Agenda packet — Redlands City Council, November 1, 2022 (part 3 of 4)

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CLOSED-END MOTOR VEHICLE LEASE AGREEMENT

CALIFORNIA

47. True Lease; Security Interest. <RXDQGZHLQWHQGWKDWWKLV/HDVHIRUDOOSXUSRVHVFRQVWLWXWH V D³WUXHOHDVH´RIWKH9HKLFOHDQGQRWD³¿QDQFHG lease” or a secured transaction under the laws of any state. However, if for some reason a court or arbitrator determines that this Lease constitutes D³¿QDQFHGOHDVH´RUDVHFXUHGWUDQVDFWLRQ\RXJUDQWXVDVHFXULW\LQWHUHVWDWWKDWWLPHWRWKHH[WHQWSHUPLWWHGE\ODZLQWKH9HKLFOHLQFOXGLQJDQ\ SURSHUW\QRZRUODWHULQVWDOOHGLQRUDI¿[HGWRWKH9HKLFOHLQDOOSURFHHGVGHULYHGIURPWKH9HKLFOHLQ\RXUVHFXULW\GHSRVLWLQWKHSURFHHGVRIDQ\ insurance relating to persons or property and the proceeds of all Guaranteed Automobile Protection and other optional products, including return of unearned premiums and unearned charges.

48. Electronic Records and Signatures and Conversion to Paper. You agree to use electronic records and electronic signatures to document this contract. Your electronic signatures will have the same effect as signatures on a paper contract.

There will be one authoritative copy of this contract. It will be the electronic copy in a document management system we designate for storing it. We may convert the authoritative copy to a paper original. We will do so by printing one paper copy marked “Original.” This paper original will have your electronic signature on it. It will have the same effect as if you had signed it originally on paper.

ARBITRATION

$UELWUDWLRQ3URYLVLRQYou agree that any claims arising from or relating to this Lease or related agreements or relationships, including the validity, enforceability, arbitrability or scope of this Provision, at your or our election, are subject to arbitration. This includes, without limitation, claims in contract, tort, pursuant to statute, regulation, ordinance or in equity or otherwise, and claims asserted by us against you and by you against us, and the following Covered Parties: Toyota Lease Trust, Toyota Motor Credit Corporation, Lexus Financial Services, Toyota Motor Insurance Services, Inc., and/or any RIRXURULWVDI¿OLDWHVDQGRUDQ\RIRXURUWKHLUHPSOR\HHVRI¿FHUVVXFFHVVRUVDVVLJQVRUDJDLQVWDQ\WKLUGSDUW\SURYLGLQJDQ\SURGXFWRUVHUYLFHLQ FRQQHFWLRQZLWKWKLV/HDVH$Q\DUELWUDWLRQVKDOOEHDGPLQLVWHUHGE\HLWKHU-$06 LWVUXOHVPD\EHREWDLQHGDWDQ\RILWVPDQ\RI¿FHVQDWLRQZLGHRU online at www.jamsadr.com), or any arbitration provider that either party may choose subject to the other’s approval, which may not be unreasonably withheld. The applicable rules of the selected arbitration provider shall govern, except that in the event of any inconsistency between those rules and this Provision, this Provision shall prevail. Such claims shall be resolved in accordance with (i) the Federal Arbitration Act (the “FAA”); (ii) the selected DUELWUDWLRQSURYLGHU¶VUXOHVDQGSURFHGXUHVLQHIIHFWDWWKHWLPHWKHFODLPLV¿OHG DQG
LLL
WKLV3URYLVLRQ$Q\DUELWUDWLRQKHDULQJDWZKLFK\RXDSSHDUVKDOO be conducted at a location that is reasonably convenient to where you live. The Arbitrator shall apply applicable substantive law consistent with the FAA (and not any state law concerning arbitration) and shall award such remedies, if any, that would be available in court if arbitration had not been elected.

If you cannot afford to pay and cannot obtain a waiver of the fees charged by the Arbitrator or if you believe that such fees are or will be prohibitively expensive or excessive, we and the Covered Parties will entertain in good faith any reasonable written request by you for us and the Covered Parties to pay or reimburse you for all or part of such fees. In addition, we will pay the selected arbitration provider’s fees for all claims under $15,000. For claims above that amount, the selected arbitration provider’s fee shall be covered equally by the parties. In the event we prevail, we agree not to seek recovery of our attorneys’ fees from you. If you prevail and the Arbitrator awards you an amount higher than our last written settlement offer before the Arbitrator was selected, we will pay you double your attorney’s fees and the maximum claim that may be brought in small claims court in the county of your billing address. :HWKH&RYHUHG3DUWLHVDQG\RXDUHSURKLELWHGIURPSDUWLFLSDWLQJLQDQ\W\SHRIUHSUHVHQWDWLYHDFWLRQLQFOXGLQJDFODVV DFWLRQRUSULYDWHDWWRUQH\JHQHUDODFWLRQ:HWKH&RYHUHG3DUWLHVDQG\RXDUHDOVRSURKLELWHGIURPVHHNLQJDQ\UHOLHIRQDUHSUHVHQWDWLYH RUFODVVEDVLVYou will not be subject to this Provision for any individual claim brought by you in small claims court or your state’s equivalent court, unless such claim is transferred, removed or appealed to a different court. IF ANY PARTY ELECTS ARBITRATION WITH RESPECT TO A CLAIM, NEITHER YOU NOR WE NOR ANY COVERED PARTY WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM IN COURT; TO HAVE A JURY TRIAL ON THAT CLAIM; OR TO PARTICIPATE AS A REPRESENTATIVE OR MEMBER OF ANY CLASS OF CLAIMANTS PERTAINING TO SUCH CLAIM.

THE ARBITRATOR’S DECISION WILL BE FINAL AND BINDING EXCEPT AS MAY BE PROVIDED IN THE FAA. This Provision will survive your full payment of this Lease; our sale or transfer of this Lease; any repossession of the Vehicle; and your (or our) bankruptcy.

By checking the “opt-in” box and signing below, you agree that at the request of either you or us any controversy or claim between you and us shall EHGHWHUPLQHGE\QHXWUDOELQGLQJDUELWUDWLRQXQGHUWKH)HGHUDO$UELWUDWLRQ$FW GH¿QLWLRQVWHUPVDQGFRQGLWLRQVGHVFULEHGLQWKH$UELWUDWLRQ3URYLVLRQ
,)<28'2127:,6+72%(%281'%<7+($5%,75$7,213529,6,21&+(&.7+(³237287´%2;$1'6,*1%(/2:%\FKHFNLQJDER[ and signing below, you agree that you have read and received a copy of the Arbitration Provision.

F OPT IN: You agree to be bound by the Arbitration Provision.

F OPT OUT: You do not wish to be bound by the Arbitration Provision.

Lessee Co-Lessee
K K
X
N/A
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CLOSED-END MOTOR VEHICLE LEASE AGREEMENT

CALIFORNIA

LEASE SIGNATURES AND NOTICES
%\VLJQLQJEHORZ\RXDFNQRZOHGJHWKDW

<RXKDYHUHDGWKHHQWLUH
/HDVHLQFOXGLQJDOOSDJHV

<RXDJUHHWRDOORIWKHSURYLVLRQVRIWKLV
Lease; (3) This is a lease; you have no ownership interest in the Vehicle unless and until you exercise your option to purchase set forth in this Lease.
1RWLFHWRWKH/HVVHH

'RQRWVLJQWKLV/HDVHEHIRUH\RXUHDGLWRULILWFRQWDLQVDQ\EODQNVSDFHVWREHÀOOHGLQ

<RXDUHHQWLWOHGWR
DFRPSOHWHO\ÀOOHGLQFRS\RIWKLV/HDVH

:DUQLQJ²8QOHVV
DFKDUJHLVLQFOXGHGLQWKLV/HDVHIRUSXEOLFOLDELOLW\RUSURSHUW\GDPDJH LQVXUDQFHSD\PHQWIRUWKDWFRYHUDJHLVQRWSURYLGHGE\WKLV/HDVH <RXDFNQRZOHGJHWKDW\RXKDYHUHFHLYHGDFRPSOHWHO\ÀOOHGLQFRS\RIWKLV/HDVH

Notice Regarding Assignment.$VSDUWRIDOLNHNLQGH[FKDQJHSURJUDP70&&KDVHQJDJHG74,([FKDQJH//& ³74,´
DVDTXDOL¿HGLQWHUPHGLDU\
/HVVRULVKHUHE\QRWL¿HGWKDW70&&KDVDVVLJQHGWR74,LWVULJKWV EXWQRWLWVREOLJDWLRQV
LQDJUHHPHQWVWRDFTXLUHWKH9HKLFOH
Acceptance and Assignment: The Lessor hereby accepts this Lease and assigns to the Toyota Lease Trust all rights, title and interest in this Lease and in the Vehicle, and Lessor’s rights under any guaranty executed in connection with this Lease, with full powers to Toyota Lease Trust to collect and discharge all obligations related to this Lease, any guaranty, and this assignment.

Lessee
L
Name:

Co-Lessee
L
Name:

Lessor
M
Name:
&$/,)251,$&5(',7',6$%,/,7<,1685$1&(&/$,0352&('85(127,&( If you have applied for and received Optional Credit Disability Insurance (Section 19), and become disabled, tell us right away. We will tell you where to get claim forms. Send in the completed form to the Insurance Provider as soon as possible and tell us as soon as you do.

If your disability insurance covers all of your missed payment, WE CANNOT TRY TO COLLECT WHAT YOU OWE OR REPOSSESS THE 9(+,&/(817,/7+5((&$/(1'$50217+6$)7(5\RXU¿UVWPLVVHGSD\PHQWLVGXHRUXQWLOWKHLQVXUDQFHFRPSDQ\SD\VRUUHMHFWV \RXUFODLPZKLFKHYHUFRPHV¿UVW:HFDQKRZHYHUWU\WRFROOHFWRUUHSRVVHVVWKHYHKLFOHLI\RXKDYHPRQH\GXHDQGRZLQJXVRUDUH otherwise in default when your disability claim is made or if a senior lien holder is foreclosing.

If the insurance company pays the claim within three calendar months, we must accept the money as though you paid on time. If the insurance company rejects the claim within the three calendar months or accepts the claim within the three calendar months as a partial disability and pays less than for a total disability, you will have 35 days from the date that the rejection or the acceptance of the partial disability claim is sent to pay past due payments, or the difference between the past due payments and what the insurance company pays for the partial disability, plus late charges. You can contact us, and we will tell you how much you owe. After that time, we can take action to collect or foreclose or repossess any collateral you may have given.

If the insurance company accepts your claim but requires that you send in additional forms to remain eligible for continued payments, you should send in these additional forms no later than required. If you do not send in these forms on time, the insurance company may stop paying, and we will be able to take action to collect or foreclose or repossess any collateral you may have given.

N/A

CITY OF REDLANDS N/A

TOYOTA OF REDLANDS

T638977502-DP638977503 - THIS IS A CUSTOMER REVIEW COPY OF THE UNSIGNED ELECTRONIC FORM HELD BY ROUTEONE LLC.

T638977502-DP638977503 - THIS CUSTOMER REVIEW COPY WAS CREATED ON 10/04/2022 07:34:07 PM GMT

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CLOSED-END MOTOR VEHICLE LEASE AGREEMENT

CALIFORNIA

2. Description of Leased Vehicle
You are leasing from us, and have received in satisfactory condition, the following Vehicle:

Lease Date: _______________
This is a Lease for the Vehicle described below. The words “you”, “your” and “yours” refer to the Lessee and any Co-Lessee. The words “we”, “us” and “our” refer to the Lessor, and after assignment, to the Toyota Lease Trust (“TLT”) and any subsequent assignee. Toyota Motor Credit Corporation (“TMCC”) will be servicing this Lease on behalf of TLT. By signing this Lease, you agree to lease the Vehicle described below from us under the terms of this Lease, to pay all amounts due and to perform all of your obligations under this Lease.

1. Parties

LESSOR (DEALER) NAME AND ADDRESS
LESSEE AND CO-LESSEE NAME AND LESSEE’S BILLING ADDRESS

VEHICLE GARAGING ADDRESS
Primary Use Odometer Mileage
Leased Vehicle
9HKLFOH,GHQWLÀFDWLRQ1XPEHUNew or Used
“THERE IS NO COOLING OFF PERIOD”
California law does not provide for a “cooling off” or other cancellation period for vehicle leases. Therefore, you cannot later cancel WKLV/HDVHVLPSO\EHFDXVH\RXFKDQJH\RXUPLQGGHFLGHGWKHYHKLFOHFRVWVWRRPXFKRUZLVK\RXKDGDFTXLUHGDGLIIHUHQWYHKLFOH You may cancel this Lease only with the agreement of the Lessor or for legal cause such as fraud. *$3/,$%,/,7<127,&(
,QWKHHYHQWRIWKHIWRUGDPDJHWRWKH9HKLFOHWKDWUHVXOWVLQDWRWDOORVVWKHUHPD\EHD*$3EHWZHHQWKHDPRXQWGXH XSRQHDUO\WHUPLQDWLRQDQGWKHSURFHHGVRI\RXULQVXUDQFHVHWWOHPHQWDQGGHGXFWLEOH7+,6/($6(3529,'(67+$7<28$5(/,$%/()25 7+(*$3$028172SWLRQDOFRYHUDJHIRUWKH*$3DPRXQWPD\EHRIIHUHGIRUDQDGGLWLRQDOSULFH The box below memorializes trade-in, turn-in and other individualized agreements between you and the Lessor (Dealer). Obligations of the Lessor set IRUWKLQWKLVER[VKDOOEHWKHVROHUHVSRQVLELOLW\RIWKH/HVVRU 'HDOHU
,IWKLVER[FRQÀLFWVZLWKDQ\RWKHUVHFWLRQRIWKLV/HDVHWKHRWKHUVHFWLRQRIWKLV Lease shall control.

Lessee
A
Co-Lessee
A
Stock No:2300129
Deal ID:46057
10/04/2022

CITY OF REDLANDS
PO BOX 3005
REDLANDS, County of SAN BERNARDINO, CA 92373

TOYOTA OF REDLANDS
921 NEW YORK STREET
REDLANDS, CA 92374
N/A2023 Toyota Sienna XLE FWD 7-Passenger
BusinessNew 5TDYRKEC6PS136793 1
N/A
N/A
T638975660-DP638975661 - THIS IS A CUSTOMER REVIEW COPY OF THE UNSIGNED ELECTRONIC FORM HELD BY ROUTEONE LLC.

T638975660-DP638975661 - THIS CUSTOMER REVIEW COPY WAS CREATED ON 10/04/2022 07:30:56 PM GMT

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TRUE AND ACCURATE REVIEW COPY - UCC NON-AUTHORITATIVE COPY Redlands Regular Meeting of 11/01/2022

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CLOSED-END MOTOR VEHICLE LEASE AGREEMENT

CALIFORNIA
)('(5$/&21680(5/($6,1*$&76(*5(*$7('',6&/2685(6

6. Total of
Payments
(The amount
you will have
paid by the end
of the Lease)
$

3. Amount Due at
Lease Signing
or Delivery
(Itemized in
Section 7 below)
$

5. Other Charges
(not part of your
Monthly Payment)
Disposition fee (if you
do not purchase the
Vehicle) $ __________
Total $

4. Monthly Payments
<RXU¿UVW0RQWKO\3D\PHQWRI _________ is due on ____________, followed by _________ payments of $ ______________ due on

the _________ of each month.

The total of your Monthly Payments is: $
Itemization of Amount Due at Lease Signing or Delivery

7. Amount Due at Lease Signing or Delivery:
a. Capitalized Cost Reduction $ _______________
b. First Monthly Payment $ _______________
c. Refundable Security Deposit $ _______________
d. T itle Fees $ _______________

e. Registration Fees $ _______________
f. License Fees $ _______________
g. Tax on Capitalized Cost Reduction $ _______________ h. Acquisition Fee $ _______________
i. Document Processing Fee $ _______________
(Not a Government Fee)
j. DMV Electronic Filing Fee $ _______________
(Not a Government Fee)
k. California Tire Fee $ _______________

l. ______________________________ $ _______________
m. ______________________________ $
_______________
n. ______________________________ $ _______________
o. ______________________________ $ _______________
p. Total $
+RZWKH$PRXQW'XHDW/HDVH6LJQLQJRU'HOLYHU\ZLOOEH3DLG

a. Net Trade-In Allowance
Year _____ Make _____________ Model _______________ __

VIN ____________________________
(i) Agreed Upon Value $ __________
(ii) Less: Pay Off $ __________
(iii) Less: Cash to Lessee $ __________
Net Trade In [(i) — (ii) — (iii), no less than 0] $ ________________ b. Rebates and Noncash Credits $ ________________
c. __________________________________ $ ________________ d. __________________________________ $ ________________ e. __________________________________ $ ________________ f. Amount to be Paid in Cash $ ________________
g. Total $
1,166.77
10/04/2022722.02
35 722.02
4th
350.00
350.0025,992.72 26,787.47
N/A
722.02
N/A
N/A
127.00
279.00
N/A
N/A
N/A

30.00 8.75

N/A N/AN/A
N/A
N/A
N/A
N/A

0.00 1,166.77

N/A N/A
N/AN/A

N/A N/A

N/A N/A
N/A

N/A N/A
1,166.77 1,166.77
T638975660-DP638975661 - THIS IS A CUSTOMER REVIEW COPY OF THE UNSIGNED ELECTRONIC FORM HELD BY ROUTEONE LLC.

T638975660-DP638975661 - THIS CUSTOMER REVIEW COPY WAS CREATED ON 10/04/2022 07:30:56 PM GMT

TRUE AND ACCURATE REVIEW COPY - UCC NON-AUTHORITATIVE COPY

TRUE AND ACCURATE REVIEW COPY - UCC NON-AUTHORITATIVE COPY Redlands Regular Meeting of 11/01/2022

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CLOSED-END MOTOR VEHICLE LEASE AGREEMENT

CALIFORNIA
Early Termination. You may have to pay a substantial charge if you end this Lease early. The charge may be up to several thousand dollars. The actual charge will depend on when the Lease is terminated. The earlier you end the Lease, the greater this charge is likely to be.

12. Other Important Terms
Review this Lease for additional information on early termination, purchase options and maintenance responsibilities, warranties, late and
default charges, insurance, and any security interest, if applicable.

10. Excessive Wear and Use
You may be c
harged for excessive wear based on our standards for normal use and for mileage in excess of _______________ miles over the odometer mile
age disclosed on page one, at the rate of $ _______________ per mile.

11. Purchase Option at the End of Lease Term
You have an option to purchase the Vehicle at the end of the Lease Term for $ ______________.

That amount does not include other charges you may be required to pay pursuant to Section 32.

9. Payment Determination
a. Gross Capitalized Cost. The agreed upon value of the Vehicle ($ ______________ ) and any items you pay over the Lease Term (such as service contracts, insurance, and any outstanding prior credit or lease balance). For an itemization of this amount, see Section 13. $ ______________ E &DSLWDOL]HG&RVW5HGXFWLRQ The amount of any net trade-in allowance, rebate, noncash credit, or

cash you pay that reduces the Gross Capitalized Cost. – $ ______________ c. Adjusted Capitalized Cost. The amount used in calculating your Base Monthly Payment. = $ _ ______
______ _
d. Residual Value. The value of the Vehicle at the end of the Lease used in calculating your Base Monthly Payment. – $ ______________
e. Depreciation and any Amortized Amounts. The amount charged for the Vehicle’s decline in value through normal use and for other items paid over the Lease Term. = $ __ _________
___
f. Rent Charge. The amount charged in addition to the Depreciation and any Amortized Amounts. + $ __________ _____ g. Total of Base Monthly Payments. The Depreciation and any Amortized Amounts plus the Rent Charge. = $ ________ ______ h. Lease Payments. The number of payments in your Lease. ÷ ____________ __ i. Base Monthly Payment. = $ _____________ _
j. Monthly Sales/Use Tax. + $ ____________ __
k. ___________________________________________________________________________________ + $ ___________ ___ l. Total Monthly Payment (“Monthly Payment”) = $
<RXU0RQWKO\3D\PHQWLVGHWHUPLQHGDVVKRZQEHORZ
42,905.77
43,808.77
N/A
43,808.77
27,478.00
16,330.77
7,570.80
23,901.57
36 663.93

58.09 N/A N/A
722.02
36000

0.15 27,478.00
T638975660-DP638975661 - THIS IS A CUSTOMER REVIEW COPY OF THE UNSIGNED ELECTRONIC FORM HELD BY ROUTEONE LLC.

T638975660-DP638975661 - THIS CUSTOMER REVIEW COPY WAS CREATED ON 10/04/2022 07:30:56 PM GMT

TRUE AND ACCURATE REVIEW COPY - UCC NON-AUTHORITATIVE COPY

TRUE AND ACCURATE REVIEW COPY - UCC NON-AUTHORITATIVE COPY Redlands Regular Meeting of 11/01/2022

Page 195 of 447 ends

Page 4 of 11 ends

CLOSED-END MOTOR VEHICLE LEASE AGREEMENT

CALIFORNIA

5HTXLUHG,QVXUDQFH
You must p
rovide the following insurance during the Lease Term, with the Lessee and/or Co-Lessee as an insured driver. No other types of insurance are required and QR5HTXLUHG,QVXUDQFHLVSURYLGHGE\XVLQWKLV/HDVH:
a) primary automobile liability insurance with minimum limits for bodily injury or death of i) $ _______________ for any one person, and iii) $ _______________ for property damage; and ii) $ _______________ for any one accident, and
b) physical damage insurance for the full value of the Vehicle, with a maximum deductible of $1,000.

See Section 24 for more information.

You have provided us today with the following insurance information:
___________________________________________________________________________________________________________________ Insurance Provider
Policy No.

___________________________________________________________________________________________________________________ Agent’s Name
Agent’s Phone No.
___________________________________________________
___________________________________________________
_____________
Agent’s Address

14. Lease Term and Scheduled Maturity Date
The Lease Term of this Lease is ______ months, and the Scheduled Maturity Date of this Lease is ______________. ,QVXUDQFH&RYHUDJH9HUL¿FDWLRQE\'HDOHU(PSOR\HH
B

13. Itemization of Gross Capitalized Cost
You will pay for the following items over the Lease Term, as part of your Monthly Payment:
a.1. Agreed Upon Value of the Vehicle as equipped at time of signing this Lease $ _____________ a.2.

Agreed Upon Value of each accessory and item of optional equipment the Lessor (Dealer) agrees to add to the Vehicle after signing this Lease:
i. _________________________________________________________________ __________________ + $ _____________ ii. _________________________________________________________________ __________________ + $ _____________ iii. _____________
____________________________________________________ __________________ + $ _____________ iv. _________________________________________________________________ __________________ + $ _____________ a.3. Total Agreed Upon Value of the Vehicle = $ _____________ b. Taxes + $ _____________
c. Initial Title, License, and Registration Fees + $ _____________

d. Outstanding Prior Credit or Lease Balance + $ _____________ e.

Acquisition Fee + $ _____________
f. Document Processing Fee (Not a Government Fee) + $ _____________ g.

DMV Electronic Filing Fee (Not a Government Fee) + $ _____________ h. California
Tire Fee + $
_____________
i. ___________________________________________________________________________________ + $ _____________
j
. ___________________________________________________________________________________ + $ _____________

k. ___________________________________________________________________________________ + $ _____________
l. ___________________________________________________________________________________ + $ _____________

m. ___________________________________________________________________________________ + $ _____________

n. ___________________________________________________________________________________ + $ _____________

o. ___________________________________________________________________________________ + $ _____________

p. ___________________________________________________________________________________ + $ _____________

q. ___________________________________________________________________________________ + $ _____________

r. ___________________________________________________________________________________ + $ _____________
s. Gross Capitalized Cost = $
Gross Capitalized Cost Itemization and Other Items
42,905.77

N/A N/A

N/A N/A
42,905.77
N/A
N/A
N/A
650.00

85.00 N/A
N/A
TIFF 168.00
N/AN/A

N/A N/A
N/AN/A

N/A N/A
N/AN/A
N/AN/A
N/AN/A
N/AN/A

N/A N/A
43,808.77
36 10/03/2025
5,000.0015,000.00
30,000.00
UNKNOWN 123456
UNKNOWN (909) 793-3000
N/A
T638975660-DP638975661 - THIS IS A CUSTOMER REVIEW COPY OF THE UNSIGNED ELECTRONIC FORM HELD BY ROUTEONE LLC.

T638975660-DP638975661 - THIS CUSTOMER REVIEW COPY WAS CREATED ON 10/04/2022 07:30:56 PM GMT

TRUE AND ACCURATE REVIEW COPY - UCC NON-AUTHORITATIVE COPY

TRUE AND ACCURATE REVIEW COPY - UCC NON-AUTHORITATIVE COPY Redlands Regular Meeting of 11/01/2022

Page 196 of 447 ends

Page 5 of 11 ends

CLOSED-END MOTOR VEHICLE LEASE AGREEMENT

CALIFORNIA

19. Optional Insurance and Other Products
<RXDUHQRWU
HTXLUHGWREX\DQ\RIWKH2SWLRQDO,QVXUDQFHRU2WKHU3URGXFWVOLVWHGEHORZWRHQWHULQWRWKLV/HDVHDQGWKH\DUHQRWD factor in our credit decision. These insurance and other products will not be provided unless the appropriate box is checked, all information LV¿OOHGLQ\RXVLJQEHORZDQG\RXDUHDFFHSWHGE\WKH3URYLGHU%\\RXUVLJQDWXUHEHORZ\RXDJUHHWKDW\RXKDYHUHFHLYHGDQRWLFHRIWKH terms of the insurance or product, and you want to obtain the insurance or product for the premium or charge shown. A portion of the premium or charge shown may be retained by the Lessor (Dealer).

F Optional Credit
Life Insurance
$ ____________,
Beginning Coverage
___________________________________________________,
Provider
$ ____________,
Premium
F Optional Credit

'LVDELOLW\,QVXUDQFH
$ ________________,
Maximum Monthly Coverage
___________________________________________________,

Provider

$
____________,
Premium
F
Optional Service Contract
_________,
_____,
Miles/Coverage Months
___________________________________________________,

Provider

$ ____________,
Premium or Charge
E
E
Lessee
Co-Lessee
D
D
Lessee
Co-Lessee
Lessee
C
Co-Lessee
C
____________________________________________________________________________________ ____________________________________________________________________________________, Insured(s)
____________________________________________________________________________________ ____________________________________________________________________________________, Insured(s)

(VWLPDWHG2IÀFLDO)HHVDQG7D[HV
7KLVLVDQHVWLPDWHRIWKHWRWDODPRXQW\RXZLOOSD\RYHUWKH/HDVH7HUPIRURI¿FLDODQGOLFHQVHIHHVUHJLVWUDWLRQWLWOHDQGWD[HV LQFOXGLQJ
personal property taxes), whether included in your Total Monthly Payment (Section 9.l), the Amount Due at Lease Signing or Delivery (Section 7) RUELOOHGVHSDUDWHO\7KHDFWXDOWRWDORI2I¿FLDO)HHVDQG7D[HVPD\EHKLJKHURUORZHUWKDQWKLVHVWLPDWHGHSHQGLQJRQWKHWD[UDWHVLQHIIHFWRU the value of the Vehicle at the time a fee or tax is assessed. 7KLVHVWLPDWHLVEDVHGRQ\RXUFXUUHQWDGGUHVVDQGPD\LQFUHDVHLI\RXPRYH RULIWD[UDWHVFKDQJH<RXDUHUHVSRQVLEOHIRUSD\LQJDQ\LQFUHDVHV See Section 27 for additional information.

16. Charges for Late/Returned Payments
If we do not receive a full Monthly Payment within 10 days after it is due, you must pay a late payment charge of 5% of the unpaid amount or $10, whichever is greater.

If any payment (including an electronic funds transfer) you make to us is not honored or returned to us for any reason, in addition to any late charges, you may be charged a fee of $25, as permitted by law.

Estimated Total $

18. Warranty
If the Vehicle is a new or a demo Vehicle, the Vehicle is subject to the standard new warranty from the manufacturer. If the Vehicle is used, it is QRWFRYHUHGE\DZDUUDQW\XQOHVVLGHQWL¿HGEHORZ

F Remainder of standard new vehicle warranty from manufacturer F Used vehicle warranty from manufacturer
81/(66:(0$.($:5,77(1:$55$17<25(17(5,172$6(59,&(&2175$&7:,7+,1 '$<6)5207+('$7(2)7+,6/($6(

AND EXCEPT AS STATED IN THE PARAGRAPH IMMEDIATELY ABOVE, OR AS OTHERWISE PROVIDED BY LAW, YOU ARE LEASING THIS 9(+,&/(´$6,6µ7+(5($5(12:$55$17,(6$6727+(9(+,&/(·6&21',7,210(5&+$17$%,/,7< 68,7$%,/,7< 25),71(66 )25$3$57,&8/$5385326(
3,358.12
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N/A N/A

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T638975660-DP638975661 - THIS IS A CUSTOMER REVIEW COPY OF THE UNSIGNED ELECTRONIC FORM HELD BY ROUTEONE LLC.

T638975660-DP638975661 - THIS CUSTOMER REVIEW COPY WAS CREATED ON 10/04/2022 07:30:56 PM GMT

TRUE AND ACCURATE REVIEW COPY - UCC NON-AUTHORITATIVE COPY

TRUE AND ACCURATE REVIEW COPY - UCC NON-AUTHORITATIVE COPY Redlands Regular Meeting of 11/01/2022

Page 197 of 447 ends

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CLOSED-END MOTOR VEHICLE LEASE AGREEMENT

CALIFORNIA

YOUR OBLIGATIONS DURING THIS LEASE

21. Vehicle Maintenance and Damage
You are responsible for all maintenance, repair,
service, and operating expenses of the Vehicle. You agree to keep the Vehicle in the same condition as when you received it, except for reasonable wear, to maintain the Vehicle so that any warranties or similar agreements remain effective and so that it passes all inspections required by law, to follow the owner’s manual and maintenance schedule, and to provide us with written proof of such maintenance. You agree to make the Vehicle available to us for inspection during the Lease Term at any reasonable time and place that we request. 3URKLELWHG8VHVRIWKH9HKLFOHYou agree that you will not, nor permit others to:
a. use the Vehicle in any illegal manner, in violation of your insurance policy, or without the insurance coverage described in Sections 15 and 24; b. alter or install any equipment on or in the Vehicle without our written consent. Any accessions to the Vehicle become our property; c. subject the Vehicle to any lien, seizure or other involuntary transfer; d. use the Vehicle to transport goods or people for hire; H UHPRYHWKH9HKLFOHIURPWKHVWDWHZKHUHLWZDV¿UVWWLWOHGIRUPRUHWKDQGD\VZLWKRXWRXUZULWWHQFRQVHQW

&RPSOHWH$JUHHPHQWRU0RGLÀFDWLRQ
By your signa
ture, you acknowledge that this Lease contains the entire agreement for the Lease of this Vehicle. There are no other agreements.

Any change to this Lease must be in writing, and signed by you and by us.

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$ ____________,
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F
Lessee
Co-Lessee
Lessee
Co-Lessee
G
G
F Optional Excess Wear and Use Protection Plan
___________________________________________________,
Provider
$ ____________,
Premium or Charge

F Optional Tire and Wheel Protection Plan
___________________________________________________
,
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$ ____________,
Premium or Charge

Total Premiums and Charges $
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T638975660-DP638975661 - THIS IS A CUSTOMER REVIEW COPY OF THE UNSIGNED ELECTRONIC FORM HELD BY ROUTEONE LLC.

T638975660-DP638975661 - THIS CUSTOMER REVIEW COPY WAS CREATED ON 10/04/2022 07:30:56 PM GMT

TRUE AND ACCURATE REVIEW COPY - UCC NON-AUTHORITATIVE COPY

TRUE AND ACCURATE REVIEW COPY - UCC NON-AUTHORITATIVE COPY Redlands Regular Meeting of 11/01/2022

Page 198 of 447 ends

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CLOSED-END MOTOR VEHICLE LEASE AGREEMENT

CALIFORNIA
f. take the Vehicle outside the continental United States (except to Canada or Mexico for less than 30 days, if you have our consent and have provided us with proof of insurance);
g. use the Vehicle in a way that causes the cancellation or suspension of any warranty or other similar protection agreement; or h. allow anyone else to regularly use the Vehicle without our written consent. $VVLJQLQJVXEOHDVLQJ SOHGJLQJ
RUSHUPLWWLQJDVHFXULW\LQWHUHVWWREHFUHDWHGLQRULQDQ\RWKHUZD\WUDQVIHUULQJE\\RXRIDQ\LQWHUHVWLQ WKH9HKLFOHRUWKLV/HDVHLVVWULFWO\SURKLELWHG

23. Title and Registration. Legal title to the Vehicle will be in our name and the Vehicle will be registered as we direct. You must promptly pay all title, registration, and license fees.
5HTXLUHG,QVXUDQFH7KHOLPLWVUHTXLUHGXQGHUVWDWHODZPD\QRWEHVXI¿FLHQWIRU\RXUQHHGV6HH\RXULQVXUDQFHSURYLGHUIRUPRUHLQIRUPDWLRQYou PD\REWDLQWKHUHTXLUHGFRYHUDJHVWKURXJKDQ\LQVXUDQFHFRPSDQ\DJHQWRUEURNHU\RXFKRRVHZKLFKLVUHDVRQDEO\DFFHSWDEOHWRXV DQGDXWKRUL]HGWRGREXVLQHVVLQWKHVWDWHZKHUHWKH9HKLFOHLVORFDWHG This insurance may be provided through existing policies that you own or control if it otherwise meets all requirements. The insurance policy must be acceptable to us, name Toyota Lease Trust as additional insured and loss payee, and give us at least 10 days written notice before any cancellation or reduction in coverage. You authorize us to endorse your name(s) on any check or draft from your insurance company for any claim. You must provide us with written proof of this insurance, including a copy of the insurance policy, at any time during the term of this Lease at our request. You agree to release to us all insurance or other proceeds you receive for damages or loss to the Vehicle (including any premium refunds on the Required Insurance) up to the amount you owe us. 1RWLFH
/LDELOLW\LQVXUDQFHFRYHUDJHIRUERGLO\LQMXU\DQGSURSHUW\GDPDJHFDXVHGWRRWKHUVLVQRWLQFOXGHGLQWKLV/HDVH 3D\PHQW2EOLJDWLRQVYou may not change or stop your Monthly Payments for any reason, even if the Vehicle is stolen, destroyed, seized by the government, non-operative, experiences any mechanical problem, or does not perform satisfactorily. We may apply each Monthly Payment and each other payment we receive to past due payments, current payment due, late charges, and other amounts due under this Lease in any order we choose, to the extent permitted by law.

26. Change in Address. You must notify us in writing within 30 days of any change in your address or the address where the Vehicle is garaged. )HHV7D[HVDQG)LQHV<RXPXVWSURPSWO\SD\DOORI¿FLDOIHHVDQGWD[HVUHODWHGWRWKH9HKLFOHDQGWKLV/HDVHLQFOXGLQJWLWOHOLFHQVHDQGUHJLVWUDWLRQ fees, and sales, use, excise and personal property taxes. These amounts may change from time to time based on changes to your address and FKDQJHVLQWD[UDWHV<RXPXVWDOVRSURPSWO\SD\DOORWKHUIHHVDVVHVVPHQWVFKDUJHVFRVWVDQG¿QHV FROOHFWLYHO\³¿QHV´
LQFXUUHGRQWKH9HKLFOHVXFK
DVWUDI¿FWLFNHWVLPSRXQGVWRZLQJFKDUJHVVWRUDJHFKDUJHVDQGWROOYLRODWLRQV6RPHELOOVIRURI¿FLDOIHHVDQGWD[HVPD\EHVHQWWR\RXIRUSD\PHQW Other bills may be paid by us on your behalf and we will charge you the amount billed to us. If you fail to pay any such amount when billed by us or by a third party, and we elect to pay it, you will reimburse us for the amount paid plus a $10 administrative fee per incident, to the extent permitted by law. In connection with these bills, you give us permission to provide information regarding you and this Lease to the billing authority. You must pay all IHHVWD[HVDVVHVVPHQWVFKDUJHVFRVWVDQG¿QHVLQFXUUHGRQWKH9HKLFOHGXULQJWKH/HDVH7 HUPHYHQLIWKH\DUHDVVHVVHGDQGELOOHGDIWHUWKLV/HDVH has ended. We may charge you an estimated amount for any remaining items at the time this Lease ends. You are responsible for any shortage in this estimate, and we will refund you any excess.
:HDUHQRWREOLJDWHGWRDSSO\IRUDQ\UHIXQGRUDEDWHPHQWRIRI¿FLDOIHHVDQGWD[HVLQFOXGLQJSHUVRQDOSURSHUW\WD[HV,I\RXPDNHDZULWWHQUHTXHVW WKDWZHDSSO\IRUDUHIXQGRIDQRI¿FLDOIHHRUWD[WKDW\RXSDLGWRXVWRZKLFK\RXDUHHQWLWOHGZHZLOO¿OHDQDSSOLFDWLRQIRUUHIXQG:HZLOOVHQGDQ\ refund we receive, less all amounts due under this Lease, to you. :HPD\SD\DQ\WLWOHUHJLVWUDWLRQOLFHQVHIHHWD[DVVHVVPHQWFKDUJHFRVWRU¿QHZKLFK\RXIDLOWRSD\DQGFKDUJH\RXWKHDPRXQWSDLG<RXDUH UHVSRQVLEOHIRUDQ\¿QHVRUSHQDOWLHVLI\RXIDLOWRSD\WKHELOOZKHQGXH

28. Default and Remedies. To the extent permitted by law, you will be in default if:
a. you fail to make any payment when it is due;
b. you fail to keep any other agreement in this Lease;
c. you provided false or misleading information when applying for this Lease; d. you become the subject of a bankruptcy or insolvency proceeding; H WKH9HKLFOHLVORVWVWROHQVHL]HGFRQ¿VFDWHGOHYLHGXSRQRUGDPDJHGEH\RQGUHDVRQDEOHUHSDLU

f. you die and there is no surviving co-lessee; or
g. you fail to return the Vehicle by the Scheduled Maturity Date and do not obtain our written consent to extend the Lease Term.

If you are in default, we may do any or all of the following, as permitted by law, after giving any legally required notices, and observing any legally required cure or reinstatement periods:
i. terminate this Lease and your right to use the Vehicle; ii. require you to return the Vehicle by allowing us to pick up the Vehicle or making it available to us at any reasonable time and place we specify; iii. take possession of the Vehicle by legal process or by self help in any manner not prohibited by law; iv. require you to pay the amounts set forth in Section 29; v. take any reasonable action to correct your default or to prevent our loss; vi. pursue any other remedy allowed by law; and
vii. require you to pay all of our reasonable expenses for taking these actions and add the amount of our expenses to the amount you owe us under this Lease, including, but not limited to, expenses for repossession, transportation, storage, collection, and legal costs, including reasonable attorneys’ fees paid to an attorney who is not our salaried employee, as allowed by applicable law.

We or our agent may take possession of personal property left in or on the Vehicle, subject to your right to recover such property, if any. We or our agent may store it for you and you will be responsible to pay for this service. If you do not take possession of the personal property, we or our agent may dispose of it as permitted by law.

T638975660-DP638975661 - THIS IS A CUSTOMER REVIEW COPY OF THE UNSIGNED ELECTRONIC FORM HELD BY ROUTEONE LLC.

T638975660-DP638975661 - THIS CUSTOMER REVIEW COPY WAS CREATED ON 10/04/2022 07:30:56 PM GMT

TRUE AND ACCURATE REVIEW COPY - UCC NON-AUTHORITATIVE COPY

TRUE AND ACCURATE REVIEW COPY - UCC NON-AUTHORITATIVE COPY Redlands Regular Meeting of 11/01/2022

Page 199 of 447 ends

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CLOSED-END MOTOR VEHICLE LEASE AGREEMENT

CALIFORNIA

ENDING YOUR LEASE

(DUO\7HUPLQDWLRQE\8VWe may terminate this Lease at any time if you are in default (see Section 28). If we do, you must return the Vehicle to us, at any reasonable location we specify. In addition, you must pay us, upon demand, the total of the following amounts:
a. the amounts set forth in Section 28(vii); plus
b. all Monthly Payments that have become due and are unpaid at termination; plus c. all other unpaid amounts then due under this Lease, but not including charges for Excessive Wear and Use and excess mileage (Sections 10 and 34); plus
d. an Early Termination Amount equal to, the difference, if any, between:
(i) the Adjusted Capitalized Cost as disclosed in Section 9(c); and (ii) the sum of (a) all depreciation and other amortized amounts accrued through the date of early termination, calculated in accordance with the FRQVWDQW\LHOGPHWKRGDQG
E
WKH5HDOL]HG9DOXHRIWKH9HKLFOHDVGH¿QHGEHORZ
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e. any remaining Refundable Security Deposit (Section 36) or refund we receive from Optional Insurance or Other Products (Section 38).

The “Realized Value” means one of the following: (1) where the Vehicle is a total loss as a result of a theft or damage, and you maintain the Required Insurance, the amount of any applicable insurance deductible owed by you plus the proceeds of the settlement of the insurance claim, unless we agree to a higher amount; (2) the wholesale appraised value, if you elect to have an appraisal, which you may obtain, at your own expense, from a professional independent appraiser agreed to by you and us (the appraisal must be completed at least three days before the scheduled valuation or disposal date of the Vehicle, as provided by a notice that we will provide to you); (3) if we choose to retain ownership of the Vehicle for use or to lease WKH9HKLFOHWRDVXEVHTXHQWOHVVHHWKHZKROHVDOHYDOXHDVVSHFL¿HGLQWKHFXUUHQWHGLWLRQRIDUHFRJQL]HGXVHGYHKLFOHJXLGHVXFKDV.HOOH\%OXH%RRN RUWKH1$'$2I¿FLDO8VHG&DU*XLGH
RU

XQGHUDOORWKHUFLUFXPVWDQFHVWKHSULFHSDLGIRUWKH9HKLFOHDWGLVSRVLWLRQ (DUO\7HUPLQDWLRQE\<RXYou may terminate this Lease at any time prior to the scheduled end of this Lease. If you terminate this Lease early, are not in default, and do not elect to purchase the Vehicle in accordance with Section 32, you must return the Vehicle to us, at any reasonable location we specify, and you must pay us, upon demand:
a. all Monthly Payments that have become due and are unpaid at termination; plus b. all other unpaid amounts then due under this Lease, but not including charges for Excessive Wear and Use and excess mileage (Sections 10 and 34); plus
c. the Early Termination Amount determined pursuant to Section 29(d) above; minus d. any remaining Refundable Security Deposit (Section 36) or refund we receive from Optional Insurance or Other Products (Section 38).

If you terminate this Lease early, are in default (see Section 28), and do not elect to purchase the Vehicle in accordance with Section 32, you must UHWXUQWKH9HKLFOHWRXVDWDQ\UHDVRQDEOHORFDWLRQZHVSHFLI\DQG\RXPXVWSD\XVXSRQGHPDQGWKHDPRXQWVVSHFL¿HGLQ6HFWLRQ DERYH
Other terms apply if you terminate this Lease and purchase the Vehicle or trade in the Vehicle in connection with the purchase or lease of another vehicle.
(IIHFWRI*XDUDQWHHG$XWRPRELOH3URWHFWLRQRQ(DUO\7HUPLQDWLRQ If the Vehicle is subject to damage or theft resulting in a total loss, and you have purchased and received Guaranteed Automobile Protection in connection with this Lease, and you have met the conditions set forth in the Guaranteed Automobile Protection agreement, then your Early Termination obligations set forth in Sections 29 or 30, as applicable, will not include the charges set forth in Section 29(d), the disposition fee shown in Section 5, and the charges for Excessive Wear and Use and excess mileage (Sections 10 and 34).

32. Your Option to Purchase the Vehicle. You may purchase the Vehicle at any time during this Lease or at the Scheduled Maturity Date (unless a governmental agency has seized the Vehicle and instructed us not to release the Vehicle to you). The price to purchase the Vehicle at the Scheduled Maturity Date is the Purchase Option Price shown in Section 11, plus, the amount described in subsections 32(a), 32(b) and 32(c), below. The price to purchase the Vehicle during the Lease Term is the total of:
a. all unpaid Monthly Payments that have become due, and other amounts due and unpaid under this Lease, except the disposition fee shown in Section 5 and charges for Excessive Wear and Use and excess mileage (Sections 10 and 34); plus, E DOORI¿FLDOIHHVDQGWD[HVDQGGRFXPHQWDU\IHHVFKDUJHGLQFRQQHFWLRQZLWKWKHSXUFKDVH SOXV
c. all amounts necessary to meet any legal selling requirements; plus, d. the difference, if any, between the Adjusted Capitalized Cost as disclosed in Section 9(c) and all depreciation and other amortized amounts accrued through the date of early termination, calculated in accordance with the constant yield method. $V SDUW RI D OLNHNLQG H[FKDQJH SURJUDP 70&& KDV HQJDJHG 74, ([FKDQJH //& ³74,´
DV D TXDOL¿HG LQWHUPHGLDU\ /HVVRU DQG /HVVHH DUH KHUHE\QRWL¿HGWKDW70&&KDVDVVLJQHGWR74,LWVULJKWV EXWQRWLWVREOLJDWLRQV
LQDQ\DJUHHPHQWIRUWKHVDOHRIWKH9HKLFOHDW/HDVHWHUPLQDWLRQ 2EOLJDWLRQVLI<RX'R1RW3XUFKDVHWKH9HKLFOHDWWKH6FKHGXOHG0DWXULW\'DWHAt the Scheduled Maturity Date, you must return the Vehicle to us at any reasonable location we specify, and pay us, upon demand, the following amounts:
a. all Monthly Payments and other amounts due under this Lease, including the disposition fee shown in Section 5; plus E DOORI¿FLDOIHHVDQGWD[HVFKDUJHGLQFRQQHFWLRQZLWKWKLV/HDVHWHUPLQDWLRQ SOXV
c. all Excessive Wear and Use charges described in Section 34; plus d. all excess mileage charges disclosed in Section 10. You will not receive a refund if you do not use all of the mileage set forth in Section 10.

If you keep possession of the Vehicle past the Scheduled Maturity Date, you agree to continue to pay the Monthly Payments. However, continued payment does not cure any default, including a default under Section 28(g), and does not permit you to keep the Vehicle unless you obtain our advance written consent to extend the Lease Term. You agree to pay us any damages we suffer because you failed to return the Vehicle at the end of this Lease.

T638975660-DP638975661 - THIS IS A CUSTOMER REVIEW COPY OF THE UNSIGNED ELECTRONIC FORM HELD BY ROUTEONE LLC.

T638975660-DP638975661 - THIS CUSTOMER REVIEW COPY WAS CREATED ON 10/04/2022 07:30:56 PM GMT

TRUE AND ACCURATE REVIEW COPY - UCC NON-AUTHORITATIVE COPY

TRUE AND ACCURATE REVIEW COPY - UCC NON-AUTHORITATIVE COPY Redlands Regular Meeting of 11/01/2022

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CALIFORNIA

34. Excessive Wear and Use Charges. If you do not purchase the Vehicle at any time during this Lease or at the Scheduled Maturity Date, or if you elect to terminate this Lease pursuant to the terms of this Lease and except to the extent paid by the Excess Wear and Use Protection Plan; if you purchased and received that Plan, you are responsible for the estimated cost to repair damage (including diagnostic cost, if any) to the Vehicle which is excessive wear and use (even if we do not repair the Vehicle).

Excessive wear and use may include but is not limited to certain damage such as:
a. inoperative mechanical and electrical parts;
b. damage (including but not limited to, damage to the engine) due to your failure to maintain the Vehicle pursuant to the terms of this Lease; c. damage to the body, lights, trim or paint;
d. damaged, broken or missing glass;
e. torn, damaged or stained interior;
I GDPDJHIURPÀRRGZDWHUKDLORUVDQG

g. damage from removal of equipment or signs placed on the Vehicle; h. missing equipment, parts and accessories, including missing keys or remote entry devices; or i. any wear or damage to any part of the tire that doesn’t allow the tire to meet the manufacturer’s guidelines for safe operation, or any mismatched tire sizes in a set of 5 (or 4 with any emergency spare if the Vehicle was equipped with one). $'',7,21$/,1)250$7,21

35. Communication Consent. <RXDJUHHWKDWZH70&&DQGDQ\DI¿OLDWHVDJHQWVDQGVHUYLFHSURYLGHUVRUDQ\DVVLJQHHVRIWKHIRUHJRLQJ LQGLYLGXDOO\
DQGFROOHFWLYHO\DVDSSOLFDEOHLQWKLV&RPPXQLFDWLRQV&RQVHQWVHFWLRQ³ZH´³RXU´RU³XV´ PD\FDOO\RXOHDYH\RXDYRLFHSUHUHFRUGHGRUDUWL¿FLDO voice message or send you a text, email or other electronic message for any purpose related to your Accounts with us, our products and services, or surveys or research (each a “Communication”). We may include your personal information in a Communication and conduct a Communication using an automated dialing system and any contact information we have for you, including a cell phone number. We will not charge you for a Communication but your service provider may do so. You understand and agree, we may always communicate with you in any manner permissible by law that does not require your consent.
5HIXQGDEOH6HFXULW\'HSRVLWYour security deposit may be used by us to pay amounts that you owe under this Lease. If you elect to purchase your Vehicle, your security deposit may be applied by us to the amount you owe to purchase your Vehicle. Any unused security deposit will be returned to \RXDWWKHHQGRIWKH/HDVH7HUP1RLQWHUHVWLQFUHDVHRUSUR¿WVZLOOEHSDLGWR\RXRQWKHVHFXULW\GHSRVLWXQOHVVUHTXLUHGE\ODZ

37. Assignment. We can assign our interest in this Lease and in the Vehicle without your consent. After you sign this Lease, we will assign it to TLT and you agree to make all payments to TMCC as servicer for TLT.

38. Refund of Optional Insurance or Other Products. If any optional insurance or product included in the Gross Capitalized Cost is cancelled before the end of the Lease Term, or if you are not accepted by the Provider for a requested optional insurance or product, we will credit any refunds to your account.

39. Indemnity. You agree to indemnify us from, and to pay on our behalf, any claim or loss (including damages, costs, expenses and legal fees) which arises from or is related to the possession, condition, use, maintenance or operation of the Vehicle. Any insurance we provide is secondary to the Required Insurance.

40. Credit Information.

You authorize us, at any time, to investigate any information provided on your credit application in order to establish, maintain and collect on this Lease account, including to order one or more credit reports in connection with establishing, maintaining or collecting this Lease account.

You authorize us to provide information concerning your account to credit reporting agencies and others who may lawfully receive such information.

You may notify us if you believe that we have reported any inaccurate information about your Lease account to a consumer reporting agency. Send \RXUZULWWHQQRWLFHGHVFULELQJWKHVSHFL¿FLQDFFXUDFLHVWRXVDWWKHIROORZLQJDGGUHVV 3 2%R[
&HGDU5DSLGV,$

/LDELOLW\Lessee and Co-Lessee are jointly and severally liable. If there is both a Lessee and Co-Lessee signing this Lease, we can release, waive, or delay the enforcement of our rights against one of you, without affecting our rights as to the other one(s).

42. Notices. All Lessee and Co-Lessee correspondence and notices will be sent to the Lessee’s Billing Address shown on this Lease, unless you give us a different address. If the Co-Lessee provides a separate address, delinquency notices will be provided to such address in addition to the Billing Address.

All correspondence and notices will be given solely in TMCC’s name as the servicer, and will be given on behalf of TLT. &KRLFHRI/DZDQG6HYHUDELOLW\You agree that the law of the state in which this Lease is signed applies to this Lease unless prohibited by law. If certain provisions of this Lease violate the law, those provisions will be void, and the rest of this Lease will be enforceable. 1R:DLYHUE\8VIf we delay or refrain from exercising our rights or remedies under this Lease, we do not lose those rights or remedies. If we accept late or partial payments from you, we do not waive our right to receive full and timely payments. We may accept payments with “Payment in Full,” similar language or other restrictive endorsements without being bound by such language or waiving our rights or remedies.

45. Odometer Disclosure Statement. Federal law requires that you disclose the Vehicle’s odometer reading to us upon termination of this Lease or transfer of ownership. Failure to complete an Odometer Disclosure Statement, failure to return it to us, or making a false statement therein, may result LQ¿QHVDQGRULPSULVRQPHQW<RXZLOOEHSURYLGHGDQ2GRPHWHU'LVFORVXUH6WDWHPHQWWRFRPSOHWHSULRUWRWKHWHUPLQDWLRQRIWKLV/HDVH

46. Nonapproval of Credit Application. You have the right to return the vehicle and receive a refund of any payments made if the credit DSSOLFDWLRQLVQRWDSSURYHGXQOHVVQRQDSSURYDOUHVXOWVIURPDQLQFRPSOHWHDSSOLFDWLRQRUIURPLQFRUUHFWLQIRUPDWLRQSURYLGHGE\\RX T638975660-DP638975661 - THIS IS A CUSTOMER REVIEW COPY OF THE UNSIGNED ELECTRONIC FORM HELD BY ROUTEONE LLC.

T638975660-DP638975661 - THIS CUSTOMER REVIEW COPY WAS CREATED ON 10/04/2022 07:30:56 PM GMT

TRUE AND ACCURATE REVIEW COPY - UCC NON-AUTHORITATIVE COPY

TRUE AND ACCURATE REVIEW COPY - UCC NON-AUTHORITATIVE COPY Redlands Regular Meeting of 11/01/2022

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CLOSED-END MOTOR VEHICLE LEASE AGREEMENT

CALIFORNIA

F OPT IN: You agree to be bound by the Arbitration Provision.

F OPT OUT: You do not wish to be bound by the Arbitration Provision.

Lessee Co-Lessee
K K
X
N/A
T638975660-DP638975661 - THIS IS A CUSTOMER REVIEW COPY OF THE UNSIGNED ELECTRONIC FORM HELD BY ROUTEONE LLC.

T638975660-DP638975661 - THIS CUSTOMER REVIEW COPY WAS CREATED ON 10/04/2022 07:30:56 PM GMT

TRUE AND ACCURATE REVIEW COPY - UCC NON-AUTHORITATIVE COPY

TRUE AND ACCURATE REVIEW COPY - UCC NON-AUTHORITATIVE COPY Redlands Regular Meeting of 11/01/2022

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CLOSED-END MOTOR VEHICLE LEASE AGREEMENT

CALIFORNIA

Lessee
L
Name:

Co-Lessee
L
Name:

N/A

CITY OF REDLANDS N/A

TOYOTA OF REDLANDS

T638975660-DP638975661 - THIS IS A CUSTOMER REVIEW COPY OF THE UNSIGNED ELECTRONIC FORM HELD BY ROUTEONE LLC.

T638975660-DP638975661 - THIS CUSTOMER REVIEW COPY WAS CREATED ON 10/04/2022 07:30:56 PM GMT

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TRUE AND ACCURATE REVIEW COPY - UCC NON-AUTHORITATIVE COPY Redlands Regular Meeting of 11/01/2022

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City Council/Successor Agency Meeting G. 12.

DATE: 11/01/2022
TO: Honorable Mayor and City Council Members
SUBJECT: Approve the professional services agreement with KOA Corporation to provide engineering services for the Citywide Left-Turn Pocket Study for an amount not-to-exceed $99,905, and determine approval of the agreement is exempt from environmental review pursuant to Section 15061(b)(3) of the State's guidelines implementing the California Environmental Quality Act (Municipal Utilities and Engineering Director Harris)
MOTION(S):

If City Council determines the staff recommendation is appropriate, the following motions are provided:

I move that the City Council determine approval of a professional services agreement with KOA Corporation to provide engineering services for the Citywide Left-Turn Pocket Study is exempt from environmental review pursuant to Section 15061(b)(3) of the State's guidelines implementing the California Environmental Quality Act; and

1. I move that City Council approve the professional services agreement with KOA Corporation for an amount not-to-exceed $99,905 to provide engineering services for the Citywide Left-Turn Pocket Study.

2. RECOMMENDATION:

Staff recommends that City Council determine approval of the agreement with KOA Corporation to provide engineering services for the Citywide Left-Turn Pocket Study is exempt from environmental review pursuant to Section 15061(b)(3) of the State’s Guidelines implementing the California Environmental Quality Act. Staff further recommends that City Council approve the professional services agreement with KOA Corporation for an amount not-to-exceed $99,905.

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DISCUSSION:

Occasionally, staff receives requests to add turn lanes at street intersections within the City. In response, staff developed an engineering scope of work for a consultant to perform a Citywide Left-Turn Pocket Study (Study) to identify potential locations for these protected turn lanes. The purpose of this study is to determine how left-turn pockets will impact traffic flow at specific City signalized and non-signalized intersections. The City maintains approximately ninety-one (91) signalized intersections and hundreds of non-signalized intersections. The Study will evaluate more than one-hundred (100) intersections to determine if left turn lanes are warranted.

On July 14, 2022, Municipal Utilities and Engineering Department staff issued a Request for Proposals (RFP) to provide engineering services for the Study. On August 11, 2022, proposals were received from the following four (4) consulting firms:

KOA Corporation, Ontario, CA1.

RK Engineering Group, Inc., Newport Beach, CA2.

AGA Engineers, Inc., Fullerton, CA3.

Minagar & Associates, Inc., Laguna Hills, CA4.

In accordance with Chapter 2.16.180 of the City's Municipal Code, an evaluation committee reviewed and rated the proposals based on each firm's demonstrated competence and professional qualifications in accordance with specific evaluation criteria identified in the RFP. KOA Corporation was identified as the consultant most qualified to perform the tasks listed in the RFP. City staff negotiated a reasonable consultant fee and recommends City Council approval of an agreement with KOA Corporation for an amount not-to-exceed $99,905.

Approval of the professional services agreement is exempt from environmental review pursuant to Section 15061(b)(3) of the State’s Guidelines implementing the California Environmental Quality Act as there is no possibility that this action will result in an impact on the environment.

ALTERNATIVES:

Council may elect to deny the staff recommendation and provide alternate direction.

STRATEGIC PLAN:

N/A
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SUBMITTED BY:

John R. Harris, Municipal Utilities and Engineering Director RECOMMENDED BY:

Charles M. Duggan Jr., City Manager
REVIEWED BY:

Yvette M. Abich Garcia, City Attorney
Janice McConnell, Assistant City Manager
Danielle Garcia, Management Services/Finance Director
Goutam K. Dobey, City Engineer
PREPARED BY:

Johana Silva, Assistant Engineer
Fiscal Impact
Fiscal Year: FY 22/23
Appropriation Required Y/N: No
Budgeted Y/N: Yes
Account No.: 101400
Discussion:

There is no fiscal impact associated with this action. Funding for this project is included in the MUED Fiscal Year 22/23 approved budget.

Attachments
KOA Professional Services Agreement
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AGREEMENT TO PERFORM PROFESSIONAL SERVICES

This agreement for the provision of professional services to perform the Citywide Left- Turn Pocket Study (“Agreement”) is made and entered in this 1st day of November, 2022 (“Effective Date”), by and between th e City of Redlands, a municipal c orporation (“City”) and KOA Corporation, a California consultant (“Consultant”). City and Consultant are sometimes individually referred to herein as a “Party” and, together, as the “Parties.” In consideration of the mutual promises contained herein, City and Consultant agree as follows:

ARTICLE 1 – ENGAGEMENT OF CONSULTANT

1.1 City hereby engages Consultant to provide professional services to perform the Citywide Left-Turn Pocket Study services for City (the “Services”).

1.2 The Services shall be performed by Consultant in a professional manner, and Cons ultant represents that it h as the skill and the professional expertise necessary to provide the Services to City at a level of competency presently maintained by other practicing professional consultants in the industry providing like and similar types of Services.

ARTICLE 2 – SERVICES OF CONSULTANT

2.1 The Servi ces that Consultant shall perform are more particularly described in Exhibit “A,” titled “Scope of Servi ces,” which is attached hereto and incorporated herein by this reference.

2.2 Consultant shall com ply with applicable federal, state and local laws and regulati ons in the performance of this A greement including, but not limited to, any applicable State prevailing wage laws.

ARTICLE 3 – RESPONSIBILITIES OF CITY

3.1 City designates John R. Harris, Municipal Utilities and Engineering Director , as City’s representative with respect to performance of the Services, and such person shall have the authority to transmit instructions, receive information, interpret and define City’s policies and decisions with respect to performance of the Services.

ARTICLE 4 – PERFORMANCE OF SERVICES

4.1 Consultant shall perform and complete the Services in a prompt and diligent manner in accordance with the schedule set forth in Exhibit “B,” titled “Project Schedule,” which is attached hereto and incorporated herein by reference.

4.2 Consultant shall complete the Services by June 30, 2023, unless the Services are terminated earlier as provided for herein.

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4.3 If Consultant’s Services include deliverable electronic visual presentation mater ials, such materials shall be delivered in a form, and made available to City, consistent with City Council-adopted policy for the same. It shall be the obligation of Consultant to obtain a copy of such policy from City staff.

ARTICLE 5 – PAYMENTS TO CONSULTANT

5.1 Total compensation for Consultant ’s performance of the Services shall not exceed the amount of ninety-nine thousand nine hundred five dollars ($99,905.00). City sh all pay Consultant on a time and materials basis up to the not to exceed amount in accordance with Exhibit “C,” titled (“Fee Schedule Title”) which is attached hereto and incorporated herein by reference

5.2 Consultant s hall submit monthly invoices to City describing the Services performed during the preceding month. Consultant’s invoices shall include a brief description of the Services performed, the dates the Services were performed, the number of hours spent and by whom, and a descri ption of reimbursable expenses related to the Services. City shall pay Consultant no later than thirty (30) days after receipt an d approval by City of Consultant’s invoice.

5.3 Any notice or other communication required, or which may be given, pursuant to this Agreement, shall be in writing. Any such notice shall be deemed delivered (i) on the date of delivery in person; (ii) five (5) days after deposit in first class registered mail, with return receipt requested; (iii) on the actual deliv ery date if depo sited with an overnight courier; or (iv) on the date sent by facsimile or electronic mail transmis sion (including PDF), if confirmed with a copy sent contemporaneously by first class, certified, registered or express mail; in each case prop erly posted and fully prepaid to the appropriate address set forth below, or such other address as a Party may provide notice in accordance with this section:

CITY: CONSULTANT:

City Clerk Min Zhou, CEO /President
City of Redlands KOA Corporation
35 Cajon Street 3190 Shelby Street, Bldg. C
P.O. Box 3005 (mailing) Ontario, CA 91764
Redlands, CA 92373 [email protected]
[email protected] Phone: (909) 890-9693
Phone: (909) 798-7531 Fax: (909) 890-9694

ARTICLE 6 – INSURANCE AND INDEMNIFICATION

6.1 The following insurance coverage required by this Agreement shall be maintained by Consultant for the duration of its performance of the Se rvices. Consultant shall not perform any Services unless and until the required insurance listed below is obtained by Consultant. Consultant shall provide City with certificates of insurance and endorsements evidencing such insurance prior to commencem ent of the Services. Insurance policies Redlands Regular Meeting of 11/01/2022

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3 L:\ca\Agreements\KOA_Professional_Services-FY22-0044.doc-jm shall include a provision prohibiting cancellation or modification of the policy except upon thirty (30) days prior written notice to City.

A. Workers’ Compensation and Employer’s Liability insurance in the amount that meets statutory requirements with an insurance carrier acceptable to City, or certification to City that Consultant is self -insured or exempt from the workers’ compensation laws of the St ate of Californi a. Consul tant shall execute and provide City with Exhibi t “D,” titled “Workers’ Compensation Insurance Certification,” which is attached hereto and incorporated herein by this reference, prior to performance of the Services.

B. Comprehensive General L iability insura nce with carriers acceptable to City in the minimum amount of One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) aggregate , for public liability, property damage and personal injury is required. City shall be name d as an additional insured and such insurance shall be p rimary and non- contributing to any insurance or self -insurance maintained by City.

C. Consultant shall secure and maintain professional liability insurance throughout the term of this A greement in the amount of One Million Dollars ($1,000,000) per claim made.

D. Business Auto L iability coverage, with minimum limits of One Million Dollars ($1,000,000) per occurrence, combined single limit bodily injury liability and property damage liability. This coverage shall include all Consultant owned vehicles used in connection with Consultant’s provision of the Services, hired and non-owned vehicles, and employee non-ownership vehicles. City shall be named as an additional insured and such insurance shall be primary and non-contributing to any insurance or self-insurance maintained by City.

E. Consultant is expressly prohibited from assigning or subcontracting any of the Services without the prior written consent of City. In the event of mutual agreem ent by the Parties to assign or subcontract a portion of the Servic es, Consultant shall add such assignee or subcontractor as an additional insured to the insurance policies required hereby and provide Ci ty with the insurance endorsements prior to any Services being performed by the assignee or subcontractor.

6.2 Consultant shall defend, indemnify and hold harmless City and its elected and appointed officials, employees and agents from and against any and a ll claims, losses or liability, including reasonable attorneys’ fees, arising from injury or death to persons or damage to property occasioned by any negligent act or omission by, or the willful misconduct of, Consultant, or its officers, employees and agents in performing the Services.

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4 L:\ca\Agreements\KOA_Professional_Services-FY22-0044.doc-jm ARTICLE 7 – CONFLICTS OF INTEREST

7.1 Consultant covenants and represents that it does not have any investment or interest in any real property that may be the subject of this Agreement or any other source of income, interest in real p roperty or investment that would be affected in any manner or degree by the performance of Consultant’s Services. Consul tant further covenants and represents that in the performance of its duties hereunder, no person having any such interest shall perform any Services under this Agreement.

7.2 Consultant agree s it is not a de signated employee within the meaning of the Politica l Reform Act because Consultant:

A. Does not make a governmental decision whether to:

(i) approve a rate, rule or regulation, or adopt or enforce a City law; (ii) issue, deny, suspend or revoke any City permit, license, application, certification, approval, order or similar authorization or entitlement; (iii) authorize City to enter into, modify or renew a contract; (iv) grant City approval to a contract that requires City approval and to which City is a party, or to the specifications for such a contract; (v) grant City approval to a plan, design, report, study or similar item; (vi) adopt, or grant City approval of, policies, s tandards or guidelines for City or for any subdivision thereof.

B. Does not serve in a staff capacity with City and in tha t capacity, participate in making a governmental decision or otherwise perform the same or substantially the same duties f or City th at would otherwise be performed by an individual holding a position specified in City’s Conflict of Interest Code under Government Code section 87302.

7.3 In the event City determines that Consultant must disclose its financial interests, Consultant shall com plete and file a Fair Political Practices Commission Form 700, Statement of E conomic Interests , with the City Clerk’s of fice pursua nt to the written instructions provided by the City Clerk.

ARTICLE 8 – GENERAL CONSIDERATIONS

8.1 In the event any ac tion is co mmenced to enforce or interpret any of the terms or conditions of this Agreement the prevailing Party shall, in addition to any costs and other relief, be entitled to the recovery of its reasonable attorneys’ fees, including fees for the use of in-house counsel by a Party.

8.2 Consultant shall not assign any of the Services, except wi th the prior written approval of City and i n s trict co mpliance with the terms and conditions of this Agreement. Any assignment or attempted assignment without such prior written consent may, in the sole discretion of City, result in City’s immediate termination of this Agreement.

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8.3 Consultant is for all purposes under this Agreement an independent contractor and shall perform the Services as an independent contractor . Neither City nor any its agents shall have control over the conduct of Consultant or Consul tant’s employees, except as herein set fort h. C onsultant shall supply all necessary tools and instrumentalities required to perform the Services. Assigned personnel empl oyed by Consultant are for its account only, and in no event shall Consultant or personnel retained by it be deemed to have been employed by City or engaged by City for the account of, or on behalf of City. Consultant shall have no authority, express or i mplied, to act on behalf of City in any capacity whatsoever as an agent, nor shall Consultant have any authority, express or implied, t o bind City to any obligation.

8.4 This Agreement may be terminated by City, in its sole discretion, by providing not less than five (5) days prior written notice to Consultant of City’s intent to termin ate. If this Agreement is terminated by City, an ad justment to Consultant’s compensation shall be made, but (1) no amount shall be allowed for anticipated profit or unperformed S ervices, and (2) any payment du e Consultant at the time of te rmination may be adjusted to the extent of any additional costs to C ity occasioned by any default by Consultant. Upon receipt of a termination notice , Consultant shall immediately discontinue i ts provision of the Services and, within five (5) days of the date of the term ination notice, deliver or otherwise make available to City, copies (in both hard copy and electronic form, where applicable) of project related data, design calculations, drawi ngs, specifications, reports, estimates, summaries and such oth er information a nd materials as may have been accumulated by Consultant in performing the Services. Consultant shall be compensated on a pro-rata basis for Services completed up to the date of termination.

8.5 Consultant shall maintain books, ledgers, invoices , accounts and other rec ords and documents evidencing costs and expenses relat ed to the Services for a period of three (3) years, or for any longer period required by law, from the date of fin al payment to Consultant pursuant to this Agreement. Such books shall be available at reasonable times for examination by City at the office of Consultant.

8.6 This Agreement, including the Exhibits incorporated herein by reference, represents the entire agree ment and u nderstanding between the Parties as to the matters contained herein, and any prior negotiations, written proposals or verbal agreements relating to such matters are superseded by this Agreement. Except as otherwise provided for herein, any amendment to thi s Agreement shall be in writing, approved by City and signed by City and Consultant.

8.7 This Agreement shall be governed by an d construed in accordance with the laws of the State of California , without regard to its conflicts of laws provisions. T he Parties a gree that all actions or proceedings arising in connection with thi s Agreement shall be tried and litigated only in the state courts located in San Bernardino County, California, and the federal courts located in Riverside County, California.

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8.8 If one or m ore of the sentences, clauses, paragraphs or section s contained in t his Agreement is declared invalid, void or unenforce able by a court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall not affect, impair or invalidate the remaining sentences, claus es, paragraphs o r sections contained herein, unless to do so would depri ve a Party of a material benefit of its bargain under this Agreement.

IN WITNESS WHEREOF, duly authorized representatives of City and Consultant have signed in confirmation of this Agreement.

CITY OF REDLANDS KOA CORPORATION

By: ___________________________ By: _________________________ Paul T. Barich, Mayor Min Zhou, CEO/President

ATTEST:

___________________________
Jeanne Donaldson, City Clerk

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7 L:\ca\Agreements\KOA_Professional_Services-FY22-0044.doc-jm EXHIBIT "A"

SCOPE OF SERVICES

SCOPE OF WORK
KOA acknowledges the Scope of Services presented in the RFP.

TASK 1: PROJECT MANAGEMENT
Upon obtaining a notice to proceed, KOA will immediately schedule a kickoff meeting with the appropriate staff from the City to discuss project background, scope of work,
project objectives, scheduling, and relevant project details.

We want to make sure everyone involved on our team
understands the work scope, schedule, budget, and other important requirements to make the project a success.

One important item to discuss at the kickoff meeting is the number of study intersections to be evaluated.

Shirjeel Muhammad, PE, will be the Project Manager. He
is a senior engineer with about 23 years of experience. He has extensive experience in the field of traffic signal design, geometric design, traffic control design, pedestrian facilities, and handling municipal traffic engineering-related services.

He has also served as project manager and project engineer on many traffic engineering design projects for several cities in Southern California, including Cities of Riverside, Rialto, Costa Mesa, Yorba Linda, Orange, Manhattan Beach, etc. He will conduct weekly internal project meetings and maintain open lines of communication with all involved to move the project along. We strongly believe in proactive critical thinking and communication to minimize project delays. To avoid any unwanted surprises, KOA will be
completely transparent and proactive in dealing with any issues so the City can make knowledgeable decision on
alternative designs.

Our Project Management services will also include:
• Bi-weekly Meetings
• Meeting agendas and minutes, schedule updates,
action items, etc.
• Project Goals and Objectives
• Project Management Approach,
• Project scope and schedule; update it regularly to
reflect any significant changes
• Team roles and responsibilities
• Close coordination with the City’s Project Manager
TASK 2: DATA COLLECTION
After meeting with City staff and confirming the
preliminary list of study intersections, KOA will conduct a comprehensive field review of the locations to identify lane geometry and left turn pocket lengths, and to
observe traffic operations.

KOA will use this data to refine the preliminary list of problematic intersections and submit it to the City for review and approval of a final study intersection list.

Pending approval of the final list of study intersections, KOA will request the following data for these locations:
• Peak-hour traffic turning volumes
• Signal and striping as-built plans
• Signal phasing and timing data
• Any funded improvement plans

KOA will also obtain a 3-year accident data from the City or Statewide Integrated Traffic Records System (SWITRS).

The accident data analysis will focus on left-turn related collisions to identify locations that may require mitigation measures to improve safety and operational performance
for left-turn movements at the intersection.

Our preliminary field review observed that painted green bike lanes and other bicycle facilities are implemented sparingly in the City (e.g., Citrus/Church, Center/Brookside area). This study will also include a review of any bicycle- related left-turn issues and explore the possibility of installing bike boxes at intersections.

ADA COMPLIANCE ASSESSMENT
As an added value, KOA will perform an ADA compliance
assessment of the existing curb ramps at the study
locations. Our engineers will verify curb ramp dimensions/ grades with a smart level and measuring tape. The curb
ramp measurements will be documented on a curb ramp
field form and provided to the City. We will document
these grades and inform the City of all deficiencies.

TASK 3: IDENTIFICATION OF PROJECT

INTERSECTIONS
Based on the available data as outlined previously,
KOA will work with the City to pin-point signalized and unsignalized intersections with apparent issues such as:
• Insufficient left-turn lane length against the peak
hour counts
• Queue spillback
• Inadequate green for left-turn phase
Task 1 Deliverables
• Work Plan
• Schedule
• Agenda and minutes for each meeting
• Status reports

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8 L:\ca\Agreements\KOA_Professional_Services-FY22-0044.doc-jm After our initial determination of the study intersection, KOA will field Investigate and verify existing roadway
geometry, including striping, pavement markings, and
signage at each subject intersection against the provided data. We will document the site visit with photos and field notes. We will also observe overall traffic flow at each project location, noting any potential recommendations
for further operational improvements.

KOA’s fee schedule assumes we will analyze up to 120
intersections. The study scope will be refined based on City staff’s input.

The calibrated existing conditions models developed
will be updated with forecast traffic volumes to analyze the level of service of study intersections and left-turn queuing conditions. Traffic simulations will be observed using Synchro and SimTraffic software packages. The
analysis will identify appropriate left-turn pocket lengths and left-turn phasing. The analysis will also include the need to keep or convert shared left-through lanes.

The simulation model outputs of pre-mitigation and
post-mitigation scenarios will be compared to report
the improvements in level of service and queue lengths.

Mitigation measures will be proposed for intersections
determined to have problematic left-turns during existing or future year conditions analysis. Mitigation measures will include low-budget solutions without additional right-of- way measures or long-term improvement measures. These
TASK 4: EVALUATION OF PROJECT

INTERSECTIONS
There are generally three methods in determining storage lengths for left-turn lanes:
• Rule-of-thumb methods
• Queuing theory-based analytical methods
• Traffic model-based methods (Synchro + SimTraffic,
etc.)

For selected intersections, KOA proposes to develop traffic simulation models using Synchro and SimTraffic software packages to evaluate the impact of left-turn lanes and any benefits that the addition of a left-turn lane or increased left-turn storage length may provide, without adding
additional right-of-way. We will create a calibrated Synchro model for existing conditions. Accident history will be a key indicator of intersection safety performance. KOA will review 3-year accident history for each study intersection within the City, focusing on left-turn related and rear-end accidents. The review will help identify intersections where left-turn operations need to be enhanced with safety
features.

Some existing shared left-through travel lanes or short left-turn pockets may not be able to accommodate the
ever-increasing volume of left-turning vehicles in future years. To evaluate future needs, KOA will obtain future year link volumes from the latest San Bernardino Traffic Analysis Model (SBTAM) model and apply NCHRP 255
Post-Processing methodologies to forecast turning
volumes at selected intersections. KOA has worked
with SBCTA before and fully understands the process of
obtaining future traffic model data.
measures can include but are not limited to:
• Optimizing the signal phasing sequence
• Optimizing signal timing parameters to reduce the
delay caused by left-turn lane overflow
• Adding left-turn lanes to reduce the delay caused by
blockage problems
• Extending storage lengths of left-turn pockets to
reduce the possibility of overflow and blockage
problems

Task 4 Deliverables
• Synchro Models

TASK 5: FINAL REPORT
A final technical report with an executive summary will be prepared for this project. The report will summarize the results of our field review, data collection, and engineering analysis for the existing and future year conditions.

The report will include a list of all (up to a total of 120) signalized and unsignalized intersections having existing or potential left-turn issues. The report will summarize evaluation methodologies and criteria to analyze the
operation of existing left-turn pockets and examine
the feasibility of adding left-turn pockets or phases.

Mitigation measures will be presented in the report for each type of left-turn pocket related issue. The findings will be supplemented using easy to understand schematic graphics with map relevance.

Task 3 Deliverables
• List of Study Intersections

Task 5 Deliverables
• Final Technical Report

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9 L:\ca\Agreements\KOA_Professional_Services-FY22-0044.doc-jm EXHIBIT "B"

PROJECT SCHEDULE

Below is KOA’s proposed schedule of events, City review periods, and deliverables for the project. The KOA team will complete the project in nine weeks.

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10 L:\ca\Agreements\KOA_Professional_Services-FY22-0044.doc-jm EXHIBIT "C"
Fee Schedule Title

Principal PIC Senior Project Senior Associate Admin.

QA/QC PM Engineer Manager Associate Engineer Assist.

Eng. TOTAL
$305 $260 $208 $180 $145 $115 $98 COST
Management of Project Team 40 8 $11,184.00
Kick-off Meeting 2 1 1 $873.00
PDT Meetings 8 8 4 $4,324.00
QA/QC 8 $2,440.00
Subtotal 8 50 9 5 8 $18,821.00
Task 2 - Data Collection
Review existing Documents 4 8 24 $6,184.00
Field Survey 100 $11,500.00
Subtotal 4 8 24 100 $17,684.00
Task 3 - Identification of Project Intersections
Coordination with City Staff on Preliminary List 8 16 $5,408.00 Field Comparison 4 12 16 48 $11,376.00
Subtotal 12 28 16 48 $16,784.00
Model Building 4 12 32 80 $17,376.00
Existing and Future Traffic Analysis 4 12 32 32 $11,856.00 Recommendations 4 12 16 $5,856.00
Subtotal 12 36 80 112 $35,088.00
Final Report 6 16 32 $9,528.00
Subtotal 6 16 32 $9,528.00
1) Reports Printing $500.00
2) Mileage $1,500.00
TOTAL HOURS 8 84 97 0 157 260 8
TOTAL COST $99,905.00
Reimbursables
Task 1 - Project Management
Task 4 - Evaluation of Project Intersections
Task 5 - Final Report
Fee/Cost Proposal
Engineering and Design Services

CITYWIDE LEFT-TURN POCKET STUDY
PROJECT NO. 08112022JS
City of Redlands
TASKS
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11 L:\ca\Agreements\KOA_Professional_Services-FY22-0044.doc-jm EXHIBIT "D"

WORKERS’ COMPENSATION INSURANCE CERTIFICATION

Every employer, except the State, shall secure the payment of compensation in one or more of the following ways:

(a) By being insur ed against li ability to pay compensation by one or more insurer s duly authorized to write compensation insurance in this State. (b) By securing from the Director of Industrial Relations, a certificate of consent to self-insure, either as an individual employe r, or as one employer in a group of employers, which may be given u pon furnishing proof satisfactory to the Director of Industrial Relations of ability to self -insure and to pay any compensation that may become due to his or her employees.

CHECK ONE

_____I am aware of the provi sions of Section 3700 of the Labor Code wh ich req uires every employer to be insured against liability for Workers’ Compensation or to undertake self - insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work and activities required or permitted under this Agreement. (Labor Code §1861).

_____I affirm that at all times, in performing the work and activities required or permitted under this Agreement, I shall not e mploy any person in any manner such that I become subject to the workers’ compensation laws of California. However, at any time, if I employ any person such that I become subject to the workers’ compensation laws of California, immediately I shall provide the City w ith a certificate of consent to self -insure, or a certification of workers’ compensation insurance.

I certify under penalty of perjury under the laws of the State of California that the information and representations made in this certificate are true and correct.

KOA CORPORATION

By: D ate: ___________________
Min Zhou, CEO/President

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City Council/Successor Agency Meeting G. 13.

DATE: 11/01/2022
TO: Honorable Mayor and City Council Members
SUBJECT: Approve the request for in-kind support for $19,594 related to the Kiwanis Christmas Parade hosted by the Kiwanis Club of Redlands, Noon; approve the request to close E. Citrus Ave., 8th St., Orange St., Eureka St., W. State St., and Brookside Ave. for the event on December 3, 2022; and determine that the approval of the request is exempt from environmental review pursuant to Section 15311 of the State’s guidelines implementing the California Environmental Quality Act (Assistant City Manager Boatman)
MOTION(S):

If the City Council determines that staff's recommendation is appropriate, the following motions are provided:

I move that the City Council determine that approval of the request for the event in Downtown Redlands during the Kiwanis Christmas Parade is exempt from environmental review pursuant to Section 15311 of the State’s guidelines implementing the California Environmental Quality Act; and

1. I move to authorize and approve a request for in-kind support in the amount of $19,594 related to this event; and

2. I move to authorize the temporary closure of E. Citrus Ave., 8th St., Orange St., Eureka St., W. State St., And Brookside Ave., on December 3, 2022.

3. RECOMMENDATION:

Staff recommends that City Council determine that approval of the request for the event is exempt from environmental review pursuant to Section 15311 of the state’s guidelines implementing the California Environmental Quality Act (CEQA) and approve the temporary street closures of E. Citrus Ave., 8th St., Orange St., Eureka St., W. State St., And Brookside Ave., on December 3, 2022, for the event. Additionally, staff recommends that the City Council direct staff accordingly concerning the request for in-kind support.

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DISCUSSION:

The Facilities and Community Services Department manages the administration and issuance of permits for special events held in public areas of the City. Upon the issuance of a special event permit, the event may take place contingent on the event organizer paying the required fees. The City recognizes the value of partnering with non-profit agencies and organizations to provide services beneficial to the community. In an effort to provide support for programs that provide a community benefit, the City Council will, from time to time, consider the authorization of in-kind support including the use of City resources and facilities in support of a special event.

The Noon Kiwanis Club of Redlands (Kiwanis Club) has requested the use of the downtown area for their annual Christmas parade to be held on December 3, 2022, with a rain-out date of December 10, 2022. The Kiwanis Club is requesting in-kind support and departmental resources, including personnel and equipment from the Facilities and Community and Police Departments, in the amount of $19,594 for the 2022 annual Kiwanis Christmas Parade. The Kiwanis Club is a registered non-profit organization operating out of the City of Redlands and has held the Kiwanis Christmas Parade event locally since 1990.

The event is exempt from the requirements of the California Environmental Quality Act’s guidelines pursuant to Section 15311(c). Section 15311(c), accessory structures Class 11 consists of construction, or replacement of minor structure accessory to existing commercial, industrial, or institutional facilities, including placement of seasonal or temporary use items such as mobile food units, portable restrooms or similar items in generally the same locations from time to time in publicly owned parks or other facilites designed for public use.

ALTERNATIVES:

The City Council may deny the request.

STRATEGIC PLAN:

Priority A - Quality of Life, Strategic Objective 1. Beautification, Arts and Culture.

SUBMITTED BY:

Chris Boatman, Assistant City Manager
RECOMMENDED BY:

Charles M. Duggan Jr., City Manager
REVIEWED BY:

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REVIEWED BY:

Janice McConnell, Assistant City Manager
Danielle Garcia, Management Services/Finance Director
Christopher R. Catren, Police Chief
PREPARED BY:

Larry Alms, Administrative Assistant II
Fiscal Impact
Fiscal Year: FY 2022-23
Discussion:

In anticipation of the City Council's consideration of this request, staff has compiled the following table outlining costs related to fees established by resolution of the City Council and departmental charges pertaining to personnel and equipment resources necessary for the support of the event. The departmental charges are costs outside of normal city operations that would not be incurred by the City if the special event was not taking place.

Departmental Charges
(Personnel & Equipment)
2022 Amount Type 2021 Amount
Police Personnel1 $19,020.00 Hard Cost $18,978.00
Facilities & Community Services
Personnel1
$280.00 Hard Cost $2,112.00
Street Sweeping $200.00 Hard Cost N/A
Facilities & Community Services
Equipment
N/A Soft Cost $250.00
Personnel & Equipment Subtotal $19,500.00 $21,340.00
Fees Established by City Council
Resolution
Ed Hales Park Reservation Permit $94.00 Soft Cost N/A
Fees Subtotal $94.00 $N/A
Total Departmental Charges and
Fees
$19,500.00
(hard)
$94.00(soft)
$19,594.00
(Total)
$21,340.00
1Personnel costs are calculated conservatively assuming the highest staff cost scenario. Actual costs may vary on the day of the event based on the actual staff present. Actual costs will be confirmed following the event and will be Redlands Regular Meeting of 11/01/2022

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included in a reconciliation report presented to the City Council.

The following table summarizes the total estimated costs associated with the use of City resources and in-kind support approved for events scheduled during Fiscal Year 2022-23 to date:

TABLE 2: FY 2022-23 Fee Waivers to date
Hard Costs Soft Costs Deposits
Refunded
In-kind support
Amount
Net
Amount
$151,716.00 $5,563.50 $4,600.00 $156,355.50 $151,735.50 Attachments
A. In-Kind Support Request
B. Verification of Nonprofit
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Electronic copies (images) of Forms 990, 990-EZ, 990-PF or 990-T returns filed with the IRS by charities and non- profits.

Back to Search Results
EIN: 95-1702793 | --, --, United States
Details about Kiwanis club of redlands k00749 https://apps.irs.gov/app/eos /detailsPage?ein=951702793&name=KIW... 1 of 1 10/4/2022, 4:32 PM
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City Council/Successor Agency Meeting G. 14.

DATE: 11/01/2022
TO: Honorable Mayor and City Council Members
SUBJECT: Approve the agreement with Southern California Lighting Inc. DBA The Christmas Kings for holiday decor and installation services for the downtown area an amount not-to-exceed $132,000 for a two-year term, with an additional one-year extension for an amount not-to-exceed $66,000 (Assistant City Manager Boatman)
MOTION(S):

If the City Council determines that staff’s recommendation is appropriate, the following motion is provided:

I move that the City Council approve an agreement with Southern California Lighting Inc. DBA The Christmas Kings for holiday decor and installation services for the downtown area an amount not-to-exceed $132,000 for a two-year term, with an additional one-year extension for an amount not-to-exceed $66,000.

RECOMMENDATION:

Staff recommends that the City Council approve an agreement with Southern California Lighting Inc. DBA The Christmas Kings for holiday decor and installation services for the downtown area an amount not-to-exceed $132,000 for a two-year term, with an additional one-year extension for an amount not-to-exceed $66,000.

DISCUSSION:

The City of Redlands decorates the downtown annually during the holiday season to encourage visitation to the area and support downtown businesses.

Decorations include garland, wreaths, bows, and a large Christmas tree in Ed Hales Park. The tree that has been utilized in recent years includes a light show set to music. The area consists of East State Street, Orange Street (between State Street and Lugonia Avenue), and 5th Street.

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State Street and Lugonia Avenue), and 5th Street.

In accordance with the City's procurement policies, a request for bids for the holiday decor and installation services was advertised on October 6, 2022, and bid packages were opened at the City Clerk's office on October 17, 2022.

Southern California Lighting Inc. DBA The Christmas Kings was identified as the lowest responsive and responsible bidder. The one quote was received and is shown in the table below.

Bidder Name Amount
Southern California Lighting Inc. DBA The Christmas
Kings
$66,000
Historically, the cost of these services has been approximately $64,000 per year for the decoration of the downtown during the holiday season. In addition, Christmas Kings has completed the installation of holiday decor within the downtown area over the past several years and has successfully addressed the desire to create a unique experience for all visitors to the area.

ALTERNATIVES:

The City Council may elect not to approve the agreement and direct staff accordingly.

STRATEGIC PLAN:

N/A
SUBMITTED BY:

Chris Boatman, Assistant City Manager
RECOMMENDED BY:

Charles M. Duggan Jr., City Manager
REVIEWED BY:

Yvette M. Abich Garcia, City Attorney
Janice McConnell, Assistant City Manager
Danielle Garcia, Management Services/Finance Director
PREPARED BY:

Erik Reeves, Field Services Superintendent
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Fiscal Impact
Fiscal Year: FY 2022-24
Revenue Generating: N
Appropriation Required Y/N: N
Amount: 123,0000
Budgeted Y/N: Y
Account No.: 101303
Discussion:

Sufficient funding for this service is included in the Parks Divisions (101303) budget for Fiscal Year 2022-23 and 2023-24 as approved by the City Council.

Attachments
Holiday Lighting & Decor
Southern California Lighting Inc. DBA Christmas Kings Agreement Redlands Regular Meeting of 11/01/2022

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AGREEMENT TO PERFORM NON-PROFESSIONAL SERVICES

This agreement for the provision of holiday lighting and decoration installation (“Agreement”) is made and entered in this 1st day of November 2022 (“Effective Date”), by and between the City of Redlands, a municipal corporation (“City)” and Southern California Lighting Inc., a California corporation DBA The Christmas Kings (“Contractor”). City and Contractor are sometimes individually referred to herein as a “Party” and, together, as “Parties.” In consideration of the mutual promises contained herein, City and Contractor agree as follows:

ARTICLE 1 – ENGAGEMENT OF CONTRACTOR

1.1 City hereby engages Contractor to perform holiday lighting and decoration installations (the “Services”).

1.2 The Services shall be performed by Contractor in a professional manner, and Contractor represents that it has the skill and the professional expertise necessary to provide the Services to City at a level of competency prese ntly maintained by other practicing professional Contractors in the industry providing like and similar types of Services.

ARTICLE 2 – SERVICES OF CONTRACTOR

2.1 The Services that Contractor shall perform are more particularly described in Exhibit “A,” entitled “Scope of Services,” which is attached hereto and incorporated herein by reference.

2.2 Contractor shall comply with applicable federal, state and local laws and regulations in the performance of this agreement including, but not limited to State prevailing wage laws.

ARTICLE 3 – RESPONSIBILITIES OF CITY

3.1 City shall make available to Contractor information in its possession that may assist Contractor in performing the Services.

3.2 City des ignates Chris Boatman, Assistant City Manager , as City’s representative with respect to performance of the Services, and such person shall have the authority to transmit instructions, receive information, interpret and define City’s policies and decisions with respect to performance of the Services.

ARTICLE 4 – PERFORMANCE OF SERVICES

4.1 Contractor shall perform and complete the Services in a prompt and diligent manner in accordance with the schedule set forth in Exhibi t “A,” entitled “Scope of Services .” The Services shall commence within ten (10) days of the Effective Date of this Agreement.

4.2 The Term of the Agreement shall be for a period of two (2) year from the Effective Date of this Agreement (the “Initial Term”). The City shall have the option to extend the Initial Term of this Agreement by one (1) additional term (as “Extended Term”), on the same Redlands Regular Meeting of 11/01/2022

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terms and conditions, by providing written notice to Contractor at least thirty (30) days prior to the expiration of the Initial Term or any Extended Term.

4.3 During the term of this Agreement, City may request that Contractor perform Extra Services. As used herein, “Extra Services” means any work that is determined necessary by City for the proper completion of the Services, but which the Parties did not reasonably anticipate would be necessary at the time of execution of this Agreement. Provided the Extra Services do not exceed twenty percent (20%) of the compensation to be paid by City to Contractor for the Services, such Extra Services may be agreed to by official in accordance with Chapter 2.16 of the Redlands Municipal Code. Contractor shall not perform, nor be compensated for, Extra Services without such written authorization from City.

ARTICLE 5 – PAYMENTS TO CONTRACTOR

5.1 The annual compensation for Contractor’s performance of the Services shall be in the amount of One Hundred and Thirty -Two Thousand Dollars ($132,000.00) for the initial two-year term and total compensation of One Hundred and Ninety-Eight Thousand Dollars ($198,000.00) throughout extended terms of this Agreement.

5.2 Contractor shall submit one invoice upon completion of each annual episode of Services provided in accordance with the schedule set forth in Exhibit “A,” entitled “Scope of Services.” City shall pay Contractor no later than thirty (30) days after receipt and approval by City of Contractor’s invoice.

5.4 Any n otice or other communication required, or which may be given, pursuant to this Agreement, shall be in writing. Any such notice shall be deemed delivered (i) on the date of delivery in person; (ii) five (5) days after deposit in first class registered mail, with return receipt requested; (iii) on the actual delivery date if deposited with an overnight courier; or (iv) on the date sent by facsimile, if confirmed with a copy sent contemporaneously by first class, certified, registered or express mail; in each case properly posted and fully prepaid to the appropriate address set forth below, or such other address as a Party may provide notice in accordance with this section:

City Contractor
Chris Boatman Mathew Kronquist
Assistant City Manager Owner
City of Redlands Southern California Lighting Inc. DBA
The Christmas Kings
35 Cajon Street, Suite 200 31500 Grape St. Unit 3233
P.O. Box 3005 (mailing) Lake Elsinore, CA 92532
Redlands, CA 92373

Such addresses may be changed by notice to the other Party given in the same manner as provided above.

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ARTICLE 6 – INSURANCE AND INDEMNIFICATION

6.1 Insurance required by this Agreement shall be maintained by Contractor for the duration of its performance of the Services. Contractor shall not perform any Services unless and until the required insurance listed below is obtained by Contractor. Contractor shall provide City with certificates of insurance and endorsements ev idencing such insurance prior to commencement of the Services. Insurance policies shall include a provision prohibiting cancellation or modification of the policy except upon thirty (30) days prior written notice to City.

6.2 Workers’ Compensation and Employe r’s Liability insurance in the amount that meets statutory requirements with an insurance carrier acceptable to City, or certification to City that Consultant is self-insured or exempt from the workers’ compensation laws of the State of California. Consultant shall provide City with Exhibit “ B” entitled “Workers’ Compensation Insurance Certification,” which is attached hereto and incorporated herein by this reference.

6.3 Contractor shall secure and maintain comprehensive general liability insurance with carriers acceptable to City. Minimum coverage of One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) aggregate for public liabili ty, property damage and personal injury is required. City shall be named as an additional insured and such insurance shall be primary and non -contributing to any insurance or self -insurance maintained by City.

6.4 Contractor shall secure and maintain business auto liability coverage, with minimum limits of One Million Dollars ($1,000,000) per occurrence, combined single limit bodily injury liability and property damage liability. This coverage shall include all Contractor owned vehicles used in connection wit h Contractor’s provision of the Services, hired and non - owned vehicles, and employee non -ownership vehicles. City shall be name d as an additional insured and such insurance shall be primary and non -contributing to any insurance or self-insurance maintained by City.

6.5 Consultant shall defend, indemnify and hold harmless City and its elected officials, employees and agents from and against any and all claims, losses or liability, including attorneys’ fees, arising from injury or death to persons or damage to property occasioned by any negligent act or omission by, or the willful misconduct of, Consultant, or its officers, employees and agents in performing the Services.

ARTICLE 7 – CONFLICTS OF INTEREST

7.1 Contractor covenants and represents that it does not have any investment or interest in any real property that may be the subject of this Agreement or any other source of income, interest in real property or investment that would be affected in any manner or degree by the performance of Contractor’s Services. Contractor further covenants and represents that in the performance of its duties hereunder, no person having any such interest shall perform any Services under this Agreement.

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7.2 Contractor agrees it is not a designated employee within the meaning of the Po litical Reform Act because Contractor:

A. Does not make a governmental decision whether to:

(i) approve a rate, rule or regulation, or adopt or enforce a City law; (ii) issue, deny, suspend or revoke any City permit, license, application, certification, approval, order or similar authorization or entitlement; (iii) authorize the City to enter into, modify or renew a contract; (iv) grant City approval to a contract that requires City approval and to which City is a party, or to the specifications for such a contract; (v) grant City approval to a plan, design, report, study or similar item; (vi) adopt or grant City approval of, policies, standards or guidelines for City or for any subdivision thereof.

B. Does not serve in a staff capacity with City and, in that capacity, participate in making a governmental decision or otherwise perform the same or substantially the same duties for City that would otherwise be performed by an individual holding a position specified in City’s Conflict of Interest Code under Government Code section 87302.

7.3 In the event City officially determines that Contractor must disclose its financial interests, Contractor shall complete and file a Fair Political Practices Commission Form 700, Statement of Ec onomic Interests , with the City Clerk ’s office pursuant to the written instructions provided by the City Clerk.

ARTICLE 8 – GENERAL CONSIDERATIONS

8.1 In the event any action is commenced to enforce or interpret any of the terms or conditions of this Agreement the prevailing Party shall, in addition to any costs and other relief, be entitled to the recovery of its reasonable attorneys’ fees, including fees for the use of in - house counsel by a Party.

8.2 Contractor shall not assign any of the Services, exc ept with the prior written approval of City and in strict compliance with the terms and conditions of this Agreement.

8.3 Records, drawings, designs, cost estimates, electronic data files, databases and any other documents developed by Contractor in connection with its performance of the Services, and any copyright interest in such documents, shall become the property of City and shall be delivered to City upon completion of the Services, or upon the request of City. Any reuse of such documents, and any use of incomplete documents, shall be at City’s sole risk.

8.4 Contractor is for all purposes under this Agreement an independent contractor and shall perform the Services as an independent contractor. Neither City nor of its agents shall have control over the conduct of Contractor or Contractor’s employees, except as herein se t forth. Contractor shall supply all necessary tools and instrumentalities required to perform the Services. Assigned personnel employed by Contractor are for its account only, and in no event shall Contractor or personnel retained by it be deemed to have been employed by Redlands Regular Meeting of 11/01/2022

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City or engaged by City for the account of, or on behalf of City. Contractor shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent, nor shall Contractor have any authority, express or implied, to bind City to any obligation.

8.5 Unless earlier terminated as provided for below, this Agreement shall terminate upon completion and acc eptance of the Services by City; provided, however, this Agreement may be terminated by City, in its sole discretion, by providing not less than ten (10) days prior written notice to Contractor of City’s intent to terminate. If this Agreement is terminated by City, an adjustment to Contractor’s compensation shall be made, but (1) no amount shall be allowed for ant icipated profit or unperformed Services, and (2) any payment due Contractor at the time of termination may be adjusted to the extent of any additional costs to City occasioned by any default by Contractor. Upon receipt of a termination notice, Contractor shall immediately discontinue its provision of the Services and, within five (5) days of the date of the termination notice, deliver or otherwise make available to City, copies (in both hard copy and electronic form, where applicable) of project re lated dat a, drawings, spe cifications, reports, summaries and such other information and materials as may have been accumulated by Contractor in performing the Services. Contractor shall be compensated on a pro-rata basis for Services completed up to the date of termination.

8.6 Contractor shall maintain books, ledgers, invoices, accounts and other records and documents evidencing costs and expenses related to the Services for a period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor pursuant to this Agreement. Such books shall be available at reasonable times for examination by City at the office of Contractor.

8.7 This Agreement, including the Exhibits incorporated herein by reference, represents the entire agreement and understanding between the Parties as to the matters contained herein, and any prior negotiations, written proposals or verbal agreements relating to such matters are superseded by this Agreement. Except as otherwise provided for herein, an y amendment to this Agreement shall be in writing, approved by City and signed by City and Contractor.

8.8 This Agreement shall be governed by and construed in accorda nce with the laws of the State of California.

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IN WITNESS WHEREOF, duly authorized representatives of City and Contractor have signed in confirmation of this Agreement.

CITY OF REDLANDS SOUTHERN CALIFORNIA LIGHTING
INC. DBA THE CHRISTMAS KINGS

By: _____________________________ By: _________________________ Charlie Duggan, City Manager Mathew Kronquist, Owner

ATTEST:

___________________________
Jeanne Donaldson, City Clerk

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EXHIBIT “A”

SCOPE OF SERVICES AND BID SCHEDULE

Request for Bid #FCS10122021JS
HOLIDAY DÉCOR RENTAL AND INSTALLATION SERVICES

All Bidders must conform to these specifications and the products they furnish shall be of first class quality and said product shall be the best obtainable in the various trades. The following criteria will also need to be adhered to:

Bidder must bid on all items; award will be mad e to the lowest responsive and responsible bidder.

Prices shall include all costs for the services/items described, overhead costs, including, but not limited to, sales tax, freight, delivery and fuel fees shall be included in the total price. Prices shall remain in effect for the term of the contract and prices shall remain in effect for 90 days from the bid opening date.

Bidder further agrees; in addition to the terms and conditions specified herein the following terms and conditions that are a part of this quote and any resulting contract. Quantities stated below are estimates only and are not guaranteed. Quote unit price on the estimated quantity and unit of measure specified. The City may order more or less than the estimated quantity indicated on quote price sheet.

DO NOT hand write in any other amounts, notations, specifications to the quote price list below that are not called for in the specifications or quote price sheet. DO NOT include any pricing sheets or any other documentation not called for in the quote specifications. Doing so may deem your quote nonresponsive and cause your quote to be rejected.

SCOPE OF SERVICES

Holiday decoration items will be installed along the historic downtown East State Street, Orange Street, and 5 th Street. These items include an artificial tree, artificial garland, ornament wreaths, and miscellaneous holiday items for display. Commercial grade artificial garland, 18” by 24” red bows will be placed on 65 light posts thro ughout the downtown area. Services also include three 60” pre-light wreaths that will be placed at Ed Hales Park and on the two arches along East State Street.

The contractor shall provide a 38 -foot Christmas tree with a six foot topper to be placed at Ed Hales Park. The tree will need to be programmed with a custom light show to music; each song approximately 3 minutes in length, 3 songs total. Light show will need to be controlled by commercial grade LOR controllers allowing the tree to be synchronized to music. The lights on the tree will chase up and down from top to bottom, all red lights on or all green lights on at one time. Lights on the garland and star will need to be controlled independently. All sections of the tree will need to be controlled and able to be turned on with a specific schedule. Three outdoor rated loud speakers will need to be installed in the tree with a commercial grade crown power amp Redlands Regular Meeting of 11/01/2022

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to drive the speakers. A technician will need to be onsite during testing and lighting ceremo ny to ensure workability.

Contractor is responsible for maintenance, repair and/or replacement of equipment and appurtenances associated with the decorations and components that operate the decorations through the duration of usage.

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EXHIBIT “B”

WORKERS’ COMPENSATION INSURANCE CERTIFICATION

Every employer, except the State, shall secure the payment of compensation in one or more of the following ways:

(a) By being insured against liability to pay compensation by one or more insurers duly authorized to write compensation insurance in this State. (b) By securing f rom the Director of Industrial Relations, a certificate of consent to self-insure, either as an individual employer , or as one employer in a group of employers, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations o f ability to self -insure and to pay any compensation that may become due to his or her employees.

CHECK ONE

_____I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work and activities required or permitted under this Agreement. (Labor Code §1861).

_____I affirm that at all times, in performing the work and activities required or permitted under this Agreement, I shall not employ any person in any manner such that I become subject to the workers’ compensation laws of California. However, at any time, if I employ any person such that I become subject to the workers’ compensation laws of California, immediately I shall provide the City with a certificate of consent to self -insure, or a certification of workers’ compensation insurance.

I certify under penalty of perjury under the laws of the State of California that the information and representations made in this certificate are true and correct.

Southern California Lighting Inc. DBA The Christmas Kings

Date: ___________________ By:

Mathew Kronquist, Owner

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City Council/Successor Agency Meeting G. 15.

DATE: 11/01/2022
TO: Honorable Mayor and City Council Members
SUBJECT: Adopt Ordinance No. 2947, Zone Change No. 475, (Second Reading) - Amend the City's Zone Map to include and identify the Transit Villages Specific Plan (Specific Plan No. 65) area as a new zoning designation on the Zone Map (Development Services Director Desatnik)
MOTION(S):

If the City Council determines that staff’s recommendation is appropriate, the following motion is provided:

I move to adopt Ordinance No. 2947.

RECOMMENDATION:

It is recommended the City Council consider adoption of Ordinance No. 2947, Zone Change No. 475, (Second Reading), amending the city's Zone Map to include and identify the Transit Villages Specific Plan (Specific Plan No. 65) area as a new zoning designation on the Zone Map.

DISCUSSION:

The proposed ordinance and staff report prepared for the introduction of this ordinance are available in the City Clerk's office.

ALTERNATIVES:

The Council may continue this matter in order to allow additional time to review Ordinance No. 2947.

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STRATEGIC PLAN:

Not Applicable
SUBMITTED BY:

Jeanne Donaldson, City Clerk
RECOMMENDED BY:

Charles M. Duggan Jr., City Manager
REVIEWED BY:

Yvette M. Abich Garcia, City Attorney
Janice McConnell, Assistant City Manager
PREPARED BY:

Jeanne Donaldson, City Clerk
Fiscal Impact
Discussion:

Codification: $22/per page affected by the change
Legal Publication: $300

Attachments
Ordinance No. 2947 TVSP Zone Change
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-1-
L:\Ord\ORD 2947_amended_Zone map update for TVSP.docx.doc ORDINANCE NO. 2947

AN ORDINANCE OF THE CITY OF REDLANDS APPROVING ZONE
CHANGE NO. 475 AND AMENDING THE CITY’S ZONE MAP PURSUANT TO TITLE 18 (ZONING REGULATIONS) OF THE REDLANDS MUNICIPAL CODE

TO IMPLEMENT THE TRANSIT VILLAGES SPECIFIC PLAN (SPECIFIC PLAN NO. 65) DISTRICTS AND PROJECT AREA.

WHEREAS, the City of Redlands has initiated Zone Change No. 475 to amend the City’s official Zone Map to accommodate the proposed Transit Villages Specific Plan (Specific Plan No. 65) project; and
WHEREAS, Ordinance No. 2947 (Zone Change No. 475) would amend the City’s official Zone Map of Title 18 (the City’s “Zoning Ordinance”) of the Redlands Municipal Code to change zoning designations of numerous properties located within the Transit Villages Specific Plan (Specific Plan No. 65) area, implement the Transit Villages Specific Plan (Specific Plan No. 65), and assign and implement new Specific Plan district designations contained therein; and

WHEREAS, on October 5, 2022, the Planning Commission held a noticed public hearing at which interested persons had an opportunity to testify in support of, or opposition to, Zone Change No. 475 and at which the Planning Commission considered Zone Change No. 475; and

WHEREAS, a Draft Environmental Impact Report (DEIR) for the proposed project and Zone Change No. 475 was published on July 20, 2022, and circulated for a 45-day public review and comment period beginning on July 21, 2022, and ending on September 6, 2022; and WHEREAS, a Final Environmental Impact Report (Final EIR) was published on September 21, 2022, with responses to comments; and
WHEREAS, following the public hearing on October 5, 2022, the Planning Commission determined that Zone Change No. 475 would be in conformity with the 2035 General Plan, and would be consistent with goals of the General Plan for retail/commercial land use districts; and,

WHEREAS, on October 5 , 2022, the Planning Commission recommen ded to the City Council that proposed Zone Change No. 475 be approved; and

WHEREAS, in accordance with Government Code section 65090, on or about October 7, 2022, the City Clerk gave notice by publication in a newspaper of general circulation of the holding of a public hearing at which Ordinance No. 2947 (Zone Change No. 475) would be considered by City Council; and

WHEREAS, on October 18, 2022, the City Council held a noticed public hearing at which interested persons had an opportunity to testify in support of, or opposition to, Ordinance No. 2947.

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

SECTION 1. CALIFORNIA ENVIRONMENTAL QUALITY ACT. As adopted and certified by City Council Resolution No. 8399, the Draft and Final Environmental Impact Report for the proposed project, including Zone Change No. 475, have been prepared in compliance with the California Environmental Quality Act (CEQA), pursuant to applicable sections of Articles 7, 8, 9 and 10 of the CEQA Guidelines.

SECTION 2. APPROVAL OF ZONE CHANGE NO. 475. The City Council of the City of Redlands hereby adopts Zone Change No. 475 for the Transit Villages Specific Plan (Specific Plan No. 65) project area, as shown in Exhibit “A” attached hereto. The residential neighborhood along N. Center Street and westerly of N. Center Street, between W. State Street and Pine Avenue, and to the east and south of Redlands Adventist Academy shall be changed to “Neighborhood General 2” on the Regulating Plan.

SECTION 3. The Mayor shall sign this ordinance and the City Clerk shall certify to the adoption of this ordinance and shal l cause it, or a summary of it, to be published once in the Redlands Daily Facts, a newspaper of general circulation within the City, and thereafter, this ordinance shall take effect as provided by law.

_________________________________
Paul T. Barich, Mayor

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ATTEST:

____________________________________
Jeanne Donaldson, City Clerk

I, Jeanne Donaldson, City Clerk, City of Redlands, hereby certify that the foregoing Ordinance was duly adopted by the City Council at the regular meeting thereof, held on the ______ day of ___________________, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

__________________________________
Jeanne Donaldson, City Clerk

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EXHIBIT A
ZONE CHANGE NO. 475

TRANSIT VILLAGES SPECIFIC PLAN

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City Council/Successor Agency Meeting H. 1.

DATE: 11/01/2022
TO: Honorable Mayor and City Council Members
SUBJECT: Consideration of a purchase order and agreement with Yiftee Inc. in the amount not to exceed $2,122,903 to facilitate the implementation of the ARPA Small Business Gift Card Match Program (Assistant City Manager McConnell)
MOTION(S):

If the City Council determines that staff’s recommendation is appropriate, the following motion is provided:

I move that the City Council approve a Purchase Order and Agreement with Yiftee Inc. in the amount not to exceed $2,122,903 from the Small Business Gift Card Match Program allocation of State and Local Fiscal Recovery Funds (SLFRF) through the American Rescue Plan Act (ARPA)

1. I move that the City Council authorize the City Manager or his designee to execute the Agreement and Agreement amendments and other documents necessary to implement the Small Business Gift Card Match Program.

2. RECOMMENDATION:

Staff recommends that the City Council approve a Purchase Order and Agreement with Yiftee Inc., in the amount not to exceed $2,122,903 from the Small Business Gift Card Match Program allocation of State and Local Fiscal Recovery Funds (SLFRF) through the American Rescue Plan Act (ARPA). The Purchase Order and Agreement will facilitate the implementation of the City’s gift card match contribution towards the ARPA Small Business Gift Card Match Program, approved by City Council on March 15, 2022.

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DISCUSSION:

On March 11, 2021, The American Rescue Plan Act was signed into law, and established the Coronavirus State Fiscal Recovery Fund and Coronavirus Local Fiscal Recovery Funds, which together make up the Coronavirus State and Local Fiscal Recovery Funds (SLFRF). This program is intended to provide support to state, territorial, local, and tribal governments in responding to the economic and public health impacts of COVID-19 and to contain impacts on communities, residents, and businesses.

At the March 15, 2022 City Council meeting, Council approved the Small Business Gift Card Match Program funded by the State and Local Fiscal Recovery Funds (SLFRF) through the American Rescue Plan Act (ARPA). The program is aimed at assisting small businesses in mitigating the negative economic impacts of COVID-19.

As previously presented, the 2-year program would provide 300 small businesses with $5,000 during the first year and $2,500 in the second year in matched funds. Since the launch date of May 1, 2022, approximately 25 local businesses have enrolled and have provided staff with feedback about the current program design. Currently, businesses must first make all $5,000 gift card sales and then submit documentation for reimbursement. This is causing a severe cash flow crunch in the operations of small businesses that are already struggling. Enrolled businesses are optimistic and grateful for the City’s efforts to aid them but are communicating the strain this design is causing.

In an effort to improve the existing program early on, staff researched and learned of other California cities that are using ARPA funds to implement an E-gift card program and offer BOGO Cards as a promotion (e.g., a resident buys a $25 card and receives a bonus $25 card). Specifically, Yiftee is being used by these cities due to its ease of use, best customer service rating, and no cost to community organizers (City) or merchants. Purchasers are instead charged a $1 + 5% of the total e-gift card purchase cost. By implementing an e-gift card program, businesses receive their payment right away and helps reduce the business' administrative burden.

Upon integrating the program, the bonus card (city match) would only be accepted for use specifically at eligible and approved small businesses. Staff will promote various campaigns to incrementally introduce the BOGO promotion and engage the public throughout the next 2 years. Any funds provided to Yiftee for the BOGO promotion that are unused will be returned to the City by Yiftee. The Agreement with Yiftee will directly fund the 1:1 bonus match card received by purchasers upon purchase of the indicated $25 amount with the option to impose a limit.

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ALTERNATIVES:

The City Council may elect not to approve the agreement and direct staff accordingly.

STRATEGIC PLAN:

N/A
SUBMITTED BY:

Janice McConnell, Assistant City Manager
RECOMMENDED BY:

Charles M. Duggan Jr., City Manager
REVIEWED BY:

Yvette M. Abich Garcia, City Attorney
Janice McConnell, Assistant City Manager
Danielle Garcia, Management Services/Finance Director
PREPARED BY:

Maira Durazo, Grants Coordinator
Fiscal Impact
Fiscal Year: FY 22/23
Revenue Generating: N
Appropriation Required Y/N: N
Discussion:

Attachments
Yiftee Agreement
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Yiftee Community Card Customer Agreement, Revised 2022-09-18

Community Card Customer Agreement

THIS AGREEMENT (the “Agreement”) is made effective as of November 1, 2022 (the “Effective Date”) by and between Yiftee Inc., a Delaware corporation, with an address at 325 Sharon Park Drive #215, Menlo Park, CA 94025 (“Yiftee”) and City of Redlands, a municipal corporation and general law city with an address at 35 Cajon Street, Suite 200, Redlands, CA 92373 (“Customer”). The parties agree a follows:

1. Definitions.

1.1 “Merchant” means a merchant, prospect or other contact that may be using or desire to use Yiftee Services to redeem eGifts.

1.2 “Participant” means a Merchant who has opted to participate in a Community Card by running an Activation Card and agreeing to the Merchant Agreement.

1.3 “Yiftee Services” means Yiftee’s gift-giving platform. It is the technology foundation for Community Cards.

1.4 “Purchaser” means a person or entity that purchases or redeems eGifts.

1.5 “eGift” means a digital virtual gift voucher used as payment for goods or services at a Participant.

1.6 “Offer” or “Offers” mean specific benefits that Participants provide to consumers who use their Community Cards in their store, as determined by the Participants and posted on their eGift Card web page.

1.7 “Chargeback” means a purchase that has been disputed by the person who owns the credit card used to purchase an eGift. Chargebacks cause the amount of the purchase to be refunded to the cardholder out of Yiftee’s bank account and often also include an associated fee.

2. Merchant Enrollment.

2.1 Merchant Enrollment Obligations
(a) Customer will collect a set of Merchants who have elected to participate in the Yiftee Services.

Merchants must all be located in the same state in the USA, due to varying gift card laws by state. Each Merchant must agree to the Yiftee Merchant Agreement located on the Yiftee.com website. Merchants who have not agreed to the Merchant Agreement will not be able to utilize the Yiftee Services to redeem eGifts. Customer will upload into the Yiftee Services or provide the names of the Merchants who intend to participate to Yiftee. Upon the agreed upon launch date, the billing for the Yiftee Services will begin (“Commencement Date”). This billing will include the agreed-upon cost for each Participant or group thereof as defined in Appendix A.
(b) Yiftee will provide to Customer or directly to Merchants, upon receipt of the set of Merchant names in 2.1a, a set of unique Activation Cards to be run by each Merchant. Customer will inform Merchants of their individual Activation Card and provide instructions on its use. Additionally, Customer will inform Merchants that running the Activation Card implies consent to the Merchant Agreement located on the Yiftee.com website.

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(c) As Merchants run the Activation Cards, they will be included in the set of Merchants enabled to participate in the Yiftee Services, i.e. the Participants. Participant may also post their Offers to be available for eGift Card holders who redeem gifts in their stores. (d) Yiftee will bill Customer or Merchants as described in Appendix A. Customer can add or remove Participants and fees will be adjusted accordingly, if applicable. There will be no retroactive adjustments allowed by Yiftee (that is, a cancelled Participant’s billing obligation will result in that Participant’s cost to Customer, as defined in Appendix A, to be eliminated beginning only on the next annual billing cycle).

A Participant may be added to the list of Participants at any time (“Enrollment Time”), with billing adjustment for said Participant to begin immediately and to be included in the current month’s billing. (e) Each party shall comply with good, ethical and moral business practices and all applicable laws and regulations in engaging in any activities here under.
(f) Fees and payment terms applicable to the subject matter here under shall be as set forth in Appendix A. Customer is not entitled to compensation other than what is described in Appendix A. (g) Customer is responsible and liable for any disputes or liability arising out of its relationships with Merchants and Participants, except with respect to any liability of Yiftee under this agreement.

2.2 Yiftee Materials.

Yiftee may provide Customer with certain materials for use in conjunction with promoting the Yiftee Services here under (“Yiftee Materials”). No rights or licenses, express or implied, are granted in those Yiftee Materials or otherwise, except as expressly and unambiguously set forth in this Agreement.

2.3 Limited Licenses.

Subject to the terms and conditions of this Agreement, Yiftee hereby grants to Customer, a non- exclusive, non-transferable, non-assignable, non-sublicensable right and license to access and use the Yiftee Services and Yiftee Materials solely for the purposes of Customer’s performance of this Agreement.

2.4 Trademark License.

Subject to the terms and conditions of this Agreement, Yiftee hereby grants Customer and Customer hereby grants Yiftee a non-exclusive, non-transferable, non-assignable, non-sublicensable, royalty-free license to use Yiftee’s or Customer’s name, trade names, trademarks, service marks, and logos (collectively, a party’s “Marks”) solely in connection with Customer’s and Yiftee’s promotion and marketing of the Yiftee Services, subject to written usage guidelines, if any, made mutually available.

2.5 Indemnification.

If a third party makes a claim against the Customer that any Customer’s use of Yiftee Materials, Yiftee Marks, and/or Yiftee Services infringes such third party’s intellectual property rights, Yiftee, at its sole cost and expense, will defend Customer against the claim and indemnify and hold harmless Customer from the damages, losses, liabilities, costs and expenses awarded by the court to the third party claiming infringement or the settlement agreed to by Yiftee, with the exception of any marks provided to Yiftee by Customer or any marks used by customer in advertising related to Yiftee or the Yiftee program.

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Yiftee Community Card Customer Agreement, Revised 2022-09-18

3. Chargebacks. When purchasing eGifts using Purchasers’ credit cards or other forms of payment using the Yiftee “Order Desk” functionality , or any purchase using Customer’s Community Card account with a third party credit card that is not Customer’s, C ustomer is responsible for verifying that the Purchaser owns the payment instrument and has authority to use it for said purchase. Should Yiftee receive a Chargeback, Yiftee will attempt to cancel any outstanding value on the eGift purchased and Customer will be liable for any remaining balance and fees incurred by Yiftee. Customer is not liable for Chargebacks for gifts purchased through the normal Yiftee eGift process where Customer is not party to the gift purchase.

4. Ownership. As between the parties, Yiftee owns all right, title and interest in and to the Yiftee Services, Yiftee’s Marks and the Yiftee Materials. Customer owns all right, title and interest in and to Customer’s Marks.

5. Warranties Disclaimer. YIFTEE AND ITS LICENSORS MAKE NO WARRANTIES TO CUSTOMER,

EXPRESS OR IMPLIED, AND SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY,

NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL WARRANTIES ARISING OUT OF USAGE OR TRADE, COURSE OF DEALING AND COURSE OF PERFORMANCE.

6. Liability Limitation. EXCEPT FOR LIABILITY ARISING UNDER SECTION 8, AND WITHOUT LIMITING THE INDEMNIFICATION OBLIGATION UNDER SECTION 2.5, NEITHER PARTY (NOR ITS LICENSORS) WILL BE

LIABLE OR OBLIGATED WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR UNDER ANY

CONTRACT, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY, WHETHER OR NOT

ADVISED OF THE POSSIBILITY OF SUCH DAMAGES WHATSOEVER, FOR ANY SPECIAL, INDIRECT,

INCIDENTAL, EXEMPLARY, PUNITIVE, RELIANCE OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, DATA OR USE AND IN NO EVENT SHALL EITHER PARTY’S LIABILITY EXCEED THE

AMOUNTS PAID AND/OR PAYABLE BY YIFTEE TO CUSTOMER (AND/OR BY CUSTOMER TO YIFTEE, IF

PAYMENTS ARE PAYABLE BY CUSTOMER TO YIFTEE IN ACCORDANCE WITH PROPOSAL) HEREUNDER IN THE TWELVE (12) MONTH PERIOD PRECEDING THE APPLICABLE CLAIM.

7. Term and Termination.

7.1 Term. This Agreement shall be effective as of the Effective Date and shall continue in full force on an annual period from the Effective Date, and thereafter shall automatically renew annually, unless and until either party terminates this Agreement pursuant to Section 7.2.

7.2 Termination.
(a) Either party may, at its option, terminate this Agreement upon thirty (30) days written notice to the other party for any reason or for no reason whatsoever. (b) Either party may terminate this Agreement if the other party materially breaches a term of this Agreement and fails to cure such breach within fifteen (15) days after receipt of written notice of such breach from the non-breaching party.
(c) Participants are obligated to honor all outstanding eGifts issued by Yiftee for the entire duration of those eGift's validity periods. Termination does not relieve Participants from honoring conditions outlined in the Merchant Agreement.

7.3 Effect of Termination. Upon any termination: (a) Customer shall immediately cease all promotion of the Yiftee Services and shall immediately return to Yiftee, or at the option of Yiftee, destroy, all Confidential Information (as defined below) of Yiftee disclosed to Customer, Yiftee Materials, Redlands Regular Meeting of 11/01/2022

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Yiftee Community Card Customer Agreement, Revised 2022-09-18

and any Yiftee Services, hardware and software provided to Customer here under, (b) Yiftee shall immediately return to Customer, or at the option of Customer, destroy, all Confidential Information of Customer disclosed to Yiftee here under, and (c) all licenses granted under this Agreement shall immediately cease. The following Sections shall survive termination and remain in effect 1, 2.5, 4, 5, 6,

7.3, 8 and 9. Any termination of this Agreement shall be without prejudice to any other rights or remedies available under this Agreement or at law.

8. Confidentiality. Because of this Agreement, the parties may have access to information that is confidential to the disclosing party (“Confidential Information”). Confidential Information shall include, without limitation, Purchaser lists and information relating to the parties’ products and pricing, exempting this Agreement, and all information marked and expressly designated as confidential by the disclosing party at the time of disclosure. A party’s Confidential Information shall not include any information which (i) becomes generally publicly available through no wrongful act or omission of the receiving party; (ii) is lawfully acquired by the receiving party from a third party without any breach of a confidentiality obligation; or (iii) is independently developed without use of or reference to the disclosing party’s Confidential Information. Each party agrees to maintain the confidentiality of the other party’s Confidential Information using the same degree of care that it uses with regard to its confidential information of like nature, but in no event less than reasonable care, and to protect as a trade secret any portion of the other party’s Confidential Information by preventing any unauthorized copying, use, distribution, installation or transfer of possession of such information. If required by law, court order or subpoena, the receiving party may disclose Confidential Information of the disclosing party, but will give prior notice of such disclosure to the disclosing party to permit the disclosing party to intervene and to request protective orders or other confidential treatment therefor. The parties acknowledge that money damages will not be an adequate remedy if this Section 8 is breached and, therefore, either party may, in addition to any other legal or equitable remedies, seek an injunction or other equitable relief against such breach or threatened breach without the necessity of posting any bond or surety.

9. Non-solicitation
During the term of this Agreement, neither party will (on behalf of itself or any other person or entity) solicit any Purchaser or Merchant of the other party to restrict, limit, or terminate such Purchaser’s or Merchant’s participation in the other party’s products and services.

10. Miscellaneous

10.1 Notices. Any notice or other communication required or permitted in this Agreement shall be in writing and shall be deemed to have been duly given on the day of service if served personally or by facsimile transmission with confirmation, or three (3) days after mailing if mailed by First Class mail, registered or certified, postage prepaid, and addressed to the respective parties at the addresses set forth above, or at such other addresses as may be specified by either party pursuant to the terms and provisions of this section.

10.2 Assignment. Customer may not assign or otherwise transfer, without the prior written consent of Yiftee, its rights, duties or obligations under this Agreement to any person or entity, in whole or in part. Yiftee may freely assign or otherwise transfer this Agreement in connection with the sale of all of its business or assets. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns.

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Yiftee Community Card Customer Agreement, Revised 2022-09-18

10.3 Severability. Any provision of this Agreement that is determined to be unenforceable or unlawful shall not affect the remainder of the Agreement and shall be severable therefrom, and the unenforceable or unlawful provision shall be limited or eliminated to the minimum extent necessary to that this Agreement shall otherwise remain in full force and effect and enforceable.

10.4 Entire Agreement. This Agreement constitutes the entire agreement between the parties and supersedes any and all prior agreements between them, whether written or oral, with respect to the subject matter hereof, and may not be amended, modified or provision hereof waived, except in a writing signed by the parties hereto. No waiver by either party, whether express or implied, of any provision of this Agreement, or of any breach thereof, shall constitute a continuing waiver of such provision or a breach or waiver of any other provision of this Agreement.

10.5 Bonus Card Expiration: When the bonus card expires, Yiftee will return the unused amount to the Customer, less restocking fee which is the lesser of 10% of the original bonus card value or the remaining unused amount of the card.

IN WITNESS WHEREOF, the parties have executed this Agreement as of the Effective Date.

CITY OF REDLANDS YIFTEE, INC.

A municipal corporation and general law city
Authorized signature: Authorized signature:

Charles M. Duggan, Jr. Donna Novitsky, Yiftee CEO
City Manager
Attest:

__________________________
Jeanne Donaldson, City Clerk
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Yiftee Community Card Customer Agreement, Revised 2022-09-18

Community Card Customer Agreement
APPENDIX A - Pricing
Customer and Participants are not required to pay Yiftee a subscription fee or a revenue share.

Purchasers pay the face value of the card plus a $1+5% of the eGift Card value eDelivery fee at the time of purchase. Bulk purchases of one thousand dollars ($1000) or more, and enterprise accounts may, at Yiftee’s sole discretion, qualify for a reduced eDelivery fee by depositing funds into their Yiftee eGifting accounts by check or ACH and disabling credit cards. The ability for Customer or a sponsor to pay the eDelivery fee is available.

Participants receive full value of redemptions less credit card processing fees for a card-not-present (CNP) transaction upon redemption. Yiftee does not control these fees; they are set by the Merchant Acquirer who is their credit card processor.

Where permitted by law, Yiftee will implement a monthly maintenance fee on eGift Cards that have been inactive (i.e. no spending on the Card) for periods of greater than 12 consecutive months.

Yiftee eGift Cards do not generally expire. Subject to applicable laws, in some cases eGift Cards given by corporations or merchants as promotions, rewards and awards may have expiration dates. In the case of eGift Cards expiring, Yiftee retains 10% of the original eGift Card value not to exceed the remaining unspent funds and refunds the balance to the purchaser’s Yiftee eGift Card account. eDelivery fees are not refunded. Expiring eGift Cards do not incur maintenance fees.

Participants may choose, at their discretion, to post Offers to encourage Purchasers to use their Community Cards in their stores.

Participants may choose, at their discretion, to offer rebates as fund raisers to local groups such as schools, churches and other non-profits. Such programs are an incentive for the local groups to sell Community Cards to their members, and for the Purchasers to use them in specific stores who are offering rebates. Yiftee will work with the Participants and Purchasers to execute such programs.

No tipping is allowed on Yiftee eGift Cards.

The maximum and minimum prices of gifts are determined by Yiftee in its sole discretion.

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City Council/Successor Agency Meeting H. 2.

DATE: 11/01/2022
TO: Honorable Mayor and City Council Members
SUBJECT: Consideration of Ordinance No. 2948 amending Chapter 15.20 of the Redlands Municipal Code and adopting the 2022 Edition of the California Fire Code which incorporates by reference the 2021 International Fire Code, with necessary California and City of Redlands amendments. This Ordinance will nullify and replace the current Ordinance No. 2900, that was enacted in 2019 as part of the previous fire code adoption process (Fire Chief Sessler) MOTION(S):

Mayor requests the City Clerk to read the title of proposed Ordinance No. 2948.

I move to waive further reading of, and to introduce, Ordinance No. 2948 and schedule the public hearing for November 15, 2022.

RECOMMENDATION:

Staff recommends that the City Council introduce Ordinance No. 2948 and that the public hearing be set for November 15, 2022.

DISCUSSION:

On January 1, 2023, the State of California Building Standards Commission (CBSC) will adopt the 2021 Edition of the International Fire Code whereby creating the 2022 Edition of the California Code.

Adoption of the 2022 California Fire Code and the 2021 International Fire Code will continue to provide regulations and requirements that pertain specifically to the climatic, topographical and geological conditions for the City of Redlands.

These requirements are needed in order to continue to provide and maintain fire and life safety requirements consistent with ordinances previously in place within the City.

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The most considerable change from previous fire code adoptions is the proposed identification of defensible space zones. While the model code does not identify individual zones for defensible space, the state of California passed AB 3074 in 2020, requiring the Board of Forestry and Fire Protection to further develop existing defensible space regulations by January 1, 2023.

In accordance with Government Code section 50022.3, a public hearing will be held on November 15, 2022, to consider adoption of the ordinance. The format for holding a public hearing at the second reading rather than the first reading is specifically set out in the Government Code. Public notice will be duly published as required, and a copy of the proposed code and amendments will be made available for public review at the City Clerk's office prior to the hearing.

ALTERNATIVES:

Not approve the introduction of Ordinance No. 2948.

STRATEGIC PLAN:

Priority B - Public Health & Safety
SUBMITTED BY:

Rich Sessler, Fire Chief
RECOMMENDED BY:

Charles M. Duggan Jr., City Manager
REVIEWED BY:

Yvette M. Abich Garcia, City Attorney
Janice McConnell, Assistant City Manager
PREPARED BY:

Bruni Reyes, Management Analyst
Fiscal Impact
Fiscal Year: 2022-2023
Revenue Generating: N
Appropriation Required Y/N: N
Discussion:

There is no fiscal impact with the introduction of the proposed ordinance.

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Attachments
Public Notice
Ordinance 2948-Legislative
Ordinance 2948-Clean
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CITY OF REDLANDS, CALIFORNIA

NOTICE OF A PUBLIC HEARING TO CONSIDER ORDINANCE NO. 2948 (ORDINANCE TEXT AMENDMENT NO. 2900)

NOTICE is hereby given that the City Council of the City of Redlands, County of San Bernardino, State of California, will hold a public hearing to consider the following:

PUBLIC HEARING to consider Ordinance No. 2948 (Ordinance Text Amendment No. 2900 ) To amend various sections of the Redlands Municipal Code as follows:

• Amending Chapter 15.20 of the Redlands Municipal Code relating to the adoption of the 2021 International Fire Code Section 503, 2022 California Fire Code with local amendments, including chapters 1, 3, 5, 9, 11, 49, 80, as amended, and appendices B , BB, C, CC , D, and O are adopted as the fire code of the city an d all of the regulations, provisions, conditions and terms of such fire code and amendments are referred to and made a part of this Chapter as currently adopted.

City of Redlands, Applicant

The 2021 California Building Standard Code s, including the California Fire Code (Primary Code), and t he full text of the proposed local ammendments (Secondary Code) , are available in the office of the City Clerk’s , 35 Cajon St., Suite 4, Redlands, California, 92373 (909)798-7531.

Said public hearing will be held on November 15, 2022, at 6:00 P.M . or as soon thereafter as may be heard, in the City Council Chambers, Civic Center, 35 Cajon Street, Suite 2, Redlands, California, 92373.

Due to time constr aints and the number of persons wishing to give oral testimony, time restrictions may be placed on oral testimony at the hearing regarding this project. You may wish to make your comments in writing to the following address to assure that you are able to express yourself adequately: City Council, P. O. Box 3005, Redlands, California 92373 or by e -mail to [email protected].

If you challenge the proposal described in this notice in court, you may be limited to raising only those issues you or s omeone else raised at the pub lic hearing described in this notice, or in written correspondence delivered to the City Council at or prior to the public hearing.

Dated this 1st day of November, 2022.

_______________________________________
Jeanne Donaldson, City Clerk
City of Redlands, California

To be published no later than November 1, 2022 and November 5, 2022.

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1 L:\Ord\2948 Amending Chap 15.20 RFD Fire Code 2022 Legislative.docx ORDINANCE NO. 2948

AN ORDINANCE OF THE CITY OF REDLANDS AMENDING CHAPTER 15.20

OF THE REDLANDS MUNICIPAL CODE AND ADOPT ING BY REFERENCE THE 2022 EDITION OF THE CALIFORNIA FIRE CODE (CALIFORNIA CODE OF REGULATIONS, TITLE 24, PART 9) WITH NECES SARY LOCAL

AMENDMENTS

WHEREAS, Health and Safety Code Section 17958 and Government Code Section 50022 empower the City to adopt by reference the California Building Standards Code, including the California Fire Code; and

WHEREAS, Health and Safety Code Section 17958.5 authorizes the City to make amendments to the California Fire Code on the basis of local climatic, geological or topographical conditions; and

WHEREAS, Health and Safety Code Section 17958.7 requires that before making any modifications or changes pursuant to Health and Safety Code Section 17958.5, the City Council of the City shall make an express finding of local necessity that such modifications or changes are needed; and

WHEREAS, the City Council of the City of R edlands (“City Council”) is infor med and finds that these climatic, geological and topographical conditions include, but are not limited to, the following conditions;

1. The City receives relatively low amounts of precipitation, and experiences very low relative humidity levels and extremely high temperatures. These climatic conditions are conductive to the spread of fire. For example, the following data was taken from the recorded temperatures and measured rainfall at the San Bernardino County Flood Control District Office, located at 825 East 3rd Street, San Bernardino:
2019: Maximum temperature greater than 100F recorded during the months of July, August, and September. Total recorded annual rainfall of 7.2018.00 inches, with no rain measured in the months of June, July, August, and SeptemberOctober.

Number of inches to be determined at a later date by San Bernardino County Flood Control District Office.

2020: Maximum temperature greater than 100F recorded during the months of July, August, and September. Total recorded annual rainfall of 7.202.72 inches, with no rain measured in the months of April, May, June, August, and September, and October . Number of inches to be determined at a later date by San Bernardino County Flood Control District Office.

2021: Maximum temperature greater than 100F recorded during the months of July, August, and September. Total recorded annual rainfall of 7.209.81 inches, with no rain measured in the months of May and November. June, August, and Redlands Regular Meeting of 11/01/2022

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2 L:\Ord\2948 Amending Chap 15.20 RFD Fire Code 2022 Legislative.docx September. Number of inches to be determined at a later date by San Bernardino County Flood Control District Office.

2. The City is subject to extremely strong winds, commonly referred to as “Santa Ana Winds,” which can reach speeds of more than 40 miles per hour. Extensive damage often occurs during such winds including downed trees, power lines, utility p oles and utility service lines. These adverse conditions cause:

A. Fires.

B. Impairment of emergency apparatus access.

C. Delays in response times of emergency apparatus; and D. The depletion of apparatus readily available for fire suppression activities.

Specific amendments to the California Fire Code contained in this Ordinance pursuant to this express finding of local necessity are made to Sections: 903.2.1.1, 903.2.1.2, 903.2.1.3, 903.2.1.4, 903.2.1.5, 903.2.1.6, 903.2.3, 903.2.4, 903.2.7, 903.2.8, 903.2.9, 903.2.9.1, 903.2.9.2, 903.2.11.1, 903.2.18, 903.3.1.3, 903.6.1, 903.6.2, 903.6.3, Fire Sprinklers; 903.5.3 Water Supply; 905.4 Location of Class I standpipe hose connections;910.2, Smoke and Heat Vents, Mechanical Smoke Exhaust Systems and Draft Curtains;910.3.4, Sprinklered Buildings; 914.12 Special Requirements for Group F, M, S-1, or S-2 Distribution Warehouses Greater than 50,000 Square Feet in Floor Area.; 5608 Fireworks; 4902, Wildland-Urban Interface Fire Area; 4908, Vegetation Management; 4907.4 Defensible Space; 4903, Fire Protection Plan; B105.2 Reduction in Required Fire Flow, Appendix B; and BB105.1 Reduction in Required Fire Flow, Appendix BB.Specific amendments to the California Fire Code contained in this Ordinance pursuant to this express finding of local ne cessity are made to sections: 505.1.1 Rooftop Addresses; 903.2.8, 903.2.18 fire sprinklers; 4906.1.1 Vegetation Management; 4907.4, 4907.4.1, 4907.4.1.1, 4907.4.1.2, 4907.4.1.3, 4907.4.1.4, 4907.4.1.5, 4907.4.1.6, 4907.4.1.7, 4907.4.1.8, 4907.4.1.9, 4907.4 .2, 4907.4.2.1, 4907.4.2.2, 4907.4.2.3, 4907.4.2.4, 4907.4.2.5, 4907.4.3, 4907.4.3.1, 4907.4.3.2, 4907.4.3.3, 4907.4.3.4, 4907.4.3.5 Defensible Space; Appendix O Temporary Haunted Houses, Ghost Walks, and Similar Amusement Uses.

3. Within the City there are four earthquake faults:

A. Redlands Heights
B. Banning
C. Crafton
D. The Redlands Fault

Numerous other faults lie in close proxi mity, including the San Andreas Fault. In the event of a severe earthquake, these faults present the potential for catastrophic damage, including extensive damage to buildings, fire damage to major infrastructure including water and sewer distribution lines, roadways, bridges across a major storm drain and railroad right-of-way, and other impairments to the mov ement of emergency apparatus.

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Specific amendments to the California Fire Code contained in this Ordinance pursuant to this express finding of local necessity are made to Sections: 903.2.1.1, 903.2.1.2, 903.2.1.3, 903.2.1.4, 903.2.1.5, 903.2.1.6, 903.2.3, 903.2.4, 903.2.7, 903.2.8, 903.2.9, 903.2.9.1, 903.2.9.2, 903.2.11.1, 903.2.18, 903.3.1.3, 903.6.1, 903.6.2, 903.6.3, Fire Sprinklers; 903.5.3 Water Supply; 905.4 Location of Class I standpipe hose connections;910.2, Smoke and Heat Vents, Mechanical Smoke Exhaust Systems and Draft Curtains;910.3.4, Sprinklered Buildings; 914.12 Special Requirements for Group F, M, S -1, or S-2 Distribution Warehouses Greater than 50,000 Square Feet in Floor Area.; 5608 Fireworks; 4902, Wildland-Urban Interface Fire Area; 4908, Vegetation Management; 4907. 4 Defensible Space; 490 3, Fire Protection Plan; B105.2 Reduction in Required Fire Flow, Appendix B; and BB105.1 Reduction in Required Fire Flow, Appendix BB. Specific amendment s to the California Fire Code contained in this Ordinance pursuant to this express finding of local necessity are made to sections: 505.1.1 Rooftop Addresses; 903.2.8, 903.2.18 fire sprinklers; 4906.1.1 Vegetation Management; 4907.4, 4907.4.1, 4907.4.1.1, 4907.4.1.2, 4907.4.1.3, 4907.4.1.4, 4907.4.1.5, 4907.4.1.6, 4907.4.1.7, 4907.4.1.8, 4907.4.1.9, 4907.4.2, 4907.4.2.1, 4907.4.2.2, 4907.4.2.3, 4907.4.2.4, 4907.4.2.5, 4907.4.3, 4907.4.3.1, 4907.4.3.2, 4907.4.3.3, 4907.4.3.4, 4907.4.3.5 Defensible Space; Appendix O Temporary Haunted Houses, Ghost Walks, and Similar Amusement Uses.

4. Within the City development has occurred, and continues to occur, which has resulted in severe traffic congestion during peak hours, weekends and holidays, particularly on the following streets and highways: Citrus Avenue, Cajon Street, Orange Street, Lugonia Avenue, Colton Avenue, Tennessee Street, San Ti moteo Canyon, Interstate 10 Freeway, and Alabama Street; thus decreasing response time. This development includes high-rise structures, in stitutional, commercial, industrial and residential structures. Development has occurred within the portion of the City known as Sunset Hills, where roadways have been built in areas of severe topographical conditions including street and driveway grades in excess of 12%. Such traffic congestion and severe roadway conditions extend the time for e mergency vehicles to reach the scene of fires and other emergencies.

Specific amendments to the California Fire Code contained in this Ordinance pursuant to this express finding of local necessity are mode to Sections: 903.2.1.1, 903.2.1.2, 903.2.1.3, 903.2.1.4, 903.2.1.5, 903.2.1.6, 903.2.3, 903.2.4, 903.2.7, 903.2.8, 903.2.9, 903.2.9.1, 903.2.9.2, 903.2.11.1, 903.2.18, 903.3.1.3, 903.6.1, 903.6.2, 903.6.3, Fire Sprinklers; 903.5.3 Water Supply; 905.4 Location of Class I standpipe hose connections;910.2, Smoke and Heat Vents, Mechanical Smoke Exhaust Systems and Draft Curtains;910.3.4, Sprinklered Buildings; 914.12 Special Requirements for Group F, M, S -1, or S-2 Distribution Warehouses Greater than 50,000 Square Feet in Floor Area.; 5608 Fireworks; 4902, Wildland-Urban Interface Fire Area; 4908, Vegetation Management; 4907.1 Defensible Space; 4909, Fire Protection Plan; B105.2 Reduction in Required Fire Flow, Appendix B; and BB105.1 Reduction in Required Fire Flow, Appendix BB Specific amendments to the California Fire Code contained in this Ordinance pursuant to this express finding of local necessity are made to sections: 505.1.1 Rooftop Addresses; 903.2.8, 903.2.18 fire sprinklers; 4906.1.1 Vegetation Management; 4907.4, Redlands Regular Meeting of 11/01/2022

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4 L:\Ord\2948 Amending Chap 15.20 RFD Fire Code 2022 Legislative.docx 4907.4.1, 4907.4.1.1, 4907.4.1.2, 4907.4.1.3, 4907.4.1.4, 4907.4.1.5, 4907.4.1.6, 4907.4.1.7, 4907.4.1.8, 4907.4.1.9, 4 907.4.2, 4907.4.2.1, 4907.4.2.2, 4907.4.2.3, 4907.4.2.4, 4907.4.2.5, 4907.4.3, 4907.4.3.1, 4907.4.3.2, 4907.4.3.3, 4907.4.3.4, 4907.4.3.5 Defensible Space; Appendix O Temporary Haunted Houses, Ghost Walks, and Similar Amusement Uses.

WHEREAS, this City Council is informed and finds that because the City is subject to the above referenced climatic, geological and topographical conditions, that amendments to the California Fire Code, 2022 Edition, are necessary to pr otect life and property, a nd that such amendments address the following issues: (1) high f ire hazard areas; (2) w ater supplies; (3) fire extinguishing systems and sprinkler systems, and (4) the storage, handling and use of flammable and combustible liquids and hazardous materials; and

WHEREAS, this City Council does hereby determine that the modifications to the 2022 California Fire Code, as outlined in this Ordinance, are necessary due to local climatic , geographical and topographical conditions;

THE CITY COUNCIL OF THE CITY OF REDLANDS DOES ORDAIN AS FOLLOWS:

Section 1. Chapter 15.20 of the Redlands Municipal Code, titled, “Fire Code,” is hereby deleted in its entirety and rewritten to read as follows:
“Chapter 15.20

FIRE CODE

15.20.010: FINDINGS AND ADOPTION OF THE CALIFORNIA FIRE CODE:

15.20.020: DEFINITIONS:

15.20.030: ESTABLISHMENT OF LIMITS REQUIRED BY THE CALIFORNIA FIRE CODE:

15.20.040: TITLE:

15.20.050: DEPARTMENT OF FIRE PREVENTION:

15.20.060: LIABILITY:

15.20.070: FIRE INVESTIGATIONS:

15.20.080: PERMIT FEES: ANNUAL PERMIT:

15.20.090: FEES NONREFUNDABLE PERMIT FEES:

15.20.091 100: REQUIRED OPERATIONAL PERMITS: FEES NOT REFUNDABLE:

15.20.095 110: INSPECTION FEES: REQUIRED OPERATIONAL PERMITS:

15.20.100 120: BOARD OF APPEALS: INSPECTION FEES:

15.20.110 130:: VIOLATION PENALTIES: ELECTRONIC RECORD KEEPING

15.20.140: BOARD OF APPEALS

15.20.150: VIOLATION PENALTIES

15.20.120 140160: ABATEMENT OF VIOLATION:

15.20.130170: FAILURE TO COMPLY:

15.20.150180: RELIGIOUS CEREMONIES:

15.20.180190: SURFACE AND TURNING RADIUS:

15.20.190200: GRADE:

15.20.200210: OBSTRUCTION OF FIRE APPARATUS ACCESS ROADS:

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15.20.210220: PREMISES IDENTIFICATION:

15.20.220230: ROOFTOP ADDRESSES
SMOKE OR FOG EMITTING SYSTEMS:

15.20.230240: FIRE HYDRANTS AND MAINS:

15.20.240250: PRIVATE FIRE HYDRANT IDENTIFICATION

15.20.260: PRIVATE FIRE HYDRANT MARKERS

15.20.270: ACCESS TO EQUIPMENT:

15.20.250: GROUP A-1:

15.20.260: GROUP A-2:

15.20.270: GROUP A-3:

15.20.280: SMOKE OR FOG EMITTING SYSTEMS
GROUP A-4:

15.20.290: GROUP A-5A-1:

15.20.300: GROUP BA-2:

15.20.310: GROUP EA-3:

15.20.320: GROUP FA-4:

15.20.330: GROUP MA-5:

15.20.340: GROUP RB:

15.20.350: GROUP SE:

15.20.360: REPAIR GARAGES:GROUP F

15.20.370: BULK STORAGE OF TIRES:GROUP M

15.20.380: SECTION 903.2.9 AMENDED:GROUP R

15.20.390: STORIES WITHOUT OPENINGS:GROUP S

15.20.400: SECTION 903.2.11.3 AMENDED:REPAIR GARAGES

15.20.410: GROUP U OCCUPANCY:BULK STORAGE OF TIRES

15.20.420: NFPA 13D SPRINKLER SYSTEMS: SECTION 903.2.9 AMENDED

15.20.430: WATER SUPPLY FOR AREAS WITHOUT CITY WATER SERVICE:STORIES

WITHOUT OPENINGS

15.20.440: AREA INCREASE AND RECONSTRUCTION:SECTION 903.2.11.3 AMENDED

15.20.450: CHANGE IN USE:GROUT U OCCUPANCY

15.20.460: ADAPTIVE REUSE:NFPA13D SPRINKLER SYSTEMS

15.20.470: SECTION 905.4 AMENDED:WATER SUPPLY FOR AREAS WITHOUT CITY

WATER SERVICE

15.20.480: SMOKE AND HEAT VENTS, MECHANICAL SMOKE EXHAUST SYSTEMS AND
DRAFT CURTAINS:AREA INCREASE AND RECONSTRUCTION

15.20.490: SPRINKLERED BUILDINGS: CHANGE IN USE

15.20.500: SECTION 914.12 ADDED: ADAPTIVE REUSE

15.20.510: SECTION 905.4 AMENDED

15.20.520: FIREWORKS: SMOKE AND HEAT VENTS, MECHANICAL SMOKE EXHAUST

SYSTEMS AND DRAFT CURTAINS

15.20.520.1: MINOR CHARGE:

15.20.520.2: PROPERTY:

15.20.520.3: RESPONSE COSTS:

15.20.520.4: RESPONSIBLE GUARDIAN:

15.20.520.5: PROHIBITION:

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15.20.520.6: APPLICATION OF STATE LAW:

15.20.520.7: LIABILITY FOR RESPONSE COSTS:

15.20.530: WILDLAND-URBAN INTERFACE FIRE AREA:SPRINKLER BUILDINGS

15.20.540: VEGETATION MANAGEMENT:SECTION 914.12 ADDED

15.20.550: DEFENSIBLE SPACE: EMERGENCY RESPONDER RADIO COVERAGE IN

EXISTING BUILDINGS

15.20.560: FIRE PROTECTION PLAN:FIREWORKS

15.20.570: APPENDIX B:MINOR CHARGE

15.20.580: APPENDIX BB:PROPERTY

15.20.590: APPENDIX C: RESPONSE COSTS

15.20.600: APPENDIX CC: RESPONSIBLE GUARDIAN

15.20.610: APPENDIX D: PROHIBITION

15.20.620: VIOLATION; PENALTY:APPLICATION OF STATE LAW

15.20.630: LIABILITY FOR RESPONSE COSTS

15.20.640: WILDLANDS-URBAN INTERFACE FIRE AREA

15.20.650: VEGETATION MANAGEMENT

15.20.660: DEFENSIBLE SPACE

15.20.670: FIRE PROTECTION PLAN

15.20.680: APPENDIX B

15.20.690: APPENDIX BB

15.20.700: APPENDIX C

15.20.710: APPENDIX CC

15.20.720: APPENDIX D

15.20.730: APPENDIX O

15.20.740: VIOLATION PENALTY

15.20.010: FINDINGS AND ADOPTION OF THE CALIFORNIA FIRE CODE:

A. Findings: The City Council of the City of Redlands hereby finds and determines:

1. That the International Code Council is a private organization which has been in existence for a period of at least three (3) years.

2. That the International Fire Code, 20182021 edition, published by said organization, is a nationally recognized compilation of proposed rules, regulations, and standards of said organization.

3. That the international fire code has been printed and published as a code in book form within the meaning of section 50022.2 et seq., of the California Government Code.

4. That the California fire code, also known as the California code of regulations, title 24, part 9, a portion of the "California building standards code" as defined in the "California building standards law" commencing with section 18901 of the Health And Safety Code, is assigned to the California building standards commission, which by law is responsible for approving all building standards within the state of California. The 20192022 edition of the California Redlands Regular Meeting of 11/01/2022

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7 L:\Ord\2948 Amending Chap 15.20 RFD Fire Code 2022 Legislative.docx fire code incorporates by reference the 20182021 edition of the international fire code, with necessary California amendments.

5. That a copy of the 20192022 California fire code, certified by the city clerk of the city of Redlands to be a true copy, has been filed for use and examination by the public in the fire prevention office of the Redlands fire department and the office of the city clerk.

6. The sections of said Californi a fire code may be referred to by the number used in said published compilation, preceded by the words "California fire code section" or "fire code section", and may also be referred to by additional reference to this municipal code and sections therein pertaining to said California fire code.

7. That the additional requirements and standards established herein are needed to properly protect the health, safety, and welfare of the existing and future residents and workers within the city of Redlands. Said requirements and standards are reasonably necessary because of local climatic, geological, and topographical conditions, and comply with existing state laws and regulations.

8. The city council finds and determines that the local variances from the California fire code - building standards, California code of regulations, title 24, part 9, contained in the city fire code, are reasonably necessary because of local climatic, topogr aphic and geographical considerations.

B. Adoption Of The California Fire Code: The city council of the city of Redlands hereby adopts by reference, the 20192022 California fire code, and appendices B, BB, C, CC, and D, including fees and penalties, as compiled and adopted by the California building standards commission; along with certain amendments, additions, deletions and exceptions based upon the city council's findings that the same are necessary based upon local climatic, geologic and topographical con ditions. The provisions of the California fire code, California fire code appendix chapters, and the California fire code appendices shall be applicable in all areas within the city of Redlands. The city council of the city of Redlands hereby adopts and am ends the 20192022 edition of the California fire code, as compiled and published by the California building standards commission.

15.20.020: DEFINITIONS:

A. Wherever the word "jurisdiction" is used in the fire code, it shall mean the city of Redlands.

B. Wherever the term "corporation counsel" is used in the fire code, it shall mean the city attorney for the city of Redlands.

C. Wherever the term "fire chief" is used in the fire code, it shall mean the fire chief of the city of Redlands, or his or her authorized representative.

D. Wherever the term "fire department" is used in the fire code, it shall mean the fire department of the city of Redlands.

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8 L:\Ord\2948 Amending Chap 15.20 RFD Fire Code 2022 Legislative.docx E. An employee of the city of Redlands fire department, when enforcing the California fire code, this municipal code and other laws, rules and regulations relating to fire and life safety, fire prevention and fire investigation, shall be deemed a "peace officer" as those words are used in section 830.31 of the California Penal Code.

F. Whenever the term "fire marsh al" is used in the fire code, it shall mean the supervisor of the fire prevention bureau and shall serve as the fire code official under the direction of the fire chief, or the fire chief's authorized representative. The community risk reduction division o f the fire department shall be responsible for fire prevention department duties within the city of Redlands.

15.20.030: ESTABLISHMENT OF LIMITS REQUIRED BY THE CALIFORNIA FIRE CODE:

A. Storage of Flammable Cryogenic Fluids: Pursuant to section 5504.1 of the California fire code, flammable cryogenic fluids shall not be permitted to be stored, dispensed, or used unless, in the opinion of the fire code official, such storage will not create an unacce ptable threat to the occupants and property owners.

B. Storage of Explosives and Blasting Agents: Pursuant to section 5601.1 of the California fire code, the storage of explosives and blasting agents is prohibited in all areas unless authorized by the fire code official.

C. Storage Of Class I And II Liquids: Pursuant to sections 5704.1 and 5706.1 of the California fire code, the storage of class I and class II liquids in outside aboveground unprotected tanks is prohibited in all areas of the city unless the fire code official determines, with specific documented findings, that such an installation will not create a hazard to life or property in the area.

D. Storage Of Liquefied Petroleum Gases: Pursuant to section 6101.3 of the California fire code, the aggregate capacity of any one installation for the bulk storage of liquefied petroleum gases shall not exceed two thousand (2,000) water gallons (7571 liters) in commercial, residential and other areas where, in the opinion of the fire code official, the location of bulk storage of liquefied petroleum gases would create a threat to life and property.

15.20.040: TITLE:

Section 101.1 of chapter 1, division II of the California fire code is hereby amended to read as follows:

101.1 Title. These regulations shall be known as the fire code of the city of Redlands, hereinafter referred to for purposes of this chapter 15.20 as "this code."

15.20.050: DEPARTMENT OF FIRE PREVENTION:

Section 103.2 of chapter 1, division II of the California fire code is hereby deleted.

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15.20.060: LIABILITY:

Section 104.123 of chapter 1, division II of the California fire code is hereby added to read as follows:

104.123.1 Cost Recovery. Fire suppression, investigation and rescue or emergency medical costs are recoverable in accordance with Health and Safety Code sections 13009 and 13009.1. Any person who negligently or intentionally, or in violation of law, causes an emergency response, including but not limited to, a traffic accident or spill of toxic or flammable fluids or chemicals, is liable for the costs of securing such emergency, including those costs set out in Health And Safety Code section 13009 et seq. and Gove rnment Code section 53150 et seq. Any expense incurred by the city for securing such an emergency situation shall constitute a debt of such person and shall be collectible by the city in the same manner as in the case of an obligation under contract, expressed or implied.

A false fire alarm response fee may be imposed and paid after two (2) false fire alarms have been received from any one residential or commercial source, or from any one alarm system, within any consecutive three hundred sixty five (365) day period. The false alarm response fee shall be established by resolution of the city council.

104.123.2 Expense for Securing an Emergency. The expense of securing any emergency or hazard which is the result of a violation of this code or any other code , ordinance or state law, or any damages caused by malicious mischief requiring any corrective or preventive actions conducted by the city may be a charge against the persons or entity whose such emergency or action may constitute a debt of such persons or entity as provided below.

1. The fire chief , or duly authorized repre sentative, may impose the reasonable cost of fire prevention, fire suppression, and protection of the public from other safety hazards when a fire or hazardous condition results from any of the following activities or conditions:

A. Manufacture, transportation, storage, handling, or spilling of hazardous chemicals, flammable or combustible liquids, explosives, or blasting agents;

B. Failure to correct a hazardous condition for which a "notice of violation," or equivalent notice, has been previously given by the chief, or duly authorized representative;

C. Use of welding equipment, cutting torch, tar pot, or other open flame device;

D. Permitting or causing the accumulation of hazardous or flammable materials;

E. Setting of a fire or allowing a fire to be set in violation of any code, ordinance, law or regulation;

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10 L:\Ord\2948 Amending Chap 15.20 RFD Fire Code 2022 Legislative.docx F. Creating, allowing, or maintaining a fire hazard.

15.20.070: FIRE INVESTIGATIONS:

Section 104.101 of chapter 1, division II of the California fire code is hereby amended to read as follows:

104.101 Fire Investigations. The fire code official and the fire department shall investigate the cause, origin and circumstances of any fire, explosion and other hazardous condition.

Information that could be related to trade secrets or processes shall not be ma de part of the public record except as required by law.

The fire chief or duly authorized representative, is authorized to investigate the cause, origin and circumstances of unauthorized releases of hazardous materials. The Redlands police department and allied law enforcement agencies are authorized to assist the fire department in its investigations when requested to do so.

15.20.080: ANNUAL PERMIT:

Section 105.1.6 of chapter 1, division II of the California fire code is hereby deleted.

15.20.08090: PERMIT FEES:

Section 105.2.5 of chapter 1, division II of the California fire code is hereby added to read as follows:

105.2.5 Permit Fees. Permit fees as established by city council resolution shall be collected by the finance department. Proof of receipt shall accompany all applications for permit prior to any inspection and approval by the city.

15.20.090100: FEES NONREFUNDABLE:

Section 105.2.6 of chapter 1, division II of the California fire code is hereby added to read as follows:

105.2.6 Fees Not Refundable. Permit fees shall not be refundable for any reason after initiation of plan review or inspection procedures.

15.20.091110: REQUIRED OPERATIONAL PERMITS:

Section 105.65.50 of chapter 1, division II of the California fire code is hereby added to read as follows:

105.65.50 55 Fixed Kitchen Hood and Duct Extinguishing System. An operational permit is required to utilize commercial cooking appliances, as defined in Section 602, with a fixed hood and duct fire extinguishing system
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11 L:\Ord\2948 Amending Chap 15.20 RFD Fire Code 2022 Legislative.docx 105.5.55 – Operation Permits
105.5.55 – Construction Permits

105.5.56 – Temporary Haunted Houses, Ghost Walks, and Similar Amusement uses. An operational permit is required in accordance with Appendix O for temporary haunted houses, ghost walks, and similar amusement uses.

15.20.095120: INSPECTION FEES:

Section 106.2107.7 of chapter 1, division II of the California fire cod e is hereby added to read as follows:

106.2107.7 Inspection Fees. The fire code official is authorized to impose and collect appropriate fees for inspections established by resolution of the city council.

15.20.130: Electronic Record KeepingELECTRONIC RECORD KEEPING

Section 109.3.1 of chapter 1, division II of California Fire Code is hereby added to read as follows:

109.3.1. Electronic Record Keeping. The Fire Code Official is authorized to require electronic format submittals for fire protection systems maintenance records.

15.20.100140: BOARD OF APPEALS:

Section 109.1111 of chapter 1, division II of the California fire code is hereby amended to read as follows:

109.1111.1 Board of Appeals. The city planning commission shall serve as the board of appeals. The chief building official, director of development services and the fire chief of the city, or their respective designees, shall serve in an advisory capacity when requested to do so. Board members shall disqualify themselv es and shall not participate in any decision in which they have a conflict of interest.

15.20.110150: VIOLATION PENALTIES:

Section 110.4112.4 of chapter 1, division II of the California fire code is hereby amended to read as follows:

110.4112.4.1 Administrative Citation Process Violation Penalties. Persons who shall violate a provision of this code or shall fail to comply with any of the requi rements thereof or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the fire code official, or of a permit or certificate used under provisions of this code, shall be guilty of a misdeme anor, punishable by a fine of one thousand dollars ($1,000.00) a day or by imprisonment not exceeding six months, or both such fine and imprisonment. Each day that a violation continues after due notice has been Redlands Regular Meeting of 11/01/2022

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12 L:\Ord\2948 Amending Chap 15.20 RFD Fire Code 2022 Legislative.docx served shall be deemed a separate offense. The city may also prosecute or enforce violations of this chapter as a criminal offense in accordance with this section.

A. 112.4.2 Criminal Citation Process

15.20.120160: ABATEMENT OF VIOLATION:

Section 110.4.112.41of chapter 1, division II of the California fire code is hereby amended to read as follows:

110.4.1112.4.1 Abatement of Violation. In addition to the imposition of the penalties herein described, the fire code official is authorized to institute an appropriate action to prevent unlawful construction or to restrain, correct or abate a violation; or to prevent illegal occupancy of a structure or premises; or to stop an illegal act, conduct of business or occupancy of a structure on or about any premises. The expense of such action may be made a lien upon the property upon which such condition exists.

15.20.130170: FAILURE TO COMPLY:

Section 112.4113.4 of chapter 1, division II of the California fire code is hereby amended to read as follows:

112.4113.4 Failure To Comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to violation penalties pursuant to section 109.4.1112.4..

15.20.150180: RELIGIOUS CEREMONIES:

Section 308.1.7 of the California fire code is hereby amended to read as follows:

308.1.7 Religious or Other Assembly Ceremonies. Candles held in persons' hands (or on a non-stable device) are especially dangerous and shall not be permitted. Battery operated simulated candles are available and may be used. No permit is required for battery-operated candles or other electric candles.

15.20.180190: SURFACE AND TURNING RADIUS:

Section 503.2.3 of the California fire code is hereby amended to read as follows:

503.2.3 Surface. Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus and shall be surfaced with an approved concrete or asphalt covering so as to provide all -weather driving capabilities. §503.2.3 Fire apparatus access roads for purposes of rapid and reliable fire apparatus access shall be designed and maintained to support the imposed load of fire apparatus weighing at least 75,000 pounds.

Fire apparatus access roads shall be surfaced with an approved concrete or asphalt covering Redlands Regular Meeting of 11/01/2022

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13 L:\Ord\2948 Amending Chap 15.20 RFD Fire Code 2022 Legislative.docx so as to provide all -weather driving capabilities. Turf block, Ritter Rings, Turf Paver and other similar products shall not be used for fire department access surfac ing. Where rural road grades do not exceed 8%, the fire code official may approve access roads of approved native materials or gravel when compacted to ninety-five percent (95%).

TURNING RADIUS

Section 503.2.4 of the California fire code is hereby amended to read as follows:

503.2.4 Turning radius. The required turning radius of a fire apparatus access road shall be an inner radius of nineteen (19)twenty (20) feet and outer radius of thirty-one (31)forty (40) feet.

15.20.190200: GRADE:

Section 503.2.7 of the California fire code is hereby amended to read as follows:

503.2.7 Grade. The grade of the fire apparatus access road shall be a maximum of twelve percent (12%), unless otherwise approved by the fire code official for short distances when appropriate mitigation measures are utilized.

15.20.200210: OBSTRUCTION OF FIRE APPARATUS ACCESS ROADS:

Section 503.4 of the California fire code is hereby amended to read as follows:

503.4 Obstruction of Fire Apparatus Access Roads. Fire apparatus access roads shall not be obstructed in any manner, including the parking of vehicles. The minimum widths and clearances established in section 503.2.1 shall be maintained at all times. Any obstruction or impedance to reasonable access may be re moved at the order of the fire code official or the fire department, with the expense of such removal to be borne by the owner of the roadway, or in the case of an obstructing vehicle or object, by the owner of said vehicle or object.

15.20.210220: PREMISES IDENTIFICATION:

Section 505.1 of the California fire code is hereby amended to read as follows:

505.1 Premises Identification. New and existing buildings shall have approved address numbers, building numbers or approved building identification that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Address numbers shall be aArabic numerals or alphabet letters. Numbers shall be affixed on a structure in a location with a clear, unobstructed view from the street. All numbers shall be electrically illuminated during the hours of darkness.

Numbers shall be a minimum of 4 inches high with a minimum stroke width of 0.5 inch for single-family residences.

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All multi-family, multi-retail and multi-commercial occupancies shall:

Have a minimum of 6 inch high numbers, with a minimum one inch (1") stroke.

Identify individual units with numbers a minimum of four (4) inches, affixed to the unit's front door entrance or frame. All buildings with a rear door access shall identify that unit with the proper numbers affixed to the door or frame.

All light and heavy industrial occupancies shall have a minimum of ten (10) inch high numbers, with a minimum one-and-one-half inch (11/2") stroke. All complexes that are three (3) stories or greater in height and/or have two (2) or more building units shall have a minimum of ten (10) inch high numbers, with a one-and-one-half inch (11/2") stroke.

Buildings with a total floor area of 100,000 square feet (9290 m 2) or greater shall have minimum 12 inch (305 mm) high numbers, with a minimum stroke width of 11/2 inches (38 mm).

All buildings with two (2) or more units shall identify utility meters according to the unit being serviced.

Buildings set -back from the street by 200' or more, shall have additional address number of a minimum of 4" located at the property entrance.

15.20.230: Rooftop AddressesROOFTOP ADDRESSES

Section 505.1.1 of the California fire code is hereby added to read as follows:

§505.1.1 Rooftop Addressing. Buildings exceeding a total square footage of 50,000 square feet shall have rooftop numbers placed parallel to the addressed street for purposes of being visible from the air. The numbers shall be block lettered and shall be a minimum of four (4) feet in height and eighteen (18) inches in width. When more than one street address is assigned to a building, the beginning and ending address numbers are to be placed a t opposite ends of the building, indicating the approximate location of the addressed portion of the building.

15.20.220: SMOKE OR FOG EMITTING SYSTEMS:

Section 511 of the California fire code is hereby added to read as follows:

511 Smoke Or Fog Emitting Systems. No alarm system shall be installed in a building or portion of a building which as a part of its operation discharges any gas, vapor, liquid, or other product when the primary intent of the system discharge is to obscure the vision of any person, cause disorientation, or incapacitate any person within the building or portion thereof. Nothing in this section is intended to preclude the connection of an alarm system to any fire suppression system.

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15.20.230250240: FIRE HYDRANTS AND MAINS:

Section 507.5.1 of the California fire code is hereby amended to read as follows:

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 (91 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on -site fire hydrants and mains shall be provided where required by the fire code official.

Exceptions:

1. For group R -3 and group U o ccupancies, the distance requirement shall be 600 feet (183 m). This distance may be further modified by the fire code official for such occupancies when buildings are equipped throughout with an approved fire sprinkler system installed in accordance with section 903.3.1.3.

2. Deleted.

15.20.260250: Private Fire Hydrant IdentificationPRIVATE FIRE HYDRANT

IDENTIFICATION

Section 507.5.7: California fire code is hereby added to read as follows:

§507.5.7 Private fire hydrants shall be painted OSHA Safety red or equivalent.

15.20.270260: Private Fire Hydrant MarkersPRIVATE FIRE HYDRANT MARKERS

Section 507.5.8: of the California Fire Code is hereby added to read as follows:

§507.5.8 Blue reflective pavement markers shall be placed within six (6) inches of the edge of the center lane line on the side of the nearest hydrant.

15.20.240280270: ACCESS TO EQUIPMENT:

Section 507.5.7:

Section 509.3 of the California fire code is hereby added to read as follows:

509.3 Access to Equipment in Multi-Unit Buildings. When automatic fire sprinkler systems or fire alarm systems are installed in buildings constructed for multiple tenants and these systems protect multiple tenant spaces, the main controls and control appurtenances, such as risers, fi re alarm control panels, and valves for such systems, shall be located in an attached or included room or an approved weather -resistant enclosure with at least one exterior access door of not less than 3'-0" by 6'-8".

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15.20.240280: SMOKE OR FOG EMITTING SYSTEMS:

Section 511 of the California fire code is hereby added to read as follows:

511 Smoke Or Fog Emitting Systems. No alarm system shall be installed in a building or portion of a building which as a part of its operation discharges any gas , vapor, liquid, or other product when the primary intent of the system discharge is to obscure the vision of any person, cause disorientation, or incapacitate any person within the building or portion thereof. Nothing in this section is intended to preclu de the connection of an alarm system to any fire suppression system.

15.20.250290: GROUP A-1:

Section 903.2.1.1 of the California fire code is hereby amended to read as follows:

903.2.1.1 Group A-1. An automatic sprinkler system shall be provided for group A-1 occupancies.

15.20.260300: GROUP A-2:

Section 903.2.1.2 of the California fire code is hereby amended to read as follows:

903.2.1.2 Group A-2. An automatic sprinkler system shall be provided for group A-2 occupancies.

15.20.270310: GROUP A-3:

Section 903.2.1.3 of the California fire code is hereby amended to read as follows:

903.2.1.3 Group A-3. An automatic sprinkler system shall be provided for group A-3 occupancies.

15.20.280320: GROUP A-4:

Section 903.2.1.4 of the California fire code is hereby amended to read as follows:

903.2.1.4 Group A-4. An automatic sprinkler system shall be provided for group A-4 occupancies.

15.20.290330: GROUP A-5:

Section 903.2.1.5 of the California fire code is hereby amended to read as follows:

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17 L:\Ord\2948 Amending Chap 15.20 RFD Fire Code 2022 Legislative.docx 903.2.1.5 Group A -5. An automatic sprinkler system shall be provided for group A -5 occupancies in the following areas: concession stands, retail areas, press boxes, and other accessory use areas in excess of 200 square feet (19 m2).

15.20.300340: GROUP B:

Section 903.2.1.8 of the California fire code is hereby added to read as follows:

903.2.1.8 Group B. An automatic sprinkler system shall be provided throughout all buildings containing group B occupancies where the fire area exceeds 200 square feet (19 m2).

15.20.310350: GROUP E:

Section 903.2.3 of the California fire code is hereby amended to read as follows:

903.2.3 Group E. Except as provided for in sections 903.2.19 for a new public school campus and 903.2.20 (modernization project), an automatic sprinkler system shall be provided for group E occupancies as follows:

1. Throughout all group E fire areas greater than 200 square feet (19 m2) in area.

2. Throughout every portion of educational buildings below the level of exit discharge.

3. In rooms or areas with special hazards such as laboratories, vocational shops and other such areas where hazardous materials in exempt amounts are used or stored.

15.20.320360: GROUP F:

Section 903.2.4 of the California fire code is hereby amended to read as follows:

903.2.4 Group F. An automatic sprinkler system shall be provided throughout all buildings containing group F occupancy where the fire area exceeds 200 square feet (19 m2).

15.20.330370: GROUP M:

Section 903.2.7 of the California fire code is hereby amended to read as follows:
903.2.7 Group M. An automatic sprinkler system shall be provided throughout buildings containing a group M occupancy where the fire area exceeds 200 square feet (19 m2).

15.20.340380: GROUP R:

Section 903.2.8 of the California fire code is hereby amended to read as follows:
903.2.8 Group R. An automatic sprinkler system installed in accordance with section 903.3 shall be provided throughout all buildings with a group R fire area.

Exceptions:

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

2. Existing Group R-3 occupancies converted to Group R-3.1 occupancies housing only one bedridden client and complying with Section 435.8.3.3 of the California Building Code.

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

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

5. When approved by the fire code official, detached group U private garages or carports accessory to a group R-3 occupancy, not located in the high or very high fire hazard areas of the jurisdiction as identified by California Department of Forestry and Fir e Protection.

5.6. §903.2.8 Exception 6 When approved by the fire code official, detached group U private garages or carports accessory to a group R-3 occupancy not located within fifty (50) feet from an adjacent building, structure, and/or property line.

15.20.350390: GROUP S:

Section 903.2.9 of the California fire code is hereby amended to read as follows:

903.2.9 Group S. An automatic sprinkler system shall be provided throughout all buildings containing a group S occupancy where the fire area exceeds 200 square feet (19 m2).

15.20.360400: REPAIR GARAGES:

Section 903.2.9.1 of the California fire code is hereby amended to read as follows:

903.2.9.1 Repair Garages. An automatic sprinkler system shall be provided throughout all buildings used as repair garages in accordance with the California building code.

15.20.370410: BULK STORAGE OF TIRES:

Section 903.2.9.2 of the California fire code is hereby amended to read as follows:

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19 L:\Ord\2948 Amending Chap 15.20 RFD Fire Code 2022 Legislative.docx 903.2.9.2 Bulk Storage of Tires. Buildings and structures where the area for the storage of tires exceeds 200 square feet (19 m 2) shall be equipped throughout with an automatic sprinkler system in accordance with section 903.3.1.1.

15.20.380420: SECTION 903.2.9 AMENDEDAMENDED:

Section 903.2.9 of the California fire code is hereby amended by the deletion of the exception.

15.20.390430: STORIES WITHOUT OPENINGS:

Section 903.2.11.1 of the California fire code is hereby amended to read as follows:

903.2.11.1 Stories without Openings. An automatic sprinkler system shall be installed throughout all stories, including basements, of all buildings where the floor area exceeds 200 square feet (19 m2) and where there is not provided at least one of the following types of exterior wall openings:

1. Openings below grade that lead directly to ground level by an exterior stairway complying with section 1011 or an outside ramp complying with section 1012.

Openings shall be located in each 50 linear feet (15 240 mm), or fraction thereof, of exterior wall in the story on at least one side.

2. Openings entirely above the adjoining ground level totaling at least 20 square feet (1.86 m2) in each 50 linear feet (15 240 mm), or fraction thereof, of exterior wall in the story on at least one side.

15.20.400440: SECTION 903.2.11.3 AMENDED:

Section 903.2.11.3 of the California fire code is hereby amended by the deletion of the exception.

15.20.410450: GROUP U OCCUPANCY:

Section 903.2.18 of the California fire code is hereby amended to read as follows:

903.2.18 Group U Occupancy. An automatic sprinkler system shall be provided throughout buildings containing a group U occupancy where the fire area exceeds 200 square feet (19 m2).

Exceptions:

1. When approved by the fire code official, group U occupancies, not located in the high or very high fire hazard areas of the jurisdiction as identified by California Department of Forestry and Fire Protection.

1.2.Exception #2: When a group U occupancy is not located within fifty (50) feet from an adjacent building, structure, and/or property line.

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15.20.420460: NFPA 13D SPRINKLER SYSTEMS:

Section 903.3.1.3 of the California fire code is hereby amended to read as follows:

903.3.1.3 NFPA 13D Sprinkler Systems. Automatic sprinkler systems installed in one- and two-family dwellings shall be installed throughout in accordance with NFPA 13D, including attached garages.

15.20.430470: WATER SUPPLY FOR AREAS WITHOUT CITY WATER SERVICE:

Section 903.3.5.3 of the California fire code is hereby added to read as follows:

903.3.5.3 Water Supply For Areas Without City Water Service. In areas without city water service, buildings where the fire area exceeds 200 square feet (19 m2) shall be provided with an approved automatic sprinkler system. Group R-3 occupancies shall be provided with on- site water storage for a minimum 10- minute sprinkler demand. When approved by the fire code official, on-site water storage for other than group R occupancies may be reduced to that required for an approved 30- minute sprinkler demand. These flows and duration do not consider the needs required to provide domestic service. All sprinkler systems shall be suitably freeze-protected for climatic conditions when necessary.

Exception: When approved by the fire code official, group U occupancy, not located in the high or very high fire hazard areas of the jurisdiction as identified by California Department of Forestry and Fire Protection.

15.20.440480: AREA INCREASE AND RECONSTRUCTION:

Section 903.6.1 of the California fire code is hereby amended by adding the following:

903.6.1 Area Increase and Reconstruction. Every existing building or structure relocated or moved onto a property, every building or structure which as a result of fire, earthquake, or other disaster requires demolition and reconstruction, or every existing building or structure that is receiving or has received an addition(s) in which fifty percent (50%) of the original area is exceeded, shall have an approved automatic sprinkler system insta lled throughout therein.

15.20.450490: CHANGE IN USE:

Section 903.6.2 of the California fire code is hereby amended by adding the following:

903.6.2 Change in Use. Changes made in the character or use of an occupancy shall be approved by the building official and the chief. When there is a change of use or occupancy of a building which exceeds 5,000 square feet in floor area which would place the building in a different division of the same group of occupancy or in a different group of occupancies, the occupancy shall be provided with an approved automatic sprinkler system throughout, unless the proposed use is less hazardous based on fire or life safety risk, than the existing use.

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15.20.460500: ADAPTIVE REUSE:

Section 903.6.3 of the California fire code is hereby amended by adding the following:

903.6.3 Adaptive Reuse. Every existing group R occupancy that is changed to a commercial use shall have an approved automatic sprinkler system installed throughout.

15.20.470510: SECTION 905.4 AMENDED:

Section 905.4 of the California fire code is hereby amended by adding location number 7 to read as follows:

7. When required by other provisions of this code, 2 1/2 inch hose connections, meeting the requirements of this section and fire depar tment standards, shall be located at every other exterior fire department access door as defined by section 2306.6.1, and arranged so that every portion of the building and its contents can be reached with 150 feet of hose and stream.

15.20.480520: SMOKE AND HEAT VENTS, MECHANICAL SMOKE EXHAUST SYSTEMS AND DRAFT CURTAINS:

Section 910.2 of the California fire code is hereby amended to read as follows:

910.2 Where Required. Where required by this code or otherwise installed, smoke and heat vents or mechanical smoke exhaust systems and draft curtains shall conform to the requirements of this section.

Exceptions:

1. Frozen food warehouses used solely for storage of class I and II commodities where protected by an approved automatic sprinkler system.

2. Deleted.

3. Deleted.

15.20.490530: SPRINKLERED BUILDINGS:

Section 910.3.45 of the California fire code is hereby addedamended to read as follows:

910.3.45 Sprinklered Buildings. Where installed in buildings equipped with an approved automatic sprinkler system, smoke and heat vents shall be designed to operate automatically by the actuation of a heat responsive device rated at least 100 degrees F above the operating temperature of the sprinkler heads, or manually with independent controls for the fire department pursuant to section 914.12.

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15.20.500540: SECTION 914.12 ADDED:

Section 914.12 of the California fire code is hereby added to read as follows:

914.12 Special Requirements For Group F, M, S-1 Or S-2 Distribution Warehouses Greater Than 50,000 Square Feet in Floor Area. Buildings classified primarily as group M, group S-1 or S -2, with no more than 10% of the building square footage occupied with accessory uses, in which the primary use is wholesale or retail sales of bulk products or packaged materials, or for the storage of commodities for distribution, shall be in accordance with this section.

914.12.1 Fire Command Center. A fire command center for fire department operations shall be provided. The location and accessibility of the fire control room shall be approved by the fire code official. The fire control room shall be separated from the remainder of the building by walls and c eilings not less than one -hour fire partitions. The room shall be a minimum of 200 square feet (19 m2) in area, with a minimum dimension of 10 feet (3048 mm). The room shall contain the following as a minimum:

1. The fire alarm control unit and associated equipment.

2. Annunciator panel displaying status of sprinkler control valves and waterflow detectors.

3. Main controls and indicators for mechanical smoke exhaust systems.

4. Graphic with schematic indicating building floor plans, means of egress, fire protection systems, firefighting equipment and access.

5. Other firefighting equipment and system controls as required by the fire code official.

6. Emergency lighting powered by the standby electrical system.

914.12.2 Mechanical Smoke Exhaust. A mechanical smoke exhaust system conforming to the requirements of section 910.4 shall be provided. The system may be combined with environmental or other ventilation air systems when approved by the fire code official. 914.12.3 Standpipe Systems. A class I standpipe system shall be provided, with hose connections located at fire department access doors as required by section 905.4. The system may be interconnected with the building automatic sprinkler systems, and may be supplied by adjacent systems or by a separate riser. Standpipe systems shall conform to the requirements of NFPA 14.
914.12.4 Fire Department Graphic. A printed graphic with schematic diagrams of the building automatic sprinkler systems, fire alarm systems, means of egress, standpipe systems, smoke exhaust systems, access doors, and any other equipment as required by the Redlands Regular Meeting of 11/01/2022

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23 L:\Ord\2948 Amending Chap 15.20 RFD Fire Code 2022 Legislative.docx fire code official shall be superimposed over a building floor plan or site plan and mounted on the wall in a highly visible location in the fire control room. The graphic shall be durable and waterproofed.
914.12.5 Standby Power. A standby power generator conforming to the California electrical code shall be provided on the premises, in a protected location. The generator shall have a rated capacity necessary to supply the load of all fire protection features listed below at the same time:

1. Emergency lighting and exit signs necessary for egress.

2. Lighting for the fire control room.

3. Signal and communication systems as applicable.

4. Electrically powered fire pumps required to maintain pressure.

5. Mechanical smoke exhaust systems as required by section 914.12.2.

In addition, a fuel supply sufficient for not less than two hours of operation shall be required on the premises. All electrically connected systems shall be transferred within 60 seconds after losing primary power.

914.12.6 Enhanced Communications. When required by the fire code official, enhanced communication equipment, such as bi -directional amplifiers, shall be provided in the building for dedicated use by the fire department. When such equipment is required to be installed, it shall be provided with a standby power supply.

914.12.7 Other Requirements. All fire protection systems shall comply with fire department standards regarding installation, signage and labeling, maintenance, and other requirements as specified by the fire code official.

15.20.550: EMERGENCY RESPONDER RADIO COVERAGE IN EXISTING BUILDINGS

Section 1103.2 of the California Fire Code is hereby amended to read as follows:

§1103.2 Criteria 2: Within one (1) year of completion date. All plans and permits shall be submitted for review within six (6) months of completion date.

15.20.520550560: FIREWORKS:

Section 5608 of the California Fire Code is hereby added to read as follows:

"Fireworks" means any device containing chemical elements and chemical compounds capable of burning independently of the oxygen of the atmosphere and producing audible, visual, mechanical, or thermal effect which are useful as pyrotechnic devices or for Redlands Regular Meeting of 11/01/2022

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24 L:\Ord\2948 Amending Chap 15.20 RFD Fire Code 2022 Legislative.docx entertainment. The term "Fireworks" includes, but is not limited to, devices designated by the manufacturer as Fireworks, firecrackers, torpedoes, skyrockets, roman candles, rockets, sparklers, chasers, fountains, smoke sparks, aerial bombs, and Fireworks ki ts. "Fireworks" includes both "dangerous Fireworks" and "safe and sane" Fireworks as defined in the California Health and Safety Code.

15.20.520.560570 1: MINOR CHARGE:

"Minor charge" is a person under the age of eighteen (18) years for whom a responsible guardian has the legal care, custody or control.

15.20.520570580.2: PROPERTY:

"Property" shall mean any private property; including but not limited to, a residence, yard, or field, whether or not occupied as a dwelling, and whether owned, leased, rented or used with or without compensation.

15.20.520580590.3: RESPONSE COSTS:

"Response costs" means those reasonable and necessary costs directly incurred by City public safety or other personnel for a response to an unpermitted discharge or illegal storage of fireworks, and include the cost of providing law enforcement, firefighting, or other services arising from the unpermitted discharge or illegal storage, maintaining or handling of fireworks, including but not limited to:

A. Salaries and benefits of public safety or other personnel for the amount of time spent responding to, remaining at, or otherwise dealing with the unpermitted discharge or illegal storage of fireworks, and the administrative costs attributable to any response;

B. The cost of any medical treatment to or for any public safety personnel injured responding to, remaining at, or leaving the scene of the unpermitted discharge or illegal storage of fireworks;

C. The cost of repairing or replacing any public safety equipment or property damage, and the cost of use of any such equipment, in responding to, remaining at, or leaving the scene of any unpermitted discharge or illegal storage of fireworks; and

D. The disposal cost of confiscated fireworks.

15.20.520590600.4: RESPONSIBLE GUARDIAN:

"Responsible guardian" means a parent, guardian or other person having the legal care, custody, or control of his or her minor charge.

15.20.520600610.5: PROHIBITION:

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25 L:\Ord\2948 Amending Chap 15.20 RFD Fire Code 2022 Legislative.docx Except as otherwise provided in this Code, no person shall have in his or her possession, or keep, store, use, shoot, discharge, set off, ignite, explode, manufacture, sell, offer to sell, give, transport, or improperly dispose of any fireworks or dangerous or safe and sane fireworks.

A. Except where otherwise expressly provided in this Code or under a permit issued by the California State Fire Marshal or the Fire Chief, it shall be unlawful for any person to possess, offer for sale, or store any fireworks.

B. Except where otherwise expressly provided in this Code, it shall be unlawful for any property owner or tenant to allow or permit the possession, sale, use or discharge of fireworks at or on their property when the property owner or tenant knows or should know of the possession, sale, use or discharge of fireworks at or on such property.

C. The Fire Chief and his or her authorized representatives shall have the authority to seize, take, and remove any fireworks, dangerous fireworks, and safe and sane fireworks. The Fire Chief and his authorized representatives may cha rge any person whose fireworks are seized pursuant to this section.

D. Every person who causes, aids, abets or conceals a violation of the California Fire Code is guilty of violating the California Fire Code. Each such person, corporation or firm shall be deemed guilty of a misdemeanor of a separate offense for each day or portion thereof during which any violation of any provision of the California Fire Code is committed, continued, permitted or maintained by such person, firm or corporation.

15.20.520610620.6: APPLICATION OF STATE LAW:

Nothing in this section 15.20.520 shall limit any of the penalties provided in the California Health and Safety Code or the California Penal Code with regard to the offer for sale, exposing for sale, sale at retail, use or discharge of any fireworks.

15.20.520620630.7: LIABILITY FOR RESPONSE COSTS:

A. Any person who violates this section 15.20.520 shall be liable for response costs incurred in responding to the unpermitted use, discharge or storage of fireworks.

B. If a person who violated this section 15.20.520 is a minor charge, the responsible guardian of the minor charge and the minor charge shall be jointly and severally liable for the response costs incurred pursuant to this section 15.20.520.

C. To incur liability for response costs imposed by this section 15.20.520, a person who violates this section 15.20.520 need not be present at the event that causes the response giving rise to the imposition of response costs.

D. Response costs imposed by this section 15.20.520 are in addition to any other costs that may be recovered under this Code or State law.

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15.20.530630640: WILDLAND-URBAN INTERFACE FIRE AREA:

Section 4902.1 the definition of the Local Responsibility Area (LRA) is hereby added to read as follows:

Local Responsibility Area (LRA) is defined as lands within the geographical boundaries found in the map within the city of Redlands general plan figure 8.1.

15.20.540640650: VEGETATION MANAGEMENT

Section 49086.1.1 of the California fire code is hereby added to read as follows:

Section 4908 Vegetation Management

49086.1.1 Vegetation ManagementMaintenance. Persons owning, leasing, controlling, operating or maintaining buildings or structures in, upon or adjoining hazardous fire areas, and persons owning, leasing or controlling land adjacent to such buildings or structures, shall at all times:

Maintain an effective fuel modification zone by removing, cle aring, or modifying away combustible vegetation and other flammable materials from areas within 100 feet from such buildings or structures. (See exception 3 for fire-resistive construction and other features for approval and/or a reduction of the fuel modification zone.) The fuel modification zone may be replanted with either approved irrigated, fire-resistant planting material or approved non- irrigated, drought-tolerant, fire-resistant plant material. Use of plants, trees, and/or shrubs on the Redlands fire department wildland urban interface high fire severity area undesirable list, must be specifically approved by the fire code official. Use of any of the plantings on the list is subject to periodic, ongoing inspections by the fire department to ensure pr oper maintenance. Inspections may incur fees payable by the property owner. Failure to maintain the plants and trees on this list in accordance with plan approval could result in the plants, trees, and/or shrubs being ordered to be removed at the expense o f the property owner.

Replanting of the fuel modification zone may be required for erosion control.

Exceptions:

1. Single specimens of trees, ornamental shrubbery or similar plants used as ground covers, provided that they do not form a means of rapidly tra nsmitting fire from the native growth to any structure.

2. Grass and other vegetation located more than 30 feet from buildings or structures and less than 18 inches (457 mm) in height above the ground need not be removed where necessary to stabilize the soil and prevent erosion.

3. With the approval of the fire code official, the width of the fuel modification zone may be reduced where fire-resistive structures or other features are constructed. However, in no case shall the fuel modification zone be reduced to less than 30 feet. See Redlands Regular Meeting of 11/01/2022

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27 L:\Ord\2948 Amending Chap 15.20 RFD Fire Code 2022 Legislative.docx California building code chapter 7A and international wildland -urban interface code for the minimum requirements of a fire-resistive structure.

Remove portions of trees, which extend within 10 feet of the outlet of a chimney,

Maintain trees adjacent to or overhanging a building free of deadwood, and

Maintain the roof of a structure free of leaves, needles or other dead vegetative growth.

If the owner fails to correct such conditions, the fire code official is authorized to cause the same to be done and make the expense of such correction a lien upon the property where such condition exists.

15.20.550: DEFENSIBLE SPACE:

Section 4907.1 of the California fire code is hereby added to read as follows:

Section 4907.1 Defensible Space

4907.1 General. Persons owning or controlling property within the city's very high fire hazard severity zone shall maintain defensible space as prescribed by the fire protection plan, site specific conditions, or as approved by the fire code official per sections 4908 and 4909 of this code.

15.20.550660: DEFENSIBLE SPACE

Section 4907.4 of the California fire code is hereby added to read as follows:

§4907.4 Defensible space zones. All existing habitable buildings and structures withing the Very High Fire Hazard Severity Zone (VHFHSZ) shall maintain defen sible space in accordance with sections 4907.4.1, 4907.4.2, and 4907.4.3. The fire code official may require additional fuel modification measures to be taken by the property owner when extreme hazardous vegetation conditions are present.

§4907.4.1 Zone Zero (0-5 feet) – Ember Resistant. Zone zero zones shall be maintained in accordance with sections 4907.4.1.1 through 4907.4.1.8.

§4907.4.1.1 Vegetation. Vegetation shall be in accordance with the following:

1. Ornamental and native shrubs shall be thinned, relocated, or removed to provide no more than fifty (50) percent density and/or coverage and shall be positioned to limit plan continuity and inhibit fire progression.

2. Remove all dead, dying, or diseased vegetation, including where applicab le on portions of live vegetation and dead, dying, or diseased grass, plants, shrubs, branches, leaves, and weeds.

3. Maintain grasses to a maximum height of four (4) inches.

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4. Maintain large shrubs and hedges exceeding six (6) feet in height such that limbs are not within 4 feet of the ground or one-third of its height, whichever is less.

5. Vines are to be limited on the structure.

6. Vegetation under windows shall be kept to below eighteen (18) inches.

7. Consideration shall be given to properties with more fi re-resistive construction, lower flammability plant species, and frequent irrigation.

§4907.4.1.2 Tree Maintenance. Tree maintenance shall be in accordance with the following:

1. Trees shall be maintained (i.e., cleaned, thinned, raised) to reduce the spread of fire.

2. Tree branches shall have six (6) feet of clearance above roofs, combustible fences, combustible structures, and the ground. Additional clearance equal to three (3) times the height of the shrub is needed if shrubs are located under tree branches.

3. Dead, dying, or diseased trees shall be removed. An evaluation by a licensed arborist with recommendations on removal of dying or diseased trees may be required by the fire code official.

§4907.4.1.3 Balconies, Overhangs, and Porches. The underside of balconies, overhangs, and porches shall be kept clear of combustible vegetation.

§4907.4.1.4 Organic Wood Chips and Mulch. Organic mulch and wood chip application is prohibited. Non-combustible materials such as concrete, gravel, decomposed granite, or other approved materials shall be used within this zone.

§4907.4.1.45 Firewood. Firewood shall not be stored within this zone.

§4907.4.1.56 Chimneys. All chimneys shall have a spark arrestor and all branches shall be a minimum of ten (10) feet from chimneys, stovepipe outlet, and heater outlets.

§4907.4.1.67 Propane Tanks. Dead, dying, or diseased vegetation shall be removed from within ten (10) feet of propane tanks.

§4907.4.1.78 Roofs and Gutters. Maintain the roof and gutters to be free of leaves, needles, or other vegetation.

§4907.4.1.89 Firefighter Ac cess. Remove hazardous items that would hinder existing firefighter access to all sides of the structure.

§4907.4.2 Zone One (5-30 feet) – Lean, Clean, and Green Zone. Zone one zones shall be maintained in accordance with sections 4907.4.2.1 through 4907.4.2.5.

§4907.4.2.1 Vegetation. Vegetation shall be in accordance with the following:

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2. Remove all dead, dying, or diseased vegetation, including where applicable on portions of live vegetation and dead, dying, or diseased grass, plants, shrubs, branches, leaves, and weeds.

3. Maintain grasses to a maximum height of four (4) inches.

4. Maintain large shrubs and hedges exceeding six (6) feet in height such that limbs are not within 4 feet of the ground or one-third of its height, whichever is less.

5. Consideration shall be give n to properties with more fire -resistive construction, lower flammability plant species, and frequent irrigation.

§4907.4.2.2 Tree Maintenance. Tree maintenance shall be in accordance with the following:

1. Trees shall be maintained (i.e., cleaned, thinned , raised) to reduce the spread of fire.

3. Dead, dying, or diseased trees shall be removed. An evaluation by a licensed arborist with recommendations on removal of dying or diseased trees may be required by the fire code official.

§4907.4.2.3 Organic Wood Chips and Mulch. Organic mulch and wood chips shall be kept at a depth of three (3) inches.

§4907.4.2.4 Propane Tanks. Dead, dying, or diseased vegetation shall be removed from within ten (10) feet of propane tanks.

§4907.4.2.5 Firefighter Access. Remove hazardous items that would hinder existing firefighter access to all sides of the structure.

§4907.4.3 Zone Two (30 -100 feet) – Fuel Reduction Zone. Zone one zones shall be maintained in accordance with sections 4907.4.3.1 through 4907.4.3.5.

§4907.4.3.1 Vegetation. Vegetation shall be in accordance with the following:

1. Ornamental and native shrubs shall be thinned, relocated, or removed to provide no more than sixty (60) percent density and/or coverage and shall be positioned to limit plan continuity and inhibit fire progression.

2. Remove all dead, dying, or diseased vegetation, including where applicable on portions of live vegetation and dead, dying, or diseased grass, plants, shrubs, branches, leaves, and weeds.

3. Maintain grasses to a maximum height of eighteen (18) inches.

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4. Maintain large shrubs and hedges exceeding six (6) feet in height such that limbs are not within four (4) feet of the ground or one -third of its height, whichever is less.

5. Consideration shall be given to properties with more fire -resistive construction, lower flammability plant species, and frequent irrigation.

§4907.4.3.2 Tree Maintenance. Tree maintenance shall be in accordance with the following:

1. Trees shall be maintained (i.e., cleaned, thinned, raised) to reduce the spread of fire.

3. Dead, dying, or diseased trees shall be removed. An evaluation by a licensed arborist with recommendations on removal of dying or diseased trees may be required by the fire code official.

4. All exposed wood piles shall have a minimum of ten (10) feet of clearance down to bare mineral soil in all direction.

§4907.4.3.3 Organic Wood Chips and Mulch. Organic mulch and wood chips shall be kept at a depth of three (3) inches.

§4907.4.3.4 Propane Tanks. Dead, dying, or diseased vegetation shall be removed from within ten (10) feet of propane tanks.

§4907.4.3.5 Firefighter Access. Remove hazardous items that would hinder existing firefighter access to all sides of the structure.

15.20.560660670: FIRE PROTECTION PLAN:

Section 49094903 of the California fire code is hereby addedamended to read as follows:

Section 49094903 Fire Protection Plan

49094903.1 General. A fire protection plan (FPP), approved by the fire code official, shall be required for all new development within the wildland-urban interface area.

The FPP shall include mitigation measures consistent with the unique problems resulting from the location, topography, geology, flammable vegetation, and climate of the proposed site.

The FPP shall address water supply, access, building ignition and fire resistance, fire protection systems and equipment, defensible space and vegetation management.

The FPP shall be consistent with the requirements of California building code chapter 7A, and the international wildland-urban interface code, and the Redlands municipal code.

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15.20.570670680: APPENDIX B:

Section B105.2 of appendix B of the California fire code is hereby amended by amending the exception to read as follows:

Exception: A reduction in required fire -flow of up to 50 percent (50%), as approved, is allowed when the building is provided with an approved automatic sprinkler system installed in accordance with section 903.3.1.1 or 903.3.1.2. The resulting fire-flow shall not be less than 1,500 gallons per minute (5678 l/min) for the prescribed duration as specified in table B105.1(2).

15.20.580680690: APPENDIX BB:

Section BB105.1 of appendix BB of the California fire code is hereby amended by amending the exception to read as follows:

Exception: A reduction in required fire -flow of up to 50 percent (50%), is allowed when the building is provided with an approved automatic sprinkler system. When a reduction in fire flow is used, fire flow shall not be less than 1500 gpm.

15.20.590690700: APPENDIX C:

Appendix C is hereby adopted in its entirety without amendments or deletions.

15.20.600700710: APPENDIX CC:

Appendix CC is hereby adopted in its entirety without amendments or deletions.

15.20.610710720: APPENDIX D:

Appendix D is hereby adopted in its entirety with the following additions and amendments:

Section D101.2 of appendix D of the California fire code is hereby added to read as follows:

D101.2 Construction Documents. Construction documents for proposed fire apparatus access location of fire lanes, security gates across fire apparatus access and construction documents and hydraulic calculations for f ire hydrant systems shall be submitted to the fire department for review and approval prior to construction.

Section D101.3 of appendix D of the California fire code is hereby added to read as follows:

D101.3 Timing of Installation. When fire apparatus a ccess roads or a water supply for fire protection is required to be installed, such protection shall be installed and made Redlands Regular Meeting of 11/01/2022

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32 L:\Ord\2948 Amending Chap 15.20 RFD Fire Code 2022 Legislative.docx serviceable prior to and during the time of construction except when approved alternative methods of protection are provided. Temporary street signs shall be installed at each street intersection when construction of new roadways allows passage by vehicles.

Section D102.1 of appendix D of the California fire code is hereby amended to read as follows:

D102.1 Access and Loading. Approved fire apparatus access roads shall be provided for every facility, building or portion of a building thereafter constructed or moved into or within the jurisdiction. The fire apparatus access road shall comply with the requirements of this section and shall extend to within 150 feet of all portions of the facility and all portions of the exterior wall for the first story of the building as measured by an approved route around the exterior of the building or facility.

Section D103.3 of appendix D of the California fire code is hereby amended to read as follows:

D103.3 Turning Radius. 503.2.4 Turning radius. The required turning radius of a fire apparatus access road shall be an inner radius of nineteen (19) (20) feet and outer radius of thirty-one (31) forty (40) feet.

Section D103.4 of appendix D of the California fire code is hereby amended to read as follows:

D103.4 Dead Ends. Dead-end fire apparatus access roads in excess of 150 feet in length shall be provided with an approved area for turning around fire apparatus.

Section D103.7 of appendix D of the California fire code is hereby added to read as follows:

D103.7 Surface. Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus wei ghing at least 75,000 pounds. The roadway shall be surfaced so as to provide all weather driving capabilities.

Section D103.8 of appendix D of the California fire code is hereby added to read as follows:

D103.8 Authority. The fire code official shall have the authority to require an increase in the minimum access width where they are inadequate for fire or rescue operations.

Section D103.9 of appendix D of the California fire code is hereby added to read as follows:

D103.9 Bygone Roadways. Wher e fire department access is unduly difficult utilizing bygone roadways, and where modifications would significantly impact the historical significance of the area, the fire chief may authorize alternative means and methods in order to maintain fire department access. Methods may include but are not limited to the posting of signs and notices of parking requirements in order to maintain access.

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15.20.720730: APPENDIX O

Section O0101.2 of the California fire code is hereby amended to read as follows:

§O101.2 Permits. An operational permit shall be required for haunted houses, ghost walks or similar uses in accordance with Appendix O101.2. Permit applications and documents shall be submitted within three (3) weeks of occupancy date. Additional permits shall be obtained from local building department as required for any structural, electrical, or other modifications.

Section 0O103.2 of the California fire code is hereby amended to read as follows:

§O103.2 Tents or membrane structures. Tents and membrane structures may be used when in compliance with all applicable requirements of this regulation, chapter 31 of this code, and when the total floor area of the tent is less than 1,000 square feet and the travel distance to an exit from any location is less than fifty (50) feet.

Section 0O103.7 of the California fire code is hereby amended to read as follows

§O103.7 Add Exception #2: Existing unsprinklered assembly spaces, such as gymnasiums, when used for assembly purposes such as grad night.

Section 0O103.7.1.1 of the California fire code is hereby amended to read as follows:

§O103.7.1.1 Obstructions. Fire sprinkler systems and piping, when provided, shall not be obstructed, altered, or used to support any decorations.

Section 0O103.7.2.1 of the California fire code is hereby amended to read as follows:

§O103.7.2.1 Obstructions. Automatic smoke detection systems or devices, when present, shall not be obstructed, altered, or turned off.

Section 0O103.7.4 of the California fire code is hereby added to read as follows:

§O103.7.4 Add Exception. When the total floor area of the tent is less than 1,000 square feet and the travel distance to an exit from any location is less than fifty (50) feet, manually activated devices suitable for sounding an alarm or another approved method of alerting staff shall be provided as approved by the fire code official.

Section 0O103.9.1 of the California fire code is hereby amended to read as follows:

§O103.9.1 Flame retardant. All decorative materials shall be both inherently flame retardant, labeled as such, or be treated with a listed flame -retardant material registered with the California State Fire Marshal. If the material is treated by the user, a container and receipt will serve as proof.

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Section 0O103.12 of the California fire code is hereby amended to read as follows:

§O103.12 Inspections. A fire and life safety inspection shall be co nducted by the fire department prior to the start of the event. Final building department inspection and sign - off shall be made in conjunction with the fire department.

15.20.620730740: VIOLATION; PENALTY:

A. It is unlawful to violate or fail to comply with any of the provisions of the California fire code, or to fail to comply with any order made pursuant thereto. It is also unlawful to build in violation of any detailed statement of plans or specifications submitted and approved under the California fire code, or any certificate or permit issued thereunder, and from which no appeal has been taken.

B. Except as otherwise specified in this chapter, all violations of the California fire code or its appendices, or the amendments thereto contained in th is chapter, are misdemeanors and are punishable as provided in title 1, chapter 1.20 of this code.

C. Every person who causes, aids, abets or conceals a violation of the California fire code is guilty of violating the California fire code. Each such person, corporation or firm shall be deemed guilty of a separate offense for each day or portion thereof during which any violation of any provisions of the California fire code is committed, continued, permitted or maintained by such person, firm or corporation.”

Section 2. If any subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction or preempted by State or Federal legislation, such decision or legislation shall not affect the validity of the re maining portions of this Ordinance. The City Council declares that it would have passed this Ordi nance and each and every s ubsection, sentence, cla use or phrase not declared invalid or unconstitutional without regard to any such decision or preemptive legislation.

Section 3. The provisions of this Ordinance s hall be in force on and after the date upon which this Ordinance becomes effective; provided, however, that where complete plans for buildings have been filed and are pending for building permits prior to the effective date of this Ordinance, permits may be issued in co mpliance with the governing laws at the ti me of review and approval of such plans, and the applicant may proceed with construction, provided physical construction is commenced within one hundred eigh ty (180) days from the date of issuance of the permit and continued to completion.

Section 4. Unless superseded and expressly repealed, references in City forms, documents and regulations to Chapter 15.20 of the Redlands Municipal Code and to the former edition of the California Fire Code shall be construed to apply to the corresponding provisions of Chapter 15.20 of the Redlands Municipal Code and the 202219 edition of the California Fire Code as adopted and established by this Ordinance.

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35 L:\Ord\2948 Amending Chap 15.20 RFD Fire Code 2022 Legislative.docx Section 5. The City Council hereby determines that the adoption of this Ordinance is exempt from review under the California Env ironmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines Section 15061(b)(3) for the reason that it can be seen with certainty there is no possibility that the adoption of this Ordinance will have a significant effect on the environment.

Section 6. The City Clerk is hereby dir ected to publish notice in a newspaper of general circulation within the City, in accorda nce with Gover nment Code section 6 066, of the scheduling of a public hearing to consider ado ption of this Ordinance on November 15, 2022December 3, 2019. The notice shall state the time and place of the hearing, and sha ll also state t hat copies of the California Fire Code, 20 2219 edition, and the proposed a mendments thereto, are on file with the office of the City Clerk and open to public inspe ction. The notice shall also contain a description which the City Council dee ms sufficient to serve notice to the interested persons of the purpose of this Ordinance and the subject matter hereof. The City Council further delegates the determination of such sufficiency to the City Manager.

Section 7. The Mayor shall sign this Ordin ance and the City Clerk shall certify to the adoption of this Ordinance and shall cause it, or a summary of it, to be published once in a newspaper of general circulation within the City, and thereafter, this Ordinance shall take effect as provided by law.

____________________________
Paul T. Barich Mayor

ATTEST:

______________________________
Jeanne Donaldson, City Clerk

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36 L:\Ord\2948 Amending Chap 15.20 RFD Fire Code 2022 Legislative.docx I, Jeanne Donaldson, City Clerk, City of Redlands, hereby certify that the foregoing Ordinance was duly adopted by the City Council at the regular meeting thereof, held on the _ ____ day of _______________, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________
Jeanne Donaldson, City Clerk

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1 L:\Ord\2948 Amending Chap 15.20 RFD Fire Code 2022 Clean.docx ORDINANCE NO. 2948

AN ORDINANCE OF THE CITY OF REDLANDS AMENDING CHAPTER 15.20

OF THE REDLANDS MUNICIPAL CODE AND ADOPT ING BY REFERENCE THE 2022 EDITION OF THE CALIFORNIA FIRE CODE (CALIFORNIA CODE OF REGULATIONS, TITLE 24, PART 9) WITH NECES SARY LOCAL

AMENDMENTS

WHEREAS, Health and Safety Code Section 17958 and Government Code Section 50022 empower the City to adopt by reference the California Building Standards Code, including the California Fire Code; and

WHEREAS, Health and Safety Code Section 17958.5 authorizes the City to make amendments to the California Fire Code on the basis of local climatic, geological or topographical conditions; and

1. The City receives relatively low amounts of precipitation, and experiences very low relative humidity levels and extremely high temperatures. These climatic conditions are conductive to the spread of fire. For example, the following data was taken from the recorded temperatures and measured rainfall at the San Bernardino County Flood Control District Office, located at 825 East 3rd Street, San Bernardino:
2019: Maximum temperature greater than 100F recorded during the months of July, August, and September. Total rec orded annual rainfall of 7.20 inches, with no rain measured in the months of June, August, and September. Number of inches to be determined at a later date by San Bernardino County Flood Control District Office.

2020: Maximum temperature greater than 100F recorded during the months of July, August, and September. Total recorded annual rainfall of 7.20 inches, with no rain measured in the months of June, August, and September. Number of inches to be determined at a later date by San Bernardino County Flood Control District Office.

2021: Maximum temperature greater than 100F recorded during the months of July, August, and September. Total recorded annual rainfall of 7.20 inches, with no rain measured in the months of June, August, and September. Number of inches Redlands Regular Meeting of 11/01/2022

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A. Fires.

B. Impairment of emergency apparatus access.

C. Delays in response times of emergency apparatus; and D. The depletion of apparatus readily available for fire suppression activities.

3. Within the City there are four earthquake faults:

A. Redlands Heights
B. Banning
C. Crafton
D. The Redlands Fault

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3 L:\Ord\2948 Amending Chap 15.20 RFD Fire Code 2022 Clean.docx Floor Area.; 5608 Fireworks; 4902, Wildland-Urban Interface Fire Area; 4908, Vegetation Management; 4907. 4 Defensible Space; 490 3, Fire Protection Plan; B105.2 Reduction in Required Fire Flow, Appendix B; and BB105.1 Reduction in Required Fire Flow, Appendix BB.

Specific amendments to the California Fire Code contained in this Ordinance pursuant to this express finding of local necessity are mode to Sections: 903.2.1.1, 903.2.1.2, 903.2.1.3, 903.2.1.4, 903.2.1.5, 903.2.1.6, 903.2.3, 903.2.4, 903.2.7, 903.2.8, 903.2.9, 903.2.9.1, 903.2.9.2, 903.2.11.1, 903.2.18, 903.3.1.3, 903.6.1, 903.6.2, 903.6.3, Fire Sprinklers; 903.5.3 Water Supply; 905.4 Location of Class I standpipe hose connections;910.2, Smoke and Heat Vents, Mechanical Smoke Exhaust Systems and Draft Curtains;910.3.4, Sprinklered Buildings; 914.12 Special Requirements for Group F, M, S-1, or S-2 Distribution Warehouses Greater than 50,000 Square Feet in Floor Area.; 5608 Fireworks; 4902, Wildland-Urban Interface Fire Area; 4908, Vegetation Management; 4907.1 Defensible Space; 4909, Fire Protection Plan; B105.2 Reduction in Required Fire Flow, Appendix B; and BB105.1 Reduction in Required Fire Flow, Appendix BB
WHEREAS, this City Council is informed and finds that because the City is subject to the above referenced climatic, geological and topographical conditions, that amendments to the California Fire Code, 2022 Edition, are necessary to pr otect life and property, a nd that such amendments address the following issues: (1) high f ire hazard areas; (2) w ater supplies; (3) fire extinguishing systems and sprinkler systems, and (4) the storage, handling and use of flammable and combustible liquids and hazardous materials; and

THE CITY COUNCIL OF THE CITY OF REDLANDS DOES ORDAIN AS FOLLOWS:

Section 1. Chapter 15.20 of the Redlands Municipal Code, titled “Fire Code,” is hereby deleted in its entirety and rewritten to read as follows:
“Chapter 15.20

FIRE CODE
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15.20.010: FINDINGS AND ADOPTION OF THE CALIFORNIA FIRE CODE:

15.20.020: DEFINITIONS:

15.20.030: ESTABLISHMENT OF LIMITS REQUIRED BY THE CALIFORNIA FIRE CODE:

15.20.040: TITLE:

15.20.050: DEPARTMENT OF FIRE PREVENTION:

15.20.060: LIABILITY:

15.20.070: FIRE INVESTIGATIONS:

15.20.080: PERMIT FEES:

15.20.090: FEES NONREFUNDABLE:

15.20.091: REQUIRED OPERATIONAL PERMITS:

15.20.095: INSPECTION FEES:

15.20.100: BOARD OF APPEALS:

15.20.110: VIOLATION PENALTIES:

15.20.120: ABATEMENT OF VIOLATION:

15.20.130: FAILURE TO COMPLY:

15.20.150: RELIGIOUS CEREMONIES:

15.20.180: SURFACE AND TURNING RADIUS:

15.20.190: GRADE:

15.20.200: OBSTRUCTION OF FIRE APPARATUS ACCESS ROADS:

15.20.210: PREMISES IDENTIFICATION:

15.20.220: SMOKE OR FOG EMITTING SYSTEMS:

15.20.230: FIRE HYDRANTS AND MAINS:

15.20.240: ACCESS TO EQUIPMENT:

15.20.250: GROUP A-1:

15.20.260: GROUP A-2:

15.20.270: GROUP A-3:

15.20.280: GROUP A-4:

15.20.290: GROUP A-5:

15.20.300: GROUP B:

15.20.310: GROUP E:

15.20.320: GROUP F:

15.20.330: GROUP M:

15.20.340: GROUP R:

15.20.350: GROUP S:

15.20.360: REPAIR GARAGES:

15.20.370: BULK STORAGE OF TIRES:

15.20.380: SECTION 903.2.9 AMENDED:

15.20.390: STORIES WITHOUT OPENINGS:

15.20.400: SECTION 903.2.11.3 AMENDED:

15.20.410: GROUP U OCCUPANCY:

15.20.420: NFPA 13D SPRINKLER SYSTEMS:

15.20.430: WATER SUPPLY FOR AREAS WITHOUT CITY WATER SERVICE:

15.20.440: AREA INCREASE AND RECONSTRUCTION:

15.20.450: CHANGE IN USE:

15.20.460: ADAPTIVE REUSE:

15.20.470: SECTION 905.4 AMENDED:

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15.20.480: SMOKE AND HEAT VENTS, MECHANICAL SMOKE EXHAUST SYSTEMS AND
DRAFT CURTAINS:

15.20.490: SPRINKLERED BUILDINGS:

15.20.500: SECTION 914.12 ADDED:

15.20.520: FIREWORKS:

15.20.520.1: MINOR CHARGE:

15.20.520.2: PROPERTY:

15.20.520.3: RESPONSE COSTS:

15.20.520.4: RESPONSIBLE GUARDIAN:

15.20.520.5: PROHIBITION:

15.20.520.6: APPLICATION OF STATE LAW:

15.20.520.7: LIABILITY FOR RESPONSE COSTS:

15.20.530: WILDLAND-URBAN INTERFACE FIRE AREA:

15.20.540: VEGETATION MANAGEMENT:

15.20.550: DEFENSIBLE SPACE:

15.20.560: FIRE PROTECTION PLAN:

15.20.570: APPENDIX B:

15.20.580: APPENDIX BB:

15.20.590: APPENDIX C:

15.20.600: APPENDIX CC:

15.20.610: APPENDIX D:

15.20.620: VIOLATION; PENALTY:

15.20.010: FINDINGS AND ADOPTION OF THE CALIFORNIA FIRE CODE:

A. Findings: The City Council of the City of Redlands hereby finds and determines:

1. That the International Code Council is a private organization which has been in existence for a period of at least three (3) years.

2. That the International Fire Code, 2018 edition, published by said organization, is a nationally recognized compilation of proposed rules, regulations, and standards of said organization.

3. That the international fire code has been printed and published as a code in book form within the meaning of section 50022.2 et seq., of the California Government Code.

4. That the California fire code, also known as the California code of regulations, title 24, part 9, a portion of the "California building standards code" as defined in the "California building standards law" commencing with section 18901 of the Health And Safety Code, is assigned to the California building standards commission, which by law is responsible for approving all building standards within the state of California. The 2019 edition of the California fire code incorporates by reference the 2018 edition of the international fire code, with necessary California amendments.

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5. That a copy of the 2019 California fire code, certified by the city clerk of the city of Redlands to be a true copy, has been filed for use and examination by the public in the fire prevention office of the Redlands fire department and the office of the city clerk.

6. The sections of said California fire code may be referred to by the number used in said published compilation, preceded by the words "California fire code section" or "fire code section", and may also be referred to by additional reference to this municipal code and sections therein pertaining to said California fire code.

B. Adoption Of The California Fire Code: The city council of the city of Redlands hereby adopts by reference, the 2019 California fire code, and appendices B, BB, C, CC, and D, including fees and penalties, as compiled and adopted by the California building standards commission; along with certain amendments, additions, deletions and exceptions based upon th e city council's findings that the same are necessary based upon local climatic, geologic and topographical conditions. The provisions of the California fire code, California fire code appendix chapters, and the California fire code appendices shall be applicable in all areas within the city of Redlands. The city council of the city of Redlands hereby adopts and amends the 2019 edition of the California fire code, as compiled and published by the California building standards commission.

15.20.020: DEFINITIONS:

A. Wherever the word "jurisdiction" is used in the fire code, it shall mean the city of Redlands.

B. Wherever the term "corporation counsel" is used in the fire code, it shall mean the city attorney for the city of Redlands.

C. Wherever the term "fire chief" is used in the fire code, it shall mean the fire chief of the city of Redlands, or his or her authorized representative.

D. Wherever the term "fire department" is used in the fire code, it shall mean the fire department of the city of Redlands.

E. An employee of the city of Redlands fire department, when enforcing the California fire code, this municipal code and other laws, rules and regulations relating to fire and life safety, fire prevention and fire investigation, shall be deemed a "peace officer" as those words are used in section 830.31 of the California Penal Code.

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F. Whenever the term "fire marshal" is used in the fire code, it shall mean the supervisor of the fire prevention bureau and shall serve as the fire code official under t he direction of the fire chief, or the fire chief's authorized representative. The community risk reduction division of the fire department shall be responsible for fire prevention department duties within the city of Redlands.

15.20.030: ESTABLISHMENT OF LIMITS REQUIRED BY THE CALIFORNIA FIRE CODE:

C. Storage Of Class I And II Liquids: Pursuant to sections 5704.1 and 5706.1 of the California fire code, the storage of class I and class II liquids in outside aboveground unprotected tanks is prohibited in all areas of the city unless the fir e code official determines, with specific documented findings, that such an installation will not create a hazard to life or property in the area.

15.20.040: TITLE:

Section 101.1 of chapter 1, division II of the California fire code is hereby amended to read as follows:

101.1 Title. These regulations shall be known as the fire code of the city of Redlands, hereinafter referred to for purposes of this chapter 15.20 as "this code."

15.20.050: DEPARTMENT OF FIRE PREVENTION:

Section 103.2 of chapter 1, division II of the California fire code is hereby deleted.

15.20.060: LIABILITY:

Section 104.12 of chapter 1, division II of the California fire code is hereby added to read as follows:

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104.12.1 Cost Recovery. Fire suppression, investigation and rescue or emergency medical costs are recoverable in accordance with Health and Safety Code sections 13 009 and 13009.1. Any person who negligently or intentionally, or in violation of law, causes an emergency response, including but not limited to, a traffic accident or spill of toxic or flammable fluids or chemicals, is liable for the costs of securing such emergency, including those costs set out in Health And Safety Code section 13009 et seq. and Government Code section 53150 et seq. Any expense incurred by the city for securing such an emergency situation shall constitute a debt of such person and shall be collectible by the city in the same manner as in the case of an obligation under contract, expressed or implied.

104.12.2 Expense for Securing an Emergency. The expense of securing any emergency or hazard which is the result of a violation of this code or any other code, ordinance or state law, or any damages caused by malicious mischief requiring any corrective or preventive actions conducted by the city may be a charge ag ainst the persons or entity whose such emergency or action may constitute a debt of such persons or entity as provided below.

1. The fire chief may impose the reasonable cost of fire prevention, fire suppression, and protection of the public from other safety hazards when a fire or hazardous condition results from any of the following activities or conditions:

A. Manufacture, transportation, storage, handling, or spilling of hazardous chemicals, flammable or combustible liquids, explosives, or blasting agents;

B. Failure to correct a hazardous condition for which a "notice of violation," or equivalent notice, has been previously given by the chief;

C. Use of welding equipment, cutting torch, tar pot, or other open flame device;

D. Permitting or causing the accumulation of hazardous or flammable materials;

E. Setting of a fire or allowing a fire to be set in violation of any code, ordinance, law or regulation;

F. Creating, allowing, or maintaining a fire hazard.

15.20.070: FIRE INVESTIGATIONS:

Section 104.10 of chapter 1, division II of the California fire code is hereby amended to read as follows:

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104.10 Fire Investigations. The fire code official and the fire department shall investigate the cause, origin and circumstances of any fire, explosion and other hazardous condition.

Information that could be related to trade secrets or processes shall not be made part of the public record except as required by law.

The fire chief is authorized to investigate the cause, origin a nd circumstances of unauthorized releases of hazardous materials. The Redlands police department and allied law enforcement agencies are authorized to assist the fire department in its investigations when requested to do so.

15.20.080: PERMIT FEES:

Section 105.2.5 of chapter 1, division II of the California fire code is hereby added to read as follows:

15.20.090: FEES NONREFUNDABLE:

Section 105.2.6 of chapter 1, division II of the California fire code is hereby added to read as follows:

105.2.6 Fees Not Refundable. Permit fees shall not be refundable for any reason after initiation of plan review or inspection procedures.

15.20.091: REQUIRED OPERATIONAL PERMITS:

Section 105.6.50 of chapter 1, division II of the California fire code is hereby added to read as follows:105.6.50 Fixed Kitchen Hood and Duct Extinguishing System. An operational permit is required to utilize commercial cooking appliances, as defined in Section 602, with a fixed hood and duct fire extinguishing system

15.20.095: INSPECTION FEES:

Section 106.2 of chapter 1, division II of the California fire code is hereby added to read as follows:

106.2 Inspection Fees. The fire code official is authorized to impose and collect appropriate fees for inspections established by resolution of the city council.

15.20.100: BOARD OF APPEALS:

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10 L:\Ord\2948 Amending Chap 15.20 RFD Fire Code 2022 Clean.docx Section 109.1 of chapter 1, division II of the California fire code is hereby amended to read as follows:

109.1 Board of Appeals. The city planning commission shall serve as the board of appeals.

The chief building official, director of development services and the fire chief of the city, or their respective designees, shall serve in an advisory capacity when requested to do so.

Board members shall disqualify themselves and sh all not participate in any decision in which they have a conflict of interest.

15.20.110: VIOLATION PENALTIES:

Section 110.4 of chapter 1, division II of the California fire code is hereby amended to read as follows:

A. 110.4 Violation Penalties. Persons who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the fire code official, or of a permit or certificate used under provisions of this code, shall be guilty of a misdemeanor, punishable by a fine of one thousand dollars ($1,000.00) a day or by imprisonment not exceeding six months, or both such fine and imprisonment. Each day that a violation continues after due notice has been served shall be deemed a separate offense.

15.20.120: ABATEMENT OF VIOLATION:

Section 110.4.1of chapter 1, division II of the California fire code is hereby amended to read as follows:

110.4.1 Abatement of Violation. In addition to the imposition of the penalties herein described, the fire code official is authorized to institute an appropriate action to prevent unlawful construction or to restrain, correct or abate a violation; or to prevent illegal occupancy of a structure or premises; or to stop an illegal act, conduct of business or occupancy of a structure on or about any premises. The expense of such action may be made a lien upon the property upon which such condition exists.

15.20.130: FAILURE TO COMPLY:

Section 112.4 of chapter 1, division II of the California fire code is hereby amended to read as follows:

112.4 Failure To Comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to violation penalties pursuant to section 109.4.1.

15.20.150: RELIGIOUS CEREMONIES:

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Section 308.1.7 of the California fire code is hereby amended to read as follows:

15.20.180: SURFACE AND TURNING RADIUS:

Section 503.2.3 of the California fire code is hereby amended to read as follows:

503.2.3 Surface. Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus and shall be surfaced with an approved concrete or asphalt covering so as to provide all -weather driving capabilities. Turf block, Ritter Rings, Turf Paver and other similar products shall not be used for fire department access surfacing.

Where rural road grades do not exceed 8%, the fire code official may approve access roads of approved native materials or gravel when compacted to ninety-five percent (95%).

TURNING RADIUS

Section 503.2.4 of the California fire code is hereby amended to read as follows:

503.2.4 Turning radius. The required turning radius of a fire apparatus access road shall be an inner radius of nineteen (19) feet and outer radius of thirty-one (31) feet.

15.20.190: GRADE:

Section 503.2.7 of the California fire code is hereby amended to read as follows:

15.20.200: OBSTRUCTION OF FIRE APPARATUS ACCESS ROADS:

Section 503.4 of the California fire code is hereby amended to read as follows:

503.4 Obstruction of Fire Apparatus Access Roads. Fire apparatus access roads shall not be obstructed in any manner, including the parking of vehicles. The minimum widths and clearances established in section 503.2.1 shall be maintained at all times. Any obstruction or impedance to reasonable access may be removed at the order of the fire code official or the fire department, with the expense of such removal to be borne by the owner of the roadway, or in the case of an obstruct ing vehicle or object, by the owner of said vehicle or object.

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15.20.210: PREMISES IDENTIFICATION:

Section 505.1 of the California fire code is hereby amended to read as follows:

505.1 Premises Identification. New and existing buildings shall have approved address numbers, building numbers or approved building identification that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Address numbers shall be arabic numerals or alphabet letters. Numbers shall be affixed on a structure in a location with a clear, unobstructed view from the street. All numbers shall be electrically illuminated during the hours of darkness.Numbers shall be a minimum of 4 inches high with a minimum stroke width of 0.5 inch for single -family residences.

All multi-family, multi-retail and multi-commercial occupancies shall:

Have a minimum of 6 inch high numbers, with a minimum one inch (1") stroke.

All light and heavy industrial occupancies shall have a minimum of ten (10) inch high numbers, with a minimum one-and-one-half inch (11/2") stroke. All complexes that are three (3) stories or greater in height and/or have two (2) or more buildin g units shall have a minimum of ten (10) inch high numbers, with a one-and-one-half inch (11/2") stroke.

Buildings with a total floor area of 100,000 square feet (9290 m 2) or greater shall have minimum 12 inch (305 mm) high numbers, with a minimum stroke width of 11/2 inches (38 mm).

All buildings with two (2) or more units shall identify utility meters according to the unit being serviced.

Buildings set -back from the street by 200' or more, shall have additional address number of a minimum of 4" located at the property entrance.

15.20.220: SMOKE OR FOG EMITTING SYSTEMS:

Section 511 of the California fire code is hereby added to read as follows:

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15.20.230: FIRE HYDRANTS AND MAINS:

Section 507.5.1 of the California fire code is hereby amended to read as follows:

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 (91 m) from a hydra nt on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on -site fire hydrants and mains shall be provided where required by the fire code official.

Exceptions:

1. For group R -3 and group U occupa ncies, the distance requirement shall be 600 feet (183 m). This distance may be further modified by the fire code official for such occupancies when buildings are equipped throughout with an approved fire sprinkler system installed in accordance with section 903.3.1.3.

2. Deleted.

15.20.240: ACCESS TO EQUIPMENT:

Section 509.3 of the California fire code is hereby added to read as follows:

509.3 Access to Equipment in Multi-Unit Buildings. When automatic fire sprinkler systems or fire alarm systems are installed in buildings constructed for multiple tenants and these systems protect multiple tenant spaces, the main controls and control appurtenances, such as risers, fire alarm control panels, and valves for such systems, shall be located in an attached or included room or an approved weather-resistant enclosure with at least one exterior access door of not less than 3'-0" by 6'-8".

15.20.250: GROUP A-1:

Section 903.2.1.1 of the California fire code is hereby amended to read as follows:

903.2.1.1 Group A-1. An automatic sprinkler system shall be provided for group A-1 occupancies.

15.20.260: GROUP A-2:

Section 903.2.1.2 of the California fire code is hereby amended to read as follows:

903.2.1.2 Group A-2. An automatic sprinkler system shall be provided for group A-2 occupancies.

15.20.270: GROUP A-3:

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Section 903.2.1.3 of the California fire code is hereby amended to read as follows:

903.2.1.3 Group A-3. An automatic sprinkler system shall be provided for group A-3 occupancies.

15.20.280: GROUP A-4:

Section 903.2.1.4 of the California fire code is hereby amended to read as follows:

903.2.1.4 Group A-4. An automatic sprinkler system shall be provided for group A-4 occupancies.

15.20.290: GROUP A-5:

Section 903.2.1.5 of the California fire code is hereby amended to read as follows:

903.2.1.5 Group A -5. An automatic sprinkler system shall be provided for group A -5 occupancies in the following areas: concession stands, retail areas, press boxes, and other accessory use areas in excess of 200 square feet (19 m2).

15.20.300: GROUP B:

Section 903.2.1.8 of the California fire code is hereby added to read as follows:

903.2.1.8 Group B. An automatic sprinkler system shall be provided throughout all buildings containing group B occupancies where the fire area exceeds 200 square feet (19 m2).

15.20.310: GROUP E:

Section 903.2.3 of the California fire code is hereby amended to read as follows:

1. Throughout all group E fire areas greater than 200 square feet (19 m2) in area.

2. Throughout every portion of educational buildings below the level of exit discharge.

3. In rooms or areas with special hazards such as laboratories, vocational shops and other such areas where hazardous materials in exempt amounts are used or stored.

15.20.320: GROUP F:

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15 L:\Ord\2948 Amending Chap 15.20 RFD Fire Code 2022 Clean.docx Section 903.2.4 of the California fire code is hereby amended to read as follows:

903.2.4 Group F. An automatic sprinkler system shall be provided throughout all buildings containing group F occupancy where the fire area exceeds 200 square feet (19 m2).

15.20.330: GROUP M:

15.20.340: GROUP R:

Exceptions:

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

2. Existing Group R-3 occupancies converted to Group R-3.1 occupancies housing only one bedridden client and complying with Section 435.8.3.3 of the California Building Code.

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

15.20.350: GROUP S:

Section 903.2.9 of the California fire code is hereby amended to read as follows:

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16 L:\Ord\2948 Amending Chap 15.20 RFD Fire Code 2022 Clean.docx 903.2.9 Group S. An automatic sprinkler system shall be provided throughout all buildings containing a group S occupancy where the fire area exceeds 200 square feet (19 m2).

15.20.360: REPAIR GARAGES:

Section 903.2.9.1 of the California fire code is hereby amended to read as follows:

903.2.9.1 Repair Garages. An automatic sprinkler system shall be provided throughout all buildings used as repair garages in accordance with the California building code.

15.20.370: BULK STORAGE OF TIRES:

Section 903.2.9.2 of the California fire code is hereby amended to read as follows:

903.2.9.2 Bulk Storage of Tires. Buildings and structures where the area for the storage of tires exceeds 200 square feet (19 m 2) shall be equipped throughout with an automatic sprinkler system in accordance with section 903.3.1.1.

15.20.380: SECTION 903.2.9 AMENDED:

Section 903.2.9 of the California fire code is hereby amended by the deletion of the exception.

15.20.390: STORIES WITHOUT OPENINGS:

Section 903.2.11.1 of the California fire code is hereby amended to read as follows:

1. Openings below grade that lead directly to ground level by an exterior stairway complying with section 1011 or an outside ramp complying with section 1012.

Openings shall be located in each 50 linear feet (15 240 mm), or fraction thereof, of exterior wall in the story on at least one side.

15.20.400: SECTION 903.2.11.3 AMENDED:

Section 903.2.11.3 of the California fire code is hereby amended by the deletion of the exception.

15.20.410: GROUP U OCCUPANCY:

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Redlands City CouncilNovember 1, 2022

Redlands City Council
November 1, 2022