Pleasant Hill City Council
November 7, 2022

CITY OF PLEASANT HILL

CITY COUNCIL MEETING AGENDA
NOVEMBER 7, 2022
REGULAR MEETING – 7:00 PM
Per City Council resolution under AB 361, members of the City Council, City staff/consultants, and the public will be able to participate either in-person* at
City Hall, 100 Gregory Lane, Pleasant Hill, CA 94523
or remotely via Zoom.
*Due to social distancing requirements, limited seating is available in person; if capacity is reached, you may participate remotely via Zoom.*
Watch on YouTube at: www.pleasanthillca.org/councilmeeting To provide comments via teleconference, click on the meeting link and enter the meeting ID and Passcode:

Meeting link: www.zoom.us
Meeting ID: 827 7425 0639
Passcode: 094620
The meeting ID and Passcode will change each meeting. See more information on Public Participation Options below.

City Council Meeting Agenda Page 1 November 7, 2022
City Offices, 100 Gregory Lane, Pleasant Hill, CA 94523 Telephone (925) 671-5267 MAYOR MICHAEL G. HARRIS COUNCILMEMBER KEN CARLSON

VICE MAYOR TIMOTHY FLAHERTY COUNCILMEMBER SUE NOACK

COUNCILMEMBER MATTHEW RINN
Options for observing the meeting and participating in public comment are provided below.

Public Communication. The public is welcome to address the City Council on items on the Consent Calendar or other items not listed on the agenda but within the Council’s jurisdiction during the general Public Comment period. There is an opportunity for the public to comment on other agenda items at the time they are discussed.

Comments are generally limited to three minutes.

Public Participation Options
1)_ Watch the Meeting via Youtube Livestream at www.pleasanthillca.org/councilmeeting. 2) Submit Written Comments by 4 pm the Day of the Meeting to [email protected] (comments received by deadline will be provided to the City Council before the meeting). Please specify that the correspondence is for public comment at the Council meeting. 3) Make Public Comment During the Meeting
When the Mayor invites public comment (or public comments on specific agenda items), you may participate in one of the following three ways:

City Council Meeting Agenda Page 2 November 7, 2022
a. Via Zoom
Go to www.Zoom.us using your computer/smart device and enter the Meeting ID and Passcode provided near the top of this page. You are encouraged to turn on your camera/video with a blurred background during your public comment so the City Council and public can see you on screen. We ask that you state your name and city of residence for the record when you start your comments.

Please use the "Raise hand" feature in Zoom. You will be observing the meeting as an Attendee and will not be seen or heard until it is your turn to speak. You will be invited into the meeting as a Panelist and asked to speak when it is your turn.
 Try to be in a room or space without a lot of background noise.  Mute your microphone until it is your turn to speak.
 Have a strong, reliable internet connection
a. Via Phone
Call (669) 900-6833 and enter the Meeting ID and Passcode. If connecting via telephone, press *9 to “raise your hand” to alert staff that you wish to speak. (Note that there may be multiple hearing items on the same agenda.)
 Have a strong, reliable internet connection or cell phone signal. a. In Person
Members of the public may attend the meeting in person subject to the limited space available. You may speak on any matter within the City Council's jurisdiction. Please fill out a speaker's card, available at the entry to the Council Chambers, and turn it in to the City Clerk.

If, due to a disability, a reasonable accommodation is needed to participate in this meeting, please contact the ADA Coordinator 24 hours in advance of the meeting at (925) 671-5221 or via California Relay at 711.

Materials related to an item on this agenda submitted to the Council after distribution of the agenda packet are available to the public in the City’s Public Records Portal at https://cityarchive.pleasanthillca.org/WebLink/ (click on City Council Agenda Packets) or by contacting the City Clerk at [email protected] or 925-671-5221.

City Council Meeting Recordings and Broadcasts.

Recorded City Council meetings are broadcast on Comcast Channel 28, Wave Channel 1029, and AT&T UVerse Channel 99 on the Wednesday following the meeting. Video recordings are generally available within 48 hours of the meeting, and may be viewed on the City’s website at www.pleasanthillca.org/MeetingVideos and selecting “City Council” from the meeting groups.

Agendas are Available for Review on the City Hall official noticing bulletin board (100 Gregory Lane), at the Pleasant Hill Police Department (330 Civic Drive), the Pleasant Hill Senior Center (233 Gregory Lane), and on the City’s website at www.pleasanthillca.org/agendas. Agenda packets will be available to the public on the City’s website at the same time as they are made available to the City Council.

City Council Meeting Agenda Page 3 November 7, 2022

1. PLEDGE OF ALLEGIANCE

2. CLOSED SESSION REPORTS

3. ROLL CALL

4. PRESENTATIONS

4.1 Acknowledgement of Walter Kawahara as Honorary Mayor for a Day

4.2 Introduction of Richard Means, Alternate Library Commissioner

4.3 Proclamation Designating the Month of November as Native American Heritage Month

4.4 Proclamation Designating November 13 - 19, 2022 as "United Against Hate Week"

4.5 Presentation of the 2022 Innovation in Code Administration Award to Geoff Simmons, Chief Building Official, from the International Code Council

5. CITY MANAGER COMMENTS:
(Brief updates on pending City business without discussion by the City Council.)

6. COUNCIL ANNOUNCEMENTS AND REPORTS

6.1 Reports from Councilmembers on Meetings or Conferences Attended at City Expense (A) Contra Costa Mayors Conference Hosted via Teleconference on November 3, 2022 (B) Other Meetings Attended at City Expense

6.2 Announcements from Councilmembers

7. PUBLIC COMMENT:

The public is welcome at this time to address the City Council on items on the Consent Calendar or other items not listed on the agenda but within the Council’s jurisdiction. There is an opportunity for the public to comment on other agenda items at the time they are discussed.

Comments are limited to three minutes per speaker. To provide public comments, please see the Public Participation Options above.

8. CONSENT CALENDAR: All matters listed under “Consent Calendar” are considered by the Council to be routine and will be enacted by one motion. There will be no separate Council discussion of these items unless requested by a Councilmember prior to the time Council votes on the motion to adopt.

8.1 Approve Minutes for the Regular City Council Meetings of October 3, 2022 and October 17, 2022

8.2 Approve Checks Dated: October 14, 2022; October 21, 2022; October 28, 2022

8.3 Accept Update on Contra Costa Transportation Authority and Transpac

8.4 Reaffirm Resolution No. 33-22 Approving Continued Teleconferenced, Hybrid or In-Person Meetings of All City Legislative Bodies Pursuant to the Provisions of AB 361 City Council Meeting Agenda Page 4 November 7, 2022

8.5 Adopt Resolution No. ___- 22 Authorizing the Appropriation of $75,000 from Fund 20 Capital Project/Building Fund for the Construction of the Community Rooms Improvement Project

8.6 Adopt Resolution No. ___-22 Authorizing the City Manager to Execute a First Amendment to a Design Professional Services Agreement with Alta Planning + Design, Inc. for the Bicycle and Pedestrian Master Plan Project No. 03-20
The City of Pleasant Hill hereby finds and determines that it can be seen with certainty that there is no possibility that this agreement may have a significant adverse effect on the environment.

Thus, approval of this agreement is exempt from the requirements of the California Environmental Quality Act (“CEQA”) pursuant to Section 15061(b)(3) of the CEQA Guidelines.

9. ACTION CALENDAR

9.1 Public Hearing and Adopt Resolution No. ___-22 to Deny an Appeal and Uphold the Decision of the Planning Commission to Deny a Reasonable Accommodation Request (PLN 21-0497) for an Accessory Structure within Setback Area and a Fence/Gate Exceeding Allowable Heights at 406 Kahrs Avenue
Classes 4, and 5 Exemption - Existing Facilities, Minor Alterations to Land, and Minor Alteration in Land Use Limitations.

9.2 Introduce Ordinance No. ___ Amending in Its Entirety Chapter 14.05 (California Building Code), Sections 14.05.010 through 14.05.040 of the Municipal Code by Adopting by Reference the 2022 Edition of the California Building Standards Code, California Code Of Regulations, Title 24, Parts 1, 2, 2.5, 3, 4, 5, 6, 9, 10, 11, And 12, which Consists of the California Administrative, Building, Residential, Electrical, Mechanical, Plumbing; Energy, Fire, Green Building Standards, and Referenced Standards Codes; and Adopting by Reference the 2021 International Property Maintenance and the 2021 Fire Resistance Design Manual; and Introduce Ordinance No. ___ Amending Chapter 14.05 (California Building Code), Section

14.05.080 of the Municipal Code by Adopting by Reference the 2022 Edition of the California Fire Code, California Code of Regulations, Title 24, Part 9 With Local Amendments, and Set the Public Hearing for Both Codes on November 21, 2022
The City of Pleasant Hill hereby finds and determines that it can be seen with certainty that there is no possibility that these ordinances may have a significant adverse effect on the environment.

Thus, the adoption of these ordinances are exempt from the requirements of the California Environmental Quality Act (“CEQA”) pursuant to Section 15061(b)(3) of the CEQA Guidelines.

9.3 Adopt Resolution No. ___ - 22 Accepting Bid, Awarding a Construction Contract and Authorizing the City Manager to Execute a Construction Contract with Norgo Engineering for the Diablo View Road and Pleasant Hill Road Storm Drain Improvements, Project No. 22-05 Categorically Exempt - Class 1. Existing Facilities, and Categorically Exempt - Class 2.

Replacement or reconstruction.

City Council Meeting Agenda Page 5 November 7, 2022

10. OTHER

10.1 Update on Economic Development Committee

11. ADJOURNMENT
Next City Council Meeting: November 21, 2022

CITY COUNCIL STAFF REPORT
Meeting Date: November 07, 2022
TO: THE HONORABLE MAYOR AND CITY COUNCILMEMBERS
SUBJECT: APPROVE MINUTES FOR THE REGULAR CITY COUNCIL
MEETINGS OF OCTOBER 3, 2022 AND OCTOBER 17, 2022

RECOMMENDED CITY COUNCIL ACTION
Approve the minutes.

ATTACHMENT(S):

October 3, 2022 – Tentative Minutes
October 17, 2022 – Tentative Minutes
Prepared by: Carol Wu, City Clerk Recorder

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MINUTES OF THE
REGULAR MEETING – CITY COUNCIL
October 3, 2022
City Council Meeting Minutes Page 1 October 3, 2022
Mayor Harris called a Regular Meeting of the City Council to order at 7:00 PM, complete proceedings of which were electronically recorded. The meeting was a hybrid of both in person and teleconferenced attendees. The meeting agenda was posted on the City Hall outdoor bulletin board at 100 Gregory Lane, Pleasant Hill, CA on September 29, 2022, by Deputy City Clerk Juanita Davalos.

1. CALL TO ORDER
The Pledge of Allegiance was led by “Mayor for the Day” Benjamin Harris.

2. ROLL CALL
Attendee Name Title Status
Michael G. Harris Mayor Present
Timothy M. Flaherty Vice Mayor Present
Ken Carlson Councilmember Present
Sue Noack Councilmember Present
Matthew Rinn Councilmember Present

3. CLOSED SESSION REPORT (IF ANY)
Janet Coleson, City Attorney, reported that there was no closed session report. Ms. Coleson said that this is a new item that will appear on agendas and will serve as a reminder to report on closed sessions when appropriate.
[Item 9.2 taken out of order]

9.2 Public Hearing and Adopt Resolution No. ___-22 to Deny an Appeal and Uphold the Decision of the Planning Commission to Deny a Reasonable Accommodation Request (PLN 21-0497) for an Accessory Structure within Setback Area and a Fence/Gate Exceeding Allowable Heights at 406 Kahrs Avenue Janet Coleson, City Attorney, requested to hear item 9.2 as the next agenda item.

Councilmembers did not object to hearing the item out of order. Councilmember Noack requested to reduce the number of continuances on this item.

Ms. Coleson explained that the Appellant’s attorney sent a letter requesting a final continuance to November 7, 2022.

Motion (Carlson/Noack) to Continue item 9.2 to November 7, 2022 with no further continuances, carried as follows:

AYES: Carlson, Flaherty, Noack, Rinn, Harris

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Attachment: October 3, 2022 Tentative Minutes (Minutes) City Council Meeting Minutes Page 2 October 3, 2022

4. PRESENTATIONS

4.1 Acknowledgement of Benjamin Harris as Honorary Mayor for a Day Mayor Harris introduced Benjamin Harris as the Honorary Mayor for a Day. Honorary Mayor Benjamin Harris assisted Mayor Michael Harris at the City Council meeting.

4.2 Proclamation Designating October 22 – 26, 2022 as “Diwali, the Festival of Lights”
Mayor Harris presented a proclamation to Lloyd Schine, Civic Action Commission Diversity Subcommittee Chair, declaring October 22 – 26, 2022 as Diwali, the Festival of Lights.

4.3 Introduction of Lindsey Dohlman, Education Commissioner; Brendan Cheney, Planning Commissioner; and Steve Weiss, Traffic Safety Commissioner Vice Mayor Flaherty introduced Brendan Cheney, the new Planning Commissioner, Steve Weiss, the new Traffic Safety Commissioner, and Lindsey Dohlman, the new Education Commissioner (who was not present).

5. CITY MANAGER COMMENTS:

June Catalano, City Manager, reported that:
 The General Election will be held on November 8, 2022, and the deadline to register to vote is October 24, 2022; and
 The Commission on Aging, in partnership with the Pleasant Hill Recreation & Park District will offer an in person workshop on Aging in Place on October 12, 2022 from 1:00 p.m. to 2:30 p.m.

6. COUNCIL ANNOUNCEMENTS AND REPORTS

6.1 Reports from Councilmembers on Meetings or Conferences Attended at City Expense
Mayor Harris reported his attendance at the 1st Annual Community Luncheon sponsored by Stay Pleasant Hill.

6.2 Announcements from Councilmembers
Mayor Harris reported his participation at the 18th Annual Community Service Day held on September 24, 2022. He reported his attendance at the Tinkers & Thinkers Innovation Faire, and at the Sustainable Contra Costa Annual Awards Gala & Fundraiser.

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Attachment: October 3, 2022 Tentative Minutes (Minutes) City Council Meeting Minutes Page 3 October 3, 2022
Vice Mayor Flaherty reported his participation at the 18th Annual Community Service Day, and at the Sustainable Contra Costa Annual Awards Gala and Fundraiser.

Councilmember Noack reported that she attended the same events as Mayor Harris.

Councilmember Rinn invited the public to attend the Rodgers Ranch Harvest Festival to be held on October 8, 2022.

Councilmember Carlson reported his participation at the 18th Annual Community Service Day.

He reported his attendance at the Sustainable Contra Costa Awards Gala & Fundraiser, the Rainbow Community Center grand opening, and at the viewing of the new Loaves and Fishes mobile food truck that was funded in part by the John Muir Community Health Foundation.

7. PUBLIC COMMENT
Mayor Harris opened public comment.

Henry Symons, Temporary Contra Costa County Bart Representative, announced closures between the Pleasant Hill and Concord stations for three upcoming weekends to conduct track work.

Mayor Harris closed public comment.

8. CONSENT CALENDAR
Motion (Noack/Carlson) to Approve all consent items, except for item 8.5 which was pulled for further discussion, carried as follows:

AYES: Carlson, Flaherty (Abstain from item 8.1), Noack, Rinn, Harris

8.1 Approve Minutes for the Regular City Council Meeting of September 12, 2022

8.2 Approve Checks Dated: September 9, 2022; September 16, 2022; September 23, 2022

8.3 Reaffirm Resolution No. 33-22 Approving Continued Teleconferenced, Hybrid or In-Person Meetings of All City Legislative Bodies Pursuant to the Provisions of AB 361

8.4 Approve Appointment Recommendations to the Civic Action Commission and Contra Costa County Library Commission

8.6 Adopt a Resolution No. 85-22, Amending a Previously Approved Affordable Housing Disposition and Development Agreement (DDA) Modifying Times and Dates for Performance Related to 85 Woodsworth Lane (APN 150-150-071)

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Attachment: October 3, 2022 Tentative Minutes (Minutes) City Council Meeting Minutes Page 4 October 3, 2022

8.7 Adopt Resolution No. 86-22 Authorizing the Transfer and Budget of Measure K Funds for the 2022 Street Resurfacing Project No. PSC-01-22

8.8 Adopt Resolution No. 87-22 Authorizing the City Engineer to Request the U.S.

Department of Transportation for an Allocation of 2022 Reconnecting Communities Pilot Discretionary Program Grant Funds and Authorizing the City to Partner with Contra Costa County on a Joint-Agency Grant Proposal

8.9 Adopt Resolution No 88-22 to Approve and Record Parcel Map and Authorize the City Manager to Execute a Subdivision Improvement Agreement with Charles Gonsalves, Craig Gonsalves, Kimberly Gonsalves, David Gonsalves and Charlene Gonsalves, for Minor Subdivision MS 22-227 (2161 Pleasant Hill Road)

8.5 Adopt Resolution No. 84-22 Authorizing the City Manager to Amend the Title and Rate of Pay for the City Clerk/Recorder Job Classification – Item Pulled from Consent
Vice Mayor Flaherty requested a staff report. Erika Mitchell, Human Resources & Risk Manager, provided the staff report.

No one from the public spoke on the item.

Motion (Noack/Rinn) to Approve item 8.5, carried as follows:

AYES: Carlson, Flaherty, Noack, Rinn, Harris

9. ACTION CALENDAR

9.1 Adopt Resolution No. 89-22 Authorizing the City Manager to Fund 30% of the Information Systems Technician Position from Measure K to Support the New Library
Ling King, Chief Technology Officer, delivered a presentation (via teleconference) regarding the funding of 30% of the Information Systems Technician position from Measure K funds in order for the City’s Information Technology Division to provide support to the new library.

No one from the public spoke on the item.

Motion (Flaherty/Noack) to Approve item 9.1, carried as follows:

AYES: Carlson, Flaherty, Noack, Rinn, Harris

9.3 Public Hearing and Introduce Ordinance No. ___ Amending Zoning Ordinance Regulations for Urban Lot Splits (Section 18.20.097) and Two-Unit Projects (Section 18.20.105) Related to Senate Bill 9 (SB 9) and Determining the Ordinance to be Exempt from CEQA

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Attachment: October 3, 2022 Tentative Minutes (Minutes) City Council Meeting Minutes Page 5 October 3, 2022
Troy Fujimoto, City Planner, introduced the item (via teleconference).

Haley Croffitt, Senior Planner, delivered a presentation (via teleconference) based on the City Council’s directions to staff on amending an ordinance regarding the City’s zoning regulations for urban lot splits and two-unit projects on single-family residential lots in response to Senate Bill 9.

No one from the public spoke on the item.

Motion (Carlson/Noack) to Approve item 9.3, carried as follows:

AYES: Carlson, Flaherty, Noack, Rinn, Harris

10. ADJOURNMENT
Mayor Harris adjourned the meeting at 8:05 p.m. The next regular meeting will be held on Monday, October 17, 2022, beginning at 7:00 p.m.

CAROL W. WU, CITY CLERK RECORDER

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Attachment: October 3, 2022 Tentative Minutes (Minutes)

MINUTES OF THE
REGULAR MEETING – CITY COUNCIL
October 17, 2022
City Council Meeting Minutes Page 1 October 17, 2022
Mayor Harris called a Regular Meeting of the City Council to order at 7:00 PM, complete proceedings of which were electronically recorded. The meeting was a hybrid of both in person and teleconferenced attendees. The meeting agenda was posted on the City Hall outdoor bulletin board at 100 Gregory Lane, Pleasant Hill, CA on October 13, 2022, by Deputy City Clerk Juanita Davalos.

1. PLEDGE OF ALLEGIANCE

2. ROLL CALL
Attendee Name Title Status
Michael G. Harris Mayor Present
Timothy M. Flaherty Vice Mayor Present
Ken Carlson Councilmember Present
Sue Noack Councilmember Present
Matthew Rinn Councilmember Present

3. CLOSED SESSION REPORT (IF ANY)
Janet Coleson, City Attorney, reported that on July 21, 2022, the City Council unanimously voted to opt-out of a proposed settlement agreement in the class action lawsuit of the City of Long Beach vs. Monsanto regarding PCB contamination. Ms. Coleson also reported that at this evening’s Closed Session meeting, the City Council unanimously voted to authorize the City Manager to enter into a legal services agreement with the law firm of Sher Edling LLP regarding any PCB contamination issues.

4. PRESENTATIONS

4.1 Introduction of New Civic Action Commissioner John Stephens Vice Mayor Flaherty introduced John Stephens, the new Civic Action Commissioner.

4.2 Proclamation Committing to Continue to Support Elections that are Safe, Free and Fair
Mayor Harris presented a proclamation to Councilmember Carlson and Renee Zeimer, Coalition of Democracy Defenders. Councilmember Carlson and Ms. Zeimer made remarks regarding safe, free and fair elections.

5. CITY MANAGER COMMENTS:

June Catalano, City Manager, announced that this is the last City Council meeting that Pleasant Hill Police Chief Bryan Hill will attend as he is retiring from the police department. Ms.

Catalano spoke of Chief Hill’s accomplishments. Councilmembers expressed their appreciation to Chief Hill for his service to the City. Chief Hill expressed his appreciation to the City and Councilmembers for supporting the police department.

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Attachment: October 17, 2022 Tentative Minutes (Minutes) City Council Meeting Minutes Page 2 October 17, 2022

6. COUNCIL ANNOUNCEMENTS AND REPORTS

6.1 Reports from Councilmembers on Meetings or Conferences Attended at City Expense
(A) Contra Costa Mayors Conference Hosted via Teleconference on October 6, 2022
Mayor Harris reported his virtual attendance at the Contra Costa Mayors Conference held on October 6, 2022.
(B) Other Meetings Attended at City Expense
None

6.2 Announcements from Councilmembers
Mayor Harris reminded the public about the upcoming General Election to be held on November 8, 2002 and urged the public to vote. Mayor Harris summarized the local issues on the ballot.

Councilmember Carlson reported his attendance at the Pleasant Hill City Council Candidate Forum held on October 4, 2022 and at the College Park High School Homecoming game.

Councilmember Carlson reported his participation at the Pleasant Hill Chamber of Commerce Golf Tournament held on October 10, 2022.

Councilmember Noack reported her participation at the Pleasant Hill City Council Candidate Forum and at the Pleasant Hill Chamber of Commerce mixer. Councilmember Noack thanked the City for the flowers in honor of her mother.

Vice Mayor Flaherty encouraged the public to vote in the upcoming General Election to be held on November 8, 2022. Vice Mayor Flaherty reminded the public of the local issues on the ballot.

7. PUBLIC COMMENT
Mayor Harris opened public comment.

There was no public comment.

Mayor Harris closed public comment.

8. CONSENT CALENDAR
Motion (Rinn/Flaherty) to Approve all consent items, carried as follows:

AYES: Carlson, Flaherty, Noack, Rinn, Harris

8.1 Approve Checks Dated: September 30,2022; October 07,2022

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Attachment: October 17, 2022 Tentative Minutes (Minutes) City Council Meeting Minutes Page 3 October 17, 2022

8.2 Adopt Ordinance No. 957 Amending Zoning Ordinance Regulations for Urban Lot Splits (Section 18.20.097) and Two-Unit Projects (Section 18.20.105) Related to Senate Bill 9 (SB 9) and Determining the Ordinance to be Exempt from CEQA

8.3 Adopt Resolution No. 90-22 Authorizing the Mayor and the City Manager to Execute a Successor Compensation Plan and Approving the Accompanying Salary Schedule for the City of Pleasant Hill Management Group

8.4 Adopt Resolution No. 91-22 Authorizing the City Manager to Execute an Agreement with Houston-Galveston Area Council (HGACBuy) and Accompanying Purchase Order with Motorola Solutions Inc. for the Purchase of Portable and Vehicle Radios for the Pleasant Hill Police Department

9. ACTION CALENDAR

9.1 Presentation and Overview of the Adopted 2022 Local Roadway Safety Plan Ananthan Kanagasundaram, City Engineer, introduced the item.

Christopher Thnay of Advanced Mobility Group delivered a presentation of the adopted 2022 Local Roadway Safety Plan.

9.2 Approval of the Pleasant Hill Tourism Improvement District Annual Report for Fiscal Year 2021/22
Zach Seal, Economic Development Manager introduced the item.

Patricia Snowden, President and CEO of Stay Pleasant Hill, delivered the Pleasant Hill Tourism Improvement District Annual Report for Fiscal Year 2021/2022.

Viola Ncube, Stay Pleasant Hill Marketing Director, delivered a presentation on the marketing efforts and accomplishments of Stay Pleasant Hill.

No one from the public spoke on the item.

Motion (Carlson/Rinn) to Approve item 9.2, carried as follows:

AYES: Carlson, Flaherty, Noack, Rinn, Harris

9.3 Adopt Resolution No. 92-22 Authorizing the City Manager to Execute a Fifth Amendment to the Agreement for Professional Services with Contra Costa Health Services, Health, Housing and Homeless Services Division to Provide Homeless Outreach Services Through the County's Coordinated Outreach, Referral, and Engagement (CORE) Program
Captain Scott Vermillion, Pleasant Hill Police Department, delivered the presentation explaining the partnership between the cities of Pleasant Hill and Martinez and Contra Costa County’s

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Attachment: October 17, 2022 Tentative Minutes (Minutes) City Council Meeting Minutes Page 4 October 17, 2022
Coordinated Outreach, Referral and Engagement (CORE) services to address the homeless issue on a local level.

No one from the public spoke on the item.

Motion (Noack/Rinn) to Approve item 9.2, carried as follows:

AYES: Carlson, Flaherty, Noack, Rinn, Harris

10. ADJOURNMENT
Mayor Harris adjourned the meeting at 8:59 p.m. The next regular meeting will be held on Monday, November 7, 2022, beginning at 7:00 p.m.
________
CAROL W. WU, CITY CLERK RECORDER

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Attachment: October 17, 2022 Tentative Minutes (Minutes)

CITY COUNCIL STAFF REPORT
Meeting Date: November 07, 2022
TO: THE HONORABLE MAYOR AND CITY COUNCILMEMBERS
SUBJECT: APPROVE CHECKS DATED: OCTOBER 14, 2022; OCTOBER 21, 2022; OCTOBER 28, 2022

RECOMMENDED CITY COUNCIL ACTION
Approve the check register.

ATTACHMENT(S):

Check Register
Prepared by: Maria Alfredo
Approved by: Erick Cheung, Finance Manager

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CITY COUNCIL STAFF REPORT
Meeting Date: November 07, 2022
TO: THE HONORABLE MAYOR AND CITY COUNCILMEMBERS
SUBJECT: ACCEPT UPDATE ON CONTRA COSTA TRANSPORTATION

AUTHORITY AND TRANSPAC

SYNOPSIS
TRANSPAC meets to provide direction to its staff and make recommendations to the Contra Costa Transportation Authority (CCTA) on significant transportation and land use issues. The attachments to this report include the CCTA Executive summary and Board meeting minutes for July 20 and September 21, 2022, and the TRANSPAC Committee meeting summary minutes for August 4, 2022.

DISCUSSION
Background
TRANSPAC was formed in 1986 to provide the cities of Central Contra Costa County a forum to discuss mutual planning and transportation issues. When Measure C, a countywide transportation proposition, was adopted in 1988, TRANSPAC became the official regional transportation, land use, and housing forum for Central Contra Costa County. The member agencies include Contra Costa County, Clayton, Concord, Martinez, Walnut Creek, and Pleasant Hill.

TRANSPAC meets to discuss transportation-related issues. A Councilmember and a Planning Commissioner represent each jurisdiction. The Chair to the CCTA then submits the actions.

Analysis
An Executive Summary of the actions taken on July 20, 2022, and September 21, 2022 at the CCTA Board meetings is included along with the meeting minutes. The CCTA Board held a special meeting in August 2022 relating to teleconferencing of meetings, but did not hold a regular committee meeting. The actions taken at the TRANSPAC Committee meeting on August 4, 2022 (approved October 13, 2022), are included in the attached minutes. The regular TRANSPAC Committee meetings scheduled in July and September were cancelled. TRANSPAC did hold special meetings related to the continuation of teleconferencing for public meetings.

There is no item of discussion directly related to the City of Pleasant Hill with this update.

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FISCAL IMPACT
None

PUBLIC CONTACT
Public contact was made through posting the City Council agenda on the City’s official notice bulletin board, at the Pleasant Hill Senior Center, and the Pleasant Hill Police Department. The agenda and staff report are posted on the City’s web page.

RECOMMENDED CITY COUNCIL ACTION
Accept the report.

ALTERNATIVES TO RECOMMENDED ACTION
The City Council may want to discuss one or more of the actions taken during the last meeting.

Should the City Council require detailed information pertaining to any issues, a comprehensive report could be scheduled for a subsequent City Council meeting. Contingent on the amount of information required, staff would need adequate time to prepare a comprehensive report addressing the item or items.

ATTACHMENT(S):

CCTA Executive Summary and Board Meeting Minutes for July 20, 2022 CCTA Executive Summary and Board Meeting Minutes for September 21, 2022 TRANSPAC Committee Meeting Summary Minutes for August 4, 2022 Prepared and Reviewed by: Ananthan Kanagasundaram, City Engineer Approved by: June Catalano, City Manager

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COMMISSIONERS
Chris Kelley,
Chair
Federal Glover,
Vice Chair
Newell Arnerich
Tom Butt
Teresa Gerringer
Loella Haskew
David Hudson
Karen Mitchoff
Sue Noack
Lamar Thorpe
Holland White
Timothy Haile,
Executive Director
2999 Oak Road
Suite 100
Walnut Creek
CA 94597
PHONE: 925.256.4700
FAX: 925.256.4701
www.ccta.net
https://cctauthority.sharepoint.com/sites/Common/09Correspondences/RTPC Memos/2022/July 20, 2022 RTPC Memo.doc

MEMORANDUM
To: Matt Todd, TRANSPAC
Chris Weeks, SWAT
Robert Sarmiento, TRANSPLAN
Chris Weeks, TVTC
John Nemeth, WCCTAC
Bret Swain, LPMC
From: Timothy Haile, Executive Director
Date: August 2, 2022
Re: Items of interest for circulation to the Regional Transportation Planning Committees (RTPCs)
At its July 20, 2022 meeting, the Authority discussed the following items, which may be of interests to the Regional Transportation Planning Committees:

A. Quarterly Project Status Report for April ‐ June2022 Recommendation: This was an informational item only; no staff recommendation at this time.

Action: The Authority Board received an informational report on the status of the current Measure projects.

B. Approval of Fiscal Year (FY) 2022‐23 Measure J Allocation:

1. Countywide Bus Services (Program 14)
Recommendation: Staff sought approval of Resolution 22‐11‐G to allocate Measure J Program 14 funds for FY 2022‐23 in the amount of $5,417,795, which includes a reconciliation amount of $120,795 from FY 2020‐21.

2. Countywide Transportation Services for Seniors and People with Disabilities (Program 15)

8.3.a
Packet Pg. 63
Attachment: CCTA Executive Summary and Board Minutes - July 20, 2022 (Update on CCTA and TRANSPAC) RTPC Memorandum
August 2, 2022

https://cctauthority.sharepoint.com/sites/Common/09Correspondences/RTPC Memos/2022/July 20, 2022 RTPC Memo.doc Recommendation: Staff sought approval of Resolution 22‐12‐G to allocate Measure J Program 15 funds for FY 2022‐23 in the amount of $5,843,772, which includes a reconciliation amount of $563,772 from FY 2020‐21.

3. Countywide Express Bus (Program 16)
Recommendation: Staff sought approval of Resolution 22‐13‐G to allocate Measure J Program 16 funds for FY 2022‐23 in the amount of $4,645,104.

4. Commute Alternatives/511 Contra Costa (Program17)
Recommendation: Staff sought approval of Resolution 22‐14‐G, which will allocate Transportation Fund for Clean Air and Measure J Program 17 funds for FY 2022‐23 in the amount of $2,429,175 and authorize the Executive Director to execute cooperative agreements with the City of San Ramon and the West Contra Costa Transportation Advisory Committee for Measure J funding.

5. Sub‐Regional Central County Additional Bus Service Enhancements(Program 19a)
Recommendation: Staff sought approval of Resolution 22‐15‐G to allocate Measure J Program 19a funds for FY 2022‐23 in the amount of $1,467,070, which includes a reconciliation amount of $147,070 from FY2020‐21.

6. Sub‐Regional West County Additional Bus Services (Program19b) Recommendation: Staff sought approval of Resolution 22‐16‐G to allocate Measure J Program 19b funds for FY 2022‐23 in the amount of $2,640,726, which includes a reconciliation amount of $264,726 from FY 2020‐21.

7. Sub‐Regional Central County Additional Transportation Servicesfor Seniors and People with Disabilities (Program 20a)
Recommendation: Staff sought approval of Resolution 22‐17‐G to allocate Measure J Program 20a funds for FY 2022‐23 in the amount of $1,210,000 and authorization for the Chair to enter into cooperative agreements and amendments as necessary with agencies identified to receive funds listed in Resolution 22‐17‐G Exhibit 1.

8. Sub‐Regional Southwest County Safe Transportation for Children – School Bus (Program 21c)
Recommendation: Staff sought approval of Resolution 22‐19‐G to allocate Measure J Program 21c funds for FY 2022‐23 in the amount of $4,058,896, which includes a reconciliation amount of $406,896 from FY2020‐21.

8.3.a
Packet Pg. 64
Attachment: CCTA Executive Summary and Board Minutes - July 20, 2022 (Update on CCTA and TRANSPAC) RTPC Memorandum
August 2, 2022

https://cctauthority.sharepoint.com/sites/Common/09Correspondences/RTPC Memos/2022/July 20, 2022 RTPC Memo.doc

9. Sub‐Regional West County Ferry Service (Program22b)
Recommendation: Staff sought approval of Resolution 22‐20‐G to allocate Measure J Program 22b fundsfor FY 2022‐23 in the amount of $3,709,330.

10. Sub‐Regional West County Safe Transportation for Children: Low‐Income Student Bus Pass Program (SBPP) (Program 21b) for School Years (SY) 2022‐23 through 2023‐24
Recommendation: Staff sought approval of Resolution 22‐07‐G to allocate Measure J Program 21b funds for FY 2022‐23 in the amount of $2,362,823 to the Low‐Income SBPP for SYs 2022‐23 through 2023‐24 and $5,000 for Authority staff administration of Program21b.

Action: The Authority Board approved the resolutions for the FY 2022‐23 Measure J program allocations for Programs 14-17, 19a, 19b, 20a, 21b, 21c, 22b.

C. Quarterly Project Status Reportfor Transportation for Livable Communities and Pedestrian, Bicycle, and Trail Facilities Projects for April ‐ June 2022 Recommendation: This was an informational item only; no staff recommendation at this time.

Action: The Authority Board received an informational report on the status of the current Measure projects.

D. Authorization to Execute Funding Agreement No. 23‐CC with Bay Area Air Quality Management District (BAAQMD) for Work to be Performed Using the Transportation Fund for Clean Air County Program Manager Funds for Fiscal Year (FY) 2022‐23
Recommendation: Staff sought authorization for the Executive Director to execute Funding Agreement No. 23‐CC with BAAQMD in the amount of $2,187,558, for TransportationDemand Management programsimplemented by 511 Contra Costa, and to allow the Executive Director or designee to make any non‐substantive changes to the language for FY 2022‐23.

Action: The Authority Board authorized the Executive Director to execute Funding Agreement No. 23‐CC with BAAQMD in the amount of $2,187,558, for Transportation Demand Management programsimplemented by 511 Contra Costa, and to allow the Executive Director or designee to make any non‐substantive changes to the language for FY 2022‐23.

8.3.a
Packet Pg. 65
Attachment: CCTA Executive Summary and Board Minutes - July 20, 2022 (Update on CCTA and TRANSPAC) RTPC Memorandum
August 2, 2022

https://cctauthority.sharepoint.com/sites/Common/09Correspondences/RTPC Memos/2022/July 20, 2022 RTPC Memo.doc E. Authorization to Renew Agreement No. 569 with StreetLight Data, Inc. (StreetLight) for a Countywide Multimode Regional License (Multi‐Domain License) for an Additional One‐Year Term and Execute Amendment No. 1 to the Memorandum of Understanding (MOU) with Cities/Town Participating in the Cost Share for the License
Recommendation: Staff sought authorization for the Chair to renew Agreement No. 569 with StreetLight for an additional one‐year term in the amount of $502,500 for a Multi‐Domain License. This renewal will extend the agreement termination date from July 20, 2022 to July 20, 2023. Staff also sought authorization to execute Amendment No. 1 to the MOU with Cities/Town participating in the cost share for the license. This renewal to the MOU will extend the termination date from July 20, 2022 to July 20, 2023.

Action: The Authority Board authorized the Chair to renew Agreement No. 569 with StreetLight for an additional one‐year term in the amount of $502,500 for a Multi‐Domain License, and to extend the agreement termination date from July 20, 2022 to July 20, 2023. The Authority Board also authorized the execution of Amendment No. 1 to the MOU with Cities/Town participating in the cost share for the license, and to extend the termination date from July 20, 2022 to July 20, 2023.

F. East County Dynamic Personal Micro Transit (DPMT) Project – Authorization to Execute Memorandumof Understanding (MOU) No. 91.00.01 with Eastern Contra Costa Transit Authority (ECCTA)
Recommendation: Staff sought authorization for the Chair to execute MOU No.

91.00.01 with ECCTA that defines the roles and responsibilities for tasks related to the planning and advancement of the DPMT project.

Action: The Authority Board authorized the Chair to execute MOU No. 91.00.01 with ECCTA to define the roles and responsibilities for tasks related to the planning and advancement of the DPMT project.

G. Innovate 680 (Project 8009) – Authorization to Execute Amendment No. 2 to Agreement No. 530 with WSP USA Inc.(WSP)
Recommendation: Staff sought authorization for the Chair to execute Amendment No. 2 to Agreement No. 530 with WSP in the amount of $3,800,000, which includes $161,566 in contingency for optional traffic analysis, for a new total agreement value of $9,786,183, and to allow the Executive Director or designee to make any non‐substantive changes to the language.

Action: The Authority Board authorized the Chair to execute Amendment No. 2 to Agreement No. 530 with WSP in the amount of $3,800,000, which includes $161,566

8.3.a
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Attachment: CCTA Executive Summary and Board Minutes - July 20, 2022 (Update on CCTA and TRANSPAC) RTPC Memorandum
August 2, 2022

https://cctauthority.sharepoint.com/sites/Common/09Correspondences/RTPC Memos/2022/July 20, 2022 RTPC Memo.doc in contingency for optional traffic analysis, for a new total agreement value of $9,786,183, and to allow the Executive Director or designee to make any non‐substantive changes to the language.

H. Reaffirm the Decision for the Conduct of Meetings of the Legislative Bodies of the Authority for July and August 2022 and Discuss How to Conduct Meetings for September 2022
Recommendation: Staff sought approval of the Authority Board to reaffirm its decision made on May 18, 2022, to continue conducting remote meetings of all legislative bodies of the Authority through August 2022 in compliance with Assembly Bill 361 (AB361) and consistent with the Contra Costa Health Services’ Recommendations for Safely Holding Public Meetings dated June 14, 2022, which strongly encourages online meetings and recommends measures for social distancing, to adhere to the 30‐day provision of AB361, and sought direction on how to conduct meetings in September 2022 for all legislative bodies of the Authority.

Action: The Authority Board reaffirmed its decision made on May 18, 2022, to continue conducting remote meetings of all legislative bodies of the Authority through August 2022 in compliance with Assembly Bill 361 (AB361) and consistent with the Contra Costa Health Services’ Recommendations for Safely Holding Public Meetings dated June 14, 2022, which strongly encourages online meetings and recommends measures for social distancing, to adhere to the 30‐day provision of AB361. The Authority Board also authorized staff to return to hybrid meetings for the regular Authority Board meetings starting in September 2022, in-person for the Authority Board Retreat in September 2022, and to continue conducting remote meetings through September 2022 in accordance with AB 361 for all other legislative body meetings of the Authority including special meetings of the Authority Board to stay in compliance with the 30-day requirement of AB 361.

I. Innovate 680 – Automated Driving System (Project 8009.07) and Bay Area Mobility‐on‐Demand Project (Project 8009.05) – Approval to Utilize Fund Exchange Reserve (FER) Funds and Authorization to Execute Agreement No. 589 and Agreement No. 591 with BEEP, Inc. (BEEP) to Provide Autonomous Shuttlesfor Demonstration Projects
Recommendation: Staff sought approval of Resolution 22‐23‐P, which will utilize $400,000 in FER funds, authorization for the Chair to execute Agreement No. 589 with BEEP in the amount of $1,532,958 and Agreement No. 591 with BEEP in the amount of $400,000 to provide autonomous shuttles for demonstration projects, and to allow the Executive Director or designee to make any non‐substantive changes to the language.

8.3.a
Packet Pg. 67
Attachment: CCTA Executive Summary and Board Minutes - July 20, 2022 (Update on CCTA and TRANSPAC) RTPC Memorandum
August 2, 2022

https://cctauthority.sharepoint.com/sites/Common/09Correspondences/RTPC Memos/2022/July 20, 2022 RTPC Memo.doc Action: The Authority Board approved Resolution 22‐23‐P, which will utilize $400,000 in FER funds, authorization for the Chair to execute Agreement No. 589 with BEEP in the amount of $1,532,958 and Agreement No. 591 with BEEP in the amount of $400,000 to provide autonomous shuttles for demonstration projects, and to allow the Executive Director or designee to make any non‐substantive changes to the language.

J. Update on the One Bay Area Grant Cycle 3 (OBAG 3) Program and Call for Projects Recommendation: Staff will provide an overview of the process and timeline for OBAG 3 and address any questions that may arise. This is an informational item only. This meeting also provides an opportunity for the members and public to ask questions and give input. The intent is to incorporate public feedback into the decision‐making process.

Action: The Authority Board received an update on the OBAG 3 Program and Call for Projects.

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Attachment: CCTA Executive Summary and Board Minutes - July 20, 2022 (Update on CCTA and TRANSPAC) Authority Board Meeting MINUTES
MEETINGDATE: Wednesday, July 20, 2022
MINUTESPREPAREDBY: Tarienne Grover
MEMBERSPRESENT: STAFFPRESENT: MEMBERSABSENT:

Chris Kelley, Chair
Federal Glover, Vice Chair
Newell Arnerich, Commissioner
Tom Butt, Commissioner
Teresa Gerringer, Commissioner
Loella Haskew, Commissioner
Karen Mitchoff, Commissioner
Sue Noack, Commissioner
Lamar Thorpe, Commissioner
Holland White, Commissioner
Mark Foley, Ex­Officio Rep.

Maureen Powers, Ex­Officio Rep.

Amy Worth, Ex­Officio Rep.

Colin Clarke
Peter Engel
Tarienne Grover
Timothy Haile
Jack Hall
John Hoang
Stephanie Hu
Brian Kelleher
Matt Kelly
Hisham Noeimi
Ivan Ramirez
Sherri Sylva
Linsey Willis
Jacob Duginski, Legal Counsel
Dave Hudson, Commissioner

1. CONVENE MEETING: Chris Kelley, Chair
DISCUSSION: Chair Kelly convened the meeting at 6:00 PM. Commissioner Hudson was absent.

Commissioner White had not yet arrived.

2. PLEDGE OF ALLEGIANCE

3. PUBLIC COMMENT: Members of the public are invited to addressthe Authority regarding any item that is not listed on the agenda. Please refer to the Teleconferencing Special Notice for Public Comment guidelines.

DISCUSSION: There were no public comments on items not on the agenda.

4. PRESENTATIONS

CONSENT CALENDAR
ACTION: Commissioner Butt moved to approve the consent calendar, seconded by Commissioner Arnerich. The motion was adopted by unanimous vote of the commissioners present, unless otherwise noted.

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Attachment: CCTA Executive Summary and Board Minutes - July 20, 2022 (Update on CCTA and TRANSPAC) Authority Board Meeting MINUTES
July 20, 2022

Noes‐None
Absent‐Commissioner Hudson, Commissioner Thorpe, Commissioner White Abstain‐None

5. APPROVAL OF MINUTES
A. Authority Board Minutes of June 15,2022
B. Authority Board Special Minutes of July 6, 2022

6. Administration & Projects Committee ‐ Consent:

A. Accept Monthly Accounts Payable Invoice Report for May2022 Recommendation: Staff seeks acceptance of the monthly accounts payable invoice report for May 2022.

B. Quarterly Project Status Report for April ‐ June2022 Recommendation: This is an informational item only; no staff recommendation at this time.

C. Interstate 680 Auxiliary Lanes, Segment 2, Plant Establishment (Project 1106 S2) – Approval of Construction Work and Issue Final Payment to Bortolussi & Watkin, Inc. for Construction Services
Recommendation: Staff seeks approval of Resolution 22‐22‐P, which will authorize acceptance of construction work under Agreement No. 478 as being complete and satisfactory, authorize the release of all retention to the contractor, and authorize staff to proceed with contract closeout.

D. Innovate 680 – Mobility‐on‐Demand (MOD) (Project 8009.05) and Automated Driving System (ADS) (Project 8009.07) – Authorization to Reimburse Metropolitan Transportation Commission (MTC) for Expenses Related to Real‐Time Traffic Data Recommendation: Staff seeks authorization to reimburse MTC in the amount of $24,928.44, for modification expenses to the Simple Object Access Protocol Application Programming Interface to allow transfer of traffic data to the MOD and ADS project platforms.

E. Innovate 680 (Project 8009) – Authorization to Approve the California Department of Transportation Innovation Team (CIT) Annual Workplan for Fiscal Year (FY) 2022‐ 23 8.3.a
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Attachment: CCTA Executive Summary and Board Minutes - July 20, 2022 (Update on CCTA and TRANSPAC) Authority Board Meeting MINUTES
July 20, 2022

Recommendation: Staff seeks authorization for the Chair to approve the CIT Annual Workplan for FY 2022‐23, in an amount not‐to‐exceed $206,800, and to allow the Executive Director or designee to make any non‐substantive changes to the language.

F. NEW ITEM: Authorization to Issue Request for Proposals (RFP) No. 22‐4 for General Counsel Legal Services
Recommendation: Staff seeks authorization to issue RFP No. 22‐4 to obtain proposals from firms interested in providing the Authority with general counsel legal services.

G. NEW ITEM – Authorization to Execute Amendment No. 2 to Agreement No. 443 with Tyler Technologies Inc. (Tyler) to Provide Human Resources/Payroll (HR/Payroll) and Financial Management System (FMS) Support, and Cloud Computing Services for Fiscal Year (FY) 2022‐23
Recommendation: Staff seeks authorization for the Chair to execute Amendment No. 2 to Agreement No. 443 with Tyler in the amount of $60,000, for a new total agreement value of $387,555, to provide HR/Payroll and FMS support, and cloud computing services for FY 2022‐23.

7. Planning Committee ‐ Consent:

A. Approval of Fiscal Year (FY) 2022‐23 Measure J Allocation:

1. Countywide Bus Services (Program 14)
Recommendation: Staff seeks approval of Resolution 22‐11‐G to allocate Measure J Program 14 funds for FY 2022‐23 in the amount of $5,417,795, which includes a reconciliation amount of $120,795 from FY 2020‐21.

2. Countywide Transportation Services for Seniors and People with Disabilities (Program 15)
Recommendation: Staff seeks approval of Resolution 22‐12‐G to allocate Measure J Program 15 funds for FY 2022‐23 in the amount of $5,843,772, which includes a reconciliation amount of $563,772 from FY 2020‐21.

3. Countywide Express Bus (Program 16)
Recommendation: Staff seeks approval of Resolution 22‐13‐G to allocate Measure J Program 16 funds for FY 2022‐23 in the amount of $4,645,104.

8.3.a
Packet Pg. 71
Attachment: CCTA Executive Summary and Board Minutes - July 20, 2022 (Update on CCTA and TRANSPAC) Authority Board Meeting MINUTES
July 20, 2022

4. Commute Alternatives/511 Contra Costa (Program 17)
Recommendation: Staff seeks approval of Resolution 22‐14‐G, which will allocate Transportation Fund for Clean Air and Measure J Program 17 funds for FY 2022‐23 in the amount of $2,429,175 and authorize the Executive Director to execute cooperative agreements with the City of San Ramon and the West Contra Costa Transportation Advisory Committee for Measure J funding.

5. Sub‐Regional Central County Additional Bus Service Enhancements(Program 19a)
Recommendation: Staff seeks approval of Resolution 22‐15‐G to allocate Measure J Program 19a funds for FY 2022‐23 in the amount of $1,467,070, which includes a reconciliation amount of $147,070 from FY2020‐21.

6. Sub‐Regional West County Additional Bus Services (Program19b) Recommendation: Staff seeks approval of Resolution 22‐16‐G to allocate Measure J Program 19b fundsfor FY 2022‐23 in the amount of $2,640,726, which includes a reconciliation amount of $264,726 from FY2020‐21.

7. Sub‐Regional Central County Additional Transportation Servicesfor Seniors and People with Disabilities (Program 20a)
Recommendation: Staff seeks approval of Resolution 22‐17‐G to allocate Measure J Program 20a funds for FY 2022‐23 in the amount of $1,210,000 and authorization for the Chair to enter into cooperative agreements and amendments as necessary with agencies identified to receive funds listed in Resolution 22‐17‐G Exhibit 1.

8. Sub‐Regional Southwest County Safe Transportation for Children – School Bus (Program 21c)
Recommendation: Staff seeks approval of Resolution 22‐19‐G to allocate Measure J Program 21c funds for FY 2022‐23 in the amount of $4,058,896, which includes a reconciliation amount of $406,896 from FY2020‐21.

9. Sub‐Regional West County Ferry Service (Program22b)
Recommendation: Staff seeks approval of Resolution 22‐20‐G to allocate Measure J Program 22b fundsfor FY 2022‐23 in the amount of $3,709,330.

10. NEW ITEM: Sub‐Regional West County Safe Transportation for Children: Low‐ Income Student Bus Pass Program (SBPP) (Program 21b) for School Years (SY) 2022‐23 through 2023‐24

8.3.a
Packet Pg. 72
Attachment: CCTA Executive Summary and Board Minutes - July 20, 2022 (Update on CCTA and TRANSPAC) Authority Board Meeting MINUTES
July 20, 2022

Recommendation: Staff seeks approval of Resolution 22‐07‐G to allocate Measure J Program 21b fundsfor FY 2022‐23 in the amount of $2,362,823 to the Low‐Income SBPP for SYs 2022‐23 through 2023‐24 and $5,000 for Authority staff administration of Program21b.

B. Quarterly Project Status Reportfor Transportation for Livable Communities and Pedestrian, Bicycle, and Trail Facilities Projects for April ‐ June 2022 Recommendation: This is an informational item only; no staff recommendation at this time.

C. Approval of Proposed Actions to Various FundingResolutions Recommendation: Staff seeks approval of Resolution 19‐41‐G (Rev 1), which will extend the term of the resolution to July 17, 2023 with the City of Richmond; and Resolution 19‐45‐G (Rev 1), which will extend the term of the resolution to September 18, 2023 with the City of Hercules.

D. Authorization to Issue Request for Qualifications (RFQ) No. 22‐3 for On‐Call Transportation Planning Support and Related Services Bench Recommendation: Staff seeks authorization to issue RFQ No. 22‐3 to obtain proposals from firms interested in providing the Authority with on‐call transportation planning support and related services bench.

E. NEW ITEM: Authorization to Execute Funding Agreement No. 23‐CC with Bay Area Air Quality Management District (BAAQMD) for Work to be Performed Using the Transportation Fund for Clean Air County Program Manager Funds for Fiscal Year (FY) 2022‐23
Recommendation: Staff seeks authorization for the Executive Director to execute Funding Agreement No. 23‐CC with BAAQMD in the amount of $2,187,558, for Transportation Demand Management programsimplemented by 511 Contra Costa, and to allow the Executive Director or designee to make any non‐substantive changes to the language for FY 2022‐23.

F. NEW ITEM: Authorization to Renew Agreement No. 569 with StreetLight Data, Inc. (StreetLight) for a Countywide Multimode Regional License (Multi‐Domain License) for an Additional One‐Year Term and Execute Amendment No. 1 to the Memorandum of Understanding (MOU) with Cities/Town Participating in the Cost Share for the License
Recommendation: Staff seeks authorization for the Chair to renew Agreement No. 569 with StreetLight for an additional one‐year term in the amount of $502,500 for a Multi‐Domain License. This renewal will extend the agreement termination date from July 20, 2022 to July 20, 2023. Staff also seeks authorization to execute Amendment No. 1 to the MOU with Cities/Town participating in the cost share for

8.3.a
Packet Pg. 73
Attachment: CCTA Executive Summary and Board Minutes - July 20, 2022 (Update on CCTA and TRANSPAC) Authority Board Meeting MINUTES
July 20, 2022

the license. This renewal to the MOU will extend the termination date from July 20, 2022 to July 20, 2023.

REGULAR AGENDA ITEMS

8. Administration & Projects Committee ‐ Regular:

A. Legislative Update
Recommendation: Staff will provide an update on legislation, along with address any questions that may arise. The Authority may take action on any item presented on the attachment or any State or Federal legislation pertaining to the Authority’s legislative program.

ACTION: Commissioner Arnerich moved to oppose Assembly Bill 2441 (Kalra), unless amended, seconded by Commissioner Haskew. The motion was adopted by unanimous vote of the commissioners present, unless otherwise noted.

Noes‐None
Absent‐Commissioner Hudson, Commissioner Thorpe
Abstain‐None
DISCUSSION: Linsey Willis, Director, External Affairs introduced the item and Mark Watts with Smith, Watts & Hartmann. Mr. Watts provided a brief update on Assembly Bill 2441 (Kalra) and recommended that the Authority Board oppose the bill unless amended.

Commissioners provided comments. Mr. Watts responded to comments from commissioners. Commissioner Mitchoff requested additional information on the assembly bill and that it be tabled for a future meeting. Upon further discussion, Commissioner Mitchoff removed her request for the item to be tabled.

Member White arrived at 6:09 PM.

B. East County Dynamic Personal Micro Transit (DPMT) Project – Authorization to Execute Memorandum of Understanding (MOU) No. 91.00.01 with Eastern Contra Costa Transit Authority (ECCTA)
Recommendation: Staff seeks authorization for the Chair to execute MOU No.

91.00.01 with ECCTA that defines the roles and responsibilities for tasks related to the planning and advancement of the DPMT project.

ACTION: Vice Chair Glover moved to authorize the Chair to execute Memorandum of Understanding No. 91.00.01 with Eastern Contra Costa Transit Authority that

8.3.a
Packet Pg. 74
Attachment: CCTA Executive Summary and Board Minutes - July 20, 2022 (Update on CCTA and TRANSPAC) Authority Board Meeting MINUTES
July 20, 2022

defines the roles and responsibilities for tasks related to the planning and advancement of the East County Dynamic Personal Micro Transit project, seconded by Commissioner White. The motion was adopted by unanimous vote of the commissioners present, unless otherwise noted.

Noes‐None
Absent‐Commissioner Hudson, Commissioner Thorpe
Abstain‐None
DISCUSSION: Stephanie Hu, Director, Projects, provided a background of the Dynamic Personal Micro Transit (DPMT) project and discussed the East County transit priorities identified in the feasibility study, conceptual routing plan and alignment. Ms. Hu also provided an overview of key project requirements, examples of technology options, project delivery strategy with the Public‐Private Partnership model and the anticipated project schedule. In addition, Ms. Hu discussed the purpose of the Memorandum of Understanding, which defines the roles of responsibilities of the Authority and the Eastern Contra Costa Transit Authority in advancing the DPMT project.

Commissioners provided comments. Staff responded to comments from commissioners.

C. Innovate 680 (Project 8009) – Authorization to Execute Amendment No. 2 to Agreement No. 530 with WSP USA Inc.(WSP)
Recommendation: Staff seeks authorization for the Chair to execute Amendment No. 2 to Agreement No. 530 with WSP in the amount of $3,800,000, which includes $161,566 in contingency for optional traffic analysis, for a new total agreement value of $9,786,183, and to allow the Executive Director or designee to make any non‐substantive changes to the language.

ACTION: Commissioner Butt moved to authorize the Chair to execute Amendment No. 2 to Agreement No. 530 with WSP USA Inc. in the amount of $3,800,000, which includes $161,566 in contingency for optional traffic analysis, for a new total agreement value of $9,786,183, and to allow the Executive Director or designee to make any non‐substantive changes to the language, seconded by Commissioner Gerringer. The motion was adopted by unanimous vote of the commissioners present, unless otherwise noted.

Noes‐None
Absent‐Commissioner Hudson, Commissioner Thorpe
Abstain‐None

8.3.a
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Attachment: CCTA Executive Summary and Board Minutes - July 20, 2022 (Update on CCTA and TRANSPAC) Authority Board Meeting MINUTES
July 20, 2022

DISCUSSION: Stephanie Hu, Director, Projects, provided a background of the agreement, discussed the program/corridor support, system management, Coordinated Adaptive Ramp Metering (CARM) project, and the budget request for the Project Approval and Environmental document phase for CARM and program system support services. Ms. Hu provided an update on the Innovate 680 projects, discussed the funding opportunities, development of the Implementation Plan for the Concept of Operations document to define the vision and purpose, the Operations and Maintenance (O&M) roadmap principles, and schedule.

Mr. Haile discussed the field tour in April that garnered support of the ramp metering concept from the California Department of Transportation, the performance‐based challenges of O&M, and the benefits of the governing structure.

Commissioners provided comments. Staff responded to comments from commissioners.

D. NEW ITEM: Reaffirm the Decision for the Conduct of Meetings of the Legislative Bodies of the Authority for July and August 2022 and Discuss How to Conduct Meetings for September 2022
Recommendation: Staff seeks approval of the Authority Board to reaffirm its decision made on May 18, 2022, to continue conducting remote meetings of all legislative bodies of the Authority through August 2022 in compliance with Assembly Bill 361 (AB361) and consistent with the Contra Costa Health Services’ Recommendations for Safely Holding Public Meetings dated June 14, 2022, which strongly encourages online meetings and recommends measures for social distancing, to adhere to the 30‐day provision of AB361, and seeks direction on how to conduct meetings in September 2022 for all legislative bodies of the Authority.

ACTION: Commissioner Arnerich moved to reaffirm the Authority Board’s decision made on May 18, 2022, to continue conducting remote meetings of all legislative bodies of the Authority through August 2022 in compliance with Assembly Bill 361 (AB361) and consistent with the Contra Costa Health Services’ Recommendations for Safely Holding Public Meetings dated June 14, 2022, which strongly encourages online meetings and recommends measures for social distancing, to adhere to the 30‐day provision of AB361, and seeks direction on how to conduct meetings in September 2022 for all legislative bodies of the Authority, seconded by Commissioner Noack. The motion was adopted by unanimous vote of the commissioners present, unless otherwise noted.

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July 20, 2022

Noes‐None
Absent‐Commissioner Hudson, Commissioner Thorpe
Abstain‐None
DISCUSSION: Tarienne Grover, Director, Administrative Services, provided a brief background and update on the considerationsfor continuing to meet remotely with the Brown Act exemption provisions under Assembly Bill 361.

E. NEW ITEM: Innovate 680 – Automated Driving System (Project 8009.07) and Bay Area Mobility‐on‐Demand Project (Project 8009.05) – Approval to Utilize Fund Exchange Reserve (FER) Funds and Authorization to Execute Agreement No. 589 and Agreement No. 591 with BEEP, Inc. (BEEP) to Provide Autonomous Shuttlesfor Demonstration Projects
Recommendation: Staff seeks approval of Resolution 22‐23‐P, which will utilize $400,000 in FER funds, authorization for the Chair to execute Agreement No. 589 with BEEP in the amount of $1,532,958 and Agreement No. 591 with BEEP in the amount of $400,000 to provide autonomous shuttles for demonstration projects, and to allow the Executive Director or designee to make any non‐substantive changes to the language.

ACTION: Commissioner Arnerich moved to approve Resolution 22‐23‐P, which will utilize $400,000 in Fund Exchange Reserve funds, authorization for the Chair to execute Agreement No. 589 with BEEP, Inc. in the amount of $1,532,958 and Agreement No. 591 with BEEP, Inc. in the amount of $400,000 to provide autonomous shuttles for demonstration projects, and to allow the Executive Director or designee to make any non‐substantive changes to the language, seconded by Commissioner Gerringer. The motion was adopted by unanimous vote of the commissioners present, unless otherwise noted.

Noes‐None
Absent‐Commissioner Hudson, Commissioner Thorpe
Abstain‐None
DISCUSSION: Jack Hall, Engineering Manager, provided a background of the Automated Driving System and Bay Area Mobility‐on‐Demand projects, procurement process, the Scope‐of‐Work for the projects, and funding for the projects including the Fund Exchange Reserve funds. Mr. Hall introduced Joe Moye with Beep, Inc.

Mr. Moye discussed the benefits of micro transit including mobility equity, safety, climate, and extended services.

Commissioners provided comments. Staff responded to comments from commissioners.

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July 20, 2022

9. Planning Committee ‐ Regular:

A. Update on the One Bay Area Grant Cycle 3 (OBAG 3) Program and Call for Projects Recommendation: Staff will provide an overview of the process and timeline for OBAG 3 and address any questions that may arise. This is an informational item only. This meeting also provides an opportunity for the members and public to ask questions and give input. The intent is to incorporate public feedback into the decision‐making process.

DISCUSSION: John Hoang, Director, Planning, provided a background of the One Bay Area Grant Cycle 3 Program and Call for Projects, discussed the funding available for projects in Contra Costa County, the purpose and goals for the Smart Signal projects, programmatic Safe Routes to School Non‐Infrastructure projects, and Active Transportation and Safety projects, the processfor nominating projects, the prioritization criteria, scoring categories, the regional evaluation process, and the schedule.

Commissioners provided comments. Staff responded to comments from commissioners.

B. NEW ITEM: Action Plans for Routes of Regional Significance and Countywide Transportation Plan – Project Update
Recommendation: This is an informational item only; no staff recommendation at this time.

DISCUSSION: John Hoang, Director, Planning, introduced the item and Matt Kelly, Senior Transportation Planner,to provide a background and overview of the Action Plans in Contra Costa County. Mr. Kelly announced that the Multimodal Transportation Service Objectives have been expanded to Regional Transportation Objectives and technology has been added as a new objective and discussed the public outreach efforts and key accomplishments from prior plans.

Mr. Hoang discussed the schedule and potential agenda items to be discussed at the upcoming Authority Board Workshop in September.

Timothy Haile, Executive Director, discussed the history of the Countywide Transportation Plan (CTP), the efforts to modernize the CTP to advance the Authority, and the intent of the upcoming Authority Board Workshop.

Commissioners provided comments. Staff responded to comments from commissioners.

10. CORRESPONDENCE AND COMMUNICATIONS

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11. ASSOCIATED COMMITTEE REPORTS
A. Central County (TRANSPAC): Meeting Report for the regular meeting on July 14, 2022 (Meeting handout if available)
B. East County (TRANSPLAN): Meeting Report for the regular meeting on July 14, 2022 (Meeting handout if available)
C. Southwest County (SWAT): Meeting Report for the regular meeting on July 11, 2022 (Meeting handout if available)
D. West County (WCCTAC): Meeting Report for the regular meeting on June 24, 2022

12. AUTHORITY BOARD AND STAFF COMMENTS
A. Chair's Comments and Reports
DISCUSSION: Chair Kelley discussed her in‐person meetings with Timothy Haile, Executive Director, and the value of meeting in-person.

B. Commissioners' and Ex‐Officio Representatives’ Comments and Reports on Activities and Meetings
DISCUSSION: Member Noack announced that the City of Pleasant Hill just approved a pilot program for electric scooters in Pleasant Hill.

Rep. Worth provided an update on the Metropolitan Transportation Commission’s (MTC) Transit‐Oriented Communities Policy that has been deferred until September, and thanked staff for their involvement in gathering feedback from the jurisdictions in Contra Costa County.

Commissioner Butt announced that the company Bolt that was providing electric bicycles in the City of Richmond has gone out of business nationwide.

Rep. Powers discussed Charles Anderson’s retirement on July 15, 2022 from the West Contra Costa Transit Authority and announced that Rob Thompson has been appointed as their new General Manager.

C. Executive Staff Comments
DISCUSSION: Timothy Haile, Executive Director, discussed that he will be attending the Public Manager’s Association meeting to discuss potential agenda items for the Authority Board Workshop, provided a brief update on the Authority Board Workshop to be held on September 15‐16, 2022, and announced that the transit operators and City Managers in Contra Costa County have been invited. Mr. Haile

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thanked the Authority Board, staff, and partners that were involved in the Transit and Intercity Rail Capital Program grant award and discussed the projects that will be funded with this grant.

13. CALENDAR
A. July, August, September, and October 2022
B. Calendar of Upcoming Events

14. ADJOURNMENT to the next regular meeting proposed for September 21, 2022 at 6:00 PM.

DISCUSSION: The meeting was adjourned at 7:47 PM.

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COMMISSIONERS
Chris Kelley,
Chair
Federal Glover,
Vice Chair
Newell Arnerich
Tom Butt
Teresa Gerringer
Loella Haskew
David Hudson
Karen Mitchoff
Sue Noack
Lamar Thorpe
Holland White
Timothy Haile,
Executive Director
2999 Oak Road
Suite 100
Walnut Creek
CA 94597
PHONE: 925.256.4700
FAX: 925.256.4701
www.ccta.net
https://cctauthority.sharepoint.com/sites/Common/09Correspondences/RTPC Memos/2022/September 21, 2022 RTPC Memo.doc

MEMORANDUM
To: Matt Todd, TRANSPAC
Chris Weeks, SWAT
Robert Sarmiento, TRANSPLAN
Chris Weeks, TVTC
John Nemeth, WCCTAC
Bret Swain, LPMC
From: Timothy Haile, Executive Director
Date: September 30, 2022
Re: Items of interest for circulation to the Regional Transportation Planning Committees (RTPCs)
At its September 21, 2022 meeting, the Authority discussed the following items, which may be of interests to the Regional Transportation Planning Committees:

A. Approval to Adopt the Amended Conflict of Interest (COI) Code of the Contra Costa Transportation Authority
Recommendation: Staff sought approval of Resolution 22‐24‐A, which will adopt the Authority's COI Code and direct that such COI Code be submitted to the Contra Costa County Board of Supervisors as the Authority’s code‐reviewing body (Government Code, Section (§) 82011) requesting approval of the COI Code as required under Government Code, § 87306.5.

Action: The Authority Board approved Resolution 22‐24‐A, which will adopt the Authority's COI Code and direct that such COI Code be submitted to the Contra Costa County Board of Supervisors as the Authority’s code‐reviewing body (Government Code, Section (§) 82011) requesting approval of the COI Code as required under Government Code, § 87306.5. The amendment added a Director, Mobility Programs position and the Bus Transit Coordinating Committee Members as Form 700 filers.

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September 30, 2022

https://cctauthority.sharepoint.com/sites/Common/09Correspondences/RTPC Memos/2022/September 21, 2022 RTPC Memo.doc B. Iron Horse Trail/Bollinger Canyon Road Bicycle and Pedestrian Overcrossing (Project 120025) – Authorization to Execute Funding Agreement No. 598 with the City of San Ramon (City) for Project Implementation and to Execute Amendment No. 2 to Cooperative Agreement No. 12SW.05 with the City for Environmental Approvals, Design, Right‐of‐Way (ROW), Utility, and Construction Services Recommendation: Staff sought authorization for the Chair to execute Funding Agreement No. 598 with the City for project implementation and Amendment No. 2 to Cooperative Agreement No. 12SW.05 with the City in the amount of $6,387,629, for a new total agreement value of $29,107,279, for environmental approvals, design, ROW, utility, and construction services, and to allow the Executive Director or designee to make any non‐substantive changes to the language.

Action: The Authority Board authorized the Chair to execute Funding Agreement No. 598 with the City for projectimplementation and Amendment No. 2 to Cooperative Agreement No. 12SW.05 with the City in the amount of $6,387,629, for a new total agreement value of $29,107,279, for environmental approvals, design, ROW, utility, and construction services, and to allow the Executive Director or designee to make any non‐substantive changes to the language.

C. Consider the Conduct for Meetings of the Legislative Bodies of the Authority for October 2022
Recommendation: Staff requested that the Authority Board having reconsidered the circumstances continue through October 2022 conducting hybrid meetings for the regular Authority Board meetings and remote meetings for all other legislative bodies of the Authority and special meetings of the Authority Board pursuant to the Brown Act provision exemptions of Assembly Bill 361 (AB361) and consistent with the Contra Costa Health Service’s encouragement of online meetings and recommendations for social distancing for public meetings, to adhere to the 30‐day reconsideration requirement of AB361.

Action: The Authority Board having reconsidered the circumstances made a determination to continue through October 2022 conducting hybrid meetings for the regular Authority Board meetings and remote meetings for all other legislative bodies of the Authority and special meetings of the Authority Board pursuant to the Brown Act provision exemptions of Assembly Bill 361 (AB361) and consistent with the Contra Costa Health Service’s encouragement of online meetings and recommendations for social distancing for public meetings, to adhere to the 30‐day reconsideration requirement of AB361.

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September 30, 2022

https://cctauthority.sharepoint.com/sites/Common/09Correspondences/RTPC Memos/2022/September 21, 2022 RTPC Memo.doc D. State Route 4 (SR4) Corridor Vision Project – Approval of Task Order No. 3 Under Agreement No. 499 with Mark Thomas & Company (MTCo) for Completion of the SR4 Corridor Vision Project(Project)
Recommendation: Staff sought authorization for the Chair to execute Task Order No. 3 to Agreement No. 499 with MTCo in an amount not‐to‐exceed $547,100, for preparation of the Project, and delegate authority to negotiate and execute amendments within the contingency to the Executive Director or designee.

Action: The Authority Board authorized the Chair to execute Task Order No. 3 to Agreement No. 499 with MTCo in an amount not‐to‐exceed $547,100, for preparation of the Project, and delegate authority to negotiate and execute amendments within the contingency to the Executive Director or designee.

E. Approval of the Updated List of Local Projects for the Countywide Bicycle and Pedestrian Plan (CBPP)
Recommendation: Staff sought approval of the updated list of local projects to update Appendix D of the adopted CBPP.

Action: The Authority Board approved the updated list of local projects to update Appendix D of the adopted CBPP.

F. Contra Costa Countywide Transportation Safety Policy and ImplementationGuide (Guide) for Local Agencies
Recommendation: Staff sought review, comment, and approval of proposed draft Resolution 21‐40‐G (Rev 1) – Guide for local agencies.

Action: The Authority Board approved Resolution 21‐40‐G (Rev 1) – Guide for local agencies.

G. East County Dynamic Personal Micro‐Transit (DPMT) (Project 31001) – Authorization to Issue Request for Proposals (RFP) No. 22‐05 to Solicit a Developer Team
Recommendation: Staff sought authorization to issue RFP No. 22‐05 to solicit a Developer Team to advance the East County DPMT project.

Action: The Authority Board authorized staff to issue RFP No. 22‐05 to solicit a Developer Team to advance the East County DPMT project.

8.3.b
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September 30, 2022

https://cctauthority.sharepoint.com/sites/Common/09Correspondences/RTPC Memos/2022/September 21, 2022 RTPC Memo.doc H. Outreach and Education of Emerging Technology and MobilityOptions Recommendation: Staff sought approval of Resolution 22‐27‐P, which will authorize the Executive Director to utilize up to $200,000 in GoMentum Reserve Account funds for procurement of two Shared Autonomous Vehicles, cover transportation costs, all necessary insurance, maintenance, and support staff for the Countywide Technology Education Program. The procurements will follow the Authority’s adopted contracting procedures contained in the Administrative Code.

Action: The Authority Board approved Resolution 22‐27‐P, which will authorize the Executive Director to utilize up to $200,000 in GoMentum Reserve Account funds for procurement of two Shared Autonomous Vehicles, cover transportation costs, all necessary insurance, maintenance, and support staff for the Countywide Technology Education Program.

I. Approval of the Contra Costa County’s One Bay Area Grant Cycle 3 (OBAG 3) County & Local Program Project Nomination List
Recommendation: Staff sought approval of Resolution 22‐25‐G, which includes the OBAG 3 Contra Costa County & Local Program Project Nomination List requesting funding in the amount of $56,775,000, and to direct staff to submit the resolution, Project Nomination List, and all required materials to the Metropolitan Transportation Commission by September 30, 2022.

Action: The Authority Board approved Resolution 22‐25‐G, which includes the OBAG 3 Contra Costa County & Local Program Project Nomination List requesting funding in the amount of $56,775,000, and to direct staff to submit the resolution, Project Nomination List, and all required materials to the Metropolitan Transportation Commission by September 30, 2022.

J. Approve Consultant Eligibility List for On‐Call Transportation Planning Support and Related Services Bench from Request for Qualifications (RFQ)22‐3 Recommendation: Staff sought approval of the Consultant Eligibility List for the On‐Call Transportation Planning Support and Related Services Bench as a result of the RFQ process, authorization for the Chair to execute the following 22 agreements each with an amount not‐to‐exceed $1,000,000: 1) Alta Planning + Design; 2) AMS Consulting; 3) Arup US, Inc; 4) DAVTEQ Inc.; 5) DKS Associates; 6) Fehr & Peers; 7) GHD Inc.; 8) HDR Engineering, Inc.; 9) HNTB Corporation; 10) Iteris, Inc.; 11) Kimley‐Horn and Associates; 12) Kittelson & Associates, Inc.; 13) Mott MacDonald; 14) Parsons Transportation Group; 15) Placeworks; 16) Sam Schwartz; 17) Shel Leader; 18) Stantec Consulting Services; 19) TJKM; 20) The PLUM Catalyst;

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September 30, 2022

https://cctauthority.sharepoint.com/sites/Common/09Correspondences/RTPC Memos/2022/September 21, 2022 RTPC Memo.doc 21) Toole Design Group, LLC; and 22) WSP USA Inc., and to allow the Executive Director or designee to make any non‐substantive changes to the language.

Action: The Authority Board approved the Consultant Eligibility List for the On‐Call Transportation Planning Support and Related Services Bench as a result of the RFQ process, authorization for the Chair to execute the following 22 agreements each with an amount not‐to‐exceed $1,000,000: 1) Alta Planning + Design; 2) AMS Consulting; 3) Arup US, Inc; 4) DAVTEQ Inc.; 5) DKS Associates; 6) Fehr & Peers; 7) GHD Inc.; 8) HDR Engineering, Inc.; 9) HNTB Corporation; 10) Iteris, Inc.; 11) Kimley‐Horn and Associates; 12) Kittelson & Associates, Inc.; 13) Mott MacDonald; 14) Parsons Transportation Group; 15) Placeworks; 16) Sam Schwartz; 17) Shel Leader; 18) Stantec Consulting Services; 19) TJKM; 20) The PLUM Catalyst; 21) Toole Design Group, LLC; and 22) WSP USA Inc., and to allow the Executive Director or designee to make any non‐substantive changes to the language.

8.3.b
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Attachment: CCTA Executive Summary and Board Minutes - September 21, 2022 (Update on CCTA and TRANSPAC) Authority Board Meeting MINUTES
MEETINGDATE: Wednesday, September 21, 2022
MINUTESPREPAREDBY: Tarienne Grover
MEMBERSPRESENT: STAFFPRESENT:

Chris Kelley, Chair
Federal Glover, Vice Chair
Newell Arnerich, Commissioner
Tom Butt, Commissioner
Teresa Gerringer, Commissioner
Loella Haskew, Commissioner
Dave Hudson, Commissioner
Karen Mitchoff, Commissioner
Sue Noack, Commissioner
Lamar Thorpe, Commissioner
Mark Foley, Ex­Officio Rep.

Maureen Powers, Ex­Officio Rep.

Colin Clarke
Peter Engel
Tarienne Grover
Timothy Haile
Jack Hall
Christina Hartley
John Hoang
Stephanie Hu
Brian Kelleher
Matt Kelly
Hisham Noeimi
Irene Ortega
Ivan Ramirez
Jackie Reyes
Ying Smith
Sherri Sylva
Yuliana Tjeng
Paula Troy
Linsey Willis
Lindsay D’Andrea, Meyers Nave
Claire Lai, Meyers Nave
MEMBERSABSENT:

Holland White, Commissioner
Amy Worth, Ex­Officio Rep.

1. CONVENE MEETING: Chris Kelley, Chair
DISCUSSION: Chair Kelley convened the meeting at 6:00 PM. Vice Chair Glover, Commissioners Butt and Hudson, and Rep. Powers attended the meeting remotely. Commissioner White and Rep. Worth were absent.

2. PLEDGE OF ALLEGIANCE

3. PUBLIC COMMENT: Members of the public are invited to addressthe Authority regarding any item that is not listed on the agenda. Please refer to the Teleconferencing Special Notice for Public Comment guidelines.

Dave Campbell, Bike East Bay
Robert Prinz, Bike East Bay
Bruce Ohlson, Bike East Bay (Comments made under Item 12B due to technical difficulties)

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September 21, 2022

4. PRESENTATIONS

CONSENT CALENDAR
ACTION: Commissioner Mitchoff moved to approve the consent calendar, seconded by Commissioner Butt. The motion was adopted by unanimous vote of the commissioners present, unless otherwise noted.

Noes‐None
Absent‐Commissioner White
Abstain‐None

5. APPROVAL OF MINUTES
A. Authority Board Minutes of July 20, 2022
B. Authority Board Minutes of August 17, 2022 (Special) C. Authority Board Minutes of September 7, 2022(Special)

6. Administration & Projects Committee ‐ Consent:

A. Accept Monthly Accounts Payable Invoice Report for June and July 2022 Recommendation: Staff seeks acceptance of the monthly accounts payable invoice report for June and July 2022.

B. Accept Quarterly Cash and Investment Report for the Period Ended June 30, 2022 Recommendation: Staff seeks acceptance of the quarterly cash and investment report for the period ended June 30, 2022.

C. Accept Quarterly Sales Tax Revenue Report for the Period Ended March 31, 2022 Recommendation: Staff seeks acceptance of the quarterly sales tax revenue report for the period ended March 31, 2022.

D. Approval of Proposed Action to Various FundingResolution Recommendation: Staff seeks approval of Resolution 12‐08‐P (Rev 4), which will extend the term of the resolution to June 30, 2024 with the City of Hercules, for the Hercules Rail Station – Path to Transit Phase (Project 4001).

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September 21, 2022

E. Accept Consultant Agreement Amendment
Recommendation: Staff seeks authorization for the Chair to execute Amendment No. 2 to Agreement No. 501 with T.Y. Lin to provide continued on‐call services. This amendment will extend the agreement termination date from September 30, 2022 to September 30, 2024 with no increase in budget.

F. Authorization to Execute Amendment No. 5 to Agreement No. 451 with Smith, Watts & Hartmann, LLC (SWH) for State Legislative Advocacy Services Recommendation: Staff seeks authorization for the Chair to execute Amendment No. 5 to Agreement No. 451 with SWH at the current rate of $4,000 per month ($48,000/year), for a total agreement value of $348,000, to provide continued state legislative advocacy services, and to extend the agreement termination date through December 31, 2023.

G. Approval to Adopt the Amended Conflict of Interest (COI) Code of the Contra Costa Transportation Authority
Recommendation: Staff seeks approval of Resolution 22‐24‐A, which will adopt the Authority's COI Code and direct that such COI Code be submitted to the Contra Costa County Board of Supervisors as the Authority’s code‐reviewing body (Government Code, Section (§) 82011) requesting approval of the COI Code as required under Government Code, § 87306.5.

H. Legislative Update
Recommendation: Staff will provide an update on legislation, along with address any questions that may arise. The Authority may take action on any item presented on the attachment or any State or Federal legislation pertaining to the Authority’s legislative program.

I. Iron Horse Trail/Bollinger Canyon Road Bicycle and Pedestrian Overcrossing (Project 120025) – Authorization to Execute Funding Agreement No. 598 with the City of San Ramon (City) for Project Implementation and to Execute Amendment No. 2 to Cooperative Agreement No. 12SW.05 with the City for Environmental Approvals, Design, Right‐of‐Way (ROW), Utility, and Construction Services Recommendation: Staff seeks authorization for the Chair to execute Funding Agreement No. 598 with the City for project implementation and Amendment No. 2 to Cooperative Agreement No. 12SW.05 with the City in the amount of $6,387,629, for a new total agreement value of $29,107,279, for environmental approvals, design, ROW, utility, and construction services, and to allow the Executive Director or designee to make any non‐substantive changes to the language.

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September 21, 2022

J. NEW ITEM: Consider the Conduct for Meetings of the Legislative Bodies of the Authority for October 2022
Recommendation: Staff request that the Authority Board having reconsidered the circumstances continue through October 2022 conducting hybrid meetings for the regular Authority Board meetings and remote meetings for all other legislative bodies of the Authority and special meetings of the Authority Board pursuant to the Brown Act provision exemptions of Assembly Bill 361 (AB361) and consistent with the Contra Costa Health Service’s encouragement of online meetings and recommendations for social distancing for public meetings, to adhere to the 30‐day reconsideration requirement of AB361.

K. NEW ITEM: Authorization to Execute Agreement No. 601 with Fennemore LLP DBA Fennemore Wendel (Fennemore) for General Counsel Legal Services Recommendation: Staff seeks authorization for the Chair to execute Agreement No. 601 with Fennemore in the amount of $526,704, to provide general counsel legal services, and to allow the Executive Director or designee to make any non‐ substantive changes to the language. This approval includes a not‐to‐exceed amount of $5,000 annually for travel and miscellaneous expenses for a total not‐ to‐exceed amount of $15,000. The term of the agreement will be for three years with the option for two additional one‐year extension options.

7. Planning Committee ‐ Consent:

A. City of Hercules – Willow Avenue/Palm Avenue Pedestrian Improvements(Project 120036) – Request for Approval of the 75% Design Peer Review Recommendation: Staff seeks approval of the Technical Coordinating Committee's recommendation to have the 75% design peer review approved by the Authority Board.

B. Approval of Proposed Actions to Various FundingResolutions Recommendation: Staff seeks approval of Resolution 18‐15‐G (Rev 2), which will terminate the resolution with the City of Richmond after returning the remaining balance of $81,905.39 to the funding category, and Resolutions 18‐23‐G (Rev 2) and 19‐18‐G (Rev 1), which will terminate the resolutions with the City of San Pablo.

C. State Route 4 (SR4) Corridor Vision Project – Approval of Task Order No. 3 Under Agreement No. 499 with Mark Thomas & Company (MTCo) for Completion of the SR4 Corridor Vision Project (Project)
Recommendation: Staff seeks authorization for the Chair to execute Task Order No. 3 to Agreement No. 499 with MTCo in an amount not‐to‐exceed $547,100, for

8.3.b
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preparation of the Project, and delegate authority to negotiate and execute amendments within the contingency to the Executive Director or designee.

D. Approval of the Updated List of Local Projects for the Countywide Bicycle and Pedestrian Plan (CBPP)
Recommendation: Staff seeks approval of the updated list of local projects to update Appendix D of the adopted CBPP.

E. Contra Costa Countywide Transportation Safety Policy and ImplementationGuide (Guide) for Local Agencies
Recommendation: Staff seeks review, comment, and approval of proposed draft Resolution 21‐40‐G (Rev 1) – Guide for local agencies.

F. NEW ITEM: Authorization forthe Executive Directorto Execute Amendment No. 1 to Agreement No. 590 with Lyons‐Newman Consulting (Consultant) in an Amount Not‐ to‐Exceed $70,000 to Provide Services in Support of the Accessible Transportation Strategic Plan (ATSP) Task Force’s (TF) Assignment to Develop and Seat a Coordinating Entity (CE) for Accessible Transportation Services in Contra Costa County
Recommendation: Staff seeks authorization for the Executive Director to execute Amendment No. 1 to Agreement No. 590 with Consultant in an amount not‐to‐ exceed $70,000 to support the ATSP TF in its task to develop and seat an accessible transportation CE in Contra Costa County, and to allow the Executive Director or designee to make any non‐substantive changes to the language.

REGULAR AGENDA ITEMS

8. Administration & Projects Committee ‐ Regular:

A. East County Dynamic Personal Micro‐Transit (DPMT) (Project 31001) – Authorization to Issue Request for Proposals (RFP) No. 22‐05 to Solicit a Developer Team
Recommendation: Staff seeks authorization to issue RFP No. 22‐05 to solicit a Developer Team to advance the East County DPMT project.

ACTION: Commissioner Arnerich moved to authorize staff to issue Request for Proposals No. 22‐05 to solicit a Developer Team to advance the East County Dynamic Personal Micro‐Transit project, seconded by Vice Chair Glover. The motion was adopted by unanimous vote of the commissioners present, unless otherwise noted.

8.3.b
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September 21, 2022

Noes‐None
Absent‐Commissioner White
Abstain‐None
DISCUSSION: Stephanie Hu, Director, Projects, provided a background of the Dynamic Personal Micro‐Transit project, the East County transit priorities identified in the feasibility study, and collaborative efforts by Tri Delta Transit and Authority staff to advance the project since the completion of the feasibility study. Ms. Hu provided an overview of the key project requirements, project delivery strategy with the Public‐Private Partnership model, and phases of work covered under the systems pre‐development agreement with the selected developer team.

Brent Butzin with KKR discussed the roles of the developer team members, submission requirements, evaluation criteria, process, and schedule for the Request for Proposals.

Commissioners provided comments. Staff responded to comments from commissioners.

Public Comment
Bruce Ohlson, Bike East Bay
B. Outreach and Education of Emerging Technology and MobilityOptions Recommendation: Staff seeks approval of Resolution 22‐27‐P, which will authorize the Executive Director to utilize up to $200,000 in GoMentum Reserve Account funds for procurement of two Shared Autonomous Vehicles, cover transportation costs, all necessary insurance, maintenance, and support staff for the Countywide Technology Education Program. The procurements will follow the Authority’s adopted contracting procedures contained in the Administrative Code.

ACTION: Commissioner Mitchoff moved to approve Resolution 22‐27‐P, which will authorize the Executive Director to utilize up to $200,000 in GoMentum Reserve Account funds for procurement of two Shared Autonomous Vehicles, cover transportation costs, all necessary insurance, maintenance, and support staff for the Countywide Technology Education Program, and will follow the Authority’s adopted contracting procedures contained in the Administrative Code,seconded by Commissioner Noack. The motion was adopted by unanimous vote of the commissioners present, unless otherwise noted.

Noes‐None
Absent‐Commissioner White
Abstain‐None

8.3.b
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September 21, 2022

DISCUSSION: Jack Hall, Engineering Manager, provided a brief overview of the Countywide Technology Education Program and the use ofthe Shared Autonomous Vehicles for public outreach at countywide events.

Commissioners provided comments. Staff responded to comments from commissioners.

9. Planning Committee ‐ Regular:

A. Approval of the Contra Costa County’s One Bay Area Grant Cycle 3 (OBAG 3) County & Local Program Project Nomination List
Recommendation: Staff seeks approval of Resolution 22‐25‐G, which includes the OBAG 3 Contra Costa County & Local Program Project Nomination List requesting funding in the amount of $56,775,000, and to direct staff to submit the resolution, Project Nomination List, and all required materials to the Metropolitan Transportation Commission by September 30, 2022.

ACTION: Commissioner Haskew moved to approve Resolution 22‐25‐G, which includes the One Bay Area Grant 3 Contra Costa County & Local Program Project Nomination List requesting funding in the amount of $56,775,000, and to direct staff to submit the resolution, Project Nomination List, and all required materials to the Metropolitan Transportation Commission by September 30, 2022, seconded by Commissioner Gerringer. The motion was adopted by unanimous vote of the commissioners present, unless otherwise noted.

Noes‐None
Absent‐Commissioner White
Abstain‐None
DISCUSSION: John Hoang, Director, Planning, provided a brief background, and discussed the Call for Projects process, funding available countywide for the programmatic Safe Routes to School Non‐Infrastructure projects, Active Transportation Safety (ATS) projects, and the Smart Signals projects. Mr. Hoang discussed the scoring categories, Review Panel, and process for selection of the ATS projects, as well as the Project List. He further discussed the prioritization criteria, nomination list to be submitted to the Metropolitan Transportation Commission for regional evaluation, and the schedule for the One Bay Area Grant process.

Commissioners provided comments. Staff responded to comments from commissioners.

B. NEW ITEM: Approve Consultant Eligibility List for On‐Call Transportation Planning Support and Related Services Bench from Request for Qualifications (RFQ)22‐3

8.3.b
Packet Pg. 92
Attachment: CCTA Executive Summary and Board Minutes - September 21, 2022 (Update on CCTA and TRANSPAC) Authority Board Meeting MINUTES
September 21, 2022

Recommendation: Staff seeks approval of the Consultant Eligibility List for the On‐Call Transportation Planning Support and Related Services Bench as a result of the RFQ process, authorization for the Chair to execute the following 22 agreements each with an amount not‐to‐exceed $1,000,000: 1) Alta Planning + Design; 2) AMS Consulting; 3) Arup US, Inc; 4) DAVTEQ Inc.; 5) DKS Associates; 6) Fehr & Peers; 7) GHD Inc.; 8) HDR Engineering, Inc.; 9) HNTB Corporation; 10) Iteris, Inc.; 11) Kimley‐Horn and Associates; 12) Kittleson & Associates, Inc.; 13) Mott MacDonald; 14) Parsons Transportation Group; 15) Placeworks; 16) Sam Schwartz; 17) Shel Leader; 18) Stantec Consulting Services; 19) TJKM; 20) The PLUM Catalyst; 21) Toole Design Group, LLC; and 22) WSP USA Inc., and to allow the Executive Director or designee to make any non‐substantive changes to the language.

ACTION: Commissioner Noack moved to approve the Consultant Eligibility List for the On‐Call Transportation Planning Support and Related Services Bench as a result of the Request for Qualifications process, authorization for the Chair to execute the following 22 agreements each with an amount not‐to‐exceed $1,000,000: 1) Alta Planning + Design; 2) AMS Consulting; 3) Arup US, Inc; 4) DAVTEQ Inc.; 5) DKS Associates; 6) Fehr & Peers; 7) GHD Inc.; 8) HDR Engineering, Inc.; 9) HNTB Corporation; 10) Iteris, Inc.; 11) Kimley‐Horn and Associates; 12) Kittelson & Associates, Inc.; 13) Mott MacDonald; 14) Parsons Transportation Group; 15) Placeworks; 16) Sam Schwartz; 17) Shel Leader; 18) Stantec Consulting Services; 19) TJKM; 20) The PLUM Catalyst; 21) Toole Design Group, LLC; and 22) WSP USA Inc., and to allow the Executive Director or designee to make any non‐substantive changes to the language, seconded by Commissioner Arnerich. The motion was adopted by unanimous vote of the commissioners present, unless otherwise noted.

Noes‐None
Absent‐Commissioner White
Abstain‐None
DISCUSSION: John Hoang, Director, Planning, provided a background and overview of the procurement process, the Review Panel and evaluation process to select the qualified firms.

Commissioners provided comments. Staff responded to comments from commissioners.

10. CORRESPONDENCE AND COMMUNICATIONS

11. ASSOCIATED COMMITTEE REPORTS
A. Central County (TRANSPAC): Meeting Report for the special meeting on September 1, 2022 (Meeting handout if available)
B. East County (TRANSPLAN): Meeting Reports for the regular meetings on August 11, 2022 and September 8, 2022 (Meeting handout if available)

8.3.b
Packet Pg. 93
Attachment: CCTA Executive Summary and Board Minutes - September 21, 2022 (Update on CCTA and TRANSPAC) Authority Board Meeting MINUTES
September 21, 2022

C. Southwest County (SWAT): Meeting Reportforthe regular meeting on September 12, 2022 (Meeting handout if available)
D. West County (WCCTAC): Meeting Report for the regular meeting on July 22, 2022, and special meeting on August 31, 2022 (Meeting handout if available)

12. AUTHORITY BOARD AND STAFF COMMENTS
A. Chair's Comments and Reports
DISCUSSION: Chair Kelley discussed her attendance at the Beep tour in Florida, the Intelligent Transportation Systems World Congress Conference in Los Angeles, CA, the Ohmio shuttle visit and meeting with the Transport of New South Wales in Australia, and the GoMentum Station visit with Secretary of Transportation Pete Buttigieg.

B. Commissioners' and Ex‐Officio Representatives’ Comments and Reports on Activities and Meetings
DISCUSSION: Commissioner Noack discussed the Active for Me app used by schools to encourage children to bike and walk.

Commissioner Mitchoff discussed her attendance at the GoMentum Station visit with Transportation Secretary Pete Buttigieg, the Lucid Studio Pop‐Up event in Walnut Creek, and the upcoming Contra Costa County Time Capsule event on October 4, 2022.

Commissioner Glover discussed the upcoming Contra Costa County Time Capsule event on October 4, 2022.

Commissioner Thorpe discussed the need for Vision Zero and reaching zero fatalities.

Rep. Foley discussed the 50-year anniversary of the Bay Area Rapid Transit District and thanked staff for the Authority Board Workshop held on September 15‐16, 2022.

C. Executive Staff Comments
DISCUSSION: Timothy Haile, Executive Director, thanked staff for their efforts on making the first hybrid meeting a success. He introduced new employees, Paula Troy, Accounting Specialist, Yuliana Tjeng, Finance Manager, Ying Smith, Director, Mobility Programs, and Colin Clarke, Associate Transportation Planner. Mr.

Haile discussed the Automated Driving Systems grant, Safe Streets for All grant, MEGA grant, and Smart Systems grant. He discussed the reputation of the Authority, its partnerships, and the meetings with the delegation of Netherlands,

8.3.b
Packet Pg. 94
Attachment: CCTA Executive Summary and Board Minutes - September 21, 2022 (Update on CCTA and TRANSPAC) Authority Board Meeting MINUTES
September 21, 2022

Ohmio shuttle visit and meeting with the Transport of New South Wales in Australia, visit to May Mobility, and the Intelligent Transportation Systems World Congress Conference.

13. CALENDAR
A. September, October, November, and December 2022
B. Calendar of Upcoming Events

14. CLOSED SESSION
A. Conference with Legal Counsel – Anticipated Litigation Significant exposure to litigation pursuant to Government Code Section 54956.9(d) (2): One potential case
Party: Brosamer & Wall, Inc.

DISCUSSION: Commissioners and staff convened into Closed Session at 7:36 PM.

Vice Chair Glover and Rep. Foley left the meeting at 7:36 PM.

15. RECONVENE IN OPEN SESSION
A. Report on Action Taken in Closed Session
ACTION: Commissioner Mitchoff moved to approve Resolution 22‐28‐P authorizing partial release of retention to Brosamer & Wall, Inc. under construction services Agreement No. 505 forthe Interstate 680/State Route 4 Interchange Improvements, Phase 3 project, seconded by Commissioner Arnerich. The motion was adopted by unanimous vote of the commissioners present, unless otherwisenoted.

Noes‐None
Absent‐Vice Chair Glover, Commissioner White
Abstain‐None
DISCUSSION: Commissioners reconvened into Open Session at 7:51 PM.

Commissioner Hudson left the meeting at 7:51 PM.

Claire Lai, interim Authority Counsel with Meyers Nave, reported that Resolution 22‐28‐P was approved in Closed Session and would be submitted as part of the public record.

16. ADJOURNMENT to the next regular meeting proposed for October 19, 2022 at 6:00 PM.

DISCUSSION: The meeting was adjourned at 7:52 PM.

8.3.b
Packet Pg. 95
Attachment: CCTA Executive Summary and Board Minutes - September 21, 2022 (Update on CCTA and TRANSPAC) TRANSPAC Committee Meeting Summary Minutes
MEETING DATE: August 4, 2022
MEMBERS PRESENT: Loella Haskew, Walnut Creek (Chair); Peter Cloven, Clayton (Vice Chair); Tim McGallian, Concord; Mark
Ross, Martinez; Karen Mitchoff, Contra Costa
County
PLANNING COMMISSIONERS PRESENT: John Mercurio, Concord; Diana Vavrek, Pleasant Hill
STAFF PRESENT: Melody Reebs, County Connection; Philip Ho, Pleasant Hill; Matt Todd, TRANSPAC Managing
Director; and Tiffany Gephart, TRANSPAC Clerk
GUESTS/PRESENTERS: John Hoang, CCTA; David Early, Placeworks; Torina Wilson, Placeworks; Raul Tovar, Placeworks;
Charlie Knox, Placeworks; Scott Simmons
MINUTES PREPARED BY: Tiffany Gephart

1. Convene Regular Meeting / Pledge of Allegiance / Self-Introductions Chair Haskew called the meeting to order at 9:02 A.M. Introductions followed.

2. Public Comments
There were no comments from the public.

3. Consent Agenda
a. Minutes of the June 9, 2022 and July 7, 2022 Meetings.

Items Approved by the CCTA for Circulation to the Regional Transportation Planning Committees and Related Items of Interest.
b. CCTA Executive Director’s Report Regarding CCTA Actions/Discussion Items c. Items Approved by the CCTA for Circulation to the Regional Transportation Planning Committees and Related Items of Interest
d. RTPC Meeting Summary Letters
e. CCTA Meeting Updates and Countywide Information Links f. Continue use of Teleconferencing for Public Meetings by the TRANSPAC Board and Subcommittees Pursuant to the Provisions of AB 361. Approve the proclamation of a local emergency, ratify the proclamation of a State of Emergency, and authorize the continuation of conducting remote teleconference meetings of the legislative bodies of TRANSPAC for the

8.3.c
Packet Pg. 96
Attachment: TRANSPAC Committee Minutes - August 4, 2022 (Update on CCTA and TRANSPAC) period through September 3, 2022, pursuant to the Brown Act provisions under AB 361.

On motion by Commissioner McGallian seconded by Commissioner Mitchoff to approve the consent agenda by unanimous vote of the members present (Haskew, Cloven, Mitchoff, Ross, McGallian).

End Consent Agenda

4. CENTRAL COUNTY ACTION PLAN UPDATE.

John Hoang introduced the item. David Early, Placeworks provided an overview presentation of the progress of the Action Plan.

Commissioner Haskew commented that she appreciated the work that that team has done so far and opened the meeting for comments.

John Mercurio asked about the Contra Costa Canal Trail and if Mr. Early was aware that that the Contra Costa Water District has a plan to put the canal in a pipe thereby creating new space for a wider right of way in this corridor. Mr. Early commented that he is aware and that CCTA are working with the Water District on the project and there will be an Action to take advantage of the rights of way once undergrounding occurs.

Commissioner Cloven noted safety concerns about Marsh Creek Road coming into Clayton from East County as a Route of Regional Significance. Mr. Early noted that there is consensus among the TACs from both TRANSPAC and East County that the Roadway will not be modified for increased capacity but only for safety improvements and this will be called out in the Action Plan.

Mr. Todd asked Mr. Early to show the additions of Routes of Regional Significance in the TRANSPAC area since the last Action plan. Mr. Early noted in addition to Marsh Creek Road on the Central County side, Monument and Alhambra going from Highway 4 North into downtown Martinez and then along the waterfront.

Mr. Mercurio noted a corridor from Contra Costa Canal Trail into Cowell Road and commented that it would be more effective if it continues and connects into Newhall Park. Mr. Early noted that CCTA is not amending the Countywide Bicycle and Pedestrian Plan. Mr. Mercurio noted that City of Concord is conducting a Complete Streets study on Cowell Road, which likely will call for a cycle track. He further noted that this would be a huge asset and that it should be included in the Action Plan. Mr. Early commented that it is possible to add the suggested corridors as an Actions. Mr. Early clarified the two corridors noted by Mr. Mercurio and confirmed that he would notate Cowell Road and the California Riding and Hiking trail continuing northbound towards Clayton Road and up to Newhall Park.

8.3.c
Packet Pg. 97
Attachment: TRANSPAC Committee Minutes - August 4, 2022 (Update on CCTA and TRANSPAC)

5. TRANSPAC CCTA REPRESENTATIVE REPORTS.

No member comments.

6. TAC ORAL REPORTS BY JURISDICTION
No member comments.

7. BOARDMEMBER COMMENTS
No member comments.

8. MANAGING DIRECTOR’S REPORT
Mr. Todd reminded the Board that the September 1, 2022 special meeting will be held at 8:15 A.M to continue remote meetings under the provisions of AB 361. He further requested consensus on a second AB 361 special meeting on September 29, 2022 prior to the regular TAC meeting. The Board agreed to the meeting with a start time of 8:45 A.M.

9. ADJOURN / NEXT MEETING The meeting adjourned at 9:47 A.M. There will be a special meeting on September 1, 2022 at 8:15 A.M.

8.3.c
Packet Pg. 98
Attachment: TRANSPAC Committee Minutes - August 4, 2022 (Update on CCTA and TRANSPAC)

CITY COUNCIL STAFF REPORT
Meeting Date: November 07, 2022
TO: THE HONORABLE MAYOR AND CITY COUNCILMEMBERS
SUBJECT: REAFFIRM RESOLUTION NO. 33-22 APPROVING CONTINUED

TELECONFERENCED, HYBRID OR IN-PERSON MEETINGS OF ALL

CITY LEGISLATIVE BODIES PURSUANT TO THE PROVISIONS OF
AB 361

SYNOPSIS
On September 15, 2021, the Governor signed into law AB 361, an urgency measure which allows for the continuation of teleconferenced meetings without complying with the teleconferencing requirements imposed by the Brown Act. The measure requires that the findings allowing for teleconferenced meetings are affirmed every 30 days. On October 3, 2022, the City Council reaffirmed Resolution No. 33-22 (adopted May 2, 2022) allowing for teleconferenced, in-person, or hybrid (a blend of remote and in-person participants) public meetings of the City’s legislative bodies from October 13, 2022 through November 11, 2022. Staff recommends the City Council reaffirm the resolution for the next 30-day period.

DISCUSSION
Background
AB 361 temporarily authorizes local agencies to hold teleconferenced meetings without complying with the teleconferencing requirements imposed by the Brown Act when the legislative body of the local agency holds a meeting: 1) during a declared state of emergency, when state or local health officials have imposed or recommended measures to promote social distancing; 2) during a proclaimed state of emergency held for the purpose of determining, by majority vote, whether meeting in person would present imminent risks to the health or safety of attendees; and 3) during a proclaimed state of emergency when the legislative body has determined that meeting in person would present imminent risks to the health or safety of attendees. The City Council has been utilizing AB 361 to hold teleconferenced meetings since October 2021 for the City Council and all subsidiary City commissions, boards, and committees.

On May 2, 2022, the City Council adopted Resolution No. 33-22 allowing for in-person, hybrid, or fully teleconferenced meetings of all legislative bodies pursuant to the provisions of AB 361.

The City Council has continuously reaffirmed that resolution.

8.4 Packet Pg. 99
Analysis
In order to continue teleconferenced or hybrid meetings, the Council must reconsider the factors above every 30 days, and adopt specified findings that the facts relied upon still exist.

The State of California is still under an emergency declaration regarding COVID-19, and as of the publishing of the agenda packet that contains this report, State health officials continue to recommend holding online meetings, or if meeting in person, social distancing1, to help stop the spread of the virus. Although the County rescinded any and all active COVID-19-related health orders on October 21, 2022, the October 4, 2022 Contra Costa Health Services Recommendations for Safely Holding Public Meetings (attached) are still applicable.

The State of California emergency declaration regarding COVID-19 remains in effect, and State and local health officials continue to encourage online public meetings as online meetings present the lowest risk of transmission of COVID-19. If meeting in-person, social distancing is recommended to help reduce the transmission of COVID-19.

The last reaffirmation of Resolution No. 33-22 expires on November 11, 2022. Staff therefore recommends the City Council reaffirm Resolution No. 33-22 allowing for in-person, hybrid, or fully teleconferenced meetings of all City legislative bodies from November 12, 2022 through December 12, 2022 pursuant to the provisions of AB 361.

The City will continue to monitor State and local recommendations and guidelines and update the findings every 30 days, in compliance with AB 361.

FISCAL IMPACT
None

PUBLIC CONTACT
Public contact was made through posting of the City Council agenda on the City’s official notice bulletin board, at the Pleasant Hill Senior Center, and at the Pleasant Hill Police Department. The agenda and staff report are posted on the City’s web page.

RECOMMENDED CITY COUNCIL ACTION
Reaffirm Resolution No. 33-22 allowing for in-person, hybrid, or fully teleconferenced meetings

1 There are still references to social distancing in state materials including: the Frequently Asked Questions (“FAQs”) for Medi-Cal beneficiaries located at https://www.dhcs.ca.gov/Pages/COVID-19-Vaccines.aspx updated June 13, 2022; the guidance on additional vaccine doses for persons who are immunocompromised located at https://www.cdph.ca.gov/Programs/CID/DCDC/Pages/COVID-19/ThirdVaccineDoseQandA.aspx updated June 23, 2022; and the FAQ’s to Cal-OSHA’s Emergency Temporary Standards located at https://www.dir.ca.gov/dosh/coronavirus/covid19faqs.html#training updated October 13, 2022.

8.4 Packet Pg. 100
of all legislative bodies pursuant to the provisions of AB 361.

ALTERNATIVES TO RECOMMENDED CITY COUNCIL ACTION
Provide further direction to staff.

ATTACHMENT(S):

Resolution No. 33-22
Recommendations for Safely Holding Public Meetings (October 4, 2022) Prepared by: Danielle K. Navarro, Principal Management Analyst/City Clerk Approved by: June Catalano, City Manager

8.4 Packet Pg. 101
RESOLUTION NO. 33-22

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLEASANT HILL

ALLOWING FOR IN-PERSON, HYBRID TELECONFERENCED, OR FULLY

TELECONFERENCED MEETINGS OF ALL LEGISLATIVE BODIES PURSUANT TO THE PROVISIONS OF AB 361, AND RESCINDING AND REPLACING RESOLUTION 19-22
WHEREAS, the Ralph M. Brown Act (Gov. Code § 54950 et seq.) generally requires local agencies that meet via teleconference, including through other virtual or electronic means such as Zoom, to provide public access at each location in which members of the legislative body are teleconferencing; and WHEREAS, the Legislature enacted Assembly Bill 361 (AB 361), which amended Government Code section 54953 to allow local agencies to meet virtually during a proclaimed state of emergency if state or local officials have imposed or recommended measures to promote social distancing; and
WHEREAS, the City Council finds that the Governor issued a proclamation declaring a state of emergency on March 4, 2020 due to the COVID-19 pandemic, pursuant to section 8625 of the California Emergency Services Act; and WHEREAS, the City Council has reconsidered the circumstances of the state of emergency and finds that state or local officials continue to recommend measures to promote social distancing; and
WHEREAS, the City Council desires that the City of Pleasant Hill, including all its commissions, committees, and other Brown Act bodies, shall have the option of holding public meetings in-person with social distancing, via hybrid teleconferencing, or via fully teleconferencing, pursuant to AB 361 and Government Code section 54953(e).

NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Pleasant Hill;
Section 1. The recitals set forth above are true and correct and are incorporated into this Resolution by this reference.

Section 2. This Resolution rescinds and replaces Resolution 19-22.

Section 3. The City Council and all other City commissions, committees, or other Brown Act Bodies shall be authorized to meet in person with social distancing, via hybrid teleconferencing or via fully teleconferencing the meeting. A hybrid approach is one in which some persons are permitted to attend in-person, as space permits, and others are permitted to attend virtually. The legislative body shall indicate which type of meeting it is holding by noting at the top of each agenda whether an in-person location is being

8.4.a
Packet Pg. 102 Attachment: Resolution No. 33-22 (Teleconferenced, Hybrid or In-person Meetings 11/12/22-12/12/22) made available and if it is, approximately how many members of the public may be accommodated.

Section 4. The City Council shall take action to renew this Resolution every thirty days for as long as any state or local officials continue to recommend measures to promote social distancing, but the City Council may terminate the Resolution at any time.

In the event that more than thirty days pass in between regular City Council meetings for any reason, the City Council shall take action to renew this Resolution prior to taking any action or engaging in any deliberation or discussion at the beginning of the next regular meeting or a special meeting called for such purposes.

Section 5. The City Council hereby finds and determines that this action is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Sections 15060(c)(2) and 15060(c)(3), because it will not result in a direct or reasonably foreseeable indirect physical change in the environment and is not a “project” pursuant to Section 15378(b)(5) of the CEQA Guidelines.

Section 6. If any provision of this Resolution or the application of any such provision to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Resolution that can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are severable.

The City Council declares that it would have adopted this Resolution regardless of the invalidity of any particular portion of this Resolution.

Section 7. This Resolution shall take effect immediately upon its passage.

ADOPTED by the City Council of the City of Pleasant Hill at a regular meeting of the City Council held on the 2nd day of May, 2022, by the following vote:

AYES: Carlson, Flaherty, Noack, Rinn, Harris
NOES: None
ABSENT: None
ABSTAIN: None
MICHAEL G. HARRIS, OD, Mayor
ATTEST:

DANIELLE K. HABR, City Clerk

8.4.a
Packet Pg. 103 Attachment: Resolution No. 33-22 (Teleconferenced, Hybrid or In-person Meetings 11/12/22-12/12/22) Recommendations for safely holding public meetings
Each local government agency is authorized to determine whether to hold public meetings in person, on-line (teleconferencing only), or via a combination of methods. The following are recommendations from the Contra Costa County Health Officer to minimize the risk of COVID-19 transmission during a public meeting.

1. Online meetings (i.e. teleconferencing meetings) are encouraged, where practical, as these meetings present the lowest risk of transmission of SARS CoV-2, the virus that causes COVID 19. This is particularly important when community prevalence rates are high. Our current trends as of October 4, 2022 in Covid-19 case rate, test positivity, Covid-19 hospitalizations, and COVID-19 wastewater surveillance are decreasing, but community transmission, as noted in CDC community transmission map, remains high. In addition to this, the predominant variant of COVID-19 being identified continues to be the Omicron variant and it’s subvariants the impact of which on the spread of COVID-19 has shown to dramatically increase COVID-19 transmission.

2. If a local agency determines to hold in-person meetings, offering the public the opportunity to attend via a call-in option or an internet-based service option is recommended, when possible, to give those at higher risk of and/or higher concern about COVID-19 an alternative to participating in person.

3. A written safety protocol should be developed and followed. It is recommended that the protocol require social distancing, where feasible – i.e. six feet of separation between attendees; and consider requiring or strongly encouraging face masking of all attendees and encouraging attendees to be up-to-date on their COVID-19 vaccine.

4. Seating arrangements should allow for staff and members of the public to easily maintain at least six-foot distance from one another at all practicable times.

5. Consider holding public meetings outdoors. Increasing scientific consensus is that outdoor airflow reduces the risk of COVID-19 transmission compared to indoor spaces. Hosting events outdoors also may make it easier to space staff and members of the public at least 6 feet apart. If unable to host outdoors, consider ways to increase ventilation and flow of the indoor space to reduce the risk of COVID-19 while indoors.

6. Current evidence is unclear as to the added benefit of temperature checks in addition to symptom checks. We encourage focus on symptom checks as they may screen out individuals with other Covid-19 symptoms besides fever and help reinforce the message to not go out in public if you are not feeling well.

7. Consider a voluntary attendance sheet with names and contact information to assist in contact tracing of any cases linked to a public meeting.

Revised 10-4-2022
Sefanit Mekuria, MD, MPH
Deputy Health Officer, Contra Costa County

8.4.b
Packet Pg. 104 Attachment: Recommendations for Safely Holding Public Meetings (October 4, 2022) (Teleconferenced, Hybrid or In-person Meetings 11/12/22-

CITY COUNCIL STAFF REPORT
Meeting Date: November 07, 2022
TO: THE HONORABLE MAYOR AND CITY COUNCILMEMBERS
SUBJECT: ADOPT RESOLUTION NO. ___- 22 AUTHORIZING THE
APPROPRIATION OF $75,000 FROM FUND 20 CAPITAL

PROJECT/BUILDING FUND FOR THE CONSTRUCTION OF THE

COMMUNITY ROOMS IMPROVEMENT PROJECT

SYNOPSIS
The Community Rooms Improvement Project provides for the removal and replacement of existing carpet, baseboards in the small and large Community Rooms. The project scope also calls for the replacement of existing furniture and window treatments, as well as the painting of all interior walls and ceilings in the Community Rooms and a small conference room on the second floor of the City Hall Building.

The purpose of this item is for the City Council to authorize an appropriation of $75,000 from Fund 20 for the construction of the Project.

DISCUSSION
Background
On June 18, 2020, the City entered into a temporary lease agreement with Contra Costa County, leasing the small Community Room, the large Community Room, the hallway and the restrooms, for use as a “Temporary Library”, while the City’s new public library was under construction. The new public Library opened on July 30, 2022 and Contra Costa County has since transitioned to the new location.

Staff anticipates re-opening the Community Rooms in January 2023, and the area will benefit from new paint, carpet, furniture and window treatments. Per the terms of the lease agreement with Contra Costa County, the City is responsible for improvements to restore the rooms to their prior condition. This will be done as a Capital Improvement Project (Community Rooms Improvement Project).

The Project provides for the removal and replacement of existing carpet and window treatments, and the painting of the interior walls and ceilings of the former Temporary Library. In addition, the work includes the replacement of the existing conference tables and equipment and professional cleaning after the project work is complete.

8.5 Packet Pg. 105
To obtain economy of scale pricing, the painting of all interior walls and ceilings, as well as the replacement of existing furniture and window treatments in a small conference room on the second floor of the City Hall Building is also included in the project’s scope of work.

The City hired the design firm, Cole Interiors, to assist in the selection process for the window treatments, furniture, paint and replacement carpet. Due to the lower costs for installation and future maintenance, the decision was made to install carpet tiles in the Community Rooms as opposed to rolled carpet.

Analysis
The City has completed previous improvement projects, including the Police Department First Floor Improvement Project and the City Hall First Floor Carpet Replacement Project. Based on these project costs, staff anticipates a do not exceed cost of $75,000 to complete the Community Rooms Improvement Project and requests the project be funded from the Capital Project/Building Fund (Fund 20). Staff has confirmed with the Finance Department that there are sufficient funds in Fund 20 to complete the project work.

The Budget Committee reviewed staff’s request for an appropriation of $75,000 from Fund 20 to complete the project and recommends the City Council adopt the proposed resolution.

FISCAL IMPACT
The project costs are to be funded using Fund 20, Building Capital Fund.

PUBLIC CONTACT
Public contact was made through posting of the City Council agenda on the City’s official notice bulletin board, at the Pleasant Hill Senior Center and at the Pleasant Hill Police Department. The agenda and staff report are posted on the City’s web page.

RECOMMENDED CITY COUNCIL ACTION
Adopt Resolution.

ALTERNATIVES TO RECOMMENDED ACTION
None Recommended.

ATTACHMENT(S):

Proposed Resolution
Prepared by: Ann James, Maintenance Superintendent

8.5 Packet Pg. 106
Approved by: June Catalano, City Manager

8.5 Packet Pg. 107
RESOLUTION NO. -22

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLEASANT HILL AUTHORIZING THE APPROPRIATION OF $75,000 FROM FUND 20 CAPITAL

PROJECT/BUILDING FUND FOR THE CONSTRUCTION OF THE COMMUNITY ROOMS

IMPROVEMENT PROJECT
WHEREAS, the City Hall Building, including the Community Rooms, were originally constructed in 1991 and there have been no significant improvements to the interior of the rooms to date; and
WHEREAS, in June 2020, the City entered into a temporary lease agreement with Contra Costa County, leasing the small Community Room, the large Community Room, the hallway and the restrooms, for use as Temporary Library while the City’s new library was under construction; and
WHEREAS, the new City Library was completed in July 2022 and Contra Costa County has transitioned to the new building; and
WHEREAS, the Community Rooms will benefit from new paint, carpeting, window treatments, furniture and equipment prior to re-opening; and WHEREAS, additional project works includes new paint, window treatments, furniture and equipment for a small conference room on the second floor of the City Hall Building.

NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Pleasant Hill that an appropriation of $75,000 from Fund 20 Capital Project/Building Fund is authorized for the construction of the Community Rooms Improvement Project.

ADOPTED by the City Council of the City of Pleasant Hill at a regular meeting held on the 7
th day of November, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________________
MICHAEL G. HARRIS, OG, Mayor
ATTEST:

DANIELLE K. NAVARRO, City Clerk

8.5.a
Packet Pg. 108 Attachment: Proposed Resolution (Community Rooms Improvement Project)

CITY COUNCIL STAFF REPORT
Meeting Date: November 07, 2022
TO: THE HONORABLE MAYOR AND CITY COUNCILMEMBERS
SUBJECT: ADOPT RESOLUTION NO. ___-22 AUTHORIZING THE CITY

MANAGER TO EXECUTE A FIRST AMENDMENT TO A DESIGN
PROFESSIONAL SERVICES AGREEMENT WITH ALTA PLANNING +
DESIGN, INC. FOR THE BICYCLE AND PEDESTRIAN MASTER PLAN PROJECT NO. 03-20

SYNOPSIS
The purpose of this item is to consider adopting a resolution authorizing the City Manager to Execute a First Amendment to the Design Professional Services Agreement with Alta Planning + Design, Inc. (Alta) to update and finalize the Bicycle and Pedestrian Master Plan, Project No. 03-

20. Alta will perform planning and design services to address comments received on the General Plan’s Circulation Element and to include recent collision data, census data, demographic information, narratives, and graphics.

DISCUSSION
Background
The City executed a Design Professional Services Agreement with Alta in February 2020 (Exhibit A) to prepare a Bicycle and Pedestrian Master Plan. The Master Plan provides a policy framework for planning, conceptual design, project prioritization, implementation, and funding strategies. In April 2020, Alta conducted public outreach to stakeholders to receive public comments and input. The Bicycle and Pedestrian Master Plan was previously reviewed by the Traffic Safety Commission in September 2020 for consistency with the vision statement, technical accuracy, and implementation of the bicycle and pedestrian facilities within the City.

Since that time, the City’s General Plan Update has continued to progress, including the review and modification of the plan’s Circulation Element. Given those changes, staff seeks to refresh the technical data and align the language of the Bicycle and Pedestrian Master Plan document with that found in the General Plan Circulation Element.

Analysis
Bicycle and Pedestrian Master Plan Update. As a policy document, the Master Plan requires 1) further updates of technical data, 2) revisions to reflect modifications made to the City’s General

8.6 Packet Pg. 109
Plan Circulation Element, and 3) consistency between the two documents. Alta will perform the planning and design services tasks shown in Exhibit B to include recent collision data, census data, demographic information, narratives, and graphics.

CEQA Exemption. The Senate Bill 922 (SB 922) was signed into law recently by the governor.

The new law allows the City to exempt the Bicycle and Pedestrian Master Plan from further environmental review otherwise required by the California Environmental Quality Act (CEQA).

SB 922 will become effective January 1, 2023, meaning the City may adopt the Master Plan in early 2023 without delay attributable to environmental review. On a related note, the City’s General Plan Update is progressing, however, staff does not have an anticipated adoption date given the timelines associated with CEQA review and compliance, among other factors.

FISCAL IMPACT
The Alta proposal is for a not-to-exceed amount of $18,000 on a time and material basis. The proposal is complete and acceptable and it is reasonable to include a contingency of 20% ($3,600), thereby increasing the total project budget by $21,600. The original Agreement with Alta was in the amount of $57,200. The First Amendment to the original Agreement will increase the contract total amount to $78,800. There is sufficient funds for the project budget in the Traffic Calming Program (IP-1) that was approved by City Council in July 2022 as shown in Exhibit D to support this expenditure.

PUBLIC CONTACT
Public contact was made through posting of the City Council agenda on the City’s official notice bulletin board, at the Pleasant Hill Senior Center and at the Pleasant Hill Police Department. The agenda and staff report are posted on the City’s web page.

RECOMMENDED CITY COUNCIL ACTION
Staff recommends adopting the proposed resolution and authorizing the Amendment.

ALTERNATIVES TO RECOMMENDED ACTION
Do not adopt the proposed resolution to authorize the Amendment and provide further direction to staff.

ATTACHMENT(S):

Exhibit A. Agreement with Alta dated February 13, 2020
Exhibit B. Alta Proposal
Exhibit C. First Amendment to Agreement
Exhibit D. CIP Pedestrian & Bicycle Program (MK-3) Budget Proposed Resolution

8.6 Packet Pg. 110
Prepared by: Philip Ho, Senior Civil Engineer
Reviewed by: Ananthan Kanagasundaram, City Engineer
Approved by: June Catalano, City Manager

8.6 Packet Pg. 111

8.6.a
Packet Pg. 112 Attachment: Exhibit A. Agreement with Alta 2020.02.13 (First Amendment to Alta Agreement)

8.6.a
Packet Pg. 113 Attachment: Exhibit A. Agreement with Alta 2020.02.13 (First Amendment to Alta Agreement)

8.6.a
Packet Pg. 114 Attachment: Exhibit A. Agreement with Alta 2020.02.13 (First Amendment to Alta Agreement)

8.6.a
Packet Pg. 115 Attachment: Exhibit A. Agreement with Alta 2020.02.13 (First Amendment to Alta Agreement)

8.6.a
Packet Pg. 116 Attachment: Exhibit A. Agreement with Alta 2020.02.13 (First Amendment to Alta Agreement)

8.6.a
Packet Pg. 117 Attachment: Exhibit A. Agreement with Alta 2020.02.13 (First Amendment to Alta Agreement)

8.6.a
Packet Pg. 118 Attachment: Exhibit A. Agreement with Alta 2020.02.13 (First Amendment to Alta Agreement)

8.6.a
Packet Pg. 119 Attachment: Exhibit A. Agreement with Alta 2020.02.13 (First Amendment to Alta Agreement)

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Packet Pg. 120 Attachment: Exhibit A. Agreement with Alta 2020.02.13 (First Amendment to Alta Agreement)

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Packet Pg. 121 Attachment: Exhibit A. Agreement with Alta 2020.02.13 (First Amendment to Alta Agreement)

8.6.a
Packet Pg. 122 Attachment: Exhibit A. Agreement with Alta 2020.02.13 (First Amendment to Alta Agreement)

MEMORANDUM
304 12th Street, Suite 2A
Oakland, CA 94607
(510) 540-5008
www.altaplanning.com
Alta Planning + Design | 1
To: Philip Ho, City of Pleasant Hill
From: Brett Hondorp
Date: 10/05/22
Re: Additional Scope and Fee – Final Adoption Support for Pleasant Hill Bicycle and Pedestrian Plan This provides a scope and fee estimate for final adoption support for the Pleasant Hill Bicycle and Pedestrian Plan.

Work Tasks
Document Revisions and Formatting
Alta will update the current Sept 13 2022 version of the master plan to reflect City staff comments. This includes:
• Update all maps to reflect new base map and title block • Linework changes
• Update graphics as noted in city comments
• Update text as noted in city comment provided 10-4-22 and discussed with staff 10-5-22 • Update key data including Collisions, Census, and other demographic information needed with most available data • Format and copy edit document in MS Word
• Create new document cover
Prepare Presentation Summarizing Plan
Alta will prepare a Powerpoint presentation providing a summary overview of the plan process, and of the key recommendations of the Final Draft Plan. This same presentation will be used for both TSC, PC, and Council. As the plan has been on pause for approximately 2 years since it was last presented in public at the Traffic Safety Commission (Sept 2020), Alta will include key points about the public input process that occurred in 2020. This is to ensure that the public understands that document has already underdone multiple rounds of review by Traffic Safety Commission as well as a full public review.

Commission and Council Meeting Attendance
An Alta representative will attend the Traffic Safety Committee on 9/27/22 (virtual) to present and answer questions.

An Alta representative will attend Planning Commission (virtual, date TBD) to present and answer questions.

An Alta representative will attend City Council on (virtual, date TBD) to present and answer questions.

8.6.b
Packet Pg. 123 Attachment: Exhibit B. Consultant Proposal (First Amendment to Alta Agreement) 2 | Alta Planning + Design
Fee
Alta will complete this scope on a Time and Materials basis for a not-to-exceed fee of $18,000. We will bill staff time at standard rates shown on the attached Rate Schedule.

Schedule
We understand time is of the essence and will seek to complete document and map revisions by October 31, 2022. Our ability to meet this schedule assumes all city map comments are provided no later than October 7, 2022, text and figure comments are delivered no later than October 14, 2022, and that we have Notice to Proceed by October 10, 2022..

8.6.b
Packet Pg. 124 Attachment: Exhibit B. Consultant Proposal (First Amendment to Alta Agreement) Alta Planning + Design, Inc.

Billing Rates ‐ 2022
Labor Category Rate Typical Classifications Included in Rate Labor Category 1a
Labor Category 1b
Labor Category 1c
Labor Category 2
Labor Category 3
Labor Category 4
Labor Category 5
Labor Category 6
Labor Category 7
Labor Category 8
Labor Category 9
Labor Category 10
$366 Senior Principal
$309 Principal
$288 Principal
$254 Principal
$247 Principal, Senior Associate
$232 Principal, Senior Associate
$222 Principal, Senior Associate
$214 Principal, Senior Associate
$209 Principal, Senior Associate
$201 Senior Associate, Associate
$191 Senior Associate, Associate
$185 Senior Associate, Associate
Labor Category 11
Labor Category 12
Labor Category 13
Labor Category 14
Labor Category 15
Labor Category 16
Labor Category 17
$180 Associate, Senior
$166 Associate, Senior
$156 Associate, Senior
$142 Senior, Level I
$132 Senior, Level I
$119 Level I, Level II
$106 Level I, Level II
Labor Category 18
Labor Category 19
$101 Administration
$82 Intern
Rates are presented in US Dollars (US$) and are subject to change at any time.

Subconsultants and reimbursable expenses will be charged at cost + 10% markup.

Mileage will be charged at the provisional standard rate.

In‐house reproductions will be charged as follows:

Color copies $0.65/ page
Black and white copies $0.20/page
24” x 36” large format plot $17.50/sheet
36” x 48” large format plot $32.50/sheet

8.6.b
Packet Pg. 125 Attachment: Exhibit B. Consultant Proposal (First Amendment to Alta Agreement)

EXHIBIT C

FIRST AMENDMENT TO AGREEMENT FOR DESIGN PROFESSIONAL SERVICES WITH ALTA PLANNING + DESIGN, INC. FOR
BICYCLE AND PEDESTRIAN MASTER PLAN, PROJECT NO. 03-20
This First Amendment to the Agreement for Design Professional Services for the Bicycle and Pedestrian Master Plan Project No. 03-20 is entered into as of ___________, 2022 between the City of Pleasant Hill (“City”) and Alta Planning + Design, Inc. (“Consultant”).

RECITALS
A. Consultant is specially trained, experienced, and competent to perform the special services which will be required by this Agreement; and
B. Consultant possess the skill, experience, ability, background, certification, and knowledge to provide the services described in this Agreement on the terms and conditions described herein.

AGREEMENT

1. Scope of Services. The scope of services is amended to add the following additional services to the Agreement dated February 13, 2020:

Consultant shall perform the Work Tasks described on the Consultant proposal set forth in Exhibit B, which is incorporated herein by reference. Consultant shall provide said services at the time, place, and in the manner specified in Exhibit B, subject to the direction of the City through its staff that it may provide from time to time.

2. Time of Performance. The services of the Consultant are to commence upon execution of this Agreement and shall continue until all authorized work is approved by the City. All such work shall be completed no later than June 30, 2023.

3. Budget. The project budget is amended to add an additional amount of $21,600 over the original amount of $57,200 per the Agreement dated February 13, 2020:

Additional funds are authorized for $21,600 for the additional services in accordance with the Consultant proposal set forth in Exhibit B, which is incorporated herein by reference. Funds are available for the project budget in the FY 2022-23 Traffic Calming Improvement Program (IP-1), Account No. 12-5310 (531) that was approved by City Council in July 2022 as shown in Exhibit D to support this expenditure.

4. All other provisions of the Agreement shall remain in full force and effect. [Signatures on Following Page]

8.6.c
Packet Pg. 126 Attachment: Exhibit C. First Amendment to Agreement_Alta (First Amendment to Alta Agreement) IN WITNESS WHEREOF, the parties have executed this First Amendment as of the date first written above.

CITY OF PLEASANT HILL: Alta Planning + Design, Inc.:

By:

JUNE CATALANO, City Manager
Title:

Business License No.:

ATTEST:

DANIELLE K. NAVARRO, City Clerk
APPROVED AS TO FORM:

JANET E. COLESON, City Attorney
ATTACHMENTS:

Exhibit A. Agreement dated February 13, 2022
Exhibit B. Consultant Proposal
Exhibit D. CIP Traffic Calming Program (IP-1)
Chief Executive Officer
38650

8.6.c
Packet Pg. 127 Attachment: Exhibit C. First Amendment to Agreement_Alta (First Amendment to Alta Agreement) CITY OF PLEASANT HILL CAPITAL IMPROVEMENT PLAN FY 2022/2027 PROJECT: TRAFFIC CALMING IMPROVEMENT PROGRAMPROJECT PROPOSED BY: Engineering Division PROJECT MANAGER: Engineering Division PROJECT CLASSIFICATION: Citywide Improvement Programs PROJECT LOCATION: CitywidePROJECT BEGIN: July 2022 PROJECT COMPLETE: June 2027 Account 12 - 5310 (531) PROJECT STATUS NEW X CONTINUING PROJECT SCOPE OF SERVICES FY 2022-23 FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 TOTALS (1190) Design IS A CONCEPTUAL (0100) Eng Staff $4,000 $2,000 $2,000 $2,000 $2,000 $12,000(4225) Project Admin. PLAN AVAILABLE YES X NO(1390) Construction $96,000 $98,000 $98,000 $98,000 $98,000 $488,000(1145) C. Management LEAD AGENCY X CITY OTHERTOTAL $100,000 $100,000 $100,000 $100,000 $100,000 $500,000

PROJECT TRAFFIC
FUNDING SOURCE FY 2022-23 FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 TOTALS SAFETY PRIORITY CRITICAL N/A x CASE BY (12) Gas Tax $85,000 $100,000 $100,000 $100,000 $100,000 $485,000 CASE BASIS Other* $15,000 IS RIGHT OF WAY

REQUIRED YES NO X NOT

EXPECTED
TOTAL $100,000 $100,000 $100,000 $100,000 $100,000 $500,000 MAINTENANCE MAINTENANCE IMPACT FY 2022-23 FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 TOTALS COST IMPACT x INCREASE N/A DECREASE New traffic calming devices will result in the increase of on-going maintenance costs.

PROJECT BENEFIT: To address speeding concerns as determined by the Traffic Safety Commission and City Council. * FY 2022-23 will include additional $15k re-budgeted from unspent budget in FY 2021-22. PROJECT PROJECT DESCRIPTION:This program will install traffic calming devices as recommended by the Traffic Safety Commission and City Council in compliance with the Traffic Calming Program.Traffic calming devices are used to slow vehicle speeds, discourage bypass vehicle traffic on residential streets, and enhance pedestrian, bicycle and vehicle safety. Traffic calming devices installed in past years have generally been radar speed signs along arterial and collector roadways (e.g. Patterson Boulevard, Taylor Boulevard, Pleasant Hill Road, Gregory Lane, Oak Park Boulevard, and Viking Drive).

Other types of traffic calming devices include, but are not limited to: raised intersections, traffic circles, roundabouts, chicanes, concrete bulb-out, traffic diverters, and pavement striping.

IP-1

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Packet Pg. 128
Attachment: Exhibit D. CIP Traffic Calming Program (IP-1) (First Amendment to Alta Agreement) RESOLUTION NO. -22

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLEASANT HILL

AUTHORIZING THE CITY MANAGER TO EXECUTE A FIRST AMENDMENT TO A PROFESSIONAL SERVICES AGREEMENT WITH ALTA PLANNING + DESIGN, INC.

FOR THE BICYCLE AND PEDESTRIAN MASTER PLAN PROJECT NO. 03-20 WHEREAS, the City and Consultant entered into an Agreement for Design Professional Services with Alta Planning + Design, Inc. on February 13, 2020; and WHEREAS, in April 2020, the Consultant conducted public outreach to stakeholders to receive public comments and input, and subsequently prepared a Bicycle and Pedestrian Master Plan Draft Report; and
WHEREAS, since that time, the City’s General Plan Update has continued to progress, including the review and modifications of the plan’s Circulation Element; given these changes, staff seeks to refresh the technical data and align the language of the Bicycle and Pedestrian Master Plan document with that found in the City’s General Plan Circulation Element; and WHEREAS, the Master Plan requires further updates, including technical data, and document edits to reflect the modifications made to the City’s General Plan Circulation Element and to ensure consistency between the two documents; and WHEREAS, Senate Bill 922 allows the City to exempt the Bicycle and Pedestrian Master Plan from further environmental review otherwise required by the California Environmental Quality Act (CEQA); SB 922 becomes effective January 1, 2023, meaning the City may adopt the Master Plan in early 2023 without delay attributable to environmental review; while the City’s General Plan Update is moving forward, the General Plan is not anticipated to be adopted in early 2023 given the timelines associated with CEQA review and compliance, among other factors; and WHEREAS, City staff is prepared to move forward with the Bicycle and Pedestrian Master Plan; staff desires the Consultant to perform additional tasks to update and finalize the Bicycle and Pedestrian Master Plan; and
WHEREAS, the Consultant will provide planning and design services to include recent collision data, census data, demographic information, narratives, and graphics; and WHEREAS, Alta Planning + Design, Inc. has submitted a proposal that is complete and acceptable to the City; and
WHEREAS, the Consultant’s proposal is for an amount not-to-exceed $18,000 on a time and material basis as shown in Exhibit C; it is reasonable to include a 20% contingency or $3,600, thereby increasing the total project budget by $21,600; this will increase the total contract amount from $57,200 to $78,800 as described in the First Amendment; and

8.6.e
Packet Pg. 129 Attachment: Proposed Resolution (First Amendment to Alta Agreement) WHEREAS, funds are available for the project budget in the FY 2022-23 Traffic Calming Program (IP-1), Account No. 12-5310 (531) that was approved by City Council in July 2022 as shown in Exhibit D to support this expenditure.

NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Pleasant Hill that: 1) the City Council has determined that the Bicycle and Pedestrian Master Plan is exempt from environmental review under the California Environmental Quality Act (CEQA) pursuant to Senate Bill 922 effective January 1, 2023 provided that the Master Plan is scheduled to be adopted in 2023, and 2) the City Council adopts this Resolution authorizing the City Manager to execute the First Amendment to a Professional Services Agreement with Alta Planning + Design, Inc. for $18,000 and include a 20% contingency for $3,600 for an amount not to exceed $78,800.

ADOPTED by the City Council of the City of Pleasant Hill at a regular meeting of the City Council held on the 7
th day of November 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________________
MICHAEL G. HARRIS, OD, Mayor
ATTEST:

DANIELLE K. NAVARRO, City Clerk

8.6.e
Packet Pg. 130 Attachment: Proposed Resolution (First Amendment to Alta Agreement)

CITY COUNCIL STAFF REPORT
Meeting Date: November 07, 2022
TO: THE HONORABLE MAYOR AND CITY COUNCILMEMBERS
SUBJECT: PUBLIC HEARING AND ADOPT RESOLUTION NO. ___-22 TO DENY

AN APPEAL AND UPHOLD THE DECISION OF THE PLANNING

COMMISSION TO DENY A REASONABLE ACCOMMODATION
REQUEST (PLN 21-0497) FOR AN ACCESSORY STRUCTURE WITHIN

SETBACK AREA AND A FENCE/GATE EXCEEDING ALLOWABLE
HEIGHTS AT 406 KAHRS AVENUE

SYNOPSIS
This is a public hearing to consider an appeal, submitted by Mariam Azamey, of the Planning Commission’s (PC) decision to deny a Reasonable Accommodation request for an existing, nonpermitted and nonconforming accessory structure (carport and attached physical therapy room) built within the required front and side yard setback and a proposed fence/motorized gate that exceeds the allowable height limit within a front yard setback. The appellant is requesting the City Council grant the appeal, overturn the decision of the Planning Commission, and approve the Reasonable Accommodation request to allow the existing accessory structure to remain, subject to the issuance of a building permit, and the proposed fence/motorized gate to be constructed.

DISCUSSION
Project Description
The applicant submitted a Reasonable Accommodation (PLN 21-0497) application to allow an existing, unpermitted, nonconforming accessory structure (carport and attached physical therapy room) to remain and construct a proposed fence/gate to be utilized by a resident with a disability.

The request includes the following:
 A reduction in front and side yard setbacks. The existing structure is located two feet from the front property line where a minimum of 20 feet is required, and three feet from the side property line where a minimum of five feet is required.
 A six-foot fence/gate in the required front yard across the vehicular access to the property, where a maximum height of three feet is allowed.

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Background
In March 2021, the City received complaints regarding a structure (batting cage) under construction at the site. A Code Enforcement (“CE”) investigation found that a building permit had not been issued for the batting cage (follow-up continues by the City; the batting cage issue is not part of this appeal). Subsequently, in September 2021, CE was notified of another structure under construction at the site that included electrical work and had nonconforming setbacks (front and side). Dialogue between the City and the applicant has been ongoing regarding these complaints.

On October 21, 2021, the appellant submitted a Reasonable Accommodation application to legalize and allow the non-permitted and nonconforming accessory structure to remain in its current location. The Planning Commission reviewed the request at its March 8, 2022 meeting and denied the request. The applicant filed a timely appeal of the Planning Commission decision. The item was originally scheduled to be heard at the June 6, 2022 City Council meeting, but was continued to the August 1, 2022 meeting without any discussion and then subsequently at the request of the applicant/appellant, continued to the September 12, 2022, October 3, 2022 and November 7, 2022 meetings without any discussion.

Prior to the November 7, 2022 City Council meeting, Staff held a teleconference meeting with the applicant and subsequently completed a site visit at the property with the applicant and their surveyor to review and examine alternative locations for siting the non-permitted and nonconforming accessory structure. Various measurements were taken, including distances between the existing house and property lines. Given that the on-site meeting occurred the day prior to the distribution of the City Council agenda packet, staff will provide a summary of the visit as part of the presentation at the City Council meeting.

Analysis
A. General Information

1. Project Location
The project site is located on the west side of Kahrs Avenue and behind the single-family residential lots at 400 and 410 Kahrs Avenue; a private easement provides access to the subject property.

2. General Plan and Zoning Designation
The General Plan designates the site as Single Family Medium Density and the zoning designation is R10 Single Family Residential.

3. Site Description and Existing Land Use
The 16,552-square-foot project site consists of one legal parcel with two assessor parcel numbers assigned for tax purposes (8,276 square feet each). The site is currently developed with a 1,553-square-foot home, a 390-square-foot garage, and an approximate 300-square- foot batting cage structure (built without permits and subject to code enforcement action). The existing 99-square-foot physical therapy room is attached to an existing 289-square-foot carport; with both built without permits.

Access to the site is available from Kahrs Avenue via a private easement (slightly sloping up to the property) between 400 and 410 Kahrs Avenue. The Assessor’s Parcel Numbers are 149-032-037-9 and 149-032-038-7.

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B. Discussion

1. Purpose
In accordance with PHMC Section 18.112.010 of the Zoning Ordinance, the City provides individuals with disabilities reasonable accommodation in the application of development regulations and procedures to ensure equal access to housing, and to facilitate the development of housing. Section 18.11.010 provides a procedure under which a disabled person(s) may request a reasonable accommodation in the application of zoning requirements.

Chapter 18.112 of the Zoning Ordinance is based on requirements of Federal and State fair housing laws, and further implements the Housing Element of the City’s General Plan. It is distinct from the requirements for: (1) a variance set forth in Government Code Section 65906 and PHMC Chapter 18.110, Variances or, (2) a minor exception cited in PHMC Chapter 18.111, Minor Exceptions.

2. Reasonable Accommodation Guidelines
When reviewing any Reasonable Accommodation request, the reviewing body is required to ensure that the project also addresses the Reasonable Accommodation Implementation Guidelines. The guidelines and a staff analysis is provided in Attachment F.

3. Reasonable Accommodation Findings
In order to approve a Zoning Permit for a Reasonable Accommodation request, findings have to be made for the project. A summary and discussion of the required findings can be found later in the staff report.

C. Other Requirements
PHMC Section 18.112.060 of the Zoning Ordinance contains other requirements applicable to the proposal if approval is granted for the reasonable accommodation request. The reviewing authority may condition its approval, as set forth in PHMC Section 18.112.060.B.3 of the Zoning Ordinance on any or all of the following:
a. Inspection of the property periodically, as specified, to verify compliance with this section and any conditions of approval.
b. Removal of the improvements, where removal would not constitute an unreasonable financial burden, when the need for which the accommodation was granted no longer exists. c. Time limits and/or expiration of the approval if the need for which the accommodation was granted no longer exists;
d. Recordation of a deed restriction requiring removal of the accommodating feature once the need for it no longer exists;
e. Measures to reduce the impact on surrounding uses;
f. Measures in consideration of the physical attributes of the property and structures; g. Other reasonable accommodations that may provide an equivalent level of benefit and/or that will not result in an encroachment into required setbacks, exceedance of maximum height, lot coverage or floor area ratio requirements specified for the zone districts; and

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h. Other conditions necessary to protect the public health, safety and welfare.

D. Compatibility
The existing, nonconforming carport and therapy room are located within two and three feet, respectively, of adjacent shared rear property lines at 410, 416, and 418 Kahrs Avenue.

Though the existing, unpermitted, nonconforming carport and therapy room have similar architecture to the existing structures on the same property, they are highly visible to the adjacent neighbors and could have a detrimental impact to surrounding property owners because of their proximity to property lines and the higher elevation (approximately two feet) of the subject parcel in relation to surrounding properties.

The proposed motorized fence/gate would be located on the front property of the project site, crossing the vehicular access to the site. Historically, the City does not support either gated entries or gated entries that are over three feet tall. Thus, generally allowing a six-foot-tall, motorized fence/ motorized gate would not be consistent with other single-family properties or past practice.

E. Compliance with Zoning Ordinance
As proposed, the existing, unpermitted, nonconforming carport and physical therapy room, and six-foot fence/gate, do not comply with the Zoning Ordinance. See the table below:

Development
Regulations: R-10
Ordinance
Standard
406 Kahrs Ave Complies?
Min. Site Area per Dwelling
Unit
10,000sf 16,552sf (both parcels
(8,276sf each)
yes
Minimum Lot Area 10,000sf 16,552sf yes
Minimum Lot Width 80’ 170’ yes
Minimum Lot Depth 90’ 98.5’ yes
Minimum Yards
Front 20’ 16’ garage
30’ house
no
Rear 15’ 33’ yes
Side 5’ 3’ no
Aggregate Side 15’ 15’ yes
Maximum Building Height 35’ 16’ yes
Maximum Number of Stories 2.5 1 yes
Maximum Lot coverage 30% 15% yes
Maximum Floor Area Ratio 0.40 0.09 yes
Garage Dimensions (interior) 20’ wide x 22’ deep 18’ wide x 21 deep (approx.)
Existing
nonconforming
Garage Setback 20’ 16’ Existing
nonconforming
Accessory Structure(s)*
Total Floor Area per
Structure
500sf 99sf physical therapy room
(inside 289sf carport)
yes
Cumulative Floor Area** 600sf 289sf yes
Height 14’ (peak) 12’ yes

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Rear Setback 3-5’ range - dependent
on height of structure

N/A N/A
Side Setback *** 3-5’ range - dependent
on height of structure
3’ no
* Accessory structures are not permitted in the front yard setback. ** Does not include non-permitted batting cage
*** See explanation below
PHMC Section 18.20.050.A.3 provides standards for accessory structure setbacks within the R10 zoning district. As it pertains to the requested Reasonable Accommodation, the required rear and side yard setbacks are both five feet; the proposed side yard setback is three feet.

Additionally, pursuant to PHMC Section 18.20.040.I, the maximum height of any fence or wall is three feet within the required front yard.

F. Findings Analysis
Pursuant to Section 18.112.060, the City must make each of the following findings to approve the Reasonable Accommodation request. Each finding is listed below followed by analysis:
a. The housing will be used by a disabled person;
Analysis: A disabled person resides at the property.
b. The requested accommodation is necessary to make specific housing available to a disabled person;
Analysis: (Accessory Structure) he request for the reasonable accommodation includes allowing a non-permitted, nonconforming structure (physical therapy room attached to a carport) to remain as is, with a front yard setback of two feet (minimum of 20 feet is required) and a side yard setback of three feet (minimum of five is required). The applicant states that the current location of the physical therapy room is more feasible than converting the existing 390- square-foot car garage, as it houses the appellant’s accessible van and is not insulated (see Applicant’s Analysis, Attachment D). The applicant notes that to construct the physical therapy room at any other location of the site would pose a hardship and be cost prohibitive.

The disabled person will use the unpermitted, existing physical therapy room for therapy.

The unpermitted accessory structure is necessary and related to the disability; however, Planning Commission and staff believes that there are other locations on the site where the structure/use could have been built to better accommodate the proposed use, comply with zoning regulations, and minimize detrimental impacts to adjacent properties, particularly if the smaller physical therapy room was built without the attached carport. These locations include: (1) within the existing house; (2) as an addition to the rear of the home (west); (3) to the south of the home where the required setbacks could be met, as the parcel is approximately 16,552 square feet (see Attachment F for additional discussion).

In conclusion, the Planning Commission observes that, had the applicant approached the City to discuss location prior to building the structure without permits, the accessory structure could have been sited both in compliance with zoning regulations and to the satisfaction of the applicant’s needs.

Fence: The project also includes a request to allow construction of a six-foot-tall fence/motorized gate on the front property line of the parcel at the easement. PHMC Section

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18.20.040 of the Zoning Ordinance provides that fences in the required front yard shall not be taller than three feet. The applicant’s basis for the request for a taller fence is for safety of the person with the disability.

In conclusion, the Planning Commission does not believe that granting this fence height request is necessary to make the housing available to a disabled person, as it does not appear that a six-foot tall fence is related to the disability. Further, a three-foot-tall fence, which is allowed per Code, would also provide safety and security for the appellant. In addition, the site is significantly recessed from the public street and accessed through an easement. Thus, these factors afford the subject site greater security than other properties in the vicinity that front upon the public street.
c. The requested accommodation would not impose an undue financial or administrative burden on the City.

Analysis: There would not be an undue financial or administrative burden imposed on the City as a result of approving the proposed reasonable accommodation. Inspections for the existing carport and attached physical therapy room, and the proposed fence would occur as part of the routine building and zoning permit processes. d. The requested accommodation would not require a fundamental alteration in the nature of a City program or law, including land use and zoning.

Analysis: (Accessory Structure) the unpermitted, existing physical therapy room and attached carport would result in a fundamental alteration to land use and zoning, as the structure would encroach upon the required front yard setback by 18 feet and the required side yard setback by two feet.

The resident at the property does have a disability (as determined by a medical professional), and the reasonable accommodation request is sought to allow, retroactively, an otherwise non-permitted structure built without prior City consultation or approval.

While a reasonable accommodation does allow flexibility and the waiving of certain development standards and requirements, the extent of the appellant’s request equates to a fundamental alteration of zoning provisions that does not appear justified when several reasonable alternative solutions are available to the appellant. In addition, the physical therapy room is significantly smaller than the attached carport, thus, siting the smaller physical therapy room by itself would provide additional options due to its smaller footprint.

Had the request come before the City in advance of construction of the non-permitted accessory structure, staff is confident other locations on the property could have been identified that satisfy both zoning regulations and the appellant’s needs.

Fence: The project also includes a request to allow construction of a six-foot-tall fence/ motorized gate on the front property line of the parcel at the easement. PHMC Section

18.20.040 of the Zoning Ordinance provides that fences in the required front yard shall not be taller than three feet
The Planning Commission believes that granting this fence request is not necessary to make the housing available to a disabled person, as it does not appear that a six-foot-tall fence is related to the disability. Further, a three-foot tall fence, which is allowed per Code, would also provide safety and security of the site. In addition, the site is significantly recessed from the public street and accessed through an easement; thus, these factors afford the

9.1 Packet Pg. 136
subject site greater security than other properties in the vicinity that front upon the public street.

G. Applicant/Appellant Appeal
The applicant filed a timely appeal after the decision by the Planning Commission. No additional information was provided by the appellant/applicant.

H. Conclusion
The existing, unpermitted, nonconforming accessory structure (carport and attached physical therapy room) associated with the Reasonable Accommodation request are located in the front yard setback, with an approximate distance of two feet from the front property of the site (which is the rear property line of 410 Kahrs Avenue). The existing, unpermitted, nonconforming accessory structure is approximately three feet from the shared property line with 416 Kahrs Avenue. In addition, the proposed fence/gate (six feet tall), is not allowed on the front yard property line; a three-foot tall fence/gate is permissible.

The Planning Commission does not support the request because there are other viable, alternative locations to accommodate the accessory structure that satisfy zoning regulations and the applicant’s needs, including separating the smaller physical therapy room from the attached larger carport, which will create additional location opportunities due to its smaller footprint. Further, it is not clear how the resident’s disability relates to the request for an increase in fence height to six feet within the front yard. The Planning Commission and Staff note that a three-foot-tall fence would both provide the same safety barrier and comply with zoning ordinance provisions.

CEQA
Pursuant to Sections 15303, and 15305, of the Guidelines for the Implementation of the California Environmental Quality Act of 1970, as amended, if the reasonable accommodation is approved, the proposed project is determined to be categorically exempt (Classes 3 – New Construction or Conversion of Small Structures, 5 – Minor Alterations in Land Use Limitations).

If the project is not approved, no CEQA determination is necessary.

FISCAL IMPACT
None.

PUBLIC CONTACT
Public contact was made through posting of the City Council agenda on the City’s official notice bulletin board, at the Pleasant Hill Senior Center and at the Pleasant Hill Police Department. A ten day public notice was also mailed to all property owners within 300 feet of the project site.

The agenda and staff report are posted on the City’s web page.

9.1 Packet Pg. 137

RECOMMENDED CITY COUNCIL ACTION
Adopt the Resolution to deny the appeal and uphold the Planning Commission’s decision, without prejudice.

ALTERNATIVES TO RECOMMENDED ACTION
 Continue the item to a later date with direction provided to Staff.  Approve the appeal, overturn the decision of the Planning Commission approving the Reasonable Accommodation request, and direct staff to bring a Resolution consistent with this direction at the subsequent City Council meeting date.

ATTACHMENT(S):

Attachment A Proposed Resolution
Attachment B Planning Commission Resolution No. 7-22
Attachment C Applicant Appeal
Attachment D Proposed Project Plans
Attachment E Applicant’s Reasonable Accommodation Analysis Attachment F Reasonable Accommodation Zoning Administrator Guidelines with Staff Analysis
Attachment G PHMC Section 18.112 Reasonable Accommodation Ordinance Attachment H Site Photos
Attachment I Setback Aerial Map
Attachment J Assessor’s Parcel Map
Attachment K Public Hearing Notice
Attachment L Location Map
Attachment M Public Comments
Prepared by: Troy Fujimoto, City Planner
Reviewed by: Ethan Bindernagel, Public Works and Community Development Director/ Assistant City Manager
Approved by: June Catalano, City Manager

9.1 Packet Pg. 138
RESOLUTION NO. __ - 22

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLEASANT HILL

UPHOLDING THE DECISION OF THE PLANNING COMMISSION DENYING WITHOUT

PREJUDICE A REASONABLE ACCOMMODATION REQUEST FOR AN ACCESSORY STRUCTURE WITH A FRONT YARD SETBACK OF TWO FEET WHERE 20 FEET IS

REQUIRED AND A SIDE YARD SETBACK OF THREE FEET WHERE FIVE FEET IS REQUIRED. ADDITIONALLY, DENYING WITHOUT PREJUDICE A SIX-FOOT-TALL

FENCE/GATE IN THE REQUIRED FRONT YARD ACROSS THE VEHICULAR ACCESS

WHERE A MAXIMUM HEIGHT OF THREE FEET IS ALLOWED AS ASSOCIATED WITH REASONABLE ACCOMMOCATION PLN 21-0497 AT 406 KAHRS AVENUE.

WHEREAS, the applicant, Mariam Azamey, submitted PLN 21-0497 on December 7, 2021, for a Reasonable Accommodation to accommodate (an existing accessory structure (physical therapy room with an attached carport) with a front yard setback of two feet where a minimum of 20 feet is required; a side yard setback of three feet where a minimum of five is required; and installation of a six-foot-tall fence in the required front yard across the vehicular access, where the maximum allowed height is three feet; and
WHEREAS, in accordance with PHMC Section 18.112.050.A.1 of the Zoning Ordinance the Zoning Administrator referred the Reasonable Accommodation request to the Planning Commission; and
WHEREAS, after notice thereof having been duly, regularly and lawfully given, a public hearing was held by the Planning Commission on March 8, 2022, regarding the proposed Reasonable Accommodation, at which time all interested parties were invited to provide comments on the proposal; and
WHEREAS, the Planning Commission evaluated the proposed Reasonable Accommodation request for compliance with the General Plan, Municipal Code, and Planning and Land Use Ordinances; and
WHEREAS, the at the March 8, 2022 hearing, the Planning Commission concluded that it could not make the necessary findings to approve the Reasonable Accommodation and denied the request without prejudice; and
WHEREAS, on March 21, 2022, the applicant/appellant, Mariam Azamey filed a timely appeal; and
WHEREAS, after notice thereof having been duly, regularly and lawfully given, a public hearing was continued at the June 6, 2022 City Council and continued, without discussion, to the August 1, 2022 meeting date and subsequently continued without discussion to the September 12, 2022, October 3, 2022 and November 7, 2022 meeting date, regarding an appeal of the Planning

9.1.a
Packet Pg. 139 Attachment: A - Proposed Resolution (Azamey Reasonable Accommodation - Appeal of PC Decision) Azamey Reasonable Accommodation PLN 21-0497
Findings for Denial
November 7, 2022

Commission’s decision regarding the proposed Reasonable Accommodation, at which time all interested parties were invited to provide comments on the proposal; and WHEREAS, in accordance with Section 15270 of the Guidelines for the Implementation of the California Environmental Quality Act (CEQA) of 1970, as amended, CEQA does not apply to projects which a public agency rejects or disapproves; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pleasant Hill, in accordance with Chapter 18.112 of the Pleasant Hill Municipal Code, hereby denies the appeal and upholds the Planning Commission’s decision to deny the request (Reasonable Accommodation PLN 21-0497) without prejudice, based upon the following findings:

Reasonable Accommodation DENIAL Findings

1. The housing will be used by a disabled person
A disabled person does reside on the property.

2. The requested accommodation is necessary to make specific housing available to a disable person
Accessory Structure: The request for the reasonable accommodation includes allowing a non-permitted, nonconforming structure (physical therapy room attached to a carport) to remain as is, with a front yard setback of two feet (minimum of 20 feet is required) and a side yard setback of three feet (minimum of five is required). The applicant states that the current location of the physical therapy room is more feasible than converting the existing 390-square-foot car garage, as it houses the appellant’s accessible van and is not insulated (see Applicant’s Analysis, Attachment D). The applicant notes that to construct the physical therapy room at any other location of the site would pose a hardship and be cost prohibitive.

The disabled person will use the unpermitted, existing physical therapy room for therapy.

The unpermitted accessory structure is necessary and related to the disability; however, Planning Commission and staff believes that there are other locations on the site where the structure/use could have been built to better accommodate the proposed use, comply with zoning regulation, and minimize detrimental impacts to adjacent properties, particularly if the smaller physical therapy room was built without the attached carport.

These locations include: (1) within the existing house; (2) as an addition to the rear of the home (west); (3) to the south of the home where the required setbacks could be met, as the parcel is approximately 16,552 square feet (see Attachment E for additional discussion).

In conclusion, the Planning Commission and Staff observe that, had the applicant approached the City to discuss location prior to building the structure without permits, the accessory structure could have been sited both in compliance with zoning regulations and to the satisfaction of the applicant’s needs.

9.1.a
Packet Pg. 140 Attachment: A - Proposed Resolution (Azamey Reasonable Accommodation - Appeal of PC Decision) Azamey Reasonable Accommodation PLN 21-0497
Findings for Denial
November 7, 2022

Fence: The project also includes a request to allow construction of a six-foot-tall fence/motorized gate on the front property line of the parcel at the easement. PHMC Section 18.20.040 of the Zoning Ordinance provides that fences in the required front yard shall not be taller than three feet. The applicant’s basis for the request for a taller fence is for safety of the person with the disability.

In conclusion, the Planning Commission and Staff do not believe that granting this fence height request is necessary to make the housing available to a disabled person, as it does not appear that a six-foot tall fence is related to the disability. Further, a three-foot-tall fence, which is allowed per Code, would also provide safety and security for the appellant.

In addition, the site is significantly recessed from the public street and accessed through an easement. Thus, these factors afford the subject site greater security than other properties in the vicinity that front upon the public street.

3. The requested accommodation would not impose an undue financial or administrative burden on the city.

There would not be an undue financial or administrative burden imposed on the City as a result of approving the proposed reasonable accommodation. Inspections for the existing carport and attached physical therapy room, and the proposed fence would occur as part of the routine building and zoning permit processes.

4. The requested accommodation would not require a fundamental alteration in the nature of a City program or law, including land use and zoning.

Accessory Structure: The unpermitted, existing physical therapy room and attached carport would result in a fundamental alteration to land use and zoning, as the structure would encroach upon the required front yard setback by 18 feet and the required side yard setback by two feet.

The resident at the property does have a disability (as determined by a medical professional), and the reasonable accommodation request is sought to allow, retroactively, an otherwise non-permitted structure built without prior City consultation or approval.

While a reasonable accommodation does allow flexibility and the waiving of certain development standards and requirements, the extent of the appellant’s request equates to a fundamental alteration of zoning provisions that does not appear justified when several reasonable alternative solutions are available to the appellant. In addition, the physical therapy room is significantly smaller than the attached carport, thus, siting the smaller physical therapy room by itself would provide additional options due to its smaller footprint. Had the request come before the City in advance of construction of the nonpermitted accessory structure, staff is confident other locations on the property could have been identified that satisfy both zoning regulations and the appellant’s needs.

Fence: The project also includes a request to allow construction of a six-foot-tall fence/ motorized gate on the front property line of the parcel at the easement. PHMC Section

18.20.040 of the Zoning Ordinance provides that fences in the required front yard shall not be taller than three feet

9.1.a
Packet Pg. 141 Attachment: A - Proposed Resolution (Azamey Reasonable Accommodation - Appeal of PC Decision) Azamey Reasonable Accommodation PLN 21-0497
Findings for Denial
November 7, 2022

The Planning Commission and Staff believe that granting this fence request is not necessary to make the housing available to a disabled person, as it does not appear that a six-foot-tall fence is related to the disability. Further, a three-foot tall fence, which is allowed per Code, would also provide safety and security of the site. In addition, the site is significantly recessed from the public street and accessed through an easement; thus, these factors afford the subject site greater security than other properties in the vicinity that front upon the public street.

ADOPTED by the City Council, City of Pleasant Hill, on the 7 th day of November, 2022,
by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

___________________________________
MICHAEL G. HARRIS, OD, Mayor
ATTEST:

DANIELLE K. NAVARRO, City Clerk

9.1.a
Packet Pg. 142 Attachment: A - Proposed Resolution (Azamey Reasonable Accommodation - Appeal of PC Decision)

9.1.b
Packet Pg. 143 Attachment: B - Planning Commission Resolution No. 7-22 (Azamey Reasonable Accommodation - Appeal of PC Decision)

9.1.b
Packet Pg. 144 Attachment: B - Planning Commission Resolution No. 7-22 (Azamey Reasonable Accommodation - Appeal of PC Decision)

9.1.b
Packet Pg. 145 Attachment: B - Planning Commission Resolution No. 7-22 (Azamey Reasonable Accommodation - Appeal of PC Decision)

9.1.b
Packet Pg. 146 Attachment: B - Planning Commission Resolution No. 7-22 (Azamey Reasonable Accommodation - Appeal of PC Decision)

9.1.c
Packet Pg. 147 Attachment: C - Applicant Appeal (Azamey Reasonable Accommodation - Appeal of PC Decision)

9.1.d
Packet Pg. 148
Attachment: D - Proposed Plans (Azamey Reasonable Accommodation - Appeal of PC Decision)

9.1.d
Packet Pg. 149
Attachment: D - Proposed Plans (Azamey Reasonable Accommodation - Appeal of PC Decision)

9.1.d
Packet Pg. 150
Attachment: D - Proposed Plans (Azamey Reasonable Accommodation - Appeal of PC Decision)

9.1.e
Packet Pg. 151 Attachment: E - Reasonable Accommodation Analysis (Azamey Reasonable Accommodation - Appeal of PC Decision)

9.1.e
Packet Pg. 152 Attachment: E - Reasonable Accommodation Analysis (Azamey Reasonable Accommodation - Appeal of PC Decision)

9.1.e
Packet Pg. 153 Attachment: E - Reasonable Accommodation Analysis (Azamey Reasonable Accommodation - Appeal of PC Decision)

9.1.f
Packet Pg. 154 Attachment: G - PHMC 18.112 Reasonable Accommodation Ordinance (Azamey Reasonable Accommodation - Appeal of PC Decision)

9.1.f
Packet Pg. 155 Attachment: G - PHMC 18.112 Reasonable Accommodation Ordinance (Azamey Reasonable Accommodation - Appeal of PC Decision)

9.1.f
Packet Pg. 156 Attachment: G - PHMC 18.112 Reasonable Accommodation Ordinance (Azamey Reasonable Accommodation - Appeal of PC Decision)

9.1.f
Packet Pg. 157 Attachment: G - PHMC 18.112 Reasonable Accommodation Ordinance (Azamey Reasonable Accommodation - Appeal of PC Decision) Reasonable Accommodation Zoning Administrator Guidelines The following guidelines are for consideration by the Zoning Administrator when reviewing reasonable accommodation requests. When a request for reasonable accommodation is considered that would result in an encroachment into setbacks (mainly front and side yard), exceedance of allowed building heights, or exceedance of allowed lot coverage or floor area ratio, the following factors should be considered:

1. Consider the feasibility of conversions of garages and/or basements to accommodate the need for additional floor space rather than expansion of the building footprint or building height.

Staff Analysis: The applicant has noted that the existing garage cannot be converted into a physical therapy room as it houses the accessible van. Staff believes that the garage could be converted into a physical therapy room, though it would require that the van be parked elsewhere. By converting the existing garage, no expansion of the existing building footprint would be required, thus eliminating the impact on the adjacent properties. This does not apply to the proposed fence/gate.

2. Consider the feasibility of reconfiguration of the existing floor plan to accommodate specific needs.

Staff Analysis: A floor plan of the existing home was not submitted, thus staff is not able to analyze the feasibility of a reconfiguration of the existing home. This does not apply to the proposed fence/gate.

3. Consider the feasibility of an addition that would result in a lot coverage exceedance before considering an addition that would increase building height or result in a building height exceedance.

Staff Analysis: The existing/proposed approximate 100 square foot physical therapy room could be constructed at other areas of the site and not resulting in non-compliant development standards such as an addition to the rear of the home (west). This does not apply to the proposed fence/gate.

4. Consider alternative designs and methods of accommodation to minimize the potential effects on privacy and solar access for surrounding properties if a building height or setback exceedance is proposed.

Staff Analysis: The existing/proposed accessory structures (physical therapy room and carport) are located approximately two to three from the shared property lines (where five and 20 foot setbacks are required). If the structure complied with the setbacks, there would be reduced effects on privacy and solar access due to its proximity to surrounding properties.

9.1.g
Packet Pg. 158 Attachment: F - Reasonable Accommodation Guidelines with Staff Analysis (Azamey Reasonable Accommodation - Appeal of PC Decision) Plans submitted indicate that the existing/proposed carport cover is approximately 12 feet tall (at the peak) and is in compliance with the height standard for accessory structures.

This does not apply to the proposed fence/gate.

5. Consider the feasibility of locating an accommodation involving a side yard setback encroachment on the side of the property that has the larger setback or where the adjacent property structure is setback furthest from the subject structure.

Staff Analysis: The project site consists of approximately 16,552 square feet which could accommodate the existing/proposed structures at various locations. The structure was built without City review and permitting, thus, no opportunity to review other locations were considered, despite less impactful locations. This does not apply to the proposed fence/gate.

6. Consider the feasibility of allowing an accommodation to encroach into a rear yard setback, before considering a side or front yard setback encroachment.

Staff Analysis: The existing/proposed structures encroach into the front and side yard setbacks. The structure was built without City review and permitting, thus, no opportunity to review other locations were considered, despite less impactful locations. The proposed six-foot tall fence/gate would be constructed on the front property line with no setbacks.

Based on the applicant request there is no alternative to the front yard as the fences main purpose is to enclose the front yard, however, the fence could be reduced in height to three feet and still address the concerns of the applicant. In addition, the site has substantial spaces in the rear and side yard areas that could accommodate the needs noted by the applicant.

7. Review proposed additions/expansions/structures to ensure that they have adequate exterior articulation and architectural interest and are in substantial conformance with the City's Design Guidelines.

Staff Analysis: Though the existing carport and therapy room have similar architecture to the existing structures and address various Design Guidelines regarding architecture. The proposed fence/gate would not be in substantial conformance with the Design Guideline as vehicular gates are discouraged.

8. Review expansions to ensure that privacy of adjacent properties is protected where feasible (such as window types, locations, placement of exterior elements, location of walkways, etc.).

Staff Analysis: The proposed project is not a building addition/expansion. The proposed fence/gate would not impact the privacy of adjacent properties.

Other general guidelines

9.1.g
Packet Pg. 159 Attachment: F - Reasonable Accommodation Guidelines with Staff Analysis (Azamey Reasonable Accommodation - Appeal of PC Decision)

1. Consider decorative pavement or, decomposed granite, rather than standard paving materials for necessary walkways.

Staff Analysis: N/A

2. Consider using decorative building materials and high quality design for any reasonable accommodation that results in structure modifications.

Staff Analysis: N/A

3. Consider neighborhood impacts if the request involves a parking accommodation (consider on-street parking impacts).

Staff Analysis: N/A

4. Minimize impacts to the neighborhood to the greatest extent possible, while considering the individual needs of the accommodation request.

Staff Analysis: As proposed, impacts to the neighborhood are not minimized; the therapy room could be located in other locations that are away from surrounding properties while still provided similar access. The proposed six-foot tall fence/gate would not impact the neighborhood

5. Determine if the proposed accommodation can feasibly be removed when the occupant requesting the accommodation no longer resides on the property. If removal is feasible, the reasonable accommodation may be conditioned to be removed in the future and an appropriate method of ensuring the property owner's responsibility for removal can be included in conditions of approval and/or a deed restriction.

Staff Analysis: The Chief Building Official has noted that the structure and the fence/gate can feasibly be removed.

9.1.g
Packet Pg. 160 Attachment: F - Reasonable Accommodation Guidelines with Staff Analysis (Azamey Reasonable Accommodation - Appeal of PC Decision)

9.1.h
Packet Pg. 161 Attachment: H - Photos (Azamey Reasonable Accommodation - Appeal of PC Decision)

9.1.h
Packet Pg. 162 Attachment: H - Photos (Azamey Reasonable Accommodation - Appeal of PC Decision)

9.1.h
Packet Pg. 163 Attachment: H - Photos (Azamey Reasonable Accommodation - Appeal of PC Decision)

9.1.h
Packet Pg. 164 Attachment: H - Photos (Azamey Reasonable Accommodation - Appeal of PC Decision)

9.1.h
Packet Pg. 165 Attachment: H - Photos (Azamey Reasonable Accommodation - Appeal of PC Decision)

9.1.h
Packet Pg. 166 Attachment: H - Photos (Azamey Reasonable Accommodation - Appeal of PC Decision)

9.1.h
Packet Pg. 167 Attachment: H - Photos (Azamey Reasonable Accommodation - Appeal of PC Decision)

9.1.i
Packet Pg. 168
Attachment: I - Setback Aerial Map (Azamey Reasonable Accommodation - Appeal of PC Decision)

9.1.j
Packet Pg. 169 Attachment: J - Assessor Parcel Map (Azamey Reasonable Accommodation - Appeal of PC Decision)

CITY OF PLEASANT HILL

NOTICE OF

PUBLIC HEARING

CITY COUNCIL
AZAMEY REASONABLE ACCOMMODATION (PLN 21-0497)

APPEAL OF THE PLANNING COMMISSION DECISION
406 KAHRS AVENUE
(Continued from June 6, 2022 Meeting Date)
NOTICE IS HEREBY GIVEN, by the City of Pleasant Hill, that the City Council will hold a public hearing to consider an appeal, by the applicant, of the Planning Commission decision to deny a zoning permit (PLN 21-0497) for a Reasonable Accommodation to allow an existing structure, with non-conforming setbacks, to remain related to a disability, and for a fence with a height above three feet, in the front yard, to be permitted. This item was originally scheduled for the June 6, 2022 City Council hearing date, but was continued without any discussion to August 1, 2022. The subject site is approximately 0.37 acres, zoned R10 – Single Family Residential, at 406 Kahrs Avenue. Assessor Parcel Numbers: 149-032-038-7 and 149-032-037-9.

Pursuant to Sections 15301, 15304, and 15305 of the California Environmental Quality Act (CEQA) of 1970, as amended, this project is determined to be, Categorically Exempt (Classes 1, 4, and 5) – Existing Facilities, Minor Alterations to Land, and Minor Alterations in Land Use Limitations, since the project scope would not have a significant effect on the environment.

THE CONTINUED PUBLIC HEARING will be held by the City Council starting at 7:00 P.M. on Monday, August 1, 2022. Please check the City’s website or posted agenda for information regarding whether the hearing will be held virtually and/or at City Hall at 100 Gregory Lane, Pleasant Hill, CA. More information on how to participate, including providing live comments during the meeting, will be provided on the posted City Council meeting agenda.

NOTICE IS ALSO GIVEN pursuant to Government Code Section 65009(b) that, if this matter is subsequently challenged in Court by you or others, you may be limited to raising only those issues you or someone else has raised at the Public Hearing described in this notice or in written correspondence delivered to the City of Pleasant Hill at, or prior to, the Public Hearing.

For information on this matter, call or e-mail Troy Fujimoto at 925-671-5224 [email protected].

Troy Fujimoto
Zoning Administrator

9.1.k
Packet Pg. 170 Attachment: K - Pubic Hearing Notice (Azamey Reasonable Accommodation - Appeal of PC Decision)

9.1.l
Packet Pg. 171 Attachment: L - Location Map (Azamey Reasonable Accommodation - Appeal of PC Decision)

9.1.m
Packet Pg. 172 Attachment: M - Public Comments (Azamey Reasonable Accommodation - Appeal of PC Decision)

9.1.m
Packet Pg. 173 Attachment: M - Public Comments (Azamey Reasonable Accommodation - Appeal of PC Decision) 1 Danielle Habr
From: Michael Durkee <[email protected]>
Sent: Thursday, September 29, 2022 2:07 PM
To: City Council
Cc: Danielle Habr; Janet Coleson; Troy Fujimoto; [email protected]; Mariam Azamey; Katherine Porter; Michael Durkee
Subject: Request For Short Continuance - 406 Kahrs - Appeal - Ms. Azamey/Mr. Unger Attachments: Mariam Azamey - Request for Continuance (9.29.22).docx Dear Honorable Mayor Harris and City Councilmembers,
Attached please find a letter submitted on behalf of my clients seeking City Council approval of a short continuance from the Council's meeting of October 3, 2022 to the Council's meeting of November 7, 2022.

Dear City Clerk/ADA Coordinator Habr, please ensure that the attached letter is delivered to the City Council for their October 3, 2022 meeting and is made a part of the administrative record for this matter.

Thank you all very much.

Respectfully submitted,
Michael Patrick Durkee, Esq.

Michael Patrick Durkee
Attorney at Law
(510) 918-5873
[email protected]
www.michaelpatrickdurkee.com
www.landusenavigators.com

9.1.m
Packet Pg. 174 Attachment: M - Public Comments (Azamey Reasonable Accommodation - Appeal of PC Decision) September 29, 2022
1 Law Offices of
Michael Patrick Durkee
1250- I Newell Avenue, #156
Walnut Creek CA 94596
(510) 918-5873
[email protected]
Via Email
Honorable Mayor Michael G. Harris
and City Council
City of Pleasant Hill
100 Gregory Lane
Pleasant Hill, CA 94523
Re: Request for Short Continuance
Dear Honorable Mayor Harris and Councilmembers:

We have been retained by Ms. Mariam Azamey and Mr. James Unger to assist them with various issues related to their properties at 406 Kahrs Avenue, including the construction of a small room accessible to Ms. Azamey where she performs physical therapy related to her debilitating and degenerative medical condition in privacy.

A Council hearing regarding the allowance and accommodation of this physical therapy room is set for City Council consideration at the Council’s October 3, 2022, meeting.

Unfortunately, as Ms. Azamey shared with City Staff, Ms. Azamey’s current health will not allow her to appear before the Council on that date. We are therefore respectfully requesting a short continuance to the City Council’s November 7, 2022, meeting.

We are aware that Ms. Azamey’s neighbors do not believe Ms. Azamey suffers from this debilitating and degenerative neurological disorder, that they have been posting those beliefs on social media, and that they have been pressuring City Staff to act with regards to Ms. Azamey’s physical therapy room regardless of her current health. Please remember, however, that this situation involves a person with an acute and medically substantiated disability. With respect, we submit that the City’s main concern should be about Ms. Azamey’s needs and appropriate accommodations, not the neighbors’ campaign of pressure and misrepresentations. In any event, we will commit to November 7, 2022, and agree that no additional continuances will be sought.

Granting this short continuance request will also benefit the City, its Staff, and the City Council in its consideration of this matter. We will be submitting materials shortly that will provide an analysis of the facts, the law, and the physical constraints on the property that will provide information beneficial to City Staff’s recommendation and the City Council’s ultimate action. Additionally, we intend to use this short time to have discussions with City staff that may

9.1.m
Packet Pg. 175 Attachment: M - Public Comments (Azamey Reasonable Accommodation - Appeal of PC Decision) September 29, 2022
2 produce solutions that ultimately obviate the need for a hearing altogether. If that proves successful, we will be dismissing this appeal.

In short, we understand and respect that the City wishes to resolve this issue in a timely, equitable, and legally sufficient manner. In that spirit, we respectfully submit that a short continuance will better provide the information and fair hearing (that Ms. Azamey can attend and testify at) necessary to accomplish that goal. It is our respectful request, therefore, that the City Council grant a short continuance of this appeal to its meeting of November 7, 2022. Again, we commit to not asking for any additional continuance.

Respectfully submitted,
Michael Patrick Durkee, Esq.

Cc: City Clerk
City Attorney
City Manager
City Planning Staff
Ms. Mariam Azamey and Mr. James Unger
Katherine Porter, Esq.

9.1.m
Packet Pg. 176 Attachment: M - Public Comments (Azamey Reasonable Accommodation - Appeal of PC Decision)

CITY COUNCIL STAFF REPORT
Meeting Date: November 07, 2022
TO: THE HONORABLE MAYOR AND CITY COUNCILMEMBERS
SUBJECT: INTRODUCE ORDINANCE NO. ___ AMENDING IN ITS ENTIRETY CHAPTER 14.05 (CALIFORNIA BUILDING CODE), SECTIONS

14.05.010 THROUGH 14.05.040 OF THE MUNICIPAL CODE BY
ADOPTING BY REFERENCE THE 2022 EDITION OF THE

CALIFORNIA BUILDING STANDARDS CODE, CALIFORNIA CODE OF
REGULATIONS, TITLE 24, PARTS 1, 2, 2.5, 3, 4, 5, 6, 9, 10, 11, AND 12,

WHICH CONSISTS OF THE CALIFORNIA ADMINISTRATIVE,

BUILDING, RESIDENTIAL, ELECTRICAL, MECHANICAL,
PLUMBING; ENERGY, FIRE, GREEN BUILDING STANDARDS, AND
REFERENCED STANDARDS CODES; AND ADOPTING BY
REFERENCE THE 2021 INTERNATIONAL PROPERTY
MAINTENANCE AND THE 2021 FIRE RESISTANCE DESIGN
MANUAL; AND INTRODUCE ORDINANCE NO. ___ AMENDING
CHAPTER 14.05 (CALIFORNIA BUILDING CODE), SECTION 14.05.080 OF THE MUNICIPAL CODE BY ADOPTING BY REFERENCE THE 2022

EDITION OF THE CALIFORNIA FIRE CODE, CALIFORNIA CODE OF REGULATIONS, TITLE 24, PART 9 WITH LOCAL AMENDMENTS,

AND SET THE PUBLIC HEARING FOR BOTH CODES ON NOVEMBER
21, 2022

SYNOPSIS
The State of California adopts the California Building Codes (Building, Mechanical, Electrical, and Plumbing) as part of the California Building Standards every three years. The 2022 California Building Codes were published in July 2022 and will become effective January 1, 2023 on a statewide basis. The City of Pleasant Hill (City) also adopts related codes: International Property Maintenance Code and the Fire Resistance Design Manual. A city, county, or other enforcement agency may establish more restrictive building standards reasonably necessary because of local climatic, geological, or topographical conditions. On November 7, 2022, the City Council will consider and introduce the proposed ordinances, and in accordance with State law, set the public hearing and second reading of the ordinances for November 21, 2022.

DISCUSSION

9.2 Packet Pg. 177
Background
Every three years, the codes for building construction are updated and adopted by the State to meet new technological changes and address new issues and needs. The Building Standards Commission is responsible for updating these complex building standards and has decided to adopt the International Building Code 2021 (IBC) as the State model. Each city and county is required to adopt the State codes, or they will take effect automatically on January 1, 2023. The City also adopts related codes: the International Property Maintenance Code and the Fire Resistance Design Manual.

The City of Pleasant Hill will be enforcing the following:
 California Administrative Code, 2022 Edition (CBC) – Title 24, Part 1  California Building Code, 2022 Edition (CBC) – Title 24, Part 2,Volumes 1 and 2  California Residential Code, 2022 Edition (CBC) – Title 24, Part 2.5 which is based on the 2018 International Residential Code
 California Electrical Code, 2022 Edition – Title 24, Part 3 which is based on the 2020 National Electrical Code
 California Mechanical Code, 2022 Edition – Title 24, Part 4 which is based on the 2021 Uniform Mechanical Code
 California Plumbing Code, 2022 Edition – Title 24, Part 5 which is based on the 2021 Uniform Plumbing Code
 California EnergyCode, 2022 Edition – Title 24, Part 6 California Fire Code, 2022 Edition
– Title 24, Part 9 which is based on the 2021 International Fire Code  California Green Building Standards Code, 2022 Edition – Title 24, Part 11  California Referenced standards Code, 2022 Edition, Title24, Part 12 and  International Property Maintenance Code, 2021 Edition  Fire Resistance Design Manual, (2021), published by the GypsumAssociation.  The permit fees will be set by City Council Resolution on November 21, 2022.

The Contra Costa Fire Protection District has provided ordinance amendments to the 2022 Edition of the California Fire Code and a report detailing these changes is attached to this staff report. The City Council will need to introduce and adopt the District’s amendments as a separate ordinance.

State law requires that the City Council set a public hearing for consideration of these codes after introduction of the ordinance. The ordinance is introduced at the City Council meeting of November 7, 2022 at which time the public hearing is proposed to be scheduled for November 21, 2022 to accommodate the legally required public notice and public review periods.

It can be seen with certainty that there is no possibility that introduction and adoption of these updated codes will have a significant effect on the environment.

9.2 Packet Pg. 178

FISCAL IMPACT
There is no fiscal impact in adopting these codes. The City’s annual updating of the master fee schedule will keep the fees consistent with the level of effort required to administer the updated codes, including City amendments.

PUBLIC CONTACT
Public contact was made through posting of the City Council agenda on the City’s official notice bulletin board, in the City Clerk’s office, at the Pleasant Hill Library, and at the Pleasant Hill Police Department. The agenda and staff report are posted on the City’s web page and are available in the City Clerk’s office. Notice of the Public Hearing will be published in the East Bay Times on November 9, 2022, and on November 15, 2022.

RECOMMENDED CITY COUNCIL ACTION
Introduce the proposed ordinances and set the public hearing and second reading of the ordinances for November 21, 2022.

ATTACHMENT(S):

Proposed Ordinance – California Building Code
Proposed Ordinance - California Fire Code
Report from Contra Costa County Fire Protection District Prepared by: Geoff Simmons, Chief Building Official
Approved by: June Catalano, City Manager

9.2 Packet Pg. 179
ORDINANCE NO. __

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PLEASANT HILL AMENDING CHAPTER 14.05 (CALIFORNIA BUILDING CODE), SECTIONS 14.05.010 THROUGH 14.05.040 OF THE MUNICIPAL CODE BY ADOPTING BY REFERENCE THE 2022 EDITION OF THE CALIFORNIA BUILDING STANDARDS CODE, CALIFORNIA CODE OF REGULATIONS, TITLE 24, PARTS 1, 2, 2.5, 3, 4, 5, 6, 9, 10, 11, AND 12, WHICH

CONSISTS OF THE CALIFORNIA ADMINISTRATIVE, BUILDING, RESIDENTIAL, ELECTRICAL, MECHANICAL, PLUMBING; ENERGY, FIRE, GREEN BUILDING STANDARDS, AND REFERENCED STANDARDS CODES; AND ADOPTING BY REFERENCE THE 2021 INTERNATIONAL PROPERTY MAINTENANCE CODE, AND THE 2021 FIRE RESISTANCE DESIGN MANUAL
The City Council of the City of Pleasant Hill does ordain as follows:

Section 1. Pleasant Hill Municipal Code, Chapter 14.05, Section 14.05.010 ("California Building Standards Code adoption by reference") is hereby amended to read as follows:
"14.05.010 California Building Standards Code adoption by reference.

A. The California Building Standards Code, 2022 Edition, California Code of Regulations, Title 24, published by the International Code Council, is adopted by reference, including all volumes listed below. These Codes are hereby adopted and incorporated as fully as if set out at length herein, save and except such portions as are deleted, modified, or amended in this Chapter 14.05.

Part 1: California Administrative Code
Part 2: California Building Code — Volumes 1 and 2, including Division II of Chapter 1.

Part 2.5: California Residential Code, including Division II of Chapter 1.

Part 3: California Electrical Code, including Article 89.

Part 4: California Mechanical Code, including Division II of Chapter 1.

Part 5: California Plumbing Code, including Division II of Chapter 1.

Part 6: California Energy Code.

Part 9: California Fire Code, including Division II of Chapter 1.

Part 10: California Existing Building Code
Part 11: California Green Building Standards Code.

Part 12: California Referenced Standards Code.

B. A copy of the California Building Standards Code is on file in the Building Division for use and examination by the public."
Section 2. Pleasant Hill Municipal Code; Chapter 14.05, Section 14.05.020 ("Other Codes adoption by reference") is hereby amended to read as follows:
"14.05.020 Other Codes adoption by reference. The following additional code, and manual are adopted by reference.

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Packet Pg. 180 Attachment: Proposed Building Code Ordinance (Building and Fire Code Introduction) A. 2021 International Property Maintenance Code
B. Fire Resistance Design Manual (2021), published by the Gypsum Association In the event of any conflict between these other codes and the California Building Standards Code, as adopted and amended by this Chapter 14.05, the California Building Standards Code, as amended, shall prevail."
Section 3. Pleasant Hill Municipal Code, Chapter 14.05, Section 14.05.030 ("Permit fees") is hereby amended to read as follows:
"14.05.030 Permit fees. The permit fees are established by City Council resolution, as authorized by Chapter 1, section 109 of the California Building Code." Section 4. Pleasant Hill Municipal Code, Chapter 14.05, Section 14.05.040 (“Amendments to the California Building Code”) is hereby deleted.

Section 5. The Chief Building Official is directed to file a copy of this ordinance with the California Building Standards Commission.

Section 6. This ordinance takes effect 30 days after adoption.

Section 7. Within fifteen days after the passage of this ordinance, the City Clerk shall cause it or a summary of it to be posted in the three places designated by resolution of the City Council.

The foregoing ordinance was introduced at a regular meeting of the City Council of the City or Pleasant Hill held on the 7
th day of November, 2022, and a public hearing was held on the __ day of __________, 2022.

ADOPTED and ordered posted at a meeting of the City Council of the City of Pleasant Hill, held on the __ day of __________, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_________________________________
MICHAEL G. HARRIS, Mayor
ATTEST:
________________________________
DANIELLE K. NAVARRO, City Clerk

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Packet Pg. 181 Attachment: Proposed Building Code Ordinance (Building and Fire Code Introduction) ORDINANCE NO. ___

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PLEASANT HILL AMENDING CHAPTER 14.05 (CALIFORNIA BUILDING CODE), SECTION 14.05.080 OF THE MUNICIPAL CODE BY ADOPTING BY REFERENCE THE 2022 EDITION OF THE CALIFORNIA FIRE CODE, CALIFORNIA CODE OF REGULATIONS, TITLE 24, PART 9 WITH LOCAL AMENDMENTS WHEREAS, pursuant to California Government Code Section 50022.1 et seq., the City of Pleasant Hill ("City") may adopt by reference the California Building Standards Code, 2022 Edition, as provided in Title 24 the California Code of Regulations, which consists in part of the 2022 California Fire Code (Part 9); and
WHEREAS, California Health and Safety Code Section 17958.7 and 18941.5 authorize cities to adopt the 2022 Edition of the California Building Standards Code with modifications determined to be reasonably necessary because of local climatic, geological, or topographical conditions; and WHEREAS, on __________ __, 2022, the City adopted the California Building Standards Code with the necessary amendments to assure the Codes are tailored to the particular safety needs of the City as required by its unique climatic, geological, and topographical conditions by approving the City's Ordinance No. ___; and
WHEREAS, on __________ __, 2022, the Contra Costa County Board of Supervisors adopted the Contra Costa County Fire Protection District's ("District") 2022 California Fire Code with amendments and the necessary climatic, geological, and topographic findings through Contra Costa County Ordinance No. 2022-__, attached as Exhibit A to this ordinance; and WHEREAS, the City receives fire protection services from the District; and WHEREAS, the City desires to amend its adoption of the California Building Standards Code in Pleasant Hill Municipal Code, Title 14, Chapter 14.05 (California Building Code), Section

14.05.080 to include the amendments to the 2022 California Fire Code as adopted by the District; and WHEREAS, the City held a public hearing on ____________ __, 2022, at which time all interested persons had the opportunity to appear and be heard on the matter of adopting the Codes as amended herein; and
WHEREAS, the City published notice of the aforementioned public hearing pursuant to California Government Code Section 6066 on __________ __, 2022, and __________ __, 2022; and WHEREAS, any and all other legal prerequisites relating to the adoption of this Ordinance have occurred.

NOW, THEREFORE, the City Council of the City of Pleasant Hill does ordain as follows:

Section 1. ADOPTION OF THE CALIFORNIA FIRE CODE. The City of Pleasant Hill, California, hereby adopts the 2022 California Fire Code (California Code of Regulations, Title 24,

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Packet Pg. 182 Attachment: Proposed Fire Code Ordinance (Building and Fire Code Introduction) Part, 9 [based on the 2021 International Fire Code published by the International Code Council]), including Chapters 1-10 and 12-80, Appendix B, Appendix C, Appendix D, Appendix F, Appendix H, Appendix I, Appendix J, and Appendix K, as amended by the changes, additions, and deletions set forth in this ordinance. The 2022 California Fire Code, with the changes, additions, and deletions set forth this ordinance, is adopted by this reference as though fully set forth in this ordinance. As of the effective date of this ordinance, the provisions of the fire code are controlling and enforceable within the limits of each jurisdiction.

Section 2. AMENDMENTS TO THE CALIFORNIA FIRE CODE. Pleasant Hill Municipal Code, Chapter 14.05, Section 14.05.080 ("Amendments to the California Fire Code") is hereby amended to read as follows:
"Section 14.05.080
Amendments to the California Fire Code
The 2022 California Fire Code is amended by the changes, additions, and deletions set forth in this section. Chapter and section numbers used in this section are those of the 2022 California Fire Code.

Chapter 1. Scope and Administration.

Section 101.1 is amended to read:
101.1 Title. This code is the Fire Code of Contra Costa County, the Crockett-Carquinez Fire Protection District, and 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 105.5.52.

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.

Section 105.5.40 is amended to read:

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Packet Pg. 183 Attachment: Proposed Fire Code Ordinance (Building and Fire Code Introduction) 105.5.40 Cannabis/Plant Extraction Related System(s)/Operations. An operational permit is required for any of the following cannabis/plant extraction related systems operations.

1. Cultivation

2. Plant Extraction Systems

3. Testing/Lab

4. Manufacturing

5. Distribution

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

Section 105.5 is amended by adding subsections 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 3318.
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 (in excess of 3 launches per event) pursuant to California Code of Regulations, Title 19, Division 1, Article 17. Permits issued in accordance with this section are for the site, and are effective as long as site conditions have not changed. 105.5.60 Temporary Occupancy. A permit is required for any temporary occupancy. 105.5.61 Temporary water supply. A permit is required to use a temporary water supply for construction of residential projects or subdivisions pursuant to Section 3313.1. 105.5.62 Tire storage. A permit is required to store more than 1,000 cubic feet (28.3m3) of tires inside buildings pursuant to Chapter 34.

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Packet Pg. 184 Attachment: Proposed Fire Code Ordinance (Building and Fire Code Introduction) 105.5.63 Indoor Growing Operation. A permit is required to operate an indoor growing operation.

Exception: Agricultural Greenhouses in an agricultural zone.

Section 105.6 is amended to read:
105.6 Required construction permits. The fire code official is authorized to issue construction permits for the operations set forth in Chapter 1, Sections 105.6.1 through 105.6.30.

Section 105.6 is amended by adding Sections 105.6.25 through 105.6.29, to read:
105.6.25 Access for fire apparatus. Plans shall be submitted and a permit is required to install, improve, modify, or remove public or private roadways, driveways, and bridges for which Fire District access is required by the Fire Code. A permit is required to install a gate across a fire apparatus access road pursuant to Section 503. 105.6.26 Construction, alteration, or renovation 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, alteration, 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 expansion.
105.6.27 Land Development, Subdivisions. Plans shall be submitted to the fire code official for all land developments or improvements proposed within the jurisdiction that involve the subdivision of land.
105.6.28 Water supply for fire protection. Plans shall be submitted to the fire code official for the purpose of determining whether adequate water supplies, fire hydrants, and associated systems are provided for all facilities, buildings, or portions of buildings either constructed or moved into the District pursuant to Section 507. 105.6.29 Land Development. Plans shall be submitted to the fire code official for all land developments or improvements proposed within the jurisdiction.

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

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Packet Pg. 185 Attachment: Proposed Fire Code Ordinance (Building and Fire Code Introduction) Section 112.4 is amended to read:
112.4 Violation penalties. Every person who violates any provision of this fire code is guilty of an infraction or misdemeanor in accordance with Health and Safety Code Section 13871 and Government Code Section 53069.4. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue; and all such persons shall be required to correct or remedy such violations or defects within a reasonable time; and when not otherwise specified, each ten (10) days that prohibited conditions are maintained shall constitute a separate offense.

The application of the aforesaid penalty shall not be held to prevent the enforced removal of prohibited conditions.

Chapter 2. Definitions.

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

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

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

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

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

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

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

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Packet Pg. 186 Attachment: Proposed Fire Code Ordinance (Building and Fire Code Introduction) 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) singlefamily 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.

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Packet Pg. 187 Attachment: Proposed Fire Code Ordinance (Building and Fire Code Introduction) Key Box or Knox Box. (Underwriters Laboratory) UL "Listed" box, size and style, approved by the Fire Code Official or designee that meets the requirements and uses the same security key code adopted by the Fire Department
Ladder Fuel. Fuel that provides vertical continuity between surface fuel and canopy fuel strata, increasing the likelihood that fire will carry from surface fuel into the crowns of shrubs and trees.

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

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

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

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

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

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

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

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

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.

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Packet Pg. 188 Attachment: Proposed Fire Code Ordinance (Building and Fire Code Introduction) Sprinkler Alarm and Supervisory System (SASS). A Dedicated Function Fire Alarm System located at the protected premise installed specifically to monitor sprinkler water-flow alarm, valve supervisory, and general trouble conditions where a Building Fire Alarm is not required.

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

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

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

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

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

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

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

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.

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Packet Pg. 189 Attachment: Proposed Fire Code Ordinance (Building and Fire Code Introduction) Chapter 3. General Precautions Against Fire.

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

Section 308.1.4, Exception 1 is amended to read:

Exception 1. Residential Occupancies.

Section 324 is added to Chapter 3, to read:

SECTION 324 Exterior Fire Hazard Control.
324.1 Subsurface Fires.
324.1.1 Peat Fire. It is the duty of each person, firm, corporation, or association not to permit a peat fire ora 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.

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Packet Pg. 190 Attachment: Proposed Fire Code Ordinance (Building and Fire Code Introduction) 325.2 Definitions. The following terms are defined in Chapter 2:

Automobile Dismantling
Automobile Wrecking Yard
325.3 Requirements.
325.3.1 Permits. An operational fire code permit is required as in Section 105.6.53. 325.3.2 Fire Apparatus Access Roads. Fire apparatus access roads shall be constructed throughout the site in accordance with this code and shall be maintained clear of all vehicles and stored items.
325.3.3 Welding and cutting. Welding and cutting operations shall be conducted in an approved location, clear of all flammable liquids and combustible materials, including weeds, tires, and all other debris.
325.3.4 Housekeeping. Combustible rubbish accumulated on site shall be collected and stored in approved containers, rooms, or vaults of noncombustible materials. Combustible vegetation, cut or uncut, shall be removed when determined by the fire code official to be a fire hazard.
325.3.5 Fire Protection. Offices, storage buildings, and vehicles used for site operations shall each be provided with at least one portable fire extinguisher with not less than a 4-A:
40-B-C rating. When required by the fire code official, additional fire extinguishers shall be provided.
325.3.6 Tire storage. Tires shall be stored in racks or in a manner as approved by the fire code official.
325.3.6.1 Distance from Water Supply. Tire storage shall be located on-site and no further than 500 feet from a fire hydrant or an approved water supply as determined by the fire code official.
325.3.7 Storage Piles. Storage piles shall be located a minimum of 20 feet from property lines and shall have an unobstructed access road on all sides of not less than 20 feet. 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.

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Packet Pg. 191 Attachment: Proposed Fire Code Ordinance (Building and Fire Code Introduction) 325.3.9.1 Mitigation of leaking fluids. Precautions shall be taken to prevent fluids from salvaged vehicles from leaking onto the ground. Supplies or equipment capable of mitigating leaks from fuel tanks, crankcases, brake systems, and transmissions shall be kept available on site. Single-use plugs, diking, and absorbent materials shall be disposed of as hazardous waste and removed from the site in a manner in accordance with federal, state, and local requirements.
325.3.10 Fuel tanks. Fuel tanks of salvaged vehicles shall be emptied of all flammable (gasoline, diesel) fuels in an approved manner and stored in approved tanks. 325.3.10.1 Repair of vehicle fuel tanks. The repair of fuel tanks, including cutting, welding, or drilling of any kind, is prohibited.
325.3.11 Lead acid batteries. Lead acid batteries shall be removed from all salvaged vehicles and stored in an approved manner in a location approved by the fire code official.

Chapter 4. Emergency Planning and Preparedness.

Section 401.5.1 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 403.11.1 is amended to read:
403.11.1 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.

Chapter 5. Fire Service Features.

Section 503.1.4 is added, to read:
503.1.4 Access to Open Spaces. When existing access to open land or space, or to fire trail systems maintained for public or private use, is obstructed by new development of any

9.2.b
Packet Pg. 192 Attachment: Proposed Fire Code Ordinance (Building and Fire Code Introduction) kind, the developer shall provide an alternate means of access into the area that is sufficient to allow access for fire personnel and apparatus. The alternate means of access must be approved by the fire code official.

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

Section 503.2.1 is amended by adding the following exception:

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

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

Chapter 6. Building Services and Systems.

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

Chapter 9. Fire Protection Systems.

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

Section 902.1 is amended to add:

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

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

9.2.b
Packet Pg. 193 Attachment: Proposed Fire Code Ordinance (Building and Fire Code Introduction) Section 903.2.1.1 is amended to read:
903.2.1.1 Group A-1. An automatic sprinkler system shall be provided for fire areas containing Group A-1 occupancies and intervening floors of the building where one of the following conditions exists:

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

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

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

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

Section 903.2.1.3 is amended to read:
903.2.1.3 Group A-3. An automatic sprinkler system shall be provided for fire areas containing Group A-3 occupancies and intervening floors of the building where one of the following conditions exists:

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

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

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

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

Section 903.2.1.4 is amended to read:
903.2.1.4 Group A-4. An automatic sprinkler system shall be provided for fire areas containing Group A-4 occupancies and intervening floors of the building where one of the following conditions exists:

1.The fire area exceeds 5,000 square feet

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

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

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

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

9.2.b
Packet Pg. 194 Attachment: Proposed Fire Code Ordinance (Building and Fire Code Introduction)

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

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

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

Section 903.2.3 is amended to read:
903.2.3 Group E. An automatic sprinkler system shall be provided for new Group E occupancies as follows:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

9.2.b
Packet Pg. 195 Attachment: Proposed Fire Code Ordinance (Building and Fire Code Introduction) Section 903.2.4.4 is added to read:
903.2.4.4 Group F-2. An automatic sprinkler system shall be provided throughout all buildings containing a Group F-2 occupancy greater than 5,000 square feet.

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

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

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

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

4. A Group M occupancy used for the display and sale of upholstered furniture or mattresses exceeds 5,000 square feet (464 m2).

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

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

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

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

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

Section 903.2.9 is amended to read:
903.2.9 Group S-1. An automatic sprinkler system shall be provided throughout all buildings containing a Group S-1 occupancy where one of the following conditions exists:

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

9.2.b
Packet Pg. 196 Attachment: Proposed Fire Code Ordinance (Building and Fire Code Introduction)

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

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

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

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

1. Buildings having two or more stories above grade plane, including basements, with a fire area containing a repair garage exceeding 5,000 square feet.

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

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

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

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

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

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

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

3. Where the fire area of the open parking garage, in accordance with Section 406.5 of the California Building Code, exceeds 48,000 square feet. 903.2.10.2 Commercial parking garages. An automatic sprinkler system shall be provided throughout buildings used for storage of commercial motor vehicles where the fire area exceeds 5,000 square feet.
903.3.10.3 Group S-2 low hazard storage. An automatic sprinkler system shall be provided throughout all buildings containing a Group S-2 occupancy exceeding 5,000 square feet.

Exception: Open parking garages, including canopies and photovoltaic panel systems with open parking underneath, shall meet automatic sprinkler system requirements in accordance with the 2022 California Building Code and 2022 California Fire Code without local amendment.

9.2.b
Packet Pg. 197 Attachment: Proposed Fire Code Ordinance (Building and Fire Code Introduction) Section 903.3.1.1.4 is added, to read:
903.3.1.1.4 Undeclared Use. In buildings of undeclared use with floor to structure height greater than 14 feet (4,256 mm), the fire sprinkler system shall be designed to conform to Extra Hazard Group I design density. In buildings of undeclared use with floor to structure height less than 14 feet (4,256 mm), the fire sprinkler system shall be designed to conform to Ordinary Group II design density. Where a subsequent occupancy requires a system with greater capability, it shall be the responsibility of the owner and/or the occupant to upgrade the system.

Section 903.3.1.3 is amended to read:
903.3.1.3 Sprinkler Systems for One and Two family dwellings. Automatic sprinkler systems for one- and two- family dwellings shall be permitted to be installed in accordance with section 903.3.1.3.1.

Section 903.3.1.3.1 is added, to read
903.3.1.3.1 Pipe limitations. Where CPVC pipe is installed above the insulation or is otherwise located in an unconditioned space, such as in an attic space, or a garage without conditioned living space above, CPVC pipe shall be adequately insulated to a minimum R-19 value, or equivalent, or pipe shall be limited to Type K or L copper, or ferrous piping.

Section 903.3.5.3 is added, to read:
903.3.5.3 Non-permissible water supply storage. Swimming pools and ponds shall not be considered water storage for the purposes of Section 903.3.5.

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

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

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

Sections 903.6.1 and 903.6.2 are added, to read:

9.2.b
Packet Pg. 198 Attachment: Proposed Fire Code Ordinance (Building and Fire Code Introduction) 903.6.1 Substantial Addition. An automatic sprinkler system shall be provided throughout all existing R-3 Occupancy buildings where a substantial addition occurs and the total new gross floor area of the structure exceeds 3,600 square feet. Group R-3 substantial additions or alterations shall comply with Section 903.2.8.1.1. 903.6.2 Change of occupancy classification. Any existing building that undergoes a change of occupancy classification into a higher hazard category shall comply with the requirements of Section 903.2. Relative hazard categories of occupancy groups shall be established based upon the Heights and Areas Hazard Categories of Table 1011.5 of the current edition of the International Existing Building Code, as published by the International Code Council. The requirements of Section 903.2 shall not be required when a change of occupancy classification is made to an equal or lesser hazard category. Group L occupancies shall be considered a relative hazard of 1 (highest hazard).

Section 907.4.4 is added, to read:
907.4.4 Monitoring of other fire systems. In buildings equipped with a fire alarm system or sprinkler alarm and supervisory service (SASS) system, where other fire suppression or extinguishing systems are installed in the building (including but not limited to commercial kitchen suppression systems, pre-action fire suppression systems, dry chemical systems, and clean agent systems), these other suppression systems shall be monitored by the SASS dedicated function fire alarm system and transmitted as a specific signal to the Central Station. The system shall be monitored in compliance with Section 907.6.6.

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

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

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

3. Music practice rooms.

4. Band rooms.

5. Gymnasiums.

6. Multipurpose rooms.

7. Occupational shops.

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

9. Lobbies.

10. Meeting/Conference rooms.

11. Classrooms.

12. Medical exam rooms.

13. Open office areas.

14. Sales floor areas.

15. Break or lunch rooms

9.2.b
Packet Pg. 199 Attachment: Proposed Fire Code Ordinance (Building and Fire Code Introduction)

16. Copy or work rooms.

17. Computer server rooms exceeding 200 sq. ft.

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

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

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

1. Single- and multiple-station smoke alarms required by Section 907.2.10.

2. Group I-3 occupancies shall be monitored in accordance with Section 907.2.6.3.

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

4. One- and two-family dwellings.

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

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

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

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

Chapter 10. Means of Egress.

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

Chapter 33. Fire Safety During Construction and Demolition.

Section 3301.1.2 is added, to read:

9.2.b
Packet Pg. 200 Attachment: Proposed Fire Code Ordinance (Building and Fire Code Introduction) 3301.1.2 Amendments. Amendments may be required to an approved site safety plan if deemed necessary by both the building official and fire official, based on previous fires or hazards that occurred on site or occurring within the jurisdiction.

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

1. Controlled access points

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

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

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

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

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

7. Necessary lighting throughout the project site
Section 3319, Asbestos Removal, is added to read as follows:

Section 3319 Asbestos removal.
3319.1 General. Operations involving removal of asbestos or asbestos-containing materials from buildings shall be in accordance with Section 3319.

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

1. Pumps, valves, gaskets and similar equipment.

2. Pipes, ducts, girders or beams that have a length less than 21 linear feet (6400 mm).

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

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

5. Group R-3 occupancies.
3319.2 Notification. The fire code official shall be notified 24 hours prior to the commencement and closure of asbestos-removal operations. The permit applicant shall notify the building official when asbestos abatement involves the removal of materials that were used as a feature of the building's fire resistance. 3319.3 Plastic Film. Plastic film that is installed on building elements shall be flame resistant as required for combustible decorative material, in accordance with Section 807.

9.2.b
Packet Pg. 201 Attachment: Proposed Fire Code Ordinance (Building and Fire Code Introduction) 3319.4 Signs. Approved signs shall be posted at the entrance, exit and exit-access door, decontamination areas, and waste disposal areas for asbestos-removal operations. The signs shall state that asbestos is being removed from the area, that asbestos is a suspected carcinogen, and that proper respiratory protection is required. Signs shall have a reflective surface. Lettering shall be a minimum of 2 inches (51 mm) high.

Chapter 50. Hazardous Materials — General Provisions.

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

10. Fire Department related safety equipment
A. Fire alarm control panel (FACP)
B. Sprinkler riser
C. Fire department connection (FDC)
D. Knox Box location
E. Gas valve shutoff
F. Electrical main shutoff
G. Water shutoff
H. Elevator equipment room

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

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

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

Chapter 56. Explosives and Fireworks.

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

9.2.b
Packet Pg. 202 Attachment: Proposed Fire Code Ordinance (Building and Fire Code Introduction) Exceptions:

1. Storage and handling of fireworks by a Public Safety Agency.

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

3. Snap Caps and Party Poppers classified by the State Fire Marshal as pyrotechnic devices.

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

Exception: Snap Caps and Party Poppers classified by the State Fire Marshal as pyrotechnic devices.

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

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

Chapter 57. Flammable and Combustible Liquids.

Section 5703.3.1 is added to read:
5703.3.1 Facility site Fire/Explosion/Hazardous Material Release Analysis Assessment.

A Fire Protection Engineer (FPE) stamped risk assessment is required for each possible hazard risk associated with fire, explosion, smoke, and toxicity associated with the possible incident at a facility that is identified as a bulk transfer/process/storage facility when required by the fire official. Refer to NFPA 550 & 551 for references.

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

Exception: Protected above-ground tanks for the purpose of emergency power generator installations in areas zoned commercial, industrial, agricultural, business district, rural or

9.2.b
Packet Pg. 203 Attachment: Proposed Fire Code Ordinance (Building and Fire Code Introduction) rural residential, and for facilities on an individual basis consistent with the intent of this provision. Tank size shall not exceed 1,000 gallons for any class of liquids.

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

Exception: Protected above-ground tanks for the purpose of emergency power generator installations in areas zoned commercial, industrial, agricultural, business district, rural or rural residential, and for facilities on an individual basis consistent with the intent of this provision. Tank size shall not exceed 1,000 gallons for any class liquids.

Chapter 58. Flammable Gases and Flammable Cryogenic Fluids.

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

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

Chapter 61. Liquefied Petroleum Gases.

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

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

Chapter 80. Referenced Standards.

Chapter 80 is amended by adding the following referenced standards:

9.2.b
Packet Pg. 204 Attachment: Proposed Fire Code Ordinance (Building and Fire Code Introduction) NFPA 3 (2021): Recommended Practice for Commissioning of Fire Protection and Life Safety Systems
NFPA 850 (2020): Recommended Practice for Fire Protection for Electric Generating Plants and High Voltage Direct Current Converter Stations Chapter 80 is further amended by amending the NFPA 13D (2022) (Standard for the Installation of Sprinkler Systems in One- and Two-Family Dwellings and Manufactured Homes) standard as follows:

Section 7.7.1 is added, to read:

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

Section 8.3.5.1.2 is amended to read:

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

Appendix B. Fire-Flow Requirements for Buildings.

Table B105.2 is amended to read:

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

AUTOMATIC SPRINKLER

SYSTEM (DESIGN

STANDARD)

MINIMUM FIRE-FLOW
(GALLONS PER

MINUTE)

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

9.2.b
Packet Pg. 205 Attachment: Proposed Fire Code Ordinance (Building and Fire Code Introduction) Appendix C. Fire Hydrant Locations and Distribution.

Table C102.1 is amended as follows:

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

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

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

Appendix D. Fire Apparatus Access Roads.

Section D102.1 is amended to read:

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

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

Section D103.1 is deleted.

Section D103.2 is amended to read:

D103.2 Grade. Fire department access roadways having a grade of between 16 percent and 20 percent shall be designed to have a finished surface of grooved concrete sufficient to hold a 44,000 pound (19,958 kg) traction load. The grooves in the concrete surface shall be 1/2 inch (13 mm) wide by 1/2 inch (13 mm) deep and 1 ½ inch (38 mm) on center and set at a 30 to 45-degree angle across the width of the roadway surface. No grade shall exceed

9.2.b
Packet Pg. 206 Attachment: Proposed Fire Code Ordinance (Building and Fire Code Introduction) 20 percent, nor shall the cross slope exceed 8%, unless authorized in writing by the fire code official.

Section D103.2.1 is added, to read:

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

Section D103.3 is amended to read:

D103.3 Turning radius. Based on a minimum unobstructed width of 20 feet, a fire apparatus access roadway shall be capable of providing a minimum standard turning radius of 25 feet (7,620 mm) inside and 45 feet (13,716 mm) outside.

Figure D103.1 is amended to read:

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

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Packet Pg. 207 Attachment: Proposed Fire Code Ordinance (Building and Fire Code Introduction) Table D103.4

REQUIREMENTS FOR DEAD-END FIRE

APPARATUS ACCESS ROADS
LENGTH
(feet)

MINIMUM
WIDTH
(feet)

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

Section D103.5 is amended as follows:

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

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

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

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

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

Section D103.6.1 is amended to read:

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

Section D103.6.2 is amended to read:

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

9.2.b
Packet Pg. 208 Attachment: Proposed Fire Code Ordinance (Building and Fire Code Introduction) Section D106.1 is amended by deleting the exception and to read:

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

Section D106.2 is deleted in its entirety."
Section 3. Pursuant to California Health and Safety Code Section 17958.5 and 17958.7, the City Council finds that the changes, modifications and amendments set forth in Section 2 of this ordinance are needed and reasonably necessary because of certain local climatic, geological, and topographic conditions as set forth in the Board of Directors of the Contra Costa County Fire Protection District Findings supporting Contra Costa County Ordinance 2022-__, attached as Exhibit A to this ordinance, incorporated herein by this reference.

Section 4. The Chief Building Official is directed to file a copy of this ordinance with the California Building Standards Commission.

Section 5. This ordinance shall be effective 30 days after its adoption.

Section 6. Within fifteen days after the passage of this ordinance, the City Clerk shall cause a summary of it to be posted in the three places designated by resolution of the City Council.

The foregoing ordinance was introduced at a regular meeting of the City Council of the City of Pleasant Hill held on the 7
th day of November, 2022, and a public hearing was held on the __ day of __________, 2022.

ADOPTED and ordered posted at a meeting of the City Council of the City of Pleasant Hill, held on the __ day of __________, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_________________________________
MICHAEL G. HARRIS, Mayor
ATTEST:
________________________________
DANIELLE K. NAVARRO, City Clerk

9.2.b
Packet Pg. 209 Attachment: Proposed Fire Code Ordinance (Building and Fire Code Introduction) Exhibit “A”

CONTRA COSTA COUNTY, CONTRA COSTA COUNTY FIRE PROTECTION DISTRICT,

AND CROCKETT-CARQUINEZ FIRE PROTECTION DISTRICT
FINDINGS IN SUPPORT OF AMENDMENTS TO THE 2022 CALIFORNIA BUILDING STANDARDS CODE, TITLE 24, PART 9, CALIFORNIA FIRE CODE
The California Building Standards Commission has adopted and published the 2022 California Fire Code. The purpose of the code is to regulate and govern the safeguarding of life and property from fire and explosion hazards arising from the storage, handling, and use of hazardous substances, materials, and devices, and from conditions hazardous to life or property in the occupancy of buildings and premises.

Health and Safety Code section 17958.5 and 18941.5 authorize a local jurisdiction to modify or change the statewide codes and establish more restrictive building standards if the jurisdiction finds that the modifications and changes are reasonably necessary because of local climatic, geological, or topographical conditions.

Ordinance No. 2022-34 adopts the 2022 California Fire Code and amends it to address local conditions. Pursuant to Sections 17958.5 and 17958.7 of the Health and Safety Code, the Contra Costa County Board of Supervisors, in its capacity as the Board of Supervisors and the Board of Directors of the Contra Costa County Fire Protection District and the Crockett-Carquinez Fire Protection District, finds that the more restrictive standards contained in Ordinance No. 2022-34 are reasonably necessary because of certain local climatic, geological, and topographic conditions that are described below.

Local Conditions
A. Climatic

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

Additionally, the area is subject to occasional drought. Relative humidity remains in the middle range most of the time. It ranges from 45-65% during spring, summer, fall, and from 60-90% in the winter. It occasionally falls as low as 15%.
(b) Impact

9.2.b
Packet Pg. 210 Attachment: Proposed Fire Code Ordinance (Building and Fire Code Introduction) 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
(a) Conditions
Temperatures have been recorded as high as 114° F. Average summer highs are in the 90° range, with average maximums of 105° F.
(b) Impact
High temperatures cause rapid fatigue and heat exhaustion of firefighters, thereby reducing their effectiveness and ability to control large building and wildland fires.

Another impact from high temperatures is that combustible building material and non-irrigated weeds, grass, and brush are preheated, thus causing these materials to ignite more readily and burn more rapidly and intensely.

Additionally, the resultant higher temperature of the atmosphere surrounding the materials reduces the effectiveness of the water being applied to the burning materials. This requires that more water be applied, which in turn requires more Fire 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
(a) Conditions
Prevailing winds in the area are from the south or southwest in the mornings and from the north or northwest in the afternoons. However, winds are experienced from virtually every direction at one time or another. Velocities are generally in the 14 mph to 23 mph 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.
(b) Impact
Winds such as those experienced locally can and do cause fires, both interior and exterior, to burn and spread rapidly. Fires involving non-irrigated weeds, grass, and brush can grow to a magnitude and be fanned to intensity beyond

9.2.b
Packet Pg. 211 Attachment: Proposed Fire Code Ordinance (Building and Fire Code Introduction) the control capabilities of the Fire District very quickly even by relatively moderate winds. During wood shake and shingle roof fires, or exposure fires, winds can carry sparks and burning brands to other structures, thus spreading the fire and causing conflagrations. When such fires are not controlled, they can extend to nearby buildings, particularly those with untreated wood shakes or shingles. In building fires, winds can literally force fires back into the building and can create a blow torch effect, in addition to preventing “natural” ventilation and cross-ventilation efforts.

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

B. Geological and Topographic

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

A 4.1 earthquake with its epicenter in Concord occurred in 1958, and a 5.4 earthquake with its epicenter also in Concord occurred in 1955. The Concord and Antioch faults have a potential for a Richter 6 earthquake and the Hayward and Calaveras faults have the potential for a Richter 7 earthquake.

Minor tremblers from seismic activity are not uncommon in the area.

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

9.2.b
Packet Pg. 212 Attachment: Proposed Fire Code Ordinance (Building and Fire Code Introduction) and Alamo; and the East, which includes the Cities of Antioch and Pittsburg and the community of Bay Point.

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

Interstates 80 and 680, State Highways 4, 24, and 242, Bay Area Rapid Transit District (BART), and major thoroughfares travel throughout the District.

There are 2 major rail lines which run through the District. An overpass or underpass crossing collapse would alter the response route and time for responding emergency equipment. This is due to the limited crossings of the major highways and rail lines.

Earthquakes of the magnitude experienced locally can cause major damage to electrical transmission facilities, which, in turn, cause power failures while at the same time starting fires throughout the Fire District. The occurrence of multiple fires will quickly deplete existing fire district resources; thereby reducing and/or delaying their response to any given fire. Additionally, without electrical power, elevators, smoke management systems, lighting systems, alarm systems, and other electrical equipment urgently needed for building evacuation and fire control in large buildings without emergency generator systems would be inoperative, thereby resulting in loss of life and/or major fire losses in such buildings.
(b) 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.

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

Throughout the 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

9.2.b
Packet Pg. 213 Attachment: Proposed Fire Code Ordinance (Building and Fire Code Introduction) 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.

3. Topographic
(a) Conditions
(i) 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.
(ii) Surface Features
The arrangement and location of natural and manmade surface features, including hills, creeks, canals, freeways, housing tracts, commercial development, fire stations, streets, and roads, combine to limit efficient response routes for Fire District resources into and through many areas.
(iii) Buildings, Landscaping and Terrain
Many of the “newer” large buildings and building complexes have access and landscaping features or designs which preclude, or greatly limit, 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.

9.2.b
Packet Pg. 214 Attachment: Proposed Fire Code Ordinance (Building and Fire Code Introduction) (b) Impact
The above local 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 extents of isolation due to bridge and/or freeway overpass collapse.

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

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

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

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

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

Necessity for More Restrictive Standards
Because of the conditions described above, the Contra Costa County Board of Supervisors, in its capacity as the Board of Supervisors and the Board of Directors of the Contra Costa County Fire Protection District and the Crockett-Carquinez Fire Protection District, finds that there are building and fire hazards unique to Contra Costa County that requires the increased fire protection requirements set forth in Ordinance No. 2022-34.

The ordinance amends Chapter 1 (Scope and Administration) of the statewide Fire Code by requiring a permit for certain activities and operations that pose fire hazards. The ordinance amends Chapter 2 (Definitions) to provide clarity on wildland firefighting and preparedness terminology. The ordinance amends Chapter 4 of the statewide Fire Code (Emergency Planning and Preparedness) to require standby EMS personnel for large events as well as standby fire personnel to account for the fact that the fire district is both the local fire and EMS provider. The ordinance amends the statewide Fire Code by reducing the square footage thresholds found in Chapter 9 (Fire Protection and Life Safety Systems) for installation of automatic fire sprinkler systems in most commercial buildings and in private and charter schools. The definition of Substantial Addition and Alteration is also changed to align with the other fire districts for consistency on the interpretation. The ordinance amends Chapter 5 (Fire Service Features) and Appendix D (Fire Apparatus Access Roads) of the statewide Fire Code to establish requirements for fire apparatus access roads. The ordinance amends Chapter 33 (Fire Safety During Construction and Demolition) to define the additional site security requirements that could be required if deemed necessary by the building official and fire official

9.2.b
Packet Pg. 215 Attachment: Proposed Fire Code Ordinance (Building and Fire Code Introduction) from arson fires or hazards occurring within the jurisdiction. The ordinance also amends Chapter 50 (Hazardous Materials) and Chapter 57 (Flammable and Combustible Liquids) provides the ability to the fire official to require a risk assessment stamped by a fire protection engineer, if the facility manager is unable to provide accurate risk assessment of the facility to include all hazardous materials stored onsite.

9.2.b
Packet Pg. 216 Attachment: Proposed Fire Code Ordinance (Building and Fire Code Introduction)

14.05.080 Amendments to the California Fire Code
Municipal Code CFC Section Substance of Amendment Findings Section Added or
Amended
(full text in Ordinance No. ____)

14.05.080 101.1 Title Admin
102.1 Add Item 5 Admin
105.5 Required operational permits Admin
105.5.33 Motor fuel dispensing facilities,
operational permit required
Admin
105.5.40 Cannabis/Plant Extraction Related
System(s)/Operations
Admin
105.5.52 Wood products Admin
105.5.55–
105.5.63
Additional permit requirements for
miscellaneous operations
Admin
105.6 Required construction permits Admin
105.6 Add sections 105.6.25 through 105.6.29
related to miscellaneous plans, permits
Admin
105.7 Responsibility of permittee Admin
112.4 Violation penalties Admin
202 Definitions Admin

9.2.b
Packet Pg. 217 Attachment: Proposed Fire Code Ordinance (Building and Fire Code Introduction) 304.3.5 Clothes dryers 1a, 1b, 2a,
3a, 3b
308.1.4 Exception 1 added for residential
occupancies
1a, 1b, 2a,
3a, 3b
324 Add Section 324, “Exterior Fire Hazard
Control”
1a, 1b, 2a,
3a, 3b
325 Add Section 325, “Automobile
Wrecking Yards”
1a, 1b, 2a,
3a, 3b
401.5.1 Nuisance Fire Alarm Fee Admin
401.10 Aerial Pre-Plans Admin
403.11.1 Standby personnel Admin, 1a,
1b, 2a, 3a,
3b
503.1.4 Access to Open Spaces 1a, 1b, 2a,
3a, 3b
503.1.5 Existing Fire Trail Systems shall be
Maintained
Admin, 1a,
1b, 2a, 3a,
3b
503.2.1 Exception added re driveway minimum
width for single family dwellings
1a, 1b, 2a,
3a, 3b
505.3 Street names and addressing Admin
605.3.1 Spark Arrestors 1a, 1b, 2a,
3a, 3b
901.6.3 Records Admin
902 Add “Substantial Addition” and
“Substantial Alteration”
Admin

9.2.b
Packet Pg. 218 Attachment: Proposed Fire Code Ordinance (Building and Fire Code Introduction) 903.2.1.1 Group A-1 1a, 1b, 2a,
3a, 3b
903.2.1.3 Group A-3 1a, 1b, 2a,
3a, 3b
903.2.1.4 Group A-4 1a, 1b, 2a,
3a, 3b
903.2.2 Group B 1a, 1b, 2a,
3a, 3b
903.2.3 Group E 1a, 1b, 2a,
3a, 3b
903.2.4 Group F-1 1a, 1b, 2a,
3a, 3b
903.2.4.4 Group F-2 1a, 1b, 2a,
3a, 3b
903.2.7 Group M 1a, 1b, 2a,
3a, 3b
903.2.8 Group R 1a, 1b, 2a,
3a, 3b
903.2.8.1.1 Group R-3 Substantial Addition or
Expansion
1a, 1b, 2a,
3a, 3b
903.2.9 Group S-1 1a, 1b, 2a,
3a, 3b
903.2.9.1 Repair garages 1a, 1b, 2a,
3a, 3b
903.2.10 Group S-2 1a, 1b, 2a,
3a, 3b
903.3.1.1.4 Undeclared use 1a, 1b, 2a,
3a, 3b

9.2.b
Packet Pg. 219 Attachment: Proposed Fire Code Ordinance (Building and Fire Code Introduction) 903.3.1.3 Sprinkler systems for one and two
family dwellings
1a, 1b, 2a,
3a, 3b
903.3.1.3.1 Pipe limitations 1a, 1b, 2a,
3a, 3b
903.3.5.3 Non-permissible water supply storage 1a, 1b, 2a, 3a, 3b
903.3.9 Floor control valves 1a, 1b, 2a,
3a, 3b
903.4.2 Alarms 1a, 1b, 2a,
3a, 3b
903.6.1–903.6.2 Substantial Addition or Expansion;
Change of Occupancy Classification
1a, 1b, 2a,
3a, 3b
907.4.4 Monitoring of Other Fire Systems 1a, 1b, 2a,
3a, 3b
907.5.2.3.1 Public and common areas 1a, 1b, 2a,
3a, 3b
907.6.6 Monitoring of Fire Alarm Systems 1a, 1b, 2a,
3a, 3b
907.6.7 Certification Admin
907.6.7.1 Posting of Certificate Admin
1028.5.1 Exit Discharge Surface 1a, 1b, 2a,
3a, 3b
3301.1.2 Amendments Admin
3301.1.3 Site Security Requirements Admin

9.2.b
Packet Pg. 220 Attachment: Proposed Fire Code Ordinance (Building and Fire Code Introduction) 3319 Asbestos removal Admin, 1a,
1b, 2a, 3a,
3b
5001.5.1, Items 10
and 11
Add items 10 and 11 Admin, 1a,
1b, 2a, 3a,
3b
5001.5.3 Emergency response support
information
Admin
5003.9.1.2 Documentation Admin
5601.1.3 Fireworks 1a, 1b, 2a,
3a, 3b
5601.2.2 Sale and retail display 1a, 1b, 2a,
3a, 3b
5601.2.4 Financial responsibility Admin
5703.3.1 Facility site Fire/Explosion/Hazardous
Material Release Analysis Assessment
Admin, 1a,
1b, 2a, 3a, 3b
5704.2.9.6.1 Locations where above-ground tanks
are prohibited
1a, 1b, 2a,
3a, 3b
5706.2.4.4 Locations where above-ground tanks
are prohibited
1a, 1b, 2a,
3a, 3b
5806.2 Limitation 1a, 1b, 2a,
3a, 3b
6103.2.1.7 Use for food preparation 1a, 1b, 2a,
3a, 3b
6104.2 Maximum capacity within established
limits
1a, 1b, 2a,
3a, 3b
Chapter 80
NFPA 13D, §§

7.7.1, 8.3.5.1.2
NFPA 13D (2022) new section 7.7.1
regarding CPVC pipe installation in
unconditioned space, fuel-fired
equipment below or on same level as
dwelling unit
1a, 1b, 2a,
3a, 3b

9.2.b
Packet Pg. 221 Attachment: Proposed Fire Code Ordinance (Building and Fire Code Introduction) Table B105.2 TABLE B105.2 Required Fire-Flow for
Buildings Other Than One- and TwoFamily Dwellings, Group R-3 and R-4 Buildings and Townhouses
1a, 1b, 2a,
3a, 3b
B105.2 Amend Exceptions 1 and 2 of Section
B105.2
1a, 1b, 2a,
3a, 3b
Table C102.1 Amend title, heading of fourth column
of Table C102.1
Admin, 1a,
1b, 2a, 3a,
3b
D102.1 Access and loading 1a, 1b, 2a,
3a, 3b
103.2 Grade 1a, 1b, 2a,
3a, 3b
103.2.1 Angles of approach and departure 1a, 1b, 2a,
3a, 3b
103.3 Turning radius 1a, 1b, 2a,
3a, 3b
Table D103.4 Table 103.4 Requirements for DeadEnd Fire Apparatus Access Roads1a, 1b, 2a, 3a, 3b

9.2.b
Packet Pg. 222 Attachment: Proposed Fire Code Ordinance (Building and Fire Code Introduction) CONTRA COSTA COUNTY FIRE PROTECTION DISTRICT .
4005 Port Chicago Highway, Suite 250 • Concord, CA 94520-1180 Telephone: (925) 941-3300 • Fax: (925) 941-3309 • www.cccfpd.org 000.

TO: Geoff Simmons
FROM: Chris Bachman
DATE: 11/03/22
RE: Fire Code Ordinance Update
The attached ordinance amends the 2022 California Fire Code, the following chapters have additional changes from the current 2019 Fire Code Ordinance 2019-37:

Chapter 2 (Definitions) has additional amendments to provide clarity on wildland firefighting and preparedness terminology.

Chapter 4 (Emergency Planning and Preparedness) is amended to now add Aerial PrePlans for new construction projects if required by the fire official.

Chapter 9 (Fire Protection and Life Safety Systems) is amended to (1) change the definition of Substantial Addition and Alteration to align with the other fire districts for consistency on the interpretation; and (2) to establish automatic sprinkler system requirements that are more restrictive than the sprinkler requirements in the statewide code.

Chapter 33 (Fire Safety During Construction and Demolition) is amended to define the additional site security requirements that could be required if deemed necessary by the building official and fire official from arson fires or hazards occurring within the jurisdiction.

Chapter 50 (Hazardous Materials) and Chapter 57 (Flammable and Combustible Liquids) are amended to provide the fire official with the ability to require a risk assessment stamped by a fire protection engineer if the facility manager is unable to provide accurate risk assessment of the facility to include all hazardous materials stored onsite.

Previously, the fire districts’ existing weed abatement program was incorporated into Section 321 of the ordinance. This program authorizes the fire districts to declare certain weeds that pose a fire hazard as a public nuisance, to abate those weeds, and to recover abatement costs from property owners. Presently, a stand-alone ordinance is being drafted to address the fire districts’ weed abatement program. This ordinance will be brought to the Fire Board of Directors for adoption in early 2023.

Additional redline changes were administrative from code sections changing or spelling errors.

9.2.c
Packet Pg. 223 Attachment: CCC Fire Protection District Report (Building and Fire Code Introduction)

CITY COUNCIL STAFF REPORT
Meeting Date: November 07, 2022
TO: THE HONORABLE MAYOR AND CITY COUNCILMEMBERS
SUBJECT: ADOPT RESOLUTION NO. ___ - 22 ACCEPTING BID, AWARDING A

CONSTRUCTION CONTRACT AND AUTHORIZING THE CITY

MANAGER TO EXECUTE A CONSTRUCTION CONTRACT WITH

NORGO ENGINEERING FOR THE DIABLO VIEW ROAD AND

PLEASANT HILL ROAD STORM DRAIN IMPROVEMENTS, PROJECT
NO. 22-05

SYNOPSIS
The Diablo View Road & Pleasant Hill Road Storm Drain Improvements Project No. 22-05 will provide storm drain improvements at the intersection of Diablo View Road and Pleasant Hill Road, as well as Diablo View Road to the Barnett Circle intersection. The purpose of this item is to request that the City Council accept the lowest responsive, responsible bid and award a construction contract for the Diablo View Road & Pleasant Hill Road Storm Drain Improvements, Project No. 22-05; and authorize the City Manager to execute a construction contract with Norgo Engineering.

DISCUSSION
Background
The Storm Drain Improvement Program identified in the 2022 – 2027 Capital Improvement Plan (CIP) funds the installation of new storm drain facilities or needed upgrades to existing facilities.

Projects that are funded through this program are implemented per the City’s Storm Drain Improvement Priority List, which addresses locations of poor drainage or areas with localized flooding problems. Projects are prioritized to favor projects with low-cost improvements that have a substantial impact on reducing localized flooding. The Diablo View Road & Pleasant Hill Road Storm Drain Improvements Project No. 22-05 was identified on the Priority List and focused on the installation of a new storm drain system at the Diablo View Road and Pleasant Hill Road intersection and other miscellaneous storm drain improvements that will benefit the neighborhood surrounding Diablo View Road and Pleasant Hill Road.

Project highlights included installation of new:
 810 linear feet of 18-inch HDPE storm drain pipe along Diablo View Road and Pleasant Hill Road

9.3 Packet Pg. 224
 3 each Type I manhole & base
 1 each Type II manhole & base
 1 each Type G drain inlet & base
 2 each Type J drain inlet & base
 1,375 square feet of additional asphalt concrete
 Restoration of existing roadside swale
 Restoration of traffic striping and traffic signs
This Project is included in the FY 2022-2027 Capital Improvement Plan (CIP) (Project CP-22-1).

It is funded through American Rescue Plan Act of 2021 (ARPA).

Analysis
The Notice Inviting Bids was sent to the construction exchanges on September 23, 2022, and the Project was advertised in the East Bay Times newspaper on September 22, 2022. Ten bids were received and publicly read on Wednesday, October 26, 2022, at 2:00 p.m. at the Engineering Division Counter at City Hall.

Per project bid documents, the City will base the project award on the lowest responsive, responsible bid. The following table summarizes the bid amounts. The low bid is marked in bold.

Company Total Bid

1. Norgo Engineering $341,150.00

2. A3 Pipeline $375,525.00

3. Kerex Engineering $387,045.00

4. FJ&I Engineering $389,350.00

5. Koios Engineering $427,510.00

6. Central Pacific Engineering $444,400.00

7. Paulson Cox Construction $451,000.00

8. Golden Bay Construction $458,304.00

9. Ghilotti Bros Inc. $494,525.00

10. Burch Construction $629,375.00
Average of Ten Bids Received $439,818.40
Engineer’s Estimate (EE) $430,000.00
Norgo Engineering’s bid of $341,150.00 is 22% lower than the average bid of $439,818.40. The CEO of Norgo Engineering has reviewed the full bid results and verified his prices. The Contractor is ready to begin construction this winter and complete the Project by the beginning of 2023.

9.3 Packet Pg. 225
Norgo Engineering has recently completed similar projects including storm/sewer main pipelines, manholes, drain inlets and concrete work for the Town of Hillsborough and City of Hayward in 2022. Representatives from both agencies confirm that Norgo Engineering’s work was excellent.

Staff believes the Contractor’s team has the experience and professional competency that will result in a satisfactory product for the City.

Norgo Engineering’s bid proposal documentation is complete, and staff has determined them to be the lowest responsive, responsible bidder. Bidding rules require that the City Council award the construction contract to the lowest responsive, responsible bidder or reject all bids. Staff recommends the City Council award the construction contract to Norgo Engineering.

FISCAL IMPACT
The project construction cost is $341,150.00. Staff recommends including a construction contingency of fifteen percent (15%) or $51,172.50 for unforeseen conditions during construction.

The total construction cost is not to exceed $392,322.50. Construction Management will be performed by Engineering Division staff not to exceed $25,000.00. Project funding is summarized in the table below:

Revenues Projected Expenses
ARPA $620,000 Construction Contract $341,150.00
Contingency (15%) $51,172.50
Construction Management $25,000.00
Total $620,000 Total $417,322.50
No General Fund money is requested for the construction of the Project. Engineering Division staff has confirmed with the Finance Department that monies are available for construction of this Project.

PUBLIC CONTACT
Public contact was made through posting of the City Council agenda on the City’s official notice bulletin board, at the Pleasant Hill Senior Center and at the Pleasant Hill Police Department. The agenda and staff report are posted on the City’s web page.

RECOMMENDED CITY COUNCIL ACTION
Adopt a resolution to accept the bid and award a construction contract (Agreement attached – Exhibit 1) for the Diablo View Road & Pleasant Hill Road Storm Drain Improvements, Project No. 22-05, and authorize the City Manager to execute a construction contract with Norgo Engineering.

9.3 Packet Pg. 226

ALTERNATIVES TO RECOMMENDED ACTION
Reject all current bids and rebid the project construction, which would likely result in higher bids as the current lowest responsive, responsible bidder is ready to perform the work this fall.

ATTACHMENT(S):

Proposed Resolution
Exhibit 1 - Contractor Agreement
Exhibit 2 – Project Location Map
Prepared by: Omar Adina, Assistant Engineer
Reviewed by: Ananthan Kanagasundaram, City Engineer
Approved by: June Catalano, City Manager

9.3 Packet Pg. 227
RESOLUTION NO. -22

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLEASANT HILL

ACCEPTING BID AND AWARDING A CONSTRUCTION CONTRACT FOR THE DIABLO VIEW ROAD & PLEASANT HILL ROAD STORM DRAIN IMPROVMENTS PROJECT NO. 22-05; AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONSTRUCTION

CONTRACT WITH NORGO ENGINEERING
WHEREAS, the City has adopted the FY 2022–2027 Capital Improvement Plan (CIP), which includes the Diablo View Road & Pleasant Hill Road Storm Drain Improvements Project No. 22-05, (Project CP-22-1 in the CIP) as a funded project; and
WHEREAS, the Diablo View Road & Pleasant Hill Road Storm Drain Improvements Project No. 22-05 will address locations of poor drainage and areas with localized flooding problems; and WHEREAS, the City will be utilizing the American Rescue Plan Act of 2021 (ARPA) funding for project construction; and
WHEREAS, the Zoning Administrator has determined that the Diablo View Road & Pleasant Hill Road Storm Drain Improvements Project No. 22-05 is categorically exempt from environmental review under the California Environmental Quality Act pursuant to California Code of Regulations Title 14, Chapter 3, Section 15301 as a Class 1 categorical exemption (operation, repair, maintenance, or minor alteration of existing public facilities involving negligible or no expansion of use occurring within the City public right-of-way) in compliance with the Complete Streets Act of 2008; and
WHEREAS, on November 2, 2022, the Notice of Exemption was filed with the County Clerk of Contra Costa County; and
WHEREAS, on October 26, 2022, at 2:00 p.m., Engineering staff publicly opened and examined the sealed bids for the Diablo View Road & Pleasant Hill Road Storm Drain Improvements Project No. 22-05; and
WHEREAS, the City Engineer has determined that Norgo Engineering is the lowest responsive, responsible bidder.

NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Pleasant Hill as follows:

1. Norgo Engineering’s bid of $341,150.00 is found to be the lowest responsive, responsible bid and is accepted by the City Council at the unit prices set forth in the bid. This bid is on file in the Community Development Department and incorporated herein by this reference as though set forth in full.

2. A project construction budget of $341,150.00 and a project contingency of 15% in the amount

9.3.a
Packet Pg. 228 Attachment: Proposed Resolution (Diablo View Road & Pleasant Hill Road Storm Drain Improvements Project) of $51,172.50 are authorized by the City Council at the unit prices set forth in Norgo Engineering’s bid.

3. A project construction management funds in the amount of $25,000 is authorized by the City Council for engineering staff time.

4. The City Manager is authorized to execute a construction contract with Norgo Engineering for the Diablo View Road & Pleasant Hill Road Storm Drain Improvements Project No. 22- 05, in a form to be approved by the City Attorney.

ADOPTED by the City Council of the City of Pleasant Hill at a regular meeting held on the 7th day of November 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________________
MICHAEL G. HARRIS, OD, Mayor
ATTEST:

DANIELLE K. NAVARRO, City Clerk

9.3.a
Packet Pg. 229 Attachment: Proposed Resolution (Diablo View Road & Pleasant Hill Road Storm Drain Improvements Project) City of Pleasant Hill
Minor Storm Drain Improvements
Diablo View Road & Pleasant Hill Road
Project No. 22‐05
‐40‐  00 52 13 ‐ CONTRACT
00 52 13 – CONTRACT
This CONTRACT, No. ________ is made and entered into this ____ day of _______, ______, by and between City of Pleasant Hill, sometimes hereinafter called “City,” and _______________________________________________, sometimes hereinafter called “Contractor.” WITNESSETH:  That the parties hereto have mutually covenanted and agreed, and by these presents do covenant and agree with each other as follows:
a. SCOPE OF WORK.   The Contractor shall perform all Work within the time stipulated in the Contract, and shall provide all labor, materials, equipment, tools, utility services, and transportation to complete all of the Work required in strict compliance with the Contract Documents asspecified in Section (e), below, for the following Project:

MINOR STORM DRAIN IMPROVEMENTS ‐ DIABLO VIEW ROAD & PLEASANT HILL ROAD PROJECT NO. 22‐05
The Contractor and its surety shall be liable to the City for any damages arising as a result of the Contractor’s failure to comply with this obligation.
b. TIME FOR COMPLETION.  Time is of the essence in the performance of the Work.  The Work shall be commenced on the date stated in the City’s Notice to Proceed. The Contractor shall complete all Work required by the Contract Documents within   twenty‐five (25) working days from the commencement date stated in the Notice to Proceed. By its signature hereunder, Contractor agrees the time for completion set forth above is adequate and reasonable to complete the Work. c. CONTRACT PRICE.  The City shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum of
____________________________________________________________________ Dollars ($_________________________________). Paymentshall be made asset forth in the General Conditions. d. LIQUIDATED DAMAGES.  In accordance with Government Code section 53069.85, it is agreed that the Contractor will pay the City the sum set forth in Section 00 73 13, Article 1.11  for each and every calendar day of delay beyond the time prescribed in the Contract Documents for finishing the Work, as Liquidated Damages and not as a penalty or forfeiture. In the event this is not paid, the Contractor agrees the City may deduct that amount from any money due or that may become due the Contractor under the Contract. This Article does not exclude recovery of other damages specified in the Contract Documents. e. COMPONENT PARTS OF THE CONTRACT.  The “Contract Documents” include the following:

Notice Inviting Bids
Instructions to Bidders
Norgo Engineering
341,150
three hundred forty one thousand, one hundred fifty
EXHIBIT 1 9.3.b
Packet Pg. 230 Attachment: Exhibit 1 - Contract Agreement - Project 22-05 (Diablo View Road & Pleasant Hill Road Storm Drain Improvements Project) City of Pleasant Hill
Minor Storm Drain Improvements
Diablo View Road & Pleasant Hill Road
Project No. 22‐05
‐41‐  00 52 13 ‐ CONTRACT
Bid Form
Bid Bond
Designation of Subcontractors
Information Required of Bidders
Non‐Collusion Declaration Form
Iran Contracting Act Certification
Public Works Contractor Registration Certification
Performance Bond
Payment (Labor and Materials) Bond
General Conditions
Special Conditions
Technical Specifications
Addenda
Plans and Drawings
Standard Plans and Specifications of the State of California (Caltrans), latest edition and addendums
California Manual on Uniform Traffic Control Devices (CA MUTCD), latest edition and addendums Contra Costa County Public Works and Community Development Department Standard Plans, March 2014 edition, including latest revisions and addendums Stormwater Best Management Practice Handbook (Municipal), 2003 edition, California Stormwater Quality Association
California Occupational Safety and Health Administration (CAL OSHA) Approved and fully executed change orders
Any other documents contained in or incorporated into the Contract The Contractor shall complete the Work in strict accordance with all of the Contract Documents.

All of the Contract Documents are intended to be complementary.  Work required by one of the Contract Documents and not by others shall be done as if required by all.  This Contract shall supersede any prior agreement of the parties.
f. PROVISIONS REQUIRED BY LAW AND CONTRACTOR COMPLIANCE.  Each and every provision of law required to be included in these Contract Documentsshall be deemed to be included in these Contract Documents.  The Contractor shall comply with all requirements of applicable federal, state and local laws, rules and regulations, including, but not limited to, the provisions of the California Labor Code and California Public Contract Code which are applicable to this Work. g. INDEMNIFICATION.   Contractor shall provide indemnification and defense as set forth in the General Conditions.
h. PREVAILING WAGES.   Contractor shall be required to pay the prevailing rate of wages in accordance with the Labor Code which such rates shall be made available at the City’s Administrative Office or may be obtained online at http://www.dir.ca.gov and which must be posted at the job site. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]

9.3.b
Packet Pg. 231 Attachment: Exhibit 1 - Contract Agreement - Project 22-05 (Diablo View Road & Pleasant Hill Road Storm Drain Improvements Project)

9.3.b
Packet Pg. 232 Attachment: Exhibit 1 - Contract Agreement - Project 22-05 (Diablo View Road & Pleasant Hill Road Storm Drain Improvements Project) Exhibit 2

PROJECT LOCATION MAP
Diablo View Road & Pleasant Hill Road Storm Drain Improvements Project

9.3.c
Packet Pg. 233 Attachment: Exhibit 2 - Project Location Map (Diablo View Road & Pleasant Hill Road Storm Drain Improvements Project)