Agenda packet — Aliso Viejo City Council, November 2, 2022

1 AGENDA

ALISO VIEJO CITY COUNCIL
WEDNESDAY, NOVEMBER 02, 2022
6:30 PM CLOSED SESSION
7:00 PM REGULAR MEETING

City Hall
Council Chambers
12 Journey
Aliso Viejo, CA

Mayor Ross Chun
Mayor Pro Tem Richard W. Hurt
Councilmember Tiffany Ackley
Councilmember David C. Harrington
Councilmember Mike Munzing

SPECIAL NOTICE REGARDING COVID-19

On March 4, 2020, Governor Newsom proclaimed a State of Emergency in California as a result of the threat of COVID -19. On September 16, 2021, Assembly Bill 361 (AB 361) was signed by Governor Newsom, to allow for the City Council to attend City Council mee tings telephonically and for the public to participate in the City Council meeting by electronic means.

Given the health risks associated with COVID-19, state and local officials are recommending measures to promote social distancing; therefore, the City of Aliso Viejo will not have the Council Chambers open to the public for this meeting. Members of the public may access the meeting live using any of the following sources:

• Cox Communications Channel 851
• AT&T U-Verse Channel 99
• Online at www.avcity.org/agendas
• Online via GoToWebinar at https://attendee.gotowebinar.com/register/536393875803145487

Staff anticipates a return to in-person City Council meetings to occur in December 2022.

Public comments may be submitted by calling (949) 425-2509 to leave a recorded message by 4:00 pm on the day of the meeting or via email to [email protected]. Alternatively, public comments may be submitted by logging onto the meeting through this link and using the “Raise Hand” feature :
https://attendee.gotowebinar.com/register/536393875803145487. Comments are limited to three minutes each.
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WELCOME to the City of Aliso Viejo City Council meeting.

It is the City’s intention to comply with the Americans with Disabilities Act (ADA). If you need special assistance to participate in the meeting, the City will make reasonable arrangement s to ensure accessibility and/or accommodations. [28 CFR 35.102-35.104 ADA Title II] Please contact the City Clerk’s Office at (949) 425-2505 at least 48 hours prior to the meeting.

Regular meetings of the City Council are held on the first and third Wednesday of the month at the City Hall Council Chambers, 12 Journey, Aliso Viejo. Copies of the agenda are available in the lobby at City Hall on the Thursday preceding a regularly sched uled City Council meeting. All communications received by the City regarding an agenda item have been included in the agenda materials. Supplemental documents relating to specific agenda items, including communications received after agenda delivery, are p resented at the dais and in the Public Copy agenda binder at the time of the meeting. Supplemental documents are also available for review in the City Clerk’s office, 12 Journey, Aliso Viejo. For more information, please contact City Hall at (949) 425- 2505.

This meeting will be broadcast live on Cox Communications Channel 851, AT&T U -Verse Channel 99 and the City's website. By attending the City Council Meeting, you are giving your permission to be televised. The Council Meetings are rebroadcast on Wednesday at 7:00 p.m. on Cox Communications Channel 851, AT&T U -Verse Channel 99, and can be viewed on the internet at www.avcity.org.

DAVID A. DOYLE SCOTT C. SMITH MITZI ORTIZ

CITY MANAGER CITY ATTORNEY CITY CLERK

PLEASE SILENCE ALL CELL PHONES AND OTHER

ELECTRONIC EQUIPMENT WHILE CITY COUNCIL IS IN SESSION

CALL TO ORDER: CONVENE SPECIAL MEETING

PUBLIC COMMENTS:

CLOSED SESSION:

PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Pursuant to Government Code Section 54957
Title: City Manager

CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code Section 54957.6
Agency designated representative: Mayor and Mayor Pro Tem Unrepresented employee: City Manager

CALL TO ORDER: CONVENE REGULAR MEETING

ROLL CALL

2 3
PLEDGE OF ALLEGIANCE:

REPORT FROM CLOSED SESSION:

1. SPECIAL PRESENTATIONS:

None.

2. ADDITIONS, DELETIONS, REORDERING TO THE AGENDA:

3. COMMUNITY INPUT:

Members of the public wishing to address the City Council can submit public comments by calling (949) 425- 2509 to leave a recorded by 4:00 pm on the day of the meeting or via email to [email protected]
. Written comments will be read into the record and
recorded messages will be aired during the meeting. Alternatively, public comments may be submitted by logging onto the meeting through this link and using the “Raise Hand” feature:
https://attendee.gotowebinar.com/register/536393875803145487. Comments are limited to three (3) minutes each. In compliance with the Brown Act, no discussion or action may be taken on comments received at this time, except the City Council may briefly respond to statements made or questions posed.

4. CONSENT CALENDAR:

All matters listed on the Consent Calendar will be acted upon by one vote unless members of the City Council, or staff request a matter to be discussed and/or removed from the Consent Calendar for separate action. Items removed from the Consent Calendar will be discussed and voted upon immediately following City Council action on the remainder of the Consent Calendar.

4.1. WAIVE THE READING OF ALL ORDINANCES AND RESOLUTIONS Recommended Action: Approve the reading by title only of all ordinances and resolutions wherein the titles appear on the public agenda; said titles shall be determined to have been read by title, and further reading is waived.

4.2. RESOLUTION EXTENSION AUTHORIZING VIRTUAL CITY COUNCIL MEETINGS PURSUANT TO ASSEMBLY BILL 361
Recommended Action: Move to reconfirm findings under Assembly Bill 361 and extend Resolution No. 2021-27 to continue virtual City Council meetings.

Staff Report
Attachment 1 - Resolution No. 2021-27

4.3. APPROVAL OF MINUTES
Recommended Action: Approve the Minutes as submitted for the October 19, 2022 Regular Meeting.

Draft Minutes - October 19, 2022 Regular Meeting
3 4

4.4. ACCOUNTS PAYABLE
Recommended Action: Ratify accounts payable ch ecks and electronic funds transfers issued October 13, 2022, in the amount of $1,214,714.35.

Staff Report
Attachment 1 - Accounts Payable Report

4.5. DESIGNATION OF PRIVATELY OWNED PARKS AS CITY “DESIGNATED PARKS” PURSUANT TO ALISO VIEJO MUNICIPAL CODE CHAPTER 11.10
Recommended Action: Adopt a Resolution entitled: A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF ALISO VIEJO, CALIFORNIA, ADOPTED PURSUANT TO ALISO VIEJO MUNICIPAL CODE CHAPTER 11.10 TO MAKE CERTAIN PRIVATELY

OWNED PARKS SUBJECT TO THE PROVISIONS OF MUNICIPAL CODE CHAPTER

11.10 (PARKS).

Staff Report
Attachment 1 - Resolution

4.6. CONFLICT OF INTEREST CODE BIENNIAL REVIEW AND AMENDMENT Recommended Action: Adopt a Resolution approving the amended Conf lict of Interest Code, pursuant to the Political Reform Act, section 87303.

Staff Report
Attachment 1 - Resolution
Attachment 2 - Conflict of Interest Code (redlined)
Attachment 3 - Biennial Notice

5. PUBLIC HEARINGS:

None.

6. DISCUSSION:

6.1. ORDINANCE TO ADOPT UPDATED 2022 BUILDING CODES
Recommended Action:

1. Find that the proposed Ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the State CEQA guidelines, because it does not qualify as a project as there is no potential to result in either a direct or reasonably foreseeable indirect physical change in the environment; and

2. Introduce for first reading an Ordinance entitled: AN ORDINANCE OF THE CITY

COUNCIL OF THE CITY OF ALISO VIEJO, CALIFORNIA, AMENDING CHAPTERS

13.02 & 13.04 OF TITLE 13 OF THE ALISO VIEJO MUNICPAL CODE AND

ADOPTING BY REFERENCE THE FOLLOWING MODEL CODES INTO THE ALISO VIEJO MUNICIPAL CODE: (1) CALIFORNIA BUILDING CODE, VOLUMES 1 & 2, 2022 EDITION; WITH AMENDMENTS; (2) CALIFORNIA ELECTRICAL CODE, 2022 EDITION; (3) CALIFORNIA PLUMBING CODE, 2022 EDITION; (4) CALIFORNIA MECHANICAL CODE, 2022 EDITION; (5) INTERNATIONAL PROPERTY MAINTENANCE CODE; 2021 EDITION (6) CALIFORNIA ADMINISTRATIVE CODE, 4 5
2022 EDITION; (7) CALIFORNIA ENERGY CODE, 2022 EDITION; (8) CALIFORNIA REFERENCED STANDARDS CODE, 2022 EDITION; (9) CALIFORNIA EXISTING BUILDING CODE, 2022 EDITION ( 10) CALIFORNIA RESIDENTIAL CODE, 2022 EDITION; WITH AMENDMENTS; (11) CALIFORNIA GREEN BUILDING STANDARDS CODE, 2022 EDITION; AND (12) CALIFORNIA FIRE CODE, 2022 EDITION, WITH AMENDMENTS.

Staff Report
Attachment 1 - Ordinance

7. CITY MANAGER' S REPORT:

8. ANNOUNCEMENTS / COUNCIL COMMENTS / COMMITTEE UPDATES:

9. ADJOURNMENT:

The next regularly scheduled City Council meeting is November 16, 2022.

5 City of Aliso Viejo

AGENDA ITEM
DATE: November 2, 2022
TO: Mayor and City Council
FROM: Mitzi Ortiz, Director of Government Services
SUBJECT: RESOLUTION EXTENSION AUTHORIZING VIRTUAL CITY COUNCIL MEETINGS PURSUANT TO ASSEMBLY BILL 361
Recommended Action:

Move to reconfirm findings under Assembly Bill 361 and extend Resolution No. 2021-27 to continue virtual City Council meetings.

Fiscal Impact:

None.

Background:

Assembly Bill 361 (“AB 361”), effective October 1, 2021, waives certain provisions of the Ralph M. Brown Act and allows legislative bodies to meet virtually until January 1, 2024, provided there is a state of emergency and either:

1. state or local officials have imposed or recommended measures to promote social distancing; or

2. the legislative body determines by majority vote that meeting in person would present imminent risks to the health and safety of attendees.

Under AB 361, the City is not required to allow public access at teleconference locations; however, the City must provide access to meetings via a call-in option or internet-based service option so that members of the public may address the City Council in real time.

Additionally, every 30 days the City Council must reconsider the state of emergency and make the determination to continue meeting virtually in accordance with AB 361.

Discussion:

On October 20, 2021, the City Council adopted Resolution No. 2021-27 authorizing virtual City Council meetings under AB 361, having found and determined that (1) a state of emergency related to COVID-19 is currently in effect; (2) state and local officials have 6

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recommended measures to promote social distancing in connection with COVID-19; and (3) due to the COVID-19 emergency, meeting in person would present imminent risks to the health and safety of attendees. At subsequent meetings, the City Council has reconfirmed the findings and extended the resolution pursuant to AB 361.

Staff will agendize this matter for consideration at each City Council meeting until such time as the state of emergency has been terminated or the City Council determines that conditions no longer exist to prevent meeting safely in person. Staff anticipates a return to in-person City Council meetings to occur in December 2022.

Staff recommends that the City Council reconfirm the findings in Resolution No. 2021-27 continue to exist and approve the extension of the resolution.

Attachment:

1. Resolution No. 2021-27
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RESOLUTION NO. 2021-27

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALISO

VIEJO, CALIFORNIA, AUTHORIZING VIRTUAL CITY COUNCIL
MEETINGS PURSUANT TO ASSEMBLY BILL 361

WHEREAS, the Aliso Viejo City Council (“Council”) is committed to preserving and nurturing public access and participation in meetings of the Council; and

WHEREAS, with the exception of closed sessions, all meetings of the Council are open and public, as required by the Ralph M. Brown Act (Cal. Gov. Code 54950 – 54963), so that any member of the public may attend and participate in the Council’s meetings; and

WHEREAS, starting in March 2020, in response to the spread of COVID-19 in the State of California, the Governor issued a number of executive orders aimed at containing the COVID-19 virus; and

WHEREAS, among other things, these orders wa ived certain requirements of the Brown Act to allow legislative bodies to meet virtually; and

WHEREAS, pursuant to the Governor’s executive orders, the Council has been holding virtual meetings during the pandemic in the interest of protecting the health and safety of the public, staff, and Councilmembers; and

WHEREAS, the Governor’s executive order related to the suspension of certain provisions of the Brown Act expires on September 30, 2021; and

WHEREAS, on September 16, 2021 the Governor signed Assembly Bill 361 (in effect as of October 1, 2021 – Government Code Section 54953(e)), which allows legislative bodies to meet virtually provided there is a state of emergency, and either (1) state or local officials have imposed or recommended measures to promote social distancing; or (2) the legislative body determines by ma jority vote that meeting in person would present imminent risks to the health and safety of attendees; and

WHEREAS, such conditions now exist in Orange County, specifically, a state of emergency has been proclaimed related to COVID-19, state and local officials are recommending measures to promote social distancing, and because of the ongoing threat of COVID-19, meeting in person would present imminent risks to the health and safety of attendees;

NOW, THEREFORE, BE IT RESOLVED BY THE ALISO VIEJO CITY COUNCIL AS FOLLOWS:

Section 1. Recitals. The Recitals set forth above are true and correct and are incorporated into this Resolution by this reference. 8

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Section 2. Remote Teleconference Meetings. Consistent with the provisions of Government Code Section 54953(e), the Council finds and determines that (1) a state ofemergency related to COVID-19 is currently in effect; (2) state and local officials have recommended measures to promote social distancing in connection with COVID-19; and (3) due to the COVID-19 emergency, meeting in person would present imminent risks to the health and safety of attendees. Based on such facts, findings and determinations, the Council authorizes staff to conduct remote teleconference meetings of the Council under the provisions of Government Code Section 54953(e).

Section 3. Effective Date of Resolution. This Resolution shall take effect upon adoption and shall be effective for 30 days unless earlier extended by a majority vote of the Council in accordance with Section 4 of this Resolution.

Section 4. Extension by Motion. The Council may extend the application of this Resolution by motion and majority vote by up to 30 days at a time, provided that it makes all necessary findings consistent with and pursuant to the requirements of Section 54953(e)(3).

PASSED, APPROVED AND ADOPTED this 20th day of October, 2021.

Tiffany Ackley
Mayor
APPROVED AS TO FORM: ATTEST:

Scott C. Smith Mitzi Ortiz, MMC
City Attorney City Clerk
Mitzziiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii Ortiz,z,z,z,,z,z,z,z,,zz,zz,,,z,,z,,zz,,z,zz,,zz,z,zzzzz,z,,z,zzzz,,,zz,,,z,z,, MMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMC City Clerk
9

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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.

CITY OF ALISO VIEJO )
I, MITZI ORTIZ, City Clerk of the City of Aliso Viejo, California, DO HEREBY CERTIFY that foregoing Resolution No. 2021-27 was duly passed and adopted by the City Council of the City of Aliso Viejo at their regular meeting held on the 20th day of October 2021, by the following roll call vote, to wit:

AYES: Mayor Ackley, Mayor Pro Tem Chun, Councilmembers Harrington, Hurt and Munzing
NOES: None
ABSENT: None

MITZI ORTIZ, MMC

CITY CLERK
(SEAL)

MITZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZI ORTITITITITTITITTITITITITIITIITITITTITITITTITTITITITITTTITTITITITITTITITTTTTTITITITTTTITIITITITITITTTITITITTTITITITITTTTTITITTTTTTITTITTIITITTTITIITITITTIITTTITIITIITIIITTIITTITITIITTTTTTTITTTTTTTITITTTTTTTITTTTTTTTTTTTTTTTTTTTTTTTT ZZZ,ZZZZZZZZZZZZZZZZZZZZZ MMC

CITY CLERK
10

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Regular Meeting Minutes

CITY OF ALISO VIEJO

CITY COUNCIL MINUTES

REGULAR MEETING
October 19, 2022, 7:00 P.M.

Council Chambers, City Hall, 12 Journey
Aliso Viejo, California
City Council conducted this meeting in accordance with California Government Code Section 54953(e)(2) and COVID-19 pandemic protocols.

CALL TO ORDER: Mayor Chun called the Regular Meeting of the City Council of the City of Aliso Viejo to order at 7:02 p.m.

ROLL CALL:

PRESENT: MAYOR ROSS CHUN (via teleconference)
MAYOR PRO TEM RICHARD HURT (via teleconference)
COUNCILMEMBER TIFFANY ACKLEY (via teleconference)
COUNCILMEMBER DAVID C. HARRINGTON (via teleconference)
COUNCILMEMBER MIKE MUNZING (via teleconference)
ABSENT: NONE
STAFF PRESENT: DAVID A. DOYLE, CITY MANAGER
SCOTT C. SMITH, CITY ATTORNEY

MITZI ORTIZ, CITY CLERK

ANN EIFERT, FINANCIAL SERVICES DIRECTOR

SHAUN PELLETIER, PUBLIC WORKS DIRECTOR

SO KIM, COMMUNITY DEVELOPMENT DIRECTOR

LIZZY MENDOZA, RECREATION & COMMUNITY SERVICES MANAGER

ISAAC AZIZ, INFORMATION TECHNOLOGY MANAGER
CAPT. SCOTT MERRILL, CHIEF OF POLICE SERVICES
PLEDGE OF ALLEGIANCE: Councilmember Harrington led the pledge of allegiance.

1. SPECIAL PRESENTATIONS:

1.1. FEATURED BUSINESS OF THE MONTH - ACRISURE OF CALIFORNIA Mayor Chun introduced the video and presented the certificate of recognition to Acrisure President Nick Vucurevic. Mr. Vucurevic expressed his appreciation. 11

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Regular Meeting Minutes

1.2. RECOGNITION OF OCFA DIVISION CHIEF MICHAEL CONTRERAS Mayor Chun presented the certificate of recognition to OCFA Division Chief Michael Contreras. Chief Contreras expressed his appreciation.

1.3. PROCLAMATION - CYBERSECURITY AWARENESS MONTH
Mayor Chun presented the proclamation to IT Manager Isaac Aziz, who expressed his appreciation and provided information on the importance of the designation.

1.4. TRUSTED PARTNER RECOGNITION - PREMIER AQUATIC SERVICES Mayor Chun presented the certificate of recognition to Chief Operating Officer Ryan Larson. Mr. Larson expressed his appreciation.

2. ADDITIONS, DELETIONS, REORDERING TO THE AGENDA:

None.

3. COMMUNITY INPUT:

1. Bill Moorhead commented on his candidacy for Moulton Niguel Water District

2. Diane Rifkin commented on her candidacy for Moulton Niguel Water District.

3. Don Beal expressed concern with noise impacts from events at Aliso Viejo Ranch.

4. CONSENT CALENDAR:

Unless otherwise indicated below, the following pertains to all items on the Consent Calendar.

Motion: Councilmember Munzing moved and Mayor Pro Tem Hurt seconded to approve the recommended actions. Motion carried 5-0.

4.2. RESOLUTION EXTENSION AUTHORIZING VIRTUAL C ITY COUNCIL MEETINGS PURSUANT TO ASSEMBLY BILL 361
Recommended Action: Move to reconfirm findings under Assembly Bill 361 and extend Resolution No. 2021-27 to continue virtual City Council meetings. 12

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Regular Meeting Minutes

4.3. APPROVAL OF MINUTES
Recommended Action: Approve the Minutes as submitted for the October 5, 2022 Special Meeting and the October 5, 2022 Regular Meeting.

4.4. SECOND READING AND ADOPTION OF AN ORDINANCE ENACTING LOCAL

CAMPAIGN CONTRIBUTION LIMITS
Recommended Action: Conduct second reading and adopt Ordinance No. 2022-230 entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALISO VIEJO, CALIFORNIA, ADDING SECTION 2.04.150 TO CHAPTER 2.04 (CITY COUNCIL) OF TITLE 2 (ADMINISTRATION AND PERSONNEL) OF THE ALISO VIEJO MUNICIPAL

CODE RELATING TO LOCAL ELECTION CAMPAIGN CONTRIBUTION LIMITS AND REGULATIONS.

Motion: Councilmember Munzing moved and Mayor Pro Tem Hurtseconded to approve the recommended actions. Motion carried 4-1, with Councilmember Munzing dissenting.

4.5. ACCOUNTS PAYABLE
Recommended Action: Ratify accounts payable checks and electronic funds transfers issued September 29, 2022, in the amount of $295,766.13.

4.6. COMMUNITY FACILITIES DISTRICT NO. 2005- 01 (GLENWOOD AT ALISO VIEJO)

LOCAL AGENCY SPECIAL TAX AND BOND ACCOUNTABILITY ACT COMPLIANCE (SB 165) REPORT FOR FISCAL YEAR ENDED JUNE 30, 2022
Recommended Action: Accept and file the Community Facilities District No. 2005- 01 (Glenwood at Aliso Viejo) Local Agency Special Tax and Bond Accountabi lity Act Compliance (“SB 165”) Report for Fiscal Year June 30, 2022.

4.7. LEASE AGREEMENT WITH EFUEL, LLC
Recommended Action: Approve and authorize the City Manager to execute a temporary month-to-month lease agreement with EFUEL, LLC for the use of office space located at City Hall, within Suite 200.

4.8. PROFESSIONAL SERVICES AGREEMENT WITH ADVANTAGE MAILING LLC FOR

PRINTING AND MAILING SERVICES OF RECREATION BROCHURE
Recommended Action: Approve and authorize the City Manager to execute a Professional Services Agreement with Advantage Mailing LLC for theprinting and mailing services of the quarterly Community Connection Recreation Brochure and Summer Camp Pocket Brochure.

4.9. AGREEMENT WITH AMBER GREGG PLANNING + ENTITLEMENTS FOR THE 2021- 2029 HOUSING ELEMENT
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Regular Meeting Minutes
Recommended Action:

1. Approve an agreement in the amount of $105,000 to Amber Gregg Planning + Entitlements for the 2021-2029 Housing Element; and

2. Authorize the City Manager to execute the agreement with Amber Gregg Planning + Entitlements for the 2021-2029 Housing Element.

4.10. AGREEMENT WITH DE NOVO PLANNING GROUP FOR ON-CALL CEQA SERVICES Recommended Action:

1. Approve an agreement in the amount not to exceed $150,000 to De Novo Planning Group for on-call California Environmental Quality Act (“CEQA”) services; and

2. Authorize the City Manager to execute the agreement with De Novo Planning Group for on-call CEQA services.

4.11. AGREEMENT WITH UNITED BUILDING AND DEVELOPMENT SERVICES FOR THE

ALISO VIEJO RANCH WOOD SEALING PROJECT
Recommended Action:

1. Approve an agreement in the amount of $66,750 with United Building and Development Services as the lowest responsible bidder for the Aliso Viejo Ranch wood sealing project; and

2. Authorize the City Manager to execute an agreement with United Building Development Services; and

3. Authorize City staff to make total compensation to United Building Development Services up to $66,750 plus $10,000 (15% of the agreement amount) to allow for contingencies, totaling $76,750.

5. PUBLIC HEARINGS:

None.

6. DISCUSSION:

None.

7. CITY MANAGER' S REPORT:

City Manager David Doyle announced Adolescent Mental Health Panel to be held from 6:00 p.m. to 8:30 p.m. on October 20, 2022 at Aliso Viejo Ranch; Coffee with a Cop to be held from 5:00 p.m. to 6:30 p.m. on October 26, 2022;

8. ANNOUNCEMENTS / COUNCIL COMMENTS / COMMITTEE UPDATES:

Councilmember Ackley:
 Announced AVCA Fall Harvest Festival
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Regular Meeting Minutes
Councilmember Harrington: None
Councilmember Munzing: None
Mayor Pro Tem Hurt:
 Expressed appreciation to Boys & Girls Club of Capistrano Valley for partnering with OCPL Mobile Library and the City’s pumpkin giveaway
Mayor Chun:
 Expressed appreciation to City staff for Aliso Viejo Ranch operations  Attended Family Assistance Ministries Hunger Walk
 Attended Wood Canyon Elementary School Book Fair and Open House  Attended Chamber of Commerce Networking Breakfast
 Encouraged residents to attend Adolescent Mental Health Panel

9. ADJOURNMENT: Mayor Chun adjourned the meeting at 7:43 p.m. to the regularly scheduled meeting of November 2, 2022.

Respectfully submitted: Approved by:
________________________ ________________________

MITZI ORTIZ, MMC ROSS CHUN

CITY CLERK MAYOR
15 City of Aliso Viejo

AGENDA ITEM
D
ATE: November 2, 2022
TO
: Mayor and City Council
F
ROM: Ann Eifert, Director of Financial Services
SU
BJECT: ACCOUNTS PAYABLE
Recommended Action:

Ratify accounts payable checks and electronic funds transfers issued October 13, 2022, in the amount of $1,214,714.35.

Fiscal Impact:

Expenditures in the amount of $1,214,714.35.

Background:

The City issues accounts payable checks and electronic funds on bi- weekly basis and presents it to City Council for ratification at its next regularly scheduled City Council meeting.

Discussion:

The attached register containing checks and electronic funds transfers dated October 13, 2022, for $1,214,714.35 is being presented for ratification. All payments have been made in compliance with the City’s purchasing policy and procedures. Payments have been reviewed and approved by the appropriate departmental staff. The issued accounts payable checks and electronic funds transfers have been reviewed and deemed accurate by the Director of Financial Services.

Attachment:

1. Accounts Payable Report
16 Accounts Payable
Description (Item)Vendor Name Amount
101 - GENERAL FUND
OCT'22 LIFE INSURANCEUNITED OF OMAHA LIFE INSURANCE CO. 1,385.94 OCT'22 DENTAL - EMIGDIO MARTINEZCHOICE BUILDER 208.75
NOV'22 DENTAL INSURANCECHOICE BUILDER 2,581.20
OCT'22 VISION - EMIGDIO MARTINEZCHOICE BUILDER 29.54
NOV'22 VISION INSURANCECHOICE BUILDER 388.72
BLDR22-00278-C&D REFUND-CAL COAST ROOFING/1WATERCAL COAST ROOFING AND RAINGUTTERS, INC 500.00 BLDR22-00316-C&D REFUND-TAO QIU/123 CAPE VICTORIATAO QIU 500.00 5,594.15

CITY COUNCIL
AUG'22-4 CC PHONE LINESAT&T 286.97
DL-MM 9/15 OCTAX EVENT ROSES & RADISHES-REGISUS BANK PURCHASING CARD PROGRAM 150.00 DL-RC LOCC HOTEL CHARGE (SEE NOTE)US BANK PURCHASING CARD PROGRAM 100.00 CITY COUNCIL TOTAL: 536.97

CITY MANAGER
AUG'22 CM PHONE LINEAT&T 233.14
AUG'22 HR PHONE LINEAT&T 49.55
9/19 OC GRAND JURY-FEDEXFEDERAL EXPRESS 10.80
9/19 HON.LARSH SUPERIOR COURT-FEDEXFEDERAL EXPRESS 10.80 DD-CM FASTRACK/TOLL ROADS MONTHLY CHARGESUS BANK PURCHASING CARD PROGRAM 335.00 DL-DD 11/1-11/3 CALPERS EDU FORUM CONF-REGISUS BANK PURCHASING CARD PROGRAM 499.00 DL-DD CAL CITIES CONF-REGISUS BANK PURCHASING CARD PROGRAM 650.00 CITY MANAGER TOTAL: 1,788.29

ECONOMIC DEVELOPMENT
9/2-9/29/22 TOWN CENTER STORAGE BIN RENTALHAULAWAY STORAGE CONTAINERS INC 92.40 SEP'22 MTR #13223825 38 COLONIAL WAY-GAS SERVICETHE GAS COMPANY 28.43 ECONOMIC DEVELOPMENT TOTAL: 120.83

HUMAN RESOURCES
7/8 COMM DIR BACKGROUND CHECKSMARTHIRE, A DIVISION OF KROUT & SCHNEIDER, INC 87.00 DL-PC/HR PERMIT TECH JOB POST AD-CALBOUS BANK PURCHASING CARD PROGRAM 15.00 PC-10/4-10/7/22 CALPERS ED FORUM CONF-REGISUS BANK PURCHASING CARD PROGRAM 499.00 PC-10/4-10/7/22 CALPERS ED FORUM AMTRACK TRANSUS BANK PURCHASING CARD PROGRAM 117.90 HUMAN RESOURCES TOTAL: 718.90

CITY CLERK
MO-9/17-9/21 ICMA LUNCHEON PROG-REGISUS BANK PURCHASING CARD PROGRAM 50.00 LL-8/25 M.ROCHA CCAC WORKSHOPUS BANK PURCHASING CARD PROGRAM 25.00 MO-9/7 LUNCH AT HYATT REGENCY LBUS BANK PURCHASING CARD PROGRAM 22.81 MO-LCC NEW LAW & ELECTIONS SEMINARUS BANK PURCHASING CARD PROGRAM 500.00 MO-9/21 UBER FR HOTEL TO COLUMBUS AIRPORTUS BANK PURCHASING CARD PROGRAM 29.95 MO-9/17 UBER FR COLUMBUS AIRPORT TO HOTELUS BANK PURCHASING CARD PROGRAM 27.52 MO-9/17-9/21/22 ICMA CONF-MILEAGE REIMBMITZI ORTIZ 50.19 MUNICIPAL CODE-WEB UPDATE/16PGS ORDS2022-227TO228ICC GENERAL CODE, INC 431.25 CITY CLERK TOTAL: 1,136.72

FINANCE
OCT'22-CH-CASH COURIER SERVICEGARDAWORLD 463.28
NOV'22 ADMIN FEECHOICE BUILDER 35.00
SM-NJ 9/28-9/29 CSMFO CA LOCAL BUDGETING-REGISUS BANK PURCHASING CARD PROGRAM 150.00 FIN-OFFICE SUPPLIESSTAPLES ADVANTAGE 112.33
FINANCE TOTAL: 760.61

INFORMATION TECHNOLOGY
8/6-9/5/22 CH AT&T ALARM/POT LINESAT&T 3,149.37
9/6-10/5/22 CH AT&T ALARM/POT LINESAT&T 3,101.04
HN-SEP'22 CREDIT ADJ-LIFE INSURANCEUNITED OF OMAHA LIFE INSURANCE CO. (33.05) 9/19-10/18/22 ACCT#9302-CH-SERVER ROOM INTERNETCOX COMMUNICATIONS, INC 85.39 OCT'22 NETWORK SUPPORT & SECURITY ENGINEERNATHAN M KEETER 416.67 10/13/2022
17 Description (Item)Vendor Name Amount
OCT-DEC'22 GRANICUS STREAMING SOFTWAREGRANICUS INC 1,659.00 9/19-10/18/22 CH-AT&T FIBER INTERNETAT&T 1,105.52
AUG'22-4 EOC PHONESAT&T 109.00
AUG'22 CH 4 MIFIAT&T 160.96
AUG'22 EOC MIFIAT&T 165.24
AUG'22 FLEET COMPLETEAT&T 50.08
8/19-9/18/22 CH-AT&T FIBER INTERNETAT&T 1,105.52
IA-EOC YOUTUBE SUBSCRIPTIONUS BANK PURCHASING CARD PROGRAM 64.99 RC-IT SUPPLIES-AMAZONUS BANK PURCHASING CARD PROGRAM 106.61 IA-9/16-10/16 WAITWHILE SUBSCRIPTION-FRONT COUNTERUS BANK PURCHASING CARD PROGRAM 159.00 RC-IT SUPPLIES-HOME DEPOTUS BANK PURCHASING CARD PROGRAM 31.72 7/19-8/18/22 CH-AT&T FIBER INTERNETAT&T 1,105.52
9/22-10/21/22-CH-ELEVATORAT&T 199.74
CH-AT&T FIBER INTERNET PAST DUEAT&T 965.30
CH-AT&T FIBER INTERNET BANK CORRECTIONAT&T 1,257.79
OCT'22 CH GOTO VOIP SERVICE & SUPPORTGOTO COMMUNICATIONS 1,857.35 9/23-10/22/22 -CH - LICENSES & SUPPORTTANGENT COMPUTERS INC 2,291.47 OCT'22 OFFSITE BACKUP STORAGE SERVICE-ZERTOLUNAVI, INC 1,369.11 INFORMATION TECHNOLOGY TOTAL: 20,483.34

NON-DEPARTMENTAL
OCT'22 OFF SITE STORAGE RECORDSCERTIFIED RECORDS MANAGEMENT 379.15 SEP'22 VISTA PARK PLAYGROUND REPAIRJAMES MICHAEL WEAVER 600.00 10/12-11/11/22 RICOH C5200S - LEASERICOH USA 722.44
10/12-11/11/22 RICOH C5200S - LEASE INTERESTRICOH USA 7.48 SEP'22-CH-COFFEE/WATER FILTRATION SERVICENESTLE WATERS NORTH AMERICA 49.54 REISSUE PMT-FY22-23 OCCOG ANNUAL DUESOC COUNCIL OF GOVERNMENTS 8,139.91 SEP'22 VISTA PARK LIGHTING MAINTPEAK LIGHTING & ELECTRIC INC 157.71 8/12-9/11/22 RICOH 2504 BACK OFFICE-COPIESRICOH USA 73.62 10/1-10/31/22 RICOH 2504 (SUITE 200)-COPIESRICOH USA 21.00 OCT'22 CITY HALL FIRST AID SUPPLIESCINTAS CORPORATION NO. 2 270.42 SEP'22 VISTA LANDSCAPINGNIEVES LANDSCAPE INC 1,028.96
SP-2020 RAV4 VIN#2113-VEHICLE REPAIRUS BANK PURCHASING CARD PROGRAM 1,376.64 DL-9/19 DD/BBK/CD LUNCH MEETINGUS BANK PURCHASING CARD PROGRAM 120.69 DL-8/23 DD/BBK/CD LUNCH MEETINGUS BANK PURCHASING CARD PROGRAM 122.40 LL-9/7 CC MTG DINNER-URBANE CAFEUS BANK PURCHASING CARD PROGRAM 115.46 LL-9/21 CC MTG DINNER -LUNA GRILLUS BANK PURCHASING CARD PROGRAM 157.55 CEN-COPY & BREAK ROOM SUPPLIESSTAPLES ADVANTAGE 294.50
SEP'22 CITY CAR FUELVOYAGER FLEET SYSTEMS INC 763.88
REM BAL-2500 ALISO VIEJO TOTE BAGSCUSTOM ECO FRIENDLY 2,795.00 8/15-9/19/22 MTR#2206 VISTA PARK WATER SERVICEMOULTON NIGUEL WATER DIST 1,118.02 QUADIENT POSTAGE THROUGH 9/30/22QUADIENT FINANCE USA, INC 500.00 NON-DEPARTMENTAL TOTAL: 18,814.37
C. S. ADMINISTRATION
MO-INSTAGRAM POST FOR FURRY FRIENDS EVTUS BANK PURCHASING CARD PROGRAM 7.13 JB-8/23SUMMER RECAP MEETING SUPPLIES-SMART & FINALUS BANK PURCHASING CARD PROGRAM 17.43 JB-8/23 SUMMER RECAP MEETING-BJ'SUS BANK PURCHASING CARD PROGRAM 35.29 LM-9/1 MEETING BREAKFAST ITEMSUS BANK PURCHASING CARD PROGRAM 39.90 LM-9/1 MEETING ACTIVE SHOOTER W/ PARTNERS-DONUTSUS BANK PURCHASING CARD PROGRAM 60.95 JB-EVENT SUPPLIES-1ST SHIPMENT-FUN EXPRESSUS BANK PURCHASING CARD PROGRAM 268.04 JB-STAFF LED WORKSHOP (VILLIANS)-AMAZONUS BANK PURCHASING CARD PROGRAM 14.00 JB-8/26 ENCANTO MOVIE NIGHT STAFF FOODUS BANK PURCHASING CARD PROGRAM 68.96 JB-SING 2 MOVE NIGHT-AMAZONUS BANK PURCHASING CARD PROGRAM 131.42 JB-EVENT SUPPLIES-2ND SHIPMENT-FUN EXPRESSUS BANK PURCHASING CARD PROGRAM 43.09 PROMOTIONAL ITEMS4IMPRINT INC 1,597.19
JAMFEST EVENT GIVEAWAYS4IMPRINT INC 1,485.57
FY22-23-COMMUNITY ASSISTANCE GRANT-LAURA'S HOUSELAURA'S HOUSE 2,250.00 FY22-23 COMMUNITY ASSISTANCE GRANT-GLENNWOODGLENNWOOD FOUNDATION INC 2,500.00 C. S. ADMINISTRATION TOTAL: 8,518.97

IGLESIA PARK
SEP'22 IGLESIA PARK PLAYGROUND REPAIRJAMES MICHAEL WEAVER 300.00 SEP'22 IGLESIA LANDSCAPINGNIEVES LANDSCAPE INC 6,846.00 8/9-9/12/22 MTR #3499 IGLESIA PARK WATER SRVEL TORO WATER DISTRICT 1,343.97 8/9-9/12/22 MTR #4114 IGLESIA PARK WATER SRVEL TORO WATER DISTRICT 1,153.17 18 Description (Item)Vendor Name Amount
AUG'22-IP-IMPACT SOCKETW W GRAINGER INC 82.08
IGLESIA PARK TOTAL: 9,725.22

IGLESIA BUILDING
JUL'22 ACCESS CONTROL - IGLESIASONITROL ORANGE COUNTY LLC 99.22 AUG'22 ACCESS CONTROL - IGLESIASONITROL ORANGE COUNTY LLC 99.22 SEP'22 ACCESS CONTROL - IGLESIASONITROL ORANGE COUNTY LLC 99.22 OCT'22 ACCESS CONTROL - IGLESIASONITROL ORANGE COUNTY LLC 99.22 SEP'22 IGLESIA CENTER LIGHTING MAINTPEAK LIGHTING & ELECTRIC INC 111.91 9/28/22 IPCC HVAC PREVENTIVE MAINTHARBOR POINTE AIR CONDITIONING & CONTROL SYSTEMS, INC 182.85 8/9-9/12/22 MTR#1850 IGLESIA BLDG WATER SRVEL TORO WATER DISTRICT 227.81 AUG'22 IPCC-FAUCETSW W GRAINGER INC 317.91
IGLESIA BUILDING TOTAL: 1,237.36

IGLESIA PARK COMMUNITY CENTER
AUG'22 B&G ELEMENTARY & TEEN KEYSTONE PROGRAMBOYS & GIRLS CLUB OF CAPISTRANO VALLEY 14,526.11 SEP'22 B&G ELEMENTARY & TEEN KEYSTONE PROGRAMBOYS & GIRLS CLUB OF CAPISTRANO VALLEY 11,866.79 IGLESIA PARK COMMUNITY CENTER TOTAL: 26,392.90

PLANNING
AUG'22 AVTC CONSULTANT SERVICESSTEVEN C. HANNA 2,700.00 SEP'22 AFFORDABLE HOUSING PROFESSIONAL SRVREBECCA J CAHA 2,625.00 IA-AUG'22 CONSTANTCONTACT.COM SUBSCRIPTIONUS BANK PURCHASING CARD PROGRAM 45.00 PLANNING TOTAL: 5,370.00

ENGINEERING (GENERAL)
SEP'22 ALISO CREEK CLEAN-UP EVENTPV MAINTENANCE INC 965.00 OCT'22 PUBLIC WORKS WAREHOUSE LEASEPV MAINTENANCE INC 1,035.00 AUG'22 PW TABLETSAT&T 139.33
SP-9/1 APWA CONF AIRPORT TRANSFER UBERUS BANK PURCHASING CARD PROGRAM 20.90 SP-8/31 APWA CONF-FOODUS BANK PURCHASING CARD PROGRAM 20.48 SP-8/26 APWA CONF-FOODUS BANK PURCHASING CARD PROGRAM 20.40 SP-8/31 APWA CONF-FOODUS BANK PURCHASING CARD PROGRAM 21.35 SP-8/27 APWA CONF AIRPORT TRANSFER UBERUS BANK PURCHASING CARD PROGRAM 22.99 SP-8/29 APWA CONF-FOODUS BANK PURCHASING CARD PROGRAM 28.15 SP-10/3 CEAOC MEETINGUS BANK PURCHASING CARD PROGRAM 90.00 SP-8/26-9/1/22 APWA CONF-MARRIOTTUS BANK PURCHASING CARD PROGRAM 1,376.10 SP-ASCE MEMBERSHIP DUESUS BANK PURCHASING CARD PROGRAM 310.00 SP-STREETS SUPER EQUIP-HOME DEPOTUS BANK PURCHASING CARD PROGRAM 70.65 SP-STREETS SUPER EQUIP-HOME DEPOTUS BANK PURCHASING CARD PROGRAM 1,194.16 DL-PW UNIFORM ORDER FOR EM-MANHATTAN STICHINGUS BANK PURCHASING CARD PROGRAM 287.69 SP-STREETS SUPER EQUIP-HOME DEPOTUS BANK PURCHASING CARD PROGRAM 197.65 ENG OFFICE SUPPLIESSTAPLES ADVANTAGE 294.98
ENGINEERING (GENERAL) TOTAL: 6,094.83

STREET MAINTENANCE
SEP'22 #107 CATCH BASIN CLEANINGPV MAINTENANCE INC 5,508.00 SEP'22 STREET MAINTENANCEPV MAINTENANCE INC 29,181.29
STREET MAINTENANCE TOTAL: 34,689.29

LAW ENFORCEMENT-CONTRACT
OCT'22 CONTRACT PAYMENT CREDITCOUNTY OF ORANGE (2,066.06) OCT'22 IN CAR VIDEOCOUNTY OF ORANGE 7,823.85
OCT'22 LAW ENFORCEMENTCOUNTY OF ORANGE 798,643.94
OCT'22 BODY WORN CAMERACOUNTY OF ORANGE 13,912.44
LAW ENFORCEMENT-CONTRACT TOTAL: 818,314.17

LAW ENFORCEMENT-OTHER
AUG'22 PAL PHONE LINEAT&T 44.52
8/21-9/3/22-451HRS-SCHOOL CROSSING GUARD SRVALL CITY MANAGEMENT SERVICES 13,128.61 9/4-9/17/22-414HRS-SCHOOL CROSSING GUARD SRVALL CITY MANAGEMENT SERVICES 12,051.54 CP-2017 TOYOTA RAV 4 VIN#9977 MAINTENANCEUS BANK PURCHASING CARD PROGRAM 815.13 CP-FRAMES FOR COMMAND STAFF PHOTOSUS BANK PURCHASING CARD PROGRAM 177.74 CP-ADDITIONAL FRAMES FOR COMMAND STAFF PHOTOSUS BANK PURCHASING CARD PROGRAM 215.41 SM-FOOD FOR SHERIFF'S PERSONNEL/BARRICADED SUBJECTUS BANK PURCHASING CARD PROGRAM 268.84 CP-WATER FOR SHERIFF PERSONNEL/BARRICADED SUBJECTUS BANK PURCHASING CARD PROGRAM 17.57 CP-COFFEE FOR SHERIFF PERSONNEL/BARRICADED SUBJECTUS BANK PURCHASING CARD PROGRAM 20.00 CP-TACTICAL GEAR/ RADIO EARPIECE FOR CSO-GALLSUS BANK PURCHASING CARD PROGRAM 47.69 9/18-10/1/22-460HRS-SCHOOL CROSSING GUARD SRVALL CITY MANAGEMENT SERVICES 13,390.60 19 Description (Item)Vendor Name Amount
SEP'22 LE MOTORCYCLE FUEL & CAR WASHESVOYAGER FLEET SYSTEMS INC 867.24 LAW ENFORCEMENT-OTHER TOTAL: 41,044.89
EOC
CP-EMERGENCY MGMT-NAME PLATES FOR STAFF BOARDSUS BANK PURCHASING CARD PROGRAM 528.31 CP-EMERGENCY MGMT-NAME PLATES FOR STAFF BOARDSUS BANK PURCHASING CARD PROGRAM 68.21 EOC TOTAL: 596.52
GENERAL FUND TOTAL: 1,001,938.33
102 - GEN. FD-CITY HALL

NON-DEPARTMENTAL
JUL'22 ACCESS CONTROL - CHSONITROL ORANGE COUNTY LLC 552.74 JUL'22 INTRUSION DETECTION - CHSONITROL ORANGE COUNTY LLC 196.51 AUG'22 ACCESS CONTROL - CHSONITROL ORANGE COUNTY LLC 552.74 AUG'22 INTRUSION DETECTION - CHSONITROL ORANGE COUNTY LLC 286.51 SEP'22 ACCESS CONTROL - CHSONITROL ORANGE COUNTY LLC 552.74 SEP'22 INTRUSION DETECTION - CHSONITROL ORANGE COUNTY LLC 286.51 SEP'22 CITY HALL BACKFLOW CERTIFICATIONSIERRA ANALYTICAL LABS INC 470.00 OCT'22 ACCESS CONTROL - CHSONITROL ORANGE COUNTY LLC 552.74 OCT'22 INTRUSION DETECTION - CHSONITROL ORANGE COUNTY LLC 286.51 SEP'22 CITY HALL JANITORIAL SUPPLIESGORM, INC 64.64
SEP'22 CITY HALL LIGHTING MAINTPEAK LIGHTING & ELECTRIC INC 197.05 9/28/22 CITY HALL HVAC PREVENTIVE MAINTHARBOR POINTE AIR CONDITIONING & CONTROL SYSTEMS, INC 1,786.65 OCT'22 CITY HALL ELEVATOR MONITORINGTHURSTON ELEVATOR CONCEPTS INC 131.00 SEP'22 CITY HALL LANDSCAPINGNIEVES LANDSCAPE INC 678.00 KB-DRINKING FOUNTAIN WALL PAINT TOUCH UP-HOMEDEPOTUS BANK PURCHASING CARD PROGRAM 53.07 KB-STORAGE ROOM LIGHT-HOMEDEPOTUS BANK PURCHASING CARD PROGRAM 15.06 KB-SECOND FLOOR GARBAGE DISPOSAL-HOMEDEPOTUS BANK PURCHASING CARD PROGRAM 149.77 8/15-9/19/22 MTR#8510 CITY HALL WATER SRVMOULTON NIGUEL WATER DIST 161.10 8/15-9/19/22 MTR#6010 CITY HALL WATER SRVMOULTON NIGUEL WATER DIST 183.51 8/15-9/19/22 MTR#7051 CITY HALL WATER SRVMOULTON NIGUEL WATER DIST 326.44 OCT'22 CITY HALL HOA FEESPACIFIC PARK II ASSOCIATION 347.27 SEP'22 MTR#6544 CITY HALL GAS SERVICETHE GAS COMPANY 168.36 SEP'22 ACCT#7189 CITY HALL ELECTRICITYSO CAL EDISON 9,151.56 NON-DEPARTMENTAL TOTAL: 17,150.48
GEN. FD-CITY HALL TOTAL: 17,150.48
103 - GF-AV RECREATION SERVICES

RECREATION SERVICES
8/6-9/5/22 AVR AT&T ALARM/POT LINESAT&T 956.40
9/6-10/5/22 AVR AT&T ALARM/POT LINESAT&T 953.03
9/24 AVR DRY CLEANING SERVICESPRESS-TIGE ENTERPRISES INC 399.17 OCT'22-AVR-CASH COURIER SERVICEGARDAWORLD 463.28
SEP'22 AV RANCH JANITORIAL SERVICESTEAM ONE MANAGEMENT SERVICES 5,380.00 AUG'22-4 REC PHONE LINESAT&T 179.28
AUG'22 REC TABLETSAT&T 40.24
JUL'22 ACCESS CONTROL - AV CTR & AQ CTRSONITROL ORANGE COUNTY LLC 113.56 JUL'22 ACCESS CONTROL - AVRSONITROL ORANGE COUNTY LLC 485.78 AUG'22 ACCESS CONTROL - AVRSONITROL ORANGE COUNTY LLC 485.78 AUG'22 ACCESS CONTROL - AV CTR & AQ CTRSONITROL ORANGE COUNTY LLC 113.56 SEP'22 ACCESS CONTROL - AV CTR & AQ CTRSONITROL ORANGE COUNTY LLC 113.56 SEP'22 ACCESS CONTROL - AVR/AVC/AVQSONITROL ORANGE COUNTY LLC 485.78 OCT'22 ACCESS CONTROL - AVRSONITROL ORANGE COUNTY LLC 485.78 OCT'22 ACCESS CONTROL - AV CTR & AQ CTRSONITROL ORANGE COUNTY LLC 113.56 SEP'22 AVR EVENT SECURITY SERVICESLYONS SECURITY SERVICE IN 3,780.00 7/5-7/22/22 AVMS FACILITY PERMIT#13505CAPISTRANO UNIFIED SCHOOL DISTRICT 652.68 7/11-7/15/22 AVMS FACILITY PERMIT#13506CAPISTRANO UNIFIED SCHOOL DISTRICT 233.10 7/5-7/8/22 AVMS FACILITY PERMIT#13511CAPISTRANO UNIFIED SCHOOL DISTRICT 21.00 7/18-7/22/22 AVMS FACILITY PERMIT#13512CAPISTRANO UNIFIED SCHOOL DISTRICT 56.25 7/25-7/29/22 AVMS FACILITY PERMIT#13513CAPISTRANO UNIFIED SCHOOL DISTRICT 26.25 7/5-7/8/22 AVMS FACILITY PERMIT#13518CAPISTRANO UNIFIED SCHOOL DISTRICT 127.72 7/5-7/8/22 AVMS FACILITY PERMIT#13523CAPISTRANO UNIFIED SCHOOL DISTRICT 71.20 7/18-7/22/22 AVMS FACILITY PERMIT#13524CAPISTRANO UNIFIED SCHOOL DISTRICT 89.00 7/11-7/14/22 ALISO NIGUEL HS FACILITY PERMIT#13536CAPISTRANO UNIFIED SCHOOL DISTRICT 64.56 20 Description (Item)Vendor Name Amount
7/11-7/14/22 ALISO NIGUEL HS FACILITY PERMIT#13538CAPISTRANO UNIFIED SCHOOL DISTRICT 62.32 SEP'22 AV RANCH LIGHTING MAINTPEAK LIGHTING & ELECTRIC INC 209.13 JUL'22 CUSD TRANSPORTATION -SUMMER CAMP EXCURSIONSCAPISTRANO UNIFIED SCHOOL DISTRICT 4,106.25 SEP'22 AV RANCH LANDSCAPINGNIEVES LANDSCAPE INC 2,262.67 FALL 2022-AFS121 DOG TRAINING -11 PARTICIPANTSCLICKSTART DOG TRAINING ACADEMY, LLC 1,782.00 KB-AVR WOOD BEAM CONCRETE PLYWOOD-HOMEDEPOTUS BANK PURCHASING CARD PROGRAM 110.17 KB-AVR MISC HARDWARE -DENAULT'SUS BANK PURCHASING CARD PROGRAM 7.97 KB-AVR MISC HARDWARE-DENAULT'S HARDWAREUS BANK PURCHASING CARD PROGRAM 8.80 KB-AVR WOOD POST BEAM REPLACEMENT-ORANGE COASTUS BANK PURCHASING CARD PROGRAM 556.33 KB-AVR TAP AND DYE SET-HARBOR FREIGHT TOOLSUS BANK PURCHASING CARD PROGRAM 46.32 NL-PONCHOS RAIN PREVENTION-AMAZONUS BANK PURCHASING CARD PROGRAM 28.00 NL-ICE SCOOPER-AMAZONUS BANK PURCHASING CARD PROGRAM 22.62 LM-CLOTH TOWELS - SUPPLIESUS BANK PURCHASING CARD PROGRAM 23.66 NL-STORAGE CONTAINER-AMAZONUS BANK PURCHASING CARD PROGRAM 15.46 NL-LEG COVERS RAIN PREVENTION-AMAZONUS BANK PURCHASING CARD PROGRAM 19.38 NL-HOSE NOSEL-AMAZONUS BANK PURCHASING CARD PROGRAM 22.41 NL-HOSE CART-AMAZONUS BANK PURCHASING CARD PROGRAM 215.49 FALL 2022-AFS023 PLAYBALL-6 PARTICIPANTSOC PLAYBALL EPC 288.00 FALL2022-AFS264/262/260 MUSIC-20 PARTICIPANTSJENNIFER BALES 1,284.00 FALL2022 - AFS021/017/019 TUMBLE-N-KIDS-17 PARTTUMBLE-N-KIDS, INC 990.00 FALL 2022-AFS138/142/184/188 LINE DANCIN-21 PARTCAROLYN WOJCIECHOWSKI 348.00 RCS OFFICE SUPPLIESSTAPLES ADVANTAGE 226.81
AVR DIGITAL SIGNANGE DESCRIPTION RENEWALREACH SPORTS MARKETING GROUP 425.00 FALL 2022-AFS105/102/099/029 TENNIS- 22 PARTJOHN DAVID ALLEN JR 619.20 FALL 2022-AFS252 PAINT PASTE & POUR-14 PARTRACHEL M WESTFALL 420.00 AUG'22 AV RANCH-FIBERGLASS STEPLADDERW W GRAINGER INC 1,658.64 8/15-9/19/22 MTR #0819 AV RANCH WATER SRVMOULTON NIGUEL WATER DIST 154.72 8/22-9/26/22 MTR#1100 AV RANCH WATER SRVMOULTON NIGUEL WATER DIST 204.19 8/15-9/19/22 MTR#5356 AV RANCH WATER SRVMOULTON NIGUEL WATER DIST 326.44 8/15-9/19/22 MTR#7892/6534 AV RANCH WATER SRVMOULTON NIGUEL WATER DIST 612.39 8/22-9/26/22 MTR #0958 AV RANCH WATER SERVICEMOULTON NIGUEL WATER DIST 351.24 8/15-9/19/22 MTR #0973 AV RANCH WATER SERVICEMOULTON NIGUEL WATER DIST 85.56 OCT'22 AVR GOTO VOIP SERVICE & SUPPORTGOTO COMMUNICATIONS 675.78 9/23-10/22/22- AVR - LICENSES & SUPPORTTANGENT COMPUTERS INC 425.53 SEP'22 ACCT#4551 THE FARM ELECTRICITYSO CAL EDISON 971.56 SEP'22 ACCT#6247 AV RANCH TRACKED CHARGESSO CAL EDISON 1,384.14 SEP'22 ACCT#6247 AV RANCH ELECTRICITYSO CAL EDISON 4,709.64 RECREATION SERVICES TOTAL: 41,550.34
GF-AV RECREATION SERVICES TOTAL: 41,550.34
203 - GAS TAX

TRAFFIC ENGINEERING
SEP'22 TRAFFIC SIGNAL MONITORINGHARTZOG & CRABILL INC 1,882.71 AUG'22 PAVEMENT EVALUATION PHASE IIGMU GEOTECHNICAL INC 7,492.30 TRAFFIC ENGINEERING TOTAL: 9,375.01

STREET MAINTENANCE
SEP'22 STREET MAINTENANCE (GAS)PV MAINTENANCE INC 35,666.01 SEP'22 STREET SWEEPING SERVICESR F DICKSON CO INC 8,668.66 SEP'22 MEDIANS LANDSCAPINGNIEVES LANDSCAPE INC 1,586.00 8/9-9/12/22 MTR #5675 CALLE CORTEZ WATER SERVICEEL TORO WATER DISTRICT 119.29 OCT'22 DATABASE MAINTENANCE &36 TICKETSUNDERGROUND SERVICE ALERT OF SOUTHERN CA 73.00 8/22-9/26/22 MTR #8838 MEDIANS WATER SRVMOULTON NIGUEL WATER DIST 231.91 8/22-9/26/22 MTR#6544 MEDIANS WATER SRVMOULTON NIGUEL WATER DIST 378.95 8/22-9/26/22 MTR #2066 MEDIANS WATER SRVMOULTON NIGUEL WATER DIST 488.95 AUG'22 ACCT#6953 ST LGHTS & TRAFFIC CONTROLLERSSAN DIEGO GAS & ELECTRIC 2,068.06 SEP'22 STREET LIGHTS LS2 ELECTRICITYSO CAL EDISON 1,106.04 SEP'22 STREET LIGHTS LS1 ELECTRICITYSO CAL EDISON 15,303.64 SEP'22 STREET LIGHTS TC1 ELECTRICITYSO CAL EDISON 3,588.72 STREET MAINTENANCE TOTAL: 69,279.23
GAS TAX TOTAL: 78,654.24
21 Description (Item)Vendor Name Amount
215 - PUBLIC SAFETY GRANTS

LAW ENFORCEMENT-OTHER
JUN'22 AFISCOUNTY OF ORANGE 1,958.00
SEP'22 AFISCOUNTY OF ORANGE 1,904.00
OCT'22 E CITATION REPLACEMENT COSTSCOUNTY OF ORANGE 91.82 OCT'22 MDC RECURRINGCOUNTY OF ORANGE 4,043.58
OCT'22 MDC REPLACEMENTCOUNTY OF ORANGE 1,550.49
OCT'22 E CITATION RECURRING COSTSCOUNTY OF ORANGE 291.45 OCT'22 MOTORCYCLE REPLACEMENT COSTSCOUNTY OF ORANGE 65.92 LAW ENFORCEMENT-OTHER TOTAL: 9,905.26
PUBLIC SAFETY GRANTS TOTAL: 9,905.26
241 - TECHNOLOGY FUND

GEN-TECHNOLOGY GRANTS
OCT-DEC'22 GRANICUS STREAMINGGRANICUS INC 2,314.27
SEP'22 CC MTGS/ADMIN & SITE VISITSERIC WINTER 1,142.27
GEN-TECHNOLOGY GRANTS TOTAL: 3,456.54
TECHNOLOGY FUND TOTAL: 3,456.54
245 - DEVELOPMENT IMPACT

GEN-DEVELOPMENT IMPACT
SEP'22 38 COLONIAL WAY RE-KEYING PO#5811ENTRY CONTROL, INC 167.24 GEN-DEVELOPMENT IMPACT TOTAL: 167.24
DEVELOPMENT IMPACT TOTAL: 167.24
261 - CITY FAC.-AQUATIC CENTER

GEN-AQUATIC CENTER
9/19-10/18/22 ACCT#6701-AQ CTR INTERNETCOX COMMUNICATIONS, INC 497.36 OCT'22 -AQ CTR-CASH COURIER SERVICEGARDAWORLD 463.27
SEP'22 AQ CTR BACKFLOW CERTIFICATIONSIERRA ANALYTICAL LABS INC 530.00 SEP'22 AQ CTR LIGHTING MAINTPEAK LIGHTING & ELECTRIC INC 161.37 9/28/22 AQ CTR HVAC PREVENTIVE MAINTHARBOR POINTE AIR CONDITIONING & CONTROL SYSTEMS, INC 248.89 SEP'22 AQ CTR LANDSCAPINGNIEVES LANDSCAPE INC 912.48
KB-AQ CTR KID POOL FLOAT PVC HOUSING-HOMEDEPOTUS BANK PURCHASING CARD PROGRAM 20.34 KB-HOWER VALVE WOMENS LOCKER ROOM-HIRSCH PIPESUS BANK PURCHASING CARD PROGRAM 71.03 KB-AQ CTR DOORS SWEEPS FOR LOCKER ROOM-HOMEDEPOTUS BANK PURCHASING CARD PROGRAM 88.44 KB-AQ CTR KID POOL FLOAT SENSOR-SCP DISTRIBUTORSUS BANK PURCHASING CARD PROGRAM 141.12 KB-AQ CTR SAND FILTER KID POOL-SCP DISTRIBUTORSUS BANK PURCHASING CARD PROGRAM 1,207.91 KB-AQ CTR FILTER GASKET SCP DISTRIBUTORSUS BANK PURCHASING CARD PROGRAM 6.31 KB-SHIPPING FOR KID POOL FLOAT-SCP DISTRIBUTORSUS BANK PURCHASING CARD PROGRAM 11.36 SEP'22 AQ CTR POOL CHEMICAL MAINTENANCEHASA INC 2,155.48 SEP'22 AQ CTR POOL CHEMICAL-MURIATIC ACIDHASA INC 457.20 8/15-9/19/22 MTR #6054 AQ CTR WATER SERVICEMOULTON NIGUEL WATER DIST 479.73 8/15-9/18/22 MTR#2996 AQ CTR WATER SRVMOULTON NIGUEL WATER DIST 226.69 SEP'22 MTR#2349 AQ CTR GAS SERVICETHE GAS COMPANY 3,029.26 GEN-AQUATIC CENTER TOTAL: 10,708.24
CITY FAC.-AQUATIC CENTER TOTAL: 10,708.24
311 - STREET IMPROVEMENTS

TRAFFICE SAFETY
SEP'22 #130 ALISO CREEK TRAFFIC SIGNAL SYNCHARTZOG & CRABILL INC 1,312.50 TRAFFICE SAFETY TOTAL: 1,312.50

STREETS & HIGHWAYS
SEP'22 #136 ALISO CREEK RD REHAB-3 LOOPSRJ NOBLE COMPANY 900.00 AUG'22 ALISO CREEK RD REHAB- WOLVERINE/ALICIACIVIL SOURCE, AN NV5 COMPANY 260.00 AUG'22 #135 SLURRY SEAL INSPECTION SERVICESCIVIL SOURCE, AN NV5 COMPANY 23,927.50 STREETS & HIGHWAYS TOTAL: 25,087.50
STREET IMPROVEMENTS TOTAL: 26,400.00
22 Description (Item)Vendor Name Amount
332 - STORM WATER

DRAINAGE IMPROVEMENTS
SEP'22 #091 DAIRY FORK MAINTENANCEPV MAINTENANCE INC 1,896.00 DRAINAGE IMPROVEMENTS TOTAL: 1,896.00
STORM WATER TOTAL: 1,896.00
741 - RENEWABLE FARMS
SEP'22 RENEWABLE FARMS-RETENTION PAYMENTAARON FLORA (2,830.80) -2,830.80

RECREATION SERVICES
SEP'22 RENEWABLE FARMS-PAYMENTAARON FLORA 28,308.00
FY21-22 TRUE UP ADJUSTMENTAARON FLORA (2,589.52)
RECREATION SERVICES TOTAL: 25,718.48
RENEWABLE FARMS TOTAL: 22,887.68
GRAND TOTAL: 1,214,714.35
23 -1-
City of Aliso Viejo

AGENDA ITEM
DATE: November 2, 2022
TO: Mayor and City Council
FROM: Scott C. Smith, City Attorney
SUBJECT: DESIGNATION OF PRIVATELY OWNED PARKS AS CITY “DESIGNATED PARKS” PURSUANT TO ALISO VIEJO MUNICIPAL CODE CHAPTER

11.10 Recommended Action:

Adopt a Resolution entitled:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALISO VIEJO,

CALIFORNIA, ADOPTED PURSUANT TO ALISO VIEJO MUNICIPAL CODE CHAPTER 11.10 TO MAKE CERTAIN PRIVATELY OWNED PARKS SUBJECT TO THE PROVISIONS OF MUNICIPAL CODE CHAPTER 11.10 (PARKS).

Fiscal Impact:

None.

Background:

The County of Orange (“County”), the City’s predecessor, adopted pre-incorporation resolutions designating certain parks within the City as areas in which those park regulations then set forth in Article 9 of Division 5 of Title 2 of the Codified Ordinances of the County of Orange would apply. Pursuant to Ordinance No. 2001-018, the City of Aliso Viejo (the “City”) adopted Article 9 of Division 5 of Title 2 of the Codified Ordinances of the County of Orange. Pursuant to Resolution No. 2005-039, the City Council of the City of Aliso Viejo previously added certain privately owned parks to the list of parks that the Orange County Sheriff may patrol in the City.

Since that time, the City of Aliso Viejo (the “City”) has adopted its own procedures for the designation of private parks, codified under Aliso Viejo Municipal Code section

11.10.010(A). Chapter 11.10 (Parks) of Title 11 (Parks and Public Places) of the Aliso Viejo Municipal Code (the “Municipal Code”) sets forth various regulations enacted to provide for the orderly use and control of designated parks within the City so as to achieve the maximum safety and benefit to the public.
24

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Pursuant to Municipal Code Section 11.10.010(A), these regulations can be made to apply to certain privately owned parks when the following conditions have been met as to each private park: (1) all of the owner(s) of the private park have consented in writing to the application of Chapter 11.10 to the park and have recommended in writing hours for the park to be open and speed limit(s) for any parking areas, roadways, and streets within the park; (2) the police department (the Sheriff) has given approval in writing to the application of Chapter 11.10 in the park and has recommended in writing hours for the park to be open and a speed limit(s) for any parking areas, roadways, and streets within the park; (3) the City Council, by resolution, has designated the park as an area in which the provisions of Chapter 11.10 will apply and has established hours during which the park will be open and speed limit(s) for any parking areas, roadways, and streets within the park; and (4) the consenting owner or operator of the park has properly posted notice of these provisions.

To date, no single enactment of the City Council sets forth all designated parks within the City. The adoption of a resolution designating those parks that have already been designated is not strictly required. However, some of the original resolutions were made by the County prior to the City’s incorporation, and staff and Sheriff wish to make it clear to the public and to the courts that each of the listed private parks within the City is a “designated park” subject to the Municipal Code. This would ensure that anyone who wanted to verify whether the parks are subject to the Code could refer to this single, updated Resolution, which should boost public awareness and aid enforcement.

Discussion:

The Aliso Viejo Community Association (“AVCA”), which owns the private parks in question, has submitted several written requests to extend the application of Chapter

11.10 to its parks within the City (the “Parks,” a list of which is attached to the Resolution as Exhibit “A”) pursuant to the above-outlined process, and has recommended hours of operation and applicable speed limits (a copy is attached to the Resolution as Exhibit “B”).

The Orange County Sheriff’s Department, which serves as the contract police department for the City, has consented in writing to enforce Chapter 11.10 in the Parks and has recommended hours of operation and applicable speed limits (a copy of which is attached to the Resolution as Exhibit “C”).

In order for the Municipal Code’s Chapter 11.10 to apply to the Parks, the City Council must, by resolution, designate each park as an area in which those provisions will apply and must further establish the hours during which the Parks will be open and the speed limit(s) for any parking areas, roadways, and streets within the Parks.

Public Notice:

This item was publicly noticed in accordance with the City’s normal agenda procedures. 25

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Attachments:

1. Resolution
 Exhibit A – List of AVCA-Owned Private Parks Requested by AVCA to be Subject to Enforcement Under AVMC Chapter 11.10
 Exhibit B – October 21, 2022, Letter from Marilyn Smith, AVCA General Manager  Exhibit C – October 26, 2022, Memo from Orange County Sheriff’s Department Captain S. Merrill
26

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RESOLUTION NO. ____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALISO

VIEJO, CALIFORNIA, ADOPTED PURSUANT TO ALISO VIEJO
MUNICIPAL CODE CHAPTER 11.10 TO MAKE CERTAIN PRIVATELY

OWNED PARKS SUBJECT TO THE PROVISIONS OF MUNICIPAL
CODE CHAPTER 11.10 (PARKS)
WHEREAS, the County of Orange (“County”), the City’s predecessor, previously adopted resolutions designating certain parks within the City as areas in which those park regulations then set forth in Article 9 of Division 5 of Title 2 of the Codified Ordinances of the County of Orange would apply; and
WHEREAS, pursuant to Ordinance No. 2001-018, the City of Aliso Viejo (the “City”) adopted Article 9 of Division 5 of Title 2 of the Codified Ordinances of the County of Orange; and
WHEREAS, pursuant to Resolution No. 2005-039, the City Council of the City of Aliso Viejo previously added certain privately owned parks to the list of parks that the Orange County Sheriff may patrol in the City; and
WHEREAS, since that time, the City of Aliso Viejo (the “City”) has adopted its own procedures for the designation of private parks; and
WHEREAS, Chapter 11.10 (Parks) of Title 11 (Parks and Public Places) of the Aliso Viejo Municipal Code (the “Municipal Code”) sets forth various regulations enacted to provide for the orderly use and control of designated parks within the City so as to achieve the maximum safety and benefit to the public; and
WHEREAS, pursuant to Municipal Code Section 11.10.010(A), these regulations can be made to apply to certain privately owned parks when the following conditions have been met as to each private park: (1) all of the owner(s) of the private park have consented in writing to the application of Chapter 11.10 to the park and have recommended in writing hours for the park to be open and speed limit(s) for any parking areas, roadways, and streets within the park; (2) the police department (the Sheriff) has given approval in writing to the application of Chapter 11.10 in the park and has recommended in writing hours for the park to be open and a speed limit(s) for any parking areas, roadways, and streets within the park; (3) the City Council, by resolution, has designated the park as an area in which the provisions of Chapter 11.10 will apply and has established hours during which the park will be open and speed limit(s) for any parking areas, roadways, and streets within the park; and (4) the consenting owner or operator of the park has properly posted notice of these provisions; and
WHEREAS, Aliso Viejo Community Association (“AVCA”) has submitted several written requests to extend the application of Chapter 11.10 to its privately held parks within the City (the “Parks,” a list of which is attached hereto and incorporated herein as Exhibit “A”) 27

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pursuant to the above-outlined process, and has recommended hours of operation and applicable speed limits (a copy of which is attached hereto and incorporated herein as Exhibit “B”); and
WHEREAS, the Orange County Sheriff’s Department, which serves as the contract police department for the City, has consented in writing to enforce Chapter 11.10 in the Parks and has recommended hours of operation and applicable speed limits (a copy of which is attached hereto and incorporated herein as Exhibit “C”); and WHEREAS, in order for the Municipal Code’s Chapter 11.10 to apply to the Parks, the City Council must, by resolution, designate each park as an area in which those provisions will apply and must further establish the hours during which the Parks will be open and the speed limit(s) for any parking areas, roadways, and streets within the Parks; and WHEREAS, all the legal prerequisites to the adoption of this Resolution have occurred; and
WHEREAS, the City desires to clarify the application of Chapter 11.10 of its Municipal Code to those Parks listed in Exhibit “A.”

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ALISO VIEJO DOES HEREBY RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:

SECTION 1. Recitals. The above recitals are incorporated herein by reference.

SECTION 2. CEQA Compliance. The City hereby finds and determines that this Resolution is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.

SECTION 3. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Resolution for any reason is held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Resolution. The City Council hereby declares that it would have adopted this Resolution, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.

SECTION 4. Notice of Exemption. Within five (5) working days after the passage and adoption of this Resolution, the City Council hereby authorizes and directs staff to prepare, execute and file with the Orange County Clerk a Notice of Exemption for the approval.
28

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SECTION 5. Designation. Pursuant to Section 11.10.010(A)(1)(c), the City Council hereby designates the privately owned Parks listed in Exhibit “A” to this Resolution as park areas to which the provisions of Chapter 11.10 of the Aliso Viejo Municipal Code will apply.

SECTION 6. Hours of Operation. All of the designated Parks listed in Exhibit “A” will be open from 6:00 a.m. to 10:00 p.m.

SECTION 7. Speed Limit. The speed limit(s) in all the parking areas, roadways, and streets within the Parks, if any, is established at ten (10) miles per hour.

SECTION 8. Signage to be Posted. The park regulations set forth in Chapter 11.10 of the Aliso Viejo Municipal Code will apply to the designated Parks listed in Exhibit “A” only after AVCA causes to be posted at the entrance(s) to each a prominent sign indicating that the provisions of Chapter 11.10 of the Aliso Viejo Municipal Code will be enforced in such Parks. Such signs shall also display the hours each Park is open, as established by this Resolution.

SECTION 9. No Effect on Prior Enactments. This Resolution does not limit, repeal, or modify the findings and determinations of the City as previously set forth in Ordinance No. 2001-018 nor Resolution No. 2005-039. The City Council hereby declares that this Resolution is intended only to clarify and add to the list of privately owned parks subject to Chapter 11.10 of the Municipal Code.

SECTION 10. Certification. The City Clerk shall certify the adoption of this Resolution.

SECTION 11. Effective Date. This Resolution shall become effective upon its adoption.

PASSED, APPROVED AND ADOPTED this 2nd day of November, 2022. __________________________
Ross Chun
Mayor
APPROVED AS TO FORM: ATTEST:

__________________________ __________________________
Scott C. Smith, City Attorney Mitzi Ortiz, MMC, City Clerk 29

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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.

CITY OF ALISO VIEJO )
I, MITZI ORTIZ, City Clerk of the City of Aliso Viejo, California, DO HEREBY CERTIFY that the foregoing is the original of Resolution No. 2022-____ was duly passed and adopted by the City Council of the City of Aliso Viejo at their regular meeting held on the 2nd day of November, 2022, by the following roll call vote, to wit:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:
___________________________

MITZI ORTIZ, MMC

CITY CLERK
(SEAL)
30

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EXHIBIT “A”

LIST OF AVCA-OWNED PRIVATE PARKS REQUESTED BY AVCA TO BE SUBJECT TO ENFORCEMENT UNDER AVMC CHAPTER 11.10

1. ACORN PARK
Acorn Park is located at 22705 Sanborn, Aliso Viejo, CA 92656.

2. ALISO CANYON COMMUNITY PARK
Aliso Canyon Community Park is located at 23431 Knollwood, Aliso Viejo, CA 92656.

3. ALISO VIEJO COMMUNITY PARK
Aliso Viejo Community Park is located at 150 Cedarbrook, Aliso Viejo, CA 92656.

4. ARGONAUT PARK
Argonaut Park is located at Argonaut Park, Aliso Creek Rd, Aliso Viejo, CA 92656.

5. BROOKLINE PARK
Brookline Park is located at 15 Brookline, Aliso Viejo, CA 92656.

6. CANYON VIEW PARK
Canyon View Park is located at 22144 Canyon Vistas, Aliso Viejo, CA 92656.

7. CREEKSIDE PARK
Creekside Park is located at Creekside Park, Aliso Viejo, CA 92656.

8. CRESTVIEW PARK
Crestview Park is located at Crestview Park, Aliso Viejo, CA 92656.

9. FOXBOROUGH PARK
Foxborough Park is located at 27101-27199, Foxborough, Aliso Viejo, CA 92656.

10. GLENBROOK PARK
Glenbrook Park is located along that certain unnamed road intersecting Briarglen in Aliso Viejo, CA 92656.

11. GRAND PARK
Grand Park is located at 6101 City Lights Dr, Aliso Viejo, CA 92656. 31

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12. HILLVIEW PARK
Hillview Park is located at 28000 Wolverine Way, Aliso Viejo, CA 92656.

13. HUMMINGBIRD PARK
Hummingbird Park is located at 21933 Aliso Creek Rd, Aliso Viejo, CA 92656.

14. OAK PARK
Oak Park is located at Boundary Oak, Aliso Viejo, CA 92656.

15. PINEWOOD PARK
Pinewood Park is located at Pinewood Park, Aliso Viejo, CA 92656.

16. RIDGECREST PARK
Ridgecrest Park is located at Eastwing & Aliso Creek Road, Aliso Viejo, CA 92656.

17. SPRINGDALE PARK
Springdale Park is located at Springdale Park, Aliso Viejo, CA 92656.

18. WESTRIDGE PARK
Westridge Park is located at 75 Oak View Dr, Aliso Viejo, CA 92656.

19. WINGSPAN PARK
Wingspan Park is located at 25445 Eastwing, Aliso Viejo, CA 92656.

20. WOODFIELD PARK
Woodfield Park is located at 26812 Woodfield, Aliso Viejo, CA 92656. 32

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EXHIBIT “B”
OCTOBER 21, 2022 LETTER FROM MARILYN SMITH, AVCA GENERAL MANAGER 33

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EXHIBIT “C”
OCTOBER 26, 2022 MEMO FROM ORANGE COUNTY SHERIFF’S DEPARTMENT CAPTAIN S. MERRILL
35

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36 City of Aliso Viejo

AGENDA ITEM
DATE: November 2, 2022
TO: Mayor and City Council
FROM: Mitzi Ortiz, Director of Government Services
SUBJECT: CONFLICT OF INTEREST CODE BIENNIAL REVIEW AND AMENDMENT Recommended Action:

Adopt a Resolution approving the amended Conflict of Interest Code, pursuant to the Political Reform Act, section 87303.

Fiscal Impact:

None.

Background:

The Political Reform Act of 1974, Government Code section 81000, et seq. (the “Act”), requires all public agencies to adopt and maintain a conflict of interest code.

The City of Aliso Viejo adopted a Conflict of Interest Code (“Code”) in 2001, which consists of standard provisions contained in Section 18730 of Title 2 of the California Code of Regulations, adopted by the Fair Political Practices Commission (“FPPC”), as amended. The Code also designates City officials, officers, employees, members, and consultants who make or participate in making governmental decisions which may affect their financial interests, who must disclose those interests in certain financial disclosure statements, and who must disqualify themselves from making or participating in the making of governmental decisions affecting those interests.

The Act further requires the City Council, as the code-reviewing body, to direct staff to review the Code by July 1 of each even-numbered year (Sections 87306 and 87306.5).

Staff must then submit a biennial notice to Council indicating whether amendments are needed. If so, the amended Code is to be prepared and submitted to the City Council for approval by resolution.

Discussion:

Pursuant to the Political Reform Act (the “Act”), on June 15, 2022, the City Council directed staff to: (1) conduct a review of the City’s Conflict of Interest Code (“Code”) to 37

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determine if a change in the Code was necessary, and (2) file a biennial notice regarding the results of the review on or before October 3.

During the review process, staff found that amendments to the City’s Conflict of Interest Code are necessary. A redlined version of the proposed amended Code is attached showing the revisions made. The proposed revisions are based on the need to designate new positions and revise the titles of existing positions:

Current Title Former Title
Director of Financial Services/City Treasurer Director of Financial Services Accounting Supervisor Newly Added
Human Resources Analyst Newly Added
Streets Supervisor Newly Added
System Administrator Newly Added
A copy of the 2022 Local Agency Biennial Notice is attached, which indicates the types of amendments that are necessary. Government Code section 87303 provides that no code or amendment to a code shall be effective until it has been approved by the code- reviewing body. The amended Conflict of Interest Code will become effective immediately upon City Council approval of the attached resolution.

Attachments:

1. Resolution

2. Conflict of Interest Code (redlined)

3. 2022 Biennial Notice
38 60367.01100\40795810.1

Page 1 of 2 ends

RESOLUTION NO. 2022- ________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALISO

VIEJO, CALIFORNIA, APPROVING AND ADOPTING AN AMENDED

CONFLICT OF INTEREST CODE PURSUANT TO THE POLITICAL
REFORM ACT OF 1974
WHEREAS, the Legislature of the State of California enacted the Political Reform Act of 1974, Government Code Section 81000 et seq. (the "Act"), which contains provisions relating to conflicts of interest which potentially affect all officers, employees and consultants of the City of Aliso Viejo (the "City") and which requires all public agencies to adopt and promulgate a conflict of interest code; and WHEREAS, the City Council adopted a Conflict of Interest Code (the “Code”) which was amended on October 7, 2020, in compliance with the Act; and WHEREAS, subsequent changed circumstances within the City have made it advisable and necessary pursuant to Sections 87306 and 87307 of the Act to amend and update the City’s Code; and
WHEREAS, the potential penalties for violation of the provisions of the Act are substantial and may include criminal and civil liability, as well as equitable relief which could result in the City being restrained or prevented from acting in cases where the provisions of the Act may have been violated; and
WHEREAS, notice of the time and place of a public meeting on, and of consideration by the City Council of, the proposed amended Code was provided each affected designated employee and publicly posted for review; and WHEREAS, a public meeting was held upon the proposed amended Appendix at a regular meeting of the City Council on November 16, 2022, at which all present were given an opportunity to be heard on the proposed amended Code.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ALISO VIEJO,

CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

Section 1. The City Council does hereby approve and adopt the proposed amended Conflict of Interest Code, a copy of which is attached hereto and shall be on file with the City Clerk, and available to the public for inspection and copying during regular business hours;
Section 2. The said amended Conflict of Interest Code shall become effective immediately upon its adoption and approval.
39 60367.01100\40795810.1

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PASSED, APPROVED AND ADOPTED this 2nd day of November, 2022. __________________________
Ross Chun
Mayor
APPROVED AS TO FORM: ATTEST:

__________________________ __________________________
Scott C. Smith, City Attorney Mitzi Ortiz, MMC, City Clerk 40 60367.01100\40748093.2
BBK September 2020- October 2022

LAW OFFICES OF

BEST BEST & KRIEGER LLP

CONFLICT OF INTEREST CODE FOR THE

CITY OF ALISO VIEJO
(Amended October 7, 2020 November 2, 2022)
The Political Reform Act (Gov. Code § 81000, et seq.) requires state and local government agencies to adopt and promulgate conflict of interest codes. The Fair Political Practices Commission has adopted a regulation (2 Cal. Code Regs. § 18730) that contains the terms of a standard conflict of interest code, which can be incorporated by reference in an agency’s code. After public notice and hearing Regulation 18730 may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act.

Therefore, the terms of 2 California Code of Regulations section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference. This incorporation page, Regulation 18730 and the attached Appendix designating positions and establishing disclosure categories, shall constitute the conflict of interest code of the City of Aliso Viejo (the “City”).

The Mayor, Members of the City Council and Planning Commission, the City Manager, the City Attorney and the City Treasurer, shall electronically file their annual statements of economic interests directly with the Fair Political Practices Commission. All other officials and designated positions shall file their statements with the City Clerk as the City’s Filing Officer. The City Clerk shall retain the original statements filed by all other officials and designated positions and make all retained statements available for public inspection and reproduction during regular business hours. (Gov. Code § 81008.) 41 60367.01100\40748093.2 App. A-1 BBK September 2020- October 2022

LAW OFFICES OF

BEST BEST & KRIEGER LLP

APPENDIX

CONFLICT OF INTEREST CODE
OF THE

CITY OF ALISO VIEJO
(Adopted on October 7, 2020 November 2, 2022)
PART “A”
The Mayor, Members of the City Council and Planning Commission, the City Manager, the City Attorney, the City Treasurer, and all Other City Officials who manage public investments as defined by 2 Cal. Code of Regs. § 18700.3(b), are NOT subject to the City’s Code but must file disclosure statements under Government Code Section 87200 et seq. [Regs. § 18730(b)(3)]

OFFICIALS WHO MANAGE PUBLIC INVESTMENTS
It has been determined that the positions listed below are Other City Officials who manage public investments.1 These positions are listed here for informational purposes only.

Director of Financial Services/City Treasurer
Financial Consultants
1 Individuals holding one of the above-listed positions may contact the Fair Political Practices Commission for assistance or written advice regarding their filing obligations if they believe that their position has been categorized incorrectly. The Fair Political Practices Commission makes the final determination whether a position is covered by § 87200.
42 60367.01100\40748093.2 App. A-2 BBK September 2020- October 2022

LAW OFFICES OF

BEST BEST & KRIEGER LLP

DESIGNATED POSITIONS

GOVERNED BY THE CONFLICT OF INTEREST CODE
DESIGNATED POSITIONS’

TITLE OR FUNCTION

DISCLOSURE CATEGORIES

ASSIGNED
Accountant 4
Accountant/Payroll 4
Accounting Supervisor 4
Administrative Secretary 5
Assistant Planner 2, 6
Associate Engineer 3, 5, 6
Associate Planner 2, 3, 5
Building Inspectors 6
Building Official 5, 6
Chief of Police 5, 6
City Attorney (not filing under Gov Code § 87200) 1, 2
City Clerk 5
Director of Administrative Services 5
Director of Community Development 2, 3, 5, 6
Director of Government Services 5
Director of Public Works 1, 2
Director of Recreation & Community Services 5
Environmental Associate 2, 3, 5, 6
Environmental Programs Manager 2, 3, 5, 6
Executive Assistant 4
43 60367.01100\40748093.2 App. A-3 BBK September 2020- October 2022

LAW OFFICES OF

BEST BEST & KRIEGER LLP
DESIGNATED POSITIONS’

TITLE OR FUNCTION

DISCLOSURE CATEGORIES

ASSIGNED
Facilities Supervisor 2, 3, 5
Financial Analyst 4
Financial Services Manager 1, 2
Human Resources Analyst 5, 7
Human Resources Manager 5, 7
IT Manager 5
Management Analyst 5
Permit Technician 6
Planning Technician 6
Recreation & Community Services Manager 5
Recreation & Community Services Supervisor 5
Recreation Coordinator 5
Recreation Specialist 5
Secretary to the City Manager 5
Senior Accountant 4
Senior Planner 2, 3, 5
Senior Public Works Inspector 2, 3, 5, 6
Streets Supervisor 5
System Administrator 5
44 60367.01100\40748093.2 App. A-4 BBK September 2020- October 2022

LAW OFFICES OF

BEST BEST & KRIEGER LLP
DESIGNATED POSITIONS’

TITLE OR FUNCTION

DISCLOSURE CATEGORIES

ASSIGNED
Consultant and New Positions 2
2 Individuals serving as a consultant as defined in FPPC Reg 18700.3(a) or in a new position created since this Code was last approved that makes or participates in making decisions must file under the broadest disclosure set forth in this Code subject to the following limitation:

The City Manager may determine that, due to the range of duties or contractual obligations, it is more appropriate to assign a limited disclosure requirement. A clear explanation of the duties and a statement of the extent of the disclosure requirements must be in a written document. (Gov. Code Sec. 82019; FPPC Regulations 18219 and 18734.). 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. (Gov.

Code Sec. 81008.)
45 60367.01100\40748093.2 App. B-1 BBK September 2020- October 2022

LAW OFFICES OF

BEST BEST & KRIEGER LLP
PART “B”

DISCLOSURE CATEGORIES
The disclosure categories listed below identify the types of economic interests that the designated position must disclose for each disclosure category to which he or she the designated is assigned. 3 “Investment” means financial interest in any business entity (including a consulting business or other independent contracting business) and are reportable if they are either located in or doing business in the jurisdiction, are planning to do business in the jurisdiction, or have done business during the previous two years in the jurisdiction of the City.

Category 1: All investments and business positions in business entities, and sources of income, including gifts, loans and travel payments.

Category 2: All interests in real property which is located in whole or in part within, or not more than two (2) miles outside, the jurisdiction of the City, including any leasehold, beneficial or ownership interest or option to acquire property.

Category 3: All investments and business positions in business entities, and sources of income, including gifts, loans and travel payments, that are engaged in land development, construction or the acquisition or sale of real property within the jurisdiction of City.

Category 4: All investments and business positions in business entities, and sources of income, including gifts, loans and travel payments, that provide services, products, materials, machinery, vehicles or equipment of a type purchased or leased by the City.

Category 5: All investments and business positions in business entities, and sources of income, including gifts, loans and travel payments, that provide services, products, materials, machinery, vehicles or equipment of a type purchased or leased by the designated position’s department, unit or division.

Category 6: All investments and business positions in business entities, and sources of income, including gifts, loans and travel payments, subject to the regulatory, permit, or licensing authority of the designated position’s department, unit or division.

Category 7: All investments and business positions in business entities, and sources of income, including gifts, loans, and travel payments, if such entities or sources have filed claims against the agency in the past 2 years, or have a claim pending before the City. 3 This Conflict of Interest Code does not require the reporting of gifts from outside this agency’s jurisdiction if the source does not have some connection with or bearing upon the functions or duties of the position. (Reg 18730.1)
46 47
City of Aliso Viejo

AGENDA ITEM
DATE: November 2, 2022
TO: Mayor and City Council
FROM: Elizabeth McCann, Building Official
So Kim, Community Development Director
SUBJECT: ORDINANCE TO ADOPT UPDATED 2022 BUILDING CODES Recommended Actions:

2. Introduce for first reading an Ordinance entitled:

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALISO VIEJO, CALIFORNIA, AMENDING CHAPTERS 13.02 & 13.04 OF TITLE 13 OF THE ALISO

VIEJO MUNICPAL CODE AND ADOPTING BY REFERENCE THE FOLLOWING MODEL CODES INTO THE ALISO VIEJO MUNICIPAL CODE: (1) CALIFORNIA BUILDING CODE, VOLUMES 1 & 2, 2022 EDITION; WITH AMENDMENTS; (2) CALIFORNIA ELECTRICAL CODE, 2022 EDITION; (3) CALIFORNIA PLUMBING CODE, 2022 EDITION; (4) CALIFORNIA MECHANICAL CODE, 2022 EDITION; (5) INTERNATIONAL PROPERTY MAINTENANCE CODE; 2021 EDITION (6) CALIFORNIA ADMINISTRATIVE CODE, 2022 EDITION; (7) CALIFORNIA ENERGY CODE, 2022 EDITION; (8) CALIFORNIA REFERENCED STANDARDS CODE, 2022 EDITION; (9) CALIFORNIA EXISTING BUILDING CODE, 2022 EDITION (10) CALIFORNIA RESIDENTIAL CODE, 2022 EDITION; WITH AMENDMENTS; (11) CALIFORNIA GREEN BUILDING STANDARDS CODE, 2022 EDITION; AND (12) CALIFORNIA FIRE CODE, 2022 EDITION, WITH AMENDMENTS.

Fiscal Impact:

There is no fiscal impact.
48

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Background:

The State of California Building Standards Commission has adopted the triennial edition of the California Code of Regulation, Title 24, which is also known as the 2022 California Building Code Standards Code (“State Code”). The updated State Code pertains to all aspects of construction, including building, plumbing, mechanical and electrical regulations. State law mandates that all California jurisdictions enforce the State Code for new building construction, effective January 1, 2023.

The State Code does not have to be locally adopted to be in effect. However, state law permits local jurisdictions to make modifications, referred to as “local amendments.” Local amendments may be more stringent, but no less than the State Code, based on local climatic, geologic, or topographical conditions. The City has adopted the local amendments during each of the prior triennial code adoption cycles.

Discussion:

The most notable changes of the State Code pertains to setbacks and construction of accessory and other minor structures; energy efficiency; energy storage systems, and Type IV construction, which are reflected in the attached Resolution. In addition to the State Code changes, Staff is proposing the following two local amendments.  AVMC Section 13.02.0135 (Amendments to the California Electrical Code) – Previously a subsection titled California Electrical Code Article 690.13 was adopted as a local amendment pertaining to access and connection for photovoltaic systems. As the State Code now formally addresses this provision, said subsection will be removed.
 AVMC Section 13.02.060 (Amendments to Chapter 1 of the California Building Code) – At the time of City incorporation, County regulations were adopted, one of which requires a building permit for walls and fences 3½ foot or taller. Since that time, state codes have been updated to allow for freestanding fences up to 7 feet in height without permits. However, the City’s code pertaining to freestanding fences and walls were never updated. In light of this inconsistency, Staff is proposing that the permit threshold for freestanding fences and walls be changed from 3 ½ feet to 6 feet to match the City’s planning entitlement threshold. Retaining walls will continue to require a building permit. The proposed change to freestanding fences and walls will be more consistent with the state code and surrounding jurisdictions.

Environmental:

This Ordinance is not a “project” subject to the California Environmental Quality Act (CEQA). The Ordinance does not qualify as a project because it has no potential to result in either a direct, or reasonably foreseeable indirect, physical change in the environment. (State CEQA Guidelines, section 15378(a)). In addition, the Ordinance falls within the 49

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“common sense” exemption set forth in State CEQA Guidelines section 15061(b)(3), which exempts activity from CEQA where “it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” Here, it can be seen with certainty that there is no possibility that the Ordinance may have a significant effect on the environment because the Ordinance simply updates existing building codes in compliance with the California Building Standards Code; and it will not result in any development or in any new activity with the potential to impact the environment. City staff shall cause a Notice of Exemption to be filed as authorized by CEQA and the State CEQA Guidelines.

Attachments:

1. Proposed Ordinance
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ORDINANCE NO. 2022-______

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALISO
VIEJO, CALIFORNIA, AMENDING CHAPTERS 13.02 & 13.04 OF TITLE 13 OF THE ALISO VIEJO MUNICIPAL CODE AND ADOPTING BY

REFERENCE THE FOLLOWING MODEL CODES INTO THE ALISO
VIEJO MUNICIPAL CODE: (1) CALIFORNIA BUILDING CODE,
VOLUMES 1 & 2, 2022 EDITION; WITH AMENDMENTS (2) CALIFORNIA ELECTRICAL CODE, 2022 EDITION; (3) CALIFORNIA PLUMBING
CODE, 2022 EDITION; (4) CALIFORNIA MECHANICAL CODE, 2022 EDITION; (5) INTERNATIONAL PROPERTY MAINTENANCE CODE,
2021 EDITION; (6) CALIFORNIA ADMINISTRATIVE CODE, 2022
EDITION; (7) CALIFORNIA ENERGY CODE, 2022 EDITION; (8)
CALIFORNIA REFERENCED STANDARDS CODE, 2022 EDITION; (9) CALIFORNIA EXISTING BUILDING CODE, 2022 EDITION; (10)
CALIFORNIA RESIDENTIAL CODE, 2022 EDITION, WITH
AMENDMENTS (11) CALIFORNIA GREEN BUILDING STANDARDS
CODE, 2022 EDITION; AND (12) CALIFORNIA FIRE CODE, 2022 EDITION, WITH AMENDMENTS.

WHEREAS, pursuant to California Government Code Section 50022.1 et seq. the City of Aliso Viejo (“City”) may adopt by reference the California Building Standards Code, 2022 Edition as provided in Title 24 of the California Code of Regulations and other model codes; and
WHEREAS, the California Building Standards Commission ("Commission") recently adopted the 2022 Edition of the California Building Standards Code; and WHEREAS, California Health and Safety Code Sections 17958.7 and 18941.5 authorize cities to adopt the California Building Standards Code with modifications determined to be reasonably necessary because of local climatic, geological or topographical conditions; and
WHEREAS, the City desires to adopt the California Building Standards Code and other model codes with the necessary amendments to assure the Codes are tailored to the particular safety needs of the City as required by its unique climatic, geological and topographical conditions; and
WHEREAS, the Fire Marshal and Building Official have recommended that changes and modifications be made to the California Building Standards Code, and have advised that certain changes and modifications to said Code are reasonably necessary due to local conditions within the City of Aliso Viejo, and have further advised that the remainder of the said changes and modifications are of an administrative or procedural nature, or concern themselves with subjects not covered by the Code, or are reasonably necessary to safeguard life and property within the City of Aliso Viejo; and 51

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WHEREAS, the Fire Marshal and Building Official have also recommended that changes and modifications be made to the California Building Standards Code, which are necessary for administrative clarification and to establish administrative standards for the effective enforcement of the building standards of the City of Aliso Viejo and do not modify a building standard pursuant to California Health & Safety Code Sections 17958, 17958.7, and/or 18941.5; and
WHEREAS, the City held a public hearing on November 16, 2022, at which time all interested persons had the opportunity to appear and be heard on the matter of adopting the Codes as amended herein; and
WHEREAS, the City published notice of the aforementioned public hearing pursuant to California Government Code Section 6066 on November 3, 2022 and November 10, 2022; and
WHEREAS, any and all other legal prerequisites relating to the adoption of this Ordinance have occurred.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ALISO VIEJO, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. Authority. The City Council enacts this Ordinance under the authority granted to the City as follows:

A. California Government Code Section 50022 et seq. authorizes the City to adopt by reference the California Building Standards Code and authorizes the City to adopt other uniform codes by reference;
B. California Health & Safety Code Sections 17958.7 and 18941.5 authorize the City to adopt the California Building Standards Code with modifications determined to be reasonably necessary because of local climatic, geological or topographical conditions.

SECTION 2. CEQA. The City Council finds that this Ordinance is exempt from the California Environmental Quality Act ("CEQA") pursuant to Sections 15378(a) and 15061(b)(3) as the activity does not qualify as a project and is covered by the general rule that CEQA applies only to projects which have the potential for causing significant effect on the environment. The City Council finds that the changes in this Ordinance are enacted to mitigate the threats posed to public peace, health and safety from earthquakes, storms, flooding, high winds and fire. Therefore, it can be seen with certainty that adoption of this Ordinance will not have a significant adverse effect on the environment and is therefore exempt from CEQA.

SECTION 3. Findings. After receiving public testimony, reviewing the evidence submitted by staff and discussing the proposed ordinance, the City Council hereby finds that the amendment proposed to the California Building Code, California Residential Code, California Plumbing Code and California Fire Code, 2022 editions herein are supported by the following findings:
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I. Climatic Conditions:

Amendments to Sections 202, 701A.3, 710A.3.2, 710A.4, and 3109F.1 of the 2022 Edition of the California Building Code; Sections R202, R301.2, R337.1.3, and R1001.13 of the 2022 Edition of the California Residential Code; and Sections 1014.1.4 and 1014.1.2 of the 2022 Edition of the California Plumbing Code are reasonably necessary due to the following climatic conditions:

1. Orange County and the City of Aliso Viejo are located in a semi-arid Mediterranean type climate. It annually experiences extended periods of high temperatures with little or no precipitation. The warm climate encourages the proliferation of swimming pool construction which make modifications to the CBC relating to swimming pools desirable to adequately protect small children from drowning hazards. Furthermore, hot, dry (Santa Ana) winds, which may reach speeds of 70 M.P.H. or greater, are also common to the area. These climatic conditions cause extreme drying of vegetation and common building materials. Frequent periods of drought and low humidity add to the fire danger. This predisposes the area to large destructive fires (conflagration). In addition to directly damaging or destroying buildings, these fires are also prone to disrupting utility services throughout the County.

Obstacles generated by a strong wind, such as fallen trees, streetlights and utility poles will greatly impact the response time to reach an incident scene.

Additionally, there is a significant increase in the amount of wind force at 60 feet above the ground. Use of aerial type fire-fighting apparatus above this height would place rescue personnel at increased risk of injury.

2. The climate alternates between extended periods of drought and brief flooding conditions. Flood conditions may affect the Orange County Fire Authority’s (Fire Department) ability to respond to a fire or emergency condition. Floods also disrupt utility services to buildings and facilities within the County.

3. Water demand in this densely populated area far exceeds the quantity supplied by natural precipitation; and although the population continues to grow, the already-taxed water supply does not. California is projected to increase in population by nearly 10 million over the next quarter of a century with 50 percent of that growth centered in Southern California. Due to storage capacities and consumption, and a limited amount of rainfall, future water allocation is not fully dependable. This necessitates the need for additional and on-site fire protection features. It would also leave tall buildings vulnerable to uncontrolled fires due to a lack of available water and the inability to pump sufficient quantities of available water to floors in a fire.

4. These dry climatic conditions and winds contribute to the rapid spread of even small fires originating in high-density housing or vegetation. These fires spread very quickly and create a need for increased levels of fire protection.

The added protection of fire sprinkler systems and other fire protection 53

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methods will supplement normal Fire Department response by providing immediate protection for the building occupants and by containing and controlling the fire spread to the area of origin. Fire sprinkler systems will also reduce the use of water for firefighting by as much as 50 to 75 percent. In addition, untreated wood roofs cause or contribute to serious fire hazard and to the rapid spread of fires when such fires are accompanied by high winds.

Pieces of burning wood roofs are carried by the wind to other locations and spread fire quickly.

II. Topographical Conditions:

Amendments to Sections 710A.3, 710A.3.2, 710A.4, 903.2, 903.2.8, and 903.3.1.1.1 of the 2022 Edition of the California Building Code and Sections R319.1, R337.1.3, and R1001.13 of the 2022 Edition of the California Residential Code are reasonably necessary due to the following topographical conditions:

1. Natural slopes of 15 percent or greater generally occur throughout the foothills of Orange County. The elevation change caused by the hills creates the geological foundation on which communities within Orange County are built and will continue to be built on. With much of the populated flatlands already built upon, future growth will occur in areas with steeper slopes and greater constraints in terrain.

2. Located through the County are major roadways, highways and flood control channels that create barriers and slow response times. Hills, slopes, street and storm drain design, accompanied with occasional heavy rainfall, causes roadway flooding and landslides and at times may make an emergency access route impassable. There are areas in Orange County with extended Fire Department emergency response times that exceed the 5- minute goal.

3. Placement of multiple occupancy buildings, location of arterial roads, and fire department staffing constraints due to recent revenue-limiting state legislation have made it difficult for the fire department to locate additional fire stations and provide manpower sufficient to concentrate fire companies and personnel to control fires in high density apartment or condominium buildings.

Fire Department equipment does not allow easy access to areas of buildings greater than 55 feet above the level of Fire Department vehicle access. These conditions create the need for built-in on-site fire protection systems to protect occupants and property until fire-fighting apparatus and personnel arrive on the scene.

4. These topographical conditions combine to create a situation which places Fire Department response time to fire occurrences at risk and makes it necessary to provide automatic on-site fire-extinguishing systems and other protection measures to protect occupants and property.
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III Geological conditions:

Amendments to Sections R301.2, R301.9, R309.6, R313.1, R313.2, and R313.3.6.2.2 of the 2022 Edition of the California Residential Code are reasonably necessary due to the following geological conditions:

1. Orange County and the City of Aliso Viejo are located in a highly active seismic area. There are earthquake faults that run along both the northeastern and southwestern boundaries of Orange County. The Newport- Inglewood Fault Zone (NIFZ), which runs through Orange County, was the source of the destructive 1933 Long Beach earthquake (6.3 magnitude, hypocenter off Newport Beach coast), which took 120 lives. The quake damaged areas from Laguna Beach to Marina del Rey and inland to Whittier and poses one of the greatest hazards to lives and property in the nation.

Regional planning for reoccurrence is recommended by the State of California, Department of Conservation. There was also an earthquake in December 1989, with the epicenter located near the City of Irvine. The fault on which this quake occurred was unknown prior to this activity. The October 17, 1989, Santa Cruz earthquake resulted in only one major San Francisco fire in the Marina District, but when combined with the 34 other fires and over 500 responses, the Fire Department was taxed to its full capabilities. The Marina District fire was difficult to contain because mains supplying water to the district burst during the earthquake. If more fires had been ignited by the earthquake, it would have been difficult for the fire department to contain them. Experts predict a major earthquake in the Orange County area within the next 50 years. This situation creates the need for both additional fire protection measures and automatic on-site fire protection for building occupants since a multitude of fires may result from breakage of gas and electric lines as a result of an earthquake. As noted by “Planning Scenario on a Major Earthquake on the Newport-Inglewood Fault Zone, 1988, State Department of Conservation,” page 59; “unfortunately, barely meeting the minimum earthquake standards of building codes places a building on the verge of being legally unsafe.”

2. Traffic and circulation congestion presently existing in the City of Aliso Viejo often places fire department response time to fire occurrences at risk.

This condition will be exacerbated by any major disaster, including any earthquake wherein damage to the highway system will occur. This condition makes the need for additional on-site protection for property occupants necessary.

3. The City of Aliso Viejo is located in a seismically active area. The viability of the public water system would be questionable at best after a major seismic event. This would leave tall buildings vulnerable to uncontrolled fires due to a lack of available water and an inability to pump sufficient quantities of any available water to floors above the 55-foot-level. A severe seismic event has the potential to negatively impact any rescue or fire suppression activities 55

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because it is likely to create obstacles similar to those indicated under the high wind section above. With the probability of strong aftershocks there exists a need to provide increased protection for occupants on upper floors.

4. Soils throughout the County possess corrosive properties that reduce the expected usable life of water services when metallic pipes in contact with soils are utilized.

5. Portions of the County contain active or former oil production fields. These areas contain a variety of naturally occurring gasses, liquids and vapors.

These compounds present toxicity or flammability hazards to building occupants. Evaluation of these hazards and the risks they pose to development is necessary to implement appropriate mitigation.

The City Council finds that the following table sets forth the sections of the 2019 Edition of the California Fire Code that have been modified and the associated local climatic, topographical and/or geological conditions described below supporting the modifications.
2022 California Fire Code
Amendment Findings Legend
CODE SECTION TITLE (Clarification) FINDINGS
110.4 Violation penalties Administrative
110.4.2 Infraction & Misdemeanor Administrative
202 General definitions Administrative
304.1.2 OCFA Vegetation Management I
305.6 Hazardous conditions I & II
305.7 Disposal of rubbish I & II
307 Open burning, recreational fires, fire pits, fire
rings, and outdoor fireplaces
Administrative
307.6 Fire Pits, Fire Rings, & Outdoor Fireplaces Administrative 307.6.1 Gas-fueled devices I & II
307.6.2 Devices using wood or fuels other than natural
gas or LPG
I & II
307.6.2.1 Where prohibited I & II
308.1.6.3 Sky lanterns I & III
321 Fuel modification requirements for new
construction
I
322 Clearance of brush or vegetation growth from
roadways
I
323 Unusual circumstances Administrative
324 Use of equipment I
324.1 Use of equipment and devices generating heat,
sparks or open flames
I
324.2 Spark arresters I
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Other amendments:

All other changes to the codes referenced in this Ordinance are hereby found, declared and determined by the City Council to be primarily procedural and non- substantive, and therefore to be equivalent for the purposes intended by the original codes. These amendments are necessary for administrative clarification, 407.5 Hazardous material inventory statement I & II
501.1 Scope Administrative, I, II &
III
510.1 Emergency responder radio coverage Administrative 903.2 Where required (Sprinklers) I, II & III
903.2.8 Group R (Sprinklers) I, II & III
903.3.5.3 Hydraulically calculated systems I & II
1201.1.1 Energy systems, battery charging devices I & II 2801.2 Permit Administrative
2808.2 Storage site Administrative
2808.3 Size of piles I
2808.4 Pile separation I
2808.7 Pile fire protection I
2808.9 Material-handling equipment I
2808.11 Temperature control I
2808.11.1 Pile temperature control I
2808.11.2 New material temperature control I
2808.12 Water availability for piles I
2808.13 Tipping area I
2808.14 Emergency contact Administrative
4906.3 OCFA Vegetation Management Guideline I
4908 Fuel modification requirements for new
construction
I
5001.5.2 Hazardous materials inventory statement Administrative 5003.1.1.1 Extremely hazardous substances I & III
5608.2 Retail fireworks Administrative
5608.3 Application for permit Administrative
5701.1.1 On-Demand Mobile Fueling N/A
5801.1 Scope N/A
Chapter 80 Reference Standards N/A
2016 NFPA 13 (Sprinkler Systems) Administrative, II & III 2016 NFPA 13-D (Single Family Sprinkler
Systems)
I & II
2013 NFPA 14 (Standpipe Systems) Administrative
2016 NFPA 24 (Underground Water Supply
Systems)
Administrative & III
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and do not modify a building standard pursuant to California Health & Safety Code Sections 17958, 17958.7 and/or 18941.5. They establish standards for the effective enforcement of the building standards in the City of Aliso Viejo.

SECTION 4 . Chapter 13.02 Building Regulations. Chapter 13.02 of Title 13 entitled “Building Regulations” is hereby removed in its entirety and replaced with the following:
“CHAPTER 13.02 BUILDING REGULATIONS”

13.02.010 Adoption of 2022 California Building Code and Related Codes.

13.02.020 Violations.

13.02.030 Board of Appeals.

13.02.040 Fees.

13.02.050 Administration.

13.02.060 Amendments to Chapter 1 of the California Building Code.

13.02.065 Amendments to Chapter 2 of the California Building Code.

13.02.070 Amendments to Chapter 5 of the California Building Code.

13.02.075 Amendments to Chapter 7A of the California Building Code.

13.02.080 Amendments to Chapter 9 of the California Building Code.

13.02.090 Amendments to Chapter 15 of the California Building Code.

13.02.095 Amendments to Chapter 18 of the California Building Code

13.02.100 Amendments to Chapter 31 of the California Building Code

13.02.120 Amendments to the California Residential Code.

13.02.130 Amendments to the California Electrical Code.

13.02.140 Amendments to the California Plumbing Code.

13.02.150 Building deposits.

The City Council, for the purpose of prescribing regulations for the erecting, construction, enlargement, alteration, repair, improving, removal, conversion, demolition, occupancy, equipment, use, height, area and maintenance of all buildings and structures in the city, hereby adopts the following codes by reference and the amendment to these codes as set forth in Chapters 13.02 of the Aliso Viejo Municipal Code:
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A. The California Building Code, 2022 Edition, Vol. 1&2, with amendments, based on the 2021 International Building Code as published by the International Code Council,
B. The California Residential Code, 2022 Edition, with amendments based on the 2021 International Residential Code as published by the International Code Council;
C. The California Electrical Code, 2022 Edition, based on the 2020 National Electrical Code as published by the National Fire Protection Association; D. The California Mechanical Code, 2022 Edition, based on the 2021 Uniform Mechanical Code as published by the International Association of Plumbing and Mechanical Officials;
E. The California Plumbing Code, 2022 Edition, based on the 2021 Uniform Plumbing Code as published by the International Association of Plumbing and Mechanical Officials;
F. The California Green Building Standards Code, 2022 Edition, as published by the California Building Standards Commission;
G. The California Energy Code, 2022 Edition, as published by the International Code Council;
H. The California Administrative Code, 2022 Edition, as published by the International Code Council;
I. The California Referenced Standards, 2022 Edition, as published by the International Code Council;
J. The California Existing Building Code, 2022 Edition as published by the International Code Council;
K. The International Property Maintenance Code, 2021 Edition, as published by the International Code Council;
L. The California Fire Code, 2022 Edition, as published by the International Code Council.

The provisions of these codes as amended by Chapters 13.02 and 13.04 of the Aliso Viejo Municipal Code (“Codes”) shall constitute the Building Regulations of the City of Aliso Viejo. The primary codes and the Codes as adopted by reference and amended by the City are on file for public examination in the office of the Building Official. Such Codes are hereby adopted and incorporated as though set forth in full in this section. 59

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13.02.020 Violations.

For all sections of the Codes including any and all amendments to these Codes included within this chapter, the following shall apply pertaining to violations and shall replace any sections of those codes that pertain to violation.

It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy, or maintain any building or structure in the City, or cause same to be done, contrary to or in violation of any of the provisions of this chapter.

Any person, firm, or corporation violating any of the provisions of this chapter, shall be deemed guilty of a misdemeanor, and each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this chapter is committed, continued, or permitted, and upon conviction of any such violation such persons shall be punished by a fine of not more than $1,000.00 or by imprisonment for not more than six months, or by both such fine and imprisonment.

13.02.030 Board of Appeals.

For all sections of the Codes, including any and all amendments included within this chapter, the following shall apply pertaining to board of appeals and shall replace any sections of those codes that pertain to board of appeals.

In order to determine the suitability of alternate materials and methods of construction and provisions of these Codes, there shall be a board of appeals, consisting of five members, composed of the mayor and the other members of the city council. Said members shall hold their respective membership on said board of appeals by reason of, and concurrently with their terms of service as council members and shall cease to be such members upon their ceasing to be such council members. The building official shall be the secretary of the board.

The board may adopt reasonable rules and regulations for conducting its investigations and shall render all its decisions and findings on contested matters, in writing to the building official, with a duplicate copy thereof to any appellant or contestant affected by any such decision or finding and may recommend to the city council such new legislation, if any, as is consistent therewith.

Three members of the board shall constitute a quorum. The mayor shall be the presiding officer of the board and in the mayor's absence the mayor pro-tem shall preside. Meetings shall be conducted in accordance with the Brown Act.

The board shall have the right, subject to such limits as the city council may prescribe by resolution, to employ at the cost and expense of the city, such qualified individuals as the board, in its discretion, may deem reasonably necessary in order to assist it in its investigations and making its findings and decisions.
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13.02.040 Fees.

All fees set forth in sections of the Codes adopted by reference and amended by the City in Chapters 13.02 and 13.04 of the Aliso Viejo Municipal Code shall be as set forth by resolution of the city council

13.02.050 Administration.

Chapter 1 of the 2022 California Building Code, as amended by the City in this Chapter, is hereby adopted as the administrative provisions of all the Codes in Chapters 13.02 and 13.04 of the Aliso Viejo Municipal Code.

13.02.060 Amendments to Chapter 1 of the California Building Code.

Chapter 1, Division II, Scope and Administration, is amended as follows:

SECTION 101.1, Title is amended to include the following:

These regulations shall be known as the Building Code of the City of Aliso Viejo, hereinafter referred to as “this code.” SECTION 101.4, Referenced Codes is deleted in its entirety and replaced with the following:
101.4. Referenced Codes. The 2022 California Building Standards Code shall be considered part of the requirements of this code to the extent of each such reference.

SECTION 104.8 Liability is amended to include the following:

The provisions of this section shall apply if the Building Official or his/her authorized representative are employees of this jurisdiction and shall also apply if the Building Official or his/her authorized representatives acting under contract as agents of this jurisdiction.

SECTION 105.2, Work Exempt from Permit, under Subsection Building is amended to revise Item 2 and add Item 14:

Section 105.2. Work Exempt from Permit.

Building:

2. Walls and fences less than 72 inches in height.

14.Decks not exceeding 200 square feet (18.58m 2) in
area, that are not more 30 inches (762mm) above
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grade at any point, are not attached to a dwelling and
do not serve the exit door required by Section R311.2.

SECTION 105.5 is amended as follows:

Section 105.5. Expiration. Every permit issued shall become invalid unless the work on the site authorized by such permit is commenced with 12 months after its issuance, or if the work authorized on the site by such permit is suspended or abandoned for a period of 180 days after the time the work is commenced. The Building Official is authorized to grant, in writing, one or more extensions of time, for periods not more than 180 each. The extension shall be requested in writing and justifiable cause demonstrated.

Time limitation for permit expiration as the result of code enforcement shall be as per notice of violation or as otherwise determined by the Building Official.

SECTION 105.8 is added to read as follows:

Section 105.8. Reconstruction. If the value of the reconstruction (or renovations) of a building is equal to or exceeds 75 percent of the value of the building, the entire building shall comply with the code provisions for new construction. The value of the reconstruction (or renovation) for a property shall include the value of all construction stemming from construction-related permits issued within the last two years.

SECTION 107.3, Examination of Documents, is amended to add a paragraph as follows:

An expedited review and permit issuance process shall be provided for EV Charging Stations and simplified forms for submittal will be made available on City’s website.

SECTION 109.4, Fees, is amended to read as follows:

Failure to pay fees and obtain a permit before commencing work shall be deemed a violation of this chapter. At the Building Official’s discretion, a violation may result in an assessment, which includes the required permit fees, of up to double the permit fees for work on a building, structure, mechanical, gas, electrical or plumbing system before obtaining the necessary permits. Payment of assessed fees shall not relieve any person from fully complying with the requirements of this chapter nor from any other penalties prescribed herein.
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SECTION 111.5. Declaration of Intended Use is added to read as follows:

When required by the fire chief, with the concurrence of the building official, any or all owners of any occupancy may be required to record with the county recorder of the County of Orange a legal instrument of intended use. This legal instrument shall be called a declaration of intended use. The declaration of intended use shall be in accordance with the requirements of this section. It shall specifically state, by occupancy classification, all intended uses of all portions of the occupancy and may not be modified or withdrawn without the approval of the fire chief with the concurrence of the building official. Unapproved changes of occupancy or use can be cause for an immediate hearing before the building official and the fire chief or their designees. Such hearing shall be conducted to rule on the revocation of the certificate of occupancy and the revocation of all permits issued to all owners, tenants, operators and occupants of all portions of the occupancy. The declaration of intended use shall be binding on all present and future owners, tenants, operators and occupants.

SECTION 111.5.1, Certified Copies, is added to read as follows:

Section 111.5.1 Certified Copies. A certified copy of the recorded declaration of intended use may be required to be filed with the building official and the fire chief before any certificate of occupancy and/or any permits are issued to any or all owners, tenants, operators or occupants of the occupancy.

13.02.065 Amendments to Chapter 2 of the California Building Code.

Chapter 2, Definitions, is amended as follows:

SECTION 202 Definitions is revised, to add the following definitions:

BARRIER Barrier is a fence, wall, building wall, or any combination of these that completely surrounds the swimming pool and obstructs access to the swimming pool.

SPARK ARRESTER. A listed device constructed of noncombustible material specifically for the purpose of meeting one of the following conditions:

1. Removing and retaining carbon and other flammable
particles/debris from the exhaust flow of an internal combustion engine in accordance with California Vehicle Code Section 38366.

2. Fireplaces that burn solid fuel in accordance with California Building Code Chapter 28.
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SWIMMING POOL. Any body of water created by artificial means which is designed, intended for use, or used for swimming or immersion purposes, which has a water depth exceeding 18 inches.

The term, “pool,” includes swimming pools, spas, hot tubs, above-and below-ground, and vinyl-lined pools; pool does not include plumbing fixtures such as bathtubs nor does it apply to man-made lakes, reservoirs, farm ponds, or ponds used primarily for public park purposes, water conservation purposes, irrigation purposes or for the watering of livestock.

13.02.070 Amendments to Chapter 5 of the California Building Code.

Chapter 5, General Building Heights and Areas is amended to read as follows:

SECTION 502.1 Address Identification
502.1. New and existing buildings shall be provided with approved address identification. The address identification shall be legible and placed in a position that is visible from the street or road fronting the property. Address identification characters shall contrast with their background. Address numbers shall be Arabic numbers or alphabetical letters. Numbers shall not be spelled out. Each character shall be not less than 4 inches in height with a stroke width of not less than 0.5 inch.

For R-3 and other occupancies, the numbers shall be a minimum of 6 inches high with a minimum stroke width of 1 inch. Where required by the fire official, address identification shall be provided in additional approved locations to facilitate emergency response. Where access is by means of a private road and the building address cannot be viewed from the public way, a monument, pole or other sign or means shall be used to identify the structure. Address identification shall be maintained.

13.02.075 Amendments to Chapter 7A of the California Building Code.

Chapter 7A, Materials and Construction Methods for Exterior Wildfire Exposure.

Adopt Chapter 7A in its entirety with the following amendments:

SECTION 701A.3 is amended to read as follows:
701A.3 Application . New buildings located in any Fire Hazard Severity Zone or any Wildland-Urban Interface Fire Area designated by the enforcing agency constructed after the application date, and additions to and remodel of buildings constructed before 2012 located in areas currently designated as such, shall comply with the provisions of this chapter. The provisions shall also apply to additions, remodels, and accessory structures located within 100 feet of a fuel modification zone, vegetation management area, or similar area containing hazardous combustible vegetation, regardless of whether the property is currently located in a designated Fire Hazard Severity Zone or Wildland-Urban 64

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Interface Fire Area, when materials and/or construction methods for exterior wildfire exposure were previously required at the property by the Building or Fire Code Official.

Exceptions:

1. Buildings of an accessory character classified as a Group U occupancy and not exceeding 120 square feet in floor area, when located at least 30 feet from the applicable building.

2. Buildings of an accessory character classified as a Group U occupancy of any size located least 50 feet from an applicable building.

3. Buildings classified as a Group U Agricultural Building, as defined in Section 202 of this code (see also Appendix C – Group U Agricultural Buildings), when located at least 50 feet from an applicable building.

SECTION 710A.3.3 is amended to read as follows:
710A.3.3 Detached Miscellaneous Structure Requirements. Detached accessory structures within 50 feet of an applicable building shall comply with the requirements of this section.

SECTION 710A.4 Requirements, is amended to read as follows:
710A.4 Requirements. Accessory structures shall be constructed of non- combustible or ignition-resistant materials...

13.02.080 Amendments to Chapter 9 of the California Building Code.

Chapter 9, Fire Protection and Life Systems, is amended as follows:

SECTION 903.2, Where Required, is amended to read as follows:
903.2 Approved automatic sprinkler systems in buildings and structures shall be provided when one of the following conditions exists:

1. New buildings: Notwithstanding any applicable provisions of Sections 903.2.1 through 903.2.19, an automatic fire-extinguishing system shall also be installed in all occupancies when the total building area exceeds 5,000 square feet as defined in Section 202 of the California Building Code, regardless of fire areas or allowable area, or is more than two stories in height.
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Exception: Subject to approval by the Fire Code Official, open parking garages in accordance with Section 406.5 of the California Building Code.

2. Existing Buildings: Notwithstanding any applicable provisions of this code, an automatic sprinkler system shall be provided in an existing building when an addition occurs and one of the following conditions exists:
a. When an addition is 33% or more of the existing building area, and the resulting building area exceeds 5000 square feet b. When an addition exceeds 2000 square feet and the resulting building area exceeds 5000 square feet.
c. An additional story is added above the second floor regardless of fire areas or allowable area.

Exception: Additions to Group R-3 occupancies shall comply with Section 903.2.8 (2).

SECTION 903.2.8, Group R, is amended to read as follows:
903.2.8 Group R. An automatic sprinkler system installed in accordance with Section 903.3 shall be provided throughout all buildings with a Group R fire area as follows:

1. New Buildings: An automatic sprinkler system shall be installed throughout all new buildings, with the exception of accessory dwelling units where automatic fire extinguishing systems have not been required for the primary residence.

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Exceptions:

1. Existing Group R-3 occupancies converted to Group R-3.1 occupancies and not housing bedridden clients, not housing nonambulatory clients above the first floor, and not housing clients above the second floor.

2. Existing Group R-3 occupancies converted to Group R-3.1 occupancies housing only one bedridden client and complying with Section 435.8.3.3 of the California Building Code.

3. Pursuant to Health and Safety Code, Section 13113, occupancies housing ambulatory children only, none of whom are mentally ill children or children with intellectual disabilities, and the buildings or portions thereof in which such children are housed are not more than two stories in height, and building or portions thereof housing such children have an automatic fire alarm system activated by approved smoke detectors.

4. Pursuant to Health and Safety Code, Section 13143.6, occupancies licensed for protective social care which house ambulatory clients only, none of whom is a child (under the age of 18 years) or who is elderly (65 years of age or over).

When not used in accordance with Section 504.2 or 506.3 of the California Building Code, an automatic sprinkler system installed in accordance with Section 903.3.1.2 shall be allowed in Group R-2.1 occupancies.

An automatic sprinkler system designed in accordance with Section 903.3.1.3 shall not be utilized in Group R-2.1 or R-4 occupancies.

SECTION 903.3.1.1.1, Exempt Locations, is amended by revising Item 5 as follows:

5. When approved by the fire code official, spaces or areas in telecommunications buildings used exclusively for telecommunications equipment, and associated electrical power distribution equipment, provided those spaces or areas are equipped throughout with an automatic smoke detection system in accordance with Section 907.2 and are separated from the remainder of the building by fire barriers consisting of not less than 1-hour fire barriers constructed in accordance with Section 707 or not less than 2 hour horizontal assemblies constructed in accordance with Section 712, or both.

SECTION 903.3.5.3, Hydraulically Calculated Systems, is hereby added as follows:
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Section 903.3.5.3 Hydraulically calculated systems. The design of hydraulically calculated fire sprinkler systems shall not exceed 90% of the water supply capacity.

Exception: When static pressure exceeds 100 psi, and required by the Fire Code Official, the fire sprinkler system shall not exceed water supply capacity specified by Table 903.3.5.3.

13.02.090 Amendments to Chapter 15 of the California Building Code Chapter 15, Roof Assemblies and Rooftop Structures
TABLE 1505.1 is amended, by deletion of Table 1501.1 and the addition of a new Table 1505.1 thereto, to read as follows:

TABLE 1505.1a

MINIMUM ROOF COVERING CLASSIFICATIONS

TYPES OF CONSTRUCTION

IA IB IIA IIB IIIA IIIB IV VA VB

B B B B B B B B B
For SI: 1 foot = 304.8 mm, 1 square foot = 0.0929 m2.
a. Unless otherwise required in accordance with Chapter 7A. 1505.1.3 Roof coverings within all other areas. The entire roof covering of every existing structure where more than 50 percent of the total roof area is replaced within any one-year period, the entire roof covering of every new structure, and any roof covering applied in the alteration, repair or replacement of the roof of every existing structure, shall be a fire-retardant roof covering that is at least Class B.
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13.02.095 Amendment to Chapter 18 of the California Building Code Chapter 18, Soils and Foundations
SECTION 1807.1.6 is amended to read as follows:
1807.1.6 Prescriptive design of concrete and masonry foundation walls.

Concrete and masonry foundation walls that are laterally supported at the top and bottom shall be permitted to be designed and constructed in accordance with this section. Prescriptive design of foundation walls shall not be used for structures assigned to Seismic Design Category D, E or F.

13.02.100 Amendments to Chapter 31 of the California Building Code.

Chapter 31, Special Construction
SECTION 3109 Swimming Pools, Spas and General
3109.3 Residential swimming pools is added to the CBC to read Residential swimming pools shall be completely enclosed by a barrier complying with Sections 3109.3.1 through 3109.3.3.
3109.3.1 Barrier height and clearances. The top of the barrier must be at least 60 inches above grade measured on the side of the barrier that faces away from the swimming pool. The maximum vertical clearance between grade and the bottom of the barrier must be two inches measured on the side of the barrier that faces away from the swimming pool. Where the top of the pool structure is above grade, the barrier is authorized to be at ground level or mounted on top of the pool structure, at the maximum vertical clearance between the top of the pool structure and the bottom of the barrier must be four inches. 3109.3.1.1 Openings. Openings in the barrier must not allow passage of a 4- inch-diameter sphere.
3109.3.1.2 Solid barrier surfaces. Solid barrier surfaces which do not have openings shall not contain indentations or protrusions except for normal construction tolerances and tooled masonry joints.
3109.3.1.3 Closely spaced horizontal members. Where the barrier is composed of horizontal and vertical members and the distance between the tops of the horizontal members is less than 45 inches, the horizontal members shall be located on the swimming pool side of the fence. Spacing between vertical members shall not be greater than 1 ¾ inches in width. Where there are decorative cutouts within vertical members, spacing with the cutouts shall not be greater than 1 ¾ inches in width.
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3109.3.1.4 Widely spaced horizontal members. Where the barrier is composed of horizontal members and the distance between the tops of the horizontal members is 45 inches or more, spacing between vertical members must not be greater than 4 inches. Where there are decorative cutouts within vertical members, spacing must not be greater than 1 ¾ inches in width. 3109.3.1.5 Chain link dimensions. Mesh size for chain link fences must not be greater than 1 ¾ inches in width, unless the fence is provided with slats fastened at the top or bottom that reduce the openings to not more than 1 ¾ in width.
3109.3.1.6 Diagonal members. Where the barrier is composed of diagonal members shall not be greater than 1 ¾ inches.
3109.3.1.7 Gates. Access gates must comply with the requirements of Sections 3109.3.1 through 3109.3.1.6 and must be equipped to accommodate a locking device. Pedestrian access gates must open outward away from the pool and must be self-closing and have a self-latching device. Doors or gates other than pedestrian access gates must have a self-latching device and must be equipped with lockable hardware or padlocks and must remain locked at all times when not in use. Release mechanisms must comply with Sections 1010.1.9 and 1109.13. Where release mechanisms of the self-latching device are located less than 60 inches above grade measured on the side of the barrier that faces away from the swimming pool, the release mechanism must be located on the pool side of the gate at least three inches below the top of the gate and the gate barrier may have no opening greater than one-half inch within 18 inches of the release mechanism.
3109.3.1.8 Dwelling wall as a barrier. Where a wall of a dwelling serves as part of the barrier, two safety devices must be provided in accordance with Section 115922 of the California Health and Safety Code.
3109.3.1.9 Pool structure as barrier. Where an above-ground pool structure, and the means of access is a ladder or steps, then the ladder or steps either shall be capable of being secured, locked or removed to prevent access, or the ladder or steps shall be surrounded by a barrier that meets the requirements of Sections 3109.3.1.1 through 3109.3.1.8. Where the ladder or steps are secured, locked or removed, any opening shall not allow the passage of a 4-inch- diameter sphere.
3109.3.2 Indoor swimming pools. Wall surrounding indoor swimming pools shall not be required to comply with Section 3109.3.1.8. through 3109.3.3. 3109.3.3 Prohibited Locations. Barriers shall be located as to prohibit permanent structures, equipment or similar objects from being used to climb the barriers. There shall be a clear zone of not less than 36” between the exterior of the enclosure and any permanent structures or equipment such as pumps, 70

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filters and heaters that can be used to climb the enclosure.

13.02.120 Amendments to the California Residential Code.

Chapter 1, Scope and Application, is amended as follows:

SECTION R105.5 is amended as follows:

R105.5. Expiration. Every permit issued shall become invalid unless the work on the site authorized by such permit is commenced with 12 months after its issuance, or if the work authorized on the site by such permit is suspended or abandoned for a period of 180 days after the time the work is commenced. The Building Official is authorized to grant, in writing, one or more extensions of time, for periods not more than 180 each. The extension shall be requested in writing and justifiable cause demonstrated.

Time limitation for permit expiration as the result of code enforcement shall be as per notice of violation or as otherwise determined by the Building Official.

Chapter 2, Definitions, is amended as follows:

SECTION R202 Definitions is amended by adding “Barrier,” OCFA” and “Spark Arrester” as follows:

BARRIER. Barrier is a fence, wall, building wall, or any combination of these that completely surrounds the swimming pool and obstructs access to the swimming pool.

OCFA. Orange County Fire Authority, fire authority having jurisdiction.

SPARK ARRESTER. A listed device constructed of noncombustible material specifically for the purpose of meeting one of the following conditions:

1. Removing and retaining carbon and other flammable
particles/debris from the exhaust flow of an internal combustion engine in accordance with California Vehicle Code Section 38366.

2. Fireplaces that burn solid fuel in accordance with California Building Code Chapter 28 combustible vegetation.

Chapter 3, Building Planning, is amended as follows:

SECTION R301.2, Climatic and Geographic Design Criteria, is amended as follows:
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R301.2 Climatic and Geographic Design Criteria, Table R301.2(1) Climatic and Geographic Design Criteria.

TABLE R301.2(1)

CLIMATIC AND GEOGRAPHIC DESIGN CRITERIA
GROUND
SNOW
LOAD

WIND DESIGN

SEISMIC
DESIGN

CATEGORY
f

SUBJECT TO DAMAGE
FROM
WINTER
DESIGN
TEMP e

ICE BARRIER

UNDERLAYMENT
REQUIRED h
FLOOD

HAZARDS
g
AIR

FREEZING
INDEX i
MEAN
ANNUAL
TEMP j
Speed
d
(mph)
Topographic
effects k
Weathering
a
Frost
line
Depth
b
Termite
c
Zero 110 No D2 or E Severe
12-
24”
Very
Heavy 50 No
04-19-
2006
2006-082 0 64
MANUAL J DESIGN CRITERIA n

ELEVATION LATITUDE WINTER

HEATING
SUMMER

COOLING

ALTITUDE

CORRECTION
FACTOR
INDOOR
DESIGN

TEMPERATURE
DESIGN

TEMPURATURE

COOLING
HEAT

TEMPERATURE

DIFFERENCE
390 34 41 85 70 75

COOLING

TEMURATURE

DIFFERENCE
WIND

VELOCITY

HEATING
WIND

VELOCITY

COOLING

COINCIDENT

WET BULB
DAILY
RANGE
WINTER

HUMIDITY
SUMMER

HUMIDITY
7 68 22 11 (50% RH)
For SI: 1 pound per square foot = 0.0479 kPa, 1 mile per hour = 0.447 m/s. a. Weathering may require a higher strength concrete or grade of masonry than necessary to satisfy the structural requirements of this code. The grade of masonry units shall be determined from ASTM C 34, C 55, C 62, C 73, C 90, C 129, C 145, C 216 or C 652. b. The City of Aliso Viejo does not have any Flood Hazards Zones.

Section R301.9, Fuel Modification Requirements for New Construction, is hereby added as follows:

R301.9 Fuel Modification Requirements for New Construction. All new structures and facilities adjoining land containing hazardous combustible vegetation shall be approved and in accordance with the requirements of OCFA Guideline C-05 “Vegetation Management Guideline – Technical Design for new Construction Fuel Modification Plans and Maintenance Program.”
Section R309.6, Fire sprinkler attached garages, and carports with habitable space above, is hereby amended by modifying the exception to read as follows:

Exception: An automatic residential fire sprinkler system shall not be required when additions or alterations are made to existing carports and/or garages that do not have an automatic fire sprinkler system installed 72

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unless a sprinkler system is required in accordance with California Fire Code Section 903.2.8.

SECTION R313.1, Townhouse automatic fire sprinkler systems, is hereby amended by modifying the exception as follows:

Exception: An automatic residential fire sprinkler system shall not be required when additions or alterations are made to existing townhouses that do not have an automatic fire sprinkler system installed unless a sprinkler system is required in accordance with California Fire Code Section 903.2.8.

SECTION R313.2, One and two-family dwellings automatic fire sprinkler systems, is hereby amended by modifying the exception as follows:

Exception: An automatic residential fire sprinkler system shall not be required for additions or alterations to existing buildings that are not already provided with an automatic sprinkler system unless a sprinkler system is required in accordance with California Fire Code Section 903.2.8.

SECTION R313.3.6.2.2, Calculation procedure, is hereby revised as follows:

R313.3.6.2.2 Calculation procedure. Determination of the required size for water distribution piping shall be in accordance with the following procedure and California Fire Code Section 903.3.5.3.

SECTION R319.1, Address identification, is hereby revised as follows:

R319.1 Address Identification. New and existing buildings shall be provided with approved address identification. The address identification shall be legible and placed in a position that is visible from the street or road fronting the property. Address identification characters shall contrast with their background. Address numbers shall be Arabic numbers or alphabetical letters. Numbers shall not be spelled out. Each character shall be not less than 4 inches in height with a stroke width of not less than 0.5 inch. Where required by the fire code official, address identification shall be provided in additional approved locations to facilitate emergency response. Where access is by means of a private road and the building address cannot be viewed from the public way, a monument, pole or other sign or means shall be used to identify the structure. Address identification shall be maintained.

SECTION R337.1.3, Application, is hereby revised to read as follows:

R337.1.3 Application. New buildings located in any Fire Hazard Severity Zone or any Wildland-Urban Interface Fire Area designated by the enforcing agency constructed after the application date, and additions to 73

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and remodel of buildings constructed before 2012 located in areas currently designated as such, shall comply with the provisions of this chapter. The provisions shall also apply to additions, remodels, and accessory structures located within 100 feet of a fuel modification zone, vegetation management area, or similar area containing hazardous combustible vegetation, regardless of whether the property is currently located in a designated Fire Hazard Severity Zone or Wildland-Urban Interface Area, when materials and/or construction methods for exterior wildfire exposure were previously required at the property by the Building or Fire Code Official.

Exceptions:

1. Buildings of an accessory character classified as a Group U occupancy and not exceeding 120 square feet in floor area, when located at least 30 feet from an applicable building.

2. Buildings of an accessory character classified as a Group U occupancy of any size located at least 50 feet from an applicable building.

SECTION R337.1.6, Fuel Modification Requirements for New Construction, is hereby added as follows:

R337.1.6 Fuel Modification Requirements for New Construction. All new buildings to be built or installed in hazardous fire areas shall comply with the following:

1. Preliminary fuel modification plans shall be submitted to and approved by the fire code official concurrent with the submittal for approval of any tentative map.

2. Final fuel modification plans shall be submitted to and approved by the fire code official prior to the issuance of a grading permit. The fuel modification plan shall include provisions for the maintenance of the fuel modification for perpetuity.

3. The fuel modification plans shall meet the criteria set forth in the Fuel Modification Section of the Orange County Fire Authority Vegetation Management Guidelines.
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4. The fuel modification plan may be altered if conditions change. Any alterations to the fuel modification areas shall have prior approval from the fire code official.

5. All elements of the fuel modification plan shall be maintained in accordance with the approved plan and are subject to the enforcement process outlined in the Fire Code.

Chapter 9, Roof Assemblies, is amended as follows:

SECTION R902.1 is amended by revising it to allow only class A or B roofs as follows:

R902.1 Roofing covering materials. Roofs shall be covered with materials as set forth in Sections R904 and R905. A minimum Class A or B roofing shall be installed in areas designated by this section. Classes A or B roofing required by this section to be listed shall be tested in accordance with UL 790 or ASTM E 108.

Exceptions:

1. Class A roof assemblies include those with coverings of brick, masonry and exposed concrete roof deck.

2. Class A roof assemblies also include ferrous or copper shingles or sheets, metal sheets and shingles, clay or concrete roof tile, or slate installed on noncombustible decks.

SECTION R902.1.3 is amended by revising it to require a minimum Class B roof as follows:

R902.1.3 Roof coverings within all other areas. The entire roof covering of every existing structure where more than 50 percent of the total roof area is replaced within any one-year period, the entire roof covering of every new structure, and any roof covering applied in the alteration, repair or replacement of the roof of every existing structure, shall be a fire-retardant roof covering that is at least Class B.

SECTION R902.2, first paragraph is amended by revising it to allow only Class A or B treated wood roofs as follows:

R902.2 Fire-retardant-treated shingles and shakes. Fire-retardant-treated wood shakes and shingles are wood shakes and shingles complying with UBC Standard 15-3 or 15-4 which are impregnated by the full-cell vacuum-pressure process with fire-retardant chemicals, and which have been qualified by UBC Standard 15-2 for use on Class A or B roofs. 75

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Chapter 10, Chimneys and Fireplaces, is amended as follows:

Section R1001.13, Outdoor Fireplaces, Fire Pits, Fire Rings, or similar devices, is hereby added as follows:

R1001.13 Outdoor Fireplaces, Fire Pits, Fire Rings, or similar devices.

Outdoor fireplaces, fire pits, fire rings, or similar exterior devices shall comply with this section.

Exception: Barbeques, grills, and other portable devices intended solely for cooking.

Section R1001.13.1, Gas-fueled devices, is hereby added as follows:

R1001.13.1 Gas-fueled devices. Outdoor fireplaces, fire pits and similar devices fueled by natural gas or liquefied-petroleum gas are allowed when approved by the Building Department and the device is designed to only burn a gas flame and not wood or other solid fuel. At R-3 occupancies, combustible construction shall not be located within three feet of an atmospheric column that extends vertically from the perimeter of the device. Where a permanent Building Department approved hood and vent is installed, combustible construction may encroach upon this column between the bottom of the hood and the vent opening. Where chimneys or vents are installed, they shall have a spark arrester in accordance with Section R1003.9.2.

Section R1001.13.2, Devices using wood or fuels other than natural gas or liquefied-petroleum gas, is hereby added as follows:

R1001.13.2 Devices using wood or fuels other than natural gas or liquefied-petroleum gas. Fireplaces burning wood or other solid fuel shall be constructed in accordance with Section R1001. Fires in a fireplace shall be contained within a firebox with an attached chimney. The opening in the face of the firebox shall have an installed and maintained method of arresting sparks. The burning of wood or other solid fuel in a device is not allowed within 15 feet of combustible structures, unless within a permanent or portable fireplace.

Section R1001.13.3, Devices using wood or fuels other than natural gas or liquefied-petroleum gas, is hereby added as follows:

R1001.13.3 Where prohibited. The burning of wood and other solid fuels shall not be conducted within a fuel modification zone. Wood and other solid fuel burning fires in devices other than permanent fireplaces are not allowed within Wildfire Risk Areas (WRA) and adopted Fire Hazard Severity Zones (FHSZ) or in locations where conditions could cause the spread of fire to the WRA or FHSZ, unless determined by the Fire Code 76

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Official that the location or design of the device should reasonably prevent the start of a wildfire.

13.02.135 Amendments to the California Electrical Code
Article 310.106(B) Conductor Material is amended by the addition of a second paragraph to read as follows:

Copper wire shall be used for wiring No. 6 and smaller in all installations.

Consideration for use of aluminum wiring can be made by the Building Official for feeder lines only on an individual basis where adequate safety measures can be ensured.

Article 310 Conductors for General Wiring is amended by the addition of Article 310.121 to read as follows:
310.121 Continuous inspection of aluminum wiring. Aluminum conductors of No. six (6) or smaller used for branch circuits shall require continuous inspection by an independent testing agency approved by the Building Official for proper torque of connections at their termination point.

13.02.140 Amendments to the California Plumbing Code.

SECTION 1014.1.4 is added to read as follows:

Grease interceptors/traps in new construction shall comply with one of the following standards:

1. Laterals must be oversized two pipe diameter increments at the point of connection with the interceptor discharge downstream to the sewer main; or

2. Grease interceptors/traps must connect directly to the sewer main with no additional connections.

SECTION 1014.1.2, Maintenance is amended by adding the following paragraph:

In locations where a grease interceptor/trap is present, and the discharge of the interceptor/traps is connected to the building lateral, such laterals must be cleaned on a semi-annual basis by a qualified professional. Verification of such cleaning shall be submitted to the Building Department for approval on an annual basis.

Verification shall be in the form of a statement and/or invoice from the person performing the cleaning. Premises that have had an overflow within the last 24 months shall clean the laterals and verify such cleaning as often as deemed necessary by the Building Official.
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13.02.150 Building deposits.

A. As a part of any application for, and prior to the issuance of, any building permit such as where damage may occur to public property, the applicant, if required, shall post a cash deposit in an amount established to cover the city’s cost of opening and closing of the necessary files, administration of the permit status, and code enforcement, if necessary. The current deposit amount established for an encroachment permit is $3,000. a. Any remaining portion of the deposit required by this section shall be returned to the applicant, without interest, upon completion of the work for which the building permit was issued, or upon the request of the applicant if the building permit application is withdrawn prior to commencement of work.
b. The deposit required by this section shall be forfeited entirely, and retained by the city as a penalty, if the applicant fails to comply with any provision of this code as it applies to the work for which the building permit was issued or if the applicant fails to request a refund of the deposit within 30 days of either expiration of the building permit or completion of the work for which the building permit was issued.
c. Nothing in this section shall preclude the city from initiating any enforcement or legal action for violation of any provision of this code. d. For purposes of this section, “completion of the work” shall mean final inspection approval or issuance of a certificate of occupancy, as applicable.

SECTION 5. Chapter 13.04 2022 California Fire Code. Chapter 13.04 of Title 13 entitled “2022 Edition of the California Fire Code” is hereby amended to read in full as follows:
“CHAPTER 13.04 2022 EDITION OF THE CALIFORNIA FIRE CODE”

13.04.005 Adoption of the 2022 Edition of the California Fire Code.

13.04.010 Chapter 1, Scope and Administration, amended.

13.04.020 Chapter 2, Definitions, amended.

13.04.030 Chapter 3, General Requirements, amended.

13.04.040 Chapter 4, Emergency Planning and Preparedness, amended.

13.04.050 Chapter 5, Fire Service Features, amended.
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13.04.070 Chapter 9, Fire Protection and Life Safety Systems, amended.

13.04.080 Chapter 11, Construction Requirements for Existing Buildings, amended.

13.04.085 Chapter 12, Energy Systems, amended.

13.04.100 Chapter 28, Lumber Yards and Agro-Industrial, Solid Biomass and Woodworking Facilities, amended.

13.04.110 Chapter 49, Requirements for Wildland-Urban Interface Fire Areas, amended.

13.04.120 Chapter 50, Hazardous Materials – General Provisions, amended.

13.04.130 Chapter 55, Cryogenic Fluids, adopted.

13.04.140 Chapter 56, Explosives and Fireworks, amended.

13.04.150 Chapter 57, Flammable and Combustible Liquids, adopted.

13.04.160 Chapter 60, Highly Toxic and Toxic Materials, adopted.

13.04.170 Chapter 80, Referenced Standards, amended.

13.04.180 Appendices
The City Council, for the purpose of prescribing regulations for the erecting, construction, enlargement, alteration, repair, improving, removal, conversion, demolition, occupancy, equipment, use, height, area and maintenance of all buildings and structures in the city, hereby adopts the following codes by reference and the amendment to these codes as set forth in Chapters 13.04 of the Aliso Viejo Municipal Code:

13.04.005 Adoption of the 2022 Edition of the California Fire Code.

Except as hereinafter provided, the 2022 Edition of the California Fire Code, including Chapter 1 and Appendices B, BB, C, CC, based on the 2018 Edition of the International Fire Code, as published by the International Code Council, is hereby adopted by the city of Aliso Viejo for the purpose of prescribing regulations governing conditions hazardous to life and property from fire and explosion hazards, save and except such portions as are hereinafter added, deleted, modified or amended. One copy of all the above is now on file in the office of the clerk for public inspection. This code is adopted with the same force and effect as though set out herein in full.
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13.04.010 Chapter 1, Scope and Administration, amended. 110.4 Violation penalties. Persons who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or shall fail to comply with any issued orders or notices or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the fire code official, or of a permit or certificate used under provisions of this code, shall be subject to penalties assessed as prescribed in the OCFA Prevention Field Services adopted fee schedule. Each day that a violation continues after due notice has been served shall be deemed a separate offense.

SECTION 110.4.2 Infraction and misdemeanor, is hereby added as follows:
110.4.2 Infraction and misdemeanor. Persons operating or maintaining any occupancy, premises or vehicle subject to this code that shall permit any fire or life safety hazard to exist on premises under their control shall be guilty of an infraction. Persons who fail to take immediate action to abate a fire or life safety hazard when ordered or notified to do so by the chief or a duly authorized representative are guilty of a misdemeanor.

13.04.020 Chapter 2, Definitions, amended.

SECTIONS 202 General Definitions is hereby revised by adding “OCFA” and “Spark Arrester” as follows:
202 General Definitions
OCFA: Orange County Fire Authority, fire authority having jurisdiction.

SPARK ARRESTER. A listed device constructed of noncombustible material specifically for the purpose of meeting one of the following conditions:

1. Removing and retaining carbon and other flammable particles/debris from the exhaust flow of an internal combustion engine in accordance with California Vehicle Code Section 38366.

2. Fireplaces that burn solid fuel in accordance with California Building Code Chapter 28.

13.04.030 Chapter 3, General Requirements, amended.

Chapter 3 General Requirements. Adopt Chapter 3 in its entirety, with the exception of Sections 308.1.4, 311.5 through 311.5.5, 318, and 319, and with the following amendments:
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SECTION 304.1.2 Vegetation is hereby revised as follows:
304.1.2 Vegetation. Weeds, grass, vines or other growth that is capable of being ignited and endangering property, shall be cut down and removed by the owner or occupant of the premises. Vegetation clearance requirement in urban-wildland interface areas shall be in accordance with Chapter 49. Type, amount, arrangement, and maintenance of vegetation in a fuel modification area, interior slope, or similarly hazardous area shall be in accordance with OCFA Guideline C-05 “Vegetation Management Guideline—Technical Design for New Construction, Fuel Modification Plans, and Maintenance Program.”
SECTION 305.6 Hazardous Conditions is hereby added as follows:

SECTION 305.6 Hazardous conditions. Outdoor fires burning wood or other solid fuel are not allowed when any of the following conditions applies:

1. When predicted sustained winds exceed 8 MPH and relative humidity is less than 25%, or a red flag condition has been declared.

2. When an official sign was caused to be posted by the fire code official, or a public announcement is made.

No outdoor fires using any fuel type are permitted when predicted sustained winds exceed 20 MPH or when such fires present a hazard as determined by the fire code official.

SECTION 305.7 Disposal of rubbish is hereby added as follows:
305.7 Disposal of rubbish. Rubbish, trash or combustible waste material shall be burned only within an approved incinerator and in accordance with Section 307.2.1.

Section 307 OPEN BURNING, RECREATIONAL FIRES AND PORTABLE OUTDOOR FIREPLACES is hereby revised as follows:

SECTION 307 OPEN BURNING, RECREATIONAL FIRES, FIRE PITS, FIRE

RINGS, AND PORTABLE OUTDOOR FIREPLACES
Sections 307.6 Outdoor Fireplaces, Fire Pits, Fire Rings, or similar devices used at Group R Occupancies is hereby added as follows:
307.6 Outdoor Fireplaces, Fire Pits, Fire Rings, or similar devices used at Group R Occupancies. Outdoor fireplaces, fire pits, fire rings, or similar exterior devices used at Group R occupancies shall comply with this section. 81

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Exception: Barbeques, grills, and other portable devices intended solely for cooking.

SECTION 307.6.1 Gas-fueled devices is hereby added as follows:
307.6.1 Gas-fueled devices. Outdoor fireplaces, fire pits and similar devices fueled by natural gas or liquefied-petroleum gas are allowed when approved by the Building Department and the device is designed to only burn a gas flame and not wood or other solid fuel. At R-3 occupancies, combustible construction and vegetation shall not be located within three feet of an atmospheric column that extends vertically from the perimeter of the device. At other R occupancies, the minimum distance shall be ten feet. Where a permanent Building Department approved hood and vent is installed, combustible construction may encroach upon this column between the bottom of the hood and the vent opening. Where chimneys or vents are installed, they shall have a spark arrester as defined in Section 202.

Section 307.6.2 Devices using wood or fuels other than natural gas or liquefied- petroleum gas is hereby added as follows:
307.6.2 Devices using wood or fuels other than natural gas or liquefied- petroleum gas. Permanent outdoor fireplaces burning wood or other solid fuel shall be constructed in accordance with the California Building Code with clearance from combustible construction and building openings as required therein. Fires in a fireplace shall be contained within a firebox with an attached chimney. The opening in the face of the firebox shall have an installed and maintained method of arresting sparks.

The burning of wood or other solid fuel in a device is not allowed within 25 feet of combustible structures unless within an approved permanent fireplace, Conditions which could cause a fire to spread within 25 feet of a structure or to vegetation shall be eliminated prior to ignition. Fires in devices burning wood or solid fuel shall be in accordance with Sections 305, 307, and 308.

Exceptions:

1. Portable fireplaces and fire rings/pits equipped with a device to arrest sparks shall be located at least 3 feet from combustible construction at R-3 occupancies,

2. Portable fireplaces, and fire pits/rings equipped with a device to arrest sparks, shall be located at least 15 feet from combustible structures at other R occupancies.
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Section 307.6.2.1 Where prohibited, is hereby added as follows:
307.6.2.1 Where prohibited. The burning of wood and other solid fuels shall not be conducted within a fuel modification zone, Wildfire Risk Area (WRA), Wildland-Urban Interface Area (WUI), or in locations where conditions could cause the spread of fire to the WRA or WUI.

Exceptions:

1. Permanent fireplaces that are not located in a fuel modification zone.

2. Where determined by the Fire Code Official that the location or design of the device should reasonably prevent the start of a wildfire.

Section 308.1.6.3 Sky lanterns is hereby revised as follows:
308.1.6.3 Sky lanterns. A person shall not ignite, release, or cause to be released a sky lantern.

Section 321 Fuel Modification Requirements for New Construction is hereby added as follows:
321 Fuel Modification Requirements for New Construction. All new structures and facilities adjoining land containing hazardous combustible vegetation shall be approved and in accordance with the requirements of OCFA Guideline C-05 “Vegetation Management Guideline – Technical Design for New Construction Fuel Modification Plans and Maintenance Program.” Section 322 Clearance of brush or vegetation growth from roadways is hereby added as follows:
322 Clearance of brush or vegetation growth from roadways. The fire code official is authorized to cause areas within 10 feet (3048 mm) on each side of portions of highways and private streets which are improved, designed or ordinarily used for vehicular traffic, to be cleared of flammable vegetation and other combustible growth. Measurement shall be from the flow-line or the end of the improved edge of the roadway surfaces.

Exception: Single specimens of trees, ornamental shrubbery or cultivated ground cover such as green grass, ivy, succulents or similar plants used as ground covers, provided that they do not form a means of readily transmitting fire.

Section 323 Unusual Circumstances is hereby added as follows:
323 Unusual circumstances. The fire code official may suspend enforcement of the vegetation management requirements and require reasonable 83

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alternative measures designed to advance the purpose of this code if determined that in any specific case that any of the following conditions exist:

1. Difficult terrain.

2. Danger of erosion.

3. Presence of plants included in any state and federal resources agencies, California Native Plant Society and county-approved list of wildlife, plants, rare, endangered and/or threatened species.

4. Stands or groves of trees or heritage trees.

5. Other unusual circumstances that make strict compliance with the clearance of vegetation provisions undesirable or impractical.

Section 324 Use of Equipment is hereby added as follows:
324 Use of equipment. Except as otherwise provided in this section, no person shall use, operate, or cause to be operated in, upon or adjoining any hazardous fire area any internal combustion engine which uses hydrocarbon fuels, unless the engine is equipped with a spark arrester as defined in Section 202 maintained in effective working order, or the engine is constructed, equipped and maintained for the prevention of fire.

Exceptions:

1. Engines used to provide motor power for trucks, truck tractors, buses, and passenger vehicles, except motorcycles, are not subject to this section if the exhaust system is equipped with a muffler as defined in the Vehicle Code of the State of California.

2. Turbocharged engines are not subject to this section if all exhausted gases pass through the rotating turbine wheel, there is no exhaust bypass to the atmosphere, and the turbocharger is in good mechanical condition.

Section 324.1 Use of Equipment and Devices Generating Heat, Sparks or Open Flames is hereby added as follows:
324.1 Equipment and devices generating heat, sparks or open flames. During any time of the year within Wildfire Risk Areas, within or immediately adjacent to any forest- or brush-covered land or non-irrigated grass-covered land, no person shall use or operate any welding equipment, cutting torches, tar pots, grinding devices, or other tools or equipment that may produce a spark, fire, or flame that could result in a wildfire without doing the following:
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1. First clearing away all flammable material, including snags, from the area around such operation for a distance of 30 feet or other approved method to reduce fire spread into the wildlands. If 30-foot clearing cannot be achieved, then an alternate method shall be approved by the AHJ prior to work starting.

2. Maintain one serviceable round point shovel with an overall length of not less than 46 inches and one backpack pump water-type fire extinguisher fully equipped and ready for use at the immediate area during the operation.

3. Stop work when winds are 8 MPH or greater during periods when relative humidity is less than 25%, or a red flag condition has been declared or public announcement is made, when an official sign was caused to be posted by the fire code official, or when such fires present a hazard as determined by the fire code official.

4. Keep a cell phone nearby and call 911 immediate in case of fire.

Section 324.2 Spark Arresters is hereby added as follows:
324.2 Spark arresters. Spark arresters shall comply with Section 202, and when affixed to the exhaust system of engines or vehicles subject to Section 324 shall not be placed or mounted in such a manner as to allow flames or heat from the exhaust system to ignite any flammable material.

13.04.040 Chapter 4, Emergency Planning and Preparedness, amended.

Chapter 4: Emergency Planning and Preparedness . Adopt only the sections , subsections, and amendment listed below:
401 – 401.9
402
403.2
403.5 – 403.5.4
403.10.2.1.1
403.13 – 403.13.3
404.5 – 404.6.6
407
Section 407.5 is revised as follows:
407.5 Hazardous Materials Inventory Statement. Where required by the fire code official, each application for a permit shall OCFA’s Chemical Classification Packet in accordance with Section 5001.5.2. 85

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13.04.050 Chapter 5, Fire Service Features, amended.

Chapter 5 Fire Service Features is adopted in its entirety with the following amendments:

SECTION 501.1 Scope is revised as follows:
501.1 Scope. Fire service features for buildings, structures and premises shall comply with this chapter and, where required by the fire code official, with OCFA Guideline B-09, “Fire Master Plan for Commercial & Residential Development.” Fire service features for buildings, structures and premises located in State Responsibility Areas, and Local Responsibility Areas designated as Very High Hazard Fire Severity Zone shall also comply with OCFA Guideline B-09a, “Fire Safe Development in State Responsibility Areas, and Local Responsibility Areas designated as Very High Hazard Fire Severity Zone.”
Section 510.1 Emergency responder radio coverage in new buildings is revised as follows:
510.1 Emergency responder radio coverage in new buildings. All new buildings shall have approved radio coverage for emergency responders within the building based upon the existing coverage levels of the public safety communication systems utilized by the jurisdiction, measured at the exterior of the building. This section shall not require improvement of the existing public safety communication systems. he Emergency Responder Radio Coverage System shall comply with the Orange County Sheriff’s Department, Communications and Technology Division guidelines and specifications and, where the functionality or performance requirements in the California Fire Code are more stringent, this code.

Exceptions:

1. In buildings or structures where it is determined by the fire code official that the radio coverage system is not needed, including but not limited to the following:
a. Existing buildings or structures, unless required by the Building Official and OCFA for buildings and structures undergoing extensive remodel and/or expansion.
b. Elevators.
c. Structures that meet all of the following:
i. Three stories or less, and
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ii. Do not have subterranean storage or parking, and
iii. Do not exceed 50,000 square feet on any single story. d. Structures that meet all of the following:
i. Residential structures four stories or less, and
ii. Constructed of wood, and
iii. Do not have subterranean storage or parking, and
iv. Are not built integral to an above ground multi-story parking structure.

Should a structure that is three stories or less and 50,000 square feet or smaller on any single story include subterranean storage or parking, then this ordinance shall apply only to the subterranean areas.

2. In facilities where emergency responder radio coverage is required and such systems, components or equipment required could have a negative impact on the normal operations of the facility, the fire code official shall have the authority to accept an automatically activated emergency radio coverage system.

Section 510.2 Emergency responder radio coverage in existing buildings is deleted without replacement:

Section 510.3 Permit required is deleted without replacement.

13.04.070 Chapter 9, Fire Protection and Life Safety Systems, amended.

Adopt Chapter 9 Fire Protection and Life Safety Systems is adopted in its entirety with the following amendments:

Section 903.2 Where required is hereby revised as follows:
903.2 Where required. Approved automatic sprinkler systems in buildings and structures shall be provided when one of the following conditions exists:

1. New Buildings: Notwithstanding any applicable provisions of Sections 903.2.1 through 903.2.19 an automatic fire-extinguishing system shall also be installed in all occupancies when the total building area exceeds 5,000 square feet (465 m2) as defined in Section 202, regardless of fire areas or allowable area, or is more than two stories in height.

Exception: Subject to approval by the Fire Code Official, open parking garages in accordance with Section 406.5 of the California Building Code.

2. Existing Buildings: Notwithstanding any applicable provisions of this code, 87

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an automatic sprinkler system shall be provided in an existing building when an addition occurs and when one of the following conditions exists:
a. When an addition is 33% or more of the existing building area, and the resulting building area exceeds 5,000 square feet.
b. When an addition exceeds 2,000 square feet and the resulting building area exceeds 5,000 square feet.
c. An additional story is added above the second floor regardless of fire areas or allowable area.

Exception: Additions to Group R-3 occupancies shall comply with Section 903.2.8 (2).
903.2.8 Group R. An automatic sprinkler system installed in accordance with Section 903.3 shall be provided throughout all buildings with a Group R fire area as follows:

1. New Buildings: An automatic sprinkler system shall be installed throughout all new buildings.

2. Existing R-3 Buildings: An automatic sprinkler system shall be installed throughout when one of the following conditions exists:
a. When an addition is 33% or more of the existing building area as defined in Section 202, and the final area > 3600 sq./ft, within a two-year period, or,
b. An addition when the existing building is already provided with automatic sprinklers; or,
c. When an existing Group R Occupancy is being substantially renovated, and where the scope of the renovation is such that the Building Code Official determines that the complexity of installing a sprinkler system would be similar as in a new building. d. When not used in accordance with Section 504.2 or 506.3 of the California Building Code, an automatic sprinkler system installed in accordance with Section 903.3.1.2 shall be allowed in Group R-2.1 occupancies.
e. An automatic sprinkler system designed in accordance with Section 903.3.1.3 shall not be utilized in Group R-2.1 or R-4 occupancies. 88

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Exceptions:

1. Existing Group R-3 occupancies converted to Group R-3.1 occupancies and not housing bedridden clients, not housing non- ambulatory clients above the first floor, and not housing clients above the second floor.

2. Existing Group R-3 occupancies converted to Group R-3.1 occupancies housing only one bedridden client and complying with Section 435.8.3.3 of the California Building Code.

Section 903.3.5.3 Hydraulically calculated systems is hereby added as follows:
903.3.5.3 Hydraulically calculated systems. The design of hydraulically calculated fire sprinkler systems shall not exceed 90% of the water supply capacity.

Exception: When static pressure exceeds 100 psi, and when required by the fire code official, the fire sprinkler system shall not exceed the water supply capacity specified by Table 903.3.5.3.
90100 110 120 130 140 150 PSI 85 80
75 Design %
TABLE 903.3.5.3
Hydraulically Calculated Systems
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13.04.080 Chapter 11, Construction Requirements for Existing Buildings, amended.

Chapter 11 Construction Requirements for Existing Buildings. Adopt only those sections and subsections listed below:
1103.7
1103.7.3
1103.7.3.1
1103.7.8 – 1103.7.8.2
1103.7.9 – 1103.7.9.10
1103.8 – 1103.8.5.3
1103.9.1
1107
1113
1114
1115
1116

13.04.085 Chapter 12, Energy Systems, amended.

Chapter 12 Energy Systems is adopted in its entirety with the following amendment added:
1201.1.1 Other Systems Where required by the fire code official, other systems and operations including but not limited to battery systems assembly, battery reconditioning and storage, research and development of battery storage systems, electric vehicle manufacturing and testing, and battery charging systems for cars and carts inside of buildings or structures, shall comply with this chapter.

Exception: When approved by the fire code official, charging stations for electric vehicles located in open parking garages of Type I or II construction.

13.04.100 Chapter 28, Lumber Yards and Agro-Industrial, Solid Biomass and Woodworking Facilities, amended.

Chapter 28, Lumber Yards and Woodworking Facilities, is hereby amended as follows:

SECTION 2801.2, Permit, is hereby revised by adding the following statement to the last sentence:
2801.2 Permit. Permits shall be required as set forth in Section 105.6.

SECTION 2808.2, Storage site, is hereby revised as follows:
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2808.2 Storage site. Storage sites shall be level and on solid ground or other all-weather surface. Sites shall be thoroughly cleaned and approval from the fire code official obtained before transferring products to the site.

SECTION 2808.3, Size of piles, is hereby revised as follows:
2808.3 Size of piles. Piles shall not exceed 15 feet (4572 mm) in height, 50 feet (15 240 mm) in width and 100 feet (30 480 mm) in length.

Exception: The fire code official is authorized to allow the pile size to be increased where a fire protection plan is provided for approval that includes, but is not limited to, the following:

1. Storage yard areas and materials-handling equipment selection, design and arrangement shall be based upon sound fire prevention and protection principles.

2. Factor that lead to spontaneous heating shall be identified in the plan, and control of the various factors shall be identified and implemented, including provisions for monitoring the internal condition of the pile.

3. The plan shall include means for early fire detection and reporting to the public fire department; and facilities needed by the fire department for fire extinguishment including a water supply and fire hydrants.

4. Fire apparatus access roads around the piles and access roads to the top of the piles shall be established, identified and maintained.

5. Regular yard inspections by trained personnel shall be included as part of an effective fire prevention maintenance program.

Additional fire protection called for in the plan shall be provided and shall be installed in accordance with this code. The increase of the pile size shall be based upon the capabilities of the installed fire protection system and features.

SECTION 2808.4, Pile Separation is hereby revised to read as follows:
2808.4 Pile separation. Piles shall be separated from adjacent piles by minimum distance of 20 feet. Additionally, piles shall have a minimum separation of 100 feet from combustible vegetation.

SECTION 2808.7, Pile fire protection, is hereby revised to read as follows:
2808.7 Pile fire protection. Automatic sprinkler protection shall be provided in conveyor tunnels and combustible enclosures that pass under a pile.

Combustible conveyor systems and enclosed conveyor systems shall be 91

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equipped with an approved automatic sprinkler system. Oscillating sprinklers with a sufficient projectile reach are required to maintain a 40% to 60% moisture content and wet down burning/smoldering areas.

SECTION 2808.9, Material-handling equipment, is hereby revised by adding the following sentence at the beginning of the section:
2808.9 Material-handling equipment. All material handling equipment operated by an internal combustion engine shall be provided and maintained with an approved spark arrester. Approved material-handling equipment shall be available for moving wood chips, hogged material, wood fines and raw product during fire-fighting operations.

SECTION 2808.11, Temperature control, is hereby added as follows:
2808.11 Temperature control. The temperature shall be monitored and maintained as specified in Sections 2808.11.1 and 2808.11.2.

SECTION 2808.11.1, Pile temperature control, is hereby added as follows:
2808.11.1 Pile temperature control. Piles shall be rotated when the internal temperature readings are in excess of 165 degrees Fahrenheit.

SECTION 2808.11.2, New material temperature control, is hereby added as follows:
2808.11.2 New material temperature control. New loads delivered to the facility shall be inspected and tested at the facility entry prior to taking delivery. Material with temperature exceeding 165 degrees Fahrenheit shall not be accepted on the site. New loads shall be monitored to verify that the temperature remains stable.

SECTION 2808.12, Water availability, is hereby added as follows:
2808.12 Water Availability. Facilities with over 2500 cubic feet shall provide a water supply. The minimum fire flow shall be no less than 500 GPM @ 20 psi for a minimum of 1-hour duration for pile heights up to 6 feet and 2-hour duration for pile heights over 6 feet. If there is no water purveyor, an alternate water supply with storage tank(s) shall be provided for fire suppression. The water supply tank(s) shall provide a minimum capacity of 2500 gallons per pile (maximum 30,000 gallons) for piles not exceeding 6 feet in height and 5000 gallons per pile (maximum 60,000) for piles exceeding 6 feet in height. Water tank(s) shall not be used for any other purpose unless the required fire flow is left in reserve within the tank at all times. An approved method shall be provided to maintain the required amount of water within the tank(s).
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SECTION 2808.13, Tipping area, is hereby added as follows:
2808.13 Tipping areas shall comply with the following:

1. Tipping areas shall not exceed a maximum area of 50 feet by 50 feet.

2. Material within a tipping area shall not exceed 5 feet in height at any time.

3. Tipping areas shall be separated from all piles by a 20-foot-wide fire access lane.

4. A fire hydrant or approved fire water supply outlet shall be located within 150 feet of all points along the perimeter of the tipping area.

5. All material within a tipping area shall be processed within 5 days of receipt.

SECTION 2808.14, Emergency Contact, is hereby added as follows:
2808.14 Emergency Contact. The contact information of a responsible person or persons shall be provided to the Fire Department and shall be posted at the entrance to the facility for responding units. The responsible party should be available to respond to the business in an emergency situation.

13.04.110 Chapter 49, Requirements for Wildland-Urban Interface Fire Areas, amended.

Chapter 49, Requirements for Wildland-Urban Interface Fire Areas, is hereby amended as follows:

Section 4906.3, Requirements, is hereby revised to read as follows:
4906.3 Requirements. Hazardous vegetation and fuels around all applicable buildings and structure shall be maintained in accordance with the following laws and regulations:

1. Public Resources Code, Section 4291.

2. California Code of Regulations, Title 14, Division 1.5, Chapter 7, Subchapter 3, Section 1299 (see guidance for implementation “General Guideline to Create Defensible Space”).

3. California Government Code, Section 51182.
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4. California Code of Regulations, Title 19, Division 1, Chapter 7, Subchapter 1, Section 3.07.

5. OCFA Guideline C-05 “Vegetation Management Guideline – Technical Design for New Construction Fuel Modification Plans and Maintenance Program.”
SECTION 4908, Fuel Modification Requirements for New Construction, is hereby added as follows:
4908 Fuel Modification Requirements for New Construction. All new buildings to be built or installed in a Wildfire Risk Area shall comply with the following:

1. Preliminary fuel modification plans shall be submitted to and approved by the fire code official prior to or concurrently with the approval of any tentative map.

2. Final fuel modification plans shall be submitted to and approved by the fire code official prior to the issuance of a grading permit.

3. The fuel modification plans shall meet the criteria set forth in the Fuel Modification Section of OCFA Guideline C-05 “Vegetation Management Guideline – Technical Design for New Construction Fuel Modification Plans and Maintenance Program.” The fuel modification plan shall include provisions for the maintenance of the fuel modification in perpetuity.

4. The fuel modification plan may be altered if conditions change. Any alterations to the fuel modification areas shall have prior approval from the fire code official.

5. All elements of the fuel modification plan shall be maintained in accordance with the approved plan and are subject to the enforcement process outlined in the Fire Code.

SECTION 4909, Explosives and Blasting, is hereby added as follows:

Section 4909 Explosives and Blasting. Explosives shall not be possessed, kept, stored, sold, offered for sale, given away, used, discharged, transported or disposed of within wildland-urban interface areas, or hazardous fire areas except by permit from the fire code official. 94

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13.04.120 Chapter 50, Hazardous Materials – General Provisions, amended.

Chapter 50, Hazardous Materials – General Provisions, is adopted in its entirety with the following amendments.

SECTION 5001.5.2, Hazardous Materials Inventory Statement (HMIS), is hereby amended by modifying the first paragraph as follows:
5001.5.2 Hazardous Materials Inventory Statement (HMIS). Where required by the fire code official, an application for a permit shall include Orange County Fire Authority’s Chemical Classification Packet, which shall be completed and approved prior to approval of plans, and/or the storage, use or handling of chemicals on the premises. The Chemical Classification Packet shall include the following information:

1. Product Name;

2. Component;

3. Chemical Abstract Service (CAS) number;

4. Location where stored or used;

5. Container size;

6. Hazard classification;

7. Amount in storage;

8. Amount in use-closed systems;

9. Amount in use-open systems.

SECTION 5003.1.1.1, Extremely Hazardous Substances, is hereby added as follows:
5003.1.1.1 Extremely Hazardous Substances. No person shall use or store any amount of extremely hazardous substances (EHS) in excess of the disclosable amounts (see Health and Safety Code Section 25500 et al) in a residential zoned or any residentially developed property.

13.04.130 Chapter 55, Cryogenic Fluids, adopted.

Chapter 55, Cryogenic Fluids, is adopted in its entirety without amendments.

13.04.140 Chapter 56, Explosives and Fireworks, amended. 95

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Chapter 56, Explosives and Fireworks, is hereby amended as follows:

SECTION 5608.2, Firing, is hereby added as follows:
5608.2 Firing. All fireworks displays, regardless of mortar, device, or shell size, shall be electrically fired.

SECTION 5608.3, Application for Permit, is hereby added as follows Section 5608.3 Application for Permit. A diagram of the grounds on which the display is to be held showing the point at which the fireworks are to be discharged, the fallout area based on 100 feet per inch of shell size, the location of all buildings, roads, and other means of transportation, the lines behind which the audience will be restrained, the location of all nearby trees, telegraph or telephone line, or other overhead obstructions shall be provided to OCFA.

13.04.150 Chapter 57, Flammable and Combustible Liquids, adopted.

Chapter 57, Flammable and Combustible Liquids, is adopted in its entirety without amendments.

13.04.160 Chapter 60, Highly Toxic and Toxic Materials, adopted.

Chapter 60, Highly Toxic and Toxic Materials, is adopted in its entirety without any amendments.

13.04.170 Chapter 80, Referenced Standards, amended.

Chapter 80, Referenced Standards, is hereby amended as follows:

NFPA 13, 2016 Edition, Standard for the Installation of Sprinkler Systems, is hereby amended as follows:

SECTION 6.7.3 is hereby revised as follows:

6.7.3 Fire department connections (FDC) shall be of an approved type. The FDC shall contain a minimum of two 2 1/2 inch inlets. The location shall be approved and be no more than 150 feet from a public hydrant. The FDC may be located within 150 feet of a private fire hydrant when approved by the fire code official. The size of piping and the number of inlets shall be approved by the fire code official. If acceptable to the water authority, it may be installed on the backflow assembly. Fire department inlet connections shall be painted OSHA safety red. When the fire sprinkler density design requires 500 gpm 96

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(including inside hose stream demand) or greater, or a standpipe system is included, four 2 1/2 inch inlets shall be provided.

SECTION 8.3.3.1 is hereby revised as follows:

8.3.3.1. When fire sprinkler systems are installed in shell buildings of undetermined use (Spec Buildings) other than warehouses (S occupancies), fire sprinklers of the quick-response type shall be used. Use is considered undetermined if a specific tenant/occupant is not identified at the time the fire sprinkler plan is submitted.

Sprinklers in light hazard occupancies shall be one of the following:

1. Quick-response type as defined in 3.6.4.8;

2. Residential sprinklers in accordance with the requirements of

8.4.5;

3. Quick response CMSA sprinklers;

4. SFR sprinklers;

5. Standard-response sprinklers used for modifications or additions to existing light hazard systems equipped with standard-response sprinklers;

6. Standard-response sprinklers used where individual standard- response sprinklers are replaced in existing light hazard systems.

SECTION 11.1.1.1 is hereby added as follows:

11.1.1.1 When fire sprinkler systems are required in buildings of undetermined use other than warehouses, they shall be designed and installed to have a fire sprinkler density of not less than that required for an Ordinary Hazard Group 2 use, with no reduction(s) in density or design area. Warehouse fire sprinkler systems shall be designed to Figure 16.2.1.3.2(d) curve “G”. Use is considered undetermined if a specific tenant/occupant is not identified at the time the sprinkler plan is submitted. Where a subsequent occupancy requires a system with greater capability, it shall be the responsibility of the occupant to upgrade the system to the required density for the new occupancy.
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SECTION 11.2.3.1.1.1 is hereby added as follows:

11.2.3.1.1.1 The available water supply for fire sprinkler system design shall be determined by one of the following methods, as approved by the Fire Code Official:

1. Subtract the project site elevation from the low water level for the appropriate pressure zone and multiply the result by 0.433;

2. Use a maximum of 40 psi, if available;

3. Utilize the Orange County Fire Authority water-flow test form/directions to document a flow test conducted by the local water agency or an approved third party licensed in the State of California.

NFPA 13D, 2016 Edition, Standard for the Installation of Sprinkler Systems in One- and Two-Family Dwellings and Manufactured Homes is hereby amended as follows:

SECTION 7.1.2 is hereby revised as follows:

7.1.2 The system piping shall not have a separate control valve unless supervised by a central station, proprietary, or remote station alarm service.

NFPA 14, 2016 Edition, Installation of Standpipe and Hose Systems, is hereby amended as follows:

SECTION 7.3.1.1 is hereby deleted in its entirety and replaced as follows:

7.3.1.1 Class I and III Standpipe hose connections shall be unobstructed and shall be located not less than 18 inches or more than 24 inches above the finished floor. Class II Standpipe hose connections shall be unobstructed and shall be located not less than 3 feet or more than 5 feet above the finished floor.

NFPA 24, 2016 Edition, Standard for the Installation of Private Fire Service Mains and Their Appurtenances, is hereby amended as follows:

SECTION 6.2.8.1 is hereby added as follows:

6.2.8.1 All indicating valves controlling fire suppression water supplies shall be painted OSHA red.
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Exceptions:

1. Brass or bronze valves on sprinkler risers mounted to the exterior of the building may be left unpainted.

2. Where OS&Y valves on the detector check assembly are the only control valves, at least one OS&Y valve shall be painted red.

SECTION 6.2.9 is hereby revised to read as follows:

6.2.9 All connections to private fire service mains for fire protection systems shall be arranged in accordance with one of the following so that they can be isolated:

1. A post indicator valve installed not less than 40 feet (12 meters) from the building
a. For buildings less than 40 feet (12 meters) in height, a post indicator valve shall be permitted to be installed closer than 40 feet (12 meters) but at least as far from the building as the height of the wall facing the post indicator valve.

2. A wall post indicator valve.

3. An indicating valve in a pit, installed in accordance with Section

6.4. 4. A backflow preventer with at least one indicating valve not less than 40 feet (12 meters) from the building.
a. For buildings less than 40 feet (12 meters) in height, a backflow preventer with at least one indicating valve shall be permitted to be installed closer than 40 feet (12 meters) but at least as far from the building as the height of the wall facing the backflow preventer.

5. Control valves installed in a fire-rated room accessible from the exterior.

6. Control valves in a fire-rated stair enclosure accessible from the exterior
SECTION 10.1.5 IS HEREBY ADDED AS FOLLOWS:

10.1.5 All ferrous pipe and joints shall be polyethylene encased per AWWA C150, Method A, B, or C. All fittings shall be protected with a loose 8-mil polyethylene tube or sheet. The ends of the tube or sheet 99

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shall extend past the joint by a minimum of 12 inches and be sealed with 2-inch wide tape approved for underground use. Galvanizing does not meet the requirements of this section.

Exception: 304 or 316 Stainless Steel pipe and fittings SECTION 10.4.1.1 is hereby revised as follows:

10.4.1.1 All bolted joint accessories shall be cleaned and thoroughly coated with asphalt or other corrosion-retarding material after installation.

Exception: Bolted joint accessories made from 304 or 316 stainless steel.

SECTION 10.4.1.1.1 is hereby added as follows:

10.4.1.1.1 All bolts used in pipe-joint assembly shall be 316 stainless steel.

SECTION 10.4.3.2 is hereby deleted and replaced as follows:

10.4.3.2 Where fire service mains enter the building adjacent to the foundation, the pipe may run under a building to a maximum of 24 inches, as measured from the interior face of the exterior wall to the center of the vertical pipe. The pipe under the building or building foundation shall be 304 or 316 stainless steel and shall not contain mechanical joints or it shall comply with 10.6.2.

13.04.180 Appendices
Appendix A is deleted in its entirety without amendments.

Appendix B is adopted in its entirety without amendments.

Appendix BB is adopted in its entirety without amendments.

Appendix C is adopted in its entirety without amendments.

Appendix CC is adopted in its entirety without amendments.

Appendix D is deleted in its entirety without amendments.

Appendix E is deleted in its entirety without amendments.

Appendix F is deleted in its entirety without amendments. 100

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Appendix G is deleted in its entirety without amendments.

Appendix H is adopted in its entirety without amendments.

Appendix I is deleted in its entirety without amendments.

Appendix J is deleted in its entirety without amendments.

Appendix K is deleted in its entirety without amendments.

Appendix L is deleted in its entirety without amendments.

Appendix M is deleted in its entirety without amendments.

Appendix N is deleted in its entirety without amendments.

SECTION 7. Effective Date. This ordinance and all codes referenced in this ordinance shall take effect upon the later of (1) 30 days from the adoption of this ordinance or (2) January 1, 2023.

SECTION 8. Repeal of Conflicting Ordinances. Upon the effective date of this ordinance, all former ordinances or parts thereof that conflict with or are inconsistent with the provisions of this ordinance or of the 2022 California Building Standards Code, as adopted and amended herein, are hereby repealed.

SECTION 9. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this ordinance, is for any reason held to be invalid or unconstitutional by the decision of any court or competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have adopted this ordinance, and each section, subsection, subdivision, sentence, clause, phrases, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof, be declared invalid or unconstitutional.

SECTION 10. City Clerk’s Certification. The City Clerk shall certify to the adoption of this Ordinance and cause the same to be posted at the duty designated posting places within the City and published once within fifteen days after passage and adoption as required by law; or, in the alternative, the City Clerk may cause to be published a summary of this Ordinance in the Office of the City Clerk five days prior to the date of adoption of this Ordinance, and, within fifteen days after adoption, the City Clerk shall cause to be published the aforementioned summary and shall post a certified copy of this Ordinance, together with the vote for and against the same, in the Office of the City Clerk.
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PASSED, APPROVED AND ADOPTED this _____ day of _______________, 2022. __________________________
Ross Chun
Mayor
APPROVED AS TO FORM: ATTEST:

__________________________ __________________________
Scott C. Smith, City Attorney Mitzi Ortiz, MMC, City Clerk 102

Page 53 of 53 ends

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.

CITY OF ALISO VIEJO )
I, MITZI ORTIZ, City Clerk of the City of Aliso Viejo, California, DO HEREBY CERTIFY that foregoing Ordinance No. 2022_____ was duly passed and adopted by the City Council of the City of Aliso Viejo at their regular meeting held on the _____ day of ______________, 2022, by the following roll call vote, to wit:

AYES:

NOES:

ABSENT:
___________________________

MITZI ORTIZ, MMC

CITY CLERK
(SEAL)
I hereby certify that the foregoing is the original of Ordinance No. 2022-_____ duly passed and adopted by the Aliso Viejo City Council at its regular meeting held _______________, 2022 and that the Summary of the Ordinance was published on _______________ and _______________ in the Aliso Viejo News.
___________________________

MITZI ORTIZ, MMC

CITY CLERK
(SEAL)
103

Aliso Viejo City CouncilNovember 2, 2022

Aliso Viejo City Council
November 2, 2022