Ordinance No. FD 58
SECTION 505
PREMISES IDENTIFICATION
505.1 Address identification. New and existing buildings shall be provided with approved address identification. The address identification shall be legible and placed in a position that is visible from the street or road to which the building is addressed. Where required by the fire code official, address numbers shall be provided in additional locations to facilitate emergency response. Address identification characters shall contrast with their background. Address numbers shall be Arabic numbers or alphabetical letters. Numbers shall not be spelled out. Addressing of multi-family residential buildings shall be in accordance with Fire District Standard 5-7. Addressing of commercial and industrial buildings shall be in accordance with Fire District Standard 5-8. For all other buildings, each character shall be not less than 4 inches high with a minimum stroke width of 0.5 inch. Acceptable dimensions of address numbers and letters will be determined by the fire code official to ensure that they are plainly legible and visible. Where access is by means of a private road or drive aisle and the building cannot be viewed from the public way, a monument, pole, or other sign or means shall be used to identify the structure. Address identification shall be maintained.
505.1.1 Identification during construction. When permanently installing the address of a building under construction is not practical, the address of the construction site is required to be temporarily installed or displayed in a manner, location, and duration acceptable to the fire code official.
SECTION 506
KEY BOXES
506.1 Where required. Where access to or within a structure or an area is restricted because of secured openings or where immediate access is necessary for life-saving or fire-fighting purposes, the fire code official is authorized to require a key box to be installed in an approved location. The key box shall be of an approved type listed in accordance with UL 1037 and shall contain keys and/or other devices/information such as electronic card keys or access codes to gain necessary access as required by the fire code official. Key boxes shall be in accordance with Fire District Standard 5-9.
SECTION 507
FIRE PROTECTION WATER SUPPLIES
507.1 Required water supply. An approved water supply capable of supplying the required fire flow for fire protection shall be provided to premises upon which facilities, buildings or portions of buildings are hereafter constructed or moved into or within the jurisdiction. The approved water supply shall be in accordance with this section, Appendix B, and Fire District Standard 5-10. 507.3 Fire flow. Fire flow requirements for buildings or portions of buildings and facilities shall be in accordance with Appendix B as amended and Fire District Standard 5-10. 507.5 Fire hydrant systems. Fire hydrant systems shall comply with Sections 507.5.1 through 507.5.6, Appendix C, and Fire District Standard 5-10.
Ordinance No. FD 58
>507.5.1 Where required. Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 300 feet from a hydrant on a public or private street, on- site fire hydrants and mains shall be provided where required by the fire code official and in accordance with Fire District Standard 5-10.
Exceptions:
1. For Group R-3 and Group U occupancies, the distance requirement can be increased by the fire code official but shall not exceed 600 feet.
2. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1, 903.3.1.2, or 903.3.1.3, the distance requirement can be increased by the fire code official but shall not exceed 600 feet. 507.5.1.1 Hydrant for standpipe systems. Buildings equipped with a standpipe system shall have a fire hydrant located in accordance with Fire District Standard 5-10. 507.5.1.2 Hydrant for fire department connections. A minimum of one fire hydrant is required to be installed in accordance with Fire District Standard 5-10 when a fire protection system has a fire department connection.
SECTION 509
FIRE PROTECTION AND UTILITY EQUIPMENT IDENTIFICATION AND ACCESS 509.3 Multi-tenant or multi-unit buildings. When an automatic fire sprinkler system or systems or a fire alarm system or systems are installed in buildings constructed for multiple tenants and/or units and the installed systems protect multiple tenant spaces or units, the fire sprinkler riser(s), fire alarm control unit, and all other related valves, gauges, and/or controls for such systems shall be located in an attached or included room or approved weather resistant enclosure accessible from the exterior of the building.
The room or enclosure shall be of a sufficient size as determined by the fire code official to allow firefighters and other emergency responders in full personal protective equipment the ability to operate safely with unrestricted access to all risers, control units, valves, and other installed equipment. Access doors serving the room or walk-in enclosure are required to be a minimum of 3 feet in width and 6 feet 8 inches in height.
SECTION 510
EMERGENCY RESPONDER COMMUNICATION COVERAGE
510.3 Permit required. Permits shall be required as set forth in Section 105.
SECTION 511
SITE PLANS
511.1 General. The owner of or person responsible for a building or facility shall provide the fire code official with a site plan in accordance with Fire District Standard 5-11. The owner or responsible person shall provide an updated site plan to the fire code official when any element of the site plan changes.
Ordinance No. FD 58
CHAPTER 6
BUILDING SERVICES AND SYSTEMS
SECTION 601
GENERAL
601.2 Permits. Permits shall be required as set forth in Section 105.
SECTION 605
FUEL-FIRED APPLIANCES
605.5.2 Portable outdoor gas-fired heating appliances. Portable gas-fired heating appliances located outdoors shall be in accordance with Sections 605.5.2.1 through 605.5.2.3.4 and Fire District Standard 3-2.
605.5.2.1 Location. Portable outdoor gas-fired heating appliances shall be located in accordance with Sections 603.4.2.1.1 through 603.4.2.1.4.
605.5.2.1.1 Prohibited locations. The use of portable outdoor gas-fired heating appliances is prohibited in any of the following locations:
1. Inside of any occupancy.
2. Inside of tents, canopies and membrane structures.
3. On exterior balconies.
Exceptions:
1. As permitted in Chapter 61.
2. One- and two-family dwellings.
3. When used in accordance with Fire District Standard 3-2. 605.5.2.1.2 Clearance to buildings. Portable outdoor gas-fired heating appliances shall be located not less than 10 feet from buildings.
605.5.2.1.3 Clearance to combustible materials. Portable outdoor gas-fired heating appliances shall not be located beneath, or closer than 10 feet to combustible decorations and combustible overhangs, awnings, sunshades or similar combustible attachments to buildings.
605.5.2.1.4 Proximity to exits. Portable outdoor gas-fired heating appliances shall not be located within 10 feet of exits or exit discharges.
605.5.2.1.5 Storage. When stored inside of any occupancy, tent, canopy, or membrane structure, portable outdoor gas-fired heating appliances shall be disconnected from the fuel gas container.
605.5.2.3.3 Container capacity. The maximum individual capacity of gas containers used in connection with portable outdoor gas-fired heating appliances shall not exceed 20 pounds (9 kg).
Exception: The capacity of an LP-gas container utilized with portable outdoor gas- fired heating appliances located on exterior balconies or within 10 feet of a building shall not be greater than 2 ½ pounds [nominal 1-pound LP-gas capacity].
Ordinance No. FD 58
SECTION 606
COMMERCIAL COOKING EQUIPMENT, SYSTEMS, AND OPERATIONS
606.1 General. Commercial cooking equipment, systems, operations, and commercial kitchen exhaust hoods shall comply with the requirements of this section, Section 904, Section 907, the California Mechanical Code, NFPA 96, and Fire District Standard 6-1. 606.1.1 Permits. Permits shall be required as set forth in Section 105.
SECTION 608
MECHANICAL REFRIGERATION
608.11.1.2 Manual Operation. Where required by the fire code official, automatic crossover valves shall be capable of manual operation. The manual valves are required be located outside of the machinery room in an approved location easily accessible to emergency response personnel. The valves can be secured to prevent tampering or unfettered access by unauthorized persons. The valves or the security enclosure are required to be identified as Emergency Controls.
SECTION 610
CLOTHES DRYER EXHAUST SYSTEMS
610.1 Clothes dryer exhaust duct systems. Clothes dryer exhaust dust systems shall be in accordance with Sections 610.1.1 through 610.1.3.
610.1.3 Reports. Reports in a format acceptable to the fire code official are required to document the required maintenance of clothes dryer exhaust duct systems installed in Group R-1, R-2, R-2.1, and R-4 occupancies.
CHAPTER 8
INTERIOR FINISH, DECORATIVE MATERIALS AND FURNISHINGS
SECTION 807
DECORATIVE MATERIALS OTHER THAN DECORATIVE
VEGETATION IN NEW AND EXISTING BUILDINGS
>807.5.2.2 Artwork in corridors. Artwork and teaching materials shall be in accordance with Fire District Standard 8-1.
>807.5.2.3 Artwork in classrooms. Artwork and teaching materials shall be in accordance with Fire District Standard 8-1.
>807.5.5.2 Artwork in corridors. Artwork and teaching materials shall be in accordance with Fire District Standard 8-1.
>807.5.5.3 Artwork in classrooms. Artwork and teaching materials shall be in accordance with Fire District Standard 8-1.
Ordinance No. FD 58
CHAPTER 9
FIRE PROTECTION AND LIFE SAFETY SYSTEMS
SECTION 901
GENERAL
901.4.2 Non-required fire protection systems. A fire protection system or portion thereof not required by this code or the California Building Code shall be allowed to be furnished for partial or complete protection provided such installed system meets the applicable requirements of this code and the California Building Code. Partial systems shall be in accordance with Fire District Standard 9-1.
901.7 Systems out of service. Where a required fire protection system is out of service, the fire department and the fire code official shall be notified immediately and, where required by the fire code official, the building shall either be evacuated or an approved fire watch shall be provided for all occupants left unprotected by the shut down until the fire protection system has been returned to service.
Where utilized, fire watches shall be provided with at least one approved means for notification of the fire department and their only duty shall be to perform constant patrols of the protected premises and keep watch for fires. A fire watch shall be in accordance with Fire District Standard 9-2. 901.8 Removal of or tampering with equipment. It shall be unlawful for any person to remove, tamper with, intentionally damage or destroy, or otherwise disturb any fire protection or life safety system, or other appurtenance installed as a component of a fire protection or life safety system required by this code, except for the purpose of extinguishing fire, approved training, recharging or making necessary repairs, or where approved by the fire code official. The fire code official is authorized to approve means for preventing and deterring the unlawful removal of and/or tampering with equipment installed as part of a fire protection or life safety system.
SECTION 903
AUTOMATIC SPRINKLER SYSTEMS
903.1 General. Automatic sprinkler systems shall comply with this section, Fire District Standard 5-10, and Fire District Standard 9-3.
>903.2 Where required. Approved automatic sprinkler systems shall be provided:
1. In new buildings and structures in the locations described in Sections 903.2.1 through 903.2.22 as amended.
2. In existing buildings and structures where an addition or cumulative additions to the original footprint of the building or structure creates a fire area that is required by Sections 903.2.1 through 903.2.22 as amended to have an automatic sprinkler system.
Exception: Group R-3 occupancies.
3. In existing buildings and structures when a change in use results in a fire area that is required by Sections 903.2.1 through 903.2.22 as amended to have an automatic sprinkler system.
Exception: Group R-3 occupancies converted to Group R-3.1 occupancies in accordance with this section.
903.2.1 Group A. An automatic sprinkler system shall be provided throughout buildings and portions thereof used as Group A occupancies as provided in this section.
Ordinance No. FD 58
903.2.1.1 Group A-1. An automatic sprinkler system shall be provided throughout stories containing Group A-1 occupancies and throughout all stories from the Group A-1 occupancy to and including the levels of exit discharge serving that occupancy where one of the following conditions exists:
1. The fire area exceeds 5,000 square feet of new construction area.
2. The fire area exceeds 12,000 square feet in an existing building where the fire area is increased or the occupancy classification is changed to Group A-1.
3. The fire area has an occupant load of 300 or more; or
4. The fire area is located on a floor other than a level of exit discharge serving such occupancies.
5. The fire area contains a multi-theater complex.
903.2.1.2 Group A-2. An automatic sprinkler system shall be provided throughout stories containing Group A-2 occupancies and throughout all stories from the Group A-2 occupancy to and including the levels of exit discharge serving that occupancy where one of the following conditions exists:
1. The fire area exceeds 5,000 square feet.
2. The fire area has an occupant load of 100 or more; or
3. The fire area is located on a floor other than a level of exit discharge serving such occupancies.
4.The structure exceeds 5,000 square feet, contains more than one fire area containing a Group A-2 occupancy, and is separated into two or more buildings by fire walls of less than 4-hour fire-resistance rating without openings.
903.2.1.3 Group A-3. An automatic sprinkler system shall be provided throughout stories containing Group A-3 occupancies and throughout all stories from the Group A-3 occupancy to and including the levels of exit discharge serving that occupancy where one of the following conditions exists:
1. The fire area exceeds 5,000 square feet of new construction area.
2. The fire area exceeds 12,000 square feet in an existing building where the fire area is increased or the occupancy classification is changed to Group A-3.
3. The fire area has an occupant load of 300 or more; or
4. The fire area is located on a floor other than a level of exit discharge serving such occupancies.
5.The structure exceeds 12,000 square feet, contains more than one fire area containing exhibition and display rooms, and is separated into two or more buildings by fire walls of less than 4-hour fire resistance rating without openings. 903.2.1.4 Group A-4. An automatic sprinkler system shall be provided throughout stories containing Group A-4 occupancies and throughout all stories from the Group A-4 occupancy to and including the levels of exit discharge serving that occupancy where one of the following conditions exists:
1. The fire area exceeds 5,000 square feet of new construction area.
2. The fire exceeds 12,000 square feet in an existing building where the fire area is increased or the occupancy classification is changed to Group A-4.
3. The fire area has an occupant load of 300 or more.
4. The fire area is located on a floor other than a level of exit discharge serving such occupancies.
Ordinance No. FD 58
903.2.1.5 Group A-5. An automatic sprinkler system shall be provided for all enclosed Group A-5 accessory use areas in excess of 1,000 square feet. 903.2.3 Group E. An automatic sprinkler system shall be provided for Group E occupancies as follows:
1. Throughout all Group E fire areas greater than 5,000 square feet in area.
Note: Conditions 2-7 are not amended. All other provisions of this section remain unchanged.
903.2.4 Group F-1. An automatic sprinkler system shall be provided throughout all buildings containing a Group F- 1 occupancy where one of the following conditions exists:
1. A Group F-1 fire area exceeds 5,000 square feet.
2. A Group F-1 fire area is located more than three stories above grade plane.
3. The combined area of all Group F-1 fire areas on all floors, including any mezzanines, exceeds 5,000 square feet of new construction area or 12,000 square feet in an existing building where the fire area is increased or the occupancy classification is changed to Group F-1.
903.2.7 Group M. An automatic sprinkler system shall be provided throughout buildings containing a Group M occupancy where one of the following conditions exists:
1. A Group M fire area exceeds 5,000 square feet of new construction area.
2. A Group M fire area exceeds 12,000 square feet in an existing building where the fire area is increased or the occupancy classification is changed to Group M.
3. A Group M fire area is located more than three stories above grade plane.
4. The combined area of all Group M fire areas on all floors, including any mezzanines, exceeds 5,000 square feet of new construction area or 12,000 square feet in an existing building where the fire area is increased or the occupancy classification is changed to Group M.
5.The structure exceeds 12,000 square feet, contains more than one fire area containing a Group M occupancy, and is separated into two or more buildings by fire walls of less than 4-hour fire-resistance rating.
903.2.7.2 Group M upholstered furniture or mattresses. An automatic sprinkler system shall be provided throughout a Group M fire area where the area used for the display and sale of upholstered furniture or mattresses exceeds 2,500 square feet. 903.2.9 Group S-1. An automatic sprinkler system shall be provided throughout all buildings containing a Group S-1 occupancy where one of the following conditions exists:
1. A Group S-1 fire area exceeds 5,000 square feet of new construction area.
2. A Group S-1 fire area exceeds 12,000 square feet in an existing building where the fire area is increased or the occupancy classification is changed to Group S-1.
3. A Group S-1 fire area is located more than three stories above grade plane.
4. The combined area of all Group S-1 fire areas on all floors, including any mezzanines, exceeds 5,000 square feet of new construction area or 12,000 square feet in an existing building where the fire area is increased or the occupancy classification is changed to Group S-1.
5. A Group S-1 fire area used for the storage of commercial trucks or buses where the fire area exceeds 5,000 square feet.
Ordinance No. FD 58
903.2.9.1 Repair garages. An automatic sprinkler system shall be provided throughout all buildings used as repair garages in accordance with Section 406.8 of the California Building Code, as shown:
1. Buildings having two or more stories above grade plane, including basements, with a fire area containing a repair garage exceeding 5,000 square feet.
2. Buildings no more than one story above grade plane, with a fire area containing a repair garage exceeding 5,000 square feet.
3. Buildings with repair garages servicing vehicles parked in basements.
4. A Group S-1 fire area used for repair of commercial trucks or buses where the fire area exceeds 5,000 square feet.
903.2.10 Group S-2 parking garages. An automatic sprinkler system shall be provided throughout buildings classified as parking garages where any of the following conditions exist:
1. Where the fire area of the enclosed parking garage, in accordance with Section 406.6 of the California Building Code, exceeds 5,000 square feet.
2. Where the enclosed parking garage, in accordance with Section 406.6 of the California Building Code, is located beneath other groups.
Exception: Enclosed parking garages located beneath Group R-3 occupancies.
3. Where the fire area of the open parking garage, in accordance with Section 406.5 of the California Building Code, exceeds 12,000 square feet.
903.2.21 Pet dealers and pet boarding facilities. An automatic fire sprinkler system is required to be installed and monitored by an approved supervising station in accordance with this code in pet dealer and pet boarding facilities in compliance with Health and Safety Code Sections 122155 and 122385.
Exception: Where an automatic fire alarm system is installed and monitored by an approved supervising station in accordance with this code.
903.4 Sprinkler system supervision and alarms. Valves controlling the water supply for automatic sprinkler systems, pumps, tanks, water levels and temperatures, critical air pressures, and water-flow switches on all sprinkler systems shall be electrically supervised by a listed fire alarm control unit in accordance with this section and applicable Fire District Standards.
Exceptions:
1. Automatic sprinkler systems protecting one- and two-family dwellings.
2. Limited area sprinkler systems in accordance with 903.3.8.
3. Automatic sprinkler systems installed in accordance with NFPA 13R where a common supply main is used to supply both domestic water and the automatic sprinkler system, and a separate shutoff valve for the automatic sprinkler system is not provided.
4. Jockey pump control valves that are sealed or locked in the open position.
5. Exception deleted.
6. Valves controlling the fuel supply to fire pump engines that are sealed or locked in the open position.
7. Trim valves to pressure switches in dry, pre-action and deluge sprinkler systems that are sealed or locked in the open position.
8. Underground key or hub gate valves in roadway boxes. 903.4.3 Floor control valves. Approved supervised indicating control valves shall be provided at the point of connection to the riser on each floor in all multi-story buildings.
Ordinance No. FD 58
903.6 Where required in existing buildings and structures. An automatic sprinkler system shall be provided in existing buildings and structures where required in Chapter 11, Fire District Standard 11-1, and Section 903 as amended herein.
SECTION 904
ALTERNATIVE AUTOMATIC FIRE-EXTINGUISHING SYSTEMS
904.1 General. Automatic fire-extinguishing systems, other than automatic sprinkler systems, shall be designed, installed, inspected, tested, and maintained in accordance with the provisions of this section, Fire District Standards 6-1 and 9-4, and the applicable referenced standards. 904.2.2 Commercial hood and duct systems. Each required commercial kitchen exhaust hood and duct system required by Section 606 to have a Type I hood shall be protected with an approved automatic fire-extinguishing system installed in accordance with this code, manufacturer’s specifications, NFPA 96, and Fire District Standard 6-1. 904.3.3 System interlocking. Automatic equipment interlocks with fuel controls and shutoffs, ventilation activation and other controls, door closers, window shutters, conveyor openings, smoke and heat vents, and other features necessary for the safe and proper operation of the fire-extinguishing system shall be provided as required by the design and installation standard utilized for the hazard, this code, Fire District Standard 6-1, and applicable NFPA standards. 904.3.5 Monitoring. Where a building fire alarm system or a sprinkler monitoring system is installed, automatic fire-extinguishing systems shall be monitored by the building fire alarm system or sprinkler monitoring system in accordance with NFPA 72. 904.13 Commercial cooking systems. Commercial cooking equipment that produces grease laden vapors shall be provided with a Type I Hood, in accordance with the California Mechanical Code and Section 606 of this code as amended, and an automatic fire extinguishing system that is listed and labeled for its use as follows:
Note: Conditions 1-3 and exceptions are not amended.
SECTION 905
STANDPIPE SYSTEMS
905.2 Installation standard. Standpipe systems shall be installed in accordance with this section, NFPA 14 as amended in Chapter 80, and Fire District Standard 5-10. Fire department connections for standpipe systems shall be in accordance with Section 912.
SECTION 906
PORTABLE FIRE EXTINGUISHERS
906.1 Where required. Portable fire extinguishers shall be installed in accordance with this code or readily available in all of the following locations:
Note: Conditions 1-9 are not amended.
10. At all outdoor events, special events, temporary uses, indoor and outdoor trade shows and exhibitions, and outdoor cooking operations in accordance with this code, Appendix N, Appendix O, and applicable Fire District Standards.
Ordinance No. FD 58
906.1.1 Group S storage areas. Where approved by the fire code official, in storage areas of Group S occupancies where forklift, powered industrial truck, or powered cart operators are the primary occupants, portable fire extinguishers, as specified in NFPA 10 and CCR Title 19, shall not be required where the storage area is in accordance with all of the following:
1. Vehicle-mounted extinguishers approved by the fire code official are provided on all forklifts, powered industrial trucks, and powered carts, including those that are designated as back up, reserve, or standby vehicles.
2. Each vehicle is equipped with a 10-pound, 40A:80B:C extinguisher affixed to the vehicle using a mounting bracket approved by the extinguisher manufacturer or the fire code official for vehicular use.
3. Not less than two spare extinguishers of equal or greater rating shall be available on-site to replace a discharged extinguisher. Spare extinguishers are required to be of size and dimension to be properly restrained by the mounting brackets installed on the vehicles.
4. Vehicle operators shall be trained in the proper operation, use, and inspection of extinguishers through a training program approved by the fire code official.
5. Inspections of vehicle-mounted extinguishers shall be performed daily.
6. A 10-pound, 40A:80B:C extinguisher is installed at every exterior door in accordance with the applicable provisions of NFPA 10 and CCR Title 19.
906.6 Unobstructed and unobscured. Portable fire extinguishers shall not be obstructed or obscured from view. In rooms or areas in which visual obstruction cannot be completely avoided, means acceptable to the fire code official shall be provided to indicate the locations of extinguishers.
SECTION 907
FIRE ALARM AND DETECTION SYSTEMS
907.1 General. This section covers the application, installation, performance, and maintenance of fire alarm systems and their components in new and existing buildings and structures. The requirements of Section 907.2 are applicable to new buildings and structures. The requirements of Section 907.9 are applicable to existing buildings and structures. Fire alarm and detection systems, remote annunciation, reset and silence procedures, listing certification, monitoring, notification appliances, equipment disconnect interfaces, and a posted zone map in new and existing buildings shall be in accordance with Fire District Standard 9-5.
907.1.2 Fire alarm shop drawings. Shop drawings and plans for new fire alarm systems, modifications to existing fire alarm systems, and certain maintenance and repairs shall be prepared in accordance with NFPA 72 and Fire District Standard 9-5 and submitted for review and approval prior to system installation or commencing modifications, maintenance, or repairs.
Exception: Emergency repairs as allowed by Fire District Standard 9-5. 907.1.2.1 Drawing symbols. All plans and shop drawings shall use the symbols identified in NFPA 170, Standard for Fire Safety and Emergency Symbols.
Exception: Other symbols are allowed where approved by the fire code official. 907.1.6 Alarm Signal Verification. Remote monitoring and supervising station services shall attempt to verify an alarm signal originating from a residential or commercial protected premises prior to reporting the alarm signal to the public safety communications center. Verification shall be in accordance with NFPA 72 and Fire District Standard 9-6.
Ordinance No. FD 58
907.2.30 Pet dealers and pet boarding facilities. An automatic fire alarm system is required to be installed and monitored by an approved supervising station in accordance with this code in pet dealer and pet boarding facilities in compliance with Health and Safety Code Sections 122155 and 122385.
Exception: Where an automatic fire sprinkler system installed and monitored by an approved supervising station in accordance with this code.
>907.6.3 Initiating device identification. The fire alarm system shall identify the specific initiating device address, location, device type, floor level where applicable, and status, including indication of normal, alarm, trouble, and/or supervisory status, as appropriate.
Exceptions:
1. Exception deleted.
2. Exception deleted.
3. Special initiating devices that do not support individual device identification.
4. Fire alarm systems or devices that are replacing existing equipment. 907.6.6.2 MIY monitoring. Direct transmission of alarms Associated with monitor-it-yourself (MIY) transmitters to a public safety answering point (PSAP) are not be permitted. 907.7 Acceptance tests and completion. Upon completion of the installation, modification, repair, or maintenance, the fire alarm system and all fire alarm components shall be tested in accordance with NFPA 72 and Fire District Standard 9-5.
SECTION 912
FIRE DEPARTMENT CONNECTIONS
912.1 Installation. Fire department connections shall be installed in accordance with the NFPA standard applicable to the system design and shall comply with Sections 912.2 through 912.7 and Fire District Standard 5-10.
912.2.2 Existing buildings. On existing buildings, wherever the fire department connection is not visible to approaching fire apparatus, the fire department connection shall be indicated by an approved sign in accordance with Fire District Standard 5-10. >912.5 Signs. A sign in accordance with Fire District Standard 5-10 shall be mounted on all fire department connections serving automatic sprinklers, standpipes, or fire pump connections. Where the fire department connection does not serve the entire building, a sign shall be provided indicating the portions of the building served.
SECTION 913
FIRE PUMPS
913.2 Protection against interruption of service. The fire pump, driver, and controller shall be protected in accordance with NFPA 20 against possible interruption of service through damage caused by explosion, fire, flood, earthquake, rodents, insects, windstorm, freezing, vandalism and other adverse conditions.
913.2.3 Alternate source of power. Notwithstanding the availability of a public utility to provide electric service for a fire pump, electrically driven fire pumps shall be provided with an alternate
Ordinance No. FD 58
source of power in accordance with NFPA 20 due to historical and foreseeable extended power interruptions along the California Power Grid due to high demand, high heat, public safety power shutoffs, and damage to the power grid caused by destructive natural events common in Southern California such as wildfires, Santa Ana winds, and earthquakes. 913.2.4 Alternate source of fuel. Notwithstanding the availability of a public utility to provide natural gas for a fuel powered fire pump, natural gas fueled fire pumps supplied from the public utility shall be provided with an alternate source of fuel or the ability to accept an alternate source of fuel due to historical and foreseeable extended interruptions of the natural gas supply caused by seismic activity.
913.2.5 Interruption of service. When a fire pump installed to provide the required demand for one or more fire sprinkler systems experiences an interruption of service, the interruption of service shall constitute the fire sprinkler system being out of service regardless of an uninterrupted supply of water to the fire sprinkler system. An interruption of service to a fire pump shall be in accordance with Section 901.7 of this code.
SECTION 915
CARBON MONOXIDE DETECTION
915.1.1.1 Permits. Permits shall be required as set forth in Section 105.
SECTION 916
GAS DETETION SYSTEMS
916.2 Permits. Permits shall be required as set forth in Section 105.
CHAPTER 10
MEANS OF EGRESS
SECTION 1001
ADMINISTRATION
1001.3 Permits. Permits shall be required as set forth in Section 105.
SECTION 1003
GENERAL MEANS OF EGRESS
1003.8 Public swimming pools. Public swimming pool enclosures, gates, and means of egress shall be in accordance with the California Building Code, the California Health and Safety Code, and the Fire District Guidance Document for Swimming Pools.
Ordinance No. FD 58
SECTION 1013
EXIT SIGNS
1013.1 Where required. Exits and exit access doors shall be marked by an approved exit sign readily visible from any direction of egress travel. The path of egress travel to exits and within exits shall be marked by readily visible exit signs to clearly indicate the direction of egress travel in cases where the exit or the path of egress travel is not immediately visible to the occupants. Intervening means of egress doors within exits shall be marked by exit signs. Exit sign placement shall be such that any point in an exit access corridor or exit passageway is within 100 feet (30 480 mm) or the listed viewing distance of the sign, whichever is less, from the nearest visible exit sign.
Exceptions:
1. Exit signs are not required in rooms or areas that require only one exit or exit access.
2. Main exterior exit doors or gates that are obviously and clearly identifiable as exits need not have exit signs where approved by the fire code official.
3. Exit signs are not required in occupancies in Group U and individual sleeping units or dwelling units in Group R-1, R-2, R-3, or R-3.1.
4. Exit signs are not required where inmates are housed or held in dayrooms, sleeping rooms or dormitories in occupancies in Group I-3.
5. In occupancies in Groups A-4 and A-5, exit signs are not required on the seating side of vomitories or openings into seating areas where exit signs are provided in the concourse that are readily apparent from the vomitories. Egress lighting is provided to identify each vomitory or opening within the seating area in an emergency.
6. In Group S occupancies approved for high-piled combustible storage where forklift, powered industrial truck, and powered cart operators are the primary occupants, exit signs are not required in the aisles, the shipping and receiving areas, or between exits and exit access doors.
CHAPTER 11
EXISTING BUILDINGS
SECTION 1101
GENERAL
1101.1 Scope. The provisions of this chapter shall apply to existing buildings constructed prior to the adoption of this code. Construction, fire protection, and life safety in existing buildings shall be in accordance with this chapter, this code, the California Building Code, the California Existing Building Code, and other applicable codes.
1101.2 Intent. The intent of this chapter is to provide a minimum degree of fire and life safety to persons occupying existing buildings by providing minimum construction, fire protection, and life safety requirements where existing buildings do not comply with the minimum requirements of this code or the California Building Code.
1101.3 Permits. Permits shall be required as set forth in Sections 105.
Ordinance No. FD 58
SECTION 1103
FIRE SAFETY REQUIREMENTS FOR EXISTING BUILDINGS
1103.5.3 Group I-2, Condition 2. In addition to the requirements of Section 1103.5.2, existing buildings of Group I-2, Condition 2 occupancy shall be equipped throughout with an approved automatic sprinkler system in accordance with Section 903.3.1.1. The automatic sprinkler system shall be installed within a time frame established by the fire code official.
CHAPTER 12
ENERGY SYSTEMS
SECTION 1201
GENERAL
1201.1 Scope. The provisions of this chapter and Fire District Standard 12-1 shall apply to the installation, operation, maintenance, repair, retrofitting, testing, commissioning and decommissioning of energy systems used for generating or storing energy. It shall not apply to equipment associated with the generation, control, transformation, transmission, or distribution of energy installations that is under the exclusive control of an electric utility or lawfully designated agency. 1201.4 Permits. Permits shall be required as set forth in Section 105.
SECTION 1203
EMERGENCY AND STANDBY POWER SYSTEMS
1203.1.6.1 Alternate source of power. Notwithstanding the availability of a public electric utility, an alternate source of power shall be provided when the manufacturer’s instructions, the listing, this code, or applicable referenced standards require equipment to have an uninterruptable power source.
The public electric utility is not considered a reliable uninterruptable power source due to historical and foreseeable extended power interruptions along the California Power Grid due to high demand, high heat, public safety power shutoffs, and damage to the power grid caused by destructive natural events common in Southern California such as wildfires, Santa Ana winds, and earthquakes. 1203.1.6.2 Alternate source of fuel. Notwithstanding the availability of a public utility to provide natural gas for a stationary emergency power generator, natural gas fueled stationary emergency power generators supplied from the public utility shall be provided with an alternate source of fuel or the ability to accept an alternate source of fuel due to historical and foreseeable extended interruptions of the natural gas supply caused by seismic activity.
SECTION 1204
PORTABLE GENERATORS
>1204.10 Fire extinguisher. A listed portable fire extinguisher complying with section 906 with a minimum rating of 2-A:20-B:C shall be provided when a portable generator is in use. Based on the size and approved location of the portable generator, the fire code official is authorized to require additional fire extinguishers and/or fire extinguishers with a higher rating. Extinguishers are required to be located with respect to the portable generator as directed by the fire code official.
Ordinance No. FD 58
SECTION 1205
SOLAR PHOTOVOLTAIC POWER SYSTEMS
1205.3 Other than Group R-3 buildings. Access to systems for buildings, other than those containing Group R-3 occupancies, shall be provided in accordance with Sections 1205.3.1 through 1205.3.3. 1205.3.2 Interior pathways. Interior pathways shall be provided between array sections to meet the following requirements:
1. Pathways shall be provided at intervals not greater than 150 feet throughout the length and width of the roof.
2. A pathway not less than 4 feet wide in a straight line to roof standpipes, ventilation hatches, and permanently installed ladders intended for firefighter use. 1205.3.5 Access ladders. Where access ladders are required and installed in accordance with Fire District Standard 5-6, a clear operational area at the base of the ladder of not less than 8 feet by 8 feet is required to be provided. This operational area is required to provide unobstructed access to a perimeter pathway and/or an interior pathway as required by this section and as determined by the fire code official.
1205.5.1 Vegetation control. A vegetation exclusion zone of not less than 10 feet shall be required around the perimeter of the ground-mounted photovoltaic arrays. A noncombustible base of gravel or other noncombustible base approved by the fire code official shall be installed and maintained under the photovoltaic arrays and associated electrical equipment installations. The fire code official is authorized to require additional vegetation exclusion and/or management consistent with the hazards and risks of the location where a ground-mounted photovoltaic array is installed.
SECTION 1206
STATIONARY FUEL CELL SYSTEMS
1206.2 Permits. Permits shall be required as set forth in Section 105.
SECTION 1207
ELECTRICAL ENERGY STORAGE SYSTEMS (ESS)
1207.1.2 Permits. Permits shall be required as set forth in Section 105. 1207.5.7 Vegetation control. Areas within 10 feet on each side of outdoor ESS shall be cleared of combustible vegetation and other combustible growth. The fire code official is authorized to require additional vegetation exclusion and/or management consistent with the hazards and risks of the location where an outdoor ESS is installed.
1207.6.5 Thermal runaway. Where required by table 1207.6 or elsewhere in this code, batteries and other ESS shall be provided with a listed device or other approved method acceptable to the fire code official to prevent, detect and minimize the impact of thermal runaway. 1207.10.3 Permits. Permits shall be required as set forth in Section 105.
Ordinance No. FD 58
CHAPTER 20
AVIATION FACILITIES
SECTION 2001
GENERAL
2001.3 Permits. Permits shall be required as set forth in Section 105.
CHAPTER 21
DRY CLEANING
SECTION 2101
GENERAL
2101.2 Permits. Permits shall be required as set forth in Section 105.
CHAPTER 22
COMBUSTIBLE DUST-PRODUCING OPERATIONS
SECTION 2201
GENERAL
2201.2 Permits. Permits shall be required as set forth in Section 105.
CHAPTER 23
MOTOR FUEL-DISPENSING FACILITIES AND REPAIR GARAGES
SECTION 2301
GENERAL
2301.1 Scope. Automotive motor fuel dispensing facilities, marine motor fuel-dispensing facilities, fleet vehicle motor fuel-dispensing facilities, aircraft motor-vehicle fuel-dispensing facilities, residential fueling operations, and repair garages shall be in accordance with this chapter and the California Building Code, International Fuel Gas Code, California Mechanical Code, and Fire District Standard 23-1. Such operations shall include both those that are accessible to the public and private operations. 2301.2 Permits. Permits shall be required as set forth in Section 105.
CHAPTER 24
FLAMMABLE FINISHES
SECTION 2401
GENERAL
2401.3 Permits. Permits shall be required as set forth in Section 105.
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CHAPTER 25
FRUIT AND CROP RIPENING
SECTION 2501
GENERAL
2501.2 Permits. Permits shall be required as set forth in Section 105.
CHAPTER 26
FUMIGATION AND INSECTICIDAL FOGGING
SECTION 2601
GENERAL
2601.1 Scope. Fumigation and insecticidal fogging operations within buildings, structures, and spaces shall comply with this chapter and the California Food and Agricultural Code, Divisions 6 and 7. Where there are conflicting provisions, the regulations contained in the Food and Agricultural Code shall prevail.
2601.2 Permits. An operational permit is not required to conduct fumigation and insecticidal fogging operations per California State Fire Marshal Informational Bulletin issued 10-03-00. Instead, provide required notification to the fire code official in accordance with Section 2603.3 of this code and the California Business and Professions Code Section 8505.5.
CHAPTER 27
SEMICONDUCTOR FABRICATION FACILITIES
SECTION 2701
GENERAL
2701.5 Permits. Permits shall be required as set forth in Section 105.
CHAPTER 28
LUMBER YARDS AND AGRO-INDUSTRIAL, SOLID BIOMASS AND
WOODWORKING FACILITIES
SECTION 2801
GENERAL
2801.2 Permits. Permits shall be required as set forth in Section 105.
SECTION 2804
FIRE PROTECTION
2804.5 Water supply. An approved fire hydrant / water supply system capable of supplying 1,500 gallons per minute (gpm) fire flow for 2 hours shall be provided within 150 feet of all portions of the
Ordinance No. FD 58
yard. When required fire flow cannot be provided, the fire code official is authorized to impose additional restrictions on pile sizes, locations, and separations.
CHAPTER 29
MANUFACTURE OF ORGANIC COATINGS
SECTION 2901
GENERAL
2901.2 Permits. Permits shall be required as set forth in Section 105.
CHAPTER 30
INDUSTRIAL OVENS
SECTION 3001
GENERAL
3001.2 Permits. Permits shall be required as set forth in Section 105.
CHAPTER 31
TENTS, TEMPORARY SPECIAL EVENT STRUCTURES,
AND OTHER MEMBRANE STRUCTURES
SECTION 3101
GENERAL
3101.1 Scope. Tents, temporary special event structures, and membrane structures shall comply with this chapter, Fire District Standard 4-1, and Fire District Standard 31-1. The provisions of Section 3103 are applicable only to temporary tents and membrane structures. The provisions of Sections 3104 and 3106 are applicable to temporary and permanent tents and membrane structures. The provisions of Section 3105 are applicable to temporary special event structures. The provisions of Section 3106 are applicable to inflatable amusement devices. The provisions of Section 3107 are applicable to outdoor assembly events. Other temporary structures shall comply with the California Building Code.
SECTION 3103
TEMPORARY TENTS AND MEMBRANE STRUCTURES
3103.1 General. Tents and membrane structures used for temporary periods of 30 days or less shall comply with this section and Section 3106. Tents and membrane structures used for a period of 31 to 180 days shall comply with the California Building Code. Other temporary structures erected for a period of 180 days or less shall comply with the California Building Code. 3103.4 Permits. Permits shall be required as set forth in Section 105. 3103.8.2 Location. Tents or membrane structures shall not be located within 20 feet of lot lines, buildings, other tents or membrane structures, drive aisles available for vehicular use, parked
Ordinance No. FD 58
vehicles, or internal combustion engines. For the purpose of determining required distances, support ropes and guy wires shall be considered as part of the temporary membrane structure or tent.
SECTION 3105
TEMPORARY SPECIAL EVENT STRUCTURES
3105.3 Permits. Permits shall be required as set forth in Section 105. 3105.4 Use period. Temporary special event structures erected in accordance with ANSI E1.21 shall not be erected for a period of more than 30 days.
SECTION 3106
OUTDOOR ASSEMBLY EVENTS
3106.1 Scope. Outdoor assembly events shall comply with this section, Chapter 4 as applicable, and all applicable Fire District Standards.
3106.2.2 Permits. Permits shall be required as set forth in Section 105.
CHAPTER 32
HIGH-PILED COMBUSTIBLE STORAGE
SECTION 3201
GENERAL
3201.1 Scope. High-piled combustible storage shall be in accordance with this chapter and Fire District Standard 32-1. In addition to the requirements of this chapter, the following material-specific requirements shall apply:
Note: No changes to the numbered list.
3201.2 Permits. Permits shall be required as set forth in Section 105.
SECTION 3205
HOUSEKEEPING AND MAINTENANCE
3205.7 Designation of storage heights and areas. Where required by the fire code official, a visual method of indicating the maximum allowable storage height and area shall be provided.
SECTION 3206
GENERAL FIRE PROTECTION AND LIFE SAFETY FEATURES
3206.7 Fire department access doors. Where fire department access doors are required by Table 3206.2, fire department access doors shall be provided in accordance with Sections 3206.7.1 through 3206.7.9.
3206.7.3 Access to doors. An all-weather surface of either asphalt or concrete not less than 3 feet in width is required to provide a continuous pathway connecting the exterior landings of the fire access doors. Fire department access doors shall be able to be accessed without the use of a ladder.
Ordinance No. FD 58
3206.7.9 Identification of fire department access doors. Required access doors in any building with a gross floor area greater than 10,000 square feet shall be marked in accordance with Fire District Standard 5-5.
SECTION 3208
RACK STORAGE
3208.3 Flue spaces. Rack storage areas protected with an automatic sprinkler system shall be provided with flue spaces in accordance with Table 3208.3. Required flue spaces shall be maintained. 3208.3.1 Flue space protection and identification. Flue spaces required by Table 3208.3 above the first tier of storage in single-, double-, or multiple-row rack storage installations shall be identified and equipped with approved protection devices in accordance with this section and Fire District Standard 32-1. Such devices and means of identification shall not be removed or modified.
SECTION 3209
AUTOMATED STORAGE
3209.1 General. Automated storage shall be in accordance with this section and Fire District Standard 32-1.
CHAPTER 33
FIRE SAFETY DURING CONSTRUCTION AND DEMOLITION
SECTION 3301
GENERAL
3301.1 Scope. This chapter shall apply to structures in the course of construction, alteration, or demolition, including those in underground locations. This chapter shall also apply to the site and operations associated with construction, alteration, or demolition. Compliance with NFPA 241 and/or Fire District Standard 33-3 is required for items not specifically addressed in this chapter. 3301.3 Site safety plan. A site safety plan shall be provided in accordance with Section 3303 and Fire District Standard 33-3.
3301.4 Construction permits. Construction or building permits shall not be issued until the fire code official inspects and approves required fire apparatus access and water supply for the construction site.
The issuance of building permits with regard to the requirements of this section shall be in accordance with Fire District Standard 33-1.
SECTION 3303
OWNER’S RESPONSIBILITY FOR
FIRE PROTECTION AND SITE SAFETY
3303.1 Program development and maintenance. The owner or owner’s authorized agent shall be responsible for the development, implementation, and maintenance of an approved, written site safety plan establishing a fire prevention and site safety program at the project site applicable throughout all
Ordinance No. FD 58
phases of the construction, repair, alteration, or demolition work. The plan shall address the requirements of this chapter, other applicable portions of this code, and Fire District Standard 33-3. The plan is required to include the duties of staff and staff training requirements. The plan shall be submitted and approved by the fire code official before a building permit is issued. Any changes to the plan shall be submitted for approval. The approved site safety plan is required to be provided to everyone who is working on the site and reviewed with those who visit the site.
SECTION 3304
TEMPORARY HEATING EQUIPMENT
3304.1 Listed and approved. Temporary heating devices shall be listed and labeled. The installation, maintenance, and use of temporary heating devices shall be in accordance with the listing and the manufacturer’s instructions. Installation and/or use of temporary heating devices requires prior approval by the fire code official.
SECTION 3305
PRECAUTIONS AGAINST FIRE, DAMAGE, AND INJURY
3305.4 Open burning and outdoor fires. Open burning and outdoor fires as defined by Fire District Standard 3-1 are prohibited at sites where construction, alteration, and/or demolition work is being performed.
3305.5 Fire watch and safety standby. Where required by the fire code official or the site safety plan established in accordance with Section 3303.1, a fire watch and safety standby shall be provided for building demolition and for building construction in accordance with section 403.11.1 and Fire District Standard 9-2.
3305.5.1 Fire watch and safety standby during construction. A fire watch and safety standby shall be provided during non-working hours for construction, alteration, or demolition where the building exceeds 30 feet in height above the lowest adjacent grade at any point along the building perimeter, for new multistory construction with an aggregate area exceeding 10,000 square feet of floor area, or as required by the fire code official and Fire District Standard 33-3.
Exception: Group R-3 occupancies.
3305.5.2 Fire watch and safety standby personnel. Trained personnel shall be provided to serve as an on-site fire watch and safety standby in accordance with Section 403.12.1. The combination of fire watch duties and site security duties is acceptable. 3305.6 Hot work. Welding, cutting, grinding, soldering or brazing with open flame torches, torch applied processes, and any other hot work or use of open flame devices is required to be conducted under a hot work program administered by the site safety director in accordance with Chapter 35, Fire District Standard 33-3, and Fire District Standard 35-1.
3305.8 Cooking and food warming. Cooking and food warming, including the use of microwave ovens and portable electrical devices, shall be prohibited except in approved designated cooking and food warming areas separated from combustible materials by a minimum of 20 feet. Signs with a minimum letter height of 3 inches and a minimum brush stroke of ½ inch shall be posted in conspicuous locations in designated cooking and food warming areas and state:
Ordinance No. FD 58
DESIGNATED COOKING AND FOOD WARMING AREA.
COOKING AND WARMING FOOD OUTSIDE OF A DESIGNATED COOKING AND FOOD WARMING AREA IS PROHIBITED.
Cooking and food warming restrictions and the location of designated cooking and food warming areas are required to be included in the site safety plan.
SECTION 3310
FIRE AND EMERGENCY REPORTING
3310.1.1 Cellular enabled devices. Cellular enabled devices are an approved equivalent means of communication and can be used in place of emergency telephone facilities when the street address of the construction site is stored in the device and when an alternate emergency telephone number is programmed into the device. The primary phone number for requesting fire suppression and other emergency services is 9-1-1.
SECTION 3311
ACCESS FOR FIRE FIGHTING
3311.1 Required access. Approved vehicle access for fire fighting shall be provided to all construction or demolition sites. Vehicle access shall be provided to within 50 feet of temporary or permanent fire department connections. Vehicle access shall be provided by either temporary or permanent roads capable of supporting vehicle loading under all weather conditions. Vehicle access shall be maintained until permanent fire apparatus access roads are available. Temporary fire apparatus access roadways shall be in accordance with Fire District Standard 33-2.
SECTION 3313
WATER SUPPLY FOR FIRE PROTECTION
3313.1 When required. An approved water supply for fire protection, either temporary or permanent, shall be made available prior to combustible material arriving on the site. Temporary water supply and fire hydrants shall be in accordance with Fire District Standard 33-2.
Exception: Combustible materials used for the forms for thrust blocks, footings, foundations, slabs, and vertical panels and similar work when approved by the fire code official. 3313.2 Combustible building materials. Prior to combustible building materials of the building under construction being delivered to a site, a minimum fire flow of 1,500 gallons per minute shall be provided.
The fire hydrant or one of the hydrants used to provide this fire flow shall be within 300 feet of the combustible building materials, as measured along an approved fire apparatus access road. Where the site configuration is such that one fire hydrant cannot be located within 300 feet of all combustible building materials, the fire code official is authorized to require additional and/or alternate means of providing adequate water supply for fire protection.
3313.3 Vertical construction of Types III, IV and V construction. Prior to commencement of vertical construction of Type III, IV or V buildings that utilize any combustible building materials, the fire flow required by Sections 3313.3.1 through 3313.3.3 shall be provided, accompanied by fire hydrants in sufficient quantity to deliver the required fire flow and proper coverage.
Ordinance No. FD 58
3313.3.1 Fire separation up to 30 feet. Where a building of Type III, IV or V construction has a fire separation distance of less than 30 feet from property lot lines, the water supply shall provide the entire fire flow required by Appendix B as amended for the building when constructed. 3313.3.2 Fire separation of 30 feet up to 60 feet. Where a building of Type III, IV or V construction has a fire separation distance of 30 feet up to 60 feet from property lot lines, the water supply shall provide a minimum of 1,500 gallons per minute or 50 percent of the fire flow required by Appendix B as amended for the building when constructed, whichever is greater. 3313.3.3 Fire separation of 60 feet or greater. Where a building of Type III, IV or V construction has a fire separation greater than 60 feet from a property lot line, a water supply of 1,500 gallons per minute shall be provided.
3313.5 Standpipe supply. Regardless of the presence of combustible building materials, the construction type or the fire separation distance, where a standpipe is required in accordance with Section 3314, a water supply providing a minimum flow of 1,500 gallons per minute shall be provided. The fire hydrant used for this water supply shall be located within 100 feet of the fire department connection supplying the standpipe.
SECTION 3314
STANDPIPES
3314.1 Where required. In buildings required to have standpipes by Section 905.3.1, not less than one standpipe shall be provided for use during construction. Such standpipes shall be installed prior to construction exceeding 30 feet in height above the lowest level of fire department vehicle access. Such standpipes shall be provided with fire department hose connections at locations adjacent to stairways complying with Section 3312.1. As construction progresses, such standpipes shall be extended to within one floor of the highest point of construction having secured decking or flooring.
SECTION 3318
SAFEGUARDING ROOFING OPERATIONS
3318.1 General. Roofing operations utilizing heat-producing systems or other ignition sources shall be conducted in accordance with Sections 3318.2 and 3318.3, Chapter 35, and Fire District Standard 35-1.
SECTION 3319
WILDLAND-URBAN INTERFACE FIRE AREAS
3319.1 General. Fire safety during construction and demolition in a wildland-urban interface fire area shall be in accordance with this chapter, this section, Chapter 49, and Fire District Standard 49-1. 3319.2 Fire protection plan. A fire protection plan as required by Fire District Standard 49-1 shall be submitted and approved in conjunction with the submittal and approval of plans for a grading or construction permit. Approval of the fire protection plan and completion of vegetation management in accordance with Section 3319.3 are required prior to grading and/or construction permits being approved.
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3319.3 Vegetation management. Approved Zone 0 and Zone 1 vegetation management shall be provided prior to combustible materials arriving on the site and shall be maintained throughout the duration of construction. The fire code official is authorized to require additional vegetation management and/or defensible space when warranted, in the opinion of the fire official, by site-specific conditions.
CHAPTER 34
TIRE REBUILDING AND TIRE STORAGE
SECTION 3401
GENERAL
3401.2 Permits. Permits shall be required as set forth in Section 105.
CHAPTER 35
WELDING AND OTHER HOT WORK
SECTION 3501
GENERAL
3501.1 Scope. Welding, cutting, open torches, and other hot work operations and equipment shall comply with this chapter and Fire District Standard 35-1. 3501.2 Permits. Permits shall be required as set forth in Section 105. 3501.3 Restricted areas. Hot work shall only be conducted in areas designed or authorized for that purpose by the personnel responsible for a Hot Work Program. Hot work shall not be conducted in the following areas unless approval has been obtained from the fire code official:
1. Areas where the sprinkler system is impaired.
2. Areas where there exists the potential of an explosive atmosphere, such as locations where flammable gases, liquids or vapors are present.
3. Areas with readily ignitable materials, such as storage of large quantities of bulk sulfur, baled paper, cotton, lint, dust or loose combustible materials.
4. On board ships at dock or ships under construction or repair.
5. Outdoors in a wildland-urban interface fire area.
6. Other areas or locations as specified by the fire code official.
CHAPTER 37
COMBUSTIBLE FIBERS
SECTION 3701
GENERAL
3701.3 Permits. Permits shall be required as set forth in Section 105.
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CHAPTER 39
PROCESSING AND EXTRACTION FACILITIES
SECTION 3901
GENERAL
3901.3 Permits. Permits shall be required as set forth in Section 105.
CHAPTER 40
STORAGE OF DISTILLED SPIRITS AND WINES
SECTION 4001
GENERAL
4001.2 Permits. Permits shall be required as set forth in Section 105.
SECTION 4003
PRECAUTIONS AGAINST FIRE
4003.3 Sources of ignition. Sources of ignition shall be controlled in accordance with Sections 4003.3.1 through 4003.4.
>4003.3.1 Smoking. Smoking shall be prohibited and “No Smoking” signs provided as follows:
1. Throughout indoor and enclosed areas of the premises.
2. Within 25 feet of outdoor storage, dispensing, or open-use areas.
3. “No Smoking” signs shall be placed at all entrances to buildings and enclosed areas.
4. In outdoor areas where flammable or combustible hazardous materials are stored, dispensed or used.
SECTION 4004
STORAGE
>4004.2 Empty containers. The storage of empty containers previously used for the storage of flammable or combustible liquids shall be stored as required for filled containers.
CHAPTER 48
MOTION PICTURE AND TELEVISION PRODUCTION STUDIO SOUND STAGES,
APPROVED PRODUCTION FACILITIES AND PRODUCTION LOCATIONS SECTION 4803
REQUIRED PERMITS
4803.2 Additional permits. A permit shall be required for:
a) Use of pyrotechnic special effects.
b) Open flames.
c) Flammable or combustible liquids, gases and dust.
d) Hot work.
e) Presence of motor vehicles within a building.
f)Any additional permits required by the fire code official or Section 105.
Ordinance No. FD 58
SECTION 4807
FIRE SAFETY OFFICERS
>4807.1 Where permits are required by the Fire Code, a requirement for standby fire safety officers shall be determined by the fire code official on a case-by-case basis.
SECTION 4811
PRODUCTION LOCATIONS
4811.1 General. This chapter shall apply to production locations. >4811.2 Permits. A permit shall be obtained for any of the activities that follow:
a) Use of pyrotechnic special effects.
b) Open flames.
c) Flammable or combustible liquids, gases and dust.
d) Hot work.
e) Presence of motor vehicles within a building.
f) Tents and canopies regulated by Chapter 31.
g) Any additional permits required by the fire code official or Section 105.
CHAPTER 49
REQUIREMENTS FOR WILDLAND-URBAN INTERFACE FIRE AREAS
SECTION 4901
GENERAL
4901.3 Authority. Construction, vegetation management, and the mitigation of conditions that have the potential to destroy life and/or property, cause environmental damage, or overwhelm fire suppression capabilities due to a fire in the designated wildland-urban interface fire area are required to be in accordance with this code, this chapter, Fire District Standard 49-1, the California Building Code, the California Referenced Standards Code, and the California Residential Code.
SECTION 4903
PLANS
4903.1 General. The fire code official is authorized to require the owner or owner’s authorized agent to provide a fire protection plan. The fire protection plan shall be prepared to determine the acceptability of fire protection and life safety measures designed to mitigate wildfire hazards presented for the property under consideration.
The fire protection plan shall be prepared by a registered design professional, qualified landscape architect, qualified fire safety specialist or similar specialist acceptable to the fire code official and shall analyze the wildfire risk of the building, project, premises or region to recommend necessary changes.
The fire code official is authorized to require a preliminary fire protection plan prior to the submission of a final fire protection plan.
Fire protection plans are required to be in accordance with this chapter and Fire District Standard 49-1.
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Approved fire protection plans are required to be recorded on the parcel or parcels to which the plan pertains by filing the fire protection plan with the County Recorder as an agreement between the property owner and the Fire District that runs with the land.
SECTION 4906
VEGETATION MANAGEMENT
4906.1 General. Planting of vegetation for new or replacement landscaping shall be selected to reduce non-fire-resistant vegetation in proximity to a structure and to maintain vegetation as it matures. 4906.2 Application. All new plantings of vegetation in State Responsibility Areas (SRA) and Local Responsibility Areas (LRA) designated as a Very High Fire Hazard Severity Zone shall comply with Sections 4906.3 through 4906.5.3.
4906.3 Landscape plans. Landscape plans shall be provided when required by the enforcing agency.
The landscape plan shall include development and maintenance requirements for the vegetation management zone adjacent to structures and roadways, and to provide significant fire hazard reduction benefits for public and firefighting safety.
4906.3.1 Contents. Landscape plans shall contain the following:
1. Delineation of the 5-foot combustible exclusion zone.
2. Delineation of the 30-foot and 100-foot fuel management zones from all structures, or alternatively the 50-foot and 100-foot fuel management zones as allowed Fire District Standard 49-1.
3. Identification of existing vegetation to remain and proposed new vegetation.
4. Identification of irrigated areas.
5. A plant legend with both botanical and common names, and identification of all plant material symbols.
6. Identification of ground coverings within the 30-foot or 50-foot zones. 4906.4 Vegetation. All new vegetation shall be compatible with the climate zone in which it will be planted and resistant to fire and frost/freeze damage. Vegetation that is also drought tolerant is preferred. To be considered compatible with the climate zone in which it will be planted, resistant to fire and frost/freeze damage, and/or drought tolerant, vegetation is required to meet at least one of the following:
1. Be identified as compatible with the climate zone in which it will be planted, resistant to fire and frost/freeze damage, and/or drought tolerant in an approved book, journal or listing from an approved organization.
2. Be identified as compatible with the climate zone in which it will be planted, resistant to fire and frost/freeze damage, and/or drought tolerant by a licensed landscape architect with supporting justification.
3.Plants considered compatible with the climate zone in which it will be planted, resistant to fire and frost/freeze damage, and/or drought tolerant by the local enforcing agency. >4906.4.1 Shrubs. All new plantings of shrubs shall comply with the more restrictive provisions of Fire District Standard 49-1.
>4906.4.2 Trees. Trees shall be managed in accordance with the more restrictive provisions of Fire District Standard 49-1.
SECTION 4907
Ordinance No. FD 58
DEFENSIBLE SPACE
4907.3 Requirements. Hazardous vegetation and fuels around all buildings and structures shall be maintained in accordance with the following laws, regulations, and standards:
1. Public Resources Code, Section 4291.
2. California Code of Regulations, Title 14, Division 1.5, Chapter 7, Subchapter 3, Article 3, Section 1299.03.
3. California Government Code, Section 51182.
4. California Code of Regulations, Title 19, Division 1, Chapter 7, Subchapter 1, Section 3.07.
5. Fire District Standard 49-1.
SECTION 4908
FIRE SAFE DEVELOPMENT REGULATIONS
4908.2 Subdivision map findings. Pursuant to Government Code (GC), Section 66474.02, before approving a tentative map, or a parcel map for which a tentative map was not required, for an area located in an SRA or an LRA Very High Fire Hazard Severity Zone, as both are defined in GC Section 51177, the Board of Directors, except as provided in GC Subsection 66474.02(c), shall make findings regarding compliance with the SRA Fire Safe Regulations and the availability of structural fire protection and suppression services. The authority to make said findings can be delegated to the fire code official in accordance with the Fire Protection District Law of 1987. These findings and accompanying map shall be transmitted to the Board of Forestry and Fire Protection and comply with the requirements in Title 14, Division 1.5, Chapter 7, Subchapter 1, Article 1.
CHAPTER 50
HAZARDOUS MATERIALS – GENERAL PROVISIONS
SECTION 5001
GENERAL
5001.5 Permits. Permits shall be required as set forth in Section 105. >Permittees shall apply for approval to permanently close a storage, use, or handling facility. Such application shall be submitted at least 30 days prior to the termination of the storage, use, or handling of hazardous materials. Such application shall be accompanied by an approved facility closure plan in accordance with Section 5001.6.3. The 30-day period is not applicable when approved based on special circumstances requiring such waiver.
SECTION 5004
STORAGE
5004.14 Outdoor storage location. Outdoor storage areas for hazardous materials shall be located as required by Section 5003.12 except where material-specific requirements, including requirements in referenced standards, are provided in other chapters of this code. The fire code official is authorized to impose more restrictive requirements on outdoor storage locations when the materials being stored create or have the potential to create an odor or other nuisance to adjacent Group A, M, or R occupancies.
Ordinance No. FD 58
SECTION 5005
USE, DISPENSING, AND HANDLING
5005.3.3 Outdoor location. Outdoor dispensing and use areas for hazardous materials shall be located as required by Section 5003.12 except where material-specific requirements, including requirements in referenced standards, are provided in other chapters of this code. The fire code official is authorized to impose more restrictive requirements on outdoor use, dispensing, and handling locations when the materials being used, dispensed, or handled create or have the potential to create an odor or other nuisance to adjacent Group A, M, or R occupancies.
CHAPTER 51
AEROSOLS
SECTION 5101
GENERAL
5101.2 Permits. Permits shall be required as set forth in Section 105.
CHAPTER 53
COMPRESSED GASES
SECTION 5301
GENERAL
5301.2 Permits. Permits shall be required as set forth in Section 105.
CHAPTER 54
CORROSIVE MATERIALS
SECTION 5401
GENERAL
5401.2 Permits. Permits shall be required as set forth in Section 105.
CHAPTER 55
CRYOGENIC FLUIDS
SECTION 5501
GENERAL
5501.2 Permits. Permits shall be required as set forth in Section 105.
Ordinance No. FD 58
CHAPTER 56
EXPLOSIVES AND FIREWORKS
SECTION 5601
GENERAL
5601.1.4 Rocketry. For rocketry requirements see Fire District Standard 56-1 and California Code of Regulations, Title 19, Division 1, Chapter 6, reprinted in Sections 5610, 5611, and 5612. 5601.2 Permits. Permits shall be required as set forth in Section 105. 5601.7 Seizure. The fire code official is authorized to remove or cause to be removed or disposed of in an approved manner, at the expense of the owner, explosives, explosive materials or fireworks offered or exposed for sale, stored, possessed or used in violation of this chapter; the Municipal Code; and California Code of Regulations Title 19, Division 1, Chapter 6. Any seizure or removal pursuant to this section shall be in compliance with all applicable regulations, statutes, and laws.
SECTION 5608
FIREWORKS DISPLAY
5608.1 General. Outdoor fireworks displays; use of pyrotechnics before a proximate audience; and pyrotechnic special effects in motion picture, television, theatrical, and group entertainment productions shall comply with this section, California Code of Regulations, Title 19, Division 1, Chapter 6; and Fire District Standard 56-2.
[California Code of Regulations, Title 19, Division 1, §980-1006] Article 13. General Safety Requirements
§991.7 Firing. All public display of fireworks shall be electrically fired. Electrical firing circuits are required to be in accordance with Article 13.5.
Article 15. Public Display
>§999. Mortars, Aerial Shells
(a) General.
(1) Electric firing shall be required for all mortars, cakes, Roman candles, set pieces, and any other fireworks or effects included as part of a public display. Electrical firing circuits are required to be in accordance with Article 13.5.
(2) Multiple-break shells that include a salute as one of the breaks shall be fired in HDPE mortars only.
>§1003. Operation of Display.
(d) Firing.
(1) All firing shall be done upon order or signal of the licensed pyrotechnic operator controlling the display.
(2) Electric firing shall comply with all of the requirements of Article 13.5 of this chapter. (3) Upon conclusion of firing, no unauthorized person shall be permitted access to the firing area until the licensed pyrotechnic operator has determined the area to be safe and secure. (4) Electric firing shall be required for all mortars, cakes, Roman candles, set pieces, and any other fireworks or effects included as part of a public display. Electrical firing circuits are required to be in accordance with Article 13.5.
Ordinance No. FD 58
SECTION 5611
MODEL ROCKETS
[California Code of Regulations, Title 19, Division 1, §1020-1028] Article 17. Model Rockets
§1022. Model Rocket Standards and Use.
(a) Model rocket standards and use shall comply with: Fire District Standard 56-2 and N.F.P.A. 1122, the Code for Unmanned Rockets, Chapter 3, Sections 3-1.1 through 3-1.10, Chapter 4, Chapter 5, Chapter 6 and Appendix A-2-(1987), which is incorporated by reference herein except for Appendices A-2.3 and A-2.4.
§1023. Storage and Sale. No model rocket motors shall be stored, sold or offered for sale at retail unless such model rocket motors have been classified by the California State Fire Marshal. §1024. Restrictions. The provisions of this article shall not be used to establish the authority to possess, launch or use experimental unlimited or experimental/high powered rocket motors.
SECTION 5612
EXPERIMENTAL HIGH POWER ROCKETS AND MOTORS
[California Code of Regulations, Title 19, Division 1, §1030-1039] Article 18. Experimental High Power Rockets and Motors
>§1030. General. Experimental high power rockets and motors are prohibited.
Note: All other subsections of Article 18 are deleted.
SECTION 5613
EMERGENCY SIGNALING DEVICES
[California Code of Regulations, Title 19, Division 1, §1045-1046] Article 19. Emergency Signaling Devices
>§1045. Fire Hazard. The use of an emergency signaling device creates a fire hazard. The use of an emergency signaling device is prohibited.
§1046. License Required. Manufacturers of emergency signaling devices whose manufacturing operations take place in California must possess a valid fireworks manufacturing license from the State Fire Marshal to manufacture emergency signaling devices.
Ordinance No. FD 58
CHAPTER 57
FLAMMABLE AND COMBUSTIBLE LIQUIDS
SECTION 5701
GENERAL
5701.4 Permits. Permits shall be required as set forth in Section 105.
SECTION 5704
STORAGE
5704.2.7.6 Repair, alteration or reconstruction of tanks and piping. The repair, alteration or reconstruction, including welding, cutting and hot tapping of storage tanks and piping that have been placed in service, shall be in accordance with NFPA 30 and Fire District Standard 57-1. Hot work, as defined in Section 202, on such tanks shall be conducted in accordance with Section 3510.
5704.2.9.6.1 Locations where above-ground tanks are prohibited. Storage of Class I and II liquids in above-ground tanks outside of buildings is prohibited in accordance with the appliable provisions of this section, Chapter 50, and the Municipal Code. 5704.2.13 Abandonment and status of tanks. Tanks taken out of service shall be removed in accordance with Section 5704.2.14 and Fire District Standard 57-1, or safeguarded in accordance with Sections 5704.2.13.1 through 5704.2.13.2.3 and API 1604. 5704.2.14 Removal and disposal of tanks. Removal and disposal of tanks shall comply with Sections 5704.2.14.1 and 5704.2.14.2 and Fire District Standard 57-1. >5704.3.3.4 Empty containers or portable tank storage. The storage of empty tanks and containers previously used for the storage of flammable or combustible liquids shall be stored as required for filled containers and portable tanks. Portable tanks and containers, when emptied, shall have the covers or plugs immediately replaced in openings. 5704.3.3.9 Idle combustible pallets. Storage of empty or idle combustible pallets inside an unprotected liquid storage area shall be limited to a maximum pile size of 500 square feet and to a maximum storage height of 6 feet. Storage of empty or idle combustible pallets inside a protected liquid storage area shall comply with NFPA 13. Pallet storage shall be separated from liquid storage by aisles that are at least 8 feet wide.
SECTION 5706
SPECIAL OPERATIONS
5706.2.4.4 Locations where above-ground tanks are prohibited. Storage of Class I and II liquids in above-ground tanks outside of buildings is prohibited in accordance with the appliable provisions of this section, Chapter 50, and the Municipal Code.
Ordinance No. FD 58
CHAPTER 58
FLAMMABLE GASES AND FLAMMABLE CRYOGENIC FLUIDS
SECTION 5801
GENERAL
5801.2 Permits. Permits shall be required as set forth in Section 105.
SECTION 5806
FLAMMABLE CRYOGENIC FLUIDS
5806.2 Limitations. Storage of flammable cryogenic fluids in stationary containers outside of buildings is prohibited in accordance with the appliable provisions of this section, Chapter 50, and the Municipal Code.
CHAPTER 59
FLAMMABLE SOLIDS
SECTION 5901
GENERAL
5901.2 Permits. Permits shall be required as set forth in Section 105.
CHAPTER 60
HIGHLY TOXIC AND TOXIC MATERIALS
SECTION 6001
GENERAL
6001.2 Permits. Permits shall be required as set forth in Section 105.
CHAPTER 61
LIQUEFIED PETROLEUM GASES
SECTION 6101
GENERAL
6101.2 Permits. Permits shall be required as set forth in Section 105.
Ordinance No. FD 58
SECTION 6104
LOCATION OF LP-GAS CONTAINERS
6104.2 Maximum capacity within established limits. Within the limits established by law restricting the storage of liquefied petroleum gas for the protection of heavily populated or congested areas, the aggregate capacity of any one installation where LP-gas is the primary source of heat shall not exceed a water capacity of 2,000 gallons in any location determined by the fire code official to create an unacceptable hazard to persons and/or property.
Exceptions:
1. In particular installations, this capacity limit shall be determined and may be reduced by the fire code official, after consideration of special features such as topographical conditions, nature of occupancy, and proximity to buildings, capacity of proposed containers, degree of fire protection to be provided, and capabilities of the local fire department.
2. Where LP-gas is not the primary source of heat, the aggregate capacity of LP-gas in use and storage on properties with a Group R use shall not exceed 100 pounds or the maximum allowed by this code, whichever is less.
SECTION 6107
SAFETY PRECAUTIONS AND DEVICES
6107.4 Protecting containers from vehicles. Where exposed to vehicular damage due to proximity to alleys, driveways or parking areas, LP-gas containers, regulators and piping shall be protected in accordance with NFPA 58 and Section 312.
6107.5 Container orientation. Containers in multiple-container stationary installations and containers in storage shall be oriented with relation to one another such that the length axes of the containers are parallel.
Exception: Portable containers.
SECTION 6109
STORAGE OF PORTABLE LP-GAS CONTAINERS AWAITING USE OR RESALE 6109.13 Protection of containers. LP-gas containers shall be stored within a suitable enclosure or otherwise protected against tampering. Where required by the fire code official, vehicle impact protection shall be provided in accordance with NFPA 58 and Section 312.
Exception: Deleted
CHAPTER 62
ORGANIC PEROXIDES
SECTION 6201
GENERAL
6201.2 Permits. Permits shall be required as set forth in Section 105.
Ordinance No. FD 58
CHAPTER 63
OXIDIZERS, OXIDIZING GASES, AND OXIDIZING CRYOGENIC FLUIDS SECTION 6301
GENERAL
6301.2 Permits. Permits shall be required as set forth in Section 105.
CHAPTER 64
PYROPHORIC MATERIALS
SECTION 6401
GENERAL
6401.2 Permits. Permits shall be required as set forth in Section 105.
CHAPTER 65
PYROXYLIN (CELLULOSE NITRATE) PLASTICS
SECTION 6501
GENERAL
6501.2 Permits. Permits shall be required as set forth in Section 105.
CHAPTER 66
UNSTABLE (REACTIVE) MATERIALS
SECTION 6601
GENERAL
6601.2 Permits. Permits shall be required as set forth in Section 105.
CHAPTER 67
WATER-REACTIVE SOLIDS AND LIQUIDS
SECTION 6701
GENERAL
6701.2 Permits. Permits shall be required as set forth in Section 105.
Ordinance No. FD 58
CHAPTER 80
REFERENCED STANDARDS
Standards of the Rancho Cucamonga Fire Protection District Number Standard Title
1-1 Operational Permits
1-2 Construction Permits
1-3 Appeals
1-4 Unsafe Structures, Equipment, and Operations
2-1 Definitions
3-1 Outdoor Fires
3-2 Open Flames
3-3 General Storage
3-4 Waste Handling and Recycling Facilities
3-5 Weed and Fire Hazard Abatement
3-6 Landscaped and Occupied Roofs
4-1 Outdoor Carnivals, Fairs, and Public Assemblages
4-2 Indoor Tradeshows, Exhibits, and Displays
4-3 Special Amusement Areas
4-4 Seasonal Sales Lots
4-5 Emergency Guides
5-1 Fire Apparatus Access Roads
5-2 Permanent Alternative Material All-Weather Fire Apparatus Access Road 5-3 Residential Gates
5-4 Commercial & Industrial Gates
5-5 Identification of Access Doors in Commercial/Industrial Buildings 5-6 Roof Access
5-7 Multi-Family Residential Building Address Signage
5-8 Commercial/Industrial Building Address Signage
5-9 Knox Boxes
5-10 Fire Protection Water Supply Systems
5-11 Site Plans
6-1 Commercial Cooking Operations
8-1 Schools and Classrooms
9-1 Non-Required Systems
9-2 Systems Out of Service - Fire Watch & Impairment Coordinator 9-3 Automatic Fire Sprinkler Systems
9-4 Fire Extinguishing Systems
9-5 Fire Alarm and Monitoring Systems
9-6 Alarm Signal Verification
11-1 Existing Buildings
12-1 Energy Systems
23-1 Fueling Operations
28-1 Lumber Yards
31-1 Tents, Temporary Special Event Structures, and Other Membrane Structures 32-1 High-Piled Combustible Storage
33-1 Release of Construction Permits
33-2 Temporary Fire Apparatus Access Roads and Hydrants 33-3 Fire Prevention and Site Safety During Construction 35-1 Hot Work
49-1 Wildland-Urban Interface Fire Area
56-1 Model Rockets
56-2 Fireworks
57-1 Hazardous Materials Tank Abandonment and Removal
Ordinance No. FD 58
>APPENDIX A
APPEALS
A101.1 General. Appeals shall be in accordance with Fire District Standard 1-3.
Note: The remainder of Appendix A is deleted and replaced with Fire District Standard 1-3.
APPENDIX B
SECTION B105
FIRE-FLOW REQUIREMENTS FOR BUILDINGS
B105.1 One- and two-family dwellings, Group R-3, R-3.1, and R-4 buildings and townhouses. The minimum fire-flow and flow duration requirements for one- and two-family dwellings, Group R-3, R-3.1, and R-4 buildings and townhouses shall be as specified in Tables B105.1(1) and B105.1(2).
B105.2 Buildings other than one- and two-family dwellings, Group R-3, R-3.1, and R-4 buildings and townhouses. The minimum fire-flow and flow duration for buildings other than one- and two-family dwellings, Group R-3, R-3.1, and R-4 buildings and townhouses shall be as specified in Tables B105.1(2) and B105.2.
Exception: Remains, unchanged.
TABLE B105.1(1)
REQUIRED FIRE FLOW FOR ONE- AND TWO-FAMILY DWELLINGS,
GROUP R-3, R-3.1, AND R-4 BUILDINGS AND TOWNHOUSES
FIRE-FLOW
CALCULATION AREA
(square feet)
AUTOMATIC
SPRINKLER SYSTEM
(Design Standard)
MINIMUM FIRE FLOW
(gallons per minute)
FLOW DURATION
(hours)
0-3,600 No automatic sprinkler
system 1,000 1
3,601 and greater No automatic sprinkler
system
Value in Table
B105.1(2)
Duration in Table
B105.2(2) at the
required fire-flow rate
0-3,600
Section 903.3.1.3 of
the California Fire
Code or Section 313.3
of the California
Residential Code
1,000 1
3,601 and greater
Section 903.3.1.3 of
the California Fire
Code or Section 313.3
of the California
Residential Code
1,000 1
Ordinance No. FD 58
TABLE B105.2
REQUIRED FIRE FLOW FOR BUILDINGS OTHER THAN ONE- AND TWO-FAMILY DWELLINGS, GROUP R-3, R-3.1, AND R-4 BUILDINGS AND TOWNHOUSES
AUTOMATIC SPRINKLER
SYSTEM (Design Standard)
MINIMUM FIRE FLOW
(gallons per minute)
FLOW DURATION
(hours)
No automatic sprinkler system Value in Table B105.1(2) Duration in Table B105.1(2) Section 903.3.1.1 of the
California Fire Code
25% of the value in Table
B105.1(2). See Note (a)
Duration in Table B105.1(2) at
the reduced flow rate
Section 903.3.1.2 of the
California Fire Code
25% of the value in Table
B105.1(2) See Note (b)
Duration in Table B105.1(2) at
the reduced flow rate
(a) The reduced fire flow shall not be less than 1,500 gallons per minute (b) The reduced fire flow shall not be less than 1,500 gallons per minute
APPENDIX N
INDOOR TRADE SHOWS AND EXHIBITIONS
SECTION N101
GENERAL
N101.2 Permits. Permits shall be required as set forth in Section 105.
APPENDIX O
TEMPORARY HAUNTED HOUSES, GHOST WALKS AND SIMILAR AMUSEMENT USES SECTION O101
GENERAL
O101.2 Permits. Permits shall be required as set forth in Section 105 for haunted houses, ghost walks, or similar amusement uses in accordance with Appendix O101.2.1.
Ordinance No. FD 58
SECTION 5. Violation Penalties
It shall be unlawful for any person, firm, partnership, or corporation to violate any provision or to fail to comply with any of the requirements of this Ordinance or the Codes adopted hereby. In addition to any other penalties set forth in this Ordinance, any person, firm, partnership, or corporation violating any provision of this Ordinance or the Codes adopted hereby or failing to comply with any of its requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding the maximum allowed by law or by imprisonment not exceeding six (6) months, or by both such fine and imprisonment. Each person, firm, partnership, or corporation shall be deemed guilty of a separate offense for each and every day or any portion thereof during which any violation of any provision of this Ordinance or the Codes adopted hereby is committed, continued, or permitted by such person, firm, partnership, or corporation, and shall be deemed punishable therefore as provided in this Ordinance.
SECTION 6. Abatement of Nuisance
The violation of any of the provisions of this Ordinance or the Codes adopted hereby shall constitute a nuisance and may be abated by the Board through civil process by means of restraining order, preliminary or permanent injunction, or in any other manner provided by law for the abatement of such nuisances.
SECTION 7. Severability
The Board hereby declares that should any provision, section, paragraph, sentence, or word of this Ordinance or the Code hereby adopted be rendered or declared invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences, and words of this Ordinance and the Codes hereby adopted shall remain in full force and effect.
SECTION 8. Rights Reserved
Nothing in this Ordinance or in the Fire Code hereby adopted shall be construed to affect any suit or proceeding pending in any court, or any rights acquired, or any liability incurred, or any cause or causes of action, or any existing agreement under any ordinance hereby repealed as cited in Section 1 of this Ordinance; nor shall any just or legal right or remedy of any character be lost, impaired, or affected by this Ordinance.
SECTION 9. Publication
The Secretary of the District shall certify to the adoption of this ordinance and shall cause the same or a summary thereof to be published and posted as required by law.
SECTION 10. Date of Effect
This Ordinance shall take effect at 12:01 a.m. on January 2, 2023.
Ordinance No. FD 58
PASSED, APPROVED, AND ADOPTED this day of 2022.
L. Dennis Michael, President
ATTEST:
Janice C. Reynolds, Secretary
I, Janice C. Reynolds, Secretary of the Rancho Cucamonga Fire Protection District, do hereby certify that the foregoing Ordinance was introduced for first reading by the Board of Directors of the Rancho Cucamonga Fire Protection District at a regular meeting of said Board held on the day of , 2022, and was finally passed, approved, and adopted by the Board of Directors of the Rancho Cucamonga Fire Protection District at a regular meeting of said Board held on the day of , 2022.
Executed this day of , 2022 at Rancho Cucamonga, California.
Janice C. Reynolds, Secretary
AYES:
NOES:
ABSENT:
ABSTAINED:
DATE:November 2, 2022
TO:Mayor and Members of the City Council
FROM:John R. Gillison, City Manager
INITIATED BY: Noah Daniels, Finance Director
SUBJECT: Consideration to Receive and File Quarterly Financial Update for the First Quarter of the Fiscal Year 2022/23. (CITY/FIRE)
RECOMMENDATION:
Staff recommends the City Council receive and file the attached quarterly financial update for the first quarter of the Fiscal Year 2022/23.
BACKGROUND:
Quarterly, the City Manager's Office and Finance Department provide the City Council with a brief update on the budgetary status of the City's financial performance. The report includes the City's operating funds consisting of the General Fund, Library Fund, and Fire District. The report also provides economic factors and information to provide meaningful context for the City Council.
ANALYSIS:
The quarterly financial update includes a detailed financial analysis and discussion for the City Council's review and consideration. With 25% of the fiscal year completed, the revenues and expenditures of the General Fund, Library Fund, and Fire District are within the expected ranges.
However, below are summary-level notes and considerations to aid the report's review. •Property tax is a primary source of revenue for the General Fund, Library Fund, and Fire District, and the first apportionment occurs in December. As a result, property tax is below the benchmark of 25% for the first quarter. The General Fund property tax category includes property tax in lieu of vehicle license fees, which are not received until the year's second half. Property taxes are projected to grow by approximately 5% from the last fiscal year.
•Sales tax is a primary source of revenue for the General Fund and is received monthly; however, due to timing, receipts for two months in the first quarter will be received in October and November. For the first quarter receipts, sales tax is at the expected benchmark of 8%, equal to 32% of receipts estimated for the first quarter. Sales tax flows with consumer spending cycles. As such, the first and second quarters of the fiscal year make up a little more than half of the sales tax receipts. •Other primary sources of revenue for the General Fund include franchise fees and transient occupancy taxes (TOT). TOT is received monthly from hotels within the City and is projected to increase by approximately 12% from last year. The increase is due to improving room occupancy and revenue per available room for existing hotels, which directly impact TOT, as well as receipts from Hampton Inn, which began remitting TOT to the City in July 2022. Due to receipt timing with the various franchisees, franchise fees are not received in the first quarter of any year.
1 5
2 5
•Personnel services for the General Fund and Library Fund are below expectations for the first quarter due to various full-time and part-time vacancies. Overall, recruitment of positions has been challenging for the City as unemployed workers are more discriminating about their employment options given low unemployment and abundance of unfilled positions.
•Expenditure categories for operations and maintenance and professional services include encumbrances for services, which sometimes result in spending exceeding the benchmark. Including encumbrances is a conservative budgeting technique that prevents budget overspending by placing commitments against the budget. The year-to-date expenditures for the departments are analyzed individually within the report.
FISCAL IMPACT:
Occasionally, staff may identify necessary budget appropriations during the preparation of this report. However, no bugdet appropriations have been identified for the first quarter.
COUNCIL MISSION / VISION / VALUE(S) ADDRESSED:
Providing the City Council with regular financial updates on the City's financial performance supports the Council's efforts to create an equitable, sustainable, and vibrant city, rich in opportunity for all to thrive, by providing meaningful, timely financial information upon which they can base their current and future decisions that impact the City's finances.
ATTACHMENTS:
Attachment 1 – Quarterly Financial Update – First Quarter of Fiscal Year 2022/23
Quarterly Financial Update
Quarter Ended
September 30, 2022
ATTACHMENT 1
PURPOSE AND OVERVIEW OF THE REPORT
The City Manager’s Office and Finance Department is providing this quarterly financial report to the City Council as a high-level overview of the City's financial status through the prior quarter ended September 30, 2022, as well as an overview of economic indicators that can influence the City's revenues and expenditures.
Th
is report has several components:
1. Quarterly Report: Includes budget to actual variances for revenue and expenditures for July 1, 2022, through September 30, 2022, presenting the percentage of budget received/expended and the revenue/expenditure from the prior year for comparison. Actual expenditures include encumbrances as a conservative budgeting practice. The quarterly report provides this detail for the General Fund , Fire Fund, and Library Fund.
(Pages 1 to 8)
2. Ec
onomic Brief: This report compiles economic information and indicators, such as employment data, sales tax data, and other local and regional economic news. (Pages 9 to 13)
1 EXECUTIVE SUMMARY
A
fter the first quarter of the fiscal year, the City's financial status is in line with expectations. Significant accounts and notable variances are presented in this quarterly financial report.
The
tables in this report compare budgeted to actual
amounts for the General Fund, Fire District , and Library.
The year -to-date (YTD) actuals are unaudited and
presented with encumbrances. The revised budget
includes budget adjustments, encumbrance carryovers,
and any supplemental appropriations approved by City
Council during the quarter. The percent of the budget (% Bud) is the percentage received/spent of the budget. The 2021 Actual shows the comparable actual from the first
quarter of the last year.
Gr
een, yellow, and red colored icons are presented to aid and visualize the financial analysis – green meaning good, yellow monitor, and red alert.
GENERAL FUND OVERVIEW
The
General Fund is the general operating fund for the
City. It includes multiple programs within several
departments that provide direct programs, activities, and services to the citizens and businesses of Rancho
Cucamonga.
W
ith 25% of the fiscal year complete, the General Fund
revenues and expenditures are in an expected range
considering seasonality, carryovers of purchase orders, and adjusting for one-time events from last year.
Op
erating revenues equal 9% of the annual budget versus
20% at this time last fiscal year. However, prior year operating revenues would be at 9% if not for a
retrospective transfer to the General Fund for the
reimbursement of public safety costs from ARPA funding.
Op
erating expenditures equal 19% of the annual budget
versus 24% at this t ime last fiscal year. This report
analyzes the deviation from the prior year in the
departmental level section.
The table above includes departmental and non-
departmental spending. Non -departmental expenditures are excluded from the individual departmental analysis section.
M
ajor Revenues . The primary revenue sources for the
General Fund are property tax, sales tax, franchise fees, and transient occupancy tax. Based on budgeted figures
and receipt schedules, the General Fund 's signif icant revenues are within expected ranges . O ther revenues
with notable variances are highlighted below.
Pr
operty Tax. The first major apportionment of property
tax occurs in December each year. The City partners with a property tax consultant to continually monitor and
project property tax revenues for the City. Based on
projected growth, the budget estimate is 5% more than
the prior year. The property tax revenue category includes Property Tax in Lieu of vehicle license fees in the amount of $23.7 million, which is received in installments, the first being in January of each year. Also included in the revenue category is $3.2 million for residual payments f rom the dissolution of the former redevelopment agency, which is not received until later in the year.
S
ales Tax. Sales tax is a significant revenue source for the City and is monitored closely by City staff and the City 's
2 s
ales tax consultant. The City received the first monthly allocation of sales tax in September. The allocation
represents approximately 32% of the estimated sales tax for the first quarter, and the balance of the first quarter allocations will be received in October and November.
Recent economic indicators , such as inflation of food, general goods, fuel, and Federal Funds rate increases, have the potential to slow taxable sales. However, it is too early to project the impacts of these economic forces, and the upcoming fourth calendar quarter is the largest for sales tax receipts. Therefore, City staff will continue to monitor sales tax projections.
Fr
anchise Fees Transient Occupancy Taxes. Transient
Occupancy Taxes (TOT) and Franchise Fees comprise 15%
of the taxes received by the General Fund. Franchisees
remit payment to the City on recurring schedules, but not in the first quarter of the year. Gas and electric franchise fees are received in the year's final quarte r. Refuse and cable franchise fees are quarterly but received after the quarter's close . TOT is remit ted by hotels to the City monthly. T he pandemic significantly impacted TOT , and exiting the pandemic , the budget estimate projects
growth of approximately 12% from the prior year's
budget, based on forecasted room occupancy and
revenue per available room. Additionally, the City began receiving TOT in July 2022 from the Hampton Inn, and a
new hotel is currently in construction.
L
icenses and Permits . Includes building and engineering permits, which comprise 5% of the budget, and other
miscellaneous licenses. After the end of the first quarter, actual revenue is at 36% of the budget.
Fine
s and Forfeitures. Includes vehicle and parking fines , which comprise 70% of the fines and forfeitures budget, and other gen eral fines and forfeitures. This category includes v ehicle code fines collected by San Ber nardino County and remitted to the City. Parking citations and vehicle release fees are at 17% of the budget, and vehicle fines are at 7%.
C
harges for Services. Includes various plan check and
engineering fees, which comprise 52% of the budget, and recreation fees at 29%. Recreation fees are expected to be higher than last year due to facility closures and limited programs in response to the pandemic. However, there
has been a notable reduction in demand for recreational classes and programs before the pandemic , likely due to customers finding other sources of recreation when
pandemic-related closures occur and not returning to City provided programs. It is uncertain whether this is a
temporary or permanent reduction in demand and is
being monitored. Currently, recreation fees are below
budget expectations at 15%.
I
ntergovernmental. Includes motor vehicle in-lieu fees
and homeowners property tax relief revenues from the
County, which are received later in the year.
Tr
ansfers In. Transfers represent the transfers of
resources from other funds to the General Fund. Through the fiscal years 2021 and 2022, t he City received $26.8 million in State and Local Fiscal Recovery Funds . The City experienced significant revenue loss due to the pandemic in the form of sales tax, transient occupancy taxes, and departmental charges for service revenues. T hese funds had to be used for general government services up to the calculated revenue los s. After the final program rules were published and the revenue loss replacement
calculations were completed, resources for monthly
public safety costs paid by the General Fund were
transferred. For accounting purposes , public safety
expenditures made between July and September 2021 are
retroactively recorded, resulting in the current year's variance.
O
ther Revenues. Includes interest earned on invested
funds, rental and lease income, reimbursements, and
miscellaneous revenues. Reimbursements represent 37%
of this category and are at 25% of the budget after the first quarter. This category includes $250,000 of
reimbursements for the administration of the former
redevelopment agency that are recorded as first and third quarter installments . Recreational and miscellaneous
rental and lease income represent 24% of t his category and are at 14% of the budget.
D
epartmental Expenditures. General Fund departmental
expenditures tend to vary due to operations, the timing of vendor payments, and purchase order carryovers from
the prior year. Therefore, YTD expenditures may be above or below 25% but still within the expected range.
3 G
enerally, personnel services will appear to be higher
than the benchmark of 25% for the quarter due to the
allocation of fringe benefits to departments at the start of the fiscal year. The departmental allocation is based on budgeted positions authorized and adjusted at the end of the year to reflect the actual costs for filled positions .
However, excluding fring e benefits, personnel services are generally below the first quarter's benchmar k due to vacant positions in virtually every department , which
have been challenging to fill. Therefore, the individual departmental highlights illustrate exceptions to this trend or notable activity.
De
partments that provide centralized services to the City have a net reduction in the total budget under Cost
Allocation, representing the estimated costs of services expended within that department to benefit another
fund(s) within the City.
Op
erations and maintenance are slightly above the
benchmark at 27% but are not significant costs.
Op
erations and maintenance and Professional services
exceeded the benchmark at 51% and 67%, respectively,
due to encumbrances for animal care and veterinarian
services totaling $113,540 and $79,690. Actual spending for operations and maintenance through the first quarter is similar to last year. Spending on professional services increased from the previous year due to increased spay and ne utering services performed. Capital outlay
expenditures are higher than the benchmark due to the
purchase order carryover and purchase of a veterinary
ultrasound system in the current year.
Op
erations and maintenance are below the benchmark at
13% but are not significant costs and are similar to last year. Professional services are above the benchmark at
98% due to annual encumbrances for plan check contract
services that assist the department.
Op
erations and maintenance are below the benchmark at
14%, slightly more than last year at 8% . Professional
services are below the benchmark at 3% due to the timing of expenditures for elections occurring in November.
Elections occur in even -numbered years and are a
significant budget ite m for City Clerk and Records
Management Department.
Op
erations and maintenance expenditures are lower than
the benchmark at 1% due to less travel and meeting
activity in the first quarter of this year compared to last year.
Op
erations and maintenance are below the benchmark at
10% and are similar to last year. Operations and
maintenance were lower compared to the prior year due
to Healthy RC ’s Los Amigos Neighborhood project .
Professional services are also below the benchmar k at
16% due to the timing of miscellaneous purchases, such
as office supplies and membership dues.
4 Op
erations and maintenance are below the benchmark at
23% but are not significant costs and are similar to last year. Professional services are below the benchmark at
3% but comparable with actual spending last year after
excluding the prior year’s $105,000 encumbrance for
contract legal services to aid community improvement.
Typical with other professional services, spending for legal costs is driven by need within a department.
P
ersonnel services are below the comparable range with
other departments at 34%. Excluding fringe benefits,
personnel services are 11% of the budget, the same as last year. Similar to other departments, t here have been
delays in filling full- time and part -time vacant positions.
As previously mentioned, the pre- pandemic client base
shows reduced recreational service demand. I n
combination with strains in recruiting, the personnel
services budget will be monitored going into future
quarters. Operations and maintenance and professional
services are below the benchmark at 18% and 15%,
respectively. However, they are higher than last year at 1% and 10%. The pandemic significantly impacted
programming and events , and these accounts will vary
compared to the previous year when pandemic-related
reductions were in e ffect. Capital Outlay for pickleball court construction, digital projectors at the cultural center, theater control system , and other various
purchases have been fully encumbered this quarter for
future purchases.
Op
erations and maintenance are at the benchmark at
26% and are comparable with the last year. Professional services are below the benchmark at 14% and are less
than the prior year at 27%. This variance is due to the prior year's expenditures, including $13,700 of professional
services for the RC Enhanced Infrastructure Financing
District (EIFD) that were expended in the Economic and
Community Department budget and reclassed to the EIFD
Fund after the close of the first quarter. Additionally, $6,300 of professional services for the General Plan were expended in the prior year.
Op
erations and maintenance are above the benchmark at
45% due to a $96,000 NPDES County Permit per
agreement with San Bernardino County Flood Control
District. The r emaining operations and maintenance
budget are at 5% of the budget, the same as last year.
Professional services are above the benchmark at 81%,
and the higher amount is related to encumbrances for
plan check services and other services to aid with the review of large projects.
Op
erations and maintenance and professional services
are above the benchmark at 50% and 80%, respectively,
due to various encumbrances issued at the start of the
year for maintenance and janitorial services . Utilities are above the benchmark at 33% compared with last year at
28%. Gas utilities are up $17,100, or 77%, from last year due to the upwards trends in the usage of gas utilities from operations re suming more City facilities, timing of utility bills, and gas price increases. Electric utilities are up $86,540, or 28%, from last year due to rate increases from October 2021. Utilities will be monitored and adjusted at midyear to reflect costs projected through the end of the year.
Fund Summary Adopted Revised YTD Actual % Bud 2021 Actual Expenditures
Personnel Services 674,380 674,380 286,460 42% 295,680
1.0 Operations & Maintenance 11,950 11,950 2,690 23% 2,440
1.0 Professional Services 188,600 188,600 4,800 3% 105,170
1.0 Total Expenditures 874,930 874,930 293,950 34% 403,290 Community Improvement Expenditures (Rounded)
5 Op
erations and maintenance are below the benchmark at
13%, but the costs are not significant. Professional
services are above the benchmark at 67%, including
$47,130 in encumbrances for tax consultation and
financial services to aid in implementing governmental
accounting standards. Excluding encumbrances, spending
for professional services is similar to last year.
Op
erations and maintenance and professional services
are approximate to the benchmark at 24% and 22%,
respectively. Operations and maintenance s pending
compared to the l ast year is higher due to expenditures for a virtual interview platform and first aid supplies. Also, professional services spending is higher due to
investigative services.
Op
erations and maintenance are above the benchmark at
76% due to the timing of accounting entries. In the current year, Finance recorded the internal charge to the
Computer and Equipment Internal Service Fund was
processed in the first quarter; however, not in the first quarter last year. This internal service charge funds
further purchases of citywide computers and equipment.
Excluding this internal service charge, t he current year would have been similar to last year at 7% . Professional services are above the benchmark at 39%. Professional
services include software subscriptions and other related services. This account will historically vary based on the timing of payments to vendors . Utilities are below the benchmark at 19% and the same as last year.
Op
erations and maintenance are below the benchmark at
6%, but the costs are not significant. Professional services are above the benchmark at 35%. They include
encumbrances of contract services for peer review
services and other additional staff services totaling
$106,900.
Op
erations and maintenance are above the benchmark at
44% and include an annual encumbrance for gasoline to
fuel police vehicles totaling $338,000. Professional
services are at the benchmark of 25% . Professional
services represent the contract with San Bernardino
County Sheriffs to provide police services to the City.
Utilities are approximate to the benchmark at 21% and
not a significant cost. Other expenditures are the
proportionate share of insur ance costs for Police in the Public Safety Facility and are charged quarterly.
T
here are no notable account variances, as operation and maintenance is not a significant cost.
Op
erations and maintenance are above the benchmark at
83%. In the current year, Finance recorded the internal charge to the Vehicles and Equipment Internal Service
Fund, which was processed in the first quarter; however, not in the first quarter last year. This internal service
6 c
harge funds further purchases of city wide vehicles and equipment. Excluding this internal service charge, the
current year would have been similar to last year at 34%.
Professional services are above the benchmark at 81% , but spending is similar to last year. Expenditures for
professional services include $652,900 for park
maintenance and operations , consistent with the
previous year. Utilities are at the benchmark at 25% and similar to last year. The capital outlay budget accounts for the citywide concrete repair program , which will begin later in the year.
FIRE DISTRICT OVERVIEW
The pur
pose of the Fire District is to provide fire
suppression and prevention services to the citizens and businesses within the City. The Fire District comprises the Fire General Fund and Community Facilities Districts (CFD) 85-1 and 88-1. There are seven active fire stations within the City, and one is currently being constructed.
W
ith 25% of the fiscal year complete, the Fire District
revenues and expenditures are in an expected range
considering seasonality, c arryovers of purchase orders, and adjusting for one-time events from last year.
Fire D
istrict Revenues. Operating revenues equal 2 % of
the annual budget versus 1% last year. The primary source of revenue for the Fire District is property tax.
Pr
operty Tax. The first major apportionment of property
tax occurs in December each year. The City partners with a property tax consultant to continually monitor and
project property tax revenues for the Fire District. Based on projected growth, the budget estimate is 5% more
than the prior year. Included in the property tax revenue category is $14.6 million for residual payments from the dissolution of the former redevelopment agency , which
are received later in the year.
CF
Ds 85 -1 and 88 -1 levy special taxes for funding
administration, personnel services, maintenance, and
operations within the CFDs' boundaries. The special tax levy has remained purposefully unchanged for several
years, and the Fire District subsidizes the CFDs. Combined, the CFDs will collect $6.7 million and receive a $3.6 million contribution of resources from the Fire District. The
contribution is shown as a Transfer In (revenue) to the CFDs and Transfers Out (expenditure) from the Fire
District in the summary, revenue, and expenditure tables for the Fire District.
O
ther Notable Variances. Other revenue includes interest earned on invested funds, rental and lease income,
reimbursements, and mis cellaneous revenues.
Reimbursements from the Other Post -Employment
Benefits (OPEB) Trust for the retiree healthcare costs
comprise 55% and other non-abated reimbursements,
which primarily consist of CalOES, comprise 32%, totaling 87% of the category budget . Finance requests
reimbursements from the OPEB Trust for retiree
healthcare costs near the end of each fiscal year, and
reimbursement from CalOES for fire support depends on
the timing of reimbursement receipts processing by the state agency.
Fire D
istrict Expenditures . Operating expenditures are
27% of the annual budget versus 21% last year.
7 Fir
e District personnel services incur fringe benefits as
incurred. Personnel services are lower than the
benchmark at 21% and are comparable to last year at
22%. The budget for personnel services includes the nine new staff for Fire Station 178 , anticipated to be hired in January 2023.
Op
erations and maintenance are above the benchmark at
36%, less than last year at 52%. The decrease is due to the timing of the general liability insurance premium of
$556,000 being paid after the first quarter , and adjusting for this payment, the category is similar to the prior year.
P
rofessional services are above the benchmark at 41%
and are more than last year at 39%. Professional services include a variety of encumbrances for recurring services totaling $716,100. Spending is consistent with the
previous year.
U
tilities are approximate to the benchmark and similar to last year at 25%.
Cap
ital outlay accounts for ADA improvements at Fire
Station 174, which will occur later in the year.
D
ebt service accounts for the interfund loan between the Fire District and the General Fund. The interest
component of the interfund loan is shown as debt service for the Fire District. This interfund loan will be fully repaid in October 2023.
Co
st allocation represents the estimated service cost s
that City departments expend to benefit the Fire District.
The City charges cost allocation at the start of each fiscal year.
Ot
her expenditures include reimbursements to the City
for shared costs and services, miscellaneous expenditures which occur during the year, and primarily Fire District CalPERS unfunded actuarial liability (UAL) payments. The UAL payment of $3.7 million comprises 80% of the budget for the category, and the payment occurs near the end of the year.
LIBRARY FUND OVERVIEW
Wi
th 25% of the fiscal year complete, the Library Fund
revenues and expenditures are in an expected range
considering seasonality, carryovers of purchase orders, and adjusting for one-time events from last year.
Li
brary Revenues . Operating revenues equal 1% , the
same as last year. The primary source of revenue for the Library is property tax.
Pr
operty Tax. The first major apportionment of property
tax occurs in December each year. The City partners with a property tax consultant to continually monitor and
project property tax revenues for the Library Fund. Based on projected growth, the budget estimate is 5% more
than the prior year. Included in the property tax revenue category is $140,000 for residual payments from the
dissolution of the former redevelopment agency , which
are received later in the year.
O
ther Notable Variances. Other revenue includes interest earned on invested fu nds, rental and lease income,
reimbursements, miscellaneous revenues, contributions,
and fundraising. Support from the RC Library Foundation comprises 79% of the category budget.
8 L
ibrary Expenditures. Operating expenditures were 41%
of the annual budget versus 42% last year.
Sim
ilar to the City, personnel services for the Library will appear to be higher than the benchmark of 25% for the
quarter due to the allocation of fringe benefits to
departments at the start of the fiscal year. Excluding
fringe benefits, personnel services for the Library Fund are below the benchmark at 14%, similar to last year. Like
other City departments, the Library Fund has experienced delays in filling full-time and part-time vacancies.
Op
erations and maintenance are above the benchmark at
73%, the same as last year. At the start of each year, the Library encumbers funding for printed and digital book
materials and supplies for the two libraries , and the
spending at the end of the first quarter includes $529,100 in encumbrances.
P
rofessional services are above the benchmark at 62% ,
higher than last year at 52%. The timing of payments to vendors impacts the category . For example, the vendor
for the one subscription service was paid at the end of the first quarter of this year and in the third quarter of last year.
U
tilities are below the benchmark at 16%, similar to last year, and not a significant cost to Library.
Cap
ital outlay represents the planned purchase for
another 24/7 Library Material Kiosk that will be installed outside Fire Station 178. The installation will occur later , most likely in the third or fourth quarter of the year.
Co
st allocation represents the estimated service cost s
that City departments expend to benefit the Library. The City charges cost allocation at the start of each fiscal year.
Tra
nsfers out are at the benchmark of 25%, the same as
last year. This category represents the transfer of
resources to the Library Capital Project Fund to construct the Secord Story and Beyond Project at Paul Biane Library.
These transfers are charged quarterly.
Ot
her expenditures include unplanned programming and
miscellaneous expenses during the year. This category will vary depending on actual activity.
9 ECONOMIC BRIEF
A
s the City moves from Q1 2022-23 into Q2, signs of a change are clear. While inflation is declining slowly, it remains stubbornly high. Interest rates are rapidly rising, which is affecting the housing market. Long lead times and supply chain delays remain, and the economy is beginning to adjust to the changes in demand.
U
nemployment Rate
Based on preliminary data for August 2022, the City unemployment rate is 3.1 %, up 0.2% from July 2022 and 2 .6% from one year ago.
The C
ity unemployment rate is favorable compared with:
• At a regional level, San Bernardino County unemployment rate was 4.2 % in August, up 0.3% from July and down
3.3% from one year ago.
• At a statewide level, California unemployment rate was 4.1 % in August, up 0.2 % from July and down 2.9% from one year ago. In August 2022, the unemployment rate increased in 53 out of 58 counties in California. • At a national level, the U.S. unemployment rate was 3.7% in August, up 0.2% from July and down 1.5% from one y
ear ago.
Th
e table below summarizes August compared to the previous month and year.
The
City unemployment rate is very favorable when analyzed against comparable cities in San Bernardino County. The following graph illustrates the C ity's and other cities' unemployment rates compared with the San Bernardino County unemployment rate.
2.0%
2.5%
3.0%
3.5%
4.0%
4.5%
5.0%
5.5%
Rancho
Cucamonga
Chino Chino Hills Fontana Ontario San
Bernardino
Upland
Unemployment Rate By City
County Unemployment Rate Unemployment Rate
10 Historically, the City's unemployment rate is favorable compared to San Bernardino County. The graph below illustrates the annual unemployment rate for ten years and the available months for the current year for the City and San Bernardino County.
La
bor Force
The labor force is another economic indicator of the labor market's health. The labor force includes all persons classified as employed or unemployed. However, it does not include unemployed people that are not looking for work. Thus, t he size of the labor force demonstrates the number of people looking for work and how likely they feel they can get a job.
Over the last year, job resignations have reached new highs. Monitoring the labor force will indicate whether workers are leaving or finding new jobs.
At
a statewide level, forty- five of the 50 sub-state areas recor ded year-over employment gains in August. T he City labor force increased by 600 compared to July and by 4,200 from August 2021. On the year-over change, unemployed workers decreased by 2,400, and employed workers increased by 6,600, indicating that workers seeking employment could find jobs. The table below summarizes the labor force for August compared to the previous month and the previous year. Note that the totals and net totals are rounded.
8.7%
7.4%
6.0%
4.8% 4.5%
3.8%
3.2% 2.9%
7.9%
5.4%
4.0%
3.6%
3.2%
2.8% 2.5%
3.0% 2.9% 3.1%
11.6%
9.9%
8.1%
6.5%
5.8%
5.0%
4.1% 3.9%
9.7%
7.4%
5.7%
5.0%
4.3%
3.8%
3.4%
4.0% 3.9% 4.2%
0.00%
2.00%
4.00%
6.00%
8.00%
10.00%
12.00%
14.00%
Jan Feb Mar Apr May Jun Jul Aug
2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022
Unemployment Rates History
Rancho Cucamonga
San Bernardino County
11 An increasing labor force and total employment are positive economic indicators. The labor force has increased by 14,500, and employment has risen by 18,900 since 2012. The graph below illustrates the annual labor force and employment numbers for the City over ten years and the completed periods for the current year. The gap between the labor force and full employment represents unemployment in terms of people rather than as a percentage rate. The tight gap indicates that even though anything below 5% unemployment is considered "full employment," few people are left without a job.
Choices abound, albeit workers are far more discriminating than ever about where and for whom they choose to work.
Consumer Price Index
The Consumer Price Index (CPI) measures the average change over time in the prices consumers pay for goods and services. The CPI provides a way to compare what goods and services cost this month with the same cost a month or year ago.
The CPI is the most widely used measure of inflation and provides information about price changes in the economy.
However, CPI is not a cost -of-living index. A cost -of-living index is a conceptual measurement goal and not a straightforward alternative to CPI, as a cost-of-living index measure changes needed to reach a certain "standard of living." Instead, CPI reflects changes in the prices of goods and services over a period and does not go beyond other factors.
CPI is calculated at regular intervals within urban or metropolitan areas to allow for a combination of factors impacting price change for items to take effect. The table below illustrates the CPI for all urban consumers for 2021 through the completed 2022 year. The City refers to the CPI for the Riverside-San Bernardino-Ontario Area. 0 20,000
40,000
60,000
80,000
100,000
120,000
Jan Feb Mar Apr May Jun Jul Aug
2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022
Employment and Labor Force
Sum of Employment
Sum of Labor Force
12 The Federal Reserve Bank of Cleveland calculates the median CPI to measure core inflation while removing highly volatile commodities—such as food and energy prices which are largely set by global markets. Median CPI is calculated by ranking the highest inflation rate to the lowest (each item is weighted by consumer spending), then using the item in the middle of the pack for the measurement. The result is that average price trends can be identified when the highest and lowest inflation rates are removed for any given time. The graph below shows that the median CPI has been steadily rising over the last year and is at its highest level in decades. The concern is that overall inflation impacts more than a handful of outlier categories.
Sales Tax
Sales tax ha s grown rapidly coming out of the pandemic , fueled by internet sales and accumulated cash . As a general statement, revenue growth more often than not, is followed by more growth. Despite this trend, there are some definite headwinds to contend with, including:
• Five (5) increases to the Federal Fund's interest rate to date , some as large as 75 basis points, with more hikes expected if inflation does not soon begin moderating
• Fuel price instability caused by both supply and demand factors -1
0 1
2 3
4 5
6 7
8 9
10 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022
Median Consumer Price Index
Median CPI CPI Core CPI
13 • Stock market retreat as equities are substantially negative in terms of returns for the calendar year • Rising consumer prices could further weaken consumer confidence, and households may begin to pull back on discretionary purchases
• Rising employee costs and worker shortages are holding back rebounds in hospitality and travel • Pandemic cycles may impact future spending patterns
At the end of the City’s fourth quarter (June 2022), the City's top five sales tax -producing sectors included casual dining, service stations, discount department stores, building materials, and new motor vehicle dealers. At the end of the City's first quarter (September 2022), the EV auto sales business, which produced the majority of sales tax for new motor vehicle sales, relocated its point-of-sale location outside the City. As a result, the City will no longer receive sales tax receipts from this business. For the other sectors, the e conomic forces highlighted above have a meaningful impact on each of these sectors:
• Escalating costs and staffing shortages present ongoing challenges for casual dining and restaurants • Shoppers of general consumer goods might be shifting spending to cover higher food and gas prices • Increases in the cost of materials, particularly building materials, will likely be passed on to consumers
These are just cautionary economic indicators suggesting a slowdown could be on the horizon. However, much of the fiscal year lies ahead, and there remains significant uncertainty about how much these larger economic forces will shape the impact on taxable sales for the City. Therefore, at this point, the City is cautiously monitoring things and proceeding conservatively.
The graph below illustrates the quarterly sales tax receipts by quarter for several years , adjusted as noted in the prior section for the loss of auto sales in the current fiscal year . Based on forecasts for FY 2023, sales tax has exceeded pre - pandemic levels. Additionally, this graph demonstrates a repeated trend for sales tax receipts, whereby the fourth quarter of the calendar year is the most significant quarter for the City.
Q3 Q4 Q1 Q2
Quarterly Sales Tax Receipts
2019 2020 2021 2022 2023 (Forecast)
DATE:November 2, 2022
TO:Mayor and Members of the City Council
FROM:John R. Gillison, City Manager
INITIATED BY: Matt Marquez, Director of Planning and Economic Development SUBJECT: Consideration to Approve Submittal of a Letter of Interest for Participation in the San Bernardino Regional Housing Trust. (CITY)
RECOMMENDATION:
Staff recommends that the City Council approve the submittal of a Letter of Interest for Participation in the San Bernardino Regional Housing Trust.
BACKGROUND:
In response to an increased need for access to affordable housing across the San Bernardino region, the lack of sufficient funding to produce needed affordable housing, due in part to the dissolution of redevelopment, and an increased interest in solutions to comprehensively address regional housing needs, the San Bernardino Council of Governments (SBCOGG)/San Bernardino County Transportation Authority (SBCTA), referred to as the SBCOG, is developing pathways for increased funding to support housing related programs. One such pathway is the establishment of a regional housing trust fund, which would serve as a funding mechanism to support housing programs. A housing trust fund is a program or independent organization that raises funding to dedicate to housing construction, preservation, and rehabilitation, often concentrated on affordable housing, homeless housing services, down payment assistance, gap financing, supporting housing trusts, and related activities. The goals of a housing trust are to create affordable housing and/or homelessness solutions by leveraging new funding sources.
In 2021, in response to increasing concern around the region’s housing shortage, the City/ County Managers Technical Advisory Committee (CCMTAC) of the SBCOG formed an adhoc subcommittee (Subcommittee). The Subcommittee expressed interest in exploring the feasibility of implementing a housing trust fund for the San Bernardino region. In response to the request of the Subcommittee, in January 2022, SBCOG released a Draft San Bernardino Regional Housing Trust White Paper that details the potential benefits, structures, and an assortment of relevant case studies regarding the formation of a Regional Housing Trust Fund. In the White Paper, it is recommended that a housing trust serving the San Bernardino Region be structured as a Joint Powers Authority (JPA) made up of participating members with a non-profit component that allows the Housing Trust to solicit and accept private donations. It is further recommended that a Housing Trust should be administered by SBCOG to utilize existing staff resources and expertise related to the pursuit of regional grant funds and to better connect housing with regional transportation efforts.
The SBCOG is in the process of identifying jurisdictions interested in participating in the regional housing trust. They are requesting submittal of a letter form jurisdictions interested in participating.
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ANALYSIS:
Housing supply is one of the most critical issues today facing the State of California, including San Bernardino County. The state and county face a significant housing supply and affordability crisis spurred by high land costs, rising construction costs, and limited financing options. The vision for the San Bernardino Regional Housing Trust (SBRHT) is to attract significant funding and affordable housing development interest into the San Bernardino region. Goals include:
1. Increasing and preserving the region’s affordable housing supply
2. Attracting affordable housing developers
3. Increasing housing opportunities
4. Protecting against displacement and poor housing conditions Through strong participatory governance, member jurisdictions will work to increase the region’s affordable housing supply, reduce household overcrowding, increase equitable access to community resources, and provide financial relief for vulnerable and cost-burdened households.
Trust Funds in California & Membership
There are at least 48 affordable housing trusts in California, whose members include more than 60 local jurisdictions. Housing trusts in Southern California include the West Hollywood Affordable Housing Trust Fund, the Orange County Housing Finance Trust, the Skid Row Housing Trust, the Santa Monica Citywide Housing Trust Fund, the County of Ventura Housing Trust Fund, the newly formed San Gabriel Valley Regional Housing Trust, and others. A local government would take formal action to join the housing trust fund JPA by adopting a resolution at the local level.
Following local approval, the administrating agency, potentially SBCOG, would approve their membership and certify that the jurisdiction has paid membership dues and is compliant with other membership requirements.
Funding a Housing Trust & Benefits
Housing trusts receive financial support from a variety of sources. Some of the most common categories of funding include dedicated funding from local jurisdictions, State and federal grants, bonds, and private donations. Importantly, there are significant funding sources that are only accessible to housing trusts. There are a variety of benefits of affordable housing trust funds. In general, they provide a variety of quality housing types and options for those who might otherwise struggle to afford it. This includes support for lower and middle-income earners such as teachers, service workers, warehouse and logistics personnel, and other essential workers. Depending on how they are administered, benefits can also include: providing housing and supportive services for individuals and families experiencing homelessness; bringing outside money to the region, not otherwise accessible; and improving the quality of existing affordable housing to improve quality of life for residents and neighbors. Effective housing trusts achieve these outputs by leveraging new funding sources, rather than redirecting existing funding sources.
Trust Fund Administration & Costs
To maximize stability and access to funding sources, the housing trust fund would most likely be structured as a hybrid nonprofit-Joint Powers Authority (JPA). The housing trust could potentially leverage the administrative support and executive leadership of SBCOG to achieve efficiencies and would have oversight from its governing board. The trust would establish a JPA with those that choose to participate. SBCOG could administer the trust and the costs to the agency would be offset by the housing trust fund’s resources. SBCOG’s existing staffing infrastructure is skilled in all requisite administrative areas including executive leadership, financial accounting, and administration, making SBCOG an ideal candidate for housing trust fund administration.
Based on research into successful programs across the state, SBCOG estimates that an
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affordable housing trust fund will require approximately $230,000 in annual contributions from participating jurisdictions for the first five to ten years of operation until the fund achieves financial independence. Member dues will be based on a combination of factors, such as the jurisdiction’s population, jobs, and anticipated growth and may range from $1,500 to $50,000, depending on which factors are selected, how many jurisdictions choose to participate, and local characteristics.
Operations of the housing trust is determined through the development of an Administrative Plan which would establish a board of directors responsible for managing housing trust fund activities and goals. These approved activities could include new construction of affordable housing, predevelopment activities for affordable housing, down payment assistance for first-time homebuyers, preservation or rehabilitation of existing affordable housing, support for community land trusts, and establishment of housing and supportive services for people experiencing homelessness.
Steps to Establishing a Regional Housing Trust & Timeline The creation of the SBRHT is envisioned to occur through the following steps:
1.Identify Participating Jurisdictions
2. Draft Administrative Plan
3. REAP 2.0 Funding Application
4. Establish a Joint Powers Authority (JPA)
5. Adopt Administrative Plan
A draft timeline of events for the creation of the housing trust is as follows:
Source: SBCOG
As part of step 1 of the formation process, staff is asking the City Council to approve submittal of a letter of interest to participate in the SBRHT. It is important to note that submittal does not bind the City to participate in the trust. However, should the City choose to participate and then choose to opt out at a later date, the jurisdiction would have the ability to do so by adopting a resolution rescinding membership at the local level. Typically, this is required at least six months prior to the start of a new fiscal year.
FISCAL IMPACT:
The subject item will not create a fiscal impact at this time. However, should the City choose to become a member of the SBRHT, membership dues will be required on an annual basis.
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COUNCIL MISSION / VISION / VALUE(S) ADDRESSED:
Goals of the SBRHT include increasing the regions affordable housing supply and protecting against displacement and poor housing conditions. The subject item is consistent with the City Council’s core values, as it serves to provide and nurture a high quality of life for all; building and preserving a family-oriented atmosphere; intentionally embracing and anticipating the future; and contributing to equitable prosperity for all.
ATTACHMENTS:
Attachment 1 - Draft Letter of Interest
November 2, 2022
Ray
mond W. Wolfe, Executive Director
San Bernardino Council of Governments
1170 W. Third Street, 2nd Floor
San Bernardino, California
92410
RE:
INTEREST IN PARTICIPATING IN SAN BERNARDINO REGIONAL HOUSING TRUST Dear
Mr. Wolfe,
The C
ity of Rancho Cucamonga is interested in participating in the San Bernardino Regional Housing Trust (SBRHT) to be established by the San Bernardino Council of Governments (SBCOG). Through the SBHRT, the City of Rancho Cucamonga intends to further the SBHRT’s goal to attract significant funding and affordable housing development interest into the San Bernardino region.
The C
ity of Rancho Cucamonga anticipates that SBCTA/SBCOG will administer SBRHT and that each participating Party shall make annual contributions toward the budgeted administrative costs of SBRHT.
In return, SBRHT will provide services and support to the region and its Parties to carry out the purpose of SBRHT.
Thi
s letter of interest is not a commitment, and we are providing this letter only to further the planning for the establishment of the SBRHT. Final commitment to join the SBHRT will be subject to Rancho Cucamonga City Council approval, funding availability, and other factors.
Shoul
d you have any questions regarding Rancho Cucamonga’s interest, please contact Matt Marquez, Director of Planning & Economic Development at [email protected] or at (909) 477-2750 Ext. 4308.
Si
ncerely,
L.
Dennis Michael
Mayor
City of Rancho Cucamonga
Attachment 1
DATE:November 2, 2022
TO:Mayor and Members of the City Council
FROM:John R. Gillison, City Manager
INITIATED BY: Robert Neiuber, Human Resources Director
SUBJECT: Consideration to Approve the City Manager's Amended and Restated Employment Agreement. (CITY)
RECOMMENDATION:
Staff recommends that the City Council approve the attached amended and restated employment agreement between the City Council of the City of Rancho Cucamonga and the City Manager, John R. Gillison.
BACKGROUND:
On July 6, 2011, the City Council approved an employment contract with John Gillison to serve as City Manager with an effective date of September 1, 2011. That agreement provides for performance reviews with consideration for annual merit salary increases. The agreement has been amended from time to time since originally approved.
ANALYSIS:
City Council members recently completed their performance evaluation of John Gillison. The performance evaluation covered the period of November 2021 to November 2022. Based on the overall performance rating from that evaluation, the City Council directed staff to negotiate a contract amendment to reflect a merit increase in his performance. The proposed contract amendment would provide a two percent (2%) merit increase. The merit increase is consistent with the personnel rules as applied to all other city employees. The amendment would also provide that the City contribute an additional two percent (2%) of the Employee’s base salary into the Employee’s Health Reimbursement Arrangement (HSA), for a total of 13%. In addition, the amendment would provide that the City contribute an additional one percent (1%) of the Employee’s base salary into the employee’s 457 plan. Finally, the amendment would allow Mr.
Gillison, on a one-time basis, to convert up to 160 hours of sick time into vacation time. The effective date would be the first full pay period after Council approval. This amendment incorporates those changes and restates the original contract and incorporates all of the previous amendments into one document.
Staff recommends that the City Council approve the attached amended and restated City Manager’s contract.
FISCAL IMPACT:
The changes to the contract will result in an annual increase of $20,100.
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COUNCIL MISSION / VISION / VALUE(S) ADDRESSED:
Approving this amendment to the City Manager’s contract provides the ongoing leadership necessary to forward the Mission, Vision, Core Values, and Goals of the City Council.
ATTACHMENTS:
Attachment 1 - Amended and Restated Employment Agreement
AMENDED AND RESTATED EMPLOYMENT AGREEMENT
THIS AGREEMENT is made and entered into and shall be effective as of the 7th day of November 2022, by and between the CITY OF RANCHO CUCAMONGA, California, a Municipal Corporation, hereinafter called the “City,” and JOHN ROBERT GILLISON, hereinafter called “Employee.”
RECITALS
A. City desires to retain the services of Employee in the position of City Manager, and Employee desires to continue employment as City Manager of the City; B. The City Council desires to:
(1) Retain the services of Employee.
(2) Encourage the highest standards of fidelity and public service on the part of Employee.
(3) Provide a just means for terminating Employee’s employment and this Agreement when City may desire to do so;
C. The parties further desire to establish, amend, and restate the Employee’s conditions of employment. This agreement represents a restatement of the Employee’s prior Employment Agreement and previous amendments and supersedes all other agreements as of the effective date.
NOW, THEREFORE, in consideration of the mutual covenants hereinafter contained the parties agree as follows:
1. Duties. City hereby employs Employee as City Manager of City, Appointing Authority of the Rancho Cucamonga Fire District, and Executive Director of the Rancho Cucamonga EIFD Public Financing Authority to perform the functions and duties of the City Manager, Executive Director and Appointing Authority as specified in City’s Municipal Code and to perform such other legally permissible and proper duties and functions as the City Council may from time to time assign to Employee. Employee agrees to devote Employee’s full time and effort to the performance of this Agreement and to remain in the exclusive employ of City and not to become otherwise employed while this Agreement is in effect without the prior written approval of the City Council.
2. Hours of Work. Employee shall maintain a regular work schedule consistent with that approved by the City Council for other management employees of the City.
Employee's duties may involve expenditures of time in excess of ten (10) hours per day and/or forty (40) hours per week, and may also include time outside normal office hours such as attendance at City Council meetings. Employee shall not be entitled to additional compensation for such time. The parties agree that Employee's occasional absences from City Council meetings may be excused in accordance with Section 2.08.130 of the Rancho Cucamonga Municipal Code.
ATTACHMENT 1
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3. Term. This Agreement shall be effective November 7, 2022, and will remain in force and effect until terminated as provided herein.
4. Salary. Effective November 7, 2022, the City shall pay Employee for the performance of Employee's duties as City Manager under this Agreement, a monthly salary of $27,968. This is a regular annual merit increase of 2% from step 1813 to step 1817 on the City's salary range for City Manager.
Salary and/or benefit adjustments shall be considered by the City Council annually in conjunction with Employee's annual performance evaluation pursuant to paragraph 8 of this Agreement. Employee shall be eligible for regular annual merit increases in the same amount and manner as provided for other Executive Management employees in the City's Personnel Rules and Regulations and then effective Executive Management Memorandum of Understanding. In addition, Employee shall receive non-merit increases in the same amount and at the same time as that provided to other Executive Management employees. City shall not, at any time during the term of this Agreement, reduce Employee's salary or benefits unless such reduction is imposed across-the-board for all Executive Management employees of the City.
5. Benefits. Employee shall receive the same benefits, including leave accruals and cash out provisions, holidays and other benefits on the same terms and conditions as provided to other Executive Management employees, with the following exceptions:
a.Deferred Compensation – City shall contribute 1% more than the highest amount provided to any other Executive Management employee in the employee’s 401a plan.
b. City shall contribute 17% + $1,000.00 of Employee’s salary to Employee’s 401a plan. City shall contribute an additional 1% of Employee's salary into Employee's 457 plan, for a total of 1% + $500. c. Employee shall pay eight percentage points of his PERSable compensation towards the CalPERS member contribution This eliminates the Employee Paid Member Contribution (EPMC) for the City Manager.
It is understood that all contributions paid by the Employee as described in Paragraph 5c above shall be calculated based upon the full base salary of the Employee, plus any additional PERSable compensation.
The City adopted a resolution providing that all employee CalPERS contributions shall be deducted on a pre-tax basis to the extent permitted by law or IRS regulation.
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d. City shall contribute an additional 2% of Employee’s base salary into the Retirement Health Savings Program. for a total of 13%. e. Employee shall have a separate City Manager Employee Wellness benefit allowing for an annual physical examination. The City shall cover an amount up to the cost of a Loma Linda executive wellness physical examination.
f. City agrees that Employee may convert 160 hours of sick leave into vacation leave on a one-time basis before December 31, 2022.
6. General Expenses and Business Equipment. City recognizes that certain expenses of a non-personal and job-related nature may be incurred by Employee. City agrees to reimburse Employee for reasonable expenses which are authorized by the City budget and which are supported by expense receipts, statements or personal affidavits, and audit thereof in like manner as other demands against the City.
7. Official and Professional Development Expenses. City shall pay reasonable sums for professional dues and subscriptions for Employee necessary in the judgment of the City Council for Employee’s continued participation in associations and organizations, which memberships are necessary and desirable for the continued professional development of Employee and for the good of the City, such as the League of California Cities, International City/County Management Association, American Society for Public Administration, and California City Management Foundation. Notwithstanding the foregoing, the City Council shall have discretion to establish appropriate amounts, in the annual City budget or otherwise, for official and professional development expenses and travel costs.
8. Performance Evaluation. The City Council shall review and evaluate Employee's performance annually beginning on or before November 1, of each subsequent year.
9. Indemnification. City shall defend, hold harmless and indemnify Employee against any claim, demand, judgment, or action of any type or kind arising within the course and scope of Employee’s employment to the extent required by Government Code Sections 825 and 995.
10. Other Terms and Conditions of Employment.
(A) The City Council may from time to time fix other terms and conditions of employment relating to the performance of Employee, provided such terms and conditions are not inconsistent with or in conflict with the provision of this Agreement, the Municipal Code, or other applicable law.
(B) The provisions of the City’s Personnel Rules and Regulations (“Rules”) shall apply to Employee to the extent they explicitly apply to the position of City Manager,
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except that if the specific provisions of this Agreement conflict with the Rules, the terms of this Agreement shall prevail. Without limiting the generality of the exception noted in the previous sentence, however, no provision of the Rules or this Agreement shall confer upon Employee a property right in Employee’s employment or a right to be discharged only upon cause during Employee’s tenure as City Manager. At such times as Employee is serving as City Manager, Employee is an at-will employee serving at the pleasure of the Council and may be dismissed at any time with or without cause, subject only to the provisions of this Agreement. (C) Employee shall be exempt from paid overtime compensation and from Social Security taxes other than the mandatory Medicare portion of such taxes.
11. General Provisions.
(A) This Agreement constitutes the entire agreement between the parties. City and Employee hereby acknowledge that they have neither made nor accepted any other promise or obligation with respect to the subject matter of this Agreement. This Agreement may be amended only by a writing signed by Employee, approved by the City Council, and executed on behalf of the City.
(B) If any provision or any portion of this Agreement is held to be unconstitutional, invalid or unenforceable, the remainder of the Agreement shall be deemed severable and shall not be affected and shall remain in full force and effect. (C) This Agreement may be terminated by City upon delivery of notice to Employee, with or without cause subject only to the requirements of paragraph 12 below. Notice of termination (Employee’s resignation) to City shall be given in writing to City, either by personal service or by registered or certified mail, postage prepaid, addressed to City as follows:
Mayor
City of Rancho Cucamonga
10500 Civic Center Drive
Rancho Cucamonga, CA 91730
Any notice to Employee shall be given in a like manner, and, if mailed, shall be addressed to Employee at the address then shown in City’s personnel records. For the purpose of determining compliance with any time limit stated in this Agreement, a notice shall be deemed to have duly given (a) on the date of delivery, if served personally on the party to whom notice is to be given, or (b) on the second (2nd) calendar day after mailing, if mailed in the manner provided in this section to the party to whom notice is to be given. Notwithstanding the forgoing, this Agreement shall automatically terminate on the death or permanent disability of Employee and Employee agrees to give City not less than 30 calendar days’ written notice of his resignation. The City also agrees to provide Employee written notice of intent to terminate not less than 30 calendar days of the effective date of his termination. Further, Employee shall not be removed from office, other than for cause or a ground or grounds delineated in Exhibit “A” hereto, during or
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within a period of ninety days succeeding any general or special municipal election in which a new city councilmember is elected, or when a new city councilmember is appointed. (D) If an action at law or in equity is necessary to enforce or interpret this Agreement, the prevailing party in that action shall be entitled to reasonable and actual attorneys’ fees and costs with respect to the prosecution or defense of the action. (E) A waiver of any of the terms and conditions of this Agreement shall not be construed as a general waiver by the City and the City shall be free to enforce any term or condition of this Agreement with or without notice to Employee notwithstanding any prior waiver of that term or condition.
12. Termination and Severance. City may terminate this contract without cause only upon a four-fifths vote of the entire City Council. If City terminates this contract without such cause as hereinafter defined, then City shall pay Employee the total of eighteen (18) months base salary paid in eighteen (18) consecutive equal installments as severance at or prior to Employee's last day of employment. City may terminate this contract with cause at any time upon three-fifths vote to the City Council, upon any of the grounds delineated in Exhibit "A" hereto. Employee shall have no right to receive severance if terminated for cause.
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IN WITNESS WHEREOF the parties have executed this Agreement as of the day and year first above written.
EMPLOYEE CITY OF RANCHO CUCAMONGA
_________________________ ______________________________ John Robert Gillison L. Dennis Michael
CITY MANAGER MAYOR
Approved as to form: ATTEST:
_________________________ ______________________________ Nicholas Ghirelli CITY CLERK
CITY ATTORNEY
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EXHIBIT “A”
GROUNDS FOR TERMINATION
1. Incompetency such as failure to comply with the minimum standards for Employee’s position for a significant period of time.
2. Neglect of duty, such as failure to timely perform the duties required of Employee’s position.
3. Dishonesty involving employment.
4. Being under the influence of alcohol or intoxicating drugs while on duty.
5. Addiction to or habitual use of alcoholic beverages, narcotics or any habit forming drug which interferes with Employee’s ability to deliver public service.
6. Absence without leave.
7. Conviction of a crime or conduct constituting a violation of state law which interferes with Employee’s ability to deliver public service.
8. Improper or unauthorized use of City property.
9. Employee’s failure to resolve a physical or mental infirmity(s) or defect(s) affecting job performance when it is within the capacity of the employee to do so.
10. Acceptance from any source of any emolument, reward, gift or other form of remuneration in addition to Employee’s regular compensation, as a personal benefit to the employee for actions performed in the normal course of Employee’s assigned duties.
11. Falsification of any City report or record or of any report or record required to be, or, filed by Employee.
12. A breach of Employee’s employment agreement.