Agenda packet — Lake Forest City Council, November 15, 2022 (part 2 of 2)

ORDINANCE NO. 358

AN ORDINANCE OF THE CITY COUNCIL OF THE

CITY OF LAKE FOREST, CALIFORNIA, AMENDING
VARIOUS SECTIONS OF TITLES 2, 12, AND 13 OF

THE LAKE FOREST MUNICIPAL CODE TO MAKE

MINOR REFINEMENTS, CORRECTIONS, CLEAN-UP
AMENDMENTS; AND ADDING CHAPTER 13.22

PROHIBITING THE USE OF OPEN FLAMES ON
PUBLIC PROPERTY; AND DETERMINING THE

ORDINANCE TO BE EXEMPT FROM CEQA
WHEREAS, the City of Lake Forest (“City”) desires to update various sections of Titles 2, 12, and 13 of the Lake Forest Municipal Code, described particularly in this Ordinance No. 358; and
WHEREAS, such revisions are intended to, among other things, refine and clarify existing Municipal Code provisions, correct clerical errors, or provide consistency within the Code; and
WHEREAS, the City is authorized under its police power to enact regulations to preserve the public health and safety; and WHEREAS, the City’s Code currently regulates the operation of bicycles within the City but does not explicitly address electric bicycles, motorized scooters, and electrically motorized boards, among other similar types of motorized devices, which have seen increased usage throughout the City and State; and WHEREAS, the City desires to update its Code to explicitly refer to the aforementioned motorized modes of transportation and to define those terms in the same manner as they are used in the Vehicle Code so that there is no confusion or inconsistency between local and State law; and WHEREAS, the Vehicle Code provides that local authorities, like the City, may regulate electric bicycles, motorized scooters, and electrically motorized boards in a manner that does not conflict with State law; and WHEREAS, the City desires to regulate electric bicycles, motorized scooters, electrically motorized boards, and similar motorized recreational forms of transportation as allowed by State law; and
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WHEREAS, the City desires to further update its Municipal Code to prohibit the use of open flames on public property in order to address the risks to public health and safety associated with accidental fires.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE
FOREST DOES ORDAIN AS FOLLOWS:

SECTION 1. The City Council hereby finds and determines that the Recitals above are true and correct and incorporated herein.

SECTION 2. The City Council finds that Ordinance No. 358 is not subject to the California Environmental Quality Act (CEQA) because the Ordinance is not a CEQA “project” pursuant to State CEQA Guidelines section 15378(b)(5), which provides that organizational and administrative activities of governments that will not result in physical environmental impacts are not CEQA projects, and here the proposed amendments refine and clarify Municipal Code provisions and correct clerical errors. Further, the City Council finds that State CEQA Guidelines section 15061(b)(3) exempts those activities for which it can be seen with certainty that there is no potential to result in significant environmental effects. The Ordinance has no potential to result in physical change to the environment, directly or indirectly, as the Ordinance refines, clarifies, and corrects clerical errors in the Municipal Code and does not propose nor authorize any action that would have the potential to cause a physical change in the environment, directly or indirectly.

Further, the Ordinance has no potential to result in physical change to the environment, directly or indirectly, as the Ordinance merely (1) prohibits the kindling and maintenance of open flames and fires on public property and (2) regulates and/or prohibits the use of electric bicycles and similar recreational devices. The City Council directs staff to file a notice of exemption within five days of the adoption of this Ordinance.

SECTION 3. Based on the entire record before the City Council, and all written and oral evidence presented, the City Council hereby finds that this Ordinance’s amendments and additions to the Municipal Code are consistent with the City’s adopted General Plan. Specifically, Circulation Element Goals M5 and M6 encourage the City to support and promote safe bicycle usage throughout the City. The purpose of the proposed Municipal Code Amendments is to make certain clean-up amendments, refinements, and corrections of clerical errors and to ensure that the Municipal Code is consistent and clear. Therefore, the Municipal Code Amendment is consistent with the General Plan. It is further the purpose of this Ordinance to add certain new chapters and sections to the Municipal Code related to the regulation and/or prohibition of electric bicycles and other similar recreational transportation devices, as well as to prohibit the kindling and maintenance of open flames and fires on public property. Based on the entire Item: 13
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record before the City Council, and all written and oral evidence presented, the City Council hereby finds that this Ordinance’s amendments and additions to the Municipal Code are consistent with the City’s adopted General Plan. Specifically, Circulation Element Goals M5 and M6 encourage the City to support and promote safe bicycle usage throughout the City. Therefore, the Municipal Code Amendment is further consistent with the General Plan.

SECTION 4. The use of ellipses (…) in those sections of the Municipal Code proposed to be amended indicate the City’s intent not to amend those portions of those sections so omitted.

SECTION 5. Attached as Exhibit “A” to this Ordinance are the zoning code amendments provided herein displayed by Municipal Code section in underline (for additions) and strikethrough (for deletions) format.

SECTION 6. Section 2.04.041 of Title 2 of the Lake Forest Municipal Code is hereby amended as set forth below:
“Section 2.04.041 Approved minutes as official record of proceedings.

A. Approval of Minutes. Unless the reading of the minutes of a City Council meeting is requested by a member of the Council, such minutes may be approved without reading if the City Clerk has previously furnished each member with a copy thereof. Minutes shall be approved by voice or roll call vote.

B. Designated as Official Record. The approved written minutes constitute the official record of City Council proceedings and actions and are superior to any other record, recordation, document, transcript, audiotape, videotape or other memorial or writing of said proceedings and actions. Any other recordings, tapes and records of Council proceedings which may be deemed duplicate records shall be kept only as required by Government Code Section 34090.7 as it presently exists and as it may from time to time be amended. The City Council authorizes the City Clerk to store and destroy said duplicate records in accordance with said section of the Government Code.

C. Video Recording Retention. Whenever a video recording of City Council proceedings is made by the City Clerk to assist in the preparation of the minutes, said recording shall not be destroyed except as otherwise authorized by law.

D. Subsections A through C of this section shall apply to the minutes of the meetings of any City board, commission, committee, task force, or agency after the board, commission, committee, task force, or agency and the City Item: 13
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Council have approved the same. The City Clerk, and every board, commission, committee, task force, or agency secretary or clerk shall retain any video recording made of the proceedings to assist in the preparation of the minutes and such recording shall not be destroyed except in accordance with law.

E. The provisions of this section shall apply to all minutes which have been approved by the body conducting the meeting and by the City Council.” SECTION 7. Section 12.16.070 of Title 12 of the Lake Forest Municipal Code is hereby amended as set forth below:
“Section 12.16.070 Oversized vehicle parking regulations. …
B. The prohibitions contained in this section shall not apply to: (1) vehicles making pickups or deliveries of goods, wares, services, or merchandise to or from any building or structure immediately adjacent to the property on which such building or structure is situated; (2) any ambulance, paramedic, or public safety vehicle involved in an emergency; (3) any vehicle being repaired under emergency conditions, as defined in subsection (C); (4) any vehicle belonging to Federal, State, or local authorities while conducting official business; (5) recreational vehicles, as defined by this Code, excluding recreational vehicles that are being used for commercial purposes as defined in subsection (C)(1), parked in a residential area as defined in subsection (C) for a maximum of seventy-two (72) hours; and (6) vehicles temporarily parked for the purpose of, and while actually engaged in, loading or unloading persons or property.
…

2. “Residential area” shall have the same meaning as “residence district” streets, as defined in California Vehicle Code Section 515.” SECTION 8. Section 13.02.018 of Title 13 of the Lake Forest Municipal Code is hereby amended as set forth below:
“Section 13.02.018 City-sponsored uses.

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exemption shall not apply to vendors present at City-sponsored or co- sponsored events occurring at or on City recreational facilities.” SECTION 9. Section 13.02.020 of Title 13 of the Lake Forest Municipal Code is hereby amended as set forth below:
“Section 13.02.020 User groups.
…
Group I: Recreation activities sponsored or conducted by the City of Lake Forest. Examples: City-conducted or cosponsored citywide community events, leagues, or tournaments.

Group II: Recreation activities sponsored or conducted by the Saddleback Valley Unified School District, and non-profit youth sports leagues open to the public with an “everyone plays” philosophy and a minimum of ninety (90) percent of participants being Lake Forest residents. In the case of overlapping requests from Group II user groups for the use of facilities, priority will be given to the one with the highest percentage of Lake Forest residents participating.

Examples: Lake Forest AYSO soccer, Lake Forest area Little Leagues, Saddleback Pony/Bronco Leagues, Lake Forest NJB basketball, Lake Forest- based girls softball leagues.”
SECTION 10. Section 13.02.032 of Title 13 of the Lake Forest Municipal Code is hereby amended as set forth below:
“Section 13.02.032 Fee payments.

The fees applicable to the use of a facility are due and payable prior to the use of that facility. Charges assessed for actual costs are due and payable upon demand to the user. When fees are due and payable at the time a permit is issued, refunds are permitted if sufficient notice is given to City upon cancellation, as outlined in the facility use administrative policies.” SECTION 11. Section 13.02.034 of Title 13 of the Lake Forest Municipal Code is hereby amended as set forth below:
“Section 13.02.034 Sales and uses.

Authorized user groups which desire to use facilities for fundraising purposes shall be allowed to do so subject to the fee requirements adopted by the City Council and the City's administrative policies.”
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SECTION 12. Section 13.03.030 of Title 13 of the Lake Forest Municipal Code is hereby amended as set forth below:
“Section 13.03.030 Use of alcoholic beverages in recreational facilities.

Alcoholic beverages may be dispensed and consumed in the Community Center, Senior Center, Performing Arts Center, and other recreational facilities and recreational areas within the Community Services Director’s discretion and as approved as part of the facility use application when these facilities are being used for private parties. Alcoholic beverages may also be sold and consumed in these facilities for commercial uses and organizational fund-raising activities pursuant to an alcoholic beverage permit obtained through the California Department of Alcoholic Beverage Control. The facilities where alcoholic beverages may be dispensed pursuant to an alcoholic beverage permit shall be maintained in an administrative policy that implements the provisions of this chapter.” SECTION 13. Section 13.03.040(A) of Title 13 of the Lake Forest Municipal Code is hereby amended as set forth below:
“Section 13.03.040 Alcohol permit and fees.

A. Prior to an event at which alcoholic beverages will be served, as permitted in this chapter, the applicant shall obtain approval from the City to do so. Questions related to serving or sales of alcohol shall be included in the facility use application as provided by the Community Services Department. The applicant shall also pay a fee in addition to any building rental fee to serve or sell alcohol. Such fee shall be determined pursuant to the Master Fee Schedule adopted by resolution of the City Council. The applicant shall also obtain any permit or license required by the California Department of Alcoholic Beverage Control prior to dispensing or consuming alcohol at any recreational facility or recreational area as permitted in this chapter.”
SECTION 14. Section 13.05.040(D) of Title 13 of the Lake Forest Municipal Code is hereby amended as set forth below:
“Section 13.05.040 Entry passes, hours of operation, designated skate area.
…
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of entry passes for skaters, skateboarders, bikers, and other skatepark users who fail to comply with the regulations set forth in Section 13.05.030.” SECTION 15. Section 13.28.040(B)(2) of Title 13 of the Lake Forest Municipal Code is hereby amended as set forth below:
“Section 13.28.040 Civic Center regulations.
…

2. Repairing or Cleaning Vehicles. No person shall clean, wash, polish, repair, or in any manner service any vehicle at the Civic Center. For the purposes of this subsection (B)(2), the term “repair” includes replacing old, worn-out parts of the vehicle with new parts, and the term “service” includes the draining of oil, gasoline, transmission fluid, brake fluid, radiator fluid, or other fluid for the purposes of replacing the same with a new supply. This subsection (B)(2) does not apply to City vehicles or City-hired vendors as permitted by the City Manager or designee, or to the changing of deflated tires or the performance of necessary emergency work on a disabled vehicle for the purposes of immediately moving the disabled vehicle off of Civic Center property, such as to a vehicle repair shop.” SECTION 16. Chapter 13.22 is hereby added to Title 13 of the Lake Forest Municipal Code, to read in its entirety as follows:
“Chapter 13.22 Open Flames on Public Property Prohibited Section 13.22.010 Open flames on public property prohibited.

A. Except as otherwise provided in subsections (B) and (C), no person shall kindle, build, light, or maintain, or authorize to be kindled, built, lit, or maintained, a fire in the public right-of-way or upon any property owned or operated by the City.

B. Exception; Permit. The City’s Building Official, upon consultation with the Orange County Fire Authority, may issue permits authorizing fires otherwise prohibited by subsection (A) above. Notwithstanding the foregoing, the Building Official may designate the Orange County Fire Authority as the entity responsible for issuing said permits.

C. Exception; Designated Areas Subject to Site Reservation System.

Open flames for purposes of cooking and warming edible food are permitted at certain designated areas in City parks pursuant to park site reservations and other regulations established by the City Manager or his/her designee.

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D. Any fire authorized by subsections (B) or (C) shall be subject to, and comply with, all of the following:

1. All conditions of approval imposed on the permit. Said conditions shall include, but are not limited to, a requirement that the permittee comply with all applicable laws, rules, and regulations governing air pollution.

2. The California Fire Code, as adopted and amended by City ordinance.

3. The use of flammable or combustible liquids (except for approved charcoal lighter fluid) is strictly prohibited.

4. The fire must be attended by one or more responsible persons 21 years of age or older at all times until extinguished.

5. A portable fire extinguisher or other approved equipment or method of extinguishing the fire shall be available for immediate use.

6. The fire, including all embers and coals, must be fully extinguished before vacating the area.

D. It is unlawful and a misdemeanor, subject to punishment in accordance with Section 1.01.200 et seq., of this Code, for any person to violate any provision of this chapter. The City Attorney, at the request of the City Council, may institute an action in any court of competent jurisdiction to restrain, enjoin, or abate the condition(s) found to be in violation of the provisions of this chapter, as provided by law. Violations of this chapter may also be enforced through administrative action. The amount of administrative fines associated with violations of this chapter shall be established by OCTAP and adopted by separate resolution of the City Council.”
SECTION 17. Section 12.04.030 of Title 12 of the Lake Forest Municipal Code is hereby amended as set forth below:
“Section 12.04.030 Definitions.
…
R. “Electric bicycle” means an electric bicycle equipped with both fully operable pedals and an electric motor, as further defined by Vehicle Code section 312.5, as it may be amended from time to time.

S. “Electrically motorized board” means any wheeled device that has a floorboard designed to be stood upon when riding, is designed to transport Item: 13
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only one person, and has an electric propulsion system, as further defined by Vehicle Code section 313.5, as it may be amended from time to time.

T. “Electric personal assistive mobility device” means a self-balancing, nontandem two-wheeled device that can turn in place, designed to transport only one person, with an electric propulsion system, as further defined by Vehicle Code section 313, as it may be amended from time to time.

U. “Motorized scooter” means any two-wheeled device that has handlebars, has either a floorboard that is designed to be stood upon when riding or a seat and footrests in place of the floorboard, and is powered by an electric motor, as further defined by Vehicle Code section 407.5, as it may be amended from time to time.”
SECTION 18. Section 12.24.010 of Title 12 of the Lake Forest Municipal Code is hereby amended as set forth below:
“Section 12.24.010 Bicycle operation.

A. Direction of Travel. Persons riding or operating a bicycle or electric bicycle on a bicycle trail or path may proceed in either direction except on those trails or paths designated for one (1) way traffic by appropriate markings or signs defined by the direction of adjacent vehicular traffic.

B. Walking Bicycles. Bicycles and electric bicycles may be walked subject to all provisions of law applicable to pedestrians.

C. Unsafe Operation. In any event, no person shall operate a bicycle or an electric bicycle in any manner that endangers any person or animal or at a speed that is greater than is reasonable and prudent, having due regard for other users and the surface, width, and grade of the road or trail, and in no event in excess of 10 miles per hour, unless a different speed is posted.

The operation of bicycles and electric bicycles on sidewalks is subject to additional requirements and prohibitions set forth in Section 12.24.020 of this Code.

D. Parking. No person shall leave a bicycle or electric bicycle lying on its side on or in a road or trail in such a way as to obstruct pedestrian, equestrian, bicycle, or other vehicular traffic.

E. Helmets. No person under 18 years of age shall ride or operate, whether or not as a passenger, a bicycle or an electric bicycle on any road, bikeway, sidewalk, or trail unless that person is wearing a properly fitted and fastened bicycle helmet. The bicycle helmet must meet the standards set forth in California Vehicle Code Section 21212.”
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SECTION 19. Section 12.24.020 of Title 12 of the Lake Forest Municipal Code is hereby amended as set forth below:
“Section 12.24.020 Recreational transportation on sidewalks.

A. Riding on Sidewalks. Bicycles, electric bicycles, roller skates, roller blades, nonmotorized and motorized scooters, nonmotorized skateboards, electrically motorized boards, and other similar forms of transportation may be ridden on all sidewalks in the City of Lake Forest at a speed not to exceed five (5) miles per hour except upon sidewalks within a business district, upon sidewalks adjacent to any public school building when school is in session, recreation center when in use, church during services, or over any pedestrian overcrossing. At all times, all such modes of transportation shall be operated at a speed that is reasonable and prudent, having due regard for weather, visibility, pedestrian, equestrian, bicycle, and other vehicular traffic, and the surface and width of the sidewalk, and in no event at a speed or in a manner that endangers the safety of any person or property. No person shall leave a bicycle, electric bicycle, roller skate, roller blade, scooter, skateboard, electrically motorized board, electric personal assistive mobility device, or other similar nonmotorized or motorized form of transportation lying on or in a sidewalk in such a way as to obstruct pedestrian, equestrian, bicycle, or other vehicular traffic.

B. Director to Designate Prohibitions. Notwithstanding subsection (A) of this section, the Director, or his or her designee, may designate and declare certain portions of sidewalks and public property where the riding or operation of bicycles, electric bicycles, roller skates, roller blades, nonmotorized and motorized scooters, nonmotorized skateboards, electrically motorized boards, electric personal assistive mobility devices, and other similar nonmotorized and motorized forms of transportation are prohibited. The Director is authorized to erect and maintain signs adjacent to sidewalks designating limits of bicycle prohibitions.

C. Yielding Right-of-Way. Whenever any person is riding a bicycle, electric bicycle, roller skates, roller blades, a nonmotorized or motorized scooter, a nonmotorized skateboard, electrically motorized boards, electric personal assistive mobility devices, or other similar nonmotorized or motorized form of transportation, such person shall yield right-of-way to any and all pedestrians. A person riding or operating any such form of transportation shall further yield to all traffic upon entering a roadway or driveway.

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SECTION 20. Section 12.24.030 of Title 12 of the Lake Forest Municipal Code is hereby amended as set forth below:
“Section 12.24.030 Skateboards, roller skates, etc.

A. No person shall ride a skateboard, scooter, roller skates, or other similar vehicle, other than a bicycle, or cause or permit the same to roll or coast within, the right-of-way of any street or highway in the City of Lake Forest.

B. The provisions of subsection (A) shall not apply to cul-de-sacs where the length of the cul-de-sac is five hundred (500) feet or less.

C. Unsafe Operation. In any event, no person shall ride or operate a skateboard, scooter, roller skates, or other similar vehicle in any manner that endangers any person or animal or at a speed that is greater than is reasonable and prudent, having due regard for other users and the surface, width, and grade of the road or trail, and in no event in excess of 10 miles per hour, unless a different speed is posted. The operation of such modes of transportation on sidewalks is subject to additional requirements and prohibitions set forth in Section 12.24.020 of this Code.

D. Parking. No person shall leave a skateboard, scooter, roller skates, or other similar vehicle on or in a road or trail in such a way as to obstruct pedestrian, equestrian, equestrian, bicycle, or other vehicular traffic.

E. Helmets. No person under 18 years of age shall operate or ride, whether as a passenger or not, a skateboard, scooter, roller skates, or other similar vehicle on any road, bikeway, sidewalk, or trail unless that person is wearing a properly fitted and fastened bicycle helmet. The bicycle helmet must meet the standards set forth in California Vehicle Code Section 21212.” SECTION 21. Section 13.04.010 of Title 13 of the Lake Forest Municipal Code is hereby amended as set forth below:
“Section 13.04.010 Definitions.

The following words shall have the meaning indicated when used in these regulations:

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“Amplified sound” means music, sound wave, vibration, or speech projected or transmitted by electronic equipment, including amplifiers. “Council” means the City Council of the City of Lake Forest, or any person authorized by the Council, pursuant to law, to act in its stead. “Director of Community Services” means the Director of Community Services for the City of Lake Forest. In the event that this position is vacant or eliminated by the City, the Director of Community Services shall be the City Manager or his or her designee. In addition to the regulations provided in Chapter 13.04, this section’s definition for “Director of Community Services” shall apply throughout the Lake Forest Municipal Code. “Electric bicycle” means an electric bicycle equipped with both fully operable pedals and an electric motor, as further defined by Vehicle Code section 312.5, as it may be amended from time to time.
“Electrically motorized board” means any wheeled device that has a floorboard designed to be stood upon when riding, is designed to transport only one person, and has an electric propulsion system, as further defined by Vehicle Code section 313.5, as it may be amended from time to time. “Electric personal assistive mobility device” means a self-balancing, nontandem two-wheeled device that can turn in place, designed to transport only one person, with an electric propulsion system, as further defined by Vehicle Code section 313, as it may be amended from time to time. “Knife or dagger” means any knife, dirk or dagger having a blade of three (3) inches or more in length; any ice pick or similar sharp stabbing tool; any straight-edge razor or any razor blade fitted to a handle. “Motorized scooter” means any two-wheeled device that has handlebars, has either a floorboard that is designed to be stood upon when riding or a seat and footrests in place of the floorboard, and is powered by an electric motor, as further defined by Vehicle Code section 407.5, as it may be amended from time to time.
“Park” means any community park, neighborhood park, or any other recreational facility maintained by the City.
“Vehicle” means any device by which any person or property may be propelled, moved, or drawn.
“Vehicular travel” means travel by a vehicle.

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SECTION 22. Section 13.04.014 of Title 13 of the Lake Forest Municipal Code is hereby amended as set forth below:
“Section 13.04.014 Operations of vehicles, bicycles, skateboards and rollerskates/blades.

A. Roads for Public Use. The provisions of the California Vehicle Code are applicable in the City parks with respect to any way or place of whatever nature which is publicly maintained and open to the use of the public for purposes of vehicular travel. All violations of said Vehicle Code shall be enforced and prosecuted in accordance with the provisions thereof. No person shall park any vehicle except in designated parking areas, provided that this prohibition shall not apply to vehicles owned by the City while engaged in official business, to vehicles owned by a contractor retained by the City while on performing services on behalf of the City.

B. Nonroadway—Bicycles, Skateboards and Roller-Skating/Blading. No person shall drive or otherwise operate a vehicle in a park on any nonroadway (i.e., any surface other than those maintained and open to the public for purposes of vehicular travel) except upon temporary parking areas as may be designated from time to time by the Council, and further excepting vehicles in the service of the City, animal control vehicles, law enforcement vehicles, and motorized wheelchairs. No person shall, in any park on a nonroadway, recklessly operate a bicycle, electric bicycle, electrically motorized board, nonmotorized or motorized scooter, electric personal assistive mobility device, skateboard, rollerskates, rollerblades, or other similar vehicle, except that skateboarding shall be permitted in areas governed by Chapter 13.05, subject to the rules and restrictions set forth therein. For purposes of this subsection, “recklessly” shall mean in willful or wanton disregard for the safety of persons or property. In all cases, pedestrians shall be afforded the right-of-way.

C. Removal of Vehicles. Vehicles parked in areas not designated for parking, including nonroadway areas, may be removed and stored at the owner’s expense by the City Manager or designee.”
D. Sidewalks, Paths, and Walkways in City parks. For all sidewalks, paths, and walkways in City parks, the limits set forth in Section 12.24.020 apply.

SECTION 23. Section 13.05.010 of Title 13 of the Lake Forest Municipal Code is hereby amended as set forth below:
“Section 13.05.010 Definitions.

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“Audio equipment” means any radio, compact disc player, tape player, walkman, megaphone, or any other audio device utilized to transmit or amplify sound.
“BMX Bicycle” or “BMX bike” means a BMX (bicycle motocross) type bicycle with adequately covered or padded pegs.
“Bike” means to ride, operate, or use a bicycle.
“City” means the City of Lake Forest.
“Director” means the City of Lake Forest Director of Community Services, or another person designated by the City Manager.
“Electric bicycle” means an electric bicycle equipped with both fully operable pedals and an electric motor, as further defined by Vehicle Code section 312.5, as it may be amended from time to time. A BMX bicycle or BMX “bike” is not an electric bicycle for purposes of this chapter. “Electrically motorized board” means any wheeled device that has a floorboard designed to be stood upon when riding, is designed to transport only one person, and has an electric propulsion system, as further defined by Vehicle Code section 313.5, as it may be amended from time to time. “Entry pass” means the permit or license issued by the City to allow skating, skateboarding, and biking at the Park.
“Helmet,” for purposes of this chapter, means a safety helmet that meets the standards of the American National Standards Institute (ANSI Z 90.4 bicycle helmet standards), the Snell Memorial Foundation Standard for Protective Headgear for use in bicycling, or the American Society for Testing Materials (ASTM F-1447 standard).
“In-line skates” means in-line skates also known as rollerblades, which are footwear containing four (4) or more axles mounted in a straight line extending generally from or behind the heel of the footwear to or in front of the toe of the footwear with a single wheel attached to each axle. “Park,” for purposes of this chapter, means the Etnies Skatepark of Lake Forest located on Lake Forest Drive, Lake Forest, California, and it includes the skate area at the Park as well as the buildings, grounds, parking lot(s), spectator area(s) and facility areas encompassed within the entire facility. “Scooter” means manually propelled, two (2) wheeled scooters.

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“Skate” or “skateboard” means to ride, operate or use skates or a skateboard.
“Skate area” means the area of the Park specifically designated pursuant to this chapter for skating, skateboarding and biking.
“Skateboard” means a board of any material, which has wheels attached to it and which is propelled or moved by human, gravitational power, and to which there is not fixed any device or mechanism to turn or control the wheels.
“Skates” means any footwear, or device which may be attached to the footwear, to which wheels are attached and such wheels may be used to aid the wearer in moving or propulsion. “Skates” includes rollerskates, in-line skates, and rollerblades.

SECTION 24. Section 13.05.030 of Title 13 of the Lake Forest Municipal Code is hereby amended as set forth below:
“Section 13.05.030 Skatepark regulations.

To ensure the enjoyment, safety and proper use of the Park, all persons using the Park, including all persons skating, skateboarding, or biking at the Park, shall comply with each and every one (1) of the following regulations:

A. Pursuant to the provisions of this chapter and California Health and Safety Code Section 115800(b), no person shall skate, skateboard, or bike unless that person is wearing a properly fitted and fastened helmet, elbow pads designed for skateboarding, in-line skating and/or biking uses with plastic elbow caps, and knee pads designed for skateboarding, in-line skating, and/or biking uses with plastic knee caps.

B. No person shall skate, skateboard, or bike unless all the required equipment is in good repair at all times during use.

C. No person shall enter or be upon the skate area at any time other than during the posted hours of operation for the Park. No person shall enter or be upon the skate area at any time that the Park is closed or when City staff or designated representatives have closed the skate area.

D. No person shall skate, skateboard, or bike anywhere at the Park except in the skate area.

E. No person shall ride, operate, or utilize in the skate area any device other than skateboards, skates, and non-BMX, non-electric bicycles.

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Prohibited devices include, but are not limited to, BMX bikes, electric bicycles, scooters, razors, and all other vehicles.

F. Spectators are not allowed in the skate area. No person shall enter or be upon the skate area unless that person is actively skateboarding, skating, or biking in accordance with these regulations.

G. No person under the age of eight (8) years old shall be permitted to utilize the skate area unless accompanied by an adult.

H. No person shall place any additional piece of equipment, obstacle, apparatus, or other material, including, but not limited to, ramps, jumps, or rails, within the skate area, and no person shall use any such additional piece of equipment, obstacle, apparatus, or other material.

I. No person shall skate, skateboard, or bike when the surface of the skate area is wet or other conditions exist which adversely affect the safety of skateboarders, skaters, or bikers.

J. No person shall use or engage in profanity, reckless or boisterous behavior, including, but not limited to, tandem riding, pushing, horseplay, hazing or bullying, or any other activity which could endanger the safety of persons using the skate area or spectator area.

K. No person shall use, consume, or have within his or her custody or control, food or other beverages, other than water in a plastic container, within the skate area.

L. No person shall use, consume, or have within his or her custody or control, alcohol, tobacco products, or illegal drugs at the Park.

M. No person shall enter or be upon the park or skate area under the influence of alcoholic beverages or illegal drugs or with his or her motor skills or judgment impaired as the result of any alcoholic beverage or drugs.

N. No person shall use or possess glass containers, bottles, or other breakable glass products within the Park.

O. No knives, guns, or weapons of any nature shall be permitted in any portion of the Park.

P. No person shall use a portable or personal radio, stereo, compact disc player, tape player, walkman, megaphone, or any other audio equipment utilized to transmit or amplify sound in the skate area. No person shall use headphones in the skate area.

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Q. No person shall engage in graffiti, tagging, or other defacing of the Park.

R. All persons using the Park area must place trash in receptacles or containers provided by the City.

S. When determined by City staff that a skater, skateboarder, or biker has violated one (1) or more of the regulations set forth in this section, that person, when so directed by City staff, shall leave the skate area and/or the Park.

T. Except for instructors employed or contracted by the City, no person or group shall provide instruction, coaching, or teaching of skating, skateboarding, or biking in the Park for any fee or compensation. No person shall pay another person at the Park for instruction, coaching, or teaching.

U. The Park may not be used by any camp or other group which has charged tuition or other fees to participants covering the period during which participants are present in the Park with the camp or group.” SECTION 25. Section 13.05.050 of Title 13 of the Lake Forest Municipal Code is hereby amended as set forth below:
“Section 13.05.050 Posting of signs.

The Director shall post signs at the entrance to the skate area and at other locations at the Park which the Director determines are appropriate and adequate. The content of the signs shall be determined by the Director, but the signs shall generally cover the regulations in this chapter and have the following information and statements.

1. To skate, skateboard, or bike at the Park, a permit must first be obtained from the City.

2. The hours the Park is open.

3. Skating, skateboarding, and biking are only allowed when the Park is open.

4. Helmets, knee pads, and elbow pads are required to be worn at all times in the skate area and while skating, skateboarding, or biking.

5. The failure to wear helmets, knee pads, and elbow pads will subject violators to citation and prosecution under the Lake Item: 13
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Forest Municipal Code.

6. Skateboarding, skating, and biking are hazardous recreation activities. Skaters, skateboarders, and bikers skate/bike at their own risk of being injured. The City will not be liable for injuries.

7. Only skateboards, skates, non-BMX bicycles, and non-electric bicycles can be used in the skate area.

8. Scooters, razors, electric bicycles, electrically motorized boards, or motorized vehicles are prohibited in the skate area.

9. No person under the age of eight (8) years old shall be permitted to use the skate area unless accompanied by an adult.

10. No skateboarding, skating, or biking on wet surfaces.

11. Spectators are not permitted in the skate area.

12. No portable or personal radio, stereo, CD player, or similar device, or headphones are permitted in the skate area.

13. No unauthorized pieces of equipment, obstacles or apparatus may be brought into the skate area.

14. Skating, skateboarding, or biking outside of the skate area is prohibited.

15. Graffiti, tagging, and defacing the Park are prohibited.

16. Possession of glass containers at the Park is prohibited.

17. Tobacco, alcohol, and drug use are prohibited at the Park.

18. Skating, skateboarding, or biking while under the influence of alcohol or illegal drugs is prohibited.

19. Trash must be deposited in the trash receptacles.

20. Persons violating the regulations will be removed from the Park and may be prohibited from skating, skateboarding, or biking at the Park in the future.

21. Persons violating the regulations will be subject to citation and prosecution under the Lake Forest Municipal Code.”
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SECTION 26. The City Council’s actions are made upon review of the Staff Report, all oral and written comments, and the documentary evidence presented on the Ordinance.

SECTION 27. If any section, subdivision, sentence, clause, phrase, or portion of this Ordinance for any reason is held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.

SECTION 28. The documents and materials associated with this Ordinance that constitute the record of proceedings on which the City Council’s findings and determinations are based are located at Lake Forest City Hall, 100 Civic Center Drive, Lake Forest, California 92630. The City Clerk is the custodian of the record of proceedings.

SECTION 29. The City Clerk shall certify as to the adoption of this Ordinance and shall cause a summary thereof to be published within fifteen (15) days of the adoption and shall post a Certified copy of this Ordinance, including the vote for and against the same, in the Office of the City Clerk, in accordance with Government Code Section 36933.
[SIGNATURES ON FOLLOWING PAGE]
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INTRODUCED by the City Council of the City of Lake Forest at a regular meeting held on the 1st day of November 2022, and PASSED, APPROVED, AND ADOPTED by the City Council of the City of Lake Forest at a regular meeting held on the 15th day of November 2022.
____
ROBERT PEQUEÑO
MAYOR
ATTEST:

LISA BERGLUND, MPA

CITY CLERK
APPROVED AS TO FORM:
________________________
MATTHEW E. RICHARDSON

CITY ATTORNEY
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STATE OF CALIFORNIA )

COUNTY OF ORANGE ) SS

CITY OF LAKE FOREST )
I, Lisa Berglund, City Clerk of the City of Lake Forest, do hereby certify that the foregoing Ordinance No. 358 was duly introduced and placed upon its first reading at a regular meeting of the City Council on the 1st day of November 2022, and thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 15th day of November 2022, by the following vote, to wit:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:
_____

LISA BERGLUND, MPA

CITY CLERK
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EXHIBIT “A”

REDLINE OF LAKE FOREST MUNICIPAL CODE UPDATES
(continued on next page)
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Section 2.04.041
Section 2.04.041 of Title 2 of the Lake Forest Municipal Code is hereby amended as set forth below:
“Section 2.04.041 Approved minutes as official record of proceedings.

C. Audio Tape Video Recording Retention. Whenever a video recording an audio tape of City Council proceedings is made by the City Clerk to assist in the preparation of the minutes, said recording shall not be destroyed except as otherwise authorized by law tape should only be kept until the minutes for that meeting are prepared and approved by the City Council. Thereafter, any tape so made shall be destroyed in accordance with Government Code Section 34090.7.

D. Audio Tape Accessibility to the Public. During the period that an audio tape of a City Council meeting is in the custody of the City Clerk, the City Clerk shall, upon request, make the tape available to interested members of the public during normal business hours.

E. Subsections A through C of this section shall apply to the minutes of the meetings of any City board, commission, committee, task force, or agency after the board, commission, committee, task force, or agency and the City Council have approved the same. The City Clerk, and every board, commission, committee, task force, or agency secretary or clerk shall retain any video recording cause any audio tape made of the proceedings to assist in the preparation of the minutes and such recording shall not to be destroyed except in accordance with law Government Code Section 34090.7.

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E. The provisions of this section shall apply to all minutes and recordings and tapes which have been approved by the body conducting the meeting and by the City Council.”
Section 12.16.070
Section 12.16.070 of Title 12 of the Lake Forest Municipal Code is hereby amended as set forth below:
“Section 12.16.070 Oversized vehicle parking regulations.

A. Except as provided in subsection B, no vehicle shall be stopped, parked, or left standing upon any public street or highway if the vehicle: (1) is in excess of twenty-two (22) feet in length; (2) has more than two (2) axles; (3) is a commercial vehicle, as defined by subsection C, greater than seven (7) feet in height; (4) has a weight in excess of ten thousand (10,000) pounds; (5) has a width in excess of ninety (90) inches as measured at the widest portion of the body, not including mirrors or other extensions; (6) is a trailer, semi-trailer, or trailer coach as defined in the Vehicle Code or similar vehicles; or (7) is an item of farm machinery or special-purpose machine.

B. The prohibitions contained in this section shall not apply to: (1) vehicles making pickups or deliveries of goods, wares, services, or merchandise to or from any building or structure immediately adjacent to the property on which such building or structure is situated; (2) any ambulance, paramedic, or public safety vehicle involved in an emergency; (3) any vehicle being repaired under emergency conditions, as defined in subsection (C); (4) any vehicle belonging to Federal, State, or local authorities while conducting official business; (5) recreational vehicles, as defined by this Code, excluding recreational vehicles that are being used for commercial purposes as defined in subsection (C)(1), parked in a residential area as defined in subsection (C), for a maximum of seventy-two (72) hours; and (6) vehicles temporarily parked for the purpose of, and while actually engaged in, loading or unloading persons or property.

C. For purposes of this section:

1. “Commercial vehicle” shall have the same meaning as defined in Section 260 of the California Vehicle Code. Pick-up trucks, as defined by California Vehicle Code section 471, shall not be considered “commercial vehicles” unless: (a) goods, wares, or property of a commercial nature loaded thereon extends above the manufacturer’s box; (b) the standard bed of the vehicle has been replaced with a utility or stake bed over eighty (80) inches in width; or (c) the vehicle has been Item: 13
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modified to include a rack extending over the length of the vehicle’s bed and currently has goods or wares of a commercial nature stored thereon.

2. “Residential area” shall have the same meaning as include the following: (a) areas zoned for residential use pursuant to Title 9 of this Code and all adopted planned community texts; and (b) “residence district” streets, as defined in California Vehicle Code Section 515.

3. “Emergency conditions” shall mean the need for sudden and unexpected repairs occurring during transport of the vehicle.”
Section 13.02.018
Section 13.02.018 of Title 13 of the Lake Forest Municipal Code is hereby amended as set forth below:
“Section 13.02.018 City-sponsored uses.

Any use of recreational facilities scheduled for City-sponsored or co-sponsored uses shall be deemed a use for City purposes, and shall be exempt from fees, deposits, and permit requirements listed herein. Such determination shall be made by the City Council. This exemption shall not apply to vendors present at City- sponsored or co-sponsored events occurring at or on City recreational facilities.” Section 13.02.020
Section 13.02.020 of Title 13 of the Lake Forest Municipal Code is hereby amended as set forth below:
“Section 13.02.020 User groups.

User groups are established and defined as follows; the examples given do not represent a complete list of the types of activities that may fit within each category:

Group I: Recreation activities sponsored or conducted by the City of Lake Forest or the Saddleback Valley Unified School District. Examples: City conducted or cosponsored citywide community events, leagues, or tournaments.

Group II: Recreation activities sponsored or conducted by the Saddleback Valley Unified School District, and Non-profit youth sports leagues open to the public with Item: 13
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an “everyone plays” philosophy and a minimum of ninety (90) percent of participants being Lake Forest residents. In case of overlapping requests from Group II user groups for the use of facilities, priority will be given to the one with the highest percentage of Lake Forest residents participating. Examples: Lake Forest AYSO soccer, Lake Forest area Little Leagues, Saddleback Pony/Bronco Leagues, Lake Forest NJB basketball, Lake Forest-based girls softball leagues.

Group III: Non-profit youth sports leagues or “travel ball” teams and a minimum of eighty (80) percent of participants being Lake Forest residents. Examples: Youth travel baseball, softball, soccer, football teams.

Group IV: Non-profit youth sports leagues or teams and a minimum of seventy (70) percent of participants being Lake Forest residents. Examples: Youth travel baseball, softball, soccer, football teams.

Group V: Non-profit adult or youth sports groups conducting community oriented sports activities with a minimum of sixty (60) percent of participants being Lake Forest residents. Examples: Adult soccer, softball, youth club teams, private parties.

Group VI: Non-profit organizations or groups, not open to the public, with less than sixty (60) percent of participants being Lake Forest residents. Examples: Adult or youth club teams, private parties, local churches, local homeowners’ associations.

Group VII: Commercial entities or organizations located in Lake Forest. Example:

Local businesses.

Group VIII: Commercial entities or organizations not located in Lake Forest.

Examples: Business not located in Lake Forest, film shoots, parties, events).” Section 13.02.032
Section 13.02.032 of Title 13 of the Lake Forest Municipal Code is hereby amended as set forth below:
“Section 13.02.032 Fee payments.

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the facility use administrative policies i.e., seven (7) business days’ notice for nonrecurring groups.”
Section 13.02.034
Section 13.02.034 of Title 13 of the Lake Forest Municipal Code is hereby amended as set forth below:
“Section 13.02.034 Sales and uses.

Authorized user groups which desire to use facilities for fundraising purposes shall be allowed to do so subject to the policies and fee requirements adopted by the City Council and the City’s administrative policies. Proposed uses which are determined by the City to be solely a commercial undertaking, and without educational, recreational, or cultural benefit to the community, shall be allowed only upon approval of the City Council.”
Section 13.03.030
Section 13.03.030 of Title 13 of the Lake Forest Municipal Code is hereby amended as set forth below:
“Section 13.03.030 Use of alcoholic beverages in recreational facilities.

Alcoholic beverages may be dispensed and consumed in the Community Center, Senior Center, Performing Arts Center, and other recreational facilities and recreational areas within the Community Services Director’s discretion and as approved as part of the facility use application pursuant to an alcoholic beverage permit when these facilities are being used for private parties such as weddings, anniversaries, theater performances, and similar uses. Alcoholic beverages may also be sold and consumed in these facilities for commercial uses and organizational fund-raising activities of nonprofit organizations, church functions, political fundraising dinners, and parties and other similar noncommercial uses pursuant to an alcoholic beverage permit obtained through the California Department of Alcoholic Beverage Control. The facilities where alcoholic beverages may be dispensed pursuant to an alcoholic beverage permit shall be maintained in an administrative policy that implements the provisions of this chapter.”
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Section 13.03.040
Section 13.03.040 of Title 13 of the Lake Forest Municipal Code is hereby amended as set forth below:
“Section 13.03.040 Alcohol permit and fees.

A. Prior to an event at which alcoholic beverages will be served used, as permitted in this chapter, the applicant shall obtain approval from the City to do so an alcoholic beverage permit from the Community Services Director or his or her designee. Questions related to serving or sales of alcohol shall be included in the facility use application The application shall be on a form as provided by the Community Services Department. The applicant shall also pay a fee in addition to any building rental fee to serve or sell alcohol apply for an alcoholic beverage permit. Such fee shall be determined pursuant to the Master Fee Schedule an alcoholic beverage permit fee schedule adopted by resolution of the City Council.

The applicant shall also obtain any permit or license required by the California Department of Alcoholic Beverage Control Board prior to dispensing or consuming alcohol at any recreational facility or recreational area as permitted in this chapter.

B. The Community Services Director shall have the discretion to approve or deny an application for an alcoholic beverage permit, based on cause, and shall also have the discretion to impose conditions of approval upon the alcoholic beverage permit. The Community Services Director may deny an alcoholic beverage permit based on any of the following, without limitation:

1. The applicant is not at least twenty-one (21) years of age;

2. The application contains materially false or intentionally misleading information;

3. The applicant has previously violated conditions of an alcoholic beverage permit or any administrative rule, policy, or regulation that implements the provisions of this chapter;

4. The applicant cannot meet all of the City’s administrative rules, policies, or regulations that implements the provisions of this chapter or cannot otherwise comply with any applicable Federal, State, or local law; or

5. Approval of the permit would have a substantial adverse impact on the health, safety, or welfare of the general public.

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C. Any decision by the Community Services Director relating to an alcoholic beverage permit may be appealed to the City Manager within seven (7) days of the Director’s decision by filing with the City Clerk a written appeal setting forth the grounds for the appeal, along with payment of the City’s appeal fee, which shall be established by City Council resolution. Within fourteen (14) days of receiving a complete appeal application and proof of applicant’s payment of the appeal fee, the City Manager shall render a written decision on the appeal, which shall be delivered to the applicant within seven (7) days of the City Manager’s decision.

The City Manager’s decision shall be final.”
Section 13.05.040
Section 13.05.040 of Title 13 of the Lake Forest Municipal Code is hereby amended as set forth below:
“Section 13.05.040 Entry passes, hours of operation, designated skate area.

A. The Director or designated representative is hereby authorized to establish hours of operation for the Park and is authorized to and shall establish procedures for the issuance, suspension, and revocation of entry passes to skate, skateboard, or bike at the Park. That process shall include, at a minimum, the following:

1. Persons desiring to skate, skateboard, or bike at the Park obtaining a permit, which allows for such skating, skateboarding, and biking.

2. Persons desiring to skate, skateboard, or bike at the Park paying the fees that have been adopted by the City Council.

3. Persons desiring to skate, skateboard or bike at the Park, and where applicable their parents or guardians, being required to complete and sign a liability waiver and release, in the form acceptable to the City Attorney, waiving and releasing the City from any claims that may arise out of injuries suffered while skating, skateboarding or biking at the Park.

4. Skaters, skateboarders and bikers, before receiving the required permit, being required to review and sign a statement that they have read and understand the regulations contained in this chapter and that they will comply with all those regulations.

B. The Director shall designate and demarcate the skate area which will be the area of the Park used for skating, skateboarding and biking.

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C. The hours of operation for the Park, including separate designated times for skating, skateboarding and biking, shall be established by the Director.

D. The Director shall develop a policy to govern suspension or revocation of entry passes for skaters, skateboarders, and bikers, and other skatepark users who fail to comply with the regulations set forth in Section 13.05.030. The policy may provide for a suspension for a period of up to one (1) year for a violator who has previously been issued a written warning. The policy shall require City staff to provide a written notice explaining the violation and cause of the suspension to any person whose entry pass is suspended for more than one (1) week. The policy shall further provide that individuals whose passes are suspended shall have ten (10) days from the date of the revocation and/or ban to request an appeal hearing with the Director. The appeal request shall be in writing and submitted to the Director. Within twenty (20) days of receiving the appeal request the Director shall provide the appeal hearing. The Director shall have the right to reinstate the entry pass and remove the ban, uphold the entry pass revocation and ban, or take any other action deemed appropriate. The holder of a suspended entry pass may appeal the decision of the Director using the procedures in Chapter 1.12 of this Code.”
Section 13.28.040
Section 13.28.040 of Title 13 of the Lake Forest Municipal Code is hereby amended as set forth below, with subsequent, unmodified sections omitted for brevity:
“Section 13.28.040 Civic Center regulations.

A. Duty to Comply. No person shall enter, be or remain at the Civic Center unless he or she complies at all times with all of the posted City regulations applicable to the Civic Center and with all other applicable laws, ordinances, rules and regulations. Any person who violates any posted City regulation applicable to the Civic Center may be subject to administrative, criminal, and/or civil remedies.

B. Operation of Vehicles, Bicycles, Skateboards, and Roller-Skates/Blades.

1. Roads for Public Use. The provisions of the California Vehicle Code are applicable at the Civic Center with respect to any way or place of whatever nature which is publicly maintained and open to the use of the public for purposes of vehicular travel. All Vehicle Code violations shall be enforced and prosecuted in accordance with the provisions thereof. No person shall park any vehicle except in designated parking areas, provided that this prohibition shall not apply to vehicles Item: 13
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owned by the City while engaged in official City business or to vehicles owned by a contractor retained by the City while performing services on behalf of the City.

2. Repairing or Cleaning Vehicles. No person shall clean, wash, polish, repair, or in any manner service any vehicle at the Civic Center. For the purposes of this subsection (B)(2), the term “repair” includes replacing old worn-out parts of the vehicle with new parts, and the term “service” includes the draining of oil, gasoline, transmission fluid, brake fluid, radiator fluid, or other fluid for the purposes of replacing the same with a new supply. This subsection (B)(2) does not apply to City vehicles or City-hired vendors as permitted by the City Manager or designee, or to the changing of deflated tires or the performance of necessary emergency work on a disabled vehicle for the purposes of immediately moving the disabled vehicle off of Civic Center property, such as to a vehicle repair shop. ….”
Chapter 13.22
Chapter 13.22 of Title 13 of the Lake Forest Municipal Code is hereby added in its entirety as set forth below:
“Chapter 13.22 Open Flames on Public Property Prohibited Section 13.22.010 Open flames on public property prohibited.

C. Exception; Designated Areas Subject to Site Reservation System. Open flames for purposes of cooking and warming edible food are permitted at certain designated areas in City parks pursuant to park site reservations and other regulations established by the City Manager or his/her designee.

D. Any fire authorized by subsections (B) or (C) shall be subject to, and comply with, all of the following:

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2. The California Fire Code, as adopted and amended by City ordinance.

3. The use of flammable or combustible liquids (except for approved charcoal lighter fluid) is strictly prohibited.

4. The fire must be attended by one or more responsible persons 21 years of age or older at all times until extinguished.

5. A portable fire extinguisher or other approved equipment or method of extinguishing the fire shall be available for immediate use.

6. The fire, including all embers and coals, must be fully extinguished before vacating the area.

D. Any violation of this section shall constitute a misdemeanor. However, at the discretion of the City Attorney, the violation of any provisions of this section may be filed as an infraction. The complaint charging such violation shall specify whether the violation is a misdemeanor or an infraction.” Section 12.04.030
Section 12.04.030 of Title 12 of the Lake Forest Municipal Code is hereby amended as set forth below:
“Section 12.04.030 Definitions.
…
R. “Electric bicycle” means an electric bicycle equipped with both fully operable pedals and an electric motor, as further defined by Vehicle Code section 312.5, as it may be amended from time to time.

S. “Electrically motorized board” means any wheeled device that has a floorboard designed to be stood upon when riding, is designed to transport only one person, and has an electric propulsion system, as further defined by Vehicle Code section 313.5, as it may be amended from time to time.

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U. “Motorized scooter” means any two-wheeled device that has handlebars, has either a floorboard that is designed to be stood upon when riding or a seat and footrests in place of the floorboard, and is powered by an electric motor, as further defined by Vehicle Code section 407.5, as it may be amended from time to time.” Section 12.24.010
Section 12.24.010 of Title 12 of the Lake Forest Municipal Code is hereby amended as set forth below:
“Section 12.24.010 Bicycle operation.

B. Walking Bicycles. Bicycles and electric bicycles may be walked subject to all provisions of law applicable to pedestrians.

D. Parking. No person shall leave a bicycle or electric bicycle lying on its side on or in a road or trail in such a way as to obstruct pedestrian, equestrian, or vehicular traffic.”
Section 12.24.020
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Section 12.24.020 of Title 12 of the Lake Forest Municipal Code is hereby amended as set forth below:
“Section 12.24.020 Bicycles Recreational transportation on sidewalks.

A. Riding on Sidewalks. Bicycles, electric bicycles, roller skates, roller blades, nonmotorized and motorized scooters, nonmotorized skateboards, electrically motorized boards, and other similar forms of transportation may be ridden on all sidewalks in the City of Lake Forest at a speed not to exceed five (5) miles per hour except upon sidewalks within a business district, upon sidewalks adjacent to any public school building when school is in session, recreation center when in use, church during services, or over any pedestrian overcrossing or other sidewalk where prohibited by posted signs. At all times, all such modes of transportation shall be operated at a speed that is reasonable and prudent, having due regard for weather, visibility, pedestrian and vehicular traffic, and the surface and width of the sidewalk, and in no event at a speed or in a manner that endangers the safety of any person or property. No person shall leave a bicycle, electric bicycle, roller skate, roller blade, scooter, skateboard, electrically motorized board, electric personal assistive mobility device, or other similar nonmotorized or motorized form of transportation lying on or in a sidewalk in such a way as to obstruct pedestrian or vehicular traffic.

B. Director to Designate Prohibitions. Notwithstanding subsection (A) of this section, the The Director, or his or her designee, may designate and declare certain portions of sidewalks and public property to be prohibited to where the riding or operation of bicycles, electric bicycles, roller skates, roller blades, nonmotorized and motorized scooters, nonmotorized skateboards, electrically motorized boards, electric personal assistive mobility devices, and other similar nonmotorized and motorized forms of transportation are prohibited use.

C. Director to Post Prohibitions. The Director, or his or her designee, is authorized to erect and maintain signs adjacent to sidewalks designating limits and of bicycle prohibitions authorized by this chapter.

D. Yielding Right-of-Way. Whenever any person is riding a bicycle, electric bicycle, roller skates, roller blades, a nonmotorized or motorized scooter, a nonmotorized skateboard, electrically motorized boards, electric personal assistive mobility devices, or other similar nonmotorized or motorized form of transportation upon a sidewalk, such person shall yield right-of-way to any and all pedestrians. A person riding or operating any such form of transportation a bicycle upon entering a roadway or driveway from a sidewalk shall further yield to all traffic upon entering a roadway or driveway.

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D. No Effect on ADA Power-Driven Mobility Devices. Notwithstanding anything to the contrary, wheelchairs and other power-driven mobility devices used as a mobility aid by a person with a disability may be ridden or operated on all sidewalks in the City at the speed of pedestrian traffic and in a manner which is safe for the user and other pedestrians.”
Section 12.24.030
Section 12.24.030 of Title 12 of the Lake Forest Municipal Code is hereby amended as set forth below:
“Section 12.24.030 Skateboards, roller skates, etc.

A. No person shall ride a skateboard, scooter, roller skates, or other similar vehicle other than a bicycle, or cause or permit the same to roll or coast within, the right-of-way of any street or highway in the City of Lake Forest.

B. The provisions of subsection (A) shall not apply to cul-de-sacs where the length of the cul-de-sac is five hundred (500) feet or less.

D. Parking. No person shall leave a skateboard, scooter, roller skates, or other similar vehicle on or in a road or trail in such a way as to obstruct pedestrian, equestrian, or vehicular traffic.

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Section 13.04.010 of Title 13 of the Lake Forest Municipal Code is hereby amended as set forth below:
“Section 13.04.010 Definitions.

The following words shall have the meaning indicated when used in these regulations:
“Amplified sound” means music, sound wave, vibration, or speech projected or transmitted by electronic equipment, including amplifiers. “Council” means the City Council of the City of Lake Forest, or any person authorized by the Council, pursuant to law, to act in its stead. “Director of Community Services” means the Director of Community Services for the City of Lake Forest. In the event that this position is vacant or eliminated by the City, the Director of Community Services shall be the City Manager or his or her designee. In addition to the regulations provided in Chapter 13.04, this section’s definition for “Director of Community Services” shall apply throughout the Lake Forest Municipal Code.
“Electric bicycle” means an electric bicycle equipped with both fully operable pedals and an electric motor, as further defined by Vehicle Code section 312.5, as it may be amended from time to time.
“Electrically motorized board” means any wheeled device that has a floorboard designed to be stood upon when riding, is designed to transport only one person, and has an electric propulsion system, as further defined by Vehicle Code section 313.5, as it may be amended from time to time.
“Electric personal assistive mobility device” means a self-balancing, nontandem two-wheeled device that can turn in place, designed to transport only one person, with an electric propulsion system, as further defined by Vehicle Code section 313, as it may be amended from time to time.
“Knife or dagger” means any knife, dirk or dagger having a blade of three (3) inches or more in length; any ice pick or similar sharp stabbing tool; any straight-edge razor or any razor blade fitted to a handle.
“Motorized scooter” means any two-wheeled device that has handlebars, has either a floorboard that is designed to be stood upon when riding or a seat and footrests in place of the floorboard, and is powered by an electric motor, as further defined by Vehicle Code section 407.5, as it may be amended from time to time. “Park” means any community park, neighborhood park, or any other recreational Item: 13
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facility maintained by the City.
“Vehicle” means any device by which any person or property may be propelled, moved, or drawn, excepting a device moved by human power. “Vehicular travel” means travel by a vehicle.”
Section 13.04.014
Section 13.04.014 of Title 13 of the Lake Forest Municipal Code is hereby amended as set forth below:
“Section 13.04.014 Operations of vehicles, bicycles, skateboards and rollerskates/blades.

B. Nonroadway—Bicycles, Skateboards and Roller-Skating/Blading. No person shall drive or otherwise operate a vehicle in a park on any nonroadway, (i.e., any surface other than those maintained and open to the public for purposes of vehicular travel), except upon temporary parking areas as may be designated from time to time by the Council, and further excepting vehicles in the service of the City, animal control vehicles, law enforcement vehicles, and motorized wheelchairs. No person shall, in any park on a nonroadway, recklessly operate a bicycle, electric bicycle, electrically motorized board, nonmotorized or motorized scooter, electric personal assistive mobility device, or skateboard, rollerskates, rollerblades, or other similar vehicle or recklessly rollerskate or rollerblade in any park on a nonroadway, except that skateboarding shall be permitted in areas governed by Chapter 13.05, subject to the rules and restrictions set forth therein.

For purposes of this subsection, “recklessly” shall mean in willful or wanton disregard for the safety of persons or property. In all cases pedestrians shall be afforded the right-of-way.

C. Removal of Vehicles. Vehicles parked in areas not designated for parking, Item: 13
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including nonroadway nonroad-way areas, may be removed and stored at the owner’s expense by the City Manager or designee.”
D. Sidewalks, Paths, and Walkways in City parks. For all sidewalks, paths, and walkways in City parks, the limits set forth in Section 12.24.020 apply.

Section 13.05.010
Section 13.05.010 of Title 13 of the Lake Forest Municipal Code is hereby amended as set forth below:
“Section 13.05.010 Definitions.
“Audio equipment” means any radio, compact disc player, tape player, walkman, megaphone, or any other audio device utilized to transmit or amplify sound. “BMX Bicycle” or “BMX bike” means a BMX (bicycle motocross motorcross) type bicycle with adequately covered or padded pegs.
“Bike” means to ride, operate, or use a bicycle.
“City” means the City of Lake Forest.
“Director” means the City of Lake Forest Director of Community Services, or another person designated by the City Manager.
“Electric bicycle” means an electric bicycle equipped with both fully operable pedals and an electric motor, as further defined by Vehicle Code section 312.5, as it may be amended from time to time. A BMX bicycle or BMX “bike” is not an electric bicycle for purposes of this chapter.
“Electrically motorized board” means any wheeled device that has a floorboard designed to be stood upon when riding, is designed to transport only one person, and has an electric propulsion system, as further defined by Vehicle Code section 313.5, as it may be amended from time to time.
“Entry pass” means the permit or license issued by the City to allow skating, skateboarding, and biking at the Park.
“Helmet,” for purposes of this chapter, means a safety helmet that meets the standards of the American National Standards Institute (ANSI Z 90.4 bicycle helmet standards), the Snell Memorial Foundation Standard for Protective Headgear for use in bicycling, or the American Society for Testing Materials (ASTM Item: 13
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F-1447 standard).
“In-line skates” means in-line skates also known as rollerblades, which are footwear containing four (4) or more axles mounted in a straight line extending generally from or behind the heel of the footwear to or in front of the toe of the footwear with a single wheel attached to each axle.
“Park,” for purposes of this chapter, means the Etnies Skatepark of Lake Forest located on Lake Forest Drive, Lake Forest, California, and it includes the skate area at the Park as well as the buildings, grounds, parking lot(s), spectator area(s) and facility areas encompassed within the entire facility. “Scooter” means manually propelled, two (2) wheeled scooters. “Skate” or “skateboard” means to ride, operate or use skates or a skateboard. “Skate area” means the area of the Park specifically designated pursuant to this chapter for skating, skateboarding and biking.
“Skateboard” means a board of any material, which has wheels attached to it and which is propelled or moved by human, gravitational power, and to which there is not fixed any device or mechanism to turn or control the wheels. “Skates” means any footwear, or device which may be attached to the footwear, to which wheels are attached and such wheels may be used to aid the wearer in moving or propulsion. “Skates” includes rollerskates, in-line skates, and rollerblades.”
Section 13.05.030
Section 13.05.030 of Title 13 of the Lake Forest Municipal Code is hereby amended as set forth below:
“Section 13.05.030 Skatepark regulations.

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pads designed for skateboarding, in-line skating, and/or biking uses with plastic knee caps.

B. No person shall skate, skateboard, or bike unless all the required equipment is in good repair at all times during use.

D. No person shall skate, skateboard, or bike anywhere at the Park except in the skate area.

E. No person shall ride, operate, or utilize in the skate area any device other than skateboards, skates, and or non-BMX, non-electric bikes bicycles. Prohibited devices, include, but are not limited to, BMX bikes, electric bicycles, scooters, razors, and all other motorized vehicles.

F. Spectators are not allowed in the skate area. No person shall enter or be upon the skate area unless that person is actively skateboarding, skating, or biking in accordance with these regulations.

G. No person under the age of eight (8) years old shall be permitted to utilize the skate area unless accompanied by an adult.

I. No person shall skate, skateboard, or bike when the surface of the skate area is wet or other conditions exist which adversely affect the safety of skateboarders, skaters, or bikers.

J. No person shall use or engage in profanity, reckless or boisterous behavior, including, but not limited to, tandem riding, pushing, horseplay, hazing, or bullying, or any other activity which could endanger the safety of persons using the skate area or spectator area.

K. No person shall use, consume, or have within his or her custody or control, food or other beverages, other than water in a plastic container, within the skate area.

L. No person shall use, consume, or have within his or her custody or control, Item: 13
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alcohol, tobacco products, or illegal drugs at the Park.

N. No person shall use or possess glass containers, bottles, or other breakable glass products within the Park.

O. No knives, guns, or weapons of any nature shall be permitted in any portion of the Park.

Q. No person shall engage in graffiti, tagging, or other defacing of the Park.

R. All persons using the Park area must place trash in receptacles or containers provided by the City.

U. The Park may not be used by any camp or other group which has charged tuition or other fees to participants covering the period during which participants are present in the Park with the camp or group.”
Section 13.05.050
Section 13.05.050 of Title 13 of the Lake Forest Municipal Code is hereby amended as set forth below:
“Section 13.05.050 Posting of signs.

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The Director shall post signs at the entrance to the skate area and at other locations at the Park which the Director determines are appropriate and adequate.

The content of the signs shall be determined by the Director, but the signs shall generally cover the regulations in this chapter and have the following information and statements.

1. To skate, skateboard, or bike at the Park, a permit must first be obtained from the City.

2. The hours the Park is open.

3. Skating, skateboarding, and biking are only allowed when the Park is open.

4. Helmets, knee pads, and elbow pads are required to be worn at all times in the skate area and while skating, skateboarding, or biking.

5. The failure to wear helmets, knee pads, and elbow pads will subject violators to citation and prosecution under the Lake Forest Municipal Code.

6. Skateboarding, skating, and biking are hazardous recreation activities.

Skaters, skateboarders, and bikers skate/bike at their own risk of being injured. The City will not be liable for injuries.

7. Only skateboards, skates, non-BMX bicycles, and non-electric bicycles can be used in the skate area.

8. Scooters, razors, electric bicycles, electrically motorized boards, or motorized vehicles are prohibited in the skate area.

9. No person under the age of eight (8) years old shall be permitted to use the skate area unless accompanied by an adult.

10. No skateboarding, skating, or biking on wet surfaces.

11. Spectators are not permitted in the skate area.

12. No portable or personal radio, stereo, CD player, or similar device, and no headphones are permitted in the skate area.

13. No unauthorized pieces of equipment, obstacles or apparatus may be brought into the skate area.

14. Skating, skateboarding, or biking outside of the skate area is prohibited.

15. Graffiti, tagging, and defacing the Park are prohibited.

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16. Possession of glass containers at the Park is prohibited.

17. Tobacco, alcohol, and drug use are prohibited at the Park.

18. Skating, skateboarding, or biking while under the influence of alcohol or illegal drugs is prohibited.

19. Trash must be deposited in the trash receptacles.

20. Persons violating the regulations will be removed from the Park and may be prohibited from skating, skateboarding, or biking at the Park in the future.

Persons violating the regulations will be subject to citation and prosecution under the Lake Forest Municipal Code.”
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CITY COUNCIL AGENDA REPORT
MEETING DATE: 11/15/2022
DEPARTMENT: Public Works
SUBJECT:

APPROVAL OF NONEXCLUSIVE PUBLIC FRANCHISE AGREEMENT WITH

SIFI NETWORKS LAKE FOREST LLC
RECOMMENDED ACTION(S):

1. Approve a Nonexclusive Public Franchise Agreement with SiFi Networks Lake Forest LLC for deployment of Citywide Fiber Optic to the Premises System.

2. Authorize the City Manager, in consultation with the City Attorney, to make any non-substantive changes to the Franchise Agreement deemed necessary.

3. Authorize the City Manager and/or her designee to execute all the necessary documents, in a form approved by the City Attorney.

EXECUTIVE SUMMARY:

In 2021, the City Council adopted Strategic Plan initiative #9, Broadband Feasibility Study. The intent was to study a City led initiative to explore additional internet access alternatives for the community in response to complaints received regarding a lack of competition. Subsequently, the City was approached by SiFi Networks ("SiFi"). SiFi proposes to build a high-speed internet open access network in the city using direct fiber optic connections to each property.

SiFi has stated the new fiber optic system would provide residents with increased choices for internet service and provide 10-gigabit connectivity to residential homes and 100-gigabit to businesses and municipal facilities. Once installed, the network can connect any premise with fiber when the owner of the premise requests service from any of the Internet Service Providers (“ISPs”) on the network. SiFi proposes to complete the installation of the fiber network within two to four years from the commencement of construction. SiFi secures 100% of the project funds prior to construction, ensuring the entire network will be built at once. The network would be installed at no cost to the City and at no obligation to the public.

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The proposed Franchise Agreement would be for an initial term of 32 years and would be renewable for an additional 30 years. This would provide the applicant enough guarantee to secure long-term financing and facilitate stable, high-quality internet for decades. The proposed network build out is intended to provide competitive options for high-speed internet, with multiple ISPs available on the network. SiFi would also include connection points at any city location as requested by the City for future use. This could include connectivity to traffic signals, parks, City-owned facilities, etc. These fiber optic lines could be rented in lieu of the City building its own fiber optic lines. SiFi also offers low-cost internet programs available through its FiberCity® Aid supporting disadvantaged families program. If the Franchise Agreement with SiFi is approved, the City will incur no direct costs for the build out of the fiber optic network.

BACKGROUND:

The City has three goals included in its Strategic Business Plan:

Goal A: Our livable City is well-planned, attractive, and safe Goal B: A city that is engaged, informed, and technologically current Goal C: A city government that is fiscally sustainable and well-run with committed staff
In 2021, the City Council adopted Strategic Initiative #9, Broadband Feasibility Study. The intent of this initiative was to commission a study to determine how to increase competition amongst internet providers for the benefit of Lake Forest customers. The lack of ISP options to purchase internet services is a frequent resident complaint.

Shortly after the adoption of Strategic Business Plan and Initiative #9, the City was approached by SiFi. SiFi proposed to build a high-speed internet open access network in the city using direct fiber optic connections to each property at no cost to the City. SiFi is a global company that has deployed open access fiber networks internationally, including in over 30 cities in North America. Although the company has had a US presence since 2014, it is relatively new to California.

SiFi is actively constructing its networks within Fullerton, Placentia, Rancho Cordova, and Simi Valley. It has also secured city council approval to construct in Bakersfield, Cathedral City, Downey, Escondido, Folsom, Fountain Valley, Kern County, Lancaster, Lynwood, Marysville, Oceanside, Palmdale, Pico Rivera, Pittsburg, Riverside, Ventura, and Yuba City. SiFi owns and operates all equipment within its backbone system and allows ISPs to provide service to each individual property within the city. As an open provider of fiber optic cable, SiFi Item: 14
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allows open access to any ISP for a fee, resulting in increased choices for consumers and increased competition to internet connectivity.

The concept proposed by SiFi is to privately fund the design and construction of a city-wide fiber optic network. The network would be built to include all residences, businesses, institutions, and City facilities within Lake Forest.

Essentially, this proposed project would bring gigabit-level internet and data transfer speeds to every property in Lake Forest. SiFi would then wholesale network access of the fiber lines to ISPs with whom customers may subscribe.

SiFi would own the backbone infrastructure but would not provide internet service directly to the public. Customers that subscribe to internet service that utilizes the SiFi infrastructure would contract with the ISP for service and billing, .

Maintenance and repair of the physical fiber network is wholly the responsibility of SiFi.

If the SiFi arrangement is approved, existing ISPs that provide high-speed internet access in the community will continue to provide those services.

However, not every home and business in the City currently has access to fiber optic infrastructure. Residents and businesses will have the option to continue with their existing ISPs or seek subscriptions with providers who access fiber from SiFi and receive a fiber service drop directly into their homes or businesses.

The proposed franchise arrangement with SiFi is non-exclusive, as it does not prevent any other service providers from installing their own city-wide fiber optic networks or expanding their existing infrastructure to provide a similar service.

From an economic development perspective, the concept of a privately funded and managed city-wide fiber network is a significant opportunity for strengthening Lake Forest's competitive advantage for retaining and attracting businesses, jobs, and private investment.

SiFi is not a registered state utility and therefore not afforded the typical protection that registered utility companies operating under the purview the California Public Utilities Commission receive. As a result, SiFi typically executes agreements with its host cities to obtain right-of-way access, establish the agreed upon permitting process, and memorialize any community benefits to be provided.

DISCUSSION:

Staff worked closely with the City Attorney’s office to develop the proposed Franchise Agreement (Attachment 1). BB&K has negotiated many franchise agreements with SiFi and was familiar with the process and various laws governing these types of franchise arrangements. SiFi, via the proposed Franchise Agreement, is requesting non-exclusive access to the public right-of- Item: 14
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way to install fiber optic lines via micro-trenching technology. Micro-trenching is a small trench generally 2 to 4 inches wide at a depth between 12 to 26 inches that is expressly permitted by State law (SB 378) for the “installation of fiber for high- speed internet access.”
The initial term of the Franchise Agreement is for 32 years with one additional 30-year term extension. This term length provides the necessary assurances for the applicant to make the required private capital investment to install approximately 400 miles of fiber optic cable. This Franchise Agreement functions as a non-exclusive public franchise agreement in a similar form and function as the City’s existing franchise agreements with Southern California Edison. While not a traditional utility company, SiFi's subsurface infrastructure would provide a new type of utility service to individual property-based customers, and the proposed Franchise Agreement term will ensure SiFi is able to amortize its significant initial capital investment in the fiber network.

Under the Franchise Agreement, the City would receive Franchise Fees from video programming services that are using the SiFi network in the same fashion the City currently receives fees from cable providers. Pursuant to Federal law, no franchise fees will be collected from the provision of internet service. However, the City will be able to receive franchise fees from certain video television services delivered over internet connection. For example, Cox communications pays the City a franchise fee not to exceed 5% of video programming gross revenues received from its Lake Forest customers. SiFi is not an ISP and does not provide services directly to the public. Any ISP using the SiFi FiberCity® network to provide video programming services to end users connected to the network are subject to the same state franchise fee regulations and compensation obligations to the City of Lake Forest.

Pending Franchise Agreement approval by the City Council, SiFi would concurrently work to secure the project funding and complete the design of the fiber network. SiFi estimates beginning construction in the last quarter of 2023, with the first residential and business ISP subscribers to begin receiving service in the third quarter of 2024 and completing the installation of the entire network by the end of 2025. Although SiFi anticipates completing the city-wide network installation within two years after the start of construction, the agreement allows for up to two years for the design, and up to four years for construction to account for unknowns during the construction process.

City staff would work closely with SiFi to coordinate the schedule of the City’s paving projects with the construction of the network. As much as feasible, the City would schedule regular maintenance to follow the construction. Like any other encroachment into the public right of way, all City costs associated with the design, plan check, installation, and inspection for the construction of the system would be directly reimbursed to the City.

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Additional pertinent deal points in the Franchise Agreement include:
•Fiber will be installed within every street citywide
•The fiber network will be accessible to every property citywide within 48 months from commencement of construction. The design process should take approximately 12-24 months prior to construction.
•SiFi will have long term agreements in place with ISPs who wish to compete on the network for the community’s business before construction commences.
•SiFi fully funds the entire FiberCity™ network project

•100% of the FiberCity™ project funds are pre-allocated prior to construction, providing assurance that the entire network will be built at one time and not based on an individual neighborhood success before they construct the next phase to the next neighborhood. •SiFi will cover all direct City costs, including staff time associated with plan checks, encroachment permit processing, and field inspections and any repairs associated with the installation of the fiber network. •SiFi works with the City to deploy its low-cost internet programs available through its FiberCity® Aid supporting disadvantaged families program.

SiFi proposes to install service drops at locations designated by the City to connect to the fiber system for the City's exclusive use to connect City-owned facilities, parks, and other properties with gigabit-level network speeds. SiFi would provide these service drops under a separate “Smart City” or “Managed Services Agreement” (“MSA”) if desired by the City. The MSA would be a separate agreement between SiFi and the City and require SiFi to provide use of the fiber network for the City to connect any city building, traffic signal, park, or other City-owned facility to a network in a secure manor at high speeds that the City’s computer equipment dictates. SiFi would hold multiple workshops with staff to assess current, medium, and long-term municipal connectivity requirements to ensure the MSA includes enough network capacity. Each connection would be at a fee to be negotiated with the MSA, if desired by the City, and depending on the total quantity. Staff anticipates a connection fee would be in the range of $25-$50 per month for secure access to a direct fiber optic line.

SiFi proposes utilizing micro-trenching to install the fiber network in the City.

Micro-trenching involves cutting a narrow trench approximately 2 to 4 inches Item: 14
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wide and 12 to 14 inches deep along the edge of the gutter, while maintaining access and traffic flow to the adjacent properties. Once the trench is cut, the fiber cabling is installed, and the trench is backfilled with cement slurry. Staff would work with SiFi to coordinate the proposed trenching with the City’s paving program to minimize disruptions.

After the cement slurry has cured, SiFi would place a finish seal over the backfilled trench to match the color of the roadway surface. The installation process would have minimal impact to residential and commercial properties, as the trenching, conduit installation, and backfill takes place in a single day, with the finish seal installed shortly after.

Minimal Traffic Disruption
1” – 2” Slot Cut Trench
Trench Cut, Installed, Sealed Same Day
Continuous Traffic Flow
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Staff recommends the City Council approve the Franchise Agreement with SiFi for the installation of a city-wide fiber system. If approved, SiFi anticipates completing system buildout within two to four years with the first customers connected approximately eight months from commencement of construction.

FISCAL IMPACT:

There is no cost to the City for deploying the system throughout the community or for the installation of the proposed city service drop locations. Plan check and inspection fees would be paid by SiFi on a reimbursable deposit basis. The FY 22-23 Operating Budget has sufficient funds for plan check and inspection costs for this year. Additional costs would be included with any future budget as needed. As a result, there is minimal fiscal impact associated with the recommended action.

ATTACHMENTS:

Non-Exclusive Public Franchise Agreement with SiFi
Initiated By: Douglas Erdman, Assistant City Engineer
Submitted By: Thomas E. Wheeler, P.E., Director of Public Works/City Engineer Approved By: Debra Rose, City Manager
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Attachment
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NONEXCLUSIVE PUBLIC FRANCHISE
This Nonexclusive Public Franchise Agreement (the “Agreement”) is made by and between the City of Lake Forest (“City”) California, municipal corporation and SiFi Networks Lake Forest LLC, a Delaware limited liability company (“SiFi”) (each of City and SiFi, a “Party” and collectively, the “Parties”).

RECITALS
WHEREAS, the City seeks to enable the deployment of fiber optic infrastructure for community benefit in the City; and
WHEREAS, SiFi owns the rights to the FOCUS (as defined below) proprietary fiber optic cable system technology and has requested from City permission to install a System (as defined below) within the City Boundary (as defined below);
WHEREAS, City has the authority to manage public property through its police power, charter, and other statutory and Constitutional powers granted to municipalities, including but not limited to the authority pursuant to Lake Forest Municipal Code, Chapter 14.48 (Public Franchises) to grant franchises to persons seeking to occupy the public right-of-way for commercial purposes; and
WHEREAS, City recognizes there is a public benefit being served in encouraging and facilitating SiFi’s fiber optic infrastructure deployment plans; and WHEREAS, subject to the terms and conditions set forth herein, the City has agreed to grant SiFi a nonexclusive public franchise to use the Public Way (as defined below) to install, operate, and maintain its System within the City Boundary; and NOW, THEREFORE, in consideration of the mutual obligations of the Parties, and other good and valuable consideration, the receipt and sufficiency of which are acknowledged, the Parties covenant and agree as follows:

SECTION 1

1. Definition of Terms.

1.1 Terms. For the purpose of this Agreement, the following terms, phrases, words, and abbreviations shall have the meanings ascribed to them below. “Access” means facilitation of all necessary City permits, encroachments, and/or license and/or lease agreements for specified areas within the Public Way. “Boundary” means the legal boundaries of the City as of the Effective Date, and any additions or subtractions to the City legal boundaries, by annexation or other legal means.

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“Cabinets” means above ground enclosures placed within the Public Way for the protection of active and passive equipment for the provision of Service throughout the System and as further described in Exhibit A.
“Chambers” means underground enclosures placed within the Public Way facilitating access to the active and passive equipment for the provision of Service throughout the System. “Commencement Date” means the date that Substantial Completion, as that term is defined herein, of the System has been achieved.
“Construction Contractor” or “Contractor” means the construction company(ies) performing the physical work.
“Drop” means the fiber optic cable run from the System at the edge of the Public Way or the Fiber Access Box (“FAB”) or the Toby Box (as each is described in Exhibit A) in the Public Way, as the case may be, to the Premises Wall.
“Facility” or “Facilities” means the secure spaces that the City agrees to make available to SiFi during the Term for the installation of Shelters and Cabinets. “FOCUS” means SiFi’s trademarked FOCUS™ system, know-how and other proprietary rights, comprising, among other things a combination of blown fiber, aerial, and other conventional techniques to enable multi gigabit technologies.
“FON” means SiFi’s fiber optic network built by utilizing a combination of blown fiber, aerial, and/or other conventional techniques, which may also include FOCUS™ design, as well as electronics to enable multi gigabit technologies.
“Hazardous Materials” means any hazardous or toxic wastes, substances, or materials, and any other pollutants or contaminants, which are regulated by any applicable local, state or federal laws.
“Home” means a residential single-family dwelling, or a residential single dwelling unit located within a Multiple Dwelling Unit, located within the Boundary. “Multiple Dwelling Unit” means an apartment building or other building containing more than one residential dwelling unit located within the Boundary. “Microtrenching” means the process of cutting a trench with a dry cut machine and reinstated with cementitious slurry fill as further described in Section 4.1.1. “Pass” or “Passes” means the duct or Chamber as parts of the System has reached to the curbside of a residential Primary Premise, or the engineered point at or near a commercial Premises from which a Drop can be connected.

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“Person” means any natural person or any association, firm, partnership, joint venture, corporation, limited liability company, or other legally recognized entity, whether for profit or not for profit, but shall not mean the City or SiFi.
“Premises” means a Home, Multiple Dwelling Unit, office or other building located within the Boundary.
“Premises Wall” means the exterior of an outside wall of a Premises to which the fiber optic cable can be terminated.
“Primary Premises” means the Premises within the Boundary as of the Effective Date but excluding any Premises which SiFi cannot connect (i) because of a lack of a right to access and use the Public Way due to the City not possessing the right, title, interest or authority to permit SiFi to use and occupy the Public Way in order for SiFi to access such Premises, or (ii) because SiFi’s lack of a right to access any non-City owned property within the Boundary in order to access such Premises, or (iii) if there would be an incremental material cost to connect such Premises would be at least ten percent (10%) higher than the average cost to connect accessible by SiFi Primary Premises within the Boundary, or (iv) where such Premises already have a pre-existing fiber service available to them and do not desire SiFi to connect such Premises. SiFi shall not be required or obligated to make the System available to such Primary Premises described in (i) through (iv) in this definition and Substantial Completion determination shall not be impacted as a result.
“Public Way” shall have the same meaning as “right-of-way” in Lake Forest Municipal Code Section 14.48.020. For the avoidance of doubt, the term “Public Way” shall also mean any easement now or hereafter held by the City within the Boundary for utility or public service use dedicated for compatible uses.
“Release” when used with respect to Hazardous Material means any actual or imminent spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing into or inside any existing improvements or any improvements constructed hereunder, including the System.
“Service” means internet, voice, data, and video service or any combination thereof, provided to Subscribers over the System.
“Service Provider” means any entity, which enters into a contract with SiFi to provide Services over the System.
“Shelter” means the above ground facility housing System equipment as further described in Section 4.2 and in Exhibit A hereto.
“Subscriber” means any Person (which for purposes of this definition shall include the City) that has entered into an agreement to receive or otherwise lawfully receives Service. “Substantial Completion” means the date on which, the System has been installed such that it Passes the addresses of each of the Primary Premises and the System is capable of providing DocuSign Envelope ID: 4E9EB77F-EC6F-4C2C-A30D-140C980D01E0 Item: 14
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Service to each such Primary Premises (but for the lack of a Drop) or four (4) years post construction being commenced, whichever event occurs first; provided, however, in the event that Substantial Completion is deemed to have occurred due to the expiration of four (4) years post construction being commenced, SiFi shall use commercially reasonable efforts to complete, subject to the conditions in the proviso above, such construction as is necessary to provide service to all Primary Premises within a commercially reasonable time. “System” means all parts of the FON system under and above ground in the City that is designed to support the delivery of Service to Subscribers, including the fiber optic cable and its component parts and appurtenances, and the other cables, wires, components, facilities, Cabinets, ducts, conduits, connectors, Shelters, Chambers, manholes, manhole covers, pedestals, appliances, splitters, attachments, and other property, equipment, components, materials, apparatus and appurtenances to the FON system.

SECTION 2

2. Grant of Nonexclusive Franchise.

2.1 Grant of Nonexclusive Franchise for System in Public Way.

SiFi Granted a Nonexclusive Franchise to Public Way. This Agreement sets forth the basic terms and conditions upon which SiFi is granted a franchise to install the System in the Public Way. The particular terms and location of each portion of the System shall be specified in the applicable permit, including but not limited to encroachments , licenses, or other forms of plan review and approval or authorization, as described in Section 3.2 (Permits and General Obligations). Subject to this Agreement and the terms and conditions of any permits, including but not limited to encroachment s, licenses, or other forms of plan review and approval or authorization, the City hereby grants and conveys to SiFi a franchise solely for the purposes to erect, install, construct, repair, replace, reconstruct, maintain, operate or retain in, on, over, under, upon, across, or along any Public Way, the System within the Boundary (the “Franchise Purpose”). SiFi may occupy and use the Public Way in the manner authorized by this Agreement for the Franchise Purpose, described herein, and for no other purpose. SiFi understands and agrees that this Franchise Purpose shall not be exclusive of the right of any other person to use any portion of the Public Way located within the Boundary (except for the Facilities) for the same or similar purpose pursuant to any other franchise or license now or hereafter granted by City. City retains full possession of the Public Way and SiFi will not acquire any interest, temporary, permanent, irrevocable, possessory, or otherwise, by reason of this Agreement, or by the exercise of the permission given herein and SiFi will make no claim to any such interest. SiFi shall have the right, subject to City approval of the applicable permit, which approval shall not be unreasonably withheld, delayed, or conditioned, except for those conditions necessary to protect public health, safety and welfare of persons and public property in the sole but reasonable discretion of the City Public Works Director, to determine the final engineering design and location, including but not limited to depth, width, and height, of all equipment and other parts of the System. Both Parties agree to cooperate during the design and permitting process and SiFi must first disclose all engineering designs to the City for permit approval. Notwithstanding the foregoing, installation of the System and use of the Public Way is subject to the applicable permit for a specific location.

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Abandonment of the System upon Termination of Agreement. Upon the expiration or termination of this Agreement, SiFi shall remove all above ground portions of the System and shall also have the right, but not the obligation, to remove from or abandon in place all or any underground part of the System in the Public Way. Any part of the System abandoned by SiFi as described in this Agreement shall become the property of the City. Within ninety (90) days of the expiration or termination of this Agreement, SiFi must notify the City in writing of its intent to remove or abandon the System. Failure to provide such written notice within the time specified will be deemed an abandonment of the System and City shall have the right to use the Cash Deposit as described in Section 6.3.J to remove any above ground portions of the System if SiFi has failed to do so.

2.1.3 Removal or Relocation for Safety Reasons. If, in the reasonable discretion of the City Public Works Director, any above or below ground portion of the System is installed, operated and/or maintained in material non -compliance with the applicable permit issued by the City, the City Public Works Director shall provide oral and written notice (consistent with Section 10.3) to SiFi and, thereafter, SiFi shall promptly, within the applicable timeframe specified in Section 8.1.1, repair such portion of the System within the time required by the City Public Works Director. If SiFi fails to timely repair such portion of the System as required, the City Public Works Director may, at SiFi’s expense to be paid upon invoice by the City, (i) cause the removal immediately, if necessary, to protect against imminent harm to life or property, or (ii) cause such portion of the System as constitutes a public nuisance to be abated consistent with the provisions of the Lake Forest Municipal Code and/or California law .

Notwithstanding the foregoing, if, in the reasonable discretion of the City Public Works Director, any above or below ground portion of the System becomes a safety hazard at any time during the Term, the City Public Works Director may, at SiFi’s expense to be paid upon invoice by the City, cause the immediate removal of such portion of the System without prior notice to SiFi, if necessary to p rotect against imminent harm to life or property.

2.2 Term of Agreement . This Agreement shall become effective upon the full execution and delivery of this Agreement by the Parties (the “Effective Date”). The term of this Agreement shall commence on Effective Date and run until midnight on the date that is thirty-two (32) years after the Effective Date ( the “Initial Term ”). Following the Initial Term, this Agreement shall automatically renew for one additional term of thirty (30) years commencing on the thirtieth (30th) anniversary of the Effective Date (a “Renewal Term),” and, collectively with the Initial Term, the “Term”) unless SiFi or the City, only in the event if SiFi remains in material uncured noncompliance with the Agreement, provides written notice to the other Party of its intent not to renew at least one hundred eighty (180) days prior to end of the Initial Term. If SiFi elects to not renew this Agreement the System within the Public Way will be deemed abandoned and shall become the property of the City subject to Section 2.1.2 and Section 6.3.J.

2.3 License Agreements for Facilities on City Land .

City and SiFi will negotiate one or more separate written agreements that shall grant SiFi (or any specified licensee, successor, lessee, transferee, or assign) a license (“Shelter Facilities DocuSign Envelope ID: 4E9EB77F-EC6F-4C2C-A30D-140C980D01E0 Item: 14
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Agreements”) to enter and place Shelters in up to two (2) specific locations within the City’s Public Way and/or City owned land (“Shelter Facilities”) if available and agreeable to both Parties. The City and SiFi will negotiate the Shelter Facilities Agreements in good faith and any consideration exchanged thereunder shall be at market rate.

2.4 Permitting Process.

During the Term, and so long as SiFi has made the Monthly Reimbursable Amounts as defined below the City shall provide efficient and diligent good faith review of all applications for permits by SiFi and/or its contractors, to the extent reasonably possible and to the exte nt permits are necessary, including permits or other necessary items for construction work on the System within the Public Way. The City acknowledges and agrees that in order for SiFi to perform its obligations under this Agreement, time is of the essence in connection with permitting, licensing, and approval of the System. Accordingly, once SiFi has submitted a preliminary design for construction work on the improvements in the Public Way, and Shelters in the Facilities on City owned land, if applicable, to the City, the City agrees to process within the timeframes below in connection with all applications for permits by SiFi and/or its contractors in connection with this Agreement in accordance with the following:
(i) The City shall within five (5) business days of submittal by SiFi and/or its contractors of an application or other request for a permit in connection with this Agreement provide written acknowledgment to SiFi and/or its contractor confirming receipt of such submittal; and (ii) The City shall within ten (10) business days of submittal by SiFi and/or its contractors of an application or other request for a permit in connection with this Agree ment acknowledge in writing that such application is properly submitted and complete, or in the event such application is not properly submitted and complete, provide SiFi and/or its contractors with a detailed written explanation of any deficiencies or, if applicable, any additional information and/or correction(s) needed for the City to complete its review process and the timelines specified in this Section 2.4.1 shall reset upon submittal of such required information. Upon curing any such deficiencies, the City shall undertake an expedited review of the application per the t imelines specified herein or other request for permit by SiFi and/or its contractors in order to comply with this Section 2.

4.1. (iii) The City shall within twenty (20) business days of a properly submitted and complete application by SiFi and/or its contractor s of an application or other request for a permit in connection with this Agreement render its final decision on the application and, if applicable, issue any approvals or permits to SiFi and/or its contractors.

Permit applications for construction in the Public Way shall be submitted by SiFi in substantially the standard form published on the City’s official website for permits granted DocuSign Envelope ID: 4E9EB77F-EC6F-4C2C-A30D-140C980D01E0 Item: 14
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pursuant to Chapter 14.08 of the Lake Forest Municipal Code . The engineering details provided in Exhibit A are the typical details that will be primarily used to construct the System.

Nothing herein shall be construed as a promise, warranty, or guarantee of approval of any permit, license, or other land use approval which may be required. Furthermore, SiFi shall have no liability for and shall not be deemed to be in breach of any of its obligations hereunder, if the necessary permits, licenses or approvals are not issued or are issued but not timely by the City , unless the failure to issue or delay in issuing is the fault of SiFi. SiFi is solely responsible for any permit or approval from any other public agency that may be required for the work. This Section

2.4.3 does not apply to any discretionary land use appro val from the City which may be required as a result of the final design for SiFi’s work in the Public Way, which cannot be ascertained as of the Effective Date due to the lack of a final design.

2.5 The permitting process set forth in Sections 2.4.1 – 2.4.3 above shall be facilitated by a single point of contact (“SPOC”) within the City’s Engineering Department. The SPOC in the City’s Engineering Department will be responsible for facilitating and expediting the plan check, permitting process, inspections and communicating with SiFi and its contractors, the City Council, and the general public regarding the construction process and progress. The annual cost and expense to the City associated with employing, training, and retaining a SPOC shall be reimbursed by SiFi, only if pre -approved by SiFi in writing, through Substantial Completion of the System, and shall be included in the invoices from the City under Section 2.6 (“SPOC Costs“).

2.6 Invoices and Payments – Monthly Reimbursable Amounts. Prior to the submittal of the first permit application by SiFi, SiFi shall make an initial deposit in an amount estimated by the City and SiFi shall deposit with the City an amount equal twice the running monthly average for the related City costs over the prior month as reported by the City to SiFi on a monthly basis (in each case, a “Monthly Deposit”). The amounts in the Monthly Deposit shall be applied by the City to the payment of actual fees or charges incurred during the prior calendar month by the City for third-party consultant costs and City staff time associated with the administration of the Permitting Process described in Section 2.4 above, plan check, inspections, SPOC (as defined below) related expenses, and any other applicable charges (collectively, the “Monthly Reimbursable Amounts”). The City reserves the right to stop work at anytime that the City expenses exceed the Monthly Deposit if SiFi fails to make a deposit within ten (10) business days upon receipt of written notice from the City. City represents and warrants that such Monthly Reimbursable Amounts are and will be in accordance with the City’s adopted fee schedule, as may be updated from time to time by City, for all City costs incurred by the City in fulfilling its obligations under the Agreement. The City shall send an itemized electronic invoice and other documents and information which the City prepares or receives with regard to all prior month’s Monthly Reimbursable Amounts to [email protected] showing the actual costs incurred by the City during the prior month. Upon receipt of such notification and invoice, SiFi shall deposit the additional amount, if any, necessary to make the Monthly Deposit equal to twice the amount of the prior month’s Monthly Reimbursable Amounts with the City within ten (10) business days of the date thereof. If SiFi fails to deposit any such additional amount with the City, the City’s obligations to review and process SiFi’s permits shall be suspended until such time that the additional amount is deposited with the City. Any funds remaining from the Monthly Deposit at the end of a given month will roll over to the next month an d offset the amount of the DocuSign Envelope ID: 4E9EB77F-EC6F-4C2C-A30D-140C980D01E0 Item: 14
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Monthly Deposit for such month. SiFi will continue to maintain the Monthly Deposit until Substantial Completion after which time any remaining amounts in the Monthly Deposit will be returned to SiFi.

2.7 Fees, Expenses and other Charges. Except as expressly set forth herein, each Party shall bear and be responsible for all of its own costs, fees and expenses incurred in executing and performing this Agreement. For the avoidance of doubt, in recognition of the public purpose and public benefit being served in encouraging and facilitating SiFi’s fiber optic infrastructure deployment, and because of the payment of the Monthly Reimbursable Amounts and other amounts set forth in this Agreement, SiFi will not be required to pay any assessment or fees that otherwise would or might be levied by the City separately for use of the Public Way. SiFi shall be solely responsible for payment of all Federal, State and loc al taxes in connection with the System. The Parties do not intend by this Agreement, to the extent legally permissible, that SiFi shall be required to pay possessory interest taxes or assessments on SiFi’s use of the Public Way.

Notwithstanding the foregoing, SiFi understands and acknowledges that City cannot guarantee or predict what taxes or assessments SiFi may or may not be subject to as a result of the issuance of this Agreement or the conduct of SiFi’s operations, and further, should any taxation authority conclude that SiFi should pay any possessory interest tax or assessment as a result of SiFi’s use of the Public Way, SiFi, and not City, shall be responsible for paying such taxes or assessments.

2.8 SiFi shall introduce each Service Provider to the City, and City will directly work, subject to a separate agreement between the City and such Service Provider, with all Service Providers with respect to Federal, State, or City required fees or taxes to be invoiced monthly by each Service Provider as a separate line item to any such Service Provider’s active Subscriber and subject to a separate agreement between the City and such Service Provider.

SiFi shall not provide service to any Service Provider on its System that does not comply with required Federal, State, or City required fees or taxes, if SiFi has actual knowledge of such non-compliance. The City agrees that City bonding and insurance requirements will be satisfied by bonds and insurance coverage provided as part of the encroachment permit application and supplied by the Construction Contractor (as principal) performing the construction of the System. Such bonds and insurance documentation to be supplied prior to the start of Construction. Notwithstanding anything to the contrary contained in this Agreement, t he provisions of this Section 2.7 will survive expiration or termination of this Agreement. SiFi shall, at its own expense, obtain and maintain in full effect throughout the Term a City business license, if required, and shall require that each of its contractors and subcontractors obtain a City business license if required based on the work in the City.

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2.7 Relocation, Modification, or Alterations . Excluding relocations requested by the City pursuant to this Agreement and repairs or maintenance to the System, Si Fi may not relocate, materially modify, or materially alter the System components any time after issuance of the permit(s) for the System, except upon City’s written approval which approval will not be unreasonably withheld.

2.8 SiFi shall allow the City to use the System for governmental internal data communication and non -retail purposes, subject to a separate agreement to be negotiated in good faith between the Parties, at a rate substantially less than market rate.

SECTION 3

3. The System.

3.1 System Description. The Parties acknowledge and agree that there is no agreed design or configuration of the actual location of the System within the Public Way at this time and that SiFi shall submit such designs, specifications, plans, and associated details to the City for approval within 180 days of the Effective Date of the Agreement.

3.2 Permits and General Obligations. Following SiFi’s submittal of designs, plans and specifications for the System and City’s reasonable review and approval thereof, SiFi shall apply for applicable permits as provided herein including but not limited to encroachment, licenses, or other forms of plan review and approval or authorization necessary to construct, install, operate, maintain, replace, reconstruct, or repair the System, or any part thereof, during the term of this Agreement and any extension. SiFi shall provide plans to the City for City approval for the issuance of permits to construct the System and the City shall issue such permits in accordance with the timelines specified in Section 2. 4, with associated costs covered by the Monthly Reimbursable Amounts. Construction and installation of the System shall be performed by SiFi and its contractors in a safe manner compliant with all applicable laws and regulations, using materials of good quality. All permits shall provide for and allow work on residential streets at a minimum between 7:30 AM and 5 PM, Mondays to Fridays unless specified otherwise in the applicable encroachment permit and on arterial highways between 9 AM and 3 PM, Mondays to Fridays, unless specified otherwise in the applicable encroachment permit. Specific work hours will be included with each encroachment permit issued. All transmission and distribution structures and equipment installed by SiFi for use in the System in accordance with the terms and conditions of this Agreement shall be located so as to minimize interference with the proper use of the Public Way and the rights of property owners who own property that adjoin any such Public Way. Except for the approved construction techniques specified in Section 4.1 .1 and the specifications listed in Exhibit A, SiFi shall adhere to all then -current and applicable Municipal and Building Code requirements, and SiFi acknowledges that, during the Term, applicable laws (including the City of Lake Forest) are likely to change and such amendments shall apply to SiFi and the System.

SECTION 4

4. Construction and Facilities.

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4.1 SiFi will use commercially reasonable efforts to commence construction on or before a date that is twenty -four (24) months after the Effective Date (the “ Construction Commencement Deadline ”); provided however, in the event of a Force Majeure Event, the Construction Commencement Deadline shall be extended by the time impact resulting from the Force Majeure Event . In addition, SiFi will use commercially reasonable efforts to complete construction of the System on or before a date that is forty eight (48) months after the Construction Commencement Deadline (the “Construction Completion Deadline”); provided however, in the event of a Force Majeure Event, the Construction Completion Deadline shall be extended by the time impact resulting from the Force Majeure Event . The timeline shall also be extended due to and for the length of any delay by the City in performing its obligations hereunder or issuing the permits, licenses and approvals to SiFi or its contractors. Both Parties recognize and agree that SiFi cannot guarantee the Construction Commencement Deadline or the Construction Completion Deadline as many elements are outside of its control. SiFi will keep the City informed of the progress of its schedule at reasonable intervals . Both Parties recognize and agree that once construction begins, SiFi will work , to the extent within its control, continuously within the City to complete the buildout of the entire System. Both parties also acknowledge that other existing or new entities who are authorized to use the Public Way pursuant to state or federal law may seek permits to place facilities in the Public Way, and consistent with the City’s limited authority under state and federal law and the non -exclusive nature of the franchise granted hereunder, this Agreement does not guarantee the availability of space in the Public Way to SiFi for the 6-year period.

4.1.1 The City acknowledges and agrees that SiFi and its contractors intend to use varying construction techniques for the System construction and deployment, which may include, any of the following:
(i) traditional open trench and/or directional boring; in accordance with the City standards for open trench cuts. (ii) slot cut Microtrenching as set forth in the specifications set forth in Exhibit A to this Agreement;
(iii) In addition to notification of DigAlert and potholing, the use of a ground penetration radar system as the primary method for identifying underground utilities prior to any Microtrenching; and/or (iv) aerial cables (shall only be permitted where other aerial facilities and poles exist and existing poles are used) as allowed in the permit.

To the extent consistent with the City’s building codes, the City hereby approves each of the above referenced construction methods and the specifications in Exhibit A to this Agreement and agrees to work cooperatively with SiFi in reviewing all other potential construction methods.

4.1.2 SiFi shall be solely responsible for all repairs, maintenance, and adjustments, and damage to the System, not caused by City’s active negligence or willful DocuSign Envelope ID: 4E9EB77F-EC6F-4C2C-A30D-140C980D01E0 Item: 14
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misconduct. The City shall be liable to the extent any loss or damages to the System or other property and equipment results from the sole active negligence or sole willful misconduct of acts or omissions by the City or its agents.

4.2 Shelters and Cabinets Locations on Private Property. SiFi will provide engineering designs including intended locations of the Shelters and Cabinets required for the System to the City prior to Construction in accordance with City's permitting process. The City and SiFi agree to cooperate in the selection of suitable sites for the Shelters and Cabinets.

However, City has sole and absolute discretion to reject a proposed location; provided that, the City will use reasonable efforts to offer suitable alternative locations.

4.3 System Connections to the Premises Wall. SiFi will provide a terminated fiber to each Subscriber’s Premises receiving a Drop in a manner to be determined by SiFi. The location and the method of the Drop will vary depending on the circumstances of the location of the Subscriber’s Premises. For the avoidance of doubt, this Agreement does not grant access to private property that is not part of the Public Way. In the event SiFi cannot install fiber optic cable or other necessary equipment on private property because of a lack of a right to access the property, SiFi shall not be required to make the System available to such Premises when private easement has not been granted.

SECTION 5

5. Oversight and Regulation by City.

5.1 Oversight of Construction. The City shall have the right to oversee and inspect the Construction of the System in the Public Way.

5.2 Compliance with Applicable Laws. SiFi and the City shall, at all times during the Term, be subject to and comply in all material respects with all applicable federal, state laws and local laws regarding the Construction of the System in the Public Way.

SECTION 6

6. Insurance.

Without limiting liability hereunder, SiFi shall procure and maintain from the date of start of Construction for the duration of the term of the Agreement , insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the SiFi, its agents, representatives, employees, or subcontractors.

6.1 Minimum Scope and Limit of Coverage.

Coverage shall be at least as broad as:

A. Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 covering CGL on an “occurrence” basis, incl uding products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $ 2,000,000 per DocuSign Envelope ID: 4E9EB77F-EC6F-4C2C-A30D-140C980D01E0 Item: 14
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occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. Coverage shall include blanket contractual liability and broad form property damage, premises, operations, explosion, collapse, underground hazard (commonly referred to as “X”, “C” and “U” coverages
B. Automobile Liability: Insurance Services Office Form CA 0001 (any auto), with limits no less than $2,000,000 per accident and $4,000,000 in the aggregate for bodily injury and property damage.

C. Workers’ Compensation insurance as required by the State, with Statutory Limits, and Employers’ Liability insurance with a limit of no less than $ 1,000,000 per accident for bodily injury or disease.

D. Builder’s Risk (Course of Construction) insurance utilizing an “All Risk” (Special Perils) coverage form, with limits equal to the greater of the completed value of the project or five million dollars ($5,000,000) and no coinsurance penalty provisions.

E. Professional Liability with limits no less than $ 2,000,000 per occurrence or claim, and $5,000,000 policy in the aggregate. The retroactive date must be shown, and this date must be before the execution date of the contract or the beginning of contract work. Insurance must be maintained, and evidence of insurance must be provided for at least five (5) years after completion of contract work. If coverage is canceled or non -renewed, and not replaced with another claims - made policy form with a retroactive d ate prior to the contract effective, or start of work date, the SiFi must purchase extended reporting period coverage for a minimum of five (5) years after completion of contract work. A copy of the claims reporting requirements must be submitted to the City for review.

F. Pollution Legal Liability and/or Asbestos Legal Liability and/or Errors and Omissions (if project involves environmental hazards) with limits no less than $ 2,000,000 per occurrence or claim, and $ 5,000,000 policy aggregate. If the servic es involve lead -based paint or asbestos identification/remediation, the Pollution Liability policy shall not contain lead -based paint or asbestos exclusions. If the services involve mold identification/remediation, the Contractors Pollution Liability policy shall not contain a mold exclusion, and the definition of Pollution shall include microbial matter, including mold.

If the Contractor or SiFi maintains broader coverage and/or higher limits than the minimums shown above for all policies, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the Contractor or SiFi. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City to the extent necessary to cover any actual damages suffered by the City.

6.2 Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City in its sole and absolute discretion. At the option of the City, SiFi shall cause the insurer to reduce or eliminate such self - DocuSign Envelope ID: 4E9EB77F-EC6F-4C2C-A30D-140C980D01E0 Item: 14
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insured retentions as respects the City, its officers, officials, employees, and volunteers; or SiFi shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investiga tions, claim administration, and defense expenses. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or City.

6.3 Other Insurance Provisions:

A. Additional Insured. The City of Lake Forest, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of SiFi including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired, or borrowed by or on behalf of SiFi. General liability coverage can be provided in the form of an endorsement to the SiFi’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).

B. Primary Insurance. For any claims related to this project, SiFi’s insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self -insurance maintained by the City, its officers, officials, emplo yees, or volunteers shall be excess of the SiFi’s insurance and shall not contribute with it.

C. Notice of Cancellatio n. SiFi shall provide immediate written notice if (1) any of the required insurance policies is terminated; (2) the limits of any of the required policies are reduced; (3) or the deductible or self -insured retention is increased. In the event of any cancellation or reduction in coverage or limits of any insurance, SiFi shall forthwith obtain and submit proof of substitute insurance.

D. Builder’s Risk (Course of Construction) Insurance. SiFi may, if requested by the City, submit evidence of Builder’s Risk insurance in the form of Course of Construction coverage. Such coverage shall name the City as a loss payee as their interest may appear.

If the project does not involve new or major reconstruction, at the option of the City, an Installation Floater may be acceptable. For such projects, a Property Installation Floater shall be obtained that provides for the improvement, remodel, modificatio n, 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 City’s site.

E. Acceptability of Insurers. Insurance is to be placed with insurers authorized to conduct business in the state with a curre nt A.M. Best rating of no less than A:VII, unless otherwise acceptable to the City.

F. Waiver of Subrogation . SiFi hereby agrees to waive rights of subrogation which any insurer of SiFi may acquire from Contractor by virtue of the payment of any loss. Contractor agrees DocuSign Envelope ID: 4E9EB77F-EC6F-4C2C-A30D-140C980D01E0 Item: 14
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to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waive r of subrogation endorsement from the insurer. However, the Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Contractor, its employees, agents and subcontractors.

G. Verification of Coverage . SiFi shall furnish the City with Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before the date of the start of Construction. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by these specifications, at any time.

H. Contractor/Subcontractors. SiFi shall require and verify that the Contractor and all subcontractors maintain insurance meeting all the requirements stated herein, and SiFi shall require, to the extent possible, the Contractor and all the subcontractors to list City as an additional insured on insurance required from subcontractors. For CGL coverage subcontractors shall provide coverage with a form at least as broad as CG 20 38 04 13.

I. Special Risks or Circumstances . City reserves the right to modify , at any time, these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other circumstances.

J. SiFi’s Maintenance Security. As of the date of commencement of construction of the System and on the first business day of each anniversary thereafter in order to support SiFi’s obligations to restore the condition of the Public Way directly impacted by the construction of the System, SiFi will provide to the City and maintain or substitute throughout the Term of this Agreement, either of the following, at SiFi’s sole option by providing ninety (90) days advanced written notice: (i) a maintenance bond in accordance with the City’s bonding requirements , (ii) letter of credit from a bank of SiFi’s choosing, or (iii) cash in escrow (“Cash Deposit”), subject to A, B and C below , in an aggregate annual amount not to exceed five hundred thousand dollars ($500,000.00).

A. In the event SiFi opts to use a Cash Deposit, t he funds in the Cash Deposit shall remain the property of SiFi until such funds are either (a) applied by the City or (b) released to SiFi, in each case in accordance with C below. The funds in the Cash Deposit shall be held in an escrow account, which wil l be managed by the City, and shall not be subject to any lien, attachment, trustee process or any other judicial process of any creditor of any party hereto.

B. Reporting. City will, at the end of each fiscal quarter, report to SiFi: (a) the balance of the Cash Deposit, (b) any accrued interest based on the prevailing interest earned by City on its own bank deposits and (c) if applicable, any investment income relating thereto. There is no obligation for the City to pay DocuSign Envelope ID: 4E9EB77F-EC6F-4C2C-A30D-140C980D01E0 Item: 14
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interest on the Cash Deposit unless the City receives interest on the Cash Deposit.

Additionally, any time City intends to draw on the Cash Deposit as provided in C below, City will provide to SiFi seven (7) days advanced written notice and report indicating (i) the amount to be drawn, (ii) City’s reasons for the drawing and (iii) the remaining balance thereon.

C. DRAWN DOWN. FORFEITURE AND RELEASE. SiFi agrees
and acknowledges that if SiFi fails to perform its maintenance obligations specified in the Agreement as soon as practically possible after having received notice from the City of the need for such maintenance, the Cash Deposit will be used to cover incidental expenses and costs, damages and fees; provided that if covered by any insurance policies, City will reimburse the Cash Deposit for such insurance paid amounts, including but not limited to: interest, charges by the City to maintain and restore the specific Public Way sites disturbed by SiFi or its contractors to their prior condition pursuant to this Agreement, and any unpaid permit and administrative fees. Any amount in the Cash Deposit, including any investment income related thereto or any accrued interest based on the prevailing interest earned by City on its own bank deposits, shall be released back to SiFi after termination of the Agreement.

SECTION 7

7. Parties' Obligations.

7.1 Obligations of the City. In addition to all other duties and obligations contained elsewhere in this Agreement, City has the following duties and obligations:
(i) Provide a single point of contact (“SPOC”) for SiFi, which SPOC will be responsible to address all issues related to the System, providing coordination with and act as a liaison to City departments, and serving as a communication and troubleshooting resource for SiFi. (ii) Offer the reasonable cooperation of all City departments with respect to relevant issues with respect to the System. Such cooperation will be supervised by the SPOC.
(iii) Subject to Section 3.2, provide SiFi and its representatives with access to all City property and all City assets and infrastructure for which a permit has been issued to SiFi for the installation, inspection, and maintenance of the System and for any other reasonable business purpose with respect to the System, following Substantial Completion, SiFi and/or any contractors it hires will be required to obtain encroachment permits and pay any related permit and inspection fees and comply with all other standard encroachment permit conditions of approval for future maintenance and/or repairs and/or alterations to its System located within the Public Way.

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(iv) Participate in regular status meetings for the coordination of all matters related to the System.
(v) Provide efficient and diligent, as specified in Section 2.4, good faith review of all applications for permits submitted by SiFi or its representatives or contractors, including permits or other necessary items for construction work on the System within the Public Way. (vi) In the event emergency repairs by the City or its contractors in the Public Way are necessary, coordinate the repairs with SiFi, any utilities or other users of the Public Way, in order to facilitate prompt repairs, such coordination to be supervised by the SPOC and the SPOC shall keep SiFi reasonably apprised of the status of such repairs. (vii) When reasonably able, City will provide SiFi with a least thirty (30) calendar days advance notice of any work in the Public Way that requires the relocation of the System pursuant to Section 7.2(v) below. In addition, where possible, the City will provide SiFi with an opportunity to access the System at the time of the excavation in the Public Way by others.

City shall contractually require all City contractors and permittees in the Public Way to maintain the City required insurance and to indemnify the City for any third party claims raised against the City. (viii) City agrees that SiFi shall have the right, subject to the terms and conditions herein, to construct and maintain the System on recently resurfaced public streets , subject to City’s approval , which shall not be unreasonably delayed, withheld or conditioned, upon submission of encroachment permit request. Request shall conform to City’s Encroachment Permit’s Standard Conditions, in cluding street cut moratorium policy.
(ix) City hereby agrees that access to and from the FAB and/or Toby Box to extend the Drop to a Premise may require an annual Citywide encroachment permit from the City for certain work activities. (x) City shall not install or construct, or permit the installation or construction of, any structures, improvements or obstructions on or over the System that unreasonably interferes with SiFi Network’ access to, use and possession of the System, nor shall City otherwise impede, disturb, interfere with, or restrict, SiFi’s access to, use and possession of the System.

7.2 Obligations of SiFi. In addition to all other duties and obligations contained elsewhere in this Agreement, SiFi has the following duties and obligations:
(i) Work closely with the SPOC of the City and relevant City departments with respect to the construction of the System.

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(ii) Comply with all requirements of City for permit and Public Way use applications, to the extent they may be required. (iii) Maintain or provide for the maintenance of the System. (iv) Attend the City’s regular utility coordination meetings regarding upcoming City and other agency projects.
(v) SiFi and its contractors shall register with the State’s Dig Alert safe excavation notification system; and
(vi) SiFi shall be responsible, and assume all costs, for any relocation or protection of any part of the System in the event the relocation or protection of the System is necessary due to changes in any Public Way resulting in Conflict (as defined below) at any time during the Term of this Agreement. Further, SiFi agrees that if any portion of the System interferes due to Conflict with the future surface use of the Public Way by the general public, SiFi will, at SiFi’s own expense, remove or relocate to a location reasonably satisfactory to the City Engineer such portion of the System. If any City improvement to the Public Way requires the relocation or removal of an any portion of the System due to Conflict, provided City has made reasonable efforts to avoid such relocation or removal of the System, SiFi shall relocate or remove the affected portion of the System as directed by the City Engineer at SiFi’s sole expense, except as otherwise provided by State laws. When such relocation is so required due to Conflict, the City Engineer shall give SiFi a written demand, specifying that the affected portion of the System shall be relocated within the Public Way to a satisfactory location provided by the City Engineer and a reasonable time within which the portion of the system shall be relocated or removed. In determining what is a reasonable time for the purposes of this paragraph, the City Engineer shall take into consideration the nature of the encroachment, the urgency of the need for its removal, the cost of its removal, the difficulty of its removal, the value of the intact property to the owner, and other facts specific to the particular situation. (vii) SiFi shall not be required to relocate for any routine curb and gutter and sidewalk maintenance and repair including without limitation repair of potholes, milling and repaving of roadways. As long as City’s contractors exercise reasonable care, neither City nor City’s contractors shall be liable to SiFi for any damages to the System.

Except for the above paragraph and when non-emergency work to be performed by the City or its contractors is reasonably required to be within two inches (2”) radius from the SiFi System in accordance with industry standards (“Conflict”), City shall provide SiFi with not less than thirty (30) calendar days written notice of such Conflict and City shall DocuSign Envelope ID: 4E9EB77F-EC6F-4C2C-A30D-140C980D01E0 Item: 14
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provide all reasonable accommodations including excavating to the SiFi impacted facilities as reasonably requested by SiFi to allow and facilitate coordination with the City contractor in order for SiFi to protect, or to temporarily or permanently relocate the impacted portion of the System; provided that, SiFi shall bear the direct reasonable cost for (i) relocating the affected portion of the SiFi System; and (ii) additional delays or costs incurred by the City for such Conflict work. If SiFi fails to act on such notice of Conflict within thirty (30) calendar days from receipt, City will not be liable to SiFi for any resulting damages to the System. If the City receives less than 30 calendar days’ notice of work that needs to be performed, including but not limited to emergency, exigent or reasonably necessary work, City shall provide notice to SiFi of such in a reasonable timeframe, including but not to limited to those situations set forth in this subsection (iv). SiFi shall provide as-built plans and location services, and reasonably cooperate with engineers and designers, when requested to facilitate the design of construction projects within the Public Way. (viii) Provide response times in connection with repairs to be undertaken by SiFi and/or contractors retained by SiFi to establish the necessary personnel levels for required dispatch, repair, inventory, maintenance, and service of the System commencing upon commencement of Construction as follows:
(i) Depending upon the type of fault or the method of
identification, the City shall notify SiFi of a suspected fault and the generation of a service ticket. The City shall issue to SiFi one of the following service ticket(s), for which SiFi shall provide the corresponding response time:
(1) Standard Response (“STANDARD”)
a) Description: Construction in
progress, capital improvement and other such
projects impacting or potentially impacting the SiFi
System and/or may impact the SiFi System, about
which the City is aware of in advance. Examples of
such projects include mill an d fill projects, side
relocations, road reclamation projects, and other
similar projects, provided that any such
STANDARD repair is subject to the then current
State’s DigAlert safe excavation laws and
regulations.
b) SiFi’s contractor’s response time:

On-site within thirty (30) calendar days
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(2) Non-life-threatening Emergency Response
(“NON-LTER”)
a) Description: Curb and gutter projects,
and utility (including telecommunications) projects
requiring relocation, repair, or replacement that are
impacted by the SiFi System and/or may impact the
SiFi System, provided that any such NON -LTER
repair is subject to the then current State’s DigAlert
safe excavation laws and regulations.
b) SiFi’s contractor’s response time:

On-site within forty-eight (48) hours.
(3) Life Threatening Emergency Response
(“LTER”)
a) Description: Break or hit in the main
gas, main electric, main water, or main sewer or
storm line in the Public Way that has an immediate
and direct impact to the traveling safety of the public in or around the Public Way, and wherein the City’s
ability to implement repairs are impacted by the SiFi
System and/or City repairs may impact the SiFi
System.
b) SiFi’s contractor’s response time:

On-site within four (4) hours
(ii) Upon receipt of a service ticket as set fo rth herein, SiFi will use reasonable efforts to dispatch a technician to the specified fault location as identified by the City. SiFi, working with the City, will then make the determination as to whether the technician will proceed with the repair(s) if possible, wait for arrival of a City contractor, if necessary, for investigation and/or repair of work, or leave the site.
(ix) No later than p rior to commencement of construction, SiFi will provide City with evidence of funding for the project.

SECTION 8

8. Breach; Rights and Remedies; Termination; Indemnification.

8.1. SiFi Breach or Default. In the event the City believes that SiFi has not complied with or is otherwise in default with regard to any material term of this Agreement the City shall DocuSign Envelope ID: 4E9EB77F-EC6F-4C2C-A30D-140C980D01E0 Item: 14
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promptly notify SiFi in writing with specific details regarding the exact nature of the alleged noncompliance or default (a “City Breach Notice”).

8.1.1 SiFi’s Right to Cure or Respond. SiFi shall have thirty (30) calendar days from its receipt of a City Breach Notice (the “Initial SiFi Cure Period”) to:
(i) respond to the City, contesting the assertion of
noncompliance or default and in such event, the Parties shall use commercially reasonable efforts to promptly resolve such contest and to the extent the Parties are unable to resolve such contest within thirty (30) calendar days of SiFi’s response, each Party shall be entitled to seek any and all rights and remedies available to it at law or in equity to resolve such contest; or
(ii) cure an actual default or noncompliance; provided, however, in the event that the default is curable but due to the nature of the default or noncompliance, such default or noncompliance cannot be cured within the Initial SiFi Cure Period, so long as SiFi initiates reasonable steps to remedy and continuously and diligently uses all reasonable efforts to cure such default or noncompliance promptly and notifies the City of the steps being taken and the projected date that they will be completed, the Initial SiFi Cure Period shall be extended for a reasonable amount of time to permit such cure, but not to exceed sixty (60) calendar days from SiFi’s receipt of a City Breach Notice (the “Extended SiFi Cure Period” and together with the Initial SiFi Cure Period, the “SiFi Cure Period”).

8.1.2 City Rights and Remedies.
(i) Except as provided in Sections 8.1.2(ii), (iii) and (iv) below which shall control in connection with the events described therein, if SiFi fails to cure any actual noncompliance or default as provided in Section 8.1.1(ii) above within the SiFi’s Cure Period, the City may:
(a) seek specific performance of any provision of
this Agreement which lends itself to such remedy as an alternative to money damages;
(b) seek money damages from SiFi;
(c) hire a contractor to complete repairs/work
and SiFi to pay actual market costs plus overhead; or
(d) in the event of the breach of, noncompliance
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this Agreement and seek any and all rights and remedies available to it at law or in equity.
(ii) Subject to Section 10.2 below, in the event SiFi fails to commence Construction on or before the Construction Commencement Deadline in accordance with Section 4.1 above and subsequently fails to co mmence Construction within the SiFi Cure Period, the City may terminate this Agreement by written notice to SiFi and neither Party shall have any liability or obligation under this Agreement.
(iii) Subject to Section 10.2 below, in the event SiFi fails to complete construction of the System by the Construction Completion Deadline in accordance with Section 4.1 above and subsequently fails to complete said construction within the SiFi Cure Period, the City may (i) terminate this Agreement by written notice to SiFi , in which event neither Party shall have any liability or obligation under this Agreement; or (ii) permit SiFi to continue all network operations necessary to maximize use of the existing FON in accordance with this Agreement; provided, however the City s hall have authority over all extensions of the FON in the Public Way. In the event City elects to permit SiFi to continue all network operations, such permission may include mutually agreed and executed amendments of this Agreement. In addition, prior to such termination by City, the City and SiFi shall meet in person or by video meeting, and both SiFi and the City shall both utilize good faith efforts to resolve any dispute.

SiFi shall at all times retain ownership of the System unless abandoned under Section 2.1.2.
(iv) Subject to Section 10.2 below, at any time after Partial Operation is achieved, in the event no internet, voice, data, or video service of any kind is capable of being provided over the System for a period, but excluding the duration of any Force Majeure per Section 10.2, in excess of ten (10) consecutive days and SiFi fails to restore such capability within the SiFi Cure Period, the City may terminate this Agreement by written notice to SiFi. In addition, prior to such termination by City, the City and SiFi shall meet in person or by video meeting, and both SiFi and the City shall utilize good faith efforts to resolve any dispute. SiFi shall at all times retain ownership of the System unless abandoned under Section 2.1.2. (v) Notwithstanding anything to the contrary in this Agreement, in no event shall the City be permitted to terminate this Agreement for breach by SiFi, if such breach was caused by the City.
(vi) Require SiFi to remove any above ground infrastructure and restore pavement to its original condition
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8.2 City Breach or Default. In the event SiFi believes that the City has not complied with or is otherwise in default with regard to any term of this Agreement, SiFi shall promptly notify the City in writing with specific details regarding the exact nature of the alleged noncompliance or default (a “SiFi Breach Notice”). The failure to promptly provide such notice, however, shall not act as a waiver of any rights and remedies of SiFi hereunder unless and only to the extent that the City is materially prejudiced by such failure.

8.2.1 City's Right to Cure or Respond. The City shall have (30) calendar days from its receipt of a SiFi Breach Notice (the “City Cure Period”) to :
(i) respond to SiFi, contesting the assertion of noncompliance or default and in such event, the Parties shall use commercially reasonable efforts to promptly resolve such contest and to the extent the Parties are unable to resolve such contest within thirty (30) calendar days of the City’s response, each Party shall be entitled to seek any and all rights and remedies available to it at law or in equity to resolve such contest; or (ii) cure an actual default or noncompliance; provided, however, in the event that the default is curable, but due to the nature of the default or noncompliance, such default or noncompliance cannot be cured within the City Cure Period, so long as the City initiates reasonable steps to remedy and continuously and diligently uses all reasonable efforts to cure such default or noncompliance promptly and notifies SiFi of the steps being taken and the projected date that they will be completed, the City Cure Period shall be extended for a reasonable amount of time to permit such cure, but not to exceed sixty (60) calendar days from the City’s receipt of a SiFi Breach Notice (the “Extended City Cure Period”); provided further, however, no Extended City Cure Period shall apply to a Permit Issuance Breach.

8.2.2 SiFi Rights and Remedies. If the City fails to cure any actual noncompliance or default as provided in Section 8.2.1(ii) above within the applicable City Cure Period, SiFi may:
(i) seek specific performance of any provision of this Agreement which lends itself to such remedy as an alternative to money damages; and (ii) in the event of the breach of, noncompliance with or default under any material term of this Agreement, terminate this Agreement and seek any and all rights and remedies available to it at law or in equity.

8.3 Additional Rights to Terminate.

8.3.1 At any time prior to commencing Construction or in the event the City fails to comply with the requirements of the Agreement, SiFi DocuSign Envelope ID: 4E9EB77F-EC6F-4C2C-A30D-140C980D01E0 Item: 14
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shall have the immediate right, at its option, upon written notice to the City to terminate this Agreement and shall be entitled to any and all other rights and remedies available to it at law or in equity.

8.3.2 A Party shall have the right, at its option, upon notice to the other Party to terminate this Agreement if the other Party becomes (i) insolvent, admits in writing its inability to pay its debts as they mature, makes an assignment for the benefit of creditors, or becomes subject to direct control of a trustee, receiver or similar authority, or (ii) subject to any bankruptcy or insolvency proceeding under federal, state or foreign statutes which is not rescinded or dismissed within thirty (30) days.

8.4 Indemnification.

SiFi shall defend, indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner which actually or allegedly arise out of or are incident to any alleged acts, omissions, negligence or willful misconduct of SiFi, its officials, officers, employees, agents, and contractors/subcontractors arising out of or in connection with the performance under this Agreement including use or occupancy of the Public Way, and operation and use of the System, or non- compliance with any federal or state telecommunications laws, including without limitation the payment of all attorney’s fees and other related costs and expenses except where caused by the active negligence, sole negligence, or willful misconduct of the City its officers, officials, employees and volunteers. SiFi shall defend, at its own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against the City, its directors, officials, officers, employees, representatives, consultants, agents or volunteers. SiFi shall pay and satisfy any judgment, award or decree that may be rendered against the City or its directors, officials, officers, employees, agents or volunteers, in any such suit, action or other legal proceeding. SiFi shall reimburse the City, its officials, officers, employees, agents and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. SiFi’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City its officials, officers, employees, agents or volunteers. In no event shall City be liable for any damage or cost arising out of the failure of the System to provide Services except for failures directly caused by City’s acts or omissions.

8.5 Limitation of Liability. IN NO EVENT WILL EITHER PARTY BE LIABLE

TO THE OTHER PARTY FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL,

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WHATSOEVER, INCLUDING ANY LOST SAVINGS OR HARM TO BUSINESS. EACH

PARTY HEREBY RELEASES THE OTHER PARTY AND ITS AFFILIATES AND THEIR

RESPECTIVE DIRECTORS, OFFICERS, MANAGERS, MEMBERS, EQUITY AND DEBT

HOLDERS, PARTNERS, EMPLOYEES, CONTRACTORS AND REPRESENTA TIVES AND

THEIR HEIRS, SUCCESSORS AND ASSIGNS , FROM CLAIMS FOR ANY SUCH DAMAGES. SiFi aggregate liability under this Agreement shall be limited to seven million dollars ($7,000,000). Notwithstanding anything to the contrary contained in this Agreement, t he provisions of this Section 8.5 will survive expiration or termination of this Agreement.

SECTION 9

9. Disputes.

9.1 If the Parties fail to mutually and promptly resolve, all claims, disputes or controversies arising out of, or in connection with, the breach, interpretation, application, or enforcement of this Agreement, or arising out of, or in connection with, the System, shall be decided in a court of law. The sole and exclusive venue for all claims, disputes or controversies arising out of, or in c onnection within the breach, interpretation, application, or enforcement of this Agreement, or arising out of, or in connection with, the System, shall be the United States District Court in Orange County.

SECTION 10

10. Miscellaneous Provisions

10.1 Assignment. The provisions of this Agreement shall be binding upon and shall inure to the benefit of the Parties hereto and each of their respective successors and assigns as provided herein. Except as provided otherwise herein, neither Party shall be permitted to assign, sell or transfer this Agreement, or its rights and duties under this Agreement, without the prior written consent of the other Party, which consent shall not be unreasonably withheld, conditioned, or delayed. SiFi shall have the right to assign, novate, sell, encumber, or transfer this Agreement and the System or any part thereof, only with the consent, which shall not be unreasonably withheld, conditioned, or delayed, of the City to SiFi’s principal, affiliates, subsidiaries, subsidiaries of its principal or to any entity which acquires all of the SiFi's assets in the market by reason of a merger, acquisition, or other business reorganization, provided such assignee, purchaser, or transferee has all appropriate licenses , to the extent SiFi’s licenses, permits and approvals cannot be assigned or transferred, for the operation, management, and maintenance of the facilities contemplated herein and sufficient financial resources to fulfill all ap plicable terms and obligations under this Agreement. At least thirty (30) days prior to the effective date, or as soon as practicable, of any such assignment, sale or transfer, SiFi shall provide City with a fully executed copy of the assignment, sale or transfer document, signed by both SiFi and assignee/purchaser/transferee, indicating the assignee's/purchaser's/ transferee's assumption of all of SiFi's performance duties, liabilities and obligations under this Agreement. SiFi shall not be relieved of its performance duties, liabilities or obligations under this Agreement until City is in receipt, of a fully executed copy of the document evidencing such assignment of the obligations herein and the assignee’s/purchaser’s/transferee’s assumption of SiFi’s performance duties, DocuSign Envelope ID: 4E9EB77F-EC6F-4C2C-A30D-140C980D01E0 Item: 14
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liabilities, and obligations under this Agreement. Otherwise, SiFi may not otherwise assign this Agreement or the System without City’s consent, City’s consent not to be unreasonably withheld, conditioned, or delayed . Upon any such fully executed assignment, sale, transfer, or novation, SiFi shall be released from all obligations and liabilities under this Agreement from and after the date of such assignment. SiFi shall give the City fourteen (14) days' advance notice of such assignment, sale, transfer or novation disclosing the identity of the Person to whom it has been assigned, transferred, sold or novated. The City agrees, upon request, to promptly deliver (and in no event later than ten (10) days after request by SiFi) to SiFi an estoppel certificate addressed to the assignee, buyer or transferee designated by SiFi, affirming for the benefit of such buyer, assignee or transferee the following (to the extent that the following are then true): the Agreement is in full force and effect; SiFi is not in default thereunder; and such other matters as such assignee, buyer or transferee may reasonably request.

10.2 Force Majeure. Except as otherwise expressly set forth in this Agreement, SiFi will not be held in default under, or in breach or noncompliance with, the provisions of this Agreement, nor suffer any enforcement or penalty relating to noncompliance or default (including termination, cancellation or revocation of this Agreement), where such noncompliance or alleged defaults occurred or were caused by any of the following events (each a “Force Majeure Event”):
(i) labor strike, riot, war, earthquake, flood, hurricane, pandemic, drought, tornado, or other acts of nature that materially interfere with SiFi’s ability to perform its obligations under this Agreement; (ii) failure of utility service necessary to construct the System ; and(iii) any governmental, administrative or judicial order that prohibits SiFi from constructing the System, provided that said order is issued in connection with events or circumstances beyond SiFi’s reasonable control. Force Majeure Events also include work delays caused by waiting for (i) utility providers to service or monitor their own utility infrastructure on which SiFi’s fiber optic cable and/or equipment may be deployed; (ii) the unavailability of materials and/or reasonably qualified labor to perform the work , provided that SiFi has undertaken commercially reasonable efforts to obtain such materials and/or qualified labor; or (ii i) third parties’ acts or omissions within the Public Way which materially interfere with SiFi’s ability to perform its obligations under this Agreement. SiFi shall promptly give written notice to the City of the occurrence of any Force Majeure Event and the end of the Force Majeure Event.

10.3 Notice. All notices and communications hereunder shall be in writing and shall be served upon the other party by hand delivery, nationally recognized overnight delivery service, United States certified mail, return receipt requested, or by electronic mail and addressed as follows:

IF TO THE CITY:

City of Lake Forest,
City Hall
100 Civic Centre Drive,
Lake Forest, CA 92630
Attn: Thomas Wheeler
Email: [email protected]

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With a courtesy copy to:

Best Best & Krieger LLP
ATTN: Matthew Richardson

18101 Von Karman Ave., Suite 1000
Irvine, CA 92612
Email: [email protected]

IF TO SIFI:

SiFi Networks Lake Forest LLC
103 Foulk Road, Suite 500
Wilmington, DE 19803
Email: [email protected]

or to such other address as such Party may hereafter specify for the purpose by notice to the other Party in the manner provided in this Section 10.3. All such notices, requests and other communications will be deemed received on the date of receipt if received prior to 5 p.m. on any business day in the place of receipt. Otherwise, any such notice, request or communication will be deemed not to have been received until the next succeeding business day in the place of receipt.

Rejection or other refusal to accept or inability to deliver because of change of address of which no notice was given shall be deemed to be receipt of the notice.

10.4 Entire Agreement. This Agreement, including all Exhibits, embodies the entire understanding and agreement of the City and SiFi with respect to the subject matter hereof. This Agreement supersedes all other agreements whether written, verbal, or otherwise between SiFi and the City with respect to the subject of this Agreement.

10.5 Severability. If any term or provision of this Agreement is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement (which other terms and provisions shall remain in full force and effect) or invalidate or render unenforceable such term or provision in any other jurisdiction. Upon such determination that any term or other provision is invalid, illegal or unenforceable, the Parties hereto shall negotiate in good faith to modify this Agreement so as to effect the original intent of the Parties as closely as possible in a mutually acceptable manner in order that the transactions contemplated hereby be consummated as originally contemplated to the greatest extent possible.

10.6 Governing Law; Venue. This Agreement shall be deemed to be executed in the State of California and shall be governed in all respects, including validity, interpretation and effect, and construed in accordance with, the laws of the State of California as applicable to contracts entered into and performed entirely within the State of California, irrespective of conflict of laws principles. Venue shall be the U.S. District Court in Orange County.

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10.7 Modification. This Agreement shall not be amended or otherwise modified, in whole or in part, except by an instrument, in writing, duly executed by the City and SiFi. For the avoidance of doubt, this Agreement cannot be amended or modified orally or by course of conduct, and no executory agreement, oral agreement or course of conduct shall be effective to amend or modify this Agreement in whole or in part.

10.8 No Third Party Beneficiaries. Nothing in this Agreement or in any prior agreement is or was intended to confer third party beneficiary status on any party or Person not a party to this Agreement including a member of the public.

10.9 No Waiver of Rights. Nothing in this Agreement shall be construed as a waiver of any rights, substantive or procedural that SiFi or the City may have under federal or state law unless such waiver is expressly stated herein.

10.10 No Rights to the System. The City expressly agrees that, except as expressly set forth in this Agreement, it does not and shall not claim at any time any interest or estate of any kind or extent whatsoever in the System, throughout the term of this Agreement. Except as provided in Section 8.1.2 (iii) and Section 8.1.2 (iv) above, SiFi shall, at all times, retain title to and ownership of the System and all future extensions of the System, and shall have the right to lease the System or parts thereof to a provider of internet, data, voice, video and other services.

10.11 Representations and Warranties.

10.11.1 The City represents and warrants to SiFi that: (a) it has full authority (including the authority required by any applicable law, ordinance, rule or regulation) to enter into and perform this Agreement and the execution, delivery and performance of this Agreement and the consummation of the transactions contemplated hereby and thereby are within the right, power and authority of the City and have been duly authorized by all necessary action on the part of City, (b) this Agreement has been duly executed and delivered by the City and it constitutes a legal, valid and binding agreement of the City enforceable against the City in accordance with its terms (except as enforcement may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or similar laws affecting creditors’ rights generally and by general principles of equity) and (c) the execution and delivery of this Agreement by the City and its performance hereunder and thereunder will not violate any law, ordinance, rule, or regulation applicable to the City.

10.11.2 SiFi represents and warrants to the City that: (a) it has full authority to enter into and perform this Agreement and the execution, delivery and performance of this Agreement and the consummation of the transactions contemplated hereby and thereby are within the power and authority of SiFi and have been duly authorized by all necessary action on the part of SiFi, (b) this Agreement has been duly executed and delivered by SiFi and it constitutes a legal, valid and binding agreement of SiFi enforceable against SiFi in accordance with its terms (except as enforcement may be limited by applicable bankruptcy, DocuSign Envelope ID: 4E9EB77F-EC6F-4C2C-A30D-140C980D01E0 Item: 14
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insolvency, reorganization, moratorium or similar laws affecting creditors’ rights generally and by general principles of equity); (c) the execution and delivery of this Agreement by SiFi and its performance hereunder and thereunder will not violate any law, rule, or regulation applicable to SiFi; and (d) prior to the Construction Commencement Deadline, SiFi will provide to City a letter from SiFi’s financial partners evidencing financial commitment to achieve Substantial Completion.

10.11.3 SiFi represents and warrants and covenants to City as follows:
(a) As of the Effective Date SiFi is a limited liability company organized and existing under the laws of the State of Delaware, and is duly qualified to transact business and is in good standing in the State of California; (b) Labor Standards. SiFi is aware of the requirements of California Labor Code sections 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq. (the “Prevailing Wage Laws”).

SiFi agrees to comply with such Prevailing Wage Laws with respect to any work under this Agreement which constitutes, or is determined by the Department of Industrial Relations or by a court to be, a “public works” project under California law. Accordingly, SiFi shall also defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless pursuant to the indemnification provisions of this Agreement and from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws in connection with this Agreement.
(c) As of the Effective Date SiFi has and for the Term, SiFi will apply commercially reasonable efforts to secure the financial, technical and legal capability to perform its obligations under this Agreement and its performance under this Agreement shall be in compliance with all applicable federal, state and local laws and government rules and regulations including telecommunications laws and Prevailing Wage Laws applicable to SiFi. (d) As of the Effective Date SiFi represents that (i) it is not a public utility; (ii) it does not hold and, to the best of its knowledge, is not legally required to hold any certificate of public convenience and necessity (CPCN), video services franchise issued pursuant to the Digital Infrastructure and Video Competition Act (DIVCA), or any other authorization from the California Public Utilities Commission or the Federal Communications Commission; (iii) it is not currently offering and does not intend to offer telecommunications, video or cable services within the Boundary, and (iv) it is not claiming and does not intend to claim any rights, privileges, or protections under state or federal law as a public utility, a provider of telecommunications services, a franchised telephone company under Public Utility Code Sections 7901 and 7901.1, or a holder of a video services franchise issued pursuant to DIVCA, and
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(e) SiFi, if and when served, will promptly provide written notice to the City if any state or federal regulator or other person initiates a lawsuit or proceeding challenging or questioning the accuracy of any of the representations in (c) and (d) above or if SiFi intends to voluntarily change its regulatory status described in (d) above.
(f) Notice Related to Regulatory Compliance. In the event SiFi is found by any state or federal regulator to not be in compliance with then current applicable state or federal telecommunications laws, SiFi shall promptly notify the City in writing and obtain approvals or authorizations needed to come into compliance with such laws. If SiFi fails to come into compliance with such laws within a reasonable period as required or allowed by the applicable regulatory body, the City may suspend performance of its obligations, terminate the Agreement or require renegotiation to limit the scope of activities to those that are authorized by law. If SiFi provides notice to the City pursuant to (e) that it intends to voluntarily change its regulatory status described in (d) above, the City may require renegotiation of this Agreement.

10.12 Third Parties. Nothing contained in this Agreement shall create a contractual relationship with, or a cause of action in favor of, a third party against either SiFi or the City.

10.13 No Partnership. Nothing in this Agreement shall be construed to create a partnership, joint venture or agency relationship between the City and SiFi or any other relationship other than a contractual relationship as expressly set forth in this Agreement. Neither Party shall in any manner act or indicate to any third party that is acting as the agent of the other Party. SiFi shall at all times remain an independent contractor. Neither Party shall control or direct the day-to-day affairs of the other Party, or their mode or method of performing their respective obligations hereunder.

10.14 Headings. The headings and captions of this Agreement are solely for the convenience of the Parties and shall not be deemed to modify or vary any of the substantive terms thereof.

10.15 Construction. Each of the Parties acknowledge that each Party to this Agreement has been represented by counsel in connection with this Agreement. Legal or equitable principles that might require the construction of this Agreement or any provision hereof against the party drafting this Agreement shall not apply in any construction or interpretation of this Agreement and is expressly waived. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the parties and no presumption or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement. The words “hereof”, “herein” and “hereunder” and words of like import used in this Agreement will refer to this Agreement as a whole and not to any particular provision of this Agreement. References to Articles, Sections, and clauses are to Articles, Sections and clauses of this Agreement unless otherwise specified. Any singular term in this Agreement will be deemed to include the plural, and any plural term the singular. Whenever the words “include”, “includes” or “including” are used in this Agreement, they will be deemed to be DocuSign Envelope ID: 4E9EB77F-EC6F-4C2C-A30D-140C980D01E0 Item: 14
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followed by the words “without limitation”, whether or not they are in fact followed by those words or words of like import. “Writing”, “written” and comparable terms refer to printing, typing and other means of reproducing words (including electronic media) in a visible form. References to any agreement or contract are to that agreement or contract as amended, modified or supplemented from time to time in accordance with the terms hereof and thereof. References to any Person include the successors and permitted assigns of that Person. References from or through any date mean, unless otherwise specified, from and including or through and including, respectively.

10.16 Counterparts. This Agreement may be signed in any number of counterparts, each of which will be deemed an original, with the same effect as if the signatures were upon the same instrument. A signed copy of this Agreement delivered by facsimile, e-mail or other means of electronic transmission (including PDF) shall be deemed to have the same legal effect as delivery of an original signed copy of this Agreement.

10.17 Further Assurances. Each Party agrees that it will execute and deliver such other documents and take such other action as may be reasonably requested by the other Party to effectuate the purposes and intention of this Agreement.

10.18 No Waiver. No provision of this Agreement may be waived unless such waiver is in writing and signed by the Party against whom the waiver is to be effective. No failure or delay by a Party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any right, power or privilege hereunder. No waiver of any breach of this Agreement shall be held to constitute a waiver of any other or subsequent breach.

10.19 Attorney’s Fees. If either Party brings a legal or equitable proceeding against the other Party which arises in any way out of this Agreement, the prevailing Party shall be entitled to recover its reasonable attorneys’ fees and all other reasonable costs and expenses incur red in that proceeding.
[Signature page follows]

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IN WITNESS WHEREOF, the Parties have caused this Franchise Agreement to be executed as of the day and year stated above.

CITY OF LAKE FOREST, a California
Municipal Corporation

By:__________________________________
Robert Pequeno, Mayor

ATTEST:
____________________
City Clerk

APPROVED AS TO FORM:

_____________________
City Attorney

Dated: ____________, 2022

SIFI NETWORKS LAKE FOREST LLC,
a Delaware limited liability company
By:__________________________
Its:___________________________
Dated: ____________, 2022

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EXHIBIT A

FACILITIES SPECIFICATIONS

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PAGE# 1
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PAGE# 2
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360

MICROTRENCH PATHWAY (TYP.)
S/WEOPFOCVARIES2'R/W2'S/WEOPFOCR/W℄
A.C. PAVEMENTCATCH BASIN (STORM DRAIN)TREATED AS UTILITY CROSSINGSEE NOTE BELOW.

CONCRETE CURB & GUTTERROADWAY

1.25" (TYP) - 2" (MAX)TOTALREINSTATEMENTCOVER 8"TRENCH DEPTH12" MAX1"-2" SAND COVERREINSTATEMENT MATERIAL / FLOWABLE FILL 1/8 " Over Band SealWITH COLORMATCHING SANDFINISH

ROADWAY WITH A CURB RETURN
ROADWAY WITH A CURBRETURNPAGE# 3
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361

S/W℄
MICROTRENCH PATHWAY (TYP.)A.C. PAVEMENT
EOPFOCVARIES2'R/W2'S/WEOPFOCR/W

CONCRETE CURB & GUTTERROADWAY

1.25" (TYP) - 2" (MAX)TOTALREINSTATEMENTCOVER 8"TRENCH DEPTH12" MAX1"-2" SAND COVERREINSTATEMENT MATERIAL / FLOWABLE FILL 1/8 " Over Band SealWITH COLORMATCHING SANDFINISHROADWAY

1.25" (TYP) - 2" (MAX)TOTALREINSTATEMENTCOVER 8"TRENCH DEPTH12" MAX1"-2" SAND COVERROADWAYREINSTATEMENT MATERIAL / FLOWABLE FILL 1/8 " Over Band SealWITH COLORMATCHING SANDFINISH

ROADWAY WITH CURB & GUTTER - VARIANT A
ROADWAY WITH A CURBRETURN VARIANT APAGE# 4
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362

MICROTRENCH PATHWAY (TYP.)
S/WEOPFOCVARIES2'R/W2'S/WEOPFOCR/W℄A.C. PAVEMENT12.5' MINIMUM RADIUS

CONCRETE CURB & GUTTERROADWAY

1.25" (TYP) - 2" (MAX)TOTALREINSTATEMENTCOVER 8"TRENCH DEPTH12" MAX1"-2" SAND COVERREINSTATEMENT MATERIAL / FLOWABLE FILL 1/8 " Over Band SealWITH COLORMATCHING SANDFINISHROADWAY

1.25" (TYP) - 2" (MAX)TOTALREINSTATEMENTCOVER 8"TRENCH DEPTH12" MAX1"-2" SAND COVERROADWAYREINSTATEMENT MATERIAL / FLOWABLE FILL 1/8 " Over Band SealWITH COLORMATCHING SANDFINISH
℄
EXISTING COLD JOINT WITH3-#4, 4' LONG DOWELS (TYP.)DO NOT CUT FLOW LINES (TYP.)MICROTRENCH (TYP.)
MICROTRENCH (TYP.)S/WEOPFOCVARIES2'R/W2'S/WEOPFOCR/WSPANDRELSPANDREL 8' CROSS GUTTER

ROADWAY WITH CURB AND GUTTER - VARIANT B
ROADWAY WITH A CURBRETURN VARIANT BPAGE# 5
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363

MICROTRENCH PATHWAY (TYP.)
S/WEOPFOCVARIES2'R/W2'S/WEOPFOCR/W℄A.C. PAVEMENT12.5' MINIMUM RADIUS12.5' MINIMUM RADIUS

CONCRETE CURB & GUTTERROADWAY

1.25" (TYP) - 2" (MAX)TOTALREINSTATEMENTCOVER 8"TRENCH DEPTH12" MAX1"-2" SAND COVERREINSTATEMENT MATERIAL / FLOWABLE FILL 1/8 " Over Band SealWITH COLORMATCHING SANDFINISHROADWAY

1.25" (TYP) - 2" (MAX)TOTALREINSTATEMENTCOVER 8"TRENCH DEPTH12" MAX1"-2" SAND COVERROADWAYREINSTATEMENT MATERIAL / FLOWABLE FILL 1/8 " Over Band SealWITH COLORMATCHING SANDFINISH

ROADWAY WITH CURB AND GUTTER - VARIANT C
ROADWAY WITH A CURB ANDGUTTER VARIANT CPAGE# 6
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MICROTRENCH PATHWAY (TYP.)
S/WEOPFOCVARIES2'R/W2'S/WEOPFOCR/W℄
A.C. PAVEMENT30'12.5' MINIMUM RADIUS12.5' MINIMUM RADIUS

CONCRETE CURB & GUTTERROADWAY

1.25" (TYP) - 2" (MAX)TOTALREINSTATEMENTCOVER 8"TRENCH DEPTH12" MAX1"-2" SAND COVERREINSTATEMENT MATERIAL / FLOWABLE FILL 1/8 " Over Band SealWITH COLORMATCHING SANDFINISHROADWAY

1.25" (TYP) - 2" (MAX)TOTALREINSTATEMENTCOVER 8"TRENCH DEPTH12" MAX1"-2" SAND COVERROADWAYREINSTATEMENT MATERIAL / FLOWABLE FILL 1/8 " Over Band SealWITH COLORMATCHING SANDFINISH

ROADWAY CROSSING
ROADWAY CROSSINGPAGE# 7
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ROADWAY

5.5'TREE BELT4'SIDEWALKCONCRETE W/PAB

1.25" (TYP) - 2" (MAX)
TRENCH DEPTH12" MAX1"-2" SAND COVERSOFT FILLTOTALREINSTATEMENTCOVER 8" MICROTRENCH PATHWAY (TYP.)
S/WEOPFOCR/WS/WEOPFOCR/W℄
A.C. PAVEMENTCATCH BASIN (STORM DRAIN)TREATED AS UTILITY CROSSINGSEE NOTE BELOW. 12" PITPUSH UNDER CURB12" PITPUSH UNDER CURB
PAGE# 8
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ROADWAY
4'SIDEWALKCONCRETE W/PAB

1.25" (TYP) - 2" (MAX)
TRENCH DEPTH12" MAX1"-2" SAND COVERTOTALREINSTATEMENTCOVER 8"1/8"REINSTATEMENT MATERIAL / FLOWABLE FILL Over Band SealWITH COLOR MATCHINGSAND FINISH
MICROTRENCH PATHWAY (TYP.)
S/WEOPFOCR/WS/WEOPFOCR/W℄
CATCH BASIN (STORM DRAIN)TREATED AS UTILITY CROSSINGSEE NOTE BELOW. 2" (TYP) - 6" (MAX)TRENCH DEPTHVARIES DUE TODEPTH OF REBAR REBARVERIFY DEPTH LOCATION VIA GPRSEE DETAIL BELOW.

CONCRETEROADWAY1/8 " Over Band SealWITH COLORMATCHING SANDFINISH PAGE# 9
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TRENCH DEPTH12" MAXROADWAY1"
MICRO DUCTSTUNNEL UNDER ROADWAYWITH HAMMER DRILL. MICROTRENCH STOPS 1" EACHSIDE OF SHALLOW UTILITY 1"
1"-2" SAND COVER
TRAFFIC LOOP VERIFY DEPTH LOCATION VIA GPRSEE DETAIL BELOW.MICROTRENCHREINSTATEMENT MATERIAL /FLOWABLE FILL Over Band SealWITH COLORMATCHING SANDFINISH
S/WEOPFOCVARIES2'R/W2'S/WEOPFOCR/W℄
TUNNEL UNDER TRAFFIC LOOP VERIFY DEPTH LOCATION VIA GPRSEE DETAIL BELOW.MICROTRENCH (TYP.) MICROTRENCH (TYP.)A.C. PAVEMENT

CONCRETE CURB & GUTTERROADWAY

1.25" (TYP) - 2" (MAX)TOTALREINSTATEMENTCOVER *VARIES*TRENCH DEPTH12" MAX1"-2" SAND COVERTUNNEL UNDER ROADWAY WITH HAMMER DRILL TRAFFIC LOOP VERIFY DEPTH LOCATION VIA GPRSEE DETAIL BELOW.REINSTATEMENT MATERIAL /FLOWABLE FILL PAGE# 10
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CURBSTORM GRATEFILTREXX SOXX
EXCESS SOXX MATERIALTO BE DRAWN IN AND TIED OFF TO2X2 WOODEN STAKE (TYP.) CURBSIDE OPTION "A" PLANCURBSIDE OPTION "B" PLAN

MANHOLECURBOPENINGOVERFLOWGAPAGGREGATEPOUCH

CURB FILTER
STANDARD CHAmBER/INlET pROTECTION
STANDARDCHAmBER/INlETpROTECTION

CHAMBER

CHAMBER
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369

9' X 23'-7 14" SHELTERCONCRETE FOUNDATION/SLABHVAC
26'-5 12"13'HVAC
TYpICAl AGGREGATION SHElTER
TYpICAlAGGREGATIONSHElTERPAGE# 12
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CONCRETEPATHWAY
TYPICAL 12' WIDE ACCESS ROAD(AS REQUIRED BY JURISDICTION)

CRUSHED ROCKSURFACING OR GRASS

H-FRAME FOR POWERXFRM
CRUSHED ROCKSURFACING ORGRASS5"5'
9'
42'
23'
5"5'

FENCE/WALL
3-PHASE 400 AMP SUPPLY
9' X 23'-7 14"AGGREGATIONSHELTERCONCRETE FOUNDATION/SLABHVACHVAC TYpICAl AGGREGATION SHElTER
TYpICAlAGGREGATIONSHElTER
PAGE# 13
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30"x48"x36"CHAMBER30"x48"x36"CHAMBER(E)GRADE (E)GRADETO MICRO-TRENCHTO MICRO-TRENCHMICRO-TRENCH ENTRYMICRO-TRENCH ENTRYUNDERGROUND POWER INCONDUIT. TO POINT OFCONNECTION TO BE VERIFIEDWITH UTILITY CO.POWER CONDUIT FOR POWER POWER FEED CONDUIT (TYP.)
4" CONDUIT SCH. 80 HDPE36" MIN.(TYP.)36" MIN.(TYP.)
MICRO TRENCH ENTRY NOTE:·4" DIAMETER PENETRATION·9" DOWN FROM TOP OF CHAMBER·6" IN FROM CORNER OF CHAMBER 4" CONDUIT SCH. 80 HDPE

HFRAMEAGGREGATIONSHELTER
12'X30' CONCRETE SLAB
PTS3- PHASE 200 AMP SUPPLY
TYpICAl AGGREGATION SHElTERElEVATION VIEW
TYpICAlAGGREGATIONSHElTERElEVATION VIEW
PAGE# 14
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NOKIA ALP-248 ELECTRONICS CABINETPRECAST CONCRETE PAD 48"x72"30"x48"x36"CHAMBER30"x48"x36"CHAMBERSIDEWALK,WIDTH VARIES BY LOCATION

EOPFOCBOC
NOKIA ALP-248ELECTRONICS CABINETPTSMETER PEDESTAL

GRAVEL FILL, COMPACTED

EXISTING GRADE
PRECAST 6"CONCRETE PAD
PRE-EXISTING GRADEORIGINAL SLOPE 12 " PER FOOT

CLEARANCE AREAFOR SWING DOOR

PRECAST CONCRETE PAD
ELEVATION SHOWS AS EXAMPLE:·4' PARK/BEAUTY STRIP·TYPE B1 6" CURB AND GUTTER 6'-0"10"50"12"12"1"-3/4"25"11"26"11"48"18"11"
50"11"12"48"6"12" 46"
26"11"6"5"
TYpICAl CABINET DETAIlS
TYpICAl CABINETDETAIlS
PAGE# 15
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NOKIA ALP-248ELECTRONICS CABINET
30"x48"x36"CHAMBER30"x48"x36"CHAMBER
PRECAST CONCRETE PAD 48"x72"(E)GRADE (E)GRADETO MICRO-TRENCHTO MICRO-TRENCHMICRO-TRENCH ENTRYMICRO-TRENCH ENTRYUNDERGROUND POWER INCONDUIT. TO POINT OFCONNECTION TO BE VERIFIEDWITH UTILITY CO.POWER CONDUIT FOR POWER POWER FEED CONDUIT (TYP.)4" CONDUIT SCH. 80 HDPE36" MIN.(TYP.)36" MIN.(TYP.) MICRO TRENCH ENTRY NOTE:·4" DIAMETER PENETRATION·9" DOWN FROM TOP OF CHAMBER·6" IN FROM CORNER OF CHAMBERPTS30 AMP - 220 VOLT SUPPLY TYpICAl CABINET DETAIlS
TYpICAl CABINETDETAIlS
PAGE# 16
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CHAMBER

CHAMBER
PAGE# 17
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PRIVATE PROPERTYROWROW

GREENBELT/ ASTRO TURF/ SOFTSCAPECONCRETE SIDEWALK
ROADWAYCURBMAINLINE TRENCHTB12"
ROW
ROW

CONCRETE CURBROADWAY

5.5'TREE BELT12"4'SIDEWALKCONCRETE W/PABTB10"LATERALMAINLINE TRENCH PAGE# 18
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PRIVATE PROPERTYROWROW

GREENBELT/ ASTRO TURF/ SOFTSCAPECONCRETE SIDEWALK
ROADWAYCURBMAINLINE TRENCHTB12"
ROW
ROW

CONCRETE CURBROADWAY

5.5'TREE BELT4'SIDEWALKCONCRETE W/PAB12"TBMAINLINE TRENCHLATERAL10" PAGE# 19
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PRIVATE PROPERTYROWROW

GREENBELT/ ASTRO TURF/ SOFTSCAPECONCRETE SIDEWALK
ROADWAYCURBMAINLINE TRENCHTB12"
ROW
ROW12"

CONCRETE CURBROADWAY

5.5'TREE BELT4'SIDEWALKCONCRETE W/PAB12"TB10"12"

MAINLINE TRENCHLATERAL
PAGE# 20
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PRIVATE PROPERTYROWROWGREENBELT/ ASTRO TURF/ SOFTSCAPECONCRETE SIDEWALKROADWAYCURBMAINLINE TRENCH TB
ROW
ROW12"

5.5'TREE BELT4'SIDEWALKCONCRETE W/PABCONCRETE CURBROADWAY10"PROPERTY LINE12"TB

MAINLINE TRENCHLATERAL
PAGE# 21
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PRIVATE PROPERTYROWROWGREENBELT/ ASTRO TURF/ SOFTSCAPE
ROADWAYCURBMAINLINE TRENCHTB12"
ROW
ROW

CONCRETE CURBROADWAY
TREE BELT CURBTO R.O.W.12"TB10"

MAINLINE TRENCHLATERAL
PAGE# 22
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PRIVATE PROPERTYROWROW

ROADWAYCURBMAINLINE TRENCH
ROW

ROWFABCONCRETE SIDEWALK
ROADWAYHARDSCAPE/CONCRETEFAB10"PROPERTY LINELATERALCONCRETE CURB

MAINLINE TRENCH
PAGE# 23
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PAGE# 26
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PAGE# 27
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PAGE# 28
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CITY COUNCIL AGENDA REPORT
MEETING DATE: 11/15/2022
DEPARTMENT: Public Works
SUBJECT:

SOLID WASTE AD HOC COMMITTEE UPDATE
RECOMMENDED ACTION(S):

1. Direct staff to prepare an amendment to Memorandum of Understanding Regarding Solid Waste Procurement Services to extend the MOU to include the procurement and selection process of a new Solid Waste Services Agreement.

2. Direct staff to present the amended Memorandum of Understanding the City Council in January 2023.

EXECUTIVE SUMMARY:

On September 20, 2021, the City of Lake Forest and the City of Laguna Hills entered into the Memorandum of Understanding Regarding Solid Waste Procurement Services (“MOU”). Pursuant to the MOU, the cities of Lake Forest and Laguna Hills are working jointly to develop procurement documents for the provision of solid waste collection, processing, and disposal. An informal ad-hoc committee consisting of two City Councilmembers and staff from each city has been meeting to discuss policy recommendations that will be used in procurement documents.

The MOU is set to expire when the procurement documents are completed. The Ad-Hoc Committee recommends amending the MOU to extend the collaborative work effort to the next phase of the procurement process. This would include the joint selection and recommendation of a single solid waste hauler for the two cities, each with their own separate agreement for services. The Ad-Hoc Committee believes a larger combined area with higher potential contract revenue would attract more qualified proposers and foster greater competition.

Staff is seeking direction to prepare an amendment to the MOU that would be brought back to the City Council for approval in January 2023.

Item: 15
387

BACKGROUND:

On March 4, 2014, the City Council awarded the Franchise Agreement to CR&R Environmental Services, Inc. for the Collection, Transportation, Processing, and Diversion of Recyclable Materials and Municipal Solid Waste (“Franchise Agreement”). The original term of the Franchise Agreement was May 1, 2014, through April 30, 2022. The Franchise Agreement includes two one-year extensions that CR&R could earn by meeting certain performance goals designed to increase the City’s waste diversion from landfills. The City Council awarded the first one-year extension on February 21, 2017. On April 20, 2021, the City Council extended the term of the Franchise Agreement to June 30, 2024.

The City of Laguna Hill holds a franchise agreement for similar solid waste services that also expires on June 30, 2024.

On September 20, 2021, the Cities of Lake Forest and Laguna Hills entered into the MOU for the purpose of sharing costs while developing procurement documents (Attachment 1). After a joint selection process with Laguna Hills, the City Council awarded an agreement to EcoNomics, Inc. (“EcoNomics”) on February 1, 2022, to serve as the consulting firm during the franchise agreement procurement process. The City of Lake Forest is the lead agency for the project, as such, Lake Forest invoices the City of Laguna Hills for 50% of the consultant’s fees.

On April 19, 2022, the Lake Forest City Council created a Solid Waste Procurement Ad-Hoc Committee and appointed the Mayor and Mayor Pro Tem to serve on the committee. On April 26, 2022, the City of Laguna Hills appointed two City Council Members to also serve on a joint Ad-Hoc Committee alongside the Mayor and Mayor Pro Tem of Lake Forest.

DISCUSSION:

After jointly selecting a consulting firm for the project, staff recommended to their respective City Councils to create an ad-hoc committee consisting of two City Councilmembers from each agency and staff. In April 2022, the City Council appointed Mayor Robert Pequeño and Mayor Pro Tem Doug Cirbo to the Solid Waste Procurement Ad Hoc Committee (“Committee”), while the Laguna Hills City Council appointed City Councilmember Don Caskey and Council Member Erica Pezold. The Committee also includes the city managers and staff from both cities.

The Committee has met five times since July 2022. During these meetings, the Committee discussed numerous policy items such as:
•Length of contract
Item: 15
388

•Regulatory and franchise fees
•Recycling rate incentives for commercial and multifamily properties •Residential 3-cart collection system
•Commercial and multi-family 3-container collection program •Recycling coordinators
•Align with SB 1383 regulations such as contamination monitoring •Special programs such as bulky item and household hazardous waste collection, compost giveaways, and workshops
•Lightweight and electric vehicles for commercial recycling •Technology such as collision avoidance system, on-board scales, and cloud-based CRM
•Temporary roll-off service
The above is a sample of the many policy discussions that have occurred in the Committee meetings. The collaborative spirit of the Committee has proven successful thus far and there is agreement on all policies discussed to date. The Committee is planning additional meetings to finalize recommendations. Staff is planning to provide more details of these recommendations to the City Council in January 2023. Concurrently, the consultant is beginning to develop the procurement documents.

Under the terms of the MOU, there is no commitment for either City to proceed with the joint process beyond the development of the procurement documents.

The MOU, unless amended, will expire when the procurement documents are completed.

To finalize the documents, the Consultant needs direction as to whether the cities will jointly select a single hauler or will proceed separately. Given the successful collaboration so far, the Committee sees continued benefits in sharing costs and resources throughout the procurement process and recommends the continuation of the arrangement after the procurement documents are finalized.

This would include the joint selection and recommendation of a single solid waste hauler for the two cities, each with their own separate agreement. The Committee believes the larger combined area and potential higher contract revenue would attract an increased number of qualified proposers and foster greater competition. The Committee believes continued collaboration and exchange of ideas between both cities would result in a successful selection process.

Staff is seeking direction from the City Council to prepare an amendment to the MOU for continuation of the joint work effort to the procurement and selection phase of a new solid waste services agreement. Laguna Hills staff is also requesting similar direction. Should both City Councils give direction to prepare Item: 15
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the amendment, staff would return in January 2023 with the amendment for the City Council’s consideration.

FISCAL IMPACT:

There is minimal fiscal impact for the recommended action.

ATTACHMENTS:

Memorandum of Understanding Regarding Solid Waste Procurement Process Initiated By: Christine Groves, Senior Management Analyst Submitted By: Thomas E. Wheeler, P.E., Director of Public Works/City Engineer Approved By: Debra Rose, City Manager
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Attachment
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CITY COUNCIL AGENDA REPORT
MEETING DATE: 11/15/2022
DEPARTMENT: Community Development
SUBJECT:

ADOPTION OF 2022 CALIFORNIA BUILDING STANDARDS CODES
RECOMMENDED ACTION(S):

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

CITY COUNCIL OF THE CITY OF LAKE FOREST CALIFORNIA,
AMENDING CHAPTERS 8.02, 8.04, 8.06, 8.12, 8.14, 8.16, 8.18, 8.20,

8.22, 8.24, AND 8.26 OF TITLE 8 OF THE CITY OF LAKE FOREST MUNICIPAL CODE AND ADOPTING BY REFERENCE THE 2022

EDITION OF THE CALIFORNIA BUILDING STANDARDS CODE
(CALIFORNIA CODE OF REGULATIONS, TITLE 24); THE 2021 EDITION

OF THE INTERNATIONAL SWIMMING POOL, SPA, AND HOT TUB
CODE; AND THE 2021 EDITION OF THE INTERNATIONAL PROPERTY

MAINTENANCE CODE, TOGETHER WITH CERTAIN ADDITIONS,
AMENDMENTS, AND DELETIONS; and

2. Direct staff to schedule a December 6, 2022, public hearing to adopt the Ordinance identified in Recommended Action 1, including provision of the appropriate public hearing notices.

EXECUTIVE SUMMARY:

This item provides for the triennial adoption of the newest edition of the (2022) California Building Standards Code (CBSC) with local amendments; and first- time adoption of the 2021 edition of the International Swimming Pool and Spa Code (ISPSC) and the 2021 edition of the International Property Maintenance Code ("IPMC"). The 2022 edition of the CBSC will become effective January 1, 2023. This report outlines the Code adoption process and summarizes staff and Orange County Fire Authority ("OCFA") recommended local amendments. Local amendments are considered "reasonably necessary" due to local climatic, geological, or topographical conditions and to facilitate administration of codes upon adoption/readoption. There is minimal fiscal impact associated with this item.

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BACKGROUND:

The California Building Standards Code ("CBSC") is the building code for California and State law (Title 24 of the California Code of Regulations).

The CBSC is a compilation of three types of building standards from three different origins:
▪Building standards that have been adopted by state agencies without change from building standards contained in national model codes; ▪Building standards that have been adopted and adapted from national model codes to address California’s ever-changing conditions; and ▪Building standards, authorized by the California legislature that constitute amendments not covered by national model codes, have been created and adopted to address California concerns.

New editions of the CBSC are published every three years by the California Building Standards Commission. The most recent edition, the 2022 CBSC, was published on July 1, 2022. State law mandates that all California jurisdictions enforce the 2022 CBSC for all construction permitted on or after January 1, 2023.

Local jurisdictions may choose to formally adopt the CBSC or take no action and allow it to go into effect automatically. State law allows local jurisdictions to adopt amendments (“local amendments”), provided the amendments are more stringent than the CBSC standard. To incorporate local amendments into the Lake Forest Municipal Code ("LFMC"), the City must formally adopt the corresponding code and the local amendments and make findings that the local amendments are warranted due to local climatic, geologic, or topographical conditions.

Lake Forest adopted local amendments during each of the prior triennial code adoption cycles. Notwithstanding, all desired previously adopted local amendments must be re-adopted each time the California Building Standards Commission adopts a new edition of the CBSC. Local amendments are codified in Title 8 – Building and Construction of the LFMC.

In contrast to the conventional LFMC amendment process, State law requires that the public hearing occur in conjunction with the second reading of the draft ordinance(s) instead of the first. Accordingly, this first reading of the draft ordinance is on the agenda as a "Discussion/Action Item" and a public hearing is tentatively scheduled for December 6, 2022.

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DISCUSSION:

Code Adoption and Amendment Process
The 2022 edition of the CBSC contains 13 separate divisions (also known as “Codes”). Table 1 (below) lists each division of the CBSC by number and name, the corresponding recommended action for the 2022 Code adoption cycle, and the LFMC section that would contain each local amendment upon adoption. The City is required to adopt only those codes that are being amended locally.

Table 1 – CBSC Divisions and Summary of Recommended Actions Div. Code Recommended Action LFMC
Chapter
1 CA Administrative Code Takes effect as is. No
adoption needed. N/A
2 CA Building Code Adopt with local
amendments. 8.02

2.5 CA Residential Code Adopt with local
amendments. 8.06
3 CA Electrical Code Adopt with local amendments
(Administrative only*). 8.14
4 CA Mechanical Code Adopt with local amendments
(Administrative only*). 8.20
5 CA Plumbing Code Adopt with local amendments
(Administrative only*). 8.16
6 CA Energy Code Takes effect as is. No
adoption needed. N/A
7 Reserved N/A N/A
8 CA Historical Building Code Takes effect as is. No
adoption needed. N/A
9 CA Fire Code Adopt with local
amendments. 8.24
10 CA Existing Building Code Takes effect as is. No
adoption needed. N/A
11 CA Green Building Standards
Code (CAL Green)
Takes effect as is. No
adoption needed. N/A
12 CA Referenced Standards
Code
Takes effect as is. No
adoption needed. N/A
*Local amendments identified as "administrative only" pertain only to administration of the Code (e.g., permit fees, enforcement, etc.) and not to construction standards or methods.

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Local Code Amendments
The recommended amendments customize certain provisions of the CBSC to address distinct climatic, geologic, or topographical characteristics of the region outlined in Attachment 1 (draft ordinance). Recommended amendments are developed through coordination with local building officials in the Southern California region and are provided to all jurisdictions served by the Orange County Fire Authority (“OCFA”).

In conjunction with each triennial CBSC update, OCFA prepares recommended local amendments to the California Fire Code ("CFC"), and in some instances, other CBSC divisions. All OCFA-recommended local amendments for 2022 are to the CFC. However, staff recommends that local amendments to the CBSC, CA Residential Code ("CRC"), CA Electrical Code ("CEC"), CA Mechanical Code ("CMC") and CA Plumbing Code (CPC) adopted in previous cycles (most recently in 2019) be re-adopted for 2022, except for certain fire-related amendments OCFA determined are no longer necessary. Prior local amendments not recommended for readoption consist of code provisions to be included in the CFC which would be redundant in other divisions, or standards that have been incorporated into the 2022 CBSC and are therefore no longer necessary as a local amendment.

For 2022, there are four categories of recommended local amendments:

1. New for 2022 amendments;

2. Revisions to previously adopted amendments;

3. Re-adoption of previously adopted amendments with no changes;

4. Deletion of previously adopted amendments that are no longer necessary.

The recommendations corresponding to each of the four categories are detailed in Attachment 1 and summarized below. In addition, a more detailed summary of OCFA-recommended amendments to the CFC is provided as Attachment 2.

1. New for 2022 Amendments
For the 2022 Code cycle, OCFA is recommending new local amendments pertaining to the following:
•Maximum size and minimum separation of piles of stored wood chips, compost, solid biomass feedstock, raw products associated with yard waste and similar materials;
•A requirement to provide "push-out clear areas" for piles of materials exceeding 20 cubic yards within 250 feet of any pile and a minimum of 20 feet from any building. Push-out areas allow for piles to be spread out to a depth of two feet in height.

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2. Revisions to Previously Adopted Amendments
Proposed revisions to previously adopted amendments include:
•An amended OCFA Guideline B-01 (previously "B-09") – Fire Master Plans for Commercial & Residential Development adopted by reference in CFC section 501.1. Guideline B-01 pertains to the creation and maintenance of fire access roadways, walkways to and around buildings, and hydrant quantity and placement. The guideline applies to roads which provide fire access to new, reconstructed, and relocated residential or commercial structures, developments, and facilities. •Replacement of CFC section 4908 – Fuel Modification Requirements for New Construction (adopted as a 2019 local amendment), with CFC section 4903.3 – Fuel Modification Plans. This section requires fuel modification plans be reviewed and approved by OCFA for all new buildings in a wildfire risk area, and conformance with OCFA Guideline C-05 – Vegetation Management Guideline – Technical Design for New Construction Fuel Modification Plans and Maintenance Program.

3. Readoption of Previously Adopted Local Code Amendments – No Changes
OCFA is recommending that numerous previously adopted local code amendments be re-adopted as part of the 2022 Code adoption (see Attachment 2 for details). The amendments address code violations/penalties, open burning, recreational fires, piles of combustible materials, fuel modification zone requirements, clearance of brush and vegetation from roadways, building sprinkler requirements, and emergency responder radio coverage, along with other safety standards related to the following:
•Emergency planning and preparedness;
•Fire service features;
•Lumberyard, agro-industrial, solid biomass and woodworking facilities; •Requirements for wildland-urban interface fire areas;
•Hazardous materials;
•Explosives and fireworks; and
•Referenced standards

4. Deletion of Previously Adopted Local Code Amendments Deletions recommended for 2022 include provisions addressing:

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•sky lanterns;
•battery charging systems for cars and carts;
•defensible space;
•mobile fueling;
•sprinkler design for non-warehouse spec buildings;
•method of determining water supply;
•height of hose outlet; and
•various redundant provisions included in the CFC and unnecessarily repeated in the CBC and CRC.

OCFA has deemed these prior-cycle local amendments unnecessary on the basis that the 2022 CBSC includes provisions that adequately address these standards.

Local Administrative Amendments
In addition to the OCFA-recommended local amendments to the CFC, staff is recommending various administrative local amendments for readoption. These amendments establish provisions for implementation of the Codes, as well as technical provisions to customize the Codes to local and regional conditions.

The local administrative amendments provide the City with code enforcement authority in areas such as plan review, permit fees, inspections, and penalties.

All proposed local amendments pertaining to the administrative portions of the CBC, CRC, CPC, CEC, CMC and CFC are carry-forwards from previous local amendments adopted by the City Council.

New Codes
International Property Maintenance Code
Staff is recommending the adoption of the 2021 International Property Maintenance Code (IPMC), which is published by the International Code Council.

The IPMC establishes minimum requirements for the maintenance of existing buildings for the protection of public health, safety, and welfare. As proposed for adoption, the IPMC would apply in instances when other applicable codes, such as the California Health & Safety Code, are silent with respect to a particular standard or when it is more restrictive. The IPMC is a simplified code that will provide specific code requirements to assist code enforcement officers enforce quality-of-life concerns that cannot otherwise be enforced. For example, it requires that “structures and exterior property shall be kept free from rodent harborage and infestation” and that “exterior property and premises and the interior of every structure shall be free from any accumulation of rubbish or Item: 16
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garbage.” Issues such as these have occurred in the past. However, based on the City’s currently adopted codes, code enforcement is unable to pursue a violation and therefore are hindered in resolving citizen concerns. Upon adoption, the City's Code Enforcement Division would have primary enforcement responsibility for this Code. This Code has been adopted by other Orange County jurisdictions, including Aliso Viejo, Laguna Niguel, Newport Beach, Tustin, and Santa Ana. Upon adoption, reference to the IPMC would be provided in a new LFMC Chapter 8.32.

International Swimming Pool and Spa Code
Staff is recommending adoption of the 2021 International Swimming Pool and Spa Code (ISPSC), which is published by the International Code Council. The ISPSC establishes minimum requirements for the design, construction, alteration, repair and maintenance of swimming pools, spas, hot tubs, and aquatic facilities.

The City currently applies CBSC standards for swimming pools, spas, etc.

However, the ISPSC provides more comprehensive standards and regulations including standards for portable residential spas, safety signs, and other items which are not sufficiently addressed in the CBSC. The ISPC would apply in instances when the CBSC is silent with respect to a particular standard or when it is more restrictive. This Code has been adopted by other Orange County jurisdictions including Garden Grove, Laguna Niguel, Mission Viejo, and Seal Beach. Upon adoption, reference to the ISPSC would be provided in a new LFMC Chapter 8.34.

SUMMARY:

Staff worked closely with the Building Official, OCFA, and the City Attorney's office preparing for adoption of the 2022 CBSC and local amendments.

Recommended local amendments and new codes respectively address deficiencies in the CBSC resulting from local climatic, geologic, or topographical conditions and provide more comprehensive standards for fire safety in the community. Staff recommends introduction of the ordinance for first reading and a directive to schedule a public hearing for the second reading, as required by State law, on December 6, 2022. A December 6, 2022, public hearing would provide for local amendments to take effect by January 5, 2023, and concurrent implementation of the new Codes. Copies of the 2022 CBSC, 2021 ISPSC, 2021 IPMC can be referenced at City Clerk's Office.

FISCAL IMPACT:

The recommended actions have minimal fiscal impact.

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ATTACHMENTS:

1. Draft Ordinance amending and adopting the 2022 editions of the CBC, CRC, CEC, CPC, CMC and CFC with local amendments; and the 2021 editions of the IPMC and ISPSC

2. Summary of OCFA-Recommended Local Code Amendments to the CFC.

Initiated By: Ron Santos, Senior Planner
Submitted By: Gayle Ackerman, AICP, Director of Community Development Approved By: Debra Rose, City Manager
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CC ATTACHMENT 1

ATTACHMENT 1
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ORDINANCE NO. __

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LAKE FOREST CALIFORNIA, AMENDING CHAPTERS 8.02,

8.04, 8.06, 8.12, 8.14, 8.16, 8.18, 8.20, 8.22, 8.24, AND 8.26 OF TITLE 8 OF THE CITY OF LAKE FOREST MUNICIPAL CODE
AND ADOPTING BY REFERENCE THE 2022 EDITION OF

THE CALIFORNIA BUILDING STANDARDS CODE
(CALIFORNIA CODE OF REGULATIONS, TITLE 24),
CONSISTING OF THE 2022 CALIFORNIA BUILDING CODE,
THE 2022 CALIFORNIA RESIDENTIAL CODE, THE 2022
CALIFORNIA ELECTRICAL CODE, THE 2022 CALIFORNIA
MECHANICAL CODE, THE 2022 CALIFORNIA PLUMBING
CODE, AND THE 2022 CALIFORNIA FIRE CODE;; THE 2021

EDITION OF THE INTERNATIONAL SWIMMING POOL, SPA,
AND HOT TUB CODE; AND THE 2021 EDITION OF THE

INTERNATIONAL PROPERTY MAINTENANCE CODE,

TOGETHER WITH CERTAIN ADDITIONS, AMENDMENTS,

AND DELETIONS
WHEREAS, pursuant to California Government Code section 50022.1 et seq. the City of Lake Forest (“City”) may adopt by reference the California Building Standards Code, 2022 Edition as provided in Title 24 of the California Code of Regulations, and other model codes, including the 2021 International Swimming Pool, Spa, and Hot Tub Code, and the 2021 International Property Maintenance Code; and
WHEREAS, the California Building Standards Commission (the "Commission") adopted the 2022 California Building Standards Code, which will come into effect on January 1, 2023; and
WHEREAS, California Health & Safety Code sections 17958.5 and 18941.5 authorize cities and counties to modify the California Building Standards Code by adopting more restrictive standards and modifications if such standards and modifications are accompanied by express findings that they are reasonably necessary because of local climatic, geological, or topographical conditions; and WHEREAS, the City desires to adopt the California Building Standards Code with the necessary amendments to assure the Codes are tailored to the particular safety needs of the City as required by its unique climatic, geological, and topographical conditions; and
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WHEREAS, the City held a public hearing on December 6, 2022 at which time all interested persons had the opportunity to appear and be heard on the matter of adopting the California Building Standards Code as amended herein; and WHEREAS, the City published notice of the aforementioned public hearing pursuant to California Government Code Section 6066 on November 17, 2022 and November 24, 2022; and
WHEREAS, any and all other legal prerequisites relating to the adoption of this Ordinance have occurred.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE
FOREST, CALIFORNIA, DOES ORDAIN AS FOLLOWS:

SECTION 1. Findings. The City Council hereby finds that the proposed amendments to the 2022 California Building Standards Code are reasonably necessary because of local climatic, geologic, or topographic conditions, and adopts the findings provided below to support the modifications to the 2022 California Building Standards Code.

I. Climatic Conditions
A. The jurisdiction of Lake Forest is located in a semi-arid Mediterranean type climate. It annually experiences extended periods of high temperatures with little or no precipitation. Hot, dry (Santa Ana) winds, which may reach speeds of 70 M.P.H. or greater, are also common to the area. These climatic conditions cause extreme drying of vegetation and common building materials. Frequent periods of drought and low humidity add to the fire danger. This predisposes the area to large destructive fires (conflagration). In addition to directly damaging or destroying buildings, these fires are also prone to disrupt utility services throughout the County. Obstacles generated by a strong wind, such as fallen trees, streetlights, and utility poles, and the requirement to climb 75 feet vertically up flights of stairs will greatly impact the response time to reach an incident scene. Additionally, there is a significant increase in the amount of wind force at 60 feet above the ground. Use of aerial type firefighting apparatus above this height would place rescue personnel at increased risk of injury.

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

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C. Water demand in this densely populated area far exceeds the quantity supplied by natural precipitation; and although the population continues to grow, the already-taxed water supply does not. California is projected to increase in population by nearly 10 million over the next quarter of a century with 50 percent of that growth centered in Southern California.

Due to storage capacities and consumption, and a limited amount of rainfall, future water allocation is not fully dependable. This necessitates the need for additional and on-site fire protection features. It would also leave tall buildings vulnerable to uncontrolled fires due to a lack of available water and an inability to pump sufficient quantities of available water to floors in a fire.

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

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

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

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

III. Geological Conditions
The Orange County region is a densely populated area that has buildings Item: 16
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constructed over and near a vast and complex network of faults that are believed to be capable of producing future earthquakes similar or greater in size than the 1994 Northridge and the 1971 Sylmar earthquakes. Earthquake faults run along the northeast and southwest boundaries of Orange County.

The Newport-Inglewood Fault, located within Orange County was the source of the destructive 1933 Long Beach earthquake (6.3 magnitude) which took 120 lives and damaged buildings in an area from Laguna Beach to Marina Del Rey to Whittier. In December 1989, another earthquake occurred in the jurisdiction of Irvine at an unknown fault line. Regional planning for reoccurrence of earthquakes is recommended by the State of California, Department of Conservation.

A. Previous earthquakes have been accompanied by disruption of traffic flow and fires. A severe seismic event has the potential to negatively impact any rescue or fire suppression activities because it is likely to create obstacles similar to those indicated under the high wind section above. With the probability of strong aftershocks there exists a need to provide increased protection for anyone on upper floors of buildings. The October 17, 1989, Santa Cruz earthquake resulted in one major fire in the Marina District (San Francisco). When combined with the 34 other fires locally and over 500 responses, the department was taxed to its fullest capabilities. The Marina fire was difficult to contain because mains supplying water to the district burst during the earthquake. This situation creates the need for both additional fire protection and automatic on-site fire protection for building occupants. State Department of Conservation noted in their 1988 report (Planning Scenario on a Major Earthquake on the Newport-Inglewood Fault Zone, page 59), “unfortunately, barely meeting the minimum earthquake standards of building codes places a building on the verge of being legally unsafe.”
B. Road circulation features located throughout the County also make amendments reasonably necessary. Located throughout the County are major roadways, highways, and flood control channels that create barriers and slow response times. Hills, slopes, street, and storm drain design, accompanied by occasional heavy rainfall, causes roadway flooding and landslides and at times may make an emergency access route impassable. There are areas in Orange County that naturally have extended emergency response times that exceed the 5-minute goal.

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

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

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

IV. Administrative
This amendment is necessary for administrative clarification and does not modify a building standard pursuant to California Health & Safety Code Sections 17958, 17985.7, and/or 18941.5. This amendment establishes administrative standards for the effective enforcement of the building standards in the City of Lake Forest.

The findings above are applicable to amendments to the 2022 California Building Code, California Residential Code, California Electrical Code, California Plumbing Code, California Mechanical Code, California Fire Code, as detailed in the following tables:

Code
Section
Section
Amended
Section
Added
California Building Code
Local Amendment
Findings
105.2 X Work Exempt from Permit,
Building Item 2 Admin
105.3.2 X Expiration of Plan Review Admin
105.5 X Expiration Admin
109.1 X Payment of Fees Admin
109.2 X Schedule of Permit Fees Admin
109.6 X Fee Refunds Admin
109.7 X Plan Review Fees Admin
109.8 X Investigation Fees Admin
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110.7 X Reinspections Admin
111.3 X Temporary Occupancy Admin
113.4 X Establishment – Board of
Appeals Admin
114.1 X Unlawful Acts Admin
117 X Underground Utilities Required Admin
202 X Definitions – “Spark Arrested”
Added Admin
701A.3 X Application I, II, & III
903.2 X Where Required I, II, & III
903.2.8 X Group R I, II, & III
903.3.5.3 X Hydraulically calculated
systems I, II, & III
903.4 X Sprinkler system supervision
and alarms – Exceptions to I, II, & III
905.4 X Location of Class I Standpipe
Hose Connections I, II, & III
T1505.1 X
Minimum Roof Covering
Classifications, Types of
Construction

I, II, & III
1505.1.2. X Roof Coverings Within All Other
Areas I, II, & III
Code
Section
Section
Amended
Section
Added
California Residential Code
Local Amendment
Findings
R105.2 X Work Exempt from Permit,
Building Item 2
Admin
R105.3.2 X Time Limit of Application Admin
R105.5 X Expiration Admin
R108.1 X Payment of Fees Admin
R108.2 X Schedule of Permit Fees Admin
R108.5 X Refunds Admin
R108.7 X Plan Review Fees Admin
R108.8 X Investigation Fees Admin
R109.5 X Reinspections Admin
R110.4 X Temporary Occupancy Admin
R112.1 X General – Board of Appeals Admin
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R113.4 X Violation penalties Admin
Code
Section
Section
Amended
Section
Added
California Electrical Code
Local Amendment
Findings

89.108.5.2 X Enforcement Admin

89.108.4.2 X Fees Admin

89.108.11 X Penalties Admin
Code
Section
Section
Amended
Section
Added
California Plumbing Code
Local Amendment
Findings
104.5 X Fees Admin
104.5.3 X Fee Refund
106.3 X Penalties Admin
Code
Section
Section
Amended
Section
Added
California Mechanical Code
Local Amendment
Findings
104.3.3 X Time Limitation of Application Admin
104.5 X Permit Fees Admin
104.5.3 X Fee Refunds Admin
Code
Section
Section
Amended
Section
Added
California Fire Code Local
Amendments
Findings
112.4 X Violation penalties Admin
112.4.2 X Infraction and misdemeanor Admin
202 X General Definitions – Added
“OCFA” and “Spark Arrester”
Admin
304.1.2 X Vegetation I & II
305.6 X Hazardous conditions I & II
305.7 X Disposal of rubbish I & II
307
X
Open burning, recreational fires,
fire pits, fire rings, and outdoor
fireplaces
Admin
307.6
X
Outdoor Fireplaces, Fire Pits,
Fire Rings, and Outdoor
Fireplaces
I & II
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307.6.1 X Gas-fueled devices I & II
307.6.2 X Devices using wood or fuels
other than natural gas or LPG
I & II
307.6.2.1 X Where prohibited I & II
324 X Fuel modification requirements
for new construction
N/A
325
X
Clearance of brush or
vegetation growth from
roadways
N/A
326 X Unusual circumstances N/A
327 X Use of equipment N/A
327.1
X
Equipment and devices
generating heat, sparks or open
flames
I & II
327.2 X Spark arresters N/A
407.5 X Hazardous materials inventory
statement
Admin
501.1 X Scope (fire service features) Admin
510.1 X Emergency responder radio
coverage in new buildings
Admin
903.2 X Where required (Sprinklers) II & III-B
903.2.8 X Group R (Sprinklers) II-B & III-B
903.3.5.3 X Hydraulically calculated systems I & II
2801.2 X Permit (Miscellaneous
combustible storage)
Admin
2808.2 X Storage site Admin
2808.3 X Size of piles I
2808.4 X Pile separation I
2808.7 X Pile fire protection I
2808.9 X Material-handling equipment I
2808.11 X Temperature control I
2808.11.1 X Pile temperature control I
2808.11.2 X New material temperature
control
I
2808.12 X Water availability for piles I
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2808.13 X Tipping area I
2808.14 X Emergency contact Admin
2808.15 X Defining maximum separation
contact
Admin
2808.16 X Push-out area Admin
4903.3 X OCFA Vegetation Management
Guideline
I
5001.5.2 X Hazardous materials inventory
statement (HMIS)
Admin
5003.1.1.1 X Extremely hazardous
substances

I & III
5608.2 X Retail fireworks Admin
5608.3 X Application for permit Admin
5801.1 X Scope Admin
Chapter
80 X X Referenced Standards I, II, & III

16.12.3.3;

9.4.3.1;

9.2.1.7 X
NFPA 13 2022 Edition,
Standard for the Installation of
Sprinkler Systems
I & II

7.1.2 X
NFPA 13-D 2022 Edition,
Standard for the Installation of
Sprinkler Systems in One- and
Two-Family Dwellings and
Manufactured Homes
I & II

7.3.1.1 X
NFPA 14 2019 Edition
Installation of Standpipe and
Hose Systems
I & II

6.2.8.1;

6.2.9;

10.1.5;

10.4.1.1;

10.4.1.1.1;

10.4.3.2 X X
NFPA 24 2022 Edition Standard
for the Installation of Private Fire
Service Mains and Their
Appurtenances
I & II
SECTION 2. Chapter 8.02 of the Lake Forest Municipal Code is hereby amended and restated in its entirety to read as follows:
“Chapter 8.02 California Building Code

8.02.001 Adoption of California Building Code.

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The California Building Code, 2022 Edition (California Code of Regulations Title 24, Part 2), based on the 2021 International Building Code as published by the International Code Council, including Chapter 1, together with the amendments provided in this chapter, is hereby adopted by reference as the Building Code of the City of Lake Forest, regulating the erection, construction, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy, equipment, use, height, area, and maintenance of all buildings and/or structures in the City.

8.02.020 California Building Code amended.

The 2022 California Building Code is hereby amended as follows:

A. Chapter 1 Division II -- Section 105.2, “Work Exempt From Permit,” Building Item 2, of the California Building Code is hereby amended to read as follows:

2. Fences not over six feet (2134 mm) tall.

Exception: Walls and fences less than six feet in height which are required as a condition of project approval are required to have permits.

B. Chapter 1 Division II – Section 105.3.2, “Expiration of plan review,” is amended to read as follows:
105.3.2 Expiration of Plan Review. Any application for a permit for any proposed work shall be deemed to have been abandoned within one calendar year following the date of application, unless a permit is issued, and plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the Building Official. No extensions shall be allowed. In order to renew action on an application after expiration, the applicant shall resubmit plans and pay the required fees.

C. Chapter 1 Division II Section 105.5, “Expiration,” is amended to read as follows:

Section 105.5 Expiration. Every permit issued shall become invalid unless the work on the site authorized by such permit is commenced within 12 months after its issuance, or if the work authorized on the site by such permit is suspended or abandoned for a period of 180 days after the time the work is commenced. Before such work can be recommenced a new permit shall be first obtained to do so, and the fee therefore shall be one-half the amount required for a new permit for such work; provided, however, that:

1. No changes have been made or will be made in the original plans and specifications for such work; and
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2. Such suspension or abandonment has not exceeded one year; and

3. A re-endorsement of the compliance of the plans with the applicable regulations, by the Director of Community Development, shall be obtained.

In order to renew action on a permit after expiration, the permittee shall pay a new full permit fee.

Any permittee holding an unexpired permit may apply for an extension of the time within which work may commence under that permit when the permittee is unable to commence work within the time required by this section for good and satisfactory reasons. The Building Official may extend the time for action by the permittee one or more times for a period not exceeding 180 days each, upon written request by the permittee showing that circumstances beyond the control of the permittee have prevented action from being taken. Such written request shall be submitted no later than 60 days after expiration of the permit.

D. Chapter 1 Division II Section 109.1, “Payment of Fees,” is amended to read as follows:
109.1 Payment of Fees. A fee as established by Resolution of the City Council shall be paid for each permit at time of issuance.

E. Chapter 1 Division II Section 109.2, “Schedule of Permit Fees,” is amended to read as follows:
109.2 Schedule of Permit Fees. Permit and plan check fees shall be based on the current City of Lake Forest fee schedule adopted by the City Council and amended from time to time. When applicable, the determination of value or valuation under any of the provision of this Code shall be made by the Building Official. In instances where project valuation is used to determine permit and/or plan check fees, the value to be used in computing the building permit and building plan review fees shall be the total value of all construction work for which the permit is issued, as well as all finish work, painting, roofing, electrical, plumbing, heating, air conditioning, elevators, fire-extinguishing systems, and any other permanent equipment.

F. Chapter 1 Division II Section 109.6, “Fee Refunds,” is amended to read as follows:
109.6 Fee Refunds. The Building Official may authorize refunding of any fee paid hereunder which was erroneously paid or collected.

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The Building Official may authorize refunding of not more than 80 percent of the permit fee paid when no work has been done under a permit issued in accordance with this Code.

The Building Official may authorize refunding of not more than 80 percent of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or canceled before any plan reviewing is done.

The Building Official shall not authorize refunding of any fee paid except on written application filed by the original permittee not later than 180 days after the date of fee payment. No refund will be made for less than $30.00. Permit and plan check fees will be refunded in their entirety when collected in error.

G. Chapter 1 Division II Section 109.7, “Plan Review Fees,” and Section 109.8, “Investigation Fees,” are added to read as follows:
109.7 Plan Review Fees. When submittal documents are required by Section 107.1, a plan review fee shall be paid at the time of submitting the submittal documents for plan review. Said plan review fee shall be established by Resolution of the City Council.

The plan review fees specified in this subsection are separate fees from the permit fees specified in Section 109.1 and are in addition to the permit fees.

When submittal documents are incomplete or changed so as to require additional plan review or when the project involves deferred submittal items as defined in Section 107.3.4.1, an additional plan review fee shall be charged at the rate shown in the fee schedule.
109.8 Investigation Fees: Work without a Permit.
109.8.1 Investigation. Whenever any work for which a permit is required by this code has been commenced without first obtaining said permit, a special investigation shall be made before a permit may be issued for such work. 109.8.2 Fee. An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued. The investigation fee shall be equal to the amount of the permit fee required by this Code. The minimum investigation fee shall be the same as the minimum fee set forth in the fee schedule. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of this Code nor from any penalty prescribed by law.

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H. Chapter 1 Division II – Section 110.7, “Reinspections,” is hereby added to read as follows:

Section 110.7 Reinspections. A reinspection fee may be assessed for each inspection or reinspection when such portion of work for which inspection is called is not complete or when corrections called for are not made.

This subsection is not to be interpreted as requiring reinspection fees the first time a job is rejected for failure to comply with the requirements of this Code, but as controlling the practice of calling for inspections before the job is ready for such inspection or reinspection.

Reinspection fees may be assessed when the inspection record card is not posted or otherwise made available on the work site; the approved plans are not readily available to the inspector, for failure to provide access on the date for which inspection is requested, or for deviating from plans requiring the approval of the Building Official.

To obtain a reinspection, the applicant shall file an application therefore in writing upon a form furnished for that purpose and pay the reinspection fee as established by the City Council.

In instances where reinspection fees have been assessed, no additional inspection of the work will be performed until the required fees have been paid.

I. Chapter 1 Division II – Section 111.3, “Temporary occupancy,” is hereby amended to read as follows:
111.3 Temporary occupancy. If the Building Official finds that no substantial hazard will result from occupancy of any building or portion thereof before the same is completed, he or she may issue a Temporary Certificate of Occupancy for the use of a portion or portions of a building or structure prior to the completion of the entire building or structure. The application fee for such Temporary Certificate shall be as established by the City Council. The Temporary Certificate of Occupancy may be subject to such conditions as deemed necessary by the Building Official. The violation or failure of any such condition imposed shall be grounds for revocation of such Temporary Certificate of Occupancy.

J. Chapter 1 Division II – Section 113.4, “Establishment,” is hereby added to read as follows:

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113.4 Establishment. The City Council shall be the Board of Appeals.

K. Chapter 1 Division II – Section 114.1, “Unlawful acts,” is hereby amended to read as follows:
114.1 Unlawful acts.

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

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

L. Chapter 1 Division II – Section 117, “Underground Utilities Required,” is hereby added to read as follows:

SECTION 117 UNDERGROUND UTILITIES REQUIRED.

The Building Official shall, as a condition precedent to the issuance of a Building Permit, require all utility services located within the exterior boundary lines of lot or parcel of property to be installed underground if:

1. The property is to be developed with a new or relocated main building;

2. The remodeling, alteration, or addition to an existing main building exceeds 50 percent of the value and/or area of the existing building;

3. A residential building or use is converted to any nonresidential use or purpose.

For purposes of this section, the term “main building” shall mean a building in which is conducted the principal use of the lot or building site on which it is located. If it is determined that practical difficulties, or unreasonable hardships inconsistent with the purposes of this chapter and unique to a particular parcel of property, would result from the literal interpretation of this section, the Building Official may waive, modify, or delay the imposition of any undergrounding requirement imposed pursuant to the section upon written Item: 16
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application of any affected property owner. The Building Official shall notify the applicant of his decision in writing by certified mail. If the Building Official determines to delay the installation of required underground utilities, he may require a recorded agreement guaranteeing the future performance of the work, together with adequate performance security enforceable by the City in the form of a cash deposit, bond, letter of credit, or other instrument or security satisfactory to the City Attorney.

For purposes of this section, appurtenances and associated equipment such as, but not limited to, surface-mounted transformers, pedestal-mounted terminal boxes and meter cabinets, and concealed ducts in an underground system, may be placed above ground.

Any person dissatisfied with the decision of the Building Official may file an appeal pursuant to Section 2.04.100 to 2.04.130 of the Lake Forest Municipal Code.

The owner or developer of the property is responsible for complying with requirements of this section and shall provide all necessary facilities on the property to receive such service from the supplying utilities.

M. Section 202, “Definitions,” is hereby revised by adding “Spark Arrester,” as follows:

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

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

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

N. Adopt Chapter 7A, “Materials and Construction Methods for Exterior Wildfire Exposure,” in its entirety with the following amendments:
701A.3 Application. New buildings located in any Fire Hazard Severity Zone, or any Wildland-Urban Interface Fire Area designated by the enforcing agency constructed after the application date, and additions to and remodel of buildings constructed before 2012 located in areas currently designated as such, shall comply with the provisions of this chapter. The provisions shall also apply to additions, remodels, and accessory structures located within 100 feet of a fuel modification zone, vegetation management area, or similar area Item: 16
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containing hazardous combustible vegetation, regardless of whether the property is currently located in a designated Fire Hazard Severity Zone or Wildland-Urban Interface Fire Area, when materials and/or construction methods for exterior wildfire exposure were previously required at the property by the Building or Fire Code Official.

Exceptions:

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

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

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

O. Adopt Chapter 9 of the California Building Code, “Fire Protection Systems,” in its entirety with the following amendments:

1. Section 903.2, “Where Required,” is hereby revised to read in its entirety as follows:
903.2 Where Required. Approved automatic sprinkler systems in buildings and structures shall be provided when the following condition exists:

New Buildings: Notwithstanding any applicable provisions of Sections 903.2.1 through 903.2.12, an automatic fire-extinguishing system shall also be installed in all occupancies when the total building area, as defined in Section 202, exceeds 5,000 square feet (465 square meters) or more than two stories in height, regardless of fire areas or allowable area.

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

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

2. SECTION 903.2.8, “Group R,” is hereby revised as follows:
903.2.8 Group R. An automatic sprinkler system installed in accordance with Section 903.3 shall be provided throughout all buildings with a Group R fire area as follows:

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

Existing Buildings: An automatic sprinkler system shall be installed throughout any existing building when the floor area of the Alteration within any two-year period exceeds 50% of area of the existing structure and the building area exceeds 5,500 square feet. When the cost of installing an approved automatic sprinkler system exceeds 5% of the cost of the Alteration, with the approval of the Fire Code Official, the required automatic sprinkler system may be omitted.

Exceptions to Existing Buildings requirement:

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

2. Existing Group R-3 occupancies converted to Group R-3.1 occupancies housing only one non-ambulatory client and complying with Section 425.8.3.3 of the California Building Code.

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

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

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

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

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

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

4. The Exceptions to Section 903.4, “Sprinkler system supervision and alarms,” are hereby amended by deleting Exception 3 and Exception 5 and renumbering and further amending the Exceptions as follows:

1. Automatic sprinkler systems protecting one- and two- family dwellings.

2. Limited area systems serving fewer than 20 sprinklers.

3. Jockey pump control valves that are sealed or locked in the open position.

4. Valves controlling the fuel supply to fire pump engines that are sealed or locked in the open position.

5. Trim valves to pressure switches in dry, preaction and deluge sprinkler systems that are sealed or locked in the open position.

5. Section 905.4, “Location of Class I Standpipe Hose Connections,” is hereby amended by adding Item 7 as follows:

7. The centerline of the 2.5-inch (63.5 mm) outlet shall be no less than 18 inches (457.2 mm) and no more than 24
inches above the finished floor.

P. Table 1505.1 is hereby amended to read as follows:

TABLE 1505.1
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MINIMUM ROOF COVERING CLASSIFICATIONS

TYPES OF CONSTRUCTION

IA IB IIA IIB IIIA IIIB IV VA VB

B B B B B B B B B
Q. Section 1505.1.2, “Roof Coverings Within All Other Areas,” is hereby amended to read as follows:
1505.1.2 Roof coverings within all other areas. The entire roof covering of every existing structure where more than 50 percent of the total roof area is replaced within any one-year period, the entire roof covering of every new structure, and any roof covering applied in the alteration, repair or replacement of the roof of every existing structure, shall be a fire-retardant roof covering that is at least Class B.

SECTION 3. Chapter 8.06 of the Lake Forest Municipal Code is hereby added in its entirety to read as follows:
“Chapter 8.06 California Residential Code

8.06.001 Adoption of California Residential Code.

The California Residential Code, 2022 Edition (California Code of Regulations Title 24, Part 2.5), based on the 2021 International Residential Code as published by the International Code Council, together with the amendments provided in this chapter, is hereby adopted by reference as the Residential Code of the City of Lake Forest, regulating the construction of one- and two-family residential dwellings within the City, of which Code not less than one copy has been made and is now filed in the office of the City Clerk; and the same is adopted and incorporated as fully as is set forth at length herein.

8.06.020 California Residential Code amended.

A. Chapter 1 Division II Section R105.2, “Work exempt from permit,” Building Item 2, of the California Residential Code shall be amended to read as follows:

2. Fences not over six feet high.

Exception: Walls and fences six feet in height or less which are required as a condition of project approval are required to have permits.

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B. Chapter 1 Division II Section R105.3.2, “Time limitation of application,” of the California Residential Code is amended to read as follows:

R105.3.2 Time Limit of Application. Time limit of application. Any application for a permit for any proposed work shall be deemed to have been abandoned within one calendar year following the date of application, unless a permit is issued, and plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the Building Official. No extensions shall be allowed. In order to renew action on an application after expiration, the applicant shall resubmit plans and pay the required fees.

C. Chapter 1 Division II Section R105.5, “Expiration,” of the California Residential Code is amended to read as follows:

1. No changes have been made or will be made in the original plans and specifications for such work; and

2. Such suspension or abandonment has not exceeded one year; and

3. A re-endorsement of the compliance of the plans with the applicable regulations, by the Director of Community Development, shall be obtained.

In order to renew action on a permit after expiration, the permittee shall pay a new full permit fee.

D. Chapter 1 Division II Section R108.1, “Payment of fees,” of the California Residential Code is amended to read as follows:

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R108.1 Payment of Fees. A fee as established by Resolution of the City Council shall be paid for each permit at time of issuance.

E. Chapter 1 Division II Section R108.2, “Schedule of permit fees,” is amended to read as follows:

R108.2 Schedule of Permit Fees. The determination of value or valuation under any of the provision of this Code shall be made by the Building Official.

The value to be used in computing the building permit and building plan review fees shall be the total value of all construction work for which the permit is issued, as well as all finish work, painting, roofing, electrical, plumbing, heating, air conditioning, elevators, fire-extinguishing systems and any other permanent equipment.

F. Chapter 1 Division II Section R108.5, “Refunds,” is amended to read as follows:

R108.5 Fee Refunds. The Building Official may authorize refunding of any fee paid hereunder which was erroneously paid or collected.

The Building Official may authorize refunding of not more than 80 percent of the permit fee paid when no work has been done under a permit issued in accordance with this code.

G. Chapter 1 Division II Section R108.7, “Plan Review Fees,” is added to read as follows:

R108.7 Plan Review Fees. When submittal documents are required by Section R106.1, a plan review fee shall be paid at the time of submitting the submittal documents for plan review. Said plan review fee shall be established by Resolution of the City Council.

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The plan review fees specified in this subsection are separate fees from the permit fees specified in Section 109.1 and are in addition to the permit fees.

H. Chapter 1 Division II Section R108.8, “Investigation Fees: Work without a Permit,” is added to read as follows:

R108.8 Investigation Fees: Work without a Permit.

R108.8.1 Investigation. Whenever any work for which a permit is required by this code has been commenced without first obtaining said permit, a special investigation shall be made before a permit may be issued for such work.

R108.8.2 Fee. An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued. The investigation fee shall be equal to the amount of the permit fee required by this code. The minimum investigation fee shall be the same as the minimum fee set forth in the fee schedule. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of this code nor from any penalty prescribed by law.

I. Section R109.5, “Reinspections,” is hereby added to the California Residential Code is to read as follows:

Section R109.5 Reinspections. A reinspection fee may be assessed for each inspection or reinspection when such portion of work for which inspection is called is not complete or when corrections called for are not made.

This subsection is not to be interpreted as requiring reinspection fees the first time a job is rejected for failure to comply with the requirements of this code, but as controlling the practice of calling for inspections before the job is ready for such inspection or reinspection.

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To obtain a reinspection, the applicant shall file an application therefore in writing upon a form furnished for that purpose and pay the reinspection fee as established by the City Council.

In instances where reinspection fees have been assessed, no additional inspection of the work will be performed until the required fees have been paid.

J. Section R110.4, “Temporary occupancy,” of the California Residential Code is amended to read as follows:

R110.4 Temporary Certificate. If the Building Official finds that no substantial hazard will result from occupancy of any building or portion thereof before the same is completed, he or she may issue a Temporary Certificate of Occupancy for the use of a portion or portions of a building or structure prior to the completion of the entire building or structure. The application fee for such Temporary Certificate shall be as established by the City Council. The Temporary Certificate of Occupancy may be subject to such conditions as deemed necessary by the Building Official. The violation or failure of any such condition imposed shall be grounds for revocation of such Temporary Certificate of Occupancy.

K. Section R112.1, “General,” of the California Residential Code is amended to read as follows:

R112.1 General. The City Council shall be the Board of Appeals.

L. Section R113.4, “Violation penalties,” of the California Residential Code is amended to read as follows:

R113.4 Violations.

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

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shall be punished by a fine of not more than $1,000.00 or by imprisonment for not more than six months, or by both such fine and imprisonment.” SECTION 4. Chapter 8.14 of the Lake Forest Municipal Code is hereby amended and restated in its entirety to read as follows:
“Chapter 8.14 California Electrical Code

8.14.001 Adoption of California Electrical Code.

California Electrical Code, 2022 Edition (California Code of Regulations, Title 24, Part 3), based on the 2020 National Electrical Code as published by the National Fire Protection Association, including Article 89, together with the amendments provided in this chapter, is hereby adopted by reference as the Electrical Code of the City of Lake Forest, regulating all installation, arrangement, alteration, repair, use and other operation of electrical wiring, connections, fixtures and other electrical appliances on premises within the City, of which Code not less than one copy has been made and is now filed in the office of the City Clerk; and the same is adopted and incorporated as fully as is set forth at length herein.

8.14.010 California Electrical Code amended.

A. Section 89.108.5.2 is hereby added to the California Electrical Code to read as follows:

89.108.5.2 Enforcement.

This Code is intended to be suitable for mandatory application by the City of Lake Forest over electrical installations within incorporated territory of the City.

The Building Official of the City of Lake Forest shall have the authority for enforcement of the Code and the responsibility for making interpretations of the rules, for deciding upon the approval of equipment, materials and wiring methods as set forth in the California Electrical Code, and for the granting the special permission contemplated in a number of the rules.

The Building Official may waive specific requirements in this Code or permit alternate methods, where it is assured that equivalent objectives can be achieved by establishing and maintaining effective safety.

This Code may require new products, constructions, or materials which may not yet be available at the time the Code is adopted. In such event, the Authority Having Jurisdiction may permit the use of the products, constructions, or Item: 16
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materials which comply with the most recent previous edition of this Code adopted by the jurisdiction.

B. Section 89.108.4.2 of the California Electrical Code is amended to read as follows:

89.108.4.2 Fees.
(a) Fees shall be established by resolution of the City Council. (b) The fees required in this section must be paid to the City for each electrical installation for which a permit is required by this Code. (c) No permit shall be issued to any person, firm or corporation unless all fees for permits or additions to permits are paid in full. When an electrical plan is required to be submitted, a plan check fee shall be paid at the time of submittal.
(d) Failure to take out a permit and to pay fees before commencing work shall be deemed evidence of violation of the provisions of this Code. Double the amount of permit fees shall be assessed for work commenced before a permit is issued.
(e) Whenever any work for which a permit is required under the provisions of this Code has been commenced without the authorization of such permit, a special investigation may be required before a permit will be issued for such work. In addition to the regular permit fee and any penalty fee, the said special investigation fee which may be collected shall be established by resolution of the City Council.
(f) Fees for annual permits shall be paid at the time such permits are issued.

In addition, fees for all new work installed under such permit since the date of the previous inspection shall be paid, in accordance with the fee schedule, at the time the annual permit is issued.
(g) Fees for additional inspections.
(1) Each permit shall be entitled to one reinspection without additional charge, in addition to the required number of inspections established by the Building Official. On jobs which may be completely inspected on one inspection trip, two inspection trips will be allowed without additional charge for said second trip.

Exception: The number of inspection trips will not be limited on progress jobs; provided, however, that only one inspection will be permitted for checking a correction. For the purpose of this section, progress jobs are those where circumstances beyond the control of Item: 16
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the installer make it impossible for the electrical work to be completed at any specific time.
(2) If more inspection trips than specified in paragraph (g)(1) above are required due to the fault or error on the part of the installer or his employees, an additional fee as established by resolution of the City Council may be required of the installer for each additional inspection trip.
(h) Refunds.
(1) The Building Official shall collect such fees as are provided to be paid by this Code. He shall make no refunds on fees collected amounting to less than $30.00, or on any plan checking fee or on any permit fee where one year has elapsed from the date of issuance.
(2) Refunds may be made to the permittee in the amount equal to 80 percent of the permit fee paid where work authorized by said permit has not commenced.
(3) Refunds may be made in an amount equal to 100 percent of the amount paid for each permit when a permit has been inadvertently issued outside the jurisdiction of the City or duplicate permits have been issued and two fees have been collected for the same work.

C. Section 89.108.11 is hereby added to the California Electrical Code to read as follows:

89.108.11 Penalties. Any person, firm, or corporation violating any of the provisions of this Code shall be deemed guilty of a misdemeanor, and each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this Code is committed, continued or permitted; and upon conviction of any such violation such person shall be punished by a fine of not more than $1,000.00 or by imprisonment for not more than six months, or by both such fine and imprisonment.”
SECTION 5. Chapter 8.16 of the Lake Forest Municipal Code is hereby amended and restated in its entirety to read as follows:
“Chapter 8.16 California Plumbing Code

8.16.001 Adoption of California Plumbing Code.

California Plumbing Code, 2022 Edition (California Code of Regulations, Title 24, Part 5), based on the 2021 Uniform Plumbing Code as published by the International Item: 16
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Association of Plumbing and Mechanical Officials, including Chapter 1, together with the amendments provided in this chapter, is hereby adopted by reference as the Plumbing Code of the City of Lake Forest, regulating erection, installation, alteration, repair, relocation, replacement, maintenance or use of plumbing systems within the City, of which Code not less than one copy has been made and is now filed in the office of the City Clerk; and the same is adopted and incorporated as fully as is set forth at length herein.

Whenever the term “Authority Having Jurisdiction” is used in this Code, it shall mean the Building Official of the City.

Whenever the terms “Building Official” and “assistants” are used in this Code, they shall be construed to mean the Director of Community Development for the City of Lake Forest or her designated representative.

8.16.010 California Plumbing Code amended.

A. Section 104.5, “Fees,” of Chapter 1 of the Plumbing Code is hereby amended to read as follows:

Section 104.5 Fees
104.5 Fees. Fees shall be assessed in accordance with the provisions of this section and as set forth by Resolution of the City Council.

Failure to pay fees and obtain a permit before commencing work shall be deemed a violation of this Code, except when it can be proven to the satisfaction of the Building Official that an emergency existed which made it impractical to first obtain the permit. A violation shall result in an assessment of double permit fees for work done prior to permit issuance. Payment of a double fee shall not relieve any person from fully complying with the requirements of this Code nor from any other penalties prescribed herein.

For the purpose of this section, a sanitary plumbing outlet on or to which a plumbing fixture or appliance may be set or attached shall be construed to be a fixture. Fees for reconnection and retest of existing plumbing systems in relocated buildings shall be based on the number of plumbing fixtures, gas systems, water heaters, or other appliances involved.

When a permit has been obtained to connect an existing building or existing work to the public sewer or to a new private disposal facility, backfilling of private sewage disposal facilities abandoned consequent to such connection is included in the building sewer permit.

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B. Section 104.5.3, “Fee Refunds,” of Chapter 1 of the Plumbing Code is hereby amended to read as follows:

Section 104.5.3 Fee Refunds.
104.5.3.1 Refunds. Permit fee refunds will be made in an amount equal to 80 percent where work authorized by said permit has not commenced; except that no refund will be made for less than $30.00, and no refund will be made if one year has elapsed from the date of permit issuance.
104.5.3.2 Plan check fee refunds will be made in an amount equal to 80 percent if the request for such refund is received before the commencement of the first complete plan check; except that no refund will be made for less than $30.00, and no refund will be made if one year has elapsed from the date of plan check fee payment.
104.5.3.3 Permit and plan check fees will be refunded in their entirety when inadvertently paid for a project outside the jurisdiction of the City or as duplicate fees, except that no refund will be made if 1 year has elapsed from the date of payment.”
C. Section 106.3, “Penalties,” of Chapter 1 of the Plumbing Code is hereby amended to read as follows:

Section 106.3 Violation and Penalties.

Any person, firm or corporation violating any of the provisions of this Code shall be deemed guilty of a misdemeanor, and each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this Code is committed, continued or permitted; and upon conviction of any such violation such person shall be punished by a fine of not more than $1,000.00 or by imprisonment for not more than six months, or by both such fine and imprisonment.” SECTION 6. Chapter 8.20 of the Lake Forest Municipal Code is hereby amended and restated in its entirety to read as follows:
“Chapter 8.20 California Mechanical Code

8.20.001 Adoption of California Mechanical Code.

California Mechanical Code, 2022 Edition (California Code of Regulations, Title 24, Part 4), based on the 2021 Uniform Mechanical Code as published by the Item: 16
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International Association Plumbing and Mechanical Officials, including Chapter 1, together with the amendments provided in this chapter, is hereby adopted by reference as the Mechanical Code of the City of Lake Forest, regulating and controlling the design, construction, installation, quality of materials, location, operation and maintenance of heating, ventilating, cooling, refrigeration systems, incinerators and other miscellaneous heat producing appliances, of which Code not less than one copy has been made and is now filed in the office of the City Clerk; and the same is adopted and incorporated by reference as if set forth at length herein.

8.20.010 California Mechanical Code amended.

A. Section 104.3.3, “Time Limitation of Application,” of the Mechanical Code, is hereby amended to read as follows:
104.3.3 Expiration of plan review. Any application for a permit for any proposed work shall be deemed to have been abandoned within one calendar year following the date of application, unless a permit is issued, and plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the Building Official. No extensions shall be allowed. In order to renew action on an application after expiration, the applicant shall resubmit plans and pay the required fees.

B. Section 104.5, “Fees,” of the Mechanical Code, is hereby amended to read as follows:
104.5 Permit fees. A fee as established by Resolution of the City Council shall be paid for each permit at the time of issuance. Failure to pay fees and obtain a permit before commencing work shall be deemed a violation of this Code except when it can be proven to the satisfaction of the Building Official that an emergency existed which made it impractical to first obtain the permit. A violation shall result in an assessment of double permit fees for work done prior to permit issuance. Payment of a double fee shall not relieve any person from fully complying with the requirements of this Code nor from any other penalties prescribed herein.

C. Section 104.5.3, “Fee Refunds,” of the Mechanical Code, is hereby amended to read as follows:
104.5.3 Fee Refunds.
104.5.3.1 Permit fee refunds will be made in an amount equal to 80 percent where work authorized by said permit has not commenced, except that no Item: 16
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refund will be made for less than $30.00, and no refund will be made if one year has elapsed from the date of permit issuance.
104.5.3.2 Plan check fee refunds will be made in an amount equal to 80 percent if the request for such refund is received before the commencement of the first complete plan check, except that no refund will be made for less than $30.00, and no refund will be made if one year has elapsed from the date of plan check fee payment.
104.5.3.3 Permit and plan check fees will be refunded in their entirety when inadvertently paid for a project outside the jurisdiction of the City of Lake Forest or as duplicate fees, except that no refund will be made if one year has elapsed from the date of payment.”
SECTION 7. Chapter 8.24 of the Lake Forest Municipal Code is hereby amended and restated in its entirety to read as follows:
“Chapter 8.24 California Fire Code

8.24.010. Adoption of California Fire Code.

Except as hereinafter provided, the 2022 California Fire Code (California Code of Regulations, Title 24, Part 9), based on the International Fire Code, 2021 Edition, with errata, published by the International Code Council (ICC), with appendices and amendments thereto, including Chapter 1, are hereby adopted by the City of Lake Forest for the purpose of prescribing regulations governing conditions hazardous to the life and property from fire or explosion, save and except such portions as are hereinafter added, deleted, modified or amended. One copy of all the above is now on file in the office of the City Clerk for public inspection and is adopted with the same force and effect as through set out herein in full.

8.24.020. California Fire Code amended.

The California Fire Code adopted herein by reference is hereby modified by the following additions, amendments, and deletions:

1.Chapter 1 General Requirements. Adopt Chapter 1 in its entirety, with the with the following amendments:

Section 112.4, “Violation penalties,” is hereby revised as follows:
112.4 Violation penalties. Persons who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or shall fail to Item: 16
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comply with any issued orders or notices or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the Fire Code Official, or of a permit or certificate used under provisions of this code, shall be subject to penalties assessed as prescribed in the OCFA Prevention Field Services adopted fee schedule. Each day that a violation continues after due notice has been served shall be deemed a separate offense.

Section 112.4.2, “Infraction and misdemeanor,” is hereby added as follows:
112.4.2 Infraction and misdemeanor. Persons operating or maintaining any occupancy, premises or vehicle subject to this Code that shall permit any fire or life safety hazard to exist on premises under their control shall be guilty of an infraction. Persons who fail to take immediate action to abate a fire or life safety hazard when ordered or notified to do so by the Chief or a duly authorized representative are guilty of a misdemeanor.

2.Chapter 2 Definitions is adopted in its entirety as amended by State Fire Marshall ("SFM") with the following amendments:

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

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

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

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

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

Section 304.1.2, “Vegetation,” is hereby revised as follows:

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304.1.2 Vegetation. Weeds, grass, vines, or other growth that is capable of being ignited and endangering property, shall be cut down and removed by the owner or occupant of the premises. Vegetation clearance requirement in urban-wildland interface areas shall be in accordance with Chapter 49.

Type, amount, arrangement, and maintenance of vegetation in a fuel modification area, interior slope, or similarly hazardous area shall be in accordance with OCFA Guideline C-05 “Vegetation Management Guideline — Technical Design for New Construction, Fuel Modification Plans, and Maintenance Program.

Section 305.6, “Hazardous Conditions,” is hereby added as follows:
305.6 Hazardous conditions. Outdoor fires burning wood or other solid fuel are not allowed when any of the following conditions apply:

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

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

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

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

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

SECTION 307 OPEN BURNING, RECREATIONAL FIRES, FIRE PITS,

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

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

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

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

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

Exceptions:

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

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

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

Exceptions:

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

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

Section 324, “Fuel Modification Requirements for New Construction,” is hereby added as follows:
324 Fuel Modification Requirements for New Construction. All new structures and facilities adjoining land containing hazardous combustible vegetation shall be approved and in accordance with the requirements of OCFA Guideline C-05 “Vegetation Management Guideline – Technical Design for New Construction Fuel Modification Plans and Maintenance Program.

Section 325, “Clearance of brush or vegetation growth from roadways,” is hereby added as follows:
325 Clearance of brush or vegetation growth from roadways. The Fire Code Official is authorized to cause areas within 10 feet (3048 mm) on each side of portions of highways and private streets which are improved, designed or ordinarily used for vehicular traffic, to be cleared of flammable vegetation and other combustible growth. Measurement shall be from the flow-line or the end of the improved edge of the roadway surfaces.

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

Section 326, “Unusual Circumstances,” is hereby added as follows:
326 Unusual circumstances. The Fire Code Official may suspend enforcement of the vegetation management requirements and require reasonable alternative measures designed to advance the purpose of this Item: 16
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Code if determined that in any specific case that any of the following conditions exist:

1. Difficult terrain.

2. Danger of erosion.

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

4. Stands or groves of trees or heritage trees.

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

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

Exceptions:

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

2. Turbocharged engines are not subject to this section if all exhausted gases pass through the rotating turbine wheel, there is no exhaust bypass to the atmosphere, and the turbocharger is in good mechanical condition
Section 327.1, “Use of Equipment and Devices Generating Heat, Sparks or Open Flames,” is hereby added as follows:
327.1 Equipment and devices generating heat, sparks or open flames.

During any time of the year within Wildfire Risk Areas, within or immediately adjacent to any forest- or brush-covered land or non-irrigated grass-covered land, no person shall use or operate any welding equipment, cutting torches, tar pots, grinding devices, or other tools or equipment that may produce a spark, fire, or flame that could result in a wildfire without doing the following:

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

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

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

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

Section 327.2, “Spark Arresters,” is hereby added as follows:
327.2 Spark arresters. Spark arresters shall comply with Section 202, and when affixed to the exhaust system of engines or vehicles subject to Section 327 shall not be placed or mounted in such a manner as to allow flames or heat from the exhaust system to ignite any flammable material.

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

Section 407.5, “Hazardous Materials Inventory Statement,” is revised as follows:
407.5 Hazardous Materials Inventory Statement. Where required by the Fire Code Official, each application for a permit shall comply with OCFA’s Chemical Classification Guideline in accordance with Section 5001.5.2.

5.Chapter 5, “Fire Service Features,” is adopted in its entirety as amended by SFM with the following amendments:

SECTION 501.1, “Scope,” is revised as follows:
501.1 Scope. Fire service features for buildings, structures and premises shall comply with this chapter and, where required by the Fire Code Official, Item: 16
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with OCFA Guideline B-01, “Fire Master Plan for Commercial & Residential Development.”
Section 510.1, “Emergency responder communication coverage in new buildings,” is revised as follows:
510.1 Emergency responder radio coverage in new buildings. All new buildings shall have approved radio coverage for emergency responders within the building based upon the existing coverage levels of the public safety communication systems of the jurisdiction at the exterior of the building. This section shall not require improvement of the existing public safety communication systems. The Emergency Responder Radio Coverage System shall comply with the Orange County Sheriff’s Department, Communications and Technology Division guidelines and specifications and, where the functionality or performance requirements in the California Fire Code are more stringent, this Code.

Exceptions:

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

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

2. In facilities where emergency responder radio coverage is required and such systems, components or equipment required could have a negative impact on the normal operations of the facility, the Fire Code Item: 16
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Official shall have the authority to accept an automatically activated emergency radio coverage system.

6.Chapter 6, Building Services and Systems,” is adopted in its entirety as amended by SFM.

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

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

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

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

1.New buildings: Notwithstanding any applicable provisions of Sections 903.2.1 through 903.2, an automatic fire sprinkler system shall also be installed in all occupancies when the total building area, as defined in Section 202, exceeds 5,000 square-feet (465 square- meters) as defined in Section 202, regardless of fire areas or allowable area, or is more than two stories in height.

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

2. Existing Buildings: Notwithstanding any applicable provisions of this code, an automatic fire sprinkler system shall be provided in an existing building when an addition occurs and one of the following conditions exists:
a. When an addition is 33% or more of the existing building area, and the resulting building area exceeds 5,000 square feet
b. When an addition exceeds 2,000 square feet, and the resulting building area exceeds 5,000 square feet.

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c. An additional story is added above the second floor regardless of fire areas or allowable area.

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

Section 903.2.8, “Group R,” is hereby revised as follows:
903.2.8 Group R. An automatic fire sprinkler system installed in accordance with Section 903.3 shall be provided throughout all buildings with a Group R fire area as follows:

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

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

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

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

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

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

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10.Chapter 10, “Means of Egress,” is adopted in its entirety as amended by SFM.

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

12. Chapter 12, “Energy Systems,” is adopted in its entirety as amended by SFM.

13. Chapter 20, “Aviation Facilities,” is adopted in its entirety.

14.Chapter 21, “Dry Cleaning,” Chapter 22, “Combustible Dust-Producing Operations,” Chapter 23, “Motor Fuel-Dispensing Facilities and Repair Garages,” Chapter 24, “Flammable Finishes,” are adopted in their entirety as amended by SFM.

15.Chapter 25, “Fruit and Crop Ripening,” and Chapter 26, “Fumigation and Insecticidal Fogging,” are deleted in their entirety.

16.Chapter 27, “Semiconductor Fabrication Facilities,” is adopted in its entirety without amendments.

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

Section 2801.2, “Permit,” is hereby revised as follows:
90100 110 120 130 140 150 PSI 85 80
75 Design %
TABLE 903.3.5.3
Hydraulically Calculated Systems
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2801.2 Permit. Permits shall be required as set forth in Section 105.6 and 105.6.29.

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

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

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

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

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

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

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

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

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

Section 2808.4, “Pile Separation,” is hereby revised as follows:

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2808.4. Pile separation. Piles shall be separated from adjacent piles by a minimum distance of 20 feet. Additionally, piles shall have a minimum separation of 100 feet from combustible vegetation.

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

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

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

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

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

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

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Section 2808.12, “Water availability,” is hereby added as follows:
2808.12 Water Availability. Facilities with over 2500 cubic feet shall provide a water supply. The minimum fire flow shall be no less than 500 GPM @ 20 psi for a minimum of 1 hour duration for pile heights up to 6 feet and 2-hour duration for pile heights over 6 feet. If there is no water purveyor, an alternate water supply with storage tank(s) shall be provided for fire suppression. The water supply tank(s) shall provide a minimum capacity of 2,500 gallons per pile (maximum 30,000 gallons) for piles not exceeding 6 feet in height and 5,000 gallons per pile (maximum 60,000) for piles exceeding 6 feet in height. Water tank(s) shall not be used for any other purpose unless the required fire flow is left in reserve within the tank at all times. An approved method shall be provided to maintain the required amount of water within the tank(s).

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

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

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

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

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

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

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

Section 2808.15, “Maximum Grid of Piles and Rows,” is hereby added as follows:
2808.15 Maximum Grid of Piles and Rows. Rows of Piles shall not exceed 500 feet by 500 feet. Grids shall be separated by a minimum 50-foot clear space used for no other purpose.
2808.16, “Push-out / Clear area,” is hereby added as follows:

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2808.16 Push-out / Clear area. Piles exceeding 20 cubic yards shall be provided with push-out areas. Push-out areas shall be maintained clear at all times to allow for the largest pile to be spread out to a depth of 2 feet in height. Push-out areas shall be located within 250 feet of all edges of any pile and shall be located a minimum of 20 feet from any building.

18.Chapter 29, “Manufacture of Organic Coatings,” and Chapter 30, “Industrial Ovens,” are adopted in their entirety without amendments.

19. Chapter 31 “Temporary Special Event Structures and Other Membrane Structures,” and Chapter 32, “High-Piled Combustible Storage,” are adopted in their entirety as amended by SFM.

20. Chapter 33, “Fire Safety During Construction and Demolition,” is adopted in its entirety without amendments.

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

22. Chapter 35, “Welding and Other Hot Work,” Chapter 36, “Marinas,” Chapter 37, “Combustible Fibers,” Chapter 39, “Processing and Extraction Facilities,” Chapter 40, “Storage of Distilled Spirits and Wines,” Chapter 48, “Motion Picture and Television Production Studio Sound Stages, Approved Production Facilities and Production Locations,” are hereby adopted in their entirety without amendments.

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

Section 4903.3 Fuel Modification Plans is hereby added as follows:
4903.3 Fuel Modification Plans. Fuel modification plans shall be reviewed and approved by OCFA for all new buildings to be built or installed in a wildfire risk area. Plans shall meet the criteria set forth in OCFA Guideline C-05 “Vegetation Management Guideline – Technical Design for New Construction Fuel Modification Plans and Maintenance Program.

24.Chapter 50, “Hazardous Materials – General Provisions,” is adopted in its entirety as amended by SFM with the following amendments:

Section 5001.5.2, “Hazardous Materials Inventory Statement (HMIS),” is hereby revised as follows:

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5001.5.2 Hazardous Materials Inventory Statement (HMIS). Where required by the Fire Code Official, an application for a permit shall include.

Orange County Fire Authority’s Chemical Classification Guideline, which shall be completed and approved prior to approval of plans, and/or the storage, use or handling of chemicals on the premises.

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

25.Chapter 51, “Aerosols,” Chapter 53, “Compressed Gases,” Chapter 54, “Corrosive Materials,” and Chapter 55, “Cryogenic Fluids,” are adopted in their entirety without amendments.

26.Chapter 56, “Explosives and Fireworks,” is adopted in its entirety with the following amendments:

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

Section 5608.3, “Application for Permit,” is hereby added as follows:

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

27.Chapter 57, “Flammable and Combustible Liquids.” Adopt Chapter 57, with the exception of Section 5707, in its entirety and with the following amendment:

Section 5701.1.1, “On-Demand Mobile fueling,” is added as follows:

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Section 5701.1.1 On-Demand Mobile fueling. On-demand mobile fueling of Class I, II, and III liquids into the fuel tanks of vehicles is prohibited.

28.Chapter 58, “Flammable Gases and Flammable Cryogenic Fluids.” Adopt Chapter 58, with the exception of Section 5809, in its entirety and with the following amendment:

Section 5801.1, “Scope,” is revised as follows:

Section 5801.1 Scope. The storage and use of flammable gases and flammable cryogenic fluids shall be in accordance with this chapter, NFPA 2 and NFPA 55. Compressed gases shall also comply with Chapter 53 and cryogenic fluids shall also comply with Chapter 55. Flammable cryogenic fluids shall comply with Section 5806. Hydrogen motor fuel-dispensing stations and repair garages and their associated above-ground hydrogen storage systems shall also be designed, constructed, and maintained in accordance with Chapter 23. Mobile fueling of gaseous and liquid hydrogen, compressed natural gas (CNG), and liquefied natural gas (LNG) into the fuel tanks of vehicles is prohibited.

Exceptions:

1. Gases used as refrigerants in refrigeration systems (see Section 605).

2. Liquefied petroleum gases and natural gases regulated by Chapter 61.

3. Fuel-gas systems and appliances regulated under the
California Mechanical Code and the California Plumbing Code other than gaseous hydrogen systems and appliances.

4. Pyrophoric gases in accordance with Chapter 64.

29.Chapter 59, “Flammable Solids,” Chapter 60, “Highly Toxic and Toxic Materials,” Chapter 61, “Liquefied Petroleum Gases,” Chapter 62, “Organic Peroxides,” Chapter 63, “Oxidizers, Oxidizing Gases, and Oxidizing Cryogenic Fluids,” Chapter 64, “Pyrophoric Materials,” Chapter 65, “Pyroxylin (Cellulose Nitrate) Plastics,” Chapter 66, “Unstable (Reactive) Materials,” and Chapter 67, “Water-Reactive Solids and Liquids,” are adopted in their entirety without amendments.

30.Chapter 80, “Referenced Standards,” is adopted in its entirety with the following amendments:

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

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Section 16.12.3.3 is hereby revised as follows:

16.12.3.3 Fire department connections (FDC) shall be of an approved type.

The location shall be approved and be no more than 150 feet from a public hydrant. The FDC may be located within 150 feet of a private fire hydrant when approved by the fire code official. The size of piping and the number of 2½” inlets shall be approved by the Fire Code Official. If acceptable to the water authority, it may be installed on the backflow assembly. Fire department inlet connections shall be painted OSHA safety red or as approved. When the fire sprinkler density design requires more than 500 gpm (including inside hose stream demand), or a standpipe system is included, four 2½” inlets shall be provided.

Section 9.4.3.1 is hereby revised as follows:

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

1. Quick-response type as defined in 3.3.215.4.16

2. Residential sprinklers in accordance with the requirements of Chapter 12

3. Quick response CMSA sprinklers

4. ESFR sprinklers

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

6. Standard-response sprinklers used where individual standard- response sprinklers are replaced in existing light hazard systems Section 9.2.1.7 is hereby revised as follows:

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

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

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Section 7.1.2 is hereby revised as follows:

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

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

Section 7.3.1.1 is hereby deleted in its entirety.

NFPA 24, 2022 Edition, Standard for the Installation of Private Fire Service Mains and Their Appurtenances, is hereby amended as follows:

Section 6.2.8.1 is hereby added as follows:

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

Exceptions:

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

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

Section 6.2.9 is hereby amended as follows:

All connections to private fire service mains for fire protection systems shall be arranged in accordance with one of the following so that they can be isolated:
(1) A post indicator valve installed not less than 40 ft (12 m) from the building
(a) For buildings less than 40 ft (12 m) in height, a post indicator valve shall be permitted to be installed closer than 40 ft (12 m) but at least as far from the building as the height of the wall facing the post indicator valve.
(2) A wall post indicator valve.
(3) An indicating valve in a pit, installed in accordance with Section 6.4.

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(4) A backflow preventer with at least one indicating valve not less than 40 ft (12 m) from the building.
(a) For buildings less than 40 ft (12 m) in height, a backflow preventer with at least one indicating valve shall be permitted to be installed closer than 40 ft (12 m) but at least as far from the building as the height of the wall facing the backflow preventer. (5) Control valves installed in a fire-rated room accessible from the exterior.
(6) Control valves in a fire-rated stair enclosure accessible from the exterior.

Section 10.1.5 is hereby added as follows:

10.1.5 All ferrous pipe and joints shall be polyethylene encased per AWWA C150, Method A, B, or C. All fittings shall be protected with a loose 8-mil polyethylene tube or sheet. The ends of the tube or sheet shall extend past the joint by a minimum of 12 inches and be sealed with 2-inch-wide tape approved for underground use. Galvanizing does not meet the requirements of this section.

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

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

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

Section 10.4.1.1.1 is hereby added as follows:

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

Section 10.4.3.2 is hereby amended as follows:

10.4.3.2. Where fire service mains enter the building adjacent to the foundation, the pipe may run under a building to a maximum of 24 inches, as measured from the interior face of the exterior wall to the center of the vertical pipe. The pipe under the building or building foundation shall be 304 Item: 16
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or 316 stainless steel and shall not contain mechanical joints or it shall comply with 10.4.3.2.1 through 10.4.3.2.4.”
SECTION 8. Chapter 8.32, “International Property Maintenance Code,” is hereby added to read in its entirety as follows:
“8.32.001 Adoption of the International Property Maintenance Code.

There is adopted by the City Council of the City of Lake Forest that certain Code known as the International Property Maintenance Code, 2021 Edition, as published by the International Code Council. At least one copy of said code is on file in the office of the City Clerk and shall at all times be maintained by the City Clerk for use and examination by the public. Notwithstanding the foregoing, wherever the California Health and Safety Code sets forth standards different or additional than those in the International Property Maintenance Code, the more restrictive standards and interpretation thereof shall apply.” SECTION 9. Chapter 8.34, “International Swimming Pool, Spa, and Hot Tub Code,” is hereby added to read in its entirety as follows:
“8.34.001 Adoption of the International Swimming Pool, Spa, and Hot Tub Code.

The International Swimming Pool, Spa, and Hot Tub Code, 2021 Edition, as published by the International Association of Plumbing and Mechanical Officials, is adopted by reference by the City. At least one copy of said code is on file in the office of the City Clerk and shall at all times be maintained by the City Clerk for use and examination by the public. Notwithstanding the foregoing, wherever the California Building Standards Code (California Code of Regulations, Title 24) sets forth standards different or additional than those in the International Swimming Pool, Spa, and Hot Tub Code, the more restrictive standards and interpretation thereof shall apply.”
SECTION 10. Upon the effective date of this Ordinance, all former ordinances or parts thereof conflicting or inconsistent with the provisions of this ordinance of the codes herein adopted by reference and any other ordinance in conflict herewith are hereby repealed and declared to be of no further force and effect.

SECTION 11. The City Council finds that this Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined Item: 16
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in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.

SECTION 12. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance for any reason is held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance.

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

SECTION 13. Adoption of this Ordinance includes the whole of each California Building Standards Code and International Code, together with accumulative supplements, and associated standards referenced therein, including such portions as may be added by the provisions of this chapter, and except such portions as may be deleted or modified by the provisions of this chapter. One copy of said codes has been and is on file in the Office of the City Clerk of the City of Lake Forest.

SECTION 14. The City Clerk shall certify as to the adoption of this Ordinance and shall cause a summary thereof to be published at least five days prior to the meeting at which the proposed Ordinance is to be adopted and shall post a certified copy of the proposed Ordinance in the Office of the City Clerk, and within 15 days of the adoption, shall post a certified copy of this Ordinance, including the vote for and against the same, in the Office of the City Clerk, in accordance with Government Code section 36933.

SECTION 15. This ordinance shall be effective on January 5, 2023, which is to be no less than 30 days after its adoption.

PASSED, APPROVED, AND ADOPTED this 6th day of December 2022.

ROBERT PEQUEÑO, MAYOR
ATTEST:

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LISA BERGLUND, MPA

CITY CLERK
APPROVED AS TO FORM:

MATTHEW E. RICHARDSON

CITY ATTORNEY
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.

CITY OF LAKE FOREST )
I, Lisa Berglund, City Clerk of the City of Lake Forest, California do hereby certify that the foregoing Ordinance No. _______was duly introduced and placed upon its first reading at a regular meeting of the City Council on the 1 st day of November, 2022, and thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 6 th day of December, 2022, by the following vote, to wit:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

LISA BERGLUND, MPA

CITY CLERK
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ATTACHMENT 2
Item: 16
460

Existing
Revised
Deleted
New
2022 CFC CODE

SECTION
2019 Code
Section

TITLE/SUBJECT COMMENTS/JUSTIFICATION STATUS
112.4 110.4 Violation penalties Clarifies administrative violation process; fines now based on OCFA adopted fee schedule.

Existing
112.4.2 110.4.2 Infraction & Misdemeanor Used for purpose of applying penalties under 109.4. Amendment combines definitions of infraction and misdemeanor under one section.

Existing
202 202 Definitions Definition of "OCFA" and "spark arrester" unchanged. Existing 304.1.2 304.1.2 Vegetation Aligns maintenance to OCFA Guideline C-05 requirements. Existing 305.6 305.6 Hazardous Conditions Prohibits outdoor fires during hazardous weather conditions. Existing 305.7 305.7 Disposal of Rubbish Prohibits open burning of trash, leaves, and other debris. Existing 307 307 Open burning, recreational fires, fire
pits, fire rings, and outdoor fireplaces
Administrative change to the section title to include fire pits and fire rings regulated under amendments in 307.6. No change from previous amendment.

Existing
307.6 307.6 Outdoor Fireplaces, Fire Pits, Fire
Rings, or similar devices used at
Group R Occupancies.

Addresses requirements for outdoor fireplaces, fire pits, fire rings. Existing 307.6.1 307.6.1 Gas-fueled devices Prohibits gas fire pits within 3' of R-3 occupancy or 10' of other R occupancies
Existing
307.6.2 307.6.2 Devices using wood or fuels other
than natural gas or LPG
Prohibits solid fuel within 15' of combustibles unless in a fireplace Existing 307.6.2.1 307.6.2.1 Where prohibited Prohibits solid fuel fires in fuel mod zone, and in Wildland-Urban Interface/Wildfire Risk Area outside of fireplaces
Existing
308.1.6.3 308.1.6.3 Sky lanterns Addressed in 2022 CA Fire Code. Deleted - 2022 324 321 Fuel modification requirements for
new construction
Codifies requirements for fuel modification in properties adjacent to areas with combustible vegetation hazards.

Existing
325 322 Clearance of brush or vegetation
growth from roadways
Authorizes clearance of vegetation from edges of roadways to reduce ignition hazard
Existing
This 2019 amendment is being carried forward into 2022 amendment package. Minor editorial/clerical changes may have been made, but they do not have material regulatory effect.

A modified version of the 2019 amendment is being carried forward. Changes in scope or wording are significant relative to the 2019 version, or they may impact regulatory effect.

This 2019 amendment is not being carried forward into the 2022 amendment package.

This is a new amendment in the 2022 amendment package.

Chapter 1 - Scope & Administration
Chapter 2 - Definitions
Chapter 3 - General Requirements
2022 California Fire Code (CFC) - OCFA Amendment Summary Legend
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Existing
Revised
Deleted
New
2022 CFC CODE

SECTION
2019 Code
Section

TITLE/SUBJECT COMMENTS/JUSTIFICATION STATUS
This 2019 amendment is being carried forward into 2022 amendment package. Minor editorial/clerical changes may have been made, but they do not have material regulatory effect.

A modified version of the 2019 amendment is being carried forward. Changes in scope or wording are significant relative to the 2019 version, or they may impact regulatory effect.

This 2019 amendment is not being carried forward into the 2022 amendment package.

This is a new amendment in the 2022 amendment package.
2022 California Fire Code (CFC) - OCFA Amendment Summary Legend
326 323 Unusual circumstances Provides for suspension of or alternative methods of compliance with vegetation maintenance standards under specific circumstances Existing
327 324 Use of equipment Requires use of spark arrester on equipment used in wildfire prone areas Existing 327.1 324.1 Use of equipment and devices
generating heat, sparks or open
flames
Adopts a modified version of Public Resources Code requirement (30' setback instead of 10') for hazardous activities in wildland risk areas based on the cause of multiple fires in OCFA jurisdiction.

Existing
327.2 324.2 Spark arresters Requires spark arresters to comply with CFC 202 and prevent accidental ignition
Existing
407.5 407.5 Hazardous Material Inventory
Statement
Reference to Hazardous material Inventory Statement is replaced by "OCFA's Chemical Classification packet" for consistency with Ch.50 language
Existing
501.1 501.1 Scope Guideline B-09 has been reworked and renamed to B-01. Reference to B- 09a is deleted since there are cross-references to Title 14 requirements in B-01.

Revised
510.1 510.1 Emergency responder radio coverage
in new buildings
Amendment makes reference to local authority having jurisdiction's ordinance and specifies types of buildings where an emergency responder radio system is required
Existing
903.2 903.2 Where required (Sprinklers) Requires sprinklers in new buildings based on size. Requires sprinkler retrofit in buildings undergoing addition based on various area criteria.

Revised to allow exception for open parking garages.

Existing
903.2.8 903.2.8 Group R (Sprinklers) Requires sprinkler retrofit in homes undergoing addition or remodel based on various area criteria.

Existing
903.3.5.3 903.3.5.3 Hydraulically calculated systems Adds specification for industry standard 10% safety margin to be included in sprinkler calculations
Existing
Chapter 9 - Fire Protection Systems
Chapter 4 - Emergency Planning and Preparedness
Chapter 5- Fire Service Features
Chapter 12 - Energy Systems
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Existing
Revised
Deleted
New
2022 CFC CODE

SECTION
2019 Code
Section

A modified version of the 2019 amendment is being carried forward. Changes in scope or wording are significant relative to the 2019 version, or they may impact regulatory effect.

This 2019 amendment is not being carried forward into the 2022 amendment package.

This is a new amendment in the 2022 amendment package.
2022 California Fire Code (CFC) - OCFA Amendment Summary Legend
1201.1.1 Other Systems Added specification for battery charging systems for cars and carts Deleted - 2022 2801.2 2801.2 Permit (Miscellaneous combustible
storage)
Clarifies permit for storage/composting of green waste is a Miscellaneous Combustible Storage permit
Existing
2808.2 2808.2 Storage site Requires OCFA approval of site before bringing product to the site Existing 2808.3 2803.3 Size of piles Reduces the size of piles of combustible materials Existing 2808.4 2808.4 Pile separation Requires 20' separation between piles instead of specifically a fire lane; requires 100' separation from other combustible vegetation Existing
2808.7 2808.7 Pile fire protection Requires oscillating sprinklers to maintain moisture content and wet down burning/smoldering areas
Existing
2808.9 2808.9 Material-handling equipment Requires approved spark arrester on equipment Existing 2808.11 2808.11 Temperature control Requires that temperature be monitored and maintained Existing 2808.11.1 2808.11.1 Pile temperature Control Requires rotation of piles above 165 degrees Existing 2808.11.2 2808.11.2 New material temperature control Regulates acceptance of new piles above 165 degrees Existing 2808.12 2808.12 Water Availability Establishes firefighting water quantity requirements Existing 2808.13 2808.13 Tipping Area Establishes requirements for new material tipping area configuration and use
Existing
2808.14 2808.14 Emergency Contact Requires posting of emergency contact info Existing 2808.15 N/A Maximum Grid of Piles & Rows Defining maximum separation of piles. New 2808.16 N/A Push out / Clear area Identifying when a push-out area is required for piles. New 4903.3 4908 Fuel Modification Plans Amendment updated to be In accordance with new Fire Protection Plan language in Chapter 49 and revised language in Guideline C-05.

Revised
Chapter 28 - Lumber yard, agro-industrial, Solid Biomass and Woodworking Facilities Chapter 49 - Requirements for Wildland-Urban Interface Fire Areas 10/10/2022 3 of 5
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Existing
Revised
Deleted
New
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SECTION
2019 Code
Section

A modified version of the 2019 amendment is being carried forward. Changes in scope or wording are significant relative to the 2019 version, or they may impact regulatory effect.

This 2019 amendment is not being carried forward into the 2022 amendment package.

This is a new amendment in the 2022 amendment package.
2022 California Fire Code (CFC) - OCFA Amendment Summary Legend
4906.3 4906.3 Requirements This is now addressed in the new Defensible Space section in 2022 CFC Chapter 49, and OCFA Guideline C-05.

Deleted - 2022
5001.5.2 5001.5.2 Hazardous materials inventory
statement (HMIS)
References "OCFA's Chemical Classification Packet" instead of a Hazardous Materials Inventory Statement
Existing
5003.1.1.1 5003.1.1.1 Extremely hazardous substances Prohibits extremely hazardous substances above disclosable amounts in a residential area.

Existing
5608.2 5608.2 Firing (Fireworks) Requires fireworks shows to be electrically fired. Existing 5608.3 N/A Application for Permit Carries over Title 19 requirement into Fire Code so it can be amended to establish a 100'/inch fallout zone instead of the standard 70'/inch.

Existing
5701.1.1 5701.1.1 Mobile Fueling Removed mobile fueling from the scope of Chapter 57. Amendment is no longer needed as adoption matrix in the 2022 CFC clearly indicates that mobile fueling provisions are not adopted.

Deleted - 2022
5801.1 5801.1 Scope Prohibited mobile fueling of hydrogen, CNG, LPG. Deleted - 2022 2022 NFPA

16.12.3.3 2016 NFPA 13,

6.7.3 FDC Type Specifies type, location, color of FDC. Existing amendment language modified for additional clarity and to better align with other sections of NFPA 13.

Existing

9.4.3.1 8.3.3.1 Shell buildings Specifies sprinkler type for spec shell buildings that are not warehouses Existing

9.2.1.7 8.15.1.2.7 Concealed spaces Revises section to ensure that the use of noncombustible insulation can be reviewed to prevent conflicts with operational requirements Existing
Chapter 80 - Referenced Standards
NFPA 13
Chapter 58 - Flammable Gases and Flammable Cryogenic Fluids Chapter 50 - Hazardous Materials
Chapter 56 - Explosives and Fireworks
Chapter 57 - Flammable and Combustible Liquids
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Existing
Revised
Deleted
New
2022 CFC CODE

SECTION
2019 Code
Section

A modified version of the 2019 amendment is being carried forward. Changes in scope or wording are significant relative to the 2019 version, or they may impact regulatory effect.

This 2019 amendment is not being carried forward into the 2022 amendment package.

This is a new amendment in the 2022 amendment package.
2022 California Fire Code (CFC) - OCFA Amendment Summary Legend

19.1.1 11.1.1.1 Sprinkler design Specifies sprinkler design criteria for spec buildings that are not warehouses
Deleted - 2022

19.1.4.1 11.2.3.1.1.1 Water supply Specifies acceptable methods of determining water supply Deleted - 2022 2022 NFPA 13D

7.1.2 2016 NFPA
13D: 7.1.2
Control valves Requires monitoring if a dedicated sprinkler shutoff valve is installed Existing 2019 NFPA 14

7.3.1.1 2016 NFPA
14: 7.3.1.1
Hose Connection Height Specified height of hose outlet Deleted - 2022 2019 NFPA 24

6.2.8.1 2016 NFPA
24: 6.2.8.1
Indicating Valves Specifies that valves controlling firefighting water supplies shall be painted red to facilitate identification by firefighters; provides exception for valves on exterior risers and for a system with only OS&Y shutoff valves.

Existing

6.2.9 (5) 6.2.9 (5) Street valves Removes exception for roadway valve boxes Existing

10.1.5 10.1.5 Wrapping/Coating Pipe Revised to allow wrapping of pipe with polyethylene sheet in accordance with AWWA standards instead of tubing.

Existing

10.4.1.1 10.4.1.1 Pipe joints Specifies that stainless steel parts do not need to be coated with asphalt or other corrosion retardant.

Existing

10.4.1.1.1 10.4.1.1.1 Stainless steel bolts Requires use of stainless steel bolts. Existing

10.4.3.2 10.6.3.1 Pipe under foundations Requires pipe to terminate near exterior wall; requires single piece stainless steel sweep at riser.

Existing
Appendices B,

BB, C, CC, H
Only five of the 16 appendices included in the 2022 Fire Code (B, BB, C, CC, and H) are adopted by the State. OCFA is not proposing adoption of any additional appendices or amendments to them beyond what the State has already adopted.

Appendices
NFPA 13D
NFPA 14
NFPA 24
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CITY COUNCIL AGENDA REPORT
MEETING DATE: 11/15/2022
DEPARTMENT: City Attorney’s Office
SUBJECT:

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE FOREST, CALIFORNIA, AMENDING ARTICLE 1 (PUBLIC NUISANCE) OF CHAPTER

6.14 (NUISANCES, GENERAL) OF TITLE 6 (HEALTH AND SANITATION) AND SECTION 1.01.250 OF THE LAKE FOREST MUNICIPAL CODE TO PROVIDE

FOR SUMMARY NUISANCE ABATEMENT PROCEDURES, RECOVERY OF
EXPENSES; AND MODIFYING THE PROCESS FOR NOTICE, HEARING, AND APPEALS REGARDING INVOLUNTARY ABATEMENT OF A NUISANCE; AND

DETERMINING THE ORDINANCE TO BE EXEMPT FROM CEQA
RECOMMENDED ACTION(S):

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

COUNCIL OF THE CITY OF LAKE FOREST, CALIFORNIA, AMENDING ARTICLE 1 (PUBLIC NUISANCE) OF CHAPTER 6.14 (NUISANCES, GENERAL) OF TITLE 6 (HEALTH AND SANITATION) AND SECTION 1.01.250

OF THE LAKE FOREST MUNICIPAL CODE TO PROVIDE FOR SUMMARY NUISANCE ABATEMENT PROCEDURES, RECOVERY OF EXPENSES; AND

MODIFYING THE PROCESS FOR NOTICE, HEARING, AND APPEALS
REGARDING INVOLUNTARY ABATEMENT OF A NUISANCE; AND
DETERMINING THE ORDINANCE TO BE EXEMPT FROM CEQA.

EXECUTIVE SUMMARY:

This Ordinance amends Article 1 (Public Nuisance) of Chapter 6.14 and Section

1.01.250 (Nuisances – Recovery of abatement expenses) of the Lake Forest Municipal Code as they relate to the procedures for providing notice to property owners regarding abatement processes, for administrative abatement, for summary abatement, for hearings and appeals, and for recovery of costs.

Adopting the Ordinance will modernize the Municipal Code’s provisions related to summary abatement procedures and remove the current unnecessary requirement that all nuisance abatement processes receive an automatic hearing.

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BACKGROUND:

Article 1 of Chapter 6.14 of Title 6 and Section 1.01.250 of the Lake Forest Municipal Code contain certain procedures for nuisance abatement and recovery of associated costs by the City. These nuisance abatement and cost recovery provisions have not been updated by the City since 2007. The City’s Municipal Code currently requires automatic hearings as part of the nuisance abatement process, raising unnecessary obstacles to prompt and effective code enforcement. Additionally, the City’s Municipal Code lacks a modernized summary abatement process to deal quickly with nuisances as they arise.

Significant enforcement costs, including but not limited to attorneys’ fees, are accrued as part of the City’s existing nuisance abatement efforts.

DISCUSSION:

This Ordinance amends Article 1 (Public Nuisance) of Chapter 6.14 and Section

The purpose of this Ordinance is to enhance the clarity, simplicity, and user- friendliness of Article 1 of Chapter 6.14 and Section 1.01.250 to make the City’s code enforcement efforts more efficient and effective. Additionally, this Ordinance is intended to modernize the Municipal Code’s nuisance abatement procedures, including provisions for the recovery of associated costs and expenses. The adoption and implementation of the procedures and standards set forth in the Ordinance for the identification and abatement of public nuisances, whether or not posing an immediate threat to public health and safety, is within the City’s power and authority to protect the public health, safety, and welfare of the City’s residents.

Additionally, Government Code sections 38773.1 and 38773.5 provide that a city may, by ordinance, provide for the recovery of nuisance abatement costs, including attorneys’ fees, in any action, administrative proceeding, or special proceeding to abate a nuisance. Public nuisances, as designated by the Lake Forest Municipal Code, occur regularly and require the City to take abatement action at significant cost and expense. The attorneys’ fees incurred by the City to abate public nuisances can be substantial and should be borne by the violator.

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FISCAL IMPACT:

The adoption of the Ordinance will result in increased enforcement savings to the City resulting from expedited nuisance abatement proceedings and the effective allocation of associated costs to the parties responsible for such nuisance violations.

ATTACHMENTS:

Attachment 1 – Draft Ordinance and Exhibit ”A” Redline of Lake Forest Municipal Code Updates.

Initiated By: Matthew Richardson, City Attorney
Submitted By: Gayle Ackerman, AICP, Director of Community Development Approved By: Debra Rose, City Manager
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6 ATTACHMENT 1
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6 ORDINANCE NO. __

AN ORDINANCE OF THE CITY COUNCIL OF THE

CITY OF LAKE FOREST, CALIFORNIA, AMENDING
ARTICLE 1 (PUBLIC NUISANCE) OF CHAPTER 6.14
(NUISANCES, GENERAL) OF TITLE 6 (HEALTH AND
SANITATION) AND SECTION 1.01.250 OF THE LAKE

FOREST MUNICIPAL CODE TO PROVIDE FOR

SUMMARY NUISANCE ABATEMENT PROCEDURES,
RECOVERY OF EXPENSES; AND MODIFYING THE

PROCESS FOR NOTICE, HEARING, AND APPEALS

REGARDING INVOLUNTARY ABATEMENT OF A
NUISANCE; AND DETERMINING THE ORDINANCE

TO BE EXEMPT FROM CEQA
WHEREAS, the City of Lake Forest (“City”) is authorized by California Constitution, Article XI, Section 7 to make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws; and
WHEREAS, the City Council believes that enforcement of the Lake Forest Municipal Code is a matter of local concern and serves important public purposes; and
WHEREAS, Government Code sections 38773.1 and 38773.5 provide that a city may, by ordinance, provide for the recovery of nuisance abatement costs, including attorneys’ fees, in any action, administrative proceeding, or special proceeding to abate a nuisance; and
WHEREAS, the City places a high value on protecting community character, land values, and the general public, health, safety and welfare, and has previously adopted numerous ordinances to help ensure such protection; and WHEREAS, public nuisances, as designated by the Lake Forest Municipal Code, occur regularly and require the City to take abatement action at significant cost and expense; and
WHEREAS, the City’s attorneys’ fees incurred to abate public nuisances can be substantial and should be borne by the violator; and Item: 17
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6 WHEREAS, the City provides in Article 1 of Chapter 6.14 of Title 6 and Section 1.01.250 of the Lake Forest Municipal Code certain nuisance abatement procedures for providing notice to property owners, for administrative abatement, for summary abatement, for hearings and appeals, and for cost recovery; and WHEREAS, these nuisance abatement and cost recovery provisions have not been updated by the City since 2007; and
WHEREAS, the City desires to update Article 1 of Chapter 6.14 of Title 6 and Section 1.01.250 of the Lake Forest Municipal Code, described particularly in this Ordinance No. __; and
WHEREAS, this Ordinance amends Article 1 of Chapter 6.14 and Section

1.01.250 as it relates to the procedures for providing notice to property owners, for administrative abatement, for summary abatement, for hearings and appeals, and for recovery of costs; and
WHEREAS, the purpose of this Ordinance is to generally enhance the clarity, simplicity, and user-friendliness of Article 1 of Chapter 6.14 and Section

1.01.250 in order to make the City’s code enforcement efforts more efficient and effective; and
WHEREAS, the purpose of this Ordinance is to further modernize the code enforcement and nuisance abatement tools to help protect the public health, safety and welfare, and to ensure cost recovery to the fullest extent as authorized by law; and
WHEREAS, the City Council finds that the adoption and implementation of the procedures and standards set forth below for the identification and abatement of public nuisances, whether or not posing an immediate threat to public health and safety, is within the City’s power and authority to protect the public health, safety, and welfare of the City’s residents; and
WHEREAS, all other legal prerequisites to the adoption of this Ordinance have occurred.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE FOREST DOES ORDAIN AS FOLLOWS:

SECTION 1. The City Council hereby finds and determines that the Recitals above are true and correct and incorporated herein.

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6 SECTION 2. The City Council finds that Ordinance No. __ is not subject to the California Environmental Quality Act (CEQA) because the Ordinance is not a CEQA “project” pursuant to State CEQA Guidelines section 15378(b)(5), which provides that organizational and administrative activities of governments that will not result in physical environmental impacts are not CEQA projects, and here the proposed amendments refine and clarify Municipal Code provisions and correct clerical errors. Further, the City Council finds that State CEQA Guidelines section 15061(b)(3) exempts those activities for which it can be seen with certainty that there is no potential to result in significant environmental effects. The Ordinance has no potential to result in physical change to the environment, directly or indirectly, as the Ordinance only provides for summary abatement procedures for nuisances and does not propose nor authorize any action that would have the potential to cause a physical change in the environment, directly or indirectly.

Further, the Ordinance has no potential to result in physical change to the environment, directly or indirectly, as the Ordinance merely removes the current requirement under the Municipal Code that involuntary abatement procedures have an automatic hearing. The City Council directs staff to file a notice of exemption within five days of the adoption of this Ordinance.

SECTION 3. Attached as Exhibit “A” to this Ordinance are the amendments provided herein displayed by Municipal Code section in underline (for additions) and strikethrough (for deletions) format.

SECTION 4. Article 250 (Nuisances – Recovery of abatement expenses) of Chapter 1.01 (General Provisions) of Title 1 (General Provisions) of the Lake Forest Municipal Code is hereby amended as set forth below:
“Section 1.01.250 Nuisances—Recovery of abatement expenses.

A. Whenever any person creating, causing, committing, or maintaining a public nuisance, as referred to in Section 1.01.240 of this chapter, or other public nuisance, as defined under State law or other ordinances or regulations, has been given notice, by or on behalf of the City Attorney or by any other City officer, employee, or policing agent authorized to give such notice, to abate such nuisance or cease and desist from continuing such nuisance or violation of law, and such person fails, refuses, or neglects to comply with the notice within the time specified therein, or if such a time is not specified, then within a time reasonably sufficient to enable such compliance, such noncomplying person shall be liable to the City for any and all costs and expenses to the City involved in thereafter abating the nuisance and in obtaining compliance with or enforcing the law as referred to or encompassed within said notice.

B. Costs and expenses, as referred to in subsection A of this section, may include, but are not limited to, any and all direct costs and expenses related to such things as personnel salaries and benefits, operational overhead, rent, interest, fees for experts or consultants, legal costs or expenses, including attorneys’ fees, claims Item: 17
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6 against the City arising as a consequence of the nuisance or violation, and procedures associated with collecting moneys due hereunder.

C.The provisions of subsection A of this section shall also apply to any person who received a notice, as specified therein, abated the nuisance or violation, but subsequently allowed or was responsible for a recurrence of the nuisance or violation.

D.The liability of any person for the payment of the costs and expenses provided for in subsection A of this section may be waived in whole or in part by the City Attorney in any case wherein he or she determines, in his or her sole discretion, that the failure or refusal of such persons to comply with the notice therein involved was based upon a good faith and bona fide issue of law or fact specially involved in the circumstances of the case. Any determination or decision of the City Attorney in this regard shall be final and conclusive and shall not be subject to appeal as prescribed in Chapter 2.04 of Title 2 of this Code.

E. Money due to the City pursuant to this section, including unpaid attorney fees, may be recovered in an appropriate civil action, or by making of the cost of abatement of a public nuisance which exists on a parcel of land a special assessment or lien against that parcel pursuant to Government Code Sections 38773 et seq. and 54988, and Article XI, Section 7 of the California Constitution.

F. A prevailing party in any judicial action, administrative proceeding, or special proceeding to abate, or cause the abatement of, a violation of this code or any public nuisance, or in any appeal or other judicial action arising therefrom, is entitled to recover reasonable attorney fees. Attorney fees are not recoverable by any party as a prevailing party unless the City elects in writing to seek recovery of the City’s attorney fees at the initiation of that individual action or proceeding. Failure to make such an election precludes any entitlement to, or award of, attorney fees in favor of any party.”
SECTION 5. Article 1 (Public Nuisance) of Chapter 6.14 (Nuisances, General) of Title 6 (Health and Sanitation) of the Lake Forest Municipal Code is hereby amended as set forth below:
“Title 6 HEALTH AND SANITATION Chapter 6.14 NUISANCES, GENERAL Article I. Public Nuisance

6.14.001 Purposes.

6.14.002 Public nuisances designated.

6.14.003 Responsibility for commencement of abatement proceedings.

6.14.004 Method of service.

6.14.005 Voluntary abatement.

6.14.006 Notice to abate.

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6 6.14.007 Right to appeal a notice to abate.

6.14.008 Hearing procedures.

6.14.009 Notice of decision.

6.14.010 Abatement of nuisance by City.

6.14.011 Emergency abatement of nuisance by City.

6.14.012 Notice of abatement costs.

6.14.013 Collection of costs as nuisance abatement lien.

6.14.014 Collection of costs as special assessment.

6.14.015 Owner responsibility.

6.14.016 Alternate actions.

6.14.001 Purposes.

A. In order to further the stated goals of the City and to protect its citizens and their property from conditions which are offensive or annoying to the senses, detrimental to property values and community appearance, or hazardous or injurious to the health, safety or welfare of the general public, the City Council has determined that this chapter pertaining to nuisance abatement is necessary to effectively abate or prevent the development of such conditions in the City of Lake Forest.

B. It is the intention of the City Council, in adopting the chapter codified herein, to set forth guidelines for determining what conditions constitute a public nuisance; to establish methods for giving notice of the conditions and an opportunity to correct them; and finally, in the event the public nuisance is not abated or corrected voluntarily or through alternative enforcement means, to provide a procedure for a hearing and determination of the facts and manner in which the conditions shall be corrected or removed.

C.It is the purpose of this chapter to provide a just, equitable, and practical method, in addition to any other remedy available at law or equity, whereby lands or buildings which are dilapidated, unsafe, dangerous, unsanitary, cluttered with weeds, debris, abandoned vehicles, machinery or equipment, or are a menace, or hazard to life, limb, safety, health, morals, property values, aesthetic standards, or the general welfare of the City, may be required to be repaired, renovated, vacated, demolished, made safe, or cleaned up by removal of offensive conditions.

D.It is the purpose of this chapter to provide a program for removal of graffiti from walls and structures on both public and private property and to provide regulations designed to prevent and control the further spread of graffiti within the City.

E. It is the purpose of this chapter to provide a program for the removal and/or abatement as public nuisances of abandoned, wrecked, dismantled, or inoperative vehicles or parts thereof from private or public property.

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6 F. In addition to the abatement procedures provided herein, this chapter declares certain conditions to be public nuisances and that maintenance of such conditions shall be a misdemeanor.

G.This chapter is not intended to enforce conditions, covenants and restrictions (“CC&Rs”) on property, nor to supersede them. This chapter will be enforced uniformly within the City regardless of CC&Rs. Therefore, this chapter does not abrogate the right of any homeowner’s association or private citizen to take action, legal or as otherwise provided in the CC&Rs, to force compliance with the CC&Rs applicable to their tract or association even though the CC&R provisions may be the same, more restrictive, or may not be covered by this chapter.

6.14.002 Public nuisances designated.

It is unlawful and declared to be a public nuisance for any person owning, leasing, occupying, or having charge or possession of any property within the City, to cause, permit, allow, or maintain the property in such a manner that any of the following conditions are found to exist thereon:

A. Any violation of any section of the Lake Forest Municipal Code, including any code adopted by reference;
B. Land, the topography or configuration of which, in any man-made state, whether as a result of grading operations, excavations, fill, or other alteration, interferes with the established drainage pattern over the property or from adjoining or other properties which does or may result in erosion, subsidence, or surface water drainage programs of such magnitude as to be injurious to public health, safety, and welfare or to neighboring properties;
C.Buildings or structures which are partially destroyed, boarded up abandoned or permitted to remain in a state of partial construction for more than six (6) months, or during any period of extension, after the expiration of a building permit;
D.The failure to secure and maintain from public access all doorways, windows and other openings into vacant or abandoned (not occupied or in use for any purpose, no maintenance applied to the structure or grounds) buildings or structures;
E. Painted buildings that require re-painting, and walls, retaining walls, fences or structures, or buildings, walls, fences or structures upon which the condition of the paint has become so deteriorated as to permit decay, excessive cracking, peeling, chalking, dry rot, warping or termite infestation;
F. Any building or structure, wall, fence, pavement, or walkway upon which any graffiti as defined in Section 6.14.101 of this Code, is allowed to remain for more than twenty-four (24) hours;
G.Broken windows;
H.Overgrown, dead, decayed or hazardous vegetation which:

1. May harbor rats, vermin, or other disease carriers;
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6 2. Is maintained so as to cause an obstruction to the public right-of-way, the vision of motorists or a hazardous condition to property, pedestrians or vehicle traffic;

3. Constitutes an unsightly appearance, or

4. Creates a danger or attractive nuisance to the public; I. Building exterior, roofs, grounds, walls, retaining and crib walls, fences, sidewalks or walkways which are maintained in such condition so as to become defective, unsightly or no longer viable, including through having a roof area covered with a tarpaulin or other temporary covering for a period of more than thirty (30) days; J. The accumulation of dirt, litter, feces or debris in doorways, adjoining sidewalks, parking lots, landscaped or other private outdoor areas visible to the public right-of-way;
K. Except where construction is occurring under a valid permit, lumber, junk, trash, garbage, salvage materials, rubbish, hazardous waste, refuse, rubble, broken asphalt or concrete, containers, commercial storage containers, broken or neglected machinery, furniture, appliances, sinks, fixtures or equipment, scrap metals, machinery parts, or other such material stored or deposited on property such that they are visible from a public street, alley, or neighboring property at or about the same grade;
L. Deteriorated driveways and parking lots, including those containing potholes, cracks or other deteriorated conditions;
M. Property in a condition of deterioration or disrepair, including the following:

1. abandoned, broken, unused objects or neglected equipment and machinery (e.g., refrigerators or other appliances, motor vehicles, any unsound structure, skateboard ramps, accumulated lumber, debris, trash, garbage).

3. any swimming pool, pond, spa, abandoned wells or other body of water, which is abandoned, unattended, or unfiltered.

4. unsecured and abandoned excavations, shafts, basements or other holes,

5. hoarding conditions in either the interior or the exterior of the property.

6. any conditions in this section which may be an attractive nuisance and dangerous to children;
N.Except where construction is occurring under a valid permit, storage or parking of the following upon any property exterior within a residential zone:

1. Construction equipment, supplies, materials, or machinery, or equipment, supplies, or materials of any type or description; or

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6 over twenty-two (22) feet long or seven (7) feet in height or ninety (90) inches wide;

3. For purposes of this section:
a. “Commercial vehicle” shall be defined as any motorized or non-motorized vehicle used or maintained to transport property or goods for profit, or persons for hire or
compensation. Any commercial vehicle, when used as the
primary source of transportation by the person owning,
leasing, occupying or having charge of any such vehicle, shall be excluded from the provisions of this subsection,
b. “Property exterior” shall be defined as the unenclosed exterior of private property adjacent to the public right-of-way, including, but not limited to, driveways and carports. Property exterior does not include the public street, highway, or any other public right-of-way;
O.Construction debris storage bins stored in excess of fifteen (15) days on a public street or any front or side yard setback area without the expressed approval of the Director of Community Development and/or the City Engineer; P. Refuse or trash or receptacles for refuse or trash placed so as to be visible from neighboring properties or streets, except for those times scheduled for collection, in accordance with the City’s adopted solid waste ordinance; Q.Any property with accumulations of grease, oil or other hazardous material on paved or unpaved surfaces, driveways, buildings, walls, or fences, or from which any such material flows or seeps on to any public street or other public or private property;
R.Any front yard, parkway, or landscaped setback area which lacks turf, other planted material, decorative rock, bark, or planted ground cover or covering; S. All structures, or portions thereof, occupied for cooking, dining, living, or sleeping, that were not designed or intended to be used for occupancy; T. Use of parked or stored recreational vehicles, as defined in Section

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6 upon any private property into or upon which the public is admitted by easement or license, or upon any private property without the consent of the owner, or in or upon any public park or any public property other than property designated or set aside for that purpose by the governing board or body having charge of that property; X. Any other condition declared by any State, County or City statute, code or regulation to be a public nuisance;
Y. Trailers, campers, boats or motor vehicles parked or stored on vacant property or in front yards of developed lots other than on an approved driveway; Z. Any business or other activity not consistent with all of the terms and conditions of all applicable zoning approvals and approved plans granted by the City; or
AA. Graffiti

6.14.003 Responsibility for commencement of abatement proceedings.

Whenever the Director of Community Development or his or her designee (hereinafter, “Director”) reasonably believes a public nuisance exists, he or she may commence abatement proceedings. The Director shall have responsibility for administrating and enforcing this chapter, abating such nuisances on any private property, and causing a written notice to be issued to abate such nuisance.

6.14.004 Method of service.

A. Where any provision of this section requires the service of any document, unless different provisions herein are otherwise specifically made, such notice may be given either by personal delivery to the person to be notified or by first-class mail, in a sealed envelope, postage prepaid, addressed to such person to be notified at his or her last known business or residence address as it appears in the public records or other records pertaining to the matter to which such notice is directed. Service by mail is deemed to have been completed at the time of deposit in the mail.

B. Failure of any person to receive a notice shall not affect the validity of any proceedings under this chapter.

6.14.0054 Voluntary abatement.

The responsible party may abate a nuisance at any time by rehabilitation, repair, removal or demolition. The Director must be advised of the abatement so the Director may inspect the premises to ensure that the nuisance has in fact been abated.

6.14.0065 Notice to abate.

A. When the Director determines that a violation of any provision of this chapter is occurring or exists, he or she may issue a written notice to any person responsible for the violation Any notice to abate issued pursuant to this section must contain the following information:

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6 1. The date and location of the violation;

2. The code section violated or and a description of the violation;

3. A description of actions required to correct the violation;

4. A reasonable compliance period in which to complete the nuisance abatement actions (with all required City approvals, permits and inspections, when applicable);

5. An explanation of the potential consequences of noncompliance with the notice; and

6. A statement of the period and manner in which an aggrieved party may contest the notice to abate as set forth in Section 6.14.007.

B. When the Director intends to abate a public nuisance by demolition of a building or structure, the City must comply with the following additional requirements:

1. The notice to abate must contain a statement that the City intends to abate the nuisance with City personnel or contractors by demolition of a building or structure if the nuisance conditions are not repaired, rehabilitated, removed, terminated, or demolished within the compliance deadline;

2. The City shall serve the notice to abate on all secured lienholders of record with the Orange County Recorder’s Office.

C.The notice to abate must be served on each responsible party in the manner required under Section 6.14.004.

D.The provisions of this section do not apply in cases involving emergency abatement.

6.14.0076 Form of notice Right to appeal a notice to abate.

A. An aggrieved party may contest a notice to abate by filing a written request for an appeal with the City Clerk’s office within 10 calendar days of service of the notice to abate. For the purposes of this chapter, “aggrieved party” means any person whose personal, pecuniary or property right or interest is directly and adversely affected, or upon whom a substantial burden or obligation is imposed by the action or decision appealed from.

B. A written request for an appeal must contain the following information:

1. Name, address, and telephone number of each responsible person who is appealing the compliance order (hereinafter, “appellant”);

2. Address of the real property;

3. Date of notice being appealed;

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6 5. Grounds for appeal in sufficient detail to enable the hearing officer to understand the nature of the controversy; and

6. The signature of the appellant.

C.Failure of the appellant to file a timely, proper appeal is a waiver of the right to appeal the compliance order or other notice issued under this chapter and is a waiver of the right to seek judicial review. In this event, the notice to abate is final and binding.

6.14.008 Hearing procedures.

A. The hearing on an appeal of a notice issued under this chapter will be conducted by a hearing officer in accordance with the procedures set forth in Chapter

1.12 of this Code.

B. At the hearing, the hearing officer will consider all relevant evidence from the City and appellant. The City bears the burden of proof to establish a nuisance exists by a preponderance of evidence. The issuance of a notice to abate constitutes prima facie evidence of the existence of a violation. Based upon the evidence so presented, the hearing officer must determine whether a public nuisance within the meaning of this chapter exists.

C.If the appellant fails to appear, the hearing officer may cancel the hearing.

A cancellation of a hearing due to non-appearance of the appellant constitutes the appellant’s waiver of the right to appeal and a failure to exhaust all administrative remedies. In such instances, the notice to abate is final and binding.

D.Where an appeal is filed as provided in this chapter, the compliance deadline set forth in the notice to abate is suspended pending the review of the determination by the hearing officer in the manner set forth in this chapter.

6.14.009 Notice of decision.

A. The decision of the hearing officer is final and conclusive.

B. The hearing officer must, within five (5) working days, send a copy of the written notice of decision to the appellant and City determining whether any nuisance condition exists at the subject property. If the hearing officer determines that each nuisance condition described in the notice to abate is nonexistent, the notice to abate is deemed cancelled. If a public nuisance is determined to exist, then the hearing officer must issue a written notice of decision that contains the following:

1. A finding and description of each nuisance condition existing at the subject property;

2. The required corrective action for each unabated nuisance condition;

3. An order to complete the required corrective action, including a compliance deadline;

4. Any other finding, determination or requirement that is relevant or related to the subject matter of the appeal;
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6 5. A statement that if the nuisance is not abated, it may be removed and abated by the City; and

6. The statement: “The decision of the hearing officer is final and binding. Judicial review of this decision is subject to the provisions and time limits set forth in California Code of Civil Procedure section 1094.6 et seq.”
C.The administrative order of the hearing officer is conclusive and is the final administrative decision of the City regarding the notice to abate. The notice of decision must be served in the manner required under Section 6.14.004.

6.14.010 Abatement of nuisance by City.

If the nuisance is not completely abated by the date specified in the notice to abate or in the hearing officer’s order in the event of an appeal, then the Director may immediately cause the same to be abated by City personnel or under private contract.

The City and its agents are expressly authorized to enter the premises for this purpose. A warrant or other order issued by a court of competent jurisdiction must be obtained before any entry if the nuisance cannot be inspected or abated without an intrusion into privacy.

6.14.011 Emergency abatement of nuisance by City.

A. Notwithstanding any other provision of this chapter with reference to the abatement of public nuisance, the Director has the authority to immediately cause the abatement of any public nuisance if it is determined that the nuisance presents an immediate threat to public health or safety, or an imminent hazard to real or personal property, in his or her sole discretion. Any such abatement activity may be conducted without observance of any notice requirements described in this chapter.

The City is entitled to recover all abatement costs incurred in the abatement of an imminent threat or hazard as set forth in this chapter.

B. Within 10 business days, or as soon as reasonably possible under the circumstances, following any summary abatement action by the City to abate an immediate threat to public health or safety, or imminent hazard to real or personal property, the City must provide the owner and any other responsible party with a notice of summary abatement.

C.The notice of summary abatement must be served in accordance with Section 6.14.004 and contain the following information:

1. A brief description of the condition and reasons why it constituted an imminent threat or hazard;

2. A brief description of the law prohibiting or pertaining to the imminent threat or hazard;

3. A brief description of the actions the City took to abate the imminent threat or hazard; and

4. A statement of the period and manner in which an aggrieved party may contest the notice.

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6 D.An aggrieved party may appeal the notice in accordance with the procedures set forth in Section 6.14.007 and Chapter 1.12, except that scope of the appeal is limited to whether the public nuisance constituted an imminent threat or hazard.

6.14.012 Notice of abatement costs
A. The owner of the premises and any other responsible party shall be liable to the City for all costs incurred by the City in abating a public nuisance or seeking to abate a public nuisance. City personnel must keep an account of all costs, including incidental expenses, of incurred by the City in connection with the abatement of a public nuisance by City personnel or private contract. For the purposes of this section, the terms “costs” and “incidental costs” include, but are not limited to, to the actual expenses and costs of the City in preparation of notices, specifications, and contracts, inspection of the work, and the cost of printing and mailings required under this chapter, and any attorney fees expended in the abatement of the nuisance, through civil action or otherwise.

B. The City must serve a written, itemized report of the nuisance abatement costs upon each person with a recorded interest in the subject property and any other responsible party providing notice of the costs and demanding payment. The notice of abatement costs must contain the following:

1. A demand for timely, full payment of the costs to the City within 45 calendar days of the date of service;

2. A statement that any unpaid amounts may become a lien and special assessment against the property; and

3. A statement that the person so charged may file an appeal with the City Clerk, within 10 days as set forth in Section 1.12.060.

C.The person so charged may file an appeal with the City Clerk, as set forth in Chapter 1.12. If the notice of abatement costs is appealed, the same procedures as specified in Chapter 1.12 apply, except that scope of the appeal is limited to the appropriateness of the amount of the abatement costs, and the hearing officer’s decision, may only confirming, discharge or modifying the amount of costs. The confirmed abatement costs must be tendered to the City within 30 calendar days of the date of service of the hearing officer’s decision. The City may thereafter proceed to collect its abatement costs in any manner allowed by law. The failure of any person who has been properly served with notice pursuant to this section to is a waiver of the right to contest the report, a waiver of the right to a hearing, a failure to exhaust administrative remedies, and a bar to any further challenge to the City’s invoice and nuisance abatement costs.

6.14.013 Collection of costs as nuisance abatement lien.

A. Pursuant to Section 38773.1 of the Government Code, the City may recover its abatement and related administrative costs by a nuisance abatement lien against the property on which the nuisance was abated. If the nuisance abatement costs are upheld, in full or in part, by the hearing officer, or if the time for requesting a hearing has elapsed and the itemized report of abatement costs has not been paid in full Item: 17
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6 within the time designated by this chapter, then the City may record a lien against the nuisance property for any unpaid amount.

B. Before recording a lien, the City must serve notice of the lien in the manner required under Section 6.14.004 on all persons with a recorded interest in the subject property. In addition, the owner of record must be served in accordance with Government Code section 38773.1(b).

C.The nuisance abatement lien must be recorded in the office of the Orange County, Recorder; and from the date of recording, the nuisance abatement lien shall have the force, effect, and priority of a judgment lien, and shall continue in effect until discharged by the City. The lien may carry such additional administrative charges as set forth by resolution of the City Council.

D.The nuisance abatement lien recorded pursuant to this subsection shall identify the City as the agency for whose benefit the lien is established, the amount of the lien, the date of the order for abatement of the nuisance the address, legal description, and assessor’s parcel number of the property on which the lien is imposed, and the name and address of the recorded owner of the property.

E. The nuisance abatement lien may be foreclosed by an action brought by the City for a money judgment. All costs and expenses relating to the processing, recording and enforcement of the abatement lien, including recording fees, noticing costs and attorney fees shall be added to the amount of the lien and shall be secured thereby.

F.Upon payment or other satisfaction of the abatement lien, a notice of release must be prepared and recorded by the City Clerk. 6.14.014 Collection of costs as special assessment.

A. As an alternative to any other lien described in this section or authorized by law, pursuant to Section 38773.5 of the Government Code, if the nuisance abatement costs are upheld, in full or in part, by the hearing officer, or if the time for requesting a hearing has elapsed and the itemized report of abatement costs has not been paid in full within the time designated by this chapter, the City may levy a special assessment against the real property on which the violation occurred.

B. Before levying a special assessment, a notice of special assessment must be served upon all persons or entities with a recorded interest in the subject property in the manner required under Section 6.14.004 at the time the assessment is imposed the owner of the property if the property owner's identity can be determined from the County Assessor's or County Recorder's records, by certified mail not less than ten (10) days prior to the time set for hearing. In addition, the owner of record must be served in accordance with Government Code section 38773.5. The notice must specify that the property may be sold after three years by the Tax Collector for unpaid delinquent assessments.

C.The notice of special assessment is entitled to recordation with the Orange County Recorder’s Office. A copy of the notice of special assessment must be transmitted to the County Tax Assessor and Tax Collector, whereupon the Tax Assessor and Tax Collector shall add the amount of the special assessment on the Item: 17
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6 next regular bill for real estate taxes levied against the property identified in the notice of special assessment. Thereafter, the special assessment shall be collected at the same time and in the same manner as ordinary municipal taxes are collected and shall be subject to the same penalties and the same procedure and sale in the case of delinquency as provided by law for ordinary municipal taxes. After recordation, the special assessment may be foreclosed on as a lien in the manner and means provided by law.

6.14.015 Owner responsibility.

The owner of any premises within the City has the primary responsibility for keeping said premises free of public nuisances. Tenants and occupants of the premises, for the purposes of this chapter, shall be deemed to be the agents of the owner.

6.14.016 Alternate actions.

Nothing in this chapter shall be deemed to prevent the City from commencing a civil or criminal proceeding to abate a public nuisance or from pursuing any other means or remedies available to it under provisions of applicable ordinances, State law, or equity to correct hazards or deficiencies in real property in addition to or as alternatives to the proceedings set forth herein.

SECTION 6. Section 1.01.250 (Nuisances—Recovery of Abatement Expenses) of Chapter 1.01 (General Provision) of Title 1 (General Provisions) of the Lake Forest Municipal Code is hereby amended as set forth below:
“Section 1.01.250 Nuisances—Recovery of abatement expenses.

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6 C.The provisions of subsection A of this section shall also apply to any person who received a notice, as specified therein, abated the nuisance or violation, but subsequently allowed or was responsible for a recurrence of the nuisance or violation.

F. A prevailing party in any judicial action, administrative proceeding, or special proceeding to abate, or cause the abatement of, a violation of this code or any public nuisance, or in any appeal or other judicial action arising therefrom, is entitled to recover reasonable attorney fees. Attorney fees are not recoverable by any party as a prevailing party unless the City elects in writing to seek recovery of the City’s attorney fees at the initiation of that individual action or proceeding. Failure to make such an election precludes any entitlement to, or award of, attorney fees in favor of any party.”
SECTION 7. The City Council’s actions are made upon review of the Staff Report, all oral and written comments, and the documentary evidence presented on the Ordinance. All existing provisions of the Lake Forest Municipal Code that are repeated herein are repeated only to aid decision-makers and the public in understanding the effect of the proposed changes. Restatement of existing provisions does not constitute a new enactment.

SECTION 8. If any section, subdivision, sentence, clause, phrase, or portion of this Ordinance for any reason is held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.

SECTION 9. The documents and materials associated with this Ordinance that constitute the record of proceedings on which the City Council’s findings and Item: 17
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6 determinations are based are located at Lake Forest City Hall, 100 Civic Center Drive, Lake Forest, California 92630. The City Clerk is the custodian of the record of proceedings.

SECTION 10. The City Clerk shall certify as to the adoption of this Ordinance and shall cause a summary thereof to be published within fifteen (15) days of the adoption and shall post a Certified copy of this Ordinance, including the vote for and against the same, in the Office of the City Clerk, in accordance with Government Code Section 36933.

PASSED, APPROVED, AND ADOPTED this ______ day of __________, 2022. _________
ROBERT PEQUEÑO
MAYOR
ATTEST:

LISA BERGLUND, MPA

CITY CLERK
APPROVED AS TO FORM:

MATTHEW E. RICHARDSON

CITY ATTORNEY
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6 COUNTY OF ORANGE ) SS

CITY OF LAKE FOREST )
I, Lisa Berglund, City Clerk of the City of Lake Forest, California, do hereby certify that the foregoing Ordinance No. ____ was duly introduced and placed upon its first reading at a regular meeting of the City Council on the _____ day of _______, 2022, and thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the _____ day of ______, 2022, by the following vote, to wit:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

LISA BERGLUND, MPA

CITY CLERK
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6 EXHIBIT “A”

REDLINE OF LAKE FOREST MUNICIPAL CODE UPDATES
(continued on next page)
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6 Section 1.01.250
“Section 1.01.250 Nuisances—Recovery of abatement expenses.

G.Whenever any person creating, causing, committing, or maintaining a public nuisance, as referred to in Section 1.01.240 of this chapter, or other public nuisance, as defined under State law or other ordinances or regulations, has been given notice, by or on behalf of the City Attorney or by any other City officer, employee, or policing agent authorized to give such notice, to abate such nuisance or cease and desist from continuing such nuisance or violation of law, and such person fails, refuses, or neglects to comply with the notice within the time specified therein, or if such a time is not specified, then within a time reasonably sufficient to enable such compliance, such noncomplying person shall be liable to the City for any and all costs and expenses to the City involved in thereafter abating the nuisance and in obtaining compliance with or enforcing the law as referred to or encompassed within said notice.

H.Costs and expenses, as referred to in subsection A of this section, may include, but are not limited to, any and all direct costs and expenses related to such things as personnel salaries and benefits, operational overhead, rent, interest, fees for experts or consultants, legal costs or expenses, including attorneys’ fees, claims against the City arising as a consequence of the nuisance or violation, and procedures associated with collecting moneys due hereunder.

I. The provisions of subsection A of this section shall also apply to any person who received a notice, as specified therein, abated the nuisance or violation, but subsequently allowed or was responsible for a recurrence of the nuisance or violation.

J. The liability of any person for the payment of the costs and expenses provided for in subsection A of this section may be waived in whole or in part by the City Attorney in any case wherein he or she determines, in his or her sole discretion, that the failure or refusal of such persons to comply with the notice therein involved was based upon a good faith and bona fide issue of law or fact specially involved in the circumstances of the case. Any determination or decision of the City Attorney in this regard shall be final and conclusive and shall not be subject to appeal as prescribed in Chapter 2.04 of Title 2 of this Code.

K. Money due to the City pursuant to this section, including unpaid attorney fees, may be recovered in an appropriate civil action, or by making of the cost of abatement of a public nuisance which exists on a parcel of land a special assessment or lien against that parcel pursuant to Government Code Sections 38773 et seq. and 54988, and Article XI, Section 7 of the California Constitution.

L. A prevailing party in any judicial action, administrative proceeding, or special proceeding to abate, or cause the abatement of, a violation of this code or any public nuisance, or in any appeal or other judicial action arising therefrom, is entitled to recover reasonable attorney fees. Attorney fees are not recoverable by any party as a prevailing party unless the City elects in writing to seek recovery of the City’s attorney fees at the initiation of that individual action or proceeding. Failure to Item: 17
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6 make such an election precludes any entitlement to, or award of, attorney fees in favor of any party.”
Title 6, Chapter 6.14, Article 1
Article 1 of Chapter 6.14 of Title 6 of the Lake Forest Municipal Code is hereby amended as set forth below:
“Title 6 HEALTH AND SANITATION Chapter 6.14 NUISANCES, GENERAL Article I. Public Nuisance

6.14.001 Purposes.

6.14.002 Public nuisances designated.

6.14.003 Responsibility for commencement of abatement proceedings.

6.14.004 Method of service.

6.14.0045 Voluntary abatement.

6.14.0056 Involuntary abatement Notice to abate.

6.14.0067 Right to appeal a notice to abate Form of notice.

6.14.0078 Hearing procedures.

6.14.0089 Order of abatement Notice of decision.

6.14.010 Abatement of nuisance by City.

6.14.011 Emergency abatement of nuisance by City Cost accounting— Notification.

6.14.012 Assessment lien Notice of abatement costs.

6.14.013 Collection of costs as nuisance abatement lien Owner responsibility.

6.14.014 Collection of costs as special assessment Alternate actions.

6.14.015 Owner responsibility.

6.14.016 Alternate actions.

6.14.001 Purposes.

B. It is the intention of the City Council, in adopting the chapter codified herein, to set forth guidelines for determining what conditions constitute a public nuisance; Item: 17
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6 to establish methods for giving notice of the conditions and an opportunity to correct them; and finally, in the event the public nuisance is not abated or corrected voluntarily or through alternative enforcement means, to provide a procedure for a hearing and determination of the facts and manner in which the conditions shall be corrected or removed.

F. In addition to the abatement procedures provided herein, this chapter declares certain conditions to be public nuisances and that maintenance of such conditions shall be a misdemeanor.

6.14.002 Public nuisances designated.

It is unlawful and a misdemeanor subject to punishment in accordance with Section 1.01.200 of this Code, and it is declared to be a public nuisance, for any person owning, leasing, occupying, or having charge or possession of any property within the City, to cause, permit, allow, or maintain such the property in such a manner that any of the following conditions are found to exist thereon:

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6 C.Buildings or structures which are partially destroyed, boarded up abandoned or permitted to remain in a state of partial construction for more than six (6) months, or during any period of extension, after the expiration of a building permit; D.The failure to secure and maintain from public access all doorways, windows and other openings into vacant or abandoned (not occupied or in use for any purpose, no maintenance applied to the structure or grounds) buildings or structures;
E. Painted buildings that require re-painting, and walls, retaining walls, fences or structures, or buildings, walls, fences or structures upon which the condition of the paint has become so deteriorated as to permit decay, excessive cracking, peeling, chalking, dry rot, warping or termite infestation;
F. Any building or structure, wall, fence, pavement, or walkway upon which any graffiti as defined in Section 6.14.101 of this Code, is allowed to remain for more than twenty-four (24) hours;
G.Broken windows;
H.Overgrown, dead, decayed or hazardous vegetation which:

1. May harbor rats, vermin, or other disease carriers,;

2. Is maintained so as to cause an obstruction to the public right-of-way, the vision of motorists or a hazardous condition to property, pedestrians or vehicle traffic,;

3. Constitutes an unsightly appearance,; or

4. Creates a danger or attractive nuisance to the public; I. Building exterior, roofs, , grounds, walls, retaining and crib walls, fences, sidewalks or walkways which are maintained in such condition so as to become defective, unsightly or no longer viable, including through having a roof area covered with a tarpaulin or other temporary covering for a period of more than thirty (30) days; J. The accumulation of dirt, litter, feces or debris in doorways, adjoining sidewalks, parking lots, landscaped or other private outdoor areas visible to the public right-of-way;
K. Except where construction is occurring under a valid permit, lumber, junk, trash, garbage, salvage materials, rubbish, hazardous waste, refuse, rubble, broken asphalt or concrete, containers, commercial storage containers, broken or neglected machinery, furniture, appliances, sinks, fixtures or equipment, scrap metals, machinery parts, or other such material stored or deposited on property such that they are visible from a public street, alley, or neighboring property at or about the same grade;
L. Deteriorated driveways and parking lots, including those containing pot holes, cracks or other deteriorated conditions;
M. Property in a condition of deterioration or disrepair, including the following:

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6 1. abandoned, broken, unused objects or neglected equipment and machinery(e.g., refrigerators or other appliances, motor vehicles, any unsound structure, skateboard ramps, accumulated lumber, debris, trash, garbage.

3. any swimming pool, pond, spa, abandoned wells or other body of water, which is abandoned, unattended, or unfiltered.

4. unsecured and abandoned excavations, shafts, basements or other holes,

5. hoarding conditions in either the interior or the exterior of the property.

1. Construction equipment, supplies, materials, or machinery, or equipment, supplies, or materials of any type or description; or

2. Buses, tow trucks, dump trucks, flatbed trucks, grading equipment, tractors, tractor trailers, truck trailers, or any other commercial vehicle over twenty-two (22) feet long or seven (7) feet in height or ninety (90) inches wide;

3. For purposes of this section:
a. “Commercial vehicle” shall be defined as any motorized or non-motorized vehicle used or maintained to transport property or goods for profit, or persons for hire or
compensation. Any commercial vehicle, when used as the
primary source of transportation by the person owning,
leasing, occupying or having charge of any such vehicle, shall be excluded from the provisions of this subsection,
b. “Property exterior” shall be defined as the unenclosed exterior of private property adjacent to the public right-of-way, including, but not limited to, driveways and carports. Property exterior does not include the public street, highway, or any other public right-of-way;
O.Construction debris storage bins stored in excess of fifteen (15) days on a public street or any front or sideyard side yard setback area without the expressed approval of the Director of Community Development and/or the City Engineer; P. Refuse or trash or receptacles for refuse or trash placed so as to be visible from neighboring properties or streets, except for those times scheduled for collection, in accordance with the City’s adopted solid waste ordinance; Q.Any property with accumulations of grease, oil or other hazardous material on paved or unpaved surfaces, driveways, buildings, walls, or fences, or from which Item: 17
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6 any such material flows or seeps on to any public street or other public or private property;
R.Any front yard, parkway, or landscaped setback area which lacks turf, other planted material, decorative rock, bark, or planted ground cover or covering; S. All structures, or portions thereof, occupied for cooking, dining, living, or sleeping, that were not designed or intended to be used for occupancy; T. Use of parked or stored recreational vehicles, as defined in Section

12.16.040 of this Municipal Code, as temporary or permanent living space; U.Animals, livestock, poultry or bees kept, bred or maintained for any purpose and in violation of any provision of this Code, or any “pest breeding hazard” as that term is defined in Section 6.28.010 of this Code;
V. Any habitation which is overcrowded, as defined by the Uniform Housing Code and/or any local amendments thereto adopted by the City, or which lacks adequate ventilation, sanitation or plumbing facilities, or which constitutes a fire hazard;
W. Except where construction is occurring under a valid permit, the placing, depositing, or dumping of rocks, dirt, or waste matter in or upon any public or private highway or road, including any portion of the right-of-way thereof, or in or upon any private property into or upon which the public is admitted by easement or license, or upon any private property without the consent of the owner, or in or upon any public park or any public property other than property designated or set aside for that purpose by the governing board or body having charge of that property; X. Any other condition declared by any State, County or City statute, code or regulation to be a public nuisance;
Y. Trailers, campers, boats or motor vehicles parked or stored on vacant property or in front yards of developed lots other than on an approved driveway; Z. Any business or other activity not consistent with all of the terms and conditions of all applicable zoning approvals and approved plans granted by the city; AA. Graffiti.

6.14.003 Responsibility for Ccommencement of abatement proceedings.

Whenever the Director of Community Development or his or her designee (hereinafter, “Ddirector”) or duly authorized agent or representative reasonably believes a public nuisance exists, he or she may commence abatement proceedings.

The Director shall have responsibility for administrating and enforcing this chapter, abating such nuisances on any private property, and causinge a written notice to be issued to abate such nuisance.

A. The notice shall contain a description of the property in general terms reasonably sufficient to identify the location of the property. It shall refer to this section and the violations) of this Code at issue, and shall direct compliance by removal or correction of the condition which is in violation of the provisions of this Code within a minimum of seven (7) calendar days and a maximum of thirty (30) calendar days from Item: 17
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6 the date of the notice. The notice shall further describe the consequences of failure to comply as prescribed in this section.The notice shall be served on the owner or agent and the person in possession of the property by registered or certified mail, return receipt requested. Delivery by first-class mail shall be used when delivery by registered or certified mail is refused. Such notice by mail shall be sufficient for purposes of this chapter.

B. Failure of any person to receive a notice shall not affect the validity of any proceedings under this chapter.

6.14.004 Method of service.

C. Where any provision of this section requires the service of any document, unless different provisions herein are otherwise specifically made, such notice may be given either by personal delivery to the person to be notified or by first-class mail, in a sealed envelope, postage prepaid, addressed to such person to be notified at his or her last known business or residence address as it appears in the public records or other records pertaining to the matter to which such notice is directed. Service by mail is deemed to have been completed at the time of deposit in the mail.

D.Failure of any person to receive a notice shall not affect the validity of any proceedings under this chapter.

6.14.0054 Voluntary abatement.

The owner, lease holder, tenant or occupant having charge of any building, structure or property alleged to be a public nuisance as set forth above, responsible party may abate said a nuisance at any time within the abatement period by rehabilitation, repair, removal or demolition. The Director/designee must shall be advised of the abatement and shall so the Director may inspect the premises to ensure that the nuisance has in fact been abated.

6.14.0065 Involuntary abatement Notice to abate.

Upon failure of the owner or his/her agent or the person in possession of the property to remove or correct the conditions described in the notice by the date specified, the Director shall cause a hearing to be held to determine whether said building, structure or property is being maintained in such a manner so as to constitute a public nuisance. The Director shall give not less than seven (7) days’ written notice of the hearing to the owner(s) of the affected properties as shown on the latest equalized tax assessment roll by mailing the same to the addresses as indicated thereon, to any persons holding permits to the applicable property, building, or structure, and further, within the same time period, by conspicuously posting on the affected property, building, or structure a copy of the notice. Notice may also be served on the holder of any mortgage or deed of trust or other lien or encumbrance of record; the owner or holder of any lease of record; and the holder of any other state of legal interest of record of the building or structure, or the land on which it is located.

B. When the Director determines that a violation of any provision of this chapter is occurring or exists, he or she may issue a written notice to abate , a cease and desist order, or such other order to any person responsible for the violation The Item: 17
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6 notice shall indicate the nature of the alleged public nuisance, a description of the property involved, and the designation of the time and place of the hearing to determine whether the same constitutes a public nuisance, and the manner of the proposed abatement if the same is found to be a public nuisance. Any notice to abate issued pursuant to this section must contain the following information:

7. The date and location of the violation;

8. The code section violated or and a description of the violation;

9. A description of actions required to correct the violation;

10.A reasonable compliance period in which to complete the nuisance abatement actions (with all required City approvals, permits and inspections, when applicable);

11.An explanation of the potential consequences of noncompliance with the notice; and

12.A statement of the period and manner in which an aggrieved party may contest the notice to abate as set forth in Section 6.14.007.

E. When the Director intends to abate a public nuisance by demolition of a building or structure, the City must comply with the following additional requirements:

2. The City shall serve the notice to abate on all secured lienholders of record with the Orange County Recorder’s Office.sectio
F. The notice and order of abatement to abate shall must be served on each responsible party on every party by registered or certified mail. Delivery by first-class mail shall be used when delivery by registered or certified mail is refused in the manner required under Section 6.14.004.

G.The provisions of this section do not apply in cases involving emergency abatement.

B. The failure of any person to receive this notice shall not affect the validity of any proceedings under this chapter.

Nothing hereby shall prevent any property owner or other interested person from abating the nuisance prior to the time of the hearing and notifying the City of the same. Upon confirmation by the City that the nuisance has been abated, the need for the hearing shall be deemed terminated

6.14.0076 Form of notice Right to appeal a notice to abate.

D.An aggrieved party may contest a notice to abate by filing a written request for an appeal with the City Clerk’s office within 10 calendar days of service of the notice to abate. For the purposes of this chapter, “aggrieved party” means any person Item: 17
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6 whose personal, pecuniary or property right or interest is directly and adversely affected, or upon whom a substantial burden or obligation is imposed by the action or decision appealed from.

E. A written request for an appeal must contain the following information:

1. Name, address, and telephone number of each responsible person who is appealing the compliance order (hereinafter, “appellant”);

2. Address of the real property;

3. Date of notice being appealed;

4. The specific action, decision, or issue being appealed;

5. Grounds for appeal in sufficient detail to enable the hearing officer to understand the nature of the controversy; and

6. The signature of the appellant.

F. Failure of the appellant to file a timely, proper appeal is a waiver of the right to appeal the compliance order or other notice issued under this chapter and is a waiver of the right to seek judicial review. In this event, the notice to abate is final and binding.

The notice given shall be provided in substantially the following format:

NOTICE OF HEARING ON ABATEMENT OF PUBLIC NUISANCE
A hearing will be held at City Hall, 100 Civic Center Drive, Lake Forest, CA 92630, before the City of Lake Forest Hearing Officer, to determine whether the premises at _______________________ constitutes a public nuisance.

The conditions asserted to constitute a public nuisance include the following:

A hearing may be avoided if the following corrections are made at least two (2) calendar days before the date set for the hearing:

If it is determined that the conditions on the property constitute a public nuisance, the following abatement action may be taken by the City if the owner has not taken corrective action within five (5) days after the hearing officer’s determination:

If abatement action is taken by the City, all costs of the abatement will be assessed against the property and will attach as a lien against the property until paid.

All persons having an interest in this matter may attend the hearing and give testimony and evidence, which will be given due consideration by the hearing officer.

Call (949) 461-3400 for questions regarding this notice.

6.14.0087 Hearing procedures.

E. The hearing to determine whether a public nuisance exists shall on an appeal of a notice issued under this chapter will be conducted by a hHearing oOfficer in accordance with the procedures set forth in Chapter 1.12 of this Code.

F. At the hearing, the hHearing oOfficer shall will consider all relevant evidence from the City and appellant, including but not limited to applicable staff Item: 17
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6 reports. The City bears the burden of proof to establish a nuisance exists by a preponderance of evidence. The issuance of a notice to abate constitutes prima facie evidence of the existence of a violation. He/she shall give any interested person the reasonable opportunity to be heard in conjunction therewith. Based upon the evidence so presented, the hHearing oOfficer shall must determine whether a public nuisance within the meaning of this chapter exists.

G.If the appellant fails to appear, the hearing officer may cancel the hearing.

H.Where an appeal is filed as provided in this chapter, the compliance deadline set forth in the notice to abate is suspended pending the review of the determination by the hearing officer in the manner set forth in this chapter.

6.14.0098 Order of abatement Notice of decision.

D.The decision of the hHearing oOfficer shall be is final and conclusive.

E. The hHearing oOfficer shall must, within five (5) working days, send a copy of the written notice of decision by certified or registered mail to the owner, by regular first-class mail to all other persons and entities who received notice of the original hearing, and to any other person requesting the same appellant and City determining whether any nuisance condition exists at the subject property. If the hearing officer determines that each nuisance condition described in the notice to abate is nonexistent, the notice to abate is deemed cancelled. If a public nuisance is determined to exist, Tthen the hearing officer must issue a written notice of decision that contains the following: shall contain an order of abatement, if a public nuisance is determined to exist, directed to the owner of the affected property or the person in control and/or charge of the property, and shall set forth the nature of the nuisance, its location and the time and manner for its abatement.

1. A finding and description of each nuisance condition existing at the subject property;

2. The required corrective action for each unabated nuisance condition;

3. An order to complete the required corrective action, including a compliance deadline;

4. Any other finding, determination or requirement that is relevant or related to the subject matter of the appeal;

5. A statement that if the nuisance is not abated, it may be removed and abated by the City; and

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6 F. The administrative order of the hearing officer is conclusive and is the final administrative decision of the City regarding the notice to abate. The notice of decision must be served in the manner required under Section 6.14.004. Where an appeal is filed as provided in this chapter, the order of abatement shall be suspended pending the review of the determination in the manner set forth in this chapter.

6.14.010 Abatement of nuisance by City.

If the nuisance is not completely abated by the date specified in the notice to abate or in the Hhearing oOfficer’s order in the event of an appeal, as appropriate, then the City Manager Director may immediately cause the same to be abated by City personnel or under private contract. The City and its agents are expressly authorized to enter the premises for this purpose. A warrant or other order issued by a court of competent jurisdiction must be obtained before any entry if the nuisance cannot be inspected or abated without an intrusion into privacy.

6.14.011 Emergency abatement of nuisance by City.

E. Notwithstanding any other provision of this chapter with reference to the abatement of public nuisance, the Director has the authority to immediately cause the abatement of any public nuisance if it is determined that the nuisance presents an immediate threat to public health or safety, or an imminent hazard to real or personal property, in his or her sole discretion. Any such abatement activity may be conducted without observance of any notice requirements described in this chapter.

The City is entitled to recover all abatement costs incurred in the abatement of an imminent threat or hazard as set forth in this chapter.

F. Within 10 business days, or as soon as reasonably possible under the circumstances, following any summary abatement action by the City to abate an immediate threat to public health or safety, or imminent hazard to real or personal property, the City must provide the owner and any other responsible party with a notice of summary abatement.

G.The notice of summary abatement must be served in accordance with Section 6.14.004 and contain the following information:

1. A brief description of the condition and reasons why it constituted an imminent threat or hazard;

2. A brief description of the law prohibiting or pertaining to the imminent threat or hazard;

3. A brief description of the actions the City took to abate the imminent threat or hazard; and

4. A statement of the period and manner in which an aggrieved party may contest the notice.

H.An aggrieved party may appeal the notice in accordance with the procedures set forth in Section 6.14.007 and Chapter 1.12, except that scope of the appeal is limited to whether the public nuisance constituted an imminent threat or hazard. The Hearing Officer is authorized to grant reasonable extensions on the time period for abatement based on a proper showing by the property owner of Item: 17
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6 extenuating circumstances, made before the date of City abatement. The owner of the premises shall be liable to the City for all costs of such abatement, including attorneys’ fees incurred by the City in connection with abatement of the nuisance

6.14.0121 Notice of abatement costs Cost accounting—Notification.

D.The owner of the premises and any other responsible party shall be liable to the City for all costs of such abatement incurred by the City in abating a public nuisance or seeking to abate a public nuisance, including attorneys’ fees incurred by the City in connection with abatement of the nuisance. City personnel, or any private contractor authorized to abate the nuisance, shall must keep an account of the all costs, including incidental expenses, of incurred by the City in connection with the abatement of a public nuisance by City personnel or private contract. For the purposes of this section, the terms “costs” and “incidental costs” include, but are not limited to, to the actual expenses and costs of the City in preparation of notices, specifications, and contracts, inspection of the work, and the cost of printing and mailings required under this chapter, and any attorney fees expended in the abatement of the nuisance, through civil action or otherwise.

E. The City all abatement work performed on each separate lot or parcel of land where work is done and shall must server ender an written, itemized report in writing of the nuisance abatement costs to upon each person with a recorded interest in the subject property the and any other responsible party providing notice of the costs and demanding payment City Council showing the total cost of abatement by rehabilitation, demolition, or repair of the property, buildings, or structure, including any salvage value relating thereto. The notice of abatement costs must contain the following:

1. A demand for timely, full payment of the costs to the City within 45 calendar days of the date of service;

2. A statement that any unpaid amounts may become a lien and special assessment against the property; and

3. A statement that the person so charged may file an protest appeal with the City Clerk, within 10 days as set forth in Section 1.12.060.

F. The person so charged may file an protest appeal with the City Clerk, as set forth in Chapter 1.12. If the notice of abatement costs is appealed, the same procedures as specified in Chapter 1.12 apply, except that scope of the appeal is limited to the appropriateness of the amount of the abatement costs, and Tthe hearing Board officer’s decision, after the hearing, may only adopt a statement confirming, dischargeing or modifying the amount of costs. The confirmed abatement costs must be tendered to the City within 30 calendar days of the date of service of the hearing officer’s decision. The City may thereafter proceed to collect its abatement costs in any manner allowed by law. The failure of any person who has been properly served with notice pursuant to this section to appear at the protest hearing shallfile an appeal constitute is a waiver of the right to contest the report, a waiver of the right to a hearing, a failure to exhaust administrative remedies, and a bar to any further challenge to the City’s invoice and nuisance abatement costs. A Item: 17
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6 copy of the report shall be posted at the City Hall or other official location for posting City notices for at least five (5) days before it is considered by the City Council. Proof of posting shall be made by affidavit of the City Clerk or Deputy City Clerk. The term “incidental expenses” includes but is not limited to the actual expenses and costs of the City in preparation of notices, specifications, and contracts, inspection of the work, and the cost of printing and mailings required under this chapter, and any attorney fees expended in the abatement of the nuisance, through civil action or otherwise. The City Attorney shall be responsible for keeping an accounting of attorney fees and costs and transmitting the same to the Director.

6.14.0132 Assessment Collection of costs as nuisance abatement lien.

G.Pursuant to Section 38773.1 of the Government Code, the City may recover its abatement and related administrative costs by a nuisance abatement lien against the property on which the nuisance was abated The total cost for abatement of the nuisance, as confirmed by the City Council, shall constitute a special assessment against the lot or parcel of land to which it relates and, upon recordation in the office of the County recorder of the County of Orange of a notice of lien, shall constitute a lien on the property for the amount of the assessment. If the nuisance abatement costs are upheld, in full or in part, by the hearing officer, or if the time for requesting a hearing has elapsed and the itemized report of abatement costs has not been paid in full within the time designated by this chapter, then the City may record a lien against the nuisance property for any unpaid amount.

H.Before recording a lien, the City must serve notice of the lien in the manner required under Section 6.14.004 on all persons with a recorded interest in the subject property. In addition, the owner of record must be served in accordance with Government Code section 38773.1(b).

I. The nuisance abatement lien must be recorded in the office of the Orange County, Recorder;, and from the date of recording, the nuisance abatement lien shall have the force, effect, and priority of a judgment lien, and shall continue in effect until discharged by the City. The lien may carry such additional administrative charges as set forth by resolution of the City Council.

J. The nuisance abatement lien recorded pursuant to this subsection shall identify the City as the agency for whose benefit the lien is established, the amount of the lien, the date of the order for abatement of the nuisance, the date of the order for collection of abatement costs, the address, legal description, and assessor’s parcel number of the property on which the lien is imposed, and the name and address of the recorded owner of the property.

K. The nuisance abatement lien may be foreclosed by an action brought by the City for a money judgment. All costs and expenses relating to the processing, recording and enforcement of the abatement lien, including recording fees, noticing costs and attorney fees shall be added to the amount of the lien and shall be secured thereby.

L. Upon payment or other satisfaction of the abatement lien, a notice of release must be prepared and recorded by the City Clerk. After confirmation and Item: 17
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6 recordation, a copy of the notice of lien may be turned over to the Tax Collector to add the amounts of the assessments to the next regular tax bill levied against the respective lots and parcels of land. Thereafter the assessment amounts shall be collected at the same time and in the same manner as ordinary property taxes are collected and shall be subject to the same penalties and the same procedure for foreclosure and sale in case of delinquency as provided for ordinary property taxes.

After recordation, the lien may be foreclosed by judicial or other sale in the manner and means provided by law. The notice of lien for recordation shall be in a form substantially as follows:

M.NOTICE OF LIEN
N.Claim of the City of Lake Forest
O.Pursuant to the authority vested by Chapter 6.14 of the Lake Forest Municipal Code, the City of Lake Forest’s hearing officer [City Council] did on or about the ______ day of ______________, 20___, cause the property hereinafter described to be declared a public nuisance and order the same abated. The City Council of the City of Lake Forest, did on the ______ day of ______________, 20___, assess the cost of such abatement upon the property and the same has not been paid nor any part thereof. The City of Lake Forest does hereby claim a lien for such abatement in the amount of the assessment, to wit: the sum of $, and the same shall be a lien upon the real property until paid in full and discharged of record.

P. The real property hereinabove mentioned, and upon which a lien is claimed, is that certain parcel of land lying and being entirely with the City of Lake Forest, County of Orange, State of California, particularly described as follows:

Q.(legal description)
R.Dated: This ______ day of ______________, 20___.

S. City Manager, City of Lake Forest

6.14.014 Collection of costs as special assessment.

D.As an alternative to any other lien described in this section or authorized by law, pursuant to Section 38773.5 of the Government Code, if the nuisance abatement costs are upheld, in full or in part, by the hearing officer, or if the time for requesting a hearing has elapsed and the itemized report of abatement costs has not been paid in full within the time designated by this chapter, the City may an administrative order for the collection of abatement costs or penalties may be levied by the City Council as the City may levy a special assessment against the real property on which the violation occurred.

E. Before levying a special assessment, notice of intent to record such lien shall a notice of special assessment must be served upon be sent to all persons or entities with a recorded interest in the subject property in the manner required under Section 6.14.004 at the time the assessment is imposed the owner of the property if the property owner's identity can be determined from the County Assessor's or County Recorder's records, by certified mail not less than ten (10) days prior to the time set for hearing. In addition, the owner of record must be served in accordance with Government Code section 38773.5. The notice must specify that the property Item: 17
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6 may be sold after three (3) years by the Tax Collector for unpaid delinquent assessments.

F. The notice of special assessment is entitled to recordation with the Orange County Recorder’s Office. A certified copy of the notice of special assessment resolution imposing the lien must be transmitted to the County Tax Assessor and Tax Collector, whereupon the Tax Assessor and Tax Collector shall add the amount of the lien as a special assessment on the next regular bill for real estate taxes levied against the property identified in the notice of special assessment resolution.

Thereafter, the special assessment shall be collected at the same time and in the same manner as ordinary municipal taxes are collected, and shall be subject to the same penalties and the same procedure and sale in the case of delinquency as provided by law for ordinary municipal taxes. After recordation, the special assessment may be foreclosed on as a lien in the manner and means provided by law.

6.14.0153 Owner responsibility.

6.14.0164 Alternate actions.

Item: 17
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CITY COUNCIL AGENDA REPORT
MEETING DATE: 11/15/2022
DEPARTMENT: City Manager
SUBJECT:

SECURITY CAMERA REBATE PROGRAM
RECOMMENDED ACTION(S):

Exercise City Council discretion.

EXECUTIVE SUMMARY:

In March 2019, the City provided residents an opportunity to receive a rebate for the purchase of a home self-monitoring security camera system. If a resident purchased any home security camera system, the City would give the resident $50 rebate. However, if the resident purchased a Ring product, Ring would give a resident an additional $50 rebate. At the October 4, 2022, City Council meeting, City Councilmember Moatazedi requested staff to revisit the security camera rebate program that was previously provided by the City during the discussion of Item No. 15 "Consideration of Catalytic Converter Theft Mitigation Program” (Attachment 1). Staff has contacted Ring and learned that the rebate program is no longer offered. Staff is requesting additional direction from the City Council on potentially implementing an updated version of the security camera rebate program that ended in 2019.

BACKGROUND:

The City and Ring partnered in 2019 to offer rebates to residents for the purchase of a home self-monitoring security camera system. The program required that applicants were residents of Lake Forest within an active Neighborhood Watch Program. Residents submitted applications online, verified that their address was within the boundaries of an active Neighborhood Watch Program, provided copy of a government identification card, utility bill, and the security camera system receipt.

If a Ring Home Security Product was purchased directly online through Ring's website, Ring would match the City's $50 rebate with an additional $50 incentive for a total of $100. If a resident purchased any brand of self-monitoring security camera system other than Ring, then the City provided the resident a $50 rebate.

Item: 18
504

The rebate program was successful and a total of $5,000 was allocated and distributed to residents.

DISCUSSION:

In response to Councilmember Moatazedi’s request that staff investigate providing this program again, staff contacted Ring to determine if the program is still active. Staff recently learned that Amazon acquired ownership of Ring.

During discussions with both Ring and Amazon, it was determined that the Ring Rebate Program is no longer offered by Ring. To facilitate City Council discussion, staff has identified the following options:

Option One - Direct staff to research other home security camera companies and develop an incentive purchase program
The City Council could direct staff to contact home self-monitoring security camera companies to see if any of these companies would consider offering a rebate purchase incentive for their products. This option would provide staff additional time to research and develop a more detailed program with incentives that would benefit residents. The cost of the program would also be dependent on the incentives offered by the potential companies.

Option Two - Status Quo
The City Council could direct staff to provide information at a future date if there is a home self-monitoring security camera rebate program that becomes available.

Overall, the Ring Rebate Program was successful, and the funds were exhausted within the first month. Staff is currently unaware of any rebate program available at this time. Staff has provided two options for City Council consideration and will proceed as directed.

FISCAL IMPACT:

There is no fiscal impact associated with the recommended action.

ATTACHMENT:

Minute Excerpt from City Council Meeting - October 4, 2022 Item: 18
505

Initiated By: Sharlyn De la Paz, Senior Management Analyst Submitted By: Sean McGovern, Assistant to the City Manager Approved By: Debra Rose, City Manager
Item: 18
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Item: 18
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Item: 18
508

Lake Forest City CouncilNovember 15, 2022

Lake Forest City Council
November 15, 2022