Agenda — Pittsburg City Council, January 17, 2023 (part 4 of 5)

3. ASSIGNMENT. Any party shall not assign this Warranty or any party substituted, without the prior written consent of all the parties.

4. EXECUTION. This warranty is effective upon execution. It is the product of negotiation and all parties are equally responsible for authorship of this Warranty. Section 1654 of the California Civil Code shall not apply to the interpretation of this Warranty.

5. FORUM. Any lawsuit pertaining to any matter arising under or growing out of this Warranty shall be instituted in a court of proper jurisdiction in the appropriate County of California.

6. MERGER AND MODIFICATION. This Warranty sets forth the entire agreement between the parties and supercedes all other oral or written representations. This Warranty may be modified only in a writing approved by an authorized agent and signed by all parties.

7. NEGATION OF PARTNERSHIP. The local agency shall not be considered a partner or joint venture with the utility or associate by the provisions of this Warranty. No employee, contractor, officer or agent of either party shall be deemed for any purpose an employee, officer or agency of the other by this Warranty.

8. NON-INTEREST. No officer or employees of the local agency shall hold any interest in this Warranty (California Government Code Section 1090).

9. WAIVER OF DEFAULT. The failure of any party to enforce against another a provision of this Warranty shall not constitute a waiver of that party's right to enforce such a provision at a later time, and shall not serve to vary the term of this Warranty.

Local Agency ________________________ Utility ____________________________ By: ________________________________ By: _______________________________ Title: ______________________________ Title: ______________________________

EXHIBIT C

PAVEMENT LIFE PERFORMANCE WARRANTY
818
819
820
821

APPLICABLE CALTRANS STANDARD DETAILS

APPLICABLE CONTRA COSTA COUNTY STANDARD DETAILS
·
·
·
·
·
·
822

STORM DRAIN NOTES
823

GRADING NOTES
824

OVERLAND RELEASE
’
825

RETAINING WALL NOTES
826

TRAFFIC & LIGHTING NOTES
827
828
829
830
831
832
833
834
835
836
837
838
839
840
841
842

TEMPORARY TRAFFIC CONTROL PLAN (TTCP) CHECKLIST
□
·
·
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□
□
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□
□
□
□
□
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843
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“ ”

TEMPORARY TRAFFIC CONTROL PLAN (TTCP) CHECKLIST (CONT'D) 844
845
846
847
848
849
850
851
852
853
854
855
856
857
858
859
860
861
862
863
864
865
866
BACKFLOW PREVENTER FEBCO MODEL 825Y

BACKFLOW PREVENTER ENCLOSURE STRONG BOX MODEL SBBC-CR (POWDER

COATED DARK GREEN)

BOOSTER PUMP WATERTRONICS
PRESSURE REDUCING VALVE WILKINS MODEL 600XL

MASTER VALVE RAIN BIRD PESB SERIES

FLOW SENSOR RAIN MASTER FM SERIES
GATE VALVE-4" & LARGER NIBCO P-619-RW
GATE VALVE-3" & SMALLER LEEMCO LGT-SS SERIES
QUICK COUPLING VALVE RAIN BIRD 44LRC OR 44NP (RECYCLED WATER

SYSTEMS
CONTROLLER SITE ONE GREEN TECH DX2 SATELLITE

ASSEMBLY

ELECTRIC CONTROL VALVE RAIN BIRD PEB SERIES
BRASS BALL VALVE NIBCO T-FP-600A
VALVE BOXES IN PLANTING AREAS CARSON MODEL 708,910,1419 OR 1324

POP-UP TURF SPRAY SPRINKLER
POP-UP SHRUB SPRAY SPRINKLER RAIN BIRD 1812-SAM-PRS SERIES POP-UP ROTOR SPRINKLER RAIN BIRD 8005 OR 5000 SERIES
BUBBLER RAIN BIRD 1400 SERIES

DRIPLINE

INLINE CHECK VALVE

RAIN BIRD XFCV

NDS CV SERIES
RAIN BIRD 1806-SAM-PRS SERIES
ITEM
867
868
869
870
871
872
873
874
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875
876
877
878
879
880
881
882
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890
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894
895
City Council
City of Pittsburg
City Standard Specifications and Details Update
January 17, 2023
896
City Standard Specifications and Details Update
2 BACKGROUND
The City Standard Specifications and Standard Details
are requirements that outline the acceptable methods
of design and construction of public improvements.

Routine updates are necessary to ensure that
public improvements meet a minimum level of quality.
897
City Standard Specifications and Details Update
3 Improve Safety Through Increased Visibility
• Detail T-13 Raised pavement markers on
median noses
• Detail T-14 For high visibility crosswalks
Improve Intersection Quality Control
• Detail T-15 Improved video detection
technology for traffic at intersections
DETAIL T-13, T-14 AND T-15
898
City Standard Specifications and Details Update
4 DETAIL R-5 UPDATES
New requirements for contractors
• Prohibit contractors from leaving a
small section of pavement unrestored
between the existing trench asphalt
and gutters
• Must maintain a minimum width of
existing asphalt pavement adjacent to
trench repairs
899
City Standard Specifications and Details Update

OTHER SPECIFICATION UPDATES
Notable additions include:
• Updates to the material make or model referred to in
Standard Details
• An “Agreement and Release of Any and All Claims”
form
• Reference to the latest Bay Area Stormwater
Management Agencies Association Specification of
Soils for Biotreatment or Bioretention Facilities
• Information on updated Water Pollution Prevention
5 900
City Standard Specifications and Details Update

STAFF RECOMMENDATION
6 Staff recommends that the City Council
• Adopt the resolution to adopt the updated
City Standard Specifications and Standard Details
• Authorize the City Engineer to execute periodic
amendments as necessary.
901

OFFICE OF THE CITY MANAGER/EXECUTIVE DIRECTOR
65 Civic Avenue
Pittsburg, CA 94565
TO: Mayor and Council Members
FROM: Garrett Evans, City Manager
SUBJECT: Adoption by Minute Order of Council Member Committee Assignments for 2022, and Confirmation of Posting of FPPC Form 806 “Agency Report of Public Official Appointments”
MEETING DATE: January 17, 2023

EXECUTIVE SUMMARY
In accordance with the City of Pittsburg “Policy and Procedure for City Council” adopted by the City Council on September 4, 2001 by Resolution No. 01-9475, the Mayor and Vice- Mayor shall appoint individual City Council Members to standing and ad hoc committees and such appointments shall be approved by the entire City Council at its first meeting following reorganization. This also confirms posting of the Fair Political Practices Commission Form 806 “Agency Report of Public Official Appointments.”

FISCAL IMPACT
There is no fiscal impact.

RECOMMENDATION
Adopt by Minute Order the City Council Committee Assignments - 2023 attached as Exhibit A and confirm posting of FPPC Form 806 “Agency Report of Public Official Appointments.”

BACKGROUND
California Government Code Section 36813 authorizes a City Council to establish rules and policies for the conduct of its proceedings. On September 4, 2001, the City Council adopted Resolution No. 01-9475 providing for rules and procedures for the conduct of Council business.

SUBCOMMITTEE FINDINGS
This item was not submitted to a subcommittee.
902

STAFF ANALYSIS
In accordance with the rules and procedures, the Mayor and Vice-Mayor shall appoint individual City Council Members to the standing and ad hoc committees. Prior to the appointments, individual City Council Members may submit preferences for committee assignments. The list of appointments is then presented to the City Council for consideration at the first meeting following the annual reorganization.

Mayor Scales-Preston and Vice-Mayor Banales submit the proposed assignments set forth in Exhibit A for City Council consideration and recommend adoption of the committee assignments for 2023.

Pursuant to Section 18705.5 of Title 2 of the California Code of Regulations, an updated FPPC Form 806, “Agency Report of Public Official Appointments” has been posted on the City’s website as well as on the board at City Hall as of December 23, 2022.

ATTACHMENTS: Exhibit A
Report Prepared By: Alice E. Evenson, City Clerk
903
City Council Outside Agency / Liaison / Sub-Committees Assignments - 2023 Updated January 17, 2023

OUTSIDE AGENCY BOARDS COUNCIL MEMBER(S) TYPE MEETS TIME STAFF ABAG Shanelle Scales-Preston / Jelani Killings Alt. Standing Annual G. Evans Delta Diablo* Juan Banales / Shanelle Scales-Preston Alt. Standing 2 nd Wednesday 4:30 pm R. Abono East Co. Co. County Habitat Conservancy Juan Banales / Jelani Killings Alternate Standing 4 th Monday 2:00 pm J. Davis Bi-Monthly
East County Water Management Juan Banales / Jelani Killings Alternate Standing Annual R. Abono MCE Clean Energy Board Shanelle Scales-Preston / Angelica Lopez Alt. Standing Quarterly 7:00 pm D. Buchanan TRANSPLAN / ECCRFFA Shanelle Scales-Preston / Juan Banales Alt. Standing 2 nd Thursday 6:30 pm R. Abono Tri-Delta Transit (2 reps)** S. Scales-Preston & Dionne Adams / Jelani Killings Alt. Standing Last Wednesday 4:00 pm R. Abono

LIAISON TO COUNCIL MEMBER(S) TYPE MEETS TIME STAFF
East Bay League of Calif. Cities Shanelle Scales-Preston / Jelani Killings Alt. Standing 3 rd Thursday G. Evans Los Medanos Health Advisory Committee Shanelle Scales-Preston & Jelani Killings Ad Hoc As needed M. Aliotti Mayor’s Conference Shanelle Scales-Preston / Juan Banales Alt. Standing 1 st Thursday 6:30 pm G. Evans School Districts Committee (2x2) Jelani Killings & Angelica Lopez / Dionne Adams Alt. Standing 2nd Thursday 4:00 pm M. Aliotti even months

SUBCOMMITTEES COUNCIL MEMBER(S) TYPE MEETS TIME STAFF
CAC CDBG Dionne Adams & Angelica Lopes / S. Scales-Preston Alt. Standing As needed M. Aliotti City Infrastructure and Transportation S. Scales-Preston & Juan Banales / Jelani Killings Alt. Standing As needed R. Abono Community Services S. Scales-Preston & Angelica Lopez / Dionne Adams Alt. Standing As needed M. Aliotti Constituent Management Services S. Scales-Preston & Dionne Adams / Angelica Lopez Alt. Ad Hoc As needed M. Aliotti Economic Develop/Waterfront Jelani Killings & Dionne Adams / S. Scales-Preston Alt. Standing As needed 4:30 pm J. Davis Finance S. Scales-Preston & Juan Banales / Dionne Adams Alt. Standing Monthly 3:30 pm P. Rodrigues Government Performance Juan Banales & Jelani Killings Ad Hoc As needed J. Brizel Land Use Juan Banales & Dionne Adams / Angelica Lopez Alt. Standing Monthly 1:30 pm J. Davis My Brothers Keeper S. Scales-Preston & Jelani Killings Ad Hoc As needed K. Simonton Pittsburg Arts & Community Foundation S. Scales-Preston & Jelani Killings / Dionne Adams Alt. Standing As needed K. Simonton Pittsburg Police Activities League (PAL) S. Scales-Preston & Angelica Lopez / Dionne Adams Alt. Standing Monthly S. Albanese Pittsburg Recognition Juan Banales & Jelani Killings Standing As needed M. Aliotti Power Company Advisory Dionne Adams & Angelica Lopez / Juan Banales Alt. Standing As needed D. Buchanan Public Safety S. Scales-Preston & Jelani Killings / Juan Banales Alt. Standing As needed 5:00 pm S. Albanese Sister City Committee Jelani Killings & Angelica Lopez / S. Scales-Preston Alt. Standing As needed K. Simonton Tobacco, Cannabis, Alcohol Policy Review Juan Banales & Jelani Killings Ad Hoc As needed G. Evans *Stipend of $170 per month
**Stipend of $100 per month
904

OFFICE OF THE CITY MANAGER/EXECUTIVE DIRECTOR
65 Civic Avenue
Pittsburg, CA 94565
TO: Mayor and Council Members
FROM: Garrett Evans, City Manager
SUBJECT: Adoption of a City Council Resolution Accepting Metropolitan Transportation Commission’s Allocation of FY 2022-23 Transportation Development Act Article 3 Pedestrian/Bicycle Project Grant Funding for Project 2050—Safe Routes to School
MEETING DATE: January 17, 2023

EXECUTIVE SUMMARY
The Metropolitan Transportation Commission (MTC) provides Transportation Development Act (TDA) Pedestrian/Bicycle Project Grant funds to projects creating safer routes for walking and biking to school. The City's application for funds has been approved. The attached resolution accepts the MTC FY 2022-23 grant funds for Project 2050—Safe Routes to School (the “Project”) to improve safety at five school crosswalk locations.

FISCAL IMPACT
The MTC grant is in the amount of $105,000 for construction of Project improvements. Staff will provide in-house design and construction management services. The total project cost is estimated to be $105,000.

RECOMMENDATION
Staff recommends that the City Council accept the MTC TDA Article 3 Pedestrian/Bicycle Project Grant funds for FY 2022-23 for Project 2050-Safe Routes to School.

BACKGROUND
Currently, students use crosswalks marked with two 12” painted lines.

The Project will increase student safety through the installation of rectangular rapid flashing beacons (RRFBs) with push buttons at five school crosswalks: Pittsburg High School, Heights Elementary School, Saint Peter Martyr School, and Highlands Elementary School.

The proposed improvements also include roadside signage at roadway crossings along School Street, Seeno Street, Riverview Drive, West 4th Street, and Buchanan Road. 905
The Project has the support of the Pittsburg Unified School District Director of Maintenance, Operations, and Transportation.

SUBCOMMITTEE FINDINGS
The item was not presented to a subcommittee.

STAFF ANALYSIS
Construction of the Project will encourage more walking, which would help to reduce vehicle travel and greenhouse gas emissions.

Approval of the attached resolution accepts the grant funds. Staff anticipates returning to the City Council at a later meeting to request project approval and award of a construction contract.

ATTACHMENTS: Resolution
Attachment A – Required Findings
Attachment B – MTC Application
Attachment C – MTC Fund Allocation Letter
Report Prepared By: Savon Reese, Assistant Engineer
906
Resolution No. Page 1 of 2 January 17, 2023

BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG
In the Matter of:

Adoption of a City Council Resolution ) RESOLUTION NO. 23- Accepting Metropolitan Transportation )
Commission’s Allocation of FY 2022-23 )
Transportation Development Act Article 3 )
Pedestrian/Bicycle Project Grant Funding )
WHEREAS, Article 3 of the Transportation Development Act (TDA) Public Utilities Code (PUC), Section 99200 et seq., authorizes the submission of claims to a regional transportation planning agency for the funding of projects exclusively for the benefit and use of pedestrians and bicyclists; and
WHEREAS, the Metropolitan Transportation Commission (MTC), as the regional transportation planning agency for the San Francisco Bay region, has adopted MTC Resolution No. 4108, entitled “Transportation Development Act Article 3 Pedestrian/Bicycle Projects,” which delineates procedures and criteria for submission of requests for the allocation of TDA Article 3 funding; and
WHEREAS, MTC Resolution 4108 requires that requests for the allocation of TDA Article 3 funding be submitted as part of a single, countywide coordinated claim for each county in the San Francisco Bay region; and
WHEREAS, the City of Pittsburg declares it is eligible to request an allocation of TDA Article 3 funds pursuant to Section 99234 of the Public Utilities Code; and WHEREAS, the Project involves the installation of rectangular rapid flashing beacons (RRFBs) with push buttons at five school crosswalks at Pittsburg High School, Heights Elementary School, Saint Peter Martyr School, and Highlands Elementary School; and
WHEREAS, a certified copy of this resolution and its attachments and any accompanying supporting materials shall be forwarded to the congestion management agency, countywide transportation planning agency, or county association of governments of Contra Costa County for submission to MTC as part of the countywide coordinated TDA Article 3 claim.

NOW, THEREFORE, BE IT RESOLVED that the City Council hereby accepts Metropolitan Transportation Commission’s Allocation of FY 2022-23 Transportation Development Act Article 3 Pedestrian/Bicycle Project funding for Project 2050— Safe Routes to School.
907
Resolution No. Page 2 of 2 January 17, 2023
PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 17th day of January 2023, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:
_____________________________
Shanelle Scales-Preston, Mayor
ATTEST:
______________________________
Alice E. Evenson, City Clerk
908
MTC, November 2022 TDA Article 3 Model Resolution Page 1 Attachment A
Re: Request to the Metropolitan T ransportation Commission for the Allocation of Fiscal Year FY 2022/23 Transportation Development Act Article 3 Pedestrian/Bicycle Project Funding Findings

Page 1 of 1 ends

1. That the City of Pittsburg is not legally impeded from submi tting a request to the Metropolitan Transportation Commission for the allocation of Transportation Development Act (TDA) Article 3 funds, nor is the City of Pittsburg legally impeded from undertaking the project(s) described in “Attachment B” of this resolution.

2. That the City of Pittsburg has committed adequate staffing resources to complete the p roject(s) described in Attachment B.

3. A review of the project(s) de scribed in Attachment B has resulted in the consideration of all pertinent matters, including those related to environmental and right‐of‐way permits and clearances, attendant to the successful completion of the project(s).

4. Issues attendant to securing environmental and right‐of‐way permits and clearances for the projects described in Attachment B have been reviewed and will be concluded in a manner and on a schedule that will not jeopardize the deadline for the use of the TDA funds being requested.

5. That the project(s) described in Attachment B comply with th e requirements of the California Environmental Quality Act (CEQA, Public Resources Code Sections 21000 et seq.).

6. That as portrayed in the budget ary description(s) of the project(s) in Attachment B, the sources of funding other than TDA are assured and adequate for completion of the project(s).

7. That the project(s) described in Attachment B are for capital construction and/or final design and engineering or quick build project; and/or for the maintenance of a Class I bikeway which is closed to motorized traffic and/or Class IV separated bikeway; and/or for the purposes of restriping Class II bicycle lanes; and/or for the development or support of a bicycle safety education program; and/or for the development of a comprehensive bicycle and/or pedestrian facilities plan, and an allocation of TDA Article 3 funding for such a plan has not been received by the City of Pittsburg within the prior five fiscal years.

8. That the project(s) described in Attachment B which are bicycle projects have been included in a detailed bicycle circulation element included in an adopted general plan, or included in an adopted comprehensive bikeway plan (such as outlined in Section 2377 of the California Bikeways Act, Streets and Highways Code section 2370 et seq.) or responds to an immediate community need, such as a quick‐build project.

9. That any project described in Attachment B bicycle project meets the mandatory minimum safety design criteria published in the California Highway Design Manual or is in a National Association of City and Transportation Officials (NACTO) guidance or similar best practices document.

10. That the project(s) described in Attachment B will be completed in the allocated time (fiscal year of allocation plus two additional fiscal years).

11. That the City of Pittsburg ag rees to maintain, or provide for the maintenance of, the project(s) and facilities described in Attachment B, for the benefit of and use by the public. 909

910
911
Combined Agency/City Council Minutes Page 1 of 3 December 12, 2022

CITY OF PITTSBURG

CITY COUNCIL/AGENCY CONCURRENT MEETING MINUTES
DATE: December 12, 2022
LOCATION: Council Chamber, City Hall, 65 Civic Avenue, Pittsburg, CA 94565 CITY COUNCIL.AGENCY MEMBERS
Shanelle Scales-Preston, Mayor/Chair
Juan Antonio Banales, Vice-Mayor/Chair
Jelani Killings, Council/Agency Member
Dionne Adams, Council/Agency Member
Angelica Lopez, Council/Agency Member
S.L. Floyd, Agency Member
Annie Hill Herring, Agency Member

APPOINTED OFFICIALS
Garrett Evans, City Manager/Executive Director
Donna Mooney, City Attorney/Legal Counsel
Alice E. Evenson, City Clerk/Agency Secretary (elected) Nancy Parent, City Treasurer (elected)
Mayor Scales-Preston called the special meeting to order at 7:23 P.M. in the City Council Chamber at City Hall, 65 Civic Avenue, Pittsburg, CA.

ROLL CALL
Vice-Mayor Banales was absent and excused.

PLEDGE OF ALLEGIANCE
Chief Albanese led the Pledge of Allegiance.

PRESENTATIONS

1. Quarterly Overview of Use of Force by Law Enforcement Personnel and Overview of Internal Affairs Investigations

2. Presentation and Update of the Housing Element for the 2023-2031 Cycle

CITY MANAGER REPORTS/REMARKS
City Manager Evans gave an update on upcoming City events.

PUBLIC COMMENTS
There were no public comments.
912
Combined Agency/City Council Minutes Page 2 of 3 December 12, 2022

COMMITTEE REPORTS
Member Killings attended the Tobacco, Alcohol and Cannabis Committee meeting.

Mayor Scales-Preston attended the Los Medanos Health Advisory Committee meeting.

CONSIDERATION

3. Introduction and Waive First Reading of an Ordinance Amending Title 2 of the Pittsburg Municipal Code
On Motion by Member Killings, seconded by Member Adams to introduce and waive first reading of the Ordinance and carried by the following vote:

AYES: Adams, Killings, Lopez, Scales-Preston
ABSENT: Banales

4. Introduce and Waive First Reading of an Ordinance to Rescind and Amend Pittsburg Municipal Code Title 15, “Buildings and Construction,” to Adopt by Reference the 2022 California Building Code, Residential Code, Electrical Code, Fire Code, Mechanical Code, Plumbing Code, Historical Building Code, Green Building Standards Code, Existing Building Code and Energy Code with State of California and Local Amendments On Motion by Member Killings, seconded by Member Lopez to introduce and waive first reading of the Ordinance and carried by the following vote:

AYES: Adams, Killings, Lopez, Scales-Preston
ABSENT: Banales

5. Receive and File Report on the Review of Development Impact Fees Received by the City of Pittsburg that are Subject to AB 1600 Reporting Requirements On Motion by Member Killings, seconded by Member Adams to approve and carried by the following vote:

AYES: Adams, Killings, Lopez, Scales-Preston
ABSENT: Banales

CONFLICT OF INTEREST STATEMENT
There were no conflicts of interest statements.

COMBINED CITY COUNCIL, PITTSBURG ARTS AND COMMUNITY FOUNDATION,

PITTSBURG POWER COMPANY, SOUTHWEST PITTSBURG GHAD II AND SUCCESSOR

AGENCY CONSENT CALENDAR
On Motion by Member Killings, seconded by Member Lopez to adopt and carried by the following vote:
913
Combined Agency/City Council Minutes Page 3 of 3 December 12, 2022 AYES: Adams, Killings, Lopez, Scales-Preston
ABSENT: Banales

6. Minutes of November 7, 2022, November 21, 2022, and December 5, 2022

7. Adoption of a City Council Resolution Allocating American Rescue Plan Act (ARPA) Funds for the Frontage Road Living Green Trail Project

8. Adoption of a City Council Resolution Authorizing the Execution of a Consulting Services Agreement with TRC Solutions, Inc. for the H Cycle Renewable Hydrogen Project

9. Adoption of a City Council Resolution Making Findings in Support of Continuing to Hold Public Subcommittee Meetings by Teleconference Pursuant to California Government Code Section 54953(e)

10. Adoption of a City Council Resolution to Amend the Master Pay Schedule to Include Amendments to the Seasonal Salary Schedule and Previously Approved Positions and Compensation

COUNCIL REQUEST FOR FUTURE AGENDA ITEMS
There were no requests for future agenda items.

COUNCIL MEMBER REMARKS
Member Killings congratulated all new Council Members.

Mayor Scales-Preston thanked staff for the successful events last week, including the holiday tree lighting and parade and wished everyone happy holidays.

ADJOURNMENT
The City Council adjourned at 8:28 P.M. to January 17, 2023.

Respectfully submitted,
Alice E. Evenson, City Clerk
914

OFFICE OF THE CITY MANAGER/EXECUTIVE DIRECTOR
65 Civic Avenue
Pittsburg, CA 94565
TO: Mayor/Chair and Council/Governing Board Members
FROM: Garrett Evans, Executive Director
SUBJECT: Adoption of a Pittsburg Power Company Resolution Approving the Addition of Robertson-Bryan, Inc. to the “On-Call” Professional Services List
MEETING DATE: January 17, 2023

EXECUTIVE SUMMARY
Pittsburg Power Company (PPC), a joint powers authority, utilizes professional electric consulting and design services to support power market research and development of new energy projects.

FISCAL IMPACT
PPC proposes to enter in to an “On-Call” Professional Services Agreement for $200,0000 for Robertson-Bryan, Inc. (RBI). As services are needed, PPC will issue task orders to perform the services. The anticipated amount for each task order is generally in a range of $2,500 up to $25,000 on average.

Approval of the professional utility services agreement has no direct fiscal impact to the City’s General Fund. Funds for such professional services will be drawn from PPC’s capital and operating budgets approved by the City Council.

RECOMMENDATION
The Governing Board of the PPC approves the addition of RBI to the “On-Call” Professional Services List and authorizes the Executive Director to execute a Professional Services Agreement.

BACKGROUND
PPC requires professional and specialized engineering and market research and assessment services from companies qualified and experienced in providing professional services including engineering, power market pricing, power scheduling and delivery assessments in the California energy market.
915
On January 19, 2021, the PPC Governing Board adopted Resolution 21-405, approving an On-Call Utility Professional Services List and subsequently entered into Professional Services Agreements with three qualified firms. PPC is requesting that an additional qualified firm be added to the “On-Call” list.

SUBCOMMITTEE FINDINGS
The addition of RBI to the “On-Call” Professional Services List has not been presented to the PPC Subcommittee.

STAFF ANALYSIS
In order to provide the most reliable service and highest efficacy of project design and customer support, PPC necessarily seeks the support of qualified utility professional services companies.

Robertson-Bryan, Inc. possesses unique skills and experience to perform market power availability assessments, power scheduling, and delivery assessments in real-time, day- ahead and market futures.

Further, RBI is currently performing day-ahead power scheduling for several large irrigation districts. These skills will be critical in supporting PPC as it seeks to serve new commercial and industrial load outside of PPC’s existing service territory on Mare Island, Vallejo.

PPC would enter in to an “On-Call” professional service agreement and issue a task order for each specific power market related assessment and engineering service. The task order will set forth scope of work, estimated cost, anticipated resources and materials, schedule, deliverable, and any other pertinent information.

RBI would subsequently be requested to provide a quote to perform the work. Any services task expected to exceed $60,000 will be competitively bid. Based on historical examples, tasks are generally in the range of $2,500 up to $25,000 on average.

Staff is further proposing that each company Professional Services Agreement be limited to an amount not to exceed $200,000 per agreement, and an expiration date of December 31, 2024.

ATTACHMENTS: Resolution
Agreement
Report Prepared By: Douglas Buchanan, Power Company Manager 916
Resolution No. 23- Page 1 of 1 January 17, 2023

BEFORE THE GOVERNING BOARD OF THE PITTSBURG POWER COMPANY In the Matter of:

Approving the Addition of Robertson-Bryan, )
Inc. to the On-Call Professional Services List ) RESOLUTION NO. 23- WHEREAS, Pittsburg Power Company (PPC), a joint powers authority, requires professional and specialized engineering services and power market assessments from companies qualified and experienced in providing electric utility engineering services including engineering, power market pricing, power scheduling and delivery assessments; and
WHEREAS, on January 19, 2021, by Resolution 21-405, the PPC Governing Board approved an “On-Call” Professional Services List and subsequently entered into Professional Services Agreements with three qualified firms; and WHEREAS, staff recommends the addition of Robertson-Bryan Engineering, Inc., which is deemed qualified and provides specialty power market assessment, power scheduling and delivery services assessments, to the “On-Call” Professional Services list to expand the power market assessment support and services.

NOW, THEREFORE BE IT RESOLVED that the Governing Board of the Pittsburg Power Company hereby approves the addition of Robertson-Bryan, Inc. to the previously approved “On-Call” Professional Services List, authorize the Executive Director to enter into a Professional Service Agreement with Robertson-Bryan, Inc. for an amount not to exceed $200,000 and expires on December 31, 2024.

PASSED AND ADOPTED by Governing Board of the Pittsburg Power Company at a regular meeting on the 17th day of January 2023, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:
____________________________
Shanelle Scales-Preston, Chair
ATTEST:
____________________________
Garrett Evans, Executive Secretary
917
918
919
920
921
922
923
924
925
926
927
928
929
930
931
932
933
934
935
936
937
938

OFFICE OF THE CITY MANAGER/EXECUTIVE DIRECTOR
65 Civic Avenue
Pittsburg, CA 94565
TO: Mayor/Chair and Council/Governing Board Members
FROM: Garrett Evans, Executive Director
SUBJECT: Adoption of a Pittsburg Power Company Resolution to Authorize the Executive Director to Extend the Term of the Full Load Service Contract with Western Area Power Administration
MEETING DATE: January 17, 2023

EXECUTIVE SUMMARY
The Pittsburg Power Company (PPC) and the Western Area Power Administration (WAPA) are parties to the Full Load Service (FLS) Contract for WAPA to furnish supplemental power and portfolio management services. In order for WAPA to purchase long-term supplemental power for its full load service customers, WAPA requested an extension to the term of the FLS Contract commencing December 31, 2024 and remaining in effect until December 31, 2029.

FISCAL IMPACT
There is no fiscal impact to the City of Pittsburg’s General Fund. The cost of supplemental power purchase and associated expenses are addressed in Island Energy’s annual rate case and operating budget.

RECOMMENDATION
The Governing Board of the PPC adopt the resolution authorizing the Executive Director to extend the term of the FLS Contract with WAPA commencing December 31, 2024 and remaining in effect until December 31, 2029.

BACKGROUND
PPC and WAPA are parties to a series of power procurement and delivery contracts. These contracts include the Base Resource Contract (00-SNR-00340, the FLS Contract (22-SNR- 02783), the Scheduling Coordinator Services Contract (22-SNR-02784) and their exhibits as amended from time to time to incorporate regulatory and operational changes to the PPC utility practice on Mare Island.
939

SUBCOMMITTEE FINDINGS
The extension of the WAPA FLS Contract commencing December 31, 2024, has not been presented to the PPC Subcommittee.

STAFF ANALYSIS
On March 1, 2021, the PPC Board approved Resolution 21-049 authorizing an extension of the Base Resource Contract to the end date of December 31, 2054. The Base Resource Contract allocates a fixed percentage of hydro-electricity generation from the Federal Central Valley Project.

The sequential Scheduling Coordinator Service Contract is utilized to schedule and deliver Base Resource power to Mare Island and the FLS Contract is utilized to procure and deliver supplemental power to Base Resource to serve load on Mare Island. These documents complete the Base Resource Contract.

The current FLS Contract is scheduled to terminate on December 31, 2024. The FLS Contract provides for WAPA to contract for and furnish supplemental power, and to provide portfolio management services to the PPC.

In order for WAPA to purchase long-term supplemental power for its full load service customers for the period extending beyond December 31, 2024, WAPA must have commitments from all full load service customers well in advance. PPC proposes to continue to subscribe full load service from WAPA beyond December 31, 2024; therefore, staff recommends extending the FLS Contract to December 31, 2029.

ATTACHMENTS: Resolution
WAPA Full Load Service Contract
Report Prepared By: Douglas Buchanan, Power Company Manager 940
Resolution No. 23- Page 1 of 2 January 17, 2023

BEFORE THE PITTSBURG POWER COMPANY OF THE CITY OF PITTSBURG In the Matter of:

Authorizing the Executive Director to Extend )
The Term of the Full Load Service Contract ) RESOLUTION NO. 23- With Western Area Power Administration )
WHEREAS, the Pittsburg Power Company (PPC) and the Western Area Power Administration (WAPA) are parties to a series of power procurement and delivery contracts; and
WHEREAS, these contracts include the Base Resource Contract (00-SNR-00340), the Full Load Service Contract (22-SNR-02783) and the Scheduling Coordinator Services Contract (22-SNR-02784) (collectively, the “Contracts”); and WHEREAS, these Contracts and their exhibits have been amended from time to time to incorporate regulatory and operational changes to the PPC utility practice on Mare Island; and
WHEREAS, on March 1, 2021, the Governing Board of the PPC Board approved Resolution 21-409 approving an extension to the Base Resource Contract through December 31, 2054; and
WHEREAS, the current Full Load Service (FLS) Contract is scheduled to terminate on December 31, 2024; and
WHEREAS, in order for WAPA to commit to and purchase long-term supplemental power for its full load service customers for the period extending beyond December 31, 2024, it must have contract commitments from these customers in place well in advance; and WHEREAS, PPC proposes to continue to subscribe full load service from WAPA beyond December 31, 2024; therefore, staff recommends extending the FLS Contract commencing December 31, 2024 and remaining in effect until December 31, 2029.

NOW, THEREFORE BE IT RESOLVED that the Governing Board of the Pittsburg Power Company hereby authorize the Executive Director to extend the terms of the Full Load Service Contract between Western Area Power Administration and Pittsburg Power Company to December 31, 2029.
941
Resolution No. 23- Page 2 of 2 January 17, 2023
PASSED AND ADOPTED by the Governing Board of the Pittsburg Power Company at a regular meeting on the 17th day of January 2023, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:
___________________________
Shanelle Scales Preston, Chair
ATTEST:
________________________________
Garrett Evans, Executive Secretary
942
943
944
1 2
3 4
5 6
7 8
9 10
11 12 1. PREAMBLE:

Contract 22-SNR-02783

UNITED STATES

DEPARTMENT OF ENERGY

WESTERN AREA POWER ADMINISTRATION

SIERRA NEVADA REGION

CUSTOM PRODUCT CONTRACT
FOR

FULL LOAD SERVICE
WITH

PITTSBURG POWER COMPANY
13 This Contract is made this pursuant to the Acts of Congress --------- 14 approved June 17, 1902, (32 Stat. 388); August 26, 1937, (50 Stat. 844); August 4, 15 1939, (53 Stat. 1187); and August 4, 1977, (91 Stat. 565); and Acts amendatory or 16 supplementary to the foregoing Acts; between the UNITED STATES OF AMERICA 17 (United States), acting by and through the Administrator, Western Area Power 18 Administration, Department of Energy, represented by the officer executing this 19 Contract, or a duly appointed successor, hereinafter called WAPA or Contracting 20 Officer; and PITTSBURG POWER COMPANY, a California joint powers authority, 21 organized and existing under the laws of the State of California, hereinafter referred to 22 as PPC or the Contractor, its successors and assigns; both also hereinafter referred to 23 individually as Party and together as Parties.
24 25 2.
26 27
28 EXPLANATORY RECITALS:

2.1 The Parties entered into Base Resource Contract 20-SNR-02315 on April 9, 2021. The Base Resource Contract provides the terms and conditions whereby WAPA will provide Base Resource electric service to PPC.

Contract 22-SNR-02783 1
945
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949
950
951
952
953
954
955
956
957
958
959
960
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964

OFFICE OF THE CITY MANAGER/EXECUTIVE DIRECTOR
65 Civic Avenue
Pittsburg, CA 94565
TO: Mayor/Chair and Council/Governing Board Members
FROM: Garrett Evans, Executive Director
SUBJECT: Adoption of a Pittsburg Power Company Resolution to Authorize the Executive Director to Extend the Term of the Scheduling Coordinator Services Contract with Western Area Power Administration MEETING DATE: January 17, 2023

EXECUTIVE SUMMARY
The Pittsburg Power Company (PPC) and the Western Area Power Administration (WAPA) are parties to the Scheduling Coordinator Services Contract for WAPA to furnish supplemental power and portfolio management services. In order for WAPA to purchase long-term supplemental power for its full load service customers, WAPA requested an extension to the term of the Full Load Service (FLS) Contract commencing December 31, 2024 and remaining in effect until December 31, 2029.

RECOMMENDATION
The Governing Board of the PPC adopt the resolution authorizing the Executive Director to extend the term of the Scheduling Coordinator Services Contract with WAPA commencing December 31, 2024 and remaining in effect until December 31, 2029.

BACKGROUND
PPC and the Western Area Power Administration (WAPA) are parties to a series of power procurement and delivery contracts. These contracts include the Base Resource Contract (00-SNR-00340, the FLS Contract 22-SNR-02783, the Scheduling Coordinator Services Contract (22-SNR-02784) and their exhibits as amended from time to time to incorporate regulatory and operational changes to the PPC utility practice on Mare Island. 965

SUBCOMMITTEE FINDINGS
The extension of the WAPA Scheduling Coordinator Services Contract commencing December 31, 2024, has not been presented to the PPC Subcommittee.

STAFF ANALYSIS
On March 1, 2021, the PPC Board approved Resolution 21-049 authorizing an extension to the end date of the Base Resource Contract to December 31, 2054. The Base Resource Contract allocates a fixed percentage of hydro-electricity generation from the Federal Central Valley Project.

The sequential Scheduling Coordinator Service Contract is utilized to schedule and deliver Base Resource power to Mare Island and the Scheduling Coordinator Services Contract is utilized to procure and deliver supplemental power to Base Resource to serve load on Mare Island. These documents complete the Base Resource Contract.

The current Scheduling Coordinator Services Contract is scheduled to terminate on December 31, 2024. The Scheduling Coordinator Services Contract provides for WAPA to contract and furnish supplemental power, and provide portfolio management services to the PPC.

For WAPA to purchase long-term supplemental power for its full load service customers for the period extending beyond December 31, 2024, WAPA must have customer commitments from all full load service customers well in advance. PPC proposes to continue to subscribe full load service from WAPA beyond December 31, 2024; therefore, staff recommends extending the Scheduling Coordinator Services Contract to December 31, 2029.

ATTACHMENTS: Resolution
WAPA Scheduling Coordinator Services Contract
Report Prepared By: Douglas Buchanan, Power Company Manager 966
Resolution No. 23- Page 1 of 2 January 17, 2023

BEFORE THE PITTSBURG POWER COMPANY OF THE CITY OF PITTSBURG In the Matter of:

Resolution Authorizing the Executive Director )
To Extend the Term of the Scheduling )
Coordinator Services Contract with the ) RESOLUTION NO. 23- Western Area Power Administration )
WHEREAS, the Pittsburg Power Company (PPC) and the Western Area Power Administration (WAPA) are parties to a series of power procurement and delivery contracts; and
WHEREAS, these contracts include the Base Resource Contract (00-SNR-00340), the Full Load Services Contract (22-SNR-02783) and the Scheduling Coordinator Services Contract (22-SNR-02784) (collectively, the “Contracts”); and WHEREAS, these Contracts and their exhibits have been amended from time to time to incorporate regulatory and operational changes to the PPC utility practice on Mare Island; and
WHEREAS, on March 1, 2021, the Governing Board of the PPC approved Resolution 21-409 approving an extension to the Base Resource Contract through December 31, 2054; and
WHEREAS, the current Scheduling Coordinator Services Contract is scheduled to terminate on December 31, 2024; and
WHEREAS, in order for WAPA to commit to and purchase long-term supplemental power for its Scheduling Coordinator Services customers for the period extending beyond December 31, 2024, it must have contract commitments from these customers in place well in advance; and
WHEREAS, PPC proposes to continue to subscribe Scheduling Coordinator Services from WAPA beyond December 31, 2024; therefore, staff recommends extending the Scheduling Coordinator Services Contract commencing December 31, 2024 and remaining in effect until December 31, 2029.

NOW, THEREFORE BE IT RESOLVED that the Governing Board of the Pittsburg Power Company hereby authorize the Executive Director to extend the terms of the Scheduling Coordinator Services Contract between Western Area Power Administration and Pittsburg Power Company to December 31, 2029.
967
Resolution No. 23- Page 2 of 2 January 17, 2023
PASSED AND ADOPTED by the Governing Board of the Pittsburg Power Company at a regular meeting on the 17th day of January 2023, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:
___________________________
Shanelle Scales Preston, Chair
ATTEST:
________________________________
Garrett Evans, Executive Secretary
968
969
970
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980
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992
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994
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996
997
998
999
1000

OFFICE OF THE CITY MANAGER/EXECUTIVE DIRECTOR
65 Civic Avenue
Pittsburg, CA 94565
TO: Mayor/Chair and Council/Governing Board Members
FROM: Garrett Evans, Executive Director
SUBJECT: Adoption of a Pittsburg Power Resolution Approving the Revised 2021 Power Content Label to the California Energy Commission MEETING DATE: January 17, 2023

EXECUTIVE SUMMARY
The Pittsburg Power Company (PPC), in compliance with State law (Public Utilities Code 398.1(b)), is disclosing both the power sources portfolio information and comparison to California’s total system power mix on an annual Power Content Label (PCL). Some corrections were made to the 2021 Power Content Label after its adoption.

FISCAL IMPACT
The 2021 Power Content Label is a regulatory requirement and has no fiscal impact to Island Energy’s Enterprise Fund or the City of Pittsburg’s General Fund.

RECOMMENDATION
The Governing Board of the PPC adopt the revised version of PPC’s 2021 Power Content Label.

BACKGROUND
Under the Power Source Disclosure Program, electricity retail suppliers are required to submit to the California Energy Commission (CEC) annually to disclose their gross purchases of electricity by source, resales of electricity, and the net electricity by source used to serve retail load for the previous calendar year.

On September 19, 2022, the Governing Board of PPC adopted Resolution 22-445A, attesting the veracity of the 2021 Power Content Label to the California Energy Commission.
1001

SUBCOMMITTEE FINDINGS
The revised 2021 Power Content Label has not been presented to the PPC Subcommittee.

STAFF ANALYSIS
Two corrections were made to the 2021 Power Content Label after its adoption.

1. The Greenhouse Gas Emission Intensity was changed from 303 lbs CO2e/MWh to 386 lbs CO2e/MWh due to increased annual sales and the California Energy Imbalance Market Adjustment.

2. The percentage of “Unspecified Power” of all energy resources should be 41.0% instead of 50.0%.

ATTACHMENTS: Resolution
Revised 2021 Power Content Label
Report Prepared By: Vanessa Xie, Administrative Officer 1002
Resolution No. 23- Page 1 of 1 January 17, 2023

BEFORE THE GOVERNING BOARD OF THE PITTSBURG POWER COMPANY In the Matter of:

Approving the Revised 2021 Power Content)
Label To the California Energy Commission ) RESOLUTION NO. 23 WHEREAS, Pittsburg Power Company (PPC), a joint powers authority, provides retail electricity and natural gas services on Mare Island, Vallejo in the name of Island Energy (IE); and
WHEREAS, under the Power Source Disclosure Program, electricity retail suppliers are required to submit to the California Energy Commission (CEC) annually to disclose their gross purchases of electricity by source, resales of electricity, and the net electricity by source used to serve retail load for the previous calendar year; and WHEREAS, on September 19, 2022, the Governing Board of PPC adopted Resolution 22-445A, attesting the veracity of the 2021 Power Content Label to the California Energy Commission; and
WHEREAS, PPC, in compliance with the State law (Public Utilities Code 398.1(b)), is disclosing both the power sources portfolio information and comparison to California’s total system power mix on an annual Power Content Label; and WHEREAS, some corrections were made to the 2021 Power Content Label after its adoption.

NOW, THEREFORE BE IT RESOLVED that the Governing Board of the Pittsburg Power Company hereby adopts the revised 2021 Power Content Label.

PASSED AND ADOPTED by Governing Board of the Pittsburg Power Company at a regular meeting on the 17th day of January 2023, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:
_____________________________
Shanelle Scales-Preston, Chair
ATTEST:
____________________________
Garrett Evans, Executive Secretary
1003
2021 POWER CONTENT LABEL
Pittsburg Power Company
https://islandenergy.com/power-content-label/
Greenhouse Gas Emissions
Intensity (lbs CO2e/MWh) Energy Resources
Retail
Electricity
Service
2021 CA
Power Mix
Eligible Renewable1 29.5% 33.6%
Biomass & Biowaste 0.0% 2.3%
386 456 Geothermal 0.0% 4.8%
Eligible Hydroelectric 0.5% 1.0%
Solar 29.0% 14.2%
Wind 0.0% 11.4%
Coal 0.0% 3.0%
Large Hydroelectric 25.4% 9.2%
Natural Gas 0.0% 37.9%
Nuclear 0.0% 9.3%
Other 4.1% 0.2%
Unspecified Power2 41.0% 6.8%
TOTAL 100.0% 100.0%
Percentage of Retail Sales Covered by
Retired Unbundled RECs3: 0%
1The eligible renewable percentage above does not reflect RPS compliance, which is determined using a different methodology.
2Unspecified power is electricity that has been purchased through open market transactions and is not traceable to a specific generation source.
3Renewable energy credits (RECs) are tracking instruments issued for renewable generation.

Unbundled renewable energy credits (RECs) represent renewable generation that was not delivered to serve retail sales. Unbundled RECs are not reflected in the power mix or GHG emissions intensities above.

For specific information about this
electricity portfolio, contact: Pittsburg Power Company, 707-562-5000 For general information about the
Power Content Label, visit: http://www.energy.ca.gov/pcl/ For additional questions, please
contact the California Energy
Commission at:

Toll-free in California: 844-454-2906
Outside California: 916-653-0237
Retail Electricity
Service 2021 CA Utility Average
0 200
400
600
800
1000
Retail
Electricity
Service
2021 CA
Utility
Average
1004

OFFICE OF THE CITY MANAGER/EXECUTIVE DIRECTOR
65 Civic Avenue
Pittsburg, CA 94565
TO: Chair and Governing Board Members
FROM: Garrett Evans, Executive Director
SUBJECT: Adoption of a Successor Agency Minute Order Approving the July 1, 2023 – June 30, 2024 Recognized Obligation Payment Schedule MEETING DATE: January 17, 2023

EXECUTIVE SUMMARY
The Successor Agency for the Redevelopment Agency of the City of Pittsburg (Successor Agency) has prepared its Recognized Obligation Payment Schedule (ROPS) for the period of July 1, 2023 – June 30, 2024 (ROPS 23-24), pursuant to AB 26x1, also referred to as the “Dissolution Act”.

FISCAL IMPACT
There is no fiscal impact to adopting ROPS 23-24. Rather, ROPS 23-24 identifies the Successor Agency’s anticipated financial obligations for July 1, 2023 – June 30, 2024.

ROPS 23-24 will be reflected in the Successor Agency’s budget that will be considered along with the City’s budget in June 2023 for Fiscal Year 2023-2024.

RECOMMENDATION
Staff recommends that the Successor Agency Governing Board approve ROPS 23-24.

BACKGROUND
On June 29, 2011, the Governor signed into law the Dissolution Act, which automatically suspended redevelopment activities, and on December 29, 2011, the California State Supreme Court upheld the provisions of the Dissolution Act, thereby dissolving all redevelopment agencies on February 1, 2012.

While redevelopment successor agencies may not initiate any new activities nor incur new indebtedness, they are nevertheless required under legislative statute and court order to continue making those payments necessary for day-to-day operations pursuant to contractual commitments/enforceable obligations, regulatory authorities, and indebtedness entered into prior to the enactment of the Dissolution Act. 1005
On June 27, 2012, the Governor signed into law budget trailer bill AB 1484. AB 1484 imposed new requirements on successor agencies with regard to the submittal of the ROPS.

Budget trailer bill SB 107 was approved and signed by the Governor and took immediate effect on September 22, 2015. The primary purpose of SB 107 is to make technical and substantive amendments to the existing Dissolution Act. Health & Safety Code Section 34177, as amended, changed the review of ROPS from semi-annual to annual.

Pursuant to Health and Safety Code Section 34179 (j), on and after July 1, 2018, in each county where more than one oversight board was created, there shall be only one countywide oversight board. As of July 1, 2018, the California Department of Finance (DOF) will only recognize the Contra Costa County Oversight Board (Countywide Oversight Board). The Successor Agency’s ROPS and other actions may not be submitted to the DOF without the Countywide Oversight Board’s approval.

SUBCOMMITTEE FINDINGS
This item was not presented to a subcommittee.

STAFF ANALYSIS
ROPS 23-24 consists of debt service related expenses, administrative expenses, and other eligible enforceable obligation. Staff will submit ROPS 23-24 to the Countywide Oversight Board for its consideration on January 23, 2023. Upon receiving Countywide Oversight Board approval, ROPS 23-24 will be submitted to the DOF, the County Auditor-Controller’s Office, and the California State Controller’s Office on or before February 1, 2023.

ATTACHMENTS: Recognized Obligation Payment Schedule for the period of July 1, 2023 – June 30, 2024
Report Prepared By: Maria M. Aliotti, Assistant City Manager Janielyn Bayona, Finance Division Manager
1006
Recognized Obligation Payment Schedule (ROPS 23-24) - Summary Filed for the July 1, 2023 through June 30, 2024 Period Successor Agency: Pittsburg
County: Contra Costa
Current Period Requested Funding for Enforceable
Obligations (ROPS Detail)
23-24A Total
(July -
December)
23-24B Total
(January -
June)
ROPS 23-24
Total
A Enforceable Obligations Funded as Follows (B+C+D) $ 9,420 $ 9,420 $ 18,840 B Bond Proceeds - - -
C Reserve Balance - - -
D Other Funds 9,420 9,420 18,840
E Redevelopment Property Tax Trust Fund (RPTTF) (F+G) $ 15,334,667 $ 16,475,501 $ 31,810,168 F RPTTF 15,133,625 16,274,460 31,408,085
G Administrative RPTTF 201,042 201,041 402,083
H Current Period Enforceable Obligations (A+E) $ 15,344,087 $ 16,484,921 $ 31,829,008 Certification of Oversight Board Chairman:

Name Title
Pursuant to Section 34177 (o) of the Health and Safety
code, I hereby certify that the above is a true and
accurate Recognized Obligation Payment Schedule for
the above named successor agency. /s/
Signature Date
1007
Pittsburg
Recognized Obligation Payment Schedule (ROPS 23-24) - ROPS Detail July 1, 2023 through June 30, 2024

A B C D E F G H I J K L M N O P Q R S T U V W
Item
# Project Name Obligation
Type
Agreement
Execution
Date
Agreement
Termination
Date
Payee Description Project
Area
Total
Outstanding
Obligation
Retired ROPS
23-24 Total
ROPS 23-24A (Jul - Dec)
23-24A
Total
ROPS 23-24B (Jan - Jun)
23-24B
Total
Fund Sources Fund Sources
Bond
Proceeds
Reserve
Balance
Other
Funds RPTTF Admin
RPTTF
Bond
Proceeds
Reserve
Balance
Other
Funds RPTTF Admin
RPTTF
$220,900,718 $31,829,008 $- $- $9,420 $15,133,625 $201,042 $15,344,087 $- $- $9,420 $16,274,460 $201,041 $16,484,921 2 TAB 1999 Bonds
Issued On or
Before 12/
31/10
11/03/
1999
09/01/2030 Bank of
New York
Mellon
Trust
Company
N.A. 100
Pine
Street,
Suite
3100 San
Francisco,
CA 94111
debt service
(Interest &
principal)
822-41272-2303/
2304 (TAB 1999)
Los
Medanos
54,085,000 N $- - - - - - $- - - - - - $-
3 TAB 1999 Fees 11/03/
1999
09/01/2030 Bank of
New York
Mellon
Trust
Company
N.A. 100
Pine
Street,
Suite
3100 San
Francisco,
CA 94111
debt service
fiscal agent fees
822-41272-2318
(TAB 1999)
Los
Medanos
- N $- - - - - - $- - - - - - $-
10 HSG TAB
06A
Bonds
Issued On or
Before 12/
31/10
12/14/
2006
09/01/2037 Bank of
New York
Mellon
Trust
Company
N.A. 100
Pine
Street,
Suite
3100 San
Francisco,
CA 94111
debt service
(Interest &
Principal)
844-41284-2303/
2304 (HSG
2006A)
Los
Medanos
9,096,213 N $180,043 - - - - - $- - - - 180,043 - $180,043 11 HSG TAB
06A
Fees 12/14/
2006
09/01/2037 Bank of
New York
Mellon
Trust
Company
N.A. 100
Pine
Street,
Suite
3100 San
Francisco,
debt service
fiscal agents/
PFM Invest
844-41284-2318
(HSG 2006A)
Los
Medanos
36,606 N $2,142 - - 1,071 - - $1,071 - - 1,071 - - $1,071 1008

A B C D E F G H I J K L M N O P Q R S T U V W
Item
# Project Name Obligation
Type
Agreement
Execution
Date
Agreement
Termination
Date
Payee Description Project
Area
Total
Outstanding
Obligation
Retired ROPS
23-24 Total
ROPS 23-24A (Jul - Dec)
23-24A
Total
ROPS 23-24B (Jan - Jun)
23-24B
Total
Fund Sources Fund Sources
Bond
Proceeds
Reserve
Balance
Other
Funds RPTTF Admin
RPTTF
Bond
Proceeds
Reserve
Balance
Other
Funds RPTTF Admin
RPTTF
CA 94111
27 Prefund
August debt
service of
Senior &
Housing
Bonds (1999,
2014 &
Housing
Bonds)
Bonds
Issued On or
Before 12/
31/10
11/03/
1999
09/01/2030 Bank of
New York
Mellon
Trust
Company
N.A. 100
Pine
Street,
Suite
3100 San
Francisco,
CA 94111
Prefund senior &
housing bonds
debt service to
fiscal agent
(1999, & 2014
TABS & 2016A
Hsg & 2006A
HSG bonds)
Balance
Calendar Yr
2018
Los
Medanos
13,307,480 N $13,307,480 - - - - - $- - - - 13,307,480 - $13,307,480 62 utilities-gas Property
Maintenance
07/01/
2018
06/30/2019 PG&E Successor
Agency
programs
(properties
owned)
801-41370-1391
Los
Medanos
- N $- - - - - - $- - - - - - $-
63 utilities-
electric
Property
Maintenance
07/01/
2018
06/30/2019 PG&E Successor
Agency
programs
(properties
owned)
801-41370-1392
Los
Medanos
- N $- - - - - - $- - - - - - $-
68 maintenance
& repairs
Property
Maintenance
07/01/
2018
06/30/2019 TBD Successor
Agency
programs
(properties
owned)
801-41370-2219
Los
Medanos
- N $- - - - - - $- - - - - - $-
69 property tax Property
Maintenance
07/01/
2018
06/30/2019 Contra
Costa Tax
Assessor
Successor
Agency
programs
(properties
owned)
801-41372-2361
Los
Medanos
- N $- - - - - - $- - - - - - $-
71 1999 RDA
Bonds
Fees 11/03/
1999
09/01/2030 BLX
Group
LLC Dept
34461 PO
Box
39000
San
Francisco,
CA 94139
BLX Payments
administrative
fees-Fund 822
Los
Medanos
27,477 N $3,090 - - 1,545 - - $1,545 - - 1,545 - - $1,545 81 utilities-water Property
Maintenance
07/01/
2018
06/30/2019 City of
Pittsburg
Water
Dept.

Successor
Agency
programs
(properties
owned)
Los
Medanos
- N $- - - - - - $- - - - - - $-
1009

A B C D E F G H I J K L M N O P Q R S T U V W
Item
# Project Name Obligation
Type
Agreement
Execution
Date
Agreement
Termination
Date
Payee Description Project
Area
Total
Outstanding
Obligation
Retired ROPS
23-24 Total
ROPS 23-24A (Jul - Dec)
23-24A
Total
ROPS 23-24B (Jan - Jun)
23-24B
Total
Fund Sources Fund Sources
Bond
Proceeds
Reserve
Balance
Other
Funds RPTTF Admin
RPTTF
Bond
Proceeds
Reserve
Balance
Other
Funds RPTTF Admin
RPTTF
801-41370-1394
105 2014 RDA
Refunded
Bonds
Refunding
Bonds
Issued After
6/27/12
07/01/
2014
12/01/2029 Bank of
New York
Mellon
Trust
Company
N.A. 100
Pine
Street,
Suite
3100 San
Francisco,
CA 94111
debt service
(Interest &
Principal)
833-41285-2303/
04 (TAB 2014)
Los
Medanos
15,336,125 N $386,125 - - - - - $- - - - 386,125 - $386,125 107 2014 RDA
Refunded
Bonds
Fees 06/25/
2014
12/01/2029 Bank of
New York
Mellon
Trust
Company
N.A. 100
Pine
Street,
Suite
3100 San
Francisco,
CA 94111
debt service
fiscal agent fees/
PFM Investment
833-41280-2318
(TAB 2014)
15,785 N $2,060 - - 1,030 - - $1,030 - - 1,030 - - $1,030 109 2014 RDA
Refunded
Bonds
Fees 06/25/
2014
12/01/2029 BLX
Group
LLC Dept
34461 PO
Box
39000
San
Francisco,
CA 94139
Payment for
Disclosre and
Arbitrage
calculation
services
Los
Medanos
23,677 N $3,090 - - 1,545 - - $1,545 - - 1,545 - - $1,545 111 Administration Admin Costs 07/01/
2018
06/30/2019 City of
Pittsburg
Administration
801-41202-xxxx
Various
Administrative
Costs
Los
Medanos
402,083 N $402,083 - - - - 201,042 $201,042 - - - - 201,041 $201,041 118 HSG TAB
2016A
Refunding
Refunding
Bonds
Issued After
6/27/12
02/10/
2016
12/31/2030 Bank of
New York
Mellon
Trust
Company
N.A. 100
Pine
Street,
Suite
3100 San
Francisco,
CA 94111
debt service
(Interest &
Principal)
845-41278-2303/
2304 (HSG
2016A
Refunding Bond)
6,742,644 N $146,312 - - - - - $- - - - 146,312 - $146,312 1010

A B C D E F G H I J K L M N O P Q R S T U V W
Item
# Project Name Obligation
Type
Agreement
Execution
Date
Agreement
Termination
Date
Payee Description Project
Area
Total
Outstanding
Obligation
Retired ROPS
23-24 Total
ROPS 23-24A (Jul - Dec)
23-24A
Total
ROPS 23-24B (Jan - Jun)
23-24B
Total
Fund Sources Fund Sources
Bond
Proceeds
Reserve
Balance
Other
Funds RPTTF Admin
RPTTF
Bond
Proceeds
Reserve
Balance
Other
Funds RPTTF Admin
RPTTF
119 2016A RDA
Refunding
Bonds
Refunding
Bonds
Issued After
6/27/12
02/10/
2016
12/31/2030 Bank of
New York
Mellon
Trust
Company
N.A. 100
Pine
Street,
Suite
3100 San
Francisco,
CA 94111
debt service
(Interest &
Principal)
834-41281-2303/
2304 (2016A
Refunding Bond)
121,753,125 N $17,388,125 - - - 15,133,625 - $15,133,625 - - - 2,254,500 - $2,254,500 122 HSG TAB
2016A
Refunding
Bonds
Fees 02/10/
2016
12/31/2030 BLX
Group
LLC Dept
34461 PO
Box
39000
San
Francisco,
CA 94139
Payment for
Disclosre and
Arbitrage
calculation
services
845-41278-2318
7,892 N $1,030 - - 515 - - $515 - - 515 - - $515
123 2016A RDA
Refunding
Bonds
Fees 02/10/
2016
12/31/2030 BLX
Group
LLC Dept
34461 PO
Box
39000
San
Francisco,
CA 94139
Payment for
Disclosre and
Arbitrage
calculation
services
834-41281-2318
11,839 N $1,546 - - 773 - - $773 - - 773 - - $773
126 HSG TAB
2016A
Refunding
Bonds
Fees 02/10/
2016
12/31/2030 Bank of
New York
Mellon
Trust
Company
N.A. 100
Pine
Street,
Suite
3100 San
Francisco,
CA 94111
Debt Service
Fiscal Agent
Fees
845-41278-2318
37,173 N $4,852 - - 2,426 - - $2,426 - - 2,426 - - $2,426 127 2016A RDA
Refunding
Bonds
Fees 02/10/
2016
12/31/2030 Bank of
New York
Mellon
Trust
Company
N.A. 100
Pine
Street,
Suite
3100 San
Debt Service
Fiscal Agent
Fees
834-41281-2318
- N $- - - - - - $- - - - - - $-
1011

A B C D E F G H
ROPS 20-21 Cash Balances
(07/01/20 - 06/30/21)
Fund Sources
Comments
Bond Proceeds Reserve Balance Other Funds RPTTF
Bonds issued
on or before
12/31/10
Bonds issued
on or after
01/01/11
Prior ROPS
RPTTF and
Reserve
Balances retained
for future
period(s)
Rent, grants,
interest, etc.

Non-Admin
and Admin

1 Beginning Available Cash Balance (Actual 07/01/20)
RPTTF amount should exclude "A" period distribution
amount.
1,469,295 12,738,913 653,218 10,325
2 Revenue/Income (Actual 06/30/21)
RPTTF amount should tie to the ROPS 20-21 total
distribution from the County Auditor-Controller
40,871 4,462 50,504 33,359,487
3 Expenditures for ROPS 20-21 Enforceable Obligations
(Actual 06/30/21)
342 4,462 454,684 33,191,161
4 Retention of Available Cash Balance (Actual 06/30/21) RPTTF amount retained should only include the amounts
distributed as reserve for future period(s)
1,509,824 12,738,913 184,156 10,325
5 ROPS 20-21 RPTTF Prior Period Adjustment
RPTTF amount should tie to the Agency's ROPS 20-21 PPA
form submitted to the CAC
No entry required
6 Ending Actual Available Cash Balance (06/30/21)
C to F = (1 + 2 - 3 - 4), G = (1 + 2 - 3 - 4 - 5)
$- $- $- $64,882 $168,326
1013
Pittsburg
Recognized Obligation Payment Schedule (ROPS 23-24) - Notes July 1, 2023 through June 30, 2024
Item # Notes/Comments
2 3
10 11
27 62
63 68
69 71
81 105
107
109
111
118
119
122
123
126
127
131
1014

OFFICE OF THE CITY MANAGER/EXECUTIVE DIRECTOR
65 Civic Avenue
Pittsburg, CA 94565
TO: Mayor and Council Members
FROM: Garrett Evans, City Manager
SUBJECT: Adoption of a City Council Resolution Authorizing the City Manager to Negotiate and Execute a Site Lease Agreement with DISH Wireless, LLC
MEETING DATE: January 17, 2023

EXECUTIVE SUMMARY
Staff is negotiating a Site Lease Agreement between the City of Pittsburg and DISH Wireless, LLC (DISH) for access to City property located at 2280 Southwood Drive in Pittsburg for placement of wireless equipment on an existing PG&E-owned tower.

FISCAL IMPACT
Approval of this Site Lease will generate a base rent up to $2,000 per month for up to 25 years with an annual escalation of 3% throughout the lifetime of the Site Lease, and a one- time signing bonus of $4,000.

RECOMMENDATION
City Council adopt a resolution authorizing the City Manager to Negotiate and Execute Site Lease Agreement with DISH.

BACKGROUND
DISH submitted a project proposing installation of wireless equipment at 2280 Southwood Drive (APN 093-340-039). The site is currently occupied with a PG&E-owned tower on which DISH proposes to collocate the equipment. PG&E acquired an easement for locating this tower (see Exhibit C-2 of Attachment 2) from the City. City staff is negotiating the following key terms in the Site Lease with DISH:

1. Base rent of $2,000 per month

2. Annual escalation of 3% throughout the lifetime of the Site Lease

3. One-time lease signing bonus of $4,000

4. Original term of five years that automatically renews up to four times for 5-year periods each renewal, ending in 2047
1015

5. DISH may not sublease or otherwise permit any third party to access, use or occupy the premises without the City’s prior written consent

6. If DISH elects to terminate this Agreement for any or no reason except (i) changes in Applicable Law which prohibit DISH’s ability to operate DISH’s Communications Facility at the Premises or (ii) DISH, in its sole discretion, determines that DISH’s Permitted Use of the Premises is obsolete, DISH shall include with its termination notice a lump sum payable to Landlord equal to the then-current Rent multiplied by either 12 or the number of months remaining on the Term (whichever is less).

SUBCOMMITTEE FINDINGS
This item was not presented to a subcommittee.

STAFF ANALYSIS
Staff worked with Telecom Law Firm to develop and negotiate the proposed terms of this Site Lease. DISH is preparing to launch its network in 2023, and is in the process of installing approximately 100,000 sites in the United States. DISH’s proposal to locate equipment on and access the PG&E-owned tower at 2280 Southwood Drive represents a long-term partnership that will provide coverage in Pittsburg for many purposes including public safety.

Staff has reviewed similar site lease agreements from other cities and for a location with two landlords (municipality and PG&E), this lease is slightly above average in compensation.

Factors that influenced the rate include: Pittsburg’s population and density relative to other facilities; maturity of the wireless carrier relative to others like Verizon, AT&T, and T-Mobile; and number of landlords requiring rental payments.

ATTACHMENT: Resolution
Report Prepared By: Sara Bellafronte, Assistant to the City Manager 1016
Resolution No. 23- 1 January 17, 2023

BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG
In the Matter of:

Authorizing the City Manager to Negotiate and )
Execute a Site Lease Agreement with DISH ) RESOLUTION NO. 23- Wireless, LLC )

WHEREAS, DISH Wireless, LLC (DISH) submitted a project requesting access to City-owned property at 2280 Southwood Drive (APN 093-340-039) for installation of wireless equipment; and
WHEREAS, 2280 Southwood Drive is currently occupied with a PG&E-owned tower on which DISH proposes to collocate the equipment; and
WHEREAS, DISH is preparing to launch its network in 2023, and is in the process of installing approximately 100,000 sites in the United States that will provide coverage in Pittsburg for many purposes including public safety; and WHEREAS, staff worked with Telecom Law Firm to develop and negotiate the terms of this Site Lease Agreement and based on Pittsburg’s population, density, and maturity of DISH relative to other carriers, and number of landlords requiring payment for the location of wireless equipment, the proposed lease rate is slightly above average for other like leases.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pittsburg hereby authorizes the City Manager to negotiate and execute a Site Lease Agreement with DISH Wireless, LLC.

PASSED AND ADOPTED by the City Council of the City of Pittsburg, at a regular meeting on the 17th day of January 2023, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:
_____________________________
Shanelle Scales-Preston, Mayor
ATTEST:
___________________________
Alice E. Evenson, City Clerk
1017

OFFICE OF THE CITY MANAGER/EXECUTIVE DIRECTOR
65 Civic Avenue
Pittsburg, CA 94565
TO: Mayor and Council Members
FROM: Garrett Evans, City Manager
SUBJECT: Adoption of a City Council Resolution Allocating Funds to Reimburse Seecon Financial & Construction Co., Inc. for Infrastructure Costs incurred Related to Community Facilities District 2009-01, San Marco (“CFD 2009-01”)
MEETING DATE: December 19, 2022

EXECUTIVE SUMMARY
The City established CFD 2009-01 to help fund public improvements in the San Marco development that the developer, Seecon Financial & Construction Co., Inc. dba Discovery Builders (“Developer”), builds on behalf of the City. The Developer is seeking reimbursement for eligible expenses in the amount of $6,695,799. The CFD 2009-01 has $1,698,000 in the fund. The proposed resolution will authorize the use of $1,500,000 to reimburse the Developer and pay the City for administrative expenses in the amount of $22,500.

FISCAL IMPACT
CFD 2009-01 Fund has a current available balance of $1,698,000. The proposed resolution will reimburse the Developer $1,500,000 and the City $22,500. Approval of the proposed payment will leave a balance of $175,500 in the CFD 2009-01 Fund.

RECOMMENDATION
Approve the attached resolution to reimburse the Developer in the amount of $1,500,000 for CFD 2009-01 eligible public improvement expenses and the City’s administrative expenses in the amount of $22,500.

BACKGROUND
On December 21, 2009, the City Council established CFD 2009-01 for the purpose of financing certain authorized public capital facilities (the “Facilities”) within CFD 2009-01 as set forth in the Resolution of Formation No. 09-11366 and the Resolution deeming it necessary to incur bonded indebtedness No. 09-11367. Both resolutions were adopted by the City Council on December 21, 2009.
1018
At the request of the property owner, the City Council initiated annexation proceedings to annex certain territory in the City to the CFD 2009-01 by adopting a Resolution of Intention to Annex Territory to Community Facilities District 2009-01 (San Marco) and to Levy a Special Tax in such Territory and Approving Annexation Map No. 1 on January 18, 2011.

CFD 2009-01 was formed in accordance with the terms of the Development Agreement between the City of Pittsburg and Developer and pursuant to the Mello Roos Act. The Facilities authorized to be acquired and constructed in and for CFD 2009-01 include various public infrastructure improvements such as street improvements, street lighting, public landscaping, traffic signals, sound walls, joint utility mains, storm drains, water facilities, sewer facilities, etc. In accordance with State law, public improvements may be financed in and for CFD 2009-01 to be funded by the special tax levied on both residential and non- residential property within CFD 2009-01 boundaries, including any territory annexed thereto.

The special tax may fund the Facilities directly and may also pay debt service on bonds issued to finance the Facilities as well as costs incurred to form CFD 2009-01.

SUBCOMMITTEE FINDINGS
This item was reviewed by the Finance Subcommittee on December 16, 2022.

STAFF ANALYSIS
In fiscal year 2014/15, funds in the amount of $1,588,757 were paid to the Developer and $23,831 to the City for administration costs incurred for the design and construction of West Leland Road IIA project improvements.

In fiscal years 2017/18 through 2019/20, funds in the amount of $3,824,499.27 were paid to the Developer and $57,367 to the City for administration costs incurred for the design and construction of Subdivision 8519, San Marco Unit 6.

In fiscal years 2019/20 through 2021/22, funds in the amount of $2,338,981 were paid to the Developer and $35,085 to the City for administration costs incurred for the design and construction of West Leland Road IIB.

On October 27,2022, staff received two invoices totaling $6,695,799 from the Developer for Acquisition Improvement Reimbursements No. 4 in the amount of $2,587,592 and No. 5 in the amount of $4,108,207 for costs incurred to build public improvements in CFD 2009-01.

As described in the attached memorandum from the City Engineer, staff reviewed the invoices and determined that the improvements had been constructed to the City’s standards and the reimbursement requests were consistent with the City’s Agreement with the Developer.

Funding is available to reimburse the Developer for CFD 2009-01 public improvement expenses in the amount of $1,500,000 and the City’s administrative expenses in the amount of $22,500, leaving a balance due when tax assessment funds become available, which amounts to $5,195,799 to the Developer and an additional $77,937 to the City for administration. The Developer will continue to complete the infrastructure improvements and will submit an invoice in the future for improvements still to be completed. 1019
ATTACHMENTS: Resolution
City Engineer’s Approval of $6,695,799 in Payment of Funds from CFD 2009-01
Report Prepared By: Janielyn Bayona, Finance Division Manager Reviewed by: Paul Rodrigues, Director of Finance
1020
Resolution No. 22- Page 1 of 1 December 19, 2022

BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG
In the Matter of:

Allocating Funding from the CFD 2009-01 )
Fund to Reimburse Developer for Public ) RESOLUTION NO. 22- Improvement Expenses and the City’s )
Administrative Expenses )
WHEREAS, on December 21, 2009, the Pittsburg City Council established Community Facilities District 2009-01, San Marco (“CFD 2009-01”); and WHEREAS, prior to forming CFD 2009-01, the City of Pittsburg entered into a Deposit and Reimbursement Agreement (“Agreement”) with the San Marco property owner and developer, Seecon Financial & Construction Co., Inc. dba Discovery Builders (“Developer”) that requires the City to reimburse the Developer for public improvements constructed in the San Marco development from tax proceeds collected from CFD 2009-01; and WHEREAS, the Developer incurred $6,695,799 in eligible expenses to construct public improvements in CFD 2009-01 and is seeking reimbursement of such expenses; and WHEREAS, CFD 2009-01 has a current available fund balance of $1,698,000 to partially reimburse the Developer in the amount of $1,500,000 and reimburse the City in the amount of $22,500 for administrative expenses, leaving $5,195,799 due for reimbursement to the developer and $77,937 for City administration when tax assessment funds become available.

NOW, THEREFORE BE IT RESOLVED that the City Council approves reimbursing $1,500,000 to the Developer for CFD 2009-01 public improvement expenses and $22,500 to the City for administrative expenses.

PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 19th day of December 2022, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:

Shanelle Scales-Preston, Mayor
ATTEST:

Alice E. Evenson, City Clerk
1021
1022
1023
1024
1025
1026
1027
1028
1029

EXECUTIVE SUMMARY
On December 12, 2022, the City Council introduced and waived further reading of an Ordinance amending Pittsburg Municipal Code (PMC) Title 2 to be consistent with the Handbook for City Advisory Bodies adopted by the City Council on November 7, 2022. This will adopt the Ordinance.

FISCAL IMPACT
There is no fiscal impact associated with adoption of the ordinance.

RECOMMENDATION
City Council adopt the Ordinance amending PMC Title 2 of the Pittsburg Municipal Code.

BACKGROUND
This item was introduced and further reading of the Ordinance was waived amending PMC Title 2 related to the City’s Commissions.

SUBCOMMITTEE FINDINGS
An ad hoc committee of the City Council worked with the City Clerk, City Attorney and Commission liaison staff to review the current handbook. The subcommittee agreed that after adoption of the revised Handbook, an amendment to the Municipal Code would be necessary.
1030

STAFF ANALYSIS
After introduction of an ordinance, the City Council approves the action by adopting the ordinance by a majority vote at the next meeting. The ordinance becomes effective 30 days after the date of its adoption.

ATTACHMENT: Ordinance
Report Prepared By: Alice E. Evenson, City Clerk
1031
Ordinance No. 22-1504 Page 1 of 4 January 17, 2023

BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG
In the Matter of:

Amending Title 2 of the Pittsburg Municipal )
Code to Revise Requirements and Terms ) ORDINANCE NO. 22-1504 and Appointments to City Commissions )

The Pittsburg City Council DOES ORDAIN as follows:

WHEREAS, advisory bodies play an important role in City governance by assisting the City Council in addressing specific issues in detail, and providing a conduit for information between the public and the City Council; and WHEREAS, currently, the advisory bodies include the Community Advisory Commission, Historic Resources Commission, Housing Authority governing board, Planning Commission, Measure M/P Citizen Oversight Committee, Youth Advisory Commission and Sister Cities Committee; and
WHEREAS, the roles and responsibilities of each advisory body are set forth in the Pittsburg Municipal Code, and City Council resolution, and are subject to state law; and WHEREAS, on November 7, 2022, the City Council by resolution adopted a Handbook for City Advisory Bodies as a training and guidance document for the City’s advisory bodies; and
WHEREAS, the Planning Commission, Community Advisory Commission and Youth Advisory Commission are subject to bylaws adopted by the City Council to govern their meetings and activities.

NOW, THEREFORE, the City Council of the City of Pittsburg Does ORDAIN as follows:
(new language in bold italic, deleted language in strikethrough) Section 1. Amendment. Section 2.04.060 of the Pittsburg Municipal Code is hereby amended as follows:

2.04.060 City commissions – Appointment – Removal from office of city commissioners – Conduct of business of city commissions.

A. Commission appointments shall be made by the city council. Unless the appointment involves filling a vacancy, the term of a newly appointed commissioner shall begin on July 1st, except that the term of a newly appointed planning commissioner shall begin on the date of the second regular meeting in March. The city council may remove, at its pleasure, any commissioner during his/her term of office, by a majority vote of the city council.
1032
Ordinance No. 22-1504 Page 2 of 4 January 17, 2023
B. Commissioners who have reached their term limits, who resign or are removed from a commission by the city council must wait one two years before seeking reappointment to the same commission. The city council may adopt, by resolution, guidelines and requirements for the conduct of commission business.

Section 2. Amendment. Section 2.40.020 of the Pittsburg Municipal Code is hereby amended as follows:

2.40.020 Membership.

The city planning commission shall consist of seven voting members and three ex officio members, as follows:

A. The voting members of the city planning commission shall be appointed by the city council and shall be residents of the city;
B. No city officer, official, employee or member of the city council shall be appointed as a voting member of the planning commission;
C. The city planner, city attorney and city engineer shall be ex officio members of the planning commission and shall serve as members thereof during their official tenure; D. A planning commissioner shall serve no more than four consecutive, two-year terms in office. If a commissioner has completed four consecutive terms, then the commissioner is not eligible for reappointment to the planning commission until one year has passed; however, if a commissioner has served six years or less at the time their current term expires, then they are eligible for reappointment;
The term of office for members is four years. Members shall not serve more than two consecutive four-year terms. Members who have served six years or less at the time their terms expire are eligible for reappointment. After a member’s second consecutive term expires, there must be at least a two-year break before that member may be appointed to the planning commission. The city council may reappoint members if there are no other applicants or if the council has already considered the current applicants and determined to reappoint a member whose term has exceeded the term limits.

E. Notwithstanding the term limits contained herein, if a commissioner’s term has expired or is expiring and there is an insufficient number of applicants to fill all vacant seats on the commission, the city council shall be entitled, in its discretion, to reappoint one or more commissioners who would otherwise be ineligible to reapply under subsection (D) of this section. Nothing in this section shall require a commissioner to accept reappointment.

Section 3. Amendment. Section 2.50.020 is hereby amended as follows:

A. The commission shall consist of seven voting members selected from any sector of the city. All commissioners shall be appointed by and serve at the pleasure of the city council. 1033
Ordinance No. 22-1504 Page 3 of 4 January 17, 2023
B. All candidates for membership shall be registered voters residents in the city and shall not be a current officeholder. The commissioners should be representative of the community as a whole, as determined by the city council.

C. A community advisory commissioner shall serve no more than four, consecutive, two- year terms in office. If a commissioner has completed four terms, the commissioner is not eligible for reappointment to the community advisory commission until after one year has passed.

The term of office for members is four years. Members shall not serve more than two consecutive four-year terms. Members who have served six years or less at the time their terms expire are eligible for reappointment. After a member’s second consecutive term expires, there must be at least a two-year break before that member may be appointed to the community advisory commission. The city council may reappoint members if there are no other applicants or if the council has already considered the current applicants and determined to reappoint an existing member whose term has exceeded the term limits.

D. If a commissioner is appointed to a vacant seat and serves less than two years of the unexpired seat, the appointed commissioner shall be eligible to serve two additional four- year terms in addition to completing the term of the vacant seat the appointed commissioner fills.

E. Notwithstanding the term limits contained herein, if a commissioner’s term has expired or is expiring and there is an insufficient number of applicants to fill all vacant seats on the commission, the city council shall be entitled, in its discretion, to reappoint one or more commissioners who would otherwise be ineligible to reapply under subsection (C) of this section. Nothing in this section shall require a commissioner to accept reappointment.

Section 4. Amendment. Section 2.50.050 is hereby amended to read as follows:

2.50.050 Meetings.

Meetings of the commission generally shall be conducted held no less than 10 days during a calendar year and are generally conducted once each month at a city facility unless an alternate location is selected. Agendas shall be prepared by city staff and shall be properly posted and noticed as prescribed by law. Commission members shall attend all meetings or notify staff if they are unable to attend.

Section 5. Effective Date. This Ordinance shall be in full force and effect thirty (30) days after its adoption.

Section 6. Severability. If any section, subdivision, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions.

Section 7. Publication. The ordinance shall be posted and published in accordance with the California Government Code.
1034
Ordinance No. 22-1504 Page 4 of 4 January 17, 2023
The foregoing ordinance was introduced at a meeting of the City Council of the City of Pittsburg held on December 12, 2022, and was adopted and ordered published at a meeting of the City Council held on January 17, 2023, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:
________________________________
Shanelle Scales-Preston, Mayor
ATTEST:
______________________________
Alice E. Evenson, City Clerk
1035

EXECUTIVE SUMMARY
A digital signature policy would authorize the use of digital signatures to transact specified City business, which would expedite transactions, increase productivity, and reduce the burdens associated with obtaining manual or “wet” signatures.

FISCAL IMPACT
Costs for software for digital signatures are expected to be covered through existing systems, the pending Enterprise Resource Planning tools, or would be an added expenditure for licenses for software. It is anticipated the City will save costs for postage and overnight delivery of documents with wet signatures.

RECOMMENDATION
Adopt the Resolution establishing a digital signature policy.

BACKGROUND
The use of digital signatures by public agencies is allowed by California’s Uniform Electronic Transactions Act (Civil Code Sections 1633.1 et seq.) and Government Code Section 16.5 in the place of manual or “wet” signatures for public agency documents, with limited exceptions
The Policy establishes that digital signatures are valid and effective on City records and documents so long as specified requirements regarding the security and integrity of electronic signatures are met. The Policy incorporates the requirements of Government Code Section 16.5: The digital signature must be 1) unique to the person using it; 2) capable of verification, 3) under the sole control of the person using it, 4) linked to data in such manner that if the data are changed, the digital signature is invalidated, and 5) conforms to the regulations established by the Secretary of State. 1036
The Secretary of State regulations require that a public entity must use a technology determined by the State of California to be acceptable for use. The regulations further require the public entity to ensure that the level of security used to identify the signer of the document is sufficient for the transaction being conducted, the level of security used to transmit the signature is sufficient, the signature is created by an acceptable technology, and that if a certificate is required, the format used by the signer is sufficient for the security and interoperability needs of the public entity.

SUBCOMMITTEE FINDINGS
The item was not brought to a subcommittee.

STAFF ANALYSIS
The use of digital signatures is expected to increase City productivity by eliminating the need for physical circulation of documents for various signatures, and the time for mail and delivery of hard copies.

ATTACHMENTS:

Resolution
Electronic Signature Policy
Report Prepared By: Donna Mooney, City Attorney
1037
Resolution No. 22- Page 1 of 1 December 19, 2022

BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG
In the Matter of:

Establishing a Digital Signature Policy ) RESOLUTION NO. 22- WHEREAS, the use of digital signatures is allowed by California’s Uniform Electronic Transactions Act (Civil Code Sections 1633.1 et seq.) and Government Code Section 16.5 in the place of manual or “wet” signatures for public agency documents, with limited exceptions; and
WHEREAS, the use of digital signatures is expected to streamline document review and execution, minimize the inefficient routing and mailing of physical documents, and improve City productivity; and
WHEREAS, the City seeks to establish a policy setting forth the requirements for the use of digital signatures consistent with State law.

NOW, THEREFORE BE IT RESOLVED that the City Council hereby establishes the Digital Signature Policy set forth in the attachment to this Resolution.

PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 19th day of December, 2022, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:

Shanelle Scales-Preston, Mayor
ATTEST:

Alice E. Evenson, City Clerk
1038

CITY OF PITTSBURG

DIGITAL SIGNATURE POLICY
This Policy establishes the requirements for the use of digital signatures in place of manual or “wet” signatures. This Policy is intended to enable the City to use digital signatures to the fullest extent allowed by law and does not limit the City’s ability to use digital signatures except as set forth below. Nothing in this Policy shall prevent the use of wet-ink signatures. The City cannot require any third party to use a digital signature.

In any written transaction or communication with the City where a signature is required, any party may use a digital signature provided it complies with the requirements of this Policy, the Uniform Electronic Transactions Act (Civil Code Sections 1633.1 et seq.) and Government Code Section 16.5. This Policy does not supersede laws that require a handwritten signature.

To the extent allowed by law, the City accepts digital signatures as legally binding and equivalent to handwritten signatures to signify agreement.

For the purposes of this policy, “Digital signature” means an electronic identifier, created by computer, intended by the party using it to have the same force and effect as the use of a manual signature.

The parties to a City transaction must agree to conduct the transaction by electronic means with the use of a City-approved digital signature method that complies with applicable laws and regulations. Consistent with Government Code Section 16.5, the digital signature must be: 1) unique to the person using it; 2) capable of verification, 3) under the sole control of the person using it, 4) linked to data in such manner that if the data are changed, the digital signature is invalidated, and 5) in conformance with the regulations established by the Secretary of State. The City Manager is authorized to determine the particular technologies or vendors that satisfy state law. Staff should consult with the City Attorney to determine whether the law allows a digital signature to be used if not addressed in the list below.

This policy does not preclude the use of signature images (e.g., a scanned version of a signature placed in a document or other non-wet ink signatures applied via a PDF document reader) for non-legally binding or ceremonial documents as approved by the City Manager.

ALLOWED:

Digital signatures are acceptable on the following documents:

1. Ordinances and Resolutions

2. Contracts, including but not limited to contracts for goods and general services, contracts for public works projects, contracts for consulting services, contract amendments, purchase orders, outside counsel agreements, bidders list applications
1039

3. Proposals in response to City Requests for Proposals

4. Settlement Agreements

5. Routine personnel transactions including but not limited to employment applications, personnel action forms, benefits elections, employment agreements, performance reviews

6. Reimbursement forms/agreements

7. Permits and Permit Applications including but not limited to Special Events

8. Requests for Appeal

9. Public records requests

10.Applications for appointment to commission or board

11.Other documents as approved by the City Manager
PROHIBITED:

Digital signatures are prohibited on the following documents:

1. Bonds including but not limited to labor and materials bonds, performance bonds

2. Real property purchase and sale agreements, grant deeds, quitclaim deeds, deeds of trust, and promissory notes.

3. Government claims

4. Documents requiring a notarized signature

5. Transactions requiring handwritten signatures pursuant to state or federal law This Policy was established by City Council Resolution No. 22-____, adopted December 19, 2022.
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OFFICE OF THE CITY MANAGER/EXECUTIVE DIRECTOR
65 Civic Avenue
Pittsburg, CA 94565
TO: Mayor and Council Members
FROM: Garrett Evans, City Manager
SUBJECT: Adoption of a City Council Resolution Allocating ARPA Funds and Approving a Consultant Agreement for an Infrastructure Needs Assessment for Project 1800—Citywide Alternative Fuel Infrastructure and Fleet Vehicle Upgrades
MEETING DATE: January 17, 2023

EXECUTIVE SUMMARY
The 117th United States Congress passed the American Rescue Plan Act of 2021 (ARPA), and President Joe Biden signed it into law on March 11, 2021. The City of Pittsburg’s allotment of ARPA funding totals $16,290,477. The City Council proposed allocations to the various subcommittees, and the Finance Subcommittee prioritized $1,500,000 to be spent on fleet replacement with Electric Vehicle/Hydrogen (EV) emphasis. Project 1800—Citywide EV Infrastructure and Fleet Vehicle Upgrades (the “Project”) is an important step toward complying with the California Air Resources Board (CARB) regulations setting California on a path to reduce climate-warming pollution.

FISCAL IMPACT
Pittsburg received ARPA funds, a portion of which will be used for this project. The proposed consulting services fee for this phase is $106,263 with a 10% contingency of $10,626 for a total consulting services fee of $126,889.

RECOMMENDATION
Staff recommends that the City Council allocate ARPA funds, approve the consulting project budget, and authorize the City Manager to execute a Consultant Services Agreement with ICF Incorporated, L.L.C. for Project 1800—Citywide Alternative Fuel Infrastructure and Fleet Vehicle Upgrades in an amount not to exceed $106,263.

BACKGROUND
The Governor’s Executive Order N-79-20 sets goals for the conversion of vehicle fleets from internal combustion engines (ICE) to zero emission vehicles (ZE). CARB recently issued regulations setting California on a path to reduce climate-warming pollution. The new rules 1041
establish a year-by-year roadmap so by 2035 all the new cars and light trucks sold in California will be ZE vehicles.

To comply with these rules, the City must perform a study and assess its existing infrastructure and improvement needs to accommodate the upcoming fleet transition from ICE to ZE vehicles.

On August 25, 2022, the Request for Proposal (RFP) was distributed to qualified professional consulting firms for an infrastructure needs assessment related to future municipal fleet electrification.

On October 5, 2022, eight (8) consultants submitted proposals. Our three (3) member Consultant Selection Committee reviewed each proposal, evaluated strengths and weaknesses, and independently assigned a weighted score. They then made a short list of firms with top scores and conducted virtual interviews.

On October 26, 2022, follow up virtual interviews were conducted with the short-listed firms.

As the result, ICF Incorporated, L.L.C. was ranked as the most qualified based on the proposal submitted and the interview conducted.

SUBCOMMITTEE FINDINGS
The Finance Subcommittee has identified this type of project for specific funding and allocated $1,500,000 in ARPA funds to support them.

STAFF ANALYSIS
Presently the City has approximately 180 vehicles of various sizes and models as well as several facilities that need to be assessed and analyzed for their ability to support the future ZE fleet.

Prior to the release of the RFP, staff conducted outreach to several qualified consultants.

Upon completing this outreach, the RFP was sent to several firms that had shown interest and were deemed capable of providing consulting services for the Project. The RFP was also shared with the design marketing outreach firm of Integrated Marketing Systems for further distribution within the design services community. In addition, the RFP was posted on the City’s website for interested vendors to review.

ICF Incorporated, L.L.C was ranked as the most qualified based on the proposal submitted and interview conducted. The selection was based on their similar experience with other cities, their staff expertise, and previous history of providing high-quality consulting services to public entities.

ATTACHMENTS: Resolution
Budget Summary
Report Prepared By: Bruce Zaeni, Senior Civil Engineer
1042
Project Budget Summary
Project 1800—Citywide Alternative Fuel Infrastucture and Fleet Vehicle Upgrade Project Funding: American Rescue Plan Act of 2021 (ARPA) $1,500,000 Funding Total $0
Project Expenditures:

Design: Phase 1- Infrastructure Needs Assessment -ICF Incorporated, LLC $106,263 (Code 2122)
Contingency (10%) $10,626
Subtotal $116,889
Staff Project Management $10,000
(Code 1101)
Estimated Total Expenditures $126,889
1043
Resolution No. 23- Page 1 of 2 January 17, 2023

BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG
In the Matter of:

Allocating ARPA Funds and Authorizing ) RESOLUTION NO. 23- Execution of a Consultant Agreement to )
Conduct a Needs Assessment for )
Project 1800—Citywide Alternative Fuel )
Infrastructure and Fleet Vehicle Upgrades )
WHEREAS, the 117th United States Congress passed the American Rescue Plan Act of 2021 (ARPA), and President Biden signed it into law on March 11, 2021; and WHEREAS, the City of Pittsburg’s allotment of ARPA funding totals $16,290,477; and
WHEREAS, on May 9, 2022, as part of the Fiscal Year 2022-23 budget workshop, the City Council proposed ARPA funding allocations to various subcommittees; and WHEREAS, the Finance Subcommittee prioritized $1,500,000 to be spent on fleet replacement with electric vehicle and hydrogen fuel cell emphasis; and WHEREAS, Project 1800—Citywide Alternative Fuel Infrastructure and Fleet Vehicle Upgrades (the “Project”) is an important step toward complying with California Air Resources Board (CARB) regulations setting California on a path to reduce climate- warming pollution; and
WHEREAS, to comply with these regulations, the City must perform a study to assess its existing infrastructure and any improvement needs to accommodate the upcoming fleet transition from internal combustion engine to zero emission vehicles; and WHEREAS, ICF Incorporated, L.L.C. was selected for the Project with a price proposal of $106,263 based on their experience with other needs assessment studies, their staff expertise, and their previous history of providing high-quality design services to public entities; and
WHEREAS, staff estimates the total cost for these consulting services including a 10% contingency to be $116,889; and
WHEREAS, staff requests the City Council allocate ARPA funds to fund the infrastructure needs assessment.
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Resolution No. 23- Page 2 of 2 January 17, 2023 NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby allocates ARPA funds and authorizes the City Manager to execute the agreement with ICF Incorporated, L.L.C. for an infrastructure needs assessment for Project 1800—Citywide Alternative Fuel Infrastructure and Fleet Vehicle Upgrades.

PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 17th day of January 2023, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:
_____________________________
Shanelle Scales-Preston, Mayor
ATTEST:
____________________________
Alice E. Evenson, City Clerk
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OFFICE OF THE CITY MANAGER/EXECUTIVE DIRECTOR
65 Civic Avenue
Pittsburg, CA 94565
TO: Mayor and Council Members
FROM: Garrett Evans, City Manager
SUBJECT: Adoption of a City Council Resolution to Accept Project 5063—Bodega Drive Water System Loop as Complete and Authorize the City Engineer to File a Notice of Completion
MEETING DATE: January 17, 2023

EXECUTIVE SUMMARY
Project 5063—Bodega Drive Water System Loop (the “Project”) constructed a new 8-inch water main to connect an existing 8-inch water main in Bodega Drive to an existing 20-inch water main within a City utility easement. This Resolution will accept the construction contract as complete and authorize the City Engineer to file a Notice of Completion.

FISCAL IMPACT
The Project was funded with $400,000 from the Water Operations Fund (Reso 19-13729 and 22-14125), and it had an approved budget of $400,000.

After payment of all expenditures for design, construction, release of retention, and project close out, staff recommends that all remaining funds be returned to the funding source for use on future projects.

An estimated Project Budget Summary is attached to this staff report.

RECOMMENDATION
Staff recommends that the City Council adopt the attached resolution accepting the Project as complete and authorize the City Engineer to execute a Notice of Completion. Staff also recommends that all unspent funds be returned to the funding source for use on future projects.
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BACKGROUND
On December 16, 2019, the City Council adopted Resolution 19-13729 approving the five- year capital improvement program for Fiscal Years 2019/20 through 2023/24 allocating $300,000 from the Water Operations Fund (Fund 501) to the Project.

On July 18, 2022, the City Council adopted Resolution 22-14125 approving the five-year capital improvement program for Fiscal Years 2022/23 through 2026/27 allocating an additional $100,000 from the Water Operations Fund (Fund 501) to the Project.

On August 15, 2022, the City Council adopted Resolution 22-14157 awarding a construction contract to Gold Coast Pipelines, Inc. in the amount of $116,455.

On October 17, 2022, the Contractor reached substantial completion of the Project, and the one-year warranty period began.

SUBCOMMITTEE FINDINGS
This item was not reviewed by a subcommittee.

STAFF ANALYSIS
The Project created a looped water system for the residents in the Hillsdale subdivision to reduce the number of affected houses in the event of a water shutoff.

During construction there was a total of one contract change order issued in the amount of $5,346.28.

The total anticipated expenditures for the Project are $259,500. After all Project expenditures are paid, the unexpended funds are recommended to be returned to the funding source for use on future projects.

The Project was completed on time and within the budget approved by the City Council.

ATTACHMENTS: Resolution
Budget Summary
Notice of Completion
Report Prepared By: Gabriel Piña, Associate Engineer
1081
Resolution No. 23- Page 1 of 2 January 17, 2023

BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG
In the Matter of:

Adoption of a City Council Resolution )
Accepting Project 5063—Bodega Drive ) RESOLUTION NO. 23- Water System Loop as Complete and )
Authorizing the City Engineer to File a )
Notice of Completion )
WHEREAS, on December 16, 2019, the City Council adopted Resolution 19-13729 approving the five-year capital improvement program for Fiscal Years 2019/20 through 2023/24 allocating $300,000 from the Water Operations Fund (Fund 501) to Project 5063—Bodega Drive Water System Loop (the “Project”); and WHEREAS, on July 18, 2022, the City Council adopted Resolution 22-14125 approving the five-year capital improvement program for Fiscal Years 2022/23 through 2026/27 allocating $100,000 from the Water Operations Fund (Fund 501) to the Project; and
WHEREAS, the Project constructed a new 8-inch water main to connect an existing 8-inch water main in Bodega Drive to an existing 20-inch water main in a city utility easement approximately 190 feet away; and
WHEREAS, on July 25, 2022, bids for construction of the Project opened, and Gold Coast Pipelines, Inc. was the lowest most qualified bidder with a base bid in the amount of $116,455; and
WHEREAS, on August 15, 2022, the City Council adopted Resolution 22-14157 accepting the plans and specifications and awarding a construction contract to Gold Coast Pipelines, Inc. in the amount of $116,455; and
WHEREAS, there was one contract change order in the amount of $5,346.28 for a total contract amount of $121,801.28; and
WHEREAS, on October 17, 2022, the one-year warranty period began; and WHEREAS, the total anticipated expenditures for the Project including design, construction, and staff costs are $259,500, and the estimated remaining balance will be returned to the funding source for use on future projects; and WHEREAS, staff requests that the City Council accept the Project as complete and authorize the City Engineer to file a Notice of Completion. 1082
Resolution No. 23- Page 2 of 2 January 17, 2023
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Pittsburg hereby accepts the Project as complete, and authorizes and directs the City Engineer to execute a Notice of Completion and file said document with the Office of the Recorder of the County of Contra Costa, State of California, within 10 days from the date hereof.

PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 17th day of January 2023 by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:

Shanelle Scales-Preston, Mayor
ATTEST BY:

Alice E. Evenson, City Clerk
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Project Budget Summary
Project 5063—Bodega Drive Water System Loop
Water Operations Fund (501) (2019 Allocations) $300,000 Project Funding: Water Operations Fund (501) (2022 Allocations) $100,000 Funding Total $400,000
Project Expenditures:

Design:
(Code 2122) Consultant Design $61,691
Subtotal $61,691
Miscellaneous:
(Code 1399) Advertising
Subtotal $0
Construction: Base Bid $116,455
(Code 2281) Construction Change Orders $5,346
Subtotal $121,801
Staff Time:
(Code 1101) Salaries/Wages for Design and Construction $38,000 Subtotal $38,000
Administrative
Overhead: Staff Cost During Design and Construction $38,000 (Code 2372) Subtotal $38,000
Estimated Expenditures Total $259,492
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Bodega Drive Water System Loop Project 2022 Form NOTICE OF COMPLETION 2021-45 Page 1
Recording Requested By:

The City of Pittsburg
When Recorded Mail To:

Gabriel Piña, Associate Engineer
65 Civic Avenue
Pittsburg, CA 94565

EXEMPT FROM RECORDING FEES PER
GOVERNMENT CODE § 27383
SPACE ABOVE THIS LINE IS FOR RECORDER’S USE

NOTICE OF COMPLETION
Civil Code §§ 8182, 8184, 9204, and 9208
NOTICE IS HEREBY GIVEN THAT:

1. The undersigned is the agent of the owner of the Project described below.

2. Owner’s full name is The City of Pittsburg (“City”)

3. City’s address is 65 Civic Ave, Pittsburg, CA 94565

4. The nature of City’s interest in the Project is:
__ Fee Ownership __ Lessee _X_ Other:_Utility Easement Owner_

5. Construction work on the Project performed on City’s behalf is generally described as follows: Constructed a new 8-inch water main to connect an existing 8-inch water main in Bodega Drive to an existing 20-inch water main within a City utility easement.

6. The name of the original Contractor for the Project is: Gold Coast Pipelines, Inc. located at 2025 East Leland Road, Pittsburg, CA.

7. The Project was accepted as complete on: January 17, 2023.

8. The Project is located at: The Northeast Corner of 2301 Range Road, Pittsburg, CA.

Verification: In signing this document, I, the undersigned, declare under penalty of perjury under the laws of the State of California that I have read this notice, and I know and understand the contents of this notice, and that the facts stated in this notice are true and correct. __________________________ ________________________________ Date and Place Signature
________________________________
Name and Title

EXEMPT FROM NOTARY ACKNOWLEDGMENT REQUIREMENTS PER
GOVERNMENT CODE § 27287 AND CIVIL CODE § 9208
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OFFICE OF THE CITY MANAGER/EXECUTIVE DIRECTOR
65 Civic Avenue
Pittsburg, CA 94565
TO: Mayor and Council Members
FROM: Garrett Evans, City Manager
SUBJECT: Adoption of a City Council Resolution Making Findings in Support of Continuing to Hold Public Subcommittee Meetings by Teleconference Pursuant to California Government Code Section 54953(e) MEETING DATE:

EXECUTIVE SUMMARY
Assembly Bill 361 (AB 361) amended the Brown Act to allow local legislative bodies to continue to meet remotely during proclaimed states of emergency under specified conditions. Findings must be made every 30 days.

FISCAL IMPACT
There is no fiscal impact to the General Fund by this action.

RECOMMENDATION
The City Council adopt the attached resolution, continue in-person meetings with the exception of subcommittee meetings which will remain virtual.

BACKGROUND
Beginning in March 2020, Governor Newsom issued a series of Executive Orders aimed at containing the novel coronavirus. Among these were Executive Orders—N-25-20 and N-29- 20 (collectively, the “Brown Act Orders”) — that waived requirements in the Brown Act expressly or impliedly requiring the physical presence of legislative body members, staff, or the public at local agency meetings.

On June 11, 2021, the Governor issued Executive Order N-08-21, to begin winding down some of the prior measures that were adopted to respond to COVID-19. Notably, N-08-21 established an end date to the Brown Act Orders, effective September 30, 2021. 1086
On September 16, Governor Newsom signed Assembly Bill 361 which amended the Brown Act to allow local legislative bodies to continue to meet remotely during proclaimed states of emergency under specified conditions and so long as certain findings are made by a majority of the legislative body. As detailed in the attached resolution, findings were made on December 12, 2022, and are effective for 30 days.

SUBCOMMITTEE FINDINGS
This item was not submitted to a subcommittee.

STAFF ANALYSIS
Local legislative bodies such as a city council that wish to continue meeting by teleconference must comply with the requirements of California Government Code Section 54953, which was amended by AB 361.

Specifically, newly amended Government Code Section 54953 requires the following procedures:
• Give notice and post agendas as otherwise required by the Brown Act; • List on the agenda how the public can electronically attend and comment at the meeting. Note that a public agency is not required to offer an in-person option for the public to attend and comment at such a meeting;
• Provide an opportunity to comment in advance of and during the meeting; • Allow a reasonable amount of time to register, if required, and comment on each agenda item or at least the amount of time allowed per agency meeting protocols, whichever is longer;
• No action may be taken during a disruption that inhibits the broadcast of the meeting or the public’s ability to comment;
• All votes must be via rollcall;
• Comply with state and federal civil rights and non-discrimination laws; and • Take all precautions to protect the statutory and constitutional rights of the public.

While it only applies in situations where the Governor has proclaimed a state of emergency, and not, for instance, when only a local health officer has declared an emergency, AB 361 provides an explicit avenue for local public agencies to meet remotely in the case of a public health, or other, emergency that inhibits the opportunity to meet in person. AB 361 provides the flexibility to meet by teleconference through December 31, 2023, unless extended.

The City Council resolution, if approved, would authorize teleconferenced meetings of subcommittees.

Making the findings would allow teleconferenced meetings for the next 30 days.

ATTACHMENTS: Resolution
Report Prepared By: Garrett Evans, City Manager
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Resolution No. 23- Page 1 of 2 January 17, 2023

BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG
In the Matter of:

Making Findings in Support of Continuing to )
Hold Public Subcommittee Meetings By ) RESOLUTION NO. 23- Teleconference Pursuant to California )
Government Code Section 54953(e) )
WHEREAS, on March 4, 2020, the Governor of the State of California proclaimed a state of emergency due to COVID-19; and
WHEREAS, on March 10, 2020, the Contra Costa County Board of Supervisors issued an emergency proclamation to respond to COVID-19; and WHEREAS, on March 16, 2020, the City Council proclaimed the existence of a local emergency in response to COVID-19; and
WHEREAS, on March 12, 2020, the Governor issued Executive Order N-25-20, which suspended specified requirements under the Brown Act with regard to teleconferenced meetings of legislative bodies during the period in which state or local public health officials have imposed or recommended measures to promote social distancing; and WHEREAS, on March 17, 2020, the Governor issued Executive Order N-29-20, which modified and replaced the Brown Act language of Executive Order N-25-20, continuing to suspend specified requirements under the Brown Act for teleconferenced meetings of legislative bodies during the period in which state or local public health officials have imposed or recommended social distancing measures; and
WHEREAS on June 11, 2021, the Governor issued Executive Order N-08-21, which modified and replaced the Brown Act language of Executive Order N-29-20 and set forth an end date of September 30, 2021; and
WHEREAS, in September 2021 the State Legislature passed Assembly Bill 361, which was signed into law by the Governor on September 19, 2021; and WHEREAS, AB 361 amended the Brown Act at Government Code Section 54953 to allow, until January 1, 2024, a legislative body to use teleconferencing without adhering to specified requirements so long as, among other circumstances, the meeting is held during a proclaimed state of emergency and state or local officials have imposed or recommended measures to promote social distancing, and so long as the legislative body reconsiders the circumstances every 30 days; and
WHEREAS, on September 20, 2021, the Contra Costa County Health Officer issued recommendations for public meetings, which recommendations include social distancing; and
WHEREAS, on October 4, 2021, and November 1, 2021, the City Council adopted a resolution authorizing teleconferenced meetings for the City Council, commissions, and subcommittees; and
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Resolution No. 23- Page 2 of 2 January 17, 2023
WHEREAS, following an improvement in the incidence of COVID cases, the City Council adopted Resolutions on November 29, 2021, December 20, 2021, January 18, 2022, February 7, 2022, March 7, 2022, April 4, 2022, May 2, 2022, June 6, 2022, June 20, 2022, July 18, 2022, August 15, 2022, September 19, 2022, October 17, 2022, November 7, 2022, November 21, 2022 and December 12, 2022 to authorize meetings with public participation by teleconference and in-person attendance by members of the City Council and commissions, and otherwise fully teleconferenced meetings for subcommittees; and WHEREAS, with the emergence of the Omicron variant, which may spread more easily than other variants, and in the wake of holiday gatherings of persons, the incidence of COVID increased markedly and then decreased but continues to be transmitted in the community.

NOW, THEREFORE BE IT RESOLVED that the City Council hereby makes the following findings:

1. The circumstances of the state of emergency have been reconsidered. The state of emergency declared by the Governor has not been terminated. The state of emergency declared by the County Board of Supervisors has not been terminated. The state of emergency declared by the City Council has not been terminated.

State or local officials continue to impose or recommend measures to promote social distancing. The County Health Official on October 4, 2022, reissued a recommendation for social distancing, among other recommendations, during public meetings.

BE IT FURTHER RESOLVED that the City Council hereby approves meetings of subcommittees to be held by teleconference in compliance with California Government Code Section 54953(e). As there are numerous subcommittees, some which are comprised of members of more than one legislative body, and meet frequently, for the protection of the health of attendees all subcommittee meetings are to be held by teleconference.

PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 17th day of January, 2023, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:

Shanelle Scales-Preston, Mayor
ATTEST:

Alice E. Evenson, City Clerk
1089

OFFICE OF THE CITY MANAGER/EXECUTIVE DIRECTOR
65 Civic Avenue
Pittsburg, CA 94565
TO: Mayor and Council Members
FROM: Garrett Evans, City Manager
SUBJECT: Adoption of an Ordinance to Rescind and Amend Pittsburg Municipal Code Title 15, “Buildings and Construction,” to Adopt by Reference the 2022 California Building Code, Residential Code, Electrical Code, Fire Code, Mechanical Code, Plumbing Code, Historical Building Code, Green Building Standards Code, Existing Building Code and Energy Code with State of California and Local Amendments
MEETING DATE: January 17, 2023

EXECUTIVE SUMMARY
The California Building Standards Code is published every three years and amends the California Code of Regulations, Title 24. These codes are commonly referred to as the California Building Code ("Codes") and include building, plumbing, mechanical, electrical, fire, energy, residential, historical, and green standards.

FISCAL IMPACT
There is no fiscal impact to the General Fund by this action.

RECOMMENDATION
City Council adopt the attached Ordinance to rescind and amend Chapters 1.12, 1.20,

15.08, 15.16, 15.18, 15.20, 15.22, 15.26, 15.28, 15.32, 15.60, and 15.64 of the Pittsburg Municipal Code.

BACKGROUND
The 2022 California Codes will take effect statewide on January 1, 2023. Building regulations or standards have the same force of law and are confirmed 180 days after their publication unless otherwise stipulated. This code applies to all occupancies in the State of California as annotated.

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This is the second reading of an ordinance to rescind and amend sections of the Pittsburg municipal code to reflect the 2022 California Building Code, California Code of Regulations, Title 24, Part 2, Volumes 1 and 2, California Building Standards Commission, based upon the 2021 International Building Code as published by the International Code Council.

The 2022 California Electrical Code, California Code of Regulations, Title 24, Part 3, California Building Standards Commission, based upon the 2020 National Electrical Code as published by the National Fire Protection Association.

The 2022 California Mechanical Code, California Code of Regulations, Title 24, Part 4, California Building Standards Commission, based upon the 2021 Uniform Mechanical Code as published by the International Association of Plumbing and Mechanical Officials.

The 2022 California Plumbing Code, California Code of Regulations, Title 24, Part 5, California Building Standards Commission, based upon the 2021 Uniform Plumbing Code as published by the International Association of Plumbing and Mechanical Officials.

The 2019 California Historical Building Code, California Code of Regulations, Title 24, Part 8, as published by the California Building Standards Commission.

The 2022 Green Building Standards Code, California Code of Regulations, Title 24, Part 11, California Building Standards Commission as published by the International Code Council.

The 2022 California Existing Building Code, California Code of Regulations, Title 24, Part 10, California Building Standards Commission based upon the 2021 International Existing Building Code.

The 2022 Residential Code, California Code of Regulations, Title 24, Part 2.5, California Building Standards Commission, based upon the 2021 International Residential Building Code as published by the International Code Council.

The 2022 California Fire Code, California Code of Regulations, and Appendix Chapter 1, Administration, Title 24, Part 9 based on the 2021 International Fire Code published by the International Code Council.

The 2021 California Energy Code, Title 24, Part 6, California Building Standards Commission as published by the International Code Council.

The City may establish more restrictive building standards as reasonably necessary because of local climatic, geological, or topographical conditions. The proposed amendments are based upon these tangible conditions and past practice.

On December 12, 2022, the City Council introduced the ordinance at a special meeting, waived further reading and passed to second reading without comment or modification.

SUBCOMMITTEE FINDINGS
This item was not presented to a subcommittee.
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STAFF ANALYSIS
Adoption of this ordinance formalizes the City’s participation in enforcing the building codes as adopted by the State Building Standards Commission. This will provide necessary clarification regarding the adopted regulations governing property development, building construction and maintenance.

ATTACHMENTS: Proposed Ordinance to Adopt 2022 California Codes Report Prepared By: Shelby Rose, Permit Center Supervisor 1092
Ordinance No. 22-1505 Page 1 of 51 January 17, 2023

BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG
In the Matter of:

Ordinance to Rescind and Amend Pittsburg )
Municipal Code Chapters 1.12, 1.20, 15.08, )

15.16, 15.18, 15.20, 15.22, 15.26, 15.28, ) ORDINANCE NO. 22-1505

15.32, 15.60,15.64 Which Adopts by Reference)
the Applicable 2022 California Codes )
WHEREAS, the California Building Standards Code is published every three years and amends the California Code of Regulations, Title 24; and WHEREAS, these codes are commonly referred to as the California Building Code ("Codes") and include building, plumbing, mechanical, electrical, fire, energy, residential, historical, and green standards; and
WHEREAS, the 2022 California Codes will take effect statewide on January 1, 2023; and
WHERAS, building regulations or standards have the same force of law and are confirmed 180 days after their publication unless otherwise stipulated; and WHEREAS, this code applies to all occupancies in the State of California as annotated; and
WHEREAS, each city in California is required to adopt the California Building Standards Code and is authorized to do so by reference (Health and Safety Code §17922 and Government Code §50022.2); and
WHEREAS, the City may establish more restrictive building standards as reasonably necessary because of local climatic, geological, or topographical conditions; and
WHEREAS, the proposed amendments are based upon these tangible conditions and past practice, and
WHEREAS, adoption of this ordinance formalizes the City’s participation in enforcing the building codes as adopted by the State Building Standards Commission. This will provide necessary clarification regarding the adopted regulations governing property development, building construction and maintenance; and WHEREAS, the City has provided notice of, and taken all actions necessary for, the proposed adoption by reference of certain uniform State codes as set forth in this Ordinance and as required by Government Code section 50020 et. seq. 1093
Ordinance No. 22-1505 Page 2 of 51 January 17, 2023
NOW, THEREFORE, the City Council of the City of Pittsburg DOES ORDAIN as follows:

SECTION 1. PRIOR ENACTMENTS REPEALED
All prior enactments of the City, which conflict with this Ordinance, are hereby repealed, effective upon the date on which this Ordinance becomes effective and operative.

SECTION 2. CONTINUING EFFECT

2.1 Notwithstanding Section 1 of the Ordinance, and solely for the purposes of this Section 2.1, this Ordinance shall be construed as a continuation of said prior enactments as the same may have been heretofore amended from time to time, and compliance therewith prior to the effective date hereof shall be deemed to be compliance with this Ordinance unless provided otherwise herein.

2.2 Except as specifically or by necessary implication required to the contrary by this Ordinance, no right or entitlement granted, or obligation imposed, or action or proceeding commenced or taken pursuant to a prior resolution or ordinance repealed or modified hereby shall be deemed to be invalidated, waived, terminated or otherwise affected by the enactment hereof.

SECTION 3. EFFECT OF ENACTMENT
Except as specifically provided herein, nothing contained in this Ordinance shall be deemed to modify or supersede any prior enactment of the City Council which addresses the same subject addressed herein.

SECTION 4. FINDINGS

4.1 The International Code Council (ICC) is a private organization which has been in existence for at least three (3) years.

4.2 The 2022 California Design Building Codes, the 2022 California Fire Code, the California Building Standards Code, and the California Fire Code Standards published by said organization, are a nationally recognized compilation of proposed rules, regulations, and standards of said organization.

4.3 The California Design Building Codes and the California Fire Code have been printed and published as a code in books form within the meaning of Section 50022.2 et seq., of the California Government Code and said code has been adopted and amended by the California Building Standards Commission into the California Code of Regulations (CCR) as Title 24, 2022 edition.
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Ordinance No. 22-1505 Page 3 of 51 January 17, 2023

4.4 That one (1) copy of the 2022 California Design Building Codes based on the 2021 International Design Building Codes and one (1) copy of the 2022 California Fire Code based on the 2021 International Fire Code have been on file for use and examination by the public in the office of the Building Official prior to adoption of this Ordinance.

4.5 That the sections of the International Design Building Codes and California Building Code Standards may be referred to by the same number used in said published compilation preceded by the words “City of Pittsburg International Building Code Section” or “International Building Code Section” or “Building Code Section”. Said amendments to the California Building Standards Code under the California Design Building Codes shall be referred to in the same manner as listed above for ease of application.

4.6 That the sections of the California Fire Code may be referred to by the same number used in said published compilation preceded by the words "City of Pittsburg California Fire Code Section" or "California Fire Code Section" or "Fire Code Section".

Said amendments to the California Building Standards Code under the California Fire Code shall be referred to in the same manner as listed above for ease of application.

4.7 Pursuant to Section(s) 17958.5(a) and (b) as well as Section 17958.7 of the California Health and Safety Code, the Section contained herein shall be submitted as the "Findings of Need" with regard to the specific California Design Building Codes and California Fire Code Ordinance Amendments adopted by the City of Pittsburg and addressed herein. Additional requirements and standards herein are necessary to properly protect the health, safety, and welfare of the existing and future residents as well as workers of the City of Pittsburg. Under the provisions of Section 17958.7 of the Health and Safety Code, local amendments shall be based on climatic, geological, or topographical conditions. The "Findings of Need" contained herein shall address each of these situations and shall present the local situation which singularly or in combination cause the established amendments to be adopted. Each such modification is identified as to which section such finding refers.

4.7.1 Life Safety: That the additional requirements and standard established herein are needed to properly protect the health, safety, life and limb, and welfare of existing and future residents, workers, and guests of the City of Pittsburg.

4.7.2 That these changes and modifications to the standards published in the California Design Building Codes and California Fire Code are reasonably necessary because of local climatic, geological, and topographical conditions. The following are hereby adopted as non-inclusive specific findings in respect to such local conditions and refer to amendments made to the California Design Building Codes, California Code of Regulations, Title 24, and International Fire Code as more particularly set forth below.
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4.7.2.1. Climatic Conditions:

1. Precipitation and Relative Humidity
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%.

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 Fire District resulting in an excessive fire loss.

2. Temperature
Conditions:

Temperatures have been recorded as high as 114° F. Average summer highs are in the 90° range, with average maximums of 105° F.

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 1096
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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 District resources in order to control a fire on a hot day. High temperatures directly contribute to the rapid growth of fires to an intensity and magnitude beyond the control capabilities of the Fire District.

3. Winds
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 ranges, 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.

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 intensity beyond the control capabilities of the Fire District 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 blow torch 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 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 and fires involving wood shake and shingle building exteriors. Local winds will continue to be a definite factor towards causing major fire losses to buildings not provided with fire resistive roof and siding materials and buildings with inadequately separated interior areas or lacking automatic fire protection systems. National statistics frequently 1097
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cite wind conditions, such as those experienced locally, as a major factor where conflagrations have occurred.

4.7.2.2 TopographIic Conditions:

Development has occurred and continues to occur in Pittsburg at a rapid pace. Traffic congestion occurs during certain peak business hours, weekends, and on holidays along main
thoroughfares. (Information provided by the Transportation Engineering Division of the Public Works Department).

The distance between fire stations, and the response time in our city compared to the time when flashover generally occurs creates a need for on-site fire suppression capability in all structures, and the need for specific turning radius and turnaround requirements for fire apparatus. In order to accommodate fire equipment during emergency response, we find that fire apparatus roads, grades, turning radius and turnaround dimensions are required as set forth herein.

Conditions:

Vegetation: The service area of the Contra Costa County Fire Protection District 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 District and in the past 15 years development has spread into the hills, valleys, and ridge lands of the District. 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 sidings. This condition can be found throughout the Fire District, especially in those fully developed areas and those areas marked for future development.

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 Fire District resources into and through many areas.

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, efficient approach or operational access to them by Fire District vehicles. In addition, the presence of security gates, roads of inadequate width and grades which are too steep for Fire 1098
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District vehicles create an adverse impact on fire suppression efforts.

When Fire District 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.

4.7.2.3 Geological Conditions:

Pittsburg, CA has a very high earthquake risk, with a total of 3,904 earthquakes since 1931. The USGS database shows
that there is a 97.98% chance of a major earthquake within 50km of Pittsburg, CA within the next 50 years. The largest earthquake within 30 miles of Pittsburg, CA was a 6.0
Magnitude in 2014.

Within the 20 miles of the City of Pittsburg, there are four (4) earthquake faults; the Concord Fault, Clayton Fault, Davis Fault, and the Kirby Hills Fault. There are also other faults in the immediate adjacent areas. In the event of a severe
earthquake these faults present the potential for catastrophic damage including fire, damage to roadways, and other
impairments of emergency apparatus (Fault information from California Division of Mines and Geology). This finding supports our modifications to the California Design Building Codes and the California Fire Codes.

Seismicity
Conditions:

Contra Costa County 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 a potential for a Richter 6 earthquake and the Hayward and Calaveras faults have the potential for a Richter 7 earthquake. Minor tremblers from seismic activity are not uncommon in the area.
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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.

The Fire District has 3 distinct areas. They are: 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.

Because of the size of the Contra Costa County Fire Protection District (304 square miles), the characteristics of the fire environment changes from one location to the next. Therefore, the District 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 district. There are 2 major rail lines which run through the district. 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, cause power failures while at the same time starting fires throughout the Fire District. 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.

Impact:

A major earthquake could severely restrict the response of the Fire District and its capability to control fires involving buildings of wood frame construction, with ordinary wood shake and 1100
Ordinance No. 22-1505 Page 9 of 51 January 17, 2023
shingle exteriors, or with large interior areas not provided with automatic smoke and fire control systems.

Soil 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 Fire District, the topography and development growth has created a network of older, narrow roads. These roads vary from gravel to asphalt surface and vary in percent of slope, many exceeding 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 down trees, obstructing all vehicle traffic. It is anticipated that during an earthquake, several of these roads would be practically impassable. This finding supports our modifications to the California Design Building Codes and the California Fire Codes
SECTION 5. California Building Code
Chapter 15.08 of Title 15 of the City of Pittsburg Municipal Code is hereby repealed and replaced in its entirety to read as follows:
“Chapter 15.08
California Building Code
Sections:

15.08.010 Adoption

15.08.040 Amendments to Appendix Chapter 1, Administration.

15.08.010 Adoption.

A. Pursuant to Sections 50022.1 to 50022.10, inclusive, of the Government Code, the city council adopts and enacts as the building code of the city the 2022 California Building Code (CBC), California Code of Regulations, Title 24, Part 3, and Appendices (based on the 2021 International Building Code published by the International Code Council.) B. One copy of the CBC is on file with the building division for use and examination by the public, along with changes, additions and deletions relating to sections of the CBC as set forth in this chapter. In addition, all subsequent supplements to the CBC and related publications are adopted by reference.
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15.08.040 Amendments to Appendix Chapter 1, Administration.

Set forth below are the local amendments, additions, and deletions to the administrative portion of the 2022 California Building Code. Chapter and section numbers used herein are those of Chapter 1 of the 2022 California Building Code.

Section 107.5, Retention of Construction Documents, is hereby amended to read:

Section 107.5 Retention of Construction Documents. The building division of the City of Pittsburg shall maintain an official copy, which may be on microfilm or other type of photographic copy of the plans of every building, during the life of the building, for which the department issued a building permit. “Building Division” means the department, bureau, or officer charged with the enforcement of laws or ordinances regulating the erection, construction, or alteration of buildings. Except for plans of a common interest development as defined in Section 1351 of the Civil Code, plans need not be retained after 180 days of completion for:
(a) Single or multiple dwellings not more than two stories and basement in height. (b) Garages and other structures appurtenant to buildings described under subdivision (a). (c) Farm or ranch buildings.
(d) Any one-story building where the span between bearing walls does not exceed 25 feet.

The exemption in this subdivision does not apply to a steel frame or concrete building.

Section 109.4 is hereby added to read:

Section 109.4 Work Commencing Before Permit Issuance. Any person who commences any work on a building, structure, electrical, gas, mechanical or plumbing system before obtaining the necessary permits shall be subject to a fee established by the building official that shall be in addition to the required permit fees.

Section 109.5, Related Fees, is hereby amended to read:

Section 109.5 “Fees” Reinspection’s. If reinspection’s are required, fees for the same may be assessed in accordance with Section 109.

To obtain a re-inspection, the permittee shall pay any assessed re-inspection fee. In those instances where the building official has assessed a re-inspection fee, the building inspector shall perform no additional inspections of the work until the required fee has been paid.”
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SECTION 6. California Electrical Code
Chapter 15.16 of Title 15 of the City of Pittsburg Municipal Code is hereby repealed and replaced in its entirety to read as follows:
“Chapter 15.16
California Electrical Code
Sections:

15.16.010 Adoption.

15.16.020 Electrical permit – Applicant qualifications.

15.16.040 Amendments, additions, and deletions to the National Electrical Code.

15.16.050 Violation – Penalty.

15.16.060 Small residential rooftop solar energy system review process.

15.16.070 Expedited electric vehicle charging station permitting.

15.16.010 Adoption.

A. Pursuant to Sections 50022.1 to 50022.10, inclusive, of the Government Code, the city council adopts and enacts as the electrical code of the city the 2022 California Electrical Code (CEC), California Code of Regulations, Title 24, Part 3, and Appendices (based on the 2021 National Electrical Code published by the National Fire Protection Association).

B. One copy of the CEC is on file with the building division for use and examination by the public, along with changes, additions and deletions relating to sections of the CEC as set forth in this chapter. In addition, all subsequent supplements to the CEC and related publications are adopted by reference.

15.16.020 Electrical permit – Applicant qualifications.

No permit shall be issued to any person to do or cause to be done any electrical work regulated by this chapter, unless such applicant qualifies under one of the following conditions:

A. Applicant possesses a valid, unexpired, and unrevoked electrical contractor’s license issued to him or her under the applicable provisions of the Business and Professions Code of the state; or
B. Applicant is the bona fide owner of the premises, which premises consists of a single- family dwelling, duplex, or a single unit in a condominium complex used exclusively for living purposes, and all accessory buildings thereto; provided, that the owner or a member of his/her immediate family shall perform all labor pursuant to the permit.

15.16.040 Amendments, additions, and deletions to the 2021 National Electrical Code.

Set forth below are the local amendments, additions, and deletions to the 2022 California 1103
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Electrical Code. Chapter and section numbers used herein are those of the 2021 California Electrical Code.

Section 89.108.8, Appeals Board, is replaced by Section 113, Board of Appeals, of Appendix Chapter 1 of the 2022 California Building Code.

Article 100, Definitions, is hereby amended by the addition of the following words or phrases:
“CITY” or “THE CITY” shall refer to the City of Pittsburg as the text requires. “CITY COUNCIL” shall refer to the City Council of the City of Pittsburg. “ELECTRICAL CONTRACTOR” shall refer to a contractor in possession of a valid license issued in accordance with the provisions of the California Contractors State License Board. “ELECTRICAL INSPECTOR” shall refer to the Building Official of the City of Pittsburg or his or her authorized representative.
“ELECTRICAL WORK” shall refer to the installation, construction, maintenance, and repair of electrical equipment.
“PERSON” shall refer to a natural person, his or her heirs, executors, administrators, or assignees, and also includes a firm, partnership, or corporation, its or their successors or assignees, or the agent of any of the aforesaid.
“SINGLE FAMILY DWELLING” shall refer to a residential building containing one or two dwelling units.

15.16.050 Violation – Penalty.

15.16.060 Small residential rooftop solar energy system review process. Share A. The following words and phrases as used in this section are defined as follows:
“Electronic submittal” means the utilization of one or more of the following:

1. E-mail.

2. The Internet.

3. Facsimile.
“Small residential rooftop solar energy system” means all of the following:
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1. A solar energy system that is no larger than 10 kilowatts alternating current nameplate rating or 30 kilowatts thermal.

2. A solar energy system that conforms to all applicable state fire, structural, electrical, and other building codes as adopted or amended by the city and paragraph (iii) of subdivision (c) of Section 714 of the Civil Code, as such section or subdivision may be amended, renumbered, or redesignated from time to time.

3. A solar energy system that is installed on a single or duplex family dwelling.

4. A solar panel or module array that does not exceed the maximum legal building height as defined by the authority having jurisdiction.
“Solar energy system” has the same meaning set forth in paragraphs (1) and (2) of subdivision (a) of Section 801.5 of the Civil Code, as such section or subdivision may be amended, renumbered, or redesignated from time to time.

B. Section 65850.5 of the California Government Code provides that, on or before September 30, 2015, every city, county, or city and county shall adopt an ordinance that creates an expedited, streamlined permitting process for small residential rooftop solar energy systems.

C. Section 65850.5 of the California Government Code provides that in developing an expedited permitting process, the city, county, or city and county shall adopt a checklist of all requirements with which small rooftop solar energy systems shall comply to be eligible for expedited review. The building official is hereby authorized and directed to develop and adopt such checklist. (Note: Your city may adopt an ordinance that modifies the checklists and standards found in the California Solar Permitting Guidebook due to unique climatic, geological, seismological, or topographical conditions.) D. The checklist shall be published on the city’s Internet website. The applicant may submit the permit application and associated documentation to the city’s building division by personal, mailed, or electronic submittal together with any required permit processing and inspection fees. In the case of electronic submittal, the electronic signature of the applicant on all forms, applications and other documentation may be used in lieu of a wet signature. (Or, if the city will not accept electronic signature, the reasons for the inability to accept electronic signatures must be described.)
E. Prior to submitting an application, the applicant shall:

1. Verify to the applicant’s reasonable satisfaction through the use of standard engineering evaluation techniques that the support structure for the small residential rooftop solar energy system is stable and adequate to transfer all wind, seismic, and dead and live loads associated with the system to the building foundation; and

2. At the applicant’s cost, verify to the applicant’s reasonable satisfaction using standard electrical inspection techniques that the existing electrical system including existing line, load, ground, and bonding wiring as well as main panel and subpanel sizes are adequately sized, based on the existing electrical system’s current use, to carry all new photovoltaic 1105
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electrical loads.

F. For a small residential rooftop solar energy system eligible for expedited review, only one inspection shall be required, which shall be done in a timely manner and may include a consolidated inspection by the building official and fire chief. (Note: A separate fire inspection may be performed if your city does not have an agreement in place with your local fire authority to conduct a fire safety inspection on behalf of the fire authority.) If a small residential rooftop solar energy system fails inspection, a subsequent inspection is authorized; however, the subsequent inspection need not conform to the requirements of this subsection.

G. An application that satisfies the information requirements in the checklist, as determined by the building official, shall be deemed complete. Upon receipt of an incomplete application, the building official shall issue a written correction notice detailing all deficiencies in the application and any additional information required to be eligible for expedited permit issuance.

H. Upon confirmation by the building official of the application and supporting documentation being complete and meeting the requirements of the checklist, the building official shall administratively approve the application and issue all required permits or authorizations. Such approval does not authorize an applicant to connect the small residential rooftop energy system to the local utility provider’s electricity grid. The applicant is responsible for obtaining such approval or permission from the local utility provider.

15.16.070 Expedited electric vehicle charging station permitting.

A. The ordinance codified in this section shall be known as the city of Pittsburg electric vehicle charging station permit expediting ordinance. The terms, phrases, and words used in this section shall be construed in compliance with the definitions set forth by California Government Code Section 65850.7.

B. Electric vehicle charging stations which qualify for expedited permit processing, pursuant to Government Code Section 65850.7, shall be subject to the administrative permitting procedures set forth in this section.

C. Expedited Review Process. Consistent with Government Code Section 65850.7, the building official shall implement an expedited administrative permit review process for electric vehicle charging stations and adopt a checklist of all requirements with which electric vehicle charging stations shall comply in order to be eligible for expedited review.

The expedited administrative permit review process and checklist may refer to the recommendations in the checklist prescribed by the most current version of the “Plug-In Electric Vehicle Infrastructure Permitting Checklist” of the “Zero-Emission Vehicles in California: Community Readiness Guidebook” published by the Governor’s Office of Planning and Research. The city’s adopted checklist shall be published on the city’s website.

D. Electronic Submittals. Consistent with Government Code Section 65850.7, the building official shall allow for electronic submittal of permit applications covered by this section and associated supporting documentation. In accepting such permit applications, the building 1106
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official shall also accept electronic signatures on all forms, applications, and other documentation in lieu of a wet signature by any applicant.

E. Association Approval. Consistent with Government Code Section 65850.7, the building official shall not condition the approval for any electric vehicle charging station permit on the approval of such a system by an association, as that term is defined by Civil Code Section 4080.

F. Permit Application Processing. A permit application that satisfies the information requirements in the city’s adopted checklist shall be deemed complete and be promptly processed. Upon confirmation by the building official that the permit application and supporting documents meet the requirements of the city-adopted checklist, and are consistent with all applicable laws, the building official shall, consistent with Government Code Section 65850.7, approve the application and issue all necessary permits. Such approval does not authorize an applicant to energize or utilize the electric vehicle charging station until approval is granted by the city. If the building official determines that the permit application is incomplete, he or she shall issue a written correction notice to the applicant, detailing all deficiencies in the application and any additional information required to be eligible for expedited permit issuance.

G. Technical Review. It is the intent of this section to encourage the installation of electric vehicle charging stations by removing obstacles to permitting for charging stations so long as the action does not supersede the building official’s authority to address higher priority life-safety situations. If the building official makes a finding based on substantial evidence that the electric vehicle charging station could have a specific adverse impact upon the public health or safety, as defined in Government Code Section 65850.7, the city may require the applicant to apply for a use permit.”
SECTION 7. Historical Building Code
Chapter 15.18 of Title 15 of the City of Pittsburg Municipal Code is hereby repealed and replaced in its entirety to read as follows:
“Chapter 15.18
Historical Building Code
Sections:

15.18.010 Adoption.

15.18.020 Violation – Penalty.

15.18.010 Adoption.

A. Pursuant to Sections 50022.1 to 50022.10, inclusive, of the Government Code, the city council adopts and enacts as the historical code of the city the 2022 California Historical Building Code (CHBC), California Code of Regulations, Title 24, Part 8 (as published by the California Building Standards Commission).
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B. One copy of the CHBC is on file with the Building Division for use and examination by the public, along with changes, additions and deletions relating to sections of the CHBC as set forth in this chapter, in addition, all subsequent supplements to the CHBC and related publications are adopted by reference.

15.18.020 Violation – Penalty.

A violation of any provision under this chapter is punishable as a misdemeanor and upon conviction may be punished by a fine not more than $1,000 or by imprisonment in the county jail for not more than six months, or both.”
SECTION 8. California Fire Code
Chapter 15.20 of Title 15 of the City of Pittsburg Municipal Code is hereby repealed and replaced in its entirety to read as follows:
“Chapter 15.20
California Fire Code

15.20.010 Adoption.

15.20.020 Enforcement.

15.20.040 Amendments.

15.20.010 Adoption.

A. Pursuant to Sections 50022.1 to 50022.10, inclusive, of the Government Code, the city council adopts and enacts as the fire code of the city the 2022 California Fire Code (California Code of Regulations, and Appendix Chapter 1, Administration, Title 24, Part 9 (based on the 2021 International Fire Code published by the International Code Council)).

B. One copy of the CFC is on file with the city clerk for use and examination by the public, along with changes, additions and deletions relating to sections of the CFC as set forth in this chapter. In addition, all subsequent supplements to the CFC and related publications are adopted by reference.

15.20.020 Enforcement.

A. The provisions of this chapter shall be enforced by the Contra Costa County fire protection district (district) under the direction of the fire chief and/or the chief building official of the city. The fire chief or his duly authorized agents may issue citations for violations of the district ordinances as adopted by the city in the same manner as a county or city is authorized to do so by Chapter 5-C (commencing with Section 853.5, Title 3, Part 2) of the Penal Code.

B. A report of the fire activities within the city shall be made annually and transmitted to the city manager by the Contra Costa County fire protection district. It shall contain all proceedings under this code, with such statistics as the fire chief deems necessary. 1108
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15.20.040 Amendments.

Chapter and section numbers used below are those of the 2022 California Fire Code.

A. Chapter 1, Scope and Administration.

Section 101.1 is amended to read:
101.1 Title. This code is the Fire Code of the Contra Costa County Fire Protection District 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:
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
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6. Carbon Dioxide Systems or volatile solvent
Section 105.5 is amended by adding Sections105.5.52 through 105.5.63 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 Temporary Occupancy. A permit is required for any temporary occupancy. 105.5.61 Temporary water supply. A permit is required to use a temporary water supply for construction of residential projects or subdivisions pursuant to Section 3313.1.
105.5.62 Tire storage. A permit is required to store more than 1,000 cubic feet (28.3m3) 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 operational permits. The fire code official is authorized to issue operational permits for the operations set forth in Chapter 1, Sections 105.6.1 through 105.6.29.
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Section 105.6.25 is amended by adding Sections105.6.25 through 105.6.29 to read:
105.6.25 Access for Fire Apparatus. Plans shall be submitted, and a permit is required to install, improve, modify, or remove public or private roadways, driveways, and bridges for which Fire District access is required by the Fire Code. 105.6.26 Construction, Substantial Alteration, Additions of a Building for Which a Building Permit is Required. Plans shall be submitted to the fire code official for all land developments or for the construction, substantial alteration, additions or renovation of a building within the jurisdiction where a building permit is required.

Exception: Non-sprinklered Group R-3 Occupancies where work does not involve a substantial addition or substantial alteration.
105.6.27 Land Development, Subdivisions. Plans shall be submitted to the fire code official for all land developments or improvements proposed within the jurisdiction that involve the subdivision of land.
105.6.28 Water Supply for Fire Protection. Plans shall be submitted to the fire code official for the purpose of determining whether adequate water supplies, fire hydrants, and associated systems are provided for all facilities, buildings, or portions of buildings either constructed or moved into the District pursuant to Section 507.
105.6.29 Land Development. Plans shall be submitted to the fire code official for all land developments or improvements proposed within the jurisdiction. 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 Fire District approval shall relieve or exonerate any person from the responsibility of complying with the provisions of this code nor shall any vested rights be created for any work performed in violation of this code.

Section 112.4 is added 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 the 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.
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B. Chapter 2, Definitions.

Section 202 is amended by adding the following definitions to read:

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 Pre-Incident Planning).

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

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

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

Board of Directors. The Contra Costa County Board of Supervisors as the governing body of the Crockett-Carquinez Fire Protection District and the Contra Costa County Fire Protection District.

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

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.
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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 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 1113
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vegetation (native and ornamental), and/or other conditions favorable to fast moving fires.

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

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

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

Rural Residential Area. An area generally designated for single-family residential use with parcels between three (1.2140619ha) 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 water- flow 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 for Construction. An approved temporary roadway for emergency vehicle uses 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 uses during construction of an individual residential (R3) structure where a fire department access road is required as part of the project.

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

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

Weeds. All weeds growing upon streets or private property in the jurisdiction, including any of the following:
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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 304.1.2 is amended to read:
304.1.2 Vegetation. Hazards created by the growth of weeds, grass, vines, trees, or other growth capable of being ignited and endangering property shall be mitigated in accordance with Section 320.

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 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 1115
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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 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 1116
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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.
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 is added to read:
401.5.1 Nuisance Fire Alarm fee. A fee may be charged for false and/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 1117
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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 Standby personnel needed for EMS standby shall be provided in accordance with Contra Costa County EMS Protocols.

E. Chapter 5, Fire Service Features.

Section 503.1.4 is added to read:
503.1.4 Access to Open Spaces. When access to open land or space, or to 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 must be approved by 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 minimum sixteen (16) foot wide driveway 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.

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
H. 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 1118
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required by the reference standards shall be submitted to a third-party electronic record keeping service as chosen by the fire district.

Section 902 is amended to add:

Substantial Addition or Expansion.

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 area 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 for Group A-1 occupancies where one of the following conditions exists:

1. The fire area exceeds 5000 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 for fire areas containing Group A-3 occupancies and intervening floors of the building 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 fire walls of less than four-hour fire resistance rating without openings.

Section 903.2.1.4 is amended to read:
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903.2.1.4 Group A-4. An automatic sprinkler system shall be provided for fire areas containing Group A-4 occupancies and intervening floors of the building 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 903.2.3 is amended to read:
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.
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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 903.2.4 is amended in its entirety to read:
903.2.4 Group F.
903.2.4. 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.

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.
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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 used for the display and sale of upholstered furniture or mattresses exceeds 5,000 square feet.

5. The structure exceeds 10,000 square feet, contains more than one fire area containing a Group M occupancy, and is separated into two or more buildings by fire walls 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 amended to read:
903.2.8.1.1 Group R-3 Substantial Addition or Expansion. 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 great 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 upholstered furniture or 1122
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mattresses exceeding 2,500 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:

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 is amended in its entirety to read:
903.2.10 Group S-2.
903.2.10.1 Group S-2 parking garages. An automatic sprinkler system shall be provided throughout buildings classified as enclosed parking garages in accordance with Section 406.6 of the California Building Code where either of the following conditions exists:

1. Where the fire area of the enclosed garage exceeds 5,000 square feet.

2. Where the enclosed parking garage is located beneath other occupancy 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:

Section 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 2022 California Building Code and 2022 California Fire Code without local amendment.

Section 903.3.1.1.4 is added to read:
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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:
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 sections 903.3.1.3.1
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 of 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 waterflow 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 or Expansion. An automatic sprinkler system shall be provided throughout all existing buildings where a substantial addition or expansion occurs, and the total fire area of the structure exceeds 5,000 square feet. Group R-3 substantial additions or expansions shall comply with Section 903.2.8.1. 1124
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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 912.5 of the current edition of the International Existing Building Code, as published by the International Code Council. The requirements of Section 903.2 shall not be required when a change of occupancy classification is made to an equal or lesser hazard category. Group L occupancies shall be considered a relative hazard of 1 (highest hazard). R-3 occupancies shall be considered a relative hazard of 4 (lowest hazard).

Section 907.4.4 is added to read:
907.4.4 Monitoring of other fire systems. In buildings equipped with a fire alarm system or sprinkler alarm and supervisory service (SASS) system, where other fire suppression or extinguishing systems are installed in the building (including but not limited to commercial kitchen suppression systems, pre-action fire suppression systems, dry chemical systems, and clean agent systems), these other suppression systems shall be monitored by the SASS dedicated function fire alarm system and transmitted as a specific signal to the Central Station. The system shall be monitored in compliance with Section 907.6.5.

Section 907.5.2.3.1 is amended to read:
907.5.2.3.1 Public and common areas. Visible alarm notification appliances shall be provided in public use areas and common use areas, including but not limited to:

1. Sanitary facilities including restrooms, bathrooms, shower rooms and locker rooms.

2. Corridors, hallways, aisles with shelving and/or fixtures obstructing the required light intensity for that area.

3. Music practice rooms.

4. Band rooms.

5. Gymnasiums.

6. Multipurpose rooms.

7. Occupational shops.

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

9. Lobbies.

10. Meeting/Conference rooms.
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11. Classrooms.

12. Medical exam rooms.

13. Open office areas.

14. Sales floor areas.

15. Break or lunch rooms.

16. Copy or work rooms.

17. Computer server rooms exceeding 200 sq. ft.

18. File or Storage rooms exceeding 200 sq. ft.

Section 907.6.6 is amended to read:
907.6.6 Monitoring of fire alarm systems. A fire alarm system required by this chapter, or by the California Building Code, shall be monitored by a UL-listed Central Station service in accordance with NFPA 72 and this code.

Exception: Monitoring by a UL listed central station is not required for:

1. Single and multiple station smoke alarms required by section 907.2.11.

2. Group I-3 occupancies shall be monitored in accordance with section 907.2.6.3.4.

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

4. One- and two- family dwellings.

5. Residential Care Facilities licensed by the state with an occupant load of 6 or less.

6. Occupancies with a local fire alarm system that will give an audible and visible signal at a constantly attended location, as approved by the Fire Code Official.

Section 907.6.7 is added to read:
907.6.7 Certification. New fire alarm systems shall be UL-Certified. A Certificate of Completion and other documentation as listed in NFPA 72 shall be provided for all new fire alarm system installations. It is the responsibility of the building owner or owner’s representative to obtain and maintain a current and valid Certificate.

Section 907.6.7.1 is added to read:
907.6.7.1 Posting of Certificate. The UL Certificate shall be posted in a durable 1126
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transparent cover within three feet of the fire alarm control panel within 45 days of the final acceptance test/inspection.

I. Chapter 10, Means of Egress.

Section 1028.5.1 is added to read:
1028.5.1 Exit discharge surface. Exterior exit pathway surfaces shall be suitable for pedestrian use in inclement weather and shall terminate at a public way as defined in the California Building Code.

J. Chapter 33, Fire Safety During Construction and Demolition.

Section 3303.1.2 is added to read:
3303.1.2 Amendments. Amendments may be required to an approved site safety plan if deemed necessary by both the building official and fire official, based on previous fires or hazards that occurred on site or occurring within the jurisdiction.

Section 3303.1.3 is added to read:
3303.1.3 Site Security Requirements. Site security requirements include the following if deemed necessary by both the building official and fire official:

1. Controlled access points

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

3. Security guards, full-time 24/7 presence on-site, to perform fire watch and patrols

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

5. Security camera coverage throughout the site with motion detection notifications

6. Identify measures taken to prevent tampering with security cameras and motion sensors

7. Necessary lighting throughout the project site
Section 3319 Asbestos Removal is added to read:
3319.1 General. Operations involving removal of asbestos or asbestos-containing materials from buildings shall be in accordance with Section 3319.

Exception: Section 3319 does not apply to the removal of asbestos from:

1. Pumps, valves, gaskets and similar equipment.
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2. Pipes, ducts, girders or beams that have a length less than 21 linear feet (6400 mm).

3. Wall or ceiling panels that have an area of less than 10 square feet (0.93 m2) or a dimension of less than 10 linear feet (3048 mm).

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

5. Group R-3 occupancies.
3319.2 Notification. The fire code official shall be notified 24 hours prior to the commencement and closure of asbestos-removal operations. The permit applicant shall notify the building official when asbestos abatement involves the removal of materials that were used as a feature of the building's fire resistance. 3319.3 Plastic Film. Plastic film that is installed on building elements shall be flame resistant as required for combustible decorative material, in accordance with Section 807.
3319.4 Signs. Approved signs shall be posted at the entrance, exit and exit- access door, decontamination areas and waste disposal areas for asbestos- removal operations. The signs shall state that asbestos is being removed from the area, that asbestos is a suspected carcinogen, and that proper respiratory protection is required. Signs shall have a reflective surface. Lettering shall be a minimum of2 inches (51 mm) high.

K. Chapter 50, Hazardous Materials – General Provisions.

Section 5001.5.1 is amended to add item 10 and 11 to read as follows:

10. Fire Department related safety equipment
A. Fire alarm control panel (FACP)
B. Sprinkler riser
C. Fire Department Connection (FDC)
D. Knox Box location
E. Gas valve shutoff
F. Electrical main shutoff
G. Water shutoff
H. Elevator equipment room
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11. A Site Fire/Explosion/Hazardous material Release Analysis Assessment. A Fire Protection engineer (FPE) stamped risk assessment is required for each possible hazard risk associated with fire, explosion, smoke, and toxicity associated with the possible incident at a facility that is identified as a bulk transfer/process/storage facility. Refer to NFPA 550 & 551 for references.

Section 5001.5.3 is added to read:
5001.5.3 Emergency response support information. Floor plans, material safety data sheets, Hazardous Materials Management Plans (HMMP), Hazardous Material Inventory Statements (HMMIS), and other information must be stored at a readily accessible location, as determined by the fire code official. This location may be in cabinets located outside of facilities or buildings. Information may be required to be maintained in a specific electronic media format to facilitate computer aided dispatching.

Section 5003.9.1.2 is added to read:
5003.9.1.2 Documentation. Evidence of compliance with provisions of this chapter as well as with state and federal hazardous material regulations shall be maintained on site and available for inspection by fire department personnel.

L. Chapter 56, Explosives and Fireworks.

Section 5601.1.3 is added to read:
5601.1.3 Fireworks. The possession, manufacture, storage, sale, handling, and use of fireworks are prohibited within the jurisdiction or District.

Exceptions:

1. The use of fireworks for fireworks displays, pyrotechnics before a proximate audience, pyrotechnic special effects in motion pictures, television, theatrical, or group entertainment productions as allowed by Title 19, Division 1, Chapter 6 Fireworks reprinted in Section 5608 and the Health and Safety Code Division 11.

2. Snap caps and Party Poppers classified by the State Fire Marshal as pyrotechnic devices.

Section 5601.2.2 is amended to read:
5601.2.2 Sale and retail display. No person shall construct a retail display or offer for sale any explosives, explosive materials, or fireworks within the jurisdiction.

Exception: Snap Caps and Party Poppers classified by the State Fire Marshall as pyrotechnic devices.
5601.2.4 is amended to read:
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5601.2.4 Financial responsibility. Before a permit is issued pursuant to Section 5601.2, the applicant shall file with the jurisdiction a corporate surety bond in the principal sum of $2,000,000 or a public liability insurance policy for the same amount, for the purpose of the payment of all damages to persons or property which arise from, or are caused by, the conduct of any act authorized by the permit upon which any judicial judgment results. The fire code official is authorized to specify a greater or lesser amount when, in his or her opinion, conditions at the location of use indicated a greater or lesser amount is required. Government entities shall be exempt from this bond requirement.

Exception: Fireworks in accordance with California Code of Regulations, Title 19, Division 1 Chapter 6. See Section 5608.

Section 5601.9 is added to read:
5601.9 Prohibited and Limited Acts. The storage of explosive materials is prohibited in any central business district and in all zoning districts except districts zoned for industrial or agricultural uses. In districts where the storage of explosive materials is permitted, the quantities of explosives and distances shall be in accordance with California Fire Code Section 5601.8.

M. Chapter 57, Flammable and Combustible Liquids.

Section 5703.3.1 is added to read:
5703.3.1 Facility Site Fire/Explosion/Hazardous Material Release Analysis Assessment. A fire Protection engineer (FPE) stamped risk assessment is required for each possible hazard risk associated with fire explosion, smoke, and toxicity associated with the possible incident at a facility that is identified as a bulk transfer/process/storage facility when required by the fire official. Refer to NFPA 550 & 551 for references.

Section 5704.2.9.6.1 is amended to read:
5704.2.9.6.1 Locations where above-ground tanks are prohibited. The storage of Class I and II liquids in above-ground tanks outside of buildings is prohibited in all zoning districts except districts zoned for commercial, industrial, or agricultural uses.

Exception: Protected above-ground tanks for the purpose of emergency power generator installations in areas zoned commercial, industrial, agricultural, central business district, rural or rural residential, and for facilities on an individual basis consistent with the intent of this provision. Tank size shall not exceed 500 gallons (1892.706 L) for Class I or II liquids, or 1,000 gallons (3785.412 L) for Class III liquids.

Section 5706.2.4.4 is amended to read:
5706.2.4.4 Locations where above-ground tanks are prohibited. Storage of Class I and II liquids in above-ground tanks is prohibited in all zoning districts except 1130
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districts zoned for commercial, industrial, or agricultural use.

N. Chapter 58, Flammable Gases and Flammable Cryogenic Fluids.

Section 5806.2 is amended to read:
5806.2 Limitation. The storage of flammable cryogenic fluids in stationary containers outside of buildings is prohibited in any area which is zoned for other than industrial use.

Exception: Liquid hydrogen fuel systems in compliance with section 5806.3 or 5806.4.

O. Chapter 61, Liquefied Petroleum Gases.

Section 6103.2.1.7 is amended in its entirety to read:
6103.2.1.7 Use for food preparation. Individual portable L-P containers used, stored, or handled inside a building classified as a Group A or Group B occupancy for the purposes of cooking, food display, or a similar use, shall be limited in size to one quart capacity and shall be of an approved type. The number of portable containers permitted will be at the discretion of the fire code official. LP-gas appliances used for food preparation shall be listed for such use in accordance with the California Mechanical Code and NFPA 58.

Section 6104.2 is amended to read:
6104.2 Maximum capacity within established limits. The storage of liquefied petroleum gas is prohibited in any central business district and in all zoning districts except districts zoned for commercial, industrial, rural, or agricultural uses. The aggregate capacity of any one installation used for the storage of liquefied petroleum gas shall not exceed a water capacity of 2,000 gallons (7570 L).

P. Chapter 80, Referenced Standards.

Chapter 80 is amended by adding the following referenced standards:

NFPA 3 (2021): Recommended Practice for Commissioning of Fire Protection and Life Safety Systems.

NFPA 850 (2020): Recommended Practice for Fire Protection for Electric Generating Plants and High Voltage Direct Current Converter Stations.

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

Section 7.7.1 is added to read:

7.7.1 Where CPVC pipe is installed above the normal insulation in an unconditioned 1131
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space, such as in an attic space, or a garage without conditioned living space above, CPVC pipe shall be adequately insulated to a minimum R-19 value, or equivalent, or pipe shall be limited to Type K or L copper, or ferrous piping.

Section 8.3.5.1.2 is amended to read:

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

Q. Appendix B, Fire-Flow Requirements for Buildings.

Section B105.2 is amended to read:

TABLE B105.2
Required Fire-Flow for Buildings Other
Than One- and
Two-Family Dwellings, Group R-3 and
R-4 Buildings and Townhouses

AUTOMATIC SPRINKLER

SYSTEM (DESIGN

STANDARD)

MINIMUM FIRE-FLOW
(GALLONS PER MINUTE)

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

R. Appendix C, Fire Hydrant Locations and Distribution.

Table C102.1 is amended as follows:

The title of Table C102.1 is amended to read:

TABLE C102.1 REQUIRED NUMBER AND SPACING OF FIRE HYDRANTS (footnote h and J)
The heading of the fourth column of Table C102.1 to read:
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MAXIMUM DISTANCE FROM ANY POINT ON STREET OR ROAD FRONTAGE TO A HYDRANT. (d,f,g,i)
Footnotes “i” and “j” are added to Table C102.1, to read:
i. A fire hydrant shall be provided within 250 feet of a fire trail access point off a public or private street.
j. For infill projects within existing single-family residential developments, Section 507.5.1 applies.

S. Appendix D, Fire Apparatus Access Roads.

Section D102.1 is amended to read:

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

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

Section D103.1 is deleted in its entirety.

Section D103.2 is amended to read:

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

Section D103.2.1 is added to read:

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

Section D103.3 is amended to read:

D103.3 Turning radius. Based on a minimum unobstructed width of 20 feet, a fire apparatus access roadway shall be capable of providing a minimum standard turning radius of 25 feet (7620 mm) inside and 45 feet (13716 mm) outside. 1133
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Figure D103.1 is amended to read:

Figure D103.1
Figure D103.1 Dead-end Fire Apparatus Access Road Turnaround Table D103.4 is amended to read:

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

MINIMUM
WIDTH
(feet)

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

Section D103.5 is amended as follows:

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

1. The minimum clear width shall be 20 feet (6096 mm).
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Exception: For access to one or two single-family dwellings, 16 feet clear width is acceptable.

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

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

Section D103.6.1 is amended to read:

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

Section D103.6.2 is amended to read:

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

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

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

Section D106.2 is deleted in its entirety.”
SECTION 9. GREEN BUILDING STANDARDS CODE
Chapter 15.22 of Title 15 of the City of Pittsburg Municipal Code is hereby repealed and replaced in its entirety to read as follows:
“Chapter 15.22

GREEN BUILDING STANDARDS CODE
Sections:

15.22.010 Adoption.

15.22.020 Violation – Penalty.

15.22.010 Adoption.

A. Pursuant to Sections 50022.1 to 50022.10, inclusive, of the Government Code, the city council adopts and enacts as the green building code of the city the 2022 California Green Building Standards Code (CGBSC), California Code of Regulations, Title 24, Part 11 (as published by the California Building Standards Commission). 1135
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B. One copy of the CGBSC is on file with the building division for use and examination by the public, along with changes, additions and deletions relating to sections of the CGBSC as set forth in this chapter. In addition, all subsequent supplements to the CGBSC and related publications are adopted by reference.

15.22.020 Violation – Penalty.

A violation of any provision under this chapter is punishable as a misdemeanor and upon conviction may be punished by a fine not more than $1,000 or by imprisonment in the county jail for not more than six months, or both.”
SECTION 10. CALIFORNIA RESIDENTIAL CODE
Chapter 15.26 of Title 15 of the City of Pittsburg Municipal Code is hereby repealed and replaced in its entirety to read as follows:
“Chapter 15.26

CALIFORNIA RESIDENTIAL CODE
Sections:

15.26.010 Adoption.

15.26.020 Violation – Penalty.

15.26.010 Adoption.

A. Pursuant to Sections 50022.1 to 50022.10, inclusive, of the Government Code, the city council adopts and enacts as the residential code of the city the 2022 California Residential Code (CRC), California Code of Regulations, Title 24, Part 2.5 (based upon the 2021 International Residential Code as published by the International Code Council).

B. One copy of the CRC is on file with the building division for use and examination by the public, along with changes, additions and deletions relating to sections of the CRC as set forth in this chapter. In addition, all subsequent supplements to the CRC and related publications are adopted by reference.

15.26.020 Violation – Penalty.

A violation of any provision under this chapter is punishable as a misdemeanor and upon conviction may be punished by a fine not more than $1,000 or by imprisonment in the county jail for not more than six months, or both.”
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SECTION 11. CALIFORNIA MECHANICAL CODE
Chapter 15.28 of Title15 of the City of Pittsburg Municipal Code is hereby repealed and replaced in its entirety to read as follows:
“Chapter 15.28

CALIFORNIA MECHANICAL CODE
Sections:

15.28.010 Adoption.

15.28.020 Applicant qualifications – Mechanical permit.

15.28.030 Adoption, Appendix Chapter 1, Administration.

15.28.040 Amendments, additions and deletions to the mechanical code.

15.28.050 Violation – Penalty.

15.28.010 Adoption.

A. Pursuant to Sections 50022.1 to 50022.10, inclusive, of the Government Code, the city council adopts and enacts as the mechanical code of the city the 2022 California Mechanical Code (CMC), California Code of Regulations, Title 24, Part 4, and Appendices (based on the 2021 Uniform Mechanical Code published by the International Association of Plumbing and Mechanical Officials).

B. One copy of the CMC is on file with the building division for use and examination by the public, along with changes, additions and deletions relating to sections of the CMC as set forth in this chapter. In addition, all subsequent supplements to the CMC and related publications are adopted by reference.

15.28.020 Applicant qualifications – Mechanical permit.

No permit shall be issued to any person to do or cause to be done any mechanical installations or related work regulated by this chapter unless such applicant qualifies under one of the following conditions:

A. Applicant possesses a valid, unexpired, and unrevoked mechanical contractor’s license issued to him or her under the applicable provisions of the Business and Professions Code of the state; or
B. Applicant is the bona fide owner of the premises, which premises consists of a single- family dwelling, duplex or single unit in a condominium complex used exclusively for living purposes, and all accessory buildings thereto; provided, that the owner or a member of his/her immediate family shall perform all labor pursuant to the permit.

15.28.030 Adoption, Appendix Chapter 1, Administration.

Appendix Chapter 1, Administration, 2022 California Building Code (Code of Regulations, Title 24, Part 2, Volume 2) is hereby adopted as the administrative chapter for the 1137
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mechanical code for the city of Pittsburg.

15.28.040 Amendments, additions, and deletions to the mechanical code.

Set forth below are the local amendments, additions, and deletions to the 2022 California Mechanical Code. Chapter and section numbers used herein are those of the 2022 California Mechanical Code.

Appendix Chapter 1 is hereby adopted as the administrative chapter for this code.

Reference is made to the Appendix Chapter 1, Administration, of the 2022 California Building Code, which is based on the 2021 International Building Code as published by the International Code Conference and amended by the city of Pittsburg. Where there is a conflict between administrative requirements of each code, the administrative requirements of the building code shall prevail.

Section 101.0, Title. The first sentence of Section 101.1 is hereby amended to read:

Section 101.1 This ordinance may be cited and shall be known as the “Mechanical Code of the City of Pittsburg.”
Section 104.5, Permit Issuance, is hereby amended to read:

Section 104.5.1 Applicant Qualifications. No permit shall be issued to any person to do or cause to be done any plumbing work regulated by this chapter unless such applicant qualifies under one of the following:

A. Applicant possesses a valid, unexpired, and unrevoked plumbing contractor’s license issued to him/her under the applicable provisions of the Business and Professions Code of the state; or
B. Applicant is the bona fide owner of the property, which property consists of a single- family dwelling, duplex or single unit in a condominium complex used exclusively as a dwelling, and all accessory buildings thereto; provided, that the owner or a member of his/her immediate family shall perform all labor pursuant to the permit.

Section 203, Definition of Terms, is hereby amended to read:

ADMINISTRATIVE AUTHORITY shall mean the City Building Official of the City of Pittsburg or his or her duly authorized representative. “CITY OF” or “THE CITY” shall refer to the City of Pittsburg as the text may require. “CITY COUNCIL” shall refer to the City Council of the City of Pittsburg.

15.28.050 Violation – Penalty.

A violation of any provision under this chapter is punishable as a misdemeanor and upon conviction may be punished by a fine not more than $1,000 or by imprisonment in the county jail for not more than six months, or both.”
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SECTION 12. CALIFORNIA PLUMBING CODE
Chapter 15.28 of Title 15 of the City of Pittsburg Municipal Code is hereby repealed and replaced in its entirety to read as follows:
“Chapter 15.32

CALIFORNIA PLUMBING CODE
Sections:

15.32.010 Adoption.

15.32.020 Permit – Applicant qualifications – Plumbing permit.

15.32.030 Backflow prevention valve.

15.32.040 Adoption, Appendix Chapter 1, Administration.

15.32.050 Amendments, additions, and deletions to the Uniform Plumbing Code.

15.32.060 Violation – Penalty.

15.32.010 Adoption.

A. Pursuant to Sections 50022.1 to 50022.10, inclusive, of the Government Code, the city council adopts and enacts as the plumbing code of the city the 2022 California Plumbing Code (CPC), California Code of Regulations, Title 24, Part 5, and Appendices (based on the 2021 Uniform Plumbing Code published by the International Association of Plumbing and Mechanical Officials).

B. One copy of the CPC is on file with the building division for use and examination by the public, along with changes, additions and deletions relating to sections of the CPC as set forth in this chapter. In addition, all subsequent supplements to the CPC and related publications are adopted by reference.

15.32.020 Permit – Applicant qualifications – Plumbing permit.

No permit shall be issued to any person to do or cause to be done any plumbing work regulated by this chapter unless such applicant qualifies under one of the following:

A. Applicant possesses a valid, unexpired, and unrevoked plumbing contractor’s license issued to him or her under the applicable provisions of the Business and Professions Code of the state; or
B. Applicant is the bona fide owner of the premises, which premises consists of a single- family dwelling, duplex or single unit in a condominium complex used exclusively for living purposes, and all accessory buildings thereto; provided, that the owner or a member of his/her immediate family shall perform all labor pursuant to the permit.

15.32.030 Backflow prevention valve.

All buildings and structures shall be protected from backflow of sewage by installing an approved type of backflow valve or device installed at the required sewer cleanout on the 1139
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lower end of the building drain. The installation of this device shall be approved by the building official.

15.32.040 Adoption, Appendix Chapter 1, Administration.

Appendix Chapter 1, Administration, 2022 California Building Code (Code of Regulations, Title 24, Part 2, Volume 2) is hereby adopted as the administrative chapter for the building codes for the city of Pittsburg.

15.32.050 Amendments, additions, and deletions to the Uniform Plumbing Code.

Set forth below are the local amendments, additions, and deletions to the 2022 California Plumbing Code. Chapter and section numbers used herein are those of the 2022 California Plumbing Code.

Reference is made to the Appendix Chapter 1, Administration, of 2022 California Building Code, which is based on the 2021 International Building Code as published by the International Code Conference and amended by the city of Pittsburg. Where there is a conflict between administrative requirements of each code the administrative requirements of the building code shall prevail.

Section 101.0, Title. The first sentence of Section 101.0 is hereby amended to read:

Section 101.0, Title. This ordinance may be cited and shall be known as the “Plumbing Code of the City of Pittsburg.”
Section 103.3, Permit Issuance, is hereby amended to read as follows:

Section 103.3 Permit Issuance.
103.3.1 Applicant Qualifications. No permit shall be issued to any person to do or cause to be done any plumbing work regulated by this chapter unless such applicant qualifies under one of the following:

C. Applicant possesses a valid, unexpired and unrevoked plumbing contractor’s license issued to him/her under the applicable provisions of the Business and Professions Code of the state; or
D. Applicant is the bona fide owner of the property, which property consists of a single-family dwelling, duplex or single unit in a condominium complex used exclusively as a dwelling, and all accessory buildings thereto; provided, that the owner or a member of his/her immediate family shall perform all labor pursuant to the permit.

Section 203, Definition of Terms, is amended by adding:

ADMINISTRATIVE AUTHORITY shall mean the City Building Official of the City of Pittsburg or his or her duly authorized representative. 1140
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“CITY OF” or “THE CITY” shall refer to the City of Pittsburg as the text may require. “CITY COUNCIL” shall refer to the City Council of the City of Pittsburg.

15.32.060 Violation – Penalty.

A violation of any provision under this chapter is punishable as a misdemeanor and upon conviction may be punished by a fine not more than $1,000 or by imprisonment in the county jail for not more than six months, or both.”
SECTION 13. CALIFORNIA EXISTING BUILDING CODE
Chapter 15.60 of Title15 of the City of Pittsburg Municipal Code is hereby repealed and replaced in its entirety to read as follows:
“Chapter 15.60

CALIFORNIA EXISTING BUILDING CODE
Sections:

15.60.010 Adoption.

15.60.020 Violation – Penalty.

15.60.010 – Adoption.

A. Pursuant to Sections 50022.1 to 50022.10, inclusive, of the Government Code, the city council adopts and enacts as the existing building code of the city the 2022 Existing Building Code (CEBC), California Code of Regulations, Title 24, Part 10 (based upon portions of the 2021 International Existing Building Code published by the International Code Council).

B. One copy of the CEBC is on file with the building division for use and examination by the public, along with changes, additions and deletions relating to sections of the CEBC as set forth in this chapter. In addition, all subsequent supplements to the CEBC and related publications are adopted by reference.

15.60.020 Violation – Penalty.

A violation of any provision under this chapter is punishable as a misdemeanor and upon conviction may be punished by a fine not more than $1,000 or by imprisonment in the county jail for not more than six months, or both.”
SECTION 14. CALIFORNIA ENERGY CODE
Chapter 15.64 of Title15 of the City of Pittsburg Municipal Code is hereby repealed and replaced in its entirety to read as follows:
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“Chapter 15.64

CALIFORNIA ENERGY CODE
Sections:

15.64.010 Adoption.

15.64.020 Violation – Penalty.

15.64.010 Adoption.

A. Pursuant to Sections 50022.1 to 50022.10, inclusive, of the Government Code, the city council adopts and enacts as the energy code of the city the 2022 California Energy Code, California Code of Regulations, Title 24, Part 10 (as published by the California Building Standards Commission).

B. One copy of the California Energy Code is on file with the building division for use and examination by the public, along with changes, additions and deletions relating to sections of the California Energy Code as set forth in this chapter. In addition, all subsequent supplements to the California Energy Code and related publications are adopted by reference.

15.64.020 Violation – Penalty.

A violation of any provision under this chapter is punishable as a misdemeanor and upon conviction may be punished by a fine not more than $1,000 or by imprisonment in the county jail for not more than six months, or both.”
SECTION 15. SEVERABILITY
If any section, subsection, subdivision, paragraph, sentence, clause, or phrase in this chapter or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the meaning portions of this chapter or any part thereof. The city council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof irrespective of the fact that any one or more subsection, subdivision, paragraphs, sentences, clauses, or phrases be declared unconstitutional, invalid, or ineffective.
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SECTION 16. PUBLICATION
The ordinance shall be posted and published in accordance with the California Government Code.

The foregoing ordinance was introduced at a meeting of the City Council of the City of Pittsburg held on, December 12, 2022, and was adopted and ordered published at a meeting of the City Council held on January 17, 2023, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:
________________________________
Shanelle Scales-Preston, Mayor
ATTEST:
______________________________
Alice E. Evenson, City Clerk
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OFFICE OF THE CITY MANAGER/EXECUTIVE DIRECTOR
65 Civic Avenue
Pittsburg, CA 94565
TO: Mayor and Council Members
FROM: Garrett Evans, City Manager
SUBJECT: Adoption of a City Council Resolution Authorizing the Execution of a Design Consultant Services Agreement for Project 2038—HSIP 10 Citywide Roadway Improvements
MEETING DATE: January 17, 2023

EXECUTIVE SUMMARY
The City has been awarded a Highway Safety Improvement Program (HSIP) 10 Grant in the amount of $2,965,700 for Project 2038—Citywide Roadway Improvements. This project includes the assessment and analysis of the existing conditions of traffic signage and striping for arterial roads throughout the City, and the preparation of plans, specifications, and a cost estimate suitable for public bidding. This resolution will authorize a Consultant Services Agreement with Kimley-Horn in the amount of $176,856.15 for project design.

FISCAL IMPACT
The Project is funded with $2,965,700 from the HSIP 10 Grant, and the design fee is $176,856.15.

RECOMMENDATION
Staff recommends that the City Council adopt the attached resolution authorizing a Consultant Services Agreement with Kimley-Horn for project design in an amount not to exceed $176,856.15.

BACKGROUND
On August 28, 2020, staff applied to the California Department of Transportation (Caltrans) for a grant from the Highway Safety Improvement Program (HSIP) 10 for traffic safety studies and improvements at multiple locations in the City.

On March 30, 2021, Caltrans notified staff that the City’s grant application was approved in the amount of $2,965,700.
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On August 16, 2021, the City Council adopted Resolution 21-13978 accepting the HSIP 10 Grant.

On November 3, 2022, the City released the Request for Proposals for design services.

On November 29, 2022, City received three proposals. The proposals were evaluated on each firm’s qualifications, their understanding of project requirements, the defined scope, and their design approach.

SUBCOMMITTEE FINDINGS
This item was not reviewed by a subcommittee.

STAFF ANALYSIS
Project 2038—HSIP 10 Citywide Roadway Improvements includes a roadway safety sign and striping audit, installation of new fluorescent street signs, and improvements to edge- line and centerline striping on 15 roadways.

Roadways slated to receive improvements include segments of Railroad Avenue, Kirker Pass Road, Willow Pass Road, Bailey Road, Pittsburg-Antioch Highway, East Leland Road, Loveridge Road, Buchanan Road, West 10th Street, East 10th Street, Harbor Street, North Parkside Drive, California Avenue, Century Boulevard, and East 14th Street.

This project is essential to help increase safety for motorists on the City's roadways.

ATTACHMENTS: Resolution
Design Agreement
Budget Summary
Report Prepared By: Andrew Peters, Assistant Engineer
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Resolution No. 23- Page 1 of 2 January 17, 2023

BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG
In the Matter of:

Adoption of a City Council Resolution ) RESOLUTION NO. 23- Authorizing the Execution of a Design )
Consultant Services Agreement )
for Project 2038—HSIP 10 )
Citywide Roadway Improvements )
WHEREAS, on August 28, 2020, staff applied to the California Department of Transportation (Caltrans) for a grant from the Highway Safety Improvement Program (HSIP) 10 for traffic safety studies and improvements at multiple locations in the City. The grant will fund Project 2038—HSIP 10 Citywide Roadway Improvements (the “Project”), which includes a roadway safety sign and striping audit, installation of new fluorescent street signs, and improvements to edge-line and centerline striping on 15 roadways; and WHEREAS, the Project includes design and installation of roadway signage and striping to portions of Railroad Avenue, Kirker Pass Road, Willow Pass Road, Bailey Road, Pittsburg-Antioch Highway, East Leland Road, Loveridge Road, Buchanan Road, West 10th Street, East 10th Street, Harbor Street, North Parkside Drive, California Avenue, Century Boulevard, and East 14th Street; and
WHEREAS, on August 16, 2021, the City Council adopted Resolution 21-13978 accepting the grant award in the amount of $2,965,700; and WHEREAS, on November 3, 2022, the City released the Request for Proposals for the Project; and
WHEREAS, on November 29, 2022, the City received three proposals. The proposals were evaluated on each firm’s qualifications, their understanding of project requirements, the defined scope, and their design approach; and WHEREAS, Kimley-Horn was chosen based on their design, and their fee of $176,856.15 was within the project budget.

NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby authorizes the City Manager to execute a Consultant Services Agreement with Kimley-Horn in an amount not to exceed $176,856.15 for the design Project 2038—HSIP 10 Citywide Roadway Improvements.
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Resolution No. 23- Page 2 of 2 January 17, 2023
PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 17th day of January 2023 by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:

Shanelle Scale-Preston, Mayor
ATTEST BY:

Alice E. Evenson, City Clerk
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Project Funding
Highway Safety Improvement Program 10 Grant $2,965,700
Funding Total $2,965,700
Project Expenditures:

Design: $176,856
(Code 2122)
Subtotal $176,856
Staff Time: Staff Design Management $15,000
(Code 1101)
Subtotal $15,000
Admin Overhead Staff Design Management $4,000
(Code 2372)
Subtotal $4,000
Estimated Total Expenditures $195,856
Remaining Balance $2,769,844
Design Engineering Consultant
Exhibit A - Project Budget Summary
Project 2038-HSIP 10 Citywide Roadway Improvements
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CONSULTING SERVICES AGREEMENT BETWEEN

THE CITY OF PITTSBURG AND
KIMLEY-HORN AND ASSOCIATES, INC.

THIS Agreement (“Agreement”) for consulting services is made by and between the City of Pittsburg, a municipal corporation (“City”) and Kimley-Horn and Associates, Inc., a California Corporation (“Consultant”) (together referred to as the “Parties”) as of January 17, 2023 (the “Effective Date”).

Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in the Scope of Work attached as Exhibit A, and incorporated herein, at the time and place and in the manner specified therein.

1.1 Term of Services. The term of this Agreement shall begin on the Effective Date and shall end on January 17, 2024, or the date the Consultant completes the services specified in Exhibit A, whichever occurs first, unless the term of the Agreement is otherwise terminated or extended, as referenced herein.

1.2 Standard of Performance. Consultant shall perform all services required pursuant to this Agreement according to the standards observed by a competent practitioner of the profession in which Consultant is engaged.

1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, requests in writing the reassignment of any such persons to ensure Consultant performs services in accordance with the Standard of Performance, Consultant shall, immediately upon receiving City’s request, reassign such persons.

1.4 Time. Consultant 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 herein above and to satisfy Consultant’s obligations hereunder.

Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed One Hundred Seventy -Six Thousand and Eight Hundred Fifty-Six Dollars and Fifteen Cents $(176,856.15), as set forth in Exhibit B, attached hereto and incorporated herein for services to be performed and reimbursable expenses incurred under this Agreement. This dollar amount is not a guarantee that the City will pay that full amount to the Consultant, but is merely a limit of potential City expenditures under this Agreement.
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Consultant and City acknowledge and agree that compensation paid by City to Consultant under this Agreement is based upon Consultant’s estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Consultant. Consequently, the parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Consultant 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. Consultant 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.

Invoices shall contain the following information, unless waived by the City Manager, or his or her designee:

▪ 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 total number of hours of work performed under the Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing services hereunder;
▪ The Consultant’s signature.

2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred. City shall pay undisputed invoices that comply with the above requirements within 30 days from the receipt of the invoice.

2.3 Final Payment. Consultant shall submit its final invoice within 60 days of completing its services. Consultant’s failure to submit its final invoice within this 60 day period shall constitute Consultant’s waiver of any further billings to, or payments from, City.

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2.4 Reimbursable Expenses. Reimbursable expenses, if any, are specified in Exhibit B and included in the total compensation referenced in Section

2. Expenses not listed in Exhibit B are not chargeable to, or reimbursable by, City.

2.5 Payment of Taxes. Consultant is solely responsible for the payment of all federal, state and local taxes, including employment taxes, incurred under this Agreement.

2.6 Authorization to Perform Services. The Consultant is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of a written authorization from the City Manager, or his or her designee.

Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Consultant 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, Consultant, 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 Consultant’s bid or proposal. Consultant shall be fully responsible for the acts and omissions of its subcontractors or other agents.

4.1 Workers’ Compensation. Consultant 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 Consultant in the amount required by applicable law. The requirement to maintain Statutory Workers’ Compensation and Employer’s Liability Insurance may be waived by the City upon written verification that Consultant 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. Consultant, 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 $2,000,000 per occurrence and $4,000,000 aggregate, combined single limit coverage for risks associated with the work contemplated by this Agreement.

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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.

Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (most recent edition) covering any auto (Code 1), or if Consultant has no owned autos, hired (code 8) and non-owned autos (Code 9). 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 and Automobile Liability 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 Consultant, including materials, parts, or equipment furnished in connection with such work or operations; or automobiles owned, leased,
hired, or borrowed by the Consultant. Coverage can be
provided in the form of an endorsement to the Consultant’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 Consultant’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
Consultant’s insurance and non-contributing.

d. The policy shall cover inter-insured suits and include a “separation of Insureds” or “severability” clause which treats each insured separately.

e. Consultant agrees to give at least 30 days prior written notice to City before coverage is canceled or modified as to scope or amount.

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4.3 Professional Liability Insurance.

4.3.1 General requirements. Consultant, 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 $1,000,000 per occurrence or claim covering the Consultant’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, Consultant must purchase an extended period 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 for review prior to the commencement of any work under this Agreement.

4.4 All Policies Requirements.

4.4.1 Submittal Requirements. Consultant 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 and Automobile Liability Polices.

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

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4.4.3 Deductibles and Self-Insured Retentions. Insurance obtained by the Consultant shall have a self-insured retention or deductible of no more than $100,000.

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. Consultant hereby agrees to waive subrogation which any insurer or contractor may require from Consultant by virtue of the payment of any loss. Consultant 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.

The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Consultant, its employees, agents, and subcontractors.

4.4.6 Subcontractors. Consultant 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 Consultant 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 Consultant maintains higher insurance limits than the minimums specified herein, City shall be entitled to coverage for the higher limits maintained by the Consultant.

4.5 Remedies. In addition to any other remedies City may have if Consultant 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 Consultant to stop work under this Agreement and withhold any payment that becomes due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof; and/or 3) terminate this Agreement.

Section 5. INDEMNIFICATION AND CONSULTANT’S RESPONSIBILITIES.

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5.1 General Indemnification. Consistent with California Civil Code Section 2782.8, Consultant shall, to the fullest extent permitted by law, indemnify, protect, defend and hold harmless City, and its employees, officials, and agents, from any and all demands, losses, claims, costs, liabilities, and expenses for any damage, injury, or death, including any and all administrative fines, penalties, or costs imposed as a result of an administrative proceeding, that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of Consultant, its officers, employees, agents, contractors, subconsultants, or any persons under its direction or control. If requested by City, Consultant shall defend any such suits at its sole cost and expense. If City elects to provide its own defense, Consultant shall reimburse City for any expenditures, including reasonable attorneys’ fees and costs. Consultants’ obligations under this section exist regardless of concurrent negligence or willful misconduct on the part of City or any other person; provided, however, that Consultant will not be required to indemnify, including the cost to defend, City for the proportion of liability a court determines does not arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of Consultant, its officers, employees, agents, contractors, subconsultants, or any persons under its direction or control. This Section 5.1 shall survive any expiration or termination of this Agreement.

5.2 PERS Indemnification. In the event that Consultant or any employee, agent, or subcontractor of Consultant 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, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant 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 CONSULTANT.

6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City.

6.2 Consultant Not an Agent. Except as City may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever.
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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. Consultant and any subcontractors shall comply with all laws applicable to the performance of the work hereunder. Consultant shall also, to the extent required by the California Labor Code, pay not less than the latest prevailing wage rates as determined by the California Department of Industrial Relations.

7.3 Licenses and Permits. Consultant represents and warrants to City that Consultant and its employees, agents, and any subcontractors have, and will maintain at their sole cost and expense, all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid business licenses from City.

7.4 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the basis of a person’s race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, genetic information, marital status, sex, sexual orientation, gender or gender identity, 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 Consultant under this Agreement. Consultant 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 Consultant thereby.

Section 8. TERMINATION AND MODIFICATION.

8.1 Termination. Upon ten days’ prior written notice, City may cancel this Agreement at any time and without cause upon such written notification to Consultant. In the event of termination, Consultant shall be entitled to compensation for services performed to the effective date of termination; City, however, may condition payment of such compensation upon Consultant delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to 1156

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Consultant or prepared by or for Consultant or the City in connection with this Agreement.

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

8.3 Assignment and Subcontracting. City and Consultant recognize and agree that this Agreement contemplates personal performance by Consultant and is based upon a determination of Consultant’s unique personal competence, experience, and specialized personal knowledge.

Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Consultant. Consultant may not assign this Agreement or any interest therein without the prior written approval of the City Manager, or his or her designee. Consultant 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 Manager, or his or her designee.

8.4 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Consultant, including but not limited to the provisions of Section 5, shall survive the termination of this Agreement.

8.5 Options upon Breach by Consultant. If Consultant 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 other work product prepared by Consultant pursuant to this Agreement;

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

8.5.4 Charge Consultant 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 Consultant pursuant to Section 2 if Consultant had completed the work.

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delay in exercising any remedy shall not constitute a waiver of such remedy or preclude the further exercise of City’s rights.

Section 9. KEEPING AND STATUS OF RECORDS.

9.1 Records Created as Part of Consultant’s Performance. All final versions of 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 Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City.

Consultant hereby agrees to deliver those documents to the City upon termination of the Agreement, and the City may use, reuse or otherwise dispose of the documents without Consultant’s permission. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use. City and Consultant agree that, until final approval by City, all data, plans, specifications, reports and other documents are confidential drafts and will not be released to third parties by Consultant without prior written approval of City.

9.2 Consultant’s Books and Records. Consultant 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 3 years, or for any longer period required by law, from the date of final payment to the Consultant to this Agreement. All such records shall be maintained in accordance with generally accepted accounting principles and shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of the City. Pursuant to Government Code Section 8546.7, the Agreement may be subject to the examination and audit of the State Auditor for a period of 3 years after final payment under the Agreement.

Section 10 MISCELLANEOUS PROVISIONS.

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.

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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 Contra Costa County or in the United States District 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.

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

Consultant 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.

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

10.8 Notices. Any notice, demand, request, consent or approval that either party is required to give the other pursuant to this Agreement, shall be in writing and may be given by either (i) personal service, or (ii) certified United States mail, postage prepaid, return receipt requested, Notice shall be effective upon personal delivery or delivery to the addresses specified below, as reflected on the receipt of delivery or return receipt, as applicable.

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Consultant: Kimley-Horn and Associates, Inc.
555 Capitol Mall, Suite 300
Sacramento, CA 95814

City: City of Pittsburg
65 Civic Avenue
Pittsburg, CA 94565
ATTN: City Manager

10.9 Professional Seal. Where applicable in the determination of the City Manager, or his or her designee, 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. The stamp/seal shall be in a block entitled “Seal and Signature of Registered Professional with report/design responsibility.”

10.10 Integration. This Agreement, including the scope of work attached hereto and incorporated herein as Exhibits A and B represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral.

To the extent there are any inconsistences between this Agreement, the Exhibits, and Consultant’s proposal, the Agreement shall control. To the extent there are any inconsistences between the Exhibits and the Consultant’s Proposal, the Exhibits shall control.

Exhibit A Scope of Services
Exhibit B Compensation Schedule

10.11 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.

10.12 Construction of Agreement. Each party hereto has had an equivalent opportunity to participate in the drafting of the agreement and/or to consult with legal counsel. Therefore, the usual construction of an agreement against the drafting party shall not apply hereto.

10.13 No Third Party Beneficiaries. This Agreement is made solely for the benefit of the parties hereto, with no intent to benefit any third parties.

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Page 13 of 13 ends

The Parties have executed this Agreement as of the Effective Date.

CITY OF PITTSBURG CONSULTANT

____________________________ ______________________________ Garrett Evans, City Manager Matthew D. Weir, P.E, T.E, PTOE, RSP

Attest:

____________________________
Alice Evenson, City Clerk

Approved as to Form:

____________________________
Donna Mooney, City Attorney

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EXHIBIT A

SCOPE OF SERVICES

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EXHIBIT B

COMPENSATION SCHEDULE

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CERTIFICATE OF COMPLIANCE WITH LABOR CODE § 3700

I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.

CONSULTANT

By:

Title:
2784982.1
1164
Professional Services for Contract 2021-18

CITYWIDE ROADWAY IMPROVEMENTS
Project 2038

PROPOSAL FOR
Prepared for: Prepared by:
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City of Pittsburg | RSRD86032.2022 i
Cover Letter
November 29, 2022

Bruce Zaeni, P.E.

City of Pittsburg Public Works Department
65 Civic Avenue
Pittsburg, CA 94565

RE: Proposal for Citywide Roadway Improvements Project (Project 2038) Dear Mr. Zaeni and Members of the Selection Committee:

The City of Pittsburg’s recent endeavor to inventory and evaluate the horizontal curves within the City’s roadway network creates a unique opportunity to proactively improve safety for the motoring public. We understand that you have numerous arterial and collector routes where a horizontal curve exists but do not have horizontal alignment warning signs or advisory speed plaques. Through your own evaluation, you have determined that all horizontal curves within the City must be surveyed and analyzed to determine the need for appropriate warning signing in order for the City’s roads to be in compliance with California’s Manual on Uniform Traffic Control Devices (CA MUTCD) requirements. This project uniquely positions you to comprehensively address this important safety consideration using distinct, proven data inventory and analysis techniques to evaluate and enhance these signs. The Kimley-Horn team has the experience, tools, and availability to provide the City with the expertise and level of service this project requires.

Our team brings extensive recent experience working with seven other Northern California agencies on their Roadway Safety Sign Audit (RSSA) projects which included similar horizontal curve analyses: Marin County, Monterey County, Stanislaus County, Placer County, Nevada County, Calaveras County, and City of Sunnyvale. We are excited about the opportunity to bring our deep RSSA knowledge and experience to your project. Through our work on these projects—experience unique to the Kimley-Horn team—we are able to offer the City the benefit of our team’s continually evolving data collection and signing attribute processing, streamlined data exchange between team members, and curve warning data evaluation.

The Kimley-Horn team offers the City a proven approach to completing this project. Through our well- established partnership with Mark Thomas & Company, Inc., we propose to collect the majority of the field data electronically. This approach dramatically reduces the amount of required field time and manual data collection while establishing a thorough inventory for use on this and future projects. We propose the use of Rieker’s electronic ball-bank equipment and a Curve Advisory Reporting System (CARS) to seamlessly collect curve data—all while traveling the corridors once in each direction at prevailing speeds. By limiting the amount of time required to collect the data through this automated process, we will be more available to appropriately evaluate and recommend prioritized safety improvements within the budget and schedule constraints of the project.

555 Capitol Mall
Suite 300
Sacramento, CA 95814
TEL 916.859.3617
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City of Pittsburg | RSRD86032.2022 ii
Our project manager, Robert Paderna, P.E., RSP1, brings over 17 years of focused experience in traffic and safety analyses, traffic design, and traffic operations–all of which are vital to the successful completion of this project. Robert is supported by a team of experts, each of whom has direct experience with the services required to successfully complete this project.

We appreciate your consideration of our team and approach to assisting the City of Pittsburg with this important safety project. Robert will lead our project team and will be the primary point of contact for the City. He can be reached at the address on the previous page, by phone at 916.859.3610, or via email at [email protected].

Sincerely,
KIMLEY-HORN AND ASSOCIATES, INC.

Robert V. Paderna, P.E., RSP1 Matthew D. Weir, P.E., T.E., PTOE, RSP1 Project Manager/Associate Vice President/Principal-in-Charge

*Matthew Weir is an officer of Kimley-Horn and is fully authorized to contractually bind the firm.

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City of Pittsburg | RSRD86032.2022 iii
Table of Contents
Cover Letter ........................................................................................................................................ i Table of Contents .............................................................................................................................. iii

1. Introduction .................................................................................................................................... 1

2. Qualifications of Firm and Assigned Staff.......................................................................................... 2

3. Work Statement ............................................................................................................................ 13

4. Schedule ...................................................................................................................................... 20

5. Total Budget and Fee .................................................................................................................... 21

6. Subconsultants ............................................................................................................................. 21

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City of Pittsburg | RSRD86032.2022 1

1. Introduction
Project Understanding
The City of Pittsburg has identified the need to perform a comprehensive inventory and evaluation of existing traffic signage and striping along 14 roadway segments within the City in an effort to improve roadway safety. As part of the development of this project, the City identified specific segments along the 14 project roadways (listed below) in which regulatory and warning signage is to be inventoried and evaluated to identify appropriate improvements to be in compliance with the California Manual on Uniform Traffic Control Devices (CA MUTCD) requirements and guidance. Based on our preliminary desktop review of a few curves included in the project, existing warning signage appears to be located too close to the beginning of curves and would need to be relocated to provide sufficient advanced warning distance.

The outcome of this project will provide recommended improvements including sign replacement, relocation, removal, and installation of new signs where missing based on guidance in the CA MUTCD.

Through our unique experience on several Roadway Safety Signing Audit (RSSA) and other safety projects, Kimley-Horn has developed an efficient and accurate approach to performing data collection and signing and striping attribute processing, curve warning sign assessment, and development of recommendations. This unique approach is highlighted by the use of Rieker’s electronic ball-bank equipment and a Curve Advisory Reporting System (CARS) to collect curve data. Furthermore, our team has developed a streamlined approach to performing the sign data analysis and development of recommendations. The Scope of Work in Section 3 outlines our proposed approach, tasks, and deliverables.

Project Locations:

1. Railroad Avenue

2. Kirker Pass Road

3. Willow Pass Road/West 10th Street

4. Bailey Road

5. Pittsburg-Antioch Highway

6. East Leland Road

7. Loveridge Road

8. Buchanan Road

9. East 10th Street

10. Harbor Street

11. North Parkside Drive

12. California Avenue

13. Century Boulevard

14. East 14th Street
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City of Pittsburg | RSRD86032.2022 2

2. Q ualifications of Firm and Assigned Staff
Firm Description
Incorporated in 1967, Kimley-Horn is a full-
service planning, civil engineering, and
environmental firm with more than 6,100
employees nationwide. With a well-established
local presence through our five Northern
California offices—Sacramento, San Jose, San
Mateo, Pleasanton, and Oakland—and with more
than 600 staff in California, we support all phases
of projects, from the initial planning stages
through final design and construction
administration. We provide our clients with the
local knowledge and responsiveness of a small
organization, backed by the extensive resources of a nationally ranked engineering firm staffed by committed project managers and technical and support staff who believe in personalized client service.

Our long-term association with public municipalities has provided us with comprehensive project experience and knowledge. We offer complete traffic and civil engineering services in-house and have completed thousands of traffic engineering and operations projects ranging from major area-wide signal systems involving hundreds of intersections to single intersection safety audits, designs, and analyses. In summary, Kimley-Horn offers in-house expertise for the following general service areas:
• Traffic Operations and Safety Studies
• Signing and Pavement Marking Studies
and Plans
• Traffic Calming
• Civil Roadway Engineering
• Structural Engineering and Design
• Intelligent Transportation Systems (ITS)
Planning and Design
Project Team
Through a combination of effective project management and technical expertise, Kimley-Horn has a long history of achieving successful results. We understand that when you choose a consultant, you are looking to choose the people who will bring you technical expertise, hands-on experience with similar projects, and the commitment to a high standard of quality and client service to make your project as successful as you have envisioned. That’s why we’ve carefully considered the composition of our team, identifying only the most qualified personnel with recent, relevant project experience to be able to work with you.

Our team will be led by Robert Paderna, P.E., RSP1, a successful project manager known as a “go-to” resource to local agencies requiring a traffic engineering consultant to provide quality, expedient transportation services. Robert has over 17 years of experience working with members of the proposed project team. He will be the primary point of contact with the City and will lead a talented group of in- house transportation specialists to assist the City on this project. In addition, he will direct, oversee, and review all work completed by our subconsultant, Mark Thomas. 1170

City of Pittsburg | RSRD86032.2022 3
Our organizational chart is provided below. This chart identifies our key staff and their individual areas of responsibility. If selected, the team identified below will be dedicated to this project from start to finish.

Resumes for key team members—highlighting their qualifications and experience with similar projects in the past 10 years—are provided on the following page.

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City of Pittsburg | RSRD86032.2022 4
Robert Paderna, P.E. , RSP 1
Project Manager
Robert has over 17 years of experience in
transportation and traffic engineering projects
throughout Northern California. His recent
experience includes managing several Roadway Safety Sign Audits (RSSAs) throughout the state, as well as engineering and traffic surveys, local roadway safety plans, traffic calming, pedestrian facilities planning and design, preparation of PS&E for traffic signals (new and modified), signing and striping, street and highway lighting, traffic operations systems/ITS, and traffic control. Robert is skilled in the application of CA-MUTCD guidelines, ADA guidelines, Caltrans’ HDM and Standard Plans.

Relevant Experience
• Traffic Sign Inventory and RSSA, Marin County, CA – Project Manager for an HSIP funded project for the inventory, assessment, and development of recommendations for regulatory and warning signage along 21 arterial roadways and 37 collector roadways. The Kimley-Horn and Mark Thomas team collected sign attribute data along all project roadways by driving the approximately 163-miles once in both directions using a mobile LiDAR scanner mounted on a scan vehicle. Simultaneously, ball-bank data is being collected using an electronic ball-bank indicator mounted in the scan vehicle. A sign retroreflectivity evaluation will be performed using a nighttime visual assessment method conducted by certified staff. Kimley-Horn will evaluate the sign attributes of approximately 2,000 regulatory and curve warning signs to determine whether they are in compliance with the current CA-MUTCD. As part of the evaluation, the data collected will be used to make recommendations and develop exhibits which denote removal, relocation, replacement, and installation of new signs.
• HSIP Grant Design of Striping, Curve Assessments, and Signage, Stanislaus County, CA – Project Manager for a project to address systemic traffic safety issues along 177 miles of County roadways in Stanislaus County. Recently the County was awarded two HSIP grants that allow the County to analyze these traffic issues and enhance visibility along their roadway network. Our team is assisting the County with data collection, engineering design, and preparation of 100% contract documents consisting of PS&E for the curve assessments, signage, and striping for the project. In addition, our team is providing environmental studies to assist the County to obtain required state and federal environmental permits and authorizations and to meet the requirements of the HSIP grant funding.
• Countywide RSSA, Monterey County, CA – Deputy Project Manager for a countywide project funded by an HSIP grant that allows the County to proactively address roadway safety through systemic warning sign enhancements along 29 roadways. This grant represents only one of a select number of HSIP grants awarded by Caltrans for the purpose of performing an RSSA. The project includes approximately 250-miles along which regulatory and warning signs are being inventoried, and limited consideration is being given to stopping and corner sight distance at roadway/driveway connections and stopping/passing sight distance analyses. This RSSA project provides the County with the opportunity to avoid “spot treatments” which have a tendency to miss similar conditions that may exist elsewhere in the network. Other similar situations likely have an equal potential for collisions which may not have occurred yet. Accordingly, this RSSA process is intended to identify these similar locations and recommend similar safety solutions. • RSSA and Sign Upgrade, Placer County, CA – Deputy Project Manager for a comprehensive RSSA and Sign Upgrade project. This project, just the second project of its type funded through Professional Credentials
• Bachelor of Science,
Civil Engineering, San
Jose State University
• Professional Engineer
in California #73262
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City of Pittsburg | RSRD86032.2022 5
Caltrans’ HHSIP, proactively addressed roadway safety, with an emphasis on signing along critical transportation facilities. The Kimley-Horn team collected sign locations and other key attributes for each of the study segments by driving the approximately 175-miles once in both directions using a mobile LiDAR scanner mounted on a scan vehicle. Simultaneously, ball-bank data was collected using an electronic ball-bank indicator mounted in the scan vehicle. This RSSA project provided the County with the opportunity to avoid “spot treatments” which have a tendency to miss similar conditions that may exist elsewhere in the network. Other similar conditions have an equal potential for collisions which may not have occurred yet. Accordingly, this RSSA process has identified these similar locations and recommended similar safety solutions.
• RSSA Phase I and II, Nevada County, CA – Deputy Project Manager for both phases of this RSSA project. Through an HSIP grant, this project proactively addressed roadway safety, with an emphasis on signing, along critical transportation facilities. The Kimley-Horn team collected sign locations and other key attributes for each of the study segments by driving the approximately 50- miles once in both directions using a mobile LiDAR scanner mounted on a scan vehicle.

Simultaneously, ball-bank data was collected using an electronic ball-bank indicator mounted in the scan vehicle. Through evaluation, the final recommendations were divided into two phases, the first removing 318 signs and replacing 221 signs. The second phase included relocating 11 signs and installing 403 new signs.
• Engineering Study to Recommend and Evaluate Existing Advisory Speed at Horizontal Curves Citywide in Compliance with CA-MUTCD, Sunnyvale, CA – Project Manager. Kimley- Horn supported the City of Sunnyvale in performing a comprehensive inventory and evaluation of horizontal curves and associated regulatory and warning signage throughout the City. The Kimley-Horn team collected sign attribute data along all project roadways, along with simultaneously collecting ball-bank data using a Rieker Curve Advisory Reporting System (CARS) and electronic ball-bank indicator. We performed the sign evaluation to determine whether the signage was in compliance with the current CA MUTCD requirements and recommendations. As an outcome of our evaluation, we developed sign recommendations which included sign relocation, replacement, and installation of new signs. • Citywide Uncontrolled Crossings Evaluation and Prioritization, San Rafael, CA – Project Manager. Kimley-Horn supported the City of San Rafael with the evaluation and prioritization of pedestrian safety improvements at 50 uncontrolled crosswalks throughout the City. We collected traffic counts and performed extensive field work, including sight distance measurements and assessment of street lighting during nighttime conditions. Utilizing the data collected, Kimley-Horn developed scoring criteria to rank each of the study locations and prioritize near- and long-term improvements. The scoring criteria included collisions, sight distance, proximity to schools and senior centers, 85th percentile travel speeds, pedestrian volumes, bicycle volumes, delay, street lighting conditions, and community feedback. Kimley-Horn also developed an Uncontrolled Crosswalk Treatment Toolbox guidance document which identified a menu of pedestrian safety- related improvements ranging from high-visibility crosswalk striping and signage to installation of High Intensity Activated Crosswalk (HAWK) signals. The toolbox was used to identify specific improvements at each of the uncontrolled crosswalk study locations. 1173

City of Pittsburg | RSRD86032.2022 6
Matt Weir, P.E., T.E., PTOE , RSP 1
Principal-In-Charge
Matt is a transportation professional with more
than 20 years of experience in the planning and
design of traffic engineering projects. His primary
experience includes safety studies, traffic operations studies, traffic impact analyses, traffic signal design, parking planning, signal timing development and ITS planning. He has been responsible for the development of multiple comprehensive roadway safety assessments, including signing and striping, signal and timing, and Safe Routes to Schools projects. Matt has proven experience in managing projects similar to the City’s project, a strong familiarity with CA-MUTCD standards, and an overall commitment to roadway safety.

Relevant Experience
• Traffic Sign Inventory and RSSA, Marin County, CA –
Principal-in-Charge for an HSIP funded project for the inventory, assessment, and development of recommendations for
regulatory and warning signage along 21 arterial roadways and 37 collector roadways. The Kimley-Horn and Mark Thomas team collected sign attribute data along all project roadways by driving the approximately 163-miles once in both directions using a mobile LiDAR scanner mounted on a scan vehicle. Simultaneously, ball-bank data is being collected using an electronic ball-bank indicator mounted in the scan vehicle. A sign retroreflectivity evaluation will be performed using a nighttime visual assessment method conducted by certified staff. Kimley-Horn will evaluate the sign attributes of approximately 2,000 regulatory and curve warning signs to determine whether they are in compliance with the current CA-MUTCD. As part of the evaluation, the data collected will be used to make recommendations and develop exhibits which denote removal, relocation, replacement, and installation of new signs. • HSIP Grant Design of Striping, Curve Assessments, and Signage, Stanislaus County, CA – Principal-in-Charge for a project to address systemic traffic safety issues along 177 miles of County roadways in Stanislaus County. Recently the County was awarded two HSIP grants that allow the County to analyze these traffic issues and enhance visibility along their roadway network. Our team is assisting the County with data collection, engineering design, and preparation of 100% contract documents consisting of PS&E for the curve assessments, signage, and striping for the project. In addition, our team is providing environmental studies to assist the County to obtain required state and federal environmental permits and authorizations and to meet the requirements of the HSIP grant funding.
• Engineering Study to Recommend and Evaluate Existing Advisory Speed at Horizontal Curves Citywide in Compliance with CA-MUTCD, Sunnyvale, CA – Principal-in-Charge.

Kimley-Horn supported the City of Sunnyvale in performing a comprehensive inventory and evaluation of horizontal curves and associated regulatory and warning signage throughout the City. The Kimley-Horn team collected sign attribute data along all project roadways, along with simultaneously collecting ball-bank data using a Rieker Curve Advisory Reporting System (CARS) and electronic ball-bank indicator. We performed the sign evaluation to determine whether the signage was in compliance with the current CA MUTCD requirements and recommendations. As an outcome of our evaluation, we developed sign recommendations which included sign relocation, replacement, and installation of new signs.

Professional Credentials
• Master of Science, Civil
Engineering
(Transportation
Systems), Georgia
Institute of Technology
• Bachelor of Science,
Civil Engineering,
Clemson University
• Professional Engineer
in California #70216
• Traffic Engineer in
California #2424
• Professional Traffic
Operations Engineer
#2827
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City of Pittsburg | RSRD86032.2022 7
• RSSA and Sign Upgrade, Placer County, CA – Project Manager for a comprehensive RSSA and Sign Upgrade project. This project, just the second project of its type funded through Caltrans’ HHSIP, proactively addressed roadway safety, with an emphasis on signing along critical transportation facilities. The Kimley-Horn team collected sign locations and other key attributes for each of the study segments by driving the approximately 175-miles once in both directions using a mobile LiDAR scanner mounted on a scan vehicle. Simultaneously, ball-bank data was collected using an electronic ball-bank indicator mounted in the scan vehicle. This RSSA project provided the County with the opportunity to avoid “spot treatments” which have a tendency to miss similar conditions that may exist elsewhere in the network. Other similar conditions have an equal potential for collisions which may not have occurred yet. Accordingly, this RSSA process has identified these similar locations and recommended similar safety solutions.
• RSSA Phase I and II, Nevada County, CA – Project Manager for both phases of this RSSA project. Through an HSIP grant, this project proactively addressed roadway safety, with an emphasis on signing, along critical transportation facilities. The Kimley-Horn team collected sign locations and other key attributes for each of the study segments by driving the approximately 50- miles once in both directions using a mobile LiDAR scanner mounted on a scan vehicle.

Simultaneously, ball-bank data was collected using an electronic ball-bank indicator mounted in the scan vehicle. Through evaluation, the final recommendations were divided into two phases, the first removing 318 signs and replacing 221 signs. The second phase included relocating 11 signs and installing 403 new signs.
• Countywide RSSA Project, Calaveras County, CA – Principal-in-Charge for a project to address systemic traffic safety issues along approximately 220 miles of County roadways in Calaveras County. Recently, the County was awarded an HSIP grant that allows the County to comprehensively evaluate regulatory and warning signage along their roadway network. Our team is assisting the County with data collection, sign evaluation and development of recommendations, engineering design, and preparation of plans, specifications, and engineer’s estimate of probable construction costs (PS&E). In addition, we are completing environmental studies to assist the County with obtaining required state and federal environmental permits and authorizations and to meet the requirements of the HSIP grant funding. • Safety Assessment of East Natoma Street and Blue Ravine Road, Folsom, CA – Project Manager for this traffic engineering project identifying multimodal safety improvements along the East Natoma Street and Blue Ravine Road corridors. As part of this project, our team has implemented robust, automated data collection methods including Mobile LiDar for sign inventory/analysis and intersection sight distance (ISD) analysis; Rieker’s Curve Advisory Reporting System (CARS) for automated ball bank analysis along horizontal curves; and field testing of High Friction Surface Treatment (HFST). This comprehensive and cost-effective approach to data collection, coupled with application of sound civil and traffic engineering principles, has enabled us to produce a comprehensive safety assessment of both roadway corridors. As part of the assessment, Kimley-Horn performed traffic signal control warrants, traffic operations analysis, comprehensive review of historical collision data, and conducted field observations in support of development of recommended multi-modal safety improvements. The results of the safety assessment with conceptual level exhibits illustrating recommended improvements will be documented in a Final Project Report.

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Curtis Yee, EIT
Deputy Project Manager
Curtis is a transportation analyst with experience
in transportation design throughout Northern
California. Curtis has worked on projects in
which he supported tasks including data collection, temporary traffic control, and preparing PS&E for traffic signals, communications, and street lighting. He is proficient in AutoCAD, AGI, and Synchro. He is also adept in application of California Manual on Uniform traffic Control Devices (CAMUTCD) guidelines and Caltrans Standard Plans and Specifications.

Relevant Experience
• HSIP Grant Design of Striping, Curve Assessments and Signage, Modesto, CA – Analyst.

Kimley-Horn is currently working with the County of Stanislaus to address their systemic traffic safety issues along 177 miles of County roadways. Recently the County was awarded two Highway Safety Improvement Program (HSIP) grants that allow the County to analyze these traffic issues and enhance visibility along their roadway network. Our team is assisting the County with data collection, engineering design and preparation of 100% contract documents consisting of plans, specifications, and cost estimates (PS&E) for the Curve Assessments, Signage, and Striping for the project. In addition, our team is providing environmental studies to assist the County to obtain required State and Federal environmental permits and authorizations and to meet the requirements of the HSIP grant funding.
• Engineering Study to Recommend and Evaluate Existing Advisory Speed at Horizontal Curves Citywide in Compliance with CA-MUTCD, Sunnyvale, CA – Analyst. Kimley-Horn supported the City of Sunnyvale in performing a comprehensive inventory and evaluation of horizontal curves and associated regulatory and warning signage throughout the City. The Kimley-Horn team collected sign attribute data along all project roadways, along with simultaneously collecting ball-bank data using a Rieker Curve Advisory Reporting System (CARS) and electronic ball-bank indicator. We performed the sign evaluation to determine whether the signage was in compliance with the current CA MUTCD requirements and recommendations. As an outcome of our evaluation, we developed sign recommendations which included sign relocation, replacement, and installation of new signs. • Horizontal Curve Assessment, Riverside County, CA – Project Engineer. Kimley-Horn has been selected to assist the County of Riverside to inventory and evaluate the horizontal curves within the County's roadway system. Project objectives include improving driver awareness and overall safety for the motoring public. There are numerous roadways throughout the County with horizontal curves that do not have horizontal alignment warning signs and/or advisory speed plaques installed in conformance with the latest CA MUTCD requirements. • HSIP Cycle 9 Hybrid Pedestrian Beacon Design Services, Vallejo, CA – Analyst. The City of Vallejo was awarded an HSIP grant to improve pedestrian safety at five critical, uncontrolled crossings by installing new Pedestrian Hybrid Beacons (PHB), or HAWK signals. The HAWK signal design includes traffic signal controller cabinets, service enclosures, communications, signal poles and mast arms, PHB signal heads, signage, pedestrian push buttons, pull boxes, conduits, and conductors. Several locations were right-of-way constrained and required reconstruction of curb ramps to conform with current ADA design standards. Kimley-Horn's design also accommodated a future road diet along the Springs Road corridor where the current Professional Credentials
• Bachelor of Science,
Civil Engineering,
California Polytechnic
State University, San
Luis Obispo
• Engineer-in-Training
(EIT) #163265
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City of Pittsburg | RSRD86032.2022 9
four-lane undivided cross section would be modified to a three-lane cross section with Class II bike lanes. Signal heads and loop detectors were designed to accommodate the ultimate lane configuration with road diet.
• Safety Assessment of East Natoma Street and Blue Ravine Road, Folsom, CA – Analyst.

Kimley-Horn provided traffic engineering services to identify multi-modal safety improvements along the East Natoma Street and Blue Ravine Road corridors. As part of this project, our team implemented robust, automated data collection methods including Mobile LiDar for sign inventory/analysis and intersection sight distance (ISD) analysis; Rieker's Curve Advisory Reporting System (CARS) for automated ball bank analysis along horizontal curves; and field testing of High Friction Surface Treatment (HFST). This comprehensive and cost-effective approach to data collection, coupled with application of sound civil and traffic engineering principles, enabled Kimley-Horn to produce a comprehensive safety assessment of both roadway corridors. As part of the assessment, Kimley-Horn performed traffic signal control warrants, traffic operations analysis, comprehensive review of historical collision data, and conducted field observations in support of development of recommended multi-modal safety improvements. The results of the safety assessment with conceptual level exhibits illustrating recommended improvements were documented in a Final Project Report. • Citywide Signal Upgrade and Pedestrian Improvements Project, Watsonville, CA – Analyst.

Kimley-Horn supported the City of Watsonville with preparation of plans, specifications, and estimate (PS&E) for pedestrian improvements and traffic signal upgrades at 23 signalized intersections. The City was awarded Highway Safety Improvement Program (HSIP) funds to design and construct the improvements geared to improve pedestrian safety and accessibility.

Improvements included curb ramp reconstruction, replacement of pedestrian push buttons to accessible pedestrian signals (APS), replacement of pedestrian heads to countdown heads, relocation of traffic signal poles and pedestrian push buttons, and intersection restriping.

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City of Pittsburg | RSRD86032.2022 10
Matt has more than 24 years of experience; including assets inventory, control, topographic, right of way, and boundary surveys. Matt worked with Kimley Horn on the first Roadway Safety Sign Audit projects in California.

Matt’s team helped develop and implement the merge of technologies that have successfully delivered more than 10 RSSA and 6 sign inventory projects in California, including Caltrans districts, Counties and Cities. Many of the survey reports produced on these projects undergo State review for accuracy and procedures.

REPRESENTATIVE PROJECTS

ROADWAY SAFETY SIGNING AND STRIPING AUDIT,

MONTEREY COUNTY
Project manager for Monterey County RSSA project
along 250 Centerline miles. The project includes the
collection of mobile LiDAR and the extraction of
approximately 4000 signs. This involved creating
survey route maps for data collection, creating and
managing project data in a geodatabase format,
and managing quality control during extraction and
for the final sign inventory. Additional data
collection included sign retro-reflectivity via the
FHWA nighttime visual assessment method as well
as digital ball bank data acquisition and curve
advisory speed reporting using the Rieker CARS
system on around 1,000 curves.

ROAD SAFETY SIGN AUDIT PHASE 2, NEVADA COUNTY
Survey manager for the Nevada County RSSA
along 130 Centerline miles. Tasks include directing
subconsultants for the collection of Mobile LiDAR
(MLS) for the extraction of approximately 2,800
signs, and digital retroreflectivity assessments using
a handheld retroreflecometer. These tasks involved
acquiring base data and creating survey route
maps for data collection, the creation of a project
geodatabase to manage project datasets, and
quality control for the project data inventories.

Other tasks included the collection of curve
advisory speed data using the Rieker CARS system
on all project centerlines totaling around 800
curves. Additionally, performed advanced spatial
queries for sign and curve location analysis.

TRAFFIC SIGN INVENTORY AND RSSA, MARIN COUNTY
Project manager responsible for the inventory and
assessment of existing signage for the development
of recommendations for regulatory and warning
signage along 21 arterial roadways and 37 collector
roadways. His team collected various sign attribute
data along all project roadways by driving the
approximately 163-miles once in both directions
using a mobile LiDAR scanner mounted on a scan
vehicle. Simultaneously, ballbank data was collected
using an electronic ball-bank indicator mounted in
the scan vehicle. A sign retroreflectivity evaluation
was performed using a nighttime visual assessment
method conducted by certified staff.

HSIP ROAD SIGN SAFETY IMPROVEMENT PROGRAM,

NEVADA COUNTY
Project manager responsible for oversight of the
extraction of sign inventory from mobile LiDAR
data, including compiling retro reflectivity and sign
condition assessment. Project included 900 signs
over 50 centerline miles. Managed complete data
collection with multiple sensors on one vehicle to
conduct data collection in one day. Sensors
included 360 degree panoramic cameras, LiDAR
survey points, ball bank and GPS. Oversaw
extraction of fourteen attributes per sign, including
position, type, color, orientation, size, distance from ETW and condition of sign and post. Coordinated
with sub consultants to receive and validate
inventory data.

MATT STRINGER, PLS

DIVISION MANAGER - SURVEY

EDUC ATION
BS in Land Surveying, Oregon Institute of Technology, 2022

REGISTRATION
CA PLS 8151

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City of Pittsburg | RSRD86032.2022 11
Relevant Project Experience
The following projects demonstrate our team’s successful history of completing comparable projects for other local agencies. These descriptions clearly show that the Kimley-Horn team has the necessary qualifications, commitment strength, and technical capabilities to fulfill all the services specified and required to successfully accomplish the work.

Traffic Sign Inventory and RSSA, Marin County, CA
Marin County secured an HSIP grant for the inventory, assessment, and development of recommendations for regulatory and warning signage along 21 arterial roadways and 37 collector roadways. The Kimley-Horn and Mark Thomas team collected various sign attribute data along all project roadways by driving the approximately 163-miles once in both directions using a mobile LiDAR scanner mounted on a scan vehicle. Simultaneously, ball-bank data was collected using an electronic ball-bank indicator mounted in the scan vehicle. A sign retroreflectivity evaluation will be performed using a nighttime visual assessment method conducted by certified staff. Kimley-Horn evaluated the sign attributes of approximately 2,000 regulatory and curve warning signs to determine whether they are in compliance with the current CA-MUTCD. As part of the evaluation, we used the data collected to make recommendations and develop exhibits which denote removal, relocation, replacement, and installation of new signs.

Engineering Study to Recommend and Evaluate Existing Advisory Speed at Horizontal Curves Citywide in Compliance with CA -MUTCD, Sunnyvale, CA
Kimley-Horn supported the City of Sunnyvale in performing a comprehensive inventory and evaluation of horizontal curves and associated regulatory and warning signage throughout the City. The Kimley-Horn team collected sign attribute data along all project roadways, along with simultaneously collecting ball- bank data using a Rieker Curve Advisory Reporting System (CARS) and electronic ball-bank indicator.

We performed the sign evaluation to determine whether the signage was in compliance with the current CA MUTCD requirements and recommendations. As an outcome of our evaluation, we developed sign recommendations which included sign relocation, replacement, and installation of new signs.

HSIP Grant Design of Striping, Curve Assessments, and Signage, Stanislaus County, CA
Kimley-Horn is currently working with the County of Stanislaus to address their systemic traffic safety issues along 177 miles of County roadways. Recently the County was awarded two HSIP grants that allow the County to analyze these traffic issues and enhance visibility along their roadway network. Our team is assisting the County with data collection, engineering design and preparation of 100% contract documents consisting of plans, specifications, and cost estimates (PS&E) for the Curve Assessments, Signage, and Striping for the project. In addition, our team is providing environmental studies to assist the County to obtain required State and Federal environmental permits and authorizations and to meet the requirements of the HSIP grant funding.

Countywide RSSA, Monterey County, CA
Monterey County was awarded an HSIP grant that allows the County to proactively address roadway safety through systemic warning sign enhancements along 29 roadways. This grant represents only one of a select number of HSIP grants awarded by Caltrans for the purpose of performing an RSSA. Kimley- 1179

City of Pittsburg | RSRD86032.2022 12
Horn and Mark Thomas are working together on this project, which includes approximately 250-miles along which regulatory and warning signs are being inventoried. Additionally, an assessment of existing passing zones along the project roadways are being conducted as part of the project. This RSSA project provides the County with the opportunity to avoid “spot treatments” which have a tendency to miss similar conditions that may exist elsewhere in the network. Other similar situations likely have an equal potential for collisions which may not have occurred yet. Accordingly, this RSSA process is intended to identify these similar locations and recommend similar safety solutions.

Countywide RSSA Project, Calaveras County, CA
This project address systemic traffic safety issues along approximately 220 miles of County roadways in Calaveras County. Recently, the County was awarded an HSIP grant that allows the County to comprehensively evaluate regulatory and warning signage along their roadway network. Our team is assisting the County with data collection, sign evaluation and development of recommendations, engineering design, and preparation of plans, specifications, and engineer’s estimate of probable construction costs (PS&E). In addition, we are completing environmental studies to assist the County with obtaining required state and federal environmental permits and authorizations and to meet the requirements of the HSIP grant funding.

RSSA Phase I and II, Nevada County, CA
Nevada County capitalized on HSIP funding for Phase I and Phase II RSSA projects that proactively addressed roadway safety, with an emphasis on signing, along critical transportation facilities. The Kimley-Horn and Mark Thomas team collected sign locations and other key attributes for each of the study segments by driving the approximately 180 total miles using a mobile LiDAR scanner mounted on a scan vehicle. Simultaneously, ball-bank data was collected using an electronic ball-bank indicator mounted in the scan vehicle. The Phase I study was ultimately confirmed to include 48.3 miles, 898 existing signs of which 228 were Regulatory, 593 were Warning, and 77 were other. Through evaluation, the final recommendations were included removing 318 signs, replacing 221 signs, relocating 11 signs, and installing 403 new signs. The Phase II study, which is ongoing, included 130 miles with 2,817 existing signs. These RSSA projects provide the County with the opportunity to avoid “spot treatments” which have a tendency to miss similar conditions that may exist elsewhere in the network. Similar conditions likely have an equal potential for collisions which may not have occurred yet. Accordingly, this RSSA process has identified these similar locations and recommend similar safety solutions.

RSSA and Sign Upgrade, Placer County, CA
Kimley-Horn and Mark Thomas teamed together to address roadway safety in Placer County along 62 key corridors identified as having deficiencies where run-off-the-road type collisions have been the primary crash type. The approximately 175 miles of roadways are dispersed, with a concentration in the vicinity of the I-80 corridor in the western portion of the County. Through the award of an HSIP grant, this project evaluated critical roadway corridors for safety, focusing on roadway warning signage (warning, school, and specific object markers). This RSSA process provided the County with the opportunity to avoid “spot treatments” which have a tendency to miss similar conditions that may exist elsewhere in the network. Similar conditions likely have an equal potential for crashes, which may not have yet occurred.

Accordingly, this comprehensive RSSA process was intended to identify these similar locations and recommend systemic safety solutions across the 62 corridors.

Sign locations and other key attributes for each of the study segments were collected by driving the approximately 175-miles, once in each direction, using an IP-S2 Compact Plus Mobile Scanner mounted 1180

City of Pittsburg | RSRD86032.2022 13
on a scan vehicle. The scan data was collected in a method consistent with GIS level accuracy and did not provide survey-grade data quality. Simultaneously, ball-bank data was collected using a Rieker CARS mounted in the scan vehicle. Under a separate effort, Retroreflectivity data was also collected. For this effort, the study corridors were driven once in each direction at nighttime to collect the sign retroreflectivity data.

The existing sign inventory documented 2,604 existing warning signs, 182 school signs, and 353 object markers (3,139 total). Through the evaluation of the existing signs, 423 had no change, 1,414 signs were indicated for removal, 1,009 signs were indicated to be replaced, and 293 signs were noted for relocation.

In conclusion, a total of 1,916 new signs were recommended bringing to total project signs to 5,055. The County authorized preparation of Plans, Specifications, and Engineer’s Estimate (PS&E) for the sign recommendations.

RSSA, Moreno Valley, CA
Kimley-Horn is assisting the City of Moreno Valley with this HSIP funded project to analyze traffic safety and implement identified recommendations along two corridors: Ironwood Avenue from Lasselle Street to Nason Street and Kitching Street from Sunnymead Boulevard to Alessandro Boulevard. Kimley-Horn will facilitate an RSA and RSSA. The recommendations identified in the RSSA will be environmentally cleared through NEPA.

3. Work Statement
Detailed Scope of Services
TASK 1 – PROJECT MANAGEMENT

1.1 Project Management
This task includes general project administration, including management of project staff and subconsultants, quality assurance and quality control, and project accounting. This Scope of Service is anticipated to be completed over a period of 6 months.

1.2 Meetings
Upon receipt of a Notice to Proceed, Kimley-Horn will coordinate and attend a project kick-off meeting with City staff. The primary purpose of this coordination step will be to review project scope, confirm the City’s expectations, to identify and discuss analysis criteria, to establish mutually acceptable project schedules, and collect information from the City (listed in Task 2.1 below).

Additionally, this task includes attendance at up to 5 monthly project development team (PDT) meetings.

We will collaborate with the City to identify members of the PDT. The purpose of the PDT is to facilitate internal City stakeholder coordination during the Project, to advise other City departments and relevant external agencies of Project status, and to obtain stakeholder input, if necessary. Meeting participation includes preparation, coordination, attendance, and documentation.

1.3 Develop QA/QC Plan
At the onset of the project, Kimley-Horn will prepare and implement a project specific quality control/quality assurance (QC/QA) plan that will outline QC/QA procedures for project deliverables, 1181

City of Pittsburg | RSRD86032.2022 14
budgets, and schedules. Kimley-Horn’s formal QC/QA program is based upon assigning experienced, senior professionals, who are otherwise qualified to conduct a particular project, to serve only in a quality control role. Our depth allows us to provide such personnel, and their role provides the project with a fresh perspective and critical eye. This benefits the project in obvious, numerous ways. Our internal QC/QA program is anticipated to include:
• An internal kickoff meeting will be held with key team members to clearly define scope of services, subtask responsibilities, schedules (including QC/QA reviews), and critical milestones and goals. • Supporting calculations, text, or data used to develop a project element will be signed and dated by the individual involved when the work is performed.
• All telephone conversations and meetings will be documented, and accurate files of all correspondence and memoranda will be maintained.
• Documents will be reviewed and/or checked by our Quality Review Team who are not directly performing the work.
• The project manager will check for clarity, accuracy, completeness, and scope compliance. Any follow-up activity required will be noted and initiated as appropriate. • The project manager will maintain an inventory of comments received during the course of the project. This data will be fed into our checklist system, which will identify the person responsible for dealing with the comment, the schedule for addressing the comment, and the status of disposition. • The QC/QA program will include reviews conducted prior to all submittals at each stage in the project.

Task 1 Deliverables:
 Monthly progress reports and invoices
 Kickoff m eeting agenda and summary
 PDT meeting agendas and summaries
 Quality control/quality assurance plan
TASK 2 – PRELIMINARY INVESTIGATION AND MAPPING

2.1 Data Collection from City
Kimley-Horn shall be entitled to rely on the completeness and accuracy of all information provided by the City. The City shall provide all information requested by Kimley-Horn during the project, including but not limited to the following:
• Existing speed limits for all project roadways
• Crash data for all project roadways
• Available GIS files including roadway centerline, speed limits, crash data, etc.

2.2 Field Review of Existing Signs
The Kimley-Horn team will perform the following activities to collect the existing field data necessary to complete this evaluation. These efforts are based on the following primary assumptions:
• Up to approximately 23 miles along 14 roadways are included in this evaluation. • Engineering and traffic studies to establish speed limits are not included. • The regulatory and warning signs proposed to be included in the Scope of Services are listed below.

Data collection and extraction for up to 700 signs are included in this task. 1182

City of Pittsburg | RSRD86032.2022 15
The following sign and post attributes will be collected:

1. GPS coordinates (coordinates: latitude and longitude; allowable positional variation from actual sign and sign post location will yield an accuracy of +/- 3 feet, on the axis parallel to the roadway and ensuring correctness in both sequential order and position relative to the road, while maintaining relative positional accuracy between signs and posts

2. Sign designation: CA-MUTCD code will be listed (for example, R1-1 for a standard stop sign).

3. Sign variation: Notation of variation for certain MUTCD signage (e.g., 35 mph, right/left curve, etc.)

4. Sign panel size: In general, the panel size will be derived from type specifications in the MUTCD.

However, when more than one standard size is acceptable, panel size should be verified. All panel sizes will be reported at an accuracy tolerance of +/- 3”.

5. Sign orientation: cardinal direction sign faces (north, northeast, east, etc.)

6. Sign placement: left, right, overhead, median as seen by motorist in travel lane

7. Position on post: top, middle, bottom, in the rare occasion more than 3 signs are on one post, a designation will be used to allow distinguishing the horizontal sign order

8. Lateral distance of sign: measured from edge of traveled way to the left-edge of sign.

9. Height of sign: measured from ground at edge of traveled way to the bottom edge of sign.

Measurements shall be recorded to the bottom of each sign where there are multiple signs on a single post

10. Sign condition: good, bent, twisted, faded/illegible, vandalized (stickers/graffiti), holes, view obscured

11. Sign photos: 360-degree
snapshots from mobile scan, for
both context and image of sign

12. Post type: utility pole, mast arm,
U-channel, galvanized round,
4x4 wood, non post-wall, etc.

13. Post number: quantity of posts
for sign structure

14. Post shared: yes/no, are there
multiple signs on the post

15. Post condition: good, twisted,
bent, leaning

16. Date of inventory: the date on
which the signpost was
inventoried

The following are the proposed data collection activities:
• Site observations by registered engineer(s): The primary purpose of this effort will be to observe existing conditions and data collected using other methods. A portion of this effort may be completed at night.
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City of Pittsburg | RSRD86032.2022 16
• Sign inventory using mobile LiDAR scanning: Mounted to the bed of a pickup truck, the field vehicle will travel lanes in both directions of the entire project area. This survey will enable the identification of sign attributes,
as well as a rich data set that
includes roadway conditions
and features such as
pavement type, lane widths,
above ground utility locations,
striping, etc. The scan data
will be collected in a method
consistent with GIS level
accuracy and will not provide
survey-grade accuracy. This
method allows relatively
accurate measurements of
distances from edge of
traveled way (ETW) and
paved shoulders.
• Horizontal curve evaluation using CARS electronic ball-bank indicator system: Rieker’s Curve Advisory Reporting System (CARS) will be mounted to the Mobile LiDAR pickup truck to enable efficient collection of robust horizontal curve data. This system is FHWA and MUTCD compliant, and includes integrated GPS to geographically correlate curve radius, superelevation, location date and time. To provide accurate data, all project road segments undergoing curve analysis will have CARS ball-bank data collected for two passes in each direction. We will collect and process ball bank measurements utilizing the Rieker CARS system (up to 30 curves), including:
o Curve radius
o Location of BC (Latitude and Longitude)
o Location of EC (Latitude and Longitude)
o Advisory speed
o Date and time of observations
o Retroreflectivity assessments will be conducted upon project signage concurrently with CARS curve digital ball bank data collection. MT will utilize staff trained by the UC Berkeley ITS Technology transfer program in the Visual Nighttime Inspection Method to gather FHWA approved sign retroreflectivity assessments. Information will include:
o Location (Latitude & Longitude)
o MUTCD Sign Type
o Retroreflectivity Assessment

2.3 Field Review of Existing Striping
To facilitate assessment of existing striping, centerline and edge line striping will be extracted from LiDAR point cloud data collected as part of Task 2.1. Striping will be classified by detail type and location.

Kimley-Horn will perform site observations to note striping conditions in the field. Additionally, we will collect video footage along all project roadways using a vehicle mounted camera during daytime and nighttime data collection activities.

This scope of services includes road striping inventory for up to seven (7) centerline project miles. Data gathered as part of this task will be reviewed and will inform our recommendations (Task 3). 1184

City of Pittsburg | RSRD86032.2022 17
Task 2 Deliverables:
 Electronic sign inventory with sign attribute data (MS Excel)  GIS shapefile(s)
 Photo inventory of all existing signs along project roadways TASK 3 – ANALYSIS AND DESIGN

3.1 Sign Evaluation and Recommendations
Using the existing, readily available City speed data (per Task 2.1), and based on field observations and review of the attributes collected in Task 2.2, the Kimley-Horn team will perform an evaluation of the existing warning signing along the project roadways. This evaluation will be primarily based on current published standards, guidance, and requirements per the California Manual on Uniform Traffic Control Devices (CMUTCD), 2014 Edition, Caltrans’ Highway Design Manual, and other applicable City of Pittsburg and/or Caltrans design standards.
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City of Pittsburg | RSRD86032.2022 18
This focus of this evaluation will be prioritized as follows:
• Deficient locations as determined by field
observations, visual evidence, and/or
information provided by the City.
• Locations with severe horizontal and/or
vertical curvature.
• All others with a focus on uniform
application of improvements and
enhancements.

Through our experience on the other HSIP-
funded RSSA (Placer County, Nevada
County, Monterey County, Stanislaus County,
and Marin County) projects, we have been
able to develop the general sequence of
evaluation criteria depicted in the flowchart
(see right). Each warning sign will be
evaluated based on its physical attributes
(sign/post conditions, size, and
retroreflectivity), lateral placement (proximity
to edge of traveled way), and advance
placement of particular horizontal and/or
vertical roadway geometric conditions.

3.2 Striping Inventory Review
Kimley-Horn will review existing centerline
and edge line striping extracted from the
LiDAR survey along all project roadways. The
purpose of this review of existing striping is to
note design assumptions and
recommendations for replacement of striping
with enhanced wet-night visibility
thermoplastic striping in conformance with
the 2022 Caltrans Standard Plans and
Special Provisions. The enhanced wet night visibility thermoplastic striping utilizes specialized glass beads to increase nighttime visibility of traffic striping.

Additionally, we will review and evaluate the readily apparent surface condition of the existing striping based on visual assessment during daytime and nighttime conditions from the video footage collected (Task 2).

3.3 Recommendations Documentation
Kimley-Horn will prepare a draft project report in which the following information will be included:
• Overview of existing conditions including field observations, sign inventory findings, horizontal curve data, roadway striping conditions, and retroreflectivity information. • Prioritized list of improvements, including cost estimates, anticipated to include both relocations/modifications to existing conditions, and recommendations for new devices. 1186

City of Pittsburg | RSRD86032.2022 19
• Conceptual exhibits (65% design plans) depicting existing conditions and recommended improvements.

The draft project report and 65% plans will be submitted electronically (in PDF format) to the City for review and comment. Additionally, Kimley-Horn will prepare plans, specifications, and opinion of probable construction costs (OPCC) for implementation of the warning sign and striping recommendations. The preparation of PS&E will be performed in accordance with applicable, published standards included in the latest versions of the California MUTCD, City of Pittsburg Design Standards and Specifications, Caltrans Highway Design Manual (HDM), and Caltrans Standard Plans and Standard Special Provisions.

The proposed scope of services does not include utility coordination and potholing services. Based on our experience on previous RSSA projects which involved installation of new (or relocated) roadside signs along multiple roadways, utility coordination and potholing were not conducted as part of the preliminary engineering phase. Instead, the contractor was relied upon to coordinate with underground service alert (USA) to confirm underground utilities and/or pothole at proposed sign locations during the construction phase. Signs recommended as part of this project will be shown in its approximate location, but actual locations will need to be determined in the field to account for current field conditions and constraints (i.e. utilities).

Similarly, this task does not include the collection of topographic surveys for the purposes of completing the requested services. Based on our extensive experience, the above-noted data collection methodology (mobile LiDAR) enables an efficient and adequately accurate level of existing “survey” information to support the needs of this project. Accordingly, this scope of services does not include the collection of topographic surveys.

Lastly, in an effort to streamline the plan production effort, and consistent with our well-established workflow from our other HSIP RSSA projects, the plans will be generated using GIS rather than CAD. The primary justification for this approach is that the GIS platform is the superior tool for the preparation of the signing/striping audit and provides the functionality needed to display and assess the various survey attributes. We have an established process by which we produce GIs exhibits that are formatted in a manner similar to traditional CAD plan sheets and have had success with other agencies bidding these plan sheets. The example below demonstrates the intended presentation of this project’s plan sheets.

Kimley-Horn will produce a final project report with 95% plans based on one set of consolidated, non- conflicting comments received from the City on the draft report and 65% plans. We will prepare and submit an electronic copy (in PDF format). The final report deliverables will also include a GIS layer in which the attributes of the corridors’ signs are provided.

3.5 Preparation of Final PS&E
Kimley-Horn will prepare and submit final PS&E to the City for review and approval. We will respond to one set of consolidated, non- conflicting comments on the 95% PS&E. Written responses will be provided for each comment.

Task 3 Deliverables:
 Draft project report (PDF format)
 65% signing and striping plans (PDF format)
 Final project report (PDF format and one hardcopy)
 95% signing and striping plans, special provisions, and estimate (PDF format)  F inal signing and striping plans, special provisions, and estimate (PDF format) 1187

City of Pittsburg | RSRD86032.2022 20
TASK 4 – PROCESSING AND APPROVAL ASSISTANCE
Kimley-Horn will assist the City with LAPM submittals including Request for Authorization (RFA) packages, utility certification, right-of-way certification, and PS&E certification. It is anticipated that the City will need assistance with completing forms (Exhibits) in LAPM Chapters 3, 6, 7, 12, 13, 14, and 15.

This task will also include coordination with Caltrans pertaining to the determination of appropriate Federally Participating Cost-eligible work items.

This task includes up to 36 hours of LAPM support.

Task 4 Deliverables:
 RFA packages
 Utility and right-of-way certifications
 PS&E certification

4. Schedule
Please view below for our project schedule, which identifies tasks and subtasks, proposed work periods, milestones, and completion dates, as well as anticipated meeting dates. It is our intent to review this schedule with the City at the start of the project and make any desired adjustments and track the project work as a progress schedule by providing regular updates.

1188

City of Pittsburg | RSRD86032.2022 21

5. Total Budget and Fee
Please view Kimley-Horn’s breakdown of budgeted hours and fee proposal in the separate sealed envelope.

6. Subconsultants
Mark Thomas & Co mpany
Beginning as a survey company in 1927, Mark Thomas provides civil engineering, planning, surveying, and asset inventory services to clients throughout California. As a California corporation, their stability throughout the years is founded on their strong reputation for delivering projects of all sizes and types, ranging from small agency projects to multi- million-dollar regional transportation facilities. This reputation is realized through the efforts of 250 team members within 12 offices that are strategically located to support the communities in which they live.

Mark Thomas is experienced at combining data collection and GIS to prepare asset inventories. They use GIS software to create and develop infrastructure databases for municipalities and community service districts. These GIS databases have included feature classes with attributes and metadata for individual appurtenances such as road signs, valves, meters, manholes, etc. as well as parcel layers, district boundaries, and aerial imagery.

They used this approach on Nevada County’s RSSA Phase I project, Placer County’s Roadway Safety Audit and Sign Upgrade, asset inventory for the City of Alameda, RSSA for four other counties, and curve assessment and sign inventory for five Caltrans districts. These projects combine technology for data collection and management to present a thorough picture of the assets and roadway system.

Through these projects, they continually look for opportunities to improve the process, further enhancing their cost-effective approach. Mark Thomas has collected data for more than 1,500 centerline miles and 25,000 signs.

1189
3 SECTION A- REQUEST FOR PROPOSALS
Professional Services For
Contract 2021-18
Citywide Roadway Improvements
Project 2038
Highway Safety Improvement Program (HSIP) 10
Sealed proposals (3 printed and bound copies) and an electronic file copy in PDF format (by email) must be received before 2:00 PM on Tuesday November 29, 2022 by the City of Pittsburg, Public Works Department Engineering Division, Attn: Bruce Zaeni, P.E., 65 Civic Avenue Pittsburg, CA 94565. Email address: [email protected]

1. Solicitation documents are available from the City’s website. Please see the solicitation documents for complete details and proposal requirements.

2. Proposer shall honor proposal prices for One Hundred Twenty (120) days or for the stated contract period, whichever is longer.

3. Proposals must include this Request for Proposal form and be signed by the proposer’s authorized representative. This signature acknowledges the proposer has read and understands the requirements contained on pages 1 through 10, Attachments A,B,C,D and E and Exhibit A, B and C.

4. The last day proposers may submit questions will be prior to 2:00 PM, Friday November 18, 2022. Questions shall be submitted electronically via email to [email protected].

Answers may be provided at the sole discretion of the city and will be distributed electronically to all proposers.

5. The specifications in this notice shall be considered a part of any contract made pursuant thereto.

I have, read, understood, and agree to the terms and conditions on all pages of this proposal.

The undersigned agrees to furnish the commodity or service stipulated on this proposal as stated above.

Company: Address:______________________
Name (Print): Company Phone No.:______________
Signature:
_________________________________________________
Title of Person Signing Proposal:
555 Capitol Mall, Suite 300
Sacramento, CA 95814
Kimley-Horn and Associates, Inc.

Matthew D. Weir, P.E.

Vice President
916.858.5800
1190
11 ATTACHMENT A

CITY OF PITTSBURG DISCLOSURE STATEMENT
The following information must be disclosed:

1. List the names of all persons having a financial interest in the Request for Qualifications

2. If any person identified pursuant to No. 1 above is a corporation or partnership, list the names of all individuals owning more than ten percent of the shares in the corporation or owning any partnership interest in the partnership.

3. If any person identified pursuant to No. 1 above is a non-profit organization or a trust, list the names of any persons serving as a director of the non-profit organization or as a trustee or beneficiary or trustor of the trust.

4. Has the offeror had more than $250.00 worth of business transacted with any member of the City of Pittsburg staff, boards, commissions, committees, and Council within the past twelve months? If yes, please indicate the person(s) with whom you have conducted business.

NOTE: Attach additional pages as necessary.
_________________________________
Signature of Offeror
_________________________________
Print or Type Name of Offeror
_________________________________
Date
November 29, 2022
Matthew D. Weir, P.E., Vice President, Kimley-Horn and Associates, Inc.

NOT APPLICABLE

NOT APPLICABLE
1191
12 ATTACHMENT B

EQUAL OPPORTUNITY/AFFIRMATIVE ACTION STATEMENT
The offeror hereafter described will not discriminate against any employee or applicant for employment because of race/color, national origin, sex, sexual preference, religion, age, or handicapped status in employment or the provisions of services. ________________________________________
Signature
_________________________________________
Typed Name and Title
Matthew D. Weir, P.E., V.P., Kimley-Horn and Associates, Inc. 1192
13ATTACHMENT C

DESIGNATION OF SUB-CONTRACTORS, SUPPLIER AND VENDOR
Listed below are the names and locations of the plac es of business of each sub-contractor, supplier, and vendor who will perform work or labor or render service in excess of ½ of 1 percent, or $10,000 (whichever is greater) of the prime CONTRACTOR’s total bid. The bidder shall list all subcontractors (both DBE and non-DBE) in accord ance with Section 2-1.054 of the Standard Specifications and per Title 49, Section 26.11 of the Code of Federal Regulations.

Sub-contractor Name: Age of Firm:

Annual Gross Receipts: < $1million ; <$5million ;
<$10million ; <$15million ; >$15million
Portion of Work
DBE certified?
If YES, list DBE
&D o l l a rValue:

Yes/No:
#:

Location and Place of Business
(include business address)
LICENSE NO.

DIR NO.

EXP.D ATE: / / PHONE: ( )
Sub-contractor Name: Age of Firm:

Annual Gross Receipts: < $1million ; <$5million ;
<$10million ; <$15million ; >$15million
Portion of Work & Dollar Value:

DBE certified? Yes/No
If YES, list DBE #:

Location and Place of Business:
(include business address)
LICENSE NO.

DIR NO.

EXP.D ATE: / / PHONE ( )
1RW$SSOLFDEOH
1RW$SSOLFDEOH
95 years
701 University Avenue, Suite 200
Sacramento, CA 95825
916 381-9100
Mark Thomas &
Company, Inc.
✔
No
1000016549
1193
14 ATTACHMENT D

PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE

In accordance with Public Contract Code Section 10162, the Bidder shall complete, under penalty of perjury, the following questionnaire:

Has the Bidder, any officer of the Bidder, or any employee of the Bidder who has a proprietary interest in the Bidder, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state , or local government project because of violation of a law of safety regulation?

YES NO

If YES, explain the circumstances in the following space:

(Attach additional sheet, if necessary.)

GOVERNMENT CODE SECTION 10232 STATEMENT

In accordance with Government Code Section 10232, the Bidder hereby states, under penalty of perjury, that no more than one final unappealable finding of contempt of court by a federal court has been issued against the Bidder within the immediately preceding two (2) year period due to the Bidder's failure to comply with an order of a federal court which orders the Bidder to comply with an order of the National Labor Relations Board.

Note: The above Statement and Questionnaire are part of the Proposal. Signing this proposal on the signature portion thereof shall also constitute signature of this Statement and Questionnaire.

Bidders are cautioned that making false certification may subject the certifier to criminal prosecution. 1194
15 ATTACHMENT E

NONCOLLUSION AFFIDAVIT

(Public Contract Code Section 7106)

NONCOLLUSION DECLARATION TO BE EXECUTED BY BIDDER AND SUBMITTED

WITH BID

The undersigned declares:

I am the of , the party making the
foregoing bid.

The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. The bidder has not, directly, or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose.

Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on

[date], at [city], [state].

Note: The above Noncollusion Affidavit is part of the proposal. Signing this proposal on the signature portion thereof shall also constitute signature of this noncollusion Affidavit.

Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.

Kimley-Horn and
Associates, Inc.

Sacramento
CA
11/29/2022
Matt Weir, Vice President
1195

CONTACT
Robert Paderna, P.E.
[email protected]
916.859.3610
555 Capitol Mall, Suite 300
Sacramento, CA 95814
www.kimley-horn.com
1196
194.54% Overhead% Name
Robert
Paderna
Randy
Durrenberger
Matt
Weir
194.38% Overhead% w/o FCCM Category/Title Project Manager QC/QA Principal-in- Charge
10% Fee% Direct Rate $79.76 $117.56 $94.00 $84.67 $74.65 $54.88 $43.08 $39.31 $32.52 Billing Rate $258.40 $380.87 $304.54 $274.31 $241. 85 $177.80 $139.57 $127.36 $105.36 Task 1 27 4 4 17 8 60 $ 13,584.01

1.1 10 81 8 $ 3,426.91

1.2 15 4 15 34 $ 7,761.22

1.3 24 2 8 $ 2,395.88
Task 2 86 12 6 32 $ 5,573.00

2.1 46 6 16 $ 2,864.55

2.2 2 68 $ 1,354.23

2.3 2 68 $ 1,354.23
Task 3 44 6 12 10 78 128 128 406 $ 67,762.78

3.1 8 2 6 18 32 32 98 $ 15,869.41

3.2 8 2 4 12 24 24 74 $ 12,183.52

3.3 18 4 4 36 52 52 166 $ 27,673.81

3.4 10 2 4 12 20 20 68 $          12,036.04
Task 4 61 2 12 30 $            7,744.37
85 10 16 12 22 101 140 134 8 528
21,964.41$     3,808.69$       4,872.63$       3,291.75$       5,320.69$       17,957.71$     19,539.76$     17,065.67$     842.86$          $          94,664.17 $          82,191.98
$               473.32
$               300.00
$          81,418.66
$     176,856.15
Sr.

Professional II
Sr.

Professional I Professional Analyst II
Field Review of Existing Striping
Mark Thomas (Data Collection)
TOTAL NOT TO EXCEED COST:

Project Management
Meetings
Data Collection from City
Field Review of Existing Signs
Sign Evaluation and Recommendations
Striping Inventory Review
Recommendations Documentation (Draft/Final Report, 65/95% Plans) Preparation of Final PS&E
Analysis and Design
Processing and Approval Assistance

TOTAL HOURS
Subtotal Labor:

Other Direct Costs
Labor Escalation
Travel/Mileage
Citywide Roadway Improvements
Project 2038 - HSIP 10

CITY OF PITTSBURG
Kimley-Horn and Associates, Inc.

Total
Hours Total Cost
Project Management
Preliminary Investigation and Mapping
Analyst I Project
Support
Develop QA/QC Plan
1197
Name
Matt
Stringer
Brandon
Benton
Erik
Keethe
Arturo
Dominguez
Annie
Kumar
Robert
Lunden
Kevin
Yep
Phillip
Ortiz
Jose
Valdez
Jazmina
Plant
Jamie
Gerow
Jacque
Thompson
150.75% Overhead % Category/Title Principal Project
Manager Surveyor Sr. Survey
Technician
Sr. Survey
Technician
Survey
Technician
Survey
Technician
Survey
Technician
Survey
Technician
Sr. Project
Coordinator
Project
Coordinator
Sr. Project
Accountant
10% Fee% Direct Rate $120.00 $83.85 $40.56 $35.20 $31.00 $29.50 $24.88 $34.60 $27.14 $42.84 $39.75 $40.18 Billing Rate $330.99 $231.28 $111.87 $97.09 $85.51 $81.37 $68.63 $95.44 $74.86 $118.16 $109.64 $110.83 Task 1 84 1 6 824 42 $       6,970.93
Task 2 16 2 16 24 24 82 $       7,349.96
Task 3 24 4 12 4 44 $       4,324.27
Task 4 0 $                   ‐
84 5 6 42 2 8 4 2 4 2 4 824 168
2,647.92 $    925.12 $      6,264.98 $    388.36 $       171.01 $      2,278.31 $    274.50 $      2,290.45 $    1,796.61 $    945.31 $       219.28 $       443.31 $       $     18,645.16 $     62,773.50
$           956.00
$     59,100.00
$           187.50
$       2,530.00
$   81,418.66
Rieker CARS
TOTAL COST:

TOTAL HOURS
Subtotal Labor:

Other Direct Costs
Hotel and Per Diem
TREKK
Mileage
Processing and Approval Assistance
Analysis and Design
Preliminary Investigation and Mapping
Project Management

CITY OF PITTSBURG
Citywide Roadway Improvements
Project 2038 - HSIP 10
Subconsultant - Mark Thomas and Company
Total
Hours Total Costs
1198
Local Assistance Procedures Manual EXHBIT 10-H1
Cost Proposal
Note: Mark-ups are Not Allowed
Consultant
Project No. Contract No. Date 11/28/2022

DIRECT LABOR
Hours
85 10
16 12
22 101
140
134
8 LABOR COSTS
a) Subtotal Direct Labor Costs
b) Anticipated Salary Increases (see Anticpated Salary Increases page for calculation) c) TOTAL DIRECT LABOR COSTS [(a) + (b)] 29,365.42$

INDIRECT COSTS
d) Fringe Benefits ( Rate: 0.00% ) e) Total Fringe Benefits [(c) x (d)] -$ f) FCCM ( Rate: 0.16% ) 46.98$
h) Overhead ( Rate: 194.38% ) i) Overhead [(c) x (h)] 57,080.50$ j) TOTAL INDIRET COSTS [(e) + (g) + (i)] 57,127.48$
FIXED FEE k) TOTAL FIXED FEE [(c) + (e) + (i)* fixed fee 10% ] 8,644.59$ Quatity Unit
l) TOTAL OTHER DIRECT COSTS 300.00$
Subconsultant 1: 81,418.66$
Subconsultant 2: $
Subconsultant 3: $
Subconsultant 4: $
81,418.66$
81,718.66$
176,856.15$ TOTAL COST [(c) + (j) + (k) + (n)]
(m) TOTAL SUBCONSULTANS' COSTS
(n) TOTAL OTHER DIRECT COSTS INCLUDING SUBCONSULTANTS [(l) + (m)] $0.00 -$
m) SUBCONSULTANTS' COSTS
Mark Thomas & Company, Inc.
$0.00 -$
$0.00 -$
g) FCCM [(c) x (f)
l) CONSULTANT'S OTHER DIRECT COSTS (ODC) - ITEMIZE
Description of Item Unit Cost Total
Travel/Mileage $0.00 300.00$
$0.00 -$
29,219.32$
146.10$
Project Support TBD $32.52 260.16$
$0.00 -$
Analsyt II TBD $43.08 6,031.20$
Analyst I TBD $39.31 5,267.54$
Sr. Professional I TBD $74.65 1,642.30$
Professional TBD $54.88 5,542.88$
Principal-in-Charge Matt Weir $94.00 1,504.00$
Sr. Professional II TBD $84.67 1,016.04$
QC/QA Randy Durrenberger $117.56 1,175.60$
2021-18
Classification/Title Name Actual Hourly Rate Total
Exhibit 10-H1 Cost Proposal
Cost-Plus-Fixed Fee or Lump Sum or Firm Fixed Price Contracts (Design, Engineering and Environmental Studies)
Kimley-Horn and Associates, Inc.

Project Manager Robert Paderna $79.76 6,779.60$
Prime Consultant
Subconsultant
2nd Tier Subconsultant

Page 1 of 3 ends

Pittsburg City CouncilJanuary 17, 2023

Pittsburg City Council
January 17, 2023