INSURANCE CERTIFICATES AND ENDORSEMENTS INS-4
ADDITIONAL INSURED ENDORSEMENT
AUTOMOBILE LIABILITY
Name and address of named insured (“Named Insured”):
Name and address of insurance company (“Company”):
General description of agreement(s), permit(s), license(s), and/or activity(ies) insured:
Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the “Policy”) or in any endorsement now or hereafter attached thereto, it is agreed as follows:
1. The City of Maywood (“City”), its elected officials, officers, attorneys, agents, employees, and volunteers are additional insureds (the above named additional insureds are hereafter referred to as the “Additional Insureds”) under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy.
2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy.
3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought except with respect to the limits of the Company’s liability.
4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall be covered as third-party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company’s limits of liability as provided under the policy.
5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained or executed in conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds.
6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non-renewal except after written notice to City, by certified mail, return receipt requested, not less than thirty (30) Days before the effective date thereto. In the event of Company’s failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement.
7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds.
INSURANCE CERTIFICATES AND ENDORSEMENTS INS-5
8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance.
9. This endorsement and all notices given hereunder shall be sent to City at:
City Manager
City of Maywood
City Hall
____________________________
___________, California _______
10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached.
TYPE OF COVERAGES TO WHICH THIS
ENDORSEMENT ATTACHES
POLICY PERIOD
FROM/TO
LIMITS OF
LIABILITY
11. Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to the above coverages. Includes:
□ Any Automobiles □ Truckers Coverage
□ All Owned Automobiles □ Motor Carrier Act
□ Non-owned Automobiles □ Bus Regulatory Reform Act
□ Hired Automobiles □ Public Livery Coverage
□ Scheduled Automobiles □
□ Garage Coverage □
12. A □ deductible or □ self-insured retention (check one) of $ applies to all coverage(s) except: (if none, so state). The deductible is applicable □ per claim or □ per occurrence (check one).
13. This is an □ occurrence or □ claims made policy (check one).
14. This endorsement is effective on ______________ at 12:01 a.m. and forms a part of Policy Number _________.
I, (print name), hereby declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company.
Executed , 20
Signature of Authorized Representative
(Original signature only; no facsimile signature
Telephone No.: ( ) or initialed signature accepted)
INSURANCE CERTIFICATES AND ENDORSEMENTS INS-6
ADDITIONAL INSURED ENDORSEMENT
EXCESS LIABILITY
Name and address of named insured (“Named Insured”):
Name and address of insurance company (“Company”):
General description of agreement(s), permit(s), license(s), and/or activity(ies) insured:
Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the “Policy”) or in any endorsement now or hereafter attached thereto, it is agreed as follows:
1. The City of Maywood (“City”), its elected officials, officers, attorneys, agents, employees, and volunteers are additional insureds (the above named additional insureds are hereafter referred to as the “Additional Insureds”) under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy.
2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy.
3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought, except with respect to the limits of the Company’s liability.
4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall be covered as third-party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company’s limits of liability as provided under the policy.
5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained in or executed in conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds.
6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non-renewal except after written notice to City, by certified mail, return receipt requested, not less than thirty (30) Days before the effective date thereto. In the event of Company’s failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement.
7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds.
INSURANCE CERTIFICATES AND ENDORSEMENTS INS-7
8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance.
9. This endorsement and all notices given hereunder shall be sent to City at:
City Manager
City of Maywood
City Hall
_________________________________
_______________, California ________
10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached.
TYPE OF COVERAGES TO WHICH THIS
ENDORSEMENT ATTACHES
POLICY PERIOD
FROM/TO
LIMITS OF
LIABILITY
□ Following Form
□ Umbrella Liability
□
11. Applicable underlying coverages:
INSURANCE COMPANY POLICY NUMBER AMOUNT
12. The following inclusions, exclusions, extensions or specific provisions relate to the above coverages:
13. A □ deductible or □ self-insured retention (check one) of $ applies to all coverage(s) except:
(if none, so state). The deductible is applicable □ per claim or □ per occurrence (check one).
14. This is an □ occurrence or □ claims made policy (check one).
15. This endorsement is effective on ________ at 12:01 a.m. and forms a part of Policy Number ________.
INSURANCE CERTIFICATES AND ENDORSEMENTS INS-8
I, (print name), hereby declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company.
Executed , 20
Signature of Authorized Representative
(Original signature only; no facsimile signature
Telephone No.: ( ) or initialed signature accepted)
Attachment No. 2 –
Unlimited Environmental, Inc. Bid
AGENDA REPORT
CITY OF MAYWOOD
AGENDA ITEM NO. 10.
DATE: March 27, 2024
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JENNIFER VASQUEZ, CITY MANAGER
BY: CALVIN KO, ASSISTANT PLANNER
SUBJECT: CONSIDERATION OF APPROVAL FOR ISSUANCE OF A SPECIAL EVENT PERMIT
TO SAINT ROSE OF LIMA CHURCH - ARCHDIOCESES OF LOS ANGELES, LOCATED AT 4422 EAST 60TH STREET FOR AN ANNUAL FUNDRAISER AND
APPROVE THE PROPOSED CONDITIONS OF APPROVAL AS RECOMMENDED IN
THE REPORT
RECOMMENDATION:
Staff recommends that City Council consider approving the issuance of a special event permit for an annual fundraising event at St. Rose of Lima Church, located at 4422 E. 60th Street, and find that the application meets the criteria set forth in Section 5-15-04(j) of the Maywood Municipal Code, and approve the special event permit subject to the conditions of approval set forth in the agenda report.
BACKGROUND:
St. Rose of Lima Church will be holding their annual event to assist with funding various school activities at its school location on the south side of East 60th Street between Pine Avenue and Clarkson Avenue. The event is open to the public with no entrance fee. The fundraiser was held last year, with similar events and rides. The City of Maywood did not receive any concerns or complaints from the surrounding neighborhood about last year's event.
Section 5-15.02 of the Maywood Municipal Code requires City Council approval of a permit for an organized assemblage of seventy-five (75) or more persons at any public place, property, or facility which is to gather for a common purpose under the direction or control of a person. The fundraiser in previous years typically had 4,000 attendees during the 3-day event. Last year's event anticipated fifteen thousand (15,000) participants during the 4-day event. This year the event is going back to a 3-day event and 4,000 attendees during the 3- day event.
DISCUSSION:
This year, the Church will be hosting a carnival with mechanical rides, stage performances, booth activities, and no on-site parking. St. Rose of Lima Church will be expecting an increase in participants, which will bring an increase in congestion during the event dates due to no on-site parking. The event schedule is as follows:
• Event Set Up: Thursday, April 18
• Event: Friday, April 19 from 6 PM to 11 PM
• Event: Saturday, April 20 from 10 AM to 11 PM
• Event: Sunday, April 21 from 8 AM to 10 PM
• Event Tear Down: April 22 to April 23
All events will be held within school grounds. The church will be hosting stalls to sell food and various carnival games. There will be no food preparation on-site, as all food will have been prepared prior to the event. The school will be providing additional sanitation facilities on the event grounds. The event will host up to six (6) carnival rides, while still providing first responder emergency access. The church will provide the required general liability insurance and name the City as an additional insured on the policy.
St. Rose of Lima Church has not indicated on-site parking or security for the event grounds. Staff has provided recommended conditions of approval as follows:
• Must obtain all approvals and permits from Los Angeles County Fire Prevention and City of Maywood Building & Planning at least 7 days prior to the event.
• The site must be in full compliance with the approved plan(s), including but not limited to the location of generators, booths, and stage.
• The amplified sound system is only to be used until 10 PM, in accordance with the City of Maywood Municipal Code Noise Ordinance. Section: 5-23.07
• Must obtain written inspection and approval from appropriate agencies. • The sale of alcoholic beverages on the subject property is prohibited at all times. • All Health Department approvals required for the sale and serving of food shall be obtained not less than two days prior to the start of the event.
• The Carnival Event area should be cordoned off from vehicle traffic. • Approved cable bridges shall be provided for electrical cables where subject to physical damage. • Generators and other internal combustion power sources shall be separated from tents or structures by not less than 20 feet and shall be isolated (e.g. protected by physical barriers such as fencing, enclosure, or other approved means) from contact with the public.
• The Director of Building and Planning is authorized to impose any other conditions either prior or during the event in order to safeguard the public health, safety and welfare of the participants and/or the community. In such case, the Director shall provide the applicant with the conditions in writing.
LEGAL REVIEW:
The City Attorney has reviewed this report.
FISCAL IMPACT:
There will be no fiscal impact made to the City.
ATTACHMENT(S)
1. Event Site Plan
2. SE24-01 - St. Rose of Lima Certificate of Insurance
AGENDA REPORT
CITY OF MAYWOOD
AGENDA ITEM NO. 11.
DATE: March 27, 2024
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JENNIFER VASQUEZ, CITY MANAGER
BY: MIGUEL LEON, ADMINISTRATIVE ANALYST
SUBJECT: CONSIDERATION FOR APPROVAL OF RESOLUTION NO. 6343 AUTHORIZING THE
CITY MANAGER TO SUBMIT AN APPLICATION FOR LOCAL ASSISTANCE
SPECIFIED GRANT FUNDS FROM THE STATE DEPARTMENT OF PARKS AND
RECREATION AND AUTHORIZATION TO EXECUTE GRANT DOCUMENTS RECOMMENDATION:
Staff recommends that the City Council approve Resolution No. 6343 authorizing the City Manager to file an application for Specified Grant funds from the State Department of Parks and Recreation in the amount of $750,000 for the Teen Center Park Renovation Project.
BACKGROUND:
As part of the fiscal year 2023-24 budget, the State Legislature has allocated $750,000 to the City of Maywood for renovation projects aimed at enhancing the infrastructure and amenities of the planned Teen Center.
Assemblymember Speaker Emeritus Anthony Rendon played a pivotal role in securing funding allocation. To access these funds, the City of Maywood must fulfill the requisite procedure by submitting a grant application and formalizing a grant agreement with California State Parks.
DISCUSSION:
The Specified Grant funds are earmarked for substantial improvements to the planned Teen Center, situated at 4801 Slauson Avenue (formerly a Los Angeles Unified School District office), through comprehensive renovation and improvement initiatives. Specifically tailored to address the evolving needs of the youth demographic, the Teen Center improvement project will encompass extensive facility upgrades and structural enhancements, both internally and externally.
Approval of the resolution from the City Council is required to authorize the acceptance of grant funding from the California State Department of Parks and Recreation, in adherence to the guidelines outlined in the Procedural Guide for Local Assistance Specified Grants – Capital for the fiscal year 2023-24.
LEGAL REVIEW:
The City Attorney has reviewed this report.
FISCAL IMPACT:
There is no fiscal impact on the general fund at this time. The proposed action involves submitting a grant application for a total of $750,000. Once the grant agreement is executed, these funds will be designated for
the ongoing development stages of the Teen Center Park Renovation Project; these funds are provided to the City on a reimbursement basis. Thus, the general fund will need to be used initially for related expenditures and such budgeting will occur as the projects move further along.
Currently, additional grant funding to complete the improvement are being secured. Staff will promptly advise the City Council and seek approval before commencing any project-related activities.
ATTACHMENT(S)
1. Resolution No. 6343 - 2023-24 Specified Resolution
2. FY 23-24 Specified Guidelines Capital
RESOLUTION NO. 6343
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MAYWOOD, CALIFORNIA, APPROVING APPLICATION(S)
FOR SPECIFIED GRANT FUNDS FROM THE BUDGET ACT
OF 2023, 19.561(B)(38) CITY OF MAYWOOD CAPITAL
OUTLAY
WHEREAS, the State Department of Parks and Recreation has been delegated the responsibility by the Legislature of the State of California for the administration of a grant to the City of Maywood, setting up necessary procedures governing application(s); and WHEREAS, said procedures established by the State Department of Parks and Recreation require the applicant’s Governing Body to certify by resolution the approval of project application(s) before submission of said applications to the State; and WHEREAS, the applicant will enter into a contract with the State of California to complete project(s);
NOW, THEREFORE, BE IT RESOLVED, THE CITY COUNCIL OF THE CITY OF MAYWOOD DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. Approves the filing of project application(s) for specified grant project(s); and
Section 2. Certifies that said applicant has or will have available, prior to commencement of project work utilizing specified grant funds, sufficient funds, including those provided by this grant, to complete the project; and Section 3. Certifies that the applicant has reviewed, understands, and agrees to the General Provisions contained in the contract shown in this Procedural Guide; and
Section 4. Delegates the authority to the City Manager, or designee to conduct all negotiations, sign and submit all documents, including, but not limited to applications, agreements, amendments, and payment requests, which may be necessary for the completion of the project scope(s); and Section 5. Agrees to comply with all applicable federal, state and local laws, ordinances, rules, regulations and guidelines.
PASSED, APPROVED AND ADOPTED THIS 27th day of March 2024.
Eddie De La Riva, Mayor
ATTEST: APPROVED AS TO FORM:
Brian E. Juarez, City Clerk Roxanne Diaz, City Attorney
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF MAYWOOD
I, Brian E. Juarez, City Clerk of the City of Maywood, County of Los Angeles, State of California, do hereby certify that the foregoing Resolution, being Resolution No. 6343, was duly passed, approved by not less than four members of the City Council of the City of Maywood, signed by the Mayor of said City, and attested by the City Clerk, all at a regular meeting of the City Council held on the 27th day of March, 2024, that it was duly posted and that the same was passed and adopted by the following vote, to wit:
AYES:
NAYES:
ABSENT:
ABSTAINED:
Brian E. Juarez, City Clerk
2023-24
Procedural Guide
For
Local Assistance Specified Grants – Capital
September 2023
State of California
The Natural Resources Agency
Department of Parks and Recreation
Office of Grants and Local Services (OGALS)
“Creating Community through People, Parks, and Programs” Send Application and correspondence to your
Administrative Project Officer listed at: www.parks.ca.gov/grants/contacts Mailing Address:
State of California
Dept. of Parks and Recreation
P.O. Box 942896
Sacramento, CA 94296-0001
Attn: Office of Grants and Local Services
www.parks.ca.gov/grants
GRANTEE SPECIFIED GRANT PROCEDURAL GUIDE - CAPITAL
STATE OF CALIFORNIA
DEPARTMENT OF PARKS AND RECREATION
Department Mission
The mission of the California Department of Parks and Recreation is to provide for the health, inspiration, and education of the people of California by helping to preserve the state’s extraordinary biological diversity, protecting its most valued natural and cultural resources, and creating opportunities for high-quality outdoor recreation.
Office of Community Engagement Mission
The mission of the Community Engagement Division is to encourage healthy communities by connecting people to parks, supporting innovative recreational opportunities, embracing diversity, fostering inclusivity, and delivering superior customer leadership through quality customer services.
The Office of Grants and Local Services (OGALS) Mission Statement The mission of the Office of Grants and Local Services is to address California’s diverse recreational, cultural and historical resource needs by developing grant programs, administering funds, offering technical assistance, building partnerships and providing leadership through quality customer service.
OGALS VISION GOALS
To Be:
A leader among park and recreation professionals.
Proactive in anticipating public park and recreation needs and how new legislation and grant programs could best meet these needs.
Honest, knowledgeable, and experienced grant administration facilitators. Sensitive to local concerns while mindful of prevailing laws, rules, and regulations. Perceptive to opportunities for partnerships, growth and renewal where few existed before.
Committed to providing quality customer service in every interaction and transaction.
Responsive to the needs of applicants, GRANTEES, nonprofit organizations, local governments, legislative members, and department employees.
3 TABLE OF CONTENTS
I. INTRODUCTION ....................................................................................................... 4 II. GRANT PROCESS ................................................................................................... 4 Resolution Form......................................................................................................... 7 III. APPLICATION SECTION ................................................................................ 8 APPLICATION PACKET checklist and directions.............................................................. 8 Additional Non-Profit Requirements......................................................................... 10 Project Application Form.......................................................................................... 11 PROJECT SCOPE/Cost Estimate Form........................................................................ 12 Funding Sources Form ............................................................................................ 13 CEQA Compliance Certification Form...................................................................... 14 Development Project Eligible Costs and Rules........................................................ 15 Acquisition Projects.................................................................................................. 17 IV. CONTRACT SECTION............................................................................................ 19 Grant Contract....................................................................................................... 19 Project Status Report ............................................................................................ 27 V. GRANT PAYMENT SECTION ................................................................................ 28 Payment Request Form ........................................................................................ 33 Grant Expenditure Form........................................................................................ 35 Project Completion Packet.................................................................................... 31 PROJECT COMPLETION Certification......................................................................... 36 VI. ACCOUNTING AND AUDIT SECTION................................................................... 37 Accounting Requirements........................................................................................ 37 State Audit ............................................................................................................... 37 Audit Checklist ......................................................................................................... 38 VII. DEFINITIONS.......................................................................................................... 39 Words and terms shown in SMALL CAPS in this procedural guide are defined beginning on page 39.
4 I. Introduction
This specified grant originated from a line item in the State of California Budget for fiscal year 2023-24. A resolution is required before a CONTRACT will be issued, and an approved APPLICATION PACKET is required before GRANT payments can be approved. The GRANT PERFORMANCE PERIOD is July 1, 2023 – June 30, 2027.
1. Costs incurred before or after the GRANT PERFORMANCE PERIOD are not eligible for reimbursement.
2. Costs incurred after the APPROPRIATION DATE but before OGALS approves the APPLICATION PACKET are eligible if they are consistent with the GRANT SCOPE approved by OGALS and are ELIGIBLE COSTS.
II. Grant Process
Grant Process Key Dates
• Grant Performance Period: July 1, 2023 – June 30, 2027 • Resolution: Submit by December 31, 2024
• Contract: Sign and return by January 31, 2025
• Projects Complete by December 31, 2026
• Project Completion Packets: Submit by: January 31, 2027 Grant Process Detail
1. Resolution: APPLICANT sends resolution to OGALS by December 31, 2024, to allow approval within the CONTRACT ENCUMBRANCE PERIOD, which ends June 30, 2025.
2. CONTRACT: OGALS sends CONTRACT to APPLICANT. APPLICANT becomes GRANTEE when CONTRACT is fully executed during CONTRACT ENCUMBRANCE PERIOD. a. The CONTRACT section includes a sample contract and the contract provisions.
b. The APPLICANT must return the CONTRACT signed by the AUTHORIZED REPRESENTATIVE to OGALS no later than January 31, 2025. The APPLICANT becomes a GRANTEE when the CONTRACT is signed by OGALS. c. OGALS returns a copy of the fully executed CONTRACT to the GRANTEE.
3. APPLICATION PACKET(s): The GRANTEE defines the SCOPE(s) and amount of grant funds needed for each PROJECT. As PROJECTS are identified, the GRANTEE may submit individual APPLICATION PACKET(s) to OGALS. OGALS reviews each APPLICATION PACKET and sends a letter of approval to the GRANTEE or requests additional information.
After each PROJECT is approved by OGALS, OGALS will send a Status Report to the GRANTEE approximately every six months until OGALS receives a PROJECT COMPLETION PACKET. The GRANTEE must return the Status Report within thirty
5 (30) days from receipt. Payment requests will not be processed if Status Reports are overdue.
4. Payments and end of GRANT PERFORMANCE PERIOD: GRANTEE requests payments for ELIGIBLE COSTS. OGALS recommends that GRANTEE provide all PROJECT COMPLETION PACKET(S) no later than January 31, 2027. The grant payments section provides payment request instructions and forms. a. The GRANTEE may request payments after each PROJECT is approved by OGALS. GRANT funds may only be expended on ELIGIBLE COSTS incurred within the GRANT PERFORMANCE PERIOD.
b. The GRANTEE completes PROJECT SCOPE(s) and sends PROJECT COMPLETION PACKET(s) to OGALS no later than January 31, 2027.
c. The State of California receives a high volume of payment requests at the end of the fiscal year. If the PROJECT COMPLETION PACKET is received after January 31, 2027, OGALS cannot guarantee final payment by the State Controller’s Office. If the State Controller’s Office is unable to process the payment before the end of the GRANT PERFORMANCE PERIOD, the unpaid balance of grant funds will revert to the Legislature.
d. OGALS processes the final payment request after each PROJECT is complete as documented by the GRANTEE in the PROJECT COMPLETION PACKET, and as verified by OGALS when conducting a final site inspection.
5. Accounting and Audit: DPR’s Audits Office may conduct an audit. The GRANTEE is required to retain all PROJECT records for five years following receipt of the final GRANT payment. The Accounting and Audit Section provides directions and an Audit Checklist for DPR audit and accounting requirements.
6 Authorizing Resolution
GRANTEE passes one resolution approving the filing of applications associated with theCONTRACT and forwards a copy to OGALS.
The Authorizing Resolution on the following page may be reformatted; however, the language provided in the resolution must remain unchanged.
The Authorizing Resolution serves two purposes:
1. It is how the GRANTEE’S Governing Body agrees to the terms of the CONTRACT; it provides confirmation that the GRANTEE has the funding to complete, operate and maintain PROJECTS associated with the CONTRACT.
2. It designates a position title to represent the Governing Body on all matters regarding PROJECTS associated with the CONTRACT. The incumbent in this position is referred to as the AUTHORIZED REPRESENTATIVE.
The AUTHORIZED REPRESENTATIVE can delegate signatory authority to other individuals (by position title) either in entirety or for particular documents. The delegation process requires the AUTHORIZED REPRESENTATIVE to submit a letter (on letterhead) or email to OGALS delegating authority.
7 Resolution Form
Resolution No: __________________
RESOLUTION OF THE ___________ (Title of Governing Body/City Council, Board of Supervisors) OF ___________ (City, County, or District) APPROVING APPLICATION(S) FOR SPECIFIED GRANT FUNDS from Budget Act 2023/24 (Budget line item and language)
WHEREAS, the State Department of Parks and Recreation has been delegated the responsibility by the Legislature of the State of California for the administration of a grant to the [grantee name], setting up necessary procedures governing application(s); and
WHEREAS, said procedures established by the State Department of Parks and Recreation require the applicant’s Governing Body to certify by resolution the approval of project application(s) before submission of said applications to the State; and WHEREAS, the applicant will enter into a contract with the State of California to complete project(s);
NOW, THEREFORE, BE IT RESOLVED that the ___________ (grantee’s governing body) hereby:
1. Approves the filing of project application(s) for specified grant project(s); and
2. Certifies that said applicant has or will have available, prior to commencement of project work utilizing specified grant funds, sufficient funds, including those provided by this grant, to complete the project; and
3. Certifies that the applicant has or will provide sufficient funds to operate and maintain the project(s); and
4. Certifies that the applicant has reviewed, understands, and agrees to the Provisions contained in the contract in this Procedural Guide; and
5. Delegates the authority to the ___________ (designated position, not name of person occupying position), or designee to conduct all negotiations, sign and submit all documents, including, but not limited to applications, agreements, amendments, and payment requests, which may be necessary for the completion of the project scope(s); and
6. Agrees to comply with all applicable federal, state and local laws, ordinances, rules, regulations and guidelines.
Approved and adopted the _____day of ______________, 20_______.
I, the undersigned, hereby certify that the foregoing Resolution Number_____ was duly adopted by the ___________ (grantee’s governing body) following a roll call vote:
Ayes:
Noes:
Absent: __________________________
(Clerk)
8 III. APPLICATION SECTION • GRANTEE may submit multiple APPLICATION PACKETS to OGALS. • Provide the APPLICATION PACKET items in the following checklist. • If a checklist item is not applicable to the PROJECT, provide a brief explanation. • If an application item is incomplete send a draft with a timeline for completion.
Application packet checklist and directions
GRANTEES must complete the checklist below and submit it with the APPLICATION PACKET.
An APPLICATION PACKET is not complete unless all items on the checklist are submitted.
Each PROJECT requires its own APPLICATION PACKET. Check if included Check if not applicable Application Item
Procedural
Guide
Page #
Check when
signed by
AUTHORIZED
REPRESENTATIVE
Application
Packet
Page #
Application Packet Checklist
Digital file name: checklist.pdf Pg. 8 Pg._____
Application
Digital file name: application.pdf Pg. 11 Pg._____
Project Scope/Cost Estimate
Digital file name: costestimate.pdf Pg. 12 Pg._____
Funding Sources Form
Digital file name: fundingsources.pdf Pg. 13
CEQA Compliance Certification
and filed NOE or NOD
Digital file name: ceqacert.pdf / NOE or NOD.pdf
Pg. 14 Pg._____
Acquisition Requirements
Digital file names: acqscope.pdf & acqdocs.pdf Pg. 17 Pg._____ Land Tenure documentation
Digital file names: ownership.pdf or
nonownership.pdf
Pg. 9 Pg._____
Sub-Leases or Agreements
Digital file name: otheragreements.pdf Pg. 9 Pg._____
Site Plan
Digital file name: siteplan.pdf Pg. 9 Pg._____
Pg._____
9 Site Plan
• Provide a drawing showing where each feature and support amenity listed in the Project Scope/Cost Estimate Form will be located.
• Include the function and approximate square footage of each room within buildings that are part of the project SCOPE, and the approximate total square footage of the buildings.
Land Tenure and Site Control
If the property is owned in fee simple by the APPLICANT, provide one of the following:
• Deed or deed recordation number
• Title report
• Parcel/Tract map (if owner’s name provided)
If the property is not owned in fee simple or on a right-of-way, provide the lease, easement, joint powers agreement, etc.
Sub-leases or Agreements
Provide a list of all other leases, agreements, memoranda of understanding, etc., affecting PROJECT property or its operation and maintenance.
California Environmental Quality Act (CEQA)
The APPLICANT should check with its local city or county planning agency for CEQA compliance information.
• If CEQA is complete: provide the CEQA Compliance Certification Form and required Notice of Exemption or Notice of Determination, filed with the County Recorder.
• If CEQA is not complete: provide a timeline for completion and state “completing CEQA is a Project Scope Item.”
10 Additional Non-Profit Requirements
Fidelity Bond (For Non-profit grantees only)
Non-profit GRANTEES must provide a copy of a current Fidelity Bond policy to their PROJECT OFFICER before OGALS will approve any payment requests. The premium for a Fidelity Bond is an eligible cost.
A Fidelity Bond provides insurance covering fraudulent acts of GRANTEES’ employees, volunteers, officers, and directors. The GRANTEE is the insured party. DPR must be named as a Third-Party Loss Payee. OGALS address is State of California, Dept. of Parks and Recreation, P.O. Box 942896, Sacramento, CA 94296-0001, Attn: Office of Grants and Local Services.
Coverage must be at least equal to the GRANT amount. Fidelity Bond insurance must be kept current for at least six months after the date of the final GRANT payment.
GRANTEES may obtain the Fidelity Bond through a general liability carrier, a major casualty insurance carrier, or a bonds specialty company. There are Fidelity Bond frequently asked questions available on the OGALS web site.
Competitive Bid Solicitation Process (For non-profit grantees only)
1. Non-profit GRANTEE must attempt to obtain three bids for services greater than $10,000 and for construction work greater than $25,000.
2. To ensure bidders understand the required PROJECT elements, the GRANTEE provides each bidder (potential contractor) the same written invitation for bid describing the PROJECT work to be performed based on “Best Value” factors, and the required PROJECT elements based on the Project Scope/Cost Estimate Form, and concept level site plan.
3. Solicit bids by contacting at least three potential contractors or by invitation for bids advertising, or a combination of both methods.
The GRANTEE’s Board of Directors evaluates the bids to determine which contractor will provide the “best value” and will meet PROJECT requirements. “Best value” should be determined by price, quality of materials, equipment, and workmanship. The evaluation process must ensure no conflict of interest between the contractor and the GRANTEE’s Board of Directors. The GRANTEE’s Board of Directors need not necessarily accept the lowest bid, but a reasonable justification for the decision should be recorded in writing.
4. The Board of Directors selects a contractor and awards a contract.
5. For audit purposes, the GRANTEE keeps records of Steps 1 – 4 above.
Competitive Bid Solicitation Requirement
The non-profit GRANTEE may request a waiver of the competitive solicitation process requirement. To request a waiver, the GRANTEE must send a written request to the PROJECT OFFICER assigned to the GRANT PROJECT and explain why a waiver is required.
11 State of California – The Resources Agency
DEPARTMENT OF PARKS AND RECREATION
Capital Outlay Project Application Form
PROJECT NAME REQUESTED GRANT AMOUNT
$
PROJECT SITE NAME and PHYSICAL ADDRESS where
PROJECT is located (including zip code)
(Use latitude and longitude if there is no street address) LAND TENURE ( all that apply)
Owned in fee simple by APPLICANT
Available (or will be available) under
a _________year lease or easement
NEAREST CROSS STREET(S)
COUNTY OF PROJECT LOCATION
APPLICANT NAME AND MAILING ADDRESS
AUTHORIZED REPRESENTATIVE AS SHOWN IN RESOLUTION
___________________________________________________________________________________ Name (typed or printed) and Title Email address Phone
GRANT CONTACT - For administration of grant (if different from AUTHORIZED REPRESENTATIVE) ___________________________________________________________________________________ Name (typed or printed) and Title Email address Phone
GRANT SCOPE: I represent and warrant that this APPLICATION PACKET describes the intended use of the requested GRANT to complete the items listed in the attached Project Scope/Cost Estimate Form. I declare under penalty of perjury, under the laws of the State of California, that the information contained in this APPLICATION PACKET, including required attachments, is accurate. ____________________
Signature of AUTHORIZED REPRESENTATIVE as shown in Resolution Date Print Name
Title
12 Project Scope/Cost Estimate Form
GRANTEE: PROJECT Name
Project Scope (Describe the project in 30 words or less):
Project SCOPE ITEMS
ACQUISITION: List each parcel number, acreage, estimated date of purchase and cost.
DEVELOPMENT: List each feature and major support amenity. Estimated Cost $
$
$
$
$
$
$
$
$
$
$
$
$
Total GRANT amount: $
AUTHORIZED REPRESENTATIVE Signature Date
Print Name and Title
The APPLICANT understands that this form will be used to establish ELIGIBLE COSTS, and that all features and support amenities listed on this form must be completed before the final PROJECT payment is processed as specified in the Final Payments section of this guide.
State of California – The Natural Resources Agency
DEPARTMENT OF PARKS AND RECREATION
13 GRANTEE: PROJECT Name
PROJECTS funded by the program are not complete until the PROJECT SCOPE is complete, and the PROJECT is open to the public. PROJECTS will:
• Be entirely funded by the GRANT, or
• Require funds in excess of the GRANT.
If the PROJECT requires funds in excess of the GRANT, the SCOPE of the PROJECT may be either the SCOPE of the larger project, or a subset of the larger project.
For example, if the PROJECT is $100,000 towards construction of a $500,000 park, the SCOPE can be the $500,000 park, or a $100,000 element of the park, such as a playground, that can be complete and open to the public.
The PROJECT will be entirely funded by the GRANT, or
The PROJECT requires funds in excess of the GRANT:
The SCOPE is the same as the scope of the larger project, or The SCOPE is a subset of a larger project, the scope of that larger project is:
Larger project cost: $ Anticipated completion date:
List all funds that will be used. Submit revised Funding Sources form should funding sources be added or modified.
Funding Source Date Committed Amount
$
$
$
I represent and warrant that I have full authority to execute this Funding Sources Form on behalf of the GRANTEE. I declare under penalty of perjury, under the laws of the State of California, that this status report, and any accompanying documents, for the abovementioned GRANT is true and correct to the best of my knowledge.
AUTHORIZED REPRESENTATIVE Signature Date
Print Name and Title
Funding Sources Form
14 State of California – The Resources Agency
DEPARTMENT OF PARKS AND RECREATION
CEQA Compliance Certification Form
GRANTEE:
Project Name:
Project Address:
Is CEQA complete? Yes No Is completing CEQA a PROJECT SCOPE item? Yes No What document was filed, or is expected to be filed for this project’s CEQA analysis:
__________________________________
Date complete/expected to be completed: ___________________ Notice of Exemption (attach recorded copy if filed)
Notice of Determination (attach recorded copy if filed) Other:
If CEQA is complete, and a Notice of Exemption or Notice of Determination was not filed, attach a letter from the Lead Agency explaining why, certifying the project has complied with CEQA and noting the date that the project was approved by the Lead Agency.
Lead Agency Contact Information
Agency Name:
Contact Person:
Mailing Address:
Phone: ( ) Email:
Certification:
I hereby certify that the above referenced Lead Agency has complied or will comply with the California Environmental Quality Act (CEQA) and that the project is described in adequate and sufficient detail to allow the project’s construction or acquisition.
I further certify that the CEQA analysis for this project encompasses all aspects of the work to be completed with grant funds.
AUTHORIZED REPRESENTATIVE Signature Date
Print Name and Title
15 Development Projects
Development Project Rules
1. Contracted work must comply with the provisions of §1771.5 of the State Labor Code.
2. GRANTEE must have adequate liability insurance, performance bond, or other security necessary to protect the State and GRANTEE’S interest against poor workmanship, fraud, or other potential loss associated with the completion of the PROJECT.
3. PROJECTS must be accessible, including an accessible path of travel to the PROJECT.
Eligible Development Costs
All costs must be incurred within the GRANT PERFORMANCE PERIOD. Costs listed below are examples of eligible costs, and not inclusive. Contact OGALS if you have any questions regarding a PROJECT cost.
Eligible Pre-construction Costs – incurred prior to groundbreaking as determined by the GRANTEE
• Public meetings, focus groups, design workshops
• Plans, specifications, construction documents, and cost estimates • Permits
• CEQA and/or environmental review
• Bid preparation and packages
• IN-HOUSE EMPLOYEE SERVICES prior to groundbreaking
• GRANT/PROJECT administration and accounting prior to groundbreaking Eligible Construction Costs – up to 100% of the PROJECT costs; incurred after CEQA completion and groundbreaking,
• Construction – necessary labor and construction activities to complete the PROJECT, including site preparation (demolition, clearing and grubbing, excavation, grading), onsite implementation and construction supervision
• Equipment – Equipment use charges (rental and in-house) must be made in accordance with GRANTEE’S normal accounting practices
• Premiums on hazard and liability insurance to cover personnel or property • Site preparation
• Purchase and installation of equipment: i.e., security cameras, lighting, signs, display boards, sound systems, video equipment
• Construction management: including site inspections and PROJECT administration • Miscellaneous: other costs incurred during the construction phase, such as transporting materials, equipment, or personnel, and communications • IN-HOUSE EMPLOYEE SERVICES after groundbreaking
• GRANT/PROJECT administration and accounting after groundbreaking Ineligible Development Costs – Cannot be charged to the grant • Furniture or equipment not site specific and not necessary for the core function of a new facility (non-capital outlay)
• Costs incurred before or after the GRANT PERFORMANCE PERIOD
16 • Indirect costs – overhead business expenses of the GRANTEE’S fixed or ordinary operating costs (rent, mortgage payments, property taxes, utilities, etc.) • Gifts and honorarium
• Food and beverages not associated with travel per diem • Out-of-state travel
• Fundraising, lobbying, and grant writing
Accounting Rules for In-House Employee Services
GRANTEES must follow these accounting practices for services performed by its employees to be eligible for reimbursement:
• Maintain time and attendance records as charges are incurred, identifying the employee through a name or other tracking system, and that employee’s actual hours worked on the PROJECT.
• Time estimates, including percentages, for work performed on the PROJECT are not acceptable.
• Time sheets that do not identify the specific employee’s actual hours worked on the PROJECT are not acceptable.
• Costs of the salaries and wages must be calculated according to the GRANTEE’S wage and salary scales and may include employer paid fringe benefit costs such as SDI, health insurance, pension contributions and workers’ compensation. • Overtime costs may be allowed under the GRANTEE’S established policy, provided that the regular work time was devoted to the same PROJECT. • May not include overhead or cost allocation. These are the costs generally associated with supporting an employee, such as rent, personnel support, IT, utilities, etc.
• If planning to claim IN-HOUSE EMPLOYEE SERVICES costs, provide a sample timesheet for OGALS review to confirm these accounting practices are being followed.
17 Acquisition Projects and Rules
1. Purchase price cannot exceed the appraised value, even if the GRANTEE is willing to pay the difference.
2. Land cannot be acquired through eminent domain.
3. GRANTEE must provide Title Insurance.
Acquisition Grant Scope/Cost Estimate
Provide the following information on a document signed by the AUTHORIZED REPRESENTATIVE:
• A brief description, for example, “Acquisition of approximately (ENTER TOTAL ACREAGE to be acquired) for the development of [NAME] Park by (ENTER DATE no later than three years from the date final payment is issued by the SCO).” • Estimated total costs for land and relocation.
• Estimated total costs other than the purchase price and relocation costs, such as appraisals, escrow, title insurance, deed restriction recordation.
Acquisition Documentation
For each parcel to be acquired, submit these documents:
1. An appraisal conducted within the last twelve months.
2. A separate letter from an independent third party, AG rated appraiser certified by the California Office of Real Estate Appraisers stating the appraisal was reviewed, and was completed using acceptable methods.
3. County Assessor’s parcel map, showing parcel number and parcel to be acquired.
4. Estimated value of each parcel to be acquired with a description of how that value was determined (such as the listed price on MLS, in-house estimation, website evaluation, assessed value).
5. Acreage of each parcel to be acquired.
For easement acquisitions, in addition to the requirements above, provide:
6. A copy of the proposed easement guaranteeing the authority to use the property for the purposes specified in the application.
For relocation costs, in addition to the requirements above, provide: A letter signed by the AUTHORIZED REPRESENTATIVE, listing the relocation costs for each displaced tenant, certifying that the relocation amount does not exceed the maximum allowed pursuant to Government Code §7260-7277.
Eligible Acquisition Costs
• IN-HOUSE EMPLOYEE SERVICES – see accounting rules
• GRANT/PROJECT administration and accounting
• Public meetings/focus groups/design workshop
• Appraisals, escrow fees, surveying, other costs associated with acquisition • Cost of land
• Surveying and/or lot line adjustments
• CEQA and/or environmental review
18 Ineligible Acquisition Costs – Cannot be charged to the grant • Acquisitions where purchase price is greater than appraised value • Costs for land acquired through eminent domain or condemnation • Costs incurred outside the GRANT performance period
• Development costs
19 IV. CONTRACT SECTION
The following section contains a sample CONTRACT, CONTRACT provisions, and a sample status report form.
State of California – The Resources Agency
DEPARTMENT OF PARKS AND RECREATION
Grant Contract
Specified Grants
GRANTEE: Grantee
GRANT PERFORMANCE PERIOD is from July 1, 2023 through June 30, 2027 CONTRACT PERFORMANCE PERIOD is from July 1, 2023 through June 30, 2027 The GRANTEE agrees to the terms and conditions of this Contract, and the State of California, acting through its Director of Parks and Recreation, pursuant to the State of California, agrees to fund the total State grant amount indicated below.
The GRANTEE agrees to complete the PROJECT SCOPE(s) as defined in the PROJECT SCOPE /Cost Estimate Form of the application(s) filed with the State of California.
Total State grant amount not to exceed $ Grant amount
The General and Special Provisions attached are made a part of and incorporated into the Contract.
STATE OF CALIFORNIA
DEPARTMENT OF PARKS AND RECREATION
By______________________________________
Date____________________________________
_______________________________________________
GRANTEE
By _________________________________________
(Typed or printed name of Authorized
Representative)
________________________________________
(Signature of AUTHORIZED REPRESENTATIVE)
Title _________________________________________
Date _________________________________________
CERTIFICATION OF FUNDING (FOR STATE USE ONLY)
AMOUNT OF ESTIMATE $ CONTRACT NUMBER FUND
ADJ. INCREASING ENCUMBRANCE $ APPROPRIATION
ADJ. DECREASING ENCUMBRANCE $ ITEM VENDOR NUMBER
UNENCUMBERED BALANCE $ LINE ITEM ALLOTMENT CHAPTER STATUTE FISCAL YEAR T.B.A. NO. B.R. NO. INDEX PCA OBJ. EXPEND
I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance.
SIGNATURE OF ACCOUNTING OFFICER DATE
20 I. RECITALS
This AGREEMENT is entered into between the California Department of Parks and Recreation (hereinafter referred to as “GRANTOR,” “DEPARTMENT” or “STATE”) and [Name of grantee] (hereinafter referred to as “grantee”).
The DEPARTMENT hereby grants to GRANTEE a sum (also referred to as “GRANT MONIES”) not to exceed $[grant amount], subject to the terms and conditions of this AGREEMENT and the [2023- 2024 California State Budget, AB 102, Chapter 38, Statutes of 2023] (appropriation chapter and budget item number hereinafter referred to as “SPECIFIED GRANT”). These funds shall be used for completion of the GRANT SCOPE(S).
The Grant Performance Period is from July 1, 2023 to June 30, 2027.
II. GENERAL PROVISIONS
A. Definitions
As used in this CONTRACT, the following words shall have the following meanings:
1. The term “APPLICATION” means the individual project APPLICATION packet for a project pursuant to the enabling legislation and/or grant program PROCEDURAL GUIDE requirements.
2. The term “CONTRACT PERFORMANCE PERIOD” means the duration of time during which this CONTRACT is in effect.
3. The term “DEPARTMENT” or “STATE” means the California Department of Parks and Recreation.
4. The term “DEVELOPMENT” means capital improvements to real property by means of, but not limited to, construction, expansion, and/or renovation, of permanent or fixed features of the property.
5. The term “GRANTEE” means the party described as the GRANTEE in Section I of this AGREEMENT.
6. The term “GRANT PERFORMANCE PERIOD” means the period of time during which eligible costs may be incurred by the GRANTEE and paid for by the DEPARTMENT, as specified in the fully executed CONTRACT.
7. The term “GRANT PROJECT” means all real estate, leases, subleases, buildings, and other property acquired or developed with GRANT monies.
8. The term “PROJECT SCOPE” means the items listed in the PROJECT SCOPE/Cost Estimate Form found in each of the APPLICATIONS submitted pursuant to this grant.
9. The term “PROCEDURAL GUIDE” means the document identified as the “2023-243 Procedural Guide for Specified Grants.” The PROCEDURAL GUIDE provides the procedures and policies controlling the administration of the grant.
21 B. Project Execution
1. Subject to the availability of GRANT MONIES, the STATE hereby grants to the GRANTEE a sum of money not to exceed the amount stated in Section I of this CONTRACT, in consideration of, and on condition that, the sum be expended in carrying out the purposes as set forth in the scope described in the enabling legislation and referenced in the APPLICATION, Section I of this CONTRACT, and under the terms and conditions set forth in this CONTRACT.
The GRANTEE shall assume any obligation to furnish any additional funds that may be necessary to complete the GRANT SCOPE(S).
During the CONTRACT PERFORMANCE PERIOD, the GRANTEE agrees to submit any proposed change or alteration from the original GRANT SCOPE(S) in writing to the STATE for prior approval. This applies to any and all proposed changes that will occur after STATE has approved the APPLICATION. Changes in the GRANT SCOPE(S) must first be approved in writing by the STATE.
2. The GRANTEE shall complete the GRANT SCOPE(S) in accordance with the time of the Performance Period set forth in Section I of this CONTRACT, and under the terms and conditions of this contract.
3. The GRANTEE shall comply with the California Environmental Quality Act (Public Resources Code, Section 21000, et seq., Title 14, California Code of Regulations, Section 15000 et seq.).
4. The GRANTEE shall comply with all applicable current laws and regulations affecting DEVELOPMENT projects, including, but not limited to, legal requirements for construction contracts, building codes, health and safety codes, and laws and codes pertaining to individuals with disabilities, including but not limited to the Americans with Disabilities Act of 1990 (42 U.S.C. §12101 et seq.) and the California Unruh Act (California Civil Code §51 et seq.) C. Project Costs
1. GRANTEE agrees to abide by the PROCEDURAL GUIDE.
2. GRANTEE acknowledges that STATE may make reasonable changes to its procedures as set forth in the PROCEDURAL GUIDE. If STATE makes any changes to its procedures and guidelines, STATE agrees to notify GRANTEE within a reasonable time.
D. Project Administration
1. If GRANT MONIES are ADVANCED for projects, the ADVANCED funds will be deposited into a federally insured account that provides the ability to track interest earned and withdrawals.
Interest earned on the ADVANCED funds shall be used on the project as approved by the STATE. If grant monies are ADVANCED and not expended, the unused portion of the grant and any interest earned shall be returned to the STATE within 60 days after project completion or end of the grant performance period, whichever is earlier.
2. During the GRANT PERFORMANCE PERIOD, the GRANTEE shall submit written project status reports within 30 calendar days after the STATE has made a specific request. All such project status reports shall be signed and certified as complete and accurate by the authorized representative of the GRANTEE. In any event, the GRANTEE shall provide the STATE a report showing total final project expenditures within 60 days of project completion or the end of the
22 GRANT PERFORMANCE PERIOD, whichever is earlier. The GRANT PERFORMANCE PERIOD is identified in Section I of this CONTRACT.
3. The GRANTEE shall make property or facilities acquired and/or developed pursuant to this contract available for inspection upon request by the STATE.
E. Project Termination
1. Project Termination refers to the non-completion of a GRANT SCOPE. Any grant funds that have not been expended by the GRANTEE shall revert to the STATE.
2. The GRANTEE may unilaterally rescind this contract at any time prior to the commencement of the project. The commencement of the project means the date of the letter notifying GRANTEE of the award or when the funds are appropriated, whichever is later. After project commencement, this contract may be rescinded, modified or amended only by mutual CONTRACT in writing between the GRANTEE and the STATE, unless the provisions of this contract provide that mutual CONTRACT is not required.
3. Failure by the GRANTEE to comply with the terms of the (a) PROCEDURAL GUIDE, (b) any legislation applicable to the ACT, (c) this CONTRACT or any other grant contracts, specified or general, that GRANTEE has entered into with STATE or any other department, agency, commission or other subdivision of California State government, may be cause for suspension of all obligations of the STATE unless the STATE determines that such failure was due to no fault of the GRANTEE. In such case, STATE may reimburse GRANTEE for eligible costs properly incurred in performance of this CONTRACT despite non-performance of the GRANTEE. To qualify for such reimbursement, GRANTEE agrees to mitigate its losses to the best of its ability.
4. Any breach of any term, provision, obligation, or requirement of this CONTRACT by the GRANTEE shall be a default of this CONTRACT. In the case of any default by GRANTEE, STATE shall be entitled to all remedies available under law and equity, including but not limited to: a) Specific Performance; b) Return of all GRANT MONIES; c) Payment to the STATE of the fair market value of the project property or the actual sales price, whichever is higher; and d) Payment to the STATE of the costs of enforcement of this CONTRACT, including but not limited to court and arbitration costs, fees, expenses of litigation, and reasonable attorney fees.
5. The GRANTEE and the STATE agree that if the GRANT SCOPE includes DEVELOPMENT, final payment may not be made until the work described in the GRANT SCOPE is complete and the GRANT PROJECT is open to the public.
F. Budget Contingency Clause
If funding for any fiscal year is reduced or deleted by the budget act for purposes of this program, the STATE shall have the option to either cancel this contract with no liability occurring to the STATE or offer a contract amendment to GRANTEE to reflect the reduced grant amount. This Paragraph shall not require the mutual CONTRACT as addressed in Paragraph E, subsection 2 of this CONTRACT.
23 G. Hold Harmless
1. The GRANTEE shall waive all claims and recourse against the STATE including the right to contribution for loss or damage to persons or property arising from, growing out of or in any way connected with or incident to this CONTRACT except claims arising from the concurrent or sole negligence of the STATE, its officers, agents, and employees.
2. The GRANTEE shall indemnify, hold harmless and defend the STATE, its officers, agents and employees against any and all claims, demands, damages, costs, expenses or liability costs arising out of the ACQUISITION, DEVELOPMENT, construction, operation or maintenance of the property described as the project which claims, demands or causes of action arise under California Government Code Section 895.2 or otherwise except for liability arising out of the concurrent or sole negligence of the STATE, its officers, agents, or employees.
3. The GRANTEE agrees that in the event the STATE is named as codefendant under the provisions of California Government Code Section 895 et seq., the GRANTEE shall notify the STATE of such fact and shall represent the STATE in the legal action unless the STATE undertakes to represent itself as codefendant in such legal action in which event the GRANTEE agrees to pay the STATE’s litigation costs, expenses, and reasonable attorney fees.
4. The GRANTEE and the STATE agree that in the event of judgment entered against the STATE and the GRANTEE because of the concurrent negligence of the STATE and the GRANTEE, their officers, agents, or employees, an apportionment of liability to pay such judgment shall be made by a court of competent jurisdiction. Neither party shall request a jury apportionment.
5. The GRANTEE shall indemnify, hold harmless and defend the STATE, its officers, agents and employees against any and all claims, demands, costs, expenses or liability costs arising out of legal actions pursuant to items to which the GRANTEE has certified. The GRANTEE acknowledges that it is solely responsible for compliance with items to which it has certified.
H. Financial Records
1. The GRANTEE shall maintain satisfactory financial accounts, documents, including loan documents, and all other records for the project and shall make them available to the STATE for auditing at reasonable times. The GRANTEE also agrees to retain such financial accounts, documents and records for five years following project termination or final payment.
2. The GRANTEE shall keep such records as the STATE shall prescribe, including records which fully disclose (a) the disposition of the proceeds of STATE funding assistance, (b) the total cost of the project in connection with such assistance that is given or used, (c) the amount, source and nature of that portion of the project cost supplied by other sources, and (d) any other such records that will facilitate an effective audit.
3. The GRANTEE agrees that the STATE shall have the right to inspect and make copies of any books, records or reports pertaining to this contract or matters related thereto during regular office hours. The GRANTEE shall maintain and make available for inspection by the STATE accurate records of all of its costs, disbursements and receipts with respect to its activities under this contract, and shall provide copies of all such records to STATE in its certified status reports upon request by the STATE. Such accounts, documents, and records shall be retained by the GRANTEE for at least five years following final payment.
4. The GRANTEE shall use a generally accepted accounting system.
24 I. Use of Facilities
1. The GRANTEE agrees that the GRANTEE shall operate and maintain and retain full control of the property acquired or developed with the GRANT MONIES, for the duration of the CONTRACT PERFORMANCE PERIOD.
2. The GRANTEE agrees that, during the CONTRACT PERFORMANCE PERIOD, the GRANTEE shall use the property acquired or developed with grant funds under this contract only for the purposes of this grant and no other use, sale, assignment, transfer, mortgage, or other disposition or change of the control or use of the property or of any interest in the property to one not consistent with the grant purpose shall be permitted except as authorized by the DEPARTMENT and the property shall be replaced with property of equivalent value and usefulness as determined by the STATE.
3. The property acquired or developed may be transferred or assigned to another entity only if the successor entity assumes the obligations imposed under this contract and only with the prior approval of STATE.
4. Any real Property (including any portion of it or any interest in it, including any leases) may not be used as security or collateral for any debt, loan or mitigation, without the prior written approval of the STATE, provided that such approval shall not be unreasonably withheld as long as the purposes for which the grant was awarded are maintained. Any such permission that is granted does not make STATE a guarantor or a surety for any debt, loan or mitigation, nor does it waive STATE’s rights to enforce performance under the CONTRACT.
5. All real property (including any portion or interest in it, including any leases), or rights thereto, acquired with GRANT MONIES shall be subject to an appropriate form of restrictive title, rights, or covenants approved by the STATE. If the project property is taken by use of eminent domain, GRANTEE shall reimburse STATE an amount at least equal to the amount of grant monies received from STATE or the pro-rated full market value of the real property, including improvements, at the time of sale, whichever is higher.
6. If eminent domain proceedings are initiated against GRANTEE, GRANTEE shall notify STATE within 10 days of receiving the complaint.
J. Nondiscrimination
1. The GRANTEE shall not discriminate against any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status in the administration and in the use of any property or facility developed pursuant to this contract.
2. The GRANTEE shall not discriminate against any person on the basis of residence except to the extent that reasonable differences in admission or other fees may be maintained on the basis of residence and pursuant to law.
3. All facilities shall be open to members of the public generally, except as noted under the special provisions of this project contract or under provisions of the enabling legislation and/or grant program.
25 K. Severability
If any provision of this CONTRACT or the application thereof is held invalid, that invalidity shall not affect other provisions or applications of the CONTRACT which can be given effect without the invalid provision or application, and to this end the provisions of this CONTRACT are severable.
L. Liability
1. STATE assumes no responsibility for assuring the safety or standards of construction, site improvements or programs related to the GRANT SCOPE. The STATE’S rights under this CONTRACT to review, inspect and approve the GRANT SCOPE and any final plans of implementation shall not give rise to any warranty or representation that the GRANT SCOPE and any plans or improvements are free from hazards or defects.
2. GRANTEE shall ensure that any contractor hired has adequate liability insurance, performance bond, or other security necessary to protect the GRANTEE interest and the STATE’s interest against poor workmanship, fraud, or other potential loss associated with the completion of the grant project.
M. Assignability
Without the written consent of the STATE, the GRANTEE’S interest in and control of any portion of the GRANT PROJECT and responsibilities under this CONTRACT shall not be assignable or transferable by the GRANTEE either in whole or in part.
N. Use of Grant Monies
GRANTEE shall not use any grant funds (including any portion thereof) for the purpose of making any leverage loan, pledge, promissory note or similar financial device or transaction, without: 1) the prior written approval of the STATE; and 2) any financial or legal interests created by any such leverage loan, pledge, promissory note or similar financial device or transaction in the project property shall be completely subordinated to this CONTRACT through a Subordination Agreement provided and approved by the STATE, signed by all parties involved in the transaction, and recorded in the County Records against the fee title of the project property.
O. Section Headings
The headings and captions of the various sections of this CONTRACT have been inserted only for the purpose of convenience and are not a part of this CONTRACT and shall not be deemed in any manner to modify, explain, or restrict any of the provisions of this CONTRACT P. Waiver
Any failure by a party to enforce its rights under this CONTRACT, in the event of a breach or default, shall not be construed as a waiver of said rights; and the waiver of any breach or default under this CONTRACT shall not be construed as a waiver of any subsequent breach.
26 III. SPECIAL PROVISIONS
On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. The EO directs state agencies to terminate contracts with, and to refrain from entering any new contracts with, individuals or entities that are determined to be a target of Economic Sanctions. This Executive order extends to recipients of any State Grants (Grantee). Grantees include those who have contracted or will contract to receive State grants funds. Accordingly, should the State determine that a Grantee is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for termination of this agreement. The State shall provide the Grantee advance written notice of such termination, allowing the Grantee at least 30 calendar days to provide a written response. Termination of any contract found to be in violation of this Executive Order shall be at the sole discretion of the State. _____________________________________
GRANTEE
By:__________________________________
Signature of Authorized Representative
Title: _________________________________
Date: _________________________________
STATE OF CALIFORNIA
DEPARTMENT OF PARKS AND RECREATION
By: _________________________________
Date: _________________________________
27 Project Status Report
To monitor progress, every six months OGALS will send Project Status Reports to GRANTEE to complete for each PROJECT. GRANTEE must return Status Reports to OGALS within thirty days from receipt. This requirement continues until OGALS receives GRANT COMPLETION PACKETS. Payment requests will not be processed if Project Status Reports are overdue. See the sample report below, which is subject to change.
Project Status Report
Grantee:
Project Number:
Project Name:
Advances to date without documentation (attach a Grant Expenditure Form documenting expenditure of the balance, if applicable):
If a portion of the advanced funds have not been spent, and more than six months have passed since the Grantee received the advanced funds, the balance must be spent on eligible costs or returned to OGALS within 60 days from receipt of this form.
Briefly describe completed work funded by the grant since the last Project Status Report [DATE]:
(Continue on another sheet if needed.)
Pre-Construction/Pre-Acquisition (Planning, CEQA, etc.):
1) ___________________________________________________________________________ ___________________________________________________________________________ Acquisition and/or Construction -- and Provide photos showing work completed since [DATE] 2) ___________________________________________________________________________ ___________________________________________________________________________ Potential Obstacles Affecting Completion
3) ___________________________________________________________________________ ___________________________________________________________________________ 4) Total Funds Spent To Date Using This Grant $_____________ 5) Percentage of Project Complete:________________
6) Estimated Date of Project Completion: ___________________ 7) On Time: Yes / No If not, explain:
8) Within Budget: Yes / No If not, explain:
9) Within Scope: Yes / No If not, explain:
I represent and warrant that I have full authority to execute this Grant Progress Status Report on behalf of the Grantee. I declare under penalty of perjury, under the laws of the State of California, that this status report, and any accompanying documents, for the above-mentioned Grant is true and correct to the best of my knowledge.
__________________________ _______________________ _____________ Authorized Representative* Title Date
(*Certification to above information requires a signature by a person authorized in the resolution)
28 V. Grant Payment Section
There are three types of payments:
• Pre-construction and Construction Reimbursement payments • ADVANCE payments for construction and ACQUISITION ADVANCES into escrow • Final payments
Payment requests are processed through the State Controller’s Office and are mailed to the GRANTEE eight to ten weeks from the date the request is approved by OGALS.
OGALS will not approve payment requests that do not meet the requirements described in this GRANT ADMINISTRATION GUIDE.
OGALS may withhold payment if the GRANTEE has outstanding issues, such as:
• Breach of any other contract with OGALS
• An unresolved audit exception
• An outstanding conversion
• Sites closed or inadequately maintained
• Overdue Project Status Reports
• Other unmet grant requirements
Payment Rules
1. Costs eligible for reimbursement must be directly related to the specified grant as described in the budget language.
2. GRANT payments before the final payment may not exceed 80% of the PROJECT amount. 20% of the PROJECT amount is retained for the final payment as a REIMBURSEMENT.
3. The GRANTEE should group costs together to avoid frequent payment requests. Payment requests greater than $10,000 are encouraged.
4. Complete CEQA prior to requesting any reimbursement for construction costs.
5. Provide a sample timesheet to the PROJECT OFFICER prior to incurring any IN-HOUSE EMPLOYEE SERVICES costs, AND if claiming such costs, provide a sample timesheet with each reimbursement payment request.
6. Provide (1) a list of the bidders; (2) the recommendation and/or notice of award made by the governing board; and (3) the resulting signed contract agreement to the PROJECT OFFICER PRIOR to requesting reimbursement for costs on contracts requiring a competitive solicitation or bidding process.
7. Provide construction progress photos with all construction payment requests.
29 Pre-construction Reimbursement
Payment Type When to Request Document to
Send to PROJECT OFFICER
PRE-CONSTRUCTION
REIMBURSEMENT(s)
After the CONTRACT has
been ENCUMBERED
• Payment Request Form
• Grant Expenditure Form
• Timesheet sample, if applicable
• Proof of competitive bid solicitation, if
applicable
Construction Reimbursement
Advance Payments
ADVANCE payments may be requested for costs the GRANTEE will incur within the next six months.
ADVANCE funds, and any interest earned on those funds, must be spent with six months of receipt, or returned to OGALS. ADVANCE payments are made at the discretion of OGALS. OGALS considers ADVANCE payments to be a privilege and reserves the right to disapprove ADVANCE payments.
Pre-construction Advance
Payment
Type
When to Request Documents to
Send to PROJECT OFFICER
PRECONSTRUCTION
ADVANCE(s)
After the GRANT
CONTRACT has been
ENCUMBERED
• Payment Request Form
• ADVANCE justification (see below)
• Proof of competitive bid solicitation, if
applicable
Construction Advance
Payment Type When to Request Documents to
Send to PROJECT OFFICER
ADVANCE(s) up
to 80% of
PROJECT
amount
After the GRANT
CONTRACT has been
ENCUMBERED, and
construction will
commence during
the next six months
• Payment Request Form
• ADVANCE justification (see below)
• Proof of competitive bid solicitation, if
applicable
• Signed construction contract and a notice to
proceed or IN-HOUSE EMPLOYEE SERVICES labor
schedule.
Payment Type When to Request Documents to
Send to PROJECT OFFICER
REIMBURSEMENT of
up to 80% of
PROJECT amount
before final payment
After the CONTRACT is
ENCUMBERED and the
GRANTEE incurred costs
for work related to the
GRANT SCOPE
• Payment Request Form
• Grant Expenditure Form
• Timesheet sample, if applicable
• Construction progress photos
• Proof of competitive bid solicitation, if
applicable
30 Advance Justification
An ADVANCE justification must provide the following information:
• Why an ADVANCE is needed instead of a reimbursement.
• A payment schedule, with a month-by-month estimate, for up to six months, showing the anticipated amount needed, and the payees (IN-HOUSE EMPLOYEE or name of contractor). • A funding plan, indicating how the GRANTEE intends to fund the percentage of the PROJECT exceeding the 80% advance limit.
• A statement indicating the GRANTEE shall not put the funds into a federally insured account that provides the ability to track interest earned and withdrawals.
OGALS may not approve the total amount of the requested ADVANCE payment if the requested funds will not be spent within six months from the date that the payment request is submitted by the GRANTEE.
Clearing the Advance
ADVANCES must be cleared with six months of receipt. An ADVANCE is cleared by submitting:
• A Grant Expenditure Form documenting expenditures on eligible costs equal to the ADVANCE amount plus any earned interest if applicable.
• Photos of any construction completed with the ADVANCE funds (for construction ADVANCES).
Acquisition Advance
Payment Type When to Request Documents to Send
ADVANCES up to
100% of the
acquisition amount
After the contract is
encumbered and escrow is
open
• Advance request letter
• Escrow instructions letter
• Title report
• Payment request form
The following items are required to request an ADVANCE payment into escrow:
1. A letter on the GRANTEE’s letterhead, addressing all the following elements, and signed by the GRANTEE’s AUTHORIZED REPRESENTATIVE:
a) Name, address and telephone number of the title company or escrow holder, and the escrow account number to which the GRANT funds will be disbursed b) Copy of the property appraisal and third-party appraisal review (see page 17) c) GRANT CONTRACT number and amount of GRANT funds requested d) A statement by the GRANTEE that “the preliminary title report shows that there are no liens, easements, or any other restrictions that would prevent completion of the SCOPE and fulfillment of the CONTRACT provisions.”
e) A statement by the GRANTEE that “all funds (exclusive of the GRANT funds to be provided under this agreement) needed for the completion of the acquisition of the property or properties have been secured and have been or will be deposited to escrow on or about the same date as the requested GRANT funds.” The GRANTEE is entitled to reasonably rely on the representations of the seller.
31 2. Cover page of the preliminary title report.
3. Payment Request Form: the “Send Payment To” item 7 on the Payment Request Form must be completed using the title company’s or escrow holder’s name, mailing address, and contact person.
After approval by OGALS, the payment will be mailed by the State Controller’s Office to the designated escrow company within approximately 30 working days.
Returning Unexpended Advanced Funds or Interest
The balance of unspent GRANT funds must be returned to OGALS no later than thirty days after the end of the six-month ADVANCE period. OGALS will then return the GRANT funds to the CONTRACT balance.
OGALS cannot return interest to the CONTRACT balance.
If interest was earned on the ADVANCED funds, interest must be spent on ELIGIBLE COSTS, and any unspent GRANT funds returned to OGALS.
Subsequent Payments
Any outstanding ADVANCE payments must be cleared before any additional reimbursements or ADVANCE payments will be approved.
This requirement may be waived in cases where a PROJECT requires timely payments to contractors, and the remaining balance of unspent ADVANCED funds cannot cover the next PROJECT payment.
The following items are required to request a waiver:
1. A letter to the PROJECT OFFICER, signed by the AUTHORIZED REPRESENTATIVE explaining why the waiver is needed.
2. The majority of ADVANCED funds have been cleared.
3. A payment schedule with month-by-month estimates detailing the anticipated amount needed including the unspent balance of previously ADVANCED funds, along with the additional requested reimbursement or ADVANCE.
Final Payments / Project Completion Packets
OGALS recommends all PROJECT COMPLETION PACKETS be submitted by January 31, 2027.
The final payment (20% of the PROJECT amount) will be processed after PROJECT COMPLETION and the following occurs:
1. Approval of the PROJECT COMPLETION PACKET and additional required documents in the charts below.
2. Site inspection by the PROJECT OFFICER to verify PROJECT COMPLETION.
Project Completion Packet
To request final payment and complete the PROJECT, the GRANTEE must submit the following documents:
1. Payment Request Form (pg. 33)
2. Grant Expenditure Form (pg. 35)
3. Final Funding Sources Form (if any changes from original submission) (pg. 13)
32 4. Project Completion Certification Form (pg. 36)
5. Completed CEQA, if not already provided (pg. 14)
6. Notice of Completion (optional) OGALS recommends that the GRANTEE file a “Notice of Completion” with the County Recorder pursuant to State of California Civil Code §3093. Filing the “Notice of Completion” is not a PROJECT COMPLETION requirement.
7. Audit Checklist with items marked that the GRANTEE will retain for five years following receipt of final payment (pg. 38)
For acquisition PROJECTS, the GRANTEE must submit these additional documents:
1. A copy of the recorded deed to the property
2. A map sufficient to verify the description of the property including parcel numbers and acreage
3. Copy of title insurance policy
4. Copy of title report
5. Final Escrow Closing Statement
State of California - Natural Resources Agency
DEPARTMENT OF PARKS AND RECREATION
GRANT PAYMENT REQUEST FORM
See Instructions for the series of grant forms being used.
SERVICES RENDERED DATE(S) (Bond Funded Only)
$
$
$
$
$
FOR CALIFORNIA DEPARTMENT OF PARKS AND RECREATION USE ONLY DPR 212 (Rev. 8/2023)(8/28/2023)
7. SEND PAYMENT TO:
8. CERTIFICATION:
I certify that I have full authority to execute this payment request on behalf of the Grantee. I declare under penalty of perjury, under the laws of the State of California, that this report and any accompanying documents for the above-mentioned Grant are true and correct to the best of my knowledge. d. AMOUNT OF THIS REQUEST
e. Remaining After This Payment (c. minus d)
b. Funds Requested to Date
c. Available (a. minus b.)
6. PAYMENT INFORMATION:
(Round all figures to the nearest dollar)
a. Grant Project Amount
1. PROJECT NUMBER
STREET ADDRESS
CITY/STATE/ZIP
AGENCY NAME
2. CONTRACT NUMBER
3. GRANTEE
5. TYPE OF PAYMENT
FINAL
DATE
NAME OF PERSON AUTHORIZED IN RESOLUTION TITLE
SIGNATURE OF PERSON AUTHORIZED IN RESOLUTION
OGALS USE ONLY
4. PROJECT NAME
PAYMENT APPROVAL SIGNATURE DATE
ADVANCE REIMBURSEMENT
OGALS USE ONLY
PO# INV#
ATTENTION
OGALS USE ONLY
PO Initials
33
34 Payment Request Form Instructions
• Visit Grant Forms (ca.gov) for current forms
• Type or print legibly all entries
• Round all amounts to the nearest whole dollar
The following instructions correspond to items on the Payment Request Form:
1. PROJECT Number - The number assigned by OGALS to this project
2. CONTRACT Number - As shown in Certification of Funding section of the
CONTRACT
3. GRANTEE - GRANTEE name as shown on the CONTRACT
4. PROJECT Title - Name of the PROJECT as shown in the Application
5. Type of Payment – check appropriate box on form:
6. Payment Information
a. GRANT amount
b. Funds received to date - amount paid out from this GRANT c. Available - (a. minus b.)
d. Amount of this request
e. Remaining funds after this payment - (c. minus d.)
7. Send Payment To - GRANTEE name, address and contact person
8. Signature of AUTHORIZED REPRESENTATIVE according to the Resolution
State of California - Natural Resources Agency
DEPARTMENT OF PARKS AND RECREATION
GRANT EXPENDITURE FORM
PROJECT NAME:
PROJECT NUMBER: Current FY $ -
Prior FY $ -
(1) PAYMENT METHOD
Check #,
Debit/Electronic Pmt (EP), Credit
Card Pmt (CC/EP or CC/Check#)
(2) DATE(S)
(In Date Order) (3) RECIPIENT (4) SCOPE ITEM
DESCRIPTION
(5) PRECONSTRUCTION
AMOUNT
(Planning)
(6) CONSTRUCTION
AND/OR ACQUISITION
AMOUNT
(8) FISCAL YEAR OF
EXPENDITURE
(Applicable only to Bond
Funded Grants. Current FY
or Prior FY)
$0.00
$0.00
$0.00
(7) For Match or Reimbursement Rates, choose appropriate choice from dropdown. Enter exact percentage of Match/Reimbursement Rate $0.00 $0.00
DPR 212E (Rev. 7/2023)(7/31/2023)
Grand Total (5) + (6)
Subtotal (5)
Subtotal (6)
Expenditure Total by Fiscal Year
(5) If state funded development project, pre-construction costs are eligible for up to 25% of the grant. Not applicable to federal funded projects (LWCF/RTP). (6) Construction, and/or acquisition costs eligible for up to 100% of grant. (7) If match is required, use drop down to choose Reimbursement Rate or Match Rate and enter the percentage applicable for your project in the field to the right. If match is not required, leave both percentage field and drop-down blank. (8) State Fiscal Year (FY) of expenditure has a defined start date of 7/1/XX ends 6/30/XX. Current FY is defined as the FY when Payment Request Form is signed by the Authorized Representative. Prior FY is defined as any past FY other than Current FY. Only applies to Bond Funded Grants. Does not apply to General Fund (Specified), OEP, HCF, LWCF, or RTP Grants.
Amount of Request
List only eligible costs charged to the Grant and Match, if required. Expenses must be incurred within the project performance period outlined on the grant contract and must align with the Grant Scope Cost Estimate. (1) If check, enter a check or warrant number. If debit/electronic fund payment or transfer, enter EP. If credit card payment, enter CC and the check number or EP that paid the credit card (e.g., CC/EP or CC/Ck #52963). Prior to reimbursement, credit card statements must show at minimum a payment equal to the charge/expense being requested for reimbursement. If in-house employee services or grantee's own equipment or vehicle was used, no payment method required. Grantee must substantiate these costs with project specific timesheets, equipment use log(s), vehicle mileage log(s) or credit card statements if requested and/or during an audit. (2) Date payment was made to recipient. If in-house employee services or grantee owned equipment or vehicle mileage expenses are being charged to the grant, a date range may be used in this column.
(3) Name of contractor or other entity providing services and/or materials, in-house employee services, vehicle mileage, grantee equipment. (4) Scope item related to the expenditure and a brief description, such as “playground design,” “permits," “walkway materials,” “sports field construction.” 35
State of California – The Natural Resources Agency
DEPARTMENT OF PARKS AND RECREATION
Project Completion Certification Form
Grantee: Project Number:
Grantee contact for audit purposes
Name:
Address:
Phone: ( ) Email:
Project completion – list the grant scope items:
Provide revised Funding Sources Form
Interest earned on advanced funds: $
Interest spent on eligible costs: $
Was a Notice of Completion filed with the County Recorder or other appropriate entity? Yes No
Certification:
I hereby certify that all Grant funds were expended on the above named Project and that the Project is complete and we have made final payment for all work done.
I have read California Penal Code §118 and understand that every person who testifies, declares, deposes, or certifies under penalty of perjury and willfully states as true any material matter which he or she knows to be false, is guilty of perjury, which is a felony punishable by imprisonment in state prison for two, three, or four years.
Furthermore, I have read California Penal Code §72 and understand that every person who, with the intent to defraud, presents for allowance or for payment to any state board or officer, or to any county, city, or District board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account, voucher, or writing, is guilty of a felony-misdemeanor punishable either by imprisonment in county jail for a period of not more than one year, by a fine not exceeding one thousand dollars, or both, or by imprisonment in state prison, by a fine not exceeding ten thousand dollars, or both.
I represent and warrant that I have full authority to execute this Project Completion Certification on behalf of the Grantee. I declare under penalty of perjury that the foregoing certification of Project Completion for the above-mentioned Grant is true and correct.
AUTHORIZED REPRESENTATIVE Signature Date
Print Name and Title
36
37 VI. ACCOUNTING AND AUDIT SECTION
Contact the DPR Audits Office for questions about the following requirements.
Accounting Requirements
GRANTEES must use accounting practices that:
• Provide accounting data that clearly records costs incurred on the PROJECT and accurately reflects fiscal transactions, with the necessary controls and safeguards. • Provide good audit trails, especially the source documents (purchase orders, receipts, progress payments, invoices, timecards, cancelled warrants, warrant numbers, etc.) specific to the PROJECT.
Accounting Rules for Employee Services (IN-HOUSE EMPLOYEE SERVICES) GRANTEES must follow these accounting practices for employee services:
• Maintain time and attendance records as charges are incurred, identifying the employee through a name or other tracking system, and that employee’s actual time spent on the PROJECT. • Time estimates for work performed on the PROJECT are not acceptable. • Time sheets that do not identify the specific employee’s time spent on the PROJECT are not acceptable.
• Costs of the salaries and wages must be calculated according to the GRANTEE’S wage and salary scales, and may include benefit costs such as “workers’ compensation.” • Overtime costs may be allowed under the GRANTEE’S established policy, provided that the regular work time was devoted to the same PROJECT.
State Audit
Grants are subject to audit by DPR (see Audit Checklist). All PROJECT records must be retained for five years after final payment was received.
The GRANTEE must provide the following when an audit date and time has been confirmed by DPR:
• All PROJECT records, including the source documents and cancelled warrants, books, papers, accounts, time sheets, or other records listed in the Audit Checklist or requested by the DPR. • An employee having knowledge of the PROJECT and its records to assist DPR’s auditor.
38 Audit Checklist
An audit of the project may be performed before or following project completion. The GRANTEE must retain and make available all project related records for five years following project termination or final payment of grant funds. Listed below are some of the items the auditor will examine during the review of your records as applicable. It is the responsibility of the GRANTEE to have these records available in a central location ready for review once an audit date and time has been confirmed. If you have any questions regarding these documents, you may contact the State Department of Parks and Recreation Audits Office.
CONTRACTS
Summary list of bidders (including individual bid
packages)
Recommendation by reviewer of bids
Awarding by governing body (minutes of the
meeting/resolution)
Construction contract agreement
CONTRACT bonds (bid, performance, payment)
CONTRACT change orders
Contractor's progress billings
Payments to contractor (cancelled checks/warrants,
bank statements and EFT receipts**)
Stop Notices (filed by sub-contractors and release if
applicable)
Liquidated damages (claimed against the contractor)
Notice of completion (recorded)
IN-HOUSE EMPLOYEE SERVICES*
Authorization/work order identifying project
Daily time sheets signed by employee and supervisor
Hourly rate (salary schedules/payroll register)
Fringe benefits (provide breakdown)
IN-HOUSE EQUIPMENT*
Authorization/work order
Daily time records identifying the project site
Hourly rate related backup documents
MINOR CONTRACTS/MATERIALS/SERVICES/EQUIPMENT
RENTALS
Purchase orders/Contracts/Service Agreements
Invoices
Payments (actual cancelled checks/warrants, bank
statements and EFT receipts **)
ACQUISITION
Appraisal Report
Did the owner accompany the appraiser?
10-year history
Statement of just compensation (signed by seller)
Statement of difference (if purchased above
appraisal)
Waiver of just compensation (if purchased below
appraisal: signed by seller)
Final Escrow Closing Statement
Cancelled checks/warrants, bank statements and EFT
receipts, [payment(s) to seller(s)]
GRANT deed (vested to the participant) or final order of condemnation
Title insurance policy (issued to participant)
Relocation documents
Income (rental, grazing, sale of improvements, etc.)
INTEREST
Schedule of interest earned on State funds advanced
Note: Interest on grant ADVANCES is accountable,
even if commingled in a pooled fund account and/or
interest was never allocated back to the grant fund.
AGREEMENT/CONTRACTS
Leases, agreements, etc., pertaining to
developed/acquired property
* Estimated time expended on the projects is not acceptable. Actual time records and all supporting documentation must be maintained as charges are incurred and made available for verification at the time of audit.
** Front and back if copied.
39 VII. DEFINITIONS
Capitalized words and terms used in this process guide are defined below.
ADVANCE – payment made to the GRANTEE for work that will occur in the future or work that has already occurred during the GRANT PERFORMANCE PERIOD and has not been paid for by the GRANTEE.
APPLICANT – an entity which does not yet have a fully-executed CONTRACT with DPR and is identified as a GRANT recipient through a legislatively specified budget line item.
APPLICATION PACKET – the Application form and its required attachments described in the Application Checklist and Directions.
APPROPRIATION DATE – July 1 of the State of California fiscal year when the funding of State budget line items is approved by the legislature. The APPROPRIATION DATE is the start of the GRANT PERFORMANCE PERIOD.
AUTHORIZED REPRESENTATIVE – the APPLICANT’S/ GRANTEE’S designated position authorized in the Resolution to sign all required GRANT documents.
CEQA – the California Environmental Quality Act as stated in the Public Resources Code §21000 et seq.; Title 14 California Code of Regulations §15000 et seq. CEQA is a law establishing policies and procedures that require entities to identify, disclose to decision makers and the public, and attempt to lessen significant impacts to environmental and historical resources that may occur as a result of the entities’ proposed PROJECT. For more information refer to https://opr.ca.gov/ceqa/
CONSTRUCTION COSTS – costs incurred starting with the date when ground-breaking construction activities such as site preparation, grading, or gutting begins, and continuing to the end of the GRANT PERFORMANCE PERIOD.
CONTRACT – an agreement between the DPR and the GRANTEE specifying the performance of the GRANT SCOPE within the GRANT PERFORMANCE PERIOD, payment of funds by DPR, and requirements for maintenance and use of the PROJECT.
CONTRACT ENCUMBRANCE PERIOD – the time starting with the APPROPRIATION DATE, when a CONTRACT must be fully executed between the GRANTEE and DPR to encumber the GRANT funds.
CONTRACT PERFORMANCE PERIOD – the period during which the grantee has obligations under the contract.
DEVELOPMENT – construction, installation, replacement, expansion, or renovation.
DPR – the California Department of Parks and Recreation.
ELIGIBLE COSTS – expenses incurred during the grant performance period to complete the SCOPE approved by OGALS through an encumbered contract.
GRANT – funds made available to a GRANTEE for completion of the PROJECT SCOPE(s) during the GRANT PERFORMANCE PERIOD.
GRANTEE – an entity having a fully executed CONTRACT with DPR.
GRANT PERFORMANCE PERIOD – period of time that ELIGIBLE COSTS may be incurred by the GRANTEE and paid for by DPR, as specified in the fully executed CONTRACT.
40 IN-HOUSE EMPLOYEE SERVICES – use of the GRANTEE’s employees working on the SCOPE.
OGALS – DPR’s Office of Grants and Local Services.
PRE-CONSTRUCTION COSTS – costs incurred during the planning, design, and permit phase of the PROJECT before construction can begin.
PROJECT – the features and support amenities listed in the Project SCOPE/Cost Estimate Form.
PROJECT COMPLETION – when the features and support amenities listed in the Project SCOPE/Cost Estimate Form are complete.
PROJECT COMPLETION PACKET – The documents required to request final payment following PROJECT COMPLETION
PROJECT OFFICER – an OGALS employee, who acts as a liaison with the applicants and GRANTEES, administers GRANT funds, and facilitates compliance with the Procedural Guide and CONTRACT.
SCOPE – the features and support amenities listed in the Project SCOPE/Cost Estimate Form that must be completed prior to final GRANT payment.
AGENDA REPORT
CITY OF MAYWOOD
AGENDA ITEM NO. 12.
DATE: March 27, 2024
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JENNIFER VASQUEZ, CITY MANAGER
BY: CLAUDIA ZAVALA, COMMUNITY SERVICES SUPERVISOR
SUBJECT: CONSIDERATION FOR APPROVAL A PROFESSIONAL SERVICES AGREEMENT
FOR DRONE SHOW AT THE CENTENNIAL CELEBRATION WITH SKY ELEMENTS, IN A TOTAL CONTRACT AMOUNT OF $27,500
RECOMMENDATION:
Staff recommends that the City Council take the following actions:
1) Approve the Professional Service Agreements for a Drone Show at the Centennial Celebration with Sky Elements, for the amount of $27,500;
2) Appropriate $13,750 from the general fund for fiscal year 2023/2024; and 3) Authorize the City Manager to execute the agreement in a form accepted by the City Attorney.
BACKGROUND:
On February 29, 2024, the City issued a Request for Proposals (RFP) to solicit proposals from qualified vendors for Drone Show services intended for public entertainment during the Centennial Celebration; taking place on September 7, 2024.
The City will be hosting a number of events to commemorate the 100th anniversary of the City's incorporation.
Planning for the events has been coordinated by the Centennial Committee and part of the planning has included solicitation of sponsorships to offset this momentous occasion.
DISCUSSION:
On March 19, 2024, the City received two (2) proposals for Drone Show services: Grizzly Entertainment and Sky Elements Drone Show.
After careful review and evaluation of both proposals, staff recommends that the City Council approve the Professional Service Agreement with Sky Elements Drone Show for a fifteen (15) minute show complete with 300 drones, custom design and timed audio that will be curated for the show. Sky Elements Drone Show is a leading provider of Drone Light Shows in and around the United States. With over five (5) years of entertainment experience, they command over 60% of all shows flown in the United States. They have worked with multiple municipalities and private entities across the country, such as the City of Los Angeles, City of Palmdale, City of Redondo Beach and Miami Beach, Florida, as well as in collaboration with Major League Baseball (MLB).
The drone show proposed by Sky Elements has the potential to engage and attract a diverse audience, contributing to community engagement and promoting the city as a vibrant and dynamic place.
LEGAL REVIEW:
The City Attorney has reviewed this report.
FISCAL IMPACT:
The total for the drone show is $27,500. Sky Elements requests a 50% ($13,750) payment upon contract execution. The remainder must be paid the day of the event (September 7th, 2024); which will occur in fiscal year 2024/2025.
F.Y. 23-24 Impact: $13,750 Current F.Y. Budget: $33,000 Fund Impacted: 100 Budget adjustment requested: $13,750 Source of funds: General Fund Updated Account Budget: $46.750 Account Number: 100-302-6313 For fiscal year: 2024/2025 $13,750
ATTACHMENT(S)
1. Sky Elements Proposal
2. Grizzly Entertainment Proposal
1 Dear Members of Maywood City Purchasing & Contract Administration, I am writing to you on behalf of Sky Elements Drone Shows to submit our proposal for the Drone Show Services for the Maywood Centennial Celebration. We are excited to offer an innovative and mesmerizing Drone Light Show that promises to elevate the city's celebration to new heights. Our team has thoroughly reviewed your RFP and is committed to delivering an extraordinary show that aligns with the City of Maywood’s vision and specifications.
Our proposal for Maywood Centennial Celebration includes:
1. Customizable Options for Show Type: We provide flexibility in drone count (200 and 300 options) to match the city's vision.
2. Tailored Experience: Our shows are fully customizable with animations and synchronized music, designed to create a unique experience for Maywood’s, guests, residents, and visitors.
3. Experience and Qualifications: We have provided an outline of our past clients and experiences along with 3 referrals that suit this type of event and show size.
Sky Elements is renowned for our commitment to safety, innovation, and creativity, adhering to all federal and local drone operation regulations. We are eager to bring our expertise to the city of Maywood and create a memorable celebration of community and joy.
Thank you for considering Sky Elements Drone Shows for this exciting opportunity. We look forward to potentially partnering with you and contributing to an unforgettable event.
Sincerely,
Preston Ward
General Counsel
817-538-3207
www.skyelementsdrones.com
1
2 City of Maywood
Centennial
Celebration
Drone Show
Proposal
September 7
th , 2024
P r o p o s a l V a l i d T h r o u g h – J u l y 1 , 2 0 2 4 2
Proposed Overview of
Operation
Sky Elements is honored to propose a partnership with the City of Maywood. With extensive experience in delivering over 800 successful drone light shows across the United States, we are equipped to bring a spectacular level of innovation to the Maywood Centennial Celebration. Our shows are designed to be fully customizable, with a total length of 18 minutes, including curated music tracks and a grand finale.
We are the ideal choice for consistently delivering perfect shows for your event.
In order to illustrate the roadmap for a successful partnership between Sky Elements and Maywood, CA - This presentation will cover the following Table of Contents
Cover Letter 1
Cover Page 2
Table of Contents 3
Proposer Information and Contact Info 4
Management, Key Personnel, and
Contingency Plan
5-6
Evaluation Criteria (Experience) 7
Evaluation Criteria
(Qualifications)
8 Evaluation Criteria
(References)
9 Client Testimonial 10
Drone Show Specifications 11
Creative Timeline & Approach to Scope of
Services
12-13
Project Schedule 14
Pricing Options 15-16
Insurance and licensing 17
Cancellation Policy 18
3
4 Proposer Information
and Contact Info
• Sky Elements is the leading provider of Drone Light Shows in and around the United States.
• We own 100% of the drones we use.
Sky Elements is the leading provider of
Drone Light Shows in and around the
United States. Flying over 70% of all shows
flown in the US. With over five years of
experience in the entertainment and drone
show space, we are the premier decision
for any city looking for a wow moment!
Collaborating with marquee clients across
the country, Sky Elements orchestrated and
flown some of the largest known drone
shows, seamlessly melding innovation with
artistic expression. Some examples of
working with municipalities and cities
include the City of Los Angeles, Miami
Beach Florida, and plenty of others.
By creating mesmerizing and unforgettable
experiences, Sky Elements continues to
push the boundaries of what's possible with
drone technology, solidifying their
reputation as a trailblazer in the industry.
Proposer Name: Sky Elements
Taxpayer I.D. Number: 862486817
Telephone: 214-533-3062
Website:
https://skyelementsdrones.com/
Our Designated
Representee: Collin Dishman
Address: 3819 Rufe Snow Dr #203, North Richland Hills, TX 76180 4
5 Management and
Key Personnel
5
6 Key Personnel
Contingency Plan
6 Pilot
Preston Ward
KC Sealock
Javier Cantu
Mitchell Muley
Designer
Brian Geck
Phil Green
Gabriella Wells
Anna Aaberg
Logistics
Tyler Johnson
Tim Marlin
Katherine Claeys
Tory Weisman
Project Management
Rick Boss
Collin Dishman
Kyle Pivnick
Eddie Fernandez
7 Evaluation
Criteria (Experience)
7 Sky Elements currently is operating out of 2 offices. Sky Element’s has locations in North Richland Hills, Texas and in O’ahu, Hawaii.
With over 5 years of entertainment experience, Sky Elements commands the drone show industry in the United States, responsible for flying 60% of all drone shows across the country. This extensive experience underlines our capability to deliver shows that are both innovative and captivating.
Largest Drone Fleet Nationally: We possess the largest drone fleet in the United States, a testament to our capacity for staging large-scale, complex shows. This extensive fleet enables us to offer unparalleled flexibility and creativity in our displays.
Record-Setting Achievements: Sky Elements is a Guinness World Record holder for drone show performance, showcasing our commitment to pushing the boundaries of drone light show technology and design.
High-Profile Collaborations and Repeat Engagements: Our track record includes prestigious collaborations, such as the Formula 1 event in Las Vegas and FIFA's 2026 logo reveal. Our work with numerous municipalities across the country, many of whom are repeat clients, speaks to our reliability and the quality of experiences we deliver.
Proven Expertise in Large-Scale Events: Our experience extends to executing shows for large-scale events, where precision, timing, and impact are critical. Each successful event is a reflection of our meticulous planning, cutting-edge technology, and creative vision.
8 8
Pioneering Industry Leaders: Sky Elements stands at the forefront of drone light show innovation in the United States. With a track record of orchestrating the largest drone shows in the country, we have established ourselves as a leader in this rapidly evolving industry. Our team's expertise, combined with state-of-the-art technology, enables us to deliver shows that are not only grand in scale but also unmatched in precision and creativity.
Unparalleled Scale and Reliability: We are distinguished as the only drone show vendor capable of reliably managing and executing shows with up to 1000 drones.
This capability allows us to create complex, large-scale aerial displays that transform the sky into a canvas for storytelling and celebration. Our proficiency in handling such a vast number of drones ensures that every event we undertake is executed with the utmost efficiency and safety.
Collaborations with Major Leagues and Events: Our portfolio includes collaborations with prestigious organizations such as Major League Baseball (MLB), where we have provided awe-inspiring drone displays that enhance the excitement and spectacle of live sports events. Our work with the MLB and other significant live events showcases our ability to deliver high-impact moments, tailor-made to suit the grandeur and scale of major league celebrations.
Safety and Compliance: Adhering to the highest safety standards is a cornerstone of our operation. We rigorously comply with all federal and state regulations governing drone operations. Our pilots and technicians are highly trained and certified, ensuring that each show is conducted with the utmost safety and professionalism.
A Partner in Celebrating Milestones: Sky Elements takes pride in being more than just a service provider; we are partners in celebrating significant moments and milestones such as a 100-year celebration! Our dedication to delivering unforgettable experiences is evident in every show we produce, making us the ideal choice for Maywood’s Centennial Celebration drone show services.
Evaluation
Criteria (Qualifications)
Below outlines a few of our favorite shows with
some cities that love Sky Elements. Feel free
to ask for references from any show we have
flown.
9 Evaluation
Criteria (References)
Miami Beach
Name: Lissette Arrogante
Email: LissetteArrogante@miamibeachfl
.gov
Cell Phone: (305) 673-7577
Last Show Size: 200 Drones
Redondo Beach
Name: Luke Smude
Email: [email protected]
Cell Phone: (530) 774-5729
Last Show Size: 200 Drones
Palmdale, CA
Name: Kevin Altobelli
Email: Kaltobelli@cityofpalmdale.
org
Cell Phone: (817) 410-3919
Last Show Size: 500 Drones
"Last spring, my airshow fell apart in the 11th hour due to plane maintenance and so I had to quickly replace it with something that still had that “WOW” factor.
I immediately thought “DRONE SHOW” and sent an email out to my networking groups for referrals and Sky Elements came highly recommended by the City of Orlando. I was in a crunch for time and had zero experience coordinating a drone show and so I immediately started doing my research to come up with a list of questions and scheduled zoom meetings and phone calls with the companies.
I connected with Kyle Pivnick with Sky Elements and he scheduled a video call to go over all of my questions. When I expressed concern about the short timeline of having just over a month, he didn’t flinch and assured me it wasn’t an issue for them. He was very kind, answered all of my questions and walked me through their process. I knew before our call ended that I wanted to go with them but for the sake of obtaining additional quotes, I kept the meetings I had with 2 other companies. I’m glad that I did because it was even more clear to me that they were the right fit for us.
Once I confirmed with Kyle, we moved forward with the contract and had another video call with his team to talk about next steps. That’s when I was introduced to Tory and Brian and honestly, I can’t say enough nice things about them too. They are all super people and know their stuff. I presented my creative ideas, even the ones I thought were farfetched, and they brought them to life and exceeded all of my expectations! From the behind the scenes planning to the day of show execution, it was smooth and seamless.
Our show was the first drone show in our County and people are still talking about. I requested a budget increase for this fiscal year so that I could add the drone show and I’m thrilled to say it was approved and I will be working with Kyle and his team again on my March event. Please let me know if I can be of further assistance. Wishing you great success with your show." Client
Testimonial
Cheri Moan
[email protected]
(352) 551-3349
Operations Coordinator at City of Tavares
City of Tavares, FL
10
Show
Specifications
Show Duration and Format: Consistent with the Maywood, CA RFP, our drone show will have a total duration of 15 minutes of flight. 30+ MPH Wind Threshold
12-18 Minute Flight Time
Up to 120 Animations
Per Show
Custom Timed Audio
Curated to your Show
Full Custom Designed Show
FAA Compliant
Lighting and Brightness: Utilizing the brightest
drones in the industry at 2,001 Lumens, we
guarantee high-quality, bright displays that are
visible from 3 miles away.
Safety and Quality: Safety remains our paramount
concern. We adhere to all California laws and FAA
regulations governing drone operations.
Sky Elements evaluates all drones in the
marketplace. We use the highest quality drone in
the world for our performances.
Technical Capabilities
11 Transition Time Between Formations As Low As 1/24
th
Of A Second
1 2
3 The Creative Timeline
Storyboard
Mock-Up
Animation
Show-Time
It all starts with the creative call. Our teams jump on a call to discuss what you want to see in the sky. Your show is completely custom with any logo or image recreated in your drone show! We will take those ideas and create a storyboard for your review. You can edit and make changes here as much as you like, and when final approval is given we move on to Mock-ups.
Preferred Timeline - 6-8 weeks
Shortest Timeline - 1-2 Weeks
We take your creative ideas and then mock them up in your chosen drone count. This is a good chance for your team to review and ensure all images are looking how you imagined. We can make minor changes here to accommodate any needs you may have. When these are approved by your team we move on to animate your show.
Before your show fly’s you get to see an exact replica of the show via a curated animated video. This will be exactly timed to the performance.
At this point we can create a music track or work with your other production elements to sync perfectly with the performance. Once you approve this - we are ready to come and fly!
On the day of the event we will arrive 5-6 hours before show time to setup and get ready. We will coordinate with you and your production team to ensure that the drone show is timed to perfection. Sit back and enjoy! Once the show is done we will be packed up and gone within 1-hour. Leaving no hassle for your event team.
12
Approach to
Scope of Services
Understanding Maywood, CA Scope of Services: Our approach begins with a deep understanding of Maywood’s specific goals and vision for the drone show. Recognizing the significance of this event as 100 years of celebration, we commit to closely aligning our show with the city's themes, ensuring a celebration that resonates with the community through the decades!
Customization and Storyboarding: Following the RFP’s requirements, our team will develop a detailed storyboard following our creative meeting to better understand the elements Maywood wants to see. This storyboard will outline a sequence of custom animations, ensuring each element of the show aligns with Maywood's desired themes and objectives. Our ability to include timed audio as part of the drone show will add an immersive dimension to the experience.
Collaborative Design Process: Our design team will work in tandem with Maywoods’s team to ensure the show reflects local culture, heritage, and community values over the past 100 years. This collaboration will include regular consultations and updates to refine the show’s content.
Technical and Creative Execution: Our methodology encompasses state-of-the-art drone technology and creative programming. From seamless animations to synchronized music, each aspect of the show will be meticulously crafted to create a stunning aerial display.
Responsive Adjustments: We remain adaptable to any last-minute changes or adjustments, ensuring our approach is responsive to Maywood’s needs and external factors such as weather conditions.
Please see below for the Mockups of 2024 “Though the decades” NYE show at the Dallas Reunion Tower:
13
Project
Schedule
Pre-Event Preparation (April - May 2024)
•April 24th – May 1st, 2024: Finalize contract and initiate planning.
Confirm show's specific requirements, themes, and drone formations. •May - June 2024: Begin design and programming of the drone show, aligning with the September event theme.
•May - June 2024: Conduct preliminary renders of drone formations and sequences. Address any creative issues identified during testing.
Full Planning and Final Preparations (July - August 2024) •July 2024: Finalize all drone show programming. Begin full renders to ensure creative adherence and reliability of drone performance. •July - August 2024: Conduct production meetings with Maywood’s team and necessary local authorities for permits and compliance.
Prepare launch site, equipment, and coordinate with the City of Maywood.
Event Day (September 7th, 2024)
•September 7th, 2024: Set up at the designated location 6 hours prior to show time, ensuring all equipment is in place and operational. •September 7th, 2024: Execute the drone light show, following safety protocols and operational guidelines.
Post-Event Activities (After September 7th, 2024)
•Immediately after the show: Conduct breakdown and cleanup of the site.
•Within one week post-event: Review performance, gather feedback, and provide a report to the City of Maywood for potential future collaborations.
This timeline is subject to change based on specific logistics, weather conditions, and coordination with local authorities. Regular communication with the City’s Project Manager is crucial for timely adjustments and updates.
14
Cost Proposal
200 GPS Controlled Drones
Item Price
200 Drone Show $27,500
15 Minute Performance Included
Full Custom Show Design Included
Custom Music Track Included
Show Staffing Included
Lodging Included
Travel and Transport Included
Taxes and Fees N/a
Total $27,500
15
Cost Proposal
300 GPS Controlled Drones
Item Price
300 Drone Show $34,500
15 Minute Performance Included
Full Custom Show Design Included
Custom Music Track Included
Show Staffing Included
Lodging Included
Travel and Transport Included
Taxes and Fees N/a
Total $34,500
1516
17 Insurance &
Licensing
Sky Elements is the most qualified, experienced, and trusted drone light show provider in the United States. Flying over 60% of all drone light shows in the United States, we set the standard with safety, permitting, and Insurance standards. We know what it takes to fly or your city and that's why we carry insurance coverages that meet or exceed the requirements. Our standard insurance coverages include the following -
Commercial General Liability: $1,000,000
Automobile Liability: $1,000,000
Umbrella: $10,000,000
Workers Compensation: $1,000,000
Aviation Liability: $5,000,000
Every Sky Elements drone show is permitted and authorized by the FAA. Our Pilots maintain a current Part 107 Certification and License, as well as sky elements holding the necessary swarm waiver for multi aircraft operations ( waiver number - 107W-2021-02474 ).
Sky Elements Have The Best Drone Show Pilots In The Industry. 17
18 Thank you for considering Sky Elements as your
trusted partner for your upcoming 4th of July
celebration. As the leading provider of drone light
shows, we bring unparalleled expertise and
creativity to the table, ensuring that your event will
be a stunning success.
We look forward to the opportunity to collaborate
with you and create a truly unforgettable experience
for your audiences for years to come!
Canceling &
Rescheduling
Rest assured as the largest drone light provider in the United States, Sky Elements has the most robust and flexible rescheduling policy. Combined with the our weather thresholds being the highest in the industry – you can trust Sky Elements to be your partner, even if the forecast is not. With the weather thresholds listed earlier in the proposal, (30+ MPH wind gusts, and 3 miles of visibility) Sky Elements will ensure two get your show off the ground! In the event of a cancellation - Sky Elements allows for you to reschedule your show for up to a year later at no cost! 18 18
19 Thank you for considering Sky Elements as
your trusted partner for your upcoming September
7 th Centennial Celebration. As the leading provider
of drone light shows, we bring unparalleled
expertise and creativity to the table, ensuring that
your event will be a stunning success.
We look forward to the opportunity to
collaborate with you and create a truly
unforgettable experience for your audiences for
years to come!
Grizzly Entertainment LLC, 1135 Passage Street, Palm Springs, California 92262, USA Drone Show Proposal for the City of Maywood
055GRZ2024
City of Maywood
Claudia Zavala
Grizzly Entertainment LLC, 1135 Passage Street, Palm Springs, California 92262, USA
Table of Contents
Cover Letter........................................................................................................................... 3 Services provided................................................................................................................... 4 Qualifications and Experience in Drone Show Programming................................................... 5 References............................................................................................................................. 6 Qualifications of all personnel and Organization chart........................................................... 7 FAA Licenses.......................................................................................................................... 8 Certificates............................................................................................................................ 9 Certificate of Waiver......................................................................................................................9 Certificate of Insurance ................................................................................................................10 Approach Plan..................................................................................................................... 11 Proposed Location .......................................................................................................................11 Suggested Plan ............................................................................................................................13 Airspace Approval ............................................................................................................... 15 Safety.................................................................................................................................. 16 Rough schedule of the day of the show ........................................................................................16 Cost Proposal ...................................................................................................................... 17 Additional Services.............................................................................................................. 17
Grizzly Entertainment LLC, 1135 Passage Street, Palm Springs, California 92262, USA Cover Letter
Themis Violaris
CEO
Grizzly Entertainment
1135 Passage St Palm Springs, CA 92262
929-428-0773
Hello,
Our company is excited to propose a drone light show for the Centennial Celebration on September 7, 2024, between 8-9 pm. Our attention to detail and experience in the industry proves we are top in our game. Starting with our graphics team, we will create a storyboard with formations for your event. Working with your team, we will ensure we capture all the elements that will excite and amaze your spectators. A detailed show time will be included so that music can be added. Our FAA-certified drone pilots and field crew will handle the drone launch and secure the area. Our company will provide all the elements from start to finish, from design, staffing, waivers, insurance, and a seamless experience for your event.
Signed,
Themis Violaris
Grizzly Entertainment, LLC
Grizzly Entertainment LLC, 1135 Passage Street, Palm Springs, California 92262, USA Services provided
Grizzly Entertainment will provide a drone light show with 200-300 drones as directed by the City of Maywood team. The show will consist of 8-10 formations created to capture the theme, logos, and designs for the September 7, 2024, Centennial Celebration. Storyboard ideas will be developed with clients' input, including animation for each decade. The show will be launched in a secure area at the set time after sunset, around 8 pm, and will last 10-12 minutes. All operations will be conducted under the supervision of the FAA-certified Drone pilot, who will meet and follow all regulations to provide a safe and complete show.
The RFP has been reviewed and understood by Themis Violaris and the entire team at Grizzly Entertainment. Grizzly reserves the right to adjust the show as necessary due to weather or launch site selection in the interest of safety.
Vicki Fogue, Sales Executive, will be the point of contact.
Phone: 573-808-4844
Email address: [email protected]
Grizzly Entertainment LLC, 1135 Passage Street, Palm Springs, California 92262, USA Qualifications and Experience in Drone Show Programming Grizzly Entertainment is based in Palm Springs, California, with satellite locations in New York, Cyprus, and Greece. Since 2019, our company has performed at large shows for major corporations such as Coke and Lamborghini, LGBT events, special events, marriage proposals, and colleges such as UCLA, UC Berkley, etc. No operation is too small, and with over 1000 drones, the ability to produce amazing 3D images is remarkable. All teams participate in weekly team meetings, often by video, as teams are frequently dispersed to perform jobs. Operations will secure permits and waivers. It may be necessary to work with the client to secure any licenses deemed by the City of Maywood. Over 1000 drones, equipment, and support vehicles are owned and operated by Grizzly Entertainment; our fleet is mobile and available to meet all FAA requirements, fully insured, and able to perform multiple shows. Teams of 5-10 will be onsite, depending on the size and scope of the show. Pilots and crew are retained by Grizzly Global and available to travel due to the business. Examples of past shows and clips from performances are available at www.grizzlyglobal.net/projects.
https://grizzlyglobal.net/projects/drone-show-for-gloria-molina-grand-parks-4th-ofjuly-block-party/
Grizzly Entertainment LLC, 1135 Passage Street, Palm Springs, California 92262, USA References
Dawn Robinson-Patrick
Senior Manager of Programs
Gloria Molina Grand Park, California
[email protected]
Cell: 646.266.5670
Work: 213.972.4339
Ryan Hunt, CPC
Communications & Events Manager
City of Cathedral City, California
[email protected]
Cell: 540.664.8556
Work: 760.770.0396
https://www.ontarioca.gov/
Jose Coria
Sr Recreation & Community Services
Supervisor
City of Ontario
[email protected]
Phone: (909) 395-2367
https://www.ontarioca.gov/
Barbara Busby
DDA Director
City of Lavonia, Georgia
Phone: (706) 356-1926
Email: [email protected]
https://lavoniaga.gov/
Grizzly Entertainment LLC, 1135 Passage Street, Palm Springs, California 92262, USA Qualifications of all personnel and Organization chart
Themis Violaris - CEO of Grizzly Entertainment. Project Manager- will oversee all drone show operations and security.
Theofanis Chatzidimitriou - CMO of Grizzly Entertainment. Visual Observer and Security.
Vicki Fogue - Sales Executive, Public Relations Manager, backup pilot.
Iacovos Maifoshis - COO and Chief Pilot of Grizzly Entertainment. Oversee drone operations and field crew team.
Petros Kassos - Pilot for Grizzly Entertainment. Pilot for drone operations and field manager.
Iraklis Chrysanthou - Head Animator of Grizzly Entertainment. Field crew during drone show performance and keep the area secure from spectators.
Jesse Stevenson - Field Crew of Grizzly Entertainment. Field crew during drone show performance and keep the area secure from spectators.
Fotis Ioannou - Pilot and field crew of Grizzly Entertainment. Field crew during drone show performance, keeping the area secure from spectators, backup pilot.
Grizzly Entertainment LLC, 1135 Passage Street, Palm Springs, California 92262, USA FAA Licenses
FAA Drone Pilots: All pilots can be verified at the FAA website below. https://amsrvs.registry.faa.gov/airmeninquiry/Main.aspx The information verified on the FAA website is below.
IACOVOS MAIFOSHIS
Certificates
REMOTE PILOT
Certificates Description
Certificate: REMOTE PILOT
Date of Issue: 3/8/2022
Ratings:
SMALL UNMANNED AIRCRAFT SYSTEM
VICKI CHRISTINA FOGUE
Certificates
COMMERCIAL PILOT REMOTE PILOT
Certificates Description
Certificate: REMOTE PILOT
Date of Issue: 2/8/2024
Ratings:
SMALL UNMANNED AIRCRAFT SYSTEM
PETROS KASSOS
Certificates
REMOTE PILOT
Certificates Description
Certificate: REMOTE PILOT
Date of Issue: 12/7/2022
Ratings:
SMALL UNMANNED AIRCRAFT SYSTEM
FOTIS IOANNOU
Certificates
REMOTE PILOT
Certificates Description
Certificate: REMOTE PILOT
Date of Issue: 2/10/2024
Ratings:
SMALL UNMANNED AIRCRAFT SYSTEM
Grizzly Entertainment LLC, 1135 Passage Street, Palm Springs, California 92262, USA Certificates
Original Documents will be provided upon request.
Certificate of Waiver
Grizzly Entertainment LLC, 1135 Passage Street, Palm Springs, California 92262, USA Certificate of Insurance
Grizzly Entertainment LLC, 1135 Passage Street, Palm Springs, California 92262, USA Approach Plan
After signing the contract, custom storyboards will be created to include the City of Maywood’s Centennial Celebration in coordination with the City of Maywood.
Animations will include a slide for each decade with material, designs, logos, and ideas to be created with the animation team and City. The storyboard will be shared with the necessary party of the City of Maywood via email or video presentation, and any changes can be mentioned at that time.
Grizzly Entertainment will provide timecodes after the finalized storyboard is approved and the animation is at the appropriate stage to be shared with the City.
The timecodes can be used from the city to share with the relevant party for music synchronization (more about this will be discussed at the proper time).
Music operations will be handled by the City’s event staff and/or DJ, as they have the appropriate sound system and music rights to do so. The show will be 10-12 minutes, regardless of the number of drones, 200 or 300. The City will determine the number of drones after evaluating the visuals, the cost, and the location of the drone show, which can be found in the following sections.
Proposed Location
Dunn Edwards Paints- 4869 E Slauson Ave. Maywood, CA 90270 The suggested location poses multiple challenges to the safe operation of the drone flight. The parking lot is surrounded by roads and powerlines. The area the drones launch is compact but as the drones fly they expand and maneuver to create the expanded images in a larger surface area in the sky. Grizzly Drones’ operations team has noted the flight volume suggested at this location is a maximum of 100 drones. Street closures would be necessary to operate safely. Permits to close roads and have police officers monitor would be required. Permission to fly over surrounding businesses must be obtained if a drone lands off course. Detailed illustrations show the launch area, how it expands to the flight area, and the surface it covers is highlighted in red.
Grizzly Entertainment LLC, 1135 Passage Street, Palm Springs, California 92262, USA
Grizzly Entertainment LLC, 1135 Passage Street, Palm Springs, California 92262, USA Suggested Plan
To ensure the safety of spectators, vehicles, buildings, and houses and provide better visibility of the show for guests, it is recommended to utilize a more secure area. The distance and angle play a vital role in determining the launch, flight, and landing area that will be visible while maintaining safety. Our company has previously operated in congested areas with traffic and large crowds, such as the Gloria Molina 4th of July Show in 2023. https://grizzlyglobal.net/projects/droneshow-for-gloria-molina-grand-parks-4th-of-july-block-party/ Suggested launch zone: 5911 Woodlawn Elementary School
The recommended location has enough space to accommodate a higher number of drones, making it suitable for your requirement of 200-300 drones. There's no need to close any streets. To provide the best viewing experience for spectators, please refer to the illustration below, which shows the optimal angle and distance for the drone show.
It's important to note that drone shows with 100, 200, or 300 drones typically last 10-12 minutes. Weather can sometimes be a factor in outdoor entertainment, but we take this seriously and work closely with weather forecast services to assess any potential risks. If the Pilot in Command determines that the weather may pose a problem, we will take the necessary steps to delay, reschedule, or cancel the show as needed.
Grizzly Entertainment LLC, 1135 Passage Street, Palm Springs, California 92262, USA
Grizzly Entertainment LLC, 1135 Passage Street, Palm Springs, California 92262, USA Airspace Approval
The image below shows that the area has clearance to fly from the FAA.
Grizzly Entertainment LLC, 1135 Passage Street, Palm Springs, California 92262, USA Safety
All drone operations are conducted by the Pilot in Command, who is responsible for maintaining a secure launch area with the assistance of the field crew and visual observers. The command central area is tented and houses all the necessary equipment, including computers, power sources, lights, and backup generators.
Additionally, extra equipment, such as extra drones, batteries, computers, cables, and other essential tools, are always available on-site.
Rough schedule of the day of the show
• Arrive on September 7, 2024
• Estimated time: 3:00 pm
• Prepare and secure the launch area with caution tape. • Measure and layout drone launch field.
• Connect and test drone communications.
• All staff to oversee a secure and sterile area free from spectators, cars, and any other possible interactions.
• We have designated Field crew to patrol the launch area, informing and keeping the public from the secured area.
• Drone launch will occur at a designated time: The crew chief will coordinate with City event staff.
• At the end of the show, drones will be packed up and equipment packed into a support vehicle for 1-2 hours. The area will be left in the condition upon arrival, free from trash or debris.
• Launch at least one hour after sunset (7:11 PM) on September 7, 2024, around 8:15pm, time to be coordinated with the City of Maywood event contact.
Grizzly Entertainment LLC, 1135 Passage Street, Palm Springs, California 92262, USA Cost Proposal
Centennial Celebration on September 7, 2024
Package Amount
Up to 100 Drones $15,000
Up to 200 Drones $20,000
Up to 300 Drones $27,000
All pricing includes custom programming and animation, drones, waivers, and insurance.
Shipping costs of equipment, flights, transportation, and accommodation are included.
Local permits and licenses are managed/handled with the assistance of the customer.
Payment Terms for Shows - 1st Payment - 50% on Contract Signing, 2nd Payment - 50% three days before the Show.
Integration with other external systems (Lights, Sounds, etc.) must be communicated, agreed upon, and tested before the official Show.
Additional Services
Record from a 4k camera drone for an extra charge of $2500.
Grizzly Entertainment LLC, 1135 Passage Street, Palm Springs, California 92262, USA
AGENDA REPORT
CITY OF MAYWOOD
AGENDA ITEM NO. 13.
DATE: March 27, 2024
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JENNIFER VASQUEZ, CITY MANAGER
BY: OKAN DEMIRCI, CITY ENGINEER
SUBJECT: CONSIDERATION OF REJECTION OF BIDS AND AUTHORIZATION TO READVERTISE FOR BIDS FOR THE CITY HALL WINDOW REPLACEMENT PROJECT, PROJECT NO:
6106
RECOMMENDATION:
It is recommended that the City Council reject all bids and authorize staff to readvertise the construction bid package for the City Hall Window Replacement Project.
BACKGROUND:
The project includes the replacing of all windows at the City Hall, the Rear Storage Facility, two windows at the Sheriff's Department, and the Additive Alternate A option of the “Old Jail Cell” Storage Facility. The proposed improvements will be completed within 40 working days.
On January 8, 2024, staff advertised Notice Inviting Bids (NIB) in the local newspaper in conformance with City of Maywood Municipal Code Section 3-7.04. Bids were due on January 31, 2024, at 2:00 PM.
DISCUSSION:
On January 31, 2024, at 2:00 PM, a total of two (2) bids were received as shown below:
Contractor Name (from low to high cost) Bid Amount
Ambit Construction & Design, Inc. $206,921.00
Newbuild Construction & Restoration, Inc. $306,000.00
Staff conducted a bid analysis for the apparent 1st low bidder, Ambit Construction & Design Inc., and verified their California contractor’s licensing, Department of Industrial Relations (DIR) registration, state and federal debarment files, and references. Based on the bid analysis, Ambit Construction & Design Inc. was found to have the following irregularities:
The bid submitted by Ambit Construction & Design Inc. provided a bid bond at 5% of the total bid amount. The California Public Contract Code, Section 20171 requires that the bid security (bid bond) shall be in an amount equal to at least 10 percent of the amount bid. A bid shall not be considered unless one of the forms of bidder’s security is enclosed with it.
Staff conducted a bid analysis for the apparent 2nd low bidder Newbuild Construction & Restoration Inc., and verified their California contractor’s licensing, Department of Industrial Relations (DIR) registration, state and federal debarment files, and references. Based on the bid analysis, Newbuild Construction & Restoration Inc. was found to have the following irregularities:
The bid submitted by Newbuild Construction & Restoration Inc. provided a bid amount which staff determined to be excessive.
Staff recommends the City Council reject all bids and authorize staff to readvertise construction bid package for the City Hall Window Replacement Project.
LEGAL REVIEW:
The City Attorney has reviewed this report.
FISCAL IMPACT:
There is no fiscal impact associated with this action.
ATTACHMENT(S)
AGENDA REPORT
CITY OF MAYWOOD
AGENDA ITEM NO. 14.
DATE: March 27, 2024
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JENNIFER VASQUEZ, CITY MANAGER
BY: RIMO HANSON, FINANCE DIRECTOR
RAUL HERRERA, SENIOR ACCOUNTANT
SUBJECT: FISCAL YEAR 2023-2024 MID-YEAR REPORT AND CONSIDERATION FOR THE APPROVAL OF RESOLUTION NO. 6344 TO AMEND 2023-2024 BUDGET RECOMMENDATION:
Staff recommends that the City Council:
1. Receive, discuss, and file the fiscal year 2023-2024 mid-year budget report.
2. Approve the following appropriations adjustments for the fiscal year 2023-2024:
a) General Fund (100) Total Revenues increased by $1,000,984; b) General Fund (100) Total Expenditures net decreased by ($194,496); and c) Pension Bonds POB Series 2021 debt payment budget of $1,015,786 is reclassified from General Fund (100) to Pension Retirees Fund (711).
BACKGROUND:
The Mid-Year Budget Review Report provides an assessment of the City’s budget condition in the current fiscal year as compared to the 2023-2024 actual performance during the first six months of 2023-2024.
Projections are determined by historical trends, revenue received in the current year, anticipated business growth, as well as consulting with experts. For reporting and budget review purposes, the City’s General Fund comprises of three funds: General Fund (100), Local Fiscal Recovery Fund (273) and Pension Retirees Fund (711).
DISCUSSION:
On June 28, 2023, the City adopted the FY2023-2024 General Fund Budget. Revenues were budgeted at $13.13 million, and expenditures were budgeted at $13.03 million. At mid-year, the revenues are projected to be $14.13 million, which is $1 million higher than the original budgeted amount. The expenditures are expected to increase by $1.09 million at the mid-year review, bringing the end-of-year surplus to $17,000 as presented in the table below.
Fiscal Year 2023-2024 General Fund Projection Summary
Adopted End-of-Year
Projection Variance
Revenues (Fund 100, 273, 711) $ 13,130,00 $ 14,130,000 $ 1,000,000 Expenditures (Fund 100, 273,711) $ 13,026,000 $ 14,113,000 $ (1,087,000) Surplus / (Deficit) $ 104,000 $ 17,000 $ (87,000)
General Fund Revenue (100)
The General Fund is the City’s primary fund with taxes and major user fees funding basic public services. General Fund revenues are categorized into six (6) types: taxes, licenses and permits, charges for services, fines and forfeitures, miscellaneous revenues, and transfers-in.
Fiscal Year 2023-2024 Combined General Fund Revenue by Category Adopted Budget Increase/Decrease Projected Budget
General Fund Revenue (100)
Taxes $ 6,420,250 $ 430,850 $ 6,851,100
Licenses and Permits $ 4,146,055 $ (20,480) $ 4,125,575 Charges for Services $ 449,014 $ 10,976 $ 459,990
Fines and Forfeitures $ 603,700 $ 13,300 $ 617,000
Miscellaneous $ 210,500 $ 446,213 $ 656,713
Transfers In-Successor Agency $ - $ 120,000 $ 120,000
General Fund Revenue Total (100) $ 11,829,519 $ 1,000,859 $ 12,830,378 Local Fiscal Recovery Fund (273) $ - $ - $ -
Pension/Retirement Fund (711) $ 1,300,000 $ - $ 1,300,000 Revenue Total $ 13,129,519 $ 1,000,859 $ 14,130,378
Tax Revenues
The City’s largest revenue source is taxes. Revenue from this source is expected to increase by $431,000 due largely to staff utilizing a conservative approach during budget adoption. At mid-year review, Utility Users Tax (UUT)’s receipts appear to be in line with the actual receipts in fiscal year 2022-23 and therefore, projected to increase by $315,000. Property Tax and Sales Tax are $46,000 and $10,000 respectively, higher than budgeted.
This is consistent with the most recent projections provided by the City’s sales and property tax consultant, HdL Companies (HdL). Transient Occupancy Tax (TOT) is $33,000 higher than budgeted. The increase is primarily due to costs for lodging remaining strong, even with the limited number of motels within the City. Prop 172 Public Safety Sales Tax which is allocated by the County shows a slight increase of $27,000.
Licenses and Permits
Licenses and Permits are projected to be lower by ($20,000) as compared to the budgeted amount. This is primarily due to a decrease of ($134,000) in building permits/public works permits/plumbing permits and occupancy permits.
The City is experiencing a lower number of permits pulled during the year. This is likely attributable to increases in supply and service costs. This decrease is offset by an increase in the collection of Vehicle License Fees of $107,000 and various other fees (garage sale permits/tobacco retail sales permit/conditional permits and SB1186 license fees and use of construction) totaling $7,000. The Vehicle License Fees estimate is provided by HdL Companies.
Charges for Services
Charges for Services are expected to increase by $11,000 due to an increase in plan check of $10,000 and $2,000 in leases and concessions offset by a small decrease in various other charges for services of ($1,000).
Fines and Forfeitures
Fines and Forfeitures increased by $13,000, which consisted of $10,000 administrative citations and $3,000 penalties for apartment business licenses.
Miscellaneous Revenues
Miscellaneous revenue type included interest income, County reimbursement and grants, other miscellaneous receipts and refunds and reimbursements increased by $446,000. The largest increase is interest income at $269,000. The City invests in the Local Agency Investment Fund (LAIF). For fiscal year 2023-24, interest rates varied from 3.59% to 4% compared to fiscal year 2022-23, interest was ranging from 1.35% to 3.15%. In addition, the City contributed an additional $4 million earlier this fiscal year to LAIF. The City received County grant reimbursement for the Riverfront project of $153,000, which was not budgeted, and a Cal Recycle (beverage) grant
budget of ($7,000) is reclassified to Capital Project Fund 261 as expenditures are charged in fund 261. Lastly, the miscellaneous revenue and refunds and reimbursement accounts increased by $31,000.
Transfer-In
The transfer from the Successor’s Agency to the General Fund of $120,000 for administrative costs for FY 2022-23 and FY 2023-24 were not included in the FY 2023-24 adopted budget.
General Fund Expenditure
At mid-year, the combined total expenditures from the three funds are projected to be $14.11 million, which is $1.09 million higher than the budget amount of $13.03K. Below are explanations of the variance in each fund.
Fiscal Year 2023-2024 General Fund Expenditure Summary
Adopted
Council
Approval
During the
Year
End-ofYear
Proposed
Variance
General Fund (100)
Personnel Services $ 2,025,000 $ 1,000 $ 2,002,000 $ (23,000) Non-Personnel Services $ 11,001,000 $ 621,000 $ 10,412,000 $ (589,000) Total Fund (100) $ 13,026,000 $ 622,000 $ 12,414,000 $ (612,000) Local Fiscal Recovery
Fund (273)
Personnel Services $ - $ 70,000 $ 70,000 $ 70,000
Non-Personnel Services $ - $ 614,000 $ 614,000 $ 614,000 Total Fund (273) $ - $ 684,000 $ 684,000 $ 684,000
Pension /Retirement
Fund (711)
$ - $ - $ 1,016,000 $ 1,016,000
Combined Total $ 13,026,000 $ 1,306,000 $ 14,114,000 $ 1,088,000 General Fund (100) Personnel Services Cost
Personnel services’ total expenditure decreased by ($23,000). This is primarily due to higher projection in retirees’ medical premiums of ($94,000) during budget adoption. The increase is offset by the hiring of two part-time employees, renewal of City Manager’s contract and approval of the youth commission’s stipend, all totaling $71,000.
General Fund (100) Non-Personnel Services Cost
Total General Fund (100) Non-Personnel costs were down by ($589,000). This is due to the following:
• An additional appropriation of $621,000 was approved by Council during the year for the City Hall and Sheriff’s roofing project and the required matching fund for the California Department of Transportation Sustainable Planning project.
• The POB Series 2021 bond payment of ($1.016 million) is reclassified from the General Government department to Pension/ Retirement fund (711). The City records the County tax receipts for pension in Pension/ Retirement Fund. Therefore, the debt service payments should also be paid out of the Pension/Retirement Fund.
• After offsetting the Council approval of $621,000 against the pension debt payment of ($1.016 million), the General Fund (100) Non- Personnel cost decreased by ($194,000).
Local Fiscal Recovery Fund (273)
The Local Fiscal Recovery Fund’s total projected expenditures of $684,000 is from Council approval during the year for various projects as shown below.
Additional Appropriations: City Council Approval During the Year Fund and Project Amount
Local Fiscal Recovery Fund (273) Projects
Hub Cities Funding Agreement-Hub Cities Career Center Corp (Reimbursement is Expected) $ 100,000 1 Full-Time Employee $ 71,000
Reimbursement Agreement for Bell Shelter Beds $ 31,000
YMCA Family and Teen Camp and Buses $ 88,000
Fee Study: Rent Stabilization Program and Dodgers Dreamfield Rental $ 25,000 Rent Stabilization Program Software (3Di) $ 72,000
Teen / Resource Center $ 150,000
HVAC Replacement Project at City Hall, Sheriff's Station, and YMCA $ 147,000 Total Local Fiscal Recovery Fund (273) Projects $ 684,000 General Fund (100) Projects $
Youth Commission Stipend $ 1,000
City Hall and Sheriff's Station Roofing Project $ 600,000 Required Matching for California Department of Transportation Sustainable Planning $ 21,000 Total General Fund (100) Projects $ 622,000
Total City Council Approved Projects Fiscal Year 2023-2024 $ 1,306,000 Estimated Fund Balances for June 30, 2024
Each year, the City’s external independent auditors audit the City’s financial records. The data below summarizes the estimated General Fund Balance at June 30, 2024, with the overall estimated surplus of $17,000 for fiscal year 2023-2024 with an ending with a projected fund balance of $16,410,431.
Fiscal Year 2023-2024 Overview of Estimated Total Fund Balance General Fund Estimated
Total Fund
Balance
Audited Financial Statement FY 2021-2022 $ 14,602,431
Total Fund Balance FY 2022-2023 (Unaudited) $ 1,791,000* Projected Revenues FY 2023-2024 (Unaudited) $ 14,130,000 Projected Expenditures FY 2023-2024 (Unaudited) $ (14,113,000) Total Estimated Fund Balance Surplus/(Deficit) $ 17,000 Total Estimated Fund Balance at June 30, 2024 $ 16,410,431 * Based on actual total revenues of $14,454,564 and total actual expenditures of ($12,663,444).
LEGAL REVIEW:
The City Attorney has reviewed this report.
FISCAL IMPACT:
The City’s surplus at the end of the year is estimated to be $17,000 with an ending fund balance of $16,410,431 for the combined General Funds.
ATTACHMENT(S)
1. Resolution No. 6344 Midyear Budget Amendments
2. Attachment 1 to Resolution No. 6344
3. Attachment 2 to Resolution No. 6344
RESOLUTION NO. 6344
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF MAYWOOD, CALIFORNIA,
AMENDING THE FISCAL YEAR 2023-2024
BUDGET
WHEREAS, the City Council adopted the Fiscal Year 2023-2024 budget on June 28, 2023, for the General Fund via Resolution No. 6301; and WHEREAS, the midyear analysis of Fiscal Year 2023-2024 has been performed and staff recommends additional expenditure appropriations based upon the mid-point of the Fiscal Year; and
WHEREAS, a midyear analysis of FY2023-2024 has been performed and staff recommends Revenue Projections of $14,130,378. (Attachment 1); and WHEREAS, a Midyear analysis of FY2023-2024 has been performed and staff recommends Appropriations of $14,113,474. (Attachment 2) WHEREAS, the City Council has determined it necessary to amend the Fiscal Year 2023-2024 budget.
NOW, THEREFORE, BE IT RESOLVED, THE CITY COUNCIL OF THE CITY OF MAYWOOD DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. The following amendments to the City’s Fiscal Year 2023-2024 budget are hereby approved and staff is hereby directed to make the appropriate revisions to the City’s Fiscal Year 2023-2024 budget; and Section 2. This Resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall attest to and certify the vote adopting this Resolution.
Section 3. The City Clerk shall certify the adoption of the resolution and shall cause a certified resolution to be fille din the book of original resolutions.
PASSED, APPROVED AND ADOPTED THIS 27th day of March 2024.
Eddie De La Riva, Mayor
ATTEST: APPROVED AS TO FORM:
Brian E. Juarez, City Clerk Roxanne Diaz, City Attorney
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF MAYWOOD
I, Brian E. Juarez, City Clerk of the City of Maywood, County of Los Angeles, State of California, do hereby certify that the foregoing Resolution, being Resolution No. 6344, was duly passed, approved by not less than three members of the City Council of the City of Maywood, signed by the Mayor of said City, and attested by the City Clerk, all at a regular meeting of the City Council held on the 27th day of March 2024, that it was duly posted and that the same was passed and adopted by the following vote, to wit:
AYES:
NAYES:
ABSENT:
ABSTAINED:
Brian E. Juarez, City Clerk
Attachment 1
FY 2023-2024 Combined General Funds Revenue Summary
FY 2022-23
Budget
FY 2022-23
Actual
FY 2023-24
Adopted Budget
Mid Year FY 2023-
24 (Actual at
12/31/23)
FY 2023-24
Projected
Budget
FY 2023-24
Increase/
(Decrease)
General Fund (100)
Taxes:
Franchise Fee $ 210,800 $ 261,116 $ 245,000 $ 14,900 $ 245,000 $ - Property Taxes $ 364,760 $ 295,492 $ 245,475 $ 82,238 $ 272,700 $ 27,225 Property Taxes-Successor Agency's
Passthrough & Residual $ 281,218 $ 420,932 $ 404,525 $ - $ 438,400 $ 33,875 Utility Users Tax $ 1,102,415 $ 1,519,233 $ 1,200,000 $ 576,600 $ 1,515,000 $ 315,000 Property TaxTransfer Tax $ 28,465 $ 16,891 $ 28,000 $ 4,400 $ 13,000 $ (15,000) Transient Occupancy Tax $ 68,097 $ 102,165 $ 77,250 $ 32,300 $ 110,000 $ 32,750 Cannabis Sales Tax $ 1,980,241 $ 2,232,102 $ 1,750,000 $ 183,500 $ 1,750,000 $ - Sales & UseTax Revenue $ 2,200,048 $ 2,471,125 $ 2,400,000 $ 869,100 $ 2,410,000 $ 10,000 Prop 172: PublicSafety Sales Tax $ 68,322 $ 101,221 $ 70,000 $ 32,800 $ 97,000 $ 27,000 Taxes Total $ 6,304,366 $ 7,420,277 $ 6,420,250 $ 1,795,838 $ 6,851,100 $ 430,850 Licenses & Permits:
Miscellaneous Temporary use permits $ 5,000 $ 3,451 $ 2,835 $ 8,100 $ 9,400 $ 6,565 Public Works Permit Fees $ 160,000 $ 208,921 $ 190,000 $ 50,800 $ 100,000 $ (90,000) Other Fees & Permits
(Plumbing/Electrical/Mechanical) $ 17,061 $ 25,946 $ 23,200 $ 6,600 $ 13,000 $ (10,200) Occupancy Permits $ 15,000 $ 4,124 $ 6,000 $ 600 $ 600 $ (5,400) Building Permits $ 72,000 $ 94,603 $ 80,000 $ 22,300 $ 45,000 $ (35,000) Cannabis Renewal $ 80,000 $ 89,100 $ 74,250 $ 14,900 $ 74,250 $ - Parking Permits $ 60,000 $ 64,417 $ 60,000 $ 36,100 $ 60,000 $ - Apartment License $ 2,500 $ 16,126 $ 16,000 $ 900 $ 16,000 $ - Business License $ 207,824 $ 241,825 $ 221,975 $ 11,200 $ 221,975 $ - SB 1186 License Fee &
Use for Constructions $ 4,661 $ 222 $ 38 $ 200 $ 5,000 $ 4,962 Tobacco Retailer Lice/Garage Sale
Permits/Conditional/Land Use Permits $ 5,395 $ 7,764 $ 7,757 $ 1,500 $ 9,350 $ 1,593 Vehicle License Fee - LA County $ 3,300,000 $ 3,363,110 $ 3,464,000 $ - $ 3,540,000 $ 76,000 Vehicle License Fees Excess $ - $ 25,764 $ - $ 31,000 $ 31,000 Licenses and Permits Total $ 3,929,441 $ 4,145,373 $ 4,146,055 $ 153,200 $ 4,125,575 $ (20,480) Charges for Services:
All Other Charges for Services $ 4,890 $ 3,505 $ 3,465 $ 1,325 $ 1,960 $ (1,505) Collector Fee (Waste Mgmnt fee) $ 148,151 $ 332,222 $ 310,000 $ 89,800 $ 310,000 $ - Assessment (Waste Mgmnt) $ 7,000 $ 440 $ - $ -
Plan Check Fees $ 70,000 $ 54,564 $ 50,000 $ 50,800 $ 60,000 $ 10,000 Leases & Concessions $ 76,000 $ 86,470 $ 85,549 $ 41,400 $ 88,030 $ 2,481 Charges for Services Total $ 306,041 $ 477,201 $ 449,014 $ 183,325 $ 459,990 $ 10,976 Fines and Forfeitures:
Penalties: Apt & Bus Licenses $ - $ 10,758 $ 5,700 $ 2,700 $ 9,000 $ 3,300 SEMC: Court Collections (DMV) $ - $ 193,402 $ 180,000 $ 100,100 $ 180,000 $ - Administrative Citations $ 85,000 $ 4,800 $ 6,000 $ 1,700 $ 16,000 $ 10,000 Parking Citations $ 410,000 $ 500,114 $ 412,000 $ 120,200 $ 412,000 $ - Fines and Forfeitures Total $ 495,000 $ 709,074 $ 603,700 $ 224,700 $ 617,000 $ 13,300
Attachment 1
FY 2023-2024 Combined General Funds Revenue Summary
FY 2022-23
Budget
FY 2022-23
Actual
FY 2023-24
Adopted Budget
Mid Year FY 2023-
24 (Actual at
12/31/23)
FY 2023-24
Projected
Budget
FY 2023-24
Increase/
(Decrease)
Miscellaneous:
Interest Income $ - $ 195,987 $ 93,000 $ 238,500 $ 362,000 $ 269,000 Miscellaneous Revenue $ 12,500 $ 28,300 $ 25,500 $ 2,600 $ 10,010 $ (15,490) Refunds & Reimbursements $ 1,000 $ 21,642 $ 16,500 $ 600 $ 62,800 $ 46,300 Donations $ - $ 3,750 $ 3,500 $ 1,000 $ 3,500 $ -
County Reimbursement $ - $ - $ - $ 153,403 $ 153,403 $ 153,403 LACMTA-Reimb (Slauson Proj) $ - $ 86,550 $ - $ - $ - $ - Other (Recycling Grant) $ 1,200 $ 6,527 $ 7,000 $ - $ - $ (7,000) Compliance Program $ 45,000 $ 45,000 $ 45,000 $ - $ 45,000 $ - Good Corporate Citizen Prog $ 20,000 $ 20,000 $ 20,000 $ - $ 20,000 $ - Miscellaneous Revenue Total $ 79,700 $ 407,756 $ 210,500 $ 396,103 $ 656,713 $ 446,213 Transfers In-Successor Agency $ - $ - $ - $ - $ 120,000 $ 120,000 General Fund Total (100) $ 11,114,548 $ 13,159,681 $ 11,829,519 $ 2,753,166 $ 12,830,378 $ 1,000,859 Local Fiscal Recovery Fund (273)
Coronavirus Fiscal Recovery Fund $ - $ - $ - $ - $ - $ - Local Fiscal Recovery Fund (273) $ - $ - $ - $ - $ - $ - Pension Retirement Fund (711)
Pension Taxes Revenue $ 1,208,812 $ 1,294,883 $ 1,300,000 $ 188,145 $ 1,300,000 $ - Pension/Retirement Total (711) $ 1,208,812 $ 1,294,883 $ 1,300,000 $ 188,145 $ 1,300,000 $ - Combined General Fund (100)/LFR
Fund (273) / Pension/ Retirement
Fund (711) Revenue Total $ 12,323,360 $ 14,454,564 $ 13,129,519 $ 2,941,311 $ 14,130,378 $ 1,000,859
Attachment 2
FY 2023-2024 General Funds Appropriations Summary
2023-24 2023-24 2023-24
Requested
Budget
Increase/
(Decrease)
Projected
Budget
General Fund (100)
General Fund-Personnel
City Council $ 68,301 $ 5,259 $ 73,560
City Administration $ 387,122 $ 36,900 $ 424,022
City Clerk $ 30,780 $ (2,972) $ 27,808
Planning Commission $ 3,900 $ (2,580) $ 1,320
Finance $ 466,354 $ (254) $ 466,100
Human Resources $ 401,371 $ (94,331) $ 307,040
Community Services $ 128,630 $ 3,413 $ 132,043
General Governmental $ - $ -
Building & Planning $ 519,103 $ 10,160 $ 529,263
Public Works $ 19,542 $ 21,633 $ 41,175
Total General Fund-Personnel $ 2,025,103 $ (22,772) $ 2,002,331 General Fund-Non Personnel
City Council $ 54,900 $ 400 $ 55,300
City Administration $ 137,000 $ - $ 137,000
City Clerk $ 42,130 $ 7,270 $ 49,400
Planning Commission $ 3,900 $ (2,580) $ 1,320
Finance $ 150,100 $ 48,035 $ 198,135
Human Resources $ 895,573 $ (389,473) $ 506,100
Community Services $ 140,100 $ (2,500) $ 137,600
General Governmental $ 8,174,997 $ (965,017) $ 7,209,980 Building & Planning $ 273,600 $ 18,100 $ 291,700
Public Works $ 1,128,215 $ 696,885 $ 1,825,100
Total General Fund-Non Personnel $ 11,000,515 $ (588,880) $ 10,411,635 Total General Fund (100) $ 13,025,618 $ (611,652) $ 12,413,966 Local Fiscal Recovery Fund (273)
Personnel-Local Fiscal Recovery Fund - 273 $ - $ 70,417 $ 70,417 Non-personnel Local Fiscal Recovery Fund 273 $ - $ 613,305 $ 613,305 Total Local Fiscal Recovery Fund (273) $ - $ 683,722 $ 683,722 Pension/ Retirement Fund (711)
Pension Debt Service Payment $ - $ 1,015,786 $ 1,015,786 Total Pension/ Retirement Fund (711) $ - $ 1,015,786 $ 1,015,786 Combined General Funds Appropriations Total $ 13,025,618 $ 1,087,856 $ 14,113,474
AGENDA REPORT
CITY OF MAYWOOD
AGENDA ITEM NO. 15.
DATE: March 27, 2024
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: CLAUDIA ZAVALA, COMMUNITY SERVICES SUPERVISOR
BY: JENNIFER VASQUEZ, CITY MANAGER
SUBJECT: CONSIDERATION OF APPROPRIATING $8,000 FROM THE LOCAL FISCAL RECOVERY FUND FOR THE "TASTE OF MAYWOOD" EVENT; ALLOWNG LOCAL
BUSINESSES TO SHOWCASE THEIR MENU, BRING AWARENESS TO THEIR
RESTAURANTS AND TO CONTINUE STIMULATING THE LOCAL ECONOMY RECOMMENDATION:
Staff recommends that the City Council consider appropriating funds in the amount of $8,000 from the Local Fiscal Recovery funds for the "Taste of Maywood" event; allowing local businesses to showcase their menu, bring awareness to their restaurants and to continue stimulating the local economy.
BACKGROUND:
The City of Maywood is committed to supporting local businesses and fostering community engagement. As the City of Maywood approaches its 100th anniversary, it is essential to commemorate this significant milestone in a manner that highlights the city’s vibrant culture and supports its local economy. In line with this commitment, the Taste of Maywood event has been organized to showcase the diverse culinary offerings available in our city. The event will take place at the YMCA, serving as a central location accessible to all residents and will feature samples from ten (10) local businesses. The Centennial Committee has been actively involved in coordinating meetings with local food businesses to extend invitations for participation in the event. Through these meetings, the committee aims to secure the involvement of a diverse range of establishments, ensuring representation across various culinary genres.
DISCUSSION:
The Taste of Maywood event will serve as a platform to highlight the culinary talents of Maywood businesses, attracting residents and visitors alike. By showcasing the diverse range of cuisine available in our city, we aim to stimulate economic growth and encourage investment in local establishments. A promotional flyer will be distributed via social media, inviting interested businesses to apply for participation in the event. The Centennial Committee will then select the final 10 businesses to be part of the Taste of Maywood event. The chosen businesses will receive a stipend to provide tastings for this event; it is proposed that among the 10 businesses a total of 1,200 tastings will be distributed.
The CivicRec online platform will be used for resident registration. Each qualified registrant will receive 4 tickets for tastings.
The proposed budget for the Taste of Maywood event is $8,000. Below is a breakdown of the allocation of funds:
- Total number of registrants: 300 at four (4) tastings each, resulting in a total of 1,200 tastings. - Ten (10) businesses will each provide 120 tastings, resulting in a stipend of $450 per business; each tasting is estimated to be $3.50.
- The total cost for tastings is $3.50 x 1,200 total tastings = $4,200. - Snacks for children of registrants (not included in tastings): $1,500. - Rental cost of tables, linens, decorations, etc.: $2,300.
LEGAL REVIEW:
The City Attorney has reviewed this report.
FISCAL IMPACT:
There are sufficient funds in the local fiscal Recovery Act Fund, Fund 273, to fund the proposed program.
F.Y. 24-25 Impact: $8,000 Current F.Y. Budget: 23/24 N/A Fund Impacted: 273 Budget adjustment requested: N/A
Source of funds: Special Revenue Updated Account Budget:
Account Number: 6115 For fiscal year: 24/25: $8,000
ATTACHMENT(S)
AGENDA REPORT
CITY OF MAYWOOD
AGENDA ITEM NO. 16.
DATE: March 27, 2024
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JENNIFER VASQUEZ, CITY MANAGER
BY: STEVE FOWLER, DIRECTOR OF BUILDING AND PLANNING
SUBJECT: FIRST READING OF ORDINANCE NO. 24-03 ADOPTING BY REFERENCE THE 2022
EDITION OF THE CALIFORNIA BUILDING STANDARDS CODE (CALIFORNIA CODE OF REGULATIONS, TITLE 24), EXCEPT FOR THE FIRE CODE AS THE CITY OF
MAYWOOD ADOPTS THE LOS ANGELES COUNTY FIRE CODE, AND MAKING AMENDMENTS THERETO; ADOPTION OF THE 2021 INTERNATIONAL PROPERTY MAINTENANCE CODE; AMENDING CHAPTER 8-01, 8-03, 8-06, 8-09, 8-12, 8-13, 8- 18, 8-19, AND 8-21, OF THE MAYWOOD MUNICIPAL CODE; AND FINDING THE
ACTION EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO THE COMMON SENSE EXEMPTION OF CEQA GUIDELINES SECTION 15061(b)(3)
RECOMMENDATION:
Staff recommends that the Maywood City Council:
1. Introduce Ordinance No. 24-03 for first reading by title only and waive full reading of Ordinance No. 24-
03. AN ORDINANCE OF THE CITY OF MAYWOOD, CALIFORNIA, ADOPTING BY REFERENCE THE 2022
EDITION OF THE CALIFORNIA BUILDING STANDARDS CODE (CALIFORNIA CODE OF REGULATIONS, TITLE 24), EXCEPT FOR THE FIRE CODE AS THE CITY OF MAYWOOD ADOPTS THE LOS ANGELES COUNTY FIRE CODE, AND MAKING AMENDMENTS THERETO; ADOPTION OF THE 2021 INTERNATIONAL PROPERTY MAINTENANCE CODE; AMENDING CHAPTER 8-01, 8-03, 8-06, 8-09, 8-12, 8-13, 8-18, 8-19, AND 8-21, OF THE MAYWOOD MUNICIPAL CODE; AND FINDING THE ACTION EXEMPT
FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT PURSUANT TO THE COMMON SENSE EXEMPTION OF CEQA GUIDELINES SECTION 15061(b)(3)
2. Direct the City Clerk to set a public hearing on the adoption of Ordinance No. 24-03 for April 24, 2024, at 6:00 p.m., at City Hall Council Chambers and to advertise the public hearing according to Government Code Section 50022.3.
BACKGROUND:
Every three years, the California Building Standards Commission publishes the California Building Standards Code. The California Building Standards Code is a compilation of building standards that apply to all occupancies in California. The building standards proposed for adoption at this time are: 2022 Edition of the California Building Standards Code (California Code of Regulations Title 24), except for the fire code, as the City of Maywood adopts the Los Angeles County Fire Code. The Building Standards Code is comprised of: the California Building Code, 2022 Edition; California Electrical Code, 2022 Edition; California Plumbing Code, 2022 Edition; California Mechanical Code, 2022 Edition; California Energy Code, 2022 Edition; California
Residential Code, 2022 Edition; and California Green Building Code, 2022 Edition. In addition, the ordinance adopts the 2021 International Property Maintenance Code. Accordingly, the proposed ordinance will amend Chapters 8-01, 8-03, 8-06, 8-09, 8-12, 8-13, 8-18, 8-19, AND 8-21, of the Maywood Municipal Code. It should be noted that adoption of this ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to the common sense exemption of CEQA Guidelines section 15061(b)(3).
DISCUSSION:
The proposed Ordinance No. 24-03 adopts by reference the Building Standards Code as listed above.
Proposed amendments to the mandated codes fall into two categories: amendments to the current building standards contained in the various codes; and, amendments to the administrative provisions for purposes of convenience and consistency. These amendments were rewritten to attain the same requirements as the current standards in the City of Maywood.
In addition, amendments have been made to the administrative provisions of the codes. These changes are made for consistency. Chapter 1 Division II of the California Building Code has been adopted to provide a consistent set of administrative provisions for all building codes.
In addition, when adopting a code by reference, State law requires that the City Council schedule a public hearing after first reading of the Ordinance. The public hearing would occur in conjunction with the second reading of the Ordinance. Pursuant to Government Code 50022.3, the notice of the public hearing must be published once a week for two successive weeks, with at least five days intervening between the respective publication dates. In addition, the City Clerk is required to keep on file a copy of the code to be adopted by reference for at least 15 days before the public hearing.
Should the City Council fail to adopt this Ordinance after the public hearing, the provisions of the 2022 California Building Standards Code will still apply, just without the amendments to deal with local climatic and seismic issues. Additionally, the International Property Maintenance Code will not be adopted. Chapter 15.08, which adopted the state housing law regulations by reference, is being repealed as the provisions apply regardless of adoption by the City. The repeal has no actual impact except to clean up the Code.
Attached is a redline of the proposed ordinance. The final ordinance will be provided to the City Council at or before its consideration of this item on March 27 City Council meeting.
LEGAL REVIEW:
The City Attorney has reviewed this report.
FISCAL IMPACT:
This item does not require an expenditure of funds.
ATTACHMENT(S)
1. Maywood CA Municipal Code-Building-Strikeout-Revision
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Title 8 - BUILDING REGULATIONS
Chapter 1 - BUILDING CODE
Sections:
8-1.01 - Adoption of the Building Code.
There is hereby adopted, by reference, as the Building Code of the City, except as specified in this chapter, Ordinance No. 20100-0053 of the County of Los Angeles, which amends the County Code, Title 26— Building Code, to adopt by reference the 2013 Edition of the California Building Code and 2012 Edition of the International Building Code and make technical and editorial changes. Said Ordinance No. 20100-0053, was adopted November 26, 2013 by the County Board of Supervisors, and shall be known as the Building Code of the City and may be cited as such.
One (1) copy of Title 26 (Building Code) of the Los Angeles County Code has been filed in the office of the City Clerk and at all times shall be maintained in said office for the use and examination of the public.
(Ord. No. 11-02 , § 4, 1-11-2011; Ord. No. 11-05 , § 3, 2-14-2011; Ord. No. 14-07 , § 3, 10-8-2014) Editor's note— Ord. No. 11-02 , § 4, adopted January 11, 2011, repealed the former § 8-1.01 and enacted a new § 8-1.01. The former § 8-1.01 pertained to similar subject matter and derived from Ord. 98-451, effective March 12, 1998; and Ord. 03-491, effective March 27, 2003. 8-1.01.1 - Amendments: Section 105: Board of Appeals.
Subsection 105.1 of Section 105 of said Building Code is hereby amended to read as follows:
Section 105 - Board of Appeals
105.1 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 consisting of members of the City Planning Commission, who shall pass on matters pertaining to building construction. The building official shall be an ex officio member of and shall act as secretary to said board but shall have no vote on any matter before the board. The board of appeals shall be appointed by the governing body and shall hold office at its pleasure. The board shall adopt rules of procedure for conducting its business, and shall render all decision and findings in writing to the appellant with a duplicate copy to the building official.(Ord. 98-451, eff. March 12, 1998)
8-1.02 - Amendments: Section 106.3: Application for Permit.
Subsection 106.3.1 of Section 106.3 of said Building Code is hereby amended by adding subsection 8 thereto to read as follows:
Sec. 106.3 Application for Permit. (106.3.1) Application. 8. Include a list of all subcontractors and material men who are performing work or furnishing material connected with such permit. In the event any of the subcontractors or material men to be used on the project are not known at the time of the application, their names and addresses shall be supplied within ten (10) days after the subcontractor is selected by the contractor.
No final inspection or Certificate of Occupancy shall be made or issued unless this provision has had full compliance.
(Ord. 98-451, eff. March 12, 1998)
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8-1.03 - Amendments: Section 106.4: Permit Issuance.
Section 106.4 of said Building Code is hereby amended by adding subsection 106.4.6 thereto to read as follows:
Sec. 106.4. Permits Issuance: 106.4.6 Worker's Compensation. Every applicant for a Building Permit shall file, with the Building Department a certificate of worker's compensation covering bodily injury for persons employed by the permittee in the performance of the permitted work, or shall provide verification that an affidavit exempting contractor from requirements of worker's compensation insurance on file with the State of California Contractors License Board. (Ord. 98-451, eff. March 12, 1998)
8-1.04 - Amendments: Section 107: Fees.
Section 107, subsections 107.2, 107.3 and 107.5.2 of the Uniform Building Code are hereby amended to read as follows:
Sec. 107. Fees. 107.2 Building Permit Fees. A fee for each building permit shall be paid to the City based upon a schedule of fees approved by resolution adopted or amended by the City Council. The valuation schedule upon which said building permit fees shall be based shall also be based upon a valuation schedule approved by resolution adopted or amended by the City Council.
Sec. 107. Fees. 107.3 Plan Checking Fees. A plan-checking fee, as established by resolution adopted or amended by the City Council, shall be paid to the City at the time of submitting plans and specifications for plan checking. Where plans are incomplete or changed so as to require additional plan checking, an additional plan-checking fee shall be charged at a rate established by the Building Official.
Sec. 107. Fees. 107.5.2 Double Fees. When work for which a permit is required by this chapter of said Building Code is started or proceeded prior to obtaining such permit, the fees specified in Section
1.04 of this chapter shall be doubled but in no case shall be less than One Hundred and no/100ths ($100.00) Dollars. The payment of such double fee shall not relieve any person from fully complying with the requirements of this chapter or said Building Code in the execution of the work not from any other penalties in this section.
(Ord. 98-451, eff. March 12, 1998)
8-1.05 - Amendments: Section 310.11: Heating.
Section 310.11 of said Building Code is hereby amended to read as follows:
Sec. 310.11. Heating Facilities. Every dwelling unit and guest room shall be provided with heating facilities providing a minimum of fifty (50) BTUs per square foot of floor area. (Ord. 98-451, eff. March 12, 1998)
8-1.06 - Restoration permits.
A restoration permit shall be secured for the restoration of any building or structure to its original intended use.
(Ord. 98-451, eff. March 12, 1998)
8-1.07 - Satellite dishes, microwave dishes and solar panels: Permit required.
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No satellite dish, microwave dish, or solar panel, nor any item weighing in excess of 500 pounds shall be placed upon any roof in the City without first submitting to the Department of Building and Planning a complete set of engineered plans for its review and approval, all in accordance with the procedures established for review and approval of building plans within the City. (Ord. 98-451, eff. March 12, 1998)
8-1.08 - City deemed included in unincorporated area of County.
Whenever in the Building Code, reference is made to the unincorporated area of the County of Los Angeles, such area shall be deemed to include in its true geographical location the area of the City. (Ord. No. 11-02 , § 4, 1-11-2011; Ord. No. 11-05 , § 3, 2-14-2011; Ord. No. 14-07 , § 3, 10-8-2014) 8-1.09 - Violations: Penalties.
Any person violating any provision of this chapter or of said Building Code shall be guilty of a misdemeanor. The conviction of any such offense shall be the cause for the immediate suspension or revocation of any permit, license, or certificate of qualification or registration issued to the person so convicted.
(Ord. No. 11-02 , § 4, 1-11-2011; Ord. No. 11-05 , § 3, 2-14-2011; Ord. No. 14-07 , § 3, 10-8-2014) 8-1.01 California Building Code adopted by reference.
A. Chapter 1, Division II through Chapter 35 and Appendices F, I and J of 2022 California Building Code, Title 24 Part 2 of California Code of Regulations, as published by the California Building Standards Commission are hereby adopted by reference pursuant to the provisions of Sections 50022.1 through 50022.10 of the Government Code of the State of California as though fully set forth herein, and made a part of the City of Maywood Municipal Code with the same force and effect as though set out herein in full, including all of the regulations, revisions, conditions and terms contained therein except that those certain sections thereof which are necessary to meet local conditions as hereinafter set forth in Section 8-1.01 of this code are hereby repealed, added or amended to read as set forth therein.
B. Not less than one copy of said 2022 California Building Code, Title 24 Part 2 of California Code of Regulations together with any and all amendments thereto proposed by the City of Maywood, has been and is now filed in the office of the Community Development department and shall be remain on file with building official, and shall collectively be known as the City of Maywood Building Code and may be cited as Section 8-1.01 of the City of Maywood Municipal Code.
8-1.02 - Amendments: 109.2 Schedule of permit fees.
109.2 Schedule of permit fees. On buildings, structures, electrical, gas, mechanical, and plumbing systems or alterations requiring a permit, a fee for each permit shall be paid as required, in accordance with the schedule as established by the City Council. The fee schedules adopted by the City Council shall apply to fees arising under the building code, except where a different fee has been adopted by resolution of the city council.
Sec. 109.2.1 Plan Checking Fees. A plan-checking fee, as established by resolution adopted or amended by the City Council, shall be paid to the City at the time of submitting plans and specifications for plan checking. Where plans are incomplete or changed so as to require additional plan checking, an additional plan-checking fee shall be charged at a rate established by the Building Official.
Sec. 1 0 9 . 4 W o r k C o m m e n c i n g B e f o r e P e r m i t I s s u a n c e When work for which a permit is required by this chapter of said Building Code is started or proceeded prior to obtaining such permit, the
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fees specified in Section 1.04 of this chapter shall be doubled but in no case shall be less than One Hundred and no/100ths ($100.00) Dollars. The payment of such an investigation double fee shall not relieve any person from fully complying with the requirements of this chapter or said Building Code in the execution of the work not from any other penalties in this section. 8-1.03 - Section 114.4 Violation Penalties
A. General Penalty—Continuing Violations. Every act prohibited or declared unlawful and every failure to perform an act required by this code is a misdemeanor or an infraction as set forth in the said respective pertinent sections of this code and any person causing or permitting a violation of any such section of said code shall be subject to the penalties ascribed to each such section as set forth herein. Where silent as to whether a violation is a misdemeanor or infraction, the city attorney may prosecute such violation as either a misdemeanor or infraction in his/her discretion.
B. Violations Including Aiding, Abetting, and Concealing. Every person who causes, aids, abets or conceals the fact of a violation of this code is guilty of violating this code.
C. Enforcement by Civil Action. In addition to the penalties provided herein, the said code may be enforced by civil action. Any condition existing in violation of this code is a public nuisance and may be summarily abated by the city.
Chapter 2 - BUILDING MOVING
Footnotes:
--- (1) ---
Editor's note— Sections 8-2.01 through 8-2.10, codified from Ordinance No. 567, as amended by Ordinance No. 68-56, effective November 21, 1968, repealed by Section 2, Ordinance No. 79- 202, effective September 13, 1979.
Chapter 3 - ELECTRICAL CODE*
Sections:
8-3.01 - Adoption of the Electrical Code.
There is hereby adopted, by reference, as the Electrical Code of the City, except as specified in this chapter, Ordinance No. 2013-0049 of the County of Los Angeles, which amends the County Code, Title 27— Electrical Code, to adopt by reference the 2013 Edition of the California Electrical Code and 2011 Edition of the National Electrical Code and make technical and editorial changes. Said Ordinance No. 2013-0049, was adopted November 26, 2013 by the County Board of Supervisors, and shall be known as the Electrical Code of the City and may be cited as such.
One (1) copy of Title 27 (Electrical Code) of the Los Angeles County Code has been filed in the office of the City Clerk and at all times shall be maintained in said office for the use and examination of the public.
(Ord. No. 11-02 , § 5, 1-11-2011; Ord. No. 11-05 , § 4, 2-14-2011; Ord. No. 14-07 , § 4, 10-8-2014) Editor's note— Ord. No. 11-02 , § 5, adopted January 11, 2011, repealed the former § 8-3.01, and enacted a new § 8-3.01. The former § 8-3.01 pertained to similar subject matter and derived from Ord.
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98-451, effective March 12, 1998.
8-3.02 - Exceptions.
The provisions of this chapter shall apply to the construction, removal, alteration, moving, repair, and use of any electrical work or equipment on any premises within the City, except work:Of the Federal government;
(a) Of the State;
(b) Located on property owned by a public school district; (c) Located primarily in the public way;
(d) Consisting of public utility wiring; or
(e) Otherwise specifically excepted by this Code.
(Ord. 98-451, eff. March 12, 1998)
8-3.03 - Amendments: Article 230 D: Underground Services.
Article 230 D of said Electrical Code is hereby amended by adding thereto Section 230-33 to read as follows:
230-33. Services from supply systems to premises. Underground services from the servicing utilities' overhead or underground systems shall be installed to conform to the utilities' requirements.
All new service meeting equipment installed in the commercial zones bordering on Slauson Avenue and Atlantic Boulevard shall be served from an underground source. If such source is not available at the time of the installation, a raceway shall be provided for future underground service.
Such raceway or conduit shall be to the specifications and requirements of the serving utility.
The owners of all existing buildings or structures in said area being served from an overhead source upon proper notification to the City by the serving utility of the availability of underground electrical energy, within ninety (90) days shall connect to the new source in the manner prescribed by this Code and the serving utility.
(Ord. 98-451, eff. March 12, 1998)
8-3.04 - Wiring planning.
(a) Wiring for accessory uses and accessory buildings shall be in an underground system. (b) A three-fourths (¾″) inch conduit shall be provided to a convenient and accessible location in the attic and underfloor areas for future circuit wiring. (Ord. 98-451, eff. March 12, 1998)
8-3.05 - Permits: Applications.
(a) Applications for electrical permits, describing the work to be done, shall be made in writing by a certified electrician or maintenance electrician or his authorized representative. Where a license is required by the State, a permit shall not be issued unless the applicant has such a license. In the case of an owner, such application shall be for a special owner's permit.
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(b) Application shall give the location where such work is to be done, either by street and house number, by lot, block, and tract number, or by a similar description that will readily identify and definitely locate the proposed work. A separate application shall be required for each building.
(c) Applications for single-family dwellings may include all accessory buildings, such as garages, sheds, guest houses, and the like, that are located on the same lot, erected at the same time, and supplied from the same service as the main building. (d) Each such application shall be accompanied by drawings or blueprints as required by the Chief Electrical Inspector. Applications may be made by a firm, partnership, or corporation, any officer or member of which is a certified electrician. In the event all construction or work is done under the direct personal supervision of such officer or member. (Ord. 98-451, eff. March 12,
1998) 8-3.06 - Special owners'
permits.
The Chief Electrical Inspector may issue to an individual a special owner's permit (a qualifying examination may be required) authorizing such individual to install, alter, change, or repair electrical equipment in, on, or about a single-family residence of which such individual is the owner and in which he resides or intends to reside, but not elsewhere; provided, however, no electrical work authorized under any such special owner's permit shall be done, nor shall the owner holding any such permit allow any such work to be done, except personally by the owner to whom the permit is issued or by a member of his immediate family, and, if this or any other provision hereof shall be violated by the holder of such special owner's permit, such permit shall be subject to immediate cancellation by the Chief Electrical Inspector, and the holder thereof shall be liable to the penalty hereinafter provided for violations of this Code.
(Ord. 98-451, eff. March 12, 1998)
8-3.07 - Permits.
(a) No alteration or addition shall be made to any existing wiring, or shall any wiring for the placing or installation of any electric light, power, or heating device, or any apparatus which generates, transmits, transforms, or utilizes electricity, operating at a voltage exceeding twenty-five (25) volts between conductors or capable of supplying more than fifty (50) watts, be made without first obtaining a permit therefor from the Chief Electrical Inspector, excepting minor repair work, such as repairing flush and snap switches, replacing fuses, changing lamp sockets and receptacles, taping bare joints, repairing drop cords, and the like. (b) The application, plan, and specifications filed as required by this chapter shall be checked by the Chief Electrical Inspector, and, if found to be in conformity with the requirements of this Code and all other laws or ordinances applicable thereto, the Chief Electrical Inspector, upon the receipt of the required fee, shall issue a permit therefor. Every permit issued shall be valid only for the location described on the application therefor.
(Ord. 98-451, eff. March 12, 98) 8-3.08 - Expiration of permits.
Every permit issued by the Chief Electrical Inspector under the provisions of this chapter shall expire by limitation and becomes null and void if the building or work authorized by such permit shall not be commenced within sixty (60) days after the date of such permit or if the building or work authorized by such permit shall be suspended or abandoned at any time after the work is commenced for a period of 120 days. Before such work can be commenced, a new permit shall be first obtained so to do. (Ord. 98-451, eff. March 12, 1998)
8-3.09 - Cancellation of permits.
If no portion of the work or construction covered by a permit issued by the Chief Electrical Inspector under the provisions of this chapter has been commenced, the person to whom such permit has been
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issued may deliver such permit to the Chief Electrical Inspector with a written request that such permit be cancelled. The Chief Electrical Inspector shall thereupon stamp or write upon the face of such permit the words "Canceled at the Request of the Permittee". Thereupon such permit shall be null and void and of no effect.
(Ord. 98-451, eff. March 12, 1998)
8-3.10 - Maintenance electricians.
Any person regularly employing one or more electricians for the purposes of installation, alterations, maintenance, or repairs on his own premises shall make monthly reports covering all installations, additions, or alterations and shall pay for each such installation, alteration, maintenance, or repair the permit fees provided for in this chapter. All such work shall be installed and done in accordance with the provisions of this chapter, and such work shall be subject to inspections by the Chief Electrical Inspector to the same extent as all other similar work for which such inspection is provided.
(Ord. 98-451, eff. March 12, 1998)
8-3.11 - Public utilities exempted.
The provisions of this chapter shall not apply to any electrical work performed by any electrical corporation, telephone corporation, telegraph corporation, railroad corporation, or street railroad corporation on or with any electrical equipment owned or controlled and operated or used by, and for the exclusive benefit of, such corporation in the conduct of its business as a public utility, or to any other work which any such corporation may be entitled by law to perform without the payment of any local tax, but all the provisions of this chapter shall apply insofar as they may be applicable, consistently with the provisions of this section, to all other electrical work performed by any such corporation.
The term "electrical corporation", "telephone corporation", "telegraph corporation", "railroad corporation", and "street railroad corporation" are used in this section as such terms are respectively defined in the Public Utility Act of the State, and such terms shall also be deemed to include similar utilities which are municipally owned and operated.
(Ord. 98-451, eff. March 12, 1998)
8-3.12 - Records of permits and inspections.
The Chief Electrical Inspector shall keep complete records of all permits issued and inspections made and other official work performed under the provisions of this chapter. (Ord. 98-451, eff. March 12, 1998)
8-3.13 - Appeals.
In order to determine the suitability of alternate materials and methods of installation and to provide for reasonable interpretations of the provisions of this chapter, there shall be and is hereby created a Board of Appeals consisting of five (5) members of the Planning Commission to pass upon matters pertaining to electrical installations. The Building Official shall be an ex officio member and shall act as secretary of the Board.
(Ord. 98-451, eff. March 12, 1998)
8-3.14 - Approval.
Upon the completion of the electrical wiring in or on any building or structure of any nature, or tent, or premises, except as otherwise exempted in this chapter, the person, firm, or corporation installing the wiring shall notify the Chief Electrical Inspector who shall inspect such installation, and, if it is found by him to be fully in compliance with the provisions of this chapter, he shall issue, as provided for herein, the certificate of inspection or approval tag authorizing the connection to the
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electrical service and the energizing of the installation. (Ord. 98-451, eff. March 12, 1998)
8-3.15 - Permission to cover work.
It shall be unlawful for any person to lath over, seal, cover, or conceal any electrical wiring or other electrical equipment, for the installation of which a permit is provided for in this chapter, until such electrical wiring or other electrical equipment shall have been inspected and approved by the Chief Electrical Inspector. The Chief Electrical Inspector shall have the power to remove, or to require the removal of, any obstruction which prevents the proper inspection of any electrical equipment. (Ord. 98-451, eff. March 12, 1998)
8-3.16 - Corrections.
All defects shall be corrected within ten (10) days after inspection and notification or within such other reasonable time as is permitted by the Chief Electrical Inspector. Failure to comply shall be sufficient cause for the refusal to issue any further permit to such permittee until such corrections have been made.
(Ord. 98-451, eff. March 12, 1998)
8-3.17 - Connections.
It shall be unlawful to energize, or cause or permit to be energized, any electrical wiring coming under the provisions of this chapter until such electrical wiring shall have been inspected and approved by the Chief Electrical Inspector; provided, however, the Chief Electrical Inspector may give written temporary permission to furnish electric current to, or the use of electric current through, any electrical wiring for a length of time not exceeding thirty (30) days if it appears to the Chief Electrical Inspector that such electrical wiring may be used safely for such purposes and that there exists an urgent necessity for such use.
(Ord. 98-451, eff. March 12, 1998)
8-3.18 - Right of entry.
Whenever it is necessary to make an inspection to enforce any of the provisions of this chapter, or whenever the Building Official or his authorized representative has reasonable cause to believe that there exists in any building or upon any premises any condition which makes such budding or premises unsafe as defined in Section 102 of the Uniform Building Code, the Building Official or his authorized representative may enter such building or premises at all reasonable times to inspect the same or to perform any duty imposed upon the Building Official by this chapter; provided, however, if such building or premises shall be occupied, he shall first present proper credentials and demand entry, and if such building or premises shall be unoccupied, he shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and demand entry. If such entry is refused, the Building Official or his authorized representative shall have recourse to every remedy provided by law to secure entry.
No owner or occupant or any other person having the charge, care, or control of any building or premises shall fail or neglect, after proper demand is made as provided in this section, to properly permit entry therein by the Building Official or his authorized representative for the purposes of inspection and examination pursuant to the provisions of this chapter. Any person violating the provisions of this section shall be guilty of a misdemeanor. (Ord. 98-451, eff. March 12, 1998)
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8-3.19 - Reinspections.
(a) The Chief Electrical Inspector is hereby authorized and empowered to make, at such times and as often as in his discretion it may seem necessary, a thorough reinspection of the installation in or on any building, structure, or premises of all electrical wiring, electrical devices, and electrical material now installed or that may hereafter be installed within the City. When the installation of any such wiring device or material is found to be in a dangerous or unsafe condition, the person, firm, corporation, or governmental agency owning, using, or operating the same shall be notified in writing and shall make the necessary repairs or changes required to place such wiring, device, or material in a safe condition and to have such work completed within a period of ten (10) days after such notice, or within such other reasonable period specified by the Chief Electrical Inspector in such notice, and shall pay such fees as are required by the provisions of this chapter. (b) The Chief Electrical Inspector is hereby empowered to disconnect, or to order the discontinuance of, electrical service to wiring, devices, or materials found to be defective until the installation of such wiring, devices, or materials has been made safe as directed by the Chief Electrical Inspector, and any person, firm, corporation, political subdivision, or governmental agency ordered to discontinue such electrical service shall do so within twentyfour (24) hours after the receipt of such notice and shall not reconnect such service or allow the service to be reconnected until notified so to do by the Chief Electrical Inspector. (Ord. 98-451, eff. March 12, 1998)
8-3.20 - Permit fees.
Any person desiring any electrical permit, at the time of filing an application therefor, shall pay to the City the fees approved by resolution adopted or amended by the City Council. (Ord. 98-451, eff. March 12, 1998)
8-3.21 - Investigation fees.
When work for which a permit is required by this chapter or said Electrical Code is started or proceeded prior to obtaining such permit, the fees specified in Section 8-3.20 of this chapter shall be doubled but in no case shall be less than One Hundred and no/100ths ($100.00) Dollars. The payment of such double fee shall not relieve any person from fully complying with the requirements of this chapter or said Electrical Code in the execution of the work nor from any other penalties prescribed herein. (Ord. 98-451, eff. March 12, 1998)
8-3.22 - Exemptions from fees.
The requirements for fees contained in this chapter or said Electrical Code shall not apply when the collection of such fees is legally prohibited by other laws. A fee shall not be required for the issuance of a permit to perform work regulated by this chapter or said Electrical Code in a structure designed and used exclusively as an emergency fallout shelter.
(Ord. 98-451, eff. March 12, 1998)
8-3.23 - Plans and specifications.
Plans and specifications, when required, shall be filed with the Chief Electrical Inspector and approved prior to applying for an electrical permit and installing any wiring. When a plan check is required, a plan- check fee as specified by resolution adopted or amended by the City Council may be charged.
(Ord. 98-451, eff. March 12, 1998)
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8-3.24 - Refunds.
In the event any person shall have obtained a permit, and no portion of the work or construction covered by such permit shall have been commenced, or such permit shall have been canceled without any work having been done, the permittee, upon presentation to the Building Official of a request therefor in writing on a special form, shall be entitled to a refund in an amount equal to eighty (80%) percent of the fee actually paid for such permit. The Building Official shall satisfy himself/herself as to the right of such applicant to such refund, and each such refund shall be paid as provided by law. (Ord. 98-451, eff. March 12, 1998)
8-3.25 - Materials.
(a) New materials. All electrical materials, devices, appliances, and equipment installed or used within the City shall be in conformity with the provisions of this chapter. Conformity with the standards of the Underwriters' Laboratories, Inc., as approved by the American Standards Association or other approved testing laboratory, shall be prima facie evidence of conformity with approved standards for safety to life and property.
(b) Used materials. Previously used materials shall not be reused in any work without written approval obtained in advance from the Chief Electrical Inspector. (Ord. 98-451, eff. March 12,
1998) 8-3.26 - Existing installation.
(a) Nothing contained in this chapter shall be construed to restrict the use of, nor to require any person to reinstall, reconstruct, alter, change, or remove, any electrical wiring or equipment which complied with the laws and regulations of the City in effect before December 9, 1976, unless the same is dangerous, unsafe, or a hazard to life or property.
Additional or alterations to, and alterations and renewals of, existing installations shall be made in compliance with the provisions of this chapter. (b) In existing residential buildings where repairs are required due to the Chief Electrical Inspector's surveys or where repairs to the interior wiring system are necessary due to a fire of an electrical nature, the following rules shall apply:
(1) All cord wiring used as a substitute for permanent wiring shall be replaced, and each room shall contain no fewer receptacles than shown in the following table:
Room or Location Receptacles Required
Living room 4
Living and dining room 5
Dining room 2
Library 2
Den 2
Bedroom 2
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Sleeping room 2
Sewing room 1
Room or Location Receptacles Required
Sunroom 1
Nursery 1
Kitchen 3
Room or Location Receptacles Required
Kitchenette 1
Dinette or breakfast nook 1
Service porch 1
Laundry room or space 1
Fixed ironing board 1
Bathroom 1
Half-bath 1
Toilet 1
(2) When more than one receptacle is required, they shall be equally spaced around the room and located to be most practical. Not more than one such minimum required receptacle shall be on the same wall, except a room having an ironing board receptacle. (3) Houses or buildings moved to new locations shall be made to comply with full Code requirements, except that wiring which was installed prior to the move, and which was inspected and approved and has been maintained in a satisfactory manner, will be permitted to remain.
(4) All attachment plug receptacles installed in garages, kitchens, bathrooms, workshops, and adjacent to laundry trays or to supply laundry equipment shall be three (3) wire grounded type, regardless of the type of wiring system, and shall be grounded in an approved manner.
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(5) Three (3) wire grounding type receptacles shall not be installed on an ungrounded outlet. (6) All attachment plug receptacles supplied through metallic systems shall be three (3) wire grounding type.
(7) Existing services having an capacity of at least eighty (80%) percent of the demand load as calculated in Section 220-4 of the National Electrical Code need not be increased in size.
(Ord. 98-451, eff. March 12, 1998)
8-3.27 - City deemed included in unincorporated area of County.
Whenever in the Electrical Code, reference is made to the unincorporated area of the County of Los Angeles, such area shall be deemed to include in its true geographical location the area of the City. (Ord. No. 11-02 , § 5, 1-11-2011; Ord. No. 11-05 , § 4, 2-14-2011; Ord. No. 14-07 , § 4, 10-8-2014) Editor's note— Ord. No. 11-02 , § 5, adopted January 11, 2011, repealed the former § 8-3.27, and enacted a new § 8-3.27. The former § 8-3.27 pertained to similar subject matter and derived from Ord. 98-451, effective March 12, 1998.
8-3.28 - Violations: Penalties.
Any person violating any provision of this chapter or of said Electrical Code shall be guilty of a misdemeanor. The conviction of any such offense shall be the cause for the immediate suspension or revocation of any permit, license, or certificate of qualification or registration issued to the person so convicted.
(Ord. No. 11-02 , § 5, 1-11-2011; Ord. No. 11-05 , § 4, 2-14-2011; Ord. No. 14-07 , § 4, 10-8-2014) 8-3.01 - California Electrical Code adopted by reference.
A. Chapter 1, Division II through Chapter 35 and Appendices F, I and J of 2022 California Building Code, Title 24 Part 2 of California Code of Regulations, as published by the California Building Standards Commission are hereby adopted by reference pursuant to the provisions of Sections 50022.1 through 50022.10 of the Government Code of the State of California as though fully set forth herein, and made a part of the City of City of Maywood Municipal Code with the same force and effect as though set out herein in full, including all of the regulations, revisions, conditions and terms contained therein except that those certain sections thereof which are necessary to meet local conditions as hereinafter set forth in Section 8-3.01 of this code are hereby repealed, added or amended to read as set forth therein.
B. Not less than one copy of said 2022 California Building Code, Title 24 Part 2 of California Code of Regulations together with any and all amendments thereto proposed by the City of City of Maywood, has been and is now filed in the office of the community development department and shall be remain on file with building official, and shall collectively be known as the City of City of Maywood Building Code and may be cited as Section 8-3.01 of the City of City of Maywood Municipal Code. 8-3.02 - Amendments: Article 230 D: Underground service conductors – Installation.
Section 230.30 of the 2022 California Electrical Code is hereby amended by adding additional paragraphs to
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read as follows:
(C) Underground service laterals required for new construction.
All new buildings and structures in the City shall provide underground electrical and communications service laterals on the premises to be served as hereinafter required. This provision shall not apply to utility lines that do not provide service in the area being developed.
(D) Underground utilities for new buildings.
All electrical, telephone, community antenna television system (CATV), and similar service wires or cables which provide direct service to new buildings and structures shall be installed underground in compliance with all applicable building and electrical codes, safety regulations and orders, and the rules of the Public Utilities Commission of the State of California.
(E) Underground utilities for existing buildings.
Existing overhead wires and/or new utility service shall be placed underground when one or more new dwelling units are created in an existing building and one or both of the following apply:
1. The expansion exceeds fifty (50) percent of the existing gross floor area; or
2. The cost of remodeling, expansion or improvement exceeds fifty (50) percent of the value of the existing structure as determined by the building official.
Exception: Undergrounding shall not be required if Southern California Edison deems in writing that such underground installation is infeasible based upon its service requirements or to the unavailability of necessary easements.
(F) Responsibility for compliance.
The developer and owner are jointly and severally responsible for complying with the requirements of this chapter and shall make the necessary arrangements with the utility companies for the installation of such facilities.
(G) Existing underground areas.
On streets where electrical and communications lines have been placed underground or where no overhead lines presently exist on or before July 1, 1977, said lines shall remain permanently underground and no additional electric or communications service facilities shall be added on said streets unless they are placed underground. 8-3.03 - Permits: Applications.
(e) Applications for electrical permits describing the work to be done, shall be made in writing. Where a license is required by the State, a permit shall not be issued unless the applicant has such a license. In the case of an owner, such application shall be for a special owner's permit. (f) Application shall give the location where such work is to be done, either by street and house number, by lot, block, and tract number, or by a similar description that will readily identify and definitely locate the proposed work. A separate application shall be required for each building. (g) Applications for single-family dwellings may include all accessory buildings, such as garages, sheds, guest houses, and the like, that are located on the same lot, erected at the same time, and supplied from the same service as the main building.
(h) Each such application shall be accompanied by drawings or blueprints as required by the Building Official. Applications may be made by a firm, partnership, or corporation, any officer or member of which is a certified electrician. In the event all construction or work is done under the direct personal supervision of such an officer or member.
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8-3.04 - Permits.
(c) No alteration or addition shall be made to any existing wiring, or shall any wiring for the placing or installation of any electric light, power, or heating device, or any apparatus which generates, transmits, transforms, or utilizes electricity, operating at a voltage exceeding twenty-five (25) volts between conductors or capable of supplying more than fifty (50) watts, be made without first obtaining a permit therefor from the Building Official, excepting minor repair work, such as repairing flush and snap switches, replacing fuses, changing lamp sockets and receptacles, taping bare joints, repairing drop cords, and the like.
(d) The application, plan, and specifications filed as required by this chapter shall be checked by the Building Official, and, if found to be in conformity with the requirements of this Code and all other laws or ordinances applicable thereto, the Building Official, upon the receipt of the required fee, shall issue a permit therefor. Every permit issued shall be valid only for the location described on the application therefor.
Every permit issued by the Building Official, under the provisions of this chapter shall expire by limitation and becomes null and void if the building or work authorized by such permit shall not be commenced within hundred and eighty (180) days after the date of such permit or if the building or work authorized by such permit shall be suspended or abandoned at any time after the work is commenced for a period of hundred and eighty (180) days. Before such work can be commenced, a new permit shall be obtained so to do.
8-3.05 - Cancellation of permits.
If no portion of the work or construction covered by a permit issued by the Building Official, under the provisions of this chapter has been commenced, the person to whom such permit has been issued may deliver such permit to the Building Official, with a written request that such permit be cancelled. The Building Official, shall thereupon stamp or write upon the face of such permit the words "Canceled at the Request of the Permittee". Thereupon such permit shall be null and void and of no effect. 8-3.06 - Permission to cover work.
It shall be unlawful for any person to lath over, seal, cover, or conceal any electrical wiring or other electrical equipment, for the installation of which a permit is provided for in this chapter, until such electrical wiring or other electrical equipment shall have been inspected and approved by the Building Official, The Building Official, shall have the power to remove, or to require the removal of, any obstruction which prevents the proper inspection of any electrical equipment. 8-3.07 - Connections.
It shall be unlawful to energize, or cause or permit to be energized, any electrical wiring coming under the provisions of this chapter until such electrical wiring shall have been inspected and approved by the Building Official; provided, however, the Building Official, may give written temporary permission to
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furnish electric current to, or the use of electric current through, any electrical wiring for a length of time not exceeding thirty (30) days if it appears to the Building Official, that such electrical wiring may be used safely for such purposes and that there exists an urgent necessity for such use. 8-3.08 - Right of entry.
Whenever it is necessary to make an inspection to enforce any of the provisions of this chapter, or whenever the Building Official or his authorized representative has reasonable cause to believe that there exists in any building or upon any premises any condition which makes such budding or premises unsafe as defined in Section 102 of the California Building Code, the Building Official or his authorized representative may enter such building or premises at all reasonable times to inspect the same or to perform any duty imposed upon the Building Official by this chapter; provided, however, if such building or premises shall be occupied, he shall first present proper credentials and demand entry, and if such building or premises shall be unoccupied, he shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and demand entry. If such entry is refused, the Building Official or his authorized representative shall have recourse to every remedy provided by law to secure entry.
No owner or occupant or any other person having the charge, care, or control of any building or premises shall fail or neglect, after proper demand is made as provided in this section, to properly permit entry therein by the Building Official or his authorized representative for the purposes of inspection and examination pursuant to the provisions of this chapter. Any person violating the provisions of this section shall be guilty of a misdemeanor.
8-3.09 - Reinspections.
(c) The Building Official is hereby authorized and empowered to make, at such times and as often as in his discretion it may seem necessary, a thorough reinspection of the installation in or on any building, structure, or premises of all electrical wiring, electrical devices, and electrical material now installed or that may hereafter be installed within the City. When the installation of any such wiring device or material is found to be in a dangerous or unsafe condition, the person, firm, corporation, or governmental agency owning, using, or operating the same shall be notified in writing and shall make the necessary repairs or changes required to place such wiring, device, or material in a safe condition and to have such work completed within a period of ten (10) days after such notice, or within such other reasonable period specified by the Building Official in such notice, and shall pay such fees as are required by the provisions of this chapter.
(d) The Building Official is hereby empowered to disconnect, or to order the discontinuance of, electrical service to wiring, devices, or materials found to be defective until the installation of such wiring, devices, or materials has been made safe as directed by the Building Official, and any person, firm, corporation, political subdivision, or governmental agency ordered to discontinue such electrical service shall do so within twenty-four (24) hours after the receipt of such notice and shall not reconnect such service or allow the service to be reconnected until notified so to do by the Building Official.
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8-3.10 - Permit Fees and charges.
Schedule of permit fees. On buildings, structures, electrical, gas, mechanical, and plumbing systems or alterations requiring a permit, a fee for each permit shall be paid as required, in accordance with the schedule as established by the City Council. The fee schedules adopted by the City Council shall apply to fees arising under the building code, except where a different fee has been adopted by resolution of the city council.
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8-3.11 - Plans and specifications.
Plans and specifications, when required, shall be filed with the Building Official, and approved prior to applying for an electrical permit and installing any wiring. When a plan check is required, a plan- check fee as specified by resolution adopted or amended by the City Council may be charged. 8-3.12 - Refunds.
In the event any person shall have obtained a permit, and no portion of the work or construction covered by such permit shall have been commenced, or such permit shall have been canceled without any work having been done, the permittee, upon presentation to the Building Official of a request therefor in writing on a special form, shall be entitled to a refund in an amount equal to eighty (80%) percent of the fee actually paid for such permit. The Building Official shall satisfy himself/herself as to the right of such applicant to such refund, and each such refund shall be paid as provided by law. 8-3.13 - Materials.
(c) New materials. All electrical materials, devices, appliances, and equipment installed or used within the City shall be in conformity with the provisions of this chapter. Conformity with the standards of the Underwriters' Laboratories, Inc., as approved by the American Standards Association or other approved testing laboratory, shall be prima facie evidence of conformity with approved standards for safety to life and property.
(d) Used materials. Previously used materials shall not be reused in any work without written approval obtained in advance from the Building Official.
(c) Nothing contained in this chapter shall be construed to restrict the use of, nor to require any person to reinstall, reconstruct, alter, change, or remove, any electrical wiring or equipment which complied with the laws and regulations of the City in effect before December 9, 1976, unless the same is dangerous, unsafe, or a hazard to life or property. Additional alterations to, and alterations and renewals of, existing installations shall be made in compliance with the provisions of this chapter. (d) In existing residential buildings where repairs are required due to the Building Official, surveys or where repairs to the interior wiring system are necessary due to a fire of an electrical nature, the following rules shall apply:
Chapter 4 - FENCES, WALLS AND HEDGES*
Sections:
8-4.01 - Permits required.
No person shall erect or construct any fence or wall in the City, or cause the same to be done without first obtaining a building permit from the Building Official. No person shall perform repairs valued in excess of Two Hundred and no/100ths ($200.00) Dollars to any fence or wall in the City without first obtaining a building permit for such repairs. (§ 1, Ord. 91-371, eff. February 21, 1991)
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8-4.02 - Construction requirements.
Fences constructed in the City shall comply with the following requirements:
(a) Chain link with metal posts, wood and post and slat fences shall have all supporting posts set a minimum of twenty-four (24″) inches into base soil and in a concrete base of sufficient size to provide a minimum of two (2″) inches of concrete between the post and surrounding earth (beside and below). Chain link fences in residential zones shall have knuckled salvage at the top and bottom. Wood posts so used shall be construction grade redwood or cedar only.
(b) Wrought iron, wood picket, and chain link fences shall have a concrete mow strip installed, centered under fence. The mow strip shall be a minimum of six (6″) inches wide and three and one-half inches (3 ½″) deep and shall be installed in a workmanlike manner.
(c) All fences shall be constructed of a generally recognized fencing material. Chain link and wrought iron are the only recognized metal fencing materials. (d) All solid board or picket fences shall be constructed in a substantial manner and shall be true to line, sheathed on the outside and painted or finished on both sides. Color shall conform to the surrounding neighborhood.
(e) Masonry-type fences and walls up to six (6′) feet in height shall have foundations not less than twelve (12″) inches wide and twelve (12″) inches deep, into firm, undisturbed soil.
Walls in excess of six (6′) feet in height shall be engineered to comply with the Building Code.
(f) Masonry pilasters shall not exceed twenty-four (24″) inches in thickness and shall be spaced not more than ten (10′) feet apart. Footings and foundations for pilasters shall be a minimum of thirty-six (36″) inches deep.
(g) Masonry-type fences and walls up to four (4″) feet in height shall have as vertical reinforcing steel, a minimum of three-eights (⅜″) inch deformed bars, spaced thirty-two (32″) inches maximum on center, with a hook bar eight (8″) inches into the foundation extending within one inch of the top of the fence or wall. (h) Masonry-type fences and walls over four (4′) feet in height shall have as vertical reinforcing steel, a minimum of three-eighths (⅜″) inch deformed bars, spaced thirty-two (32″) inches maximum on center, and shall have a minimum of three-eighths (⅜″) inch horizontal bar under the bottom course of the blocks, one three-eighths (⅜″) inch horizontal bar at mid-height, and one threeeighths (⅜″) inch horizontal bar under the top course of the blocks with all cells of the wall containing reinforcing bars to be solid grouted, one part cement and two and one-half (2 ½) to three (3) parts aggregate.
(§ 1, Ord. 91-371, eff. February 21, 1991)
8-4.03 - Maximum fence and wall height in required side and rear yards.
Fences and walls erected within required side or rear yards of an interior lot or parcel of land, or the side yard along the interior side lot line of a corner or reversed corner lot or parcel of land shall not exceed a height limit of eight (8′) feet except as otherwise required or permitted by this chapter or any other ordinance, statute or law. In residential side yards, solid fences and walls shall not exceed a height limit of six (6′) feet. Fences and walls erected within a required rear or side yard on the street side of a corner or reversed corner lot or parcel of land shall not exceed a height limit of six (6′) feet.
Fences constructed in the side and rear yards of public and private schools (not including preschools) shall be permitted to be constructed up to the height limits set forth in Section 8-4.04. (§ 1, Ord. 91-371, eff. February 21, 1991, as amended by § 1, Ord. 05-508, eff. October 25, 2005, and § 1, Ord. 05-510, eff. December 13, 2006)
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8-4.04 - Maximum fence and wall height in required front yards. (a) Residential fences. Except as otherwise permitted in this chapter, fences within any required front yard in any residential zone shall not exceed the following height limits:
(1) Chain link fences, and other types of permitted fences not specifically enumerated herein shall not exceed a height limit of forty-eight (48″) inches or a height limit of ninety-six (96″) inches surrounding any public or private school (not including preschools) and its grounds.
(2) Fences made of wrought iron only, with no brick or other pilasters, shall not exceed a height limit of forty-eight (48″) inches or a height limit of ninety-six (96″) inches surrounding any public or private school (not including preschools) and its grounds. (3) Fences with brick, stone or other approved pilasters may be constructed so that the pilasters are no higher than forty-eight (48″) inches and so that the wrought iron does not exceed a height limit of sixty-six (66″) inches or a height limit of ninety (90″) inches surrounding any public or private school (not including preschools) and its grounds.
No fence shall be constructed in any residential zone until the property owner or his or her designee has first submitted to, and received approval from, the Building and Planning Department of a plot plan showing the design, height, spacing and placement of the proposed fence. (b) Commercial fences. In Commercial Zone the fencing material and height will be as determined by the Building Official, not to exceed the provisions for industrial fences set forth below. (c) Industrial fences. In Manufacturing Zones, chain link fences and open ornamental iron fences in a required front yard shall not exceed eight (8′) feet in height. Solid fences in a required front yard shall not exceed six (6′) feet in height.
(d) Existing fences. Fences constructed prior to the adoption of the 1989 amendment to subsection (a) of Section 88.02.4 of the Maywood Zoning Ordinance, which were constructed under permit and became nonconforming by reason of said amendment shall not be subject to the provisions of Section 106.02, subsection 3 (Termination By Operation of Law) of the Zoning Ordinance.
(§ 1, Ord. 91-371, eff. February 21, 1991, as amended by § 1, Ord. 05-508, eff. October 25, 2005, and § 1, Ord. 05-510, eff. December 13, 2006)
8-4.05 - Hedges.
All height restrictions applying to fences or walls shall also apply to hedges planted within required yards and forming a barrier serving the same purpose as a fence or wall. (§ 1, Ord. 91-371, eff. February 21, 1991)
8-4.06 - Barriers to separate an area from a street or highway.
A barrier wall not to exceed six (6′) feet in height, serving to separate an area including several lots or parcels of land from the adjoining street or highway, may be established within five (5′) feet of a street or highway provided said wall is approved by the Planning Commission and is erected in accordance with the provisions of Chapter 5120 (Site Plan Review) of the Maywood Zoning Ordinance. (§ 1, Ord. 91-371, eff. February 21, 1991)
8-4.07 - Permitted openings in required walls.
Where a solid masonry wall is required by this chapter, openings not greater than twenty (20′) feet are permitted for ingress and egress.
(§ 1, Ord. 91-371, eff. February 21, 1991)
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8-4.08 - Barbed wire.
Barbed wire and razor ribbon are the only sharp materials permitted. Fences having barbed wire or razor ribbon on the top shall be permitted only in the manufacturing zones and only where the barbed wire or razor top is not less than eight (8′) feet above the grade level. Fences topped with such material may be constructed and maintained in the commercial zones after a conditional use permit is obtained from the Planning Commission. Such fences shall be prohibited in any area zoned for residential use.
(§ 1, Ord. 91-371, eff. February 21, 1991) 8-4.09 - Setback spaces.
All fences extending into setback spaces at right angles or parallel with any street in the City shall not exceed three (3′) feet in height and shall be of an ornamental type, true to line, and constructed in a substantial manner; provided, however, any ornamental open wire fence shall be constructed with steel or iron posts not exceeding two (2″) inches in diameter and may be four (4′) feet high within the setback space. It shall be unlawful to permit vines or other growth upon such wire fences. (§ 1, Ord. 91-371, eff. February 21, 1991)
8-4.10 - Exceptions to provisions.
The provisions of this chapter shall not apply to fences constructed on the property of schools or churches (not including preschools in residential areas) in use as a playground or which may be used solely for playground purposes; provided, however, any fence constructed on such playground in excess of the height limit of fences permitted by this section of this chapter shall be constructed of ornamental open wire with steel parts not less than two (2″) inches in diameter, and it shall be unlawful to permit vines or other growth upon such fences. (§ 1, Ord. 91-371, eff. February 21, 1991)
Chapter 5 - FIRE ZONES
(Sections 8-5.01 through 8-5.06, codified from Ordinance No. 586, as amended by Ordinance Nos. 66-14, effective August 11. 1966 and 75-125, effective July 10, 1975, repealed by Ordinance No. 89-360, effective October 26, 1989)
Chapter 6 - PLUMBING CODE*
Sections:
8-6.01 - Adoption of the Plumbing Code.
There is hereby adopted, by reference, as the Plumbing Code of the City, except as specified in this chapter, Ordinance No. 2013-0050 of the County of Los Angeles, which amends the County Code, Title 28— Plumbing Code, to adopt by reference the 2013 Edition of the California Plumbing Code and 2012 Edition of the Uniform Plumbing Code and make technical and editorial changes. Said Ordinance No. 2013-0050 was adopted November 26, 2013 by the County Board of Supervisors, and shall be known as the Plumbing Code of the City and may be cited as such.
One (1) copy of Title 28 (Plumbing Code) of the Los Angeles County Code has been filed in the office of the City Clerk and at all times shall be maintained in said office for the use and examination of the public.
(Ord. No. 11-02 , § 6, 1-11-2011; Ord. No. 11-05 , § 5, 2-14-2011; Ord. No. 14-07 , § 5, 10-8-2014) Editor's note— Ord. No. 11-02 , § 6, adopted January 11, 2011, repealed the former § 8-6.01, and enacted a new § 8-6.01. The former § 8-6.01 pertained to similar subject matter and derived from Ord. 98-451, effective March 12, 1998.
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8-6.02 - Amendments: Section 106.5: Fees.
(a) Section 106.5.2. Permit Fees. Fees shall conform to the latest adopted City of Maywood Comprehensive Fee Schedule.
(b) Section 301.3 of said Plumbing Code is further amended by adding the following to, and in addition to, the existing verbage of Section 301.3:
For the purposes of this section, a sanitary plumbing outlet on or to which a plumbing fixture or appliance may be set or attached shall be construed to be a plumbing fixture. Fee for reconnecting and retesting existing plumbing systems in relocated buildings shall be based on the number of plumbing fixtures, gas systems, water heaters, etc., involved.
When interceptor traps or house trailer site traps are installed at the same time as a building sewer on any lot, no sewer permit shall be required for the connection of any such trap to an appropriate inlet fitting provided in the building sewer by the permittee constructing such sewer.
When a permit has been obtained to connect an existing building or existing work to the public sewer or to connect to a new private disposal facility, the backfilling of the private sewage disposal facilities abandoned consequent to such connection shall be included in the building sewer permit.
(Ord. 98-451, eff. March 12, 1998)
8-6.02.1 - Amendments: Section 106.5: Fees.
Section 106.5.2 of said Plumbing Code is amended to read as follows:
Sec. 106.5.2a Plan Review Fees. When a plan or other data is required to be submitted by 106, a plan review fee shall be paid at the time of submitting plans and specification for review. The plan review fees for plumbing work shall be equal to forty (40%) percent of the total permit fee as established in resolution adopted, amended or changed by City Council. When plans are incomplete or changed so as to require additional review, a fee shall be charged at the rate established in resolution adopted, amended or changed by the City Council. (Ord. 98-451, eff. March 12, 1998)
8-6.03 - Amendments: Section 911: Plumbing Fixtures Required.
Section 602.2.1 is hereby added to said Plumbing Code to read as follows:
Sec. 602.2. 1. Plumbing fixtures required. (a) Every place of business handling food or drink for human consumption shall have not and cold water to every wash basin, sink, slop sink, dishwasher, or any fixture used for cleaning purposes.
(b) Every cafe and restaurant shall have a two-compartment sink. Every place of business selling beer, wine, or liquor to be consumed on the premises shall provide for public use a water closet and basin for women and a water closet, basin and urinal for men. (c) Every building, structure or improvement or any part thereof, whether residential, commercial, industrial, or otherwise, which is designed, equipped, or proposed to be used for the storing, sheltering, use, or processing of food or foodstuffs of any kind which are to be consumed or processed on the premises, or which, in the normal operation of such storing, sheltering, use, consumption, or processing, may result in waste necessary to be disposed of as garbage or unsalable waste material, shall be equipped in every residential unit thereof and in every unit thereof designed or intended to be separately rented, leased or occupied for any such purpose or operation, with an approved type garbage grinder, readily accessible and properly connected to the sewer drain, which grinder and connections shall be of sufficient size and number to grind all such garbage and waste materials likely to be produced or accumulated in such building. Such garbage grinders shall be so located as to readily and efficiently discharge all such garbage and waste material into the City's sewer line by flushing it with waste through the drain pipes
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connected with such sewer line.
(d) In operating any business in any building, structure or improvement where packaged or canned food is stored but not opened, processed, or used, or put into or taken from the package or can on the premises, a garbage grinder shall not be required. (e) No new construction shall be commenced and no permit shall be issued unless provisions are made for an approved type food waste disposal unit in each kitchen in such new construction.
(f) No remodeling or alteration shall be commenced, and no permit shall be issued unless provisions are made for an approved type food waste disposal unit in each kitchen of such remodeled or altered structure when any part of the waste system of such structure is changed, improved, or included in any way in the remodeling or alteration.
(g) No Certificate of Occupancy shall be issued for any new or altered construction unless food waste disposal has been installed and are inoperable in every kitchen of such construction.
(h) The requirements and provisions set forth in this section shall apply to all new or remodeled residential units, multiple units, retail stores, clubs, hotels, restaurants, cafes, and other establishments which process or store food for human consumption and to new tenancies and new usages in existing commercial and industrial type buildings. (Ord. 98-451, eff. March 12, 1998)
8-6.04 - City deemed included in unincorporated area of County.
Whenever in the Plumbing Code, reference is made to the unincorporated area of the County of Los Angeles, such area shall be deemed to include in its true geographical location the area of the City. (Ord. No. 11-02 , § 6, 1-11-2011; Ord. No. 11-05 , § 5, 2-14-2011; Ord. No. 14-07 , § 5, 10-8-2014) Editor's note— Ord. No. 11-02 , § 6, adopted January 11, 2011, repealed the former § 8-6.04, and enacted a new § 8-6.04. The former § 8-6.04 pertained to similar subject matter and derived from Ord. 98-451, effective March 12, 1998.
8-6.05 - Violations: Penalties.
Any person violating any provision of this chapter or of said Plumbing Code shall be guilty of a misdemeanor. The conviction of any such offense shall be the cause for the immediate suspension or revocation of any permit, license, or certificate of qualification or registration issued to the person so convicted.
(Ord. No. 11-02 , § 6, 1-11-2011; Ord. No. 11-05 , § 5, 2-14-2011; Ord. No. 14-07 , § 5, 10-8-2014) 8-6.01 - California Plumbing Code adopted by reference.
A. Division I Sections 1.2.0 through 1.14.0 of Chapter 1, Chapters 2 through 17 and Appendices A, B, D, H, I and J of 2022 California Plumbing Code, Title 24 Part 5 of California Code of Regulations, as published by the California Building Standards Commission are hereby adopted by reference pursuant to the provisions of Sections 50022.1 through 50022.10 of the Government Code of the State of California as though fully set forth herein, and made a part of the City of City of Maywood Municipal Code with the same force and effect as though set out herein in full, including all of the regulations, revisions, conditions and terms contained therein.
B. Not less than one copy of said of 2022 California Plumbing Code, Title 24 Part 5 of California Code of Regulations together with any and all amendments thereto proposed by the City of City of Maywood, has been and is now filed in the office of the community development department and shall be remain on file with building official, and shall collectively be known as the City of City of Maywood Plumbing Code and may be cited as Section 8-6.01 of the City of City of Maywood Municipal Code.
8-6.02 - Amendments: Section 106.5: 104.5 Fees.
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Schedule of permit fees. On buildings, structures, electrical, gas, mechanical, and plumbing systems or alterations requiring a permit, a fee for each permit shall be paid as required, in accordance with the schedule as established by the City Council. The fee schedules adopted by the City Council shall apply to fees arising under the building code, except where a different fee has been adopted by resolution of the city council. 8-6.03 - Amendments: Section 106.5: Fees.
Section 106.5.2 of said Plumbing Code is amended to read as follows:
Sec. 106.5.2a Plan Review Fees. When a plan or other data is required to be submitted by 106 104.1, a plan review fee shall be paid at the time of submitting plans and specification for review. The plan review fees for plumbing work shall be established in resolution adopted, amended or changed by City Council. When plans are incomplete or changed to require additional review, a fee shall be charged at the rate established in resolution adopted, amended or changed by the City Council.
Chapter 7 - SETBACK LINES
Sections:
Article 1. - Procedure
8-7.101 - Definition.
"Building", as used in this article, shall include porches and all other enclosed projections from the main exterior walls of a structure.
(§ VI, Ord. 105)
8-7.102 - Authority.
Whenever the public peace, health, safety, comfort, convenience, interest, or welfare may require, the Council is hereby authorized and empowered, pursuant to the provisions of this article, to determine the minimum distance from the street line for the erection of buildings or structures along any portion of any street, public way, or place in the City and to order the establishment of lines to be known and designated as setback lines.
(§ II, Ord. 105)
8-7.103 - Initiation of proceedings.
The procedure for the establishment of setback lines may be initiated on motion of the Council or by a petition filed with the Council. Such petition shall designate the street, or portion of street, along which such lines are sought to be established and shall be accompanied by a map or sketch showing the street and lot lines, the proposed setback lines, and the distance thereof for the regularly established property line.
(§ I, Ord. 105)
8-7.104 - Withholding of building permits.
Following the initiation of proceedings to establish setback lines and prior to the time the ordinance establishing setback lines becomes effective, no building permit shall be issued for the erection of any building or structure between any proposed setback line and the street line, and any permit so issued shall be void. (§ IV, Ord. 105)
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8-7.105 - Specific plans.
Before ordering the establishment of any setback line, the Council shall refer the matter to the Planning Commission for the preparation of a specific plan in accordance with the provisions of Sections 65450 et seq. of the Government Code of the State (Planning and Zoning Law of 1965). The Planning Commission shall proceed as provided in said Government Code and the provisions of this section.
When the report of the Planning Commission has been submitted to the Council, the Council shall proceed, as provided in Section 65503 of said Government Code, to establish setback lines. Changes in such a specific plan shall be governed by the provisions of Sections 65504 through 65506 of said Government Code.
(§ III, Ord. 105, as amended by § 1, Ord. 465, and § 2, Ord. 465) 8-7.106 - Filing of protests.
At any time not later than the hour set for hearing objections and protests to the establishment of proposed setback lines, written protests or objections against the establishment of such setback lines may be filed. Such protests shall be in writing and shall be delivered to the Council not later than the hour set for the hearing, and no other protests or objections shall be considered.(§ V, Ord. 105) 8-7.107 - Council hearing.
All protestants may appear before the Council at such hearing, either in person or by counsel, and be heard in support of their protests or objections. At the time set for the hearing, or at any time to which such hearing may be continued, the Council shall proceed to hear and pass upon all protests or objections so made.
(§ V, Ord. 105)
8-7.108 - Council hearing: Decision.
The decision of the Council shall be final and conclusive. The Council shall have the power and jurisdiction to sustain any protest or objection and abandon such proceedings, or to deny any and all protests or objections and order by ordinance the establishment of such setback lines as described in the resolution of intention, or to order such setback lines established with such changes or modifications as the Council may deem proper.
(§ V, Ord. 105)
8-7.109 - Prohibited construction: Exceptions.
Except as otherwise provided in this section and in Sections 8-7.110 through 8-7.117 of this article, it shall be unlawful for any person to construct any building, wall, fence, or other structure within the space between the street line and the setback line so established, and no building permit shall he issued for any building or structure within such space; provided, however:
(a) Cornices, canopies, eaves, and other architectural features may extend into setback spaces for a distance not to exceed two (2′) feet;
(b) Fire escapes may extend into setback spaces for a distance not to exceed two (2′) feet; (c) Landing places may extend into setback spaces to a distance of two (2′) feet, measured from the setback line, provided such landing place or porch shall have its floor no higher than the entrance floor of the building. An openwork railing no higher than thirty (30″) inches may be placed around such landing place but not around the stairway leading thereto. Where there is a ten (10′) foot setback line, the porch or landing place may
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extend a distance of six (6′) feet into the setback space; and (d) An openwork ornamental lawn fence or hedge not to exceed three (3′) feet in height may extend for any distance into such setback space.
(§ VI, Ord. 105)
8-7.110 - Conditional setback exceptions: Authorized.
The Council may, by resolution and upon such terms and conditions as it shall deem proper, permit the erection, alteration, reconstruction, or enlargement of any building, structure, or other improvement between the street line and any regularly established setback line in any case where:
(a) Special circumstances exist which require an exception to the setback requirements to prevent an undue burden or hardship on the property owner affected thereby; (b) An exception or special permit is necessary for the preservation of a substantial property right of the owner;
(c) The granting of such exception or special permit will not be materially detrimental to the public welfare or injurious to other property or improvements to which such regularly established setback line is applicable; and
(d) Where the applicant is willing and able to carry out the purposes for which the conditional exceptions are sought and agrees to the conditions imposed. (§ VIII, Ord. 105, as added by § 1, Ord. 530)
8-7.111 - Conditional setback exceptions: Initiation.
The Planning Commission upon its own motion, upon a written request of the Council, or upon receipt of a petition prepared in accordance with Section 8-7.112 of this article may recommend to the Council that conditional setback exceptions be granted. (§ VIII (A), Ord. 105, as added by § 1, Ord. 530)
8-7.112 - Conditional setback exceptions: Petition: Form.
Petitions for conditional setback exceptions shall be made on forms prepared by the Planning Commission and shall, regardless of other matter, state fully the grounds for such conditional exceptions and all facts relied upon to show why the provisions of this article should not be strictly interpreted and enforced relative to the property or particular use involved. Such petitions shall be accompanied by plans, profiles, specifications, or other pertinent matter which the Commission may request and shall also show the following:
(a) That there are exceptional or extraordinary circumstances or conditions applicable to the land, buildings, or premises involved, or to the intended use of the same, that do not apply generally to the property or class of uses in the same district; (b) That such conditional exceptions are necessary for the preservation and enjoyment of substantial property rights; and
(c) That the applicant is willing and able to carry out the purposes for which the conditional exceptions are sought and that he will proceed to do so without unnecessary delay. (§ VIII (B), Ord. 105, as added by § 1, Ord. 530)
8-7.113 - Conditional setback exceptions: Planning Commission hearing.
Before a conditional exception may be granted by the Council and before the Planning Commission may recommend such conditional exception, the Commission shall hold a public hearing relative to the proposed conditional exception. Notice of the time and place of such hearing shall be given by
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publication pursuant to the provisions of Section 6061 of the Government Code of the State in the City or County at least ten (10) days before the hearing and by such other means as the Commission deems necessary. The recommendation of the Commission concerning such conditional setback exception shall be by resolution of the Commission carried by the affirmative votes of not less than a majority of its total voting members.
(§ VIII (C), Ord. 105, as added by § 1, Ord. 530)
8-7.114 - Conditional setback exceptions: Denial or granting.
After the Planning Commission holds the hearing to consider an application for a conditional setback exception, it shall, within sixty (60) days after such hearing, or any continuance thereof, either deny the exception without further action and notify the applicant or grant the exception subject to the conditions imposed by the Planning Commission. In the event the Planning Commission fails to act within sixty (60) days after such hearing or continuance, the application shall be deemed denied, and the applicant shall have the right of appeal as set forth in Section 8-7.115 of this article. (§ VIII (D), Ord. 105, as added by § 1, Ord. 530, as amended by § 1, Ord. 535) 8-7.115 - Conditional setback exceptions: Denial or granting: Council hearing: Appeals.
In the event the Planning Commission has recommended approval of a setback exception, the Council, after receipt of such recommendation, may, by resolution, adopt the recommendation of the Planning Commission without further hearings, or, in the event the Council wishes to impose conditions different from those specified by the Planning Commission, the Council may set the matter for public hearing, giving the same notice as required for the hearing before the Planning Commission.
After such hearing it may deny or grant such exception, subject to such conditions as it deems necessary in the public interest.
In the event the Planning Commission has denied the setback exception, no further action need be taken by the Council unless the applicant appeals the Planning Commission decision within thirty (30) days after he has received notice thereof. Any person whose application for a conditional setback exception has been denied by the Planning Commission shall have the right of appeal and hearing before the Council in the same manner as set forth in Chapter 3 of Title 9 of this Code. (§ VIII (E), Ord. 105, as added by § 1, Ord. 530, as amended by § 1, Ord. 35) 8-7.116 - Conditional setback exceptions: Conditions.
The Council may prescribe the terms and conditions upon which a conditional setback exception may be granted, may set a time limit for the duration of such conditional exception, and may require guarantees in such form as it may deem proper under the circumstances to insure that the purposes for which such exception is granted will be fulfilled and that the conditions of the exception will be met.
(§ VIII (F), Ord. 105, as added by § 1, Ord. 530)
8-7.117 - Conditional setback exceptions: Revocation.
The Council may revoke any conditional setback exception, the purpose of which has not been accomplished within a period of six (6) months from the date it was granted. (§ VIII (F), Ord. 105, as added by § 1, Ord. 530)
8-7.118 - Violations of provisions.
Any person violating any of the provisions of this article or of any ordinance establishing any setback line pursuant to the provisions of this article shall be guilty of a misdemeanor. The conditions upon which
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any conditional setback exception is granted shall be subject to the enforcement provisions and penalties for violations as are provided by this Code.
(§ VII, Ord. 105, and § VIII (G), Ord. 105, as added by § 1, Ord. 530) Article 2. - Map
8-7.201 - Continuance of existing ordinances.
The following ordinances of the City relating to establishing setback lines are hereby continued in effect until hereafter superseded or repealed by proper authority:
Ordinance
Number
Title of Ordinance Date
Passed
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108 An Ordinance of the City of Maywood Establishing Setback Lines from 6-10- the Street Line for the Erection of Buildings or Structures along Any Portion of Any Street, Public Highway, or Place in the City of Maywood, 29 Prohibiting the Erection and Construction of Buildings and Structures between Said Lines and the Street Line, Repealing Certain Ordinances, and Providing for the Penalty for the Violation Thereof 119 An Ordinance of the City of Maywood Amending Ordinance No. 108, "An 1-28- Ordinance of the City of Maywood Establishing Setback Lines from the Street Line for the Erection of Buildings or Structures along Any Portion 30 of Any Street, Public Highway, or Place in the City of Maywood, Prohibiting the Erection and Construction of Buildings and Structures between Said Lines and the Street Line, Repealing Certain Ordinances, and Providing for the Penalty for the Violations Thereof" by Amending Section 22 Thereof
122 An Ordinance of the City of Maywood Amending Ordinance No. 108, "An 2-25- Ordinance of the City of Maywood Establishing Setback Lines from the 30 Street Line for the Erection of Buildings or Structures along Any Portion of Any Street, Public Highway, or Place in the City of Maywood, Prohibiting the Erection or Construction of Buildings and Structures between Said Lines and Street Line, Repealing Certain Ordinances, and Providing for the Penalty for the Violation Thereof" by Amending Section 102 Thereof
128 An Ordinance of the City of Maywood Amending Ordinance No. 108, "An 4-22- Ordinance of the City of Maywood Establishing Setback Lines from the 30 Street Line for the Erection of Buildings or Structures along Any Portion of Any Street, Public Highway, or Place in the City of Maywood, Prohibiting the Erection or Construction of Buildings and Structures between Said Lines and the Street Line, Repealing Certain Ordinances, and Providing for the Penalty for the Violation Thereof" by Amending Sections 62 and 63 Thereof
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144 An Ordinance of the City of Maywood Repealing Sections 113 and 114 of 11-9- Ordinance No. 108 Entitled "An Ordinance of the City of Maywood Establishing Setback Lines from the Street Line for the Erection of 30 Buildings or Structures along Any Portion of Any Street, Public Highway, or Place in the City of Maywood, Prohibiting the Erection and Construction of Buildings and Structures between Said Lines and the Street Line, Repealing Certain Ordinances, and Providing for a Penalty for the Violation Thereof"
159 An Ordinance of the City of Maywood Amending Ordinance No. 108 10-31- Entitled "An Ordinance of the City of Maywood Establishing Setback Lines from the Street Lines for the Erection of Buildings or Structures 31 along Any Portion of Ally Street, Public Highway, or Place in the City of Maywood, Prohibiting the Erection of Buildings and Structures between Said Lines and Street Lines, Repealing Certain Ordinances, and Providing for Penalties for the Violation Thereof"
183 An Ordinance of the City of Maywood Repealing Section 105 of 7-25- Ordinance No. 108 Entitled "An Ordinance of the City of Maywood Establishing Setback Lines from the Street Lines for the Erection of 33 Buildings or Structures along Any Portion of Any Street, Public Highway, or Place in the City of Maywood, Prohibiting the Erection or Construction of Buildings and Structures between Said Lines and Street Lines, Repealing Certain Ordinances, and Providing for Penalties for the Violation Thereof"
185 An Ordinance of the City of Maywood Amending Section 103 of 7-11- Ordinance No. 108 Entitled "An Ordinance of the City of Maywood Establishing Setback Lines from the Street Lines for the Erection of 33 Buildings or Structures along Any Portion of Any Street, Public Highway, or Place in the City of Maywood, Prohibiting the Erection of Buildings and Structures between Said Lines and Street Lines, Repealing Certain Ordinances, and Providing for Penalties for the Violation Thereof"
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226 An Ordinance of the City of Maywood Amending Section 7 of Ordinance 1-26- No. 108 Entitled "An Ordinance of the City of Maywood Establishing Setback Lines from the Street Lines for the Erection of Buildings or 37 Structures along Any Portion of Any Street, Public Highway, or Place in the City of Maywood, Prohibiting the Erection of Buildings and Structures between Said Lines and the Street Lines, Repealing Certain Ordinances, and Providing for Penalties for the Violation Thereof" 250 An Ordinance of the City of Maywood Amending Section 25 of 3-28- Ordinance No. 108 Entitled "An Ordinance of the City of Maywood 39 Establishing Setback Lines from the Street Lines for the Erection of Buildings or Structures along Any Portion of Any Street, Public Highway, or Place in the City of Maywood, Prohibiting the Erection and Construction of Buildings and Structures between Said Lines and the Street Lines, Repealing Certain Ordinances, and Providing for Penalties for the Violation Thereof"
258 An Ordinance of the City of Maywood Amending Sections 8 and 9 of 10-10- Ordinance No. 108 Entitled "An Ordinance of the City of Maywood Establishing Setback Lines from the Street Line for the Erection of 39 Buildings or Structures along Any Portion of Any Street, Public Highway, or Place in the City of Maywood, Prohibiting the Erection and Construction of Buildings and Structures between Said Lines and the Street Line, Repealing Certain Ordinances, and Providing for the Penalty for the Violation Thereof"
264 An Ordinance of the City Council of the City of Maywood Ordering the 6-11- Establishment of Setback Lines on Certain Streets and Parts of Streets within the District Recently Annexed to the City of Maywood and 40 Commonly Known and Referred to as the West Maywood Addition
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281 An Ordinance of the City of Maywood Adding a New Section to Be 9-10- Numbered 53A to an Ordinance Entitled "An Ordinance of the City of Maywood Establishing Setback Lines from the Street Line for the 41 Erection of Buildings or Structures along Any Portion of Any Street, Public Highway, or Place in the City of Maywood, Prohibiting the Erection and Construction of Buildings and Structures between Said Lines and the Street Line, Repealing Certain Ordinances, and Providing for the Penalty for the Violation Thereof", Providing for the Establishment of a Setback Line
308 An Ordinance of the City Council of the City of Maywood Adding a New 10-10- Section to Be Numbered 127 to Ordinance No. 108 Entitled "An 44 Ordinance of the City of Maywood Establishing Setback Lines from the Street Line for the Erection of Buildings or Structures along Any Portion of Any Street, Public Highway, or Place in the City of Maywood, Prohibiting the Erection and Construction of Buildings and Structures between Said Lines and the Street Line, Repealing Certain Ordinances, and Providing for the Penalty for the Violation Thereof"; Providing for the Establishment of a Setback Line
339 An Ordinance of the City of Maywood Amending Section 24 of 6-24- Ordinance No. 108 Entitled "An Ordinance of the City of Maywood 47 Establishing Setback Lines from the Street Line for the Erection of Buildings or Structures along Any Portion of Any Street, Public Highway, or Place in the City of Maywood, Prohibiting the Erection and Construction of Buildings and Structures between Said Lines and the Street Line, Repealing Certain Ordinances, and Providing for the Penalty for the Violation Thereof"
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348 An Ordinance of the City of Maywood Amending Section 66 of 6-22- Ordinance No. 108 Entitled "An Ordinance of the City of Maywood Establishing Setback Lines from the Street Line for the Erection of 48 Buildings or Structures along any Portion of Any Street, Public Highway, or Place in the City of Maywood, Prohibiting the Erection and Construction of Buildings and Structures between Said Lines and the Street Line, Repealing Certain Ordinances, and Providing for the Penalty for the Violation Thereof"
361 An Ordinance of the City of Maywood Amending Section 39 of 6-28- Ordinance No. 108 Entitled "An Ordinance of the City of Maywood Establishing Setback Lines from the Street Line for the Erection of 49 Buildings or Structures along Any Portion of Any Street, Public Highway, or Place in the City of Maywood, Prohibiting the Erection and Construction of Buildings and Structures between Said Lines and the Street Line, Repealing Certain Ordinances, and Providing for the Penalty for the Violation Thereof"
367 An Ordinance of the City of Maywood Amending Section 43 of 1-24- Ordinance No. 108 Entitled "An Ordinance of the City of Maywood 50 Establishing Setback Lines from the Street Line for the Erection of Buildings or Structures along Any Portion of Any Street, Public Highway, or Place in the City of Maywood, Prohibiting the Erection and Construction of Buildings and Structures between Said Lines and the Street Line, Repealing Certain Ordinances, and Providing for the Penalty for the Violation Thereof"
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385 An Ordinance of the City of Maywood Amending Sections 36 and 52 of 1-9-51 Ordinance No. 108 Entitled "An Ordinance of the City of Maywood Establishing Setback Lines from the Street Line for the Erection of Buildings or Structures Along Any Portion of Any Street, Public Highway, or Place in the City of Maywood, Prohibiting the Erection and Construction of Buildings and Structures between Said Lines and the Street Line, Repealing Certain Ordinances, and Providing for the Penalty for the Violation Thereof"
401 An Ordinance of the City of Maywood Adding Section 2 to Ordinance 4-8-52 No. 264 Entitled "An Ordinance of the City Council of the City of Maywood Ordering the Establishment of Setback Lines on Certain Streets and Parts of Streets within the District Recently Annexed to the City of Maywood and Community Known and Referred to as the West Maywood Addition"
403 An Ordinance of the City of Maywood Amending Section 24 of 5-27- Ordinance No. 108 Entitled "An Ordinance of the City of Maywood 52 Establishing Setback Lines from the Street Line for the Erection of Buildings or Structures along Any Portion of Any Street, Public Highway, or Place in the City of Maywood, Prohibiting the Erection and Construction of Buildings and Structures between Said Lines and the Street Line, Repealing Certain Ordinances, and Providing for the Penalty for the Violation Thereof"
405 An Ordinance of the City of Maywood Amending Section 14 of 9-23- Ordinance No. 108 Entitled "An Ordinance of the City of Maywood 52 Establishing Setback Lines from the Street Line for the Erection of Buildings or Structures along Any Portion of Any Street, Public Highway, or Place in the City of Maywood, Prohibiting the Erection and Construction of Buildings and Structures between Said Lines and the Street Line, Repealing Certain Ordinances, and Providing for the Penalty for the Violation Thereof" as Amended
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414 An Ordinance of the City of Maywood Amending Section 52 of 4-14- Ordinance No. 108 Entitled "An Ordinance of the City of Maywood Establishing Setback Lines from the Street Line for the Erection of 53 Buildings or Structures along Any Portion of Any Street, Public Highway, or Place in the City of Maywood, Prohibiting the Erection and Construction of Buildings and Structures between Said Lines and the Street Line, Repealing Certain Ordinances, and Providing for the Penalty for the Violation Thereof" As Amended
415 An Ordinance of the City of Maywood Amending Section 38 of 5-12- Ordinance No. 108 Entitled "An Ordinance of the City of Maywood Establishing Setback Lines from the Street Line for the Erection of 53 Buildings or Structures along Any Portion of Any Street, Public Highway, or Place in the City of Maywood, Prohibiting the Erection and Construction of Buildings and Structures between Said Lines and the Street Line, Repealing Certain Ordinances, and Providing for the Penalty for the Violation Thereof" as Amended
424 An Ordinance of the City of Maywood Amending Section 8 of Ordinance 11-24- No. 108 Entitled "An Ordinance of the City of Maywood Establishing 53 Setback Lines from the Street Line for the Erection of Buildings or Structures along Any Portion of Any Street, Public Highway, or Place in the City of Maywood, Prohibiting the Erection and Construction of Buildings and Structures between Said Lines and the Street Line, Repealing Certain Ordinances, and Providing for the Penalty for the Violation Thereof" as Amended by Ordinance No. 258
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430 An Ordinance of the City of Maywood Amending Section 24 of 6-22- Ordinance No. 108 Entitled "An Ordinance of the City of Maywood Establishing Setback Lines from the Street Line for the Erection of 54 Buildings or Structures along Any Portion of any Street, Public Highway, or Place in the City of Maywood, Prohibiting the Erection and Construction of Buildings and Structures between Said Lines and the Street Line, Repealing Certain Ordinances, and Providing for the Penalty for the Violation Thereof" as Amended by Ordinance No. 403, Adopted on the 27th Day of May, 1952
455 An Ordinance of the City of Maywood Adding Section 3 to Ordinance 12-11- No. 264 Entitled "An Ordinance of the City Council of the City of 56 Maywood Ordering the Establishment of Setback Lines on Certain Streets and Parts of Streets within the District Recently Annexed to the City of Maywood and Community Known and Referred to as the West Maywood Addition"
469 An Ordinance Amending Ordinance No. 108 of the City of Maywood 3-11- Entitled "An Ordinance of the City of Maywood Establishing Setback Lines from the Street Line for the Erection of Buildings or Structures 58 along Any Portion of Any Street, Public Highway, or Place in the City of Maywood, Prohibiting the Erection and Construction of Buildings and Structures between Said Lines and the Street Line, Repealing Certain Ordinances, and Providing for the Penalty for the Violation Thereof" as Amended, by Adding Thereto Sections Nos. 26.1, 31.1, 35.1, 36.1, 37.1,
38.1, 39.1, 40.1, 41.1, 42.1, 87.1, 91.1, 104.1, 105.1, 127, and 128
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479 An Ordinance Amending Ordinance No. 108 of the City of Maywood 2-24- Entitled "An Ordinance of the City of Maywood Establishing Setback Lines from the Street Line for the Erection of Buildings or Structures 59 along Any Portion of Any Street, Public Highway, or Place in the City of Maywood, Prohibiting the Erection and Construction of Buildings and Structures between Said Lines and the Street Line, Repealing Certain Ordinances, and Providing for the Penalty for the Violation Thereof" as Amended, by Amending Section 37.1 of Said Ordinance 108, as Amended
486 An Ordinance of the City Council of the City of Maywood Amending 6-23- Ordinance No. 108 of the City of Maywood Entitled "An Ordinance of the 59 City of Maywood Establishing Setback Lines from the Street Line for the Erection of Buildings or Structures along Any Portion of Any Street, Public Highway, or Place in the City of Maywood, Prohibiting the Erection and Construction of Buildings and Structures between Said Lines and the Street Line, Repealing Certain Ordinances, and Providing for the Penalty for the Violation Thereof" as Amended, by Amending Section 117 of Said Ordinance 108, as Amended
489 An Ordinance of the City Council of the City of Maywood Amending 8-11- Ordinance No. 108 of the City of Maywood Entitled "An Ordinance of the 59 City of Maywood Establishing Setback Lines from the Street Line for the Erection of Buildings or Structures along Any Portion of Any Street, Public Highway, or Place in the City of Maywood Prohibiting the Erection and Construction of Buildings and Structures between Said Lines and the Street Line, Repealing Certain Ordinances, and Providing for the Penalty for the Violation Thereof" as Amended, by Amending Section 66 of Said Ordinance No. 108, as Amended
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490 An Ordinance of the City Council of the City of Maywood Amending 8-25- Ordinance No. 108 of the City of Maywood Entitled "An Ordinance of the City of Maywood Establishing Setback Lines from the Street Line for the 59 Erection of Buildings or Structures along Any Portion of Any Street, Public Highway, or Place in the City of Maywood, Prohibiting the Erection and Construction of Buildings and Structures between Said Lines and the Street Line, Repealing Certain Ordinances, and Providing for the Penalty for the Violation Thereof" as Amended, by Amending Section 78 of Said Ordinance No. 108, as Amended
510 An Ordinance of the City of Maywood Amending Ordinance No. 108 of 6-13- the City of Maywood Entitled "An Ordinance of the City of Maywood 61 Establishing Setback Lines from the Street Line for the Erection of Buildings or Structures along Any Portion of Any Street, Public Highway, or Place in the City of Maywood, Prohibiting the Erection and Construction of Buildings and Structures between Said Lines and the Street Line, Repealing Certain Ordinances, and Providing for the Penalty for the Violation Thereof" as Amended, by Adding Thereto Section No. 45.1 524 An Ordinance of the City of Maywood Repealing Section 69 of 2-27- Ordinance No. 108 62
541 An Ordinance of the City of Maywood Amending Section 1 and 10-9- Repealing Section 126 of Ordinance No. 108 Entitled "An Ordinance of 62 the City of Maywood Establishing Setback Lines from the Street Line for the Erection of Buildings or Structures along Any Portion of Any Street, Public Highway, or Place in the City of Maywood, Prohibiting the Erection and Construction of Buildings and Structures between Said Lines and the Street Line, Repealing Certain Ordinances, and Providing for the Penalty for the Violation Thereof"
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67-29 An Ordinance of the City of Maywood Amending Ordinance No. 108, as Amended, (Setback Ordinance) So as to Establish a Building Setback Line on a Certain Portion of Alamo Avenue
6-27-
67 67-30 An Ordinance of the City of Maywood Amending Ordinance No. 108, as Amended, (Setback Ordinance) Establishing a Building Setback Line on a Certain Portion of Loma Vista Avenue
7-11-
67
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Chapter 8 - UNIFORM SIGN CODE
(Sections 8-8.01 through 8-8.03, codified from Ordinance Nos. 66-11 and 75-130, as amended by Ordinance Nos. 67-36, effective January 12, 1968, 74-117, effective August 8, 1974 and 78-185, effective November 9, 1978, repealed by Ordinance No. 89-360, effective October 26, 1989) Chapter 9 - UNSAFE, DANGEROUS, AND SUBSTANDARD BUILDINGS AND PREMISES* Sections:
8-9.01 - Adoption of the Uniform Code for the Abatement of Dangerous Buildings.
For the purpose of regulating buildings or structures which are dilapidated, unsafe, dangerous, unsanitary, or a menace to the life, limb, health, morals, property, safety, and general welfare of the people of the City, or which are a likely resort for vagrant or dissolute persons, that certain Code designated as the "Uniform Code for the Abatement of Dangerous Buildings", published by the International Conference of Building Officials, 1997 Edition, three (3) copies of which are on file in the office of the City Clerk for public record and inspection, is hereby adopted by reference and made a part of this chapter as though set forth in this chapter in full, subject, however, to the amendments, additions, and deletions set forth in this chapter, and said Code shall be known as the Abatement of Dangerous Buildings Code for the City.
(§ 5, Ord. 78-185, eff. November 9, 1978, as amended by § 6, Ord. 89-360, eff. October 26, 1989, § 4, Ord. 92-
389, eff. September 10, 1992, § 4, Ord. 96-424, eff. March 14, 1996, and Ord. 98-451, eff. March 12, 1998) 8-9.01 - Adoption of the Adoption of International Property Maintenance Code.
A. For the purpose of regulating buildings or structures which are dilapidated, unsafe, dangerous, unsanitary, or a menace to the life, limb, health, morals, property, safety, and general welfare of the people of the City, or which are a likely resort for vagrant or dissolute persons, that certain Code designated as the the International Property Maintenance Code, 2021 Edition.
B. Not less than one copy of said International Property Maintenance Code, together with all amendments thereto proposed by the City of Maywood, has been and is now filed in the office of the Community Development department and shall be remain on file with building official, and shall collectively be known as the City of Maywood Building Code and may be cited as Section 8-1.01 of the City of Maywood Municipal Code.
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Chapter 10 - SWIMMING POOL-POND ENCLOSURES
Sections:
8-10.01 - Enclosures required for swimming pools and ponds.
Every person in possession of land within the City, either as owner, purchaser under contract, lessee, tenant, or licensee, upon which land a swimming pool or any other artificially created body of water, any portion of which is eighteen (18″) inches or more in depth, is situated, at all times shall maintain upon the lot or premises upon which such pool is located a fence or other solid structure not less than six (6′) feet in height with no opening therein, other than doors or gates, larger than six (6″) inches square, and such fence or solid structure shall surround completely such pool or body of water, lot, or premises so that access thereto may be made only through such fence or structure. A dwelling, accessory building, or other similar structure may be used as part of such enclosure. All gates or doors opening through such fence or structure shall completely fill an opening in such a fence or structure in excess of six (6″) inches square, and shall be kept closed securely at all times when not in actual use, and shall be equipped with a self-closing, self- latching device not less than four (4′) feet above grade and capable of keeping such door or gate securely closed and latched at all times when not in actual use; provided, however, the door of any dwelling which forms a part of the enclosure hereinabove required need not be so closed or equipped.
(§ 1, Ord. 66-12, eff. May 10, 1966, as amended by § 7, Ord. 89-360, eff. October 26, 1989) 8-10.02 - Compliance requirements.
All plans for the construction of a swimming pool or other artificial body of water described in Section 8-
10.01 of this chapter hereafter submitted shall show compliance with said Section 8-10.01, and no permit to construct such pool or body of water shall be issued until such plans show compliance. Final inspection and approval of all swimming pools or other artificial bodies of water hereafter constructed shall be withheld until there has been compliance with all the requirements of Section 8-10.01 of this chapter.
(§ 1, Ord. 66-12, eff. May 10, 1966)
8-10.03 - Exceptions.
The provisions of Section 8-10.01 of this chapter shall not apply to swimming pools for which a charge or admission price is required to be paid for the use thereof, nor to swimming pools or other bodies of water which are a part of, and located upon the same premises as, a hotel or motel during the time the owner, operator, or adult employee of such owner or operator is present at, and in active charge of, the premises upon which such pool is located. The provisions of said Section 8.10.01 shall not apply to any swimming pool which at all times is filled with water and is protected by a pool cover or other protective device approved by the City.
(§ 1, Ord. 66-12, eff. May 10, 1966)
Chapter 11 - UNIFORM HOUSING CODE
Sections:
8-11.01 - Adoption of the Uniform Housing Code.
For the purpose of providing minimum requirements for the protection of life, limb, health, property, safety, and welfare of the general public and the owners and occupants of residential buildings, that certain Code designated as the "Uniform Housing Code", 1997 Edition, published by the International Conference of Building Officials, three (3) copies of which are on file in the office of the City Clerk for
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public record and inspection, is hereby adopted by reference and made a part of this chapter as though set forth in this chapter in full, subject, however, to the amendments, additions, and deletions set forth in this chapter, and said Code shall be known as the Housing Code for the City. (§ 1 (e), Ord. 74-117, eff. August 8, 1974, as amended by § 6, Ord. 78-185, eff. November 9, 1978, § 8, Ord. 89-360, eff. October 26, 1989, § 5, Ord. 92-389, eff. September 10, 1992, § 5, Ord. 96-424, eff. March 14, 1996, and Ord. 98-451, eff. March 12, 1998)
8-11.02 - Violations of provisions.
Any person violating any of the provisions of this chapter or of said Housing Code shall be guilty of a misdemeanor. The conviction of any such offense shall be cause for the immediate suspension or revocation of any permit, license, or certificate of qualification or registration issued to the person so convicted.
(§ 1 (e), Ord. 74-117, eff. August 8, 1974, as renumbered by § 8, Ord. 89-360, eff. October 26, 1989, as amended by Ord. 98-451, eff. March 12, 1998)
Chapter 12 - UNIFORM MECHANICAL CODE
Sections:
8-12.01 - Adoption of the Mechanical Code.
There is hereby adopted, by reference, as the Mechanical Code of the City, except as specified in this chapter, Ordinance No. 2013-0051 of the County of Los Angeles, which amends the County Code, Title 29— Mechanical Code, to adopt by reference the 2013 Edition of the California Mechanical Code and 2012 Edition of the Uniform Mechanical Code and make technical and editorial changes. Said Ordinance No. 2013-0051, was adopted November 26, 2013 by the County Board of Supervisors, and shall be known as the Mechanical Code of the City and may be cited as such.
One (1) copy of Title 29 (Mechanical Code) of the Los Angeles County Code has been filed in the office of the City Clerk and at all times shall be maintained in said office for the use and examination of the public.
(Ord. No. 11-02 , § 7, 1-11-2011; Ord. No. 11-05 , § 6, 2-14-2011; Ord. No. 14-07 , § 6, 10-8-2014) Editor's note— Ord. No. 11-02 , § 7, adopted January 11, 2011, repealed the former § 8-12.01, and enacted a new § 8-12.01. The former § 8-12.01 pertained to similar subject matter and derived from Ord. 74-117, effective August 8, 1974; Ord. 78-185, effective November 9, 1978; Ord. 81-227, effective April 23, 1981; Ord.
89-360, effective October 26, 1989; 92-389, effective September 10, 1992; Ord. 96-424, effective March 14,
1996; and Ord. 98-451, effective March 12, 1998.
8-12.02 - City deemed included in unincorporated area of County.
Whenever in the Mechanical Code, reference is made to the unincorporated area of the County of Los Angeles, such area shall be deemed to include in its true geographical location the area of the City. (Ord. No. 11-02 , § 7, 1-11-2011; Ord. No. 11-05 , § 6, 2-14-2011; Ord. No. 14-07 , § 6, 10-8-2014) Editor's note— Ord. No. 11-02 , § 7, adopted January 11, 2011, repealed the former § 8-12.02, and enacted a new § 8-12.02. The former § 8-12.02 pertained to similar subject matter and derived from Ord. 74-117, effective August 8, 1974 and Ord. 98-451, effective March 12, 1998.
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8-12.03 - Amendments: Section 110: Board of Appeals.
Subsection 110.1 of Section 110 of said Mechanical Code is hereby amended to read as follows: Sec. 110.1. 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 consisting of members of the Planning Commission who shall pass on matters pertaining to building construction and who are not employees of the jurisdiction. The building official shall be an ex officio member of and shall act as secretary to said board but shall have no vote on any matter before the board. The board of appeals shall be appointed by the governing body and shall hold office at its pleasure. The board shall adopt rules of procedure for conducting its business and shall render all decisions and findings in writing to the appellant with a duplicate copy to the building official.
(§ 6, Ord. 96-424, eff. March 14, 1996, as amended by Ord. 98-451, eff. March 12, 1998) 8-12.04 - Violations: Penalties.
Any person violating any provision of this chapter or of said Mechanical Code shall be guilty of a misdemeanor. The conviction of any such offense shall be the cause for the immediate suspension or revocation of any permit, license, or certificate of qualification or registration issued to the person so convicted.
(Ord. No. 11-02 , § 7, 1-11-2011; Ord. No. 11-05 , § 6, 2-14-2011; Ord. No. 14-07 , § 6, 10-8-2014) 8-12.01 - California Mechanical Code adopted by reference.
A. Division I Sections 1.2.0 through 1.14.0 of Chapter 1, Chapters 2 through 17 and Appendices B, C and D of 2022 California Mechanical Code, Title 24 Part 4 of California Code of Regulations, as published by the California Building Standards Commission are hereby adopted by reference pursuant to the provisions of Sections 50022.1 through 50022.10 of the Government Code of the State of California as though fully set forth herein, and made a part of the City of Maywood Municipal Code with the same force and effect as though set out herein in full, including all of the regulations, revisions, conditions and terms contained therein.
B. Not less than one copy of said of 2022 California Mechanical Code, Title 24 Part 4 of California Code of Regulations together with any and all amendments thereto proposed by the City of Maywood, has been and is now filed in the office of the Community Development Department and shall be remain on file with building official, and shall collectively be known as the City of Maywood Mechanical Code and may be cited as Section 8-12.01 of the City of Maywood Municipal Code.
Chapter 13 - ENERGY CONSERVATION REGULATIONS
Sections:
8-13.01 - Adoption of the Energy Conservation Regulations.
That certain Code designated as "Energy Conservation Regulations", 1995 Edition, published by the State, together with its Appendices, three (3) copies of which are on file in the office of the City Clerk for public record and inspection, is hereby adopted by reference and made a part of this chapter as though set forth in this chapter in full, and said Code shall be known as the Energy Conservation Regulations for the City. The building official shall have the authority to designate the specific edition of the Energy Conservation Regulations that the City shall use. (§ 5, Ord. 81-227, eff. April 23, 1981, as amended by § 7, Ord. 96-424, eff. March 14, 1996, Ord. 98-451, eff.
March 12, 1998)
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8-13.02 - Violations of provisions.
Any person violating any of the provisions of this chapter or of said Energy Conservation Regulations shall be guilty of a misdemeanor. The conviction of any such offense shall be cause for the immediate suspension or revocation of any permit, license, or certificate of qualification or registration issued to the person so convicted.
(§ 5, Ord. 81-227, eff. April 23, 1981, as amended by Ord. 98-451, eff. March 12, 1998) 8-13.01 - California Energy Code adopted by reference.
A. The 2022 edition of the California Energy Code, as published by the California Building Standards Commission in California Code of Regulations Title 24, Part 6, Pursuant to the provisions of Sections 50022.1 to 50022.10, inclusive, of the Government Code of the State and subject to the particular additions, deletions and amendments set forth in this chapter, the rules, regulations, provisions and conditions set forth in that certain Code entitled “2022 California Energy Code,” including the appendices therein contained, promulgated and published by the International Code Council and the California Building Standards Commission, expressly incorporated herein and made a part hereof as fully and for all intents and purposes as though set forth herein at length, are hereby established and adopted as the rules, regulations, provisions and conditions to be observed and followed for the building envelope, spaceconditioning systems, pool and spas, solar ready buildings, indoor lighting systems of buildings, outdoor lighting systems, electrical power distribution systems, and signs located either indoors or outdoors; and subject to the additions, deletions and amendments set forth in this chapter, said Code with its appendices and the said standards containing said rules, regulations, standards, provisions and conditions is hereby established and adopted by reference, and the same shall be designated, known and referred to as the “Energy Code” of and for the City.
B. Not less than one copy of said of 2022 California Energy Code, Title 24 Part 6 of California Code of Regulations together with any and all amendments thereto proposed by the City of Maywood, has been and is now filed in the office of the Community Development Department and shall be remain on file with building official, and shall collectively be known as the City of Maywood Energy Code and may be cited as Section 8-13.01 of the City of Maywood Municipal Code.
Chapter 14 - EARTHQUAKE HAZARD REDUCTION IN EXISTING BUILDINGS Sections:
8-14.01 - Scope.
The provisions of this chapter shall apply to all buildings constructed or under construction prior to January 1, 1934, or for which a building permit was issued prior to January 1, 1934, which, on November 29, 1984, have unreinforced masonry bearing walls as defined in Section 8-14.02 of this chapter. (§ 1, Ord. 84-270, eff. November 29, 1984, as amended by Ord. 98-451, eff. March 12, 1998) 8-14.02 - Definitions.
For the purposes of this chapter. the applicable definitions set forth in Sections 1602 and 1627 of the Uniform Building Code. 1997 Edition, and the following definitions shall apply:
(a) "Essential building" shall mean any building housing a hospital or other medical facility having surgery or emergency treatment areas; fire or police station; or municipal government disaster operations and communication center. (b) "High risk building" shall mean any building, not classified an essential building, having an occupant load as determined by Section 1002 of the Uniform Building Code, 1997 Edition, of fifty (50) occupants or more.
EXCEPTION: A high risk building shall not include the following:
1. Any building having exterior walls braced with masonry crosswalls or wood frame crosswalls spaced less than forty (40′) feet apart in each story. Crosswalls shall be full story height with a minimum length one and one-half (1 ½) times the story height; or