CEC Standard Grant Terms Exhibit C Recipient
e. Audit Cost
The Recipient will bear its cost of participating in any audit (e.g., mailing or travel expenses). The CEC will bear the cost of conducting the audit unless the audit reveals an error detrimental to the CEC that exceeds more than ten percent (10%) or $5,000 (whichever is greater) of the amount audited. The Recipient will pay the refund as specified in subsection (d), and will reimburse the CEC for reasonable costs and expenses incurred by the CEC in conducting the audit.
f. Match or Cost Share
If the budget includes a match share requirement, the Recipient’s commitment of resources, as described in this Agreement, is a required expenditure for receipt of CEC funds. The funds will be released only if the required match percentages are expended concurrently or in advance of the CEC funds. The Commission Agreement Manager, in writing and with supervisor approval, can authorize a Recipient to spend CEC funds in advance of Match Funds pursuant to a Match Fund Spending Plan. The Plan must estimate how Match funds and CEC funds will be spent over each quarter and briefly explain why it is not practical to spend Match Funds concurrent with CEC funds. While this term allows flexibility, the Recipient agrees to spend the agreed match as soon as practical during the Agreement in order to resume proportionality between CEC funds and Match funds spent. The Recipient must maintain accounting records detailing the expenditure of the match (actual cash and in-kind, non-cash services), and report on match share expenditures on its request for payment.
12. WORKERS' COMPENSATION INSURANCE
a. The Recipient warrants that it carries Worker's Compensation Insurance for all of its employees who will be engaged in the performance of this Agreement and agrees to furnish to the CAM satisfactory evidence of this insurance upon the CAM’s request.
b. If the Recipient is self-insured for worker's compensation, it warrants that the self-insurance is permissible under the laws of the State of California and agrees to furnish to the CAM satisfactory evidence of the insurance upon the CAM’s request.
13. PERMITS AND CLEARANCES
The Recipient is responsible for ensuring that all necessary permits and environmental documents are prepared and that clearances are obtained from the appropriate agencies.
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CEC Standard Grant Terms Exhibit C Recipient
14. EQUIPMENT
As between the Recipient and CEC, title to equipment acquired by the Recipient with grant funds will vest in the Recipient. The Recipient may use the equipment in the project or program for which it was acquired as long as needed, regardless of whether the project or program continues to be supported by grant funds.
However, the Recipient may not sell, lease, encumber the property (i.e., place a legal burden on the property such as a lien), or even transfer possession of it during the Agreement term without the CAM’s prior written approval.
The Recipient may refer to the applicable federal regulations incorporated by reference in this Agreement for guidance regarding additional equipment requirements.
15. STOP WORK
CEC staff may, at any time by written notice to the Recipient, require the Recipient to stop all or any part of the work tasks in this Agreement. Stop work orders may be issued for reasons such as a project exceeding budget, noncompliance with the standard of performance, out of scope work, project delays, and misrepresentations.
a. Compliance. Upon receipt of a stop work order, the Recipient must immediately take all necessary steps to comply with the order and to stop the incurrence of costs allocable to the CEC.
b. Canceling a Stop Work Order. The Recipient may resume the work only upon receipt of written instructions from CEC staff.
16. TERMINATION
a. Purpose
Because the CEC is a state entity and provides funding on behalf of all California ratepayers, it must be able to terminate the Agreement upon the default of the Recipient and to proceed with the work required under the Agreement in any manner it deems proper. The Recipient agrees that upon any of the events triggering the termination of the Agreement by the CEC, the CEC has the right to terminate the Agreement, and it would constitute bad faith of the Recipient to interfere with the immediate termination of the Agreement by the CEC.
b. With Cause
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CEC Standard Grant Terms Exhibit C Recipient
The CEC may, for cause, terminate this Agreement upon giving five (5) calendar days advance written notice to the Recipient. In this event, the Recipient will use all reasonable efforts to mitigate its expenses and obligations. The Recipient will relinquish possession of equipment purchased for this Agreement with CEC funds to the CEC, or the Recipient may purchase the equipment as provided by the terms of this Agreement or otherwise by the CEC, with approval of the CEC.
The term “for cause” includes but is not limited to the following:
• Partial or complete loss of match funds;
• Reorganization to a business entity unsatisfactory to the Energy Commission;
• Retention or hiring of Subrecipients or Vendors, or replacement or addition of personnel, that fail to perform to the standards and requirements of this Agreement;
• The Recipient’s inability to pay its debts as they become due and/or the Recipient’s default of an obligation that impacts its ability to perform under this Agreement; or
• Significant change in state or CEC policy such that the work or product being funded would not be supported by the Commission.
c. Without Cause
The CEC may terminate this Agreement without cause upon giving thirty (30) days advance written notice to the Recipient. In this event, the Recipient will use all reasonable efforts to mitigate its expenses and obligations.
d. Executive Order N-6-22 – Russia Sanctions
On On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6- 22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. The EO directs state agencies to terminate contracts with, and to refrain from entering any new contracts with, individuals or entities that are determined to be a target of Economic Sanctions. Accordingly, should the State determine Recipient is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for termination of this agreement. The State shall provide Recipient advance written notice of such termination, allowing Recipient at least 30 calendar days to provide a written response. Termination shall be at the sole discretion of the State.
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CEC Standard Grant Terms Exhibit C Recipient
17. INDEMNIFICATION
To the extent allowed under California law, the Recipient will indemnify, defend, and hold harmless the state (including the CEC) and state officers, agents, and employees from any and all claims and losses in connection with the performance of this Agreement.
18. CONFIDENTIAL RECIPIENT INFORMATION
a. Identification of Confidential Recipient Information 1) For the purposes of this Section, “Confidential Recipient Information” refers to information belonging to the Recipient that the Recipient has satisfactorily identified as confidential and the Energy Commission has agreed to designate as confidential under Title 20 California Code of Regulations Section 2505.
2) Prior to the effective date of this Agreement, the Recipient will identify all products (or information contained within products) it considers Confidential Recipient Information, and provide the legal basis for confidentiality, in Attachment 1 to this Exhibit. If the CEC agrees the information is confidential, it will not disclose it except as provided in subsection (b).
3) During the Agreement, if the Recipient obtains or develops additional products (or information contained within products) not originally identified as Confidential Recipient Information in Attachment 1 to this Exhibit, the Recipient will follow the procedures for a request for designation of confidential information as specified in Title 20 California Code of Regulations (CCR) Section 2505.
The CEC’s Executive Director will make the confidentiality determination. Such subsequent determinations may be added to the list of confidential deliverables in the Attachment 1 to this Exhibit. The CEC will not disclose information subject to an application for confidential designation except as provided in subsection (b).
4) When submitting products containing Confidential Recipient Information, the Recipient will mark each page of any document containing Confidential Recipient Information as “confidential” and present it in a sealed package to the Contracts, Grants, and Loans Office.
The CAM may require the Recipient to submit a non-confidential version of the product, if it is feasible to separate the Confidential Recipient Information from the non-confidential information. The Recipient is not required to submit such products in a sealed package.
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CEC Standard Grant Terms Exhibit C Recipient
b. Disclosure of Confidential Recipient Information
The CEC will only disclose Confidential Recipient Information under the circumstances specified in Title 20 CCR Sections 2506, 2507, and 2508.
All Confidential Recipient Information that is legally disclosed by the Recipient or any other entity will become a public record and will no longer be subject to the CEC’s confidentiality designation.
c. Waiver of Consequential Damages
In no event will the CEC, or the state of California be liable for any special, incidental, or consequential damages based on breach of warranty, breach of contract, negligence, strict tort, or any other legal theory for the disclosure of the Confidential Recipient Information, even if the CEC has been advised of the possibility of such damages.
Damages that the CEC, t and the state of California will not be responsible for include but are not limited to: lost profit; lost savings or revenue; lost goodwill; lost use of the product or any associated equipment; cost of capital; cost of any substitute equipment, facilities, or services; downtime; the claims of third parties including customers; and injury to property. d. Limitations on the Disclosure of Products
During the Agreement, the Recipient, Subrecipients, any lower-tiered level of Sub-Subrecipients, and Vendors must receive written approval from the CAM prior to disclosing the contents of any draft product to a third party.
However, if the CEC makes a public statement about the content of any product provided by the Recipient and the Recipient believes the statement is incorrect, the Recipient may state publicly what it believes is correct.
19. PRE-EXISTING AND INDEPENDENTLY FUNDED INTELLECTUAL PROPERTY [RESERVED]
20. INTELLECTUAL PROPERTY
a. Ownership
1) The Recipient owns all intellectual property, subject to the licenses described in subsection b.
“Intellectual property” means: (a) inventions, technologies, designs, drawings, data, software, formulas, compositions, processes, techniques, works of authorship, trademarks, service marks, and logos that are created, conceived, discovered, made, ATTACHMENT 3
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CEC Standard Grant Terms Exhibit C Recipient
developed, altered, or reduced to practice with Agreement or match funds during or after the Agreement term; (b) any associated proprietary rights to these items, such as patent and copyright; and (c) any upgrades or revisions to these items.
“Works of authorship” does not include written products created for Agreement reporting and management purposes, such as reports, summaries, lists, letters, agendas, schedules, and invoices. 2) The CEC owns all products identified in the Scope of Work, with the exception of products that fall within the definition of “intellectual property.”
“Product” means any tangible item specified for delivery to the CEC in the Scope of Work.
3) Nothing in this Agreement gives the Contractor any rights to “Confidential Information” and “Personal Information” as defined in Section 26, other than using Confidential Information and Personal Information for the limited purpose of performing Contractor’s work under this Agreement in accordance with Section 26.
b. Intellectual Property Licenses
1) The Recipient has a non-exclusive, non-transferable, irrevocable, worldwide, perpetual license to use, publish, translate, modify, and reproduce written products created for Agreement reporting and management purposes, such as reports and summaries.
2) If any intellectual property that is subject to the licenses above has been designated as confidential as specified in Section 18, all license holders will only disclose the intellectual property under the circumstances specified in Title 20 CCR Sections 2506, 2507, and 2508.
All license holders will ensure that their officers, employees, and subcontractors who have access to the intellectual property are informed of and abide by the disclosure limitations in Section 18. c. Energy Commission’s Rights to Inventions
“Invention” means intellectual property that is patentable.
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CEC Standard Grant Terms Exhibit C Recipient
1) March-In Rights
At the CEC’s request, the Recipient will forfeit and assign to the CEC all rights to any invention (with the exception of U.S. Department of Energy reserved rights) if the Recipient or assignee has not taken, or is not expected to take within a reasonable time, effective steps to achieve practical application of the invention. The CEC will have the unfettered right to use and/or dispose of the rights in whatever manner it deems most suitable to help transfer the invention into the marketplace, including but not limited to seeking patent protection or licensing the invention.
2) Notice of Patent
If any patent is issued for an invention, the Recipient will send the CAM written notice of the issuance within three (3) months of the issuance date. The notice must include the patent title, issuance number, and a general description of the invention.
3) Legal Notice
The Recipient and all persons and/or entities obtaining an ownership interest in patentable intellectual property must include the following statement within the specification of any United States patent application, and any subsequently issued patent for the invention:
“This invention was made with State of California support under California Energy Commission grant number [insert CEC
agreement #]. The Energy Commission has certain rights to this invention.”
d. Access to and Preservation of Intellectual Property
1) Access to Intellectual Property
Upon the CAM’s request, the Recipient will provide the CAM and any individuals designated by the CEC, with access to the Recipient’s intellectual property in order to exercise the license and march-in rights described above.
2) Preservation of Intellectual Property
The Recipient will preserve intellectual property at its own expense for at least three (3) years after payment by the CEC of the Recipient’s final invoice.
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CEC Standard Grant Terms Exhibit C Recipient
e. Intellectual Property Indemnity
The Recipient may not, in supplying work under this Agreement, knowingly infringe or misappropriate any intellectual property right of a third party, and will take reasonable actions to avoid infringement.
The Recipient will defend and indemnify the CEC from and against any claim, lawsuit, or other proceeding, loss, cost, liability, or expense (including court costs and reasonable fees of attorneys and other professionals) to the extent arising out of: (i) any third party claim that a product infringes any patent, copyright, trade secret, or other intellectual property right of any third party; or (ii) any third party claim arising out of the negligent or other tortious acts or omissions by the Recipient or its employees, subcontractors, or agents in connection with or related to the products or the Recipient’s performance under this Agreement.
21. ROYALTY PAYMENTS TO THE COMMISSION
[Reserved]
22. GENERAL PROVISIONS
a. Governing Law
This Agreement is governed by the laws of the State of California as to interpretation and performance.
b. Independent Capacity
In the performance of this Agreement, the Recipient and its agents, Subrecipients, any lower-tiered level of Sub-Subrecipients, and Vendors, and their respective employees will act in an independent capacity and not as officers, employees, or agents of the CEC or the State of California. c. Assignment
This Agreement is not assignable or transferable by the Recipient either in whole or in part without the consent of the CEC in the form of an amendment.
d. Timeliness
Time is of the essence in this Agreement.
e. Severability
If any provision of this Agreement is unenforceable or held to be unenforceable, all other provisions of this Agreement will remain in full force and effect.
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CEC Standard Grant Terms Exhibit C Recipient
f. Waiver
No waiver of any breach of this Agreement constitutes waiver of any other breach. All rights and remedies in this Agreement will be taken and construed as cumulative, meaning in addition to every other right or remedy provided in the Agreement or by law.
g. Assurances
The CEC reserves the right to seek further written assurances from the Recipient and its team that the work under this Agreement will be performed in accordance with the terms of the Agreement.
h. Change in Business
1) The Recipient will promptly notify the Energy Commission of the occurrence of any of the following:
a) A change of address.
b) A change in business name or ownership.
c) The existence of any litigation or other legal proceeding affecting the project or Agreement.
d) The occurrence of any casualty or other loss to project personnel, equipment, or third parties.
e) R eceipt of notice of any claim or potential claim against the Recipient, Subrecipients, any lower-tiered level of Sub- Subrecipients, and Vendors for patent, copyright, trademark, service mark, and/or trade secret infringement that could affect the CEC’s rights.
2) The Recipient must provide the CAM with written notice of a planned change or reorganization of the type of business entity under which it does business. A change of business entity or name change requires an amendment assigning or novating the Agreement to the changed entity. If the CEC does not seek to amend this Agreement or enter into a new agreement with the changed or new entity for any reason (including that the CEC is not satisfied that the new entity can perform in the same manner as the Recipient), it may terminate this Agreement as provided in the “Termination” section.
i. Access to Sites and Records
CEC staff and representatives will have reasonable access to all project sites and to all records related to this Agreement.
j. Prior Dealings, Custom, or Trade Usage
These terms and conditions may not be modified or supplemented by prior dealings, custom, or trade usage.
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CEC Standard Grant Terms Exhibit C Recipient
k. Survival of Terms
Certain provisions will survive the completion or termination date of this Agreement for any reason. The provisions include but are not limited to:
• Legal Statements on Products (included in Section 5, “Products”) • Payment of Funds (Section 8)
• Recordkeeping, Cost Accounting, and Auditing (Section 11) • Equipment (Section 14)
• Termination (Section 16)
• Indemnification (Section 17)
• Pre-Existing and Independently Funded Intellectual Property (Section 19)
• Intellectual Property (Section 20)
Royalty Payments to the Commission (Section 21)
• California Taxpayer Access to Publicly Funded Research Act (Section 24)
• Receipt of Confidential Information and Personal Information (Section 26)
• Change in Business (see this section)
• Access to Sites and Records (see this section)
• Venue (see this section)
• CEC as Third-Party Beneficiary (see this section)
l. Venue
Any court action to enforce any part of this Agreement shall be venued in Sacramento County.
m. CEC as Third-Party Beneficiary
The Recipient shall ensure that in all of its agreements with Subrecipients and in all Subrecipient agreements with Sub-Subrecipients (and so forth through every lower-tiered level of Sub-Subrecipients) that the CEC is specifically named as a third-party beneficiary to the agreement. In addition, the term shall state the entity agrees that if the CEC brings a court action, the entity agrees to venue in Sacramento County.
23. CERTIFICATIONS AND COMPLIANCE
a. Federal, State, and Local Laws
The Recipient is responsible for obtaining all required permits and shall comply with all applicable federal, state, and local laws, codes, rules, and regulations for all work performed under the Agreement. b. Nondiscrimination Statement of Compliance
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CEC Standard Grant Terms Exhibit C Recipient
During the performance of this Agreement, the Recipient, Subrecipients, any lower-tiered level of Sub-Subrecipients, and Vendors shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, sexual orientation, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition, age, marital status, or denial of family care leave. The Recipient, Subrecipients, any lower-tiered level of Sub-Subrecipients, and Vendors will ensure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment.
The Recipient, Subrecipients, any lower-tiered level of Sub-Subrecipients, and Vendors shall comply with the provisions of the Fair Employment and Housing Act (Government Code Sections 12990 et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 11000 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990 (a-f), set forth in Chapter 5 of Division 4.1 of Title 2 of the California Code of Regulations, are incorporated into this Agreement by reference and made a part of it as if set forth in full. The Recipient Subrecipients, any lower-tiered level of Sub-Subrecipients, and Vendors shall give written notice of their obligations under this section to labor organizations with which they have a collective bargaining or other Agreement.
The Recipient will include the nondiscrimination and compliance provisions of this section in all agreements with Subrecipients, that perform work under this Agreement.
c. D rug-Free Workplace Certification
By signing this Agreement, the Recipient certifies under penalty of perjury under the laws of the State of California that it will comply with the requirements of the Drug-Free Workplace Act of 1990 (Government Code Section 8350 et seq.).
In addition to any other rights and remedies available to the CEC, failure to comply with these requirements may result in suspension of payments under the Agreement or termination of the Agreement or both, and the Recipient may be ineligible for any future state awards if the CEC determines that any of the following has occurred: (1) the Recipient has made false certification, or (2) violates the certification by failing to carry out the requirements of the Act.
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CEC Standard Grant Terms Exhibit C Recipient
d. National Labor Relations Board Certification (Not applicable to public entities)
The Recipient, by signing this Agreement, swears under penalty of perjury that no more than one final unappealable finding of contempt of court by a federal court has been issued against the Recipient within the immediately preceding two-year period because of the Recipient's failure to comply with an order of a federal court that orders the Recipient to comply with an order of the National Labor Relations Board.
e. Child Support Compliance Act (Applicable to California Employers) For any agreement in excess of $100,000, the Recipient acknowledges that:
1) It recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including but not limited to disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with section 5200) of Part 5 of Division 9 of the Family Code; and
2) To the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department.
f. Air or Water Pollution Violation
Under state laws, the Recipient shall not be:
1) I n violation of any order or resolution not subject to review promulgated by the State Air Resources Board or an air pollution control district;
2) S ubject to a cease-and-desist order not subject to review issued pursuant to Section 13301 of the Water Code for violation of waste discharge requirements or discharge prohibitions; or
3) F inally determined to be in violation of provisions of federal law relating to air or water pollution.
g. Americans With Disabilities Act
By signing this Agreement, the Recipient assures the State that it complies with the Americans with Disabilities Act (ADA) of 1990 (42 U.S.C. Section 12101, et seq.), which prohibits discrimination on the basis of disability, as well as applicable regulations and guidelines issued pursuant to the ADA.
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CEC Standard Grant Terms Exhibit C Recipient
24. CALIFORNIA TAXPAYER ACCESS TO PUBLICLY FUNDED RESEARCH ACT a. As a condition to receiving funding under this Agreement, the Recipient agrees to fully comply with the California Taxpayer Access to Publicly Funded Research Act (California Government Code sections 13989 et seq., the “Act”) and provisions of this section, which apply to publications describing knowledge, an invention, or technology funded within the scope of this Agreement.
b. For purposes of complying with the Act and this section of the Agreement, the following definitions shall apply.
1) “Peer-Reviewed Manuscript” means a manuscript after it has been peer reviewed and in the form in which it has been accepted for publication in a scientific journal.
2) “Research Grant” in the Act and “this Agreement” in this section mean this Agreement.
3) “State Agency” in the Act means the Energy Commission. c. The Recipient shall provide for free public access to any Peer-Reviewed Manuscript developed within the scope of this Agreement.
d. The Recipient shall ensure that any publishing or copyright agreements concerning Peer-Reviewed Manuscripts:
1) Fully comply with California Government Code section 13989.6; 2) Do not conflict with the Energy Commission’s rights under this Agreement;
3) Secure for the Energy Commission the rights provided under this Agreement, including the rights to Intellectual Property as specified in Section 20; and
4) Recognize the free public access to the Peer-Reviewed Manuscript.
e. The Recipient shall report to the CEC the final disposition of any Peer- Reviewed Manuscript, including but not limited to if it was published; when it was published; where it was published; and, when the 12-month time period expires, where the Peer-Reviewed Manuscript will be available for open access.
f. Not later than 12 months after the official date of publication, or sooner if specified in the Schedule of Products, the Recipient shall make available to the CEC an electronic version of any Peer-Reviewed Manuscript that is developed within the scope of this Agreement.
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CEC Standard Grant Terms Exhibit C Recipient
g. The Recipient shall make publicly accessible an electronic version of any Peer-Reviewed Manuscript that is developed within the scope of this Agreement, not later than 12 months after the official date of publication, on a repository approved in writing by the CEC, including but not limited to the University of California’s eScholarship Repository at the California Digital Library; the California State University’s ScholarWorks at the Systemwide Digital Library; or PubMed Central. The Recipient shall notify the CEC when the Peer-Reviewed Manuscript is available on an CEC- approved repository.
h. If the Recipient is unable to ensure that its Peer-Reviewed Manuscript is accessible on an CEC-approved, publicly accessible repository, the Recipient may comply by providing the manuscript to the CEC not later than 12 months after the official date of publication.
i. For any publications other than a Peer-Reviewed Manuscript, (herein referred to as “Other Publications”) including scientific meeting abstracts, developed within the scope of this Agreement, the Recipient shall:
1) Provide an electronic version of the Other Publications to the CEC not later than 12 months after the official date of publication. 2) Ensure that any publishing or copyright agreements concerning Other Publications:
a. Do not conflict with the CEC’s rights under this Agreement. b. Secure for the CEC the rights provided under this Agreement, including the rights to Intellectual Property as specified in Section 20.
j. The Act states that “Grantees are authorized to use grant money for publication costs, including fees charged by a publisher for color and page charges, or fees for digital distribution.” Recipient agrees that for purposes of this Agreement, the Recipient is only authorized to use funds under this Agreement, including Matching funds, for these purposes if the expenses are included in the Agreement’s Budget and meet the other Agreement requirements for payment, including that the CEC will only reimburse the Recipient for expenditures incurred during the Agreement term. If these expenses are not included in the Budget, both parties must agree and amend the Budget to include such expenditures before Recipient is authorized to use Agreement funds, either reimbursable expenses or match, for these purposes.
k. Should a conflict exist between the terms in this Section 24 and other terms of this Agreement, the terms in this section prevail.
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CEC Standard Grant Terms Exhibit C Recipient
25. COMMISSION REMEDIES FOR RECIPIENT’S NON-COMPLIANCE
Without limiting any of its other rights and remedies, the CEC may, for Recipient’s noncompliance of any Agreement requirement, withhold future payments, demand and be entitled to repayment of past reimbursements, or suspend or terminate this Agreement. The tasks in the Scope of Work are non-severable, and completion of all of them is material to this Agreement. Thus, the Commission, without limiting its other rights and remedies, is entitled to repayment of all funds paid to Recipient if the Recipient does not timely complete all tasks in the Scope of Work.
If over the course of performing under this Agreement, the CEC and the Recipient agree that a change is warranted to the Scope of Work, the parties can amend this Agreement.
26. RECEIPT OF CONFIDENTIAL INFORMATION AND PERSONAL INFORMATION a. For the purposes of this Section, “confidential information” refers to information the CEC has designated as confidential pursuant to Title 20 CCR Section 2505 et seq., information the CEC has otherwise deemed or stated to be confidential, and other information exempt from public disclosure under the provisions of the California Public Records Act or other applicable state or federal laws.
b. F
or the purposes of this Section, “personal information” refers to information that meets the definition of “personal information” in California Civil Code section 1798.3(a) or one of the data elements set forth in California Civil Code section 1798.29(g)(1) or (g)(2). Personal information is a type of confidential information and is therefore subject to all requirements for confidential information provided in this Agreement and applicable law. However, there are additional requirements specific to personal information.
c. For the purposes of this Section, “special terms for confidential information” refers to the CEC’s special terms and conditions for the receipt of confidential information and personal information. The CEC’s special terms for confidential information include, but are not limited to, having in place an Information Security Program Plan and obtaining nondisclosure agreements from all individuals who will be provided access to confidential information or personal information.
d. If the Recipient will receive confidential information or personal information from the CEC or a third-party for the performance of this Agreement, the Recipient must first agree to and comply with the CEC’s special terms for confidential information.
e. If any other individual or entity participating in any way with this Agreement, including but not limited to subcontractors, subawardees, vendors, and other project partners, will receive confidential information or personal information from the CEC or a third-party for the performance of this Agreement, that individual or entity must first agree to and comply with the CEC’s special ATTACHMENT 3
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CEC Standard Grant Terms Exhibit C Recipient
terms for confidential information. The Recipient must flow-down the CEC’s special terms for confidential information into each subcontract, subaward, vendor agreement, or other project partner agreement that will be provided access to confidential information or personal information before the individual or entity has access to any such information. Recipient must also require all individuals and entities to flow-down this Section to any lower tier subcontractors, subawardees, vendors, project partners, and other individual or entity participating in any way with this Agreement that will be provided access to Confidential Information or Personal Information before the individual or entity has access to any such information. f. If this Agreement does not include the CEC’s special terms for confidential information and CEC determines the Recipient or any other individual or entity participating in any way with this Agreement will receive confidential information or personal information from the CEC or a third-party for the performance of this Agreement, the CEC reserves the option to amend this Agreement to add its special terms for confidential information. a. Except as provided in Title 20 CCR Sections 2506, 2507, and 2508, and the CEC’s special terms for confidential information, Recipient or any other individual or entity participating in any way with this Agreement may not disclose any information provided to it by the CEC or a third party for the performance of this Agreement if the information has been designated as confidential or is the subject of a pending application for confidential designation.
27. DEFINITIONS
• Agreement means this grant agreement executed between the CEC and the Recipient.
• Agreement Term means the length of this Agreement, as specified on the Agreement signature page (form CEC-146).
• Budget Categories means the following categories in Exhibit B, Budget:
Direct Labor, Fringe Benefits, Travel, Equipment, Materials and Miscellaneous, Subrecipients and Vendors, and Indirect Costs and Profit.
Budget Category means one of these Budget Categories.
• CAM means Commission Agreement Manager.
• CEC means California Energy Commission.
• Data means any recorded information that relates to the project funded by the Agreement, whether created or collected before or after the Agreement’s effective date.
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CEC Standard Grant Terms Exhibit C Recipient
• Effective Date means the date on which this Agreement is signed by the last party required to sign, provided that signature occurs after the Agreement has been approved by the CEC at a business meeting or by the Executive Director or his/her designee.
• Equipment means products, objects, machinery, apparatus, implements, or tools that are purchased or constructed with Energy Commission funds for the project, and that have a useful life of at least one year and an acquisition unit cost of at least $5,000. “Equipment” includes products, objects, machinery, apparatus, implements, or tools that are composed by over thirty percent (30%) of materials purchased for the project. For purposes of determining depreciated value of equipment used in the Agreement, the project will terminate at the end of the normal useful life of the equipment purchased and/or developed with CEC funds. The CEC may determine the normal useful life of the equipment.
• Incurred Costs means an expense for which the Recipient has become liable (legally obligated) to pay.
• Intellectual Property means: (a) inventions, technologies, designs, drawings, data, software, formulas, compositions, processes, techniques, works of authorship, trademarks, service marks, and logos that are created, conceived, discovered, made, developed, altered, or reduced to practice with Agreement or match funds during or after the Agreement term; (b) any associated proprietary rights to these items, such as patent and copyright; and (c) any upgrades or revisions to these items. “Works of authorship” does not include written products created for Agreement reporting and management purposes, such as reports, summaries, lists, letters, agendas, schedules, and invoices. • Invention means intellectual property that is patentable. • Match Funds means cash or in-kind (i.e., non-cash) contributions provided by the Recipient, Subrecipients, any lower-tiered level of Sub- Subrecipients, Vendors, or a third party for a project funded by the CEC. If this Agreement resulted from a solicitation, refer to the solicitation’s discussion of match funding for guidelines specific to the project. • Materials means the substances used to construct, or as part of, a finished object, commodity, device, article, or product and that does not meet the definition of Equipment.
ATTACHMENT 3
A3-43
157
CEC Standard Grant Terms Exhibit C Recipient
• MTDC (Modified Total Direct Costs) means all direct salaries and wages, applicable fringe benefits, materials and supplies, services, travel, and up to the first $25,000 of which subaward (regardless of the period of performance of the subawards under the award). MTDC excludes equipment, capital expenditures, rental costs, tuition remission, scholarships and fellowships, and the portion of each subaward in excess of $25,000.
• Ownership means exclusive possession of all rights to property, including the right to use and transfer property.
• Paid Costs means an expense for which the Recipient has already made payment.
• Product means any tangible item specified for delivery to the CEC in the Scope of Work.
• Project means the entire effort undertaken and planned by the Recipient and consisting of the work funded by the CEC. The project may coincide with or extend beyond the Agreement term.
• Recipient means the entity that executed this Agreement with the CEC. • State means the state of California and all California state agencies within it, including but not limited to commissions, boards, offices, and departments.
• Subaward for the Recipient means all agreements it has with Subrecipients and Vendors. For a Subrecipient, a Subaward means all agreements it has with Sub-Subrecipients and Vendors. For any lower-tiered level of Sub- Subrecipient, a Subaward means all agreements it has with its own Sub- Subrecipients and Vendors.
• Subrecipient (formerly Subcontractor) means a person or entity that receives grant funds directly from the Recipient and is entrusted by the Recipient to make decisions about how to conduct some of this Agreement’s activities. A Subrecipients role involves discretion over grant activities and is not merely just selling goods or services. • Sub-Subrecipient has the same meaning as a Subrecipient except that it receives grant funds from a Subrecipient or any lower tier level of a Sub- Subrecipient.
• Unrelated Company has the meaning set forth in section 7.g. of this Exhibit C.
ATTACHMENT 3
A3-44
158
CEC Standard Grant Terms Exhibit C Recipient
• Vendor means a person or entity that sells goods or services to the Recipient, Subrecipient, or any lower-tiered level of Sub-Subrecipient, in exchange for some of the grant funds, and does not make decisions about how to perform the grant’s activities. The Vendor’s role is ministerial and does not involve discretion over this Agreement’s activities.
ATTACHMENT 3
A3-45
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ATTACHMENT 4
A4-1
160
ATTACHMENT 4
A4-2
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1 STAFF REPORT
DATE: October 14, 2025
TO: Justin Hess, City Manager
FROM: Rafael Quintero, Chief of Police
BY: Viviana Garzon, Police Administrator
SUBJECT: Adoption of a Resolution Authorizing Acceptance of Funds from the State Citizen’s Option for Public Safety Program in the Amount of $ 323,374.11 and Amending the Fiscal Year 2024-25 Budget by Appropriating Funds
RECOMMENDATION
Adopt A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ACCEPT $323,374.11 FROM THE STATE CITIZEN’S OPTION FOR PUBLIC SAFETY (COPS) PROGRAM AND AMENDING THE FISCAL YEAR 2024-25 BUDGET BY APPROPRIATING THE FUNDS. (Attachment 1).
BACKGROUND
In 1996, the California State Legislature enacted Assembly Bill 3229 as part of the state budget package. This bill established the Citizen’s Option for Public Safety ( COPS) program, which allocates funding to local law enforcement agencies based on population size, to support public safety efforts. For Fiscal Year (FY) 2024-25, the City received $323,374.11 in COPS funds. These funds are designated for frontline police services , including personnel, equipment, and crime prevention/anti-gang programs, and cannot be used to replace the City’s existing law enforcement funding. This funding continues to support positions within the Community Resource Officer (CRO) program under the Burbank Police Department’s (Department) Community Outreach and Personnel Services Bureau.
DISCUSSION
CROs play a vital role in the Department’s outreach and engagement efforts. They POLICE
DEPARTMENT
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Item #5
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2 program designed to give residents an opportunity to learn about the Department’s divisions, operations, and the broader criminal justice system. Over the course of nine weeks, participants are introduced to the Department’s community policing philosophy, internal policies, and the ethical and legal principles guiding police services within the community. Additionally, CROs participate in speaking engagements at community organizations, assist with public service announcements alongside the City’s Public Information Officer or through the Department’s website, and enhance the Department’s social media presence.
CROs further support community events such as National Night Out, Coffee with a Cop, Take a Scoop Out of Crime, and the Shop with a Cop holiday event. They also help manage the Department’s volunteer program, as well as the Burbank Police Explorer and Police Cadet programs.
ENVIRONMENTAL REVIEW
Approval of the COPS program allocation has no potential to result in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, and as such, is not a “project” subject to the requirements of the California Environmental Quality Act (CEQA) 14 Cal. Code Regs § 15378.
FISCAL IMPACT
Adoption of the proposed resolution allows the City to appropriate funds awarded to it by the State. These funds cover approximately 72% of the costs for the Community Resource Officer positions. COPS funds are appropriated after the close of each FY to ensure all expenses and revenues are accounted for prior to finalizing the appropriation.
Staff recommends that Council approve an amendment to the FY 2024-25 Adopted Budget to accept funds from the COPS program and appropriate $ 323,374.11 from revenue account 121.PD000.48010.1039 (General City Grants, PD General, Other Intergovernmental Revenues, State AB3229 COPS) to expenditure account 121.PD91A.60004.0000.000000 (General City Grants, Grants - COPS, State Grant - Salaries).
CONCLUSION
These funds have been awarded to the City from the State of California to support law enforcement services. By supporting the CRO program, the COPS program ensures the continued growth of community-centered policing, reinforcing the relationship between the Department and the Burbank community.
ATTACHMENT
Attachment 1 – Resolution
organize various community events, including the annual Community Academy, a 163
ATTACHMENT 1
1 RESOLUTION NO. ___________
A RESOLUTION OF THE COUNCIL OF THE CITY OF
BURBANK AUTHORIZING THE CITY MANAGER OR HIS
DESIGNEE TO ACCEPT $323,374 .11 FROM THE STATE
CITIZEN’S OPTION FOR PUBLIC SAFETY (COPS)
PROGRAM AND AMENDING THE FISCAL YEAR 202 4-25
BUDGET BY APPROPRIATING THE FUNDS
THE COUNCIL OF THE CITY OF BURBANK FINDS:
A. The State Citizen’s Option for Public Safety (COPS) program provides funding to local law enforcement agencies, based on population size, for the purpose of ensuring public safety.
B. The Burbank Police Department has received funding through the State Citizen’s Option for Public Safety (COPS) program in the amount of $323,374.11 for fiscal year 2024-25.
C. Program funds assist in funding the Police Department’s Community Resource Officer positions . Community Resource Officers provide front-line police services to the community through the facilitation of a variety of community events , outreach programs, and services.
D. COPS funds are appropriated after the close of each FY to ensure all expenses and revenues are accounted for prior to finalizing the appropriation.
THE COUNCIL OF THE CITY OF BURBANK RESOLVES:
1. The above findings are true and correct, and incorporated herein as if restated in their entirety.
2. The City Manager, or his designee, is hereby authorized to accept $323,374.11 in funds from the State Citizen’s Option for Public Safety (COPS) program.
3. The City’s Fiscal Year 202 4-25 Annual Budget is amended to appropriate $323,374.11 in State Citizen’s Option for Public Safety (COPS) funds from revenue account 121.PD000.48010.1039.000000.00000 (General City Grants, PD General, Other Intergovernmental Revenues, State AB3229 COPS) to expenditure account 121.PD91A.60004.0000.000000 (General City Grants, Grants – COPS, State Grant – Salaries).
4. The Financial Services Director , or designee, is authorized to make such revisions, changes in summaries, fund amounts, totals, and other portions of the budget document as necessary to reflect and implement the appropriations specified in this resolution.
164
2 5. The City Manager, or his designee, is authorized to execute all necessary documents, or amendments to effectuate the receipt of the COPS grant funding.
PASSED and ADOPTED this ____ day of October, 2025.
___________________________
Nikki Perez
Mayor
Approved as to Form:
Attest: Office of the City Attorney
____________________________ By: ________________________ Kimberley Clark, City Clerk Ray Johal
Senior Assistant City Attorney
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF BURBANK )
I, Kimberley Clark, City Clerk of the City of Burbank, do hereby certify that the foregoing Resolution was duly and regularly passed and adopted by a vote of the Council of the City of Burbank at its regular meeting held on the ___ day of October 2025, by the following vote:
AYES:
NOES:
ABSENT:
____________________________
Kimberley Clark, City Clerk
165
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167
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ATTACHMENT 1
1 RESOLUTION NO. _________
A RESOLUTION OF THE COUNCIL OF THE CITY OF
BURBANK AUTHORIZING THE CITY MANAGER TO
APPROVE WORKFORCE INNOVATION AND
OPPORTUNITY ACT PROGRAM AGREEMENTS WITH THE
VERDUGO CONSORTIUM AND THE CITY OF GLENDALE
THE COUNCIL OF THE CITY OF BURBANK FINDS AS FOLLOWS:
A. The Verdugo Consortium is a joint powers authority (VCJPA) created in 1999 to implement economic, labor market, and business community programs within a certain Workforce Investment Area.
B. VCJPA consists of three members – the cities of Burbank (City), Glendale, and La Canada Flintridge. (See Resolution No. 25,663.)
C. VCJPA administers funding for certain programs, including those funded by the Workforce Innovation and Opportunity Act and by the State of California. (WIOA Program.) Glendale acts as VCJPA’s program administrator for such funds.
D. The City has received an agreement from Glendale titled Workforce Innovation and Opportunity Act Title I For Adult, Dislocated Worker & Rapid Response Services, Program Year 2025-26 (Agreement). The Agreement establishes the City’s obligations before the City can receive funds for adult, dislocated worker, and rapid response services under the WIOA Program, for the fiscal year 2025-2026.
E. Because these types of VCJPA funding agreements are generally annual, reoccurring, and benefit the City, the City desires to streamline the approval process and permit the City to administratively approve the agreements for programs funded by the VCJPA (as administered by Glendale), subject to certain limitations.
THE COUNCIL OF THE CITY OF BURBANK RESOLVES AS FOLLOWS:
1. Approval of Agreement. The Agreement is approved and the City Manager or designee is authorized to execute the Agreement.
2. Authorization to Approve Future VCJPA Agreements. The City Manager or their designee is authorized to approve and execute all future agreements with VCJPA (or with Glendale as VCJPA’s program administrator) without further City Council approval, provided: (1) the agreement is approved by the City Attorney’s Office; and (2) the agreement is either fully funded by VCJPA or requires no further additional approval of funding from the City.
169
ATTACHMENT 1
2 PASSED and ADOPTED this ____day of ______________, 2025.
__________________________
Nikki Perez
Mayor
Attest: Approved as to Form:
Office of the City Attorney
____________________________ By: _______________________ Kimberley Clark, City Clerk Kane Thuyen
Senior Assistant City Attorney
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF BURBANK )
I, Kimberley Clark, City Clerk of the City of Burbank, do hereby certify that the foregoing Resolution was duly and regularly passed and adopted by the Council of the City of Burbank at its regular meeting held on the ____ day of _______ 2025, by the following vote:
AYES:
NOES:
ABSENT:
____________________________
Kimberley Clark, City Clerk
170
Signature Sheet for City of Burbank WIOA Contract: 2025-2026 Contract Between
The City of Glendale/Verdugo Consortium
and
The City of Burbank
Funded and Governed by the
Workforce Innovation and Opportunity Act, Title I
For Adult, Dislocated Worker & Rapid Response Services
Program Year 2025-26
Si
gnature Sheet
CITY Contractor
Community Services and Parks Department City of Burbank Verdugo Workforce Development Administration 275 E. Olive Ave. 1255 S. Central Ave. Burbank, CA 91510
Glendale, CA. 91204 (818) 23
8-5030
(818) 54
8-2053
A
gent: Roubik Golanian Agent: Justin Hess
S
tatement of Purpose: The attached Agreement titled “Workforce Innovation and Opportunity Act Title I For Adult, Dislocated Worker & Rapid Response Services, Program Year 2025-26,” by and between the CITY OF GLENDALE, a municipal corporation, operating in its capacity as the contract and program administrator for the Verdugo Consortium (SAM HF16K5BFKGY5), a Joint Powers Authority of which it is a part (“CITY”), and the CITY OF BURBANK, (SAM N9Q5C7NS3JS5), a municipal corporation “CONTRACTOR”), is for the purpose of providing employment training and services in accordance with the Workforce Innovation and Opportunity Act of 2014, Public Law 113- 128 (“WIOA”), and all Federal, State and local laws, regulations and policies promulgated thereby.
P
rimary Understanding: It is expressly understood by the parties to the Agreement that CITY has received from the Employment Development Department of the State of California (“STATE”) the award of a WIOA Title I grant to fund services provided under the Agreement. The Assistance Listing Number (“ALN”) for this funding is 17.258 for WIOA Adult,
17.278 for WIOA Dislocated Worker (“DW”), and 17.278 for WIOA Rapid Response. Until such funds are made available to CITY by STATE, CITY and the CONTRACTOR agree that CITY is not obligated to allocate any funds to CONTRACTOR, and CONTRACTOR is not obligated to perform any services promised under the Agreement. In the event that WIOA funds are not granted to CITY for the aforesaid purpose, CITY is not obligated to pay CONTRACTOR for any past or future performance(s) rendered. The terms and conditions set forth in the Agreement, along with all Attachments thereto—including this Signature Sheet—are fully incorporated therein by reference.
C
ontract Period: The Agreement is effective as of July 1, 2025, and will terminate on June 30, 2026.
C
ity Financial Obligations: The Agreement establishes CITY’s obligation for each WIOA program as follows:
F
unding Source Amount Assistance Listing Number (ALN) WI
OA Adult $ 48,500 17.258
WIOA Dislocated Worker $ 48,500 17.278
WIOA Rapid Response $ 48,500 17.278
Total $145,500
A
pproved for the City of Glendale By: Approved for the City of Burbank By:
R
oubik Golanian City Manager Justin Hess City Manager Name Title Name Title
Signature Date Signature Date
ATTACHMENT 2
171
Signature Sheet for City of Burbank WIOA Contract: 2025-2026
CITY OF GLENDALE: APPROVED AS TO FORM
NAME:
TITLE:
SIGNATURE:
DATE:
CITY OF BURBANK: APPROVED AS TO FORM
NAME:
TITLE:
SIGNATURE:
DATE:
172
City of Burbank WIOA Contract: 2025-26 Page 1 of 17 Agreement Between
The City of Glendale/Verdugo Consortium
and
The City of Burbank
Funded and Governed by
The Workforce Innovation and Opportunity Act, Title I
For Adult, Dislocated Worker & Rapid Response Services
Program Year 2025-26
This Agreement (this “Agreement”), effective ________________(“Effective Date”), is between the CITY OF GLENDALE, a municipal corporation operating in its capacity as the contract and program administrator of the Verdugo Consortium, a Joint Powers Authority of which it is a part (“CITY”), and the CITY OF BURBANK, a municipal corporation (“CONTRACTOR”). CITY and CONTRACTOR are sometimes collectively referred to in this Agreement as the “PARTIES” or individually as a “PARTY.” Services under this Agreement are provided pursuant to Title I of the Workforce Innovation and Opportunity Act of 2014, Public Law 113-128 (“WIOA”).
RECITALS
A. CITY has entered into a Joint Powers Agreement with the cities of Burbank and La Cañada Flintridge to form the Verdugo Consortium (the “Consortium”). The purpose of the Consortium is to consolidate economic, labor market, and business community resources and function as a local Workforce Development Area under WIOA to develop the local workforce and economy, through providing employment and training programs.
B. CITY is the administrator of all Consortium activities on behalf of the Consortium under the policy direction of the Verdugo Workforce Development Board (“VWDB”).
The City Manager of Glendale possesses the authority to execute all contracts necessary to carry out the purpose of this Agreement.
C. CITY has entered into a subgrant agreement with the State Employment Development Department (hereafter referred to as the “STATE”) for the purpose of providing employment and training services to eligible adult participants within the Verdugo Workforce Development Area.
D. CITY desires to engage CONTRACTOR subject to the terms of this Agreement.
E. CONTRACTOR is qualified and capable of rendering the services under this Agreement in compliance with standards required by STATE and CITY.
AGREEMENT
NOW THEREFORE, in consideration of the mutual promises contained in this Agreement and these recitals, the sufficiency of which the PARTIES acknowledge, CITY and CONTRACTOR agree as follows:
ARTICLE I
TERM
1.1 This Agreement’s Term is twelve (12) months beginning on the Effective Date and ending on June 30, 2026 (the “Term”), or until it has been terminated by 173
City of Burbank WIOA Contract: 2025-26 Page 2 of 17 either PARTY, as specified in Article III of the Verdugo Workforce Development Administration Assurances, Certifications, and Agreements, attached as Attachment A and incorporated into this Agreement by this reference.
ARTICLE II
COST REIMBURSEMENT
2.1 Payments made by CITY to CONTRACTOR under this Agreement shall be in the form of cost reimbursement payments. CONTRACTOR shall identify and allocate the work it performs under this Agreement among pre-defined cost categories agreed upon by CITY and CONTRACTOR. CITY shall only make cost reimbursement payments for work performed under this Agreement that has been properly allocated among the agreed upon cost categories.
ARTICLE III
DEFINITIONS
3.1 “ Basic Career Services”
1 includes the following, which must be made available to all individuals seeking services served in the VWDB One-Stop delivery system:
A. Determinations of whether the individual is eligible to receive assistance from the adult, dislocated worker, or youth programs;
B. Outreach, intake, and orientation to information and other services available through the VWDB One-Stop delivery system;
C. Initial assessment of skill levels including literacy, numeracy, and English language proficiency, as well as aptitudes, abilities (including skills gaps), and supportive service needs;
D. Labor exchange services, including—
1. Job search and placement assistance, and, when needed by an individual, career counseling, including: (a) Provision of information on in-demand industry sectors and occupations (as defined in WIOA § 3(23)); and, (b) Provision of information on nontraditional employment (as defined in WIOA § 3(37); and information from career profiles and investment inventories;
E. Provision of referrals to and coordination of activities with other programs and services, including those within the One-Stop delivery system and, when appropriate, other VWDB programs;
F. Provision of workforce and labor market employment statistics information, including the provision of accurate information relating to local, regional, and national labor market areas, including:
1. Job vacancy listings in labor market areas;
2. Information on job skills necessary to obtain the vacant jobs listed; and
1 See TEGL 19-16 and TEGL 16-16
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City of Burbank WIOA Contract: 2025-26 Page 3 of 17
3. Information relating to local occupations in demand and the earnings, skill requirements, and opportunities for advancement for those jobs;
G. Provision of performance information and program cost information on eligible providers of training services by program and type of providers and workforce services by program and type of providers; H. Provision of information about how the local area is performing on local performance accountability measures, as well as any additional performance information relating to the area’s One-Stop delivery system; I. Provision of information relating to the availability of supportive services or assistance, and appropriate referrals to those services and assistance, including: child care; child support; medical or child health assistance available through the State’s Medicaid program and Children’s Health Insurance Program; benefits under the Supplemental Nutrition Assistance Program; assistance through the earned income tax credit; housing counseling and assistance services sponsored through the U.S.
Department of Housing and Urban Development; and assistance under a State program for Temporary Assistance for Needy Families; and other supportive services and transportation provided through that program; J. Assistance in establishing eligibility for programs of financial aid assistance for training and education programs not provided under WIOA; and
K. Provision of information and assistance regarding filing claims under Unemployment Insurance (“UI”) programs, including meaningful assistance to individuals seeking assistance in filing a claim;
1. “Meaningful assistance” means providing assistance as follows:
(a) On-site using staff who are properly trained in UI claims, filing, and/or the acceptance of information necessary to file a claim, or
(b) By phone or via other technology, as long as the assistance is provided by trained and available staff and within a reasonable time. If an individual is referred to a telephone for UI claims assistance, it must be a phone line dedicated to serving one-stop customers in a timely manner. Individuals must not simply be referred to a general information/dial-in line with the state UI agency contact center where the individual is placed into a phone queue along with all other claimants in the State. If the assistance is provided remotely using technology, it must be a technology that enables trained staff to provide the assistance. Examples of technology that enables remote assistance include live Web chat applications, video conference applications, or other similar technology; and
(c) The costs associated in providing meaningful assistance may be paid for by the State’s UI program, the WIOA Adult or Dislocated 175
City of Burbank WIOA Contract: 2025-26 Page 4 of 17 Worker programs, the Wagner-Peyser Employment Service, or some combination thereof these funding sources.
3.2 “ Rapid Response Services” encompasses the strategies and activities necessary to plan for and respond as quickly as possible following an announcement of a closure or layoff or natural or other disaster which results in mass job loss. Rapid Response activities are described at 20 CFR 682 Subpart C of the WIOA regulations (covering 20 CFR 682.300 through 682.370) and are further discussed in TEGL 19-16. Rapid Response delivers services to enable dislocated workers to transition to new employment as quickly as possible. It includes services to employers and employees who are experiencing a permanent plant closure, and/or mass layoffs that result in mass job dislocation of employees. Services can include assisting with reemployment, making on-site visits to employers and employee representatives, and providing information and access to available employment and training activities.
3.3 “ Adult” and “Dislocated Worker” is an individual who must:
A. Be 18 years of age or older;
B. Be a citizen or noncitizen authorized to work in the US; and C. Meet Military Selective Service registration requirements (males only).
D. As required under WIOA Section 134(c)(3)(E) [Priority of Service - WIOA Adult participants], with respect to individualized career and training services funded with WIOA adult funds, priority of service must be given to recipients of public assistance, other low-income individuals, individuals who are basic skills deficient, and other individuals in accordance with the VWDB’s Priority of Service Policy. Priority does not apply to the dislocated worker population.
Veterans and eligible spouses continue to receive priority of service among all eligible individuals; however, they must meet the WIOA adult program eligibility criteria and meet the criteria under WIOA Section 134(c)(3)(E).
3.4 “ Dislocated Worker” means an individual who meets one of the following five criteria (A-E). The individual:
A. 1. Has been terminated or laid off, or has received a notice of termination or layoff, from employment; and
2. (a) Is eligible for or has exhausted unemployment compensation; or (b) Has been employed for a duration sufficient to demonstrate attachment to the workforce, but is not eligible for unemployment compensation due to insufficient earnings or having performed services for an employer that were not covered under a State unemployment compensation law; and
3. Is unlikely to return to a previous industry or occupation; B. 1. Has been terminated or laid off, or has received notification of termination or layoff, from employment as a result of a permanent closure of, or any substantial layoff at, a plant, facility, or enterprise; 176
City of Burbank WIOA Contract: 2025-26 Page 5 of 17
2. Is employed at a facility at which the employer has made the general announcement that such facility will close within 180 days; or
3. For purposes of eligibility to receive services other than training services described in WIOA Section 134(c)(3), career services described in WIOA Section 134(c)(2)(A)(xii), or supportive services, is employed at a facility at which the employer has made a general announcement that such facility will close;
C. Was self-employed (including employment as a farmer, a rancher, or a fisherman) but is unemployed as a result of general economic conditions in the community in which the individual resides or because of natural disasters; D. Is a displaced homemaker (as defined in paragraph (16) of section 3102 of title 29, United States Code); or
E. 1. Is the spouse of a member of the Armed Forces on active duty (as defined in section 101(d)(1) of title 10, United States Code), and who has experienced a loss of employment as a direct result of relocation to accommodate a permanent change in duty station of such member; or
2. Is the spouse of a member of the Armed Forces on active duty and who meets the criteria described in paragraph (16)(B) of section 3102 of title 29, United States Code.
3.5 “ CalJOBS” refers to the CalJOBSSM system, California’s online resource to help job seekers and employers navigate the state’s workforce services. The enhanced system allows users to easily search for jobs, build résumés, access career resources, find qualified candidates for employment, and gather information on education and training programs.
3.6 “ Case Notes” refers to the services provided to a client that must be documented in CalJOBS via Case Activities. Services must always be supported by a case note that clearly and completely describes the event/activity being documented so that it may be understood by anyone reviewing the note. Case notes should be concise, clear, spelled properly, and grammatically correct.
ARTICLE IV
STATEMENT OF WORK AND SERVICES TO BE PROVIDED
4.1 General Responsibilities and Obligations of CONTRACTOR CONTRACTOR shall provide the following services:
A. B asic Career Services
CONTRACTOR shall provide individuals with Basic Career Services to 100 VWDB customers at VWDB One-Stop delivery sites, including the Burbank Job Connect (“Job Connect”) Annex of the Verdugo Jobs Center (“VJC”). These services include but are not limited to:
1. Outreach
2. Providing Labor Market Information
3. Providing Job Listings
4. Providing Training Information
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City of Burbank WIOA Contract: 2025-26 Page 6 of 17
5. Assist ing with completing job applications, applying for jobs, and reviewing resumes
6. Referrals to VJC that results in enrollments in either Job Search or Training
7. Providing referrals to Partner Services
B. Services and Equipment
CONTRACTOR must provide use of the following services and equipment for job seeking purposes at the Job Connect facility:
1. Computers with access to the internet;
2. Computers for typing tutorials;
3. Telephones and fax machines [including a TDD system];
4. At least one photocopier;
5. A resource library; and
6. Job postings.
C. Referrals.
CONTRACTOR must refer customer to other AJCC partner agencies for requested services.
CONTRACTOR must refer at a minimum 60 customers to the VJC that will result in a meaningful activity, such as Job Placement Services or Training. The referrals must be qualified for WIOA Priority of Service, which is those who are English Language Learners or individuals receiving public assistance.
D. Register Clients in CalJOBS
CONTRACTOR must enroll customers being referred to the VJC in CalJOBS identified in Section 4.1 A and C.
CONTRACTOR must check in each customer through the virtual check in system, VOS, in CalJOBS before meeting and registering the customer.
E. VJC Program Coordination
CONTRACTOR shall coordinate the following activities with the VJC:
1. Attend required VJC Memorandum of Understanding (MOU) Partner meetings as organized by the VWDB’s One Stop Operator.
2. Market itself and the VJC as members of the America’s Job Centers of California system on all marketing literature distributed in the community by name, phone and address.
3. Coordinate activities related to workforce related workshops and/or business services activities with VJC.
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City of Burbank WIOA Contract: 2025-26 Page 7 of 17
4. Provide and/or coordinate with the VJC listings of new job openings, job fairs, and other activities that lead to possible jobs for clients monthly.
5. Coordinate recruitments, job fairs, or other employment events being held at Job Connect with VJC.
6. Alert the VJC of any new businesses identified by Job Connect in Burbank monthly.
7. Alert the VJC of any businesses identified that are laying off in Burbank promptly.
8. Refer clients and businesses to the VJC for additional services through an agreed upon referral process.
F. Business Services
CONTRACTOR shall provide business services to at least 12 employers at the Job Connect by doing business outreach to Burbank businesses as follows:
1. Job postings and/or recruitments for businesses.
2. Outreach to new businesses for hiring needs.
3. Enter a minimum of 12 Business Outreach efforts in
CalJOBS/Customer Relationship Module (CRM) module as
Marketing Lead/Business Engagement.
G. Rapid Response Services
CONTRACTOR shall provide Rapid Response Services to employers as follows:
1. CONTRACTOR shall identify a minimum of 12 businesses for layoff aversion and/or Rapid Response Services.
2. CONTRACTOR shall attend 75% of all Rapid Response Services meetings with affected Burbank employers scheduled by the VJC’s Rapid Response Unit.
3. CONTRACTOR shall provide information and referrals to employees affected by layoffs through meetings referred to in subsection 4.1 above, and to walk-in customers of the Job Connect facility.
4. CONTRACTOR shall track and refer to VJC persons who visit the Job Connect facility in response to any Rapid Response Services outreach effort through CalJOBS and/or new referral process.
5. CONTRACTOR shall assist CITY in contacting businesses identified by VJC for Rapid Response Services.
4.2 Program Personnel
CONTRACTOR shall provide the services promised under this Agreement and employ all personnel charged to the program Budget, attached as Attachment B to this Agreement and incorporated into it by this reference. 179
City of Burbank WIOA Contract: 2025-26 Page 8 of 17
4.3 Affiliate AJCC Certification
A. CONTRACTOR shall comply with the Affiliate AJCC Certification process in accordance with all requirements contained in the Workforce Services Directive (WSD) 20-08: AJCC Comprehensive and Affiliate/Specialized Certification Directive, a copy of which is attached hereto as Attachment H and incorporated herein by this reference.
4.4 Program Outcomes
A. CONTRACTOR shall provide program services promised under this Agreement to an average of 100 customers each year. These customers shall be registered in CalJOBS, per subsection 4.1.A and D.
B. CONTRACTOR shall refer 60 priority of service customers for Job Placement or Job Training to VJC.
C. CONTRACTOR shall provide a list of all coordination efforts provided per section 4.1 E.
D. CONTRACTOR shall attend 75% of all Rapid Response meetings.
E. CONTRACTOR shall provide names and contact information of customers they’ve identified/served for Rapid Response services.
C. CONTRACTOR shall identify at a minimum, 12 businesses for lay off aversion and/or Rapid Response Services.
D. CONTRACTOR shall register at a minimum, 12 new businesses in CalJOBS/CRM system who are hiring or a new business.
E. Documentation of individual performance shall be recorded and retained on file at CONTRACTOR'S offices and in CalJOBS, if applicable.
4.5 Reporting Requirements
A. CONTRACTOR must maintain standardized records and supporting documentation for all participants. CONTRACTOR must also maintain all records pertinent to this Agreement, including but not limited to financial, statistical, and property records.
B. CONTRACTOR must submit program reporting quarterly, as specified in Section 6.4(A). CITY reserves the right to change, alter, or amend any reporting requirements that may become necessary under this Agreement.
4.7 Continuity of Services During Emergency and Disaster Events CONTRACTOR shall continue services during emergency and disaster events in accordance with the VWDB’s Workforce Services Continuity Policy (Attachment G).
4.8 Inability to Perform Contract Services Due to Emergency and Disaster Events A. In the event that performing the services specified in this contract, which includes meeting the program outcomes specified in Section 4.4, is not possible or practical as a result of emergency and disaster events, CONTRACTOR shall submit a written report to the CITY no later than one (1) month after said emergency or disaster event specifying program outcomes achieved to date and challenges in performing contract services, a corrective plan of action, and/or a request to CITY. The corrective plan of action shall detail how CONTRACTOR will achieve program outcomes by the end of the contract term. 180
City of Burbank WIOA Contract: 2025-26 Page 9 of 17 The request to CITY may be inclusive of but not limited to extension of contract term, and modification of program outcomes.
B. CITY will review the report and notify CONTRACTOR of its decision to approve or deny request(s) within 10 days of receipt. Not all requests may be granted.
ARTICLE V
AUDIT AND MONITORING BY CITY
5.1 CONTRACTOR shall permit CITY or any authorized representatives of CITY, at all reasonable times, access to and the right to examine all records, books, papers or documents related to CONTRACTOR’s performance under this Agreement including, but not limited to, expenses for consultants, agents or assistants, direct or indirect charges for work performed and detailed documentation for all such work performed or to be performed under this Agreement.
5.2 CITY will conduct at least one program monitoring during the course of the program. At that time, CONTRACTOR shall provide CITY’s monitor with a copy of CONTRACTOR’s own Policy and Procedure Regarding Incident Reporting, including Fraud and Abuse, as outlined in Attachment C, Verdugo Workforce Development Administration Policy and Procedure Regarding Incident Reporting, Including Incidents of Fraud, Abuse and Waste, which is attached to this Agreement and incorporated into it by this reference. To audit services and equipment, CITY’s monitor will utilize Attachment D, Integrated Service Delivery Monitoring Tool Burbank, which is attached to this Agreement and incorporated into it by this reference.
ARTICLE VI
PAYMENT AND DELIVERY
6.1 Method of Payment
Payment to the CONTRACTOR for services rendered under this agreement shall be made on a cost reimbursement basis, according to the Budget (Exhibit B).
6.2 Maximum Amount Payable
A. The total of all payments to the CONTRACTOR under this Agreement shall not exceed $145,500, which is broken down by category as follows:
Funding Source Award Amount
WIOA Title I Adult $4 8,500
WIOA Title I Dislocated Worker $4 8,500
WIOA Title I Rapid Response $ 48,500
Total $145,500
B. Any expenses CONTRACTOR incurs that exceeds the above limits are the sole responsibility of the CONTRACTOR. In no event shall CITY be responsible or liable to reimburse CONTRACTOR for expenses incurred in excess of the above limits. This binding limit on total award amounts may 181
City of Burbank WIOA Contract: 2025-26 Page 10 of 17 only be increased by execution of a written, signed, bilateral Agreement modification, as described in the Verdugo Workforce Development Administration Assurances, Certifications, and Agreements.
6.3 Allowable Expenditures
Reimbursements shall be within the limits of the Budget. No reimbursement shall be made that exceeds the allowable expense in each category or line item. All allowable expenditures must be made by June 30, 2026. Any expenditure made after June 30, 2026, will not be reimbursed. All activities for which reimbursement is requested must be allowable under the terms of this Agreement and must comply with federal, State, and local requirements, policies and procedures.
6.4 Invoices and Payment
Failure to comply with any record keeping or reporting requirements may be grounds for the CITY to withhold payment against submitted invoices until such compliance is demonstrated. All requests for payment must be supported by sufficient documentation to justify that the expense is allowable for payment.
Reimbursement requests must be accurate and complete and must be in the form required by the CITY. The amount eligible for reimbursement shall be paid upon delivery of an invoice supported with proper documentation of all actual program costs.
A. Quarterly Invoice
CONTRACTOR shall submit original invoices not more frequently than once per quarter. Original invoices shall be submitted with the Quarterly Reporting Tool included as Attachment F, and the supplemental documentation specified therein.
B. F inal Invoice
By June 30, 2026, CONTRACTOR shall submit to the CITY an original, itemized, complete and accurate final invoice including all required supporting documentation for allowable expenditures within the contract period. Failure to comply with any record keeping or reporting requirements may be grounds for the CITY to withhold payment against the final invoice until such compliance is demonstrated.
C. In the event CONTRACTOR does not submit a final invoice by June 30, 2026, CITY reserves the right to unilaterally close-out this Agreement and, in its sole discretion, may (but is not required to) use the invoice then on file at the CITY for determination of CONTRACTOR’s final allowable expenditures. CITY will not reimburse the CONTRACTOR for expenditures reported after June 30, 2026.
D. CONTRACTOR must submit invoices no more than quarterly intervals, only after completion of one or more of the tasks or phases following Quarter of Grant Activities Deadline Chart below, which outlines the start and end dates of each quarter, along with each quarter’s invoice submission due date. If the due date falls on a Saturday, Sunday or a holiday, the invoice is due the next day that City is open for business, per schedule below:
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Quarter of Grant Activities Due Date
Q1: July 1, 2025-September 30, 2025 October 15, 2025
Q2: October 1, 2025-December 31, 2025 January 15, 2026
Q3: January 1, 2026- March 31, 2026 April 15, 2026
Q4: April 1, 2026-June 30, 2026 July 15, 2026
E. CONTRACTOR shall submit Invoices through the CITY’S online Vendor Invoice Submittal Portal:
https://www.glendaleca.gov/government/departments/finance/accounting/i nvoice-submittal
ARTICLE VII
COMPLIANCE
7.1 CONTRACTOR shall provide the specific services listed in this Agreement to eligible participants in accordance with the Act, and all applicable federal, state, and local laws, regulations, and policies pertaining to the Act. CONTRACTOR shall comply with all applicable policies, procedures, and program requirements of the Verdugo Consortium Workforce Development Administration.
7.2 CONTRACTOR shall provide all services in accord with all of the terms of this Agreement, including terms within the Signature Sheet and the following Attachments: Attachment A (Assurances, Certifications and Agreements); Attachment B (Budget); Attachment C (Policy and Procedures Regarding Incident Reporting, Including Incidents of Fraud, Abuse and Waste); Attachment D (Integrated Service Delivery Monitoring Tool Burbank); Attachment E (Insurance Requirements), Attachment F (Quarterly Reporting Tool); Attachment G (Workforce Services Continuity Policy); and Attachment H (Workforce Services Directive (WSD) 20-08: AJCC Comprehensive and Affiliate/Specialized Certification Directive); all of which are attached to this Agreement and fully incorporated into it by this reference.
7.3 CONTRACTOR shall ensure that all CONTRACTOR staff members operating the program under this Agreement shall be familiar and comply with the Policy and Procedures Regarding Incident Reporting, Including Incidents of Fraud, Abuse and Waste.
ARTICLE VIII
GENERAL PROVISIONS
8.1 Entire Agreement
183
City of Burbank WIOA Contract: 2025-26 Page 12 of 17 A. This Agreement and any Attachments to it represent the entire and integrated agreement between the PARTIES with respect to the subject matter of this Agreement and supersede all previous agreements pertaining to such subject matter. This Agreement supersedes all prior and contemporaneous communications, negotiations, understandings, promises and agreements, either oral or written.
B. Neither CONTRACTOR nor CITY has made any promises or representations, other than those contained in this Agreement and each PARTY represents and acknowledges that it has not relied on any representation or warranty other than those explicitly set forth in this Agreement.
8.2 A
mendment
The PARTIES may modify this Agreement, or any part of it, by a written amendment with CITY’s and CONTRACTOR’s signature. Requests for amendments and extensions to existing CONTRACT must be submitted in writing by December 31, 2025 to the contract manager. The following items must be included, but not limited to, in the amendment/extension request:
1. Reason for request for amendment/extension;
2. Action plan on how the additional time or amendment will allow the CONTRACTOR to meet contract goals;
3. New budget allocations if amendment contains increase or decrease in funding;
8.3 Interpretation
This Agreement is the product of negotiation and compromise by both PARTIES.
Every provision in this Agreement must be interpreted as though the PARTIES equally participated in its drafting. Therefore, despite the provisions in California Civil Code Section 1654, if this Agreement’s language is uncertain, the Agreement must not be construed against the PARTY causing the uncertainty to exist. In interpreting this Agreement and resolving any ambiguities, this Agreement will take precedence over any cover page or Attachments. If a conflict occurs between a provision in this Agreement and a provision in an Attachment, the provisions contained in the Agreement prevail.
8.4 Headings
All headings or captions in this Agreement are for convenience and reference only. They are not intended to define or limit the scope of any term, condition, or provision.
8.5 G overning Law and Jurisdiction
A. California’s laws govern this Agreement’s construction and interpretation.
Unless this Agreement provides otherwise, any reference to laws, ordinances, rules, or regulations include their later amendments, modifications, and successor legislation.
B. If CONTRACTOR or CITY brings a lawsuit to enforce or interpret one or more provisions of the Agreement, jurisdiction is in the Superior Court of 184
City of Burbank WIOA Contract: 2025-26 Page 13 of 17 the County of Los Angeles, California, or where otherwise appropriate, in the United States District Court, Central District of California.
CONTRACTOR and CITY acknowledge that the Agreement was
negotiated, entered into, and executed in the City of Glendale, California.
8.6 Waiver of Breach
If either PARTY fails to require the other to perform any term in this Agreement or in an Attachment, that failure does not prevent the PARTY from later enforcing that term, or any other term. If either PARTY waives the other’s breach of a term, that waiver is not treated as waiving a later breach of the term. A waiver of a term is valid only if it is in writing and signed by the PARTY waiving it. The duties and obligations of this Agreement and an Attachment:
A. Are cumulative (rather than alternative) and are in addition to (rather than a limitation on) any option, right, power, remedy, or privilege; and B. Are not exhausted by a PARTY’s exercise of any one of them.
8.7 Attorney’s Fees
If CITY or CONTRACTOR brings an action at law or in equity to enforce or interpret one or more provisions of this Agreement, the “prevailing party” is entitled to “reasonable attorney’s fees” in addition to any other relief to which the prevailing party may be entitled. A “prevailing party” has the same meaning as that term is defined in California Code of Civil Procedure Section 1032(a)(4).
8.8 Further Assurances
Upon CITY’s request at any time, CONTRACTOR shall promptly:
A. Take further necessary action; and
B. Sign, acknowledge, and deliver all additional documents as may be reasonable, necessary, or appropriate to carry out this Agreement’s intent, purpose, and terms.
8.9 Assignment
A. This Agreement does not give any rights or benefits to anyone, other than to CITY and CONTRACTOR. All duties, obligations, and responsibilities under this Agreement are for the sole and exclusive benefit of CITY and CONTRACTOR, and are not for the benefit of another person, entity, or organization. Without CITY’s prior written authorization, CONTRACTOR shall not do any one or more of the following:
1. Assign or transfer a right or interest, whether in whole, in part, temporarily, or otherwise, in this Agreement; or
2. Delegate a duty or obligation owed, whether in whole, in part, temporarily, or otherwise, under this Agreement.
B. Any actual or attempted assignment of rights or delegation of duties by CONTRACTOR, without CITY’s prior written authorization, is wholly void and totally ineffective for all purposes; and does not postpone, delay, alter, extinguish, or terminate CONTRACTOR’s duties, obligations, or responsibilities under this Agreement.
185
City of Burbank WIOA Contract: 2025-26 Page 14 of 17 C. If CITY consents to an assignment of rights, or a delegation of duties, or both, CONTRACTOR’s assignee or legal representative shall agree in writing to personally assume, perform, and to be bound unconditionally by the covenants, obligations, terms, and conditions in this Agreement.
8.10 Time is of the Essence
A. Except when this Agreement states otherwise, time is of the essence in this Agreement. CONTRACTOR acknowledges that this Agreement’s time limits and deadlines are reasonable for CONTRACTOR’s performing the Services under this Agreement.
B. Unless this Agreement specifies otherwise, any reference to “day” or “days” means calendar and not business days. If the last day for giving notice or performing an act under this Agreement falls on a weekend, a legal holiday listed in either Glendale Municipal Code Section 3.08.010 or California’s Government Code, or a day when City Hall is closed, the period is extended to and including the next day that CITY is open for business. A reference to the time of day refers to local time for Glendale, California.
8.11 No
tices
A. The PARTIES shall submit in writing all notices and correspondence that this Agreement requires or permits, and shall use the following delivery method:
1. Personal delivery;
2. U.S. mail, first class postage prepaid;
3. “Certified” U.S. mail, postage prepaid, return receipt requested;
4. Facsimile; or
5. Email.
B. All written notices or correspondence done in the manner described in Subsection (A) above with the street address or place, facsimile number, or email address listed in Subsection (C) below will be presumed “given” to a PARTY on whichever date occurs earliest:
1. The date of personal delivery;
2. The third (3rd) business day following deposit in the U.S. mail, when sent by “first class” mail;
3. The date on which the PARTY or its agent either signed the return receipt or refused to accept delivery, as noted on the return receipt or other U.S. Postal Service form, when sent by “certified” mail; or
4. The date of transmission, when sent by facsimile or email.
C. CITY and CONTRACTOR designate the following contact person, street address or place, telephone or facsimile number, or email address for giving notice.
CITY: City of Glendale
186
City of Burbank WIOA Contract: 2025-26 Page 15 of 17 Workforce Development Administration
1255 South Central Avenue
Glendale, CA 91204
Attn: Judith Velasco
Telephone: (818) 548-2053
Fax: (818) 409-0463
Email: [email protected]
CONTRACTOR: City of Burbank
Burbank Central Library Job Connect
110 N. Glenoaks Blvd.
Burbank, CA 91502
Attn: Eric Lashley
Telephone: (818) 238-5551
Email: [email protected]
D. At any time, by providing written notice to the other PARTY, CITY or CONTRACTOR may change the contact information listed in Subsection (C) above.
8.12 Survival
This Section, or any term of this Agreement or an Attachment, that contemplates performance or observance after this Agreement’s expiration or termination survives expiration or termination, and continues in full force and effect for the period so contemplated, including provisions relating to intellectual property ownership, the grant of a license, warranties and guarantees, warranty and guarantee disclaimers, payment terms, confidentiality, insurance, indemnification, and remedies.
8.13 Severability
The invalidity, in whole or in part, of any term of this Agreement or an Attachment will not affect this Agreement’s or the Attachment’s remaining terms.
8.14 Counterparts
This Agreement may be executed in counterparts, each of which is an original, but all of which constitutes one and the same document. The PARTIES shall sign a sufficient number of counterparts, so that each PARTY will receive a fully executed original of this Agreement.
8.15 Representations – Authority
The PARTIES represent that:
A. They have read this Agreement, fully understand its contents, and have received a copy of it;
B. They have the full power to enter into and perform this Agreement and to make the grant of rights contained in this Agreement;
C. Through their duly authorized representative, they are authorized to sign this Agreement, and they are bound by its term; and
D. They have executed this Agreement on the date opposite their signature. 187
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[This space intentionally blank; signatures follow on next page]
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City of Burbank WIOA Contract: 2025-26 Page 17 of 17
Executed at Glendale, California.
CITY OF GLENDALE:
By Date:
Roubik Golanian
City Manager
CONTRACTOR:
By Date:
Justin Hess
City Manager
CITY OF GLENDALE: APPROVED AS TO FORM
NAME:
TITLE:
SIGNATURE:
DATE:
CITY OF BURBANK: APPROVED AS TO FORM
NAME:
TITLE:
SIGNATURE:
DATE:
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Attachment “A” for WIOA Contract Assurances Page 1 of 22 ATTACHMENT “A”
VERDUGO WORKFORCE DEVELOPMENT ADMINISTRATION
ASSURANCES, CERTIFICATIONS AND AGREEMENTS
WORKFORCE INNOVATION AND OPPORTUNITY ACT (WIOA)
The following applies to all programs and/or projects funded under the Workforce Innovation and Opportunity Act of 2014 (“WIOA”) conducted by CITY OF BURBANK, a municipal corporation (“CONTRACTOR”), on behalf of the CITY OF GLENDALE, a municipal corporation, operating in its capacity as the contract and program administrator of the Verdugo Consortium, a Joint Powers Authority of which it is a part (“CITY”), and under the policy direction of the Verdugo Workforce Development Board (“VWDB”).
I. COMPLIANCE
In performance of the Agreement, CONTRACTOR shall fully comply with:
A. The provisions of the WIOA and all federal and state regulations, legislation, directives, policies, procedures, and amendments issued pursuant thereto; B. The Office of Management and Budget (“OMB”) Uniform Administrative Requirements, Allowable Costs, Cost Principles, and Audit Requirements for Federal Awards, Final Rule at 2 Code of Federal Regulations (“CFR”), Chapter I and Chapter II, Part 200, et seq., specifically including but not limited to Appendix II to Part 200 (hereafter referred to as the “Uniform Guidance 2 CFR Part 200”);
C. The Department of Labor’s (the “DOL”) exceptions at 2 CFR Chapter II, Part 2900, et seq. (here after referred to as the “DOL Exceptions 2 CFR Part 2900”); and, D. The provisions of Public Law 107-288, Jobs for Veterans Act, as the law applies to DOL job training programs.
II. CERTIFICATIONS / ASSURANCES
Except as otherwise expressly indicated in the Agreement, the following certifications apply to all CONTRACTORS.
A. Corporate Registration: CONTRACTOR, if it is a corporation, certifies it is registered and has a status of currently active with the Secretary of State of the State of California.
B. A merican with Disabilities Act: CONTRACTOR assures that it will comply with the Americans with Disabilities Act of 1990 (the “ADA”), which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C.12101 et seq.)
C. A uthority to Bind Contractor : CONTRACTOR certifies that the person who has signed the Agreement is authorized to execute the following on behalf of CONTRACTOR:
190
Attachment “A” for WIOA Contract Assurances Page 2 of 22 additional agreements, modifications, invoices, or other documents as may be required by CITY and/or VWDB.
D. Sectarian Activities: CONTRACTOR certifies that the Agreement does not provide for the advancement or aid to any religious sect, church or creed, or sectarian purpose, and does not help to support or sustain any school, college, university, hospital, or other institution controlled by any religious creed, church, or sectarian denomination whatsoever.
E. N
ational Labor Relations Board: CONTRACTOR (if not a public entity), by signing the Agreement, does certify and swear under penalty of perjury, that no more than one final unappealable finding of contempt of court by a Federal court has been issued against CONTRACTOR within the immediately preceding two-year period because of CONTRACTOR’s failure to comply with an order of a Federal court, which orders CONTRACTOR to comply with an order of the National Labor Relations Board. (See Pub. Cont.
Code § 10296).
F. P
rior Findings: CONTRACTOR, by signing the Agreement , does certify and swear under penalty of perjury, that it has not failed to satisfy any major condition in a current or previous agreement with the DOL or the State of California and has not failed to satisfy conditions relating to the resolution of a final finding and determination, including repayment of debts.
G. D
rug -Free Workplace Certification: By signing the Agreement, CONTRACTOR certifies under penalty of perjury under the laws of the State of California that CONTRACTOR will comply with the requirements of the California Drug-Free Workplace Act of 1990 and the Federal Drug-Free Workplace Act of 1988, 41 U.S.C. 8103 et seq., and 2 CFR part 182, and will provide a drug-free workplace by taking the following actions:
1. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited in your workplace and specifying actions to be taken against employees for violations of this prohibition.
2. Establish a Drug-Free Awareness Program to inform employees about:
(a) The dangers of drug abuse in the workplace;
(b) CONTRACTOR’s policy of maintaining a drug-free workplace; (c) Any available drug counseling, rehabilitation and employee assistance programs; and
(d) The penalties that CONTRACTOR may impose upon employees for drug abuse violations occurring in the workplace.
3. Every CONTRACTOR employee who works under the Agreement will:
(a) Receive a copy of CONTRACTOR’s drug-free policy statement; (b) Agree to abide by the terms of CONTRACTOR’s statement as a condition of employment on the Agreement; and
191
Attachment “A” for WIOA Contract Assurances Page 3 of 22 (c) Be required to notify the CONTRACTOR in writing if the employee is convicted for a violation of a criminal drug statute in the workplace and be required to do so no more than five calendar days after the conviction.
H. Child Support Compliance Act: By signing the Agreement, CONTRACTOR certifies under penalty of perjury under the laws of the State of California that, in accordance with the Child Support Compliance Act, CONTRACTOR recognizes and acknowledges the importance of child and family support obligations and shall fully comply with the applicable State and Federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with Section 5200) of Part 5 of Division 9 of the Family Code; and that to the best of its knowledge CONTRACTOR is fully complying with the earnings assignment orders of all CONTRACTOR’s employees and is providing the names of all new CONTRACTOR’s employees to the New Employee Registry maintained by the State of California Employment Development Department (the “EDD”).
I. D
ebarment and Suspension Certification: By signing the Agreement , CONTRACTOR certifies under penalty of perjury under the laws of the State of California that CONTRACTOR will comply with regulations implementing Executive Order 12549, Debarment and Suspension, Uniform Guidance 2 CFR Part 200, Appendix II, and that CONTRACTOR, to the best of its knowledge and belief, certifies that it and its principals:
1. Are not presently debarred, suspended, proposed for debarment, and declared ineligible or voluntarily excluded from covered transactions by any Federal department or agency.
2. Have not, within a three-year period preceding the Agreement, been convicted of or had a civil judgment rendered against it for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract. Nor shall CONTRACTOR have, within a three-year period preceding the Agreement, been convicted of or had a civil judgment rendered against it for violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification, or destruction of records, making false statements, or receiving stolen property.
3. Are not presently indicted for, or otherwise criminally or civilly charged by a government entity (Federal, State, or local), with commission of any of the offenses enumerated in Section 2 of this Debarment and Suspension Certification.
4. Have not, within a three-year period preceding the Agreement, had one or more public transactions (Federal, State, or local) terminated for cause or default. Where CONTRACTOR is unable to certify to any of the statements in this Debarment and Suspension Certification, it shall attach an explanation to the Agreement explaining in detail why it cannot so certify.
192
Attachment “A” for WIOA Contract Assurances Page 4 of 22 J. Mandatory Disclosures: All WIOA and Wagner-Peyser recipients of Federal awards must disclose, as required at 2 CFR 200.113, in a timely manner, in writing to the Federal awarding agency or CITY and/or VWDB, all violations of Federal criminal law involving fraud, bribery, or gratuity violations potentially affecting the Federal award. Failure to make required disclosures can result in any of the remedies described in 2 CFR 200.338 (Remedies for noncompliance), including suspension or debarment.
K. L
obbying Certification: By signing the Agreement , CONTRACTOR assures and certifies to comply with the lobbying restrictions which are codified in the DOL regulations at Uniform Guidance 2 CFR Part 200 and DOL Exceptions 2 CFR 2900, as follows:
1. No Federal appropriated funds have been paid, by or on behalf of CONTRACTOR, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress, in connection with this Federal contract, grant loan, or cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, and officer or employee of Congress, or an employee of a Member of Congress, in connection with the Agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying”, in accordance with its instructions.
3. CONTRACTOR shall require that the language of the lobbying restrictions be included in the award documents for agreement transactions over $100,000 (per OMB) at all tiers (including agreements, contracts, and subcontracts, under grants, loan, or cooperative agreements), and that all subrecipients shall certify and disclose accordingly.
4. This Lobbying Certification is a material representation of fact. CITY has placed great reliance upon CONTRACTOR’s assurance and certification of this Lobbying Certification. Submission of this Lobbying Certification is a prerequisite for making or entering into the Agreement. (See Title 31 U.S.C. Section 1352.) Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each failure.
L. Non-discrimination / Equal Employment Opportunity:
1. CONTRACTOR assures that is conduct under the Agreement will be in accordance with Title VI of the Civil Rights Act of 1964, and the Rules and Regulations promulgated hereunder and the provisions of WIOA Section 188. Furthermore, CONTRACTOR assures that it will comply fully with the non-discrimination and equal opportunity provisions of the following laws:
(a) Section 188 of the WIOA, which prohibits discrimination against all individuals in the United States on the basis of race, color, 193
Attachment “A” for WIOA Contract Assurances Page 5 of 22 religion, sex, national origin, age, disability, political affiliation or belief, and against beneficiaries on the basis of either citizenship/status as a lawfully admitted immigrant authorized to work in the United States or participation in any WIOA financially assisted program or activity;
(b) Title VI of the Civil Rights Act of 1964, as amended, which prohibits discrimination on the basis of race, color, and national origin;
(c) Section 504 of the Rehabilitation Act of 1973, as amended, which prohibits discrimination against qualified individuals with disabilities;
(d) The Age Discrimination Act of 1975, as amended, which prohibits discrimination on the basis of age;
(e) Title IX of the Education Amendments of 1972, as amended, which prohibits discrimination on the basis of sex in educational programs.; and
(f) California’s Unruh Civil Rights Act, Civil Code Section 51, as amended, and California’s Fair Employment and Housing Act (FEHA), Government Code Section 12940, as amended, which prohibit discrimination on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status.
2. CONTRACTOR assures that it will comply with Uniform Guidance 2 CFR Part 200, DOL Exceptions 2 CFR Part 2900, and all other regulations implementing the laws listed above. This assurance applies to CONTRACTOR’s operation of the WIOA financially assisted program or activity, and to all agreements that CONTRACTOR makes to carry out the WIOA financially assisted program or activity.
CONTRACTOR understands that the United States has the right to seek judicial enforcement of this assurance.
3. CONTRACTOR assures that it will include the non-discrimination and compliance provisions of this clause in all subcontracts to perform work under the Agreement.
4. CONTRACTOR certifies that it will take affirmative action to ensure that no individual will be excluded from participation in, denied the benefits of, subjected to discrimination under, or denied employment in the administration or in connection with any services or activities authorized under the WIOA in violation of any applicable nondiscrimination law, including laws prohibiting discrimination on the basis of age, race, sex, color, religion, national origin, disability, political affiliation or belief. All complaints alleging discrimination must be filed and processed according to the procedures in the applicable DOL nondiscrimination regulations. 194
Attachment “A” for WIOA Contract Assurances Page 6 of 22
5. CONTRACTOR certifies that is will follow all WIOA procedures relating to complaints alleging violations of the WIOA and related regulations. Participants will be notified in writing, upon enrollment into employment or training, of the WIOA complaint procedures including notification of their right to file a complaint and instructions on how to do so. Complaint procedures include: (i) the right to file a complaint; (ii) the opportunity to resolve complaints informally; (iii) written notice of hearings; and (iv) a final decision within sixty (60) days of the date of filing.
6. CONTRACTOR certifies that it will comply with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, DOL.”
7. CONTRACTOR shall ensure equal employment opportunity based on objective personnel policies and practices for recruitment, selection, promotion, classification, compensation, performance evaluation, and employee management relations.
M. Salary and Bonus Limitations: In compliance with Public Law 109-234, none of the funds appropriated in Public Law 109-149 or prior Acts under the heading “Employment and Training” that are available for expenditure on or after June 15, 2006, including funds expended pursuant to the Agreement, shall be used by a recipient or subrecipient of such funds to pay the salary and bonuses of an individual, either as direct costs or indirect costs, at a rate in excess of Executive Level II, except as provided for under section 101 of Public Law 109-149. This limitation shall not apply to contractors providing goods and services as defined in Uniform Guidance 2 CFR Part 200 and the DOL Exceptions 2 CFR Part 2900. Where States are recipients of such funds, States may establish a lower limit for salaries and bonuses of those receiving salaries and bonuses from subrecipients of such funds, taking into account factors including the relative cost-of-living in the States, the compensation levels for programs involved including DOL Employment and Training Administration programs. (See Training and Employment Guidance Letter #05-06 for further clarification at
http://wdr.doleta.gov/directives/corr_doc.cfm?DOCN=2262.) The incurrence of costs and receiving reimbursement for these costs under the Agreement certifies that CONTRACTOR has read the above special condition and is in compliance.
N. F ederal Funding Accountability and Transparency Act (FFATA): As required by the Federal Funding Accountability and Transparency Act (“FFATA”), recipients of Federal awards are required to report sub-award and executive compensation information. By signing the Agreement, CONTRACTOR assures and certifies to comply with the provisions of FFATA, which includes requirements referenced in Uniform Guidance 2 CFR Part 200 and DOL Exceptions 2 CFR Part 2900.
O. C
lean Air Act; Water Pollution Control Act: Pursuant to Appendix II to 2 CFR Part 200, if the Agreement is a contract or subgrant in an amount in excess of $150,000, CONTRACTOR agrees to comply with all applicable standards, orders or regulations issued 195
Attachment “A” for WIOA Contract Assurances Page 7 of 22 pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). CONTRACTOR agrees to report any violations of the Clean Air Act and the Federal Water Pollution Control Act to the Federal awarding agency and the Regional Office of the Environmental Protection Agency.
P. Energy Efficiency: Pursuant to Appendix II to 2 CFR Part 200, CONTRACTOR agrees to comply with all mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 U.S.C. 6201).
Q. S
olid Waste Disposal Act: CONTRACTOR must comply with Section 6002 of the Solid Waste Act and 40 CFR Part 247 for items in excess of $10,000.
R. D avis -Bacon Act: CONTRACTOR must comply with the Davis-Bacon Act (40 U.S.C. 3141-3144 and U.S.C. 3141-3148) for prime construction contracts in excess of $2,000.
S. C ontract Work Hours and Safety Standards Act : CONTRACTOR must comply with the Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708) for contracts in excess of $100,000 that involve employment of mechanics or laborers.
III. TERMINATION
A. The performance of work under this Agreement may be terminated by CITY in whole or in part under any one of the following circumstances:
1. Termination for Cause.
If, through any cause, CONTRACTOR has either failed to provide any of the services specified in the Agreement, or failed to fulfill in a timely and proper manner its contractual obligations, or failed to make sufficient progress toward specified outcomes, or violates any of the provisions, conditions, or terms of the Agreement, CITY may notify CONTRACTOR in writing of its failure to perform. CONTRACTOR shall have ten (10) working days to respond to such notice with a corrective action plan that is agreeable to CITY in CITY’s reasonable discretion. If CONTRACTOR fails to respond within said ten (10)-day period, or responds with a plan that is unacceptable in CITY’s reasonable discretion, CITY may serve a termination notice on CONTRACTOR which shall become effective thirty (30) days after CITY’s service thereof. In the event of such termination, CITY shall only be liable to CONTRACTOR for payment for services rendered by CONTRACTOR prior to the effective date of termination, provided that such services were performed in accordance with the provisions of the Agreement.
2. Termination for Convenience.
If either CITY or CONTRACTOR determines that such termination is in its best interest, termination of work hereunder shall be effected by the terminating PARTY’s delivery of a written advance thirty (30) calendar-day Notice of Termination to the other PARTY, specifying the extent to which performance of work under the Agreement is terminated and the date upon which such termination becomes effective. 196
Attachment “A” for WIOA Contract Assurances Page 8 of 22 CONTRACTOR shall be entitled to receive just and equitable compensation for any Agreement services satisfactorily performed through the date of the termination. In no instance shall a termination for convenience be effective in less than thirty (30) days after receipt of written notice thereof.
3. Termination Due to Funding Cut.
CITY may unilaterally terminate this Agreement at any time its grants are suspended, reduced, or terminated before or during the Agreement Term. CITY shall make every reasonable effort to reimburse all program service-related costs incurred by CONTRACTOR. However, if this is not possible, CITY shall determine, in its reasonable discretion, the most equitable reduction of incurred costs for CONTRACTOR. In any event, the amount of reduction in funding of each Agreement as determined by CITY is not subject to appeal by CONTRACTOR.
Upon receipt of written notification of a funding reduction for the Agreement, CONTRACTOR shall follow any and all procedures for curtailing operations included in the Notice of Termination. CONTRACTOR shall take whatever reasonable steps it deems necessary to ensure that incurred costs do not exceed funding available under the Agreement. CITY and CONTRACTOR shall jointly formulate a plan as to the steps to be taken to terminate the Agreement, including termination of services to participants and the proper Exiting of participants from applicable program(s).
B. CONTRACTOR shall have the right to appeal a termination determination made by CITY under Article III, Section A, subsections 1 and 2 hereof; however, if CONTRACTOR fails to submit an appeal within thirty (30) calendar days from the date of the Notice of Termination, CONTRACTOR shall have no right to appeal a termination.
C. In any case of termination under this Article III where CITY has made a determination of the amount due CONTRACTOR, CITY shall pay to CONTRACTOR the following:
1. If no right to appeal is provided for hereunder or if no timely appeal has been taken, the amount so determined by CITY.
2. If the right to appeal is provided for hereunder and timely appeal has been taken, the amount finally determined on such appeal.
D. In arriving at the amount due CONTRACTOR under this Article III, there shall be deducted:
1. All unliquidated advances or other payments on account theretofore made to CONTRACTOR, applicable to the terminated portion of the Agreement;
2. Any amounts for claims which CITY may have against CONTRACTOR in connection with the Agreement.
197
Attachment “A” for WIOA Contract Assurances Page 9 of 22 E. In the event that any provision of the Agreement is unenforceable or held to be unenforceable, then the PARTIES agree that all other provisions of the Agreement have force and effect and shall not be affected hereby.
IV. INDEMNIFICATION
A. CONTRACTOR shall indemnify, defend and hold harmless, to the maximum extent permitted by law, CITY and its officers, agents, employees and representatives, from and against and all liability, suits, actions, proceedings, judgments, claims, losses, liens, damages, injuries (whether in contract or in tort, including personal injury, accidental death or property damage, and regardless of whether the allegations are false, fraudulent or groundless), costs and expenses (including attorney’s fees, litigation, arbitration, mediation, appeal expenses) which in whole or in part arise out of or are connected with, or which are alleged to have arisen out of or to have been connected with, CONTRACTOR’s performance of this Agreement (including performance by its agents, employees, subcontractors or by anyone CONTRACTOR directly or indirectly employed).
B. CONTRACTOR’s obligation to indemnify, defend and hold harmless shall remain in effect and shall be binding upon CONTRACTOR whether such injury or damage shall accrue, or may be discovered, before or after termination of the Agreement.
C. CONTRACTOR’s failure to comply with this section’s provisions shall constitute a material breach upon which CITY may result in suspension of payment or may immediately terminate or suspend this Agreement. Furthermore, CONTRACTOR may be ineligible for award of future state agreements/contracts if the department determined that any of the following has occurred:
1. False information on the certifications, or
2. Violation of the terms of the certifications by failing to carry out the requirements as noted above.
D. CONTRACTOR shall immediately notify CITY in writing of any injury to persons or damage to property related to this Agreement and of any actions or suits filed on any claims made against CITY or CONTRACTOR or any other parties involved in the implementation and administration of the WIOA program.
V. INSURANCE
A. When CONTRACTOR signs and delivers this Agreement to CITY, and during this Agreement’s Term, CONTRACTOR shall furnish CITY with insurance forms that fully meet the requirements of— and contain provisions entirely consistent with— all of the “Insurance Requirements,” which are attached as “Attachment E” (E-1 to E-6) to this Agreement and are incorporated into it by this reference.
B. This Agreement’s insurance provisions:
1. Are separate and independent from the indemnification and defense 198
Attachment “A” for WIOA Contract Assurances Page 10 of 22 provisions in Article IV of the Agreement; and
2. Do not limit, in any way, the applicability, scope, or obligations of the indemnification and defense provisions in Article IV of the Agreement.
VI. SUBCONTRACTING
A. None of the work or services covered by this Agreement shall be subcontracted unless such work or services are specified by a written subcontract, and approved by the CITY.
B. CONTRACTOR shall maintain and adhere to an appropriate system, consistent with federal, state and local law, for the award and monitoring of subcontracts which contain acceptable standards for ensuring accountability.
C. CONTRACTOR shall ensure that it does not subcontract with any entity whose officers have been convicted of fraud or misappropriation of funds within the last two years.
VII. STANDARDS OF CONDUCT
CONTRACTOR hereby assures that it shall comply with the standards of conduct hereinafter set out, shall maintaining the integrity of the Agreement, and shall avoid any conflict of interest in performing under the Agreement.
A. General Assurance: Every reasonable course of action will be taken by CONTRACTOR in order to maintain the integrity of the expenditure of public funds and to avoid favoritism and questionable or improper conduct. The Agreement will be administered in an impartial manner, free from efforts to gain personal, financial or political gain.
B. C onflicts of Interest :
1. CONTRACTOR assures that none of its agents or employees who exercise any functions or responsibilities in connection with CITY or the WIOA funded programs shall have any personal, financial, or political gain, direct or indirect, in this Contract.
2. CONTRACTOR shall, in accordance with 200.318 CFR (c)(1), maintain written standards of conduct covering conflicts of interest and governing the performance of its employees engaged in the selection, award and administration of any subcontracts.
No employee, officer, or agent must participate in the selection, award, or administration of a subcontract supported by a Federal award if he or she has a real or apparent conflict of interest. Such a conflict of interest would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the PARTIES indicated herein, has a financial or other interest in or a tangible personal benefit from a firm considered for a contract. The officers, employees, and agents of the CONTRACTOR must neither solicit nor accept gratuities, favors, or anything of monetary value from subcontractors or parties to subcontracts. However, CONTRACTOR may set standards for situations in which the 199
Attachment “A” for WIOA Contract Assurances Page 11 of 22 financial interest is not substantial or the gift is an unsolicited item of nominal value. The standards of conduct must provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents of the CONTRACTOR.
3. CONTRACTOR must disclose in writing, via e-mail, fax, or letter, any potential conflict of interest to CITY within 48 hours of identifying the potential conflict.
C. Buy-American: CONTRACTOR agrees that, as stated in Section 502 of WIOA, all funds authorized in WIOA and Wagner-Peyser must be expended in compliance with the Buy American Act (41 U.S.C. §§ 8301–8305).
D. N epotism : CONTRACTOR certifies that it shall not hire nor permit the hiring of any person in a position funded under the Agreement if a member of the person’s immediate family is employed in an administrative capacity. For the purpose of the Agreement, the term “immediate family” means spouse (common law or otherwise), child, mother, father, brother, sister, brother/sister-in-law, son/daughter-in-law, mother/father-in- law, aunt, uncle, niece, nephew, step-parent, step-child, or such other relationship which would give rise to a substantial appearance of impropriety if the person were to be hired by CONTRACTOR. The term “administrative capacity” means persons who have overall administrative responsibility for a program, including but not limited to, selection, hiring, or supervisory responsibilities.
E. P
rocurement : CONTRACTOR certifies that it will comply with all applicable local, State, and Federal procurement laws and regulations, including the standards indicated in Uniform Guidance 2 CFR Part 200.318 – General Procurement Standards.
VIII. FUNDING
A. CONTRACTOR assures CITY that it understands that the Agreement may have been written before ascertaining the availability of congressional and legislative appropriation of funds. CONTRACTOR enters the Agreement in advance of confirmation of the availability of funds in order to avoid program and fiscal delays which would occur if the Agreement was executed after that determination was made.
B. CONTRACTOR assures CITY that it understands that the Agreement is only valid and enforceable if: (i) sufficient funds are made available by the State Budget Act of the appropriate State fiscal years covered by the Agreement for the purposes of this program; and, (ii) sufficient funds are made available to the State by the United States Government for the fiscal years covered by the Agreement. Furthermore, CONTRACTOR understands that the Agreement is subject to any additional restrictions, limitations, or conditions enacted by the Congress and Legislature or any statute enacted by the Congress and Legislature which may affect the provisions, terms, or funding of the Agreement in any manner.
C. CITY retains the right to suspend financial assistance, in whole or in part, to protect the integrity of the funds or to ensure proper operation of the program, provided CONTRACTOR is given prompt notice and the opportunity for an informal review of CITY’s decision. CONTRACTOR’s failure to comply with the provisions of the Agreement and all Attachments thereto, or with the WIOA or regulations, when such failure involves fraud or misappropriation of funds, may result in immediate withholding of funds. 200
Attachment “A” for WIOA Contract Assurances Page 12 of 22 IX. FISCAL ACCOUNTABILITY
A. CONTRACTOR shall establish and maintain a sound financial management system, based upon Generally Accepted Accounting Principles. An integral part of the required financial management system is a system of internal accounting controls that will provide reasonable assurance that WIOA assets are safeguarded against loss from unauthorized use or disposition, and that accounting transactions affecting WIOA fund accountability are properly charged and recorded by administrative and program cost categories to permit the preparation of accurate and supportable financial reports.
B. CONTRACTOR certifies that it will comply with controls, record keeping, and fund accounting procedure requirements of WIOA, Federal, and State laws, regulations, and directives to ensure the proper accounting for program funds paid to CONTRACTOR by CITY through a cost reimbursement process.
C. The Agreement provides for the reimbursement of allowable costs that are identified and approved in the Agreement Budget, and incurred in the operation of the programs specified in the scope of services. Back-up documentation is required by CONTRACTOR to justify reimbursement payments made under the Agreement.
D. No cost shall be allowed under the Agreement which is not specifically identified in CONTRACTOR’s approved Budget. CONTRACTOR shall not transfer funds between cost categories or adjust designated “total budget” line items without prior written approval by authorized VWDB staff. Invoices for reimbursement submitted by CONTRACTOR that include designated total line item expenditures above the total budget for that designated line item will not be paid until the cost overrun is reconciled. All limitations on expenditures specified in Federal and State fiscal requirements shall apply to the Agreement.
E. CONTRACTOR shall not charge nor receive compensation under the Agreement for any services or expenses unless said services or expenses are directly and exclusively related to the purpose of the Agreement.
F. In accordance with the requirements at 2 CFR 200.400(g), CONTRACTOR may not earn or keep any profit resulting from WOIA funds paid under the Agreement, or other federal financial assistance.
G. CONTRACTOR shall make available to CITY, upon request, a complete and detailed record or cost allocation of any expenses that are, in whole or in part, supported with program funds. This detailed account shall include percentages and total contributions from both WIOA and non-WIOA sources.
X. AMENDMENTS
The Agreement may be unilaterally modified by CITY, under the following circumstances:
A. There is a decrease in Federal or State funding levels. 201
Attachment “A” for WIOA Contract Assurances Page 13 of 22 B. Funds awarded to CONTRACTOR have not been expended in accordance with the budget included in the approved CONTRACTOR’S plan. This will occur if, after consultation with CONTRACTOR, CITY has determined, in a manner consistent with State and Federal law, regulations and policies, that funds will not be spent in a timely manner.
C. There is a change in State and Federal law or regulation requiring a change in the provisions of the Agreement.
XI. RECORDS MAINTENANCE & RETENTION
A. CONTRACTOR shall retain all records pertinent to the Agreement for a period of three (3) years from the date of final payment of the Agreement. If, at the end of three (3) years, there is litigation or an audit involving those records, CONTRACTOR will retain the records until the resolution of such litigation or audit. (See Uniform Guidance, Subpart D, Part 200.333- 200.337.)
B. CITY, State of California, and/or the U.S. DOL, or their designee (see Uniform Guidance, Subpart F, Part 200.500-200.521) shall have access to and right to examine, monitor and audit all records, documents, conditions and activities related to programs funded by the Agreement. For purposes of this section, “access to” means that CONTRACTOR shall at all times maintain within the State of California a complete set of records and documents related to programs funded by the Agreement. CONTRACTOR shall comply with this requirement regardless of whether it ceases to operate or maintain a presence within the State of California before the expiration of the agreement.
C. Portable Document Format (PDF), electronic, machine readable information or paper documentation is allowed for the purpose of records maintenance and retention, as long as there are appropriate and reasonable internal controls in place to safeguard against any inappropriate alteration of records. (See Uniform Guidance 2 CFR 200.335 – Methods for Collection, Transmission and Storage of Information.)
XII. AUDITS
A. CONTRACTOR shall maintain and make available to auditors, at all levels, accounting and program records including supporting source documentation and cooperate with all auditors. CONTRACTOR must follow the audit requirements of Uniform Guidance 2 CFR, Part 200 and DOL Exceptions 2 CFR Part 2900.
XIII. DISALLOWED COSTS
A. CONTRACTOR will be liable for and will repay CITY any amounts expended under the Agreement found not to be in compliance with the WIOA, including, but not limited to, disallowed costs. Such repayment will be from funds (Non-Federal) other than those received under the WIOA. Payment of any disallowed costs must be made within 30 days of notification of the disallowed costs, unless otherwise specified by CITY. 202
Attachment “A” for WIOA Contract Assurances Page 14 of 22 B. If CONTRACTOR fails to refund any disallowed cost within 30 days, CITY may, at its sole discretion, terminate any and all agreements with CONTRACTOR effective immediately thereon.
XIV. PROPERTY
A. All property, whether finished or unfinished documents, data, studies and reports prepared or purchased by CONTRACTOR under the Agreement, will be disposed of in accordance with the direction of the CITY. In addition, any tools and/or equipment furnished to CONTRACTOR by CITY and/or purchased by CONTRACTOR with funds pursuant to the Agreement, will be limited to the use within the activities outlined in the Agreement and will remain the property of CITY and/or the DOL. Upon termination of the Agreement, CONTRACTOR will immediately return such tools and/or equipment to CITY or dispose of them as prescribed by CITY.
B. All non-expendable property acquired with program funds provided, in whole or in part, under the Agreement shall become property of CITY at the time of acquisition and shall be returned to CITY upon termination of the Agreement and completion of the program or at such time as CITY makes a request for such property. Non-expendable property is defined as property which will not be consumed or lose its identity during the Agreement Term, has a unit value in excess of $1,000 at the time of purchase, and is expected to have a useful life of one year or more.
C. CONTRACTOR shall obtain advance written approval of CITY for purchase of any non-expendable equipment having a unit purchase price of $1,000 or more, and use expectancy in excess of one year.
D. Property records for non-expendable property shall be accurately maintained by CONTRACTOR and shall reflect the following:
1. A description of the property;
2. Acquisition date and costs;
3. Supplier; and
4. Percentage of the cost of the property purchased with funds from the Agreement.
E. CONTRACTOR shall ensure that adequate safeguards are provided to prevent loss, damage, or theft of the property. In the case of all suspected thefts, and if there is any possibility of a criminal cause of the loss or damage, CONTRACTOR shall report the loss, damage, or theft to the police, and CONTRACTOR shall provide a copy of the law enforcement report to CITY and VWDB.
XV. INTELLECTUAL PROPERTY PROVISIONS
203
Attachment “A” for WIOA Contract Assurances Page 15 of 22 A. Federal Funding: In any agreement funded, in whole or in part, by the Federal government, CITY may acquire and maintain the Intellectual Property rights, title, and ownership, which result directly or indirectly from the agreement, except as provided in 37 CFR Par 401.14. However, pursuant to Uniform Guidance 2 CFR Part 200 and DOL Exceptions 2 CFR Part 2900, the Federal government shall have a royalty-free, non-exclusive, irrevocable, paid-up license throughout the world to use, duplicate, or dispose of such Intellectual Property throughout the world in any manner for governmental purposes and to have and permit others to do so.
B. Own
ership :
1. Except where CITY has agreed in a signed writing to accept a license, CITY shall be and remain, without additional compensation, the sole owner of any and all rights, title and interest in all Intellectual Property, from the moment of creation, whether or not jointly conceived, that are made, conceived, derived from, or reduced to practice by CONTRACTOR or CITY and which result directly or indirectly from the Agreement.
2. For the purpose of the Agreement, “Intellectual Property” means recognized protectable rights and interest such as: patents, (whether or not issued) copy rights, trademarks, service marks, applications for any of the foregoing, inventions, trade secrets, trade dress, logos, insignia, color combinations, slogans, moral rights, right of publicity, author’s rights, contract and licensing rights, works, mask works, industrial design rights, rights of priority, know how, design flows, methodologies, devices, business processes, developments, innovations, good will, any data or information maintained, collected or stored in the ordinary course of business by CITY, and all other legal rights protecting intangible proprietary information as may exist now and/or hereafter come into existence, and all renewals and extensions, regardless of whether those rights arise under the laws of the United States, or any other State, country or jurisdiction. For the purpose of the definition of Intellectual Property, “works” means all literary works, writings and printed matter including the medium by which they are recorded or reproduced, photographs, art work, pictorial and graphic representations and works of a similar nature, film, motion pictures, digital images, animation cells, and other audiovisual works including positives and negatives thereof, sound recordings, tapes, educational materials, interactive videos, computer software and any other materials or products created, produced, conceptualized and fixed in a tangible medium of expression.
It includes preliminary and final products and any materials and information developed for the purpose of producing those final products. “Works” does not include articles submitted to peer review or reference journals or independent research projects.
3. In the performance of the Agreement, CONTRACTOR may exercise and utilize certain of its Intellectual Property in existence prior to the effective date of the Agreement. In addition, under the Agreement, CONTRACTOR may access and utilize certain of CITY’s Intellectual Property in existence prior to the effective date of the Agreement. Except as otherwise set forth herein, CONTRACTOR shall not use any of CITY’s Intellectual Property now existing or hereafter existing for any purposes without the prior written permission of the CITY. Except as otherwise set forth herein, neither 204
Attachment “A” for WIOA Contract Assurances Page 16 of 22 CONTRACTOR nor CITY shall give any ownership interest in or rights to its Intellectual Property to the other PARTY. If, during the term of the Agreement, CONTRACTOR accesses any third-party Intellectual Property that is licensed to CITY, CONTRACTOR agrees to abide by all license and confidentiality restrictions applicable to CITY in the third-party’s license agreement.
4. CONTRACTOR agrees to cooperate with CITY in establishing or maintaining the CITY’s exclusive rights in the Intellectual Property, and in assuring CITY’s sole rights against third parties with respect to the Intellectual Property. If CONTRACTOR enters into any agreements or subcontracts with other parties in order to perform the Agreement, CONTRACTOR shall require the terms of the agreement(s) to include all Intellectual Property provisions contained herein. Such terms must include, but are not limited to, the subcontractor assigning and agreeing to assign to CONTRACTOR all rights, title and interest in Intellectual Property made, conceived, derived from, or reduced to practice by the subcontractor, CONTRACTOR, or CITY, and which result directly or indirectly from the Agreement or any subcontract.
5. The requirement for the CONTRACTOR to include all Intellectual Property Provisions contained herein in all agreements and subcontracts it enters into with other parties does not apply to agreements or subcontracts that are for customized and on-the-job training as authorized under 20 CFR 663.700-730.
6. CONTRACTOR further agrees to assist and cooperate with CITY in all reasonable respects, and execute all documents and, subject to reasonable availability, give testimony and take all further acts reasonably necessary to acquire, transfer, maintain, and enforce the CITY’s Intellectual Property rights and interests.
C. Retained Rights / License Rights:
1. Except for Intellectual Property made, conceived, derived from, or reduced to practice by CONTRACTOR or CITY and which result directly or indirectly from the Agreement, CONTRACTOR shall retain title to all of its Intellectual Property to the extent such Intellectual Property is in existence prior to the effective date of the Agreement. CONTRACTOR hereby grants to CITY, without additional compensation, a permanent, non-exclusive, royalty-free, paid-up, worldwide, irrevocable, perpetual, non- terminable license to use, reproduce, manufacture, sell, offer to sell, import, export, modify, publicly and privately display/perform, distribute, and dispose of CONTRACTOR’s Intellectual Property with the right to sublicense through multiple layers, for any purpose whatsoever, to the extent it is incorporated in the Intellectual Property resulting from the Agreement, unless CONTRACTOR assigns all rights, title and interest in the Intellectual Property as set forth herein.
2. Nothing in this provision shall restrict, limit, or otherwise prevent CONTRACTOR from using any ideas, concepts, know-how, methodology or techniques related to its performance under the Agreement, provided that CONTRACTOR user does not infringe the patent, copyright, trademark rights, license or other Intellectual Property rights of CITY or third-party, or result in a breach or default of any Intellectual Property 205
Attachment “A” for WIOA Contract Assurances Page 17 of 22 provisions contained herein or result in a breach of any provisions of law relating to confidentiality.
D. Copyright:
1. CONTRACTOR agrees that for purposes of copyright law, all works of authorship made by or on behalf of CONTRACTOR in connection with CONTRACTOR’s performance of the Agreement shall be deemed “works made for hire”. CONTRACTOR further agrees that the work of each person utilized by CONTRACTOR in connection with the performance of the Agreement will be a “work made for hire”; whether that person is an employee of CONTRACTOR or that person has entered into an agreement with CONTRACTOR to perform the work. CONTRACTOR shall enter into a written agreement with any such person that: (i) all work performed for CONTRACTOR shall be deemed a “work made for hire” under the Copyright Act and (ii) that person shall assign all rights, title, and interest to the CITY to any work product made, conceived, derived from or reduced to practice by CONTRACTOR or CITY and which result directly or indirectly from the Agreement. (See to Uniform Guidance 2 CFR Part 200 and DOL Exceptions 2 CFR Part 2900.)
2. All materials, including, but not limited to, computer software, visual works or text, reproduced or distributed pursuant to the Agreement that include Intellectual Property made, conceived, derived from, or reduced to practice by CONTRACTOR or CITY and which result directly or indirectly from the Agreement may not be reproduced or disseminated without prior written permission from the CITY.
E. Patent Rights: With respect to inventions (see Uniform Guidance 2 CFR Part 200 and DOL Exceptions 2 CFR Part 2900), made by CONTRACTOR in the performance of the Agreement, which did not result from research and development specifically included in CONTRACTOR’s agreement scope of services, CONTRACTOR hereby grants to CITY a license for devices or material incorporating, or made through the use of such inventions. If such inventions result from research and development work specifically included within CONTRACTOR’s agreement scope of services, then CONTRACTOR agrees to assign to CITY, without additional compensation, all its rights, title and interest in and to such inventions and to assist the CITY in securing United States and foreign patents with respect thereto.
F. T
hird -Party Intellectual Property: Except as provided herein, CONTRACTOR agrees that its performance of the Agreement shall not be dependent upon or include any Intellectual Property of CONTRACTOR or third-party without first: (i) obtaining CITY’s prior written approval; and (ii) granting to or obtaining for CITY, without additional compensation, a license for any of CONTRACTOR or third-party’s Intellectual Property in existence prior to the effective date of the Agreement. If such a license upon these terms is unattainable, and the CITY determines that the Intellectual Property should be included in or is required for CONTRACTOR’s performance of the Agreement, CONTRACTOR shall obtain a license under terms acceptable to the CITY.
G. War
ranties :
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Attachment “A” for WIOA Contract Assurances Page 18 of 22
1. CONTRACTOR represents and warrants that:
(a) It has secured and will secure all rights and licenses necessary for its performance of the Agreement.
(b) Neither CONTRACTOR’s performance of the Agreement, nor any use, reproduction, manufacture, sale, offer to sell, import, export, modification, public and private display/performance, distribution, and disposition of the Intellectual Property made, conceived, derived from, or reduced to practice by CONTRACTOR or CITY and which result directly or indirectly from the Agreement will infringe upon or violate any Intellectual Property right, non- disclosure obligation, or other proprietary right or interest of any third-party or entity now existing under the laws of, or hereafter existing or issued by, any State, the United States, or any foreign country. There are currently no actual or threatened claims by any such third-party based on an alleged violation of any such right by CONTRACTOR.
(c) Neither CONTRACTOR’s performance nor any part of its performance will violate the right of privacy of, or constitute a libel or slander against any person or entity.
(d) It has secured and will secure all rights and licensees necessary for Intellectual Property including, but not limited to, consents, waivers, or releases from all authors off music or performances used, and talent (radio, television and motion picture talent), owners of any interest in and to real estate, sites locations, property or props that may be used or shown.
(e) It has not granted and shall not grant to any person or entity any right that would or might derogate, encumber, or interfere with any of the rights granted to CITY in the Agreement.
(f) It has appropriate systems and controls in place to ensure that State and Federal funds will not be used in the performance of the Agreement for the acquisition, operation or maintenance of computer software in violation of copyright laws.
(g) It has no knowledge of any outstanding claims, licenses or other charges, liens, or encumbrances of any kind or nature whatsoever that could affect in any way CONTRACTOR’s performance of the Agreement.
2. CITY makes no warranty that the intellectual property resulting from the agreement does not infringe upon any patent, trademark, copyright or the like now existing or subsequently issued.
H. Intellectual Property Indemnity:
1. CONTRACTOR shall indemnify, defend and hold harmless CITY and VWDB, and each of their licensees, assignees, officers, directors, employees, agents, representatives, successors, and users of its products, (“Indemnitees”) from and against 207
Attachment “A” for WIOA Contract Assurances Page 19 of 22 all claims, actions, damages, losses, liabilities (or actions or proceedings with respect to any thereof), whether or not rightful, arising from any and all actions or claims by any third-party or expenses related thereto (including, but not limited to, all legal expenses, court costs, and attorneys’ fees incurred in investigating, preparing, serving as a witness in, or defending against, any such claim action, or proceeding, commenced or threatened) to which any of the Indemnitees may be subject, whether or not CONTRACTOR is a party to any pending or threatened litigations, which arise out of or are related to (i) the incorrectness or breach of any of the representations, warranties, covenants or agreements of CONTRACTOR pertaining to Intellectual Property; or (ii) any Intellectual Property infringement, or any other type of actual or alleged infringement claim, arising out of CITY’s use, reproduction, manufacture, sale, offer to sell, distribution, import, export, modification, public and private performance/display, license, and disposition of the Intellectual Property made, conceived, derived from, or reduced to practice by CONTRACTOR or CITY and which result directly or indirectly from the Agreement.
This indemnity obligation shall apply irrespective of whether the infringement claim is based on a patent, trademark or copyright registration that was issued after the effective date of the Agreement. CITY reserves the right to participate in and/or control, at CONTRACTOR’s expense, any such infringement action brought against CITY.
2. Should any Intellectual Property licensed by CONTRACTOR to CITY under the Agreement become the subject of an Intellectual Property infringement claim, CONTRACTOR will exercise its authority reasonably and in good faith to preserve CITY’s right to use the licensed Intellectual Property in accordance with the Agreement at no expense to CITY. CITY shall have the right to monitor and appear through its own counsel (at CONTRACTOR’s expense) in any such claim or action. In the defense or settlement of the claim, CONTRACTOR may obtain the right for CITY to continue using the licensed Intellectual Property or, replace or modify the licensed Intellectual Property so that the replaced or modified Intellectual Property becomes non-infringing provided that such replacement or modification is functionally equivalent to the original licensed Intellectual Property. If such remedies are not reasonably available, CITY may be entitled to a refund of all monies paid under the Agreement, without restriction or limitation of any other rights and remedies available at law or in equity.
3. CONTRACTOR agrees that damages alone would be inadequate to compensate CITY for breach of any term of these Intellectual Property provisions by CONTRACTOR. CONTRACTOR acknowledges CITY would suffer irreparable harm in the event of such breach and agrees CITY shall be entitled to obtain equitable relief, including without limitation an injunction, from a court of competent jurisdiction, without restriction or limitation of any other rights and remedies available at law or in equity.
XVI. CONFIDENTIALITY REQUIREMENTS
CITY and CONTRACTOR will exchange various kinds of information pursuant to the Agreement. That information will include data, applications, program files, and databases. These data and information are confidential when they define an individual or an employing unit.
Confidential information requires special precautions to protect it from unauthorized use, access, 208
Attachment “A” for WIOA Contract Assurances Page 20 of 22 disclosure, modification, and destruction. The sources of information may include, but are not limited to, the CITY, State of California EDD, California Department of Social Services, California Department of Education, California Department of Corrections and Rehabilitation, County Welfare Department(s), County Office of Child Support, Office of the District Attorney, California Department of Mental Health, California Office of Community Colleges and Department of Alcohol and Drug Programs.
CITY and CONTRACTOR agree that:
A. Each PARTY must recognize and safeguard personally identifiable information (“PII”) and information designated as sensitive in accordance with Uniform Guidance 2 CFR 200.303 – Safeguarding Personally Identifiable Information. CONTRACTOR must take reasonable measures to safeguard protected PII, as well as any information that the CITY designates as sensitive. Both CONTRACTOR and CITY must meet the requirements in Training and Employment Guidance letter (TEGL) 39-11, Guidance on the Handling and Protection of Personally Identifiable Information, located at
http://wdr.doleta.gov/directives/corr_doc.cfm?DOCN=7872 .
B. Each PARTY shall keep all information that is exchanged between them in the strictest confidence and make sure information available to their respective employees is only on a “need-to-know” basis.
C. Each PARTY shall provide security sufficient to ensure protection of confidential information from improper use and disclosures, including sufficient administrative, physical, and technical safeguards to protect this information from reasonable unanticipated threats to the security or confidentiality of the information.
D. CONTRACTOR agrees that information obtained under the Agreement will not be reproduced, published, sold or released in original or in any other form for any purpose other than those specifically identified in the Agreement.
1. Aggregate Summaries: All reports and/or publications developed by CONTRACTOR based on data obtained under the Agreement shall contain confidential data in aggregated or statistical summary form only. “Aggregated” refers to a data output that does not allow identification of an individual or employer unit.
2. P
ublication : Prior to publication, CONTRACTOR shall carefully analyze aggregated data outputs to ensure the identity of individuals and/or employer units cannot be inferred pursuant to Unemployment Insurance Code Section 1094(c). Personal identifiers must be removed. Geographic identifiers should be specified only in large areas and as needed, and variables should be recorded in order to protect confidentiality.
3. M
inimum Data Cell Size: The minimum data cell size or derivation thereof shall be three participants for any data table released to outside parties or to the public.
E. Each PARTY agrees that no disaggregate data, identifying individuals or employers, shall be released to outside parties or the public. 209
Attachment “A” for WIOA Contract Assurances Page 21 of 22 F. CONTRACTOR shall notify CITY of any actual or attempted information security incidents, within 24 hours of initial detection, by telephone to the VWDB. Information security incidents include, but are not limited to, any event (intentional or unintentional), that causes the loss, damage, or destruction, or unauthorized access, use, modification, or disclosure of information assets. CONTRACTOR shall cooperate with the CITY in any investigation of security incidents. The system or device affected by an information security incident and containing confidential data obtained in the administration of this program shall be immediately removed from operation upon confidential data exposure or a known security breach. It shall remain removed from operation until correction and mitigation measures are applied. If CONTRACTOR learns of a breach in the security of the system which contains confidential data obtained under the Agreement, then CONTRACTOR must provide notification to individuals pursuant to Civil Code Section 1798.82.
G. CONTRACTOR shall provide for the management and control of physical access to information assets (including personal computer systems, computer terminals, mobile computing devices, and various electronic storage media) used in performance of the Agreement.
This shall include, but is not limited to, security measures to physically protect data, systems, and workstations from unauthorized access and malicious activity; the prevention, detection, and suppression of fires; and the prevention, detection, and minimization of water damage.
H. At no time will confidential data obtained pursuant to the Agreement be placed on a mobile computing device or on any form of removable electronic storage media of any kind unless the data are fully encrypted.
I. Each PARTY shall provide its employees with access to confidential information with written instructions fully disclosing and explaining the penalties for unauthorized use or disclosure of confidential information found in Section 1798.55 of the Civil Code, Section 502 of the Penal Code, Section 2111 of the Unemployment Insurance Code, Section 10850 of the Welfare and Institutions Code and other applicable local, State and Federal laws.
J. Each PARTY shall (where it is appropriate) store and process information in electronic format, in such a way that unauthorized persons cannot reasonably retrieve the information by means of a computer.
K. Each PARTY shall promptly return to the other PARTY confidential information when its use ends, or destroy the confidential information utilizing an approved method of destroying confidential information: shredding, burning, or certified or witnessed destruction.
Magnetic media are to be degaussed or returned to the other PARTY.
L. If the CITY or CONTRACTOR enters into an agreement with a third-party to provide WIOA services, the CITY and CONTRACTOR agree to include these data and security and confidentiality requirements in the agreement with that third-party. In no event, shall said information be disclosed to any individual outside of that third-party’s authorized staff, subcontractor(s), service providers, or employees.
M. CONTRACTOR may, in its program operations, allow an individual to register for resume-distribution services at the same time the individual enrolls in CalJOBS. 210
Attachment “A” for WIOA Contract Assurances Page 22 of 22 CONTRACTOR shall ensure that it and all subcontractors comply with the Intellectual Property requirements of the Agreement, the confidentiality requirements of the Agreement and any other terms of the Agreement that may be applicable. In addition, the following requirements must be adhered to by CONTRACTOR and its subcontractors:
1. All client information submitted over the Internet to CONTRACTOR and/or subcontractor(s) databases must be protected, at a minimum, by 128-bit Secure Socket Layer (SSL) encryption. Client’s social security numbers must be stored in a separate database within CONTRACTOR and/or subcontractor(s) network of servers, and protected by a firewall and a secondary database server firewall or AES data encryption.
If a CONTRACTOR and/or subcontractor(s) obtain confidential information, the agreement between CONTRACTOR and its subcontractor(s) must specifically state the purpose for the data collection and the term of records retention must be stated, and directly related, to the purpose and use of the information. In accordance with Uniform Guidance 2 CFR Part 200 and DOL Exceptions 2 CFR Part 2900, social security numbers and other client specific information shall not be retained for more than three years after a client completes services. CONTRACTOR and/or subcontractor(s) should extend this period, only if any litigation, claim, negotiation, audit, or other action involving the records has been started before the end of the three-year retention period. In this case, the records should be maintained until completion of the action and resolution of all issues arising from it, or until the close of the three-year retention period, whichever is later.
2. Client information (personal information that identifies a client such as name and social security number) and/or demographic information of a client (such as wage history, address, and previous employment) shall not be used as a basis for commercial solicitation during the time the client or agency is using CONTRACTOR and/or subcontractor(s) services. Client information and/or demographic information shall not be used for any purposes other than those specific program purposes set forth in CONTRACTOR and subcontractor(s) agreement scope of services.
N. Each PARTY shall designate an employee who shall be responsible for overall security and confidentiality of its data and information systems and each PARTY shall notify the other of any changes in that designation.
211
Position Title % Charged
to this
project
Actual
Annual
Salary
Actual Annual
Benefits
Total Annual
Salary
Actual Salary
Amount
Requested
Administrative Analyst II 60.0% 99,812$ 26,956$ 126,768$ 76,061$ Administrative Analyst I 15.5% 82,158$ 24,559$ 106,717$ 16,571$ Librarian 45.1% 89,268$ 27,890$ 117,158$ 52,867$ -$ -$
Program Staff Total 271,237$ 79,405$ 350,642$ 145,500$ 145,500$
Cost per # of items Total
-$
N/A
Cost/Amount
-$
BUDGET DETAILS
Staff Salaries and Benefits Detail
Staff Travel/Meeting/Conferences
Operating Expenses Detail
Staff Salaries and Benefits TOTAL
Line Item
CITY OF GLENDALE - VERDUGO WORKFORCE DEVELOPMENT BOARD
BUDGET EXHIBIT
-$
Total
145,500$
-$
Line Item
Salaries/Benefits
Staff Travel/Meeting/Conferences
City of Burbank
July 1, 2025 to June 30, 2026
Job Connect
CONTRACTOR
PROJECT NAME
Contracts
Other
TOTAL BUDGET NOT TO EXCEED
CONTRACT DATES
-$
Operating Expenses
Training
-$
Line Item (Example: Supplies, Printing, etc.)
N/A
Operating Expenses TOTAL
Attachment B
N/A
Trave/Meeting/Conferences TOTAL
-$
-$
-$
145,500$
Supportive Services
Stipend/Incentives
212
Cost Per ITA Total
-$ -$
Cost Per OJT Total
-$ -$
# of Participants Hourly Wage Benefits
(%)
Total Benefits
per Hour
Number of Hours Total
N/A
-$
# of Youth Hourly Wage Benefits
(%)
Total Benefits
per Hour
Number of Hours Total
N/A
-$
-$
Number Cost per Item Total
-$
# of items Cost Per items Total
-$
Amount
-$
Total
-$
# of Participants
N/A
# of Participants
N/A
N/A
ITA/Classroom Training
ITA Expenses TOTAL
OJT/On the Job Training
WEX/ WAGES/BENEFITS YOUTH
Stipends/Incentive TOTAL
WEX Wage TOTAL
Supportive Services
Stipends/Incentives
Training Expenses Detail
N/A
Supportive Services TOTAL
Line Item
Other TOTAL
N/A
Contracts
Contractor Name
Contracts TOTAL
Other
Item
TJ Wage TOTAL
Line Item
N/A
Training Expenditure TOTAL
OJT Expenses TOTAL
TJ/TRANSITIONAL JOBS WAGES/BENEFITS ADULT
213
145,500$
PROJECT NO:
CONTRACT NO:
ALLOCATION COST:
PROJECT NO:
CONTRACT NO:
ALLOCATION COST:
PROJECT NO:
CONTRACT NO:
ALLOCATION COST:
TOTAL:
CONTRACT TOTAL BUDGET - NOT TO EXCEED
Internal Use Only
Project Data
214
\
215
ATTACHMENT C
Verdugo Workforce Development Administration
Policy and Procedure Regarding
Incident Reporting, Including Incidents of Fraud, Abuse and Waste
I. Purpose
The purpose of this Policy and Procedure is to provide all Verdugo Workforce Innovation and Opportunity Act (WIOA) staff and contractors with the requirements under WIOA to report to the appropriate agencies any and all incidents, including, but not limited to criminal fraud, criminal abuse or other criminal activity and noncriminal complaints, such as waste of funds.
Verdugo WIOA staff includes staff of Verdugo Workforce Development Administration (VWDA), the Verdugo Jobs Center (VJC) and the Burbank Annex of the VJC (BA).
II. Governing Law
20 CFR 683.620 and Training and Employment Guidance Letter (TEGL) 2-12
III. Definitions and Glossary of Terms Related to Reportable Issues
The federal definitions that follow are provided for use as a guide in the identification of fraud, abuse, and other criminal activity. Since the definitions cannot address every possible activity, questions as to whether an activity is reportable under this policy should be referred to VWDA for clarification and guidance.
Complaint: For this Policy only, means criminal complaints and noncriminal complaints accepted by the Department of Labor (DOL) as incidents, such as gross waste of funds, mismanagement and dangers to the public health and safety.
Fraud is any deceitful act or omission, or willful device used with the intent to obtain some unjust advantage for one party, or to cause an inconvenience or loss to another party. Types of fraud include embezzlement, forgery, theft, solicitation and receipt of bribes (kickbacks), and falsification of records and claims regarding trainees (e.g., knowingly enrolling ineligible participants). Criminal fraud is a type of larceny and is punishable under both federal and California law as a felony. Civil fraud is subject to tort actions under civil laws.
Misapplication of Funds is defined as any use of funds, assets, or property not authorized or provided for in the grant or contract, This category includes, but is not limited to , nepotism, political patronage, use of participants for political activity, intentional services to ineligible enrollees, conflict of interest, failure to report income derived from federal funds, violation of contract provisions, maintenance of effort violations, and the use of the Workforce Innovation and Opportunity Act (WIOA) funds for other than WIOA purposes.
Gross Mismanagement is defined as actions, or situations arising out of management ineptitude or oversight, which severely hamper accomplishment of program goals. These include situations, which lead to a major violation of contract provisions and/or which lead to waste of government 216
ATTACHMENT C
resources and put into serious jeopardy future support for a particular project. This category includes, but not limited to, unauditable records, unsupported costs, highly inaccurate fiscal and/or program reports, payroll discrepancies, payroll deductions not paid to the Internal Revenue Service or the State of California, and the lack of internal procedures.
Employee/Participant Misconduct should be considered as actions occurring during or outside work hours that reflect negatively on the program or its purpose, and may include, but are not limited to, conflict of interest involving outside employment, business and professional activities, and the receipt or giving of gifts, fees, entertainment, and favors; misuse of federal property; misuse of official information; and other activities that might adversely affect the confidence of the public regarding the integrity of government.
Standard of Conduct Violations are violations of terms and conditions stipulated in the subgrant agreement. The relevant stipulations in the subgrant agreement are General Assurances, Employment of Former State Employees, Conducting Business Involving Relatives, Conducting Business Involving Close Personal Friends and Associates, Avoidance of Conflict of Economic Interest, and Maintenance of Effort.
IV. Procedures
All Verdugo WIOA staff and subcontractors are required to promptly report to the following three agencies simultaneously all allegations of WIOA-related fraud, abuse, gross waste of funds, dangers to public health and safety, and other criminal activity. Within one workday of detection or discovery of information alleging fraud, abuse, or other criminal activity involving WIOA funds, a written incident report shall be prepared by the detecting entity. Reports should be made using the form on page five (5) of this Policy.
The agencies that must be notified are:
1. Verdugo Workforce Development Administration
1255 S. Central Ave.
Glendale, CA 91204
Attention: Judith Velasco
(818) 937-8031
2. Compliance Resolution Unit
Compliance Review Division, MIC 22M
Employment Development Department
P.O. Box 826880
Sacramento, CA 94280-0001
217
ATTACHMENT C
3. Office of Inspector General
United States Department of Labor
By mail to:
200 Constitution Avenue, N.W., Room S-5506
Washington, DC 20210
Or at their website: http://www.oig.dol.gov/hotlineform.htm
Or by phone: 202-693-6999 or 1-800-347-3756
Or by fax: 202-693-7020
Or by email: [email protected]
Allegations considered to be of an emergency nature may be reported by telephone to the Employment Development Department’s Compliance Resolution Unit Supervisor at (916) 653- 3270 and by calling the Office of Inspector General/Department of Labor (OIG/DOL) Hotline at (800) 347-3756.
Anyone, whether Verdugo WIOA staff or contractors, who detect the presence or appearance of fraud, abuse, or other criminal activity must obtain sufficient information to provide a clear, concise report of each incident. Reports must include a statement of all facts, known at the time, as well as any known or estimated loss of WIOA funds resulting from the incident.
It is important that an initial report is made to the Office of Inspector General (OIG) and Compliance Review Division (CRD) within one working day of the detection of the incident.
The submission of an incident report should not be delayed even if all facts are not readily available. Any facts subsequently developed by the reporting entity are to be forwarded in a supplemental incident report.
Whenever the entity reporting the allegation of an incident believes that immediate action to prevent further financial loss or other damage is necessary, or recovery of funds or property may be impeded if immediate action is not taken, the reporting entity has the responsibility to take any action it deems appropriate, including contacting the local law enforcement agency. Any immediate action taken or planned by the reporting entity must be reported to CRD when the incident report is submitted.
The reporting procedures do not supersede the responsibility of contractors or the VWDA to safeguard WIOA funds by taking prompt and appropriate corrective action when any evidence of a violation of WIOA or its implementing regulations is found.
V. Notification and Responsibilities of Contractors
This policy shall be included as an attachment to all VWDA contracts, as a means of notifying contractors of their responsibilities to be alert for instances of fraud, abuse, and criminal activity committed by staff, contractors, or program participants, and as a means of notifying contractors of the appropriate reporting mechanisms.
218
ATTACHMENT C
All Verdugo WIOA contractors are responsible for the following:
1. To be alert for instances of fraud, abuse and criminal activity committed by staff members, subcontractors or program participants.
2. To establish appropriate internal program and fiscal management procedures to prevent and detect fraud, abuse, waste, or other criminal activity, and to document in writing and implement these procedures.
3. To establish, document in writing and implement procedures to immediately notify the VWDA of any suspected or proven fraud, abuse, or other criminal activity involving WIOA-funded activities.
During the program monitoring for all contracts with VWDA, all WIOA contractors will be asked to provide a copy of their incident reporting policy, which incorporates items 2 and 3 above, to the program monitor.
VI. Responsibilities of Verdugo WIOA Staff and VWDA
Any incidents reported to the VWDA by any Verdugo WIOA staff member shall be forwarded to Judith Velasco, who is designated as the person responsible for notifying CRD and OIG.
References:
• Public Law 113-128, Workforce Innovation and Opportunity Act (WIOA) of 2014, Section 185(b) https://www.gpo.gov/fdsys/pkg/PLAW-113publ128/pdf/PLAW-113publ128.pdf
• 20 CFR 683.430 and 683.620 https://www.gpo.gov/fdsys/pkg/FR-2016-08-19/pdf/2016- 15975.pdf
• Training and Employment Guidance Letter (TEGL) 2-12
https://wdr.doleta.gov/directives/corr_doc.cfm?DOCN=9222
• Workforce Innovation and Opportunity Act Policy 5412: Reporting Incidents Involving Workforce Innovation and Opportunity Act (WIOA) Funding http://www.wa.gov/esd/1stop/policies/wioa_title1.htm
219
ATTACHMENT C
Incident Report (IR) form, Office of Inspector General, OIG 1-156 http://wdr.doleta.gov/directives/attach/TEGL/TEGL_2_12_att_c.pdf
Incident Report
1. Type of report (check one)
Initial
Supplemental
Final
Other [specify]
2. Type of incident (check one)
Conduct violation
Criminal violation
Program violation
3. Allegation against (check one)
Contractor
Program Participant
Other [(specify), give name and position of employee(s), list telephone number, Social Security Account number, if applicable, and other identifying data.]
4. Location of incident
[give complete name(s) and addresses of organizations(s) involved]
5. Date and time of incident/discovery [date, time]
6. Source of complaint (check one)
Audit Contractor Program Participant Public Investigative Law Enforcement Agency [(specify)]
Other [(specify), give name and telephone number so additional information can be obtained.]
7. Contacts with law enforcement agencies
[specify name(s) and agency contacted and results]
8. Persons who can provide additional information
[(include custodian of records) name, position or job title, employment, local address (street, city and state) or organization, if employed and telephone number]
9. Details of incident
[describe the incident]
FWIOAD02-3 01/16
220
Attachment D
Burbank WIOA Contract - Integrated Service Delivery Monitoring Tool – July 2024 Page 1 of 2
Verdugo Workforce Development Board
Workforce Development Administration
Integrated Service Delivery Monitoring Tool – Burbank Affiliate Site subject to change based on funding and program requirements
Name of Site: PY:
Staff Providing Information:
Title:
Signature:
Date:
Basic Career Services
1. Describe your process of providing basic career services to customers.
2. Please provide information how you refer Priority of Service clients to the Verdugo Jobs Center and tracking system that is being utilized for these referrals.
3. Please provide any flyers for workshops or any other workforce related events that were held.
Business and Employer Services
1. Please describe and provide examples of how your center has outreached to and built relationships with local employers during 2025-26.
2. Please describe and provide examples of the services your center has rendered to local employers during 2025-26.
3. Please list any business service events, such as job fairs and onsite recruitments, that your center has hosted during 2025-26. Please provide documentation, if any.
Rapid Response and Layoff Aversion
1. Please list any Rapid Response and Lay Off Aversion activated that you identified or attended during 2025-26.
221
Attachment D
Burbank WIOA Contract - Integrated Service Delivery Monitoring Tool – July 2024 Page 2 of 2
Performance Data
Number of individuals provided
with Basic Career Services/Self
Services
Number of businesses assisted with outreach efforts
Number of individuals referred to
the Verdugo Jobs Center Number of businesses that were provided Rapid Response Services
The following section is to be completed by the VWDB Program Monitor during the site visit.
Resources Available to Enrolled Customers
Item Number Comments
Computers
Printers
Phones
Fax machine
TTY phones
Computer for people with disabilities
Customer survey
Assurance of Nondiscrimination and Equal Opportunity
(WIOA 188, 29 CFR Part 38)
Item Posted? Comments
Equal Opportunity is the Law Yes ☐ No ☐
What To Do If You Believe You Have
Experienced Discrimination Yes ☐ No ☐
Minimum wage requirement Yes ☐ No ☐
Site Visit - Completed by Verdugo WDB Program Monitor
Date:
Time:
Verdugo Workforce Development Monitor - Print Name
Verdugo Workforce Development Monitor – Signature
222
ATTACHMENT E-1
INSURANCE REQUIREMENTS
City of Burbank AGREEMENT
“ PROFESSIONAL LIABILITY” INSURANCE
1.1 Without limiting CONTRACTOR’s liability and at its sole expense, CONTRACTOR shall obtain, pay for, and maintain a Professional Liability insurance policy.
1.2 The Professional Liability policy must:
(A) Include “errors and omissions” coverage or “malpractice” coverage;
(B) Afford “practice specific” or “project specific” coverage;
(C) Provide limits of liability in an amount not less than:
(1) ONE MILLION DOLLARS ($1,000,000) per claim; and
(2) T WO MILLION DOLLARS ($2,000,000) in the aggregate;
(D) Cover a claim or claims arising out of the performance of professional services by:
(1) CONTRACTOR;
(2) CONTRACTOR’s Subcontractor(s);
(3) Anyone whom CONTRACTOR or its Subcontractor(s) directly or indirectly employs or uses; or (4) Anyone whose acts CONTRACTOR or its Subcontractor(s) may be liable; and
(E) Provide coverage for:
(1) The duration of this Agreement; and
(2) At least three (3) years after the Project’s completion:
(a) CONTRACTOR shall obtain, pay for, and maintain an endorsement that adds an “extended reporting period” (“ERP”) or a “discovery” feature— to allow CITY to report a claim— for a period of not less than three (3) years following the initial policy’s expiration, or following CITY’s recordation of its “notice of completion” for the Project, whichever date is later. The endorsement for the ERP or discovery feature must provide identical policy limits, and meet the conditions, described in subparagraphs 1.2 (A) through (D) above; or (b) CONTRACTOR shall obtain, pay for, and maintain successive renewal or replacement policies (with “prior acts” coverage), for a period of three (3) years following the initial policy’s expiration, or following CITY’s recordation of its “notice of completion” for the Project, whichever date is later. Each policy must have a “retroactive date” that coincides with, or is earlier than, this Agreement’s Effective Date. Additionally, each policy must provide identical policy limits, and meet the conditions, described in subparagraphs 1.2 (A) through (D) above.
1.3 A ll ERP or discovery endorsements, renewal policies, and replacement coverage policies are subject to CITY’s review and approval, in its sole discretion.
1.4 CONTRACTOR shall pay the full amount of all deductibles and any self-insured retention per claim for coverage under the Professional Liability insurance policy.
223
ATTACHMENT E-2
INSURANCE REQUIREMENTS
City of Burbank AGREEMENT
“ WORKERS’ COMPENSATION” INSURANCE
1.1 At its own expense, CONTRACTOR shall obtain, pay for, and maintain— and shall require each of its Subcontractors to obtain and maintain— for the duration of this Agreement:
(A) C omplete Workers’ Compensation insurance , meeting or exceeding the coverages and amounts that California law requires; and
(B) Employer’s Liability insurance in an amount not less than:
(1) ONE MILLION DOLLARS ($1,000,000) per accident for bodily injury or disease; (2) ONE MILLION DOLLARS ($1,000,000) per employee for bodily injury or disease; and (3) O NE MILLION DOLLARS ($1,000,000) policy limit.
1.2 CONTRACTOR shall provide CITY with a “certificate of insurance” and a subrogation endorsement, “Waiver of Our Right to Recover From Others”— on forms satisfactory to the City Attorney or City’s Risk Manager, and signed by the insurance carrier or its authorized representative— which fully meet the requirements of, and contain provisions entirely consistent with, this Agreement’s workers’ compensation insurance requirements.
1.3 CITY shall not be liable to CONTRACTOR’s personnel, or anyone CONTRACTOR directly or indirectly employs or uses, for a claim at law or in equity arising out of CONTRACTOR’s failure to comply with this Agreement ’s workers’ compensation insurance requirements.
224
ATTACHMENT E-3
INSURANCE REQUIREMENTS
City of Burbank AGREEMENT
“COMMERCIAL GENERAL LIABILITY” OR “BUSINESSOWNERS LIABILITY” INSURANCE
1.1 At its own expense, CONTRACTOR shall obtain, pay for, and maintain— and shall require each of its Subcontractors to obtain and maintain — a “Commercial General Liability” or a “Businessowners Liability” insurance policy on an occurrence basis to fully protect CONTRACTOR and CITY from claims and suits for bodily injury, personal and advertising injury, property damage, and medical payments. The policy must add the City of Glendale and its officers, agents, employees, and representatives (collectively, “CITY AND ITS REPRESENTATIVES”) as additional insureds.
1.2 Coverage afforded to CITY AND ITS REPRESENTATIVES must be at least as broad as that afforded to CONTRACTOR. If CONTRACTOR has higher limits than the limits specified in these insurance requirements, or has additional broader coverage, or has both, the insurer shall make available the higher limits and broader coverage to CITY AND ITS REPRESENTATIVES.
The insurance must be written for the limits of liability specified below:
(A) ONE MILLION DOLLARS ($1,000,000 ) per occurrence , or the full per occurrence limits of the policy ― whichever limit is greater― for bodily injury (including accidental death) to any one person;
(B) ONE MILLION DOLLARS ($1,000,000) per occurrence, or the full per occurrence limits of the policy― whichever limit is greater― for personal and advertising injury to any one person;
(C) ONE MILLION DOLLARS ($1,000,000 ) per occurrence , or the full per occurrence limits of the policy ― whichever limit is greater― for property damage; and
(D) TWO MILLION DOLLARS ($2,000,000) general aggregate limit , or the full aggregate limits of the policy― whichever limit is greater.
1.3 The liability insurance must include all major divisions of coverage and must cover:
(A) Premises Operations (including Explosion, Collapse, and Underground [“X,C,U”] coverages as applicable);
(B) Independent Contractors’ Protective Liability;
(C) P roducts and Completed Operations (maintain same limits as above until five (5) years after: recordation of the Notice of Completion or final close-out of the Agreement);
(D) Personal and Advertising Injury (with Employer’s Liability Exclusion deleted);
(E) Contractual Liability; and
(F) Broad Form Property Damage.
1.4 CONTRACTOR shall provide CITY with a “certificate of insurance” and an “additional insured endorsement”— on forms satisfactory to the City Attorney or City’s Risk Manager, and signed by the insurance carrier or its authorized representative — which fully meet the requirements of, and contain provisions entirely consistent with, all of the Insurance Requirements.
1.5 The “certificate of insurance” and an “additional insured endorsement” must state:
“The City of Glendale, and its officers, agents, employees, and representatives are included as additional insureds under the policy(s). This insurance is primary to all other insurance of the City. The City’s insurance, or self-insurance, or both, will apply in excess of— and will not contribute with— this insurance. This insurance applies separately to each insured or additional insured who is seeking coverage, or against whom a claim is made or a suit is brought. The issuing company 225
shall mail thirty (30) days advance notice to the City for any policy cancellation, termination, non-renewal, or reduction in coverage.”
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ATTACHMENT E-4
INSURANCE REQUIREMENTS
City of Burbank AGREEMENT
“BUSINESS AUTOMOBILE” LIABILITY INSURANCE
1.1 At its own expense, CONTRACTOR shall obtain, pay for, and maintain— and shall require each of its Subcontractors to obtain and maintain — a “Business Automobile” insurance policy on an occurrence basis to fully protect CONTRACTOR and CITY from claims and suits for bodily injury, property damage, and medical payments. The policy must add the City of Glendale and its officers, agents, employees, and representatives as additional insureds.
1.2 The insurance must not be written for less than the limits of liability specified below or required by law, whichever coverage amount is greater:
(A) ONE MILLION DOLLARS ($1,000,000) per occurrence for bodily injury (including accidental death) to any one person; and
(B) ONE MILLION DOLLARS ($1,000,000) per occurrence for property damage; or
(C) O NE MILLION DOLLARS ($1,000,000) combined single limit (“CSL”).
1.3 The liability insurance must include all major divisions of coverage and must cover all vehicles, whether rented, leased, hired, scheduled, owned or non-owned.
1.4 CONTRACTOR shall provide CITY with a “certificate of insurance” and an “additional insured endorsement”— on forms satisfactory to the City Attorney or City’s Risk Manager, and signed by the insurance carrier or its authorized representative — which fully meet the requirements of, and contain provisions entirely consistent with, all of the Insurance Requirements.
1.5 The “certificate of insurance” and an “additional insured endorsement” must state:
“The City of Glendale, and its officers, agents, employees, and representatives are included as additional insureds under the policy(s). This insurance is primary to all other insurance of the City . The City’s insurance, or self-insurance, or both, will apply in excess of— and will not contribute with— this insurance. This insurance applies separately to each insured or additional insured who is seeking coverage, or against whom a claim is made or a suit is brought. The issuing company shall mail thirty (30) days advance notice to the City for any policy cancellation, termination, non-renewal, or reduction in coverage.”
227
ATTACHMENT E-5
INSURANCE REQUIREMENTS
City of Burbank AGREEMENT
GENERAL REQUIREMENTS
1.1 At all times, the insurance company issuing the policy must meet all three of these requirements:
(A) It must be “admitted” insurer by the State of California Department of Insurance or must be listed on the California Department of Insurance’s “List of Approved Surplus Line Insurers” (“LASLI”); (B) It must be domiciled within, and organized under the laws of, a State of the United States; and (C) It must carry a minimum A.M. Best Company Financial Strength Rating of “A:VII,” or better.
1.2 If the Agreement requires any of the foregoing insurance coverages to remain in force after the Final Payment, and if they are reasonably available, CONTRACTOR shall submit to CITY — with the final Application for Payment — all certificates and additional insured endorsements evidencing the coverages’ continuation.
1.3 A deductible or self-insured retention is subject to CITY’s review and approval, in its sole discretion. The insurance company or its authorized representative must state either on the insurance certificate or in a separate correspondence:
(A) The amount of the deductible, or self-insured retention, or both;
(B) Whether a limit of insurance has been lowered by any pending or paid claim; and
(C) The current limit amount, as lowered by the pending or paid claim.
1.4 Despite any conflicting or contrary provision in CONTRACTOR’s insurance policy:
(A) If CONTRACTOR’s insurance company adds CITY , and its officers, agents, employees, and representatives (collectively, “its representatives”) as additional insureds, then for all acts, errors, or omissions of CITY, or its representatives, or both, that insurer shall:
(1) Pay those sums that CITY , or its representatives, or both, become legally obligated to pay as damages; and
(2) Defend— and pay the costs of defending— CITY, or its representatives, or both;
(B) CONTRACTOR’s insurance is primary;
(C) Other insurance (whether primary, excess, contingent or self-insurance, or any other basis) available to CITY, or its representatives, or both, is excess over CONTRACTOR’s insurance;
(D) CITY’s insurance, or self-insurance, or both, will not contribute with CONTRACTOR’s insurance policy;
(E) CONTRACTOR and CONTRACTOR’s insurance company waive— and shall not exercise — any right of recovery or subrogation that CONTRACTOR or the insurer may have against CITY, or its representatives, or both;
(F) CONTRACTOR’s insurance policy applies separately to each insured or additional insured who is seeking coverage, or against whom a claim is made or suit is brought, except that the naming of multiple insureds will not increase an insurance company’s limits of liability;
(G) CONTRACTOR’s insurance policy applies to a claim or suit brought by an additional insured against a Named Insured or other insured, arising out of bodily injury, personal injury, advertising injury, or property damage; and
(H) CITY is not liable for a premium payment or another expense under CONTRACTOR’s policy. 228
1.5 At any time during the duration of this Agreement, CITY may do any one or more of the following:
(A) Review this Agreement’s insurance coverage requirements; or
(B) Require that CONTRACTOR:
(1) Obtain, pay for, and maintain more or less insurance depending on CITY’s assessment of any one or more of the following factors:
(a) CITY’s risk of liability or exposure arising out of, or in any way connected with, the services of CONTRACTOR under this Agreement;
(b) The nature or number of accidents, claims, or lawsuits arising out of, or in any way connected with, the services of CONTRACTOR under this Agreement; or (c) The availability, or affordability, or both, of increased liability insurance coverage; (2) Reduce or eliminate a deductible or self-insured retention as it applies to CITY; or (3) Obtain, pay for, and maintain a bond (as a replacement for an insurance coverage) from a California corporate surety, guaranteeing payment to CITY for liability, or costs, or both, that CITY incurs during CITY’s investigation, administration, or defense of a claim or a suit arising out of this Agreement.
1.6 CONTRACTOR shall maintain the insurance policy without interruption, from the Project’s commencement date to the Final Payment date, or until a date that CITY specifies for any coverage that CONTRACTOR must maintain after the Final Payment.
1.7 CONTRACTOR’s insurance company or self-insurance administrator shall mail CITY written notice at least thirty (30) days in advance of the policy’s or the self-insurance program’s cancellation, termination, non-renewal, or reduction in coverage.
1.8 CONTRACTOR shall not allow any insurance to expire, cancel, terminate, lapse, or non-renew. Twenty-one (21) days before its insurance policy’s expiration, cancellation, termination, or non-renewal, CONTRACTOR shall deliver to CITY evidence of the required coverage as proof that CONTRACTOR’s insurance policy has been renewed or replaced with another insurance policy which, during the duration of this Agreement, meets all of this Agreement’s insurance requirements.
1.9 At any time, upon CITY’s request, CONTRACTOR shall furnish satisfactory proof of each type of insurance coverage required— including a certified copy of the insurance policy or policies ; certificates, endorsements, renewals, or replacements; and documents comprising CONTRACTOR’s self-insurance program— all in a form and content acceptable to the City Attorney or City’s Risk Manager.
1.10 If CONTRACTOR hires, employs, or uses a Subcontractor to perform work, services, operations, or activities on CONTRACTOR’s behalf, CONTRACTOR shall ensure that the Subcontractor:
(A) Meets, and fully complies with, this Agreement’s insurance requirements;
(B) Delivers to CITY— for its review, or approval, or both— all insurance policies, certificates, and endorsements that this Agreement requires; and
(C) Furnishes CITY, at any time upon its request, with a complete copy of the Subcontractor ’s insurance policy or policies for CITY’s review, or approval, or both.
1.11 CONTRACTOR’s failure to comply with an insurance provision in this Agreement cons titutes a breach upon which CITY may immediately terminate or suspend CONTRACTOR’s performance of this Agreement, or invoke another remedy that this Agreement or the law allows. At its discretion, CITY may obtain or renew the insurance, and CITY may pay all or part of the premiums.
Upon demand, CONTRACTOR shall repay CITY for all sums or monies that CITY paid to obtain, renew, or reinstate the insurance, or CITY may offset the cost of the premium against any sums or monies that CITY may owe CONTRACTOR.
ATTACHMENT E-6
229
INSURANCE REQUIREMENTS
City of Burbank AGREEMENT
CONTRACTOR’S SUBMITTAL OF CERTIFICATES AND ENDORSEMENTS
1.1 CONTRACTOR shall have its insurance carrier(s) or self-insurance administrator (s) complete and execute the following insurance documents, unless an exception below applies. When CONTRACTOR signs and delivers the Agreement to CITY , CONTRACTOR also shall deliver:
(A) A “certificate of insurance” for each required liability insurance coverage;
(B) A n additional insured endorsement for Commercial General Liability coverage or Businessowners Liability coverage and Automobile Liability coverage, unless this Agreement does not require CONTRACTOR to obtain and maintain Commercial General Liability coverage, Businessowners Liability coverage, or Automobile Liability coverage;
(C) A “certificate of insurance” for Workers’ Compensation insurance; or I f CONTRACTOR is self-insured for workers’ compensation, a copy of the “Certificate of Consent to Self- insure” from the State of California; or
If CONTRACTOR is lawfully exempt from workers’ compensation laws, an “Affirmation of Exemption from Labor Code §3700” form;
(D) A subrogation endorsement, “ Waiver of Our Right to Recover From Others,” for Workers’ Compensation coverage; and
(E) A complete copy of CONTRACTOR’s Professional Liability i nsurance policy, including all forms and endorsements attached to it.
1.2 CITY will neither sign this Agreement nor issue a “Notice to Proceed” until the City Attorney or City’s Risk Manager has reviewed and approved the insurance documents. CITY's decision as to the acceptability of all insurance documents is final. Unless CONTRACTOR obtains CITY’s written approval, CITY will not permit or allow a substitution of an insurance policy, or a change in a certificate’s or an endorsement’s form and content, or both.
INSURANCE OBLIGATION IS SEPARATE FROM INDEMNITY OBLIGATION
2.1 This Agreement’s insurance provisions:
(A) Are separate and independent from the indemnification and defense provisions in Article IV of the Agreement; and
(B) Do not limit, in any way, the applicability, scope, or obligations of the indemnification and defense provisions in Article IV of the Agreement.
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Attachment F
Subgrantee Name/Project Name
Contract #
Report Quarter (Q1=July-Sept; Q2=Oct – Dec; Q3=Jan-March; Q4=April-June)
Contact Name
Contact email/phone
The following data is for the Reporting Quarter AND Cumulative Deliverable Goal Quarter
Total
Cumulative
Total
Remaining completion
% (Cumulative
total/Goal)
Basic Career Services 100
Registered in CalJOBS 100
Referrals of Clients to VJC- POS 60
New Business Referrals/Hiring in
CalJOBS
12 Rapid Response Business
Identification/Referral in CalJOBS
12 Rapid Response Meeting Attendance 9
Referral of RR Clients open
List Data on New Businesses Served Below
Business Name Date of Contact Business Contact Service Provided
Office Use Only:
List Data on Rapid Response Services Provided Below
Business Name Date of Contact Business Contact Date of Layoff Date Referred to VJC
Office Use Only:
VERDUGO QUARTERLY REPORTING TOOL – Burbank Affiliate Site 231
Attachment F
List Data on Rapid Response Meetings Attended Below
Business Name Date of Meeting Meeting Location Attending Staff Overview/Notes
Office Use Only:
List All Coordinated efforts with VJC such as Job Fairs, Job Recruitments, Workshops, Outreach, etc.
Event Event/Posting Date Date informed VJC Activities/Overview of event
Office Use Only:
EXPENDITURES
Line Item Budget Quarter Invoice
Amount
Cumulative
Expenditure
Budget
Balance
% Invoiced
WIOA Adult $48,500
WIOA DW $48,500
WIOA Rapid
Response
$48,500
TOTAL $145,500
Narrative
1. Describe in detail activities conducted by staff for clients and businesses this quarter:
2. Are you on track to meet all goals?
a. If not, please explain what challenges you face and provide an action plan that will help you meet your goals:
i. Which goals were not met?
ii. What is the reason or challenge for not meeting the goal? iii. Action plan to mitigate unmet goal:
3. Are there any wins you’d like to share?
232
Attachment F
OFFICE USE ONLY:
OBSERVATION RESPONSE RESOLUTION STATUS
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Workforce Services Continuity Policy
I. Policy
It is the policy of the Verdugo Workforce Development Board (VWDB) to continue providing workforce services during a state of emergency or disaster declared by City, County, State or Federal agencies and/or government. Local, state or national events such as disasters and emergencies, may affect the operations of the Verdugo Jobs Center (VJC), including all co-located partners, subcontractors and subrecipients. The VWDB will remain flexible to accommodate the needs of the community during these events including the use of remote or work -at-home participant activities as allowable by governing regulations and directives and in alignment with this policy. As an essential service, immediate business resumption and continuity of its essential workforce services is the priority of the VWDB in order to address the needs of the Verdugo communities.
II. Scope
This policy specifically addresses the services provided under the Workforce Innovation and Opportunity Act Title I (WIOA I), programs provided under funding from the Los Angeles County, the California Adult Education Program (CAEP) , and any other funding source as allowed by governing regulations. This policy may also guide services provided under other grants received by the VWDB.
III. Workforce Services Continuity
Operational changes as a result of these events may include but are not limited to physical closure of offices or resource and meeting room s, reduction in hours of operation, reduced staffing available on site, and delivery of virtual services. Events might be related to weather, utilities, security, pandemic, fire, natural disaster or local or national emergency or other unforeseen event that impacts daily operations. Given the limitations and technical capabilities that may be present during a disaster , emergency, or other event , processes may be adjusted to continue to deliver workforce services for all grant funded programs, including but not limited to WIOA, Los Angeles County and CAEP, and meet the needs of the affected individuals, families, and businesses.
A. Intake for Individuals
Outreach strategies to individuals will continue through electronic means via phone, text, email blasts, website, and include social media such as Facebook and Twitter . Multiple methods will be used, including outreach through VJC and community partners, postings, and news media/press releases, as needed to ensure easy access to information. As an Equal 234
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Opportunity service provider, the VWDB and VJC will use outreach methods to address the diverse needs of individuals and families, including those individuals with disabilities.
The Intake process will remain flexible in order to meet the needs of the affected individuals who require services. Assuming the facility has been closed due to a disaster or emergency, calls, emails or other contacts made to the VJC for WIOA I services will be routed to the Case Manager on rotation set by the VJC Manager. Case Managers will follow up with individuals within 24 hours; however, same day response is the goal. Individual, face-to-face meetings may be set (if possible and safe to do so) in order to meet individual needs, including disabilities. Staff may also use electronic methods to communicate directly with the individual.
Should assigned staff remain in the office during the closure or reduction, individuals will be routed to assigned staff.
B. Career Services
Under the Workforce Innovation and Opportunity Act, basic career services are defined as eligibility determinations, labor market information, initial assessment of skill levels, and job search and placement assistance. Individualized career services inclu de comprehensive and specialized assessments, diagnostic testing, in -depth interviewing and evaluation, individual or group counseling, career planning, and workforce preparation activities.
During the Intake process, the Case Manager will identify immediate needs of the individual in order to provide appropriate information, resources, and determine the services needed such as Career Services and/or Training Services . If the individual wants or needs Career Services, the Case Manager will also determine if Self -Service or Staff Assisted services are needed or desired.
1. Self-Service:
Some individuals prefer to access services for themselves without staff assistance. Self - service activities, such as general information provided about services at the VJC, training providers, and labor market research. Those who select Self -Service, receive an overview and instruction from the Case Manager to facilitate the access to this service. Case Managers provide this instruction via telephone and email messaging and other approved electronic methods. Self-service activities available include:
a. Online community resources,
b. Online labor market information, and
c. CalJOBS for online video workshops, career assessments, resume preparation tool, training and job listings.
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2. Staff-Assisted Services:
Staff assisted career services such as initial assessment, comprehensive career assessments, case management, resume assistance, individual job placement assistance, and follow up services, may be provided via telephone, email messaging , or video connectivity (such as FaceTime, Skype, WebEx or any City of Glendale approved application) to enrolled participants (Please refer to Paragraph III.F, Enrollment & Eligibility).
a. Hiring events which include job candidate r ecruitments for employers and Work Readiness workshops such as Interviewing Techniques, may be conducted via a virtual or online platform given the available technical capacity.
b. Multiple methods for delivering Staff-Assisted Services will be used to accommodate the technological limitations of participants as well as those with diverse needs.
Whenever possible and safe to do so, face-to-face appointments may be provided to address individual needs, including reasonable accommodations needed for people with disabilities. Face to face appointments will adhere to any guidelines imposed by the City, County, State or Federal rules and requirements.
C. Training Services
Assuming that the disaster or emergency situation has resulted in closure of facilities and/or a “Shelter in Place” Order, enrolled participants that are in the midst of their training activity may continue as follows:
1. Occupational Skills Training:
Participants may continue training activities remotely if the training provider provides online or distance training capability. The participant and training provider are required to provide:
a. List of skill sets or competencies from the training curriculum that will be provided remotely, and
b. Timesheets and progress report on a regular basis, as established by the Case Manager, or
c. If the training provider does not offer online or virtual training capability, the training will be paused and may resume when the training provider resumes operations.
Individuals will also be allowed to explore other training options depending on the vendor’s ability to provide service.
d. Students should contact their Case Manager if they do not have the technology, connectivity or need assistive technology to participate in a virtual classroom. Case Managers can explore other options including providing supportive services to assist in accessing the technology.
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2. Work Experience:
Participants that are enrolled in Work Experience (WEX) may continue working if the employer has established all safety precautions including implementing Federal, State, County and local guidelines (i.e. social distancing) to address the emergency situation, such as a pandemic. Participants whose Work Experience is affected by business closure or reduction of on-site staffing can also continue working if the employer provides remote or work-at-home capability. Remote Work Experience must be preapproved by VJC management and the employer is required to provide to the Case Manager the following:
a. Description of the remote connection and access capability that trainee will use (may be provided by the employer), and
b. List of tasks to be worked on remotely, and
c. A letter explaining how the participant will be supervised while working remotely, and
d. Progress report signed by employer, and
e. Employer’s telecommuting policy.
3. On-the-Job Training:
Participants that are enrolled in On -the-Job Training (OJT) may continue working if the employer has established all safety precautions including implementing Federal, State , County and local guidelines (i.e. social distancing) to address emergency situation, such as a pandemic. Participants whose OJT is affected by business closure or reduction of on -site staffing can also continue working if the employer provides remote or work -at-home capability. Remote On-the-Job Training must be preapproved by VJC management and the employer is required to provide to the Case Manager the following:
a. Description of the remote connection and access capability that trainee will use (this may be provided by the employer), and
b. List of tasks to be worked on remotely, and
c. A letter from the employer explaining how the participant will be supervised while working remotely, and
d. Progress report signed by employer, and
e. Employer’s telecommuting policy.
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4. Youth Work Experience:
Youth participants that are enrolled in WEX may continue working if the employer has established all safety precautions including implementing Federal, State, County and local guidelines (i.e. social distancing) to address emergency situation such as a pandemic.
Participants whose Work Experience is affected by business closure or reduction of on-site staffing can also continue working if the employer provides remote or work -at-home capability. Remote Work Experience must be preapproved by VJC management, and for any youth under the age of 18 a school issued work permit will also be required. The youth provider will be required to provide to the VJC with the following documents before a youth can start the work experience:
a. Description of the remote connection and access capability (this may be provided by the employer or youth provider), and
b. List of tasks to be worked on remotely, and
c. A letter from the employer explaining how the participant will be supervised while working remotely, and
d. Progress report signed by employer, and
e. Employer’s telecommuting policy, and
f. Work Permit for youth under the age of 18.
5. Continuity of Work-Based Learning
If a WIOA participant was actively being served or in subsidized employment, OJT, WEX, or paid internship , which was cancelled during an emergency event or pandemic such as COVID-19, any WIOA formula or competitive grant can be used to continue paying wages or stipends for the established term if the program participant’s time commitment, stipend structure, an d/or other academic or work terms were established prior to the national emergency declaration (USDOLETA FAQ).
6. New Participants/Enrollments:
New participants may be enrolled in training or work -based learning with individual assessment of needs, barriers and the availability of the training providers and /or employers that meet the precaution requirements . For those training providers and employers that must close their facilities, new participants may be enrolled if the remote access requirements are met (Please see requirements noted in Paragraphs III.C.1, 2, 3, 4).
D. Supportive Services
1. Allowable Supportive Services:
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Supportive services may be provided to eligible participants enrolled in participant-level (staff assisted) Career Services and/or Training activities. The need for supportive services is determined by the Case Manager based on the assessment of barriers and other challenges that must be addressed to enable an individual to participate in activities authorized under WIOA Title I , CAEP or other grants. The amount of supportive services, the purpose, and backup documentation needed (i.e. receipt) is determined by the Case Manager based on needs assessment and available funding, and documented in case narrative and/or Individual Employment Plan ( IEP) or Individual Service Strat egy (ISS) as required by the funding source.
In alignment with WIOA and the Code of Federal Regulations (CFR) which state: Local Areas may establish limits on the provision of supportive services or provide the one -stop center with the authority to establish such limits including a maximum amount of funding and maximum length of time for supportive services to be available to participant (Title 20 CFR Section 680.920), the VWDB is not establishing a cap for supportive services. The maximum allowed is determined by the requirements of the grant providing the funds for supportive service, and as approved by the VJC Manager. All requests for supportive services are submitted to the VJC Manager for approval.
Supportive services may be funded under WIOA I, CAEP or other grant/funding source, as funding allows or as stipulated by specific grant requirements, and when participants are unable to obtain through other programs or partners , unless otherwise permissible in grant requirements. Supportive services may include but are not limited to:
a. Linkages to community services;
b. Assistance with transportation;
c. Assistance with childcare and dependent care;
d. Assistance with housing;
e. Needs-related payments, as described at §§ 680.930, 680.940, 680.950, 680.960, and 680.970;
f. Assistance with educational testing;
g. Reasonable accommodations for individuals with disabilities; h. Legal aid services;
i. Referrals to health care;
j. Assistance with uniforms or other appropriate work attire and work-related tools, including such items as eyeglasses and protective eye gear; k. Assistance with books, fees, school supplies, and other necessary items for students enrolled in postsecondary education classes; and
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l. Payments and fees for employment and training-related applications, tests, and certifications.
During disaster and emergency events, eligibility for Supportive Services will remain flexible as allowable under WIOA I, or other governing directive, and in alignment with the VWDB’s Workforce Services Continuity Policy. To meet the demands of the emerge ncy event, Supportive Services may include items needed for daily living needs including utilities, healthcare expenses, as well as expenses for technology and supplies needed for working at home, unless otherwise prohibited by grant requirements or directives.
2. Issuing Supportive Services:
Whenever possible, s upportive services are issued in the form of a product (i.e. books, supplies) or service (i.e. childcare) and not in the form of cash payments to individuals. All requests for supportive services must be submitted using the Client Request for Supportive Services Form and submitted to the VJC Manager with attached documentation. In some cases, participant may purchase the item and be reimbursed with submission of appropriate documentation (receipt).
a. Documentation may include the bill or invoice for services such as the gas or electric bill. The case file should document the date of service, the vendor (i.e. utility company), justification and the amount to be disbursed.
b. Once the payment has been made, documentation should include a receipt for the payment made. Receipts should be original whenever possible; however, may be scanned or photographed with a cell phone and submitted during emergency events.
Receipts should detail the item purchased, vendor name, the date, and the amount (WSIN 19-43).
c. While copies of receipt and self-attestations are allowable during emergency events, in order to expedite services, original receipts will still be required after in -person services resume (EDD FAQ June 26, 2020).
d. If a bill is submitted for payment but the bill has a different name, Case Manager will verify that the address matches that of the participant.
e. Supportive services cannot be charged to a specific grant prior to the start date of the grant.
f. Supportive services cannot be issued prior to the date of enrollment of the participant.
g. Interest payments for mortgages, car loans or related fees cannot be paid with WIOA funds. In addition, late payment penalties and related fees cannot be paid with WIOA funds (2 CFR 200.441 and Section 200.449).
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h. Once a participant receives the supportive service, participant will sign and submit the Client Receipt of Supportive Services Form.
Supportive services may be provided to multiple participants within the same household if the specific need has been determined and is fully documented in the Client Request Form and does not duplicate funding for the same service. For example, two parents cannot receive childcare for the same children and the same time period. However, two parents living together may receive transportation assistance if they attend different training programs or attend on different days/times, making it impossible to carpool.
i. Payments made for months prior to grant start date can be paid so long as the payment is issued on or after the grant start date, unless otherwise prohibited by grant requirements or directives. However, late payment penalties and related fees (e.g., service restoration) cannot be paid with WIOA funds per Title 2 Regulations CFR Section 200.441.
E. Stipends and Incentives
A participant may receive a stipend or incentive that enables him/her to participate in participant level career services or training activities. These stipends and incentives may be provided under supportive services (CalJOBS code 183) and may be available to any adult or dislocated worker participant in Title I career services (not including follow -up services) or training activities.
This definition does not include Needs-Related Payments (code 326) and must be provided in conjunction with a career service or training activity. Service dates f or the supportive service must be within the dates of the career service or training activity (CalJOBS Activity Codes Dictionary, Revised January 2020).
1. Stipends:
a. Stipends may be issued to a participant to e ncourage the pa rticipation in specific activities including classroom instruction or work experience.
b. Stipends may be pa id bas ed on hours of atte ndance or hours completed in work experience.
c. Participants must submit signed attendance sheet or timesheet documenting the hours completed.
d. Specific activity required documentation and stipend amount must be documented in IEP or ISS.
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e. Stipend amounts will be based on available funding or as stipulated in grant or contract requirements.
f. Employer of record will adhere to Internal Revenue Service (IRS) guidelines when compensating youth with a stipend for work experience, including minimum wage requirements. The IRS defines wages in 26 CFR § 3121(a) as all remuneration for employment unless specifically excepted under section 3121(a). An employee and employer relationship is the primary factor in determining whether to pay wages.
g. In cases where work experience is not associated with an employer/employee relationship, such as in a classroom setting or virtual learning environment, a stipend may apply.
2. Incentives:
a. Incentive payments to participants are permitted for recognition and achievement directly tied to education, training and work experiences.
b. Incentive payments must be tied to the goals of the specific program the participant will be enrolled in.
c. The specific incentive including the dollar amount and the timeframe or number of hours will be documented in the ISS.
d. Amounts shall be determined for each program or activity and will be based on available funding or as stipulated in grant or contractual requirements.
e. Incentive payments will be paid in accordance with the requirements contained in 2 CFR part 200.
f. Incentives may be applied for virtual education, training and work experience with appropriate documentation as stipulated in VWDB’s Workforce Services Continuity Policy, Section III.C.4.
3. Issuance of Stipends and Incentives During Emergency Events:
During disaster and emergency events, eligibility and amounts for Stipends and Incentives will remain flexible as allowable under WIOA I, grant or sub -grantee agreement, or other governing directive, and in alignment with the VWDB’s Workforce Services Continuity Policy.
4. Continuation of Stipends During Emergency Events:
If the program participant’s time commitment, stipend structure, and/or other academic or work terms were established prior to the national emergency declaration, the VJC 242
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should continue to pay the participant for the remainder of the established term (USDOLETA FAQ).
F. Needs Related Payments
Funds allocated to a local area for adults and dislocated workers may be used to provide needs-related payments to adults and dislocated workers, respectively, who are unemployed and do not qualify for (or have ceased to qualify for) unemployment compensation for the purpose of enabling such individuals to participate in programs of training services.
1. Dislocated Worker Eligibility for Needs Related Payments:
A dislocated worker who has ceased to qualify for unemployment compensation may be eligible to receive needs -related payments under this paragraph only if such worker was enrolled in the training service:
a. By the end of the 13th week after the most recent layoff that resulted in a determination of the worker’s eligibility for employment and training activities for dislocated workers; or
b. If later, by the end of the 8th week after the worker is informed that a short -term layoff will exceed 6 months.
2. Level of Payments:
The level of a needs-related payment made to a dislocated worker under this paragraph shall not exceed the greater of:
a. The applicable level of unemployment compensation; or
b. If such worker did not qualify for unemployment compensation, an amount equal to the poverty line, for an equivalent period, which amount shall be adjusted to reflect changes in total family income.
G. Business Services
Business services will continue during disaster and emergency events to ensure continuity of services. Service delivery may also be modified as needed based on the limitations that result from the events. Primary services to businesses include Rapid Response, Hiring Assistance, and Access to Resources Information.
1. Rapid Response:
During an emergency event, there may be an increase in business closures, employee layoffs or furloughs. All notifications of layoffs and closures are sent to the VWDB Executive Director who will disseminate to the VJC Manager, and the Economic Development Department for the city in which the organization is located. 243
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a. The Rapid Response Coordinator or VJC Manager will contact the business or organization within 24 hours of receiving notification; however, the goal will remain as same day response.
b. Rapid Response Assistance to employers may be provided virtually via phone or online platform such as WebEx, Skype, etc. Information exchange will occur electronically via email or through the VJC website.
c. Rapid Response Assistance to employees will be coordinated through an employer representative such as Human Resources . Orientations may be conducted virtually to ensure social distancing while providing affected workers with information regarding career services, unemployment insurance benefits, supportive services, and services that assist in transitioning them to new or stop gap employment opportunities, as needed. Workers will be encouraged to set Intake appointments with Case Managers by calling the VJC.
d. Rapid Response services will be coordinated and provided in accordance with any regulatory changes or accommodations provided by governing agencies (i.e.
Employment Development Department Directives) during emergencies, disasters or other events.
2. Hiring Assistance:
Employers that continue to hire during emergency events, will continue to receive assistance from VJC. Job matching will continue virtually via email, phone, text and online platforms.
a. Hiring events that bring multiple job candidates together for a single or multiple employers will also continue virtually using online platforms such as WebEx or Skype.
3. Access to Resources and Information:
The VJC will continuously update its website to ensure that business es, organizations and workers are kept informed of resources available, services available and other pertinent information. Case Managers also keep their individual participants and employers informed via email, texts, and phone calls to ensure needed information is immediately available.
H. Enrollment and Eligibility
Case Managers will direct all customers seeking Staff -Assisted Services to complete the CalJOBS WIOA Application and provide supporting documentation (i.e. identify information) to facilitate eligibility determination. Individuals that are determined eligible may be enrolled in WIOA I programs.
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3. Supporting Documentation:
VJC Supporting eligibility documents may be collected from the participant via email, text, fax or mail.
a. Confidential information such as Social Security Numbers will not be collected via email due to security issues, but can be collected via fax, mail or text.
b. Federal and state regulations require adequate documentation for determining eligibility and for issuing supportive services . In addition, U.S. Department of Labor (DOL) Employment and Training Administration (ETA) has provided guidance that self-attestation should not be used as a first resort. During emergency events , however, this requirement is relaxed and directives may specifically allow self - attestation for income (as required by a specific grant) and related eligibility determination. Self-attestation is used to expedite needed services during emergency events. Documentation should be requested and filed whenever possible and when it does not impede the provision of emergency services.
i. For grants that require income eligibility, Unemployment Insurance (UI) benefits are counted as taxable income and should be counted as income. Any additional UI benefits awarded as a result of an emergency event, are also counted as income.
ii. Stimulus checks or relief checks issued to participants as a result of an emergency event are not considered taxable income and should not be included for income eligibility determination.
iii. During emergency events, self-attestations can be submitted electronically, hard mail, or verbally for documentation required to determine eligibility for services or supportive service. Written self -attestations that are submitted electronically, via email or hard mail, should fully document the eligibility issue (i.e. layoff) and include dates, names, name of company and position held, and other details to demonstrate the individual meets the eligibility requirement. The document should also include the reason why a self -attestation is needed as opposed to a more specific demonstration of eligibility.
(a) A self -attestation can be submitted verbally with all of the required details documented in the case file. In addition, case notes must include the date and time of the verbal attestation, as well as the reason for the attainment of a verbal self-attestation.
iv. While self -attestation is used during emergency events to expedite needed services to participants, every effort should be made to collect supporting documentation once the emergency event is over and in-person services resume.
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4. Document Signatures:
The VWDB may temporarily waive the requirement for a wet or electronic signature on all enrollment forms for WIOA Title I and CAEP programs during an emergency event.
Signatures of enrollment documents may be obtained electronically from participants that have necessary technological capability.
a. For participants that do not have access to the internet or computer, printed applications may be mailed for signatures.
b. Participants may use fax, email or mail to return signed documents for enrollment processing.
c. If signatures of enrollment documents are not collectable, a self-attestation of the Applicant Certification Statement may be obtained from a participant via email or verbal.
i. The self-attestation will verify the date of enrollment and will be documented in case notes.
ii. This temporary allowance will remove barriers and offer individuals easier access to WIOA services and other grant funded programs.
Once in-person services resume, the participant may be required to provide wet signatures at that time, if required by the grant or other directive.
iii. Verbal self -attestation may be accepted to accommodate individuals without access to technology and those with barriers or challenges that require the accommodation (i.e. English Language Learner or disability). A verbal self - attestation for the Applicant Certification Statement must be documented in the case file with a full description of the participant’s acknowledgement of the Statement, the date and time of the verbal attestation, as well as the reason for the attainment of a verbal self- attestation. Once operations resume and it is possible to do so, a wet signature will be collected when verbal self- attestation is used.
5. CAEP Eligibility Determination
CAEP only has one requirement for eligibility determination for adult education: student must be an adult, 18 years of age over. No verification of birth date is required.
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6. WIOA I Eligibility Determination
The VWDB will maintain flexibility, in alignment with any governing directives that may be issued, in determining eligibility and requiring back-up documentations during disaster and emergency events, with the understanding that access to documents may be challenging for individuals. Whenever possible, the VJC will collect back -up documents and original signatures once the community recovers or emergency event has ended. As a last resort, self-attestation will be used unless prohibited by a specific directive or regulation linked to the funding sources used for enrollment.
In general, the individual must be eligible at the point of enrollment. If their circumstances change, the VJC is not required to re-determine eligibility, unless it is required by the grant or related directive.
Eligibility requirements for enrolling into WIOA I programs will be adjusted as follows:
a. Adults
i. Identity
(a) WIOA program eligible participants must establish their identity by providing a copy of a state issued photo identification card, US passport, permanent resident card, Certificate of Naturalization, or birth certificate.
ii. Authorization to Work
(a) Eligible participants must provide a Social Security Number (SSN) number for CalJOBS Registration and WIOA Title I Application and Participation. Actual copy of SSN document is not required during emergency events.
(b) Authorization to Work Document also requires one of the following:
(1) U.S. Passport or U.S. Passport Card
(2) Permanent Resident Card or Alien Registration Receipt Card (Form I-551) (3) Foreign passport that contains a temporary I-551 stamp or temporary I- 551 printed notation on a machine-readable immigrant visa (4) Employment Authorization Document that contains a photograph (Form I-766)
(5) For a nonimmigrant alien authorized to work for a specific employer because of his or her status:
a) Foreign passport; and
b) Form I-94 or Form I-94A that has the following:
1) The same name as the passport; and
2) An endorsement of the alien's nonimmigrant status as long as that period of endorsement has not yet expired and the proposed employment is not in conflict with any restrictions or limitations identified on the form.
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(6) Passport from the Federated States of Micronesia (FSM) or the Republic of the Marshall Islands (RMI) with Form I-94 or Form I-94A indicating nonimmigrant admission under the Compact of Free Association Between the United States and the FSM or RMI.
(c) Other options for Right to Work Authorization are listed in Attachment I.
(d) Authorization to work documentation is not required for Career Services, Self-Service and Staff Assisted Services that do not connect participants to employers.
(e) Authorization to work in the United States is only required for employment services.
(f) When Right to Work Authorizations are not accessible due to disaster or emergency, self-attestations may be used, unless specifically prohibited by a governing directive during emergency events. Self-attestations should provide the identification number whenever possible, and explanation as to why the document is not available. If possible, collection of documentation should occur once the emergency event has concluded.
iii. Selective Service
(a) For males, compliance with Selective Service registration is required (refer to VWDB Selective Service Policy).
(b) During emergency events, d ocumentation/evidence presented for "knowing and willful" failure to register may include the individual’s written explanation and supporting documentation (self-attestation) of his circumstances at the time of the required registration and the reason(s) for failure to register. Self- attestation m ay serve as su fficient evidence when other options of documentation or third-party corroboration are not available.
b. Dislocated Workers:
Dislocated Workers under disaster and emergency events may be eligible due to business or organizational closure, layoff, reduction of at least 10% of work hours or furlough from either subsidized or unsubsidized employment (unless otherwise prohibited by grant requirements or directives.
i. Eligible Dislocated Workers must meet the Adult eligibility requirements listed Section III.F.3.a., AND must provide proof of dislocation such as:
(a) Lay off letter, email or text OR
(b) Unemployment Insurance award letter or UI Online screen shot OR 248
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(c) Media Article OR
(d) Self-attestation letter specifying the date of dislocation and name of business or organization, address, and phone number.
(e) The Unlikely to Return to Previous Occupation requirement for dislocated worker is waived.
c. Low Income Determination:
During an emergency event, determination of low-income status for grants that require low income determination for eligibility or to identify a barrier, the VWDB and VJC will use the definition stipulated in WSIN 19-39:
Individuals have not received wages above 400% of the federal poverty level (FPL) for the last six months of income. Household Annual Salary for 400% FPL is as follows:
Family of 1: $51,040
Family of 2: $68,960
Family of 3: $86,880
Family of 4: $104,800
d. Youth:
Eligible participants must meet Out of School Youth or In School Youth eligibility requirements as specified in the VWDB’s WIOA I Program Eligibility Policy.
Employment Eligibility Verification
Department of Homeland Security
U.S. Citizenship and Immigration Services
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I. Special Assistance Grants
Eligibility requirement adjustments may be implemented to meet specific Special Assistance Grant requirements.
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IV. Procurement
Both the federal and state guidance on procurements refer to the “public emergency provision” (WSD 17 -08) which states “Public exig ency o r e mergency resulting in an i mmediate procurement ne ed w aives the requirement f or p rior approval, however, a pproval s hould be sought afterwards to confo rm o f the a ppropriate use o f WIOA fu nds.” In the same state guidance, this pr ovision is one o f the co nditions that allow fo r Noncompetitive Propo sals.
However, d epending on the item o r s ervice b eing procured, a Local Board m ay still need t o request prior ap proval for purchases, in particular, technology or items that exceed $5,000 (WSD 16-16; WSD 17-08).
V. References
Verdugo Workforce Development Board, WIOA Program Eligibility Policy, Issued October 12, 2018.
Verdugo Workforce Development Board Selective Services Policy, Issued December 18, 2017. Verdugo Workforce Development Board, Local Workforce Development Plan Biennial Modification, 2019.
State of California Employment Development Department, WIOA Dislocated Worker Funds for Underserved COVID-19 Impacted Individuals , Workforce Services Information Notice (WSIN) 19-39, Issued April 2, 2020; Expiration: May 2, 2022.
State of California Employment Development Department, Temporary Changes to WIOA Registration and Eligibility Documentation Due to COVID-19 WSIN 19-40, Issued April 7, 2020; Expiration: May 7, 2022.
State of California Employment Development Department, CalJOBSSM Gidance Due to COVID- 19, WSIN 19-43, Issued April 20, 2020.
State of California Employment Development Department, Pathway to Services, Referral, and Enrollment, Workforce Services Directive (WSD) 18-03, Issued August 29, 2018. State of California Employment Development Department, WIOA Adult Program Priority of Service, WSD 15-14, Issued January 22, 2016.
State of California Employment Development Department, Allowable Costs and Prior Written Approval, WSD 16-16, Issued February 21, 2017.
State of California Employment Development Department, Procurement of Equipment and Related Services, WSD 17-08, Issued March 14, 2018.
State of California Employment Development Department, WIOA FAQ, Issued March 25, 2020. 251
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State of California Employment Development Department , Workforce Innovation and Opportunity Act Underserved COVID-19 Impacted Individuals Grant-FAQ, Issued June 26, 2020. State of California Employment Development Department, CalJOBS SM Activity Codes Dictionary, WSD 19-06 Issued December 27, 2019 and revised January 2020. Executive Department State of California, Emergency Declaration, Executive Order N -33-20, Issued March 19, 2020.
County of Los Angeles Department of Public Health Order of the Health Officer, Safer at Home Order for Control of COVID-19: Temporary Prohibition of Events and Gatherings of 10 Persons or more, Closure of Non-Essential Business and Areas, Issued March 19, 2020. Workforce Innovation and Opportunity Act (WIOA) (Public Law 113-128). Americans with Disability Act Amendment Act of 2008 (ADA) (Public Law 110-325). US Department of Labor, Title 20 Code of Federal Regulations (CFR), WIOA Department of Labor (DOL); Final Rule (WIOA DOL Final Rule).
Title 20 CFR 380.920, 930, 940, 950, 960, 970, Are there limits on the amount or duration of funds for supportive services?
Title 2 CFR 200, 200.441, 200.449 Uniform Administrative Requirements. Title 2 CFR 3121, Definition of Wages.
Title 29 CFR Part 38, Implementation of the Nondiscrimination and Equal Opportunity Provisions of the WIOA.
US Department of Labor, One-Stop Operations Guidance for the American Job Center Network, Training and Employment Guidance Letter (TEGL) 16-16, Issued January 18, 2017. US Department of Labor, Vision for the One-Stop Delivery System Under the WIOA, TEGL 4-15, Issued August 13, 2015.
State of California Employment Development Department, WIOA Youth Requirements , Workforce Services Directive (WSD) 17-07, Issued January 16, 2018. US Department of Labor , Technical Assistance Resources for the Workforce Innovation and Opportunity Act (WIOA) Youth Program , Training and Employment Notice (TEN) 22-19, Issued April 3, 2020.
US Department of Labor, Third Workforce Innovation and Opportunity Act (WIOA) Title I Youth Formula Program Guidance, TEGL 21-16, Issued March 2, 2017. US Department of Labor, Employment Training Administration Coronavirus (COVID -19) FAQs, issued April 8, 2020.
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US Department of Labor, Employment Training Administration Coronavirus (COVID -19) FAQs, issued April 28, 2020.
US Department of Labor, National Dislocated Worker Grant Program Guidance, TEGL 12 -19, issued March 18, 2020.
US Department of Labor, WIOA Desk Reference: Supportive Services, issued June 2017. State of California Employment Development Department, Underserved COVID -19 Impacted Individuals Grant (1187) FAQs, Issued April 30, 2020.
State of California Employment Development Department, Underserved COVID -19 Impacted Individuals Grant (1187) FAQs, Issued April 30, 2020.
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Date: March 1, 2021 Number: WSD20-08
AJCC COMPREHENSIVE AND AFFILIATE/SPECIALIZED CERTIFICATION
EXECUTIVE SUMMARY
This policy provides the guidance and establishes the procedures regarding certification of comprehensive and affiliate/specialized America’s Job Center of CaliforniaSM (AJCC) locations.
This policy applies to all Local Workforce Development Boards (Local Board), and is effective immediately.
This policy contains all state-imposed requirements.
This Directive finalizes Workforce Services Draft Directive AJCC Comprehensive and Affiliate/Specialized Certification (WSDD-218), issued for comment on December 7, 2020. The Workforce Development Community submitted three comments during the draft comment period. A summary of comments, including all changes, is provided as Attachment 4.
This policy supersedes Workforce Services Directive Certification Process for Comprehensive AJCCs (WSD16-20), dated June 9, 2017 and Workforce Services Directive Certification Process for Affiliate and Specialized AJCCs (WSD18-11), dated March 14, 2019.
REFERENCES
• Workforce Innovation and Opportunity Act (WIOA) (Public Law 113-128) Sections 121(g) and 188
• Americans with Disability Act Amendments Act of 2008 (ADA) (Public Law 110-325) • Title 20 Code of Federal Regulations (CFR) Sections 678.800 and 679.370(q) • Title 29 CFR Part 38 Implementation of the Nondiscrimination and Equal Opportunity Provisions of the WIOA
• Title 34 CFR WIOA, Joint Rule for Unified and Combined State Plans, Performance Accountability, and the One-Stop System Joint Provisions (WIOA Joint Final Rule) • Department of Labor (DOL) Training and Employment Guidance Letter (TEGL) 16-16, One-Stop Operations Guidance for the American Job Center Network (January 18, 2017) 254
• DOL TEGL 4-15 (PDF), Vision for the One-Stop Delivery System Under the WIOA (August 13, 2015)
• California's Unified Strategic Workforce Development Plan 2020-2023 (State Plan) • WSD19-13, Selection of AJCC Operators and Career Services Providers (June 8, 2020) • WSD18-12,WIOA Memorandums of Understanding (April 30, 2019) • Workforce Services Information Notice WSIN12-43, New One-Stop Branding – America’s Job Center of California Network (March 15, 2013)
BACKGROUND
The WIOA establishes a framework under which Local Boards are responsible for maintaining a network of high-quality, effective AJCCs. To assist in these efforts, the California Workforce Development Board (CWDB), in consultation with an AJCC Certification Workgroup comprised of state-level partners and Local Board representatives, developed objective criteria and procedures for Local Boards to use when certifying the AJCCs within their Local Workforce Development Areas (Local Area).
The WIOA Joint Final Rule outlines three key requirements for AJCC certification: 1) effectiveness of the AJCC, 2) physical and programmatic accessibility for individuals with disabilities, and 3) continuous improvement. California’s certification process is centered on these key requirements and sets a statewide standard of service delivery that ensures all customers consistently receive a high-quality level of service.
To ensure that AJCCs deliver a better experience and continuously improve services for job seekers, workers, and employers, the CWDB in partnership with a workgroup from the Employment Development Department (EDD) developed a streamlined process with this Directive with easier objective criteria and procedures for AJCC certification. The initial certification process was designed with two separate Directives, one for comprehensive AJCCs outlined in WSD16-20 (PDF) and the other for affiliate/specialized AJCCs outlined in WSD18-11 (PDF).
Comprehensive AJCC and affiliate/specialized certifications are due by November 1, 2021.
POLICY AND PROCEDURES
In accordance with WIOA Section 121(g), Local Boards must select an evaluation panel(s) to perform an independent and objective evaluation of the AJCCs in their Local Areas once every three years using criteria and procedures established by the CWDB. The Local Board can choose to add additional certification criteria tailored to the needs of their Local Area, but they may not remove or replace any of the federal or state criteria.
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Local Boards have maximum flexibility to conduct an AJCC Certification through an on-site, remote/virtual, or desk review evaluation due to COVID-19 and must meet the requirements of this Directive.
The certification process for comprehensive and affiliate/specialized AJCCs will be conducted during Program Year (PY) 2021-22 and take effect January 1, 2022.
Baseline Certification
The Baseline AJCC Certification is intended to ensure that every comprehensive, specialized and affiliate AJCC is in compliance with key WIOA statutory and regulatory requirements. It is important to note that certification is an individualized process; it will not be used to compare or rank one AJCC or Local Board against another AJCC or Local Board.
AJCC Comprehensive
The following requirements must be met in order for a comprehensive AJCC to receive Baseline AJCC Certification (Attachment 1):
1. Each Local Board and partner within the affiliate/specialized AJCC has a signed and implemented Memorandum of Understanding (MOU) with the Local Board meeting the requirements in WSD18-12 (PDF).
2. The AJCC has implemented the board-defined roles and responsibilities of the AJCC Operator and Title I Adult and Dislocated Worker Career Services Provider (i.e., an AJCC Operator and Career Services Provider is in place and functioning within the AJCC).
3. The AJCC complies with equal opportunity for individuals with disabilities in accordance with the ADA, WIOA Section 188, Title 29 CFR Part 38, and all other applicable federal and state guidance.
4. The AJCC meets all regulatory requirements to be considered a comprehensive AJCC as identified in the WIOA Joint Final Rule Section 678.305.
Affiliate/Specialized Baseline AJCC Certification
The following requirements must be met in order for an affiliate/specialized AJCC to receive Baseline AJCC Certification (Attachment 2):
1. Each Local Board and partner within the affiliate/specialized AJCC has a signed and implemented MOU with the Local Board meeting the requirements in WSD18-12 (PDF).
2. The affiliate/specialized AJCC complies with equal opportunity for individuals with disabilities in accordance with the ADA, WIOA Section 188, Title 29 CFR Part 38, and all other applicable federal and state guidance.
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AJCC Certification Indicator Assessment
In order to highlight areas where AJCCs can continuously improve their service delivery, the AJCC Certification Workgroup identified seven AJCC Certification Indicators to measure continuous improvement for all AJCCs.
The AJCC Certification Indicators are as follows:
1. The AJCC ensures universal access, with an emphasis on individuals with barriers to employment.
2. The AJCC actively supports the One-Stop system through effective partnerships.
3. The AJCC provides integrated, customer-centered services.
4. The AJCC is an on-ramp for skill development and the attainment of industry-recognized credentials which meet the needs of targeted reginal sectors and pathway.
5. The AJCC actively engages industry and labor and supports regional sector strategies through an integrated business service strategy that focuses on quality jobs.
6. The AJCC has high-quality, well-informed, and cross-trained staff.
7. The AJCC achieves business results through data-driven continuous improvement.
The AJCC Certification Indicator Assessment provides a description of each Certification Indicator along with examples of criteria. The assessment requires a full rationale for each Certification Indicator provided.
The Local Board may establish additional criteria, or set higher standards for continuous improvement than those suggested by the state criteria above.
Local Boards must submit a completed AJCC Certification Indicator Assessment to their Regional Advisor by November 1, 2021.
Continuous Improvement Plan
Once the AJCC Certification Indicator Assessment is completed, the Local Board must use the recommendations and evaluations from the assessment to create a continuous improvement plan for the AJCC.
Since Local Boards oversee the AJCC system within the Local Workforce Development Area, the AJCC Continuous Improvement Plan should be developed locally in coordination with the Local Board, AJCC Operator, and in alignment with the agreed upon goals and objectives within the established Regional and Local Plans and MOUs to drive continuous improvement for the AJCC system. The continuous improvement plan does not need to be submitted with the Baseline Criteria Matrix and the AJCC Certification Indicator Assessment.
Since the goal is for Local Boards to work with each of their comprehensive and affiliate/specialized AJCCs to continually improve and progress within each AJCC Certification 257
Indicator, all Local Boards must attest to developing the Continuous Improvement Plan with target dates with the AJCC. The Continuous Improvement Plan must be completed by December 31, 2021.
Local Boards are encouraged to note the changes that have taken place in the form of virtual services due to COVID-19. Additionally, Local Boards may use the Continuous Improvement Plan to highlight key procedural changes that have occurred as a result of the pandemic and how those changes have been beneficial toward the AJCC’s continuous improvement.
Local Board Certification Process
Local Boards may choose to use staff, the AJCC Operator (unless it’s the Local Board), a subcommittee, or a neutral third-party to conduct the open, independent evaluation of each comprehensive and affiliate/specialized AJCC. Based on those evaluations, the individual(s) or entity that conducted the independent review can provide recommendations to the Local Board regarding certification status and continuous improvement strategies. It is the Local Board, however, that must officially decide and submit the Baseline Criteria Matrix and accompanying AJCC Certification Indicator Assessment for each of the comprehensive and specialized/affiliate AJCCs in the Local Area.
To avoid potential conflicts of interest, the entity that conducts the evaluations cannot be an AJCC program partner staff or the Title I Adult and Dislocated Worker Career Services Provider.
If a Local Board contracts out with a provider to serve as both the AJCC Operator and the Title I Adult and Dislocated Worker Career Services provider, that entity is also not allowed to conduct the evaluation.
However, if a Local Board has been approved by the Governor to also act as the Title I Adult and Dislocated Worker Career Services Provider, Local Board staff may conduct the evaluation so long as there are clear and strong firewalls in place that separate the Local Board staff who work in the AJCCs from the Local Board staff who would be conducting the evaluations of those AJCCs. In this case, the CWDB may request additional information and documentation from the Local Board to verify that the firewalls are substantive enough to remove any potential conflicts or biases.
The Local Board must also retain adequate supporting documentation of their certification determination for each AJCC. This includes, but is not limited to, ADA compliance monitoring reports, MOUs, procedure manuals, questionnaires, surveys, interview notes from customers, partners, or staff, and performance information that was used during the certification process.
Certification documentation may be requested by the DOL, the CWDB, or the EDD in order to substantiate a certification decision.
Although not required, AJCC staff may want to conduct an initial self-assessment prior to the Local Board’s evaluation. A self-assessment is a helpful tool that can assist the AJCC in 258
addressing potential compliance issues or areas of improvement prior to the Local Board’s certification decision. As a self-assessment is not an independent and objective evaluation it cannot be used in lieu of the Local Board’s (or official designee’s) evaluation.
CWDB Certification Process
As required by the WIOA Joint Final Rule Section 678.800, when a Local Board is approved by the Governor to also serve as the AJCC Operator, the CWDB must certify the AJCC(s) where the Local Board is the AJCC’s Operator. Prior to the CWDB’s certification process, the Local Board must conduct an initial self-assessment for certification for all of its comprehensive and affiliate/specialized AJCCs using the Baseline Criteria Matrix and complete an AJCC Certification Indicator Assessment.
The Local Board must submit the Baseline Criteria Matrix, and the AJCC Certification Indicator Assessment by November 1, 2021. The CWDB will review certification packets for the certification status of each comprehensive and affiliate/specialized AJCC by December 17, 2021.
Submissions
Local Boards must electronically submit their Baseline Criteria Matrix and AJCC Certification Indicator Assessment via email to their Regional Advisor.
The Local Board Director must sign both the Baseline Criteria Matrix and AJCC Certification Indicator Assessment to attest to the Local Board’s approval of each comprehensive and affiliate/specialized AJCC’s certification level and agreement to develop a Continuous Improvement Plan with target dates with the AJCCs.
ACTION
Bring this Directive to the attention of all relevant parties.
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INQUIRIES
If you have any questions, contact your assigned Regional Advisor.
/s/ JAIME L. GUTIERREZ, Chief
Central Office Workforce Services Division
Attachments:
1. Comprehensive AJCC Certification Baseline Criteria Matrix (DOCX)
2. Affiliate/Specialized AJCC Certification Baseline Criteria Matrix (DOCX)
3. AJCC Certification Indicator Assessment (DOCX)
4. Summary of Comments (DOCX)
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1 STAFF REPORT
DATE: October 14, 2025
TO: Justin Hess, City Manager
FROM: Mandip Kaur Samra, General Manager, Burbank Water and Power VIA: Riad Sleiman, Chief Assistant General Manager
BY: Sven Knauth, Senior Electrical Engineer
SUBJECT: Authorize the General Manager of Burbank Water and Power to Enter into an Electrical Services Agreement with SJ4 BURBANK, LLC
RECOMMENDATION
Approve and authorize the General Manager of Burbank Water and Power (BWP) to:
1. Execute an Electrical Services Agreement (Agreement) with SJ4 BURBANK, LLC (Developer) (Attachment 1) , subject to review and approval by the City Attorney’s Office, with reasonable changes in form and substance satisfactory to the City Attorney’s Office, if required;
2. Execute any other ancillary documents, including amendments, in form and substance satisfactory to the City Attorney’s Office and up to an amount available within any City Council (Council) - a
pproved Fiscal Y ear (FY) Budget; and
3. Accept all A id-in-Construction (AIC) payments needed to provide electric service to the project under this Agreement or any other AIC letters or agreements related to the Project.
BACKGROUND
The Developer is constructing a mixed- use residential complex (the “Project”) on the property located at 777 Front St., Burbank, California. The Developer presented preliminary plans to the City of Burbank (City) to develop the project with a new electrical d
emand below 5 MVA. Per Project 17-0001265 (Development Review, Tentative Tract Map No. 74896, Planned Development No. 17-1, and Development Agreement), condition of approval #211, the development is required to construct two underground 12kV feeders to the site as part of the requirement to serve (“Required Infrastructure”). A Consent Calendar
Item #7
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2 crossing, which is experiencing delays. These delays pose a risk to the timely energization of Phase 2 of the development pending resolution. An alternate solution was presented to allow for a temporary, limited capacity overhead connection to the development until permanent construction of the Required Infrastructure.
DISCUSSION
The proposed alternative provides a benefit to the Developer by allowing temporary, limited capacity overhead service to feed a portion of the development for energization while the Required Infrastructure is being constructed as required by the Development’s conditions of approval and BWP Rules and Regulations. The Developer is fully responsible for all costs associated with the temporary solution. The proposed agreement provides assurance to BWP that the Required Infrastructure will be completed, while allowing the Developer to complete their project construction and make new residential u
nits available.
The agreement between the City and the Developer details the process for the temporary energization, the Developer's obligation to install the Required Infrastructure, and the AIC payments due to the City.
ENVIRONMENTAL REVIEW
The existing project at 777 Front St. completed the California Environmental Quality Act (CEQA) review as part of the Project approval, and no significant change to the project is proposed as part of this agreement . Before the commencement of each “project,” staff will determine if it has the potential to result in a direct or indirect physical change to the environment and if it is subject to the requirements of the CEQA.
FISCAL IMPACT
The Developer is fully responsible for all costs related to this Project. The total AIC cost for this project is estimated at $7,485,990.30, which includes onsite and offsite distribution, some offsite portions of the Required Infrastructure that the developer asked for BWP assistance in building, metering, offsite capacity charge, engineering, and related costs needed to serve the project. There are no additional costs incurred by the City. Funds for this work are available in the Council-approved BWP Budget for FY 2025- 26 within the Electric Fund (496).
CONCLUSION
Entering into an agreement with the Developer will allow the Developer to continue making progress towards bringing new residential units to the market while issues in constructing the Required Infrastructure for permanent power are resolved. Additionally, the agreement provides assurance to BWP that the Required Infrastructure will be completed as a condition of the project and sets expectations for costs, division of portion of the Required Infrastructure construction involves a new underground railroad 262
3 ATTACHMENT
Attachment 1 – Electrical Services Agreement
responsibility, and potential limitations of the temporary overhead feed. 263
Spa
ce Above This Line for Recorder's Use
ELECTR
ICAL SERVICES AGREEMENT
This ELECTRICAL SERVICES AGREEMENT (“Agreement”) is entered into on _________________, 2025 (the “Effective Date”), by and between XXX, (together with any of its permitted successors and assigns, “Developer”), and THE CITY OF BURBANK, CALIFORNIA (the “City”) ACTING THROUGH BURBANK WATER AND POWER (“BWP”). Developer and the City shall be each referred to herein as a “Party” and collectively as the “Parties”.
A. Developer is constructing a mixed-use residential complex (the “Project”) on the property located at 777 Front St., Burbank, County of Los Angeles, California which is more particularly described in Exhibit A, Legal Description, attached hereto and incorporated herein by this reference (the “Property”). All parcels owned by the Developer as identified on Exhibit D, attached hereto and incorporated herein by this reference, shall be referred to herein collectively as the “Development”.
B. Developer presented preliminary plans to the City to develop the Project with new electrical demand below 5 MVA. Per Project 17-0001265 (Development Review, Tentative Tract Map No. 74896, Planned Development No. 17-1, and Development Agreement) condition of approval #211, the development is required to construct two (2) underground 12kV feeders to the site as part of the requirement to serve (“Required Infrastructure”).
C. Per Project 17 -0001265 condition of approval #221, a ll substructure work including transformer pads, switch pads, pull boxes, grounding systems, primary conduits and secondary conduits are the responsibility of the developer (“Substructure Work”) and shall be done in accordance with BWP drawings and specifications. Substructure Work is a necessary component of the Required Infrastructure. Developer has investigated and requested , in its own discretion, that offsite Substructure Work be performed by the City and has acquired the City’s assistance in its completion . Developer acknowledges their obligation to Project 17 -0001265 condition of approval #221 and has paid Aid-in-Construction (AIC) deposits for the City to assist in completing such work.
D. Developer acknowledges that, in order for the City to provide Electric Service to the Project, pursuant to the BWP Rules and Regulations, Developer must pay for the total cost for the Required Infrastructure from a substation to the Service Points (defined below). As a preliminary step towards construction of the Required Infrastructure, Developer has agreed to pay the City a deposit (the “Deposit”). The Deposit paid is Six Million, O ne Hundred Ninety-Three Thousand, F ive Hundred S eventy-Seven Dollars ($6,193,577), in the form of an Aid- in-
RECORDING REQUESTED BY
AND WHEN RECORDED,
MAIL TO:
City Clerk
City of Burbank
P. O. Box 6459
Burbank, CA 91510
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Construction. Developer acknowledges that additional AIC is outstanding and must be paid prior to the full energization of the 700 N Front St building (Phase 2).
E. A portion of the Required Infrastructure construction is experiencing delays which places Phase 2 of the Development at risk of not being energized until a resolution is finalized. A n alternate solution was presented to allow for the temporary connection to the Development until permanent construction of the Required Infrastructure.
F. This alternative provides a benefit to the Developer by allowing temporary, limited capacity overhead service to feed a portion of the Development for energization while the Required Infrastructure is being constructed as required by the Development’s conditions of approval and BWP Rules and Regulations.
G. Developer acknowledges that alternative solution costs are solely their responsibility, and such alternative solution has limitations and does not alleviate the Developer from the complete construction of the Required Infrastructure.
H. Developer desires that the City provide temporary metering energization for the purpose of testing facilities at each metered residential complex. The City shall use good faith effort to install the metering and provide a 60 calendar day window for the general testing of facilities and inspections (“Metering Grace Period”). After Temporary Certificate of Occupancy is issued or Metering Grace Period has elapsed, whichever is less, the City shall de-energize electric service at the meters until the earlier of the following: 1) The Required Infrastructure that will traverse under the railroad is completed and energizing the Service Point or 2) The Tem porary Power to the Service Point is energized. Developer agrees to pay for the temporary metering energization and subsequent di sconnection effort described , due within 30 days of Agreement execution.
I. In the event, the Required Infrastructure experiences a major delay or setback, Developer desires that the City provide, and the City shall use good faith efforts to provide, temporary electric power (“Temporary Power”) by using an overhead 12.47kV distribution line (the “Temporary Distribution Line”) to cross the railroad tracks, and installing related required conductor and equipment to connect to the Project at the service point at 777 Front St. Street (“Service Point”) as soon as reasonably possible, with a target completion of 30 working days after required Developer’s temporary substructure work completion and successful inspection by the City. Developer acknowledges that Temporary Power is being installed for Phase 2 and is not designed to carry the full load of the development. This may cause extended outages, extended restoration times, and limited electric capacity due to limited redundancy in the electric feed to the Development.
J. As a preliminary step towards construction of the Temporary Distribution Line and temporary metering energization for testing, Developer has agreed to pay the City a n amount in addition to the Deposit in the amount of Sixty-Two Thousand, Five Hundred D ollars ($62,500) (the “Temporary Distribution Deposit”) , due when Developer requests Temporary Power.
NOW, THEREFORE, in consideration of the mutual promises contained herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and intending to be legally bound hereby, the Parties covenant and agree as follows:
1. Developer’s Load; Service Points on Property.
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(a) Total Load. Any designs, plans and/or other development documentation included with each design submitted to the City by Developer (collectively, the “ Developer’s Documentation”) must indicate that Developer’s switchgear capacity for the Project (the “Developer’s Load”) is below 5 MVA. Per Project 17 -0001265 condition of approval #211, the calculated load demand will be based on 65% of the panel capacity of 80% rated panels or 80% of the panel capacity for fully rated panels. If changes are made to the design that would cause the demand load to increase above 5 MVA, a separate substation agreement would be required prior to energization of service.
(i) Installation, Replacement, or Upgrade of Electric Metered Panels. In the event a metered electrical panel is to be installed, replaced, or upgraded on the Development after the City’s electric permit for the Temporary Power has been finalized , the capacity of the replacement panel shall be subject to Project 17-0001265 condition of approval #211.
(b) Service Points. The Service Points for the conduit and wiring to serve the Property when constructed will be as indicated on Exhibit B.
2. Total Costs and Fees for the Distribution Facilities.
(a) Costs. The estimated costs are set forth below:
(i) Total Required Infrastructure Costs. The estimated total costs for the city constructed portion of the Required Infrastructure, including offsite Substructure Work constructed by BWP but not including onsite Substructure Work constructed by Developer, up to the Service Points shall include, but not be limited to, costs for the design, engineering, procurement, substructure construction ( including conduit system, manholes, street resurfacing) cable installation, project management, testing and commissioning of the Required Infrastructure, together with any contracts or sub- contracts with third parties to provide or perform such work and materials (collectively, the “ Total Required Infrastructure Costs”). Developer is responsible for the construction and the costs of all substructure, including conduit system, manholes, and street resurfacing required to serve the Development. The Parties hereby acknowledge and agree the Total Required Infrastructure Costs are estimated to be $7,305,901 as of the third quarter of 2024.
(ii) Temporary Distribution Line Costs. In the event the Required Infrastructure that traverses under the Railroad is further delayed and Developer requests to proceed with the Temporary Distribution Line installation, the estimated total costs for the commissioning of the Temporary Distribution Line up to the Service Points shall include, but not be limited to, costs for the design, engineering, procurement, pole installation, substructure inspection (including conduit system, manholes, street resurfacing), cable installation, project management, testing and commissioning of the Temporary Distribution Line, together with any contracts or sub - contracts with third parties to provide or perform such work and materials (collectively, the “Temporary Distribution Line Costs”). Developer is responsible for the construction and the costs of the substructure, including conduit system, manholes, and street resurfacing. The Parties hereby acknowledge and agree the Temporary Distribution Line Costs are estimated to be $ 62,500.00 as of
the second quarter of 2025. The Developer shall pay the Temporary Distribution Line Costs prior to any Temporary Distribution Line work by the City.
(iii) Temporary Metering Lock-Out Costs. The estimated total costs for the commissioning of temporary electric meters shall include, but not be limited to, costs for the design, engineering, procurement, installation and removal of the temporary electric meters until ATTACHMENT 1
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temporary or permanent power distribution has been established (collectively, the “Temporary Metering Lock -Out Costs”). Developer is responsible for obtaining necessary permitting, inspections and meter releases from the Building Division. All home run conduits to their respective units must be completed prior to BWP installing the temporary electric meters . The Parties hereby acknowledge and agree that the temporary electric meters will be installed with the disconnect in the closed-energized position for a period of 60 calendar days , after which all meter disconnects shall be switched to the open- disconnected position. The Parties also herby acknowledge and agree that customers may not sign up for service and energize the respective units until Temporary Distribution Line or Required Infrastructure has been installed and is energizing the Service Point . Temporary Metering Lock-Out Costs are estimated to be $ 35,250.00 as of the second quarter of 2025, this amount is in addition to the meter installation cost estimate included in previous Aid-in-Construction letters issued for the project.
(iv) The actual Total Required Infrastructure Costs and Temporary Distribution Line Costs shall be tracked by the City, and Developer shall be invoiced for any amount spent in excess of the estimated collected amounts (the “Cost True-up”), no later than ninety (90) days after completion of BWP’s scope of work and no additional charges being incurred or outstanding . Developer shall be issued a refund for any amounts not spent of the Total Required Infrastructure Costs, Temporary Metering Lock-Out Costs, and Temporary Distribution Line Costs within ninety (90) days after the Final Completion Date in Section 5 below.
(b) Developer Fees.
(i) Developer agrees and acknowledges that it shall pay to the City the sum of the Total Required Facilities Costs and Temporary Distribution Line Costs in the form of aid-in-construction payments (“AIC Payments”).
(ii) The City agrees that Developer will not be required to make AIC Payments in excess of the Total Required Infrastructure Costs, Temporary Metering Lock- Out Costs, Temporary Distribution Line Costs and Cost True-up in order for the City to complete the Required Facilities and Temporary Distribution Line ; provided, that Developer shall still be required to pay any other customary fees necessary to develop and energize the Property, including permits and application fees.
3. AIC Payments.
(a) Delivery of AIC Payments. Developer agrees to irrevocably deposit the balance of the AIC Payments , including the Temporary Distribution Deposit, in immediately available funds denominated in United States currency, with the City, within the timeframe described in Section 5. Developer acknowledges and agrees that the AIC Payments shall have no right to any interest accrued by the AIC Payments and shall be held as cash without any investment.
(b) Exclusivity of Deposit and AIC Payments Funds; Non-Refundable. The City agrees to not commingle the Deposit nor AIC Payments with any other amounts held on behalf of Developer or any other party. The City acknowledges that the Deposit and AIC Payments are for the sole and exclusive purpose of paying for a portion of the costs as Aid-in-Construction (as defined in the BWP Rules and Regulations) necessary to providing Electric Service to the Property for the Developer’s load.
4. Payment Milestones. The City will invoice Developer in accordance with the schedule set forth herein and Developer shall pay such invoices within thirty (30) days of receipt of such invoice.
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The City shall invoice Developer thirty (30) days prior to each of the payment dates set forth in Section 4(a) below. Developer’s obligations to make payments on the dates are as set forth below.
(a) (i) Estimated due dates. Payments shall be made on the below dates subject to the City using good faith diligent efforts to complete the work under this Agreement:
Milestone Amount
Estimated
Due Date
Temp Metering Lock-Out Costs $35,200 Paid prior to
Agreement Execution
Phase 2 AIC payment $1,112,324
(est.)
Before phase 2 re-
energization
Cost True-Up 90 Days after BWP’s
Scope of Work is
complete
Temp Distribution Line Cost $62,500 TBD
(a)(ii) Deposit. As of the execution of this Agreement, Developer has paid $6,311,166.31 in AIC deposits as follows:
Deposit Amount
Engineering Deposit $10,000
Temp power overhead $1,714.31
Temp power overhead, 2nd service $12,525
Temp power construction $68,100
Transformer Order $575,000
Lake St Work $518,577
Lake to Front St Work $1,846,000
Phase 1 partial payment $3,244,000
Temporary Metering Lock-Out Costs $35,250
5. Scheduled Completion Date. The City shall use commercially reasonable efforts to install electric meters and make distribution feeders from a substation available for energization of Temporary Distribution Line at the Service Point to the Property by 30 working days after agreement execution (the “Temporary Completion Date”), provided that Developer completes all required onsite and offsite substructure work necessary for the City’s construction, provides the City the safe and clear access necessary to commence onsite work, completes all plans and designs ATTACHMENT 1
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necessary for the construction of the offsite work, and that all substructure construction necessary for the Temporary Distribution Line is completed a minimum of 60 days prior to the Temporary Completion Date. The anticipated “Final Completion Date” is currently unknow since such date may be adjusted based on a number of factors that may impact the design, construction and implementation and is contingent on third party involvement, including railroad permitting, which is currently delaying the work.
6. Risk of P lanned Railroad Crossing. Developer acknowledges and agrees that the planned railroad crossing, as designed by Developer and being an integral part of the Required Infrastructure, is still subject to review, approval, and permitting by several third party agencies including but not limited to the City, Los Angeles County Metropolitan Transportation Authority, Southern California Regional Rail Authority, and the Los Angeles County Flood Control District and that there are unknown risks to obtaining such approval . Should an issue be identified that makes construction of the planned railroad crossing, as designed or with reasonable modifications, not feasible or unable to be permitted , an alternate crossing design or route may be required.
Developer agrees that, per Project 17-0001265 condition of approval #221, they are responsible for all costs for the Required Infrastructure including any potential alternate designs to complete the construction of the Required Infrastructure . Further Developer agrees to deposit with City additional AIC to cover the costs to resolve any identified major conflicts within 30 days of invoice by City.
7. Certificate of Occupancy contingent on Required Infrastructure. Developer acknowledges and agrees that the City will not issue a final Certificate of Occupancy until developer complies with all project conditions of approval, including completed construction of the Required Infrastructure. If the preferred Required Infrastructure design as currently planned is not feasible to construct developer acknowledges that an alternate design may be required and that costs for such design may be higher than the current estimate. Developer agrees to deposit with City AIC to cover the estimate plus 20% contingency of such an alternate design if required.
8. Does Not Constitute Project Approval. Developer acknowledges and agrees that the City’s approval of this Agreement does not constitute, and will not provide any assurance of, the City’s approval of the Project , any budget approvals relating thereto, the Developer’s Documentation applications, the environmental review or any other item relating or arising out of the Project or any portion thereof. The City shall not be liable to the Developer under this Agreement for failure to approve any such items. This Agreement does not provide Developer any vested rights in Electric Service.
9. Representations and Warranties. Developer represents and warrants to the City that:
(a) Developer is duly organized, validly existing and in good standing under the laws of the jurisdiction of its formation and has full power to execute, deliver and perform this Agreement.
(b) The execution, delivery and performance of this Agreement have been and remain duly authorized by all necessary joint powers authority action and do not contravene the Developer’s constitutional documents or any contractual restriction binding on the Developer or its assets.
(c) This Agreement constitutes the legal, valid and binding obligation of the Developer enforceable against Developer in accordance with its terms, subject, as to enforcement, to bankruptcy, insolvency, reorganization and other laws of general applicability relating to or affecting creditor’s rights and to general equity principles.
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(d) The execution and delivery by Developer of this Agreement does not, and the performance by Developer of its obligations hereunder (with or without the giving of notice or lapse of time or both) will not, directly or indirectly, (a) violate any applicable law or any provision of any security issued by Developer, (b) conflict with, result in a breach of the provisions of or constitute a default under any of the organizational documents of Developer, (c) violate any other agreement, instrument or undertaking to which Developer is a party or by which it or any of its property is bound or (d) require any license, consent or approval of any governmental authority.
10. Miscellaneous.
(a) Notices. All notices, advice and other communications under this Agreement shall be made in writing and given by overnight delivery, fee prepaid, via any reputable overnight courier service with national reputation and a reliable tracking system. Notices and advices are to be addressed to each party as provided below and shall be deemed to have been duly given when received or when delivery is refused (as the case may be) as indicated on the business records of such overnight courier service. Each party may establish a new address from time to time by written notice to the other given in accordance with this Section. Notice to outside counsel designated by a party entitled to receive notice is for convenience only and is not required for notice to a party to be effective in accordance with this Section.
Addr
ess for Developer:
XXX
Address Street name
City, State, Zip code
Attn:
Email
Address for the City
: City of Burbank
Burbank Water and Power
164 W. Magnolia Blvd.
Burbank, CA 91502-1720
Attn:
Email:
With a copy to: City of Burbank
City Attorney’s Office
275 East Olive Avenue
Burbank, CA 91502
Attn: BWP Counsel
Telephone: 818-238-5702
Fax No.: 818-238-5724
(b) Entire Agreement; Modification. This Agreement sets forth the entire agreement between the Parties with respect to the subject matter hereof and supersede all prior discussions, representations, communications and agreements (oral and written) by and among the Parties with respect thereto. Neither this Agreement nor any terms hereof shall be waived, modified, supplemented or terminated in any manner whatsoever, except by a written instrument ATTACHMENT 1
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signed by all Parties and then only to the extent expressly set forth in such writing. If there is a conflict between this Agreement and BWP’s Rules and Regulations regarding the rights and obligations set forth in this Agreement, this Agreement shall control.
(c) Binding Effect. The terms and provisions of this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, executors, legal representatives, successors, and assigns, whether by voluntary action of the parties or by operation of law.
(d) Duplicate Originals; Counterparts. This Agreement may be executed in any number of counterparts, including facsimile counterparts, with the same effect as if all signing parties had signed the same document. All counterparts shall be construed together and constitute the same instrument.
(e) Revision and Severability. If any provision of this Agreement is held by a court of competent jurisdiction to be unenforceable, then such provision will be modified to reflect the Parties’ intention. All remaining provisions of this Agreement shall remain in full force and effect.
(f) Assignment; Subdivision. Developer shall not assign this Agreement without the prior written consent of the City, such consent not to be unreasonably withheld, delayed or conditioned. Notwithstanding the foregoing, this Agreement shall be binding on any successor owner of the Property. In the event Developer subdivides the Property in accordance with its rights under the Development Agreement, the Developer and City shall use commercially reasonable efforts to enter into such amendments or replacement agreements of this Agreement to ensure that the intended rights and obligations described hereunder shall be preserved.
(g) Ambiguity; Headings and Construction of Certain Terms. The Parties agree that this Agreement shall be construed and interpreted according to the ordinary meaning of the words used so as to accomplish fairly the purposes and intentions of the Parties. Words used in this Agreement may be used interchangeably in singular or plural form, and any pronoun shall be deemed to cover all genders. Section headings are for convenience only and shall not be used in interpretation of this Agreement. “Herein,” “hereof” and “hereunder” and other words of similar import refer to this Agreement as a whole and not to any particular section, paragraph or other subdivision; and “ Section” refers to the entire section and not to any particular subsection, paragraph or other subdivision.
(h) No Dedication. Any undertaking by one Party to the other Party under any provisions of this Agreement shall not constitute the dedication of the City of Burbank’s electric system or any portion thereof to the public or to Developer (including its successors, assigns, licensees, customers, invitees, licensees, tenants, lessees, subtenants, concessionaires, officers, employees or agents).
(i) Limitation of Liability . In no event and under no circumstances shall one Party be liable to the other Party for any principal, interest, loss of anticipated revenues, earnings, ATTACHMENT 1
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profits, increased expense of operation or construction, loss by reason of shutdown or non-operation due to late completion or otherwise for any other economic, consequential, indirect or special damages. The City makes no representations or warranties to Developer. (j) Force Majeure. Delay in the performance or non- performance in whole or in part by the City is not a breach of its duty or obligations under this Agreement if such performance has been made impracticable by a Force Majeure. The term “ Force Majeure ” includes, but is not limited to, war, flood, lightning, drought, earthquake, fire, volcanic eruption, landslide, hurricane, cyclone, typhoon, tornado, explosion, civil disturbance, an act of God or the public enemy, terrorist act, military action, epidemic, famine, plague, action of the court or public authority (including imposition of tariffs), strike or go-slow or similar labor difficulty. (k) Limitation on Remedies; Limitation on Liability . In the event that the City cannot make the energization of the distribution feeders available at the Service Points on or prior to the Temporary Completion Date, Developer acknowledges that its sole remedy for such failure is for specific performance by the City to provide sufficient electrical capacity for the Developer’s Load from any other substation. In no event and under no circumstances shall the City be liable to Developer for any principal, interest, loss of anticipated revenues, earnings, profits, increased expense of operation or construction, loss by reason of shutdown or non-operation due to late completion or otherwise for any other economic, consequential, indirect or special damages. (l) No Third-Party Beneficiaries. This Agreement does not and is not intended to confer any rights or remedies upon any person other than the Parties. (m) Governing Law; Jurisdiction. To the extent permitted by applicable law, this Agreement shall be governed by the laws of the State of California (without giving effect to its conflicts of law rules).
[
Si
gnature Page and Acknowledgements Follow]
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written.
D EVELOPER:
XXX,
By:
Name:_____________________________
Title:______________________________
Authorized Signatory
C ITY:
CITY OF BURBANK
By:
Name:
Title:
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STA
TE OF )
) ss.
COUNTY OF )
On
before me, , N otary Public, personally
appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I
c
ertify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
W
ITNESS my hand and official seal.
Notary Public (Seal)
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
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Exhibit A
LEG
AL DESCRIPTION
THE LAND REFERRED TO HEREINBELOW IS SITUATED IN THE CITY OF BURBANK,
COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
P
ARCEL DESCRIPTION:
AP
N:
A
ddress:
ATTACHMENT 1
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Exhibit B
S
ervice Points
(GIS map showing Service Points.)
ATTACHMENT 1
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Exhibit C
GIS Map of Development (in red)
ATTACHMENT 1
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1 STAFF REPORT
DATE: October 14, 2025
TO: Justin Hess, City Manager
FROM: Patrick Prescott, Community Development Director
VIA: Simone McFarland, Assistant Community Development Director BY: Mary Hamzoian, Economic Development Manager
SUBJECT: Acceptance of Public Comment on the Proposed Renewal of the Burbank Tourism Business Improvement District
RECOMMENDATION
Accept Public Comment on the Proposed Renewal of the Burbank Tourism Business Improvement District (TBID).
BACKGROUND
In 2011, City Council (Council) established Burbank’s TBID to market and promote Burbank and its hotels as a desirable national and international destination. The TBID has successfully operated for more than 14 years and is currently requesting to renew the district for a new 10-year term. On September 9, 2025, City Council (Council) adopted a Resolution of Intention (Resolution) to Renew the TBID. The September 9 th Staff Report
is included as Attachment 1. The Resolution set a time, date and place for two additional meetings, a public hearing to hear testimony on renewing the TBID for October 14, 2025, and a final public hearing for the Resolution of Formation for November 18, 2025.
DISCUSSION
The purpose of this public hearing is to provide an opportunity for members of the community to submit public comment on the proposed renewal of the TBID. The only action required by Council at this time is to accept any public comment submitted.
TBID Renewal Process
For the TBID renewal process to begin, a majority of Burbank hotels representing more
COMMUNITY
DEVELOPMENT
Public Hearing
Item #1
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2 renewal. A total of 14 hotels, representing 91.33% of the total district assessments have signed a petition in favor of renewing the TBID (Attachment 2) . Burbank’s l odging business1 owners have elected to pursue renewal of the TBID to continue a stable revenue source devoted to marketing Burbank as a tourist, meetings, and event s destination. This overwhelming support from the hotels provides Council the opportunity to continue the district renewal process, thereafter, leading up to the renewal of a new ten-year term beginning July 1, 2026. If renewed, the TBID would generate approximately $2,275,0002 on an annual basis for promotion of travel and tourism , specific to Burbank (amount based on 1.75% of rental room revenue generated during Fiscal Year 2026-27).
This is approximately $875,000 more than is currently collected and will allow for increased marketing and destination development projects that enhance the visitor experience.
Council adopted the Resolution of Intention to Renew the TBID on September 9 th. On September 12 th, a written notice was sent to all hotel owners notifying them of the approval of the Resolution of Intention and providing them with the opportunity to protest the renewal of the TBID (Attachment 3).
Next Steps in the Renewal Process
• A Public Hearing is scheduled for October 14, 2025 for the Council to accept public comment regarding the proposed renewal of the TBID. There is no action required by Council at the October 14, 2025 meeting other than to accept any public comment submitted.
• At the October 14
th meeting, if written opposition is received from hotels which represent more than 50% or more of the proposed assessments, and the written opposition is not withdrawn, the renewal process will end and no further action to renew the TBID can be taken for a period of one (1) year from the date of the final public hearing (November 18, 2025).
• A second Public Hearing is scheduled for November 18, 2025. • If no opposition is received, or opposition representing less than 50% of the proposed assessment is received up until the close of the final hearing on November 18, 2025, Council may consider the renewal of the TBID on November 18, 2025.
ENVIRONMENTAL REVIEW
This report has no potential for resulting in a direct or reasonably foreseeable indirect physical change to the environment and falls outside the definition of a “project” under the California Environmental Quality Act (CEQA) and is therefore not subject to CEQA review 1 Hotels are also commonly referred to as lodging businesses. 2 Current assessment is 1% and generates approximately $1,400,000 annually. than 50% of the total districts assessment must have signed a petition in favor of the 279
3 FISCAL IMPACT
There is no fiscal impact associated with this report.
CONCLUSION
The TBID has a successful track record of enhancing Burbank’s presence as a business and leisure tourist destination. Since 2011, the TBID has maintained the same 1% assessment rate, utilizing approximately $1.4 million annually to promote Burbank as a top tourist destination through marketing and destination development. With the renewal of a new 10- year term, the assessment rate increase will support marketing and destination development initiatives like monument signage and wayfinding to enhance the visitor experience in Burbank. By moving forward with the renewal of the TBID , Council is reinforcing its commitment to enhance and grow the tourism sector in Burbank.
ATTACHMENTS
Attachment 1 – Staff Report for Resolution of Intention from September 9, 2025 Attachment 2 – Signed Petitions
Attachment 3 – Notice of Public Meeting and Public Hearing pursuant to § 15378 of Title 14 of the California Code of Regulations (CEQA Guidelines). 280
1 STAFF REPORT
D
ATE: September 9, 2025
T
O: Justin Hess, City Manager
F
ROM: Patrick Prescott, Community Development Director
VIA: Simone McFarland, Assistant Community Development Director BY: Mary Hamzoian, Economic Development Manager
SUBJ
ECT: Adoption of a Resolution of Intention to Renew the Burbank Tourism Business Improvement District and Set a Public Meeting and Hearing RE
COMMENDATION
Adopt A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK DECLARING
ITS INTENTION TO RENEW THE BURBANK TOURISM BUSINESS IMPROVEMENT
DISTRICT (TBID) AND FIXING THE TIME AND PLACE OF A PUBLIC MEETING AND
A PUBLIC HEARING FOR THE TBID RENEWAL AND THE LEVY OF ASSESSMENTS ON LODGING BUSINESSES .
BA
CKGROUND
In 2011, City Council (Council) established Burbank’s TBID to market and promote Burbank and its hotels as a desirable national and international destination. The TBID has successfully operated for more than 14 years and is currently requesting to renew the district for a new 10-year term. TBIDs are a self-imposed, special benefit assessment district, made up of lodging establishments. This approach has been successful in California and Burbank. Hoteliers support TBIDs because of the economic value that it provides to their businesses.
B
urbank’s TBID is comprised of hotels that have more than 25 rooms. The goal of the TBID is to attract overnight visitors and increase hotel room occupancy rates, average daily rates, and local sales tax revenues. The funding to promote the hotel s is collected through a one percent (1%) assessment that is charged to the overnight visitor . In Burbank , the 1% assessment rate generates approximately $1.4 million annually. The assessment rate has not been increased since 2011.
COMMUNITY
DEVELOPMENT
ATTACHMENT 1 - 1
281
2 Burbank’s TBID is governed by a Board of Directors known as the Burbank Hospitality Association (BHA), a non-profit corporation. The BHA, also known as Visit Burbank, is an example of a successful public/private partnership with the City. The Economic Development Team, supported through funding received from the TBID, manages the programs and projects of the TBID by developing strategies and initiatives to enhance tourism attraction and visitor spending in Burbank.
During each renewed term of the TBID, the City and the BHA enter into an Agreement for Services to Administer the TBID. The Agreement outlines the responsibilities of both parties including staffing services. The current Agreement is effective through June 30, 2026. An amended Agreement will be brought back to Council for consideration pending the renewal of the TBID.
With the ongoing success of the TBID for more than 14 years, the hotel owners are in support of renewing the TBID for another 10- year term.
The TBID is currently in its second 10-year term renewal 1 and, is requesting to increase
the assessment rate from 1% to 1.75%. The new proposed assessment of 1.75% will generate approximately $2,275,000 annually . Unlike the City’s Transient Occupancy Tax (TOT) which goes directly to the General Fund, the assessment revenue collected through the TBID remains with the TBID. This provides a stable funding mechanism that supports the growth of this industry, including attracting more overnight visitors, conferences, and events to Burbank, resulting in increased hotel room occupancy, sales tax, Transient Parking Tax (TPT), and TOT revenue to the City’s General Fund.
TBID’s Accomplishments
The TBID has several notable accomplishments since its inception in 2011. A few select accomplishments include :
1. Establish ing a brand identity and marketing strategy for Burbank as a destination, launching visitburbank.com, digital advertising, hotel booking engine, and social media campaigns with an audience reach of over 50 million annually;
2. Investing more than $6 00,000 annually on digital and social media marketing to promote Burbank to a drive-time market of 300 miles and airport feeder markets;
3. Creating the Universal Studios Hotel Program, where 12 Burbank hotels are included on the Universal Studios Hotel website, generating approximately $1.4 million in hotel room revenue annually ;
4. Developing the Superhero Statue Program in partnership with DC Comics, boosting Burbank’s brand as Media Capital of the World. To date, the TBID has unveiled three Super hero statues: Batman, Wonder Woman, and Green Lantern, and one more statue is in the works for the current fiscal year ;
1 The TBID was established by Council in 2011 and then renewed in 2016 for a ten -year term that expires June 20, 2026.
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3 5. Attraction and retention of major conferences including MUSEXPO Creative Summit, CTN Animation Expo, Afro Animation Summit, California Society of Association Executives, Arts, Media, Entertainment Institute, generating more than $300,000 in hotel room revenue annually ;
6. Launch of Visit Burbank’s Bicycle Program , providing 50 Visit Burbank branded bicycles to eight participating hotels as an added amenity for their hotel guests ;
7. Launch of the online Visit Burba nk’s Gift Shop; and
8. Attraction of the globally recognized traveling art exhibit, Elephant Parade Burbank 2024.
DISCUSSION
2026-2036 TBID Renewal
As of the writing of this report, staff has received signed petitions (Attachment 2) from 14 hotels, representing 91.33% of the total district assessments in favor of renewal. Lodging business owners decided to pursue renewal of the TBID to continue a revenue source devoted to marketing Burbank as a tourist, meetings, and event s destination. This overwhelming support provides Council the opportunity to initiate the district renewal process, thereafter, leading up to the renewal of a new ten-year term on July 1, 2026. As stated above, if renewed, the TBID would generate approximately $2, 275,000 on an annual basis for promotion of travel and tourism specific to Burbank (amount based on
1.75% of TOT generated during F iscal Year 2026-27). This is approximately $875,000 more than is currently collected and will allow for increased marketing and destination development projects that enhance the visitor experience.
Management District Plan
The Management District Plan (MDP) (Attachment 3) is the governing document which provides the framework for the TBID’s operations and ensures that the funds are used exclusively based on the services noted in the MDP. Key components of the MDP are the following:
Boundaries – All lodging businesses existing or new with 25 or more rooms located within the boundaries of the C ity of Burbank;
Budget – Approximately $2,275,000 annually;
Assessment – The initial annual assessment rate is 1.75% of gross short -term room rental revenue; and
Term – 10-year life beginning July 1, 2026 through June 30, 2036.
Services
The TBID focuses on two major areas to increase overnight stays in Burbank : Sales and Marketing and Destination Development. Sales and Marketing will continue to promote Burbank as a tourist, meetings, and events destination through a domestic, national and international marketing campaign. Destination Development will continue to enhance the ATTACHMENT 1 - 3
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4 visitor experience through art exhibits, superhero statues, monument signage, and gateway enhancements.
Annual Budget
The MDP proposes a budget of approximately $2, 275,000 annually. The following is a breakdown of services provided, and the percentage of funds allocated for each service.
SERVICES PROVIDED PERCENTAGE TOTAL
Sales and Marketing 55% $1,251,250
Administration and Operations 20% $455,000
Destination Development 20% $455,000
Contingency/Reserve 5% $113,750
TOTAL TBID ANNUAL BUDGET 100% $2,275,000
Assessment Rate
The TBID’s current assessment rate is 1% and generates approximately $1.4 million annually. With the proposed renewal, the annual assessment rate will increase to 1.75%2 generating approximately $2,275,000 million . During the new 10-year term, the BHA will also have ability to vote to increase the assessment rate annually to a maximum rate of three percent (3%), or decrease the assessment rate, up to a minimum of one half of one percent (0.5%). This type of flexibility is typical in MDP’s and has been a prevalent part of the TBID’s existing MDP since 2011.
Term
The renewed TBID will have a 10-year term, beginning July 1, 2026, and ending June 30, 2036. The 1.75% assessment will be implemented beginning July 1, 2026.
Collection of Funds
The City will continue to be responsible for collecting the assessment on a monthly basis (including any delinquencies, interest, and overdue charges) from each assessed business. The City shall forward the assessments to the BHA, which will have the responsibility of managing the funds and ensuring the services stated in the MDP are accomplished.
Next Steps in
the TBID Renewal Process
The adoption of the Resolution of Intention to Renew the TBID is the first step in the renewal process for the TBID. Should the Council elect to adopt the Resolution of Intention to Renew, the next steps will follow:
2 Assessments will not be collected on stays of more than 30 consecutive days, stays by any Federal or State officer or employee while on official business; and stays by any officer or employee of a foreign government who is exempt by reason of express provision of Federal law or international treaty.
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5 • A written notice will be sent to all hotel owners notifying them of the approval of the Resolution of Intention and providing them with the opportunity to protest the TBID’s renewal (Attachment 4).
• A public hearing will be set for October 14, 2025 to provide public comment regarding the TBID’s renewal.
• A final public hearing will be set to receive public comment and consider the formation of the TBID on November 18, 2025.
ENV IRONMENTAL REVIEW
This report has no potential for resulting in a direct or reasonably foreseeable indirect physical change to the environment and falls outside the definition of a “project” under the California Environmental Quality Act (CEQA) and is therefore not subject to CEQA review pursuant to § 15378 of Title 14 of the California Code of Regulations (CEQA Guidelines).
FISCAL IMPACT
There is no direct fiscal impact to the City’s General Fund by adopting the Resolution of Intention to renew the TBID. The TBID contribute s approximately $234,600 annually towards Economic Development staff salaries . With the renewal, the proposed amount will be approximately $386,750 annually. The TBID has worked as a mechanism to increase TOT, Transient Parking Tax, and sales tax revenue for the City since 2011, which continues to help support businesses, programs, and services in the City.
CONCLUSION
The TBID has a successful track record of enhanc ing Burbank’s presence as a business and leisure tourist destination. Since 2011, the TBID has maintained the same 1 % assessment rate, utilizing approximately $1.4 million annually to promote Burbank as a top tourist destination through marketing and destination development. With the renewal of a new 10- year term, the assessment rate increase will support marketing and destination development initiatives like monument signage and wayfinding to enhance the visitor experience in Burbank. By approving the Resolution of Intention to Renew the TBID, Council is reinforcing its commitment to enhance and grow the tourism sector in Burbank. The City, hotels, the Hollywood Burbank Airport, Warner Bros. Studio Tour Hollywood, and Universal Studios Hollywood will continue to work together to grow Burbank’s tourism identity into the future . By promoting the City’s hotels and amenities, such as Hollywood Burbank Airport and the DeBell Gol f Course and popular tourist attractions such as the Warner Bros. Studio Tour Hollywood, the TBID is strengthening Burbank’s tourism sector, which contributes significantly to the overall economic vitality of the City.
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6 ATTACHMENT S
Attachment 1 – Resolution of Intention
Attachment 2 – Signed Petitions
Attachment 3 – Management District Plan 2026- 2036
Attachment 4 – Notice of Public Meeting and Public Hearing ATTACHMENT 1 - 6
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ATTACHMENT 3 – 1
NOTICE OF PUBLIC MEETING AND PUBLIC HEARING CONCERNING THE RENEWAL
OF THE BURBANK TOURISM BUSINESS IMPROVEMENT DISTRICT (BTBID) AND
LEVY OF AN ASSESSMENT ON LODGING BUSINESSES WITHIN THE BTBID
NOTICE IS HEREBY GIVEN that on September 9, 2025, the City Council (Council) of the City of Burbank (City) adopted a Resolution of Intention to renew the BTBID and to levy an assessment on lodging businesses within the BTBID as set forth in the Resolution of Intention.
NOTICE IS HEREBY FURTHER GIVEN that at 6:00 PM on October 14, 2025, at the Council Chambers located at 275 East Olive Avenue, Second Floor, Burbank, CA 91502, a public meeting shall be held pursuant to Government Code section 54954.6 to allow public testimony regarding the renewal of the BTBID and the levy of assessments therein as set forth in the Resolution of Intention and pursuant to Government Code section 54954.6.
NOTICE IS HEREBY FURTHER GIVEN that at 6:00 PM on November 18, 2025, at Council Chambers located at 275 East Olive Avenue, Second Floor, Burbank, CA 91502, has been set as the time and place for a public hearing at which time the Council proposes to renew the BTBID and to levy the proposed assessment as set forth in the Resolution of Intention.
Location: The renewed BTBID includes all lodging businesses with 25 rooms or more, existing and in the future, available for public occupancy located within the boundaries of the City.
Services: The BTBID is designed to provide specific benefits directly to payors by increasing awareness and demand for room night sales. Sales & M arketing, Destination Development, and other improvements and activities will increase demand for overnight tourism and market payors as tourist, meeting and event destinations, thereby increasing demand for room night sales. …………
Budget: The total BTBID annual assessment budget for the initial year of its ten (10) year operation is anticipated to be approximately $2,275,000. A similar assessment budget is expected to apply to subsequent years, but this assessment budget is expected to fluctuate as room sales do, as businesses open and close, and if the assessment rate is increased.
Cost: The current annual assessment rate is one percent (1%) of gross short-term room rental revenue. During the current ten (10) year term, the assessment rate may be increased by the Burbank Hospitality
Association’s (BHA’s) Board to a maximum of three percent (3%) of gross short-term room rental revenue.
The renewed annual assessment rate is one and three quarters percent (1.75%) of gross short-term sleeping room rental revenue. During the BTBID term, the assessment rate may be increased by the BHA to a maximum rate of three percent (3%) of gross short - term sleeping room rental revenue for assessed lodging businesses. If the assessment rate is increased, it may subsequently be decreased but shall not be decreased below a minimum of one half of one percent (0.5%) of gross short -term room rental revenue.
Based on the b enefit received, assessments will not be collected on: stays of more than thirty (30) consecutive days; stays by any person as to whom, or any occupancy as to 299
ATTACHMENT 3 – 2
which, it is beyond the power of the City; stays by any Federal or State officer or employee while on official business only and when payment for such occupancy is made directly to the operator by duly authorized voucher payment from a governmental accounting office; and stays by any officer or employee of a foreign government who is exempt by reason of express provision of Federal law or international treaty.
Collection: The City will be responsible for collecting the assessment on a monthly basis (including any delinquencies, interest, and overdue charges) from each assessed lodging business located in the boundaries of the BTBID. The City shall take all reasonable efforts to collect the assessments from each assessed lodging business.
Duration: The renewed BTBID will have a ten (10) year life, beginning July 1, 2026, or as soon as possible thereafter, and ending ten (10) years from its start date. After ten (10) years, the BTBID may be renewed pursuant to the Property and Business Improvement District Law of 1994, Streets and Highways Code section 36600 et seq. if assessed lodging business owners support continuing the BTBID programs.
Management: The BHA shall continue to serve as the BTBID’s Owners’ Association. The Owners’ Association is charged with managing funds and implementing programs and must provide annual reports to the City Council.
Protest: Any owner of a lodging business with 25 rooms or more, within the renewed BTBID that will be subject to the assessment may protest the renewal of the BTBID. If written protests are received from the owners of lodging businesses in the renewed BTBID who represent fifty percent (50%) or more of the estimated annual assessments to be levied, the BTBID shall not be renewed, and the assessment shall not be imposed.
You may mail a written protest to:
Office of the City Clerk
City of Burbank
275 East Olive Avenue, 1
st Floor
Burbank, CA 91502
You may also appear at the public meeting or hearing and submit a written protest at that time.
Information: Should you desire additional information about this proposed BTBID renewal or assessment contact:
Odette Zakarian
Burbank Hospitality Association
PO BOX 349
Burbank, CA 91503
818-238-5179
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Correspondences
Please Note: If Additional
Documents/Correspondences are
submitted for this item, they will be
periodically posted to the City website
for public viewing.
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1 STAFF REPORT
DATE: October 14, 2025
TO: Honorable Mayor and Members of the City Council
FROM: Kimberley Clark, City Clerk
BY: Maria Sanchez, Administrative Analyst I
SUBJECT: Appointment to Fill One Vacancy on the Burbank Housing Corporation Board of Directors for a Full Two-Year Term
RECOMMENDATION
Appoint one member to the Burbank Housing Corporation Board of Directors to fill a full two-year term ending October 31, 2027.
BACKGROUND
All Board, Commission, and Committee (BCC) Members shall be appointed by a three- fifths (3/5) vote of all Council Members and serve without compensation from the City. No person shall serve on more than one BCC at the same time. Vacancies on a BCC occurring during the term of office shall be filled within 90 days from the date the vacancy occurs. Any person appointed to fill a vacancy shall hold office for the remainder of the unexpired term and must complete the term before applying to serve on another board, commission, or committee. In addition, all applicants must reside within the jurisdictional boundaries of the City of Burbank (per Burbank Municipal Code (BMC) §§ 2-1- 404, 2-1- 405, 2-1-406, and 2-1-407).
Once a vacancy is established, the City Clerk advertises the vacancy for 30 days, accepts applications, and provides the applications received to Council for consideration.
Applicants have the option of applying for up to two BCCs, indicating their first and second choice.
The voting process established allows for each Council Member to vote as many times as there are vacancies on the BCC being considered; the applicants receiving a majority CITY CLERK’S
OFFICE
Reports to Council
Item #1
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2 necessary. The process continues for as many rounds as are necessary to attain the correct number of applicants to fill the vacancy(ies).
Burbank Housing Corporation Board of Directors
The Burbank Housing Corporation ( BHC) was established in 1997 to improve and preserve the affordable housing inventory in the City of Burbank and to provide community assistance and services within the Focus Neighborhoods in the City. BHC is a non-profit organization with a Board of Directors (Board) comprised of nine members .
In accordance with its By -laws and Articles of Incorporation, the directors are appointed by different segments representative of the Burbank community: the Chamber of Commerce, Wesley Senior Housing, the City of Burbank, and BHC residents. Three board members are at-large members nominated and appointed by the BHC Board. The City nominates two board members. Members of the Board receive no compensation.
DISCUSSION
On September 2, 2025, the City Clerk's Office began advertising and accepting applications for the vacancy on the BHC Board of Directors for a two- year term. This vacancy is a scheduled vacancy for Board Member Ruth Martinez -Baenen, who serves as one of the two representatives from the City of Burbank and whose term is set to expire on October 31, 2025.
To obtain qualified candidates, a Notice of Vacancy was advertised through the following:
• City website
• City Council meeting announcements
• All social media platforms managed by the City Clerk’s Office • Press releases sent to the Burbank Leader and MyBurbank.com • Notices posted on the City Hall Bulletin Board
• Community groups and organizations
• Constant Contact email notification
The deadline to submit applications to the City Clerk’s Office was Wednesday, October 1, 2025, at 5:00 p.m. The City Clerk’s Office received a total of five applications for the Board: Joseph Arnone, Katherine Laster, Leona Rollins, Danny Alas, and Samuel Kuiumdjian. The applications are listed in the order received.
ENVIRONMENTAL REVIEW
This activity has no potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment and, as such, is not a “project” subject to the requirements of the California Environmental Quality Act (CEQA) 14 Cal. Code Regs § 15378.
of the votes in the first round are either appointed or move into the second round, if 303
3 FISCAL IMPACT
There is no fiscal impact associated with this item.
CONCLUSION
The City and the community both realize substantial benefits from civic involvement.
Appointments to the boards, commissions, and committees help encourage public participation in the governmental process and ensure Burbank residents have a voice.
ATTACHMENTS
Attachment 1 – Applications and Resumes
Attachment 2 – Redevelopment Agency Resolution R-1878
Attachment 3 – Housing Authority Resolution H-209
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Attachment 1
Applications and Resumes
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If you answer yes, explain in detail any potential conflicts in the same manner as required by the Fair Political Practices Commission’s Statement of Economic Interests (Form 700). (If you should have any questions about this matter or need further information as it relates to your situation, please advise the City Clerk prior to submitting your application.) Not Applicable
AB 1234 Training
The Board, Commission or Committee (collectively Board) you are seeking appointment to provides City reimbursement for attending trainings or conferences. Therefore, under State Law all members of the Board must receive at least two hours of ethic’s training, as prescribed by the Fair Political Practices Commission, within one year of appointment and once every two years thereafter.
First Choice
FIRST choice for Board/Commission/Committee appointment:
Burbank Housing Corporation Board of Directors
Describe any qualifications, experience, and education, as well as any technical or professional background you may have relative to the duties of this position.
With over 15 years of progressive leadership in housing policy, municipal planning, community development and civil rights enforcement, I bring extensive experience in designing and implementing strategic housing initiatives that reduce homelessness, expand affordable housing and strengthen community partnerships. As Housing Services Manager for the City of Ventura, I oversee multimillion dollar local, state and federal funding programs, advise City Council on housing and land policy and lead interdepartmental strategies that have successfully reduced homelessness by more than 70% in the past three years. My career also includes directing nonprofit fair housing enforcement programs, managing large-scare emergency rental assistance efforts and advancing civil rights compliance under state and federal law. I hold a Bachelor of Arts in Sociology from California State University, Dominguez Hills and I am currently pursuing a Master of Public Administration at the same institution, expected to be completed in December 2027.
What are your goals in serving on this Board/Commission/Committee? My goal is to apply my leadership experience to support the Burbank Housing Corporation's mission in improving and preserving affordable housing. I plan to accomplish this goal by the following: (1) advancing equitable housing initiatives that address local needs; (2) strengthening collaboration and partnerships between the City, nonprofits, residents and other stakeholders; (3) contributing to data-driven policies that reduce homelessness and expand access to safe and affordable housing; and (4) ensuring decisions align with Burbank's long-term vision for sustainable and inclusive community development.
Second Choice
SECOND choice for Board/Commission/Committee appointment:
Leona A Rollins
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LEONA A. ROLLINS
Greater Los Angeles | |
EXECUTIVE SUMMARY
A dynamic and equity-driven public sector leader with 15 years of progressive experience in housing policy, municipal planning, community development, and civil rights enforcement. With proven ability to develop and implement strategic initiatives, manage complex federal and state programs and lead multidisciplinary teams. A leader who has been recognized for building effective partnerships with elected officials, community organizations, and regional stakeholders. A leader who is passionate about smart growth, inclusive economic development, sustainability, preserving community character and the core values aligning with the vision of the community.
CORE COMPETENCIES
• Affordable Housing and Homelessness Policy
• Community Engagement and Public Speaking
• Data-Informed Decision Making
• Economic Development and Neighborhood Revitalization
• Federal and State Grant Administration
• Interagency and Interdepartmental Coordination
• Policy Design and Regulatory Compliance
• Staff Development and Executive Leadership
• Strategic and Long-Term Planning
• Urban Planning and Smart Growth
PROFESSIONAL EXPERIENCE
City of Ventura – Ventura | Housing Services Manager | Jul. 2022 – Present • Lead the implementation of the City’s multi-year Housing Element and drive interdepartmental strategies that prioritizes affordable housing, homelessness services, and community development.
• Administer and oversee federal funding programs including Community Development Block Grant (CDBG) and HOME Investment Partnership (HOME) programs, ensuring community alignment and compliance.
• Serve as lead advisor and subject matter expert to City Council and City leadership on housing policy, homelessness trends, and land use planning initiatives.
• Lead a citywide strategy that reduced homelessness in the City by 32% over three years by expanding emergency and interim shelter capacity, increasing 316
2 homelessness prevention funding, and prioritizing investments in affordable and permanent supportive housing.
• Collaborated with regional agencies, service providers, and developers to align funding, land use, and wrap-around services under a unified housing-first approach.
• Successfully leveraged state and federal resources to increase local capacity and accelerate housing placements for individuals and families experiencing homelessness.
• Spearheaded the acquisition and redevelopment of a 142-room motel into 134 units of permanent supportive housing through Project Homekey, leveraging HOME-American Rescue Plan (HOME-ARP) and Permanent Local Housing Allocation (PLHA) funds.
• Conduct ongoing outreach and coordination with County departments, housing authorities, nonprofits, and resident groups to build consensus and solve complex development challenges.
Housing Rights Center – Los Angeles | Program Director | Feb. 2021 – Jul. 2022 • Directed state fair housing enforcement initiatives under contract with the California Civil Rights Department, implementing statewide testing programs to ensure civil rights compliance.
• Delivered data-driven reporting and strategic recommendations to local governments and regional agencies.
Housing Rights Center – Los Angeles | Program Manager | May 2020 – Jan. 2021 • Oversaw a $100 million Emergency Renters Assistance Program (ERAP) in partnership with the City of Los Angeles, providing rental support to more than 50,000 individuals and families during the COVID-19 pandemic. • Built systems for equitable distribution of funds and ensured rapid, accountable implementation across partners.
Housing Rights Center – Los Angeles | Director of Investigations | Oct. 2019 – Jul. 2022 • Supervised staff handling 3000+ housing discrimination complaints annually under the American Disability Act (ADA), Fair Housing Act (FHA), California Fair Employment and Housing Act (FEHA) and other local civil rights laws. • Introduced reforms that increased case resolution efficiency and strengthened legal enforcement outcomes.
Housing Rights Center – Los Angeles | Director of Counseling | May 2015 – Sept. 2019 • Managed counseling and outreach services across 30 cities in Los Angeles and Ventura Counties.
• Conducted educational workshops and presentations for City departments, elected bodies, and housing providers on rights, responsibilities, and anti- discrimination policies.
Housing Rights Center – Los Angeles | Case Analyst | Aug. 2010 – May 2015 317
3 • Investigated housing discrimination complaints and facilitated mediation or litigation support in coordination with legal partners and local agencies.
EDUCATION
California State University, Dominguez Hills | Bachelor of Arts in Sociology Concentration: Ethnic and Racial Disparities and Social Injustices
TECHNICAL AND SYSTEM PROFICIENCIES
• Adobe Acrobat
• Budgeting Tools
• Case Management System
• Data Reporting Platforms
• Microsoft Office Suite
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Upload a Resume
Education
I completed coursework in Business and Information Technology at Los Angeles Valley College and earned my high school diploma from Verdugo Hills High School. My professional development has included extensive training in Microsoft 365 and Azure administration, along with hands-on certifications in cybersecurity and data protection using platforms such as SentinelOne, CrowdStrike, and ESET. In my career, I served as IT Director overseeing both property management operations and the construction of mid-rise multifamily apartment buildings, many of which included dedicated units for low-income housing. I remain committed to ongoing professional growth in leadership, housing technology, and community engagement to ensure my skills continue to benefit the community.
Additional Pertinent Courses or Training
Other Pertinent Skills, Experience or Interests
In addition to my background in IT and property management, I bring extensive experience in project leadership, vendor management, and community-focused technology planning. I have led teams through critical initiatives such as ransomware recovery, large-scale system migrations, and cybersecurity improvements, always with an emphasis on trust, transparency, and collaboration. My work in property management and construction has given me first-hand understanding of how affordable housing developments are designed, operated, and supported, and how technology can play a role in keeping them secure, efficient, and accessible. I also have a strong interest in community engagement and enjoy partnering with local organizations to strengthen neighborhoods and create opportunities for families.
Community Involvement
Specify current or prior service on a City Board, Commission or Committee:
I have not previously served on a City Board, Commission or Committee List Community activities in which you are involved:
I am an avid member of the Burbank Chamber of Commerce
If you are related to any City of Burbank employee(s), please state their name(s), relationship(s), and department(s). If you are not related to a City of Burbank employee, please put N/A.
N/A
Conflict of Interest
Conflict of Interest:
Danny J Alas
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Danny Alas
Greater Los Angeles Area -
PROFESIONAL EXPERIENCE
Lyon Living, Newport Beach, CA 2021 - Present
Director, IT (2023-2024)
• Managed a $2M IT Budget across a portfolio of 35 Multi-Family properties, 3 luxury hotels, 2 single family developments, and a 5000 acre country club.
• Managed a team of 3 technicians supporting 550 users. • Rebuilt Cyber Security stature after recovering from a Ransomware attack. • Build and maintained SOP, DR, IR, and BC plans.
• Implemented Cyber Security best practices while rebuilding the IT department after separating from an MSP.
• Cut operational budget by 150K, while increasing our network uptime to 99.98% (Operational hours are only 8AM-6PM)
• Planned, prioritized, and steered 20+ projects with complete transparency to stakeholders.
Network Engineer (2021-2023)
• Standardized network configurations and implemented vlan and subnet segmentation for increased security.
• Deployed managed public wifi for community spaces
• Replaced all aging switches and firewalls with new NGFW technology • Charged with building, configuring, installing, managing, and monitoring networking and IP telephony infrastructure-related hardware and software
Turner Techtronics Inc., Burbank, CA 2018-2021
Executive Support/NOC Lead/Projects Lead (2018-2021)
• (Warner Bros Contract) Co-Managed IT support for Executive building and Global Marketing Building.
Assisting C-Level and high ranking employees on-site with all levels of IT support. • (20th Century FOX Contract) NOC Lead of the overnight shift. Managed a team of 8 NOC Agents. Oversaw uptime and first response of all network outages across the global FOX operations. • (Disney Contract) NOC Lead/Project Deployment Lead, Converted ol d FOX Offices to be used as new Disney offices. Trained and performed knowledge transfer of all FOX networking locations to new Disney DTOC.
Geek Squad, Burbank, CA 2016-2019
Advanced Repair Agent (2016-2019)
• Performed triage and break/fix repairs in a customer service focused environment that prioritized efficiency.
• Lowered Ticket Completion time from 5+ Days to 2 Days.
Skills
• Cisco
• Microsoft
• LAN/WAN
• TCP/IP Networking
• Aruba
• SonicWall
• Active Directory
• Windows Server
• Ubiquiti
• Leadership
• VMWare vSphere
• FortiGate
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AB 1234 Training
The Board, Commission or Committee (collectively Board) you are seeking appointment to provides City reimbursement for attending trainings or conferences. Therefore, under State Law all members of the Board must receive at least two hours of ethic’s training, as prescribed by the Fair Political Practices Commission, within one year of appointment and once every two years thereafter.
First Choice
FIRST choice for Board/Commission/Committee appointment:
Board member - Burbank Housing Corporation
Describe any qualifications, experience, and education, as well as any technical or professional background you may have relative to the duties of this position.
I have a background in real estate and affordable housing, with recent experience in acquisitions, financing, and asset management of affordable housing properties. My skills include financial analysis, budgeting, and long-term planning. I hold a B.S. in Business Administration from The University of Southern California and have completed training in real estate investment and housing compliance. Born and raised in Burbank, I bring both local perspective and professional expertise to this role.
What are your goals in serving on this Board/Commission/Committee? My goal is to support the Burbank Housing Corporation in preserving and expanding affordable housing so that longtime residents, working families, and future generations can continue to call Burbank home. I also want to contribute my real estate and financial experience to help guide responsible decision-making and ensure the long-term stability of the organization.
Second Choice
SECOND choice for Board/Commission/Committee appointment:
Describe any qualifications, experience, and education, as well as any technical or professional background you may have relative to the duties of this position
What are your goals in serving on this Board/Commission/Committee? Supplemental Questions
Samuel Kuiumdjian
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SAM KUIUMDJIAN
PROFESSIONAL SUMMARY
Acquisitions executive with over a decade of experience leading $1.3B+ in multifamily and affordable housing transactions across 10 states. Proven track record in sourcing, underwriting, and closing LIHTC, Section 8, and middle-income bond deals, with deep expertise in financial analysis, risk management, and portfolio growth. Experienced leader managing analyst teams, associates, and cross-functional executives to drive strategic acquisitions, refinancings, and dispositions.
PROFESSIONAL EXPERIENCE
BLDG Partners — Los Angeles, CA
Vice President of Acquisitions Dec 2021 – Present • Expanded company portfolio from 1,851 to 4,957 units through $748M in affordable housing acquisitions across 7 states by originating and closing both off-market and marketed opportunities via strategic broker and lender relationships. • Designed and implemented process improvements that reduced property transition timelines by 15%, including active post-closing involvement to ensure seamless handoff to asset management and successful execution of business plans. • Directed due diligence, financial analysis, property condition assessments, and risk mitigation while managing analysts, associates, and 3rd-party executives to drive successful deal execution and portfolio growth.
• Oversaw lender reporting for challenged bridge and balance sheet debt, redirecting property performance to enable profitable refinance or exit solutions. • Led analysis and completion of capital call requests for two assets, securing investor funding to support property stabilization.
• Managed property dispositions, loan refinances, and insurance procurement/renewal, consistently securing cost-effective outcomes.
M West Holdings — Los Angeles, CA
Acquisitions Associate Aug 2015 – Dec 2021
• Executed $578M in multifamily acquisitions, adding 1,800 units across California and Oregon from underwriting through closing.
• Partnered with the Head of Asset Management to oversee a 2.3M SF portfolio of 1,900+ units and 100+ commercial tenants across California, New York, Florida, and Texas, making strategic decisions to optimize performance and asset value. • Spearheaded financing for 35 transactions, securing more than $750M in debt through agency, bridge, and CMBS lenders.
• Collaborated with asset management, property management, and finance teams to deliver detailed investor and lender reporting, including variance analysis, capital expenditure tracking, and annual portfolio performance reviews.
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SAM KUIUMDJIAN
Compass Acquisition Partners — Los Angeles, CA
Analyst, Intern Apr 2015 – Jul 2015
• Analyzed a 2,500+ unit portfolio to identify income growth opportunities through review of income statements, budgets, rent rolls, and market performance. • Underwrote multifamily acquisitions and contributed pricing recommendations, supporting successful closings.
• Participated in due diligence for a 145-unit acquisition, including property inspections and lease audits.
Rosano Partners — Los Angeles, CA
Research Analyst / Marketing Coordinator Sep 2013 – Apr 2015 • Built Excel underwriting templates that streamlined analysis for new listings across corporate offices.
• Led corporate rebranding by redesigning marketing materials to strengthen brand identity. • Researched U.S. Census and CoStar data to deliver market insights for client presentations.
MJW Investments — Los Angeles, CA
Asset Management & Acquisitions Analyst, Intern Jan 2013 – Aug 2013 • Supported $50M in multifamily acquisitions through market research, underwriting, and broker relationships.
• Identified hundreds of potential university housing acquisitions to expand the firm’s $350M student housing portfolio.
EDUCATION & AFFILIATIONS
University of Southern California, Los Angeles, CA 2015 B.S. in Policy, Planning, and Development — Real Estate Development Minor: Real Estate Finance
USC Marshall Real Estate Finance Association 2014 – 2015 USC Trojan Real Estate Association 2012 – 2014
USC Armenian Student Association Executive Board 2012 – 2015
TECHNICAL SKILLS
Core Competencies: Financial Modeling & Analysis, Deal Structuring, Portfolio Strategy, Team Leadership
Tools: Excel (Advanced), Yardi, Adobe Creative Suite
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Attachment 2
Redevelopment Agency
Resolution No. R-1878
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331
332
Attachment 3
Housing Authority
Resolution No. H-209
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334
335
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1 STAFF REPORT
DATE: October 14, 2025
TO: Justin Hess, City Manager
FROM: Patrick Prescott, Community Development Director
Danny Alvarez, Fire Chief
VIA: Mario Osuna, Assistant Community Development Director James Moye, Fire Battalion Chief
BY: Russell Freesland, Plan Check Manager
SUBJECT: Introduction of an Ordinance to Adopt b y Reference the 202 5 California Building Standards Codes , California Wildland- Urban Interface, City of Burbank Local Amendments, and the 2024 International Property Maintenance Code, and any Amendments thereto, and Adoption of a Resolution Making Express Findings and Determinations that Modifications to the 2025 California Building Standards Code are Reasonably Necessary Due to Local Climatic, Geological, Topographical, or Environmental Conditions
RECOMMENDATION
1. Introduce AN ORDINANCE OF THE COUNCIL OF THE CITY OF BURBANK ADOPTING BY REFERENCE THE 2025 CALIFORNIA BUILDING STANDARDS
CODE, CALIFORNIA WILDLAND-URBAN INTERFACE, CITY OF BURBANK LOCAL AMENDMENTS, AND THE 2024 INTERNATIONAL PROPERTY MAINTENANCE
CODE, TOGETHER WITH CERTAIN AMENDMENTS, ADDITIONS AND
DELETIONS THERETO, AND AMENDING PORTIONS OF TITLE 9 OF THE BURBANK MUNICIPAL CODE (Attachment 1).
2. Adopt A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK MAKING
EXPRESS FINDINGS AND DETERMINATIONS THAT MODIFICATIONS TO THE 2025 CALIFORNIA BUILDING STANDARDS CODE ARE REASONABLY
NECESSARY BECAUSE OF LOCAL CLIMATIC, GEOLOGICAL,
TOPOGRAPHICAL, OR ENVIRONMENTAL CONDITIONS (Attachment 2).
COMMUNITY
DEVELOPMENT
Reports to Council
Item #2
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2 BACKGROUND
Every three years the State of California publishes a revised California Building Standards Code (CBSC) in Title 24 of the California Code of Regulations pursuant to California Health and Safety Code § 17922. These revisions are intended to improve life safety standards developed during the previous three years. The Community Development Department’s Building and Safety Division and the Fire Department review ed the proposed CBSC revisions to determine if they should be adopted in whole, or amended, as applicable to the current local climatic, geological, topographical, or environmental conditions within Burbank.
T
he CBSC includes 12 parts. The main parts are the California Building Code (CBC) in Part 2 and the California Fire Code (CFC) in Part 9. Accompanying the Fire Code is a map that designates the Fire Hazard Severity Zones in the Local Responsibility Area of the City of Burbank, which was adopted by City Council on June 03, 2025.
T
he 2025 CBSC goes into effect statewide on January 1, 2026. Cities are required to adopt the CBSC by reference by that date and may adopt local amendments that are reasonably necessary because of local climatic, geological, topographical, or environmental conditions. All new plan check and building permit applications submitted after January 1, 2026, must comply with the new construction standards in the CBSC. In addition to the CBSC, the City adopts the 2024 International Property Maintenance Code (IPMC) as the foundation for its Code Compliance program. The IPMC contains minimum maintenance standards for basic equipment, light, ventilation, heating, sanitation, and fire safety. Lack of compliance with the IPMC is grounds for violation of the Burbank Municipal Code (BMC).
DISCUSSION
While State law mandates enforcement of Title 24, local jurisdictions are authorized to adopt more restrictive requirements, provided they make express findings and determinations demonstrating such changes are reasonably necessary due to local climatic, geological, topographical, or environmental conditions. The City’s local amendments are referenced in Title 9 of the BMC. A matrix of the City’s findings justifying the local amendments is included with the Resolution (Attachment 2).
F
or the 2025 code adoption cycle, the scope of local amendments will be more limited than in previous years due to r ecent amendments to Health and Safety Code § 17958 and 17958.5, enacted through AB 130, that limit local jurisdictions’ ability to modify state building standards, particularly those applicable to residential construction. AB 130 imposes a temporary restriction period from October 1, 2025, to June 1, 2031, on local amendments. D uring this period, jurisdictions may only adopt or modify residential standards if certain narrow exceptions are met, such as continuation of pre- existing amendments, emergency safety measures related to wildfire safety/ home-hardening 338
3 provisions, or administrative process improvements. These changes signal the State’s intent to streamline residential development standards and reduce regulatory variation across jurisdictions, particularly in support of housing production goals. As such, the City’s proposed local amendments for this code cycle have been carefully reviewed to ensure consistency with the new legal limitations and to preserve only those amendments that have been vetted in previous code adoption cycles.
Significant State-Level Updates
In response to the intensifying frequency and severity of wildfires across California, specifically in areas where development meets wildland vegetation, the S tate has taken further steps to strengthen fire safety regulations. A significant change in the 2025 CBSC is the addition of the California Wildland- Urban Interface (WUI) Code as Part 7. This addition reflects a stronger recognition of the growing wildfire threat and the need for comprehensive and enforceable strategies to mitigate risk in vulnerable areas. T he inclusion of this code exemplifies the importance of proactive planning, site design, and construction practices that improve community resilience in the face of wildfire events.
A
s part of recent updates to the Fire Hazard Severity Zone (FHSZ) mapping conducted by Cal Fire, the City of Burbank's designated fire zones have been reclassified into three severity levels: Moderate, High, and Very High. This updated mapping reflects a r efined understanding of wildfire risk based on topography, vegetation, weather patterns, and historical fire data. Importantly, under the 2025 code cycle, all Wildland- Urban Interface (WUI) Code requirements will apply uniformly across all three severity zones, not just the Very High zones as in prior years. This change effectively extends the area subject to WUI building standards in the hillside further south from Kenneth Road and in the Media District north of the 134 Freeway, significantly increasing the number of properties protected by enhanced fire safety regulations. These requirements include defensible space provisions, fire-resistant building materials, and site access standards designed to mitigate wildfire ris ks and improve community resilience. The expanded applicability of the WUI Code ensures a more comprehensive and proactive approach to fire protection in Burbank’s vulnerable interface areas.
A
dditional changes from the Building Code are included in the Significant Changes (Attachment 4).
Proposed Local Amendments
As part of this adoption cycle, staff is proposing to re- adopt existing, previously vetted local amendments that are currently in effect and have been consistently upheld in prior code cycles . Furthermore, staff is proposing administrative updat es of code section references and remo ving amendments that are no longer applicable. Lastly staff is proposing amendments to important requirements in the area of brush clearance in the Wildland-Urban Interface regions of Burbank. Burbank’s existing amendments have 339
4 undergone thorough technical and legal review and remain relevant to the City's specific local conditions. Notably, the proposal includes the continued adoption of seismic safety provisions recommended by the Los Angeles Basin Chapter of the International Code Council (ICC). These amendments are designed to address the unique seismic risks present throughout the Southern California region and are widely recognized as best practices among jurisdictions within the Los Angeles Basin. Their continued implementation ensures that local building standards reflect the most current understanding of regional seismic vulnerabilities while maintaining consistency with standards already in place. Re- adopting these established provisions supports both public safety and regulatory continuity.
B
urbank Fire Department is proposing a local amendment that prohibits the use of metal cutting blades that produce sparks for brush clearance operations within the Fire Hazard Severity Zones. The amendment mandates the use of non- ferrous, non-sparking blades to reduce the risk of wildfire ignition and establishes specific fire safety protocols during brush work. These include restrictions on operations during Red Flag conditions, requirements for immediate fire suppression tools to be available on -site, such as a fire- extinguisher or pressurized hose within 10 feet, emergency communication capability via a charged cell phone capable of dialing 911, and trained personnel presence. Violations are subject to escalating penalties, including fines. This proposed code amendment adopts these safety standards to enhance wildfire prevention measures locally.
ENVIRONMENTAL REVIEW
The code adoption is determined to be categorically exempt under § 15061(b)(3) of the California Environmental Quality Act (CEQA) Guidelines in that it can be seen with certainty that there is no possibility the proposed project would have a significant effect on the environment.
BOARD OF BUILDING AND FIRE CODE APPEALS
Staff introduced the 2025 code adoption to the Board of Building and Fire Code Appeals at the meeting on September 11, 2025. The Board of Building and Fire Code Appeals recommended adoption of the CBSC, California WUI, the 202 4 International Property Maintenance Code, and the City’s local amendments to such codes.
FISCAL IMPACT
There is no fiscal impact associated with this report.
CONCLUSION
Based upon requirements of State law, staff recommends adoption of the proposed resolution and introduction of the ordinance. Should Council not take any action, the State code still goes into effect as published on January 0 1, 2026, but it would lack the City’s 340
5 local amendments and references in the Burbank Municipal Code that were previously in effect, which enhance local building, fire safety, and occupancy.
ATTACHMENTS
Attachment 1 – Ordinance
Attachment 2 – Resolution
Attachment 3 – Resolution, Exhibit A
Attachment 4 – Significant Changes
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ATTACHMENT 1
ATTACHMENT 1 - 1
ORDINANCE NO. _____
AN ORDINANCE OF THE COUNCIL OF THE CITY OF
BURBANK ADOPTING BY REFERENCE THE 2025
CALIFORNIA BUILDING STANDARDS CODE, CALIFORNIA
WILDLAND-URBAN INTERF ACE, CITY OF BURBANK
LOCAL AMENDMENTS, AND THE 202 4 INTERNATIONAL
PROPERTY MAINTENANCE CODE, TOGETHER WITH
CERTAIN AMENDMENTS, ADDITIONS AND DELETIONS
THERETO, AND AMENDING PORTIONS OF TITLE 9 OF
THE BURBANK MUNICIPAL CODE
City Attorney’s Synopsis
This Ordinance amends portions of Title 9, Chapters 1 and 2, of the Burbank Municipal Code to adopt by reference the 202 5 California Building Standards Code and other related codes, all of which are mentioned in the title. The Ordinance further sets forth local amendments to certain statewide building standards. Through the adoption of Resolution No. ____, the Council made express findings and determinations that certain amendments to those statewide standards are reasonably necessary due to local climatic, geological, topographical, or environmental conditions. Additional modifications provide for certain administrative amendments. This Ordinance has been found to be exempt under Section 15061(b)(3) of the California Environmental Quality Act Guidelines in that it can be seen with certainty that ther e is no possibility the proposed ordinance would have a significant effect on the environment.
THE COUNCIL OF THE CITY OF BURBANK FINDS AS FOLLOWS:
A. The California Building Standards Code is updated by the California Building Standards Commission approximately every three years based upon published model codes specified in the California Health and Safety Code.
B. The California Building Standards Commission published the 2025 California Building Standards Code on July 1, 202 5, and it will go into effect January 1, 2026.
C. California Health and Safety Code sections 17922 and 17958 require local entities to adopt by reference the California Building Standards Code as set forth in Title 24 of the California Code of Regulations.
D. Pursuant to Health and Safety Code sections 17958 and 17958.5, cities and counties will automatically be subject to the California Building Standards Code unless they adopt amendments to it and make specific findings that such amendments are reasonably necessary because of climatic, geologic, topographical , or environmental conditions in their local areas.
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E. The City has previously adopted by reference portions of prior editions of the California Building Standards Code and International Property Maintenance Code, with local amendments, additions, and deletions thereto. The City desires to reaffirm, as provided in Title 9 of the Burbank Municipal Code, that it has adopted by reference the most current versions of the California Building Standards Code and International Property Maintenance Code and is not subject to the provisions of t he 2025 California Building Standards Code where such provisions are modified specifically to address local conditions in the City of Burbank.
THE COUNCIL OF THE CITY OF BURBANK DOES ORDAIN AS FOLLOWS:
Section 1. Incorporation of Findings. The City Council of the City of Burbank hereby finds that the above findings are true and correct and are hereby incorporated by reference.
Section 2. Amendment to B.M.C. Title 9, Chapter 1. Chapter 1 (Building) of Title 9 (Building Regulations) of the Burbank Municipal Code is hereby repealed, provided however that such repeal shall not affect or excuse any violations of said Chapter occurring prior to the effective date of this Ordinance. A new Chapter 1 of Title 9 of the Burbank Municipal Code is hereby added to read as follows:
“CHAPTER 1. BUILDING AND FIRE”
Article 1. BUILDING ADMINISTRATIVE STANDARDS
DIVISION 1. CITY OF BURBANK ADMINISTRATIVE STANDARDS
9-1-1-101: GENERAL
The provisions of this Article, including Division 1 (City of Burbank Administrative Code) and Division 2 (California Administrative Code), shall apply to all Articles within Chapter 1, Title 9 of the Burbank Municipal Code.
A. Title: This Chapter shall be known as the “City of Burbank Building Code.” In this Chapter where the phrase "Building Code" or “CBC” appears, such phrase shall be construed to refer to the most recent edition of the California Building Standards Code, which includes the California Administrative Code, California Building Code, California Residential Code, California Electrical Code, California Mechanical Code, California Plumbing Code, California Energy Code, California Wildland-Urban Interface Code, California Historical Building Code, California Fire Code, California Existing Building Code, California Green Building Standards Code, and California Referenced Standards Code, as more fully described in and adopted in this Chapter.
B. Scope: This Article shall serve as the administrative, organizational and enforcement rules and regulations for the technical codes and other building, property, health and safety regulations within this title which regulates site preparation, construction, alteration, relocation, enlargement, replacement, repair, equipment, use and 343
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occupancy, location, maintenance, grading, removal and demolition of buildings or structures or any appurtenances connected or attached to such buildings and structures. This article shall be referred to as the "City of Burbank Building Administrative Sta ndards” or the "Building Administrative Code".
Except as changed or modified in this Chapter , the building standards which are published in the California Building Standards Code are applicable to all occupancies and uses within the City. Amendments to t he building standards contained in the codes published by the model code organizations (ICC, IAPMO, and NFPA) by California state agencies, are applicable only to those occupancies or uses which the state agency making the amendment is authorized to regulate.
C. Intent: The purpose of this Chapter is to provide minimum standards to safeguard the public health, safety, and general welfare through structural strength, means of egress facilities, stability, sanitation, adequate light and ventilation, energy conservation, accessibility, sustainability, resiliency, and safety to life and property from fire and other hazards attributed to the built environment and to provide safety to firefighters and emergency responders during emergency operations.
Certain changes and modifications have been made during the City’s adoption of the California Building Standards Code because of specific local conditions. T he provisions of this Chapter are intended to confer a benefit on the community as a whole and are not intended to establish a duty -of-care toward any particular person.
This Chapter shall not be construed to hold the City of Burbank or any officer, employee or agent thereof responsible for any damage to persons or property by reason of any inspection authorized her ein or by reason of the issuance or non- issuance of any permit authorized herein, and/or for any action or omission in connection with the application and/or enforcement of this Chapter . By adopting the provisions of this Chapter, the City does not intend to impose on itself, its employees or agents any mandatory duties -of-care toward persons and property within its jurisdiction so as to provide a basis of civil liability for damages.
This section is declaratory of existing law a nd is not to be construed as suggesting that such was not the purpose and intent of previous code adoptions.
D. Numbering. In order to provide consistency between this Chapter and the provisions of the California Building Standards Code, the section, subsection, and paragraph numbers or designations of the California Building Standards Code and its parts shall be retained in this Chapter to the extent applicable, and shall be preceded by a prefix referring to Title 9, Chapter 1, and the relevant Article number of the Burbank Municipal Code, followed by the Part number of the California Building Standards Code.
E. Inspection: Copies of codes adopted by reference throughout this Chapter are on file in the office of the Building and Safety Division and are available for public inspection. 344
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9-1-1-102: DEFINITIONS.
For the purpose of this code, certain terms, phrases, words and their derivatives shall be construed as specified in this section.
Where terms are not defined, they shall have their ordinarily accepted meanings within the context with which they are used. Words used in the singular include the plural and the plural the singular. Words used in the masculine gender include the feminine and the feminine the masculine.
BUILDING OFFICIAL : The officer or other designated authority charged with the administration and enforcement of this code, or a duly authorized representative. “Building Official” shall be synonymous with the term “Assistant Community Development Director/Building Official” or “Building Director” of the City.
BUILDING SERVICE EQUIPMENT: Refers to plumbing, mechanical, electrical and elevator equipment, devices and installations including, but not limited to, piping, conduits, raceways, conductors, and fixtures which provide sanitation, lighting, heating, ventilation, cooling, refrigeration, firefighting and transportation facilities essential to the occupancy of the building or structure for its designated use. This term shall include "system service equipment".
FIRE OFFICIAL: The officer of other designated authority charged with the administration and enforcement of the Fire Code, or a regularly authorized deputy. Used herein, the term Fire Chief, or his or her designee, shall be construed to mean the fire offic ial. Whenever the term or title "fire official" or other similar designation is used herein, it shall be construed to mean the fire official designated by the Council of the City of Burbank , as applicable in enforcing the administrative code as it pertains to the California Fire Code.
JURISDICTION: As used in this code, is the City of Burbank, California.
RESPONSIBLE PERSON: Includes all persons, whether as owners, lessees, occupants or others, who allow, cause, create, maintain, suffer, or permit a violation of the Burbank Municipal C ode to exist or continue, by any act or the omission of any act or duty.
SUCCESSFUL INSPECTION: A required inspection (as set forth in Section 9-1-1-110 of this Chapter) in which work inspected was determined by the Building Official or designee thereof t o meet all applicable minimum code requirements and the inspection was approved and documented as successful by the Building and Safety D ivision.
TECHNICAL CODES: Refer to those codes adopted by the City of Burbank containing the provisions for design, construction, alteration, addition, repair, removal, demolition, use, location, occupancy and maintenance of buildings and structures and building service equipment as herein defined.
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VALUATION OR VALUE: As applied to improvements a building and its building service equipment, shall be the estimated cost to replace the building and its building service equipment in kind, based on current replacement costs. Valuation or value, as applied to building permit fees, shall mean the estimated fair market value of the cost of all construction work for which the permit is issued as determined by the Building Official. To determine the valuation, the Building Official may use the most current building valuation table published by the International Code Council, the mean of three (3) responsible bids from properly licensed contractors or any other commonly accepted method to estimate construction costs. Soft cost including design services shall not be incorporated unless a design-build project approach is used.
9-1-1-103: ORGANIZATION AND ENFORCEMENT
A. The Building and Safety Division is hereby established in the City of Burbank as the building, code enforcement, and licensing division under the administrative and operational control of the Building Official.
B. Building Official: Whenever the term or title "building administration manager”, “code enforcement manager”, “building inspection manager”, “plan check manager”, "responsible official", or other similar designation is used herein or in any of the technical codes, it shall be construed to mean the Building Official designated by the Community Development Director.
C. Fire Official: Whenever the term or title "Building Official" or other similar designation is used herein, it shall be construed to mean the Fire Official as applicable in enforcing the California Fire Code and local amendments thereto.
9-1-1-104: DUTIES AND POWERS OF THE BUILDING OFFICIAL
The building official shall have the following powers and duties, in addition to those powers and duties outlined in the CBC:
A. Emergency Powers:
1. Where the Building Official determines that an imminent life safety hazard exists in a building or with regard to a structure or premises, that requires immediate containment, correction or elimination, or other actions to protect public health and welfare, the Building Official or his/her designee may exercise any or all of the following powers in accordance with the provisions of the Burbank Municipal Code and applicable statues, codes and laws.
a. Order the immediate vacation of all persons and prohibit the occupancy, reentry, or use of the premises until the hazard has been fully abated and all repairs and other corrective actions have been completed with all required permits and inspection approvals.
b. Post the premises as unsafe, substandard or dangerous, and regulate or condition entries thereon by all persons until an order to vacate and/or an order to not enter is rescinded in writing.
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c. Order or conduct the boarding, fencing or securing of the building, structure, or the premises.
d. Order or conduct the razing and grading of any portion of the building, structure, or site that involves the imminent life safety hazard to prevent further collapse in order to protect public health, safety and welfare.
e. Order or make emergency repairs or undertake other actions as necessary to eliminate, correct, or contain any imminent life safety hazard. f. Cause any water, electrical, gas, mechanical, plumbing, or other system connections or installations that are, or could possibly be, affected by the hazard, or that could contribute to the hazard, to be disconnected or otherwise rendered inoperative.
g. Take any other action as appropriate under the circumstances.
2. The Building Official or his/her designee shall comply with the following provisions when exercising emergency powers:
a. In determining the existence of an imminent life safety hazard, the Building Official or his/her designee shall conduct a personal inspection of the hazard and issue a brief written report identifying the nature, scope and condition of the hazard.
b. The Building Official or his/her designee shall give notice, setting forth the imminent life safety hazard found, to the owner, occupant, other responsible person or authorized representative of the building, structure or site upon which the hazardous c ondition exists. If the Building Official or his designee determines that, under the circumstances, notice cannot first be given or it is impractical to do so because of the nature of the hazard, emergency powers may be exercised without prior notice.
c. The nature and scope of emergency powers to contain, eliminate, or correct the imminent life safety hazard level, or to protect public health, safety and welfare shall be determined by the Building Official or his designee.
3. The Building Official or his /her designee may, notwithstanding the exercise of any emergency powers, alternatively or concurrently exercise any remedy to address violations of this title.
4. In a ny undertaking by the City to address or abate an emergency situation or imminent life safety hazard where the City expends funds in the undertaking of such abatement, the owner of a building, structure or property shall pay for the costs associated with the abatement.
5. Appeal from the Exercise o f Emergency Powers: An owner or occupant of a premises that is subject to the Building Official’s actions under this section may appeal the Building Official's exercise of emergency powers or payment of abatement fees in accordance with the procedures set forth in Section 9- 1-1-113 in the Burbank Municipal Code. A timely appeal shall not stay the effectiveness of an issued order to vacate and/or an order to not enter. 347
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6. Violation: It shall be unlawful and a violation of this code for any person to fail to comply with an order to vacate and/or an order to not enter issued under this section.
9-1-1-105: PERMITS.
In addition to the provisions of Section 105 of Part 2 of the California Building Standards Code, the following provisions shall apply to work conducted pursuant to this Chapter.
A. Sandblasting: No person shall engage in any sandblasting on the inside or outside of any building or structure within the City without first making application, paying fees, and obtaining a permit from the Building Official. The sandblasting operation shal l at all times be protected and separated from any adjoining property by canvas or other suitable barriers sufficient to prevent splashing or blowing of water or sand, or both.
Failure to comply with any provision of this code shall be cause for the immedi ate revocation of any permit and the immediate stoppage of the sandblasting on any job.
1. D ry S andblasting. Dry sandblasting is prohibited unless authorized by special permission of the Building Official endorsed upon the permit. Permission for dry sandblasting shall be granted only when it is not possible to employ wet sandblasting. When dry sandblasting is permitted, the Building Official may impose such conditions as he may deem necessary for the protection of the public and adjacent property.
2. U se of Canvas. Sandblasting operations shall at all times be separated from adjacent property by canvas or other suitable barrier to prevent the splashing or blowing of water or sand thereupon.
3. Stoppage of Work. The Building Official may order the immediate stoppage of sandblasting for failure to comply with any provision of this article. Disobedience of such order shall constitute a misdemeanor.
4. P ollution and Discharge Runoff. Sandblasting operations shall comply with the requirements of Title 9
, Chapter 3, Article 4, Standard Urban Storm Water and
Urban Runoff Management Programs, of this code.
B. Minor Repairs: Application or notice to the Building Official is not required for minor repairs, such as to structures, replacement of lamps or the connection of approved portable electrical equipment to approved permanently installed receptacles. Such repairs shall not include the cutting away of any wall, partition or portion thereof, the removal or cutting of any structural beam or load bearing support, or the removal, obstruction or change of any required means of egress, or rearrangement of parts of a structure affecting the egress requirements; nor shall minor repairs include addition to, alteration of, replacement or relocation of any standpipe, water supply, sewer, drainage, drain leader, gas, soil, waste, vent or similar piping, electric wiring or mechanical or other work affecting public health or general safety.
C. Demolition of Buildings and Structures: It shall be unlawful for any person to demolish any building or structure, or portion thereof, within the City without first obtaining a 348
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permit from the Building Official. The amount of the fee for the permit shall be established by City fee resolution.
1. The permittee shall comply with the following requirements before a permit to perform demolition may be issued under this section:
a. A construction fence shall be installed to screen the site from view on public property, if required by the Building Official. The composition, location and effectiveness of the proposed fence for screening purposes shall meet the approval of Building Official, which shall be confirmed in writing. b. Water service shall be maintained on the site for the duration of the demolition project and for any subsequent development or improvements on the subject property.
c. When required by other provisions of this code, bonds and insurance shall be posted with the City.
d. All utility companies shall be notified in writing by the owner of the property of the intention to demolish the building or structure.
e. A permit shall be obtained to remove and fill any basement, pool, sump, or other depression in the surface of the lot or parcel of land. f. A permit shall be obtained to cap the sewer and any drains connecting to the building or structure. The sewer and drains shall be capped at the property line unless otherwise approved by the Building Official in writing. The sewer caps shall be inspected and approved by the Building Official. g. The building shall be inspected by qualified individuals for the presence of asbestos or other hazardous materials. If the building is found to contain asbestos or hazardous materials, the building owner or his representative shall submit a letter to the B uilding Official so stating. If the building is found to contain asbestos, then an asbestos abatement permit shall be obtained from the department upon submittal by the applicant of all necessary documentation as required by Rule 1403 of the South Coast Air Quality Management District.
Demolition permits shall not be issued prior to submittal of an asbestos abatement completion certificate by qualified contractors and full abatement of other hazardous materials.
h. The building shall be inspected for rats and rodent infestation and a report from qualified individuals that are acceptable to the Building Official shall be submitted attesting that the building is free of any rats or rodents prior to issuance of the demolition permit. If the building is found to be infested, then proper eradication measures by qualified individuals shall be implemented and a report attesting to the eradication of the rodent infestation shall be submitted prior to issuance of the demolition permit.
i. A list of building addresses to be demolished with square footage and occupancy and use type.
j. Confirmation of an approved haul route of vehicles associated with the demolition procedures.
k. Any work related to the public right-of-way or streets shall first obtain approval from the Burbank Department of Public Works.
l. Best Management Practice and Storm Water Pollution Prevention Plan measures shall be incorporated into the site during and following demolition. 349
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m. A sign posted on site with contact information for the owner and project manager.
n. A schedule of the demolition with specific execution measures. o. An onsite pre-construction meeting with City inspection staff and the demolition contractor.
2. Before a demolition permit shall receive final inspection approval and before the pertinent bonds are released, the following requirements shall be met:
a. All concrete, weeds, debris, stones, or other loose material shall be removed from the lot or parcel of land.
b. All basements, pools, tanks, sumps, or other subterranean structures shall be removed and backfilled and the lot properly graded.
c. The fence, when required by the Building Official, is installed and inspected.
3. Completion o f Demolition: The demolition activities authorized by a demolition permit issued for a project required by this section shall be commenced within one hundred eighty (180) days of permit issuance, and thereafter shall be diligently pursued to completion, otherwise the demolition permit shall be null and void, and of no further effect whatsoever.
4. Performance Bond: When a building is to be demolished, the permittee may be required to post a bond in compliance with the provisions of the Burbank Municipal Code as security for restoration of the site, or completion of the demolition. The amount of the bond shall be in an amount, as determined by the Building Official, which is sufficient to complete the demolition, or restore the site.
D. Responsible Person or Contractor of Record: When required by the Building Official, the contractor of record or a representative responsible person shall be present at the construction site at all times during the construction process. That person shall have the authority to address the concerns of neighboring property residents or occupants regarding the particular construction project. The names and telephone numbers of the contractor of record or the responsible person shall be conspicuously displayed at the construction site in a manner satisfactory to the Building Official.
E. Notice of Demolition/Construction: The property owner or the owner's representative shall post at the construction site a notice of intent to do grading, construction or demolition that is readily visible at least ten (10) days prior to issuance of permit whenever the Building Official determines that the grading, demolition, or construction work will have a significant impact on the surrounding properties.
F. Construction Parking and Hauling Restrictions: No hauling or construction related parking shall be permitted on a public street except as otherwise approved by the Building Official and City engineer, provided that the work described in an application for a permit, and the plans, specifications and other data filed therewith, conform to the requirements of this code, the technical codes and other pertinent laws and 350
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ordinances, and that all applicable fees specified by the City’s Fee Resolution have been paid. All hauling related to construction shall not be commenced without hauling permits from the City.
9-1-1-105.2: WORK EXEMPT FROM PERMIT:
Any exemption from a permit requirement as allowed by this code shall not be deemed to grant authorization for any work to be done in violation of the provisions of the building standards codes, zoning code, or any other laws or ordinances of this jurisdiction. Note:
Exempt one- story, detached accessory buildings used as tool and storage sheds, playhouses and similar uses not exceeding 120 square feet shall not contain any heating, plumbing, or electrical installations or be used for the storage of any hazardous materials.
9-1-1-105.5.1: PERMIT EXPIRATION:
A. Expiration of Permit: A permit issued by the Building Official under the provisions of this code shall expire by limitation and become null and void unless work authorized by such permit is commenced within one hundred eighty (180) calendar days from the issuance date of such permit. However, a permit for residential occupancies shall expire 365 days from the date of application as stated in AB 2913 (Wood).
B. Expiration of Permit for Unlawful Structure: Notwithstanding any provision of this subsection or any other provision of this chapter, if a building permit was issued in order to bring an unpermitted structure or other unlawful, substandard, or hazardous condition into compliance with any applicable law, or ordinance, such permit shall expire by limitation and become null and void ninety (90) calendar days after the date on which the permit was issued. The Building Official may extend the validity of the permit for a period not exceeding ninety (90) calendar days beyond the initial ninety (90) day limit upon written request by the applicant filed with the Building Official prior to the expiration date of the original permit.
9-1-1-105.8: TO WHOM A PERMIT MAY BE ISSUED:
A. Issuance to State Licensees.
No permit shall be issued to any person doing any work regulated by the California Building Code except to a person holding a valid, unexpired and unrevoked State license to do such work.
B. Issuance to Owners.
Any permit required by this article may be issued to any person to do any construction or work regulated by the California Building Code in the event that such person is a bona fide owner of such property provided that the work is limited to:
1. A single-family dwelling of wood frame construction not more than two stories and basement in height.
2. Multiple dwellings containing no more than four dwelling units of wood frame construction not more than two stories in height. However, this shall not be construed as allowing an unlicensed person to construct multiple clusters of up to four dwelling units each to form apartment or condominium complexes where the total exceeds four units on any lawfully divided lot.
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3. Garages or other structures appurtenant to buildings described under subdivision (1) of wood frame construction not more than two stories and basement in height.
4. Nonstructural or non-seismic alterations or additions.
9-1-1-105.9: APPEALS
Appeals of the Building Official’s decision to suspend or revoke any permit issued under this Code may be appealed within 60 days of the date of mailing notice of such suspension or revocation as stated in Section 9-1-1-113 of this Chapter.
9-1-1-105.10: CONSTRUCTION HOURS:
The following construction hours shall apply to all construction, alteration, movement, enlargement, replacement, repair, equipment, maintenance, removal and demolition work regulated by this code:
Construction Hours:
Monday - Friday 7:00 a.m. to 7:00 p.m.
Saturday 8:00 a.m. to 5:00 p.m.
Sunday and City Holidays None
EXCEPTIONS:
1. Single-family residential owner-builder permits when work is performed solely by the owner and family members:
Monday - Friday 7:00 a.m. to 7:00 p.m.
Saturday 8:00 a.m. to 5:00 p.m.
Sunday and City Holidays 8:00 a.m. to 5:00 p.m. for interior work only.
2. Where work must be performed in an emergency situation, as defined in Section 9-3-204
of the Burbank Municipal Code.
3. The Community Development Director may grant exceptions wherever there are practical difficulties involved in carrying out the provisions of this section or other specific onsite activity warrants unique consideration.
4. The Planning Board or City Council may grant exceptions pursuant to land use entitlements.
9-1-1-107: SUBMITTAL DOCUMENTS
A. Setback Certification Required:
A California State licensed surveyor is required to certify the location and setbacks of all new construction prior to the first foundation inspection. A copy of the certification shall be available to the Building and Safety Division inspector for the job file prior to the first inspection.
EXCEPTION: Wherever there are practical difficulties involved in carrying out the provisions of this section, the Building Official shall have the authority to grant modifications for individual cases.
B. Construction Means and Method Plan:
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1. When required by the City of Burbank, a construction means and method plan shall be provided to the Building Official. The construction means and method plan required by this code shall provide the following information:
a. A detailed description of the construction process, organized sequentially; b. An explanation of the impact that this construction will have on the adjacent properties, the immediate surrounding neighborhood and the community; c. A description of the construction mitigation measures that the owner will implement to minimize the impacts of noise, dust, vibrations, utility shutoffs, and other construction impacts on adjacent properties and the immediate surrounding neighborhood.
2. Compliance with Required Means and Method Plan:
a. General: No person shall erect, construct, enlarge, alter, repair, move, improve, remove, sandblast or convert the use of any building, structure or building service equipment regulated by this code without complying with all conditions of any required construction means and methods plan.
b. Owner's Responsibility: The property owner shall remain responsible for any violation of the construction means and method plan regardless of the responsibility of any other person for the violation or any contract or agreement the owner entered into with a third party concerning the owner's property or the construction that necessitated the preparation of the means and method plan.
9-1-1-107.3.1: APPROVAL OF CONSTRUCTION DOCUMENTS:
Section 107.3.1 of Chapter 1, Part 2, of the CBC is amended and restated as follows, and shall apply to all Articles in this Chapter:
“107.3.1 Approval of construction documents. When the Building Official issues a permit the construction documents shall be approved, in writing or by stamp as "APPROVED". One set of construction documents so reviewed shall be retained by the Building Official. The other set shall be returned to the applicant, shall be kept at the site of work and shall be open to inspection by the Building Official or a duly authorized representative.
Such approved plans and specifications shall not be changed, modified or altered without authorization from the Building Official, and all work regulated by this code shall be done in accordance with the plans marked "APPROVED".”
9-1-1-109: FEES.
In addition to the provisions of Section 109 of Part 2 of the California Building Standards Code, the following provisions shall apply to work conducted pursuant to this Chapter.
A. Fees associated with any action taken or required pursuant to this Chapter shall be assessed in accordance with the provisions of this section and as set forth in the Burbank Fee Resolution.
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B. Exemption from fees. The City, any department or office thereof acting on behalf of the City, any municipal utility wholly owned by the City, and the Burbank Unified School District, shall be exempt from the payment of all fees required by the Building Code. However, this fee waiver does not exempt any party from obtaining a permit for such work nor exempt such party from conforming to the procedures established by the City nor from compliance with all applicable City ordinances or State laws regulating such work.
C. Fees for copies.
1. Fees for file copies. At the time of issuance of permit, the applicant shall pay a fee, as set forth in the Burbank Fee Resolution, to the Building Official for digital copies of the approved construction documents, or other format approved by the Building Official, to serve as the official file copy of the corrected plans.
2. Fees for reproduction of file copies. The reproduction fee for file copies of official plans retained on microfilm shall be as set forth in the Burbank Fee Resolution.
D. Relocated Buildings Fees and Bond.
The Building Official shall not issue a permit unless the provisions of the Burbank Municipal Code, insofar as applicable, have been complied with and until the permittee or an authorized agent shall have first deposited with the Building Official a cash bond in an amount equal to the estimated cost plus 10 percent of the work required to be done in order to comply with all of the conditions under which the permit is issued.
Every such deposit made pursuant to this section shall be conditioned as follows:
1. Each and all of the terms and conditions of the permit shall be complied with to the satisfaction of the Building Official.
2. All of the work required to be done pursuant to the conditions of the permit shall be fully performed and completed within the time limit specified in the permit. If no time limit is specified, the work shall be completed within 90 days after the date of the issuance of the permit. The time limit herein specified in any permit issued under the provisions of this section may be extended for good and sufficient cause, either before or after said time period has expired, by written order of the Building Official.
3. If the permittee fails to fully perform and complete the work required to be done in order to comply with all of the conditions under which the permit is issued, or, if an extension or extensions have been granted by the Building Official, within the time specified in such extensions, the Building Official shall give written notice to the permittee of such default. Such notice of default shall state the work to be done, the estimated cost thereof, and the period of time deemed by the Building Official to be reasonably necessary for the completion of such work. If compliance is not had within the time specified, the Building Official shall proceed without delay and without further notice or proceeding whatever to cause the required work to be done and deduct from the cash bond deposited the cost of the work plus 10 percent which shall be retained by the City to cover administrative costs. 354
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4. In lieu of completing the required work, the Building Official may demolish the building or structure and clear, clean, and restore the site and deduct from the cash bond deposited the cost of the work plus 10 percent thereof, which 10 percent shall be retained by the City to cover the administrative costs.
5. Every permittee accepting a permit hereunder shall agree to be bound by the above provisions without recourse to the City or any officer or Board of the City.
6. The term of each cash bond deposited pursuant to this section shall begin upon the date of deposit and shall end upon completion, to the satisfaction of the Building Official, of the performance of all the terms and conditions of this section.
Upon such completion, the Building Official shall return the cash deposit to the depositor or the depositor’s successors or assigns, except any portion thereof which may have been used or deducted as provided in this section.
9-1-1-109.4: INVESTIGATION FEES, WORK WITHOUT A PERMIT.
A. Investigation: Whenever work for which a permit is required by this code has been commenced without first obtaining a permit, a special investigation shall be made before a permit may be issued for such work.
B. Fee: Pursuant to Section 109.4 of Part 2 of the California Building Standards Code, an investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued. The investigation fee shall be equal to the amount of the permit fee required by this code. The payment of such investigation fee shall not exempt an applicant from compliance with all other provisions of either this code or the technical codes nor from the penalty prescribed by law.
9-1-1-109.6: REFUND POLICY:
A. Plan check fees. No portion of the plan check fee shall be refunded unless plan review has not been performed, in which case 80 percent of the plan check fee shall be refunded upon written application for refund submitted by the person who made original payment of such fee and with the written consent of the owner of the real property on which the work was proposed to be done. The Building Official shall determine, in such official’s discretion, whether an applicant is qualified to receive a refund. After 180 days have elapsed from the date of the submittal for plan check, no plan check fees shall be refunded. In the event subsequent application for plan check is made by a person who has received a refund, the full amount of all required fees shall be paid as elsewhere provided in this chapter.
B. Permit fees. In the event any person shall have obtained a building permit and no portion of the work or construction covered by such permit shall have commenced, nor any inspection performed by any City employee, and notice of abandonment has been received from the owner of the real property on which such work would have been performed, the permittee, upon presentation to the Building Official of a written request for refund, shall be entitled to a refund in an amount equal to 80 percent of the building permit fee actually paid for such permit. The Building Official shall determine, in such official’s discretion, whether an applicant is qualified to receive a 355
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refund. After 180 days have elapsed from the date of the issuance of the permit, no permit fees shall be refunded. In the event subsequent application for a permit is made by a person who has received a refund, the full amount of all required fees shall be paid as elsewhere provided in this chapter.
EXCEPTION:
1. If a permit has been issued for a project located in an area outside the jurisdiction of the City, 100 percent of the permit and plan checking fee may be refunded.
2. If a duplicate permit has been erroneously issued, 100 percent of the duplicated permit and plan checking fee may be refunded.
9-1-1-110: INSPECTIONS.
In addition to the requirements contained in Section 110 of Part 2 of the California Building Standards Code, the following provisions shall apply to work completed pursuant to this Chapter.
A. Demolition, Excavation and Shoring Inspections: Reinforcing steel or structural framework of a part of a building or structure shall not be covered or concealed without first obtaining the approval of the Building Official. Protection of joints and penetrations in fire resistive assemblies shall not be concealed from view until inspected and approved.
The Building Official, upon notification, shall make the following inspections:
1. Demolition Inspection: To be made before demolition begins and after demolition is completed per approved plans but before construction, grading, or shoring is commenced.
2. Shoring and Excavation: To be made throughout and after shoring and excavations are complete and required before foundations are in place.
3. Basement and Subterranean Garage: To be made throughout and after the basement and subterranean footings and walls are in place.
B. Trades (Plumbing, Mechanical, Gas and Electrical Systems) Inspection: Rough inspection of plumbing, mechanical, gas and electrical systems shall be made prior to covering or concealment, before fixtures or appliances are set or installed, and prior to framing inspection.
C. Green Building Standards Inspection: To be made before work is concealed or made inaccessible based at the point in time when adequate stages of construction for the selected method of code compliance. Inspections shall be made to determine compliance with green building standards code and shall include, but not be limited to, inspections for site, parking, energy efficiency, water efficiency and conservation, material conservation and resource efficiency, and environmental quality.
D. Site Grading/Landscaping: To be made before work is concealed or made inaccessible. Underground irrigation system shall be inspected before landscaping is installed. Planting compliant with this code needs to be installed prior to final approval. 356
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E. Equipment Inspections: Equipment for which a permit is required by this code shall be inspected by the Building Official. Equipment intended to be concealed by a permanent portion of the building shall not be concealed until inspected and approved.
When the installation of equipment is complete, an additional and final inspection shall be made. Equipment regulated by this code shall not be connected to the water, fuel or power supply, or sewer system until authorized by the Building Official. The requirements of this section shall not be considered to prohibit the operation of equipment installed to replace existing equipment serving an occupied portion of the building in the event a request for inspection of such equipment has been filed with the Building Official not more than forty eight (48) hours after the replacement work is completed, and before any portion of such equipment is concealed by permanent portions of the building.
F. Additional Required Inspections and Tests:
1. A preconstruction meeting with the City and the project personnel will be required prior to beginning any new building or when required by the City.
2. For all new construction and when required by the City, a licensed surveyor must certify that the location of the footing forms is per the approved plans before foundations can be poured. The surveyor must provide a plot plan showing precise dimensions to the property lines and the elevation of the forms as compared with the reference elevation shown on the approved plans.
3. For all new construction and when required by the City, a licensed surveyor must certify that the height of the building is in accordance with the approved plans. The surveyor must show the precise height of the building as compared with the reference elevation shown on the approved plans.
4. An approved weatherproofing consultant must certify the installation of weatherproofing on all retaining walls which are adjacent to interior areas of the building. The consultant will not be required if the installer is certified in writing by the manufacturer.
5. For all new construction and when required by the City, an approved weatherproofing consultant must certify that the weatherproofing elements of the building have been installed in accordance with the approved plans, all relevant codes, and per manufacturer's specifications. At a minimum, an inspection and report will be required before plastering begins and before final approval is granted.
6. Prior to final approval, a certified air balancer must provide a written report showing the air volumes for all elements of a commercial garage exhaust system or a commercial kitchen hood system.
7. Prior to final approval, the City must witness a test of all fire smoke dampers.
8. Prior to rough framing inspection approval, and prior to final inspection approval, the City may verify conformity with applicable entitlements and zoning regulations.
G. Structural Observation: Structural observation shall be provided in Seismic Design Category D, E, or F as indicated in the California Building Code.
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H. Inspection Record: Work requiring a permit shall not be commenced until the permit holder or the agent of the permit holder shall have posted in a conspicuous place at the construction site a permit and inspection record such as to allow the Building Official conveniently to make the required entries regarding inspection of the work.
The permit shall be posted in a location such that it is visible from the street. The permit, construction documents, and plans shall remain readily available on site until final approval has been granted by the Building Official. The requirements for posting and location of posting may be waived or modified by the Building Official as deemed necessary for the particular type of work.
Duplicate inspection cards may be issued upon payment of applicable fees as established by City Council resolution.
I. Inspection Requests: It shall be the duty of the person doing the work authorized by a permit to notify the Building Official that such work is ready for inspection. Failure to do so constitutes a violation of this administrative code. The Building Official may require that every request for inspection be filed at least one business day before such inspection is desired. Such requests shall be made in a manner deemed acceptable by the Building Official. It shall be the duty of the person requesting any inspections required by this code to provide access to and means for inspection of the work.
Failure of a permit holder to schedule and undergo all required progress, final or other inspections is a violation of this administrative code.
J. Approval Required: Work shall not be done beyond the point indicated in each successive inspection without first obtaining the approval of the Building Official. The Building Official, upon notification, shall make the requested inspection and shall either indicate that that portion of the construction is satisfactory as completed (which is referred to as a "successful inspection") or shall notify the permit holder or an agent of the permit holder wherein the same fails to comply with this code. Any por tion of work that does not comply with the code shall be corrected and such portion shall not be covered or concealed until authorized by the Building Official.
All work and installations that are authorized by a permit shall not become lawful until a permit holder has obtained a final inspection approval, which shall be in writing.
There shall be a final inspection and approval of all buildings and structures when completed and ready for occupancy and use.
K. Reinspections: A reinspection fee may be assessed for each inspection or reinspection when such portion of work for which inspection is called is not complete or when corrections called for are not made. This section is not to be interpreted as requiring reinspection fees the first time a job is rejected for failure to comply with the requirements of this code but as controlling the practice of calling for inspections before the job is ready for such inspection or reinspection.
Reinspection fees may be assessed when the inspection record card is not posted or 358
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otherwise available on the work site, the approved plans are not readily available to the inspector, for failure to provide access on the date for which inspection is requested, or for deviating from plans requiring the approval of the Building Official.
To obtain a reinspection, the applicant shall file an application therefor in writing upon a form furnished for that purpose, and pay the reinspection fee in accordance with the Burbank Fee Resolution. In instances where reinspection fees have been assessed, additional inspection of the work will not be performed until the required fees have been paid.
9-1-1-111: CERTIFICATE OF OCCUPANCY.
In addition to the requirements contained in Section 111 of Part 2 of the California Building Standards Code, the following provisions shall apply to work completed pursuant to this Chapter.
A. In lieu of a Certificate of Occupancy, when the building shell, including all structural elements, is completed and all life safety systems are installed and functional, the Building Official may issue a certificate of completion to allow a limited use but not occupancy of the building prior to issuance of the Certificate of Occupancy. A certificate of completion is issued to signify completion of a building exclusive of interior build out by a tenant or an owner.
B. Change in Use: Changes in the character or use of a building shall not be made except as specified in the building code and the residential code.
C. Temporary Occupancy.
1. Temporary Certificate: If the Building Official finds that no substantial hazard will result from occupancy of any building or portion thereof before the same is completed, they may issue a Temporary Certificate of Occupancy for the use of a portion or portions of a building or structure prior to the completion of the entire building or structure; provided a cash deposit is made. The building official shall have the authority to authorize the temporary connection of the building or system service equipment to the utility source of energy for the purpose of testing building service equipment, or for use under a Temporary Certificate of Occupancy
2. Fees and Bond:
a. A bond in the amount of two percent of the valuation of the building permit shall be provided by the applicant before issuance of a temporary certificate of occupancy. The bond shall assure the completion of the project. The bond shall be released to the applicant upon issuance of the certificate of occupancy in accordance with Sec tion 111 of the California Building Code. If the Building Official determines that less than two percent of the work is necessary for completion, the Building Official may reduce the amount of the bond proportional to the incomplete work.
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b. The City shall collect a fee for each temporary certificate of occupancy and temporary utilities release. Fees shall be assessed in accordance with the provisions of this section and as set forth in the Burbank Fee Resolution.
3. Application for Temporary Certificate of Occupancy:
After the Building Official inspects the building or structure and finds no violations of the provisions of this code or other laws that are enforced by the Building Division, the Building Official may issue a temporary certificate of occupancy.
The application shall contain the following:
a. The building permit number.
b. The address of the structure.
c. The name and address of the owner.
d. A description of that portion of the structure for which the temporary certificate is issued.
e. A statement that all work shall conform to the provisions of the Building, Electrical, Mechanical, Plumbing, and Fire Codes, as amended, and the applicable provisions of the Burbank Municipal Code.
f. A statement that all work shall be completed within the time limitations granted by the temporary certificate of occupancy.
g. The Building Official may require the applicant of a temporary certificate of occupancy to also apply for a temporary utilities release.
4. Time Limitation of Temporary Certificate of Occupancy:
Such temporary certificate of occupancy and temporary utilities release shall be valid for a period not to exceed 180 days. Additional temporary certificates of occupancy may be issued, if the application is approved by the Building Official.
Upon expiration of a temporary certificate of occupancy, the building or structure shall require a certificate of occupancy in accordance with other provisions in this code. A violation of a condition shall constitute cause to revoke or suspend the temporary certificate
D. Temporary Connection: The building official shall have the authority to authorize the temporary connection of the building or system service equipment to the utility source of energy for the purpose of testing building service equipment, or for use under a Temporary Certificate of Occupancy, provided a cash performance deposit is made in accordance with subsection C, above.
Applications for temporary connection to the utility service shall be submitted with the payment of fees as established by Council resolution.
9-1-1-113: BOARD OF APPEALS:
In addition to the requirements in Section 113 of Part 2 of the California Building Standards Code, the following provisions shall apply.
A. BOARD MEMBER QUALIFICATIONS . Section 113.3 of Chapter 1, Part 2 of the California Building Standards Code is amended and restated as follows:
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“113.3 Qualifications. The board of appeals shall be the same as the City of Burbank Board of Building and Fire Code Appeals. The establishment and composition of the board and qualifications of board members are specified in Section 2-1-414
of the Burbank Municipal Code.”
B. NOTICE OF APPEAL.
Unless otherwise specified in this Code, prior to any appeal heard by the Boar d, a notice of appeal shall be filed with the Building Official stating the grounds for appeal set forth in the California Building Code Section 113.2. The Building Official shall fix a time and place for hearing such appeal within 60 days from the date notice of appeal was filed and shall give not less than five days’ notice therefor to appellant and to each member of the Board. No notice of appeal shall be accepted unless the appellant first pays to the Building Official the fee as designated in the Burbank Fee Resolution for filing such appeal. The decision of the Board shall be final and conclusive. Within seven days of the Board’s determination, exclusive of Saturdays, Sundays, and holidays, the Building Official shall give notice of the decision to the appellant.
9-1-1-114 VIOLATIONS
In addition to the provisions stated in Section 114 of Part 2 of the California Building Standards Code, the following provisions shall apply to violations of this Chapter.
A. General: The Building Official may record a notice with the Los Angeles County recorder's office that a property, building, structure, land, or any portion thereof, is in violation of any provision of this code, provided that the provisions of this section are complied with. The remedy provided herein is cumulative to any other enforcement actions permitted by the California Building Code or the Burbank Municipal Code.
B. Recordation: If: a) the Building Official determines that any property, building, structure, land, or any portion thereof is in violation of any provision of this code; and if b) the Building Official gives written notice of said violation(s) to the owner of the subject property (as identified on the last equalized assessment roll of the Los Angeles County assessor's office) as specified below; then the Building Official shall have the discretion to record with the Los Angeles County recorder's office a not ice of violation(s) concerning the subject property.
C. Notice: The written notice given pursuant to this section shall indicate:
1. The nature of the violation(s); and
2. That if corrective or other required actions to abate the violation(s) are not started and/or completed in accordance with stated deadlines, as established by the Building Official in said notice, the Building Official may, at any time after a missed deadline, record a notice of violation with the Los Angeles County recorder's office against the subject property. The notice shall be posted on the property and shall be mailed to the owner of the property as indicated on the last equalized Los 361
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Angeles County assessment roll. The mailed notice may be by registered, certified, or first-class mail.
A notice of violation(s) may be combined with other notices that the Building Official issues in the administration and/or enforcement of this Code.
D. Rescission: Any owner who desires to have a notice of violation rescinded must first fully abate all violations with all required permits and inspection approvals, as required by the code. Upon determining full compliance with the code has occurred, the Building Official shall, within twenty (20) days of such a determination, file a rescission of notice of violation for recording with the Los Angeles County recorder's office.
Following the recordation of a notice of violation the Building Official is not required to make any inspection or review of the premises to determine the continued existence of the noticed violation(s). It is the responsibility of the property owner, to obtain all permits and request inspections, undertake and complete all correct ive or other required actions to abate the violation(s) so that a notice of violation may be rescinded.
E. Violation Penalties: Any person who violates a provision of this Building Code or fails to comply with any of the requirements thereof or who erects, constructs, alters, or repairs a building or structure in violation of the approved construction documents or directive by the Building Official, or of a permit or certificate issued under the provisions of this Building Code, shall be subject to penalties or other remedies set forth in this code.
F. Costs: Any person that violates any provision of this code shall be responsible for the costs of any and all code enforcement actions taken by the Building Official in response to such violations. These costs shall be based on the amounts specified by the Burbank Fee Schedule.
Any person violating the provisions of this C ode shall reimburse the City for any and all costs, expenses and fees incurred by the City in responding to, investigating, assessing, monitoring, treating, cleaning, removing or remediating any violation of this code. Such costs, expenses and fees to be paid to the City shall include all administrative expenses and all legal expenses, including costs and attorney fees in obtaining compliance and in litigation, including all costs and attorney fees on any appeal.
9-1-1-116: UNSAFE BUILDINGS, STRUCTURES, EQUIPMENT, CONDITIONS In addition to the provisions stated in Section 116 of Part 2 of the California Building Standards Code, the following provisions shall to unsafe buildings, structures, uses, and building appendages.
All buildings, structures, or building service equipment, or portions thereof, that are or hereafter become unsafe, insanitary, or deficient or which constitute a fire hazard, or are otherwise dangerous to human life, or which in relation to an existing use constitute a 362
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hazard to safety or health, or public welfare, by reason of inadequate maintenance, dilapidation, obsolescence, fire hazard, disaster damage, or abandonment as specified in this code or any other applicable ordinance of the City, are, for the purpose of this code, unsafe buildings or structures. As used herein, "abandonment" exists when a building or structure is not lawfully occupied and contains conditions that violate the Burbank Municipal Code, and for which all required submittals and fees to repair, d emolish or replace said building or structure have not been received by any division of the Community Development Department for a period of six (6) months.
Building service equipment regulated by the Code, which constitutes a fire, electrical or health hazard, or an unsanitary condition, or is otherwise dangerous to human life is, for the purpose of this section, unsafe. Use of buildings, structures or building service equipment constituting a hazard to safety, health or public welfare by reason of inadequate maintenance, dilapidation, obsolescence, fire hazard, disaster, damage or abandonment is, for the purpose of this section, an unsafe use.
Parapet walls, cornices, spires, towers, tanks, statuary and other appendages or structural members which are supported by, attached to, or a part of a building and which are in a deteriorated condition or otherwise unable to sustain the design loads which are specified in the Building Code are hereby designated as unsafe building appendages.
Unsafe building or str uctures shall be taken down and removed or made safe, as the Building Official deems necessary and as provided for in this Code. A vacant structure that is not secured against entry shall be deemed unsafe. No person shall own, use, occupy or maintain any unsafe building. All unsafe buildings are hereby declared to be public nuisances. In addition to instituting any appropriate action to prevent, restrain, correct, or abate a violation of this section, the Building Official may abate an unsafe condition by repair, rehabilitation, demolition or removal in accordance with the procedure specified in any articles of this chapter.
9-1-1-117: BUILDING SECURITY:
The following sections are added to Chapter 1, Part 2 of the CBC to read as follows:
“117. Building Security. Residential occupancies as referred to in Chapter 3 of the California Building Code shall comply with the security requirements in this section.”
A: GENERAL REQUIREMENTS:
Doors, windows or hatchways for dwelling units, room units or housekeeping units, openings between attached garages and dwelling units, and openings in enclosed attached garages, other than vehicular access, shall be provided with devices designed to provide security for the occupants and property within.
B: DOORS:
Doors providing access to a dwelling unit, rooming unit or housekeeping unit shall be equipped with a deadbolt lock designed to be readily openable from the side from which egress is to be made without the need for keys, special knowledge or effort and shall 363
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have a lock throw of not less than 1 inch. Such deadbolt locks shall be installed according to the manufacturer’s specifications and maintained in good working order. For the purpose of this section, a sliding bolt shall not be considered an acceptable deadbolt lock.
C: WINDOWS:
1. Operable windows located in whole or in part within 6 feet above ground level or a walking surface below that provide access to a dwelling unit, rooming unit or housekeeping unit shall be equipped with a window sash locking device.
2. Bars, grilles, grates or similar devices shall not be installed on any emergency or escape windows.
D: BASEMENT HATCHWAYS:
Basement hatchways that provide access to a dwelling unit, rooming unit or housekeeping unit shall be equipped with devices that secure the units from unauthorized entry.”
DIVISION 2. CALIFORNIA ADMINISTRATIVE CODE
9-1-1-2: ADOPTION OF THE 2025 CALIFORNIA ADMINISTRATIVE CODE:
Part 1 of Title 24 of the California Code of Regulations also known as the “California Administrative Code,” which is part of the California Building Standards Code, 2025 Edition, as adopted by the California Building Standards Commission, is hereby adopted by the City of Burbank and made a part of this Code without any local amendments thereto.
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ARTICLE 2. CALIFORNIA BUILDING CODE
9-1-2: ADOPTION OF 2025 THE CALIFORNIA BUILDING CODE:
Part 2 of Title 24 of the California Code of Regulations, also known as the “ California Building Code,” which is part of the California Building Standards Code, 2025 Edition, together with Appendices C, G, I, J, and Q as adopted by the California Building Standards Commission is hereby adopted by the City of Burbank and made a part of this Code, with certain amendments, additions, and deletions as stated in this Article.
9-1-2-101.1: TITLE:
Section 101.1 of Chapter 1, Part 2 of the CBC is amended to read as follows:
“101.1 Title. These regulations shall be known as the Building Code of the City of Burbank, hereinafter referred to as “this code.”
9-1-2-705.3.1: BUILDINGS ON CONTIGUOUS LOTS:
The following section is added to Chapter 7, Part 2 of the CBC to read as follows:
“705.3.1 Buildings on contiguous lots – lots under the same ownership or occupancy. In all cases involving contiguous lots owned or occupied by the same person, such lots, or portions of lots, may be considered as one lot for the purpose of enforcing Sections 705 and 715 of the Building Code, provided the owner and the tenant or lessee, if any, executes and records an agreement with the City to the satisfaction of the Building Official on a form approved by the City Attorney, assuring compliance with such provisions in the event the common ownership or occupancy of the lots is terminated. The Building Official is hereby authorized to execute such agree ments on behalf of the City. An easement for right -of-way purposes shall constitute ownership or occupancy under this section.”
9-1-2-1206.4.1: ALTERNATE SOUND TRANSMISSION CONTROL ASSEMBLIES FOR NEW SINGLE-FAMILY DWELLINGS:
Section 1206.4 of Chapter 12, Part 2 of the California Building Code shall be amended to include the following subsections:
A. LDN CONTOUR 60-65.
1. Roof assemblies shall be constructed with fiberglass batt insulation with a minimum R-value of 38.
2. Wall assemblies shall be constructed with fiberglass batt insulation with a minimum R-value of 15.
3. For exterior walls parallel to the noise source, or at some angle less than perpendicular to the noise source, all windows shall have a minimum STC rating of 40. All sliding glass doors and French doors shall have a minimum STC rating of 35. All wind ows shall be weather -stripped in accordance with the California Energy Efficiency Standards for Low -Rise Residential Buildings.
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EXCEPTION: Stained glass panels.
4. All exterior doors shall be 1- 3/4” solid-core, wood-slab doors, or 18- gage insulated steel -slab doors, with compression seals all around, including the threshold. All door glazing shall be 3/4” double-pane insulating units with double-strength 1/8” glass.
EXCEPTIONS:
a. Sliding glass and French doors. (See number 3 above) b. Stained glass panels.
5. An acoustic acrylic mastic sealant (non -drying and non- hardening) shall be used to seal and caulk all penetrations in accordance with the California Energy Efficiency Standards for Low-Rise Residential Buildings.
6. A secondary weather-resistive barrier, or housewrap, shall be installed.
B. LDN CONTOURS 65-70 dB and 70-75 dB.
1. Structures in LDN contours 65-70 dB and 70-75 dB shall conform to the requirements for LDN contour 60-65 dB.
2. All windows shall have a minimum STC rating of 40. All sliding glass doors and French doors shall have a minimum STC rating of 35. All windows shall be weather-stripped in accordance with the Energy Efficiency Standards for Low-Rise Residential Buildings.
EXCEPTION: Stained glass panels.
All exterior walls parallel to the noise source, or at some angle less than perpendicular to the noise source, shall be constructed, on the interior surface, with resilient channels 24” o.c. attached at right angles to the wood studs, with one layer of gypsum wallboard applied parallel to the channels.
End joints of the wallboard shall be back-blocked with resilient channels.
C. LDN CONTOUR 75-80 dB.
Dwellings located in a LDN contour of 75- 80 dB or above shall meet the acoustical analysis requirements of Section 1206 of the California Building Code.”
9-1-2-1403.3.3: WOOD SHAKES AND SHINGLES PROHIBITED:
The following section is added to Chapter 14, Part 2 of the CBC to read as follows:
“1403.3.3 Shakes and shingles. No wood shakes or wood shingles shall be installed as an exterior wall covering on any new or existing building or structure.
No wood board, hardboard, or engineered wood siding, pressure- treated wood, intumescent paints, and other protective coatings shal l be installed as an exterior wall covering on any new or existing building or structure in the Burbank Fire Hazard Severity Zones.
EXCEPTIONS: The following types of siding may be used:
1. Fiber-Cement siding with a Class A fire rating.
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2. Vinyl siding with a Class A fire rating. Such vinyl siding shall be installed over one layer of Type X gypsum board with a minimum thickness of 1/2”.
3. Alternate siding materials may be approved by the Building Official and Fire Chief in accordance with Section 104.11 of the California Building Code.”
9-1-2-1403.3.4: EXISTING WOOD EXTERIOR REPAIRS:
The following section is added to Chapter 14, Part 2 of the CBC to read as follows:
“1403.3.4 Existing wood exterior repairs.
Burbank Municipal Code Section 9-1-2R-R703.6.1 shall not apply:
1. When an existing building or structure with a wood exterior wall covering is subject to wood shake or wood shingle installation, addition, repair, alteration or replacement of less than 25 percent of the existing building or structure’s wood exterior wall covering area over the life of the building commencing on or after the effective date of this ordinance, as long as that existing building or structure with a wood exterior wall covering is located outside of the Burbank Fire Hazard Severity Zones. No wood exterior repairs or installations shall be allowed in the Burbank Fire Hazard Severity Zones.
2. When an existing building or structure with a wood exterior wall covering is subject to wood shake or wood shingle installation, addition, repair, alteration or replacement of 25 percent or more of the existing building or structure’s wood exterior wall covering area over the life of the building commencing on or after the effective date of this ordinance, as long as that existing building or structure with a wood exterior wall covering is located outside of the Burbank Fire Hazard Severity Zones. In such circumstances, if the building or structure is located in a commercial or industrial zone, pressure- treated wood shakes or pressure- treated wood shingles with a Class B rating shall be used with a one- hour wall and in all other areas of the City, pressure- treated wood shakes or pressure- treated wood shingles with a Class C rating shall be used with a one-hour wall. For the purposes of this ordinance, 25 percent of the area of wood exterior wall covering shall be calculated from the area of the wood exterior wall covering existing on the effective date of this ordinance. No wood exterior repairs or installations shall be allowed in the Burbank Fire Hazard Severity Zones.”
9-1-2-1404.2: WEATHER PROTECTION:
Section 1404.2 of Chapter 14, Part 2 of the CBC is amended to include the following subsection:
“Exception: No wood shakes or wood shingles shall be installed as an exterior wall covering on any new or existing building or structure in the Burbank Fire Hazard Severity Zones.”
9-1-2-1405.1.1: COMBUSTIBLE WALL COVERINGS:
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Section 1405.1.1 of Chapter 14, Part 2 of the CBC is amended to include the following subsection:
“5. No wood shakes or wood shingles shall be installed as an exterior wall covering on any new or existing building or structure. No wood board, hardboard, or engineered wood siding, pressure- treated wood, intumescent paints, and other protective coatings shal l be installed as an exterior wall covering on any new or existing building or structure in the Burbank Fire Hazard Severity Zones.”
9-1-2-1501.1.1: WOOD ROOFS PROHIBITED:
The following section is added to Chapter 15, Part 2 of the CBC to read as follows:
“1501.1.1 Wood roofs prohibited.
1. All wood shake or shingle roofs located outside of the Burbank Fire Hazard Severity Zones. Notwithstanding any other requirement of the Burbank Municipal Code and the California Building Code, no wood shake or shingle roofs shall be permitted to remain on any building or structure after August 14, 2014.
2. All wood shake or shingle roofs located inside the Burbank Fire Hazard Severity Zones. Notwithstanding any other requirement of the Burbank Municipal Code and the California Building Code, no wood shake or shingle roofs shall be permitted to remain on any building or structure after August 14, 2005.”
9-1-2-1507.8: WOOD SHINGLES:
Section 1507.8 of Chapter 15, Part 2 of the CBC is amended and restated as follows:
“1507.8 Wood shingles. No wood roof covering shall be installed on any new or existing building or structure.”
9-1-2-1507.9: WOOD SHAKES:
Section 1507.9 of Chapter 15, Part 2 of the CBC is amended and restated as follows:
“1507.9 Wood shakes. No wood roof covering shall be installed on any new or existing building or structure.”
9-1-2-1512.3: ROOF RECOVER:
Subsection 3 of Section 1512.3 of Chapter 15, Part 2 of the CBC is not adopted.
Section 1512.3, Exception 2 of Chapter 15, Part 2 of the CBC is amended and restated as follows:
“2. The existing roof covering is slate, clay, cement, asbestos -cement tile, wood shake or wood shingle.”
9-1-2-1512.3.1: ROOF RECOVERING OVER WOOD SHINGLES OR SHAKES:
Section 1512.3.1 of Chapter 15, Part 2 of the CBC is amended and restated as follows:
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“1512.3.1 Roof recovering over wood shingles or shakes. No roof covering shall be applied over existing wood shakes or wood shingles. When a roof has two or more layers of roof covering, any of which is wood shake or wood shingle, all layers shall be completely removed before applying a new roof covering. Existing roof recovering over wood shakes or wood shingles shall be removed and replaced no later than August 14, 2020.”
9-1-2-1612.3: ESTABLISHMENT OF FLOOD HAZARD AREAS:
Section 1612.3 of Chapter 16, Part 2 of the CBC is amended as follows:
A. Insert: “City of Burbank” into “ [Insert Name of Local Jurisdiction]” field in Section 1612.3 of the California Building Code.
B. Insert: “January 20, 1999” into “ [Insert Date of Issuance]” field in Section 1612.3 of the California Building Code.
9-1-2-1613.8: AMENDMENTS TO ASCE 7:
The following section is added to Chapter 16, Part 2 of the CBC to read as follows:
“1613.8 Amendments to ASCE 7. The text of ASCE 7 shall be modified as indicated in Sections 1613.8 through 1613.8.1.
1613.8.1 Values for Vertical Combinations. ASCE 7, Section 12.2.3.1.
The text of ASCE 7 Section 12.2.3.1 Exception 3 is modified as follows:
3. Detached one- and two-family dwellings up to two stories in height of light frame construction.
1613.8.2 Wood diaphragms. ASCE 7, Section 12.11.2.2.3 . The text of ASCE 7 Section 12.11.2.2.3 is modified as follows:
12.11.2.2.3 Wood diaphragms. The anchorage of concrete or masonry structural walls to wood diaphragms shall be in accordance with AWC SDPWS 4.1.5.1 and this section. Continuous ties required by this section shall be in addition to the diaphragm sheathing.
Anchorage shall not be acc omplished by use of toenails or nails subject to withdrawal, nor shall wood ledgers or framing be used in cross-grain bending or cross -grain tension. The diaphragm sheathing shall not be considered effective for providing the ties or struts required by this section
For structures assigned to Seismic Design Category D, E or F, wood diaphragms supporting concrete or masonry walls shall comply with the following:
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1. The spacing of continuous ties shall not exceed 40 feet. Added chords of diaphragms may be used to form subdiaphragms to transmit the anchorage forces to the main continuous crossties.
2. The maximum diaphragm shear used to determine the depth of the subdiaphragm shall not exceed 75% of the maximum
diaphragm shear.
1613.8.3 Design Earthquake Displacement. ASCE 7, Section 12. 8.6.3.
The text of ASCE 7 Section 12. 8.6.3, Equation 12. 8-16 is modified as follows:
𝛿𝛿
𝐷𝐷𝐷𝐷 = 𝐶𝐶𝑑𝑑𝛿𝛿𝑒𝑒 + 𝛿𝛿𝑑𝑑𝑑𝑑 (12.8-16)
9-1-2-1613.9: SEISMIC DESIGN PROVISIONS FOR HILLSIDE BUILDINGS:
The following section is added to Chapter 16, Part 2 of the CBC to read as follows:
“1613.9 Seismic design provisions for hillside buildings.
1613.9.1 Purpose. The purpose of this section is to establish minimum regulations for the design and construction of new buildings and additions to existing buildings when constructing such buildings on or into slopes steeper than one unit vertical in three units horizontal (33.3%). These regulations establish minimum standards for seismic force resistance to reduce the risk of injury or loss of life in the event of earthquakes.
1613.9.2 Scope. The provisions of this section shall apply to the design of the lateral-force-resisting system for hillside buildings at and below the base level diaphragm. The design of the lateral-force-resisting system above the base level diaphragm shall be in accordance with the provisions for seismic and wind design as required elsewhere in this division.
Exception: Non-habitable accessory buildings and decks not supporting or supported from the main building are exempt from these regulations.
1613.9.3 Definitions. For the purposes of this section certain terms are defined as follows:
BASE LEVEL DIAPHRAGM is the floor at, or closest to, the top of the highest level of the foundation.
DIAPHRAGM ANCHORS are assemblies that connect a diaphragm to the adjacent foundation at the uphill diaphragm edge.
DOWNHILL DIRECTION is the descending direction of the slope approximately perpendicular to the slope contours.
FOUNDATION is concrete or masonry which supports a building, including footings, stem walls, retaining walls, and grade beams. 370
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FOUNDATION EXTENDING IN THE DOWNHILL DIRECTION is a
foundation running downhill and approximately perpendicular to the uphill foundation.
HILLSIDE BUILDING is any building or portion thereof constructed on or into a slope steeper than one unit vertical in three units horizontal (33.3%).
If only a portion of the building is supported on or into the slope, these regulations apply to the entire building.
PRIMARY ANCHORS are diaphragm anchors designed for and providing a direct connection as described in Sections 1613. 9.5 and 1613. 9.7.3 between the diaphragm and the uphill foundation.
SECONDARY ANCHORS are diaphragm anchors designed for and providing a redundant diaphragm to foundation connection, as described in Sections 1613.9.6 and 1613.9.7.4.
UPHILL DIAPHRAGM EDGE is the edge of the diaphragm adjacent and closest to the highest ground level at the perimeter of the diaphragm.
UPHILL FOUNDATION is the foundation parallel and closest to the uphill diaphragm edge.
1613.9.4 Analysis and Design.
1613.9.4.1 General. Every hillside building within the scope of this section shall be analyzed, designed, and constructed in accordance with the provisions of this division. When the code- prescribed wind design produces greater effects, the wind design shall govern, but detailing requirements and limitations prescribed in this and referenced sections shall be followed.
1613.9.4.2 Base level diaphragm -downhill direction. The following provisions shall apply to the seismic analysis and design of the connections for the base level diaphragm in the downhill direction.
1613.9.4.2.1 Base for lateral force design defined. For seismic forces acting in the downhill direction, the base of the building shall be the floor at or closest to the top of the highest level of the foundation.
1613.9.4.2.2 Base shear. In developing the base shear for seismic design, the response modification coefficient (R) shall not exceed 5 for bearing wall and building frame systems. The total base shear shall include the forces tributary to the base level diaphragm including forces from the base level
diaphragm.
1613.9.5 Base shear resistance-primary anchors.
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1613.9.5.1 General. The base shear in the downhill direction shall be resisted through primary anchors from diaphragm struts provided in the base level diaphragm to the foundation.
1613.9.5.2 Location of primary anchors. A primary anchor and diaphragm strut shall be provided in line with each foundation extending in the downhill direction. Primary anchors and diaphragm struts shall also be provided where interior vertical lateral -force- resisting elements occur above and i n contact with the base level diaphragm. The spacing of primary anchors and diaphragm struts or collectors shall in no case exceed 30 feet (9144 mm).
1613.9.5.3 Design of primary anchors and diaphragm struts.
Primary anchors and diaphragm struts shall be designed in accordance with the requirements of Section 1613.9.8.
1613.9.5.4 Limitations. The following lateral -force-resisting elements shall not be designed to resist seismic forces below the base level diaphragm in the downhill direction:
1. Wood structural panel wall sheathing,
2. Cement plaster and lath,
3. Gypsum wallboard, and
4. Tension only braced frames.
Braced frames designed in accordance with the requirements of Section 2202.2.1.2 may be used to transfer forces from the primary anchors and diaphragm struts to the foundation provided lateral forces do not induce flexural stresses in any member of the frame or in the diaphragm struts. Deflections of frames shall account for the variation in slope of diagonal members when the frame is not rectangular.
1613.9.6 Base Shear Resistance - Secondary Anchors.
1613.9.6.1 General. In addition to the primary anchors required by Section 1613.9.5, the base shear in the downhill direction shall be resisted through secondary anchors in the uphill foundation connected to diaphragm struts in the base level diaphragm.
Exception: Secondary anchors are not required where
foundations extending in the downhill direction spaced at not more than 30 feet (9144 mm) on center extend up to and are directly connected to the base level diaphragm for at least 70% of the diaphragm depth.
1613.9.6.2 Secondary Anchor Capacity and Spacing. Secondary anchors at the base level diaphragm shall be designed for a 372
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minimum force equal to the base shear, including forces tributary to the base level diaphragm, but not less than 600 pounds per lineal foot (8.76 kN/m) based on Allowable Stress Design (ASD) levels.
The secondary anchors shall be uniformly distributed along the uphill diaphragm edge and shall be spaced a maximum of 4 feet (1219 mm) on center.
1613.9.6.3 Design. Secondary anchors and diaphragm struts shall be designed in accordance with Section 1613.9.8.
1613.9.7 Diaphragms Below the Base L evel - Downhill Direction. The following provisions shall apply to the lateral analysis and design of the connections for all diaphragms below the base level diaphragm in the downhill direction.
1613.9.7.1 Diaphragm D efined. Every floor level below the base level diaphragm shall be designed as a diaphragm.
1613.9.7.2 Design F orce. Each diaphragm below the base level diaphragm shall be designed for all tributary loads at that level using a minimum seismic force factor not less than the base shear coefficient.
1613.9.7.3 Design Force R esistance - Primary A nchors. The design force described in Section 1613. 9.7.2 shall be resisted through primary anchors from diaphragm struts provided in each diaphragm to the foundation. Primary anchors shall be provided and designed in accordance with the requirements and limitations of Section 1613.9.5.
1613.9.7.4 Design Force Resistance - Secondary Anchors.
1613.9.7.4.1 General. In addition to the primary anchors required in Section 1613. 9.7.3, the design force in the downhill direction shall be resisted through secondary
anchors in the uphill foundation connected to diaphragm struts in each diaphragm below the base level.
Exception: Secondary anchors are not required where
foundations extending in the downhill direction, spaced at not more than 30 feet (9144 mm) on center, extend
up to and are directly connected to each diaphragm
below the base level for at least 70% of the diaphragm
depth.
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1613.9.7.4.2: Secondary Anchor C apacity. Secondary
anchors at each diaphragm below the base level diaphragm shall be designed for a minimum force equal to the design force but not less than 300 pounds per lineal foot (4.38 kN/m) based on Allowable Stress Design (ASD) levels. The
secondary anchor s shall be uniformly distributed along the uphill diaphragm edge and shall be spaced a maximum of 4 feet (1219 mm) on center.
1613.9.7.4.3: Design. Secondary anchors and diaphragm
struts shall be designed in accordance with Section 1613.9.8.
1613.9.8 Primary and S econdary Anchorage and Diaphragm Strut Design. Primary and secondary anchors and diaphragm struts shall be designed in accordance with the following provisions:
1. Fasteners. All bolted fasteners used to develop connections to wood members shall be provided with square plate washers at all bolt heads and nuts. Washers shall be minimum 0.229 inch by 3 inches by 3 inches (5.82 mm by 76 mm by 76 mm) in size. Nuts shall be tightened to finger tight plus one half (1/2) wrench turn prior to covering the framing.
2. Fastening. The diaphragm to foundation anchorage shall not be accomplished by the use of toenailing, nails subject to withdrawal, or wood in cross-grain bending or cross-grain tension.
3. Size of Wood Members. Wood diaphragm struts collectors, and other wood members connected to primary anchors shall not be less than 3 inch (76 mm) nominal width. The effects of eccentricity on wood members shall be evaluated as required per Item 9.
4. Design. Primary and secondary anchorage, including diaphragm struts, splices, and collectors shall be designed for 125% of the tributary force.
5. Allowable Stress Increase. The one- third allowable stress increase permitted under Section 1605.2 shall not be taken when the working (allowable) stress design method is used.
6. Steel Element of Structural Wall Anchorage System. The strength design forces for steel elements of the structural wall anchorage system, with the exception of anchor bolts and reinforcing steel, shall be increased by 1.4 times the forces otherwise required.
7. Primary Anchors. The load path for primary anchors and diaphragm struts shall be fully developed into the diaphragm and into the foundation. The foundation must be shown to be adequate to resist the concentrated loads from the primary anchors.
8. Secondary Anchors. The load path for secondary anchors and diaphragm struts shall be fully developed in the diaphragm but need not be developed beyond the connection to the foundation.
9. Symmetry. All lateral force foundation anchorage and diaphragm strut connections shall be symmetrical. Eccentric connections may be 374
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permitted when demonstrated by calculation or tests that all components of force have been provided for in the structural analysis or tests.
10. Wood Ledgers. Wood ledgers shall not be used to resist cross -grain bending or cross-grain tension.
1613.9.9 Lateral -force-resisting elements normal to the downhill direction.
1613.9.9.1 General. In the direction normal to the downhill direction, lateral-force-resisting elements shall be designed in accordance with the requirements of this section.
1613.9.9.2 Base Shear. In developing the base shear for seismic design, the response modification coefficient (R) shall not exceed 5 for bearing wall and building frame systems.
1613.9.9.3 Vertical Distribution of Seismic F orces. For seismic forces acting normal to the downhill direction the distribution of seismic forces over the height of the building using Section 12.8.3 of ASCE 7 shall be determined using the height measured from the top of the lowest level of the building foundation.
1613.9.9.4 Drift L imitations. The story drift below the base level diaphragm shall not exceed 0.007 times the story height at strength design force level . The total drift from the base level diaphragm to the top of the foundation shall not exceed 3/4 inch (19 mm). Where the story height or the height from the base level diaphragm to the top of the foundation varies because of a stepped footing or story offset, the height shall be measured from the average height of the top of the foundation. The story drift shall not be reduced by the effect of horizontal diaphragm stiffness.
1613.9.9.5 Distribution of Lateral Forces.
1613.9.9.5.1 General. The design lateral force shall be distributed to lateral -force-resisting elements of varying heights in accordance with the stiffness of each individual element.
1613.9.9.5.2 Wood S tructural Panel Sheathed W alls. The stiffness of a stepped wood structural panel shear wall may be determined by dividing the wall into adjacent rectangular elements, subject to the same top of wall deflection.
Deflections of shear walls may be estimated by AWC SDPWS Section 4.3.4. Sheathing and fastening requirements for the stiffest section shall be used for the entire wall. Each section of wall shall be anchored for shear and uplift at each step. The 375
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minimum horizontal length of a step shall be 8 feet (2438 mm) and the maximum vertical height of a step shall be 2 feet 8 inches (813 mm).
1613.9.9.5.3 Reinforced Concrete or Masonry Shear
Walls. Reinforced concrete or masonry shear walls shall have forces distributed in proportion to the rigidity of each section of the wall.
1613.9.9.6 Limitations. The following lateral force- resisting- elements shall not be designed to resist lateral forces below the base level diaphragm in the direction normal to the downhill direction:
1. Cement plaster and lath,
2. Gypsum wallboard, and
3. Tension-only braced frames.
Braced frames designed in accordance with the requirements of Section 2202.2.1.2 of this Code may be designed as lateral -force- resisting elements in the direction normal to the downhill direction, provided lateral forces do not induce flexural stresses in any member of the frame. Deflections of frames shall account for the variation in slope of diagonal members when the frame is not rectangular.
1613.9.10 Specific Design Provisions.
1613.9.10.1 Footings and Grade B eams. All footings and grade beams shall comply with the following:
1. Grade beams shall extend at least 12 inches (305 mm) below the lowest adjacent grade and provide a minimum 24 inch (610 mm) distance horizontally from the bottom outside face of the grade beam to the face of the descending slope.
2. Continuous footings shall be reinforced with at least two No. 4 reinforcing bars at the top and two No. 4 reinforcing bars at the bottom.
3. All main footing and grade beam reinforcement steel shall be bent into the intersecting footing and fully developed around each corner and intersection.
4. All concrete stem walls shall extend from the foundation and reinforced as required for concrete or masonry walls.
1613.9.10.2 Protection against decay and termites. All wood to earth separation shall comply with the following:
1. Where a footing or grade beam extends across a descending slope, the stem wall, grade beam, or footing shall extend up 376
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to a minimum 18 inches (457 mm) above the highest adjacent grade.
Exception: At paved garage and doorway entrances to the building, the stem wall need only extend to the finished concrete slab, provided the wood framing is protected with a moisture proof barrier.
2. Wood ledgers supporting a vertical load of more than 100 pounds per lineal foot (1.46 kN/m) based on Allowable Stress Design (ASD) levels and located within 48 inches (1219 mm) of adjacent grade are prohibited. Galvanized steel ledgers and anchor bolts, with or without wood nailers, or treated or decay resistant sill plates supported on a concrete or masonry seat, may be used.
1613.9.10.3 Sill Plates. All sill plates and anchorage shall comply with the following:
1. All wood framed walls, including nonbearing walls, when resting on a footing, foundation, or grade beam stem wall, shall be supported on wood sill plates bearing on a level surface.
2. Power-driven fasteners shall not be used to anchor sill plates except at interior nonbearing walls not designed as shear walls.
1613.9.10.4 Column Base Plate Anchorage. The base of isolated wood posts (not framed into a stud wall) supporting a vertical load of 4,000 pounds (17.8 kN) based on Allowable Stress Design (ASD) levels or more and the base plate for a steel column shall comply with the following:
1. When the post or column is supported on a pedestal
extending above the top of a footing or grade beam, the pedestal shall be designed and reinforced as required for concrete or masonry columns. The pedestal shall be
reinforced with a minimum of four No. 4 bars extending to the bottom of the footing or grade beam. The top of exterior pedestals shall be sloped for positive drainage.
2. The base plate anchor bolts or the embedded portion of the post base, and the vertical reinforcing bars for the pedestal, shall be confined with two No. 4 or three No. 3 ties within the top 5 inches (127 mm) of the concrete or masonry pedestal.
The base plate anchor bolts shall be embedded a minimum of 20 bolt diameters into the concrete or masonry pedestal. The 377
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base plate anchor bolts and post bases shall be galvanized and each anchor bolt shall have at least 2 galvanized nuts above the base plate.
1613.9.10.5 Steel beam to column supports. All steel beam to column supports shall be positively braced in each direction. Steel beams shall have stiffener plates installed on each side of the beam web at the column. The stiffener plates shall be welded to each beam flange and the beam web. Each brace connection or structural member shall consist of at least two 5/8 inch (15.9 mm) diameter machine bolts.”
9-1-2-1613.10: SUSPENDED CEILINGS:
The following section is added to Chapter 16, Part 2 of the CBC to read as follows:
“1613.10 Suspended ceilings. Minimum design and installation standards for suspended ceilings shall be determined in accordance with the requirements of Section 2506.2.1 of this Code and this section.
1613.10.1 Scope. This part contains special requirements for suspended ceilings and lighting systems. Provisions of Section 13.5.6 of ASCE 7 shall apply except as modified herein.
1613.10.2 General. The suspended ceilings and lighting systems shall be limited to 6 feet (1828 mm) below the structural deck unless the lateral bracing is designed by a licensed engineer or architect.
1613.10.3 Sprinkler heads. All sprinkler heads (drops) except fire- resistance-rated floor/ceiling or roof/ceiling assemblies, shall be designed to allow for free movement of the sprinkler pipes with oversize rings, sleeves or adaptors through the ceiling tile. Sprinkler heads and other penetrations shall have a 2 inch (50mm) oversize ring, sleeve, or adapter through the ceiling tile to allow for free movement of at least 1 inch (25mm) in all horizontal directions. Alternatively, a swing joint that can accommodate 1 inch (25 mm) of ceiling movement in all horizontal directions is permitted to be provided at the top of the sprinkler head extension.
Sprinkler heads penetrating fire-resistance-rated floor/ceiling or roof/ceiling assemblies shall comply with Section 714 of this Code.
1613.10.4 Special R equirements for Means of E gress. Suspended ceiling assemblies located along means of egress serving an occupant load of 30 or more shall comply with the following provisions.
1613.10.4.1 General. Ceiling suspension systems shall be connected and braced with vertical hangers attached directly to the structural deck along the means of egress serving an occupant load 378
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of 30 or more and at lobbies accessory to Group A Occupancies.
Spacing of vertical hangers shall not exceed 2 feet (610 mm) on center along the entire length of the suspended ceiling assembly located along the means of egress or at the lobby.
1613.10.4.2 Assembly device. All lay-in panels shall be secured to the suspension ceiling assembly with two hold- down clips minimum for each tile within a 4 -foot (1219 mm) radius of the exit lights and exit signs.
1613.10.4.3 Emergency systems. Independent supports and braces shall be provided for light fixtures required for exit illumination.
Power supply for exit illumination shall comply with the requirements of Section 1008.3 of this Code.
1613.10.4.4 Supports for appendage. Separate support from the structural deck shall be provided for all appendages such as light fixtures, air diffusers, exit signs, and similar elements.”
9-1-2-1704.6: STRUCTURAL OBSERVATIONS:
Section 1704.6 of Chapter 17, Part 2 of the CBC is amended and restated as follows:
“1704.6 Structural observations. Where required by the provisions of Section 1704.6.1 the owner or the owner’s authorized agent shall employ a structural observer to perform structural observations. The structural observer shall visually observe representative locations of structural systems, details and load paths for general conformance to the approved construction documents. Structural observation does not include or waive the responsibility for the inspections in CBC Section 110 or the special inspecti ons in CBC Section 1705 or other sections of this code. The structural observer shall be one of the following individuals:
1. The registered design professional responsible for the structural design, or
2. A registered design professional designated by the registered design professional responsible for the structural design.
Prior to the commencement of observations, the structural observer shall submit to the building official a written statement identifying the frequency and extent of structural observations.
The owner or owner’s authorized agent shall coordinate and call a preconstruction meeting between the structural observer, contractors, affected subcontractors and special inspectors. The structural observer shall preside over the meeting. The purpose of t he meeting shall be to identify the major structural elements and connections that affect the vertical and lateral load resisting systems of the structure and to review scheduling of the required observations. A record of the meeting shall be included in the report submitted to the building official. 379
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Observed deficiencies shall be reported in writing to the owner or owner’s authorized agent, special inspector, contractor and the building official. Upon the form prescribed by the building official, the structural observer shall submit to the building official a written statement at each significant construction stage stating that the site visits have been made and identifying any reported deficiencies which, to the best of the structural observer’s knowledge, have not been resolved. A final report by the structural observer which states that all observed deficiencies have been resolved is required before acceptance of the work by the building official.”
9-1-2-1704.6.1: STRUCTURAL OBSERVATIONS FOR S TRUCTURES: Section 1704.6.1 of Chapter 17, Part 2 of the CBC is amended and restated as follows:
“1704.6.1 Structural observations for structures. Structural observations shall be provided for those structures where one or more of the following conditions exist:
1. The structure is classified as Risk Category III or IV.
2. The structure is a high-rise building.
3. A lateral design is required for the structure or portion thereof.
Exception: One-story wood framed Group R-3 and Group U Occupancies less than 2,000 square feet in area, provided the adjacent grade is not steeper than 1 unit vertical in 10 units horizontal (10% sloped), assigned to Seismic Design Category D.”
4. Such observation is required by the registered design professional responsible for the structural design.
5. Such observation is specifically required by the building official.
9-1-2-1705.3: CONCRETE CONSTRUCTION:
Section 1705.3 of Chapter 17, Part 2 of the CBC is amended and restated as follows:
“1705.3 Concrete construction. The special inspections and tests for concrete construction shall be performed in accordance with this section and Table 1705.3.
Exceptions: Special inspections and tests shall not be required for:
1. Isolated spread concrete footings of buildings three stories or less above grade plane that are fully supported on earth or rock where the structural design of the footing is based on a specified compressive strength, f’c, not more than 2,500 pounds per square inch (psi) (17.2 Mpa) regardless of the compressive strength specified in the construction documents or used in the footing construction.
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2. Continuous concrete footings supporting walls of buildings three stories or less above grade plane that are fully supported on earth or rock where:
2.1. The footings support walls of light-frame construction;
2.2. The footings are designed in accordance with Table 1809.7; or
2.3. The structural design of the footing is based on a specified compressive strength, f’c, not more than 2,500 pounds per square inch (psi) (17.2 Mpa), regardless of the compressive strength specified in the construction documents or used in the footing construction.
3. Nonstructural concrete slabs supported directly on the ground, including prestressed slabs on grade, where the effective prestress in the concrete is less than 150 psi (1.03 Mpa).
4. Concrete patios, driveways and sidewalks, on grade.”
9-1-2-1705.13: SPECIAL INSPECTIONS FOR SEISMIC RESISTANCE:
Section 1705.13 of Chapter 17, Part 2 of the CBC is amended and restated as follows:
“1705.13 Special inspections for seismic resistance. Special inspections for seismic resistance shall be required as specified in Sections 1705.13 .1 through 1705.13.9, unless exempted by the exceptions of Section 1704.2.
Exception: The special inspections specified in Sections 1705.1 3.1 through 1705.13.9 are not required for structures designed and constructed in accordance with one of the following:
1. The structure consists of light-frame construction; the design spectral response acceleration at short periods, S
DS, as determined in
Section 1613.2.4, does not exceed 0.5; and the building height of the structure does not exceed 35 feet (10 668 mm).
2. The seismic force- resisting system of the structure consists of reinforced masonry or reinforced concrete; the design spectral response acceleration at short periods, S
DS, as determined in
Section 1613.2.4, does not exceed 0.5; and the building height of the structure does not exceed 25 feet (7620 mm)
3. The structure is a detached one- or two -family dwelling not exceeding two stories above grade plane, is not assigned to Seismic Design Category D, E or F, and does not have any of the following horizontal or vertical irregularities in accordance with Section 12.3 of ASCE 7:
3.1 Torsional or extreme torsional irregularity.
3.2 Nonparallel systems irregularity.
3.3 Stiffness-soft story or stiffness-extreme soft story irregularity.
3.4 Discontinuity in lateral strength-weak story irregularity.” 381
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9-1-2-1807.1.4: PERMANENT WOOD FOUNDATION SYSTEMS:
Section 1807.1.4 of Chapter 18, Part 2 of the CBC is amended and restated as follows:
“1807.1.4 Permanent wood foundation systems. Permanent wood foundation systems shall be designed and installed in accordance with AWC PWF. Lumber and plywood shall be treated in accordance with AWPA U1 (Commodity Specification A, Special Requirement 4.2) and shall be identified in accordance with Section 2303.1.9.1. Permanent wood foundation systems shall not be used for structures assigned to Seismic Design Category D, E or F.”
9-1-2-1807.1.6: PRESCRIPTIVE DESIGN OF CONCRETE AND MASONRY FOUNDATION WALLS:
Section 1807.1.6 of Chapter 18, Part 2 of the CBC is amended and restated 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.”
9-1-2-1807.2: RETAINING WALLS:
Section 1807.2 of Chapter 18, Part 2 of the CBC is amended and restated as follows:
“1807.2 Retaining walls. Retaining walls shall be designed in accordance with Section 1807.2.1 through 1807.2. 4. Retaining walls assigned to Seismic Design Category D, E or F shall not be partially or wholly constructed of wood.”
9-1-2-1809.3: STEPPED FOOTINGS:
Section 1809.3 of Chapter 18, Part 2 of the CBC is amended and restated as follows:
“1809.3 Stepped footings. The top surface of footings shall be level. The bottom surface of footings shall be permitted to have a slope not exceeding one unit vertical in 10 units horizontal (10 percent slope). Footings shall be stepped where it is necessary to change the elevation of the top surface of the footing or where the surface of the ground slopes more than one unit vert ical in 10 units horizontal (10 percent slope).
For structures assigned to Seismic Design Category D, E or F, the stepping requirement shall also apply to the top surface of continuous footings supporting walls. Footings shall be reinforced with four No. 4 deformed reinforcing bars. Two bars shall be pl aced at the top and bottom of the footings as shown in Figure 1809.3.
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FIGURE 1809.3STEPPED FOOTING”
9-1-2-1809.7: PRESCRIPTIVE FOOTINGS FOR LIGHT-FRAME CONSTRUCTION:
Section 1809.7 and Table 1809.7 of Chapter 18, Part 2 of the CBC are amended and restated as follows:
“1809.7 Prescriptive footings for light-frame construction. Where a specific design is not provided, concrete or masonry-unit footings supporting walls of light-frame construction shall be permitted to be designed in accordance with Table 1809.7. Light-frame construction using prescriptive footings in Table 1809.7 shall not exceed one story above grade plane for structures assigned to Seismic Design Category D, E or F.
TABLE 1809.7
PRESCRIPTIVE FOOTINGS SUPPORTING WALLS OF
LIGHT-FRAME CONSTRUCTION
a, b, d, e
NUMBER OF FLOORS
SUPPORTED BY THE
FOOTING f
WIDTH OF
FOOTING
(inches)
THICKNESS OF
FOOTING (inches)
1 12 6
2 15 6
3 18 8
For SI: 1 inch = 25.4 mm, 1 foot = 304.8 mm
a. Depth of footings shall be in accordance with Section 1809.4. b. The ground under the floor shall be permitted to be excavated to the elevation of the top of the footing.
d. See Section 1905 for additional requirements for concrete footings of structures assigned to Seismic Design Category C, D, E or F.
e. For thickness of foundation walls, see Section 1807.1.6. f. Footings shall be permitted to support a roof addition to the stipulated number of floors. Footings supporting roof only shall be as required for supporting one floor.”
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9-1-2-1809.12: TIMBER FOOTINGS:
Section 1809.12 of Chapter 18, Part 2 of the CBC is amended and restated as follows:
“1809.12 Timber footings. Timber footings shall be permitted for buildings of Type V construction and as otherwise approved by the Building Official. Such footings shall be treated in accordance with AWPA U1 (Commodity Specification A, Use Category 4B). Treated timbers are not required where placed entirely below permanent water level, or where used as capping for wood piles that project above the water level over submerged or marsh lands. The compressive stresses perpendicular to grain in untreated timber footings supported on treated piles shall not exceed 70 percent of the allowable stresses for the species and grade of timber as specified in the ANSI/AWC NDS. Timber footings shall not be used in structures assigned to Seismic Design Category D, E or F.”
9-1-2-1810.3.2.4: TIMBER:
Section 1810.3.2.4 of Chapter 18, Part 2 of the CBC is amended and restated as follows:
“1810.3.2.4 Timber. Timber deep foundation elements shall be designed as piles or poles in accordance with ANSI/AWC NDS. Round timber elements shall conform to ASTM D25. Sawn timber elements shall conform to DOC PS -20.
Timber deep foundation elements shall not be used in structures assigned to Seismic Design Category D, E or F.”
9-1-2-1905.1: CONCRETE – SEISMIC REQUIREMENTS:
Section 1905.1 of Chapter 19, Part 2 of the CBC is amended and restated as follows:
“1905.1 General. The text of ACI 318 shall be modified as indicated in the following subsections.”
9-1-2-1905.6.2: ACI 318, SECTION 14.1.4:
Section 1905.6.2 of Chapter 19, Part 2 of the CBC is amended and restated as follows:
"1905.6.2 ACI 318, Section 14.1.4. Delete ACI 318, Section 14.1.4 and replace with the following:
14.1.4 – Plain concrete in structures assigned to Seismic Design Category C, D, E or F.
14.1.4.1 – Structures assigned to Seismic Design Category C, D, E or F shall not have elements of structural plain concrete, except as follows:
(a) Concrete used for fill with a minimum cement content of two (2) sacks of Portland cement or cementitious material per cubic yard. (b) Isolated footings of plain concrete supporting pedestals or columns are permitted, provided the projection of the footing beyond the face of the supported member does not exceed the footing thickness. 384
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(c) Plain concrete footings supporting walls are permitted provided the footings have at least two continuous longitudinal reinforcing bars. Bars shall not be smaller than No. 4 and shall have a total area of not less than 0.002 times the gross cross -sectional area of the footing. A minimum of one bar shall be provided at the top and bottom of the footing. Continuity of reinforcement shall be provided at corners and intersections.
Exception:
1. Detached one- and two- family dwellings three stories or less in height and constructed with stud-bearing walls, are permitted to have plain concrete footings with at least two continuous longitudinal reinforcing bars not smaller than No. 4 are permitted to have a total area of less than 0.002 times the gross cross -sectional area of the footing.”
9-1-2-1905.8: ACI 318, SECTION 18.7.5:
The following section is added to Chapter 19, Part 2 of the CBC:
“19059.8311 ACI 318, Section 18.7.5. Modify ACI 318, Section 18.7.5, by adding the following subsections to read as follows:
18.7.5.8 - Where the calculated point of contraflexure is not within the middle half of the member clear height, provide transverse reinforcement as specified in ACI 318 Sections 18.7.5.1, Items (a) through (c), over the full height of the member.
18.7.5.9 – At any section where the design strength,
ϕPn, of the column is
less than the sum of the shears V e computed in accordance with ACI 318 Sections 18.7.6.1 and 18.6.5.1 for all the beams framing into the column above the level under consideration, transverse reinforcement as specified in ACI 318 Sections 18.7.5.1 through 18.7.5.3 shall be provided. For beams framing into opposite sides of the column, the moment components are permitted to be assumed to be of opposite sign. For the determination of the design strength,
ϕPn, of the column, these moments are permitted to be
assumed to result from the deformation of the frame in any one principal axis.”
9-1-2-1905.9: ACI 318, SECTION 18.10.4:
The following section is added to Chapter 19, Part 2 of the CBC:
“19059.932 ACI 318, Section 18.10.4. Modify ACI 318, Section 18.10.4, by adding subsection 18.10.4.7 to read as follows:
18.10.4.7 – Walls and portions of walls with P
u > 0.35P o shall not be
considered to contribute to the calculated shear strength of the structure for 385
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resisting earthquake- induced forces. Such walls shall conform to the requirements of ACI 318 Section 18.14.”
9-1-2-1905.10: ACI 318, SECTION 18.12.6:
The following section is added to Chapter 19, Part 2 of the CBC:
“19059.1033 ACI 318, Section 18.12.6. Modify ACI 318, Section 18.12.6, by adding subsection 18.12.6.2 to read as follows:
18.12.6.2 - Collector and boundary elements in topping slabs placed over precast floor and roof elements shall not be less than 3 inches (76 mm) or 6 d
b in thickness, where d b is the diameter of the largest reinforcement in the topping slab.”
9-1-2-2304.10.2: FASTENER REQUIREMENTS:
Section 2304.10.2 of Chapter 23, Part 2 of the CBC is amended and restated as follows:
“2304.10.2 Fastener requirements. Connections for wood members shall be designed in accordance with the appropriate methodology in Section 2302.1. The number and size of fasteners connecting wood members shall not be less than that set forth in Table 2304.10.2. Staple fasteners in Table 2304.10.2 shall not be used to resist or transfer seismic forces in structures assigned to Seismic Design Category D, E or F.”
9-1-2-2304.10.3.1: QUALITY OF NAILS:
The following section is added to Chapter 23, Part 2 of the CBC:
“2304.10.3.1 Quality of nails. In Seismic Design Category D, E or F, mechanically driven nails used in wood structural panel shear walls shall meet the same dimensions as that required for hand- driven nails, including diameter, minimum length and minimum head diameter. Clipped head or box nails are not permitted in new construction. The allowable design value for clipped head nails in existing construction may be taken at no more than the nail -head-area ratio of that of the same size hand-driven nails.”
9-1-2-2304.12.2.8: WOOD USED IN RETAINING WALLS AND CRIBS:
Section 2304.12.2.8 of Chapter 23, Part 2 of the CBC is amended and restated as follows:
“2304.12.2.8 Wood used in retaining walls and cribs. Wood installed in retaining or crib walls shall be preservative treated in accordance with AWPA U1 for soil and freshwater use. Wood shall not be used in retaining or crib walls for structures assigned to Seismic Design Category D, E or F.”
9-1-2-2305.4: HOLD-DOWN CONNECTORS:
The following section is added to Chapter 23, Part 2 of the CBC:
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“2305.4 Hold -down connectors. In Seismic Design Category D, E or F, hold- down connectors shall be designed to resist shear wall overturning moments using approved cyclic load values or 75 percent of the allowable seismic load values that do not consider cyclic loading of the product. Connector bolts into wood framing shall require steel plate washers on the post on the opposite side of the anchorage device. Plate size shall be a minimum of 0.229 inch by 3 inches by 3 inches (5.82 mm by 76 mm by 76 mm) in size. Hold-down connectors shall be tightened to finger tight plus one half (1/2) wrench turn just prior to covering the wall framing.”
9-1-2-2306.2: WOOD-FRAME DIAPHRAGMS:
Section 2306.2 of Chapter 23, Part 2 of the CBC is amended and restated as follows:
“2306.2 Wood-frame diaphragms. Wood-frame diaphragms shall be designed and constructed in accordance with AWC SDPWS. Where panels are fastened to framing members with staples, requirements and limitations of AWC SDPWS shall be met and the allowable shear values set forth in Table 2306.2(1) or 2306.2(2) shall only be permitted for structures assigned to Seismic Design Category A, B, or C.
The allowable shear values in Tables 2306.2(1) and 2306.2(2) are permitted to be increased 40 percent for wind design.
Wood structural panel diaphragms used to resist seismic forces in structures assigned to Seismic Design Category D, E or F shall be applied directly to the framing members.
Exception: Wood structural panel diaphragms are permitted to be fastened over solid lumber planking or laminated decking, provided the panel joints and lumber planking or laminated decking joints do not coincide.”
9-1-2-2306.3: WOOD-FRAME SHEAR WALLS:
Section 2306.3 of Chapter 23, Part 2 of the CBC is amended and restated as follows:
“2306.3 Wood-frame shear walls. Wood-frame shear walls shall be designed and constructed in accordance with AWC SDPWS. For structures assigned to Seismic Design Category D, E, or F, application of Tables 4.3A and 4.3B of AWC SDPWS shall include the following:
1. Wood structural panel thickness for shear walls shall not be less than 3/8 inch thick and studs shall not be spaced at more than 16 inches on center.
2. The maximum nominal unit shear capacities for 3/8 inch wood structural panels resisting seismic forces in structures assigned to Seismic Design Category D, E or F is 400 pounds per linear foot (plf).
3. Nails shall be placed not less than 1/2 inch in from the panel edges and not less than 3/8 inch from the edge of the connecting members for shear greater than 350 plf using ASD or 500 plf using LRFD. Nails shall be placed not less 387
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than 3/8 inch from panel edges and not less than 1/4 inch from the edge of the connecting members for shears of 350 plf or less using ASD or 500 plf or less using LRFD.
4. Table 4.3B application is not allowed for structures assigned to Seismic Design Category D, E, or F.
For structures assigned to Seismic Design Category D, application of Table 4.3C of AWC SDPWS shall not be used below the top level in a multi-level building.
Where panels are fastened to framing members with staples, requirements and limitations of AWC SDPWS shall be met and the allowable shear values set forth in Table 2306.3(1), 2306.3(2) or 2306.3(3) shall only be permitted for structures assigned to Seismic Design Category A, B, or C.
The allowable shear values in Tables 2306.3(1) and 2306.3(2) are permitted to be increased 40 percent for wind design. Panels complying with ANSI/APA PRP-210 shall be permitted to use design values for Plywood Siding in the AWC SDPWS.”
9-1-2-2307.2: LRFD DESIGN - WOOD-FRAME SHEAR WALLS:
The following section is added to Chapter 23, Part 2 of the CBC:
“2307.2 Wood-frame shear walls. Wood-frame shear walls shall be designed and constructed in accordance with Section 2306.3 as applicable.”
9-1-2-2308.10: WALL BRACING:
Table 2308.10.1 of Chapter 23, Part 2 of the CBC is amended and restated as follows:
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9-1-2-2308.10.5.1: ALTERNATE BRACED WALL (ABW):
Section 2308. 10.5.1 and Figure 2308. 10.5.1, of Chapter 23, Part 2 of the CBC are amended and restated as follows:
“2308.10.5.1 Alternate b raced wall (ABW). An ABW shall be constructed in accordance with this section and Figure 2308.10.5.1. In one-story buildings, each panel shall have a length of not less than 2 feet 8 inches (813 mm) and a height of not more than 10 feet (3048 mm). Each panel shall be sheathed on one face with 3/8-inch (3.2 mm) minimum-thickness wood structural panel sheathing nailed with 8d common or galvanized box nails in accordance with Table 2304.10. 2 and blocked at wood structural panel edges. For structures assigned to Seismic Design Category D or E, each panel shall be sheathed on one face with 15/32- inch- minimum-thickness (11.9 mm) wood structural panel sheathing nailed with 8d common nails spaced 3 inches on panel edges, 3 inches at intermediate supports.
Two anchor bolts installed in accordance with Section 2308. 7.1 shall be provided in each panel. Anchor bolts shall be placed at each panel outside quarter points.
Each panel end stud shall have a hold- down device fastened to the foundation, capable of providing an approved uplift capacity of not less than 1,800 pou nds (8006 N). The hold- down device shall be installed in accordance with the manufacturer’s recommendations. The ABW shall be supported directly on a foundation or on floor framing supported directly on a foundation that is continuous across the entire length of the braced wall line. This foundation shall be reinforced with not less than one No. 4 bar top and bottom. Where the continuous foundation is required to have a depth greater than 12 inches (305 mm), a minimum 12- inch by 12-inch (305 mm by 305 mm) continuous footing is permitted at door openings in the braced wall line. This continuous footing shall be reinforced with not less than one No. 4 bar top and bottom. This reinforcement shall be lapped 24 inches (610 mm) with the reinforcement required in the continuous foundation located directly under the braced wall line.
Where the ABW is installed at the first story of two -story buildings, the wood structural panel sheathing shall be provided on both faces, three anchor bolts shall be placed at one- quarter points and tie- down device uplift capacity shall be not less than 3,000 pounds (13 344 N).”
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9-1-2-2308.10.5.2: PORTAL FRAME WITH HOLD-DOWNS (PFH):
Section 2308.10.5.2 and Figure 2308. 10.5.2, of Chapter 23, Part 2 of the CBC are amended and restated as follows:
“2308.10.5.2 Portal frame with hold-downs (PFH). A PFH shall be constructed in accordance with this section and Figure 2308. 10.5.2. The adjacent door or window opening shall have a full-length header.
In one-story buildings, each panel shall have a length of not less than 16 inches (406 mm) and a height of not more than 10 feet (3048 mm). Each panel shall be sheathed on one face with a single layer of 3/8-inch (9.5 mm) minimum-thickness wood structural panel sheathing nailed with 8d common or galvanized box nails in accordance with Figure 2308. 10.5.2. For structures assigned to Seismic Design Category D or E, each panel shall be sheathed on one face with 15/32- inch- minimum-thickness (11.9 mm) wood structural panel sheathing nailed with 8d common nails spaced 3 inches on panel edges, 3 inches at intermediate supports and in accordance with Figure 2308. 10.5.2. The wood structural panel sheathing shall extend up over the solid sawn or glued-laminated header and shall be nailed in accordance with Figure 2308.10.5.2. A built-up header consisting of at least two 2-inch by 12-inch (51 mm by 305 mm) boards, fastened in accordance with Item 391
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24 of Table 2304.10. 2 shall be permitted to be used. A spacer, if used, shall be placed on the side of the built -up beam opposite the wood structural panel sheathing. The header shall extend between the inside faces of the first full-length outer studs of each panel. The clear span of the header between the inner studs of each panel shall be not less than 6 feet (1829 mm) and not more than 18 feet (5486 mm) in length. A strap with an uplift capacity of not less than 1,000 pounds (4,400 N) shall fasten the h eader to the inner studs opposite the sheathing. One anchor bolt not less than 5/8 inch (15.9 mm) diameter and installed in accordance with Section 2308.7.1 shall be provided in the center of each sill plate. The studs at each end of the panel shall have a hold-down device fastened to the foundation with an uplift capacity of not less than 3,500 pounds (15 570 N).
Where a panel is located on one side of the opening, the header shall extend between the inside face of the first full -length stud of the panel and the bearing studs at the other end of the opening. A strap with an uplift capacity of not less than 1,000 po unds (4400 N) shall fasten the header to the bearing studs. The bearing studs shall also have a hold- down device fastened to the foundation with an uplift capacity of not less than 1,000 pounds (4400 N). The hold- down devices shall be an embedded strap type, installed in accordance with the manufacturer’s recommendations. The PFH panels shall be supported directly on a foundation that is continuous across the entire length of the braced wall line. This foundation shall be reinforced with not less than one N o. 4 bar top and bottom. Where the continuous foundation is required to have a depth greater than 12 inches (305 mm), a minimum 12 -inch by 12 -inch (305 mm by 305 mm) continuous footing is permitted at door openings in the braced wall line. This continuous footing shall be reinforced with not less than one No. 4 bar top and bottom. This reinforcement shall be lapped not less than 24 inches (610 mm) with the reinforcement required in the continuous foundation located directly under the braced wall line.
Where a PFH is installed at the first story of two- story buildings, each panel shall have a length of not less than 24 inches (610 mm).”
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9-1-2-2308.10.8.1: FOUNDATION REQUIREMENTS:
Section 2308.10.8.1 of Chapter 23, Part 2 of the CBC is amended and restated as follows:
“2308.10.8.1 Foundation requirements. Braced wall lines shall be supported by continuous foundations.
Exception: For structures with a maximum plan dimension not more than 50 feet (15240 mm), continuous foundations are required at exterior walls only for structures assigned to Seismic Design Category A, B, or C.
For structures in Seismic Design Categories D and E, exterior braced wall panels shall be in the same plane vertically with the foundation or the portion of the structure containing the offset shall be designed in accordance with accepted engineering practice and Section 2308.3”
9-1-2-2308.10.9: ATTACHMENT OF SHEATHING:
Section 2308.10.9 of Chapter 23, Part 2 of the CBC is amended and restated as follows:
“2308.10.9 Attachment of sheathing. Fastening of braced wall panel sheathing shall not be less than that prescribed in Tables 2308. 10.1 or 2304.10. 2. Wall 393
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sheathing shall not be attached to framing members by adhesives. Staple fasteners in Table 2304.10.2 shall not be used to resist or transfer seismic forces in structures assigned to Seismic Design Category D, E or F.
All braced wall panels shall extend to the roof sheathing and shall be attached to parallel roof rafters or blocking above with framing clips (18 gauge minimum) spaced at maximum 24 inches (6096 mm) on center with four 8d nails per leg (total eight 8d nail s per clip). Braced wall panels shall be laterally braced at each top corner and at maximum 24 inches (6096 mm) intervals along the top plate of discontinuous vertical framing.”
9-1-2-3114.1: INTERMODAL SHIPPING CONTAINERS:
Section 3114.1 of Chapter 31, Part 2 of the CBC is amended to include the following subsection:
“Exceptions:
6. Single-unit stand- alone intermodal shipping containers used as temporary storage or construction trailer on active construction sites. construction support facilities for uses and activities not directly associated with the actual processes of construction, including but not limited to, offices, meeting rooms, plan rooms, other administrative or support.”
9-1-2-3203: BUILDING ON PUBLIC EASEMENT PROHIBITED:
The following section is added to Chapter 32, Part 2 of the CBC:
“SECTION 3203
BUILDING ON PUBLIC EASEMENT PROHIBITED
3203.1 Prohibition. No person shall erect, construct, alter, repair, raise, build or move any permanent building, structure, paving, or portion thereof, upon any easement or right-of-way, reserved by the original grantor of a lot or parcel of land or conveyed, granted or dedicated to the City for drainage or public utility purposes, including the construction and maintenance of pipes, conduits, open ditches, poles, wires or other facilities for conveying gas, electricity, power, water, telephone and telegraph service or sewerage to and from property within the City, without the written consent of the City or owner of the easement or right -of-way, as the case may be. The records of the County Recorder of the County shall be prima facie, but not conclusive, proof of the existence of such easement or right - of-way.”
9-1-2-3302.4: CONSTRUCTION FENCING:
The following section is added to Chapter 33, Part 2 of the CBC:
“3302.4 Construction fencing. In addition to the requirements of Section 3306 of the California Building Code, Protection of Pedestrians, every construction site shall be enclosed by a barrier to prevent unauthorized access. 394
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The barrier shall extend the entire perimeter of the construction site. Openings shall be protected by gates that shall be kept closed and locked during non- operational hours.
EXCEPTION:
1. Construction fencing may be removed during operational hours to permit access for construction activity. The construction fencing shall be replaced during non-operational hours. Construction fencing is not required to extend beyond existing site fencing provided the fencing is located solely upon the private property upon which such work is being done.”
9-1-2-3305.1: FACILITIES REQUIRED:
Section 3305.1 of Chapter 33, Part 2 of the CBC is amended and restated as follows:
“3305.1 Facilities required. Sanitary facilities shall be provided during construction, remodeling or demolition activities in accordance with the California Plumbing Code.
EXCEPTION:
In lieu of flush water closets, chemical toilets may be provided. Chemical toilets shall be located solely upon the private property upon which such work is being done. The toilets shall be located and maintained to prevent them from becoming a nuisance to the adjoining properties.”
9-1-2-3305.2: GARBAGE CONTAINERS:
The following section is added to Chapter 33, Part 2 of the CBC:
“3305.2 Garbage containers. Garbage containers shall be provided during construction, remodeling or demolition activities. Garbage containers shall be located solely upon the private property upon which such work is being done.
The containers shall be located and maintained to prevent them from becoming a nuisance to the adjoining properties.
EXCEPTION:
Garbage containers for which a valid encroachment permit has been issued by the Public Works Department.
9-1-2-C105: (APPENDIX C) COMMERCIAL STABLES:
The following section is added to Appendix C, Part 2 of the CBC:
“SECTION C105
COMMERCIAL STABLES
C105.1 Commercial stable defined. As used in this section, “commercial stable” shall mean all enclosed structures designed or used commercially to shelter 395
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horses. Enclosure shall be by means of permanent walls beneath the roof of the structure and shall be solid except for necessary ventilation and access opening.
C105.2 Automatic fire-extinguishing systems required. All commercial stables shall be equipped with automatic fire- extinguishing systems which comply with Section 903 of the California Building Code.
C105.3 Living quarters; separation and fire-walls required. Living quarters in separate structures on the premises shall be separated from commercial stables by a 13 foot yard. Living quarters in commercial stables shall be separated from the stable area by a one-hour, unpierced occupancy separation wall.
C105.6 Exceptions.
1. Automatic fire-extinguishing systems are not required in stables of Type IA construction.
2. Existing commercial stables may install fire- resistive separations and automatic fire -extinguishing systems providing minimum coverage and approved by the Building and Fire Departments in accordance with the following minimum standards:
(a) The automatic fire- extinguishing system shall be supplied through a separate meter by a two-inch line equipped with a water-flow-alarm system.
Sprinkler heads shall be taken off the two-inch main line with a three-quarter inch line. One sprinkler head shall be installed in each stall; and in all other areas one sprinkler head shall be installed in each room division not exceeding one sprinkler head for each 100 square feet.
(b) Fire-resistive separations shall be one- hour unpierced fire- resistive separations installed in existing commercial stables in excess of 200 feet in length with separation every 400 square feet or every 40 lineal feet, whichever provides the greater number of separations.”
9-1-2-G101.6: (APPENDIX G) FLOOD -RESISTANT CONSTRUCTION- WARNING AND DISCLAIMER OF LIABILITY:
The following section is added to Appendix G, Part 2 of the CBC:
“G101.6 Warning and disclaimer of liability. The degree of flood protection required by this article is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This article does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This article shall not create liability on the part of the City, any officer or employee thereof for any flood damages that result from reliance on this article, or any administrative decision lawfully made thereunder.”
9-1-2-G103.2: (APPENDIX G) ESTABLISHMENT OF FLOOD HAZARD AREA:
Section G103.2 of Appendix G, Part 2 of the CBC is amended as follows:
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Insert: “January 1, 2011” into the [Date] field in Section G10 3.2 of Appendix G of the California Building Code.
9-1-2-G104.11: (APPENDIX G) DUTIES AND RESPONSIBILITIES OF THE FLOODPLAIN ADMINISTRATOR:
The following sections are added to Appendix G, Part 2 of the CBC:
“G104.11 Duties and responsibilities of the floodplain administrator.
G104.11.1 Definition - Floodplain administrator. "FLOODPLAIN ADMINISTRATOR" means the Public Works Director or his designee.
G104.11.2 Duties - Floodplain administrator. The duties and responsibilities of the Floodplain Administrator shall include, but not be limited to:
A. PERMIT REVIEW.
1. Review all development permits to determine that the permit requirements of this article have been satisfied;
2. All other required state and federal permits have been obtained;
3. The site is reasonably safe from flooding;
4. Require until a regulatory floodway is designated, that no new construction, substantial improvements, or other development (including fill) shall be permitted within Zones A1-30 and AE on the FIRM, unless it is demonstrated that the cumulative effec t of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within the City.
B. USE OF OTHER BASE FLOOD DATA.
When base flood elevation data has not been provided in accordance with Section 1612A of the California Building Code, the Floodplain Administrator shall determine the design flood elevations in accordance with Section G104.3, Appendix G, of the California Building Code. Any such information shall be submitted to the Council for adoption.
C. CHANGES IN WATERCOURSE.
Whenever a watercourse is to be altered or relocated:
1. Notify adjacent communities and the California Department of Water Resources prior to such alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration;
2. Require that the flood carrying capacity of the altered or relocated portion of said watercourse is maintained.
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D. PUBLIC INSPECTION.
Obtain and maintain for public inspection and make available as needed the flood hazard documentation required in Section 1612A.4 of the California Building Code.
E. INTERPRETATIONS.
Make interpretations where needed, as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Section G106, Appendix G of the California Building Code.
F. ENFORCEMENT.
Take action to remedy violations of this article as specified in Section 114 of the California Building Code.”
9-1-2-J104.5: (APPENDIX J) FEES, BONDS AND INSURANCE - EXCAVATION AND GRADING:
The following section is added to Appendix J, Part 2 of the CBC:
“ J104.5 Fees, bonds and insurance - excavation and grading.
A. Fees shall be assessed in accordance with the provisions of this section and as set forth in the Burbank Fee Resolution.
B. The Building Official shall require bonds in such form and amounts as may be deemed necessary to ensure that the work, if not completed in accordance with the approved plans and specifications, will be corrected to eliminate hazardous conditions.
(i) BOND REQUIREMENTS.
Whenever an application for a grading permit is filed for the excavation or fill of 250 cubic yards or more in the Hillside Area, as defined in Diagram 10-1-606
(A) of the Burbank Municipal Code, or for the
excavation or fill of 500 cubic yards or more in other areas, and the nature of the work is such that if left incomplete it will create a hazard to human life or endanger adjoining property, or property at a higher or lower level, or to any street or street improvement or any other public property, the Building Official shall, before issuing the grading permit, require the applicant to guarantee faithful performance and payment of labor and material in an amount determined by the Building Official, which shall be not less than 100 percent of the total estimated cost of the work, including corrective work necessary to remove or eliminate geological hazards. An additional cash deposit may be required by the Buildin g Official in the form of a cash bond sufficient to cover the cost of site cleanup and debris 398
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removal. Where grading is required on property adjacent to the grading site to complete a project satisfactorily, the owner of the adjacent property need not provide additional security if the original guarantee is of sufficient amount to include such addi tional grading. Each bond and agreement shall remain in effect until the work authorized by the grading permit is completed and approved by the Building Official.
(ii) TYPE OF BOND.
A guarantee of faithful performance and payment of labor and material, when required under the provisions of this section, shall be provided by one of the following methods:
(a) A bond executed by the applicant, as principal, and a corporate surety authorized to do business in the State of California, as surety, and in a form furnished by the Building Official and approved by the City Attorney.
(b) A cash deposit with the City.
(c) An instrument or instruments of credit from one or more financial institutions subject to regulation by the State or Federal government pledging that the funds necessary to meet the performance are on deposit and guaranteed for payment, and an agree ment that the funds designated by the instrument shall become trust funds for the purpose of securing faithful performance and payment of labor and material. The instrument of credit and the agreement shall first be approved by the City Attorney.
(iii) PROCEDURE ON DEFAULT.
(a) Whenever the Building Official shall find that a default has occurred in the performance of any term or condition of any grading permit, written notice of the fact of default shall be given to the principal and to the corporate surety, financial institution or the depositor, stating the work to be done, and the period of time deemed by the Building Official to be reasonably necessary for the completion of such work.
Thirty days after the receipt of such notice the principal or the surety shall perform or cause the required work to be performed by commencing and diligently prosecuting the work to its completio n; but if they or either or both of them should fail to commence such work within 30 days, or having so commenced the work fail, neglect or refuse to proceed diligently to complete the same within the time so specified in the notice, then the City may enter the premises and do the work, and the cost and expense of doing the work so specified shall be the obligation of the principal and the surety, and shall be a part of the terms of the performance bond in consideration of the issuance of the grading permit . The principal and surety of such bond, if any, shall upon completion of the work, be released 399
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from their obligation, after deducting and paying the City the cost of such work plus 10 percent of the total cost of such required work.
(b) If a cash bond has been posted, notice of default as provided by the preceding paragraph shall be given to the depositor, and if the depositor fails to cause the required work to be resumed as set forth in the notice within 30 days after receipt thereof, the Building Official shall proceed without delay and without further notice or proceedings whatsoever to use the cash deposited, or any portion thereof, and cause the required work to be completed by such mode as the Building Official deems convenient. After deducting the cost of such work plus 10 percent of the total cost of such required work, the balance of such cash deposit, if any, shall, upon completion of the work, be returned to the depositor or the depositor’s successor or assigns.
(c) If an instrument of credit is used to guarantee performance, notice of default shall be given, as provided in paragraph (i) hereof, to the principal and to the financial institution issuing the instrument of credit, and if the principal fails to cause the required work to be resumed as set forth in the notice within 30 days after the receipt thereof, the Building Official shall make a demand upon the financial institution for the payment of the estimated costs from the trust fund held by the financial institution pursuant to the agreement. Upon receipt of said sum, the Building Official shall proceed without delay and without further notice or proceedings whatsoever to use the sum, or any portion thereof, and cause the required work to be completed by such mode as the Building Official deems convenient.
After deducting the cost of such work plus 10 percent of the total cost of such required work, the balance of such sum, if any, shall, upon the completion of the work, be returned to the financial institution, its successors or assigns; but if the financial institution fails or refuses to pay over said sum, then Building Official shall proceed as in paragraph (1) hereof and shall look to said institution for the costs and expenses of the work, and the contractual liability of such institution therefore shall be a term or condition of its agreement.
C. INSURANCE REQUIREMENTS.
(i) PUBLIC LIABILITY AND PROPERTY DAMAGE INSURANCE.
The contractor shall assume all responsibility for damages to property, including property of the City, or injuries to persons, including accidental death, which may be caused by the contractor’s performance of work under any grading permit, whether such performance be by the contractor, his/her subcontractor or anyone directly or indirectly employed by the contractor 400
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and whether such damage shall accrue or be discovered before or after completion or termination of his/her contract. The contractor shall take out and maintain during the life of the grading permit a comprehensive liability policy, including contractual li ability, as shall adequately protect the contractor and the City from claims for such damages, naming the City as an additional insured under the policy in an amount sufficient in the estimation of the Building Official to protect the City.
(ii) CERTIFICATE OF INSURANCE.
The contractor shall furnish a certificate of insurance countersigned by an authorized agent of the insurance carrier on a form of the insurance carrier setting forth the general provisions of the insurance coverage. The City shall be named as an additional insured on a separate endorsement attached to the certificate. The separate endorsement shall contain a statement of the obligation on the part of the insurance carrier to notify the City of any material change, cancellation, or termination of the coverage at least 30 days in advance of the effective date of any such material change, cancellation, or termination. The required certificate of insurance and separate endorsement shall be furnished by the contractor prior to the issuance of the grading permit. No such certificate of insurance or separate endorsement shall qualify until it has been approved as to form by the City.”
9-1-2-J105.3: (APPENDIX J) CONSTRUCTION SITE MAINTENANCE -EXCAVATION AND GRADING:
The following section is added to Appendix J, Part 2 of the CBC:
“J105.3 Construction site maintenance-excavation and grading. Construction site maintenance, including fugitive dust control, hauling, roadway maintenance, watering, sweeping, erosion control, spillage, material and debris control, soil treatment, and environmental monitoring shall be in accordance with Article 4, Chapter 3 of Title 9 of the Burbank Municipal Code.”
9-1-2-J110.3: (APPENDIX J) MAINTENANCE OF PROTECTIVE DEVICES - EXCAVATION AND GRADING:
The following section is added to Appendix J, Part 2 of the CBC:
“J110.3 Maintenance of protective devices - excavation and grading. The owner of any property on which grading or an excavation or fill has been made pursuant to a grading permit granted hereunder, and any other person or agent in control of such property, shall maintain in good condition and repair all retaining walls, cr ibbing, drainage structures, and other protective devices, including planting, and irrigation systems, shown in the approved plans and specifications submitted with the application for a grading permit or subsequently required by the Building Official.”
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ARTICLE 2R. CALIFORNIA RESIDENTIAL CODE
9-1-2R: ADOPTION OF THE 2025 CALIFORNIA RESIDENTIAL CODE:
Part 2.5 of Title 24 of the California Code of Regulations , also known as the “ California Residential Code,” which is part of the California Building Standards Code, 2025 Edition, together with Appendices BB and BF, as adopted by the California Building Standards Commission is hereby adopted by the City of Burbank and made a part of this Code, with certain amendments, additions, and deletions as stated in this Article.
9-1-2R-R101.1: TITLE:
Section R101.1 of Chapter 1, Part 2.5 of the CBC is amended and restated as follows:
“R101.1 Title. These provisions shall be known as the Residential Code for One- and Two-family Dwellings of the City of Burbank, and shall be cited as such and will be referred to herein as “this code.””
9-1-2R-R301.1.3.2: WOODFRAME STRUCTURES : Section R301.1.3.2 of Chapter 3, Part 2.5 of the CBC is amended and restated as follows:
“R301.1.3.2 Woodframe structures. The Building Official shall require construction documents to be approved and stamped by a California licensed architect or engineer for all dwellings of woodframe construction more than two stories and basement in height located in Seismic Design Category A, B or C.
Notwithstanding other sections of law , the law establishing these provisions is found in Business and Professions Code Sections 5537 and 6737.1.
The building official shall require construction documents to be approved and stamped by a California licensed architect or engineer for all dwellings of wood frame construction more than one story in height or with a basement located in Seismic Design Category D
0, D1, or D2.”
9-1-2R-R301.1.5: SEISMIC DESIGN PROVISIONS FOR BUILDINGS CONSTRUCTED
ON OR INTO SLOPES STEEPER THAN ONE UNIT VERTICAL IN THREE UNITS HORIZONTAL (33.3 PERCENT SLOPE):
The following section is added to Chapter 3, Part 2.5 of the CBC:
“R301.1.5 Seismic design provisions for buildings constructed on or into slopes steeper than one unit vertical in three units horizontal (33.3 percent slope). The design and construction of new buildings and additions to existing buildings when constructed on or into slopes steeper than one unit vertical in three units horizontal (33.3 percent slope) shall comply with Section 9-1-2-1613.9 of the Burbank Municipal Code.”
9-1-2R-R301.2: CLIMATIC AND GEOGRAPHIC DESIGN CRITERIA:
Table R301.2(1) of Chapter 3, Part 2.5 of the CBC is amended and restated as follows:
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“Buildings shall be constructed in accordance with the provisions of this code and amended by the provisions of this section. Additional local jurisdiction criteria is set forth in Table R301.2(1) below.
TABLE R301.2(1)
CLIMATIC AND GEOGRAPHIC DESIGN CRITERIA
GROUND
SNOW LOAD
WIND DESIGN SEISMIC
DESIGN
CATEGORYf
SUBJECT TO DAMAGE FROM
SPEEDd
(MPH)
TOPOGRAPHIC
EFFECTSk WEATHERINGa
FROST
LINE
DEPTHb
TERMITEc
No 110 No D0, D1, D2 &
E
Negligible No Yes
WINTER
DESIGN
TEMPe
ICE BARRIER
UNDERLAYMENT
REQUIREDh
FLOOD HAZARDSg
AIR
FREEZING
INDEXi
MEAN
ANNUAL
TEMPj
42.3 No a. Date of regular entry: Jan. 23,
1981
b. Date of Flood Insurance Study:
Mar. 26, 1981
c. Community Number: 065018
Panel Numbers: 1328, 1329, 1330,
1335, 1337, 1339, 1345
Date of FIRM: Sept. 26, 2008
0 63.9
(For Notes a-k, see 2025 California Residential Code, Table R301.2(1))”
9-1-2R-R301.2.2.6: IRREGULAR BUILDINGS:
Subsections (1), (3), and (5) of Section R301.2.2.6 of Chapter 3, Part 2.5 of the CBC are amended and restated as follows:
“1. Shear wall or braced wall offsets out of plane. Conditions where exterior shear wall lines or braced wall panels are not in one plane vertically from the foundation to the uppermost story in which they are required.
3. Shear wall or braced wall offsets in plane . Conditions where the end of a braced wall panel occurs over an opening in the wall below.
5. Floor level offset. Conditions where portions of a floor level are vertically offset.”
9-1-2R-R301.2.2.11: ANCHORAGE OF MECHANICAL, ELECTRICAL, OR PLUMBING COMPONENTS AND EQUIPMENT:
The following section is added to Chapter 3, Part 2.5 of the CBC:
“R301.2.2.11 Anchorage of mechanical, electrical, or plumbing components and equipment. Mechanical, electrical, or plumbing components and equipment 403
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shall be anchored to the structure. Anchorage of the components and equipment shall be designed to resist loads in accordance with the California Building Code and ASCE 7, except where the component is positively attached to the structure and flexible connections are provided between the component and associated ductwork, piping, and conduit; and either
1. The component weighs 400 lb (1,780 N) or less and has a center of mass located 4 ft (1.22 m) or less above the supporting structure; or
2. The component weighs 20 lb (89 N) or less or, in the case of a distributed system, 5 lb/ft (73 N/m) or less.
9-1-2R-R401.1: FOUNDATIONS:
Section R401.1 of Chapter 4, Part 2.5 of the CBC is amended and restated as follows:
“R401.1 Application. The provisions of this chapter shall control the design and construction of the foundation and foundation spaces for buildings. In addition to the provisions of this chapter, the design and construction of foundations in flood hazard areas as established by Table R301.2 shall meet the provisions of Section R306. Wood foundations shall be designed and installed in accordance with AWC PWF.
Exception: The provisions of this chapter shall be permitted to be used for wood foundations only in the following situations:
1. In buildings that have no more than two floors and a roof.
2. When interior basement and foundation walls are constructed at intervals not exceeding 50 feet (15 240 mm).
Wood foundations in Seismic Design Category D
0, D1, or D2 shall not be permitted.
Exception: In non -occupied, single- story, detached storage sheds and similar uses other than carport or garage, provided the gross floor area does not exceed 120 square feet, the building height does not exceed 10 feet in height above the grade plane at any point, and the maximum roof projection does not exceed 24 inches.”
9-1-2R-R403.1.2: CONTINUOUS FOOTING IN SEISMIC DESIGN CATEGORIES D 0, D1
AND D2:
Section R403.1.2 of Chapter 4, Part 2.5 of the CBC is amended and restated as follows:
“R403.1.2. Continuous footing in seismic design categories D 0, D1 and D2.
Exterior walls of buildings located in Seismic Design Categories D0, D1 and D2 shall be supported by continuous solid or fully grouted masonry or concrete footings. All 404
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required interior braced wall panels in buildings located in Seismic Design Categories D0, D1 and D2 shall be supported on continuous foundations.”
9-1-2R-R403.1.3.6: ISOLATED CONCRETE FOOTINGS:
Section R403.1.3.6 of Chapter 4, Part 2.5 of the CBC is amended and restated as follows:
“R403.1.3.6. Isolated concrete footings. In detached one- and two- family dwellings located in Seismic Design Category A, B, or C, that are three stories or less in height, and constructed with stud bearing walls, isolated plain concrete footings supporting columns or pedestals are permitted.”
9-1-2R-R403.1.5: SLOPE:
Section R403.1.5 of Chapter 4, Part 2.5 of the CBC is amended and restated as follows:
“R403.1.5. Slope. The top surface of footings shall be level. The bottom surface of footings shall not have a slope exceeding 1 unit vertical in 10 units horizontal (10-percent slope). Footings shall be stepped where it is necessary to change the elevation of the top surface of the footings or where the slope of the bottom surface of the footings will exceed 1 unit vertical in 10 units horizontal (10-percent slope).
For structures assigned to Seismic Design Categories D
0, D 1 or D 2, stepped
footings shall be reinforced with four No. 4 rebar. Two bars shall be placed at the top and bottom of the footings as shown in Figure R403.1.5.
FIGURE R403.1.5
STEPPED FOOTING”
9-1-2R-R404.2: WOOD FOUNDATION WALLS:
Section R404.2 of Chapter 4, Part 2.5 of the CBC is amended and restated as follows:
“R404.2 Wood foundation walls. Wood foundation walls shall be constructed in accordance with the provisions of Sections R404.2.1 through R404.2.6 and with 405
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the details shown in Figures R403.1(2) and R403.1(3). Wood foundation walls shall not be used for structures located in Seismic Design Category D0, D1 or D2.”
9-1-2R-R501.1: FLOORS:
Section R501.1 of Chapter 5, Part 2.5 of the CBC is amended and restated as follows:
“R501.1 Application. The provisions of this chapter shall control the design and construction of the floors for buildings, including the floors of attic spaces used to house mechanical or plumbing fixtures and equipment. Mechanical or plumbing fixtures and equipment shall be attached or anchored to the structure in accordance with Section 9-1-2R-R301.2.2.11 of the Burbank Municipal Code.”
9-1-2R-R503.2.4: OPENINGS IN HORIZONTAL DIAPHRAGMS:
The following section (including Figure R503.2.4) is added to Chapter 5, Part 2.5 of the CBC:
“R503.2.4 Openings in Horizontal Diaphragms. Openings in horizontal diaphragms with a dimension perpendicular to the joist that is greater than 4 feet (1.2 m) shall be constructed in accordance with Figure R503.2.4.
1. Blockings shall be provided beyond headers.
2. Metal ties not less than 0.058 inch [1.47 mm (16 galvanized gage)] by 1.5 inches (38 mm) wide with eight 16d common nails on each side of the header- joist intersection. The metal ties shall have a minimum yield of 33,000 psi (227 MPa).
3. Openings in diaphragms shall be further limited in accordance with Section R301.2.2.6.
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FIGURE R503.2.4
OPENINGS IN HORIZONTAL DIAPHRAGMS”
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9-1-2R-R602.3(1): FASTENING SCHEDULE:
The following line items and footnotes within Table R602.3(1) of Chapter 6, Part 2.5 of the CBC are amended and restated as follows:
“TABLE R602.3(1)—continued
FASTENING SCHEDULE
ITE
M
DESCRIPTION OF
BUILDING ELEMENTS
NUMBER AND TYPE OF
FASTENER a, b, c
SPACING AND
LOCATION
20 k
1" × 6" sheathing to each
bearing
3-8d box (21/2" × 0.113"); or
2-8d common (21/2" ×
0.131"); or 2-10d box
(3" × 0.128"); or
2 staples, 1" crown, 16 ga., 13/4"
long
Face nail
21 k
1" × 8" and wider sheathing to
each bearing
3-8d box (21/2" × 0.113"); or
3-8d common (21/2" ×
0.131"); or 3-10d box
(3" × 0.128"); or
3 staples, 1" crown, 16 ga., 13/4"
long
Face nail
Wider than 1" × 8"
4-8d box (21/2" × 0.113"); or
3-8d common (21/2" ×
0.131"); or 3-10d box
(3" × 0.128"); or
4 staples, 1" crown, 16 ga., 13/4"
long
Floor
24 k
1" × 6" subfloor or less to each
joist
3-8d box (21/2" × 0.113"); or
2-8d common (21/2" ×
0.131"); or 3-10d box
(3" × 0.128"); or
2 staples, 1" crown, 16 ga., 13/4"
long
Face nail
Other wall
sheathingg
34 k
1/2" structural
cellulosic fiberboard
sheathing
11/2" x 0.120” galvanized roofing
nail, 7/16" head diameter, or 11/4"
long 16 ga. staple with 7/16" or 1"
crown
3 6
35 k
25/32" structural
cellulosic fiberboard
sheathing
13/4" x 0.120” galvanized roofing
nail, 7/16" head diameter, or 11/4"
3 6
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long 16 ga. staple with 7/16" or 1"
crown
36 k
1/2" gypsum sheathingd 11/2” x 0.120” galvanized roofing nail, 7/16” head diameter, or 1¼”
long, 16 ga.; staple galvanized,
11/2" long; 7 /16” or 1” crown or
11/4" screws, Type W or S
7 7
37 k
5/8" gypsum sheathingd 13/4" x 0.120” galvanized roofing nail, 7/16” head diameter, or 16
ga. staple galvanized, 1 5/8" long;
7 /16” or 1” crown or 1 1/4"
screws, Type W or S
7 7
For SI: 1 inch = 25.4 mm, 1 foot = 304.8 mm, 1 mile per hour = 0.447 m/s; 1 ksi =
6.895 MPa.
TABLE R602.3(1) — continued
FASTENING SCHEDULE
k. Use of staples in roof, floor, and braced wall panels shall be prohibited in Seismic Design Category D
0, D1, or D2.”
9-1-2R-R602.3.2: TOP PLATE:
The “Exception” to Section R602.3.2, the “Single Top-Plate Splice Connection Details” of Table R602.3.2, and footnote “ a” to Table R602.3.2, of Chapter 6, Part 2.5 of the CBC are amended and restated as follows:
“Exception: In other than Seismic Design Category D0, D1 or D2, a single top plate used as an alternative to a double top plate shall comply with the following:
1. The single top plate shall be tied at corners, intersecting walls, and at in- line splices in straight wall lines in accordance with Table R602.3.2.
2. The rafters or joists shall be centered over the studs with a tolerance of not more than 1 inch (25 mm).
3. Omission of the top plate is permitted over headers where the headers are adequately tied to adjacent wall sections in accordance with Table R602.3.2.
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a. Staples shall have a minimum crown width of 7/16-inch on diameter except as noted. Use of staples in roof, floor, subfloor, and braced wall panels shall be prohibited in Seismic Design Category D0, D1, or D2.”
9-1-2R-R602.10.2.3: MINIMUM NUMBER OF BRACED WALL PANELS:
Section R602.10.2.3 of Chapter 6 , Part 2.5 of the CBC is amended and restated as follows:
“R602.10.2.3 Minimum number of braced wall panels. Braced wall lines with a length of 16 feet (4877 mm) or less shall have not less than two braced wall panels of any length or one braced wall panel equal to 48 inches (1219 mm) or more.
Braced wall lines greater than 16 feet (4877 mm) shall have not less t han two braced wall panels. No braced wall panel shall be less than 48 inches in length in Seismic Design Category D
0, D1, or D2.”
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9-1-2R-R602.10.3: TABLE R602.10.3(3):
Table R602.10.3(3) of Chapter 6, Part 2.5 of the CBC is amended and restated as follows:
“
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a. Linear interpolation shall be permitted.
b. Interpolation of bracing length between the S ds values associated with the seismic design categories shall be permitted when a site-specific Sds value is determined in accordance with Section 1613.2 of the California Building Code.
c. Where the braced wall line length is greater than 50 feet, braced wall lines shall be permitted to be divided into shorter segments having lengths of 50 feet or less, and the amount of bracing within each segment shall be in accordance with this table. d. Method LIB shall have gypsum board fastened to not less than one side with nails or screws 412
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in accordance with Table R602.3(1) for exterior sheathing or Table R702.3.5 for interior gypsum board. Spacing of fasteners at panel edges shall not exceed 8 inches. e. Methods PFG and CS-SFB do not apply in Seismic Design Categories D0, D1 and D2. f. Methods PFH, PFG and ABW are only permitted on a single story or a first of two stories. g. Where more than one bracing method is used, mixing methods shall be in accordance with Section R602.10.4.1.
h. One- and two- family dwellings in Seismic Design Category D 2 exceeding two stories shall be designed in accordance with accepted engineering practice. i. Methods GB and PCP braced wall panel h/w ratio shall not exceed 1:1 in SDC D0, D1 and D2.
Methods DWB, SFB, PBS, HPS, and CS-SFB are not permitted in D0, D1 and D2.
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9-1-2R-R602.10.4: BRACING METHODS:
Table R602.10.4 of Chapter 6, Part 2.5 of the CBC is amended and restated as follows:
“
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”
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9-1-2R-R602.10.5: MINIMUM LENGTH OF BRACED WALL PANELS:
Table R602.10.5 of Chapter 6, Part 2.5 of the CBC is amended and restated as follows:
“TABLE R602.10.5 – MINIMUM LENGTH OF BRACED WALL PANELS ETHOD
(See Table R602.10.4)
MINIMUM LENGTHa
(inches)
CONTRIBUTING LENGTH
(inches) Wall Height
8 feet 9 feet 10 feet 11 feet 12 feet
DWB, WSP, SFB, PBS, PCP, HPS, BV-WSP 48 48 48 53 58 Actualb GB 48 48 48 53 58 Double sided = Actual
Single sided = 0.5 × Actual
LIB 55 62 69 NP NP Actualb
ABW
SDC A, B and C, ultimate
design
wind speed < 140 mph
28 32
34 38
42 48
SDC D0, D1 and D2, ultimate
design
wind speed < 140 mph
32 32
34 NP
NP
CS-G 24 27 30 33 36 Actualb
CS-WSP, CS-SFB
Adjacent clear opening height
(inches)
≤ 64 24 27 30 33 36
Actualb
68 26 27 30 33 36
72 27 27 30 33 36
76 30 29 30 33 36
80 32 30 30 33 36
84 35 32 32 33 36
88 38 35 33 33 36
92 43 37 35 35 36
96 48 41 38 36 36
100 — 44 40 38 38
104 — 49 43 40 39
108 — 54 46 43 41
112 — — 50 45 43
116 — — 55 48 45
120 — — 60 52 48
124 — — — 56 51
128 — — — 61 54
132 — — — 66 58
136 — — — — 62
140 — — — — 66
144 — — — — 72
METHOD
(See Table R602.10.4)
Portal header height
8 feet 9 feet 10 feet 11 feet 12 feet
PFH Supporting roof only 16 24 16 24 16 24 Note c Note c 48 Supporting one story and roof 24 24 24 Note c Note c
PFG 24 27 30 Note d Note d 1.5 × Actualb
CS-PF SDC A, B and C 16 18 20 Note e Note e 1.5 × Actualb SDC D0, D1 and D2 16 24 18 24 20 24 Note e Note e Actualb For SI: 1 inch = 25.4 mm, 1 foot = 304.8 mm, 1 mile per hour = 0.447 m/s. 416
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NP = Not Permitted.
a. Linear interpolation shall be permitted.
b. Use the actual length where it is greater than or equal to the minimum length. c. Maximum header height for PFH is 10 feet in accordance with Figure R602.10.6.2, but wall height shall be permitted to be increased to 12 feet with pony wall. d. Maximum header height for PFG is 10 feet in accordance with Figure R602.10.6.3, but wall height shall be permitted to be increased to 12 feet with pony wall. e. Maximum header height for CS-PF is 10 feet in accordance with Figure R602.10.6.4, but wall height shall be permitted to be increased to 12 feet with pony wall.”
9-1-2R-R602.10.6.1: METHOD ABW:
Figure R602.10.6.1 of Chapter 6, Part 2.5 of the CBC is amended and restated as follows:
“
”
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9-1-2R-R602.10.6.2: METHOD PFH:
Figure R602.10.6.2 of Chapter 6, Part 2.5 of the CBC is amended and restated as follows:
“
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9-1-2R-R602.10.6.4: METHOD CS-PF:
Figure R602.10.6.4 of Chapter 6, Part 2.5 of the CBC is amended and restated as follows:
“
”
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9-1-2R-R606.12.2.2.3: REINFORCEMENT REQUIREMENTS FOR MASONRY ELEMENTS:
Section R606.12.2.2.3 of Chapter 6, Part 2.5 of the CBC is amended and restated as follows:
“R606.12.2.2.3 Reinforcement requirements for masonry elements. Masonry elements listed in Section R606.12.2.2.2 shall be reinforced in either the horizontal or vertical direction as shown in Figure R606.11( 2) and in accordance with the following:
1. Horizontal reinforcement. Horizontal joint reinforcement shall consist of at least one No. 4 bar spaced not more than 48 inches (1219 mm). Horizontal reinforcement shall be provided within 16 inches (406 mm) of the top and bottom of these masonry elements.
2. Vertical reinforcement. Vertical reinforcement shall consist of at least one No. 4 bar spaced not more than 48 inches (1219 mm). Vertical reinforcement shall be within 8 inches (203 mm) of the ends of masonry walls.”
9-1-2R-R703.6: WOOD SHAKES AND SHINGLES:
Section R703.6 (including R703.6.1, R703.6.2, and R703.6.3) of Chapter 7, Part 2.5 of the CBC is deleted in its entirety and replaced with the following:
“R703.6.1 Wood shakes and shingles.
No wood shakes or wood shingles shall be installed as an exterior wall covering on any new or existing building or structure. No wood board, hardboard, or engineered wood siding, pressure-treated wood, intumescent paints, and other protective coatings shall be installed as an exterior wall covering on any new or existing building or structure in the Burbank Fire Hazard Severity Zones.
EXCEPTIONS: The following types of siding may be used:
1. Fiber-Cement siding with a Class A fire rating.
2. Vinyl siding with a Class A fire rating. Such vinyl siding shall be installed over one layer of Type X gypsum board with a minimum thickness of 1/2".
3. Alternate siding materials may be approved by the Building Official and Fire Chief in accordance with Section 104.11 of the California Building Code.
R703.6.2 Existing Wood Exterior Repairs.
Burbank Municipal Code Section 9-1-2R-R703.6.1 shall not apply:
1. When an existing building or structure with a wood exterior wall covering is subject to wood shake or wood shingle installation, addition, repair, alteration or replacement of less than 25 percent of the existing building or structure's wood exterior wall covering area over the life of the building commencing on or 420
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after the effective date of this ordinance, as long as that existing building or structure with a wood exterior wall covering is located outside of the Burbank Fire Hazard Severity Zones. No exterior repairs or installations shall be allowed in the Burbank Fire Hazard Severity Zones.
2. When an existing building or structure with a wood exterior wall covering is subject to wood shake or wood shingle installation, addition, repair, alteration or replacement of 25 percent or more of the existing building or structure's wood exterior wall covering area over the life of the building commencing on or after the effective date of this ordinance, as long as that existing building or structure with a wood exterior wall covering is located outside of the Burbank Fire Hazard Severity Zones. In such circumstances, if the building or structure is located in a commercial or industrial zone, pressure- treated wood shakes or pressure- treated wood shingles with a Class B rating shall be used with a one-hour wall and in all other areas of the City, pressur e-treated wood shakes or pressure- treated wood shingles with a Class C rating shall be used with a one-hour wall.
For the purposes of this ordinance, 25 percent of the area of wood exterior wall covering shall be calculated from the area of the wood exter ior wall covering existing on the effective date of this ordinance. No wood exterior repairs or installations shall be allowed in the Burbank Fire Hazard Severity Zones.”
9-1-2R-R803.2.4: OPENINGS IN HORIZONTAL DIAPHRAGMS.
The following section is added to Chapter 8, Part 2.5 of the CBC:
“R803.2.4 Openings in horizontal diaphragms . Openings in horizontal diaphragms shall conform with Section R503.2.4.”
9-1-2R-R806.5: UNVENTED ATTIC AND UNVENTED ENCLOSED RAFTER ASSEMBLIES:
Subsection 3 of Section R806.5 of Chapter 8, Part 2.5 of the CBC is amended and restated as follows:
“3. No wood roof covering shall be installed on any new or existing building or structure.”
9-1-2R-R902.2: FIRE-RETARDANT-TREATED SHINGLES AND SHAKES:
Section R902.2 of Chapter 9, Part 2.5 of the CBC is amended and restated as follows:
“R902.2 Fire-retardant-treated shingles and shakes. No wood roof covering shall be installed on any new or existing building or structure.”
9-1-2R-R905.7: WOOD SHINGLES:
Section R905.7 of Chapter 9, Part 2.5 of the CBC is amended and restated as follows:
“R905.7 Wood shingles. No wood roof covering shall be installed on any new or existing building or structure.”
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9-1-2R-R905.8: WOOD SHAKES:
Section R905.8 of Chapter 9, Part 2.5 of the CBC is amended and restated as follows:
“R905.8 Wood shakes. No wood roof covering shall be installed on any new or existing building or structure.”
9-1-2R-R908.4: ROOF RECOVER:
Subsection 3 of Section R908.4 of Chapter 9, Part 2.5 of the CBC is not adopted.
Section R908.4, Exception 2 of Chapter 9, Part 2.5 of the CBC is amended and restated as follows:
“2. Where the existing roof covering is slate, clay, cement, asbestos- cement tile, wood shake or wood shingle.”
9-1-2R-R908.4.1: ROOF RECOVERING OVER WOOD SHINGLES OR SHAKES:
Section R908.4.1 of Chapter 9, Part 2.5 of the CBC is amended and restated as follows:
“R908.4.1 Roof recovering over wood shingles or shakes . No roof covering shall be applied over existing wood shakes or wood shingles. When a roof has two or more layers of roof covering, any of which is wood shake or wood shingle, all layers shall be completely removed before applying a new roof covering. Existing roof recovering over wood shakes or wood shingles shall be removed and replaced no later than August 14, 2020.”
ARTICLE 3. CALIFORNIA ELECTRICAL CODE
9-1-3: ADOPTION OF 2025 CALIFORNIA ELECTRICAL CODE:
Part 3 of Title 24 of the California Code of Regulations , also known as the “ California Electrical Code,” which is part of the California Building Standards Code, 2025 Edition, together with Annexes C and I , as adopted by the California Building Standards Commission and the National Fire Protection Association is hereby adopted without local amendments, by the City of Burbank and made a part of this Code.
9-1-3-80.97: ELECTRIC VEHICLE CHARGING STATION EXPEDITED REVIEW PROCESS:
A. PURPOSE.
The purpose of this Ordinance is to promote and encourage the use of electric vehicles by creating an expedited, streamlined permitting process for electric vehicle charging stations while promoting public health and safety and preventing specific adverse impacts in the installation and use of such charging stations. This Ordinance is also purposed to comply with California Government Code Section 65850.7
.
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B. DEFINITIONS.
The following words and phrases as used in this section are defined as follows:
(1) “Electric vehicle charging station” or “charging station” means any level of electric vehicle supply equipment station that is designed and built in compliance with Article 625 of the California Electrical Code, as it reads on the effective date of this Chapter, and delivers electricity from a source outside an electric vehicle into a plug-in electric vehicle.
(2) “Specific, adverse impact” means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, and written public health or safety standards, policies, or conditions as they existed on the date of the application was deemed complete.
(3) “Electronic submittal” means the utilization of one or more of the following:
a. e-mail
b. the internet
C. EXPEDITED PERMITTING PROCESS.
Section 65850.7
of the California Government Code provides that in developing an expedited permitting process, the City shall adopt a checklist of all requirements with which electric vehicle charging stations shall comply to be eligible for expedited review.
The Building Official is hereby authorized and directed to develop and adopt such checklist. The expedited, streamlined permitting process and checklist incorporates the recommendations contained in the most current version (which may change from time to time) of the “Plug-In Electric Vehicle Infrastructure Permitting Checklist” of the “Zero- Emission Vehicles in California: Community Readiness Guidebook” as published by the Governor’s Office of Planning and Research. The checklist shall be published on the City’s website.
D. PERMIT APPLICATION PROCESSING.
1. As part of the permit application submittal, the applicant shall verify that the installation of an electric vehicle charging station will not have specific, adverse impact to public health and safety and building occupants. Verification by the applicant includes but is not limited to: electrical system capacity and loads; electrical system wiring, bonding and overcurrent protection; building infrastructure affected by charging station equipment and associated conduits; areas of charging station equipment and vehicle parking.
2. The application shall demonstrate compliance with Burbank Water and Power’s (BWP) interconnection policies.
3. A permit application that satisfies the information requirements in the City’s adopted checklist shall be deemed complete and be promptly processed. Upon confirmation by the Building Official that the permit application and supporting documents meets the requirements of the City adopted checklist; is consistent with all applicable laws and health and safety standards; and demonstrates compliance with BWP’s interconnection policies, then the Building Official shall, consistent with Government Code Sect ion 65850.7
, approve the application
and issue all necessary non- discretionary permits. Such approval does not 423
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authorize an applicant to energize or utilize the electric vehicle charging station until approval is granted by BWP. If the Building Official determines that the permit application is incomplete, he or she shall issue a written correction notice to the applicant, detailing all deficiencies in the application and any additional information required to be eligible for expedited permit issuance.
4. Consistent with Government Code Section 65850.7
, the Building Official shall
allow for electronic submittal of permit applications covered by this ordinance and associated supporting documentations. In accepting such permit applications, the Building Official shall also accept electronic signatures on all forms, applications, and other documentation in lieu of a wet signature by any applicant.
E. TECHNICAL REVIEW.
1. It is the intent of this ordinance to encourage the installation of electric vehicle charging stations by removing obstacles to permitting for charging stations so long as the action does not supersede the Building Official’s authority to address higher priority life- safety situations. If the Building Official makes a finding based on substantial evidence that the electric vehicle charging station could have a specific adverse impact upon the public health or safety, as defined in this section, the City may require the applicant to apply for a use permit. A decision affecting review of the use permit is appealable to the Community Development Director. A decision by the Community Development Director may be appealed to the Planning Board.
2. In technical review of a charging station, consistent with Government Code Section 65850.7
, the Building Official shall not condition the approval for any electric vehicle charging station permit on the approval of such a system by an association, as that term is defined by Civil Code Section 4080.
F. ELECTRIC VEHICLE CHARGING STATION INSTALLATION REQUIREMENTS.
1. Electric vehicle charging station equipment shall meet the requirements of the California Electrical Code, the Society of Automotive Engineers, the National Electrical Manufacturers Association, and accredited testing laboratories such as Underwriters Laboratories, and where applicable, rules of the Public Utilities Commission or BWP regarding safety and reliability.
2. Installation of electric vehicle charging stations and associated wiring, bonding, disconnecting means and overcurrent protective devices shall meet the requirements of Article 625 and all applicable provisions of the California Electrical Code.
3. Installation of electric vehicle charging stations shall be incorporated into the load calculations of all new or existing electrical services and shall meet the requirements of the California Electrical Code. Electric vehicle charging equipment shall be considered a continuous load.
4. Anchorage of either floor -mounted or wall -mounted electric vehicle charging stations shall meet the requirements of the California Building or Residential 424
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Code as applicable per occupancy, and the provisions of the manufacturer’s installation instructions. Mounting of charging stations shall not adversely affect building elements.
9-1-3-80.99: SMALL RESIDENTIAL ROOFTOP SOLAR ENERGY SYSTEM REVIEW PROCESS:
A. The following words and phrases as used in this section are defined as follows:
“Electronic submittal” means the utilization of one or more of the following:
1. e-mail
2. the internet
“Small residential rooftop solar energy system” means all of the following:
1. A solar energy system that is no larger than 10 kilowatts alternating current nameplate rating or 30 kilowatts thermal.
2. A solar energy system that conforms to all applicable state fire, structural, electrical, and other building codes as adopted or amended by the City and paragraph (3) of subdivision (c) of Section 714
of the Civil Code, as such
section or subdivision may be amended, renumbered, or redesignated from time to time.
3. A solar energy system that is installed on a single or duplex family dwelling.
4. A solar panel or module array that does not exceed the maximum legal building height as defined by the authority having jurisdiction. “Solar energy system” has the same meaning set forth in paragraphs (1) and (2) of subdivision (a) of Section 801.5
of the Civil Code, as such section or subdivision may
be amended, renumbered, or redesignated from time to time, but shall mean until that time either of the following:
1. Any solar collector or other solar energy device whose primary purpose is to provide for the collection, storage, and distribution of solar energy for space heating, space cooling, electric generation, or water heating.
2. Any structural design feature of a building, whose primary purpose is to provide for the collection, storage, and distribution of solar energy for electricity generation, space heating or cooling, or for water heating.
B. Section 65850.5
of the California Government Code provides that in developing an expedited permitting process, the city shall adopt a checklist of all requirements with which small rooftop solar energy systems shall comply to be eligible for expedited review. The Building Official is hereby authorized and directed to develop and adopt such checklist.
C. The checklist shall be published on the City’s internet website. The applicant may submit the permit application and associated documentation to the City’s Building Division by personal or electronic submittal together with any required permit processing and inspection fees. In the case of electronic submittal, the electronic signature of the applicant on all forms, applications and other documentation may be used in lieu of a wet signature.
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D. Prior to submitting an application, the applicant shall:
1. Verify to the applicant’s reasonable satisfaction through the use of standard engineering evaluation techniques that the support structure for the small residential rooftop solar energy system is stable and adequate to transfer all wind, seismic, and dead and live loads associated with the system to the building foundation; and
2. At the applicant’s cost, verify to the applicant’s reasonable satisfaction using standard electrical inspection techniques that the existing electrical system including existing line, load, ground and bonding wiring as well as main panel and subpanel sizes are adequately sized, based on the existing electrical system’s current use, to carry all new photovoltaic electrical loads.
E. For a small residential rooftop solar energy system eligible for expedited review, only one inspection shall be required, which shall be done in a timely manner and may include a consolidated inspection by the Building Official and a Fire Official. If a small residential rooftop solar energy system fails inspection, a subsequent inspection is authorized; however, the subsequent inspection need not conform to the requirements of this subsection.
F. An application that satisfies the information requirements in the checklist, as determined by the Building Official, shall be deemed complete. Upon receipt of an incomplete application, the Building Official shall issue a written correction notice detailing all deficiencies in the application and any additional information required to be eligible for expedited permit issuance.
G. Upon confirmation by the Building Official of the application and supporting documentation being complete and meeting the requirements of the checklist, the Building Official shall administratively approve the application and issue all required permits or authorizations. Such approval does not authorize an applicant to connect the small residential rooftop energy system to the Burbank Water and Power Department’s electricity grid. The applicant is responsible for obtaining such approval or permission from the Burbank Water and Power Department.
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ARTICLE 4. CALIFORNIA MECHANICAL CODE
9-1-4: ADOPTION OF 2025 CALIFORNIA MECHANICAL CODE:
Part 4 of Title 24 of the California Code of Regulations , also known as the “ California Mechanical Code,” which is part of the California Building Standards Code, 2025 Edition, as adopted by the California Building Standards Commission and the International Association of Mechanical and Plumbing Officials is hereby adopted without local amendments, by the City of Burbank and made a part of this Code.
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ARTICLE 5. CALIFORNIA PLUMBING CODE
9-1-5: ADOPTION OF 2025 CALIFORNIA PLUMBING CODE:
Part 5 of Title 24 of the California Code of Regulations , also known as the “ California Plumbing Code,” which is part of the California Building Standards Code, 2025 Edition, as adopted by the California Building Standards Commission and the International Association of Plumbing and Mechanical Officials is hereby adopted without local amendments, by the City of Burbank and made a part of this Code.
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ARTICLE 6. CALIFORNIA ENERGY CODE
9-1-6: ADOPTION OF 2025 CALIFORNIA ENERGY CODE
Part 6 of Title 24 of the California Code of Regulations , also known as the “ California Energy Code,” which is part of the California Building Standards Code, 2025 Edition, as adopted by the California Energy Commission and the California Building Standards Commission, is hereby adopted without local amendments, by the City of Burbank and made a part of this Code.
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ARTICLE 7. CALIFORNIA WILDLAND-URBAN INTERFACE CODE
9-1-7: ADOPTION OF 2025 CALIFORNIA WILDLAND-URBAN INTERFACE CODE Part 7 of Title 24 of the California Code of Regulations, also known as the “California Wildland-Urban Interface Code,” which is part of the California Building Standards Code, 2025 Edition, together with Appendix A as adopted by the California Building Standards Commission and the International Code Council, is hereby adopted by the City of Burbank and made a part of this Code, with certain amendments, additions, and deletions as stated in this Article.
9-1-7-302.1.1: ESTABLISHMENT OF THE BURBANK FIRE HAZARD SEVERITY ZONES
The following section is added to Chapter 3 of the California Wildland- Urban Interface Code (Part 7) to read as follows:
“302.1.1 Establishment of the Burbank Fire Hazard Severity Zones . For the purposes of the Burbank Wildland-Urban Interface Code, the Burbank Fire Hazard Severity Zones are hereby established. The designated fire zones have been reclassified into three severity levels: Moderate, High, and Very High. The boundaries of the Burbank Severity Zones are shown on a map designated “Burbank Very High, High, a nd Moderate Fire Hazard Severity Zones” consisting of one sheet on file in the Office of the Fire Official, which map, together with any amendments thereto, hereby adopted and made a part of the Burbank Wildland-Urbank Interface Code.
Any future amendments or modifications to any severity zone map by the California Department of Forestry and Fire Protection (CAL FIRE), Office of the State Fire Marshal (OSFM) may be adopted by Resolution by the City Council and incorporated herein.”
9-1-7-604.3.1: FIRE HAZARD REDUCTION IN FIRE HAZARD SEVERITY ZONES:
The following section is added to Chapter 6, Part 7 of the CBSC:
“604.3.1 Fire hazard reduction in Fire Hazard Severity Zones.
A. General brush removal. Cut or uncut weeds, grass, vines, palm fronds, and other vegetation shall be removed as set forth herein. Additional areas may be requested to be cleared if determined by the Fire Code Official to be a fire hazard. When the Fire Code Official determines that total removal of growth is impractical due to size or environmental factors, approved fuel breaks shall be established. Designated areas shall be cleared of combustible vegetation to establish the fuel breaks.
B. Specific requirements. Each person who has any ownership or possessory interest in, or control of, a parcel of land shall:
1. Maintain CLEARANCE: 0 - 100 Feet
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a. Remove from the property all dead trees and maintain all weeds and other vegetation at a height of no more than three inches, except as otherwise provided therein, if such weeds or other vegetation are within 100 feet of a building or structure located on such property or on adjacent property. T his requirement does not apply to the maintenance of trees, ornamental shrubbery, or plants which are used as ground cover provided such do not provide a ready fuel supply to augment the spread or intensity of a fire. b. Native shrubs may remain provided such shrubs are trimmed up from the ground to one- third of their height, do not exceed 216 cubic feet in volume, are spaced at a distance of not less than three times their maximum diameter but not less than 18 feet from the edge of any other native shrub, building, or structure, and all dead wood and other combustible material within 18 feet of such shrubs are removed except as provided above.
c. Maintain trees which are 18 feet or more in height and are within 100 feet of any building or structure or within 10 feet of that portion of any highway, street, alley, or driveway which is improved or used for vehicle travel or other vehicular purposes, so that no leafy foliage, twigs, or branches are within six feet of the ground. Trees and shrubs less than 18 feet shall be trimmed up 1/3 of their height. d. Remove any portion of a tree which extends within 10 feet of the outlet of a chimney or stovepipe.
e. Keep all trees, shrubs, and other growing vegetation or portions thereof adjacent to or overhanging any building or structure free of dead limbs, dead palm fronds, branches, and other combustible matter.
f. Maintain five feet of vertical clearance between roof surfaces and portions of trees overhanging any building or structure. g. Remove dead palm fronds on all palm trees.
h. Maintain the roofs of all buildings or structures free of leaves, needles, twigs, and other combustible matter.
i. Maintain all weeds and other vegetation located within 10 feet of any combustible fence or an edge of that portion of any highway, street, alley, or driveway improved or used for vehicular travel or for other vehicular purposes at a height of not mor e than three inches. This shall not require the removal of trees, ornamental shrubbery, or plants which are used as ground cover, provided such do not provide a ready fuel supply to augment the spread or intensity of a fire, nor require the removal of nati ve shrubs which meet the requirements set forth in section (b).
j. Maintain all landscape vegetation, including, but not limited to conifers (e.g., cedar, cypress, fir, juniper, and pine), eucalyptus, acacia, palm, and pampas grass in such a condition as not to provide an available fuel supply to augment the spread or intensity of a fire.
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k. Remove and/or safely dispose of all cut vegetation and hazardous refuse.
l. Burbank Fire Department personnel may introduce greater protection levels in high danger areas. In cases where difficult terrain, danger, erosion or unusual circumstances make
compliance impractical, the Burbank Fire Department may suspend or adjust the requirements.
2. Maintain CLEARANCE: 100 - 200 Feet.
(Fuel Modification Zone):
An additional 100 feet of clearance measured from a building or structure located on such property or on adjacent property, is also required by the Fire Department for a total clearance of 200 feet. The native brush in this zone shall be reduced by 50 perc ent. Sumac clusters shall be reduced leopard spot style and meet the requirements outlined in section (b). The brush may be cut, chipped, or chopped to lay flat and may be left on the site to a maximum depth of 6". Clearance must conform to California Fair Plan Standards.”
C. Additional Requirements : The provisions of this section shall apply to brush clearance operations conducted within the Burbank Fire Hazard Severity Zones:
1. Use of metal cutting blades for grass or brush clearance shall be limited to those which are non-ferrous or non-sparking.
2. Brush clearance cannot be done on red flag days, when fire weather conditions are at their peak.
3. Individuals engaged in brush clearance operations shall not engage in any other activities during their actual clearance of grass or brush.
4. An approved fire extinguisher, or a pressurized garden hose with attached nozzle shall be within 10 feet of any grass or brush clearance operation, to quickly extinguish a small fire before it burns out of control.
5. A cell phone capable of dialing 9-1- 1 shall be charged and readily accessible to the grass or brush clearance operation.
9-1-7-604.3.2: ENFORCEMENT:
The following section is added to Chapter 6, Part 7 of the CBSC:
“604.3.2 Enforcement. The Fire Code Official is authorized to administer and enforce the provisions of Section 6 04.3. Property owners will be notified and provided reasonable time frames to comply. Failure to comply shall be a violation of this Code and the Government Code 51186 and may result in citation and/or hazard abatement by the City’s designated contractor at the property owner’s expense.
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ARTICLE 8. CALIFORNIA HISTORICAL BUILDING CODE
9-1-8: ADOPTION OF 2025 CALIFORNIA HISTORICAL BUILDING
Part 8 of Title 24 of the California Code of Regulations , also known as the “ California Historical Building Code,” which is part of the California Building Standards Code, 2025 Edition, as adopted by the California Building Standards Commission and the International Code Council, is hereby adopted without local amendments, by the City of Burbank and made a part of this Code.
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ARTICLE 9. CALIFORNIA FIRE CODE
9-1-9: ADOPTION OF 2025 CALIFORNIA FIRE CODE:
Part 9 of Title 24 of the California Code of Regulations, also known as the “California Fire Code,” which is part of the California Building Standards Code, 2025 Edition, including the table of contents, all annexes, appendices, and the index, as adopted by the California Building Standards Commission and the International Code Council , is hereby adopted by the City of Burbank and made a part of this Code, with certain amendments, additions, and deletions as stated in this Article.
9-1-9-100: GENERAL:
A. PUBLIC INSPECTION.
The California Fire Code, and all secondary codes referred to therein are on file and open to public inspection in the office of the Building and Safety Division and the Fire Department.
B. SPECIAL CLIMATIC, GEOGRAPHICAL , TOPOGRAPHICAL, AND ENVIRONMENTAL CONDITIONS.
Certain areas of the City of Burbank are characterized by mountainous hillsides, heavy vegetation, and narrow streets. These conditions, combined with Burbank's climate, exacerbate the potential for fires to spread and require certain amendments to the Cal ifornia Fire Code to ensure the safety of persons and property. In addition, certain modifications are required due to the fact that in many locations in the City, especially in the hillside, there are access and egress problems, which can make a timely emergency response more difficult.
Also, the City requires a higher degree of fire safety due to the fact that the City is within an earthquake zone. In the event of an earthquake, numerous structures in the City could be seriously damaged and emergency response crews would not be available to respond to every incident immediately. Various amendments to the California Fire Code will ensure greater protection from fires which can occur (and if unchecked spread quickly due to the City's density and terrain) in an earthquake.
In addition to hazards to structures and persons, the safe storage and disposal of hazardous material could be adversely affected by seismic activity. Similarly, the potential for leaks from storage tanks after a seismic event is great. The modifications will provide higher levels of safety for the public during and immediately after a major earthquake.
Finally, certain other amendments are required because the City is highly urbanized, has dense residential areas, and in some areas has very small residential lots. Furthermore, numerous residential areas are located in close proximity to non-residential uses, such as manufacturing, media and airport uses, all of which present special and unique hazards. The density of the City and the 434
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proximity of residential uses to other uses requires additional safeguards to protect life and property of the residents, employees and visitors of the City.
The Council hereby finds that it is reasonably necessary to make certain changes or modifications in the California Fire Code as adopted by the California Building Standards Commission based on the 2024 International Fire Code, and that such changes and modifications are reasonably necessary because of climatic, geographical, topographical, or environmental conditions which pertain to the City of Burbank. Such changes and modifications are herein more particularly set forth in this Article.
C. SHORT TITLE.
In this chapter and any ordinance or resolution of the City where the phrase "Fire Code" appears, such phrase shall be deemed to refer and apply to the California Fire Code (“CFC”) which is described and referred to in the preceding section, as the same is amended by this Article.
D. NUMBERING OF CODE.
In order to provide consistency between this article and the provisions of the California Fire Code the section, subsection, and paragraph numbers or designations of the California Fire Code shall be retained in this article and shall be preceded by the prefix "9-1-9". The 9 refers to this Title, the number 1 refers to this Chapter and the second number 9 refers to this Article . The subsequent numbers and decimal points are the section and subsection designations used in or added to the California Fire Code.
9-1-9-104.6.1: APPEAL TO FIRE CODE OFFICIAL:
The following section is added to Chapter 1, Part 9 of the CFC:
“104.10.1.1 Appeal to Fire Code Official. Whenever an Order or Notice issued or served under this Code is signed by a member of the fire department, the owner or occupant or other person served may appeal to the Fire Code Official within five (5) days from the time of service, exclusive of Saturdays, Sundays, or holidays.
The Fire Code Official shall review such Order or Notice and render a decision within seven (7) days from the review or hearing of the appeal. The Fire Code Official may affirm or revoke the Notice or may extend the time fixed for compliance. Unless revoked, the Order of Notice shall remain in full force and effect and shall be complied with within the time originally fixed, or if an extension is granted, within the time prescribed in the extension.”
9-1-9-104.10.2: INVESTIGATIONS:
The following section is added to Chapter 1, Part 9 of the CFC:
“104.10.2 Investigations. The Fire Department shall promptly investigate the cause, origin and circumstances of each and every fire occurring in the City involving loss of life or injury to person or destruction or damage to property. If it appears that such fire is of suspicious origin, the fire department is authorized to 435
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take immediate charge of all physical evidence relating to the cause of the fire and is authorized to pursue the investigation to its conclusion.
The Fire Department shall investigate the cause, origin and circumstances of unauthorized releases of hazardous materials.”
9-1-9-104.11.4: FIRE PREVENTION BUREAU PERSONNEL AND POLICE:
The following section is added to Chapter 1, Part 9 of the CFC:
“104.11.4 Fire prevention bureau personnel and police. Members of the Fire Department may act as peace officers only as permitted by Section 830.37 of the California Penal Code. All members of the Fire Department at the rank of Captain and above; and all members of the Fire Prevention Bureau who are peace officers as defined in Section 830.37 of the Penal Code and members who have been designated by the Fire Code Official as arson investigators and who have satisfactorily completed the courses of training r equired by Section 832 of the Penal Code are designated as peace officers. Fire Captains assigned to the arson investigation unit are authorized to carry a fire arm with permission of the Fire Chief, while engaged as a member of an arson investigating unit, regularly employed and paid as such, in the detection and apprehension o f persons who have violated or who are suspected of having violated any fire law, or while exclusively engaged in the enforcement of laws relating to fire prevention and fire suppression, provided such practice is in compliance with current applicable state laws and City Policy.
When requested to do so by the Fire Code Official, the Chief of Police is authorized to assign such available police officers as necessary to assist the fire department in enforcing the provisions of this code.”
9-1-9-104.11.5: COST OF EMERGENCY RESPONSE:
The following section is added to Chapter 1, Part 9 of the CFC:
“104.11.5 Cost of emergency response. Any person owning or maintaining any occupancy, premises, or vehicle subject to this Code, who negligently or intentionally causes a fire or fire hazard resulting in an appropriate emergency response, which had been previously ordered abated by the Fire Code Official, is liable for all costs of the emergency response to the incident, as set forth in the Burbank Fee Resolution.”
9-1-9-105.5.5.1: PARADE FLOATS:
The following section is added to Chapter 1, Part 9 of the CFC:
“105.5.5.1 Parade floats. A permit is required to use a parade float for public performance, presentation, spectacle, entertainment, or parade. See Chapter 3 of the CFC.”
9-1-9-105.5.6.1: CELLULOSE NITRATE STORAGE:
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The following section is added to Chapter 1, Part 9 of the CFC:
“105.5.6.1 Cellulose nitrate storage. A permit is required to store or handle more than 25 pounds (11.3 kg) of cellulose nitrate plastic (pyroxylin) for the manufacturing or assembly of articles or parts of articles containing cellulose nitrate plastics (pyroxylin). See Chapter 3 of the CFC.”
9-1-9-105.6: REQUIRED CONSTRUCTION PERMITS:
Section 105.6 of Chapter 1, Part 9 of the CFC is amended and restated as follows:
“105.6 Required construction permits. The Fire Code Official is authorized to issue construction permits for work as set forth in Sections 105.6.1 through 105.6.26.”
9-1-9-105.6.26: OTHER:
The following section is added to Chapter 1, Part 9 of the CFC:
“105.6.26 Other. Any permit required by the Fire Code Official and not otherwise covered above.”
9-1-9-108.2.1: PERMIT FEES:
The following section is added to Chapter 1, Part 9 of the CFC:
“108.2.1 Permit fees. It shall be unlawful for any person, group, firm, or corporation to use a building or premises or engage in any activities for which a permit is required by this Code without first having obtained such permit. Permits are obtained from the Bureau of Fire Prevention. Any person required by this Code to have a permit shall apply for such permit and shall pay a fee as designated in the Burbank Fee Resolution. Unless otherwise specified, such fee shall be paid annually on the first day of the month in which such permit application was first made. Failure to comply with this section shall be a misdemeanor.”
9-1-9-108.2.1.1 PERMIT FEE EXEMPTIONS:
The following section is added to Chapter 1, Part 9 of the CFC:
“108.2.1.1 Permit fee exemptions.
A. GOVERNMENT FEE EXEMPTION.
The City of Burbank, the County of Los Angeles, the Burbank Unified School District, and/or any department or office thereof are exempt from paying a permit fee for any activity, operation practice or function requiring a permit under Section 105 of the California Fire Code.
B. NON-PROFIT ORGANIZATION FEE EXEMPTIONS.
Any charitable, educational, religious, or other non- profit benevolent institution is exempt from paying a permit fee for the following activities, provided the net 437
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proceeds, if any, of such activity are to be used exclusively for charitable, educational, religious, benevolent, or civic purposes:
1. Carnivals and fairs.
2. Temporary placement of displays in a covered mall.
3. Parade floats.”
9-1-9-108.2.2 INSPECTION FEE:
The following subsection is added to Chapter 1, Part 9 of the CFC:
108.2.2 Inspection Fee. Fire and life safety plan check permit fees (Form FD4) cover three on-site inspections. When more than three inspections are required for the same inspection, an inspection fee will be charged as set forth in the Burbank Fee Resolution for each hour or portion of an hour requi red for additional inspections needed to gain compliance. Records of inspections and determination of billing hours will be completed by the inspector.”
9-1-9-108.2.3: AUTOMATIC ADJUSTMENT OF FEES:
The following section is added to Chapter 1, Part 9 of the CFC:
“108.2.3 Automatic adjustment of fees. Fees and charges imposed pursuant to this article, as set forth in the Burbank Fee Resolution, shall be adjusted annually on the first day of July. The annual adjustment shall be made by adjusting all the current fees required in this article by a percent age equal to the inflation rate for the prior year for construction costs as determined by the Building Official on December 31st of each calendar year. The Building Official's determination shall be based upon the Engineering News Record, Construction Cost Index for the calendar year as of December 31st.
9-1-9-108.2.3.1: EXCEPTION: ACTION BY COUNCIL:
The following section is added to Chapter 1, Part 9 of the CFC:
“108.2.3.1 Exception: action by Council. Nothing in this section shall prevent the Burbank City Council from making rate and fee adjustments greater or less than indicated by the above calculation.”
9-1-9-108.2.4: AUTOMATIC ADJUSTMENT FOR UNDERGROUND TANK FEES:
The following section is added to Chapter 1, Part 9 of the CFC:
“108.2.4 Automatic adjustment for underground tank fees. Fees and charges relating to underground tanks as designated in the Burbank Fee Resolution shall be updated and changed annually on the first day of July each year beginning January 1, 1991, by an adjustment as set forth in this section.
An automatic adjustment, as provided for in the fee resolution, shall not become effective until the thirty-first (31st) day after the Fire Code Official has provided the Council with written notification of such adjustment. The Fire Code Official shall file 438
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with the City Clerk, a certification, in a form approved by the City Attorney, demonstrating compliance with this subsection.”
9-1-9-108.2.4.1: ANNUAL ADJUSTMENT:
The following section is added to Chapter 1, Part 9 of the CFC:
“108.2.4.1 Annual adjustment. The annual adjustment shall be made by multiplying the underground tank related fees in the Burbank Fee Resolution by the Los Angeles/Riverside/Orange County, California Consumer Price Index (CPI) for all urban consumers of the preceding February and by di viding the result of said multiplication by the same index of the February of the previous year, as reported by the CPI detail report, Bureau of Labor Statistics.”
9-1-9-108.2.4.2: EXCEPTION: ACTION BY COUNCIL:
The following section is added to Chapter 1, Part 9 of the CFC:
“108.2.4.2 Exception: Action by Council. Nothing in this section shall prevent the Burbank City Council from making rate and fee adjustments greater or less than indicated by the above calculation. An automatic adjustment, as provided for in the fee resolution, shall not become effective until the thirty-first (31st) day after the Fire Code Official has provided the Council with written notification of such adjustment. The Fire Code Official shall file with the City Clerk, a certification, in a form approved by the City Attorney, demonstrating compliance with this subsection.”
9-1-9-108.4.1: INVESTIGATION FEES: WORK WITHOUT A PERMIT:
The following section is added to Chapter 1, Part 9 of the CFC:
“108.4.1 Investigation fees: work without a permit.
A. INVESTIGATION.
Whenever any work, operation, or action for which a permit is required by this Code has commenced without first obtaining said permit, the work, operation, or action shall cease, and a special investigation shall be made before a permit may be issued for such work.
B. FEE.
An investigation fee in an amount designated in the Burbank Fee Resolution and may be amended by the Council from time to time, in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued.”
9-1-9-109.2.3: SELF-INSPECTION:
The following section is added to Chapter 1, Part 9 of the CFC:
“109.2.3 Self-inspection. Self -inspection programs may be developed, implemented, and enforced as determined necessary by the Fire Code Official. 439
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Compliance with self-inspection program requirements, including completing and returning all forms within 30 days, shall be mandatory and subject to penalties for non-compliance.”
9-1-9-112.5: BOARD OF BUILDING AND FIRE CODE APPEALS:
The following section is added to Chapter 1, Part 9 of the CFC:
“112.5 Board of Building and Fire Code Appeals. Any person aggrieved by a decision of the Fire Code Official pertaining to suitability of alternate materials, types of construction, or interpretation of the Fire Code may appeal to the Board of Building and Fire Code Appeals by filing a written notice wi th the Fire Code Official which must state briefly therein the grounds for appeal. The Fire Code Official decisions are not appealable where those decisions are clearly supported by the Code. The Fire Code Official shall fix a time and place for hearing such appeal within sixty (60) days from the date notice of appeal was filed and shall give not less than five (5) days’ notice thereof to appellant and to each member of the Board. No notice of appeal shall be accepted unless the appellant first pays to the Fire Code Official the fee as designated in the Burbank Fee Resolution for filing such appeal. The decision of the Board shall be final and conclusive. Within seven (7) days thereafter, exclusive of Saturday, Sunday, and holidays, the Fire Code Official shall give notice of the decision to the appellant.
9-1-9-113.4.2: CODE VIOLATION INSPECTION FEE:
The following section is added to Chapter 1, Part 9 of the CFC:
“113.4.2 Code violation inspection fee. When compliance for a code violation is not completed within three inspections, an inspection fee as set forth in the Burbank Fee Resolution shall be charged for each hour or any portion of an hour required for additional inspections needed to gain complia nce. Records of inspections and determination of billing hours will be completed by the inspector.”
9-1-9-115.1.3: WARNING SIGNS:
The following section is added to Chapter 1, Part 9 of the CFC:
“115.1.3 Warning signs. Whenever the Fire Code Official shall determine that warning signs are required in the protection of persons or property from injury due to unauthorized entry into fire or explosion damaged buildings, the Fire Code Official shall order such buildings adequately posted with signs reading, "DANGER FIRE-DAMAGED BUILDING, KEEP OUT." It shall be unlawful for any person to enter or remain within any such posted damaged building, except that the occupants/owners of the building or of any materials or equipment therein, their authorized representatives or invitees, public officers acting in the course of duty, and representatives of public or private utilities, shall be exempt from the provisions of this section.”
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9-1-9-202: DEFINITIONS:
Section 202 of Chapter 2, Part 9 of the C FC is amended by adding the following definitions:
HIGH-RISE BUILDING: Is a building having floors used for human occupancy located more than 75 feet (22 860 mm) above the lowest level of fire department vehicle access, as measured from the walking surface of the highest human occupied floor to the surface of the lowest fire department access road complying with Chapter 5 of the 2025 California Fire Code.
EXCEPTIONS:
1. Health Facility as defined in Section 1250
of the Health and Safety
Code.
2. Buildings used exclusively as open parking garages.
3. Buildings where all floors above 75 foot (22 860 mm) level are used exclusively as open parking garages.
4. Floors of buildings used exclusively as open parking garages and located above all other floors used for human occupancy.
5. Buildings such as power plants, lookout towers, steeples, grain houses, and similar structures with non- continuous human occupancy, when approved.
6. Buildings used exclusively for jails and prisons.
MID-RISE BUILDING: Is a building having floors used for human occupancy located more than 35 feet (10 668 mm), but less than 75 feet (22 860 mm) above the lowest level of fire department vehicle access, as measured from the walking surface of the highest human occupied floor to the surface of the lowest fire department access road complying with Chapter 5 of the 2025 California Fire Code.
EXCEPTIONS: See the list of exceptions under High-Rise Building.
9-1-9-304.1.2.1: PREMISES MAINTENANCE:
The following section is added to Chapter 3, Part 9 of the CFC:
“304.1.2.1 Premises maintenance. All exterior property and premises, and the interior of every structure, shall be maintained in a clean and safe condition and kept free from any accumulation of rubbish or garbage. The interior shall be maintained so as not to impede the egress of occupants, endanger other structures because of excessive, improper, or unapproved fire loading or storage practices or endanger firefighters who respond to an emergency therein.”
9-1-9-307.1.1.1: OPEN BURNING GENERAL:
The following section is added to Chapter 3, Part 9 of the CFC:
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“307.1.1.1 Open burning general. The Fire Code Official is authorized to issue a permit for open burning only for the following purposes and subject to the provisions hereinafter set forth:
a. The prevention or removal of a fire hazard which cannot be abated by any other means, restricted to the hours of six (6) a.m. to twelve (12) noon of any day.
b. City lot burning crews operating under the authority of the Public Works Director.
c. The instruction of public employees in the methods of fighting fire. d. On property used for commercial/industrial purposes for the instruction of employees in the methods of fighting fire.
e. For public or private gatherings under the legitimate sponsorship of civic, fraternal, religious, or other similar organizations.
f. Permits to burn must comply with regulations of the South Coast Air Quality Management District.”
9-1-9-307.1.1.2: STARLIGHT AMPHITHEATER - OPEN FLAMES AND BURNING PROHIBITED:
The following section is added to Chapter 3, Part 9 of the CFC:
“307.1.1.2 Starlight amphitheater - open flames and burning prohibited. No person shall light a flame or cause the combustion of any flammable substance or matter at any time at or on the premises of the Starlight Amphitheater.
EXCEPTION: Areas which have been designated as approved for smoking by the Fire Code Official.”
9-1-9-315.1.1: CORRECTIVE ACTIONS:
The following section is added to Chapter 3, Part 9 of the CFC:
“315.1.1: Corrective actions. The Fire Code Official may give notice to the owner of the property upon which conditions regulated by Section 315 of the 2025 CFC exist to correct such condition. If the owner fails to correct such condition, the Fire Code Official may cause the same to be done and make the expense of such correction a lien upon the property upon which such condition exists in the manner and under the procedures provided in Article 2 of Title 4 Chapter 2 of the Burbank
Municipal Code.”
9-1-9-401.3.3.1: REPORTING EMERGENCIES:
The following section is added to Chapter 4, Part 9 of the CFC:
“401.3.3.1 Reporting emergencies. In the event a fire occurs, a fire alarm is activated, or the discovery of a fire, smoke or unauthorized release of flammable or hazardous materials on any property occurs, the owner or occupant shall without delay report such condition to the Fire Department.” 442
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9-1-9-403.11.1(a): REQUIREMENTS FOR PUBLIC SAFETY:
The following section is added to Chapter 4, Part 9 of the CFC:
“403.11.1(a) Requirements for public safety. When necessary for the preservation of life or property, the Fire Code Official is authorized to assign a Fire Safety Officer(s) (FSO) and/or fire apparatus equipment on a case-by-case basis.”
9-1-9-503.1.2.1: HIGH-RISE AND MID-RISE BUILDINGS:
The following section is added to Chapter 5, Part 9 of the CFC:
“503.1.2.1 High-rise and mid -rise buildings. High-rise and Mid- rise buildings shall be accessible on a minimum of two sides. Roadway distance to building shall be not less than 15 feet or more than 30 feet from the building in accordance with Appendix D. Landscaping or other obstructions shall not be placed or maintained around structures in a manner so as to impair or impede accessibility for firefighting and rescue operations.”
9-1-9-503.2.1.1: FIRE APPARATUS ACCESS ROADS:
The following section is added to Chapter 5, Part 9 of the CFC:
“503.2.1.1: Fire Apparatus Access Roads. Fire apparatus access roads shall have an unobstructed width of not less than 26 feet (6096 mm), exclusive of shoulders, except for approved security gates in accordance with Section 503.6 , and an
unobstructed vertical clearance of not less than 13 feet 6 inches (4115 mm).”
9-1-9-505.1.1: RESIDENTIAL BUILDING IDENTIFICATION:
The following section is added to Chapter 5, Part 9 of the CFC:
“ 505.1.1 Residential building identification.
A. STREET NUMBER.
All residential structures shall display a street number in a prominent position so that it shall be easily visible from the street. The numbers shall be at least four (4) inches in height, of a color contrasting to the background and located so they may be clearly seen and read. If the structure has rear vehicle access, numbers shall be placed there as well. The Fire or Police departments may require the size of the numbers to be increased or provided in additional locations if the distance from or orientation to the street limits visibility.
B. PLOT PLAN.
At each entrance to a multiple- family dwelling complex of a private residential community which has ten (10) or more units, there shall be an illuminated diagrammatic representation (plot plan) of the complex which shows the location of the viewer and the building units within the complex. The diagrammatic representation shall be drawn to one-eighth (1/8) inch scale or larger and shall not be less than eight and one-half (8 1/2) inches by eleven (11) inches and shall have 443
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all weather-exposed surfaces treated to prevent damage from the sun, wind and rain.
C. IDENTIFYING FACTOR.
In multiple- family dwelling complexes which have ten (10) or more units, any building having separate identifying factor, other than the street number shall be clearly identified in the manner described in this article. Each individual unit of residence shall have a unit identifying number, letter or combination thereof displayed upon the door.
D. NUMBERING.
Buildings shall be numbered with the approval of the enforcing authority. This section shall not prevent supplementary numbering such as reflective numbers on the street curbs or decorative numbering, but this shall be considered supplemental only and shall not satisfy the requirements of this section.
E. MAPS.
Maps of multiple- family dwelling complexes shall be furnished to the fire department upon completion of construction. The maps shall include building identification and unit identification.”
9-1-9-505.1.2: COMMERCIAL BUILDING IDENTIFICATION:
The following section is added to Chapter 5, Part 9 of the CFC:
“505.1.2 Commercial building identification.
A. STREET NUMBER.
All commercial structures shall display a street number in a prominent position so that it shall be easily visible from the street. The numbers shall be at least six (6) inches in height, of a color contrasting to the background and located so they may be clearly seen and read. If the structure has rear vehicle access, number s shall be placed there as well. The Fire or Police Departments may require the size of the numbers to be increased or provided in additional locations if the distance from or orientation to the street limits visibility.
B. IDENTIFYING FACTOR.
In commercial complexes, any building having a separate identifying factor, other than the street number shall be clearly identified in the manner described in this article. Each individual unit shall have a unit identifying number, letter or combination thereof displayed upon the door.
C. NUMBERING.
Buildings shall be numbered with the approval of the enforcing authority. The section shall not prevent supplementary numbering such as reflective numbers on street curbs or decorative numbering but this shall be considered supplemental only and shall not satisfy the requirements of this section.
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D. MAPS.
Maps of commercial complexes shall be furnished to the fire department upon completion of construction. The maps shall include building identification and unit identification.”
9-1-9-505.1.3: PREMISES IDENTIFICATION:
The following section is added to Chapter 5, Part 9 of the CFC:
“505.1.3 Premises identification. Approved numbers or addresses shall be placed on all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property and from the alley or rear access way to the property. Numbers/addresses on residential structures shall be at least four (4) inches (101.6 mm) in height with three-fourths (3/4) inch (19.1 mm) stroke. All other occupancies shall have numbers/addresses a minimum of six (6) inches (152.4 mm) in height with three- fourths (3/4) inches (19.1) stroke. All numbers/address shall contrast with their background.”
9-1-9-903.2(a): REQUIRED INSTALLATIONS:
The following section is added to Chapter 9, Part 9 of the CFC:
“903.2(a) Required installations. An approved automatic fire sprinkler system shall be installed in all newly constructed occupancies.
EXCEPTION: Existing Group U Division 1 Occupancies, detached less than 500 square feet (4.5 m
2).
For provisions on special hazards and hazardous materials, see Chapters 50 through 67 of the CFC 2025.”
9-1-9-903.2(b): SPECIAL PROVISIONS FOR ALL BUILDINGS:
The following section is added to Chapter 9, Part 9 of the CFC:
“903.2(b) Special provisions for all buildings. An automatic sprinkler system shall be installed in the following areas of all buildings.
A. At the top of rubbish and linen chutes; in their terminal rooms and all trash enclosures. Chutes extending through three or more floors shall have additional sprinkler heads installed within such chutes at alternate floors. Sprinkler heads shall be accessible for servicing.
B. In rooms where nitrate film is stored or handled.
EXCEPTION: When storage or handling of nitrate film is less than 50 pounds (22.7 kg)/10 standard rolls and stored in an approved cabinet. In protected combustible fiber storage vaults.
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C. Existing Buildings.
1. Additions.
If an addition to an existing building causes the total floor area of the entire building to exceed five thousand (5,000) square feet (464.5 m 2), then said entire building shall be protected by an automatic fire sprinkler system. Area separation walls as set forth in the California Building Code shall not be used to reduce allowable floor area for automatic fire sprinkler requirements.
2. Alterations/Repairs.
Any alterations or repairs to an existing building, other than a Group R, that equal or exceed five thousand (5,000) square feet (464.5 m 2), or wherein the
costs of such alterations exceed twenty -five percent (25%) of the current replacement value of said building as determined by the most recent Building Valuation Data published by the International C ode Council (ICC), then said entire building shall be protected by an automatic fire sprinkler system. All alterations or additions within any such twelve (12) consecutive month period that singularly or in composite exceed said 25% of the current replacement value of said building as determined by the most recent Building Valuation Data published by IC C, then said entire building shall be protected by an automatic fire sprinkler system.
3. R1 - Alterations/Repairs/Additions.
Any alterations or repairs to an existing Group R Division 1 Hotel, apartment, and lodging house, that within any twenty four (24) consecutive month period exceed fifty percent (50%) of the current replacement value of said building, as determined by the m ost recent Building Valuation Data published by International Code Council (ICC), then said entire building shall be protected by an automatic fire sprinkler system.
4. R3 - Alterations/Repairs.
Any alterations or repairs to an existing Group R Division 3 dwelling that within any twenty four (24) consecutive month period exceed seventy -five percent (75%) of the current replacement value of said building, as determined by the standards approved by the Fire Code Official, then said entire building shall be protected by an automatic fire sprinkler system.
5. Occupancy Change.
Existing and new sections of an existing building for which there is an occupancy classification change to a more restrictive or hazardous use, as determined by the Fire Code Official, shall be protected by an automatic fire sprinkler system.”
9-1-9-903.2.8(a): GROUP R OCCUPANCIES:
The following section is added to Chapter 9, Part 9 of the CFC:
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“903.2.8 (a) Group R occupancies. When a Group R occupancy is required to be protected by an automatic fire sprinkler system, the attic, basement or subterranean space, all restrooms/bathrooms, and attached garage shall be fully covered by such system.
Exception: Where decided by the Fire Code Official; access to the attic, if the basement or subterranean space is restricted and non- accessible for storage or other use, automatic fire sprinklers shall not be required to be provided. HVAC or similar equipment may be enclosed from the remainder of the space with approved fire proof construction and sprinklers provided within the enclosure. The Fire Code Official shall have the authority to require or modify the requirements set forth in this section on a cas e-by- case basis.”
9-1-9-903.4.2.1: SPRINKLER SYSTEM MONITORING AND ALARMS:
The following section is added to Chapter 9, Part 9 of the CFC:
“903.4.2.1 Sprinkler system monitoring and alarms.
A. WHERE REQUIRED.
All Valves controlling the water supply for automatic sprinkler systems and water - flow switches on all sprinkler systems shall be electronically monitored by a UL listed company unless otherwise approved by the Fire Code Official, where the number of sprinklers are twenty or more.
Valve monitoring and water -flow alarm and trouble signals shall be distinctly different and shall be automatically transmitted to an approved central station, remote station or proprietary monitoring station as defined by NFPA 72 and International Fire Codes and shall sound an audible signal at a constantly attended location.
EXCEPTION: Underground key or hub valves in roadway boxes provided by the municipality or public utility need not be monitored.
B. ALARMS.
An approved audible sprinkler flow alarm shall be provided on the exterior of the building in an approved location. Approved audible and visual sprinkler flow alarms for all occupancies, shall be provided throughout the structure building to notify all occupants. Actuation of the alarm shall be as set forth in NFPA 13 as adopted by California State Fire Marshal.
Exception: Group R Division 3 Occupancies
C. ALARM ACTIVATION - AUTOMATIC FIRE EXTINGUISHING SYSTEMS.
All Automatic Fire Extinguishing Systems shall provide an audible local alarm when activated. If the occupancy has a fire sprinkler alarm, fire alarm or water flow monitoring, the automatic fire extinguishing system shall be tied into said system.” 447
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9-1-2-4804.2.1: STUDIO AND STAGE EXIT PERIMETERS:
The following section is added to Chapter 48, Part 9 of the CFC:
“4804.2.1 Studio and stage exit perimeters. All studios and stages shall be provided with a clear, unobstructed aisle around the perimeter of not less than 48 inches (1219 mm) wide and a minimum of 84 inches (2134 mm) in height. Aisles shall provide access to exit doors, firefighting equipment and utility controls.
Such aisle shall be clearly marked with a minimum 4 inch (102 mm) wide stripe at the inside edge of the aisle. The total width of the stripe shall be within the required 48 inch (1219 mm) width. The words "FIRE AISLE" shall be painted in a contrasting color every 20 feet (6096 mm) within the perimeter.”
9-1-9-5001.5.1(a): UNIFIED HAZARDOUS WASTE AND MATERIALS MANAGEMENT REGULATORY PROGRAM:
The following section is added to Chapter 50, Part 9 of the CFC:
“5001.5.1(a) Unified hazardous waste and materials management regulatory program. California Health and Safety Code Section 25404 establishes the
Unified Hazardous Waste and Materials Management Regulatory Program requiring consolidation of six environmental programs jointly operated by the County of Los Angeles and the City of Burbank. On December 10, 1996, the Burbank City Council passed and adopted resolution number 24,929, approving an agreement and memorandum of understanding with the County of Los Angeles whereby the County will act as a Certified Unified Program Agency ("CUPA") for the City, and the City will be a participating agency.”
9-1-9-5003.3.1.5: HAZARDOUS MATERIALS, RELEASE RESPONSE PLAN, INVENTORY:
The following section is added to Chapter 50, Part 9 of the CFC:
“5003.3.1.5 Hazardous materials, release response plan, inventory. The City, pursuant to Section 25502
of the California Health and Safety Code, shall be
responsible for the implementation of Chapter 6.95 (commencing with Section 25500) of Division 20 of the California Health and Safety Code and shall have exclusive jurisdiction within the corporate boundaries of the City for the purpose of carrying out such chapter. The Fire Code Official, or the designee of the Fire Code Official, shall be responsible for the administration and enforcement of such chapter. All fees and charges of any kind necessary for the enforcement of such chapter shall be as designated in the Burbank Fee Resolution, as amended from time to time.”
9-1-9-5003.3.1.6: EMERGENCY RESPONSE EXPENSES:
The following section is added to Chapter 50, Part 9 of the CFC:
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“5003.3.1.6 Emergency response expenses. The expenses of an emergency response necessary to protect the public or environment from a real and imminent threat due to a release of a Hazardous Material or substance as defined in this article or the California Health and Safety Code, as well as the cost of cleaning up and disposing of th e hazardous materials shall be charged against any person, firm or corporation responsible thereof.”
9-1-9-5003.4.1: MATERIAL SAFETY DATA SHEETS:
The following section is added to Chapter 50, Part 9 of the CFC:
“5003.4.1 Material safety data sheets. Material Safety Data Sheets (MSDS) shall be readily available on the premises for hazardous materials regulated by this article. The Fire Code Official may require an approved Knox vault, when there is an acutely hazardous material or threshold quantities are met (55 gallons, 200 cubic feet, 500 pounds), to be installed in an approved location which shall contain MSDS sheets, site plans and emergency phone numbers as necessary for that facility.”
9-1-9-5608.1(a): PROHIBITION:
The following section is added to Chapter 56, Part 9 of the CFC:
“5608.1(a) Prohibition. No person shall manufacture, possess, sell, or discharge fireworks.
EXCEPTION: The use of fireworks for display is allowed as set forth in Section 5608 of the 2025 CFC.”
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ARTICLE 10. CALIFORNIA EXISTING BUILDING CODE
9-1-10: ADOPTION OF 2025 CALIFORNIA EXISTING BUILDING CODE Part 10 of Title 24 of the California Code of Regulations , also known as the “ California Existing Building Code, ” which is part of the California Building Standards Code, 2025 Edition, and Appendices A1, A3, A4, as adopted by the California Building Standards Commission and the International Code Council , is hereby adopted without local amendments by the City of Burbank and made a part of this Code.
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ARTICLE 11. CALIFORNIA GREEN BUILDING STANDARDS CODE
DIVISION 1. GREEN BUILDING AND SUSTAINABLE ARCHITECTURE
9-1-11: ADOPTION OF 2025 CALIFORNIA GREEN BUILDING STANDARDS CODE:
Part 11 of Title 24 of the California Code of Regulations , also known as the “ California Green Building Standards Code,” which is part of the California Building Standards Code, 2025 Edition, as adopted by the California Building Standards Commission, is hereby adopted and made a part of this Code, with certain amendments, additions, and deletions as stated in this Article.
9-1-11-4.509: COOL ROOF FOR REDUCTION OF HEAT ISLAND EFFECT:
The following section is added to Chapter 4, Part 11 of the CBC to read as follows:
“9-1-11-4.509: Cool roof for reduction of heat island effect.
Roofing materials shall comply with the solar reflectance and thermal emittance requirements of this section.
Exceptions:
1. Roof repair
2. Installation of building-integrated photovoltaics
3. Roof construction that has a thermal mass over the roof membrane, including areas of vegetated (green) roofs, weighing at least 25 pounds per square foot
A. Solar Reflectance
Roofing materials shall have a minimum 3-year aged solar reflectance equal to or greater than the values specified in Table 4.509(1) and Table 4.509(2)
B. Thermal Emittance
Roofing materials shall have a Cool Roof Rating Council initial or aged thermal emittance equal to or greater than the values specified in Table 4.509(1) and Table 4.509(2)
C. Solar Reflective Index Alternative
Roofing materials having a Solar Reflectance Index (SRI) equal to or greater than the values specified in Table 4.509(1) and Table 4.509(2) may be used as an alternative to compliance with the 3-year aged solar reflectance and thermal emittance values.”
Table 4.509(1) – LOW-RISE RESIDENTIAL
ROOF SLOPE MIN 3-YEAR AGED
SOLAR
REFLECTNACE
THERMAL
EMITTANCE
SRI
< 2:12 0.65 0.85 78
> 2:12 0.23 0.85 20
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Table 4.509(2) – HIGH-RISE RESIDENTIAL, HOTELS, AND MOTELS ROOF SLOPE MIN 3-YEAR AGED
SOLAR
REFLECTNACE
THERMAL
EMITTANCE
SRI
< 2:12 0.65 0.75 78
> 2:12 0.23 0.75 20
9-1-11-5.509: COOL ROOF FOR REDUCTION OF HEAT ISLAND EFFECT:
The following section is added to Chapter 5, Part 11 of the CBC to read as follows:
“9-1-11-5.509: Cool roof for reduction of heat island effect.
Roofing materials shall comply with the solar reflectance and thermal emittance requirements of this section.
Exceptions:
1. Roof repair
2. Installation of building-integrated photovoltaics
3. Roof construction that has a thermal mass over the roof membrane, including areas of vegetated (green) roofs, weighing at least 25 pounds per square foot
A. Solar Reflectance
Roofing materials shall have a minimum 3-year aged solar reflectance equal to or greater than the values specified in Table 5.509
B. Thermal Emittance
Roofing materials shall have a Cool Roof Rating Council initial or aged thermal emittance equal to or greater than the values specified in Table 5.509
C. Solar Reflective Index Alternative
Roofing materials having a Solar Reflectance Index (SRI) equal to or greater than the values specified in Table 5.509 may be used as an alternative to compliance with the 3- year aged solar reflectance and thermal emittance values.”
Table 5.509 – NON-RESIDENTIAL
ROOF SLOPE MIN 3-YEAR AGED
SOLAR
REFLECTNACE
THERMAL
EMITTANCE
SRI
< 2:12 0.68 0.85 82
> 2:12 0.28 0.85 27
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1. Calculation for spaces shall be rounded up to the nearest whole number.
2. The number of required EVCS (EV capable spaces provided with EVSE) in column 3 count toward the total number of required EV capable spaces shown in column 2.
DIVISION 2. DIVERSION OF CONSTRUCTION AND DEMOLITION DEBRIS
9-1-11-1010: PURPOSE:
The purpose of this Division, known as the Diversion of Construction and Demolition Debris Ordinance, is to reduce the amount of construction and demolition debris deposited into landfills by implementing source reduction, diversion, and recycling goals for certain applicable construction and demolition projects.
Where sections of this Division and the California Building Standards Code differ, the more stringent requirements shall apply.
9-1-11-1011: DEFINITIONS:
For the purposes of this Article, the following definitions shall apply. Words and phrases not ascribed a meaning by this Division shall have the meaning ascribed by Public Resources Code Sections 40000
, et seq., the regulations of the California Integrated Waste Management Board, if defined therein, as such may be amended from time to time, and in the Resource Conservation and Recovery Act (RCRA) 42 USC §§ 6901, et seq.,
and the regulations implementing RCRA, as they may be amended from time to time.
APPLICANT: Means any person, firm, limited liability company, association, partnership, political subdivision, governmental agency, municipality, industry, public or private corporation, or any other entity whatsoever required to apply to the Building Department for an applicable permit to undertake construction, renovation, remodeling, repair, deconstruction, or demolition operations.
APPLICABLE PROJECT: Means a project for which a building, demolition, or other similar permit is required by this Code, and not otherwise exempt in this Division.
CONSTRUCTION AND DEMOLITION DEBRIS or C&D DEBRIS: Means used or discarded materials removed from property of an Applicable Project during construction, remodeling, repair, renovation, demolition or deconstruction resulting from construction, renovation, remodeling, repair, deconstruction, or demolition operations on any house, commercial building or other structure. Construction and Demolition Debris includes, but is not limited to, concrete, asphalt, brick, lumber, tile, carpeting, plastic, aluminum, glass, metals, gypsum wallboard, roofing materials, carpeting, wood, remnants of new materials, including paper, plastic, carpet scraps, wood scraps, scrap metal, building materials, packaging and rubble resulting from construction, remodeling, renovation, repair and demolition operations on pavements, houses, commercial buildings and other structures.
CONSTRUCTION AND DEMOLITION DEBRIS DIVERSION REFERENCE MANUAL or MANUAL: Means a manual prepared by the Building Division of the Community 453
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Development Department to assist in implementation of this Division. A copy of the Manual shall be available at all times at the Building Division public counter.
CONSTRUCTION AND DEMOLITION DIVERSION SECURITY DEPOSIT or DIVERSION SECURITY DEPOSIT: Means any performance bond, surety bond, money order, letter of credit, certified check, cash, certificate of deposit or similar type of security, in a form acceptable to the City, and submitted to the City pursuant to Section 9-1-11-
1012 o f this Division.