Irwindale City Council
July 26, 2023

Background and Analysis:

Currently, the City has a total of 43 signalized intersections (including two flashing beacons and 17 signalized intersections shared with other agencies). These traffic signals and flashing beacons must be maintained in a safe and efficient manner to support regional traffic flow and safety.

There are two categories of signal maintenance activity: (1) routine preventive maintenance and (2) extraordinary services. Routine maintenance is performed on a pre-set schedule to reduce the incidence of malfunctions, reduce complaints, and extend the useful life of the signal equipment. Extraordinary services include repair of damage resulting from traffic collisions, acts of God (i.e., excessive winds, rain, floods, earthquakes, etc.), and vandalism.

Extraordinary services may also entail simple signal modifications to improve traffic signal operation, reduce congestion, and upgrading of traffic signal controllers and control cabinets.

The City of Santa Fe Springs has maintained and operated all City-owned traffic signals (currently 24 signalized intersections and 2 flashing beacons) since October 1995. In 2009, Council approved a five-year contract agreement for traffic signal maintenance services and granted a five-year agreement extension in 2014. The agreement expired in 2019 without renewal. However; the City of Santa Fe Springs has continued to provide routine and extraordinary traffic signal maintenance service without an official contract in place.

Based on the outstanding performances by the City of Santa Fe Springs in maintaining our traffic signals, staff recommends renewal of their contract agreement. The agreement term will commence upon Council approval and continue subject to a 90 day written notice of termination by either City of Irwindale or City of Santa Fe Springs.

The scope of work (see Exhibit "B") will remain the same as in the previous agreements. The monthly charges will also remain at current levels which are:

Routine maintenance:

Per signal/month
Per flashing beacon/month
Extraordinary maintenance:

Materials
Labor
Equipment
$70.00
$35.00
Cost plus 15% markup
Cost plus 17% overhead
Cost
The proposed agreement will also allow for the Cities to annually adjust the base rates to ensure an equitable annual cost to provide the services. The agreement has been reviewed and approved as to form by the City Attorney's office.

Fiscal Impact:

Funding for this contract is included in the FY 2023-2024 Public Works Engineering Departmental Budget.

Attachment(s):
• Contract agreement
Page2

CITY OF IRWINDALE

AGREEMENT

WITH SANT A FE SPRINGS

FOR TRAFFIC SIGNAL MAINTENANCE
THIS AGREEMENT is made and entered into this 26th day of July, 2023 by and between the City of Irwindale, a Charter City ("Irwindale") and the City of Santa Fe Springs, a municipal corporation ("Contractor"). Contractor and Irwindale are sometimes collectively referred to as ("Parties").

WITNESS
WHEREAS, on October 23, 2014, Parties entered into Agreement for traffic signal, illuminated street name sign and highway intersection lighting maintenance (the "2014 Agreement"); and
WHEREAS, Parties desire for this Agreement to supersede and replace the 2014 Agreement; and
WHEREAS, Irwindale has twenty-four (24) signalized intersections at various locations shared with other agencies, and from time to time, may signalize other intersections; and
WHEREAS, Irwindale has two (2) yellow flashing beacon locations 100% owned by Irwindale; and
WHEREAS, Irwindale seeks 24-hour maintenance of lrwindale's traffic signals; and
WHEREAS, Contractor has specialized knowledge, training, and experience in the routine preventative and extraordinary maintenance services of traffic signals; and WHEREAS, Contractor desires to perform the maintenance services for Irwindale under this Agreement; and
WHEREAS, Irwindale desires Contractor provide such services, subject to the terms and conditions set forth in this Agreement; and
WHEREAS, the purpose of this Agreement is to provide routine preventative and extraordinary maintenance services for existing traffic signals, and those new traffic signals that from time to time may be installed by Irwindale during the life of this Agreement.

Now, therefore, in consideration of the mutual covenants and conditions set forth herein, the Parties agree as follows:
01005.0006/908072.1 Page 1of8
City of Irwindale
Agreement

1. CONTRACT TERM
This Agreement is effective as of date first listed above and upon execution by both Parties and may be terminated at any time in accordance with Section 5 of this Agreement.

2. MANAGEMENT
lrwindale's Director of Engineering I Building Official shall represent Irwindale in all matters pertaining to the administration of this Agreement, review and approval of all products submitted by Contractor, but not including the authority to expand the tasks to be performed or change the compensation due to Contractor. lrwindale's City Manager shall be authorized to act on lrwindale's behalf and to execute all necessary documents which enlarge the tasks to be performed or change Contractor's compensation, subject to Section 4 hereof. Contractor's Director of Engineering I Building Official, or his/her designee, shall represent Contractor in all matters pertaining to the administration of this Agreement for Contractor, but not including the authority to expand the tasks to be performed. Contractor's City Manager, or his/her designee, shall be authorized to act on Contractor's behalf and to execute all necessary documents which enlarge the tasks to be performed or change Contractor's compensation.

3. SERVICES
Contractor shall perform the tasks described and set forth in Exhibit B, attached hereto and incorporated herein as though set forth in full. Contractor shall complete the tasks according to the Scope of Work which is also set forth in Exhibit B.

4. PAYMENT
(a) Irwindale agrees to pay Contractor a flat monthly rate of $75.00 per signal (24 signals) for routine maintenance and $40.00 per flasher (2 flashers) per month based upon actual signals inspected and maintained, which represents the parties' reasonable estimate of the actual costs of inspection and maintenance for the signal. Those monthly rates shall be used for billing through June 30, 2024. Thereafter, to ensure an equitable annual cost, the rates may be revised and adjusted based on the most recent Consumer Price Index (CPI) for the Los Angeles area for each fiscal year upon 60 days written notice and written approval by Irwindale. In no event shall the rates be revised or adjusted to an amount that exceeds a 6% increase from the previous fiscal year. (b) Contractor shall not be compensated for any services, including extraordinary maintenance, ("additional services") rendered in connection with its performance of this Agreement which are in addition to routine maintenance, unless the additional services are authorized in advance and in writing by lrwindale's Director of Engineering I Building Official or her/his designee. Contractor shall be compensated for any additional services in the amounts and in the manner as agreed to by lrwindale's Director of Engineering I Building Official or her/his designee and Contractor at the time 01005.0006/908072.1
City of Irwindale
Agreement

lrwindale's written authorization has been given to Contractor for the performance of those services. lrwindale's City Manager may approve amendments to this Agreement for additional work up to the amount authorized pursuant to the most recent Irwindale Council-approved administrative policies relating to lrwindale's City Manager's authority to enter into new agreements. Any additional services in excess of that amount shall be approved by lrwindale's City Council.
(c) Contractor will submit invoices monthly for actual routine maintenance, extraordinary maintenance and additional services satisfactorily performed. Invoices shall be submitted on or about the tenth business day of each month, or as soon thereafter as practical, for services provided in the previous month. Payment shall be made within thirty days (30 days) after receipt of each invoice as to all non-disputed fees. If Irwindale disputes any of Contractor's fees, then it shall give written notice to Contractor within thirty days (30 days) after receipt of an invoice of any disputed fees set forth on the invoice. ( d) The first bill in each fiscal year for routine maintenance shall show the itemization of salaries and wages, material equipment, and appropriate overheads upon which the flat rates referred to in Section 4a, are based. Materials shall include miscellaneous items of service and expense. All bills for extraordinary maintenance and additional services shall show the itemization specified above. (e) Payment for extraordinary maintenance and additional services shall include actual salaries, wages, parts and equipment costs and may include an additional 17% added to salaries and wages for overhead and to equipment for depreciation and that 17% shall be shown as separate line items in the invoices for extraordinary maintenance. The cost of parts or supplies is based on actual costs plus a 15% markup.

In addition, Contractor's services will be billed on an actual invoice plus a 10% markup.

5. TERMINATION OF AGREEMENT WITHOUT CAUSE
(a) Irwindale or Contractor may at any time, for any reason, with or without cause, terminate this Agreement, or any portion hereof, by serving upon the other party at least ninety days' (90 days') prior written notice. Upon receipt of said notice, Contractor shall immediately cease all work under the Agreement, unless notice provides otherwise.

If Irwindale terminates a portion of the Agreement, then such termination shall not make void or invalidate the remainder of this Agreement.
(b) In the event this Agreement is terminated pursuant to this Section, Irwindale shall pay to Contractor the actual value of the work satisfactorily performed up to the time of termination. Upon termination of the Agreement pursuant to this Section, Contractor will submit an invoice to Irwindale pursuant to Section 4. 01005.0006/908072.1
City of Irwindale
Agreement

6. DEFAULT OF CONTRACTOR
(a) Contractor's failure to comply with the provisions of this Agreement shall constitute a default. In the event Contractor is in default for cause under the terms of this Agreement, Irwindale shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate this Agreement immediately by written notice to Contractor following notice of default and an opportunity to cure, as set forth in subsection (b) of this Section. If such failure by Contractor to make progress in the performance of work hereunder arises out of causes beyond Contractor's control, and without fault or negligence of Contractor, then it shall not be considered a default.
(b) If lrwindale's City Manager or his/her delegate determines Contractor is in default in the performance of any of the terms of this Agreement, then he/she shall cause to be served upon Contractor a written notice of the default. Contractor shall have ten days (10 days) after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that Contractor fails to cure its default within such period of time, Irwindale shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.

7. OWNERSHIP OF DOCUMENTS
(a) Contractor shall maintain complete and accurate records with respect to sales, costs, expenses, receipts, and other such information required by Irwindale that relates to the performance of services under this Agreement. Contractor shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained and shall be clearly identified and readily accessible. Contractor shall provide free access to the representatives of Irwindale or its designees at reasonable times to such books and records; shall permit Irwindale to make transcripts therefrom as necessary; and shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment.
(b) Upon completion of, or in the event of termination of this Agreement, all original documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of Irwindale and may be used, reused, or otherwise disposed of by Irwindale without the permission of Contractor. With respect to computer files, Contractor shall make available to Irwindale, at Contractor's office and upon reasonable written request by Irwindale, the necessary computer software and hardware for purposes of accessing, compiling, transferring, and printing computer files.
01005.0006/908072.1
City of Irwindale
Agreement

8. INDEMNIFICATION
(a) Neither Irwindale nor any officer or employee of Irwindale shall be responsible for any damage or liability occurring by reason of any acts or omissions on the part of Contractor under or in connection with any work, authority, or jurisdiction delegated to or determined to be the responsibility of Contractor under this Agreement. It is also understood and agreed, pursuant to Government Code, Section 895.4, Irwindale shall fully indemnify, defend, and hold harmless Contractor from any liability imposed for injury (as defined by Government Code, Section 810.8) occurring by reason of any acts or omissions on the part of Irwindale under or in connection with any work, authority, or jurisdiction delegated to or determined to be the responsibility of Irwindale under this Agreement.
(b) Neither Contractor nor any officer or employee of Contractor shall be responsible for any damage or liability occurring by reason of any acts or omissions on the part of Irwindale under or in connection with any work, authority, or jurisdiction delegated to or determined to be the responsibility of Irwindale under this Agreement. It is also understood and agreed, pursuant to Government Code, Section 895.4, Contractor shall fully indemnify, defend, and hold harmless Irwindale from any liability imposed for injury (as defined by Government Code, Section 810.8) occurring by reason of any acts or omissions on the part of Contractor under or in connection with any work, authority, or jurisdiction delegated to or determined to be the responsibility of Contractor under this Agreement.

9. INDEPENDENT CONTRACTOR
(a) Contractor is and shall at all times remain as to Irwindale a wholly independent Contractor. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither Irwindale nor any of its officers, employees, or agents shall have control over the conduct of Contractor or any of Contractor's officers, employees or agents, except as set forth in this Agreement. Contractor shall not at any time or in any manner represent it or any of its officers, employees, or agents are in any manner officers, employees, or agents of Irwindale. Contractor shall not incur or have the power to incur any debt, obligation, or liability whatever against Irwindale, or bind Irwindale in any manner.
(b) No employee benefits shall be available to Contractor in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, Irwindale shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for Irwindale. Irwindale shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder.
01005.0006/908072.1
City of Irwindale
Agreement

10. LEGAL RESPONSIBILITIES
Contractor shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. Contractor shall at all times observe and comply with all such laws and regulations. Irwindale, and its officers and employees, shall not be liable at law or in equity occasioned by failure of Contractor to comply with the Section.

11. NO BENEFIT TO ARISE TO LOCAL EMPLOYEES
No member, officer, or employee of Irwindale or Contractor, or their designees or agents, and no public official who exercises authority over responsibilities with respect to the services performed under this Agreement during his/her tenure or for one year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for work to be performed in connection with this Agreement.

12. RELEASE OF INFORMATION/CONFLICTS OF INTEREST
(a) All information gained by Contractor in performance of this Agreement shall be considered confidential and shall not be released by Contractor without lrwindale's prior written authorization. Contractor, its officers, employees, agents, or subcontractors, shall not without written authorization from the lrwindale's City Manager or unless requested by the lrwindale's City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories, or other information concerning the work performed under this Agreement. Response to a public records request, subpoena, or court order shall not be considered "voluntary" provided Contractor gives Irwindale notice of such request, court order or subpoena. (b) Contractor shall promptly notify Irwindale should Contractor, its officers, 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 person or party regarding this Agreement and the work performed thereunder. Irwindale retains the right, but has no obligation, to represent Contractor (with Contractor consent) and/or be present at any deposition, hearing, or similar proceeding. Contractor agrees to cooperate fully with Irwindale and to provide the opportunity to review any response to discovery requests provided by Contractor. However, lrwindale's right to review any such response does not imply or mean the right by Irwindale to control, direct, or rewrite said response. 01005.0006/908072.1
City of Irwindale
Agreement

13. NOTICES
Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by 1) personal service; 2) delivery by a reputable document delivery service, such as, but not limited to, Federal Express, which provides a receipt showing date and time of delivery; or 3) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as the party may later designate by notice.

To Irwindale:

To Contractor:

14. ASSIGNMENT
City of Irwindale
Attention: City Manager
5050 N. Irwindale Drive
Irwindale, CA 91706
City of Santa Fe Springs
Attention: City Manager
11710 Telegraph Road
Santa Fe Springs, CA 90670
Contractor shall, under no circumstances, assign this Agreement, in whole or in part, to another party without the express written consent of the City Council of Irwindale.

On occasion, Contractor is allowed to use subcontractors for specialty items, such as installation of loop detectors, crane work, boring for underground conduits, etc.; provided, that Contractor has notified lrwindale's Director of Engineering I Building Official of such work.

15. GOVERNING LAW
Irwindale and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the State or Federal district court with jurisdiction over Irwindale.

16. ENTIRE AGREEMENT
This Agreement contains the entire understanding between Parties relating to the obligations of Parties described in this Agreement. All prior or previous agreements, including, but not limited to, the 2014 Agreement, understandings, representations, and statements, oral or written, are replaced and superseded by this Agreement and shall be of no further force or effect. Parties are entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. Subsequent modifications to this 01005.00061908072.1
City of Irwindale
Agreement

Agreement shall be effective only if in writing and signed by authorized representatives of Parties.

IN WITNESS WHEREOF, Parties have caused this Agreement to be executed the day and year first above written.

CITY OF Irwindale,
a Charter City
By:~~~~~~~~~~~~
Julian A. Miranda, City Manager
ATTEST:

By:~~~~~~~~~~~~
Laura M Nieto, Chief Deputy City Clerk
Approved As To Form:

Adrian R. Guerra, City Attorney
ATTACHMENTS:

CITY OF SANTA FE SPRINGS,
a General Law City
By:~~~~~~~~~~~~~~
Tom Hatch, Interim City Manager
ATTEST:

By:~~~~~~~~~~~~~
Janet Martinez, City Clerk
Approved As To Form:

Ivy M. Tsai, City Attorney
Exhibit A: Locations for Maintenance of Traffic Control Devices Exhibit B: Scope of Work
01005.0006/908072.1
01 02
03 04
05 06
07 08
09 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26

CITY OF IRWINDALE
EXHIBIT "A"

LOCATIONS FOR MAINTENANCE OF TRAFFIC CONTROL DEVICES

INTERSECTION ILLUMINATED

LOCATION LIGHT STREET
LIGHT
Arrow Highway (E) at Live Oak Avenue 7 2
Arrow Hiahwav (W) at Live Oak Avenue 9 2
Arrow Highway at 4th Street 7 4
Arrow Hiahwav at Avenida Barbosa 6 2
Arrow Highway at Azusa Canyon Road 4 4
Arrow Hiahway at Irwindale Avenue 8 4
Arrow Hiahway at Morada Street 2 2
Arrow Highway at Riverarade Road 6 3
Arrow Hiahwav at Santa Fe Dam (Bike Trail - Eastbound) Flashina Beacon - Arrow Hiahway at Santa Fe Dam (Bike Trail - Westbound) Flashina Beacon - Buena Vista Street at Avenida Barbosa - Bateman Avenue 2 0 Azusa Canyon Road at Cypress Street 7 4
Commerce Drive at Riverarade Road 4 2
Irwindale Avenue at Calle De Paseo 2 0
Irwindale Avenue at Calle Del Norte 6 4
Irwindale Avenue at Foothill Boulevard 2 2
Irwindale Avenue at I Gatewav Business Drive 4 4
Irwindale Avenue at Martinez Street I Taoia Street 4 0
Irwindale Avenue at Ornelas Avenue 7 4
Live Oak Avenue at Irwindale Speedway 4 2
Live Oak Avenue at Lonaden Avenue 4 2
Myrtle Avenue at Longden Avenue 6 2
Stewart Avenue at Riverarade Road 8 4
Arrow Hiahwav at Santa Fe Dam !Ped-Bike Crossing) 2 0
Irwindale Avenue at Jardin De Roca/Irwindale Road
Los Anaeles Street at Home Depot Distribution Dwy

CITY OF IRWINDALE
AGREEMENT - EXHIBIT "B"

SCOPE OF WORK
The work to be done, in general, consists of furnishing all labor, materials, tools, equipment and incidentals (unless otherwise specified), to maintain lrwindale's twentyfour (24) signalized intersections, and two (2) flashing beacons 100% Irwindale owned as shown on Exhibit "A", in a safe, satisfactory and workmanlike manner.

Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in similar services, as are required by Contractor, in meeting its obligations under this Agreement. All services required under this Agreement will be performed by Contractor, and all personnel shall possess the qualifications, permits and licenses required by the State and local law to perform such services.

A. Permits and Licenses
Contractor shall procure all permits and licenses, and give all notices necessary and incidental to the due and lawful prosecution of the Agreement.

B. Patents
Contractor shall assume all responsibilities arising from the use of patented materials, equipment, devices, or processes used on or incorporated in the work.

C. Equipment Required
Contractor shall be equipped with spare parts sufficient to return a defective signal to operation following ordinary trouble calls. In those cases where a complex controller or component has to be repaired, Contractor shall install a substitute controller or component of its own, while it is repairing the defective controller or component.

D. Records
Contractor shall maintain a record of all service calls and work performed upon the signal equipment, listing dates, arrival time to location, hour of day, description of service work performed, and the certified technician's name who completed the work. A copy of such record shall be maintained at all times within the controller cabinet of each signal location.

A log sheet giving a brief description of all routine and extraordinary maintenance activities shall be attached to each monthly invoice. Each invoice, including attachments, shall have a minimum of the following but not limited to:

1. Location of intersection

2. Technician Name
City of Irwindale
Agreement - Exhibit B

3. Detailed breakdown of work performed

4. Date of invoice and date of work performed

5. Technician arrival time

6. Requestor's name and call back number

7. Description of damaged work and work performed

8. Invoice number

9. Purchase Order Number
E. Shutdowns
Contractor shall request the assistance from lrwindale's Public Works Department at (626) 430-2259 or (626) 430-2210 and notify lrwindale's Director of Engineering I Building Official or her/his authorized representative or designee at (626) 430- 2259 or (626) 430-2210, of any signal turn-offs or turn-ans, if traffic is very heavy and Contractor feels it cannot safely bring up the signal.

F. Compliance
Contractor shall comply with all applicable codes, ordinances, laws, rules, regulations.

G. Labor Strike
It shall be the responsibility of Contractor to provide continuous maintenance services, without any interruption, of all traffic signals in Irwindale. In case of a labor strike, Contractor shall provide other means, at his own cost, to provide comparable continuous service as if there were no strike. Failing to do so will cause Irwindale to take whatever action is deemed necessary to provide such service, and the cost will be borne by Contractor.

H. Failure to Perform
If Contractor neglects to perform any of the work properly, or fails to perform any provision of this contract, then Irwindale, within three (3) days after written notice to Contractor, may, without prejudice to any other remedy it may have, make good on such deficiencies, and may deduct the cost thereof from the payment then or thereafter due Contractor; provided, however, that lrwindale's Director of Engineering I Building Official shall approve such action, and certify the amount thereof to be charged to Contractor.

I. Measurement and Payment
Payment shall be made on a monthly basis for all work satisfactorily completed the prior month. A single invoice that itemizes as follows is required:
• Routine Maintenance work; and
• Extraordinary Maintenance work
City of Irwindale
Agreement - Exhibit B

J. Routine Maintenance
The price for Routine Maintenance shall include the following services, and any other service not specified in this subsection shall fall under the category of "Extraordinary Maintenance."
(1) Coordination Timing
For non-interconnected pre-timed systems of pre-timed controllers, Contractor shall check coordination timing not less than once each month. (2) Monthly Inspections
Contractor shall perform monthly inspections of each signalized intersection as follows:
(a) Walk the intersection and visually inspect all signal heads for proper operation, alignment, broken lenses, and missing or damaged parts.

During the walk around, depress all pedestrian push buttons, and observe for proper timing operation and display. As soon as possible, replace broken parts, or change parts and align signal heads, adjust all vehicle or pedestrian signals as necessary. Such repairs would be payable under Section K (Extraordinary Maintenance of this Agreement).
(b) Closely examine the functioning of the traffic controller in relation to the approaching traffic, and compare the timing chart to the intervals that are timed by the traffic controller. Correct the time of intervals, if necessary, as per the timing card and note any changes on the P.M. sheet.
(c) Observe traffic as it approaches the intersection, in order to determine if the detector loops, detector loop cables, and amplifiers are operating properly. Adjust or re-tune detect amplifiers, if necessary.
(d) Inspect all load switches, ground-level photo-cells, dials, controller cabinet switches, relays, clocks, cabinet locks, cabinet mechanisms, cooling fans, etc., and make routine adjustments or minor repairs, if necessary.
(e) Clean the controller cabinet; vacuum if necessary; remove any foreign material. Look for water or excessive dampness inside the cabinet. Determine the cause, and remedy the condition. Check the filter, and replace it if necessary.

City of Irwindale
Agreement - Exhibit B

(f) Maintain a clear and accurate record of the field inspection in the controller cabinet. This record will include the monthly inspection summary showing the date and time checked, and who checked it.

If a controller needs to be replaced due to malfunctioning and needs repair, then Contractor shall notify lrwindale's Public Works Department within 24 hours of controller replacement. Any replacement controller shall be adjusted to reflect the timing and settings according to the timing chart.
(g) Replace the air filter elements in all cabinets so equipped, every twelve (12) months during the term of this Agreement.
(h) A nighttime survey (Night Tour) shall be conducted quarterly to inspect and identify any inoperable intersection lighting, street lighting, soffit lighting, and illuminated street name signing. A report of all findings and actions from such survey shall be sent to lrwindale's Director of Engineering I Building Official for review. (i) Notify lrwindale's Public Works Department when the visibility of traffic signal indications or intersection lighting is impaired by trees, shrubbery, or other obstacles.

K. Extraordinary Maintenance
Extraordinary Maintenance shall consist of the following:
• Repair of failure or malfunction of the signal system if caused by vehicle collision, vandalism, civil disorder, windstorm, natural disasters, street construction, replacement or excavation; or
• Minor upgrading or installation as directed by Irwindale. • Repair of broken lenses, missing or damaged parts, burned-out indications, etc. that are found during the monthly Routine Maintenance and Night Tour inspections .
•
(1) Repair
Contractor shall repair any and all defective parts of the signal system that cause the signal failure or malfunction, as the occasion arises, such as the signal controller, pedestrian timers, timing dial, master controllers, coordinating units, (State of California) synchronizer and interconnect, flashers, all kinds of burnouts, detector loops, push buttons, sensing units, communication hardware, and wiring systems, etc., unless the failure or malfunction falls in the category of "Routine Maintenance" as defined in this Agreement.

City of Irwindale
Agreement - Exhibit B

(2) Loop Detector Replacement
Once it is determined by Irwindale a loop detector has so deteriorated that applying more epoxy is insufficient, the loop detector shall be replaced upon receiving approval from lrwindale's Director of Engineering I Building Official. Contractor shall provide a schedule for installation of any loop detectors with an estimated completion date.
(3) Lamp Replacement
Contractor shall replace all lamps and Light Emitting Diodes (LED's) in all signals on an 80% depletion curve, in accordance with the time schedule contained in the specifications. All traffic signal lamps must conform to the standards of the N.E.M.A., U.L., E.l.A., A.S.T.M., A.N.S.I., and any local ordinance that may apply.

If incandescent lamps are present and are in need of replacement based upon the above criteria, Contractor shall replace the lamp to an approved manufacturer LED.

Contractor agrees and acknowledges lrwindale's traffic signals contain LED's, which include red, amber and green balls and arrows. (4) LED Replacement
Contractor agrees to use only standard traffic signal LED's equivalent in performance, reliability and durability to those manufactured to California Department Transportation's (Caltrans) standards. Contractor agrees to supply all labor and equipment to perform the re-lamping function, with the cost of the LED's and associated installation labor to be invoiced to Irwindale. Contractor shall clean, polish and inspect all lenses and reflectors at the time the traffic signals are re-lamped. At this time, all broken or deteriorated parts will be replaced or changed, as necessary, signal heads aligned, mast arm mounted, street name signs adjusted, and optically programmed signal heads adjusted.
(5) Pedestrian Signals and Street Name Signs
Contractor shall replace pedestrian signal modules and internally illuminated street name sign lamps, as they become dim or inoperative. Contractor shall also replace ballasts and transformers for these units as required.

City of Irwindale
Agreement - Exhibit 8

(6) Lighting at Intersections
Intersection lighting at signalized intersections are to be replaced as they become inoperative, or when directed by Irwindale. High pressure sodium lamps are to be used for replacement.
(7) Emergency Service
Contractor shall maintain a 24-hour per day emergency service for the replacement of burned-out lamps or LED's, turned heads and controller malfunctions, or any damage creating a public hazard. The intersections where said traffic signals are located shall be monitored during monthly inspection and quarterly night tours by Contractor or his representatives. Contractor shall repair parts, replace parts and lamps or LED's, and otherwise keep the traffic signals in good working condition. Contractor shall maintain a local telephone number where representatives of Contractor can be reached 24 hours per day. This telephone number is to be made available to all persons designated by Irwindale.

Contractor shall make immediate service calls on an emergency basis, responding within two (2) hours in the event of malfunctions of the controller or signal system, or turned head.
(8) Notification
Contractor shall contact lrwindale's Director of Engineering I Building Official regarding any Extraordinary Maintenance work (except that necessary to maintain operation) that exceeds $1000 in cost and seek approval from lrwindale's Director of Engineering I Building Official before the work is scheduled or commenced.
(9) Emergencies
When directed by Irwindale, Contractor shall respond immediately to emergency calls such as a total blackout, and dispatch the qualified personnel and equipment to reach the site within two (2) hours of lrwindale's direction under normal circumstances.

For an emergency repair of a signal that requires the turning off of power to the signal, the following procedure of traffic control shall apply.
(a) Contractor shall dispatch qualified personnel and equipment to reach the site within two (2) hours of lrwindale's direction.

City of Irwindale
Agreement - Exhibit B

Contractor's vehicle shall carry stop signs, traffic cones and other equipment that shall be used when directing traffic during an emergency and/or when deemed necessary by the signal technician, lrwindale's Director of Engineering I Building Official, or her/his designated representative. (10) Materials
Materials used in Extraordinary Maintenance shall be paid at Contractor's actual cost from the supplier, plus a 15% markup. All materials and parts shall be new or have the approval of lrwindale's Director of Engineering I Building Official, if otherwise not new.

Irwindale has the right to inspect Contractor's records to verify any material costs used for work relating to Extraordinary Maintenance. (11) Direct Labor
As part of its monthly invoice, Contractor shall present a record of hours spent on Extraordinary Maintenance of traffic signals and appurtenances per intersection. Irwindale shall pay Contractor's direct cost for such hours of Extraordinary Maintenance as stated below:

Regular time rates will be charged to Irwindale for labor between 6:00 am to 5:00 pm, Monday through Friday. Overtime rates will be charged to Irwindale for labor between 5:00 pm and 6:00 am on weekdays, and 24 hours on Saturdays, Sundays and holidays.

Under this Agreement, holidays mean New Year's Day, Martin Luther King Jr.'s Birthday, Lincoln's Birthday, President's Day, Cesar Chavez's Birthday, Memorial Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving Day, Day after Thanksgiving Day, the day before Christmas from 12 noon to 5:00 pm, if Christmas falls on a day other than Saturday, Sunday or Monday, Christmas Day, the day after Christmas, in those years in which Christmas falls on a Thursday and every day appointed by the President or Governor for a public fast, thanksgiving, or holiday.
(12) Equipment
Irwindale shall pay Contractor's direct cost for equipment used in Extraordinary Maintenance. All salvaged or damaged materials that cannot be repaired or reused shall be delivered by Contractor to a location designated by lrwindale's Engineer. All damaged materials that can be repaired for re-use in Contractor's signal shop, shall be removed to the shop for such repairs, and shall be reinstalled when repaired
City of Irwindale
Agreement - Exhibit B

(13) Painting
Contractor shall provide a cost to Irwindale to repaint all, signal heads, back plates and visors, unless directed otherwise by Irwindale, at least once during the term of this Agreement.

Repainting shall be conducted by a method mutually agreed to by both parties.
(14) Maintenance and Inspections
Contractor shall provide intersection lighting and/or street lighting maintenance and inspections in the City of Irwindale.
( 15) Conflict Monitor Testing
Contractor shall provide conflict monitor testing. If Contractor determines a conflict monitor unit is defective or malfunctioning, then Contractor shall conduct repairs in accordance with Sections K.(1) and K.(8) above.

L. Protection and Traffic Control
(1) Protection
Contractor shall be responsible for, and shall provide and maintain all required barricades, railings, lights and warning signs, and shall take all necessary precautions to avoid injury or damage to any person or property, and shall, at its own cost and expense, defend, protect and indemnify Irwindale against any claim or liability arising from, or based on the lack of proper safeguards or negligence, whether by himself or his agents, employees or subcontractors.

Contractor shall protect all work, materials and equipment from damage from any cause whatsoever, and provide adequate and proper storage facilities during the progress of the work. It shall provide for the safety and good condition of all work, and replace all damaged or defective work, materials and equipment.

Contractor shall exercise diligence to avoid damage to sprinkler piping, valves, trees, planting, turf, etc., in addition to buildings, structures, pavement, fences and footings. Any required tree branch trimming or removal shall be brought to the attention of Irwindale promptly, and shall be performed by Irwindale personnel.

City of Irwindale
Agreement - Exhibit B

M. Traffic Control
Traffic control shall conform to the California Manual on Uniform Traffic Control Devices (California MUTCD), latest edition, and must be approved by lrwindale's Director of Engineering I Building Official or his/her designee.

Contractor shall conduct his operation as to cause the least possible obstruction and inconvenience to vehicular and pedestrian traffic.

Contractor shall furnish, erect and maintain such fences, barriers, lights, warning devices and signs in compliance with the California MUTCD, latest edition, or as may be deemed necessary by lrwindale's Director of Engineering I Building Official, to give adequate warning to the public at all times the road or street is obstructed, and of any abnormal conditions to be encountered as a result thereof. (1) Payment for Traffic Control
Payment for barricading, protection and vehicular and pedestrian traffic control shall be included in the cost estimate for extraordinary maintenance to adequately perform the work involved to the satisfaction of lrwindale's Director of Engineering I Building Official.

N. Guarantee
Contractor hereby guarantees the entire work performed by it under this Agreement will meet fully all requirements thereof as to quality of workmanship and materials furnished by it.

Contractor hereby agrees to make, as its own expense, any repairs or replacements made necessary by defects in materials or workmanship supplied by it that become known within one (1) year of the repair or replacement and upon notice to Contractor regarding said defects.

0. Record Requests
At the request of lrwindale's Director of Engineering I Building Official or her/his designee, Contractor shall provide timing chart information, cost account information or any other documentation related to services provided by Contractor. All third party requests for records shall be routed through the City of lrwindale's Director of Engineering I Building Official and all requested records will be routed to the Director of Engineering I Building Official for release to the third party. Contractor shall be entitled to compensation for such requests on a time and materials basis in accordance with Section 4.(e) of the Agreement. !21City Council
DSuccessor Agency
DHousing Authority
DReclamation Authority
DJoint Powers Authority
Date: July 26, 2023
Cityo/ I

IRWINDALE

AGENDA REPORT
To: Honorable Mayor and Members of the City Council
From: Julian A. Miranda, City Manager
CC Item 7
Issue:

Approval of Contract Agreement with San Bernardino County Sheriff's Department for Firing Range Use
City Manager's Recommendation:

The City Manager recommends City Council authorize the Chief of Police to enter into an agreement with the San Bernardino County Sheriff Department allowing for the periodic use of their firing range.

Administrative Action:

Submitted by:

Christopher Hofford, Police Chief
(626) 430-2200
Prepared by:

John Fraijo, Police Captain
Reviewed by:

Adrian R. Guerra, City Attorney
Kambiz Borhani, Finance Director I City Treasurer
Approved by:

Julian A. Miranda, City Manager
01005.0010/872105.1
Electronically Approved
Electronically Approved
Electronically Approved
Electronically Approved

Background and Analysis:

In November 2022, the Irwindale Police Department and the Azusa Police Department combined efforts to create a mutual Special Weapons and Tactics (SWAT) team between both agencies. Five Irwindale Police Officers were selected during a testing and interview process. Once selected, Irwindale Police Administration agreed to mirror the Azusa Police Department's SWAT monthly training session in accordance with Police Officers Standards and Training (POST) recommendations. This joint training requires Irwindale Police officers to join Azusa Police SWAT members in combined training requiring monthly firearms marksmanship training, live firehouse exercises, tactical training house exercises with simmunitions, and the deployment of chemical agent exercises.

Currently, the Azusa Police Department has an Agreement for the use of Weapons Firing Range Facilities with the San Bernardino County Sheriff's Department (SBSD), which offers such facilities. In order to continue our combined efforts with Azusa Police SWAT team, SBSD prepared the attached agreement, which will provide the same services and fees to the Irwindale Police Department (Refer to Schedule B of attached MOU).

Fiscal Impact:

As indicated in Schedule B, monthly billing will be incurred for the use of the facility by Irwindale Police members only. There will be some provisions of adjustment each fiscal year as described in Schedule B. Irwindale Police Department Training Budget will be utilized to meet this agreement.

The estimated yearly cost will be approximately $2,684.00.

Attachment: SBSD Range Agreement
Page2
THE INFORMATION IN THIS BOX IS NOT A PART OF THE CONTRAcT AND IS FOR COUNTY USE ONLY SAN llERNARDINO
COUNTY
Contract Number
SHR • 23- 0160
SAP Number
N/A ---·----·
Sheriff/Coroner/Public Administrator
Department Contract Representative
Telephone Number
Contractor
Contractor Representative
Telephone Number
Contract Term
Original Contract Amount
Amendment Amount
Total Contract Amount
Cost Center
IT IS HEREBY AGREED AS FOLLOWS:

Kelly Welty, Chief Deputy Director
of Sheriff's Administration --- _(909) 387~_Q_6_40 __ _ Ji:windale Police Department
Christopher Hofforcl_ _______ _
(626)430-2242
_XX-XX-2022 through 06-30-2027
Fee per Service

AGREEMENT FOR USE OF

SAN BERNARDINO COUNTY SHERIFF/CORONER/PUBLIC ADMINISTRATOR

WEAPONS FIRING RANGE FACILITIES
WHEREAS, the County, through the Sheriff/Coroner/Public Administrator, hereinafter referred to as "Sheriff', operates a Weapons Firing Range (Range), a Live Fire House (LFH), a Tactical Training House (TACH); and a Chemical Agents Facility {CAF) located at the Frank Bland Regional Training Center {Training Center); AND WHEREAS, the Contractor desires to enter into an Agreement for the use of said Range for the purpose of firearms training; or of said CAF for periodic chemical agent (lear gas) training; or of said LFH and/or TACH for the purpose of periodic firearms qualification shoots and/or firearms training; NOW, THEREFORE, the parties agree as follows;
A. SCOPE OF SERVICES
A.1 The Contractor shall make use of the Range, CAF, LFH, or TACH at approximately quarterly Intervals during each contractual year. Contractor shall be provided access to the Range as many times as required to ensure that all Contractor's law enforcement personnel and/or students have successfully completed qualifying shoots and/or training sessions. Use of the Range shall take place during normal Range operating hours, at times and dates specified by the Sheriff's Range Page I of?
Standard Conlract
Master and/or Range Safety Officer. Available Range faclllties shall include, but are not limited to, the following: pistol range, rifle range, and classroom facilities.

A.2 The Contractor shall coordinate with a designated County Range Safety Officer regarding the proper use of the Range, CAF, LFH and TACH facilities. Contractor shall ensure that all Contractor's personnel and students utilizing the Range, CAF, LFH, or TACH are knowledgeable regarding proper use of the Range, CAF, LFH and/or TACH facilities.

A.J The LFH and TACH are limited to use by Special Weapons and Tactics (SWAT) teams and must be approved by the Sheriffs Range Master, or designee, to assure proper training and qualification.

A.4 Instructors must consult with the Sheriff's Range Safety Officer for an update of LFH and TACH procedures if a 12-month period of non-use has occurred.

A.5 The Contractor shall supply, at no cost to the County, a qualified Range Master, who has successfully completed a California Peace Officer Standards of Training (P.O.S.T.) approved (or equivalent) firearms instructor course, who shall personally supervise and control the course of training of Contractor's personnel and students at the Range, CAF, LFH and TACH subject to oversight and approval of the Sheriffs Range Master and Range Safety Officer. Contractor shall always have at least two safety persons (approved by Sheriff Department's staff) per scenario on site at the LFH and/or TACH during any training activity. Depending upon the nature of the training activity, Sheriffs Range Master or Range Safety Officer, or equivalent Range/CAF/LFH/TACH personnel, reserves the right to take direct control of the course of training of Contractor's personnel and students with the assistance of Contractor's Range Master.

A.5.1 Contractor shall supply copies of all related certifications of all instructors/safety officers.

A.5.2 All participants shall conduct themselves in accordance with Range Rules and Regulations, as detailed in Exhibit A; Live Fire House Regulations and Safety Rules, as detailed in Exhibit B; Chemical Agents Facility Regulations and Safety Rules, as detailed in Exhibit C; and Tactical Training House Regulations and Safety Rules, as detailed in Exhibit D, attached hereto and incorporated herein by reference.

A.5.3 Violations of the above-mentioned rules and regulations may result In immediate termination of Contractor's Range, LFH, CAF and TACH privileges.

A.6 The Contractor shall limit the use of the Sheriff Department's Range, CAF, LFH, and TACH facilities to those personnel and students currently employed or enrolled with Contractor at the time the Range, CAF, LFH, and/or TACH are used.

A. 7 The Contractor shall supply and bear the cost of all supplies or equipment necessary for shoots or training, above those detailed In the Schedule A, attached hereto and incorporated herein by reference. Contractor shall supply all necessary ammunition and weapons. All expended shell casings shall become the sole property of the County.

A.8 The Contractor shall submit a course of fire to the Sheriffs Range Master or Range Safety Officer prior to Contractor's initial use of the Range, LFH, and/or TACH facilities. Contractor shall submit a new course of fire prior to making any change in use of the Range, LFH, and/or TACH facilities.

A.9 The Contractor shall supply the Sheriff's Range Master or Range Safety Officer with contact information for Contractor's lead instructor/Range Master.

A.1 O It shall be the sole responsibility of the Contractor to ensure that all shooters arrive for all shoots and/or training sessions. Contractor is required to submit a roster of individuals in attendance at the Training Center.

B. TERM AND TERMINATION
The term of this Agreement shall be for a period commencing on August 1, 2022, or upon the date of approval by the Sheriff, whichever is later, and ending on June 30, 2027. Notwithstanding the foregoing, this contract may be terminated at any time with or without cause by Contractor or by Sheriff upon written notice given to the other party at least thirty (30) days prior to the date specified for such termination. Any

Standard Contract
such termination date shall coincide with the end of a calendar month. In the event of such termination, each party shall fully pay and discharge all obligations in favor of the other accruing prior to the date of such termination, and each party shall be released from all obligations or performance which would otherwise accrue subsequent to the date of termination. Neither party shall incur any liability to the other by reason of termination.

C. FISCAL PROVISIONS
C.1 The Contractor shall compensate the County at the rates set forth and attached hereto as Schedule B, per agency, based upon the actual number of shooters or per facility fee, per session. Sessions up to four hours will be considered a half-day session with a limit of twenty (20) shooters in four hours. Sessions more than four hours (or more than twenty (20) shooters) will be considered a whole day session.

C.2 Each Contractor agency is responsible for its per shooter/facility/session charges. If multiple Contractor Agencies train together, the charges cannot be combined and will be billed separately.

C.3 Contractor shall be billed in arrears on a quarterly basis. Contractor will submit payment to the Sheriff Department's Bureau of Administration for the costs billed within forty-five (45) days of invoice.

C.4 Schedule B reflects the rates in effect at the execution of this Agreement. County shall have the right to adjust the rates provided under this Agreement at the end of each fiscal year for the ensuing fiscal year. Any subsequent cost change(s) shall become effective on July 1 of the County fiscal year (July 1 through June 30). Such rate change(s) can include changes to Memoranda of Understanding approved by the County Board of Supervisors for County employees and other Inflationary costs. Sheriff shall provide notice to Contractor of pending rate change(s) by providing Contractor with a revised Schedule B reflecting such rate change(s).

C.5 CANCELLATION POLICY: Contractor agrees to pay the full cost of any scheduled facility session according to the Schedule B charges for the specific shooter/time booked unless the reserved time has been cancelled, at a minimum, twenty-four (24) hours prior to the scheduled session time.

Contractor may cancel scheduled sessions by calling the Sheriffs Range office at (909) 473-2549 or by e-mail to: [email protected].

D. INDEMNIFICATION AND INSURANCE REQUIREMENTS
D.1 Indemnification
The Contractor agrees to indemnify, defend (with counsel reasonably approved by County) and hold harmless the County and its authorized officers, employees, agents and volunteers ("lndemnitees") from any and all direct claims, actions, losses, damages and/or liability arising out of this Agreement from any cause whatsoever, including the acts, errors or omissions of any person and for any costs or expenses incurred by the County on account of any claim except where such indemnification is prohibited by law. This indemnification provision shall apply regardless of the existence or degree of fault of lndemnitees. The Contractor indemnification obligation does not apply to the County's "sole negligence" or "willful misconduct" within the meaning of Civil Code section 2782. Provided, however, that this indemnity does not extend to any environmental hazards or risks.

D.2 Additional Insured
All policies, except for Worker's Compensation, Errors and Omissions and Professional Liability policies shall contain additional endorsements naming the County and Its officers, employees, agents and volunteers as additional named insured with respect to liabilities arising out of the performance of services hereunder. The additional insured endorsements shall not limit the scope of coverage for the County to vicarious liability but shall allow coverage for the County to the full extent provided by the policy. Such additional insured coverage shall be at least as broad as Additional Insured (Form B) endorsement form ISO, CG 2010.11 85.

D.3 Waiver of Subrogation Rights

Standard Contract
The Contractor shall require the carriers of the above required coverages to waive all rights of subrogation against the County, its officers, employees, agents, volunteers, contractors, and subcontractors. All general or auto liability insurance coverage provided shall not prohibit the Contractor and Contractor's employees or agents from waiving the right of subrogation prior to a loss or claim. The Contractor hereby waives all rights of subrogation against the County.

D.4 Policies Primary and Non-Contributory
All policies required above are to be primary and non-contributory with any insurance or selfinsurance programs carried or administered by the County.

D.5 Severabillty of Interests
The Contractor agrees to ensure that coverage provided to meet these requirements is applicable separately to each insured and there will be no cross liability exclusions that preclude coverage for suits between the Contractor and the County or between the County and any other insured or additional insured under the policy.

D.6 Proof of Coverage
The Contractor shall furnish Certificates of Insurance to the Sheriffs Department to the address referenced in Paragraph F, evidencing the insurance coverage at the tirne the Agreement is executed, additional endorsements, as required shall be provided prior to the commencement of performance of services hereunder, which certificates shall provide that such insurance shall not be terminated or expire without thirty (30) days written notice to the Department, and Contractor shall maintain such insurance From the time Contractor commences performance of services hereunder until the completion of such services. Within fifteen (15) days of the commencement of this contract, the Contractor shall furnish a copy of the Declaration page for all applicable policies and will provide complete certified copies of the policies and endorsements immediately upon request.

D.7 Acceptability of Insurance Carrier
Unless otherwise approved by Risk Management, insurance shall be written by insurers authorized to do business in the State of California and with a minimum "Best" Insurance Guide rating of "AVII".

D.8 Deductibles and Self-Insured Retention
Any and all deductibles or self-insured retentions in excess of $10,000 shall be declared to and approved by Risk Management.

D.9 Failure to Procure Coverage
In the event that any policy of insurance required under this Agreement does not comply with the requirements, is not procured, or is canceled and not replaced, the County has the right but not the obligation or duty to cancel the Agreement or obtain Insurance if it deems necessary and any premiums paid by the County will be promptly reimbursed by the Contractor or County invoices to the Contractor will be increased to pay for County purchased insurance.

D.10 Insurance Review
Insurance requirements are subject to periodic review by the County. The Direction of Risk Management or deslgnee is authorized, but not required, to reduce, waive or suspend any insurance requirements whenever Risk Management determines that any of the required insurance is not available, is unreasonably priced, or is not needed to protect the interests of the County. In addition, if the Department of Risk Management determines that heretofore unreasonably priced or unavailable types of insurance coverage or coverage limits become reasonably priced or available, the Director of Risk Management or designee is authorized, but not required, to change the above insurance requirements to require additional types of insurance coverage or higher coverage limits, provided that any such change Is reasonable in light of past claims against the County, infiation, or any other item reasonably related to the County's risk.

Standard Conlract
Any change requiring additional types of insurance coverage or higher coverage limits must be made by amendment to this Agreement. Contractor agrees to execute any such amendment within thirty (30) days of receipt.,
Any failure, actual or alleged, on the part of the County to monitor or enforce compliance with any of the insurance and indemnification requirements will not be deemed as a waiver of any rights on the part of the County.

D.11 The Contractor agrees to provide insurance set forth in accordance with the requirements herein. if the Contractor uses existing coverage to comply with these requirements and that coverage does not meet the specified requirements, the Contractor agrees to amend, supplement or endorse the existing coverage to do so.

For contractors which are considered self-insured public entities: Both Contractor and County are authorized self-Insured public entities for purposes of Professional Liability, General Liability, Automobile Liability, and Workers' Compensation. Contractor and County warrant that through their respective program of self-insurance, they have adequate coverage or resources to protect against liabilities arising out of the performance of the terms, conditions or obligations of this agreement.

For contractors which are not considered self-insured public entities: Without in anyway affecting the indemnity herein provided and in addition thereto, the Contractor shall secure and maintain throughout the Agreement the following types of insurance with limits as shown:

D.11.1 Workers' Compensation Liability - A program of Workers' Compensation insurance or a state-approved self-insurance program in an amount and form to meet all applicable requirements of the Labor Code of the State of California, including Employer's Liability with $250,000 limits, covering all persons including volunteers providing services on behalf of the Contractor and all risks to such persons under this Agreement.

D.11.2 Commercial/General Liability insurance - The Contractor shall carry General Liability insurance covering all operations performed by or on behalf of the Contractor providing coverage for bodily injury and property damage with a combined single limit of not less than one million dollars ($1,000,000), per occurrence. The policy coverage shall include:
a. Premises operations and mobile equipment.
b. Products and completed operations.
c. Broad form property damage (including completed operations). d. Explosion, collapse and underground hazards.
e. Personal injury.
f. Contractual liability.
g. $2,000,000 general aggregate limit.

D.11.3 Automobile Liability Insurance - Primary insurance coverage shall be written on ISO Business Auto coverage form for all owned, hired and non-owned automobiles or symbol 1 (any auto). The policy shall have a combined single limit of not less than one million dollars ($1,000,000) for bodily injury and property damage, per occurrence, If the Contractor is transporting one or more non-employee passengers in performance of contract services, the automobile liability policy shall have a combined single limit of two million dollars ($2,000,000) for bodily injury and property damage per occurrence.

If the Contractor owns no autos, a non-owned auto endorsement to the General Liability policy described above is acceptable.

D.11.4 Umbrella Liability Insurance - An umbrella (over primary) or excess policy may be used to comply with limits or other primary coverage requirements. When used, the umbrella policy shall apply to bodily injury/property damage, personal injury/advertising Injury and shall include a "dropdown" provision providing primary coverage for any liability not covered by tile primary policy. The coverage shall also apply to automobile liability.

Standard Contract
D.11.5 Abuse/Molestation Insurance - Contractor shall bave abuse or molestation insurance providing coverage for all employees for the actual or thre~tened abuse or molestation by anyone of any person in the care, custody, or control of any insured, including negligent employment, investigation and supervision. The policy shall provide coverage for both defense and indemnity with liability limits of not less than one million dollars ($1,000,000) with a two million dollars ($2,000,000) aggregate limit.

D.12 Any such reduction or waiver for the entire term of the agreement and any change requiring additional types of insurance coverage or higher coverage limits must be made by amendment to this agreement. Contractor agrees to execute any such amendment within thirty (30) days of receipt.

E. NOTICES
All written notices provided for in this Agreement or which either party desires to give to the other shall be deemed fully given, when made in writing and either served personally, or by facsimile, or deposited in the United States mail, postage prepaid, and addressed to the other party as follows:

San Bernardino County Sheriffs Department
Bureau of Administration, Contracts Unit
655 East Third Street
San Bernardino, CA 92415-0061
Irwindale Police Department
5050 N. Irwindale Avenue
Irwindale, CA 91706
Notice shall be deemed communicated two (2) County working days from the time of mailing if mailed as provided in this paragraph.

F. AUTHORITY
The Sheriff/Coroner/Public Administrator of San Bernardino County, or designee, shall have the right to exercise the County's authority under this Agreement including the right to give notice of termination on behalf of the County at his sole discretion.

G. AGREEMENT AUTHORIZATION
The Contractor warrants and represents that the individual signing this Agreement is a properly authorized representative of the Contractor and has the full power and authority to enter into this Agreement on the Contractor's behalf.

H. ENTIRE AGREEMENT
This Agreement, Including ail Exhibits and Schedules, which are attached hereto and Incorporated by reference, represents the final, complete and exclusive agreement between the parties hereto. Any prior agreement, promises, negotiations or representations relating to the subject matter of this Agreement not expressly set forth herein are of no force or effect. This Agreement is executed without reliance upon any promise, warranty or representation by any party or any representative of any party other than those expressly contained herein.

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

The parties shall be entitled to sign and transmit an electronic signature of this Agreement (whether by facsimile, PDF or other mail transmission), which signature shall be binding on the party whose name is contained therein. Each party providing an electronic signature agrees to promptly execute and deliver to the other party an original signed Agreement upon request.

Standard Contract
IN WITNESS WHEREOF, the San Bernardino County and the Contractor have each caused this Contract to be subscribed by its respective duly authorized officers and delivered this Agreement on the Execution Date on its behalf.

Approved as to Legal Form
. ·-------------
Name, Title
Dated: ----··-----··--
... k--···
Signature

FOR SAN BERNARDINO COUNTY SHERIFF'S USE ONLY
Approved as to Legal Form
Richard D. Luczak, Deputy County Counsel
Date ___________ _
Standard Contract
Name
--(Print or type nanle of person signing contract)
Tille
Dated:

Address 5050 N. lrwindal13.Avenu~·--· __ _
Irwindale, CA 917()!3 __ ·-·-·-· ---
Reviewed/Approved by Sheriff.Coroner
Authorized Signature
Kelly Welty, Chief Deputy Director of Sheriff
Administration
Date ____________ _

SCHEDULE A

SUPPLIES AND SERVICES PROVIDED BY THE SAN BERNARDINO COUNTY SHERIFF'S DEPARTMENT FOR USE OF THE RANGE FACILITIES:

1. Target backing.

2. Target frames (stands).

3. Gun cleaning supplies and a designated area for gun cleaning.

ADDITIONAL INFORMATION:
• CONTRACTOR will provide targets, staple guns and staples. Additional imported targets (steel, windshields, etc.) need the approval of the Rangemaster or Designee. • Inmate assistance for range set up and target maintenance is available on a limited basis and is not guaranteed.
• Nighttime use of the range facilities is available on a limited basis and must be approved by the Sheriff's Rangemaster or Designee.

SCHEDULE B

SAN BERNARDINO COUNTY SHERIFF'S DEPARTMENT

USE OF WEAPONS FIRING RANGE FACILITIES
FEE SCHEDULE 2022-27 •

HALF DAY FULL DAY

FACILITY
UP TO FOUR (4) MORE THAN FOUR (4)

HOURS/DAY HOURS/DAY
(Per Session) (UP TO 20 SHOOTERS) (MORE THAN 20

SHOOTERS)
Shootina Range $23 per Shooter
Live Fire House $460 $920
Gas House $220 $440
RAC House I Simmunition House /TAC House $460 $920
Mat Room** $220
Classroom ** $220
'The rates on this page are for the fiscal year 2022-23 only and may be adjusted each fiscal year. '*Charged when no other exercise is being conducted by an agency on the same day.

EXHIBIT A
NOTICE

RANGE SAFETY ADVISORY
THE FOLLOWING SAFETY PROCEDURES WILL BE STRICTLY ENFORCED:

1. Upon arrival, all weapons are to remain holstered until participants are instructed to report to the firing line and given commands for the course of fire.

2. All shooters must wear proper ear and eye protection as approved by the Sheriff's Range.

3. Weapons are to be loaded or down loaded at the firing line, or as otherwise instructed by the Range Safety Officer.

4. Only magazines and speed loaders may be down loaded and replaced with live ammunition in the staging area.

5. After completing the course of fire, weapons are to be re-holstered upon leaving the firing line.

6. Weapons may be un-holstered in the cleaning room and rendered safe for cleaning by using the bullet containment system located in the cleaning room.

7. A duty round may only be re-chambered at the firing line or by using the bullet containment system located in the cleaning room.

8. Violation of any safety rule will result in removal of the violator from the Range. Flagrant safety violations could lead to suspension of future range privileges to the violator and/or the agency or organization the violator represents.

9. Eating, open toed shoes, and shorts are not permitted on the firing ranges

IF THERE ARE ANY QUESTIONS, PLEASE CONSULT THE RANGE SAFETY OFFICER OR

RANGEMASTER
Rev. 06/2022 Page I of I

EXHIBIT B
San Bernardino Sheriff's Department
Live Fire House Regulations and Safety Rules

1. Approval for use of the Live Fire House must be made by the or the Rangemaster or his/her Designee; authorized firearms instructors must be present during use; the primary (lead) instructor is responsible for the safe operation and maintenance of the Live Fire House; all training, presentation, or demonstrations, whether live fire or not, will be under the direct supervision of an instructor; the primary instructor will ensure that all participants involved in live fire training are qualified to do so; all instructors must have satisfactorily completed a "Live Fire House OperationsInstructor Development Course", as offered by either San Bernardino County Sheriff's Department (or equivalent subject to the approval of the Sheriff's Rangemaster); the primary instructor will ensure that all participants involved in Live Fire House training receive a safety briefing that includes basic firearms safety, and the safe operating procedures for the Live Fire House; all loading and unloading of weapons will be under the direct supervision of a firearms Instructor; the primary instructor will ensure that the following safety equipment is on-hand prior to "Live Firearms Training", these include, first aid trauma kit, radio or other form of communication, that fire extinguishers are present and charged, and the approach gate to the LFH remains clear of obstruction at all times.

2. Under most circumstances, the student to authorized instructor ratio will not exceed 3 to 1; body armor, eye and hearing protection must be worn by everyone who enters the Live Fire House; prior to live fire exercises, all rooms will be checked to ensure that no personnel are present; firearm instructors will ensure that targets are placed so that, when engaged, rounds will hit the proper backstop and rounds will not exit the building; authorized/approved frangible ammunition shall only be used, if your ammunition Is not on the approved list a test must be conducted by the Range Staff to verify that the ammunition is appropriate for the facility; no metal targets will be allowed; instructors shall review all targets and angles of deflections before beginning live fire; if during any training a safety whistle is blown or a command that is designated as a "Cease Fire" command is made, the shooter(s) shall freeze their movement, place trigger fingers outside of trigger guards, depress the weapons muzzles, repeat "Cease Fire" and wait for further commands from the instructor; students are required to follow the direction of the instructors and the safe operating procedures at all times, failure to do so is just cause for removal from training, all observers are required to follow the safety rules established for the Live Fire House at all times, failure to comply with these safety rules is just cause for removal from the Live Fire Facility; instructors shall ensure that no shots impact any containment wall closer than 18" from its upper edge; instructors shall monitor students to ensure that firing positions are not taken that may endanger other students or may allow fired round(s) from escaping the containment area.

3. The red range flag must be hoisted prior to use; at the conclusion of the training session the building shall be checked for damage, potential fire concerns and then secured; all damage not consistent with normal wear must be repaired, replaced and reported.

4. The entrance gates to the Live Fire House will be closed during all live fire exercises, with entry being approved only by the primary safety officer; no unauthorized persons shall be present in or around the Live Fire House without checking in with the safety officer and having his or her consent to be present; any injuries must be immediately reported to the Range Safety Officer or Rangemaster; a post operation inspection of the Live Fire House facility will be made by the primary instructor to ensure the following: all weapons, ammunition, diversionary devices, body armor, and other equipment used during the training period are accounted for, that brass has been collected and that all other debris within the Live Fire House has been removed, that no student(s) has sustained any injuries during training, that no damage has been caused by the training; account for all personnel who used the Live Fire House.

5. All agencies seeking to use the Live Fire House must have a current contract with the County of San Bernardino for such use, and insurance document, on file; curriculum of exercises that are to be conducted in the Live Fire House must be submitted in advance to the Rangemaster for approval; specific safety policies and procedures of the San Bernardino County Sheriffs Department must be followed at all tirnes; firearms shall not be handled by persons with a blood alcohol content in excess of .00% by weight or under the influence of drugs or medication that would impair their motor skills, judgment, or balance; and no chemical agents may be used in the Live Fire House.

6. All ammunition(s) used at the Life Fire House must be approved by the San Bernardino County Sheriff's Department and meet Department standards.

EXHIBIT C
San Bernardino County Sheriff's Department
Chemical Agents Facility Regulations and Safety Rules

1. Approval for use of the Sheriffs Chemical Agents Facility (GAF) must be made by the Rangemaster or his/her designee; authorized chemical agents Instructors must be present during use; the primary (lead) instructor is responsible for the safe operation and maintenance of the GAF; all training, presentation, or demonstrations, whether live training or not, will be under the direct supervision of an instructor; the primary instructor will ensure all participants involved in training are qualified to do so; all instructors must have satisfactorily completed a POST certified "Chemical Agents Instructor Course," as offered by either the San Bernardino County Sheriff's Department or equivalent, subject to the approval of the Sheriffs Rangemaster; the primary instructor will ensure the following safety equipment is on-hand prior to live training, these include, first aid trauma kit, radio or other form of communication, charged fire extinguisher(s), operable water source, "dud" container(s) with water.

2. No firearms and/or edged weapons shall be present by those involved in chemical agents training; chemical agents shall not be handled by persons with a blood alcohol content more than .00% by weight or under the influence of drugs or medication that would impair their motor skills, judgment, or balance; any injuries shall be immediately reported to the Rangemaster or readily available Range staff member; a post operation inspection of the GAF will be made by the primary instructor to ensure any related equipment utilized during the training period are accounted for and removed; damage to the GAF shall be immediately reported to the Rangemaster or his/her designee; if at any time, flagrant safety violations are observed, the Rangemaster or his/her designee shall assume control of the training session until its conclusion.

3. Chemical agents training shall adhere to the most current "POST Guidelines for Student Safety in Certified Courses" manual and section six (6) of the Sheriffs Training Division Safety Policy (available via the Range Office); all participants are required to follow the direction of the instructors and the safe operating procedures at all times, failure to do so Is just cause for removal from training, all observers are required to follow the safety rules established for the GAF; the red notification flag must be hoisted prior to using the GAF; at the conclusion of the training session the GAF shall be checked for damage, potential fire concerns and then secured; all damage not consistent with normal wear must be repaired and/or replaced and reported.

4. Students/participants who are issued or using an air-purifying respirator (APR) when participating in chemical agents training must have completed any agency required medical examination, shall have met CAL/OSHA requirements for fit testing and use a NIOSH approved APR; the following staff-to-student ratios shall be used inside the CAF:

Verbal/Classroom Instruction 1 :20
Application/Practical's 1 :1

EXHIBIT D
San Bernardino Sheriff's Department
Tac-House Regulations and Safety Rules

1. Approval for use of the Tac-House must be made by the Rangemaster or his/her designee; authorized firearms instructors must be present during use; the primary (lead) instructor is responsible for the safe operation and maintenance of the Tac-House; all training, presentations, demonstrations, and live training evolutions will be under the direct supervision of an instructor; the primary instructor will ensure all participants involved in training evolutions are qualified to do so; all instructors must have satisfactorily completed a "Live Fire House Operations-Instructor Development Course," as offered by either the San Bernardino County Sheriffs Department (or equivalent subject to the approval of the Sheriffs Rangemaster) or a certified "Active Shooter Instructor" course; the primary instructor will ensure all participants involved in training receive a safety briefing that includes basic firearms safety, and the safe operating procedures for the TacHouse; all loading and unloading of training weapons will be under the direct supervision of a firearms instructor; the primary Instructor will ensure the following safety equipment is on-hand prior to live training evolutions, these include, first aid trauma kit, radio or other form of communication, that fire extinguishers are present and charged, and the Tac-House interior/exterior boundaries remains clear of obstruction(s) at all times; live firearms or live ammunition is not authorized inside the Tac-House, nor to be present during live training evolutions.

2. Under most circumstances, the student to authorized instructor ratio will not exceed 3 to 1; body armor, long sleeve clothing, pants, eye and hearing protection shall be worn by everyone who enters the Tac-House; prior to live training evolutions, all rooms will be checked to ensure no personnel are present other than role players; firearm instructors will ensure targets are placed so that, when engaged, rounds will impact the proper backstop and rounds will not exit the building; authorized/approved "non-permanent marking simunition rounds" shall only be used, if your simunition rounds are not on the approved list, a test must be conducted by the Range Staff to verify that simunition rounds are appropriate for the facility; instructors shall review all targets and angles of deflections before beginning live training evolutions; if during any training a safety whistle is blown or a command that is designated as a "Cease Fire" command is made, the shooter(s) shall freeze their movement, place trigger fingers outside of trigger guards, depress the weapons muzzles, engage the safety selector and repeat "Cease Fire" and wait for further commands from the instructor; students are required to follow the direction of the instructors and the safe operating procedures at all times, failure to do so is just cause for removal from training, all observers are required to follow the safety rules established for the Tac-House at all times, failure to comply with these safety rules is just cause for removal from the Tac-House and Training Center Campus; instructors shall ensure that no shots impact any containment wall closer than 18" from its upper edge or within 18" of any role player; instructors shall monitor students to ensure that firing positions are not taken that may endanger other students or may allow fired round(s) from escaping the containment area.

3. The red range flag must be hoisted prior to use; at the conclusion of the training session the TacHouse shall be checked for damage, potential fire concerns and then secured; all damage not consistent with normal wear must be repaired, replaced and reported.

4. With the exception of training evolution vehicles, the ingress/egress of the Tac-House shall be cordoned off during all live training evolutions, with entry being approved only by the primary safety officer; no unauthorized persons shall be present in or around the Tac-House without checking in with the safety officer and having his or her consent to be present; any injuries must be immediately reported to the Range Office or Rangemaster; a pre and post operation inspection of the Tac-House facility will be made by the primary instructor to ensure the following: all weapons, munitions, body armor, and other equipment used during the training period are accounted for, that FCC's have been collected and that all other debris within the Tac-House has been removed, that no student(s) have sustained any injuries during training, that no damage has been caused by the training; account for all personnel who used the Tac-House.

5. All agencies seeking to use the Tac-House must have a current contract with the County of San Bernardino for such use, and insurance document, on file; curriculum of exercises that are to be conducted in the Tac-House must be submitted in advance to the Rangemaster for approval; specific safety policies and procedures of the San Bernardino County Sheriff's Department must be followed at all times; live or training firearms shall not be handled by persons with a blood alcohol content in excess of .00% by weight or under the influence of drugs or medication that would impair their motor skills, judgment, or balance; and no chemical agents or flammable/non-flammable incendiary devices may be used inside the Tac-House.

6. All simunition(s) used at the Tac-House must be approved by the San Bernardino County Sheriff's Department and meet Department standards
0 City Council
CC Item 8
D Successor Agency
DHousing Authority
DReclamation Authority
DJoint Powers Authority
IllW1NDALEI AGENDA REPORT ..__ ______ _.

Date: July_26, 2023
To: Honorable Mayor and Members of the City Council
From: Julian A Miranda, City Manager
Issue: Approval of Tolling Agreement with Calmat Co., d.b.a. Vulcan Materials Company regarding the protest of development impact fees for 15990 East Foothill Boulevard
City Manager's Recommendation:

It is recommended that the Irwindale City Council approve the proposed Tolling Agreement with Calmat Co., d.b.a. Vulcan Materials Company regarding the protest of development impact fees for 15990 East Foothill Boulevard.

Submitted & Prepared by:

Adrian R Guerra, City Attorney Electronically Approved
Reviewed by:

Adrian R Guerra, City Attorney Electronically Approved
Approved by:

Julian A Miranda, City Manager
Background and Analysis:

Vulcan is the former owner of approximately 91 acres of real property located at 15990 East Foothill Boulevard in Irwindale, California, commonly referred to as Reliance II ("Property''),
Vulcan sold the Property in fee to LIT Reliance II LP, a Delaware limited partnership, by and through a Purchase and Sale Agreement and Joint Escrow Instructions dated March 9, 2021.

LIT Reliance II LP submitted an application to the City for the construction of one new ± 432,557 square foot tilt-up industrial building, located on the Property ("Project''), On March 16, 2023, the City sent an Impact Fee Notice to LIT Reliance II LP, as the Project Applicant for the Project and owner of the Property, notifying it that the City was imposing Development Impact Fees on the Project in the amount of $3, 106, 191.82, pursuant to Irwindale Municipal Code § 3.50.01 O et seq. ("Project DIF").

On June 8, 2023, LIT Reliance II LP executed an Assignment of Claims and Rights ("Assignment"), assigning and transferring to Vulcan any and all of LIT Reliance II LP's rights, inclusive of its successors and assigns, to bring a challenge to the Project DIF.

On June 12, 2023, Vulcan submitted to the City a protest of the Project DIF and application for fee adjustment or waiver, pursuant to, without limitation, Irwindale Municipal Code ("IMC") section 3.50.070 and Government Code§ 66020 as incorporated and/or referenced by IMC § 3.50.050(8), and tendered the Project DIF amount to the City under protest in accordance with Government Code section 66020 ("DIF Protest").

IMC section 3.50.070(C) requires the City Council to consider the DIF Protest at a public hearing within sixty (60) days of the filing of the fee adjustment application.

Government Code section 66020 requires any party who files a DIF Protest to file an action to attack, review, set aside, or annul the imposition of the fees within 180 days after delivery of said notice.

Without waiver to either Party's rights or remedies, the Parties have drafted the proposed tolling agreement which suspends all applicable statutes of limitations and time limits arising out of the above-referenced DIF Protest. The purpose of the tolling agreement is to avail the parties of the opportunity to appropriately prepare for the DIF Protest hearing before the City Council, explore resolution, and also avoid incurring potentially unnecessary legal fees and expenses.

The agreement has been reviewed by Vulcan and its attorneys and approved for signatures. It is therefore recommended that the City Council approve the proposed tolling agreement.

FISCAL IMPACT
None.

Attachments:

Exhibit A- Tolling Agreement between City of Irwindale and Vulcan 01005.0049/908145.1

AGREEMENT TOLLING STATUTES OF LIMITATION
This Agreement Tolling Statutes of Limitations ("Agreement"), effective July 26, 2023 ("Effective Date") is entered into between CalMat Co., a Delaware corporation, d.b.a. Vulcan Materials Company (referred to herein as, "Vulcan"), and the City of Irwindale, a municipal corporation and charter city ("City"). Each party may be referred to individually as a "Party" and all parties may be collectively referred to as the "Parties" below.

RECITALS
WHEREAS, Vulcan is the former owner of approximately 91 acres ofreal property located at 15990 East Foothill Boulevard in Irwindale, California, commonly referred to as Reliance II ("Property"); and
WHEREAS, Vulcan sold the Property in fee to LIT Reliance II LP, a Delaware limited partnership, by and through a Purchase and Sale Agreement and Joint Escrow Instructions dated March 9, 2021; and
·WHEREAS, LIT Reliance II LP submitted an application to the City for the construction of one new± 432,557 square foot tilt-up industrial building, located on the Property ("Project"); and
WHEREAS, on March 16, 2023, the City sent an Impact Fee Notice to LIT Reliance II LP, as the Project Applicant for the Project and owner of the Property, notifying it that the City was imposing Development Impact Fees on the Project in the amount of $3,106,191.82, pursuant to Irwindale Municipal Code§ 3.50.010 et seq. ("Project DIF"); and WHEREAS, LIT Reliance II LP executed an Assignment of Claims and Rights ("Assignment"), assigning and transferring to Vulcan any and all of LIT Reliance II LP's rights, inclusive of its successors and assigns, to bring a challenge to the Project DIF; and WHEREAS, on June 12, 2023, Vulcan submitted to the City a protest of the Project DIF and application for fee adjustment or waiver, pursuant to, without limitation, Irwindale Municipal Code ("IMC") section 3.50.070 and Government Code§ 66020 as incorporated and/or referenced by IMC § 3.50.050(B), and tendered the Project DIF amount to the City under protest in accordance with Government Code section 66020 ("DIF Protest"); WHEREAS, IMC section 3.50.070(C) requires the City Council to consider the DIF Protest at a public hearing within sixty ( 60) days of the filing of the fee adjustment application; and WHEREAS, Government Code section 66020 requires any party who files a DIF Protest to file an action to attack, review, set aside, or annul the imposition of the fees within 180 days after delivery of said notice; and
WHEREAS, without waiver to either Party's rights or remedies, the Parties wish to suspend all applicable statutes oflimitations and time limits arising out of the above-referenced DIF Protest, 01005.0049/908136.1
29585535.1/204342.0017
to avail themselves of the opportunity to appropriately prepare for the DIF Protest hearing before the City Council, explore resolution, and also avoid incurring potentially unnecessary legal fees and expenses.

NOW, THEREFORE, in consideration of the promises and mutual covenants contained herein and intending to be legally bound, the Parties agree as follows:

AGREEMENT
I. Recitals. The above-referenced Recitals are true and correct, and are hereby incorporated by reference as though set forth herein in full.

2. Claims. "Claim" or "Claims" shall mean any and all actual, intended, or potential claims, actions, causes of action, charges, arbitrations, complaints, rights, demands, disputes, controversies, defenses, rights of setoff, and/or any other statutory, common law, or equitable theory and/or cause of action of any kind, relating to the Project DIF or DIF Protest, and which may be properly brought or enforced in a court of competent jurisdiction.

3. Tolling Period. Without waiver to either Party's rights or remedies, any and all statutes of limitations including but not limited to, those set forth in Goverrnnent Code section 66020 and the Irwindale Municipal Code section 3.50.070, or other time-related defenses or limitations, whether statutory, contractual, or otherwise and whether at law, in equity, or otherwise (including the doctrines of waiver, laches, acquiescence or estoppel, and exhaustion of administrative remedies), in any jurisdiction, which are or may be applicable to any Claim (collectively, the "Time-Based Defenses") and that may fix or limit the period within which a Claim may be brought, or any defenses asserted, are hereby tolled for the period (the "Tolling Period") beginning as of the Effective Date of this Agreement and continuing until a final decision on the DIF Protest is issued by the City Council, pursuant to IMC section 3.50.070(C) (the "Expiration Date"). The parties further agree that any and all Claims shall be brought within ninety (90) days of the Expiration Date, including the 901h day, during which time all Claims shall be timely, and thereafter, shall be barred as a matter of law by the statute of limitations.

4. Effect of Agreement. By entering into this Tolling Agreement, the Parties agree that this Agreement does not revive any Claims already barred, whether by a statute of limitations or other time-related defense, or otherwise, as of the Effective Date of this Agreement and that nothing in this Agreement shall preclude either of the Parties from raising any statute oflimitations or other time-related or other defense which may be applicable to the Claims prior to or after the Tolling Period.

5. Running of the Tolling Period. The Parties each agree not to assert, plead or raise in any fashion any Time-Based Defenses to the Claims, which Time-Based Defenses rely in whole or in part on time that passed during the Tolling Period.

4. Representation and Warranty This Agreement shall inure to the benefit of and be binding upon the Parties and all of their respective related entities, predecessors, successors, assigns, and/or assignees. Vulcan expressly represents and warrants to the City that Vulcan has been assigned any and all rights with respect to the Project DIF and LIT Reliance II has no further rights with respect to the Project DIF. Vulcan understands and acknowledges that by entering into this Agreement, the City is in good faith and materially relying on Vulcan's representation and 01005.0049/908136.1
29585535.1/204342.0017
warranty that Vulcan is the sole entity with rights to challenge the Project DIF. 6. Modification.

This Agreement can be extended and/or modified only by a writing signed by both Parties.

7. Expiration of Agreement. This Agreement will terminate at 11:59 p,m. on the Expiration Date, except to the extent the Parties may agree in writing to extend the Tolling Period pursuant to Section 5, or terminate the Agreement pursuant to Section 15.

8. Attorneys' Fees and Legal Expenses. Should any of the Parties institute any action or proceeding in court to enforce any provision hereof or for damages by reason of any alleged breach of any provision of this Agreement or for any other judicial remedy, the prevailing party shall be entitled to receive from the losing party all reasonable attorneys' fees and all court costs in connection with said proceeding.

9. Entire Agreement. This Agreement contains the Parties' entire agreement and understanding concerning the subject matter of this Agreement, and supersedes all prior negotiations, representations, and agreements concerning the subject matter hereof.

10. Governing Law. This Agreement shall be construed, and the rights and obligations of the Parties determined, in accordance with and governed by the laws of the State of California.

11. Counterparts. This Agreement may be signed in counterparts and/or by PDF/facsimile, each of which shall be an original, but which shall together constitute one and the same instrument.

12. Consultation with Legal Counsel. The Parties acknowledge that they have had a reasonable opportunity to consult independent legal counsel prior to signing this Agreement to the extent each Party has deemed it advisable.

13. Interpretation. The Parties have each agreed to the use of the particular language of the provisions of this Agreement, and any question relating to intent, meaning or effect shall not be resolved by any rule of interpretation providing for interpretation against the Party or Parties who cause any uncertainty to exist and/or who drafted the provision(s) at issue.

14. Admissibility. This Agreement shall not be admissible as evidence for any purpose in any lawsuit, trial, mediation, arbitration or other proceeding involving the Parties, or their respective representatives, other than as is necessary to enforce its terms or to establish an appropriate statute of limitations or its expiration.

15. No Admission. Nothing contained herein shall constitute an admission or acknowledgement by either Party that the Claims, or any of them, of the other Party are valid or not.

16. Settlement Privilege. Any discussions and related communications regarding this Agreement, or resolution or settlement of the Claims shall be confidential and protected under California Evidence Code section 1152 and all federal statutes and common law providing that settlement-related communications are confidential and inadmissible in court or administrative proceedings.

17. Termination. The Parties agree not to initiate a suit or other proceeding concerning the Claims prior to the last day before the effective termination date of this Agreement, provided 01005.0049/908136.1
29585535.1/204342.0017
that this Agreement can be terminated by either Party with 30 days advance written notice to the other Party through notice provided to its respective legal counsel.

18. Authoritv. The person signing below for each Party warrants and represents to the other Party that they are fully authorized to bind the Party for which they have signed on behalf of to all terms of this Agreement.

IN WITNESS THEREOF, the City and Vulcan hereby sign and agree to all terms of this Agreement on the dates indicated below.
01005.0049/908136. I
29585535.1/204342.0017
[Signatures on Following Page]
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the 26th of July, 2023.

ATTEST:

Laura Nieto, City Clerk
APPROVED AS TO FORM:

ALESHIRE & WYNDER, LLP
Adrian R. Guerra, City Attorney
APPROVED AS TO FORM:

FENNEMORE LLP
J. Jackson Waste, Counsel for Vulcan
01005.0049/908136.1
29585535.1/204342.0017
CITY:

CITY OF IR WIND ALE, a municipal corporation
Julian Miranda, City Manager
VULCAN:

By:~~~~~~~~~~~~~~
Name:

Title:
1:8J City Council
DSuccessor Agency
D Housing Authority
D Reclamation Authority
D Joint Powers Authority
Date: July 26, 2023
I
City if
IR V\TINDALE

AGENDA REPORT
CC Item 9 I
To: Honorable Mayor and Members of the City Council
From: Julian A. Miranda, City Manager
Issue: Approve the Purchase of a Reel Mower
City Manager's Recommendation:

That the City Council 1) Adopt Resolution No. 2023-63-3441 entitled: "A RESOLUTION

OF THE CITY COUNCIL OF THE CITY OF IRWINDALE WAIVING THE FORMAL

BIDDING PROCEDURES PURSUANT TO IRWINDALE MUNICIPAL CODE SECTION

3.44.080 (E), AUTHORIZING THE ISSUANCE OF A PURCHASE ORDER AND

AUTHORIZING THE CITY MANAGER TO ENTER INTO A PURCHASE AGREEMENT

FOR THE PURCHASE OF A REEL MOWER FOR THE PUBLIC SERVICES MAINTENANCE DIVISION"
Administrative Action:

Submitted & Prepared by:

Elizabeth Rodriguez, Public Services Director
Reviewed by:

Adrian R. Guerra, City Attorney Electronically Approved Kambiz Borhani, Finance Director I City Treasurer Electronically Approved Approved by:

Julian A. Miranda, City Manager
Background and Analysis:

The approved Irwindale Park Improvement Project plans for all phases requires the planting of Bermuda Hybrid Grass. Once phases IV and V of the Irwindale Park Improvement Project are completed next year, all the grass in Irwindale Park will be

Bermuda grass including the Alfred F. Herrera Memorial Softball Field, which is not a part of this project; however, it currently has Bermuda Grass.

City Staff choose to go with this type of grass for a variety of reasons. Bermuda Grass has an exceptional tolerance for growing in high heat areas, is considered drought tolerant, and has a capacity to withstand heavy use and recuperate very quickly. The thickness of the grass makes it difficult for weeds to find space to grow but when weeds get through they are easy to identify.

Bermuda Grass does still require proper care and maintenance, including mowing regularly to maintain an ideal height of one-half to two-and-a-half inches, fertilization, annual aeration, and regular weed control. Using the wrong mower can cause damage to the grass. In order to ensure the grass is cut to meet these standards, a Reel Mower is recommended. A Reel Mower provides a clean and precise cut that helps Bermuda Grass maintain the ideal short cut. The suggested Toro Reelmaster 3100-D allows for a quality cut and is the only reel mower with Sidewinder technology that slides the cutting units side by side to reach turf that other mowers can't. Therefore, staff is requesting to purchase a Toro Reelmaster 3100-D.

Irwindale Municipal Code Section 3.44.080 (E) states that the city council can dispense with bidding when cooperative purchasing provides an advantage of large-scale buying may be obtained. Due to the purchasing power of a large entity, such as Sourcewell, local governments realize substantial discounts on purchases that apply to these contracts. The selection of The Toro Company and its Toro suppliers was made based on the quotes provided to staff and the award of contract #031121-TTC from Sourcewell on April 29, 2021 , with an expiration date of April 30, 2025. For these reasons, waiving the formal bidding process is in the best interest of the city.

Upon approval by the City Council, a standard purchase agreement and purchase order will be prepared by the City's Purchasing Office and signed by the City Manager in order to complete the purchase of this mower. Once the mower is ordered , it will take 12 months to receive due to manufacturing delays and part demands.

Fiscal Impact:

The total cost for the mower, setup and delivery is $53,358.50. Sufficient funding 1s available in Public Services Park Maintenance budget.

Attachments:
(1 ) Turf Start Western Quote, a supplier representative of The Toro Company (2) Resolution No. 2023-63-3441

RESOLUTION NO. 2023-63-3441

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE WAIVING

THE FORMAL BIDDING PROCEDURES PURSUANT TO IRWINDALE MUNICIPAL CODE SECTION 3.44.080 (E), AUTHORIZING THE ISSUANCE OF A PURCHASE

ORDER AND AUTHORIZING THE CITY MANAGER TO ENTER INTO A PURCHASE

AGREEMENT FOR THE PURCHASE OF A REEL MOWER FOR THE PUBLIC

SERVICES MAINTENANCE DIVISION
WHEREAS, Bermuda Hybrid grass will be the main grass planted throughout Irwindale Park with the completion of the Irwindale Park Improvement Project Phases IV & V in 2024; and
WHEREAS, Bermuda Hybrid grass was chosen as it has an exceptional tolerance for growing in high heat areas, is considered drought tolerant, and has a capacity to withstand heavy use and recuperate very quickly; and
WHEREAS, Bermuda Hybrid grass requires proper care, maintenance, and an ideal height of one-half to two-and-a-half inches, fertilization, annual aeration, and regular weed control; and
WHEREAS, using the wrong mower can cause damage; therefore, it is recommended to use a Reel Mower; and
WHEREAS, Irwindale Municipal Code Section 3.44.080 (E) states that the city council may dispense with bidding when, "through cooperative purchasing with the state, the county, and other public agencies, the advantages of large-scale buying may be obtained; and
WHEREAS, staff proposes to purchase a Toro Reelmaster 3100-D Reel Mower by a cooperative purchase through Sourcewell, a service cooperative created by the Minnesota legislature as a local unit of government (Minn. Const. art. XII, sec. 3); and WHEREAS, education and government entities, as well as nonpublic schools and nonprofit organizations, may participate with Sourcewell as a participating agency for cooperative purchases; and
WHEREAS, the selection of Turf Star Western was made based on its selection as a certified dealer of The Toro Company and its award of contract #031121-TTC from Sourcewell on April 29, 2021 and quote obtained by staff; and WHEREAS, the City Council now desires to dispense with formal . bidding procedures pursuant to IMC section 3.44.0BO(E), authorize the issuance of a purchase order to, and execution of a purchase agreement with, Turf Star Western for the purchase of the Toro Reelmaster 3100-D Reel Mower.
01005.0006/828792.1

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF IRWINDALE HEREBY RESOLVES, DETERMINES, AND ORDERS AS FOLLOWS:

SECTION 1. The City Council hereby finds the above Recitals true and correct and incorporates them herein by this reference.

SECTION 2. The City Council of the City of Irwindale hereby finds that a cooperative purchase through Sourcewell, a service cooperative created by the Minnesota legislature as a local unit of government (Minn. Const. art. XII, sec. 3), is authorized pursuant to Irwindale Municipal Code Section 3.44.080 (E) due to the advantage of large-scale buying, including substantial discounts on the purchase price that may be obtained.

SECTION 3. The City Council of the City of Irwindale hereby waives the formal bidding process for the purchase one (1) Toro Reel master 3100-D Reel Mower pursuant to Irwindale Municipal Code Section 3.44.080 (E), and authorizes the issuance of a purchase order for the same.

SECTION 4. The City Council of the City of Irwindale hereby authorizes the City Manager to enter into a purchase agreement with Turf Star Western, in the amount of $53,358.50, for the purchase of a Toro Reel master 3100-D Reel Mower. City staff are hereby authorized to take all reasonable steps necessary to carry out the intent of this Resolution.

SECTION 5. If any section, subsection, sentence, clause, phrase, or portion of this Resolution, or the application thereof to any person or circumstances, is, for any reason, held invalid or unconstitutional by any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the application of any other section, subsection, sentence, clause, phrase, or portion of this Resolution, and to this end the invalid or unconstitutional section, subsection, sentence, clause, phrase of this Resolution are declared to be severable. The City Council hereby declares that it would have adopted this Resolution and each section, subsection, sentence, clause, phrase, part or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, parts or portions thereof be declared invalid or unconstitutional.

SECTION 6. The Chief Deputy City Clerk shall attest to the adoption of this resolution which shall, in turn, have immediate effect.

PASSED, APPROVED and ADOPTED this 25TH day of July 2023.

H. Manuel Ortiz, Mayor
01005.0006/828792.1
ATTEST:

Laura M. Nieto, MMC
Chief Deputy City Clerk
STATE OF CALIFORNIA }
COUNTY OF LOS ANGELES } ss.

CITY OF IRWINDALE }
I, Laura M. Nieto, Chief Deputy City Clerk of the City of Irwindale, do hereby certify that the foregoing Resolution No. 2023-63-3441 duly adopted by the City Council of the City of Irwindale, at a regular meeting held on the 25th day of July 2023, by the following vote:

A YES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:
01005.0006/828792.1
Laura M. Nieto, MMC
Chief Deputy City Clerk
Date: July 5, 2023
Quotation for City of Irwindale
Quote No:3321478-00
Prepared For: Pedro Rodriguez Quote No: 3321478-00
City of Irwindale
5050 N Irwindale Ave
Irwindale, CA 91706-2133
iQuote No: 135803
Sales Person: Rick Danielson
[email protected]
(714) 475-8967
Sourcewe/I Toro Contract #031121-TTC 22% discount applied to this quote. City of Irwindale Sourcewell ID: 28712.

MSRP for the Toro Ree/master quoted is $59,663. 71 not including sales tax and setup/delivery Summary
Configuration Name Qty Unit Price Sub Total Sales Tax Total 010-Reelmaster 3100-D 1 $46,537.69 $46,537.69 $4,770.13 $51,307.82 020-Setup 1 $930.00 $930.00 $95.34 $1,025.34
030-Delivery 1 $930.00 $930.00 $95.34 $1,025.34
Totals: $48,397.69 $4,960.81 $53,358.50
ll Page
Model
03170
108-6715
30629
03190
03172
30358
03244
119-0635
03185
Quotation for City of Irwindale
Configuration Product Details
010-Reelmaster 3100-D
Product Description Qty Unit Price Extended
Reel master 3100-D 1 $27,710.28 $27,710.28
GAUGE BAR ASM 1 $98.58 $98.58
Premium Seat-GM3500 RM3100 1 $765.18 $765.18
RM3100 27in 11Bld ES {RR) DPA CU 3 $4,644.12 $13,932.36 27" Lift Arm Kit-RM3100 1 $1,265.94 $1,265.94
Bimini Canvas Sunshade 1 $265.98 $265.98
RM3100 End Weight Kit {Set of 3) 1 $275.34 $275.34
DPA ROLLER TIPPER KIT {R M3100) 1 $70.45 $70.45
27in DPA Basket Kit RM3100 1 $2,153.58 $2,153.58
Totals:

Date: July 5, 2023
Quote No:3321478-00
Sales Tax Total
$2,840.31 $30,550.59
$10.11 $108.69
$78.44 $843.62
$1,428.07 $15,360.43
$129.75 $1,395.69
$27.25 $293.23
$28.23 $303.57
$7.23 $77.68
$220.74 $2,374.32
$51,307.82
21Page
Model Product Des cription
FSDl Set up
Quotation for City of Irwindale
Configuration Product Details
020-Setup
Date: July 5, 2023
Quote No:3321478-00
Qty Unit Price Extended Sales Tax Total
1 $930.00 $930.00 $95.34 $1,025.34
Totals: $1,025.34
3 I Page
Model Product Description
FSD2 Delivery
Quotation for City of Irwindale
Configuration Product Details
030-Delivery
Date: July 5, 2023
Quote No:3321478-00
Qty Unit Price Extended Sales Tax Total
1 $930.00 $930.00 $95.34 $1,025.34
Totals: $1,025.34
41 Page
'{lJRFSTAJl WfSTlllW
Date: July 5, 2023
Quotation for City of Irwindale
Quote No:3321478-00
Standard Terms and Conditions
Prices including all finance options are subject to change based on Turf Star Westem's receipt of product and estimated shipments. Cunently, product availability is a minimum of 6-18 months. Your Final Price will be determined at time of shipment. Delivery is FOB point of origin unless otherwise stated.

Office Locations
Northern California:
3928 N.Blattela Lane
Fresno, CA 93727
Fax: (559) 277-7123
24 3 8 Radley Court
Hayward, CA 94545
Fax: (510) 785-3576
11373 Sunrise Gold Circle
Rancho Cordova, CA 95742
Fax: (800) 241-1997
Southern California:
79-253 Country Club Drive
Bermuda Dunes, CA 92203
Fax: (760) 345-4297
955 Beacon Street
Brea, CA 92821
Fax: (800) 775-8873
2110 La Mirada Ste 100
Vista, CA 92083
Fax: (760) 734-4285
&WARNING:

Pacific Northwest:
1750 Industrial Dr.NE
Salem, OR 97301
Ph: (503) 691-0250
5869 South l 94th
Kent, WA 98032
Fax: (253) 872-6942
2824 East Garland
Spokane, WA 99207
Fax: (509) 483-7563
Cancer and Reproductive Harm-http://www.P65Warnings.ca.gov For more information, please visit http://www.ttcoCAProp65.com

CALIFORNIA SPARK ARRESTER WARNING
Operation of this equipment in the State of California may create sparks that can strut fires ai·ound illy vegetation. A spark arrestor may be required.

The operator should contact local fire agencies for laws or regulations relating to fire prevention requirements.

SJ Pag e

• Reelmaster 3100-D Specifications·
REELMASTER 3100-D, MODEL 03170 I REELMASTER 3100-D, MODEL 03171 w/SIDEWINDER'~ NGIN Kubota' liquid-cooled diesel. 3-cylinder, 21.5 hp (16 kW) net @2500 RPM. High idle: 2,600 rpm, Low idle: 1.400 rpm(+/- 50 rpm). 68.5 cu. in. (11 23 cm) E E displacement. Pressurized lubrication system with 3.5 U.S. qt. (3.3 liter) capacity. Heavy-duty, radial seal air cleaner. Fuel/water separator with visible bowl.

CONFIGURATION Rear mounted engine, front operator position. Rear mounted radiator. Two post RO PS and seat belt standard. 1-- ~~~~~~ ~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~ ---1 FUEL CAPACITY 7.5 gallons (2B titers). Biodiesel-Ready for use up to 8-20 (20% biodiesel and 80% petroleum blend). r-~~~~~~~~~~~~~~~ ~~ ~~~ ~~~~~~~ ~~~~ ---1 TRACTION DRIVE Series/Parallel hydraulic traction circuit provides continuous 3-wheel drive, in mow and transport. Hydrostatic traction drive provides infinitely variable speed in forward and reverse. 6 gallon (23 liter) hydraulic system capacity.

GROUND SPEED Mow: 0-6 mph (0-10 km/h); Transport: 0-9 mph (0-14 km/h). Reverse: 0-4 mph. (0-6 km/h).

CONTROLS
GAUGES

ELECTRICAL &

INTERLOCKS
Fo rward and reverse traction control pedals, mow/transport lever, hand activated park brake, ignition key switch, tilt steering wheel lock, PTO switch, thro ttle, joystick control for cutting unit raise and lower (and for moving cutting units side-to-side on Sidewinder equipped models), cutting unit transport tock, reel speed and backlap control knob.

Hour meter, fuel gauge, cluster gauge with glow plug and charge indicator lights, and low engine oil pressure and high coolant temperature warning lights (high temperature safety shut off). 12-volt, 585 cold cranking amps at 0° F (-18° Cl. 40 amps with regulator/rectifier. Traction pedal, operator presence in seat, PTO engage or disengage, and cutting unit mow or transport safety interlock switches. r-~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~--1 TIRES Fro nt: 20 x 12-10, 4-ply Turf Tread. Rear: 20 x 10-10, 4-ply Turf Tread 1-- ~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~---1 FRAME Formed steel. welded steel and steel tubing. 1--~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~---1 BRAKES Hydrostatic service brake, hand-operated parking brake. 1--~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~--1 STEERING Power steering with tilt steering wheel.

OVERALL

DIMENSIONS

CUTTING UNIT

CONFIGURATION

CUTTING UNIT
OFFSET

CERTIFICATION

WARRANTY
Track Width: 55-(1 40 cm)
Wheel Base: 56" (142 cm)
Overall Length: 93-(248 cm)
Fixed position cutting units.

Overall Height:

Transport Width:
71" (180 cm) with ROPS
Approx. Weight with Cutting units:
80" (203 cm) in 72" (1 83 cm) woe
92" (234 cm) in 85" (216 cm) woe
1860 tbs. (844 kg)
Operator controlled moveable cutting units travel± 12" (30 cm) left or right from center; total of 24" (61 cm) of infinite variability. 1--~~~~~~~~~~~~~~~~~ ~~~t-~~~~~~~~~~~~~~~~~~~~--1 3" (7.6 cm) in 72· (183 cm) width of cut
10" (25 cm) in 85" (216 cm) width of cut
Maximum 15" (38 cm) in 72" ( 183 cm) width of cut.

Maximum 22" (56 cm) in 85" (216 cm) width of cut. 1--~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~--1 This product complies with the American National Standards Institute (ANSI 871-4- 201 2) and European Community specifi cations (CE Certified). EN ISO 5395.

Two-year limited warranty, refer to operators manual for details. 27" CUTTING UNITS (03188, 03189, 03190) I 32" CUTTING UNITS (03191) TYPE Three hyd raulically-driven, balanced, T (17.8 cm) diameter reels. Cutting units interchangeable to all three positions. 1-- ~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~ ~~~~~~~~~~--1 REEL BLADE OPTIONS 5, 8, and 11-blade reels available for 27" (68.6 cm) cutting unit. 8-blade reels available for 32" (81.3 cm) cutting unit. 1-- ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~--1 HOC RANGE Height of cut ranges .25" to 2" (.63 - 5.1 cm) standard in floating position, 1.5" to 2.5" (3.8 - 6.4 cm) in fixed position. 1--~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~--1 CUTTING WIOTH 72" (183 cm), or 85" (216 cm) width of cut dependent on cutting unit selection.

CLIP FREQUENCY/

BACKLAPPING

BED KNIFE-TO-REEL

ADJUSTMENT

ROLLERS
1--~~~~~~~~~~~~~ ~~~~ ~~~~ ~~~~~~ ~~~~~~ ~~ ~--1
Manually controlled va riable reel speed for adjustment of clip frequency. Standard on-board backlapping. 1--~~~~~ ~~~ ~~~~~~~~~~~~ ~~~~~~~~~~~~~~ ~~~~--1
Dual point adjustment (OPA) of bedknife to reel.
>-~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~ ~~~~~~~~~--<
Full ro ller standard on rear of cutting unit and plastic front Wiehle roller. 'Specificalions and design subjecl lo change wilhoul nolice. Prnducls depicled in lhis literalure are for demonslralion purposes only.

Acluat producls offered for sale may vary in use, design. required allachments and safely fea lures. See dislributor for details on all warranlies. 2 2018 Torn Commercial Equipmenl Guide 18·003-T Rev. 1118 The Reelmaster 3100-0 is manufaclured
in Tomah, WI ISO 9002 Cerlilied Plant.

Reelmaster~ 3100-0 Accessories·

CUTTING UNIT OPTIONS TRACTION UNIT ACCESSORIES
03188 27" {69 cm) 5-Blade DPA Culling Unil 30358 Bimini Canvas Sunshade 03189 27" {69 cm) 8-Blade DPA Culling Unil 115-4754 my Turf Wireless Hour Meter Assembly 031 90 27" {69 cm) 11-Blade DPA Culling Unil 03614 Golf Ball Guard 03203 27" {69 cm) Verliculler Culling Unit
03191 32" {81 cm) 8-Blade DPA Cu lling Unit 32" (81 CM) DPA CUTTING UNIT ACCESSORIES 03246 Rear Roller Brush Kil
27" (69 CM) DPA CUTTING UNIT ACCESSORIES 03244 End Weight Kit 03240 Universal Groomer 133-0193 5-Blade Service Reel
03241 27" {69 cm) Groomer Cartridge 114-9369 Rear Roller Scraper Kit 03242 27" (69 cm) Universal RRB Kit 114-9373-03 Wiehle Roller Scraper 03243 Rear Roller Brush Kil 114-9377 Comb/Scraper Kit
03244 End Weight Kit 115-0849 High HOC Brush
132-7125 Broomer Kit 114-9384 Full Front Roller
03185 Grass Basket Kit 114-9387-03 Full Front Roller Scraper 114-9368 Rear Roller Scraper Kit 119-0640 Shoulder Roller Asm 114-9372-03 Wiehle Roller Scraper 114-9382-03 Shoulder Roller Scraper 114-9376 Comb/Scraper Kit 119-4288 Short Rea r Roller Asm 119-0630 Shoulder Roller Asm 119-0646-03 Fixed Plate {2 per culling unit) 114-9381-03 Shoulder Roller Scraper 119-0649 Trim/HO Collar Kil {6 per roller) 114-93B3 Full Front Roller 119-0635 RM3100 Tipper Roller Ki t 114-9386-03 Full Front Roller Scraper 98-1852 Gauge Bar 119-4286 Short Rear Roller Asm
115-0838 High HOC Brush
119-0646-03 Fixed Plate {2 per culling unit)
119-0649 Trim/HD Collar Kit {6 per roller)
119-0635 RM3100 Tipper Roller Kit
98-1852 Gauge Bar
'Specificalions and design subjecl lo change wilhoul nolice. Producls depicled in lhis lileralure are for demonstration purposes only.

Aclual producls ottered for sale may vary in use. design. required allachmenls and safely fealures. See dislribulor for delails on all warranlies. 3 2018 Toro Commercial Equipmenl Guide lB-003-T Rev. 1118 114-9388
114-9389
114-9390
114-9391
120-1641
120-1642

BEDKNIFE OPTIONS
Standard {27") - Production
Standard {32") - Production
Heavy-Duty {27")
Heavy-Duly {32")
Extended Low-Cut {27")
Extended Low-Cut {32")
The Reelmasler JI 00-0 is manulaclured
in Tomah, WI ISO 9002 Cerlilied Plant
ISi City Council
DSuccessor Agency
DHousing Authority
DReclamation Authority
DJoint Powers Authority
Date: July 26, 2023
I CC Item 10
City o/ """""""" ______ __.

IRWINDALE

AGENDA REPORT
To:

From:

Honorable Mayor and Members of the City Council
Julian A. Miranda, City Manager
Issue: Award of Contract for Construction of the Traffic Signal Modifications Project at Arrow Highway and Vincent Avenue; P-980
City Manager's Recommendation:

That the City Council (1) adopt Resolution No. 2023-62-3440; (2) authorize the City Manager to enter into an agreement with MSL Electric Inc, in the amount of $90,000.00 for the Traffic Signal Modifications Project at Arrow Highway and Vincent Avenue, subject to City Attorney approval as to form; and (3) approve a 20% project contingency in the amount of $18,000.00 to cover any unforeseeable conditions that may arise during construction.

Administrative Action:

Submitted by:

Eddie Chan,
Director of Engineering I Building Official
Prepared by:

Luis Pimentel, Associate Engineer
(626) 430-2259
Reviewed by:

Adrian R. Guerra, City Attorney
Kambiz Borhani, Finance Director I City Treasurer
Approved by:

Julian A. Miranda, City Manager
Electronically Approved
Electronically Approved

Background and Analysis:

The project for Traffic Signal Modifications at Arrow Highway and Vincent Avenue ("Project") is identified in the City's Capital Improvement Program. It includes installation of new left turn phasing for east/west/north/southbound directions, removal and replacement of outdated signal poles and equipment, and providing ADA accessibility and compliance.

On April 12, 2023, City Council approved the plans for an Interim Design for Traffic Signal Modifications at Arrow Highway and Vincent Avenue and authorized staff to solicit bids for construction of this project.

The intersection of Arrow Highway and Vincent Avenue is a shared jurisdiction between and among the City of Irwindale (50%), the City of Azusa (25%), and the County of Los Angeles (25%). Azusa and Los Angeles County have agreed to fund their respective portions of this interim Project provided Irwindale will perform the contract administration, construction, construction inspection and engineering, materials testing and construction surveying for the entire Project
Staff received a proposal from our Traffic Signal Maintenance contractor, the City of Santa Fe Springs Traffic Signal Maintenance Division, for implementation of this Project. Based on the proposal received in the amount of $177,000, staff recommended to move forward with construction utilizing the City's extraordinary traffic signal maintenance contract with Santa Fe Springs to implement this Project. However, Santa Fe Springs was not able to execute the contract with their subcontractor, MSL Electric Inc., on behalf of the City of Irwindale due to their city policy guidelines. Therefore, Irwindale would need to enter into a separate contract agreement with MSL Electric for their scope of work.

There have been several accidents at the intersection of Arrow Highway and Vincent Avenue resulting in the City of Irwindale, the City of Azusa, and Los Angeles County to immediately implement interim traffic signal modifications to protect the public's health.

The traffic signal modifications will result in safe turning movements at this intersection.

Therefore, it is a matter of urgency that the Irwindale City Council waive the formal bidding requirements so that the interim traffic measures may be implemented.

Section 3.44.0BO(H) of the Irwindale Municipal Code provides for the waiving of the formal bid procedure "when the city council determines by resolution it would be in the best interest of the city to dispense with bidding; provided, however, that the city council shall state the basis of its determination". It is imperative to implement the interim traffic signal modifications as soon as possible in order to protect public health, safety and welfare to allow safe turning movements at the intersection of Arrow Hwy and Vincent Ave.

Therefore, staff recommends awarding a construction contract with MSL Electric, Inc for the underground and miscellaneous electrical work in the amount of $90,000 for the Project

This Project is categorically exempt from CEQA as it consists of replacement or reconstruction of existing facilities, pursuant to Section 15302(c) of CCR, Title 14, Division 6, Chapter 3 "Guidelines for Implementation of the California Environmental Quality Act''.

Fiscal Impact:

The City's share of this Project is currently estimated to be $88,500. Funds in the amount of $59,421.90 will be allocated from Athens Services' Development Agreement contribution for the Athens Maintenance Yard on Vincent Ave and a budget amendment in the amount of $29,078.10 will be appropriated from the General Fund Reserve.

Attachment(s):
• Contract Agreement for Construction
• Resolution No. 2023-62-3440
• MSL Proposal
Page3
RESOLUTION NO. 2023-62-3440

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE AMENDING FY 23-24 ADOPTED BUDGET BY APPROPRIATING $29,078.10 FROM THE

GENERAL FUND RESERVE, WAIVING FORMAL BIDDING PROCEDURES, AND

AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH MSL

ELECTRIC INC FOR CONSTRUCTION OF THE TRAFFIC SIGNAL MODIFICATIONS

PROJECT AT ARROW HIGHWAY AND VINCENT AVENUE
WHEREAS, the City Council approved the plans for an Interim Design for Traffic Signal Modifications at Arrow Highway and Vincent Avenue and authorized staff to solicit bids for construction of this project; and
WHEREAS, City staff requested a construction estimate from our Traffic Signal Maintenance contractor, the City of Santa Fe Springs Traffic Signal Maintenance Division, for implementation of the interim traffic signal modifications; and WHEREAS, based on the construction estimate of $177,000, staff recommended to move forward with construction utilizing the City's extraordinary traffic signal maintenance contract with Santa Fe Springs to implement the interim design; and WHEREAS, the City of Santa Fe Springs was not able to execute the contract with their subcontractor, MSL Electric Inc., on behalf of the City of Irwindale due to their policy guidelines, thus requiring Irwindale enter into a contract agreement with MSL Electric for their scope of the work ; and
WHEREAS, several accidents have occurred at the intersection of Arrow Highway and Vincent Avenue, prompting the City of Irwindale, the City of Azusa, and Los Angeles County to immediately implement interim traffic signal modifications to protect the public's health, safety and welfare by implementing safe turning movements at the intersection of Arrow Hwy and Vincent Ave; and
WHEREAS, it is a matter of urgency that the Irwindale City Council waive the formal bidding requirements so that the interim traffic measures may be implemented; and
WHEREAS, Section 3.44.0SO(H) of the Irwindale Municipal Code provides for the waiving of the formal bid procedure "when the city council determines by resolution it would be in the best interest of the city to dispense with bidding; provided, however, that the city council shall state the basis of its determination"; and WHEREAS, staff recommends waiving formal bidding procedures and awarding the construction contract to MSL Electric, Inc for the interim traffic signal modification work in the amount of $90,000; and
WHEREAS, this Project is categorically exempt from CEQA as it consists of replacement or reconstruction of existing facilities, pursuant to Section 15302(c) of CCR, Title 14, Division 6, Chapter 3 "Guidelines for Implementation of the California Environmental Quality Act".

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

SECTION 1. That the City Council of the City of Irwindale waive the formal bidding procedures for the Traffic Signal Modifications Project at Arrow Highway and Vincent Avenue pursuant to IMC Section 3.44.080 Subsection H.

SECTION 2. That the City Council does hereby approve the budget amendment and the appropriation of $29,078.1 O from the General Fund Reserves into Capital Improvements Program Project 8306.

SECTION 3. That the City Council of the City of Irwindale awards the contract for the Traffic Signal Modifications Project at Arrow Highway and Vincent Avenue to MSL Electric Inc.

PASSED, APPROVED and ADOPTED this 25th day of July 2023.

ATTEST:

Laura M. Nieto, MMC
Chief Deputy City Clerk
STATE OF CALIFORNIA }
COUNTY OF LOS ANGELES } ss.

CITY OF IRWINDALE }
H. Manuel Ortiz, Mayor
I, Laura M. Nieto, Chief Deputy City Clerk of the City of Irwindale, do hereby certify that the foregoing Resolution No. 2023-62-3440 as duly adopted by the City Council of the City of Irwindale, at a regular meeting held on the 26th day of July 2023, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

Laura M. Nieto, MMC
Chief Deputy City Clerk
Project Name/No.: Traffic Signal Modification Project Arrow Hwy and Vincent Ave;P-980 Approved:

PUBLIC WORKS CONSTRUCTION CONTRACT AGREEMENT

BETWEEN THE CITY OF IRWINDALE AND
MSL ELECTRIC INC.

THIS PUBLIC WORKS AGREEMENT ("Agreement") is made and entered into this 26tl1 day of July, 2023, by and between the City of Irwindale, a California charter city ("City") and MSL Electric Inc., 2918 E. La Jolla St, Anaheim, CA 928065 ("Contractor"). City and Contractor may be referred to, sometimes individually or collectively, as "Party" or "Parties."

RECITALS
A. The City desires to retain Contractor, on an independent contractor basis, to perform services for public works, as more particularly described below.

B. Contractor represents that it is fully qualified to perform such services by virtue of its experience and the training, education and expertise of its principals and employees.

C. Pursuant to the City oflrwindale Municipal Code and California state law, City has authority to enter into and execute this Agreement.

D. The Parties desire to formalize the selection of Contractor for performance of the services and desire that the terms of that performance be as particularly defined and described herein.

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:

AGREEMENT
ARTICLE 1. CONTRACTOR SERVICES

1.1 Scope of Work.

The Contractor shall perform all of the work, furnish all labor, materials, equipment, tools, utility services, and transportation, and comply with all of the specifications and requirements in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by this reference.

The Scope of Services shall include Contractor's Proposal or Bid Documents submitted for the project entitled Traffic Signal Modification Project Arrow Hwy and Vincent Ave;P-980 ("Project"). All such work shall be performed in a good and workmanlike marmer, as reasonably determined by the City, and shall be performed in compliance with all local, state, and federal laws and regulations. As used herein, "Proposal" or "Bid Documents" refers to all of the documents included in the solicitation of bids for the Project, including but not limited to, the Invitation for Bids, Instructions to Bidders, Bid or Bid Proposal, Contract Documents, Special Provisions, 01005.0006/901356. l 1
Technical Provisions, Construction Plans, Standard Plans, Drawings, Reference Specifications, all applicable permit requirements, any addenda, and any other documents inclnded, referenced, or incorporated therein. The Bid Documents are incorporated into this Agreement and made part hereof. In the event of any conflict between the terms of the Bid Documents and this Agreement, the terms of this Agreement shall govern.

1.2 Incorporation of Green Book.

The provisions of the 2021 Edition of the Standard Specifications for Public Works Construction, as updated by errata, ("Greenbook") are incorporated herein, except as explicitly modified by the Bid Documents. In the event of any conflict between the provisions of the Greenbook and this Agreement, the terms of this Agreement shall govern.

1.3 Compliance with Labor and Wage Laws.
(a) Public Work. The Parties acknowledge that the work to be performed under this Agreement is a "public work" as defined in Labor Code Section 1720 and that this Agreement is therefore subject to the requirements of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works contracts and the rnles and regulations established by the Department of Industrial Relations ("DIR") implementing such statutes. The work performed under this Agreement is subject to compliance monitoring and enforcement by the DIR. Contractor shall post job site notices, as prescribed by regulation. (b) Registration with DIR. Pursuant to Labor Code section 1771.1, Contractor and all subcontractors must be registered with, and pay an annual fee to, the DIR prior to and during the performance of any work under this Agreement. ( c) Prevailing Wages. Contractor shall pay prevailing wages to the extent required by Labor Code Section 1771. Pursuant to Labor Code Section 1773 .2, copies of the prevailing rate of per diem wages are on file at City Hall and will be made available to any interested party on request. By initiating any work under this Agreement, Contractor acknowledges receipt of a copy of the DIR determination of the prevailing rate of per diem wages, and Contractor shall post a copy of the same at each job site where work is performed under this Agreement. If this Agreement is subject to the payment of federal prevailing wages under the Davis-Bacon Act (40 U.S.C. § 3141 et seq.), then Contractor shall pay the higher of either the state for federal prevailing wage applicable to each laborer.
(d) Penaltv for Failure to Pay Prevailing Wages. Contractor shall comply with and be bound by the provisions of Labor Code Sections 177 4 and 177 5 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Contractor shall, as a penalty to the City, forfeit two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Contractor or by any subcontractor.
( e) Payroll Records. Contractor shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Contractor and each subcontractor to: keep accurate payroll records and verify such records in writing under penalty of perjury, as specified -2-
01005.0006/901356.1
in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform the City of the location of the records. (f) Apprentices. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6, and 1777.7 and California Code of Regulations Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects. Contractor shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Contractor shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within sixty (60) days after concluding work pursuant to this Agreement, Contractor and each of its subcontractors shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Agreement.
(g) Eight-Hour Work Day. Contractor acknowledges that eight (8) hours labor constitutes a legal day's work. Contractor shall comply with and be bound by Labor Code Section 1810.
(h) Penalties for Excess Hours. Contractor shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to the City, forfeit twenty-five dollars ($25) for each worker employed in the performance of this Agreement by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code section 1815, work performed by employees of Contractor in excess of eight (8) hours per day, and forty ( 40) hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than one and one-half (1 Vi) times the basic rate of pay.
(i) Workers' Compensation. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees if it has employees. In accordance with the provisions of California Labor Code Section 1861, Contractor certifies as follows:
"I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract."
G) Contractor's Responsibility for Subcontractors. For every subcontractor who will perform work under this Agreement, Contractor shall be responsible for such subcontractor's compliance with Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code, and shall make such compliance a requirement in any contract with any subcontractor for work under this Agreement. Contractor shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor's compliance, including without limitation, conducting a review of the certified payroll records of the subcontractor on a -3-
01005.0006/901356.l
periodic basis or upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Contractor shall diligently take corrective action to halt or rectify any such failure by any subcontractor.

1.4 Licenses, Permits, Fees and Assessments.

Contractor shall obtain at its sole cost and expense such licenses, permits, registrations, 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 work 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.

1.6 Discovery of Unknown Conditions.
(a) Pursuant to Public Contract Code section 7104, Contractor shall promptly, and before the following conditions are disturbed, notify the City, in writing, of any: (i) material Contractor believes may be hazardous waste as defined in Section 25117 of the Health & Safety Code required to be removed to a Class I, II, or III disposal site in accordance with existing law; (ii) subsurface or latent physical conditions at the site, materially different from those indicated by information about the site made available to bidders prior to the deadline for submitting bids on the project; or (iii) unknown physical conditions at the site of any unusual nature, different from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Agreement.
(b) City shall promptly investigate the conditions, and if it finds that the conditions do materially differ, or do involve hazardous waste, and cause a decrease or increase in Contractor's cost of, or the time required for, performance of any part of the work, shall issue a change order in accordance with this Agreement.
( c) In the event that a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in Contractor's cost of, or time required for, performance of any part of the work, Contractor shall not be excused from any scheduled completion date set, but shall proceed with all work to be performed under the Agreement. Contractor shall retain any and all rights provided either by -4-
0 l 005.0006/901356.1
contract or by law, which pertain to the resolution of disputes and protests between the contracting parties.

1.7 Unidentified Utilities.

To the extent required by Government Code section 4215, City will compensate Contractor for the cost oflocating, repairing damage not due to the failure of Contractor to exercise reasonable care, and removing or relocating utility facilities not identified by City in the Bid Documents with reasonable accuracy, and for equipment on the project necessarily idled during such work. Nothing herein shall be deemed to require City to indicate the presence of existing service laterals or appurtenances whenever the presence of such utilities on the project site can be inferred from the presence of other visible facilities, such as buildings, meters, and junction boxes, on or adjacent to the site of the construction; provided, however, nothing herein shall relieve City from identifying main or trunk lines in the plans and specifications. If Contractor, while performing the work, discovers utility facilities not identified by City in the plans or specifications, Contractor shall immediately notify City and the utility in writing. This Agreement is subject to Government Code sections 4126 through 4216.9. Contractor must notify utilities and obtain an identification number before excavation or be subject to liability for damages to subsurface installations.

1.8 Trench Excavation.

Pursuant to Labor Code section 6705, if this Agreement is for more than $25,000 and requires the excavation of any trench or trenches five feet or more in depth, Contractor shall submit, in advance of such excavation, a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches. The plan shall be reviewed and accepted by the City, or a registered civil or structural engineer employed by the City to whom authority has been delegated, prior to the excavation. If the plan varies from the shoring system standards, the plan shall be prepared by a registered civil or structural engineer. This section shall not be deemed to allow the nse of a shoring, sloping, or protective system less effective than that required by the Construction Safety Orders. This subsection shall not be construed to impose tort liability on the City or any of its employees. Full compensation for sheeting, shoring, bracing, sloping, and all other provisions required for worker protection shall be considered as included in the contract price shown in the appropriate Bid Item, and no additional compensation will be allowed therefor.

1.9 Protection and Care of Work and Materials.

The Contractor shall adopt reasonable methods, including providing and maintaining storage facilities, 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 caused by City's own negligence. Stored materials shall be reasonably accessible for inspection. Contractor shall not, without City's consent, assign, sell, mortgage, hypothecate, or remove equipment or materials which have been installed or delivered and which may be necessary for the completion of the work. -5-
01005.0006/901356. l

1.10 Warranty.

Contractor warrants all work under the Agreement (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Agreement or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the City of any defect in the work or non-conformance of the work to the Agreement, commence and prosecute with due diligence all work necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act as soon as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair, remove and replace any portions of the work (or work of other contractors) damaged by its defective work or which becomes damaged in the course of repairing or replacing defective work. For any work so corrected, Contractor's obligation hereunder to correct defective work shall be reinstated for an additional one year period, commencing with the date of acceptance of such corrected work.

Contractor shall perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Agreement. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of the Contractor. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Agreement, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming work and any work damaged by such work or the replacement or correction thereof at Contractor's sole expense.

Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand.

1.11 Additional Work and Change Orders.
(a) 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 Work or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written change order is first given by the City's Director of Public Works Engineering or City Engineer, or either of their designees, to the Contractor, incorporating therein any adjustment in (i) the Contract Sum, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Contractor ("Change Order").

All Change Orders must be signed by the Contractor and City's Director of Public Works Engineering or City Engineer, or either of their designees, prior to commencing the extra work thereunder.
-6-
01005.0006/901356.1
(b) Any increase in compensation of up to twenty percent (20%) of the Contract Sum or any increase in the time to perform of up to one hundred eighty (180) working days aud which are not detrimental to the Work or to the interest of the City, may be approved by the City's Director of Public Works Engineering or City Engineer, or either of their designees. Any greater increases, taken either separately or cumulatively, must be approved by the City Council. ( c) Any adjustment in the Contract Sum for a Chauge Order must be in accordance with the rates set forth in the Contractor's Bid. If the rates in the Contractor's Bid do not cover the type of work in the Change Order, the cost of such work shall not exceed an amount agreed upon in writing aud signed by Contractor aud City's Director of Public Works Engineering or City Engineer, or either of their designees. If the cost of the Chauge Order cannot be agreed upon, the City will pay for actual work of the Change Order completed, to the satisfaction of the City, as follows:
(i) Labor: The cost of labor shall be the actual cost for wages of workers aud subcontractors performing the work for the Chauge Order at the time such work is done. The use of labor classifications that would increase the cost of such work shall not be permitted.
(ii) Materials aud Equipment: The cost of materials aud equipment shall be at cost to Contractor or lowest current price which such materials aud equipment are reasonably available at the time the work is done, whichever is lower. (iii) If the cost of the extra work cannot be agreed upon, the Contractor must provide a daily report that includes invoices for labor, materials and equipment costs for the work under the Chauge Order. The daily report must include: list of names of workers, classifications, aud hours worked; description aud list of quantities of materials used; type of equipment, size, identification number, and hours of operation, including loading aud transportation, if applicable; description of other City authorized services aud expenditures in such detail as the City may require. Failure to submit a daily report by the close of the next working day may, at the City's sole and absolute discretion, waive the Contractor's rights for that day. ( d) It is expressly understood by Contractor that the provisions of this Section shall not apply to services specifically set forth in the Scope of Work. Contractor hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Work may be more costly or time consuming thau Contractor anticipates aud 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.
( e) No claim for au increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed.

1.12 Special Requirements.

Additional terms aud conditions of this Agreement, if auy, which are made a part hereof are set forth in the "Special Requirements," attached hereto as Exhibit B aud incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit B aud auy other provisions ofthis Agreement, the provisions of Exhibit B shall govern. -7-
01005.0006/901356. 1
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 set forth in the "Schedule of Compensation," attached hereto as Exhibit C and incorporated herein by this reference. Subject to any additions or deductions that may be made by change order or amendment, and any penalties or damages that may be assessed against Contractor, Contractor shall receive total compensation, including reimbursement of Contractor's expenses, of an amount not to exceed Ninety Thousand Dollars ($90,000.00) ("Contract Sum") for completion of the work. The Contract Sum shall constitute full compensation for furnishing all materials and for doing all the work contemplated and embraced in this Agreement; and also for all loss or damage arising out of the nature of the work, or from any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the work until its acceptance by the City, and for all risks of every description connected with the work; also for all expenses incurred by or in consequence of the suspension or discontinuance of work and for well and faithfully completing the work, and the whole thereof, in the manner and according to the plans and specifications, and the requirements of the Bid Documents and this Agreement. The Contract Sum shall be made in the form of progress payments subject to retention pursuant to Section 2.4.

2.2 Invoices.

Each month Contractor shall furnish to City an original invoice for all work performed 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.

All invoices shall include a copy of Contractor's Certified Payroll and proof that Certified Payroll has been submitted to the DIR. Contractor shall also submit a list of the prevailing wage rates (including federal prevailing wage rates, if applicable) for all employees and subcontractors providing services under this Agreement, as applicable, with Contractor's first invoice. If these rates change at any time during the term of the Agreement, Contractor shall submit a new list of rates to the City with its first invoice following the effective date of the rate change.

2.3 Payment.
(a) Payments Made by City. 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, City will cause Contractor to be paid any progress payment within thirty (30) 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 that City does not cause Contractor to be paid any progress payment within thirty (30) days of receipt of an undisputed and properly submitted invoice and provided the Project is for construction, Contractor shall be entitled to the payment of interest to the extent allowed under Public Contract Code Section 20104.50. In the event any charges or expenses are disputed by City, the original invoice -8-
01005.0006/901356. l
shall be returned by City to Contractor, not later than seven (7) days after receipt by the City, for correction and resubmission. Returned invoices shall be accompanied by a document setting forth in writing the reasons why the payment request was rejected. Review and payment by the City of any invoice provided by the Contractor shall not constitute a waiver of any rights or remedies provided herein or any applicable law.
(b) Payments Made by Contractor to Subcontractors. Contractor shall remit payments owed to subcontractors within fifteen (15) calendar days after receiving payments by City if payments are owed by Contractor to any subcontractor qualifying as a small business enterprise, and within thirty (30) calendar days if payments are owed by Contractor to any subcontractor other than a small business enterprise.

2.4 Retention.

Pursuant to Section 9203 of the Public Contract Code, City will deduct a five percent (5%) retention from all progress payments, which shall be released to Contractor no later than sixty (60) days from completion of the work in accordance with Section 7107 of the Public Contract Code.

In the event of a dispute between City and Contractor, City may withhold from the final payment an amount not to exceed one hundred fifty percent (150%) of the disputed amount.

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.

2.6 Substitution of Securities.
(a) In confonnance with the State of California Public Contract Code, Part 5, Section 22300, Contractor may substitute securities for any monies withheld by the City to ensure performance under this Agreement.
(b) At the request and expense of Contractor, Contractor has the option of establishing an escrow account with a state or federally chartered bank which shall serve as an escrow agent, for Contractor's direct deposit of securities as a substitute for retention earnings required to be withheld by the City. Upon Contractor's completion of its obligations hereunder, as evidenced by the City's acceptance of the work pursuant to Section 3.3 hereof, the escrow agent shall return the securities to Contractor. The escrow agent shall notify the City within ten (10) days after deposit of the securities. The market value of the securities at the time of the substitution shall be at least equal to the cash amount then required to be withheld as retention. Securities shall be held in the name of the City and shall designate Contractor as the beneficial owner. Alternatively, on written request of Contractor, the City shall make payments of the retention earnings directly to the escrow account.
-9-
01005.0006/901356.l
ARTICLE 3. PERFORMANCE SCHEDULE

3.1 Schedule of Performance.

Contractor shall complete the Project by December 31, 2023, after receiving a "Notice to Proceed" from the City in accordance with any schedule contained in or required to be provided by the Proposal or Bid Documents, and any revisions thereof approved by the City in writing.

Time is of the essence. If the work is not completed within said time period, liquidated damages shall apply. The term of this Agreement shall expire one (1) year following City's acceptance of the Project.

3.2 Liquidated Damages.

Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, the Contractor and its sureties shall be liable for and shall pay to the City the sum of Four Hundred and Fifty Dollars ($450.00) as liquidated damages for each working day of delay in the performance of any service required hereunder. The City may withhold any accrued liquidated damages from any monies payable on account of services performed by the Contractor. To the extent required by Govermnent Code section 4215, Contractor shall not be assessed liquidated damages for delay in completion of the work when such delay was caused by the failure of the City or owner of the utility to provide for removal or relocation of utility facilities.

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 govermuental agency, including the City, ifthe Contractor shall within ten (10) days of the commencement of such delay notify the Project Manager in writing of the causes of the delay. The Project Manager 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 Project Manager such delay is justified. The Project Manager'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 Final Acceptance.

Acceptance of the Project shall only be by action of the City Council. Neither the acceptance nor any prior inspections or failure to inspect shall constitute a waiver by City of any defects in the work. From and after acceptance, the Project shall be owned and operated by City.

As a condition to acceptance, Contractor shall certify to City in writing that all of the work has been performed in strict conformity with the Agreement and that all costs have been paid or supplied to City for security required herein, satisfactory to City, guaranteeing such performance. -10-
01005.0006/901356.1
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 on its behalf with respect to the work specified herein and make all decisions in connection therewith:

Warren Moore President
(Name) (Title)
(Name) (Title)
(Name) (Title)
The 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 ofthis Agreement, the Principals may not be replaced nor may their responsibilities be substantially reduced by Contractor without the express written approval of City. Additionally, 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 Project Manager.

The Project Manager shall be Luis Pimentel or any other person as may be designated by the City's Director of Public Works Engineering or City Engineer. It shall be the Contractor's responsibility to assure that the Project Manager 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 Project Manager. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Project Manager. The Project Manager shall have -11-
0 l 005. 0006/9013 56.l
authority, if specified in writing by the City's Director of Public Works Engineering or City Engineer, 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 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. 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. All subcontractors shall obtain, at its or Contractor's expense, such licenses, permits, registrations and approvals (including from the City) as may be required by law for the performance of any services or work under this Agreement. 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, INDEMNIFICATION AND BONDS

5.1 Insurance Coverages.

Without limiting Contractor's indemnification of City, and prior to commencement of any services under this Agreement, Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City.
(a) General liability insurance. Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $5,000,000 per occurrence, $10,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has -12-
0 l 005.0006/901356.1
not been amended. Any endorsement restricting standard ISO "insured contract" language will not be accepted.
(b) Automobile liabilitv insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $2,000,000 combined single limit for each accident. ( c) Workers' compensation insurance. Contractor shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least $1,000,000).
( d) Builder's Risk Insurance. Contractor shall maintain Builder's Risk (Course of Construction) insurance utilizing an "All Risk" (Special Perils) coverage form, with limits equal to the completed value of the project and no coinsurance penalty provisions or provisional limit provisions. The policy must include: (1) coverage for any ensuing loss from faulty workmanship, nonconforming work, omission or deficiency in design or specifications; (2) coverage against machinery accidents and operational testing; (3) coverage for removal of debris, and insuring the buildings, structures, machinery, equipment, materials, facilities, fixtures and all other properties constituting a part of the project; (4) ordinance or law coverage for contingent rebuilding, demolition, and increased costs of construction; (5) transit coverage (unless insured by the supplier or receiving contractor), with sub-limits sufficient to insure the full replacement value of any key equipment item; ( 6) ocean marine cargo coverage insuring any project materials or supplies, if applicable; (7) coverage with sub-limits sufficient to insure the full replacement value of any property or equipment stored either on or off the project site or any staging area.

If the Project does not involve new or major reconstruction, then at the option of City, an Installation Floater may be acceptable. For such projects, a Property Installation Floater shall be obtained that provides for the improvement, remodel, modification, alteration, conversion or adjustment to existing buildings, structures, processes, machinery and equipment. The Property Installation Floater shall provide property damage coverage for any building, structure, machinery or equipment damaged, impaired, broken, or destroyed during the performance of the work, including during transit, installation, and testing at the Project site.
( e) Pollution Liabilitv Insurance. Contractor shall maintain Environmental Impairment Liability insurance, written on a Contractor's Pollntion Liability form or other form acceptable to City providing coverage for liability arising out of sudden, accidental, and gradual pollution and remediation. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. All activities contemplated in this Agreement shall be specifically scheduled on the policy as "covered operations." The policy shall provide coverage for the hauling of waste from the project site to the final disposal location, including non-owned disposal sites.

Products/completed operations coverage shall extend a minimum of three (3) years after project completion. Coverage shall be included on behalf of the insured for covered claims arising out of the actions of independent contractors. If the insured is using subcontractors, the policy must include work performed "by or on behalf' of the insured. Policy shall contain no language that would invalidate or remove the insurer's duty to defend or indemnify for claims or suits expressly -13-
OJ 005.0006/901356.1
excluded from coverage. Policy shall specifically provide for a duty to defend on the part of the msurer.

If Contractor maintains broader coverage and/or higher limits than the minimums shown above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City.

5.2 General Insurance Requirements.
(a) 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. (b) Proof of Insurance. Contractor shall provide certificates of insurance and endorsements to City as evidence of the insurance coverages required herein, along with a waiver of subrogation endorsement for workers' compensation. Insurance certificates and endorsements must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the tenn of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time.
( c) Duration of Coverage. Contractor shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Contractor, its agents, representatives, employees or subcontractors. ( d) Primary/noncontributing. Coverage provided by Contractor shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of City before the City's own insurance or self-insurance shall be called upon to protect it as a named insured.
( e) City's Rights of Enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Contractor or City will withhold amounts sufficient to pay premium from Contractor payments. In the alternative, City may cancel this Agreement. (f) Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors.
-14-
01005.0006/901356.1
(g) Enforcement of Contract Provisions (non-estoppel). Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.
(h) Reguirements Not Limiting. Requirements of specific coverage features or limits contained in this section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
(i) Notice of Cancellation. Contractor agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.

G) Additional Insured Status. General and auto liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
(k) Prohibition of Undisclosed Coverage Limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. (1) Separation oflnsureds. A severability of interests provision must apply for all additional insureds ensuring that Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer's limits of liability. The policy(ies) shall not contain any cross-liability exclusions. (m) Pass Through Clause. Contractor agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by Contractor, provide the same minimum insurance coverage and endorsements required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for review. (n) Agency's Right to Revise Specifications. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Contractor ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Contractor, the City and Contractor may renegotiate Contractor's compensation.
-15-
01005.0006/901356. l
(o) Self-Insured Retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City.
(p) Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor's performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
( q) Additional Insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.

5.3 Indemnification.

Contractor shall indemnify, defend with legal counsel approved by City, and hold harmless City, its officers, officials, employees and volunteers (each, an "Indemnitee") from and against all liability, loss, damage, expense, cost (including without limitation reasonable legal counsel fees, expert fees and all other costs and fees oflitigation) of eve1y nature arising out of or in connection with Contractor's performance of work under this Agreement or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole or active negligence or willful misconduct of the City. Should conflict of interest principles preclude a single legal counsel from representing both City and Contractor, or should City otherwise find Contractor's legal counsel unacceptable, then Contractor shall reimburse the City its costs of defense, including without limitation reasonable legal counsels fees, expert fees and all other costs and fees of litigation. The Contractor shall promptly pay any final judgment rendered against the City (and its officers, officials, employees and volunteers) with respect to claims determined by a trier of fact to have been the result of the Contractor's negligent, reckless or wrongful performance. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination ofthis Agreement.

Contractor obligations under this section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee. However, without affecting the rights of City under any provision of this Agreement, Contractor shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City's active negligence accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of City.
-16-
01005.0006/901356.1

5.4 Notification of Third-Party Claims.

City shall timely notify Contractor of the receipt of any third-party claim relating to the work under this Agreement. City shall be entitled to recover from Contractor its reasonable costs incnrred in providing such notification.

5.5 Performance and Payment Bonds.

Concnrrently with execution of this Agreement, Contractor shall deliver to the City all of the following bonds ifthe Contract Sum should exceed $25,000:
(a) A performance bond securing the faithful performance of this Agreement, in an amount not less than 100% of the total compensation for this Agreement, as stated in Section

2.1. (b) A payment bond, securing the payment of all persons furnishing labor and/or materials in connection with the work under this Agreement, in an amount not less than 100% of the total compensation for this Agreement, as stated in Section 2.1.

All bonds shall be on the applicable forms provided in Exhibit "D" and Exhibit "E" attached hereto and made part hereof. The bonds shall each contain the original notarized signature of an authorized officer of the surety and affixed thereto shall be a certified and current copy of his/her power of attorney. The bonds shall be unconditional and remain in force during the entire term of the Agreement until released pursuant to Section 5. 7 hereof.

5.6 Sufficiency of Insurer or Surety.

Insurance and bonds 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's Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better. If the City determines that the work 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 and the bonds may be changed accordingly upon receipt of written notice from the City's Risk Manager.

5. 7 Release of Securities.

City shall release the perfonnance bond and payment bond when the following have occnrred:
(a) Contractor has made a written request for release and provided evidence of satisfaction of all other requirements under Aiiicle 5 of this Agreement; (b) the Project has been accepted; and
( c) after passage of the time within which lien claims are required to be made pursuant to applicable laws; if lien claims have been timely filed, City shall hold the payment bond -17-
01005.0006/901356.I
until such claims have been resolved, Contractor has provided statutory bond, or otherwise as required by applicable law.

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, certified and accurate copies of payroll records in compliance with all applicable laws, 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 Project Manager 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 Project Manager 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 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 Project Manager such reports concerning the performance of the services required by this Agreement as the Project Manager 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, Contractor shall promptly notify the Project Manager of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto.

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") 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 upon request of the Project Manager 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 assigmnent of the documents and materials hereunder. Any use, reuse or assigmnent 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, -18-
01005.00061901356.1
reuse or assignment. Contractor may retain copies of such documents for its own use. Contractor shall have an unrestricted 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. §IOI, such documents and materials are hereby deemed "works made for hire" for the City.

6.4 Confidentiality and Release of Information.
(a) 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 Project Manager.
(b) Contractor, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Project Manager 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 attorneys' 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; DEFAULT, SUSPENSION 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 Los Angeles, State of California, or any other appropriate court in such county, and Contractor covenants and agrees to submit to the personal -19-
01005.0006/901356.1
jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Eastern District of California, in the County of Los Angeles, State of California.

7.2 Default of Contractor.

Contractor's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate or suspend this Agreement immediately by written notice to Contractor. If the Project Manager determines that Contractor is in default in the performance of any of the terms or conditions of this Agreement, the Project Manager shall cause to be served upon Contractor a written notice of the default. Contractor shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that Contractor fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.

7.3 Suspension and Termination.
(a) The City may at any time, for any reason, with or without cause, suspend this Agreement, or any portion hereof, by serving upon Contractor at least ten (10) days prior written notice. Upon receipt of said notice, Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends a portion ofthis Agreement such suspension shall not make void or invalidate the remainder of this Agreement. (b) This Agreement may be tenninated by either party for cause. The City may terminate this Agreement without cause upon thirty (30) days' written notice of termination. Upon termination, Contractor shall be entitled to compensation for completion of any portion of the Project accepted by City up to the effective date of termination unless any pmtion of the Project is accepted by City after termination in which event Contractor shall be paid for such completed portion.

7.4 Dispute Resolntion Process.

Section 20104 et seq. of the California Public Contract Code prescribes a process utilizing informal conferences, non-binding judicial-supervised mediation, and judicial arbitration to resolve disputes on construction claims of $375,000 or less. Section 9204 of the Public Contract Code prescribes a process for negotiation and mediation to resolve disputes on construction claims.

The intent of this Section is to implement Sections 20104 et seq. and Section 9204 of the California Public Contract Code. This Section shall be construed to be consistent with said statutes.

For purposes of these procedures, "claim" means a separate demand by the Contractor, after the City has denied Contractor's timely and duly made request for payment for extra work and/or a time extension, for (A) a time extension, (B) payment of money or damages arising from work done by or on behalf of the Contractor pursuant to the Agreement and payment of which is -20-
01005.0006/901356.1
not otherwise expressly provided for or the Contractor is not otherwise entitled to, or (C) an amount the payment of which is disputed by the City.

The following requirements apply to all claims to which this section applies:
(a) Claim Submittal. The claim shall be in writing and include the documents necessary to substantiate the claim. Claims governed by this procedure must be filed on or before the date of final payment. Nothing in this section is intended to extend the time limit or supersede notice requirements otherwise provided in the Agreement for the filing of claims, including all requirements pertaining to compensation or payment for extra work, disputed work, and/or changed conditions. Failure to follow such contractual requirements shall bar any claims or subsequent lawsuits for compensation or payment thereon. (b) Supporting Documentation. The Contractor shall submit all claims in the following format:
(i) Summary of the claim, including references to the specific Contract Document provisions upon which the claim is based.
(ii) List of documents relating to claim: (a) Specifications, (b) Drawings, ( c) Clarifications (Requests for Information), ( d) Schedules, and ( e) Other. (iii) Chronology of events and correspondence related to the claim. (iv) Statement of grounds for the claim.
(v) Analysis of the claim's cost, if any.
(vi) Analysis of the claim's time/schedule impact, if any. ( c) City's Response. Upon receipt of a claim pursuant to this section, City shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the Contractor a written statement identifying what portion of the claim is disputed and what portion is undisputed. Any payment due on an undisputed portion of the claim will be processed and made within 60 days after the City issues its written statement. (i) If the City needs approval from the City Council to provide the Contractor a written statement identifying the disputed portion and the undisputed portion of the claim, and the City Council does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the City shall have up to three days following the next duly publicly noticed meeting of the City Council after the 45-day period, or extension, expires to provide the Contractor a written statement identifying the disputed portion and the undisputed portion. (ii) Within 30 days of receipt of a claim, the City may request in writing additional documentation supporting the claim or relating to defenses or claims the City may have against the Contractor. If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of City and the Contractor. -21-
01005.0006/901356.1
(iii) The City's written response to the claim, as further documented, shall be submitted to the Contractor within 30 days (if the claim is less than $50,000, within 15 days) after receipt of the further documentation, or within a period of time no greater than that taken by the Contractor in producing the additional information or requested documentation, whichever is greater.
(d) Meet and Confer. If the Contractor disputes the City's written response, or the City fails to respond within the time prescribed, the Contractor may so notify the City, in writing, either within 15 days of receipt of the City's response or within 15 days of the City's failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand, the City shall schedule a meet and confer conference within 30 days for settlement of the dispute. ( e) Mediation. Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the City shall provide the Contractor a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the City issues its written statement. Any disputed portion of the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with the City and the Contractor sharing the associated costs equally. The City and Contractor shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing, unless the parties agree to select a mediator at a later time. (i) If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. (ii) For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section. (iii) Unless otherwise agreed to by the City and the contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Public Contract Code Section 20104.4 to mediate after litigation has been commenced. (iv) All unresolved claims shall be considered jointly m a single mediation, unless a new unrelated claim arises after mediation is completed. (f) Citv's Responses. The City's failure to respond to a claim from the Contractor within the time periods described in this section or to otherwise meet the time requirements of this section shall result in the claim being deemed rejected in its entirety. A claim that is denied by reason of the City's failure to have responded to a claim, or its failure to otherwise meet the time requirements of this section, shall not constitute an adverse finding with regard to the merits of the claim or the responsibility of qualifications of the Contractor. City's failure to -22-
01005.0006/901356.l
respond shall not waive City's rights to any subsequent procedures for the resolution of disputed claims.
(g) Government Code Claims. If following the mediation, the claim or any portion remains in dispute, the Contractor must comply with the claim procedures set forth in Government Code Section 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, construction claims, and/or changed conditions, including any required mediation, have been followed by Contractor. If no such Government Code claim is submitted, or if the prerequisite contractual requirements are not satisfied, no action against the City may be filed. A Government Code claim must be filed no earlier than the date that Contractor completes all contractual prerequisites to filing a Government Code claim, including any required mediation.

A Government Code claim shall be inclusive of all unresolved claims unless a new unrelated claim arises after the Government Code claim is submitted. For purposes of Government Code Section 900 et seq., the runuing of the period of time within which a claim must be filed shall be tolled from the time the Contractor submits his or her written claim to the City until the time the claim is denied, including any period of time utilized by the meet and confer conference or mediation that does not result in a complete resolutions of all claims. (h) Civil Actions for Claims of $375,000 or Less. The following procedures are established for all civil actions filed to resolve claims totaling $375,000 or less:
(i) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to non-binding mediation unless waived by mutual stipulation of both parties or unless mediation was held prior to commencement of the action in accordance with Public Contract Code section 9204 and the procedures in this Section.

The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the comi or by stipulation of both parties.

If the pmiies fail to select a mediator within the 15-day period, either party may petition the court to appoint the mediator.
(ii) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1141._1 l of that code. The Civil Discovery Act (Title 4 (commencing with Section 2016.010) of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration.
(iii) Upon stipulation of the parties, arbitrators appointed for these purposes shall be experienced in construction law, and, upon stipulation of the parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of pay not to exceed their customary rate, and such fees and expenses shall be paid equally by the parties, except in the case of arbitration where the arbitrator, for good cause, determines a different division. -23-
01005.00061901356.1
(iv) In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, any party who after receiving an arbitration award requests a trial de novo but does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, pay the attorney's fees of the other party arising out of the trial de novo.

7.5 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.

7.6 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 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. 7 Unfair Business Practices Claims.

Pursuant to Public Contract Code section 7103.5, in entering into this Agreement, Contractor offers and agrees to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. § 15) or under the Cartwright Act (Chapter 2, (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services or materials related to this Agreement. This assignment shall be made and become effective at the time the City tenders final payment to the Contractor without further acknowledgment by the Parties.

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 ofthis Agreement.
-24-
01005.0006/901356. l

8.2 Conflict oflnterest.

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 Project Manager. 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.

No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which affects his financial interest or the financial interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. The Contractor wanants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining 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, 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 perfonnance of this Agreement. Contractor shall talce 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. § 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 attorneys' fees, incurred by City.

ARTICLE 9. MISCELLANEOUS PROVISIONS

9.1 Provisions Required By Law.

Each and every provision oflaw and clause required by law to be inserted in this Agreement shall be deemed to be inserted herein, and the Agreement shall be read and enforced as though it were included herein. If through mistake or otherwise any such provision is not inserted, or is not conectly inserted, then upon application of either party, the contract shall forthwith be physically amended to make such insertion or conection.
-25-
01005.0006/901356. l

9.2 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 Project Manager (with her/his name and City title), City of Irwindale, 5050 N. Irwindale Ave, Irwindale, California 91706 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.

9.3 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.

9.4 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.

9.5 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.

9.6 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.

9.7 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 -26-
01005.0006/901356. l
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 Goverrunent Code Sections 1091 or 1091.5. 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.

Consultant's Authorized Initials ---

9.8 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 pmiy 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 pmiy is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties. [SIGNATURES ON FOLLOWING PAGE]
-27-
01005.0006/901356.1
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written.

CITY:

CITY OF IRWINDALE, a California
charter city
Julian A. Miranda, City Manager
ATTEST:

Laura M. Nieto, Chief Deputy City Clerk
APPROVED AS TO FORM:

ALESHIRE & WYNDER, LLP
Adrian Guerra, City Attorney
CONTRACTOR:

MSL Electric Inc.
*By:~~~~~~~~~~~~~~
Name: Warren Moore
Title: President
Address: MSL Electric Inc.
2918 E. La Jolla St.

Anaheim, CA 92806
*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. CONTRACTOR'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 CONTRACTOR'S BUSINESS ENTITY. -28-
01005.0006/901356.1

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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.

STATE OF CALIFORNIA

COUNTY OF LOS ANGELES
On , 2023 before me, , personally appeared , proved to me on the basis of satisfactory evidence to be the person(s) whose narnes(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 PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

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

CAPACITY CLAIMED BY SIGNER
0 INDIVIDUAL
0 CORPORATE OFFICER

TITLE(S)

PARTNER(S) D
D

ATTORNEY-IN-FACT

TRUSTEE(S)

LIMITED

GENERAL
D
D
D
D
D

GUARDIAN/CONSERVATOR
OTHER ~~~~~~~~~~~~-
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
01005.0006/901356.1

DESCRIPTION OF ATTACHED DOCUMENT

TITLE OR TYPE OF DOCUMENT

NUMBER OF PAGES

DATE OF DOCUMENT

SIGNER(S) OTHER THAN NAMED ABOVE

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing tbis certificate verifies only tbe identity of tbe individual who signed the document to which tbis certificate is attached, and not the truthfulness, accuracy or validity oftbat document.

STATE OF CALIFORNIA

COUNTY OF LOS ANGELES
On , 2023 before me, . personally appeared , proved to me on the basis of satisfactory evidence to be tbe 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/ber/tbeir authorized capacity(ies ), and that by his/ber/tbeir signature(s) on the instrument tbe person(s), or tbe entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENAL TY OF PERJURY under the laws of the State of California that tbe 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 tbe document and could prevent fraudulent reattachment of this form

CAPACITY CLAIMED BY SIGNER

D INDIVIDUAL
0 CORPORATE OFFICER
D
D
D
D
D

TITLE(S)

PARTNER(S) D
D

LIMITED

GENERAL

ATTORNEY-IN-FACT

TRUSTEE(S)

GUARDIAN/CONSERVATOR

OTHER -------------
SIGNER rs REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
01005.0006/901356. l

DESCRIPTION OF ATTACHED DOCUMENT

TITLE OR TYPE OF DOCUMENT

NUMBER OF PAGES

DATE OF DOCUMENT

SIGNER(S) OTHER THAN NAMED ABOVE

EXHIBIT A

SCOPE OF SERVICES
I. Contractor will perform construction services related to the Traffic Signal Modification Project Arrow Hwy and Vincent Ave;P-980, which is identified in the City's Capital Improvement Program, including, but not limited to, the following (herein after referred to collectively as "Services"):

II. As part of the Construction Services, Contractor will deliver the following tangible work products to the City:

A. Excavation and restoration for installation of electrical conduit, foundation and connection for traffic signal poles.

III. All work product is subject to review and acceptance by the City, and must be revised by the Consultant without additional charge to the City until found satisfactory and accepted by City.
0 I 005.0006/901356.l A-1

EXHIBITB

SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
If the Parties wish to revise provisions in the Agreement above (from page 1 through the signature page), then the revisions shall be presented in this Exhibit B, with deletions shown in strike thr0t1gh and additions shown in bold and italics. 01005.0006/901356.1 A-2

EXHIBITC

SCHEDULE OF COMPENSATION
I. Contractor shall complete work for the Project in an amount not to exceed $90,000.00 as shown below and as provided in Section 2.1 of this Agreement:

Item#·
1 Traffic Signal Modification at Arrow Hwy &
Vincent Per Attached Redlined Conceptual
Interim TS Improvement Plan. Ls $90,000.00 90,000.00 ==~== Grand Total $ 90,000.00 II. The City will compensate Contractor for work performed and expenses incurred toward completion of the Project upon submission of a valid invoice. In addition to what is required under Section 2.2 of the Agreement, each invoice is to include:

A. Line items for all personnel describing the work performed.

B. Line items for all materials and equipment properly charged to the Project.

C. Line items for the price and quantity of all materials, equipment and work.

D. Line items for all other approved reimbursable expenses claimed, with supporting documentation.

E. Line items for all approved subcontractor labor, supplies, equipment, materials, and travel properly charged to the Project.
01005.0006/901356.l

EXHIBITD

PERFORMANCE BOND
PROJECT NO. ----
We, , as Principal, and , as Surety, jointly and severally, firmly bind ourselves, our heirs, representatives, successors and assigns, as set forth herein, to the City of Irwindale ("City") for payment of the penal sum of U.S. Dollars and Cents ($ . City and Principal have entered into an agreement, or are about to enter into the agreement attached hereto and incorporated by reference herein, for completion of public works for the property(ies) referenced in said agreement. Surety herein approves of the terms and conditions of said agreement and binds itself to faithfully perform the obligations of Principal therein if Principal fails to so perform. Surety acknowledges that the agreement herein referenced shall be that document as executed by City and Principal.

THE CONDITION OF THIS OBLIGATION IS SUCH that if the Principal shall in all things stand to and abide by, and well and truly keep and perform all of the covenants, conditions, and provisions in said agreement, and any alteration thereof made as therein provided, on Principal's part to be kept and performed at the time and in the manner therein specified, and shall indemnify and save harmless the City, City's engineer, and their consultants, and each of their officials, directors, officers, employees and agents, as therein stipulated, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect.

Surety agrees that should it fail to take over and diligently perform the agreement upon Principal's default after notice and within the time specified in the agreement, Surety will promptly on demand deposit with City such amount as City may reasonably estimate as the cost of completing all of Principal's obligations. Surety's obligation for payment herein shall exist, notwithstanding any controversy between Principal and City regarding Principal's failure under the agreement, and payment by Surety should be conclusively presumed between the parties herein to relieve, as demanded, Surety's obligations herein and shall be deemed proper payment as between Principal and Surety.

Surety agrees that no change, extension of time, alteration, or addition to the terms of the agreement, or the work to be performed thereunder or the plans and specifications, or any matters unknown to Surety which may affect Surety's risk shall in any wise affect its obligation on this bond, and it does thereby waive notice thereof.

Principal and Surety agree that if the City is required to engage the services of an attorney in connection with the enforcement of this bond, each shall pay City's reasonable attorneys' fees incurred, with or without suit, in addition to the above sum. 0I005.0006/901356.l
Executed this ________ day of _____ _
Seal of Corporation
By: _______________ _
Authorized Representative of Principal
Title: ------
(ATTACH ACKNOWLEDGEMENT OF AUTHORIZED REPRESENTATIVES)
Any claims under this bond may be addressed to: (check one) Surety's agent for service
of process in California:

Name
Street Number
City and State
Telephone Number
() _____ _ [name of surety company]
By:

Street Number
City and State
Telephone Number
---------------- Attorney in Fact or other
Representative
(ATTACH ACKNOWLEDGEMENT OF AUTHORIZED REPRESENTATIVE)
Furnish the name, address and phone number of the company agent as well as the surety company.

Sureties must be authorized to do business in and have an agent for service of process in California and be on the accredited list of the United States Treasury Department (their bonds will be limited to such amounts as would be acceptable to the Treasury Department), and otherwise meet the requirements of the agreement.
01005.0006/901356.J

EXHIBITE

PAYMENT BOND
PROJECT NO. ----
We, , as Principal, and , as Surety, jointly and severally, firmly bind ourselves, our heirs, representatives, successors and assigns, as set forth herein, to the City of Irwindale ("City") and those for whose benefit this bond insures in the sum of ______ _ U.S. Dollars and Cents ($ . City and Principal have entered into an agreement, or are about to enter into the agreement attached hereto and incorporated by reference herein, for completion of public works for the property(ies) referenced in said agreement Surety herein approves of the terms and conditions of said agreement and binds itself to faithfully perform the obligations of Principal therein if Principal fails to so perform. Surety acknowledges that the agreement herein referenced shall be that document as executed by City and Principal. If Principal or any of Principal's contractors or subcontractors, fails to pay any of the persons named in Section 9000 et seq. of the California Civil Code employed in the performance of the agreement for materials furnished or for labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, then Surety shall pay the same in an amount not exceeding the sum specified above, and also shall pay, in case suit is brought upon this bond, such reasonable attorneys' fees as shall be fixed by the court.

Surety agrees that it shall pay the amounts due the persons above named and diligently perform the agreement upon Principal's default after notice and within the time specified in the agreement.

If Surety fails to perform within the times specified in the agreement, Surety shall promptly on demand deposit with City such amount as City may reasonably estimate as the cost of completing all of Principal's obligations. Surety's obligation for payment herein shall extend, notwithstanding any controversy between Principal and City regarding Principal's failure under the agreement.

Principal and Surety agree that any payment by Surety pursuant to this paragraph should be conclusively presumed between the parties herein to relieve, as demanded, Surety's obligation herein and shall be deemed proper payment as between Principal and Surety.

This bond shall insure to the benefit of any and all of the persons named in Section 9000 et seq. of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this bond.

Surety agrees that no change, extension of time, alteration, or addition to the terms of the agreement, or the work to be performed thereunder, or the plans and specifications, or any matters unknown to Surety which might affect Surety's risk, shall in any way affect its obligation on this bond, and it does hereby waive notice thereof.

Principal and Surety agree that should City become a party to any action on this bond, that each will also pay City's reasonable attorneys' fees incurred therein in addition to the above sums. 01005.0006/901356.1
Executed this ______ day of _______ _
Seal of Corporation
By: ____________ _
Authorized Representative of Principal
Title: ----
(ATTACH ACKNOWLEDGEMENT OF AUTHORIZED REPRESENTATIVES)
Any claims under this bond may be addressed to: (check one) Surety's agent for service
of process in California:

Name
Street Number
City and State
Telephone Number
() ___ _ [name of surety]
Street Number
City and State
Telephone Number
By: ____________ _
Attorney in Fact or other
Representative
(ATTACH ACKNOWLEDGEMENT OF AUTHORIZED REPRESENTATIVE)
Furnish the name, address and phone number of the company agent as well as the surety company.

Sureties must be authorized to do business in and have an agent for service of process in California and be on the accredited list of the United States Treasury Department (their bonds will be limited to such amounts as would be acceptable to the Treasury Department), and otherwise meet the requirements of the agreement.
01005.0006/901356.1
Item#
1 ~I ~~f·~····
~§Jj El.ECTBIC,. INC.

Lie# 822450, C10

PROJECT QUOTATION
J
I
Project Description: Traffic Signal Modification ~~~~~~~~~~~~~ Arrow Hwy & Vincent Ave
Owner/Contact: City of Santa Fe Springs
Bid Date: April 25, 2023
Description of Work Quantity Unit Unit Price
Traffic Signal Modification at Arrow Hwy &
Vincent Per Attached Redlined Conceptual
Interim TS hnprovement Plan. Ls $90,000.00
Grand Total
Extension
90,000.00
$ 90,000.00
NOTE: Work to be performed during nmmal business hours (Monday-Friday 7am-4pm). Traffic gear to be provided by others.

EXCLUSIONS: Bond, smvey, permits and fees, inspection fees, engineering fees, utility fees, signing, striping, traffic control plan, stamped concrete, rock blanket, street name signs, switch packs, intersection re-wiring, ped isolation module, ILD sensor, rock and/or hardpan demolition and removal.

Prepared by: Bryan Ballachey
2918 E. La Jolla St. Anaheim, CA 92806 - Tel (714) 693-4837, Fax (714)693-4838 DIR Registration # l 000000550
12JCity Council
DSuccessor Agency
DHousing Authority
DReclamation Authority
DJoint Powers Authority
I ~c Item 11 IllWINDAL .... t _____ ___,

AGENDA REPORT
Date: July 26, 2023
To:

From:

Honorable Mayor and Members of the City Council
Julian A. Miranda, City Manager
Issue: Review of Draft Ordinances for the Proposed Regulation of Unmanned Aircraft Systems and Drones
City Manager's Recommendation:

It is recommended that the Irwindale City Council review and comment on proposed ordinances and provide further direction to staff regarding the proposed ordinances.

Administrative Action:

Submitted & Prepared by:

Adrian R. Guerra, City Attorney Electronically Approved Reviewed by:

Adrian R. Guerra, City Attorney Electronically Approved Approved by:

Julian A. Miranda, City Manager
Background and Analysis:

Previously, the City Council requested that the City Attorney provide guidance and information as to the City's authority to regulate unmanned aircraft systems ("UAS"), better known as "drones," within City boundaries. This information was presented by the City Attorney's Office at the February 8, 2023 Council meeting. At the February ath meeting, the City Council directed that staff and the City Attorney draft a proposed ordinance regulating drones within the City's limited authority.

At the March 9, 2023 Council meeting, staff and the City Attorney presented additional information regarding drone regulations adopted by other California cities and municipal agencies. This information was intended to further inform and guide the City Council in discerning what drone regulations, if any, would be appropriate for the City. The City Council directed staff and the City Attorney to draft a proposed ordinance regulating drones that modeled regulations in the cities of Calabasas, Chula Vista, Lake Forest, Oxnard, Yorba Linda and Barstow, considering allowing commercial uses. The Council also directed that the proposed ordinance shall adopt existing state and federal drone regulations. These presentations, and the City Attorney's recommendations, are attached as Exhibit "A."

ANALYSIS
The proposed ordinance would add a chapter entitled "Drones and Unmanned Aircraft Systems" to the Irwindale Municipal Code. This chapter would define "unmanned aircraft system (UAS)" and regulate their operations within the City.

This ordinance would apply to drones used recreationally and for business uses, and those used with and without the ability to capture video and images. Common uses for drones beyond recreational flight include professional videography and photography, filming construction on a property, traffic and weather monitoring, and delivery services.

Specifically, the ordinance would forbid persons from operating UAS under the following circumstances:
• Outside of the person's visual line of sight.
• Within 25 feet of another individual, except the operator or the operator's designee.
• For Commercial Purposes in the City unless the operator has first obtained a City business license.
• On private property without the consent of the property owner. • To capture or record images or video, or engage in the activity of filming, video taping, or producing images or video without a City film permit. • To record or transmit any visual image or audio recording of any person or private real property when the person or owner has a reasonable expectation of privacy.
• To peek into a door or window of any inhabited building or structure without visible or lawful business with the owner or occupant.
• At any special event or temporary use without the approval of a temporary use permit by the City.
• Within any City park or recreation area except when authorized by City . • That has any type of weapon attached to it.
• In violation of any any orders or directives issued by the FAA. 01005.0001/901083.3
• In a careless or reckless manner so as to create a substantial risk of serious injury to any person or substantial risk of damage to the property of another. • More than 400 feet above the earth's surface, unless within 400-foot radius of a structure and not more than 400 feet above the structure's uppermost limit. • Within 500 feet of any active law enforcement or emergency response event, emergency vehicle operating with lights and/or sirens, and/or any law enforcement facilities.
• Within 200 feet of a school facility without prior authorization of school officials. • Within 100 feet of any public building or facility without a City permit. • On any property in the City official sunrise for local time and 10:00 P.M.

Some of these regulations are enumerated in the ordinance, while others reflect state and federal regulations that will be adopted by reference under the ordinance.

Any person who initially violates any provision of this chapter would be subject to a verbal or written warning by a peace officer. Subsequent violations of the Chapter would be a misdemeanor and/or a nuisance that may be abated, as applicable under the Irwindale Municipal Code. Additionally, staff is proposing that the Ordinance take effect 60 days after its adoption, in order to provide the City with opportunity to educate the public with respect to the new drone regulations prior to implementation.

Drones operated by any law enforcement agency for lawful purposes or by the City or city-contracted agent/agency engaging in City business would not be subject to this proposed ordinance.

Further, Staff requests that the City Council discuss and provide direction on whether any regulations should be imposed on other manners in which drones are used, such as private businesses filming construction, using a drone without capturing any recording or photos, strictly recreational purposes, etc.

It is therefore recommended that the City Council review the proposed draft Ordinance and provide further direction to Staff and the City Attorney's Office. Staff is providing the City Council with two versions of the ordinance - one which bans all drone flight within the City's residential zone, and one bans drone flight within 50 feet of a public right-ofway. Staff asks that the City Council consider both options and provide further direction.

Once the Ordinance incorporates all changes and any further direction of the Council, the Ordinance will be presented to the City Council for formal introduction and first reading.

FISCAL IMPACT
None.
01005.0001/901083.3
Attachments:

Exhibit A- Previous presentations by City Attorney's office on Drones Proposed Chapter 9.XX "DRONES AND UNMANNED AIRCRAFT SYSTEMS" Version 1 and Version 2
01005.0001/901083 .3

EXHIBIT A
181City Council
OSuccessor Agency
DHousing Authority
DReclamation Authority
DJoint Powers Authority
Date: February 8, 2023
Cltyef

IRWINDALE

AGENDA REPORT
CC Item 2E
To:

From:

Honorable Mayor and Members of the City Council
Julian A. Miranda, City Manager
Issue: Regulation of Unmanned Aircraft Systems (UAS)/Drones City Manager's Recommendation:

Discuss and provide direction regarding regulation of Unmanned Aircraft Systems (UAS)/Drones
Administrative Action:

Prepared and Submitted by:

Adrian Guerra, City Attorney Electronically Approved
Reviewed by:

Theresa Olivares, Assistant City Manager
Robert Castro, Chief of Police Electronically Approved
Approved by:

Julian A. Miranda, City Manager Electronically Approved DISCUSSION:

Previously, the City Council requested that the City Attorney provide guidance and information as to the City's authority to regulate unmanned aircraft systems ("UAS"), better known as "drones," within City boundaries.

Federal Regulation
The Federal Aviation Administration ("FM") is authorized by federal law to regulate the use of "navigable airspace" to ensure the safety of aircraft and the efficient use of airspace. (49 U.S.C. § 40103(b)(1).) In plain language, the FM has stated that it is "responsible for air safety from the ground up." This authorization includes the ability to regulate drones.

The FAA takes the position that federal drone law preempts all local regulation of drones while in the air. The current extent of federal preemption of local regulation of drone operations is very unclear. Although no court has definitively decided the issue, most local regulation of drones while in the air is likely preempted.

State Regulation
Because the FM asserts that it preempts all local regulations, lawmakers are currently grappling over the best way to balance federal and local control over drones. The State of California has regulated drones in areas concerning trespass, privacy, and interference with emergency vehicles/response.

Civil Code section 1708.8 makes it an invasion of privacy to knowingly enter the land or airspace above the land of another person without permission in order to capture any type of visual image, sound recording, or other physical impression of a person engaging in a private, personal, or familial activity, if the invasion occurs in a manner that is offensive to a reasonable person, including through the use of a drone.

The Peeping Tom law, Penal Code section 647(j)(1), makes it a misdemeanor to view someone with a camera, video recorder, or other instrumentality in the interior of any area (including a bedroom or bathroom) in which the person has a reasonable expectation of privacy, with the intent to invade the privacy of the person. This law explicitly extends to the use of an "unmanned aircraft system." Residents generally have a reasonable expectation of privacy while in their backyard, so long as the backyard is not visible from ground level {e.g., because of fences) or from neighboring homes or other vantages.

However, whether a specific resident has a reasonable expectation of privacy is based on the specific facts of the case.

Penal Code section 402 makes it a misdemeanor for a person to impede emergency personnel or military personnel in the performance of their duties in coping with an emergency, unless it is part of that person's employment duties to view the scene or the activities. This law includes in the definition of "person" any person who is operating a drone, regardless of their location.

Civil Code section 43.101 makes emergency responders, public entities, and public employees immune from liability for damage to an unmanned aircraft if such person or entity was providing emergency services and the unmanned aircraft was interfering with the emergency services.
01005.0001/855881.1
In addition to state law explicitly aimed at drone use, any state law prohibiting conduct that would endanger a person or property would also likely apply to conduct committed by using a drone. This may authorize law enforcement actions against drones and drone operators to prevent imminent loss of life, bodily injury, etc.

Finally, state civil trespass laws could also potentially apply to a trespass committed with a drone.

These provisions likely address the concerns that a city may have about privacy protections. Moreover, a local ordinance criminalizing an invasion of privacy would likely be preempted by the Penal Code.

Local Regulation
Cities have generally had very limited options for regulation of drones. The City may adopt regulations consistent with its police powers, which includes regulations aimed at promoting public health, public morals, and public safety, and includes land use regulations. Based on the Council's direction, Staff and the City Attorney's office have surveyed Southern California Cities1 that have adopted an ordinance regulating drones and they all appear to be similar in nature and include prohibitions on the following:
• Prohibits operation in a manner that interferes with first responders, manned aircraft, and shall always give way to the same. • Prohibits operation of drones beyond the natural visual line of sight of the person it.
• Prohibits operation other than during daylight hours, as defined. • Prohibits operation more than 400 feet above the earth's surface. • Prohibits operation closer than 25 feet to any individual, except the operator or the operator's helper(s).
• Prohibits any violation of state or federal regulations • Prohibits operation in a careless or reckless manner so as to endanger the life or property of another.
• Prohibits operation within a certain amount of distance between an airport, school, or special or government event.
• Some cities require persons who desire to operate a drone within the city to first obtain a permit through the City and register the drone. • Most exempt local government, emergency response, and/or military operation of drones from regulation.

It should be noted that that some of these regulations are likely preempted by, and/or conflict with, federal and state law and would likely be struck down if challenged in court.

In order to avoid a challenge to any regulation of drones, the best option for local 1 Staff was able to identify ordinances adopted by the cities of Los Alamitos, Yorba Linda, Calabasas, Hermosa Beach, Barstow, Beverly Hills, Los Angeles, and Pasadena 01005.0001/85588!.l
regulation is through the City's power to regulate land use. In light of these limitations, the best way for the City to regulate drones is as follows:
(1) Do nothing and wait until the law is more settled in this area. Federal and state regulations, and existing City ordinances, will still apply including the above-mentioned areas of invasion of privacy, and trespass and interference with emergency vehicles/response.
(2) Enact regulations limiting the times and locations in the City where drones can take off and land, as authorized by the City's broad powers to regulate land use.
(a) Specifically, the City could limit the times and locations within the City where drones can take off and land, just as airplanes are limited as to where they can take off and land. Such regulations would place a practical limit on the areas in the City were drones can fly since commercial and hobby drones can only be flown within the unaided visual line of sight of the drone operator (unless the operator has a waiver). (14 C.F.R. § 107.31; Public Law No. 112-95 § 336(c)(2).) (3) Collaborate with and support local law enforcement, including the Irwindale Police Department, in the enforcement of existing state laws that are applicable to drones, including laws prohibiting trespassing and invasion of privacy interference with emergency vehicles/response.

It is therefore recommended that the City Council discuss, and provide direction regarding any regulation of UAS/Drones.

FISCAL IMPACT
None.
0!005.000I/85588LI

ALESHIRE&
.WYNDERLLP
ATTORNEYS AT LfAVif
City of Irwindale
Existing Federal and State Regulations
and the City's Power to Regulate Local Use
of Drones
February 8, 2023
Overview:
> Purpose:
- To provide a summary of existing federal and state regulations regarding drones, as well as the City's local power to regulate, so that City Council may provide direction to staff regarding the regulation of UAS/drones in Irwindale.
> Roadmap:
- How are Drones Regulated?
> Federal Regulations
> State Regulations
> Local Possibilities
2 What are Drones?
• Also called "Unmanned Aircraft Systems" or
UAS
• An aircraft that is operated without the
possibility of direct human intervention from
within or on the aircraft
• ex. by remote control, from a distance
• Must weigh less than 55 lbs by FAA
regulation
• Can be used for personal or commercial use
• Recreational: personal, hobbyist,
educational
• Commercial: business, government, nonprofit
3 Federal Drone Regulations
> Federal Aviation Administration (FAA)
> The FAA has stated that it is "responsible for air safety from the ground up" - this includes drones
> The FAA takes the position that federal drone law
preempts the entire field of aviation, including local
regulation of drones while in the air.
- The FAA cites safety and clarity issues that arise when local, state, and federal rules create a "patchwork" of airspace regulations.
- The FAA also cites multiple federal cases in which various state and local airspace regulations were pre-empted or very strictly scrutinized, including aircraft noise
restrictions
4 What Can Cities Regulate Under Federal Law?
> The FAA has stated that some local or
state regulation of drones relating to land
use and police power is permissible.
- Very vague and unclear.
- FAA has provided "no drone zone" signs for
government use.
> FAA has recommended that local
governments consult with the agency
when passing any ordinance/regulation
related to restrictions on flight altitude,
flight paths, operational bans, and any
regulation of the navigable airspace.

TAKEOFF AND lANDIN:G

OF REMOTE CONTROLLED

OR UNMANNED AIRORAFT

OR DRONES IS PROMI BITED
AT1'HIS lOCATJON PER;
"'''" ._,,.:._- ~-, ~' -,.., --- "'
c.-~--
.,,., ~-·-
5 State of California Drone Regulations:
> Privacy: It is both a civil and a criminal offense to use a drone to invade someone's privacy. For example, taking video(s) or photo ( s) of someone on their personal property, "Peeping Tom" rule.
> Civil Code§ 1708.8
> Penal Code § 64 7
> Emergency Response: It is a criminal offense to use a drone to interfere with an emergency, i.e. to record a scene of an accident, and there is no liability for any damage to the drone if the damage was caused during emergency response due to interference. > Penal Code§ 402
> Civil Code§ 43.101
6 State of California Drone Regulations:
> Dangerous Conduct:
- In addition to state law explicitly aimed at drone use, any state law prohibiting conduct that would endanger a person or property would also likely apply to conduct committed by using a drone. > Trespass:
- State trespass laws would also apply to a trespass committed with a drone. For example, a property owner may be able to seek the assistance of law enforcement if a drone actually takes off or lands on their property without prior approval of the owner.
7 Summary of City Power to Regulate:
> The City likely can only regulate where drones may take off and land within the City boundaries.
> The FAA ("Federal Aviation Administration") claims that it has exclusive authority to regulate airspace/drones.
> At least one federal court has agreed.
> The State has passed laws addressing the privacy and safety concerns with drones.
> Additionally, general ordinances regarding nuisance, noise, or park regulations can be applied to drones with minor or no changes to the existing Municipal Code.
'I
8 How Are Other Cities Approaching the Issue?
> Many do not have any regulations in place.
- Avoids the need to update ordinances as the law of
drones continues to evolve.
> Some cities have essentially made it a violation of local law to violate any federal law concerning drones.
- Due to principals of federal preemption, this may be
subject to legal challenge.
> Other cities have adopted ordinances that prohibit use of drones in a reckless manner or in a manner that violates privacy rights.

Since these issues are already addressed by federal and state law, such ordinances are also likely preempted.
9 Examples of City Regulations Based on Survey
> Prohibits operation in a manner that interferes with first responders, manned aircraft, and shall always give way to the same.
> Prohibits operation of drones beyond the natural visual line of sight of the person operating. > Prohibits operation other than during daylight hours, as defined. > Prohibits operation more than 400 feet above the earth's surface. > Prohibits operation closer than 25 feet to any individual, except the operator or the operator's helper(s).
> Prohibits any violation of state or federal regulations > Prohibits operation in a careless or reckless manner that endangers the life or property of another.
> Prohibits operation within a certain amount of distance between an airport, school, or special or government event.
> Some cities require persons who desire to operate a drone within the city to first obtain a permit through the City and register the drone.
> Most exempt local government, emergency response, and/ or military operation of drones from regulation.
10 'I
Possibilities for Irwindale:
> Do nothing and wait until the law is more settled in this area.

Federal and state regulations, and existing local ordinances will still apply.
> Limit any new regulations to time and place of
takeoff/landing of drones.
- The FAA has explicitly stated that this is a permissible form of local regulation.
> Collaborate with and support local law enforcement,
including the Irwindale Police Department, in the
enforcement of existing state laws that are applicable to drones.
11 liijCity Council
D Successor Agency
Offousing Authority
DReclamation Authority
OJoint Powers Authority
Date: March 8, 2023
Cityef

IRWINDALE

AGENDA REPORT
To:

From:

Honorable Mayor and Members of the City Council
Julian A. Miranda, City Manager
Issue: Regulation of Unmanned Aircraft Systems (UAS)/Drones in Other California Cities
City Manager's Recommendation:

Discuss and provide direction regarding regulation of Unmanned Aircraft Systems (UAS)/Drones
Administrative Action:

Prepared and Submitted by:

Adrian R. Guerra, City Attorney Electronically Approved Reviewed by:

Theresa Olivares, Assistant City Manager
Robert Castro, Chief of Police Electronically Approved
Approved by:

Julian A Miranda, City Manager
DISCUSSION:

Previously, the City Council requested that the City Attorney provide guidance and information as to the City's authority to regulate unmanned aircraft systems ("UAS"), better known as "drones," within City boundaries. The City Attorney gave a presentation on federal and state regulation of UAS, which included a discussion of possible legal grounds for local regulation of UAS, on February 8, 2023. Staff requested that the City Council discuss and provide direction regarding any regulation of UAS/Drones.

At its regular meeting on February 8, 2023, the City Council directed the City Attorney's Office to research and collect ordinances from other California cities· regulating UAS/drones. City staff and the City Attorney's Office have collected the following ordinances for the City Council's review and consideration in determining whether to regulate drones:
• City of Anaheim effective August 14, 2018, attached as Exhibit "A". • City of Barstow effective December 21, 2015, attached as Exhibit "B". • City of Beverly Hills effective November 21, 2014, attached as Exhibit "C". • City of Burbank effective June 10, 2016, attached as Exhibit "D". • City of Calabasas effective December 13, 2017, attached as Exhibit "E". • City of Ceres effective February 24, 2020, attached as Exhibit "F". • City of Chula Vista effective 2014, attached as Exhibit "G". • City of Del Mar effective May 18, 2020, attached as Exhibit "H". • City of Garden Grove effective 2017, attached as Exhibit "I". • City of Hermosa Beach effective 2016, attached as Exhibit "J". • City of Indio effective March 7, 2018, attached as Exhibit "K". • City of La Mesa effective September 27, 2005, attached as Exhibit "L". • City of Lake Forest effective 2018, attached as Exhibit "M". • City of Long Beach effective 1980, attached as Exhibit "N". • City of Los Alamitos effective 2017, attached as Exhibit "O". • City of Los Angeles effective December 2, 2015, attached as Exhibit "P". • City of Manhattan Beach effective March 3, 2016, attached as Exhibit "Q". • City of Napa effective 2022, attached as Exhibit "R". • City of Oxnard, attached as Exhibit "S".
• City of Pacific Grove effective 2017, attached as Exhibit "T". • City of Pasadena effective May 22, 2017, attached as Exhibit "U". • City of Poway effective 2015, attached as Exhibit "V". • City of Rancho Palos Verdes effective 1984, attached as Exhibit "W'. • City of Richmond effective May 18, 2017, attached as Exhibit "X". • City of Riverside effective 2017, attached as Exhibit "Y". • City of San Clemente effective May 2, 2017, attached as Exhibit "Z". • City of San Francisco effective December 18, 1981, attached as Exhibit 11AA11.
• City of West Hollywood effective 2016, attached as Exhibit "BB". • City of Yorba Linda effective 2017, attached as Exhibit "CC".

FISCAL IMPACT
None.
2115123, 2:04 PM
Sections:
https://export.amlegal.com/apl/export-requests/251ad586-ac09-4006-9b3f-7e80ded07a27/down!oad/ Exhibit "A"
Chapter 6.43

UNMANNED AIRCRAFT SYSTEMS (DRONES)

6.43.010 Definitions.

6.43.020 Operation of unmanned aircraft and unmanned aircraft systems.

6.43.010 DEFINITIONS.

The following words and phrases, as used in this chapter, are defined as follows:
.010 "Unmanned Aircraft" or "UA" shall mean an aircraft, including, but not limited to, an aircraft commonly known as a "drone", that is operated without the possibility of direct human intervention from within or on the aircraft .
. 020 "Unmanned Aircraft System" or "UAS" shall mean an Unmanned Aircraft and associated elements, including, but not limited to, any communication links and components that control the Unmanned Aircraft .
. 030 "Civil UAS" shall mean an Unmanned Aircraft or Unmanned Aircraft System operated by any person for any purposes other than strictly hobby or recreational purposes, including, but not limited to, commercial purposes or in furtherance of, or incidental to, any business or media service or agency .
. 040 "Commercial Purposes" shall have the same meaning as attributed to the phrase "Engaged in Business" in Section 3.04.010.060 of this Code .
. 050 "Model Aircraft" shall mean an Unmanned Aircraft or Unmanned Aircraft System operated by any person strictly for hobby or recreational purposes . . 060 "Operate" shall mean to pilot, steer, direct, fly, guide, or manage an Unmanned Aircraft or Unmanned Aircraft System through the air remotely. The term "operate" includes, without limitation, managing or initiating an electronic control system that pilots, steers, directs, flies or manages an Unmanned Aircraft or Unmanned Aircraft System .
. 070 "Person" shall have the same meaning as it is defined in Section 3.04.010.080 of this Code . . 080 "Public UAS" shall mean an Unmanned Aircraft or Unmanned Aircraft System operated by any public agency for government related purposes. (Ord. 6442 § 1 (part); August 14, 2018.)

6.43.020 OPERATION OF UNMANNED AIRCRAFT AND UNMANNED AIRCRAFT SYSTEMS . . 01 O Unless otherwise authorized by federal law, the following shall apply to the operation of any Model Aircraft within the City of Anaheim:
.0101 It is unlawful to operate a Model Aircraft in a manner that interferes with police or fire operations including, but not limited to, efforts to control, contain, or extinguish a fire from the air. It is unlawful to operate a Model Aircraft over or within 500 feet measured horizontally of an active police or fire investigation, including a crime scene, traffic collision, or fire incident, or over or within 1,000 feet measured horizontally of a wildfire incident or operations. https://export.amlegat.com/apl/export-requestsf251ad586-ac09-4006-9b3f-7e80ded07a27/download/ 1/3 2115/23, 2:04 PM https://export.amJega.l.com/apiiexportRrequests/251ad586Rac094006~9b3fR7e80ded07a27/download/ .0102 It is unlawful to operate within 1,000 feet measured horizontally of or into a fireworks production .
. 0103 It is unlawful to operate any Model Aircraft carrying or equipped with anything other than a camera, video camera, or related image or audio capturing equipment. .0104 It is unlawful to hover in place over private property without first obtaining permission from the property owner and/or the property tenant.
.0105 It is unlawful to take pictures or videos or record sounds of individuals, homes, businesses, or property that are in an enclosed area from public view such as fenced backyards or the interior of any structure unless written expressed permission is obtained from the individual, property owner(s} or manager(s}, or tenant(s) thereof.
.0106 It is unlawful to operate a Model Aircraft within 1,000 feet measured horizontally from the property line at Angel Stadium, the Honda Center, the Anaheim Convention Center, Disneyland, California Adventure Park, or any other public or private accommodation or venue where more than 1,000 people are reasonably estimated to be in attendance . . 020 Unless otherwise authorized by federal law, the following shall apply to the operation of any Model Aircraft or Civil UAS within the City of Anaheim: · .0201 It is unlawful to operate a Model Aircraft or Civil UAS in a manner that interferes with a manned aircraft, and Model Aircraft or Civil UAS shall always give way to a manned aircraft . . 0202 It is unlawful to operate a Model Aircraft or Civil UAS within the controlled airspace of any airport without the prior express authorization of the airport control tower . . 0203 It is unlawful to operate a Model Aircraft or Civil UAS higher than 400 feet above ground level.
.0204 Model Aircraft and Civil UAS, when operating outdoors, shall only fly during daylight hours, which are defined as between official sunrise and official sunset, local time . . 0205 It is unlawful to operate Model Aircraft or Civil UAS over moving vehicles or unprotected persons, or in any way which interferes with vehicle traffic, or across a street with more than two lanes. It is unlawful to operate a Model Aircraft of Civil UAS less than 100 feet away measured horizontally from any individual other than the operator or the operator's helper(s) . . 0206 It is unlawful to operate Model Aircraft or Civil UAS within 1,000 feet measured horizontally of or in the airspace above any water delivery facility, reservoir, storage tank, pump station, treatment or intake facility, or any electric generating facility, substation or control center, or any electric transmission or distribution facility, or within 100 feet of any overhead wire, cable, conveyor, or similar equipment for the distribution of electricity or power, upon or along any public way or utility easement within the city, without the facility or equipment owner's consent, and subject to any restrictions that the facility or equipment owner may place on such operation . . 0207 It is unlawful to operate a Model Aircraft or Civil UAS while the operator is under the influence of alcohol or drugs .
. 0208 It is unlawful to operate a Model Aircraft or Civil UAS beyond the visual line of sight of the operator. The operator must use his or her own natural vision without enhancement other than by corrective lenses prescribed for the operator. Individuals other than the operator may not be used in lieu of the operator for maintaining visual line of sight. Visual line of sight means the operator has an unobstructed view of the Model Aircraft or Civil UAS. The use of vision-enhancing devices, such as binoculars, night vision goggles, infra-red or low-light cameras, powered vision magnifying devices, and goggles or other devices designed to provide a "first-person view" from the Model Aircraft or Civil https:l/export.amlegal.com/apllexportRrequests/251ad586-ac094006-9b3f~7e80ded07a27/downtoad/ 2/3 2/15/23, 2:04 PM https:/lexport.amlegal.com/apl/export..requests/251ad586-ac09-4006-9b3f-7e80ded07a27/downloadf UAS, do not constitute the visual line of sight of the operator. It is unlawful to operate a Model Aircraft or Civil UAS when the operator is on or in a moving vehicle . . 0209 It is unlawful to operate a Model Aircraft or Civil UAS in a manner that is reckless or careless and endangers the safety of other persons or their property. The standard for careless or reckless operation shall be the same as the standard set forth in federal statutes or regulations governing aeronautics including, but not limited to, Federal Aviation Rule 91.13 . . 021 O It is unlawful to operate any Model Aircraft or Civil UAS in violation of any temporary flight restriction (TFR), Notice to Airmen (NOTAM), or any other flight restriction issued by the Federal Aviation Administration or any other federal or state statute or regulation governing aeronautics . . 0211 It is unlawful to operate a Civil UAS for Commercial Purposes in the City unless the operator has first obtained a City business license for such commercial flight operation purposes . . 030 It shall be unlawful for any person to violate or fail to comply with this chapter. Any Person violating the provisions of this section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as provided in Section 1.01.370 (Violations of Code - Penalty) of Chapter 1.01 (Code Adoption and Construction) .
. 040 Operations authorized by the FAA- Exception. Notwithstanding the prohibitions set forth in this section, nothing in this section shall be construed to prohibit, limit, or otherwise restrict any person or operator who is authorized by the Federal Aviation Administration to operate any Model Aircraft, Civil UAS, or Public UAS in City air space pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 or a certificate of waiver, certificate of authorization, or airworthiness certificate under Section 44704 of Title 49 of the United States Code or other Federal Aviation Administration grant of authority for a specific flight operation(s), from conducting such operation(s) in accordance with the authority granted by the Federal Aviation Administration. (Ord. 6442 § 1 (part); August 14, 2018.)
https://exportamlegal.com/apilexport-requestsf251ad586-ac09-4006-9b3f-7e80ded07a27/download/ 3/3 2115/23, 4:03 PM Barstow, CA Code of Ordinances
CHAPTER 9.66. - UNMANNED AIRCRAFT
Sec. 9.66.01 O, - Definitions.

As used in this chapter, "unmanned aircraft" means a device that flies and is operated without the possibility of direct human intervention from within or on the aircraft (Ord. No. 942-2015, § 1, 12-21-2015)
Sec. 9,66.020. - Operation and recording.
(a) No person shall operate an unmanned aircraft within 50 feet of a public right-of-way. (b) No person shall operate an unmanned aircraft in a manner that harasses, startles, or annoys pedestrians or vehicles, or threatens their safety and welfare. (c) No person shall operate an unmanned aircraft over any private real property located in the city in which the resident and/or owner of the subject real property has a reasonable expectation of privacy (including, but not limited to, a private residence or office, and its surrounding yard, parking lot, or landscaping).
(d) No person shall use an unmanned aircraft to record or transmit any visual Image or audio recording of any person or private real property located in the city under circumstances in which the subject person or owner of the subject real property has a reasonable expectation of privacy (Including, but not limited to, inside a private residence or office, and inside an enclosed yard).
(e) No person shall use an unmanned aircraft to peek in the door or window of any inhabited building or structure without visible or lawful business with the owner or occupant. (Ord. No. 942-2015, § 1, 12-21-2015)
Sec. 9.66,030. - Model aircraft.

This chapter shall not prohibit the use of any model aircraft which is flown in compliance with section 336 of the Federal Aviation Administration Modernization and Reform Act of 2012 and which does not transmit or record visual images or audio recordings of any person or real property located in the city. (Ord. No. 942-2015, § 1, 12-21-2015)
Sec 9.66.040. - Use by public safety agencies.

This chapter shall not prohibit the use of any unmanned aircraft by law enforcement or public safety agencies:
about: blank 112
2/15123, 4:03 PM Barstow, CA Code of Ordinances
(a) If a warrant is issued authorizing the use of an unmanned aircraft; or (b) For the purpose of providing emergency management, fire, or police protection services in response to a life threatening emergency, or for surveying the condition of persons or property during a duly declared state of emergency; or
(c) Under circumstances where a warrant would not otherwise be required by law. (Ord. No. 942-2015, § 1, 12-21-2015)
Sec. 9.66.050. - Interference with emergency response.

No person shall, through use of an unmanned aircraft, interfere with the lawful efforts of a firefighter or other public safety officer to extinguish a fire or respond to a medical or other emergency. (Ord. No. 942-2015, § 1, 12-21-2015)
Sec. 9.66.060. - City-owned unmanned aircraft.

Unmanned aircraft owned and operated by the city or by city-contracted agent/agency is exempt from the provisions of this chapter while lawfully operated by city employees or city-contracted agent/agency engaged in city business, including but not limited to surveying and mapping property, inspecting infrastructure, monitoring traffic, and recording local events. This section does not apply to use of unmanned aircraft by city public safety agencies, which must comply with section 9.66.040 of this Code. (Ord. No. 942-2015, § 1, 12-21-2015)
Sec. 9.66.070. - Penalties.

Violation of any of the provisions of this chapter is a misdemeanor and shall be punishable as set forth in section 1.01.110 of this Code.
(Ord. No. 942-2015, § 1, 12-21-2015)
aboutblatik 2/2
ORDINANCE NO. 942-2015

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BARSTOW, CALIFORNIA, ADDING A NEW CHAPTER 9.66 (UNMANNED
AIRCRAFT) OF TITLE 9 (PEACE, MORALS ANO SAFETY) OF THE

BARSTOW MUNICIPAL CODE
WHEREAS, In order to protect the safety and privacy of Barstow residents regarding the use of unnianned aircraft within the corporate city limits; and

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BARSTOW DOES HEREBY ORDAIN AS FOLLOWS:

Section 1. Mynfc!pal Code Amendment. Tiiie 9 ("Peace, Morals and Safety") of the Barstow Municipal Code Is hereby amended to add Chapter 9.66 ("Unmanned Aircraft; to read as follows:

Chapter 9.66 Unmanned Aircraft

9.66.010 ..... Definitlons.

As used in this chapter, "unmanned alrcraft11 means a devtce that flies and Is operated without the possibillty of direct human Intervention from within or on the aircraft.

9.66,020 - Operation and Recording.

A. No person shall operate an unmanned aircraft within 50 feet of a public rlght~of-way. a. No person shall operate an unmanned aircraft lo a manner that harasses, startles, or annoys rcestr/ans or vehicles, or threatens their safety and welfare.

C. No person shall operate an unmanned aircraft over any private real property located in the city ln which the resident and/or owner of the subject real property has a reasonable expectation of privacy (including, but not ffmlted to, a private residence or office, and its surrounding yard, parking lot, or landscaping).

D. No person shall use an unmanned aircraft to record or transmit any v!suaf Image or audio recording of any person or private real property localed In !he city under circumstances in which lhe subject person or owner of the subject real property has a reasonable expectation of privacy (lncludJng, but not llmlted to, Inside a private residence or office, and Inside an enclosed yard).

City CouncR Ordinance No. 942-2015
E. No person shall use an unmanned aircraft to peek in the door or window of any Inhabited building or structure without visible or lawful business with the owner or occupant.

9.66.030- Model afrcraft.

Thls chapter shall not prohibit the use of any model afrcraft which Is flown In compllance with section 336 of the Federal Aviation Admlnlstratlon Modernization and Reform Act of .201:2: and which doss not transmit or record visual images or audio recordings of any person or real property located In the city.

9.66.040- Use by public safety agencies.

Thfs chapter shall not prohibit the use of any unmanned aircraft by law enforcement or public safety agencies:

A If a warrant is issued authorizing the use of an unmanned aircraft; or B. For the purpose of providing emergency management, fire, or police protection services In response to a !lfe threatening emergency, or for surveying the condition of persons or property during a duly declamd state of emergency; or
C. Under circumstances where a warrant would not otherwise 'ba required by law.

9.66.USO - Interference with emergency response.

No person shall, through use of an unmanned aircraft, interfere with the lawful efforts of a firefighter or other publlc safety officer to extinguish a flre or respond to a medicat or other emergency.

9.66.060 - City-owned unmanned aircraft.

Unmanned aircraft owned and operated by the City or by City-contracted agent/agency Is exempt from the provisions of this chapter while lawfully operated by city employees or City-contracted agent/agency engaged In city business, Including but not llmlted to surveying and mapping property, Inspecting Infrastructure, monitoring traffic, and recording local events. This section does not apply to use of unmanned aircraft by city public safety agencies, which must comply with Section

9.66.040 of this code,

9.66.070 - Penalties.

Violation of any of the provisions of this cllapter Is a misdemeanor and shall be punishable as set forth In Section

1.01.110 of this code.

Section 2. Severablllty. If any section, subsection, paragraph, sentence, clause or phrase of this chapter Is declared by a court of competent jurisdiction to be
City Council Ordinance No. 942-2015 2
unconstitutional or otherwise Invalid, such declslon shall not affect the vaHdlty of the remaining portions of this chapter. The city council declares that It would have adopted this chapter, and each section, subsection, sentence, clause, phrase or portion thereof, lrrespecUve of Iha fact that any one or more sectlons1 subsections, phrases, or portions be declared fnvalld or unconstltut!onal.

Seetlon 3. Effective Date. This Ordinance was Introduced on December 7, 2016 and was adopted by the City Council at Its regular meeting held on December 21, 2015. Ordinance 942 .. 2015 shall take effect on 30 days after adoption on January 20, 2016. This Ordinance and the City Clerk's certlflcatlon, together with proof of publ!catlon, shall be entered in the Book of Ordinances of the Clty Council.

PASSED, APPROVED AND ADOPTED, this 21" day of December, 2015.

Julla Hackbarth-Mcintyre, Mayor
ATIEST:

JoAnne V. Cousino, City Clerk
I, JoAnne V. Cousino, Olly Clerk for the City of Barstow, California and ex~offlclo Clerk of the City Coun<lll, do hereby certify, UNDER PENALTY OF PERJURY, that the foregoing ls a ttoe and correct copy of Ordinance No. 942-2015 which was Introduced at the regular meeHng of the City Councn of the City of Barstow held on the 7111 day of December, 2015, and adopted at the regular meeting of the City Council of the City of Barstow on the 21s1 day of December, 2015 by the following vote:

AYES:

NOES:

ABSENT:

COUNCIL MEMBERS GRACEY, HARPOLE, HERNANDEZ; MAYOR PRO TEM SILVA;

MAYOR HACKBARTH-MCINTYRE
NONE
NONE
ABSTAINED: NONE
JoAnne V. Cousino, City Clerk
City Council Otdlnance No. 942·2015
City Council Ordinance No. 942~2015 4
Article 6. Aircraft Operations lfl0
5-6-601: Landing Prohibited
5·6-602: Exemption
5-6-603: External Load Operations Prohibited
5-6-604: Prohibition Against Using An Unmanned Aircraft To Record Or Transmit Visual Or Audio Recordings
5-6-601: LANDING PROHIBITED: ~ L2I
No person shall land any aircraft, including a helicopter, within the city, except that the council may grant permission for such landing to protect the personal security of the president or vice president of the United States when visiting the city. (1962 Code§ 4-1.01) 5-6-602: EXEMPTION: lflEa
Section 5-6-601 of this chapter, prohibiting the landing of helicopters, shall not apply to any helicopter operated by the federal government, or state, county or city agency engaged in law enforcement, emergency or disaster aid, fire suppression, or going to the aid of any person or the person's property thereof, so long as the same is operated in accordance with federal and state regulations and by authorized personnel of said federal, state, county or city agency. (Ord. 06-0-2496, eff. 3-9-2006) 5-6-603: EXTERNAL LOAD OPERATIONS PROHIBITED: ~121
No person shall use any helicopter for external load operations within the city. For the purposes of this section, "external load operations" shall include any load which is carried or extends outside the aircraft fuselage. (1962 Code§ 4-1.02; amd. Ord. 06-0-2496, eff. 3-9-2006) 5-6-604: PROHIBITION AGAINST USING AN UNMANNED AIRCRAFT TO RECORD OR TRANSMIT VISUAL OR AUDIO RECORDINGS:
t:Jr21
A. No person shall use an unmanned aircraft to record or transmit any visual Image or audio recording of any person or private real property located in the city under circumstances in which the subject person or owner of the subject real property has a reasonable expectation of privacy (including, but not limited to, inside a private residence or office, and Inside an enclosed yard).

B. This section shall not prohibit the use of any model aircraft, which is flown in compliance with section 336 of the FAA modernization and reform act of 2012 and which does not transmit or record visual images or audio recordings of any person or real property located in the city.

C. This section shall not prohibit the use of any unmanned aircraft by Jaw enforcement or public safety agencies:

1. If a warrant Is Issued authorizing the use of an unmanned aircraft; or

2. For the purpose of providing emergency management, fire, or police protection services in response to a life threatening emergency, or for surveying the condition of persons or property during a duly declared state of emergency; or

3. Under circumstances where a warrant would not otherwise be required by law.

D. For the purpose of this section, an "unmanned aircraft" is a device that flies and is operated without the possibility of direct human intervention from within or on the aircraft. (Ord. 14-0-2667, eff. 11-21-2014) Burbank Municipal Code
5-3-1602: OPERATION OF UNMANNED AIRCRAFT AND UNMANNED AIRCRAFT SYSTEMS:

Unless otherwise authorized by federal law, the following shall apply to the operation of any Model Aircraft or Civil UAS within the City of Burbank:

A. It is unlawful to operate in a manner that prevents or delays the extinguishment of a fae including, but not limited to, efforts to control, contain, or extinguish the fire from the air.

B. It is unlawful to operate in a manner that interferes with police operations or activity.

C. It is unlawful to operate within the airspace above or within 50 feet of a film studio or closed production set or other private production area without permission from the studio, producer, or director.

D. It is unlawful to operate within 100 feet of or into a fireworks production.

E. It is unlawful to operate within 500 feet measured horizontally of or in the airspace above any water delivery system, reservoir, treatment or intake facility or any electric generating facility, substation or control center, or any electric transmission facility, or within 60 feet of any overhead wire, cable, conveyor or similar equipment for the distribution of electricity or power, upon or along any public way within the city, without the facility or equipment owner's consent, and subject to any restrictions that the facility or equipment owner may place on such operation.

F. It is unlawful to operate higher than 400 feet above ground level.

G. Model Aircraft and Civil UAS, when operating outdoors, shall only fly during daylight hours, which are defined as between official sunrise and official sunset for local time.

H. It is unlawful to operate any Model Aircraft or Civil UAS canying or equipped with anything other than a camera, video camera, or related equipment.

I. It is unlawful to operate over moving vehicles or unprotected persons, and it is unlawful to operate less than 25 feet away from any individual other than the operator or the operator's helper(s).

J. It is unlawful to operate under the influence of alcohol or drugs.

K. It is unlawful to operate beyond the visual line of sight of the operator. The operator must use their own natural vision without enhancement other than by corrective lenses prescribed for the operator. Individuals other than the operator may not be used in lieu of the operator for maintaining visual line of sight. Visual line of sight means the operator has an unobstructed view of the Model Aircraft or Civil UAS. The use of vision-enhancing devices, such as binoculars, night vision goggles, infra-red or low-light cameras, powered vision magnifying devices, and goggles or other devices designed to provide a "first-person view" from the Model Aircraft or Civil UAS, do not constitute the visual line of sight of the operator.

L. It is unlawful to hover in place over private property without first obtaining permission from the property owner and/or the property tenant.

M. It is unlawful to take pictures or videos or record sounds of individuals, homes, businesses, or property that are in an enclosed area from public view such as fenced backyards or the interior of any strncture unless written expressed permission is obtained from the individual property owner(s) ormanager(s).

N. Operations authorized by the FAA - Exception. Notwithstanding the prohibitions set forth in this section, nothing in this section shall be construed to prohibit, limit or otherwise restrict any person who is authorized by the Federal Aviation Administration to operate in City air space, pursuantto Section 333 of the FAA Modernization and Reform Act of 2012 or a certificate of waiver, certificate of authorization or airworthiness certificate under Section 44704 of Title 49 of the United States Code or other Federal Aviation Administration grant of authority for a specific flight operation( s ), from conducting such operation( s) in accordance with the authority granted by the Federal Aviation Administration. [Added by Ord. No. 16-3,878, eff. 6/10/16]

CALABASAS
Chapter 9.10 - DRONES AND UNMANNED AIRCRAFT SYSTEMS

9.10.010 - Purpose.

The purpose of this chapter is to regulate the operation of unmanned aircraft, commonly known as drones, which can at times pose a hazard to full-scale aircraft in flight and to persons on the ground.

Imposing community-based safety requirements on the operation of model UAS and imposing restrictions on the operation of both model UAS's and civil UAS's consistent with Federal Aviation Administration rules is necessary to mitigate such risks and to protect the public from the hazards associated with the operation of unmanned aircraft.
(Ord. No. 2017-354, § 1, 12-13-2017)

9.10.020 - Definitions.

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
"Civil UAS" shall mean an unmanned aircraft or unmanned aircraft system operated by any person for any purposes other than strictly hobby or recreational purposes, including, but not limited to, commercial purposes or in the furtherance of, or incidental to, any business or media service or agency. "Drone" refers to any UAS.
"FAA" means the Federal Aviation Administration.
"Model UAS".shall mean an unmanned aircraft or unmanned aircraft system operated by any person strictly for hobby or recreational purposes.
"Person" shall mean natural person, joint venture, joint stock company, partnership, association, club, company, corporation, business trust, organization, or the manager, lessee, agent, servant, officer or employee of any of them.
"Public UAS" shall mean an unmanned aircraft or unmanned aircraft system operated by any public agency for government related purposes.
"Unmanned aircraft'' shall mean an aircraft without a human pilot onboard, that is controlled by an operator on the ground, and is operated without the possibility of direct human intervention from within or on the aircraft.
"Unmanned aircraft system (UAS)" shall mean an unmanned aircraft and associated elements, including, but not limited to, any communication links and components that control the unmanned aircraft. "Visual line of sight" means that a person operating an unmanned aircraft has an unobstructed view of the unmanned aircraft. The operator must use his or her own natural vision (which includes vision corrected by standard eyeglasses or contact lenses) to observe the unmanned aircraft. People other than the operator may not be used in lieu of the operator for maintaining visual line of sight to the unmanned aircraft, except as otherwise permitted by federal law. The use of vision-enhancing devices, such as binoculars, night vision goggles, powered vision magnifying devices, and goggles or other devices designed to provide a "first-person view" from·the unmanned aircraft do not constitute visual line of sight of the person operating the unmanned aircraft.
(Ord. No. 2017-354, § 1, 12-13-2017)

9.10.030 - Regufations
The following shall apply to the operation of any model UAS or civil UAS within the City of Calabasas:

CALABASAS

1. No pSerson shall operate any model UAS or civil UAS within the City of Calabasas in a manner that is prohibited by any federal statute or regulation.

2. No person shall operate any model UAS or civil UAS within the City of Calabasas in a manner that interferes with manned aircraft, and any person operating a model UAS shall always give way to any manned aircraft.

3. No person shall takeoff, land or operate any model UAS or civil UAS within the City of Calabasas beyond the "visual line of sight" of the person operating the model UAS or civil UAS.

4. No person shall operate any model UAS or civil UAS within the City of Calabasas other than during daylight hours defined as between official sunrise and official sunset for local time, except that a person may operate a model UAS or civil UAS during periods of civil twilight if the UAS has lighted anti-collision lighting visible for at least three (3) statute miles. As used herein, "civil twilight" means a period of time that begins thirty (30) minutes before official sunrise and ends at official sunrise, and a period of time that begins at official sunset and ends thirty (30) minutes after official sunset.

5. No person shall operate any model UAS or civil UAS within the City of Calabasas more than four hundred (400) feet above the earth's surface, unless the UAS is both flown within a 400- foot radius of a structure and does not fly higher than four hundred (400) feet above the structure's immediate uppermost limit.

6. Excluding takeoff and landing, no person shall operate any model UAS or civil UAS within the City of Calabasas closer than twenty-five (25) feet to any individual, except the operator or the operator's helper(s).

7. No person shall takeoff or operate a model UAS or civil UAS on private property without the consent of the property owner.

8. No person shall takeoff, land or operate a model UAS or civil UAS over publicly permitted events without prior notification and authorization of the city.

9. No person shall takeoff, land or operate a model UAS or civil UAS within one thousand five hundred (1,500) horizontal feet of any manned or unmanned aircraft.

10. No person shall takeoff, land or operate a model UAS or civil UAS within five hundred (500) feet of any emergency vehicle that is operating wtth lights and/or sirens.

11. No person shall takeoff, land or operate a model UAS or civil UAS within five hundred (500) feet of any active law enforcement or emergency response incident.

12. No person shall takeoff, land or operate a model UAS or civil UAS within two hundred (200) feet of a school facility without prior notification and authorization of school officials.

13. No person shall takeoff, land or operate a model UAS or civil UAS within one hundred (100) feet of any public building or facility without prior notification, and authorization of the city.

14. No person shall operate a model UAS or civil UAS that has any type of weapon attached to it.

15. No person shall operate any model UAS or civil UAS within the City of Calabasas in violation of any temporary flight restriction (TFR) or notice to airmen (NOTAM) issued by the Federal Aviation Administration.

16. No person shall operate any model UAS or civil UAS within the City of Calabasas in a careless or reckless manner so as to endanger the life or property of another. The standard for what constitutes careless and reckless operation under this section shall be the same as the standard set forth in any federal statutes or regulations governing aeronautics including but not limited to Federal Aviation Rule 91. 13.
(Ord. No. 2017-354 , § 1, 12-13-2017)

CAIABASAS

9.10.040 - Exemptions.

The provisions of this chapter shall not apply to any Public UAS, or UAS weighing less than 0.55 lbs. (Ord. No. 2017-354, § l, 12-13-2017)

9.10.050 - Violations; penalties.

Any person who violates any provision of this chapter is guilty of a misdemeanor punishable as provided in section 1.16.020Aofthis Code.
(Ord. No. 2017-354, § 1, 12-13-2017)
2115/23, 1:03 PM Ceres, CA Municipal Code
CHAPTER 20 - DRONE REGULATIONS

9.20.010 - Purpose and intent.

The purpose and intent of this chapter is to effectively regulate unmanned aircraft systems or drones within the City in order to promote the health, safety, and general welfare of City residents. The City seeks to implement appropriate regulations of drones pursuant to the City's police powers and its authority to issue regulations related to zoning, land use, privacy, trespass, and law enforcement operations. All regulations herein are intended to protect the health, safety, and welfare of the public and address specific areas of local municipal concern where a drone incident could cause harm and injury. It is not intended to restrict persons operating commercial drones in compliance with all applicable FAA rules and other applicable laws, or outside of prohibited areas. This chapter is not intended to preempt FAA rules, but to operate in conjunction with those rules to promote public safety and privacy while recognizing the limitations in the FAA's enforcement authority. (Ord. No. 2020-1056, § 1, 2-24-2020)

9.20.020 - Definitions.

For purposes of this chapter, the following definitions shall apply, unless the context clearly indicates otherwise:

City Manager's designee means the City Manager or any agent of the City as designated by the City Manager.

Emergency responder shall mean any person engaged in providing emergency services who is an agent of the City, the County of Stanislaus, a public agency, a law enforcement agency, the fire department, or a public safety organization.

FAA means the Federal Aviation Administration.

Person shall mean and include any natural person, corporation, company, firm, association, organization, co-partnership, joint venture, trust, business trust, syndicate, estate, receiver, society, club, fraternal organization, any group or combination acting as a unit, and any officer, agent, employee, or servant of any of the foregoing.

Special event shall mean any event, assembly, or gathering held on public land or open-air facility, private property, or commercial or industrial facility that is open to the public and intended to attract people. This includes, but is not limited to, sporting events, concerts, festivals, farmer's markets, street faire, and other similar events.
about blank 117
2/15/23, 1:03 PM Ceres, CA Municipal Code
Unmanned aircraft system or drone means an aircraft without a human pilot on board, that is controlled from an operator on the ground, and operates without the possibility of direct human intervention from within, or on, the aircraft.

Visual line of sight refers to the ability of a drone operator to have a direct, unaided, and unobstructed view of the operator's controlled drone. The use of vision-enhancing devices, such as binoculars, night vision goggles, powered vision magnifying devices, goggles, or other devices designed to provide a "firstperson" view from the drone, do not constitute visual line of sight. (Ord. No. 2020-1056, § 1, 2-24-2020)

9.20.030 - Operating requirements and restrictions.

No person shall operate any drone in a manner that is prohibited by any federal, State, or local regulations. The following shall apply to the operation of drones within the City:
abcutblank
A. No person shall operate any drone in the City beyond the visual line of sight of the person operating the drone.

B. No person shall operate any drone other than during daylight hours.

C. No person shall operate any drone more than 400 feet above the earth's surface and no faster than 50 miles per hour unless written proof of authorization to do so is obtained from the FAA and is provided to the City and verified,
D. Excluding takeoff and landing, no person shall operate any drone closer than 25 feet to any individual, except the operator or agents of the operator.

E. No person shall operate any drone under the influence of alcohol, cannabis, or any other drug or intoxicating compound.

F. No person shall operate any drone in a careless or reckless manner so as to endanger the life, safety, health, or welfare of another person or another person's property. The standard for what constitutes careless and reckless operation under this subsection shall be the same as the standard set forth in any federal statutes or regulations governing aeronautics including, but not limited to, Public Utilities Code section 21407 and Federal Aviation rule91.13, 14C.F.R. 91.13.

G. No person shall operate any drone in a manner that violates an individual's reasonable expectation of privacy, as set forth by all applicable State laws, or record or transmit any visual image, sound recording, or other physical impression of any person or private real property located in the City under circumstances in which the subject person or owner of the subject real property has a reasonable expectation of privacy, including, but not limited to, inside the premises or curtilage of a private residence, office, or hotel room, or inside an enclosed yard or exterior deck.
217
2115123, 1:03 PM
about.:-b!ank
Ceres, CA Municipal Code
H. No person shall operate a drone in a manner that directly interferes with the lawful efforts of any emergency responder to respond to an emergency or to provide emergency services.

I. No person shall operate any drone that contains, or has affixed or attached to it, hazardous materials, a weapon, a firearm, a bb device, an explosive, a device or container assembled for the purpose of causing an explosion, or any other item that may be used as a weapon.
j. No person shall operate any drone in a way that interferes with manned aircraft, and the operator shall always yield to any manned aircraft.

K. No person shall operate any drone within the City in violation of any temporary flight restriction or "Notice to Airmen" issued by the FAA.

L. Excluding takeoff and landing, no person shall operate any drone less than 100 feet above any public street or sidewalk.

M. No person shall operate any drone within 500 feet of any other privately-owned drone. No person shall operate any drone within 1,500 feet of any other publicly owned drone. Any person operating a drone shall remain clear of, and not interfere with, any manned aircraft operations. Any person operating a drone shall see and avoid other aircraft and obstacles at all times.

N. No person shall operate any drone in a manner that interferes with a pa.rade or motorcade.

0. Any person who causes injury to another person while operating a drone shall comply with the following:

1. The drone operator shall notify the City's Police Department of the injury within 24 hours of the incident.

2. The drone operator shall give the operator's name and current residential address to the City's Police Department, and shall also present a valid and unexpired form of identification issued by a State government or the United States federal government.

3. Each failure to report injury to another person as required by this Subsection shall constitute a separate violation of this chapter.

P. Any person who causes damage to the property of another person while operating a drone shall comply with the following:

1. The drone operator shall immediately locate and notify the owner or person in charge of the damaged property of the name and current residential address of the drone operator and of the owner of the drone involved. The drone operator shall also present a valid and unexpired form of identification issued by a State government or the 317
2/16123, 1 :03 PM Ceres, CA Municfpal Code
United States federal government.

2. In the event the owner or person in charge of the damaged property cannot reasonably be ascertained or located, the drone operator shall leave in a conspicuous place on the property damaged a written notice giving the name and current residential address of the drone operator and of the owner of the drone involved, as well as a statement of the circumstances of the incident resulting in the property damage. The drone operator must also provide this information to the City Police Department within 24 hours of the incident.

3. Each failure to report an incident of property damage as required by this Subsection shall constitute a separate violation of this chapter.

Q. The City Manager, the Chief of Police, the Fire Chief, or their respective designees may issue "No Fly" proclamations prohibiting drone operations as necessary to protect public safety. "No Fly" proclamations shall specify the locations, dates, and times that drone operations are prohibited and shall be posted on the City's website, at City Hall, and at the Police Department. drone operators are required to verify whether a "No Fly" proclamation is in effect prior to initiating drone operations. No fly proclamations may be imposed citywide or limited to certain areas and may be in effect for certain times or for certain dates in their entirety, as necessary to protect public safety. It is a violation to operate a drone during "No Fly" hours, or to fail to immediately cease drone operations after being notified by an agent of a public safety agency that a "No Fly" restriction is in effect.

R. This chapter shall not prohibit the use of drones that both: (1) are flown in compliance with Section 336 of the federal Aviation Administration Modernization and Reform Act of 2012; and (2) do not transmit or record visual images or audio recordings of any person or real property located in the City without the person or property owner's written consent. (Ord. No. 2020-1056, § 1, 2-24-2020)

9.20.040 - Protected sites.
about:blank
A. Ports. No person shall operate a drone within five miles of any airport or nautical facility, unless authorized by the chief administrator of the facility in writing.

B. Government buildings. No person shall operate a drone within a 500-foot horizontal distance of any government building, unless authorized by the chief administrator of the building in writing.

C. City Hall. No person shall operate a drone within a 500-foot horizontal distance of City Hall, unless authorized by the City Manager in writing.

D. Courts. No person shall operate a drone within a 500-foot horizontal distance of any courthouse, unless authorized by the supervising judge of the courthouse in writing. 4/7
2/15/23, 1:03 PM Ceres1 CA Munlclpal Code
E. jails. No person shall operate a drone within a 500-foot horizontal distance of any jail or prison facility, unless authorized by the chief administrator of the jail or prison facility in writing.

F. Police station. No person shall operate a drone within a 500-foot horizontal distance of any police station or structure, unless authorized by the Chief of Police in writing.

G. Sheriff station. No person shall operate a drone within a 500-foot horizontal distance of any sheriff's station or structure, unless authorized by the Sheriff in writing.

H. Fire station. No person shall operate a drone within a 500-foot horizontal distance of any fire station or structure, unless authorized by the Fire Chief in writing.

I. Schools. No person shall operate a drone within a 500-foot horizontal distance of any school or school yard, while school is in session unless authorized by the principal or superintendent of the school in writing.

J. Public utility facilities. No person shall operate a drone within the airspace above or within a 500-foot horizontal distance of any public utility facility, including, but not limited to, any water, sewage, or electric generating facility, without the authorization of the chief administrator of the facility in writing (and subject to any restrictions that the chief administrator of the facility may impose).

K. Communication and utility lines. No person shall operate a drone within the airspace above, or within a 100-foot horizontal distance of any, cell tower, overhead wire, cable, conveyor, or similar equipment for the transmission of sounds, signal, heat, light, power, utility, or data, or upon or along any public way within the City, without the authorization of the owner or chief administrator of the equipment in writing (and subject to any restrictions that the owner or chief administrator of the equipment may impose).

L. Churches. No person shall operate a drone within the airspace above any open-air assembly area, place of worship, or public building or facility, without the authorization of the chief administrator in (and subject to any restrictions that the chief administrator may impose).

M. Private property. No person shall operate a drone within the airspace above any populated or developed private property, unless authorized by the property owner in writing. This Subsection shall not apply to persons on the premises who are engaging in activities protected by the Constitutions of the State of California or the United States of America, or to persons who are on the premises at the request of a resident or management and who are not loitering or otherwise violating any law or ordinance.

N. Special events. No person shall operate a drone within a 500-foot horizontal distance of any Special Event in the City, unless authorized by the City Manager in writing. (Ord. No. 2020-1056, § 1, 2-24-2020)

9.20.050 - Exemptions.
about:blank 5(1
2/15/23, 1:03 PM Ceres, CA Munlclpal Code
A The provisions of this chapter shall not apply to any drone that is used or operated by or on behalf of the City or any law enforcement, public safety, or government agency in compliance with all applicable federal, State, and local laws and policies.

B. This chapter shall not apply to any drones used by the City or any City-contracted agent or agency engaging in City business, including, but not limited to: flight training, surveying and mapping property, inspecting infrastructure, monitoring traffic, or recording local events. (Ord. No. 2020-1056, § 1, 2-24-2020)

9.20.060 - Commercial operations.

A In addition to the other requirements of this chapter, commercial drone operators must comply with all applicable FAA, federal, State, and local regulations while operating within the City.

B. A business license must be obtained from the City before commencing any commercial drone activities within the City. If commercial drone activities involve operating in, or passing through, multiple jurisdictions, the commercial drone operator is responsible for paying the proportionate business license fees and taxes due to the City for the proportion of operations occurring within the limits of the City and its airspace.

C. Commercial drone operators must submit a report to the City prior to commencing commercial &one operations. The report must include the intended flight plan, areas of operation, and the purpose of the commercial operations. (Ord. No. 2020-1056, § 1, 2-24-2020)

9.20.070 - Enforcement.
about:blank
A Any condition created, caused, committed, or maintained in violation of any provision of this chapter is hereby declared to be unlawful and a public nuisance.

B. Any person who engages in a violation of this chapter, or who owns, possesses, manages, controls, or has charge of any drone in violation of this chapter, shall be subject to the penalties and remedies provided by this chapter.

C. Any violation of this chapter shall constitute a separate offense for each and every day the violation occurs or persists.

D. Any person in violation of any provision of this chapter may:

1. Be guilty of a misdemeanor, punishable by imprisonment of up to six months in County jail, or by a fine not exceeding $1,000.00, or by both; or

2. Be punished by an administrative fine pursuant to title 19. .617
2/15/23, 1:03 PM Ce~es, CA Municlpal Code
E. Any intentional injury or property damage caused while operating a drone will be referred to the County District Attorney for criminal prosecution.

F. Upon any violation of this chapter, the City Manager's Designee, any Emergency Responder, or any other law enforcement officer (collectively "Officer") shall be authorized to use reasonable force to cause the violating drone to land on the ground. Neither the City, nor the Officers involved, shall be liable for any damage to a drone caused by an Officer while enforcing this chapter.

G. Neither the City, nor any Emergency Responders involved, shall be liable for any damage to a drone caused by the Emergency Responder while performing emergency services if such damage was reasonably necessary to ensure unhindered performance of emergency services.

H. Any drone found to be operated in violation of this chapter may be impounded and held as evidence in any enforcement proceeding, including a proceeding brought under this chapter.

Any impounded drone will be returned at the conclusion of any enforcement proceeding upon payment to the City of an Impound fee established by City Council resolution.

I. The expenses of seizing, eradicating, destroying, or taking remedial action with respect to any impounded drone shall be recoverable from the owner and operator of the drone. Proof of liability for any forfeiture petition under this chapter shall be by a preponderance of the evidence.

J. These penalties and remedies are cumulative, and in addition to any other penalties and remedies available to the City.
(Ord. No. 2020-1056, § 1, 2-24-2020)
aboutb!ank 7ll

2.66.180 Operation of model airplanes and certain other vehicles prohibited I Chula Vista Municipal Code Page 1 of 1

2.66.180 Operation of model airplanes and certain other vehicles prohibited.

Except In an area designated with slgnage by the Director of Public Works for that purpose, or authorized by permit from the Director of Recreation or their designees, it is unlawful to operate any model airplane, model car, go-cart, sky lanterns, fighting kites, drones or similar self-propelled device, toy or model within any City park or recreation area. (Ord. 3322 § 1, 2014; Ord. 2651 § 1, 1995; Ord. 1557 § 1, 1974; Ord. 1179 § 1 Art. 3; Ord. 857 § 2(LJ; prior code § 21.3.2(16)).

The Chula Vista Municipal Code is current through Ordinance 3539, passed December 6, 2022.

Disclaimer: The City Clerk's Office has the official version of the Chula Vista Municipal Code. Users should contact the City Clerk's office for ordinances passed subsequent to the ordinance cited above.

To be notified when additions, amendments, or revisions are made to the code, send your e-mail address to (be sure to add "Chula Vista Municipal Code" in the subject line) [email protected].

City Website: www.chulavistaca.gov
Code Publishing Company
The Chula Vista Municipal Code Is current through Ordinance 3539, passed December 6, 2022. 2115123, 2:01 PM Del Mar, CA Municipal Code
Chapter 9.40 - Regulation of Unmanned Aircraft Systems (UAS)

9.40.01 O - Definitions.

For the purposes of this Chapter:

A. "Unmanned Aircraft" shall mean an aircraft without a human pilot onboard, that is controlled by an operator on the ground, and is operated without the possibility of direct human intervention from within or on the aircraft

8. "Unmanned Aircraft System (UAS)" refers to any Unmanned Aircraft or drone and associated elements, including, but not limited to, any communication links and components that control the Unmanned Aircraft.

C. "Civil UAS" refers to an Unmanned Aircraft or Unmanned Aircraft System operated for any purposes other than strictly hobby or recreational purpose, including, but not limited to, commercial purposes or in the furtherance of or incidental to, any business or media service or agency.

D. "Model UAS" refers to any Unmanned Aircraft or Unmanned Aircraft System operated by any person for hobby or recreational purposes,
E. "Public UAS" shall mean an Unmanned Aircraft or unmanned Aircraft System operated by any public agency for government related purposes.

F. "Operator" means the individual piloting the Unmanned Aircraft.

G. "Operator's Assistants" means any indivlciuals assisting with or piloting the Unmanned Aircraft with the Operator.

H. "FAA" means the Federal Aviation Administration.

I. "Emergency responder" means any first emergency responder including but not limited to law enforcement, firefighters, paramedics, or any emergency rescue service.

J. "Animal" means any pet or wildlife.
(Ord. No. 963, §§ 1, 2, 5-18-2020)

9.40.020 - Operating Requirements.

The following shall apply to any Model UAS or Civil UAS operating in the City at a point lower than within 400 feet from ground level or 400 feet from the top of a structure:

No person shall operate (fly or launch) any UAS or Model Aircraft about: blank
A. No person shall operate any Model UAS or Civil UAS within the City in a manner that is prohibited by federal or state statute or regulation.
113
2/15/23, 2:01 PM Del Mar, CA Munlc!pal Code
B. No person shall operate any Civil UAS for commercial use within the City without a Cityissued Operations Permit for Commercial Filming.

C. No person shall takeoff, land or operate any Model UAS or Civil UAS within the airspace overlaying Seagrove Park, Powerhouse Park, Crest Ridge Park, the Scripps Bluffs Preserve, or a City beach (with the exception of over the ocean), without a City-issued Operations Permit.

D. No person shall takeoff, land or operate any Model UAS or Civil UAS while under the influence of alcohol or any other drugs, intoxicating compound or any combination thereof.

E. No person shall takeoff, land or operate any Model UAS or Civil UAS within four hundred (400) feet of any active law enforcement or emergency response incident in a manner that interferes with firefighting, police activity or other emergency response activity per California Penal Code Sections 148.2 and 402.

F. Excluding takeoff and landing, no person shall operate any Model UAS or Civil UAS within 2S feet of any individual except the Operator and any of the Operator's Assistants.

G. No person shall operate any Model UAS or Civil UAS in a careless or reckless manner that endangers the life or property of another.

H. No person shall operate any Model UAS or Civil UAS in a manner that serves to harass, stalk, disturb, frighten, intimidate, injure, threaten, victimize or otherwise cause mental or emotional distress to any person or animal on public or private property, including the capturing, recording, or transmission of any images, audio recordings, or any live or recorded videos of any person with a reasonable expectation of privacy.

I. No person shall operate any Model UAS or Civil UAS in the airspace above a school, during school hours or school events without prior written permission from school officials.

J. Operation of any Model UAS or Civil UAS in the airspace of the Fairgrounds must adhere to the policies and regulations of the 22nd District Agricultural Association.

K. No person shall operate any Model UAS or Civil UAS that contains, or has attached, any type of weapon or explosive device.

L. No person shall operate any Model UAS or Civil UAS within the airspace of any City-owned facilities, including but not limited to, the Del Mar Civic Center, Public Works facilities and reservoirs, Powerhouse Community Center, Beach Safety Center, or any other public safety and/or law enforcement facility without prior written authorization from the City.

M. No person shall takeoff, land, or operate any Model UAS or Civil UAS within four hundred (400) feet of any publicly permitted events without prior notification and authorization from the City.
(Ord. No. 963, §§ 1, 2, 5-18-2020)
about: blank 213
2/15/23, 2:01 PM Del Mar, CA Municipal Code

9.40.030 - Exemptions.

A. The provisions of section 9.40.020 do not apply to any UAS operated pursuant to and in compliance with the conditions of a valid film or special event permit issued by the City, or to any Public UAS.

B. This chapter shall not apply to any Public UAS that is operated by the City in compliance with all federal laws, regulations and applicable City policies for purposes including, but not limited to:

1. Search and rescue operations;

2. Damage assessments;

3. Law Enforcement purposes;

4. Managing special events;

5. Monitoring traffic;

6. Situational awareness of critical incidents;

7. Monitoring and managing wildfires;

8. Training and support for all previously mentioned scenarios;

9. Managing other City operations and Capital Investment Projects. (Ord. No. ilia,§§ 1, 2, 5-18-2020)

9.40.040 - Violations.

Enforcement of the provisions of this Title shall be accomplished in accordance with the procedures contained in Title 1 of this Code.
(Ord. No. 963, §§ 1, 2, 5-18-2020)

9.40.050 - Complaints of Violation.

Whenever a violation of this Chapter occurs or is alleged to have occurred, any person may file a complaint in regard thereto. All such complaints shall be in writing and signed by the complainant and shall fully state the location of the alleged violation, the cause of the complaint, and basis thereof. Upon receipt of a complaint, the enforcement officer shall cause an investigation of the alleged violation and take action thereon as provided by this Chapter.
(Ord. No. ilia,§§ 1, 2, 5-18-2020)
about: blank 3/3
2/15/23, 1:28 PM Chapter 8.90 DRONES AND UNMANNED AIRCRAFT SYSTEMS Garden Grove, California Municipal Code
Title 8 PEACE, SAFETY AND MORALS
Chapter 8.90 DRONES AND UNMANNED AIRCRAFT SYSTEMS

8.90.010 Purpose and Findings

8.90.020 Definitions

8.90.030 Local Regulations of Unmanned Aircraft Systems

8.90.040 Prohibition Against Reckless Endangerment

8.90.050 Time, Place, and Manner Restrictions

8.90.060 Exemptions for Public UAS

8.90.010 Purpose and Findings
The operation of unmanned aircraft, commonly known as drones, can at times pose a hazard to fullscale aircraft in flight and to persons and property on the ground. Imposing community-based safety requirements and restrictions on the operation of unmanned aircraft that do not preempt federal aviation rules or authority, or state law, is necessary to mitigate such risks and to protect the public from the hazards associated with the operation of unmanned aircraft. (2879 § 1, 2017)

8.90.020 Definitions
For purposes of this chapter, the following definitions shall apply, unless another or a different meaning is clearly intended from the context in which the phrase or words are used:
"Unmanned Aircraft System (UAS)" means an aircraft without a human pilot onboard, that is controlled from an operator on the ground, and operates without the possibility of direct human intervention from within or on the aircraft.
"Drone" refers to any UAS.
"FM" means the Federal Aviation Administration.
https:/J!ibrary.qcode.usll!b/garden_grove_ca/pub/munlc!pal_code/ltem/t!tfe_8-chapter_8_90?view=all 1/3 2/15/23, 1:28 PM Chapter 8.90 DRONES AND UNMANNED AIRCRAFT SYSTEMS "Visual line of sight" means that the operator has an unobstructed view of the UAS. The operator must use his or her own natural vision (which includes vision corrected by standard eyeglasses or contact lenses) to observe the UAS. People other than the operator may not be used in lieu of the operator for maintaining visual line of sight. The use of vision-enhancing devices, such as binoculars, night vision goggles, powered vision magnifying devices, and goggles or other devices designed to provide a "first-person view" from the UAS do not constitute visual line of sight of the operator. "Public UAS" means a UAS that is used or operated on behalf of any government agency that meets the qualifications as defined in Section 40102 of Title 49 of the United States Code to operate a public aircraft. (2879 § 1, 2017)

8.90.030 Local Regulations of Unmanned Aircraft Systems A. No person shall take off or land a UAS outside of the person's visual line of sight.

8. No person shall take off or land a UAS within 25 feet of another individual, except the operator or the operator's designee.

C. No person shall take off or operate a UAS on private property without the consent of the property owner.

D. No person shall take off or land UAS over permitted public events unless granted written or electronic permission by the City.

E. No person shall take off or land a UAS within 1500 horizontal feet of any aircraft.

F. No person shall take off or land a UAS that has any type of weapon attached to it (2879 § 1, 2017)

8.90.040 Prohibition Against Reckless Endangerment
No person shall take off or land a UAS in a reckless manner so as to create a substantial risk of serious physical injury to any person or substantial risk of damage to the property of another. (2879 § i, 2017)

8.90.050 Time, Place, and Manner Restrictions
A. No person shall take off or land a UAS within 500 feet of any emergency vehicle that is operating with lights and/or sirens.

8. No person shall take off or land a UAS within 500 feet of any active law enforcement or emergency response incident.

C. No person shall take off or land a UAS in violation of any Temporary Flight Restriction or Notice to_Airmen issued by the FAA.

D. No person shall take off or land a UAS wtthin 100 feet of a school facility without prior notification and authorization of school officials.
https://Jlbrary.qcode.us/lib/garden _grove_ ca/pub/municipal_ code/item/title_ 8-chapter _ 8 _ 90?view=all 213 2115123, 1:28 PM ChapterB.90 DRONES AND UNMANNED AIRCRAFT SYSTEMS E. No person shall take off or land a UAS within 500 feet of any county or city owned jails, holding facilities, law enforcement facility, or within 100 feet of any public building or facility without prior notification and authorization of the City. (2879 § 1, 2017)

8.90.060 Exemptions for Public UAS
The regulations in this chapter shall not apply to any public UAS or to any UAS weighing less than

0.55 lbs. (2879 § 1, 2017)
Contact:

City Clerk: 714-741-5040
Published by Quality Code Publishing, Seattle, WA. By using this site, you agree to the terms of use. https://l!brary.qcode.us/l!b/garden_grove _ ca/pub/munlctpal_ code/item/title_ 8-chapter _ 8 _ 90?vlew=alf 313

HERMOSA BEACH
Chapter 9.38

DRONES, UNMANNED AIRCRAFT AND MODEL

AIRCRAFT
Sections:

9.38.010 Purpose aud findings.

9.38.020 Definitions.

9.38.030 Operating permit required.

9.38.040 Operating requirements and restrictions.

9.38.050 Violations.

9.38.060 Exemptions.

9.38.010 Purpose and findings.I~ -~Bil~~:::1
The operation of unmanned aircraft such as model aircraft and civil unmanned aircraft systems ("UAS"), commonly known as drones, can at times pose a hazard to full-scale aircraft in flight and to persons and property on the ground. hnposing community-based safety requirements on the operation of model aircraft and imposing restrictions on the operation of both model aircraft and civil UASs consistent with federal aviation rules and state law is necessary to mitigate such risks and to protect the public from the hazards associated with the operation of unmanned aircraft. (Ord. 16-1363 §1(part),2016)

9.38.020 DefinitionsJg_=sliflili:=]
The following words, phrases and terms as used in this chapter shall have the meanings indicated as follows:
"Civil UAS" shall mean an unmanned aircraft or unmanned aircraft system operated by any person for any purposes other than strictly hobby or recreational purposes, including, but not limited to, commercial purposes or in finiherance of, or incidental to, any business or media service or agency.
"Model aircraft" shall mean an unmanned aircraft or unmanned aircraft system operated by any person strictly for hobby or recreational purposes.
"Person" shall mean any individual, partnership, corporation, or joint venture. "Public UAS" shall mean an unmanned aircraft or unmanned aircraft system operated by any public agency for government related purposes.
"Unmanned aircraft" shall mean an aircraft, including, but not limited to, an aircraft commonly !mown as a drone, that is operated without the possibility of direct human intervention from within or on the aircraft,

HERMOSA BEACH
"Unmanned aircraft system" shall mean an unmanned aircraft and associated elements, including, but not limited to, any communication links and components that control the unmanned aircraft. (Ord. 16-1363 §l (part), 2016)
9 38 030 0 ti •t . d ID sliiiR"E'l . . pera ng perm1 require . ·-·--···-············· A. Generally. An operating permit shall be required for every unmanned aircraft and unmanned aircraft system operated in the city. No person shall operate an unmanned aircraft or unmanned aircraft system in the city without first obtaining an operating permit and obtaining an identification number assigned by the city and submission of a copy of the certificate of aircraft registration/proof of ownership issued by the Federal Aviation Administration.

B. Applications. An application for a UAS operating permit shall be on a form provided by the city and _show:

1. Name and phone number of the operator;

2. Make, model and serial or N-number ofUAS to be permitted;

3. A description of proposed flight activity, including whether fihning, talcing of visual images and/or sound recording will occur;

4. Copy of certificate of aircraft registration/proof of ownership issued by the Federal Aviation Administration;

5. A signed statement certifying that the applicant knows how to operate the UAS and is aware of and agrees to operate it in full compliance with its operating instructions and with the provisions of this chapter and any other federal or state laws governing its operations;

6. A signed statement acknowledging that only the applicant may operate the UAS in the city;

7. A signed indemnification clause protecting the city from liability;

8. Such other infonnation as may be requested by the city; and

9. Payment of an application filing fee in an amount as set forth in the city's master fee resolution. The filing fee for a UAS found to be operating in the city without a permit shall be tripled.

C. Placement. The pennit sticker and identification number shall be placed on the body of the unmanned aircraft or unmanned aircraft system in a conspicuous location on the earth-facing surface of the device and in a manner clearly visible from the ground. Placement of stickers shall be subject to approval of the city or performed by the city.

HERMOSA BEACH
D. Issuance of Permit. The permit will include a copy of the operating rules set forth in this chapter. Permits will be issued for a period of one (1) year and may be renewed annually upon filing of a renewal application and payment of a renewal fee as set forth in the city's master fee resolution. A permit shall not be issued ifthe applicant is found to have operated the UAS in violation of Section 9.38.040 or renewed if grounds exist for revocation.

E. Assignment. The permit is not assignable. No person other than the applicant may operate the UAS within the city.

F. Revocation. The permit may be suspended or revoked if the city manager, or his/her designee finds based on a preponderance of the evidence, after the permittee is afforded notice and an opportunity to be heard, that the pe1mittee has violated any provision of this chapter. A decision by the city manager may be appealed to the city council; the decision of the council shall be final. (Ord. 16-1363 §1(part),2016)

9.38.040 Operating requirements and restrictions.iQ~~H~~f::] A. No person shall operate any model aircraft or civil UAS within the city in a manner that interferes with manned aircraft, and model aircraft shall always give way to any manned aircraft.

B. No person shall operate any model aircraft within the city beyond the visual line of sight of the person operating the model aircraft. The operator must use his or her own natural vision (which includes vision corrected by standard eyeglasses or contact lenses) to observe the model aircraft. People other than the operator may not be used in lieu of the operator for maintaining visual line of sight. Visual line of sight means that the operator has an unobstructed view of the model aircraft. The use of vision-enhancing devices, such as binoculars, night vision goggles, powered vision magnifying devices, and goggles or other devices designed to provide a "firstperson view" from the model, do not constitute the visual line of sight of the person operating the model aircraft.

C. No person shall operate any model aircraft or civil UAS within the city other than during daylight hours defined as between official sunrise and official sunset for local time, unless proof of authorization to do so by the Federal Aviation Administration is provided to the city.

D. No person shall operate any model aircraft within the city more than four hundred (400) feet above the earth's surface, unless proof of authorization to do so by the Federal Aviation Administration is provided to the city.

E. Excluding takeoff and landing, no person shall operate any model aircraft or civil UAS within the city closer than twenty-five (25) feet to any individual, except the operator or the operator's helper(s).

F. No person shall operate any model aircraft or civil UAS within the city in a manner that is prohibited by any federal or state statute or !'egulation governing aeronautics, including but not limited to Public Utilities Code Section 24107 and Federal Aviation Rule 91.13.

HERMOSA BEACH
G. No person shall operate any model aircraft or civil UAS within the city in violation of any temporary flight restriction or notice to airmen issued by the Federal Aviation Administration.

H. No person shall operate any model aircraft or civil UAS within the city to capture, record or transmit any visual image or audio recording of any person or private real property located in the city under circumstances in which the subject person or owner of the subject real property has a reasonable expectation of privacy (including, but not limited to, inside a private office and inside a hotel room). This provision is intended to supplement, rather than duplicate, the prohibition against trespassing into the air space above the land of another person in order to capture any type of visual image or sound recording of a person engaging in a private, personal, or familial activity in a manner that is offensive to a reasonable person, pursuant to California Civil Code Section 1708.8.

I. Unless authorized by federal law, no person shall knowingly and intentionally operate any model aircraft or civil UAS on the grounds of, or less than three hundred fifty (350) feet above ground level within the airspace overlaying, a pnblic school in the city providing instruction in kindergarten or grades one (1) to twelve (12), inclusive, during school hours and without the written pe1mission of the school principal or higher authority, or his or her designee, or equivalent school authority.

J. Unless authorized by federal law, no person shall knowingly and intentionally use any model aircraft or civil UAS to capture images of public school grounds in the city providing instruction in kindergarten or grades one (1) to twelve (12), inclusive, during school hours and without the written permission of the school principal or higher authority, or his or her designee, or equivalent school authority.

K. No person shall operate any model aircraft or civil UAS in a manner that interferes with firefighting, police activity or emergency response activity as detailed in California Penal Code Sections 148.2 and 402.

L. No person shall operate any model aircraft or civil UAS within the airspace overlaying the civic center complex or a city park or the beach during a scheduled special event unless authorized to do so in the special event pe1mit.

M. No person shall operate any model aircraft or civil UAS within the city in a manner designed, intended or which serves to harass, stalk, vex, annoy, disturb, frighten, intimidate, injure, threaten, victimize or place in extreme mental or emotional distress any particular person, whether that person is located on public or private property. The conduct described in this subsection includes, but is not limited to, using a model aircraft or civil UAS to follow and film, video-record, live-su·earn or photograph a person who has not consented to such activity. (Ord. 16-1363 §1 (part), 2016)

9.38.050 Violations.f~.f~ii_ii~§.:~~]
It shall be unlawful for any person to violate or fail to comply with this chapter. Any person violating the provisions of this chapter shall be guilty of a misdemeanor and subject to the

HERMOSA BEACH
provisions of Chapter 1.04. Any UAS or model aircraft found to be operated in violation of this chapter may be impounded and held as evidence in any enforcement proceeding brought under this chapter. An impounded UAS or model aircraft will be returned at the conclusion of any enforcement proceeding upon payment to the city of an impound fee as set forth in the city's master fee resolution. (Ord. 16-1363 §1 (part), 2016)

9.38.060 ExemptionsJ'-fsiiE~~-:-_::1
The permit requirement set forth in Section 9.38.030 shall not apply to any civil UAS operated pursuant to and in compliance with the terms and conditions of a valid city-issued film permit or special event permit with Federal Aviation Administration authorization or any public UAS operated pursuant to, and in compliance with, the terms and conditions of any cun-ent and enforceable authorization granted by the Federal Aviation Administration. (Ord. 16-1363 § 1 (part), 2016)
2/15/23, 1:25 PM
Section
https:/lexport.atnf ega1.com/apl/export-requests/02818025-2eD1-428e-88e 7 -f ca9de3f1 35a/downloadf CHAPTER 105: DRONE REGULATIONS
105.01 Purpose and Intent
105.02 Definitions
105.03 Operating Requirements and Restrictions
105.04 Protected Sites
105.05 Exemptions
105.06 Commercial Operations
105.07 Enforcement
§ 105.01 PURPOSE AND INTENT.

The purpose and intent of this Chapter is to effectively regulate Unmanned Aircraft Systems ("Drones") within the City in order to promote the health, safety, and general welfare of City residents.

The City seeks to implement appropriate regulations of Drones pursuant to the City's police powers and its authority to issue regulations related to zoning, land use, privacy, trespass, and law enforcement operations. All regulations herein are intended to protect the health, safety, and welfare of the public and address specific areas of local municipal concern where a Drone incident could cause harm and injury. It is not intended to restrict persons operating commercial Drones in compliance with all applicable FAA rules and other applicable laws, or outside of prohibited areas. This Chapter is not intended to preempt FAA rules, but to operate in conjunction with those rules to promote public safety and privacy while recognizing the limitations in the FA/:\s enforcement authority. (Ord. 1731, passed 3-7-18)
§ 105.02 DEFINITIONS.

For purposes of this Chapter, the following definitions shall apply, unless the context clearly indicates otherwise:
(A) "CITY MANAGER'S DES/GNEE' means the City Manager or any agent of the City as designated by the City Manager.
(B) "EMERGENCY RESPONDER" shall mean any person engaged in providing emergency services who is an agent of the City, the County of Riverside, a public agency, a law enforcement agency, the fire department, or a public safety organization. (C) "FAA" means the Federal Aviation Administration.
(D) "PERSON' shall mean and include any natural person, corporation, company, firm, association, organization, co-partnership, joint venture, trust, business trust, syndicate, estate, receiver, society, club, fraternal organization, any group or combination acting as a unit, and any officer, agent, employee, or servant of any of the foregoing.
(E) "SPECIAL EVENT' shall mean any event, assembly, or gathering held on public land or openair facility, private property, or commercial or industrial facility that is open to the public and intended to https://export.amlegal.com/apl/export-requests/02818025-2a01-428e-88e7-fca9de3f135a/download/ 116 2115123, 1 :25 PM https:/Jexport.am!egal .com/api/export-requests/0281 B025~2e01-428e-88e7-fca9de3f135a/download/ attract people. This includes, but is not limited to, sporting events, concerts, festivals, farmer's markets, and other similar events.
(F) "UNMANNED AIRCRAFT SYSTEM' or "DRONE' means an aircraft without a human pilot on board, that is controlled from an operator on the ground, and operates without the possibility of direct human intervention from within, or on, the aircraft.
(G) "VISUAL LINE OF SIGHT' refers to the ability of a Drone operator to have a direct, unaided, and unobstructed view of the operator's controlled Drone. The use of vision-enhancing devices, such as binoculars, night vision goggles, powered vision magnifying devices, goggles, or other devices designed to provide a "first-person" view from the Drone, do not constitute Visual Line of Sight. (Ord. 1731, passed 3-7-18)
§ 105.03 OPERATING REQUIREMENTS AND RESTRICTIONS.

No person shall operate any Drone in a manner that is prohibited by any federal, State, or local regulations. The following shall apply to the operation of Drones within the City:
(A) No person shall operate any Drone in the City beyond the Visual Line of Sight of the person operating the Drone.
(B) No person shall operate any Drone other than during daylight hours. (C) No person shall operate any Drone more than 400 feet above the earth's surface and no faster than 50 miles per hour unless written proof of authorization to do so by the FAA is provided to the City and verified.
(D) Excluding takeoff and landing, no person shall operate any Drone closer than 25 feet to any individual, except the operator or agents of the operator. (E) No person shall operate any Drone under the influence of alcohol, marijuana, or any other drug or intoxicating compound.
(F) No person shall operate any Drone in a careless or reckless manner so as to endanger the life, safety, health, or welfare of another person or another person's property. The standard for what constitutes careless and reckless operation under this Subsection shall be the same as the standard set forth in any federal statutes or regulations governing aeronautics including, but not limited to, Public Utilities Code section 21407 and Federal Aviation rule 91.13, 14 C.F.R. § 91.13. (G) No person shall operate any Drone in a manner that violates an individual's reasonable expectation of privacy, as set forth by all applicable State laws, or record or transmit any visual image, sound recording, or other physical impression of any person or private real property located in the City under circumstances in which the subject person or owner of the subject real property has a reasonable expectation of privacy, including, but not limited to, inside the premises or curtilage of a private residence, office, or hotel room, or inside an enclosed yard or exterior deck. (H) No person shall operate a Drone in a manner that directly interferes with the lawful efforts of any Emergency Responder to respond to or provide emergency services. (I) No person shall operate any Drone that contains, or has affixed or attached to it, hazardous materials, a weapon, a firearm, a bb device, an explosive, a device or container assembled for the purpose of causing an explosion, or any other item that may be used as a weapon. (J) No person shall operate any Drone in a way that interferes with manned aircraft, and the operator shall always yield to any manned aircraft.
(K) No person shall operate any Drone within the City in violation of any temporary flight restriction or "Notice to Airmen" issued by the FAA.
https://export.amlegal.comJapt/export-requests/02818025-2e01-428e-88e7-fca9de3f135a/downloadJ 216 2/15/23, 1 :25 PM https:J/export.amlegal.com/apl/export-requests/02818025-2e01 -428e-88e7 -fca9de3f135a/downfoad/ (L) No person shall operate any Drone less than 100 feet above any public street or sidewalk. (M) No person shall operate any Drone within 500 feet of any other privately-owned Drone. No person shall operate any Drone within 1,500 feet of any other publicly-owned Drone. Any person operating a Drone shall remain clear of, and not interfere with, any manned aircraft operations. Any person operating a Drone shall see and avoid other aircraft and obstacles at all times. (N) No person shall operate any Drone in a manner that interferes with a parade or motorcade. (0) Any person who causes injury to another person while operating a Drone shall comply with the following:
( 1) The operator shall notify the City's Police Department of the injury within 24 hours of the incident.
(2) The operator shall give the operator's name and current residential address to the City's Police Department, and shall also present a valid and unexpired form of identification issued by a State government or the United States federal government. (3) The operator shall render to any person injured during the Incident reasonable assistance, including transporting, or making arrangements for transporting, any injured person to a physician, surgeon, or hospital for medical or surgical treatment if it is apparent that treatment is necessary or if that transportation is requested by any injured person. (4) Each failure to report injury to another person as required by this Subsection shall constitute a separate violation of this Chapter.
(P) Any person who causes damage to the property of another person while operating a Drone shall comply with the following:
(1) The operator shall immediately locate and notify the owner or person in charge of the damaged property of the name and current residential address of the operator and of the owner of the Drone involved. The operator shall also present a valid and unexpired form of identification issued by a State government or the United States federal government. The operator shall determine the value of the damage and pay restitution to the damaged party. If the value of the damage to the property involved exceeds $1,000, the operator shall notify the City's Police Department within 24 hours of determining, or being informed of, the value of the damage. (2) In the event the owner or person in charge of the damaged property cannot reasonably be ascertained or located, the operator shall leave in a conspicuous place on the property damaged a written notice giving the name and current residential address of the operator and of the owner of the Drone involved, as well as a statement of the circumstances of the incident resulting in the property damage. The operator must also provide this information to the City's Police Department within 24 hours of the incident.
(3) Each failure to report an incident of property damage as required by this Subsection shall constitute a separate violation of this Chapter.
(Q) The City Manager, the Chief of Police, the Fire Chief, or their respective designees may issue "No Fly" proclamations prohibiting Drone operations as necessary to protect public safety. No Fly proclamations shall specify the locations, dates, and times that Drone operations are prohibited and shall be posted on the City's website, at City Hall, and at the Police Department. Drone operators are required to verify whether a No Fly proclamation is in effect prior to initiating Drone operations. No Fly proclamations may be imposed citywide or limited to certain areas and may be in effect for certain times or for certain dates in their entirety, as necessary to protect public safety. It is a violation to operate a Drone during No Fly hours, or to fail to immediately cease Drone operations after being notified by an agent of a public safety agency that a No Fly restriction is in effect. https://export.amfegal.com/ apllexport-requests/0281 8025-2e01-428e-88e7-fca9de3f1 35a/download/ 3/6 2/15/23, 1:25 PM https:l/export.amlegal.com/aplfexport·requests/02818025-2e01-428e-88e7-fca9de3f135aldownload/ (R) This Chapter shall not prohibit the use of Drones that both: (1) are flown in compliance with Section 336 of the Federal Aviation Administration Modernization and Reform Act of 2012; and (2) do not transmit or record visual images or audio recordings of any person or real property located in the City without the person or property owner's written consent. (Ord. 1731, passed 3-7-18)
§ 105.04 PROTECTED SITES.
(A) Ports, No person shall operate a Drone within 5 miles of any airport or nautical facility, unless authorized by the chief administrator of the facility in writing. (B) Government Buildings, No person shall operate a Drone within a 500-foot horizontal distance of any government building, unless authorized by the chief administrator of the building in writing. (C) City Hall. No person shall operate a Drone within a 500-foot horizontal distance of City Hall, unless authorized by the City Manager in writing.
(D) Courts. No person shall operate a Drone within a 500-foot horizontal distance of any courthouse, unless authorized by the supervising judge of the courthouse in writing. (E) Jails. No person shall operate a Drone within a 500-foot horizontal distance of any jail or prison facility, unless authorized by the chief administrator of the jail or prison facility in writing. (F) Police Station. No person shall operate a Drone within a 500-foot horizontal distance of any police station or structure, unless authorized by the Chief of Police in writing. (G) Sheriff Station. No person shall operate a Drone within a 500-foot horizontal distance of any sheriff's station or structure, unless authorized by the Sheriff in writing. (H) Fire Station. No person shall operate a Drone within a 500-foot horizontal distance of any fire station or structure, unless authorized by the Fire Chief in writing. (1) Schools, No person shall operate a Drone within a 500-foot horizontal distance of any school or school yard, unless authorized by the principal or superintendent of the school in writing. (J) Public Utility Facilities, No person shall operate a Drone within the airspace above or within a 500-foot horizontal distance of any public utility facility, including, but not limited to, any water, sewage, or electric generating facility, without the authorization of the chief administrator of the facility in writing (and subject to any restrictions that the chief administrator of the facility may impose). (K) Communication and Utility Lines. No person shall operate a Drone within the airspace above, or within a 100-foot horizontal distance of any, cell tower, overhead wire, cable, conveyor, or similar equipment for the transmission of sounds, signal, heat, light, power, utility, or data, or upon or along any public way within the City, without the authorization of the owner or chief administrator of the equipment In writing (and subject to any restrictions that the owner or chief administrator of the equipment may impose).
(L) Churches. No person shall operate a Drone within the airspace above any open-air assembly area, place of worship, or public building or facility, without the authorization of the chief administrator in (and subject to any restrictions that the chief administrator may impose). (M) Private Property. No person shall operate a Drone within the airspace above any populated or developed private property, unless authorized by the property owner in writing. This Subsection shall not apply to persons on the premises who are engaging in activities protected by the Constitutions of the State of California or the Uni.led States of America, or to persons who are on the premises at the request of a resident or management and who are not loitering or otheiwise violating any law or ordinance.
https://export.amlegaJ.com/api/export-requests/02818025-2e01-428e-8Be7-fca9de3f135a/download/ 4/6 2115/23, 1 :25 PM https://export.amlega!.comf api/export~requests/02B1B025~2e01-42Be-88e 7-fca9de3f135aldownload/ (N) Special Events. No person shall operate a Drone within a 500-foot horizontal distance of any Special Event in the City, unless authorized by the City Manager in writing. (Ord. 1731, passed 3-7-18)
§ 105.05 EXEMPTIONS.
(A) The provisions of this Chapter shall not apply to any Drone that is used or operated on behalf of the City or any law enforcement, public safety, or government agency in compliance with all applicable federal, State, and local laws and policies.
(B) This Chapter shall not apply to any Drones used by the City or any City-contracted agent or agency engaging in City business, including, but not limited to, surveying and mapping property, inspecting infrastructure, monitoring traffic, or recording local events. (Ord. 1731, passed 3-7-18)
§ 105.06 COMMERCIAL OPERATIONS.
(A) In atjdition to the other requirements of this Chapter, commercial Drone operators must comply with all applicable FAA, federal, State, and local regulations while operating within'the City. (8) A business license must be obtained from the City before commencing any commercial Drone activities within the City. If commercial Drone activities involve operating in, or passing through, multiple jurisdictions, the commercial Drone operator is responsible for paying the proportionate business license fees and taxes due to the City for the proportion of operations occurring within the limits of the City and its airspace.
(C) Commercial Drone operators must submit a report to the City prior to commencing commercial Drone operations. The report must include the intended flight plan, areas of operation, and the purpose of the commercial operations.
(Ord. 1731, passed 3-7-18)
§ 105.07 ENFORCEMENT.
(A) Any condition created, caused, committed, or maintained in violation of any provision of this Chapter is hereby declared to be unlawful and a public nuisance. (B) Any party who engages in a violation of this Chapter, or who owns, possesses, manages, controls, or has charge of any Drone in violation of this Chapter, shall be subject to the penalties and remedies provided by this Chapter.
(C) Any violation of this Chapter shall constitute a separate offense for each and every day the violation occurs or persists.
(D) Any person in violation of any provision of this Chapter shall be guilty of a misdemeanor and shall be punishable by a fine of up to $1,000 and by imprisonment of up to six months per offense per day.
(E) Any person in violation of any provision of this Chapter shall be punishable by an administrative fine of up to $1,000 per offense per day.
(F) Any intentional injury or property damage caused while operating a Drone shall constitute a crime.
(G) Upon any violation of this Chapter, the City Manager's Designee, any Emergency Responder, or any other law enforcement officer (collectively "Officer") shall be authorized to use reasonable force https :/f export.amlegal.com/api/export-tequests/02818025-2e01-428e-88e 7-fca9de3f135a/dawn load/ 516 21151231 1:25 PM https:/lexportamlegal.com/apl/export-requests/02818025-2e01-428e-88e7-fca9de3fi35a/download/ to cause the violating Drone to land on the ground. Neither the City, nor the Officers involved, shall be liable for any damage to a Drone caused by an Officer while enforcing this Chapter. (H) Neither the City, nor any Emergency Responders involved, shall be liable for any damage to a Drone caused by the Emergency Responder while performing emergency services if such damage was reasonably necessary to ensure unhindered performance of emergency services. (I) Any Drone found to be operated in violation of this Chapter may be impounded and held as evidence in any enforcement proceeding, including a proceeding brought under this Chapter. Any impounded Drone will be returned at the conclusion of any enforcement proceeding upon payment to the City of an impound fee as set forth by separate resolution. (J) The expenses of seizing, eradicating, destroying, or taking remedial action with respect to any impounded Drone shall be recoverable from the owner and operator of the Drone. Proof of liability for any forfeiture petition under this Chapter shall be by a preponderance of the evidence. (K) These penalties and remedies are cumulative, and in addition to any other penalties and remedies available to the City.
(Ord.1731, passed 3-7-18)
https://export.amlegal.cotn/api/export-requests/02818025~2e01-428e-88e7-fca9de3f135a/down/oad/ 616 2115123, 11:09AM La Mesa, CA Code of Ord1nancss

9.08.150 - Model aircraft prohibited.

No Individual or group of Individuals shall fly or operate any type of mode! aircraft, Including rockets, whether motorized or nonmotorlzed, with or without remote control In any city park, except for rubberband-powered aircraft, or a hand-launched, nonremotecontrol!ed model glider, each weigh Ing three ounces or less. (Ord. 2005-2760 § 5 (Exh. 5); September 27, 2005)

9.08.160 - Penalty.

It shall be unlawful for any person to violate any provision of this chapter. A vlo!at!on of any of the provisions or falling to comply with any mandatory requirements of this chapter shall constitute an infraction and shall be subject to the provisions of the genera! penalty clause as set out in Section 1 01 080 of the code of the city of La Mesa, except as provided fn Section 1 01 130 of this code. (Ord. 2005-2760 § 5 (Exh. 5); September 27, 2005)
about:btank 1/1
2/15/23, 1:51 PM Chapter 11.68 UNMANNED AIRCRAFT SYSTEM Lake Forest, California Municipal Code
Title 11 PEACE AND SAFETY
Division IX. Unmanned Aircraft System
Chapter 11.68 UNMANNED AIRCRAFT SYSTEM

11.68.01 O Purpose and findings.

11.68.020 Definitions.

11.68.030 Local regulations of UAS.

11.68.040 No reckless endangerment.

11.68.050 Time, place, and manner restrictions.

11.68.060 Exemptions.

11.68.010 Purpose and findings.

The operation of unmanned aircraft (UAS), commonly known as drones, can at times pose a hazard to full-scale aircraft in flight and to persons and property on the ground. Imposing communitybased safety requirements and restrictions on the operation of UAS that do not preempt federal aviation rules or authority, or state law, is necessary to mitigate such risks and to protect the public from the hazards associated with the operation of UAS. (Ord. 303 § 3, 2018)

11.68.020 Definitions.

For the purposes of this chapter, the following words and phrases shall have the meaning set forth, unless another or different meaning Is clearly intended from the context in which the phrase or words are used.
"Drone" refers to any UAS.
"FAA" means the Federal Aviation Administration.
"Person" means any individual, partnership, corporation, or joint venture. "Public UAS" means a UAS that is used or operated on behalf of any government agency that meets the qualifications as defined in Section 40102 of Title 49 of the United States Code to operate a public aircraft.
https://llbrary.qcode .us/lib/lake _forest_ oa/pub/munidpaf _code/item/title_ 11 ~dlvislon _ix~chapter _ 11_68?vlew=al! 113 2/15/23, 1:51 PM Chapter 11.68 UNMANNED AIRCRAFT SYSTEM "Unmanned aircraft system (UAS)" means an aircraft without a human pilot onboard, that is controlled from an operator on the ground, and operates without the possibility of direct human intervention from within or on the aircraft.
"Weapon" means any instrument, article or substance that, under the circumstances in which it is used, attempted to be used or threatened to be used, is readily capable of causing death or serious physical injury. (Ord. 303 § 3, 2018)

11.68.030 Local regulations of UAS.

A. No person shall takeoff or land a UAS within twenty-five (25) feet of another individual, except the operator or the operator's designee.

B. No person shall takeoff or land a UAS on private property without the consent of the property owner.

C. No person shall takeoff or land a UAS during permitted public events unless granted written or electronic permission by the City.

D. No person shall takeoff or land a UAS within one thousand five hundred (1,500) horizontal feet of any aircraft.

E. No person shall takeoff or land a UAS that has any type of weapon attached to it (Ord. 303 § 3, 2018)

11.68.040 No reckless endangerment.

No person shall takeoff or land a UAS in a reckless manner so as to create a substantial risk of serious physical injury to any person or substantial risk of damage to the property of another. (Ord. 303 § 3,2018)

11.68.050 Time, place, and manner restrictions.

A. Na person shall takeoff or land a UAS within five hundred (500) feet of any emergency vehicle that is operating with lights and/or sirens.

B. No person shall takeoff or land a UAS within five hundred (500) feet of any active law enforcement or emergency response incident.

C. No person shall takeoff or land a UAS in violation of any temporary flight restriction or notice to airmen issued by the FAA.

D. No person shall takeoff or land a UAS within one hundred (100) feet of a school facility without prior notification and authorization of school officials.

E. No person shall takeoff or land a UAS within five hundred (500) feet of any county or city owned jails, holding facilities, law enforcement facility, or within one hundred (100) feet of any designated publicly owned building chosen by the city.
https:/Jlibrary.qcode.us/Ub/lake _forest_ ca/pub/mun!clpal_ code/Item/title_ 11wdlvlsion_ix~chapter_11_68 ?vlew=all 2/3 2/15/23, 1:51 PM Chapter 11.68 UNMANNED AIRCRAFT SYSTEM F. No person shall operate a UAS over any public school or its related facilities during school hours. UASs may only be operated over public schools or their related facilities before or after school hours, on weekends, and during school-recognized holidays and closures. During times when UASs are operated over public schools and their related facilities, UASs shall not be equipped with a camera or any video recording device. (Ord. 303 § 3, 2018)

11.68.060 Exemptions.

A. This chapter shall not apply to any public UAS.

B. This chapter shall not apply to any UAS weighing less than 0.55 lbs. (Ord. 303 § 3, 2018) Contact:

City Clerk: 949-461-3420
Published by Quality Code Publishing, Seattle, WA. By using this site, you agree to the terms of use. https:/Jllbrary.qcode.us/lib/lake _forest_ ca/pub/municipal_ code/item/title_ 11 ~division _ix~chapter _ 11_68?view=all 3/3 2115/23, 1:36 PM

16.08.390 - Aircraft.

Long Beach, CA Mun!clpal Code
No person shall land, take off, or operate any aircraft on the waters of the marinas. (Ord. C-5625 § 4 (part), 1980: prior code§ 7222.4)

16. 12.250 - Aircraft.

No person shall land on, take off from, or operate any aircraft on the waters of the near shore ocean area.
(Ord. C-5625 § 6 {part), 1980: prior code§ 7231.13)
about:blank 1/1
2115/23, 11:04AM Chapter 8.52 UNMANNED AIRCRAFT SYSTEMS Los Alamitos, California Municipal Code
Title 8 HEALTH AND SAFETY
Chapter 8.52 UNMANNED AIRCRAFT SYSTEMS

8.52.010 Purpose.

8.52.020 Definitions.

8.52. 030 Local regulations of UAS.

8.52.040 No reckless endangerment.

8.52.050 Time, place, and manner restrictions.

8.52.060 Exemptions.

8.52.070 Violations-Penalties.

8.52.010 Purpose.

The purpose of this chapter Is to provide regulations which wm maintain the quality of life to residents, businesses, and visitors, through education and enforcement of unmanned aircraft system (UAS) operation within the city fimlts. (Ord. 2017-11 § 1, 2017}

8.52.020 Definitions.

For the purpose of this chapter, the following words and phrases shall have the meanings set forth below, unless another or different meaning is clearly intended from the context in which the phrase or words are used. "Drone~ refers to any UAS.
hUps:l/llbrary.qoode.uslltbJl011_alamilos_ca/pub/municipaL code/Uemflille_a-chapter_ a_ 52?view=a11 114 2115123, 11:04 AM Chap!t:ir 8,52 UNMANNED AIRCRAFT SYSTEMS "FAA" means the Federal Aviation Administration.
"Person" means any indivldual, partnership, corporation, or joint venture, Including those set forth in Title 1, Chapter 1.24 of the Los Alamitos Municipal Code.
~Public LIAS" means a UAS that is used or operated on behaff of any government agency that meets the qualifications as defined in Section 40102 of Title 49 of the United States Code to operate a public aircraft. "Unmanned aircraft system (UAS)" shall mean an aircraft, without a human pilot on board, that is controlled from an operator on the ground, to include, but not be Umited to, any communication links and components that control the LIA, and operates without the possibility of direct human intervention from within or on the aircraft. "Visual line of sfghtu means that the operator has an unobstructed view of the UAS. The operator must use his or her own natural vision (which Includes vision corrected by standard eyeglasses or contact tenses) to observe the UAS. People other than the operator may not be used in lieu of the operator for maintaining visual line of sighl The use of vision-enhancing devices, such as binoculars, night vision goggles, powered vision magnifying devices, and goggfes or other devices designed to provide a "first-person view" from the UAS do not constitute visual line of sight of the operator. (Ord. 2017-11 § 1, 2017)

8.52.030 Local regulations of UAS.

A No person shall takeoff or land a UAS outside of the person's visual line of sight.

B. No person shall takeoff or land a UAS within twenty-five (25) feet of another individual, except the operator or the operator's designee.

C. No person shall takeoff or rand a UAS on private property without the consent of the property owner.

D. No person shall takeoff or land a VAS during permitted public events unless granted written or electronic permission by the city.

E. No person shall takeoff or land a UAS within one thousand five hundred {1,500) horizontal feet of any aircraft.

F. No person shall tal<eoff or land a UAS that has any type of weapon attached to it. (Ord. 2017-11 § 1, 2017)

8.52.040 No reckless endangerment.
https:J/Ubrary,qcode,usnlbJlos _ a)am!tos_ ca/pub/municipal_ codeiitem/lille_ 8-chapter_ a_ 527\llaw""Sll 214 2115/23, 11:04AM Chapter 8.52 UNMANNED AIRCRAFT SYSTEMS No person shall takeoff or land a UAS !n a reckless manner so as to create a substantial risk of serious physical injury to any person or substantial risk of damage to the property of another. (Ord. 2017-11 § 1, 2017)

8.52.050 Time, place, and manner restrictions.

A. No person shall takeoff or land a UAS within five hundred (500) feet of any emergency vehicle that is operating with lights and/or sirens.

B. No person shall takeoff or land a UAS within five hundred (500} feet of any active law enforcement or emergency response Incident.

C. No person shall takeoff or land a UAS ln violation of any temporary flight restriction or notice to airmen Issued by the FAA.

D. No person shalt takeoff or fand a UAS within one hundred (100} feet of a school facility without prior notification and authorization of school officials.

E. No person shaft takeoff or !and a UAS within five hundred (500) feet of any county or city owned jails, holding facifiHes, law enforcement facility, or within one hundred (100) feet of any designated public~ owned building chosen by the city. (Ord. 2017-11 § 1, 2017)

8.52.060 Exemptions.

A. This chapter shall not apply to any publicly owned UAS.

B. This chapter shall not apply to any UAS weighing less than 0.55 pounds. (Ord. 2017-11 § 1, 2017)

8.52.070 Violations-Penalties.

A. Any violation of the provisions of this chapter shall be a misdemeanor.

B. All violations of the Code of Federal Regulations defined ln Tltle 14 C.F.R. Part 101 and TIUe 14 C.F.R. Part 107 will be reported to the Federal Aviation Administration (FAA). (Ord. 2017-11 § 1, 2017) https:IJHbrary.qcode.usnJbJ!os _a!am!tos _ ca/pub/munleipaL codalifam/Ulla_ 8-chapter_B_52?view=aH 3/4 2/15123, 11:04AM Chapter 8.52 UNMANNED AIRCRAFT SYSTEMS Contact:

City Clerk: 562-431-3538
Published by Quality Code Publishing, Seattle, WA. By using this site, you agree to the terms of use. hlfps://library,qcode,us/libJlos_ alamitos _ca/pub/munlcipaL code/ilemll!tla _ 8-chapti;ir_B _52?v!ew,,,aU 414 2/15123, 11:38AM https://export.atnlegal.com/api/export-requests/14a9ca51-ec50-42ae-b5ac-749a26fca28c/download/ SEC. 56.31. UNMANNED AIRCRAFT SYSTEMS.
(Added by Ord. No.183,912, Eff. 12/2/15.)
(a) For purposes of this section:

1. "Unmanned Aircraft" shall mean an aircraft, including, but not limited to, an aircraft commonly known as a drone, that is operated without the possibility of direct human intervention from within or on the aircraft.

2. "Unmanned Aircraft System" shall mean an Unmanned Aircraft and associated elements, including, but not limited to, any connnunication links and components that control the Unmanned Aircraft.

3. "Person" shall have the same meaning as set forth in Subsection (a) of Section 11.01 of this Code.

4. "Model Aircraft" shall mean an Unmanned Aircraft or Unmanned Aircraft System operated by any Person strictly for hobby orrecreational purposes.

5. "Civil UAS'0 shall mean an Unmanned Aircraft or Unmanned Aircraft System operated by any Person for any purposes other than strictly hobby or recreational purposes, including, but not limited to, connnercial purposes or in furtherance of, or incidental to, any business or media service or agency.

6. "Public UAS" shall mean an Unmanned Aircraft or Unmanned Aircraft System operated by any public agency for govemment related purposes.
(b) The following shall apply to the operation of any Model Aircraft within the City of Los Angeles:

I. No Person shall operate any Model Aircraft within the City of Los Angeles and within 5 miles of an airport without the prior express authorization of the airport air traffic control tower.

2. No Person shall operate any Model Aircraft within the City of Los Angeles in a manner that interferes with manned aircraft, and shall always give way to any manned aircraft.

3. No Person shall operate any Model Aircraft within the City of Los Angeles beyond the visual line of sight of the person operating the Model Aircraft. The operator must use his 01· her own natural vision (which includes vision corrected by standard eyeglasses or contact lenses) to observe the Model Aircraft.

People other than the operator may not be used in lieu of the operator for maintaining visual line of sight.

Visual line of sight means that the operator has an unobstructed view of the Model Aircraft. The use of vision-enhancing devices, such as binoculars, night vision goggles, powered vision magnifying devices, and goggles or other devices designed to provide a "first-person view" from the model, do not constitute the visual line of sight of the person operating the Model Aircraft.

4. No Person shall operate any Model Aircraft within the City of Los Angeles other than during daylight hours defined as between official sunrise and official sunset for local tinle.

5. No Person shall operate any Model Aircraft within the City of Los Angeles more than 400 feet above the earth's surface.

6. Excluding takeoff and landing, no Person shall operate any Model Aircraft within the City of Los Angeles closer than 25 feet to any individual, except the operator or the operator's helper(s). ( c) The following shall apply to the operation of any Model Aii·craft or Civil UAS within the City of Los Angeles:
https://export.amlegaLcom/aplf export~requests/14a9ca51~ec50~42ae~b5ac~7 49a26fca28c/dowtiload/ 1/2 2115/23, 11:38 AM https;//exporLamfegal.com/api/export-requests/14a9ca51..ao50-42ae-b5ac-749a26fca2Bc/download/

1. No Person shall operate any Model Aircraft or Civil UAS within the City of Los Angeles in a manner that is prohibited by any federal statute or regulation governing aeronautics.

2. No Person shall operate any Model Aircraft or Civil UAS within the City of Los Angeles in violation of any temporary flight restriction (TFR) or notice to airmen (NOTAM) issued by the Federal Aviation Administration.

3. No Person shall operate any Model Aircraft or Civil UAS within the City of Los Angeles in a careless or recldess manner so as to endanger the life or property of another. The standard for what constitutes careless and reckless operation under this section shall be the same as the standard set forth in any federal statutes or regulations governing aeronautics including but not limited to Federal Aviation Rule 91.13.
( d) It shall be unlawful for any Person to violate or fail to comply with this section. Any Person violatiog the provisions of this section shall be guilty of a misdemeanor and subject to the provisions of Subsection (1n) of Section 11. 00 of this Code.
( e) This section shall not apply to any Public UAS operated pursuant to, and in compliance with, the terms and conditions of any current and enforceable authorization granted by the Federal Aviation Administration. https:l/export.amlegaf .com/ apif export-requests/14a9ca51-eo50-42ae-b5ac-7 49a26fca28c/download/ 2/2

MANHATTAN BEACH
Chapter 3.70 - UNMANNED AIRCRAFT SYSTEMS.

3. 70.010 - Definitions.

For purposes of this Chapter:
"Civil UAS" shall mean an unmanned aircraft or unmanned aircraft system operated by any person for any purposes other than strictly hobby or recreational purposes, including, but not limited to, commercial purposes or in furtherance of, or incidental to, any business or media service or agency. "Model aircraft" shall mean an unmanned aircraft or unmanned aircraft system operated by any person strictly for hobby or recreational purposes.
"Person" shall have the same meaning as set forth in Section 1.08.130 of this Code. "Public UAS" shall mean an unmanned aircraft or unmanned aircraft system operated by any public agency for government related purposes.
"Unmanned aircraft" shall mean an aircraft, including, but not limited to, an aircraft commonly known as a drone, that is operated without the possibility of direct human intervention from within or on the aircraft.
"Unmanned aircraft system" shall mean an unmanned aircraft and associated elements, including, but not limited to, any communication finks and components that control the unmanned aircraft. (§ l, Ord. 16-0002, eff. March 3, 2016)

3.70.020-0peration of model aircraft and unmanned aircraft systems.

A The following shall apply to the operation of any model aircraft within the City.

1. No person shall operate any model aircraft within the City and within five (5) miles of an airport without the prior express authorization of the airport air traffic control tower.

2. No person shall operate any model aircraft within the City in a manner that interferes with manned aircraft, and shall always give way to any manned aircraft.

3. No person shall operate any model aircraft within the City beyond the visual line of sight of the person operating the model aircraft. The operator must use his or her own natural vision (which includes vision corrected by standard eyeglasses, contact lenses or surgery) to observe the model aircraft. Persons other than the operator may not be used in lieu of the operator for maintaining visual line of sight Visual line of sight means that the operator has an unobstructed view of the model aircraft. The use of vision-enhancing devices, such as binoculars, night vision goggles, powered vision magnifying devices, and goggles or other devices designed to provide a "first-person view" from the model, do not constitute the visual line of sight of the person operating the model aircraft.

4. No person shall operate any model aircraft within the City other than during daylight hours defined as between official sunrise and official sunset for local time.

5. No person shall operate any model aircraft within the City more than four hundred feet (400') above the earth's surface.

6. Excluding takeoff and landing, no person shall operate any model aircraft within the City closer than twenty-five (25) feet to any individual, except the operator or the operator's helper(s}.

B. The following shall apply to the operation of any model aircraft or civil UAS within the City:

1. No person shall operate any model aircraft or civil UAS within the City in a manner that is prohibited by any federal statute or regulation governing aeronautics.

MANHATTAN BEACH

2. No person shall operate any model aircraft or civil UAS within the City in violation of any temporary flight restriction (TFR) or notice to airmen (NOTAM) issued by the Federal Aviation Administration.

3. No person shall operate any model aircraft or civil UAS within the City in a careless or reckless manner so as to endanger the life or property of another. The standard for what constitutes careless and reckless operation under this Section shall be the same as the standard set forth in any federal statutes or regulations governing aeronautics including but not limited to Federal Aviation Rule 91.13.

4. No person shall operate any model aircraft or civil UAS which contains, or has affixed or attached to it, a weapon, gun, firearm, handgun, rifle, bb device, assault weapon, bomb, grenade, rocket, rocket-propelled projectile, any device or container assembled for the purpose of causing an explosion, or any other weapon.

C. It shall be unlawful for any person to violate or fail to comply with this Section. Any person violating the provisions of this Section shall be guilty of a misdemeanor.

D. This Section shall not apply to any public UAS operated pursuant to, and in compliance with, the terms and conditions of any current and enforceable authorization granted by the Federal Aviation Administration.
(§ 1, Ord. 16-0002, eff. March 3, 2016)

3.70.030- Prohibition against using an unmanned aircraft to record or transmit visual or audio recordings.

A. No person shall use an unmanned aircraft to record or transmit any visual image or audio recording of any person or private real property located in the City under circumstances in which the subject person or owner of the subject real property has a reasonable expectation of privacy (including, but not limited to, inside a prtvate residence or office, and inside an enclosed yard).

B. This Section shall not prohibit the use of any model aircraft, which is flown in compliance with section 336 of the FM Modernization and Reform Act of 2012 and which does not transmit or record visual images or audio recordings of any person or real property located in the City.

C. This Section shall not prohibit the use of any unmanned aircraft by law enforcement or public safety agencies:

1. If a warrant is issued authorizing the use of an unmanned aircraft; or

2. For the purpose of providing emergency management, fire, or police protection services in response to a life threatening emergency, or for surveying the condition of persons or property during a duly declared state of emergency; or

3. Under circumstances where a warrant would not otherwise be required by law. (§ 1, Ord. 16-0002, eff. March 3, 2016)
2/15123, 11:32AM 12.36. 130 Operation of models.

Napa, California Municipal Code

CITY OF NAPA MUNICIPAL CODE
Title 12 STREETS, SIDEWALKS AND PUBLIC PLACES
Chapter 12.36 PARK AND RECREATION AREA USE REGULATIONS

12.36.130 Operation of models.

A. No person shall fly motorized model airplanes or operate motorized model boats or motorized model automobiles or motorized model craft of any kind or description on land or water owned, managed, controlled or operated as a city park, playground, tot lot or other park or playground facility, except in areas set aside for those specific activities and with authorization and permit issued by the Director of Community Resources.

B. The Director of Community Resources shall be authorized to develop conditions of use or rules for the safe and orderly operation of models in those areas so designated. The Director of Community Resources shall have the right to prohibit violators of any rules established by the Director from operating any models on city maintained parks or facilities.

C. Hours for operation of gas powered models shall be from 9:00 a.m. to 5:00 p.m. Monday through Saturday, 12:00 noon to 4:00 p.m. Sunday or as posted by the Director of Community Resources. (093 022)
Contact:

City Clerk: 707-257-9503
Published by Quality Code Publishing, Seattle, WA. By using this site, you agree to the terms of use. https:/Jllbrary.qcode.us/Ub/napa_ca/pub/munlcfpal_code/!tem/clty_of~napa~municlpal_code~tltle_ 12-chapter_i2_36-12_36_130 1/1 2115/23, 1:45 PM https:J/export.amfegal.com/api/export~requests/1o4b74ef-9e9b-4987-a5aa-59e095daffi49/download/ SEC. 7 -301. PROHIBITED ACTIVITIES.

The following activities are prohibited at Ormond Beach:
(A) To bring, walk (whether leashed or unleashed), ride or release any domesticated animal including but not limited to cats, dogs, horses and pigs. This limitation shall not apply to a leashed dog being used as a service animal under the Americans with Disabilities Act. (B) To bring or release any non-domesticated or exotic animal. This prohibition shall not apply to the legally permitted release of rehabilitated wildlife, subject to the permission of the property owners. (C) To go within or interfere with any protected habitat area as designated by fencing, signage, or other method.
(D) To alter or remove any sand dune, plants or vegetation unless the activity is carried out pursuant to a validly issued permit and applicable legal requirements. (E) To camp as defined below:
(1) CAMP - means one or more of the following activities: pitching or occupying camp facilities; or the use of camp paraphernalia. These activities constitute camping when ii reasonably appears, in considering all the circumstances, that the individual, in conducting these activities, is in fact using the area as a living accommodation, regardless of the intent of the individual or the nature of any other activities in which they may be engaging.
(2) "Camp facilities" include, but are not limited to, tents, huts, temporary shelters, or other similar facilities.
(3) "Camp paraphernalia" includes, but is not limited to, tarpaulins, cots, beds, mattresses, sleeping bags, hammocks, cookware, cooking equipment, kitchen utensils, or other similar equipment. (F) To make or kindle a fire for any purpose.
(G) To operate any motorized vehicle. This prohibition shall include and apply to remotely operated vehicles such as airplanes, helicopters, cars and drones. This prohibition shall not apply to public safety vehicles (including Coast Guard vehicles), military aerial vehicles, or vehicles used as part of a permitted program or operation to protect natural resources. (H) To launch or fly a kite, kite board, or glider.
(Ord. No. 2906)
https://export.amlegal,com/ap!Jexport-requests/1o4b7 4ef-9e9b-4987-a5aa-59e095daf549/download/ 111 Pacific Grove Municipal Code

11.72.010 Launch or landing prohibited.

It is unlawful for any person to launch or land an aircraft, including a helicopter, drone, or other unmanned aircraft, without a permit. [Ord. 17-025 § 2, 2017; Ord. 1511 N.S. §I, 1986].

11. 72.020 Exceptions.

This chapter shall not apply if the following exceptions exist:
(a) A permit is issued by the city manager, or their designee; (b) The landing of an emergency aircraft is authorized by the chief of police, or their designee. [Ord. 17-025 § 2, 2017].

PASADENA
Chapter 9.45 - UNMANNED AIRCRAFT SYSTEMS

9.45.010 - Short title.

This chapter shall be known as "the drone ordinance" and serves as the city's regulation over unmanned aircraft systems.
(Ord. No. 7303, § 1, 5-22-2017)

9.45.020 - Definitions.

For the purpose of this chapter, certain words and phrases are defined in this section, unless it is apparent from the context that a different meaning is intended:

A "Drone" means any unmanned aircraft or unmanned aircraft system that can fly under the control of a remote pilot or by global positioning system guided autopilot mechanism.

B. "Filming permit" shall mean a filming permit issued through section 17.61.090 of this code.

C. "Person" shall mean any individual, partnership, corporation, or joint venture.

D. "Special evenf' shall mean any of the following: (1) any event, parade, exposition, fair or procession staged in or upon public places or sidewalks for which city services are required because of interference with normal vehicular traffic, pedestrian traffic or which will reasonably be expected to generate an extraordinary need for sanitation or other city services; (2) any event which has received a permit pursuant to Chapter 3.20 of this code; or (3) any sporting contest, any theatrical or musical performance or any exhibition held in any stadium, auditorium, sports area, playing field, theater, amphitheater, race track, skating rink or similar place pursuant to a valid license agreement, contract or permit which reserves said place for the event.
(Ord. No. 7303, § 1, 5-22-2017)

9.45.030 - Prohibitions.

Unless otherwise permitted under this chapter, persons are prohibited from taking off, operating, or landing a drone in any airspace or area within or over the following areas of the city:

A Flights over public streets and sidewalks, where a drone is operated in a careless or reckless manner so as to endanger the life or property of another, as these terms may be used by applicable Federal Aviation Administration regulations, including, but not limited to, 14 CFR Sections 91.13and/or107.23;
B. Special event or filming permit locations (during the time period of the special event or filming permit), unless the property owner, event/permit applicant, and police department air operations section have all provided their approval to the special events office, in writing; or C. Glenarm Power Plant, police and fire stations, city hall, the city yards, waler storage and electric transmission facilities, transit operations facilities, and light rail lines, facilities, and stations. (Ord. No. 7303, § 1, 5-22-2017)

9.45.040 - Exemptions.

This chapter shall not apply to the use of a drone as follows:

A By any law enforcement agency for lawful purposes and in a lawful manner.

PASADENA
B. By the city or city-contracted agent/agency engaging in city business, including, but not limited to, surveying and mapping property, inspecting infrastructure, monitoring traffic, and recording local events.
(Ord. No. 7303, § 1, 5-22-2017)

9.45.050 - Violation-Penalty.

It is unlawful for any person to violate or fail to comply with this chapter. Any person violating the provisions of this chapter shall be guilty of a misdemeanor and upon conviction thereof shall be punished as provided in Chapter 1.24 of this code.
(Ord. No. 7303, § 1, 5-22-2017)
2/15/23, 2:06 PM Chapter 8.98 DRONE OPERATIONS DURING PERIODS OF EMERGENCY RESPONSE Chapter 8.98

DRONE OPERATIONS DURING PERIODS OF EMERGENCY

RESPONSE
Sections:

8.98.010 Purpose.

8.98.020 Definitions.

8.98.030 Geographical zones of activity.

8.98.040 Prohibited activity.

8.98.050 Civil liability for enforcement services.

8.98.060 Reimbursement for costs of enforcement services.

8.98.070 Violations.

8.98.080 Reservation of legal options.

8.98.01 O Purpose.

The purpose of this chapter is to prohi~it persons from launching into flight, operating, and landing following flight, drones (as defined herein) during such times that the City of Poway is experiencing an emergency response, as defined herein. (Ord. 780 § 1, 2015)

8.98.020 Definitions.

As used in this chapter:

A. "Director" is defined as the Director of Safety Services, or such person designated by the City Manager or Director of Safety Services to act in the capacity of Director.

B. "Drone" is defined as an unmanned aircraft system, or an unmanned aerial vehicle, also known as remotely piloted aerial systems, used for either recreational or commercial purposes; which carries a payload consisting of one or more cameras for still pictures, video recording, or video streaming purposes; which may be a fully-automated flying vehicle or in a communication link and responsive to operator control and direction; and is carrying its own source of power; and is in communication with the operator by way of external control, remote systems. For the purposes of this chapter any drone https;//www.codepublish!ng.com!CAfPoway/#!/poway08/poway0898.html 114 2/15/23, 2:06 PM Chapter 8,98 DRONE OPERATIONS DURING PERIODS OF EMERGENCY RESPONSE operated by local, State or Federal law enforcement or emergency response personnel while acting in their official capacities shall not be included in this definition.

C. "Emergency response" means situations where a City, County, State, or Federal governmental agency, or any combination thereof, has initiated fire, paramedic, ambulance, or law enforcement services in response to an existing or threatened incident located within the City or within two miles of the City limits, involving a wildfire, structure fire, flooding, seismic activity, accident, or criminal activity, which could require the use of airplanes, helicopters, or drones to provide assessment of conditions or actual emergency services to aid victims, transport persons or animals, suppress fires, or investigate or intervene in criminal activity.

D. "Enforcement officer" means any officer or employee of the City, and any law enforcement officer employed by the San Diego County Sheriff's office, with the authority to enforce the Poway Municipal Code, including but not limited to a code compliance officer, inspector, deputy sheriff, and the Fire Marshal.

E. "Exempt drones" are defined as those drones owned or operated by (1) any local, State, or Federal agency while acting in their official capacities; and (2) any public utility as defined in this chapter, but only when used to assess and inspect the public utility's facilities during a period of emergency response and with the consent of the Director.

F. "Land" or "landing" means the controlled or uncontrolled return of a drone to the ground or to any structure, vehicle, or person located on the earth's surface. For the purpose of this definition a person is located on the earth's surface regardless of whether the person is in actual physical contact with the earth at the time of landing.

G. "Launch" means to set forth a drone into flight.

H. "Operation," for the purposes of this chapter, includes, but is not limited to, controlling a drone before, during, or after its flight into airspace. "Operation" can include active control of a drone in flight, controlling the flight of a drone based on pre-programmed instructions, or altering a pre-programmed flight of a drone, all handled remotely from the ground.

I. "Public utility" is defined as any gas corporation, electrical corporation, telephone corporation, telegraph corporation, water corporation, and sewer system corporation, each as defined in the Public Utilities Act of the State of California (Part 1 of Division 1 of the California Public Utilities Code, Section 201 et seq.).
https://www.codepubllshing.comfCA/Powayl#!/poway08/poway0898.htm! 2/4 2/15/23, 2:06 PM Chapter 8.98 DRONE OPERATIONS DURING PERIODS OF EMERGENCY RESPONSE J. "Quadrant" shall mean one of the four geographical zones in the City of Poway identified in PMC

8.98.030, each based upon public streets. Where a street that identifies a portion of a boundary of a quadrant terminates, its definition shall include all such property that would be included within the quadrant if the streets had extended in prolongations to the City lfmits.

K "Restricted" shall mean that certain drone activity is temporarily prohibited by this chapter. (Ord. 780 § 1, 2015)

8.98.030 Geographical zones of activity.

For the purposes of this chapter, during those periods of emergency response designated by the Director, the City shall be divided into four quadrants as follows:

A. Quadrant A: the northern portion of the City bounded by Espola Road and Green Valley Truck Trail to the south.

B. Quadrant B: the eastern portion of the City bounded by the east- and west-bound portions of Green Valley Truck Trail to the north, the north- and south-bound portions of Espola Road and Poway Road to the west, and Garden Road and Sycamore Canyon Road to the south.

C. Quadrant C: the southern portion of the City bounded by Poway Road and Garden Road to the north and Sycamore Canyon Road to the east.

D. Quadrant D: the western portion of the City bounded by Poway Road to the south, the north- and south-bound portions of Poway Road and Espola Road to the east, and the east- and west-bound portions of Espola Road to the north. (Ord. 780 § 1, 2015)

8.98.040 Prohibited activity.

No person shall launch, land, or operate a drone while that person is located in any quadrant identified by the Director as a restricted quadrant during any period of emergency response. The Director may identify one or more, including all, quadrants as restricted during any emergency response. This prohibition shall not apply to the operator of any exempt drone. (Ord. 780 § 1, 2015)

8.98.050 Civil liability for enforcement services.

Whenever a person launches, operates, or lands a drone in a restricted quadrant and a peace officer or code enforcement officer is called to the scene, the person or persons having control of the drone shall be liable for the cost of providing enforcement services during the response by enforcement officers, and any follow-up response by enforcement officers. (Ord. 780 § 1, 2015)

8.98.060 Reimbursement for costs of enforcement services. https:/lwww.codepub!ishing.com/CA/Poway/#!/powayos/poway0898.html 314 2/15123, 2:06 PM Chapter 8.98 DRONE OPERATIONS DURING PERIODS OF EMERGENCY RESPONSE The actual cost of enforcement services described in PMC 8 98.050 shall be deemed a debt owed to the City, and if not paid, may be recoverable in a civil action, and shall be recoverable in a civil action, including reasonable attorneys' fees and costs. (Ord. 780 § 1, 2015)

8.98.070 Violations.

A violation of any provision of this chapter or a failure to comply with any mandatory requirement of this chapter is subject to prosecution in accordance with Chapter 1.08 PMC and may be enforced through injunctive relief. Penalties for violation of the provisions of this chapter may result in a misdemeanor citation, punishable by a maximum of six months in jail and a $1,000 fine. In addition to any other remedies found in this code any person found to violate this chapter shall be subject to civil penalties in the amount of $1,000 for each and every offense. (Ord. 780 § 1, 2015)

8.98.080 Reservation of legal options.

The City of Poway does not waive its right to seek reimbursement for actual costs of enforcement services through other legal remedies or procedures. The procedure provided for in this chapter is in addition to any other statute, ordinance or law, civil or criminal. This chapter in no way limits the authority of peace officers or private citizens to make arrests for any criminal offense arising out of conduct regulated by this chapter. (Ord. 780 § 1, 2015) The Poway Municipal Code is current through Ordinance 858, passed December 6, 2022.

Disclaimer: The city clerk's office has the official version of the Poway Municipal Code. Users should contact the city clerk's office for ordinances passed subsequent to the ordinance cited above.

City Website: bl!ps://www.P-oway.org/
City Telephone: (858) 668-4530
Code PublishingJ&mpgn'i
hitps://www.codepubllshlng.com/CA/Poway/#!/powayOB/poway0898.html 414 2/15/23, 11 :49 AM Rancho Palos Verdes, CA Code of Ordinances

12.16.04D- Motorized or radio-controlled models.

No person shall operate any motorized or radio-controlled model in a park except in areas designated for such use, or upon written authorization from the city manager or the city manager's designee. In deciding whether to grant such authorization, the city manager or the city manager's designee shall consider time of day, relative crowding of the area requested, factors of public safety, availability of areas approved for such activities, and any other factor relevant to the welfare of those utilizing park or recreational facilities.
{Ord. 181 § 1 (part), 1984)
about: blank 1/1
2/15123, 1:06 PM Richmond, CA Code of Ordinances
Chapter 11.46 - UNMANNED AIRCRAFT SYSTEMS (DRONES}

11.46.01 O - Operating an unmanned aircraft system.

For the purpose of this section:
about:blank
(1) "Unmanned aircraft" is an aircraft, including but not limited to, an aircraft commonly known as a drone that is operated without possibility of direct human intervention from within or on the aircraft.
(2) "Unmanned aircraft system" (UAS) is an unmanned aircraft and associated elements, including, but not limited to, any communication links and components that control the unmanned aircraft that carries an apparatus that captures still (photographs} or moving images (videos} or any other payload.
(A} Every UAS weighing between .55 lbs and 55 lbs, and operating in the City shall be registered in accordance with the FAA Part 107 Registration requirements. UAS operators who do not register their UAS in accordance with the FAA Part 107 Registration requirements a re in violation of this section, and are subject to all applicable legal penalties enforced by the FAA.
(B} Every UAS that weighs over .SSlbs, and operates in the City shall have the assigned FAA registration numbers affixed to the UAS as required by the FAA. (C) No person shall operate a UAS to record or transmit any visual image or audio record of any person or private real property located in the City under circumstances in which the subject person or owner of the subject real property has a reasonable expectation of privacy or without their permission (including but not limited to, inside a private residence or office, inside an enclosed yard, rooftops, backyards and exterior decks)., (D} No person shall operate a UAS within the City outside of daylight hours (between official local times from sunrise and sunset}, no more than 400 feet above ground level and no faster than 20 mph.
(E} No person shall operate any UAS in the City beyond the visual line of sight of the person operating the UAS. The operator must use his or her own natural vision to observe the UAS. Visual line of sight means that the operator has an unobstructed view of the UAS. The use of vision-enhancing devices, such as binoculars, night vision goggles, powered vision magnifying devices, and goggles or other devices designed to provide a "first-person view" from the UAS, do not constitute the visual line of sight of the person operating the UAS.
(F)
1/2
2/15/23, 1:06 PM Richmond, CA Code of Ordinances
No person shall operate the UAS within the City closer than 25 feet to any human being, except the operator and except during takeoff and landing.
(G) No person shall operate a UAS while under the influence of alcohol or any other drugs, intoxicating compound or any combination thereof.
{H) No person shall operate a UAS in a careless or reckless manner that would jeopardize the public.
(I) No person shall operate a UAS that is equipped with hazardous materials or any weapons or items that may be considered to be weapons.

Ul No person shall operate a UAS in violation of any temporary flight restriction or "Notice to Airmen" (NOTAM) issued by the Federal Aviation Administration (FAA). {K) No person shall operate a UAS in the path of any manned aircraft. (L) Operators may use a UAS to exercise their First Amendment right to observe and record governmental activities; however, no person shall operate a UAS in a manner that directly interferes with police activities, firefighting or emergency response activities that would jeopardize the integrity of such public safety activities. (M) This section shall not prohibit the use of any model aircraft as described in Section 336 of the FAA Modernization and Reform Act of 2012 and which does not transmit or record visual images or audio recordings of any person or real property located in the City.
(N) This section shall not prohibit the use of any UAS by law enforcement or public safety agencies, provided that the law enforcement or public safety agency has a current Certificate of Authorization (COA) from the FAA to operate within the airspace of the City.
(0) Any operator of a UAS who violates this section is subject to fines and confiscation of the UAS by the Richmond Police Department.
(Ord. No. 7-17N.S.,§1, 4-18-2017. eff. 5-18-2017)
about: blank 212
2115/23, 1:55 PM Riverside, CA Code of Ordinances

9.08.090 - Games; restrictions.

No person shall play or engage in model airplane flying, drones, unmanned aircraft systems, model rockets, driving of golf balls, archery, or any game of a hazardous nature within a park, except at such place as shall be especially set apart and authorized for such purpose. (Ord. 7362 § 2, 2017; Ord. 6526 § 2, 2000; Prior code§ 25.9)

9.08.120- Facility reservation application and permit.
about:blank
A Reservations for activities in parks and park facilities. The Parks, Recreation and Community Services Director or designee shall be responsible for scheduling and controlling the use of parks and park facilities, or portions thereof, for the benefit and participation by interested public and private persons and groups. Any person 18 years or older desiring to reserve any athletic field, tennis court, swimming pool, picnic facility, open space area or other park facility, shall apply for a permit. Such application shall be in writing, giving the name of the facility, the proposed use, the date of its proposed use, and the person to whom the permit is to be granted. The person of group to whom the permit is to be granted shall abide by the policies and procedures of that facility. Any person not having a facility reservation permit for the use of a park facility shall surrender or turn over possession of said recreational facility to an individual or group in possession of a facility reservation permit for the use issued by the Parks, Recreation and Community Services Director of said facility. It shall be unlawful for any person not having a permit issued by the Parks, Recreation and Community Services Director to refuse or fail to surrender the use of any recreational facility, regardless of whether the facility is reserved for use.

1. Activity requiring facility reservation application. The following activities on park property shall require a facility reservation application.
a. An event, that Is held on a regular/re-occurring basis (i.e. weekly, bi-weekly or monthly) involving more than 50 individuals per day.
b. The commercial sale of any good or service merchandise or article or thing; c. The sale or service of alcohol;
d. Advertising or commercial activities;
e. Activities involving use of more than one park;
f. Creation or emission of any amplified sound, except from a radio, recorder or other device possessed and used by an individual for his/her own enjoyment and operated in such a manner so as not to interfere with the use and enjoyment of another person; g. Stationing or erecting any building, bandstand, stage, tower, tent, canopy, scaffold, sound stage, platform, rostrum or other structure;
1/6
2115123, 1;55 PM Riverside, CA Code of Ordinances
about blank
h. Use of any electrical or electronic device or equipment requiring outdoor auxiliary power;
I. Bringing, landing or causing to ascend or descend or alight within the park district, any airplane, helicopter, flying machine, drone, unmanned aircraft system, balloon, parachute or other apparatus for aviation;
j. Use of mechanical rides (which may be permitted only on hard surfaces); k. Conducting any exhibit, music or dramatic performance, fair, circus, concert, play, radio or television broadcast, other than a news transmission; I. Exhibiting or displaying any motion picture, television program, light or laser light display, or similar event;
m. Operating a vehicle, except upon a surface maintained and open to the public for purposes of vehicular travel or designated as temporary parking areas publicly; n. Displaying, posting or distributing any placard, handbill, pamphlet, circular, book or other writing containing commercial advertising on park property; or o. Bring onto park property a tame, non-domestic supervised and controlled or restrained animal for limited non-commercial or promotional purposes except for the specific animals under the specific conditions provided for in Section 9.08.030 of this chapter.

B. Exemptions from facility reservation permit A facility reservation permit shall not be required under this chapter for the below-listed activities:

1. Activities conducted by a government agency within the scope of its authority.

2. Funeral processions by a licensed mortuary.

3. An exempted activity Is required to comply with the general regulations governing public health and safety.

C. Procedures for review.

1. Review and appeal. An applicant for a facility reservation permit has the right to appeal the following:
a. The denial of a permit;
b. A permit condition;
c. The denial of a waiver of a certificate of insurance; d. A determination that an applicant's insurance policy does not comply with the requirements specified in this chapter;
e. The requirement or amount of a cleanup deposit specified in this chapter; or f.
218
2/15123, 1 ;55 PM Rlverslde, CA Code of Ordinances
The retention of an applicant's cleanup deposit (in full or in part) because of assessed damages or a fine pursuant to this chapter.
aboutblank
Within five working days of the service of notice of determination on any of the above listed items, an applicant may file a written appeal from such determination with the City Manager.

The City Manager shall have five working days from the date on which the appeal was received in which to serve upon the applicant a notice that they have affirmed, modified or reversed the decision. Such notice shall be deeded served upon the applicant when it is personally delivered or when is it sent by United States mail, with proper postage prepaid, to the name and address set forth on the application for permit. If such notice is not served upon the applicant within five working days of the date upon which the appeal was filed, then the decision of the Parks, Recreation and Community Services Director shall be deemed reversed.

D. Form of appeal. Any appeal filed pursuant to this chapter shall state succinctly the grounds upon which it is asserted that the determination should be modified or reversed and shall be accompanied by copies of the application for permit, the written notice of the determination of the Parks, Recreation and Community Services Department and any other papers that are material to the determination.

E. Other provisions of law. The procedures or requirements of this chapter shal I not affect or supersede the provisions of Jaw or the issuance of fireworks, structural, electrical or other permits by City departments prescribed elsewhere in this Code, when such permits are otherwise required because of a particular condition or requirement of the event on park property.

F. Reservation procedure. Groups desiring to use City parks, park facilities, or portions thereof, may request the Parks, Recreation and Community Services Director or his designee to reserve the same for such use. Persons or groups from within the City shall be given priority over persons or groups from outside the City if a conflict in scheduling arises. Requests for such use shall be submitted in writing to the City on the facility reservation application approved by the Parks, Recreation and Community Services Director not less than ten working days in advance and not more than 18 months of the intended use. The Parks, Recreation and Community Services Director may permit a shorter or longer advance request time for good cause shown. The facility reservation application is available atthe Parks, Recreation and Community Services Department Office. Upon the written approval by the Parks, and Recreation and Community Services Director of his designee, the applicant must pay such fees as approved by ordinance or resolution of the City, not less than ten working days in advance of the intended .use. If the Parks, Recreation and Community Services Director is not satisfied as to the reasonableness of the proposed activity in relation to the use of the park by 316
2/15/23, 1 :55 PM Riverside, CA Code of Ordinances
other persons, or as the effect such use might have upon the peace of the neighborhood, or if the Parks, Recreation and Community Services Director is unable to agree with the applicant as to the conditions to be imposed, the request for a reservation shall be processed as a special event permit. about: blank
G. Permit conditions. The Parks, Recreation and Community Services Director may condition the issuance of a park event permit by imposing reasonable requirements which are necessary to protect the safety of persons and property, and to provide for adequate control of traffic.

These may Include conditions concerning:

1. Alteration of the date, time, route or location of the event proposed on the application;

2. Requirements for the area of assembly and disbanding of events;

3. Provision of first aid, sanitary or emergency facilities;

4. Requirements for event monitors or other method for providing notice of permit conditions to event participants;

5. Restrictions on the number or type of vehicles or animals at the event;

6. Restrictions on the number and type of structures at the event and inspection and approval of the structures by fire safety by the Riverside Fire Department;

7. Compliance with animal protection ordinances and laws;

8. Requirements for use of garbage containers, cleanup and restoration of park property;

9. Restrictions on use of amplified sound;

10. Compliance with any relevant ordinance or law in obtaining any other legally required permit or license in addition to a park event permit; and

11. Security guards and/or plan,

12. Compliance with County Health requirements and regulations.

H. Insurance. The Parks, Recreation and Community Services Director may also require the applicant to provide such additional liability insurance, water, sanitary facilities and refuse receptacles as the Parks, Recreation and Community Services Director determines to be necessary for the protection of public health, safety, and welfare in connection with the intended use.

I. Fees and deposits. Fees and deposits required in respect to reservation permits may include, without limitation, such amounts as may be determined by ordinance or resolution of the City, to be necessary to compensate the City, for the administrative costs associated with the permit, as security for repair of damage to the park or to park facilities, for costs of cleanup, and for extra personnel to regulate conduct and traffic. j, Clean-up and repair expenses. The Facility Reservation application form shall provide that the applicant shall reimburse the City for all unusual or extraordinary cleanup and repair expenses and for services provided by the City arising out of the activity authorized by the 416
2/15/23, 1:66 PM Riverside, CA Code of Ordinances
permit.
about:blank
K. Written denials. With the exception of facility reservations for field allocation (I.e., baseball, softball, soccer), if no written denial or conditional approval is issued within 60 working days of the date on which a permit application is fully completed, executed and filed with the City, the application shall be deemed to have been granted a conditional approval pursuant to subsection B above. Provided, however, the Parks, Recreation and Community Services Director may extend the period of review for an additional ten working days by issuance of a written notice of extension. If, prior to the expiration of the extended review period, no written denial is issued, the application for permit shall be deemed to have been granted a conditional approval pursuant to subsection B above.

For facility reservations for field allocation, the Parks, Recreation and Community Services Director or his/her designee shall have information regarding the field allocation application and process at the Parks, Recreation and Community Services Department Office.

1. Notice of extended review or denial or issuance of permit. Written notice of denial or notice of extension shall be served on the applicant by personal delivery, e-mail, or by deposit in United States mail, with proper postage prepaid, to the name and address set forth on the application for permit.

2. Contents of notice; grounds for denial. Notice of denial of an application for a park event permit shall clearly set forth the grounds upon which the permit was denied and, where feasible, shall contain a proposal by the Park and Recreation Director, or his/her deslgnee, for measures by which the applicant may cure and defects in the application for a park event permit or otherwise procure a park event permit. Where an application or permit has been denied because a fully executed prior application for the same time and place has been received, and a permit has been or will be granted to the prior applicant authorizing uses or activities which do not reasonable permit multiple occupancy of the particular area, the Park and Recreation Director shall propose an alternative place, if available for the same time, or an alternative time, if available for the same place. The Park and Recreation Director may deny an application for a park event permit ifthe applicant or the person on whose behalf the application for permit was made has on prior occasions made material misrepresentations regarding the nature or scope of an event or activity previously permitted or has violated the terms of prior permits issued to or on behalf of the applicant. The Park and Recreation Director may also deny an application for permit on any of the following grounds:
a. The application for permit (including any required attachments and submissions) is not fully completed and executed;
b.
5/6
2/15123, 1 :55 PM Riverside, CA Code of Ordinances
The applicant has not tendered the required application fee with the application or has not tendered any required user fee, indemnification agreement, insurance certificate, or cleanup deposit within the times required under this chapter;
c. The application for permit contains a material falsehood or misrepresentation; d. The applicant is legally incompetent to contract or to sue and be sued; e. The applicant or the person on whose behalf the application for permit was made has on prior occasions damaged park property and has not paid in full for such damage, or has other outstanding and unpaid debts to the Park and Recreation Department; f. A fully executed prior application for permit for the same time and place has been received, and a permit has been or will be granted to a prior applicant authorizing uses or activities which do not reasonably permit multiple occupancy of the particular park or pa rt hereof;
g, The use or activity intended by the applicant would conflict with previously planned programs organized and conducted by the City and previously scheduled for the same time and place;
h. The use or activity intended by the applicant would present an unreasonable danger to the health or safety of the applicant, or other users of the park, or City employees or the public;
i. The applicant has not complied or cannot comply with applicable licensure requirements, ordinances or regulations of the City concerning the sale or offering for sale of any goods or services; or
j. The use or activity intended by the applicant is prohibited by Jaw, including but not limited to the Riverside Municipal Code and the rules and regulations of the Park and Recreation Department.

L. Amendment or revision of applications. Any amendment or revision of an application for permit shall for purposes of determining the priority of the application for permit, relate back to the original filing thereof. However, the time in which the Park and Recreation Director shall grant or deny the application for permit and serve notice of such granting or denial shall be computed from the date of the amendment or revision.
(Ord. 7362 § 2, 2017; Ord. 7244 § 13, 2014; Ord. 6526 § 2, 2000; Ord. 3403 § 1, 1966; prior code§ 25.12) about: blank 6/6
2/15/23, 1:39 PM San Clemente, CA Code of Ordinances
Chapter 8.82 - UNMANNED AIRCRAFT SYSTEMS

8.82.01 O - Purpose and Intent.

The operation of unmanned aircraft ("UA") systems, commonly known as drones, can at times pose significant hazards to full-scale aircraft in flight and to persons and property on the ground. Imposing community-based safety requirements and restrictions on the operation of UAs that does not preempt federal aviation rules or authority, nor state law, is necessary to mitigate such risks and to protect the public from the hazards associated with the operation of UAs. (Ord. No. 1..Q11_, § 3, 5-2-2017)

8.82.020 - Definitions.

The following words, terms, and phrases when used in this chapter shall have the meanings ascribed to them in this section, except where the context clearly indicates a differing meaning:

Drone refers to any unmanned aircraft ("UA").

FAA means the Federal Aviation Administration.

Operate means the actions taken by an operator of the UA. Any use of the term refers only to the actions of an operator on the ground and is not intended to regulate an unmanned aircraft flying in navigable airspace.

Person means any individual, partnership, corporation, or joint venture.

Public Drone or Public UA means a UA that is used or operated on behalf of any government agency that meets the qualifications as defined in Section 40102 of Title 49 of the United States Code to operate a public aircraft.

Unmanned Aircraft(UA) means an aircraft without a human pilot on board, that is controlled from an operator on the ground, and operates without the possibility of direct human intervention from within, or on, the aircraft.

Visual Line of Sight means that the operator has an unobstructed view of the UA. The operator must use his or her own natural vision (which includes vision corrected by standard eyeglasses or contact lenses) to observe the UA. People other than the operator may not be used in lieu of the operator for maintaining visual line of sight. The use of vision-enhancing devices, such as binoculars, night vision goggles, powered vision magnifying devices, and goggles or other devices designed to provide a "firstperson view" from the UA do not constitute visual line of sight of the operator. about: blank 1/3
2/15/23, 1 :39 PM San Clemente, CA Code of Ordinances
(Ord. No.1Q1L § 3, 5-2-2017)

8.82.030 - Prohibited Operations for UA.

A ...... No person shall takeoff, land, or operate a UA outside of their visual-line-of-sight.

B ...... No person shall takeoff, land, or operate a UA within 25 feet of another individual, except the operator or the operator's designee.

C. ..... No person shall takeoff, land, or operate a UA on or over private property without the written or electronic consent of the property owner, if the property owner is a person other than the UA operator. When consent to operate a UA is required to takeoff, land, or operate a UA on or over private property, UA operators must have on their possession a copy of the written or electronic consent from the owner of the property, or properties, over which they takeoff, land, or operate a UA.

D. .. ... No person shall takeoff, land, or operate a UA over City-permitted events open to the public, unless granted written or electronic permission by the City. UA operators must have on their possession a copy of the written or electronic consent from the City while they takeoff, land, or operate a UA over City-permitted events open to the public.

E ...... No person shall takeoff, land, or operate a UA within 1,500 horizontal feet of any aircraft, including any UA, operated by a public entity.

F ...... No person shall takeoff, land, or operate a UA that has any type of weapon, or other device designed for inflicting bodily harm or physical damage, attached to it.

G. .. ... No person shall takeoff, land, or operate a UA within a "no fly zone" that has been established by the City as outlined in Section 8.82.050, Reasonable Time, Place, Manner of this chapter.

H ...... No person shall takeoff, land, or operate a UA between 30 minutes before the official sunset time and the official sunrise time.
(Ord. No. 1Q1L § 3, 5-2-2017)

8.82.040 - No Reckless Operation.

No person shall takeoff, land, or operate a UA so as to endanger or create substantial risk of serious injury for any person or property.
(Ord. No. 1641, § 3, 5-2-2017)

8.82.050 - Reasonable Time, Place, Manner.
about: blank
A. ..... No person shall takeoff, land, or operate a UA within 500 feet of any emergency vehicle that is operating with lights and/or sirens.
2/3
2/15/23, 1:39 PM San Clemente, CA Code of Ordinances
B ...... No person shall takeoff, land, or operate a UA within 500 feet of any active law enforcement or emergency response incident.

C. ..... No person shall takeoff, land, or operate a UA in violation of any Temporary Flight Restriction or Notice to Airmen issued by the FAA.

D ...... No person shall takeoff, land, or operate a UA within 500 feet of a school facility without prior notification and authorization of school officials. When authorization to operate a UA is required to takeoff, land, or operate a UA on or over a school facility, UA operators must have on their possession a copy of the written or electronic authorization from the school's administration while they takeoff, land, or operate a UA within 500 feet of the school.

E ...... No person shall takeoff, land, or operate a UA within 500 feet of any county or city owned jails, holding facilities, law enforcement facility, or within 500 feet of any designated publicly owned building chosen by the city. The designation of publicly-owned buildings applicable to this subsection shall be at the discretion of the City Manager. The addresses of all properties described in this subsection shall be available for viewing by the public at the City Clerk's Office and listed on the City of San Clemente website, on a page dedicated to information related to UA, or "drone," operations and requirements. (Ord. No.1ML § 3, 5-2-2017)

8.82.060 - Exemption.

This chapter shall not apply to any Public UA.
(Ord. No.1641, §3, 5-2-2017)
aboutblank 3/3
2/15/23, 11:41 AM https://export.amlegaJ.com/apl/export~requests/Oe754398..09b4-458f-a9cb-a772111180ca/download/ SEC. 3.09. AIRPLANES, HELICOPTERS, HOT AIR BALLOONS, ETC.

PROHIBITED.

No person shall launch nor land any airplane, helicopter, parachute, hang glider, hot air balloon, nor any other machine or apparatus of aviation in any park, nor shall any person bring into any piu·k any balloon with a diameter of more than six feet or a gas capacity of more than 115 cubic feet, without permission of the Recreation and Park Department. This Section shall not be applicable to a helicopter being used to transport persons or supplies because of an emergency situation.
(Added by Ord. 603-81,App. 12/18/81)
https:l/export.amlegaI.c.om/apUexport-requests/Oe 754398-09b4-458f-a9cb-a 7721111 SOcaldownloadl 1/1 Title 9: Public Peace and Safety
Chapter 9.30 Drones, Unpiloted Aircraft and Model Aircraft

9.30.010 Puroose and Findings.

The operation of unpiloted aircraft such as model aircraft and civil unpiloted aircraft systems ("UASs"), commonly known as drones, can at times pose a hazard to full-scale aircraft in flight and to persons and property on the ground.

Imposing community-based safety requirements on the operation of model aircraft and imposing restrictions on the operation of both model aircraft and civil UASs consistent with Federal Aviation Rules aud state law is necessary to mitigate such risks and to protect the public from the hazards associated with the operation of unpiloted aircraft. (Ord. 16-974 § l, 2016)

9.30.020 Definitions.

The following words, phrases and terms as used in this chapter shall have the meanings indicated as follows:

I. "Unpiloted aircraft" shall mean an aircraft, including, but not limited to, an aircraft commonly known as a drone, that is operated without the possibility of direct human intervention from within or on the aircraft (and shall mean the equivalent of"unmanned aircraft'' as that term is used in federal and state law and regulations).

2. "Unpiloted aircraft system" shall mean an unpiloted aircraft and associated elements, includiug, but not limited to, any communication links and components that control the unpiloted aircraft (and shall mean the equivalent of "unmanned aircraft system" as that term is used in federal and state law and regulations).

3. "Person" shall mean any individual, partnership, corporation, or joint-venture.

4. "Model aircraft" shall mean an unpiloted aircraft or unpiloted aircraft system operated by any person strictly for hobby or recreational purposes.

5. "Civil UAS" shall mean an nnpiloted aircraft or unpiloted aircraft system operated by any person for any purposes other than strictly hobby or recreational purposes, including, but not limited to, commercial purposes or in furtherance of, or incidental to, any business or media service or agency.

6. "Public UAS" shall mean an unpiloted aircraft or unpiloted aircraft system operated by any public agency for govermnent related purposes.
(Ord. 16-974 § 1, 2016)

9.30.030 Operating Permit and Registration Required.
a. Generally. An operating permit shall be required for every unpiloted aircraft and unpiloted aircraft system operated in the city. No person shall operate an unpiloted aircraft or unpiloted aircraft system in the city without first obtaining a permit for the unpiloted aircraft or unpiloted aircraft system and obtaining an identification number assigned by the city.
b. Applications. An application for a UAS operating permit shall be on a form provided by the city and show:
!. Name and phone nnmber of the operator;

2. Malce, model and serial or N-number ofUAS to be registered;

3. A description of proposed flight activity, including whether filming, taking of visual images and/or sound recording will occur;

4. Signature of operator.
c. Issuance. An OJ?erating permit shall be issned to persons meeting the requirements of this chapter upon payment of the fee required therefor and submission of a copy of the certificate of aircraft registration/proof of ownership issued by the Federal Aviation Administration.
d. Placement. The permit sticker and identification number shall be placed on the body of the unpiloted aircraft or unpiloted aircraft system in a conspicuous location on the eruth-facing smface of the device and in a manner clearly visible from the ground. Placement of stickers shall be subject to approval of the city or performed by the city. (Ord. 16-974 § l, 2016)

9.30.040 Operating Requirements and Restrictions.
a. No person shall operate any model aircraft or civil UAS within the city in a manner that interferes with piloted aircraft, and model aircraft shall always give way to any piloted aircraft. b. No person shall operate any model aircraft within the city beyond the visual line of sight of the person operating the model aircraft. The operator must use his or her own natural vision (which includes vision corrected by standard eyeglasses or contact lenses) to observe the model aircraft. People other thatl the operator may not be used in lieu of the operator for maintaining visual line of sight. Visual line of sight means that the operator has an unobstructed view of the model aircraft. The use of vision-enhancing devices, such as binoculars, night vision goggles, powered vision magnifying devices, and goggles or other devices designed to provide a "first-person view" from the model, do not constitute the visual line of sight of the person operating the model aircraft. c. No person shall operate any model aircraft or civil UAS within the city other than during daylight hours defrned as between official sunrise and official sunset for local time, unless proof of authorization to do so by the Federal Aviation Administration is provided to the city.
d. No person shall operate any model aircraft within the city more than four hundred feet above the earth's surface, unless proof of authorization to do so by the Federal Aviation Administration is provided to the city. e. Excluding takeoff and landing, no person shall operate any model aircraft or civil UAS within the city closer than twenty-five feet to any individual, except the operator or the operator's helper(s). f. No person shall operate any model aircraft or civil UAS within the city in a manner that is prohibited by any federal or state statute or regulation governing aeronautics, including, but not limited to, Public Utilities Code Section 21407 and Federal Aviation Rule 91.13.
g. No person shall operate any model aircraft or civil UAS within the city in violation of any temporary flight restriction or ''Notice to Airmen" issued by the Federal Aviation Administration. h. No person shall operate any model aircraft or civil UAS within the city to capture, record or transmit any visual image or audio recording of any person or private real property located in the city under circumstat1ces in which the subject person or owner of the subject real property has a reasonable expectation of privacy (including, but not limited to, inside a private office and inside a hotel room). This provision is intended to supplement, rather than duplicate, the prohibition against trespassing into the air space above the land of another person in order to capture any type of visual image or sound recording of a person engaging in a private, personal, or familial activity in a manner that is offensive to a reasonable person, pursuant to California Civil Code Section 1708.8. i. Unless authorized by federal law, it shall be atl infraction to knowingly and intentionally operate any model aircraft or civil U AS on the grounds of, or less than three hundred fifty feet above ground level within the airspace overlaying, a public or private school in the city providing instruction in kindergarten or grades I to 12, inclusive, during school hours and without the written pennission of the school principal or higher authority, or designee, or equivalent school authority.
j. Unless authorized by federal law, it shall be an infraction to knowingly and intentionally use any model aircraft or civil UAS to capture images of public or private school grounds in the city providing instruction in kindergarten or grades I to 12, inclusive, during school hours and without the written permission of the school principal or higher authority, or designee, or equivalent school authority. k. No person shall operate any model aircraft or civil UAS in a manner that interferes with firefighting, police activity or emergency response activity as detailed in California Penal Code Sections 148.2 and 402. l. No person shall operate any model aircraft or civil UAS within the airspace overlaying a city park during a citysponsored event in the park unless authorized to do so in the special event permit, City Hall, or a law enforcement or fire station within the city.
(Ord. 16-974 § 1, 2016)

9.30.050 Violations.

It is unlawful for any person to violate or fail to comply with this chapter. Any person violating the provisions of this chapter shall be guilty of a misdemeanor and subject to the provisions of Chapter 1.08 of this Code. (Ord. 16-974 § !, 2016)

9.30.060 Exemptions.

This chapter shall not apply to any civil UAS operated pursuant to and in compliance with the terms and conditions of a valid city-issued :film permit with Federal Aviation Administration authorization or any public UAS operated pursuant to, and in compliance with, tl1e terms and conditions of any current and enforceable authorization granted by the Federal Aviation Administration.
(Ord. 16-974 § !, 2016)
2/15/23, 4:33 PM Chapter 8.52 UNMANNED AIRCRAFT SYSTEMS Yorba Linda, California Municipal Code
Title 8 HEALTH AND SAFETY
Chapter 8.52 UNMANNED AIRCRAFT SYSTEMS

8.52.010 Purpose and findings.

8.52.020 Definitions.

8.52.030 Local regulations of UAS.

8.52.040 Exemptions.

8.52.010 Purpose and findings.

This chapter is intended to promote public health, safety and welfare of the public and public safety personnel through appropriate regulations pursuant to the city's police powers and its authority lo issue regulations related to zoning, land use, privacy, trespass, and law enforcement operations. All regulations herein are intended to protect the health, safety, and welfare of the public and specific areas of local municipal concern where a drone incident would cause greater harm and risk of injury. It is not intended to restrict persons operating unmanned aircraft systems In compliance with all applicable FAA rules and any applicable laws, and outside of prohibited areas, This chapter is not intended to preempt FAA rules, but to operate in conjunction with those rules to promote public safety and privacy while recognizing the limitations in the FAMs enforcement capabilities. (Ord. 2017-1047, § 3, 2017)

8.52.020 Definitions.

For the purposes of this chapter, the following words and phrases shall have the meaning set forth, unless another or different meaning is clearly intended from the context in which the phrase or words are used,
A. "Drone" means any unmanned aircraft system (UAS).

B. "Emergency response" means any effort by first responders to save lives, reduce property damage, and/or reduce human suffering, Examples include, but are not limited to, fire-fighting activities, search and rescue activities, police and law enforcement activities, restoration of public utilities, and similar efforts,
C. "FAA" means the United States Federal Aviation Administration.

D. "Special event" means any event held in a public park or open-air facility, private property, or commercial/industrial facility that is open to the public and intended to attract people. This includes, but it not limited to, sporting events, concerts, festivals, farmer's markets, and other similar events. https://Hbrary,qcode.usJHb/yorba_!inda_ca!pub/munlclpal_codelltem/title_a-chapter_s_s2?vieW=alf 1/3 2115/23, 4:33 PM Chapter 8.52 UNMANNED AIRCRAFT SYSTEMS E. "Unmanned aircraft system" or "UAS" means an aircraft without a human pilot onboard, that is controlled from an operator on the ground, and operates without the possibility of direct human intervention from within or on the aircraft.

F. "Visual line of sight' means that the operator or a visual observer in direct contact with the operator has an unobstructed view of the UAS. The operator or a visual observer in direct contact with the operator must use his or her own natural vision (which includes vision corrected by standard eyeglasses or contact lenses) to observe the UAS, The use of vision-enhancing devices, such as binoculars, nightvision goggles, powered vision magnifying devices, and goggles or other devices designed to provide a "first-person view" from or of the UAS do not constitute visual line of sight of the operator or a visual observer. (Ord. 2017-1047, § 3, 2017)

8.52.030 Local regulations of UAS.

A. No person shall takeoff or land a UAS under the following circumstances:

1. Outside of the person's visual line of sight.

2. Within 25 feet of another individual, except the operator or the operator's designee.

3. On private property without the consent of the property owner.

4. Within 500 feet of any special event or any emergency response without the approval of a temporary use permit by the Community Development Director.

5. That has any type of weapon attached to it.

6. In violation of any Temporary Flight Restriction or Notice to Airmen issued by the FAA.

B. No person shall takeoff or land a UAS in a reckless manner so as to create a substantial risk of serious injury to any person or substantial risk of damage to the property of another. (Ord. 2017-1047, § 3, 2017)

8.52.040 Exemptions.

This chapter shall not prohibit the use of UAS by any public safety agency for lawful purposes and in a lawful manner. (Ord. 2017-1047, § 3, 2017)
Contact:

City Clerk: 714-961-7150
https://llbrary.qcode.us/lib/yorba_llnda_ca/pub/municlpa!_codefitemltitle_a-chapter_B_52?vlew=aH 213 2/15/23, 4:33 PM Chapter 8.52 UNMANNED AIRCRAFT SYSTEMS Published by Quality Code Publishing, Seattle, WA. By using this site, you agree to the terms of use. hUps:/Jllbrary.qcode.usJ!!b/yorba_llnda_ca/pub/munlclpal_code/item/tH.le_B-chapter_a_s2?view=all 3/3 ORDINANCE NO. 2017-1047

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

YORBA LINDA, CALIFORNIA ADOPTING AN ORDINANCE

RELATED TO THE OPERATION OF UNMANNED

AIRCRAFT SYSTEMS
WHEREAS, the City of Yorba Linda has determined that it desires to consider potential amendments to the Yorba Linda Municipal Code pertaining to the operation of unmanned aircraft systems (UAS); and,
WHEREAS, the operation of UAS, commonly known as drones, can at times pose a hazard to full-scale aircraft in flight and to persons and property on the ground; and WHEREAS, imposing community-based safety requirements and restrictions on the operation of UAS that do not preempt federal aviation rules or authority, or state law, is necessary to mitigate such risks and to protect the public from the hazards associated with the operation .of UAS; and
WHEREAS, in accordance with Section 2.04.090 of the Yorba Linda Municipal Code, this Ordinance was presented to the City Council for its consideration on October 17, 2017.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF YORBA LINDA DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1: Recitals. The foregoing recitals are true and correct and are incorporated herein as though set forth in full.

SECTION 2: Authority. This Ordinance is adopted pursuant to the authority granted by the California Constitution and State law, including but not limited to Article XI, Section 7 of the California Constitution.

SECTION 3: Amendment. Chapter 8.52 of the Yorba Linda Municipal Code is hereby added to read as follows:

8.52.010
Chapter 8.52

UNMANNED AIRCRAFT SYSTEMS
Purpose and findings.

This chapter is intended to promote public health, safety and welfare of the public and public safety personnel through appropriate regulations pursuant to the city's police powers and its authority to issue regulations related to zoning, land use, privacy, trespass, and law enforcement operations. All regulations herein are intended to protect the health, safety, and welfare of the public and specific areas of local municipal concern where a Ordinance No. 2017-1047
Page2
drone incident would cause greater harm and risk of injury. It is not intended to restrict persons operating unmanned aircraft systems in compliance with all applicable FM rules. and any applicable laws, and outside of prohibited areas. This chapter is not intended to preempt FAA rules, but to operate in conjunction with those rules to promote public safety and privacy while recognizing the limitations in the FM's enforcement capabilities.

8.52.020 Definitions
For the purposes of this Chapter, the following words and phrases shall have the meaning set forth, unless another or different meaning is clearly intended from the context in which the phrase or words are used.

A. "Drone" means any unmanned aircraft system (UAS).

B. "Emergency Response" means any effort by first responders to save lives, reduce property damage, and/or reduce human suffering. Examples include, but are not limited to, fire-fighting activities, search and rescue activities, police and law enforcement activities, restoration of public utilities, and similar efforts.

C. "FAA" means the United States Federal Aviation Administration.

D. "Special Event" means any event held in a public park or open-air facility, private property, or commercial/industrial facility that is open to the public and intended to attract people. This includes, but it not limited to, sporting events, concerts, festivals, farmer's markets, and other similar events.

E. "Unmanned Aircraft System" or "UAS" means an aircraft without a human pilot onboard, that is controlled from an operator on the ground, and operates without the possibility of direct human intervention from within or on the aircraft.

F. "Visual Line of Sighf' means that the operator or a visual observer in direct contact with the operator has an unobstructed view of the UAS. The operator or a visual observer in direct contact with the operator must use his or her own natural vision (which includes vision corrected by standard eyeglasses or contact lenses) to observe the UAS. The use of vision-enhancing devices, such as binoculars, nightvision goggles, powered vision magnifying devices, and goggles or other devices designed to provide a "first-person view" from or of the UAS do not constitute visual line of sight of the operator or a visual observer.

8.52.030 Local Regulations of UAS
A. No person shall takeoff or land a UAS under the following circumstances:
a. Outside of the person's visual line of sight.
b. Within 25 feet of another individual, except the operator or the operator's designee.
c. On private property without the consent of the property owner. d. Within five hundred (500) feet of any special event or any emergency response without the approval of a temporary use permit by the Community Development Director.
e. That has any type of weapon attached to it.

Ordinance No. 2017-1047
Page3
f. In violation of any Temporary Flight Restriction or Notice to Airmen issued by the FAA.

B. No person shall takeoff or land a UAS in a reckless manner so as to create a substantial risk of serious injury to any person or substantial risk of damage to the property of another.

8.52.040 Exemptions
A. This Chapter shall not prohibit the use of UAS by any public safety agency for lawful purposes and in a lawful manner.

SECTION 4: CEQA Determination. In adopting this Ordinance, the City Council finds that the adoption of Ordinance is exempt from the California Environmental Quality Act ("CEQA") pursuant to Title 14 California Code of Regulations Sections 15061(b)(3), in that it can be seen with certainty that the adoption of the Ordinance is not a project, and further, that it proposes no activity that may have a significant effect on the environment and will not cause a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment.

SECTION 5: Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court 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 and every section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more section, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared unconstitutional.

SECTION 6. Effective Date. This Ordinance shall become effective thirty (30) days after its passage and adoption. Within fifteen (15) days of the date of adoption of this Ordinance, the City Clerk shall post a copy of said Ordinance in places designated for such posting and shall certify to the same. The City Clerk shall certify the passage of this Ordinance and shall cause the same to be published as required by law.

Ordinance No. 2017-1047
Page4
PASSED, APPROVED AND ADOPTED by the City Council of the City of Yorba Linda at a regular meeting held on the 7th day of November, 2017.

ATTEST:

MARCIA BROWN, CITY CLERK

CITY OF YORBA LINDA
APPROVED AS TO FORM:

RUTAN & TUCKER LLP

CITY ATTORNEY

PEGGY HUANG, MAYOR

CITY OF YORBA LINDA
Ordinance No. 2017-1047
Pages

ST ATE OF CALIFORNIA )
) SS

COUNTY OF ORANGE )
I, MARCIA BROWN, City Clerk of the City of Yorba Linda, California, DO HEREBY CERTIFY that the foregoing Ordinance was duly adopted at a regular meeting of the City Council of the City of Yorba Linda, held at the 7th day of November, 2017, by the following vote:

AYES:

NOES:

ABSENT:

COUNCIL MEMBERS:

COUNCIL MEMBERS:

COUNCIL MEMBERS:

MARCIA BROWN, CITY CLERK

CITY OF YORBA LINDA
PROPOSED CHAPTER 9
VERSION 1
CHAPTER 9.X - DRONES AND UNMANNED AIRCRAFT SYSTEMS

09.X.010 - Purpose.

09.X.020 - Definitions.

09.X.030 - General Regulations.

09.X.040- Invasion of Privacy.

09.X.050-Emergency Responders.

09.X.060- Limited Recreational Operations ofUmnanned Aircraft.

09.X.070- Small Umnanned Aircraft Systems.

09.X.080 - Exemptions.

09.X.090 - Use by Public Safety Agencies.

09.X.100- Violations; Penalties.

9.X.010 - Purpose.

The purpose of this chapter is to regulate the operation ofumnanned aircraft, commonly known as drones, which can at times pose a hazard to full-scale aircraft in flight and to persons on the ground. Imposing community-based safety requirements on the operation of model Umnanned Aircraft Systems ("UAS") and imposing restrictions on the operation of both model UAS and civil UAS consistent with both Federal Aviation Administration ("FAA") rules and state law is necessary to mitigate risks and to protect the public from the hazards associated with the operation ofumnanned aircraft. All regulations herein are intended to protect the health, safety, and welfare of the public and specific areas oflocal municipal concern where a drone incident would cause greater harm and risk of injury. It is not intended to restrict persons operating umnanned aircraft systems in compliance with all applicable FAA rules and any applicable state or local laws, and outside of prohibited areas. This chapter is not intended to preempt FAA rules or applicable state or local laws, but to operate in conjunction with those rules to promote public safety and privacy while recognizing the limitations in the FAA' s and the state's enforcement capabilities.
9 .X. 020 - Definitions.

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
"Civil U AS" shall mean an umnanned aircraft or umnanned aircraft system operated by any person for any purposes other than strictly hobby or recreational purposes, including, but not limited to, commercial purposes or in the furtherance of, or incidental to, any business or media service or agency.
"Commercial Purposes" shall mean the conducting, operating, managing or carrying on of a business, whether done as owner, or by means of an officer, agent, manager, employee, servant, lessee or otherwise, whether operating from a fixed location in the City or coming into the City from an outside location to engage in such activities.
"Drone" refers to any UAS.
"Emergency" shall mean a condition or situation involving injury to persons, damage to property, or peril to the safety of persons or prope1ty, which results from a fire, an explosion, an 01005.0001/869684.7
airplane crash, flooding, windstorm damage, a railroad accident, a traffic accident, a powerplant accident, a toxic chemical or biological spill, or any other natural or hnman-caused event. "Emergency response" shall mean any effort by first responders to save lives, reduce property damage, and/or reduce hnman suffering in response to an emergency. "FAA" refers to the Federal Aviation Administration.
"Model UAS" shall mean an umnanned aircraft or unmanned aircraft system operated by any person strictly for hobby or recreational purposes. "Operate" shall mean to fly, takeoff, land, hover, record with, photograph with, video with, or in any other way run or cause to function some part of any U AS. "Person" shall mean natural person, joint venture, joint stock company, partnership, association, club, company, corporation, business trust, organization, or the manager, lessee, agent, servant, officer or employee of any of them.
"Public UAS" shall mean an urnnanned aircraft or umnanned aircraft system operated by any public agency or city-contracted agent/agency for govermnent related purposes. "Umnanned aircraft" shall mean an aircraft without a human pilot onboard, that is controlled by an operator on the ground, and is operated without the possibility of direct hnman intervention from within or on the aircraft.
"Umnanned aircraft system (UAS)" shall mean an urnnanned aircraft and associated elements, including, but not limited to, any communication links and components that control the urnnanned aircraft.
"Visual line of sight" shall mean that a person operating an umnanned aircraft has an unobstructed view of the umnanned aircraft. The operator must use his or her own natural vision (which includes vision corrected by standard eyeglasses or contact lenses) to observe the urnnanned aircraft. People other than the operator may not be used in lieu of the operator for maintaining visual line of sight to the urnnanned aircraft, except as otherwise permitted by federal law. The use of vision-enhancing devices, such as binoculars, night vision goggles, powered vision magnifying devices, and goggles or other devices designed to provide a "firstperson view" of the urnnanned aircraft do not constitute visual line of sight of the person operating the urnnanned aircraft.
"Weapon" shall mean any instrument, article or substance that, under the circnmstances in which it is used, attempted to be used or threatened to be used, is readily capable of causing death or serious physical injury.

9.X.030 - General Regulations.

The following shall apply to the operation of any model UAS or civil UAS within the City of Irwindale:

A. It is unlawful to operate a civil UAS for Commercial Purposes in the City unless the operator has first obtained a City business license under 5.04.020, for such commercial flight operation purposes.
01005.0001/869684. 7
B. It is unlawful to operate a model UAS or civil UAS within the City oflrwindale to capture or record images or video, or engage in the activity of filming, video taping, or producing images or video for either Commercial Purposes or temporary use purposes as defined in Chapter 17.88, unless the operator has first obtained a City film permit as defined under Section 9.65.030 for such flight operation purposes.

C. It is unlawful to operate a model UAS at a special event or temporary use permitted within the City oflrwindale pursuant to Chapter 17.88, unless the operator has first obtained a City temporary permit as defined under Section 17.88.030 for such flight operation purposes.

D. It is unlawful to operate any model UAS or civil UAS within any City park or recreation area, except with a City authorized permit as set forth in this Chapter.

E. No person shall operate any model UAS or civil UAS within the City oflrwindale other than during day light hours defined as between official sumise for local time and 10 :00 PM.

F. Excluding takeoff and landing, no person shall operate any model UAS or civil UAS within the City oflrwindale closer than twenty-five (25) feet to any individual, except the operator or the operator's helper(s).

G. No person shall operate an unmanned aircraft within 50 feet of a public right-of-way.

H. No person shall operate an unmanned aircraft in a manner that harasses, startles, or annoys pedestrians or vehicles, or threatens their safety and welfare.

I. No person shall takeoff, land or operate a model UAS or civil UAS within one thousand five hundred (1,500) horizontal feet of any manned or unmanned aircraft.

J. No person shall takeoff or land a model UAS or civil UAS within five hundred (500) feet of any county or city owned jails, holding facilities, or law enforcement facility. This prohibition does not apply to those operating public UAS, or law enforcement or public safety agencies.

K. No person shall takeoff, land or operate a model UAS or civil UAS within two hundred (200) feet of a school facility without prior notification and authorization of school officials.

L. No person shall takeoff, land or operate a model UAS or civil UAS within one hundred (100) feet of any public building or facility without a City film permit defined under Section 9.65.030,special event or temporary use permit defined under Section 17.88.030, or busines license under Section 5.04.020, for such flight operation purposes.

M. No person shall operate a model UAS or civil UAS that has any type of weapon attached to it.
01005.0001/869684. 7
N. Any person operating a model UAS or civil UAS under a valid City business license, film permit, or special event permit shall keep the permit on their person at all times while operating said UAS, and present the license or permit to any peace officer immediately upon request.

9.X.040- Invasion of Privacy.

California Civil Code § 1708.8, as amended from time to time, is adopted as section 9.X.040 of the Irwindale Municipal Code as though set forth in full. Three copies of the code section are on file in the office of the city clerk of the city.

9.X.050 - Emergency Responders.

California Penal Code§ 402, as amended from time to time, is adopted as section 9.X.050 of the Irwindale Municipal Code as though set forth in full. Three copies of the code section are on file in the office of the city clerk of the city.

9.X.060 - Limited Recreational Operations ofUmnauned Aircraft 49 U.S.C. § 44809 subsection (a) and subsection (g), as amended from time to time, are adopted as section 9.X.060 of the Irwindale Municipal Code as though set forth in full. Three copies of the code section are on file in the office of the city clerk of the city.

9.X.070 - Small Umnauned Aircraft Systems.
14 C.F.R. Part 107, as amended from time to time, is adopted as section 9.X.070 of the Irwindale Municipal Code as though set forth in full. Three copies of the code section are on file in the office of the city clerk of the city.

9.X.080 - Exemptions.

The provisions of this chapter shall not apply to any Public UAS flown by non-law enforcement agencies or non-public safety agencies, or UAS weighing less than 0.55 lbs.

9.X.090. - Use by Public Safety Agencies.

This chapter shall not prohibit the use of any unmanned aircraft by law enforcement or public safety agencies.
9 .X. l 00 - Violations; Penalties.

Any person who initially violates any provision of this chapter will be subject to a verbal or written warning by a peace officer. Any person who subsequently violates any provision of this chapter is guilty of a misdemeanor and maintaining a nuisance, punishable as provided in sections 1.12.010 and 1.12.040 of this Code.
01005.0001/869684.7
PROPOSED CHAPTER 9
VERSION 2
CHAPTER 9.X- DRONES AND UNMANNED AIRCRAFT SYSTEMS

09.X.010-Purpose.
09 .X. 020 - Definitions.

09.X.030 - General Regulations.

09.X.040 - Invasion of Privacy.

09.X.050 - Emergency Responders.

09.X.060 - Limited Recreational Operations of Unmanned Aircraft.

09.X.070 - Small Unmanned Aircraft Systems.

09.X.080 - Exemptions.

09.X.090- Use by Public Safety Agencies.

09.X. l 00 - Violations; Penalties.

9.X.010 - Purpose.

The purpose of this chapter is to regulate the operation of unmanned aircraft, commonly known as drones, which can at times pose a hazard to full-scale aircraft in flight and to persons on the ground. Imposing community-based safety requirements on the operation of model Unmanned Aircraft Systems ("UAS") and imposing restrictions on the operation of both model UAS and civil U AS consistent with both Federal Aviation Administration ("FAA") rules and state law is necessary to mitigate risks and to protect the public from the hazards associated with the operation of unmanned aircraft. All regulations herein are intended to protect the health, safety, and welfare of the public and specific areas of local municipal concern where a drone incident would cause greater harm and risk of injury. It is not intended to restrict persons operating unmanned aircraft systems in compliance with all applicable FAA rules and any applicable state or local laws, and outside of prohibited areas. This chapter is not intended to preempt FAA rules or applicable state or local laws, but to operate in conjunction with those rules to promote public safety and privacy while recognizing the limitations in the F AA's and the state's enforcement capabilities.

9.X.020 - Definitions.

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
"Civil UAS" shall mean an unmanned aircraft or unmanned aircraft system operated by any person for any purposes other than strictly hobby or recreational purposes, including, but not limited to, commercial purposes or in the furtherance of, or incidental to, any business or media service or agency.
"Commercial Purposes" shall mean the conducting, operating, managing or carrying on of a business, whether done as owner, or by means of an officer, agent, manager, employee, servant, lessee or otherwise, whether operating from a fixed location in the City or coming into the City from an outside location to engage in such activities.
"Drone" refers to any U AS.
"Emergency" shall mean a condition or situation involving injury to persons, damage to property, or peril to the safety of persons or property, which results from a fire, an explosion, an 01005.0001/905784.1
airplane crash, flooding, windstorm damage, a railroad accident, a traffic accident, a powerplant accident, a toxic chemical or biological spill, or any other natural or human-caused event. "Emergency response" shall mean any effort by first responders to save lives, reduce property damage, and/or reduce human suffering in response to an emergency. "FAA" refers to the Federal Aviation Administration.
"Model UAS" shall mean an umnauned aircraft or umnauned aircraft system operated by any person strictly for hobby or recreational purposes. "Operate" shall mean to fly, takeoff, land, hover, record with, photograph with, video with, or in any other way run or cause to function some part of any UAS. "Person" shall mean natural person, joint venture, joint stock company, partnership, association, club, company, corporation, business trust, organization, or the manager, lessee, agent, servant, officer or employee of any of them.
"Public UAS" shall mean an umnanned aircraft or umnanned aircraft system operated by any public agency or city-contracted agent/agency for govermnent related purposes. "Umnauned aircraft" shall mean an aircraft without a human pilot onboard, that is controlled by an operator on the ground, and is operated without the possibility of direct human intervention from within or on the aircraft.
"Umnauned aircraft system (UAS)" shall mean an umnauned aircraft and associated elements, including, but not limited to, any communication links and components that control the umnanned aircraft.
"Visual line of sight" shall mean that a person operating an umnanned aircraft has an unobstructed view of the umnanned aircraft. The operator must use his or her own natural vision (which includes vision corrected by standard eyeglasses or contact lenses) to observe the umnauned aircraft. People other than the operator may not be used in lieu of the operator for maintaining visual line of sight to the umnauned aircraft, except as otherwise permitted by federal law. The use of vision-enhancing devices, such as binoculars, night vision goggles, powered vision magnifying devices, and goggles or other devices designed to provide a "firstperson view" of the umnauned aircraft do not constitute visual line of sight of the person operating the umnauned aircraft.
"Weapon" shall mean any instrument, aiiicle or substance that, under the circumstances in which it is used, attempted to be used or threatened to be used, is readily capable of causing death or serious physical injury.

9.X.030 - General Regulations.

The following shall apply to the operation of any model UAS or civil UAS within the City of Irwindale:

A. It is unlawful to operate a civil UAS for Commercial Purposes in the City unless the operator has first obtained a City business license under 5.04.020, for such commercial flight operation purposes.
01005.0001/905784.1
B. It is unlawful to operate a model UAS or civil UAS within the City oflrwindale to capture or record images or video, or engage in the activity of filming, video taping, or producing images or video for either Commercial Purposes or temporary use purposes as defined in Chapter 17.88, unless the operator has first obtained a City film permit as defined under Section 9.65.030 for such flight operation purposes.

C. It is unlawful to operate a model UAS at a special event or temporary use permitted within the City oflrwindale pursuant to Chapter 17.88, unless the operator has first obtained a City temporary permit as defined under Section 17.88.030 for such flight operation purposes.

D. It is unlawful to operate any model UAS or civil UAS within any City park or recreation area, except with a City authorized permit as set forth in this Chapter.

E. No person shall operate any model UAS or civil UAS within the City oflrwindale other than during daylight hours defined as between official sumise for local time and 10:00 PM.

F. Excluding takeoff and landing, no person shall operate any model UAS or civil UAS within the City oflrwindale closer than twenty-five (25) feet to any individual, except the operator or the operator's helper(s).

G. No person shall operate an unmanned aircraft within a residential zone in the City.

H. No person shall operate an unmanned aircraft in a manner that harasses, startles, or annoys pedestrians or vehicles, or threatens their safety and welfare.

I. No person shall takeoff, land or operate a model UAS or civil UAS within one thousand five hundred (1,500) horizontal feet of any manned or unmanned aircraft.

J. No person shall takeoff or land a model UAS or civil UAS within five hundred (500) feet of any county or city owned jails, holding facilities, or law enforcement facility. This prohibition does not apply to those operating public UAS, or law enforcement or public safety agencies.

K. No person shall takeoff, land or operate a model UAS or civil UAS within two hundred (200) feet of a school facility without prior notification and authorization of school officials.

L. No person shall takeoff, land or operate a model UAS or civil UAS within one hundred (100) feet of any public building or facility without a City film permit defined under Section 9.65.030,special event or temporary use permit defined under Section 17.88.030, or busines license under Section 5.04.020, for such flight operation purposes.

M. No person shall operate a model UAS or civil UAS that has any type of weapon attached to it.
01005.0001/905784.1
N. Any person operating a model UAS or civil UAS under a valid City business license, film permit, or special event permit shall keep the permit on their person at all times while operating said UAS, and present the license or permit to any peace officer immediately upon request.

9.X.040 - Invasion of Privacy.

California Civil Code § 1708.8, as amended from time to time, is adopted as section 9.X.040 of the Irwindale Municipal Code as though set forth in full. Three copies of the code section are on file in the office of the city clerk of the city.

9.X.050-Emergency Responders.

California Penal Code§ 402, as amended from time to time, is adopted as section 9.X.050 of the Irwindale Municipal Code as though set forth in full. Tln-ee copies of the code section are on file in the office of the city clerk of the city.

9.X.060 - Limited Recreational Operations of Unmanned Aircraft 49 U.S.C. § 44809 subsection (a) and subsection (g), as amended from time to time, are adopted as section 9.X.060 of the Irwindale Municipal Code as though set forth in full. Three copies of the code section are on file in the office of the city clerk of the city.

9.X.070 - Small Unmanned Aircraft Systems.
14 C.F.R. Part 107, as amended from time to time, is adopted as section 9.X.070 of the Irwindale Municipal Code as though set forth in full. Three copies of the code section are on file in the office of the city clerk of the city.

9.X.080 - Exemptions.

The provisions ofthis chapter shall not apply to any Public UAS flown by non-law enforcement agencies or non-public safety agencies, or UAS weighing less than 0.55 lbs.

9.X.090. - Use by Public Safetv Agencies.

This chapter shall not prohibit the use of any unmanned aircraft by law enforcement or public safety agencies.

9.X.100 - Violations; Penalties.

Any person who initially violates any provision of this chapter will be subject to a verbal or written warning by a peace officer. Any person who subsequently violates any provision of this chapter is guilty of a misdemeanor and maintaining a nuisance, punishable as provided in sections 1.12.010 and 1.12.040 ofthis Code.
01005.0001/905784. l
SA Item 12A

IRWINDALE CITY COUNCIL CHAMBERS
5050 N. IRWINDALE AVENUE
IRWINDALE, CALIFORNIA 91706
JUNE 28, 2023

WEDNESDAY
8:08 P.M.

The Irwindale SUCCESSOR AGENCY TO THE IRWINDALE COMMUNITY REDEVELOPMENT AGENCY met in regular session at the above time and place.

ROLL CALL: Present: Councilmembers Mark A. Breceda, Manuel R. Garcia; Mayor Pro Tern Albert F. Ambriz; Mayor H. Manuel Ortiz

Absent: Councilmember Larry G. Burrola
Also Present: Julian A. Miranda, City Manager; Jamie Traxler, Assistant City Attorney; Theresa Olivares, Assistant City Manager; Christopher Hofford, Chief of Police; Kambiz Borhani, Director of Finance I City Treasurer; Marilyn Simpson, Community Development Director; Eddie Chan, Director of Engineering I Building Official; Elizabeth Rodriguez, Public Services Director; Mary Hull, Human Resources Manager, and Laura Nieto, Chief Deputy City Clerk AB 2449 DISCLOSURES None.

CONSENT CALENDAR
MOTION
ITEM NO. 17

MINUTES
ITEM NO. 18

WARRANTS
A motion was made by Councilmember Breceda, seconded by Councilmember Garcia, to approve the Consent Calendar. The motion was unanimously approved; Councilmember Burrola absent.

MINUTES
The following minutes were approved:
1) Special meeting held June 5, 2023

WARRANTS
None for approval.

END OF CONSENT CALENDAR

SPONTANEOUS

COMMUNICATIONS

ADJOURNMENT
There were no speakers.

There being no further business to conduct, the meeting was adjourned at 8:09 p.m.

Laura M. Nieto, MMC
Chief Deputy City Clerk
SA Item 128

IRWINDALE CITY COUNCIL CHAMBERS
5050 N. IRWINDALE AVENUE
IRWINDALE, CALIFORNIA 91706
JULY 12, 2023

WEDNESDAY
8:18 P.M.

The Irwindale SUCCESSOR AGENCY TO THE IRWINDALE COMMUNITY REDEVELOPMENT AGENCY met in regular session at the above time and place.

ROLL CALL: Present: Councilmembers Mark A. Breceda, Larry G. Burrola; Mayor Pro Tern Albert F. Ambriz

Absent: Councilmember Manuel R. Garcia; Mayor H. Manuel Ortiz Also Present: Julian A. Miranda, City Manager; Adrian Guerra, City Attorney; Theresa Olivares, Assistant City Manager; Christopher Hofford, Chief of Police; Kambiz Borhani, Director of Finance I City Treasurer; Marilyn Simpson, Community Development Director; Eddie Chan, Director of Engineering I Building Official; Elizabeth Rodriguez, Public Services Director; Mary Hull, Human Resources Manager, and Laura Nieto, Chief Deputy City Clerk
AB 2449 DISCLOSURES None.

CONSENT CALENDAR
MOTION
ITEM NO. 17

MINUTES
ITEM NO. 18

WARRANTS
A motion was made by Councilmember Breceda, seconded by Councilmember Burrola, to approve the Consent Calendar. The motion was unanimously approved; Councilmember Garcia and Mayor Ortiz absent.

MINUTES
None for approval

WARRANTS
The warrants were approved.

END OF CONSENT CALENDAR

SPONTANEOUS

COMMUNICATIONS

ADJOURNMENT
There were no speakers.

There being no further business to conduct, the meeting was adjourned at 8:19 p.m.

Laura M. Nieto, MMC
Chief Deputy City Clerk
Accounts Payable
Checks by Date - Summary by Check Number
City of Irwindale as Successor Agency to the
Irwindale Community Redevelopment Agency
Check No Vendor No
80311 ROSENO
Vendor Name
Rosenow Spevacek Group Inc
SA Item 13

IRWINDALE
Check Date
07/18/2023
Report Total (I checks):

Check Amount

68.75 68.75
HA Item 158

IRWINDALE CITY COUNCIL CHAMBERS
5050 N. IRWINDALE AVENUE
IRWINDALE, CALIFORNIA 91706
JUNE 28, 2023

WEDNESDAY
8:09 P.M.

The Irwindale HOUSING AUTHORITY met in regular session at the above time and place.

ROLL CALL: Present: Board Members Mark A. Breceda, Manuel R. Garcia; Vice Chair Albert F. Ambriz; Chair H. Manuel Ortiz

Absent: Board Member Larry G. Burrola
Also present: Julian A. Miranda, Executive Director; Adrian Guerra, General Counsel; Christopher Hofford, Chief of Police; Theresa Olivares, Assistant Executive Director; Kambiz Borhani, Director of Finance I City Treasurer; Marilyn Simpson, Community Development Director; Elizabeth Rodriguez, Public Services Director; Eddie Chan, Director of Engineering I Building Official; Mary Hull, Human Resources Manager, and Laura Nieto, Chief Assistant Authority Secretary
AB 2449 DISCLOSURES None.

CONSENT CALENDAR
MOTION
ITEM NO. 19

MINUTES
A motion was made by Board Member Breceda, seconded by Board Member Garcia, to approve the Consent Calendar. The motion was unanimously approved; Board Member Burrola absent.

MINUTES
The following minutes were approved:

A) Special meeting held June 5, 2023

END OF CONSENT CALENDAR

SPONTANEOUS

COMMUNICATIONS

ADJOURNMENT
There were no speakers.

There being no further business to conduct, the meeting was adjourned at 8:09 p.m.

Laura M. Nieto, MMC
Chief Assistant Authority Secretary