Agenda packet — Cypress City Council, October 24, 2022 (part 1 of 2)

AGENDA

REGULAR MEETING

CYPRESS CITY COUNCIL
October 24, 2022
7:00 P.M.
www.cypressca.org Council Chambers
5275 Orange Avenue
Cypress, California

PUBLIC PARTICIPATION
Members of the public can participate in this meeting as follows:

1. Attend In-Person. First-come, first-served seating is available in the Council Chambers. Face coverings are strongly recommended and all in-person attendees must be free of any symptoms associated with COVID-19.

2. Attend Virtually via Webinar. This option provides the ability to provide live public comments during Oral Communications or Public Hearings and view slideshow presentations. Please register at https://attendee.gotowebinar.com/register/480905921814352656 to receive an email containing a link to join the webinar. Advance registration is recommended.

3. Watch the Meeting. The City Council meeting can be viewed live on Spectrum Cable Channel 36 or on the City's website at www.cypressca.org/watchlive.

4. Listen to the Meeting. The public may participate via the listen-only teleconference mode by calling (415) 655-0060 and entering Access Code 667-817-913 when prompted. No registration or audio pin is necessary.

5. Submit Public Comments Prior to the Meeting. The public may submit comments via email to [email protected]. Comments submitted by 3:00 p.m. on October 24, 2022 will be added to the City Council agenda as a Consent Calendar item.

CALL TO ORDER
7:00 P.M.

Council Chambers

ROLL CALL
Cypress City Council, also acting as the Ex-Officio Governing Board of Directors of the Cypress Recreation and Park District
Mayor Paulo Morales
Mayor Pro Tem Anne Hertz-Mallari
Council Member Frances Marquez
Council Member Scott Minikus
Council Member Jon Peat

PLEDGE OF ALLEGIANCE
INVOCATION Neighborhood Church
The City Council does not endorse the content of the invocation and does not endorse the invocational speaker’s particular faith, belief and/or religious denomination. The City Council has an established neutral policy for selecting and scheduling invocational speakers. The City Council’s policy on invocations is available from the City Clerk.

REPORT OF WORKSHOP AGENDA / CLOSED SESSION
City Manager/City Attorney

PRESENTATIONS
Recognition of Special Needs Sports Leaders
Law Enforcement Records and Support Personnel Day Proclamation ORAL COMMUNICATIONS (Limited to 30 minutes – three minutes per speaker, unless extended by the City Council)
The public may address the City Council on any matters prior to any action taken on the agenda. Although Council Members may provide brief responses, the City Council may not discuss or take action on items that are not on its agenda.

If you would like to address the City Council in person, please complete a Speaker's Card. If you would like to address the City Council via the meeting webinar, please click the 'hand raise' button, unmute your microphone and wait for the Mayor or City Clerk to call on you. = Hand Raise = Unmute
Speakers providing comments in person will be called first. Speakers are requested to limit their comments to no more than three minutes.

Alternatively, comments may be submitted to [email protected] prior to 3:00 p.m. on October 24, 2022. All comments submitted via email prior to the deadline will be added to the agenda as a Consent Calendar item.

October 24, 2022 | Page 2

CONSENT CALENDAR
All matters listed on the Consent Calendar are to be approved with one motion unless a Council Member requests separate action on a specific item.

1. Receive and File Public Comments Submitted for the October 24, 2022 City Council Meeting
Prepared by: Alisha Farnell, City Clerk
Recommendation: Receive and file submitted public comments.

2. Introduce and/or Adopt All Ordinances and Resolutions Presented for Consideration by Title Only and to Waive Further Reading

3. Approve Minutes - Meeting of October 10, 2022
Prepared by: Alisha Farnell, City Clerk
Recommendation: Approve as submitted.

4. Approve First Reading of Ordinances Adopting the 2022 Model Building, Electrical, Plumbing, and Fire Codes, with City Amendments Prepared by: Doug Dancs, Director of Public Works
Recommendation: Approve the first reading, by titles only, of Ordinances adopting the 2022 model Building, Electrical, Plumbing, and Fire Codes, with City amendments.

5. Adopt a Resolution Approving a One-Time Retention Stimulus Payment to Full-Time Employees in the Cypress Employees' Association, Maintenance Employees' Association and Police Management Association Prepared by: Matt Burton, Director of Finance and Administrative Services Recommendation:

1. Adopt a Resolution approving a one-time retention stimulus payment of $1,000 to eligible employees in the Cypress Employees' Association, Maintenance Employees' Association, and Police Management Association, and

2. Authorize the appropriation of $41,700 in the City's General Fund and $7,900 in the Cypress Recreation and Park District's General Fund using available FY 2021-22 salary savings to fund the one-time retention stimulus payments.

6. Adopt a Resolution Updating the Public Works Contract Award Thresholds Prepared by: Doug Dancs, Director of Public Works
Recommendation: Adopt a Resolution updating the Public Works contract award thresholds.

7. Approve Plans and Specifications for Senior Center Interior Improvements, October 24, 2022 | Page 3

7. Approve Plans and Specifications for Senior Center Interior Improvements, Project 290
Prepared by: Doug Dancs, Director of Public Works
Recommendation: Approve Plans and Specifications for Senior Center Interior Improvements, Project 290.

8. Approve an Agreement for On-Call Affordable Housing Consulting Services Prepared by: Alicia Velasco, Planning Director
Recommendation: Approve an agreement with RSG, Inc. for on-call affordable housing consulting services.

9. Approve the Revised Award of Purchase for One Replacement Police Vehicle Prepared by: Doug Dancs, Director of Public Works
Recommendation:

1. Authorize the revised award of purchase for one replacement police vehicle, including partial upfitting, for $72,480.56 from Wondries Fleet Group via National Auto Fleet Group through the Sourcewell cooperative purchasing program; and

2. Authorize an appropriation increase in the amount of $11,421.

10. Approve an Update to the Fiscal Strategies
Prepared by: Matt Burton, Director of Finance and Administrative Services Recommendation: Approve an update to the Fiscal Strategies to establish annual discretionary payments to CalPERS using a portion of available year-end operating surpluses.

11. Award Contracts for Oak Knoll Park Parking Lot Resurfacing, Project 332 Prepared by: Doug Dancs, Director of Public Works
Recommendation:

1. Approve Plans and Specifications for the Oak Knoll Park Parking Lot Resurfacing, Project 332; and

2. Award a contract to J B Bostick Company, Anaheim, CA, for $53,000, and authorize a contingency of $7,950; and

3. Approve a Task Order for Construction Inspection Services to Ardurra Group, Inc., for $16,550, and authorize a contingency of $1,700.

October 24, 2022 | Page 4

12. Certify a Special Assessment Against 8121 Gay Street for the Collection of Nuisance Abatement Costs
Prepared by: Alicia Velasco, Planning Director
Recommendation: Adopt a Resolution certifying a special assessment against 8121 Gay Street (APN: 262-031-41) for collection of delinquent city nuisance abatement costs.

13. Approve the Urban Area Security Initiative Sub-Recipient Agreement with the City of Santa Ana
Prepared by: Mark Lauderback, Chief of Police
Recommendation:

1. Approve the Fiscal Year 2021 Urban Area Security Initiative (UASI) Sub-Recipient Agreement with the City of Santa Ana; and

2. Authorize the City Manager to execute all UASI related documents.

14. Proclaim November 8, 2022 as Law Enforcement Records and Support Personnel Day
Prepared by: Alisha Farnell, City Clerk
Recommendation: Proclaim November 8, 2022 as Law Enforcement Records and Support Personnel Day.

15. Receive and File the Investment Report for the Month Ended September 30, 2022 Prepared by: Matt Burton, Director of Finance and Administrative Services Recommendation: Receive and file the attached investment reports.

16. Approve Register of Warrants, Transfers, and Wires Issued for the Period of September 24, 2022 through October 7, 2022
Prepared by: Matt Burton, Director of Finance and Administrative Services Recommendation: Approve the attached payment register summarized below for the period of September 24, 2022 through October 7, 2022:

Electronic Funds Transfers 11941 through 11985
Warrants 60660 through 60774
Payroll Transfers W1485

NEW BUSINESS
None.

ORAL COMMUNICATIONS (Five minutes per speaker, unless extended by the City Council) October 24, 2022 | Page 5
ORAL COMMUNICATIONS (Five minutes per speaker, unless extended by the City Council) The public may address the City Council on any matters prior to any action taken on the agenda. Although Council Members may provide brief responses, the City Council may not discuss or take action on items that are not on its agenda.

COUNCIL MEMBER REPORTS AND REMARKS

CITY MANAGER REMARKS

ADJOURNMENT
The next meeting will be an adjourned Regular Meeting, to be held on Monday, November 14, beginning at 5:30 p.m. in the Executive Board Room.

I hereby certify under penalty of perjury under the laws of the State of California, that the foregoing Agenda was posted on the City Hall bulletin board not less than 72 hours prior to the meeting. Dated this 21st day of October, 2022.

________________________________
Alisha Farnell, City Clerk
In compliance with the Americans With Disabilities Act, if you need special assistance to participate in this meeting, you should contact the City Clerk at (714) 229-6685 at least 72 hours prior to the meeting to enable the City to make reasonable arrangements to assure accessibility to this meeting.

October 24, 2022 | Page 6
CITY OF CYPRESS
CITY COUNCIL REPORT
City Council Regular 1.

FROM: Alisha Farnell, City Clerk
DATE: 10/24/2022
SUBJECT: Receive and File Public Comments Submitted for the October 24, 2022 City Council Meeting

RECOMMENDATION
Receive and file submitted public comments.

BUDGET IMPACT
None.

LEGAL REVIEW
None required.

APPROVED BY: Peter Grant, City Manager
CITY OF CYPRESS
CITY COUNCIL REPORT
City Council Regular 3.

FROM: Alisha Farnell, City Clerk
DATE: 10/24/2022
SUBJECT: Approve Minutes - Meeting of October 10, 2022

RECOMMENDATION
Approve as submitted.

BUDGET IMPACT
None.

LEGAL REVIEW
None required.

APPROVED BY: Peter Grant, City Manager
Attachments
October 10, 2022 Meeting Minutes

REGULAR MEETING

CYPRESS CITY COUNCIL
OCTOBER 10, 2022
6:00 P.M.

A regular meeting of the Cypress City Council was called to order at 6:00 p.m. by Mayor Morales in the Executive Board Room, 5275 Orange Avenue, Cypress, California.

Council Member Scott Minikus
Council Member Jon Peat

STAFF PRESENT
City Manager Peter Grant
City Attorney Fred Galante
City Clerk Alisha Farnell

ORAL COMMUNICATIONS
None.

CLOSED SESSION
The City Attorney announced the City Council would convene in Closed Session regarding the following matters:

CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(d)(1)
Fortis LLP v. France Marquez, City of Cypress
Case No. 30-2022-01277792-CU-WM-CJC
Orange County Superior Court
CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
Pursuant to Government Code Section 54956.9(d)(2)
Significant exposure to litigation – one potential case Claimant: BKK Working Group
Mayor Morales recessed the meeting at 6:02 p.m.

RECONVENE
Mayor Morales reconvened the City Council meeting at 7:10 p.m.

STAFF PRESENT
City Manager Peter Grant
City Attorney Fred Galante
Director of Finance and Administrative Services Matt Burton Director of Public Works Doug Dancs
Director of Recreation and Community Services Jeff Draper Chief of Police Mark Lauderback
Planning Director Alicia Velasco
City Clerk Alisha Farnell
Community Outreach Officer Julie Marquez
PLEDGE OF ALLEGIANCE Mayor Pro Tem Hertz-Mallari led the Pledge of Allegiance.

INVOCATION Pastor Trevor Cooper, First Baptist Church of Cypress, led the Invocation.

REPORT OF WORKSHOP AGENDA/CLOSED SESSION
The City Attorney reported that the City Council met in Closed Session and discussed the two items listed on the Closed Session Agenda.

Regarding the first item listed on the agenda, namely Conference with Legal Counsel – Existing Litigation, the matter of Fortis LLP v. Frances Marquez, City of Cypress. He reported that the City Council held a discussion and by motion of Mayor Pro Tem HertzMallari, seconded by Council Member Minikus, and carried 4-1-0 with Council Member Marquez voting No, the City Council declined to provide a defense in that matter to Council Member Marquez but reserves the right to provide indemnification in the future depending on the outcome of the matter.

Regarding the second Closed Session item listed on the agenda, Conference with Legal Counsel – Anticipated Litigation, the matter of BKK Working Group, significant exposure to litigation. He reported the City Council received an update and held a discussion. A motion was made by Council Member Minikus, seconded by Council Member Marquez, and carried 4-0-1 with Mayor Pro Tem Hertz-Mallari abstaining and not participating in the vote, to approve a three-year tolling agreement with BKK working group.

PRESENTATION
The City Manager provided a presentation on the Certificate of Achievement for Excellence in Financial Reporting.

The City Council presented Cypress Police Department with a “Red Ribbon Week” Proclamation. Community Outreach Officer Julie Marquez accepted the Proclamation on behalf of the Police Department.

ORAL COMMUNICATIONS (Limited to 30 minutes – three minutes per speaker, unless extended by the City Council)
Edwin Kraemer, Cypress, spoke regarding agenda item no. 13.

Shelley Henderson, Cypress, spoke on behalf of the Cypress Chamber of Commerce regarding the Candidate Forum.

Bob Youngsma, Cypress, spoke regarding California Voting Rights Act litigation, a fallen tree that blocked a residential street, and alleged bias on the City Council.

Lianne Osendorf, Cypress, apologized for a social media post she unintentionally posted on the City’s page and spoke regarding the visit to Cypress High School by Council Member Marquez and two candidates.

CONSENT CALENDAR
All matters listed on the Consent Calendar are to be approved with one motion unless a Council Member requests separate action on a specific item.

Mayor Pro Tem Hertz-Mallari commented on Agenda Items No. 9 and 11.

Council Member Marquez commented on Agenda Item No. 9 and requested to pull the item for further discussion.

It was moved by Council Member Peat, and seconded by Council Member Minikus, to approve Consent Calendar Items No. 1 through 8, 10 through 12.

The motion was unanimously carried by the following roll call vote:

AYES: 5 COUNCIL MEMBERS: Marquez, Minikus, Peat, Hertz-Mallari and Morales NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
Item No. 1: Receive and File Public Comments Submitted for the October 10, 2022 City Council Meeting
Recommendation: Receive and file submitted public comments.

Item No. 2: Introduce and/or Adopt All Ordinances and Resolutions Presented for Consideration by Title Only and to Waive Further Reading Item No. 3: Approve Minutes – Meeting of September 21, 2022 and September 26, 2022
Recommendation: Approve as submitted.

Item No. 4: Accept Katella Avenue Median Restoration, Project 267 Recommendation:

1. Accept the Katella Avenue Median Restoration Project 267, in the amount of $436,224.03 and approve the final payment of $21,811.20 to Marina Landscape Inc.; and

2. Authorize the City Engineer to file a Notice of Completion with the County Recorder.

Item No. 5: Adopt a Resolution Amending Hourly Pay Ranges for Temporary PartTime and Seasonal Employees Recommendation: Adopt a Resolution amending hourly pay ranges for temporary parttime and seasonal employees.

RESOLUTION NO. 6906

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,

AND ACTING AS EX OFFICIO GOVERNING BOARD OF DIRECTORS

OF THE CYPRESS RECREATION AND PARK DISTRICT AMENDING
RESOLUTION NO. 6866 ESTABLISHING HOURLY PAY RANGES FOR

TEMPORARY PART-TIME AND SEASONAL POSITIONS
Item No 6: Adopt a Resolution Establishing Salary and Benefits for nonRepresented Confidential Positions Recommendation: Adopt a Resolution amending Resolution No. 6850 establishing salary and benefits for non-represented Confidential positions.

RESOLUTION NO. 6907

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,

AND ACTING AS EX OFFICIO GOVERNING BOARD OF DIRECTORS

OF THE CYPRESS RECREATION AND PARK DISTRICT AMENDING
RESOLUTION NO. 6850 ESTABLISHING SALARY RANGES AND

BENEFITS FOR CONFIDENTIAL POSITIONS
Item No. 7: Adopt Resolutions Establishing Salary and Benefits for Executive Management and Mid-Management Positions
Recommendation:

1. Adopt a Resolution establishing salary ranges for Executive Management positions; and

2. Adopt a Resolution establishing salary ranges for Mid-Management positions; and

3. Adopt a Resolution approving the Schedule of Benefits (Exhibit A) for Executive Management and Mid-Management positons.

RESOLUTION NO. 6908

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, AND

ACTING AS EX-OFFICIO GOVERNING BOARD OF DIRECTORS OF THE

CYPRESS RECREATION AND PARK DISTRICT, AMENDING RESOLUTION NO. 6851 ESTABLISHING SALARY RANGES FOR EXECUTIVE

MANAGEMENT POSITIONS
RESOLUTION NO. 6909

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,

AND ACTING AS EX-OFFICIO GOVERNING BOARD OF DIRECTORS

OF THE CYPRESS RECREATION AND PARK DISTRICT, AMENDING
RESOLUTION NO. 6898 ESTABLISHING SALARY RANGES FOR

MID-MANAGEMENT POSITIONS
RESOLUTION NO. 6910

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,

AND ACTING AS EX OFFICIO GOVERNING BOARD OF DIRECTORS

OF THE CYPRESS RECREATION AND PARK DISTRICT AMENDING
RESOLUTION NO. 6859 ESTABLISHING BENEFITS FOR

MANAGEMENT EMPLOYEES
Item No 8: Adopt a Resolution Delegating Certain Oversight Responsibilities for the Office of the City Clerk to the City Manager
Recommendation: Adopt a Resolution delegating certain oversight responsibilities for the Office of the City Clerk to the City Manager.

RESOLUTION NO. 6911

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,

CALIFORNIA, DELEGATING TO THE CITY MANAGER CERTAIN

OVERSIGHT RESPONSIBILITIES FOR THE OFFICE OF THE CITY
CLERK
Item No. 10: Award a Contract for Sewer Relining, Project 317 Recommendation:

1. Approve Plans and Specifications for Sewer Relining, Project 317; and

2. Award a contract to Nu Line Technologies, LLC, CA for $163,129 and authorize a contingency of $24,500; and

3. Approve a Task Order for Construction Inspection Services to Ardurra Group, Inc., for $25,090, and authorize a contingency of $3,750.

Item No. 11: Proclaim the week of October 23-29, 2022 as Red Ribbon Week Recommendation: Proclaim the week of October 23-29, 2022 as Red Ribbon Week.

Item No. 12: Approve Register of Warrants, Transfers, and Wires Issued for the Period of September 10, 2022 through September 23, 2022 Recommendation: Approve the attached payment register summarized below for the period of September 10, 2022 through September 23, 2022 • Electronic Funds Transfers 11819 through 11940
• Warrants 60558 through 60659
• Payroll Transfers W1484

END OF CONSENT CALENDAR
Regarding Item No. 9: Approve an Amendment to the Agreement for City Attorney Services
Council Member Marquez stated she will be voting no on this item.

It was moved by Council Member Peat, and seconded by Council Member Minikus, to approve Amendment No. 5 to the Amended and Restated Agreement with Aleshire & Wynder, LLP for City Attorney Services and increase appropriations $35,000 in the General Fund to provide for additional FY 2022-23 costs resulting from Amendment No. 5 to the agreement for City Attorney Services.

The motion was carried by the following roll call vote:

AYES: 4 COUNCIL MEMBERS: Minikus, Peat, Hertz-Mallari and Morales NOES: 1 COUNCIL MEMBERS: Marquez
ABSENT: 0 COUNCIL MEMBERS: None

NEW BUSINESS
Item No. 13: Neighborhood Preservation Pilot Program Update The Planning Director provided a presentation on this item.

City Council discussion ensued.

A motion was made by Council Member Peat, and seconded by Council Member Minikus, to receive the Neighborhood Preservation Pilot Program update.

The motion was unanimously carried by the following roll call vote:

AYES: 5 COUNCIL MEMBERS: Marquez, Minikus, Peat, Hertz-Mallari and Morales NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
Item No. 14: Adopt the Strategic Plan and Six Month Objectives The City Manager provided a report on this item.

Council Member Peat commented on this item.

A motion was made by Council Member Peat, and seconded by Council Member Minikus, to adopt the Strategic Plan and six month objectives.

The motion was unanimously carried by the following roll call vote:

AYES: 5 COUNCIL MEMBERS: Marquez, Minikus, Peat, Hertz-Mallari and Morales NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
ORAL COMMUNICATIONS (Five minutes per speaker, unless extended by the City Council)
Lianne Osendorf, Cypress, spoke regarding misrepresentation of what occurs at City Council meetings, in opposition to district voting, and contention on the City Council.

Bob Youngsma, Cypress spoke regarding trash can placement at Rosen Acacia Park and government/politics class in high school.

Edwin Kraemer, Cypress, spoke regarding Agenda Item No. 13, Arnold Cypress Park renovation, and Cypress High School visit by Council Member Marquez and two candidates.

Maria Campos, Cypress, spoke regarding Cypress High School visit by Council Member Marquez and two candidates.

COUNCIL MEMBER REPORTS AND REMARKS
Council Member Minikus:

Attended the Cypress Community Festival and Cypress Run.

Council Member Peat:

Attended the Regional Military Affairs Committee meeting. Attended the Cypress Run and Cypress Community Festival.

Council Member Marquez:

Attended the Cypress Community Festival. Thanked the Cypress Police Department for their participation in National Walk to School Day.

Mayor Pro Tem Hertz-Mallari:

Thanked the Cypress Chamber of Commerce and Cypress College for hosting the City Council Candidate Forum. Thanked the League of Woman Voters for hosting the Cypress School District Board Member Candidate Forum. Shared voter registration information.

Attended a Celebration Event at Cypress College Veterans Resource Center. Attended the Cypress Run and Cypress Community Festival. Participated in the Community Indicators Report regarding conditions of children in Orange County. Attended a tour of Earth Friendly Products’ headquarters. Will attend an upcoming event for an Orange County Fire Authority wildland hand crew station. Spoke regarding information available on the City’s website on the redesign of Arnold Cypress Park.

The City Manager stated the last day to register to vote is October 24.

Mayor Morales:

Spoke regarding Celebrate Cypress Month events that have occurred and those still to come.

CITY MANAGER REMARKS
The City Manager provided information on the State of the City and Mayor’s Prayer Breakfast. Spoke regarding Red Ribbon Week and partnership with Anaheim Union High School District to address the Fentanyl crisis. Spoke regarding West Cities Police Communications Center’s contract renewal with the County of Orange. Congratulated Recreation Coordinator Ervy Rodriquez for winning his age division and finishing second overall in the Cypress 10k Run. Congratulated his wife for finishing third in her age division and 9
th overall in the Cypress 5k Run. Wished his wife a Happy Anniversary.

Council Member Marquez interjected to give a shout out to a resident and thanked her for her support. Further, Council Member Marquez requested to place a letter regarding the June 27, 2022 censure resolution of herself on a future agenda.

Discussion ensued between the City Council, City Attorney, and City Manager.

The City Attorney stated the discussion would be relative to a potential reconsideration of an issue the City Council has already decided and is outside the policy to request an item on the agenda.

ADJOURNMENT
A motion was made by Council Member Peat, seconded by Council Member Minikus, and carried 4-1-0, with Council Member Marquez voting No, to adjourn the meeting at 8:32 p.m. Mayor Morales announced the next Regular City Council Meeting will be held on Monday, October 24, 2022, beginning at 5:30 p.m. in the Executive Board Room. _______________________________

MAYOR OF THE CITY OF CYPRESS
ATTEST:
___________________________________

CITY CLERK OF THE CITY OF CYPRESS
CITY OF CYPRESS
CITY COUNCIL REPORT
City Council Regular 4.

FROM: Douglas Dancs, Director of Public Works
DATE: 10/24/2022
SUBJECT: Approve First Reading of Ordinances Adopting the 2022 Model Building, Electrical, Plumbing, and Fire Codes, with City Amendments

RECOMMENDATION
Approve the first reading, by titles only, of Ordinances adopting the 2022 model Building, Electrical, Plumbing, and Fire Codes, with City amendments.

SUMMARY
All private construction must comply with the State building codes adopted every three years.

Once the State adopts the code and State amendments, local agencies must then adopt the State codes along with any local amendments. Local amendments require findings related to specific local topographic, climatic or geographic conditions. These findings are part of the code adoption documents as justification for the local amendments. The public hearing for this item will be held at the November 14, 2022 City Council meeting.

DISCUSSION
The City Council last revised and accepted the current model building codes in November 2019. The State adoption of the 2022 California Building Codes goes into effect on January 1, 2023. The Orange County Fire Authority (OCFA) has prepared the attached Fire Ordinance and amendments, based on local conditions.

The City’s amendments to the State mandated model codes are due to the existence of unique local conditions. For example, due to unique soil properties in Cypress, the Ordinance includes an amendment requiring the use of sulfate resistant concrete with a moisture barrier in residential slabs and foundations to protect them from deterioration.

As in the example above, most of the amendments are not new and therefore repeated from previous code cycles. There were fewer amendments this cycle with no major issues of note.

State updates are also few and minor in nature.

Examples of changes in this cycle include items regarding energy, including new homes must be:
must be:

Prewired for future electric appliances.

Prewired for energy storage devices such as solar batteries.

Minimum larger 225 amp main panels to handle future electrical appliance loads.

Although the Codes become effective January 1, 2023, plans submitted to plan check prior to January 1, 2023, will not be subject to the new code requirements. All projects submitted on or after January 1, 2023, will be subject to the new codes. The City will provide a notice to all contractors and developers through the City’s website and at the public counter.

Once adopted, the attached Ordinances with amendments become the City’s Building, Electrical, Plumbing, and Fire Codes. If the City does not take action, State Codes go into effect January 1, 2023, without City or OCFA amendments. The Orange County Building Industry Association (OCBIA) received a notice and copy of the proposed amendments. The Building Division will also notify the State Building Standards Commission of the adopted Code Amendments and Findings as required by State Law.

BUDGET IMPACT
None.

LEGAL REVIEW
None required.

APPROVED BY: Peter Grant, City Manager
Attachments
2022 Building Code
2022 Electrical Code
2022 Plumbing Code
2022 Fire Code
- 1 -
ORDINANCE NO. ____

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CYPRESS, CALIFORNIA, AMENDING SECTIONS 5-1 AND 5-
2 OF CHAPTER 5 OF THE CYPRESS MUNICIPAL CODE,

THEREBY ADOPTING BY REFERENCE THE FOLLOWING
CODES WITH CERTAIN AMENDMENTS THERETO: THE
2022 EDITION OF THE CALIFORNIA BUILDING CODE, THE
2022 EDITION OF THE CALIFORNIA RESIDENTIAL CODE,
THE 2022 EDITION OF THE CALIFORNIA GREEN BUILDING
STANDARDS CODE, THE 2022 EDITION OF THE
CALIFORNIA MECHANICAL CODE, THE 1997 EDITION OF
THE UNIFORM HOUSING CODE, THE 2022 EDITION OF THE
CALIFORNIA ADMINISTRATIVE CODE, THE 2022 EDITION

OF THE CALIFORNIA EXISTING BUILDING CODE, AND
REPEALING ORDINANCE NO. 1178.

THE CITY COUNCIL OF THE CITY OF CYPRESS DOES
HEREBY ORDAIN AS FOLLOWS:

SECTION I: Section 5-1 of Chapter 5 of the Cypress Municipal Code hereby is amended, in its entirety to read as follows:
“SECTION 5-1 California Building Codes - Adopted, where filed.

The following hereby are adopted by reference and as amended by Section 5-2 of this Chapter, as the Building Codes of the City of Cypress, one (1) copy of each which is on file in the Office of the City Clerk:
a. California Building Code, 2022 edition, Part 2, Volumes I and II, (Based on the 2021 International Building Code) including appendices I and J.
b. California Residential Code, 2022 edition, (Based on the 2021 International Residential Code) including appendix V. c. California Green Building Standards Code, 2022 edition. d. California Mechanical Code, 2022 edition. (Based on the 2021 Uniform Mechanical Code)
e. Uniform Housing Code, 1997 edition
f. California Administrative Code, 2022 edition.
- 2 -
g. California Existing Building Code, 2022 edition.

SECTION II: Section 5-2 of Chapter 5 of the Cypress Municipal Code hereby is amended to read as follows:
“SECTION 5-2 California Building Codes - Amendments, additions and deletions.
(a) Findings: The following amendments and modifications to the 2022 editions of the California Building Codes are hereby found to be reasonably necessary due to consideration of specific local climatic, geological, or topographical conditions as follows:

CALIFORNIA BUILDING CODE, 2022 EDITION

1. Climatic Condition: Hot, dry, and strong Santa Ana winds directly impact the City of Cypress, particularly during the fall and spring seasons. The winds pose a substantial threat in
contributing to the rapid spread of fire, particularly within the city, where there are high density apartments and condominium complexes. The condition necessitates an increased level of fire protection and on-site, automatic fire sprinklers systems.

2. Climatic Condition: The City of Cypress is located in a semi-arid, Mediterranean climate, which predisposes all fuels, including wood shingles, to rapid ignition of fire. Exacerbated by the condition of the high winds, the danger of rapid spread of fire creates the need for additional fire protection measures.

3. Geographic Condition: The City of Cypress lies,
geographically, within Seismic Zone No. 4. A zone 4 region evidences the existence of fault lines, which are susceptible to seismic activity. This condition can impede fire department activity to mitigate damages. Therefore, there exists a need for both additional fire protection measures and automatic, on-site protection for property occupants.

4. Geographic and Topographic Conditions: Traffic and
circulation congestion presently exist in Orange County and place fire department response time to emergencies at risk. This condition makes the need for automatic, on-site fire protection for property occupants necessary.

Placement of multiple-occupancy buildings, location of arterial roads, and fire department staffing constraints due to revenue- - 3 -
limiting state legislation have made it difficult for the fire department to locate additional fire stations and provide manpower sufficient to concentrate fire apparatus and personnel to control fires in high density apartment or condominium complexes. This condition creates the need for on-site automatic fire sprinkler systems.

5. Modification to Section 105.2, 115 and 1511 are
administrative amendments of local discretion.
(b) Amendments: The following amendments are made to the California Building Code, 2022 edition adopted by this Chapter:

1. Section 105.2 is amended to read as follows:

Exempted work. A building permit shall not be required for the following:

1. One-story, detached accessory buildings used as
tool or storage sheds, playhouses, or similar uses,
provided the projected roof area does not exceed one
hundred twenty (120) square feet.

2. Block walls three (3) feet, five (5) inches or less.

Wood fences not over 6 feet high.

3. Oil derricks.

4. Retaining walls that are not over 4 feet in height
measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or impounding Class I, II or IIIA liquids.

5. Water tanks supported directly upon grade if the
capacity does not exceed five thousand (5,000) gallons
and the ratio of height to diameter or width does not
exceed two to one (2:1).

6. Sidewalks and driveways not more than (30) thirty
inches above adjacent grade, and not over any basement
or story below and are part of an accessible route.

7. Painting, papering, tiling, carpeting, cabinets,
counter tops and similar finish work.

8. Temporary motion picture, television and theater
stage sets and scenery.

9. Prefabricated swimming pools accessory to a
Group R-3 occupancy that are less than 24 inches
deep, do not exceed 5,000 gallons and are entirely
above ground.

10. Shade cloth structures constructed for nursery or
agricultural purposes, not including service systems.
- 4 -

11. Swings and other playground equipment accessory
to detached one- and two-family dwellings.

12. Window awnings supported by an exterior wall that
do not project more than 54 inches from the exterior wall and do not require additional support of Group R-3 and U occupancies.

13. Non-fixed and movable fixtures, cases, racks,
counters, and partitions not over 5 feet 9 inches in height.

Unless otherwise exempted, separate plumbing, electrical and mechanical permits may be required for the above
exempted items.

Exemption from the permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction.

2. Section 115 is hereby amended to add the following:

When a building, structure, or construction project has been deemed a public nuisance by the Building Official, the entire lot shall be fenced along its perimeter with a minimum six foot (6') high chain link fence. The enclosure shall contain gates to allow construction traffic through. When not in use, such gates shall be closed and locked.

3. Section 202 Definitions is adopted in its entirety with the following amendments: General Definitions is hereby revised by adding “Spark Arrestor” as follows: Spark Arrestor is a listed device constructed of noncombustible material specifically for the purpose of meeting one of the following conditions:
a. Removing and retaining carbon and other
flammable particles/debris from the exhaust flow of an
internal combustion engine in accordance with
California Vehicle Code Section 38366.
b. Fireplaces that burn solid fuel in accordance with
California Building Code Chapter 28.

4. Section 501.2 is hereby amended to read as follows:

Section 501.2. Approved numbers or addresses shall be
provided for all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the - 5 -
property.

Said numbers shall contrast with their background. Any
commercial building occupied by more than one business shall have numbers or addresses placed on or immediately adjacent to all doors that would allow fire department access in an emergency. In no case shall the numbers be less than four (4) inches with a one-half inch stroke for residential and six (6) inches for commercial or multifamily residential with a one (1) inch stroke.

Multiple units (i.e., apartments, condominium, townhouses, businesses, etc.) having entrance doors not visible from the street or road shall have approved numbers grouped for all businesses within each structure and positioned to be plainly visible from the street or road. Said numbers may be grouped on the wall of the structure or on a substantial mounting post independent of the structure.

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

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

2. Existing Buildings: Notwithstanding any applicable
provisions of this code, an automatic sprinkler system
shall be provided in an existing building when an addition occurs and when one of the following conditions exists:
a. When an addition is 33% or more of the existing
building area, and the resulting building area exceeds
5000 square feet (465 m2) as defined in Section 202;
or
b. When an addition exceeds 2000 square feet (186
m2) and the resulting building area exceeds 5000
square feet (465 m2) as defined in Section 202.
- 6 -
c. An additional story is added above the second
floor regardless of fire areas or allowable area.

Exception: Group R-3 occupancies. Group R-3 occupancies shall comply with Section 903.2.8.

6. Section 903.2.8 Group R is hereby revised as follows with no change to the exceptions:
903.2.8 Group R. An automatic sprinkler system installed in accordance with Section 903.3 shall be provided throughout all buildings with a Group R fire area as follows:

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

2. Existing Buildings: An automatic sprinkler system shall be installed throughout when the building area exceeds
3,600 square feet (334 m2) and when one of the following conditions exists:
a. When an addition is 33% or more of the existing
building area as defined in Section 202, within a twoyear period; or b. An addition when the existing building is already
provided with automatic sprinklers; or
c. When an existing Group R Occupancy is being
substantially renovated, and where the scope of the
renovation is such that the Building Code Official
determines that the complexity of installing a
sprinkler system would be similar as in a new
building.

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

Exception: When static pressure exceeds 100 psi, and
when required by the fire code official, the fire sprinkler system shall not exceed the water supply capacity
specified by Table 903.5.3.
- 7 -

8. Section 1505.1 is hereby amended to the following:

Minimum Class B Roof Covering. The roof covering on any structure regulated by this code shall be as specified in amended table 1505.1 and shall be classified not less than Class B.

9. Table 1505.1 is hereby amended, by the deletion of Table 1505.1 and the addition of a new Table 1505.1 thereto, to read as follows:

TABLE 1505.1

MINIMUM ROOF COVERING CLASSIFICATIONS

TYPES OF CONSTRUCTION

IA IB IIA IIB IIIA IIIB IV VA VB

B B B B B B B B B

10. Section 1505.1.3 is hereby amended, by the deletion of the entire section and the addition of a new section thereto, to read as follows:
1505.1.3 Roof coverings within all other areas. The entire roof covering of every existing structure where more than 50 percent of the total roof area is replaced within any one-year period, the entire roof covering of every new structure, and any roof covering applied in the alteration, repair or replacement of the roof of every existing structure, shall be a fire-retardant roof covering that is at least Class B.

11. Section 1511.3 is hereby amended by adding the following:

Not more than one (1) overlay of asphalt shingles shall be applied over an existing asphalt shingle roof.

Not more than one (1) overlay of asphalt shingle roofing shall be applied over wood shingles. Asphalt shingles applied over wood shingles shall have an overlay underlayment of not less than type 30 non-perforated felt.

12. Section 1907 is hereby amended by adding the following:
- 8 -
Type V cement complying with table No. 1904A.2 for severe sulfate exposure or equal is required for use in all R-1, R-3 and U1 Occupancies footings and slabs on grade. Slabs on grade shall be protected from exposure to moisture by not less than a 10 mil. thick moisture barrier.

13. Section 3109.2 is hereby amended by adding the following definition:

PRIVATE POOL is any constructed pool, permanent or
portable, which is intended for non-commercial use as a swimming pool by not more than three owner families and their guests.

14. Section 3109.2 is amended to clarify that pool barriers which are already in the Code are scoped so as to apply on all private swimming pools and shall be amended as follows:

The top of the pool barrier shall be not less than 5’ (60”) above grade measured from the side of the barrier that faces away from the swimming pool.

15. Chapter 35 Referenced Standards
Refer to OCFA fire Code Local Amendments Chapter 80
for Referenced Standards.
(c) The following amendments are added to the 2022
California Residential Code:

16. Chapter 2 Section 202 Definitions is hereby revised by adding “OCFA” and “Spark Arrestor” as follows:

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

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

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

Chapter 3 Building Planning is adopted in its entirety with the following amendments and additions:

17. Section R301.9 Fuel Modification Requirements for New Construction is hereby added as follows:
- 9 -
R301.9 Fuel Modification Requirements for New Construction. All new structures and facilities adjoining land containing hazardous combustible vegetation shall be approved and in accordance with the requirements of OCFA Guideline C-05 “Vegetation Management Guideline – Technical Design for new Construction Fuel Modification Plans and Maintenance Program.”

18. Section R309.6 Fire sprinkler attached garages, and carports with habitable space above is hereby amended by modifying the exception as follows:

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

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

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

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

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

21. Section R313.3.6.2.2 Calculation procedure is hereby revised as follows:

Section R313.3.6.2.2 Calculation procedure. Determination of the required size for water distribution piping shall be in accordance with the following procedure and California Fire Code Section 903.3.5.

22. R319 Site Address is hereby revised as follows:

R319 Site Address. New and existing buildings shall have approved - 10 -
address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Where required by the fire code official, address numbers shall be provided in additional approved locations to facilitate emergency response. Address numbers shall be Arabic numbers or alphabetical letters. Numbers shall be a minimum of 4 inches (101.6 mm) high with a minimum stroke width of 0.5 inch (12.7 mm), and 6” letters with a 1” stroke for commercial. Where access is by means of a private road and the building cannot be viewed from the public way, a monument, pole or other sign or means shall be used to identify the structure. Address numbers shall be maintained.

23. Section R337.1.3 Application is hereby revised as follows:

R337.1.3 Application. New buildings located in any Fire Hazard Severity Zone, or any Wildland-Urban Interface Fire Area designated by the enforcing agency constructed after the application date, and additions to and remodel of buildings constructed before 2012 located in areas currently designated as such, shall comply with the provisions of this chapter. The provisions shall also apply to additions, remodels, and accessory structures located within 100 feet of a fuel modification zone, vegetation management area, or similar area containing hazardous combustible vegetation, regardless of whether the property is currently located in a designated Fire Hazard Severity Zone or Wildland-Urban Interface Area, when materials and/or construction methods for exterior wildfire exposure were previously required at the property by the Building or Fire Code Official.

Exceptions:

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

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

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

24. Section R902.1 through 902.2 is hereby amended as follows: Not less than Class B roofing permitted. A minimum of Class A or B roof covering is required.

25. Chapter 10 Chimneys and Fireplaces is adopted in its entirety - 11 -
and newly amended this code cycle by adding section 1001.13 as follows:

Section R1001.13 Chimney spark arrestors is hereby added as follows:

R1001.13 Chimney spark arresters. All chimneys attached to any appliance or fireplace that burns solid fuel shall be equipped with an approved spark arrester. Chimneys serving outdoor appliances or fireplaces shall be equipped with a spark arrester. The spark arrester shall meet the requirements of Section 2113.9.2 of the California Building Code.

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

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

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

Exception: Barbeques, grills, and other portable devices intended solely for cooking
Section R1001.13.1 Gas-fueled devices is hereby added as follows:

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

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

R1001.13.2 Devices using wood or fuels other than natural gas or liquefied-petroleum gas. Fireplaces burning wood or other solid fuel shall be constructed in accordance with Section R1001. Fires in a fireplace shall be contained within a firebox with an attached chimney.

The opening in the face of the firebox shall have an installed and maintained method of arresting sparks. The burning of wood or other solid fuel in a device is not allowed within 15 feet of combustible structures, unless within a permanent or portable fireplace. - 12 -
Section R1001.13.3 Devices using wood or fuels other than natural gas or liquefied-petroleum gas is hereby added as follows:

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

Chapter 44
Referenced Standards
(R-3 Occupancy related standards are included)

26. Chapter 44 Referenced Standards is adopted in its entirety with the following amendments:

Section 8.15.1.2.7 is hereby revised as follows:

8.15.1.2.7 Concealed spaces filled with noncombustible insulation shall not require sprinkler protection when approved by fire code official.

Section 11.1.1.1 is hereby added as follows:

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

Section 11.2.3.1.1.1 is hereby added as follows:

11.2.3.1.1.1 The available water supply for fire sprinkler system design shall be determined by one of the following methods, as approved by the fire code official:
1) Subtract the project site elevation from the low water level for the appropriate pressure zone and multiply the result by 0.433. 2) Use a maximum of 40 psi, if available.
- 13 -
3) Utilize the OCFA water-flow test form/directions to document a flow test conducted by the local water agency or an approved third party licensed in the State of California.

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

Section 7.1.2 is hereby revised as follows:

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

28. 2022 CRC Appendix V is hereby amended to conform with 2022 CBC section 3109.2 as amended in items 13 and 14 above.

Enclosure height shall be 60” minimum.
(d) The 2022 California Green Building Code is hereby
amended as follows:

29. Section 202 is amended to add the following definition:

Sustainability. Consideration of present development and construction impacts on the community, the economy, and the environment without compromising the needs of the future.
(e) The following amendment is made to the California
Mechanical Code, 2022 edition, adopted by this Chapter.

30. Section 301.0 is hereby amended by adding the following paragraph:

Equipment regulated by this Code shall not be located in any required front yard as established by the building code or zoning ordinances. Equipment may be located in a required side yard subject to Cypress Zoning Ordinance.
(f) The following amendment is made to the Uniform Housing Code, 1997 edition, adopted by this Chapter:

31. Chapter 2 is hereby amended by adding thereto the following sections:

Section 201.1 - Authority. The Building Official and the health - 14 -
officer are hereby authorized and directed to administer and enforce all of the provisions of this Code. For such purposes, they shall have the powers of law enforcement officers.

Section 201.2. Right of Entry. Whenever necessary to make an inspection to enforce any of the provisions of this code and the technical codes, or whenever the Building Official or health officer or their authorized representatives have reasonable cause to believe that there exists in any building, or upon any premises, any condition or code violation which makes such building or premises unsafe, dangerous or hazardous, the Building Official, the health officer or their authorized representatives may enter such building or premises at all reasonable times, to inspect the same or to perform any duty imposed upon the Building Official or the health officer by such codes, provided that if such building or premises be occupied, the Building Official, the health officer or their authorized representatives, shall first present proper credentials and demand entry; and if such building or premises be unoccupied, they shall first make reasonable effort to locate the owner or other persons having charge or control of the building or premises and request entry. If such entry is refused, the Building Official, the health officer or their authorized representatives shall have recourse to every remedy provided by law to secure entry.

No owner or occupant or any other person having charge, care or control of any building or premises shall fail or neglect, after proper request is made as herein provided, to promptly permit entry therein by the Building Official, the health officer or their authorized representatives for the purpose of inspection and examination pursuant to this code. Any person violating this subdivision shall be guilty of a misdemeanor, and subject to punishment in accordance with Section 1-7 of the Code of the City of Cypress.
(g) The following amendments are added to California
Administrative Code, 2022 edition:

32. Chapter 1 is amended to add the following:
(a) Right of Entry. Whenever necessary to make an inspection to enforce any of the provisions of this code and the technical codes, or whenever the Building Official or health officer or their authorized representatives have reasonable cause to believe that there exists in any building, or upon any premises, any condition or code violation which makes such building or premises unsafe, dangerous or hazardous, the Building Official, the health officer or their authorized representatives may enter such building or premises at all reasonable times, to inspect the same or to perform any duty imposed upon the Building Official or the - 15 -
health officer by such codes, provided that if such building or premises be occupied, the Building Official, the health officer or their authorized representatives, shall first present proper credentials and demand entry; and if such building or premises be unoccupied, they shall first make reasonable effort to locate the owner or other persons having charge or control of the building or premises and request entry. If such entry is refused, the Building Official, the health officer or their authorized representatives shall have recourse to every remedy provided by law to secure entry.

Any person violating this subdivision shall be guilty of a misdemeanor, and subject to punishment in accordance with Section 1-7 of the Code of the City of Cypress.

SECTION III: This Ordinance is exempt from the provisions of the California Environmental Quality Act, ("CEQA"), 14 California Code of Regulations Section 15061(b)(3).

SECTION IV: If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court or competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance.

The City Council of the City of Cypress hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase or portion hereof, irrespective of the fact that any one or more section, subsections, clauses phrases, or portions be declared invalid or unconstitutional.

SECTION V: The City Clerk is hereby authorized and directed to certify as the passage of this Ordinance and to give notice thereof by causing copies of this Ordinance to be posted in three public places throughout the City.

FIRST READING at a regular meeting of the City Council of the City of Cypress held on the 24th day of October 2022, and finally adopted and ordered posted at a regular meeting held on the 14th day of November 2022. _______________________________________

MAYOR OF THE CITY OF CYPRESS
- 16 -
ATTEST:
_______________________________________

CITY CLERK OF THE CITY OF CYPRESS

STATE OF CALIFORNIA )

COUNTY OF ORANGE ) SS
I, ALISHA FARNELL, City Clerk of the City of Cypress, DO HEREBY CERTIFY that the foregoing Ordinance was duly adopted at a regular meeting of the City Council of the City of Cypress held on the 14th day of November 2022, by the following roll call vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS
ABSENT: COUNCIL MEMBERS
________________________________________

CITY CLERK OF THE CITY OF CYPRESS
- 1 -
ORDINANCE NO.____

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING CHAPTER 8 OF THE CYPRESS CITY MUNICIPLE CODE

AND THEREBY ADOPTING BY REFERENCE THE CALIFORNIA
ELECTRICAL CODE, 2022 EDITION, WITH CERTAIN AMENDMENTS
AND REPEALING ORDINANCE NO. 1179

THE CITY COUNCIL OF THE CITY OF CYPRESS DOES HEREBY ORDAIN AS FOLLOWS:

SECTION I: Section 8-1 of Chapter 8 of the Municipal Code of the City of Cypress is hereby amended to read as follows:
“ARTICLE I. IN GENERAL,”
Section 8-1 California Electrical Code - Adopted, where filed.

There hereby is adopted by reference, as the Electrical Code of the City of Cypress, the California Electrical Code, 2022 edition, (based on the 2017 National Electrical Code), as amended by Sections 8-2 and 8-3 of this chapter, one (1) copy of which is on file in the office of the City Clerk.” SECTION II: Section 8-2 of Chapter 8 of the Municipal Code of the City of Cypress is hereby amended to read as follows:
“Section 8-2 Amendments.
(a) Findings. The following amendments and modifications to the 2022 edition of the California Electrical Code are hereby found to be reasonably necessary due to consideration of specific local climatic, geological, or topographical conditions as follows:

1. Local climatic conditions necessitate that residential dwelling units be protected from construction practices and electricity usage practices that have had a history of causing or contributing to the cause of fire related damage to residential dwelling structures in the City of Cypress. (Affects Section 110-5, 210-1, 300-6, 334-12, and 422-4)

2. Local geological conditions in the City of Cypress, require that grounding electrodes be manufactured of corrosion-resistant material to protect the grounding electrode from deterioration due to high sulfate levels found in the soil. [Affects Section 300-6]
(b) Amendments. The following amendments are made to the California Electrical Code, 2022 edition as adopted by this Chapter. - 2 -
Section 90-4 is hereby amended to add the following paragraphs:

1. The Building Official of the City of Cypress, or the Building Official's authorized representative, is hereby designated as the enforcing authority and vested with the authority to enforce all of the provisions of this Code. Whenever necessary to make an inspection to enforce any of the provisions of this Code, or whenever the Building Official or the Building Official's authorized representative have reasonable cause to believe that there exists in any building, or upon any premises, any condition or code violation which makes such building or premises unsafe, dangerous or hazardous, the Building Official by such codes, provided that if such building or premises be occupied, the Building Official or the Building Official's authorized representative shall first present proper credentials and demand entry; and if such building or premises be unoccupied, they shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and request entry. If such entry is refused, the Building Official, or the Building Official's authorized representative shall have recourse to every remedy provided by law to secure entry.

No owner or occupant or any other person having
charge, care or control of any building or premises shall fail to neglect, after proper request is made as herein provided, to promptly permit entry therein by the Building Official or the Building Official's authorized representative for the purpose of inspection and examination pursuant to this Code. Any person violating this subdivision shall be guilty of a misdemeanor, and subject to punishment in accordance with Section 1-7 of the Code of the City of Cypress.

2. Section 110-5 is hereby amended to add the following:

Notwithstanding any provision or provisions to the
contrary, no aluminum conductors smaller than #8 A.W.G. shall be used.

3. Section 210-1 is hereby amended to add the following:

Accessory uses or other buildings, signs, etc.,
separately located on the same lot or premises, shall have connecting conductors run underground.

Where spare circuit protective devices are provided or
space for future circuit protective devices is provided on the bus in - 3 -
any flush or semi-flush mounted panel, then raceways of sufficient capacity to permit utilization of such space or spaces shall be provided to an approved accessible location. Such accessible location is normally defined as follows: Where sufficient attic space is available or under floor space is available, a raceway shall terminate conveniently for future use in each such space. Where this condition does not exist or other factors govern, then such terminations shall be approved by the enforcing authority.

4. Section 300-6 is hereby amended to add the following:
a. A minimum of 10 mil pipe wrap must be installed on all metallic conduit installed underground and must extend 6” inches above grade.

5. Section 334 is hereby amended by adding Section 334-12 (A) 11:
334-12(A) Uses Not Permitted. (11) Nonmetallicsheathed cable shall not be used for exposed wiring in unfinished garages and basements. Nonmetallic cable shall only be used for concealed wiring in one- and two-family dwellings or multi-family dwellings (apartment houses) not exceeding three floors above grade.

6. Section 422-4 is hereby amended to add subsection (a) to read as follows:
(a) In every dwelling unit, fixed appliances, such as
food grinders, dishwashers, washing machines, dryers, laundry tray locations, built-in heaters, or any other fixed appliances with 1/4 H.P. motor or larger shall be on a separate branch circuit supplied by a minimum No. 12 A.W.G. wire. Each dwelling unit shall have installed therein an individual food waste grinder branch circuit. Said circuit shall be supplied with a minimum No. 12 A.W.G. wire and a 15- ampere indicating type switch. Said switch shall be located in the wall adjacent to the sink. Food waste grinder shall be wired with a minimum of No. 16 A.W.G. 3-wire S.P.T.-33 thermo-plastic, hardfinish cord or equal and an approved grounding type cord grip cap must be used.

SECTION III Section 8-3 of Chapter 8 of the Municipal Code of the City of Cypress is hereby amended to read as follows:
“Section 8-3. Additional Provisions
- 4 -
(a) In addition to the California Electrical Code, 2022 edition, adopted by reference herein as the Electrical Code of the City of Cypress, the following provisions shall be applicable in the City of Cypress:

1. Further Scope. All electrical, telephone, C.A.T.V. and similar service wires or cables, carrying below 34 K.V. capacity, which provide direct service to the property being developed, shall, within the exterior boundary lines of such property, be installed underground. Risers on existing poles and buildings are permitted and shall be provided by the developer or owner onto the pole, which provides service to said property.

Utility service poles may be placed on the rear of the property to be developed, only for the purpose of terminating underground facilities. The developer or owner is responsible for complying with the requirements of the utility companies for the installation of such facilities.

For the purpose of this Section, appurtenances, and associated equipment such as, but not limited to, surface mounted transformers, pedestal mounted terminal boxes and meter cabinets, and concealed ducts in an underground system, may be placed above ground. The City Council may waive the requirements of this Section if topography, soil, or any other conditions make such underground installation impossible or impractical.

2. Concealed Wiring. When any part of a wiring installation is to be hidden from view by the permanent placement of parts of the building, the person, firm, or corporation installing the wiring installation shall notify the Building Official and such parts of the wiring installation shall not be concealed until they have been inspected and approved by the Building Official.

3. Inspections and Corrections. Upon completion of the work which has been authorized by issuance of any permit, except an annual permit, it shall be the duty of the person, firm, or corporation installing the same to notify the Building Official, who shall inspect the installation as soon thereafter as practicable. If, upon inspection, the installation is not found to be in conformity with the provisions of this Code, or any other applicable statute, the Building Official shall notify the person, firm, or corporation making the installation, stating the defects, which have been found to exist.

All defects shall be corrected within ten (10) days after inspection and notification, or within a time period authorized by the Building Official. No electrical installation shall be energized until inspected and approved by the Building Official.

4. Temporary Connection. When authorizing the connection and use of temporary or incomplete work, such authorization shall expire at a time stated by the Building Official.
- 5 -

5. Standards for the Installation of Electrical Equipment. All industrial, commercial, and residential electrical installations within the governmental jurisdiction covered by this Code, shall be in conformity with the provisions of this Code, all applicable State laws, and in accordance with the National Fire Protective Association standards for safety to life and property.

6. Listing or Labeling. Listing or labeling as conforming to the standards of Underwriters Laboratories, Inc., as approved by the United States Bureau of Mines, the American Standards Association, the United States Bureau of Standards, or other similar institutions of nationally recognized standing, shall be prima facie evidence of conformity with approved standards of safety to life and property.

SECTION IV: This Ordinance is exempt from the provisions of the California Environmental Quality Act, ("CEQA"), 14 California Code of Regulation 15061(b)(3).

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

SECTION VI: The City Clerk is hereby authorized and directed to certify as the passage of this Ordinance and to give notice thereof by causing copies of this Ordinance to be posted in three public places throughout the City.

FIRST READING at a regular meeting of the City Council of the City of Cypress held on the 24
th day of October, 2022 and finally adopted and ordered posted at a regular meeting held on the 14th day of November, 2022.
____________________________________

MAYOR OF THE CITY OF CYPRESS
ATTEST:
_____________________________________

CITY CLERK OF THE CITY OF CYPRESS
- 6 -

STATE OF CALIFORNIA )

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS
ABSENT: COUNCIL MEMBERS
_____________________________________

CITY CLERK OF THE CITY OF CYPRESS
- 1 -
ORDINANCE NO. ____

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING CHAPTER 19 OF THE CYPRESS MUNICIPAL CODE AND

THEREBY ADOPTING BY REFERENCE THE FOLLOWING CODES WITH
CERTAIN AMENDMENTS THERETO: THE 2022 EDITION OF THE
CALIFORNIA PLUMBING CODE, THE 2018 EDITION OF THE INTERNATIONAL

SWIMMING POOL, SPA, AND HOT TUB CODE, AND THE UNIFORM

PLUMBING CODE MATERIAL AND INSTALLATION STANDARDS AND
REPEALING ORDINANCE NO. 1180.

THE CITY COUNCIL OF THE CITY OF CYPRESS DOES ORDAIN
AS FOLLOWS:

SECTION I: Section 19-1 of Chapter 19 of the Cypress Municipal Code is hereby amended to read as follows:

SECTION 19-1 California Plumbing Codes - Adopted; where filed.

The following are hereby adopted by reference as the Plumbing Codes of the City of Cypress, one (1) copy of each which is on file in the office of the City Clerk:
a. California Plumbing Code, 2022 edition, with appendices; (Based on the 2019 Uniform Plumbing Code)
b. International Swimming Pool, Spa and Hot Tub Code, 2018 edition.
c. Uniform Plumbing Code Material and Installation Standards, 2021 edition.

SECTION II: Section 19-2 of Chapter 19 of the Cypress Municipal Code is hereby amended as follows:

Section 19-2 California Plumbing Codes; amendments, additions, and deletions. a) The following amendments and modifications are hereby found to be reasonably necessary due to consideration of specific local climatic, geological, or topographical conditions as follows:

CALIFORNIA PLUMBING CODE, 2019 EDITION

1. Section 411 is amended by adding Section 411.4 as follows:

The Building Official may allow the use of standard flush toilets or urinals, when, in the opinion of the Building Official, the - 2 -
configuration of the building drainage system requires a greater quantity of water to adequately flush the system.

This amendment is necessary due to the extremely flat
topography within the city, which may require the use of decreased slopes with increased volume on drainage systems.

2. Section 610.8 is hereby amended to add the following:

Not less than one (1) hose bib in rear yard area must be piped in ¾” inch supply pipe.

This amendment is necessary to provide consistency with the zoning provisions of the Cypress Municipal Code and to
provide additional fire suppression capacity for the rear yard.

3. All other modifications to this Code are administrative in nature.

SECTION III: Section 19-3 of Chapter 19 of the Cypress Code is amended as follows:

SECTION 19-3 - International Swimming Pool Code; Amendments.

The following amendments are made to the International Swimming Pool Code, 2018 edition, adopted by this Chapter:

4. Swimming Pools/Spas - Enclosures Required.

No person shall maintain a swimming pool/spa in the City unless an enclosure, as provided for in this article, is maintained on the lot or premises upon which such pool/spa is situated.

Upon commencement of excavation for a new pool/spa,
temporary fencing shall be installed.

Enclosure Specifications shall comply with 2022 California Building Code, Section 3109 as amended, and Cypress
Municipal Code section 19-10 through 19-12.

SECTION IV: This Ordinance is exempt from the
provisions of the California Environment Quality Act, (“CEQA”), 14 California Code of Regulation 15061(b)(3).

SECTION V: If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such - 3 -
decision shall not affect the validity of the remaining portions of this Ordinance.

The City Council of the City of Cypress hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase or portion hereof, irrespective of the fact that any one or more section, subsections, clauses, phrases, or portions be declared invalid or unconstitutional.

SECTION VI. The City Clerk is hereby authorized and directed to certify as the passage of this Ordinance and to give notice thereof by causing copies of this Ordinance to be posted in three public places throughout the City.

FIRST READING at a regular meeting of the City Council of the City of Cypress held on the 24th day of October, 2022 and finally adopted and ordered posted at a regular meeting held on the 14th day of November, 2022. ________________________________

MAYOR OF THE CITY OF CYPRESS
ATTEST:
___________________________________

CITY CLERK OF THE CITY OF CYPRESS

STATE OF CALIFORNIA )

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS
ABSENT: COUNCIL MEMBERS
____________________________________

CITY CLERK OF THE CITY OF CYPRESS
ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING SECTIONS 5-3 OF CHAPTER 5 OF THE CYPRESS

MUNICIPAL CODE, AND THEREBY ADOPTING BY REFERENCE THE
FOLLOWING CODE WITH CERTAIN AMENDMENTS THERETO: THE
2022 EDITION OF THE CALIFORNIA FIRE CODE AND REPEALING
ORDINANCE NO. 1181

THE CITY COUNCIL OF THE CITY OF CYPRESS DOES HEREBY ORDAIN AS FOLLOWS:

SECTION I. Section 5-3 of Chapter 5 of the Municipal Code of the City of Cypress is hereby amended to read as follows:
“Sec. 5-3” California Fire Code, Adoption, Amendments.
(a) Section 5-3.010. Adopted. An ordinance of the City of Cypress adopting the California Fire Code, 2022 Edition, based on the 2021 International Fire Code, regulating and governing the safeguarding of life and property from fire and explosion hazards arising from the storage, handling and use of hazardous substances, materials and devices, and from conditions hazardous to life or property in the occupancy of buildings and premises in the City of Cypress; providing for the issuance of permits and collection of fees therefore; repealing Ordinance No. 1161 of the City of Cypress and all other ordinances and parts of the ordinances in conflict therewith.

For the purpose of prescribing regulations and governing the safeguarding of life and property from fire and explosion hazards arising from the storage, handling and use of hazardous substances, materials and devices, and from conditions hazardous to life or property in the occupancy of buildings and premises as herein provided, the following fire codes subject to the modifications set forth in this Chapter, are hereby adopted: the California Fire Code, 2022 Edition, based on the 2021 International Fire Code as published by the International Code Council as amended by this chapter shall constitute the Fire Regulations of the City of Cypress. Where the California Code of Regulations and State Building Standards Code of Regulations differ from any sections of the Fire Code, State regulations shall prevail over the Fire Code.

One (1) copy of all the above codes and standards therefore are on file in the office of the fire code official pursuant to Health and Safety Code Section 18942 (d) (1) and are made available for public inspection.

Notwithstanding the provisions of the above-referenced construction codes, all fees for services provided pursuant to the Fire Code shall not take effect until a resolution for such fees is adopted by the Orange County Fire Authority Board of Directors pursuant to California Government Code Sections 66016 and 66020.
(b) Section 5-3.020 Enforcement and inspections. The California Fire Code with amendments shall be enforced by the Orange County Fire Authority, which shall be operated under the Fire Chief of the Orange County Fire Authority. The Fire Chief of the Orange County Fire Authority may detail such members of the fire authority as inspectors as shall be necessary from time to time.”
SECTION II. Section 5-3.030 of Chapter 5 of the Municipal Code of the City of Cypress is hereby repealed. In its place, Section 5-3.030 shall include the following amendments to the California Fire Code, and shall read as follows:
(c) Section 5-3.030 Amendments and Findings.

FINDINGS
I. Climatic Conditions
A. The jurisdiction of Cypress is located in a semi-arid Mediterranean type climate. It annually experiences extended periods of high temperatures with little or no precipitation. Hot, dry (Santa Ana) winds, which may reach speeds of 70 M.P.H. or greater, are also common to the area. These climatic conditions cause extreme drying of vegetation and common building materials. Frequent periods of drought and low humidity add to the fire danger. This predisposes the area to large destructive fires (conflagration). In addition to directly damaging or destroying buildings, these fires are also prone to disrupt utility services throughout the County.

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

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

C. Water demand in this densely populated area far exceeds the quantity supplied by natural precipitation; and although the population continues to grow, the already-taxed water supply does not. California is projected to increase in population by nearly 10 million over the next quarter of a century with 50 percent of that growth centered in Southern California. Due to storage capacities and consumption, and a limited amount of rainfall future water allocation is not fully dependable. This necessitates the need for additional and on-site fire protection features.

D. These dry climatic conditions and winds contribute to the rapid spread of even small fires originating in high-density housing or vegetation. These fires spread very quickly and create a need for increased levels of fire protection. The added protection of fire sprinkler systems and other fire protection features will supplement normal fire department response by providing immediate protection for the building occupants and by containing and controlling the fire spread to the area of origin. Fire sprinkler systems will also reduce the use of water for firefighting by as much as 50 to 75 percent.

II. Topographical conditions
A. Natural; slopes of 15 percent or greater generally occur throughout the foothills of Orange County. The elevation change cause by the hills creates the geological foundation on which communities with Orange County is built and will continue to build. With much of the populated flatlands already built upon, future growth will occur steeper slopes and greater constraints in terrain.

B. Traffic and circulation congestion is an artificially created, obstructive topographical condition, which is common throughout Orange County.

C. These topographical conditions combine to create a situation, which places fire department response time to fire occurrences at risk and makes it necessary to provide automatic on-site fire-extinguishing systems and other protection measures to protect occupants and property.

III. Geological Conditions
The Orange County region is a densely populated area that has buildings constructed over and near a vast and complex network of faults that are believed to be capable of producing future earthquakes similar or greater in size that the 1994 Northridge and the 1971 Sylmar earthquakes. Earthquake faults run along the northeast and southwest boundaries of Orange County. The Newport-Inglewood Fault, located within Orange County was the source of the destructive 1933 Long Beach earthquake (6.3 magnitude) which took 120 lives and damaged buildings in an area from Laguna Beach to Marina Del Rey to Whittier. In December 1989, another earthquake occurred in the jurisdiction of Irvine at an unknown fault line. Regional planning for reoccurrence of earthquakes is recommended by the state of California, Department of Conservation.

A. Previous earthquakes have been accompanied by disruption of traffic flow and fires. A severe seismic event has the potential to negatively impact any rescue or fire suppression activities because it is likely to create obstacles similar to those indicated under the high wind section above. With the probability of strong aftershocks there exists a need to provide increased protection for anyone on upper floors of buildings. The October 17, 1989, Santa Cruz earthquake resulted in one major fire in the Marina District (San Francisco). When combined with the 34 other fires locally and over 500 responses, the department was taxed to its fullest capabilities. The Marina fire was difficult to contain because mains supplying water to the district burst during the earthquake. This situation creates the need for both additional fire protection and automatic on-site fire protection for building occupants. State Department of Conservation noted in their 1988 report (Planning Scenario on a Major Earthquake on the Newport-Inglewood Fault Zone, page 59), “unfortunately, barely meeting the minimum earthquake standards of building codes places a building on the verge of being legally unsafe.”
B. Road circulation features located throughout the County also make amendments reasonably necessary. Located through the County are major roadways, highways and flood control channels that create barriers and slow response times. Hills, slopes, street, and storm drain design accompanies with occasional heavy rainfall, causes roadway flooding and landslides and at times may make an emergency access route impassable.

There are areas in Orange County that naturally have extended emergency response times that exceed the 5-minute goal.

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

D. Portions of the County contain active or former oil production fields. These areas contain a variety of naturally occurring gasses, liquids and vapors. These compounds present toxicity or flammability hazards to building occupants. Evaluation of these hazards and the risks they pose to development is necessary implement appropriate mitigation.

Due to the topographical conditions of sprawling development separated by waterways and narrow and congested streets and the expected infrastructure damage inherent in seismic zone described above, it is prudent to rely on automatic fire sprinkler systems to mitigate extended fire department response time and keep fires manageable with reduced fire flow (water) requirements for a given structure. Additional fire protection is also justified to match the current resources of firefighting equipment and personnel within the Orange County Fire Authority.

Amendments
Chapter 1
Scope and Administration
Chapter 1 General Requirements. Adopt Chapter 1 in its entirety, with the exception of Section 110, and with the following amendments:

Section 112.4 Violation penalties is hereby revised as follows:
112.4 Violation penalties. Persons who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or shall fail to comply with any issued orders or notices or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the fire code official, or of a permit or certificate used under provisions of this code, shall be subject to penalties assessed as prescribed in the OCFA Prevention Field Services adopted fee schedule. Each day that a violation continues after due notice has been served shall be deemed a separate offense.

Section 112.4.2 Infraction and misdemeanor is hereby added as follows:
112.4.2 Infraction and misdemeanor. Persons operating or maintaining any occupancy, premises or vehicle subject to this code that shall permit any fire or life safety hazard to exist on premises under their control shall be guilty of an infraction.

Persons who fail to take immediate action to abate a fire or life safety hazard when ordered or notified to do so by the chief or a duly authorized representative are guilty of a misdemeanor.

Chapter 2
Definitions
Chapter 2 Definitions is adopted in its entirety with the following amendments:

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

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

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

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

Chapter 3
General Requirements
Chapter 3 General Requirements. Adopt Chapter 3 in its entirety, with the exception of Sections 308.1.4, 311.5 through 311.5.5, 318, and 319, and with the following amendments:

Section 304.1.2 Vegetation is hereby revised as follows:
304.1.2 Vegetation. Weeds, grass, vines or other growth that is capable of being ignited and endangering property, shall be cut down and removed by the owner or occupant of the premises. Vegetation clearance requirement in urban-wildland interface areas shall be in accordance with Chapter 49. Type, amount, arrangement, and maintenance of vegetation in a fuel modification area, interior slope, or similarly hazardous area shall be in accordance with OCFA Guideline C05 “Vegetation Management Guideline—Technical Design for New Construction, Fuel Modification Plans, and Maintenance Program.”
Section 305.6 Hazardous Conditions is hereby added as follows:
305.6 Hazardous conditions. Outdoor fires burning wood or other solid fuel are not allowed when any of the following conditions applies:

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

2. when an official sign was caused to be posted by the fire code official, or a public announcement is made
No outdoor fires using any fuel type are permitted when predicted sustained winds exceed 20 MPH or when such fires present a hazard as determined by the fire code official.

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

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

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

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

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

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

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

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

Exceptions:

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

2. Portable fireplaces, and fire pits/rings equipped with a device to arrest sparks, shall be located at least 15 feet from combustible structures at other R occupancies.

Section 307.6.2.1 Where prohibited is hereby added as follows:
307.6.2.1 Where prohibited. The burning of wood and other solid fuels shall not be conducted within a fuel modification zone, Wildfire Risk Area (WRA), WildlandUrban Interface Area (WUI), or in locations where conditions could cause the spread of fire to the WRA or WUI.

Exceptions:

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

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

Section 324 Fuel Modification Requirements for New Construction is hereby added as follows:
324 Fuel Modification Requirements for New Construction. All new structures and facilities adjoining land containing hazardous combustible vegetation shall be approved and in accordance with the requirements of OCFA Guideline C-05 “Vegetation Management Guideline – Technical Design for New Construction Fuel Modification Plans and Maintenance Program.”
Section 325 Clearance of brush or vegetation growth from roadways is hereby added as follows:
325 Clearance of brush or vegetation growth from roadways. The fire code official is authorized to cause areas within 10 feet (3048 mm) on each side of portions of highways and private streets which are improved, designed or ordinarily used for vehicular traffic, to be cleared of flammable vegetation and other combustible growth. Measurement shall be from the flow-line or the end of the improved edge of the roadway surfaces.

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

Section 326 Unusual Circumstances is hereby added as follows:
326 Unusual circumstances. The fire code official may suspend enforcement of the vegetation management requirements and require reasonable alternative measures designed to advance the purpose of this code if determined that in any specific case that any of the following conditions exist:

1. Difficult terrain.

2. Danger of erosion.

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

4. Stands or groves of trees or heritage trees.

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

Section 327 Use of Equipment is hereby added as follows:
327 Use of equipment. Except as otherwise provided in this section, no person shall use, operate, or cause to be operated in, upon or adjoining any hazardous fire area any internal combustion engine which uses hydrocarbon fuels, unless the engine is equipped with a spark arrester as defined in Section 202 maintained in effective working order, or the engine is constructed, equipped and maintained for the prevention of fire.

Exceptions:

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

2. Turbocharged engines are not subject to this section if all exhausted gases pass through the rotating turbine wheel, there is no exhaust bypass to the atmosphere, and the turbocharger is in good mechanical condition Section 327.1 Use of Equipment and Devices Generating Heat, Sparks or Open Flames is hereby added as follows:
327.1 Equipment and devices generating heat, sparks or open flames. During any time of the year within Wildfire Risk Areas, within or immediately adjacent to any forest- or brush-covered land or non-irrigated grass-covered land, no person shall use or operate any welding equipment, cutting torches, tar pots, grinding devices, or other tools or equipment that may produce a spark, fire, or flame that could result in a wildfire without doing the following:

1. First clearing away all flammable material, including snags, from the area around such operation for a distance of 30 feet or other approved method to reduce fire spread into the wildlands. If 30 foot clearing cannot be achieved, then an alternate method shall be approved by the AHJ prior to work starting.

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

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

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

Section 327.2 Spark Arresters is hereby added as follows:
327.2 Spark arresters. Spark arresters shall comply with Section 202, and when affixed to the exhaust system of engines or vehicles subject to Section 324 shall not be placed or mounted in such a manner as to allow flames or heat from the exhaust system to ignite any flammable material.

Chapter 4
Emergency Planning and Preparedness
Chapter 4: Emergency Planning and Preparedness. Adopt only the sections, subsections adopted by SFM with the following amendment:

Section 407.5 is revised as follows:
407.5 Hazardous Materials Inventory Statement. Where required by the fire code official, each application for a permit shall OCFA’s Chemical Classification Packet in accordance with Section 5001.5.2.

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

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

Exceptions:

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

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

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

Chapter 6
Building Services and Systems
Chapter 6 Building Services and Systems is adopted in its entirety without amendments:

Chapter 7
Fire and Smoke Protection Features
Chapter 7 Fire and Smoke Protection Features is adopted in its entirety as amended by SFM.

Chapter 8
Interior Finish, Decorative Materials and Furnishings
Chapter 8 Interior Finish, Decorative Materials and Furnishings is adopted in its entirety as amended by SFM.

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

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

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

Exception: Subject to approval by the Fire Code Official, open parking garages in accordance with Section 406.5 of the California Building Code that are smaller than the area specified in section 903.2.10 (3) or 903.2.10.1 of the California Fire Code.

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

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

Section 903.2.8 Group R is hereby revised as follows (Subject to possible modification for each city).
903.2.8 Group R. An automatic sprinkler system installed in accordance with Section 903.3 shall be provided throughout all buildings with a Group R fire area as follows:

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

2. Existing R-3 Buildings: An automatic sprinkler system shall be installed throughout when one of the following conditions exists:

1. When the floor area of alterations within any two-year period exceeds 50 percent of gross floor area of the existing structure and the building gross floor area exceeds 5,500 square feet; or:

2. When an existing Group R Occupancy is being substantially renovated, and where the scope of the renovation is such that the Building Code Official determines that the complexity of installing a sprinkler system would be similar as in a new building.

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

Exception: When static pressure exceeds 100 psi, and when required by the fire code official, the fire sprinkler system shall not exceed the water supply capacity specified by Table 903.3.5.3.
90 100 110 120 130 140 150 PSI
85 80
75 Design %
TABLE 903.3.5.3
Hydraulically Calculated Systems
Chapter 10
Means of Egress
Chapter 10 Means of Egress is adopted in its entirety as amended by SFM.

Chapter 11
Construction Requirements for Existing Buildings
Chapter 11 Construction Requirements for Existing Buildings. Adopt only those sections and subsections adopted by SFM:

Chapter 12
Energy Systems
Chapter 12 Energy Systems is adopted in its entirety as amended by SFM:

Chapter 20
Aviation Facilities
Chapter 20 Aviation Facilities is adopted in its entirety.

Chapter 21
Dry Cleaning
Chapter 21 Dry Cleaning is adopted in its entirety as amended by SFM.

Chapter 22
Combustible Dust-Producing Operations
Chapter 22 Combustible Dust-Producing Operations is adopted in its entirety as amended by SFM.

Chapter 23
Motor Fuel-Dispensing Facilities and Repair Garages
Chapter 23 Motor Fuel-Dispensing Facilities and Repair Garages is adopted in its entirety as amended by SFM.

Chapter 24
Flammable Finishes
Chapter 24 Flammable Finishes is adopted in its entirety as amended by SFM.

Chapter 25
Fruit and Crop Ripening
Chapter 25 Fruit and Crop Ripening is not adopted.

Chapter 26
Fumigation and Insecticidal Fogging
Chapter 26 Fumigation and Insecticidal Fogging is not adopted.

Chapter 27
Semiconductor Fabrication Facilities
Chapter 27 Semiconductor Fabrication Facilities is adopted in its entirety.

Chapter 28
Lumber Yards and Agro-Industrial, Solid Biomass and Woodworking Facilities Chapter 28 Lumber Yards and Agro-Industrial, Solid Biomass and Woodworking Facilities is adopted in its entirety with the following amendments:

Section 2801.2 Permit is hereby revised as follows:
2801.2 Permit. Permits shall be required as set forth in Section 105.6 and 105.6.29.

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

Section 2808.3 Size of piles is hereby revised as follows:
2808.3 Size of piles. Piles shall not exceed 15 feet in height, 50 feet in width and 100 feet in length.

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

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

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

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

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

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

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

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

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

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

Section 2808.9 Material-handling equipment is hereby revised as follows:
2808.9 Material-handling equipment. All material-handling equipment operated by an internal combustion engine shall be provided and maintained with an approved spark arrester. Approved material-handling equipment shall be available for moving wood chips, hogged material, wood fines and raw product during fire-fighting operations.

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

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

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

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

Section 2808.13 Tipping area is hereby added as follows:
2808.13 Tipping areas shall comply with the following:

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

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

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

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

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

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

Section 2808.15 Maximum Grid of Piles and Rows is hereby added as follows:
2808.15 Maximum Grid of Piles and Rows, Rows of Piles shall not exceed 500 feet by 500 feet. Grids shall be separated by a minimum 50 foot clear space used for no other purpose.
2808.16 Push-out / Clear area is hereby added as follows:
2808.16 Push-out / Clear area Piles exceeding 20 cubic yards shall be provided with push-out areas. Push-out areas shall be maintained clear at all times to allow for the largest pile to be spread out to a depth of 2 feet in height.

Push-out areas shall be located within 250 feet of all edges of any pile and shall be located a minimum of 20 feet from any building.

Chapter 29
Manufacture of Organic Coatings
Chapter 29 Manufacture of Organic Coatings is adopted in its entirety without amendments.

Chapter 30
Industrial Ovens
Chapter 30 Industrial Ovens is adopted in its entirety.

Chapter 31
Tents, Temporary Special Event Structures and Other Membrane Structures Chapter 31 Temporary Special Event Structures and Other Membrane Structures is adopted in its entirety as amended by SFM.

Chapter 32
High-Piled Combustible Storage
Chapter 32 High-Piled Combustible Storage is adopted in its entirety as amended by SFM.

Chapter 33
Fire Safety During Construction and Demolition
Chapter 33 Fire Safety During Construction and Demolition is adopted in its entirety.

Chapter 34
Tire Rebuilding and Tire Storage
Chapter 34 Tire Rebuilding and Tire Storage is adopted in its entirety as amended by SFM.

Chapter 35
Welding and Other Hot Work
Chapter 35 Welding and Other Hot Work is adopted in its entirety.

Chapter 36
Marinas
Chapter 36 Marinas is adopted in its entirety.

Chapter 37
Combustible Fibers
Chapter 37 Combustible Fibers is adopted in its entirety.

Chapter 39
Processing and Extraction Facilities
Chapter 39 Processing and Extraction Facilities is adopted in its entirety.

Chapter 40
Storage of Distilled Spirits and Wines
Chapter 40 Storage of Distilled Spirits and Wines is adopted in its entirety.

Chapter 48
Motion Picture and Television Production Studio Sound Stages, Approved Production Facilities and Production Locations
Chapter 48 Motion Picture and Television Production Studio Sound Stages, Approved Production Facilities and Production Locations is adopted in its entirety.

Chapter 49
Requirements for Wildland-Urban Interface Fire Areas
Chapter 49 Requirements for Wildland-Urban Interface Fire Areas is adopted in its entirety with the following amendment:

Section 4903.3 Fuel Modification Plans is hereby added as follows:
4903.3 Fuel Modification Plans. Fuel modification plans shall be reviewed and approved by OCFA for all new buildings to be built or installed in a wildfire risk area.

Plans shall meet the criteria set forth in OCFA Guideline C-05 “Vegetation Management Guideline – Technical Design for New Construction Fuel Modification Plans and Maintenance Program
Chapter 50
Hazardous Materials – General Provisions
Chapter 50 Hazardous Materials – General Provisions is adopted in its entirety with the following amendments.

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

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

Chapter 51
Aerosols
Chapter 51 Aerosols is adopted in its entirety.

Chapter 53
Compressed Gases
Chapter 53 Compressed Gases is adopted in its entirety.

Chapter 54
Corrosive Materials
Chapter 54 Corrosive materials is adopted in its entirety as amended by SFM.

Chapter 55
Cryogenic Fluids
Chapter 55 Cryogenic Fluids is adopted in its entirety.

Chapter 56
Explosives and Fireworks
Chapter 56 Explosives and Fireworks is adopted in its entirety with the following amendments:

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

Section 5608.3 Application for Permit is hereby added as follows:

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

Chapter 57
Flammable and Combustible Liquids
Chapter 57 Flammable and Combustible Liquids. Adopt Chapter 57, as adopted and amended by SFM.

Chapter 58
Flammable Gases and Flammable Cryogenic Fluids
Chapter 58 Flammable Gases and Flammable Cryogenic Fluids. Adopt Chapter 58 in its entirety as amended by SFM.

Chapter 59
Flammable Solids
Chapter 59 Flammable Solids is adopted in its entirety.

Chapter 60
Highly Toxic and Toxic Materials
Chapter 60 Highly Toxic and Toxic Materials is adopted in its entirety.

Chapter 61
Liquefied Petroleum Gases
Chapter 61 Liquefied Petroleum Gases is adopted in its entirety.

Chapter 62
Organic Peroxides
Chapter 62 Organic Peroxides is adopted in its entirety.

Chapter 63
Oxidizers, Oxidizing Gases, and Oxidizing Cryogenic Fluids Chapter 63 Oxidizers, Oxidizing Gases, and Oxidizing Cryogenic Fluids is adopted in its entirety.

Chapter 64
Pyrophoric Materials
Chapter 64 Pyrophoric Materials is adopted in its entirety.

Chapter 65
Pyroxylin (Cellulose Nitrate) Plastics
Chapter 65 Pyroxylin (Cellulose Nitrate) Plastics is adopted in its entirety.

Chapter 66
Unstable (Reactive) Materials
Chapter 66 Unstable (Reactive) Materials is adopted in its entirety.

Chapter 67
Water-Reactive Solids and Liquids
Chapter 67 Water-Reactive Solids and Liquids is adopted in its entirety.

Chapter 80
Referenced Standards
Chapter 80 Referenced Standards is adopted in its entirety with the following amendments:

NFPA 13, 2022 Edition, Standard for the Installation of Sprinkler Systems is hereby amended as follows:

Section 16.12.3.3 is hereby revised as follows:

16.12.3.3 Fire department connections (FDC) shall be of an approved type. The location shall be approved and be no more than 150 feet from a public hydrant.

The FDC may be located within 150 feet of a private fire hydrant when approved by the fire code official. The size of piping and the number of 2½” inlets shall be approved by the fire code official. If acceptable to the water authority, it may be installed on the backflow assembly. Fire department inlet connections shall be painted OSHA safety red or as approved. When the fire sprinkler density design requires more than 500 gpm (including inside hose stream demand), or a standpipe system is included, four 2½” inlets shall be provided.

Section 9.4.3.1 is hereby revised as follows:

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

Sprinklers in light hazard occupancies shall be one of the following:
(1) Quick-response type as defined in 3.6.4.8
(2) Residential sprinklers in accordance with the requirements of 8.4.5 (3) Quick response CMSA sprinklers
(4) ESFR sprinklers
(5) Standard-response sprinklers used for modifications or additions to existing light hazard systems equipped with standard-response sprinklers (6) Standard-response sprinklers used where individual standard-response sprinklers are replaced in existing light hazard systems Section 9.2.1.7 is hereby revised as follows:

9.2.1.7 Concealed spaces filled with noncombustible insulation shall not require sprinkler protection when approved by the fire code official.

NFPA 13D 2022 Edition, Standard for the Installation of Sprinkler Systems in One- and Two-Family Dwellings and Manufactured Homes is hereby amended as follows:

Section 7.1.2 is hereby revised as follows:

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

NFPA 14, 2019 Edition, Installation of Standpipe and Hose Systems is hereby amended as follows:

Section 7.3.1.1 is hereby deleted in its entirety.

NFPA 24, 2019 Edition, Standard for the Installation of Private Fire Service Mains and Their Appurtenances is hereby amended as follows:

Section 6.2.8.1 is hereby added as follows:

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

Exceptions:

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

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

Section 6.2.9 is hereby amended as follows:

All connections to private fire service mains for fire protection systems shall be arranged in accordance with one of the following so that they can be isolated:
(1) A post indicator valve installed not less than 40 ft (12 m) from the building (a) For buildings less than 40 ft (12 m) in height, a post indicator valve shall be permitted to be installed closer than 40 ft (12 m) but at least as far from the building as the height of the wall facing the post indicator valve.
(2) A wall post indicator valve
(3) An indicating valve in a pit, installed in accordance with Section 6.4 (4) A backflow preventer with at least one indicating valve not less than 40 ft (12 m) from the building
(a) For buildings less than 40 ft (12 m) in height, a backflow preventer with at least one indicating valve shall be permitted to be installed closer than 40 ft (12 m) but at least as far from the building as the height of the wall facing the backflow preventer.
(5) Control valves installed in a fire-rated room accessible from the exterior (6) Control valves in a fire-rated stair enclosure accessible from the exterior Section 10.1.5 is hereby added as follows:

10.1.5 All ferrous pipe and joints shall be polyethylene encased per AWWA C150, Method A, B, or C. All fittings shall be protected with a loose 8-mil polyethylene tube or sheet. The ends of the tube or sheet shall extend past the joint by a minimum of 12 inches and be sealed with 2-inch-wide tape approved for underground use.

Galvanizing does not meet the requirements of this section.

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

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

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

Section 10.4.1.1.1 is hereby added as follows:

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

Section 10.4.3.2 is hereby deleted.

Appendices
Appendix A is deleted in its entirety without amendments.

Appendix B is adopted in its entirety with amendments outlined in Guideline B-09.

Appendix BB is adopted in its entirety without amendments.

Appendix C is adopted in its entirety without amendments.

Appendix CC is adopted in its entirety without amendments.

Appendix D is deleted in its entirety without amendments.

Appendix E is deleted in its entirety without amendments.

Appendix F is deleted in its entirety without amendments.

Appendix G is deleted in its entirety without amendments.

Appendix H is adopted in its entirety without amendments.

Appendix I is deleted in its entirety without amendments.

Appendix J is deleted in its entirety without amendments.

Appendix K is deleted in its entirety without amendments.

Appendix L is deleted in its entirety without amendments.

Appendix M is deleted in its entirety without amendments.

Appendix N is deleted in its entirety without amendments.

Appendix O is deleted in its entirety without amendments.

SECTION III: This ordinance is exempt from the provisions of the California Environmental Quality Act, (CEQA), 14 California Code of Regulations Section 15061(b((3).

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

MAYOR OF THE CITY OF CYPRESS
ATTEST:

CITY CLERK OF THE CITY OF CYPRESS

STATE OF CALIFORNIA )

COUNTY OF ORANGE ) SS
I, ALISHA FARNELL, City Clerk for the City of Cypress, DO HEREBY CERTIFY that the foregoing Ordinance was duly adopted at a regular meeting of the City Council of the City of Cypress held on the 14
th day of November, 2022, by the following roll call vote:

AYES: COUNCIL MEMBERS
NOES: COUNCIL MEMBERS
ABSENT: COUNCIL MEMBERS
_____________________________________

CITY CLERK OF THE CITY OF CYPRESS

CITY OF CYPRESS
CITY COUNCIL REPORT
City Council Regular 5.

FROM: Matt Burton, Director of Finance and Administrative Services DATE: 10/24/2022
SUBJECT: Adopt a Resolution Approving a One-Time Retention Stimulus Payment to Full-Time Employees in the Cypress Employees' Association, Maintenance Employees' Association and Police Management Association

RECOMMENDATION

DISCUSSION
The Cypress Employees' Association (CEA), Maintenance Employees' Association (MEA) and Police Management Association (PMA) collectively bargain for salary and benefits. The associations entered into multi-year agreements in spring 2021 which include FY 2022-23 cost of living adjustments (COLA) between 2.5 and three percent. At the time the agreements were made, the COLAs were in line with recent and anticipated Consumer Price Index (CPI) increases. The agreements also reflect the ongoing trend of employee groups working with the City during periods of financial uncertainty which have yielded modest compensation increases and positive relationships between the City and the associations.

In recent months, inflation has reached its highest rate in 40 years and CPI is hovering around 7.5%. The City Council discussed the impacts of inflation on the employees represented by the associations and directed a $1,000 one-time retention stimulus payment for each employee to help offset the impacts of inflation, recognize the outstanding work the City's employees do on the community's behalf, and strengthen employer-employee relations.

The retention stimulus will be provided to CEA, MEA and PMA employees hired prior to July 1, 2022, and employed on October 28, 2022. Of the 57 budgeted positions in the associations, 51 positions are filled and eligible for the payment. One permanent part-time employee in CEA will receive a prorated payment. The retention stimulus payments are not pensionable compensation are not provided to the City Manager, department directors, management employees, or employees in the Police Officers' Association who have reached a tentative four-year agreement with the City that will appear on the November 14 City Council agenda.

Association Eligible Members
CEA 35
MEA 12
PMA 4
Total 51
BUDGET IMPACT
The retention stimulus, including payroll taxes, costs approximately $41,700 for the City and $7,900 for the District. Sufficient budget savings from FY 2021-22 are available in the City and District General Funds to pay the retention stimulus to the 51 eligible employees.

LEGAL REVIEW
None required.

APPROVED BY: Peter Grant, City Manager
Attachments
Resolution - One-Time Payment
RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, AND ACTING

AS EX-OFFICIO BOARD OF DIRECTORS OF THE CYPRESS RECREATION AND

PARK DISTRICT, APPROVING A ONE-TIME RETENTION STIMULUS FOR ELIGIBLE EMPLOYEES IN THE CYPRESS EMPLOYEES’ ASSOCIATION, MAINTENANCE EMPLOYEES’ ASSOCIATION, AND POLICE MANAGEMENT ASSOCIATION WHEREAS, the City Council appreciates employees’ continued service to the City and their willingness to partner with the City in periods of financial uncertainty to ensure high quality and high value services continue to be provided to the community; and
WHEREAS, the Cypress Employees’ Association (CEA), Maintenance Employees’ Association (MEA) and Police Management Association (PMA) entered into multi-year agreements in 2021 which included FY 2022-23 cost-of-living adjustments (COLA) between two and one-half percent and three percent which were in line with the recent and anticipated Consumer Price Index (CPI) increases at that time; and WHEREAS, in recent months, the inflation rate is the highest it has been in over four decades with CPI averaging seven and one-half percent; and WHEREAS, the City Council desires a $1,000 one-time retention stimulus payment be made to eligible employees in the CEA, MEA, and PMA to help alleviate the impacts of inflation; and
WHEREAS, the three-quarter (3/4) time employee in the CEA will receive a prorated retention stimulus in the amount of $750; and
WHEREAS, to be eligible for the payment, individuals must have been employed prior to July 1, 2022 and remain employed through October 28, 2022; and WHEREAS, the payment is not performance based and is not considered pensionable compensation; and
WHEREAS, the retention stimulus will be paid with the regular payroll on November 4, 2022.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cypress, and acting as the ex-officio Board of Directors of the Cypress Recreation and Park District, does hereby approve a one-time retention stimulus in the amount of $1,000 for eligible employees in the CEA, MEA, and PMA.

PASSED AND ADOPTED by the City Council of the City of Cypress, and acting as ex-officio Board of Directors of the Cypress Recreation and Park District, at a regular meeting held on the 24th day of October, 2022.

MAYOR OF THE CITY OF CYPRESS
ATTEST:

CITY CLERK OFTHE CITY OF CYPRESS
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
I, ALISHA FARNELL, City Clerk of the City of Cypress, DO HEREBY CERTIFY that the foregoing Resolution was duly adopted at a regular meeting of the said City Council held on the 24th day of October, 2022, by the following roll call vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

CITY CLERK OF THE CITY OF CYPRESS
CITY OF CYPRESS
CITY COUNCIL REPORT
City Council Regular 6.

FROM: Douglas Dancs, Director of Public Works
DATE: 10/24/2022
SUBJECT: Adopt a Resolution Updating the Public Works Contract Award Thresholds

RECOMMENDATION
Adopt a Resolution updating the Public Works contract award thresholds.

DISCUSSION
Municipal Code Section 21A-19 requires public works project approval thresholds be updated annually based on the Los Angeles area Construction Cost Index published by the Engineering News-Record (ENR) by City Council resolution. As a result of slow Index growth and the City's need to reduce staffing costs, the last time the thresholds were updated was 2008.

The Index measures the change in construction and labor costs and is the industry standard for tracking construction costs over time. Construction costs have gone up nationally over 50% since 2008 and inflation and Federal infrastructure spending has increased construction price and bidding volatility. Updating the thresholds improve efficiency and reduces the time and cost to administer the bidding process.

The current ENR Index increases the City Manager's contract award threshold 34.2% from $100,000 to $134,000 for public works projects and from $50,000 to $67,000 for professional services contracts related to public works projects. City Council approval is required above the City Manager's authority. To ensure the Municipal Code requirement that the, "... limits shall be updated annually before July 1 of each year ...," Public Works will incorporate the Index update into the annual Capital Improvement Program development process.

BUDGET IMPACT
None.

LEGAL REVIEW
None required.

APPROVED BY: Peter Grant, City Manager
Attachments
Resolution
ENR Index (October 2008 to 2022)
Muncipal Code 21A-19. Contracts for public works
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,

AND ACTING AS EX-OFFICIO GOVERNING BOARD OF DIRECTORS

OF THE CYPRESS RECREATION AND PARK DISTRICT, TO UPDATE

THE FORMAL BID LIMIT FOR PUBLIC WORKS PROJECTS
WHEREAS, the City updated the contract limits in 2008 to $100,000 for the construction, improvement, repair, or maintenance of public works and $50,000 for professional services contracts related to public works projects; and WHEREAS, these limits shall be updated, based on the cost index for construction costs in Los Angeles area as published by ENGINEERING NEWS-RECORD, New York, New York, by resolution of city council; and
WHEREAS, the index increased by 34.2% from 2008 to 2022.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cypress updates public works contract limits as follows:

1. Contracts for the construction, improvement, repair, or maintenance of public works is $134,000.

2. Professional services contracts related to public works is $67,000.

PASSED AND ADOPTED by the City Council of the City of Cypress, and acting as ex-officio governing Board of Directors of the Cypress Recreation and Park District, at a regular meeting held on the 24th day of October, 2022.

MAYOR OF THE CITY OF CYPRESS
ATTEST:

CITY CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
I, ALISHA FARNELL, City Clerk of the City of Cypress, DO HEREBY CERTIFY that the foregoing Resolution was duly adopted at a regular meeting of the said City Council held on the 24th day of October, 2022, by the following roll call vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

CITY CLERK OF THE CITY OF CYPRESS
Public Works Contract Award Limits
Adjustment Factor = (Current Year Index / Base Year Index) x 100 Adjustment Factor = (13278/ 9895) x 100 = 134.2%
Calendar Year Index Limits
Public Works
Projects
Professional
Services
2008 9895 $100,000 $50,000
2022 13278 $134,000* $67,000*
* Rounded to the nearest thousand
Cypress, California City Code
Chapter 21A PURCHASING SYSTEM
Sec. 21A-19. Contracts for public works.

Every project involving an expenditure of more than one hundred thousand dollars ($100,000.00) for the construction, improvement, repair, or maintenance of public works shall be let in accordance with the procedures set forth in the Charter of the City of Cypress. Such projects involving an expenditure of one hundred thousand dollars ($100,000.00) or less may be affected by the use of city forces or let through informal bid procedures applicable to the purchase of supplies and equipment. For professional services contracts under fifty thousand dollars ($50,000.00) related to public works projects, the city manager is authorized to enter into contract. Contracts in excess of fifty thousand dollars ($50,000.00) shall be approved by city council. These limits shall be updated annually before July 1 of each year, based on the cost index for construction costs in Los Angeles area as published by ENGINEERING NEWS-RECORD, New York, New York, by resolution of city council.
(Ord. No. 877, § 1, 1-27-92; Ord. No. 985, § 1, 1-25-99; Ord. No. 1102, § 1, 10-27-08.) CITY OF CYPRESS
CITY COUNCIL REPORT
City Council Regular 7.

FROM: Douglas Dancs, Director of Public Works
DATE: 10/24/2022
SUBJECT: Approve Plans and Specifications for Senior Center Interior Improvements, Project 290

RECOMMENDATION
Approve Plans and Specifications for Senior Center Interior Improvements, Project 290.

DISCUSSION
The Senior Center was constructed in 1993. It is approximately 15,500 square feet and has gone through several improvements over the years, the latest being the restroom remodel in 2021 and the atrium skylight and roof replacement and heating and air conditioning upgrade in 2019.

In May, City Council awarded a design contract to BOA Architecture to improve the remaining portions of the Senior Center. Public Works worked with Recreation and Community Services to develop the project scope that will address various interior improvements to the most heavily used areas to provide an updated and modern look.

This project will include new paint, flooring, lighting and ceilings, a reconfigured reception desk, refinished wood cabinets and doors, and other miscellaneous improvements to the kitchen, lobby, and multi-purpose room. Due to the volatility in construction costs and contractor availability, the project has additive bid items for the remainder of the facility (see attached layout and cost table). This will allow for improvements such as additional flooring, ceiling, lighting, paint, and cabinetry, depending on the bid amounts received.

Public Works will solicit bids in November and will bring a recommendation for a construction contract to City Council in February. Work is estimated to take eight weeks to complete.

Public Works will coordinate with Recreation and Community Services to minimize the construction impacts.

BUDGET IMPACT
None. The District's General Fund budget includes $500,000 for Senior Center Interior None. The District's General Fund budget includes $500,000 for Senior Center Interior Improvements.

LEGAL REVIEW
None required.

APPROVED BY: Peter Grant, City Manager
Attachments
Layout
Cost Table

Project Estimate (Approved Budget: $500,000)
Staff Time/Labor $ 20,000
Construction - Base Bid Only $ 380,000
Construction Contingency $ 57,000
Inspection $ 38,000
Inspection Contingency $ 5,000
Project Total $ 500,000
Construction Estimate
Base Bid - Kitchen, Lobby, Multi-Purpose Room $ 380,000 Additive 1 - Flooring throughout $ 60,000
Additive 2 - Ceiling and Lighting $ 120,000
Additive 3 - Paint and Cabinetry $ 75,000
Construction Total $ 635,000
Senior Center Interior Improvements - Project 290
CITY OF CYPRESS
CITY COUNCIL REPORT
City Council Regular 8.

FROM: Alicia Velasco, Planning Director
DATE: 10/24/2022
SUBJECT: Approve an Agreement for On-Call Affordable Housing Consulting Services

RECOMMENDATION
Approve an agreement with RSG, Inc. for on-call affordable housing consulting services.

DISCUSSION
Implementation of the 2021-2029 Housing Element and the resulting affordable housing activity require additional resources and expertise. On-call, or as-needed, contracts provide the City with the flexibility to complete specialized tasks and supplement staff resources. The City uses on-call contracts for environmental review, plan check, and engineering among other services.

In July, the Planning department issued a request for proposals (RFP) for on-call affordable housing consulting services. The required services include monitoring of affordable for-sale and rental units consistent with State laws and preparation of Federal and State mandated affordable housing compliance reports. The RFP was published in the Orange County Register, posted on the City's website, and sent to eight qualified firms. The City received one response from RSG, Inc. RSG is highly qualified, with decades of expertise and experience in affordable housing program development, administration, and monitoring, and it has assisted numerous cities including Murrieta, Santa Ana, Westminster, and El Monte.

The contract is for three years with a two-year extension at the City's option. Prior to starting a project, RSG will provide a scope of work, schedule, and cost proposal for review. Projects with a cost of $25,000 or more will be brought to the City Council for consideration.

BUDGET IMPACT
Expenditures for the on-call services will be included the Planning department budget or reimbursed by developer under separate agreements.

LEGAL REVIEW
The City Attorney has approved the agreement as to form.

APPROVED BY: Peter Grant, City Manager
Attachments
Contract Service Agreement
01004.0001/301445.13 9/9/2020

AGREEMENT FOR CONTRACT SERVICES
By and Between

CITY OF CYPRESS
and
RSG, INC.
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AGREEMENT FOR CONTRACT SERVICES

BY AND BETWEEN THE CITY OF CYPRESS AND
RSG, INC.

THIS AGREEMENT FOR CONTRACT SERVICES (herein “Agreement”) is made and entered into this 24th day of October, 2022 by and between the City of Cypress, a California municipal corporation (“City”) and RSG, Inc., a California Corporation (“Contractor”). City and Contractor are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties.”

RECITALS
A. City has sought, by issuance of a Request for Proposals or Invitation for Bids, the performance of the services defined and described particularly in Article 1 of this Agreement.

B. Contractor, following submission of a proposal or bid for the performance of the services defined and described particularly in Article 1 of this Agreement, was selected by the City to perform those services.

C. Pursuant to the City of Cypress’s Charter and Municipal Code, City has authority to enter into and execute this Agreement.

D. The Parties desire to formalize the selection of Contractor for performance of those services defined and described particularly in Article 1 of this Agreement and desire that the terms of that performance be as particularly defined and described herein.

OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the parties agree as follows:

ARTICLE 1. SERVICES OF CONSULTANT

1.1 Scope of Services.

In compliance with all terms and conditions of this Agreement, the Contractor shall provide those services specified in the “Scope of Services” attached hereto as Exhibit “A” and incorporated herein by this reference, which may be referred to herein as the “services” or “work” hereunder.

As a material inducement to the City entering into this Agreement, Contractor represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the services required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the work and services contemplated herein. Contractor shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services described herein. Contractor covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be both of good quality as well as fit for the purpose intended. For purposes of this Agreement, the phrase “highest 01004.0001/301445.13 9/9/2020
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professional standards” shall mean those standards of practice recognized by one or more firstclass firms performing similar work under similar circumstances.

1.2 Contractor’s Proposal.

The Scope of Service shall include the Contractor’s scope of work or bid which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such proposal and this Agreement, the terms of this Agreement shall govern.

1.3 Compliance with Law.

Contractor shall keep itself informed concerning, and shall render all services hereunder in accordance with, all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental entity having jurisdiction in effect at the time service is rendered.

1.4 Licenses, Permits, Fees and Assessments.

Contractor shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Contractor shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Contractor’s performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City hereunder.

1.5 Familiarity with Work.

By executing this Agreement, Contractor warrants that Contractor (i) has thoroughly investigated and considered the scope of services to be performed, (ii) has carefully considered how the services should be performed, and (iii) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Contractor warrants that Contractor has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. Should the Contractor discover any latent or unknown conditions, which will materially affect the performance of the services hereunder, Contractor shall immediately inform the City of such fact and shall not proceed except at Contractor’s risk until written instructions are received from the Contract Officer.

1.6 Care of Work.

The Contractor shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City’s own negligence.
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1.7 Further Responsibilities of Parties.

Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of the other.

1.8 Additional Services.

City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Contract Officer to the Contractor, incorporating therein any adjustment in (i) the Contract Sum for the actual costs of the extra work, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Contractor. Any increase in compensation of up to ten percent (10%) of the Contract Sum or $25,000, whichever is less; or, in the time to perform of up to one hundred eighty (180) days, may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively, must be approved by the City Council. It is expressly understood by Contractor that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services. Contractor hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Contractor anticipates and that Contractor shall not be entitled to additional compensation therefor. City may in its sole and absolute discretion have similar work done by other contractors. No claims for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed.

1.9 Special Requirements.

Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the “Special Requirements” attached hereto as Exhibit “B” and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit “B” and any other provisions of this Agreement, the provisions of Exhibit “B” shall govern.

ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.

2.1 Contract Sum.

Subject to any limitations set forth in this Agreement, City agrees to pay Contractor the amounts specified in the “Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed __________________________________ Dollars ($______) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.8. 01004.0001/301445.13 9/9/2020
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2.2 Method of Compensation.

The method of compensation may include: (i) a lump sum payment upon completion; (ii) payment in accordance with specified tasks or the percentage of completion of the services, less contract retention; (iii) payment for time and materials based upon the Contractor’s rates as specified in the Schedule of Compensation, provided that (a) time estimates are provided for the performance of sub tasks, (b) contract retention is maintained, and (c) the Contract Sum is not exceeded; or (iv) such other methods as may be specified in the Schedule of Compensation.

2.3 Reimbursable Expenses.

Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expenses, and travel expenses approved by the Contract Officer in advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.5, and only if specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Contractor at all project meetings reasonably deemed necessary by the City.

Coordination of the performance of the work with City is a critical component of the services. If Contractor is required to attend additional meetings to facilitate such coordination, Contractorshall not be entitled to any additional compensation for attending said meetings.

2.4 Invoices.

Each month Contractor shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month in a form approved by City’s Director of Finance.

By submitting an invoice for payment under this Agreement, Contractor is certifying compliance with all provisions of the Agreement. The invoice shall detail charges for all necessary and actual expenses by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and sub-contractor contracts. Sub-contractor charges shall also be detailed by such categories. Contractor shall not invoice City for any duplicate services performed by more than one person.

City shall independently review each invoice submitted by the Contractor to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Contractor which are disputed by City, or as provided in Section 7.3, City will use its best efforts to cause Contractor to be paid within forty-five (45) days of receipt of Contractor’s correct and undisputed invoice; however, Contractor acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Contractor for correction and resubmission. Review and payment by City for any invoice provided by the Contractor shall not constitute a waiver of any rights or remedies provided herein or any applicable law.

2.5 Waiver.

Payment to Contractor for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Contractor.
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ARTICLE 3. PERFORMANCE SCHEDULE

3.1 Time of Essence.

Time is of the essence in the performance of this Agreement.

3.2 Schedule of Performance.

Contractor shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the “Schedule of Performance” attached hereto as Exhibit “D” and incorporated herein by this reference. When requested by the Contractor, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer but not exceeding one hundred eighty (180) days cumulatively.

3.3 Force Majeure.

The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Contractorshall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer’s determination shall be final and conclusive upon the parties to this Agreement. In no event shall Contractor be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Contractor’s sole remedy being extension of the Agreement pursuant to this Section.

3.4 Term.

Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding one (1) years from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit “D”).

ARTICLE 4. COORDINATION OF WORK

4.1 Representatives and Personnel of Contractor.

The following principals of Contractor (“Principals”) are hereby designated as being the principals and representatives of Contractor authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith:
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Tara Matthews, Principal
(Name) (Title)
(Name) (Title)
(Name) (Title)
It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement.

Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder. All personnel of Contractor, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the foregoing Principals may not be replaced nor may their responsibilities be substantially reduced by Contractor without the express written approval of City. Additionally, Contractor shall utilize only competent personnel to perform services pursuant to this Agreement. Contractor shall make every reasonable effort to maintain the stability and continuity of Contractor’s staff and subcontractors, if any, assigned to perform the services required under this Agreement. Contractor shall notify City of any changes in Contractor’s staff and subcontractors, if any, assigned to perform the services required under this Agreement, prior to and during any such performance.

4.2 Status of Contractor.

Contractor shall have no authority to bind City in any manner, or to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. Contractor shall not at any time or in any manner represent that Contractor or any of Contractor’s officers, employees, or agents are in any manner officials, officers, employees or agents of City. Neither Contractor, nor any of Contractor’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Contractor expressly waives any claim Contractor may have to any such rights.

4.3 Contract Officer.

The Contract Officer shall be the Planning Director or such person as may be designated by the City Manager. It shall be the Contractor’s responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Contractor shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer.

The Contract Officer shall have authority, if specified in writing by the City Manager, to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.

4.4 Independent Contractor.

Neither the City nor any of its employees shall have any control over the manner, mode or means by which Contractor, its agents or employees, perform the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or 01004.0001/301445.13 9/9/2020
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control of Contractor’s employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Contractor shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Contractor shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Contractor in its business or otherwise or a joint venturer or a member of any joint enterprise with Contractor.

4.5 Prohibition Against Subcontracting or Assignment.

The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Contractor shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Contractor or any surety of Contractor of any liability hereunder without the express consent of City.

ARTICLE 5. INSURANCE AND INDEMNIFICATION

5.1 Insurance Coverages.

The Contractor shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, during the entire term of this Agreement including any extension thereof, the following policies of insurance which shall cover all elected and appointed officers, employees and agents of City:
(a) General Liability Insurance (Occurrence Form CG0001 or equivalent). A policy of comprehensive general liability insurance written on a per occurrence basis for bodily injury, personal injury and property damage. The policy of insurance shall be in an amount not less than $1,000,000.00 per occurrence or if a general aggregate limit is used, then the general aggregate limit shall be twice the occurrence limit.
(b) Worker’s Compensation Insurance. A policy of worker’s compensation insurance in such amount as will fully comply with the laws of the State of California and which shall indemnify, insure and provide legal defense for the Contractor against any loss, claim or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by the Contractor in the course of carrying out the work or services contemplated in this Agreement.
(c) Automotive Insurance (Form CA 0001 (Ed 1/87) including “any auto” and endorsement CA 0025 or equivalent). A policy of comprehensive automobile liability insurance 01004.0001/301445.13 9/9/2020
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written on a per occurrence for bodily injury and property damage in an amount not less than $1,000,000. Said policy shall include coverage for owned, non-owned, leased, hired cars and any automobile.
(d) Professional Liability. Professional liability insurance appropriate to the Contractor’s profession. This coverage may be written on a “claims made” basis, and must include coverage for contractual liability. The professional liability insurance required by this Agreement must be endorsed to be applicable to claims based upon, arising out of or related to services performed under this Agreement. The insurance must be maintained for at least 5 consecutive years following the completion of Contractor’s services or the termination of this Agreement.

During this additional 5-year period, Contractor shall annually and upon request of the City submit written evidence of this continuous coverage.
(e) Subcontractors. Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall include all of the requirements stated herein. (f) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit “B”.

5.2 General Insurance Requirements.

All of the above policies of insurance shall be primary insurance and shall name the City, its elected and appointed officers, employees and agents as additional insureds and any insurance maintained by City or its officers, employees or agents may apply in excess of, and not contribute with Contractor’s insurance. The insurer is deemed hereof to waive all rights of subrogation and contribution it may have against the City, its officers, employees and agents and their respective insurers. Moreover, the insurance policy must specify that where the primary insured does not satisfy the self-insured retention, any additional insured may satisfy the self-insured retention.

All of said policies of insurance shall provide that said insurance may not be amended or cancelled by the insurer or any party hereto without providing thirty (30) days prior written notice by certified mail return receipt requested to the City. In the event any of said policies of insurance are cancelled, the Contractor shall, prior to the cancellation date, submit new evidence of insurance in conformance with Section 5.1 to the Contract Officer.

No work or services under this Agreement shall commence until the Contractor has provided the City with Certificates of Insurance, additional insured endorsement forms or appropriate insurance binders evidencing the above insurance coverages and said Certificates of Insurance or binders are approved by the City. City reserves the right to inspect complete, certified copies of and endorsements to all required insurance policies at any time. Any failure to comply with the reporting or other provisions of the policies including breaches or warranties shall not affect coverage provided to City.

All certificates shall name the City as additional insured (providing the appropriate endorsement) and shall conform to the following “cancellation” notice:

CANCELLATION:
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SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE

CANCELLED BEFORE THE EXPIRATION DATED THEREOF,
THE ISSUING COMPANY SHALL MAIL THIRTY (30)-DAY

ADVANCE WRITTEN NOTICE TO CERTIFICATE HOLDER
NAMED HEREIN.
[to be initialed] ______________
Contractor Initials
City, its respective elected and appointed officers, directors, officials, employees, agents and volunteers are to be covered as additional insureds as respects: liability arising out of activities Contractor performs; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or any automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, and their respective elected and appointed officers, officials, employees or volunteers. Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.

Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City or its respective elected or appointed officers, officials, employees and volunteers or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses and claims. The Contractor agrees that the requirement to provide insurance shall not be construed as limiting in any way the extent to which the Contractor may be held responsible for the payment of damages to any persons or property resulting from the Contractor’s activities or the activities of any person or persons for which the Contractor is otherwise responsible nor shall it limit the Contractor’s indemnification liabilities as provided in Section 5.3.

In the event the Contractorsubcontracts any portion of the work in compliance with Section

4.5 of this Agreement, the contract between the Contractor and such subcontractor shall require the subcontractor to maintain the same policies of insurance that the Contractor is required to maintain pursuant to Section 5.1, and such certificates and endorsements shall be provided to City.

5.3 Indemnification.

To the full extent permitted by law, Contractor agrees to indemnify, defend and hold harmless the City, its officers, employees and agents (“Indemnified Parties”) against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims or liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities provided herein of Contractor, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Contractor is legally liable (“indemnitors”), or arising from Contractor’s or indemnitors’ reckless or willful misconduct, or arising from Contractor’s or indemnitors’ negligent performance 01004.0001/301445.13 9/9/2020
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of or failure to perform any term, provision, covenant or condition of this Agreement, and in connection therewith:
(a) Contractor will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorney’s fees incurred in connection therewith;
(b) Contractor will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Contractor hereunder; and Contractor agrees to save and hold the City, its officers, agents, and employees harmless therefrom;
(c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Contractor hereunder, Contractor agrees to pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorney’s fees.

Contractor shall incorporate similar indemnity agreements with its subcontractors and if it fails to do so Contractor shall be fully responsible to indemnify City hereunder therefore, and failure of City to monitor compliance with these provisions shall not be a waiver hereof. This indemnification includes claims or liabilities arising from any negligent or wrongful act, error or omission, or reckless or willful misconduct of Contractor in the performance of professional services hereunder. The provisions of this Section do not apply to claims or liabilities occurring as a result of City’s sole negligence or willful acts or omissions, but, to the fullest extent permitted by law, shall apply to claims and liabilities resulting in part from City’s negligence, except that design professionals’ indemnity hereunder shall be limited to claims and liabilities arising out of the negligence, recklessness or willful misconduct of the design professional. The indemnity obligation shall be binding on successors and assigns of Contractor and shall survive termination of this Agreement.

5.4 Sufficiency of Insurer.

Insurance required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated “A” or better in the most recent edition of Best Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the Risk Manager of the City (“Risk Manager”) due to unique circumstances. If this Agreement continues for more than 3 years duration, or in the event the risk manager determines that the work or services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Contractor agrees that the minimum limits of the insurance policies may be changed accordingly upon receipt of written notice from the Risk Manager.
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ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION

6.1 Records.

Contractor shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and services performed hereunder (the “books and records”), as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. Any and all such documents shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of three (3) years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required. In the event of dissolution of Contractor’s business, custody of the books and records may be given to City, and access shall be provided by Contractor’s successor in interest. Notwithstanding the above, the Contractor shall fully cooperate with the City in providing access to the books and records if a public records request is made and disclosure is required by law including but not limited to the California Public Records Act.

6.2 Reports.

Contractor shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. Contractor hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Contractor agrees that if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Contractor is providing design services, the cost of the project being designed, Contractor shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Contractor is providing design services, the estimated increased or decreased cost estimate for the project being designed.

6.3 Ownership of Documents.

All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (the “documents and materials”), including any electronic documents and materials, prepared by Contractor, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City in a format of the City’s choice upon request of the Contract Officer or upon the termination of this Agreement, and Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder. Any use, reuse or assignment of such completed documents for other projects and/or use of uncompleted documents without specific written authorization by the Contractor will be at the City’s sole risk and without liability to Contractor, and Contractor’s guarantee and warranties shall not extend to such use, reuse or assignment. Contractor may retain copies of such documents for its own use. Contractor 01004.0001/301445.13 9/9/2020
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shall have the right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages resulting therefrom. Moreover, Contractor with respect to any documents and materials that may qualify as “works made for hire” as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed “works made for hire” for the City.

6.4 Confidentiality and Release of Information.
(a) All information gained or work product produced by Contractor in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Contractor. Contractor shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the Contract Officer.
(b) Contractor, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Contract Officer or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided Contractor gives City notice of such court order or subpoena. (c) If Contractor, or any officer, employee, agent or subcontractor of Contractor, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Contractor for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Contractor’s conduct. (d) Contractor shall promptly notify City should Contractor, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under. City retains the right, but has no obligation, to represent Contractor or be present at any deposition, hearing or similar proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Contractor. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION

7.1 California Law.

This Agreement shall be interpreted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Orange, State of California, or any other appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District 01004.0001/301445.13 9/9/2020
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Court, venue shall lie exclusively in the Central District of California, in the County of Orange, State of California.

7.2 Disputes; Default.

In the event that Contractor is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Contractor for any work performed after the date of default. Instead, the City may give notice to Contractor of the default and the reasons for the default. The notice shall include the timeframe in which Contractor may cure the default.

This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Contractor is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Contractor does not cure the default, the City may take necessary steps to terminate this Agreement under this Article. Any failure on the part of the City to give notice of the Contractor’s default shall not be deemed to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement.

7.3 Retention of Funds.

Contractor hereby authorizes City to deduct from any amount payable to Contractor (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of Contractor’s acts or omissions in performing or failing to perform Contractor’s obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Contractor, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Contractor to insure, indemnify, and protect City as elsewhere provided herein.

7.4 Waiver.

Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement.

Acceptance by City of any work or services by Contractor shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver.

Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.

7.5 Rights and Remedies are Cumulative.

Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party 01004.0001/301445.13 9/9/2020
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of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.

7.6 Legal Action.

In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary provision herein, Contractor shall file a statutory claim pursuant to Government Code Sections 905 et. seq. and 910 et. seq., in order to pursue a legal action under this Agreement.

7.7 Termination Prior to Expiration of Term.

This Section shall govern any termination of this Contract except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this Contract at any time, with or without cause, upon written notice to Contractor. In addition, the Contractor may terminate this Contract for cause, upon sixty (60) days’ advance written notice to City. Upon receipt of any notice of termination, Contractor shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Except where the Contractor has initiated termination, the Contractor shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. In the event the Contractor has initiated termination, the Contractor shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder. In the event of termination without cause pursuant to this Section, the terminating party need not provide the non-terminating party with the opportunity to cure pursuant to Section 7.2.

7.8 Termination for Default of Contractor.

If termination is due to the failure of the Contractor to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Contractor shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Contractor for the purpose of set-off or partial payment of the amounts owed the City as previously stated.

7.9 Attorney’s Fees.

If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney’s fees. Attorney’s fees shall include attorney’s fees on any appeal, and in addition a party entitled to attorney’s fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs 01004.0001/301445.13 9/9/2020
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the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment.

ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

8.1 Non-liability of City Officers and Employees.

No officer or employee of the City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement.

8.2 Conflict of Interest.

Contractor covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Contractor’s performance of services under this Agreement. Contractor further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the Contract Officer. Contractor agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.

8.3 Covenant Against Discrimination.

Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class in the performance of this Agreement. Contractor shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class.

8.4 Unauthorized Aliens.

Contractor hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. §§ 1101, et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Contractor so employ such unauthorized aliens for the performance of work and/or services covered by this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Contractor hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorney’s fees, incurred by City. 01004.0001/301445.13 9/9/2020
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ARTICLE 9. MISCELLANEOUS PROVISIONS

9.1 Notices.

Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager and to the attention of the Contract Officer (with her/his name and City title), City of Cypress, 5275 Orange Avenue, Cypress, California 90630 and in the case of the Contractor, to the person(s) at the address designated on the execution page of this Agreement. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section.

9.2 Interpretation.

The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.

9.3 Counterparts.

This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument.

9.4 Integration; Amendment.

This Agreement including the attachments hereto is the entire, complete and exclusive expression of the understanding of the parties. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Contractor and by the City Council. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void.

9.5 Severability.

In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. 01004.0001/301445.13 9/9/2020
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9.6 Warranty & Representation of Non-Collusion.

No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect his/her financial interest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of “financial interest” shall be consistent with State law and shall not include interests found to be “remote” or “noninterests” pursuant to Government Code Sections 1091 or 1091.5.

Nor shall any such officer or employee participate in any decision relating to the Agreement which affects her/his financial interest or the financial interest of any corporation, partnership or association in which (s)he is, directly or indirectly, interested, in violation of any State statute or regulation, including but not limited to the Political Reform Act (Government Code Sections 81000, et seq.)
Contractor warrants and represents that it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded any agreement. Contractor further warrants and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third party including, but not limited to, any City official, officer, or employee, as a result of consequence of obtaining or being awarded any agreement. Contractor is aware of and understands that any such act(s), omission(s) or other conduct resulting in such payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect.

Contractor’s Authorized Initials _______

9.7 Corporate Authority.

The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties. [SIGNATURES ON FOLLOWING PAGE]
01004.0001/301445.13 9/9/2020 19
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written.

CITY:

City of Cypress, a municipal corporation
______________________________________
Paulo Morales, Mayor
ATTEST:
_______________________________
Alisha Farnell, City Clerk
APPROVED AS TO FORM:

ALESHIRE & WYNDER, LLP
___________________________________
Fred Galante, City Attorney
CONSULTANT:
__RSG, Inc._________________________
By:
___________________________________
Name: Tara Matthews
Title: Principal and Vice President
By:
___________________________________
Name: Jim Simon
Title: President and Secretary
Address: _17872 Gillette Ave.,____________
_Suite 350_____________________
_Irvine, CA 92614______________
Two corporate officer signatures required when Contractor is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONSULTANT’S SIGNATURES

SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS

MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT’S BUSINESS ENTITY. 01004.0001/301445.13 9/9/2020

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA

COUNTY OF ORANGE
On __________, 2020 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(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 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature: _____________________________________

OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form.

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

INDIVIDUAL

CORPORATE OFFICER
_______________________________

TITLE(S)

PARTNER(S) LIMITED

GENERAL

ATTORNEY-IN-FACT

TRUSTEE(S)

GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________

TITLE OR TYPE OF DOCUMENT
___________________________________

NUMBER OF PAGES
___________________________________

DATE OF DOCUMENT
___________________________________

SIGNER(S) OTHER THAN NAMED ABOVE
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. 01004.0001/301445.13 9/9/2020

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature: _____________________________________

OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

INDIVIDUAL

CORPORATE OFFICER
_______________________________

TITLE(S)

PARTNER(S) LIMITED

GENERAL

ATTORNEY-IN-FACT

TRUSTEE(S)

TITLE OR TYPE OF DOCUMENT
___________________________________

NUMBER OF PAGES
___________________________________

DATE OF DOCUMENT
___________________________________

SCOPE OF SERVICES
Task 1. Affordable Housing Program Development and Monitoring Create program policies, guidelines, and procedures for the development and ongoing monitoring of for-sale and rental affordable units consistent with State laws, including but not limited to Density Bonus, and Surplus Lands Act. Tasks may include:
• Create systems for ongoing administration and monitoring of regulatory agreements. • Create flowcharts and protocols for the monitoring of title transfers, loan payoff/subordination, default remedies, and other processes associated with ownership and rental programs. • Create program agreement templates that align with industry best practices. • Create a database of housing loans in order to monitor loan agreement, insurance, and residency requirements.
• Provide Community Development Block Grant Program Administration Support. Conduct income verifications, inspections, audits, close-outs, performance reports, and other record keeping tasks as necessary. Provide technical guidance on eligible and ineligible CDBG activities, including eligible project costs, eligible administrative and planning costs, and other program criteria.
• Assist the City with administration and monitoring of regulatory agreements, eligibility requirements and other programs.
• General Technical Assistance. As needed, provide staff with support, guidance, and resources for housing related questions or issues.
• Provide training to City staff to implement program guidelines and meet best practices.

Task 2. As-Needed Affordable Housing, Economic Development, and SB 341 Compliance Assistance
• Preparation and/or review of Affordable Housing Compliance Reports. • Review affordable housing agreements to analyze conditions, terms, covenants, and affordable housing restrictions.
• Provide affordable housing project tenant and/or homebuyer qualification and eligibility. • Assistance and guidance on Federal requirements such as: affirmative marketing; environmental review; displacement; relocation; acquisition; disclosure requirements; debarred, suspended or ineligible contractors; and drug-free work place. • Site Assembly Coordination. Assist with the review of development proposals, title reports, and any other documents associated with disposition of real estate property. • Evaluation of Affordable Housing Projects. Provide technical assistance and feasibility analysis in evaluating affordable housing projects.
• Provide project-specific advice and analysis for real estate assembly and development projects. • Prepare fiscal impact analyses.
• Prepare and recommend fee waiver options for affordable housing developments. • Prepare inclusionary housing and motel conversion feasibility studies and reports. 01004.0001/301445.13 9/9/2020 A-2
• Identify, and assist in the application of, potential economic development and housing funding opportunities.
• Provide advice, negotiation assistance and analysis for proposed affordable housing developments.
• Prepare audits of SB 341 reports, affordable housing projects, and affordable housing agreements including residual receipts and loan documents. • General Technical Assistance. As needed, provide staff with support, guidance, reports, educational materials, and resources for housing and economic development related questions or issues.
01004.0001/301445.13 9/9/2020 B-1
EXHIBIT “B”

SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
I. DELETE subsection 2.1 and REPLACE with the following:

2.1 Contract Sum.

For on-call services rendered pursuant to this Agreement, the Consultant shall be compensated in accordance with the “Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference.

II. DELETE subsection 3-4 and REPLACE with the following:

3.4 Term & Extended Term.

Unless earlier terminated in accordance with Section 7.7 or 7.8 of this Agreement, this Agreement shall continue in full force and effect until completion of such services as may be requested by City from time-to-time, but not exceeding three (3) calendar years from the date hereof, except as otherwise provided in the Schedule of Performance. The City shall have the right but not the obligation, in its sole and unfettered discretion, to extend the initial term of this Agreement a maximum of one (1) extended term of two (2) years. In order to do so, City shall, not later than ninety (90) calendar days prior to the expiration of the initial term, give Consultant written notice, in the form and manner allowed by this Agreement, of its intention to extend the initial term of this Agreement for one (1) extended term of two (2) additional calendar years, which extension shall be according to the terms and conditions of this Agreement, unless the same is modified by the parties hereto in writing signed by the party to be charged. 01004.0001/301445.13 9/9/2020 C-1
EXHIBIT “C”

SCHEDULE OF COMPENSATION
RSG proposes the below rate schedule for these services.

Hourly Billing Rates
Principal / Director $ 275
Senior Associate $ 200
Associate $ 185
Senior Analyst $ 150
Analyst $ 135
Research Assistant $ 125
Technician $ 80
Clerical $ 60
Reimbursable Expenses Cost plus 10%
RSG does not charge clients for travel or mileage (except direct costs related to field work/surveys), parking, standard telephone/fax expenses, general postage or incidental copies.

However, we do charge for messenger services, overnight shipping/express mail costs, and teleconferencing services. We also charge for copies of reports, documents, notices, and support material in excess of five (5) copies. These costs are charged back at the actual expense plus a 10% surcharge.

RSG issues monthly invoices payable upon receipt, unless otherwise agreed upon in advance.

Invoices identify tasks completed to date, hours expended and the hourly rate. 01004.0001/301445.13 9/9/2020 D-1
EXHIBIT “D”

SCHEDULE OF PERFORMANCE
D-1 Hourly rates set forth in Exhibit “C”, may be modified upon approval of the Contract Officer and Director of Finance, on an annual basis.

D-2 Specific work shall be implemented by means of Task Orders, issued in writing by the Contract Officer to the Consultant, including, but not limited to, a Not-to-Exceed fee for services rendered for each Task Order.

D-3 The Consultant shall provide a detailed schedule, in a format approved by the Contract Officer, for each Task Order. No work shall be authorized unless the Contract Officer has first approved the schedule.

CITY OF CYPRESS
CITY COUNCIL REPORT
City Council Regular 9.

FROM: Douglas Dancs, Director of Public Works
DATE: 10/24/2022
SUBJECT: Approve the Revised Award of Purchase for One Replacement Police Vehicle

RECOMMENDATION

2. Authorize an appropriation increase in the amount of $11,421.

DISCUSSION
In May, City Council approved the replacement purchase of a Police Interceptor SUV involved in a traffic collision. The $61,060 purchase was from Wondries Fleet Group via the National Auto Fleet Group through the Sourcewell cooperative purchasing program. Municipal Code Section 21A-10(e) allows the use of cooperative purchasing programs as a more efficient and cost-effective method of procurement by receiving volume type pricing. Such cooperative agreements provide the same terms and prices offered to other government agencies through a competitive bid process.

The vehicle order was placed in May, however, National Auto Fleet Group recently notified Public Works that Ford canceled the order and is canceling all remaining 2022 orders (see attachment). The price for a 2023 Police Interceptor SUV increased by $11,421 and all necessary upfitting costs remain the same. Since the City had an order placed, Ford will expedite the order, and delivery is expected in early 2023.

BUDGET IMPACT
The revised total cost to purchase and fully upfit the replacement vehicle is $73,747, which is $11,421 more than the amount previously by the City Council. The additional $11,421 is available in the City's Capital Replacement Fund.

LEGAL REVIEW
None required.

APPROVED BY: Peter Grant, City Manager
Attachments
Agenda Report - May 23, 2022
Ford Letter
Updated Vehicle Cost Estimate with Original Upfit Bids
Cost Summary

CITY OF CYPRESS

CITY COUNCIL REPORT
City Council Regular Item # 12.

FROM: Douglas Dancs, Director of Public Works
DATE: 05/23/2022
SUBJECT: Approve the Purchase of One Replacement Police Vehicle

RECOMMENDATION

1. Authorize the purchase of one replacement police vehicle, including most upfitting, for $61,060 from Wondries Fleet Group via National Auto Fleet Group through the Sourcewell cooperative purchasing program; and

2. Authorize an appropriation increase of $62,326 in the City's Capital Replacement Fund to purchase and fully upfit the replacement police vehicle; and

3. Authorize a transfer of $51,160 from the General Liability Fund to the City's Capital Replacement Fund for available insurance proceeds received.

DISCUSSION
In May 2021, a Police Interceptor SUV was involved in a traffic collision and after several months was considered a total loss by the City’s insurance provider and $51,160 was received as reimbursement for the loss.

Public Works will purchase a replacement vehicle from Wondries Fleet Group via the National Auto Fleet Group through the Sourcewell cooperative purchasing program. Municipal Code Section 21A10(e) allows the use of cooperative purchasing programs as a more efficient and cost-effective method of procurement by receiving volume type pricing. Such cooperative agreements provide the same terms and prices offered to other government agencies through a competitive bid process.

The purchase price and all necessary upfitting for one vehicle is $62,326. None of the specialized equipment on the totaled vehicle was salvageable and cannot be used on the replacement vehicle. While most of the necessary upfitting costs will be incorporated into the purchase from Wondries, the vehicle will require some additional aftermarket installation of specialized equipment. The vehicle should arrive within 160 days of initiating the purchase.

BUDGET IMPACT
The total cost to purchase and upfit the replacement vehicle is $62,326. The City received insurance proceeds of $51,160 and the remaining $11,166 is available in the City's Capital Replacement Fund.

LEGAL REVIEW
None required.

APPROVED BY: Peter Grant, City Manager
Attachments
Vehicle Cost Estimate With Upfit Bids
Cost Summary
Nathan Oscarson 16800 Executive Plaza Dr
Commercial and Government Sales Dearborn, MI 48126
Dear Valued Government Partner:

First, I’d like to thank you for your continued support over the years as we have worked together to provide for the vehicle needs of our communities. We have always tried to place our government partners first in all our decision making.

As you know, this past year has presented an extremely challenging environment for the global automotive industry due to the continuing global microchip shortage, major disruptions in the supply chain due to the war in Eastern Europe and other factors and the lingering impact of Covid.

This unprecedented combination of events has contributed to logistical challenges and unpredictable manufacturing plant downtime. Given the high order submissions and unforeseen plant downtime, we will not be able to build all the unscheduled 2022 MY vehicles currently in the Government order bank. We will be prioritizing all 2022 MY vehicles that have been Purchase Order verified and re-submitted as a 2023 MY. Please work with your dealership contact to verify which orders will need to be carried over from one year to the next.

Compounding matters, we are experiencing record inflation, greater than at any time in the last forty years. Inflation, as well as significant impacts on raw material costs are affecting new vehicle pricing. Given these circumstances, we will not guarantee price protection on unscheduled 2022 MY orders that are re-entered into the 2023 MY order bank. We appreciate your understanding as we work through these challenging times, and you can be assured that we are closely monitoring such global events and will communicate any implications beyond the 2023 MY at the appropriate time.

Please contact your dealership representative for complete details. Thank you again for your loyalty and support of the Ford brand.

Sincerely,
Nathan Oscarson
National Government Sales Manager

Cost Breakdown Summary
2022 Vehicle Replacement Cost
Vehicle $42,440
Upfit $19,886
Total $62,326
2023 Vehicle Replacement Cost
Vehicle $53,861
Upfit $19,886
Total $73,747
Difference $11,421
CITY OF CYPRESS
CITY COUNCIL REPORT
City Council Regular 10.

FROM: Matt Burton, Director of Finance and Administrative Services DATE: 10/24/2022
SUBJECT: Approve an Update to the Fiscal Strategies

RECOMMENDATION
Approve an update to the Fiscal Strategies to establish annual discretionary payments to CalPERS using a portion of available year-end operating surpluses.

DISCUSSION
In 2018, the City Council approved strategies for ensuring the City's short-term and long-term fiscal health in reaction to projected budget deficits. The strategies evolve over time to guide recommended responses to financial uncertainty and are monitored throughout the year, reviewed annually by the City Council as part of the budget process, and updated as necessary.

The strategies inform development of the Budget and Capital Improvement Program and provide policies and practices which guide the City's response to financial uncertainty. The strategies are:

1. The Budget will be balanced and focus on long-term sustainability

2. Reserves and fund balances will be maintained prudently

3. Available resources and the Strategic Plan will determine service levels

4. Continue to invest in the maintenance of facilities and infrastructure

5. Financial decisions will be transparent to the public The strategies are comprised of policies (formal actions taken by the City Council) and practices (actions City management and City Council undertake to promote and protect financial resiliency). The strategies are intended to:

Ensure Cypress remains financially resilient and provides necessary services to the community
Allow time to affect change and adapt to financial challenges Enhance transparency and encourage community involvement Create methods to analyze the costs and benefits of services over the long-term Help the City Council, City management, the community, and employee associations balance competing demands for scarce resources
The strategies do not provide specific solutions to the financial challenges; rather they represent an approach to navigating important and difficult decisions necessary to maintain the City's sound fiscal health.

Pension Liability Mitigation
Anticipating financial uncertainties from rising inflation and recession worries, the FY 2022-23 Budget Message discussed the need to review options to enhance and expand the City's CalPERS pension liability mitigation strategies. As a first step, the City Council's Strategic Plan includes an objective to update the Fiscal Strategies to establish annual discretionary payments (ADP) to CalPERS using a portion of available year-end operating surpluses.

The most recent CalPERS actuarial valuation sets the City's unfunded pension liability at $32.7 million. Due to investment declines since the date of the last actuarial valuation (June 30, 2021), the unfunded pension liability is expected to increase in the coming year(s).

Over the last several years, the City Council has repeatedly examined the potential for pension liabilities to strain City resources, and has implemented several pension mitigation efforts:

A pension trust was established in 2018; trust assets exceed $20 million and effectively reduce the unfunded pension liability reported at June 30, 2022 to about $13 million Employee groups agreed to make larger contributions toward the costs of their pensions The City prepays its annual CalPERS payment, earning a discount Recommended Update to Fiscal Strategies
An ADP is an optional payment to CalPERS that increases the City's pension assets and decreases the City's net unfunded pension liability. An ADP is in addition to the City's required annual payment to CalPERS against its unfunded liability. In FY 2022-23, the unfunded liability payment to CalPERS is $4.4 million. The unfunded liability payment is recalculated as part of the actuarial valuation and changes from year to year based on many factors, including incorporating investment returns for the past year.

In many ways, an ADP is similar to an additional mortgage payment, where, over the long-term, additional payments reduce the loan principal and the mortgage is paid-off earlier, saving interest costs. In the City's case, each ADP will lower future annual minimum unfunded liability payments. It is important to note that, unlike funds invested in the City's pension trust, an ADP is permanently invested with CalPERS and subject to the same risk as CalPERS's overall portfolio. There is also no method to accurately predict the exact impact of an ADP on future year's unfunded liability payments.

Annual discretionary payments would be made using a portion of available year-end General Fund surpluses, which are currently dedicated to future facility and infrastructure improvements and invested in the pension trust. Approving the ADP strategy would create a third investment option for available surplus amounts. The year-end surplus is determined at the conclusion of the annual audit (typically in December), and recommendations for investing the surplus are considered by the City Council as part of the Mid-Year Budget Report in February. Any transfers to the Infrastructure Fund, investments in the pension trust or ADP to CalPERS require City Council approval.

BUDGET IMPACT
None.

LEGAL REVIEW
Not applicable.

APPROVED BY: Peter Grant, City Manager
Attachments
Fiscal Strategies - Revised October 2022
Fiscal Strategies - Revised October 2022 (Redline Version)

BUDGET OVERVIEW

FISCAL STRATEGIES OVERVIEW
Purpose of Fiscal Strategies
Primary among the responsibilities the City of Cypress has to its citizens is the care of public funds and wise management of its assets while providing for the adequate funding of the services desired by the public and the maintenance of public facilities. Financial management strategies, designed to ensure the fiscal stability of the City, have been implemented to provide guidance for the development and administration of the annual operating and capital budgets.

Fiscal Strategies

1. The Budget will be balanced and focus on long-term sustainability

2. Reserves and fund balances will be maintained prudently

3. Available resources and the Strategic Plan will determine service levels

4. Continue to invest in the maintenance of facilities and infrastructure

5. Financial decisions will be transparent to the public These strategies are a foundation for protecting and assessing Cypress’ financial wellbeing. They do not provide specific solutions to arising financial challenges; rather they represent an approach to navigating important and difficult decisions necessary to address Cypress’ changing cost structure and ever more scarce resources.

The strategies are comprised of policies (formal actions previously taken by the City Council) and practices (actions management and City Council undertake to promote and protect financial resiliency).

Strategy Objectives
➢ Ensure Cypress provides necessary services to the community and remains financially resilient
➢ Allow time to affect change and adapt to financial challenges ➢ Enhance transparency and encourage community involvement ➢ Create methods to analyze the costs and benefits of services over the long-term ➢ Help the City Council, City Management, the community, and employee associations balance competing demands for scarce resources Reflecting the city’s limited ability to control revenues, the objectives focus on service levels, efficiencies, expenditures control, and performance measure-based evaluation of programs and services.

BUDGET OVERVIEW

FISCAL STRATEGIES

1. The Budget will be balanced and focus on long-term sustainability Policies

1.1. The Budget presented to City Council will be balanced (current year revenues fund current year operating expenses)
Practices

1.2. Reserves (excluding amounts accumulated for capital projects or capital outlay) will only be used to address extraordinary, short-term circumstances

1.3. The Budget will include a Five-Year Financial Projection

1.4. Ongoing operations will be funded with ongoing revenues

1.5. Expenditure growth will be limited to essential/necessary increases

1.6. Fees will be evaluated annually to identify the full cost of providing services

1.7. Sales tax revenue budgeted to support City operations will be estimated using a baseline calculation to manage risk and volatility. The baseline calculation will incorporate a four-year average1 of sales tax revenues and be reviewed (and adjusted if necessary) annually. Revenues above the baseline will be available for one-time expenditures. When sales tax revenues are projected to decrease, the baseline calculation approach may be supplanted with a more conservative projection methodology.

1.8. New programs/services must be revenue neutral, resulting in no impact to fund balance in the General Fund

1.9. Performance measures will be presented in the Budget and used to evaluate the effectiveness of programs and services

1.10. “Mini-financial statements” will identify the net costs of revenue generating programs and services

1.11. Pension trust investments will be reviewed annually to determine if adjustments to the investments or deposits/ withdrawals are warranted 1 The four-year average includes projections for Proposed Budget (i.e. FY 2022-23); estimates from the current fiscal year Amended Budget (i.e. FY 2021-22), and the actual revenue in the two prior fiscal years (i.e. FY 2020-21 and FY 2019-20).

BUDGET OVERVIEW

FISCAL STRATEGIES

2. Reserves and fund balances will be maintained prudently Policies

2.1. The City will maintain the following contingency reserves:
• Reserve for Economic Uncertainty. Equal to 25% of General Fund expenditures, the reserve stabilizes City services should General Fund revenues decrease by greater than 10% or estimated General Fund expenditures increase by more than 10% and when the City Council determines the City’s ability to provide basic service to the community is threatened
• Reserve for Emergency/Disaster Recovery. Equal to 30% of General Fund expenditures, the reserve pays for capital needs in response to an emergency or natural disaster and provides resources to begin recovery prior to FEMA assistance or insurance proceeds become available

2.2. The City will maintain fully funded replacement accounts for capital including:
equipment, vehicles, and technology

2.3. The City will maintain fully funded internal service funds for: workers’ compensation and general liability insurance; employee benefits; and central services (the ongoing maintenance of equipment, vehicles and facilities and print shop and information technology operations)

2.4. The City will conform to the Governmental Accounting Standards Board Fund Balance Policy Statement 54 which defines fund balance categories and creates the authority necessary to establish them
Practices

2.5. Maintain a $2.5 million Stabilization Reserve designed to provide a period of adjustment should a major tax generating business relocate or cease operations or at the City Council’s discretion in response to other economic shocks

2.6. Maintain a $2.0 million Budget Stabilization Reserve which can be used in the short-term to assist with budget shortfalls due to forecasted financial challenges

2.7. Fiscal year end General Fund savings or unappropriated revenues will be:

1. Used to replenish any reserves used to fund operations during the fiscal year

2. Transferred to internal service funds to address unfunded liabilities, including pension and retiree health liabilities. Such transferred amounts will be invested in a manner consistent with offsetting or reducing these liabilities and may include pension trust investment and additional discretionary payments to CalPERS.

3. Transferred for future facility and infrastructure projects

BUDGET OVERVIEW

FISCAL STRATEGIES

2.8. The General Fund will maintain an unassigned fund balance sufficient to account for unforeseen revenue shortfalls or unanticipated expenditures that may arise during the fiscal year

2.9. The City will identify its long-term liabilities and obligations and develop policies to address them including a mitigation plan for unfunded pension liabilities.

Such pension mitigation matters include a commitment to annually contribute funding for investment in the City’s pension trust and additional discretionary payments to CalPERS over and above the minimum required actuarial funding levels established by CalPERS.

3. Available resources and the Strategic Plan will determine service levels Policies

3.1. The City Council will conduct Strategic Plan workshops at least twice a year

3.2. Programs, services, and staffing will be evaluated annually as part of the Budget process

3.3. Employee compensation will be competitive and sufficient to attract, motivate and retain high-quality employees committed to Cypress’ success Practices

3.4. The Budget will recommend programs, services and staffing using the following criteria:
• Is it necessary for public health or safety?
• Is it mandated by the State or Federal government?
• Does it accomplish a Strategic Plan goal or objective? • Does it result in operating savings (or additional costs) in the future? • Is significant outside/restricted funding available?
• Does it promote economic development?

3.5. Employees and employee associations are important partners and the City will engage them in the Budget process

3.6. The city will complete development of, and annually update, a Succession Plan

3.7. All staffing vacancies will be evaluated through the Succession Plan prior to a decision to fill the position

BUDGET OVERVIEW

FISCAL STRATEGIES

4. Continue to invest in the maintenance of facilities and infrastructure Policies

4.1. Accumulated facility and infrastructure funding will be allocated through the Seven-Year Capital Improvement Program (CIP)

4.2. The General Fund will make minimum annual contributions of $1.8 million for Capital Improvements. Included in the $1.8 million will be contributions for facility and infrastructure improvements as follows:

Storm drain improvements and operations $500,000
Facility improvements $250,000
Additionally, $1,050,000 will be transferred from the General Fund for either current year or future expenditures depending on availability of restricted revenues for transportation purposes and the ability to meet associated Maintenance of Effort (MOE) requirements.

Practices

4.3. Facilities and infrastructure will be maintained to extend their useful life

4.4. The infrastructure reserve will maintain a balance sufficient to construct at least 115% of the projects included in the Seven-Year CIP funded by the General Fund

4.5. When practical, capital projects should be financed on a pay-as-you-go basis without issuing debt

4.6. Capital projects will prioritize the use of restricted funds (those other than the General Fund) and seek outside funding

4.7. The CIP will be guided by existing infrastructure system master plans

4.8. Options for ongoing revenue sources to support Recreation and Park District facilities and infrastructure improvements will be identified

4.9. Long-term facility and infrastructure needs beyond the Seven-Year CIP will be identified

BUDGET OVERVIEW

FISCAL STRATEGIES

5. Financial decisions will be transparent to the public Policies

5.1. The Budget, CIP, audit/Comprehensive Annual Financial Report, and financial policies will be considered by the City Council annually and available on the City’s website
Practices

5.2. The City Council will review the City’s finances at its regular meetings:

January Fiscal year end, audit, and Comprehensive Annual Financial Report presentation
February Mid-year Budget review
February/March Reserves update and pension trust review May/June Budget presentation and adoption

5.3. Financial information will be easily accessible on the City’s website

5.4. Employee compensation information will be available on the City’s website

5.5. The City Council will receive monthly financial reports

5.6. The City Council will receive and file investment reports and warrants, transfers, and wires reports at its regular meetings

BUDGET OVERVIEW

Fiscal Strategies

1. The Budget will be balanced and focus on long-term sustainability

2. Reserves and fund balances will be maintained prudently

3. Available resources and the Strategic Plan will determine service levels

4. Continue to invest in the maintenance of facilities and infrastructure

Strategy Objectives
 Ensure Cypress provides necessary services to the community and remains financially resilient
 Allow time to affect change and adapt to financial challenges  Enhance transparency and encourage community involvement  Create methods to analyze the costs and benefits of services over the long-term  Help the City Council, City Management, the community, and employee associations balance competing demands for scarce resources Reflecting the city’s limited ability to control revenues, the objectives focus on service levels, efficiencies, expenditures control, and performance measure-based evaluation of programs and services.