Agenda packet — Pleasant Hill City Council, February 5, 2024

CITY OF PLEASANT HILL

CITY COUNCIL MEETING AGENDA
FEBRUARY 5, 2024
REGULAR MEETING – 7:00 PM
Watch on YouTube at: www.pleasanthillca.org/councilmeeting The public meeting of the City Council will be held in person at City Hall, 100 Gregory Lane, Pleasant Hill, CA 94523.

A Zoom link is provided herewith as a courtesy, but members of the public are advised that they will only have the option to participate via teleconference using the Zoom platform in the event that a member of the legislative body is approved to attend remotely pursuant to the provisions of Assembly Bill 2449. Meeting link: www.zoom.us; Meeting ID: 832 2291 4910; Passcode: 522488 For information on Public Participation Options see below.

City Council Meeting Agenda Page 1 February 5, 2024
Council Chambers, 100 Gregory Lane, Pleasant Hill, CA 94523 Telephone (925) 671-5267

MAYOR MATTHEW RINN COUNCILMEMBER TIMOTHY FLAHERTY

VICE MAYOR SUE NOACK COUNCILMEMBER ZAC SHESS

COUNCILMEMBER ALLEN VINSON
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), members of the public may attend the meeting in person and 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 refer to the Providing Accessible Communication to the Public Under the Americans with Disabilities Act and AB 2449 document online at www.pleasanthillca.org/accessiblecommunications and contact the ADA Coordinator 48 hours in advance of the meeting at (925) 671-5267 or via California Relay at 711.

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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 925-671-5267.

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.

1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE

3. ROLL CALL

4. CLOSED SESSION REPORT

5. PRESENTATIONS

5.1 Introduction of Education Commissioner Anne Launt

5.2 Update on Pleasant Hill Recreation and Park District Programs

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

7. COUNCIL ANNOUNCEMENTS AND REPORTS

7.1 Reports from Councilmembers on Meetings or Conferences Attended at City Expense (A) Contra Costa Mayors Conference Hosted by the City of El Cerrito on February 1, 2024 (B) Other Meetings Attended at City Expense

7.2 Announcements from Councilmembers

8. 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.

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9. 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.

9.1 Approve Minutes for the Regular City Council Meeting of January 22, 2024

9.2 Approve Checks Dated: January 19, 2024; January 26, 2024

9.3 Approve Appointment Recommendations to the Contra Costa County Aviation Advisory Committee, Contra Costa County Iron Horse Corridor Advisory Committee and the Traffic Safety Commission

9.4 Adopt Resolution No. ___-24 Authorizing an Increase in Salary for Diablo Vista Water System Operating Personnel, Including the Chief Engineer, Engineer, Secretary and Dispatcher

9.5 Adopt Resolution No. ___-24 Amending the Conflict of Interest Code and Rescinding Resolution No. 1-22

9.6 Adopt Resolutions No. ___-24 with TRB and Associates and No. ___-24 with WC3, Inc., Each Authorizing the City Manager to Execute Professional Services Agreements to Provide Permit Technician, Plan Review, and Inspection Services

9.7 Adopt Resolution No. ___-24 Approving the Pleasant Hill Recreation and Park District Event Sponsorship Proposal for Calendar Year 2024

9.8 Adopt Resolution No. __-24 Approving Continued Participation in the Stormwater Pollution Management Utility District and Authorizing the Contra Costa County Flood Control and Water Conservation District to Adopt the Fiscal Year 2024/25 Stormwater Utility Area Fee for the City of Pleasant Hill

9.9 Adopt Resolutions No. ___-24 with Schaaf & Wheeler and No. ___-24 with Wood Rogers, Each Authorizing the City Manager to Execute Professional Services Agreements to Provide Hydrologic, Hydraulic, and Stormwater On-Call Engineering Services

10. ACTION CALENDAR

10.1 Adopt Resolution No. ___-24 Accepting Funds and Authorizing Expenditures from the California Supplemental Law Enforcement Services Account (SLESA)

10.2 Adopt Resolution No. ___- 24 Accepting the Oak Park Boulevard Sidewalk Gap Closure Project No. 04-23 as Complete and Authorizing the City Engineer to Issue and Record a Notice of Completion and Authorizing a Transfer of Project Savings to the Measure K Fund

11. ADJOURNMENT
Next City Council Meeting: February 26, 2024

CITY COUNCIL STAFF REPORT
Meeting Date: February 05, 2024
TO: THE HONORABLE MAYOR AND CITY COUNCILMEMBERS
SUBJECT: APPROVE MINUTES FOR THE REGULAR CITY COUNCIL MEETING OF JANUARY 22, 2024

RECOMMENDED CITY COUNCIL ACTION
Approve the minutes.

ATTACHMENT(S):

January 22, 2024 – Tentative Minutes
Prepared by: Lyone P. Conner, City Clerk

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MINUTES OF THE
REGULAR MEETING – CITY COUNCIL
January 22, 2024
City Council Meeting Minutes Page 1 January 22, 2024
Mayor Rinn called a Regular Meeting of the City Council to order at 7:00 PM, in the Council Chambers, 100 Gregory Lane, Pleasant Hill, CA, complete proceedings of which were electronically recorded. The meeting agenda was posted on the City Hall outdoor bulletin board at 100 Gregory Lane, Pleasant Hill, CA on November 30, 2023, by Deputy City Clerk Juanita Davalos.

1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE

3. ROLL CALL
Attendee Name Title Status
Matthew Rinn Mayor Present
Sue Noack Vice Mayor Present
Timothy M. Flaherty Councilmember Present
Allen Vinson Councilmember Present
Zac Shess Councilmember Present

4. CLOSED SESSION REPORT
Mayor Rinn reported that there was no closed session this evening and there is nothing to report.

5. PRESENTATIONS

5.1 Award of Appreciation to Jim Bonato for Service on the Measure K Oversight Committee from 2017-2023
Mayor Rinn presented an award of appreciation to Jim Bonato for Service on the Measure K Oversight Committee.

Councilmembers expressed their appreciation to Mr. Bonato for his service.

5.2 Presentation on the Mount Diablo Mitchell Canyon Education Center Gary Parkhurst, Docent, provided an update on the vision for the Mount Diablo Mitchell Canyon Education Center expansion.

6. CITY MANAGER COMMENTS
Ethan Bindernagel, City Manager, reported that:
 Pleasant Hill is offering sandbag stations in three locations, along with pre-filled bag service at selected locations; and
 The annual Mayor’s state of the City presentation will be held on January 31, 2024, and RSVPs may be placed through the Chamber of Commerce; and  Pleasant Hill has four election ballot drop boxes, including a new location at the Pleasant Hill Library

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Attachment: January 22, 2024 – Tentative Minutes (Minutes) City Council Meeting Minutes Page 2 January 22, 2024

7. COUNCIL ANNOUNCEMENTS AND REPORTS

7.1 Reports from Councilmembers on Meetings or Conferences Attended at City Expense
Vice Mayor Noack reported her attendance at the Mayor’s Conference in Antioch, California.

Mayor Rinn also reported his attendance at the Mayor’s Conference.

7.2 Announcements from Councilmembers
Councilmember Vinson reported his attendance at the Lion’s Club Crab Feed; the Rec and Park Community Meeting on the Future of Chilpancingo Park; and he Delivered Meals on Wheels with the County Board of Education President Mike Maxwell.

Vice Mayor Noack reported her attendance at the Lion’s Club Crab Feed and the San Ramon Valley Leadership Academy.

Councilmember Shess reported his attendance at the Economic Development Subcommittee Meeting.

Mayor Rinn reported his attendance at the Lion’s Club Crab Feed; the Pleasant Hill Chamber Mixer at the Hyatt House; and he noted the Mayor’s State of the City presentation scheduled for January 31, 2024.

8. PUBLIC COMMENT
Mayor Rinn opened public comment.

There were no comments from the public.

Mayor Rinn closed public comment.

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

AYES: Flaherty, Noack, Shess, Vinson, Rinn

9.1 Approve Minutes for the Regular City Council Meeting of January 8, 2024

9.2 Approve Checks Dated: January 05, 2024; January 12, 2024

9.3 Accept Update on Contra Costa Transportation Authority and TRANSPAC

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Attachment: January 22, 2024 – Tentative Minutes (Minutes) City Council Meeting Minutes Page 3 January 22, 2024

10. ACTION CALENDAR

10.1 Adopt Resolution No. 3-24 Authorizing Borrowing $60,000 from the City of Pleasant Hill General Fund to Pay for the Contract to Complete the Update to the City of Pleasant Hill General Plan, 2023-2031 Housing Element and Related Zoning Ordinance Amendments
Troy Fujimoto, City Planner, introduced the item and delivered a presentation on the General Plan Contract $60,000 borrowing plan.

Erick Cheung, Finance Manager, answered questions posed by Councilmembers.

No one from the public spoke on the item.

Motion (Noack/Flaherty) to Approve item 10.1, carried as follows:

AYES: Flaherty, Noack, Shess, Vinson, Rinn

10.2 Adopt Resolution No. 4-24 Directing the Preparation and Filing of the 2024/2025 Annual Report for Assessment District 20 (Commercial Area Landscape and Lighting) and Authorizing the City Manager to Execute a Professional Services Agreement with Harris and Associates, Inc., and Resolution No. 5-24 Requesting Consent from the City of Concord for Ordering of Improvements and Assessments of Costs for Benefited Property in Assessment District 20

10.3 Adopt Resolution No. 6-24 Directing the Preparation and Filing of the 2024/2025 Annual Report for Assessment District No. 22 and Authorizing the City Manager to Execute a Professional Services Agreement with Harris and Associates, Inc.

Mayor Rinn introduced agenda items 10.2 and 10.3 together.

Ann James, Public Works Manager, delivered a presentation on the preparation and filing of the 2024/2025 annual report for both Assessment Districts 20 and 22. She also presented on the professional services agreement with Harris and Associates, Inc.

No one from the public spoke on either item 10.2 or 10.3.

Motion (Flaherty/Noack) to Approve item 10.2, carried as follows: AYES:

FLAHERTY, NOACK, SHESS, VINSON, RINN
Motion (Noack/Vinson) to Approve item 10.3, carried as follows:

AYES: Flaherty, Noack, Shess, Vinson, Rinn

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Attachment: January 22, 2024 – Tentative Minutes (Minutes) City Council Meeting Minutes Page 4 January 22, 2024

11. ADJOURNMENT
Mayor Rinn adjourned the meeting at 8:11 p.m. The next Regular City Council meeting will be held on Monday, February 5, 2024, beginning at 7:00 p.m.

LYONE P. CONNER, CITY CLERK

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Attachment: January 22, 2024 – Tentative Minutes (Minutes)

CITY COUNCIL STAFF REPORT
Meeting Date: February 05, 2024
TO: THE HONORABLE MAYOR AND CITY COUNCILMEMBERS
SUBJECT: APPROVE CHECKS DATED: JANUARY 19, 2024; JANUARY 26, 2024

RECOMMENDED CITY COUNCIL ACTION
Approve the check register.

ATTACHMENT(S):

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

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Attachment: Check Register (Check Register)

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Attachment: Check Register (Check Register)

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Attachment: Check Register (Check Register)

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Attachment: Check Register (Check Register)

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Attachment: Check Register (Check Register)

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Attachment: Check Register (Check Register)

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Attachment: Check Register (Check Register)

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Attachment: Check Register (Check Register)

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Attachment: Check Register (Check Register)

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Attachment: Check Register (Check Register)

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Attachment: Check Register (Check Register)

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Attachment: Check Register (Check Register)

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Attachment: Check Register (Check Register)

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Attachment: Check Register (Check Register)

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Attachment: Check Register (Check Register)

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Attachment: Check Register (Check Register)

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Attachment: Check Register (Check Register)

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Attachment: Check Register (Check Register)

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Attachment: Check Register (Check Register)
100 Gregory Lane, Pleasant Hill, CA 94523-3323 – (925) 671-5270 www.pleasanthillca.org

MEMORANDUM
TO: City Councilmembers
FROM: Interview and Nominating Committee
Councilmember Tim Flaherty, Councilmember Allen Vinson
DATE: February 5, 2024
SUBJECT: Approve Appointment Recommendations to the Contra Costa County Aviation Advisory Committee, Contra Costa County Iron Horse Corridor Advisory Committee and the Traffic Safety Commission
The Interview and Nominating Committee recommends the following appointments and requests the City Council’s confirmation:

APPOINTMENTS TERMS/EXPIRATION DATES
Contra Costa County Aviation Advisory
Committee
Recommendation to County Board of Supervisors
(BOS)
Richard Celestre (reappointment) Three-year term; March 1, 2024 through February 28, 2027
Contra Costa County Iron Horse Corridor
Advisory Committee
Recommendation to County BOS
Usama Farradj (reappointment) Modify two-year term to four-year term to align with other Committee appointments; through
January 31, 2028.

Ben Guthrie (new, alternate) Recommend BOS add alternate position.

Four-year term through January 31, 2028.

Traffic Safety Commission
Paul Maxwell (reappointment) Four-year term; March 1, 2024 through February 29, 2028.

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CITY COUNCIL STAFF REPORT
Meeting Date: February 05, 2024
TO: THE HONORABLE MAYOR AND CITY COUNCILMEMBERS
SUBJECT: ADOPT RESOLUTION NO. ___-24 AUTHORIZING AN INCREASE IN

SALARY FOR DIABLO VISTA WATER SYSTEM OPERATING

PERSONNEL, INCLUDING THE CHIEF ENGINEER, ENGINEER,

SECRETARY AND DISPATCHER

SYNOPSIS
The Diablo Vista Water System (DVWS) Advisory Board (Board) is requesting that the City Council approve a salary rate increase for the Chief Engineer, Engineer, Board Secretary, and Dispatcher.

The Budget Committee reviewed the DVWS Advisory Board’s proposal at its meeting of January 23, 2024, and approved forwarding a recommendation to the City Council to approve the proposed salary rate increase.

DISCUSSION
Background
The Diablo Vista County Water System was formed in 1950 to provide untreated canal water for irrigation to 475 homes in the area bounded roughly by Oak Park Boulevard, the Contra Costa Canal, Boyd Road, and Patterson Boulevard known locally as “Poets’ Corner.” In 1963, the Diablo Vista County Water District merged with the newly incorporated City of Pleasant Hill and changed its name to Diablo Vista Water System (“DVWS”). The City of Pleasant Hill administers the affairs of DVWS, with the advice and recommendations of the DVWS Advisory Board (Board).

The three-person Board is appointed by the City Council. DVWS staff are independent contractors and are not employees of the City. The system typically operates from March to November.

In March 2021, as per Resolution No. 18-21, DVWS staff received salary increases from $400 to $500 for the Chief Engineer, from $300 to $375 for the Engineer, from $200 to $250 for the Secretary, and from $100 to $125 for the Dispatcher position. This DVWS operating personnel increase was consistent with the average cost of living percentages in the San Francisco, Oakland, and Hayward Consumer Price Index since the last salary increase (2005 for Chief Engineer, Engineer, and Dispatcher; 2013 for Secretary). The DVWS Advisory Board was

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directed by the City Council to review operating personnel salary every few years.

Analysis
At its December 2023 meeting, the Board considered several increase salary options (see Attachment A) and unanimously voted to increase the salaries of each staff member by 9.25% per position. This increase is consistent with a 3% Cost of Living Adjustment (COLA) for FY21/22, a 3% COLA for FY22/23, and a 3.25% COLA for FY23/24. The increase recommended for each personnel is:

DVWS Staff Position Current Monthly Salary Per
position
Proposed 9.25% increase per
position to Monthly Salary
Chief Engineer $500 $546.25
Engineer $375 $409.69
Engineer $375 $409.69
Secretary $250 $273.12
Dispatcher $125 $136.56
TOTAL $1625 $1,775.31
TOTAL PER YEAR = $19,500 TOTAL PROPOSED PER
YEAR = $21,303.75
The proposed salary increase will impact the current personnel budget by $150.31 per month or $1,775.31 per year if all positions are filled. City staff agrees that the increases are reasonable and appropriate to retain the experienced DVWS staff required to maintain the system. City staff has confirmed with the Finance Division that there are sufficient monies in Fund 81 (DVWS Operating Fund) to support the proposed increase.

The Budget Committee has reviewed the Board’s recommendation for a salary increase for operating personnel and recommends the City Council approve the increase as proposed in the resolution.

The Board will continue to review operating personnel’s salaries and recommend any proposed increases to the City Council.

FISCAL IMPACT
Acceptance of this proposal by the City Council will authorize a pay increase of $1,775.31 per year in operating personnel costs from Fund 81.

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.

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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
Exhibit A - Salary Increase Options Considered
Prepared by: Ann James, Public Works Manager
Reviewed by: Erick Cheung, Finance Manager
Approved by: Ethan Bindernagel, City Manager

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RESOLUTION NO. -24

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

AUTHORIZING AN INCREASE IN SALARIES FOR DIABLO VISTA WATER SYSTEM

CHIEF ENGINEER, ENGINEER, SECRETARY, AND DISPATCHER
WHEREAS, the City Council is authorized to establish compensation for board members and compensation for operating personnel of the Diablo Vista Water System, pursuant to Pleasant Hill Municipal Code Sections 3.40.01F and 13.20.040; and WHEREAS, the DVWS Advisory Board voted unanimously at its December 19, 2023 meeting to recommend an increase to the salaries of DVWS operating personnel by 9.25%; and WHEREAS, The DVWS Advisory Board’s recommended increase of 9.25% is consistent with the average cost of living increases in the San Francisco, Oakland, and Hayward Consumer Price Index since the last salary increase.

NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Pleasant Hill, as follows:

1. The following salaries for Diablo Vista Water System employees shall be implemented effective February 5, 2024, and paid retroactively from January 1, 2024:

Chief Engineer $546.25 per month
Engineer $409.69 per month
Secretary $273.12 per month
Dispatcher $136.56 per month
Meeting Stipend $75.00 per meeting (no change)

2. Resolution No. 59-05, Resolution No. 39-10 and Resolution No. 18-21 are hereby rescinded and superseded.

ADOPTED by the City Council of the City of Pleasant Hill at a regular meeting on the 5th day of February, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_______________________________
MATTHEW RINN, Mayor
ATTEST:
_________________________________
LYONE P. CONNER, City Clerk

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Attachment: Proposed Resolution (DVWS Operating Personnel Salary Increase) STAFF Current Current Monthly
Rate

9.25% COLA
(FY 21/22, 22/23,
23/24)
New Monthly Rate 10% Monthly
Increase

11.7% CPI Increase
(FY21/22, 22/23,
23/24)
Chief Engineer $6,000.00 $500.00 $46.25 $546.25 $50.00 $58.50 Engineer $4,500.00 $375.00 $34.69 $409.69 $37.50 $43.88 Engineer $4,500.00 $375.00 $34.69 $409.69 $37.50 $43.88 Secretary $3,000.00 $250.00 $23.13 $273.13 $25.00 $29.25 Dispatcher $1,500.00 $125.00 $11.56 $136.56 $12.50 $14.63 Personnel Cost PER MONTH $1,625.00 $150.31 $1,775.31 $162.50 $190.13 INCREASE PER YEAR $1,803.75 $1,950.00 $2,281.50
TOTAL COST PER YEAR $19,500.00 $21,303.75 $21,303.75 $21,450.00 $21,781.50

DVWS - OPERATING PERSONNEL PROPOSED SALARY INCREASES

EXHIBIT A

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Attachment: Exhibit A - Salary Increase Options Considered (DVWS Operating Personnel Salary Increase)

CITY COUNCIL STAFF REPORT
Meeting Date: February 05, 2024
TO: THE HONORABLE MAYOR AND CITY COUNCILMEMBERS
SUBJECT: ADOPT RESOLUTION NO. ___-24 AMENDING THE CONFLICT OF INTEREST CODE AND RESCINDING RESOLUTION NO. 1-22

SYNOPSIS
State law requires all public agencies to adopt a conflict of interest code to identify the positions required to file Statements of Economic Interests to disclose certain economic interests. Staff has completed the biennial review of the City’s adopted Conflict of Interest Code and determined that it needs to be amended in order to update the list of designated positions.

DISCUSSION
Background
The Political Reform Act (PRA – Government Code § 81000, et seq.) requires every government agency to review its conflict of interest code biennially to determine if it is accurate, and if necessary, amend the code. The City of Pleasant Hill’s Conflict of Interest Code was most recently amended by Resolution No. 1-22 in January 2022, and designates the positions required to file a Statement of Economic Interests (Form 700) and the categories of interests that must be reported.

The Form 700 is a public document intended to alert public officials and members of the public to the types of financial interests that may create conflicts of interests.

The Fair Political Practices Commission (FPPC) is the body charged with, among other duties, adopting and amending regulations pertaining to the Political Reform Act. Section 18730 of Title 2, Division 6, of the California Code of Regulations provides the FPPC’s Provisions of Conflict of Interest Codes to which the City must adhere in order to comply with the PRA. The Conflict of Interest Code provided for the Council’s consideration meets the requirements of this section.

Analysis
The PRA requires that all conflict of interest codes include three components: the terms of the FPPC’s regulation, the designated positions, and the disclosure categories. The Conflict of Interest Code (Exhibit A to the proposed resolution) that is recommended for Council adoption, satisfies these elements as follows:

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Terms: Given the complexity of the subject matter, the FPPC advises agencies to wholly incorporate FPPC Regulation 18730 by reference in order to ensure adherence to all of its provisions. The City has historically incorporated Regulation 18730 as Appendix A to its Conflict of Interest Code and the practice is continued as Appendix A of Exhibit A of the proposed resolution.

Designated Positions. In accordance with Regulation 18730, a conflict of interest code must specifically list the positions that make or participate in making decisions and thus are subject to the code. Although the positions listed in Government Code § 87200 (such as City Councilmembers and Planning Commissioners) are not required to be included, given that those positions are separately required by the Government Code to file Form 700, the City has historically included all of these positions within the Conflict of Interest Code; Appendix B of Exhibit A continues that tradition.

The proposed Conflict of Interest Code amendments as shown in Appendix B – Conflict of Interest Code Designated Positions:

STAFF AND CONSULTANTS
 Administrative Services Department
o Finance
 adds the “Accounting Manager” classification to the list of designated filers
o Human Resources
 adds the “Chief Human Resources Officer” classification to the list of designated filers
 City Manager Office
 adds the “City Clerk” classification to the list of designated filers
 adds the “Senior Management Analyst/Deputy City Clerk” classification to the list of designated filers
 adds the “Administrative Analyst II” classification to the list of filers
 Community Development Department
 corrects the Community Development and Public Works
Department title to “Community Development Department”
 Public Works
 adds the “Public Works Manager” classification to the list of designated filers

Disclosure Categories: The FPPC states that “[a] primary purpose of the code is to require disclosure of those types of investments, interests in real property, sources of income and business positions that designated positions may affect in their decisionmaking.” Thus, it is necessary to identify the categories of information that each position subject to the code must disclose. These disclosure categories are included in Exhibit A as Appendix C as in previous years.

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FISCAL IMPACT
None

RECOMMENDED CITY COUNCIL ACTION
Adopt the proposed resolution amending the City’s Conflict of Interest Code and rescinding Resolution 1-22.

ALTERNATIVES TO RECOMMENDED ACTION

1. The Council may choose not to adopt the resolution.

2. The Council may direct staff to make amendments to the resolution and/or the Conflict of Interest Code.

ATTACHMENT(S):

Proposed Resolution
Exhibit A – Conflict of Interest Code
Appendix A – Regulation 18730
Appendix B - Conflict of Interest Code Designated Position and Appendices – Redlined Appendix B – Conflict of Interest Code Designated Position and Appendices – Clean Appendix C – Conflict of Interest Code Disclosure Categories Prepared by: Lyone P. Conner, City Clerk
Approved by: Ethan Bindernagel, City Manager

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RESOLUTION NO. ____-24

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLEASANT HILL AMENDING THE CONFLICT OF INTEREST CODE AND RESCINDING RESOLUTION NO. 1-22 WHEREAS, it is necessary to review the City’s Conflict of Interest Code biennially to comply with current law and to update designated classifications if needed; and WHEREAS, Pleasant Hill’s Conflict of Interest Code was originally adopted by Resolution No. 120-77 and most recently amended by Resolution No. 1-22; and WHEREAS, the Regulations of the Fair Political Practices Commission, (Title 2, Division 6, California Code of Regulations) Section 18730, authorizes the adoption of the Conflict of Interest Code by incorporating Section 18730 et seq. by reference and designating the employees and disclosure categories to which the Code applies; and WHEREAS, the City Council wishes to revise its Conflict of Interest Code to:
 add the “Accounting Manager” classification to the list of designated filers  add the “Chief Human Resources Officer” classification to the list of designated filers  add the “City Clerk” classification to the list of designated filers  add the “Senior Management Analyst/Deputy City Clerk” classification to the list of designated filers
 add the “Administrative Analyst II” classification to the list of filers  correct the Community Development and Public Works Department title to “Community Development Department”
 add the “Public Works Manager” classification to the list of designated filers NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Pleasant Hill as follows:

1. Adoption of Conflict of Interest Code: The Conflict of Interest Code, which is attached hereto as Exhibit A, is hereby adopted.

2. Incorporation of Code by Reference: The terms of Section 18730 et seq. of Title 2, Division 6, of the California Code of Regulations and any amendments to it duly adopted by the Fair Political Practices Commission to conform to the Political Reform Act are hereby incorporated by reference. A copy of Section 18730 as it reads on the date of adoption of this resolution is attached as Appendix A to the Conflict of Interest Code.

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Attachment: Proposed Resolution (Conflict of Interest Code)

3. Designated Employees: The persons holding positions listed in Appendix B to the Conflict of Interest Code are hereby deemed to hold designated positions that make or participate in the making of decisions which may foreseeably have a material effect on financial interests.

4. Disclosure Categories: The disclosure categories set forth in Appendix C to the Conflict of Interest Code specify the types of reportable financial interests.

5. Resolution No. 1-22 is hereby rescinded and superseded.

ADOPTED by the City Council of the City of Pleasant Hill at a regular meeting held on the 5
th day of February, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________________
MATTHEW RINN, Mayor
ATTEST:

LYONE P. CONNER, City Clerk

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Attachment: Proposed Resolution (Conflict of Interest Code)

EXHIBIT A
The Political Reform Act (California Government Code § 81000, et seq.) requires state and local public agencies to adopt and promulgate conflict of interest codes. The Fair Political Practices Commission (the “FPPC”) has, in accordance with the authority vested in it, issued Regulation 18730 (‘Provisions of Conflict of Interest Codes,’ found at 2 Cal. Code of Regs. § 18730), setting forth the terms of a mandatory conflict of interest code. This Regulation 18730 can be incorporated by reference and may be amended by the FPPC after public notice and hearings to conform to any amendments made to the Political Reform Act. The City of Pleasant Hill, through adoption of Resolution ___-24, adopts and incorporates by reference 2 Cal. Code of Regs. § 18730 et seq., and any amendments that may be made to it by the FPPC, along with Appendices A, B, and C attached hereto. Collectively, these documents shall constitute the Conflict of Interest Code of the City of Pleasant Hill.

In accordance with the procedures described in Regulation 18730, each holder of a designated position shall file a statement of economic interest (Form 700) with the City Clerk, who will make the statements available for public inspection and reproduction pursuant to Government Code § 81008. In accordance with Government Code § 87200, members of the City Council, the City Treasurer, members of the Planning Commission, the City Manager, and City Attorney shall file Form 700 statements of economic interest. The City Clerk shall make and retain copies of these Form 700 statements and forward the originals to the FPPC. Statements for all other designated positions shall be retained by the City Clerk.

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Attachment: Exhibit A - Conflict of Interest Code (Conflict of Interest Code) 1 (Regulations of the Fair Political Practices Commission, Title 2, Division 6, California Code of Regulations)
§ 18730. Provisions of Conflict of Interest Codes.
(a) Incorporation by reference of the terms of this regulation along with the designation of employees and the formulation of disclosure categories in the Appendix referred to below constitute the adoption and promulgation of a conflict of interest code within the meaning of Section 87300 or the amendment of a conflict of interest code within the meaning of Section 87306 if the terms of this regulation are substituted for terms of a conflict of interest code already in effect. A code so amended or adopted and promulgated requires the reporting of reportable items in a manner substantially equivalent to the requirements of article 2 of chapter 7 of the Political Reform Act, Sections 81000, et seq. The requirements of a conflict of interest code are in addition to other requirements of the Political Reform Act, such as the general prohibition against conflicts of interest contained in Section 87100, and to other state or local laws pertaining to conflicts of interest.
(b) The terms of a conflict of interest code amended or adopted and promulgated pursuant to this regulation are as follows:
(1) Section 1. Definitions.

The definitions contained in the Political Reform Act of 1974, regulations of the Fair Political Practices Commission (Regulations 18110, et seq. ), and any amendments to the Act or regulations, are incorporated by reference into this conflict of interest code. (2) Section 2. Designated Employees.

APPENDIX A

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Attachment: Appendix A - Regulation 18730 (Conflict of Interest Code) 2 The persons holding positions listed in the Appendix are designated employees. It has been determined that these persons make or participate in the making of decisions which may foreseeably have a material effect on economic interests. (3) Section 3. Disclosure Categories.

This code does not establish any disclosure obligation for those designated employees who are also specified in Section 87200 if they are designated in this code in that same capacity or if the geographical jurisdiction of this agency is the same as or is wholly included within the jurisdiction in which those persons must report their economic interests pursuant to article 2 of chapter 7 of the Political Reform Act, Sections 87200, et seq.

In addition, this code does not establish any disclosure obligation for any designated employees who are designated in a conflict of interest code for another agency, if all of the following apply:
(A) The geographical jurisdiction of this agency is the same as or is wholly included within the jurisdiction of the other agency;
(B) The disclosure assigned in the code of the other agency is the same as that required under article 2 of chapter 7 of the Political Reform Act, Section 87200; and (C) The filing officer is the same for both agencies.1
Such persons are covered by this code for disqualification purposes only. With respect to all other designated employees, the disclosure categories set forth in the Appendix specify which kinds of economic interests are reportable. Such a designated employee shall disclose in the employee's statement of economic interests those economic interests the employee has which are of the kind described in the disclosure categories to which the employee is assigned in the Appendix. It has been determined that the economic interests set forth in a designated employee's

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Attachment: Appendix A - Regulation 18730 (Conflict of Interest Code) 3 disclosure categories are the kinds of economic interests which the employee foreseeably can affect materially through the conduct of the employee's office. (4) Section 4. Statements of Economic Interests: Place of Filing.

The code reviewing body shall instruct all designated employees within its code to file statements of economic interests with the agency or with the code reviewing body, as provided by the code reviewing body in the agency's conflict of interest code.2 (5) Section 5. Statements of Economic Interests: Time of Filing. (A) Initial Statements. All designated employees employed by the agency on the effective date of this code, as originally adopted, promulgated and approved by the code reviewing body, shall file statements within 30 days after the effective date of this code. Thereafter, each person already in a position when it is designated by an amendment to this code shall file an initial statement within 30 days after the effective date of the amendment. (B) Assuming Office Statements. All persons assuming designated positions after the effective date of this code shall file statements within 30 days after assuming the designated positions, or if subject to State Senate confirmation, 30 days after being nominated or appointed. (C) Annual Statements. All designated employees shall file statements no later than April

1. If a person reports for military service as defined in the Servicemember's Civil Relief Act, the deadline for the annual statement of economic interests is 30 days following the person's return to office, provided the person, or someone authorized to represent the person's interests, notifies the filing officer in writing prior to the applicable filing deadline that the person is subject to that federal statute and is unable to meet the applicable deadline, and provides the filing officer verification of the person's military status.

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Attachment: Appendix A - Regulation 18730 (Conflict of Interest Code) 4 (D) Leaving Office Statements. All persons who leave designated positions shall file statements within 30 days after leaving office.
(5.5) Section 5.5. Statements for Persons Who Resign Prior to Assuming Office.

Any person who resigns within 12 months of initial appointment, or within 30 days of the date of notice provided by the filing officer to file an assuming office statement, is not deemed to have assumed office or left office, provided the person did not make or participate in the making of, or use the person's position to influence any decision and did not receive or become entitled to receive any form of payment as a result of the person's appointment. Such persons shall not file either an assuming or leaving office statement.
(A) Any person who resigns a position within 30 days of the date of a notice from the filing officer shall do both of the following:
(1) File a written resignation with the appointing power; and (2) File a written statement with the filing officer declaring under penalty of perjury that during the period between appointment and resignation the person did not make, participate in the making, or use the position to influence any decision of the agency or receive, or become entitled to receive, any form of payment by virtue of being appointed to the position. (6) Section 6. Contents of and Period Covered by Statements of Economic Interests. (A) Contents of Initial Statements.

Initial statements shall disclose any reportable investments, interests in real property and business positions held on the effective date of the code and income received during the 12 months prior to the effective date of the code.
(B) Contents of Assuming Office Statements.

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Attachment: Appendix A - Regulation 18730 (Conflict of Interest Code) 5 Assuming office statements shall disclose any reportable investments, interests in real property and business positions held on the date of assuming office or, if subject to State Senate confirmation or appointment, on the date of nomination, and income received during the 12 months prior to the date of assuming office or the date of being appointed or nominated, respectively.
(C) Contents of Annual Statements. Annual statements shall disclose any reportable investments, interests in real property, income and business positions held or received during the previous calendar year provided, however, that the period covered by an employee's first annual statement shall begin on the effective date of the code or the date of assuming office whichever is later, or for a board or commission member subject to Section 87302.6, the day after the closing date of the most recent statement filed by the member pursuant to Regulation 18754. (D) Contents of Leaving Office Statements.

Leaving office statements shall disclose reportable investments, interests in real property, income and business positions held or received during the period between the closing date of the last statement filed and the date of leaving office.
(7) Section 7. Manner of Reporting.

Statements of economic interests shall be made on forms prescribed by the Fair Political Practices Commission and supplied by the agency, and shall contain the following information:
(A) Investment and Real Property Disclosure.

When an investment or an interest in real property3is required to be reported,4the statement shall contain the following:

1. A statement of the nature of the investment or interest;

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Attachment: Appendix A - Regulation 18730 (Conflict of Interest Code) 6 2. The name of the business entity in which each investment is held, and a general description of the business activity in which the business entity is engaged;

3. The address or other precise location of the real property;

4. A statement whether the fair market value of the investment or interest in real property equals or exceeds $2,000, exceeds $10,000, exceeds $100,000, or exceeds $1,000,000. (B) Personal Income Disclosure. When personal income is required to be reported,5the statement shall contain:

1. The name and address of each source of income aggregating $500 or more in value, or $50 or more in value if the income was a gift, and a general description of the business activity, if any, of each source;

2. A statement whether the aggregate value of income from each source, or in the case of a loan, the highest amount owed to each source, was $1,000 or less, greater than $1,000, greater than $10,000, or greater than $100,000;

3. A description of the consideration, if any, for which the income was received;

4. In the case of a gift, the name, address and business activity of the donor and any intermediary through which the gift was made; a description of the gift; the amount or value of the gift; and the date on which the gift was received;

5. In the case of a loan, the annual interest rate and the security, if any, given for the loan and the term of the loan.
(C) Business Entity Income Disclosure. When income of a business entity, including income of a sole proprietorship, is required to be reported,6the statement shall contain:

1. The name, address, and a general description of the business activity of the business entity;

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Attachment: Appendix A - Regulation 18730 (Conflict of Interest Code) 7 2. The name of every person from whom the business entity received payments if the filer's pro rata share of gross receipts from such person was equal to or greater than $10,000. (D) Business Position Disclosure. When business positions are required to be reported, a designated employee shall list the name and address of each business entity in which the employee is a director, officer, partner, trustee, employee, or in which the employee holds any position of management, a description of the business activity in which the business entity is engaged, and the designated employee's position with the business entity. (E) Acquisition or Disposal During Reporting Period. In the case of an annual or leaving office statement, if an investment or an interest in real property was partially or wholly acquired or disposed of during the period covered by the statement, the statement shall contain the date of acquisition or disposal.
(8) Section 8. Prohibition on Receipt of Honoraria.
(A) No member of a state board or commission, and no designated employee of a state or local government agency, shall accept any honorarium from any source, if the member or employee would be required to report the receipt of income or gifts from that source on the member's or employee's statement of economic interests. (B) This section shall not apply to any part-time member of the governing board of any public institution of higher education, unless the member is also an elected official. (C) Subdivisions (a), (b), and (c) of Section 89501 shall apply to the prohibitions in this section.
(D) This section shall not limit or prohibit payments, advances, or reimbursements for travel and related lodging and subsistence authorized by Section 89506. (8.1) Section 8.1. Prohibition on Receipt of Gifts in Excess of $520.

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Attachment: Appendix A - Regulation 18730 (Conflict of Interest Code) 8 (A) No member of a state board or commission, and no designated employee of a state or local government agency, shall accept gifts with a total value of more than $520 in a calendar year from any single source, if the member or employee would be required to report the receipt of income or gifts from that source on the member's or employee's statement of economic interests.
(B) This section shall not apply to any part-time member of the governing board of any public institution of higher education, unless the member is also an elected official. (C) Subdivisions (e), (f), and (g) of Section 89503 shall apply to the prohibitions in this section.
(8.2) Section 8.2. Loans to Public Officials.
(A) No elected officer of a state or local government agency shall, from the date of the election to office through the date that the officer vacates office, receive a personal loan from any officer, employee, member, or consultant of the state or local government agency in which the elected officer holds office or over which the elected officer's agency has direction and control.
(B) No public official who is exempt from the state civil service system pursuant to subdivisions (c), (d), (e), (f), and (g) of Section 4 of Article VII of the Constitution shall, while he or she holds office, receive a personal loan from any officer, employee, member, or consultant of the state or local government agency in which the public official holds office or over which the public official's agency has direction and control. This subdivision shall not apply to loans made to a public official whose duties are solely secretarial, clerical, or manual. (C) No elected officer of a state or local government agency shall, from the date of the election to office through the date that the officer vacates office, receive a personal loan from

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Attachment: Appendix A - Regulation 18730 (Conflict of Interest Code) 9 any person who has a contract with the state or local government agency to which that elected officer has been elected or over which that elected officer's agency has direction and control.

This subdivision shall not apply to loans made by banks or other financial institutions or to any indebtedness created as part of a retail installment or credit card transaction, if the loan is made or the indebtedness created in the lender's regular course of business on terms available to members of the public without regard to the elected officer's official status. (D) No public official who is exempt from the state civil service system pursuant to subdivisions (c), (d), (e), (f), and (g) of Section 4 of Article VII of the Constitution shall, while the official holds office, receive a personal loan from any person who has a contract with the state or local government agency to which that elected officer has been elected or over which that elected officer's agency has direction and control. This subdivision shall not apply to loans made by banks or other financial institutions or to any indebtedness created as part of a retail installment or credit card transaction, if the loan is made or the indebtedness created in the lender's regular course of business on terms available to members of the public without regard to the elected officer's official status. This subdivision shall not apply to loans made to a public official whose duties are solely secretarial, clerical, or manual. (E) This section shall not apply to the following:

1. Loans made to the campaign committee of an elected officer or candidate for elective office.

2. Loans made by a public official's spouse, child, parent, grandparent, grandchild, brother, sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, or first cousin, or the spouse of any such persons, provided that the person making the loan is not acting as an agent or intermediary for any person not otherwise exempted under this section.

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Attachment: Appendix A - Regulation 18730 (Conflict of Interest Code) 10 3. Loans from a person which, in the aggregate, do not exceed $500 at any given time.

4. Loans made, or offered in writing, before January 1, 1998. (8.3) Section 8.3. Loan Terms.
(A) Except as set forth in subdivision (B), no elected officer of a state or local government agency shall, from the date of the officer's election to office through the date the officer vacates office, receive a personal loan of $500 or more, except when the loan is in writing and clearly states the terms of the loan, including the parties to the loan agreement, date of the loan, amount of the loan, term of the loan, date or dates when payments shall be due on the loan and the amount of the payments, and the rate of interest paid on the loan. (B) This section shall not apply to the following types of loans:

1. Loans made to the campaign committee of the elected officer.

2. Loans made to the elected officer by his or her spouse, child, parent, grandparent, grandchild, brother, sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, or first cousin, or the spouse of any such person, provided that the person making the loan is not acting as an agent or intermediary for any person not otherwise exempted under this section.

3. Loans made, or offered in writing, before January 1, 1998. (C) Nothing in this section shall exempt any person from any other provision of Title 9 of the Government Code.
(8.4) Section 8.4. Personal Loans.
(A) Except as set forth in subdivision (B), a personal loan received by any designated employee shall become a gift to the designated employee for the purposes of this section in the following circumstances:

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Attachment: Appendix A - Regulation 18730 (Conflict of Interest Code) 11 1. If the loan has a defined date or dates for repayment, when the statute of limitations for filing an action for default has expired.

2. If the loan has no defined date or dates for repayment, when one year has elapsed from the later of the following:
a. The date the loan was made.
b. The date the last payment of $100 or more was made on the loan. c. The date upon which the debtor has made payments on the loan aggregating to less than $250 during the previous 12 months.
(B) This section shall not apply to the following types of loans:

1. A loan made to the campaign committee of an elected officer or a candidate for elective office.

2. A loan that would otherwise not be a gift as defined in this title.

3. A loan that would otherwise be a gift as set forth under subdivision (A), but on which the creditor has taken reasonable action to collect the balance due.

4. A loan that would otherwise be a gift as set forth under subdivision (A), but on which the creditor, based on reasonable business considerations, has not undertaken collection action.

Except in a criminal action, a creditor who claims that a loan is not a gift on the basis of this paragraph has the burden of proving that the decision for not taking collection action was based on reasonable business considerations.

5. A loan made to a debtor who has filed for bankruptcy and the loan is ultimately discharged in bankruptcy.
(C) Nothing in this section shall exempt any person from any other provisions of Title 9 of the Government Code.

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Attachment: Appendix A - Regulation 18730 (Conflict of Interest Code) 12 (9) Section 9. Disqualification.

No designated employee shall make, participate in making, or in any way attempt to use the employee's official position to influence the making of any governmental decision which the employee knows or has reason to know will have a reasonably foreseeable material financial effect, distinguishable from its effect on the public generally, on the official or a member of the official's immediate family or on:
(A) Any business entity in which the designated employee has a direct or indirect investment worth $2,000 or more;
(B) Any real property in which the designated employee has a direct or indirect interest worth $2,000 or more;
(C) Any source of income, other than gifts and other than loans by a commercial lending institution in the regular course of business on terms available to the public without regard to official status, aggregating $500 or more in value provided to, received by or promised to the designated employee within 12 months prior to the time when the decision is made; (D) Any business entity in which the designated employee is a director, officer, partner, trustee, employee, or holds any position of management; or (E) Any donor of, or any intermediary or agent for a donor of, a gift or gifts aggregating $500 or more provided to, received by, or promised to the designated employee within 12 months prior to the time when the decision is made.
(9.3) Section 9.3. Legally Required Participation.

No designated employee shall be prevented from making or participating in the making of any decision to the extent the employee's participation is legally required for the decision to be made.

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Attachment: Appendix A - Regulation 18730 (Conflict of Interest Code) 13 The fact that the vote of a designated employee who is on a voting body is needed to break a tie does not make the employees' participation legally required for purposes of this section. (9.5) Section 9.5. Disqualification of State Officers and Employees.

In addition to the general disqualification provisions of section 9, no state administrative official shall make, participate in making, or use the official's position to influence any governmental decision directly relating to any contract where the state administrative official knows or has reason to know that any party to the contract is a person with whom the state administrative official, or any member of the official's immediate family has, within 12 months prior to the time when the official action is to be taken:
(A) Engaged in a business transaction or transactions on terms not available to members of the public, regarding any investment or interest in real property; or (B) Engaged in a business transaction or transactions on terms not available to members of the public regarding the rendering of goods or services totaling in value $1,000 or more. (10) Section 10. Disclosure of Disqualifying Interest.

When a designated employee determines that the employee should not make a governmental decision because the employee has a disqualifying interest in it, the determination not to act may be accompanied by disclosure of the disqualifying interest. (11) Section 11. Assistance of the Commission and Counsel.

Any designated employee who is unsure of the duties under this code may request assistance from the Fair Political Practices Commission pursuant to Section 83114 and Regulations 18329 and 18329.5 or from the attorney for the employee's agency, provided that nothing in this section requires the attorney for the agency to issue any formal or informal opinion. (12) Section 12. Violations.

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Attachment: Appendix A - Regulation 18730 (Conflict of Interest Code) 14 This code has the force and effect of law. Designated employees violating any provision of this code are subject to the administrative, criminal and civil sanctions provided in the Political Reform Act, Sections 81000-91014. In addition, a decision in relation to which a violation of the disqualification provisions of this code or of Section 87100 or 87450 has occurred may be set aside as void pursuant to Section 91003.
____________________
1 Designated employees who are required to file statements of economic interests under any other agency's conflict of interest code, or under article 2 for a different jurisdiction, may expand their statement of economic interests to cover reportable interests in both jurisdictions, and file copies of this expanded statement with both entities in lieu of filing separate and distinct statements, provided that each copy of such expanded statement filed in place of an original is signed and verified by the designated employee as if it were an original. See Section 81004. 2 See Section 81010 and Regulation 18115 for the duties of filing officers and persons in agencies who make and retain copies of statements and forward the originals to the filing officer. 3 For the purpose of disclosure only (not disqualification), an interest in real property does not include the principal residence of the filer.
4 Investments and interests in real property which have a fair market value of less than $2,000 are not investments and interests in real property within the meaning of the Political Reform Act.

However, investments or interests in real property of an individual include those held by the individual's spouse and dependent children as well as a pro rata share of any investment or interest in real property of any business entity or trust in which the individual, spouse and dependent children own, in the aggregate, a direct, indirect or beneficial interest of 10 percent or greater.

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Attachment: Appendix A - Regulation 18730 (Conflict of Interest Code) 15 5 A designated employee's income includes the employee's community property interest in the income of the employee's spouse but does not include salary or reimbursement for expenses received from a state, local or federal government agency. 6 Income of a business entity is reportable if the direct, indirect or beneficial interest of the filer and the filer's spouse in the business entity aggregates a 10 percent or greater interest. In addition, the disclosure of persons who are clients or customers of a business entity is required only if the clients or customers are within one of the disclosure categories of the filer.

Note: Authority cited: Section 83112, Government Code. Reference: Sections 87103(e), 87300- 87302, 89501, 89502 and 89503, Government Code.

HISTORY

1. New section filed 4-2-80 as an emergency; effective upon filing (Register 80, No. 14).

Certificate of Compliance included.

2. Editorial correction (Register 80, No. 29).

3. Amendment of subsection (b) filed 1-9-81; effective thirtieth day thereafter (Register 81, No. 2).

4. Amendment of subsection (b)(7)(B)1. filed 1-26-83; effective thirtieth day thereafter (Register 83, No. 5).

5. Amendment of subsection (b)(7)(A) filed 11-10-83; effective thirtieth day thereafter (Register 83, No. 46).

6. Amendment filed 4-13-87; operative 5-13-87 (Register 87, No. 16).

7. Amendment of subsection (b) filed 10-21-88; operative 11-20-88 (Register 88, No. 46).

8. Amendment of subsections (b)(8)(A) and (b)(8)(B) and numerous editorial changes filed 8-28- 90; operative 9-27-90 (Reg. 90, No. 42).

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Attachment: Appendix A - Regulation 18730 (Conflict of Interest Code) 16 9. Amendment of subsections (b)(3), (b)(8) and renumbering of following subsections and amendment of Note filed 8-7-92; operative 9-7-92 (Register 92, No. 32).

10. Amendment of subsection (b)(5.5) and new subsections (b)(5.5)(A)-(A)(2) filed 2-4-93; operative 2-4-93 (Register 93, No. 6).

11. Change without regulatory effect adopting Conflict of Interest Code for California Mental Health Planning Council filed 11-22-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 48). Approved by Fair Political Practices Commission 9-21-93.

12. Change without regulatory effect redesignating Conflict of Interest Code for California Mental Health Planning Council as chapter 62, section 55100 filed 1-4-94 pursuant to title 1, section 100, California Code of Regulations (Register 94, No. 1).

13. Editorial correction adding History 11 and 12 and deleting duplicate section number (Register 94, No. 17).

14. Amendment of subsection (b)(8), designation of subsection (b)(8)(A), new subsection (b)(8)(B), and amendment of subsections (b)(8.1)-(b)(8.1)(B), (b)(9)(E) and Note filed 3-14-95; operative 3-14-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 11).

15. Editorial correction inserting inadvertently omitted language in footnote 4 (Register 96, No. 13).

16. Amendment of subsections (b)(8)(A)-(B) and (b)(8.1)(A), repealer of subsection (b)(8.1)(B), and amendment of subsection (b)(12) filed 10-23-96; operative 10-23-96 pursuant to Government Code section 11343.4(d) (Register 96, No. 43).

17. Amendment of subsections (b)(8.1) and (9)(E) filed 4-9-97; operative 4-9-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 15).

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Attachment: Appendix A - Regulation 18730 (Conflict of Interest Code) 17 18. Amendment of subsections (b)(7)(B)5., new subsections (b)(8.2)-(b)(8.4)(C) and amendment of Note filed 8-24-98; operative 8-24-98 pursuant to Government Code section 11343.4(d) (Register 98, No. 35).

19. Editorial correction of subsection (a) (Register 98, No. 47).

20. Amendment of subsections (b)(8.1), (b)(8.1)(A) and (b)(9)(E) filed 5-11-99; operative 5-11- 99 pursuant to Government Code section 11343.4(d) (Register 99, No. 20).

21. Amendment of subsections (b)(8.1)-(b)(8.1)(A) and (b)(9)(E) filed 12-6-2000; operative 1-1- 2001 pursuant to the 1974 version of Government Code section 11380.2 and Title 2, California Code of Regulations, section 18312(d) and (e) (Register 2000, No. 49).

22. Amendment of subsections (b)(3) and (b)(10) filed 1-10-2001; operative 2-1-2001.

Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2001, No. 2).

23. Amendment of subsections (b)(7)(A)4., (b)(7)(B)1.-2., (b)(8.2)(E)3., (b)(9)(A)-(C) and footnote 4. filed 2-13-2001. Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2001, No. 7).

24. Amendment of subsections (b)(8.1)-(b)(8.1)(A) filed 1-16-2003; operative 1-1-2003.

Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District,

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Attachment: Appendix A - Regulation 18730 (Conflict of Interest Code) 18 nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2003, No. 3).

25. Editorial correction of History 24 (Register 2003, No. 12).

26. Editorial correction removing extraneous phrase in subsection (b)(9.5)(B) (Register 2004, No. 33).

27. Amendment of subsections (b)(2)-(3), (b)(3)(C), (b)(6)(C), (b)(8.1)-(b)(8.1)(A), (b)(9)(E) and (b)(11)-(12) filed 1-4-2005; operative 1-1-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 1).

28. Amendment of subsection (b)(7)(A)4. filed 10-11-2005; operative 11-10-2005 (Register 2005, No. 41).

29. Amendment of subsections (a), (b)(1), (b)(3), (b)(8.1), (b)(8.1)(A) and (b)(9)(E) filed 12-18- 2006; operative 1-1-2007. Submitted to OAL pursuant to Fair Political Practices Commission v.

Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2006, No. 51).

30. Amendment of subsections (b)(8.1)-(b)(8.1)(A) and (b)(9)(E) filed 10-31-2008; operative 11- 30-2008. Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2008, No. 44).

31. Amendment of section heading and section filed 11-15-2010; operative 12-15-2010.

Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of

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Attachment: Appendix A - Regulation 18730 (Conflict of Interest Code) 19 Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2010, No. 47).

32. Amendment of section heading and subsections (a)-(b)(1), (b)(3)-(4), (b)(5)(C), (b)(8.1)- (b)(8.1)(A) and (b)(9)(E) and amendment of footnote 1 filed 1-8-2013; operative 2-7-2013.

33. Amendment of subsections (b)(8.1)-(b)(8.1)(A), (b)(8.2)(E)3. and (b)(9)(E) filed 12-15-2014; operative 1-1-2015 pursuant to section 18312(e)(1)(A), title 2, California Code of Regulations.

Submitted to OAL for filing and printing pursuant to Fair Political Practices Commission v.

34. Redesignation of portions of subsection (b)(8)(A) as new subsections (b)(8)(B)-(D), amendment of subsections (b)(8.1)-(b)(8.1)(A), redesignation of portions of subsection (b)(8.1)(A) as new subsections (b)(8.1)(B)-(C) and amendment of subsection (b)(9)(E) filed 12- 1-2016; operative 12-31-2016 pursuant to Cal. Code Regs. tit. 2, section 18312(e). Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision,

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Attachment: Appendix A - Regulation 18730 (Conflict of Interest Code) 20 April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2016, No. 49).

35. Amendment of subsections (b)(8.1)-(b)(8.1)(A) and (b)(9)(E) filed 12-12-2018; operative 1- 11-2019 pursuant to Cal. Code Regs., tit. 2, section 18312(e). Submitted to OAL for filing and printing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2018, No. 50).

36. Amendment of subsections (b)(8.1)-(8.1)(A) filed 12-23-2020; operative 1-1-2021 pursuant to Cal. Code Regs., tit. 2, section 18312(e). Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2020, No. 52).

37. Amendment of subsections (b)(3)(C), (b)(5)(C), (b)(5.5), (b)(5.5)(A)(2), (b)(7)(D), (b)(8)(A), (b)(8.1)(A), (b)(8.2)(A), (b)(8.2)(C)-(D), (b)(8.3)(A), (b)(9), (b)(9.3), (b)(9.5), (b)(10) and (b)(11) and footnote 5 filed 5-12-2021; operative 6-11-2021 pursuant to Cal. Code Regs., tit. 2, section 18312(e). Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974

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Attachment: Appendix A - Regulation 18730 (Conflict of Interest Code) 21 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2021, No. 20).

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Attachment: Appendix A - Regulation 18730 (Conflict of Interest Code)

APPENDIX B
DESIGNATED POSITIONS (2024)
The positions set forth below are deemed designated positions as part of the City of Pleasant Hill Conflict of Interest Code. Elected officials, commissioners, employees, and consultants holding these positions shall be presumed to make or participate in the making of decisions which foreseeably have a material effect on a financial interest and shall thus be required to file Statements of Economic Interests with the City Clerk:

ELECTED AND APPOINTED OFFICIALS AND COMMISSIONERS
Body Classification
Disclosure
Category
(Appendix C)
City Council1 All City Councilmembers A, B, C, D, and E City Treasurer1 City Treasurer A, B, C, D, and E
Architectural Review
Commission
All Members A, B, C, D, and E
Diablo Vista Water System
Advisory Board
All Members A, B, C, D, and E
Planning Commission1 All Members A, B, C, D, and E

STAFF AND CONSULTANTS
Department/Division Classification
Disclosure
Category
(Appendix C)
Administrative Services
Department
Finance
Human Resources
Information Technology
Finance Manager
Accounting Manager
Administrative Analyst II
Chief Human Resources Officer
Human Resources Manager
Chief Technology Officer
A, B, C, D, and E
A, B, C, D, and E
A, B, C, D, and E
A, B, C, D, and E
A, B, C, D, and E
A, B, C, D, and E
All Departments Consultants2 A, B, C, D, and E
City Attorney Department City Attorney1 A, B, C, D, and E

1 This position is required to file Form 700 by virtue of Government Code § 87200 and is included herein for completeness.
2 Consultants shall be included in the list of designated employees and shall disclose pursuant to the broadest disclosure category in the code subject to the following limitation: The City Manager may determine, in writing, that a particular consultant, although a ‘designated position,’ is hired to perform a range of duties that is limited in scope and thus not required to fully comply with the disclosure requirements described in this section. Such written determination shall include a description of the consultant’s duties and, based upon that description, a statement of the extent of disclosure requirements. The City Manager’s determination is a public record and shall be retained for public inspection in the same manner and location as this Conflict of Interest Code.

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Attachment: Appendix B - Conflict of Interest Code Designated Positions and Appendices- Redlined (Conflict of Interest Code)

APPENDIX B
Designated Positions 2
Department/Division Classification
Disclosure
Category
(Appendix C)
City Manager Department City Manager1
Economic Development Manager
Principal Management Analyst/City Clerk
City Clerk
Senior Management Analyst/Deputy City
Clerk
Senior Management Analyst (Community
Relations Manager/Public Information
Officer)
Administrative Analyst I
Administrative Analyst II
A, B, C, D, and E
A, B, C, D, and E
A, B, C, D, and E
A, B, C, D, and E
A, B, C, D, and E
A, B, C, D, and E
A, B, C, D, and E
A, B, C, D, and E
Community Development
Department
Building
Engineering
Planning
Community Development Director/
Assistant City Manager
Chief Building Official
Building Inspector
City Engineer
Senior Civil Engineer
Associate Engineer
Assistant Engineer
Construction Inspector
City Planner
Senior Planner
Associate Planner
Assistant Planner
City Code Investigator
A, B, C, D, and E
A, B, C, D, and E
A, B, C, D, and E
A, B, C, D, and E
A, B, C, D, and E
A, B, C, D, and E
A, B, C, D, and E
A, B, C, D, and E
A, B, C, D, and E
A, B, C, D, and E
A, B, C, D, and E
A, B, C, D, and E
A, B, C, D, and E
Maintenance Division Maintenance Superintendent
Public Works Manager
Maintenance Supervisor
Fleet Services Coordinator
A, B, C, D, and E
A, B, C, D, and E
A, B, C, D, and E
A, B, C, D, and E
Police Department Chief
Captain
Lieutenant
A, B, C, D, and E
A, B, C, D, and E
A, B, C, D, and E
Deleted: and Public Works

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Attachment: Appendix B - Conflict of Interest Code Designated Positions and Appendices- Redlined (Conflict of Interest Code)

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Attachment: Appendix B - Conflict of Interest Code Designated Positions and Appendices - Cleaned (Conflict of Interest Code)

Engineering
Planning
Community Development Director/
Assistant City Manager
Chief Building Official
Building Inspector
City Engineer
Senior Civil Engineer
Associate Engineer
Assistant Engineer
Construction Inspector
City Planner
Senior Planner
Associate Planner
Assistant Planner
City Code Investigator
A, B, C, D, and E
A, B, C, D, and E
A, B, C, D, and E
A, B, C, D, and E
A, B, C, D, and E
A, B, C, D, and E
A, B, C, D, and E
A, B, C, D, and E
A, B, C, D, and E
A, B, C, D, and E
A, B, C, D, and E
A, B, C, D, and E
A, B, C, D, and E
Maintenance Division Maintenance Superintendent
Public Works Manager
Maintenance Supervisor
Fleet Services Coordinator
A, B, C, D, and E
A, B, C, D, and E
A, B, C, D, and E
A, B, C, D, and E
Police Department Chief
Captain
Lieutenant
A, B, C, D, and E
A, B, C, D, and E
A, B, C, D, and E

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Attachment: Appendix B - Conflict of Interest Code Designated Positions and Appendices - Cleaned (Conflict of Interest Code)

APPENDIX C
DISCLOSURE CATEGORIES (2024)
As part of the Conflict of Interest Code of the City of Pleasant Hill, the designated positions described in Appendix B are assigned to one or more of the following disclosure categories. Each holder of a designated position shall file an annual statement (Form 700) disclosing that individual’s interest in investments, business positions, real property, and income, designated as reportable under that category to which the office or position is assigned as follows:

An investment, business position, interest in real property, or income is reportable if the business entity in which the investment or business position is held, the interest in real property, or the income or source of income may foreseeably be affected materially by any decision made or participated in by the holder of the designated position, or by virtue of the designated position held by that individual.

Category A
Holders of designated positions subject to Category A must report:

All interests in real property in the City of Pleasant Hill, and any real property outside of Pleasant Hill if it is within one mile (as measured in a straight line) from the closest City of Pleasant Hill boundary.

Category B
Holders of designated positions subject to Category B must report:

All investments and business positions in business entities located in the City of Pleasant Hill, and all sources of personal and business entity income that are received from persons and business entities located in the City of Pleasant Hill, or doing business in the City of Pleasant Hill.

Category C
Holders of designated positions subject to Category C must report:

All investments and business positions in business entities in the construction or building industry which are doing business within the City of Pleasant Hill.

Category D
Holders of designated positions subject to Category D must report:

All investments and business positions in business entities and sources of personal and business entity income that are received from persons and business entities which contract with or sell to the City of Pleasant Hill.

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Attachment: Appendix C - Conflict of Interest Code Disclosure Categories (Conflict of Interest Code)

APPENDIX C
Disclosure Categories 2
Category E
Holders of designated positions subject to Category E must report:

Each management position or employment in a business entity located in or doing business in the City of Pleasant Hill or contracting with or selling to the City of Pleasant Hill.

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Attachment: Appendix C - Conflict of Interest Code Disclosure Categories (Conflict of Interest Code)

CITY COUNCIL STAFF REPORT
Meeting Date: February 05, 2024
TO: THE HONORABLE MAYOR AND CITY COUNCILMEMBERS
SUBJECT: ADOPT RESOLUTIONS NO. ___-24 WITH TRB AND ASSOCIATES AND NO. ___-24 WITH WC3, INC., EACH AUTHORIZING THE CITY

MANAGER TO EXECUTE PROFESSIONAL SERVICES AGREEMENTS

TO PROVIDE PERMIT TECHNICIAN, PLAN REVIEW, AND

INSPECTION SERVICES

SYNOPSIS
The City Council is requested to authorize the City Manager to execute two separate Professional Services Agreements with TRB & Associates (Consultant) and WC3, Inc. (Consultant), respectively, to perform permit technician, plan review and inspection services. Authorization is requested for two separate agreements with two consultants should the need arise for the City Building Division services when one firm is unavailable or there is a conflict of interest.

DISCUSSION
Background
The City has an existing contract to assist the Building Division in times of need, which was established in 2007, has a $50,000 annual budget, and is replenished by building permit fees. The existing services offered under the current contract with TRB include plan review, inspection, and digital workflow solutions. Over the past several years, City staff has used TRBfor plan review of the proposed hotel at the Black Angus site and plan review of the multi-family housing project at 85 Cleaveland, as examples.

The Building Division has made significant changes over the past three years to streamline processes and provide more ways for our customers to connect with our new permitting system, either in person or now online, 24 hours a day. We are now also looking at updating our outside professional services to match the scope of work required for these services.

Analysis
On October 25, 2023, the Building Division issued an RFP to consulting firms. Ten firms submitted timely proposals, including TRB, 4Leaf, CSG, Interwest, Willdan, Shumscoda, WC3, BPR, Bureau Veritas, and Independent Code Consultants by the November 22, 2023 deadline.

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To select the most qualified firm, staff evaluated each statement of qualifications. Necessary qualifications included project and team experience, performance, and resumes of each project member.

The proposals submitted by TRB and WC3 met all RFP requirements: TRB was selected as the lowest responsible bidder in more service categories, while WC3 was determined to have the best balance of professionals across its team. They both provide similar services to various agencies throughout the Bay Area, and the selection of two companies increases availability when the need arises.

As written, the agreements are valid for a three-year duration with the City reserving the option to extend each contract up to an additional two years.

FISCAL IMPACT
The Building Division has an annual budget of $50,000 to cover the cost of such outside professional services, which are covered by building permit fees that replenish the General Fund.

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

RECOMMENDED CITY COUNCIL ACTION
Staff recommends the adoption of both proposed resolutions, authorizing the City Manager to execute two separate, professional services agreements: one with TRB, and the other with WC3, for the provision of permit technician, plan review, and inspection services.

ALTERNATIVES TO RECOMMENDED ACTION
Do not adopt the proposed resolutions and provide direction to staff.

ATTACHMENT(S):

Proposed Resolution – TRB and Associates.

Exhibit 1 – TRB and Associates, Professional Services Agreement & Scope of Services Proposed Resolution – WC3, Inc.

Exhibit 1 –WC3, Inc. Professional Services Agreement & Scope of Services Prepared by: Geoff Simmons, Chief Building Official
Approved by: Ethan Bindernagel, City Manager

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RESOLUTION NO. -24

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

AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES

AGREEMENT WITH TRB AND ASSOCIATES TO PROVIDE PERMIT TECHNICIAN,

PLAN REVIEW, AND INSPECTION SERVICES
WHEREAS, the City Council is requested to authorize the City Manager to execute a Professional Services Agreement with TRB and Associates (“Consultant”) to perform Permit Technician, Plan Review, and Inspection Services on an as-needed basis; and WHEREAS, Staff issued a Request for Proposals (RFP) to building consultant firms on October 25, 2023 and received 10 Statements of Qualifications on November 22, 2023; and WHEREAS, the Consultant met all RFP requirements and demonstrated they have the required experience, knowledge, and resources to provide Permit Technician, Plan Review, and Inspection Services; and
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Pleasant Hill that the City Manager is hereby authorized to execute a Professional Services Agreement, in a form approved by the City Attorney, with TRB and Associates. (Exhibit 1) in an amount not to exceed $50,000 for the provision of Permit Technician, Plan Review, and Inspections Services on an as-needed basis; and
BE IT FURTHER RESOLVED the contract agreement shall last three years in duration with the option for the City, at its sole discretion, to extend the contract up to two additional years.

ADOPTED by the City Council of the City of Pleasant Hill at a regular meeting held on the 5
th day of February, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

MATTHEW RINN, Mayor
ATTEST:

LYONE P. CONNER, City Clerk

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Attachment: Proposed Resolution – TRB and Associates (Contract for On-Call Building Services)

AGREEMENT FOR PROFESSIONAL SERVICES
This Agreement is made and entered into as of the 5th day of February, 2024, by and between the City of Pleasant Hill ("City") and TRB & Associates, ("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 possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement on the terms and conditions described herein.

AGREEMENT
The Recitals listed above are hereby incorporated into and shall constitute a part of this Agreement.

1. Scope of Services. The Consultant shall furnish the following services in a professional manner:

Consultant shall perform the services described on Exhibit A (Scope of work) which is attached hereto and incorporated herein by reference. Consultant shall provide said services at the time, place, and in the manner specified in Exhibit A, 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 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 per the turnaround timeframes specified in Exhibit A.

3. Compensation. Compensation to be paid to Consultant shall be in accordance with the Schedule of Charges set forth in Exhibit A, which is attached hereto and incorporated herein by reference. In no event shall Consultant's compensation exceed $50,000 without additional authorization from the City. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment.

4. Method of Payment. Consultant shall submit monthly billings to City describing the work performed during the preceding month. Consultant's bills shall include a brief description of the services performed, the date the services were performed, the number of hours spent and by whom, and a description of any reimbursable expenditures. City shall pay Consultant no later than 30 days after approval of the monthly invoice by City staff. When payments made by City equal 90% of the maximum fee provided for in this Agreement, no further payments shall be made until the final work under this Agreement has been accepted by City.

5. Ownership of Documents. All plans, studies, documents and other writings prepared by and for Consultant, its officers, employees and agents and subcontractors in the course of

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Attachment: Exhibit 1 - TRB Agreement & Scope of Services (Contract for On-Call Building Services) implementing this Agreement, except working notes and internal documents, shall become the property of the City upon payment to Consultant for such work, and the City shall have the sole right to use such materials in its discretion without further compensation to Consultant or to any other party. Consultant shall, at Consultant's expense, provide such reports, plans, studies, documents and other writings to City upon written request. 6 Independent Contractor. It is understood that Consultant, in the performance of the work and services agreed to be performed, shall act as and be an independent contractor and shall not act as an agent or employee of the City. Consultant shall obtain no rights to retirement benefits or other benefits which accrue to City's employees, and Consultant hereby expressly waives any claim it may have to any such rights.

7. Interest of Consultant. Consultant (including principals, associates and professional employees) covenants and represents that it does not now have any investment or interest in real property and shall not acquire any interest, direct or indirect, in the area covered by this Agreement or any other source of income, interest in real property or investment which would be affected in any manner or degree by the performance of Consultant's services hereunder. Consultant further covenants and represents that in the performance of its duties hereunder no person having any such interest shall perform any services under this Agreement.

Consultant is not a designated employee within the meaning of the Political Reform Act because Consultant will not:
a. make a governmental decision whether to:

1. approve a rate, rule, or regulation;

2. adopt or enforce a law;

3. issue, deny, suspend, or revoke any permit, license, application, certificate, approval, order, or similar authorization or entitlement;

4. authorize the City to enter into, modify, or renew a contract provided it is the type of contract that requires agency approval;

5. grant City approval to a contract that requires agency approval and to which the City is a party, or to the specifications for such a contract;

6. grant City approval to a plan, design, report, study, or similar item;

7. adopt, or grant City approval of, policies, standards, or guidelines for the agency, or for any subdivision thereof; or
b. serve in a staff capacity with the City and in that capacity participate in making a governmental decision as defined in 2 California Code of Regulations ("C.C.R") § 18704(a) and (b) or perform the same or substantially all the same duties for the City that 2 9.6.b
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Attachment: Exhibit 1 - TRB Agreement & Scope of Services (Contract for On-Call Building Services) would otherwise be performed by an individual holding a position specified in the City's Conflict oflnterest Code under 2 C.C.R. § 87302. (2 C.C.R. § 18700.3.)

8. Professional Ability of Consultant. City has relied upon the professional training and ability of Consultant to perform the services hereunder as a material inducement to enter into this Agreement. Consultant shall therefore provide properly skilled professional and technical personnel to perform all services under this Agreement. All work performed by Consultant under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily to be expected of competent professionals in Consultant's field of expertise.

9. Indemnity. Consultant agrees to defend, indemnify and hold harmless the City, its officers, agents, employees and volunteers from and against any and all claims, demands, actions, losses, damages, injuries, and liability, direct or indirect (including any and all related costs and expenses in connection therein), arising out of the performance of this Agreement, except for any such claim arising out of the sole negligence or willful misconduct of the City, its officers, agents, employees or volunteers.

10. Insurance Requirements.
a. Consultant, at Consultant's own cost and expense, shall procure and maintain, for the duration of the contract, the following insurance policies. To the extent that any portion of the following requirements are satisfied through excess or umbrella coverage, such coverage shall be maintained on the same terms as are required for the primary policies under this Agreement.
i. Workers' Compensation Coverage. Consultant shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his/her employees in accordance with the laws of the State of California. In addition, Consultant shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California for all of the subcontractor's employees. Any notice of cancellation or non-renewal of all Workers' Compensation policies must be received by the City at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Consultant for City. ii. General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than two million dollars ($2,000,000) per occurrence for bodily injury, personal injury and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed 3 9.6.b
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Attachment: Exhibit 1 - TRB Agreement & Scope of Services (Contract for On-Call Building Services) under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit.
m. Automobile Liability Coverage. Consultant shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired and non-owned vehicles, in an amount of not less than two million dollars ($2,000,000) combined single limit for each occurrence.
iv. Professional Liability Coverage. Consultant shall maintain professional errors and omissions liability insurance for protection against claims alleging negligent acts, errors or omissions which may arise from Consultant's operations under this Agreement, whether such operations be by the Consultant or by its employees, subcontractors, or subconsultants. The amount of this insurance shall not be less than two million dollars ($2,000,000) on a claims-made annual aggregate basis, or a combined single-limit per occurrence basis. b. Policy Endorsements. Each general liability and automobile liability insurance policy shall be with insurers possessing a Best's rating of no less than A: VII and shall be endorsed with the following specific language:
i. The City of Pleasant Hill, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work or operations.
ii. This policy shall be considered primary insurance as respects the City, its elected or appointed officers, officials, employees, agents and volunteers. Any insurance maintained by the City, including any self-insured retention the City may have, shall be considered excess insurance only and shall not contribute with it.

If Consultant maintains higher insurance limits than the minimums specified herein, City shall be entitled to coverage for the higher limits maintained by the Consultant.
111. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring Consultant.
iv. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents or volunteers.
4 9.6.b
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Attachment: Exhibit 1 - TRB Agreement & Scope of Services (Contract for On-Call Building Services) v. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) days written notice has been received by the City.
c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the City's option, Consultant shall demonstrate financial capability for payment of such deductibles or self-insured retentions.
d. Certificates of Insurance and Endorsements. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Certificates of such insurance shall be filed with the City on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement. e. Wasting Policies. No policy required herein shall include a "wasting" policy limit (i.e. limit that is eroded by the cost of defense).
f. Waiver of Subrogation. Consultant hereby agrees to waive subrogation which any insurer or contractor may require from Consultant by virtue of the payment of any loss. Consultant agrees to obtain any endorsements that may be necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. 11 . Compliance with Laws. Consultant shall use the standard of care in its profession to comply with all applicable federal, state and local laws, codes, ordinances and regulations.

12. Licenses. Consultant represents and warrants to City that it has all licenses, permits, qualifications, insurance and approvals of whatsoever nature which are legally required of Consultant to practice its profession. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance and approvals which are legally required of Consultant to practice its profession. Consultant shall maintain a City of Pleasant Hill business license.

13. Controlling Law Venue. This Agreement and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this Agreement shall be held exclusively in a state court in the County of Contra Costa, Martinez, California.

14. Written Notification. Any notice, demand, request, consent, approval or communication that either party desires or is required to give to the other party shall be in writing and either served personally or sent prepaid, first class mail. Any such notice, demand, etc. shall be addressed to the other party at the address set forth herein below. Either party may change its address by notifying the other party of the change of address. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section. 5 9.6.b
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Attachment: Exhibit 1 - TRB Agreement & Scope of Services (Contract for On-Call Building Services)

15. Ifto City:

If to Consultant:

City of Pleasant Hill
100 Gregory Lane
Pleasant Hill, CA 94523-3323
TRB &Associates
3180 Crow Canyon Place, Suite 216
San Ramon, CA 94583
Consultant's Books and Records.
a. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant to this Agreement.
b. Consultant shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years, or for any longer period required by law, from the date of termination or completion of this Agreement.
c. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Manager, City Attorney, City Auditor or a designated representative of these officers. Copies of such documents shall be provided to the City for inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Consultant's address indicated for receipt of notices in this Agreement.
d. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Consultant's business, City may, by written request by any of the above named officers, require that custody of the records be given to the City and that the records and documents be maintained in City Hall. Access to such records and documents shall be granted to any party authorized by Consultant, Consultant's representatives, or Consultant's successor-in-interest.

16. Entire Agreement. This Agreement constitutes the complete and exclusive statement of Agreement between the City and Consultant. All prior written and oral communications, including correspondence, drafts, memoranda, and representations, are superseded in total by this Agreement.

17. Amendments. This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney.

18. Waiver. No failure on the part of either party to exercise any right or remedy hereunder shall operate as a waiver of any other right or remedy that party may have hereunder. 6 9.6.b
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19. Litigation Expenses and Attorneys' Fees. If either party to this Agreement commences any legal action against the other party arising out of this Agreement, the prevailing party shall be entitled to recover its reasonable litigation expenses, including court costs, expert witness fees, discovery expenses, and attorneys' fees.

20. Execution. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart.

21. Assignment and Subcontracting. The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Consultant. Assignments of any or all rights, duties or obligations of the Consultant under this Agreement shall be permitted only with the express consent of the City. Consultant shall not subcontract any portion of the work to be performed under this Agreement without the written authorization of the City. If City consents to such subcontract, Consultant shall be fully responsible to City for all acts or omissions of the subcontractor. Nothing in this Agreement shall create any contractual relationship between City and subcontractor nor shall it create any obligation on the part of the City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise is required by law.

22. Termination. This Agreement may be terminated immediately for cause or by either party without cause upon fifteen days' written notice of termination. Upon termination, Consultant shall be entitled to compensation for services performed up to the effective date of termination.

IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above.

CITY OF PLEASANT HILL: CONSULTANT:

Ethan Bindernagel, City Manager
By:_.....- ,¥-: C: ~ -r-~ /$,t,l'-er'
Title: President
Business License# 37270
APPROVED AS TO FORM: ATTEST:

Janet E. Coleson, City Attorney City Clerk
7 9.6.b
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Packet Pg. 130 Attachment: Exhibit 1 - TRB Agreement & Scope of Services (Contract for On-Call Building Services) RESOLUTION NO. -24

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

AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH WC3, INC. TO PROVIDE PERMIT TECHNICIAN, PLAN

REVIEW, AND INSPECTION SERVICES
WHEREAS, the City Council is requested to authorize the City Manager to execute a Professional Services Agreement with WC3, Inc. (“Consultant”) to perform Permit Technician, Plan Review, and Inspection Services on an as-needed basis; and WHEREAS, Staff issued a Request for Proposals (RFP) to building consultant firms on October 25, 2023 and received 10 Statements of Qualifications on November 22, 2023; and WHEREAS, the Consultant met all RFP requirements and demonstrated they have the required experience, knowledge, and resources to provide Permit Technician, Plan Review, and Inspection Services; and
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Pleasant Hill that the City Manager is hereby authorized to execute a Professional Services Agreement, in a form approved by the City Attorney, with WC3, Inc. (Exhibit 1) in an amount not to exceed $50,000 for the provision of Permit Technician, Plan Review, and Inspections Services on an asneeded basis; and BE IT FURTHER RESOLVED the contract agreement shall last three years in duration with the option for the City, at its sole discretion, to extend the contract up to two additional years.

ADOPTED by the City Council of the City of Pleasant Hill at a regular meeting held on the 5
th day of February, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

MATTHEW RINN, Mayor
ATTEST:

LYONE P. CONNER, City Clerk

9.6.c
Packet Pg. 131 Attachment: Proposed Resolution – WC3, Inc. (Contract for On-Call Building Services) 1 AGREEMENT FOR PROFESSIONAL SERVICES
This Agreement is made and entered into as of the 5th day of February, 2024, by and between the City of Pleasant Hill ("City") and West Coast Code ConsultantsInc, ("Consultant").

AGREEMENT
The Recitals listed above are hereby incorporated into and shall constitute a part of this Agreement.

1. Scope of Services. The Consultant shall furnish the following services in a professional manner:

5. Ownership of Documents. All plans, studies, documents and other writings prepared by and for Consultant, its officers, employees and agents and subcontractors in the course of

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Packet Pg. 132 Attachment: Exhibit 1 - WC-3 Agreement & Scope of Services (Contract for On-Call Building Services) 2 implementing this Agreement, except working notes and internal documents, shall become the property of the City upon payment to Consultant for such work, and the City shall have the sole right to use such materials in its discretion without further compensation to Consultant or to any other party. Consultant shall, at Consultant's expense, provide such reports, plans, studies, documents and other writings to City upon written request. 6 Independent Contractor. It is understood that Consultant, in the performance of the work and services agreed to be performed, shall act as and be an independent contractor and shall not act as an agent or employee of the City. Consultant shall obtain no rights to retirement benefits or other benefits which accrue to City's employees, and Consultant hereby expressly waives any claim it may have to any such rights.

Consultant is not a designated employee within the meaning of the Political Reform Act because Consultant will not:
a. make a governmental decision whether to:

1. approve a rate, rule, or regulation;

2. adopt or enforce a law;

3. issue, deny, suspend, or revoke any permit, license, application, certificate, approval, order, or similar authorization or entitlement;

4. authorize the City to enter into, modify, or renew a contract provided it is the type of contract that requires agency approval;

5. grant City approval to a contract that requires agency approval and to which the City is a party, or to the specifications for such a contract;

6. grant City approval to a plan, design, report, study, or similar item;

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Packet Pg. 133 Attachment: Exhibit 1 - WC-3 Agreement & Scope of Services (Contract for On-Call Building Services) 3 would otherwise be performed by an individual holding a position specified in the City’s Conflict of Interest Code under 2 C.C.R. § 87302. (2 C.C.R. § 18700.3.)

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Packet Pg. 134 Attachment: Exhibit 1 - WC-3 Agreement & Scope of Services (Contract for On-Call Building Services) 4 under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit.
iii. Automobile Liability Coverage. Consultant shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired and non-owned vehicles, in an amount of not less than two million dollars ($2,000,000) combined single limit for each occurrence.
iv. Professional Liability Coverage. Consultant shall maintain professional errors and omissions liability insurance for protection against claims alleging negligent acts, errors or omissions which may arise from Consultant's operations under this Agreement, whether such operations be by the Consultant or by its employees, subcontractors, or subconsultants. The amount of this insurance shall not be less than two million dollars ($2,000,000) on a claims-made annual aggregate basis, or a combined single-limit per occurrence basis. b. Policy Endorsements. Each general liability and automobile liability insurance policy shall be with insurers possessing a Best's rating of no less than A:VII and shall be endorsed with the following specific language:
i. The City of Pleasant Hill, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work or operations.
ii. This policy shall be considered primary insurance as respects the City, its elected or appointed officers, officials, employees, agents and volunteers. Any insurance maintained by the City, including any self-insured retention the City may have, shall be considered excess insurance only and shall not contribute with it.

If Consultant maintains higher insurance limits than the minimums specified herein, City shall be entitled to coverage for the higher limits maintained by the Consultant.
iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring Consultant.
iv. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents or volunteers.

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Packet Pg. 135 Attachment: Exhibit 1 - WC-3 Agreement & Scope of Services (Contract for On-Call Building Services) 5 v. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) days written notice has been received by the City.
c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the City's option, Consultant shall demonstrate financial capability for payment of such deductibles or self-insured retentions.
d. Certificates of Insurance and Endorsements. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Certificates of such insurance shall be filed with the City on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement. e. Wasting Policies. No policy required herein shall include a “wasting” policy limit (i.e. limit that is eroded by the cost of defense).
f. Waiver of Subrogation. Consultant hereby agrees to waive subrogation which any insurer or contractor may require from Consultant by virtue of the payment of any loss. Consultant agrees to obtain any endorsements that may be necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.

11. Compliance with Laws. Consultant shall use the standard of care in its profession to comply with all applicable federal, state and local laws, codes, ordinances and regulations.

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Packet Pg. 136 Attachment: Exhibit 1 - WC-3 Agreement & Scope of Services (Contract for On-Call Building Services) 6 If to City: City of Pleasant Hill
100 Gregory Lane
Pleasant Hill, CA 94523-3323
If to Consultant: West Coast Code Consultants Inc,
5000 Executive Parkway, Suite 510
San Ramon, CA 94583

15. Consultant's Books and Records.
a. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant to this Agreement.
b. Consultant shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years, or for any longer period required by law, from the date of termination or completion of this Agreement.
c. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Manager, City Attorney, City Auditor or a designated representative of these officers. Copies of such documents shall be provided to the City for inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Consultant's address indicated for receipt of notices in this Agreement.
d. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Consultant's business, City may, by written request by any of the above named officers, require that custody of the records be given to the City and that the records and documents be maintained in City Hall. Access to such records and documents shall be granted to any party authorized by Consultant, Consultant's representatives, or Consultant's successor-in-interest.

17. Amendments. This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney.

18. Waiver. No failure on the part of either party to exercise any right or remedy hereunder shall operate as a waiver of any other right or remedy that party may have hereunder.

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Packet Pg. 137 Attachment: Exhibit 1 - WC-3 Agreement & Scope of Services (Contract for On-Call Building Services) 7 19. Litigation Expenses and Attorneys' Fees. If either party to this Agreement commences any legal action against the other party arising out of this Agreement, the prevailing party shall be entitled to recover its reasonable litigation expenses, including court costs, expert witness fees, discovery expenses, and attorneys' fees.

IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above.

CITY OF PLEASANT HILL: CONSULTANT:
__________________________ By:

Ethan Bindernagel, City Manager
Title:

Business License #
APPROVED AS TO FORM: ATTEST:
__________________________ __________________________
Janet E. Coleson, City Attorney City Clerk
Giyan Senaratne, Principal, CEO In-progress

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Packet Pg. 138 Attachment: Exhibit 1 - WC-3 Agreement & Scope of Services (Contract for On-Call Building Services) 8 Attachments: Exhibit A – Scope of Services and Schedule of Charges

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Packet Pg. 139 Attachment: Exhibit 1 - WC-3 Agreement & Scope of Services (Contract for On-Call Building Services) West Coast Code Consultants, Inc.

Teaming with Your Community to Make a Difference
Attn: Geoff Simmons, CBO
Chief Building Official
City of Pleasant Hill
Building Division
100 Gregory Lane
Pleasant Hill, CA 94523
(925) 671-5214
[email protected]

PROPOSED COMPENSATION
Prepared for: City of Pleasant Hill, CA
Community Development Department, Building Division
Submitted by: Wednesday, November 22, 2023, 2 pm PST
Permit Technician, Plan
Review and Building
Inspection Services
West Coast Code Consultants, Inc.

San Ramon Corporate Office
5000 Executive Parkway, Suite 510
San Ramon, CA 94583
CALIFORNIA | UTAH | WASHINGTON | NEVADA | IDAHO
PROJECT CONTACT:

Zahra Fattah
Client Manager / Plan Review Manager
5000 Executive Parkway, Suite 510
San Ramon, CA 94583
P: (925) 275-1700
E: [email protected]
www.WC-3.com

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Packet Pg. 140 Attachment: Exhibit 1 - WC-3 Agreement & Scope of Services (Contract for On-Call Building Services) Teaming with Your Community to Make a Difference | www.WC-3.com 2 Section 4 - Proposed Compensation

SCOPE OF WORK

COST SHEET
Please use this sheet to indicate the costs for each of the items listed on the Scope of Work:

Permit Technician
In-Person Services $______/Hour
Plan Review
Standard Plan Review $______/Hour
Structural Plan Review $______/Hour
Independent Expedited Review Submit Fee Schedule based on applicant payment CASp Plan Review $_____/Hour
Inspection Services
Periodic Inspection $_________/Hour
Part Time Inspection $_________/Hour
Full Time Inspection $_________per year (or other method) CASp Inspection $_________/Hour
CASp Inspection Report* $_________/per inspection
* If not included in hourly inspection cost.

IF RATE OR CHARGES DIFFER FROM THE ABOVE SCHEDULE, PLEASE PROVIDE EXPLANATION OF CHARGES AND RATES WITH ATTACHMENTS.

85.00 135.00
145.00
155.00
135.00
135.00
130.00*
155.00
N/A
*Per Hour
Please see additional notes and details on subsequent page.

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Packet Pg. 141 Attachment: Exhibit 1 - WC-3 Agreement & Scope of Services (Contract for On-Call Building Services) Teaming with Your Community to Make a Difference | www.WC-3.com 3 Section 4 - Proposed Compensation (Continued)
Annual Hourly Rate Adjustment - WC3’s proposed hourly rates are applicable through June 30, 2024. Hourly rates are subject to an annual increase based on a minimum 3% cost-of-living, the Engineering News Record’s (ENR) Construction Cost Index (CCI), or the Consumer Price Index - Urban (CPI-U); whichever is greater.

Plan Review Services - Plan check services will be billed on an hourly basis with a minimum charge of 2-hours and a mutually acceptable not-to-exceed amount. Specialized consulting services and/or meetings between plan review staff, applicants and/or City staff will also be billed on and hourly basis, with prior approval by the City.

Preliminary, Revisions and Deferred Submittals - Preliminary plan reviews, review of revisions after a project has been approved, review of shop drawings, and review of deferred submittals, etc. will be completed on an hourly basis with a minimum charge of 2-hours and a mutually acceptable not-to-exceed amount.

Expedited Plan Review - Expedited plan review may be accommodated upon request with 24 hours' notice at 150% of proposed rates. This service will be accommodated for both percentage based and fixed fee/contract rate packages, as well as for hourly rate contracts and services.

Electronic Plan Review - Electronic plan review services will be performed for percentage-based plan review services facilitated off-site at WC3 office locations, as well for hourly plan review projects associated with inhouse City services. WC3 will automatically coordinate all processes.

Prevailing Wage Assignments - Proposed hourly rates for Inspection Services are not applicable to prevailing wage assignments. Any prevailing wage assignment rates submitted to the jurisdiction will comply with State of California's Department of Industrial Relations (DIR) regulations.

On-Site, In-House or Inspection Services - On site or in-house services (plan review, permit technician, CBO services) will be provided in eight (8) hour segments. An eight (8) hour minimum is required for all requested inspection services. Certified Building Official rates will be dependent upon proposed candidate.

Overtime - On-site, in-house or inspection services more than forty (40) hours a week, overtime work, holiday work, weekend work, etc. will be invoiced as follows:
• Overtime – One hundred fifty percent (150%) of regular rates. Overtime is defined as working more than forty (40) hours a week, more than eight (8) hours a day or more than six (6) consecutive days in a week
• Double Overtime – Two hundred percent (200%) of regular rates. Double overtime is defined as working more than twelve (12) hours a day or working more than eight (8) hours on the seventh consecutive day of work.
• Holidays and Weekends – Two hundred percent (200%) of regular rates.

Reimbursable Expenses - Reimbursable expenses (i.e., specialized equipment rental or printing costs) will be authorized prior to charge and billed at actual cost + 10% mark up.

Courier / Delivery Expenses - Should the need arise, WC3 will use our established shipping service to pick up documents for courier/delivery to and from our WC3 office(s) at no additional cost.

Mileage Expenses - When applicable, reimbursements for mileage are for the use of personal automobiles within the City’s limits, typically Building Inspectors. Reimbursements for mileage are applicable to the staff hourly rate plus the Internal Revenue Service’s (IRS) standard mileage rate.

Invoicing Procedures - At the beginning of each month, WC3 will furnish the City an invoice and a statement of work performed for compensation during the preceding month. *

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Packet Pg. 142 Attachment: Exhibit 1 - WC-3 Agreement & Scope of Services (Contract for On-Call Building Services) West Coast Code Consultants, Inc.

PROPOSAL RESPONSE
Prepared for: City of Pleasant Hill, CA
Community Development Department, Building Division
Submitted by: Wednesday, November 22, 2023, 2 pm PST
Permit Technician, Plan
Review and Building
Inspection Services
West Coast Code Consultants, Inc.

San Ramon Corporate Office
5000 Executive Parkway, Suite 510
San Ramon, CA 94583
CALIFORNIA | UTAH | WASHINGTON | NEVADA | IDAHO
PROJECT CONTACT:

Zahra Fattah
Client Manager / Plan Review Manager
5000 Executive Parkway, Suite 510
San Ramon, CA 94583
P: (925) 275-1700
E: [email protected]
www.WC-3.com

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Packet Pg. 143 Attachment: Exhibit 1 - WC-3 Agreement & Scope of Services (Contract for On-Call Building Services) November 22, 2023
Geoff Simmons, CBO
Chief Building Official
Building Division
City of Pleasant Hill
100 Gregory Lane
Pleasant Hill CA, 94523
RE: Request for Proposal - Permit Technician, Plan Review and Building Inspection Services Dear Mr. Simmons:

West Coast Code Consultants, Inc. (WC3) is pleased to present our proposal response to the City of Pleasant Hill to assist with Permit Technician, Plan Review and Building Inspection Services. For over 17 years, WC3 has cultivated a strong reputation for providing reliable support and excellent service to community development departments and governmental agencies across the United States. With a professional track record, we have embraced this opportunity and affirm that WC3 meets the minimum qualifications stated in the Request for Proposal (RFP) and understand the scope of work to be completed for the City. Our firm is hopeful to provide these important services to the City.

WC3 is an S-Corporation with a team of professionals comprised of licensed professional engineers, structural engineers, fire protection engineers, land surveyors, ICC-certified building officials, fire marshals, plans examiners, building and public works inspectors, permit technicians and other professionals. Our long-standing experience of working on various architectural, structural, mechanical, electrical, plumbing, solar, fire, civil and energy projects has provided WC3 with unparalleled knowledge of the provisions outlined in local codes and ordinances, State Codes, Federal Codes and Standards. Our combined experience, knowledge and customer service is key to our performance and we are confident WC3 is fully capable of meeting the needs for this project. Key strategies for serving the City of Pleasant Hill will include, but not be limited to the following:

X Provide accurate and responsive plan review, building inspection, and permit technician services to ensure compliance with applicable codes and their referenced standards.

X Provide the highest level of customer service and perform plan reviews that meet or beat standard turnaround times.

X Balance the need to ensure conformance to standards and regulations with the need for predictability, uniformity, and efficiency.

We thank you for your consideration and look forward to the opportunity of working together in this capacity. We are confident in our ability to meet the needs of the City of Pleasant Hill and eager to deliver professional, thorough service with our diverse, experienced team. If you have any questions or require further information, please feel free to contact myself, or our Client Manager, Ms. Zahra Fattah at anytime. She can be reached at:

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Packet Pg. 144 Attachment: Exhibit 1 - WC-3 Agreement & Scope of Services (Contract for On-Call Building Services) Teaming with Your Community to Make a Difference | www.WC-3.com ii Table of Contents
WEST COAST CODE CONSULTANTS, INC.

PHONE: (925) 275-1700 | EMAIL: [email protected]
5000 Executive Parkway, Suite 510, San Ramon, CA 94583 | www.WC-3.com Section 1 - Project Team and Experience 1
Section 2 - Performance 10
Section 3 - Resumes 18
Section 4 - Proposed Compensation (Under Separate Cover) Section 5 - References 43

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Packet Pg. 146 Attachment: Exhibit 1 - WC-3 Agreement & Scope of Services (Contract for On-Call Building Services) Teaming with Your Community to Make a Difference | www.WC-3.com 2 Section 1 - Project Team and Experience
Highlights
Firm Overview
West Coast Code Consultants, Inc. (WC3) is a
code compliance consulting firm, specializing in
comprehensive plan review, inspection and staff
augmentation services for municipalities, jurisdictions and government entities. Founded by Giyan Senaratne
in 2006, WC3 has experienced steady growth over
the past seventeen (17) years and evolved from a
small central team in California to an industry leader
throughout the United States. WC3 serves clients with
11 office locations in six states and over 125 employees.

If a contract is awarded to our firm, our San Ramon
Corporate Office will primarily service the City of
Pleasant Hill contract.

Principal / CEO
Giyan Senaratne, PE, SE, LEED AP
O: (925) 275-1700 | E: [email protected]
Client Manager
Zahra Fattah | Plan Review Manager
O: (925) 275-1700| E: [email protected]

COMMUNICATION
Good
communication
is a top priority
in providing good
service. WC3 staff
members assigned to
the City of Pleasant
Hill projects will be
responsive and easy
to contact by email
and/or phone.

Our qualified team
performs a variety
of timely plan reviews,
including:

Residential Developments
Commercial Occupancies
Tenant Improvements
Institutional Facilities
Essential Service Buildings
Medical Labs & Facilities
Public Works & More
WC3 has been
providing building
department services
for over a decade.

Each team member
working on the
City of Pleasant Hill
projects will have
obtained all requisite
certifications and
licensing.

Founded Staff Federal ID/Tax ID
2006 125+ 204707579
San Ramon Corporate Office
5000 Executive Parkway, Suite 510
San Ramon, CA 94583
P: (925) 275-1700 | F: (925) 275-0600
Regional | Satellite Offices
South San Francisco, CA; Oakland, CA; Oceanside, CA;
Fresno, CA; Lynnwood, WA; Layton, UT; Sandy, UT;
Sparks, NV; Meridian, ID; Frederick, MD
Recognition & Accomplishments
• ICC Preferred Education Provider (#1129)
• AIA Education Provider (#38839994)
• 2022, 2014 & 2010 ICC Chapter Industry
Awards for Excellence
• 2021, 2019 & 2015 ICC Chapter Education Awards
• 2019 ICC Chapter Permit Tech of the Year
• 2021 Plumbing Essentials Handbook Author
• 2021 & 2018 IBC Handbook Co-Author
• 2018 IEBC Handbook Author
• 2018 IRC Plan Review Course Developer
• 2018 IBC Structural/Non-Structural Plan
Review Course Developer

ON-TIME PLAN REVIEW QUALIFIED
Certification

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Packet Pg. 147 Attachment: Exhibit 1 - WC-3 Agreement & Scope of Services (Contract for On-Call Building Services) Teaming with Your Community to Make a Difference | www.WC-3.com 3 Key Personnel
WC3 has established an experienced team of individuals that would seamlessly augment the City of Pleasant Hill staff. The San Ramon Corporate Office will serve as the management center for this project and Ms. Zahra Fattah will serve as Client Manager and key WC3 contact for the City. The following includes a brief summary of our proposed key contacts. On the subsequent pages, additional members of the designated team are listed with specific assignment of in an Organization Chart, as well as a Table of Qualifications, displaying all licensing, certifications, experience, and availability of each individual. Full resumes can be found in Section 3, while copies of actual requisite licensing or certifications may be provided upon request.

Giyan Senaratne, will serve as Principal-in-Charge. He is a licensed California Professional Engineer and the Principal of WC3. With over 36 years of experience, Giyan has expertise working on some of the most complex mixed-use buildings and industrial facilities throughout California and the United States. His knowledge of all codes is sought by many Building Officials and design professionals to assist in resolving difficult code issues. He is highly experienced in successfully managing municipal departments and agency projects from top to bottom, including oversight of licensed engineers, architects and certified professionals, holding exceptional qualifications and experience in assisting government agencies.

Giyan Senaratne, PE, SE, LEED AP
Principal-in-Charge / CEO
We propose the services of Ms. Zahra Fattah as our main point of contact and Client Manager for the City of Pleasant Hill. Ms. Fattah has over 20 years of structural design experience with 13 years as a design engineer and several as structural and non-structural plan review engineer. She brings a broad range of experience to any project. As a plan review engineer she has reviewed hundreds of projects for jurisdictions throughout California. Types of projects reviewed include single family dwellings, podium type residential complexes, corporate offices, OSHPD medical facilities and data centers. She has provided in-house plan review services in multiple jurisdictions throughout the Bay Area and currently leads WC3's plan review division in California. Mrs. Fattah is a long time Bay Area resident and is intimately familiar with the Northern California built environment.

Zahra Fattah
Client Manager / Plan Review Manager / Sr. Building Plan Review Engineer Section 1 - Project Team and Experience (Continued)

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Packet Pg. 148 Attachment: Exhibit 1 - WC-3 Agreement & Scope of Services (Contract for On-Call Building Services) Teaming with Your Community to Make a Difference | www.WC-3.com 4 Organizational Chart
Section 1 - Project Team and Experience (Continued)
Principal-in-Charge / CEO
Giyan Senaratne, PE, SE, LEED AP
Client Manager
Zahra Fattah
Donald Zhao, PE, MCP, CBO
Vice President
Senior Building Plan Review Engineer
Eric Schneiderjohn, PE, QSD
Vice President
Senior Plan Review Engineer
Zahra Fattah
Plan Review Manager
Senior Building Plan Review Engineer
Keith Ma, PE, SE
Lead Structural Plan Review Engineer
Noel Mendoza
Lead Building Plan Review Engineer
Andrew Wallace
Lead Building Plans Examiner
Curtis Hume, PE, SE
Senior Structural Plan Review Engineer
Todd Snider, PE, SE
Senior Structural Plan Review Engineer
George Williams, MCP, CBO
Senior Mechanical/Plumbing Plans Examiner
Doug Smith, MCP, CBO
Senior Electrical Plans Examiner
Souad Maghrbi
Building Plan Review Engineer
Bassamat Bahnasy
Building Plans Examiner
Craig Hanson, CFPS
Fire Protection Specialist
West Coast Code Consultants (WC3)
H. Joe Rossbach, MCP, CBO
Building Inspection Supervisor
Alan Wong
Building Inspector
Leo Bautista
Building Inspector
Gil Chavez
Building Inspector
Eric Cabana
Building Inspector

PLAN REVIEW SERVICES BUILDING INSPECTION SERVICES

PERMIT TECHNICIAN SERVICES
Supplemental qualified and certified staff
is available for additional support. Team
members will be presented to the City of
Pleasant Hill for review at time of request.

Angelina Carrillo
Permit Technician Supervisor
Angela Silveira
Permit Technician
Perlita Padaoan
Permit Technician

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Packet Pg. 149 Attachment: Exhibit 1 - WC-3 Agreement & Scope of Services (Contract for On-Call Building Services) Teaming with Your Community to Make a Difference | www.WC-3.com 5 WC3‘s Proposed Team - Table of Qualifications & Availability

CLIENT MANAGEMENT
Zahra Fattah
Client Manager / Plan Review Manager
Senior Building Plan Review Engineer
• BA: Structural Engineering
• BS: Applied Physics
• ICC CA Plans Examiner
• 23+ Years Industry Experience
• Availability to Project: 100%
• Availability Upon Assignment: 100%

PLAN REVIEW SERVICES
Donald Zhao, PE, MCP, CBO
Vice President
Senior Building Plan Review Engineer
• Registered PE: CA 79723
• Master Code Professional
• ICC Certified Building Official
• 17+ Years Industry Experience
• Availability to Project: 6%
• Availability Upon Assignment: 100%
Eric Schneiderjohn, PE, QSD
Vice President
Senior Plan Review Engineer
• Registered PE: CA 87019
• ICC Building Plans Examiner
• Qualified SWPPP Designer (QSD)
• 9+ Years Industry Experience
• Availability to Project: 6%
• Availability Upon Assignment: 100%
Keith Ma, PE, SE
Lead Structural Plan Review Engineer
• Registered PE: CA 64767
• Registered SE: 5065
• 20+ Years Industry Experience
• Availability to Project: 17%
• Availability Upon Assignment: 100%
Noel Mendoza
Lead Building Plan Review Engineer
• BS: Civil Engineering
• Engineer in Training Certification
• ICC Building Plans Examiner
• 8+ Years Industry Experience
• Availability to Project: 16%
• Availability Upon Assignment: 100%
Andrew Wallace
Lead Building Plans Examiner
• BS: Environmental Sciences
• CA Building Plans Examiner
• OSHA HAZWOPER
• 8+ Years Industry Experience
• Availability to Project: 16%
• Availability Upon Assignment: 100%
Curtis Hume, PE, SE
Senior Structural Plan Review Engineer
• Registered PE: CA 38266
• Registered SE: S3134
• +3 Additional Licenses in WA / AZ
• 43+ Years Industry Experience
• Availability to Project: 6%
• Availability Upon Assignment: 100%
Todd Snider, PE, SE
Senior Structural Plan Review Engineer
• MA: Civil Engineering Structural Emphasis
• BS: Civil Engineering
• PE: California C 80941
• 18+ Years Industry Experience
• Availability to Project: 5%
• Availability Upon Assignment: 100%
George Williams, MCP, CBO
Senior Mechanical/Plumbing Plans Examiner
• ICC Master Code Professional
• ICC Certified Building Official
• ICC Mech./Plumb Code Specialist
• 18+ Years Industry Experience
• Availability to Project: 6%
• Availability Upon Assignment: 100%
Doug Smith, MCP, CBO
Senior Electrical Plans Examiner
• ICC Master Code Professional
• ICC Certified Building Official
• ICC Fire Plans Examiner
• 18+ Years Industry Experience
• Availability to Project: 6%
• Availability Upon Assignment: 100%
Souad Maghrbi
Building Plan Review Engineer
• BS: Engineering
• ICC CA Building Plans Examiner
• 20+ Years Industry Experience
• Availability to Project: 5%
• Availability Upon Assignment: 100%
Bassamat Bahnasy
Building Plans Examiner
• BA: Architecture
• LEED AP Credential
• ICC Building Plans Examiner
• 30+ Years Industry Experience
• Availability to Project: 5%
• Availability Upon Assignment: 100%
Craig Hanson, CFPS
Fire Protection Specialist
• BA: Bachelor of Arts
• AS: Applied Science
• Fire Protection Specialist
• IFSAC Fire Inspector
• Availability to Project: 6%
• Availability Upon Assignment: 100%
Section 1 - Project Team and Experience (Continued)
Table of Qualifications and Project Availability
The following is a brief description of the qualifications and availability of our staff that will work directly with the City of Pleasant Hill. Please see "Section 3 - Resumes" for the complete resumes of our team. Copies of stated licenses and certifications for each staff member may be provided upon request.

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Packet Pg. 150 Attachment: Exhibit 1 - WC-3 Agreement & Scope of Services (Contract for On-Call Building Services) Teaming with Your Community to Make a Difference | www.WC-3.com 6 WC3‘s Proposed Team - Table of Qualifications & Availability

BUILDING INSPECTION SERVICES
H. Joe Rossbach, MCP, CBO
Building Inspection Supervisor
• ICC Master Code Professional
• ICC Certified Building Official
• Combination Building Inspector
• 30+ Years Industry Experience
• Availability to Project: 28%
• Availability Upon Assignment: 100%
Alan Wong
Building Inspector
• ICC CA Building Inspector
• ICC Combination Inspector
• ICC Plans Examiner
• 37+ Years Industry Experience
• Availability to Project: 18%
• Availability Upon Assignment: 100%
Leo Bautista
Building Inspector
• 29+ Years Industry Experience
• ICC Building Inspector
• ICC Building Plans Examiner
• 25+ Years Industry Experience
• Availability to Project: 18%
• Availability Upon Assignment: 100%
Gil Chavez
Building Inspector
• BA: History Emphasis
• Building Inspector
• Building Plans Examiner
• 3+ Years Industry Experience
• Availability to Project: 18%
• Availability Upon Assignment: 100%
Eric Cabana
Building Inspector
• ICC Building Inspector
• ICC Plans Examiner
• 3 Years Industry Experience
• 3+ Years Industry Experience
• Availability to Project: 18%
• Availability Upon Assignment: 100%

PERMIT TECHNICIAN SERVICES
Angelina Carrillo
Permit Technician Supervisor
• Permit Technician
• 13 + Years Industry Experience
• Bachelor of Science
• Availability to Project: 40%
• Availability Upon Assignment: 100%
Angela Silveira
Permit Technician
• Permit Technician
• 9+ Years Industry Experience
• Associate in Art
• Availability to Project: 30%
• Availability Upon Assignment: 100%
Perlita Padaoan
Permit Technician
• Permit Technician
• 2+ Years Industry Experience
• Availability to Project: 30%
• Availability Upon Assignment: 100%
WC3 Building and Safety Services
WC3 is dedicated to providing a high level
of customer service. When clients become
short staffed or have surges in their
workload, we provide support in
new and creative ways to help
keep projects moving forward.

Section 1 - Project Team and Experience (Continued)

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Packet Pg. 151 Attachment: Exhibit 1 - WC-3 Agreement & Scope of Services (Contract for On-Call Building Services) Teaming with Your Community to Make a Difference | www.WC-3.com 7 Recent Projects and Public Agency Experience
Our professional team has experience reviewing various construction types and occupancies, including schools, community developments, retail establishments and tenant improvements, as well as more larger-scaled industrial and commercial projects. The following represents public sector projects completed within the last five (5) years that demonstrates WC3's experience performing services to complete the Scope of Work. WC3 has held previous contracts and has a great deal of experience working with jurisdictions similar to the City of Pleasant Hill. Throughout each project, our team applied a comprehensive understanding of multiple building codes and worked cohesively with design teams to help resolve code issues. All project schedules were adhered to and all project work was completed on time. Though multiple WC3 staff members have worked on the projects listed below, for the purpose of this RFP, we have listed only those associated with this proposal. No subcontractors were utilized for work associated with these projects.

NEIGHBORHOODS AT THE BOULEVARD
Occupancy: Single/Multi Family Residential Year: 2017-Ongoing Location: Dublin, CA Valuation: Unknown
The Neighborhoods at the Boulevard project is a one of kind community comprised of five different neighborhoods that include town-homes, single-family detached homes, penthouses and flats. WC3 performed complete
plan review of various structures and facilities within the project.

Gregory Shreeve | (925) 835-6628 | [email protected]

CULTURAL ARTS CENTER
Occupancy: A-3 Year: 2021
Location: Dublin, CA Valuation: $11.8M
This project entails the conversion of old Police Department space in the Dublin Civic Center into a Cultural Arts Center. Reviews were performed for the design and improvement of approximately 13,000 SF on the first floor.

The space will serve as a multi-use facility that affords cultural, educational and social opportunities for the community and includes an art gallery, a Black Box theater, multi-purpose classrooms, indoor/outdoor art yard, dance studio, and more.

Gregory Shreeve | (925) 835-6628 | [email protected] Section 1 - Project Team and Experience (Continued)
SONATA MASTER PLAN 1 - 4
Occupancy: Single Family Residential Year: 2022
Location: Redding, CA Valuation: Unknown
WC3 was pleased to perform plan review services for four single family residential home plans associated with a City of Redding community development. Surrounded by nine miles of the Sacramento River, amenities include parks and many outdoor activities. Plans include two car garages with finished square footage ranging from 1,339 to 2,2023 square feet that include three or four bedrooms and two and a half bathrooms.

Scott Hibbard | (530) 245-7197 | [email protected]

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MARRIOTT AC HOTEL & RESIDENCE INN
Occupancy: A-2, A-3, B, S-2 Year: 2018 & 2021
Location: Oakland, CA Valuation: $32K
WC3 performed the mechanical and plumbing plan reviews for this Marriott Hotel project in 2018. A recent review of the revised mechanical plans was also performed in 2021. This 18-story hotel with a partial basement and adjacent parking structure will be 207K square feet and host 275 guest rooms. The project will compliment the downtown high rise neighborhood and be in close proximity to public transportation.

Jing Wong, PE | (510) 238-6163 | [email protected]

AQUATIC V MULTI-FAMILY MIXED USE DEVELOPMENT
Occupancy: R-2, S-2, B Year: 2019 - 2021
Location: Berkeley, CA Valuation: $50.3M
The Aquatic V project is a new 6-story, 75,000SF mixed-use building. It entails 78 residential units with parking, three ground floor retail spaces, an elevated patio deck and two roof deck communal spaces with views of downtown San Francisco. Double cased micropiles are at the foundation to isolate the structure in proximity to an underground BART tunnel.

Jesse Bright | (510) 981-7523 | [email protected] Section 1 - Project Team and Experience (Continued)
SHERWIN WILLIAMS MIXED USE - BUILDINGS B1, B2, C & D
Occupancy: R, B, M, A Year: 2018 - Ongoing
Location: Emeryville, CA Valuation: Unknown
The Sherwin Williams Mixed Use Project entails 10 acres of project site, divided into five parcels, to accommodate 500 rental residential units, office space, retail/restaurant and gallery, meeting space in four new buildings, combining 86,000 square feet. WC3 administered complete building and civil plan review, as well as building and public works inspection services.

Charles Bryant | (510) 596-4361 | [email protected]

CAMPBELL LIBRARY RENOVATION
Occupancy: A-3 Year: 2021 - Ongoing
Location: Campbell, CA Valuation: Unknown
This project included a 65% partial drawing review, as well as the later review of complete construction documents, for renovations associated with the full remodel of the existing Campbell City Library. Area of alteration for this class A3 Library classification was 23,621 SF in this Type IIIB construction.

Bob Lennen | (408) 866-2133 | [email protected]

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1409 EL CAMINO REAL
Occupancy: S-2, R-2, B, A-3, M Year: 2017 - Ongoing
Location: Redwood City, CA Valuation: Unknown
1409 El Camino Real consists of three underground garage levels and eight stories above grade. Constructed as entirely Type I-A, the building sprawls across 71,500 SF with a total building SF of 558,519.

WC3 performed the complete architectural, structural and fire plan review.

Reviews associated with tenant improvements in related commercial space continue to this day.

Christina McTaggart | (650) 780-7350 | [email protected]

COMMUNITY CIVIC CAMPUS
Occupancy: A-2, A-3, B, S-2 Year: 2019 - Ongoing
Location: South San Francisco, CA Valuation: $210M
A forward thinking civic presence for the City of South San Fransisco that will include multi-functional, multi-user and interactive facilities. Built in three phases the project will include a police facility, library, parks and recreation center, community theater, city council chamber, parking garage and fire station.

Phillip Perry | (650) 829-6670, x6675 | [email protected] FIRE STATION #6 - BUILDINGS 1-9 AND STORAGE TANKS
Occupancy: Varies Year: 2018-2021
Location: City of Hayward, CA Valuation: $71M
In partnership with Chabot-Las Positas Community College District, the City of Hayward will develop a new regional center for firefighter, paramedic, rescue, and emergency response education and training. WC3 performed complete plan reviews for the nine planned buildings as well as above ground storage tanks. Construction was expected to be completed in the Fall of 2022.

Omar Noorzad | (510) 583-4313 | [email protected]

SAN BRUNO RECREATION & AQUATICS CENTER
Occupancy: A-3, B, S-2 Year: 2020 - 2021
Location: San Bruno, CA Valuation: $50 Million
The project is a new 47,184 SF, 2-story recreation and aquatic center building, associated site work and parking. It includes the demolition of existing two-story recreation center, single story aquatics center and site work to prepare for the new building, parking, landscape, as well as realignment of the portion of the creek and the road adjacent to the building. Scope work includes full plan review and deferrals.

Darcy Axiaq | (650) 616-7020 | [email protected]

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| www.WC-3.com 10
Section 2 - Performance

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Packet Pg. 155 Attachment: Exhibit 1 - WC-3 Agreement & Scope of Services (Contract for On-Call Building Services) Teaming with Your Community to Make a Difference | www.WC-3.com 11 The WC3 team is comprised of licensed and certified...

WC3 has been serving local jurisdictions with complete plan review, inspection, staff augmentation and other comprehensive services for over 17 years. The company was founded on a commitment to supporting municipalities with exceptional service, code expertise and creative problem-solving. The same guiding philosophy continues to serve our clients to this day and WC3 continues to thrive with the ability to adapt to each client’s needs. Whether it’s a 40-story high-rise, or a complex mixed-use commercial and residential occupancy, we’ve assisted coastal and inland cities throughout California with all types of projects—both large and small. Our team of highly qualified professionals is licensed, certified and understands all aspects of code. We strive to meet aggressive turnaround times to keep projects on schedule and always address questions and concerns in a polite and friendly manner.

When in-house teams are understaffed, require specific expertise on complex projects, or feel overwhelmed with a long list of projects, WC3 is available to handle all technical aspects or project overflow for your community. We serve in matters to help fulfill obligations and can join in on phone calls or meetings with City officials, employees or applicants. In many instances, our employees have served jurisdictions in a variety of roles, including administrative or front counter support, permit technicians, or to provide interim building official or fire marshal services. We strive for complete satisfaction and our remarkable employees are always ready to assist.

WC3 is recognized as an industry leader with a team who maintains a high level of skill and experience. Through our WC3 Academy, we are often invited to host live instructor training, as well as online, on-demand training courses in building safety and fire prevention for field and technical staff, nationally. We remain a leader in meeting everchanging industry standards and our employees are continually challenged to enhance their educations and pursue relevant certifications. This combination of experience, knowledge and customer service is the key to our success and helps us provide the very highest quality of service possible.

BUILDING SAFETY | FIRE PREVENTION | ENERGY & POWER
PUBLIC WORKS & CIVIL ENGINEERING | WC3 ACADEMY | ePROCESS360 Our Team
Structural Engineers
Civil Engineers
Fire Protection Engineers
Certified Fire Marshals
Certified Building Officials
Certified SWPPP Designers
Certified Plans Examiners
Certified Building Inspectors
Certified Public Works Inspectors
Certified Fire Inspectors
Certified Permit Technicians
Building /Fire Plan Reviews
Civil/Public Works Plan Review
Code Interpretation
Code Enforcement
Building/Fire/Civil/Energy Inspection
Building Official/Fire Marshal Services
Administrative Services
Staff Augmentation
Code Training/Education
Online Permitting/Municipal
Software Solutions
And More!
Section 2 - Performance (Continued)

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Packet Pg. 156 Attachment: Exhibit 1 - WC-3 Agreement & Scope of Services (Contract for On-Call Building Services) Teaming with Your Community to Make a Difference | www.WC-3.com 12 Statement of Understanding to Scope of Work
WC3 strives to adapt to the styles and requirements of every jurisdiction we serve. Each community is unique, and our staff is trained to provide individualized support for each of our clients. Permit technician, plan review, and inspection services shall be provided in compliance with the City's latest adopted and amended California Building, Residential, Mechanical, Electrical, Plumbing, CALGreen Fire and Life Safety Codes, NFPA, ADA, Title 24, Title 19 and Noise Attenuation and Structural Engineering Standards. We are confident in our ability to perform the duties outlined by the City of Pleasant Hill, including but not limited to the following:

Permit Technician - Scope
> Under general supervision, our permit technicians will perform a variety of responsible technical and office support work in the Building Division. This includes reviewing permit applications relating to building, construction, encroachment and occupancy; check plans for completeness and perform basic review for building permits as established under the CALBO Permit Tech Academy; track plans and applications through the EPL (formerly EnerGov) permitting system; calculate permit fees and issue over-the-counter permits; perform a variety of office support activities, which may include telephone and counter reception, provision of factual information to visitors, receipt of payments, word processing, data entry and record keeping, report preparation and filing, among other tasks; perform related work, as assigned.

Plan Review - Scope
> Independent Expedited Review: WC3 will allow applicants to pay WC3 directly per a predetermined fee schedule for plan check services. Once the review is complete and the construction documents are in compliance with the applicable codes and standards, plans would be submitted to the City of Pleasant Hill, Building Division for final review and permit issuance. All correspondence and code discussion would occur with the applicant's design team directly.
> NOTE: The Chief Building Official (CBO) will have the right to intervene should a conflict develop between WC3 and applicant, designer and/or owner. The CBO will ultimately be responsible for the approval of the construction documents. Should the CBO find that the construction documents submitted, as reviewed and approved by WC3, are not in compliance with the adopted codes of the State of California and the City of Pleasant Hill, WC3's review will be negated.
> Standard Review: WC3 will perform the initial reviews and possibly subsequent back check reviews for the entire project based on staff time and availability. The City of Pleasant Hill will correspond directly with the applicant, designer and/or owner. Plan check comments will be packaged from WC3 into the City of Pleasant Hill's plan check letter. Communication will only occur between WC3 and City staff. > Structural Only Review: WC3 will perform a review of only the structural components of the structure.

City staff may refer the project designer to communicate directly with WC3's review team.

As a General Standard, WC3 will:
> Maintain at sole cost and expense sufficient office staff to perform plan checking services in a timely manner. > Perform all plan checks for compliance to all applicable local codes, and state building codes. > Procure all permits and licenses, as necessary, required to perform services and to conduct business.

Section 2 - Performance

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Packet Pg. 157 Attachment: Exhibit 1 - WC-3 Agreement & Scope of Services (Contract for On-Call Building Services) Teaming with Your Community to Make a Difference | www.WC-3.com 13 Building Inspection Services - Scope
> Periodic Inspection Services: WC3 will assist the City with "on call" inspections for partial or full day inspection loads. The City will contact WC3 with eight (8) hours notice, before 4:00 p.m., prior to the desired date of inspection.
> Part-Time Inspection Services: WC3 will assist the City with services needed for a part-time inspector.

Inspectors will be performing services for the City for 1,000 hours or more. Inspectors may or may not work within the confines of an office and may utilize technology for communication and data entry. > Full-Time Inspection Services: WC3 will assist the City with services needed for a full-time inspector, which may or may not work side by side with existing staff. Inspectors will be performing inspection(s) up to 2,080 hours per year.

As a General Standard, WC3 will:
> WC3 will perform all inspections for compliance to all applicable local codes, and state building codes. > Procure all permits and licenses, as necessary, required to perform services and to conduct business. > Data entry must be performed following the inspections. > The inspector may or may not maintain their own mode of transportation to and from the inspection site. Information Technology systems will be provided by the City along with other materials in order to perform the inspections on a daily basis.

Section 2 - Performance (Continued)

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Packet Pg. 158 Attachment: Exhibit 1 - WC-3 Agreement & Scope of Services (Contract for On-Call Building Services) Teaming with Your Community to Make a Difference | www.WC-3.com 14

PLAN REVIEW PROCESS & METHODOLOGY
Incoming Project
• WC3 typically serves jurisdictions with electronic plan submittals, accepting and delivering plans back and forth via email attachments as well as links to electronically formatted documents stored elsewhere. WC3 will adapt to any preferred software or systems of the City of Pleasant Hill.

WC3 Processing
• An account information file, specific to the City is created to identify items inherent and of interest to the City. This file will be maintained and utilized during each and every project, ensuring potential concerns are always addressed. • Upon notification of projects and receipt/download of electronic plan submittal, projects are uploaded and logged into WC3’s own internal eProcess360 software platform and Client/ Regional Managers are automatically notified to begin the plan check process.

Plan Check
• WC3 will check submitted docs for completeness; inform the City of any missing information; review plans to understand the scope and task; identify significant code items and discuss important items with associated staff. • Client/Regional Manager will assign WC3 plan examiner staff and monitor progress. • Client/Regional Manager will quality check all comments before release to the City.

Communication
• WC3 understands all plan review comments are subject to the review by the City. • Review comments will have plan sheet numbers, detail numbers, and code sections. • WC3 will work with the City of Pleasant Hill's preferred method of communication and be available via email, phone or in-person for meetings, etc. • The City will always have the same points of contact for WC3. • The comment structure in our plan review comment lists will be easily transitioned into the format of the City's preference.
• Copies of all plans check comments and all other correspondence from the plans examiner to the applicant shall be sent directly to the City of Pleasant Hill via email.

Recheck
• Documents are resubmitted to begin the recheck process. WC3 requires a written response addressing each and every plan check item or comment.
• Rechecks will be assigned to the same plans examiner who performed original review. • Any new comments to be included during the recheck cycle will be brought to the attention of the Client/Regional Manager.
• All plans examiners are encouraged to call and to resolve concerns, rather than adding additional corrections and comment lists.
• Rechecks are performed quickly and timely. Our turnaround schedule is highlighted in the upcoming section regarding "Building Plan Review Turnaround Times." Approval
• Plan review approval will not be recommended to the City until all code compliance issues are resolved and all permit issuance requirements of the department are satisfied. • WC3 is flexible and will meet all City of Pleasant Hill project approval requirements, including but not limited to, “Plans Examiner of Record” approval stamps, electronic submittals, paper/ hard copies, quantity of copies, pick-up/delivery and more.

PLAN REVIEW PROCESS
WC3 Incoming Project Processing Plan Check Communication Recheck Approval Section 2 - Performance (Continued)

9.6.d
Packet Pg. 159 Attachment: Exhibit 1 - WC-3 Agreement & Scope of Services (Contract for On-Call Building Services) Teaming with Your Community to Make a Difference | www.WC-3.com 15

PLAN REVIEW TURNAROUND SCHEDULE
WC3 comprehensive plan reviews are performed in a prompt and expeditious manner to meet our jurisdictional clients’ needs. WC3 is able to commit to performing plan review deliverables within timeline expectations that meet or beat industry standards. When workloads get tight, WC3 is able take advantage of schedule availability in additional Regional Offices and benefit from the knowledge and expertise shared across multiple disciplines. All turnaround times are specified from the day they are received in our office(s) and for extraordinarily complex projects, WC3 will immediately contact the City of Pleasant Hill and agree on an appropriate response time prior to starting the review.

EXPEDITED APPROACH TO PLAN REVIEW SERVICES
Expedited or accelerated plan review can be accommodated upon request at anytime from the City of Pleasant Hill. The expedited plan review process is a means to accelerate initial plan reviews by experienced plans examiners, and when it comes to expedited plan review services, WC3’s typical plan review process is extremely easy to adapt. Clients simply need to submit projects according to standard protocols with a note highlighting that a project is to be expedited. In this case, the quality of WC3’s expedited plan review services do not change. WC3 will allocate additional staffing as necessary, and as available, in order to meet the City's expedited deadlines. WC3 shall provide initial comments, including corrections to be made to the construction documents, within an expedited turnaround time of five to ten (5-10) business days from the date the submittal was received by our team. Subsequent reviews following initial expedited reviews may also be expedited at each client’s discretion; however subsequent reviews are typically completed in a timely manner and will be reviewed in the order in which they are received.

INSPECTION TURNAROUND SCHEDULE
Inspections shall be performed during the City of Pleasant Hill's regular business hours. Our inspection services include a commitment to making inspectors available for periodic, part-time or full-time inspection needs associated with projects.

Standard turnaround for inspection requests will be scheduled accordingly with advance notice and when the schedule allows, WC3 will make every effort to accommodate emergency or same-day inspection requests. Additionally, when special needs arise, inspectors can also be made available for after-hour, weekend and holiday inspections as well.

INITIAL
(Business Days)

RECHECK
(Business Days)

EXPEDITED
(Business Days)

RECHECK
(Business Days)
Residential Projects 10 5 5 3
Master Residential Projects 15 5 5 3
Multi-Family Projects 10-15 5 5 3
New Commercial Projects 10-15 5-10 5-10 5-10
New Industrial Projects 10-15 5-10 5-10 5-10
Commercial Tenant Improvement Projects 10-15 5-10 5-10 5-10 * Independent Expedited Review plan review turnaround times may vary depending on designer and/or owner response.

However, WC3 understands the desired completion of review is a maximum of 10 business days.

INSPECTION PERIOD REQUEST LEAD TIME FOR INSPECTION
Emergency/Same Day Inspections Accommodated as Schedule Allows Periodic Inspection Services 48 Hours Advance Notice, Before 4:00 p.m.

Part-Time Inspection Services 4 Weeks Advance Notice
Full-Time Inspection Services 8 Weeks Advance Notice
Section 2 - Performance (Continued)

9.6.d
Packet Pg. 160 Attachment: Exhibit 1 - WC-3 Agreement & Scope of Services (Contract for On-Call Building Services) Teaming with Your Community to Make a Difference | www.WC-3.com 16 Additional Efforts to Achieve City of Pleasant Hill Satisfaction WC3 will provide the City of Pleasant Hill the technical expertise they seek through a complete array of plan review, inspection and permitting services. Our portfolio includes projects regarding building, preliminary building, structural, fire & life safety, accessibility, energy, mechanical, plumbing, electrical, solar and other specialty disciplines. Our staff is committed to providing higher standards by delivering building department solutions that exceed client satisfaction and meet time and budget constraints. We believe we are able to meet all the outlined requirements of the RFP as stated. The following is a list of additional professional aspects specific to this RFP that we feel the City of Pleasant Hill will find advantageous:
> International Code Council (ICC) Certified Inspections - All inspection personnel assigned to your jurisdiction will be able to read, understand and interpret construction documents, prepare and maintain accurate records and reports, communicate clearly both verbally and in writing and work effectively with contractors, the public, and jurisdictional staff. WC3 tailors our inspection services to meet the specific needs of our clients.

In addition to maintaining ICC-certified inspectors and combination inspectors on staff, we also maintain a list of highly qualified and certified personnel to draw upon when we desire to fulfill jurisdictional clients' full time or interim needs. Each inspector assigned to the City of Pleasant Hill will be in possession of all required certifications and minimum four-year experience requirements; and the City will have the opportunity to review all candidates prior to task or project assignment. > Permit Technicians - As needed, WC3 can furnish exceptionally qualified personnel to staff and support your front counter operations. Our staff operates as an extension of your team and understands that customer service is paramount in our industry. All of our team members are intimately familiar with the building application and permitting process. Our technicians are acquainted with a vast array of jurisdictional permit tracking programs and will quickly adapt to your departments specific processes and procedures. We work proactively and collaboratively with applicants to help resolve issues and make the permitting process as pleasant as possible for your customers. All candidates will be presented for the City's approval. > California Licensed, ICC-Certified Building Plan Review - WC3 has ten (10) licensed structural engineers and twenty two (22) professional engineers on staff to meet the criteria noted in the RFP. Many have performed engineering design work in the past, and each has performed hundreds of commercial, residential, institutional/educational, MEP and structural plan reviews throughout their career. Our staff also includes six Master Code Professionals and many members certified by the International Code Council (ICC). Our team operates independently as a third party entity, is properly licensed to practice in the state of California, and has no conflict of interest with regard to any other work performed by our firm for the City. > California Licensed Engineering Plan Review - WC3’s engineering plan review service includes California certified professionals and engineers, as well as company best practices to meet each municipality’s service requirements. Our team manages projects effectively and efficiently, completing all deliverables with clear comments and communication on time and within budget. We combine quality service to review improvement plans for conformance to approved tentative map, specific plans, and conditions of approval, as well as engineering bond estimates, subdivision maps, hydrology/hydraulic reports, stormwater management, development plans, lot line adjustments, lot mergers, easement plats, and more. Our personalized approach with transparent communication helps streamline the process.

Section 2 - Performance (Continued)

9.6.d
Packet Pg. 161 Attachment: Exhibit 1 - WC-3 Agreement & Scope of Services (Contract for On-Call Building Services) Teaming with Your Community to Make a Difference | www.WC-3.com 17 > California Licensed Fire Protection Plan Review - WC3 is an industry leader in providing plan review services for Fire Prevention and Fire and Life Safety Plan Review. Our diverse team of Fire Protection Engineers, Executive Fire Officers, Certified Fire Protection Specialists, Fire Marshals and Plans Examiners offer clients and extensive range of experience—both formally and on the job. With resources of technical professionals from multiple offices, our team is proficient in all types of construction. Clients count on us to understand the intricacies of fire department access, means of egress, smoke management, fire flow calculations, hazardous materials, fire protection systems, communication systems and more. > Certified Accessibility Plan Review - WC3’s professional staff of plans examiners has vast experience in providing plan reviews for specialized accessibility projects and is well versed in all construction-related accessibility code and standards. WC3 has provided numerous accessibility plan reviews and inspections for many of our California clients and has tremendous expertise in guiding clients through California’s accessibility regulations as well as ADA and other applicable laws.
> Electronic/Digital Plan Review Capability - WC3 is very familiar with Electronic/Digital Plan Review technologies and works in a variety of capacities as per jurisdictional clients’ specifications and systems. This technologically advanced form of plan review provides WC3 the ability to review, mark-up and transport plans of any size, electronically. At no additional cost to clients, we strongly encourage this service. The electronic count on us to understand the intricacies of fire department access, means of egress, smoke management, fire flow calculations, hazardous materials, fire protection systems, communication systems and more. > Meeting Availability & Technical Advice - When jurisdictions are understaffed, require specific expertise on complex projects, or feel overwhelmed with particular projects, WC3 is available to handle all technical aspects or project overflow for the City of Pleasant Hill. We serve in matters to help fulfill obligations and with reasonable notice are more than happy to join in on phone calls or attend special meetings at the City to help facilitate the approval process. Team members are available to discuss projects with designers, construction teams, City employees and/or applicants. We strive for complete client satisfaction and whether it’s through telephone, email, web conference, fax or in person, WC3 team members are always ready to assist. > Continuing Education & Training - WC3 is deeply embedded within the Building Safety industry, with many key staff serving as general members, executive board officers, committee participants, and requested instructors within ICC Chapters and industry associations. We facilitate and encourage all of our personnel to achieve the highest level of experience and certification; and all team members are appropriately licensed, certified and trained with attendance at industry-related training classes, conferences, and seminars. Due to our emphasis on training, WC3 has also created the WC3 Code Academy which provides education, training and online, on-demand resources to our staff and the industry. Please find additional information at www.WC-3.com.

Section 2 - Performance (Continued)

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Packet Pg. 162 Attachment: Exhibit 1 - WC-3 Agreement & Scope of Services (Contract for On-Call Building Services) Teaming with Your Community to Make a Difference
| www.WC-3.com 18
Giyan Senaratne 19
Zahra Fattah 20
Donald Zhao 21
Eric Schneiderjohn 22
Keith Ma 23
Noel Mendoza 24
Andrew Wallace 25
Curtis Hume 26
Todd Snider 27
George Williams 28
Doug Smith 29
Order of Resumes:

Souad Maghrbi 30
Bassamat Bahnasy 31
Craig Hanson 32
Joe Rossbach 33
Alan Wong 34
Leo Bautista 35
Gil Chavez 36
Eric Cabana 37
Angelina Carrillo 38
Angela Silveira 39
Perlita Padaoan 40
Section 3 - Resumes

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Packet Pg. 181 Attachment: Exhibit 1 - WC-3 Agreement & Scope of Services (Contract for On-Call Building Services) 37 9.6.d
Packet Pg. 182 Attachment: Exhibit 1 - WC-3 Agreement & Scope of Services (Contract for On-Call Building Services) 38 9.6.d
Packet Pg. 183 Attachment: Exhibit 1 - WC-3 Agreement & Scope of Services (Contract for On-Call Building Services) 39 9.6.d
Packet Pg. 184 Attachment: Exhibit 1 - WC-3 Agreement & Scope of Services (Contract for On-Call Building Services) 40 9.6.d
Packet Pg. 185 Attachment: Exhibit 1 - WC-3 Agreement & Scope of Services (Contract for On-Call Building Services) Teaming with Your Community to Make a Difference | www.WC-3.com 41 Section 4 - Proposed Compensation

9.6.d
Packet Pg. 186 Attachment: Exhibit 1 - WC-3 Agreement & Scope of Services (Contract for On-Call Building Services) Teaming with Your Community to Make a Difference | www.WC-3.com 42 Cost Sheet
As requested Section 4. Proposed Compensation, on page 4, please see the "Scope of Work Cost Sheet" submitted as a separate file for more information regarding our rates.

Section 4 - Proposed Compensation

9.6.d
Packet Pg. 187 Attachment: Exhibit 1 - WC-3 Agreement & Scope of Services (Contract for On-Call Building Services) Teaming with Your Community to Make a Difference
| www.WC-3.com 43
Section 5 - References

9.6.d
Packet Pg. 188 Attachment: Exhibit 1 - WC-3 Agreement & Scope of Services (Contract for On-Call Building Services) Teaming with Your Community to Make a Difference | www.WC-3.com 44 References
WC3 is dedicated to providing our clients with excellent customer service and has been providing building and fire plan check as well as inspection services to municipalities for more than a decade. Our portfolio is comprised of a variety of intricate projects, serving jurisdictions of all sorts and size. The following partial list highlights clients similar to the City of Pleasant Hill, all of whom may be contacted as a reference. > City of Oakland
Jing Wong, PE
Civil Engineer, Building Plan Check
1 Frank H. Ogawa Plaza
Oakland, CA 94612
[email protected]
(510) 238-6163
Services: 2013 to Present
Building, Fire and Civil Plan
Review, Fire Inspection,
Front Counter Support
> County of Napa
David Giudice
Chief Building Official
1195 Third Street, 2nd Floor
Napa, CA 94559
[email protected]
(707) 299-1347
Services: 2014 to Present
Building Plan Review, Inspections,
Staff Augmentation
> City of Dublin
Gregory Shreeve
Building Official
100 Civic Plaza
Dublin, CA 94568
[email protected]
(916) 835-6628
Services: 2013 to Present
Building Plan Review,
Staff Augmentation
> City of Redwood City
Christina McTaggart
Chief Building Official
1017 Middlefield Road
Redwood City, CA 94063
[email protected]
(650) 780-7350
Services: 2011 to Present
Building/Fire Plan Review,
Fire Marshal, Fire Inspections
> City of San Bruno
Darcy Axiaq
Chief Building Official
567 El Camino Real
San Bruno, CA 94066
[email protected]
(650) 616-7020
Services: 2014 to Present
On Call Plan Review, Inspections,
Staff Augmentation
> City of South San Francisco
Phillip Perry
Chief Building Official
315 Maple Ave.

South San Francisco, CA 94080
[email protected]
(650) 928-6675
Services: 2014 to Present
Building/Fire Plan Review, Inspections,
Staff Augmentation
> City of Hayward
Omar Noorzad
Acting Building Official
777 B St
Hayward, CA 94541
[email protected]
(510) 583-4313
Services: 2015 to Present
Building Plan Review, Fire Plan
Review, Staff Augmentation,
Inspections
> City of San Carlos
Christopher Valley, CBO
Chief Building Official
600 Elm St
San Carlos, CA 94070
[email protected]
(650) 802-4262
Services: 2016 to Present
Building/Fire Plan Review,
Development Review, Inspections,
Staff Augmentation
Section 5 - References
> City of Emeryville
Charles Bryant
Planning & Building Director
1333 Park Ave
Emeryville, CA 94608
[email protected]
(510) 596-4361
Services: 2006 to Present
Building Plan Review, Inspections,
Front Counter Support,
Code Enforcement

9.6.d
Packet Pg. 189 Attachment: Exhibit 1 - WC-3 Agreement & Scope of Services (Contract for On-Call Building Services)

CITY COUNCIL STAFF REPORT
Meeting Date: February 05, 2024
TO: THE HONORABLE MAYOR AND CITY COUNCILMEMBERS
SUBJECT: ADOPT RESOLUTION NO. ___-24 APPROVING THE PLEASANT HILL

RECREATION AND PARK DISTRICT EVENT SPONSORSHIP
PROPOSAL FOR CALENDAR YEAR 2024

SYNOPSIS
The Pleasant Hill Recreation and Park District submitted a request for the City to sponsor events during the 2024 calendar year. The Budget Committee reviewed the proposal and is forwarding a recommendation to the City Council to approve the sponsorship package.

DISCUSSION
On December 13, 2023, the Pleasant Hill Recreation and Park District submitted the attached City sponsorship package totaling $12,375 for 11 events in calendar year 2024. The Budget Committee reviewed the proposal on January 23, 2024, and recommended approval of the sponsorship proposal. Last year, the City sponsored the same 11 events at the same sponsorship level.

The District has organized numerous successful events over the years that enhance the quality of life for Pleasant Hill residents, and also support the local economy by attracting additional people into the area, who may choose to shop and eat at local businesses.

FISCAL IMPACT
The City Council budgeted sufficient funds for special event sponsorships within the Fiscal Year (FY) 2022/23 – 2023/24 Biennial Budget to pay for the District’s City sponsorship package. City staff will propose similar funding amounts in the FY 2024/25 – 2025/26 Biennial Budget. Both Biennial Budgets would cover the attached 2024 calendar year District sponsorship package.

To the extent that the special events spur additional economic activity, such as food and retail sales at nearby businesses, the General Fund could see an indirect positive impact through additional sales tax revenues.

9.7 Packet Pg. 190

RECOMMENDED CITY COUNCIL ACTION
Approve the Budget Committee’s recommendation to fund the Recreation and Park District 2024 Event Sponsorship Proposal, and adopt the proposed resolution.

ALTERNATIVES TO RECOMMENDED ACTION
The City Council could choose not to approve the District’s sponsorship proposal, or to approve a revised version of the sponsorship proposal.

ATTACHMENTS:

Proposed Resolution
Exhibit 1 - 2024 PH Recreation and Park District Event Sponsorship Proposal Prepared by: Zach Seal, Economic Development Manager
Approved by: Ethan Bindernagel, City Manager

9.7 Packet Pg. 191
RESOLUTION NO. -24

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLEASANT HILL APPROVING A 2024 EVENT SPONSORSHIP FUNDING REQUEST FROM THE PLEASANT HILL RECREATION AND PARK DISTRICT FOR $12,375
WHEREAS, the Pleasant Hill Recreation and Park District (“District”) has organized numerous successful events over the years; and
WHEREAS, the District’s events enhance the quality of life for Pleasant Hill residents and also support the local economy by bringing additional people into the area, who may choose to shop and eat at nearby businesses; and
WHEREAS, on April 4, 2022, the City Council approved $10,250 in District event sponsorships for nine events; and
WHEREAS, on March 6, 2023, the City Council approved $13,375 in District event sponsorships for 11 events; and
WHEREAS, on December 13, 2023, the District submitted an event sponsorship request (Exhibit 1) to the City totaling $12,375 for 11 events in 2024; and WHEREAS, On January 23, 2024, the Budget Committee reviewed the District’s 2024 event sponsorship request and recommended it to the City Council for approval; and WHEREAS, the event sponsorships will be funded by the General Fund Economic Development Department Special Event Sponsorships Account; NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Pleasant Hill, that the District’s event sponsorship request to the City totaling $12,375 for 11 events in 2024 is hereby approved.

ADOPTED by the City Council of the City of Pleasant Hill at a regular meeting held on the 7
5h
day of February 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
__________________________________
MATTHEW RINN, Mayor
ATTEST:

LYONE P. CONNER, City Clerk

9.7.a
Packet Pg. 192 Attachment: Proposed Resolution (Rec and Park Sponsorship) Pleasant Hill Recreation & Park District
2024 ANNUAL EVENT SPONSORSHIP PROPOSAL
City of Pleasant Hill
Thank you for your interest in sponsoring the Pleasant Hill Recreation & Park District (District) community special events. The following proposal outlines recommended sponsorship opportunities to expand your community outreach in 2024.

As a premier annual sponsor, the City of Pleasant Hill will elevate your visibility, maximize community goodwill, and in-person engagement. The City of Pleasant Hill will be highlighted and celebrated through a variety of marketing channels ranging from social media and website visibility, event marketing materials and more. Together, we can continue to bring the community together for fun, family-friendly events this year.

Main Event Sponsorship Benefits:
• Pre- and Post-event recognition on social media (Facebook, Instagram, YouTube.com), District websites, printed and digital event promotional materials including logo placement, press releases, links to the City of Pleasant Hill website and tags on social media. • Sponsorship recognition in three issues of The Spotlight, the District recreation activity guide (Guide distribution: to 68,000 District residents) • Sponsorship recognition via signage, banners, movie trailers, specialized giveaways (e.g. sponsor eggs at Underwater Egg Hunt and Spring Egg Hunt) and in verbal announcements at the event
• 10’ x 10’ Booth space/table display at large signature events to distribute City of Pleasant Hill information

9.7.b
Packet Pg. 193 Attachment: Exhibit 1 - 2024 PH Recreation and Park District Event Sponsorship Proposal (Rec and Park Sponsorship) Pleasant Hill Recreation & Park District
2024 ANNUAL EVENT SPONSORSHIP PROPOSAL
City of Pleasant Hill

EVENT CALENDAR
Family PJ Dance Party
Friday, February 9, 2024
In-person potential reach: 100 participants + parents (approx. 220 attendees) Underwater Egg Hunt
Saturday, March 30, 2024
In-person potential reach: 100 participants + parents
Spring Egg Hunt
Saturday, March 30, 2024
In-person potential reach: 825 participants + parents
Aloha Family Luau
Friday, May 17, 2024
In-person potential reach: 120 participants
Sunset Cinema Movie in the Park #1
Saturday, June 8, 2024
In-person potential reach: 200+ participant
Blues & Brews Festival 2024
Friday & Saturday, July 19 & 20, 2024
In-person potential reach: 2,500+ participants
Sunset Cinema Movie In The Park #2
Saturday, August 10, 2024
In-person potential reach: 200+ participants
Tinkers & Thinkers Innovation Fair
Saturday, September 14, 2024
In-person potential reach: 2,500+ participants
Pumpkin Splash
Sunday, October 13, 2024
In-person potential Reach: 100 participants + parents
Haunted Trail in Pleasant Hill Park
Friday, October 25, 2024
In-person potential reach: 2,000+ participants
Breakfast With Santa
Saturday, December 7
In-person potential reach: 400 participants

9.7.b
Packet Pg. 194 Attachment: Exhibit 1 - 2024 PH Recreation and Park District Event Sponsorship Proposal (Rec and Park Sponsorship) Pleasant Hill Recreation & Park District
2024 ANNUAL EVENT SPONSORSHIP PROPOSAL
City of Pleasant Hill
2024 SPONSORSHIP INVESTMENT SUMMARY
FY 2023-2024 (Jan- June)
New! Family PJ Dance Party (2/9) $ 550
Underwater Egg Hunt (3/20) $ 550
Spring Egg Hunt (3/30) $ 825
Aloha Family Luau (5/17) $ 550
Sunset Cinema Movie In The Park 1 (6/8) $ 550
FY 2023-2024(Q3 & Q4) Total Sponsorship
FY 2024-2025 (July-Dec)
Blues & Brews Friday Kick Off (7/19)
Blues & Brews Saturday Main Festival (7/20)
Sunset Cinema Movie In The Park 2 (8/10)
Tinkers & Thinkers Innovation Faire (9/4)
Pumpkin Splash (10/13)
Haunted Trail in PH Park (10/25)
Breakfast with Santa (12/7)
FY 2023-2024 (Q1 & Q2) Total Sponsorship
$ 3,025
$ 3,300
$ 1,650
$ 550
$ 1,650
$. 550
$ 1,100
$ 550
$ 9,350
Total 2024 Sponsorship Investment:

FY 2023-2024 (Jan-June) Total Sponsorship
FY 2024-2025 (July-Dec) Total Sponsorship
Total
$3,025
$9.350
$12,375
Thank you for your sponsorship consideration and for our long-standing community partnership.

Together, we make Pleasant Hill the best place to live, work and play! Questions?
Contact Liz Harrison, Special Events Coordinator
(925-771-7623 |[email protected]

9.7.b
Packet Pg. 195 Attachment: Exhibit 1 - 2024 PH Recreation and Park District Event Sponsorship Proposal (Rec and Park Sponsorship)

CITY COUNCIL STAFF REPORT
Meeting Date: February 05, 2024
TO: THE HONORABLE MAYOR AND CITY COUNCILMEMBERS
SUBJECT: ADOPT RESOLUTION NO. __-24 APPROVING CONTINUED

PARTICIPATION IN THE STORMWATER POLLUTION

MANAGEMENT UTILITY DISTRICT AND AUTHORIZING THE

CONTRA COSTA COUNTY FLOOD CONTROL AND WATER
CONSERVATION DISTRICT TO ADOPT THE FISCAL YEAR 2024/25

STORMWATER UTILITY AREA FEE FOR THE CITY OF PLEASANT
HILL

SYNOPSIS
The City of Pleasant Hill participates in the Contra Costa Clean Water Program (CCCWP), which was formed to enable jurisdictions to perform local and countywide clean water activities cost-effectively. The Contra Costa County Flood Control and Water Conservation District (Flood Control District) collects a stormwater utility fee through the property tax roll on behalf of the City to fund these activities. In order for the Flood Control District to collect these fees, the City is required to set the Stormwater Utility Assessment (SUA) rate by May of each year.

Staff recommends the City Council adopt the attached resolution, which renews the SUA rate for Fiscal Year 2024/25 (FY 24/25).

DISCUSSION
Background
In 1993, the City Council authorized the Flood Control District to create a Stormwater Pollution Management Utility District to collect fees on the City’s behalf under Contra Costa County’s SUA Drainage Ordinance No. 93-47. The fees are collected through the property tax roll and are used to fund clean water activities (including, but not limited to, regulating new development, inspections, public education, and water quality monitoring). The San Francisco Bay Regional Water Quality Control Board (Water Board), under the Federal Water Pollution Control Act, mandates these activities through a countywide National Pollutant Discharge Elimination System (NPDES) permit. The permit is issued to the CCCWP, with which the City is a copermittee (with all Contra Costa cities, the unincorporated County, and the Flood Control District).

9.8 Packet Pg. 196
Pursuant to the Stormwater Utility Area Agreement executed with the Flood Control District in 2003, the City must set the SUA rate by May of each year. The SUA rate is based on the Equivalent Runoff Unit (ERU), which is the amount of runoff generated from a typical singlefamily home. Other land uses are assessed a fee based on their typical impervious surface area as a multiple of the ERU. Based on Flood Control District projections, there are approximately 16,400 ERUs in the City.

Analysis
Since 2001 the rate set by the City Council has been $30 per ERU, which is the maximum authorized by the Stormwater Pollution Management Utility District when it was formed in 1993. Based on the estimated 16,400 ERUs in the City, approximately $395,653 in revenue, net of Clean Water Program group expenses, will be generated. The revenue generated (Fund 231) provides funding for the ongoing implementation of local and countywide NPDES permit requirements and local storm drain and creek maintenance programs. The Municipal Regional Permit (MRP), adopted in 2009, added enhanced requirements (i.e., more outreach, watershed monitoring, illicit discharge control, installation and maintenance of trash capture devices, and development of a long-term zero trash plan).

MRP 3.0 was re-issued by the Water Board on May 11, 2022, with additional requirements that went into effect on July 1, 2022, and included lowered thresholds for regulated projects which became effective July 1, 2023. These requirements included, among others:
• A target goal of 90% trash reduction by June 30, 2023. An updated Trash Reduction Plan with the elimination of offsets and credits was submitted to the Water Board on June 30, 2023, and included an impracticability plan as the goal of 90% reduction could not be met, particularly for areas that have engineering or other technical barriers to implementing full trash capture installation. The Water Board has accepted the updated plan as reasonable but has provided comments requesting additional information. Staff is now responding to these comments from Water Board staff to provide specific goals and dates, as well as backup plans if things fall behind schedule.
• The next trash reduction goal is 100% by June 30, 2025. Staff is considering several different options in preparation to meet the 100% reduction requirement. So far, the City has achieved an 87.3% reduction.
• City staff is exploring options, which include updates to the Municipal Code, that could require property owners within designated medium and high trash generation areas to install full trash capture devices within private property to help the City meet the 100% reduction goal.
• A Clean Water Program project for the reduction of PCBs and Mercury is moving forward with FY24-25 Clean Water Program funding (funded by all participants of SUA funding) by participating in the cost of abating 664 acres of PBC-laden properties within Contra Costa County.
• Implementation of enhanced construction site C.6 inspections with PCB inspections during demolition.

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• A Cost Reporting Program for Stormwater Program costs is required to be developed for annual reporting and includes developing an Asset Management Plan for Stormwater program infrastructure improvements related to NPDES Permit implementation. This is commencing on a regional level.

FISCAL IMPACT
The proposed action provides approximately $395,693 in revenue to fund the ongoing implementation of local and countywide NPDES permit requirements. Cost analysis to implement new permit requirements in FY 24/25 indicates a 17% increase in the Program budget.

RECOMMENDED CITY COUNCIL ACTION
Adopt the proposed resolution approving the continued participation in the Stormwater Pollution Management Utility District and authorizing the Contra Costa County Flood Control and Water Conservation District to adopt the Fiscal Year 2024/25 Stormwater Utility Area Fee for the City of Pleasant Hill.

ALTERNATIVES TO RECOMMENDED ACTION
Should the Stormwater Utility Area Rate not be renewed for FY 2024/25, there would be a loss of $395,693 in revenues to fund and implement local and countywide NPDES permit requirements. The City would need to fund these activities to stay in compliance using other funding sources or potentially be subject to fines.

ATTACHMENT(S):

Proposed Resolution
Prepared by: Ryan Cook, Senior Civil Engineer
Reviewed by: Ananthan Kanagasundaram, City Engineer
Approved by: Ethen Bindernagel, City Manager

9.8 Packet Pg. 198
RESOLUTION NO. ___-24

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

APPROVING CONTINUED PARTICIPATION IN THE STORMWATER POLLUTION

MANAGEMENT UTILITY DISTRICT AND AUTHORIZING THE CONTRA COSTA

COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT TO ADOPT THE FISCAL YEAR 2024/2025 STORMWATER UTILITY AREA FEE FOR THE

CITY OF PLEASANT HILL
WHEREAS, the Federal Water Pollution Control Act requires that stormwater discharges in urbanized areas be regulated by a National Pollution Discharge Elimination System (NPDES) permit; and
WHEREAS, in 1993, the City of Pleasant Hill authorized the Contra Costa County Flood Control and Water Conservation District (Flood Control District) to establish a Stormwater Pollution Management Utility District to fund NPDES permit activities; and WHEREAS, the Flood Control District established Stormwater Utility Areas under Contra Costa County’s Stormwater Utility Assessment (SUA) Drainage Ordinance No. 93-47; and WHEREAS, in 2003, the City of Pleasant Hill and the Flood Control District executed a Stormwater Utility Area Agreement, which specifies that revenue be used for NPDES activities; and
WHEREAS, the City of Pleasant Hill, as a member of the Contra Costa Clean Water Program, is required to implement NPDES permit activities that minimize the discharge of pollutants; and
WHEREAS, the Stormwater Utility Area agreement between the City of Pleasant Hill and the Flood Control District requires the City of Pleasant Hill to determine the annual SUA rate in its Stormwater Utility Area; and
WHEREAS, the SUA rate is based on the Equivalent Runoff Unit (ERU); and WHEREAS, it is the intent of the City of Pleasant Hill to utilize funds received from its Stormwater Utility Area for complying with NPDES permit conditions (MRP 3.0), preventing stormwater pollution and performing drainage system maintenance activities.

9.8.a
Packet Pg. 199 Attachment: Proposed Resolution (Adopt FY 2024/25 Stormwater Utility Area Fee) NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Pleasant Hill that:

1. The City Council desires to continue participation in the Stormwater Pollution Management Utility District and determines that the SUA rate to be assigned to a single ERU for fiscal year 2024/25 shall be set at $30.

2. The City Council authorizes the Flood Control District to adopt Stormwater Utility Area fees on behalf of the City of Pleasant Hill.

3. The City of Pleasant Hill shall continue to participate in the implementation of the NPDES permit activities and agrees to provide support and share costs associated with the implementation of countywide activities.

ADOPTED by the City Council of the City of Pleasant Hill at a regular meeting held on the 5
th day of February, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________________
MATTHEW RINN, Mayor
ATTEST:

LYONE CONNER, City Clerk

9.8.a
Packet Pg. 200 Attachment: Proposed Resolution (Adopt FY 2024/25 Stormwater Utility Area Fee)

CITY COUNCIL STAFF REPORT
Meeting Date: February 05, 2024
TO: THE HONORABLE MAYOR AND CITY COUNCILMEMBERS
SUBJECT: ADOPT RESOLUTIONS NO. ___-24 WITH SCHAAF & WHEELER AND NO. ___-24 WITH WOOD ROGERS, EACH AUTHORIZING THE CITY

MANAGER TO EXECUTE PROFESSIONAL SERVICES AGREEMENTS
TO PROVIDE HYDROLOGIC, HYDRAULIC, AND STORMWATER ONCALL ENGINEERING SERVICES

SYNOPSIS
The City Council is requested to authorize the City Manager to execute two separate Professional Services Agreements with Schaaf & Wheeler (Consultant) and Wood Rodgers (Consultant) to perform Hydrologic, Hydraulic, and Stormwater Engineering on-call services as needed, including planning, evaluation, and design for projects within the Storm Drain Improvement Program for the Capital Improvement Plan (CIP). Authorization is requested for two separate agreements with two consultants should the need arise for on-call services when one firm is unavailable.

DISCUSSION
Background
In December 2023, City staff issued a Request for Qualifications (RFQ) to local Engineering firms providing Hydrologic, Hydraulic, and Stormwater Engineering services. The services sought in the RFQ include, but are not limited to, on-call review and engineering support of the following areas:
citywide storm drain and flooding issues; storm drain implementation plan and recommendations based on the approved Storm Drain Master Plan; CIP project-related issues; storm damage repair; hydrologic and hydraulic (H&H) studies; floodplain evaluation and technical assistance; and peer review of private land development projects. In addition, the selected consultant will be available to perform the following, as needed:
 Perform H&H analyses, drainage design, floodplain mapping, and technical studies.  Prepare the design basis for storm drain or flood-proofing projects.  Conduct field review and inspection of the City’s drainage systems facilities and storm damage repairs.
 Review available Federal Emergency Management Agency (FEMA) and U.S. Army Corps of Engineers (USACE) floodplain data, hydrologic information, and hydraulic studies and

9.9 Packet Pg. 201
models.
 Coordinate with permitting agencies.
 Provide technical assistance and peer review of private land developments.  Other miscellaneous drainage-related services as needed by the City of Pleasant Hill.

The Engineering Division requires assistance with these tasks because Hydrology is a highly specialized field in the Engineering profession. The City does not have staff with the requisite qualifications or experience to undertake the tasks outlined in the RFQ.

Analysis
On December 6, 2023, staff issued a Request for Qualifications to Engineering firms. Four firms submitted timely proposals, including BKF Engineers, Ruggeri Jensen Azar (RJA), Schaaf & Wheeler, and Wood Rodgers, by the January 12, 2024 deadline.

To select the most qualified firm, staff evaluated each statement of qualifications. Necessary qualifications included recent experience and demonstrated knowledge of Hydrologic, Hydraulic, and Stormwater Engineering. Interviews with two firms were conducted on January 23, 2024.

The proposals submitted by Schaaf & Wheeler and Wood Rodgers met all RFQ requirements, including having an office located locally in the San Francisco Bay Area. Schaaf & Wheeler is located in San Francisco, and Wood Rodgers has an office in Oakland. Schaaf & Wheeler and Wood Rodgers provided resumes of staff with extensive experience. They both provide similar services to various agencies throughout the Bay Area.

These agreements each have a three-year term with the City, reserving the option to extend each contract up to two additional years, for a total of five years.

FISCAL IMPACT
The proposed Professional Services agreement with Schaaf & Wheeler is a not-to-exceed amount of $75,000. The proposed Professional Services Agreement with Wood Rodgers is also a not-toexceed amount of $75,000. These services will be paid out of Fund 231, NPDES Storm Drain.

Third-party reimbursable costs related to reviews of private development projects will be charged to the specific project developer deposit accounts. Services provided for Capital Improvement Projects (CIP) will be charged to the specific CIP projects. No general fund monies will be used for either Consultant.

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

RECOMMENDED CITY COUNCIL ACTION
Staff recommends the adoption of both proposed resolutions, authorizing the City Manager to

9.9 Packet Pg. 202
execute two separate professional services agreements with Schaaf & Wheeler and Wood Rodgers for the provision of hydraulic engineering services.

ALTERNATIVES TO RECOMMENDED ACTION
Do not adopt the proposed Resolutions and provide direction to staff.

ATTACHMENT(S):

Proposed Resolution – Schaaf & Wheeler
Exhibit 1 – Schaaf & Wheeler Agreement, Scope of Services, and Fee Schedule Proposed Resolution – Wood Rodgers
Exhibit 1 – Wood Rodgers Agreement, Scope of Services, and Fee Schedule Prepared by: Ryan Cook, Senior Civil Engineer
Reviewed by: Ananthan Kanagasundaram, City Engineer
Approved by: Ethan Bindernagel, City Manager

9.9 Packet Pg. 203
RESOLUTION NO. -24

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

AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES

AGREEMENT WITH SHAAF & WHEELER TO PROVIDE HYDROLOGIC, HYDRAULIC,

AND STORMWATER ON-CALL ENGINEERING SERVICES
WHEREAS, the City Council is requested to authorize the City Manager to execute a Professional Services Agreement with Shaaf & Wheeler (“Consultant”) to perform Hydrologic, Hydraulic, and Stormwater On-Call Engineering Services; and WHEREAS, Staff issued a Request for Qualifications (RFQ) to Engineering firms on December 6, 2023; four Statements of Qualifications were received on January 12, 2024; two firms were interviewed on January 23, 2024, and two firms were chosen; and WHEREAS, Shaaf & Wheeler met all RFQ requirements and demonstrated they have the required experience, knowledge, and resources to provide Hydrologic, Hydraulic, and Stormwater On-Call Engineering Services; and
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Pleasant Hill that the City Manager is hereby authorized to execute a Professional Services Agreement (Exhibit 1) with Shaaf & Wheeler in an amount not to exceed $75,000; and BE IT FURTHER RESOLVED, the contract agreement shall last three years in duration with the City reserving at its sole discretion the right to extend the contract up to two additional years.

BE IT FURTHER RESOLVED, the services will be paid out of Fund 231, NPDES Storm Drain. Third-party reimbursable costs related to reviews of private development projects will be charged to the specific project developer deposit accounts, and services provided for Capital Improvement Projects (CIP) will be charged to the specific CIP projects. No general fund monies will be used.

ADOPTED by the City Council of Pleasant Hill at a regular meeting held on the 5th day of February, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________________
MATTHEW RINN, Mayor
ATTEST:

LYONE CONNER, City Clerk

9.9.a
Packet Pg. 204 Attachment: Proposed Resolution - Schaaf & Wheeler (Hydrologic, Hydraulic, and Stormwater On-Call Engineering Services) EXHIBIT 1

9.9.b
Packet Pg. 205 Attachment: Exhibit 1 - Schaaf & WheelerAgreement (Hydrologic, Hydraulic, and Stormwater On-Call Engineering Services) EXHIBIT 1

9.9.b
Packet Pg. 206 Attachment: Exhibit 1 - Schaaf & WheelerAgreement (Hydrologic, Hydraulic, and Stormwater On-Call Engineering Services) EXHIBIT 1

9.9.b
Packet Pg. 207 Attachment: Exhibit 1 - Schaaf & WheelerAgreement (Hydrologic, Hydraulic, and Stormwater On-Call Engineering Services) EXHIBIT 1

9.9.b
Packet Pg. 208 Attachment: Exhibit 1 - Schaaf & WheelerAgreement (Hydrologic, Hydraulic, and Stormwater On-Call Engineering Services) EXHIBIT 1

9.9.b
Packet Pg. 209 Attachment: Exhibit 1 - Schaaf & WheelerAgreement (Hydrologic, Hydraulic, and Stormwater On-Call Engineering Services) EXHIBIT 1

9.9.b
Packet Pg. 210 Attachment: Exhibit 1 - Schaaf & WheelerAgreement (Hydrologic, Hydraulic, and Stormwater On-Call Engineering Services) EXHIBIT 1

9.9.b
Packet Pg. 211 Attachment: Exhibit 1 - Schaaf & WheelerAgreement (Hydrologic, Hydraulic, and Stormwater On-Call Engineering Services) EXHIBIT 1

9.9.b
Packet Pg. 212 Attachment: Exhibit 1 - Schaaf & WheelerAgreement (Hydrologic, Hydraulic, and Stormwater On-Call Engineering Services) EXHIBIT 1

9.9.b
Packet Pg. 213 Attachment: Exhibit 1 - Schaaf & WheelerAgreement (Hydrologic, Hydraulic, and Stormwater On-Call Engineering Services) RESOLUTION NO. -24

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

AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES

AGREEMENT WITH WOOD ROGERS TO PROVIDE HYDROLOGIC, HYDRAULIC, AND

STORMWATER ON-CALL ENGINEERING SERVICES
WHEREAS, the City Council is requested to authorize the City Manager to execute a Professional Services Agreement with Wood Rogers (“Consultant”) to perform Hydrologic, Hydraulic, and Stormwater On-Call Engineering Services; and WHEREAS, Staff issued a Request for Qualifications (RFQ) to Engineering firms on December 6, 2023; four Statements of Qualifications were received on January 12, 2024; two firms were interviewed on January 23, 2024, and two firms were chosen; and WHEREAS, Wood Rogers met all RFQ requirements and demonstrated they have the required experience, knowledge, and resources to provide Hydrologic, Hydraulic, and Stormwater On-Call Engineering Services; and
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Pleasant Hill that the City Manager is hereby authorized to execute a Professional Services Agreement with Wood Rogers (Exhibit 1) in an amount not to exceed $75,000; and BE IT FURTHER RESOLVED, the contract agreement shall last three years in duration with the City reserving at its sole discretion the right to extend the contract up to two additional years.

ADOPTED by the City Council of Pleasant Hill at a regular meeting held on the 5th day of February, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________________
MATTHEW RINN, Mayor
ATTEST:

LYONE CONNER, City Clerk

9.9.c
Packet Pg. 214 Attachment: Proposed Resolution - Wood Rogers (Hydrologic, Hydraulic, and Stormwater On-Call Engineering Services) 1 AGREEMENT FOR PROFESSIONAL SERVICES
This Agreement is made and entered into as of the _____ day of _________________, 2024, by and between the City of Pleasant Hill ("City") and Wood Rogers ("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 possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement on the terms and conditions described herein.

AGREEMENT
The Recitals listed above are hereby incorporated into and shall constitute a part of this Agreement.

1. Scope of Services. The Consultant shall furnish the following services in a professional manner:

Consultant shall perform the services described on Exhibit A, which is attached hereto and incorporated herein by reference. Consultant shall provide said services at the time, place, and in the manner specified in Exhibit A, 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 Consultant are to commence upon execution of this Agreement and shall continue for a duration of three years with the option, at the City’s election, to extend up to two additional years.

3. Compensation. Compensation to be paid to Consultant shall be in accordance with the Schedule of Charges set forth in Exhibit A, which is attached hereto and incorporated herein by reference. In no event shall Consultant's compensation exceed _______________ without additional authorization from the City. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment.

5. Ownership of Documents. All plans, studies, documents and other writings prepared by and for Consultant, its officers, employees and agents and subcontractors in the course of EXHIBIT 1

9.9.d
Packet Pg. 215 Attachment: Exhibit 1 - Wood Rogers Agreement (Hydrologic, Hydraulic, and Stormwater On-Call Engineering Services) 2 implementing this Agreement, except working notes and internal documents, shall become the property of the City upon payment to Consultant for such work, and the City shall have the sole right to use such materials in its discretion without further compensation to Consultant or to any other party. Consultant shall, at Consultant's expense, provide such reports, plans, studies, documents and other writings to City upon written request. 6 Independent Contractor. It is understood that Consultant, in the performance of the work and services agreed to be performed, shall act as and be an independent contractor and shall not act as an agent or employee of the City. Consultant shall obtain no rights to retirement benefits or other benefits which accrue to City's employees, and Consultant hereby expressly waives any claim it may have to any such rights.

Consultant is not a designated employee within the meaning of the Political Reform Act because Consultant will not:
a. make a governmental decision whether to:

1. approve a rate, rule, or regulation;

2. adopt or enforce a law;

3. issue, deny, suspend, or revoke any permit, license, application, certificate, approval, order, or similar authorization or entitlement;

4. authorize the City to enter into, modify, or renew a contract provided it is the type of contract that requires agency approval;

5. grant City approval to a contract that requires agency approval and to which the City is a party, or to the specifications for such a contract;

6. grant City approval to a plan, design, report, study, or similar item;

9.9.d
Packet Pg. 216 Attachment: Exhibit 1 - Wood Rogers Agreement (Hydrologic, Hydraulic, and Stormwater On-Call Engineering Services) 3 would otherwise be performed by an individual holding a position specified in the City’s Conflict of Interest Code under 2 C.C.R. § 87302. (2 C.C.R. § 18700.3.)

EXHIBIT 1

9.9.d
Packet Pg. 217 Attachment: Exhibit 1 - Wood Rogers Agreement (Hydrologic, Hydraulic, and Stormwater On-Call Engineering Services) 4 iii. Automobile Liability Coverage. Consultant shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired and non-owned vehicles, in an amount of not less than two million dollars ($2,000,000) combined single limit for each occurrence.
iv. Professional Liability Coverage. Consultant shall maintain professional errors and omissions liability insurance for protection against claims alleging negligent acts, errors or omissions which may arise from Consultant's operations under this Agreement, whether such operations be by the Consultant or by its employees, subcontractors, or subconsultants. The amount of this insurance shall not be less than two million dollars ($2,000,000) on a claims-made annual aggregate basis, or a combined single-limit per occurrence basis. b. Policy Endorsements. Each general liability and automobile liability insurance policy shall be with insurers possessing a Best's rating of no less than A:VII and shall be endorsed with the following specific language:
i. The City of Pleasant Hill, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work or operations.
ii. This policy shall be considered primary insurance as respects the City, its elected or appointed officers, officials, employees, agents and volunteers. Any insurance maintained by the City, including any self-insured retention the City may have, shall be considered excess insurance only and shall not contribute with it.

EXHIBIT 1

9.9.d
Packet Pg. 218 Attachment: Exhibit 1 - Wood Rogers Agreement (Hydrologic, Hydraulic, and Stormwater On-Call Engineering Services) 5 c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the City's option, Consultant shall demonstrate financial capability for payment of such deductibles or self-insured retentions.
d. Certificates of Insurance and Endorsements. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Certificates of such insurance shall be filed with the City on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement. e. Wasting Policies. No policy required herein shall include a “wasting” policy limit (i.e. limit that is eroded by the cost of defense).
f. Waiver of Subrogation. Consultant hereby agrees to waive subrogation which any insurer or contractor may require from Consultant by virtue of the payment of any loss. Consultant agrees to obtain any endorsements that may be necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.

11. Compliance with Laws. Consultant shall use the standard of care in its profession to comply with all applicable federal, state and local laws, codes, ordinances and regulations.

If to City: City of Pleasant Hill
100 Gregory Lane
Pleasant Hill, CA 94523-3323
EXHIBIT 1

9.9.d
Packet Pg. 219 Attachment: Exhibit 1 - Wood Rogers Agreement (Hydrologic, Hydraulic, and Stormwater On-Call Engineering Services) 6 If to Consultant: Wood Rogers
3301 C Street, Building 100 B
Sacramento, CA 95816

17. Amendments. This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney.

18. Waiver. No failure on the part of either party to exercise any right or remedy hereunder shall operate as a waiver of any other right or remedy that party may have hereunder.

19. Litigation Expenses and Attorneys' Fees. If either party to this Agreement commences any legal action against the other party arising out of this Agreement, the prevailing party shall EXHIBIT 1

9.9.d
Packet Pg. 220 Attachment: Exhibit 1 - Wood Rogers Agreement (Hydrologic, Hydraulic, and Stormwater On-Call Engineering Services) 7 be entitled to recover its reasonable litigation expenses, including court costs, expert witness fees, discovery expenses, and attorneys' fees.

IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above.

CITY OF PLEASANT HILL: CONSULTANT:
__________________________ By:

Ethan Bindernagel, City Manager
Title:

Business License #
APPROVED AS TO FORM: ATTEST:
__________________________ __________________________
Janet E. Coleson, City Attorney Lyone Conner, City Clerk Attachments: Exhibit A – Scope of Services
Exhibit B – Fee Schedule
Dan Matthies, Vice President
In progress
EXHIBIT 1

9.9.d
Packet Pg. 221 Attachment: Exhibit 1 - Wood Rogers Agreement (Hydrologic, Hydraulic, and Stormwater On-Call Engineering Services) 8 EXHIBIT A

SCOPE OF SERVICES
FOR

ON-CALL ENGINEERING SERVICES
(Hydrologic, Hydraulic, and Stormwater)
In general, all services performed under this agreement shall conform with all applicable Federal and State standards, regulations, policies, and procedures.

The scope of consultant services may include, but not be limited to, the following tasks:
1) Perform H&H analyses, drainage design, floodplain mapping, and technical studies. 2) Prepare the design basis for storm drain or flood-proofing projects. 3) Field review and inspection of the City’s drainage systems facilities and storm damage repairs.
4) Review available Federal Emergency Management Agency (FEMA) and U.S. Army Corps of Engineers (USACE) floodplain data, hydrologic information, and hydraulic studies and models.
5) Coordination with permitting agencies.
6) Provide technical assistance and peer review of private land development projects. 7) Other miscellaneous drainage-related services as needed by the City of Pleasant Hill.

EXHIBIT 1

9.9.d
Packet Pg. 222 Attachment: Exhibit 1 - Wood Rogers Agreement (Hydrologic, Hydraulic, and Stormwater On-Call Engineering Services)

OAKLAND FEE SCHEDULE

CLASSIFICATION STANDARD RATE
Principal Engineer/Geologist/Surveyor/Planner/GIS/LA* II $345 Principal Engineer/Geologist/Surveyor/Planner/GIS/LA* I $305 Senior Engineer/Geologist/Surveyor/Planner/GIS/LA* II $285 Senior Engineer/Geologist/Surveyor/Planner/GIS/LA* I $275 Project Engineer/Geologist/Surveyor/Planner/GIS/LA* II $255 Project Engineer/Geologist/Surveyor/Planner/GIS/LA* I $240 Engineer/Geologist/Surveyor/Planner/GIS/LA* II $230
Engineer/Geologist/Surveyor/Planner/GIS/LA* I $220
Assistant Engineer/Geologist/Surveyor/Planner/GIS/LA* $190 Designer $105
Senior CAD Technician/Graphics Designer II $210
Senior CAD Technician/Graphics Designer I $195
CAD Technician/Graphics Designer $175
Project Coordinator $185
Administrative Assistant $165
Construction Manager $345
1 Person Survey Crew $250
2 Person Survey Crew $360
3 Person Survey Crew $460
Consultants, Outside Services, Materials & Direct Charges Cost Plus 10% Overtime Work, Expert Witness Testimony and Preparation Rate Plus 50% *LA = Landscape Architect
Blueprints, reproductions, and outside graphic services will be charged at vendor invoice. Auto mileage will be charged at the IRS standard rate, currently 65.5 cents per mile.

Fee Schedule subject to change January 1, 2025.
9 EXHIBIT B EXHIBIT 1

9.9.d
Packet Pg. 223 Attachment: Exhibit 1 - Wood Rogers Agreement (Hydrologic, Hydraulic, and Stormwater On-Call Engineering Services)

CITY COUNCIL STAFF REPORT
Meeting Date: February 05, 2024
TO: THE HONORABLE MAYOR AND CITY COUNCILMEMBERS
SUBJECT: ADOPT RESOLUTION NO. ___-24 ACCEPTING FUNDS AND

AUTHORIZING EXPENDITURES FROM THE CALIFORNIA

SUPPLEMENTAL LAW ENFORCEMENT SERVICES ACCOUNT
(SLESA)

SYNOPSIS
The purpose of this item is to request that the City Council accept Fiscal Year 2023/24 (FY23/24) grant funds and authorize the recommended uses of grant funds from the California Supplemental Law Enforcement Services Account (SLESA), formerly known as Supplemental Law Enforcement Services Fund (SLESF).

DISCUSSION
Background
In 1996, California state legislation (AB 3229) created the Citizens Options for Public Safety (COPS) program allocating $100,000 to eligible local governments yearly for front line law enforcement services. These funds are distributed through the SLESA administered by the County.

The funds cannot be used to supplant resources, but instead must be used to supplement existing resources or funding. SLESA funds can be used for salaries, services, supplies, equipment, and administrative overhead. SLESA funds cannot be diverted into an entity’s general fund and must be used for the aforementioned front line law enforcement services.

The award for Pleasant Hill for the current fiscal year is an additional $100,000. Enabling legislation specifies that City Council must appropriate funds as specified in the written request of the entity’s Chief of Police. Funds are distributed from the State to the County, which then distributes the funds to the City on a monthly basis.

Analysis
The Police Department’s proposed use of new and previously unencumbered SLESA funds in FY23/24 will go toward funding the following items:

Automated License Plate Reader

10.1 Packet Pg. 224
Expansion of the current Automated License Plate Reader (ALPR) program. ALPR captures digital images of vehicle license plates as they pass the reader camera. Any license plate matched to a license plate in the system’s database is reported in real time to law enforcement. This information enables officers to take action based on the type of data received. ALPR systems are very effective in locating and recovering stolen vehicles, alerting law enforcement officers to vehicles wanted in connection with other crimes, and obtaining investigative data that assist law enforcement in investigating and solving criminal cases. This technology is one of many programs designed to keep the City of Pleasant Hill safe and prevent property crimes. The Police Department requests a commitment of $20,000 from SLESA funds for the purchase of additional ALPR equipment.

Dispatch Supervisor Position
Until 2019, the supervision of the professional staff in the Support Services Division fell to a single civilian supervisor, but because of the ongoing changes and significant increased work requirements, it was no longer feasible to have a single supervisor oversee the numerous employees and job functions. Consequently, this led to a reorganization of the Services Division and the recommendation for the creation of a new Dispatch Supervisor position. The police department requests a commitment of $20,000 from SLESA funds to offset the cost for this reorganizational effort.

Safety Equipment
The Police Department is a member agency of Central County SWAT, along with the cities of San Ramon, Walnut Creek, Martinez, and the BART Police Department. The Crisis Negotiations Team (CNT) and Unmanned Aerial Systems (UAS) Team members of the Central County SWAT team have expanded their roles during tactical operations in recent years. This expanded role has increased the effectiveness of the team and augmented the safety of the community, law enforcement personnel, and suspects. CNT and UAS Team members are currently using patrolrated safety equipment, including body armor, and require additional safety equipment that provides higher levels of protection for their roles in tactical operations. The Police Department requests a commitment of $10,000 from SLESA funds to cover the costs of providing needed safety equipment, including rifle ammunition-rated armor, for each member.

Unmanned Aerial Systems
The advancement in technology of Unmanned Aerial Systems (UAS) has rapidly evolved, creating many potential uses by local law enforcement agencies. Current UAS public safety uses include: hazmat spills; explosive ordnance disposal (EOD); search and rescue missions; investigating and documenting crime scenes; barricaded suspect surveillance; active shooters; execution of search warrants; disaster response and recovery; training; and assistance requests from local and state fire authorities. The purpose of a UAS program is to increase public and first responder safety and provide a higher level of police service to the community. Our UAS program has been in operation since 2021, with dozens of successful deployments each year. The success of the program has warranted the addition of four new UAS team members. The addition of new operators will require training and updated equipment.

10.1 Packet Pg. 225
The Police Department requests the commitment of $20,000 to pay for the purchase of additional equipment, training, and maintenance of our existing UAS inventory.

Community engagement, media communications, and crisis communications training and consulting
The Police Department proposes a partial allocation of grant funds in the amount of $30,000 for training and professional consulting services in community engagement, media communications, and crisis communication. With the allocation of these funds, Police Department staff will receive training and professional consulting in writing high-profile, transparent news releases, learning and utilizing best practices for handling and communicating during critical incidences, and mediarelated issues. The training and professional consulting service will focus on effective communication with a strong emphasis on transparency.

FISCAL IMPACT
The Police Department does not anticipate any General Fund fiscal impact of accepting these funds. By statute, funds from SLESA may not be combined with General Fund accounts. The use and administration of SLESA grant funds require minimal staff time to manage. The Finance Division has confirmed that there are sufficient existing funds in the SLESA account to cover all recommended expenditures.

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

RECOMMENDED CITY COUNCIL ACTION
Staff recommends that the City Council adopt the proposed resolution accepting the grant and authorizing the proposed use of funds.

ALTERNATIVES TO RECOMMENDED ACTION
City Council may choose to direct staff not to accept the grant, revise the list of recommended items, or provide further direction to staff.

ATTACHMENT(S):

Proposed Resolution
Prepared by: Brian Leonard, Support Services Division Lieutenant Reviewed by: Scott Vermillion, Chief of Police

10.1 Packet Pg. 226
Approved by: Ethan Bindernagel, City Manager

10.1 Packet Pg. 227
RESOLUTION NO. -24

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

AUTHORIZING THE ACCEPTANCE AND USE OF FUNDS FROM THE

CALIFORNIA SUPPLEMENTAL LAW ENFORCEMENT SERVICES

ACCOUNT (SLESA)
WHEREAS, the State of California has authorized a grant of $100,000 to the Pleasant Hill Police Department under the Citizens Options for Public Safety (COPS) program to be distributed through the Supplemental Law Enforcement Services Account (SLESA) administered by the Contra Costa County Supplemental Law Enforcement Oversight Committee; and
WHEREAS, as a condition of receiving the grant funds, state law requires the City Council to authorize the expenditure of grant funds for specific purposes related to “front line law enforcement services”; and
WHEREAS, the Pleasant Hill Police Department recommends that the new grant funds be spent on additional Automated License Plate Readers; a portion of the cost of the Department’s Dispatch Supervisor position; the purchase of safety equipment; the purchase of additional unmanned aerial systems (UAS); and community engagement, media communications and crisis communication training and consulting; and WHEREAS, the City Council held a hearing on February 5, 2024, to review and consider the proposed expenditures.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pleasant Hill authorizes the acceptance of funds from the California SLESA and the expenditure of the new grant funds for additional Automated License Plate Readers for $20,000; a portion of the cost of the Department’s Dispatch Supervisor position for $20,000; the purchase of safety equipment for $10,000; the purchase of additional unmanned aerial systems (UAS) for $20,000; and community engagement, media communications, and crisis communication training and consulting for $30,000.

ADOPTED by the City Council of the City of Pleasant Hill at a regular meeting held on the 5th day of February, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________
MATTHEW RINN, Mayor
ATTEST:

LYONE P. CONNER, City Clerk

10.1.a
Packet Pg. 228 Attachment: Proposed Resolution (Accept and Authorize SLESA Funds)

CITY COUNCIL STAFF REPORT
Meeting Date: February 05, 2024
TO: THE HONORABLE MAYOR AND CITY COUNCILMEMBERS
SUBJECT: ADOPT RESOLUTION NO. ___- 24 ACCEPTING THE OAK PARK BOULEVARD SIDEWALK GAP CLOSURE PROJECT NO. 04-23 AS

COMPLETE AND AUTHORIZING THE CITY ENGINEER TO ISSUE

AND RECORD A NOTICE OF COMPLETION AND AUTHORIZING A

TRANSFER OF PROJECT SAVINGS TO THE MEASURE K FUND

SYNOPSIS
The Oak Park Boulevard Sidewalk Gap Closure Project No. 04-23 (Project) provided 1,050 linear feet of new ADA-compliant concrete sidewalk along the north and south sides of Oak Park Boulevard between Hook Avenue and the Pleasant Hill Library, and installed new rectangular rapid-flashing beacons (RRFB) and new signage and striping at two existing crosswalks. The contractor, Franco Engineering, has completed all work to the City’s satisfaction. The purpose of this item is to consider the acceptance of the Project as complete, authorize the issuance of a Notice of Completion, and authorize the transfer of project savings back to Measure K fund.

DISCUSSION
Background
In November 2016, Pleasant Hill voters approved Measure K, a twenty-year, one-half cent transaction and use tax to address infrastructure needs of the City. The measure generates needed revenue each year, a portion of which may be allocated to help supplement the Pedestrian/Bike Program.

The Oak Park Sidewalk Gap Closure Project (Project) is identified as part of the FY 2022-2027 Capital Improvement Plan (CIP) (Project MK-3D). City Council had previously allocated $75,000 to fund complete engineering design in FY 2023-2024. The City received higher than anticipated Measure K revenues, thus allowing the City to proceed with public bidding and construction after completion of project design. On February 27, 2023, the City Council allocated an additional $805,000 for project construction and updated the CIP (Project MK-3D) budget accordingly. On March 20, 2023, City Council adopted Resolution No. 23-23 authorizing the City Manager to execute a Design Professional Services Agreement with Ruggeri-JensenAzar for design engineering and preparation of plans and specifications for the project.

10.2 Packet Pg. 229
The project is in a high priority location for pedestrian and bicycle improvements based on collision history, proximity to schools and traffic volume. The project connects residents to Pleasant Hill Middle School, the Pleasant Hill Library, Pleasant Oaks Park, pedestrian walking trails, and future athletic fields.

On July 17, 2023, City Council adopted Resolution No. 59-23, which awarded the construction contract to the lowest responsive and responsible bidder, Franco Engineering, for $578,750.15 (including contingency).

On August 7, 2023, City Council adopted Resolution No. 62-23 to authorize the City Manager to execute the Federal Highway Administration (FHWA) Grant Agreement on behalf of the City for a Comprehensive Action Plan and approve a new CIP project, SS4A Action Plan (MK-6) for $300,000 with $240,000 reimbursed by FHWA grant and $60,000 in Measure K local match funds. City Council authorized staff to transfer $60,000 in Measure K funding from Project MK3D R1 to Project MK-6.

On September 11, 2023, City Council adopted Resolution No. 66-23, authorizing the City Manager to execute a contract change order with Franco Engineering for $132,276.61 (including contingency) for the installation of an additional 200 linear feet of ADA-compliant concrete sidewalk improvements. The City was notified of a grant for $70,000 from the Transportation Development Act (TDA), a longstanding State transportation program that funds transit systems and improvements in California. The grant augmented the overall project budget from $880,000 to $950,000.

On October 16, 2023, City Council adopted Resolution No. 71-23, authorizing the City Manager to execute a contract change order with Franco Engineering for $103,378.14 (including contingency) for the installation of an additional 130 linear feet of ADA-compliant concrete sidewalk improvements.

Analysis
The Project is now complete and the work conforms to the construction plans and specifications.

Construction began on July 31, 2023. The Contractor substantially completed the project on October 27, 2023, which was within the allotted contract time.

Project highlights include the installation of:
 1,050 linear feet of new ADA-compliant concrete sidewalk  1,050 linear feet of new concrete curb and gutter
 3 each new ADA curb ramps
 224 tons of hot mix asphalt conform
 2 each new RRFB pedestrian crosswalks
 New signage and striping improvements
 Minor storm drain modifications

10.2 Packet Pg. 230
The total cost of construction, including five change orders, is $750,496.50, which is $63,908.40 below the approved contract amount of $814,404.90. Change order work totaled $247,235.50 and included items that were outside the original scope of work, as follows:
 Removal of 55-foot-tall Monterey Pine tree adjacent to the new sidewalk at 1624 Oak Park Boulevard per the recommendation of certified arborist;  Additional 330 linear feet of concrete sidewalk, curb, gutter, asphalt concrete conform, and ancillary items installed on the south side of Oak Park Boulevard from Via Del Sol to the EBMUD walking trail;
 Additional signage, striping, and asphalt paving at the Pleasant Valley Drive intersection;  Additional storm drain piping installed at 1691 Oak Park Boulevard; and  Removal of unknown and abandoned concrete filled corrugated metal storm drain pipe.

The City is retaining up to five percent of the total construction cost ($37,524.83) from Franco Engineering to ensure that the Contractor pays all of its vendors and suppliers. The procedure for releasing the retention is the City Council’s formal acceptance of the work with authorization to issue and record a Notice of Completion. If there are no claims filed within 35 days of recording the notice, the City may release final payment of the retained amount to the contractor. The completed work is subject to a one-year maintenance period to address any problems that occur within that time.

FISCAL IMPACT
The total Project cost is funded by Measure K and a TDA grant. The total cost of construction is $750,496.50, including executed change orders. The chart below identifies the funding sources and actual project:

Funding Sources_____ Actual Expenses_____________________ Measure K $880,000.00 Construction Contract $503,261.00 TDA Grant $70,000.00 Total Change Orders $247,235.50
Design $52,880.00
Engineering Staff Time $24,425.78
Transfer to MK-6 (Grant) $60,000.00
Total $950,000.00 Total $887,802.28
Completion of the Project is within the approved budgeted amount. The overall Project was under budget from the originally allocated $950,000 due to the City’s outreach during the advertising for public bidding, as well as the receipt of the TDA Grant funds. The remaining balance of $62,197.72 will be returned to the City’s Measure K fund to be allocated on other viable projects.

10.2 Packet Pg. 231

RECOMMENDED CITY COUNCIL ACTION
Adopt a Resolution accepting the Oak Park Boulevard Sidewalk Gap Closure, Project No. 04-23, as complete and authorizing the City Engineer to issue and record a Notice of Completion and authorize a transfer of $62,197.72 of project savings to the Measure K.

ALTERNATIVES TO RECOMMENDED ACTION
None recommended.

ATTACHMENT(S):

Proposed Resolution
Prepared by: Omar Adina, Assistant Engineer
Reviewed by: Ananthan Kanagasundaram, City Engineer
Approved by: Ethan Bindernagel, City Manager

10.2 Packet Pg. 232
RESOLUTION NO. -24

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLEASANT HILL ACCEPTING OAK PARK BOULEVARD SIDEWALK GAP CLOSURE PROJECT NO. 04-23

AS COMPLETE AND AUTHORIZING THE CITY ENGINEER TO ISSUE AND RECORD A NOTICE OF COMPLETION AND AUHORIZE A TRANFER OF $62,197.72 OF PROJECT

SAVINGS TO THE MEASURE K FUND
WHEREAS, the City has adopted the FY 2022–2027 Capital Improvement Plan (CIP), which includes the Oak Park Boulevard Sidewalk Gap Closure Project No. 04-23, (Project MK-3D) in the CIP as a funded project; and
WHEREAS, the Oak Park Boulevard Sidewalk Gap Closure Project No. 04-23 addressed pedestrian and bicycle safety by providing a new, continuous ADA sidewalk along the north and south sides of Oak Park Boulevard from Hook Avenue to the Pleasant Hill Library; and WHEREAS, the Oak Park Boulevard Sidewalk Gap Closure Project No. 04-23 provided new rectangular rapid-flashing beacons (RRFB) at existing crosswalks at Oak Park Boulevard/Manor Avenue and Oak Park Boulevard/Via del Sol intersections to improve pedestrian and bicycle safety, access and visibility; and
WHEREAS, the Oak Park Boulevard Sidewalk Gap Closure Project No. 04-23 provided new signage and striping adjacent to the improvements, including Class II bike lanes; and WHEREAS, on July 17, 2023, the City Council adopted Resolution No. 59-23, which awarded a contract to Franco Engineering to perform work described in the contract documents entitled the Oak Park Boulevard Sidewalk Gap Closure Project No. 04-23; and WHEREAS, on September 11, 2023, the City Council adopted Resolution No. 66-23, which authorized the City Manager to execute a contract change order with Franco Engineering for $132,276.61 for the installation of 200 linear feet of additional ADA-compliant concrete sidewalk; and
WHEREAS, on October 16, 2023, the City Council adopted Resolution No. 71-23, which authorized the City Manager to execute a contract change order with Franco Engineering for $103,378.14 for the installation of 130 linear feet of additional ADA-compliant concrete sidewalk; and
WHEREAS, the work has been performed to the satisfaction of the City and Franco Engineering is requesting final payment for the completed work; and WHEREAS, the City has retained five percent of the total construction cost ($37,524.83) from Franco Engineering. If there are no claims filed within 35 days of recording the notice, the City may release final payment of the retained amount to the contractor; and

10.2.a
Packet Pg. 233 Attachment: Proposed Resolution (Oak Park Boulevard Sidewalk Project) WHEREAS, the California Public Contract Code requires the City to notify the public of acceptance of a project prior to making a final payment.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Pleasant Hill that the work performed as the Oak Park Boulevard Sidewalk Gap Closure Project No. 04-23, is complete to the satisfaction of the City; and
BE IT FURTHER RESOLVED if there are no claims filed within 35 days of recording the notice, the City may release final payment of the retained amount of $37,524.83 to Franco Engineering; and
BE IT FURTHER RESOLVED the City Engineer is authorized to execute a Notice of Completion and record it with the Office of the Recorder of the County of Contra Costa, State of California, within ten (10) days from the date thereof; and BE IT FURTHER RESOLVED the City Council of Pleasant Hill authorizes a transfer of $62,197.72from the project savings back to the Measure K fund.

ADOPTED by the City Council of the City of Pleasant Hill at a regular meeting held on the 5
th day of February, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________________
MATTHEW RINN, Mayor
ATTEST:

LYONE P. CONNER, City Clerk

10.2.a
Packet Pg. 234 Attachment: Proposed Resolution (Oak Park Boulevard Sidewalk Project)

Pleasant Hill City CouncilFebruary 5, 2024

Pleasant Hill City Council
February 5, 2024