Los Alamitos City Council
October 17, 2022

CITY OF LOS ALAMITOS
Council Chamber
3191 Katella Ave., Los Alamitos CA 90720

CITY COUNCIL AGENDA

REGULAR MEETING
Monday, October 17, 2022 – 6:00 PM
SAFETY ALERT – NOTICE REGARDING COVID-19
If you wish to attend the City Council meeting in person, the Council Chamber located at 3191 Katella Ave., Los Alamitos, California 90720, will have seating for this meeting and the public shall have the right to observe and offer public comment at this location. The City of Los Alamitos continues to follow the Centers for Disease Control and Prevention (CDC) guidelines and these provisions are subject change with short notice.

While you may attend this meeting in person, given the health risks associated with COVID-19, please be advised that you may submit comments on any agenda item or on any item not on the agenda by email to [email protected] with the subject line “PUBLIC COMMENT”. Comments received by 3:00 p.m. will be compiled, provided to the City Council, and made available to the public before the start of the meeting. Staff will not read email comments at the meeting but the official record will include all email comments received until the close of the meeting. You may also view the meeting live on local cable channel 3.

Please consider carefully before attending this meeting in person and do not attend this meeting in person if you have had direct contact with someone who has tested positive for Coronavirus (COVID-19), or you are experiencing symptoms such as coughing, sneezing, fever, difficulty breathing or other flu-like symptoms.

NOTICE TO THE PUBLIC – This Agenda contains a brief general description of each item to be considered. Except as provided by law, action or discussion shall not be taken on any item not appearing on the agenda. Supporting documents, including staff reports, are available for review at City Hall in the City Clerk’s Office or on the City’s website at www.cityoflosalamitos.org once the agenda has been publicly posted.

Each matter on the agenda, no matter how described, shall be deemed to include any appropriate motion, whether to adop t a minute motion, resolution, payment of any bill, approval of any matter or action, or any other action. Items listed as “for information” or “for discussion” may also be the subject of an “action” taken by the City Council at the same meeting.

Any written materials relating to an item on this agenda submitted to the City Council after distribution of the agenda packet are available for public inspection online at www.cityoflosalamitos.org.

It is the intention of the City of Los Alamitos to comply with the Americans with Disabilities Act (ADA) in all respects. If, as an attendee, or a participant at this meeting, you will need special assistance beyond what is normally provided, please contact the City Clerk’s Office at (562) 431-3538, extension 220, 48 hours prior to the meeting so that reasonable arrangements may be made.

1. CALL TO ORDER

2. ROLL CALL
Mayor Hasselbrink
Mayor Pro Tem Doby
Council Member Chirco
Council Member Nefulda

3. PLEDGE OF ALLEGIANCE
Mayor Pro Tem Doby will lead the Pledge of Allegiance.

4. INVOCATION
Mayor Hasselbrink will give the Invocation.

5. PRESENTATIONS
A. Presentation of Certificates to the Los Alamitos High School Girls Varsity Softball Team in Recognition of Achieving the 2022 CIF-Southern Section Division 1 Finalists
B. Presentation of a Proclamation in Recognition of Code Enforcement Officer Appreciation Month to the Code Enforcement Staff

6. ORAL COMMUNICATIONS
At this time, any individual in the audience may come forward to speak on any item within the subject matter jurisdiction of the City Council. Remarks are to be limited to not more than five minutes per speaker.

7. COUNCIL ANNOUNCEMENTS
At this time, Council Members may also report on items not specifically described on the Agenda that are of interest to the community, provided no action or discussion is taken except to provide Staff direction to report back or to place the item on a future Agenda.

8. ITEMS FROM THE CITY MANAGER

9. WARRANTS
A. Warrants (Finance)
The attached Warrant Register contains checks and electronic funds transfers for the period from September 7, 2022 to October 3, 2022.

Recommendation:

Ratify the Warrants for the period from September 7, 2022 to October 3, 2022 in the amount of $1,673,441.04.

Roll Call
Mayor Hasselbrink
Mayor Pro Tem Doby
Council Member Chirco
Council Member Nefulda

10. CONSENT CALENDAR
All Consent Calendar items may be acted upon by one motion unless a Council Member requests separate action on a specific item.

A. Approval of Minutes (Administration)
Approve the City Council Minutes for the Regular meeting of September 19, 2022, and the Special meeting of September 26, 2022.

B. Findings Required by AB 361 for the Continued Use of Teleconferencing for Meetings (Administration)
For the City Council to continue to have the option to meet via teleconference during the pandemic, AB 361 requires the City Council make specific findings at least every thirty (30) days.

Recommendation:

Make the following findings by a majority vote of the City Council:

1. A state of emergency has been proclaimed by California’s Governor due to the COVID-19 pandemic, and continues to be in effect; and,

2. The City Council has reconsidered the circumstances of the state of emergency; and,

3. State and local officials continue to recommend measures to promote social distancing to slow the spread of COVID-19.

C. Notice of Completion for Arterial Overhead Street Name Sign Replacement Project (CIP No. 21/22-01) (Development Services)
The Arterial Overhead Street Name Sign Replacement Project (CIP No. 21/22-01) was the installation of new arterial signs at traffic signals citywide to complete the City’s arterial signage effort. The previous Arterial Street Sign Replacement Project (CIP No. 19/20-04) in 2020 was the installation of signs along Los Alamitos Boulevard from Cerritos Avenue to Bradbury Road. This second phase completed the remainder of the City’s arterial signs.

Recommendation:

1. Accept as complete the construction by Yunex Traffic LLC for the Arterial Overhead Street Name Sign Replacement Project (CIP No. 21/22-01); and,

2. Direct the City Clerk to record the Notice of Completion/Final Report with the County Recorder’s Office; and,

3. Authorize Staff to release the 5% retention to the contractor, in the amount of $1,557.00, thirty-five (35) days after recordation of the Notice of Completion.

D. Community Development Block Grant (CDBG) Fiscal Year 2023/2024 (Development Services)
This item recommends Council approval for the Fiscal Year 2023/2024 Community Development Block Grant (CDBG) project application to Orange County. A resolution of approval is required by the County of Orange as a part of the application for funds.

Recommendation:

1. Adopt Resolution No. 2022-xx entitled “A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF LOS ALAMITOS, CALIFORNIA APPROVING THE CITY’S PARTICIPATION IN THE FISCAL YEAR 2023/2024 COMMUNITY

DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM WITH THE COUNTY OF ORANGE.”; and,

2. Authorize the City Manager to execute all CDBG program documents for Fiscal Year 2023/2024 and appropriate amendments, if any, as they become available.

E. Disposal of Surplus Equipment (City Fleet) (Development Services) This item sets forth a recommendation to dispose of surplus equipment (City Fleet).

Recommendation:

Declare the listed equipment as surplus and authorize its disposal in accordance with Los Alamitos Municipal Code, Section 2.60.020.

F. Purchase of a Police Pursuit Rated Vehicle via the Sourcewell Competitive Purchasing Program from National Auto Fleet Group (Development Services)
This item seeks approval to purchase a police pursuit rated vehicle (Ford F-150 Responder) in the amount of $54,469.11 via the Sourcewell Competitive Purchasing Program from National Auto Fleet Group Contract No. 091521-NAF.

Recommendation:

Approve the purchase of one (1) police pursuit vehicle (Ford F-150 Responder) from National Auto Fleet Group via Sourcewell Contract No. 091521-NAF in an amount not to exceed $54,469.11.

11. ORDINANCE
A. 2022 Building Standards Code and Fire Code Adoption (Development Services)
The State’s Health and Safety Code requires local governments to adopt the most recent editions of the model codes related to construction. Every three years the State of California adopts model building codes. The 2022 California Building Standards Code will take effect on January 1, 2023. The City is charged with adopting local amendments necessary for local conditions before the end of the year in order for the amendments to be effective.

Recommendation:

1. Waive reading in full and authorize reading by title only of Ordinance No. 2022- 05, and Ordinance No. 2022-06; and,

2. Set Ordiance No. 2022-05 and Ordinance 2022-06 for second reading at a Public Hearing on November 14, 2022; and,

3. City Attorney Daudt read the title of Ordinance No. 2022-05, entitled, "AN

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LOS ALAMITOS, CALIFORNIA, AMENDING CHAPTER 15.04 OF TITLE 15 OF THE LOS ALAMITOS MUNICIPAL CODE AND ADOPTING THE 2022 EDITION OF THE

CALIFORNIA BUILDING STANDARDS CODE (CALIFORNIA CODE OF
REGULATIONS, TITLE 24) CONSISTING OF: THE 2022 CALIFORNIA ADMINISTRATIVE CODE; THE 2022 CALIFORNIA BUILDING CODE, INCLUDING APPENDIX J; THE 2022 CALIFORNIA RESIDENTIAL CODE, INCLUDING APPENDICES H AND V; THE 2022 CALIFORNIA ELECTRICAL CODE; THE 2022 CALIFORNIA MECHANICAL CODE; THE 2022 CALIFORNIA PLUMBING CODE; THE 2022 CALIFORNIA ENERGY CODE; THE 2022 CALIFORNIA HISTORICAL BUILDING CODE; THE 2022 CALIFORNIA EXISTING BUILDING CODE; THE 2022 CALIFORNIA GREEN BUILDING STANDARDS CODE; AND THE 2022 CALIFORNIA REFERENCED STANDARDS CODE, TOGETHER WITH CERTAIN AMENDMENTS, ADDITIONS, AND DELETIONS; AND ADOPTING THE 2021 INTERNATIONAL PROPERTY MAINTENANCE CODE AND THE 2021 INTERNATIONAL SWIMMING POOL AND SPA CODE, TOGETHER WITH CERTAIN AMENDMENTS, ADDITIONS, AND DELETIONS"; and,

4. City Attorney Daudt read the title of Ordinance No. 2022-06, entitled, “AN

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LOS ALAMITOS, CALIFORNIA, DELETING CHAPTER 15.08 OF THE LOS ALAMITOS MUNICIPAL CODE AND ADDING A NEW CHAPTER 15.08 ADOPTING BY REFERENCE THE 2022 EDITION OF THE CALIFORNIA FIRE CODE (TITLE 24, PART 9) WITH APPENDICES AND AMENDMENTS THERETO".

12. DISCUSSION ITEM
A. Creation and Funding of Economic Development (Fund 57) (Finance) This report provides the Council with an opportunity to discuss creating and funding a new fund for Economic Development projects.

Recommendation:

1. Discuss the option of creating and funding an additional fund for Economic Development; and,

2. Direct Staff to create Economic Development Fund (Fund 57) with an initial transfer of $500,000 from the American Rescue Plan Act (ARPA) fund (Fund 56).

B. Appoint a Council Member to Serve as the Alternate to the Orange County Sanitation District Board (Administration)
The recent Council vacancy has left the City without representation on the Orange County Sanitation District Board. This item will allow the Council to appoint an alternate representative to serve until the annual reappointment in December.

Recommendation:

1. Appoint an Alternate representative to the Orange County Sanitation District Board; and,

2. Direct the City Clerk to complete California Form 806, Agency Report of: Public Official Appointments and post on the City’s website.

13. ADJOURNMENT
The City Council will adjourn to Monday, November 14, 2022.

I hereby certify under penalty of perjury under the laws of the State of California, that the foregoing Agenda was posted at the Los Alamitos City Hall, 3191 Katella Ave. and online at www.cityoflosalamitos.org not less than 72 hours prior to the meeting.

Windmera Quintanar, MMC, City Clerk
Dated: October 13, 2022

City of Los Alamitos

CITY COUNCIL AGENDA REPORT
MEETING DATE: October 17, 2022 ITEM NUMBER: 9A
To: Mayor Shelley Hasselbrink & Members of the City Council Presented By: Craig Koehler, Director of Finance
Subject: Warrants

SUMMARY
The attached Warrant Register contains checks and electronic funds transfers for the period from September 7, 2022 to October 3, 2022.

RECOMMENDATION
Ratify the Warrants for the period from September 7, 2022 to October 3, 2022 in the amount of $1,673,441.04.

BACKGROUND
The expenditures noted within this Warrant Register conform to the budget approved by the City Council.

DISCUSSION
The Director of Finance certifies the accuracy of the attached register and to the availability of monies for payment thereof.

FISCAL IMPACT
The grand total of $1,673,441.04 represents checks and electronic fund transfers for the period September 7, 2022 to October 3, 2022.

Attachment: 1. Warrants

MINUTES OF THE CITY COUNCIL OF THE CITY OF LOS ALAMITOS REGULAR MEETING - Monday, September 19, 2022

1. CALL TO ORDER
The City Council met in Regular Session at 6:04 p.m., Monday, September 19, 2022, in the Council Chamber located at 3191 Katella Ave., Los Alamitos, CA 90720, Mayor Hasselbrink presiding.

2. ROLL CALL

Present: Council Members: Chirco, Nefulda,
Mayor Pro Tem Doby, Mayor Hasselbrink

Absent: Council Members: None

Present: Staff: Chet Simmons, City Manager
Michael Claborn, Police Chief
Michael Daudt, City Attorney
Craig Koehler, Finance Director
Emeline Noda, Recreation and Community Services Director Ron Noda, Development Services
Windmera Quintanar, MMC, City Clerk
Ron Roberts, Orange County Fire Authority Battalion Chief Chelsi Wilson, Administrative Services Manager

3. PLEDGE OF ALLEGIANCE
Council Member Chirco will lead the Pledge of Allegiance.

4. INVOCATION
Mayor Hasselbrink will give the Invocation.

5. MOMENT OF REMEMBERANCE FOR COUNCIL MEMBER RON BATES
Mayor Hasselbrink and the City Council spoke in memory of Ron Bates.

6. ORAL COMMUNICATIONS
At this time, any individual in the audience may come forward to speak on any item within the subject matter jurisdiction of the City Council. Remarks are to be limited to not more than five minutes per speaker.

Mayor Hasselbrink opened Oral Communications. There being no one present wishing to speak, Mayor Hasselbrink closed Oral Communications.

City Council Regular Minutes
September 19, 2022

7. WARRANTS
A. Warrants (Finance)
The attached Warrant Register contains checks and electronic funds transfers for the period from August 2, 2022 to September 6, 2022.

Motion/Second: Chirco/Doby
Unanimously Carried: The City Council ratified the Warrants for the period from August 2, 2022 to September 6, 2022, in the amount of $1,755,321.60.

ROLL CALL
Mayor Hasselbrink Aye
Mayor Pro Tem Doby Aye
Council Member Chirco Aye
Council Member Nefulda Aye

8. CONSENT CALENDAR
All Consent Calendar items may be acted upon by one motion unless a Council Member requests separate action on a specific item.

Council Member Chiro asked for and received a report on item 8D.

Motion/Second: Doby/Chirco
Unanimously Carried: The City Council approved the following Consent Calendar items:

A. Approval of Minutes (Administration)
Approved the City Council Minutes for the Regular meeting on August 15, 2022 and the Special meeting on August 25, 2022.

B. Findings Required by AB 361 for the Continued Use of Teleconferencing for Meetings (Administration)
For the City Council to continue to have the option to meet via teleconference during the pandemic, AB 361 requires the City Council make specific findings at least every thirty (30) days.

The City Council:

1. A state of emergency has been proclaimed by California’s Governor due to the COVID-19 pandemic, and continues to be in effect; and,

2. The City Council has reconsidered the circumstances of the state of emergency; and,

3. State and local officials continue to recommend measures to

City Council Regular Minutes
September 19, 2022

promote social distancing to slow the spread of COVID-19.

C. Resolution No. 2022-29 - Designation of City Treasurer (Finance) This report seeks consideration of a resolution designating Finance Director Craig Koehler as City Treasurer.

The City Council adopted Resolution 2022-29, entitled, “A RESOLUTION

OF THE CITY COUNCIL OF THE CITY OF LOS ALAMITOS,

CALIFORNIA, APPOINTING CRAIG KOEHLER, FINANCE DIRECTOR,

AS CITY TREASURER OF THE CITY OF LOS ALAMITOS AND
REPEALING RESOLUTION NO. 2020-04 IN ITS ENTIRETY.”
D. Resolution No. 2022-28 - Annual Investment Policy (Finance) This report provides the Council with an update of the City’s Investment Policy and consideration of amendments for allowable investments per State Government Code.

The City Council adopted Resolution No. 2022-28, entitled, “A

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS

ALAMITOS, CALIFORNIA, ADOPTING THE STATEMENT OF
INVESTMENT POLICY DATED SEPTEMBER 2022.”
E. Approval of the Revised Request for Proposals (RFP) 2022-02 Sterns Park Improvement Project (Development Services)
This item facilitates the solicitation of bids for contractual services for the design, preparation of plans and specifications, engineer's estimate, construction management, and inspection services for the Sterns Park Improvement Project (RFP 2022-02).

The City Council:

1. Approved the Request for Proposals (RFP) 2022-02 for the design, preparation of plans and specifications, engineer's estimate, construction management and inspection services for the Sterns Park Improvement Project; and,

2. Authorized Staff to advertise and solicit bid proposals.

F. Professional Services Agreement for Crossing Guard Services with All City Management Services (Police)
The City of Los Alamitos has outsourced crossing guard services to All City Management Services (ACMS) since FY 2016-2017. ACMS has successfully and effectively provided crossing guard services since that time. Staff is supportive of continuing this relationship into the next fiscal year. If approved, the proposed amendment would extend the term of the Professional Services Agreement with ACMS for an additional (1) one-year

City Council Regular Minutes
September 19, 2022

term which will expire June 30, 2023.

The City Council authorized the Mayor to execute Amendment 3 to the Profession Services Agreement for crossing guard services with All City Management Services in the amount of $108,304.56 with a term expiring June 30, 2023.

G. Award of Bid for the Briggeman Drive Street Improvements (CIP No. 22/23-03) (Development Services)
This item recommends awarding a bid to United Paving Company to begin the Briggeman Drive Street Improvements Project (CIP 22/23-03).

The City Council:

1. Award of contract for the Briggeman Drive Street Improvements Project (CIP 22/23-03) in the amount of $133,930.00 to United Paving Company; and,

2. Authorize the Mayor to execute the contract with United Paving Company for the project; and,

3. Authorize City Engineer to add work and execute change orders in an amount not to exceed the contingency reserve of 20% or $26,786.00.

H. Notice of Completion (NOC) for CDBG Howard Avenue and Bloomfield Street Improvement (CIP No. 21/22-04) (Development Services)
The CDBG Howard Avenue and Bloomfield Street Improvement FY 2021- 2022 Project (CIP No. 21/22-04) incorporated the construction of grinding and overlay work along Howard Avenue (Noel Street to Lexington Drive) and also on Bloomfield Street (Farquhar Avenue to Katella Avenue) as part of the City’s ongoing pavement management program. The project is now complete.

The City Council:

1. Accept as complete the construction by Hardy and Harper, Inc. for the CDBG Howard Avenue and Bloomfield Street Improvement FY 2021-2022 Project (CIP No. 21/22-04); and,

2. Direct the City Clerk to record the Notice of Completion/Final Report with the County Recorder’s Office; and,

3. Authorize Staff to release the 5% retention to the contractor, in the amount of $11,091.49, thirty-five (35) days after recordation of the Notice of Completion.

City Council Regular Minutes
September 19, 2022

I. Notice of Completion (NOC) for the Citywide Signing and Striping Improvements on Various Streets FY 21/22 (CIP 21/22- 02) (Development Services)
The Citywide Signing and Striping Improvements on Various Streets FY 21/22 (CIP 21/22-02) incorporated the signing and pavement/street striping per plan. The citywide pavement/street striping program assists in maintaining safe and up-to- date signing, striping and pavement markings that comply with current Federal and State standards. The project consisted of the installation of new pavement striping in the Old Town West Neighborhood, Old Dutch Haven Neighborhood, and also within, Briggeman Drive, Sausalito Street, and Cerritos Avenue as recommended by the Traffic Commission and approved at the February 28, 2022 City Council meeting. The project is now complete.

The City Council:

1. Accept as complete the construction by Superior Pavement Markings for the Citywide Signing and Striping Improvements on Various Streets FY 21/22 (CIP 21/22-02); and,

2. Direct the City Clerk to record the Notice of Completion/Final Report with the County Recorder’s Office; and,

3. Authorize Staff to release the 5% retention to the contractor, in the amount of
$4,104.40, thirty-five (35) days after recordation of the Notice of Completion.

J. 2021-2022 Orange County Grand Jury Report titled “How is Orange County Addressing Homelessness?" (Administration)
This report contains the City's response to 2021-2022 Orange County Grand Jury Report titled “How is Orange County Addressing Homelessness?”
The City Council:

1. Approve the attached response to the Orange County Grand Jury report titled “How is Orange County Addressing Homelessness?”, and,

2. Authorize the Mayor to sign the response letter on behalf of the City Council.

K. Orange County Grand Jury Report titled “Where Have All the CRVs Gone?” (Administration)
Response to the June 28, 2022, Orange County Grand Jury Report titled

City Council Regular Minutes
September 19, 2022

“Where Have All the CRVs Gone?”
The City Council:

1. Approve the attached response to the Orange County Grand Jury report titled Where Have All the CRVs Gone?”, and,

2. Authorize the Mayor to sign the response letter on behalf of the City Council.

9. ADJOURNMENT
The City Council will adjourn in memory of Ronald R. Bates at 6:17 p.m.

Shelley Hasselbrink, Mayor
Attest:

Windmera Quintanar, MMC, City Clerk

MINUTES OF THE CITY COUNCIL

OF THE CITY OF LOS ALAMITOS
SPECIAL MEETING – Monday, September 26, 2022

1. CALL TO ORDER
The City Council met in Special Session at 6:04 p.m., Monday, September 26, 2022, via videoconference, Mayor Hasselbrink presiding. As a result of the State of Emergency in California due to the threat of COVID-19 and pursuant to Governor Newsom Executive Order N-25-20 issued on March 12, 2020, all members of the City Council attended via videoconference.

2. ROLL CALL

Present: Council Members: Chirco, Nefulda
Mayor Pro Tem Doby, Mayor Hasselbrink

Absent: Council Members: None
Present Staff: Chet Simmons, City Manager
Michael Daudt, City Attorney
Craig Koehler, Finance Director
Ron Roberts, Orange County Fire Authority Battalion Chief Windmera Quintanar, MMC, City Clerk

3. SPECIAL ORDER OF THE DAY
A. Consideration of the City Council Vacancy
On September 6, 2022, Council Member Ron Bates passed away creating a vacancy on the Council. Per Section 502 of the City Charter and Government Code (GC) Section 36512, Council has two options to fill the vacancy: (1) appoint a registered voter from the City, or (2) hold a special election.

City Clerk Quintanar summarized the Staff report. She advised there were no members of the public participating on the call and no written requests to speak had been received.

City Council and Staff discussed the approximate cost for a standalone election has historically been $15,000; Council’s success with appointing Council Members when vacancies occur; and a preference for not spending money on a special election.

City Council Special Agenda
September 26, 2022

Motion/Second: Doby/Chico
Unanimously Carried: The City Council voted to advertise for applications from interested parties; conduct interviews of all applicants on Monday, October 24, 2022, and then appoint an applicant to fill the District 2 Council Member vacancy.

Roll Call
Mayor Hasselbrink Aye
Mayor Pro Tem Doby Aye
Council Member Chirco Aye
Council Member Nefulda Aye

4. ADJOURNMENT
The City Council adjourned at 6:12 p.m.

Shelley Hasselbrink, Mayor
Attest:

Windmera Quintanar, MMC, City Clerk

City of Los Alamitos

CITY COUNCIL AGENDA REPORT
MEETING DATE: October 17, 2022 ITEM NUMBER: 10B
To: Mayor Shelley Hasselbrink & Members of the City Council Presented By: Michael Daudt, City Attorney
Subject: Findings Required by AB 361 for the Continued Use of Teleconferencing for Meetings

SUMMARY
For the City Council to continue to have the option to meet via teleconference during the pandemic, AB 361 requires the City Council make specific findings at least every thirty (30) days.

RECOMMENDATION
Make the following findings by a majority vote of the City Council:

1. A state of emergency has been proclaimed by California’s Governor due to the COVID-19 pandemic, and continues to be in effect; and,

2. The City Council has reconsidered the circumstances of the state of emergency; and,

3. State and local officials continue to recommend measures to promote social distancing to slow the spread of COVID-19.

BACKGROUND
Assembly Bill 361 (AB 361) was signed into law by the Governor on September 16, 2021. A portion of AB 361 enacted amendments to California Government Code section 54953 regarding teleconference meetings. Those amendments authorize local agencies, like the City, to continue to conduct meetings by teleconference during a Governor-proclaimed state of emergency provided that certain findings are made by the legislative body, and provided that certain procedural requirements are met regarding public access to the meetings. A “teleconference” occurs for purposes of AB 361 whenever one or more members of the City Council connect to a City Council meeting via electronic means. Thus, even if four members of the City Council meet in person, if the fifth joins the meeting via Zoom, the meeting will be a teleconference meeting that must be conducted in accordance with the requirements of AB 361. For purposes of AB 361 “…’state of emergency’ means a state of emergency proclaimed pursuant to Section 8625 of the California Emergency Services Act…” Cal. Gov’t Code Sec. 54953(e)(4). Section 8265 of CESA in turn refers to a state of emergency proclaimed by the Governor.

A new requirement in AB 361 requires specific findings be reaffirmed at least every thirty (30) days in order for the City Council to continue to have the option for one (1) or more of its members to use teleconferencing.

DISCUSSION
The Required Findings
The teleconference provisions in AB 361 may only be utilized as long as a Governorproclaimed state of emergency remains active, or while state or local officials have recommended measures to promote social distancing. When either of those is the case (both are true at this time), then in order to continue to teleconference using the new provisions of AB 361, the City Council must make the following findings by majority vote every 30 days:
(A) The City Council has reconsidered the circumstances of the state of emergency; and, (B) Either of the following circumstances exist:
i. The state of emergency continues to directly impact the ability of the members to meet safely in person; or
ii. State or local officials continue to impose or recommend measures to promote social distancing (Cal Gov’t Code Sec. 54953(e)(3))
To comply with that requirement, the recommended action would have the City Council find each of the following:

1. A state of emergency has been proclaimed by California’s Governor due to the COVID19 pandemic, and continues to be in effect; and,

2. The City Council has reconsidered the circumstances of the state of emergency; and,

3. State and local officials continue to recommend measures to promote social distancing to slow the spread of COVID-19.

The “Every 30 Days Thereafter” Requirement
As noted above, AB 361 findings must be made “no later than 30 days after teleconferencing for the first time pursuant to , and every 30 days thereafter…” In order to preserve the option for the City Council or individual members of the City Council to participate in meetings during the pandemic via teleconference in the future, the City Council will have to adopt the required findings at least every 30 days.

Potential Consequence of Not Making the Findings Every 30 Days AB 361 does not expressly state what happens if a legislative body fails to make the required findings “every 30 days.” However, it expressly requires the timely re-approval of the findings “in order to continue to teleconference” in the manner that AB 361 authorizes.

As a result, if the City Council does not adopt the required findings every 30 days, then the City Council could be precluded from continuing to teleconference thereafter, perhaps even if the City Council was willing to adopt the findings at a later date. For this reason, the City Attorney

recommends that the City Council adopt the required findings at this time and at least every 30 days thereafter, unless the City Council decides as a permanent matter that it will no longer permit teleconferencing at all (e.g., regardless of whether the state of emergency worsens).

Procedural Requirements for The Conduct of Teleconference Meetings AB 361 contains several new requirements for the conduct of teleconference meetings with which the City has prepared to comply. Specifically, each meeting must:

1. Allow members of the public to attend and comment at the meeting via call-in option or internet-based service option; and,

2. Protect the statutory and constitutional rights of the parties and the public appearing before the legislative body; and,

3. In the event of disruption which prevents broadcasting the meeting or which prevents members of the public from offering public comments via the call-in or internet-based option, the City Council must take no further action until the disrupted public access is restored; and,

4. The City may not require public comments to be submitted in advance, and must offer the opportunity for the public to offer comments “in real time” during the meeting; and,

5. The public must be allowed “a reasonable amount of time per agenda item to allow members of the public to provide public comment, including time for members of the public to register , or otherwise be recognized for the purpose of providing public comment.

FISCAL IMPACT
None.

Attachment: None

City of Los Alamitos

CITY COUNCIL AGENDA REPORT
MEETING DATE: October 17, 2022 ITEM NUMBER: 10C
To: Mayor Shelley Hasselbrink & Members of the City Council Presented By: Ron Noda, Development Services Director
Subject: Notice of Completion for Arterial Overhead Street Name Sign Replacement Project (CIP No. 21/22-01)

SUMMARY
The Arterial Overhead Street Name Sign Replacement Project (CIP No. 21/22-01) was the installation of new arterial signs at traffic signals citywide to complete the City’s arterial signage effort. The previous Arterial Street Sign Replacement Project (CIP No. 19/20-04) in 2020 was the installation of signs along Los Alamitos Boulevard from Cerritos Avenue to Bradbury Road.

This second phase completed the remainder of the City’s arterial signs.

RECOMMENDATION

1. Accept as complete the construction by Yunex Traffic LLC for the Arterial Overhead Street Name Sign Replacement Project (CIP No. 21/22-01); and,

2. Direct the City Clerk to record the Notice of Completion/Final Report with the County Recorder’s Office; and,

3. Authorize Staff to release the 5% retention to the contractor, in the amount of $1,557.00, thirty-five (35) days after recordation of the Notice of Completion.

BACKGROUND
The City of Los Alamitos replaced all the aging traffic signal overhead arterial street name signs. As part of the first phase done in 2020, arterial signs were installed along Los Alamitos Boulevard from Katella Avenue to Cerritos Avenue (CIP No. 19/20-04). As part of this second and final phase (CIP No. 21/22-01), this project installed new arterial signs at traffic signals for the remainder of the city along Ball Road, Cerritos Avenue, and Katella Avenue.

DISCUSSION
Work on this project is now complete and found acceptable by the City Engineer. Staff recommends acceptance of the work in conjunction with the processing of the Notice of Completion/Final Report and release of the retention as prescribed by the Public Contracts Codes.

FISCAL IMPACT
The project had a total funding budget of $80,000.00 with the following breakdown of funding sources:

Budget Fiscal
Year
Source Amount
2021-22 Measure M
$80,000.00
The project was within the overall funding budget and came in at a total of $34,250.

Attachment: 1. Notice of Completion (CIP 21/22-01)

RECORDING REQUESTED BY
AND MAIL TO:

City Clerk
City of Los Alamitos
3191 Katella Avenue
Los Alamitos, CA 90720
No Consideration SPACE ABOVE THIS LINE FOR RECORDER

NOTICE OF COMPLETION NO RECORDING FEE PURSUANT TO
GOVERNMENT CODE SECTION 6103
for
Arterial Overhead Street Name Sign Replacement Project (CIP No. 21/22-01) NOTICE IS HEREBY GIVEN THAT:

1. The undersigned are owners or corporate officers of the interest or estates stated below in property hereinafter described.

2. The full name of the owner is: City of Los Alamitos, 3191 Katella Avenue, Los Alamitos, CA 90720

3. The work consisted of :

The project installed new arterial signs at traffic signals citywide to complete the City’s arterial signage effort.

4. The work was completed on___07/25/2022______

5. The contractor was: Yunex Traffic LLC

Dated _____10/04/2022______________________ __________________________________________ Chris Kelley, City Engineer, City of Los Alamitos

VERIFICATION BY CORPORATION OWNER

STATE OF CALIFORNIA )
) SS

COUNTY OF ORANGE )
I, Chris Kelley, City Engineer of Los Alamitos, a Municipal Corporation, and that he executed the foregoing Notice of the aforesaid interest or estates in the property therein described; and verify on behalf of the City of Los Alamitos; that the contents thereof, and the the facts therein stated are true.
____________________________________________________
Chris Kelley, City Engineer
Dated: __________________

City of Los Alamitos

CITY COUNCIL AGENDA REPORT
MEETING DATE: October 17, 2022 ITEM NUMBER: 10D
To: Mayor Shelley Hasselbrink & Members of the City Council Presented By: Ron Noda, Development Services Director
Subject: Community Development Block Grant (CDBG) Fiscal Year 2023/2024

SUMMARY
This item recommends Council approval for the Fiscal Year 2023/2024 Community Development Block Grant (CDBG) project application to Orange County. A resolution of approval is required by the County of Orange as a part of the application for funds.

RECOMMENDATION

1. Adopt Resolution No. 2022-xx entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS ALAMITOS, CALIFORNIA APPROVING THE CITY’S PARTICIPATION IN THE FISCAL YEAR 2023/2024 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM WITH THE COUNTY OF ORANGE.”; and,

2. Authorize the City Manager to execute all CDBG program documents for Fiscal Year 2023/2024 and appropriate amendments, if any, as they become available.

BACKGROUND
The Orange County Housing and Community Development & Homeless Prevention Department administers and disperses Federal Community Development Block Grant (CDBG) monies for smaller cities such as Los Alamitos. The Program provides federal funds to cities with populations under 50,000 for programs that are targeted towards community development. The funds are commonly used for neighborhoods that have a substantial number of low, very low, and extremely low-income residents, and can be used for Senior or ADA (Americans with Disabilities Act) projects as well. The CDBG program shows preference for projects that meet the criteria in the table below, and often only prefers those at the high priority needs level:

The grant funds are transferred from United States Department of Housing and Urban Development (HUD) to the County annually for use by participating agencies. These funds may be pursued through competitive grant applications sent to the County. The group of participating cities is small, so the potential for funding is fairly high. Participating cities help to form the annual plan for spending CDBG funds, allowing the City a voice in establishing the criteria on which grant applications will be judged. Once grants are awarded, the County assists cities in managing the projects and preparing required reports for HUD.

Whether or not the City seeks funding, the County oversees the program.

To assure citizen participation in the design and implementation of the City's allocation of CDBG funds, the City of Los Alamitos seeks input from community members. Priorities, goals, and objectives are established from citizen input used in applying for future CDBG grants. Citizen participation is an important aspect in this process as it establishes the needs of the community from the grassroots level. This information is provided to the County of Orange to incorporate into its report to the Federal Government (HUD).

A public meeting is held to collect information regarding community needs prior to the City deciding where CDBG funds will best be distributed and to obtain comments from citizens on the use of funds prior to submitting an application. This hearing was also held to give the community an opportunity to review and comment on the proposed use of funding and on the performance of the CDBG programs in administration, distribution, and implementation of federal funds. The public hearing is held in a centrally located, handicapped accessible building with reasonable accommodation provided for persons with disabilities. The public was notified of a community meeting through an advertisement in the Event News Enterprise on September 14, 2022. The Community Meeting was held

during the September 28, 2022 Planning Commission meeting.

DISCUSSION
The City regularly submits applications to Orange County Community Resources for CDBG funds through the program. Larger cities apply directly to the Federal Government for such funds. As a smaller city, Los Alamitos seeks the oversight of the County when using such funds. The City of Los Alamitos has used such grants for years, often being awarded CDBG funds to improve Public Facilities within the City’s Low Income Census Tracts as defined by HUD.

The City has utilized past awards of CDBG funding for the following projects:
2018/2019 - Alley and sidewalk repair in the Apartment Row neighborhood 2019/2020 - Repair of Noel Street from Katella Avenue to Farquhar Avenue 2020/2021 - Repair of Howard Avenue from Reagan Street to Maple Avenue 2021/2022 - Repair of Howard Avenue from Noel Street to Lexington Drive and repair of Bloomfield Avenue from Katella Avenue to Farquhar Avenue During the current Fiscal Year 2022/2023, CDBG funds will be used for the renovation of Sterns Park, located at 3871 Farquhar Avenue, to create an all-inclusive ADA-compliant park.

Below is a project that could be applied to for Fiscal Year 2023/2024 or in the future.

Labourdette Park Renovation
Removal and replacement of play equipment at Labourdette Park (4401 Howard Street) with an all-inclusive play structure. ADA repairs will also be done to the remainder of the park to meet ADA requirements. By renovating Labourdette Park, the City will have a second all-inclusive playground for disabled youth citywide and in the surrounding community.

Park renovation - $350,000, includes 10% City match
The Planning Commission recommended and approved Staff's recommendation to apply Fiscal Year 2023/2024 CDBG funds for a park renovation project at Labourdette Park, located at 4401 Howard Avenue.

FISCAL IMPACT
Should the County approve the application, future expenditures of 10% matching funds will be reflected in the annual Capital Improvement Plan (CIP) budget. The Request for Proposal (RFP) for the Labourdette Park project will be presented at an upcoming meeting and will identify funding in more depth.

Attachment: 1. Resolution 2022-30 - CDBG Application FY 2023/2024

2. Example of Past Park Improvement

RESOLUTION NO. 2022-30

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS
ALAMITOS, CALIFORNIA, APPROVING THE CITY’S PARTICIPATION IN THE FISCAL YEAR 2023/2024 COMMUNITY DEVELOPMENT BLOCK

GRANT (CDBG) PROGRAM WITH THE COUNTY OF ORANGE
WHEREAS, it is the intent of the City of Los Alamitos to participate in the timely filing of an application with the County of Orange for a grant authorized under the Housing and Community Development Act of 1974; and,
WHEREAS, the Housing and Community Development Act of 1974, as amended, authorizes cities under 50,000 in population to enter into cooperation agreements with the County in which they are located for the purpose of undertaking essential community development activities; and,
WHEREAS, the City of Los Alamitos will submit an application under FY 2023-24 for PUBLIC FACILITIES & IMPROVEMENTS REQUEST FOR PROPOSAL BID NO. 012- 212301-NC; and,
WHEREAS, the City of Los Alamitos desires to accept the award of CDBG funds and seeks authorization to execute the necessary agreements, contracts and amendments and other corresponding documentation to accept the CDBG funds.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LOS ALAMITOS, CALIFORNIA, DOES RESOLVE AS FOLLOWS:

SECTION 1. The City Council of the City of Los Alamitos, California, finds that the above recitals are true and correct.

SECTION 2. The City of Los Alamitos hereby accepts the award of CDBG funds through the County’s Urban Counties Program, which will be used to support the City of Los Alamitos’ Public Facilities & Improvements – Labourdette Park ADA Project under Bid No. TBD.

SECTION 3. The City Council does hereby approve and adopt the selection of the following project funding requests and directs that an application reflecting this project, be submitted to the County of Orange:

Project Approximate Cost
Park renovation – Removal and replacement of
play equipment at Labourdette Park (4401 Howard
Street) with an all-inclusive play structure. ADA
repairs will also be done to the remainder of the
park to meet ADA requirements.

Park renovation - $350,000
Includes 10% City match

CC RESO 2022-30

By renovating Labourdette Park, the City will have
a second all-inclusive playground for disabled
youth citywide and in the surrounding community.

SECTION 4. The City of Los Alamitos authorizes the City Manager or his/her designee to execute, for and on behalf of the City of Los Alamitos, the necessary agreements(s) and/or any other documents or instruments required by the County and/or the United States Department of Housing and Urban Development for participation in the Urban Counties Program and/or for acceptance of the CDBG funds under Bid No. TBD.

SECTION 5. The City Clerk shall certify as to the adoption of this Resolution.

PASSED, APPROVED, AND ADOPTED this 17th day of October, 2022. ___________________________
Shelley Hasselbrink, Mayor
ATTEST:
_______________________________
Windmera Quintanar, MMC, City Clerk
APPROVED AS TO FORM:
_______________________________
Michael S. Daudt, City Attorney

CC RESO 2022-30

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss

CITY OF LOS ALAMITOS )
I, Windmera Quintanar, MMC, City Clerk, of the City of Los Alamitos, do hereby certify that the foregoing Resolution was adopted at a regular meeting of the City Council held on the 17th day of October 2022, by the following vote, to wit:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

_________________________________
Windmera Quintanar, MMC, City Clerk

City of Los Alamitos

CITY COUNCIL AGENDA REPORT
MEETING DATE: October 17, 2022 ITEM NUMBER: 10E
To: Mayor Shelley Hasselbrink & Members of the City Council Presented By: Ron Noda, Development Services Director
Subject: Disposal of Surplus Equipment (City Fleet)

SUMMARY
This item sets forth a recommendation to dispose of surplus equipment (City Fleet).

RECOMMENDATION
Declare the listed equipment as surplus and authorize its disposal in accordance with Los Alamitos Municipal Code, Section 2.60.020.

BACKGROUND
This item requests Council approval for items that have been deemed as surplus to be placed for auction. Development Services works with the corresponding departments to determine if an item has become unsuitable for City use. Items may be considered obsolete for a variety of reasons, including surpassing its useful life and having no potential to allocate the items to other departments.

Section 2.60.020(H) of the Los Alamitos Municipal Code authorizes the City Manager to recommend the sale of all supplies and equipment which has become unsuitable. Once authorized by Council, staff will contact the City’s auction services provider for disposal of the obsolete vehicles.

DISCUSSION
The table below lists the items recommended for auction with their estimated auction value, including a low and high estimated value. The estimated auction value is derived from discussions with the City’s auction company, U.S. Auctions. 2022 Proposed Vehicle Surplus
Item Previous
Vehicle Use
Estimated Auction Value
2005 Honda Motor
VIN No. JH25C51765M300271
Patrol $750 - $1,500
2012 Dodge Charger Patrol $2,100 - $3,250

VIN No.
2C3CDXAT4CH287835
2012 Dodge Charger
VIN No.
2C3CDXATXCH287838
SRO $2,100 - $3,250
2012 Chevy Tahoe
VIN No.
1GNLC2E07CR190184
Patrol $2,600 - $4,500
2013 Dodge Charger
VIN No.
2C3CDXAT1DH560506
PD $2,250 - $3,500
2016 Dodge Charger
VIN No.
2C3CDXAT7GH188335
Patrol $3,250 - $5,500
Estimated
Total
$13,050 to $21,500

FISCAL IMPACT
The listed equipment has an estimated auction value ranging from $13,050 to $21,500.

When the items are sold at auction, the revenues will be placed in Account No. 50-4830 - Sale of Property.

Attachment: None

City of Los Alamitos

CITY COUNCIL AGENDA REPORT
MEETING DATE: October 17, 2022 ITEM NUMBER: 10F
To: Mayor Shelley Hasselbrink & Members of the City Council Presented By: Ron Noda, Development Services Director
Subject: Purchase of a Police Pursuit Rated Vehicle via the Sourcewell Competitive Purchasing Program from National Auto Fleet Group

SUMMARY
This item seeks approval to purchase a police pursuit rated vehicle (Ford F-150 Responder) in the amount of $54,469.11 via the Sourcewell Competitive Purchasing Program from National Auto Fleet Group Contract No. 091521-NAF.

RECOMMENDATION
Approve the purchase of one (1) police pursuit vehicle (Ford F-150 Responder) from National Auto Fleet Group via Sourcewell Contract No. 091521-NAF in an amount not to exceed $54,469.11.

BACKGROUND
The City’s fleet is currently made up of vehicles assigned to the Development Services Department (Public Works Division, Code Enforcement Division), the Police Department, the City Administration Department, and the Recreation & Community Services Department.

These vehicles range from small trucks for non-emergency administration use, light duty trucks utilized by the Code Enforcement Division, police pursuit rated sedans and SUVs utilized by the Police Department, to large heavy duty trucks and vans utilized by the Recreation & Community Services Department and Public Works Division.

Council adopted Resolution No. 2013-07 in 2013 which outlined the Vehicle & Equipment Replacement Policy. The policy established guidelines for replacement based on a number of factors including, but not limited to, age, mileage, mechanical condition, maintenance costs, etc. The policy also established targeted replacement cycles for vehicles and equipment.

DISCUSSION
Sourcewell Competitive Purchasing Program
Sourcewell, formerly known as the National Joint Power Alliance (NJPA), is a national cooperative purchasing agency that facilitates the procurement of goods to members. After 40 years of service, Sourcewell continues to offer contract purchasing solutions to all government agencies, public and private schools/colleges, tribal government and nonprofit organizations.

Utilizing Sourcewell’s services does not incur any additional costs for the City. Supplemental services that the City may utilize at no additional cost include a review of quotes provide, which

will ensure the figures presented accurately reflect the costs described in the awarded contract with Sourcewell.

Under Section 2.60.110 of the Los Alamitos Municipal Code (LAMC), the City’s purchasing ordinance allows the City to “piggy back” off another public agency or government entity, which has selected the vendor using competitive bidding procedures substantially the same as or similar to those normally utilized by the city for the acquisition of such materials, supplies, equipment, or services. If such a determination is made, the City Manager or City Council, as applicable, may proceed to purchase the materials, supplies, equipment or services at a price equivalent to that offered to the acquiring agency.

As a member of Sourcewell, the City has the ability to utilize Sourcewell awarded contracts.

The City’s Sourcewell Membership Identification number is ID#060618-EFM.

National Auto Fleet Group (NAFG)
Following a competitive bid process in September 2021, out of 13 bids received for Request for Proposal (RFP#091521), National Auto Fleet Group secured a contract with Sourcewell for the procurement of vehicles, cars, vans, SUVs and light truck with related equipment, accessories and services. NAFG’s contract with Sourcewell remains in effect until November 08, 2025.

This report seeks approval for the purchase of one new police pursuit rated Ford F-150 Responder for the Police Department, via the National Auto Fleet Group (NAFG) Sourcewell contract.

As a result of the around the clock operation, the vehicles utilized by the Police Department are subject to a unique level of wear and tear that ultimately compromises the vehicles’ performance during service calls. The procurement of this vehicle will fulfill the needs of the Department, in order to continue to operate at an exceptional service level, while enhancing the years of life to the fleet with an established rotation of use.

FISCAL IMPACT
The purchase of the following unit for the Police Department is from National Auto Fleet Group (NAFG) via Sourcewell Contract No. 091521-NAF: Patrol Vehicle, 2023 Ford F-150 Responder at $54,469.11.

Funding for the purchase of the proposed vehicle will be expended out of Fund 50 - Vehicle and Equipment Replacement Fund. Costs for the outfitting of this police vehicle will be assessed at the time of delivery. Outfitting is estimated to be between $15,000 to $22,000 and will also be expended from Fund 50 - Vehicle and Equipment Replacement Fund.

Attachment: 1. Vehicle Purchase Quote

2. Vehicle Purchase Specifications

3. Sourcewell Contract

4. Resolution 2013-07 - Vehicle/Equipment Replacement Policy

091521-NAF
Rev. 3/2021 1
Solicitation Number: RFP #091521

CONTRACT
This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and 72 Hour LLC dba: National Auto Fleet Group, 490 Auto Center Drive, Watsonville, CA 95076 (Supplier).

Sourcewell is a State of Minnesota local government unit and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers cooperative procurement solutions to government entities. Participation is open to eligible federal, state/province, and municipal governmental entities, higher education, K-12 education, nonprofit, tribal government, and other public entities located in the United States and Canada.

Sourcewell issued a public solicitation for Automobiles, SUVs, Vans, and Light Trucks with Related Equipment and Accessories from which Supplier was awarded a contract.

Supplier desires to contract with Sourcewell to provide equipment, products, or services to Sourcewell and the entities that access Sourcewell’s cooperative purchasing contracts (Participating Entities).

1. TERM OF CONTRACT
A. EFFECTIVE DATE. This Contract is effective upon the date of the final signature below.

B. EXPIRATION DATE AND EXTENSION. This Contract expires November 8, 2025, unless it is cancelled sooner pursuant to Article 22. This Contract may be extended one additional year upon the request of Sourcewell and written agreement by Supplier.

C. SURVIVAL OF TERMS. Notwithstanding any expiration or termination of this Contract, all payment obligations incurred prior to expiration or termination will survive, as will the following: Articles 11 through 14 survive the expiration or cancellation of this Contract. All rights will cease upon expiration or termination of this Contract.

2. EQUIPMENT, PRODUCTS, OR SERVICES
A. EQUIPMENT, PRODUCTS, OR SERVICES. Supplier will provide the Equipment, Products, or Services as stated in its Proposal submitted under the Solicitation Number listed above. 






 






091521-NAF
Rev. 3/2021 2
Supplier’s Equipment, Products, or Services Proposal (Proposal) is attached and incorporated into this Contract.

All Equipment and Products provided under this Contract must be new and the current model.

Supplier may offer close-out or refurbished Equipment or Products if they are clearly indicated in Supplier’s product and pricing list. Unless agreed to by the Participating Entities in advance, Equipment or Products must be delivered as operational to the Participating Entity’s site.

This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated, sales and sales volume are not guaranteed.

B. WARRANTY. Supplier warrants that all Equipment, Products, and Services furnished are free from liens and encumbrances, and are free from defects in design, materials, and workmanship.

In addition, Supplier warrants the Equipment, Products, and Services are suitable for and will perform in accordance with the ordinary use for which they are intended. Supplier’s dealers and distributors must agree to assist the Participating Entity in reaching a resolution in any dispute over warranty terms with the manufacturer. Any manufacturer’s warranty that extends beyond the expiration of the Supplier’s warranty will be passed on to the Participating Entity.

C. DEALERS, DISTRIBUTORS, AND/OR RESELLERS. Upon Contract execution and throughout the Contract term, Supplier must provide to Sourcewell a current means to validate or authenticate Supplier’s authorized dealers, distributors, or resellers relative to the Equipment, Products, and Services offered under this Contract, which will be incorporated into this Contract by reference. It is the Supplier’s responsibility to ensure Sourcewell receives the most current information.

3. PRICING
All Equipment, Products, or Services under this Contract will be priced at or below the price stated in Supplier’s Proposal.

When providing pricing quotes to Participating Entities, all pricing quoted must reflect a Participating Entity’s total cost of acquisition. This means that the quoted cost is for delivered Equipment, Products, and Services that are operational for their intended purpose, and includes all costs to the Participating Entity’s requested delivery location.

Regardless of the payment method chosen by the Participating Entity, the total cost associated with any purchase option of the Equipment, Products, or Services must always be disclosed in the pricing quote to the applicable Participating Entity at the time of purchase.

A. SHIPPING AND SHIPPING COSTS. All delivered Equipment and Products must be properly packaged. Damaged Equipment and Products may be rejected. If the damage is not readily apparent at the time of delivery, Supplier must permit the Equipment and Products to be 






 






091521-NAF
Rev. 3/2021 3
returned within a reasonable time at no cost to Sourcewell or its Participating Entities.

Participating Entities reserve the right to inspect the Equipment and Products at a reasonable time after delivery where circumstances or conditions prevent effective inspection of the Equipment and Products at the time of delivery. In the event of the delivery of nonconforming Equipment and Products, the Participating Entity will notify the Supplier as soon as possible and the Supplier will replace nonconforming Equipment and Products with conforming Equipment and Products that are acceptable to the Participating Entity.

Supplier must arrange for and pay for the return shipment on Equipment and Products that arrive in a defective or inoperable condition.

Sourcewell may declare the Supplier in breach of this Contract if the Supplier intentionally delivers substandard or inferior Equipment or Products.

B. SALES TAX. Each Participating Entity is responsible for supplying the Supplier with valid taxexemption certification(s). When ordering, a Participating Entity must indicate if it is a taxexempt entity.

C. HOT LIST PRICING. At any time during this Contract, Supplier may offer a specific selection of Equipment, Products, or Services at discounts greater than those listed in the Contract.

When Supplier determines it will offer Hot List Pricing, it must be submitted electronically to Sourcewell in a line-item format. Equipment, Products, or Services may be added or removed from the Hot List at any time through a Sourcewell Price and Product Change Form as defined in Article 4 below.

Hot List program and pricing may also be used to discount and liquidate close-out and discontinued Equipment and Products as long as those close-out and discontinued items are clearly identified as such. Current ordering process and administrative fees apply. Hot List Pricing must be published and made available to all Participating Entities.

4. PRODUCT AND PRICING CHANGE REQUESTS
Supplier may request Equipment, Product, or Service changes, additions, or deletions at any time. All requests must be made in writing by submitting a signed Sourcewell Price and Product Change Request Form to the assigned Sourcewell Supplier Development Administrator. This approved form is available from the assigned Sourcewell Supplier Development Administrator.

At a minimum, the request must:
x Identify the applicable Sourcewell contract number;
x Clearly specify the requested change;
x Provide sufficient detail to justify the requested change; 






 






091521-NAF
Rev. 3/2021 4
x Individually list all Equipment, Products, or Services affected by the requested change, along with the requested change (e.g., addition, deletion, price change); and x Include a complete restatement of pricing documentation in Microsoft Excel with the effective date of the modified pricing, or product addition or deletion. The new pricing restatement must include all Equipment, Products, and Services offered, even for those items where pricing remains unchanged.

A fully executed Sourcewell Price and Product Change Request Form will become an amendment to this Contract and will be incorporated by reference.

5. PARTICIPATION, CONTRACT ACCESS, AND PARTICIPATING ENTITY REQUIREMENTS

A. PARTICIPATION. Sourcewell’s cooperative contracts are available and open to public and nonprofit entities across the United States and Canada; such as federal, state/province, municipal, K-12 and higher education, tribal government, and other public entities.

The benefits of this Contract should be available to all Participating Entities that can legally access the Equipment, Products, or Services under this Contract. A Participating Entity’s authority to access this Contract is determined through its cooperative purchasing, interlocal, or joint powers laws. Any entity accessing benefits of this Contract will be considered a Service Member of Sourcewell during such time of access. Supplier understands that a Participating Entity’s use of this Contract is at the Participating Entity’s sole convenience and Participating Entities reserve the right to obtain like Equipment, Products, or Services from any other source.

Supplier is responsible for familiarizing its sales and service forces with Sourcewell contract use eligibility requirements and documentation and will encourage potential participating entities to join Sourcewell. Sourcewell reserves the right to add and remove Participating Entities to its roster during the term of this Contract.

B. PUBLIC FACILITIES. Supplier’s employees may be required to perform work at governmentowned facilities, including schools. Supplier’s employees and agents must conduct themselves in a professional manner while on the premises, and in accordance with Participating Entity policies and procedures, and all applicable laws.

6. PARTICIPATING ENTITY USE AND PURCHASING
A. ORDERS AND PAYMENT. To access the contracted Equipment, Products, or Services under this Contract, a Participating Entity must clearly indicate to Supplier that it intends to access this Contract; however, order flow and procedure will be developed jointly between Sourcewell and Supplier. Typically, a Participating Entity will issue an order directly to Supplier or its authorized subsidiary, distributor, dealer, or reseller. If a Participating Entity issues a purchase order, it may use its own forms, but the purchase order should clearly note the applicable Sourcewell 






 






091521-NAF
Rev. 3/2021 5
contract number. All Participating Entity orders under this Contract must be issued prior to expiration or cancellation of this Contract; however, Supplier performance, Participating Entity payment obligations, and any applicable warranty periods or other Supplier or Participating Entity obligations may extend beyond the term of this Contract.

Supplier’s acceptable forms of payment are included in its attached Proposal. Participating Entities will be solely responsible for payment and Sourcewell will have no liability for any unpaid invoice of any Participating Entity.

B. ADDITIONAL TERMS AND CONDITIONS/PARTICIPATING ADDENDUM. Additional terms and conditions to a purchase order, or other required transaction documentation, may be negotiated between a Participating Entity and Supplier, such as job or industry-specific requirements, legal requirements (e.g., affirmative action or immigration status requirements), or specific local policy requirements. Some Participating Entities may require the use of a Participating Addendum; the terms of which will be negotiated directly between the Participating Entity and the Supplier. Any negotiated additional terms and conditions must never be less favorable to the Participating Entity than what is contained in this Contract.

C. SPECIALIZED SERVICE REQUIREMENTS. In the event that the Participating Entity requires service or specialized performance requirements not addressed in this Contract (such as ecommerce specifications, specialized delivery requirements, or other specifications and requirements), the Participating Entity and the Supplier may enter into a separate, standalone agreement, apart from this Contract. Sourcewell, including its agents and employees, will not be made a party to a claim for breach of such agreement.

D. TERMINATION OF ORDERS. Participating Entities may terminate an order, in whole or in part, immediately upon notice to Supplier in the event of any of the following events:

1. The Participating Entity fails to receive funding or appropriation from its governing body at levels sufficient to pay for the equipment, products, or services to be purchased; or

2. Federal, state, or provincial laws or regulations prohibit the purchase or change the Participating Entity’s requirements.

E. GOVERNING LAW AND VENUE. The governing law and venue for any action related to a Participating Entity’s order will be determined by the Participating Entity making the purchase.

7. CUSTOMER SERVICE
A. PRIMARY ACCOUNT REPRESENTATIVE. Supplier will assign an Account Representative to Sourcewell for this Contract and must provide prompt notice to Sourcewell if that person is changed. The Account Representative will be responsible for:








 






091521-NAF
Rev. 3/2021 6
x Maintenance and management of this Contract;
x Timely response to all Sourcewell and Participating Entity inquiries; and x Business reviews to Sourcewell and Participating Entities, if applicable.

B. BUSINESS REVIEWS. Supplier must perform a minimum of one business review with Sourcewell per contract year. The business review will cover sales to Participating Entities, pricing and contract terms, administrative fees, sales data reports, supply issues, customer issues, and any other necessary information.

8. REPORT ON CONTRACT SALES ACTIVITY AND ADMINISTRATIVE FEE PAYMENT A. CONTRACT SALES ACTIVITY REPORT. Each calendar quarter, Supplier must provide a contract sales activity report (Report) to the Sourcewell Supplier Development Administrator assigned to this Contract. Reports are due no later than 45 days after the end of each calendar quarter. A Report must be provided regardless of the number or amount of sales during that quarter (i.e., if there are no sales, Supplier must submit a report indicating no sales were made).

The Report must contain the following fields:
x Participating Entity Name (e.g., City of Staples Highway Department); x Participating Entity Physical Street Address;
x Participating Entity City;
x Participating Entity State/Province;
x Participating Entity Zip/Postal Code;
x Participating Entity Contact Name;
x Participating Entity Contact Email Address;
x Participating Entity Contact Telephone Number;
x Sourcewell Assigned Entity/Participating Entity Number; x Item Purchased Description;
x Item Purchased Price;
x Sourcewell Administrative Fee Applied; and
x Date Purchase was invoiced/sale was recognized as revenue by Supplier.

B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell, the Supplier will pay an administrative fee to Sourcewell on all Equipment, Products, and Services provided to Participating Entities. The Administrative Fee must be included in, and not added to, the pricing. Supplier may not charge Participating Entities more than the contracted price to offset the Administrative Fee.

The Supplier will submit payment to Sourcewell for the percentage of administrative fee stated in the Proposal multiplied by the total sales of all Equipment, Products, and Services purchased 






 






091521-NAF
Rev. 3/2021 7
by Participating Entities under this Contract during each calendar quarter. Payments should note the Supplier’s name and Sourcewell-assigned contract number in the memo; and must be mailed to the address above “Attn: Accounts Receivable” or remitted electronically to Sourcewell’s banking institution per Sourcewell’s Finance department instructions. Payments must be received no later than 45 calendar days after the end of each calendar quarter.

Supplier agrees to cooperate with Sourcewell in auditing transactions under this Contract to ensure that the administrative fee is paid on all items purchased under this Contract.

In the event the Supplier is delinquent in any undisputed administrative fees, Sourcewell reserves the right to cancel this Contract and reject any proposal submitted by the Supplier in any subsequent solicitation. In the event this Contract is cancelled by either party prior to the Contract’s expiration date, the administrative fee payment will be due no more than 30 days from the cancellation date.

9. AUTHORIZED REPRESENTATIVE
Sourcewell's Authorized Representative is its Chief Procurement Officer.

Supplier’s Authorized Representative is the person named in the Supplier’s Proposal. If Supplier’s Authorized Representative changes at any time during this Contract, Supplier must promptly notify Sourcewell in writing.

10. AUDIT, ASSIGNMENT, AMENDMENTS, WAIVER, AND CONTRACT COMPLETE A. AUDIT. Pursuant to Minnesota Statutes Section 16C.05, subdivision 5, the books, records, documents, and accounting procedures and practices relevant to this Agreement are subject to examination by Sourcewell or the Minnesota State Auditor for a minimum of six years from the end of this Contract. This clause extends to Participating Entities as it relates to business conducted by that Participating Entity under this Contract.

B. ASSIGNMENT. Neither party may assign or otherwise transfer its rights or obligations under this Contract without the prior written consent of the other party and a fully executed assignment agreement. Such consent will not be unreasonably withheld. Any prohibited assignment will be invalid.

C. AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective until it has been duly executed by the parties.

D. WAIVER. Failure by either party to take action or assert any right under this Contract will not be deemed a waiver of such right in the event of the continuation or repetition of the circumstances giving rise to such right. Any such waiver must be in writing and signed by the parties.







 






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E. CONTRACT COMPLETE. This Contract represents the complete agreement between the parties. No other understanding regarding this Contract, whether written or oral, may be used to bind either party.For any conflict between the attached Proposal and the terms set out in Articles 1-22 of this Contract, the terms of Articles 1-22 will govern.

F. RELATIONSHIP OF THE PARTIES. The relationship of the parties is one of independent contractors, each free to exercise judgment and discretion with regard to the conduct of their respective businesses. This Contract does not create a partnership, joint venture, or any other relationship such as master-servant, or principal-agent.

11. INDEMNITY AND HOLD HARMLESS

Supplier must indemnify, defend, save, and hold Sourcewell and its Participating Entities, including their agents and employees, harmless from any claims or causes of action, including attorneys’ fees incurred by Sourcewell or its Participating Entities, arising out of any act or omission in the performance of this Contract by the Supplier or its agents or employees; this indemnification includes injury or death to person(s) or property alleged to have been caused by some defect in the Equipment, Products, or Services under this Contract to the extent the Equipment, Product, or Service has been used according to its specifications. Sourcewell’s responsibility will be governed by the State of Minnesota’s Tort Liability Act (Minnesota Statutes Chapter 466) and other applicable law.

12. GOVERNMENT DATA PRACTICES
Supplier and Sourcewell must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sourcewell under this Contract and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Supplier under this Contract.

13. INTELLECTUAL PROPERTY, PUBLICITY, MARKETING, AND ENDORSEMENT A. INTELLECTUAL PROPERTY

1. Grant of License. During the term of this Contract:
a. Sourcewell grants to Supplier a royalty-free, worldwide, non-exclusive right and license to use thetrademark(s) provided to Supplier by Sourcewell in advertising and promotional materials for the purpose of marketing Sourcewell’s relationship with Supplier.
b. Supplier grants to Sourcewell a royalty-free, worldwide, non-exclusive right and license to use Supplier’s trademarks in advertising and promotional materials for the purpose of marketing Supplier’s relationship with Sourcewell.

2. Limited Right of Sublicense. The right and license granted herein includes a limited right of each party to grant sublicenses to their respective subsidiaries, distributors, dealers, 






 






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resellers, marketing representatives, and agents (collectively “Permitted Sublicensees”) in advertising and promotional materials for the purpose of marketing the Parties’ relationship to Participating Entities. Any sublicense granted will be subject to the terms and conditions of this Article. Each party will be responsible for any breach of this Article by any of their respective sublicensees.

3. Use; Quality Control.
a. Neither party may alter the other party’s trademarks from the form provided and must comply with removal requests as to specific uses of its trademarks or logos.
b. Each party agrees to use, and to cause its Permitted Sublicensees to use, the other party’s trademarks only in good faith and in a dignified manner consistent with such party’s use of the trademarks. Upon written notice to the breaching party, the breaching party has 30 days of the date of the written notice to cure the breach or the license will be terminated.

4. As applicable, Supplier agrees to indemnify and hold harmless Sourcewell and its Participating Entities against any and all suits, claims, judgments, and costs instituted or recovered against Sourcewell or Participating Entities by any person on account of the use of any Equipment or Products by Sourcewell or its Participating Entities supplied by Supplier in violation of applicable patent or copyright laws.

5. Termination. Upon the termination of this Contract for any reason, each party, including Permitted Sublicensees, will have 30 days to remove all Trademarks from signage, websites, and the like bearing the other party’s name or logo (excepting Sourcewell’s pre-printed catalog of suppliers which may be used until the next printing). Supplier must return all marketing and promotional materials, including signage, provided by Sourcewell, or dispose of it according to Sourcewell’s written directions.

B. PUBLICITY. Any publicity regarding the subject matter of this Contract must not be released without prior written approval from the Authorized Representatives. Publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Supplier individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this Contract.

C. MARKETING. Any direct advertising, marketing, or offers with Participating Entities must be approved by Sourcewell. Send all approval requests to the Sourcewell Supplier Development Administrator assigned to this Contract.

D. ENDORSEMENT. The Supplier must not claim that Sourcewell endorses its Equipment, Products, or Services.







 






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14. GOVERNING LAW, JURISDICTION, AND VENUE
The substantive and procedural laws of the State of Minnesota will govern this Contract. Venue for all legal proceedings arising out of this Contract, or its breach, must be in the appropriate state court in Todd County, Minnesota or federal court in Fergus Falls, Minnesota.

15. FORCE MAJEURE
Neither party to this Contract will be held responsible for delay or default caused by acts of God or other conditions that are beyond that party’s reasonable control. A party defaulting under this provision must provide the other party prompt written notice of the default.

16. SEVERABILITY
If any provision of this Contract is found by a court of competent jurisdiction to be illegal, unenforceable, or void then both parties will be relieved from all obligations arising from that provision. If the remainder of this Contract is capable of being performed, it will not be affected by such determination or finding and must be fully performed.

17. PERFORMANCE, DEFAULT, AND REMEDIES
A. PERFORMANCE. During the term of this Contract, the parties will monitor performance and address unresolved contract issues as follows:

1. Notification. The parties must promptly notify each other of any known dispute and work in good faith to resolve such dispute within a reasonable period of time. If necessary, Sourcewell and the Supplier will jointly develop a short briefing document that describes the issue(s), relevant impact, and positions of both parties.

2. Escalation. If parties are unable to resolve the issue in a timely manner, as specified above, either Sourcewell or Supplier may escalate the resolution of the issue to a higher level of management. The Supplier will have 30 calendar days to cure an outstanding issue.

3. Performance while Dispute is Pending. Notwithstanding the existence of a dispute, the Supplier must continue without delay to carry out all of its responsibilities under the Contract that are not affected by the dispute. If the Supplier fails to continue without delay to perform its responsibilities under the Contract, in the accomplishment of all undisputed work, the Supplier will bear any additional costs incurred by Sourcewell and/or its Participating Entities as a result of such failure to proceed.

B. DEFAULT AND REMEDIES. Either of the following constitutes cause to declare this Contract, or any Participating Entity order under this Contract, in default:

1. Nonperformance of contractual requirements, or

2. A material breach of any term or condition of this Contract. 






 






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The party claiming default must provide written notice of the default, with 30 calendar days to cure the default. Time allowed for cure will not diminish or eliminate any liability for liquidated or other damages. If the default remains after the opportunity for cure, the non-defaulting party may:
x Exercise any remedy provided by law or equity, or
x Terminate the Contract or any portion thereof, including any orders issued against the Contract.

18. INSURANCE

A. REQUIREMENTS. At its own expense, Supplier must maintain insurance policy(ies) in effect at all times during the performance of this Contract with insurance company(ies) licensed or authorized to do business in the State of Minnesota having an “AM BEST” rating of A- or better, with coverage and limits of insurance not less than the following:

1. Workers’ Compensation and Employer’s Liability.

Workers’ Compensation: As required by any applicable law or regulation.

Employer's Liability Insurance: must be provided in amounts not less than listed below:

Minimum limits:
$500,000 each accident for bodily injury by accident
$500,000 policy limit for bodily injury by disease
$500,000 each employee for bodily injury by disease

2. Commercial General Liability Insurance. Supplier will maintain insurance covering its operations, with coverage on an occurrence basis, and must be subject to terms no less broad than the Insurance Services Office (“ISO”) Commercial General Liability Form CG0001 (2001 or newer edition), or equivalent. At a minimum, coverage must include liability arising from premises, operations, bodily injury and property damage, independent contractors, products-completed operations including construction defect, contractual liability, blanket contractual liability, and personal injury and advertising injury. All required limits, terms and conditions of coverage must be maintained during the term of this Contract.

Minimum Limits:
$1,000,000 each occurrence Bodily Injury and Property Damage $1,000,000 Personal and Advertising Injury
$2,000,000 aggregate for Products-Completed operations
$2,000,000 general aggregate

3. Commercial Automobile Liability Insurance. During the term of this Contract, Supplier will maintain insurance covering all owned, hired, and non-owned automobiles in limits of liability not less than indicated below. The coverage must be subject to terms 






 






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no less broad than ISO Business Auto Coverage Form CA 0001 (2010 edition or newer), or equivalent.

Minimum Limits:
$1,000,000 each accident, combined single limit

4. Umbrella Insurance. During the term of this Contract, Supplier will maintain umbrella coverage over Employer’s Liability, Commercial General Liability, and Commercial Automobile.

Minimum Limits:
$2,000,000

5. Network Security and Privacy Liability Insurance. During the term of this Contract, Supplier will maintain coverage for network security and privacy liability. The coverage may be endorsed on another form of liability coverage or written on a standalone policy. The insurance must cover claims which may arise from failure of Supplier’s security resulting in, but not limited to, computer attacks, unauthorized access, disclosure of not public data – including but not limited to, confidential or private information, transmission of a computer virus, or denial of service.

Minimum limits:
$2,000,000 per occurrence
$2,000,000 annual aggregate
Failure of Supplier to maintain the required insurance will constitute a material breach entitling Sourcewell to immediately terminate this Contract for default.

B. CERTIFICATES OF INSURANCE. Prior to commencing under this Contract, Supplier must furnish to Sourcewell a certificate of insurance, as evidence of the insurance required under this Contract. Prior to expiration of the policy(ies), renewal certificates must be mailed to Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or sent to the Sourcewell Supplier Development Administrator assigned to this Contract. The certificates must be signed by a person authorized by the insurer(s) to bind coverage on their behalf.

Failure to request certificates of insurance by Sourcewell, or failure of Supplier to provide certificates of insurance, in no way limits or relieves Supplier of its duties and responsibilities in this Contract.

C. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY INSURANCE CLAUSE. Supplier agrees to list Sourcewell and its Participating Entities, including their officers, agents, and employees, as an additional insured under the Supplier’s commercial general liability insurance policy with respect to liability arising out of activities, “operations,” or “work” performed by or on behalf of Supplier, and products and completed operations of Supplier. The policy provision(s) or endorsement(s) must further provide that coverage is 






 






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primary and not excess over or contributory with any other valid, applicable, and collectible insurance or self-insurance in force for the additional insureds.

D. WAIVER OF SUBROGATION. Supplier waives and must require (by endorsement or otherwise) all its insurers to waive subrogation rights against Sourcewell and other additional insureds for losses paid under the insurance policies required by this Contract or other insurance applicable to the Supplier or its subcontractors. The waiver must apply to all deductibles and/or self-insured retentions applicable to the required or any other insurance maintained by the Supplier or its subcontractors. Where permitted by law, Supplier must require similar written express waivers of subrogation and insurance clauses from each of its subcontractors.

E. UMBRELLA/EXCESS LIABILITY/SELF-INSURED RETENTION. The limits required by this Contract can be met by either providing a primary policy or in combination with umbrella/excess liability policy(ies), or self-insured retention.

19. COMPLIANCE
A. LAWS AND REGULATIONS. All Equipment, Products, or Services provided under this Contract must comply fully with applicable federal laws and regulations, and with the laws in the states and provinces in which the Equipment, Products, or Services are sold.

B. LICENSES. Supplier must maintain a valid and current status on all required federal, state/provincial, and local licenses, bonds, and permits required for the operation of the business that the Supplier conducts with Sourcewell and Participating Entities.

20. BANKRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION
Supplier certifies and warrants that it is not in bankruptcy or that it has previously disclosed in writing certain information to Sourcewell related to bankruptcy actions. If at any time during this Contract Supplier declares bankruptcy, Supplier must immediately notify Sourcewell in writing.

Supplier certifies and warrants that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated by the State of Minnesota; the United States federal government or the Canadian government, as applicable; or any Participating Entity. Supplier certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this Contract. Supplier further warrants that it will provide immediate written notice to Sourcewell if this certification changes at any time. 






 






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21. PROVISIONS FOR NON-UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER

UNITED STATES FEDERAL AWARDS OR OTHER AWARDS
Participating Entities that use United States federal grant or FEMA funds to purchase goods or services from this Contract may be subject to additional requirements including the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 C.F.R. § 200. Participating Entities may have additional requirements based on specific funding source terms or conditions. Within this Article, all references to “federal” should be interpreted to mean the United States federal government.

The following list only applies when a Participating Entity accesses Supplier’s Equipment, Products, or Services with United States federal funds.

A. EQUAL EMPLOYMENT OPPORTUNITY. Except as otherwise provided under 41 C.F.R. § 60, all contracts that meet the definition of “federally assisted construction contract” in 41 C.F.R. § 60-

1.3 must include the equal opportunity clause provided under 41 C.F.R. §60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 C.F.R. §, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 C.F.R. § 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” The equal opportunity clause is incorporated herein by reference.

B. DAVIS-BACON ACT, AS AMENDED (40 U.S.C. § 3141-3148). When required by federal program legislation, all prime construction contracts in excess of $2,000 awarded by nonfederal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. § 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 C.F.R. § 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-federal entity must report all suspected or reported violations to the federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 C.F.R. § 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-federal entity must report all suspected or reported violations to the federal awarding agency. Supplier must be in compliance with all applicable Davis-Bacon Act provisions. 






 






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C. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. § 3701-3708). Where applicable, all contracts awarded by the non-federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. § 5).

Under 40 U.S.C. § 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. This provision is hereby incorporated by reference into this Contract. Supplier certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Supplier must comply with applicable requirements as referenced above.

D. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT. If the federal award meets the definition of “funding agreement” under 37 C.F.R. § 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 C.F.R. § 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency. Supplier certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Supplier must comply with applicable requirements as referenced above.

E. CLEAN AIR ACT (42 U.S.C. § 7401-7671Q.) AND THE FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251-1387). Contracts and subgrants of amounts in excess of $150,000 require the non-federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. § 7401- 7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. § 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).

Supplier certifies that during the term of this Contract will comply with applicable requirements as referenced above.

F. DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689). A contract award (see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R. §180 that implement Executive Orders 12549 (3 C.F.R. § 1986 Comp., p. 189) and 12689 (3 C.F.R. § 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names 






 






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of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Supplier certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency.

G. BYRD ANTI-LOBBYING AMENDMENT, AS AMENDED (31 U.S.C. § 1352). Suppliers must file any required certifications. Suppliers must not have used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Suppliers must disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the non-federal award. Suppliers must file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352).

H. RECORD RETENTION REQUIREMENTS. To the extent applicable, Supplier must comply with the record retention requirements detailed in 2 C.F.R. § 200.333. The Supplier further certifies that it will retain all records as required by 2 C.F.R. § 200.333 for a period of 3 years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed.

I. ENERGY POLICY AND CONSERVATION ACT COMPLIANCE. To the extent applicable, Supplier must comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act.

J. BUY AMERICAN PROVISIONS COMPLIANCE. To the extent applicable, Supplier must comply with all applicable provisions of the Buy American Act. Purchases made in accordance with the Buy American Act must follow the applicable procurement rules calling for free and open competition.

K. ACCESS TO RECORDS (2 C.F.R. § 200.336). Supplier agrees that duly authorized representatives of a federal agency must have access to any books, documents, papers and records of Supplier that are directly pertinent to Supplier’s discharge of its obligations under this Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to Supplier’s personnel for the purpose of interview and discussion relating to such documents.

L. PROCUREMENT OF RECOVERED MATERIALS (2 C.F.R. § 200.322). A non-federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation 






 






091521-NAF
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and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. § 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.

M. FEDERAL SEAL(S), LOGOS, AND FLAGS. The Supplier not use the seal(s), logos, crests, or reproductions of flags or likenesses of Federal agency officials without specific pre-approval.

N. NO OBLIGATION BY FEDERAL GOVERNMENT. The U.S. federal government is not a party to this Contract or any purchase by an Participating Entity and is not subject to any obligations or liabilities to the Participating Entity, Supplier, or any other party pertaining to any matter resulting from the Contract or any purchase by an authorized user.

O. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS. The Contractor acknowledges that 31 U.S.C. 38 (Administrative Remedies for False Claims and Statements) applies to the Supplier’s actions pertaining to this Contract or any purchase by a Participating Entity.

P. FEDERAL DEBT. The Supplier certifies that it is non-delinquent in its repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowance, and benefit overpayments.

Q. CONFLICTS OF INTEREST. The Supplier must notify the U.S. Office of General Services, Sourcewell, and Participating Entity as soon as possible if this Contract or any aspect related to the anticipated work under this Contract raises an actual or potential conflict of interest (as described in 2 C.F.R. Part 200). The Supplier must explain the actual or potential conflict in writing in sufficient detail so that the U.S. Office of General Services, Sourcewell, and Participating Entity are able to assess the actual or potential conflict; and provide any additional information as necessary or requested.

R. U.S. EXECUTIVE ORDER 13224. The Supplier, and its subcontractors, must comply with U.S. Executive Order 13224 and U.S. Laws that prohibit transactions with and provision of resources and support to individuals and organizations associated with terrorism.

S. PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT. To the extent applicable, Supplier certifies that during the term of this Contract it will comply with applicable requirements of 2 C.F.R. § 200.216.

T. DOMESTIC PREFERENCES FOR PROCUREMENTS. To the extent applicable, Supplier certifies that during the term of this Contract will comply with applicable requirements of 2 C.F.R. § 200.322. 






 






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22. CANCELLATION
Sourcewell or Supplier may cancel this Contract at any time, with or without cause, upon 60 days’ written notice to the other party. However, Sourcewell may cancel this Contract immediately upon discovery of a material defect in any certification made in Supplier’s Proposal. Cancellation of this Contract does not relieve either party of financial, product, or service obligations incurred or accrued prior to cancellation.

Sourcewell 72 Hour LLC dba: National Auto
Fleet Group
By: __________________________ By: __________________________ Jeremy Schwartz Jesse Cooper
Title: Chief Procurement Officer Title: Fleet Manager
Date: ________________________ Date: ________________________ Approved:

By: __________________________
Chad Coauette
Title: Executive Director/CEO
Date: ________________________







 












 















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RESO UTBON NO. 2013- 07

A RESOLUTION OF CITY COUNCIL OF THE CITY OF LOS

ALAMITOS, CALIFORNIA, APPROVING THE

VEHICLE/ EQUIPMENT REPLACEMENT POLICY
WHEREAS, the City of Los Alamitos wishes to properly formalize a mechanism for vehicle/ equipment replacement and expenditures from the Fleet Maintenance Fund; and,
WHEREAS, Staff has conducted an intensive research to determine the best " practical policy that would serve the City of Los Alamitos and was able to develop a policy that incorporates all the City departments' needs for vehicles and equipment; and,
WHEREAS, the policy identifies timely budgeting procedures for ail departments, a replacement schedule that is based upon mileage and age, and a spreadsheet for determining internal charge rates; and,
WHEREAS, the policy will provide guidelines for vehicle replacement and allow for improved budgeting and planning with regard to the City' s fleet of vehicles.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LOS ALAMITOS DOES RESOLVE AS FOLLOWS:

SECTION 1. The City Council of the City of Los Alamitos, California, finds that the above recitals are true and correct.

SECTION 2. The City Council hereby approves the attached Vehicle/ Equipment Replacement Policy ( Exhibit A).

SECTION 3. The City Clerk shall certify as to the adoption of this Resolution.

PASSED, APPROVED, AND ADOPTED this 15t" day of April, 2013.

Warren Kusumoto, ayor
ATTEST:
indmera Quintanar, C C, Ci y-Cl rk

APPROVED AS TO FORM:
d`-'""
Steve Skolnik, Interim City Attorney

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss

CITY OF LOS ALAMITOS )
I, Windmera Quintanar, CMC, City Clerk of the City of Los Alamitos, do hereby certify that the foregoing Resolution was adopted at a meeting of the City Council held on the 15th day of April, 2013, by the following vote to wit:

AYES: COUNCILMEMBERS: Grose , Murnhy, Graham- D4ejia
NOES: COUNCILMEMBERS: Edgar , Kusumoto
ABSENT: COUNCILMEMBERS: None
ABSTAIN: COUNCILMEMBERS:
on
v
indme Quintanar, CMC, City C erk
CC RESO 2013- 07

Exhibit A

CITY OF LOS ALAMITOS

FLEET MAINTENANCE DIVISION
Vehicie/ Equipment Replacement
Guidelines/ Procedures

MISSION
The Public Works Fleet Maintenance Division' s mission is to provide and maintain the most appropriate, safe, reliable, and clean vehicles/ equipment allowing departments to better serve the residents.

OBJECTIVES
The objective of this vehiclelequipment replacement guidelinelprocedure is to promote an orderly system of funding, purchasing and managing a standardized fieet replacement process and to plan future departmental transportation requirements.

GENERAL
All City vehicles/ equipment acquired and maintained by Public Works Fleet Maintenance Division are recommended for replacement in accordance with this guideline/ procedure and all departments are responsible for complying with these guidelines/ procedures. Priority will be given to those departments whose services relate to public health, safety, and law enforcement.

As vehicles/equipment reach the targeted mileage and age of replacement criteria, a vehicle/ equipment maintenance evaluation wiil be performed by Public Works Fieet Maintenance Division. If the evaluation proves the vehicle/equipment would be economical to retain for an additionai year(s), the vehicle/ equipment will be targeted for retention or reassignment.

ACQUISITION
The Pubiic Works Fleet Maintenance Division is responsible for acquiring all City vehicies/ equipment with the approval of the City Council. Vehicles/ equipment are to be purchased using one of the following criteria:

Utilizing the " Piggy Back" process whenever possible, as more vehicles can be acquired at lower prices; or
CC RESO 2013- 07

EXn b t a
Request for Proposal ( RFP) process as outlined in Section 2. 60. 030 of the City' s Municipal Code; or
Purchases at an auction ( will require City Council pre- approval). The City Council will set a predetermined spending cap. The purchase decision wiil be made by the Public Works Superintendent.

Before any order is placed, the Public Works Fleet Maintenance Division and the user department will jointly review department requirements and vehicle/ equiprnent specifications. It is the Public Works Fleet Maintenance Division' s goal to select the proper vehicle/ equipment for the department. Suitability and appropriateness for the job intended, balanced by initial cost, depreciation/ resale vaBue, and maintenance repair factors are the primary factors for the review process. Compatibility with the rest of the fleet, fuel economy, safety/ repair records, and serviceability are also important considerations.

Once the replacement cycle is complete, the replaced vehicle/ equipment is evaluated for reassignment as a " low usage" vehicle to another department or declared surplus and sold at auction.

RETENTION or REASSIGNMENT
in some cases, it may be beneficial to reassign vehicies/ equipment to other departments that have " Iow usage" requirements. These decisions are made on a case by case basis between the Public Works Superintendent and the director of the department to which the vehicle is to re- assigned. The vehicle/ equipment must have one third of its life expectancy remaining ( years and mileage} and show a direct cost savings to the budget. Exception to this rule is if the vehicle/equipment in question has had major repairs completed within the past 12 months, deeming it reliable for use by the Fleet Maintenance Division.

ADDITIONS TO THE F EET
Additions are defined as any increase in the totai number of vehicies/ equipment assigned to a City' s department. Additions to the fleet are to be requested by City departments via a Vehicle/ Equipment Request Form and approved by the Department Head before submitting to the Public Works Fleet Maintenance Division.

REPLACED VEHICLE/EQUIPMENT
Replaced vehicles/ equipment that are not reassigned to another City department are to be declared surplus by the City Council. After the equipment is declared surplus, the Fleet Maintenance Division shall dispose of it in a manner best serving the interest of the City, which include:

CC RESO 2013-07

Exhibif A
Pubiic auction; or
Sale or transfer to other governmental entities; or
Sale or transfer to nonprofit entities

MID- YEAR REQUESTS
If a department desires to add or replace a vehic e/ equipment to the fleet, outside of the annual vehicle replacement request process, a completed Vehicle/ Equipment Request Form shail be submitted for processing. In addition to the Vehicle/ Equipment Request Form, a budget amendment request for funding may be needed. This request is to be submitted by November 1St of that year.

VEHICLE/ EQUIPMENT REQUEST CYCLE
The Public Works Fleet Maintenance Division initiates the vehicle/ equipment request cycle each year in February when departments are asked to submit requests for additional or replacement vehicleslequipment. Requests are reviewed and prioritized based on the vehicle or equipmenYs inspection report. Throughout February and March, the Public Works Fleet Maintenance Division works with departments to recommend a vehicle/equipment replacement list based on the strategic budget outlook and the total vehicle/ equipment replacement liability. In May, the Public Works Superintendent prepares the annual vehicle/ equipment replacement request for budget consideration from City Council.

REPLACEMENT CRITERIA*
Timely replacement ensures that vehicles/equipment are replaced once the life cycle, or economic costs, reach a minimum. The guidelines for vehicies/ equipment replacement are, but not limited to:

Predetermined age and/ or mileage
Mechanical condition
State of technology
Availability of replacement parts
Anticipated depreciation
Resale value
Operation costs
Safety standards
Departmental needs
Overall appearance
CC RESO 2013- 07

Exhibit A
The Public Works Fleet Maintenance Division recommends replacement of vehicles or equipment based on the above criteria met for each class of vehicie. A technical/ maintenance evaluation of requested replacement vehicles/ equipment will be perFormed by Pubiic Works Fleet Maintenance staff before each vehicle/ equipment is recommended for replacement. The targeted replacement cycles, in terms of years and miles, are as follows

DESCRIPTION AGE/MILES
Law Enforcement
Sedan — Patrol 4 yrs./ 75, 000 miles
SUV— Patrol 5 yrs./ 100, 000 miles
Detective/ Unmarked 5 yrs./75, 000 miles
Motorcycle 4 yrs./75, 000 miles
Administrative — Passenger 10 yrs./ 90, 000 miles
Light Duty Trucks
Sports Utility 10 yrs./90, 000 miles
Pickup & 4 x 4 10 yrs./ 95, 000 miles
Medium & Heavy Duty Trucks 15 yrs./ 100, 000 miles
Miscellaneous Equipment
Trailers By condition
Mowers (tractor style) By condition
The above vehicle replacement criteria are from Local Agency Surveys and City of Los Alamitos historicai data.

CC RESO 2013- 07

City of Los Alamitos

CITY COUNCIL AGENDA REPORT
MEETING DATE: October 17, 2022 ITEM NUMBER: 11A
To: Mayor Shelley Hasselbrink & Members of the City Council Presented By: Ron Noda, Development Services Director
Subject: 2022 Building Standards Code and Fire Code Adoption

SUMMARY
The State’s Health and Safety Code requires local governments to adopt the most recent editions of the model codes related to construction. Every three years the State of California adopts model building codes. The 2022 California Building Standards Code will take effect on January 1, 2023. The City is charged with adopting local amendments necessary for local conditions before the end of the year in order for the amendments to be effective.

RECOMMENDATION

1. Waive reading in full and authorize reading by title only of Ordinance No. 2022-05, and Ordinance No. 2022-06; and,

2. Set Ordiance No. 2022-05 and Ordinance 2022-06 for second reading at a Public Hearing on November 14, 2022; and,

3. City Attorney Daudt read the title of Ordinance No. 2022-05, entitled, "AN ORDINANCE OF

THE CITY COUNCIL OF THE CITY OF LOS ALAMITOS, CALIFORNIA, AMENDING CHAPTER 15.04 OF TITLE 15 OF THE LOS ALAMITOS MUNICIPAL CODE AND ADOPTING THE 2022 EDITION OF THE CALIFORNIA BUILDING STANDARDS CODE (CALIFORNIA CODE OF REGULATIONS, TITLE 24) CONSISTING OF: THE 2022 CALIFORNIA ADMINISTRATIVE CODE; THE 2022 CALIFORNIA BUILDING CODE, INCLUDING APPENDIX J; THE 2022 CALIFORNIA RESIDENTIAL CODE, INCLUDING APPENDICES H AND V; THE 2022 CALIFORNIA ELECTRICAL CODE; THE 2022 CALIFORNIA MECHANICAL CODE; THE 2022 CALIFORNIA PLUMBING CODE; THE 2022 CALIFORNIA ENERGY CODE; THE 2022 CALIFORNIA HISTORICAL BUILDING CODE; THE 2022 CALIFORNIA EXISTING BUILDING CODE; THE 2022 CALIFORNIA GREEN BUILDING STANDARDS CODE; AND THE 2022 CALIFORNIA REFERENCED STANDARDS CODE, TOGETHER WITH CERTAIN AMENDMENTS, ADDITIONS, AND DELETIONS; AND ADOPTING THE 2021 INTERNATIONAL PROPERTY MAINTENANCE CODE AND THE 2021

INTERNATIONAL SWIMMING POOL AND SPA CODE, TOGETHER WITH CERTAIN AMENDMENTS, ADDITIONS, AND DELETIONS"; and,

4. City Attorney Daudt read the title of Ordinance No. 2022-06, entitled, “AN ORDINANCE OF

THE CITY COUNCIL OF THE CITY OF LOS ALAMITOS, CALIFORNIA, DELETING CHAPTER 15.08 OF THE LOS ALAMITOS MUNICIPAL CODE AND ADDING A NEW

CHAPTER 15.08 ADOPTING BY REFERENCE THE 2022 EDITION OF THE CALIFORNIA FIRE CODE (TITLE 24, PART 9) WITH APPENDICES AND AMENDMENTS THERETO".

BACKGROUND
The State’s Health and Safety Code (Section 17958) mandates that the California Building Standards Commission adopt and publish the California Building Standards Code (Title 24 California Code of Regulations) every three years. The 2022 Edition of the California Code of Regulations Title 24, which incorporates the below-listed model codes, becomes effective on January 1, 2023. The State of California Building Standards Commission has adopted the 2022 California Building Standards Code, which includes the following codes:

California Building Standards Code Reference Model Code 2022 California Building Code 2021 International Building Code (ICC) 2022 California Residential Code 2021 International Residential Code (ICC) 2022 California Green Building
Standards Code
2022 California Plumbing Code 2021 Uniform Plumbing Code (IAPMO) 2022 California Mechanical Code 2021 Uniform Mechanical Code (IAPMO) 2022 California Electrical Code 2020 National Electrical Code (NFPA) The construction codes proposed for adoption by reference or with amendments include the following:
2022 California Administrative Code
2022 California Building Code
2022 California Residential Code
2022 California Green Building Standards Code
2022 California Energy Code
2022 California Plumbing Code
2022 California Mechanical Code
2022 California Electrical Code
2022 California Existing Building Code
2022 California Historical Building Code
2022 California Referenced Standards Code
2021 International Property Maintenance Code
2021 International Swimming Pool and Spa Code
The Development Services Department is recommending that changes and modifications be made to the above referenced codes, and such changes are reasonably necessary due to local climatic, topographic and geographic conditions in Los Alamitos. Other modifications are of an administrative or procedural nature and concern themselves with subjects that are not covered by the codes or are reasonably necessary to safeguard life and property within the city.

DISCUSSION
The attached ordinance sets forth the necessary findings to enable the City to amend the new

construction codes to reflect our local conditions. The attached ordinance incorporates the following amendments to reflect our local conditions:

1. Roofing Materials: Due to the serious hazard of rapid fire spread in local high winds, minimum Class B roof covering is specified and the use of untreated wood roofs is prohibited for new buildings and re-roofing of existing buildings. This provision already exists from the previous code adoption cycle. (Building Code Section 1505 and Residential Code Section R902)

2. Concrete and Masonry Foundation Walls: Due to the high seismic area in Orange County, prescriptive design of concrete and masonry foundation walls that are laterally supported at the top and bottom is prohibited. (Building Code Section 1807.1.6)

3. Swimming Pool Barrier: The warm, dry climate in the region is conducive to swimming pools which create a higher probably of child drowning where pools are unprotected. This provision already exists from the previous code adoption cycle. (Building Code Section 3109.2 and Residential Code Appendix V)

4. Small Wire Installation: Due to frequent improper installation of certain conductor material, additional provisions are required to minimize shock or fire hazard. These provisions already exist from the previous code adoption cycle. (Electrical Code Article 310.106(B) and 310.121)
The proposed amendments are consistent with the Orange County Code Uniformity Group and have the support of the Orange County Building Industry Association. The remainders of the proposed amendments are administrative or procedural in nature, such as defining the size of addresses for the Building Code to be consistent with the requirements of our Los Alamitos Municipal Code.

Orange County Fire Authority (OCFA) changes
Orange County Fire Authority is providing amendments to the code with the goals to maximize alignment between OCFA and State-adopted requirements and to reduce amendments to only those that are necessary and practical to ensure that they:
a. Address local conditions (climate, geology, topography). b. Are necessary from a life-safety/firefighting/fire prevention standpoint. c. Are necessary from an administrative standpoint, and/or practical from an enforcement standpoint.

For this round of Code adoption there are 75 amendments summarized by OCFA as follows:
 48 are being carried forward either as-is or with minor clerical/editorial changes.  2 are revisions to the language set forth with the 2022 amendments. o 12 are items being deleted, some of which address mobile fueling (specifically prohibiting on-demand mobile fueling) and specifications for battery charging systems.
o 2 are new amendments that address the outdoor piling of combustible materials at commercial facilities.

Tonight is the first reading of the proposed Ordinances. The second reading will be occur during a Public Hearing at the next City Council meeting. Following the second reading and adoption, the Ordinances would go into effect 30 days after adoption.

FISCAL IMPACT
None.

Attachment: 1. Ordinance 2022-05 - Building Code

2. Ordinance 2022-06 - Fire Code

1726628.1
ORDINANCE NO. 2022-05

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LOS ALAMITOS, CALIFORNIA, AMENDING CHAPTER 15.04 OF TITLE 15 OF THE LOS ALAMITOS MUNICIPAL CODE AND ADOPTING THE 2022 EDITION OF THE

CALIFORNIA BUILDING STANDARDS CODE (CALIFORNIA CODE OF
REGULATIONS, TITLE 24) CONSISTING OF: THE 2022 CALIFORNIA ADMINISTRATIVE CODE; THE 2022 CALIFORNIA BUILDING CODE, INCLUDING APPENDIX J; THE 2022 CALIFORNIA RESIDENTIAL CODE, INCLUDING APPENDICES AX; THE 2022 CALIFORNIA ELECTRICAL CODE; THE 2022 CALIFORNIA MECHANICAL CODE; THE 2022
CALIFORNIA PLUMBING CODE; THE 2022 CALIFORNIA ENERGY CODE; THE 2022 CALIFORNIA HISTORICAL BUILDING CODE; THE 2022
CALIFORNIA EXISTING BUILDING CODE; THE 2022 CALIFORNIA GREEN BUILDING STANDARDS CODE; AND THE 2022 CALIFORNIA

REFERENCED STANDARDS CODE, TOGETHER WITH CERTAIN
AMENDMENTS, ADDITIONS, AND DELETIONS; AND ADOPTING THE 2021 INTERNATIONAL PROPERTY MAINTENANCE CODE AND THE 2021

INTERNATIONAL SWIMMING POOL AND SPA CODE, TOGETHER WITH CERTAIN AMENDMENTS, ADDITIONS, AND DELETIONS.

WHEREAS, pursuant to California Government Code Section 50022.1 et seq., the City of Los Alamitos ("City") may adopt by reference the California Building Standards Code, 2022 Edition, as provided in Title 24 of the California Code of Regulations; the 2021 International Property Maintenance Code and the 2021 International Swimming Pool and Spa Code; and,
WHEREAS, the California Building Standards Commission recently adopted new amendments to the California Building Standards Code, which will become effective statewide on January 1, 2023; and,
WHEREAS, California Health & Safety Code Sections 17958 et seq., and 18941.5 authorize cities 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, based upon the recommendations of the Building Official, the City Council finds that the proposed amendments to the 2022 California Building Standards Code set forth in this Ordinance, which are more restrictive than the standards adopted by the California Building Standards Commission, would decrease the potential incidence of property damage, injury and death due to fires and earthquakes, and are reasonable and necessary to mitigate local climatic, geological or topographical conditions; and, WHEREAS, on October 17, 2022, the City Council introduced this Ordinance for first reading at a regular meeting of the City Council, and set a public hearing and second reading of the Ordinance for November 14, 2022; and,
WHEREAS, the City Council held a public hearing on November 14, 2022, at which time all interested persons had the opportunity to appear and be heard on the matter of

CC ORD 2022-05

1726628.1
adopting the 2022 California Building Standards Code as amended herein, as well as, the adoption of the 2021 International Property Maintenance Code and the 2021 International Swimming Pool and Spa Code; and,
WHEREAS, pursuant to Government Code Section 6066, the City published notice of the aforementioned public hearing; and,
WHEREAS, any and all other legal prerequisites relating to the adoption of this Ordinance have occurred.

THE CITY COUNCIL OF THE CITY OF LOS ALAMITOS, CALIFORNIA, DOES ORDAIN AS FOLLOWS:

SECTION 1. Findings.

A. Health and Safety Code Section 17958 et seq., authorizes the City to adopt ordinances and regulations imposing the same requirements as are contained in the California Building Standards Code (California Code of Regulations, Title 24) adopted by the State pursuant to Health and Safety Code Section 17922. Health and Safety Code Sections 17958.5 and 18941.5 permit the City to make changes or modifications to the California Building Standards as are reasonably necessary because such changes or modifications are needed due to climatic, geographic, or topographic conditions.

B. The Fire Official and City Building Official recommend that certain changes and modifications to the 2022 California Building Standards are reasonably necessary due to local conditions within the City, certain changes and modifications are of an administrative or procedural nature or concern themselves with subjects not covered by the California Building Standards Code, and certain changes and modifications are reasonably necessary to safeguard life and property within the City of Los Alamitos.

C. Findings of local conditions are set forth in Exhibit “A” of this Ordinance and incorporated herein by reference. Such findings demonstrate the need for amendments to the 2022 California Building Standards are reasonably necessary because of local climatic, geological, or topographical conditions.

SECTION 2. Chapter 15.04 of the Los Alamitos Municipal Code is hereby amended and restated in its entirety to read as follows:

Chapter 15.04 BUILDING CODES

15.04.010 Construction codes adopted.

15.04.020 Amendments to the 2022 California Building Code.

15.04.030 Amendments to the 2022 California Residential Code.

15.04.040 Amendments to the 2022 California Electrical Code.

15.04.050 Amendments to the 2021 International Property Maintenance Code.

CC ORD 2022-05

1726628.1

15.01.060 Amendments to the 2021 International Swimming Pool and Spa Code.

15.04.010 Construction codes adopted.

A. For the purpose of prescribing regulations for erecting, construction, enlargement, alteration, repair, improving, removal, conversion, demolition, occupancy, maintenance, equipment uses, height, and area of buildings and structures, the following construction codes subject to the modifications set forth in this Chapter, are hereby adopted:

1. The 2022 California Administrative Code (Title 24, Part 1);

2. The 2022 California Building Code (Title 24, Part 2), including the administrative provisions included in Division II of Chapter 1 and Appendix J, based on the 2021 International Building Code as published by the International Code Council;

3. The 2022 California Residential Code (Title 24, Part 2.5), including Appendix AX, based on the 2021 International Residential Code as published by the International Code Council;

4. The 2022 California Electrical Code (Title 24, Part 3), based on the 2020 National Electrical Code as published by the National Fire Protection Association;

5. The 2022 California Mechanical Code (Title 24, Part 4), based on the 2021 Uniform Mechanical Code as published by the International Association of Plumbing and Mechanical Officials;

6. The 2022 California Plumbing Code (Title 24, Part 5), based on the 2021 Uniform Plumbing Code as published by the International Association of Plumbing and Mechanical Officials;

7. The 2022 California Energy Code (Title 24, Part 6);

8. The 2022 California Historical Building Code (Title 24, Part 8);

9. The 2022 California Existing Building Code (Title 24, Part 10), based on the 2021 International Existing Building Code as published by the International Code Council;

10. The 2022 California Green Building Standards Code (Title 24, Part 11);

11. The 2022 California Referenced Standards Code (Title 24, Part 12);

12. The 2021 International Property Maintenance Code as published by the International Code Council; and

13. The 2022 International Swimming Pool and Spa Code as published by the International Code Council.

B. The Codes set forth in A.1 through A.13, as amended by this chapter shall constitute the Building Regulations of the City of Los Alamitos and shall be known as the City of Los Alamitos Building Code.

CC ORD 2022-05

1726628.1
C. One (1) copy of all the above construction codes shall be kept on file in the office of the Building Official pursuant to Health and Safety Code Section 18942 (d)(1) and made available for public inspection.

D. References in Documents and Continuing Legal Effect. References to prior editions of the Building Standards Code or the Municipal Code sections amended herein that are cited on notices issued by the City or other documents of ongoing or continuing legal effect, including specifically resolutions adopting or imposing fees or charges, until converted, are deemed to be references to the new counterpart 2022 Building Standards Code or amended Municipal Code sections for the purposes of notice and enforcement. The provisions adopted hereby shall not in any manner affect deposits, established fees or other matters of record which refer to, or are otherwise connected with, ordinances which are specifically designated by number, code section or otherwise, but such references shall be deemed to apply to the corresponding provisions set forth in the 2022 Building Standards Code adopted hereby. Any fee authorized by the above-referenced construction codes which was in effect in the city at the time of the adoption of this ordinance need not be re-adopted by resolution, and shall continue in effect, and remain unadjusted in amount unless and until the City Council adopts a resolution repealing the fee or establishing a different fee.

15.04.020 Amendments to the 2022 California Building Code.

Section 101.1 Title is amended to read as follows:

These regulations shall be known as the Building Code of City of Los Alamitos, hereinafter referred to as “this code.”
Section 101.4 Referenced code is deleted in its entirety (including sections 101.4.1, 101.4.2, 101.4.3, 101.4.4, 101.4.5, 101.4.6 and 101.4.7), and replaced with the following:
101.4. Referenced Codes. The California Codes listed in Section 1 of this Ordinance shall be considered part of the requirements of this code to the extent of each such reference.

Section 104.8 Liability is amended by adding a sentence to the end of the paragraph to read as follows:

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

Section 105.2 Work exempt from a permit is amended by amending the following categories of work that are exempt from a building permit:

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A. Section 105.2 “Building” Item 1 is amended to read as follows:

1. One story detached accessory structures used as storage sheds, playhouses or similar uses, provided the floor area is not greater than 120 square feet and the ceiling height is not over 7 feet.

B. Section 105.2 “Building” Item 2 is amended to read as follows:

2. Fences not over seven feet high and block walls not over three feet high.

C. Section 105.2 “Building” Item 4 is amended to read as follows:

4. Retaining walls which are not over four feet (1,219 mm) in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or impounding Class I, II or III-A liquids.

D. Section 105.2 “Building” Item 9 is amended to read as follows:

9. Prefabricated swimming pools accessory to a Group R occupancy that are less than 18 inches deep, do not exceed 5,000 gallons and are installed entirely above ground.

Section 105.5 Expiration is amended to read as follows:
105.5. Expiration. Every permit issued shall become invalid unless the work on the site authorized by such permit is commenced within 12 months and, after its issuance, or if the work authorized on the site by such permit is suspended, abandoned or uncompleted for a period of 180 days after the work has commenced or 180 days past the last required inspection. The building official is authorized to grant one extension of time for not more than 180 days. The extension shall be requested in writing and justifiable cause demonstrated. No permit shall be extended more than once.

If work has been suspended or abandoned past 180 days, the permit shall be expired, and new permit(s) issued. The fee for such renewal of permit(s) shall be one half of the original permit fee or one half of the fee of the current adopted fee schedule at the time of renewal. Permits which have been abandoned and require only final inspection may be reissued at minimum fee or as determined by the building official.

Section 105.8 Reconstruction is added to read as follows:
105.8. Reconstruction. If the value of the reconstruction (or renovation) of a building is equal to or exceeds 75 percent of the existing habitable square footage of the building, the entire building shall comply with the code provisions for new construction. The value of the reconstruction (or renovation) for a property shall

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include the value of all construction stemming from construction-related permits issued within the last two years.

Section 107.3 Examination of documents is amended to read as follows:

The building official shall examine or cause to be examined the accompanying submittal documents and shall ascertain by such examinations whether the construction indicted and described is in accordance with the requirements of this code and other pertinent laws or ordinances.

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

Section 113.1 General is amended to read as follows:
113.1 General. In order to hear and decide appeals of orders, decisions or determinations made by the Building Official relative to the application and interpretation of this code, there shall be and is hereby created a Board of Appeals.

The Board of Appeals shall consist of five members and composed of the Mayor and the other members of the City Council. Said members shall hold their respective membership on said Board of Appeals by reason of, and concurrently with their terms of service as Council members and shall cease to be such members upon their ceasing to be Council members. The Building Official shall be the Secretary of the Board. The Board may adopt reasonable rules and regulations for conducting its investigations and shall render all its decisions and findings on contested matters in writing to the Building Official, with duplicative copy thereof to any appellant or contestant affected by any such decision of finding.

Three members of the Board shall constitute a quorum. The Mayor shall be the presiding Officer of the Board. Meetings shall be conducted in accordance with the Brown Act.

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

Section 113.3 Qualifications is deleted in its entirety without replacement.

Section 202 General Definitions is amended by adding the following definitions:

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

SWIMMING POOL. Any body of water created by artificial means which is designed, intended for use, or used for swimming or immersion purposes, which

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has a water depth exceeding 18 inches. The term, “pool,” includes swimming pools, spas, hot tubs, above-and below-ground, and vinyl-lined pools; pool does not include plumbing fixtures such as bathtubs nor does it apply to man-made lakes, reservoirs, farm ponds, or ponds used primarily for public park purposes, water conservation purposes, irrigation purposes or for the watering of livestock.

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

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

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

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

Section 502.1 Address identification is amended to read as follows:
[F] 502.1 Address identification. New and existing buildings shall be provided with approved address identification. The address identification shall be legible and placed in a position that is visible from the street or road fronting the property.

Address identification characters shall contrast with their background. Address numbers shall be Arabic numbers or alphabetical letters. Numbers shall not be spelled out. Each character shall be not less than 4 inches in height with a stroke width of not less than 0.5 inch. For R-3 and other occupancies the numbers shall be a minimum of 6 inches high with a minimum stroke width of 1 inch. Where required by the fire code official, address identification shall be provided in additional approved locations to facilitate emergency response. Where access is by means of a private road and the building address cannot be viewed from the public way, a monument, pole or other sign or means shall be used to identify the structure. Address identification shall be maintained.

Section 903.2 Where required is amended to read as follows:
[F] 903.2 Where required. Approved automatic sprinkler systems in buildings and structures shall be provided in the following locations:

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

Exception: Group R-3 occupancies. Group R-3 occupancies shall comply with California Residential Code Section R313.2.

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2. Existing buildings: Notwithstanding any applicable provisions of this code, an automatic sprinkler system shall be provided in an existing building when an addition occurs and when one of the following conditions exists:
a. When the addition is 33% or more of the existing building area and the resulting building area, as defined in Section 202, exceeds 5000 square feet (465 m2); or b. When the addition exceeds 2,000 square feet (185.81 m2) and the resulting building area, as defined in Section 202, exceeds 5,000 square feet (465 m2); or c. An additional story is added above the second floor regardless of fire areas or allowable area.

Section 903.3.5.3 Hydraulically calculated systems is added to read 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.

Section 1505.1 General is amended, by the deletion of Table 1505.1 and the addition of a new Table 1505.1 thereto, to read as follows:

TABLE 1505.1a

MINIMUM ROOF COVERING CLASSIFICATIONS

TYPES OF CONSTRUCTION
90 100 110 120 130 140 150 PSI
85 80
75 Design %
TABLE 903.3.5.3
Hydraulically Calculated Systems

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IA IB IIA IIB IIIA IIIB IV VA VB

B B B B B B B B B
For SI: 1 foot = 304.8 mm, 1 square foot = 0.0929 m2.
a. Unless otherwise required in accordance with Chapter 7A.

Section 1505.1.2 Roof coverings within all other areas is 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 1803.1.1.1 Preliminary soils report is amended to add the following:

The Building Official may require a geologic or geotechnical report or both, in accordance with the 2022 California Building Code; a geologic report shall be prepared by a Certified Engineering Geologist licensed by the State of California.

A geotechnical report shall be prepared by a registered Civil Engineer versed in soils engineering and qualified to perform this work. When both a geotechnical and geologic report are required, the two reports shall be coordinated before submission to the Building Official. The Building Official, at his/her discretion shall obtain any technical support necessary to approve the report. Submitted reports shall contain a finding regarding the safety of the site from any variety of geologic hazard and a finding regarding the effect the proposed improvements, grading and/or construction and use of the site will have on the stability of the site and/or property outside the site. Any recommendation or action presented in the approved reports along with any conditions of approval shall be incorporated into the construction of site improvements. A fee shall be collected for the cost of review of the reports and any required addendums.

Section 1807.1.6 Prescriptive design of concrete and masonry foundation walls is amended to read as follows:
1807.1.6 Prescriptive design of concrete and masonry foundation walls.

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

Section 3109.1.1 Construction permit; safety features required is added to read as follows:

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3109.1.1 Construction permit; safety features required. New or remodeled pools or spas, at a private single-family home, shall have an enclosure complying with the amended California Residential Code Appendix AX.

15.04.30 Amendments to the 2022 California Residential Code.

Section R105.5 Expiration is amended to read as follows:

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

Section R105.10 Reconstruction is added to read as follows:

R105.10 Reconstruction. If the value of the reconstruction (or renovation) of a building is equal to or exceeds 75 percent of the habitable square footage of the building, the entire building shall comply with the code provisions for new construction. The value of the reconstruction (or renovation) for a property shall include the value of all construction stemming from construction-related permits issued within the last two years.

Table R301.2 Climatic and Geographic Design Criteria is amended to read as follows:

MANUAL J DESIGN CRITERIA n

ELEVATION LATITUDE WINTER

HEATING
SUMMER

COOLING

ALTITUDE

CORRECTION
FACTOR

INDOOR DESIGN

TEMPERATURE

DESIGN TEMPURATURE

COOLING

HEAT TEMPERATURE

DIFFERENCE
30 34 37 91 70 75

COOLING

TEMURATURE

DIFFERENCE

WIND VELOCITY

HEATING

WIND VELOCITY

COOLING

COINCIDENT WET

BULB DAILY RANGE WINTER HUMIDITY SUMMER HUMIDITY
7 69 27 7 (50% RH)
For SI: 1 pound per square foot = 0.0479 kPa, 1 mile per hour = 0.447 m/s. a. Weathering may require a higher strength concrete or grade of masonry than necessary to satisfy the structural requirements of this code. The weathering column shall be filled in with the weathering index (i.e., "negligible," "moderate" or "severe") for concrete as

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determined from the Weathering Probability Map [Figure R301.2(3)]. The grade of masonry units shall be determined from ASTM C 34, C 55, C 62, C 73, C 90, C 129, C 145, C 216 or C 652.
b. The frost line depth may require deeper footings than indicated in Figure R403.1(1). The jurisdiction shall fill in the frost line depth column with the minimum depth of footing below finish grade.
c. The jurisdiction shall fill in this part of the table to indicate the need for protection depending on whether there has been a history of local subterranean termite damage. d. The jurisdiction shall fill in this part of the table with the wind speed from the basic wind speed map [Figure R30l.2(4)].Wind exposure category shall be determined on a sitespecific basis in accordance with Section R301.2.1.4. e. The outdoor design dry-bulb temperature shall be selected from the columns of 971/2- percent values for winter from Appendix D of the California Plumbing Code. Deviations from the Appendix D temperatures shall be permitted to reflect local climates or local weather experience as determined by the Building Official. f. The jurisdiction shall fill in this part of the table with the seismic design category determined from Section R301.2.2.1.
g. The City of Los Alamitos does have a Flood Hazards Zone. h. In accordance with Sections R905.2.7.1, R905.4.3.1, R905.5.3.1, R905.6.3.1, R905.7.3.1 and R905.8.3.1, where there has been a history of local damage from the effects of ice damming, the jurisdiction shall fill in this part of the table with "YES." Otherwise, the jurisdiction shall fill in this part of the table with "NO." i. The jurisdiction shall fill in this part of the table with the 100-year return period air freezing index (BF-days) from Figure R403.3(2) or from the l00-year (99%) value on the National Climatic Data Center data table "Air Freezing Index- USA Method (Base 32°)" at www.ncdc.noaa.gov/fpsf.htrnl.
j. The jurisdiction shall fill in this part of the table with the mean annual temperature from the National Climatic Data Center data table "Air Freezing Index-USA Method (Base 32°F)" at www.ncdc.noaa.gov/fpsf.html.
k. In accordance with Section R301.2.1.5, where there is local historical data documenting structural damage to buildings due to topographic wind speed-up effects, the jurisdiction shall fill in this part of the table with "YES." Otherwise, the jurisdiction shall indicate "NO" in this part of the table.
l. In accordance with Figure R301.2(4)A, where there is local historical data documenting unusual wind conditions, the jurisdiction shall fill in this part of the table with “YES” and identify any specific requirements. Otherwise, the jurisdiction shall indicate “NO” in this part of the table.
m. In accordance with Section R301.2.1.2.1, the jurisdiction shall indicate the wind-borne debris wind zone(s). Otherwise, the jurisdiction shall indicate “NO” in this part of the table. n. The jurisdiction shall fill in these sections of the table to establish the design criteria using Table 1a or 1b from ACCA Manual J or established criteria determined by the jurisdiction. o. The jurisdiction shall fill in this section of the table using the Ground Snow Loads in Figure R301.2 (6).

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

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

Section R313.1 Townhouse automatic fire sprinkler systems is amended by

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modifying the exception to read as follows:

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

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

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

Section R313.3.6.2.2 Calculation procedure is amended to read as follows:

Section R313.3.6.2.2 Calculation procedure. Determination of the required size for water distribution piping shall be in accordance with the following procedure and California Fire Code Section 903.3.5.
(The remainder of the section is unchanged)
Section R319.1 Address identification is amended to read as follows:

R319.1 Address identification. New and existing buildings shall be provided with approved address identification. The address identification shall be legible and placed in a position that is visible from the street or road fronting the property.

Address identification characters shall contrast with their background. Address numbers shall be Arabic numbers or alphabetical letters. Numbers shall not be spelled out. Each character shall be not less than 6 inches in height with a stroke width of not less than 0.5 inch. Where required by the fire code official, address identification shall be provided in additional approved locations to facilitate emergency response. Where access is by means of a private road and the building address cannot be viewed from the public way, a monument, pole or other sign or means shall be used to identify the structure. Address identification shall be maintained.

Section R902.1 Roofing covering materials is amended by revising it to allow only class A or B roofs as follows:

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

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Exceptions:

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

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

Section R902.1.3 Roof coverings in all other areas is amended by revising it to require a minimum Class B roof as follows:

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

Section R902.2 Fire-retardant-treated shingles and shakes, first paragraph, is amended by revising it to allow only Class A or B treated wood roofs as follows:

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

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

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

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

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

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

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chimneys or vents are installed, they shall have a spark arrester in accordance with Section R1003.9.2.

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

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

15.04.040 Amendments to the 2022 California Electrical Code.

Article 310.22 Continuous Inspection of Aluminum Wiring is added to read as follows:
310.22 Continuous Inspection of Aluminum Wiring. Aluminum conductors of No. six (6) or smaller used for branch circuits shall require continuous inspection by an independent testing agency approved by the Building Official for proper torquing of connections at their termination point.

Article 690.13 Photovoltaic System Disconnect Means is amended to read as follows:
690.13 Photovoltaic System Disconnecting Means. Means shall be provided to disconnect the PV system from all wiring systems including power systems, energy storage systems, and utilization equipment and its associated premises wiring.
(A)Location. The PV disconnecting means shall be installed at a readily accessible location either on the outside of a building or structure or inside nearest the point of entrance of the system conductors. A single, visible-open, lockable AC disconnect shall be within 3 feet of the meter on the exterior of the building.

15.04.050 Amendments to the 2021 International Property Maintenance Code.

Section [A] 102.3 Application of other codes is amended to read as follows:
[A] 102.3 Application of other codes. Repairs, additions or alterations to a structure, or changes of occupancy, must be done in accordance with the provisions of the California Building Code, California Existing Building Code, California Energy Code, California Electrical Code, California Mechanical Code,

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California Plumbing Code, California Residential Code, and the California Green Building Standards. Nothing in this code will be construed to cancel, modify, or set aside any provision of the Los Alamitos Municipal Code.

Section 104.1 Fees is amended to read as follows:
104.1 Fees. The fees for activities and services performed by the department in carrying out the department’s responsibilities under this code are set by City Council resolution.

Section 108.1 General is amended to read as follows:
108.1 General. When a structure or equipment is found by the code official to be unsafe, or when a structure is found unfit for human occupancy, or is found unlawful, such structure may be condemned pursuant to the provisions of Section § 17920.3 of the California Health and Safety Code and this code.

Section 113.3 Failure to comply is amended to read as follows:
113.3 Failure to comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable to a fine(s) or fines in an amount(s) as may be established by the City Council.

Section 303.2 Enclosures is amended to read as follows:
303.2 Enclosures. Private swimming pools, hot tubs and spas containing water more than 18 inches in depth must be completely surrounded by a fence or barrier at least 60 inches in height above the finished ground level measured on the side of the barrier away from the pool. Gates and doors in such barriers must be selfclosing and self-latching. Where release mechanisms of the self-latching device are located less than 60 inches above grade measured on the side of the barrier that faces away from the pool, the release mechanism must be located on the pool side of the gate at least three inches below the top of the gate and the barrier must have no opening greater than one-half inch within 18 inches of the release mechanism. Self-closing, self- latching gates must be maintained such that the gate will positively close and latch when released from an open position of six inches from the gate post. No existing pool enclosure may be removed, replaced, or changed in a manner that reduces its effectiveness as a safety barrier.

The exception to section 303.2 is deleted in its entirety.

Section 304.1.1 Unsafe conditions is amended in part to read as follows:
304.1.1 Unsafe conditions. The following conditions are determined to be unsafe and must be repaired or replaced to comply with the California Building Codes or

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California Existing Building Code as required for existing buildings:
(No further changes to remainder of section 304.1.1)
Section 305.1.1 Unsafe conditions is amended in part to read as follows:
305.1.1 Unsafe conditions. The following conditions are determined to be unsafe and must be repaired, or replaced, to comply with the California Building Codes or California Existing Building Code as required for existing buildings:
(No further changes to remainder of section 305.1.1)
Section 306.1.1 Unsafe conditions is amended in part to read as follows:
306.1.1 Unsafe conditions. The following conditions are determined to be unsafe and must be repaired, or replaced, to comply with the California Building Codes or the California Existing Building Code as required for existing buildings:
(No further changes to remainder of section 306.1.1)
Section 401.3 Alternative devices is amended to read as follows:
401.3 Alternative devices. In lieu of the means for natural light and ventilation herein prescribed, artificial light or mechanical ventilation complying with the California Building Code shall be permitted.

Section [P] 502.5 Public toilet facilities is amended to read as follows:
[P] 502.5 Public toilet facilities. Public toilet facilities must be maintained in a safe sanitary working condition in accordance with the California Plumbing Code.

Except for periodic maintenance or cleaning, public access and use must be provided to the toilet facilities at all times during occupancy of the premises.

Section [P] 505.1 General is amended to read as follows:
[P] 505.1 General. Every sink, lavatory, bathtub, shower, drinking fountain, water closet, or other plumbing fixture must be properly connected to either a public water system or to an approved private water system. All kitchen sinks, lavatories, laundry facilities, and bathtubs and showers must be supplied with hot or tempered, and cold running water in accordance with the California Plumbing Code.

Section 602.2 Residential occupancies is amended to read as follows:
602.2 Residential occupancies. Dwellings must be provided with heating facilities capable of maintaining a room temperature of 68°F in all habitable rooms,

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bathrooms, and toilet rooms. Cooking appliances may not be used, nor may portable unvented fuel-burning space heaters be used, as a means to provide required heating.

The exception to section 602.2 is deleted in its entirety.

Section 602.4 Occupiable work spaces is amended in part to read as follows:
602.4 Occupiable work spaces. Indoor occupiable work spaces must be supplied with heat to maintain a temperature of not less than 65°F during the time the spaces are occupied.
(No further changes to remainder of section 602.4)
Section 604.2 Service is amended to read as follows:
604.2 Service. The size and usage of appliances and equipment serves as a basis for determining the need for additional facilities in accordance with the California Electrical Code. Dwelling units must be served by a three-wire, 120/240 volt, single-phase electrical service having a rating of not less than 60 amperes.

Section 604.3.1.1 Electrical equipment is amended to read as follows:
604.3.1.1 Electrical equipment. Electrical distribution equipment, motor circuits, power equipment, transformers, wire, cable, flexible cords, wiring devices, groundfault circuit interrupters, surge protectors, molded case circuit breakers, lowvoltage fuses, luminaries, ballasts, motors and electronic control, signaling, and communication equipment and that have been exposed to water must be replaced in accordance with the provisions of the California Building Code and California Electrical Code.

Section 604.3.2.1 Electrical equipment is amended to read as follows:
604.3.2.1 Electrical equipment. Electrical switches, receptacles and fixtures, including furnace, water-heater, security system, and power-distribution circuits that have been exposed to fire, must be replaced in accordance with the California Building Code and the California Electrical Code.

Section [F] 702.1 General is amended to read as follows:
[F] 702.1 General. A safe, continuous and unobstructed path of travel shall be provided from any point in a building or structure to the public way. Means of egress shall comply with the California Building Code.

Section [F] 702.2 Aisles is amended to read as follows:
[F] 702.2 Aisles. The required width of aisles in accordance with the California

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Building Code shall be unobstructed.

Section [F] 702.3 Locked doors is amended to read as follows:
[F] 702.3 Locked doors. All means of egress doors must be readily openable from the side from which egress is to be made without the need for keys, special knowledge or effort, except where door hardware conforms to that permitted by the California Building Code.

CHAPTER 9 POST-DISASTER RECOVERY AND RECONSTRUCTION is added to the 2021 International Property Maintenance Code to read as follows:

SECTION 901

POST-DISASTER SAFETY ASSESSMENT PLACARDS AND SECURITY
901.1 SCOPE. This chapter establishes standard placards to be used to indicate the condition of a structure for continued occupancy after any natural or man-made disaster. It further authorizes the Building and Safety Department, as well as authorized representatives, to post appropriate placards at each entry point to a building or structure upon completion of a safety assessment. 901.2 APPLICATION OF PROVISIONS. The provisions of this chapter are applicable to all buildings and structures, of all occupancies, regulated by the City following each natural or man-made disaster.
901.3 DEFINITIONS. For the purposes of this section, the following definitions shall apply:
901.3.1 BUILDING OFFICIAL is person or entity designated as such by the city council or that person or entity’s designee
901.3.2 SAFETY ASSESSMENT is a visual examination of a building or structure for the purpose of determining whether continued use or occupancy is appropriate following a natural or man-made disaster. 901.4 PLACARDS. The following official placards must be used to designate the condition of buildings or structures following a disaster. 901.4.1 (GREEN) INSPECTED - LAWFUL OCCUPANCY PERMITTED.

Posted on any building or structure where no apparent hazard has been found.

Placement of this placard does not mean that there is no damage to the building or structure.
901.4.2 (YELLOW) RESTRICTED OR LIMITED ENTRY. Posted on each damaged building or structure where damage has created a hazardous condition which justifies restricted occupancy. The Building Official who posts this placard will note in general terms the hazard created and will clearly and

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concisely note the restrictions on occupancy.
901.4.3 (RED) UNSAFE – DO NOT ENTER OR OCCUPY. Posted on each damaged building or structure such that continued occupancy poses a threat to life or health. Buildings or structures posted with this placard may be entered only after authorization in writing by the building official. Safety assessment teams are authorized to enter these buildings at any time. This placard may not be used or considered as a demolition order. The official who posts this placard must make a note in general terms of the damage encountered. 901.4.4 SECURING OF UNSAFE BUILDINGS OR STRUCTURES. Buildings or structures that have been determined by the Building Official to pose a threat to life safety or to be unsafe due to damage may be required by the Building Official to be secured from entry by fencing or other approved means until such time that the damage or threat to life is removed by repair, reconstruction or demolition. The fencing or security measures may not be removed without authorization from the building official.
901.4.5 REMOVAL OF PLACARDS. Once the placard has been attached to a building or structure, it may not be removed, altered, or covered until authorized by the Building Official.
901.5 VIOLATION. Any violation of Chapter 9 of this code is a misdemeanor and will be subject to punishment in accordance with the Los Alamitos Municipal Code and the City of Los Alamitos Building Code.

SECTION 902

POST DISASTER ABATEMENT
902.1 INTENT. This chapter establishes abatement criteria for all buildings and structures damaged as a result of a disaster for which a local emergency has been declared.
902.2 APPLICATION OF PROVISIONS. The provisions of this chapter are applicable to all buildings and structures regulated by the city. 902.3 DEFINITIONS. For the purposes of this section, the following definitions shall apply:
902.3.1 EVENT means any occurrence which results in the declaration of a disaster, including but not limited to, fires, landslides, wind storms, earthquakes, and floods.
902.3.2 HISTORIC BUILDING OR STRUCTURE means any building or structure registered with a federal, state, county, or city government, or the register of points of interest. Historic buildings and structures also include those buildings and structures within a recognized historic district.

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902.3.3 STATE HISTORIC PRESERVATION OFFICER (SHPO) is the person appointed by the Governor, pursuant to Section 101(b)(1) of the National Historic Preservation Act of 1966, as amended, to administer the State Historic Preservation Program.

Office of Historic Preservation
Department of Parks and Recreation
P.O. BOX 942896
Sacramento, CA 94296-0001
Phone: (916) 653-6624
FAX: (916) 653-9824
902.4 ABATEMENT CRITERIA
902.4.1 NOTICE OF DETERMINATION. Except as provided in Section 902.4.2 below, the Building Official must serve a written Notice of Determination to each property owner as found on the latest available copy of the last equalized assessment roll. Such Notice of Determination must be delivered by hand-delivery, telephone, telegram, facsimile or other reasonable means, and must clearly indicate that the structure is an imminent hazard and dangerous and that, as such, it constitutes a public nuisance. The notice must set forth those factors which, in the opinion of the Building Official, make the structure an imminent hazard and dangerous, and must also include a directive from the Building Official of the specific action or actions to be taken by the property owner. The Notice must specify that within 48 hours from the time of issuance of the Notice of Determination, the owner or other party of record with an equitable or legal interest in the property must abate the nuisance in accordance with the directives written in the Notice of Determination by the Building Official.
902.4.2 NOTICE OF DETERMINATION EXCEPTION. No prior notice is required, when the Building Official, after considering all the facts, determines, in writing, that the structure is an imminent hazard and dangerous, and that it must be abated immediately and that time and circumstances do not permit the giving of prior notice to the owner. In those cases where time and circumstances do not permit the city to give the owner notice prior to abatement, the Building Official may cause the nuisance to be summarily abated.
902.4.3 APPEAL OF NOTICE OF DETERMINATION. A Notice of
Determination delivered by the Building Official, that a building or structure is an imminent hazard and dangerous and therefore must be abated, may be appealed by the property owner or any other party of record with an equitable or legal interest in the property. Such appeal must be made to the Building Official within 48 hours of delivery of such Notice of Determination by the Building Official. Such appeal must be accompanied by a written Hazard

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Abatement Plan signed by a State of California licensed engineer or architect or by a written report by a State of California licensed engineer or architect stating why the engineer or architect feels the building or structure is not an imminent hazard or dangerous at this time. Such report must include a recommendation by the engineer or architect as to what should or should not be done at this time. If the Building Official accepts the proposed Hazard Abatement Plan in lieu of the Notice of Determination, the Hazard Abatement Plan must be implemented within 24 hours of acceptance by the Building Official. If the Building Official accepts an engineer's report and agrees there is no imminent hazard, the Building Official must rescind, in writing, the Notice of Determination.

Should the Building Official disagree with the Hazard Abatement Plan or should the Building Official disagree with the engineer's or architect's report, a hearing must be conducted by the Board of Appeals, as soon as a quorum can be assembled.
902.4.4 BOARD OF APPEALS HEARING. At the hearing, the appellant has the right to call witnesses, to submit evidence, and to cross-examine the witnesses of the city. All witnesses must be sworn.

A record of the proceedings must be made by tape recording. Any relevant evidence may be submitted, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in civil actions in the courts of this State.

At the close of the hearing, the Board of Appeals must act to uphold, overrule, or modify the determination and order of the Building Official. The determination and order of the Building Official will be upheld, unless the Board of Appeals finds, based upon the evidence in the record, that the Building Official erred in determining that the structure is an imminent hazard and dangerous. The decision of the Board of Appeals, with the reasons therefore, may be given orally on the record. If given orally, the decision must be memorialized in writing and served upon the applicant within 24 hours of the time the oral decision is rendered.

If the Board of Appeals upholds the decision of the Building Official, the property owners of record will be ordered to abate the public nuisance within the time set forth in the order. If the structure is determined not to be an imminent hazard and dangerous, the Building Official's determination and order will be vacated. The decision of the Board of Appeals will be final on the date it is rendered.
902.4.5 HAZARD ABATEMENT PLAN. If a Hazard Abatement Plan is approved by the Building Official, the owner or other interested party of record must execute such plan within 24 hours of obtaining approval of the plan from the Building Official. Within 24 hours of completion of the abatement work the owner or other

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interested party of record must provide the Building Official with a written certification that the public nuisance, as described in the Building Official's Notice of Determination, has been abated.

If the work performed pursuant to the Hazard Abatement Plan amounts to temporary abatement, the owner or other party of record, prior to proceeding with permanent repairs, must obtain required permits and file a damage assessment report with the Building Official. The damage assessment report must be reviewed and approved by the Building Official prior to proceeding with permanent repairs. 902.4.6 FAILURE TO PERFORM. In those instances where the property owner or other interested party of record either does not respond to the Building Official's Notice of Determination or approved Hazard Abatement Plan, responds untimely, or responds timely but fails to abate the public nuisance within the required time period, the imminent hazard and dangerous structure will be subject to immediate abatement by the Building Official.
902.4.7 PUBLIC NUISANCE. All structures or portions of such structures which, after inspection by the Building Official, are determined to be an imminent hazard and dangerous, either to the public, occupants of the subject structure, or to any adjacent structures, are hereby declared to be public nuisances and must be abated by the owner in accordance with the procedures specified in Sections

43.2.4.4 and 43.2.4.5.
902.4.8 SUSPENSION OF ABATEMENT OF WORK. Notwithstanding any code provisions to the contrary, the Building Official is authorized to suspend abatement work, and to allow the property owner or other party of legal interest to complete the abatement work.
902.4.9 CHANGE OF STATUS. When the conditions making a structure an imminent hazard and dangerous have been abated, the structure will no longer be considered an imminent hazard and dangerous. However, if the abatement work is temporary in nature, as determined by the Building Official, the structure will remain subject to the provisions of this section.
902.4.10 DEMOLITION PERMIT. If the owner of any building or structure has decided to demolish rather than repair, the owner, or the owner's representative, must obtain a demolition permit.
902.5 HAZARD ABATEMENT OF HISTORIC BUILDINGS OR STRUCTURES. 902.5.1 NOTIFICATION OF IMMINENT HAZARD. Within ten days after the event, the Building Official must notify the State Historic Preservation Officer that one of the following actions will be taken regarding any historic building or structure determined by the Building Official to represent an imminent hazard to the health or safety of the public, or to pose an imminent threat to the public right of way:
902.5.1.1 BRACING OR SHORING. Whenever possible, as determined by the

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Building Official, the building or structure may be braced or shored in such a manner as to mitigate the hazard to public health or safety or the hazard to the public right-of-way.
902.5.1.2 CONDEMNATION. Whenever bracing or shoring is determined to be an unreasonable alternative, the Building Official may cause the building or structure to be condemned and immediately demolished. Such condemnation and demolition may be performed in the interest of public health or safety without a condemnation hearing as required by the 1997 Uniform Code for the Abatement of Dangerous Buildings.
902.5.2 CONDEMNATION PROCEEDINGS. If, ten days after the event and less than 30 days after the event, an historic building or structure is determined by the Building Official to represent a hazard to the health or safety of the public or to pose a threat to the public right of way, the Building Official may initiate condemnation proceedings in accordance with the Uniform Code for the Abatement of Dangerous Buildings. The Building Official may also notify the Federal Emergency Management Agency (FEMA), in accordance with the National Historic Preservation Act of 1966, as amended, of its intent to hold a condemnation hearing.
902.5.3 REQUEST TO DEMOLISH. If the Building Official and the owner of any historic building or structure agree that such a building or structure should be demolished, the Building Official must submit a request to demolish to the Federal Emergency Management Agency, in accordance with the National Historic Preservation Act of 1986, as amended. Such request must include all substantiating data.

SECTION 903

DISASTER REPAIR AND RECONSTRUCTION
903.1 INTENT. This section establishes standards and regulations for the expeditious repair and reconstruction of structures damaged as a result of a disaster for which a local emergency has been declared.
903.2 APPLICATION OF PROVISIONS.
903.2.1 DECLARATION OF EMERGENCY. The provisions of this chapter are applicable to all buildings and structures regulated by the city following each disaster after a local emergency has been declared.
903.2.2 WAIVER FOR ENGINEERING EVALUATION. The requirements of this chapter may be waived by the Building Official subject to an Engineering Evaluation as defined in Section 903.3.3.4.
903.3 DEFINITIONS. For the purpose of this section, the following definitions apply:

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903.3.1 ARCHITECT is a person licensed by the State of California to practice architecture, as prescribed by the State of California Business and Professions Code.
903.3.2 CIVIL ENGINEER is a person registered by the State of California to practice Civil Engineering, as prescribed by the State of California Business and Professions Code.
903.3.3 CURRENT CODE means those codes adopted by the city pursuant to California Health and Safety Code § 18941.5.
903.3.4 ENGINEERING EVALUATION is an evaluation of a damaged building or structure, or suspected damaged building or structure, performed under the direction of a structural engineer, civil engineer, or architect retained by the owner of the building or structure. Engineering evaluations must, at a minimum, contain recommendations for repair and an appropriate opinion of the construction cost for those repairs. All engineering evaluations must include the engineer's or architect’s stamp, wet-signature, and license expiration date. 903.3.5 ESSENTIAL SERVICE FACILITY means those buildings or structures designated by the city to house facilities necessary for emergency operations subsequent to a disaster.
903.3.6 REPLACEMENT VALUE is the dollar value, as determined by the building official, for replacing a damaged structure with a new structure of the same size, same type of construction, and same occupancy, and located on the same site. 903.3.7 STRUCTURAL ENGINEER is a person registered by the State of California to practice civil engineering and to use the title, Structural Engineer, as defined in Section 5537.1 of the State of California Business and Professions Code.
903.3.8 VALUE OF REPAIR is the dollar value, as determined by the Building Official, for making necessary repairs to the damaged structure. 903.4 REPAIR CRITERIA
903.4.1 GENERAL. Buildings and structures of all occupancies which have been damaged as the result of a disaster, except as otherwise noted, must be repaired in accordance with the following criteria:
903.4.2 UP TO TEN PERCENT REPAIR VALUE. When the estimated value of repair does not exceed ten percent of the replacement value of the structure, the damaged portion may be restored to the pre-disaster condition; except that when the damaged elements include suspended ceiling systems, the ceiling system must be repaired with all bracing required by current code. 903.4.3 UP TO FIFTY PERCENT REPAIR VALUE. When the estimated value of

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repair is greater than ten percent but less than fifty percent of the replacement value of the structure, the damaged elements must be repaired and brought into conformance with the structural requirements of the current code. 903.4.4 MORE THAN FIFTY PERCENT REPAIR VALUE. When the estimated value of repair is fifty percent or more of the replacement value of the structure, the entire structure must be brought into conformance with the fire and life safety and structural requirements of the current code.
903.4.5 CHIMNEY VALUE EXCLUSION. In Group R, Division 3, occupancies, the repair value of damaged chimneys may be excluded from the computation of percentage of replacement value. Damaged chimneys must be repaired in accordance with Section 903.5.
903.5 REPAIR CRITERIA FOR FIREPLACES AND CHIMNEYS.
903.5.1 GENERAL. All damaged chimneys must be repaired or reconstructed to comply with the requirements of Chapter 21 of the CBC. Damaged portions of chimneys must be removed in accordance with the following criteria. 903.5.2 DAMAGE ABOVE THE ROOF LINE. When the damaged portion of the chimney is located between the roof line and the top of the chimney, the damaged portion may be removed to the roof line provided the roof and ceiling anchorage are in sound condition. The reconstruction portion of the chimney must be braced to the roof structure using an approved method. 903.5.3 SINGLE-STORY STRUCTURE DAMAGE BELOW THE ROOF LINE.

For a single-story structure in which the damaged portion of the chimney is below the roof line, or the damaged portion extends from above the roof line to below the roof line, the chimney must be removed to the top of the firebox. 903.5.4 MULTI-STORY STRUCTURE DAMAGE BELOW THE ROOF LINE.

For a multi-story structure, the damaged portion of the chimney must be removed from the top to a floor line where anchorage is found. 903.5.5 FIREBOX DAMAGE. In any structure where the firebox has been damaged, the entire chimney and firebox must be removed to the foundation.

If the foundation is in sound condition, the firebox and chimney may be reconstructed using the existing foundation. If the foundation has been damaged, the foundation must be removed and replaced. Such reconstruction and replacement must be in accordance with Chapter 21 of the CBC Code. 903.5.6 ENGINEERED ALTERNATE SOLUTIONS. Where existing conditions preclude the installation of all anchorage required by Chapter 21 of the CBC, alternate systems may be used in accordance with the alternate methods and materials provisions of the CBC when approved by the Building Official. 903.5.7 BRACING. Where the portion of the chimney extending above the roof

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line exceeds two times the least dimension of the chimney, that portion above the roof line must be braced to the roof structure using an approved method. 903.6 REPAIR CRITERIA FOR HISTORIC BUILDINGS OR STRUCTURES. 903.6.1 ENGINEERING EVALUATION REQUIRED. Buildings or structures which are included on a national, state, or local register for historic places or which are qualifying structures within a recognized historic district, which have been damaged as a result of a disaster, must have an engineering evaluation performed.
903.6.2 MINIMUM REPAIR CRITERIA. The minimum criteria for repair are included in Section 903.4, Repair Criteria, with due consideration given to the historical rating and nature of the structures. Additional standards and criteria, as noted in Part 8, Title 24, California Code of Regulations, also apply. 903.7 REPAIR CRITERIA FOR UNREINFORCED MASONRY BUILDINGS AND STRUCTURES.
903.7.1 GENERAL. All damaged buildings determined to be bearing wall buildings constructed of unreinforced masonry must be repaired and strengthened to fully comply with the requirements of § 15.04.”

15.01.060 Amendments to the 2021 International Swimming Pool and Spa Code.

Section [A] 101.1 Title is amended to read as follows:
[A] 101.1 Title. These regulations shall be known as the Swimming Pool and Spa Code of the City of Los Alamitos hereinafter to as “this code.” Section [A] 102.7.1 Application of the International Codes is amended to read as follows:
[A] 102.7.1 Application of the International Codes. Where the International Residential Code is referenced in this code, the provisions of the California Residential Code shall apply to related systems in detached one- and two-family dwellings and townhouses not more than three stories in height. Other related systems shall comply with the applicable California Codes or referenced standard.

Section [A] 105.6 Fees is amended to read as follows:
[A] 105.6 Fees. A permit shall not be valid until the fees prescribed by law have been paid. All fees related to and any permit, work, inspection, violation, plan review or refunds shall be in accordance with Section 109 of the California Building Code.

Section [A] 105.6.2 Fee schedule and [A] 105.6.3 Fee refunds are deleted in their

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entirety without replacement.

Section [A] 108.2 Membership of board is amended to read as follows:
[A] 108.2 Board of appeals. The Board of Appeals shall consist of members as set forth in Chapter 113.1 of the California Building Code and any amendments of the Los Alamitos Municipal Code.

Section [A] 108.2.1 Qualifications is deleted in its entirety without replacement.

Section 305.2.1 Barrier height and clearances is amended to read as follows:
305.2.1 Barrier height and clearances Barrier heights and clearances shall be in accordance with all of the following:

1. The top of the barrier shall be not less than 60 inches (1524 mm) above grade where measured on the side of the barrier that faces away from the pool or spa. Such height shall exist around the entire perimeter of the barrier and for a distance of 3 feet (914 mm) measured horizontally from the outside of the required barrier.
(The remaining language in 305.2.1 is to remain and unchanged.) SECTION 3. Filing with Building Standards Commission. The City Clerk shall file a certified copy of this Ordinance with the California Building Standards Commission.

SECTION 4. CEQA. In accordance with CEQA Guidelines section 15060(c)(2) – the adoption of this Ordinance will not foreseeably result in direct or reasonably foreseeable indirect impacts and is exempt from the provisions of the California Environmental Quality Act and City Clerk shall file such Notice of Exemption with the County Clerk.

SECTION 5. Severability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held out to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsection, sentence clause, phrases or portions be declared valid or unconstitutional.

SECTION 6. Effective Date. This Ordinance shall not take effect until thirty (30) days after its final passage, or January 1, 2023 whichever occurs later.

SECTION 7. Publication by Clerk. 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 adoption and shall post a certified copy of this Ordinance, including the vote for an against same, in the Office of the City Clerk, in accordance with Government Code Section 36933.

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PASSED, APPROVED AND ADOPTED this 14th day of November, 2022. _______________________________
Shelley Hasselbrink, Mayor
ATTEST:
___________________
Windmera Quintanar, MMC, City Clerk
APPROVED AS TO FORM:
________________________________
Michael S. Daudt, City Attorney

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss

CITY OF LOS ALAMITOS )
I, Windmera Quintanar, MMC, City Clerk of the City of Los Alamitos, do hereby certify that the foregoing Ordinance No. 2022-05 was duly introduced and placed upon its first reading at a regular meeting of the City Council on the 17th day of October, 2022, and that thereafter, said Ordinance was duly adopted and passed at an adjourned regular meeting of the City Council on the 14th day of November, 2022, by the following vote, to wit:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:
________________________________
Windmera Quintanar, MMC, City Clerk

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EXHIBIT A

LOCAL CONDITIONS FINDINGS

FACTUAL FINDINGS ESTABLISHING THE REASONABLE NEED FOR LOCAL

AMENDMENTS TO PORTIONS OF THE CALIFORNIA BUILDING STANDARDS CODE

BASED UPON LOCAL CLIMATIC, GEOLOGICAL AND/OR TOPOGRAPHICAL

CONDITIONS
The Fire Official and City Building Official recommend that certain changes and modifications to the 2022 California Building Standards are reasonably necessary due to local climatic, geological and/or topographical conditions within the City, certain changes and modifications are of an administrative or procedural nature or concern themselves with subjects not covered by the California Building Standards Code, and certain changes and modifications are reasonably necessary to safeguard life and property within the City of Los Alamitos.

Section 1. General Findings
The following findings apply in the City of Los Alamitos and explain why the changes to the Building Standards Code are necessary because of climatic, geological and/or topographical conditions in the city.

I. Climatic Conditions
A. Los Alamitos is located in a semi-arid Mediterranean type climate. It annually experiences extended periods of high temperatures with little or no precipitation.

Hot, dry (Santa Ana) winds, which may reach speeds of 70 M.P.H. or greater, are also common to the area. These climatic conditions cause extreme drying of vegetation and common building materials. Frequent periods of drought and low humidity add to the fire danger. This predisposes the area to large destructive fires (conflagration). In addition to directly damaging or destroying buildings, these fires are also prone to disrupt utility services throughout the County. Obstacles generated by a strong wind, such as fallen trees, street lights and utility poles will greatly impact the response time to reach an incident scene. Lastly, the warm climate encourages the proliferation of swimming pool construction which makes modifications to the California Building Code related to swimming pools desirable to adequately protect small children from drowning hazards.

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

C. Water demand in this densely populated area far exceeds the quantity supplied by natural precipitation; and although the population continues to grow, the alreadytaxed 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

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a limited amount of rainfall future water allocation is not fully dependable. This necessitates the need for additional and on-site fire protection features.

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

II. Topographical conditions
A. The topography of Los Alamitos is generally considered a flatlands area with little to no topographical slopes. The flat land developments however does require special drainage precautions in order to address site drainage to prevent water ponding and flooding, as well as preserve historical water ways.

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 that places fire department response time to fire occurrences at risk and makes it necessary to provide automatic on-site fire-extinguishing systems and other protection measures to protect occupants and property.

III. Geological Conditions
The Orange County region is a densely populated area that has buildings constructed over and near a vast and complex network of faults that are believed to be capable of producing future earthquakes similar or greater in size 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. The October 17, 1989, Santa Cruz earthquake resulted in one major fire in the Marina District (San Francisco). When

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combined with the 34 other fires locally and over 500 responses, the department was taxed to its fullest capabilities. The Marina fire was difficult to contain because mains supplying water to the district burst during the earthquake. This situation creates the need for both additional fire protection and automatic on-site fire protection for building occupants. State Department of Conservation noted in their 1988 report (Planning Scenario on a Major Earthquake on the Newport-Inglewood Fault Zone, page 59), “unfortunately, barely meeting the minimum earthquake standards of building codes places a building on the verge of being legally unsafe.” B. Road circulation features located throughout the County also make amendments reasonably necessary. Located through the County are major roadways, highways and flood control channels that create barriers and slow response times. Hills, slopes, street and storm drain design, 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 are in contact with soils.

D. Los Alamitos is generally known as swamp land that was once mostly covered in beet farms. The areas historically high water table is the reason the city is classified as being located in a liquefaction zone. In addition, 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 for implementation of appropriate mitigation.

These local climatic, geologic, and topographic conditions make modifications and changes to the 2022 Edition of the California Codes reasonably necessary to provide sufficient and effective protection of life, health and property.

Section 2 – Application of Findings to Amendments in Ordinance No. 2022-05 Amendments to the 2022 Edition of the California Building Standards Code set forth in Ordinance No. 2022-05 and identified below are reasonably necessary as administrative or procedural in nature, or to ensure consistency with previously adopted ordinances, or are intended to enhance life and fire safety due to the climatic, topographical, and/or geologic conditions cited below:

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Amendment Findings Legend
2022 California Building Code (CBC), 2022 California Residential Code (CRC), and 2022 California Electrical Code (CEC)
CODE SECTION TITLE (Clarification) FINDINGS
CBC 101.1 Title Administrative
CBC 104.4 Referenced Codes Administrative
CBC 104.8 Liability Administrative
CBC 105.2 Work exempt from a permit Administrative
CBC 105.5 Expiration Administrative
CBC 105.8 Reconstruction Administrative
CBC 107.3 Examination of Records Administrative
CBC 113.1 General Administrative
CBC 113.3 Qualifications Administrative
CBC 202 Definitions Administrative
CBC 502.1 Address Identification II – A, B, C
CBC 903.2 Where required II – A, B, C
CBC 903.3.5.3 Hydraulically calculated systems II – A, B, C CBC 1505.1 General I – A, B II – A, B, C
CBC 1505.1.2 Roof coverings within all other areas I – A, B II – A, B, C CBC 1803.1.1.1 Geologic or geotechnical reports III – A, B, C, D CBC 1807.1.6 Prescriptive design of concrete and masonry foundation walls
III – A, B, C, D
CBC 3109.1.1 Construction permit; safety features required I – C, II - B CRC R105.5 Expiration Administrative
CRC R105.10 Reconstruction Administrative
CRC Table
R301.2(1)
Climactic and Geographic Design Criteria Administrative CRC R309.6 Fire sprinkler attached garages, and carports with habitable space above
I – A, B, C, D II – A, B, C
CRC R313.1 Townhouse automatic fire sprinkler systems I – A, B, C, D II – A, B, C CRC R313.2 One- and two-family dwellings automatic fire sprinkler systems
I – A, B, C, D II – A, B, C
CRC R313.3.6.2.2 Calculation procedure I – A, B II – A, B, C CRC 319.1 Address Identification II – A, B, C
CRC R902.1 Roof covering materials I – A, B II – A, B, C CRC R902.1.3 Roof coverings in all other areas I – A, B II – A, B, C CRC R902.2 Fire-retardant-treated shingles and shakes I – A, B II – A, B, C CRC R1001.13 Outdoor Fireplaces, Fire Pits, Fire Rings, or similar devices
II – A, B, C, D
CRC R101.13.1 Gas-fueled devices II – A, B, C, D
CRC R1001.13.2 Devices using wood or fuels other than natural gas or liquefied-petroleum gas
II – A, B, C, D
CEC 310.22 Continuous Inspection of Aluminum Wiring I – A, II – A, B CEC 690.13 Building or Other Structures Supplied by Photovoltaic System
Administrative

1726692.1
ORDINANCE NO. 2022-06

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

LOS ALAMITOS, CALIFORNIA, AMENDING CHAPTER

15.08 OF TITLE 15 OF THE LOS ALAMITOS MUNICIPAL
CODE AND ADOPTING THE 2022 EDITION OF THE

CALIFORNIA FIRE CODE (CALIFORNIA CODE OF
REGULATIONS, TITLE 24, PART 9), INCLDUING

APPENDICES B, BB, C, AND CC, TOGETHER WITH

CERTAIN AMENDMENTS, ADDITIONS, AND DELETIONS
WHEREAS, pursuant to California Government Code Section 50022.1 et seq., the City of Los Alamitos ("City") may adopt by reference the California Fire Code, 2022 Edition, as provided in Title 24 of the California Code of Regulations; and WHEREAS, the California Building Standards Commission recently adopted new amendments to the California Fire Code, which will become effective statewide on January 1, 2023; and
WHEREAS, California Health & Safety Code Sections 17958 et seq., and 18941.5 authorize cities to modify the California Fire 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, based upon the recommendations of the Fire Official and the Building Official, the City Council finds that the proposed amendments to the 2022 California Fire Code set forth in this Ordinance, which are more restrictive than the standards adopted by the California Building Standards Commission, would decrease the potential incidence of property damage, injury and death due to fires, and are reasonable and necessary to mitigate local climatic, geological or topographical conditions; and WHEREAS, on October 17, 2022, the City Council introduced this Ordinance for first reading at a regular meeting of the City Council, and set a public hearing and second reading of the Ordinance for November 14, 2022; and
WHEREAS, the City Council held a public hearing on November 14, 2022, at which time all interested persons had the opportunity to appear and be heard on the matter of adopting the 2022 California Fire Code as amended herein; and WHEREAS, pursuant to Government Code Section 6066, the City published notice of the aforementioned public hearing; and
WHEREAS, any and all other legal prerequisites relating to the adoption of this Ordinance have occurred.

CC ORD 2022-06

1726692.1

THE CITY COUNCIL OF THE CITY OF LOS ALAMITOS, CALIFORNIA, DOES ORDAIN AS FOLLOWS:

SECTION 1. Findings.

A. Health and Safety Code Section 17958 et seq., authorizes the City to adopt ordinances and regulations imposing the same requirements as are contained in the California Building Standards Code (California Code of Regulations, Title 24), inclusive of the California Fire Code (Part 9), adopted by the State pursuant to Health and Safety Code Section 17922. Health and Safety Code Sections 17958.5 and 18941.5 permit the City to make changes or modifications to the California Building Standards as are reasonably necessary because such changes or modifications are needed due to climatic, geographic, or topographic conditions.

B. The Fire Official and City Building Official recommend that certain changes and modifications to the 2022 California Fire Code are reasonably necessary due to local conditions within the City, certain changes and modifications are of an administrative or procedural nature or concern themselves with subjects not covered by the California Building Standards Code, and certain changes and modifications are reasonably necessary to safeguard life and property within the City of Los Alamitos.

C. Findings of local conditions are set forth in Exhibit “A” of this Ordinance and incorporated herein by reference. Such findings demonstrate the need for amendments to the 2022 California Building Standards are reasonably necessary because of local climatic, geological, or topographical conditions.

SECTION 2. Chapter 15.08 of the Los Alamitos Municipal Code is hereby amended and restated in its entirety to read as follows:

Chapter 15.08 FIRE CODE

15.08.010 Fire Code adopted.

15.08.020 Enforcement and inspections.

15.08.030 Amendments to the 2022 California Fire Code.

15.08.010 Fire Code Adopted.

A. The City hereby adopts the California Fire Code, 2022 Edition, including Appendices B, BB, C, and CC based on the 2021 International Fire Code as published by the International Code Council
B. The provisions of the California Fire Code, as amended by this chapter shall constitute the Fire Code of the City of Los Alamitos.

CC ORD 2022-06

1726692.1
C. One (1) copy of all the California Fire Code and the City’s amendments thereto shall be kept on file in the office of the Fire Code Official pursuant to Health and Safety Code Section 18942 (d) (1) and made available for public inspection.

D. References in Documents and Continuing Legal Effect. References to prior editions of the Fire Code or the Municipal Code sections amended herein that are cited on notices issued by the City or the agency enforcing the City's fire regulations or other documents of ongoing or continuing legal effect, including specifically resolutions adopting or imposing fees or charges, until converted, are deemed to be references to the new counterpart 2022 Fire Code or amended Municipal Code sections for the purposes of notice and enforcement. The provisions adopted hereby shall not in any manner affect deposits, established fees or other matters of record which refer to, or are otherwise connected with, ordinances which are specifically designated by number, code section or otherwise, but such references shall be deemed to apply to the corresponding provisions set forth in the 2022 California Fire Code adopted hereby. Any fee authorized by the above-referenced fire code which was in effect at the time of the adoption of this chapter need not be re-adopted by resolution, and shall continue in effect, and remain unadjusted in amount unless and until a resolution is adopted repealing the fee or establishing a different fee.

15.08.020 Enforcement and Inspections.

The 2022 California Fire Code shall be enforced by the Orange County Fire Authority, which shall be operated under the Director of Fire Services of the Orange County Fire Authority. The Director of Fire Services of the Fire Authority may detail such members of the Fire Authority as inspectors as shall be necessary from time to time.

15.08.030 Amendments to the 2022 California Fire Code.

Chapter 1 Scope and Administration is adopted in its entirety, with the following amendments:

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

Section 112.4.2 Infraction and misdemeanor is hereby added as follows: