Pinole City Council
October 21, 2025

City of Pinole
BSCC 1352-25

EXHIBIT E: FY 2022-2023 & FY 2024 BYRNE SCIP FEDERAL CONDITIONS Rev 04/2020
FY 2024 Byrne SCIP Federal Conditions

1. Meaningful access requirement for individuals with limited English proficiency The recipient, and any subrecipient at any tier, must take reasonable steps to ensure that individuals with limited English proficiency (LEP) have meaningful access to their programs and activities to comply with Title VI of the Civil Rights Act of 1964 (Title VI), which prohibits discrimination on the basis of national origin, including discrimination against individuals with LEP. Such steps may require providing language assistance services, such as interpretation or translation services. The Department of Justice guidance on compliance with this requirement may be found at "Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons" (67 Fed. Reg. 41455-41472) (https://www.federalregister.gov/d/02-15207) and is incorporated by reference here.

2. Compliance with general appropriations-law restrictions on the use of federal funds (FY 2024) The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable restrictions on the use of federal funds set out in federal appropriations statutes. Pertinent restrictions that may be set out in applicable appropriations acts are indicated at https://ojp.gov/funding/Explore/FY24AppropriationsRestrictions.htm, and are incorporated by reference here.

Should a question arise as to whether a particular use of federal funds by a recipient (or a subrecipient) would or might fall within the scope of an appropriations-law restriction, the recipient is to contact OJP for guidance, and may not proceed without the express prior written approval of OJP.

3. Requirements of the award; remedies for non-compliance or for materially false statements The conditions of this award are material requirements of the award. Compliance with any assurances or certifications submitted by or on behalf of the recipient that relate to conduct during the period of performance also is a material requirement of this award.

Limited Exceptions. In certain special circumstances, the U.S. Department of Justice ("DOJ") may determine that it will not enforce, or enforce only in part, one or more requirements otherwise applicable to the award. Any such exceptions regarding enforcement, including any such exceptions made during the period of performance, are (or will be during the period of performance) set out through the Office of Justice Programs ("OJP") webpage entitled "Legal Notices: Special circumstances as to particular award conditions" (https://ojp.gov/funding/Explore/LegalNotices-AwardReqts.htm), and incorporated by reference into the award.

By signing and accepting this award on behalf of the recipient, the authorized recipient official accepts all material requirements of the award, and specifically adopts, as if personally executed by the authorized recipient official, all assurances or certifications submitted by or on behalf of the recipient that relate to conduct during the period of performance.

Failure to comply with one or more award requirements -- whether a condition set out in full below, a condition incorporated by reference below, or an assurance or certification related to

City of Pinole
BSCC 1352-25

EXHIBIT E: FY 2022-2023 & FY 2024 BYRNE SCIP FEDERAL CONDITIONS Rev 04/2020
conduct during the award period -- may result in OJP taking appropriate action with respect to the recipient and the award. Among other things, the OJP may withhold award funds, disallow costs, or suspend or terminate the award. DOJ, including OJP, also may take other legal action as appropriate.

Any materially false, fictitious, or fraudulent statement to the federal government related to this award (or concealment or omission of a material fact) may be the subject of criminal prosecution (including under 18 U.S.C. 1001 and/or 1621, and/or 34 U.S.C. 10271-10273), and also may lead to imposition of civil penalties and administrative remedies for false claims or otherwise (including under 31 U.S.C. 3729-3730 and 3801-3812).

Should any provision of a requirement of this award be held to be invalid or unenforceable by its terms, that provision shall first be applied with a limited construction so as to give it the maximum effect permitted by law. Should it be held, instead, that the provision is utterly invalid or -unenforceable, such provision shall be deemed severable from this award.

4. Effect of failure to address audit issues
The recipient understands and agrees that the DOJ awarding agency (OJP or OVW, as appropriate) may withhold award funds, or may impose other related requirements, if (as determined by the DOJ awarding agency) the recipient does not satisfactorily and promptly address outstanding issues from audits required by the Part 200 Uniform Requirements (or by the terms of this award), or other outstanding issues that arise in connection with audits, investigations, or reviews of DOJ awards.

5. Applicability of Part 200 Uniform Requirements
The Uniform Administrative Requirements, Cost Principles, and Audit Requirements in 2 C.F.R.

Part 200, as adopted and supplemented by DOJ in 2 C.F.R. Part 2800 (together, the "Part 200 Uniform Requirements") apply to this award from OJP.

For more information and resources on the Part 200 Uniform Requirements as they relate to OJP awards and subawards ("subgrants"), see the OJP website at https://ojp.gov/funding/Part200UniformRequirements.htm.

Record retention and access: Records pertinent to the award that the recipient (and any subrecipient ("subgrantee") at any tier) must retain -- typically for a period of 3 years from the date of submission of the final expenditure report (SF 425), unless a different retention period applies -- and to which the recipient (and any subrecipient ("subgrantee") at any tier) must provide access, include performance measurement information, in addition to the financial records, supporting documents, statistical records, and other pertinent records indicated at 2 C.F.R. 200.334.

In the event that an award-related question arises from documents or other materials prepared or distributed by OJP that may appear to conflict with, or differ in some way from, the provisions of the Part 200 Uniform Requirements, the recipient is to contact OJP promptly for clarification.

City of Pinole
BSCC 1352-25

EXHIBIT E: FY 2022-2023 & FY 2024 BYRNE SCIP FEDERAL CONDITIONS Rev 04/2020

6. Reporting potential fraud, waste, and abuse, and similar misconduct The recipient, and any subrecipients ("subgrantees") at any tier, must promptly refer to the DOJ Office of the Inspector General (OIG) any credible evidence that a principal, employee, agent, subrecipient, contractor, subcontractor, or other person has, in connection with funds under this award-- (1) submitted a claim that violates the False Claims Act; or (2) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct.

Potential fraud, waste, abuse, or misconduct involving or relating to funds under this award should be reported to the OIG by--(1) online submission accessible via the OIG webpage at https://oig.justice.gov/hotline/contact-grants.htm (select "Submit Report Online"); (2) mail directed to: U.S. Department of Justice, Office of the Inspector General, Investigations Division, ATTN: Grantee Reporting, 950 Pennsylvania Ave., NW, Washington, DC 20530; and/or (3) by facsimile directed to the DOJ OIG Investigations Division (Attn: Grantee Reporting) at (202) 616- 9881 (fax).

Additional information is available from the DOJ OIG website at https://oig.justice.gov/hotline.

7. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 38 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 38.

Among other things, 28 C.F.R. Part 38 includes rules that prohibit specific forms of discrimination on the basis of religion, a religious belief, a refusal to hold a religious belief, or refusal to attend or participate in a religious practice. Part 38 also sets out rules and requirements that pertain to recipient and subrecipient ("subgrantee") organizations that engage in or conduct explicitly religious activities, as well as rules and requirements that pertain to recipients and subrecipients that are faith-based or religious organizations.

Recipients and subrecipients that provide social services under this award must give written notice to beneficiaries and prospective beneficiaries prior to the provision of services (if practicable) which shall include language substantially similar to the language in 28 CFR Part 38, Appendix C, sections (1) through (4). A sample written notice may be found at https://www.ojp.gov/program/civil-rights-office/partnerships-faith-based-and-other-neighborhoodorganizations.

In certain instances, a faith-based or religious organization may be able to take religion into account when making hiring decisions, provided it satisfies certain requirements. For more information, please see
https://www.ojp.gov/funding/explore/legaloverview2024/civilrightsrequirements.

8. Requirements related to "de minimis" indirect cost rate A recipient that is eligible under the Part 200 Uniform Requirements and other applicable law to use the "de minimis" indirect cost rate described in 2 C.F.R. 200.414(f), and that elects to use the "de minimis" indirect cost rate, must advise OJP in writing of both its eligibility and its

City of Pinole
BSCC 1352-25

EXHIBIT E: FY 2022-2023 & FY 2024 BYRNE SCIP FEDERAL CONDITIONS Rev 04/2020
election, and must comply with all associated requirements in the Part 200 Uniform Requirements. The "de minimis" rate may be applied only to modified total direct costs (MTDC) as defined by the Part 200 Uniform Requirements.

9. Compliance with applicable rules regarding approval, planning, and reporting of conferences, meetings, trainings, and other events
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable laws, regulations, policies, and official DOJ guidance (including specific cost limits, prior approval and reporting requirements, where applicable) governing the use of federal funds for expenses related to conferences (as that term is defined by DOJ), including the provision of food and/or beverages at such conferences, and costs of attendance at such conferences.

Information on the pertinent DOJ definition of conferences and the rules applicable to this award appears in the DOJ Grants Financial Guide (currently, as section 3.10 of "Postaward Requirements" in the "DOJ Grants Financial Guide").

10. Requirement for data on performance and effectiveness under the award The recipient must collect and maintain data that measure the performance and effectiveness of work under this award. The data must be provided to OJP in the manner (including within the timeframes) specified by OJP in the program solicitation or other applicable written guidance.

Data collection supports compliance with the Government Performance and Results Act (GPRA) and the GPRA Modernization Act of 2010, and other applicable laws.

11. Compliance with DOJ Grants Financial Guide
References to the DOJ Grants Financial Guide are to the DOJ Grants Financial Guide as posted on the OJP website (currently, the "DOJ Grants Financial Guide" available at https://ojp.gov/financialguide/DOJ/index.htm), including any updated version that may be posted during the period of performance. The recipient agrees to comply with the DOJ Grants Financial Guide.

12. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 42 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 42, specifically including any applicable requirements in Subpart E of 28 C.F.R. Part 42 that relate to an equal employment opportunity program.

Among other items, 28 C.F.R. § 42.106(d), 28 C.F.R. § 42.405(c), and 28 C.F.R. § 42.505(f) contain notice requirements that covered recipients must follow regarding the dissemination of information regarding federal nondiscrimination requirements.

13. Determination of suitability to interact with participating minors SCOPE. This condition applies to this award if it is indicated -- in the application for the award (as approved by DOJ)(or in the application for any subaward, at any tier), the DOJ funding announcement (solicitation), or an associated federal statute -- that a purpose of some or all of

City of Pinole
BSCC 1352-25

EXHIBIT E: FY 2022-2023 & FY 2024 BYRNE SCIP FEDERAL CONDITIONS Rev 04/2020
the activities to be carried out under the award (whether by the recipient, or a subrecipient at any tier) is to benefit a set of individuals under 18 years of age.

The recipient, and any subrecipient at any tier, must make determinations of suitability before certain individuals may interact with participating minors. This requirement applies regardless of an individual's employment status.

The details of this requirement are posted on the OJP web site at https://ojp.gov/funding/Explore/Interact-Minors.htm (Award condition: Determination of suitability required, in advance, for certain individuals who may interact with participating minors), and are incorporated by reference here.

14. Requirement to disclose whether recipient is designated "high risk" by a federal grant-making agency outside of DOJ
If the recipient is designated "high risk" by a federal grant-making agency outside of DOJ, currently or at any time during the course of the period of performance under this award, the recipient must disclose that fact and certain related information to OJP by email at [email protected]. For purposes of this disclosure, high risk includes any status under which a federal awarding agency provides additional oversight due to the recipient's past performance, or other programmatic or financial concerns with the recipient. The recipient's disclosure must include the following: 1. The federal awarding agency that currently designates the recipient high risk, 2. The date the recipient was designated high risk, 3. The high-risk point of contact at that federal awarding agency (name, phone number, and email address), and 4. The reasons for the high-risk status, as set out by the federal awarding agency.

15. Employment eligibility verification for hiring under the award

1. The recipient (and any subrecipient at any tier) must-- A. Ensure that, as part of the hiring process for any position within the United States that is or will be funded (in whole or in part) with award funds, the recipient (or any subrecipient) properly verifies the employment eligibility of the individual who is being hired, consistent with the provisions of 8 U.S.C. 1324a(a)(1).

B. Notify all persons associated with the recipient (or any subrecipient) who are or will be involved in activities under this award of both--
(1) this award requirement for verification of employment eligibility, and (2) the associated provisions in 8 U.S.C. 1324a(a)(1) that, generally speaking, make it unlawful, in the United States, to hire (or recruit for employment) certain aliens.

C. Provide training (to the extent necessary) to those persons required by this condition to be notified of the award requirement for employment eligibility verification and of the associated provisions of 8 U.S.C. 1324a(a)(1).

D. As part of the recordkeeping for the award (including pursuant to the Part 200 Uniform Requirements), maintain records of all employment eligibility verifications pertinent to

City of Pinole
BSCC 1352-25

EXHIBIT E: FY 2022-2023 & FY 2024 BYRNE SCIP FEDERAL CONDITIONS Rev 04/2020
compliance with this award condition in accordance with Form I-9 record retention requirements, as well as records of all pertinent notifications and trainings.

2. Monitoring
The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition.

3. Allowable costs
To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the reasonable, necessary, and allocable costs (if any) of actions designed to ensure compliance with this condition.

4. Rules of construction
A. Staff involved in the hiring process
For purposes of this condition, persons "who are or will be involved in activities under this award" specifically includes (without limitation) any and all recipient (or any subrecipient) officials or other staff who are or will be involved in the hiring process with respect to a position that is or will be funded (in whole or in part) with award funds.

B. Employment eligibility confirmation with E-Verify
For purposes of satisfying the requirement of this condition regarding verification of employment eligibility, the recipient (or any subrecipient) may choose to participate in, and use, E-Verify (www.e-verify.gov), provided an appropriate person authorized to act on behalf of the recipient (or subrecipient) uses E-Verify (and follows the proper E-Verify procedures, including in the event of a "Tentative Nonconfirmation" or a "Final Nonconfirmation") to confirm employment eligibility for each hiring for a position in the United States that is or will be funded (in whole or in part) with award funds.

C. "United States" specifically includes the District of Columbia, Puerto Rico, Guam, the Virgin Islands of the United States, and the Commonwealth of the Northern Mariana Islands.

D. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, or any person or other entity, to violate any federal law, including any applicable civil rights or nondiscrimination law.

E. Nothing in this condition, including in paragraph 4.B., shall be understood to relieve any recipient, any subrecipient at any tier, or any person or other entity, of any obligation otherwise imposed by law, including 8 U.S.C. 1324a(a)(1).

Questions about E-Verify should be directed to DHS. For more information about E-Verify visit the E-Verify website (https://www.e-verify.gov/) or email E-Verify at [email protected]. E-Verify employer agents can email E-Verify at [email protected].

City of Pinole
BSCC 1352-25

EXHIBIT E: FY 2022-2023 & FY 2024 BYRNE SCIP FEDERAL CONDITIONS Rev 04/2020
Questions about the meaning or scope of this condition should be directed to OJP, before award acceptance.

16. Encouragement of policies to ban text messaging while driving Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Fed. Reg. 51225 (October 1, 2009), DOJ encourages recipients and subrecipients ("subgrantees") to adopt and enforce policies banning employees from text messaging while driving any vehicle during the course of performing work funded by this award, and to establish workplace safety policies and conduct education, awareness, and other outreach to decrease crashes caused by distracted drivers.

17. Reclassification of various statutory provisions to a new Title 34 of the United States Code On September 1, 2017, various statutory provisions previously codified elsewhere in the U.S.

Code were editorially reclassified (that is, moved and renumbered) to a new Title 34, entitled "Crime Control and Law Enforcement." The reclassification encompassed a number of statutory provisions pertinent to OJP awards (that is, OJP grants and cooperative agreements), including many provisions previously codified in Title 42 of the U.S. Code.

Effective as of September 1, 2017, any reference in this award document to a statutory provision that has been reclassified to the new Title 34 of the U.S. Code is to be read as a reference to that statutory provision as reclassified to Title 34. This rule of construction specifically includes references set out in award conditions, references set out in material incorporated by reference through award conditions, and references set out in other award requirements.

18. Restrictions and certifications regarding non-disclosure agreements and related matters No recipient or subrecipient ("subgrantee") under this award, or entity that receives a procurement contract or subcontract with any funds under this award, may require any employee or contractor to sign an internal confidentiality agreement or statement that prohibits or otherwise restricts, or purports to prohibit or restrict, the reporting (in accordance with law) of waste, fraud, or abuse to an investigative or law enforcement representative of a federal department or agency authorized to receive such information.

The foregoing is not intended, and shall not be understood by the agency making this award, to contravene requirements applicable to Standard Form 312 (which relates to classified information), Form 4414 (which relates to sensitive compartmented information), or any other form issued by a federal department or agency governing the nondisclosure of classified information.

1. In accepting this award, the recipient--
a. represents that it neither requires nor has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and
b. certifies that, if it learns or is notified that it is or has been requiring its employees or

City of Pinole
BSCC 1352-25

EXHIBIT E: FY 2022-2023 & FY 2024 BYRNE SCIP FEDERAL CONDITIONS Rev 04/2020
contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds, will provide prompt written notification to the federal agency making this award, and will resume (or permit resumption of) such obligations only if expressly authorized to do so by that agency.

2. If the recipient does or is authorized under this award to make subawards ("subgrants"), procurement contracts, or both--
a. it represents that--
(1) it has determined that no other entity that the recipient's application proposes may or will receive award funds (whether through a subaward ("subgrant"), procurement contract, or subcontract under a procurement contract) either requires or has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and
(2) it has made appropriate inquiry, or otherwise has an adequate factual basis, to support this representation; and
b. it certifies that, if it learns or is notified that any subrecipient, contractor, or subcontractor entity that receives funds under this award is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds to or by that entity, will provide prompt written notification to the federal agency making this award, and will resume (or permit resumption of) such obligations only if expressly authorized to do so by that agency.

19. OJP Training Guiding Principles
Any training or training materials that the recipient -- or any subrecipient ("subgrantee") at any tier -- develops or delivers with OJP award funds must adhere to the OJP Training Guiding Principles for Grantees and Subgrantees, available at
https://www.ojp.gov/funding/implement/training-guiding-principles-grantees-and-subgrantees.

20. Specific post-award approval required to use a noncompetitive approach in any procurement contract that would exceed $250,000
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements to obtain specific advance approval to use a noncompetitive approach in any procurement contract that would exceed the Simplified Acquisition Threshold (currently, $250,000). This condition applies to agreements that -- for purposes of federal grants administrative requirements -- OJP considers a procurement "contract" (and therefore does not consider a subaward).

The details of the requirement for advance approval to use a noncompetitive approach in a procurement contract under an OJP award are posted on the OJP web site at https://ojp.gov/funding/Explore/NoncompetitiveProcurement.htm (Award condition: Specific postPage 155 of 319 City of Pinole
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EXHIBIT E: FY 2022-2023 & FY 2024 BYRNE SCIP FEDERAL CONDITIONS Rev 04/2020
award approval required to use a noncompetitive approach in a procurement contract (if contract would exceed $250,000)), and are incorporated by reference here.

21. Requirement to report potentially duplicative funding If the recipient currently has other active awards of federal funds, or if the recipient receives any other award of federal funds during the period of performance for this award, the recipient promptly must determine whether funds from any of those other federal awards have been, are being, or are to be used (in whole or in part) for one or more of the identical cost items for which funds are provided under this award. If so, the recipient must promptly notify the DOJ awarding agency (OJP or OVW, as appropriate) in writing of the potential duplication, and, if so requested by the DOJ awarding agency, must seek a budget-modification or change-of-project-scope Grant Award Modification (GAM) to eliminate any inappropriate duplication of funding.

22. Required training for Grant Award Administrator and Financial Manager The Grant Award Administrator and all Financial Managers for this award must have successfully completed an "OJP financial management and grant administration training" by 120 days after the date of the recipient's acceptance of the award. Successful completion of such a training on or after January 1, 2021, will satisfy this condition.

In the event that either the Grant Award Administrator or a Financial Manager for this award changes during the period of performance, the new Grant Award Administrator or Financial Manager must have successfully completed an "OJP financial management and grant administration training" by 120 calendar days after the date the Entity Administrator enters updated Grant Award Administrator or Financial Manager information in JustGrants. Successful completion of such a training on or after January 1, 2021, will satisfy this condition.

A list of OJP trainings that OJP will consider "OJP financial management and grant administration training" for purposes of this condition is available at https://onlinegfmt.training.ojp.gov/. All trainings that satisfy this condition include a session on grant fraud prevention and detection.

The recipient should anticipate that OJP will immediately withhold ("freeze") award funds if the recipient fails to comply with this condition. The recipient's failure to comply also may lead OJP to impose additional appropriate conditions on this award.

23. Compliance with 41 U.S.C. 4712 (including prohibitions on reprisal; notice to employees) The recipient (and any subrecipient at any tier) must comply with, and is subject to, all applicable provisions of 41 U.S.C. 4712, including all applicable provisions that prohibit, under specified circumstances, discrimination against an employee as reprisal for the employee's disclosure of information related to gross mismanagement of a federal grant, a gross waste of federal funds, an abuse of authority relating to a federal grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal grant.

The recipient also must inform its employees, in writing (and in the predominant native language of the workforce), of employee rights and remedies under 41 U.S.C. 4712.

City of Pinole
BSCC 1352-25

EXHIBIT E: FY 2022-2023 & FY 2024 BYRNE SCIP FEDERAL CONDITIONS Rev 04/2020
Should a question arise as to the applicability of the provisions of 41 U.S.C. 4712 to this award, the recipient is to contact the DOJ awarding agency (OJP or OVW, as appropriate) for guidance.

24. Requirements pertaining to prohibited conduct related to trafficking in persons (including reporting requirements and OJP authority to terminate award) The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements (including requirements to report allegations) pertaining to prohibited conduct related to the trafficking of persons, whether on the part of recipients, subrecipients ("subgrantees"), or individuals defined (for purposes of this condition) as "employees" of the recipient or of any subrecipient.

The details of the recipient's obligations related to prohibited conduct related to trafficking in persons are posted on the OJP web site at https://ojp.gov/funding/Explore/ProhibitedConductTrafficking.htm (Award condition: Prohibited conduct by recipients and subrecipients related to trafficking in persons (including reporting requirements and OJP authority to terminate award)), and are incorporated by reference here.

25. Potential imposition of additional requirements
The recipient agrees to comply with any additional requirements that may be imposed by the DOJ awarding agency (OJP or OVW, as appropriate) during the period of performance for this award, if the recipient is designated as "high-risk" for purposes of the DOJ high-risk grantee list.

26. Requirement to report actual or imminent breach of personally identifiable information (PII) The recipient (and any "subrecipient" at any tier) must have written procedures in place to respond in the event of an actual or imminent "breach" (OMB M-17-12) if it (or a subrecipient) -- (1) creates, collects, uses, processes, stores, maintains, disseminates, discloses, or disposes of "Personally Identifiable Information (PII)" (2 CFR 200.1) within the scope of an OJP grant-funded program or activity, or (2) uses or operates a "Federal information system" (OMB Circular A130). The recipient's breach procedures must include a requirement to report actual or imminent breach of PII to an OJP Program Manager no later than 24 hours after an occurrence of an actual breach, or the detection of an imminent breach.

27. Requirements related to System for Award Management and Universal Identifier Requirements The recipient must comply with applicable requirements regarding the System for Award Management (SAM), currently accessible at https://www.sam.gov/. This includes applicable requirements regarding registration with SAM, as well as maintaining the currency of information in SAM.

The recipient also must comply with applicable restrictions on subawards ("subgrants") to firsttier subrecipients (first-tier "subgrantees"), including restrictions on subawards to entities that do not acquire and provide (to the recipient) the unique entity identifier required for SAM registration.

The details of the recipient's obligations related to SAM and to unique entity identifiers are posted on the OJP web site at https://ojp.gov/funding/Explore/SAM.htm (Award condition:

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EXHIBIT E: FY 2022-2023 & FY 2024 BYRNE SCIP FEDERAL CONDITIONS Rev 04/2020
System for Award Management (SAM) and Universal Identifier Requirements), and are incorporated by reference here.

This condition does not apply to an award to an individual who received the award as a natural person (i.e., unrelated to any business or non-profit organization that he or she may own or operate in his or her name).

28. Compliance with restrictions on the use of federal funds--prohibited and controlled equipment under OJP awards
Consistent with Executive Order 14074, “Advancing Effective, Accountable Policing and Criminal Justice Practices To Enhance Public Trust and Public Safety,” OJP has prohibited the use of federal funds under this award for purchases or transfers of specified equipment by law enforcement agencies. In addition, OJP requires the recipient, and any subrecipient (“subgrantee”) at any tier, to put in place specified controls prior to using federal funds under this award to acquire or transfer any property identified on the “controlled equipment” list. The details of the requirement are posted on the OJP web site at
https://www.ojp.gov/funding/explore/prohibited-and-controlled-equipment (Award condition:

Compliance with restrictions on the use of federal funds--prohibited and controlled equipment under OJP awards), and are incorporated by reference here.

29. Restrictions on "lobbying"
In general, as a matter of federal law, federal funds awarded by OJP may not be used by the recipient, or any subrecipient ("subgrantee") at any tier, either directly or indirectly, to support or oppose the enactment, repeal, modification, or adoption of any law, regulation, or policy, at any level of government. See 18 U.S.C. 1913. (There may be exceptions if an applicable federal statute specifically authorizes certain activities that otherwise would be barred by law.) Another federal law generally prohibits federal funds awarded by OJP from being used by the recipient, or any subrecipient at any tier, to pay any person to influence (or attempt to influence) a federal agency, a Member of Congress, or Congress (or an official or employee of any of them) with respect to the awarding of a federal grant or cooperative agreement, subgrant, contract, subcontract, or loan, or with respect to actions such as renewing, extending, or modifying any such award. See 31 U.S.C. 1352. Certain exceptions to this law apply, including an exception that applies to Indian tribes and tribal organizations.

Should any question arise as to whether a particular use of federal funds by a recipient (or subrecipient) would or might fall within the scope of these prohibitions, the recipient is to contact OJP for guidance, and may not proceed without the express prior written approval of OJP.

30. All subawards ("subgrants") must have specific federal authorization The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements for authorization of any subaward. This condition applies to agreements that -- for purposes of federal grants administrative requirements -- OJP considers a "subaward" (and therefore does not consider a procurement "contract").

The details of the requirement for authorization of any subaward are posted on the OJP web site

City of Pinole
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EXHIBIT E: FY 2022-2023 & FY 2024 BYRNE SCIP FEDERAL CONDITIONS Rev 04/2020
at https://ojp.gov/funding/Explore/SubawardAuthorization.htm (Award condition: All subawards ("subgrants") must have specific federal authorization), and are incorporated by reference here.

31. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 54 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 54, which relates to nondiscrimination on the basis of sex in certain "education programs."
Among other items, 28 C.F.R. § 54.140 contains notice requirements that covered recipients must follow regarding the dissemination of information regarding federal nondiscrimination requirements.

32. FFATA reporting: Subawards and executive compensation The recipient must comply with applicable requirements to report first-tier subawards ("subgrants") of $30,000 or more and, in certain circumstances, to report the names and total compensation of the five most highly compensated executives of the recipient and first-tier subrecipients (first-tier "subgrantees") of award funds. The details of recipient obligations, which derive from the Federal Funding Accountability and Transparency Act of 2006 (FFATA), are posted on the OJP web site at https://ojp.gov/funding/Explore/FFATA.htm (Award condition:

Reporting Subawards and Executive Compensation), and are incorporated by reference here.

This condition, including its reporting requirement, does not apply to-- (1) an award of less than $30,000, or (2) an award made to an individual who received the award as a natural person (i.e., unrelated to any business or non-profit organization that he or she may own or operate in his or her name).

33. Cooperating with OJP Monitoring
The recipient agrees to cooperate with OJP monitoring of this award pursuant to OJP's guidelines, protocols, and procedures, and to cooperate with OJP (including the grant manager for this award and the Office of Chief Financial Officer (OCFO)) requests related to such monitoring, including requests related to desk reviews and/or site visits. The recipient agrees to provide to OJP all documentation necessary for OJP to complete its monitoring tasks, including documentation related to any subawards made under this award. Further, the recipient agrees to abide by reasonable deadlines set by OJP for providing the requested documents. Failure to cooperate with OJP's monitoring activities may result in actions that affect the recipient's DOJ awards, including, but not limited to: withholdings and/or other restrictions on the recipient's access to award funds; referral to the DOJ OIG for audit review; designation of the recipient as a DOJ High Risk grantee; or termination of an award(s).

34. Required monitoring of subawards
The recipient must monitor subawards under this award in accordance with all applicable statutes, regulations, award conditions, and the DOJ Grants Financial Guide, and must include the applicable conditions of this award in any subaward. Among other things, the recipient is

City of Pinole
BSCC 1352-25

EXHIBIT E: FY 2022-2023 & FY 2024 BYRNE SCIP FEDERAL CONDITIONS Rev 04/2020
responsible for oversight of subrecipient spending and monitoring of specific outcomes and benefits attributable to use of award funds by subrecipients. The recipient agrees to submit, upon request, documentation of its policies and procedures for monitoring of subawards under this award.

35. Use of program income
Program income (as defined in the Part 200 Uniform Requirements) must be used in accordance with the provisions of the Part 200 Uniform Requirements. Program income earnings and expenditures both must be reported on the quarterly Federal Financial Report, SF 425.

36. Justice Information Sharing
Information sharing projects funded under this award must comply with DOJ's Global Justice Information Sharing Initiative (Global) guidelines. The recipient (and any subrecipient at any tier) must conform to the Global Standards Package (GSP) and all constituent elements, where applicable, as described at: https://it.ojp.gov/gsp_grantcondition. The recipient (and any subrecipient at any tier) must document planned approaches to information sharing and describe compliance with the GSP and appropriate privacy policy that protects shared information, or provide detailed justification for why an alternative approach is recommended.

37. Avoidance of duplication of networks
To avoid duplicating existing networks or IT systems in any initiatives funded by BJA for law enforcement information sharing systems which involve interstate connectivity between jurisdictions, such systems shall employ, to the extent possible, existing networks as the communication backbone to achieve interstate connectivity, unless the recipient can demonstrate to the satisfaction of BJA that this requirement would not be cost effective or would impair the functionality of an existing or proposed IT system.

38. Compliance with 28 C.F.R. Part 23
With respect to any information technology system funded or supported by funds under this award, the recipient (and any subrecipient at any tier) must comply with 28 C.F.R. Part 23, Criminal Intelligence Systems Operating Policies, if OJP determines this regulation to be applicable. Should OJP determine 28 C.F.R. Part 23 to be applicable, OJP may, at its discretion, perform audits of the system, as per the regulation. Should any violation of 28 C.F.R. Part 23 occur, the recipient may be fined as per 34 U.S.C. 10231(c)-(d). The recipient may not satisfy such a fine with federal funds.

39. Protection of human research subjects
The recipient (and any subrecipient at any tier) must comply with the requirements of 28 C.F.R.

Part 46 and all OJP policies and procedures regarding the protection of human research subjects, including obtainment of Institutional Review Board approval, if appropriate, and subject informed consent.

40. Confidentiality of data

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The recipient (and any subrecipient at any tier) must comply with all confidentiality requirements of 34 U.S.C. 10231 and 28 C.F.R. Part 22 that are applicable to collection, use, and revelation of data or information. The recipient further agrees, as a condition of award approval, to submit a Privacy Certificate that is in accord with requirements of 28 C.F.R. Part 22 and, in particular, 28 C.F.R. 22.23.

41. The award recipient agrees to participate in a data collection process measuring program outputs and outcomes. The data elements for this process will be outlined by the Office of Justice Programs.

42. The recipient agrees to cooperate with any assessments, national evaluation efforts, or information or data collection requests, including, but not limited to, the provision of any information required for the assessment or evaluation of any activities within this project.

43. Any Web site that is funded in whole or in part under this award must include the following statement on the home page, on all major entry pages (i.e., pages (exclusive of documents) whose primary purpose is to navigate the user to interior content), and on any pages from which a visitor may access or use a Web-based service, including any pages that provide results or outputs from the service:
"This Web site is funded [insert "in part," if applicable] through a grant from the [insert name of OJP component], Office of Justice Programs, U.S. Department of Justice. Neither the U.S.

Department of Justice nor any of its components operate, control, are responsible for, or necessarily endorse, this Web site (including, without limitation, its content, technical infrastructure, and policies, and any services or tools provided)." The full text of the foregoing statement must be clearly visible on the home page. On other pages, the statement may be included through a link, entitled "Notice of Federal Funding and Federal Disclaimer," to the full text of the statement.

44. Any written, visual, or audio publications funded in whole or in part under this award, with the exception of press releases, shall contain the following statements: "This project was supported by Grant No. <AWARD_NUMBER> awarded by the Bureau of Justice Assistance. The Bureau of Justice Assistance is a component of the Department of Justice's Office of Justice Programs, which also includes the Bureau of Justice Statistics, the National Institute of Justice, the Office of Juvenile Justice and Delinquency Prevention, the Office for Victims of Crime, and the SMART Office. Points of view or opinions in this document are those of the author and do not necessarily represent the official position or policies of the U.S. Department of Justice." The current edition of the DOJ Grants Financial Guide provides guidance on allowable printing and publication activities.

45. Justification of consultant rate
Approval of this award does not indicate approval of any consultant rate in excess of $650 per day. A detailed justification must be submitted to and approved by the OJP program office prior to obligation or expenditure of such funds.

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EXHIBIT E: FY 2022-2023 & FY 2024 BYRNE SCIP FEDERAL CONDITIONS Rev 04/2020

46. The recipient understands that, in accepting this award, the Authorized Representative declares and certifies, among other things, that he or she possesses the requisite legal authority to accept the award on behalf of the recipient entity and, in so doing, accepts (or adopts) all material requirements that relate to conduct throughout the period of performance under this award. The recipient further understands, and agrees, that it will not assign anyone to the role of Authorized Representative during the period of performance under the award without first ensuring that the individual has the requisite legal authority.

47. Body armor - compliance with NIJ standards and other requirements Ballistic-resistant and stab-resistant body armor purchased with award funds may be purchased at any threat level, make or model, from any distributor or manufacturer, as long as the body armor has been tested and found to comply with applicable National Institute of Justice ballistic or stab standards, and is listed on the NIJ Compliant Body Armor Model List. In addition, ballistic-resistant and stab-resistant body armor purchased must be made in the United States and must be uniquely fitted, as set forth in 34 U.S.C. 10202(c)(1)(A). The latest NIJ standard information and the NIJ Compliant Body Armor List may be found by following the links located on the NIJ Body Armor page: https://nij.ojp.gov/topics/equipment-and-technology/body-armor. In addition, if recipient uses funds under this award to purchase body armor, the recipient is strongly encouraged to have a "mandatory wear" policy in effect. There are no requirements regarding the nature of the policy other than it be a mandatory wear policy for all uniformed officers while on duty.

48. The recipient agrees that no funds under this grant award (including via subcontract or subaward, at any tier) may be used for unmanned aircraft systems (UAS), which includes unmanned aircraft vehicles (UAV), or for any accompanying accessories to support UAS.

49. In accepting this award, the recipient agrees that grant funds cannot be used for Facial Recognition Technology (FRT) unless the recipient has policies and procedures in place to ensure that the FRT will be utilized in an appropriate and responsible manner that promotes public safety, and protects privacy, civil rights, and civil liberties and complies with all applicable provisions of the U.S. Constitution, including the Fourth Amendment’s protection against unreasonable searches and seizures and the First Amendment’s freedom of association and speech, as well as other laws and regulations. Recipients utilizing funds for FRT must make such policies and procedures available to DOJ upon request.

50. "Methods of Administration" - monitoring compliance with civil rights laws and nondiscrimination provisions
The recipient's monitoring responsibilities include monitoring of subrecipient compliance with applicable federal civil rights laws and nondiscrimination provisions. Within 90 days of the date of award acceptance, the recipient must submit to OJP's Office for Civil Rights (at [email protected]) written Methods of Administration ("MOA") for subrecipient monitoring with respect to civil rights requirements. In addition, upon request by OJP (or by another authorized federal agency), the recipient must make associated documentation available for review.

The details of the recipient's obligations related to Methods of Administration are posted on the OJP web site at https://ojp.gov/funding/Explore/StateMethodsAdmin-FY2017update.htm (Award

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EXHIBIT E: FY 2022-2023 & FY 2024 BYRNE SCIP FEDERAL CONDITIONS Rev 04/2020
condition: "Methods of Administration" - Requirements applicable to States (FY 2017 Update)), and are incorporated by reference here.

51. Regarding medication-assisted treatment (MAT), the award recipient understands and agrees to the following: 1) all clients in a BJA-funded drug court have a right to access MAT under the care and prescription of a physician to the extent MAT is clinically indicated; 2) BJA-funded drug courts must not deny any eligible client enrollment to the drug court program because of their use of FDA-approved medications for the treatment of substance abuse; 3) MAT must be permitted to be continued for as long as the prescriber determines that the FDA-approved medication is clinically beneficial; 4) while under no circumstances can a BJA-funded drug court program deny access to MAT under the care and prescription of a physician when it is clinically indicated, a judge retains judicial discretion to mitigate/reduce the risk of abuse, misuse, or diversion of these medications; and 5) federal funds shall not be used to support activities that violate the Controlled Substances Act, 21 U.S.C. 801-904.

52. All BJA-funded adult drug courts must be operated based on the 10 key components for drug courts, which are found in BJA�s and National Association of Drug Court Professional�s (NADCP) publication: Defining Drug Courts: The Key Components at https://www.ncjrs.gov/pdffiles1/bja/205621.pdf. During the grant period of performance, if BJA concludes that a funded drug court is not conforming to the 10 key components, it retains the right to place the award recipient on a corrective action plan to bring the drug court into conformance. Continued failure to maintain conformance to the key components may result in a hold placed on award funds or suspension/termination of the grant award agreement.

53. The recipient understands and agrees to operate any behavioral health crisis care program funded under this award in accordance with the Substance Abuse and Mental Health Services Administration National Guidelines for Behavioral Health Crisis Care:
https://www.samhsa.gov/sites/default/files/national-guidelines-for-behavioral-health-crisis-care02242020.pdf.

54. Compliance with National Environmental Policy Act and related statutes Upon request, the recipient (and any subrecipient at any tier) must assist BJA in complying with the National Environmental Policy Act (NEPA), the National Historic Preservation Act, and other related federal environmental impact analyses requirements in the use of these award funds, either directly by the recipient or by a subrecipient. Accordingly, the recipient agrees to first determine if any of the following activities will be funded by the grant, prior to obligating funds for any of these purposes. If it is determined that any of the following activities will be funded by the award, the recipient agrees to contact BJA.

The recipient understands that this condition applies to new activities as set out below, whether or not they are being specifically funded with these award funds. That is, as long as the activity is being conducted by the recipient, a subrecipient, or any third party, and the activity needs to be undertaken in order to use these award funds, this condition must first be met. The activities covered by this condition are:
a. New construction;
b. Minor renovation or remodeling of a property located in an environmentally or historically

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EXHIBIT E: FY 2022-2023 & FY 2024 BYRNE SCIP FEDERAL CONDITIONS Rev 04/2020
sensitive area, including properties located within a 100-year flood plain, a wetland, or habitat for endangered species, or a property listed on or eligible for listing on the National Register of Historic Places;
c. A renovation, lease, or any proposed use of a building or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size; d. Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or education environments; and e. Implementation of a program relating to clandestine methamphetamine laboratory operations, including the identification, seizure, or closure of clandestine methamphetamine laboratories.

The recipient understands and agrees that complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental Impact Statement, as directed by BJA.

The recipient further understands and agrees to the requirements for implementation of a Mitigation Plan, as detailed at https://bja.gov/Funding/nepa.html, for programs relating to methamphetamine laboratory operations.

Application of This Condition to Recipient's Existing Programs or Activities: For any of the recipient's or its subrecipients' existing programs or activities that will be funded by these award funds, the recipient, upon specific request from BJA, agrees to cooperate with BJA in any preparation by BJA of a national or program environmental assessment of that funded program or activity.

55. ubmission of eligible records relevant to the National Instant Background Check System Consonant with federal statutes that pertain to firearms and background checks -- including 18 U.S.C. 922 and 34 U.S.C. ch. 409 -- if the recipient (or any subrecipient at any tier) uses this award to fund (in whole or in part) a specific project or program (such as a law enforcement, prosecution, or court program) that results in any court dispositions, information, or other records that are "eligible records" (under federal or State law) relevant to the National Instant Background Check System (NICS), or that has as one of its purposes the establishment or improvement of records systems that contain any court dispositions, information, or other records that are "eligible records" (under federal or State law) relevant to the NICS, the recipient (or subrecipient, if applicable) must ensure that all such court dispositions, information, or other records that are "eligible records" (under federal or State law) relevant to the NICS are promptly made available to the NICS or to the "State" repository/database that is electronically available to (and accessed by) the NICS, and -- when appropriate -- promptly must update, correct, modify, or remove such NICS-relevant "eligible records".

In the event of minor and transitory non-compliance, the recipient may submit evidence to demonstrate diligent monitoring of compliance with this condition (including subrecipient compliance). DOJ will give great weight to any such evidence in any express written determination regarding this condition.

56. The recipient understands and agrees that no more than 10 percent of the total amount of this award may be used by the recipient for direct costs associated with administering the award.

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EXHIBIT E: FY 2022-2023 & FY 2024 BYRNE SCIP FEDERAL CONDITIONS Rev 04/2020

57. The recipient may not obligate, expend, or draw down funds for subawards until BJA provides explicit written approval of the proposed subaward. Prior approval for all subawards must be obtained post-award, through the submission and approval of a Grant Award Modification (GAM) through OJP’s JustGrants system.

58. Extreme risk protection programs funded under this award must include, at a minimum: predeprivation and post-deprivation due process rights that prevent any violation or infringement of the Constitution of the United States, including but not limited to the Bill of Rights, and the substantive or procedural due process rights guaranteed under the Fifth and Fourteenth Amendments to the Constitution of the United States, as applied to the States, and as interpreted by State courts and United States courts (including the Supreme Court of the United States). Such programs must include, at the appropriate phase to prevent any violation of constitutional rights, at minimum, notice, the right to an in-person hearing, an unbiased adjudicator, the right to know opposing evidence, the right to present evidence, and the right to confront adverse witnesses; the right to be represented by counsel at no expense to the government; pre-deprivation and post-deprivation heightened evidentiary standards and proof which mean not less than the protections afforded to a similarly situated litigant in Federal court or promulgated by the State's evidentiary body, and sufficient to ensure the full protections of the Constitution of the United States, including but not limited to the Bill of Rights, and the substantive and procedural due process rights guaranteed under the Fifth and Fourteenth Amendments to the Constitution of the United States, as applied to the States, and as interpreted by State courts and United States courts (including the Supreme Court of the United States). The heightened evidentiary standards and proof under such programs must, at all appropriate phases to prevent any violation of any constitutional right, at minimum, prevent reliance upon evidence that is unsworn or unaffirmed, irrelevant, based on inadmissible hearsay, unreliable, vague, speculative, and lacking a foundation; and penalties for abuse of the program.

59. ERPO Certification
Byrne SCIP recipients who plan to use funding to support ERPO programs must submit a principal legal officer signed Certification Relating to Pub. L. No. 90-351, Title I, Sec. 501(a)(1)(I)(iv) (Extreme-Risk Protection-Order Programs), certifying that the extreme risk protection-order program to be funded satisfies each of the listed requirements prior to the use of grant funds for ERPO programs.

60. The recipient understands and agrees that it must form a diverse Crisis Intervention Advisory Board to inform and guide the state’s related gun violence reduction programs/initiatives. The Board must include representatives from law enforcement, the community, courts, prosecution, behavioral health providers, victim services, and legal counsel. The program and budget plans must be developed in coordination with and with demonstrated approval from the Crisis Intervention Advisory Board prior to submission for BJA review, and advisory board approval will also be required for any subsequent changes to the project’s scope or budget.

61. The recipient understands and agrees that it must (1) subaward at least 40% of the award amount to units of local government in order to meet the Local Pass-through, and (2) subaward additional amounts identified by BJA to state courts that provide criminal justice and civil justice services for the “less-than-$10,000 jurisdictions” within the state and/or subaward the funds to

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EXHIBIT E: FY 2022-2023 & FY 2024 BYRNE SCIP FEDERAL CONDITIONS Rev 04/2020
such jurisdictions. Additional details on both of these pass-through requirements is available in the applicable fiscal year's Byrne State Crisis Intervention Program Formula Solicitation.

62. The recipient is authorized to incur obligations, expend, and draw down funds in an amount not to exceed $20,000, for the sole purpose of developing the program and budget plans in coordination with the Crisis Intervention Advisory Board. The recipient is not authorized to incur any additional obligations or make any additional expenditures or drawdowns until (1) the recipient submits program and budget plans that were developed in coordination with and demonstrate evidence of approval by the Crisis Intervention Advisory Board, (2) BJA approves the submission via Grant Award Modification (GAM), and (3) BJA has issued an Award Condition Modification (ACM) releasing this award condition.

63. Limit on use of grant funds for grantees' employees' salaries With respect to this award, federal funds may not be used to pay cash compensation (salary plus bonuses) to any employee of the award recipient at a rate that exceeds 110% of the maximum annual salary payable to a member of the federal government's Senior Executive Service (SES) at an agency with a Certified SES Performance Appraisal System for that year. (An award recipient may compensate an employee at a higher rate, provided the amount in excess of this compensation limitation is paid with non-federal funds.) This limitation on compensation rates allowable under this award may be waived on an individual basis at the discretion of the OJP official indicated in the program announcement under which this award is made.

64. Recipient integrity and performance matters: Requirement to report information on certain civil, criminal, and administrative proceedings to SAM and FAPIIS The recipient must comply with any and all applicable requirements regarding reporting of information on civil, criminal, and administrative proceedings connected with (or connected to the performance of) either this OJP award or any other grant, cooperative agreement, or procurement contract from the federal government. Under certain circumstances, recipients of OJP awards are required to report information about such proceedings, through the federal System for Award Management (known as "SAM"), to the designated federal integrity and performance system (currently, "FAPIIS").

The details of recipient obligations regarding the required reporting (and updating) of information on certain civil, criminal, and administrative proceedings to the federal designated integrity and performance system (currently, "FAPIIS") within SAM are posted on the OJP web site at https://ojp.gov/funding/FAPIIS.htm (Award condition: Recipient Integrity and Performance Matters, including Recipient Reporting to FAPIIS), and are incorporated by reference here.

65. Withholding - Certification with respect to Federal taxes - award exceeding $5 million (updated Aug. 2017)
The recipient may not obligate, expend, or draw down any funds under this award until it has submitted to the program manager, in a format acceptable to OJP, a formal written certification directed to OJP and executed by an official with authority to sign on behalf of the recipient, that the recipient (unless an exemption applies by operation of law, as described below)-- (1) has

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EXHIBIT E: FY 2022-2023 & FY 2024 BYRNE SCIP FEDERAL CONDITIONS Rev 04/2020
filed all Federal tax returns required for the three tax years immediately preceding the tax year in which the certification is made; (2) has not been convicted of a criminal offense under the Internal Revenue Code of 1986; and (3) has not, more than 90 days prior to this certification, been notified of any unpaid federal tax assessment for which the liability remains unsatisfied, unless the assessment is the subject of an installment agreement or offer in compromise that has been approved by the Internal Revenue Service and is not in default, or the assessment is the subject of a non-frivolous administrative or judicial proceeding; and until an Award Condition Modification (ACM) has been issued to remove this condition.

BSCC Powered by Submittable
Title City of Pinole
by Troy Oviatt in Byrne State Crisis Intervention Program (Cohort 2) [email protected]
04/07/2025
id. 50205965
Original Submission 04/07/2025
Score n/a
The Byrne State Crisis Intervention Program (Byrne SCIP) Grant Application is divided into four sections as identified below: Background Information Contact Information Proposal Narrative and Budget Mandatory Attachments Each section has a series of questions that require a response. Applicants will be prompted to provide written text, select options from a drop down menu, select options from a multiple choice menu, or upload attachments. Questions labeled "required" in red require responses. Applicants will not be able to submit the Byrne SCIP Grant Application until all questions marked "required" have been completed. Applicants may reference the Byrne SCIP Instruction Packet for background information, key dates, rating factors, and other important information to aid in the completion of the Grant Program Application. The Byrne SCIP Instruction Packet is available on the BSCC website at the Byrne SCIP website . NOTE: Applicants may start and stop their application but must select "Save Draft" at the bottom of the application before existing.

SECTION 1 - BACKGROUND

INFORMATION
This section requests information about the project name and location, federal identification, funding requested, and an overview of the project.

Applicant Name City of Pinole
Applicant's Physical
Address
2131 Pear Street
Pinole
CA
94564
US

38.0043281
-122.2911986
Applicant's Mailing Address
(If different than physical
address)
Mailing Address for
Payment
2131 Pear Street
Pinole
CA
94564
US

38.0043281
-122.2911986
Federal Employer ID 94-6000394
Unique Entity Identifier
(UEI)
VJ7QJ6KJ8J35
Funding Category Small Scope (Up to $500,000)
Lead Public Agency City of Pinole
Project Title Pinole Crisis Intervention Awareness and Safety Initiative Program Purpose Areas
(PPA)
Applicants are required to apply for the Program Purpose Areas (PPA) and Related Program Activities identified in the Byrne SCIP Instruction Packet (Page 8-10). Three PPAs are identified: PPA 1:

Communication, Education, Outreach, and Public Awareness PPA 2: Referrals to Community-based Services for People in Crisis PPA 3: Funding for Law Enforcement Crisis Intervention Programs or Initiatives Applicants are required to address a minimum of one Program Purpose Area and one corresponding Related Program Activity. Applicants are not required to address each PPA or Program Activity.

Communication, Education, Outreach, and
Public Awareness (PPA 1)
Outreach to raise public awareness about Extreme Risk Protection Orders Development and distribution of informational materials about Extreme Risk Protection Orders

Referrals to Communitybased Services for People
in Crisis (PPA 2)
Funding for Law
Enforcement Crisis
Intervention Programs or
Initiatives (PPA 3)
Supplies, equipment, technology, and training to safely secure, store, track, and return relinquished guns Proposal Summary The City of Pinole seeks Byrne SCIP funding to implement a dual-focused project that enhances community awareness of Extreme Risk Protection Orders (ERPOs) and modernizes firearm storage infrastructure at the Pinole Police Department. The project includes public outreach at events like National Night Out 2025 and upgrades to outdated evidence storage using secure lockers and tracking tools. Together, these efforts aim to reduce gun violence, support crisis intervention, and promote safe firearm practices in the community.

SECTION 2 - CONTACT

INFORMATION
This section requests contact information for the individuals identified as the Project Director, Financial Officer, Day-to-Day Project Contact, Day-to-Day Fiscal Contact, and the Authorized Officer for Signature.

Project Director Melissa
Klawuhn
Project Director's Title with
Agency/Department/Organization
Chief of Police
Project Director's Physical
Address
880 Tennent Avenue
Pinole
CA
94564
US

38.0044489
-122.2902558
Project Director's Email
Address
[email protected]
Project Director's Phone
Number
+15107248957
Financial Officer Markisha
Guillory
Financial Officer's Title
with
Agency/Department/Organization
Finance Director
Financial Officer's
Physical Address
2131 Pear Street
Pinole
CA
94564
US

38.0043281
-122.2911986
Financial Officer's Email
Address
[email protected]
Financial Officer's Phone
Number
+15107249823
Day-To-Day Program
Contact
Troy
Oviatt
Day-To-Day Program
Contact's Title with
Agency/Department/Organization
Acting Commander
Day-To-Day Program
Contact's Physical
Address
880 Tennent Avenue
Pinole
CA
94564
US

38.0044489
-122.2902558
Day-To-Day Program
Contact's Email Address
[email protected]

Day-To-Day Program
Contact's Phone Number
+15107248950
Day-To-Day Fiscal
Contact
Troy
Oviatt
Day-To-Day Fiscal
Contact's Title with
Agency/Department/Organization
Acting Commander
Day-To-Day Fiscal
Contact's Physical
Address
880 Tennent Avenue
Pinole
CA
94564
US

38.0044489
-122.2902558
Day-To-Day Fiscal
Contact's Email Address
[email protected]
Day-To-Day Fiscal
Contact's Phone Number
+15107248950
Name of Authorized
Officer*
Melissa
Klawuhn
Authorized Officer's Title
with
Agency/Department/Organization
Chief of Police
Authorized Officer's
Physical Address
880 Tennent Avenue
Pinole
CA
94564
US

38.0044489
-122.2902558
Authorized Officer's Email
Address
[email protected]
Authorized Officer's Phone
Number
+15107248957
Authorized Officer
Assurances
checked
SECTION 3 - PROPOSAL

NARRATIVE AND
BUDGET
This section requests responses to the Rating Factors identified in the the Byrne SCIP Instruction Packet.

Proposal Narrative
Instructions
The Proposal Narrative must address the Project Need, Project Description, Project Organizational Capacity and Coordination, and Project Evaluation and Monitoring Rating Factors as described in the Byrne SCIP Grant Instruction Packet (refer to pages 20-25). A separate narrative response is required for each Rating Factor as described below: The Project Need narrative may not exceed 4,474 total characters (includes punctuation, numbers, spacing and any text). In Microsoft Word, this is approximately two (2) pages in Arial 12-point font with one-inch margins on all four (4) sides and at 1.5-line spacing. The Project Description narrative may not exceed 8,948 total characters (includes punctuation, numbers, spacing and any text). In Microsoft Word, this is approximately four (4) pages in Arial 12-point font with one-inch margins on all four (4) sides and at 1.5-line spacing. The Project Organizational Capacity and Coordination narrative may not exceed 4,474 total characters (includes punctuation, numbers, spacing and any text). In Microsoft Word, this is approximately two (2) pages in Arial 12-point font with one-inch margins on all four (4) sides and at 1.5-line spacing. The Project Data Collection and Evaluation narrative may not exceed 4,474 total characters (includes punctuation, numbers, spacing and any text). In Microsoft Word, this is approximately two (2) pages in Arial 12-point font with one-inch margins on all four (4) sides and at 1.5-line spacing. A character counter is automatically enabled that shows the number of characters used and the remaining number of characters before the limit for each response is met. If the character limit is exceeded, a red prompt will appear with the message "You have exceeded the character limit." Applicants will be prohibited from submitting the Byrne SCIP Grant Application until they comply with the character limit requirements. NOTE: It is up to the applicant to determine how to use the total word limit in addressing each section. However as a guide, the percent of total point value for each section is provided in the Byrne SCIP Instruction Packet (refer to page 22).

Project Need The City of Pinole is experiencing two critical and interrelated public safety challenges: (1) a lack of public awareness regarding California’s Extreme Risk Protection Order (ERPO) laws and how to utilize them to prevent firearm-related harm, and (2) inadequate infrastructure within the Pinole Police Department (PPD) for securely storing and managing firearms held by PPD. These needs directly align with the intent of the Byrne State Crisis Intervention Program (SCIP) to reduce gun violence and improve crisis intervention strategies at the local level.

Despite the existence of ERPO laws in California, which provide family members, law enforcement officers, and other qualified individuals with legal tools to temporarily prevent individuals at risk of self-harm or violence from accessing firearms, public understanding of how and when to use these laws remains limited in Pinole. This lack of awareness poses a direct barrier to crisis prevention and early intervention. Community members who may recognize signs of danger are often unaware of the legal mechanisms available to them, or unsure of how to seek assistance from local law enforcement. Anecdotal evidence from PPD officers who engage with the public during community events indicates that many residents are unfamiliar with what an ERPO is, what protections it offers, or how to initiate the process. Additionally, the department has observed that individuals in crisis—and their families—often lack clear information on how to navigate these systems or access support. Without proactive outreach and education, the full preventative potential of ERPO laws remains untapped.

Compounding this issue is the physical inadequacy of PPD’s current firearms evidence storage infrastructure. The department’s evidence room is outdated and does not meet modern standards for secure firearm storage. Confiscated and relinquished firearms are currently stored using an improvised system of wooden 2x4 shelving that lacks the durability, physical security, and organizational functionality of modern firearm locker technology. This system not only places limitations on the department’s ability to manage highrisk weapons effectively but also introduces public safety risks and legal liability in the event of misplacement, unauthorized access, or improper storage.

An internal review conducted by the department identified that firearms evidence is co-mingled with general property and stored without specialized units for secure, traceable firearm retention. The lack of an organized, compartmentalized storage system significantly increases the risk of evidence handling errors, delays in firearm return or disposition, and challenges in ensuring compliance with state and federal laws related to firearm custody and relinquishment. Furthermore, the current setup limits the department’s capacity to expand or adapt firearm evidence protocols in alignment with best practices or future policy changes.

This need is particularly urgent in light of the City of Pinole’s recently adopted Safe Storage of Firearms Ordinance (October 2024), which reinforces the city’s commitment to responsible gun ownership and safe firearm handling. However, without corresponding investments in law enforcement infrastructure and public education, the ordinance cannot be implemented to its full potential. The ordinance provides a policy framework for firearm safety, but the lack of community outreach limits its visibility and impact, and the outdated evidence room undermines the City’s ability to model best practices in firearm security and stewardship.

The department’s staffing structure also highlights the strain placed on personnel who manage firearms evidence. Current systems require manual tracking processes and lack integration with modern digital tracking technologies, increasing staff workload and the potential for human error. As the number of ERPOrelated firearm cases grows, the volume and complexity of firearm evidence will only increase—placing further demands on a system that is already insufficient.

Financial constraints prevent the City from addressing these issues using existing local resources. Due to competing priorities such as officer safety equipment and vehicle maintenance, the City’s General Fund and asset forfeiture funds have already been allocated to other needs. No dedicated funding exists to support outreach related to ERPOs or to modernize the department’s evidence room.

Project Description The City of Pinole proposes a comprehensive, dual-focused initiative that addresses both community-level prevention and law enforcement infrastructure enhancement. The proposed project supports Program Purpose Area 1 (Communication, Education, Outreach, and Public Awareness) and Program Purpose Area 3 (Law Enforcement Crisis Intervention Programs or Initiatives). This integrated strategy will elevate public understanding of California’s Extreme Risk Protection Order (ERPO) laws and responsible firearm ownership, while simultaneously upgrading the Pinole Police Department’s (PPD) firearm evidence storage and tracking capabilities to meet modern public safety standards.

Under PPA 1, PPD will implement a robust public outreach campaign to inform and engage the community about ERPOs and firearm safety resources. The department will target key public gatherings throughout the year to maximize community engagement. In addition to National Night Out 2025, which will be hosted in October, outreach will be conducted at the Pinole 4th of July Celebration, Pinole Pride & Juneteenth Event, the Pinole Valley High School Homecoming Parade, and the annual Pinole Christmas Tree Lighting. These high-attendance community events offer meaningful opportunities for officers to engage directly with residents and promote awareness of legal tools available to prevent firearm-related harm. Outreach will include the distribution of informational brochures, firearm safety materials such as gun locks (already available in inventory), and guided conversations on how and when individuals can seek support for people in crisis through local law enforcement.

To support effective outreach, the City will allocate grant funds for personnel time to staff these community engagement activities and to acquire critical materials to ensure the events are accessible, visible, and professionally executed. These items will include a branded canopy ($999), two custom tablecloths ($169 each), an A-frame sidewalk sign ($89), eight folding chairs ($25 each), four portable tables ($50 each), a rollup banner ($58), two portable power generators ($3,500 each), and two portable light stations ($5,600).

These resources will allow PPD to create welcoming, highly visible public education booths at outdoor and evening events—ensuring maximum community reach and safety. The new outreach infrastructure will support consistent engagement throughout the grant period and enhance future outreach efforts well beyond the life of the grant.

The second component of the project aligns with PPA 3 and focuses on the modernization of PPD’s evidence storage facility, specifically addressing the need for secure, trackable storage of firearms that have been confiscated, surrendered, or relinquished under ERPOs and other court orders. Currently, PPD relies on outdated wooden 2x4 shelving that lacks the durability, physical security, and organization required for modern firearm evidence management. The department will use grant funds to purchase and install a secure firearms locker system to replace the existing shelving infrastructure. The new system will incorporate locking compartments and physical security features consistent with industry best practices.

In addition to physical storage upgrades, PPD will explore the acquisition and implementation of firearm tracking software to improve recordkeeping, ensure legal compliance, and streamline internal workflows. The upgraded system will allow for faster identification, retrieval, and disposition of firearms, particularly in ERPOrelated cases, and will reduce the risk of evidence misplacement or retention errors. Once operational, this improved infrastructure will enhance the department’s ability to support firearm relinquishment processes and ensure compliance with court-ordered restrictions on firearm possession.

Together, these efforts directly respond to the needs outlined in the City’s Safe Storage of Firearms Ordinance, adopted in October 2024. That ordinance reflects a citywide commitment to reducing unauthorized access to firearms and promoting responsible gun ownership. The proposed SCIP project operationalizes that commitment through tangible investments in outreach, education, and infrastructure.

The project will serve all residents of Pinole, with an emphasis on community members at risk of being impacted by gun violence, domestic violence, or behavioral health crises. PPD anticipates direct engagement with at least 1,000 community members during outreach events throughout the 26-month grant period. These individuals will benefit from increased awareness of ERPOs and safe storage practices.

Internally, PPD expects to process and securely store dozens of firearms using the upgraded system, improving outcomes in ERPO cases and supporting broader law enforcement crisis intervention efforts.

This project is designed to be trauma-informed, culturally responsive, and community-centered. Outreach materials will be made available in multiple languages commonly spoken in the community, and officers participating in public engagement will receive guidance on effective communication strategies, especially when engaging with families navigating mental health or domestic violence situations. The department will ensure all activities support the dual goals of promoting public safety and reducing stigma around seeking help.

In conclusion, the proposed project builds upon Pinole’s existing policy infrastructure and public safety priorities. It takes a proactive, prevention-oriented approach to crisis intervention by combining community engagement with internal systems improvement. Through the SCIP grant, the City of Pinole will enhance its capacity to prevent firearm-related harm, support individuals in crisis, and foster stronger, trust-based relationships between law enforcement and the community it serves.

The project is scalable and the city would accept an award to implement activities based solely on PPA 1 or PPA 3 if required, or would be willing to reduce the scope of both PPA activities if funding levels required.

Project Organizational
Capacity and Coordination
The Pinole Police Department (PPD) has the organizational capacity, leadership, and internal coordination necessary to implement the proposed Byrne SCIP Cohort 2 project effectively and with full accountability.

The department has a proven track record of successfully managing state-funded grant projects, consistently delivering on-time, on-budget, and within the approved scopes of work. Most recently, PPD successfully implemented the Officer Wellness Grant through the State of California, utilizing the funds to improve officer mental health resources and organizational resiliency. This project required coordinated planning, precise financial oversight, and timely reporting—all of which were executed without deviation from the approved project timeline or budget. This performance demonstrates PPD’s readiness and reliability in managing public grant funds with diligence and professionalism.

The Byrne SCIP project will be led internally by Commander Troy Oviatt, who will serve as the Project Director and oversee day-to-day implementation. Commander Oviatt has extensive experience in operations management and community engagement and will ensure that all project activities, including community outreach and equipment procurement, are executed in accordance with the approved work plan. Oversight and strategic direction will be provided by Chief Melissa Klawuhn, who will guide the project’s alignment with departmental goals and ensure compliance with state and federal requirements. Additionally, a designated staff member from the department’s Evidence Unit will coordinate efforts related to the firearms storage infrastructure upgrades and oversee data management processes associated with firearm tracking.

A core strength of PPD’s organizational capacity lies in its close working relationship with the City of Pinole’s Finance Department. The Finance Department includes experienced management analysts who will provide administrative and fiscal support throughout the grant period. These analysts routinely assist city departments with budget tracking, invoice preparation, reimbursement submissions, and financial reporting for grant-funded projects. Their involvement will ensure that all fiscal documentation related to the Byrne SCIP project meets the requirements of the Board of State and Community Corrections (BSCC) and complies with federal guidelines. This interdepartmental collaboration has been a key factor in the city’s successful administration of previous grants, including those requiring complex reporting and audit documentation.

To support effective coordination across all aspects of the project, the department will establish a regular internal meeting schedule involving the Project Director, Finance Department liaison, and relevant staff leads.

These meetings will serve to track progress, address emerging issues, and prepare for upcoming reporting milestones. Any procurement efforts—such as the purchase of outreach materials, firearm lockers, or tracking software—will be conducted through the City’s standardized purchasing process, which includes multiple levels of approval and documentation to ensure transparency and proper use of public funds. While the City of Pinole does not currently anticipate subcontracting with non-governmental organizations (NGOs) for this project, the PPD is aware of the BSCC’s criteria for NGO participation and has reviewed Attachment C to ensure future compliance, should an NGO partner be brought on at a later stage. The department has experience collaborating with community-based organizations and service providers and will follow proper protocol to verify eligibility, obtain assurances, and report any subcontractor activity in accordance with BSCC requirements.

In terms of readiness, the City of Pinole is prepared to initiate the project immediately upon award. Preliminary planning for outreach events, including National Night Out 2025, is already underway, and the department has begun to assess evidence room specifications in anticipation of the storage system upgrade. Procurement timelines and staffing plans are aligned with the 26-month grant period and will be further detailed in the submitted Project Work Plan. This level of preparation ensures that the City can begin delivering services promptly and that project milestones can be met without delay.

Project Data Collection
and Evaluation
PPD is committed to meaningful data collection, performance monitoring, and project evaluation to ensure the proposed Byrne SCIP initiative achieves its stated goals and objectives. The Pinole Police Department (PPD) will implement an evaluation approach that is responsive to BSCC guidelines, including the development and submission of a Local Evaluation Plan (LEP) and a Final Local Evaluation Report (LER).

These documents will allow the City to document progress, measure outcomes, and assess the overall effectiveness of both the community outreach and evidence room modernization components of the project.

The LEP will be developed in accordance with the guidance provided in Appendix E of the RFP and will be submitted to BSCC no later than December 31, 2025. It will provide a detailed framework for evaluating both process and outcome measures, with an emphasis on assessing the extent to which the project’s goals and objectives have been met. The plan will define key performance indicators, data sources, and timelines for collection and analysis. The evaluation effort will be guided by the overarching goal of reducing firearmrelated harm and improving law enforcement crisis intervention strategies within the City of Pinole.

PPD plans to allocate approximately five percent of the total grant budget to evaluation efforts, as recommended by the BSCC. This allocation will support internal staffing and may include the retention of an external evaluation consultant or academic partner to assist with plan development, data analysis, and the preparation of the final report. The City is exploring a partnership with a local institution of higher education to provide independent evaluation support, ensuring an objective and credible assessment of outcomes.

Quantifiable process measures will include the number of community outreach events conducted (e.g., National Night Out 2025 and other similar events), the number of residents engaged, and the volume of public education materials distributed. Outcome measures will focus on increased public awareness of Extreme Risk Protection Order (ERPO) laws, as measured by pre- and post-event surveys or informal feedback mechanisms, as well as internal data on ERPO utilization rates in Pinole over the course of the grant period.

On the infrastructure improvement side, the evaluation will monitor the number of firearms transferred to the new evidence storage system, the percentage of firearms successfully migrated from legacy tracking methods to any newly adopted software solutions, and improvements in staff efficiency or error reduction in managing firearm evidence. Baseline data will be collected prior to the implementation of the new system to support meaningful comparison and outcome measurement.

Monitoring activities will be integrated throughout the various phases of the project. During the start-up phase, the PPD Project Director, Commander Troy Oviatt, will coordinate with the City’s Finance Department and any external evaluators to finalize data collection tools and ensure baseline assessments are completed. During the implementation phase, weekly progress reports will be generated by the Evidence Unit and community engagement staff to track deliverables and timelines. These updates will be reviewed by the Project Director and Finance staff to ensure compliance and facilitate mid-course corrections if necessary. PPD staff will also enter quarterly performance data into the federal Performance Management Tool (PMT), as required by the Bureau of Justice Assistance. The department is familiar with state and federal reporting systems and will ensure that data entered into the PMT is accurate, timely, and aligned with BSCC guidance. Where applicable, staff will work with the City’s Finance Department to ensure that financial data and performance metrics are integrated for consistent and transparent reporting.

At the close of the grant period, the City will submit a comprehensive Final Local Evaluation Report by September 30, 2027. This report will summarize implementation efforts, highlight challenges and successes, and present an analysis of the project's impact using both qualitative and quantitative data. In alignment with BSCC expectations, the report will be prepared for public dissemination and may be shared with the Pinole City Council, community stakeholders, and the public through appropriate channels such as the City’s website and community forums.

Budget Instructions Applicants are required to submit a Proposal Budget and Budget Narrative (Attachment A). Upon submission, the Budget Attachment will become Section 5: Proposal Budget (Budget Tables and Narrative) making up part of the official proposal. The Budget Attachment must be filled out completely and accurately. Applicants are solely responsible for the accuracy and completeness of the information entered in the Budget Tables and Narrative. The grant budget must cover the entire grant period. Funding information is available on pages 11- 12 a of the Byrne SCIP Instruction Packet. For additional guidance related to grant budgets, refer to the BSCC Grant Administration Guide. The Budget Attachment is provided as a stand-alone document on the BSCC website at the Byrne SCIP website. (Please do not use the sample template in the Byrne SCIP RFP Instruction Packet, which is provided on pages 52-58 for reference only.) Byrne SCIP Budget and Budget Narrative (Attachment A)
ATTACHMENT-A-Byrne-SCIP-Cohort-2-Budget-Attachment_PPD.xlsx OPTIONAL: Bibliography
SECTION 4 - MANDATORY

ATTACHMENTS
This section lists the attachments that are required at the time of submission. Project Work Plan (Attachment B) Criteria and Assurance for NGOs that Receive BSCC Grant Funds as a Subcontractor (Attachment C) Certification of Compliance with BSCC Policies on Debarment, Fraud, Theft, and Embezzlement (Attachment D) Governing Board Resolution or Other Proof of Signing Authority – (not required at time of submission; however, must be submitted if awarded grant funds.) (Attachment E) Project Work Plan (Attachment B)

ATTACHMENT-B-Byrne-SCIP-Cohort-2-B-Project-Work-Plan.docx Criteria and Assurance for NGOs that Receive BSCC Grant Funds as a Subcontractor (Attachment C) ATTACHMENT-C_Byrne-SCIP-Cohort-2-Criteria-for-NGO-Subcontractors_-_signed.pdf Certification of Compliance with BSCC Policies on Debarment, Fraud, Theft, and Embezzlement (Attachment D) Attachment_D_Certification_of_Compliance_with_BSCC_Policies_Regarding_Debarment_Fraud_Theft_and_Embezzlement.pdf OPTIONAL: Governing
Board Resolution or Other
Proof of Signing Authority
(Attachment E)

CONFIDENTIALITY
NOTICE:

All documents submitted as a part of the Byrne State Crisis Intervention Grant proposal are public documents and may be subject to a request pursuant to the California Public Records Act. The BSCC cannot ensure the confidentiality of any information submitted in or with this proposal. (Gov. Code, § 6250 et seq.)

City of Pinole
BSCC 1352-25

APPENDIX A: BYRNE SCIP ADVISORY BOARD ROSTER
Name Title Organization/Agency
1 Linda Penner (Chair) Chair Board of State and Community Corrections
2 Juan Avila Chief Operating Officer
(Victim Services) Garden Pathways
3 Norma Cumpian Director, Women’s Department
(Community)
Anti-Recidivism Coalition
4 Brenda Grealish
Executive Officer, Council on
Criminal Justice and Behavioral
Health (Behavioral Health)
California Department of Corrections
and Rehabilitation
5 Kirk Haynes Chief Probation Officer
(Law Enforcement
Fresno County
6 Jason Johnson
Director, Division of Adult
Parole Operations
(Law Enforcement)
California Department of Corrections
and Rehabilitation
7 Jeffrey Macomber Secretary
(Law Enforcement) California Department of Corrections
and Rehabilitation
8 Nancy O’Malley District Attorney (Retired)
(Prosecution)
Alameda County
9 Alan Slater Chief Executive (Retired)
(Courts) Orange County Superior Court
10 Eric Taylor
Sheriff-Coroner (Law
Enforcement) San Benito County
11 Eloisa Tuitama
Staff Counsel
(Legal Counsel)
Board of State and Community
Corrections
12 Angeles D. Zaragoza
Attorney, Deputy Executive
Director, Youth Programs
(Community)
Los Angeles Room and Board

City of Pinole
BSCC 1352-25

APPENDIX B: Criteria for Non-Governmental Organizations Receiving BSCC Subawards Required Attachment: Applicants will be prompted to upload this document from the BSCC Byrne SCIP website to the BSCC Submittable Application Portal.

The Byrne SCIP RFP includes requirements that apply to non-governmental organizations that receive BSCC grant funds as subcontractors. Grantees are responsible for ensuring that all subcontracted third parties continually meet these requirements as a condition of receiving any Byrne SCIP funds. The RFP describes these requirements as follows:

Any non-governmental organization that receives Byrne SCIP funds must:
• Have been duly organized, in existence, and in good standing at least six (6) months prior to the start date of the applicant’s Grant Agreement with BSCC.

Note: Non-governmental organizations that have recently reorganized or have merged with other qualified non-governmental organizations that were in existence prior to the six (6) month date are also eligible, provided all necessary agreements have been executed and filed with the California Secretary of State prior to the start date of the applicant’s Grant Agreement with BSCC. • Be registered with the California Secretary of State’s Office, if applicable. • Have a valid business license, Employer Identification Number (EIN), and/or Taxpayer ID (if sole proprietorship).
• Have any other state or local licenses or certifications necessary to provide the services requested (e.g., facility licensing by the Department of Health Care Services), if applicable.

In the table below, provide the name of the Grantee and list all subcontracted third parties.

Name of Grantee:

Name of Subcontracted Third
Party Address Email / Phone Meets All Requirements
Yes ☐ No ☐
Yes ☐ No ☐
Yes ☐ No ☐
Yes ☐ No ☐

City of Pinole
BSCC 1352-25

APPENDIX B: Criteria for Non-Governmental Organizations Receiving BSCC Subawards See next page for signature block
Grantees are required to update this list and submit it to BSCC any time a new thirdparty subcontract is executed after the initial assurance date. Grantees shall retain (onsite) applicable source documentation for each contracted party that verifies compliance with the requirements listed in the Byrne SCIP RFP. These records will be subject to the records and retention language found in Appendices A and C of the Standard Agreement.

The BSCC will not reimburse for costs incurred by any third party that does not meet the requirements listed above and for which the BSCC does not have a signed grantee assurance on file.

A signature below is an assurance that all requirements listed above have been met.

AUTHORIZED SIGNATURE
(This document must be signed by the person who is authorized to sign the Grant Agreement.)

NAME OF AUTHORIZED OFFICER TITLE TELEPHONE NUMBER EMAIL ADDRESS

STREET ADDRESS CITY STATE ZIP CODE

APPLICANT’S SIGNATURE (verified e-signature is acceptable) DATE x

CITY COUNCIL
REPORT 9.H.

DATE: OCTOBER 21, 2025
TO: MAYOR AND COUNCIL MEMBERS
FROM: David Hanham, Planning Manager, 510-724-9842, [email protected] SUBJECT: PUBLIC CONVENIENCE NECESSITY FOR YO SUSHI LOCATED AT 2432

SAN PABLO AVENUE

RECOMMENDATION
City staff recommends that the City Council adopt a Resolution approving a determination of Public Convenience or Necessity (PCN) for Yo Sushi Restaurant’s proposed alcohol sales (onsite sales of beer and wine) to be located at 2432 San Pablo Avenue.

BACKGROUND
Hyelim Seo, on behalf of Yo Sushi, has requested City approval of a “Finding of Public Convenience or Necessity” (PCN). This approval is required for Yo Sushi to apply for a Conditional Use Permit (CUP 25-0006) to allow the sale of beer and wine for on-site consumption at its sit-down restaurant located at 2432 San Pablo Avenue. Yo Sushi seeks to enhance the dining experience by offering beer and wine pairings with its Japanese cuisine.

Yo Sushi representatives have stated that offering beer and wine will enable them to offer greater convenience for customers seeking alcoholic beverages while dining out.

The State Department of Alcoholic Beverage Control (ABC) regulates alcoholic beverage licenses under Section 23958 of the Business and Professions Code. A Type 41 license authorizes restaurants to sell beer and wine for on-site consumption with meals. Applicants must first obtain a PCN from the City Council and then a Conditional Use Permit from the Planning Commission.

When a new on-site license is proposed, ABC determines whether a census tract has an “undue concentration” of licenses based on the ratio of on-sale licenses to population. For Census Tract 3591.03, ABC identifies more than five Type 41 licenses as an indicator of undue concentration. According to ABC records, there are currently twelve active on-site alcohol licenses in the tract. If approved, Yo Sushi would become the sixth establishments in this area offering beer and wine service, consistent with the restaurant character and customer expectations along the San Pablo Avenue corridor.

Table 1 lists all establishments with active on-site alcohol licenses within Census Tract 3591.03 (as of May 2025).

Table 1: On-Site Retail Alcohol Sales Establishments in Census Tract

3591.03*
Business Establishment Location License Type
AMF Pinole Valley Lanes 1580 Pinole Valley Road On-site, full alcohol Pinole Creek Cafe 2454 San Pablo Avenue On-site, full alcohol Pear Street Bistro 2395 San Pablo Avenue On-site, full alcohol Tina’s Place 2300 San Pablo Avenue On-site, full alcohol Antlers Tavern 2284 San Pablo Avenue On-site, full alcohol King Valley 795 Fernandez Avenue On-Site beer and wine
Seoul Fried Chicken 2400 San Pablo Avenue On-Site beer and wine China House Restaurant 1971 San Pablo Avenue On-Site beer and wine Bear Claw Restaurant/Café 2340 San Pablo Avenue On-Site beer and wine East Bay Coffee Company 2539 San Pablo Avenue On-Site beer and wine Diosa Restaurant 2361 San Pablo Avenue On-Site, full alcohol *Source: State Department of Alcoholic Beverage Control, September 1, 2025 Once an “undue concentration” is identified by ABC, the local governing body may choose to allow additional alcohol sales establishments in an area where there is an overconcentration by determining a public convenience or necessity” (PCN).

Section 17.59.030 (B) of the Municipal Code designates the City Council as the approving authority for a PCN request and requires a PCN determination as a prerequisite for Planning Commission consideration of a CUP for on-site beer and wine sale and consumption. Should the City Council decide not to approve a determination of PCN, Yo Sushi will not be eligible to request a CUP for alcohol sales and will not be allowed to obtain a Type 41 license through ABC for its proposed on-site consumption sales in Census Tract 3591.03. Any proposed conditions regarding the sale of alcohol at Yo Sushi are addressed through the CUP and not the PCN.

REVIEW AND ANALYSIS
Section 17.59.030 (B) of the Pinole Municipal Code includes five required findings that must be satisfied to make a PCN determination. Staff has prepared findings based on a proposed operations statement as well as proposed floor plans.

Finding 1: The proposed establishment with alcohol sales will promote the City’s economic health, consistent with the General Plan and any applicable Specific Plan policies to further zoning district purposes. Yo Sushi is a sit-down restaurant located within the San Pablo Avenue corridor and zoned “Commercial Mixed Use (CMU).” The restaurant offers Japanese cuisine in a casual dining setting and seeks to enhance the dining experience by providing beer and wine service. Allowing limited on-site alcohol sales is consistent with the intent of the City’s CMU zoning to encourage vibrant, full-service commercial activity along this key corridor.

This use supports General Plan Policy LU 7.2, which encourages commercial development that provides services for residents and broadens the City’s tax base. Adding beer and wine sales would generate additional sales-tax revenue and strengthen the economic vitality of the downtown corridor by attracting patrons who prefer full-service dining options close to home.

2. The economic benefits associated with the establishment could not reasonably be achieved without the proposed alcohol sales. Beer and wine service are customary components of a fullservice dining experience and expected by customers at comparable restaurants. Without the ability to offer these beverages, Yo Sushi would be at a competitive disadvantage relative to nearby restaurants that provide similar amenities. The availability of beer and wine is expected to increase average meal sales and customer retention, thereby supporting ongoing viability of this small business.

3. The applicant has not operated a licensed establishment which has been the subject of verified complaints or violations regarding alcohol, public safety or nuisance statutes or regulations. The State Department of Alcoholic Beverage Control (ABC) has not identified any violations associated with the applicant’s operations, and there is no record of local complaints or nuisance issues at this location. The applicant has demonstrated a commitment to responsible management and regulatory compliance.

4. The Police Department has reported that the proposed establishment would not be expected to add to crime in the area. The Pinole Police Department has reviewed the request and found no evidence that the proposed on-site sale of beer and wine would contribute to increased crime or public-safety issues. The Police Department will have the opportunity to recommend any appropriate operating conditions through the Planning Commission’s review of the associated CUP.

5.. Alcoholic beverages sold by the applicant are incidental to the other products available for sale at the establishment. The primary use of the site is a restaurant serving complete meals.

Beer and wine service will be ancillary and limited to complementing menu offerings. Yo Sushi will continue to provide a range of non-alcoholic beverages such as tea and soft drinks.

Alcohol sales will comprise only a small portion of total sales and floor area, consistent with ABC’s Type 41 license requirements. The addition of beer and wine will simply allow customers to enjoy a complete dining experience and will support the restaurant’s long-term success as part of the City’s commercial landscape.

FISCAL IMPACT
There are no adverse fiscal impacts to the City associated with this request.

ATTACHMENTS
A. Resolution

RESOLUTION NO. 2025-XX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PINOLE, COUNTY OF

CONTRA COSTA, STATE OF CALIFORNIA, APPROVING A DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY FOR TYPE 41 ALCOHOL SALES

INCLUDING BEER AND WINE AT YO SUSHI RESTAURANT LOCATED AT 2432 SAN PABLO AVE, PINOLE, CA 94564, APN: 401-150-032
WHEREAS, the owner of Yo Sushi intends to apply for a Type 41 on-site consumption alcohol license with the State Department of Alcohol Beverage Control (ABC) and has applied for a Conditional Use Permit with the City of Pinole to allow alcohol sales for their convenience store; and
WHEREAS,, pursuant to the provisions of the California Environmental Quality Act (CEQA) the project is Categorically Exempt and meets the eligibility requirements of Section 15301 of the CEQA Guidelines related to existing facilities in that the proposed use involves the operation of an existing convenience store and therefore no further environmental review is required; and
WHEREAS, the ABC notified the City of Pinole that an undue concentration of onsite alcohol sales licenses exists within Census Tract 3591.03 and WHEREAS, a determination of Public Convenience or Necessity is required to allow additional on-site licenses in an over-concentrated Census Tract; and

WHEREAS, the Police Department has confirmed that the sale of beer and wine is not expected to increase calls for service or crime activity at this location; and WHEREAS, the City has considered the request for Public Convenience or Necessity, the staff report, and the required associated findings pursuant to Section

17.59.030 (C) of the Pinole Municipal Code to justify a determination of Public Convenience or Necessity.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Pinole does hereby resolve that a Public Convenience Necessity is recommended to be approved with the following findings

1. The proposed Yo Sushi restaurant Type 41 alcohol sales will promote the City’s economic health, consistent with the General Plan and any applicable Specific Plan policies, to further the Commercial Mixed-Use Zoning District purposes.

2. The economic benefits associated with the Quick Mart Convenience Store Type 20 alcohol sales could not be achieved without the proposed alcohol sales.

3. The applicant has not operated a licensed establishment, which has been the subject of verified complaints or violations regarding alcohol, public safety, or nuisance statutes or regulations.

4. The Police Department has reported that the proposed beer and wine sales at the existing establishment would not be expected to add to crime in the area; and

5. Alcoholic beverages sold by the applicant are incidental to the other products available for sale at the establishment located at 2432 San Pablo Avenue
BE IT FURTHER RESOLVED that the City Council of the City of Pinole affirms a determination of Public Convenience or Necessity to support a Type 41 alcohol sales license request for on-site consumption of beer and wine sales at the Yo Sushi restaurant located at 2432 San Pablo Avenue, and as a prerequisite to obtaining a Conditional Use Permit as required by Chapter 17.59 of the Pinole Municipal Code PASSED AND ADOPTED at a regular meeting of the Pinole City Council held on the 21st day of October 2025 by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

I, hereby certify that the foregoing resolution was regularly introduced, passed, and adopted on this 21st day of October 2025.

______________________________________
Heather Spears, CMC
City Clerk

CITY COUNCIL
REPORT 9.I.

DATE: OCTOBER 21, 2025
TO: MAYOR AND COUNCIL MEMBERS
FROM: Heather Bell, City Clerk, [email protected]
SUBJECT: AMENDMENT TO THE CITY OF PINOLE CONFLICT OF INTEREST CODE

RECOMMENDATION
Staff recommends that the City Council review and adopt a resolution approving amendments to the designated positions and disclosure categories in the appendix of the City of Pinole Conflict of Interest (COI) Code.

BACKGROUND
The Political Reform Act requires every local government agency to review its Conflict of Interest Code and designated positions and reporting categories, every two years to determine if it is accurate, or alternatively, if the Code requires amendments. As the Code reviewing body for multi-governmental agencies, the California Fair Political Practices Commission (FPPC) must be given notice of any amendments to the City’s Conflict of Interest Code. The Conflict of Interest Code defines which positions must disclose economic interests related to their job.

REVIEW AND ANALYSIS
Staff is advising the Council, as the Code reviewing body, that at this time amendments are necessary to reflect the addition of job classifications.

Any position that has authority to negotiate decisions, provide advice or make recommendations to the Council or City boards should be listed as a designated Code filer along with the determined level of disclosure. The disclosure categories were rewritten and adopted on November 4, 2010, under Resolution 2010-95, and require no further update.

Staff has conducted a comprehensive review, with participation from the City Attorney and Human Resources Departments, and proposes the following amendments which are consistent with the organizational changes that were approved with the adoption of the Pinole FY 2024-2025 Budget.

Addition of two job classifications:

These positions have authority to negotiate on behalf of the agency, and advise on agency decisions, make recommendations and attempt to influence decisions by the Council. They prepare and present reports and analysis that require exercising judgment.

• Communications Director
• IT Manager

FISCAL IMPACT
There is no fiscal impact associated with this recommended action.

ATTACHMENTS
A. Resolution
B. Exhibit A- COI

RESOLUTION NO. 2025-XX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PINOLE, COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, AMENDING THE CITY OF PINOLE’S

CONFLICT OF INTEREST CODE
WHEREAS, the Political Reform Act of 1972 (G.C. Section 81000, et seq.) requires every local government agency to adopt and promulgate a Conflict of Interest Code; and
WHEREAS, the City of Pinole has incorporated by reference three State regulations pursuant to Code of Regulations Section 18730, and amendments to the Regulations duly adopted by the Fair Political Practices Commission, and the “Appendix of Designated Positions and Disclosure Categories for Each Position,” setting forth by title those officers, employees and consultants holding designated positions in the City, whose positions have been determined that the persons holding these positions make or participate in the making of decisions which may foreseeably have a material effect on financial interests; and
WHEREAS, the Code may be amended by the Fair Political Practices Commission to conform to amendments of the Political Reform Act; and any changes are adopted by reference; and

WHEREAS, the City must review their Appendix (Exhibit A) to the Conflict of Interest Code for the City of Pinole biennially and it was last amended on October 19. 2021, pursuant to the requirements of Government Code Section 87300 et seq.; and WHEREAS, since the last amendment approved in September 2024, there have been organizational changes approved by the City Council with the adoption of the FY 2024-2025 Operating Budget that have added positions deemed required for inclusion in the COI Appendix as Designated Positions; and
NOW, THEREFORE, the City Council of the City of Pinole does hereby resolve, as follows:

Section 1. The Appendix to the Conflict of Interest Code for the City of Pinole (attached) is hereby amended to read in the manner as set forth and attached hereto and by this reference, incorporated herein.

Section 2. Following adoption of the Code, any newly designated officials, employees, and consultants shall comply with the Conflict of Interest Code for the City of Pinole within 30 days.

Section 3. The Form 700 (Statement of Economic Interests) are filed and maintained in the Office of the City Clerk and retained pursuant to Government Code Section 81008 and 81009.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Pinole held on the 21st day of October 2025 by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

I hereby certify that the foregoing resolution was introduced, passed and adopted on adopted on this 21st day of October 2025.
__________________________
Heather Spears, CMC
City Clerk

1 In addition to the listed positions designated by the City, the following positions are subject to the disclosure requirements established by Government Code Section 87200: Planning Commission, City Manager, City Attorney, and City Treasurer.

APPENDIX to the CONFLICT-OF-INTEREST CODE

DESIGNATED POSITIONS
AND

DISCLOSURE CATEGORIES
Pursuant to the Conflict of Interest Code of the City of Pinole, the following positions are designated positions as defined in City of Pinole Conflict of Interest Code and have been determined that these persons make or participate in the making of decisions which may foreseeably have a material effect on economic interests. Each must report their interests according to their assigned disclosure categories1.

Department Designated Position Category
Administration Assistant City Manager 1, 5, 6
City Clerk 3, 5, 6
Assistant to the City Manager 3, 5
Human Resources Director 3, 5
Communications Communications Director 1,5,6
IT Manager 1,5,6
Public Works Public Works Director 1, 5, 6
Public Works Manager 1, 5, 6
Wastewater Treatment Plant
Manager 3, 5
Transportation & Pedestrian Safety
(TAPS) Committee 1, 5, 6
Junior Engineer 1, 5, 6
Assistant Engineer 1, 5, 6
Community
Development Community Development Director 1, 5, 6
Planning Manager 1, 5, 6
Code Enforcement Officer I/II 2, 4, 6
Building Official 2, 4, 6
Building Inspector I/II 2, 4, 6
Community Services Community Services Director 1, 5, 6
Community Services Commission 1, 5, 6
Recreation Manager 1, 5, 6
Recreation Coordinator 4

Fire Fire Chief 1, 5, 6
Fire Battalion Chief 1, 5, 6
Police Police Chief 1, 5, 6
Police Commander 1, 5, 6
Police Lieutenant 1, 5, 6
Finance Finance Director 1, 5, 6
City Attorney Assistant City Attorney 1, 5, 6
Assistant General Counsel 1, 5, 6
Consultants* 1-5 or as appropriate*
For purposes of this code, a consultant is defined pursuant to Title 2 Cal. Admin Code Section 18730(2)
(A) Makes a governmental decision whether to: (i) Approve a rate, rule, or regulation; (ii) Adopt or enforce a law;
(iii) Issue, deny, suspend, or revoke any permit, license, application, certificate, approval, order, or similar authorization or entitlement; (iv) Authorize the agency to enter into, modify, or renew a contract provided it is the type of contract that requires agency approval;
(v) Grant agency approval to a contract that requires agency approval and to which the agency is a party, or to the specifications for such a contract; (vi) Grant agency approval to a plan, design, report, study, or similar item; or (vii) Adopt, or grant agency approval of, policies, standards, or guidelines for the agency, or for any subdivision thereof.
*Consultants are also defined for reporting purposes as persons who prepare a product, perform services of a general nature on an on-going basis and participate by direct advice to the decision makers, influence or participate in governmental decisions, or who act in a staff capacity (performing all the same duties for the City that would otherwise be performed by an individual holding a designated position in the City’s Conflict of Interest Code). With respect to consultants, the City Attorney (or designee) may determine in writing that a particular consultant has been retained to perform a range of duties that is sufficiently limited in scope so as to not require full disclosure, or no disclosure. Such written determination shall be based on the consultant’s description of work, as defined in the Contract Scope of Services. Such written determination shall be noted in the consultant contract, including a recitation to the extent of disclosure requirements and signed by the City Attorney (or designee). Any determination is a public record and shall be retained for public inspection.

DISCLOSURE CATEGORIES
DISCLOSURE CATEGORY 1
All interests in real property located within City of Pinole, or within two miles of the boundaries of Pinole or within two miles of any land used or owned by the Agency; and investments and business positions in business entities and income; including loans, gifts, and travel payments from all sources.

DISCLOSURE CATEGORY 2
All interests in real property located within City of Pinole, or within two miles of the boundaries of Pinole or within two miles of any land used or owned by the agency.

DISCLOSURE CATEGORY 3
All investments and business positions in business entities and all sources, including loans, gifts, and travel payments, from sources that provide services, supplies, materials, machinery, or equipment of the type utilized by the agency.

DISCLOSURE CATEGORY 4
All investments and business positions in business entities and all sources of income, including loans, gifts, and travel payments, from sources that provide services, supplies, materials, machinery, or equipment of the type utilized by the designated position’s division or department.

DISCLOSURE CATEGORY 5
All investments and business positions in business entities and sources of income, including loans, gifts, and travel payments from sources of the type to request a permit, license of any type, or entitlement to use agency properties or facilities, included but not limited to:
• Business licenses
• Utility permit, building or inspection permits, solicitor’s, massage operator permits • Land use entitlements
• Grant funding
• Facilities use permits
DISCLOSURE CATEGORY 6

All investments and business positions in business entities, and income, including loans, gifts, and travel payments from sources that filed a claim against the agency during the previous two years, or has a claim pending.

CITY COUNCIL
REPORT 9.J.

DATE: OCTOBER 21, 2025
TO: MAYOR AND COUNCIL MEMBERS
FROM: Kelcey Young, City Manager, 5107248933, [email protected] SUBJECT: APPROVE AMENDMENT TO CITYZEN SOLUTIONS INC. CONTRACT FOR

PUBLIC ENGAGEMENT SOFTWARE

RECOMMENDATION
Staff recommends that the City Council adopt the attached resolution that:

1. Authorizes the City Manager to execute an amendment to its General Services Agreement with Cityzen Solutions to continue providing Public Input, a public engagement software for a three (3) year term; and

2. Appropriate $648 from the General Fund for this effort.

BACKGROUND
In December 2023, the City of Pinole entered into a General Services Agreement with Cityzen Solutions, Inc. to provide public engagement and communications software through its PublicInput platform. The agreement established a two-year service term ending November 30, 2025, with an initial contract value not to exceed $30,450.

The PublicInput platform consolidates multiple engagement and communication tools into a single, centralized system. It provides staff with project-specific websites, interactive participation tools (such as surveys, e-newsletters, comment boards, and polls), integrated meeting management features, language translation services, equity mapping dashboards, and robust public engagement reporting and analysis capabilities.

Since implementation, City staff have used the platform to increase transparency, broaden resident participation in City initiatives, and streamline communications across departments.

The software has also supported compliance with accessibility standards (WCAG 2.1/Section 508) and data security requirements, which are essential for public-facing platforms.

REVIEW AND ANALYSIS
Staff recommends City Council approve an amendment to extend the term of the Agreement for three (3) years beginning December 1, 2025 through November 30, 2028, and to revise the

total compensation to provide for an additional compensation of $51,143.00 as compensation for the extended term for a total not to exceed amount of $81,593.00.

A 3-year renewal of the contract with Cityzen Solutions is recommended because using Public Input has enhanced citywide public engagement and operational efficiency in many ways. It has given staff access to real-time reporting, comment analysis, and sentiment tracking which allows staff to clearly document community input to demonstrate how resident feedback informs decisions. PublicInput also maintains WCAG 2.1 accessibility standards and SOC2 Type 2 data security certification, ensuring compliance with federal accessibility laws and protecting sensitive community data.

The City's e-newsletters: The Pulse, Rec n' Roll, and most recently, Pinole On Air, are drafted and managed through the Public Input platform. PinoleSpeaks.com is the website hosted through Public Input and has served as the City of Pinole's hub for current projects, programs, initiatives and surveys that allow residents a user-friendly and accessible way to engage and share their voice.

Staff have been satisfied with training and technical support services provided by Cityzen Solutions. The agreement includes continued access to a dedicated Success Manager, along with real-time support.

The subscription model offers a comprehensive suite of engagement and communications tools at a predictable cost for the next three (3) years. Renewal avoids the expense and inefficiencies of procuring and managing multiple standalone systems. Staff wish to pursue a multi-year agreement to leverage discounted subscription pricing that is offered only with a 3- year term. Alternatively, if an annual agreement was executed, subscription pricing would be approximately 10% higher each year of renewal.

Overall, renewing the agreement with Cityzen Solutions will allow the City to continue strengthening its public engagement and communications capabilities while maintaining consistency, reliability, and cost control.

FISCAL IMPACT
A resolution approving this contract renewal with Cityzen Solutions would result in an additional $648.00 to be added to the FY 25/26 budget. The cost for year one (1) of the agreement is $16,223.00 which is a 4% increase from the previous year.

The cost of the amended agreement is $51,143.00 over the next three-year period. Staff will adjust the software budget accordingly for subsequent years of the agreement.

ATTACHMENTS
A. Resolution
B. COP and Cityzen Solutions Amendment
C. Cityzen Solutions PublicInput and City of Pinole Agreement

RESOLUTION NO. 2025-XX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PINOLE, COUNTY OF

CONTRA COSTA, STATE OF CALIFORNIA, APPROVING AN AMENDMENT TO EXTEND A THREE-YEAR AGREEMENT WITH CITYZEN SOLUTIONS INC. FOR PUBLIC ENGAGEMENT SOFTWARE IN AN AMOUNT NOT TO EXCEED $51,143.00 AND APPROPRIATE $648.00 TO THE FISCAL YEAR 2025/26 BUDGET WHEREAS, since 2023, the City of Pinole has contracted with Cityzen Solutions Inc. to provide Public Input, a robust public engagement platform; and WHEREAS, the current contract between the City and Cityzen Solutions, Inc. is coming to the end of its term; and
WHEREAS, the Public Input platform has significantly enhanced the City’s communications and engagement by increasing transparency and broadening resident participation in City initiatives;
WHEREAS, City staff has been satisfied with the Public Input platform and support services;
WHEREAS, the City wishes to amend the agreement with Cityzen Solutions, Inc. to extend the term through November 30, 2028; and
WHEREAS, the City would like to amend the contract to increase the compensation in the amount of $51,143.00 for a total not to exceed amount of $81,593.00 in consideration for the Consultant’s additional scope of work under the amended contract. This cost is calculated as $16,223 for the first year, $17,034 for the second year, and $17,886 for the third year; and
WHEREAS, the additional cost exceeds the current FY 2025/2026 budgeted amount of $15,575, therefore an additional budget of $648.00 needs to be allocated in order to renew the Public Input subscription;
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Pinole does hereby authorize the City Manager to execute a contract amendment to renew the agreement with Cityzen Solutions Inc. for a three (3) year term as set forth in the contract amendment attached as Exhibit A to provide public engagement software in an amount not to exceed $51,143.00 and authorize an additional $648.00 be appropriated to the Fiscal Year 2025/26 budget.

PASSED AND ADOPTED at a regular meeting of the Pinole City Council held on the 21st day of October 2025 by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

I, hereby certify that the foregoing resolution was regularly introduced, passed, and adopted on this 21st day of October 2025.
______________________________________
Heather Spears, CMC
City Clerk

FIRST AMENDMENT TO THE

GENERAL SERVICES AGREEMENT

BETWEEN THE CITY OF PINOLE AND

CITYZEN SOLUTIONS
This First Amendment to the General Services Agreement (the “First Amendment”), is made by and entered into between the City of Pinole, a general law city and municipal corporation, (“City”) and Cityzen Solutions, Inc. also doing business as PublicInput (“Contractor”) located at 2409-107 Crabtree Blvd., Ste 303 Raleigh, NC 27604 (together hereinafter referred to as “Parties”) as of the date executed below.

RECITALS
WHEREAS, the Parties previously entered into that certain General Services Agreement dated December 1, 2023 (the “Agreement”), wherein Contractor agreed to provide to the City public engagement and communications software services as more specifically stated in the Scope of Services attached as Exhibit A; and WHEREAS, Section 2 the Agreement provides that the City shall pay a total compensation not to exceed $30,450.00, pursuant to the fee schedule attached as Exhibit B, with the term of the Agreement to end on December 1, 2025, unless otherwise extended as provided for in Section 1.1 of the Agreement; and WHEREAS, the Parties wish to amend the Agreement to extend the term of the Agreement through November 30, 2028, and to revise the total compensation to provide for an additional compensation of $51,143.00 as compensation for the extended term for a total not to exceed amount of $81,593.00.

NOW, THEREFORE, in consideration of the mutual covenants contained herein and good and valuable consideration the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:

1. Term of Services. Section 1.1 of the Agreement shall be amended to extend the contract term through November 30, 2028, or through the date of a new contract for services, whichever comes first.

2. Compensation. Section 2 of the Agreement shall be amended to state that the City hereby agrees to pay Contractor a total amount not to exceed $81,593.00, for all work set forth in Exhibit A, whether by fixed price or hourly rates subject to a fixed rate schedule, pursuant to the fee schedule attached as Exhibit B, which is incorporated herein, including all reimbursable expenses incurred in performing the services.

3. Attachments. Exhibits A and B to the Agreement are hereby deleted in their entirety and replaced with the revised Exhibits A and B attached hereto and incorporated herein by this reference as:

Exhibit A – SCOPE OF SERVICES
Exhibit B – FEE SCHEDULE

4. Effect of Amendment. The Parties hereto acknowledge that except as expressly modified herein, the Agreement remains unmodified and in full force and effect. In the event of any conflict or inconsistency between the terms of this First Amendment and the Service Agreement, the terms of this First Amendment shall control. This First Amendment may be executed simultaneously or in counterparts, each of which shall be deemed an original, of which together shall constitute one and the same agreement.

The Parties have executed this First Amendment to the Agreement effective as of the date signed by the City.

City of Pinole Contractor

____________________________ _______________________
Kelcey Young, City Manager Kevin Fowler, VP Operations and Finance

Dated: _____________________ Dated: __________________
Approved as to Form:
___________________________________
Eric S. Casher, City Attorney
Attest:
___________________________________
Heather Spears, City Clerk

EXHIBIT A

SCOPE OF SERVICES

PUBLIC ENGAGEMENT AND COMMUNICATIONS SOFTWARE FOR PINOLE, CA Engage Plus Tier
For sophisticated organizations seeking to consolidate numerous point solutions and centralize largescale teams to achieve a world-class communications and engagement program. ✓Integrated online Public Engagement Portal featuring searchable project websites and accessible participation tools.
✓WYSIWYG project website builder featuring embedded videos, images, FAQ’s, project timelines, and unlimited project hosting.
✓Industry-leading participation toolkit including Idea Boards, survey tools, budgeting exercises, comment forms, quick polls, and interactive maps.
✓Comment analysis, dynamic reports, and participation mapping to ensure data-driven decisions are based on both what was heard, and who was heard.
✓Embeddable Public Meeting listings and calendar, online registration forms, and in-person attendance tracking.
✓SOC2 Type 2 data security certification and WCAG 2.1 (Section 508) compliance ✓Offline (phone, text, social, and in-person) comment tools to ensure residents more flexible, accessible engagement options.
✓Email newsletter builder, embeddable subscription widget, one-click text message notifications, geofencing, and reach reports.
✓Analysis tools to understand unique segments of your community, share insights with stakeholders, and defend decisions using data.
✓Census-backed Equity Mapping dashboards to ensure representative engagement and targeted outreach to key stakeholders.
✓Public meeting registration forms, sign-in kiosks, attendance tracking, and automated audio recording and transcription.
✓Unique urls and Click-to-Translate to provide tailored experiences for non-English-speaking residents.
✓API integrations for disconnected engagement, meetings, and communications solutions with a central system of record.
✓Customizable Equity Mapping dashboard including ESRI ArcGIS integrations to filter by custom layers in
reporting
✓AI-enhanced comment coding to automate much of the analysis process. ✓Administrative Public Meetings hub, including embedded livestreaming, speaker queue management and enterprise meeting participation reporting.
✓Automated Peer-Agency contact and data sharing.

Highlighted features include:
● Project-specific email inboxes
● Moderated discussion forums
● Participant location capture and searchable participant database

● Automatic language translation
● Offline activity logging
● Custom links and branding
● Inbound SMS text comment management
● AI-Assisted sentiment analysis
● Social Media comment capture
● Geographic subscriber segmentation
● Last Mile language translation and web page form
editor (alt-text and image edits)
● Real-time and multi-lingual closed captions for
livestreamed public meetings
● On-Demand SMS Text notifications
● Custom CRM fields and attributes
MORE THAN A USERNAME OR PASSWORD, WE ARE IN THIS TOGETHER.

SUCCESS MANAGER
With a dedicated Success Manager and a team of implementation and support specialists, the Agency has access to go-to contacts for ongoing training and learning to make the most of the platform.

ONBOARDING & IMPLEMENTATION
After working with your dedicated implementation specialist to ensure past work is not wasted, staff and consultants will learn platform features and best practices through comprehensive training and ondemand sessions.

SUPPORT
Real-time chat support is available during 9am-8pm EST, and after hours help desk access can be requested when important public meetings are on the calendar.

SERVICE LEVELS AND SUPPORT
PublicInput will provide onboarding and implementation services, as well as ongoing support and maintenance as reasonably requested by Customer. Support services related to bug reports or material defects, defined as a malfunction which causes failure of a critical feature or issues with platform performance, will be prioritized, and time associated with fixing any bugs or material defects will be included in the Annual Service Term Fee. Requests for modifications, not considered to be related to a bug or material defect, will be scheduled based on the nature of the request, resource availability, and is subject to pricing stated below. Custom Development, defined as product updates that do not currently exist in their exact form, will be delivered at PublicInput discretion. If approved, Custom Development will be scheduled based on resource availability and charged at the hourly rates set forth in this Agreement.

Standard Customer Support Includes:

Periodic virtual user training
Access to PublicInput API and API Documentation
Customer support via phone, email, chat, ticketing system Hosting and backup services
Data access for purpose of analytics
Platform data extraction availability at all times: platform data will be available to extract provided the customer gives at least 24 hours notice (weekends excluded) PublicInput: Engage Plus Tier Software Annual Fee (Year 1): $16,223

Optional Service Offerings & Fees
Data Imports – Custom (Fee variation based on scope and complexity) Programming Services – $500/hour (Includes customized development work; Minimum 20 hours) CS Professional Services – $250/hour (Data research, clean up, special projects or other services; Minimum 8 hours)
Invoice Date: Upon signed acceptance of this service agreement.

Payment Terms: Net 30
Service Term Start Date: 12/1/2025
Service Term End Date: 11/30/2028
Additional Notes:
● Additional incremental annual subscription fees shall apply if Customer requests additional units or services during the Service Term period.
● Prices shown above do not include any taxes that may apply. Any such taxes are the responsibility of Customer. This is not an invoice.
● Remittance Advice & Billing Inquiries: [email protected] ● The Service Term shall be the period starting from the Service Term Start Date through the Service Term End Date.

The pricing offered in this Service Agreement is valid 60 days from Created Date.

EXHIBIT B

FEE SCHEDULE

General Services Agreement between
City of Pinole and Cityzen Solutions, Inc. Page 1 of 19

GENERAL SERVICES AGREEMENT BETWEEN
THE CITY OF PINOLE AND CITYZEN SOLUTIONS, INC.

This agreement for General Services (“Agreement”) is entered into on December 1, 2023 (the “Effective Date”) between the CITY OF PINOLE, a municipal corporation, with offices located at 2131 Pear Street, Pinole, California (“City”) and Cityzen Solutions, Inc. (“Contractor”) located at 2409-107 Crabtree Blvd., Ste 303 Raleigh, NC 27604 (together sometimes referred to as the “Parties”).

Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Contractor agrees to provide to City the services described in the Scope of Services, attached as Exhibit A, which is incorporated herein at the time and place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms of this Agreement and Contractor’s proposal attached as Exhibit A, this Agreement shall prevail.

1.1 Term of Services. This Agreement shall begin on the Effective Date and shall end on December 1, 2025, two (2) years from the Effective Date, unless the term of the Agreement is otherwise terminated or modified, as provided for herein. If the performance of the Scope of Services extends beyond the two (2) year term of this Agreement, then the term of this Agreement may be extended by written agreement of the Parties solely for and until an agreed upon date for completion of the Scope of Services. The time provided to Contractor to complete the services required by this Agreement shall not affect the City’s right to terminate the Agreement, as provided for in Section 8.

1.2 Standard of Performance. Contractor shall diligently perform all services required in connection with this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Contractor is engaged in the geographical area in which Contractor practices its profession. Contractor shall prepare all work products required by this Agreement in a professional manner and shall conform to the standards of quality normally observed by a person practicing in Contractor’s profession.

1.3 Assignment of Personnel. Contractor shall assign only competent personnel to perform services in connection with this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Contractor shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons.

1.3 Time. Contractor shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to meet the standard of performance provided in Section 1.1 above and to satisfy Contractor’s obligations hereunder.

Section 2. COMPENSATION. City hereby agrees to pay Contractor an amount not to exceed $30,450.00, for all work set forth in Exhibit A , whether by fixed price or hourly rates subject to a fixed rate schedule, pursuant to the fee schedule attached as Exhibit B, which is incorporated herein, including all reimbursable expenses incurred in performing the services. In the event of a conflict between this Agreement and Contractor’s proposal regarding the amount of compensation, the Agreement shall prevail. City shall pay Contractor for services rendered pursuant to this Agreement at the time and in the manner set forth herein.

DocuSign Envelope ID: B240178F-B836-4838-9A8C-3C6FC654BB9B

General Services Agreement between
City of Pinole and Cityzen Solutions, Inc. Page 2 of 19 Contractor and City acknowledge and agree that compensation paid by City to Contractor under this Agreement is based upon Contractor’s estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Contractor. Consequently, the parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Contractor and its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement.

2.1 Invoices. Contractor shall submit invoices not more often than once a month during the term of this Agreement, based on the cost for services performed and reimbursable costs incurred prior to the invoice date. Contractor shall have ninety (90) days after the completion of work to invoice City for all amounts due and outstanding pursuant to the terms of this Agreement. In the event Contractor fails to invoice City for all amounts due within such ninety (90) day period, Contractor shall waive its right to collect payment from City. Invoices shall contain the following information:
▪ Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.;
▪ The beginning and ending dates of the billing period; ▪ A Task Summary containing the original contract amount, the amount of prior billings, the total due this period, the balance available under the Agreement, and the percentage of completion;
▪ At City’s option, for each work item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person doing the work, the hours spent by each person, a brief description of the work, and each reimbursable expense;
▪ The Contractor’s signature.

2.2 Payment. City shall make monthly payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have thirty (30) days from the receipt of an invoice that complies with all of the requirements above to pay Contractor.

2.3 Reimbursable Expenses. No expenses, costs, or liabilities of Contractor shall be reimbursable unless the obligation and manner of reimbursement is expressly set forth in the scope of services (Exhibit A) and in the fee schedule (Exhibit B). Reimbursable expenses are included in the total amount of compensation provided under this Agreement that shall not be exceeded.

2.4 Payment of Taxes. Contractor is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes.

2.5 Total Payment. City shall pay for the services to be rendered by Contractor pursuant to this Agreement. City shall not pay any additional sum for any expense or cost whatsoever incurred by Contractor in rendering services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement.

DocuSign Envelope ID: B240178F-B836-4838-9A8C-3C6FC654BB9B

General Services Agreement between
City of Pinole and Cityzen Solutions, Inc. Page 3 of 19 In no event shall Contractor submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entire Agreement, unless the Agreement is modified prior to the submission of such an invoice by a properly executed change order or amendment.

2.6 Authorization to Perform Services. The Contractor is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator.

Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Contractor shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this Agreement.

Section 4. INSURANCE REQUIREMENTS. Before beginning any services under this Agreement, Contractor, at its own cost and expense, shall procure the types and amounts of insurance specified herein and maintain that insurance throughout the term of this Agreement. The cost of such insurance shall be included in the Contractor’s bid or proposal. Contractor shall be fully responsible for the acts and omissions of its employees, subcontractors or other agents.

4.1 Workers’ Compensation. Contractor shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Contractor in the minimum amount required by applicable California law. The requirement to maintain Statutory Workers’ Compensation and Employer’s Liability Insurance may be waived by the City upon written verification that Contractor is a sole proprietor and does not have any employees and will not have any employees during the term of this Agreement.

4.2 Commercial General and Automobile Liability Insurance.

4.2.1 General requirements. Contractor, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000) per occurrence and TWO MILLION DOLLARS ($2,000,000) aggregate, combined single limit coverage for risks associated with the work contemplated by this Agreement.

4.2.2 Minimum scope of coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (most recent edition) covering comprehensive General Liability on an “occurrence” basis. . No endorsement shall be attached limiting the coverage.

4.2.3 Additional requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:
a. The Commercial General Insurance shall cover on an occurrence basis. b. City, its officers, officials, employees, agents, and volunteers shall be covered as additional insureds for liability arising out of work or operations on behalf of the Contractor, including materials, parts, or equipment furnished in DocuSign Envelope ID: B240178F-B836-4838-9A8C-3C6FC654BB9B

General Services Agreement between
City of Pinole and Cityzen Solutions, Inc. Page 4 of 19 connection with such work or operations. Coverage can be provided in the form of an endorsement to the Contractor’s insurance at least as broad as CG 20 10 11 85, or both CG 20 10 10 01 and CG 20 37 10 01. c. For any claims related to this Agreement or the work hereunder, the Contractor’s insurance covered shall be primary insurance as respects the City, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, agents or volunteers shall be excess of the Contractor’s insurance and noncontributing. d. The policy shall cover inter-insured suits and include a “separation of Insureds” or “severability” clause which treats each insured separately. e. Contractor agrees to give at least 30 days prior written notice to City before coverage is canceled or modified as to scope or amount

4.3 Professional Liability Insurance.

4.3.1 General requirements. Contractor, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing work pursuant to this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000) per occurrence or claim covering the Contractor’s errors and omissions.

4.3.2 Claims-made limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form:
a. The retroactive date of the policy must be shown and must be before the date of the Agreement.
b. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the Agreement or the work. c. If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the date of this Agreement, Contractor must provide extended reporting coverage for a minimum of five (5) years after completion of work under this Agreement. d. A copy of the claim reporting requirements must be submitted to the City prior to the commencement of any work under this Agreement.

4.4 All Policies Requirements.

4.4.1 Submittal Requirements. Contractor shall submit the following to City prior to beginning services:
a. Certificate of Liability Insurance in the amounts specified in this Agreement; and
b. Additional Insured Endorsement as required for the General Commercial Polices.

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4.4.2 Acceptability of insurers. All insurance required by this section is to be placed with insurers with a Bests' rating of no less than A:VII.

4.4.3 Deductibles and Self-Insured Retentions. Insurance obtained by the Contractor shall have a self-insured retention or deductible of no more than ONE HUNDRED THOUSAND DOLLARS ($100,000.00).

4.4.4 Wasting Policies. No policy required herein shall include a “wasting” policy limit (i.e. limit that is eroded by the cost of defense).

4.4.5 Waiver of Subrogation. Contractor hereby agrees to waive subrogation which any insurer or contractor may require from Contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsements that may be necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.

4.4.6 Subcontractors. Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein, and Contractor shall ensure that City, its officers, officials, employees, agents, and volunteers are covered as additional insured on all coverages.

4.4.7 Excess Insurance. If Contractor maintains higher insurance limits than the minimums specified herein, City shall be entitled to coverage for the higher limits maintained by the Contractor.

4.5 Remedies. In addition to any other remedies City may have if Contractor fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option: 1) obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement; 2) order Contractor to stop work under this Agreement and withhold any payment that becomes due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof; and/or 3) terminate this Agreement.

Section 5. INDEMNIFICATION AND CONTRACTOR’S RESPONSIBILITIES.

5.1 (a) Contractor shall to the fullest extent allowed by law, with respect to all services performed in connection with this Agreement, indemnify, defend and hold harmless the City and its officials, commissioners, officers, employees, agents and volunteers from and against any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged negligent acts, omissions or willful misconduct of Contractor, its officials, officers, employees, agents, subcontractors and subcontractors arising out of or in connection with the performance of the services under this Agreement, including without limitation the payment of all consequential damages, attorneys’ fees and other related costs DocuSign Envelope ID: B240178F-B836-4838-9A8C-3C6FC654BB9B

General Services Agreement between
City of Pinole and Cityzen Solutions, Inc. Page 6 of 19 and expenses. Such obligations to defend, hold harmless and indemnify the City shall not apply to the extent that such Liabilities are caused by the sole negligence, active negligence, or willful misconduct of the City.
(b) Contractor shall also indemnify, defend and hold harmless the City and its officials, commissioners, officers, employees, agents and volunteers from all suits or claims for infringement of any patent rights, copyrights, trade secrets, trade names, trademarks, service marks, or any other proprietary rights of any person or persons because of the City or any of its officers, officials, employees, volunteers, or agents use of articles, products things, or services supplied in the performance of Contractor’s services under this Agreement, however, the cost to defend charged to Contractor shall not exceed Contractor’s proportionate percentage fault.
(c) City shall indemnify, hold harmless, and, at Contractor’s option, defend Contractor from and against any Losses resulting from any Third-Party Claim that the City’s data, or any use of the City’s data in accordance with this Agreement, infringes or misappropriates such third party’s intellectual property rights, and any Third-Party Claims based on City’s or any Authorized User’s: (i) negligence or willful misconduct; (ii) use of the Services in a manner not authorized by this Agreement; (iii) use of the Services in combination with data, software, hardware, equipment, or technology not provided by Contractor or authorized by Contractor in writing; or (iv) modifications to the Services not made by Contractor, provided that City may not settle any Third-Party Claim against Contractor unless Contractor consents to such settlement, and further provided that Contractor will have the right, at its option, to defend itself against any such Third-Party Claim or to participate in the defense thereof by counsel of its own choice.

5.2 PERS Indemnification. In the event that Contractor or any employee, agent, or subcontractor of Contractor providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Contractor shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Contractor or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.

Section 6. STATUS OF CONTRACTOR. At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee of City. City shall have the right to control Contractor only insofar as the results of Contractor's services rendered pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3; however, otherwise City shall not have the right to control the means by which Contractor accomplishes services rendered pursuant to this Agreement. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Contractor and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (PERS) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits. Contractor shall have no authority, express or implied, to act DocuSign Envelope ID: B240178F-B836-4838-9A8C-3C6FC654BB9B

General Services Agreement between
City of Pinole and Cityzen Solutions, Inc. Page 7 of 19 on behalf of City in any capacity whatsoever as an agent. Contractor shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever.

Section 7. LEGAL REQUIREMENTS.

7.1 Governing Law. The laws of the State of California shall govern this Agreement.

7.2 Compliance with Applicable Laws. Contractor and any subcontractors shall comply with all laws applicable to the performance of the work in connection with this Agreement.

7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Contractor and any subcontractors shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program.

7.4 Licenses and Permits. Contractor represents and warrants to City that Contractor and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions.

7.5 Nondiscrimination and Equal Opportunity. In compliance with federal, state and local laws, Contractor shall not discriminate, on the basis of a person’s race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, or sexual orientation, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Contractor under this Agreement. Contractor shall comply with all applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any services that are the subject of this Agreement, including but not limited to the satisfaction of any positive obligations required of Contractor thereby.

Contractor shall include the provisions of this Subsection in any subcontract approved by the Contract Administrator or this Agreement.

Section 8. TERMINATION AND MODIFICATION.

8.1 Termination. .
(i) Contractor may terminate this Agreement, effective on written notice to City, if City fails to pay any amount when due hereunder, and such failure continues more than thirty (30) days after Contractor’s delivery of written notice thereof;
(ii) either Party may terminate this Agreement, effective on written notice to the other Party, if the other Party materially breaches this Agreement, and such breach: (A) is incapable of cure; or (B) being capable of cure, remains uncured thirty (30) days after the non-breaching Party provides the breaching Party with written notice of such breach; or (iii) either Party may terminate this Agreement, effective immediately upon written notice to the other Party, if the other Party: (A) becomes insolvent or is generally unable to pay, or fails to pay, its debts as they become due; (B) files or has filed against it, a petition for DocuSign Envelope ID: B240178F-B836-4838-9A8C-3C6FC654BB9B

General Services Agreement between
City of Pinole and Cityzen Solutions, Inc. Page 8 of 19 voluntary or involuntary bankruptcy or otherwise becomes subject, voluntarily or involuntarily, to any proceeding under any domestic or foreign bankruptcy or insolvency law; (C) makes or seeks to make a general assignment for the benefit of its creditors; or (D) applies for or has appointed a receiver, trustee, custodian, or similar agent appointed by order of any court of competent jurisdiction to take charge of or sell any material portion of its property or business.
(c) Effect of Expiration or Termination. Upon expiration or earlier termination of this Agreement, City shall immediately discontinue use of the Contractor IP and City shall delete, destroy, or return all copies of the Contractor IP and certify in writing to the Contractor that the Contractor IP has been deleted or destroyed. No expiration or termination will affect City’s obligation to pay all Fees that may have become due before such expiration or termination or entitle City to any refund.

In the event of termination, Contractor shall be entitled to compensation for services performed to the effective date of termination; City, however, may condition payment of such compensation upon Contractor delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Contractor or prepared by or for Contractor or the City in connection with this Agreement.

Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall be specified in writing by the City.

8.2 Amendments. The parties may amend this Agreement only by a writing signed by all the parties.

8.3 Assignment and Subcontracting. City and Contractor recognize and agree that this Agreement contemplates personal performance by Contractor and is based upon a determination of Contractor’s unique professional competence, experience, and specialized professional knowledge. Moreover, a substantial inducement to City for entering into this Agreement was and is the personal reputation and competence of Contractor. Contractor may not assign this Agreement or any interest therein without the prior written approval of the City. Contractor shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of the City.

8.4 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Contractor shall survive the termination of this Agreement.

8.5 Options upon Breach by Contractor. If Contractor materially breaches any of the terms of this Agreement, City’s remedies shall include, but not be limited to, the following:

8.5.1 Immediately terminate the Agreement;

8.5.2 Retain the plans, specifications, drawings, reports, design documents, and any DocuSign Envelope ID: B240178F-B836-4838-9A8C-3C6FC654BB9B

General Services Agreement between
City of Pinole and Cityzen Solutions, Inc. Page 9 of 19 other work product prepared by Contractor pursuant to this Agreement;

8.5.3 Retain a different contractor to complete the work described in Exhibit A not finished by Contractor; or

8.5.4 Charge Contractor the difference between the cost to complete the work described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Contractor pursuant to Section 2 if Contractor had completed the work.

8.5.5 Subject to cure period referenced in Section 8.1(ii) Section 9. KEEPING AND STATUS OF RECORDS.

9.1 Records Created as Part of Contractor’s Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Contractor prepares or obtains in accordance with this Agreement and that relate to the matters covered under the terms of this Agreement shall be the property of the City.

9.2 Contractor’s Books and Records. Contractor shall maintain any and all records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to the Contractor to this Agreement.

9.3 Confidential Information and Disclosure. During the term of this Agreement, either party (the “Disclosing Party”) may disclose confidential, proprietary or trade secret information (the “Information”), to the other party (the “Receiving Party”). The Receiving Party shall hold the Disclosing Party’s Information in confidence and shall take all reasonable steps to prevent any unauthorized possession, use, copying, transfer or disclosure of such Information. Contractor understands that City is a public City and is subject to the laws that may compel it to disclose information about Contractor’s business. Nothing by way of this section is intended to modify or eliminate City’s obligations under state and federal law, including but not limited to the Public Records Act.

Section 10 MISCELLANEOUSPROVISIONS.

10.1 Attorneys’ Fees. If a party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose.

10.2 Venue. In the event that either party brings any action against the other under this Agreement, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of Contra Costa or in the United States District DocuSign Envelope ID: B240178F-B836-4838-9A8C-3C6FC654BB9B

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City of Pinole and Cityzen Solutions, Inc. Page 10 of 19 Court for the Northern District of California.

10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement.

10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement.

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10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the parties.

10.6 Use of Recycled Products. Contractor shall endeavor to prepare and submit all reports, written studies and other printed material on recycled paper to the extent it is available at equal or less cost than virgin paper.

10.7 Conflict of Interest. Contractor may serve other clients, but none whose activities within the corporate limits of City or whose business, regardless of location, would place Contractor in a “conflict of interest,” as that term is defined in the Political Reform Act, codified at California Government Code Section 81000 et seq.

Contractor shall not employ any City official in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement that would violate California Government Code Sections 1090 et seq.

Contractor hereby warrants that it is not now, nor has it been in the previous twelve (12) months, an employee, agent, appointee, or official of the City. If Contractor was an employee, agent, appointee, or official of the City in the previous twelve months, Contractor warrants that it did not participate in any manner in the forming of this Agreement. Contractor understands that, if this Agreement is made in violation of Government Code §1090 et.seq., the entire Agreement is void and Contractor will not be entitled to any compensation for services performed pursuant to this Agreement, including reimbursement of expenses, and Contractor will be required to reimburse the City for any sums paid to the Contractor. Contractor understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of Government Code § 1090 and, if applicable, will be disqualified from holding public office in the State of California.

Contractor will comply with all conflict of interest laws and regulations including, without limitation, City’s Conflict of Interest Code (on file in the City Clerk’s Office). It is incumbent upon the Contractor or Contractor’s firm to notify the City pursuant to section 10.10 Notices of any staff changes relating to this Agreement. a. In accomplishing the scope of services of this Agreement, all officers, employees and/or agents of Contractor(s), unless as indicated in Subsection b., will be performing a very limited and closely supervised function, and, therefore, are unlikely to have a conflict of interest arise. No disclosures are required for any officers, employees, and/or agents of Contractor, except as indicated in Subsection b.

Initialed by City Attorney’s Office
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General Services Agreement between
City of Pinole and Cityzen Solutions, Inc. Page 12 of 19 b. In accomplishing the scope of services of this Agreement, Contractor(s) will be performing a specialized or general service for the City, and there is substantial likelihood that the Contractor’s work product will be presented, either written or orally, for the purpose of influencing a governmental decision. As a result, the following Contractor(s) shall be subject to the Disclosure Category “1-5” of the City’s Conflict of Interest Code:

10.8 Solicitation. Contractor agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any written materials.

10.9 Contract Administration. This Agreement shall be administered by Fiona Epps, Assistant to the City Manager who shall act as the City’s representative. All correspondence shall be directed to or through Fiona Epps or his or her designee.

10.10 Notices. Any written notice to Contractor shall be sent to:

Cityzen Solutions, Inc. ATTN: Kevin Fowler
2409-107 Crabtree Blvd., Ste 303
Raleigh, NC 27604
Any written notice to City shall be sent to:

City of Pinole, ATTN: City Manager
2131 Pear Street
Pinole, California 94564

10.11 Professional Seal. Where applicable in the determination of the City, the first page of a technical report, first page of design specifications, and each page of construction drawings shall be stamped/sealed and signed by the licensed professional responsible for the report/design preparation.

10.12 Integration; Incorporation. This Agreement, including all the exhibits attached hereto, represents the entire and integrated agreement between City and Contractor and supersedes all prior negotiations, representations, or agreements, either written or oral. All exhibits attached hereto are incorporated by reference herein.

10.13 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.

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General Services Agreement between
City of Pinole and Cityzen Solutions, Inc. Page 13 of 19 The Parties have executed this Agreement as of the date signed by the City.

CITY OF PINOLE CITYZEN SOLUTIONS, INC.

Date: Date:

Neil Gang, Interim City Manager Kevin Fowler, VP Operations and Finance Attest:
__________________________
Heather Bell
City Clerk
Approved as to Form:
____________________________
Eric Casher
City Attorney
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General Services Agreement between
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EXHIBIT A

SCOPE OF WORK

PUBLIC ENGAGEMENT AND COMMUNICATIONS SOFTWARE FOR PINOLE, CA Engage Plus Tier
For sophisticated organizations seeking to consolidate numerous point solutions and centralize large-scale teams to achieve a world-class communications and engagement program. ✓Integrated online Public Engagement Portal featuring searchable project websites and accessible participation tools.
✓WYSIWYG project website builder featuring embedded videos, images, FAQ’s, project timelines, and unlimited project hosting.
✓Industry-leading participation toolkit including Idea Boards, survey tools, budgeting exercises, comment forms, quick polls, and interactive maps.
✓Comment analysis, dynamic reports, and participation mapping to ensure data-driven decisions are based on both what was heard, and who was heard.
✓Embeddable Public Meeting listings and calendar, online registration forms, and in-person attendance tracking.
✓SOC2 Type 2 data security certification and WCAG 2.1 (Section 508) compliance ✓Offline (phone, text, social, and in-person) comment tools to ensure residents more flexible, accessible engagement options.
✓Email newsletter builder, embeddable subscription widget, one-click text message notifications, geofencing, and reach reports.
✓Analysis tools to understand unique segments of your community, share insights with stakeholders, and defend decisions using data.
✓Census-backed Equity Mapping dashboards to ensure representative engagement and targeted outreach to key stakeholders.
✓Public meeting registration forms, sign-in kiosks, attendance tracking, and automated audio recording and transcription.
✓Unique urls and Click-to-Translate to provide tailored experiences for non-English-speaking residents.
✓API integrations for disconnected engagement, meetings, and communications solutions with a central system of record.
✓Customizable Equity Mapping dashboard including ESRI ArcGIS integrations to filter by custom layers in reporting
✓AI-enhanced comment coding to automate much of the analysis process. ✓Administrative Public Meetings hub, including embedded livestreaming, speaker queue management and enterprise meeting participation reporting.
✓Automated Peer-Agency contact and data sharing.

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General Services Agreement between
City of Pinole and Cityzen Solutions, Inc. Page 15 of 19 Highlighted features include:
● Project-specific email inboxes
● Moderated discussion forums
● Participant location capture and searchable participant database ● Automatic language translation
● Offline activity logging
● Custom links and branding
● Inbound SMS text comment management
● AI-Assisted sentiment analysis
● Social Media comment capture
● Geographic subscriber segmentation
● Last Mile language translation and web page form
editor (alt-text and image edits)
● Real-time and multi-lingual closed captions for
livestreamed public meetings
● On-Demand SMS Text notifications
● Custom CRM fields and attributes
MORE THAN A USERNAME OR PASSWORD, WE ARE IN THIS TOGETHER.

SUCCESS MANAGER
With a dedicated Success Manager and a team of implementation and support specialists, the Agency has access to go-to contacts for ongoing training and learning to make the most of the platform.

ONBOARDING & IMPLEMENTATION
After working with your dedicated implementation specialist to ensure past work is not wasted, staff and consultants will learn platform features and best practices through comprehensive training and on-demand sessions.

SUPPORT
Real-time chat support is available during 9am-8pm EST, and after hours help desk access can be requested when important public meetings are on the calendar.

SERVICE LEVELS AND SUPPORT
PublicInput will provide onboarding and implementation services, as well as ongoing support and maintenance as reasonably requested by Customer. Support services related to bug reports or material defects, defined as a malfunction which causes failure of a critical feature or issues with platform performance, will be prioritized, and time associated with fixing any bugs or material defects will be included in the Annual Service Term Fee. Requests for modifications, not considered to be related to a bug or material defect, will be scheduled based on the nature of the request, resource availability, and is subject to pricing stated below. Custom Development, defined as product updates that do not currently exist in their exact form, will be delivered at PublicInput discretion. If approved, Custom Development will be scheduled based on resource availability and charged at the hourly rates set forth in this Agreement.

Standard Customer Support Includes:

Periodic virtual user training
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City of Pinole and Cityzen Solutions, Inc. Page 16 of 19 Access to PublicInput API and API Documentation
Customer support via phone, email, chat, ticketing system Hosting and backup services
Data access for purpose of analytics
Platform data extraction availability at all times: platform data will be available to extract provided the customer gives at least 24 hours notice (weekends excluded) PublicInput: Engage Plus Tier Software Annual Fee (Year 1): $15,000 Optional Service Offerings & Fees
Data Imports – Custom (Fee variation based on scope and complexity) Programming Services – $500/hour (Includes customized development work; Minimum 20 hours) CS Professional Services – $250/hour (Data research, clean up, special projects or other services; Minimum 8 hours)
Invoice Date: Upon signed acceptance of this service agreement.

Payment Terms: Net 30
Service Term Start Date: 12/1/2023
Service Term End Date: 11/30/2025
Additional Notes:
● Additional incremental annual subscription fees shall apply if Customer requests additional units or services during the Service Term period.
● Prices shown above do not include any taxes that may apply. Any such taxes are the responsibility of Customer. This is not an invoice.
● Remittance Advice & Billing Inquiries: [email protected] ● The Service Term shall be the period starting from the Service Term Start Date through the Service Term End Date.

The pricing offered in this Service Agreement is valid 60 days from Created Date.

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EXHIBIT B

FEE SCHEDULE

RECURRING SERVICES QTY ANNUAL FEES
PublicInput: Engage Plus Tier - Year 1 1 $15,000
PublicInput: Engage Plus Tier - Year 2 1 $15,450
Authorized Users 10 Included
Text Message Credits 24,000 Included

ONE-TIME SERVICES QTY ONE-TIME FEES
Implementation and Training (Discounted) 1 $4,500
SERVICE TERM TOTAL $30,450

1. SERVICES: Contractor agrees to provide public engagement and communications software, implementation, training and support.

2. PAYMENT TERMS: Net 30
Billing for services will occur on an annual basis.

Service Term Start Date: 12/1/2023
Service Term End Date: 11/30/2025

3. Optional Service Offerings & Fees
Data Imports – Custom (Fee variation based on scope and complexity) Programming Services – $500/hour (Includes customized development work; Minimum 20 hours) CS Professional Services – $250/hour (Data research, clean up, special projects or other services; Minimum 8 hours)
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CITY COUNCIL
REPORT 10.A.

DATE: OCTOBER 21, 2025
TO: MAYOR AND COUNCIL MEMBERS
FROM: Keith Marks, Chief Building Official, 510-724-9016, [email protected] SUBJECT: INTRODUCTION AND FIRST READING OF AN ORDINANCE TO ADOPT THE 2025 CALIFORNIA BUILDING STANDARDS CODE AND UPDATE THE

CITY'S BUILDING AND FIRE CODE

RECOMMENDATION
Staff recommends that the City Council introduce and waive the first reading of an Ordinance adopting the 2025 Building Standards Code with updates to the City’s Building and Fire Code.

BACKGROUND
The California Building Standards Commission (the “Commission”) is a State agency responsible for producing sensible and usable state building standards, and the administrative regulations that implement and enforce those standards. Every three years the Commission reviews and updates the California Building, Fire, Plumbing, Mechanical, Electrical and Residential Codes that apply in California. The newly updated 2025 California Building Standards Codes (“CBSC”), which include updates to the State Fire Code, becomes effective in California cities on January 1, 2026. The California Health and Safety Code requires local agencies to adopt the building standards contained in the uniform statewide codes but allows cities to modify the codes to reflect local conditions. Pinole previously adopted its current codes in 2022, incorporating and modifying the City’s Municipal Code (Title 15) to comply with the 2022 CBSC updates.

The 2025 CBSC, Title 24, Parts 1-6 and 9-12 are as follows:

Part 1: California Administrative Code (CAC).

Part 2: California Building Code (CBC).

Part 2.5: California Residential Code (CRC).

Part 3: California Electrical Code (CEC).

Part 4: California Mechanical Code (CMC).

Part 5: California Plumbing Code (CPC).

Part 6: California Energy Code (CEnC).

Part 7: California Wildland-Urban Interface Code
Part 8: California Historical Building Code
Part 9: California Fire Code (CFC)
Part 10: California Existing Building Code (CEBC)
Part 11: California Green Building Standards Code (CALGreen) Part 12: California Reference Standards Code
2024 International Property Maintenance Code

The draft Ordinance updating the City’s Municipal Code (Attachment A) references those sections of the California Building Standards Code (CBSC) that are most relevant to Pinole and incorporates local amendments recommended by City staff and carried forward from the 2022 code cycle. The proposed amendments are formatted and numbered to align with the updated CBSC. The full text of the 2025 CBSC is available on the California Building Standards Commission website at: https://www.dgs.ca.gov/BSC/Resources/2025-Title-24- California-Code-Changes.

The 2025 CBSC becomes effective January 1, 2026, regardless of whether the City takes formal action. Adoption of the proposed Ordinance prior to that date is necessary to ensure that Pinole’s local amendments—originally adopted in 2022 and revalidated under this update—take effect concurrently with the 2025 CBSC and remain legally enforceable.

REVIEW AND ANALYSIS
Under State law, a city may adopt building and construction standards more restrictive than those contained in the California Building Standards Code (CBSC), provided that the City Council makes findings of local climatic, geological, or topographical conditions to justify each amendment. These findings will be included in a separate resolution presented to the City Council for adoption concurrent with the second reading of the proposed ordinance (see Attachment B for the draft resolution).

AB 130 and its Effect on Local Building Code Amendments Pursuant to Assembly Bill 130 (Chapter 22, Statutes of 2025) and guidance issued by the California Building Standards Commission (Information Bulletin 25-03, see Attachment C), cities and counties are subject to a six-year moratorium on new or amended local building standards affecting residential occupancies—specifically, Residential Group R occupancies (R-1, R-2, R-2.1, R-2.2, R-3, R-3.1, and R-4) as defined in Section 310 of the California Building Code, and detached one- and two-family dwellings and townhouses regulated by the California Residential Code. The moratorium is effective October 1, 2025, through June 1, 2031, except for limited statutory exceptions such as (1) previously filed local amendments with no material change in regulatory effect; (2) emergency standards necessary to protect public health and safety; (3 and 4) amendments related to home hardening or Wildland-Urban Interface fire-resistance standards; or (5) amendments necessary to implement a local greenhouse-gas reduction strategy consistent with a general plan approved on or before June 10, 2025, that both permits mixed-fuel residential construction consistent with federal law and incentivizes all-electric construction as part of an adopted climate action framework.

In compliance with AB 130, the City of Pinole is carrying forward—without change—all local amendments previously adopted with the 2022 California Building Standards Codes that affect residential occupancies. These amendments were duly filed with the California Building Standards Commission and are considered “previously filed” amendments with no material

change in regulatory effect. For non-residential occupancies, the City likewise continues its 2022 local amendments and administrative provisions, updated only as necessary to align numbering and references with the 2025 California Building Standards Codes. Collectively, these updates constitute a continuation and reaffirmation of existing City practice, ensuring consistency and legal conformity with both State law and local conditions, while introducing no new substantive changes to residential standards restricted under AB 130.

Sustainable Building
The 2025 CBSC also updates the California Green Building Standards Code (CALGreen), continuing to promote sustainable construction practices and environmental performance in new construction.

Sustainability staff is currently developing building energy “reach codes” as part of the City’s Climate Action and Adaptation Plan (CAAP), which sets a goal of achieving carbon neutrality by 2045. A reach code is a local ordinance that establishes requirements beyond those in the State Building Code to promote greater energy efficiency and building electrification. The City’s proposed reach codes will introduce local standards that encourage or require high-efficiency, all-electric technologies—such as the installation of heat pump systems when replacing HVAC units—in both new and existing buildings.Community participation is a key component of this effort. Residents and businesses will have opportunities to engage in workshops, provide input on proposed requirements, and help shape policies that support energy savings, reduced greenhouse gas emissions, improved air quality, and increased building resiliency. If adopted by the City Council, the reach codes will remain consistent with Assembly Bill 130 (Chapter 22, Statutes of 2025) due to the explicit exemption for local amendments necessary to implement a greenhouse gas reduction strategy aligned with a General Plan approved on or before June 10, 2025. Because the City’s General Plan and CAAP were adopted prior to that date, the reach codes will qualify under this exemption and may lawfully include enhanced local energy and electrification standards.

Fire Codes
The ordinance also incorporates local amendments adopted by the Contra Costa County Fire Protection District (Con Fire), which provides fire protection services to Pinole. Pursuant to Health and Safety Code § 13869.7, fire protection districts may adopt local fire-code amendments independent of AB 130’s residential moratorium; such amendments are filed with the Department of Housing and Community Development rather than the Building Standards Commission. Accordingly, Con Fire’s 2025 local fire-code amendments remain fully applicable within Pinole’s jurisdiction.

Section 15.04.080 of the City’s Fire Code continues to require automatic sprinkler systems consistent with the California Fire Code, reflecting Pinole’s elevated fire risk due to hillside terrain and wildland-urban interface areas. These requirements, along with the City’s adopted local amendments, address local conditions such as proximity to the Hayward Fault and localized flooding potential along Pinole Creek. Because the ordinance repeals and replaces the affected Title 15 chapters, a strike-out version is not provided. The draft ordinance reflects

only numbering and reference updates to maintain consistency with the 2025 California Building Standards Codes, which replace the 2022 editions previously codified.

Environmental Review
Adoption of the attached Ordinance is exempt from CEQA based on the general rule set forth in CEQA Guidelines Section 15061(b) (3) that CEQA applies only to projects which have the potential for causing a significant effect on the environment. It can be seen with certainty that there is no possibility that the adoption of the attached and Ordinance will have a significant effect on the environment.

FISCAL IMPACT
There is no direct fiscal impact of adopting the 2026 CBSC. City’s costs related to implementation of the 2026 CBSC are recovered through building permit fees.

ATTACHMENTS
A. Draft Resolution For Adoption With Ordinance
B. Ordinance
C. BSC Bulletin 25-03 AB130

RESOLUTION NO. 2025-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PINOLE

APPROVING FINDINGS TO SUPPORT LOCAL MODIFICATIONS TO THE STANDARDS CONTAINED IN THE 2025 CALIFORNIA BUILDING STANDARDS CODE, ENACTED AS PART OF ORDINANCE NO. 2025-XX
WHEREAS, Section 17922 of the California Health and Safety Code requires that local agencies adopt the building standards contained in the California Building Code, the California Fire Code, the California Plumbing Code, the California wildland-urban interface code the California Mechanical Code, and the California Electrical Code, as such codes are approved by the State Building Standards Commission (collectively, the “California Building Standards Code”); and
WHEREAS Section 17958.7 of the California Health and Safety Code allows local agencies to enact modifications to those building standards provided that such modifications are reasonably necessary because of local climatic, geological or topographical conditions; and
WHEREAS Section 17958.7 of the California Health and Safety Code further provides that a local agency which enacts modifications to those building standards must adopt findings which tie those modifications to such local climatic, geological, or topographical conditions; and
WHEREAS, the Pinole City Council has considered whether certain modifications to the building standards contained in the California Building Standards Code are necessary in Pinole due to local climatic, geological, or topographical conditions; and WHEREAS, Assembly Bill 130 (Chapter 22, Statutes of 2025) establishes a moratorium from October 1, 2025, through June 1, 2031, on new or amended local building standards affecting residential occupancies (Group R-1, R-2, R-2.1, R-2.2, R-3, R-3.1, R-4, and detached one- and two-family dwellings and townhouses), except under limited statutory exceptions; and the City’s 2025 Building Code Ordinance carries forward—without change—all previously adopted 2022 local amendments applicable to these occupancies, thereby maintaining compliance with AB 130 while reaffirming the City’s existing findings of local climatic, geological, and topographical conditions.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pinole does hereby adopt the following findings in conformance with its obligations under Section 17958.7 of the California Health and Safety Code:

I. The City of Pinole is subject to the following climatic, geological and topographical conditions:

A. Climatic

1. Precipitation and Relative Humidity

(a) Conditions. Precipitation ranges from 15 to 24 inches per year with an average of approximately 20 inches per year. 96% of precipitation falls during the months of October through April, and four percent from May through September. This is a dry period of at least five months each year. Additionally, the area is subject to occasional drought.

Relative humidity remains in the middle range most of the time. It ranges from 45-65% during spring, summer, fall, and from 60-90% in the winter. It occasionally falls as low as 15%.
(b) Impact. Locally experienced dry periods cause extreme dryness of untreated 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.

Because of dryness, a rapidly burning grass fire or exterior building fire can quickly transfer to other buildings by means of radiation or flying brands, sparks, and embers. A small fire can rapidly grow to a magnitude beyond the control capabilities of the City Fire Department and County Fire District resulting in an excessive fire loss.

2. Temperature
(a) Conditions. Temperatures have been recorded as high as 114° F. Average summer highs are in the 90° range, with an average maximum of 105° F.
(b) Impact. High temperatures cause rapid fatigue and heat exhaustion of firefighters, thereby reducing their effectiveness and ability to control large building and wildland fires.

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 Service 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 City of Pinole Fire Department and County Fire District.

3. Winds
(a) Conditions. Prevailing winds in the area are from the south or southwest in the mornings and from the north or northwest in the afternoons.

However, winds are experienced from virtually every direction at one time or another. Velocities are generally in the 14 mph to 23 mph range, 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, strong, dry, gusty winds from the north move through the area for several days, creating extremely dry conditions.
(b) Impact. Winds such as those experienced locally can and do cause fires, both interior and exterior, to burn and spread rapidly. Fires involving non-irrigated weeds, grass, and brush can grow to a magnitude and be fanned to an intensity beyond the control capabilities of the Fire Department very quickly, even by relatively moderate winds. During wood shake and shingle roof fires, or exposure fires, winds can carry sparks and burning brands to other structures, thus spreading the fire and causing conflagrations. When such fires are not controlled, they can extend to nearby buildings, particularly those with untreated wood shakes or shingles. In building fires, winds can literally force fires back into the building and can create a blowtorch effect, in addition to preventing “natural” ventilation and cross-ventilation efforts.

Winds of the type experienced locally also reduce the effectiveness of exterior water streams used by the Pinole Fire and the Fire District on fires involving large interior areas of buildings, fires which have vented through windows and roofs due to inadequate built-in fire protection protection and fires involving wood shake and shingle buildings exteriors. Local winds will continue to be a definite factor towards causing major fire losses to buildings not provided with fire-resistant roof and siding materials, and buildings with inadequately separated interior areas or lacking automatic fire protection systems. National statistics frequently cite wind conditions, such as those experienced locally, as a major factor where conflagrations have occurred.

B. Geological and Topographic

1. Seismicity
a. Conditions. The City of Pinole is within Contra Costa County and is located in Seismic Risk Zone 4, which is the worst earthquake area in the United States. Buildings and other structures in Zone 4 can experience major seismic damage. Contra Costa County is in close proximity to the San Andreas Fault and contains all or portions of the Hayward, Calaveras, Concord, Antioch, Mt. Diablo, and other lesser 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 Concord and Antioch faults have potential for a Richter 6 earthquake, and the Hayward and Calaveras faults have the potential

for a Richter 7 earthquake. Minor tremors from seismic activity are not uncommon in the area.

The fire environment of a community is primarily a combination of two factors: the area’s physical geologic characteristics and a historic pattern of urban-suburban development. These two factors, alone and combined, create a mixture of environments which ultimately determines the area’s fire protection needs. Contra Costa County has 3 distinct areas. They are to the West, which includes the City of San Pablo and the communities of North Richmond, El Sobrante, and East Richmond Heights: the Central, which includes the Cities of Lafayette, Martinez, Pleasant Hill, Concord, Walnut Creek, Clayton, and the communities of Clyde, Pacheco, Alhambra Valley, and Alamo; and the East, which includes the Cities of Antioch and Pittsburg and the community of Bay Point. The City of Pinole falls within these risk areas.

Because of the size of Contra Costa County (304 square miles), the characteristics of the fire environment changes from one location to the next. Therefore, the County has not one, but a number of fire environments, each of which has its individual fire protection needs from two major oil refineries to heavy industrial facilities, freeways, rail lines, waterways, port facilities, wildland areas, urban and suburban town settings, and major downtown areas.

Interstates 80 and 680, State Highways 4, 24, and 242, Bay Area Rapid Transit District (BART) and major thoroughfares travel throughout the County. There are 2 major rail lines that run through the County. An overpass or underpass crossing collapse would alter the response route and time for responding emergency equipment. This is due to the limited crossings of the major highways and rail lines.

Earthquakes of the magnitude experienced locally can cause major damage to electrical transmission facilities, which, in turn, causes power failures while at the same time starting fires throughout the County. The occurrence of multiple fires will quickly deplete existing fire district resources; thereby reducing and/or delaying their response to any given fire. Additionally, without electrical power, elevators, smoke management systems, lighting systems, alarm systems, and other electrical equipment urgently needed for building evacuation and fire control in large buildings without emergency generator systems would be inoperative, thereby resulting in loss of life and/or major fire losses in such buildings.
b. Impact. A major earthquake could severely restrict the response of the City of Pinole’s contracted fire service (Contra Costa Fire Prevention District) and its capability to control fires involving buildings of wood frame construction, with ordinary wood shake and shingle exteriors, or

with large interior areas not provided with automatic smoke and fire control systems.

2. Soils
a. Conditions. The area is replete with various soils, which are unstable, clay loam and alluvial fans being predominant. These soil conditions are moderately to severely prone to swelling and shrinking, are plastic, and tend to liquefy.

Throughout the City and County, the topography and development growth have created a network of older, narrow roads. These roads vary from gravel to asphalt surface and vary in percent of slope, many exceeding twenty (20) percent. Several of these roads extend up through the winding passageways in the hills, providing access to remote, affluent housing subdivisions. Many 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 anticipated that during an earthquake, several of these roads would be practically impassable.

3. Topographic
a. Conditions
i. Vegetation. The service area of the Pinole Fire Department and of Contra Costa County Fire Protection District, which surrounds Pinole has a varied topography and vegetative cover. A
conglomeration of flat lands, hills, and ridges make up the terrain.

Development has occurred on the flat lands in the County and in the past 15 years, development has spread into the hills, valleys, and ridge lands of the City and County.

Highly combustible dry grass, weeds, and brush are common in the hilly and open space areas adjacent to built-up locations six to eight months of each year. Many of these areas
frequently experience wildland fires, which threaten nearby buildings, particularly those with wood roofs or siding. This condition can be found throughout the County, especially in those fully developed areas and those areas marked for future development.
ii. Surface Features. The arrangement and location of natural and manmade surface features, including hills, creeks, canals, freeways, housing tracts, commercial development, fire stations, streets, and roads, combine to limit efficient response routes for City and County Fire resources into and through many areas. iii. Buildings, Landscaping, and Terrain. Many of the “newer” large buildings and building complexes have access and landscaping

features or designs which preclude, or greatly limit, an efficient approach or operational access to them by Fire Services vehicles. In addition, the presence of security gates, roads of inadequate width, and grades that are too steep for Fire Service vehicles create an adverse impact on fire suppression efforts.

When Fire Service vehicles cannot gain access to buildings involved with fire, the potential for complete loss is realized.

Difficulty reaching a fire site often requires additional fire personnel and resources to successfully and safely mitigate the event. Access problems often result in severely delaying, misdirecting, or making fire and smoke control efforts
unsuccessful.
b. Impact.

The above local geological and topographical conditions increase the magnitude, exposure, accessibility problems, and fire hazards presented to the City of Pinole Fire Department. Fire following an earthquake has the potential of causing greater loss of life and damage than the earthquake itself. Hazardous materials, particularly toxic gases, could pose the greatest threat to the largest number, should a significant seismic event occur. Public Safety resources would have to be prioritized to mitigate the greatest threat, and may likely be unavailable for smaller single-dwelling or structure fires.

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 collapse.

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

4. Climatic conditions (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 shingles coverings could result in conflagrations.

C . Conclusion
Because of the conditions described above, the City of Pinole, City Council requires the increased fire protection requirements set forth in Ordinance No. 2025-XX.

The ordinance amends Chapter 1 (Scope and Administration) of the statewide Fire Code by requiring a permit for certain activities and operations that pose fire hazards. The ordinance amends Chapter 2 (Definitions) to provide clarity on wildland firefighting and

preparedness terminology. The ordinance amends Chapter 4 of the statewide Fire Code (Emergency Planning and Preparedness) to require standby EMS personnel for large events, as well as standby fire personnel, to account for the fact that the fire district is both the local fire and EMS provider. The ordinance amends the statewide Fire Code by reducing the square footage thresholds found in Chapter 9 (Fire Protection and Life Safety Systems) for installation of automatic fire sprinkler systems in most commercial buildings and in private and charter schools. The definition of Substantial Addition and Alteration is also changed to align with the other fire districts for consistency in the interpretation. The ordinance amends Chapter 5 (Fire Service Features) and Appendix D (Fire Apparatus Access Roads) of the statewide Fire Code to establish requirements for fire apparatus access roads. The ordinance amends Chapter 33 (Fire Safety During Construction and Demolition) to define the additional site security requirements that could be required if deemed necessary by the building official and fire official from arson fires or hazards occurring within the jurisdiction. The ordinance also amends Chapter 50 (Hazardous Materials) and Chapter 57 (Flammable and Combustible Liquids) provides the ability to the fire official to require a risk assessment stamped by a fire protection engineer, if the facility manager is unable to provide an accurate risk assessment of the facility to include all hazardous materials stored onsite.

II. Pursuant to Sections 17958.5 and 17958.7 of the State of California Health and Safety Code, the City Council of the City of Pinole makes the finding that changes, modifications, and amendments to the 2025 Edition of the California Building Standards Codes are needed and are reasonably necessary because of certain local climatic, geologic and topographic features and conditions as described in Section I above, and that those features and conditions, under certain circumstances, affect delivery of emergency services. The amendments to the California Building Standards Codes are enacted to mitigate the impact of those local features and conditions by (i) preventing the chance of accident or injury by requiring standards more stringent than required by the current codes; and (ii) requiring additional built-in automatic fire protection systems, which will provide for early detection and initial fire control.

III. The following changes and/or modifications to the 2025 California Building Standards Code are found to be necessary to mitigate the impacts caused by the local climatic, geologic, and topographic conditions. The City of Pinole has adopted substantive changes and modifications to the California Building Standards Code as follows:

Pinole Municipal Code
Section
California Code
Section
Findings

15.02 CA Building Code, CCR Title 24,
Part 2, Volume 1, Sections: 1.8.4.2,

1.8.8,

1.8.9, 101, 105.2, A. 1., B. 14., C.,
D.,
E. 105.8, 105.8.1, 105.8.2, 105.8.3,
F
107.2.1, G. 107.6.1, H. 110.1, I.
1A, 1B, and 1C

110.6.1, J. 105.5.1, 105.6, L. Add:

Fire
Hazard (def), M. Add Pool (def), N.
amend 501.2, Chapter 5, 1., 1a, 1b,

2.,

3., 4., O. 2111.15, 1., 2. 3., P.
amend
2304.12.1.6

15.04 CA Building Code, CCR Title 24,
Part 2,
Volume 1, Sections: 105.2,
105.2.14,
105.3.2, 105.5, 105.8, 105.8.1,
105.8.2,
105.8.3, 107.2.1, 107.6.1.8.8
1A, 1B, and 1C

15.06 CA Residential Code, CCR Title 24,
Part 2.5, Sections: 202 Definitions:

Add
Pool, amend 506.1, Add subsection
902.1.5, ACI 322
1A, 1B, and 1C

15.08 CA Green Building Standards
Code,
CCR Title 24, Part 11, Section: Add
101.3.2
1A, 1B, and 1C

15.10 CA Electrical Code, CCR Title 24,
Part
3, Adoption by reference, no
changes.
1A, 1B, and 1C

15.12 CA Plumbing Code, CCR Title 24,
Part 5, Section: Add 604.14,
Amend/Add 710.1
1A, 1B, and 1C

15.14 CA Mechanical Code, CCR Title
24, Part 4, Adoption by reference,
no changes.
1A, 1B, and 1C

15.16 CA Housing and Property
Maintenance Code, IPMC
amended 102.3, IPMC
amended 304.14, IPMC amended
307.3.1, amend 308.3.1, IPMC
amend 602.4 with exceptions 1,2.
1A, 1B, and 1C

15.18 1997 Uniform Code for the
Abatement
of Dangerous Buildings as adopted
by the International Conference of
Building
A, 1B, and 1C

Officials, amend Section: 801.2,
amend
912
CA Administrative Code, CCR Title
24,
Part 1, Add: Copying and imaging
fees
as reflected by the City’s Master
Fee
Schedule.

A, 1B, and 1C
CA Building Codes, section 114
and
2021 IPMC amend section 109.3,
amend 109.4, A.1.2.3.4., B, C,
amend
114.4
A, 1B, and 1C
The aforementioned amendments have been incorporated in detail into an Ordinance 2025-XX
BE IT FURTHER RESOLVED, that the City Council of the City of Pinole finds that the local amendments carried forward from the 2022 California Building Standards Codes are consistent with the requirements of Assembly Bill 130 (Chapter 22, Statutes of 2025), which restricts new or amended local building standards affecting residential occupancies, and that the City’s action to revalidate and readopt its existing local amendments complies with State law; and
BE IT FURTHER RESOLVED, that the City Council hereby directs City staff to file a copy of this Resolution, together with the adopted ordinance and findings, with the California Building Standards Commission and the Department of Housing and Community Development as required by Health and Safety Code Section 17958.7 and related statutes.

PASSED AND ADOPTED at a regular meeting of the Pinole City Council held on the 4th day of November, 2025 by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

I, hereby certify that the foregoing resolution was regularly introduced, passed, and adopted on this 4th day of November, 2025.

______________________________________
Heather Spears, CMC
City Clerk

Ordinance No. 2025-
14 ORDINANCE NO. 2025-XX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PINOLE REPEALING AND REPLACING CHAPTERS 15.02 THROUGH 15.24 AND ADDING A NEW CHAPTER 15.26 OF TITLE 15 “BUILDINGS AND CONSTRUCTION,” OF THE

PINOLE MUNICIPAL CODE IN ORDER TO ADOPT BY REFERENCE, WITH MODIFICATIONS TO ADDRESS UNIQUE LOCAL CONDITIONS, THE 2025

EDITIONS OF THE CALIFORNIA ADMINISTRATIVE CODE, THE CALIFORNIA

BUILDING CODE, THE CALIFORNIA RESIDENTIAL CODE, THE CALIFORNIA

ELECTRICAL CODE, THE CALIFORNIA MECHANICAL CODE, THE CALIFORNIA

PLUMBING CODE, THE CALIFORNIA ENERGY CODE, THE CALIFORNIA FIRE

CODE, THE CALIFORNIA WILDLAND-URBAN INTERFACE CODE, THE

CALIFORNIA EXISTING BUILDING CODE, THE CALIFORNIA GREEN BUILDING

STANDARDS CODE,REFERENCED STANDARDS, AND INTERNATIONAL

PROPERTY MAINTENANCE CODE
WHEREAS, the California Building Standards Commission has adopted a new Title 24 of the California Code of Regulations, also referred to as the 2025 California Building Standards Code, that will become effective statewide on January 1, 2026; and WHEREAS, currently Title 15 “Buildings and Construction, I. Adoption of Uniform Code” of the City of Pinole Municipal Code adopted the building standards contained in the 2022 versions of the California Building Code, the California Residential Code, the California Fire Code, the California Green Building Standards Code, the California Plumbing Code, the California Mechanical Code, and the California Electrical Code, California Administrative Code, as such Codes are approved by the State Building Standards Commission (collectively, the “California Building Standards Code”); and
WHEREAS, the updated California Building Standards Code becomes effective within the City on January 1, 2025, and Title 15 is updated by default to incorporate the California Building Standards Code without local amendments; and
WHEREAS, Section 17922 of the California Health and Safety Code requires local agencies to adopt the building standards contained in the California Building Standards Code; and
WHEREAS, Section 17958.7 of the California Health and Safety Code authorizes cities to adopt local modifications to the California Building Standards Code when such modifications are reasonably necessary due to local climatic, geological, or topographical conditions, provided that the governing body adopts findings supporting those conditions; and WHEREAS, Assembly Bill 130 (Chapter 22, Statutes of 2025) establishes a moratorium from October 1, 2025, through June 1, 2031 on new or amended local building standards affecting residential occupancies (Group R-1, R-2, R-2.1, R-2.2, R-3, R-3.1, R-4, and detached one- and two-family dwellings and townhouses), except under limited statutory exceptions such as previously filed local amendments, emergency standards necessary to protect health and

Ordinance No. 2025-
14 safety, home-hardening measures, or amendments implementing an adopted greenhouse-gas reduction strategy consistent with a general plan approved on or before June 10, 2025; and WHEREAS, the City of Pinole’s 2025 Building Code Ordinance carries forward— without change—all previously adopted 2022 local amendments affecting such residential occupancies, thereby complying with AB 130 while reaffirming the City’s existing findings of local climatic, geological, and topographical conditions that remain valid and necessary for community safety; and
WHEREAS, the ordinance also readopts the City’s existing non-residential and administrative amendments and incorporates by reference the Contra Costa County Fire Protection District’s local fire-code amendments adopted pursuant to Health and Safety Code § 13869.7, and the California Wildland-Urban Interface Code, which are not subject to the AB 130 moratorium; and
WHEREAS, a duly noticed public hearing was advertised as required by applicable law; And
WHEREAS, the City Council finds that no additional environmental review is necessary because this Ordinance is not a project that has the potential to cause substantial or potentially substantial, adverse change in the environment and qualifies for an exemption under the California Environmental Quality Act (CEQA) Guidelines Section 15061 (b) (3), and further, the Ordinance establishes standards for the approval of ministerial projects that are not themselves subject to CEQA review; and
WHEREAS, the City Council finds that the adoption of the 2025 Edition of the California Administrative, Building, Residential, Green Building Standards, Energy, Plumbing, Mechanical, Electrical, Existing Building, Fire, Reference Standards and related construction Codes help protect public health, safety, and welfare.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PINOLE DOES ORDAIN as follows:

SECTION 1. The forgoing Recitals are true and correct and incorporated herein by this reference.

SECTION 2. Those certain documents, copies of which are on file and are open for inspection by the public at the Building Division of the City of Pinole, being marked and designated as the California Code of Regulations Title 24, Part 1, Part 2 Volumes 1 and 2, Part 2.5, Part 3, Part 4, Part 5, Part 6, Part 9, Part 10, Part 11, Part 12 together with all appendices thereto; each and all of the regulations, provisions, conditions, and terms of the International Property Maintenance Code all of which are on file in the office of the City Clerk are hereby referred to, adopted and made a part hereof as if fully set out in this ordinance.

SECTION 3. Chapters 15.02, 15.04, 15.06, 15.08, 15.10, 15.12, 15.14, 15.16, 15.18, 15.20, and

15.22, 15.24 of Title 15, Buildings and Construction, of the Pinole Municipal Code are hereby

Ordinance No. 2025-
14 repealed and replaced in its entirety, and a new Chapter 15.26 is added, as provided in Exhibit A and Exhibit B.

SECTION 4. References To Prior Uniform Building and Construction Codes. Unless superseded and expressly repealed, references in City forms, documents, and regulations to chapters and sections of the prior adopted Uniform Building Codes shall be construed to apply to the corresponding provisions contained in the chapters and sections of Title 15 of the Pinole Municipal Code adopted by this Ordinance and all other ordinances or parts of ordinances in conflict herewith are hereby superseded and expressly repealed.

SECTION 5. Severability. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of the ordinance. The City Council hereby declares that it would have adopted the ordinance, and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that one or more sections, subsections, sentences, clauses or phrases be declared invalid.

SECTION 6. Adoption. This Ordinance shall take effect on the later of thirty (30) days after passage or January 1, 2026, whichever occurs later, and shall within fifteen (15) days after passage, be posted in accordance with Section 36933 of the Government Code of the State of California with the names of these City Council members voting for and against it.

THE FOREGOING ORDINANCE was introduced at a regular meeting of the Pinole City Council on the 21st day of October, 2025, by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:
_________________________________
Cameron Sasai, Mayor
ATTEST:
_________________________________
Heather Spears, CMC
City Clerk

Ordinance No. 2025-
14 Chapter 15.02

GENERAL PROVISIONS
Sections:

15.02.010 Title.

15.02.020 Organization.

15.02.030 Codes adopted by reference.

15.02.040 Expiration of permits.

15.02.050 Premises identification numbering.

15.02.060 Construction permit fees - set by City Council.

15.02.070 Permitted hours and condition of construction, penalties.

15.02.080 Misrepresentations in permit application.

15.02.090 Disconnection of utility service.

15.02.010 TITLE.

Chapters 15.02 through 15.24 shall be known as the "City of Pinole Building Codes" and shall be cited as such.

15.02.020 ORGANIZATION.

A building division is established in accordance with the provisions of California Building Code, 2022 Edition, adopted in Chapter 15.04. This division shall be a part of and shall operate under the direction of the Community Development Director. The building division is authorized to direct and enforce all the provisions of this Title and any of the Codes adopted in this Title.

15.02.030 CODES ADOPTED BY REFERENCE.

For the purpose of establishing proper regulations for building construction, maintenance of housing standards, installation of electrical, plumbing and mechanical systems and swimming pool construction, the codes specifically listed in Chapters 15.02 through 15.22, except as modified in this Title, are adopted and made a part of this Title by reference, without publishing or posting thereof, and copies of each of these Codes as listed in this Title are now on file for use and examination by the public in the office of the City Clerk.

15.02.040 EXPIRATION OF PERMITS.

All permits issued by the building division shall expire one hundred eighty (180) calendar days from date of issuance if the work is not commenced within this time (except as noted in the 2025 CBC Section 105.5.1. and the 2025 CRC Section R105.5.1).

15.02.050 PREMISES IDENTIFICATION NUMBERING.

A. Every main structure or building constructed, altered, repaired or moved into the City shall be assigned a street address identification number by the Building Official and approved by the Fire Code Official (as defined in 15.04.030 of this Code).

B. Identification numbers shall be placed on the street side of the building or structure in such a manner as to be plainly visible from the street or public way. Identification numbers shall be a minimum of 6" in height and of a color to contrast with the surrounding color. Numbers shall be installed prior to final inspection and occupancy of the building or structure.

Ordinance No. 2025-
14 C. The premises street address shall be internally or externally illuminated to the satisfaction of the Building Official and Fire Code Official.

D. The owner or his or her designated agent shall be responsible for the maintenance of identification numbers.

E. Any changes to the assigned street identification numbers must be approved by the Building Official and Fire Code Official.

F. The fee for assigning or modifying a street address shall be set by resolution of the City Council.

15.02.060 CONSTRUCTION PERMIT FEES - SET BY COUNCIL.

All construction permit fees including building, plumbing, mechanical, electrical, swimming pools and solar shall be set by resolution of the City Council and reflected in the City's Master Fee Schedule.

15.02.070 PERMITTED HOURS AND CONDITION OF CONSTRUCTION; PENALTIES.

A. Work is allowed from seven a.m. (7:00 a.m.) to five p.m. (5:00 p.m.) Monday through Friday. Work is allowed, but no inspections will be performed on non-federal holidays, which are holidays that are not acknowledged federally but are recognized by the City of Pinole. These holidays include, but are not limited to, Cesar Chavez's Birthday and the Day After Thanksgiving.

B. Saturday work is allowed in commercial zones only, from nine a.m. (9:00 a.m.) to six p.m. (6:00 p.m.), if it is interior work and does not generate significant noise.

C. Exceptions for residential property owners.

1. Homeowners performing additions, repairs, or remodeling are allowed to work on their residences on weekends and holidays between nine a.m. (9:00 a.m.) and five p.m. (5:00 p.m.).

2. By written authorization of the Building Official, a residential property owner with a valid permit to construct a single-family residence for personal occupancy shall be allowed to work on weekends and holidays between nine a.m. (9:00 a.m.) and five p.m. (5:00 p.m.). This authorization shall be granted to applicants who have not built a residence in the City in the previous five (5) year period and who affirm in writing their intention to reside at the subject property.

D. Exceptions for Construction. The City Council designates the City Manager (or their designee) to further modify on a case-by-case basis the hours of construction, to allow for work beyond those hours allowed in 15.02.070.A-C regardless of zoning district.

E. The minimum fine for a citation or penalty for violating construction hours is one thousand dollars ($1,000.00) and escalates in one thousand dollars ($1,000.00) increments.

F. Work must be controlled to prevent causing a public nuisance due to dust, noise, vibrations, and the like.

15.02.080 MISREPRESENTATIONS IN PERMIT APPLICATION.

No person shall make false statement or misrepresentation in or in connection with an application for a permit under this Title. Any permit issued under this Title may be revoked or suspended at any time by the Building Official or designee for fraud, misrepresentation or false

Ordinance No. 2025-
14 statement contained in an application for a permit, or for violations of this Title in connection with work done under the permit.

15.02.090 DISCONNECTION OF UTILITY SERVICE.

The Building Official (or designee) may shut off or disconnect any or all utility service to any structure or facility or to any electrical conductor or apparatus which he/she finds to be in violation of any state or county law or regulation relating thereto or to the public health, safety, or welfare, or he may order this done. If he/she finds that the violation involves an immediate danger to person(s) or to other properties or to the public health, safety or welfare, he/she may have the action taken as quickly as he/she deems necessitated by the danger; otherwise he/she shall give ten (10) days advance notice thereof by mail to the utility and the owner of the property as shown on the last assessment roll and by conspicuously posting notice of his orders and the action taken, which no person shall remove, tamper with or disobey. He/she shall rescind or modify such action when it becomes proper to do so in view of the danger or violation.

Ordinance No. 2025-
14 Chapter 15.04

BUILDING CODE
Sections:

15.04.010 Adoption by reference.

15.04.020 Copies on file.

15.04.030 Amendments made in the California Building Code.

15.04.010 ADOPTION BY REFERENCE.

The 2025 California Building Code, California Code of Regulations Title 24, Part 2, Volume 1 of 2 and Part 2, Volume 2 of 2, including the 2025 California Historic Building Code, Title 24, Part 8 and the 2025 California Existing Building Code, Title 24, Part Chapter 10, and all Appendices is adopted by reference, the same as though fully set forth in this chapter.

15.04.020 COPIES ON FILE.

One copy of the California Building Code and Appendices as adopted by the Pinole Municipal Code 15.04.010, and all amendments thereto, shall be kept on file in the Building Division for inspection by the public.

15.04.030 AMENDMENTS MADE IN THE CALIFORNIA BUILDING CODE.

The California Building Code is amended and changed in the following respects:

A. Section 105.2 (Work Exempt from Permit) of the CBC Chapter 1 subsection 1 is amended to read as follows:

1. One-story detached accessory buildings used as tool and storage sheds, playhouses, and similar uses, provided that the floor area does not exceed 120 square feet (11.15 m 2),
and for which written approval has been given by the Planning Division. These structures may still be regulated by Section 710A, despite exemption from permit.

B. Section 105.2 (Work Exempt from Permit) of the CBC Chapter 1 is hereby amended adding subsection 14 to read as follows:

14. Detached decks under 100 square feet and under 30 inches in height, for which written approval has been given by the Planning Division and the Building Division.

C. Section 105.3.2 of Chapter 1, Division II is amended to read as follows:

An application for a permit for any proposed work shall be deemed to have been abandoned six (6) months after the date of filing unless such application has been pursued in good faith, or a permit has been issued; except that the building official is authorized to grant one or more extensions of up to six (6) months. The extensions shall be requested in

Ordinance No. 2025-
14 writing and justified cause demonstrated. Whatever the case, a permit application is valid for a maximum of one (1) year after which time the application expires, and a new plan review fee must be paid. The code in effect at the time the newest application is made shall be the code that is enforced.

D. Chapter 1 Subsection 105.8 is added to the CBC, to read as follows:
105.8 Permit Issuance.
105.8.1 Except as otherwise provided in this Chapter, a permit shall be issued only to a person holding a valid, unexpired, or unrevoked California building contractor's license, property owner, or authorized agent.
105.8.2 A permit may be issued for work in a single-family dwelling used exclusively for living purposes, including any accessory buildings, if the permittee is the bona fide owner of the structure occupied by or designed to be occupied by the owner, in which case the owner himself fulfills the role of contractor for all work under the permit. 105.8.3 Any permit issued pursuant to this Chapter shall not be transferable to any person, business, or corporation.

E. Section 107.2.1 (Information on Construction Documents) of CBC Chapter 1 is amended to read:
107.2.1 Construction documents shall include dimensions and shall be drawn to scale on suitable material. Electronic media documents may be submitted when approved in advance by the building official. Construction documents shall be of sufficient clarity to indicate the location, nature, and extent of the work proposed and to show in detail that it will conform to this code and all relevant laws, ordinances, rules, and regulations. The first sheet of each set of plans shall give the location and street address of the work and the name and address of the owner and of the person who prepared the plans. Plans shall include a plot plan showing all existing property lines labeled and fully dimensioned, the elevation of the top and toe of cuts and fills, and the location of the proposed building with distance to all property lines and of every existing building on the property. Instead of detailed specifications, the city building official may approve references on the plans to a specific section or part of this code, or other ordinances or laws. All pages to be signed and/ or professionally stamped
F. Chapter 1 Division II Subsection 107.6 (Standard plans) is added to read as follows:
107.6.1 - Standard plans. The building official may approve a set of plans for a building or structure as a "standard plan," provided the applicant has made proper application, submitted complete sets of plans, and paid the plan checking fee as required by the City of Pinole. When it is desired to use an approved "standard plan" for an identical structure, three plot plans shall be submitted, and a plan-checking fee equal to one-half of the full plan-checking fee required by the City of Pinole shall be paid at the time application is made for such identical structure. Such duplicate plans shall be compared, stamped, and kept on the job as required by California Building Code Section [A] 107.3.1. In case of

Ordinance No. 2025-
14 any deviation whatsoever from this standard plan, complete plans, together with a full plan-checking fee, shall be submitted for the proposed work, as required by California Building Code Section [A] 107. Standard plans shall be valid for a period of one year from the date of approval. This period may be extended by the building official when there is evidence that the plan may be used again. The code in effect when the plan review application is submitted, and the plan review fee paid shall be the governing code.

G. Section 110.1 (Inspections - General) is amended by adding the following to the end of the section:

At the time of first inspection by the city building official, a licensed land surveyor or a civil engineer may be required to certify in writing that the structure is placed according to the approved set of plans. The written certification must include the site address and permit number. This requirement does not apply to alterations or repairs to existing structures that do not affect the exterior limits of the existing structures.

H. Section 110.6.1 (Approval required) is added to read as follows:
110.6.1 The Building Official of the City of Pinole is authorized to develop a covered/concealed construction policy for any covered or concealed construction, without prior building inspection, to be opened to ensure compliance with the California Building codes. The policy shall encourage the utilization of the least invasive deconstruction methods as possible to document construction methods used, such as photographs, invoices, and structural engineer/architectural engineer reports.

I. Chapter 1, Section [A] 114 (Unlawful act). Chapter 1, Division II Section 114.5 Violation a Public Nuisance is added to read as follows:

It is declared that any violation of this code, the CPC, CMC, CEC, or other state building codes constitute a public nuisance. In addition to any other remedies this code provides for enforcement, the city may bring civil suit to enjoin the violation of its provisions.

J. Section 202 of Chapter 2 (Definitions) is deleted in its entirety.

K. Section 202 of Chapter 2 (Definitions) of the CBC is amended to include the following definition:

Fire Hazard: is any building device, appliance, apparatus, equipment, tank, vehicle, combustible material or waste, fence, or vegetation which, in the opinion of the City building official or the Fire Chief, is in such condition as to cause a fire or explosion, or to augment the spread and intensity of a fire or explosion arising from any cause.

Ordinance No. 2025-
14 L. Section 202 of Chapter 2 (Definitions) is amended to add the following definition to the existing definition:

Pool: Any outside body of water created by artificial means, any portion of which exceeds eighteen inches (18") in depth
M. Section 501.2 of Chapter 5 (General building heights and areas) is amended to read as follows:

1. Address numbers. Apartment, Condominium, and Townhouse Complexes - An illuminated, diagrammatic representation of the complex shall be installed at the primary
vehicular and walkway entrance to each complex. This diagram shall be of sufficient size
to be easily visible from said vehicular and walkway entrance. a. An apartment, condominium, or townhouse complex shall be defined as a group of three or more separate, non-connected buildings, all located on common ground, where each building contains two or more living units.
b. Each building shall be marked at a location clearly visible from the nearest vehicular access with the street address, building number/letter and the number of units located in that building. Example: 2237 Address Bldg. "B" Building designation Units 1 - 8 Units in building. Minimum numeral size shall be 6" high with a stroke of 1" and shall contrast with the background.

2. Commercial - Individual units shall be addressed front and back. Minimum numeral size shall be 6" high with a stroke of 1" and shall contrast with the background. Units with entrances on both the front and rear of the building shall have identical addresses at both locations.

3. Industrial - Individual units within a building shall be addressed front and back.

Individual buildings shall be marked at a point clearly visible from the street. Minimum numeral size shall be 12" high with a 3" wide stroke and shall contrast with the background. Units with entrances on both the front and rear of the building shall have identical addresses at both locations.

4. Lighting of building addresses - The building address for all new buildings constructed after the date of this ordinance shall be automatically lit at night.

N. Subsection 2111.15 (Wood burning stove appliances) is added to Chapter 21 (Masonry) of the California Building Code to read as follows:

Wood-burning stove appliances. Any new wood-burning appliance must be one of the following:

Ordinance No. 2025-
14 1. A pellet-fueled wood device.

2. A U. S. EPA Phase II certified device; or 340 of 677

3. A low mass fireplace, masonry heater, or other wood-burning device of a make and model that meets EPA emission targets and has been approved in writing by the air pollution control officer of the Bay Area Air Quality Management District or the designee thereof.

O. Subsection 2304.12.1.6 of the CBC is amended to add the following sentence at the end thereof:

Siding Materials: Wood shingles or shakes shall be Class B or better, which comply with ASTM E108 or UL 790, except that in very high fire hazard severity zones, no wood shake or shingle siding shall be permitted regardless of class designation. See Section 1505.1.1 of the California Building Code for roofing standards in very high fire hazard severity zones

Ordinance No. 2025-
14 Chapter 15.06

RESIDENTIAL CODE
Sections:

15.06.010 Adoption by reference.

15.06.020 Copies on file.

15.06.030 Amendments made in the California Residential Code.

15.06.010 ADOPTION BY REFERENCE.

The 2025 California Residential Building Code, California Code of Regulations Title 24, Part

2.5, including all Appendices, is adopted by reference, the same as though fully set forth in this chapter.

15.06.020 COPIES ON FILE.

One copy of the California Residential Code and Appendices as adopted by Pinole Municipal Code 15.02.010, and all amendments thereto, shall be kept on file in the Building Division for inspection by the public.

15.06.030 AMENDMENTS MADE IN THE CALIFORNIA RESIDENTIAL CODE.

The California Residential Code is amended and changed in the following respects:

A. Section R202 of Chapter 2 (Definitions) is amended to add the existing pool definition to read as follows:

Pool: Any outside body of water created by artificial means, any portion of which exceeds eighteen inches (18") in depth.

B. Subsection R902.1.5 is added to Chapter 9 (Roof Assemblies) of the California Residential Code to read as follows:

All new roof coverings shall be a Class B or better roof covering assembly as defined by CBC 1505.3

Ordinance No. 2025-
14 Chapter 15.08

CALIFORNIA GREEN BUILDING STANDARDS CODE
Sections:

15.08.010 Adoption by reference.

15.08.020 Copies on file.

15.08.030 Amendments made in the California Green Building Standards Code.

15.08.010 ADOPTION BY REFERENCE.

The 2025 California Green Building Standards Code, California Code of Regulations Title 24, Part 11, including all Appendices, is adopted by reference the same as though fully set forth in this chapter.

15.08.020 COPIES ON FILE.

One copy of the California Green Building Standards Code and Appendices as adopted by Pinole Municipal Code 15.08.010, and all amendments thereto, shall be kept on file in the Building Division for inspection by the public.

Ordinance No. 2025-
14 Chapter 15.10

CALIFORNIA ELECTRICAL CODE
Sections:

15.10.010 Adoption by reference.

15.10.020 Copy on file.

15.10.010 ADOPTION BY REFERENCE.

The 2025 California Electrical Code, California Code of Regulations Title 24, Part 3, including all Appendices is adopted by reference, the same as though fully set forth in this chapter.

15.10.020 COPY ON FILE.

One copy of the California Electrical Code and Appendices as adopted by Pinole Municipal Code 15.10.010, and all amendments thereto, shall be kept on file in the Building Division for inspection by the public.

Ordinance No. 2025-
14 Chapter 15.12

CALIFORNIA PLUMBING CODE
Sections:

15.12.010 Adoption by reference.

15.12.020 Copy on file.

15.12.030 Amendments made in the California Plumbing Code.

15.12.010 ADOPTION BY REFERENCE.

The 2025 California Plumbing Code, California Code of Regulations, Title 24, Part 5, including all Appendices is adopted by reference, the same as though fully set forth in this chapter.

15.12.020 COPY ON FILE.

One copy of the 2025 California Plumbing Code and Appendices as adopted by Pinole Municipal Code 15.12.010, and all amendments thereto, shall be kept on file in the Building Division for inspection by the public.

Ordinance No. 2025-
14 Chapter 15.14

CALIFORNIA MECHANICAL CODE
Sections:

15.14.010 Adoption by reference.

15.14.020 Copies on file.

15.14.010 ADOPTION BY REFERENCE.

The 2025 California Mechanical Code, California Code of Regulations Title 24, Part 4, including all Appendices is adopted by reference, the same as though fully set forth in this chapter.

15.14.020 COPIES ON FILE.

One copy of the California Mechanical Code and Appendices as adopted by the Pinole Municipal Code 15.14.010, and all amendments thereto, shall be kept on file in the Building Division for inspection by the public.

Ordinance No. 2025-
14 Chapter 15.16

CALIFORNIA HOUSING AND PROPERTY MAINTENANCE CODE
Sections:

15.16.010 Housing and Property Maintenance Code - Adoption.

15.16.020 IPMC 102.3 Amended - Application of other codes.

15.16.030 IPMC 304.14 Amended - Insect screens.

15.16.040 IPMC 308.3.1 Amended - Disposal of garbage.

15.16.050 IPMC 602.4 Amended - Occupied work spaces.

15.16.060 House moving.

15.16.070 Compliance with construction requirements.

15.16.010 HOUSING AND PROPERTY MAINTENANCE CODE - ADOPTION.

The Housing and Property Maintenance Code for the City is the California Housing Law Regulations as set forth in Division 13, Part 1.5, commencing with Section 17910, in the Health and Safety Code (as amended) combined with the 2021 International Property Maintenance Code (IPMC) except as amended by the changes, additions and deletions set forth in this Chapter.

15.16.020 IPMC 102.3 AMENDED - APPLICATION OF OTHER CODES.

Section 102.3 of the IPMC is amended to read as follows:

Repairs, additions or alterations to a structure, or changes of occupancy, shall be done in accordance with the procedures and provisions of the City Municipal Code and the California Building Codes.

15.16.030 IPMC 304.14 AMENDED - INSECT SCREENS.

Section 304.14 of the IPMC is amended as follows:

During the entire year, every door, window and other outside opening required for ventilation of habitable rooms, food preparation areas, food service areas or any areas where products to be included or utilized in food for human consumption are processed, manufactured, packaged or stored shall be supplied with approved tightly fitting screens of minimum 16 mesh per inch (16 mesh per 25 mm), and every screen door used for insect control shall have a self-closing device in good working condition.

Exception: Screens shall not be required where other approved means, such as air curtains or insect repellent fans, are employed.

15.16.040 IPMC 308.3.1 AMENDED - DISPOSAL OF GARBAGE.

Section 308.3.1 of the IPMC is amended as follows:

That portion of the sentence reading "an approved incinerator unit in the structure available to the occupants in each dwelling unit" shall be deleted in its entirety.

15.16.050 IPMC 602.4 AMENDED - OCCUPIED WORK SPACES.

Ordinance No. 2025-
14 Section 602.4 of the IPMC is amended as follows:

Indoor occupiable workspaces shall be supplied with heat during the entire year to maintain a temperature of not less than 65°F (18°C) during the period the spaces are occupied.

Exceptions:

1. Processing, storage and operation areas that require cooling or special temperature conditions.

2. Areas in which persons are primarily engaged in vigorous physical activities.

15.16.060 HOUSE MOVING.

A. Any person, firm, or corporation wishing to move any house or structure on any public street or way in the city shall first obtain a permit as provided in this section.

B. House moving, as permitted in this section, is allowed only on the day and hours as stated on the permit and on the routes as approved by the director of public works and the chief of police.

C. The building department may issue a permit for house moving when the person, firm or corporation has applied for such permit and has complied with the following:

1. A special pre-moving inspection of the building has been made and approved.

2. Posted a performance bond in the amount of two thousand dollars ($2,000) payable to the city.

3. Provided a certificate of insurance for public and auto liability of not less than one hundred thousand dollars ($100,000); three hundred thousand dollars ($300,000) bodily injury; and twenty-five thousand dollars ($25,000) property damage.

4. Payment of a permit fee of fifty dollars ($50) for each day or part thereof in which the moving operation will take place.

5. Agree to furnish adequate traffic control. Method and number of persons directing traffic must be approved by the chief of police.

6. Agree to pay the cost of any police and fire protection which may be required. A deposit of fifty dollars ($50) is required.

7. Provide a copy of signed agreement with the public utilities as to date, time, and route.

8. Post a time schedule with the public services department, building department and police department at least twenty-four hours in advance of any actual move.

15.16.070 COMPLIANCE WITH CONSTRUCTION REQUIREMENTS.

Buildings moved into or relocated within the city shall be made to comply with the requirements for new construction in the codes adopted in this Title

Ordinance No. 2025-
14 Chapter 15.18

ABATEMENT OF DANGEROUS BUILDINGS
Section

15.18.010 Abatement of dangerous buildings - Adoption.

15.18.020 Section 801.3 Amended - Costs.

15.18.030 Section 912 Amended - Cost Recovery.

15.18.010 ABATEMENT OF DANGEROUS BUILDINGS - ADOPTION.

The abatement of dangerous buildings code for the City is the 1997 Uniform Code For The Abatement of Dangerous Buildings as adopted and printed by the International Conference of Building Officials.

15.18.020 SECTION 801.3 AMENDED - COSTS.

Section 801 of the Uniform Code for the Abatement of Dangerous Buildings is hereby amended to read as follows:
801.2 Costs. The cost of such work shall be paid from the General Fund and may be made a special assessment against the property involved or may be made a personal obligation of the property owner.

15.18.030 SECTION 912 AMENDED - COST RECOVERY.

Section 912 of the Uniform Code for the Abatement of Dangerous Buildings is hereby amended to read as follows:
912. All money recovered by payment of the charge or assessment or from the sale of the property at foreclosure sale shall be paid to the Finance Director of the City, who shall credit the same to the General Fund

Ordinance No. 2025-
14 Chapter 15.20

FIRE CODE
Section

15.20.010 Fire Code - Adoption.

15.20.020 Establishment and duties of bureau of fire prevention.

15.20.030 Amendments to the California Fire Code.

15.20.040 Appeals.

15.20.050 New materials, processes or occupancies which may require permits.

15.20.060 Violation – Penalty.

15.20.010 FIRE CODE - ADOPTION.

The City of Pinole hereby adopts the 2025 California Fire Code (California Code of Regulations, Title 24, Part, 9 [based on the 2024 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 deletions set forth in this Chapter. The 2025 California Fire Code, with the changes, additions, and deletions set forth in this Chapter, is adopted by this reference as though fully set forth in this Chapter. As of the effective date of this Chapter, the provisions of the fire code are controlling and enforceable within the limits of each jurisdiction.

15.20.020 ESTABLISHMENT AND DUTIES OF BUREAU OF FIRE PREVENTION.

The 2025 California Fire Code as adopted and amended in this Chapter, shall be enforced by the bureau of fire prevention of the Pinole Fire Department which is established and which shall be operated under the Chief of the Fire Department.

15.20.030 AMENDMENTS TO THE CALIFORNIA FIRE CODE.

A. Chapter 1. Scope and Administration.

Chapter 1 is adopted in its entirety except as amended below:
101.1 Title. This code is the Fire Code of City of Pinole and is hereinafter referred to as "this code."

Section 102.1 is amended to add item 5, to read:

5. Where not otherwise limited by law, the provisions of this code shall apply to vehicles, ships, and boats that are permanently affixed to a specific location within the boundaries of this jurisdiction.

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 forth in Chapter 1, Sections 105.5.1 through 105.5.63.

Section 105.5.33 is amended to read:

Ordinance No. 2025-
14 105.5.33 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 vehicles at approved locations from a tank vehicle and limited or temporary fueling operations for special events (fueling of watercraft from shore, piers, floats, or barges).

Section 105.5.40 is amended to read:
105.5.40 Cannabis/Plant Extraction Related System(s)/Operations. An operational permit is required for any of the following cannabis/plant extraction related systems operations.

1. Cultivation

2. Plant Extraction Systems

3. Testing/Lab

4. Manufacturing

5. Distribution

6. Carbon Dioxide Systems or volatile solvent

Section 105.5 is amended to read:
105.5.52 Wood products. An operational permit is required to store chips, hogged material, wood or other combustible pallets, lumber or plywood in excess of 200 cubic feet (6 m3).

Section 105.5 is amended by adding Sections 105.5.55 through 105.5.63 to read:
105.5.55 Asbestos removal. A permit is required to conduct asbestos-removal operations regulated by Section 3319.
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 Section 105.5.60 is added to read:

Ordinance No. 2025-
14 105.5.60 Five year sprinkler test. An operational permit is required to engage in the business of conducting the five-year test of an automatic fire sprinkler systems or standpipe, in accordance with NFPA 25 (Standard for the Inspection, Testing, and Maintenance of Water-Based Fire Protection Systems), 2013 California Edition.

Section 105.6 is amended to read:
105.5 Required construction permits. The fire code official is authorized to issue construction permits for the operations set forth in Chapter 1, Sections 105.6.1 through 105.6.25.

Section 105.6 is amended by adding Sections 105.6.26 through 105.6.30 to read:
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 (28.3 m3) 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 forth 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:
105.6.26 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. 105.6.27 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.

Ordinance No. 2025-
14 105.6.28 Land Development, Subdivisions. Plans shall be submitted to the fire code official for all land developments or improvements proposed within the jurisdiction that involve the subdivision of land.
105.6.29 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 City pursuant to Section 507. 105.6.30 Land Development. Plans shall be submitted to the fire code official for all land developments or improvements proposed within the jurisdiction.

Section 105.7 is added, to read:
105.7 Responsibility of permittee. Construction permits shall be presumed by the Fire District, Fire Department to incorporate all of 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 City 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 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.

B. 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 comply with AHJ or the latest edition of NFPA 170 (Standard for Fire Safety and Emergency Symbols), and NFPA 1620 (Standard for PreIncident Planning).

Ordinance No. 2025-
14 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.

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

Board of Directors. The City of Pinole City Council is the governing body of the City of Pinole Fire Department.

Board of Fire Commissioners. The City of Pinole City Council is the governing body of the City of Pinole Fire Department.

Combustible Material. Rubbish, litter or material of any kind other than hazardous vegetation that 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 defense 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.

Fire Apparatus Access Road. A road that provides fire apparatus access from a fire station to a facility, building or portion thereof. This is a general term that includes, but is not limited to a fire lane, public street, private street, driveway, parking lot lane, and access roadway.

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.

Fuel Break. A strategically located block or strip, on which a cover of dense, heavy, or combustible vegetation has been changed to one of lower fuel volume or reduced

Ordinance No. 2025-
14 combustibility, as an aid to fire control. Fuel breaks require annual and recurring maintenance.

Hazardous Vegetation. Vegetation that is combustible and endangers the public safety by creating a fire hazard including but not limited to seasonal and recurrent grasses, weeds, stubble, brush, dry leaves, dry needles, dead, dying or diseased trees and any other vegetation as determined by the fire code official.

Key Box or Knox Box. (Underwriters Laboratory) UL "Listed" box, size and style, approved by the Fire Code Official or designee that meets the requirements and uses the same security key code adopted by the Fire Department
Ladder Fuel. Fuel that provides vertical continuity between surface fuel and canopy fuel strata, increasing the 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 heat, smoke, fire, or similar activating event.

Ornamental Landscaping. Decorative plants growing within a tended garden or yard which are appropriately irrigated, maintained and located to provide aesthetic decoration and functional utility, such as privacy screening, shade, weed suppression and erosion control. The use of fire-resistant 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.

Public Nuisance. A declaration by the fire code official that the presence of combustible materials on any parcel creates a fire hazard or threat to public safety (Health and Safety Code 14875 and 14876) or any violation of this code.

Priority Hazard Zone. An area where the threat from wildfire is severe due to proximity to open 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.

Ordinance No. 2025-
14 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 (1.2140619ha) and 10 (4.046873ha) 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 waterflow alarm, valve supervisory, and general trouble conditions where a Building Fire Alarm is not required.

Streets. Includes alleys, parkways, driveways, sidewalks, and areas between sidewalks and curbs, highways, public right of ways, 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 total new gross floor area is 5,000 square feet or greater.

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. A temporary, all-weather roadway constructed and maintained for the purpose of providing fire apparatus access to buildings, structures, or portions of a site under development until such time as the permanent fire apparatus access road is installed and approved. Temporary access roads shall be designed, constructed, and maintained to support the imposed loads of fire apparatus, provide the required width and vertical clearance, and remain clear and unobstructed at all times during construction.

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

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.

Ordinance No. 2025-
14 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.

C. Chapter 3. General Precautions Against Fire.

Section 304.3.5 is added, to read:
304.3.5 Clothes Dryers. Clothes dryers shall be frequently cleaned to maintain the lint trap, mechanical and heating components, vent duct, and associated equipment free from accumulations of lint and combustible materials.

Section 308.1.4, Exception 1 is amended to read:

Exception 1. Residential Occupancies.

Section 324 is added to Chapter 3, to read:

SECTION 324 Exterior Fire Hazard Control.
324.1 Subsurface Fires.
324.1.1 Peat Fire. It is the duty of each person, firm, corporation, or association not to permit a peat fire or a fire involving combustible vegetable matters under the surface of the natural ground to remain upon the property. It is hereby declared that it is the duty of any person as herein defined to take all necessary precautions to extinguish any subsurface fire involving peat or vegetable material at the owner's own cost and expense. 324.1.2 Fire Suppression Costs. If there exists upon the lands or property of any person as herein defined a subsurface fire involving the burning or combustion of peat, vegetable matter, or vegetation, and the owner or occupant thereof has not taken reasonable precautions within a reasonable time to extinguish or minimize such fire or combustion, the Fire District may, in addition to its regular duties to extinguish or minimize such fire or combustion, go upon the lands of any person as herein defined and extinguish such fire or combustion. Any costs incurred by the Fire District in fighting the fire and for the cost of proving rescue or emergency medical services shall be a charge against the property owner. The charge shall constitute a debt of the property owner and is collectable by the

Ordinance No. 2025-
14 jurisdiction incurring those costs in the same manner as in the case of an obligation under a contract, express or implied. (See Health and Safety Code, §13009.) Section 325 is added to Chapter 3, to read:

SECTION 325 Automobile Wrecking Yards.
325.1 General. The operation of automobile wrecking yards shall be in accordance with this section.
325.2 Definitions. The following terms are defined in Chapter 2:

Automobile Dismantling Automobile Wrecking Yard
325.3 Requirements.
325.3.1 Permits. An operational fire code permit is required as in Section 105.6.53. 325.3.2 Fire Apparatus Access Roads. Fire apparatus access roads shall be constructed throughout the site in accordance with this code and shall be maintained clear of all vehicles and stored items.
325.3.3 Welding and cutting. Welding and cutting operations shall be conducted in an approved location, clear of all flammable liquids and combustible materials, including weeds, tires, and all other debris.
325.3.4 Housekeeping. Combustible rubbish accumulated on site shall be collected and stored in approved containers, rooms, or vaults of noncombustible materials.

Combustible vegetation, cut or uncut, shall be removed when determined by the fire code official to be a fire hazard.
325.3.5 Fire Protection. Offices, storage buildings, and vehicles used for site operations shall each be provided with at least one portable fire extinguisher with not less than a 4- A: 40-B-C rating. When required by the fire code official, additional fire extinguishers shall be provided.
325.3.6 Tire storage. Tires shall be stored in racks or in a manner as approved by the fire code official.
325.3.6.1 Distance from Water Supply. Tire storage shall be located on-site and no further than 500 feet from a fire hydrant or an approved water supply as determined by the fire code official.
325.3.7 Storage Piles. Storage piles shall be located a minimum of 20 feet from property lines and shall have an unobstructed access road on all sides of not less than 20 feet.

Ordinance No. 2025-
14 325.3.8 Burning operations. The burning of salvaged vehicles and salvaged or waste materials is prohibited.
325.3.9 Motor vehicle fluids. Motor vehicle fluid shall be drained from salvaged vehicles when such liquids are leaking onto the ground and prior to dismantling or removing engine/motor parts.
325.3.9.1 Mitigation of leaking fluids. Precautions shall be taken to prevent fluids from salvaged vehicles from leaking onto the ground. Supplies or equipment capable of mitigating leaks from fuel tanks, crankcases, brake systems, and transmissions shall be kept available on site. Single-use plugs, diking, and absorbent materials shall be disposed of as hazardous waste and removed from the site in a manner in accordance with federal, state, and local requirements.
325.3.10 Fuel tanks. Fuel tanks of salvaged vehicles shall be emptied of all flammable (gasoline, diesel) fuels in an approved manner and stored in approved tanks. 325.3.10.1 Repair of vehicle fuel tanks. The repair of fuel tanks, including cutting, welding, or drilling of any kind, is prohibited.
325.3.11 Lead acid batteries. Lead acid batteries shall be removed from all salvaged vehicles and stored in an approved manner in a location approved by the fire code official.

D. Chapter 4. Emergency Planning and Preparedness.

Section 401.5.1 is added to read:

4.1.5.1 Nuisance Fire Alarm. A fee may be charged for false/ or nuisance fire alarms in accordance with a fee schedule adopted by the Board of Directors.

Section 401.10 is added to read:
401.10 Aerial Pre-Plans. For all new construction the fire official is authorized to require a fire aerial pre-plan to be prepared by an approved vendor at the cost of the developer.

Section 401.11 is added to read
401.11 Standby Personnel. Where, in the opinion of the fire code official or Fire Chief, it is essential for public safety in a place of assembly, or any other place where people congregate, because of the number of persons, or the nature of the performance, exhibition, display, contest, or activity, 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 accordance with Sections 403.11.1.1 and 403.11.1.2.

Ordinance No. 2025-
14 Standby personnel needed for EMS standby shall be provided in accordance with Contra Costa County EMS Protocols.

E. Chapter 5. Fire Service Features.

Section 5.3.1.1 is amended to read:
503.1.1 Buildings and facilities. Approved fire apparatus access roads shall be provided for every facility, building or portion of a building hereafter constructed or moved into or within the jurisdiction. The fire apparatus access road shall comply with the requirements of this section and shall extend to within 150 feet of all portions of the facility and all portions of the exterior walls of the first story of the building as measured by an approved route around the exterior of the building or facility. Exceptions:

1. The fire code official is authorized to increase the dimension to 250 feet where the building is equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1, 903.3.1.2 or 903.3.1.3.

2. Where approved by the fire code official, fire apparatus access roads shall be permitted to be exempted or modified for solar photovoltaic power generation facilities
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.

Section 503.2.1 is amended by adding the following exception:

Exception: A driveway with a minimum width of 16 feet is acceptable for access to one or two single-family dwellings.

Section 505.3 is added, to read:
505.3 Street names and addressing. Street names and addressing shall be submitted for review and approval to the fire code official, whose approval will not be unreasonably withheld. The purpose of the review is to verify that new street names and addressing will not duplicate existing street names and addressing.

Ordinance No. 2025-
14 Section 506.2.1 is added to read:
506.2.1 Knox Box upgrade. All current businesses and occupancies with current Knox Boxes shall upgrade their lockbox to the eCore Technology by December 31, 2028 F. Chapter 6. Building Services and Systems.

Section 605.3.1 is added to read:
605.3.1 Spark Arrestors. All Chimneys attached to any appliance or fireplace that burns solid fuel shall be equipped with an approved spark arrestor per CBC 2113.9.2 G. Chapter 9. Fire Protection Systems.

Section 901.6.3 is amended to read:
901.6.3 Records. Records of all system inspections, tests, and maintenance required by the reference standards shall be submitted to a third party electronic record keeping service as chosen by the fire district.

Section 902.1 is amended to add:

Substantial Addition. The addition of new gross floor area exceeds fifty percent of the existing gross floor area and the total new gross floor area is 5,000 square feet or greater.

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.

Section 903.2.1.1 is amended to read:
903.2.1.1 Group A-1. An automatic sprinkler system shall be provided throughout stories containing Group 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 conditions exists:

1. The fire area exceeds 5,000 square feet.

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

3. The fire area is located on a floor other than a level of exit discharge serving such occupancies.

4. The fire area contains a multi-theater complex.

Section 903.2.1.3 is amended to read:
903.2.1.3 Group A-3. An automatic sprinkler system shall be provided throughout stories containing Group A-3 occupancies and throughout all stories from the Group A-3

Ordinance No. 2025-
14 occupancy to and including the levels of exit discharge serving that occupancy where one of the following conditions exists:

1. The fire area exceeds 5,000 square feet.

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

3. The fire area is located on a floor other than a level of exit discharge serving such occupancies.

4. The structure exceeds 10,000 square feet, contains more than one fire area containing exhibition and display rooms, and is separated into two or more buildings by firewalls of less than 4-hour fire resistance rating without openings.

Section 903.2.1.4 is amended to read:
903.2.1.4 Group A-4. An automatic sprinkler system shall be provided throughout stories containing Group 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 following conditions exists:

1. The fire area exceeds 5,000 square feet.

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

3. The fire area is located on a floor other than a level of exit discharge serving such occupancies.

Section 903.2.2 is amended in its entirety, to read:
903.2.2 Group B. An automatic sprinkler system shall be provided for Group B occupancies and intervening floors of the building where the fire area exceeds 5,000 square feet.
903.2.2.1 Ambulatory care facilities. An automatic sprinkler system shall be installed throughout the entire floor containing an ambulatory care facility where either of the following conditions exist at any time:

1. Four or more care recipients are incapable of self-preservation.

2. One or more care recipients that are incapable of self-preservation are located at other than 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 discharge, 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 care and the nearest level of exit discharge, the level of exit discharge, and all floors below the level of exit discharge.

Exception: Floors classified as an open parking garage are not required to be sprinklered.

Section 903.2.4 is amended to read:

Ordinance No. 2025-
14 903.2.3 Group E. An automatic sprinkler system shall be provided for Group E occupancies as follows:

1. Throughout all Group E fire areas greater than 2,000 square feet in area.

Exception: An automatic sprinkler system is not required in any Group E Day Care Facility less than 5,000 square feet.

2. The Group E fire area is located on a floor other than a level of exit discharge serving such occupancies.

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

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

4. In rooms or areas with special hazards such as laboratories, vocational shops, and. other such areas where hazardous materials in quantities not exceeding the maximum allowable quantity are used or stored.

5. Throughout any Group E structure greater than 4,000 square feet in area, which contains more than one fire area, and which is separated into two or more buildings by fire walls of less than 4-hour fire resistance rating without openings.

6. For public school state-funded construction projects, see Section 903.2.19.

7. For public school campuses, Kindergarten through 12th grade, see Section 903.2.20.

Section 903.2.4 is amended to read:
903.2.5 Group F-1. An automatic sprinkler system shall be provided throughout all buildings containing a Group F-1 occupancy where one of the following conditions exists:

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

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

3. The combined area of all Group F-1 fire areas on all floors, including any mezzanines, exceeds 10,000 square feet.

4. A Group F-1 occupancy used for the manufacture. of upholstered furniture or mattresses exceeding 2,500 square feet (232 m2).

Section 903.2.4.4 is added to read:
903.2.4.4 Group F-2. An automatic sprinkler system shall be provided throughout all buildings containing a Group F-2 occupancy greater than 5,000 square feet.

Section 903.2.7 is amended to read:
903.2.7 Group M. An automatic sprinkler system shall be provided throughout buildings containing a Group M occupancy where one of the following conditions exists:

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

Ordinance No. 2025-
14 2. A Group M fire area is located more than three stories above grade plane.

3. The combined area of all Group M fire areas on all floors, including any mezzanines, exceeds 10,000 square feet.

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

5. The structure exceeds 5,000 square feet, contains more than one fire area containing a Group M occupancy, and is separated into two or more buildings by fire walls of less than 4-hour fire resistance rating without openings.

Section 903.2.8 is amended to read:
903.2.8 Group R. An automatic sprinkler system installed in accordance with Section 903.3 shall be provided throughout all Group R occupancies. An automatic sprinkler system shall be installed in new manufactured homes, new mobile homes, and multifamily manufactured homes with two dwelling units, including those located in mobile home parks, in accordance with Title 25 of the California Code of Regulations.

Section 903.2.8.1.1 is added, to read:
903.2.8.1.1 Group R-3 Substantial Addition or Alteration. An automatic sprinkler system shall be provided throughout all existing Group R-3 dwellings where either of the following occurs:

1. Substantial Addition. The addition of new gross floor area exceeds fifty percent of the existing gross floor area and the total new gross floor area is 3,600 square feet.

2. 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.

Section 903.2.9 is amended to read:
903.2.9 Group S-1. An automatic sprinkler system shall be provided throughout all buildings containing 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. The combined area of all Group S-1 fire areas on all floors, including any mezzanines, exceeds 10,000 square feet.

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

Section 903.2.9.1 is amended to read:
903.2.9.1 Repair garages. An automatic sprinkler system shall be provided throughout all buildings used as repair garages in accordance with Section 406.8 of the California Building Code, as shown:

Ordinance No. 2025-
14 1. Buildings having two or more stories above grade plane, including basements, with a fire area containing a repair garage exceeding 5,000 square feet.

2. Buildings not more than one story above grade plane, with a fire area containing a repair garage exceeding 5,000 square feet.

3. Buildings with repair garages servicing vehicles parked in basements.

4. A Group S-1 fire area used for the repair of commercial motor vehicles where the fire area exceeds 5,000 square feet.

Section 903.2.10.1 is amended to read:
903.2.10.1 Group S-2 parking garages. An automatic sprinkler system shall be provided throughout buildings classified as parking garages where any of the following conditions exists:

1. Where the fire area of the enclosed parking garage, in accordance with Section 406.6 of the California Building Code, exceeds 5,000 square feet.

2. Where the enclosed parking garage, in accordance with Section 406.6 of the California Building Code, is located beneath other groups.

Exception: Enclosed parking garages located beneath Group R-3 occupancies.

3. Where the fire area of the open parking garage, in accordance with Section 406.5 of the California Building Code, exceeds 48,000 square feet.

Section 903.2.10.3 is added to read:
903.2.10.3 Group S-2 low hazard storage. An automatic sprinkler system shall be provided throughout all buildings containing a Group S-2 occupancy exceeding 5,000 square feet.

Exception: Open parking garages, including canopies and photovoltaic panel systems with open parking underneath, shall meet automatic sprinkler system requirements in accordance with the 2025 California Building Code and 2025 California Fire Code without local amendment.

Section 903.3.1.1.4 is added to read:
903.3.1.1.4 Undeclared Use. In buildings of undeclared use with floor to structure height greater than 14 feet, the fire sprinkler system shall be designed to conform to Extra Hazard Group I design density. In buildings of undeclared use with floor to structure height less than .14 feet, the fire sprinkler system shall be designed to conform to Ordinary Group II design density. Where a subsequent occupancy requires a system with greater capability, it shall be the responsibility of the owner 'and/or the occupant to upgrade the system.

Section 903.3.1.3 is amended to read:

Ordinance No. 2025-
14 903.3.1.3 Sprinkler Systems for One and Two family dwellings. Automatic sprinkler systems for one- and two-family dwellings shall be permitted to be installed in accordance with section 903.3.1.3.1.

Section 903.3.1.3.1 is added to read:
903.3.1.3.1 Pipe limitations. Where CPVC pipe is installed above the insulation or is otherwise located 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 903.3.5.3 is added to read:
903.3.5.3 Non-permissible water supply storage. Swimming pools and ponds shall not be considered water storage for the purposes of Section 903.3.5.

Section 903.3.9 is amended to read:
903.3.9. Floor control valves. Individual floor control valves and water flow detection assemblies shall be provided for each floor in multi-floor buildings at an approved location.

Exception: Group R-3 and R-3.1 Occupancies.

Section 903.4.2 is amended to read:
903.4.2 Alarms. One approved audible and visual device shall be connected to every automatic sprinkler system at an approved location. Such sprinkler water-flow alarm devices shall be activated by water flow equivalent to the flow of a single sprinkler of the smallest orifice size installed in the system. Audible and visual alarm devices shall be provided on the exterior of the building in an approved location. Where a fire alarm system is installed, actuation of the automatic sprinkler system shall actuate the building fire alarm system.

Section 903.6.1 and 903.6.2 are added to read:
903.6.1 Substantial Addition. An automatic sprinkler system shall be provided throughout all existing R-3 Occupancy buildings where a substantial addition occurs and the total new gross floor area of the structure exceeds 3,600 square feet. Group R-3 substantial additions or alterations shall comply with Section 903.2.8.1.1. 903.6.2 Change of occupancy classification. Any existing building that undergoes a change of occupancy classification into a higher hazard category shall comply with the requirements of Section 903.2. Relative hazard categories of occupancy groups shall be established based upon the Heights and Areas Hazard Categories of Table 1011.5 of the