Pittsburg City Council
December 15, 2025

IN WITNESS WHEREOF, the LESSOR and LESSEE have executed this Lease Agreement as of the date set forth below.

LESSOR LESSEE

CITY OF PITTSBURG
a Municipal Corporation

By: _____________________ By: _____________________
Kenneth Cooper Darin Gale
City Manager

APPROVED AS TO FORM

By: _______________________
Donna Mooney
City Attorney

OFFICE OF THE CITY MANAGER/EXECUTIVE DIRECTOR
65 Civic Avenue
Pittsburg, CA 94565

TO: Mayor and Council Members

FROM: Darin Gale - City Manager

SUBJECT: Adoption of a City Council Resolution Approving a Lease Agreement by and Between the City of Pittsburg and
Approved Auto Center of Pittsburg

MEETING DATE: December 15, 2025

EXECUTIVE SUMMARY

The City owns certain real property located at 2101 Railroad Avenue, also known as Contra Costa County Assessor’s Parcel Number 088-171-035 (Property). The City proposes to enter into a five (5) year lease agreement (Lease) with Approved Auto Center of Pittsburg (Lessee) with two 1-year options to extend (Option to Extend) for a total of seven (7) years.

FISCAL IMPACT

The City will receive a total of $676,452 for the initial term of the Lease. Should the Option to Extend be exercised, the total revenues to be received by the City is $1,026,408. This Lease revenue is accounted for in the General Fund.

RECOMMENDATION

City Council adopt the Resolution authorizing the City Manager to execute the Lease and take such further actions as may be necessary or appropriate regarding the terms of the Lease.

BACKGROUND

On April 20, 2020, through Resolution 20-13765, the City Council approved a Purchase

and Sale Agreement and an Assignment and Assumption Agreement between the City and Rose Clarke Winter (“Winter”), which transferred Winter’s lease with the Lessee to the City. The Assignment and Assumption Agreement expired on March 31, 2022.

Following its expiration, Robert Chudy and Gustavo Espinoza, doing business as Approved Auto Center of Pittsburg, entered into a Lease Agreement with the City.

SUBCOMMITTEE FINDINGS

This item was not discussed at a subcommittee.

STAFF ANALYSIS

The Property consists of approximately 1.58 acres and includes a one-story commercial building along with an associated parking lot.

The Lease will take effect on January 1, 2026 (“Effective Date”) and will continue through December 31, 2030, unless terminated earlier or extended in accordance with the provisions of the Lease.

Beginning on the Effective Date, the monthly base rent (“Base Rent”) will be ten thousand dollars ($10,000). Base Rent will increase annually each January 1st by six percent (6%) over the Base Rent paid in the preceding year for Lease Years 2 through

5. Should the Option to Extend be exercised, the annual rent for Years 6 and 7 will increase to ten percent (10%) over the Base Rent paid in the immediate prior year.

Year Period Monthly Rent
1 January 1, 2026 - December 31, 2026 $10,000
2 January 1, 2027 - December 31, 2027 $10,600
3 January 1, 2028 - December 31, 2028 $11,236
4 January 1, 2029 - December 31, 2029 $11,910
5 January 1, 2030 - December 31, 2030 $12,625
Option to Extend
6 January 1, 2031 - December 31, 2031 $13,887
7 January 1, 2032 - December 31, 2032 $15,276

The City intends to lease the Property to the Lessee for continued operation as a used car dealership, and the Lessee has expressed its interest in leasing the Property for this purpose.

The Lessee may terminate the Lease, with or without cause, at any time by providing the City with ninety (90) days’ written notice. Similarly, the City may elect to terminate the Lease, with or without cause, by providing the Lessee with six (6) months’ written notice.

ATTACHMENTS: Resolution

Lease Agreement

Report Prepared By: Ishani Rasanayagam, Administrative Analyst II

Resolution No. 25- Page 1 of 2 December 15, 2025

BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG

In the Matter of:

Authorizing Execution of a Lease Agreement )
Between the City of Pittsburg and Approved ) RESOLUTION NO. 25- Auto Center of Pittsburg )

WHEREAS on April 20, 2020, through Resolution 20-13765, City Council approved a Purchase and Sale Agreement, and an Assignment and Assumption Agreement by and between the City and Rose Clarke Winter, which assigned Winter’s lease with Approved Auto Center of Pittsburg (Lessee) to the City; and

WHEREAS, the City owns certain real property located at 2101 Railroad Avenue, also known as Contra Costa County Assessor’s Parcel Number 088-171-035; and

WHEREAS, the Assignment and Assumption agreement expired March 31, 2022; and

WHEREAS, the City proposes to enter into a Lease Agreement (“Lease”) with Robert Chudy and Gustavo Espinoza, doing business as Approved Auto Center of Pittsburg, effective January 1, 2026 (“Effective Date”), with the Lease terminating on December 31, 2030, unless ended earlier or extended in accordance with its provisions; and

WHEREAS, commencing on the Effective date, the base rent (Base Rent) will be Ten Thousand Dollars ($10,000) per month. Base Rent will increase annually on each January 1st; thereafter, by six percent (6%) per annum over the Base Rent paid in the immediate prior year for years 2–5, and should the Option to Extend be exercised, by ten percent (10%) over the Base Rent paid in the immediate prior year for years 6-7; and

WHEREAS, the City will receive a total of $676,452 for the initial term of the Lease.

Should the Option to Extend be exercised, the total revenues to be received by the City is $1,026,408. This Lease revenue is accounted for in the General Fund.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pittsburg hereby authorizes the City Manager to execute the Lease and take such further actions as may be necessary or appropriate regarding the terms of the Lease.

Resolution No. 25- Page 2 of 2 December 15, 2025

PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 15th day of December 2025 by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:

Dionne Adams, Mayor
ATTEST BY:

Alice E. Evenson, City Clerk

LEASE AGREEMENT

BY AND BETWEEN

CITY OF PITTSBURG
AND

ROBERT CHUDY AND GUSTAVO ESPINOZA

THIS LEASE (“Agreement”) is dated as of January 1, 2026 (the “Effective Date”) by and between the City of Pittsburg, a Municipal Corporation (“City”),Robert Chudy, an individual and Gustavo Espinoza, an individual, doing business together as Approved Auto Center of Pittsburg (“Lessee”). City and Lessee are collectively referred to in this Agreement as the “Parties”.

RECITALS
A. The City is the owner of the real property located at 2101 Railroad Avenue also known as Contra Costa County Assessor Parcel Number (APN) 088-171-035 in the City of Pittsburg, as more particularly described in Exhibit A , attached hereto and incorporated herein by this reference (the “Property”).

B. The Property is 1.58 acres that consists of a one story commercial building and parking lot.

C. The City desires to lease the Property to the Lessee to be operated as a used car dealership (the “Business”) and the Lessee desires to lease the Property from the City.

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

ARTICLE I
DEFINITIONS; INCORPORATION OF RECITALS; LEASE AND PRIOR RIGHTS

1.1 Definitions. For purposes of this Agreement, the following terms shall have the meanings set forth in this Section. Additional definitions are set forth in the Recitals and the text of this Agreement.
(a) “Applicable Laws” is defined in Section 4.3.
(b) “Base Rent” is defined in Section 2.3.1.
(c) “Business” is defined in Recital C.
(d) “Claims” is defined in Section 3.2.

Docusign Envelope ID: 6E51DDB5-847C-4AE6-8350-D57C17B17B93

(e) “Force Majeure” is defined in Section 14.1.
(f) “Hazardous Materials” is defined in Section 6.5.1.
(g) “Hazardous Materials Laws” is defined in Section 6.5.2. (h) “Impositions” is defined in Section 3.1.
(i) “Improvements” is defined in Section 4.1.
(j) “Indemnitees” is defined in Section 3.2.
(k) “Property” is defined in Recital A.
(l) “Security Deposit” is defined in Section 2.4.
(m) “Term” is defined in Section 2.2.

1.2 Incorporation of Recitals. The Parties acknowledge the truth of the Recitals set forth above, and all such Recitals are hereby incorporated into this Agreement.

1.3 Lease; Prior Rights. This Agreement is subject and subordinate to the prior and continuing rights and obligations of the City. This Agreement is made subject to all licenses, leases, easements, restrictions, conditions, covenants, encumbrances, liens, and claims of title that may affect the Property as of the Effective Date.

1.4. Condition of Property. The Lessee will lease the Property in its “AS IS” condition as such condition exists as of the Commencement Date. The Lessee acknowledges that except as expressly set forth herein, the City makes no representations or warranties expressed or implied regarding the condition of the Property or the fitness or suitability thereof for the Lessee’s purposes, including but not limited to, the condition of the soil, its geology, topography, the presence or absence of fill, the presence or absence of Hazardous Materials, drainage, flood zone designation, or compliance with Hazardous Materials Laws, and no patent or latent defect or deficiency in the condition of the Property shall affect the rights of the Lessee or the City hereunder. The Lessee shall rely solely on its own independent investigation and judgment as to all matters relating to the Property. The Lessee acknowledges and agrees that prior to the Effective Date it has made such investigations of the Property, including without limitation such inquiries of governmental agencies, soils testing, tests and inspections as Lessee deemed necessary to determine the condition of the Property, and has approved all such characteristics and conditions and shall lease the Property in its condition as of the Effective Date “AS -IS” “WHERE -IS” AND WITH ALL FAULTS. The Lessee further acknowledges that the City has made available all data and information on the Property available to the Lessee, but without warranty or representation by the City as to the completeness, correctness or validity of such data and information, except as otherwise set forth in this Lease.

Docusign Envelope ID: 6E51DDB5-847C-4AE6-8350-D57C17B17B93

ARTICLE II
LEASE; TERM; RENT; SECURITY DEPOSIT

2.1 Agreement to Lease Property. Subject to, and upon, the terms and conditions set forth in this Agreement, the City hereby leases the Property to Lessee as of E ffective Date and Lessee hereby leases the Property from the City. Lessee acknowledges that the City has made no representation or warranty regarding the condition of the Property, or the suitability or fitness of the Property for the Business except as specifically stated in this Agreement.

2.2 Term of Agreement. The term of this Agreement (“Term”) commences on the Effective Date and ends on December 31, 2030 - 5 year lease] or the date of any termination of the Agreement in accordance with the provisions hereof.

2.2.1 Option to Extend the Term; Notice. Provided the Lessee is in full conformance with the terms and conditions of this Agreement, the Lessee shall have two (2) 1-year options to extend the Term of this Agreement for up to seven (7) years in total. To exercise the Option to Extend, the Lessee shall notify the Lessor in writing of Lessee's intent to exercise this option at least ninety (90) days prior to the termination date of the initial Term which is December 31, 2030.

2.2.2 Termination. Lessee may terminate this Agreement, with or without cause, at any time by giving 90 days written notice of termination to City. City may terminate this Agreement with or without cause, at any time by giving six months’ written notice of termination to Lessee.

2.3 Commencement of Rent. Lessee shall commence paying Base Rent on January 1, 2026 (the “ Commencement Date ”). If the Commencement Date is not the first day of the month, Lessee shall pay pro -rata Base Rent (as defined below) calculated based on the number of days of occupancy of Lessee for that month.

2.3.1 Base Rent. Commencing on the Commencement Date, Lessee shall pay base rent (“Base Rent”), without deduction, offset, prior notice or demand in the amount of Ten Thousand Dollars ($10,000.00) per month. Base Rent will increase annually on each January thereafter by six percent (6%) per annum over the Base Rent paid in the immediate prior year for years two – five of the Term. Base rent will increase annually on each January thereafter by ten percent (10%) per annum over the Base Rent paid in the immediate prior year for years six and seven.

Year Period Monthly Rent
1 January 1, 2026 - December 31, 2026 $10,000
2 January 1, 2027 - December 31, 2027 $10,600
3 January 1, 2028 - December 31, 2028 $11,236
Docusign Envelope ID: 6E51DDB5-847C-4AE6-8350-D57C17B17B93

4 January 1, 2029 - December 31, 2029 $11,910
5 January 1, 2030 - December 31, 2030 $12,625
6 January 1, 2031 - December 31, 2031 $13,887
7 January 1, 2032 - December 31, 2032 $15,276

2.3.2 Additional Rent. As additional rent, Lessee shall pay and discharge when due, all Impositions described in Article III, all insurance premiums, all utility costs paid by the City for the Property including but not limited to water, all City fees and charges and all other liabilities and obligations Lessee assumes or agrees to pay or undertake pursuant to this Agreement (the “Additional Rent”).

2.3.3 Base Rent and Additional Rent are collectively referred to herein as “Rent.”

2.3.4 Payment of Rent. Rent is due and payable on the first day of each month to the City at the address shown in Section 14.4.2 or such other place as the City may designate in writing.

2.4 Security Deposit. A security deposit in the amount of Six Thousand Dollars ($6,000.00) (the “Security Deposit”) was transferred and received by the City through the Assignment and Assumption Agreement executed in conjunction with the City’s purchase of the Property as recorded in the Contra Costa County under Doc -2020-09848 on May 26, 2020 . Provided that Lessee is not in default under this Agreement, the City shall return the Security Deposit to Lessee upon termination of this Agreement. The City has no obligation to pay or earn interest on the Security Deposit.

2.5 Triple Net Lease. This is a triple net lease to the City. It is the intent of the Parties that the Rent shall be an absolutely net return to the City and that Lessee shall pay all costs and expenses relating to the Property of any kind or nature whatsoever. Such costs and expenses shall include, without limitation, all amounts attributable to, paid or incurred in connection with the ownership, operation, repair, restoration, maintenance and management of the Property; real property taxes; rent taxes; gross receipt taxes (whether assessed against the City or assessed against Lessee and collected by the City, or both); water and sewer charges; insurance premiums; utilities; refuse disposal; lighting (including outside lighting); fire detection systems including monitoring, maintenance and repair; security; janitorial services; labor; air -conditioning and heating; maintenance and repair costs and service contracts; costs of licenses, permits and inspections; and all other costs and expenses paid or incurred with respect to the Property.

2.6 Late Fee . Lessee hereby acknowledges that late pa yment by the Lessee to City of Rent will cause City to incur costs not contemplated by this Agreement, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, personnel costs, and late charges which may be imposed on City by the terms of any mortgage or trust deed covering the Property.

Docusign Envelope ID: 6E51DDB5-847C-4AE6-8350-D57C17B17B93

Accordingly, if any installment of Rent due from the Lessee is not received by City on the date such installment of Rent is due, Lessee shall pay to City a late charge equal to ten percent (10%) of such overdue Rent. City and Lessee hereby agree that such late charge represents a fair and reasonable estimated of the cost City shall incur by reason of late payment by Lessee. Acceptance of such late charge by City shall in no event constitute a waiver of Lessee’s default by with respect to such overdue amount.

ARTICLE III

TAXES, ASSESSMENTS AND OTHER CHARGES

3.1 Impositions. Throughout the Term, Lessee shall pay prior to delinquency, all real property taxes, possessory interest taxes, license and permit fees, sales, use or occupancy taxes, assessments whether general or special, ordinary or extraordinary, unforeseen, as well as foreseen, of any kind or nature whatsoever, pertaining to the Property or part thereof, including, but not limited to (i) any assessment, levy, imposition or charge in lieu of or in substitution for real estate taxes, and (ii) any assessment for public improvements or benefits which is assessed, levied, or imposed upon or which becomes due and payable and a lien upon (a) the Property or any part thereof or any personal property, equipment or other facility used in the operation thereof, (b) the rent or income received by Lessee from sublessees or licensees, (c) any use or occupancy of the Property or part thereof, or (d) this transaction or any document to which Lessee is a party creating or transferring an estate or interest in the Property or part thereof. All of the foregoing are hereinafter referred to as “Impositions.”

3.1.1 Installments. If by law any Imposition is payable, or may at the option of the taxpayer be paid in installments (whether or not interest shall accrue on the unpaid balance of such Imposition), Lessee may pay the same together with any accrued interest on the unpaid balance of such Imposition in installments as the same respectively become due and before any fine or penalty may be added thereto for the nonpayment of any such installment and interest. Any Impositions relating to tax years that are only partially included in the Term of this Agreement shall be prorated between Lessee and the City.

3.1.2 Evidence of Payment. Upon request by the City, Lessee shall furnish, in form satisfactory to the City, evidence of payment prior to delinquency of all Impositions payable by Lessee.

3.2 Lessee Right to Contest. Lessee has the right before any delinquency occurs to contest or object to the amount or validity of any Imposition by appropriate legal proceedings, but such right may not be deemed or construed in any way as relieving, modifying or extending the covenant to pay of Lessee any such Imposition at the time and in the manner required by law. Any such contest shall be conducted in accordance with and subject to the requirements of all Applicable Laws (as defined in Section 4.3) and otherwise in a manner that does not subject the City’s title to the Property to foreclosure or forfeiture. Lessee shall indemnify, defend, and hold the City and its elected and appointed officers, officials, employees, agents and representatives (all of the foregoing, collectively the “ Indemnitees”) harmless from and against all liabilities, losses, damages, fines, deficiencies, penalties, claims, demands, suits, actions, causes of action, legal or administrative proceedings, judgments, costs and expense s (including without limitation reasonable attorneys’ fees and court costs) (all of the foregoing, collectively “ Claims”) arising as a result of or in connection with any such contest brought by Lessee. During any contest of an Imposition, Lessee shall Docusign Envelope ID: 6E51DDB5-847C-4AE6-8350-D57C17B17B93

(by payment of disputed sums, if necessary) prevent any advertisement of tax sale, foreclosure of, or any divesting of the City’s title, reversion or other interest in the Property.

Upon final determination of the amount or validity of any Imposition contested pursuant to this Section 3.2 , Lessee shall immediately pay such Imposition and all costs and expenses relating to such challenge.

3.3 Lessee Duty to File. Lessee has the duty of making or filing any declaration, statement or report which may be necessary or advisable in connection with the determination, equalization, reduction or payment of any Imposition which is or which may become payable by Lessee under the provisions of this Article III, and shall notify the City in writing upon making such filing, declaration, statement or report, and the City is not be responsible for the contents of any such declaration, statement or report; provided however, the City shall cooperate with Lessee in connection with the foregoing, including joinder in any application pertaining thereto to the extent required under Applicable Law, all at no cost to the City.

ARTICLE IV

ALTERATIONS AND NEW CONSTRUCTION

4.1 Changes and Alterations. During the Term of this Agreement, Lessee shall not make any change, alteration or addition to the Property (collectively, the “ Improvements”) that would materially alter the function or exterior appearance of the Property, other than the Lessee Improvements defined and described in Article VII of this Agreement, without the prior written consent of the City. Except as otherwise set forth in this Agreement, all Improvements may be made at the sole cost and expense of Lessee and must comply with all of the following:
(a) The Improvements may not materially impair the value or structural integrity of the Property.
(b) The Improvements may be necessary for the operation of the Business. (c) No Improvements may be undertaken until Lessee has obtained all required permits and authorizations of any federal, state or local government or departments or subdivisions of any of them, having jurisdiction.
(d) The Improvements must be made in a good and workmanlike manner and in accordance with all applicable permits and all Applicable Laws. (e) During the construction of any Improvements in, to or of, the Property, or the permitted demolition or new construction or any restoration, Lessee shall comply with the insurance requirements set forth in Section 8.2 , which policy or policies by endorsement thereto, if not then covered, will also insure any change, alteration or addition or new construction, including all materials and equipment incorporated in, on or about the Property. (f) Prior to commencement of any construction, change, alteration or repair, Lessee shall deliver to the City not later than ten (10) business days written notice of the proposed work, a general description of the proposed work and sufficient information to permit the City to post a notice of nonresponsibility on the Property.

Docusign Envelope ID: 6E51DDB5-847C-4AE6-8350-D57C17B17B93

4.2 No Right to Demolish. Notwithstanding any other provisions of this Article IV, Lessee shall have no right to demolish the Improvements, once built, unless Lessee shall have received the prior written approval of the City.

4.3 Compliance with Laws. Lessee shall carry out the construction of the Improvements in conformity with all applicable state and federal laws and regulations, including without limitation, all applicable state and federal labor laws and standards, and all applicable disabled and handicapped access requirements, including without limitation, the Americans with Disabilities Act, 42 U.S.C. Section 12101, et seq., California Government Code Section 4450, et seq ., California Government Code Section 11135, et seq ., and the Unruh Civil Rights Act, California Civil Code Section 51, et seq . Lessee shall comply with all City ordinances and regulations relating to the conduct of construction, including without limitation, all City ordinances and regulations relating to noise, construction hours, and maintenance of the construction site. All of the foregoing state, federal and local laws, regulations and ordinances are hereafter referred to as the “Applicable Laws.”

4.4 Rights of Access. The City has the right of access to the Property during normal construction hours for purposes of assuring compliance with this Agreement, so long as the City complies with all safety rules and does not unreasonably interfere with the progress of construction of the Improvements. The City shall give Lessee reasonable advance notice prior to exercising its rights pursuant to this Section 4.4 except in the event of emergency in which case notice shall not be required.

4.5 Indemnity. To the fullest extent allowed by law, Lessee shall defend (with counsel reasonably acceptable to the City), indemnify and hold harmless the Indemnitees from and against any and all present and future Claims arising during the term of this Agreement from or in connection with the failure to comply with all Applicable Laws relating to the operation or maintenance of the Property or the Improvements by Lessee, or the activities or performance of Lessee under this Agreement, whether such activity or performance is by Lessee or by anyone directly or indirectly employed by or contracted with by Lessee and whether such Claim shall be discovered before or after termination of the Agreement . The indemnity obligations of Lessee under this Section 4.5 do not extend to Claims to the extent they arise as a result of the Indemnitees’ gross negligence or willful misconduct.

At its sole discretion, the City may participate at its own expense in the defense of any claim, action or proceeding, but such participation shall not relieve Lessee of any obligation imposed by this Agreement. The City shall notify Lessee promptly of any claim, action or proceeding and cooperate fully in its defense.

4.6 Mechanic’s Liens. Subject to the right to contest the same prior to payment, Lessee agrees to keep the Property free and clear of all mechanics’ liens and other liens on account of work done by or for a Party. Lessee shall indemnify, defend (with counsel reasonably acceptable to the City) and hold the Indemnitees harmless from and against all liability, loss, damages, costs and expenses (including reasonable attorney’s fees) incurred by or brought against the City for claims of lien of laborers or materialmen or others for work performed or materials or supplies furnished to the City or persons claiming under it. In the event any lien is recorded, Lessee shall, within twenty (20) days following such recordation, cause such lien to be removed of record by bonding or otherwise.

Docusign Envelope ID: 6E51DDB5-847C-4AE6-8350-D57C17B17B93

ARTICLE V

MANAGEMENT, USE AND OPERATION OF THE PROPERTY

5.1 Permitted Uses. Lessee may use the Property, with proper permits and license, for the operation of the Business and for no other purposes without the prior written consent of the City. Lessee shall not use or permit the Property to be used in whole or in part during the Term for any purpose other than as permitted pursuant to this Agreement or by the written consent of the City.

5.2 Nondiscrimination. Lessee herein covenants by and for himself or herself, his or her heirs, executors, administrators, and assigns, and all persons claiming under or through him or her, and this lease is made and accepted upon and subject to the following conditions: that there shall be no discrimination against or segregation of any person or group of persons, on account of any basis listed in subdivision (a) or (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government Code, in the, use, occupancy, tenure or enjoyment of the Property herein leased nor shall Lessee himself or herself, or any person claiming under or through him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection of employees or vendees in the Property herein leased.

5.3 Maintenance and Inspection of the Property.

5.3.1 Maintenance. At the sole cost and expense of Lessee throughout the Term, Lessee shall operate, maintain and manage the Property including all equipment, landscaping and improvements thereon in good order and repair and in neat, clean sanitary and safe condition in compliance with all local, state and federal laws, statutes and regulations relating to the use, occupancy or operation of the Property. Lessee shall ensure that the Property is served by adequate lighting in accordance with applicable building codes.

Lessee shall promptly, at the sole cost and expense of Lessee, make all necessary repairs, including replacements or renewals when necessary, and all such repairs shall be at least equal in quality to the original work, reasonable wear and tear accepted. Lessee shall keep and maintain all portions of the Property in a clean and orderly condition, free of accumulation of dirt, rubbish, and graffiti. The failure of Lessee to maintain the Property in accordance with this Agreement shall, in the City’s discretion, be grounds for termination of this Agreement pursuant to Article IX.

5.3.2 Inspection. At any time during the Term, upon reasonable advance notice and during normal business hours, the City may conduct interior and/or exterior inspections of the Property to confirm that it is being properly maintained as required herein. Following its inspection, the City may deliver to Lessee written notification of any portions of the Property which the City has determined are not being properly maintained, and Lessee shall promptly prepare and deliver to the City the proposed plan for remedying the indicated deficiencies of Lessee. The failure of Lessee to deliver a remedial plan and to complete remedial work within a reasonable time as determined by the City in its reasonable discretion shall be a default under this Agreement pursuant to Article IX.

The failure of the City to inspect or to notify Lessee of any deficiency shall not be a waiver of default or of the City’s right to enforce the maintenance and repair obligations of Docusign Envelope ID: 6E51DDB5-847C-4AE6-8350-D57C17B17B93

Lessee. Lessee shall defend (with counsel reasonably acceptable to the City), indemnify and hold the Indemnitees harmless from and against any and all Claims arising out of the failure of Lessee to fully and timely fulfill its obligations to maintain and repair the Property as required hereunder.

5.4 City’s Right to Perform Lessee Obligations. If following notice and the expiration of any applicable cure period as set forth in Section 13.2.1 , Lessee fails to perform its obligations to maintain the Property in accordance with the standards set forth in this Agreement, the City shall have the right, but not the obligation, to perform such work upon delivery of written notice to Lessee, and Lessee shall reimburse the City for all expenditures the City incurs in connection with such work together with interest thereon at the Default Rate specified in Article XIII. The City’s election to undertake such obligation shall not operate as a waiver of any other right or remedy the City may have pursuant to this Agreement.

5.5 City Not Obligated to Perform Repairs. Notwithstanding any contrary provision herein, the City shall not be obligated to make any repairs, alterations, additions, improvements or betterments to the Property during the term of this Agreement nor shall the City be obligated to maintain the Property.

5.6 Compliance with Laws. Lessee, at its sole cost and expense, shall comply with all Applicable Laws pertaining to the use, operation, and management of the Property. Lessee shall not itself use the Property for any unlawful purpose or perform, permit or suffer any act of omission or commission upon which would result in a nuisance or a violation of law.

Lessee shall use its best efforts to not permit any permittees, licensees, guests or invitees to use the Property for any unlawful purpose or perform, permit or suffer any act of omission or commission which would result in a nuisance or a violation of law.

5.7 Lessee Right to Contest. Lessee shall have the right to contest by appropriate proceedings, in the name of Lessee, and without cost or expense to the City, the validity or application of any Applicable Law. If compliance with any Applicable Law may legally be delayed pending the prosecution of any such proceeding without the incurrence of any lien, charge or liability against the Property or the interest of Lessee therein, and without subjecting Lessee or the City to any liability, civil or criminal, for failure so to comply therewith, Lessee may delay compliance therewith until the final determination of such proceeding. Lessee shall indemnify, defend (with counsel approved by the City), protect and hold the Indemnitees harmless from and against all Claims arising in connection with any such contest brought by Lessee. The foregoing indemnity obligation shall survive the expiration or earlier termination of this Agreement.

5.8 Maintenance of Licenses and Permits; Legal Compliance . Lessee will, and will cause the Business, to preserve and maintain the existence of their respective licenses, rights, franchises and privileges in the jurisdiction of their formation and all authorizations, consents, approvals, orders, licenses, permits, or exemptions from or registrations with, any governmental agency that are necessary for the transaction of business. Lessee agrees to comply with all federal, state and local rules, statutes, ordinances and laws which apply to the conduct of its business activities and the construction, improvement and maintenance of its property. Lessee further agrees to notify City in writing within 10 days of its receipt of service or notice in any administrative or judicial proceeding in which Lessee is named as a party that is related to the occupation or use of the Property, or that is related to the licensing of Lessee Docusign Envelope ID: 6E51DDB5-847C-4AE6-8350-D57C17B17B93

or any guarantor, including any petitions, complaints or administrative proceedings to amend, modify, counsel, revoke, diminish or otherwise affect any licenses or authorities currently granted to, or in the possession of, Lessee including, but not limited to, business licenses. All repairs and Improvements to the Property must be performed by licensed and bonded contractors.

ARTICLE VI
CONDITION OF THE PROPERTY; ENVIRONMENTAL MATTERS

6.1 Condition of the Property.

6.1.1 AS-IS Condition. Lessee will lease the Property in its “AS IS” condition as such condition exists as of the Effective Date.

6.1.2 No Representations. Lessee acknowledges that except as expressly set forth herein, the City makes no representations or warranties express or implied regarding the condition of the Property or the fitness or suitability thereof for the purposes of Lessee, including but not limited to, the condition of the soil, its geology, topography, the presence or absence of fill, the presence or absence of Hazardous Materials, drainage, flood zone designation, or compliance with Hazardous Materials Laws, and no patent or latent defect or deficiency in the condition of the Property shall affect the rights of Lessee or the City hereunder. Lessee shall rely solely on its own independent investigation and judgment as to all matters relating to the Property. Lessee acknowledges and agrees that prior to the Effective Date it has made such investigations of the Property, including without limitation such inquiries of governmental agencies, soils testing, tests and inspections as Lessee deemed necessary to determine the condition of the Property, and has approved all such characteristics and conditions and shall lease the Property in its condition as of the Effective Date “AS-IS” “WHERE-IS” AND WITH ALL FAULTS. Lessee further acknowledges that the City has made available all data and information on the Property available to the City, but without warranty or representation by the City as to the completeness, correctness or validity of such data and information, except as otherwise set forth in this Agreement.

6.2 Lessee’s Covenants. Lessee hereby covenants and agrees that throughout the Term:
(a) The Property, and the use and operation thereof, shall be in compliance with all Hazardous Materials Laws, and Lessee shall not cause or permit the Property or any portion thereof to be in violation of any Hazardous Materials Laws. (b) Lessee shall not permit the Property or any portion thereof to be a site for the use, generation, treatment, manufacture, storage, disposal or transportation of Hazardous Materials nor shall Lessee permit the presence or release of Hazardous Materials in, on, under, about or from the Property with the exception of materials customarily used in construction, operation, use or maintenance of Business facilities, provided such materials are used, stored and disposed of in compliance with Hazardous Materials Laws. (c) Upon receiving knowledge of the same, Lessee shall immediately advise the City in writing of: (i) any and all enforcement, cleanup, removal or other governmental or regulatory actions instituted, completed or threatened against Lessee or the Property pursuant to any applicable Hazardous Materials Laws; (ii) any and all complaints, claims, citations, demands, inquiries, reports, or notices made or threatened by any third party Docusign Envelope ID: 6E51DDB5-847C-4AE6-8350-D57C17B17B93

against Lessee, the Property relating to damage, contribution, cost recovery, compensation, loss or injury resulting from any Hazardous Materials; (iii) the presence or release of any Hazardous Materials in, on, under, about or from the Property; or (iv) the discovery of any occurrence or condition, by Lessee, on any real property adjoining or in the vicinity of the Property classified as "Border Zone Property" under the provisions of former California Health and Safety Code, Sections 25220 et seq., or any regulation adopted in connection therewith, that may in any way affect the Property pursuant to any Hazardous Materials Laws or cause it or any part thereof to be designated as Border Zone Property. The matters set forth in the foregoing clauses (i) through (iv) are hereinafter referred to as “ Hazardous Materials Claims.” The City shall have the right to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection with any Hazardous Materials Claim, and to have its reasonable attorney's fees in connection therewith paid by Lessee. (d) Without the City’s prior written consent, which shall not be unreasonably withheld, Lessee shall not take any remedial action in response to the presence of any Hazardous Materials in, on, under, or about the Property (other than in emergency situations or as required by governmental agencies having jurisdiction in which case the City agrees to provide its consent), nor enter into any settlement agreement, consent decree, or other compromise with respect to any Hazardous Materials Claim. (e) If the presence of any Hazardous Material on the Property results in any contamination in violation of Hazardous Materials Laws, except to the extent such contamination is caused by the City, Lessee shall promptly take all actions at its sole expense as are necessary to remediate the Property as required by law; provided that Lessee first obtains City approval of such actions, which approval may be withheld in the City’s reasonable discretion. All costs and expenses of any Remedial Work shall be paid by Lessee, it being understood that the City shall incur no cost, expense or liability in connection with any Remedial Work. The City shall have the right, but no obligation, to join and participate in, as a party if it so elects at the City’s cost, any legal proceedings or actions initiated in connection with any Hazardous Material Claims. For purposes of this Agreement, “Remedial Work ” means all investigation, testing, analysis, monitoring, restoration, abatement, detoxification, containment, handling, treatment, removal, storage, decontamination, clean-up, transport, disposal or other ameliorative work or response action required by (i) any Hazardous Materials Laws, (ii) any order or request of any federal, state or local governmental agency, or (iii) any judgment, consent decree, settlement or compromise with respect to any and all enforcement, clean -up, removal, remedial or other governmental or regulatory actions or agreements or orders threatened, instituted, or completed pursuant to any Hazardous Materials Laws or any actions, proceedings or claims by such entities or third parties relating to or arising out of the breach of any Hazardous Materials Laws or the presence or release of any Hazardous Material in, on, under or from the Property.

6.3 Release of Claims. Lessee hereby waives, releases and discharges forever the Indemnitees from all present and future Claims Lessee may have arising directly or indirectly from the presence or alleged presence of Hazardous Materials on, under, in or about the Property.

Lessee is aware of and familiar with the provisions of Section 1542 of the California Civil Code which provides:

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A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR

DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF

EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE
MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.

As such relates to this Section 6.3, Lessee hereby waives and relinquishes all rights and benefits which it may have under Section 1542 of the California Civil Code. ______________
Lessee Initials

6.4 Environmental Indemnity. Lessee shall indemnify, defend (with counsel reasonably acceptable to the City) and hold the Indemnitees harmless from and against all Claims arising during the Term and resulting, arising, or based directly or indirectly in whole or in part, upon (i) the presence, release, use, generation, discharge, transport, storage or disposal of any Hazardous Materials on, under, in or about, or the transportation of any such Hazardous Materials to or from the Property during the Term, (ii) the failure of Lessee, or the employees, agents, contractors, subcontractors, licensees, permittees, or any person acting on behalf of any of Lessee to comply with Hazardous Materials Laws, or (iii) the breach by Lessee of any of its covenants contained in this Article VI. The foregoing indemnity shall further apply to any residual contamination in, on, under or about the Property or affecting any natural resources, and to any contamination of any property or natural resources arising in connection with the generation, use, handling, treatment, storage, transport or disposal of any such Hazardous Materials, and irrespective of whether any of such activities were or will be undertaken in accordance with Hazardous Materials Laws and shall include, without limitation, any Claims arising in connection with any investigation of site conditions or any cleanup, remedial, removal or restoration work ordered by a court or required by any federal, state, or local governmental agency or political subdivision. This Section 6.4 shall survive the expiration or earlier termination of this Agreement.

6.5 Definitions.

6.5.1 Hazardous Materials. As used herein, “ Hazardous Materials ” means any substance, material, or waste which is or becomes regulated by any local, state or federal authority, agency or governmental body, including any material or substance which is: (i) defined as a “hazardous waste,” “extremely hazardous waste,” or “restricted hazardous waste” under Sections 25115, 25117 or 25122.7, or listed pursuant to Section 25140 of the California Health and Safety Code, Division 20, Chapter 6.5 (Hazardous Waste Co ntrol Law); (ii) defined as a “hazardous substance” under Section 25316 of the California Health and Safety Code, Division 20, Chapter 6.8 (Carpenter -Presley-Tanner Hazardous Substance Account Act); (iii) defined as a “hazardous material,” “hazardous substance,” or “hazardous waste” under Section 25501 of the California Health and Safety Code, Division 20, Chapter

6.95 (Hazardous Materials Release Response Plans and Inventory); (iv) defined as a “hazardous substance” under Section 25281 of the California He alth and Safety Code, Division 20, Chapter 6.7 (Underground Storage of Hazardous Substances); (v) petroleum; (vi) friable asbestos; (vii) polychlorinated biphenyls; (viii) listed under Article 9 or defined as “hazardous” or “extremely hazardous” pursuant to Article 11 of Title 22 of the California Administrative Code, Division 4, Chapter 20; (ix) designated as “hazardous substances” pursuant to Section 311 of the Clean Water Act (33 U.S.C. §1317); (x) defined as a Docusign Envelope ID: 6E51DDB5-847C-4AE6-8350-D57C17B17B93

“hazardous waste” pursuant to Section 1004 of the Resource Conservation and Recovery Act, 42 U.S.C. §6901, et seq. (42 U.S.C. §6903); or (xi) defined as “hazardous substances” pursuant to Section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. §9601, et seq ., as the foregoing statutes and regulations now exist or may hereafter be amended.

6.5.2 Hazardous Materials Laws. As used herein “ Hazardous Materials Laws ” means all federal, state and local laws, ordinances, regulations, orders and directives pertaining to Hazardous Materials, including without limitation, the laws, statutes and regulations cited in the preceding Section 6.5.1, as any of the foregoing may be amended from time to time.

ARTICLE VII

TENANT IMPROVEMENTS

7.1 Construction of Tenant Improvements. Subject to construction in compliance with the provisions of Article IV of this Agreement, Lessee must receive written approval from the City prior to the construction of any improvements, changes, utility installations and alterations (the “Tenant Improvements”) that affect the Property. Prior to expending any funds for the acquisition, installation and/or construction of any Tenant Improvements, Lessee hereby agrees to submit to City the plans, specifications, bid(s), and cost estimates for the undertaking of the Tenant Improvements.

7.2 Prevailing Wages. To the full extent required by all applicable state and federal laws, rules and regulations, if any, Lessee and its contractors and agents shall comply with California Labor Code Section 1720 et seq. and the regulations adopted pursuant thereto (“Prevailing Wage Laws ”), and are responsible for carrying out the requirements of such provisions. If applicable, Lessee shall submit to City a plan for monitoring payment of prevailing wages and shall implement such plan at the sole expense of Lessee.

Lessee shall indemnify, defend (with counsel approved by City) and hold the Indemnitees harmless from and against all Claims which directly or indirectly, in whole or in part, are caused by, arise in connection with, result from, relate to, or are alleged to be caused by, arise in connection with, or relate to, the payment or requirement of payment of prevailing wages (including without limitation, all claims that may be made by contractors, subcontractors or other third party claimants pursuant to Labor Code Sections 1726 and 1781) or the requirement of competitive bidding in the construction of the Tenant Improvements, the failure to comply with any state or federal labor laws, regulations or standards in connection with this Agreement, including but not limited to the Prevailing Wage Laws, or any act or omission of Lessee related to this Agreement with respect to the payment or requirement of payment of prevailing wages or the requirement of competitive bidding, whether or not any insurance policies shall have been determined to be applicable to any such Claims. It is further agreed that City does not and will not waive any rights against Lessee that they may have by reason of this indemnity and hold harmless agreement because of the acceptance by City, or deposit by Lessee to City of any of the insurance policies described in this Agreement. The provisions of this Section 7.2 survive the expiration or earlier termination of this Agreement. The indemnification obligations of Lessee as set forth in this Section shall not apply to Claims arising from the gross negligence or willful misconduct of the Indemnitees.

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ARTICLE VIII

INDEMNITY AND INSURANCE

8.1 Indemnity. To the fullest extent permitted by law, Lessee shall indemnify, defend (with counsel reasonably acceptable to the City) and hold the Indemnitees harmless from and against any and all Claims arising during the Term and arising from or in connection with any of the following: (i) the operation or management of the Property, (ii) any work or thing done on or in the Property, (iii) any condition of any alteration or addition constructed by Lessee on the Property, (iv) any breach or default by Lessee in the performance of any covenant or agreement to be performed by Lessee pursuant to the terms of this Agreement, (v) any negligence of Lessee, or any of its agents, contractors, subcontractors, employees, or licensees, (vi) any accident, injury or damage caused to any person occurring during the Term in or on the Property, and (vii) the furnishing of labor or materials by Lessee or its contractors, subcontractors, employees, or agents. In the event any such action or proceeding is brought against the City by reason of any such Claim, Lessee, upon notice from the City, covenants to defend such action or proceeding by counsel reasonably satisfactory to the City. If an insurer under insurance required to be maintained by Lessee hereunder shall undertake to defend the City under a reservation of rights with respect to ultimate coverage and the City shall reasonably deem it necessary to retain independent counsel with respect to such matter, Lessee shall pay the reasonable fees of such counsel.

The obligations of Lessee under this Article VIII do not apply to any Claim or other matter to the extent such arises as a result of the gross negligence or willful misconduct of the Indemnitees. This Section shall survive the expiration or earlier termination of this Agreement.

8.2 Insurance Requirements. Lessee shall procure, at its sole expense, and maintain in full force and effect during the Term, the following insurance naming the City as additional insured and/or loss payee:
a. Comprehensive General Liability insurance against claims for bodily and personal injury, death and property damage caused by or occurring in conjunction with the operation of the Property and the Business with a policy limit of at least Two Million Dollars ($2,000,000) per occurrence.
b. Workers’ compensation insurance that complies with the statutory requirements of the State of California.
c. Automobile liability insurance for owned, hired and non -owned vehicles, with a combined single limit of at least One Million Dollars ($1,000,000).

If Lessee undertakes the construction of the Tenant Improvements pursuant to Article VII , Lessee shall ensure that its general contractor carries liability, property damage, workers’ compensation, and builder’s risk insurance throughout construction of the Tenant Improvements, naming the Indemnitees as additional insureds and otherwise in compliance with all requirements set forth in this Section 8.2.

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ARTICLE IX

DAMAGE AND DESTRUCTION

9.1 Damage or Destruction. In the event of any damage to or destruction of the Property during the Term, the City shall elect by written notice delivered to Lessee within sixty (60) days following the date of the occurrence of the damage to either remove or restore and rebuild the Property as nearly as possible to the condition immediately prior to such damage or destruction, subject to any restrictions imposed by changes in any Applicable Law. If the City elects to restore the Property, the City shall commence diligently and continuously to carry out such rebuilding to full completion as soon as possible and shall commence reconstruction of the Property within the earlier of ninety (90) days following the date of occurrence of the damage or the date upon which insurance proceeds are made available for such work. Upon the occurrence of damage or destruction, all insurance proceeds paid in respect of such damage or destruction shall be applied to the payment of the costs of the restoration and rebuilding required to be performed by the City pursuant to this Agreement. If the City does not elect to restore the Property and the City does not exercise its right to terminate this Agreement pursuant to Section 13.3 within one hundred twenty (120) days following the date of the occurrence of the damage, then at the City’s option this Agreement will terminate upon delivery of written notice to Lessee. If the City elects to restore the Property, the City shall confer with Lessee regarding the design and plans for such restoration of the Property.

9.2 Notice Required. In the event of material damage to or destruction of the Property, or any part thereof, Lessee shall promptly give the City notice of such occurrence and take all actions reasonably required to protect against hazards caused by such damage or destruction. For purposes of this Article IX, damage or destruction shall be deemed to be material if the estimated cost to repair equals or exceeds Fifty Thousand Dollars ($50,000).

9.3 City’s Right to Terminate. Notwithstanding any contrary provision of this Article IX, the City has the option to terminate this Agreement and be relieved of the obligation to restore the Property where all or substantially all of the Property are substantially damaged or destroyed and such damage or destruction resulted from a cause not insured against by Lessee and/or the City nor required to be insured against by Lessee and/or the City under this Agreement.

ARTICLE X
CITY’S RIGHT TO PERFORM LESSEE’S COVENANTS

10.1 City’s Rights. If Lessee fails at any time to pay any Imposition or other charge payable by Lessee to a third party as required under this Agreement, or to comply with the requirements set forth in Section 8.2 pertaining to insurance, or to make any other payment or perform any other act on its part to be made or performed hereunder within the time permitted by this Agreement, then the City, after thirty (30) days’ written notice to Lessee and without waiving or releasing Lessee from any obligation of Lessee hereunder, may (but is not required to): (i) pay such Imposition or other charge payable by Lessee; (ii) pay for and maintain the insurance policies required pursuant to this Agreement, or (iii) make such other payment or perform such other act on the part of Lessee to be made or performed under this Agreement; and the City may enter upon the Property for such purpose and take all such action thereon as may be reasonably necessary therefor.

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All sums paid by the City and all costs and expenses incurred by the City in connection with any such payment or the performance of any such act (together with interest thereon at the Default Rate from the respective dates of the City’s making of each such payment) shall constitute additional Rent payable by Lessee under this Agreement and shall be paid by Lessee to the City on demand. The “ Default Rate ” shall mean interest calculated at an annual rate equal to the lesser of twelve percent (12%) or the maximum rate of interest permitted by law.

ARTICLE XI

MORTGAGES

11.1 Non-Subordination of Fee. The City will not subordinate its leasehold interest in the Property or its right to rent payments hereunder or any other right of the City under this Agreement. Except as expressly set forth in this Agreement, Lessee may not mortgage its interest in the Property. Notwithstanding anything to the contrary, the City has no obligation to encumber or otherwise subordinate its fee interest in the Property to Lessee.

ARTICLE XII
ASSIGNMENT, TRANSFER, SUBLETTING; NONDISTURBANCE AND ATTORNMENT

12.1 Restrictions on Transfer, Assignment and Encumbrance. Lessee has no right to sell, transfer, sublet, assign, encumber, hypothecate or otherwise convey (“ Transfer”) its leasehold interest hereunder or any portion of its interest in the Property, the fixtures, any Improvements or this Agreement voluntarily, involuntarily, by operation of law, or otherwise.

12.2 No Involuntary Transfers. No interest of Lessee in this Agreement, the Property or part thereof is assignable or transferable: (i) pursuant to any voluntary or involuntary proceeding under federal or state bankruptcy or insolvency law; (ii) pursuant to any assignment of the assets of Lessee for the benefit of its creditors; or (iii) pursuant to any order of attachment, garnishment, receivership, or similar action.

Any transfer described in this Section 12.2 constitutes an Event of Default under this Agreement by Lessee, and City has the right to terminate this Agreement pursuant to Article XIII as a result of any such transfer taking place, in which case this Agreement shall not be treated as an asset of Lessee.

12.3 Nondisturbance. Provided that Lessee is not in default under this Agreement, the possession, use and enjoyment of the Property by Lessee will not be interfered with, disturbed or diminished, or otherwise affected in any manner as a result of any act or omission of City, or any exercise of any remedies under this Agreement.

ARTICLE XIII

DEFAULT, REMEDIES AND TERMINATION

13.1 Event of Default. Lessee will be in default under this Agreement upon the occurrence of any of the following events of default (each, an “Event of Default”):
(a) Payment of Base Ren t. Lessee fails to pay Base Rent when due and Lessee fails to cure such default within three (3) business days; Docusign Envelope ID: 6E51DDB5-847C-4AE6-8350-D57C17B17B93

(b) Other Monetary Obligations. Lessee at any time is in default hereunder as to any monetary obligation other than Base Rent (including without limitation, the obligation of Lessee to pay the City expenses and any taxes and assessments due on the Property or part thereof, subject to the right of Lessee to contest such charges pursuant to Section 3.2), and such default continues for 30 days after the date upon which the City shall have given Lessee a Notice of Default (as defined in Section 13.2.1);
(c) Insurance. Lessee fails to obtain and maintain any insurance required pursuant to Section 8.2 of this Agreement, and Lessee fails to cure such default within 10 days following receipt of Notice of Default;
(d) Abandonment. Lessee abandons the Property and ceases to use it for the purposes authorized hereby for a period of 90 days or more or as established pursuant to Section 1951.3 of the California Civil Code except when prevented by Force Majeure; (e) Transfer. A voluntary or involuntary Transfer of all or any portion of the Lessee hold interest of Lessee in this Agreement occurs in violation of the provisions of Article XII; (f) Non-Monetary Obligations. Lessee defaults in the performance of any term, provision, covenant or agreement contained in this Agreement other than an obligation enumerated in this Section 13.1 , and unless a shorter cure period is specified for such default, the default continues for 30 days after the date upon which the City has given written notice of the default to Lessee; provided however, if the default is of a nature that it cannot be cured within 30 days, an Event of Default shall not arise hereunder if Lessee commences to cure the default within 30 days and thereafter prosecutes the curing of such default with due diligence and in good faith to completion and in no event later than one hundred and eighty (180) days after receipt of a Notice of Default;
(g) Bankruptcy. Lessee files a voluntary petition in bankruptcy or files any petition or answer seeking or acquiescing in any reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief for itself under any present or future federal, state or other statute, law or regulation relating to bankruptcy, insolvency or other relief for debtors; or seeks or consents to or acquiesces in the appointment of any trustee, receiver or liquidator of Lessee or of all or any substantial part of its property, or of any or all of the royalties, revenues, rents, issues or profits thereof, or makes any general assignment for the benefit of creditors, or admits in writing its inability to pay its debts generally as they become due;
(h) Reorganization. A court of competent jurisdiction enters an order, judgment or decree approving a petition filed against Lessee seeking any reorganization, dissolution or similar relief under any present or future federal, state or other statute, law or regulation relating to bankruptcy, insolvency or other relief for debtors, and such order, judgment or decree remains unvacated and unstayed for an aggregate of 60 days from the first date of entry thereof, or any trustee receiver or liquidator of Lessee or of all or any substantial part of its property, or of any or all of the royalties, revenues, rents, issues or profits thereof is appointed without the consent or acquiescence of Lessee and such appointment remains unvacated and unstayed for an aggregate of 60 days, such 60 day period to be extended in all cases during any period of a bona fide appeal diligently pursued by Lessee; Docusign Envelope ID: 6E51DDB5-847C-4AE6-8350-D57C17B17B93

(i) Attachment. A writ of execution or attachment or any similar process is issued or levied against all or any part of the interest of Lessee in the Property and such execution, attachment or similar process is not released, bonded, satisfied, or vacated or stayed within 60 days after its entry or levy, such 60 day period to be extended during any period of a bona fide appeal diligently pursued by Lessee;
(j) Liens. The failure of Lessee to satisfy the requirements of Section 4.6 within the time periods specified therein.

13.2 Notice and Opportunity to Cure.

13.2.1 Notice of Default. Upon the occurrence of a default hereunder, the non - defaulting party shall deliver a notice to the nonperforming party (the “ Notice of Default ”), stating the nature of the obligation which such nonperforming party has failed to perform, and stating the applicable period of time, if any, permitted to cure the default.

13.2.2 Failure to Give Notice; No Waiver. Failure to give, or delay in giving, the Notice of Default shall not constitute a waiver of any obligation, requirement or covenant required to be performed hereunder. No failure or delay by either party in asserting any rights and remedies as to any breach shall operate as a waiver of any breach or of any such rights or remedies. Delay by either party in asserting any of its rights and remedies shall not deprive such party of the right to institute and maintain any action or proceeding which it may deem appropriate to protect, assert or enforce any such rights or remedies.

13.3 Remedies Upon Default.

13.3.1 City’s Remedies. Upon the occurrence of any Event of Default and in addition to any and all other rights or remedies of the City hereunder and/or provided by law, the City has the right to terminate this Agreement and the possessory rights of Lessee hereunder, in accordance with applicable law to re -enter the Property and take possession of the Property and of the fixtures and any Improvements, and except as otherwise provided herein, to remove all persons and property therefrom, and to store such property at the risk of Lessee and for the account of Lessee, and Lessee shall have no further claim thereon or hereunder.

The City’s re -entry or taking of possession of the Property may not be construed as an election on the City’s part to terminate this Agreement unless the City has given written notice of such intention to Lessee. In no event shall this Agreement be treated as an asset of Lessee after any final adjudication in bankruptcy except at the City’s option so to treat the same but no trustee, receiver, or liquidator of Lessee shall have any right to disaffirm this Agreement.

13.3.2 Remedies Upon Abandonment. If Lessee should default under this Agreement and abandon the Property, the City may, at its option, enforce all of its rights and remedies under this Agreement, including the right to recover the rent as it becomes due hereunder.

Additionally, the City is entitled to recover from Lessee all costs of maintenance and preservation of the Property, and all costs, including attorneys’ and receiver’s fees incurred in connection with the appointment of and performance by a receiver to protect the Property and the City’s interest under this Agreement.

13.3.3 City Right to Continue Agreement. In the event of any default under this Agreement by Lessee (and regardless of whether or not Lessee has abandoned the Docusign Envelope ID: 6E51DDB5-847C-4AE6-8350-D57C17B17B93

Property), this Agreement does not terminate (except by an exercise of the City’s right to terminate under Section 13.3.1 ) unless the City makes such election by the giving of any notice (including, without limitation, any notice preliminary or prerequisite to the bringing of legal proceedings in unlawful detainer) to terminate the right to possession held by Lessee.

For so long as this Agreement continues in effect, the City may enforce all of the City’s rights and remedies under this Agreement, including, without limitation, the right to recover all Rent and other monetary payments as they become due hereunder. For the purposes of this Agreement, the following shall not constitute termination of the right to possession held by Lessee: (a) acts of maintenance or preservation or efforts to relet the Property; or (b) the appointment of a receiver upon initiative of the City to protect the City interest under this Agreement.

13.3.4 Right to Injunction; Specific Performance. In the event of a default by Lessee under this Agreement, the City shall have the right to commence an action against Lessee for damages, injunction and/or specific performance. The failure, for any reason, of Lessee to comply with a court -ordered injunction or order for specific performance shall constitute a breach under this Agreement.

13.3.5 Right to Receiver. Following the occurrence of an Event of Default, if Lessee fails after receipt of a Notice of Default to cure the default within the time period set forth in this Agreement, the City, at its option, may have a receiver appointed to take possession of the interest of Lessee in the Property with power in the receiver (a) to administer the interest in the Property held by Lessee, (b) to collect all funds available in connection with the operation of the Property, and (c) to perform all other acts consistent with the obligations of Lessee under this Agreement, as the court deems proper.

13.4 Remedies Cumulative. No remedy specified in this Article XIII shall be considered exclusive of any other remedy, but the same shall be cumulative and shall be in addition to every other remedy provided hereunder or now or hereafter existing at law or in equity or by statute, and every power and remedy provided by this Agreement may be exercised from time to time and as often as occasion may arise or as may be deemed expedient, subject to any limitations set forth herein.

13.5 No Election of Remedies. The rights given in this Article XIII to receive, collect or sue for any rent or rents, moneys or payments, or to enforce the terms, provisions and conditions of this Agreement, or to prevent the breach or nonobservance thereof, or the exercise of any such right or of any other right or remedy hereunder or otherwise granted or arising, shall not in any way affect or impair or toll the right or power of the City upon the conditions and subject to the provisions in this Agreement to terminate the right of possession held by Lessee because of any default in or breach of any of the covenants, provisions or conditions of this Agreement beyond the applicable cure period.

13.6 Survival of Obligations. Nothing herein shall be deemed to affect the right of the City under Article VIII of this Agreement to indemnification for liability arising prior to the termination of this Agreement for personal injuries or property damage, nor shall anything herein be deemed to affect the right of the City to equitable relief where such relief is appropriate. No expiration or termination of the Term by operation of law, or otherwise, and no repossession of the Tenant Improvements or any pa rt thereof shall relieve Lessee of its Docusign Envelope ID: 6E51DDB5-847C-4AE6-8350-D57C17B17B93

previously accrued liabilities and obligations hereunder, all of which shall survive such expiration, termination or repossession.

ARTICLE XIV

GENERAL PROVISIONS

14.1 Force Majeure; Extension of Times of Performance. Subject to the limitations set forth below, performance by either Party shall not be deemed to be in default, and all performance and other dates specified in this Agreement shall be extended where delays are due to: war, insurrection, strikes, lockouts, riots, floods, earthquakes, fires, casualties, acts of God, acts of the public enemy, epidemics, quarantine restrictions, freight embargoes, governmental restrictions or priority, litigation, including court delays, unusually severe weather, acts or omissions of the other Party, acts or failures to act of any public or governmental agency or entity (other than the Parties which shall not excuse delay in performance), or any other cause beyond the affected Party’s reasonable control (all of the foregoing “ Force Majeure”).

An extension of time for any such cause shall be for the period of the enforced delay and shall commence to run from the time of the commencement of the cause, if notice by the Party claiming such extension is sent to the other Party within 30 days of the commencement of the cause and such extension is not rejected in writing by the other Party within 10 days of receipt of the notice. Neither Party shall unreasonably withhold consent to an extension of time pursuant to this Section.

Times of performance under this Agreement may also be extended in writing by the mutual agreement of Lessee and the City (acting in the discretion of its City Manager unless he or she determines in his or her discretion to refer such matter to the City Council). Each Party expressly assumes the risk of such adverse economic or market changes and/or financial inability, whether or not foreseeable as of the Effective Date.

14.2 City’s Right to Enter the Property. The City and its agents may enter the Property from time to time with reasonable notice, except in the case of emergency in which case no notice shall be required, to inspect the same, to post notices of nonresponsibility and similar notices, and to discharge the obligations of Lessee as stated hereunder when Lessee has failed to do so within a reasonable time after written notice from the City.

14.3 Representations of City and Lessee.

14.3.1 Lessee hereby represents and warrants that all of the following are true and correct as of the Effective Date:
(a) Lessee has taken all requisite action in connection with the execution of this Agreement and the undertaking of the obligations set forth herein. This Agreement constitutes the legally valid and binding obligation of Lessee, enforceable against Lessee in accordance with its terms, except as it may be affected by bankruptcy, insolvency or similar laws or by legal or equitable principles relating to or limiting the rights of contracting parties generally; and
(b) The execution of this Agreement and the acceptance of the obligations set forth herein do not violate any court order or ruling binding upon Lessee or any provision of any indenture, agreement or other instrument to which Lessee is a party or may be bound.

Neither the entry into nor the performance of this Agreement will violate, be in conflict with or Docusign Envelope ID: 6E51DDB5-847C-4AE6-8350-D57C17B17B93

constitute a default under any charter, bylaw, partnership agreement, trust agreement, mortgage, deed of trust, indenture, contract, judgment, order or other agreement, charge, right or interest applicable to Lessee.

14.3.2 City hereby represents and warrants that all of the following are true and correct as of the Effective Date:
(a) The City has taken all requisite action in connection with the execution of this Agreement and the undertaking of the obligations set forth herein. This Agreement constitutes the legally valid and binding obligation of the City, enforceable against the City in accordance with its terms, except as it may be affected by bankruptcy, insolvency or similar laws or by legal or equitable principles relating to or limiting the rights of contracting parties generally; and
(b) The execution of this Agreement and the acceptance of the obligations set forth herein do not violate any court order or ruling binding upon the City or any provision of any indenture, agreement or other instrument to which the City is a party or may be bound.

Neither the entry into nor the performance of this Agreement will violate, be in conflict with or constitute a default under any charter, bylaw, partnership agreement, trust agreement, mortgage, deed of trust, indenture, contract, judgment, order or other agreement, charge, right or interest applicable to the City.

14.4 Miscellaneous.

14.4.1 Severability. If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be held by a court of competent jurisdiction to be invalid or unenforceable, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each term and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law.

14.4.2 Notices. Except as otherwise specified herein, all notices to be sent pursuant to this Agreement shall be made in writing, and sent to the Parties at their respective addresses specified below or to such other address as a Party may designate by written notice delivered to the other parties in accordance with this Section. All such notices shall be sent by:
(i) personal delivery, in which case notice is effective upon delivery; (ii) certified or registered mail, return receipt requested, in which case notice shall be deemed delivered on receipt if delivery is confirmed by a return receipt; (iii) nationally recognized overnight courier, with charges prepaid or charged to the sender’s account, in which case notice is effective on delivery if delivery is confirmed by the delivery service; or
(iv) facsimile transmission, in which case notice shall be deemed delivered upon transmittal, provided that (a) a duplicate copy of the notice is promptly delivered by first - class or certified mail or by overnight delivery, or (b) a transmission report is generated reflecting the accurate transmission thereof. Any notice given by facsimile shall be Docusign Envelope ID: 6E51DDB5-847C-4AE6-8350-D57C17B17B93

considered to have been received on the next business day if it is received after 5:00 p.m. recipient’s time or on a nonbusiness day.

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

Lessee: Approved Auto Center of Pittsburg
2101 Railroad Avenue
Pittsburg, CA 94565
Attention: Robert Chudy and Gustavo Espinoza

14.4.3 Captions; Construction. The section headings and captions used herein are solely for convenience and shall not be used to interpret this Agreement. The Parties acknowledge that this Agreement is the product of negotiation and compromise on the part of both Parties, and the Parties agree that since both Parties have participated in the negotiation and drafting of this Agreement with the advice of counsel, this Agreement shall not be construed as if prepared by one of the Parties, but rather according to its fair meaning as a whole, as if both Parties had prepared it.

14.4.4 Successors and Assigns. Subject to the restrictions on transfer set forth in Article XII, this Agreement shall be binding upon and shall inure to the benefit of the Parties and their respective successors and assigns. Any reference in this Agreement to a specifically named Party shall be deemed to apply to any permitted successor and assign of such Party who has acquired an interest in compliance with this Agreement as if in every case so expressed.

14.4.5 Short Form of Lease/Agreement. A memorandum of lease may be executed by the Parties and recorded in the Official Records of Contra Costa County upon the request of either Party.

14.4.6 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California without regard to principles of conflicts of laws. Any action to enforce or interpret this Agreement shall be filed in the Superior Court of Contra Costa County, California or in the Federal District Court for the Northern District of California.

14.4.7 Attorney’s Fees. If either Party commences an action against the other to enforce any obligation contained herein, or to interpret any provision hereof, the prevailing party shall be entitled to recover from the other Party reasonable counsel fees, costs and necessary disbursements, as determined by the court having jurisdiction over the action.

Docusign Envelope ID: 6E51DDB5-847C-4AE6-8350-D57C17B17B93

14.4.8 Indemnity Includes Defense Costs. In any case where either Party is obligated under an express provision of this Lease, to indemnify and to save the other Party harmless from any damage or liability, the same shall be deemed to include defense of the indemnitee by the indemnitor, such defense to be through legal counsel reasonably acceptable to the indemnitee.

14.4.9 No Third -Party Beneficiaries; Disclaimer of Partnership, Lender/ Lessee Relationship. Nothing contained in this Agreement is intended to or shall be deemed to confer upon any person, other than the Parties any rights or remedies hereunder. The relationship of the parties under this Agreement is solely that of City and Lessee, and it is expressly understood and agreed that the City does not as a result of this Agreement in any way nor for any purpose become a partner of Lessee or a joint venturer with Lessee in the conduct of business or otherwise by Lessee. This Agreement is not intended to, and shall not be construed to, create the relationship of principal and agent, partnership, joint venture, or association as between the City and Lessee. It is further expressly understood and agreed that this Agreement is not intended to, and shall not be construed to create the relationship of lender and borrower, and the City does not, solely as a result of this Agreement, become a lender to Lessee.

14.4.10 Entire Agreement. This Agreement, together with exhibits which by this reference are hereby incorporated herein, contains the entire agreement between the Parties relative to the transactions covered hereby. All previous correspondence, communications, discussions, agreements, understandings or proposals and acceptances thereof between the Parties or their representatives, whether oral or written, are deemed to have been integrated into and superseded by this Agreement and are of no further force and effect except as expressly provided in this Agreement.

14.4.11 Waiver; Modification. No waiver of any breach of any covenant or provision of this Agreement shall be deemed a waiver of any subsequent breach of the same or any other covenant or provision hereof. No waiver shall be valid unless in writing and executed by the waiving party. An extension of time for performance of any obligation or act shall not be deemed an extension of the time for performance of any other obligation or act, and no extension shall be valid unless in writing and executed by the waiving party. The City Manager, in his or her sole discretion, may make minor amendments to the Agreement. This Agreement may be amended or modified only by a written instrument executed by the Parties.

14.4.12 Time is of the Essence. Time is of the essence of this Agreement and of each provision hereof.

14.4.13 Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be an original and all of which together shall constitute one and the same instrument.

14.4.14 Action by the Parties. Except as may be otherwise specifically provided herein, whenever any approval, notice, direction, consent or request by the City in its capacity as landlord hereunder is required or permitted under this Agreement, such action shall be in writing, and such action may be given, made or taken by the City Manager or by any person who shall have been designated by the City Manager , without further approval by the City Docusign Envelope ID: 6E51DDB5-847C-4AE6-8350-D57C17B17B93

Council unless the City Manager determines in his or her discretion that such matter requires consideration by the City Council.

14.4.15 Non-Liability of Officials, Employees and Agents. No member, official, employee or agent of the City or the City shall be personally liable to Lessee or its successors in interest in the event of any default or breach by the City or for any amount which may become due to Lessee or the permitted successors in interest of Lessee pursuant to this Agreement.
[Signatures on Following Page]
Docusign Envelope ID: 6E51DDB5-847C-4AE6-8350-D57C17B17B93

IN WITNESS WHEREOF, the Parties hereto have executed this Agreement by their duly authorized representatives in the city of Pittsburg, State of California, as of the date first written above.

CITY OF PITTSBURG
a Municipal Corporation

By:

Darin Gale
City Manager

LESSEE
individuals, doing business together as Approved Auto Center of Pittsburg

By: ______________________________ ______________________________ Robert Chudy Gustavo Espinoza

APPROVED AS TO FORM

By:

Donna Mooney
City Attorney

Docusign Envelope ID: 6E51DDB5-847C-4AE6-8350-D57C17B17B93 12/3/2025
12/4/2025

EXHIBIT A

PROPERTY

A certain parcel of land situated in the City of Pittsburg, County of Contra Costa, State of California and more particularly described as 2101 Railroad Avenue.

APN:. 088-171-035

Docusign Envelope ID: 6E51DDB5-847C-4AE6-8350-D57C17B17B93

OFFICE OF THE CITY MANAGER/EXECUTIVE DIRECTOR
65 Civic Avenue
Pittsburg, CA 94565

TO: Mayor and Council Members

FROM: Darin Gale - City Manager

SUBJECT: 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

MEETING DATE: December 15, 2025

EXECUTIVE SUMMARY

Effective January 1, 2026, the California minimum wage will increase from $16.50 per hour to $16.90 per hour. As the seasonal salary schedule presently has wages below the minimum, the City is required to increase the salaries impacted by the State’s new minimum wage and amend the salary schedule to comply with CalPERS’ interpretation of the requirements of California Code of Regulations, Title 2, Section 570.5 by amending the single master pay schedule.

FISCAL IMPACT

The fiscal impact for FY2025/26 is estimated to be $8,000, which includes a salary adjustment to the Water Plant Operator salary steps. Such costs will be absorbed by the Public Works Department budget. No additional appropriations are required in the current year.

RECOMMENDATION

It is recommended that the City Council adopt the resolution to amend the seasonal salary schedule effective December 21, 2025, the start of the first pay period of 2026, and to amend the City of Pittsburg’s master pay schedule for all employee classifications so the City is in compliance with the requirements of the California Code

of Regulations, Title 2, Section 570.5 and the California Public Employees’ Retirement System (CalPERS) relating to publicly available pay schedules for purposes of determining the amount of “compensation earnable” pursuant to Government Code Sections 20630, 20636, and 20636.1.

BACKGROUND

The California State’s minimum wage will increase from $16.50 to $16.90 per hour effective January 1, 2026. The City is required to pay employees an hourly wage that is at, or above, the minimum wage. Additionally, an amendment is needed to the salary steps of Water Plant Operator classification due to a calculation discrepancy with the certification pay added to salary as adopted by the City Council for the 2025-2028 Teamsters Memorandum of Understanding. The adjustment affects four employees. The total fiscal impact is estimated at $3,200 to appropriately adjust the steps as of July 6, 2025.

On November 17, 2025, City Council directed staff to bring a Fifth Amendment to an open session following the City Attorney’s performance evaluation. The proposed Fifth Amendment includes an increase in compensation to a monthly base salary of $24,782. On November 17, 2025, City Council approved a resolution appointing the new City Manager and authorizing the mayor to execute an employment agreement with a monthly base salary of $26,020.

To comply with CalPERS’ interpretation of the requirements of California Code of Regulations, Title 2, Section 570.5 by amending the single master pay schedule already on the City’s website representing all previously approved actions on the individual classifications of the pay schedule. The single master pay schedule will be submitted to the City Council for approval each time any single MOU or compensation plan is brought to the City Council for approval.

CalPERS, pursuant to their interpretation of California Code of Regulations, Title 2, Section 570.5, recommends all CalPERS employers to maintain their compensation levels in one publicly available document, approved and adopted by the governing body, which must meet all of the following requirements:
• Has been duly approved and adopted by the employer's governing body in accordance with requirements of applicable public meetings laws; • Identifies the position title for every employee position; • Shows the pay rate for each identified position, which may be stated as a single amount or as multiple amounts within a range;
• Indicates the time base, including, but not limited to, whether the time base is hourly, daily, bi-weekly, monthly, bi-monthly, or annual; • Is posted at the office of the employer or immediately accessible and available for public review from the employer during normal business hours or posted on the employer's internet website;
• Indicates an effective date and date of any revisions; • Is retained by the employer and available for public inspection for not less than five years; and

• Does not reference another document in lieu of disclosing the pay rate.

SUBCOMMITTEE FINDINGS

This item was not reviewed by a subcommittee.

STAFF ANALYSIS
The increase is due to the minimum wage law and has an impact on the City’s seasonal classifications. The City currently has forty-seven (47) employees at less than minimum wage whose pay needs to be adjusted.

The fiscal impact is estimated at $4,800, assuming the affected forty-four (44) seasonal employees are in the Recreation Department and three (3) are in other City departments, working 20 hours per week through the end of the fiscal year.

The proposed changes to the seasonal salary schedule have been reviewed and approved by the affected departments. Staff will work with the departments to implement salary adjustments for seasonal employees effective December 21, 2025, the beginning of the first pay period of 2026.

Exhibit A demonstrates the proposed changes to the seasonal classification plan.

Additional modifications to the salary schedule include the classification title change from Community Relations Manager to Community Engagement Officer and the new salary steps, effective July 6, 2025, Water Plant Operator classification was amended due to a calculation discrepancy affecting four employees, which resulted in an additional cost of approximately $3,200 for the current fiscal year, as well as the City Attorney monthly salary increase and City Manager new salary range.

In accordance with the City’s Personnel Rule 11.1, the City Council is asked to establish salary ranges. Salary ranges are set for each class by the City Council.

The adoption of the resolution will comply with CalPERS’ interpretation of the requirements of Code of Regulations section 570.5 by amending the single master pay schedule already on the City’s website representing all previously approved actions on the individual classifications of the pay schedule.

ATTACHMENTS: Resolution
Exhibit A – Salary Schedule

Report Prepared By: Griselda Clift, Senior Human Resources Analyst

Resolution No. 25- Page 1 of 2 December 15, 2025

BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG

In the Matter of:

Amending the Master Pay Schedule to )
Include Amendments to the Seasonal ) RESOLUTION NO.25- Salary Schedule and Previously Approved )
Positions and Compensation )

WHEREAS, the California Public Employees’ Retirement System (CalPERS) has requested all CalPERS employers list their compensation levels on one document, approved and adopted by the governing body, in accordance with Title 2 California Code of Regulations section 570.5, and meeting all of the following requirements thereof:
• Has been duly approved and adopted by the employer's governing body in accordance with requirements of applicable public meetings laws; • Identifies the position title for every employee position; • Shows the pay rate for each identified position, which may be stated as a single amount or as multiple amounts within a range;
• Indicates the time base, including, but not limited to, whether the time base is hourly, daily, bi-weekly, monthly, bi-monthly, or annual; • Is posted at the office of the employer or immediately accessible and available for public review from the employer during normal business hours or posted on the employer's internet website;
• Indicates an effective date and date of any revisions; • Is retained by the employer and available for public inspection for not less than five years; and
• Does not reference another document in lieu of disclosing the pay rate; and WHEREAS, the State of California minimum wage increased from $16.50 per hour to $16.90 per hour effective January 1, 2026; and

WHEREAS, the current seasonal salary schedule has salary steps which are less than the new minimum wage and the City of Pittsburg is required to pay employees at the minimum wage or greater; and

WHEREAS, the salary schedule includes title changes and is prepared for the 2026 State minimum wage increase; and

WHEREAS, the monthly pay rate of Water Plant Operator, City Attorney, and City Manager require amendment; and

WHEREAS, the new monthly pay rate for Water Plant Operator is $8,681 to $10,553, the City Attorney is $24,782, and the City Manager is $26,020; and

WHEREAS, the City now desires to amend the master pay schedule to include previously approved compensation levels for all bargaining groups and all compensation plans of the City of Pittsburg; and

Resolution No. 25- Page 2 of 2 December 15, 2025

WHEREAS, the City’s Personnel Rules call for the City Council to establish the salary ranges for classifications; and

WHEREAS, the fiscal impact is estimated at $8,000.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pittsburg hereby amends the master pay schedule as shown in the attached salary schedule.

PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 15th day of December 2025 by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:

Dionne Adams, Mayor
ATTEST BY:
_______________________
Alice E. Evenson, City Clerk

City of Pittsburg
Monthly Salary Schedule

EXHIBIT A
CLASSIFICATION CODE EFFECTIVE STEP A STEP B STEP C STEP D STEP E STEP F Top Step w/Incentives
Account Clerk 170 7/6/2025 5,051 5,304 5,569 5,847 6,140 6,290 Accountant I 355 7/6/2025 6,874 7,217 7,578 7,957 8,355 8,505 Accountant II 500 7/6/2025 7,694 8,079 8,483 8,907 9,353 9,503 Accounting Supervisor 747 7/6/2025 8,764 9,202 9,662 10,145 10,652 10,802 Accounting Technician 220 7/6/2025 5,897 6,192 6,502 6,827 7,168 7,318 Administrative Analyst I 390 7/6/2025 7,508 7,884 8,278 8,692 9,127 9,277 Administrative Analyst II 702 7/6/2025 8,693 9,128 9,584 10,063 10,566 10,716 Administrative Assistant 160 7/6/2025 5,089 5,344 5,611 5,891 6,186 6,336 Administrative Coordinator 350 7/6/2025 6,676 7,010 7,360 7,728 8,115 8,265 Administrative Specialist 290 7/6/2025 6,305 6,620 6,951 7,299 7,663 7,813 Assistant City Clerk 820 7/6/2025 9,244 9,707 10,192 10,702 11,237 11,387 Assistant City Manager 950 7/6/2025 18,327 19,243 20,205 21,216 22,276 22,276 Assistant Director of Community & Economic Development889 7/6/2025 14,156 14,864 15,607 16,387 17,207 17,207 Assistant Director of Finance 887 7/6/2025 12,667 13,301 13,966 14,664 15,397 15,397 Assistant Director of Public Works - Operations 896 7/6/2025 13,294 13,958 14,656 15,389 16,159 16,309 Assistant Director, Public Works - Engineering 889 7/6/2025 14,156 14,864 15,607 16,388 17,207 17,207 Assistant Director, Public Works - Utilities 889 7/6/2025 14,156 14,864 15,607 16,388 17,207 17,207 Assistant Engineer 510 7/6/2025 7,902 8,297 8,712 9,147 9,604 10,235 Assistant Planner 450 7/6/2025 7,356 7,723 8,109 8,515 8,941 9,538 Assistant to the City Manager 835 7/6/2025 12,168 12,776 13,415 14,086 14,790 14,790 Associate Engineer 780 7/6/2025 9,149 9,607 10,087 10,591 11,121 11,827 Associate Planner 740 7/6/2025 8,515 8,941 9,388 9,857 10,350 11,017 Building Inspector 520 7/6/2025 7,720 8,106 8,512 8,937 9,384 9,534 Chief Building Official 895 7/6/2025 13,255 13,918 14,613 15,344 16,111 16,261 Chief of Police 955 7/6/2025 19,301 20,266 21,280 22,344 23,461 28,153 City Attorney 943 11/17/2025 24,782 24,782
City Manager 960 11/17/2025 26,020 26,020
Code Enforcement Officer I 258 7/6/2025 6,138 6,445 6,767 7,106 7,461 7,611 Code Enforcement Officer II 415 7/6/2025 7,105 7,460 7,833 8,225 8,636 8,786 Code Enforcement Supervisor 820 7/6/2025 9,244 9,707 10,192 10,702 11,237 11,387 Community Outreach Coordinator 315 7/6/2025 6,512 6,838 7,179 7,538 7,915 8,065 FY 2025/2026
City Council Approved 11/17/2025

City of Pittsburg
Monthly Salary Schedule

EXHIBIT A
CLASSIFICATION CODE EFFECTIVE STEP A STEP B STEP C STEP D STEP E STEP F Top Step w/Incentives
Community Engagement Officer 703 7/6/2025 9,215 9,676 10,160 10,668 11,201 11,351 Community Services Specialist 258 7/6/2025 6,138 6,445 6,767 7,106 7,461 7,611 Construction Inspector I 360 7/6/2025 6,869 7,212 7,573 7,952 8,349 8,917 Construction Inspector II 520 7/6/2025 7,720 8,106 8,512 8,937 9,384 10,003 Crime Analyst 700 7/6/2025 7,986 8,386 8,805 9,245 9,707 9,857 Customer Service Representative 170 7/6/2025 5,051 5,304 5,569 5,847 6,140 6,290 Deputy Chief Information Systems Officer 887 7/6/2025 12,667 13,301 13,966 14,664 15,397 15,397 Deputy Director, Information Technology Operations 887 7/6/202512,667 13,301 13,966 14,664 15,397 15,397 Deputy General Manager, Pittsburg Power Company 887 7/6/202512,667 13,300 13,965 14,664 15,397 15,397 Development Services Coordinator 532 7/6/2025 7,884 8,278 8,692 9,126 9,583 9,733 Development Services Supervisor 881 7/6/2025 10,958 11,506 12,082 12,686 13,320 13,470 Director of City Clerk Services 8351 7/6/2025 12,168 12,776 13,415 14,086 14,790 14,790 Director of Community & Economic Development 9403 7/6/202515,742 16,529 17,355 18,223 19,134 19,134 Director of Community Services 9402 7/6/2025 15,522 16,298 17,113 17,969 18,867 18,867 Director of Finance 9401 7/6/2025 15,522 16,298 17,113 17,969 18,867 18,867 Director of Human Resources 9400 7/6/2025 15,522 16,298 17,113 17,969 18,867 18,867 Director of Public Works/City Engineer 945 7/6/2025 16,181 16,990 17,840 18,732 19,668 19,668 Director of Recreation 9400 7/6/2025 15,522 16,298 17,113 17,969 18,867 18,867 Economic Development Manager 867 7/6/2025 11,764 12,352 12,970 13,619 14,300 14,450 Electrical Technician 420 7/6/2025 7,118 7,474 7,848 8,240 8,652 9,518 Electrical Technician Apprentice 200 7/6/2025 5,685 5,969 6,267 6,581 6,910 7,601 Engineering Technician I 310 7/6/2025 6,445 6,767 7,106 7,461 7,834 7,984 Engineering Technician II 460 7/6/2025 7,464 7,837 8,229 8,641 9,073 9,223 Environmental Health & Safety Officer 832 7/6/2025 10,646 11,179 11,738 12,325 12,941 13,091 Equipment Mechanic 270 7/6/2025 6,288 6,602 6,932 7,279 7,643 8,407 Equipment Shop Supervisor 531 7/6/2025 8,142 8,549 8,976 9,425 9,896 10,046 Executive Assistant 400 7/6/2025 7,125 7,481 7,855 8,248 8,660 8,660 Executive Assistant to the Chief of Police 330 7/6/2025 6,620 6,951 7,298 7,663 8,046 8,196 Finance Division Manager 855 7/6/2025 10,638 11,170 11,729 12,315 12,931 13,081 Financial Analyst 580 7/6/2025 8,811 9,251 9,714 10,199 10,709 10,859 Geographical Information Systems (GIS) Administrator 815 7/6/202510,208 10,719 11,255 11,817 12,408 12,558 FY 2025/2026
City Council Approved 11/17/2025

City of Pittsburg
Monthly Salary Schedule

EXHIBIT A
CLASSIFICATION CODE EFFECTIVE STEP A STEP B STEP C STEP D STEP E STEP F Top Step w/Incentives
Harbormaster 830 7/6/2025 9,781 10,270 10,784 11,323 11,889 12,039 Housing Manager 855 7/6/2025 10,638 11,170 11,729 12,315 12,931 13,081 Housing Program Analyst I 390 7/6/2025 7,508 7,884 8,278 8,692 9,127 9,277 Housing Program Analyst II 702 7/6/2025 8,693 9,128 9,584 10,063 10,566 10,716 Housing Specialist 210 7/6/2025 5,800 6,090 6,394 6,714 7,050 7,200 Human Resources Analyst 701 7/6/2025 8,636 9,067 9,521 9,997 10,497 10,647 Human Resources Specialist 330 7/6/2025 6,620 6,951 7,298 7,663 8,046 8,196 Information Technology Analyst I 420a 7/6/2025 7,118 7,474 7,848 8,240 8,652 8,802 Information Technology Analyst II 720 7/6/2025 8,331 8,748 9,185 9,644 10,127 10,277 Information Technology Manager 866 7/6/2025 11,707 12,292 12,907 13,552 14,230 14,380 Laboratory Supervisor 810 7/6/2025 10,367 10,885 11,429 12,001 12,601 13,459 Lead Customer Service Representative 185 7/6/2025 5,556 5,834 6,126 6,432 6,754 6,904 Lead Electrical Technician 705 7/6/2025 8,240 8,652 9,084 9,539 10,016 11,017 Lead Marina Services Worker 320 7/6/2025 6,581 6,910 7,255 7,618 7,999 8,479 Lead Police Records Technician 255 7/6/2025 6,185 6,495 6,819 7,160 7,518 7,668 Lead Public Works Superintendent 885 7/6/2025 12,651 13,284 13,948 14,645 15,378 15,528 Maintenance Assistant 095 7/6/2025 3,992 4,192 4,401 4,622 4,853 5,144 Maintenance Lead Worker 320 7/6/2025 6,581 6,910 7,255 7,618 7,999 8,799 Maintenance Worker I 140 7/6/2025 4,911 5,156 5,414 5,685 5,969 6,387 Maintenance Worker II 200 7/6/2025 5,685 5,969 6,267 6,581 6,910 7,601 Office Assistant 095a 7/6/2025 3,992 4,192 4,401 4,622 4,853 5,003 Paralegal 400 7/6/2025 7,125 7,481 7,855 8,248 8,660 8,660 Payroll Coordinator 350 7/6/2025 6,676 7,010 7,360 7,728 8,115 8,265 Payroll Supervisor 745 10/20/2025 8,570 8,999 9,449 9,921 10,417 10,567 Permit Center Supervisor 820 7/6/2025 9,244 9,707 10,192 10,702 11,237 11,387 Permit Technician 260 7/6/2025 6,221 6,532 6,858 7,201 7,561 7,711 Pest Control Specialist 470 7/6/2025 7,392 7,761 8,149 8,557 8,985 9,524 Planning Technician 260 7/6/2025 6,221 6,532 6,858 7,201 7,561 7,711 Police Captain 650 7/7/2025 16,950 17,797 18,687 19,621 20,602 21,632 24,877 Police Forensic Technician I 260 7/6/2025 6,221 6,532 6,858 7,201 7,561 7,711 Police Forensic Technician II 425 7/6/2025 7,202 7,562 7,940 8,337 8,754 8,904 FY 2025/2026
City Council Approved 11/17/2025

City of Pittsburg
Monthly Salary Schedule

EXHIBIT A
CLASSIFICATION CODE EFFECTIVE STEP A STEP B STEP C STEP D STEP E STEP F Top Step w/Incentives
Police Lieutenant 640 7/7/2025 14,776 15,515 16,290 17,105 17,960 18,858 22,441 Police Officer 600 7/6/2025 9,100 9,555 10,033 10,535 11,062 11,615 14,925 Police Records Supervisor 540 7/6/2025 8,265 8,679 9,112 9,568 10,047 10,197 Police Records Technician 180 7/6/2025 5,343 5,610 5,890 6,185 6,494 6,644 Police Sergeant 625 7/6/2025 11,166 11,725 12,311 12,926 13,573 14,251 16,573 Police Services Administrator 831 7/6/2025 10,361 10,879 11,423 11,994 12,594 12,744 Police System Coordinator 814 7/6/2025 9,064 9,517 9,993 10,492 11,017 11,718 Power Company Manager 920 7/6/2025 13,562 14,240 14,952 15,700 16,485 16,485 Principal Planner 864 7/6/2025 10,844 11,386 11,955 12,553 13,181 13,990 Property and Evidence Supervisor 540 7/6/2025 8,265 8,679 9,112 9,568 10,047 10,197 Property and Evidence Technician 250 7/6/2025 5,610 5,890 6,185 6,494 6,819 6,969 Public Works Superintendent 880 7/6/2025 10,928 11,474 12,048 12,650 13,283 13,433 Public Works Supervisor 530 7/6/2025 7,832 8,223 8,634 9,066 9,520 10,145 Recreation Coordinator 230 7/6/2025 5,986 6,285 6,600 6,930 7,276 7,426 Recreation Supervisor 550 7/6/2025 7,818 8,209 8,619 9,050 9,503 9,653 Revenue Operations Supervisor 745 7/6/2025 8,570 8,999 9,449 9,921 10,417 10,567 Senior Accounting Technician 313 7/6/2025 6,487 6,812 7,152 7,510 7,885 8,035 Senior Administrative Analyst 825 7/6/2025 10,063 10,566 11,094 11,649 12,232 12,382 Senior Building Inspector 760 7/6/2025 8,677 9,111 9,566 10,045 10,547 10,697 Senior Civil Engineer 865 7/6/2025 11,208 11,769 12,357 12,975 13,624 13,774 Senior Construction Inspector 760 7/6/2025 8,677 9,111 9,566 10,045 10,547 11,224 Senior Financial Analyst 790 7/6/2025 10,200 10,710 11,246 11,808 12,399 12,549 Senior Housing Program Analyst 825 7/6/2025 10,063 10,566 11,094 11,649 12,232 12,382 Senior Human Resources Analyst 821 7/6/2025 9,996 10,496 11,020 11,571 12,150 12,300 Senior Information Technology Analyst 815 7/6/2025 10,208 10,719 11,255 11,817 12,408 12,558 Senior Payroll Coordinator 385 7/6/2025 7,343 7,711 8,096 8,501 8,926 9,076 Senior Permit Technician 359 7/6/2025 6,843 7,185 7,544 7,922 8,318 8,468 Senior Planner 840 7/6/2025 9,858 10,351 10,869 11,412 11,983 12,732 Sweeper Operator 140 7/6/2025 4,911 5,156 5,414 5,685 5,969 6,327 Traffic Engineer 881 7/6/2025 10,958 11,506 12,082 12,686 13,320 13,470 Utility Lead Technician 870 7/6/2025 12,399 13,019 13,670 14,354 15,072 15,976 FY 2025/2026
City Council Approved 11/17/2025

City of Pittsburg
Monthly Salary Schedule

EXHIBIT A
CLASSIFICATION CODE EFFECTIVE STEP A STEP B STEP C STEP D STEP E STEP F Top Step w/Incentives
Utility Lineworker 742 7/6/2025 8,870 9,314 9,779 10,268 10,782 11,429 Utility Maintenance Worker 312 7/6/2025 6,758 7,096 7,451 7,823 8,214 8,707 Utility Supervisor 811 7/6/2025 12,361 12,979 13,628 14,310 15,025 15,175 Utility Technician 863 7/6/2025 11,272 11,836 12,428 13,049 13,702 14,524 Water Instrument/Maintenance Technician I 480 7/6/2025 8,337 8,753 9,191 9,651 10,133 10,640 Water Instrument/Maintenance Technician II 750 7/6/2025 9,650 10,132 10,639 11,171 11,730 12,316 Water Maintenance Mechanic I 480 7/6/2025 8,337 8,753 9,191 9,651 10,133 10,640 Water Maintenance Mechanic II 750 7/6/2025 9,650 10,132 10,639 11,171 11,730 12,316 Water Plant Apprentice Operator 200 7/6/2025 5,685 5,969 6,267 6,581 6,910 7,255 Water Plant Operator 560 7/6/2025 8,681 9,115 9,571 10,050 10,553 11,925 Water Quality Analyst I 380 7/6/2025 7,338 7,705 8,091 8,495 8,920 9,826 Water Quality Analyst II 710 7/6/2025 8,835 9,277 9,741 10,228 10,739 11,736 Water Treatment Plant Superintendent 883 7/6/2025 12,049 12,652 13,284 13,949 14,646 15,196 Water Treatment Plant Supervisor 810 7/6/2025 10,367 10,885 11,429 12,001 12,601 13,839 SEASONAL/ HOURLY/ EXTRA HELP CLASSIFICATIONSCODE EFFECTIVE Mininum Maximum Hourly Administrative Support Associate 0500 12/21/2025 20.00 50.00 50.00 Executive Consultant 910 12/21/2025 40.00 100.00 100.00 Intern - High School 0550 12/21/2025 16.90 16.90 16.90
Intern - College 0510 12/21/2025 16.90 19.00 19.00
Maintenance Aide 0530 12/21/2025 18.76 25.53 25.53
Police Trainee 6009 8/18/2025 38.00 38.00 38.00
Professional Consultant 0540 12/21/2025 30.00 90.00 90.00 Recreation Leader I 0550 12/21/2025 16.90 16.90 16.90
Recreation Leader II 0560 12/21/2025 17.00 21.50 21.50
Recreation Leader III 0570 12/21/2025 17.50 24.50 24.50 Technical Consultant 0520 12/21/2025 25.00 80.00 80.00
ELECTED OFFICIAL CLASSIFICATIONS CODE EFFECTIVE Monthly City Clerk and City Treasurer 8349 470
City Council 8177 500
City Council -- member of a different governing board
if serving on Tri Delta Transit $100 per meeting visit www.TriDeltaTransit.com if serving on Delta Diablo Sanitation District $209 per meeting visit ddsd.org FY 2025/2026 City Council Approved 11/17/2025

OFFICE OF THE CITY MANAGER/EXECUTIVE DIRECTOR
65 Civic Avenue
Pittsburg, CA 94565

TO: Mayor and Council Members

FROM: Darin Gale - City Manager

SUBJECT: Adoption of a City Council Resolution Amending the 2025- 2028 Senior Executive Team Salary and Benefits Schedule

MEETING DATE: December 15, 2025

EXECUTIVE SUMMARY

An amendment to the Senior Executive Agreement was approved by City Council on July 21, 2025. The latest amendment included incentives paid to the Chief of Police. This item is a request to remove the Command College incentive and replace it with a Peace Officer Standards and Training (POST) Executive Certificate as this incentive is earned in the capacity of a Police Chief.

FISCAL IMPACT

There are no additional costs to this request for fiscal year 2025/2026.

RECOMMENDATION

City Council adopt the Resolution amending the 2025-2028 Senior Executive Team Salary and Benefits Schedule.

BACKGROUND

In accordance with Pittsburg Municipal Code, Title II, Chapter 2.08.090, the City Council shall determine and set salary and benefit levels for City employees. The Senior Executive group is at-will and serves at the pleasure and direction of the City Manager. This item contemplates an amendment to the Senior Executive Team’s salary and benefits schedule commencing July 1, 2025 through June 30, 2028 (Contract

Period), which modifies the pay incentives of the Chief of Police to align with CalPERS recognized special compensation as well as appropriate training and development expectations for the role of Police Chief.

SUBCOMMITTEE FINDINGS

This item was not presented to a subcommittee.

STAFF ANALYSIS

City Council adopted the 2025-2028 Senior Executive Agreement on July 21, 2025. An amendment was previously approved to more clearly define the compensation, incentives, and benefit terms for the Chief of Police.

Staff recommends to further amend the incentive terms for the Chief of Police by removing the two and a half percent (2.5%) incentive for completion of Command College, previously aligned with the Police Management Group, and instead, adding two and a half percent (2.5%) for the achievement of a POST Executive Certification, which requires successful completion of the POST Executive Development Course, and possession of a minimum of two years of law enforcement experience as a permanent agency head with the current employing agency.

ATTACHMENTS: Resolution
Exhibit A – Senior Executive Team Salary and Benefits Schedule

Report Prepared By: Jennifer Brizel, Director of Human Resources

Resolution No. 25- Page 1 of 2 December 15, 2025

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

Amending the 2025-2028 Senior Executive ) RESOLUTION NO. 25- Team Salary and Benefits Schedule )
WHEREAS, in accordance with Pittsburg Municipal Code, Title II, Chapter 2.08.090, the City Council shall determine and set salary and benefit levels for City employees. The Management Group and Senior Executive Team are unrepresented employee groups; and WHEREAS, positions within this group are at-will and serve at the pleasure and direction of the City Manager; and
WHEREAS, City Council adopted the 2025-2028 Senior Executive Agreement on July 21, 2025, which included an amendment to more clearly define the compensation, incentives and benefit terms for the Chief of Police; and WHEREAS, it is necessary to amend the Senior Executive Team’s salary and benefits schedule commencing July 1, 2025 through June 30, 2028 (Contract Period) in order to modify the pay incentives of the Chief of Police to align with CalPERS recognized special compensation as well as appropriate training and development expectations for the role of Police Chief; and
WHEREAS, staff recommends to further amend the incentive terms for the Chief of Police by removing the two and a half percent (2.5%) incentive for completion of Command College, previously aligned with the Police Management Group, and instead, adding two and a half percent (2.5%) for the achievement of a POST Executive Certification, which requires successful completion of the POST Executive Development Course, and possession of a minimum of two years of law enforcement experience as a permanent agency head with the current employing agency; and WHEREAS, upon adoption of this Resolution, the City Manager will incorporate the agreed upon terms and conditions to the Unrepresented Management and Senior Executive Team Summaries of Benefits.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pittsburg hereby approves the amendments to the 2025-2028 Senior Executive Team Summary of Benefits and authorizes the City Manager to amend the summary documents outlined in the agreements attached hereto and marked as Exhibit A.

Resolution No. 25- Page 2 of 2 December 15, 2025

PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 15th day of December 2025, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:

Dionne Adams, Mayor
ATTEST BY:

Alice E. Evenson, City Clerk

City of Pittsburg
Senior Executive Team Salary & Benefits Schedule
Effective July 1, 2025

1. POSITIONS COVERED .............................................................................................. 2

2. SALARIES .................................................................................................................. 2

2.1 Winter Closure ........................................................................................................... 2

3. BENEFITS ................................................................................................................... 3

3.1 Medical ....................................................................................................................... 3

3.2 Retiree Medical – hired before January 1, 2012 .....................................................4

3.3 Dental .........................................................................................................................6

3.4 Medical and/or Dental Alternative ............................................................................6

3.5 Flexible Benefits Plan ...............................................................................................7

3.6 Life Insurance ............................................................................................................7

3.7 Long-Term Disability .................................................................................................7

3.8 Deferred Compensation ............................................................................................7

3.9 Retirement ..................................................................................................................8

3.10 Social Security ...........................................................................................................9

3.11 Education Reimbursement .......................................................................................9

3.12 Employee Assistance Program ................................................................................9

3.13 Professional Association Dues ................................................................................9

3.14 Chief of Police Incentives .........................................................................................9

4. Leaves ........................................................................................................................9

4.1 Administrative Leave ..............................................................................................10

4.2 Vacation Accrual & Usage ......................................................................................10

4.2.1 Accruals ...................................................................................................................10

4.2.2 Use of Vacation .......................................................................................................10

4.2.3 Minimum Use ........................................................................................................... 10

4.2.4 Vacation Buyback ................................................................................................... 12

4.2.5 Vacation Conversion to 401(a) Contribution ........................................................12

4.2.6 Holidays Falling During Vacations ........................................................................12

4.2.7 Service Achievement Incentive Plan ..................................................................... 11

4.3 Sick Leave Accrual & Usage .................................................................................. 12

4.4 Personal Necessity Leave ...................................................................................... 13

4.5 Holidays/Holiday Pay/Floating Holidays ...............................................................13

4.6 Catastrophic Leave .................................................................................................14

4.6.1 Definitions ................................................................................................................14

4.6.3 Procedures ...............................................................................................................15

4.7 Bereavement Leave .................................................................................................15

4.8 Compensation (Workers’ Comp Salary Continuation) Leave .............................15

4.9 Leave without Pay………………………………………………………………………..15

5.0 STANDARD HOURS OF WORK & OVERTIME ......................................................16 Appendix A. .............................................................................................................17

1. POSITIONS COVERED
This Booklet includes a summary of benefits for all classifications designated as the City Senior Executive Team. All covered positions are at-will appointments, serving at the pleasure of the City Manager.

Positions included in this group are listed in Appendix A.

EXHIBIT A

Whenever there exists a conflict between this document and an employment contract, if any, then said employment contract shall prevail.

2. SALARIES
Salary ranges for covered positions shall be as set forth in Appendix A, which is attached hereto and made a part hereof.

In accordance with the City’s Personnel Rules, no person may be paid less than the minimum, nor more than the maximum of the salary range for the class in which employed. Further, because the Senior Executive Team has a salary range, and not salary steps, no person’s salary automatically changes when the salary range changes. Advancement within a salary range is based on performance and requires the approval of the City Manager.

2.1 Winter Closure
Beginning July 5, 2015, the City shall implement a winter closure in each fiscal year. The Winter Closure shall take place sometime during the period of December 1 and January 31 of each fiscal year.

Beginning with the 2022-23 Fiscal Year, the Winter Closure, will occur as follows, Non-essential City operations will be closed to the public between the Christmas and New Year’s Day holidays. However, the City shall determine the actual winter closure schedule for each employee in the unit based on the service needs of their department. Employees will be encouraged to take time off, however, it will not be a requirement.

Employees electing to take time off may choose to take vacation, compensatory time, floating holiday time or unpaid time during the closure period. The use of unpaid leave during winter closure time will not negatively impact the employee’s qualification for paid holidays (e.g., December 25 or January 1); or qualification for City-paid health benefits. However, additional paid leaves do not accrue during unpaid leave time.

Closure of Facilities to the Public
The City Manager may also choose to close some or all City facilities to the public while maintaining operational staffing levels to allow staff to complete special projects or reduce work backlogs.

3. BENEFITS

3.1 Medical
The City will provide a medical insurance plan through Kaiser Permanente and will make every reasonable effort to maintain a second option through a Non-Kaiser HMO plan that allows members to choose their physician based on that physician’s ability to accept coverage through said plan.

City’s contribution toward medical insurance

Effective January 1, 2019, the City’s contribution for a full-time employee and his/her eligible dependents for each level of benefit (single, dual, and family) for medical insurance shall be set at one hundred percent (100%) of the Kaiser Permanente premium rate. Employees electing to enroll in a medical insurance plan with premium rates higher than the Kaiser Permanente premium rate shall be required to pay the difference in premium rates between the Kaiser Permanente premium rate and the higher plan premium rate selected by the employee.

City’s contribution toward regular part-time employees
Employees working a minimum of one thousand (1,000) hours per fiscal year, but working less than full-time, and their eligible dependents, shall receive pro-rata medical benefits based on scheduled work hours. The remaining medical premium shall be deducted from the employee's paycheck. The City’s contribution rate will be the above rate regardless of which of the City’s group health plans (Kaiser or Non-Kaiser HMO Plan) employees and their dependents participate in.

3.2 Retiree Medical – hired before January 1, 2012
A. Effective January 1, 2012 and only for those regular non-safety employees hired before January 1, 2012 the City provides contribution/reimbursement toward retiree medical insurance as provided below:

1. Retired non-safety employee with a minimum of fifteen (15) but fewer than twenty (20) years of full-time regular City service shall receive the lesser of his/her actual premium amount or fifty percent (50%) of the active employee Kaiser premium per month for the retiree only; or

2. Retired non-safety employee with a minimum of twenty (20) but fewer than twenty-five (25) years of full-time regular City service shall receive the lesser of his/her actual premium amount or seventy-five percent (75%) of the active employee Kaiser premium per month for the retiree only; or

3. Retired non-safety employee with a minimum of twenty-five (25) years of full-time regular City service shall receive the lesser of his/her actual premium amount or one hundred percent (100%) of the active employee Kaiser premium (retiree only or retiree and spouse, whichever is applicable) per month for the retiree and retiree’s spouse.

4. Within the confines of Retiree Medical Insurance, the term “full-time regular City service” shall also include hourly service for those full- time employees who transitioned from hourly status to regular status during the period of 1994 through 1998.

5. A retired non-safety employee’s spouse (spouse at time of retirement only) who receives no City contribution for spousal health insurance is eligible to participate in the City’s offered retiree health insurance

program; provided, however, that the retired employee and spouse agree to fully pay the monthly premium plus an additional two percent (2%) of the monthly premium as a City administrative fee.

6. The City’s contribution toward retiree health insurance, and the retiree and/or retiree’s spouse’s participation in the City’s offered retiree health insurance, shall end at the end of the month following the retired non-safety employee’s sixty-fifth (65 th) birthday. In the event the retiree passed away before his/her sixty-fifth (65th) birthday then the City’s contribution toward the surviving spouse’s monthly premium shall continue until the end of the month following what would have been the retired employee’s sixty-fifth (65th) birthday.

B. Effective for Chief of Police hired as an employee of the City on or after September 15, 2007, and before July 1, 2011, the City provides contribution/reimbursement toward retiree medical insurance as follows:

1. Retired safety employees who retire with an industrial disability retirement with fewer than fifteen (15) years of full-time regular City service and his/her surviving spouse shall receive the lesser of his/her actual premium amount or twenty-five percent (25%) of the early retiree Kaiser premium per month (retiree or retiree and spouse, whichever is applicable); or

2. Retired safety employees with a minimum of ten (10) but fewer than fifteen (15) years of full-time regular City service and his/her surviving spouse shall receive the lesser of his/her actual premium amount or twenty-five percent (25%) of the early retiree Kaiser premium per month; or

3. Retired safety employees with a minimum of fifteen (15) but fewer than twenty (20) years of full-time regular City service and his/her surviving spouse shall receive the lesser of his/her actual premium amount or fifty percent (50%) of the early retiree Kaiser premium (retiree only or retiree and spouse, whichever is applicable) per month; or

4. Retired employees with a minimum of twenty (20) years of full-time regular City service and his/her spouse shall one hundred percent (100%) coverage for the retiree and eligible spouse. Coverage premiums to be capped at the level of the higher of the two least expensive City early retiree medical plans.

7. Exclusions – The benefits described above shall apply to all current and future retirees except for the following exclusions:

a. Retirees who do not retire directly from City service; or

b. Retirees and their spouses who are included in the Pittsburg Municipal Employees Retirement System of 1948; or

c. Spouses of deceased retirees who remarry an individual not eligible for benefits under this provision; or

d. Retirees who fail to comply with any requirements as described in ‘verifications”; or

e. Spousal benefits described in this provision shall only apply to the spouse married to the retiree at the time of retirement.

Spousal benefits cannot be acquired after retirement nor can they be transferred to a different spouse as in the case of death or divorce and remarriage; or

8. Verification – Retired employees who do not purchase medical insurance plan made available to retired employees/spouses by the City must submit annually proof of medical insurance. Retired employees and spouses of deceased employees must submit annually verification, on a form furnished by City, of continued eligibility.

B. Employees hired on or after January 1, 2012 will be provided a Retirement Health Savings (RHS) plan, to which the City and Employee shall both contribute seventy-five dollars ($75) per month.

Participation in the plan is required by the employee.

3.3 Dental
The City contributes one hundred percent (100%) of the dental insurance premium for a full-time employee and his/her eligible dependents.

Employees working a minimum of one thousand (1,000) hours per fiscal year, but working less than full-time, and their eligible dependents, shall receive pro-rata medical benefits based on scheduled work hours. The remaining medical premium shall be deducted from the employee's paycheck.

3.4 Medical and/or Dental Alternative
An employee eligible for the City’s sponsored medical insurance and who opts to waive participation because the employee has provided documentation verifying that they are receiving medical insurance coverage from a source other than the City shall have a City monthly contribution of either two-hundred ($200) for single coverage, three-hundred ($300) for dual coverage or five-hundred dollars ($500) for family coverage.

An employee eligible for the City’s sponsored dental insurance and who opts to waive participation because the employee has provided documentation verifying that they are receiving dental insurance coverage from a source other than the City shall have a City monthly contribution of twenty-five dollars ($25.00).

A regular part-time employee represented by this bargaining unit and who elects either the medical alternative and/or dental alternative shall receive one-half (1/2) of the monthly contribution provided to a full-time employee.

3.5 Flexible Benefits Plan
The City offers an Internal Revenue Code Section 125 Plan that contains the components of premium conversion, health care reimbursement account, and dependent care reimbursement account. Employee participation is on an optional basis. The City shall provide and pay all costs of administering the plan.

Effective January 1, 2018, the City shall make an annual contribution (January 1 of each year) of $100.00 to a health care reimbursement flexible spending account for each medical plan subscriber. The City shall also make an annual “matching” contribution (January 1 of each year) of up to $100.00 to the flexible spending account for each medical plan subscriber for a maximum annual City contribution of $200.00. Any employee enrolling into a medical plan after January 1 shall have a prorated amount contributed into the account.

Effective July 1, 2025, the City shall provide an annual dental supplement benefit of $250 to be deposited into the employee’s FSA until a viable alternative plan is available and provided to employees. The annual payment will be discontinued thereafter.

3.6 Life Insurance
The City provides, at its expense, a Life Insurance/Accidental Death & Dismemberment policy for each employee, including the Chief of Police at the coverage amount of 1&1/2 times their annual salary to a maximum benefit of two hundred fifty thousand dollars ($250,000).

3.7 Long-Term Disability
The City provides, at its expense, long-term disability benefits for covered positions. This plan provides a benefit of 60% of the monthly salary to a maximum salary of fifteen thousand dollars ($15,000) a month to a maximum benefit of nine thousand dollars ($9,000) a month, after a one hundred eighty (180) day waiting period.

3.8 Deferred Compensation
The City will make a “matching” contribution to the 457 deferred compensation plan for participating regular full-time employees up to a maximum of one-hundred fifty dollars and zero cents ($150.00) per month.

The City will make a “matching” contribution to the 457 deferred compensation plan for participating regular part-time employees up to a maximum of seventy-five dollars ($75.00) per month.

3.9 Retirement
All current and new non-safety employees will be covered by the Public Employees’ Retirement System (PERS) plans in accordance with the California Public Employees’ Pension Reform Act of 2013 (PEPRA).

A. For all represented employees hired by the City of Pittsburg before July 10, 2011 and enrolled in the City’s non-safety PERS benefit with an effective date before July 10, 2011 the employee shall be covered by a pension program provided by the State of California Public Employees’ Retirement System (PERS) to the City through a contract. This system, known as the 2% at 55 formula, is described periodically in brochures distributed by PERS.

The City agrees to provide PERS retirement benefits and maintain the following enhancements to the basic PERS 2% at 55 formula:

1. One Year Final Compensation (Section 20042)

2. Annual Cost-of-Living Increase at 3% (Section 21335)

3. Military Service Credit as Public Service (Section 21024)

4. Credit for Unused Sick Leave (Section 20965)

5. EPMC as Additional Compensation (Section 20691)

B. For all represented non-safety employees hired by the City of Pittsburg on or following July 10, 2011 and enrolled in the City’s non- safety PERS benefit with an effective date of July 10, 2011 or later the employee shall be covered by a pension program provided by the State of California Public Employees’ Retirement System (PERS) to the City through a contract under the 2% at 60 formula, based on the average monthly pay over a thirty-six month period (“3 year average”) with a 2% annual cost-of-living increase and as is described periodically in brochures distributed by PERS. The City agrees to provide and maintain the following enhancements to the basic PERS 2% at 60 formula:

a) Military Service Credit as Public Service (Section 21024) b) Credit for Unused Sick Leave (Section 20965)
c) EPMC as Additional Compensation (Section 20691)

Employees enrolled in the 2% at 55 formula or the 2% at 60 formula shall contribute the entire seven percent (7%) employee share.

C. For all represented non-safety employees hired on or after January 1, 2013, who are considered “new members” under California Government Code Section 7522.04(f) shall be in the 2% at 62 CalPERS retirement formula described in Government Code Section 7522.20(a). In addition, “new members” shall be subject to the equal sharing and contribution requirements in Section 7522.30(a) and (c) and shall pay at least 50% of the normal costs.

Effective for Fiscal Year 2017/18 and implemented on July 2, 2017 all non- safety employees within the unit except for the Chief of Police will contribute an additional 1% of salary towards pension costs for a total of 8%.

Effective July 1, 2018, all classic non-safety employees within the unit shall contribute an additional one-half of one percent (.5%) of salary towards CalPERS unfunded accrued liability pension costs for a total of 8.5%.

Effective July 14, 2019, all classic non-safety employees within the unit shall contribute an additional one-half of one percent (.5%) of salary towards CalPERS unfunded accrued liability pension costs for a total of 9%.

D. The Chief of Police will be covered by the Public Employees’ Retirement System (PERS) plans in accordance with the California Public Employees’ Pension Reform Act of 2013 (PEPRA).

E. The Chief of Police – (if hired as an employee of the City before October 30, 2011)
The Chief of Police is covered by a pension program provided by the State of California Public Employees’ Retirement System (PERS) to the City through a contract. This system, known as the 3% at 50 formula, is described periodically in brochures distributed by PERS.

The City agrees to provide and maintain the following enhancements to the basic PERS 3% at 50 formula for the Chief of Police:

1. One Year Final Compensation (Section 20042)

2. Annual Cost-of-Living Increase at 3% (Section 21335)

3. Military Service Credit as Public Service (Section 21024)

4. Credit for Unused Sick Leave (Section 20965)

5. Fourth Level 1959 Survivor Benefits (Section 21574)

6. Effective June 17, 2007 through July 9, 2011: EPMC as Additional Compensation (Section 20691). Effective July 10, 2011 the City shall not report EPMC as additional compensation.

Effective July 1, 2018, the Chief of Police will contribute an additional 1% of salary towards pension costs for a total of 12% contribution of salary.

Effective July 14, 2019, the Chief of Police will contribute an additional 1% of salary towards pension cost for a total of 13% contribution of salary.

3.10 Social Security
All non-safety employees shall have coverage under Federal Social Security in accordance with the provisions of law. This program requires contributions by both the employee and the employer in accordance with schedules provided by the Federal Government.

3.11 Education Reimbursement
When, in the opinion of the City Manager, a training course to be taken by an employee will be of benefit to the City, the City Manager may authorize payment by the City of 100% of tuition charges, fees, the cost of textbooks and supplies or twenty-four hundred dollars ($2400), whichever is lower, each calendar year the employee is enrolled in approved training.

Additionally, the City will reimburse 50% of the direct cost of tuition, books, and supplies, or three hundred dollars ($300), whichever is lower, annually for approved direct costs between $2400 and $3000.

Reimbursement of costs associated with training/education will only be made if the employee receives a letter grade of "C", or better or in cases of courses offered as pass/fail, a grade of pass.

Costs for education reimbursement come from each individual departmental budget.

A regular part-time employee shall be eligible for a pro-rated amount of tuition reimbursement.

3.12 Employee Assistance Program
The City contracts and pays for an employee assistance program providing each employee and their household members with up to eight (8) visits per incident per year.

3.13 Professional Association Dues
The City pays for membership dues in applicable professional associations, subject to approval of the City Manager.

3.14 Chief of Police Incentives
Effective July 1, 2022, the Chief of Police shall receive cost of living adjustments to the annual rate of pay in the same manner as provided to Police Captains within the Pittsburg Police Managers’ Group (PMG).

The City shall provide the Chief of Police with educational incentive pay of ten percent (10%) of base salary for possession of a Masters degree, Peace Officer Standards and Training (POST) Advanced Certificate Incentive of five percent (5%) of base salary, POST Management Incentive of two and one half percent (2.5%) of base salary and Command CollegePOST Executive Certificate pay of two and one half percent (2.5%) of base salary.

The annual uniform allowance for the Chief of Police is one thousand dollars ($1,000). The uniform allowance is prorated every pay period with a regular paycheck.

4. LEAVES

4.1 Administrative Leave
Exempt employees receive a maximum of ninety-six (96) hours Administrative Leave each calendar year. Said hours are credited to the employee's Administrative Leave time bank each January 1 st such that the January 1st balance is exactly ninety-six (96) hours. This benefit is made available on a "use or lose" basis and as such may not be carried from one calendar year to the next. All requests for Administrative Leave are to be reviewed and approved by the City Manager.

4.2 Vacation Accrual & Usage

4.2.1 Accruals
The vacation accrual rate shall be:

Years of Continuous
Public Sector Service Accrual Rate
0-5 Years Accrue 4.00 hours per pay period (13 days)
6-10 Years Accrue 5.54 hours per pay period (18 days) 11 Years Accrue 5.85 hours per pay period (19 days)
12 Years Accrue 6.15 hours per pay period (20 days)
13 Years Accrue 6.47 hours per pay period (21 days)
14 Years Accrue 6.77 hours per pay period (22 days)
15-19 Years Accrue 7.08 hours per pay period (23 days) 20 and more years Accrue 8.62 hours per pay period (28 days)

4.2.2 Use of Vacation
Vacation shall be taken at such time as is mutually convenient for the department and the employee.

1. Maximum Accumulation: The maximum accrual allowed is two times annual accrual to a maximum of three hundred and eighty (380) hours. Accruals will be monitored by the Finance Department. Once the maximum accrual has been reached, an employee will not accrue additional vacation until his/her accrual balance is reduced, by either use or buyback.

2. Double Compensation Prohibited: Employees shall not work for the City during their vacation.

4.2.3 Vacation Buyback
Employees may receive vacation pay in lieu of paid time-off, subject to the following limitations. Buyback shall only be made at the request of the employee and upon the approval of the City Manager. Approvals will be granted if it is determined that “buyback” will result in increased cost- effectiveness and efficiency to the City as determined by the City Manager.

Employees may elect to sell back a maximum of forty (40) hours of vacation per calendar year. Employees desiring to sell back vacation must file an irrevocable election identifying the number of vacation leave hours they will sell back in November (November 1-21) of the tax year preceding the sell back. The election will apply only to vacation leave hours accrued in the following tax year and the employee may receive payment during the City’s designated payment period. Employees who do not pre-designate a sell back amount by the annual deadline will be deemed to have waived the right to sell back any vacation leave in the following tax year and will not be eligible to sell back vacation leave in that year. Vacation hours bought back shall be paid at the employee’s normal hourly rate of pay at the time of the buyback, excluding any enhancements such as out of class or project pay.

Effective July 1, 2025, the total City-wide allocation for the buyback program will be $225,000 per fiscal year. The City shall establish an annual window period for the receipt of vacation buyback requests (November 1 – 21). At the conclusion of the window period, the City will tabulate the total dollar value of the buyback requests. If the total dollar value is less than or equal to $225,000 employee will receive, upon the City Manager’s approval, payment as noted above. If the total dollar value of the requests exceeds $225,000, request hours will be pro-rated and employees paid accordingly.

Should this occur, employee will be credited with vacation hours in excess of those hours determined eligible for the buyback program.

Individual employees may elect to have payouts of vacation leave deposited directly into the employee’s account in the City’s deferred compensation 457b Plan. If the employee does not so elect or if the funds cannot lawfully be deposited into the employee’s deferred compensation account (e.g., if they would exceed the maximum contribution), the payout will be included in the employee’s paycheck for the applicable pay period.

In the event the IRS issues an official circular letter or regulation rescinding the constructive receipt tax issue concerning vacation cash-out as identified in PLR 2001-30015, the annual pay out will revert to the process described in the May 17, 2021, Salary and Benefits Schedule.

4.2.5 Vacation Conversion to 401(a) Contribution
Employees within this bargaining unit will convert an equal dollar amount of vacation towards a contribution to a 401(a) plan. All members of this bargaining unit will be required to contribute an amount equal to eighty (80) hours of vacation for the lowest paid member of the unit. Employees with a higher hourly rate will convert however many hours that equate to the same dollar amount as 80 hours for the lowest paid member.

4.2.6 Holidays Falling During Vacations
When a day designated and observed by the City as a holiday occurs on a day on which an employee is taking vacation, such employee shall not be charged as using vacation for that day. The employee’s compensation for that day shall be holiday and shall not be paid or charged as vacation.

4.2.7 Service Achievement Incentive Plan
The City acknowledges the value of retaining experienced employees. In recognition of previous years of full-time continuous service with the City, the City shall implement a Service Achievement Incentive Plan as follows:

1. At the completion of five (5) years of service, the employee shall receive forty (40) hours of vacation to be added to the employee’s reserve vacation bank.

2. At the completion of ten (10) years of service, the employee shall receive fifty (50) hours of vacation to be added to the employee’s reserve vacation bank.

3. At the completion of fifteen (15) years of service, the employee shall receive sixty (60) hours of vacation to be added to the employee’s reserve vacation bank.

4. At the completion of twenty (20) years of service, the employee shall receive seventy (70) hours of vacation to be added to the employee’s reserve vacation bank.

5. At the completion of twenty-five (25) years of service, the employee shall receive eighty (80) hours of vacation to be added to the employee’s reserve vacation bank.

6. At the completion of thirty (30) years of service, the employee shall receive eighty (80) hours of vacation to be added to the employee’s reserve vacation bank.

7. At the completion of thirty-five (35) years of service, the employee shall receive eighty (80) hours of vacation to be added to the employee’s reserve vacation bank.

8. At the completion of forty (40) years of service, the employee shall receive eighty (80) hours of vacation to be added to the employee’s reserve vacation bank.

9. Upon initial implementation of the Service Achievement Incentive Plan, effective July 1, 2018:

a. Employees with at least five (5) years, but less than ten (10) years of full-time continuous service with the City shall receive a preliminary reserve vacation bank of twenty (20) hours.

b. Employees with ten (10) years or more of full-time continuous service with the City shall receive a preliminary reserve vacation bank of forty (40) hours.

The Service Achievement Incentive Plan bank shall not have a vacation leave accrual limit.

Employees may utilize the reserve vacation bank accrued hours in accordance with section 4.2.2 - Use of Vacation.

4.3 Sick Leave Accrual & Usage

4.3.1 Definitions
“Sick leave” shall apply only to instances wherein an employee, because of sickness or injury, is unable to perform their regular duties.

4.3.2 Limitations
Sick leave with pay shall be granted to all employees in accordance with the City’s Personnel Rules.

4.3.3 Accruals
Regular full-time employees shall accrue sick leave at the rate of eight (8) hours per month.

Regular part-time employees shall accrue sick leave in the amount proportionate to the ratio of scheduled hours of work per week to the standard work week, but in no case shall the number of sick leave hours accrued each month exceed eight (8).

4.3.4 Unused Sick Leave
Unused sick leave may be accumulated. There are no maximum accrual limits for sick leave. No payment shall be made for accumulated sick leave at the time of separation from employment. Upon retirement, unused sick leave is converted to service credit.

4.3.5 Sick Leave Incentive
Employees who use no sick leave in any fiscal quarter shall have four (4) hours credited towards vacation with a maximum accrual during any one (1) year to be sixteen (16) hours.

4.3.6 Notifications
Employees must notify their supervisor prior to the beginning of any working shift at which they will not report for work and for which they desire to use sick leave.

4.3.7 Compensation
Full pay and allowances will accrue to employees during periods of authorized sick leave.

4.3.8 Unearned Sick Leave
Employees may not "borrow" on unearned sick leave.

4.4 Personal Necessity Leave
Employees may use a maximum of thirty-two (32) hours of accrued sick leave per calendar year for reasons of personal necessity. For purposes of this section, personal necessity shall mean the employee requests leave from their work to attend to personal business that cannot be dispensed with off duty. Personal necessity leave is to be requested in advance and shall be reviewed and (dis)approved by the City Manager. Personal necessity leave is considered use of sick leave.

4.5 Holidays/Holiday Pay/Floating Holidays
All employees shall be entitled to the following paid holidays each year:

1. January 1st – New Year’s Day

2. Third Monday in January – Martin Luther King

3. Third Monday in February – President’s Day

4. March 31st – Cesar Chavez Day

5. Last Monday in May – Memorial Day

6. June 19th - Juneteenth

7. July 4th – Independence Day

8. First Monday in September – Labor Day

9. Second Monday in October – Columbus Day

10. November 11th – Veteran’s Day

11. Fourth Thursday in November – Thanksgiving Day

12. Day Following Thanksgiving – Friday following Thanksgiving

13. December 25th – Christmas Day

14. Twenty-four (24) hours of floating holiday.

Effective July 1, 2025, Senior Executives will receive an additional Floating Holiday (for a total of 32 hours of Floating Holiday). The additional 8 hours of Floating Holiday will sunset June 30, 2028, reverting to a total of 24 hours of Floating Holiday.

Holidays falling on a Saturday will be observed on the preceding Friday.

Holidays falling on a Sunday will be observed on the following Monday.

Holidays falling during the week will be observed on the actual day.

4.6 Catastrophic Leave
The Catastrophic Leave Program is designed to assist employees who have exhausted paid time credits due to an employee’s or their immediate family member’s serious or catastrophic illness or injury. This program allows other employees to donate time to the affected employee so that he/she can remain in a paid status for a longer period of time, thus partially reducing the financial impact of the illness or injury.

4.6.1 Definitions

1. Catastrophic Illness or Injury – A medically certified illness, injury impairment, physical or mental condition of an employee or an employee’s immediate family member that prevents an employee from returning to work for a period of thirty (30) calendar days or more.

The term “immediate family member” shall mean spouse or domestic partner, child, stepchild, adopted or foster child, parent or parent-in- law.

2. Leave to be donated – Vacation or sick leave.

4.6.2 Eligibility

1. Donors
a. Only regular employees are eligible to donate accrued vacation or sick leave.
b. Donating employees may not reduce their balance of earned vacation or sick leave below forty (40) hours by reason of such donation.

2. Recipients
a. Only regular employees may participate in the Catastrophic Leave program.

b. Certification from a physician that the illness/injury will preclude the employee from returning to work for at least thirty (30) calendar days must be submitted to the Human
Resources Department with the application.
c. All accumulated time, sick leave, vacation time and
administrative leave must have been exhausted.
d. A request for a leave of absence without pay for medical reasons has been submitted and approved.
e. Request for participation in the program shall be made on an Application for Catastrophic Leave Program form (available in Human Resources).

4.6.3 Procedures

1. Donations must be a minimum of one day at a time and submitted on the appropriate donation form.

2. Time donated will be converted from the type of time donated to sick leave and credited to the recipient employee’s sick leave balance on an hour-for-hour basis and shall be paid at the rate of pay of the recipient employee.

3. Donations, once made, are irrevocable.

4. Any period of donated leave may be counted as Family and Medical Leave time.

5. Employees may not remain on catastrophic leave or receive leave donations for a continuous period exceeding six (6) calendar months.

6. Verification of catastrophic illness must be submitted by a licensed physician to Human Resources.

7. Employees are eligible for this benefit only once during their employment with the City.

8. Employees must have accumulated a minimum of one hundred and twenty (120) hours of sick leave or eighty (80) hours of vacation time before a donation can be made.

4.7 Bereavement Leave
Employees shall be entitled to Bereavement Leave in accordance with the City’s Personnel Rules.

4.8 Compensation (Workers’ Comp Salary Continuation) Leave Employees are covered by Workers' Compensation benefits pursuant to the statutes of the State of California. For non-safety employees, over and above the Workers' Compensation statutory benefits, the City shall pay full salary on the first day of work loss due to an on-the-job injury/illness and will continue to provide said benefits through the employees' sixtieth (60 th) calendar day of work loss. After the sixtieth (60 th) calendar day, benefits shall be paid pursuant to the statutes of the State of California.

4.9 Leave without Pay
Employees may receive authorization for an unpaid leave of absence for up to six (6) months, with the approval of the City Manager.

5. STANDARD HOURS OF WORK & OVERTIME
The City has determined that all classifications within this unit are exempt and are therefore not eligible for overtime in accordance with Title 29, Part 541 of the Code of Federal Regulations, FLSA.

During a labor dispute, a natural or war-caused disaster, or other emergency situation, the City Council, by motion, or the City Manager may authorize overtime pay for members of this unit who are customarily not entitled thereto. The City’s standard work week is forty (40) hours.

Appendix A

A. Effective the first pay period following July 1, 2025, Senior Executives will receive a cost-of-living adjustment (COLA) of 2.7%.

B. Effective the first pay period following July 1, 2026, Senior Executives will receive a COLA minimum of 2% and maximum of 3% based on the December 2025 Consumer Price Index for All Urban Consumers for San Francisco-Oakland-Hayward (CPI-U). The maximum COLA may rise to 4% based on the December 2025 Consumer Price Index for All Urban Consumers for San Francisco-Oakland-Hayward and a general fund on- going revenue target of $65.5M according to the FY 2026/2027 adopted budget.

C. Effective the first pay period following July 1, 2027, Senior Executives will receive a COLA minimum of 2% and maximum of 3% based on the December 2025 Consumer Price Index for All Urban Consumers for San Francisco-Oakland-Hayward (CPI-U). The maximum COLA may rise to 4% based on the December 2025 Consumer Price Index for All Urban Consumers for San Francisco-Oakland-Hayward and a general fund on- going revenue target $68M according to the FY 2027/2028 adopted budget.

D. “On-Going Revenue” is defined as revenue generated by existing and ongoing programs such as sales tax; transit occupancy tax; property tax; franchise fees; fines and forfeitures; intergovernmental revenue; permits, licenses, and fees; service fees; and other transfer “types” into the General Fund having taken place consistently for the previous three (3) years. On-going revenue excludes any one-time funds; that have restrictions in which they may be used and those funds specifically designated for capital projects as well as fees or sales taxes paid in relation to development projects subject to a development agreement, as these projects may require one-time fees in excess of the City’s anticipated ongoing revenue projections.

E. Fiscal Year 2025/26 monthly full-time salary ranges are:

Effective July 6, 2025
Classification Minimum Maximum
Assistant City Manager 17,454 22,277
Chief of Police 18,382 23,461
Director of City Clerk Services 11,588 14,790
Director of Community and Economic Development 14,992 19,134 Director of Community Services 14,783 18,867
Director of Finance 14,783 18,867
Director of Human Resources 14,783 18,867
Director of Public Works/City Engineer 15,574 19,668

Director of Recreation 14,783 18,867

F. Whenever an individual is employed in a listed classification with a monthly salary listed, at less than full-time, then said employee shall receive a pro-rata equivalent of the stated monthly salary.

OFFICE OF THE CITY MANAGER/EXECUTIVE DIRECTOR
65 Civic Avenue
Pittsburg, CA 94565

TO: Mayor and Council Members

FROM: Darin Gale - City Manager

SUBJECT: Adoption of a City Council Resolution Authorizing the Mayor to Execute the Fifth Amendment to the Employment
Agreement with the City Attorney

MEETING DATE: December 15, 2025

EXECUTIVE SUMMARY

After conducting an evaluation by the City Council of the City Attorney's performance, the City Council and City Attorney have negotiated and agreed upon a Fifth Amendment to the Employment Agreement with the City Attorney and proposes to execute said Fifth Amendment to the Employment Agreement.

FISCAL IMPACT

The employment agreement amendment will result in an approximate increased payroll cost of $33,000 for Fiscal Year 2025/2026.

RECOMMENDATION

It is recommended that the City Council adopt a Resolution to authorize the Fifth Amendment to the Employment Agreement for the City Attorney.

BACKGROUND

On July 16, 2018, the City Council approved the appointment of Donna Mooney as City Attorney and authorized the Mayor to negotiate and sign an employment agreement with Ms. Mooney on behalf of the City. The employment agreement required an annual

merit-based performance evaluation process after the first year of employment with the City.

On September 8, 2019, the City Council adopted Resolution #19-13685 authorizing amendments to Ms. Mooney’s employment agreement to increase salary and extend the agreement term.

On September 20, 2021, the City Council adopted Resolution #21-13992 authorizing amendments to Ms. Mooney’s employment agreement to increase salary, add deferred compensation, and extend the agreement term to September 4, 2024.

The Third Amendment to the Employment Agreement extended the term to September 4, 2025 and added an automatic renewal, increased the compensation by five percent (5%) effective July 10, 2022, and established an annual cost of living adjustment.

The Fourth Amendment to the Employment Agreement was authorized on August 21, 2023, which included an amendment to the employment agreement to revise Section 5, Compensation of the Agreement to include, effective September 3, 2023, a four percent (4%) cost of living adjustment (COLA) added to base salary; and effective the first pay period in September 2024, a four percent (4%) COLA, added to base salary.

On November 17, 2025, City Council directed staff to bring the Fifth Amendment to an open session following the City Attorney’s performance evaluation. The proposed Fifth Amendment includes changes to Sections 3, Termination and Severance as well as Section 5, Compensation and Deferred Compensation.

SUBCOMMITTEE FINDINGS

This item was not submitted to a subcommittee.

STAFF ANALYSIS

Ms. Mooney received a performance review in closed session with the City Council on November 17, 2025. It is the compensation philosophy of the City Council to provide competitive salary and benefits to retain the City's valued employees. A market-rate compensation survey of local City Attorney positions in Contra Costa County concluded that Pittsburg’s current City Attorney salary rate was over ten percent (10.67%) below the average monthly salary of City Attorneys of the comparative cities. Staff proposes to add

0.7% to the two percent (2%) COLA received in September 2025 to align with the Senior Executive Team COLA as well as a five percent (5%) equity adjustment to bring the City Attorney within five percent (5%) of the total compensation median.

The City Council provided authorization to proceed with the following amendments to the City Attorney’s Agreement:

Section 3, Termination and Severance Pay, of the Agreement to include parity with the City Manager’s Agreement, Section 5(A).

Section 5, Compensation, of the Agreement to include, effective the first full pay period in September 2025, a 0.7% cost of living adjustment (COLA) will be added to base salary; and effective the first full pay period in September 2025, a five percent (5%) equity adjustment, will be added to base salary. Additionally, in parity with the City Manager Agreement, the City Attorney shall receive cost of living adjustments equal to and at the time provided to the Senior Executive Team.

Section 5.1, Deferred Compensation, of the Agreement to include, effective upon adoption of the agreement, an additional ten thousand dollars annually toward the City Attorney’s 457(b) plan.

The Mayor and Ms. Mooney agreed upon the amended terms of Ms. Mooney’s employment and the requisite employment agreement amendment was prepared.

ATTACHMENTS: Resolution
Fifth Amendment to Employment Agreement

Report Prepared By: Jennifer Brizel, Director of Human Resources

BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG

In the Matter of:

Authorizing the Mayor to Execute the )
Fifth Amendment to the Employment ) RESOLUTION NO. 25- Agreement with the City Attorney )

WHEREAS, the City Council hired Donna Mooney to serve as City Attorney of the City of Pittsburg and entered into an employment agreement (“Agreement”) on July 16, 2018; and

WHEREAS, the parties have negotiated certain amendments to the Agreement, as follows: 1) Effective August 31, 2025, a 0.7% cost of living adjustment (COLA) and a five percent (5%) equity adjustment will be added to base salary increasing the base monthly salary to $24,782; 2) Effective the first pay period following authorization of the fifth amendment to the employment agreement, an additional contribution of $10K annually will be added to the City Attorney’s deferred compensation program; and 3) Parity with the City Manager on the provisions for termination severance, and for senior executive COLA Sections 5(A) and 6(C) within the recently negotiated City Manager’s contract; and

WHEREAS, Donna Mooney has indicated her concurrence with the amended terms of the Agreement.

NOW, THEREFORE, BE IT RESOLVED that the City Council hereby authorizes the Mayor to execute the Fifth Amendment to the Agreement and directs staff to implement the provisions as set forth in the recitals above.

PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 15th day of December 2025 by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:

Dionne Adams, Mayor
ATTEST BY:

Alice E. Evenson, City Clerk

FIFTH AMENDMENT TO

EMPLOYMENT AGREEMENT

This Fifth Amendment to the Principal Agreement made and entered into on July 6, 2018, hereafter referred to as Agreement, between Donna Mooney, an individual, therein referred to as Employee, and the City of Pittsburg, a municipal corporation, therein referred to as City, is made and entered into on this 17th day of December 2025.

WHEREAS, the parties entered into an Agreement on July 6, 2018, for City Attorney services for a term of three years commencing September 4, 2018, and ending on September 4, 2021; and

WHEREAS, the parties entered into a First Amendment titled “Employment Agreement Amendment #1” on September 8, 2019, to increase the term by one year and increase compensation; and

WHEREAS, the parties entered into a Second Amendment on September 21, 2022, to extend the term and increase the compensation; and

WHEREAS, the parties entered into a Third Amendment on July 1, 2022, to provide for an automatic extension of the term, increase the compensation, and establish an annual cost-of-living adjustment; and

WHEREAS, the parties entered into a Fourth Amendment on September 3, 2023, to increase the compensation by making cost-of-living adjustments for 2023 and 2024; and

WHEREAS, the parties seek to amend the Agreement to provide an equity adjustment as well as other amendments.

NOW, THEREFORE, Employee and City do mutually agree as follows:

1. Compensation. Section 5 including Section 5.1 of the Agreement is hereby amended to read as follows:

A. CITY agrees to pay EMPLOYEE for services rendered hereunder at a monthly rate of $24,782 per month, which sum shall be considered base salary and shall be payable in installments at the same time as other employees of the CITY are paid, and subject to customary withholdings.

B. EMPLOYEE shall receive cost of living adjustments equal to and at the time provided to the Senior Executive Team.

C. As part of EMPLOYEE’s annual compensation, CITY agrees to provide a Section 457 deferred compensation program and pay into such program for the EMPLOYEE’s benefit, Ten Thousand Dollars ($10,000). This contribution amount will be

divided equally in monthly or bi-weekly installments at the same time and in the same manner as other employees of the City are paid. This contribution shall increase proportionally with any increase in the EMPLOYEE’s compensation as described in Section 5(A).

D. CITY shall reduce EMPLOYEE’s annual vacation accrual up to eighty (80) hours and contribute the cash value of this reduction, based on EMPLOYEE’s base salary, as an employer contribution to EMPLOYEE’s Internal Revenue Code 401(a) deferred compensation plan. Such reduction in vacation accrual and deferred compensation contribution shall be payable in installments at the same time as other employees of the City are paid.

2. Termination and Severance Pay. Section 3(b) of the Agreement is hereby amended to read as follows:

(b) If CITY terminates this Agreement (thereby terminating EMPLOYEE’s employment) without Cause, as determined by the affirmative votes of a majority of the members of the City Council at a Regular Meeting of the City Council, or if the City Council and the EMPLOYEE mutually agree to the EMPLOYEE’s resignation, and in either case, if the EMPLOYEE signs, delivers to the City Council, and does not revoke, the General Release Agreement in the form attached hereto as Exhibit A, CITY shall pay EMPLOYEE a lump sum benefit equal to twelve (12) months of her then base salary, and shall provide twelve (12) months of health (medical, dental, and vision) benefits continuing under the benefits plans in which EMPLOYEE and his/her dependents are then enrolled or, at the EMPLOYEE’s discretion, a cash payment in lieu of such benefits (the case payment and continuing benefits, collectively “Severance”). Additionally, EMPLOYEE will be paid for all benefits earned and accrued, including unused leave, in the same manner as the Senior Executive Team upon separation.

3. Exhibit A. Exhibit A, labeled as Attachment 1 to this Fifth Amendment, is hereby added to the Agreement.

4. Integration. This Fifth Amendment contains the entire agreement between the parties with respect to its subject matter and supersedes whatever oral or written understanding they may have had prior to the execution of this Fourth Amendment. This Fifth Amendment shall not be amended or modified except by a written agreement executed by each of the parties. Except as specifically revised herein, all terms and conditions of the Agreement shall remain in full force and effect.

5. Inconsistencies. In the event of any conflict or inconsistency between the provisions of this Fifth Amendment and the Agreement, the provisions of this Fifth Amendment shall control in all respects.

6. Ambiguities. The parties have each carefully reviewed this Fifth Amendment and have agreed to each term of this Fifth Amendment. No ambiguity shall be presumed to be construed against either party.

IN WITNESS WHEREOF, the parties have entered into this Fifth Amendment on the day and year first hereinabove appearing.

EMPLOYEE

By:

Donna Mooney

CITY OF PITTSBURG

By:

Dionne Adams, Mayor

Attachment 1 to Fifth Amendment

EXHIBIT A

GENERAL RELEASE AGREEMENT

This General Release Agreement (“Release Agreement”) is entered into by and between ____________________ ("City Attorney") and CITY OF PITTSBURG (“City"), in light of the following facts:

A. City Attorney’s employment with City concluded on ____________.

B. Certain disputes have arisen between City and City Attorney.

C. City and City Attorney each deny any liability whatsoever to the other.

D. City and Attorney wish to fully and finally resolve any and all disputes they may have with each other.

E. City Attorney is hereby informed that he/she has twenty-one (21) days from receipt of this Agreement to consider it. City hereby advises City Attorney to consult with his/her legal counsel before signing this Agreement.

F. City Attorney acknowledges that for a period of seven (7) days following the signing of this Agreement ("Revocation Period"), he/she may revoke the Agreement. This Agreement shall not become effective or enforceable until the day the Revocation Period has expired.

G. City Attorney acknowledges that the Salary Payment referenced in paragraph 1 of this Agreement represents all compensation, including salary, accrued benefit balances and reimbursed expenses, due and payable to him/her through the date of employment termination.

City Attorney also acknowledges that City has made this Salary Payment without regard to whether he/she signs this Agreement. The Salary Payment does not constitute consideration for this Agreement.

1. Receipt of Salary Payment. City Attorney hereby acknowledges receipt of a check or checks for all compensation owing to him/her, including salary, accrued benefit balances and reimbursed expenses ("Salary Payment") from City.

2. Severance. Within five (5) days following City Attorney’s signing, delivering to the City, and not revoking this Agreement, City shall pay City Attorney the gross amount provided for in Section 3(b) the attached Employment Agreement, less applicable deductions, and shall provide the months of medical benefits as provided in that same Section 3(b). City Attorney acknowledges that the Severance is in excess of all amounts due and owing her as a result of his employment by City.

3. General Release. In consideration of the Severance to be paid and provided to City Attorney, and other good and valuable consideration, City Attorney hereby releases and discharges City and its past and present City Council Members, employees, representatives and agents, from all rights, claims, causes of action, and damages, both known and unknown, in law or in equity, concerning and/or arising out of his/her employment by City which he/she now has, or ever had, including but not limited to any rights, claims, causes of action or damages arising under Title VII of the Civil Rights Act of 1964, the Vocational Rehabilitation Act of 1973, the Employee Retirement Income Security Act, the Americans with Disabilities Act, the Age Discrimination in Employment Act, the Older Workers Benefits Protection Act, the Family and Medical Leave Act of 1993, the Domestic Partners Act of 2003, the California Labor Code, the Private Attorneys General Act of 2004, the California Moore-Brown-Roberti Family Rights Act, the California Unruh Civil Rights Act, the California Fair Employment and Housing Act, any other federal, state, or local employment practice legislation, or any federal or state common law, including wrongful discharge, breach of express or implied contract, or breach of public policy.

City Attorney hereby waives and relinquishes all rights and benefits afforded by Section 1542 of the Civil Code of California. City Attorney understands and acknowledges the significance and consequences of this specific waiver of Section 1542. Section 1542 of the Civil Code of California states as follows:
"A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor." Notwithstanding the provisions of Section 1542, and for the purpose of implementing a full and complete release and discharge of City and its past and present City Council Members, employees, representatives and agents, City Attorney expressly acknowledges that this General Release is intended to include in its effect, without limitation, all claims which he/she does not know or suspect to exist in his/her favor.

City Attorney further acknowledges that he/she has read this General Release and that he/she understands that this is a general release, and that he/she intends to be legally bound by the same.
[continued on next page]

4. Fees and Costs. City Attorney and City agree that in the event of litigation relating to this Release Agreement, the prevailing party shall be entitled to recover his/her/its reasonable attorneys' fees and costs.

Dated __________ ____, 20__ CITY OF PITTSBURG

By:________________________________

Dated: __________ ____, 20__ ________________________________

CITY ATTORNEY

APPROVED AS TO FORM:

By: ______________________

Date:______________________

OFFICE OF THE CITY MANAGER/EXECUTIVE DIRECTOR
65 Civic Avenue
Pittsburg, CA 94565

TO: Mayor/Chair and Council/Governing Board Members

FROM: Darin Gale - City Manager/Executive Director

SUBJECT: Adoption of City Council and Pittsburg Arts and Community Foundation Resolutions Authorizing the City
Manager/Executive Director to Amend/Establish the Fiscal Year 2025/26 Budget

MEETING DATE: December 15, 2025

EXECUTIVE SUMMARY

Staff has been reviewing the fiscal year (FY) 2025/26 budget and has determined that certain corrections are needed to appropriately reflect revenues received and pay for operations of various City programs. Finance worked with department staff who identified several additional operational needs necessitating budget amendments. Also, the Pittsburg Arts and Community Foundation seeks to establish its FY 2025/26 budget.

FISCAL IMPACT

The proposed amendments to the City of Pittsburg Operating Budget for FY 2025/26 include an increase of $1.2 million in revenue estimates for various City funds ($0.4 million Supplemental Law Enforcement program, $0.5 million in developer reimbursements and $0.3 million for the Assessment District-Century Plaza Auto Mall 2001-01 fund). The $0.4 million and $0.5 million were booked as deferred income and deposit liability, respectively, as opposed to being recognized as revenues received.

The $0.3 million was a keying error.

The amendment also includes an increase of about $5.6 million in expenditure appropriations over the adopted budget. All increases are attributed to funds outside of the General Fund for which resources are restricted for a specified purpose. While the

departmental budgets reflect the correct appropriations of various fringe benefits, the account into which these allocations are deposited and paid were not established and accounts for approximately $2.5 million. All but three debt service accounts were established. These three accounts to be established are related to the Century Plaza Auto Mall 2001-3, Vista del Mar 2005-2, and Reassesment District 2022-1 community facilities districts, which account for approximately $1.7 million. The remaining amounts of approximately $1.4 million are comprised of small accounts such as the CalHome funds for the Housing Rehabilitation Loan Program; California Theatre, General Plan Update.

Finally, PACF Operating Budget for FY 2025/26 is to be established with an anticipated revenue of $0.13 million and expenditure appropriation of $0.46 million. The difference will be funded by PACF's existing fund balance.

RECOMMENDATION

Adopt the City Council and Pittsburg Arts and Community Foundation Resolutions amending and establishing FY 2025/26 budgets.

BACKGROUND

The City Council approved the resolutions establishing the FY 2025/26 budget to reflect anticipated revenues and expenditures for the current fiscal year. After the FY 2025/26 budget was uploaded into the City’s new financial system, Finance staff, with assistance from various department staff, determined that certain funds had missing or incomplete budgets. Additionally, staff identified a few programs that required additional funding to implement ongoing programs.

Also, because PACF and the Railroad Book Depot's futures were under review, PACF's budget was not established during the June 2025 budget process.

SUBCOMMITTEE FINDINGS

This item was not presented to a subcommittee.

STAFF ANALYSIS

All budget corrections recommended for approval are outside of the General Fund.

Many of the funds’ revenues were included in the FY 2025/26 adopted budget.

However, the corresponding expenditures were inadvertently omitted. The detailed list of funds, including purpose of the revenues and expenditures identified by staff as missing or incomplete, are provided in Attachments A1 and B1.

There are three funds (California Theatre, CalHome Program, and PACF) identified by staff that require additional appropriations to carry out programs. California Theatre must be established to cover the costs of the management contract and utilities.

CalHome funds, as mentioned in the Fiscal Impact, are used for issuing housing rehabilitation loans. PACF is anticipated to receive approximately $0.13 million in revenues and expend approximately $0.46 million in expenditures. The expenditures include a financial commitment of up to $0.2 million between PACF and Revision Publishing LLC. PACF has a fund balance of approximately $0.25 million which will satisfy PACF's financial obligation.

ATTACHMENTS: City Resolution
Pittsburg Arts and Community Foundation Resolution
City FY 2025/26 Proposed Budget Amendments
PACF FY 2025/26 Proposed Budget Amendments

Report Prepared By: Elena Adair, Director of Finance

BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG

In the Matter of:

Approving the City's Operating Budget )
Amendments For Fiscal Year 2025-26 ) RESOLUTION NO.25-

WHEREAS, on June 16, 2025, the City Council adopted Resolution No. 25-14634, approving the City of Pittsburg annual Budget for Fiscal Year 2025/26; and

WHEREAS, staff recommends that City Council adjust the fiscal year 2025/26 budget for additional expenditure appropriations and corrections to the adopted budget; and

WHEREAS, staff is proposing that the non-General Fund revenue budgets be increased by $1,213,028 and expenditures appropriations be increased by $5,631,541, as set forth in Attachment A1 of the Staff Report accompanying this Resolution for FY 2025/26; and

WHEREAS, Finance Department staff is working with City departments to ensure all operations are adequately funded; and

WHEREAS, the City Council has considered the report and recommendations of the City Manager on the budget amendments and has determined that the budget amendments are both fair and appropriate; and

WHEREAS, this budget adjustment ensures that the City of Pittsburg has exercised prudent judgment in its fiduciary responsibility as guardian of the public tax dollars in a publicly transparent manner.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pittsburg hereby amends the City’s fiscal year 2025/26 Budget, which increases revenues in the non-General Funds by $1,213,028, and increases expenditure appropriations in the non-General Funds by $5,631,541 as set for the in Attachment A1 to the Staff Report accompanying this Resolution.

PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 15th day of December 2025 by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:

Dionne Adams, Mayor
ATTEST BY:

Alice E. Evenson, City Clerk

BEFORE THE GOVERNING BOARD OF THE PITTSBURG ARTS AND COMMUNITY

FOUNDATION OF THE CITY OF PITTSBURG

In the Matter of:

Establishing the Operating Budget for Fiscal )
Year 2025/26 of the Pittsburg Arts and ) RESOLUTION NO.25- Community Foundation Inc. )

WHEREAS, the Pittsburg Arts and Community Foundation Inc. annual Budget for Fiscal Year (FY) 2025/26 was not established in June 2025; and

WHEREAS, staff is proposing to establish revenues at $130,000 and expenditures appropriations to be $461,000, as set forth in Attachment B1 of the Staff Report accompanying this Resolution. The expenditures include a financial commitment of up to $200,000 between PACF and Revision Publishing LLC. PACF has a fund balance of approximately $255,000 which will satisfy PACF's financial obligation; and

WHEREAS, Finance department staff is working with City departments to ensure all operations are adequately funded; and

WHEREAS, the Board has considered the report and recommendations of the City Manager on the budget amendments and has determined that the budget amendments are both fair and appropriate.

NOW, THEREFORE, BE IT RESOLVED that the Governing Board of the Pittsburg Arts and Community Foundation of the City of Pittsburg hereby establishes and approves PACF's FY 2025/26 Operating Budget with revenues of $130,000 and expenditure appropriations of $461,000 as set for the in Attachment B1 to the Staff Report accompanying this Resolution.

PASSED AND ADOPTED by the Governing Board of the Pittsburg Arts and Community Foundation at a regular meeting on the 15th day of December 2025, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:

Dionne Adams, Chair
ATTEST BY:

Alice E. Evenson, Board Secretary

Attachment A1
City of Pittsburg
FY 2025/26 Budget
Proposed Budget Corrections
Revenue/ Expenditures/ Fund Balance/
Transfers In Transfers Out Reserves

OTHER FUNDS
California Theatre (120)
Operating Expenses Theatre management contract and utility costs 190,603 (190,603) Total California Theatre Fund - 190,603 (190,603) General Plan Update (130)
Other Contractual & Professional Contract services 215,000 (215,000) Total General Plan Update Fund - 215,000 (215,000) Asset Forfeiture (211)
Operating Expenses Use of forfeited assets for public safety related activities 40,000 (40,000)
Total Asset Forfeiture Fund - 40,000 (40,000) Public Education & Gov't (PEG) (215)
Misc Equipment & Furniture <$5K Equipment for Council Chambers 20,000 (20,000) Other Contractual & Prof Svc Council Chambers costs 133,000 (133,000) Total Public Education & Gov't (PEG) - 153,000 (153,000) CalHome Program (245)
Operating Expenses CalHome Program new loans and operating costs 153,000 (153,000)
Total CalHome Fund - 153,000 (153,000) Supplemental Law Enforcement Program (293)
Operating Expenses Program operating costs 350,000 350,000 - Total Supplemental Law Enforcement Program Fund 350,000 350,000 - American Rescue Plan Act (298)
Operating Expenses Full Trash Capture Project - 39,969 (39,969) Total American Rescue Plan Act Fund - 39,969 (39,969) Developer Deposits (308)
Operating Expenses Developer reimbursements; City staff and consulting costs 528,550 262,985 265,565 Total Developer Deposits Fund 528,550 262,985 265,565 Employee Fringe (631)
Workers Compensation Workers Compensation insurance premium 2,297,000 (2,297,000) Unemployment Insurance Quarterly Unemployment insurance 188,500 (188,500) Total Employee Fringe Fund - 2,485,500 (2,485,500) Pension Trust/Reserve Fund (632)
Administrative Fees Administrative Fees 28,000 (28,000) Total Pension Trust/Reserve Fund - 28,000 (28,000)

Attachment A1
City of Pittsburg
FY 2025/26 Budget
Proposed Budget Corrections
Revenue/ Expenditures/ Fund Balance/
Transfers In Transfers Out Reserves
Assessment District -Century Plaza Auto Mall 2001-03 (701) Special Assessments Property Tax Revenue 334,478 - 334,478 Debt Service Bond Interest Expense 108,856 (108,856) Debt Service Bond Principal Payment 200,000 (200,000) Administrative Fees Administrative Fees 13,500 (13,500) Total Assessment District -Century Plaza Auto Mall 2001-03 334,478 322,356 12,122 Vista Del Mar Community Facilities District 2005-2 (703) Debt Service Bond Interest Expense 238,969 (238,969) Debt Service Bond Principal Payment 465,000 (465,000) Administrative Fees Administrative Fees 600 (600) Total Vista Del Mar Community Facilities District 2005-2 - 704,569 (704,569) Reassessment District 2022-1 (705)
Debt Service Bond Interest Expense 175,969 (175,969) Debt Service Bond Principal Payment 510,000 (510,000) Administrative Fees Administrative Fees 590 (590) Total Reassessment District 2022-1 - 686,559 (686,559) Total, Other Funds 1,213,028 $ 5,631,541$ (4,418,513)$

Attachment B1
Pittsburg Arts and Community Foundation
FY 2025/26 Budget
Proposed Budget Corrections
Revenue/ Expenditures/ Fund Balance/
Transfers In Transfers Out Reserves
Pittsburg Arts and Community Foundation (258)
Operating Expenses Rental book store sales; operational costs 130,000$ 461,000$ (331,000)$ Total, Pittsburg Arts and Community Foundation Fund 130,000 $ 461,000$ (331,000)$

OFFICE OF THE CITY MANAGER/EXECUTIVE DIRECTOR
65 Civic Avenue
Pittsburg, CA 94565

TO: Chair and Governing Board Members

FROM: Darin Gale - Executive Director

SUBJECT: Adoption of a Pittsburg Arts and Community Foundation Resolution to Authorize the Executive Director to Execute an Agreement with Revision Publishing LLC Regarding the
Railroad Book Depot and Terminate the Lease at 485
Railroad Avenue

MEETING DATE: December 15, 2025

EXECUTIVE SUMMARY

The Pittsburg Arts & Community Foundation (PACF) seeks authorization to enter into an Agreement to sell certain assets of the Railroad Book Depot to Revision Publishing LLC for purposes of continuing to provide books to the community. In conjunction with the sale, and the buyer's commencement of operations at the same location, PACF shall terminate its lease of 485 Railroad Avenue.

FISCAL IMPACT

If approved, the resolution will authorize the Executive Director to provide financial incentives for milestones achieved by Revision Publishing LLC in the amount of $150,000 up to $200,000 to be funded from PACF Reserve Funds.

RECOMMENDATION

The Governing Board of PACF adopt the attached resolution authorizing the Executive Director to execute the Agreement with Revision Publishing LLC for the sale of the Railroad Book Depot and to terminate the lease at 485 Railroad Avenue.

BACKGROUND

The Railroad Book Depot is owned and operated by PACF, in support of its mission to promote literacy and visual and performing arts.

In November 2010, Railroad Book Depot first opened its doors at 650 Railroad Avenue in downtown Pittsburg, offering a wide variety of free new and used books, sports apparel, gift products, items of local interest, and more. Railroad Book Depot hosts events, field trips, and book clubs, such as poetry readings, book signings, movie nights, and events for kids and adults.

In 2023, the building that housed the Railroad Book Depot was sold, resulting in the Railroad Book Depot’s relocation a block away to its current location. The Railroad Book Depot currently operates within 3,500 square feet of leased retail space located at 485 Railroad Avenue in Pittsburg. The lease permits termination on notice to the landlord within a specified time.

In March 2024, a Request for Proposal (RFP), which sought out a qualified third-party company, non-profit or individual for the operation of the Railroad Book Depot was made available to interested parties. Staff held an optional proposers conference to provide insight and responses to initial questions. Of the ten interested participants, staff received three proposals upon the close of the RFP deadline.

SUBCOMMITTEE FINDINGS

This item was discussed during the August 11, 2025 Pittsburg Arts and Community Foundation subcommittee meeting.

STAFF ANALYSIS

During the month of April 2024, a panel of staff reviewed and evaluated the three written proposals. Respondents were evaluated according to the areas specified in the RFP: attendance at proposers conference, cover letter, workplan, background and experience, list of collaborative partners, detailed budget, sustainability plan, and bookstore/retail operator experience.

The preferred proposal was received from Revision Publishing LLC, a limited liability company with a range of services including consulting, publishing, workshops, and writing. Revision Publishing LLC has conducted market research and a community needs analysis for an independent bookstore. The financial sustainability plan for the bookstore will focus on increasing revenue streams, managing costs effectively, and building on the pre-existing loyal customer base. While Revision Publishing LLC will continue the operation of the bookstore, it will provide ancillary services such as book signing, workshops, publishing, book fairs, and literacy programs/events.

PACF has determined that selling the inventory of books for one dollar and providing financial incentives for Revision Publishing LLC’s achievement of milestones fulfills PACF’s mission to improve the quality of life in Pittsburg through its support of literacy.

Upon the execution of this agreement, PACF will terminate the lease as tenant of 485 Railroad Avenue.

ATTACHMENTS: Resolution
Agreement By and Between Pittsburg Arts & Community
Foundation, Inc. and Revision Publishing, LLC (Railroad Book Depot)

Report Prepared By: Kolette Simonton, Director of Recreation

Resolution No. 25- Page 1 of 2 December 15, 2025

BEFORE THE GOVERNING BOARD OF THE PITTSBURG ARTS AND COMMUNITY

FOUNDATION OF THE CITY OF PITTSBURG

In the Matter of:

Authorizing the Executive Director to Execute an )
Agreement with Revision Publishing LLC ) RESOLUTION NO. 25- Regarding the Railroad Book Depot and )
Authorizing Termination of Lease at 485 Railroad Ave )

WHEREAS, the Pittsburg Arts and Community Foundation (PACF) is a non-profit corporation with the mission of improving the quality of life in Pittsburg through its support of literacy, art and performing arts, and promoting community pride. PACF operates the Railroad Book Depot, a store offering used and new books for purchase by the community to facilitate education of youth and adults; and

WHEREAS, PACF is a tenant of 485 Railroad Avenue in Pittsburg, California, Railroad Book Depot's current location; and

WHEREAS, PACF owns and proposes to sell certain assets connected with Railroad Book Depot to Revision Publishing LLC for the purposes of continuing to provide books for purchase by the community, subject to any exclusions set out in the Agreement, and Revision Publishing LLC proposes to buy these certain assets; and

WHEREAS, PACF has determined that selling the inventory of books for one dollar and providing financial incentives for Revision Publishing LLC’s achievement of milestones fulfills PACF’s mission to improve the quality of life in Pittsburg through its support of literacy; and

WHEREAS, PACF seeks to terminate the lease as tenant of 485 Railroad Avenue, and Revision Publishing LLC seeks to enter into a lease as tenant of 485 Railroad Avenue effective on termination of PACF’s lease.

NOW, THEREFORE, BE IT RESOLVED that the Governing Board of the Pittsburg Arts and Community Foundation hereby authorizes the Executive Director to execute the Agreement between Pittsburg Arts and Community Foundation Inc. and Revision Publishing LLC regarding the Railroad Book Depot and to terminate the lease at 485 Railroad Avenue effective December 31, 2025, or any such proximate date to implement the intent of the Agreement.

Resolution No. 25- Page 2 of 2 December 15, 2025

PASSED AND ADOPTED by the Governing Board of the Pittsburg Arts and Community Foundation at a regular meeting on the 15th day of December 2025, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:

Dionne Adams, Chair
ATTEST BY:

Alice E. Evenson, Board Secretary

AGREEMENT BY AND BETWEEN
PITTSBURG ARTS & COMMUNITY FOUNDATION, INC.

AND REVISION PUBLISHING, LLC
(RAILROAD BOOK DEPOT)
THIS AGREEMENT (the "Agreement") made and entered into this 15th day of December, 2025 (the "Execution Date"), by and between Pittsburg Arts and Community Foundation, Inc. (“PACF” or "Seller"), a California 501c3 nonprofit organization, and Revision Publishing LLC (“Purchaser”), a California limited liability company, collectively referred to as the “Parties”.

RECITALS
WHEREAS, the
Seller is a non-profit corporation with the mission to improve the quality of life in Pittsburg through support of literacy, art and performing arts, and promoting community pride, and which operates the Railroad Book Depot, a store offering used and new books for purchase by the community members to facilitate education of youth and adults, as a tenant at 485 Railroad Avenue in Pittsburg, California; and WHEREAS, the Seller owns and desires to sell certain assets of its business to the Purchaser for purposes of continuing to provide books for purchase by the community members, subject to any exclusions set out in this Agreement, and the Purchaser desires to buy the Assets; and
WHEREAS, PACF has determined that selling the inventory of books for one dollar and providing financial incentives for Buyer’s achievement of milestones fulfills PACF’s mission to improve the quality of life in Pittsburg through support of literacy; and
WHEREAS, PACF seeks to terminate the lease as tenant of 485 Railroad Avenue, and Purchaser seeks to enter into a lease as tenant of 485 Railroad Avenue effective on termination of PACF’s lease.

IN CONSIDERATION of the provisions contained in this Agreement and for other good and valuable consideration, the receipt and sufficiency of which consideration is acknowledged, the Parties agree as follows:

1. Definitions
The following definitions apply in the Agreement:
a. "Assets” are all assets of the Seller. There are no excluded assets. The Assets consist of the items set forth in Exhibit B, and no other items. b. "Closing" means the completion of the purchase and sale of the Assets as set forth in this Agreement by the payment of agreed consideration, and 1

the transfer of title to the Assets.

2. Sale
Subject to the terms and conditions of this Agreement, and in reliance on the representations, warranties, and conditions set out in this Agreement, the Seller agrees to sell the Assets to the Purchaser, and the Purchaser agrees to purchase the Assets from the Seller.

3. Purchase Price
The Parties agree that the purchase price for the Assets is One Dollar ($1).

4. Conveyance
Transfer of title the Assets to Purchaser will be effective on the first day of Purchaser’s lease term at 485 Railroad Avenue (“Closing Date”). The Assets will be made available and accepted by Purchaser at 485 Railroad Avenue. The Purchaser accepts the Assets in their “As Is” Condition.

5. Financial Incentive to Purchaser
PACF shall provide financial incentives to Purchaser for milestones achieved by Purchaser as set forth in Exhibit B.

6. Seller's Representations and Warranties
a. The Seller represents and warrants to the Purchaser that:
i. the Seller has full legal authority to enter into and exercise its obligations under this Agreement;
ii. the Seller is the absolute beneficial owner of the Assets, with good and marketable title, free and clear of any liens, charges, encumbrances or rights of others. The Seller is exclusively entitled to possess and dispose of the Assets;
iii. there is no pending or anticipated claim against the Assets or against the Seller's ownership or title in the Assets or against the Seller's right to dispose of the Assets;
iv. the execution and delivery of this Agreement, and this transaction has been duly authorized by all necessary corporate action on the part of the Seller;
v. the Seller has not committed any act or omission that would give rise to any valid claim relating to a brokerage commission, finder's fee, or other similar payment; and
vi. this Agreement has been duly executed by the Seller and constitutes a legal and binding obligation of the Seller, enforceable in accordance with its terms, except as enforcement may be limited by bankruptcy and insolvency, by other laws affecting the rights of creditors generally, and by equitable remedies granted by a court of competent jurisdiction.

7. Purchaser's Representations and Warranties
a. The Purchaser represents and warrants to the Seller the following:
2

i. the Purchaser has full legal authority to enter into and exercise its obligations under this Agreement;
ii. The execution and delivery of this Agreement, and this transaction has been duly authorized by all necessary limited liability company action on the part of the Purchaser;
iii. the Purchaser has not committed any act or omission that would give rise to any valid claim relating to a brokerage commission, finder's fee, or other similar payment;
iv. the Purchaser is a resident of the United States for the purposes of the Internal Revenue Code; and
v. this Agreement has been duly executed by the Purchaser and constitutes a legal and binding obligation of the Purchaser, enforceable in accordance with its terms, except as enforcement may be limited by bankruptcy and insolvency, by other laws affecting the rights of creditors generally, and by equitable remedies granted by a court of competent jurisdiction.

8. Conditions Precedent to be Performed by the Purchaser a. The obligation of the Seller to complete the sale of the Assets under this Agreement is subject to the satisfaction of the following conditions precedent by the Purchaser, on or before the Closing Date, each of which is acknowledged to be for the exclusive benefit of the Seller and may be waived by the Seller entirely or in part:
all of the representations and warranties made by the Purchaser in this Agreement will be true and accurate in all material respects on the Closing Date;
Purchaser shall enter into a Lease with the Owner of 485 Railroad Avenue effective on or before February 1, 2026
b. The Purchaser shall obtain a Pittsburg Business License.

9. Conditions Precedent Not Satisfied
If Purchaser fails to satisfy any of its conditions precedent as set out in this Agreement and that condition precedent is not waived by [date], then this Agreement will be null and void and there will be no further liability as between the Parties.

3

10. Employees
Purchaser may but is not required to hire any employee of PACF whose employment included tasks for the Railroad Book Depot.

11. Non-Assumption of Liabilities
It is understood and agreed between the Parties that Seller will not be liable for any of the liabilities, debts or obligations of the Purchaser arising out of the ownership or operation of the Railroad Book Depot, or tenancy once the Assets have been conveyed.

12. Transfer of Third Party Contracts
a. This Agreement is not to be construed as an assignment of any third- party contract from the Seller to the Purchaser if the assignment would be a breach of that third party contract.
b. The Purchaser will be solely responsible for acquiring new contracts with third parties where the existing contracts are not legally assignable from the Seller to the Purchaser.
c. Notwithstanding any other provision in this Agreement to the contrary, the Seller will not be liable for any losses, costs or damages of any kind including loss of revenue or decrease in value of the Seller resulting from the failure of the Purchaser to acquire any third-party contracts.

13. Notices
Any notices or deliveries required in the performance of this Agreement will be deemed completed when hand-delivered, delivered by agent, or 7 days after being placed in the post, postage prepaid, to the Parties at the addresses contained in this Agreement or as the Parties may later designate in writing.

Seller: Pittsburg Arts and Community Foundation
65 Civic Avenue
Pittsburg, CA 94565
Attn. Executive Director

Purchaser: Revision Publishing
4505 Montara Drive
Antioch, CA 94531
Attn. Sharifa “Akilah Trinay” Parr

14. Expenses/Costs
The Parties agree pay all their own costs and expenses in connection with this Agreement.

15. Severability
a. The Parties acknowledge that this Agreement is reasonable, valid, and enforceable; however, if any part of this Agreement is held by a court of competent jurisdiction to be invalid, it is the intent of the Parties that such 4

provision be reduced in scope only to the extent deemed necessary to render the provision reasonable and enforceable and the remainder of the provisions of this Agreement will in no way be affected or invalidated as a result.
b. Where any provision in this Agreement is found to be unenforceable, the Purchaser and the Seller will then make reasonable efforts to replace the invalid or unenforceable provision with a valid and enforceable substitute provision, the effect of which is as close as possible to the intended effect of the original invalid or unenforceable provision.

16. Governing Law
a. This Agreement will be governed by and construed in accordance with the laws of the State of California.
b. The courts of the State of California will have jurisdiction to settle any dispute arising out of or in connection with this Agreement.

17. General Provisions
a. This Agreement contains all terms and conditions agreed to by the Parties. Statements or representations which may have been made by any Party to this Agreement in the negotiation stages of this Agreement may in some way be inconsistent with this final written Agreement. All such statements are declared to be of no value to either Party. Only the written terms of this Agreement will bind the Parties.
b. This Agreement may only be amended or modified by a written instrument executed by all of the Parties.
c. A waiver by one Party of any right or benefit provided in this Agreement does not infer or permit a further waiver of that right or benefit, nor does it infer or permit a waiver of any other right or benefit provided in this Agreement.
d. This Agreement will not be assigned either in whole or in part by any Party without the written consent of the other Party.
e. This Agreement will pass to the benefit of and be binding upon the Parties' respective heirs, executors, administrators, successors, and permitted assigns.
f. The clauses, paragraphs, and subparagraphs contained in this Agreement are intended to be read and construed independently of each other. If any part of this Agreement is held to be invalid, this invalidity will not affect the operation of any other part of this Agreement.

g. All of the rights, remedies and benefits provided in this Agreement will be cumulative and will not be exclusive of any other such rights, remedies and benefits allowed by law or equity.
h. Time is of the essence in this Agreement.
i. This Agreement may be executed in counterpart.
j. Headings are inserted for the convenience of the Parties only and are not to be considered when interpreting this Agreement. Words in the singular mean and include the plural and vice versa. Words in the masculine 5

6

EXHIBIT A

RAILROAD BOOK DEPOT ASSET LIST

FURNITURE QTY
Bookshelves (On-site) 35
Display (Cabinets & Grids) 1
Square Game Tables 3
Chairs 12
Reading Chairs 6
Stools 6
Children’s Chairs 4
Children’s Floor Chairs 12
Brown Desk 1
Register 1
Register Desk 1
Filing and Storage Cabinet 1

OFFICE EQUIPMENT QTY
Computers 2
Monitor 1
Printer 1
POS Station (Counter, Display, Glass Display) 1

INVENTORY QTY
Audio Books 59
New Books 2,263
Greeting Cards 136
Gifts and Non-Books 377
Used Books 15,131
7

EXHIBIT B

FINANCIAL INCENTIVE PAYMENT SCHEDULE
Payments shall be made by the Seller to the Purchaser in accordance with the schedule set forth below. Each payment shall be made within thirty (30) days (Net 30) following Seller’s receipt of (i) a valid invoice and (ii) satisfactory proof of completion of the corresponding deliverable or milestone, as outlined below.

Payment
No. Payment Amount Deliverable / Milestone
1 $50,000
Execution of the lease agreement for the
premises located at 485 Railroad Avenue
between the Purchaser and the Property
Owner.
2 $50,000
Official opening of the Bookstore storefront
to the public, signifying commencement of
business operations.
3 $50,000 Completion of six (6) consecutive months of
continuous and active storefront operation.
4 up to $50,000 based on
remaining available PACF
Reserve Fund Balance
Completion of twelve (12) consecutive
months of continuous and active storefront
operation.

The phrase “continuous and active storefront operation, set forth above, is defined as
regular and continuous business hours open to the public totaling not less than thirty (30) hours per week, conducted over a minimum of five (5) separate days within each calendar week, with the exception of federal or state holidays. 8

OFFICE OF THE CITY MANAGER/EXECUTIVE DIRECTOR
65 Civic Avenue
Pittsburg, CA 94565

TO: Mayor and Council Members

FROM: Darin Gale - City Manager

SUBJECT: Adoption of an Ordinance Amending Pittsburg Municipal Code 2.04.020 to Increase City Council Salary

MEETING DATE: December 15, 2025

EXECUTIVE SUMMARY

The ordinance, if adopted, would increase the City Council salary to an amount authorized by state law, effective after the November 2026 election.

FISCAL IMPACT

If adopted, the City Council salary will be increased from $500 to $1,600 per month.

This increase has no fiscal impact on the Fiscal Year 2025-26 budget but will commence in the following fiscal year for which the budget will take this increase into consideration.

RECOMMENDATION

Adopt the Ordinance amending Pittsburg Municipal Code 2.04.020 to increase the City Council salary.

BACKGROUND

State law establishes the maximum salary for general law city councils and when salary adjustments may become effective. Government Code Section 36516 authorizes a city council to receive a salary based on population.

The last time the City Council salary was increased was on August 21, 1995 by

Ordinance 95-110. At that time, it was determined that the population was between 50,000 and 75,000, and established a salary of $500 per month, commencing December 1, 1995.

On June 29, 2023, SB 329 was signed by the Governor and amended Government Code Section 36516. The legislative history indicates the reason for the amendment was because the salary for general law city councils has not been increased since 1984 and that it was believed that allowing cities to adjust compensation for inflation may help city councils become more diverse. Subsection (a) of Government Code Section 36516 was amended to read as follows:

(1) A city council may enact an ordinance providing that each member of the city council shall receive a salary based on the population of the city as set forth in paragraph (2).
(2) (A) In cities up to and including 35,000 in population, up to and including nine hundred fifty dollars ($950) per month.
(B) In cities over 35,000 up to and including 50,000 in population, up to and including one thousand two hundred seventy-five dollars ($1,275) per month. (C) In cities over 50,000 up to and including 75,000 in population, up to and including one thousand six hundred dollars ($1,600) per month.
(D) In cities over 75,000 up to and including 150,000 in population, up to and including one thousand nine hundred dollars ($1,900) per month.
(E) In cities over 150,000 up to and including 250,000 in population, up to and including two thousand five hundred fifty dollars ($2,550) per month. (F) In cities over 250,000 population, up to and including three thousand two hundred dollars ($3,200) per month.
(3) For the purposes of this subdivision, the population of a city shall be determined by the last preceding federal census, or a subsequent census, or estimate validated by the Department of Finance.
(4) The salary of council members may be increased beyond the amount provided in this subdivision by an ordinance or by an amendment to an ordinance, but the amount of the increase shall not exceed the greater of either of the following:
(A) An amount equal to 5 percent for each calendar year from the operative date of the last adjustment of the salary in effect when the ordinance or amendment is enacted. (B) An amount equal to inflation since January 1, 2024, based upon the California Consumer Price Index, which shall not exceed 10 percent for each calendar year. (5) No ordinance shall be enacted or amended to provide automatic future increases in salary.

According to current State law, any amounts paid by a city for retirement, health and welfare, and federal social security benefits shall not be included for purposes of determining salary under this section, provided that the same benefits are available and paid by the city for its employees. Finally, State law also states that a change in compensation does not apply to a council member during the council member’s term of office. However, adjustment of the compensation of all members of a council serving staggered terms may be adjusted whenever one or more members of the city council

becomes eligible for a salary increase by virtue of the council member beginning a new term of office.

SUBCOMMITTEE FINDINGS

This item was discussed in the Finance Management Subcommittee meeting on September 19, 2025.

STAFF ANALYSIS

The City’s compensation to its City Council has not been increased for three decades.

This table compares the 16 general law cities in Contra Costa County. Pittsburg has the third highest population, but its City Council compensation is the third lowest.

During the September subcommittee meeting, it was recommended that the City Council consider increasing the compensation for City Council members from $500 to $1,600 per month. The recommended amount recognizes that while Pittsburg, by law, may compensate up to $1,900, its population is at the lower end of the range of 75,000 to 150,000.

Any salary increase will be effective December 6, 2026, which is after the November 2026 election, the beginning of a pay period, and the elected City Council Members’ terms would commence December 7, 2026.

ATTACHMENTS: Ordinance

Report Prepared By: Melaine Venenciano, Director of City Clerk Services

Ordinance No. 25- Page 1 of 3 December 15, 2025

BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG

In the Matter of:

Amending Pittsburg Municipal Code Chapter) ORDINANCE NO. 25-

2.04.020 to Increase City Council Salary )

WHEREAS, State law regulates the maximum compensation for City Council Members of general law cities and when those salary adjustments become effective; and

WHEREAS, Government Code Section 36516 authorizes a city council to receive specified salary based on population as shown by the U.S. Census or California Department of Finance; and

WHEREAS, the last time the City Council salary was increased was on August 21, 1995 by Ordinance 95-110, when the population was between 50,000 and 75,000, which established a salary of $500 per month, commencing December 1, 1995; and

WHEREAS, on June 29, 2023, SB 329 was signed by the Governor and amended Government Code Section 36516. The reason for the amendment was because the compensation schedule for general law cities has not been adjusted since 1984 and allowing cities to adjust compensation for inflation may help city councils become more diverse; and

WHEREAS, Subsection (a) of Government Code Section 36516 was amended to read as follows:

(1) A city council may enact an ordinance providing that each member of the city council shall receive a salary based on the population of the city as set forth in paragraph (2). (2) (A) In cities up to and including 35,000 in population, up to and including nine hundred fifty dollars ($950) per month.
(B) In cities over 35,000 up to and including 50,000 in population, up to and including one thousand two hundred seventy-five dollars ($1,275) per month. (C) In cities over 50,000 up to and including 75,000 in population, up to and including one thousand six hundred dollars ($1,600) per month.
(D) In cities over 75,000 up to and including 150,000 in population, up to and including one thousand nine hundred dollars ($1,900) per month.
(E) In cities over 150,000 up to and including 250,000 in population, up to and including two thousand five hundred fifty dollars ($2,550) per month. (F) In cities over 250,000 population, up to and including three thousand two hundred dollars ($3,200) per month.
(3) For the purposes of this subdivision, the population of a city shall be determined by the last preceding federal census, or a subsequent census, or estimate validated by the Department of Finance.
(4) The salary of council members may be increased beyond the amount provided in this subdivision by an ordinance or by an amendment to an ordinance, but the amount of the increase shall not exceed the greater of either of the following:
(A) An amount equal to 5 percent for each calendar year from the operative date of the last

Ordinance No. 25- Page 2 of 3 December 15, 2025

adjustment of the salary in effect when the ordinance or amendment is enacted. (B) An amount equal to inflation since January 1, 2024, based upon the California Consumer Price Index, which shall not exceed 10 percent for each calendar year. (5) No ordinance shall be enacted or amended to provide automatic future increases in salary.

WHEREAS, pursuant to State law, a change in compensation does not apply to a council member during the council member’s term of office. However, the law provides that the prohibition shall not prevent the adjustment of the compensation of all members of a council serving staggered terms whenever one or more members of the city council becomes eligible for a salary increase by virtue of the council member beginning a new term of office; and

WHEREAS, staff recommends the salary increase become effective December 6, 2026, which is after the November 3, 2026 election, complying with State law.

WHEREAS, the City finds that adjusting councilmember salaries would account for inflation and support diversity in city councils because increased compensation can help individuals from across different income levels receive sufficient income for their service.

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. Recitals. The above recitals are true and correct and incorporated herein by reference.

SECTION 2. Amendment. Chapter 2.04.020 Salaries – Designated is hereby amended to read as follows.

A. This section is enacted under Government Code Section 36516, which authorizes a city council to provide by ordinance that each member of the council may receive a salary based upon the population of the city.

B. The latest estimate of population of the city of Pittsburg exceeds 50,000. The California Department of Finance determined the population of Pittsburg is 76,374 as of 2025.

C. Under the authority of Government Code Sections 36516 and 36516.6 each member of the city council may shall receive a salary of $500.00 $1,600 per month. The salary is payable beginning December 6, 2026.

SECTION 3. 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.

Ordinance No. 25- Page 3 of 3 December 15, 2025

SECTION 4. 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 November 17, 2025, and was adopted and ordered published at a meeting of the City Council held on December 15, 2025 by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:

Dionne Adams, Mayor
ATTEST BY:

Alice E. Evenson, City Clerk

OFFICE OF THE CITY MANAGER/EXECUTIVE DIRECTOR
65 Civic Avenue
Pittsburg, CA 94565

TO: Mayor and Council Members

FROM: Darin Gale - City Manager

SUBJECT: Adoption of an Ordinance to Adopt by Reference the 2025 California Building Code, Residential Code, Electrical Code, Fire Code, Wildland-Urban Interface Code, Mechanical
Code, Plumbing Code, Historical Building Code, Green
Building Standards Code, Existing Building Code, and
Energy Code with Local Amendments

MEETING DATE: December 15, 2025

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, wildland-urban interface, energy, residential, historical, green standards, and existing building.

FISCAL IMPACT

There is no fiscal impact to repealing and adopting Pittsburg Municipal Code Title 15, “Buildings and Construction.”

RECOMMENDATION

City Council adopt the attached ordinance repealing Chapters 15.08, 15.16, 15.18,

15.20, 15.21, 15.22, 15.26, 15.28, 15.32, 15.60, and 15.64 of the Pittsburg Municipal Code, and adopting the 2025 California Building Code, Residential Code, Electrical Code, Fire Code, Wildland-Urban Interface Code, Mechanical Code, Plumbing Code,

Historical Building Code, Green Building Standards Code, Existing Building Code, and Energy Code with Local Amendments.

BACKGROUND

The 2025 California Codes will take effect statewide on January 1, 2026. Building regulations or standards have the same force of law and are confirmed 180 days after their publication unless otherwise stipulated. These Codes apply to all occupancies in the State of California as annotated. Each city in California is required to adopt the California Building Standards Code and is authorized to do so by reference.

This is the second reading of an ordinance to repeal existing sections, and adopt sections of the Pittsburg Municipal Code as follows:

The 2025 California Building Code, California Code of Regulations, Title 24, Part 2, Volumes 1 and 2, California Building Standards Commission, based upon the 2024 International Building Code as published by the International Code Council;

1. The 2025 California Electrical Code, California Code of Regulations, Title 24, Part 3, California Building Standards Commission, based upon the 2023 National Electrical Code as published by the National Fire Protection Association;

2. The 2025 California Mechanical Code, California Code of Regulations, Title 24, Part 4, California Building Standards Commission, based upon the 2024 Uniform Mechanical Code as published by the International Association of Plumbing and Mechanical Officials;

3. The 2025 California Plumbing Code, California Code of Regulations, Title 24, Part 5, California Building Standards Commission, based upon the 2024 Uniform Plumbing Code as published by the International Association of Plumbing and Mechanical Officials;

4. The 2025 California Historical Building Code, California Code of Regulations, Title 24, Part 8 as published by the California Building Standards Commission;

5. The 2025 Green Building Standards Code, California Code of Regulations, Title 24, Part 11, California Building Standards Commission as published by the International Code Council;

6. The 2025 California Existing Building Code, California Code of Regulations, Title 24, Part 10, California Building Standards Commission based upon the 2024 International Existing Building Code;

7. The 2025 Residential Code, California Code of Regulations, Title 24, Part 2.5, California Building Standards Commission, based upon the 2024 International Residential Building Code as published by the International Code Council;

8. The 2025 California Fire Code, California Code of Regulations, and Appendix Chapter 1, Administration, Title 24, Part 9 based on the 2024 International Fire Code published by the International Code Council;

9. The 2025 California Wildland-Urban Interface Code, California Code of Regulations, Title 24, Part 7 and Appendices (based on the 2024 International Wildland-Urban Interface Code published by the International Code Council); and

10. The 2025 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 essentially similar to amendments adopted in the past and currently in effect.

On November 17, 2025, the City Council introduced the ordinance at a regular meeting, waived further reading, and passed to second reading without modification.

SUBCOMMITTEE FINDINGS

This item was not presented to a subcommittee.

STAFF ANALYSIS

Adoption of this ordinance establishes standards and allows the City to enforce the building codes as adopted by the State Building Standards Commission. These are the standards governing property development, building construction, and maintenance.

ATTACHMENTS: Ordinance

Report Prepared By: Shelby Rose, Chief Building Official

Ordinance No. 25- Page 1 of 58 December 15, 2025

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

Ordinance Repealing Pittsburg Municipal Code )
Chapters 15.08, 15.16, 15.18, 15.20, 15.21, 15.22, )

15.26, 15.28, 15.32, 15.60,15.64 and Adopting the )
2025 California Building, Residential, Electrical, Fire ) ORDINANCE NO. 25- Wildland-Urban Interface, Mechanical, Plumbing, )
Historical Building, Green Building Standards, Existing ) Building, and Energy Codes By Reference With Local )
Amendments ) 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 2025 California Codes will take effect statewide on January 1, 2026; and

WHEREAS, building regulations or standards have the same force of law and are confirmed 180 days after their publication unless otherwise stipulated; and

WHEREAS, these codes apply 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 50022.1 et seq.; and

Ordinance No. 25- Page 2 of 58 December 15, 2025

WHEREAS, on October 7, 2025, the Contra Costa County Board of Supervisors in its capacity as the Board of Directors of the Crockett-Carquinez Fire Protection District and the Contra Costa County Fire Protection District introduced Ordinance No. 2025-14 and Ordinance No. 2025-14 and made express findings in support of technical amendments to the 2025 California Fire Code and 2025 California Wildland-Urban Interface Code based upon climatic, topographical, and geological conditions ("Findings"), as a first step in adopting the 2025 California Fire Code and 2025 California Wildland-Urban Interface Code with technical amendments, and is anticipated to adopt the 2025 California Fire Code 2025 California Wildland-Urban Interface Code with technical amendments by adopting Ordinance No. 2025- 14 and Ordinance No. 2025-15 and Findings on December 9th, 2025.

NOW, THEREFORE, the City Council of the City of Pittsburg DOES ORDAIN as follows:
(Language different from the 2022 adopted code shown in bold italic, eliminated language shown in strikethrough.)

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.

Ordinance No. 25- Page 3 of 58 December 15, 2025

4.2 The 20222025 California Building Codes, the 20222025 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 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, 20222025 edition.

4.4 That one (1) copy of the 20222025California Building Codes based on the 20212024 International Building Codes and one (1) copy of the 20222025California Fire Code based on the 20212024 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 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 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 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 Building Codes and California Fire Code are reasonably necessary because of local climatic, geological, and topographical conditions. The following are hereby

Ordinance No. 25- Page 4 of 58 December 15, 2025

adopted as non-inclusive specific findings in respect to such local conditions and refer to amendments made to the California Building Codes, California Code of Regulations, Title 24, and International Fire Code as more particularly set forth below.

4.7.3 Pursuant to Section 17958.7(c), the changes or modifications are substantially equivalent to changes or modifications that were previously filed by City of Pittsburg and were in effect as of September 30, 2025. Furthermore, the building standards relate to home hardening and are proposed for adoption by a local fire prevention district pursuant to Section 13869.7.

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.

Ordinance No. 25- Page 5 of 58 December 15, 2025

Impact:

High temperatures cause rapid fatigue and heat exhaustion of firefighters, thereby reducing their effectiveness and ability to control large building and wildland fires.

Another impact from high temperatures is that combustible building material and non-irrigated weeds, grass, and brush are preheated, thus causing these materials to ignite more readily and burn more rapidly and intensely. Additionally, the resultant higher temperature of the atmosphere surrounding the materials reduces the effectiveness of the water being applied to the burning materials.

This requires that more water be applied, which in turn requires more Fire 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.

Ordinance No. 25- Page 6 of 58 December 15, 2025

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 cite wind conditions, such as those experienced locally, as a major factor where conflagrations have occurred.

4.7.2.2 Topographic 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,

Ordinance No. 25- Page 7 of 58 December 15, 2025

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 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.

Pittsburg, CA has a very high earthquake risk. 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 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

Ordinance No. 25- Page 8 of 58 December 15, 2025

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.

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, Pinole, Hercules 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, Brentwood, and Oakley and the unincorporated communities community of Bay Point, Bethel Island, Discovery Bay, Knightsen, Byron, and Marsh Creek and Morgan Territory.

Because of the size of the Contra Costa County Fire Protection District (304 733 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

Ordinance No. 25- Page 9 of 58 December 15, 2025

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 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

Impact (Fire Specific):

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

Other variables may intensify the situation:

1. The extent of damage to the water system.

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

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

Ordinance No. 25- Page 10 of 58 December 15, 2025

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

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

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

7. The large portion of dwellings with wood shake or shingles covering could result in conflagrations.

SECTION 5. CALIFORNIA BUILDING CODE

Chapter 15.08 of Title 15 of the City of Pittsburg Municipal Code is hereby repealed and adopted 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 20222025 California Building Code (CBC), California Code of Regulations, Title 24, Part 3, and Appendices (based on the 20212024 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.

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 20222025 California Building Code. Chapter and section numbers used herein are those of Chapter 1 of the 20222025 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:

Ordinance No. 25- Page 11 of 58 December 15, 2025

(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.”

SECTION 6. CALIFORNIA ELECTRICAL CODE

Chapter 15.16 of Title 15 of the City of Pittsburg Municipal Code is hereby repealed and adopted 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 20222025 California Electrical

Ordinance No. 25- Page 12 of 58 December 15, 2025

Code (CEC), California Code of Regulations, Title 24, Part 3, and Appendices (based on the 20212023 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 20212023 National Electrical Code.

Set forth below are the local amendments, additions, and deletions to the 20222025 California Electrical Code. Chapter and section numbers used herein are those of the 20212025 California Electrical Code.

Section 89.108.8, Appeals Board, is replaced by Section 113, Board of Appeals, of Appendix Chapter 1 of the 20222025 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.

Ordinance No. 25- Page 13 of 58 December 15, 2025

“SINGLE FAMILY DWELLING” shall refer to a residential building containing one or two dwelling units.

15.16.050 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.

15.16.060 Small residential rooftop solar energy system review process.

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:

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

Ordinance No. 25- Page 14 of 58 December 15, 2025

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 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.

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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 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.”

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SECTION 7. HISTORICAL BUILDING CODE

Chapter 15.18 of Title 15 of the City of Pittsburg Municipal Code is hereby repealed and adopted 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 20222025 California Historical Building Code (CHBC), California Code of Regulations, Title 24, Part 8 (as published by the California Building Standards Commission).

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 adopted 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 20222025 California Fire Code (California Code of Regulations, and Appendix Chapter 1, Administration, Title 24, Part 9 (based on the 20212024 International Fire Code published by the International Code Council).

Ordinance No. 25- Page 17 of 58 December 15, 2025

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.

15.20.040 Amendments.

Chapter and section numbers used below are those of the 20222025 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 105.5.6360.

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).

Ordinance No. 25- Page 18 of 58 December 15, 2025

Section 105.5.40 is amended to read:

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

1. Cultivation

2. Plant Extraction Systems

3. Testing/Lab

4. Manufacturing

5. Distribution

6. Carbon Dioxide Systems or volatile solvent

Section 105.5 is amended 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.

Section 105.5.60 is added to read:

105.5.60 Five year sprinkler test. An operational permit is required to engage in the business of conducting the five-year test of an automatic fire

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sprinkler systems or standpipe, in accordance with NFPA 25 (Standard for the Inspection, Testing, and Maintenance of Water-Based Fire Protection Systems), 2013 California Edition.

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 105.6.2925.

Section 105.6.25 is amended by adding Sections105.6.2526 through 105.6.2930 to read:

105.6.2526 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.

105.6.2627 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.

105.6.2728 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.

105.6.2829 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.

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105.6.2930 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.

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.

Ordinance No. 25- Page 21 of 58 December 15, 2025

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.

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.

Ordinance No. 25- Page 22 of 58 December 15, 2025

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

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

The use of fire- resistant plants and the removal of fire hazardous vegetation will enhance fire safety.

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

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

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

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

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

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.

Ordinance No. 25- Page 23 of 58 December 15, 2025

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

Temporary Fire Department Access Road for Construction 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:

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:

Ordinance No. 25- Page 24 of 58 December 15, 2025

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 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.

Ordinance No. 25- Page 25 of 58 December 15, 2025

325.3.1 Permits. An operational Fire code permit is required as in Section 105.6.53. 325.3.2 Fire Apparatus Access Roads. Fire apparatus access roads shall be constructed throughout the site in accordance with this code and shall be maintained clear of all vehicles and stored items.

325.3.3 Welding and Cutting. Welding and cutting operations shall be conducted in an approved location, clear of all flammable liquids and combustible materials, including weeds, tires, and all other debris.

325.3.4 Housekeeping. Combustible rubbish accumulated on site shall be collected and stored in approved containers, rooms, or vaults of noncombustible materials.

Combustible vegetation, cut or uncut, shall be removed when determined by the fire code official to be a fire hazard.

325.3.5 Fire Protection. Offices, storage buildings, and vehicles used for site operations shall each be provided with at least one portable fire extinguisher with not less than a 4- A: 40-B-C rating. When required by the fire code official, additional fire extinguishers shall be provided.

325.3.6 Tire Storage. Tires shall be stored in racks or in a manner as approved by the fire code official.

325.3.6.1 Distance from Water Supply. Tire storage shall be located on-site and no further than 500 feet from a fire hydrant or an approved water supply as determined by the fire code official.

325.3.7 Storage Piles. Storage piles shall be located a minimum of 20 feet from property lines and shall have an unobstructed access road on all sides of not less than 20 feet.

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.

Ordinance No. 25- Page 26 of 58 December 15, 2025

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 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 503.1.1 is amended to read:

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

Exceptions:

1. The fire code official is authorized to increase the dimension to 250 feet where the building is equipped throughout with an approved automatic sprinkler system installed in accordance with section 903.3.1.1, 903.

3.1.2 or 903.3.1.3.