Agenda Packet — Hercules City Council, January 10, 2023 (part 2 of 2)

commercial, industrial, rural, or agricultural uses. The aggregate capacity of any one installation used for the storage of liquefied petroleum gas shall not exceed a water capacity of 2,000 gallons (7570 L).

Chapter 80. Referenced Standards.

Chapter 80 is amended by adding the following referenced standards:

NFPA 3 (2021): Recommended Practice for Commissioning of Fire Protectionand Life Safety Systems
NFPA 850 (2020): Recommended Practice for Fire Protection for Electric Generating Plants and High Voltage Direct Current Converter Stations.

Chapter 80 is further amended by amending the NFPA 13D (2022) (Standard forthe Installation of Sprinkler Systems in One- and Two-Family Dwellings and Manufactured Homes) standard as follows:

Section 7.7.1 is added, to read:

7.7.1 Where CPVC pipe is installed above thenormal insulation in an unconditioned space, such as in an attic space, or a garage without conditioned living space above, CPVC pipe shall be adequately insulated to a minimum R-19 value, or equivalent, or pipe shall be limited to Type K or L copper, or ferrous piping.

Section 8.3.5.1.2 is amended to read:

8.3.5.1.2 Where fuel-fired equipment is below or on the same level as occupied areas of the dwelling unit, at least one quick-response intermediate temperaturesprinkler shall be installed above the equipment or at thewall separating the space with the fuel-fired equipment from the occupied space. In unconditioned spaces, CPVC pipe shall be adequately insulated to a minimum R-19 value, or equivalent, or pipe shallbe limited to Type K or L copper, or ferrous piping.

Appendix B. Fire-Flow Requirements for Buildings.

Table B105.2 is amended to read:

TABLE B105.2

REQUIRED FIRE-FLOW FOR BUILDINGS OTHER THAN ONE- AND
TWO-FAMILY DWELLINGS, GROUP R-3 AND R-4 BUILDINGS AND

TOWNHOUSES
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AUTOMATIC SPRINKLER

SYSTEM (DESIGN STANDARD)

MINIMUM FIRE-FLOW
(GALLONS PER MINUTE)

FLOW DURATION (HOURS)
No automatic sprinkler system Value in Table B105.1(2) Duration in Table B1 05.1(2) Section 903.3.1.1 of the California
Fire Code
50% of the value in Table
B105.1(2)a
Duration in Table B105.1(2) at
the reduced flow rate
Section 903.3.1.2 of the California
Fire Code
50% of the value in Table
B105.1(2)a
Duration in Table B105.1(2) at
the reduced flow rate
For SI: 1 gallon per minute= 3.785 Lim
a. The reduced fire-flow shall be not less than 1,500 gallons per minute.

Appendix C. Fire Hydrant Locations and Distribution.

Table C102.1 is amended as follows:

The title of Table C102.1 is amended to read:TABLE C102.1 REQUIRED NUMBER AND SPACING OF FIRE HYDRANTS(footnotes h and j)
The heading of the fourth column of Table C102.1 is amended to read:

MAXIMUM DISTANCE FROM ANY POINT ON STREET OR ROAD
FRONTAGE TO A HYDRANT (d, f, g, i)
Footnotes "i" and "j" are added to Table C102.1, to read:
i. A fire hydrant shall be provided within 250 feet of a fire trail access point off a public or private street.
j. For infill projects within existing single-family residential developments, Section 507.5.1 applies.

Appendix D. Fire Apparatus Access Roads.

Section D102.1 is amended to read:

D102.1 Access and loading.Facilities, buildings or portions of buildings hereafter constructed shall be accessible to fire department apparatus by way of an approved fire apparatus access road with an asphalt, concrete, or other approved all-weather driving surface capable of supporting the imposed load of fire apparatus weighingat least 74,000 pounds (34,473 kg) in accordance with Caltrans Design Standard HS- 20-44.

Exception: Driveways serving one or two single-family dwellings may be constructed of an alternate surface material, providing the imposed weight load design minimums are met and the grade does not exceed 10 percent. 216
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Section D103.2 is amended to read:

D103.2 Grade.Fire department access roadways having a grade of between 16 percent and 20 percent shall be designed to have a finished surface of grooved concrete sufficient to hold a 44,000 pound (19 958 kg) traction load. The grooves in the concretes u r f a c e shall be ½ inch (13 mm) wide by ½ inch (13 mm) deep and 1 ½ inch (38 mm) on center and set at a 30 to 45 degree angle across the width of the roadway surface. No grade shall exceed 20 percent, nor shall the cross slope exceed 8%, unless authorized in writing b yt h ef i r ec o d eo f f i c i a l .

Section D103.2.1 is added, to read:

D103.2.1 Angles of approach and departure.The angles of approach and departure for any means of access shall not exceed 10 percent at 10 feet of the grade break.

Section D103.3 is amended to read:

D103.3 Turning radius. Based on a minimum unobstructed width of 20 feet, a fire apparatus access roadway shall be capable of providing a minimum standardturning radius of 25 feet (7620 mm) inside and 45 feet (13 716 mm) outside. 217
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Figure D103.l is amended to read:

Table D103.4 is amended to read:

TABLE D103.4 REQUIREMENTS FOR DEAD-END FIRE APPARATUS ROADS LENGTH
(feet)

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,
Any fire apparatus access roadway or driveway that is approved to be less than 20 feet wide and to exceed 750 feet in length shall have outsets or turnouts every 300 feet along the length of the road or driveway, or at locations approved by the fire code official. Each outset or turnout shall be of the following dimensions: an 8-foot-wide turnout that extends at least 40 feet in length.

Section D103.5 is amended as follows:

Criteria 1 of Section D103.5 is amended to read:

1. The minimum clear width shall be 20 feet (6096mm).

Exception: For access to one or two single-family dwellings, 16 feet clear width is acceptable.

Criteria 9 is added to Section D103.5, to read:

9. All gates shall be installed and located a minimum of 30 feet off the street.

Section D103.6.1 is amended to read:

D103.6.1 Roads less than 28 feet in width.Fire apparatus access roads less than 28 feet wide shall be posted on both sides as a fire lane.

Section D103.6.2 is amended to read:

D103.6.2 Roads 28 feet in width or greater, but less than 36 feet in width.Fire apparatus access roads 28 feet wide or greater, but less than 36 feet wide, shall be posted on one side of the road as a fire lane.

Section D106.1 is amended by deleting the exception and to read:

D106.1 Projects having more than 100 dwelling units.Multiple-family residential projects having more than 100 dwelling units shall be provided with two separate and approved fire apparatus access roads and shall meet the requirements of Section D104.3.

Section D106.2 is deleted in its entirety.

SECTION 16. AMENDMENTS TO GREEN BUILDING STANDARDS CODE. Hercules Municipal Code, Title 9, Chapter 16, Sections 9-16.02, 9-16.03, and 9-16.04 are hereby repealed and replaced in their entirety to read as set forth below.

Sec. 9-16.02 Adoption by Reference.

The California Green Building Standards Code, 2022 Edition, as a dopted by the State of California and published in the “California Code of Regulations ,” Title 24, Part 11 is adopted by reference and made a part of this Chapter as though fully set forth herein, subject to the additions and deletions as set forth in this Chapter. 219
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Sec. 9-16.03 Copies on File.

One (1) copy of the 2022 Edition of the California Green Buildin g Standards Code, as adopted by Section 9-16.02, is on file in the office of the Chief Building Official for inspection by the public.

Sec. 9-16.04 Amendments, Additions, and Deletions
The following portion of the Ordinance Code of Contra Costa Cou nty, California, is adopted by reference under the authority of Sections 50020 thro ugh 50022.9 of the California Government Code:

Adopting the amendments to the 2022 California Green Building Standards Code by the changes, additions, and deletions set forth below as set forth i n the Contra Costa County Ordinance No. 2019-31, Chapter 74-4, “Amendments to CGBSC” Section 74-4.006 with Section numbers used below being those of the 2022 California Green Building Standards Code.
(a) Section 202 (Definitions) of CGBSC Chapter 2 (Definitions) is amended by replacing the definition of Electric Vehicle Charging Space (EV Space) with the following:

ELECTRIC VEHICLE CHARGING SPACE (EV SPACE). A space intended for current or future installati on of EV charging equipment and charging of electric vehicles.
(b) Section 301.1.1 (Additions and alterations) of CGBSC Chapter 3 (Green Building) is amended to read:

Section 301.1.1 Additions and alterations. The mandatory provisions of Chapter 4 shall apply to additions or alterations of existing residential buildings where the addition or alteration increases t he building's conditioned are a, volume, or size.

The requirements shall apply onl y to and within the specific area of the addition or alteration.

The mandatory provisions of Section 4.106.4.2 may apply to additions or alterations of existing parking facilities or the addition of n ew parking facilities serving existing multifamily buildings. See Section 4.106.4.3 for application.

NOTE: Repairs including, but not limited to, resurfacing, restriping, and repairing or maintaining existing lighting fixtures are not considered al terations for the purpose of this section.

The mandatory provisions of Sec tion 4.408 shall apply to the following types of construction or demolition projects for existing residential buildings:
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1. Projects that increase the total combined conditioned and unconditioned building area by 5,000 square feet or more.

2. Alterations to existing structures impacting 5,000 square fee t or more of total combined conditioned and unconditioned building area.

3. Demolition projects when a de molition permit is required.

Exception: Demolition projects unde rtaken because the enforcing agency has determined that the demolition is necessary to abate a public n uisance or otherwise protect public health and safety.

For the purposes of determining whether a project meets the 5,0 00 square-foot threshold, the enforcing agency may deem all phases of a projec t and all related projects taking place on a single or adjoining parcel(s) as a single project. (c) Section 301.3.2 (Waste diversion) of CGBSC Chapter 3 (Green Building) is amended to read:

Section 301.3.2 Waste diversion. The requirements of Section 5.408 shall apply to additions, alterations, and demolition whenever a permit is required for work.

Exception: Demolition projects undertaken because the enforcing agency has determined that the demolition is necessary to abate a public nuisance or otherwise protect public health and safety.
(d) Section 4.106.4.2.1 (Multifamily development projects with l ess than 20 dwelling units; and hotels and motels with less than 20 sleeping units or guest rooms) of CGBSC Chapter 4 (Residential Ma ndatory Measures) is amended by adding the following Item 3 to the end of the section:

3. EV Chargers. Ten (10) percent of the total number of parking spaces shall be equipped with fully-operational Level 2 EVSE. Where common use parking is provided, at least one EV charger shall be located in the common use parking area and shall be available for use by all residents or guests.

When low power Level 2 EV charging receptacles or Level 2 EVSE are installed beyond the minimum required, an aut omatic load ma nagement system (ALMS) may be used to reduce the maximum required electrical capacity to e ach space served by the ALMS. The electrical system and any on-site distribution tr ansformers shall have sufficient capacity to deliver at least 3.3 kW simultaneously t o each EV charging station (EVCS) served by the ALMS. The branch circuit shall have a minimum capacity of 40 amperes, and installed EVSE shall have a capacity of not less than 30 221
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amperes. ALMS shall not be used to reduce the minimum required electrical capacity to the required EV capable spaces
(e) Section 4.106.4.2.1.1 is added to Section 4.106.4.2.1 (Multifamily development projects with less than 20 dwelling units; and hotels and motels with less than 20 sleeping units or guest rooms) of CGBSC Chapter 4 (Residential Mandatory Measures), to read:

Section 4.106.4.2.1.1 Electric vehicle charging stations (EVCS). Electric vehicle charging stations required by Section 4.106.4.2.1, Item 3, shall comply with Section 4.106.4.2.1.1.

Exception: Electric vehicle charging stations serving public accommodations, public housing, motels and hotels shall not be required to comply with this section. See California Building Code, Chapter 11B, for applicable requirements.

Section 4.106.4.2.1.1.1 Location. EVCS shall comply with at least one of the following options:

1. The charging space shall be located adjacent to an
accessible parking space meeting the requirements of the California Building Code, Chapter 11A, to allow use of the EV charger from the accessible parking space.

2. The charging space shall be l ocated on an accessible route, as defined in the California Building Code, Chapter 2, to the building.

Exception: Electric vehicle charging stations designed and constructed in compliance with the California Building Code, Chapter 11B, are not required to comply with Section 4.106.4.2.1.1.1 and Section

4.106.4.2.1.1.2, Item 3.

Section 4.106.4.2.1.1.2 Electric Vehicle Charging Stations (EVCS) Dimensions. The charging spaces shall be designed to comply with the following:

1. The minimum length of each EV space shall be 18 feet (5486 mm).

2. The minimum width of each EV space shall be 9 feet (2743 mm).

3. One in every 25 charging s paces, but not less than one, 222
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shall also have an 8-foot (2438 mm) wide minimum aisle.

A 5-foot (1524 mm) wide minimum aisle shall be permitted provided the minimum width of the EV space is 12 feet
(3658 mm).
a. Surface slope for this EV space and the aisle shall not exceed 1 unit vertical in 48 units horizontal
(2.083 percent slope) in any direction.

Section 4.106.4.2.1.1.3 Accessible EV Spaces. In addition to the requirements in Sections 4.106.4.2.1.1.1 and 4.106.4.2.1.1.2, all EVSE, when installed, shall comply with the accessibility provisions for EV chargers in the California Building Code, Chapter 11B. EV ready spaces and EVCS in multifamily developments shall comply with California Building Code, Chapter 11A, Section 1109A.
(f) Section 4.106.4.2.2 (Multifamily development projects with 20 or more dwelling units; and hotels and motels with 20 or more sleeping units or gue st rooms) of CGBSC Chapter 4 (Residential Mandatory Measures) is amended by revising Item 3 to read:

When low power Level 2 EV charging receptacles or Level 2 EVSE are installed beyond the minimum required, an automatic load management system (ALMS) may be used to reduce the maximum required electrical capacity to e ach space served by the ALMS. The electrical system and any on-site distribution tr ansformers shall have sufficient capacity to deliver at least 3.3 kW simultaneously t o each EV charging station (EVCS) served by the ALMS. The branch circuit shall have a minimum capacity of 40 amperes, and installed EVSE shall have a capacity of not less than 30 amperes. ALMS shall not be used to reduce the minimum required electrical capacity to the required EV capable spaces
(g) Section 4.408.1 (Construction waste management) of CGBSC Chapter 4 (Residential Mandatory Measures) is amended to read:

Section 4.408.1 Construction waste management. Recycle and/or salvage for reuse a minimum of 65 percent of the nonhazardous construction and demolition waste in accordance with Section 4.408.2.

Exceptions:
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1. Excavated soil and land-clearing debris.

2. The enforcing agency may ide ntify alternate waste reduction requirements if the agency determines that an owner or contractor has adequately demonstrated that diversion facilities necessary for the owner to comply with this section do not exist or are not located within a reasonable distance from the jobsite.
(h) Section 4.408.2 (Construction waste management plan) of CGBSC Chapter 4 (Residential Mandatory Measures) is amended to read:

Section 4.408.2 Construction waste management plan. Submit a construction waste management plan for the project, signed by the owner, in conformance with Items 1 through 5 prior to issuance of building permit. The construction waste management plan shall be updated as necessary upon approval by the enforcing agency and shall be available during construction for examination by the enforcing agency. The plan must do all of the following:

1. Identify the construction and de molition waste materials to be diverted from disposal by recycling, reuse on the project, or salvage for future use or sale.

2. Specify if construction and de molition waste materials will be sorted on-site (source-separated) or bulk mixed (single stream).

3. Identify diversion and disposal facilities where the construction and demolition waste material will be taken and identify the waste management companies, if any, that will be utilized to haul the construction and demolition waste material. A waste management company utilized to haul construction and demolition waste material must have all applicable County approvals.

4. Identify construction methods em ployed to reduce the amount of construction and demolition waste generated.

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regulatory requirements for accuracy and maintenance. For construction and demolition debris for which weighing is not possible due to lack of scales or not practical due to materials being reused on-site or elsewhere or other considerations, a volumetric measurement shall be used. The owner shall convert volumetric measurements to weight using the standardized conversion factors approved by the enforcing agency for this purpose.
(i) Section 4.408.3 (Waste management company) of CGBSC Chapter 4 (Residential Mandatory Measures) is deleted.
(j) Section 4.408.5 (Documentation) of CGBSC Chapter 4 (Residential Mandatory Measures) is amended to read:

Section 4.408.5 Documentation. A construction waste management final report containing information and supporting documentation that demonstrates compliance with Section 4.408.1, Section 4.408.2, Items 1 through 5, and, when applicable, Section 4.408.4 or Section 4.408.4.1, shall be provided to the enforcing agency before the final inspection. The required documentation shall include, but is not necessarily limited to, the following:

1. Documentation of the quantit y by weight of each material type diverted or disposed, consistent with the requirements of Section

4.408.2, Item 5, and receipts or written certification from all receiving facilities utilized to divert or dispose waste generated by the project that substantiate the amounts specified on the construction waste management final report; or

2. For projects that satisfy the waste stream reduction alternative specified in Section 4.408.4 or Section 4.408.4.1, documentation of the quantity by weight of each material type disposed and the total combined weight of construction and demolition waste disposed in landfills as a result of the project, the corresponding pounds disposed per square foot of the building area, and receipts or written certification from all receiving facilities utilized to dispose waste generated by the project that substantiate the amounts specified on the construction waste management final report.
(k) Section 5.106.5.3.1 (EV capable sp aces) of CGBSC Chapter 5 (Nonresidential Mandatory Measures) is amended to read:

Section 5.106.5.3.1 EV Capable Spaces. [N] EV capable spaces shall be 225
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provided in accordance with Table 5.106.5.3.1 and the following requirements:

1. Raceways complying with the California Electrical Code and no less than 1-inch (25 mm) diameter shall be provided and shall originate at a service panel or a subpanel(s) serving the area, and shall terminate in close proximity to the proposed location of the EV capable space and into a suitable listed cabinet, box, enclosure or equivalent. A common raceway may be used to serve multiple EV capable spaces.

2. A service panel or subpanel(s) shall be provide d with panel space and electrical load capacity for a dedicated 208/240 volt, 40- ampere minimum branch circuit for each EV capable space, with delivery of 30-ampere minimum to an installed EVSE at each EVCS.

3. The electrical system and any on- site distribution transformers shall have sufficient capacity to supply full rated amperage at each EV capable space.

4. The service panel or subpanel circuit directory shall identify the reserved overcurrent protective device space(s) as "EV
CAPABLE". The raceway termination location shall be
permanently and visibly marked as "EV CAPABLE."
Note: A parking space served by electric vehicle supply equipment or designed as a future EV charging space shall count as at least one standard automobile parking space only for the purpose of complying with any applicable minimum parking space requirements established by an enforcement agency. See Vehicle Code Section 22511.2 for further details.

TABLE 5.106.5.3.1

TOTAL NUMBER OF

ACTUAL PARKING
SPACES

NUMBER OF REQUIRED

EV CAPABLE SPACES

NUMBER OF EVCS (EV

CAPABLE SPACES

PROVIDED WITH EVSE)
2 1-9 0 0
10-25 4 3
26-50 8 5
51-75 13 8
76-100 17 10
101-150 25 15
151-200 35 20
201 and over 20 percent of total1 10 percent of total1

1. Calculation for spaces shall be rounded up to the nearest whole number 226
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2. The number of required EVCS (EV capable spaces provided with EVSE) in column 3 count toward the total number of required EV capable spaces shown in column 2. (l) Section 5.106.5.3.2 (Electric vehicle charging stations (EVCS )) of CGBSC Chapter 5 (Nonresidential Mandatory Measures) is amended to read:

Section 5.106.5.3.2 Electric Vehicle Charging Stations (EVCS). EV capable spaces shall be provided with fully-operational EVSE to create EVCS in the number indicated in Table 5.106.5.3.1. The EVCS required by Table 5.106.5.3.1 may be provided with EVSE in any combination of Level 2 and Direct Current Fast Charging (DCFC), except that at least one Level 2 EVSE shall be provided.

One EV charger with multiple connectors capable of charging multiple EVs simultaneously shall be permitted if the electrical load capacity required by Section 5.106.5.3.1 for each EV capable space is accumulatively supplied to the EV charger.

The installation of each DCFC EVSE shall be permitted to reduce the minimum number of required EV capable spaces without EVSE by five and reduce proportionally the required electrical load capacity to the service panel or subpanel.
(m) Section 5.408.1 (Construction waste management) of CGBSC Chapter 5 Nonresidential Mandatory Measures) is amended to read:

Section 5.408.1 Construction waste management. Recycle and/or salvage for reuse a minimum of 65 percent of the nonhazardous construction and demolition waste in accordance with Section 5.408.1.1.

Exceptions:

1. Excavated soil and land-clearing debris.

2. The enforcing agency may ide ntify alternate waste reduction requirements if the agency determines that an owner or contractor has adequately demonstrated that diversion facilities necessary for the owner to comply with this section do not exist or are not located within a reasonable distance from the jobsite.
(n) Section 5.408.1.1 (Construction waste management plan) of CGBSC Chapter 5 Nonresidential Mandatory Measures) is amended to read:

Section 5.408.1.1 Construction waste management plan. Submit a construction waste management plan for the project, signed by the owner, in 227
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conformance with Items 1 through 5 prior to issuance of building permit. The construction waste management plan shall be updated as necessary upon approval by the enforcing agency and shall be available during construction for examination by the enforcing agency. The plan must do all of the following:

1. Identify the construction and de molition waste materials to be diverted from disposal by recycling, reuse on the project, or salvage for future use or sale.

2. Specify if construction and de molition waste materials will be sorted on-site (source-separated) or bulk mixed (single stream).

4. Identify construction methods employed to reduce the amount o f construction and demolition waste generated.

5. Specify that the amount of construction a nd demolition debris shall be calculated consistent with the enforcing agency’s requirements for the weighing of debris. The owner shall ensure that all construction and demolition debris diverted or disposed are measured and recorded by weight or volume using the most accurate method of measurement available. To the extent practicable, all construction and demolition debris shall be weighed using scales. Scales shall be in compliance with all regulatory requirements for accuracy and maintenance. For construction and demolition debris for which weighing is not possible due to lack of scales or not practical due to material being reused on-site or elsewhere or other considerations, a volumetric measurement shall be used. The owner shall convert volumetric measurements to weight using the standardized conversion factors approved by the enforcing agency for this purpose.
(o) Section 5.408.1.2 (Waste management company) of CGBSC Chapte r 5 (Nonresidential Mandatory Measures) is deleted.
(p) Section 5.408.1.4 (Documentation) of CGBSC Chapter 5 (Nonres idential Mandatory Measures) is amended to read:
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Section 5.408.1.4 Documentation. A construction waste management final report containing information and supporting documentation that demonstrates compliance with Section 5.408.1, Section 5.408.1.1, Items 1 through 5, and, when applicable, Section 5.408.1.3, shall be provided to the enforcing agency before the final inspection. The required documentation shall include, but is not necessarily limited to, the following:

1. Documentation of the quantit y by weight of each material type diverted or disposed, consistent with the requirements of Section

5.408.1.1, Item 5, and receipts or written certification from all receiving facilities utilized to divert or dispose waste generated by the project that substantiate the amounts specified on the construction waste management final report; or

3. For projects that satisfy the waste stream reduction alternative specified in Section 5.408.1.3, documentation of the quantity by weight of each new construction material type disposed and the total combined weight of new construction waste disposed as a result of the project, the corresponding pounds of new construction disposal per square foot of the building area, and receipts or written certification from all receiving facilities utilized to dispose waste generated by the project that substantiate the amounts specified on the construction waste management final report SECTION 17. AMENDMENTS TO RESIDENTIAL CODE. Hercules Municipal Code, Title 9, Chapter 17, Sections 9-17.02, 9-17.03, and 9-17.04 are hereby repealed and replaced in their entirety to read as set forth below.

Sec. 9-17.02 Adoption by Reference.

The California Residential Code, 2022 Edition, including appendices, as published by the International Code Council, as modified by the State of Califor nia and published in the “California Code of Regulations , Title 24, Part 2.5” is adopted by reference and made a part of this Chapter as though fully set forth herein, subject to the changes, additions and deletions as set forth in this Chapter.

Sec. 9-17.03 Copies on File.

One (1) copy of the 2022 Edition of the California Residential C ode, as adopted by Section 9-17.02, is on file in the office of the Chief Building Official for i nspection by the public.

Sec. 9-17.04 Amendments, Additions, and Deletions. The following portion of the Ordinance Code of Contra Costa County, California, is adopted b y reference under the authority of Sections 50020 through 50022.9 of the California Government Code:
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Adopting the amendments to the 2022 California Resi dential Code by the changes, additions, and deletions set forth below as set forth in Contra Costa County Ordinance No. 2022-35, Chapter 74-4 and Division 72, “Amendments to CRC” to read as follows, with Section numbers used below are those of the 2022 California Residential Code.:
(a) Sections R103 and R112 of CRC Chapter 1 (Scope and Application) are deleted. (b) In Section Rl05.2 (Work exempt from permit) of CRC Chapter 1 (Scope and Application), subsection 3 is amended to read:

3. Retaining walls that are not more than 3 feet in height measur ed from the top of the footing to the top of the wall and that have a downward ground slope at the bottom of the retaining wall not exceeding 1(vertical):10(horizontal), unless supporting a surcharge or ground slope exceeding 1(vertical):2(horizontal) or impounding Class I, II, or III-a liquids.
(c) Section R314.8.1.1 is added to S ection R314.8 (Existing Group R-3 occupancies) of CRC Chapter 3 (Building Planning), to read:

R314.8.1.1 Existing flat roof buildings. In existing flat roof buildings, the installation of a smoke detector that complies with Section R314.6 shall be required when a pitched roof is added on top of the existing flat roof and the solid sheathing of the flat roof is not removed.
(d) Section R602.10.3(3) (Bracing Re quirements Based on Seismic Design Category) of CRC Chapter 6 (Wall Construction) is amended as follows:
(1) The title of Table R602.1 0.3(3) is amended to read:

TABLE R602.10.3(3)
i
(2) Footnote "i" is added to Table R602.10.3(3), to read:
i. In Seismic Design Categor ies D0, D1, and D2, Method GB is not permitted and the use of Method PCP is limited to one-story dwellings and accessory structures.
(e) Section R602.10.4.5 is added t o Section R602.10.4 (Construction methods for braced wall panels) of CRC Chapter 6 (Wall Construction), to read:

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sheathing. In Seismic Design Categories D0, D1, and D2, the use of Method PCP is limited to one-story dwellings and accessory structures. (1) Appendix AH and Appendix AX of the CRC is incorporated into the County building code. Appendix AA, Appendix AB, Appendix AC, Appendix AD, Appendix AE, Appendix AF, Appendix AG, Appendix AI, Appendix AJ, Appendix AK, Appendix AL, Appendix AM, Appendix AN, Appendix AO, Appendix AP, Appendix AQ, Appendix AR, Appendix AS, Appendix AT, Appendix AU, Appendix AV, Appendix AW, Appendix AY, and Appendix AZ of the CRC are excluded from the County building 231
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(1) Footnote "g" is added to Table R602.10.3(3), to read:
g. In Seismic Design Categories D0, D1, and D2, Method GB is not permitted and the use of Method PCP is limited to one-story dwellings and accessory structures.
(a) Section R602.10.4.5 is added to Section R602.10.4 (Construction methods for braced wall panels) of CRC Chapter 6 (Wall Construction), to read:

R602.10.4.5 Limits on methods GB and PCP. In Seismic Design Categories D0, D1, and D2, Method GB is not p ermitted, but gypsum board is per mitted to be installed on the opposite side of the studs from other types of braced wall panel sheathing. In Seismic Design Cate gories D0, D1, and D2, the use of Method PCP is limited to one-story dwellings and accessory structures. (b) Appendix H of the CRC is incorporated into the City building c ode. Appendix A, Appendix B, Appendix C, Appendix D, Appendix E, Appendix F, App endix G, Appendix I, Appendix J, Appendix K, Appendix L, Appendix M, App endix N, Appendix O, Appendix P, Appendix Q, Appendix R, Appendix S, Appe ndix T, Appendix U, Appendix V, and Appendix W of the CRC are excluded f rom the City building code.

SECTION 19. PROPERTY MAINTENANCE CODE. Hercules Municipal Code, Title 9, Chapter 18 Sections 9-18.01, 9-18.02and 9-18.03 are hereby repealed and replaced as follows:

Sec. 9-18.01 Administration.

These regulations shall be known as the “International Property Maintenance Code,” and may be so cited, and will be referred to herein as “this Chapter.” This Code is one (1) of the technical codes of building regulations and is administered under Title 9, Chapter 1 of the Hercules Municipal Code.

Sec. 9-18.02 Adoption by Reference.

The International Property Maintenance Code, 2021 Edition, including appendices, as published by the International Code Council is adopted by reference and made a part of this Chapter as though fully set forth herein, subject to the additions and deletions as set forth in this Chapter
Sec. 9-18.03 Copies on File.

One (1) copy of the 2021 Edition of the International Property Maintenance Code, as adopted by Section 9-18.02, is on file in the office of the Chief Building Official for inspection by the public.
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SECTION 20. SEVERABILITY.If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid, such decisions shall not affect the validity of the remaining portions of this Ordinance. The Council hereby declares that it would have adopted the Ordinance, and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be deleted.

SECTION 21. EFFECTIVE DATE AND PUBLICATION.The City Clerk shall certify to the adoption of this Ordinance and shall publish or post the Ordina nce as required by law. This Ordinance shall be effective thirty (30) days from date of final adoption.

THE FOREGOING ORDINANCE was first read at a regular meeting of the Hercules City Council on the 10
th day of January, 2023, and was passed and adopted at a regular meeting of the Hercules City Council on the _____ day of _____________, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Alex Walker-Griffin, Mayor
__________________________________________
Eibleis Melendez
Acting City Clerk
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FINDINGS FOR ORDINANCE NO. 2022-35
1 CONTRA COSTA COUNTY

FINDINGS IN SUPPORT OF CHANGES, ADDITIONS, AND DELETIONS

TO STATEWIDE BUILDING STANDARDS CODE

The California Building Standard s Commission has adopted and pu blished the 2022 Building Standards Code, which is comprised of the 2022 California Build ing, Residential, Green Building Standards, Energy, Electrical, Plumbing, Mechanical, and Existing Building Codes. These codes are enforced in Contra Costa County by the Building Inspection Division of the Department of Conservation and Development.

Although these codes apply statewide, Health and Safety Code se ctions 17958.5 and 18941.5 authorize a local jurisdiction to modify or change these codes and establish more restrictive building standards if the jurisdiction finds that the modifications and changes are reasonably necessary because of local climatic, geological, or topographical conditions. For amendments to the California Green Building Standards Code, local climatic, geological, and topogr aphical conditions include local environmental conditions.

Ordinance No. 2022-35 adopts the statewide codes and amends the m to address local conditions. Pursuant to Health and Safety Code section 17958.7, the Contra Costa County Board of Supervisors finds that the more restrictive standards contained in Ordinance No. 2022-35 are reasonably necessary because of the local climatic, geological, and topographic conditions that are described below.

I. Local Conditions

A. Geological and Topographic

1. Seismicity

(a)Conditions

Contra Costa County is located in Seismic Design Categories D a nd E, which designates very high risk for earthquakes. Buildings and other structures in these zones can experience major seismic damage. Contra Costa County is near numerous earthquake faults including the San Andreas Fault, and all or p ortions of the Hayward, Calaveras, Concord, Antioch, Mt. Diablo, and other les ser faults. A 4.1 earthquake with its epicenter in Concord occurred in 1958, and a 5.4 earthquake with its epicenter also in Concord occurred in 1955. The Concor d and Antioch faults have a potential for a Richter 6 earthquake and the Hayward and Calaveras faults have the potential for a Richter 7 earthquake. Minor tre mblers from seismic activity are not uncommon in the area. A study released in 2015 by the Working Group of California Earthquake Probabilities predicts that for the San Francisco 254
FINDINGS FOR ORDINANCE NO. 2022-35
2 region, the 30-year likelihood of one or more earthquake of 6.7 or larger magnitude is 72%. The purpose of this Working Group is to develop statewi de, time-dependent Earthquake Rupture Forecasts for California that use best avail able science, and are endorsed by the United States Geological Survey, the Southern C alifornia Earthquake Center, and the California Geological Survey. Scientists, therefore, believe that an earthquake of a magnitude 6.7 or larger is now slightly more th an twice as likely to occur as to not occur in, approximately, the next 30 years.

Interstates 680, 80, 580 and State Route 4 run throughout Contra Costa County. These interstates and state route divide the County into west, south, north and east areas.

An overpass or undercrossing collapse would significantly alter the response route and time for responding emergency equipment.

Earthquakes of the magnitude no ted above could cause major dama ge to electrical transmission facilities and to gas and electrical lines in buildings, causing disruption and starting fires throughout the County.

(b)Impact

A major earthquake could severely restrict the response of Cont ra Costa County Fire Districts and their capability to control fires. When buildings not equipped with earthquake structural support move off their foundations, gas pipes may rupture. Fires may develop from line ruptures and spread from house to house, caus ing an extreme demand for fire protection resources. The proximity of large areas within the County to fault traces necessitates adopting stricter structural construction standards.

2. Soils

(a)Conditions

The area is replete with various soils, many of which are expan sive. Many areas have landslide prone soils and some areas are potentially liquefiabl e during severe seismic shaking.

Throughout Contra Costa County, the topography and development growth has created a network of older, narrow roads. These roads vary from gravel to asphalt surface and vary in percent of slope, many exceeding 20%. Several of these roads extend up through the winding passageways in the hills providing access to remote, affluent housing subdivisions. The majority of these roads are private with no established maintenance program. During inclement weather, these roads are subject to rock and mudslides, as well as downed trees, obstructing all vehicle traffic. It is an ticipated that during an earthquake, several of these roads would be unpassable preventi ng fire protection 255
FINDINGS FOR ORDINANCE NO. 2022-35
3 resources from reaching fires caused by gas line ruptures or ot her sources.

3. Topographic

(a)Conditions

i) Vegetation

Highly combustible dry grass, weeds, and brush are common in th e hilly and open space areas adjacent to built-up locations 6 to 8 months of each year . Many of these areas frequently experience wildland fires, which threaten nearby bui ldings, particularly those with wood roofs, or sidings. This condition can be found throug hout Contra Costa County, especially in those developed and developing areas of t he County. Earthquake gas fires due to gas line ruptures can ignite grasslands and st ress fire district resources.

ii) Surface Features

The arrangement and location of natural and manmade surface fea tures, including hills, creeks, canals, freeways, housing tracts, commercial developmen t, fire stations, streets, and roads, combine to limit feasible response routes for Fire District resources in and to District areas.

iii)Buildings, Landscaping, and Terrain

Many of the newer large buildings and building complexes have b uilding access and landscaping features and designs, which preclude or greatly lim it any approach or operational access to them by Fire District vehicles. In additi on, the presence of s e c u r i t y g a t e s a n d r o a d s o f i n a d e q u a t e w i d t h a n d g r a d e s t h a t a re too steep for Fire District vehicles adversely affect fire suppression efforts.

When Fire District vehicles cannot gain access to buildings inv olved with fire, the potential for complete loss is realized. Difficulty reaching a fire site often requires that fire personnel both in numbers and in stamina. Access problems often result in severely delaying, misdirecting or making impossible fire and s moke control efforts. In existing structures where pitched roofs have been b uilt over an existing roof, smoke detectors should be required to warn residents of s moke and fire before the arrival of fire personnel.

(b)Impact
The above local geological and topographical conditions increas e the magnitude, exposure, accessibility problems , and fire hazards presented to the County fire resources. Fire following an earthquake has the potential of causing greater loss of life and damage than the earthquake itself. Most earthquake fires ar e caused by natural gas line ruptures. Hazardous materials, particularly toxic gases, could pose the greatest 256
FINDINGS FOR ORDINANCE NO. 2022-35
4 threat to the largest number, should a significant seismic even t occur. Public safety resources would have to be prioritized to mitigate the greatest threat and may be unavailable for smaller single dwellings that affected or threatened by broken gas lines.

Other variables may intensify the situation:

1.The extent of damage to the water system

2.The extent of isolation due to bridge and/or freeway overpass c ollapse.

3.The extent of roadway damage and/or amount of debris blocking the roadways.

4.Climatic condition (hot, dry weather with high winds).

5.Time of day will influence the amount of traffic on roadways and could intensify the risk to life during normal business hours.

6.The availability of timely mutual aid or military assistance.

7.The large portion of dwellings with wood shake or shingle cover ings (both on the roof diaphragm and sides of the dwellings) could result in conflagrations.

8.The large number of dwellings that slip off their foundations a nd rupture gas lines and electrical systems resulting in further conflagrations.

More restrictive electric vehicle charging standards, construct ion and demolition waste recovery requirements, and building electrification requirement s would not impact the availability of the County’s fire or public safety resources.

B.Climatic

1. Precipitation and Relative Humidity

(a)Conditions

Precipitation ranges from 15 to 24 inches per year with an aver age of approximately 20 inches per year. 96% of precipitation falls during the months o f October through April, and 4% from May through September. May through September is a d ry 5-month period each year. Additionally, the area is subject to occasional drou ght. Relative humidity remains in the middle range most of the time. It ranges from 45 to 65% during spring, summer, and fall, and from 60 to 90% in the winter. It occasion ally falls as low as 15%.

(b)Impact
257
FINDINGS FOR ORDINANCE NO. 2022-35
5 Locally experienced dry periods cause extreme dryness of untrea ted wood shakes and shingles on buildings and non-irrigated grass, brush and weeds, which are often near buildings with wood roofs and sidings. Such dryness causes these materials to ignite very readily and burn rapidly and intensely. Gas fires due to g as line ruptures can also spark and engulf a single-family residence during these dry per iods.

Because of dryness, a rapidly burning gas fire or exterior buil ding fine can quickly transfer to other buildings by means of radiation or flying brands, sparks or embers. A small fire can rapidly grow to a magnitude beyond the control capabilities of the Fire

District resulting in an excessive fire loss.

2. Greenhouse Gas Emissions

(a)Conditions

The California Air Resources Board has collected information on e m i s s i o n s f r o m a i r pollution sources since 1969. This information is periodically compiled by State and local air pollution control agencies to create regional and statewide greenhouse gas emissions inventories. The California greenhouse gas emissions inventory maintains information on various air pollution sources and identifies “transportation” (all on-road vehicles such as automobiles and trucks, and off-road vehicles such as trains, s hips, aircraft, and farm equipment) as a primary pollution source. According to the 2019 statewide inventory, the transportation sector remains the largest source of greenhouse gas emissions, accounting f o r 39.7% o f t h e t o t a l g r e e n h o u s e g a s e m i s s i o n s . E m i s s i o n s f r o m r e c y c l i n g a n d waste, comprising 2% of the total greenhouse gas emissions, hav e grown by 20% since 2000, and 96% of that amount is landfill emissions. California adopted land use and transportation policies and mandatory recycling laws to help re duce greenhouse gas emissions by promoting the use of renewable energy sources and reducing landfill disposal.

Contra Costa County also completed a local greenhouse gas emiss ions inventory as well as a community-wide Climate Action Plan. The County’s Climate Action Plan contains measures reducing greenhouse gas emissions pertaining to renewa ble fuel vehicles and reducing landfill disposal for the purpose of reducing greenhouse gas emissions.

(b)Impact

More restrictive electric vehicle charging standards, construct ion and demolition waste recovery requirements, and building electrification requirements would be consistent with the intent of State legislation and County requirements to aggr essively implement energy and waste policies designed to ensure success in meeting their greenhouse gas emission reduction and reusable energy and recycling goals.
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FINDINGS FOR ORDINANCE NO. 2022-35
6 3. Temperature

(a)Conditions

Temperatures have been recorded as high as 114° F. Average summer highs are in the 75° to 90° range, with average maximums of 105° F in some areas of unincorporated Contra Costa County.

(b)Impact

High temperatures cause rapid fatigue and heat exhaustion of fi refighters, thereby reducing their effectiveness and ability to control large build ing, wildland fires, and fires caused by gas line ruptures.

Another impact from high temperatures is that combustible building material and non- irrigated weeds, grass and brush are preheated, thus causing these materials to ignite more readily and burn more rapidly and intensely. Additionally, the resultant higher temperature of the atmosphere surrounding the materials reduces the effectiveness of the water being applied to the burning materials. This requires that more water be applied, which in turn requires more fire resources in order to control a fire on a hot day. High temperatures directly contribute to the rapid growth of fires to an intensity and magnitude beyond the control capabilities of the Fire Distr icts in Contra Costa County. The change of temperatures throughout the County betwee n very low and extreme highs contributes to a voltage drop in conductors used for power pole lines.

This necessitates that voltage drops be considered.

More restrictive electric vehicle charging standards, construct ion and demolition waste recovery requirements, and building electrification requirement s would not have a negative impact on the temperature conditions within the County .

4. Winds

(a)Conditions

Prevailing winds in many parts of Contra Costa County are from the north or northwest in the afternoons. However, winds are experienced from virtuall y every direction at one time or another. Velocities can reach 14 mph to 23 mph rang es, gusting to 25 to 35 mph. 40 mph winds are experienced occasionally and winds up to 55 mph have been registered locally. During the winter half of the year, st rong, dry, gusty winds from the north move through the area for several days creating extremely dry conditions.
259
FINDINGS FOR ORDINANCE NO. 2022-35
7 (b)Impact

Winds such as those experienced locally can and do exacerbate f ires, both interior and exterior, to burn, and spread rapidly. Fires involving non-irrigated weeds, grass, brush, and fires caused by gas line ruptures can grow to a magnitude and be fanned to an intensity beyond the control capa bilities of the fire services very quickly even by relatively moderate winds. When such fires are not controlled; they can extend to nearby buildings, particularly those with untreated wood shakes or shingles.

Winds of the type experienced locally also reduce the effectiveness of exterior water streams used by all Contra Costa County Fire Districts on fires involving large interior areas of buildings, fires which have vented through windows and roofs due to inadequate built-in fire protection and fires invo lving wood shake and shingle building exteriors. Local winds will continue to be a definite factor toward causing major fire losses to buildings not provided with fire resistive roof and siding materials and buildings with inadequately separ ated interior areas, or lacking automatic fire protection systems, or lacking proper gas shut- off devices to shut off gas when pipes are ruptured, or lacking proper electrical systems. National statistics frequently cite wind conditions, s uch as those experienced locally, as a major factor where conflagrations hav e occurred.

More restrictive electric vehicle charging standards, construct ion and demolition waste recovery requirements, and building electrification requi rements, would not have a negative impact on the wind conditions within the County.

II. Necessity of More Restrictive Standards

Because of the conditions described above, the Contra Costa County Board of Supervisors finds that there are building and fire hazards unique to Contra Costa County that require the more restrictive fire protection, structural and design loa d requirements, and energy and waste management policies set forth in Ordinance No. 2022-3 5.

x The ordinance amends the 2022 California Building Code by:
o Clarifying the reference to electrical vehicle charging for new residential constructions to include both future and fully operational chargers in accord ance with local amendments made to the CGBSC. (§74-4.002(b).)
o Requiring the installation of a smoke detector in each existing flat roof building when a pitched roof is added on top of the existing flat roof, and t he solid sheathing of the flat roof is not removed. (§ 74-4.002(c).)
o Requiring most wood shakes or shingles used for exterior wall c overing to be fire treated. (§ 74-4.002(d).)
o Requiring special inspections for concrete compressive strength at certain foundations 260
FINDINGS FOR ORDINANCE NO. 2022-35
8 to be consistent with code requirements for concrete at other locations. (§ 74-

4.002(e).)
o Addressing the poor performance of plain concrete structural elements during seismic events. (§ 74-4.002(f), § 74-4.002(h), § 74-4.002(i).)
o Prohibiting placement of reinforcement while the concrete is in a semifluid condition thus increasing quality control during construction. Enhanced quality control is necessary because of seismic considerations. (§ 74-4 .002(g).)

x The ordinance amends the 2022 California Residential Code by:
o Requiring the installation of a smoke detector in each existing flat roof building when a pitched roof is added on top of the existing flat roof, and t he solid sheathing of the flat roof is not removed. (§ 74-4.004(c).)
o Prohibiting the use of gypsum wallboard as braced wall panels i n single- and two- family dwellings and accessory structures, and by limiting the use of Portland Cement Plaster braced walls to only one story single- and two-family d wellings, as these materials have performed poorly during recent California seismi c events. (§74-

4.004(d), and §74-4.004(e).)

x The ordinance amends the 2022 California Green Building Standards Code by:
o Imposing more restrictive electric vehicle charging standards, as follows:
Amending the definition of electric vehicle charging space to include both current and future installations in contrast to the statewide code that includes only future installations in the definition. (§ 74-4.006(a).)
For new multi-family buildings:
x Requiring five percent of the total number of parking spaces (but not less than one space) be fully operational Electric Vehicle Charging Spaces (“EV spaces”) for all multi-family buildings irrespective of the number of units. Sta tewide code only requires five percent fully operational EV spaces for new multi -family developments with 20 or more units. (§ 74-4.006(d), and § 74-4.006(e).) For new non-residential buildings:
x Requiring that the number of EV spaces in new construction provide fully operational EVSE exceeding the number required by the statewide code consistent with current local amendments. (§ 74-4.006(i), and § 74-4.006(j).) o Imposing more restrictive construction waste reductio n, disposal and recycling standards consistent with those presently enforced in the County as follows:
Imposing the mandatory restrictions from Chapter 4 of the 2022 CGBSC on certain projects for existing residential buildings, including:
x Projects that increase the total combined conditioned and uncon ditioned building area by 5,000 square feet or more. ((§ 74-4.006(b).)
x Projects that impact 5,000 square feet or more of the total com bined conditioned and unconditioned building area. ((§ 74-4.006(b).)
x Demolition projects when a demolition permit is required, excep t demolition projects that are necessary to abate a public nuisance. (§ 74-4.006(b), and § 74-

4.006(c).)
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9 Eliminating the exception from construction waste management re quirements for projects solely based on their isolated location from diversion facilities. ((§ 74-

4.006(f).)
Requiring measuring of all generated debris to ensure that at least 65% is diverted from landfills. (§ 74-4.006(i), and § 74-4.006(o).)
Requiring more comprehensive documentation for construction was te management be provided to the enforcing agency and making submittal of the same a prerequisite for scheduling final inspections. (§ 74-4.006(g), and § 74-4.006(m).)

x The amendments to the 2022 California Existing Building Code ar e not substantive in nature and are limited to administrative provisions for the use and enforcement of this Code, and to be consistent with the administrative provisions o f the statewide codes as amended.

x The ordinance amends the 2022 California Energy Code by:
o Adding the definition of an all-electric building to mean a building that has no natural gas or propane plumbing within the building, and that uses electricity as its sole source of energy. (§ 74-4.010(b).)
o Requiring that all newly constructed residential, detached acce ssory dwelling unit, hotel, office, and retail type buildings that do not have vested right s before June 1, 2022 be all- electric buildings. The statewide code has no mandatory buildin g electrification requirements. (§ 74-4.010(a).)

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ORDINANCE NO. 539

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HERCULES AMENDING CHAPTER 5 OF T I T L E 9 O F T H E HERCULES MUNICIPAL CODE

TO REQUIRE CERTAIN NEWLY CONSTRUCTED BUILDINGS TO BE ALL- ELECTRIC BUILDINGS.

WHEREAS, the 2022 Edition of the California Building Standards Code (CBS C) will take effect throughout California on January 1, 2023, and provides standards for both the use of natural gas and electricity for substantially the same purposes, such as heating buildings, cooking food, etc.; and

WHEREAS, Health and Safety Code Sections 17958.5 and 18941.5 authorizes local agencies to establish more restrictive building standards than those specif ied in the CBSC, including, but not limited to, green building standards that are reasonably necess ary because of local climatic, geological, or topographical condi tions based on and in accorda nce with the findings required by Health and Safety Code Section 17958.7 and the other requiremen ts imposed by Section 17958.7; and

WHEREAS, consistent with Health and Safety Code sections 17922, 17958, 17958.5, 17958.7, and 18941.5 as well as Public Resources Code section 2 5402.1(h)(2) and Government Code sections 50020 through 50022.10, the City of He rcules desires to establish more restrictive standards than those contained in the 2022 Cal ifornia Energy Code to require all newly constructed residential buildings, hotels, and office buildings to be constructed as all-electric buildings without natural gas infrastructure.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERCULES DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. RECITALS. The above recitals are true and correct. The City Council hereb y incorporates the above recitals into this Ordinance by this reference.

SECTION 2. ENVIRONMENTAL REVIEW. This amendment is Categorically Exempt from CEQA pursuant to Section 15061(b)(3) (the “ common sense exemption”) as it can be seen with certainty that there is no possibility the project will have a significant effect on the environment and thus is not subject to CEQA. Adoption of these building standards does not require or authorize any construction or physical impact to the environment, and the sta ndards themselves are intended to reduce greenhouse gas emissions.

SECTION 3. AMENDMENTS. That the City Council of the City of Hercules does hereby amend Hercules Municipal Code, Title 9, Chapter 5, to read as follows:

Sec. 9-5.01 Administration.

These regulations shall be known as the “Electrical Code,” and may be so cited, and will

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be referred to herein as “this Chapter.”

This Code is one of the technical codes of Building Regulations and is administered under Title 9, Chapter 5 of the Hercules Municipal Code. (Ord. 254 Div. 6 (part), 1987)

Sec. 9-5.02 Adoption by Reference.

The California Electrical Code, 2019 Edition (California Code of Regulations, Title 24 Part 3) based on the 2017 Edition of the National Electrical Code, as published by the National Fire Protection Association, as modified by the State of Califo rnia and published in the “California Code of Regulations,” is adopted by reference and made a part of this Chapter as though fully set forth herein, subject to the additions and deletions set forth in this Chapter. (Ord. 526 § 6 (part), 2019)

Sec. 9-5.03 Copies on File.

One (1) copy of the 2019 California Electrical Code as adopted by Section 9-5.02 is on file in the office of the Chief Building Official for inspection by the public. (Ord. 526 § 6 (part), 2019)

Sec. 9-5.04 Amendments, Additions and Deletions.

(a)Addition to Chapter 1, Section 101 Scope to read as an additional paragraph as follows:

(1)The Administrative part of this chapter is in addition to the City of Hercules Building Regulations Administrative Code, Title 9, Chapter 1 of the Herc ules Municipal Code. Where conflicts occur betw een this chapter and Title 9, Chapter 1 of the Hercules Municipal Code, the provisions of Title 9, Chapter 1 o f the Hercules Municipal Code shall govern. (Ord. 254 Div. 6 (part), 1987)

(b)The 2019 California Energy Code (“CEnC”) is amended by the changes, additions, and deletions set forth in this chapter. Section numbers used below are those of the 2022 California Energy Code.

(1)Section 100.0(e)(2)(A) of CEnC Subc hapter 1 (All Occupancies - General Provisions) is amended to read:

A. All newly constructed buildings.

(i) Sections 110.0 through 110.12 apply to all newly constructed buildings and rebuilt buildings within the scope of Section 100.0(a), where rebuilt involves demolition and reconstruction of a building or structure involving the repair or replacement of fifty (50) percent or more of the exterior walls or involving work that exceeds one-half (½) of the appraised value of the structure. In addition, newly constructed buildings shall meet the requirements of Subsection B, C, D, or E, as applicable.

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(ii) A newly constructed building that is any of the following building types shall be an all-electric building:

a. Residential

b.Detached Accessory Dwelling Units

c. Hotel

d.Office

Exceptions to Section 100.0(e)(2)(A)(ii):
x Laboratory- and research-specific functions within laboratories and medical buildings (general heating and appliance purposes within laboratories and medical facilities are not exempt).
x Emergency facilities and emergency generators;
x Development projects that have obtained vested rights before th e effective date of this subsection pursuant to a development agreement in accordance with Government Code section 65866, a vesting tentative map in accordance with Government Code section 66998.1, or other applicable law.

(1)Section 100.1(b) (Definitions) of CEnC Subchapter 1 (All Occupa ncies – General Provisions) is amended by adding the following definition:

ALL-ELECTRIC BUILDING means a building that has no natural gas or propane plumbing installed within the building, and that uses electricity as the sole source of energy for its space heating (including heating of all indoor a nd outdoor spaces of the building), water heating (including heating of indoor and outdoor pools and spas), cooking appliances, and cl othes drying appliances. An al l-electric building may utilize natural gas for emergency generators.

Sec. 9-5.05 Permits Required.

It shall be unlawful for any person, firm or corporation to install, alter, repair, replace or remodel any electrical system or equipment regulated by this Code. (Ord. 288 Div. 1 (part), 1990)

Sec. 9-5.06 Unsafe Electrical Systems.

All electrical systems or equipment regulated by this Code whic h are unsafe, or which constitute a fire hazard, or are otherwise dangerous to human l ife are, for the purpose of this Section, unsafe. Any use of electrical systems or equipmen t regulated by this Code constituting a hazard to safety, health or public welfare by re ason of inadequate maintenance, dilapidation, obsolescence, fire hazard, disaster, damage or abandonment is, for the purpose of this Section, an unsafe use.

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All such unsafe electrical systems or equipment are declared to be public nuisances and shall be abated by repair, reha bilitation, demolition or remova l in accordance with the procedures set forth in the Uniform Code for the Abatement of D angerous Buildings or such alternate procedure as may be adopted by this jurisdiction . As an alternative, the Building Official or other employee or official of this jurisdi ction as designated by the governing body may institute any other appropriate action to pr event, restrain, correct or abate the violation. (Ord. 288 Div. 1 (part), 1990)

SECTION 20. SEVERABILITY. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid, such decisions shall not affect the validity of the remaining portions of this Ordinance. The Council hereby declares that it would have adopted the Ordinance, and each section, subsection, sentence, clause, or p hrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be deleted.

SECTION 21. EFFECTIVE DATE AND PUBLICATION. The City Clerk shall certify to the adoption of this Ordinance and shall publish or post the Ordina nce as required by law. This Ordinance shall be effective thirty (30) days from date of final adoption.

THE FOREGOING ORDINANCE was first read at a regular meeting of the Hercules City Council on the 24
th day of May 2022 and was passed and adopted at a regular meetin g of the Hercules City Council on the 14th day of June, 2022 by the following vote:

AYES: COUNCIL MEMBERS: T. Grimsley, C. Kelley, D. Romero, Vice Mayor A. Walker- Griffin, Mayor D. Bailey
NOES: None.

ABSTAIN: None.

ABSENT: None.

Dion Bailey, Mayor
ATTEST:

Lauren Berges
City Clerk

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O-H

ERCULES FIRE PROTECTION DISTRICT
1680 REFU
GIO VALLEY ROAD, HERCULES, CALIFORNIA 94547
(510)
799-4561 FAX
: (510) 799-0395

O
RDINA
NCE #20
22-01

FIRE CODE

ORDINANCE OF THE RODEO-HERCULES FIRE PROTECTION DISTRICT ADOPTING THE 2022 CALIFORNIA FIRE CODE WITH AMENDMENTS.

The Board of Direct ors of the Rodeo -Hercules Fire Protection District ordains as follows:

SECTION 1. ADOPTION OF THE CALIFORNIA FIRE CODE.

The Rodeo-Hercules Fire Protection District hereby adopts the 2022 California Fire Code (California Code of Regulations, Title 24, Part, 9 [based on the 2021 International Fire Code published by the International Code Council]), including Chapters 1 -10 and 12-80, Appendix B, Appendix C, Appendix D, Appendix F, Appendix H, Appendix I, Appendix J, and Appendix K, as amended by the changes, additions, and deletio ns set forth in this ordinance. The 2022 California Fire Code, with the changes, additions, and deletions set forth this ordinance, is adopted by this reference as though fully set forth in this ordinance. As of the effective date of this ordinance, the provisions of the fire code are controlling and enforceable within the limits of each jurisdiction.

SECTION 2. AMENDMENTS TO THE CALIFORNIA FIRE CODE.

The 2022 California Fire Code is amended by the changes, additions, and deletions set forth in this Section. Chapter and Section numbers used below are those of the 2022 California Fire Code.

Chapter 1. Scope and Administration.

Section 101.1 is amended to read:

101.1 Title. These regulations shall be known as the Fire Code of the Rodeo-Hercules Fire Protection District, hereinafter referred to as "this code."

S
ection 102.1 is amended to add item 5, to read:

5. W
here not otherwise limited by law, the provisions of thi s code shall apply to vehicles, ships,
an
d boats that are permanently affixed to a specific location within the boundaries of this j
urisdiction.

Section 105.5 is amended to read:

105.5 Required operational permits. The fire code official is authorized to issue operational permits for the operations set fo rth in Chapter 1, Sections 105.5 .1 through 105.5.63.

Section 105.5.33 is amended to read:

105.5.33 Motor Fuel Dispensing Facilities. An operational permit is required for the operation of automotive, marine, and fleet motor fuel dispensing facilities, including for sites that allow mobile fueling from a service provider to the general public , fueling of motor 267
vehicles at approved locations from a tank vehicle and limited or tem porary fueling operations for special events (fueling of watercraft from shore, piers, floats, or barges).

S
ection 105.5.40 i
s amended to read:

S
ection 105.5.40 Cann
abis/Plant Extraction Related System(s)/Operations.

An operational
pe
rmit is required for any of the following cannabis/plant extraction related systems operations.

1. Cul
tivation

2. P
lant Extraction Systems

3. T
esting/Lab

4. Ma
nufacturing

5. Di
stribution

6. Carbon Dioxide Systems or v
olatile solvent

S
ection 105.5.52 i
s amended to r
ead:

10 5.5.52 W
ood products. A
n operational permit is required to store chips, hogged material, wood or othe
r combustible pallets, lumber or plywood in excess of 200 cubic feet (6 m3).

S
ection 105.5 i
s amended by
adding Subsec
tions 105.5.55 throu
gh 105.5.63 to
r
ead:

105.5.55 Asbestos removal. A permit is required to conduct asbestos -removal operations regulated by Section 331 9

105.5.56 Automobile Wrecking or Dismantling Yard. An operation permit is, required for all automobile wrecking yards, automobile dismantling operations, and similar operations.

105.5.57 Christmas tree sales. A permit is required to use a property for the purpose of selling cut Christmas trees

105.5.58 Firework aerial display. A permit is required to conduct a firework display regulated by California Code of Regulations, Title 19 and Chapter 56 of this code

105.5.59 Model rockets. A permit is required to sell model rocket motors or launch model rockets pursuant to California Code of Regulations, Title 19, Division 1, Article 17.

Permits issued in accordance with this section are for the site and are effective as long as site conditions have not changed.

105.5.60 Temporary Occupancy. A
permit is r
equired for any temporary occupancy.

105.5.61 Temporary water supply. A permit is required to use a temporary water supply for construction of residential projects or subdivisions pursuant to Section 3313.1.

105.5.62 Tire storage. A permit is required to store more than 1,000 cubic feet (28.3m 3) of tires inside buildings pursuant to Chapter 34.

105.5.63 Indoor Growing Operation. A permit is required to operate an indoor growing operation.

Exception: Agricultural Greenhouses in an agricultural zone.

Section 105.6 is amended to read:

105.6 Required construction permits. The fire code official is authorized to issue construction permits for the operations set fo rth in Chapter 1, Sections 105.6 .1 through 105.6.29.

Section 105.6 is amended by adding Sections 105.6.25 through 105.6.29 to read:
268

105.6.25 Access for fire apparatus. Plans shall be submitted and a permit is required to install, improve, modify, or remove public or private roadways, driveways, and bridges for which Fire District access is required by the Fire Code.

105.6.26 Construction, Substantial Alteration, Additions of a building for which a building permit is required. Plans shall be submitted to the fire code official for all land developments or for the construction, substantial alteration, additions or renovation of a building within the jurisdiction where a building permit is required.

Exception: Non-sprinklered Group R -3 Occupancies where work does not involve a substantial addition or substantial alteration .

105.6.27 Land Development, Subdivisions. Plans shall be submitted to the fire code official for all land developments or improvements p roposed within the jurisdiction that involve the subdivision of land.

105.6.28 Water supply for fire protection. Plans shall be submitted to the fire code official for the purpose of determining whether adequate water supplies, fire hydrants, and associated systems are provided for all facilities, buildings, or portions of buildings either constructed or moved into the District pursuant to Sectio n 507.

105.6.29 L
and Development, Subdivisions.

Plans shall be submitted to the fire code official
for al
l land developments or improvements proposed within the jurisdiction that involve the s
ubdivision of land.

Section 105.7 is added, to read:

105.7 Responsibility of permitee. Construction permits shall be presumed by the Fire District to incorporate all the work that the applicant or the applicant's agent, employees, or contractors shall carry out. Work performed shall be in accordance with the approved plans and with all requirements of this code and any other laws or regulations applicable thereto.

No Fire District approval shall relieve or exonerate any person from the responsibility of complying with the provisions of this code nor shall any vested rights be created for any work performed in violation of this code.

Section 112.4 is amended to read:

112.4 Violation penalties. Every person who violates any provision of this fire code is guilty of an infraction or misdemeanor in accordance with Health and Safety Code Section 13871 and Government Code Section 53069.4. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue; and all such persons shall be required to correct or remedy such violations or defects within a reasonable time; and when not otherwise specified, each ten (10) days that prohibited conditions are maintained shall constitute a separate offense. The application of the aforesaid penalty shall not be held to prevent the enforced removal of prohibited conditions.

Chapter 2. Definitions.

Section 202 is amended by adding the following definitions to that section:

Administrator. Shall mean the Fire Chief.

Aerial Pre-Plans. An overhead layout of a parcel that contains structure(s) that identifies specific first responder related items to assist in effectively managing incidents and events for the protection of occupants, responding personnel, property, and the environment. The preplan shall be developed in accordance with a format approved by the AHJ. Preplan symbols shall 269
comply with AHJ or the latest edition of NFPA 170 (Standard for Fire Safety and Emergency Symbols), and NFPA 1620 (Standard for Pre-Incident Planning).

All-Weather Driving Surface. A roadway with a minimum surface finish that is designed to carry the imposed weight loads of fire apparatus.

Automobile Dismantling or Wrecking Yard. The operation of dismantling or removing parts from salvaged vehicles including engines or engine parts.

Automobile Wrecking Yard. An area that stores or dismantles salvaged vehicles.

Board of Directors. The Rodeo-Hercules Fire Protec tion District.

Board of Fire Commissioners. An advisory commission appointed by the Board of Directors to act as set forth in this ordinance and by resolutions of the Board of Directors.

Co
mbustible Material. R
ubbish, litter or
material of any kind other than hazardous vegetation
tha
t is combustible and endangers the public safety by creating a fire hazard as determined by the
fire code official.

Defensible Space. The area adjacent to a structure or dwelling as determined by the fire code official where wildfire prevention or protection practices are implemented to provide the key point of def ense from an approaching wildfire or to minimize the spread of a structure fire to wildlands or surrounding areas.

Driveway. A private roadway that provides access to no more than two (2) single-family dwellings.

F
ire Apparatus Access Road. A
road that provides fire apparatus access from a fire station to a fac
ility,
building or portion thereof. This is a general term that includes, but is not limited to a fi
re lane, public street, private street, driveway, parking lot lane, and access roadw ay .

Fire Code Official. The Fire Chief or a duly authorized representative, or other person as may be designated by law, appointment or delegation and charged with the administration and enforcement of this code .

Firebreak. A continuous strip of land upon and from which all combustible material hazardous vegetation or other growth has been removed to bare mineral soil to stop or prevent the extension of fire from one area to another.

Fire Trail. A graded firebreak of sufficient width, surface, and design to provide access for personnel and equipment to suppress and to assist in preventing a surface extension of fires. Must be able to support the safe travel of a Type 3 Fire Apparatus.

F
uel Break . A
strategically located block or strip, on which a cover of dense, heavy, or c
ombustible vegetation has been changed to one of lower fue l volume or reduced combustibility,
as
an aid to fire control. Fuel breaks require annual and recurring maintenance.

Haz
ardous Vegetation . V
egetation that is combustible and endangers the public safety by c
reating a fire hazard including but not limited t
o seasonal and recurrent grasses, weeds, stubble,
brus
h, dry leaves, dry needles, dead, dying or diseased trees and any other vegetation as de
termined by the fire code official.

Key
Box or Kn
ox Box. (
Underwriters Laboratory) UL "Listed" box s
ize and sty
le, approved by
the
Fire Code Official or designee , th
at meets the requirements and uses the same security key c
ode adopted by the Fire Dis
trict.

270
L
adder Fuel. F
uel that provides vertical continuity between surface fuel and canopy fuel strata, i
ncreasing t
he likelihood that fire will carry from surface fuel into the crowns of shrubs and trees.

Nuisance Fire Alarm. The activation of any fire protection or alarm system which results in the response of the Fire District and is caused by malfunction, improper maintenance, negligence, or misuse of the system by an owner, occupant, employee, or agent, or any other activation not caused by excessive he at, smoke, fire, or similar activating event.

O
rnamental Landscaping. Dec
orative plants growing within a tended garden or yard which are ap
propriately irrigated, ma
intained, an
d located to provide aesthetic decoration and functional uti
lity, such as privacy
screening, shade, weed suppression and erosion control. The use of fire - r
esistant plants and the removal of fire hazardous vegetation will enhance fire safety.

Person. Includes any agency of the county, city, district or other local public agency and any individual , firm, association, partnership, business trust, corporations, limited liability company, or company.

P
ublic Nuisance. A
declaration by the fire code official that the presence of combustible ma
terials on any parcel creates a fire hazard or threat to public safety (Health and Safety Code 14 875 and 14876) or any violation of this code.

Priority Hazard Zone. A
n area where the threat from wildfire is severe due to proximity to op
en space, topography, degree of space, density of homes and/or amount of vegetation (
native and ornamental), and/or other conditions favorable to fast moving fires.

Response Time. The elapsed time from receipt of call to the arrival of the first unit on scene.

Rubbish. Waste matter, litter, trash, refuse, debris, and dirt on streets or private property in the jurisdiction which is, or when dry may become, a fire hazard. See combustible material.

Rural Area. An area generally designated for agricultural or open space uses with parcels more than 10 acres (4.046873ha) in size.

Rural Residential Area. An area generally designated for single family residential use with parcels between three (1.2140619 ha) and 10 (4.046873 ha) acres in size.

Sprinkler Alarm and Supervisory System (SASS). A Dedicated Function Fire Alarm System located at the protected premise installed specifically to monitor sprinkler water - flow alarm, valve supervisory, and general trouble condit ions where a Building Fire Alarm is not required.

Streets. Includes alleys, parkways, driveways, sidewalks, and areas between sidewalks and curbs, highways, public right s of way, private road, paper street and easements.

Substantial Addition. The addition of new gross floor area exceeds fifty percent of the existing gross floor area and the tota l new gross floor area is 5,000 square feet or greater. (CCFPD, SRVFPD, RHFPD,)

Substantial Alteration. Where fifty percent or greater of the linear length of the wall of the building (exterior and interior) and fifty percent of the roof are removed or replaced within a one-year period.

Temporary Fire Department Access Road for Construction. An approved temporary roadway for emergency vehicle use during construction of residential subdivision projects.
271

Temporary Fire Department Access Road for Construction Of One (1) Residential (R3) Unit. A temporary roadway for emergency vehicle use during construction of an individual residential (R3) structure where a fire department access road is required as part of the project.

Temporary Water Supply. Water stored for firefighting purposes in an approved aboveground tank during combustible construction.

Tree Litter. Any limbs, bark, branches, and/or leaves in contact with other vegetation or left to gather on the ground.

Weeds. All weeds growing upon streets or private property in the jurisdiction, including any of the following:

1. Weeds that bear seeds of a fluffy nature or are subject to flight.

2. Sagebrush, chaparral (including Chamise, Coyote Brush/Greasewood, Brooms, and Buckwheat), and any other brush or weeds that attain such large growth as to become, when dry, a fire menace to adjacent improved property.

3. Weeds that are otherwise noxious or dangerous;

4. Poison oak and poison sumac when the conditions of growth constitute a menace to public health.

5. Dry grass, brush, tree litter, litter, or other flammable materials that endanger the public safety by creating a fire hazard.

Chapter 3. General Requirements.

S
ection 30

4.3.5 i
s added, to r
ead:

30 4.3.5 Clo
thes Dry
ers. Cl
othes d
ryers s
hall be fr
equently c
leaned to ma
intain the l
int tr
ap,
me
chanical and he
ating c
omponents, v
ent du
ct, and as
sociated eq
uipment fr
ee fr
om
ac
cumulations of l
int an
d c
ombustible ma
terials.

S
ection 30

8.1.4, E
xception 1 i
s amended to r
ead:

E
xception 1. Res
idential O
ccupancies.

S
ection 324 is ad
ded to Chap
ter 3, to r
ead:

S
ECTION 324 E
xterior F
ire Haz
ard Control.

32 4.1 S
ubsurface F
ires.

324.1.1 Pea
t F
ire. It is the duty of ea
ch pe
rson, fi
rm, c
orporation, or as
sociation n
ot to pe
rmit a
peat fi
re or a fi
re i
nvolving c
ombustible v
egetable ma
tters un
der the s
urface of the na
tural groun
d
to r
emain upon the prope
rty. It i
s he
reby de
clared that it is the duty of any pe
rson as he
rein
de
fined to tak
e al
l ne
cessary pre
cautions to ex
tinguish any s
ubsurface fi
re i
nvolving peat or
v
egetable ma
terial at the o
wner’s own c
ost and ex
pense.

32 4.1.2 Fire S
uppression Co
sts. If the
re ex
ists upon the l
ands or propert
y of any pe
rson as
he
rein de
fined a s
ubsurface fi
re i
nvolving the bu
rning or c
ombustion of peat, v
egetable ma
tter, or
v
egetation, and the owne
r or oc
cupant the
reof ha
s not tak
en r
easonable p
recautions wi
thin a
r
easonable t
ime to ex
tinguish or mi
nimize s
uch fi
re or c
ombustion, the
Fire District m
ay, i
n
ad
dition to i
ts r
egular du
ties to ex
tinguish or mi
nimize s
uch fi
re or c
ombustion, go upon t
he l
ands
of a
ny pe
rson as
he
rein de
fined and ex
tinguish s
uch fi
re or c
ombustion. A
ny c
osts i
ncurred by
the F
ire Di
strict in fi
ghting the fi
re and for the c
ost of prov
ing r
escue or em
ergency me
dical
s
ervices s
hall be a c
harge ag
ainst the proper
ty o
wner. T
he c
harge s
hall c
onstitute a debt of
th
e
272
prope
rty owne
r and is c
ollectable by the j
urisdiction i
ncurring tho
se c
osts in the s
ame manner as
in th
e c
ase of an
ob
ligation under a c
ontract, e
xpress or i
mplied. (
See Heal
th and S
afety Code
,
§13009.)

S
ection 325 is ad
ded to Chap
ter 3, to r
ead:

S
ECTION 325 Automobile W
recking Y
ards.

32 5.1 G
eneral. T
he op
eration of automobil
e wr
ecking y
ards s
hall be i
n ac
cordance wi
th thi
s
s
ection.

32 5.2 Definitions. T
he fol
lowing term
s are de
fined in Chap
ter 2:

Au
tomobile Dis
mantling
Au
tomobile W
recking Yar
d

32 5.3 Requ
irements.

32 5.3.1 P
ermits. An op
erational fi
re c
ode pe
rmit is r
equired as i
n S
ection 105.6.53.

32 5.3.2 Fire Ap
paratus A
ccess Ro
ads. F
ire ap
paratus ac
cess r
oads s
hall be c
onstructed

throug
hout the s
ite in ac
cordance wi
th thi
s c
ode and s
hall be
ma
intained c
lear of al
l v
ehicles
and s
tored i
tems.

325.3.3 Wel
ding an
d c
utting. W
elding and c
utting o
perations s
hall be c
onducted i
n an
ap
proved l
ocation, c
lear of al
l fl
ammable l
iquids and c
ombustible ma
terials, i
ncluding weed
s,
ti
res, and al
l other de
bris.

32 5.3.4 Ho
usekeeping. Comb
ustible r
ubbish a
ccumulated on
site s
hall b
e c
ollected and s
tored
i
n ap
proved c
ontainers, r
ooms, or v
aults of no
ncombustible ma
terials. Comb
ustible v
egetation,
c
ut or un
cut, s
hall be r
emoved when de
termined by th
e fi
re c
ode off
icial to be a fi
re ha
zard.

32 5.3.5 F
ire P
rotection. O
ffices, s
torage bu
ildings, and v
ehicles us
ed for s
ite op
erations
s
hall ea
ch be prov
ided wi
th at l
east one po
rtable fi
re ex
tinguisher w
ith no
t l
ess than a 4-A:
40-B-C r
ating. W
hen r
equired by the fi
re c
ode of
ficial, ad
ditional fi
re e
xtinguishers s
hall be
pro
vided.

32 5.3.6 T
ire st
orage. T
ires s
hall be s
tored in r
acks or in a ma
nner as ap
proved by the fi
re c
ode
off
icial.

32 5.3.6.1 Distan
ce f
rom W
ater S
upply. T
ire s
torage s
hall be l
ocated on-s
ite and no further
than 5
00 feet fr
om a fi
re hy
drant or an ap
proved wate
r s
upply as
d
etermined by th
e fi
re c
ode
off
icial.

32 5.3.7 S
torage P
iles. S
torage pi
les s
hall be l
ocated a mi
nimum of 20
feet fr
om propert
y
l
ines and s
hall ha
ve an un
obstructed a
ccess r
oad on al
l s
ides of not l
ess than 20 feet.

32 5.3.8 Bu
rning o
perations. T
he bu
rning of s
alvaged v
ehicles and s
alvaged or was
te
ma
terials is prohi
bited.

32 5.3.9 Mot
or ve
hicle f
luids. Mo
tor v
ehicle fl
uid s
hall be drai
ned from s
alvaged v
ehicles
when s
uch l
iquids are l
eaking onto th
e ground and prio
r to di
smantling or r
emoving
en
gine/motor pa
rts.

325.3.9.1
Mitigation of lea
king f
luids. P
recautions s
hall be tak
en to prev
ent fl
uids f
rom
s
alvaged v
ehicles fr
om l
eaking onto the ground
. S
upplies or eq
uipment c
apable of mi
tigating
l
eaks fr
om fu
el tan
ks, c
rankcases, b
rake s
ystems, and tr
ansmissions s
hall be k
ept av
ailable on
s
ite. S
ingle-us
e pl
ugs, di
king, and ab
sorbent ma
terials s
hall be di
sposed of as ha
zardous was
te
and r
emoved fr
om th
e s
ite i
n a manner in ac
cordance wi
th fed
eral, s
tate, and l
ocal
273
r
equirements.

32 5.3.10 F
uel t
anks. F
uel tan
ks of s
alvaged v
ehicles s
hall be e
mptied of al
l fl
ammable
(
gasoline, di
esel) fue
ls in an ap
proved m
anner an
d s
tored i
n ap
proved tan
ks.

3 25.3.10.1 Repair of ve
hicle f
uel t
anks. T
he r
epair of f
uel tan
ks, i
ncluding c
utting, wel
ding, or
dril
ling of any k
ind, i
s prohi
bited.

32 5.3.11 L
ead acid batteries. Lead ac
id ba
tteries s
hall be r
emoved fr
om al
l s
alvaged v
ehicles
and s
tored i
n an ap
proved manner in a l
ocation ap
proved by the fi
re c
ode off
icial.

Chapter 4. Emergency Planning and Preparedness.

S
ection 401.5.1 is added to read:

40 1.5.1 Nuisance Fire Al
arm. A
fee may be charged for false and/or n
uisance fire alarms in
ac
cordance with the fee
schedule adopted by the Board of Directors.

S
ection 401.10 is added to read:

40 1.10 Aerial Pre-P
lans. F
or all new construction the fire official is author
ized to require a fire
ae
rial pre-pl
an to be prepared by an approved vendor at the cost of the developer.

S
ection 403.

11.1 i
s amended to
read:

403.11.1 S
tandby Personnel. W
here, in the opinion of the fire code official or Fire Chief, it is es
sential for public safety in a place of assembly, or any other place where people congregate, be
cause of the number of persons, or the nature of the performance, exhibition, display, c on test, or
ac
tivity, the owner, agent, or lessee shall provide standby personnel as required and approved by the
fire code official or Fire Chief. If the activity requires fire watch, fire watch shall be provided in ac
cordance with Sections 403.11.1.1 and 403.11.1.

2. Standby personnel needed for EMS standby
s
hall be provided in accordance with Contra Costa County EMS Protocols.

Chapter 5. Fire Service Features.

Section 503.1.4 is added to read:

503.1.4 Access to open spaces. When access to open land/space or fire trail systems maintained for public or private use is obstructed by new development of any kind, the developer shall provide alternate acceptable access into the area that is sufficient to allow access for fire personnel and apparatus. The alternate means of access requires the approval of the fire code official.

Section 503.1.5 is added to read:

503.1.5 Existing fire trail systems shall be maintained. When conditions make maintenance of existing trails impractical, alternate means of access shall be provided and requires approval by fire code official.

S
ection 50

3.2.1 i
s amended by ad
ding t
he fol
lowing ex
ception:

E
xception: A driv
eway wi
th a mi
nimum wi
dth of 16 fe
et i
s ac
ceptable for a
ccess to
one or
two s
ingle- fam
ily dwel
lings.

S
ection 505.3 is added, to r
ead:

50 5.3 S
treet n
ames an
d addressing. S
treet names a
nd ad
dressing s
hall be s
ubmitted for
r
eview and ap
proval to the fi
re c
ode off
icial, who
se ap
proval wi
ll no
t be un
reasonably
wi
thheld. T
he pu
rpose of th
e r
eview is to v
erify that ne
w street names and ad
dressing wi
ll
274
not du
plicate e
xisting s
treet names and ad
dressing.

Chapter 6. Building Services and Systems.

S
ection 60

5.3.1 is added to read:

60 5.3.1 Spark Arrestors. A
ll Chimneys attached to any appliance or fireplace that burns solid fuel s
hall be equipped with an approved spark arrestor per CBC 2113.9.2.

Ch
apter 9. Fire Protection and
L
ife Safety S
ystems.

S
ection 901.6.3 i
s amended to r
ead:

90 1.6.3 Re
cords.

Records of all system inspections, tests, and maintenance required by the r
eference standards shall be submitted to a third party electronic record keeping service as chosen by
the fire district.

S
ection 902.1 is amended to add:

S
UBSTANTIAL ADDITION. T
he addition of new gross floor area exceeds fifty percent of the existing gros
s floor area and the total new gross floor area is 5,000 square feet or gr eater.

S
UBSTANTIAL ALTERATION. W
here fifty percent or greater of the linear length of the wal l of the
bu
ilding (exterior and interior) and fifty percent of the roof are removed or replaced within a one-y ear
pe
riod.

S
ection 903.2.1.1 is amended to read:

90 3.2.1.1 Group A-1. A
n automatic sprinkler system shall be provided throughout stories containing G
roup
A-1
occupancies and throughout all stories from the Group A-1 occupancy to and including the levels
of
exit discharge serving that occupancy where one of the following cond itions exists:

1. T
he fire area exceeds 5,000 square feet.

2. T
he fire area has an occupant load of 300 or more.

3. T
he fire area is located on a floor other than a level of exit discharge serving such oc
cupancies.

4. T
he fire area contains a multi-thea
ter complex.

S
ection 903.2.1.3 is amended to read:

90 3.2.1.3 G
roup A-3. A
n automatic sprinkler system shall be provided throughout stories containing G
roup A-3
occupancies and throughout all stories from the Group A -3 occupancy to and including
the
levels of exit discharge serving that occupancy where one of the following con di tions exists:

1. T
he fire area exceeds 5,000 square feet.

2. T
he fire area has an occupant load of 300 or more.

3. T
he fire area is located on a floor other than a level of exit discharge serving such oc
cupancies.

4. T
he structure exceeds 10,000 squa r
e feet, contains more than one fire area containing
ex
hibition and display rooms, and is separated into two or more buildings by fire walls of less tha
n 4-ho
ur fire resistance rating without openings.

S
ection 903.2.1.4 is amended to read:

90 3.2.1.4 G
rou
p A-4.

An automatic sprinkler system shall be provided throughout stories containing G
roup A-4
occupancies and throughout all stories from the Group A -4 occupancy to and including
the
levels of exit discharge serving that occupancy where one of the followi ng conditions exists:
275

1. T
he fire area exceeds 5,000 square feet

2. T
he fire area has an occupant load of 300 or more.

3. T
he fire area is located on a floor other than a level of exit discharge serving such oc
cupancies.

S
ection 903.2.2 is amended in its entirety, to read:

S
ection 903.2.2 Group B.

An automatic sprinkler system shall be provided for Group B occupancies an
d intervening floors of the building where the fire area exceeds 5,000 square feet.

S
ection 903.2.2. 1
Ambulatory care facilities. A
n automatic sprinkler system shall be installed
throug
hout the entire floor containing an ambulatory care facility where either of the following c
onditions exist at any time:

1. Four or more care recipients are incapable of sel
f-p
reservation.

2. One or more care recipients that are incapable of self -pres ervation are located at other
tha
n the level of exit discharge serving such a facility.

3. In
buildings where ambulatory care is provided on levels other than the level of exit di
scharge, an automatic sprinkler system shall be installed throughout the entire floor as well as
all floors below where such care is provided, and all floors between the level of ambulatory
c
are and the nearest level of exit discharge, the level of exit discharge, and all floors below the
level of exit discharge.

E
xception:

Floors classified as an open parking garage are not required to be s
prinklered.

S
ection 903.2.3 i
s amended to read:

90 3.2.3 G
roup E.

An automatic sprinkler system shall be provided for new Group E occupancies as fol
lows:

1. T
hroughout all Group E fire areas greater than 2,
000 s
quare feet in area.

E
xception:

An automatic sprinkler system is not requir
ed in any Group E Day Care
F
acility less than 5,000 square feet.

2. T
he Group E fire area is located on a floor other than a level of exit discharge serving s
uch occupancies.

E
xception:

In buildings where every classroom has not fewer than one exterior exi
t door at ground level, an automatic sprinkler system is not required in any area be
low the lowest level of exit discharge serving that area.

3. T
he Group E fire area has an occupant load of 300 or more.

4. In
rooms or areas with special hazards such as l
aboratories, vocational shops, and. other
s
uch areas where hazardous materials in quantities not exceeding the maximum allowable qu
antity are used or stored.

5. T
hroughout any Group E structure greater than 4,
000 s
quare feet in area, which contains
mo
re tha
n one fire area, and which is separated into two or more buildings by fire walls of l
ess than 4hour fire resistance rating without openings.

6. F
or public school state-f
unded construction projects, see Section 903.2.19.

7. F
or public school campuses, K
indergarten through 12th grade, see Section 903.2.20.

S
ection 903.2.4. i
s amended in its entirety, to read:

90 3.2.4 G
roup F -1.

An automatic sprinkler system shall be provided throughout all buildings c
ontaining a Group F-1
occupancy where one of the following c
onditions exists:

1. A
Group F-1 f
ire area exceeds 5,000 square feet.

2. A
Group F-1 f
ire area is located more than thre
e stories above grade plane.

3. T
he combined area of all Group F -1
fire areas on all floors, including any mezzanines,
ex
ceeds 10,000 s
quare feet.

4. A
Group F-1
occupancy used for the manufacture o
f upholstered furniture or mattresses
ex
ceeding 2,500 s
quare feet (232 m2) .
276

S
ection 903.2.4.4 i
s ad
ded to
read:

90 3.2.4.4 G
roup F -2.

An automatic sprinkler system shall be provided throughout all buildings c
ontaining a Group F-2
occupancy greater than 5,000 square feet.

S
ection 903.2.7 is amended to read

903.

2.7 G
roup M.

An automatic sprinkler system shall be provided throughout buil dings containing
a Gr
oup M occupancy where one of the following conditions exists:

1. A
Group M fire area exceeds 5,000 square feet.

2. A
Group M fire area is located more than three stories above grade plane.

3. T
he combined area of all Group M f
ire areas on all floors, including any mezzanines,
ex
ceeds 10,
000 s
quare feet.

4. A
Group M occupancy (is) used for the display and sale of upholstered furniture or ma
ttresses exceeds 5,000 square feet.

5. T
he structure exceeds 10,00
0 s
quare feet, contains mo
re than one fire area containing
a
Group M occupancy, and is separated into two or more buildings by fire walls of less tha
n 4-ho
ur fireresistance rating without openings.

S
ection 903.2.8 is amended to read:

90 3.2.8 Group R.

An automatic sprinkler sy
stem installed in accordance with Section 903.3 shall be prov
ided throughout all Group R occupancies . A
n automatic sprinkler system shall be installed in
ne
w manufactured ho
mes, new m
obile homes , an
d multifamily manufactured homes with two
dwel
ling units, i
ncluding those located in mobile home parks, in accordance with Title 25 of the Cal
ifornia Code of Regulations.

S
ection 903.2.8.1.1 is added, to read:

90 3.2.8.1.1 Group R -3
Substantial Addition or Alteration .

An automatic sprinkler system shall
be prov
ided throughout all existing Group R-3 d
wellings where either of the following occurs:

1. S
ubstantial Addition.

The addition of new gross floor area exceeds fifty percent of the existing gros
s floor area and the total new gross floor area is 3,
600 sq
uare feet or gr
eater.

2. Substantial Alteration. Where fifty percent or grea ter of the linear length of the wall of the
bu
ilding (exterior and interior) and fifty percent of the roof are removed or replaced within a one- y
ear period.

S
ection 903.2.9 is amended to read:

90 3.2.9 G
roup S -1.

An automatic sprinkler system shall be pr ov
ided throughout all buildings
c
ontaining a Group S-1
occupancy where one of the following conditions exists:

1. A
Group S-1
fire area exceeds 5,000 square feet.

2. A
Group S-1
fire area is located more than three stories above grade plane.

3. T
he combine d
area of all Group S -1
fire areas on all floors, including any mezzanines,
ex
ceeds 10,000 square feet.

4. A
Group S-1
occupancy used for the storage of commercial motor vehicles where the fire area e
xceeds 5,000 square feet.

S
ection 903.2.9.1 is amended to read:

90 3.2.9.1 Repai
r garages. A
n automatic sprinkler system shall be provided throughout all buildings us
ed as repair ga
rages in accordance with Section 406.8 of the California Building Code, as shown:

1. B
uildings having two or more stories above grade plane, including basements, with a fire 277
area c
ontaining a repair garage exceeding 5,000 square feet.

2. B
uildings not mo r
e than one story above grade plane, with a fire area containing a repair ga
rage exceeding 5,000 square feet.

3. B
uildings with repair garages servicing vehicles parked in basements.

4. A Group S-1
fire area used for the repair of commercial motor vehicles wh ere the fire area
ex
ceeds 5,000 square feet or any tenant improvement to the structure exceeds 49% of the S - 1 a
rea.

S
ection 903.2.10 i
s amended to read:

90 3.2.10 G
roup S-2
parking garages.

An automatic sprinkler system shall be provided thro
ughout
bu
ildings classified as parking garages where any of the following conditions exists:

1. W
here the fire area of the enclosed parking garage, in accordance with Section 406.6 of the Cal
ifornia Building Code, exceeds 5,000 square feet.

2. W
here th e
enclosed parking garage, in accordance with Section 406.6 of the California B
uilding Code, is located beneath other groups.

E
xception: E
nclosed parking garages located beneath Group R-3 o
ccupancies.

3. W
here the fire area of the open parking garage, i n
accordance with Section 406.5 of the
Cal
ifornia Building Code, exceeds 48,000 square feet.

S
ection 903.2.10.3 is ad
ded to
read:

90 3.2.10.3 Group S -2
low hazard storage .

An automatic sprinkler system shall be provided
throug
hout all buildings containing a
Group S-2 o
ccupancy exceeding 5,000 square feet.

S
ection 903.2.11.7 is ad
ded to
read:

90 3.2.11.7 High -p
iled storage .

An au
tomatic sprinkler system shall be provided throughout
bu
ildings containing high-pi
le combustible storage.

E
xception:

An automatic sprinkler system is not required for 500 square feet or less, i
ncluding aisles, of high-pi
led storage.

S
ection 903.2.22 is a
dded, to read:

S
ection 903.2.22 Fi
re department delivery capability.

An automatic fire sprinkler shall be installed
i
n all new buildings and occupancies or in existing buildings or structures that change occupancy c
lassification or use, when the requir
ed fire flow exceeds 2,000 gallons per minute

S
ection 903.3.1.1.4 i
s added, to read:

90 3.3.1.1.4 Un
declared Use.

In buildings of undeclared use with floor to structure height greater tha
n 14 feet, the fire sprinkler system shall be designed to conform to Extra Hazard Group I design de
nsity. In buildings of undeclared use with floor to structure height less than .14 f eet, the fire
s
prinkler system shall be designed to conform to Ordinary Group II design density. Where a s
ubsequent occupancy requires a system with greater capability, it shall be the responsibility of the owne
r a
nd/or the occupant to upgrade the system.

S
ection 903.3.1.3.1 is added to read:

90 3.3.1.3.1 P
ipe limitations .

Where CPVC pipe is installed above the insulation or is otherwise l
ocated in an unconditioned space, such as in an attic space, or a garage without conditioned living s
pace
above, CPVC pipe shall be adequately insulated to a minimum R -1 9 value, or equivalent, or
pi
pe shall be limited to Type K or L copper, or ferrous piping.

S
ection 903.3.5.3 is added, to read:
278

90 3.3.5.3 Non -p
ermissible water supply storage .

Swimming poo l
s and ponds shall not be
c
onsidered water storage for the purposes of Section 903.3.5.

S
ection 90

3.3.9 i
s amended to read:

90 3.3.9. Floor control valves .

Individual floor control valves and wat
er flow de
tection assemblies
s
hall be provided for each floor i
n multi-fl
oor buildings at an approved location.

E
xception: G
roup R-3 a
nd R-3.1
Occupancies.

S
ection 903.4.2 is amended to read:

90 3.4.2 Alarms.

One approved audible and visual device shall be connected to every automatic s
prinkler system at an approved location. Such sprinkler water-fl ow alarm devices shall be activated
by
water flow equivalent to the flow of a single sprinkler of the smallest orifice size installed in the
s
ystem. Audible and visual alarm devices shall be provided on the exterior of the building in an ap
proved location. Where a fire alarm system is installed, actuation of the automatic sprinkler system s
hall actuate t
he building fire alarm system.

S
ection 903.6.1 is added, to read:

90 3.6.1 S
ubstantial ad
dition o
r e xp
ansion.

An automatic sprinkler system shall be provided
throug
hout all existing R-3
Occupancy bu
ildings where a substantial addition occurs and the total ne
w gr
oss floor area of the structure exceeds 5,000 square feet. Group R-3 s ubs
tantial additions or
al
terations s
hall comply with Section 903.2.8.1.1.

S
ection 903.6.2 i
s added, to read:

90 3.6.2 Ch
ange of occupancy classif ic
ation. A
ny existing building that undergoes a change of
oc
cupancy classification into a higher hazard category shall comply with the requirements of Section 90 3.2. Relative hazard categories of occupancy groups shall be established based upon the Heights an
d Areas Hazard Categories of Table 1011.5 of the current edition of the International Existing B
uilding Code, as published by the International Code Council. The requirements of Section 903.2 s
hall not be required when a change of occupancy classification is made to an equal or lesser hazard
c
ategory. Group L occupancies shall be considered a relative hazard of 1 (highest hazard).

S
ection 907.4.4 is added, to read:

90 7.4.4 Monitoring of other fire systems .

In buildings equipped wi t
h a fire alarm system or
s
prinkler alarm and supervisory service (SASS) system, where other fire suppression or ex
tinguishing systems are installed in the building (including, but not limited to commercial kitchen s
uppression systems, pre-ac
tion fire suppr
ession systems, dry chemical systems, and clean agent
s
ystems), the
se other suppression systems s
hall be monitored by the SASS dedicated function fire
al
arm system and transmitted as a specific signal to the Central Station. The system shall be mo
nitored i
n compliance with Section 907.6.6.

S
ection 907.5.2.3.1 is amended to read:

90 7.5.2.

3.1 P
ublic and common areas .

Visible alarm notification appliances shall be provided in pu
blic use areas and common use areas, including but not limited to:

1. S
anitary fac
ilities including restrooms, bathrooms, shower rooms, and locker rooms.

2. Cor
ridors, hallways, and aisles with shelving and/or fixtures obstructing the required light i
ntensity for that area.

3. Mu
sic practice rooms.

4. B
and rooms.
279

5. G
ymnasiums.

6. Mul
tipurpose rooms.

7. O
ccupational shops.

8. O
ccupied rooms where ambient noise impairs hearing of the fire alarm.

9. Lo
bbies.

10. M
eeting/Conference rooms.

11. C
lassrooms.

12. M
edical exam rooms.

13. O
pen office areas.

14. S
ales floor areas.

15. B
reak or lun
ch rooms

16. C
opy or work rooms.

17. C
omputer server rooms exceeding 200 sq. ft.

18. F
ile or Storage rooms exceeding 200 sq. ft.

S
ection 907.6.6 is amended to read:

90 7.6.6 Mon
itoring of fire alarm systems.

A fire alarm system required by this c
hapter, or by the California
B
uilding Code, shall be monitored by a UL -l
isted Central Station service in accordance with NFPA 72 and thi
s code.

E
xception: Mo
nitoring by a UL-l
isted central station is not required for:

1. S
ingle- an
d multiple-s
tation smoke
alarms required by Section 907.2.10.

2. G
roup 1-3 o
ccupancies shall be monitored in accordance with Section 907.2.6.3.

3. Res
idential Day Care Facilities (occupancy load of 14 or less).

4. O
ne- a
nd two-fa
mily dwellings.

5. Res
idential Care Facilities licen
sed by the state with an occupant load of 6 or less.

6. O
ccupancies with l
ocal
fire alarm system that will give an audible and visible signal at a c
onstantly attended location, as approved by the Fire Code Official.

S
ection 907.6.7 is added, to read:

90 7.6.7 Certification.

New fire alarm systems shall be UL-Cer
tified. A Certificate of Completion and
oth
er documentation as listed in NFPA 72 shall be provided for all new fire alarm system installations.

It
is the responsibility of the building owner or own
er's representative to obtain and maintain a current
an
d valid Certificate.

S
ection 907.6.7.1 is added, to read:

90 7.6.7.1 Posting of Certificate.

The UL Certificate shall be posted in a durable transparent cover wi
thin three feet of the fire alarm co
ntrol panel within 45 days of the final acceptance test/inspection.

Ch
apter 10. Means of Egress.

S
ection 1028.5.1 is added, to read:

10 28.5.1 Exit discharge surface .

Exterior exit pathway surfaces shall be suitable for pedestrian us
e in inclement weath er, an
d shall terminate at a public way as defined in the California Building Code.

Chapter 33. Fire Safety During Construction and Demolition.

S
ection 3303.1.2 is added to read:

33 03.1.2 Amen
dments. Ame
ndments may
be required to an approved site safety plan if deemed
ne
cessary by both the building official and fire official, based on previous fires or hazards that oc
curred on
site or within the jurisdiction.
280

S
ection 3303.1.3 is added to read:

33 03.1.3 Site Security requirements. S
ite security requirements ha
ll include the following if
de
emed necessary by both the building off
icial and fire official:

1. Controlled access points

2. Site fencing, up to 12 feet in height with tamper sensor s and security wires on top

3. Security guards, full-t
ime 24/7 presence on-s
ite, to perform fire watch and patrols

4. Detection check points located throughout the
buildings for fire watch and patrol
v
erification

5. Security camera coverage thr
oughout the
site with motion detection notifications

6. Identify measures taken to prevent ta
mpering with security c
ameras and motion sensors

7. Necessary lighting throughout the
project site

S
ection 3319 Asbestos Removal is added to read as
follows:

33 19.1 General. O
perations involving removal of asbestos or asbestos-c
ontaining materials from
bu
ildings shall be in accordance with Section 3319.

E
xception: S
ection 3319 does not apply to the removal of asbestos from:

1. P
umps, valves, ga
skets, a
nd similar equipment.

2. P
ipes, ducts, gi
rders, or be
ams that have a length less than 21 linear feet (6400
mm
).

3. W
all or ceiling panels that have an area of less than 10 square feet (0.93 m2) or a di
mension of less than 10 linear fe
et (3048 mm).

4. F
loor tiles when their removal can be completed in less than four hours.

5. G
roup R-3 o
ccupancies.

33 19.2 Notification. T
he fire code official shall be notified 24 hours prior to the commencement an
d closure of asbestos-r
emoval operations
. The permit applicant shall notify the building official when
asbestos abatement involves the removal of materials that were used as a feature of the bu
ilding's fire resistance.

33 19.3 Plastic Film. P
lastic film that is installed on building elements shal l be flame resistant as
r
equired for combustible decorative material, in accordance with Section 807.

33 19.4 Signs. A
pproved signs shall be posted at the entrance, exit and exit-ac cess door,
de
contamination areas and waste disposal areas for asbestos-r emoval operations. The signs shall
s
tate that asbestos is being removed from the area, that asbestos is a suspected carcinogen, and tha
t proper respiratory protection is required. Signs shall have a reflective surface. Lettering shall be
a minimum of2 i
nches (51 mm) high.

Ch
apter 50. Hazardous Materials - G
eneral Provisions.

S
ection 5001.5.1 i
s ame
nded t
o add i
tems n
umbered 10
& 11 to
read as follows:

10 . Fire Department related safety equipment
A. F
ire alarm control panel (
FACP)
B. S
prinkler riser
C. F
ire department connection (FDC)
D. K
nox Box location
E. G
as valve shutoff
F. E
lectrical main shutoff
G. W
ater shutoff
H. E
levator equipment room
281

11 . A Site Fire/Explosion/Hazardous Material Release Analysis Assessment. A Fire Protection E
ngineer (
FPE) stamped risk assessment is required for each possible hazard risk associated with fi
re, explosion, smoke, and toxicity associated with the possible incident at a facility that is identified as
a bulk transfer/process/storage facility. Refer to NFPA 550 & 551 for references.

S
ection 5001.5.
3 is added to read:

50 01.5.3 Emergency response support information. F
loor plans, material safety data sheets,
Haz
ardous Materials Management Plans (HMMP), Hazardous Material Inventory Statements (
HMIS), and other
information must be stored at a readily accessible location; as determined by the fi
re code official. This location may be in cabinets. located outside of facilities or buildings.

Inf
ormation may be required to be maintained in a specific electronic medi a format to facilitate
c
omputer aided dispatching.

S
ection 5003.9.1.2
is added to read:

50 03.9.1.2 Documentation. E
vidence of compliance with provisions of this chapter as well as with s
tate and federal hazardous material regulations shall be maintained on site and available for i
nspection by fire department personnel.

Ch
apter 56
. Explosives a
nd F
ireworks.

S
ection 5601.1.3 is amended to read as follows:

56 01.1.3 Fireworks. T
he possession, manufacture, storage, sale, handling a
nd use of fireworks
are proh
ibited wi
thin the j
urisdiction of
the District.

E
xceptions:

1. S
torage and handling of fireworks by a Public Safety Agency.

2. T
he use of fireworks for fireworks displays pyrotechnics before a proximate audience an
d pyrotechnic s
pecial effects in motion pictures, television, theatrical or group en
tertainment productions as allowed in Title 19, Division 1, Chapter 6 Fireworks r
eprinted in Section 5608 and Health and Safety Code Division 11.

3. S
nap Caps and Party Poppers clas
sified by the State Fire Marshal as pyrotechnic
de
vices.

S
ection 5601.2.2 is amended to read as follows:

56 01.2.2 Sale and retail display. No p
erson shall construct a retail display or offer for sale any ex
plosives, explosive materials, or fireworks with
in the jurisdiction. Exception: Snap Caps and
P
arty Poppers classified by the State Fire Marshal as pyrotechnic devices.

S
ection 5601.2.4 is amended to read as follows:

56 01.2.4 Financial responsibility. B
efore a permit is issued pursuant to Section 5601
.2, the
ap
plicant shall file with the jurisdiction a corporate surety bond in the principal sum of $2,000,000 or a pu
blic liability insurance policy for the same amount, for the purpose of the payment of all da
mages to persons or property which arise from,
or are caused by, the conduct of any act
au
thorized by the permit upon which any judicial judgment results. The fire code official is au
thorized to specify a greater or lesser amount when, in his or her opinion, conditions at the l
ocation of use indicate a
greater or lesser amount is required. Government entities shall be ex
empt from this bond requirement.

E
xception: Fi
reworks in accordance with California Code of Regulations, Title 19, Division 1,
Chapter 6. See Section 5608.

282

Ch
apter 57. Flammable and Co
mbustible Liquids.

S
ection 5703.3.1 is added to read:

57 03.3.1 Facility site Fire/Explosion/Hazardous Material Release Analysis Assessment . A

F
ire Protection Engineer (FPE) stamped risk assessment is required for each possible hazard risk as
sociated with fire, explosion, smoke, and toxicity associated with the possible incident at a facility tha
t is identified as a bulk transfer/process/storage facility whe n required by the fire official. R
efer
to
NFPA 550 & 551 for references.

S
ection 5704.2.9.6.1 is amended to read as follows:

S
ection 5704.2.9.6.1 Locations where above-g
round tanks are prohibited. T
he storage of
Cl
ass I and II liquids in above-ground
tanks outside of buildings is prohibited in all zoning districts ex
cept distri
cts zoned for commercial, industrial, or agricultural uses.

E
xception: P
rotected above-groun
d tanks for the purpose of emergency power generator
i
nstallations in areas zoned commercial, industrial, agricultural, business district, rural or r
ural residenti
al, and for facilities on an individual basis consistent with the intent of this prov
ision. T
ank size shall not exceed 1,0
00 gallons for any class of liquids.

S
ection 5706.2.4.4 is amended to read:

S
ection 5706.2.4.4 Locations where above-g
round tanks a
re prohibited. S
torage of Class I
an
d II liquids in above-gro
und tanks is prohibited in all zoning districts except district zoned for c
ommercial, industrial, or agricultural uses.

E
xception: P
rotected above-groun
d tanks for the purpose of emergency power
generator
i
nstallations in areas zoned commercial, industrial, agricultural, business district, rural or r
ural residential, and for facilities on an individual basis consistent with the intent of this prov
ision. T
ank size shall not exceed 1,000 gallons for
any class liquids.

Ch
apter 58. Flammable Gasses and Flammable Cryogenic Fluids

S
ection 5806.2 is amended to read as follows:

58 06.2 Limitations. T
he storage of flammable cryogenic fluids in stationary containers outside of buildings i
s prohibited in an
y area which is zoned for other than industrial use.

E
xception: L
iquid hydrogen fuel systems in compliance with Section 5806.3 or 5806.4.

Ch
apter 61. Liquefied Petroleum Gases.

S
ection 6103.2.1.7 is amended to read:

61 03.2.1.7 Use for food preparation. Ind
ividual portable L-P
containers used, stored, or handled
i
nside a building classified as a Group A, Group B, or Group M occupancy for the purposes of c
ooking, food display, or a
similar use, shall be limited in size to one quart capacity and shall be of an
approved type. The number of portable containers permitted will be at the discretion of the fire c
ode official. LP-g
as appliances used for food preparation shall be listed for s uch use in
ac
cordance with the California Mechanical Code and NFPA 58.

S
ection 6104.2 is amended to read:

61 04.2 Maximum capacity within established limits. T
he storage of liquefied petroleum gas is
prohi
bited in any central business district and in al
l zoning districts except districts zoned for
283
c
ommercial, industrial, rural, or agricultural uses. The aggregate capacity of any one installation us
ed for the storage of liquefied petroleum gas shall not exceed a water capacity of 2,000 gallons (
7570 L).

Ch
apter 80. Referenced Standards.

Chap
ter 80 is amended by adding the following referenced standards:

NF
PA 3 (2021): Recom
mended Practice for Commissioning of Fire Protection and Life S
afety Systems

NF
PA 850 (2020): R
ecommended Practice for Fire Protection for Electric Generating Plants and
High Voltage Direct Current Converter Stations.

Chap
ter 80 i
s further amended by amending the NFPA 13D (2022)
(Standard for the Installation of
S
prinkler Systems in One- an
d Two-F
amily Dwellings and Manufactured Homes) standard as follows:

S
ection 7
.7.1 is added, to read:

7.7.1 W
here CPVC pipe is installed above the normal insulation in an unconditioned space, such as
in an attic space, or a garage without conditioned living space above, CPVC pipe shall be ad
equately insulated to a minimu
m R-19
value, or equivalent, or pipe shall be limited to Type K or L c
opper, or ferrous piping.

S
ection 8.3.5.1.2 is amended to read:

8.3 .5.1.2 W
here fuel-fi
red equipment is below or on the same level as occupied areas of the dwel
ling unit, at least one q
uick-r
esponse intermediate temperature sprinkler shall be installed ab
ove the equipment or at the wall separating the space with the fuel-f ired equipment from the
oc
cupied space. In unconditioned spaces, CPVC pipe shall be adequately insulated to a minim um R-19
value, or equivalent, or pipe shall be limited to Type K or L c opper, or ferrous piping.

Appendix B. Fire-Flow Requirements for Buildings.

Table B105.2 is amended to read:

TABLE B105.2

REQUIRED FIRE-FLOW FOR BUILDINGS OTHER THAN ONE- AND
TWO-FAMILY DWELLINGS, GROUP R-3 AND R-4 BUILDINGS AND TOWNHOUSES

AUTOMATIC SPRINKLER

SYSTEM (DESIGN STANDARD)

MINIMUM FIRE-FLOW
(GALLONS PER MINUTE)

FLOW DURATION
(HOURS)
No automatic sprinkler system Value in Table B105.1(2) Duration in Table B105.1(2) Section 903.3.1.1 of the California
Fire Code
50% of the value in Table
B105.1(2)a
Duration in Table B105.1(2) at the
reduced flow rate
S
ection 903.3.1.2 of t
he C
alifornia Fire
C
ode
50 % of the v
alue in T
able
B
105.1(2)a
Dur
ation in T
able B
105.1(2) at the

r
educed flow rate
F
or SI: 1 ga
llon per m
inute= 3.785 L
im
a. T
he r
educed fi
re-f
low s
hall be not l
ess th
an 1,5
00 g
allons per m
inute.

Appendix C. Fire Hydrant Locations and Distribution.

T
able C1

02.1 is am
ended as f
ollows:

T
he ti
tle of T
able C102.1 is am
ended to r
ead: T
ABLE C102.1 REQUIRED NUMBER AND
284
S
PACING OF FIRE HYDRANTS (footnotes h
and j)
T
he he
ading of the fo
urth c
olumn of T
able C1

02.1 is a
mended to r
ead:

MAX
IMUM D

ISTANCE F

ROM ANY P

OINT ON S

TREET OR RO

AD FRONTAGE TO A
H

YDRANT (
d, f, g, i)

F
ootnotes "
i" and "j" are a
dded to T
able C1

02.1, to r
ead:

i. A fi
re hy
drant shall be pr
ovided within 250 feet of a fi
re tr
ail access point
off a p
ublic or private street.

j. F
or i
nfill projects within e
xisting s
ingle-f
amily residential developments,
S
ection 5

07.5.1 ap
plies.

Appendix D. Fire Apparatus Access Roads.

S
ection D10

2.1 is am
ended to r
ead:

D102.1 Access and loading. Facilities, buildings or portions of buildings hereafter constructed shall be accessible to fire department apparatus by way of an approved fire apparatus access road with an asphalt, concrete, or other approved all -weather driving surface capable of supporting the imposed loa d of fire apparatus weighing at least 74,000 pounds (34,473 kg) in accordance with Caltrans Design Standard HS - 20-44.

Section D103.2 is amended to read:

D103.2 Grade. Fire department access roadways having a grade of between 16 percent and 20 percent shall be designed to have a finished surface of grooved concrete sufficient to hold a 44,000 pound (19 958 kg) traction load. The grooves in the concrete surface shall be ½ inch (13 mm) wide by ½ inch (13 mm) deep and 1 ½ inch (38 mm) on center and set at a 30 to 45 degree angle acro ss the width of the roadway surface. No grade shall exceed 20 percent, nor shall the cross slope exceed 8%, unless authorized in writing by the fire code official.

Section D103.2.1 is added, to read:

D103.2.1 Angles of approach and departure. The angles of approach and departure for any means of access shall not exceed 10 percent at 10 feet of the grade break.

Section D103.3 is amended to read:

D103.3 Turning radius. Based on a minimum unobstructed width of 20 feet, a fire apparatus access roadway shall be capable of providing a minimum standard turning radius of 25 feet (7620 mm) inside and 45 feet (13 716 mm) outside.

285
Figure D103.l is amended to read:

Table D103.4 is amended to read:

TABLE D103.4 REQUIREMENTS FOR DEAD-END FIRE APPARATUS ROADS LENGTH
(feet)

MINIMUM
WIDTH
(feet)
. TURNAROUNDS REQUIRED
0-150 20
a
None required
151 -
750 20
a
100-foot Hammerhead, 50-foot "Y", 75-foot Shunt or 90-foot- diameter cul-de-sac in accordance with figure D103.1
Over 750 Special approval
requiredb
a. A driveway with a minimum width of 16 feet is acceptable for access to no more than two single-family dwellings.
b. Any fire apparatus access roadway or driveway that is approved to be less than 20 feet wide and to exceed 750 feet in length shall have outsets or turnouts every 300 feet along the length of the road or driveway, or at locations approved by the fire code official. Each outset or turnout shall be of the following dimensions: an 8 -foot-wide turnout that extends at least 40 feet in length.

Section D103.5 is amended as follows:

Cr
iteria 1 of S
ection D1

03.5 i
s am
ended to r
ead:
286

1. T
he mi
nimum c
lear wi
dth s
hall be 20 fee
t (
6096mm).

E
xception: F
or a
ccess to o
ne or two s
ingle-fam
ily dwel
lings, 16 feet c
lear wi
dth is
ac
ceptable.

Cr
iteria 9 is ad
ded to S
ection D103
.5, to r
ead:

9. All ga
tes s
hall be i
nstalled and l
ocated a mi
nimum of 30 feet off the s
treet.

Section D103.6.1 is amended to read:

D103.6.1 Roads less than 28 feet in width. Fire apparatus access roads less than 28 feet wide shall be posted on both sides as a fire lane.

Section D103.6.2 is amended to read:

D103.6.2 Roads 28 feet in width or greater, but less than 36 feet in width. Fire apparatus access roads 28 feet wide or greater, but less than 36 feet wide, shall be posted on one side of the road as a fire lane.

S
ection D10

6.1 is am
ended by d
eleting the ex
ception an
d to r
ead:

D106
.1 Projects having more than 100 dwelling units. Mu
ltiple-fa
mily residential proj
ects
ha
ving more than 10
0 dwe
lling un
its s
hall b
e provided wi
th tw
o s
eparate an
d a
pproved f
ire
ap
paratus ac
cess r
oads a
nd shall me
et the requirements of Section D104.3.

Section D106.2 is deleted in it s entirety.

SECTION 3. REPEAL OF FIRE CODE.

Ordinance No. 2019-01, adopting the 2019 California Fire Code with amendments, is hereby repealed.

SECTION 4. REFERENCES TO PRIOR CODE.

Unless superseded and expressly repealed, references in City forms, documents, and regulations to the chapters and sections of the Fire Code of the Rodeo-Hercules Fire Protection District, 2019, shall be construed to apply to the corresponding provisions contained within the Fire Code of the Rodeo-Hercules Fire Protection District, 2022. Ordinance 2019-01 and all other ordinances or parts of ordinances in conflict herewith are hereby superseded and expressly repealed.

SECTION 5. VALIDITY.

The Rodeo-Hercules Fire Protection District declares that if any section, paragraph, sentence, or word of this ordinance or of the 2022 California Fire Code as adopted and amended herein is declared for any reason to be invalid, it is the intent of the Rodeo-Hercules Fire Protection District Board of Directors that it would have passed all other portions or provisions of this ordinance independent of the elimination here from any portion or provision as may be declared invalid.

SECTION 6. MORE RESTRICTIVE REQUIREMENTS.

If requ
irements more restrictive than those in this fire code are adopted by the City of Her cules or th
e
Coun
ty of Contra Costa, those requirements will appl
y only within the jurisdiction adopting those
r
equirements.

SECTION 7. EFFECTIVE DATE.
287

This ordinance becomes effective on January 1, 2023 or 30 days after passage, whichever is later.

Within 15 days of passage, this ordinance shall be published once in the East Bay Times, a newspaper published in this County.

Pas
sed o
n ________________________________________________, by the follow i ng vote:

A
YES:

NO
ES:

A
BSENT:

A
BSTAIN:

A
TTEST:__
_____
______________
_______________ __
________________________________
_____
S
ecretary,
Board of Directors Chairpe
rson,
Board of Di
rectors

288
R
ODEO-H

ERCULES FIRE PROTECTION DISTRICT
ME

MORANDUM

Date
: Oc
tober 26,
2022

T
o: Bo
ard of Directors
From: Darr
en Johnson, Interim Fire Chief
S
ubject: Ad
option of 2022 Fir
e Code
QU
ESTION

S
hall t
he B
oard of Directors a
dopt by ref
erence th
e m
ost re
cent e
dition of t
he m
odel
Cali
fornia Fi
re C
ode a
s adopted a
nd a
mended by t
he S
tate of C
alifornia (a
nd fu
rther
a
mended b
ased on l
ocal c
onditions) f
or u
se in th
e Rod
eo-Hercu
les Fire District, re
peal
e
xisting s
ections n
ot a
pplicable to new c
odes and m
odify th
e Rod
eo-Hercu
les Fire
Di
strict Fi
re Code to re
flect th
e new m
odel code?

CKGROUND

1. E
very 3 y
ears th
e S
tate of C
alifornia u
pdates the C
alifornia C
ode of Re
gulations,
Ti
tle 24 (C
CR-T2
4), t
hrough t
he S
tate co
de a
doption cy
cle. Th
e S
tate of C
alifornia
a
dopts and p
ublishes a
mendments to n
ational m
odel codes and u
pdates codes
sp
ecific to C
alifornia d
uring this cy
cle. S
uch m
odel codes w
ith S
tate a
mendments
and C
alifornia sp
ecific codes go i
nto e
ffect in e
very Ci
ty a
nd C
ounty in th
e S
tate of
Cali
fornia 1
80 d
ays a
fter p
ublication. Th
e n
ew 2022 CCR-T2
4 w
ere p
ublished in
Ju
ly of 2022. Th
e H
ealth a
nd S
afety C
ode a
llows l
ocal j
urisdictions to ch
ange or
m
odify th
e S
tate-a
dopted m
odel codes based on lo
cal g
eologic, cli
matic, or
to
pographic co
nditions.

2. Go
vernment C
ode s
ection 5
0022.3 i
dentifies t
he p
rocedure fo
r th
e a
doption p
rocess
of co
des that e
stablished th
e r
equirement fo
r first re
ading of th
e o
rdinance ti
tle a
nd
e
stablishment of t
he p
ublic h
earing d
ate.

AN
ALYSIS

In J
anuary 2021,
the S
tate of C
alifornia B
uilding Standards C
ommission a
dopted
m
any of t
hese c
odes w
ith a
mendments and p
ublished th
em as Ca
lifornia co
des. The
new C
alifornia C
ode of Re
gulations, Ti
tle 2
4, was p
ublished in J
uly 2022. Th
e c
odes
a
dopted by th
e B
uilding Standards C
ommission go i
nto e
ffect 180 d
ays a
fter
p
ublication by th
e S
tate and m
ust b
e e
nforced by e
ach Ci
ty a
nd Co
unty. T
he S
tate a
lso
a
dopted in Ja
nuary 2021 th
e f
ollowing California c
odes specific to C
alifornia: Ca
lifornia
Fi
re C
ode.
289

L
ocal j
urisdictions m
ay a
mend t
he co
des o
nly if d
etermined re
asonably n
ecessary
b
ecause of l
ocal to
pographic, g
eologic, or cli
matic c
onditions.

1. S
taff p
articipated in
a Fire P
revention Panel, co
mposed of county-wi
de prevention
o
fficers, to crea
te a co
nsensus document to be u
tilized by ci
ties and fire d
istricts
th
roughout Co
ntra Costa C
ounty in an e
ffort to e
nsure u
niformity in r
equirements.

2. Th
e m
ore si
gnificant a
daptions i
nclude, b
ut a
re n
ot li
mited to
, the f
ollowing:
am
endments and a
dministrative c
hanges p
reviously e
stablished in t
he Rod
eo-
Hercu
les Fire District Fi
re Code, b
ut that now h
ave r
evised co
de s
ection n
umbers;
ins
erts a cl
arification of th
e a
ppeals p
rocess so th
at a Board of Appeals is established
to
hear and decide appeals of orders and the Board of Appeals shall be comprised of th
e Board of Directors; a
mends definitions; general precautions against fires and cla
rifies the fire s
prinkler r
equirements a
pplicable to su
bstantial a
dditions, r
emodels,
a
lterations or r
epairs by inc
orporating language fro
m th
e co
nsensus document .

3. S
taff h
as r
eviewed t
he new co
des adopted by th
e S
tate of C
alifornia and p
repared th
e
o
rdinance fo
r a
doption of th
ese co
des wi
th a
mendments i
nto t
he Ro
deo-Hercu
les Fire
Di
strict Fi
re Code.

REC

OMMENDATION

It is r
ecommended t
hat th
e B
oard of Directors (1)
introduce an Or
dinance a
dopting by
refe
rence th
e 2022 Ca
lifornia Fi
re C
ode wi
th l
ocal a
mendments; and (2) s
et a p
ublic
h
earing date on Nov
ember 9, 2022 f
or a
doption of t
he Or
dinance.

A
ttachment:

Ord
inance #2
022-01

290

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297

THE CITY OF HERCULES AS THE SUCCESSOR AGENCY TO THE HERCULES

REDEVELOPMENT AGENCY
DATE: January 10, 2023
TO: The City of Hercules as Successor Agency to the Hercules Redevelopment Agency
VIA: Dante Hall, City Manager/Executive Director
SUBMITTED BY: Edwin Gato, Director of Finance
SUBJECT: Recognized Obligation Payment Schedule for the period of July 1, 2023, through June 30, 2024 (ROPS 23-24)
RECOMMENDED ACTION:

Adopt a resolution approving the Recognized Obligation Payment Schedule for the period July 1, 2023, through June 30, 2024 (ROPS 23-24).

DISCUSSION:

Health and Safety Code (HSC) Section 34177 requires that successor agencies must, amongst other things, prepare a Recognized Obligation Payment Schedule (ROPS) for each upcoming fiscal year.

A ROPS is the document that sets forth the maximum payment amounts, and due dates of payments required by enforceable obligations. Enforceable obligations are defined in HSC Section 34171(d) and include the payment of bonds and loans, payments required by the federal government, judgments or settlements, any legally binding agreement or contract, and contracts or agreements necessary for the administration or operation of the successor agency.

HSC Section 34177(1) requires successor agencies to submit the ROPS to a Countywide Oversight Board and California Department of Finance (DOF) for approval.

The ROPS template used for the ROPS 23-24 includes the following worksheets:

1. Recognized Obligation Payment Schedule Summary

2. Recognized Obligation Payment Schedule – ROPS Detail- This worksheet includes a section for ROPS A (July 1, 2023 through December 31, 2023) and a section for ROPS 23- 24 B (January 1, 2024 through June 30, 2024).

3. Recognized Obligation Payment Schedule –Report of Cash Balances

4. Recognized Obligation Payment Schedule –N o t e s
298
Summary
Hercules ROPS 23-24 requests $8.9 million in obligations, of which $7.1 million is from Redevelopment Property Tax Trust Funds (RPTTF) and $1.8 million is from Reserve Balance.

Obligations consist of bond debt service ($3.6 million), payments owed to third parties pursuant to various agreements entered into prior to dissolution ($4.8 million), and an administrative cost allowance ($250,000 for the current year and $250,000 for an unfunded allowance in 2022-23). 2022 Bond Refunding
ROPS Item 32 requests debt service under a new 2022 Tax Allocation Refunding Bond (2022 Bond).

Items 1-4 and 25-31 are related to the 2005 and 2007 Tax Allocation Bonds (Prior Bonds) and will be retired. Item 32 requests $3.6 million for bond debt service, of which $1.8 million is requested from RPTTF and $1.8 million is from Reserve Balance. The Reserve Balance consists of the difference between RPTTF received for the Prior Bonds on the ROPS 22-23 and how much was due under the 2022 Bond. The unused funds were transferred to the bond trustee to hold as a reserve to make part of the ROPS 23-24A payment.

County Pass-Through Payments
When the Successor Agency refunded its bonds last year, the County Auditor-Controller found that $9.3 million was past-due to the County of Contra Costa (County) under a negotiated pass-through agreement. The County had been underpaid since 2018. The County A uditor-Controller began making past-due pass-through payments in June 2022. Under HSC 34183(b), the County Auditor- Controller has funded current year pass-through payments, bond debt service, then prior year pass- through payments. As a result, non-bond debt service obligations were not funded on the ROPS 22-

23. There will be no Residual RPTTF until the overdue County pass-through payments are paid off.

The Successor Agency structured its 2022 Bond debt service payments to be lower upfront so the County pass-through payments could be paid off as soon as possible. The Successor Agency currently projects they will be paid off in June 2023, however the actual date depends on available property tax increment.

Unfunded ROPS 22-23 Obligations
ROPS Items 5, 10, and 22 include a request for $2.5 million for ROPS 22-23 obligations that were not funded due to the County Pass-Through Payments. They consist of $2.2 million owed under a developer agreement (Item 5), $130,000 owed for an affordable senior housing project subsidy (Item 10), and the Successor Agency’s $250,000 administrative cost allowance (Item 22).

The Successor Agency estimates that unfunded non-bond debt service obligations will be repaid in January and June 2024, however the actual date depends on available property tax increment. 299
Prior Period Adjustment
The ROPS 23-24 Report of Cash Balance worksheet shows $62,431 inRPTTF money received for ROPS 20-21 (July 1, 2020, through June 30, 2021) was not expended and will be applied to pay for ROPS 23-24 obligations as a Prior Period Adjustment.

The Recognized Obligation Payment Schedule (ROPS) are posted on the City of Hercules website (www.ci.hercules.ca.us).

ATTACHMENTS:

1. Resolution approving the Recognized Obligation Payment Schedule (ROPS) for the period July 1, 2023, through June 30, 2024

2. ROPS 23-24
300
RESOLUTION NO. __

THE CITY OF HERCULES AS SUCCESSOR AGENCY TO THE HERCULES

REDEVELOPMENT AGENCY APPROVING THE RECOGNIZED OBLIGATION PAYMENT SCHEDULE FOR THE PERIOD JULY 1, 2023 THROUGH JUNE 30, 2024 (ROPS 23-24)
WHEREAS, on December 29, 2011, the California Supreme Court issued its final decision in the litigation of California Redevelopment Association v. Matosantos,upholding Assembly Bill x1 26 (codified as Health and Safety Code 34161-34191) (“ABx1 26”) and invalidating Assembly Bill x1 27 (the legislation that would have permitted redevelopment agencies to continue operation if their sponsoring jurisdiction agreed to make certain payments for the benefit of schools and special districts); and as a result, all California redevelopment agencies were dissolved, effective February 1, 2012; and
WHEREAS, pursuant to California Health a nd Safety Code (“HSC”) Section 34 173(d), on January 10, 2012 by Resolution No 12-005, the Council of the City of Hercules elected to become the Successor Agency to the Hercules Redevelopment Agency (“Agency”) (non-housing); and WHEREAS, HSC Section 34179 requires that certain Successor Agency actions are subject to Oversight Board approval; and
WHEREAS, HSC Section 34177 requires each Successor Agency to prepare a draft Recognized Obligation Payment Schedule (“ROPS”) and HSC Section 34180 requires the Oversight Board to approve same; and
WHEREAS, HSC Section 34177 provides that each ROPS shall be forward look ing to the next fiscal year; and
WHEREAS, HSC Section 34177 (o) states that the Recognized Obligation Pay ment Schedule shall be submitted by the Successor Agency, after approval by t he Oversight Board to the California Department of Finance.

NOW, THEREFORE, BE IT RESOLVED that the City of Hercules as Successor Agency to the Hercules Redevelopment Agency, hereby finds and determines:
(1) Approval of the ROPS for the period July 1, 2023, through June 30, 2024 (ROPS 23-24) attached hereto as Exhibit A.
(2) Successor Agency staff is directed to provide a copy of this Resolution along with the approved draft ROPS to the Contra Costa County Countywide Oversight Board, County Auditor Controller, the State Controller’s Office and the State Department of Finance.

The foregoing Resolution was duly and regularly adopted by the City of Hercules as Successor Agency to the Hercules Redevelopment Agency at its meeting held on the 10 th day of January,
2023 by the following:
301
AYES:

NOES:

ABSENT:

ABSTAIN:
____________________________
Alex Walker-Griffin, Chair
ATTEST:

Eibleis Melendez, Acting City Clerk
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308

STAFF REPORT TO THE CITY COUNCIL

DATE: Regular Meeting of January 10, 2023

TO: Members of the City Council

VIA: Dante Hall, City Manager

SUBMITTED BY: Eibleis Melendez, Acting City Clerk

SUBJECT: Commission and Committee Appointments

RECOMMENDED ACTION:

Consider staff’s recommendations for making appointments to the Hercules Finance and Community & Library Services Commissions.

FISCAL IMPACT OF RECOMMENDATION:

There is no fiscal impact associated with this item.

DISCUSSION:

The City’s Commissions (listed below) have seats with term expirations of December 31, 2022. The City maintains an open recruitment for applicants to fill the seats. The application deadline for the Finance and Community Library Services Commissions are open until filled. The appointments proposed to be made this evening were not included among the list of appointments made at the City Council Special Meeting on November 9, 2022.

Local Commissions

Finance Commission – One (1) term ending December 2022
The Finance Commission meets bi -monthly on the third Wednesday at 7 p.m. The Commission is advisory to the Council. One (1) application was received for a new two (2) year term. The current Commissioner with the expiring term is Orit Samson. Mr. Samson is seeking reappointment and running unopposed. Staff recommends that Mr. Samson be reappointed to his incumbency and forgo an interview process for the sake of meeting time.

Community & Library Services Commission – Student Commissioner – One (1) term ending December 2022
The Community and Library Services Commission meets on the second Monday of every month at 7:00 p.m. The Commission is advisory to the Council. One (1 ) application was received for the student Commission position 1-year term. The student commissioner with an expiring term is Haley Solis. Ms. Solis is seeking reappointment and running unopposed.

Staff recommends that Ms. Solis be reappointed to her incumbency and forgo an interview process for the sake of meeting time.

ATTACHMENTS: None.
309

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REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of January 10, 2023
TO: Mayor Walker-Griffin and Council
SUBMITTED BY: J. Patrick Tang, City Attorney
Dante Hall, City Manager
SUBJECT: AB 2449 Effect on Public Agency Brown Act Meeting Requirements - New Procedures for Remote Participation
UPDATE: This Revised Report provides additional options for meet ing the Brown Act’s Emergency meeting requirements, and makes recommendations to the Council regarding AB 2449 compliance for the City’s Commissions. Revisions are indicated in BOLD text.

EXECUTIVE SUMMARY:

AB 361 was adopted in September 2021 to relax Brown Act teleconferencing requirements so that members of legislative bodies can more easily participate remotely in public meetings during the Covid pandemic. AB 361 will remain in effect until December 31, 2023; however, once the Covid State of Emergency is lifted by the Governor, which is now expected to occur on February 28, 2023, public agencies will no longer have the necessary authority to hold AB 361 virtual meetings. Once the Covid State of Emergency is lifted, the remote meeting requirements of newly enacted AB 2449 will control.

AB 2449 imposes the requirement that a member of a legislative body seeking to attend a meeting remotely must submit a request to the legislative body at the e arliest opportunity possible. The legislative body must then vote to approve a request to attend remotely and must make findings that remote participation is justified as a result of an emergency or other reasons supported by “just cause”. There are a number of additional requirements that must be satisfied in order to participate remotely pursuant to AB 2449; a Flow Chart is provided as Attac hment 1 to this Report to aid in understanding the procedural nuances of AB 2449[NOTE: the Flow Chart does not include the additional option discussed below of using an agenda item placeholder to meet the urgency requirements under the Brown Act].

BACKGROUND:

In response to the Covid-19 pandemic, the California Legislatur e passed AB 361 to streamline Brown Act requirements for teleconference/virtual meetings durin g times of local emergency. 310

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Before AB 361, the Brown Act’s teleconference rules required ph ysically posting each teleconference location with a meeting notice and making each lo cation open to the public, a process which could not be practically implemented during a global pandemic.

With the relaxed teleconferencing rules under AB 361, public agencies and the general public have become more comfortable with meeting virtually, and many public bodies lobbied to get legislation passed that would extend the remote meeting protections past Fe bruary 28, 2023, when the Governor is expected to lift the Covid state of emergency which would render AB 361’s relaxed teleconferencing provisions moot. AB 2449 extends the option for members of the legislative body to attend remotely under certain circumstances but imposes onerou s procedural and voting requirements that will make it more difficult for members of the City Council to attend meetings remotely. These procedural requirements would be especially burdensome for several of the City’s Commissions that are not typically staffed by the City Clerk or the City Attorney who might otherwise assist Commission Staff Liaisons with meeting the complex procedural requirements of AB 2449.

DISCUSSION:

On September 13, 2022, California Governor Gavin Newsom signed i nto law Assembly Bill (AB) 2449 (Rubio) . The new amendments to the Brown Act go into effect on January 1, 2023 and will expire on December 31, 2025. AB 2449 imposes much more complex alternative teleconference procedures than AB 361 for members of a legislativ e body to participate remotely.

AB 2449 Threshold Requirements.

AB 2449 allows the legislative body of a local agency to partic ipate in a meeting remotely without complying with the trad itional Brown Act teleconferenci ng rules only if a quorum or more of the members of the legislative body participate in perso n from a singular physical location identified on the agenda, which location must be open to the public and within the boundaries of the local agency. The legislative body must also provide either a two-way audiovisual platform or two-way telephonic service and a live w ebcasting of the meeting to allow the public to remotely hear and visually observe the meet ing, and remotely address the legislative body. The agenda mus t identify and include an oppor tunity for all persons to attend via a call-in option, internet-based service option, and at the in-person location of the meeting.

AB 2449 Remote Participation Request Procedure.

Assuming all the requirements in the previous paragraph are sati sfied, the new AB 2449 provisions require submission of a written description not to ex ceed 20 words explaining why remote participation is being requested . The request does NOT need to disclose medical or personal information.

A request to participate remotely when submitted by a member of t he legislative body prior to the publication of the agenda will be included as an agenda ite m . H o w e v e r , i f t h e r e q u e s t i s received after the publication of the agenda, then as a thresho ld matter the Council must take action to add the request as an Urgency Item to the agenda by an a ffirmative 2/3 vote, prior to voting on the actual request t o participate remotely. An alternative to the Urgency Item 311

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procedure that appears to meet Brown Act noticing requirements is to place on every Council agenda for as long as AB 2449 is in effect a placeholder to read, "Consider and take action on any requests from a Council Member(s) to participate in a meeting remotely due to emergency circumstances or just cause pursuant to AB 2449 ". This wo uld arguably meet t he Brown Act’s agenda noticing requirements and avoid the situation where two separate votes would be needed to approve a request to participate remotely.

AB 2449 Requirements for “Just Cause” and Emergency Circumstances” Findings.

AB 2449 only allows a member of the legislative body to participate remotely for “just cause” or due to an “emergency circumstance” and the legislative body must make findings supporting a just cause or emergency circumst ance determination. A simple ma jority vote is needed to approve remote participation.
"Just cause" is limited to one or more of the following: (i) a childcare or caregiving need of a child, parent, grandparent, gra ndchild, sibling, spouse, or dom estic partner that requires them to participate remotely; (ii) a contagious illness that prevents a member from attending in person; (iii) a need related to a physical or mental disability as defi ned by statute; or (iv) travel while on official business of the legislative body or another state or local agency. "Emergency circumstances" mean s a physical or family medical em ergency that prevents a member from attending in person.

AB 2449 Remote Participation Frequency Limitations.

AB 2449's teleconference procedures may not be used by a member of the legislative body to teleconference for a period of more than three consecutive mont hs or 20% of the regular meetings within a calendar year, or more than two meetings if t he legislative body meets fewer than 10 times per calendar year. For the Hercules City Council whi ch typically meets twice a month with cancellations for August recess, Thanksgiving holiday s and winter break, this limitation would mean a maximum of four (4) teleconference opportunities per calendar year.

Additional AB 2449 Requirements.

In addition to the requirements discussed above, AB 2449 also ma ndates that legislative bodies implement procedures for receiving and swiftly resolving reques ts for reasonable accommodations for individuals with disabilities, consistent wit h applicable civil rights and nondiscrimination laws.

Staff Recommendations Regarding AB 2449 Remote Participation Op tion for City Boards and Commissions.

The City’s commissions, appointed by the City Council, are included under the Brown Act’s definition of legislative bodies so that they are subject to the AB 2449 remote meeting provisions. However fo r the AB 2449 remote pa rticipation procedures to apply to a City commission, the commission meeting must provide either: (i) a two -way audiovisual platform, or (ii) a two-way telephonic service and a live webcas ting of the meeting. The City Manager after consultation with the commission staff liais ons, recommends that once the Covid emergency is lifted by the Governor on February 28, 20 23, that the Finance Commission and the Library and Community Services Commission cease Zoom meetings 312

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and revert back to the pre-Covid meeting format so that commiss i o n e r s f o r t h e s e t w o commissions would be required to attend in person, with public comment allowed via in- person participation. This would limit teleconferencing for com missioners to the pre-Covid process under the Brown Act, which would require that the remot e site be open to the public, and posted in advance of the meeting. This recommendation for the Finance and Library and Community Services Commissions is based on the following factors:
x AB 2449 requirements for remote broadcasting are onerous, and the City Attorney and City Clerk do not staff these commission meetings to assist staff liaisons with meeting these procedural requirements.
x There has been minimal or no public participation via Zoom during the pandemic for these two commissions.
x There is a staff cost associated with convening live Zoom commission meetings.

Regarding the Planning Commission, the Planning Director has in dicated that it makes sense to continue to allow remot e participation of applicants and consultants, as this will save time and resources for both the applicant and the City by a voiding having participants travel from remote locations to personally attend Commission meetings.

Furthermore, there is more staff support provided to the Plannin g Commission and the City Attorney often attends Planning Commission meetings, so th at the AB 2449 procedural requirements can be more easily implemented during Pl anning Commission meetings.

Staff will return to Council pr ior to February 28, 2023 in orde r to obtain Council direction regarding the above noted recommendations for commission remote participation in light of the new AB 2449 requirements.

CONCLUSION:

While AB 2449 is intended to extend the ability of council memb ers to attend council meetings remotely without a State of Emergency being in effect, it unfortun ately imposes a number of procedural hurdles that will likely complicate the remote attendance option.

ATTACHMENTS:

1. AB 2449 Flow Chart

2. AB 2449 Bill Summary
313
Attachment 1

AB 2449 – Remote Participation Flow Chart
(Effective January 1, 2023 – December 31, 2025)

- STEP 1: Council member submits request for remote participation (to City Clerk). o When: ASAP (at earliest opportunity) up to start of a regular meeting o What: Generally describe reason for request (not to exceed 20 words). Must be either:
Just Cause -
x providing childcare or caregiving of immediate family, x contagious illness,
x physical or mental disability,
x official business travel for public agency, OR
Emergency Circumstances –
x Physical or family medical emergency.

NOTE: Request does NOT need to disclose specific medical or personal information.

- STEP 2: Is the request agendized?
o If yes, then Council can consider at appropriate time on agenda. Go to Step 3 below. o If no, then Council must add urgency item to agenda as follows:
Describe that there is a request by a Council member to participate remotely. Describe the reason for the request (Just Cause or Emergency Circumstances). Explain that this item came up after the 72-hour agenda deadline. Council takes action by: (a) finding the item is urgent and needs immediate action and was discovered after the agenda deadline, and (b) voting. x Must pass by 2/3 vote of Council if 4+ Council members are voting from 5- member Council.
x Must pass unanimously if 3 Council members are voting from a 5-member Council.

- STEP 3: Council acts on remote participation request. o Findings: Council must make the following four findings:
The remotely participating official must disclose whether anyone over 18 years old is present at the remote location.
At least 3 (a quorum) of the other Council members are present at one physical location in the Agency’s jurisdiction.
The remotely participating Council member has not exceeded the annual limit:
x Cannot use for more than 3 consecutive months, or 20% of the regular meeting. The Council is providing a 2-way audiovisual platform or 2-way telephone service + live webcasting so public can remotely hear and visually observe the meeting. 314
o Vote: If these findings can be made, then the Council votes on whether the official may participate remotely.
A majority (or at least 3) affirmative votes are required to allow remote participation.

- STEP 4: Resume the meeting as agendized with Council member(s) participating remotely. o All votes at a meeting with a remote Council member must be taken by roll call. o No action can be taken if the remote broadcast of the meeting is disrupted. o Special procedures are required to promptly resolve requests for disability accommodations. 315
OCTOBER 18, 2022 | HANSON BRIDGETT GOVERNMENT PRACTICE GROUP Governor Plans to
Lift COVID-19
State of
Emergency,
Limiting Agencies’
Ability to Meet
Remotely
by Brendan G. Adams & Joan L.

Cassman & Julie A. Sherman &
Shayna Mittler van Hoften
The Governor’s office has announced that the COVID State of Emergency will end on February 28, 2023 . Absent a change in the Governor's plans, at that point, COVID-19 will no longer be a valid basis to hold emergency teleconference meetings pursuant to AB 361.

Brown Act Teleconference Meetings
The Brown Act allows an agency's governing board to use any type of teleconferencing in connection with any meeting.

However, outside of emergency circumstances, a teleconference meeting must comply with the following requirements:

1. At least a quorum of the board must participate from locations within the agency’s jurisdiction.

2. Each teleconference location must be identified in the notice and agenda of the meeting.

3. Agendas must be posted at each teleconference location.

4. Each location must be accessible to the public.

5. The agenda must provide the opportunity for the public to address the legislative body directly at each teleconference location.

6. All votes must be by roll call.

AB 361
In response to the COVID-19 pandemic, Governor Newsom
issued Executive Orders lifting several of these requirements t o allow agencies to hold public meetings while complying with shelter-in-place orders and social distancing recommendations.

In September 2021, the Governor signed AB 361, which
effectively incorporated those Executive Orders into the Brown Act. Under AB 361, an agency can hold fully remote or hybrid teleconference meetings without meeting the access and notice requirements listed above, provided that: First, the Governor h as declared a state of emergency, and second, either
• State or local officials have imposed or recommended
measures to promote social distancing; or
• The legislative body finds that meeting in person would present imminent risks to health or safety of attendees.

Attachment 2
316
PG 2
Therefore, once the COVID State of Emergency is lifted, which is now expected to occur on February 28, 2023, agencies will no longer have the necessary authority to hold AB 361 virtual meetings as a result of COVID-19.

AB 361 is set to expire December 31, 2023, which date will beco me important if the Governor opts to postpone lifting the State of Emergency or if a subsequent State of Emergency is enacted.

AB 2449
Roughly coinciding with the lifting of the current State of Emergency, effective January 1, 2023, AB 2449 will give individual members of legislative bodies increased flexibility to participate in meetings via teleconference in the event of a personal emergency. Unlike AB 361, AB 2449 procedures do not require a state of emergency declaration, but the provisions are so onerous that they the law is not likely to be a practical alternative for most local agency officials or for agencies that would like to continue to meet virtually as a matter of practice. Click here
for further discussion of the changes prescribed in AB 2449.

AB 2449's rules will remain in effect through 2025. After January 1, 2026, unless further legislation is adopted, only the pre-pandemic, traditional Brown Act teleconference rules will remain in effect.

AB 2647
Though not relevant to teleconferencing, the Governor has also signed AB 2647, which amends the Brown Act provisions on making agenda materials available to the public in the days leading up to governing body meetings. Click here
for further discussion of AB 2647.

For more information, please contact:

Brendan G. Adams, Associate
415-995-6490
[email protected]
Joan L. Cassman, Partner
415-995-5021
[email protected]
Julie A. Sherman, Partner
415-995-5185
[email protected]
Shayna Mittler van Hoften, Partner
415-995-5880
[email protected]
317

STAFF REPORT TO THE CITY COUNCIL

DATE: Regular Meeting of January 10, 2023

TO: Members of the City Council

VIA: Dante Hall, City Manager

SUBMITTED BY: Edwin Gato, Director of Finance

SUBJECT: ALLOCATION OF LOCAL ASSISTANCE FUNDS FROM
SENATE BILL 154 (SKINNER) BUDGET ACT OF 2022

RECOMMENDED ACTION:

Staff recommends that the Council discuss the following strategies for the use of the $8 million budget allocation from the State of California and direct staff to proceed with the following recommendations:

• Allocate $2.5 million for principal debt service payment to the California Housing Finance Authority (CalHFA) loans and explore re-negotiating the existing repayment timeline.

• Allocate $5.5 million to Capital Reserve future infrastructure improvements, including the Hercules Hub project.

FISCAL IMPACT OF RECOMMENDATION
The State legislature ultimately approved a one- time budget allocation of $8,000,000 by enacting Senate Bill 154 (Skinner) Budget Act of 2022. The City requested and received these funds in the winter of 2022. Upon approval of the recommended fund allocation, staff will include the assignment of funds into next year's budget.

BACKGROUND AND DISCUSSION:

On October 7, 2022, the City of Hercules ("City") received $8,000,000 from the California Department of Finance as a disbursement from the 2022 -23 State Budget, General Government Section, Code 9210 Local Government Financing, 7540 Aid to Local Government. The State budget allocation was enacted by Senate Bill 154 (Skinner) Budget Act of 2022.

318
St
aff recommends that the Council discuss the following strategies for the allocation of the $8 million of local assistance from the State of California and direct staff to proceed with the following recommendations:

• Recommendation #1 - Allocate $2.5 million to partially pay the CalHFA loans and seek to re-negotiate with CalHFA to repay the remaining balance over time.

Summary
- The City obtained the CalHFA loans under the Residential Development Loan Program (RDLP) and the Housing Enabled by Local Partnerships (HELP) for the construction of the Sycamore North project. Presumably, income from leasing the residential units would have been sufficient to repay the loans. However, since the cost to complete the project was significantly more than the City and Redevelopment Agency had to pay for the project's construction, the project failed and was marketed to obtain the highest and best offer from a qualified and experienced developer. Thus, the obligation to repay the loans is now the City's obligation. Staff approached CalHFA in 2012 and, after several mee tings and counteroffers, negotiated new loan terms that extended the time for payment and lowered the interest rate from 3% to 1.5%. Amendments to loan agreement on CalHFA Loan No. HELP-080604-03 and RDLP-060506-01 were made and entered into on April 11, 2005, and February 15, 2007, and will expire on April 11, 2027, and August 15, 2026, respectively. Payment of the remaining $5.2 million loan balance is due in full no later than the expiration date of the loan.

• Recommendation #2 - A llocate $5.5 million to Capital Reserve for future infrastructure improvements, including the Hercules Hub project.

Summary - As one of the City’s top priorities, the Hercules Hub (formally known as the Regional Intermodal Transportation Center (RITC)) is designed to achieve the vision of the Hercules Bayfront as a model transit-oriented community. The project has NEPA and CEQA approvals and the City has completed the first three phases of construction. In 2019, the City and the Gray -Bowen-Scott team succeeded in advancing the Let’s Get I-80 Moving initiative, which resulted in the Capital Corridor Joint Powers Authority’s decision to grant Candidate Station Status to the RITC in Hercules. In 2020, the City completed the interim bus improvements on Bayfront Boulevard to allow buses to serve the area.

The next three phases to be implemented to allow the train to stop are the utility relocations, followed by the track and platform improvements, and lastly the station work. There is currently a unique window of opportunity to pursue grant funding for the completion of the RITC as an unprecedented amount of federal and state grant 319
fu
nding for pandemic relief, economic stimulus, and infrastructure investment is becoming available on a competitive basis. As the City continues to solicit grant funding, a local match will be required to secure the grants.

ATTACHMENT

1. Resolution
320

RESOLUTION NO. 23-_______

A RESOLUTION REQUESTING ALLOCATION OF LOCAL ASSISTANCE FUNDS FROM SENATE BILL 154 (SKINNER) BUDGET ACT OF 2022, IN THE AMOUN T OF $8,000,000
WHEREAS, on October 7, 2022, the City of Hercules ("City") received $8,00 0,000 from the California Department of Finan ce as a disbursement from the 2022-23 State Budget, General Government Section, Code 9210 Lo cal Government Financing, 7540 Aid to Local Government.

The State budget allocation was enacted by Senate Bill 154 (Skinner) Budget Act of 2022; and WHEREAS, the City has requested and received these funds in the winter of 2022; and WHEREAS, the staff recommends the following allocation of State local assistance funds from Senate Bill 154 (Skinner) Budget Act of 2022:

1. Recommendation #1 - Allocate $2.5 million to partially pay the CalHFA loans and re - negotiating with CalHFA to repay the remaining balance in five to ten years.

2. Recommendation #2 - Allocate $5.5 million to Capital Reserve for future infrastructure improvements, including the Hercules Hub project.

NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Hercules hereby approves the staff recommendation to allocate the funds received from the State local assistance funds from Senate Bill 154 (Skinner) Budget Act of 2022, as follows:

1. Allocate $2.5 million to partially pay the CalHFA loans and re-negotiating with CalHFA to repay the remaining balance in five to ten years.

2. Allocate $5.5 million to Capital Reserve for future infrastructure improvements, including the Hercules Hub project.

The foregoing Resolution was duly and regularly adopted at the City Council meeting of the City of Hercules held on the 10th of January 2023, by the following vote of the Council:

AYES:

NOES:

ABSENT:
____________________________
Alexander Walker-Griffin, Mayor
ATTEST:
___________________________________
Eibleis Melendez, Acting City Clerk
321

STAFF REPORT TO THE CITY COUNCIL

DATE: Regular Meeting of January 10, 2023

TO: Members of the City Council

VIA: Dante Hall, City Manager

SUBMITTED BY: Edwin Gato, Director of Finance

SUBJECT: Review of Preliminary Fiscal Year (FY) 21-22 Unaudited General Fund Year-End Result

RECOMMENDED ACTION:

Receive the report on Preliminary General Fund FY 21-22 Unaudited Year-End Result

FISCAL IMPACT OF RECOMMENDATION:

The review of the preliminary FY 21- 22 Unaudited General Fund Year-End Result is an informational report only with no fiscal impact at this time. The FY 21-22 Preliminary General Fund Unaudited Year-End Result includes information detailing the variances between the year-end projections and actual revenues and expenditures.

EXECUTIVE SUMMARY:

The General Fund is the chief operating fund of the City. This financial report provides an overview of the General Fund unaudited financial position as of June 30, 2022. The report summarizes the activities of the City’s General Fund to provide an overview of the City’s general fiscal condition and is not meant to be inclusive of all financial accounting transactions.

DISCUSSION:

We are pleased to present the Preliminary General Fund Year -End Result for FY 21-22.

This report was prepared without the final audit results and is subject to change depending on the audit results in progress. It is anticipated that the final audit results will be concluded by the end of January.

Note on the differences between GAAP and “cash plus encumbrances” . It should be noted
that the basis of accounting used for financial reporting purposes in accordance with Generally Accepted Accounting Principles (GAAP) is not necessarily the same basis used in preparing budget documents. For example, while governmental funds are required to use the modified accrual basis of accounting in GAAP financial statements, the cash basis of accounting or the "cash plus encumbrances" basis of accounting may be used in those same funds for budgetary purposes. Disparities between GAAP and the budgetary basis of 322
acc
ounting often occur because regulations governing budgeting (e.g., laws or ordinances of the state, county, City, or other jurisdiction) differ from GAAP. Thus, the City adopts its budgets each fiscal year on a cash plus encumbrances basis of accounting, which results in some items budgeted as expenditures, such as transfers to reserves, being reflected in the audit as balance sheet adjustments/designation of fund balance.

When the City Council developed and adopted the FY 2022-23 Budget on June 28, 2022, the estimated beginning fund balance (the estimated ending fund balance for FY 21-22) was based on the information available at the time. Most activities are not received until after June 30 and are thus accrued back into the prior fiscal year. While much effort went into developing the projections, we estimated conservatively. We did so with the uncertainty of the economic climate and the recession in mind. In addition, we actively managed our expenditures to minimize costs with even greater scrutiny as we ended the year.

Fortunately, we did finish the FY 21-22 better than anticipated.

Overall, the total FY 21-22 General Fund revenues were higher than the estimate, and expenditures came in slightly lower than the budget. In March 2020, due to a pandemic event with the coronavirus disease (COVID-19), President Biden declared a National State of Emergency. As a result, the City followed the County’s stay-at-home order which required social distancing and business closures to reduce the virus's spread. These historic efforts around the COVID-19 pandemic have caused significant downward trends to most City's revenues in California since mid- March. Fortunately, the City has not been as fiscally impacted by the pandemic as initially anticipated, and tax revenues are holding steady overall.

General Fund Revenue Analysis
General Fund Revenues

About 83% of the General Fund revenues comes from taxes in the following categories:
323
• Utilit
y Users Tax
• Sales Tax
• Property Taxes
• Vehicle License Fees (VLF)
• Business License Fees
• Document Transfer Tax
• Franchise Fees
• Transient Occupancy Tax

The chart below shows the comparison of General Fund ongoing revenues compared to prior years:

Utility Users Tax (UUT)
The Utility Users Tax (UUT) is imposed by the City on the consumption of utility services, including (but not limited to) electricity, gas, water, sewer, telephone, and cable television.

The City determines the tax rate and the use of its revenues. This tax fluctuates with consumer consumption and is assessed based on a percentage of gross receipts. As of June 30, 2022, the City has collected $3.8 million, which is $300K higher than projected in the forecast.

The U UT would have expired on January 1, 2025, unless extended by a vote of the electorate. This would have caused a significant decrease in general fund revenue needed to continue to provide vital services to the community. $-
$2.0
$4.0
$6.0
$8.0
$10.0
$12.0
$14.0
$16.0
$18.0
$20.0
FY 16-17 FY 17-18 FY 18-19 FY 19-20 FY 20-21 FY 21-22 $3.6 $3.8 $3.5 $3.5 $3.6 $3.8
$3.3 $3.2 $4.0 $4.2 $4.8
$6.3 $1.3 $1.3 $1.4 $1.4
$1.5
$1.5
$1.2 $1.2 $1.2 $1.3
$1.3
$1.5
$1.9 $2.3 $2.1 $2.2
$2.3
$2.4
$3.3
$3.8 $3.1 $2.1 $1.1
$1.5
$0.8
$1.0 $1.5
$1.2 $1.1
$1.4
(In Millions)
Miscellaneous
Program Revenues
Vehicle License Fee (VLF)
Other Taxes
Property Taxes
Sales Tax
Utility User Tax
324
On
July 21, 2022, the Hercules City Council placed Measure N on the November 8, 2022, Municipal Election to renew the UUT at its existing rate and for the UUT to be continued until changed by the voters or reduced or eliminated by Council action. The UUT had previously been extended twice for limited periods of time by Hercules voters in two previous elections.

On November 8, 2022, Measure N was approved by a majority of the voters.

The following is the history of revenues collected from UUT by category:

Sales Tax
Sales Taxes, the largest revenue source for the City’s General Fund, is remitted to the City from the State monthly. This tax preliminarily exceeded the revenue projections by $1.6 million or 35%. Overall, California sales tax cash increased by 19% from the same quarter last year. In Hercules, sales tax cash receipts increased by 35% due to an increase of $18.7 million of taxable sales. However, total Sales Tax revenue is highly concentrated within a few major operators and is s ubstantially generated from business-to-business sources.

Over 50% of the City’s sales tax is generated by its top 3 producers. The following depicts the summary history of the City’s sales tax revenues by the type of sales and use tax:

Property Tax
The City of Hercules has been classified as a low-to-no property tax jurisdiction. The City's share of the base 1% property tax rate is lower than most other jurisdictions at just a little over 5% of Hercules's total base property taxes, see below chart. Property Tax and related taxes collected through June 30, 2022, which are the current year secured and unsecured, were slightly higher compared to the budget.

FY 16-17 FY 17-18 FY 18-19 FY 19-20 FY 20-21 FY 21-22
Gas $411,680 $515,823 $399,849 $393,007 $530,463 $528,678 Electric 1,223,928 1,251,069 1,207,098 1,249,697 1,258,342 1,481,317 Telephone 959,670 883,172 737,161 600,549 528,509 544,949 Water 480,197 571,586 615,518 691,261 753,301 739,777 Cable 500,577 562,081 542,638 549,329 520,034 533,689 $3,576,052 $3,783,731 $3,502,264 $3,483,843 $3,590,649 $3,828,410 FY 16-17 FY 17-18 FY 18-19 FY 19-20 FY 20-21 FY 21-22
Bradley Burns $2,234,898 $1,933,140 $2,602,420 $2,726,712 $3,054,885 $4,223,592 Prop 172 125,912 145,876 150,480 149,045 132,649 231,806 Measure B 963,996 1,127,079 1,235,801 1,336,528 1,587,963 1,807,668 $3,324,806 $3,206,095 $3,988,701 $4,212,285 $4,775,497 $6,263,066 325
The
information below is based on FY 21-22 Weighted Average Shares by Agency:

Parks and Recreation Program Revenues
The Parks & Recreation program was closed during the pandemic and was anticipated to restart the programs slowly. As a result, staff reduced the revenue by $1 million at FY 21- 22 Midyear Update. The actual program receipts showed $281K higher than the revised forecast, meaning the program reopening was overwhelmingly more successful than projected.

326
General Fund - Expenditure Analysis

The chart below shows the comparison of General Fund ongoing expenditures compared to prior years:

This section discusses the General Fund expenditures. It includes encumbrances, which are obligation in the form of purchase orders or contracts chargeable to the budget for which a part of the budget is reserved. The FY 21 -22 budget, as revised, was $18.1 million, of which $15.4 million was ongoing and $2.7 million was one-time. Operating expenses in total are all tracking slightly below the revised budget figure. A summary of the year -to-date status of General Fund expenditures is presented in attachment 2. The operating or ongoing expenses in total by the department were slightly better than projections.

The Parks & Recreation budget was reduced by $1 million due to the anticipated slow reopening of programs and was adjusted at Midyear. However, the reopening of programs was well received by the community, and expenditures were coming in about $158K higher than the budget. The variance, however, was offset by higher program fee revenues.

General Fund – Net Annual Results and Available Fund Balance As a result, the net General Fund ended the year with a positive $3.9 million available cash balance, $2.9 million better than projected the FY 21-22 Budget, as discussed above and as presented in Attachment 1.

The City Council amended the financial policy that the General Fund surplus will be allocated as follows:
$0.00
$2.00
$4.00
$6.00
$8.00
$10.00
$12.00
$14.00
$16.00
FY 16-17 FY 17-18 FY 18-19 FY 19-20 FY 20-21 FY 21-22 $6.02 $6.41 $6.81 $7.41 $7.55 $7.76
$4.02
$4.57
$6.15 $5.00 $4.38 $4.65
$1.88
$2.08
$2.13
$2.17
$1.43
$1.95
$0.51
$0.44
$0.62
$0.61
$0.79
$0.72
$0.21
$0.47
$0.28
$0.31
$0.29
$0.31
(In Millions)
Police Administration/Other Parks and Recreation Community Development Public Works 327
• 25%
to Pension (Section 115 Trust).
• 25% to General Fund O perating Reserve until it reaches 25% of total operating expenses.
• 50% to fund unmet/deferred infrastructure and maintenance needs.

General Fund Operating Reserve
The General Fund Operating Reserve is a measure of the financial resources available. It is like a savings account for the general fund. It has been built up over the years because of revenues exceeding expenditures, primarily due to one-time savings. As of June 30, 2022, the General Fund Operating Reserve is 27% of total expenditures, which exceeded the reserve policy by 2%.

American Recovery Plan Act
To further assist government entities with the pandemic response and recovery, on March 11, 2021, the American Rescue Plan Act of 2021 (ARPA) was signed into law, making funding available through the State and Local Fiscal Recovery Funds (SLFRF) to assist states, tribal governments, and local governments. On May 10, 2021, the United States Department of Treasury released regulations and updated the local government allocation.

As part of the $1.9 trillion relief package, the City of Hercules became eligible for $6,285,778 to be paid in two installments. The City received the first payment equal to one-half of the City of Hercules’ allocation for $3,142,889 in mid- July 2021 and t he second half was received on July 31, 2022. Effective April 1, 2022, the Secretary of the Treasury adopted a final interim rule. This rule implements the Coronavirus State Fiscal Recovery Fund and the Coronavirus Local Fiscal Recovery Fund established under the American Rescue Plan Act (ARPA). The following is the summary for the use of Fiscal Recovery Funds based on the final rule:

1. General Fund Revenue Loss: The final rule offers a standard allowance for revenue loss of $10 million. Hercules staff selected the standard allowance as permissible under the revenue loss category and may use the total amount allocated of $6.2 million for government services.

ATTACHMENTS:

1. Preliminary General Fund Year-to-date Revenue Report through June 30, 2022

2. Preliminary General Fund Year-to-date Expenditure Report through June 30, 2022

3. Preliminary General Fund Summary of Revenues, Expenditures, and Changes in Available Cash Balance as of June 30, 2022

4. Presentation

328
FY 20-21
Description Budget
Unaudited
Actuals
$ Variance
Budget vs.

Actual
% Variance
Budget vs.

Actual Actuals
$ Change
Compared to
Prior Year
% Change
Compared to
Prior Year
Utility User Tax $3,509,000 $3,828,410 $319,410 9% $3,590,649 $237,76 17 % Sales Tax 4,654,675 6,263,066 1,608,391 35% 4,775,496 1,487,570 31% Property Taxes 1,520,000 1,524,791 4,791 0% 1,451,716 73,075 5% Franchise Fees 896,000 970,054 74,054 8% 862,104 107,950 13% Business Licenses 198,000 257,289 59,289 30% 268,697 (11,408) -4% Transfer Tax 132,000 199,673 67,673 51% 126,488 73,185 58% Transient Occupancy Tax 5,000 25,778 20,778 416% 7,635 18,143 238% Intergovernmental 2,418,000 2,391,327 (26,673) -1% 2,295,381 95,946 4% Fines & Forefeitures 37,000 48,663 11,663 32% 36,586 12,077 33% Program Revenues
Community Development 242,000 329,134 87,134 36% 552,090 (222,956) -40% Parks and Recreation 753,000 1,034,173 281,173 37% 396,290 637,883 161% Police 219,000 136,878 (82,122) -37% 56,088 80,790 144% Public Works 68,000 10,464 (57,536) -85% 46,908 (36,444) -78% Other 11,000 6,723 (4,277) -39% 33,571 (26,848) -80% Use of Money & Property 313,000 347,905 34,905 11% 273,414 74,491 27% Cost
allocated to other funds 719,325 624,568 (94,757) -13% 602,514 22,054 4% Transfers In - 396,816 396,816 150,000 246,816 165% $15,695,000 $18,395,712 $2,700,712 17% $15,525,627 $2,870,085 18% FY 21-22
- 1,000,000 2,000,000 3,000,000 4,000,000 5,000,000 6,000,000 7,000,000 Utility User Tax
Sales Tax
Property Taxes
Other Taxes
Program Revenues
Miscellaneous
City of Hercules
General Fund Unaudited
Year-to-date Ongoing Revenue Report through June 30
Comparison (Estimated Revenues vs. Actual)
FY 20-21 Actuals FY 21-22 Unaudited Actuals FY 21-22 Budget 329
FY 20-21
Description Budget
Unaudited
Actuals
$ Variance
Budget vs.

Actual
% Variance
Budget vs.

Actual Actuals
$ Change
Compared to
Prior Year
% Change
Compared to
Prior Year
Police $7,607,287 $7,759,504 ($15 2,217) 2% $7,549, 028 ($210,476) 3% Public Works 424,428 313,571 110,857 -26% 292,525 (21,046) 7% Community Development 725,810 724,190 1,620 0% 792,456 68,266 -9% Parks and Recreation 1,793,804 1,952,419 (158,615) 9% 1,434,988 (517,431) 36% Administration
City Council 331,114 330,296 818 0% 407,588 77,292 -19% City Manager 497,208 496,216 992 0% 360,115 (136,101) 38% Legal 265,000 209,134 55,866 -21% 154,562 (54,572) 35% Administrative Services 718,643 685,121 33,522 -5% 679,382 (5,739) 1% Finance 1,155,608 1,114,284 41,324 -4% 1,124,876 10,592 -1% Workers Comp/General Liability 1,235,837 1,135,659 100,178 -8% 1,081,116 (54,543) 5% Non-Department 260,000 260,000 - 0% 366,938 106,938 -29% Transfers Out 423,000 423,542 (542) 0% 205,099 (218,443) 107% $15,437,739 $15,403,936 $33,803 0% $14,448,673 ($955,263) 7% FY 21-22
- 1,000,000 2,000,000 3,000,000 4,000,000 5,000,000 6,000,000 7,000,000 8,000,000 9,000,000 Police
Public Works
Community Development
Parks and Recreation
Administration
Workers Comp/General Liability
Non-Department
Transfers Out
City of Hercules
General Fund Unaudited
Year-to-date Ongoing Expenditure Report through June 30 Comparison (Budget vs. Actual)
FY 20-21 Actuals FY 21-22 Unaudited Actuals FY 21-22 Budget 330
City of Hercules
General Fund
FY 21-22 Unaudited Year-End Results
Budget
Actual Including
Outstanding
Encumbrances Variance
Beginning Available Balance $2,138,826 $2,138,826 $0
Revenues
Taxes
Utility User Tax 3,509,000 3,828,410 319,410 Sales Tax 4,654,675 6,263,066 1,608,391 Property Taxes 1,520,000 1,524,791 4,791 Franchise Fees 896,000 970,054 74,054 Business Licenses 198,000 257,289 59,289 Transfer Tax 132,000 199,673 67,673 Transient Occupancy Tax 5,000 25,778 20,778 Intergovernmental 2,418,000 2,391,327 (26,673) Fines & Forefeitures 37,000 48,663 11,663 Program Revenues
Community Development 242,000 329,134 87,134 Parks and Recreation 753,000 1,034,173 281,173 Police 219,000 136,878 (82,122) Public Works 68,000 10,464 (57,536) Other 11,000 6,723 (4,277) Use of Money & Property 313,000 347,905 34,905 Cost allocated to other funds 719,325 624,568 (94,757) Transfers In - AB3229 C.O.P.S Grant 150,000 150,000 - Transfers In - GF CIP Savings - 246,816 246,816 15,845,000 18,395,712 2,550,712
Expenditures
Police 7,607,287 7,759,504 152,217 Public Works 424,428 313,571 (110,857) Community Development 725,810 724,190 (1,620) Parks and Recreation 1,793,804 1,952,419 158,615 City Council 331,114 330,296 (818) City Manager 497,208 496,216 (992) Legal Services 265,000 209,134 (55,866) Administrative Services 718,643 685,121 (33,522) Finance 1,155,608 1,114,284 (41,324) Workers Comp/General Liability 1,235,837 1,135,659 (100,178) Non-Department 260,000 260,000 - Transfers Out 423,000 423,542 542 15,437,739 15,403,936 (33,803)
Net Annual Activity
Baseline Operations 407,261 2,991,776 2,584,515 One-Time Revenues 1,056,000 1,431,000 375,000 One-Time Expenditures (2,062,475) (2,048,555) 13,920 DOF Settlement (604,025) (604,025) - Ending Available Balance, Without ARPA $935,587 $3,909,022 $2,973,435 One-Time ARPA (Loss of Revenue) 2,918,338 3,142,889 224,551 One-Time ARPA Expenditures (971,000) (971,000) - Ending Available Balance, With ARPA $2,882,925 $6,080,911 $3,197,986 Operating Reserve:

Beginning Balance $4,034,517 $4,034,517 $0
Current Year Contribution - - - Interest Income 174,612 187,641 13,029 Ending Balance $4,209,129 $4,222,158 $13,029
% of Projected Operating Expenditures 27% 27%
331
Preliminary General Fund Results
For the year ending June 30, 2022
Finance Commission
November 16, 2022
332
Presentation

RECEIVE UPDATE ON GENERAL

FUND PRELIMINARY YEAR-END

RESULTS

GENERAL FUND REVENUES

PRELIMINARY YEAR-END

RESULTS

GENERAL FUND EXPENDITURE

PRELIMINARY YEAR-END

RESULTS
333
General Fund
Highlights
X Steady revenue growth
improves the City’s
financial position
X General Tax revenues
continue to show
positive results
X Overall, the General
Fund revenues were
higher than
anticipated and
expenditures came
below budget
334
General Fund
Total Revenues
335
General Fund
Revenues – Preliminary Results
336
General Fund
Expenditures – Preliminary Results
337
General Fund
Net Operating Results - Preliminary
Positive
Results
338
General Fund
FY 21-22 Summary
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30>+<.$<91<+7

. 98><+-> %$.7383=><+>398

(9>,6)=091?8/

4<=>(<,8.30
&$1?8/482<0.04@0/
&07,48482,6,8.0,=91?80

340
Questions?
341

Hercules City CouncilJanuary 10, 2023

Hercules City Council
January 10, 2023