2. Resolution 7187 approving a Temporary Construction Easement (TCE) at the northeast corner of Lampson Avenue approaching Seal Beach Boulevard.
Caltrans recently requested that a new TCE be executed and recorded because the original TCE did not include specific language required by Caltrans to ensure compliance with Title VI of the Civil Rights Act of 1964. As such, staff recommends that the City Council approve the execution and recordation of a quitclaim deed of the original TCE previously recorded at the Orange County Clerk-Recorder as Doc.
No. 2021000534213 on August 25, 2021, and approve the execution and recordation of a new TCE Agreement with the necessary Title VI language.
ENVIRONMENTAL IMPACT:
This item is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Section 15061(b)(3) of the state CEQA Guidelines because it can be seen with certainty that approval of an easement document will not have a significant effect on the environment.
The State has determined that this Project has no significant impacts on the environment as defined by the National Environmental Policy Act (“NEPA”), and that there are no unusual circumstances as described in 23 CFR 771.117(b). The State has determined that the project is a Categorical Exclusion under 23 CFR 771.117(c), activity (c)(3).
This Project complies with all requirements of the California Environmental Quality Act (CEQA) and is categorically exempt under section 15301 (c) of the CEQA Guidelines.
LEGAL ANALYSIS:
The City Attorney has reviewed the Quitclaim Deed and Temporary Construction Easement Agreement and approved the resolution as to form.
FINANCIAL IMPACT:
There is no financial impact for this item.
STRATEGIC PLAN:
This item is not applicable to the Strategic Plan.
RECOMMENDATION:
That the City Council adopt Resolution 7342:
1. Approving a Quitclaim Deed for Temporary Construction Easement Agreement previously recorded as Doc. No. 2021000534213, on August 25, 2021; and,
2. Approving a Temporary Construction Easement Agreement with Old Ranch Country Club, LLC; and,
3. Authorizing the City Manager to Execute the Quitclaim Deed and Temporary Construction Easement Agreement and to cause the executed Quitclaim Deed and Temporary Construction Easement to be recorded at the Orange County Clerk-Recorder.
SUBMITTED BY: NOTED AND APPROVED:
Iris Lee Jill R. Ingram
Iris Lee, Acting Director of Public
Works
Jill R. Ingram, City Manager
ATTACHMENTS:
A. Resolution 7342
B. Quitclaim Deed
C. Temporary Construction Easement Agreement
RESOLUTION 7342
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
APPROVING AND AUTHORIZING EXECUTION AND
RECORDATION OF A QUITCLAIM DEED AND
TEMPORARY CONSTRUCTION EASEMENT
AGREEMENT WITH OLD RANCH COUNTRY CLUB,
LLC FOR THE LAMPSON AVENUE BIKE LANE GAP
CLOSURE PROJECT, CIP ST1811
WHEREAS, the Old Ranch Country Club, LLC (“Grantor”) is the record fee owner of that certain real property identified as APN 130-012-55 and 130-012-58 and located at 3901 Lampson Avenue, in the City of Seal Beach, California (Property); and,
WHEREAS, on August 9, 2021, City Council adopted Resolution 7187 approving a Temporary Construction Easement Agreement (“Original TCE Agreement”) from Grantor for the Lampson Avenue Bike Lane Gap Closure Project (“Project”), CIP ST1811, and recorded the Original TCE Agreement at the Orange County ClerkRecorder as Doc. No. 2021000534213 on August 25, 2021; and, WHEREAS, based on a request from Caltrans, the City desires to record a Quitclaim Deed of the Original TCE Agreement and approve and record a new Temporary Construction Easement Agreement (“TCE Agreement”) to add certain language regarding compliance with Title VI of the Civil Rights Act of 1964.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE:
SECTION 1. The City Council hereby approves the Quitclaim Deed for the Original TCE Agreement, previously recorded as Doc. No. 202100534213 on August 25, 2021 of the Official Records of the Orange County ClerkRecorder.
SECTION 2. The City Council hereby approves the Amended TCE Agreement.
SECTION 3. The City Council hereby authorizes the City Manager to execute the Quitclaim Deed and TCE Agreement on behalf of the City, and to cause the Quitclaim Deed and TCE Agreement to be recorded in the Official Records of the Orange County Clerk-Recorder.
PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 24th day of October, 2022 by the following vote:
AYES: Council Members
NOES: Council Members
ABSENT: Council Members
ABSTAIN: Council Members
Joe Kalmick, Mayor
ATTEST:
Gloria D. Harper, City Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Gloria D. Harper, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution 7342 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 24th day of October, 2022.
Gloria D. Harper, City Clerk
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
City of Seal Beach
211 Eighth Street
Seal Beach, California 90740-
Attention: City Clerk’s Office
SPACE ABOVE THIS LINE FOR RECORDER'S USE
[X ] Portions
Assessor’s Parcel No. 130-012-55 and 130-012-58
Documentary Transfer Tax $0.00
This Instrument is for the benefit of the City ofSeal Beach and is exempt from Recording Fees (Govt, Code § 27383), Filling Fees (Govt. Code § 6103), and Documentary Transfer Tax (Rev. & Tax. Code § 11922)
QUITCLAIM DEED -TEMPORARY CONSTRUCTION EASEMENT
This Quitclaim Deed of Temporary Construction Easement is based on the following facts, which are incorporated herein by this reference:
A. The City of Seal Beach (“Grantor”) is a charter city organized under the Constitution and the laws of the State of California.
B. Old Ranch Country Club, LLC, a California limited liability company (“Grantee”) is the record fee owner of that certain real property located at 3901 Lampson Avenue in the City of Seal Beach, California, and identified as Orange County Tax Assessor’s Parcel Numbers 130-012-55 and 130-012-58 (“Property”), and ClubCorp USA, Inc. operates the Property for Grantee (“Operator”).
C. Grantee previously granted Grantor that certain approximate 1,681 square foot non-exclusive Temporary Construction Easement more particularly described on Exhibit A and depicted on Exhibit B hereto (“TCE”), in, over, and across the Property to facilitate Grantor’s construction of the Lampson Avenue Bike Lane Gap Closure Project (“Project”), which is a public use, pursuant to a Temporary Construction Easement Agreement (“Agreement”) recorded on August 25, 2021 in the Official Records, County of Orange, as Document No. 2021000534213.
Exhibit A and Exhibit B are attached hereto and incorporated herein by this reference.
NOW, THEREFORE, FOR VALUABLE CONSIDERATION, the receipt and sufficiency of which are hereby acknowledged, Grantor and Grantee agree as follows:
1. Grantor hereby remises, releases and quitclaims to Grantee all of Grantor’s right, title and interest in, under and to that certain Agreement and that certain approximately 1,681 square foot non-exclusive Temporary Construction Easement in, over and across the Property located in the City of Seal Beach, County of Orange, State of California, described on Exhibit A and depicted on Exhibit B hereto.
[Signature page follows.]
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IN WITNESS WHEREOF, Grantor has executed this Quitclaim Deed as of the date set forth below:
Grantor
City of Seal Beach,
a California charter city
Dated: , 2022 By:_________________________________
Jill R. Ingram, City Manager
Attest:
Gloria Harper, City Clerk
Approved as to form:
Richards, ershon
eele, City Attorney
-2
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of Orange
)
) ss.
)
On before me, , Notary Public ,
personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity, and that by his/her/their signature(s) on the instrument the person(s), or the entity(ies) upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature:
Signature of Notary Public
Place Notary Seal Above ,
------------------------------- ------------------------------------OPTIONAL--------------------------------------------------------------------------- Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: Document Date:
Number of Pages: Signer(s) Other Than Named Above:
Capacity(ies) claimed by Signer(s)
Signer’s Name:
Corporate Officer - Title(s):
Partner- Limited General
Individual
Trustee
Attorney in Fact
Guardian or Conservator
Other:
Signer's Name:
Corporate Officer - Title(s):
Partner- Limited General
Individual Attorney in Fact
Trustee Guardian or Conservator
Other:
Signer Is Representing: Signer Is Representing:
Exhibit A
Legal Description of Property
SHEET 1 OF 1
EXHIBIT A
LEGAL DESCRIPTION
TEMPORARY CONSTRUCTION EASEMENT
THAT PORTION OF SECTIONS 31 AND 32, TOWNSHIP 4 SOUTH, RANGE 11 WEST, IN THE
RANCHO LOS ALAMITOS, CITY OF SEAL BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON MAP NO. 2 ATTACHED TO THE FINAL DECREE OF PARTITION OF SAID RANCHO, A CERTIFIED COPY OF WHICH WAS RECORDED FEBRUARY 2, 1891 IN BOOK 14, PAGE 31 OF
DEEDS OF OFFICIAL RECORDS OF SAID ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT ON THE NORTHEASTERLY SIDELINE OF THE EASEMENT FOR ROAD,
PUBLIC UTILITIES AND INCIDENTAL PURPOSES, GRANTED TO THE CITY OF SEAL BEACH RECORDED APRIL 7, 1965, IN BOOK 7475, PAGE 46 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY, SAID POINT BEING NORTH 63°21’04” EAST 40.00 FEET FROM THE SOUTHEASTERLY TERMINUS OF THAT CERTAIN COURSE SHOWN AS HAVING A BEARING OF NORTH 26°38’56” WEST AND DISTANCE OF 389.91 FEET IN SAID GRANT; THENCE NORTHWESTERLY ALONG SAID NORTHEASTERLY SIDELINE NORTH 26O38,56’’ WEST 389.91 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 840.00 FEET: THENCE ALONG SAID CURVE 184.11 FEET THROUGH A CENTRAL ANGLE OF 12O33’29” TO THE TRUE POINT OF BEGINNING, A RADIAL LINE TO SAID POINT BEARS NORTH 50o47’35" EAST; THENCE LEAVING SAID SIDELINE NORTH 15°48’23” WEST 41.83 FEET; THENCE NORTH 45°15’54” WEST 44.57 FEET; THENCE NORTH 63°50’21” WEST 44.29 FEET; THENCE NORTH 45o00’38’’ WEST 60.39 FEET
TO A POINT ON THE EASTERLY LINE OF THE LAND CONVEYED TO THE CITY OF SEAL BEACH PER DOCUMENT RECORDED JULY 7, 2000, AS INSTRUMENT NO. 2000-0356782; THENCE ALONG SAID EASTERLY LINE SOUTH 0°1 T27” WEST 9.37 FEET TO A POINT ON SAID NORTHEASTERLY SIDELINE, BEING A CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 840.00 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 38°42’42” EAST; THENCE SOUTHEASTERLY ALONG SAID CURVE 177.12 FEET THROUGH A CENTRAL ANGLE OF 12o04’52" TO THE TRUE POINT OF BEGINNING.
Containing: 1,681 Sq. Ft, more or less.
As shown on Exhibit “B” attached hereto and by this reference made a part hereof.
Exhibit B
Depiction of Property
E'LY LINE O.R. 2000-0356782
SEE DETAIL BELOW
TRUE POINT OF BEGINNING
LEGEND
i'
- INDICATES EASEMENT FOR TEMPORARY
CONSTRUCTION PURPOSES DEDICATED
TO THE CITY OF SEAL BEACH HEREON.
N63'21’04”E
40.00’
POINT OF
COMMENCEMENT
INDICATES EXISTING EASEMENT FOR
ROAD, PUBLIC UTILITIES AND INCIDENTAL
PURPOSES GRANTED TO THE CITY OF
SEAL BEACH PER O.R. 7475 / 46.
WEST LINE S.E. 1/4 SECTION 31, T. 4 S., R. 11 W.
EXHIBIT B
SKETCH TO ACCOMPANY LEGAL DESCRIPTION
TEMPORARY CONSTRUCTION EASEMENT
SHEET 1 OF 1
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California )
County of Los Angeles )
On October 24, 2022, before me, Leslie Ericson, Notary Public, personally appeared Craig A. Steele, who proved to me on the basis ofsatisfactory evidence to be the person whose name ise subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
(Seal)
WITNESS my hand and official seal. LESLIE ERICSONi
COMM. #2305725 $2
NOTARY PUBLIC ■ CALIFORNIA 2
LOS ANGELES COUNTY E
M^Comm.Expires SEPTEMBER17.2^3j|
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
City of Seal Beach
211 Eighth Street
Seal Beach, California 90740
Attention: City Clerk’s Office
SPACE ABOVE THIS LINE FOR RECORDER'S USE
Assessor’s Parcel No. 130-012-55 and 130-012-58 £X] Portions Documentary Transfer Tax $0.00
This Instrument isfor the benefit ofthe City ofSeal Beach and is exemptfrom Recording Fees (Govt. Code § 27383), Filing Fees (Govt. Code § 6103), and Documentary Transfer Tax (Rev & Tax Code § 11922).
TEMPORARY CONSTRUCTION EASEMENT AGREEMENT
This Temporary Construction Easement Agreement (“TCE Agreement”) is entered into by and between OLD RANCH COUNTRY CLUB, LLC, a California limited liability company (“Grantor”) and the CITY OF SEAL BEACH, municipal corporation (“City”). Grantor and the City may be referred to collectively below as the “Parties”.
This TCE Agreement is based on the following facts, which are incorporated herein by this reference:
A. Grantor is the record fee owner of that certain real property located at 3901 Lampson Avenue, in the City of Seal Beach, California, and identified as Orange County Tax Assessor’s Parcel Numbers 130-012-55 and 130-012-58 (“Property”), and ClubCorp USA, Inc., operates the Property for Grantor (“Operator”).
B. Grantor wishes to grant to the City and the City wishes to acquire from Grantor an approximate 1,681 square foot non-exclusive temporary construction easement to facilitate the City’s construction ofthe Lampson Avenue Bike Lane Gap Closure Project (“Project”), which is a public use. The Project will create a bike lane along the northerly and southerly sides ofLampson Avenue between Basswood Street and Seal Beach Boulevard.
NOW THEREFORE, for a valuable consideration, receipt and sufficiency of which are hereby acknowledged, Grantor and the City agree to the following:
1. Grant of 1,681 Square Foot Temporary Construction Easement. Grantor hereby grants to the City, its contractors, agents, representatives, employees, and all others reasonably deemed necessary by the City (“City Designees”), that certain approximate 1,681 square foot non-exclusive Temporary Construction Easement more particularly described on -1-
EXHIBIT A and depicted on EXHIBIT B hereto (“TCE”) in, over, under and across the Property to facilitate the City’s construction of the Project. EXHIBIT A and EXHIBIT B are attached hereto, and incorporated herein by this reference.
2. Term. The term of the TCE will commence on November 1, 2022 (“Commencement Date”) and will terminate automatically on February 1, 2024 (“Termination Date”), if not terminated earlier in accordance with this Section 2. The City is authorized to use the approximate 1,681 square foot TCE from the Commencement Date to the Termination Date to facilitate the City’s construction of the Project. The TCE will expire on the earlier of (i) the Termination Date or (ii) the date on which the City records a notice of termination of the Temporary Construction Easement in the Official Records ofthe County of Orange.
3. Title VI, CIVIL RIGHTS ACT OF 1964. The Parties to this TCE Agreement shall, pursuant to Section 21.7(a) of Title 49, Code of Federal Regulations, comply with all elements ofTitle VI ofthe Civil Rights Act of 1964. This requirement under Title VI and the Code of Federal Regulations is to complete the USDOT Non-Discrimination Assurance requiring compliance with Title VI of the Civil Rights Act of 1964, 49 C.F.R. Parts 21 and 28 C.F.R. Section 50.3. Further, no person in the United States, on the ground of race, color, or national origin, shall be excluded form participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity that is subject ofthis TCE Agreement.
4. Scope of Temporary Construction Easement. The 1,681 square foot TCE is for the use by the City Designees for the term set forth in Section 2 to facilitate the City’s construction ofthe Project, including construction ofthe bike lane improvements, irrigation system improvements, and appurtenances.
5. Prohibited Uses. Notwithstanding anything to the contrary contained herein, under no circumstances shall the City, at any point, (a) tear down any portion ofthe fence surrounding Grantor’s Property, it being understood that the fence serves crucial security purposes for the Property (for example, by preventing golfballs from leaving the Property and endangering neighboring property), and (b) use the TCE is such a way as to adversely affect Grantor’s use of its Property.
6. Donation - No Cash Payment bv Citv of Seal Beach. It is agreed that the temporary construction easement conveyed this document is being donated to the City of Seal Beach by the undersigned grantors. Grantors having initiated this donation, have been informed ofthe right to compensation for the temporary construction easement and hereby waive such right to compensation.
7. No Liens. The City agrees to keep the approximate 1,681 square foot TCE and the Property free of any liens, including without limitation, liens by contractors, subcontractors, or suppliers, engineers, architects, surveyors, or others that may have lien rights for work arising out ofthe City’s use ofthe TCE in connection with the construction ofthe Project.
If any such lien is filed on the TCE or any portion of the Property in connection with the City’s use ofthe TCE, the City will, at its sole cost and expense, have the lien released and discharged of record in a matter satisfactory to Grantor within 30 calendar days ofreceiving notice of the lien.
Ifthe City fails to remove the lien within such 30-day period, Grantor will have the right to remove -2-
or bond over the lien, and the City, upon demand, will reimburse Grantor for all reasonable costs and expenses, including without limitation reasonable attorneys’ fees incurred by Grantor in connection with such removal or bond. The City’s obligations set forth in this Section 6 shall survive the termination ofthe TCE and the termination ofthis TCE Agreement.
8. City’s Obligations at End of Term. The City agrees that as of the termination date, the City will leave and restore the TCE in as close as possible to the condition in which said TCE existed at the Commencement Date. Further, upon the expiration ofthe term of the TCE, the City agrees to take such actions as necessary to evidence and give effect to the extinguishment of the TCE and the relinquishment of the City’s rights and interests in the TCE pursuant to this TCE Agreement. This includes, without limitation, the recording by the City of such termination or extinguishment in the form and substance that is reasonably acceptable to Grantor and sufficient to remove this TCE Agreement as an encumbrance against title. The City’s obligations set forth in this Section 7 shall survive the termination ofthe TCE and the termination ofthe TCE Agreement.
9. Insurance. Prior to entry onto, or use of, the approximate 1,681 square foot TCE area, the City will cause the City’s contractor for the Project to procure and maintain a policy of commercial general liability insurance issued by an insurer reasonably satisfactory to Grantor covering the use by and activities ofthe City and the City’s Designees with a single limit ofliability (per occurrence and aggregate) of not less than $2,000,000, and to deliver to Grantor a certificate of insurance and copy of additional insured endorsement naming Grantor and Operator as named additional insureds, evidencing that such insurance is in force and effect, and evidencing that Grantor and Operator have been named as an additional insured thereunder with respect to the use by the City and the City’s Designees of the TCE. Such insurance will be maintained in force throughout the term ofthis TCE.
10. Indemnification. The City hereby agrees to indemnify, defend and hold Owner and Operator, each oftheir successors and assigns, and their respective officers, directors, employees, members, guests, clients and agents harmless from and against all claims, demands, proceedings, losses, actions, damages, suits, liabilities and expenses (including reasonable attorneys’ fees), to the extent arising out ofthe City’s use ofthe TCE. The City’s obligations set forth in this Section 9 shall survive the termination of the TCE and the termination of this TCE Agreement.
11. Notices. All notices and demands will be given in writing by certified mail, postage prepaid, and return receiptrequested, by personal delivery, or by Federal Express. Notices will be considered given upon the earlier of(a) personal delivery, (b) two business days following deposit in the United States mail, postage prepaid, certified or registered, return receipt requested, or (c) one business day following deposit with an overnight earner. The Parties will address such notices as provided below or as may be amended by written notice:
CITY: City of Seal Beach
211 Eighth Street
Seal Beach, California 90740
Attention: City Manager
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COPY TO: Richards, Watson & Gershon
350 South Grand Avenue, 37th Floor
Los Angeles, California 90071
Attention: Craig Steele, City Attorney
GRANTOR: Old Ranch Country Club, LLC
3901 Lampson Avenue
Seal Beach, California 90740
Attention: Frank A. Herrera, General Manager
COPY TO: Perkins Coie LLP
1888 Century Park East, Suite 1700
Los Angeles, California 90067
Attention: David Larsen, Esq.
12. Miscellaneous Provisions.
a. Governing Law. This TCE Agreement is deemed to have been prepared by each of the Parties hereto, and any uncertainty or ambiguity herein shall not be interpreted against the drafter, but rather, if such uncertainty or ambiguity exists, shall be interpreted according to the applicable rules of interpretation of contracts under the laws of the State of California, and not the substantive law of another state or the United States or federal common law. This TCE Agreement shall be deemed to have been executed and delivered within the State of California, and the rights and obligations of the Parties shall be governed by, and construed and enforced in accordance with, the laws ofthe State ofCalifornia. b. Entire Agreement. This TCE Agreement contains the entire agreement between Grantor and the City regarding the City’s use ofthe TCE area to facilitate the construction ofthe Project, No person is authorized to make, and by execution hereof Grantor and the City acknowledge that no person has made, any representation, warranty, guaranty or promise except as set forth herein; and any such agreement, statement, representation or promise not contained in this TCE Agreement will not be binding on Grantor or the City. c. Amendments. Any amendments to this TCE Agreement will be effective only by a writing executed by all Parties to this TCE Agreement that will be recorded by the City in the Official Records ofthe County of Orange. d. Successors and Assigns. This TCE Agreement will be binding upon and inure to the benefit ofthe heirs, executors, administrators, successors and assigns ofthe Parties hereto.
e. Counterparts. This TCE Agreement may be executed in whole or in counterparts, which together shall constitute the entire Agreement. f. Legal Representation. Each of the Parties acknowledge that in connection with the negotiation and execution of this TCE Agreement, they have each been represented by independent counsel oftheir own choosing and the Parties executed this Agreement -4-
after review by such independent counsel, or, if they were not so represented, said nonrepresentation is and was the voluntary, intelligent and informed decision and election of any of the Parties not so represented. The Parties further acknowledge that, prior to executing this TCE Agreement, each of the Parties has had an adequate opportunity to conduct an independent investigation of all the facts and circumstances with respect to the matters that are the subject of said Agreement.
g. Attorneys’ Fees. In any action or proceeding brought to enforce or interpret any provision of this Temporary Construction Easement or where any provision hereof is validly asserted as a defense, each party shall bear its own attorney fees and costs. h. Severability. If any part, term or provision ofthis TCE Agreement is held by a court of competent jurisdiction to be illegal or in conflict with any law, the validity of the remaining provisions will not be affected, and the rights and obligations ofthe Parties will be construed and enforced as if this TCE Agreement did not contain the particular part, term or provision held to be invalid.
i. Recording. The Parties agree that the City is authorized to record this TCE Agreement in the Official Records ofthe County of Orange. [SIGNATURE PAGE FOLLOWS]
-5-
IN WITNESS WHEREOF, Grantor and the City have entered into this TCE Agreement as ofthe date set forth below.
GRANTOR
OLD RANCH COUNTRY CLUB, LLC,
a California limited liability company
Dated: ___________ By:
Name:
Title:
CITY OF SEAL BEACH,
a municipal corporation
Dated: _________ By: __________________________
Jill R. Ingram, City Manager
ATTEST:
Gloria D. Harper, City Clerk
-6-
A Notary Public or other officer completing this certificate verifies only the identity ofthe individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity ofthat document.
State ofCalifornia )
County ofOrange )
On , before me, .
(insert name and title ofthe officer)
Notary Public, personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws ofthe State ofCalifornia that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
A Notary Public or other officer completing this certificate verifies only the identity ofthe individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity ofthat document.
State ofCalifornia )
County of Orange )
On ____ , before me, ________________ ,
(insert name and title ofthe officer)
Notary Public, personally appeared _________________________ , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws ofthe State ofCalifornia that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature __________________________ (Seal)
-7_
Exhibit A
Legal Description ofTCE
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SHEET 1 OF 1
EXHIBIT A
LEGAL DESCRIPTION
TEMPORARY CONSTRUCTION EASEMENT
THAT PORTION OF SECTIONS 31 AND 32, TOWNSHIP 4 SOUTH, RANGE 11 WEST, IN THE
RANCHO LOS ALAMITOS, CITY OF SEAL BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON MAP NO. 2 ATTACHED TO THE FINAL DECREE OF PARTITION OF SAID RANCHO, A CERTIFIED COPY OF WHICH WAS RECORDED FEBRUARY 2, 1891 IN BOOK 14, PAGE 31 OF
DEEDS OF OFFICIAL RECORDS OF SAID ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT ON THE NORTHEASTERLY SIDELINE OF THE EASEMENT FOR ROAD,
PUBLIC UTILITIES AND INCIDENTAL PURPOSES, GRANTED TO THE CITY OF SEAL BEACH RECORDED APRIL 7, 1965, IN BOOK 7475, PAGE 46 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY, SAID POINT BEING NORTH 63o2T04'’ EAST 40.00 FEET FROM THE SOUTHEASTERLY TERMINUS OF THAT CERTAIN COURSE SHOWN AS HAVING A BEARING OF NORTH 26°38’56” WEST AND DISTANCE OF 389.91 FEET IN SAID GRANT; THENCE NORTHWESTERLY ALONG SAID NORTHEASTERLY SIDELINE NORTH 26O38’56” WEST 389.91 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 840.00 FEET: THENCE ALONG SAID CURVE 184.11 FEET THROUGH A CENTRAL ANGLE OF 12°33’29” TO THE TRUE POINT OF BEGINNING, A RADIAL LINE TO SAID POINT BEARS NORTH 50°47’35” EAST; THENCE LEAVING SAID SIDELINE NORTH 15O48’23" WEST 41.83 FEET; THENCE NORTH 45O15’54” WEST 44.57 FEET; THENCE NORTH 63o50'21” WEST 44.29 FEET; THENCE NORTH 45o00,38" WEST 60.39 FEET
TO A POINT ON THE EASTERLY LINE OF THE LAND CONVEYED TO THE CITY OF SEAL BEACH PER DOCUMENT RECORDED JULY 7, 2000, AS INSTRUMENT NO. 2000-0356782; THENCE ALONG SAID EASTERLY LINE SOUTH 0°11’27” WEST 9.37 FEET TO A POINT ON SAID NORTHEASTERLY SIDELINE, BEING A CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 840.00 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 38°42’42” EAST; THENCE SOUTHEASTERLY ALONG SAID CURVE 177.12 FEET THROUGH A CENTRAL ANGLE OF 12°04’52” TO THE TRUE POINT OF BEGINNING.
Containing: 1,681 Sq. Ft., more or less.
As shown on Exhibit “B” attached hereto and by this reference made a part hereof.
Ruel Delcastillo, L.S. 7320
DATED THIS 24th DAY OF October ., 2022.
Exhibit B
Depiction ofTCE
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EXHIBIT B SHEET 1 OF 1
SKETCH TO ACCOMPANY LEGAL DESCRIPTION
TEMPORARY CONSTRUCTION EASEMENT
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California )
County of Los Angeles )
On October 24, 2022, before me, Leslie Ericson, Notary Public, personally appeared Craig A. Steele, who proved to me on the basis ofsatisfactory evidence to be the person whose name ise subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature [
(Seal)
^LESLIE ERICSONl
COMM. # 2305725 S2
NOTARY PUBLIC ■ CALIFORNIA §
LOS ANGELES COUNTY |
My Comm. Expires SEPTEMBER 17,2023 |f
Agenda Item H
AGENDA STAFF REPORT
DATE: October 24, 2022
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Gloria D. Harper, City Clerk
SUBJECT: City of Seal Beach Biennial Conflict of Interest Code Update _____________________________________________________________ SUMMARY OF REQUEST:
That the City Council adopt Resolution 7343 amending the City’s Conflict of Interest Code (“Code”) and acknowledging no changes to the Conflict-of-Interest Codes for the Public Financing Authority (“Authority”).
BACKGROUND AND ANALYSIS:
The Political Reform Act (PRA), Government Code Section 81000, requires the City of Seal Beach (“City”) to adopt a Conflict of Interest Code. A conflict of interest code tells public officials, governmental employees, and consultants what financial interests they must disclose on their Statement of Economic Interest (Form 700).
The PRA also requires local governments to review and, if necessary, to update their conflict-of-interest code in each even-numbered year.
The City last updated the conflict of interest code applicable to the City, Authority and Agency in February 2022 through Resolution 7254 (Attachment E). On May 23, 2022, the City Council approved amendments to the Classification Plan and designated the Pay Grade and Status of four (4) Planning positions. Following the appointment of a new Community Development Director, internal research was initiated in 2021 to analyze classification and compensation for a planning series of four positions: Assistant Planner, Associate Planner, Senior Planner, and Planning Manager.
Proposed Resolution 7343 (Attachment A) includes the following recommended updates to the City’s Conflict of Interest Code for the City and Authority, which are set forth in Exhibit “A” and Appendices 1-3, inclusive of said Resolution:
• The Model Code as set forth in FPPC Regulation 18730 (Section 18730 of Title 2, Division 6, of the California Code of Regulations) (Attachment B); and,
• An Appendix containing the amended master list of the titles of designated employee positions to include Assistant Planner, Associate Planner, Senior Planner and Planning Manager (Attachment C); and, • An Appendix containing the Disclosure Categories (Attachment C); and, • Authorization for changes to designated employee positions as listed in the Department Reorganization Plan as the City deems necessary; and, • An Appendix which includes FPPC Forms 804 and 805 with respect to newly appointed positions and consultants, respectively (Attachment D).
ENVIRONMENTAL IMPACT:
There is no environmental impact related to this item.
LEGAL ANALYSIS:
The City Attorney has reviewed and approved the resolution as to form.
FINANCIAL IMPACT:
No financial impact related to this item.
STRATEGIC PLAN:
This item is not applicable to the Strategic Plan.
RECOMMENDATION:
That the City Council adopt Resolution 7343 amending the City’s Conflict of Interest Code (“Code”) and acknowledging no changes to the Conflict-of-Interest Codes for the Public Financing Authority (“Authority”).
SUBMITTED BY: NOTED AND APPROVED:
Gloria D. Harper Jill R. Ingram
Gloria D. Harper, City Clerk Jill R. Ingram, City Manager
ATTACHMENTS:
A. Resolution 7343
B. Model Code (2 Cal. Code Reg. 18730)
C. Update to Designated Employee List and Disclosure Categories D. Forms 804 and 805
E. Resolution 7254
RESOLUTION 7343
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
ADOPTING AN AMENDED CONFLICT OF INTEREST CODE
CONTAINING REVISED DESIGNATED POSITIONS,
DISCLOSURE CATEGORIES AND SUPERSEDING AND
REPEALING RESOLUTION 7254
THE SEAL BEACH CITY COUNCIL DOES HEREBY FIND, RESOLVE, AND ORDER AS FOLLOWS:
Section 1. The Political Reform Act, Government Code Section 81000, et seq. requires the City of Seal Beach (“City”) to adopt a Conflict of Interest Code for each department of the City.
Section 2. The Fair Political Practices Commission has adopted a Model Conflict of Interest Code (the “Model Code”). The Model Code, codified at 2 California Code of Regulations Section 18730, can be incorporated by reference by the City as its Conflict of Interest Code. That Model Code will be amended by the Fair Political Practices Commission from time to time to conform to amendments to the Political Reform Act.
Section 3. Pursuant to Resolution Number 7254, the City previously adopted a Conflict of Interest Code containing designated positions and disclosure categories. By this resolution the City is adopting the updated Conflict of Interest Code, designated positions, and disclosure categories.
Section 4. Resolution Number 7254 of the City is hereby superseded and repealed in its entirety. The Model Code, attached hereto as Exhibit “A” and any amendments to it duly adopted by the Fair Political Practices Commission, and Appendices 1-3, are hereby incorporated by reference and shall constitute the Conflict of Interest Code for the City.
Section 5. Persons holding designated positions listed in Appendix 1 of Exhibit “A” shall file Statements of Economic Interest pursuant to this section of the Conflict of Interest Code with the information required for the disclosure categories assigned to them in Appendix 2 of Exhibit “A.”
Section 6. The City Council hereby directs the City Clerk and City Attorney to coordinate the preparation of a revised Conflict of Interest Code in succeeding even-numbered years in accordance with the requirements of Government Code Sections 87306 and 87306.5. The revised Code should reflect any changes in department or employee designations as listed in the Department Reorganization Plan as the City Clerk and City Attorney deem necessary. If no revisions to the Code are required, the City Clerk shall submit a report no later than October 1st of the same year, stating that amendments to the Code are not required.
Section 7. The City Council, as the Code reviewing body, hereby acknowledges that the Public Financing Authority has no changes to its Conflict of Interest Code.
Section 8. The City Clerk shall certify to the passage and adoption of this Resolution.
PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular meeting held on the 24th day of October, 2022 by the following vote:
AYES: Council Members
NOES: Council Members
ABSENT: Council Members
ABSTAIN: Council Members
Joe Kalmick, Mayor
ATTEST:
Gloria D. Harper, City Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Gloria D. Harper, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution 7343 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 24th day of October, 2022.
Gloria D. Harper, City Clerk
EXHIBIT “A”
[MODEL CONFLICT OF INTEREST CODE
8 CAL. CODE OF REGULATIONS § 18730]
1 (Regulations of the Fair Political Practices Commission, Title 2, Division 6, California Code of Regulations)
§ 18730. Provisions of Conflict of Interest Codes.
(a) Incorporation by reference of the terms of this regulation along with the designation of employees and the formulation of disclosure categories in the Appendix referred to below constitute the adoption and promulgation of a conflict of interest code within the meaning of Section 87300 or the amendment of a conflict of interest code within the meaning of Section 87306 if the terms of this regulation are substituted for terms of a conflict of interest code already in effect. A code so amended or adopted and promulgated requires the reporting of reportable items in a manner substantially equivalent to the requirements of article 2 of chapter 7 of the Political Reform Act, Sections 81000, et seq. The requirements of a conflict of interest code are in addition to other requirements of the Political Reform Act, such as the general prohibition against conflicts of interest contained in Section 87100, and to other state or local laws pertaining to conflicts of interest.
(b) The terms of a conflict of interest code amended or adopted and promulgated pursuant to this regulation are as follows:
(1) Section 1. Definitions.
The definitions contained in the Political Reform Act of 1974, regulations of the Fair Political Practices Commission (Regulations 18110, et seq. ), and any amendments to the Act or regulations, are incorporated by reference into this conflict of interest code. (2) Section 2. Designated Employees.
2 The persons holding positions listed in the Appendix are designated employees. It has been determined that these persons make or participate in the making of decisions which may foreseeably have a material effect on economic interests. (3) Section 3. Disclosure Categories.
This code does not establish any disclosure obligation for those designated employees who are also specified in Section 87200 if they are designated in this code in that same capacity or if the geographical jurisdiction of this agency is the same as or is wholly included within the jurisdiction in which those persons must report their economic interests pursuant to article 2 of chapter 7 of the Political Reform Act, Sections 87200, et seq.
In addition, this code does not establish any disclosure obligation for any designated employees who are designated in a conflict of interest code for another agency, if all of the following apply:
(A) The geographical jurisdiction of this agency is the same as or is wholly included within the jurisdiction of the other agency;
(B) The disclosure assigned in the code of the other agency is the same as that required under article 2 of chapter 7 of the Political Reform Act, Section 87200; and (C) The filing officer is the same for both agencies.1
Such persons are covered by this code for disqualification purposes only. With respect to all other designated employees, the disclosure categories set forth in the Appendix specify which kinds of economic interests are reportable. Such a designated employee shall disclose in the employee's statement of economic interests those economic interests the employee has which are of the kind described in the disclosure categories to which the employee is assigned in the Appendix. It has been determined that the economic interests set forth in a designated employee's 3 disclosure categories are the kinds of economic interests which the employee foreseeably can affect materially through the conduct of the employee's office. (4) Section 4. Statements of Economic Interests: Place of Filing.
The code reviewing body shall instruct all designated employees within its code to file statements of economic interests with the agency or with the code reviewing body, as provided by the code reviewing body in the agency's conflict of interest code.2 (5) Section 5. Statements of Economic Interests: Time of Filing. (A) Initial Statements. All designated employees employed by the agency on the effective date of this code, as originally adopted, promulgated and approved by the code reviewing body, shall file statements within 30 days after the effective date of this code. Thereafter, each person already in a position when it is designated by an amendment to this code shall file an initial statement within 30 days after the effective date of the amendment. (B) Assuming Office Statements. All persons assuming designated positions after the effective date of this code shall file statements within 30 days after assuming the designated positions, or if subject to State Senate confirmation, 30 days after being nominated or appointed. (C) Annual Statements. All designated employees shall file statements no later than April
1. If a person reports for military service as defined in the Servicemember's Civil Relief Act, the deadline for the annual statement of economic interests is 30 days following the person's return to office, provided the person, or someone authorized to represent the person's interests, notifies the filing officer in writing prior to the applicable filing deadline that the person is subject to that federal statute and is unable to meet the applicable deadline, and provides the filing officer verification of the person's military status.
4 (D) Leaving Office Statements. All persons who leave designated positions shall file statements within 30 days after leaving office.
(5.5) Section 5.5. Statements for Persons Who Resign Prior to Assuming Office.
Any person who resigns within 12 months of initial appointment, or within 30 days of the date of notice provided by the filing officer to file an assuming office statement, is not deemed to have assumed office or left office, provided the person did not make or participate in the making of, or use the person's position to influence any decision and did not receive or become entitled to receive any form of payment as a result of the person's appointment. Such persons shall not file either an assuming or leaving office statement.
(A) Any person who resigns a position within 30 days of the date of a notice from the filing officer shall do both of the following:
(1) File a written resignation with the appointing power; and (2) File a written statement with the filing officer declaring under penalty of perjury that during the period between appointment and resignation the person did not make, participate in the making, or use the position to influence any decision of the agency or receive, or become entitled to receive, any form of payment by virtue of being appointed to the position. (6) Section 6. Contents of and Period Covered by Statements of Economic Interests. (A) Contents of Initial Statements.
Initial statements shall disclose any reportable investments, interests in real property and business positions held on the effective date of the code and income received during the 12 months prior to the effective date of the code.
(B) Contents of Assuming Office Statements.
5 Assuming office statements shall disclose any reportable investments, interests in real property and business positions held on the date of assuming office or, if subject to State Senate confirmation or appointment, on the date of nomination, and income received during the 12 months prior to the date of assuming office or the date of being appointed or nominated, respectively.
(C) Contents of Annual Statements. Annual statements shall disclose any reportable investments, interests in real property, income and business positions held or received during the previous calendar year provided, however, that the period covered by an employee's first annual statement shall begin on the effective date of the code or the date of assuming office whichever is later, or for a board or commission member subject to Section 87302.6, the day after the closing date of the most recent statement filed by the member pursuant to Regulation 18754. (D) Contents of Leaving Office Statements.
Leaving office statements shall disclose reportable investments, interests in real property, income and business positions held or received during the period between the closing date of the last statement filed and the date of leaving office.
(7) Section 7. Manner of Reporting.
Statements of economic interests shall be made on forms prescribed by the Fair Political Practices Commission and supplied by the agency, and shall contain the following information:
(A) Investment and Real Property Disclosure.
When an investment or an interest in real property3is required to be reported,4the statement shall contain the following:
1. A statement of the nature of the investment or interest; 6 2. The name of the business entity in which each investment is held, and a general description of the business activity in which the business entity is engaged;
3. The address or other precise location of the real property;
4. A statement whether the fair market value of the investment or interest in real property equals or exceeds $2,000, exceeds $10,000, exceeds $100,000, or exceeds $1,000,000. (B) Personal Income Disclosure. When personal income is required to be reported,5the statement shall contain:
1. The name and address of each source of income aggregating $500 or more in value, or $50 or more in value if the income was a gift, and a general description of the business activity, if any, of each source;
2. A statement whether the aggregate value of income from each source, or in the case of a loan, the highest amount owed to each source, was $1,000 or less, greater than $1,000, greater than $10,000, or greater than $100,000;
3. A description of the consideration, if any, for which the income was received;
4. In the case of a gift, the name, address and business activity of the donor and any intermediary through which the gift was made; a description of the gift; the amount or value of the gift; and the date on which the gift was received;
5. In the case of a loan, the annual interest rate and the security, if any, given for the loan and the term of the loan.
(C) Business Entity Income Disclosure. When income of a business entity, including income of a sole proprietorship, is required to be reported,6the statement shall contain:
1. The name, address, and a general description of the business activity of the business entity;
7 2. The name of every person from whom the business entity received payments if the filer's pro rata share of gross receipts from such person was equal to or greater than $10,000. (D) Business Position Disclosure. When business positions are required to be reported, a designated employee shall list the name and address of each business entity in which the employee is a director, officer, partner, trustee, employee, or in which the employee holds any position of management, a description of the business activity in which the business entity is engaged, and the designated employee's position with the business entity. (E) Acquisition or Disposal During Reporting Period. In the case of an annual or leaving office statement, if an investment or an interest in real property was partially or wholly acquired or disposed of during the period covered by the statement, the statement shall contain the date of acquisition or disposal.
(8) Section 8. Prohibition on Receipt of Honoraria.
(A) No member of a state board or commission, and no designated employee of a state or local government agency, shall accept any honorarium from any source, if the member or employee would be required to report the receipt of income or gifts from that source on the member's or employee's statement of economic interests. (B) This section shall not apply to any part-time member of the governing board of any public institution of higher education, unless the member is also an elected official. (C) Subdivisions (a), (b), and (c) of Section 89501 shall apply to the prohibitions in this section.
(D) This section shall not limit or prohibit payments, advances, or reimbursements for travel and related lodging and subsistence authorized by Section 89506. (8.1) Section 8.1. Prohibition on Receipt of Gifts in Excess of $520. 8 (A) No member of a state board or commission, and no designated employee of a state or local government agency, shall accept gifts with a total value of more than $520 in a calendar year from any single source, if the member or employee would be required to report the receipt of income or gifts from that source on the member's or employee's statement of economic interests.
(B) This section shall not apply to any part-time member of the governing board of any public institution of higher education, unless the member is also an elected official. (C) Subdivisions (e), (f), and (g) of Section 89503 shall apply to the prohibitions in this section.
(8.2) Section 8.2. Loans to Public Officials.
(A) No elected officer of a state or local government agency shall, from the date of the election to office through the date that the officer vacates office, receive a personal loan from any officer, employee, member, or consultant of the state or local government agency in which the elected officer holds office or over which the elected officer's agency has direction and control.
(B) No public official who is exempt from the state civil service system pursuant to subdivisions (c), (d), (e), (f), and (g) of Section 4 of Article VII of the Constitution shall, while he or she holds office, receive a personal loan from any officer, employee, member, or consultant of the state or local government agency in which the public official holds office or over which the public official's agency has direction and control. This subdivision shall not apply to loans made to a public official whose duties are solely secretarial, clerical, or manual. (C) No elected officer of a state or local government agency shall, from the date of the election to office through the date that the officer vacates office, receive a personal loan from 9 any person who has a contract with the state or local government agency to which that elected officer has been elected or over which that elected officer's agency has direction and control.
This subdivision shall not apply to loans made by banks or other financial institutions or to any indebtedness created as part of a retail installment or credit card transaction, if the loan is made or the indebtedness created in the lender's regular course of business on terms available to members of the public without regard to the elected officer's official status. (D) No public official who is exempt from the state civil service system pursuant to subdivisions (c), (d), (e), (f), and (g) of Section 4 of Article VII of the Constitution shall, while the official holds office, receive a personal loan from any person who has a contract with the state or local government agency to which that elected officer has been elected or over which that elected officer's agency has direction and control. This subdivision shall not apply to loans made by banks or other financial institutions or to any indebtedness created as part of a retail installment or credit card transaction, if the loan is made or the indebtedness created in the lender's regular course of business on terms available to members of the public without regard to the elected officer's official status. This subdivision shall not apply to loans made to a public official whose duties are solely secretarial, clerical, or manual. (E) This section shall not apply to the following:
1. Loans made to the campaign committee of an elected officer or candidate for elective office.
2. Loans made by a public official's spouse, child, parent, grandparent, grandchild, brother, sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, or first cousin, or the spouse of any such persons, provided that the person making the loan is not acting as an agent or intermediary for any person not otherwise exempted under this section. 10 3. Loans from a person which, in the aggregate, do not exceed $500 at any given time.
4. Loans made, or offered in writing, before January 1, 1998. (8.3) Section 8.3. Loan Terms.
(A) Except as set forth in subdivision (B), no elected officer of a state or local government agency shall, from the date of the officer's election to office through the date the officer vacates office, receive a personal loan of $500 or more, except when the loan is in writing and clearly states the terms of the loan, including the parties to the loan agreement, date of the loan, amount of the loan, term of the loan, date or dates when payments shall be due on the loan and the amount of the payments, and the rate of interest paid on the loan. (B) This section shall not apply to the following types of loans:
1. Loans made to the campaign committee of the elected officer.
2. Loans made to the elected officer by his or her spouse, child, parent, grandparent, grandchild, brother, sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, or first cousin, or the spouse of any such person, provided that the person making the loan is not acting as an agent or intermediary for any person not otherwise exempted under this section.
3. Loans made, or offered in writing, before January 1, 1998. (C) Nothing in this section shall exempt any person from any other provision of Title 9 of the Government Code.
(8.4) Section 8.4. Personal Loans.
(A) Except as set forth in subdivision (B), a personal loan received by any designated employee shall become a gift to the designated employee for the purposes of this section in the following circumstances:
11 1. If the loan has a defined date or dates for repayment, when the statute of limitations for filing an action for default has expired.
2. If the loan has no defined date or dates for repayment, when one year has elapsed from the later of the following:
a. The date the loan was made.
b. The date the last payment of $100 or more was made on the loan. c. The date upon which the debtor has made payments on the loan aggregating to less than $250 during the previous 12 months.
(B) This section shall not apply to the following types of loans:
1. A loan made to the campaign committee of an elected officer or a candidate for elective office.
2. A loan that would otherwise not be a gift as defined in this title.
3. A loan that would otherwise be a gift as set forth under subdivision (A), but on which the creditor has taken reasonable action to collect the balance due.
4. A loan that would otherwise be a gift as set forth under subdivision (A), but on which the creditor, based on reasonable business considerations, has not undertaken collection action.
Except in a criminal action, a creditor who claims that a loan is not a gift on the basis of this paragraph has the burden of proving that the decision for not taking collection action was based on reasonable business considerations.
5. A loan made to a debtor who has filed for bankruptcy and the loan is ultimately discharged in bankruptcy.
(C) Nothing in this section shall exempt any person from any other provisions of Title 9 of the Government Code.
12 (9) Section 9. Disqualification.
No designated employee shall make, participate in making, or in any way attempt to use the employee's official position to influence the making of any governmental decision which the employee knows or has reason to know will have a reasonably foreseeable material financial effect, distinguishable from its effect on the public generally, on the official or a member of the official's immediate family or on:
(A) Any business entity in which the designated employee has a direct or indirect investment worth $2,000 or more;
(B) Any real property in which the designated employee has a direct or indirect interest worth $2,000 or more;
(C) Any source of income, other than gifts and other than loans by a commercial lending institution in the regular course of business on terms available to the public without regard to official status, aggregating $500 or more in value provided to, received by or promised to the designated employee within 12 months prior to the time when the decision is made; (D) Any business entity in which the designated employee is a director, officer, partner, trustee, employee, or holds any position of management; or (E) Any donor of, or any intermediary or agent for a donor of, a gift or gifts aggregating $500 or more provided to, received by, or promised to the designated employee within 12 months prior to the time when the decision is made.
(9.3) Section 9.3. Legally Required Participation.
No designated employee shall be prevented from making or participating in the making of any decision to the extent the employee's participation is legally required for the decision to be made. 13 The fact that the vote of a designated employee who is on a voting body is needed to break a tie does not make the employees' participation legally required for purposes of this section. (9.5) Section 9.5. Disqualification of State Officers and Employees.
In addition to the general disqualification provisions of section 9, no state administrative official shall make, participate in making, or use the official's position to influence any governmental decision directly relating to any contract where the state administrative official knows or has reason to know that any party to the contract is a person with whom the state administrative official, or any member of the official's immediate family has, within 12 months prior to the time when the official action is to be taken:
(A) Engaged in a business transaction or transactions on terms not available to members of the public, regarding any investment or interest in real property; or (B) Engaged in a business transaction or transactions on terms not available to members of the public regarding the rendering of goods or services totaling in value $1,000 or more. (10) Section 10. Disclosure of Disqualifying Interest.
When a designated employee determines that the employee should not make a governmental decision because the employee has a disqualifying interest in it, the determination not to act may be accompanied by disclosure of the disqualifying interest. (11) Section 11. Assistance of the Commission and Counsel.
Any designated employee who is unsure of the duties under this code may request assistance from the Fair Political Practices Commission pursuant to Section 83114 and Regulations 18329 and 18329.5 or from the attorney for the employee's agency, provided that nothing in this section requires the attorney for the agency to issue any formal or informal opinion. (12) Section 12. Violations.
14 This code has the force and effect of law. Designated employees violating any provision of this code are subject to the administrative, criminal and civil sanctions provided in the Political Reform Act, Sections 81000-91014. In addition, a decision in relation to which a violation of the disqualification provisions of this code or of Section 87100 or 87450 has occurred may be set aside as void pursuant to Section 91003.
____________________
1 Designated employees who are required to file statements of economic interests under any other agency's conflict of interest code, or under article 2 for a different jurisdiction, may expand their statement of economic interests to cover reportable interests in both jurisdictions, and file copies of this expanded statement with both entities in lieu of filing separate and distinct statements, provided that each copy of such expanded statement filed in place of an original is signed and verified by the designated employee as if it were an original. See Section 81004. 2 See Section 81010 and Regulation 18115 for the duties of filing officers and persons in agencies who make and retain copies of statements and forward the originals to the filing officer. 3 For the purpose of disclosure only (not disqualification), an interest in real property does not include the principal residence of the filer.
4 Investments and interests in real property which have a fair market value of less than $2,000 are not investments and interests in real property within the meaning of the Political Reform Act.
However, investments or interests in real property of an individual include those held by the individual's spouse and dependent children as well as a pro rata share of any investment or interest in real property of any business entity or trust in which the individual, spouse and dependent children own, in the aggregate, a direct, indirect or beneficial interest of 10 percent or greater.
15 5 A designated employee's income includes the employee's community property interest in the income of the employee's spouse but does not include salary or reimbursement for expenses received from a state, local or federal government agency. 6 Income of a business entity is reportable if the direct, indirect or beneficial interest of the filer and the filer's spouse in the business entity aggregates a 10 percent or greater interest. In addition, the disclosure of persons who are clients or customers of a business entity is required only if the clients or customers are within one of the disclosure categories of the filer.
Note: Authority cited: Section 83112, Government Code. Reference: Sections 87103(e), 87300- 87302, 89501, 89502 and 89503, Government Code.
HISTORY
1. New section filed 4-2-80 as an emergency; effective upon filing (Register 80, No. 14).
Certificate of Compliance included.
2. Editorial correction (Register 80, No. 29).
3. Amendment of subsection (b) filed 1-9-81; effective thirtieth day thereafter (Register 81, No. 2).
4. Amendment of subsection (b)(7)(B)1. filed 1-26-83; effective thirtieth day thereafter (Register 83, No. 5).
5. Amendment of subsection (b)(7)(A) filed 11-10-83; effective thirtieth day thereafter (Register 83, No. 46).
6. Amendment filed 4-13-87; operative 5-13-87 (Register 87, No. 16).
7. Amendment of subsection (b) filed 10-21-88; operative 11-20-88 (Register 88, No. 46).
8. Amendment of subsections (b)(8)(A) and (b)(8)(B) and numerous editorial changes filed 8-28- 90; operative 9-27-90 (Reg. 90, No. 42).
16 9. Amendment of subsections (b)(3), (b)(8) and renumbering of following subsections and amendment of Note filed 8-7-92; operative 9-7-92 (Register 92, No. 32).
10. Amendment of subsection (b)(5.5) and new subsections (b)(5.5)(A)-(A)(2) filed 2-4-93; operative 2-4-93 (Register 93, No. 6).
11. Change without regulatory effect adopting Conflict of Interest Code for California Mental Health Planning Council filed 11-22-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 48). Approved by Fair Political Practices Commission 9-21-93.
12. Change without regulatory effect redesignating Conflict of Interest Code for California Mental Health Planning Council as chapter 62, section 55100 filed 1-4-94 pursuant to title 1, section 100, California Code of Regulations (Register 94, No. 1).
13. Editorial correction adding History 11 and 12 and deleting duplicate section number (Register 94, No. 17).
14. Amendment of subsection (b)(8), designation of subsection (b)(8)(A), new subsection (b)(8)(B), and amendment of subsections (b)(8.1)-(b)(8.1)(B), (b)(9)(E) and Note filed 3-14-95; operative 3-14-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 11).
15. Editorial correction inserting inadvertently omitted language in footnote 4 (Register 96, No. 13).
16. Amendment of subsections (b)(8)(A)-(B) and (b)(8.1)(A), repealer of subsection (b)(8.1)(B), and amendment of subsection (b)(12) filed 10-23-96; operative 10-23-96 pursuant to Government Code section 11343.4(d) (Register 96, No. 43).
17. Amendment of subsections (b)(8.1) and (9)(E) filed 4-9-97; operative 4-9-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 15). 17 18. Amendment of subsections (b)(7)(B)5., new subsections (b)(8.2)-(b)(8.4)(C) and amendment of Note filed 8-24-98; operative 8-24-98 pursuant to Government Code section 11343.4(d) (Register 98, No. 35).
19. Editorial correction of subsection (a) (Register 98, No. 47).
20. Amendment of subsections (b)(8.1), (b)(8.1)(A) and (b)(9)(E) filed 5-11-99; operative 5-11- 99 pursuant to Government Code section 11343.4(d) (Register 99, No. 20).
21. Amendment of subsections (b)(8.1)-(b)(8.1)(A) and (b)(9)(E) filed 12-6-2000; operative 1-1- 2001 pursuant to the 1974 version of Government Code section 11380.2 and Title 2, California Code of Regulations, section 18312(d) and (e) (Register 2000, No. 49).
22. Amendment of subsections (b)(3) and (b)(10) filed 1-10-2001; operative 2-1-2001.
Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2001, No. 2).
23. Amendment of subsections (b)(7)(A)4., (b)(7)(B)1.-2., (b)(8.2)(E)3., (b)(9)(A)-(C) and footnote 4. filed 2-13-2001. Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2001, No. 7).
24. Amendment of subsections (b)(8.1)-(b)(8.1)(A) filed 1-16-2003; operative 1-1-2003.
Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, 18 nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2003, No. 3).
25. Editorial correction of History 24 (Register 2003, No. 12).
26. Editorial correction removing extraneous phrase in subsection (b)(9.5)(B) (Register 2004, No. 33).
27. Amendment of subsections (b)(2)-(3), (b)(3)(C), (b)(6)(C), (b)(8.1)-(b)(8.1)(A), (b)(9)(E) and (b)(11)-(12) filed 1-4-2005; operative 1-1-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 1).
28. Amendment of subsection (b)(7)(A)4. filed 10-11-2005; operative 11-10-2005 (Register 2005, No. 41).
29. Amendment of subsections (a), (b)(1), (b)(3), (b)(8.1), (b)(8.1)(A) and (b)(9)(E) filed 12-18- 2006; operative 1-1-2007. Submitted to OAL pursuant to Fair Political Practices Commission v.
Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2006, No. 51).
30. Amendment of subsections (b)(8.1)-(b)(8.1)(A) and (b)(9)(E) filed 10-31-2008; operative 11- 30-2008. Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2008, No. 44).
31. Amendment of section heading and section filed 11-15-2010; operative 12-15-2010.
Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of 19 Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2010, No. 47).
32. Amendment of section heading and subsections (a)-(b)(1), (b)(3)-(4), (b)(5)(C), (b)(8.1)- (b)(8.1)(A) and (b)(9)(E) and amendment of footnote 1 filed 1-8-2013; operative 2-7-2013.
Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2013, No. 2).
33. Amendment of subsections (b)(8.1)-(b)(8.1)(A), (b)(8.2)(E)3. and (b)(9)(E) filed 12-15-2014; operative 1-1-2015 pursuant to section 18312(e)(1)(A), title 2, California Code of Regulations.
Submitted to OAL for filing and printing pursuant to Fair Political Practices Commission v.
Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2014, No. 51).
34. Redesignation of portions of subsection (b)(8)(A) as new subsections (b)(8)(B)-(D), amendment of subsections (b)(8.1)-(b)(8.1)(A), redesignation of portions of subsection (b)(8.1)(A) as new subsections (b)(8.1)(B)-(C) and amendment of subsection (b)(9)(E) filed 12- 1-2016; operative 12-31-2016 pursuant to Cal. Code Regs. tit. 2, section 18312(e). Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, 20 April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2016, No. 49).
35. Amendment of subsections (b)(8.1)-(b)(8.1)(A) and (b)(9)(E) filed 12-12-2018; operative 1- 11-2019 pursuant to Cal. Code Regs., tit. 2, section 18312(e). Submitted to OAL for filing and printing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2018, No. 50).
36. Amendment of subsections (b)(8.1)-(8.1)(A) filed 12-23-2020; operative 1-1-2021 pursuant to Cal. Code Regs., tit. 2, section 18312(e). Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2020, No. 52).
37. Amendment of subsections (b)(3)(C), (b)(5)(C), (b)(5.5), (b)(5.5)(A)(2), (b)(7)(D), (b)(8)(A), (b)(8.1)(A), (b)(8.2)(A), (b)(8.2)(C)-(D), (b)(8.3)(A), (b)(9), (b)(9.3), (b)(9.5), (b)(10) and (b)(11) and footnote 5 filed 5-12-2021; operative 6-11-2021 pursuant to Cal. Code Regs., tit. 2, section 18312(e). Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 21 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2021, No. 20).
APPENDIX 1
List of Designated Employee Positions
Position Disclosure Categories
Accountant 2
Assistant City Attorney 1
Assistant Engineer 1
Assistant City Manager 1
Assistant Planner 2
Associate Engineer 2
*Associate Planner 2*
Building Official 1
City Clerk 1
Designated Consultants** 1
Deputy Director of Public Works/City Engineer 1
Deputy Director of Public Works 1
Director of Community Development 1
Director of Public Works 1
Fleet Maintenance Program Manager 2
Finance Manager 1
Maintenance Services Supervisor 2
Marine Safety/ Lifeguard Chief 1
Marine Safety/ Lifeguard Lieutenant 1
*Planning Manager 1*
Police Chief 1
Recreation Manager 2
Senior Planner 2, 4
Senior Account Technician 3
Water Services Supervisor 2
*New Positions 1
Historic Preservation Committee 4
Recreation and Parks Commission 1
Police Captain 1
Police Lieutenant 1
Financial Analyst 2, 3, 4
The following positions are required to file Category 1 – Broad Responsibilities pursuant to Government Code Section 87200:
City Attorney
City Council Members
City Manager
Director of Finance / City Treasurer
Planning Commissioners
*Individuals who are either (1) serve in a newly created or (2) provide services as a “consultant” as defined in Regulation 18700.3, that make or participate in the decision making that may foreseeably have a material effect on any financial interest shall disclose pursuant to the broadest discloser in this code subject to the following:
The City Manager may determine that, due to the range of duties or contractual obligations, it is more appropriate to assign a limited disclosure requirement. A clear explanation of duties and a statement of the extent of the disclosure requirements must be in a written public document (see Appendix). ** Consultants who fit into one or more of the following categories shall be included in the list of designated employees as “Designated Consultants”:
A. Consultants who make (not just recommend) governmental decisions, such as whether to approve a rate, rule, or regulation, whether to issue, deny, suspend, or revoke any permit, license, application, certificate, or similar authorization, adopt or grant City approval to a plan, design, report, study, or adopt or grant City approval of policies, standards, or guidelines for the City or any subdivision thereof.
B. Consultants who serve in a staff capacity with the City, and in that capacity participate in making a governmental decision by providing information, an opinion, or a recommendation for the purpose of affecting the decision without significant intervening substantive review.
C. Consultants who perform the same or substantially all the same duties for the City that would otherwise be performed by an individual holding a designated position in the City’s Conflict of Interest Code.
When the Designated Consultant is a corporation, partnership, or limited liability company, only individuals who fit into one of the three categories of “Designated Consultants” described above must file disclosure statements.
For Designated Consultants who serve in a staff capacity with the City (Category B, described above), the consultant shall disclose based on the disclosure categories assigned elsewhere in this code for that staff position.
For other Designated Consultants who do not serve in a staff capacity for the City (Categories A and C, described above), the following disclosure categories shall be used:
Persons required to disclose in this category shall disclose pursuant to Category 1 below unless the City Manager determines in writing that a particular consultant is hired to perform a range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirements in Category 1. Such written determination shall include a description of the consultant's duties and, based upon that description, a statement of the extent of disclosure requirements. A clear explanation of duties and a statement of the extent of the disclosure requirements must be in a written public document (see Appendix).
*Bold Titles added to List of Designated Employee Positions APPENDIX 2
Disclosure Categories
Category 1 – Broad Responsibilities – Full Disclosure
Persons in this category shall disclose all investments, business positions, and income, including loans and gifts, from sources located in or doing business in the jurisdiction. Persons in this category shall also report interests in real property located in the jurisdiction, including property located within a two-mile radius of any property owned or used by the City.
Category 2 – Contracting or Purchasing Responsibilities Persons in this category shall disclose investments and business positions in business entities, and sources of income, including loans and gifts, which provide services, supplies, materials, machinery, or equipment of the type utilized by the City.
Category 3 – Regulatory Power
Persons in this category shall disclose investments and business positions in business entities, and sources of income, including loans and gifts, which are subject to the regulatory, permit, or licensing authority of the City.
Category 4 – Decision-Making Authority Affecting Real Property Persons in this category shall disclose investments and business positions in business entities, and sources of income, including loans and gifts, which engage in land development, construction, or acquisition or sale of real properly, and all interests in real property located within the jurisdiction, including property located within a two mile radius of any property owned or used by the City.
APPENDIX 3
[FAIR POLITICAL PRACTICES COMMISSION
FORMS 804 AND 805]
1 (Regulations of the Fair Political Practices Commission, Title 2, Division 6, California Code of Regulations)
§ 18730. Provisions of Conflict of Interest Codes.
(a) Incorporation by reference of the terms of this regulation along with the designation of employees and the formulation of disclosure categories in the Appendix referred to below constitute the adoption and promulgation of a conflict of interest code within the meaning of Section 87300 or the amendment of a conflict of interest code within the meaning of Section 87306 if the terms of this regulation are substituted for terms of a conflict of interest code already in effect. A code so amended or adopted and promulgated requires the reporting of reportable items in a manner substantially equivalent to the requirements of article 2 of chapter 7 of the Political Reform Act, Sections 81000, et seq. The requirements of a conflict of interest code are in addition to other requirements of the Political Reform Act, such as the general prohibition against conflicts of interest contained in Section 87100, and to other state or local laws pertaining to conflicts of interest.
(b) The terms of a conflict of interest code amended or adopted and promulgated pursuant to this regulation are as follows:
(1) Section 1. Definitions.
The definitions contained in the Political Reform Act of 1974, regulations of the Fair Political Practices Commission (Regulations 18110, et seq. ), and any amendments to the Act or regulations, are incorporated by reference into this conflict of interest code. (2) Section 2. Designated Employees.
2 The persons holding positions listed in the Appendix are designated employees. It has been determined that these persons make or participate in the making of decisions which may foreseeably have a material effect on economic interests. (3) Section 3. Disclosure Categories.
This code does not establish any disclosure obligation for those designated employees who are also specified in Section 87200 if they are designated in this code in that same capacity or if the geographical jurisdiction of this agency is the same as or is wholly included within the jurisdiction in which those persons must report their economic interests pursuant to article 2 of chapter 7 of the Political Reform Act, Sections 87200, et seq.
In addition, this code does not establish any disclosure obligation for any designated employees who are designated in a conflict of interest code for another agency, if all of the following apply:
(A) The geographical jurisdiction of this agency is the same as or is wholly included within the jurisdiction of the other agency;
(B) The disclosure assigned in the code of the other agency is the same as that required under article 2 of chapter 7 of the Political Reform Act, Section 87200; and (C) The filing officer is the same for both agencies.1
Such persons are covered by this code for disqualification purposes only. With respect to all other designated employees, the disclosure categories set forth in the Appendix specify which kinds of economic interests are reportable. Such a designated employee shall disclose in the employee's statement of economic interests those economic interests the employee has which are of the kind described in the disclosure categories to which the employee is assigned in the Appendix. It has been determined that the economic interests set forth in a designated employee's 3 disclosure categories are the kinds of economic interests which the employee foreseeably can affect materially through the conduct of the employee's office. (4) Section 4. Statements of Economic Interests: Place of Filing.
The code reviewing body shall instruct all designated employees within its code to file statements of economic interests with the agency or with the code reviewing body, as provided by the code reviewing body in the agency's conflict of interest code.2 (5) Section 5. Statements of Economic Interests: Time of Filing. (A) Initial Statements. All designated employees employed by the agency on the effective date of this code, as originally adopted, promulgated and approved by the code reviewing body, shall file statements within 30 days after the effective date of this code. Thereafter, each person already in a position when it is designated by an amendment to this code shall file an initial statement within 30 days after the effective date of the amendment. (B) Assuming Office Statements. All persons assuming designated positions after the effective date of this code shall file statements within 30 days after assuming the designated positions, or if subject to State Senate confirmation, 30 days after being nominated or appointed. (C) Annual Statements. All designated employees shall file statements no later than April
1. If a person reports for military service as defined in the Servicemember's Civil Relief Act, the deadline for the annual statement of economic interests is 30 days following the person's return to office, provided the person, or someone authorized to represent the person's interests, notifies the filing officer in writing prior to the applicable filing deadline that the person is subject to that federal statute and is unable to meet the applicable deadline, and provides the filing officer verification of the person's military status.
4 (D) Leaving Office Statements. All persons who leave designated positions shall file statements within 30 days after leaving office.
(5.5) Section 5.5. Statements for Persons Who Resign Prior to Assuming Office.
Any person who resigns within 12 months of initial appointment, or within 30 days of the date of notice provided by the filing officer to file an assuming office statement, is not deemed to have assumed office or left office, provided the person did not make or participate in the making of, or use the person's position to influence any decision and did not receive or become entitled to receive any form of payment as a result of the person's appointment. Such persons shall not file either an assuming or leaving office statement.
(A) Any person who resigns a position within 30 days of the date of a notice from the filing officer shall do both of the following:
(1) File a written resignation with the appointing power; and (2) File a written statement with the filing officer declaring under penalty of perjury that during the period between appointment and resignation the person did not make, participate in the making, or use the position to influence any decision of the agency or receive, or become entitled to receive, any form of payment by virtue of being appointed to the position. (6) Section 6. Contents of and Period Covered by Statements of Economic Interests. (A) Contents of Initial Statements.
Initial statements shall disclose any reportable investments, interests in real property and business positions held on the effective date of the code and income received during the 12 months prior to the effective date of the code.
(B) Contents of Assuming Office Statements.
5 Assuming office statements shall disclose any reportable investments, interests in real property and business positions held on the date of assuming office or, if subject to State Senate confirmation or appointment, on the date of nomination, and income received during the 12 months prior to the date of assuming office or the date of being appointed or nominated, respectively.
(C) Contents of Annual Statements. Annual statements shall disclose any reportable investments, interests in real property, income and business positions held or received during the previous calendar year provided, however, that the period covered by an employee's first annual statement shall begin on the effective date of the code or the date of assuming office whichever is later, or for a board or commission member subject to Section 87302.6, the day after the closing date of the most recent statement filed by the member pursuant to Regulation 18754. (D) Contents of Leaving Office Statements.
Leaving office statements shall disclose reportable investments, interests in real property, income and business positions held or received during the period between the closing date of the last statement filed and the date of leaving office.
(7) Section 7. Manner of Reporting.
Statements of economic interests shall be made on forms prescribed by the Fair Political Practices Commission and supplied by the agency, and shall contain the following information:
(A) Investment and Real Property Disclosure.
When an investment or an interest in real property3is required to be reported,4the statement shall contain the following:
1. A statement of the nature of the investment or interest; 6 2. The name of the business entity in which each investment is held, and a general description of the business activity in which the business entity is engaged;
3. The address or other precise location of the real property;
4. A statement whether the fair market value of the investment or interest in real property equals or exceeds $2,000, exceeds $10,000, exceeds $100,000, or exceeds $1,000,000. (B) Personal Income Disclosure. When personal income is required to be reported,5the statement shall contain:
1. The name and address of each source of income aggregating $500 or more in value, or $50 or more in value if the income was a gift, and a general description of the business activity, if any, of each source;
2. A statement whether the aggregate value of income from each source, or in the case of a loan, the highest amount owed to each source, was $1,000 or less, greater than $1,000, greater than $10,000, or greater than $100,000;
3. A description of the consideration, if any, for which the income was received;
4. In the case of a gift, the name, address and business activity of the donor and any intermediary through which the gift was made; a description of the gift; the amount or value of the gift; and the date on which the gift was received;
5. In the case of a loan, the annual interest rate and the security, if any, given for the loan and the term of the loan.
(C) Business Entity Income Disclosure. When income of a business entity, including income of a sole proprietorship, is required to be reported,6the statement shall contain:
1. The name, address, and a general description of the business activity of the business entity;
7 2. The name of every person from whom the business entity received payments if the filer's pro rata share of gross receipts from such person was equal to or greater than $10,000. (D) Business Position Disclosure. When business positions are required to be reported, a designated employee shall list the name and address of each business entity in which the employee is a director, officer, partner, trustee, employee, or in which the employee holds any position of management, a description of the business activity in which the business entity is engaged, and the designated employee's position with the business entity. (E) Acquisition or Disposal During Reporting Period. In the case of an annual or leaving office statement, if an investment or an interest in real property was partially or wholly acquired or disposed of during the period covered by the statement, the statement shall contain the date of acquisition or disposal.
(8) Section 8. Prohibition on Receipt of Honoraria.
(A) No member of a state board or commission, and no designated employee of a state or local government agency, shall accept any honorarium from any source, if the member or employee would be required to report the receipt of income or gifts from that source on the member's or employee's statement of economic interests. (B) This section shall not apply to any part-time member of the governing board of any public institution of higher education, unless the member is also an elected official. (C) Subdivisions (a), (b), and (c) of Section 89501 shall apply to the prohibitions in this section.
(D) This section shall not limit or prohibit payments, advances, or reimbursements for travel and related lodging and subsistence authorized by Section 89506. (8.1) Section 8.1. Prohibition on Receipt of Gifts in Excess of $520. 8 (A) No member of a state board or commission, and no designated employee of a state or local government agency, shall accept gifts with a total value of more than $520 in a calendar year from any single source, if the member or employee would be required to report the receipt of income or gifts from that source on the member's or employee's statement of economic interests.
(B) This section shall not apply to any part-time member of the governing board of any public institution of higher education, unless the member is also an elected official. (C) Subdivisions (e), (f), and (g) of Section 89503 shall apply to the prohibitions in this section.
(8.2) Section 8.2. Loans to Public Officials.
(A) No elected officer of a state or local government agency shall, from the date of the election to office through the date that the officer vacates office, receive a personal loan from any officer, employee, member, or consultant of the state or local government agency in which the elected officer holds office or over which the elected officer's agency has direction and control.
(B) No public official who is exempt from the state civil service system pursuant to subdivisions (c), (d), (e), (f), and (g) of Section 4 of Article VII of the Constitution shall, while he or she holds office, receive a personal loan from any officer, employee, member, or consultant of the state or local government agency in which the public official holds office or over which the public official's agency has direction and control. This subdivision shall not apply to loans made to a public official whose duties are solely secretarial, clerical, or manual. (C) No elected officer of a state or local government agency shall, from the date of the election to office through the date that the officer vacates office, receive a personal loan from 9 any person who has a contract with the state or local government agency to which that elected officer has been elected or over which that elected officer's agency has direction and control.
This subdivision shall not apply to loans made by banks or other financial institutions or to any indebtedness created as part of a retail installment or credit card transaction, if the loan is made or the indebtedness created in the lender's regular course of business on terms available to members of the public without regard to the elected officer's official status. (D) No public official who is exempt from the state civil service system pursuant to subdivisions (c), (d), (e), (f), and (g) of Section 4 of Article VII of the Constitution shall, while the official holds office, receive a personal loan from any person who has a contract with the state or local government agency to which that elected officer has been elected or over which that elected officer's agency has direction and control. This subdivision shall not apply to loans made by banks or other financial institutions or to any indebtedness created as part of a retail installment or credit card transaction, if the loan is made or the indebtedness created in the lender's regular course of business on terms available to members of the public without regard to the elected officer's official status. This subdivision shall not apply to loans made to a public official whose duties are solely secretarial, clerical, or manual. (E) This section shall not apply to the following:
1. Loans made to the campaign committee of an elected officer or candidate for elective office.
2. Loans made by a public official's spouse, child, parent, grandparent, grandchild, brother, sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, or first cousin, or the spouse of any such persons, provided that the person making the loan is not acting as an agent or intermediary for any person not otherwise exempted under this section. 10 3. Loans from a person which, in the aggregate, do not exceed $500 at any given time.
4. Loans made, or offered in writing, before January 1, 1998. (8.3) Section 8.3. Loan Terms.
(A) Except as set forth in subdivision (B), no elected officer of a state or local government agency shall, from the date of the officer's election to office through the date the officer vacates office, receive a personal loan of $500 or more, except when the loan is in writing and clearly states the terms of the loan, including the parties to the loan agreement, date of the loan, amount of the loan, term of the loan, date or dates when payments shall be due on the loan and the amount of the payments, and the rate of interest paid on the loan. (B) This section shall not apply to the following types of loans:
1. Loans made to the campaign committee of the elected officer.
2. Loans made to the elected officer by his or her spouse, child, parent, grandparent, grandchild, brother, sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, or first cousin, or the spouse of any such person, provided that the person making the loan is not acting as an agent or intermediary for any person not otherwise exempted under this section.
3. Loans made, or offered in writing, before January 1, 1998. (C) Nothing in this section shall exempt any person from any other provision of Title 9 of the Government Code.
(8.4) Section 8.4. Personal Loans.
(A) Except as set forth in subdivision (B), a personal loan received by any designated employee shall become a gift to the designated employee for the purposes of this section in the following circumstances:
11 1. If the loan has a defined date or dates for repayment, when the statute of limitations for filing an action for default has expired.
2. If the loan has no defined date or dates for repayment, when one year has elapsed from the later of the following:
a. The date the loan was made.
b. The date the last payment of $100 or more was made on the loan. c. The date upon which the debtor has made payments on the loan aggregating to less than $250 during the previous 12 months.
(B) This section shall not apply to the following types of loans:
1. A loan made to the campaign committee of an elected officer or a candidate for elective office.
2. A loan that would otherwise not be a gift as defined in this title.
3. A loan that would otherwise be a gift as set forth under subdivision (A), but on which the creditor has taken reasonable action to collect the balance due.
4. A loan that would otherwise be a gift as set forth under subdivision (A), but on which the creditor, based on reasonable business considerations, has not undertaken collection action.
Except in a criminal action, a creditor who claims that a loan is not a gift on the basis of this paragraph has the burden of proving that the decision for not taking collection action was based on reasonable business considerations.
5. A loan made to a debtor who has filed for bankruptcy and the loan is ultimately discharged in bankruptcy.
(C) Nothing in this section shall exempt any person from any other provisions of Title 9 of the Government Code.
12 (9) Section 9. Disqualification.
No designated employee shall make, participate in making, or in any way attempt to use the employee's official position to influence the making of any governmental decision which the employee knows or has reason to know will have a reasonably foreseeable material financial effect, distinguishable from its effect on the public generally, on the official or a member of the official's immediate family or on:
(A) Any business entity in which the designated employee has a direct or indirect investment worth $2,000 or more;
(B) Any real property in which the designated employee has a direct or indirect interest worth $2,000 or more;
(C) Any source of income, other than gifts and other than loans by a commercial lending institution in the regular course of business on terms available to the public without regard to official status, aggregating $500 or more in value provided to, received by or promised to the designated employee within 12 months prior to the time when the decision is made; (D) Any business entity in which the designated employee is a director, officer, partner, trustee, employee, or holds any position of management; or (E) Any donor of, or any intermediary or agent for a donor of, a gift or gifts aggregating $500 or more provided to, received by, or promised to the designated employee within 12 months prior to the time when the decision is made.
(9.3) Section 9.3. Legally Required Participation.
No designated employee shall be prevented from making or participating in the making of any decision to the extent the employee's participation is legally required for the decision to be made. 13 The fact that the vote of a designated employee who is on a voting body is needed to break a tie does not make the employees' participation legally required for purposes of this section. (9.5) Section 9.5. Disqualification of State Officers and Employees.
In addition to the general disqualification provisions of section 9, no state administrative official shall make, participate in making, or use the official's position to influence any governmental decision directly relating to any contract where the state administrative official knows or has reason to know that any party to the contract is a person with whom the state administrative official, or any member of the official's immediate family has, within 12 months prior to the time when the official action is to be taken:
(A) Engaged in a business transaction or transactions on terms not available to members of the public, regarding any investment or interest in real property; or (B) Engaged in a business transaction or transactions on terms not available to members of the public regarding the rendering of goods or services totaling in value $1,000 or more. (10) Section 10. Disclosure of Disqualifying Interest.
When a designated employee determines that the employee should not make a governmental decision because the employee has a disqualifying interest in it, the determination not to act may be accompanied by disclosure of the disqualifying interest. (11) Section 11. Assistance of the Commission and Counsel.
Any designated employee who is unsure of the duties under this code may request assistance from the Fair Political Practices Commission pursuant to Section 83114 and Regulations 18329 and 18329.5 or from the attorney for the employee's agency, provided that nothing in this section requires the attorney for the agency to issue any formal or informal opinion. (12) Section 12. Violations.
14 This code has the force and effect of law. Designated employees violating any provision of this code are subject to the administrative, criminal and civil sanctions provided in the Political Reform Act, Sections 81000-91014. In addition, a decision in relation to which a violation of the disqualification provisions of this code or of Section 87100 or 87450 has occurred may be set aside as void pursuant to Section 91003.
____________________
1 Designated employees who are required to file statements of economic interests under any other agency's conflict of interest code, or under article 2 for a different jurisdiction, may expand their statement of economic interests to cover reportable interests in both jurisdictions, and file copies of this expanded statement with both entities in lieu of filing separate and distinct statements, provided that each copy of such expanded statement filed in place of an original is signed and verified by the designated employee as if it were an original. See Section 81004. 2 See Section 81010 and Regulation 18115 for the duties of filing officers and persons in agencies who make and retain copies of statements and forward the originals to the filing officer. 3 For the purpose of disclosure only (not disqualification), an interest in real property does not include the principal residence of the filer.
4 Investments and interests in real property which have a fair market value of less than $2,000 are not investments and interests in real property within the meaning of the Political Reform Act.
However, investments or interests in real property of an individual include those held by the individual's spouse and dependent children as well as a pro rata share of any investment or interest in real property of any business entity or trust in which the individual, spouse and dependent children own, in the aggregate, a direct, indirect or beneficial interest of 10 percent or greater.
15 5 A designated employee's income includes the employee's community property interest in the income of the employee's spouse but does not include salary or reimbursement for expenses received from a state, local or federal government agency. 6 Income of a business entity is reportable if the direct, indirect or beneficial interest of the filer and the filer's spouse in the business entity aggregates a 10 percent or greater interest. In addition, the disclosure of persons who are clients or customers of a business entity is required only if the clients or customers are within one of the disclosure categories of the filer.
Note: Authority cited: Section 83112, Government Code. Reference: Sections 87103(e), 87300- 87302, 89501, 89502 and 89503, Government Code.
HISTORY
1. New section filed 4-2-80 as an emergency; effective upon filing (Register 80, No. 14).
Certificate of Compliance included.
2. Editorial correction (Register 80, No. 29).
3. Amendment of subsection (b) filed 1-9-81; effective thirtieth day thereafter (Register 81, No. 2).
4. Amendment of subsection (b)(7)(B)1. filed 1-26-83; effective thirtieth day thereafter (Register 83, No. 5).
5. Amendment of subsection (b)(7)(A) filed 11-10-83; effective thirtieth day thereafter (Register 83, No. 46).
6. Amendment filed 4-13-87; operative 5-13-87 (Register 87, No. 16).
7. Amendment of subsection (b) filed 10-21-88; operative 11-20-88 (Register 88, No. 46).
8. Amendment of subsections (b)(8)(A) and (b)(8)(B) and numerous editorial changes filed 8-28- 90; operative 9-27-90 (Reg. 90, No. 42).
16 9. Amendment of subsections (b)(3), (b)(8) and renumbering of following subsections and amendment of Note filed 8-7-92; operative 9-7-92 (Register 92, No. 32).
10. Amendment of subsection (b)(5.5) and new subsections (b)(5.5)(A)-(A)(2) filed 2-4-93; operative 2-4-93 (Register 93, No. 6).
11. Change without regulatory effect adopting Conflict of Interest Code for California Mental Health Planning Council filed 11-22-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 48). Approved by Fair Political Practices Commission 9-21-93.
12. Change without regulatory effect redesignating Conflict of Interest Code for California Mental Health Planning Council as chapter 62, section 55100 filed 1-4-94 pursuant to title 1, section 100, California Code of Regulations (Register 94, No. 1).
13. Editorial correction adding History 11 and 12 and deleting duplicate section number (Register 94, No. 17).
14. Amendment of subsection (b)(8), designation of subsection (b)(8)(A), new subsection (b)(8)(B), and amendment of subsections (b)(8.1)-(b)(8.1)(B), (b)(9)(E) and Note filed 3-14-95; operative 3-14-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 11).
15. Editorial correction inserting inadvertently omitted language in footnote 4 (Register 96, No. 13).
16. Amendment of subsections (b)(8)(A)-(B) and (b)(8.1)(A), repealer of subsection (b)(8.1)(B), and amendment of subsection (b)(12) filed 10-23-96; operative 10-23-96 pursuant to Government Code section 11343.4(d) (Register 96, No. 43).
17. Amendment of subsections (b)(8.1) and (9)(E) filed 4-9-97; operative 4-9-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 15). 17 18. Amendment of subsections (b)(7)(B)5., new subsections (b)(8.2)-(b)(8.4)(C) and amendment of Note filed 8-24-98; operative 8-24-98 pursuant to Government Code section 11343.4(d) (Register 98, No. 35).
19. Editorial correction of subsection (a) (Register 98, No. 47).
20. Amendment of subsections (b)(8.1), (b)(8.1)(A) and (b)(9)(E) filed 5-11-99; operative 5-11- 99 pursuant to Government Code section 11343.4(d) (Register 99, No. 20).
21. Amendment of subsections (b)(8.1)-(b)(8.1)(A) and (b)(9)(E) filed 12-6-2000; operative 1-1- 2001 pursuant to the 1974 version of Government Code section 11380.2 and Title 2, California Code of Regulations, section 18312(d) and (e) (Register 2000, No. 49).
22. Amendment of subsections (b)(3) and (b)(10) filed 1-10-2001; operative 2-1-2001.
Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2001, No. 2).
23. Amendment of subsections (b)(7)(A)4., (b)(7)(B)1.-2., (b)(8.2)(E)3., (b)(9)(A)-(C) and footnote 4. filed 2-13-2001. Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2001, No. 7).
24. Amendment of subsections (b)(8.1)-(b)(8.1)(A) filed 1-16-2003; operative 1-1-2003.
Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, 18 nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2003, No. 3).
25. Editorial correction of History 24 (Register 2003, No. 12).
26. Editorial correction removing extraneous phrase in subsection (b)(9.5)(B) (Register 2004, No. 33).
27. Amendment of subsections (b)(2)-(3), (b)(3)(C), (b)(6)(C), (b)(8.1)-(b)(8.1)(A), (b)(9)(E) and (b)(11)-(12) filed 1-4-2005; operative 1-1-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 1).
28. Amendment of subsection (b)(7)(A)4. filed 10-11-2005; operative 11-10-2005 (Register 2005, No. 41).
29. Amendment of subsections (a), (b)(1), (b)(3), (b)(8.1), (b)(8.1)(A) and (b)(9)(E) filed 12-18- 2006; operative 1-1-2007. Submitted to OAL pursuant to Fair Political Practices Commission v.
Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2006, No. 51).
30. Amendment of subsections (b)(8.1)-(b)(8.1)(A) and (b)(9)(E) filed 10-31-2008; operative 11- 30-2008. Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2008, No. 44).
31. Amendment of section heading and section filed 11-15-2010; operative 12-15-2010.
Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of 19 Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2010, No. 47).
32. Amendment of section heading and subsections (a)-(b)(1), (b)(3)-(4), (b)(5)(C), (b)(8.1)- (b)(8.1)(A) and (b)(9)(E) and amendment of footnote 1 filed 1-8-2013; operative 2-7-2013.
Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2013, No. 2).
33. Amendment of subsections (b)(8.1)-(b)(8.1)(A), (b)(8.2)(E)3. and (b)(9)(E) filed 12-15-2014; operative 1-1-2015 pursuant to section 18312(e)(1)(A), title 2, California Code of Regulations.
Submitted to OAL for filing and printing pursuant to Fair Political Practices Commission v.
Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2014, No. 51).
34. Redesignation of portions of subsection (b)(8)(A) as new subsections (b)(8)(B)-(D), amendment of subsections (b)(8.1)-(b)(8.1)(A), redesignation of portions of subsection (b)(8.1)(A) as new subsections (b)(8.1)(B)-(C) and amendment of subsection (b)(9)(E) filed 12- 1-2016; operative 12-31-2016 pursuant to Cal. Code Regs. tit. 2, section 18312(e). Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, 20 April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2016, No. 49).
35. Amendment of subsections (b)(8.1)-(b)(8.1)(A) and (b)(9)(E) filed 12-12-2018; operative 1- 11-2019 pursuant to Cal. Code Regs., tit. 2, section 18312(e). Submitted to OAL for filing and printing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2018, No. 50).
36. Amendment of subsections (b)(8.1)-(8.1)(A) filed 12-23-2020; operative 1-1-2021 pursuant to Cal. Code Regs., tit. 2, section 18312(e). Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2020, No. 52).
37. Amendment of subsections (b)(3)(C), (b)(5)(C), (b)(5.5), (b)(5.5)(A)(2), (b)(7)(D), (b)(8)(A), (b)(8.1)(A), (b)(8.2)(A), (b)(8.2)(C)-(D), (b)(8.3)(A), (b)(9), (b)(9.3), (b)(9.5), (b)(10) and (b)(11) and footnote 5 filed 5-12-2021; operative 6-11-2021 pursuant to Cal. Code Regs., tit. 2, section 18312(e). Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 21 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2021, No. 20).
APPENDIX 1
List of Designated Employee Positions
Position Disclosure Categories
Accountant 2
Assistant City Attorney 1
Assistant Engineer 1
Assistant City Manager 1
Assistant Planner 2
Associate Engineer 2
*Associate Planner 2*
Building Official 1
City Clerk 1
Designated Consultants** 1
Deputy Director of Public Works/City Engineer 1
Deputy Director of Public Works 1
Director of Community Development 1
Director of Public Works 1
Fleet Maintenance Program Manager 2
Finance Manager 1
Maintenance Services Supervisor 2
Marine Safety/ Lifeguard Chief 1
Marine Safety/ Lifeguard Lieutenant 1
*Planning Manager 1*
Police Chief 1
Recreation Manager 2
Senior Planner 2, 4
Senior Account Technician 3
Water Services Supervisor 2
*New Positions 1
Historic Preservation Committee 4
Recreation and Parks Commission 1
Police Captain 1
Police Lieutenant 1
Financial Analyst 2, 3, 4
The following positions are required to file Category 1 – Broad Responsibilities pursuant to Government Code Section 87200:
City Attorney
City Council Members
City Manager
Director of Finance / City Treasurer
Planning Commissioners
*Individuals who are either (1) serve in a newly created or (2) provide services as a “consultant” as defined in Regulation 18700.3, that make or participate in the decision making that may foreseeably have a material effect on any financial interest shall disclose pursuant to the broadest discloser in this code subject to the following:
The City Manager may determine that, due to the range of duties or contractual obligations, it is more appropriate to assign a limited disclosure requirement. A clear explanation of duties and a statement of the extent of the disclosure requirements must be in a written public document (see Appendix). ** Consultants who fit into one or more of the following categories shall be included in the list of designated employees as “Designated Consultants”:
A. Consultants who make (not just recommend) governmental decisions, such as whether to approve a rate, rule, or regulation, whether to issue, deny, suspend, or revoke any permit, license, application, certificate or similar authorization, adopt or grant City approval to a plan, design, report, study, or adopt or grant City approval of policies, standards, or guidelines for the City or any subdivision thereof.
B. Consultants who serve in a staff capacity with the City, and in that capacity participate in making a governmental decision by providing information, an opinion, or a recommendation for the purpose of affecting the decision without significant intervening substantive review.
C. Consultants who perform the same or substantially all the same duties for the City that would otherwise be performed by an individual holding a designated position in the City’s Conflict of Interest Code.
When the Designated Consultant is a corporation, partnership, or limited liability company, only individuals who fit into one of the three categories of “Designated Consultants” described above must file disclosure statements.
For Designated Consultants who serve in a staff capacity with the City (Category B, described above), the consultant shall disclose based on the disclosure categories assigned elsewhere in this code for that staff position.
For other Designated Consultants who do not serve in a staff capacity for the City (Categories A and C, described above), the following disclosure categories shall be used:
Persons required to disclose in this category shall disclose pursuant to Category 1 below unless the City Manager determines in writing that a particular consultant is hired to perform a range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirements in Category 1. Such written determination shall include a description of the consultant's duties and, based upon that description, a statement of the extent of disclosure requirements. A clear explanation of duties and a statement of the extent of the disclosure requirements must be in a written public document (see Appendix).
*Bold Titles added to List of Designated Employee Positions APPENDIX 2
Disclosure Categories
Category 1 – Broad Responsibilities – Full Disclosure
Persons in this category shall disclose all investments, business positions, and income, including loans and gifts, from sources located in or doing business in the jurisdiction. Persons in this category shall also report interests in real property located in the jurisdiction, including property located within a two-mile radius of any property owned or used by the City.
Category 2 – Contracting or Purchasing Responsibilities Persons in this category shall disclose investments and business positions in business entities, and sources of income, including loans and gifts, which provide services, supplies, materials, machinery, or equipment of the type utilized by the City.
Category 3 – Regulatory Power
Persons in this category shall disclose investments and business positions in business entities, and sources of income, including loans and gifts, which are subject to the regulatory, permit, or licensing authority of the City.
Category 4 – Decision-Making Authority Affecting Real Property Persons in this category shall disclose investments and business positions in business entities, and sources of income, including loans and gifts, which engage in land development, construction, or acquisition or sale of real properly, and all interests in real property located within the jurisdiction, including property located within a two-mile radius of any property owned or used by the City.
Agenda Item I
AGENDA STAFF REPORT
DATE: October 24, 2022
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Philip L. Gonshak, Chief of Police
SUBJECT: Homeland Security Grant Program Agreement for Transfer or Purchase of Equipment and Services or for
Reimbursement of Operation Costs for Fiscal Year 2021
Operation Stonegarden
________________________________________________________________ SUMMARY OF REQUEST:
That the City Council adopt Resolution 7344 authorizing the City Manager to execute an agreement on the City’s behalf for transfer or purchase of equipment and services or for reimbursement of operating costs for Fiscal Year 2021 Operation Stonegarden (OPSG) Homeland Security Grant Program to take any further actions necessary for the purpose of obtaining federal financial assistance provided by the Department of Homeland Security – Federal Emergency Management Agency (FEMA) and sub-granted through the San Diego Sheriff’s Department.
BACKGROUND AND ANALYSIS:
The Department of Homeland Security (DHS) Appropriations Act 2010, via the Homeland Security Grant Program, has allocated funds for use by local units of government to increase coordination and enforcement capabilities in support of DHS goals including those outlined in the Border Patrol National Strategy. As law enforcement partnerships between federal, state, and local entities are critical to improving operational control of the border, the City of Seal Beach is eligible to receive financial assistance in the form of reimbursement for equipment purchases, maintenance costs, overtime, and management and administration costs incurred, through San Diego Sheriff’s Department sub-grants from the State of California.
During the most recent OPSG grant cycle, Seal Beach Police Department applied for and was awarded funding to provide increased law enforcement patrols and special operations throughout the 1.5 miles of coastline, coastal access points, and flood control access points in the jurisdiction of Seal Beach in an effort to reduce smuggling and marine interdiction related crimes. Additionally, funding was also awarded to purchase Automated License Plate Reader (ALPR) cameras to be
placed at high traffic areas along the coastline. The special operations and ALPR cameras will show high levels of law enforcement presence and serve as a criminal deterrent to help maintain coastal borders, and can lead to drug and vehicle seizures, as well as arrests.
ENVIRONMENTAL IMPACT:
There is no environmental impact related to this item.
LEGAL ANALYSIS:
No legal analysis is required for this item.
FINANCIAL IMPACT:
The City of Seal Beach may receive OPSG grant funds in the form of training, equipment, or support. The designated funding for Seal Beach Police Department from the current OPSG cycle is $103,800, to be used as follows:
Operational Overtime: $29,571
Fringe Benefits: $429
New/Replace Equipment: $73,800
STRATEGIC PLAN:
This item is not applicable to the Strategic Plan.
RECOMMENDATION:
That the City Council adopt Resolution 7344 authorizing the City Manager to execute an agreement on the City’s behalf for transfer or purchase of equipment and services or for reimbursement of operating costs for Fiscal Year 2021 Operation Stonegarden (OPSG) Homeland Security Grant Program to take any further actions necessary for the purpose of obtaining federal financial assistance provided by the Department of Homeland Security - Federal Emergency Management Agency (FEMA) and sub-granted through the San Diego Sheriff’s Department.
SUBMITTED BY: NOTED AND APPROVED:
Philip Gonshak Jill R. Ingram
Philip L. Gonshak, Chief of
Police
Jill R. Ingram, City Manager
Prepared by: Sergeant Brian Gray
ATTACHMENTS:
A. Resolution 7344
B. 2021 Operation Stonegarden Memorandum of Agreement
C. FY 2021 Operation Stonegarden Standard Assurances
D. Certificate Regarding Lobbying
RESOLUTION 7344
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
APPROVING AND AUTHORIZING THE CITY MANAGER TO
EXECUTE THE SUB-AWARD AGREEMENT BETWEEN THE
CITIES OF SEAL BEACH AND SAN DIEGO SHERIFF
DEPARTMENT FOR THE FY 2021 OPERATION STONEGARDEN
GRANT PROGRAM
WHEREAS, the Department of Homeland Security Appropriations Act provides funding to address the needs of improving operational control of the border through increased coordination and enforcement capabilities through Operation Stonegarden (OPSG); and,
WHEREAS, the Seal Beach Police Department is eligible to receive financial assistance in the form of reimbursement for equipment, maintenance costs, overtime, and management and administration costs incurred, through Homeland Security sub-grants from the San Diego Sheriff’s Department.
NOW, THEREFORE, THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE:
Section 1. The City Council approves the Agreement for transfer or purchase of equipment and services or for reimbursement of costs for FY 2021 OPSG Grant Program Purposes.
Section 2. The City Council hereby authorizes the City Manager and/or the Chief of Police to execute the Agreement and any other documents necessary to receive and use the grant funds.
Section 3. The City Clerk shall certify to the passage and adoption of this resolution.
PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 24th day of October, 2022 by the following vote:
AYES: Council Members
NOES: Council Members
ABSENT: Council Members
ABSTAIN: Council Members
Joe Kalmick, Mayor
ATTEST:
Gloria D. Harper, City Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Gloria D. Harper, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution 7344 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 24th day of October, 2022.
Gloria D. Harper, City Clerk
1 AGREEMENT FOR
FISCAL YEAR 2021
OPERATION STONEGARDEN (OPSG)
1. PARTIES TO THE AGREEMENT
This Agreement is between the COUNTY OF SAN DIEGO (COUNTY), the CITY OF
CHULA VISTA, CITY OF EL CAJON, CITY OF ESCONDIDO, CITY OF LA MESA, CITY OF OCEANSIDE, CITY OF SEAL BEACH, CITY OF HUNTINGTON BEACH (collectively the CITIES), SAN DIEGO UNIFIED PORT DISTRICT (SDUPD), SYCUAN BAND OF THE
KUMEYAAY NATION (SBKN), UNIVERSITY OF CALIFORNIA SAN DIEGO (UCSD),
COUNTY OF RIVERSIDE (RC), COUNTY OF ORANGE (OC), COUNTY OF LOS
ANGELES (LAC), COUNTY OF SAN LUIS OBISPO (SLOC), COUNTY OF SANTA
BARBARA (SBC), COUNTY OF VENTURA (VC), COUNTY OF MONTEREY (MC),
COUNTY OF SAN MATEO (SMC), CALIFORNIA HIGHWAY PATROL (CHP), DEPARTMENT OF FISH AND WILDLIFE (DFW), and the CALIFORNIA DEPARTMENT OF PARKS AND RECREATION (DPR), each a PARTY and collectively the PARTIES, for support of the Operation Stonegarden (OPSG) program.
1.1 Party Departments or Agencies Participating In The Agreement
1.1.1 For the COUNTY, participating agency is the Sheriff's Department (SHERIFF).
1.1.2 For the CITIES, SDUPD, SBKN, and UCSD, participating agencies are their respective police department.
1.1.3 For RC, OC, LAC, SLOC, SBC, VC, MC, and SMC participating agencies are their respective Sheriff's department.
1.1.4 CHP, DFW, and DPR do not have subordinate agencies or department participants.
2. RECITALS
2.1 WHEREAS, COUNTY through SHERIFF applied for, and was awarded grant funds from the U. S. Department of Homeland Security (DHS) passed through the California Governor's Office of Emergency Services (Cal OES), under the Fiscal Year (FY) 2021 Operation Stonegarden (OPSG) grant program. As an applicant for the San Diego Border Patrol Sector, SHERIFF shall be the lead agency to manage the OPSG program.
2.2 WHEREAS, funds shall be used to support the OPSG program to enhance law enforcement preparedness and operational readiness along the land and water borders of the United States.
2 2.3 WHEREAS, Government Code § 55632 authorizes COUNTY and PARTIES to contract for provision of joint law enforcement services.
2.4 WHEREAS, PARTIES desire to enter into an agreement with provisions concerning the nature and extent of OPSG collaboration, services rendered, and compensation.
2.5 WHEREAS, COUNTY, by action of the Board of Supervisors Minute Order No. 24 on June 28, 2022, approved the appropriation and use of FY 2021 OPSG funds to reimburse PARTIES for program related overtime and fringe benefits; equipment purchases and maintenance costs; fuel; mileage; flight; and management and administration costs incurred not to exceed the amounts described in Exhibit A – FY 2021 OPSG Budget Worksheet in paragraph 2.9 (a), during the period of performance (POP) September 1, 2021 through May 31, 2024 but, the operational project period for PARTIES shall be the date of FEMA's approval, July 18, 2022 through February 29, 2024.
2.6 WHEREAS, PARTIES shall retain documentation supporting all expenditures reimbursed from OPSG grant funds, ensure all expenditures are allowable under grant requirements, adhere to the federal procurement standards found in Title 2 of the Code of Federal Regulations, Part 200, Subpart D, Section § 200.317-§ 200.327, and comply with the Single Audit Act Amendments of 1996 and Title 2 of the Code of Federal Regulations, Part 200, Subpart F - Audit Requirements regarding organization-wide financial and compliance audit reports if $750,000 or more of OPSG federal funds are expended in a fiscal year.
2.6.1 Documentation shall be retained in accordance with the FEMA Preparedness Grants Manual and other OPSG grant requirements and shall be available for audit and inspection.
2.7 WHEREAS, PARTIES agree that this Agreement does not provide Federal authority to PARTIES to enforce immigration laws (Title 8 USC).
2.8 WHEREAS, PARTIES acknowledge the following information for the OPSG grant program:
(a) Federal Grantor Agency: U. S. Department of Homeland Security (DHS) (b) Administrative Authority: Federal Emergency Management Agency (FEMA) (c) Operational Oversight: U. S. Customs and Border Protection (CBP) (d) State Administrative Agency (SAA) or Pass-Through Agency: California Governor's Office of Emergency Services (Cal OES)
(e) Program Title: Homeland Security Grant Program (HSGP) Operation Stonegarden (OPSG)
(f) Grant Identification Number: 2021-0081
(g) Federal CFDA Number: 97.067
3 2.9 WHEREAS, PARTIES agree and shall utilize and adhere to the Exhibits attached hereto and/or available using the referenced link:
(a) Exhibit A – FY 2021 OPSG Budget Worksheet
(b) Exhibit B – FY 2021 OPSG Standard Assurances
(c) Exhibit C – FY 2021 OPSG – Byrd Anti-Lobbying Certification Form (d) Exhibit D – FY 2021 OPSG Operations Order
(e) Exhibit E – Title 2 of the Code of Federal Regulations Part 200, (f) Exhibit F – Federal Contract Provisions
(language to be developed and incorporated within a contract) (g) Exhibit G - FY 2021 Homeland Security Grant Program (HSGP) Notice of Funding Opportunity (NOFO)
(h) Exhibit H - FY 2021 Homeland Security Grant Program (HSGP) California Supplement to the Federal Notice of Funding Opportunity (NOFO) (i) Exhibit I – FEMA Preparedness Grants Manual
Nothing in the Exhibits above shall limit the requirements of this Agreement.
NOW THEREFORE, for valuable consideration, the receipt and sufficiency of which is hereby acknowledged, PARTIES jointly intend that COUNTY will reimburse, and PARTIES will provide, a level of OPSG services as set forth in this Agreement.
3. PURPOSE AND INTENT
The purpose of this Agreement is to satisfy the OPSG grant program proposal awarded by the DHS and passed through to Cal OES, under the FY 2021 Operation Stonegarden grant program.
4. SCOPE OF SERVICES
4.1 Method of Service Delivery
SHERIFF shall manage the OPSG grant program, oversee the funding allocation of PARTIES, and be administratively responsible for coordination of PARTIES' obligations under this Agreement. SHERIFF's OPSG grant program team will be staffed as described in paragraph 6. STANDARDS OF SERVICE: OBLIGATIONS OF THE PARTIES.
4.2 Overview of Basic Services
PARTIES shall perform OPSG Operations ("Operations") by increasing law enforcement presence in each PARTY's designated jurisdiction and in coordination with other OPSG partner agencies to support the U. S. Customs and Border Protection (CBP) efforts to improve border security in the region. PARTIES shall enforce local and state laws within their designated jurisdiction subject to the California Values Act (SB 54; Chapter 495) and shall not enforce or aid in the enforcement of immigration laws on behalf of U. S.
Customs and Border Protection (CBP) and U. S. Border Patrol (BP). This Agreement does not provide Federal authority to PARTIES to enforce immigration laws (Title 8 USC). 4 5. TERM OF AGREEMENT
The OPSG grant program period of performance (POP) is September 1, 2021 through May 31, 2024, but the operational project period for PARTIES shall be the date of FEMA's approval, July 18, 2022 through February 29, 2024.
5.1 Initial Term
The term of this Agreement shall be retroactive to 12:01 a.m. on July 18, 2022 and shall continue in effect through and terminate at midnight on May 31, 2024; subject to the termination provision in paragraph 5.3.
5.2 Option to Extend
Renewal or extension of the Agreement beyond May 31, 2024 shall be subject to remaining grant funds and to a time extension approved by Cal OES. PARTIES that choose not to renew shall terminate its participation at the end of the term of this Agreement.
5.3 Termination
Subject to the applicable provisions of state law, each PARTY may terminate its participation in this Agreement upon ninety (90) days minimum written notice to the other PARTIES.
5.3.1 A PARTY may terminate its participation in this Agreement immediately upon written notice to the other PARTIES in the event it becomes ineligible to receive grant funds under this Agreement.
5.3.2 As the lead agency, SHERIFF, with approval from FEMA, CBP, and/or Cal OES as needed, may require the termination of a PARTY's participation if it is determined that the PARTY has violated the provisions of this Agreement, including failure to provide the Anticipated Outcome set forth in section 6.3.
6. STANDARDS OF SERVICE: OBLIGATIONS OF THE PARTIES
6.1 Suspension and Debarment
SHERIFF will request, and PARTIES shall provide a copy of the SAM.gov report for their agency which shows their Active and Inactive Exclusions. Any PARTY with Active Exclusions at the onset of, or any time during, the term of this Agreement is not eligible to participate as set forth in Executive Orders 12549 and 12689, 2 CFR 200.214, and codified in 2 CFR Part 180, and shall terminate its participation in this Agreement as provided for in paragraph 5.3 Termination.
6.2 Byrd Anti-Lobbying Amendment
PARTIES that receive an award greater than $100,000 shall certify to SHERIFF on the Byrd Anti-Lobbying Certification Form attached hereto as Exhibit C, that it will not and has not used federally appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, officer or employee of Congress, or an employee of a Member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each 5 PARTY shall also disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from agency to agency up to the recipient who in turn will forward the certifications to the federal awarding agency.
6.3 Anticipated Outcome
The anticipated outcome of Operations to be performed by PARTIES under this Agreement is increased law enforcement presence in each PARTY's designated jurisdiction to support U. S. DHS and U. S. CBP efforts in the region to improve border security and reduce border related crime. The anticipated outcome will be reached by achieving the goals and accomplishing the missions set forth below by PARTIES and in Exhibit D – FY 2021 OPSG Operations Order.
6.3.1 PARTIES shall provide enhanced enforcement by increasing patrol presence in proximity to the border and/or routes of ingress from the border, including the water borders. In addition, PARTIES shall utilize their unique investigatory areas of expertise in operations.
6.3.2 Increased intelligence/information sharing among PARTIES, including but not limited to:
(a) Conducting bi-monthly meetings with a minimum of one representative from each PARTY.
(b) Increasing information sharing during operations.
6.3.3 Prior to Operations, PARTIES' Designated Operations Coordinator, in paragraph 6.4.3, shall submit an operational plan and schedule to the Integrated Planning Team (IPT) at least 72 hours prior to the operation.
6.3.3.1 The IPT is comprised of SHERIFF and CBP sworn personnel.
6.3.3.2 The role of the IPT is to provide support and guidance to the local, state, and federal law enforcement stakeholders within the grant.
6.3.4 Within 48 hours following the conclusion of each Operation:
6.3.4.1 Each PARTY shall complete a Daily Activity Report (DAR) form in Excel format, which will be submitted as supporting documentation for any reimbursement request. Information entered in the Narrative section of the DAR form shall include statistical data and report from Field Interviews (FIs), Arrest Reports, and/or Citations.
6.3.4.2 PARTIES' Designated Operations Coordinator in paragraph 6.4.3, or designee, shall enter and submit the same DAR information directly into DHS's Homeland Security Information Network (HSIN).
6 6.3.4.3 PARTIES' Designated Operations Coordinator or designee shall ensure DAR information entered in HSIN is correct and shall make necessary corrections until it is processed for approval.
6.4 Personnel Qualifications and Assignment
6.4.1 Qualifications
Each PARTY shall ensure that personnel assigned to perform Operations pursuant to this Agreement meet the minimum qualifications for their specific classification.
6.4.2 Management, Direction, and Supervision; Independent Contractors The hiring, firing, management, direction, and supervision of each PARTY's personnel, the standards of performance, the discipline of each PARTY's personnel, and all other matters incident to the performance of such services, shall be performed by and be the responsibility of each PARTY in each PARTY's sole but reasonable judgment and in accord with the provisions of applicable labor agreements. Each PARTY shall be the appointing authority for all its personnel provided to OPSG by this Agreement. PARTIES shall have no liability for any direct payment of salary, wages, indemnity, or other compensation or benefit to any other PARTY's personnel.
Each PARTY and its respective officers, agents, and employees are independent contractors and are not officers, agents, and employees of any other PARTY. Each PARTY's personnel are under the direct and exclusive supervision of that PARTY, and each PARTY assumes full responsibility for the performance of its own personnel in connection with this Agreement. No PARTY has the authority to bind any other PARTY.
6.4.3 Designated Operations Coordinators
SHERIFF shall select a Designated Operations Coordinator, at the rank of Sheriff's Lieutenant or higher, who shall manage and direct OPSG operations. All other PARTIES shall select a Designated Operations Coordinator for their respective agency under this Agreement. The Designated Operations Coordinator for each PARTY shall serve as their agency contact and shall implement, as needed, appropriate procedures governing the performance of all requirements under this Agreement and shall be responsible for meeting and conferring in good faith to address any disputes which may arise concerning implementation of this Agreement.
6.4.4 Staffing for Basic Services
PARTIES shall ensure that adequate numbers of their qualified respective personnel are always provided to Operations during the term of this Agreement to meet the Basic Services, Scope of Services, and Standards of Service commitments set forth herein.
7 6.4.5 Equipment and Supplies
COUNTY will provide SHERIFF OPSG personnel with all supplies and/or prescribed safety gear, body armor, and/or standard issue equipment necessary to perform Operations. Similarly, all other PARTIES will provide their respective OPSG personnel with all supplies and/or prescribed safety gear, body armor, and/or standard issue equipment necessary to perform Operations unless otherwise specified in Exhibit D- FY 2021 OPSG Operations Order.
6.4.5.1 PARTIES are responsible for the procurement of their own equipment to be used in Operations.
6.4.5.2 PARTIES shall maintain an inventory list of all equipment purchased with OPSG funds and when practicable, equipment shall be labeled with:
"Purchased with funds provided by the U. S. Department of Homeland Security".
7. COST OF SERVICES/CONSIDERATION
7.1 General
7.1.1 As full consideration for the satisfactory performance and completion by PARTIES of Operations set forth in this Agreement, COUNTY shall reimburse PARTIES for personnel assigned to perform Operations based on claims and submittals as set forth hereunder. Such payments by COUNTY are dependent on the continued availability of funds from the DHS passed through the Cal OES.
7.1.2 PARTIES agree that awarded funds identified as allowable costs, as set forth in Exhibit G – FY 2021 Homeland Security Grant Program Notice of Funding Opportunity (HSGP NOFO), shall be expended only for approved Operations operating expenses and equipment as detailed in Exhibit A – FY 2021 OPSG Budget Worksheet, and that unallowable costs are not reimbursable as set forth in Exhibit G – FY 2021 HSGP NOFO.
7.1.3 No reimbursement shall be made to a PARTY during any period within which that PARTY is in default on filing any informational or financial reports required by SHERIFF. SHERIFF shall make any necessary adjustments to PARTY claims to correct for overpayments, underpayments, or disallowances.
7.2 Project Costs/Rate of Compensation
SHERIFF shall reimburse PARTIES for overtime worked by personnel assigned to perform Operations and shall reimburse for costs approved in Exhibit D – FY 2021 OPSG Operations Order, based upon available funding and the actual costs incurred by PARTIES to provide Operations.
7.3 Reimbursement Method
PARTIES shall submit to SHERIFF, accurate and complete reimbursement forms, labor reports, timesheets, DARs, equipment and equipment maintenance invoices, 8 procurement documents, purchase orders and/or contracts, and proof of payment, that represent amounts to be reimbursed under this Agreement within ninety (90) days from the date when expenditure was incurred. All requests for reimbursement shall be sent to:
San Diego County Sheriff's Department
O-41 Grants Unit (OPSG)
P. O. Box 939062
San Diego, CA 92193-9062
7.3.1 Reimbursement forms and invoices must have the signature of PARTY's Authorized Agent, certifying that the invoice and substantiating documentation, e.g., DARs, timesheets, payroll and labor reports, procurement documents, etc., are true and correct.
7.3.2 PARTIES shall provide payroll records for each person whose costs are reimbursable under this Agreement, to include, at a minimum, the person's name, classification, duty position, task, regular hourly rate, overtime hourly rate, overtime hours worked, date(s) overtime worked, and fringe benefit rate and cost.
7.3.2.1 PARTIES shall make available to SHERIFF for inspection, upon request, all payroll records and any other records that relate to the Basic Services provided under this Agreement.
7.3.3 PARTIES shall submit to SHERIFF, verifiable and complete supporting documentation to substantiate reimbursement requests for service maintenance and/or equipment purchase, to include the equipment inventory ledger, certified copies of invoice, purchase order, proof of payment to vendor and other procurement documentation. Compliance with the disclosure requirements of this Agreement by any PARTY shall not otherwise waive Attorney-Client privilege or any other privilege or exemption.
7.3.3.1 PARTIES shall provide procurement records that show proof of compliance to 2 CFR 200.317-200.327 requirements, and documents that substantiate full and open competition, to include but not limited to copies of solicitation (RFQ, RFB, RFP), rationale for the method of procurement, contract policy, basis for the contract type and price, purchase request, statement of work and other pre-solicitation documents, cost/price analysis (if applicable), profit negotiation (if applicable), purchase orders, federal contract provisions with required language incorporated within contracts under federal award (as directed herein by Exhibit F – Federal Contract Provisions), notice of award, record of protest, performance or other bond documents, specialized endorsements, suspension and debarment listing, etc.
7.3.3.2 PARTIES shall make available to SHERIFF for inspection and upon request, all procurement records that provide historical and background 9 information to answer inquiries pertaining to the acquisition of service maintenance and/or equipment that may arise in a review or audit or until the grant record retention period expires.
7.3.4 PARTIES shall ensure awareness, understanding, and compliance to all grant rules and procurement requirements. PARTIES shall be responsible in making sure that proper authorizations are in place for any OPSG equipment purchase that requires specialized endorsement or approvals, including waiver request forms or Environmental and Historic Preservation (EHP) review and compliance.
7.3.5 Noncompetitive procurements of equipment exceeding the $250,000 simplified acquisition threshold established by Federal Acquisition Regulation (FAR) 48 CFR Subpart 2.1, in accordance with 41 U.S.C. 1908, requires prior written approval from Cal OES.
7.3.5.1 Prior to purchasing equipment determined to be noncompetitive, PARTIES shall email SHERIFF a copy of their Purchasing Agent's approval for the noncompetitive procurement which SHERIFF will submit to Cal OES for approval.
7.3.6 PARTIES shall obtain a performance bond from vendors prior to procuring equipment over $250,000, or any vehicle, aircraft, or watercraft, to be paid at the time of purchase, to ensure delivery of the equipment within ninety (90) days of the performance period end date.
7.3.6.1 Performance bond shall be included for reimbursement with invoice.
7.3.7 Within ninety (90) business days of receipt of valid invoice and supporting documentation specified in subparagraphs under 7.3, SHERIFF will reimburse PARTIES for the Basic Services agreed to.
7.3.8 Each PARTY shall manage their allocation and track their claims to remain within their allocated amount as specified in Exhibit A – FY 2021 OPSG Budget Worksheet.
7.4 Reimbursement Disallowances
PARTIES not in compliance with procedures in paragraph 7.3 above risk having incurred expenditures disallowed for reimbursement by SHERIFF. PARTIES that fail to submit claims for reimbursement within ninety (90) days will be notified in writing by SHERIFF that the claim(s) is/are past due, and funds allocated to the PARTY for that period may be redistributed among other PARTIES.
8. PROGRAM/FINANCIAL ADMINISTRATION
8.1 PARTIES shall use as the primary reference in all programmatic, financial, and grant administration matters and adhere to the policies and regulations in Exhibit E - Title 2 of the 10 Code of Federal Regulations Part 200 (2 CFR Part 200), Exhibit G – FY 2021 HSGP NOFO, Exhibit H – FY 2021 HSGP CA Supplement to the NOFO, and Exhibit I – FEMA Preparedness Grants Manual, in conjunction with updates issued by the Office of Management and Budget (OMB), Grants & Training (G&T) information bulletins, and Cal OES policy, regulations, and statutes.
8.1.1 Contract Provisions
PARTIES shall ensure that all contracts adhere to all applicable procurement rules and regulations stated in 2 CFR 200.317–200.327 and described in Appendix II Part 200 - Contract Provisions for Non-Federal Entity Contracts under Federal Awards.
Reimbursement claims associated with contracts found to be out of compliance will be denied.
8.1.2 Methods of Procurement
PARTIES shall adhere to the procurement methods found in 2 CFR 200, Subpart D, § 200.320.
9. REPAYMENT OF REIMBURSEMENTS
9.1 Any PARTY found through compliance assessments, audits, or monitoring site visits, to be out of compliance with paragraphs 7.3 and 8 above, shall retroactively repay SHERIFF, within ninety (90) days of notification, any reimbursement found out of compliance which was paid to PARTY during the term of, and even after the term, of this Agreement. This provision shall survive termination or expiration of this Agreement.
10. INDEMNIFICATION – WORKERS' COMPENSATION, EMPLOYMENT AND
CLAIMS AND LIABILITY ISSUES
10.1 The COUNTY shall fully indemnify and hold harmless non-County PARTIES and their respective officers, employees and agents, from any claims, losses, fines, expenses (including attorneys' fees and court costs and/or arbitration costs), costs, damages or liabilities arising from or related to (1) any workers' compensation claim or demand or other workers' compensation proceeding arising from or related to, or claimed to arise from or relate to, employment which is brought by an employee of the COUNTY or any contract labor provider retained by the COUNTY, or (2) any claim, demand, suit, or other proceeding arising from or related to, or claimed to arise from or relate to, the status of employment (including without limitation, compensation, demotion, promotion, discipline, termination, hiring, work assignment, transfer, disability, leave or other such matters) which is brought by an employee of the COUNTY or any contract labor provider retained by the COUNTY.
10.2 Each non-County PARTY shall fully indemnify and hold harmless the COUNTY, its officers, employees, and agents, from any claims, losses, fines, expenses (including attorneys' fees and court costs or arbitration costs), costs, damages or liabilities arising from or related to (1) any workers' compensation claim or demand or other workers' compensation proceeding arising from or related to, or claimed to arise from or relate to, employment which is brought by an employee of that respective non-County PARTY or any contract 11 labor provider retained by non-County PARTY, or (2) any claim, demand, suit, or other proceeding arising from or related to, or claimed to arise from or relate to, the status of employment (including without limitation, compensation, demotion, promotion, discipline, termination, hiring, work assignment, transfer, disability, leave or other such matters) which is brought by an employee of that respective non-County PARTY or any contract labor provider retained by the non-County PARTY.
10.3 Each non-County PARTY shall fully indemnify and hold harmless the other nonCounty PARTIES, its officers, employees, and agents, from any claims, losses, fines, expenses (including attorneys' fees and court costs or arbitration costs), costs, damages or liabilities arising from or related to (1) any workers' compensation claim or demand or other workers' compensation proceeding arising from or related to, or claimed to arise from or relate to, employment which is brought by an employee of that respective non-County PARTY or any contract labor provider retained by non-County PARTY, or (2) any claim, demand, suit, or other proceeding arising from or related to, or claimed to arise from or relate to, the status of employment (including without limitation, compensation, demotion, promotion, discipline, termination, hiring, work assignment, transfer, disability, leave or other such matters) which is brought by an employee of that respective non-County PARTY or any contract labor provider retained by the non-County PARTY.
11. INDEMNIFICATION RELATED TO ACTS OR OMISSIONS; NEGLIGENCE
11.1 Claims Arising from Sole Acts or Omissions of a PARTY Each PARTY to this Agreement hereby agrees to defend and indemnify the other PARTIES to this Agreement, their agents, officers, and employees, from any claim, action, or proceeding against the other PARTIES, arising solely out of its own acts or omissions in the performance of this Agreement. At each PARTY's sole discretion, each PARTY may participate at its own expense in the defense of any claim, action, or proceeding, but such participation shall not relieve any PARTY of any obligation imposed by this Agreement.
PARTIES shall notify each other promptly of any claim, action, or proceeding and cooperate fully in the defense.
11.2 Claims Arising from Concurrent Acts or Omissions
The PARTIES hereby agree to defend themselves from any claim, action, or proceeding arising out of the concurrent acts or omissions of the PARTIES. In such cases, PARTIES agree to retain their own legal counsel, bear their own defense costs, and waive their right to seek reimbursement of such costs, except as provided in paragraph 11.4 below.
11.3 Joint Defense
Notwithstanding paragraph 11.2 above, in cases where PARTIES agree in writing to a joint defense, PARTIES may appoint joint defense counsel to defend the claim, action, or proceeding arising out of the concurrent acts or omissions of PARTIES. Joint defense counsel shall be selected by mutual agreement of PARTIES. PARTIES agree to share the costs of such joint defense and any agreed settlement in equal amounts, except as provided in paragraph 11.4 below. PARTIES further agree that no PARTY may bind the others to a settlement agreement without the written consent of the others. 12 11.4 Reimbursement and/or Reallocation
Where a trial verdict or arbitration award allocates or determines the comparative fault of the parties, PARTIES may seek reimbursement and/or reallocation of defense costs, settlement payments, judgments, and awards, consistent with such comparative fault.
12. GENERAL PROVISIONS
12.1 Notices
Any notice, request, demand, or other communication required or permitted hereunder shall be in writing and may be personally delivered or given as of the date of mailing by depositing such notice in the United States mail, first-class postage prepaid and addressed as follows, or, to such other place as each PARTY may designate by subsequent written notice to each other:
To SHERIFF:
Sheriff
San Diego County Sheriff's Department
P. O. Box 939062
San Diego, CA 92193-9062
To Non-County PARTIES:
Chief Chief
Chula Vista Police Department El Cajon Police Department 315 Fourth Avenue 100 Civic Center Way
Chula Vista, CA 91910 El Cajon, CA 92020
Chief Chief
Escondido Police Department La Mesa Police Department
1163 North Centre City Parkway 8085 University Avenue
Escondido, CA 92026 La Mesa, CA 91942
Chief Chief
Oceanside Police Department San Diego Harbor Police Department 3855 Mission Avenue 3380 North Harbor Drive
Oceanside, CA 92054 San Diego, CA 92101
Chief Chief
University of California-San Diego Sycuan Tribal Police Department Police Department 4 Kwaaypaay Road
9500 Gilman Drive, MC 0017 El Cajon, CA 92019
La Jolla, CA 92093
Chief Chief
Seal Beach Police Department Huntington Beach Police Department 911 Seal Beach Boulevard 2000 Main Street
Seal Beach, CA 90740 Huntington Beach, CA 92648
13 Sheriff Sheriff
Riverside County Sheriff's Department Orange County Sheriff's Department 4095 Lemon Street 550 North Flower Street
Riverside, CA 92501 Santa Ana, CA 92703
Sheriff Sheriff
Los Angeles County Sheriff's Department Ventura County Sheriff's Office Special Enforcement Bureau 800 South Victoria Avenue
1060 North Eastern Avenue Ventura, CA 93009
Los Angeles, CA 90063
Sheriff Sheriff
San Luis Obispo County Sheriff's Office Monterey County Sheriff's Office 1585 Kansas Avenue 1414 Natividad Road
San Luis Obispo, CA 93405 Salinas, CA 93906
Sheriff Sheriff
Santa Barbara County Sheriff's Office San Mateo County Sheriff's Office 4434 Calle Real 400 County Center
Santa Barbara, CA 93110 Redwood City, CA 94063
Chief Chief of Enforcement
California Highway Patrol California Department of Fish and 9330 Farnham Street Wildlife
San Diego, CA 92123 1416 9th Street, Room 1326
Sacramento, CA 95814
Chief
California Department of Parks and
Recreation
1416 9th Street
Sacramento, CA 95814
A notice shall be effective on the date of personal delivery if personally delivered before 5:00 p.m. on a business day or otherwise on the first business day following personal delivery; or two (2) business days following the date the notice is postmarked, if mailed; or on the first business day following delivery to the applicable overnight courier, if sent by overnight courier for next business day delivery and otherwise when received.
12.2 Amendment; Assignment
This Agreement may be modified or amended only by a written document signed by the COUNTY through SHERIFF and the affected PARTY or PARTIES, and no oral understanding or agreement shall be binding on any PARTY or PARTIES. No PARTY shall 14 assign any of its rights or delegate any of its obligations hereunder without the prior written consent of the other PARTIES.
12.3 Entire Agreement
This Agreement constitutes the complete and exclusive statement of agreement between the COUNTY and non-County PARTIES with respect to the subject matter hereto.
As such, all prior written and oral understandings are superseded in total by this Agreement.
12.4 Construction
This Agreement will be deemed to have been made and shall be construed, interpreted, governed, and enforced pursuant to, and in accordance with, the laws of the State of California. The headings and captions used in this Agreement are for convenience and ease of reference only and shall not be used to construe, interpret, expand, or limit the terms of the Agreement and shall not be construed against any one PARTY.
12.5 Waiver
A waiver by COUNTY or non-County PARTIES of a breach of any of the covenants to be performed by COUNTY or non-County PARTIES shall not be construed as a waiver of any succeeding breach of the same or other covenants, agreements, restrictions, or conditions of this Agreement. In addition, the failure of any PARTY to insist upon strict compliance with any provision of this Agreement shall not be considered a waiver of any right to do so, whether for that breach or any subsequent breach. The acceptance by COUNTY or nonCounty PARTIES of either performance or payment shall not be considered a waiver of PARTY's preceding breach of this Agreement.
12.6 Authority to Enter Agreement
COUNTY and non-County PARTIES have all requisite power and authority to conduct their respective business and to execute, deliver, and perform the Agreement. Each PARTY warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective PARTY.
12.7 Cooperation
COUNTY through SHERIFF and Non-County PARTIES will cooperate in good faith to implement this Agreement.
12.8 Counterparts
This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument. SHERIFF will provide each PARTY with a copy of this Agreement once fully executed.
12.9 Severability
This Agreement is subject to all applicable laws and regulations. If any provision of this Agreement is found by any court or other legal authority, or is agreed upon by the PARTIES, to conflict with any law or regulation, then the conflicting provision shall be considered null and void. If the effect of nullifying any conflicting provision is such that a material benefit of 15 this Agreement to any PARTY is lost, then the Agreement may be terminated at the option of the affected PARTY, with the notice as required in this Agreement. In all other cases, the remainder of this Agreement shall be severable and shall continue in full force and effect.
12.10 Legislative Changes
If any changes are made to regulations pursuant to which this Agreement is made or to any successor legislation or regulations, or if the DHS imposes any budget requirements or limitations applicable to this Agreement and the services to be provided hereunder, then (1) to the extent any of the changes are of mandatory application, such change(s) shall apply to the PARTIES in this Agreement, and this Agreement shall be deemed to be amended to be consistent with such changes(s) except to the extent that such change(s) alter(s) a material provision of this Agreement in which case such material provision shall be voidable and the PARTIES will negotiate in good faith to amend the Agreement as necessary, and (2) to the extent any of the changes are not of mandatory application, such change(s) shall not affect this Agreement or the right or obligations of COUNTY and non-COUNTY under this Agreement unless the PARTIES mutually agree to subject themselves to such changes(s).
12.11 Representation
Each PARTIES' Chief, and/or Sheriff, or their respective designee, shall represent its PARTY in all discussions pertaining to this Agreement. SHERIFF, or his or her designee, shall represent COUNTY in all discussions pertaining to this Agreement.
12.12 Dispute Resolution Concerning Services and Payment In the event of any dispute concerning services and payment arising from this Agreement, representatives described in paragraph 12.11, will meet, and confer within ten (10) business days after receiving notice of the dispute to resolve the dispute.
12.13 Termination of Funding
If funding for reimbursement of costs related to Operations is terminated by the DHS, this Agreement in its entirety shall be considered null and void and COUNTY through SHERIFF and PARTIES shall no longer be required to provide Operations as described herein. In such event, PARTIES shall meet immediately, and if agreed upon by the PARTIES, mutually develop and implement within a reasonable time frame, a transition plan for the provision of Operations through alternate means.
12.14 Obligation
This Agreement shall be binding upon the successors of the PARTIES.
12.15 California Law
This Agreement is executed and delivered within the State of California and the rights and obligations of the PARTIES hereto shall be construed and enforced in accordance with, and governed by, the laws of the State of California.
16 IN WITNESS WHEREOF, the PARTIES hereto approve and agree to the terms of this Agreement, such Agreement being effective July 18, 2022, unless otherwise specified.
Approved as to form and legality:
SAN DIEGO COUNTY CLAUDIA G. SILVA
SHERIFF'S DEPARTMENT OFFICE OF COUNTY COUNSEL
COUNTY OF SAN DIEGO
___________________________ _____________________________ Anthony C. Ray Mark Day
Sheriff Senior Deputy
CHULA VISTA POLICE CITY OF EL CAJON
DEPARTMENT
___________________________ _____________________________ Roxana Kennedy Graham Mitchell
Chief City Manager
Approved as to form:
EL CAJON POLICE CITY OF EL CAJON
DEPARTMENT
___________________________ _____________________________ Mike Moulton Morgan L. Foley
Chief City Attorney
ESCONDIDO POLICE LA MESA POLICE
DEPARTMENT DEPARTMENT
___________________________ _____________________________ David Cramer Ray Sweeney
Interim Chief Chief
OCEANSIDE POLICE SAN DIEGO HARBOR POLICE
DEPARTMENT DEPARTMENT
___________________________ _________________________________ Fred Armijo Magda Fernandez
Chief Chief
17 UNIVERSITY OF CALIFORNIA SYCUAN TRIBAL POLICE
SAN DIEGO POLICE DEPARTMENT DEPARTMENT
___________________________ ___________________________ Gregory Murphy William Denke
Acting Chief Chief
SEAL BEACH POLICE HUNTINGTON BEACH POLICE
DEPARTMENT DEPARTMENT
___________________________ ___________________________ Philip L. Gonshak Eric Parra
Chief Chief
RIVERSIDE COUNTY VENTURA COUNTY
SHERIFF'S DEPARTMENT SHERIFF'S OFFICE
___________________________ ___________________________ Chad Bianco William Ayub
Sheriff Sheriff
Approved as to form and legality:
ORANGE COUNTY LEON J. PAGE
SHERIFF'S DEPARTMENT THE OFFICE OF COUNTY COUNSEL
COUNTY OF ORANGE
___________________________ ___________________________ Don Barnes Nicole A. Sims
Sheriff-Coroner Supervising Deputy
Approved as to form:
LOS ANGELES COUNTY DAWYN R. HARRISON
SHERIFF'S DEPARTMENT OFFICE OF THE COUNTY COUNSEL
COUNTY OF LOS ANGELES
___________________________ ___________________________ Alex Villanueva Michele Jackson
Sheriff Principal Deputy County Counsel
18 SAN LUIS OBISPO COUNTY MONTEREY COUNTY
SHERIFF'S OFFICE SHERIFF'S OFFICE
___________________________ ___________________________ Ian Parkinson Steve Bernal
Sheriff Sheriff-Coroner
SANTA BARBARA COUNTY SAN MATEO COUNTY
SHERIFF'S OFFICE SHERIFF'S OFFICE
___________________________ ___________________________ Bill Brown Carlos G. Bolanos
Sheriff-Coroner Sheriff
CALIFORNIA HIGHWAY PATROL CALIFORNIA DEPARTMENT
BORDER DIVISION OF FISH AND WILDLIFE
___________________________ ___________________________ Scott Parker Melinda Peacock
Chief Section Chief
Contracts and Procurement Section
Business Management Branch
CALIFORNIA DEPARTMENT
OF PARKS AND RECREATION
___________________________
Gina Moran
District Superintendent
FY 2021 Operation Stonegarden Grant - Standard Assurances Page 1 of 9 Initials _______
EXHIBIT B
Homeland Security Grant Program - Operation Stonegarden Grant (OPSG) FY 2021 Standard Assurances
(All OPSG Participating Agencies)
Name of Agency: ___________________________________________________________________________ Address: _____________________________________________________________________________________ City: _____________________________________ State: ______________ Zip Code: ______________ As the duly authorized representative of the Agency ("Agency") named above, I hereby certify that the Agency has the legal authority to apply for federal assistance and has the institutional, managerial and financial capability (including sufficient funds to pay any non-federal share of project cost or to retroactively repay any reimbursement found out of compliance which was paid to Agency, for as long as the grant is active) to ensure proper planning, management and completion of the project described in this application, within prescribed timelines.
I further acknowledge that the Agency is responsible for reviewing and adhering to all requirements within the:
(a) Applicable Federal Regulations (see below);
(b) Federal Program Notice of Funding Opportunity (NOFO); (c) Federal Preparedness Grants Manual;
(d) HSGP California State Supplement to the NOFO; and
(e) Federal and State Grant Program Guidelines.
Federal Regulations
Government cost principles, uniform administrative requirements and audit requirements for federal grant programs are set forth in Title 2, Part 200 of the Code of Federal Regulations (C.F.R.). Updates are issued by the Office of Management and Budget (OMB) and can be found at http://www.whitehouse.gov/omb/.
Significant state and federal grant award requirements (some of which appear in the documents listed above) are set forth below. The Agency hereby agrees to comply with the following:
1. Proof of Authority
The Agency will obtain written authorization from the city council, governing board or authorized body in support of this project. This written authorization must specify that the Agency and the city council, governing board or authorized body agree:
(a) To provide all matching funds required for said project and that any cash match will be appropriated as required;
(b) That any liability arising out of the performance of this agreement shall be the responsibility of the Agency and the city council, governing board or authorized body; (c) That grant funds shall not be used to supplant expenditures controlled by the city council, governing board or authorized body;
(d) That the Agency is authorized by the city council, governing body, or authorized body to apply for federal assistance, and the institutional, managerial and financial capability (including funds sufficient to pay the non-federal share of project cost, if any, or to retroactively repay any reimbursement found FY 2021 Operation Stonegarden Grant - Standard Assurances Page 2 of 9 Initials _______ out of compliance, which was paid to Agency, for as long as the grant is active) to ensure proper planning, management and completion of the project described in this application; and (e) That the official executing this agreement is, in fact, authorized to do so.
This Proof of Authority must be maintained on file and readily available upon request.
2. Period of Performance
The Agency is only authorized to perform allowable activities approved under the award, within the period of performance specified in the grant. Allowable activities may be initiated after approval of the award.
3. Lobbying and Political Activities
As required by Section 1352, Title 31 of the U.S. Code (U.S.C.), for persons entering into a contract, grant, loan or cooperative agreement from an agency or requests or receives from an agency a commitment providing for the United States to insure or guarantee a loan, the Agency certifies that:
(a) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. (b) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying”, in accordance with its instructions. (c) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all Agencies shall certify and disclose accordingly.
The Agency will also comply with provisions of the Hatch Act (5 U.S.C. §§1501-1508 and §§7324-7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with federal funds.
Finally, the Agency agrees that federal funds will not be used, directly or indirectly, to support the enactment, repeal, modification or adoption of any law, regulation or policy without the express written approval from the California Governor’s Office of Emergency Services (Cal OES) or the federal awarding agency.
4. Suspension and Debarment
As required by Executive Orders (EO) 12549 and 12689, and 2 C.F.R §200.214 and codified in 2 C.F.R Part 180, Debarment and Suspension, the Agency will provide protection against waste, fraud and abuse by debarring or suspending those persons deemed irresponsible in their dealings with the federal government. The Agency certifies that it and its principals, contractors, or subcontractors:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; (b) Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;
FY 2021 Operation Stonegarden Grant - Standard Assurances Page 3 of 9 Initials _______ (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (2)(b) of this certification; and
(d) Have not within a three-year period preceding this application had one or more public transaction (Federal, State, or local) terminated for cause or default.
Where the Agency is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application.
5. Non-Discrimination and Equal Employment Opportunity
The Agency will comply with all state and federal statutes relating to non-discrimination. These include, but are not limited to the following:
(a) Title VI of the Civil Rights Act of 1964 (Public Law (P.L.) 88-352 and 42 U.S.C. § 2000d et. seq.) which prohibits discrimination on the basis of race, color or national origin and requires that recipients of federal financial assistance take reasonable steps to provide meaningful access to persons with limited English proficiency (LEP) to their programs and services; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§ 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex in any federally funded educational program or activity;
(c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination against those with disabilities or access and functional needs; (d) Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, and requires buildings and structures be accessible to those with disabilities and access and functional needs (42 U.S.C. § 12101-12213);
(e) Age Discrimination Act of 1975, (42 U.S.C. §§ 6101-6107), which prohibits discrimination on the basis of age;
(f) Public Health Service Act of 1912 (42 U.S.C. §§ 290 dd --- 2), relating to confidentiality of patient records regarding substance abuse treatment;
(g) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), relating to nondiscrimination in the sale, rental or financing of housing as implemented by the Department of Housing and Urban Development at 24 C.F.R Part 100. The prohibition on disability discrimination includes the requirement that new multifamily housing with four or more dwelling units --- i.e., the public and common use areas and individual apartment units (all units in buildings with elevators and ground-floor units in buildings without elevators) --- be designed and constructed with certain accessible features (See 24 C.F.R § 100.201);
(h) Executive Order (E.O.) 11246, which prohibits federal contractors and federally assisted construction contractors and subcontractors, who do over $10,000 in Government business in one year from discriminating in employment decisions on the basis of race, color, religion, sex, sexual orientation, gender identification, or national origin;
(i) Executive Order (E.O.) 11375, which bans discrimination on the basis of race, color, religion, sex, sexual orientation, gender identification, or national origin in hiring and employment in both the United States federal workforce and on the part of government contractors; (j) California Public Contract Code § 10295.3, which prohibits discrimination based on domestic partnerships and those in same sex marriages;
(k) DHS policy to ensure the equal treatment of faith-based organizations, under which all recipients must comply with equal treatment policies and requirements contained in 6 C.F.R. Part 19; (l) The Agency will comply with California's Fair Employment and Housing Act (FEHA) (California Government Code § 12940, 12945, 12945.2), as applicable. FEHA prohibits harassment and discrimination in employment because of ancestry, familial status, race, color, religious creed (including religious dress and grooming practices), sex (which includes pregnancy, childbirth, breastfeeding and medical conditions related to pregnancy, childbirth or breastfeeding), gender, gender identity, gender FY 2021 Operation Stonegarden Grant - Standard Assurances Page 4 of 9 Initials _______ expression, sexual orientation, marital status, national origin, ancestry, mental and physical disability, genetic information, medical condition, age, pregnancy, denial of medical and family care leave, or pregnancy disability leave, military and veteran status, and/or retaliation for protesting illegal discrimination related to one of these categories, or for reporting patient abuse in tax supported institutions;
(m) Any other nondiscrimination provisions in the specific statute(s) under which application for federal assistance is being made; and
(n) The requirements of any other nondiscrimination statute(s) which may apply to the application.
6. Drug-Free Workplace
As required by the Drug-Free Workplace Act of 1988 (41 U.S.C. § 701 et seq.), the Agency certifies that it will maintain a drug-free workplace and a drug-free awareness program as outlined in the Act.
7. Environmental Standards
The Agency will comply with State and Federal environmental standards, including:
(a) California Environmental Quality Act (CEQA) (California Public Resources Code §§ 21000-21177), to include coordination with the city or county planning agency; (b) CEQA Guidelines (California Code of Regulations, Title 14, Division 6, Chapter 3, §§ 15000-15387); (c) Federal Clean Water Act (CWA) (33 U.S.C. § 1251 et seq.), which establishes the basic structure for regulating discharges of pollutants into the waters of the United States and regulating quality standards for surface waters;
(d) Federal Clean Air Act of 1955 (42 U.S.C. § 7401), which regulates air emissions from stationary and mobile sources;
(e) Institution of environmental quality control measures under the National Environmental Policy Act (NEPA) of 1969 (P.L. 91-190); the Council on Environmental Quality Regulations for Implementing the Procedural Provisions of NEPA; and Executive Orders (EO) 12898 which focuses on the environmental and human health effects of federal actions on minority and low-income populations with the goal of achieving environmental protection for all communities; (f) Evaluation of flood hazards in floodplains in accordance with Executive Order (EO) 11988 (g) Executive Order (EO) 11514 which sets forth national environmental standards; (h) Executive Order (EO) 11738 instituted to assure that each federal agency empowered to enter into contracts for the procurement of goods, materials, or services and each federal agency empowered to extend federal assistance by way of grant, loan, or contract shall undertake such procurement and assistance activities in a manner that will result in effective enforcement of the Clean Air Act and the Federal Water Pollution Control Act Executive Order (EO) 11990 which requires preservation of wetlands;
(i) The Safe Drinking Water Act of 1974, (P.L. 93-523); (j) The Endangered Species Act of 1973, (P.L. 93-205);
(k) Assurance of project consistency with the approved state management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§ 1451 et seq.); (l) Conformity of Federal Actions to State (Clear Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §§ 7401 et seq.); (m) Wild and Scenic Rivers Act of 1968 (16 U.S.C. § 1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system.
The Agency shall not be: 1) in violation of any order or resolution promulgated by the State Air Resources Board or an air pollution district; 2) subject to a cease and desist order pursuant to § 13301 of the California Water Code for violation of waste discharge requirements or discharge prohibitions; or 3) determined to be in violation of federal law relating to air or water pollution.
FY 2021 Operation Stonegarden Grant - Standard Assurances Page 5 of 9 Initials _______
8. Audits
For grant recipients expending $750,000 or more in federal grant funds annually, the Agency will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and Title 2 of the Code of Federal Regulations, Part 200, Subpart F Audit Requirements.
9. Cooperation and Access to Records
The agency must cooperate with any compliance reviews or investigations conducted by DHS. In accordance with 2 C.F.R § 200.337, the Agency will give the awarding agency, the Comptroller General of the United States and, if appropriate, the State, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award. The Agency will require any subrecipients, contractors, successors, transferees and assignees to acknowledge and agree to comply with this provision.
10. Conflict of Interest
The Agency will establish safeguards to prohibit the Agency's employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain.
11. Financial Management
False Claims for Payment - The Agency will comply with 31 U.S.C § 3729-3733 which sets forth that no subgrantee, recipient or subrecipient shall submit a false claim for payment, reimbursement or advance.
12. Reporting - Accountability
The Agency agrees to comply with applicable provisions of the Federal Funding Accountability and Transparency Act (FFATA) (P.L. 109-282), specifically (a) the reporting of subawards obligating $30,000 or more in federal funds and (b) executive compensation data for first tier subawards. This includes the provisions of FFATA, which includes requirements for executive compensation, and also requirements implementing the Act for the non-federal entity at 2 C.F.R. part 25 Financial Assistance Use of Universal Identifier and Central Contractor Registration and 2 C.F.R. part 170 Reporting Subaward and Executive Compensation Information.
13. Whistleblower Protections
The Agency also must comply with statutory requirements for whistleblower protections at 10 U.S.C. § 2409, 41 U.S.C. § 4712, and 10 U.S.C. § 2324, 41 U.S.C. § 4304 and § 4310.
14. Human Trafficking
The Agency will comply with the requirements of Section 106(g) of the Trafficking Victims Protection Act (TVPA) of 2000, as amended (22 U.S.C. § 7104) which prohibits grant award recipients or a subrecipient from: (1) engaging in trafficking in persons during the period of time that the award is in effect; (2) procuring a commercial sex act during the period of time that the award is in effect; or (3) using forced labor in the performance of the award or subawards under the award.
15. Labor Standards
The Agency will comply with the following federal labor standards:
(a) The Davis-Bacon Act (40 U.S.C. §§ 276a to 276a-7), as applicable, and the Copeland Act (40 U.S.C. § 3145 and 18 U.S.C. § 874) and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§ 327- 333), regarding labor standards for federally-assisted construction contracts or subcontracts, and (b) The Federal Fair Labor Standards Act (29 U.S.C. § 201 et al.) as they apply to employees of institutes of higher learning (IHE), hospitals and other non-profit organizations.
16. Worker’s Compensation
The Agency must comply with provisions which require every employer to be insured to protect workers who may be injured on the job at all times during the performance of the work of this Agreement, as per the workers compensation laws set forth in California Labor Code §§ 3700 et seq.
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17. Property-Related
If applicable to the type of project funded by this federal award, the Agency will:
(a) Comply with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of federal or federally assisted programs.
These requirements apply to all interests in real property acquired for project purposes regardless of federal participation in purchase;
(b) Comply with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires Agencies in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more;
(c) Assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. § 470), Executive Order (EO) 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. § 469a-1 et seq.); and
(d) Comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. § 4831 and 24 C.F.R. Part 35) which prohibits the use of lead-based paint in construction or rehabilitation of residence structures.
18. Certifications Applicable Only to Federally Funded Construction Projects For all construction projects, the Agency will:
(a) Not dispose of, modify the use of, or change the terms of the real property title or other interest in the site and facilities without permission and instructions from the awarding agency. Will record the federal awarding agency directives and will include a covenant in the title of real property acquired in whole or in part with federal assistance funds to assure nondiscrimination during the useful life of the project. (b) Comply with the requirements of the awarding agency with regard to the drafting, review and approval of construction plans and specifications; and
(c) Provide and maintain competent and adequate engineering supervision at the construction site to ensure that the complete work conforms to the approved plans and specifications and will furnish progressive reports and such other information as may be required by the assistance awarding agency or State.
19. Use of Cellular Device While Driving is Prohibited
Agencies are required to comply with California Vehicle Code sections 23123 and 23123.5. These laws prohibit driving motor vehicle while using an electronic wireless communications device to write, send, or read a text-based communication. Drivers are also prohibited from the use of a wireless telephone without hands-free listening and talking, unless to make an emergency call to 911, law enforcement, or similar services.
20. California Public Records Act and Freedom of Information Act The Agency acknowledges that all information submitted in the course of applying for funding under this program, or provided in the course of an entity’s grant management activities that are under federal control, is subject to the Freedom of Information Act (FOIA), 5 U.S.C. § 552, and the California Public Records Act, California Government Code section 6250 et seq. The Agency should consider these laws and consult its own State and local laws and regulations regarding the release of information when reporting sensitive matters in the grant application, needs assessment, and strategic planning process.
FY 2021 Operation Stonegarden Grant - Standard Assurances Page 7 of 9 Initials _______ HOMELAND SECURITY GRANT PROGRAM (HSGP) –
PROGRAM SPECIFIC ASSURANCES / CERTIFICATIONS
21. Acknowledgement of Federal Funding from DHS
All Agencies must acknowledge their use of federal funding when issuing statements, press releases, requests for proposal, bid invitations, and other documents describing projects or programs funded in whole or in part with federal funds.
22. Activities Conducted Abroad
All Agencies must ensure that project activities carried on outside the United States are coordinated as necessary with appropriate government authorities and that appropriate licenses, permits, or approvals are obtained.
23. Best Practices for Collection and Use of Personally Identifiable Information (PII) DHS defines personally identifiable information (PII) as any information that permits the identity of an individual to be directly or indirectly inferred, including any information that is linked or linkable to that individual. All Agencies who collect PII are required to have a publicly available privacy policy that describes standards on the usage and maintenance of PII they collect. Agencies may also find the DHS Privacy Impact Assessments: Privacy Guidance and Privacy template a useful resource respectively.
24. Copyright
All Agencies must affix the applicable copyright notices of 17 U.S.C. §§ 401 or 402 and an acknowledgement of U.S. Government sponsorship (including the award number) to any work first produced under federal financial assistance awards.
25. Duplication of Benefits
Any cost allocable to a particular federal financial assistance award provided for in 2 C.F.R. Part 200, Subpart E may not be charged to other federal financial assistance awards to overcome fund deficiencies, to avoid restrictions imposed by federal statutes, regulations, or federal financial assistance award terms and conditions, or for other reasons. However, these prohibitions would not preclude Agencies from shifting costs that are allowable under two or more awards in accordance with existing federal statutes, regulations, or the federal financial assistance award terms and conditions.
26. Energy Policy and Conservation Act
All Agencies must comply with the requirements of 42 U.S.C. § 6201 which contain policies relating to energy efficiency that are defined in the state energy conservation plan issued in compliance with this Act.
27. Federal Debt Status
All Agencies are required to be non-delinquent in their repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. See OMB Circular A129.
28. Fly America Act of 1974
All Agencies must comply with Preference for U.S. Flag Air Carriers: (air carriers holding certificates under 49 U.S.C. § 41102) for international air transportation of people and property to the extent that such service is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974 (49 U.S.C. § 40118) and the interpretative guidelines issued by the Comptroller General of the United States in the March 31, 1981, amendment to Comptroller General Decision B-138942.
FY 2021 Operation Stonegarden Grant - Standard Assurances Page 8 of 9 Initials _______
29. Hotel and Motel Fire Safety Act of 1990
In accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990, all Agencies must ensure that all conference, meeting, convention, or training space funded in whole or in part with federal funds complies with the fire prevention and control guidelines of the Federal Fire Prevention and Control Act of 1974, as amended, 15 U.S.C. § 2225a.
30. Non-supplanting Requirement
All Agencies who receive federal financial assistance awards made under programs that prohibit supplanting by law must ensure that federal funds do not replace (supplant) funds that have been budgeted for the same purpose through non-federal sources.
31. Patents and Intellectual Property Rights
Unless otherwise provided by law, Agencies are subject to the Bayh-Dole Act, Pub. L. No. 96-517, as amended, and codified in 35 U.S.C. § 200 et seq. All Agencies are subject to the specific requirements governing the development, reporting, and disposition of rights to inventions and patents resulting from financial assistance awards located at 37 C.F.R. Part 401 and the standard patent rights clause located at 37 C.F.R. § 401.14.
32. SAFECOM
All Agencies who receive federal financial assistance awards made under programs that provide emergency communication equipment and its related activities must comply with the SAFECOM Guidance for Emergency Communication Grants, including provisions on technical standards that ensure and enhance interoperable communications.
33. Terrorist Financing
All Agencies must comply with Executive Order (EO) 13224 and U.S. law that prohibit transactions with, and the provisions of resources and support to, individuals and organizations associated with terrorism. Agencies are legally responsible to ensure compliance with the EO and laws.
34. Reporting of Matters Related to Subrecipient Integrity and Performance If the total value of the Agency's currently active grants, cooperative agreements, and procurement contracts from all federal assistance offices exceeds $10,000,000 for any period of time during the period of performance of this federal financial assistance award, you must comply with the requirements set forth in the government-wide Award Term and Condition for Recipient Integrity and Performance Matters located at 2 C.F.R. Part 200, Appendix XII, the full text of which is incorporated here by reference in the award terms and conditions.
35. USA Patriot Act of 2001
All Agencies must comply with the requirements of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT Act), which amends 18 U.S.C. §§ 175-175c.
36. Use of DHS Seal, Logo, and Flags
All Agencies must obtain permission from DHS Financial Assistance Office, prior to using the DHS seal(s), logos, crests or reproductions of flags or likenesses of DHS agency officials, including use of the United States Coast Guard seal, logo, crests or reproductions of flags or likenesses of Coast Guard officials.
37. Performance Goals
In addition to the Biannual Strategy Implementation Report submission requirements outlined in the Preparedness Grants Manual, agencies must demonstrate how the grant-funded project addresses the core capability gap associated with each project and identified in the Threat and Hazard Identification and Risk Analysis or Stakeholder Preparedness Review or sustains existing capabilities, as applicable. The capability gap reduction or capability sustainment must be addressed in the Project Description of the BSIR for each project.
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38. Applicability of DHS Standard Terms and Conditions to Tribes The DHS Standard Terms and Conditions are a restatement of general requirements imposed upon recipients and flow down to subrecipients as a matter of law, regulation, or executive order. If the requirement does not apply to Indian tribes or there is a federal law or regulation exempting its application to Indian tribes, then the acceptance by Tribes of, or acquiescence to, DHS Standard Terms and Conditions does not change or alter its inapplicability to an Indian tribe. The execution of grant documents is not intended to change, alter, amend, or impose additional liability or responsibility upon the Tribe where it does not already exist.
IMPORTANT
The purpose of the assurance is to obtain federal and state financial assistance, including any and all federal and state grants, loans, reimbursement, contracts, etc. The Agency recognizes and agrees that state financial assistance will be extended based on the representations made in this assurance. This assurance is binding on the Agency, its successors, transferees, assignees, etc. Failure to comply with any of the above assurances may result in suspension, termination, or reduction of grant funds.
All appropriate documentation, as outlined above, must be maintained on file by the Agency and available for Cal OES or public scrutiny upon request. Failure to comply with these requirements may result in suspension of payments under the grant or termination of the grant or both and the Agency may be ineligible for award of any future grants if Cal OES determines that any of the following has occurred: (1) the Agency has made false certification, or (2) violates the certification by failing to carry out the requirements as noted above.
All of the language contained within this document must be included in the award documents for all subawards at all tiers. All Agencies are bound by the Department of Homeland Security Standard Terms and Conditions 2021, Version 11.4, hereby incorporated by reference, which can be found at: https://www.dhs.gov/publication/fy15- dhs-standard-terms-and-conditions.
The undersigned represents that he/she is authorized to enter into this agreement for and on behalf of the above-named Agency.
Name of Agency:
Signature of Authorized Agent:
Printed Name of Authorized Agent:
Title: Date:
Email Address: ____________________________________________________________ FY 2021 Operation Stonegarden Grant – Certification Regarding Lobbying P a g e 1 | 2
EXHIBIT C
Homeland Security Grant Program - Operation Stonegarden Grant (OPSG) CERTIFICATION REGARDING LOBBYING UNDER FY2021 OPSG
(All OPSG Participating Agencies)
Certification for Contracts, Grants, Loans and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard FormLLL, 'Disclosure of Lobbying Activities,' in accordance with its instructions.
3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
FY 2021 Operation Stonegarden Grant – Certification Regarding Lobbying P a g e 2 | 2 Homeland Security Grant Program - Operation Stonegarden Grant (OPSG) CERTIFICATION REGARDING LOBBYING UNDER FY2021 OPSG
(All OPSG Participating Agencies)
The Subrecipient, as identified below, certifies, or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Subrecipient understands and agrees that the provisions of 31 U.S.C. Chap. 38, Administrative Remedies for False Claims and Statements, apply to this certification and disclosure, if any.
Name of Agency: ________________________________________________________________ Signature of Authorized Agent: _______________________________________________ Printed Name of Authorized Agent: ___________________________________________ Title: _____________________________________ Date: _____________________________
Agenda Item J
AGENDA STAFF REPORT
DATE: October 24, 2022
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Alexa Smittle, Director of Community Development
SUBJECT: Introduction of an Ordinance of the City of Seal Beach City Council Amending the City of Seal Beach Municipal Code by Modifying Title 9 Chapter 9.60 Building Code thereof and Adopting by Reference the 2022 California Building Code, 2022 California Residential Code, 2022 California Electrical Code, 2022 California Mechanical Code, 2022 California Plumbing Code, 2022 California Fire Code with Certain Amendments, Additions and Deletions Thereto, pursuant to Local Amendment Findings
___________________________________________________________ _____ SUMMARY OF REQUEST:
That the City Council:
1. Introduce for the first reading Ordinance 1700 amending the Seal Beach Municipal Code Chapter 9.60 by repealing Section 9.60.020 California Codes Adopted by Reference and Amended and substituting with new Section 9.60.020 California Codes Adopted by Reference and Amend the California Code of Regulations, Title 24, Part 2 California Building Code, Part 2.5 California Residential Code, Part 3 California Electrical Code, Part 4 California Mechanical Code, Part 5 California Plumbing Code and Part 9 California Fire Code with Certain Amendments, Additions and Deletions Thereto pursuant to Local Findings; and,
2. Direct staff to schedule a noticed public hearing prior to the second reading and adoption of the same.
BACKGROUND AND ANALYSIS:
The model codes (or “uniform codes”) the City of Seal Beach (City) adopts for Building, Residential, Electrical, Mechanical and Plumbing Codes are periodically published in new and updated editions. The California Building Standards Commission (CBSC) adopts and amends each of these Codes to create the California Building, Residential, Fire, Electrical, Mechanical, and Plumbing Codes.
California cities may, and generally do, adopt these model codes as the official building codes. State law sets the process for adopting these model codes with local amendments, if necessary. This helps California builders and the public to know that the rules for construction are relatively stable across the State. The 2022 California Codes were published on July 1, 2022 and will become effective on January 1, 2023. The City must have the codes adopted and in effect by that date.
California’s model building codes are published by the following three entities:
▪ International Code Council (ICC) publishes Parts 1, 2 (includes 8 and 10),
2.5, 6, 9, 11 and 12 of Title 24, the Administrative, Building with Historical and Existing Buildings, Residential, Energy, Fire, Green and Referenced Standards Codes.
▪ International Association of Plumbing and Mechanical Officials (IAPMO) publish Parts 4 and 5 of Title 24, the California Mechanical and Plumbing Codes.
▪ BNi Building News publishes Part 3 of Title 24, the California Electrical Code.
California Code of Regulations (CCR), Title 24, also known as the California Building Standards Code, is a compilation of three types of building criteria from three different origins:
▪ Building standards that have been adopted by State agencies without change from building standards contained in national model codes; ▪ Building standards that have been adopted and adapted from the national model code standards to meet California conditions; and ▪ Building standards, authorized by the California legislature, that constitute extensive additions not covered by the model codes that have been adopted to address particular California concerns.
The national model code standards adopted into Title 24 apply to all occupancies in California except for modifications adopted by State agencies and local governing bodies. California Building Standards Law refers to the portion of State law within Health and Safety Code, Division 13, Part 2.5, commencing with Section 18901. The provisions of Part 2.5 govern the work of the California Building Standards Commission, and how the building standards are to be adopted and published. It also mandates that California Building Standards Code, in Title 24 of the California Code of Regulations, applies to all building occupancies throughout the state.
While State law requires local governments enforce Title 24 of the California Code of Regulations as local standards, the law also allows local government to enact local requirements, often called local amendments, to Title 24. These local amendments must be based on specified local climatic, geological, or topographical conditions. When a local jurisdiction enacts local amendments, a copy of the local amendment along with an express finding that such
amendment(s) is reasonably necessary because of local climatic, geological, or topographical conditions, must be filed with the California Building Standards Commission. Local amendments may only be more restrictive than the State codes. Jurisdictions can also establish their own administration of the codes as a local amendment. No local amendment is enforceable unless filed with the California Building Standards Commission and cannot be enforceable earlier than January 1, 2023.
Only a handful of local amendments to State codes are made by this attached Ordinance for the City. Administrative provisions have been deleted, as the City’s Municipal Code has established administrative provisions. Amendments to the Fire Code were made in consultation with the Orange County Fire Authority, and instead of adopting the Building Code related to fire sprinklers, the City is instead adopting the Fire Code related to fire sprinklers and fire hazards. A residential code amendment is also included, stating that due to the seismic zone, the City will require a licensed architect or engineer to prepare plans for dwellings of wood construction of two or more stories. Proposed findings in support of these local amendments are set out in Attachment A, Local Amendment Findings, to proposed Ordinance 1700.
ENVIRONMENTAL IMPACT:
Pursuant to the State of California Public Resources Code and State Guidelines for the California Environmental Quality Act (CEQA), the Community Development Department has determined that the proposed project is categorically exempt from environmental review pursuant to Section 15060(c)(2) of the State CEQA Guidelines because the proposed ordinance will not result in a direct or reasonably foreseeable indirect physical change in the environment; and pursuant to Section 15060(c)(3) because the activity is not a project as defined in Section 15378 of the State CEQA Guidelines.
LEGAL ANALYSIS:
The City Attorney has reviewed and approved as to form.
FINANCIAL IMPACT:
There is no financial impact.
STRATEGIC PLAN:
This item is not applicable to the Strategic Plan.
RECOMMENDATION:
That the City Council:
1. Introduce for the first reading Ordinance 1700 amending the Seal Beach Municipal Code Chapter 9.60 by repealing Section 9.60.020 California Codes Adopted by Reference and Amended and substituting with new Section 9.60.020 California Codes Adopted by Reference and Amend the California Code of Regulations, Title 24, Part 2 California Building Code, Part 2.5 California Residential Code, Part 3 California Electrical Code, Part 4 California Mechanical Code, Part 5 California Plumbing Code and Part 9 California Fire Code with Certain Amendments, Additions and Deletions Thereto pursuant to Local Findings; and,
2. Direct staff to schedule a noticed public hearing prior to the second reading and adoption of the same.
SUBMITTED BY: NOTED AND APPROVED:
Alexa Smittle Jill R. Ingram
Alexa Smittle, Director of
Community Development
Jill R. Ingram, City Manager
Prepared by: Ayla Jefferson, Building Official
ATTACHMENTS:
A. Ordinance 1700
ORDINANCE 1700
AN ORDINANCE OF THE CITY OF SEAL BEACH CITY
COUNCIL AMENDING THE CITY OF SEAL BEACH MUNICIPAL
CODE BY MODIFYING TITLE 9 CHAPTER 9.60 BUILDING CODE
THEREOF AND ADOPTING BY REFERENCE THE 2022
CALIFORNIA BUILDING CODE, 2022 CALIFORNIA
RESIDENTIAL CODE, 2022 CALIFORNIA ELECTRICAL CODE,
2022 CALIFORNIA MECHANICAL CODE, 2022 CALIFORNIA
PLUMBING CODE, 2022 CALIFORNIA FIRE CODE WITH
CERTAIN AMENDMENTS, ADDITIONS AND DELETIONS
THERETO PURSUANT TO LOCAL FINDINGS
THE SEAL BEACH CITY COUNCIL DOES ORDAIN AS FOLLOWS:
Section 1. Findings.
A. California law requires that on January 1, 2023, all portions of the 2023 California Code of Regulations Title 24 will be effective within the City: and, B. Pursuant to California Health and Safety Code Sections 17958, 17958.5, 17958.7 and 18941.5, the City may amend the provisions of the California Code of Regulations Title 24 provided express findings for each amendment, addition or deletion is made based upon express findings that such changes are reasonably necessary because of local climatic, topographical or geological conditions.
C. The City shall file the amendments, additions or deletions shall be filed with California Building Standards Commission.
D. The City of Seal Beach is located in a densely populated coastal area in the northwest portion of Orange that is more prone to high winds, earthquakes, and fire, more difficult for firefighters to access than many other areas in California.
E. The Building Official has recommended modifying certain Parts of California Code of Regulations Title 24 due to local conditions in the City of Seal Beach.
F. The findings supporting the necessity for the amendments to building standards herein are contained in Attachment A to this ordinance in accordance with California Health and Safety Code Section 18941.5 and such findings are adopted and incorporated by reference herein.
G. The City held a public hearing on XXXXXX, 2022, at which time all interested persons had the opportunity to appear and be heard on the matter adopting the Codes, as amended.
H. The City published notice of the aforementioned hearing pursuant to California Government Code Section 6066 on XXXXXXX, 2022 and XXXXXXX, 2022.
I. In accordance with Section 15061(b)(3) of Title 14 of the California Code of Regulations, the adoption of local amendments to the California Building Standards Code, and amending the Seal Beach Municipal Code, are exempt from the provisions of the California Environmental Quality Act.
J. Any and all other legal prerequisites relating to the adoption of this Ordinance have occurred.
Section 2. The purpose of this ordinance is to adopt by reference and amend the California Code of Regulations, Title 24, Part 2 California Building Code, Part 2.5 California Residential Code, Part 3 California Electrical Code, Part 4 California Mechanical Code, Part 5 California Plumbing code and Part 9 California Fire Code. Therefore, the Seal Beach Municipal Code is hereby amended by repealing Section 9.60.020 California Codes Adopted by Reference and Amended and substituting with new Section 9.60.020 California Codes Adopted by Reference and Amended all to read as follows:
CHAPTER 9.60 BUILDING CODE
9.60.020 CALIFORNIA CODES ADOPTED BY REFERENCE AND AMENDED
9.60.020.010 BUILDING CODE ADOPTED BY REFERENCE AND AMENDED
9.60.020.010.10 CALIFORNIA BUILDING CODE ADOPTED BY REFERENCE Chapter 1 through 35 and Appendices F, I, J and P of 2022 California Building Code, Title 24 Part 2 of California Code of Regulations, as published by the California Building Standards Commission are hereby adopted by reference pursuant to the provisions of Sections 50022.1 through 50022.10 of the Government Code of the State of California as though fully set forth herein, and made a part of the Seal Beach Municipal Code with the same force and effect as though set out herein in full, including all of the regulations, revisions, conditions and terms contained therein except that those certain sections thereof which are necessary to meet local conditions as hereinafter set forth in Section
9.60.020.010.20 of this Code are hereby repealed, added or amended to read as set forth therein.
The administration of the Building Code shall be as set forth in Section 9.60.010 of this Code.
Not less than one copy of said 2022 California Building Code, Title 24 Part 2 of California Code of Regulations together with any and all amendments thereto proposed by the City of Seal Beach, has been and is now filed in the office of the Community Development Department and shall be remain on file with Building Official, and shall collectively be known as the City of Seal Beach Building Code and may be cited as Section
9.60.020.010 of the Seal Beach Municipal Code.
9.60.020.010.20 CALIFORNIA BUILDING CODE AMENDED
Chapter 1, 9, and 18 of 2022 California Building Code, Title 24 Part 2 of California Code of Regulations adopted by reference as the Building Code of the City of Seal Beach, are hereby amended, deleted or added as follows:
1- Chapter 1 Division II is deleted in its entirety.
2- Chapter 9 is amended in its entirety to read:
Chapter 9 FIRE PROTECTION SYSTEMS. Chapter 9 of Building Code is deleted in its entirety and replaced with Chapter 9 of the California Fire Code as adopted and amended by City of Seal Beach Municipal Code Section 9.60.020.060.10 and
9.60.020.060.20
9.60.020.020 RESIDENTIAL CODE ADOPTED BY REFERENCE AND AMENDED
9.60.020.020.10 CALIFORNIA RESIDENTIAL CODE ADOPTED BY REFERENCE Chapters 2 through 10, Chapter 44 of 2022 California Residential Code, Title 24 Part 2.5 of California Code of Regulations, and Appendix J of 2022 California Building Code, Title 24 Part 2 of California Code of Regulations as published by the California Building Standards Commission, are hereby adopted by reference pursuant to the provisions of Sections 50022.1 through 50022.10 of the Government Code of the State of California as though fully set forth herein, and made a part of the Seal Beach Municipal Code with the same force and effect as though set out herein in full, including all of the regulations, revisions, conditions and terms contained therein except that those certain sections thereof which are necessary to meet local conditions as hereinafter set forth in Section
9.60.020.020.20 of this Code are hereby repealed, added or amended to read as set forth therein.
The administration of the Residential Code shall be as set forth in Section 9.60.010 of this Code.
Not less than one copy of said 2022 California Residential Code, Title 24 Part 2.5 of California Code of Regulations together with any and all amendments thereto proposed by the City of Seal Beach, has been and is now filed in the office of the Community Development Department and shall be remain on file with Building Official, and shall collectively be known as the City of Seal Beach Residential Code and may be cited as Section 9.60.020.020 of the Seal Beach Municipal Code.
9.60.020.020.20 CALIFORNIA RESIDENTIAL CODE AMENDED
Chapter 3 of 2022 California Residential Code, Title 24 Part 2.5 of California Code of Regulations adopted by reference as the Residential Code of the City of Seal Beach, are hereby amended, deleted or added as follows:
1. Section R301.1.1.3.2 is amended in its entirety to read:
R301.1.1.3.2 Wood Frame Structures. The Building Official shall require construction documents to be approved and stamped by a California licensed architect or engineer for all dwellings of wood frame construction more than two stories and basement in height located in Seismic Design Category A, B, or C. Notwithstanding other sections of law, the law establishing these provisions is found in Business and Professions Code Sections 5537 and 6737.1.
The Building Official shall require construction documents to be approved and stamped by a California licensed architect or engineer for all dwellings of wood frame construction more than one story in height or with a basement located in Seismic Design Category D0, D1, or D2 or E.
2. Section R313 Automatic Fire Sprinkler System is amended in its entirety to read:
R313 Automatic Fire Sprinkler System. Section 903 of the Chapter 9 of Seal Beach Fire Code (Title 9 Chapter 9.60 Section 9.60.020.060 Fire Code) is adopted by reference to be the section R313 of the Residential Code.
9.60.020.030 ELECTRICAL CODE ADOPTED BY REFERENCE
9.60.020.030 CALIFORNIA ELECTRICAL CODE ADOPTED BY REFERENCE
89.102 through 89.114 of Article 89, Article 90, Chapters 1 through 9, and Annexes A, B, C, D, E, F, G, H, I and J of 2022 California Electrical Code, Title 24 Part 3 of California Code of Regulations, is hereby adopted by reference pursuant to the provisions of Sections 50022.1 through 50022.10 of the Government Code of the State of California as though fully set forth herein, and made a part of the Seal Beach Municipal Code with the same force and effect as though set out herein in full, including all of the regulations, revisions, conditions and terms contained therein.
The administration of the Electrical Code shall be as set forth in Section 9.60.010 of this Code.
Not less than one copy of said 2022 California Electrical Code, Title 24 Part 3 of California Code of Regulations together with any and all amendments thereto proposed by the City of Seal Beach, has been and is now filed in the office of the Community Development Department and shall be remain on file with Building Official, and shall collectively be known as the City of Seal Beach Electrical Code and may be cited as Section
9.60.020.030 of the Seal Beach Municipal Code.
9.60.020.040 MECHANICAL CODE ADOPTED BY REFERENCE
9.60.020.040 CALIFORNIA MECHANICAL CODE ADOPTED BY REFERENCE Division I Sections 1.2.0 through 1.14.0 of Chapter 1, Chapters 2 through 17 and Appendices B, C and D of 2022 California Mechanical Code, Title 24 Part 4 of California Code of Regulations, as published by the California Building Standards Commission are hereby adopted by reference pursuant to the provisions of Sections 50022.1 through 50022.10 of the Government Code of the State of California as though fully set forth herein, and made a part of the Seal Beach Municipal Code with the same force and effect as though set out herein in full, including all of the regulations, revisions, conditions and terms contained therein.
The administration of the Mechanical Code shall be as set forth in Section 9.60.010 of this Code.
Not less than one copy of said 2022 California Mechanical Code, Title 24 Part 4 of California Code of Regulations together with any and all amendments thereto proposed by the City of Seal Beach, has been and is now filed in the office of the Community Development Department and shall be remain on file with Building Official, and shall collectively be known as the City of Seal Beach Mechanical Code and may be cited as Section 9.60.020.040 of the Seal Beach Municipal Code.
9.60.020.050 PLUMBING CODE ADOPTED BY REFERENCE
9.60.020.050 CALIFORNIA PLUMBING CODE ADOPTED BY REFERENCE Division I Sections 1.2.0 through 1.14.0 of Chapter 1, Chapters 2 through 17 and Appendices A, B, D, H, I and J of 2022 California Plumbing Code, Title 24 Part 5 of California Code of Regulations, as published by the California Building Standards Commission are hereby adopted by reference pursuant to the provisions of Sections 50022.1 through 50022.10 of the Government Code of the State of California as though fully set forth herein, and made a part of the Seal Beach Municipal Code with the same force and effect as though set out herein in full, including all of the regulations, revisions, conditions and terms contained therein.
The administration of the Plumbing Code shall be as set forth in Section 9.60.010 of this Code.
Not less than one copy of said 2022 California Plumbing Code, Title 24 Part 5 of California Code of Regulations together with any and all amendments thereto proposed by the City of Seal Beach, has been and is now filed in the office of the Community Development Department and shall be remain on file with Building Official, and shall collectively be known as the City of Seal Beach Plumbing Code and may be cited as Section
9.60.020.050 of the Seal Beach Municipal Code.
9.60.020.060 FIRE CODE ADOPTED BY REFERENCE AND AMENDED
9.60.020.060.10 CALIFORNIA FIRE CODE ADOPTED BY REFERENCE Chapters 1 Division I and Division II, Chapters 2 through 80 and Appendices B, BB, C, and CC of 2022 California Fire Code, Title 24 Part 9 of California Code of Regulations, as published by the California Building Standards Commission are hereby adopted by reference pursuant to the provisions of Sections 50022.1 through 50022.10 of the Government Code of the State of California as though fully set forth herein, and made a part of the Seal Beach Municipal Code with the same force and effect as though set out herein in full, including all of the regulations, revisions, conditions and terms contained therein except that those certain sections thereof which are necessary to meet local conditions as hereinafter set forth in Section 9.60.020.060.20 of this Code are hereby repealed, added or amended to read as set forth therein.
Not less than one copy of said 2022 California Fire Code, Title 24 Part 9 of California Code of Regulations together with any and all amendments thereto proposed by the City of Seal Beach, has been and is now filed in the office of the Community Development Department and shall be remain on file with Building Official, and shall collectively be known as the City of Seal Beach Fire Code and may be cited as Section 9.60.020.060 of the Seal Beach Municipal Code.
9.60.020.060.20 CALIFORNIA FIRE CODE MODIFIED
Chapter 1, 2, 3, 4, 5, 9, 12, 28, 49, 50, 56, 57, 58 and 80 of 2022 California Fire Code, Title 24 Part 9 of California Code of Regulations adopted by reference as the Fire Code of the City of Seal Beach, are hereby amended, deleted or added as follows:
1. Division II Section 101.1 is amended in its entirety to read:
101.1 Title. These regulations shall be knowns the Fire Code of City of Seal Beach hereinafter referred to as “this code.”
2. Division II Section 112.4 is amended to read:
112.4 Violation penalties. Persons who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or shall fail to comply with any issued orders or notices or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the fire code official, or of a permit or certificate used under provisions of this code, shall be subject to penalties assessed as prescribed in the OCFA Prevention Field Services adopted fee schedule. Each day that a violation continues after due notice has been served shall be deemed a separate offense.
3. A new Division II Section 112.4.2 is added to read:
112.4.2 Infraction and misdemeanor. Persons operating or maintaining any occupancy, premises or vehicle subject to this code that shall permit any fire or life safety hazard to exist on premises under their control shall be guilty of an infraction. Persons who fail to take immediate action to abate a fire or life safety hazard when ordered or notified to do so by the chief or a duly authorized representative are guilty of a misdemeanor.
4. Section 202 is amended to add the following definitions; OCFA: Orange County Fire Authority, fire authority having jurisdiction.
SPARK ARRESTER. A listed device constructed of noncombustible material specifically for the purpose of meeting one of the following conditions:
1. Removing and retaining carbon and other flammable particles/debris from the exhaust flow of an internal combustion engine in accordance with California Vehicle Code Section 38366.
2. Fireplaces that burn solid fuel in accordance with California Building Code Chapter
28. 5. Section 304.1.2 is amended in its entirety to read as follows:
304.1.2 Vegetation. Weeds, grass, vines or other growth that is capable of being ignited and endangering property, shall be cut down and removed by the owner or occupant of the premises. Vegetation clearance requirement in urban-wildland interface areas shall be in accordance with Chapter 49. Type, amount, arrangement, and maintenance of vegetation in a fuel modification area, interior slope, or similarly hazardous area shall be in accordance with OCFA Guideline C-05 “Vegetation Management Guideline—Technical Design for New Construction, Fuel Modification Plans, and Maintenance Program.”
6. A new Section 305.6 is added to read:
305.6 Hazardous conditions. Outdoor fires burning wood or other solid fuel are not allowed when any of the following conditions applies:
1. when predicted sustained winds exceed 8 MPH and relative humidity is less than 25%, or a red flag condition has been declared
2. when an official sign was caused to be posted by the fire code official, or a public announcement is made
No outdoor fires using any fuel type are permitted when predicted sustained winds exceed 20 MPH or when such fires present a hazard as determined by the fire code official.
7. A new Section 305.7 is added to read:
305.7 Disposal of rubbish. Rubbish, trash or combustible waste material shall be burned only within an approved incinerator and in accordance with Section 307.2.1.
8. A new Section 307.6 added to read:
307.6 Outdoor Fireplaces, Fire Pits, Fire Rings, or similar devices used at Group R Occupancies. Outdoor fireplaces, fire pits, fire rings, or similar exterior devices used at Group R shall comply with this section.
Exception: Barbeques, grills, and other portable devices intended solely for cooking.
9. A new Section 307.6.1 added to read:
307.6.1 Gas-fueled devices. Outdoor fireplaces, fire pits and similar devices fueled by natural gas or liquefied-petroleum gas are allowed when approved by the Building Department and the device is designed to only burn a gas flame and not wood or other solid fuel. At R-3 occupancies, combustible construction and vegetation shall not be located within three feet of an atmospheric column that extends vertically from the perimeter of the device. At other R occupancies, the minimum distance shall be ten feet.
Where a permanent Building Department approved hood and vent is installed, combustible construction may encroach upon this column between the bottom of the hood and the vent opening. Where chimneys or vents are installed, they shall have a spark arrester as defined in Section 202.
10. A new Section 307.6.2 added to read:
307.6.2 Devices using wood or fuels other than natural gas or liquefied-petroleum gas. Permanent outdoor fireplaces burning wood or other solid fuel shall be constructed in accordance with the California Building Code with clearance from combustible construction and building openings as required therein. Fires in a fireplace shall be contained within a firebox with an attached chimney. The opening in the face of the firebox shall have an installed and maintained method of arresting sparks.
The burning of wood or other solid fuel in a device is not allowed within 25 feet of combustible structures unless within an approved permanent fireplace, Conditions which could cause a fire to spread within 25 feet of a structure or to vegetation shall be eliminated prior to ignition. Fires in devices burning wood or solid fuel shall be in accordance with Sections 305, 307, and 308.
Exceptions:
1. Portable fireplaces and fire rings/pits equipped with a device to arrest sparks shall be located at least 3’ from combustible construction at R-3 occupancies,
2. Portable fireplaces, and fire pits/rings equipped with a device to arrest sparks, shall be located at least 15 feet from combustible structures at other R occupancies.
11. A new Section 307.6.2.1 added to read:
307.6.2.1 Where prohibited.
The burning of wood and other solid fuels shall not be conducted within a fuel modification zone, Wildfire Risk Area (WRA), Wildland-Urban Interface Area (WUI), or in locations where conditions could cause the spread of fire to the WRA or WUI.
Exceptions:
1. Permanent fireplaces that are not located in a fuel modification zone
2. Where determined by the Fire Code Official that the location or design of the device should reasonably prevent the start of a wildfire.
12. A new Section 321 324 added to read:
321 324 Fuel Modification Requirements for New Construction. All new structures and facilities adjoining land containing hazardous combustible vegetation shall be approved and in accordance with the requirements of OCFA Guideline C-05 “Vegetation Management Guideline – Technical Design for New Construction Fuel Modification Plans and Maintenance Program.”
13. A new Section 322 325 added to read:
322 325 Clearance of brush or vegetation growth from roadways. The fire code official is authorized to cause areas within 10 feet (3048 mm) on each side of portions of highways and private streets which are improved, designed or ordinarily used for vehicular traffic, to be cleared of flammable vegetation and other combustible growth. Measurement shall be from the flow-line or the end of the improved edge of the roadway surfaces.
Exception: Single specimens of trees, ornamental shrubbery or cultivated ground cover such as green grass, ivy, succulents or similar plants used as ground covers, provided that they do not form a means of readily transmitting fire.
14. A new Section 323 326 added to read:
3236 Unusual circumstances. The fire code official may suspend enforcement of the vegetation management requirements and require reasonable alternative measures designed to advance the purpose of this code if determined that in any specific case that any of the following conditions exist:
1. Difficult terrain.
2. Danger of erosion.
3. Presence of plants included in any state and federal resources agencies, California Native Plant Society and county-approved list of wildlife, plants, rare, endangered and/or threatened species.
4. Stands or groves of trees or heritage trees.
5. Other unusual circumstances that make strict compliance with the clearance of vegetation provisions undesirable or impractical.
15. A new Section 324 327 added to read:
324 327 Use of equipment. Except as otherwise provided in this section, no person shall use, operate, or cause to be operated in, upon or adjoining any hazardous fire area any internal combustion engine which uses hydrocarbon fuels, unless the engine is equipped with a spark arrester as defined in Section 202 maintained in effective working order, or the engine is constructed, equipped and maintained for the prevention of fire.
Exceptions:
1. Engines used to provide motor power for trucks, truck tractors, buses, and passenger vehicles, except motorcycles, are not subject to this section if the exhaust system is equipped with a muffler as defined in the Vehicle Code of the State of California.
2. Turbocharged engines are not subject to this section if all exhausted gases pass through the rotating turbine wheel, there is no exhaust bypass to the atmosphere, and the turbocharger is in good mechanical condition.
16. A new Section 324327.1 Use of Equipment and Devices Generating Heat, Sparks or Open Flames added to read:
3247.1 Equipment and devices generating heat, sparks or open flames. During any time of the year within Wildfire Risk Areas, within or immediately adjacent to any forest- or brush-covered land or non-irrigated grass-covered land, no person shall use or operate any welding equipment, cutting torches, tar pots, grinding devices, or other tools or equipment that may produce a spark, fire, or flame that could result in a wildfire without doing the following:
1. First clearing away all flammable material, including snags, from the area around such operation for a distance of 30 feet or other approved method to reduce fire spread into the wildlands. If 30-foot clearing cannot be achieved, then an alternate method shall be approved by the AHJ prior to work starting.
2. Maintain one serviceable round point shovel with an overall length of not less than forty-six (46) inches and one backpack pump water-type fire extinguisher fully equipped and ready for use at the immediate area during the operation.
3. Stop work when winds are 8 MPH or greater during periods when relative humidity is less than 25%, or a red flag condition has been declared or public announcement is made, when an official sign was caused to be posted by the fire code official, or when such fires present a hazard as determined by the fire code official.
4. Keep a cell phone nearby and call 911 immediate in case of fire.
17. A new Section 324327.2 added to read:
324327.2 Spark arresters. Spark arresters shall comply with Section 202, and when affixed to the exhaust system of engines or vehicles subject to Section 324 shall not be placed or mounted in such a manner as to allow flames or heat from the exhaust system to ignite any flammable material.
18. Section 407.5 is amended in its entirety to read:
407.5 Hazardous Materials Inventory Statement. Where required by the fire code official, each application for a permit shall include OCFA’s Chemical Classification Packet in accordance with Section 5001.5.2.
19. Section 501.1 is amended in its entirety to read:
501.1 Scope. Fire service features for buildings, structures and premises shall comply with this chapter and, where required by the fire code official, with OCFA Guideline B0901, “Fire Master Plan for Commercial & Residential Development.”
20. Section 510.1 is amended in its entirety to read:
510.1 Emergency responder radio coverage in new buildings. All new buildings shall have approved radio coverage for emergency responders within the building based upon the existing coverage levels of the public safety communication systems utilized by the jurisdiction, measured at the exterior of the building. This section shall not require improvement of the existing public safety communication systems. The Emergency Responder Radio Coverage System shall comply with the Orange County Sheriff’s Department, Communications and Technology Division guidelines and specifications and, where the functionality or performance requirements in the California Fire Code are more stringent than this code.
Exceptions:
1. In buildings or structures where it is determined by the fire code official that the radio coverage system is not needed, including but not limited to the following:
a. Existing buildings or structures, unless required by the Building Official and OCFA for buildings and structures undergoing extensive remodel and/or expansion.
b. Elevators.
c. Structures that meet all of the following:
i. Three stories or less, and
ii. Do not have subterranean storage or parking, and
iii. Do not exceed 50,000 square feet on any single story. d. Structures that meet all of the following:
i. Residential structures four stories or less, and
ii. Constructed of wood, and
iii. Do not have subterranean storage or parking, and
iv. Are not built integral to an above ground multi-story parking structure.
Should a structure that is three stories or less and 50,000 square feet or smaller on any single story include subterranean storage or parking, then this ordinance shall apply only to the subterranean areas.
2. In facilities where emergency responder radio coverage is required and such systems, components or equipment required could have a negative impact on the normal operations of the facility, the fire code official shall have the authority to accept an automatically activated emergency radio coverage system.
21. Section 510.2 Emergency responder radio coverage in existing buildings is deleted in its entirety.
22. Section 510.3 Permit required is deleted in its entirety.
23.21. Section 903.2 is amended in its entirety to read:
903.2 Where required. Approved automatic sprinkler systems in buildings and structures shall be provided when one of the following conditions exists:
1. New buildings: Notwithstanding any applicable provisions of Sections 903.2.1 through 903.2.1921, an automatic fire-extinguishing system shall also be installed in all occupancies when the total building area exceeds 5,000 square feet as defined in Section 202, regardless of fire areas or allowable area, or is more than two stories in height.
Exception: Subject to approval by the Fire Code Official, open parking garages in accordance with Section 406.5 of the California Building Code. that are smaller than the area specified in section 903.2.10 (3) or 903.2.10.1 of the California Fire Code.
2. Existing Buildings: Notwithstanding any applicable provisions of this code, an automatic sprinkler system shall be provided in an existing building when an addition occurs and one of the following conditions exists:
a. When an addition exceeds 2000 square feet and the resulting building area exceeds 5000 square feet.
Exception: Existing Group R-3 occupancies shall comply with Section 903.2.8 (2).
24.22. Section 903.2.8 is amended in its entirety to read:
903.2.8 Group R. An automatic sprinkler system installed in accordance with Section 903.3 shall be provided throughout all buildings with a Group R fire area as follows:
1. New Buildings: An automatic sprinkler system shall be installed throughout all new buildings, including attached garages.
2. Existing R-3 Buildings: An automatic sprinkler system shall be installed throughout when one of the following conditions exists:
a. All existing Group R occupancies and U-1 garages when the total area is increased by 750 square feet or more.
b. An automatic sprinkler system shall be installed throughout any existing Group R Occupancy building when the floor area of the Alteration or Combination of an Addition and Alteration, is 50% or more of area/value of the existing structure and where the scope of the work exposes building framing and facilitates sprinkler installation and is such that the Building/Fire Code Official determines that the complexity of installing a sprinkler system would be similar as in a new building. c. Any addition to an existing building which has fire sprinklers installed.
Exceptions:
1. Existing Group R-3 occupancies converted to Group R-3.1 occupancies not housing bedridden clients, not housing nonambulatory 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 425.8.3.3.
3. Pursuant to Health and Safety Code Section 13113 occupancies housing ambulatory children only, none of whom are mentally ill or mentally retarded, 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 such children have an automatic fire alarm system activated by approved smoke detectors.
4. Pursuant to Health and Safety Code Section 13143.6 occupancies licensed for protective social care which house ambulatory clients only, none of whom is a child (under the age of 18 years), or who is elderly (65 years of age or over).
When not used in accordance with Section 504.2 or 506.3 an automatic sprinkler system installed in accordance with Section 903.3.1.2 shall be allowed in Group R2.1 occupancies.
An automatic sprinkler system designed in accordance with Section 903.3.1.3 shall not be utilized in Group R-2.1 or R-4 occupancies.
25.23. A new Section 903.3.5.3 is added to read:
903.3.5.3 Hydraulically calculated systems. The design of hydraulically calculated fire sprinkler systems shall not exceed 90% of the water supply capacity.
Exception: When static pressure exceeds 100 psi, and required by the Fire Code Official, the fire sprinkler system shall not exceed water supply capacity specified by Table 903.3.5.3.
26. Section 1205.2 Access and Pathways. Exception 3 is revised as follows:
Building-Integrated photovoltaic (BIPV) systems where the BIPV systems are approved, integrated into the finished roof surface, and are listed in accordance with a national test standard developed to address Section 690.12(B)(2) of the California Electrical Code need to have smoke ventilation opportunity areas. The removal or cutting away of portions of the BPIV system during firefighting operations shall not expose a firefighter to electrical shock hazard.
27.24. Section 2801.2 is amended in its entirety to read:
2801.2 Permit. Permits shall be required as set forth in Section 105.6 and 105.6.29.
28.25. Section 2808.2 is amended in its entirety to read:
2808.2 Storage site. Storage sites shall be level and on solid ground, elevated soil lifts or other all-weather surface. Sites shall be thoroughly cleaned and approval obtained from the fire code official before transferring products to the site.
29.26. Section 2808.3 is amended in its entirety to read:
2808.3 Size of piles. Piles shall not exceed 15 feet in height, 50 feet in width and 100 feet in length.
Exception: The fire code official is authorized to allow the pile size to be increased where a fire protection plan is provided for approval that includes, but is not limited to, the following:
1. Storage yard areas and materials-handling equipment selection, design and arrangement shall be based upon sound fire prevention and protection principles.
2. Factor that lead to spontaneous heating shall be identified in the plan, and control of the various factors shall be identified and implemented, including provisions for monitoring the internal condition of the pile.
3. The plan shall include means for early fire detection and reporting to the public fire department; and facilities needed by the fire department for fire extinguishment including a water supply and fire hydrants.
4. Fire apparatus access roads around the piles and access roads to the top of the piles shall be established, identified and maintained.
5. Regular yard inspections by trained personnel shall be included as part of an effective fire prevention maintenance program.
Additional fire protection called for in the plan shall be provided and shall be installed in accordance with this code. The increase of the pile size shall be based upon the capabilities of the installed fire protection system and features.
30.27. Section 2808.4 is amended in its entirety to read:
2808.4. Pile separation. Piles shall be separated from adjacent piles by a minimum distance of 20 feet. Additionally, piles shall have a minimum separation of 100 feet from combustible vegetation.
31.28. Section 2808.7 is amended in its entirety to read:
2808.7 Pile fire protection. Automatic sprinkler protection shall be provided in conveyor tunnels and combustible enclosures that pass under a pile. Combustible conveyor systems and enclosed conveyor systems shall be equipped with an approved automatic sprinkler system. Oscillating sprinklers with a sufficient projectile reach are required to maintain a 40% to 60% moisture content and wet down burning/smoldering areas.
32.29. Section 2808.9 is amended in its entirety to read:
2808.9 Material-handling equipment. All material-handling equipment operated by an internal combustion engine shall be provided and maintained with an approved spark arrester. Approved material-handling equipment shall be available for moving wood chips, hogged material, wood fines and raw product during fire-fighting operations.
33.30. A new Section 2808.11 is added to read:
2808.11 Temperature control. The temperature shall be monitored and maintained as specified in Sections 2808.11.1 and 2808.11.2.
2808.11.1 Pile temperature control. Piles shall be rotated when internal temperature readings are in excess of 165 degrees Fahrenheit.
2808.11.2 New material temperature control. New loads delivered to the facility shall be inspected and tested at the facility entry prior to taking delivery. Material with temperature exceeding 165 degrees Fahrenheit shall not be accepted on the site. New loads shall comply with the requirements of this chapter and be monitored to verify that the temperature remains stable.
34.31. A new Section 2808.12 is added to read:
2808.12 Water Availability. Facilities with over 2500 cubic feet shall provide a water supply. The minimum fire flow shall be no less than 500 GPM @ 20 psi for a minimum of 1 hour duration for pile heights up to 6 feet and 2 hour duration for pile heights over 6 feet. If there is no water purveyor, an alternate water supply with storage tank(s) shall be provided for fire suppression. The water supply tank(s) shall provide a minimum capacity of 2500 gallons per pile (maximum 30,000 gallons) for piles not exceeding 6 feet in height and 5000 gallons per pile (maximum 60,000) for piles exceeding 6 feet in height. Water tank(s) shall not be used for any other purpose unless the required fire flow is left in reserve within the tank at all times. An approved method shall be provided to maintain the required amount of water within the tank(s).
35.32. A new Section 2808.13 is added to read:
2808.13 Tipping areas shall comply with the following:
1. Tipping areas shall not exceed a maximum area of 50 feet by 50 feet.
2. Material within a tipping area shall not exceed 5 feet in height at any time.
3. Tipping areas shall be separated from all piles by a 20-foot-wide fire access lane.
4. A fire hydrant or approved fire water supply outlet shall be located within 150 feet of all points along the perimeter of the tipping area.
5. All material within a tipping area shall be processed within 5 days of receipt.
36.33. A new Section 2808.14 is added to read:
2808.14 Emergency Contact. The contact information of a responsible person or persons shall be provided to the Fire Department and shall be posted at the entrance to the facility for responding units. The responsible party should be available to respond to the business in emergency situation.
37.34. A new Section 2808.15 Maximum Grid of Piles and Rows is hereby added as follows:
2808.15 Maximum Grid of Piles and Rows, Rows of Piles shall not exceed 500 feet by 500 feet. Grids shall be separated by a minimum 50 foot clear space used for no other purpose.
38.35. A new Section 2808.16 Push-out / Clear area is hereby added as follows:
2808.16 Push-out / Clear area Piles exceeding 20 cubic yards shall be provided with pushout areas. Push-out areas shall be maintained clear at all times to allow for the largest pile to be spread out to a depth of 2 feet in height. Push-out areas shall be located within 250 feet of all edges of any pile and shall be located a minimum of 20 feet from any building.
39.36. A new Section 4903.3 Fuel Modification Plans is hereby added as follows:
4903.3 Fuel Modification Plans. Fuel modification plans shall be reviewed and approved by OCFA for all new buildings to be built or installed in a wildfire risk area. Plans shall meet the criteria set forth in OCFA Guideline C 05 “Vegetation Management Guideline – Technical Design for New Construction Fuel Modification Plans and Maintenance Program.”
40.37. Section 5001.5.2 is amended in its entirety to read:
5001.5.2 Hazardous Materials Inventory Statement (HMIS). Where required by the fire code official, an application for a permit shall include Orange County Fire Authority’s Chemical Classification Packet, which shall be completed and approved prior to approval of plans, and/or the storage, use or handling of chemicals on the premises. The Chemical Classification Packet shall include the following information:
1. Product Name.
2. Component.
3. Chemical Abstract Service (CAS) number.
4. Location where stored or used.
5. Container size.
6. Hazard classification.
7. Amount in storage.
8. Amount in use-closed systems.
9. Amount in use-open systems.
41.38. A new Section 5003.1.1.1 is added to read:
5003.1.1.1 Extremely Hazardous Substances. No person shall use or store any amount of extremely hazardous substances (EHS) in excess of the disclosable amounts (see Health and Safety Code Section 25500 et al) in a residential zoned or any residentially developed property.
42.39. A new Section 5608.2 is added to read:
5608.2 Firing. All fireworks display, regardless of mortar, device, or shell size, shall be electrically fired.
43.40. A new Section 5608.3 is added to read:
Section 5608.3 Application for Permit. A diagram of the grounds on which the display is to be held showing the point at which the fireworks are to be discharged, the fallout area based on 100 feet per inch of shell size, the location of all buildings, roads, and other means of transportation, the lines behind which the audience will be restrained, the location of all nearby trees, telegraph or telephone line, or other overhead obstructions shall be provided to OCFA.
44.41. NFPA 13, 2022 Edition, Standard for the Installation of Sprinkler Systems Section is amended in its entirety to read:
Section 16.12.3.3 is hereby revised as follows:
16.12.3.3 Fire department connections (FDC) shall be of an approved type. The location shall be approved and be no more than 150 feet from a public hydrant. The FDC may be located within 150 feet of a private fire hydrant when approved by the fire code official. The size of piping and the number of 2½” inlets shall be approved by the fire code official. If acceptable to the water authority, it may be installed on the backflow assembly. Fire department inlet connections shall be painted OSHA safety red or as approved. When the fire sprinkler density design requires more than 500 gpm (including inside hose stream demand), or a standpipe system is included, four 2½” inlets shall be provided.
Section 9.4.3.1 is hereby revised as follows:
9.4.3.1 When fire sprinkler systems are installed in shell buildings of undetermined use (Spec Buildings) other than warehouses (S occupancies), fire sprinklers of the quickresponse type shall be used. Use is considered undetermined if a specific tenant/occupant is not identified at the time the fire sprinkler plan is submitted. Sprinklers in light hazard occupancies shall be one of the following:
(1) Quick-response type as defined in 3.6.4.8
(2) Residential sprinklers in accordance with the requirements of 8.4.5 (3) Quick response CMSA sprinklers
(4) ESFR sprinklers
(5) Standard-response sprinklers used for modifications or additions to existing light hazard systems equipped with standard-response sprinklers (6) Standard-response sprinklers used where individual standard-response sprinklers are replaced in existing light hazard systems
Section 9.2.1.7 is hereby revised as follows:
9.2.1.7 Concealed spaces filled with noncombustible insulation shall not require sprinkler protection when approved by fire code official.
45.42. NFPA 13D 2022 Edition, Standard for the Installation of Sprinkler Systems in One- and Two-Family Dwellings and Manufactured Homes is amended in its entirety to read:
Section 7.1.2 is hereby revised as follows:
7.1.2 The sprinkler system piping shall not have separate control valves installed unless supervised by a central station, proprietary, or remote station alarm service.
46.43. NFPA 14, 2019 Edition, Installation of Standpipe and Hose Systems is hereby amended as follows:
Section 7.3.1.1 is hereby is deleted in its entirety.
47.44. NFPA 24, 2019 Edition, Standard for the Installation of Private Fire Service Mains and Their Appurtenances is amended as follows :
Section 6.2.8.1 is hereby added as follows:
6.2.8.1 All indicating valves controlling fire suppression water supplies shall be painted OSHA red.
Exceptions:
1. Brass or bronze valves on sprinkler risers mounted to the exterior of the building may be left unpainted.
2. Where OS&Y valves on the detector check assembly are the only control valves, at least one OS&Y valve shall be painted red.
Section 6.2.9 is hereby amended as follows:
All connections to private fire service mains for fire protection systems shall be arranged in accordance with one of the following so that they can be isolated:
(1) A post indicator valve installed not less than 40 ft (12 m) from the building (a) For buildings less than 40 ft (12 m) in height, a post indicator valve shall be permitted to be installed closer than 40 ft (12 m) but at least as far from the building as the height of the wall facing the post indicator valve. (2) A wall post indicator valve
(3) An indicating valve in a pit, installed in accordance with Section 6.4 (4) A backflow preventer with at least one indicating valve not less than 40 ft (12 m) from the building
(a) For buildings less than 40 ft (12 m) in height, a backflow preventer with at least one indicating valve shall be permitted to be installed closer than 40 ft (12 m) but at least as far from the building as the height of the wall facing the backflow preventer.
(5) Control valves installed in a fire-rated room accessible from the exterior (6) Control valves in a fire-rated stair enclosure accessible from the exterior Section 10.1.5 is hereby added as follows:
10.1.5 All ferrous pipe and joints shall be polyethylene encased per AWWA C150, Method A, B, or C. All fittings shall be protected with a loose 8-mil polyethylene tube or sheet. The ends of the tube or sheet shall extend past the joint by a minimum of 12 inches and be sealed with 2-inch-wide tape approved for underground use. Galvanizing does not meet the requirements of this section.
Exception: 304 or 316 Stainless Steel pipe and fittings Section 10.4.1.1 is hereby revised as follows:
10.4.1.1 All bolted joint accessories shall be cleaned and thoroughly coated with asphalt or other corrosion-retarding material after installation.
Exception: Bolted joint accessories made from 304 or 316 stainless steel.
Section 10.4.1.1.1 is hereby added as follows:
10.4.1.1.1 All bolts used in pipe-joint assembly shall be 316 stainless steel.
Section 10.4.3.2 is hereby deleted and replaced as follows.
10.4.3.2 Where fire service mains enter the building adjacent to the foundation, the pipe may run under a building to a maximum of 24 inches, as measured from the interior face of the exterior wall to the center of the vertical pipe. The pipe under the building or building foundation shall be 304 or 316 stainless steel and shall not contain mechanical joints or it shall comply with 10.4.3.2.1 through 10.4.3.2.4.
9.60.020.070 EFFECT OF ADOPTION
The adoption of the City Building, Residential, Electrical, Mechanical, Plumbing, Fire Code and the repeal, addition or amendment of ordinances by this code shall not affect the following matters:
(A) Actions and proceedings which began the effective date of this code. (B) Prosecution for ordinance violations committed before the effective date of this code. (C) Licenses and penalties due and unpaid at the effective date of this code, and the collection of these licenses and penalties.
(D) Bonds and cash deposits required to be posted, filed or deposited pursuant to any ordinance.
(E) Matters of record which refer to or are connected with ordinances the substances of which are included in this code; these references shall be construed to apply to the corresponding provisions of the code.
9.60.020.080 PENALTY; VIOLATIONS
(A) General penalty; continuing violations. Every act prohibited or declared unlawful and every failure to perform an act required by this code is a misdemeanor or an infraction as set forth in the said respective pertinent sections of this code and any person causing or permitting a violation of any such section of said code shall be subject to the penalties ascribed to each such section as set forth herein.
(B) Violations including aiding, abetting, and concealing. Every person who causes, aids, abets or conceals the fact of a violation of this code is guilty of violating this code. (C) Enforcement by civil action. In addition to the penalties provided herein, the said code may be enforced by civil action. Any condition existing in violation of this code is a public nuisance and may be summarily abated by the city.
Section 3. Severability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held out to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this ordinance. The City Council of the City of Seal Beach hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsection, sentence clause, phrases or portions be declared valid or unconstitutionally.
Section 4. Continuity. To the extent the provisions of this Ordinance are substantially the same as previous provisions of the Seal Beach Municipal Code, these provisions will be construed as continuations of those provisions and not as amendments of the earlier provisions.
Section 5. Intent to Comply with Laws. The City Council intends this Ordinance to supplement, not to duplicate or contradict, applicable state and federal law and this Ordinance will be construed in light of that intent.
Section 6. Severability. If any section, 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, such decision will not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.
Section 7. Publication. The City Clerk is directed to cause this ordinance to be published in the manner required by law.
Section 8. Effective Date. This Ordinance will take effect on January 1st, 2023.
INTRODUCED at a regular meeting of the City Council of the City of Seal Beach held on the 7th day of November, 2022.
PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular meeting held on the ___ day of _______, 2022.
AYES: Council Members _______________________________________ NOES: Council Members _______________________________________ ABSENT: Council Members _______________________________________ ABSTAIN: Council Members _______________________________________ __________________________
Joe Kalmick, Mayor
ATTEST:
___________________________
Gloria D. Harper, City Clerk
APPROVED AS TO FORM:
_________________________
Craig A. Steele, City Attorney
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Gloria D. Harper, City Clerk of the City of Seal Beach, do hereby certify that the foregoing Urgency Ordinance was introduced for first reading at a regular meeting of the City Council of the City of Seal Beach held on the 7th day of November, 2022, and was passed, approved, and adopted by the City Council at a regular meeting on the ____ day of _______, 2022. ___________________________
Gloria D. Harper, City Clerk
ATTACHMENT A
LOCAL AMENDMENT FINDINGS
CALIFORNIA FIRE CODE
LOCAL AMENDMENT FINDINGS
I. Climatic Conditions
A. Orange County is located in a semi-arid Mediterranean type climate. It annually experiences extended periods of high temperatures with little or no precipitation. Hot, dry (Santa Ana) winds, which may reach speeds of 70 M.P.H. or greater, are also common to the area. These climatic conditions cause extreme drying of vegetation and common building materials. Frequent periods of drought and low humidity add to the fire danger.
This predisposes the area to large destructive fires (conflagration). In addition to directly damaging or destroying buildings, these fires are also prone to disrupt utility services throughout the County. Obstacles generated by a strong wind, such as fallen trees, street lights and utility poles will greatly impact the response time to reach an incident scene.
B. The climate alternates between extended periods of drought and brief flooding conditions.
Flood conditions may affect the Orange County Fire Authority’s ability to respond to a fire or emergency condition. Floods also disrupt utility services to buildings and facilities within the County.
C. Water demand in this densely populated area far exceeds the quantity supplied by natural precipitation; and although the population continues to grow, the already-taxed water supply does not. California is projected to increase in population by nearly 10 million over the next quarter of a century with 50 percent of that growth centered in Southern California.
Due to storage capacities and consumption, and a limited amount of rainfall future water allocation is not fully dependable. This necessitates the need for additional and on-site fire protection features.
D. These dry climatic conditions and winds contribute to the rapid spread of even small fires originating in high-density housing or vegetation. These fires spread very quickly and create a need for increased levels of fire protection. The added protection of fire sprinkler systems and other fire protection features will supplement normal fire department response by providing immediate protection for the building occupants and by containing and controlling the fire spread to the area of origin. Fire sprinkler systems will also reduce the use of water for firefighting by as much as 50 to 75 percent.
II. Topographical conditions
A. Natural; slopes of 15 percent or greater generally occur throughout the foothills of Orange County. The elevation change caused by the hills creates the geological foundation on which communities with Orange County is built and will continue to build. With much of the populated flatlands already built upon, future growth will occur on steeper slopes and with greater constraints in terrain.
B. Traffic and circulation congestion is an artificially created, obstructive topographical condition, which is common throughout Orange County.
C. These topographical conditions combine to create a situation that places fire department response time to fire occurrences at risk and makes it necessary to provide automatic onsite fire-extinguishing systems and other protection measures to protect occupants and property.
III. Geological Conditions
The Orange County region is a densely populated area that has buildings constructed over and near a vast and complex network of faults that are believed to be capable of producing future earthquakes similar or greater in size than the 1994 Northridge and the 1971 Sylmar earthquakes. Earthquake faults run along the northeast and southwest boundaries of Orange County. The Newport-Inglewood Fault, located within Orange County was the source of the destructive 1933 Long Beach earthquake (6.3 magnitude) which took 120 lives and damaged buildings in an area from Laguna Beach to Marina Del Rey to Whittier. In December 1989, another earthquake occurred in the jurisdiction of Irvine at an unknown fault line. Regional planning for reoccurrence of earthquakes is recommended by the state of California, Department of Conservation.
A. Previous earthquakes have been accompanied by disruption of traffic flow and fires. A severe seismic event has the potential to negatively impact any rescue or fire suppression activities because it is likely to create obstacles similar to those indicated under the high wind section above. The October 17, 1989, Santa Cruz earthquake resulted in one major fire in the Marina District (San Francisco). When combined with the 34 other fires locally and over 500 responses, the department was taxed to its fullest capabilities. The Marina fire was difficult to contain because mains supplying water to the district burst during the earthquake. This situation creates the need for both additional fire protection and automatic on-site fire protection for building occupants. State Department of Conservation noted in their 1988 report (Planning Scenario on a Major Earthquake on the NewportInglewood Fault Zone, page 59), “unfortunately, barely meeting the minimum earthquake standards of building codes places a building on the verge of being legally unsafe.” B. Road circulation features located throughout the County also make amendments reasonably necessary. Located through the County are major roadways, highways and flood control channels that create barriers and slow response times. Hills, slopes, street and storm drain design, accompanied by occasional heavy rainfall, causes roadway flooding and landslides and at times may make an emergency access route impassable.
There are areas in Orange County that naturally have extended emergency response times that exceed the 5 minute goal.
C. Soils throughout the County possess corrosive properties that reduce the expected usable life of water services when metallic pipes are in contact with soils.
Due to the topographical conditions of sprawling development separated by waterways and narrow and congested streets and the expected infrastructure damage inherent in seismic zones described above, it is prudent to rely on automatic fire sprinkler systems to mitigate extended fire department response time and keep fires manageable with reduced fire flow (water) resources available for a given structure. Additional fire protection is also justified to match the current resources of firefighting equipment and personnel within the Orange County Fire Authority.
2019 California Fire Code
Amendment Findings Legend
CODE
SECTION
TITLE (Clarification) FINDINGS
112.4 Violation penalties Administrative
112.4.2 Infraction & Misdemeanor Administrative
202 General definitions Administrative
304.1.2 OCFA Vegetation Management I
305.6 Hazardous conditions I & II
305.7 Disposal of rubbish I & II
307 Open burning, recreational fires, fire pits, fire rings, and outdoor fireplaces
Administrative
307.6 Fire Pits, Fire Rings, & Outdoor Fireplaces Administrative 307.6.1 Gas-fueled devices I & II
307.6.2 Devices using wood or fuels other than natural gas or LPG I & II 307.6.2.1 Where prohibited I & II
308.1.6.3 Sky lanterns I & III
324 Fuel modification requirements for new construction I 325 Clearance of brush or vegetation growth from roadways I 326 Unusual circumstances Administrative
327 Use of equipment I
327.1 Use of equipment and devices generating heat, sparks or open flames
I
324.2 Spark arresters I
407.5 Hazardous material inventory statement I & II
501.1 Scope Administrative, I, II & III
510.1 Emergency responder radio coverage Administrative 903.2 Where required (Sprinklers) I, II & III
903.2.8 Group R (Sprinklers) I, II & III
903.3.5.3 Hydraulically calculated systems I & II
1205.2 Building Integrated PV System, Roof Ventilation Administrative 2801.2 Permit Administrative
2808.2 Storage site Administrative
2808.3 Size of piles I
2808.4 Pile separation I
2808.7 Pile fire protection I
2808.9 Material-handling equipment I
2808.11 Temperature control I
2808.11.1 Pile temperature control I
2808.11.2 New material temperature control I
2808.12 Water availability for piles I
2808.13 Tipping area I
2808.14 Emergency contact information Administrative
2808.15 Defining maximum separation contact Administrative 2808.16 Push-out area dentification Administrative
4903.3 OCFA Vegetation Management Guideline I
4906.3 New definition as stated in Chapter 49 I
5001.5.2 Hazardous materials inventory statement Administrative 5003.1.1.1 Extremely hazardous substances I & III
5608.2 Retail fireworks Administrative
5608.3 Application for permit Administrative
5801.1 Scope N/A
Chapter 80 Reference Standards N/A
2016 NFPA 13 (Sprinkler Systems) Administrative, II & III 2016 NFPA 13-D (Single Family Sprinkler Systems) I & II 2013 NFPA 14 (Standpipe Systems) Administrative
2016 NFPA 24 (Underground Water Supply Systems) Administrative & III ORDINANCE 1700
AN ORDINANCE OF THE CITY OF SEAL BEACH CITY
COUNCIL AMENDING THE CITY OF SEAL BEACH MUNICIPAL
CODE BY MODIFYING TITLE 9 CHAPTER 9.60 BUILDING CODE
THEREOF AND ADOPTING BY REFERENCE THE 2022
CALIFORNIA BUILDING CODE, 2022 CALIFORNIA
RESIDENTIAL CODE, 2022 CALIFORNIA ELECTRICAL CODE,
2022 CALIFORNIA MECHANICAL CODE, 2022 CALIFORNIA
PLUMBING CODE, 2022 CALIFORNIA FIRE CODE WITH
CERTAIN AMENDMENTS, ADDITIONS AND DELETIONS
THERETO PURSUANT TO LOCAL FINDINGS
THE SEAL BEACH CITY COUNCIL DOES ORDAIN AS FOLLOWS:
Section 1. Findings.
A. California law requires that on January 1, 2023, all portions of the 2023 California Code of Regulations Title 24 will be effective within the City: and, B. Pursuant to California Health and Safety Code Sections 17958, 17958.5, 17958.7 and 18941.5, the City may amend the provisions of the California Code of Regulations Title 24 provided express findings for each amendment, addition or deletion is made based upon express findings that such changes are reasonably necessary because of local climatic, topographical or geological conditions.
C. The City shall file the amendments, additions or deletions shall be filed with California Building Standards Commission.
D. The City of Seal Beach is located in a densely populated coastal area in the northwest portion of Orange that is more prone to high winds, earthquakes, and fire, more difficult for firefighters to access than many other areas in California.
E. The Building Official has recommended modifying certain Parts of California Code of Regulations Title 24 due to local conditions in the City of Seal Beach.
F. The findings supporting the necessity for the amendments to building standards herein are contained in Attachment A to this ordinance in accordance with California Health and Safety Code Section 18941.5 and such findings are adopted and incorporated by reference herein.
G. The City held a public hearing on XXXXXX, 2022, at which time all interested persons had the opportunity to appear and be heard on the matter adopting the Codes, as amended.
H. The City published notice of the aforementioned hearing pursuant to California Government Code Section 6066 on XXXXXXX, 2022 and XXXXXXX, 2022.
I. In accordance with Section 15061(b)(3) of Title 14 of the California Code of Regulations, the adoption of local amendments to the California Building Standards Code, and amending the Seal Beach Municipal Code, are exempt from the provisions of the California Environmental Quality Act.
J. Any and all other legal prerequisites relating to the adoption of this Ordinance have occurred.
Section 2. The purpose of this ordinance is to adopt by reference and amend the California Code of Regulations, Title 24, Part 2 California Building Code, Part 2.5 California Residential Code, Part 3 California Electrical Code, Part 4 California Mechanical Code, Part 5 California Plumbing code and Part 9 California Fire Code. Therefore, the Seal Beach Municipal Code is hereby amended by repealing Section 9.60.020 California Codes Adopted by Reference and Amended and substituting with new Section 9.60.020 California Codes Adopted by Reference and Amended all to read as follows:
CHAPTER 9.60 BUILDING CODE
9.60.020 CALIFORNIA CODES ADOPTED BY REFERENCE AND AMENDED
9.60.020.010 BUILDING CODE ADOPTED BY REFERENCE AND AMENDED
9.60.020.010.10 CALIFORNIA BUILDING CODE ADOPTED BY REFERENCE Chapter 1 through 35 and Appendices F, I, J and P of 2022 California Building Code, Title 24 Part 2 of California Code of Regulations, as published by the California Building Standards Commission are hereby adopted by reference pursuant to the provisions of Sections 50022.1 through 50022.10 of the Government Code of the State of California as though fully set forth herein, and made a part of the Seal Beach Municipal Code with the same force and effect as though set out herein in full, including all of the regulations, revisions, conditions and terms contained therein except that those certain sections thereof which are necessary to meet local conditions as hereinafter set forth in Section
9.60.020.010.20 of this Code are hereby repealed, added or amended to read as set forth therein.
The administration of the Building Code shall be as set forth in Section 9.60.010 of this Code.
Not less than one copy of said 2022 California Building Code, Title 24 Part 2 of California Code of Regulations together with any and all amendments thereto proposed by the City of Seal Beach, has been and is now filed in the office of the Community Development Department and shall be remain on file with Building Official, and shall collectively be known as the City of Seal Beach Building Code and may be cited as Section
9.60.020.010 of the Seal Beach Municipal Code.
9.60.020.010.20 CALIFORNIA BUILDING CODE AMENDED
Chapter 1, 9, and 18 of 2022 California Building Code, Title 24 Part 2 of California Code of Regulations adopted by reference as the Building Code of the City of Seal Beach, are hereby amended, deleted or added as follows:
1- Chapter 1 Division II is deleted in its entirety.
2- Chapter 9 is amended in its entirety to read:
Chapter 9 FIRE PROTECTION SYSTEMS. Chapter 9 of Building Code is deleted in its entirety and replaced with Chapter 9 of the California Fire Code as adopted and amended by City of Seal Beach Municipal Code Section 9.60.020.060.10 and
9.60.020.060.20
9.60.020.020 RESIDENTIAL CODE ADOPTED BY REFERENCE AND AMENDED
9.60.020.020.10 CALIFORNIA RESIDENTIAL CODE ADOPTED BY REFERENCE Chapters 2 through 10, Chapter 44 of 2022 California Residential Code, Title 24 Part 2.5 of California Code of Regulations, and Appendix J of 2022 California Building Code, Title 24 Part 2 of California Code of Regulations as published by the California Building Standards Commission, are hereby adopted by reference pursuant to the provisions of Sections 50022.1 through 50022.10 of the Government Code of the State of California as though fully set forth herein, and made a part of the Seal Beach Municipal Code with the same force and effect as though set out herein in full, including all of the regulations, revisions, conditions and terms contained therein except that those certain sections thereof which are necessary to meet local conditions as hereinafter set forth in Section
9.60.020.020.20 of this Code are hereby repealed, added or amended to read as set forth therein.
The administration of the Residential Code shall be as set forth in Section 9.60.010 of this Code.
Not less than one copy of said 2022 California Residential Code, Title 24 Part 2.5 of California Code of Regulations together with any and all amendments thereto proposed by the City of Seal Beach, has been and is now filed in the office of the Community Development Department and shall be remain on file with Building Official, and shall collectively be known as the City of Seal Beach Residential Code and may be cited as Section 9.60.020.020 of the Seal Beach Municipal Code.
9.60.020.020.20 CALIFORNIA RESIDENTIAL CODE AMENDED
Chapter 3 of 2022 California Residential Code, Title 24 Part 2.5 of California Code of Regulations adopted by reference as the Residential Code of the City of Seal Beach, are hereby amended, deleted or added as follows:
1. Section R301.1.1.3.2 is amended in its entirety to read:
R301.1.1.3.2 Wood Frame Structures. The Building Official shall require construction documents to be approved and stamped by a California licensed architect or engineer for all dwellings of wood frame construction more than two stories and basement in height located in Seismic Design Category A, B, or C. Notwithstanding other sections of law, the law establishing these provisions is found in Business and Professions Code Sections 5537 and 6737.1.
The Building Official shall require construction documents to be approved and stamped by a California licensed architect or engineer for all dwellings of wood frame construction more than one story in height or with a basement located in Seismic Design Category D0, D1, or D2 or E.
2. Section R313 Automatic Fire Sprinkler System is amended in its entirety to read:
R313 Automatic Fire Sprinkler System. Section 903 of the Chapter 9 of Seal Beach Fire Code (Title 9 Chapter 9.60 Section 9.60.020.060 Fire Code) is adopted by reference to be the section R313 of the Residential Code.
9.60.020.030 ELECTRICAL CODE ADOPTED BY REFERENCE
9.60.020.030 CALIFORNIA ELECTRICAL CODE ADOPTED BY REFERENCE
89.102 through 89.114 of Article 89, Article 90, Chapters 1 through 9, and Annexes A, B, C, D, E, F, G, H, I and J of 2022 California Electrical Code, Title 24 Part 3 of California Code of Regulations, is hereby adopted by reference pursuant to the provisions of Sections 50022.1 through 50022.10 of the Government Code of the State of California as though fully set forth herein, and made a part of the Seal Beach Municipal Code with the same force and effect as though set out herein in full, including all of the regulations, revisions, conditions and terms contained therein.
The administration of the Electrical Code shall be as set forth in Section 9.60.010 of this Code.
Not less than one copy of said 2022 California Electrical Code, Title 24 Part 3 of California Code of Regulations together with any and all amendments thereto proposed by the City of Seal Beach, has been and is now filed in the office of the Community Development Department and shall be remain on file with Building Official, and shall collectively be known as the City of Seal Beach Electrical Code and may be cited as Section
9.60.020.030 of the Seal Beach Municipal Code.
9.60.020.040 MECHANICAL CODE ADOPTED BY REFERENCE
9.60.020.040 CALIFORNIA MECHANICAL CODE ADOPTED BY REFERENCE Division I Sections 1.2.0 through 1.14.0 of Chapter 1, Chapters 2 through 17 and Appendices B, C and D of 2022 California Mechanical Code, Title 24 Part 4 of California Code of Regulations, as published by the California Building Standards Commission are hereby adopted by reference pursuant to the provisions of Sections 50022.1 through 50022.10 of the Government Code of the State of California as though fully set forth herein, and made a part of the Seal Beach Municipal Code with the same force and effect as though set out herein in full, including all of the regulations, revisions, conditions and terms contained therein.
The administration of the Mechanical Code shall be as set forth in Section 9.60.010 of this Code.
Not less than one copy of said 2022 California Mechanical Code, Title 24 Part 4 of California Code of Regulations together with any and all amendments thereto proposed by the City of Seal Beach, has been and is now filed in the office of the Community Development Department and shall be remain on file with Building Official, and shall collectively be known as the City of Seal Beach Mechanical Code and may be cited as Section 9.60.020.040 of the Seal Beach Municipal Code.
9.60.020.050 PLUMBING CODE ADOPTED BY REFERENCE
9.60.020.050 CALIFORNIA PLUMBING CODE ADOPTED BY REFERENCE Division I Sections 1.2.0 through 1.14.0 of Chapter 1, Chapters 2 through 17 and Appendices A, B, D, H, I and J of 2022 California Plumbing Code, Title 24 Part 5 of California Code of Regulations, as published by the California Building Standards Commission are hereby adopted by reference pursuant to the provisions of Sections 50022.1 through 50022.10 of the Government Code of the State of California as though fully set forth herein, and made a part of the Seal Beach Municipal Code with the same force and effect as though set out herein in full, including all of the regulations, revisions, conditions and terms contained therein.
The administration of the Plumbing Code shall be as set forth in Section 9.60.010 of this Code.
Not less than one copy of said 2022 California Plumbing Code, Title 24 Part 5 of California Code of Regulations together with any and all amendments thereto proposed by the City of Seal Beach, has been and is now filed in the office of the Community Development Department and shall be remain on file with Building Official, and shall collectively be known as the City of Seal Beach Plumbing Code and may be cited as Section
9.60.020.050 of the Seal Beach Municipal Code.
9.60.020.060 FIRE CODE ADOPTED BY REFERENCE AND AMENDED
9.60.020.060.10 CALIFORNIA FIRE CODE ADOPTED BY REFERENCE Chapters 1 Division I and Division II, Chapters 2 through 80 and Appendices B, BB, C, and CC of 2022 California Fire Code, Title 24 Part 9 of California Code of Regulations, as published by the California Building Standards Commission are hereby adopted by reference pursuant to the provisions of Sections 50022.1 through 50022.10 of the Government Code of the State of California as though fully set forth herein, and made a part of the Seal Beach Municipal Code with the same force and effect as though set out herein in full, including all of the regulations, revisions, conditions and terms contained therein except that those certain sections thereof which are necessary to meet local conditions as hereinafter set forth in Section 9.60.020.060.20 of this Code are hereby repealed, added or amended to read as set forth therein.
Not less than one copy of said 2022 California Fire Code, Title 24 Part 9 of California Code of Regulations together with any and all amendments thereto proposed by the City of Seal Beach, has been and is now filed in the office of the Community Development Department and shall be remain on file with Building Official, and shall collectively be known as the City of Seal Beach Fire Code and may be cited as Section 9.60.020.060 of the Seal Beach Municipal Code.
9.60.020.060.20 CALIFORNIA FIRE CODE MODIFIED
Chapter 1, 2, 3, 4, 5, 9, 12, 28, 49, 50, 56, 57, 58 and 80 of 2022 California Fire Code, Title 24 Part 9 of California Code of Regulations adopted by reference as the Fire Code of the City of Seal Beach, are hereby amended, deleted or added as follows:
1. Division II Section 101.1 is amended in its entirety to read:
101.1 Title. These regulations shall be knowns the Fire Code of City of Seal Beach hereinafter referred to as “this code.”
2. Division II Section 112.4 is amended to read:
112.4 Violation penalties. Persons who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or shall fail to comply with any issued orders or notices or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the fire code official, or of a permit or certificate used under provisions of this code, shall be subject to penalties assessed as prescribed in the OCFA Prevention Field Services adopted fee schedule. Each day that a violation continues after due notice has been served shall be deemed a separate offense.
3. A new Division II Section 112.4.2 is added to read:
112.4.2 Infraction and misdemeanor. Persons operating or maintaining any occupancy, premises or vehicle subject to this code that shall permit any fire or life safety hazard to exist on premises under their control shall be guilty of an infraction. Persons who fail to take immediate action to abate a fire or life safety hazard when ordered or notified to do so by the chief or a duly authorized representative are guilty of a misdemeanor.
4. Section 202 is amended to add the following definitions; OCFA: Orange County Fire Authority, fire authority having jurisdiction.
SPARK ARRESTER. A listed device constructed of noncombustible material specifically for the purpose of meeting one of the following conditions:
1. Removing and retaining carbon and other flammable particles/debris from the exhaust flow of an internal combustion engine in accordance with California Vehicle Code Section 38366.
2. Fireplaces that burn solid fuel in accordance with California Building Code Chapter
28. 5. Section 304.1.2 is amended in its entirety to read as follows:
304.1.2 Vegetation. Weeds, grass, vines or other growth that is capable of being ignited and endangering property, shall be cut down and removed by the owner or occupant of the premises. Vegetation clearance requirement in urban-wildland interface areas shall be in accordance with Chapter 49. Type, amount, arrangement, and maintenance of vegetation in a fuel modification area, interior slope, or similarly hazardous area shall be in accordance with OCFA Guideline C-05 “Vegetation Management Guideline—Technical Design for New Construction, Fuel Modification Plans, and Maintenance Program.”
6. A new Section 305.6 is added to read:
305.6 Hazardous conditions. Outdoor fires burning wood or other solid fuel are not allowed when any of the following conditions applies:
1. when predicted sustained winds exceed 8 MPH and relative humidity is less than 25%, or a red flag condition has been declared
2. when an official sign was caused to be posted by the fire code official, or a public announcement is made
No outdoor fires using any fuel type are permitted when predicted sustained winds exceed 20 MPH or when such fires present a hazard as determined by the fire code official.
7. A new Section 305.7 is added to read:
305.7 Disposal of rubbish. Rubbish, trash or combustible waste material shall be burned only within an approved incinerator and in accordance with Section 307.2.1.
8. A new Section 307.6 added to read:
307.6 Outdoor Fireplaces, Fire Pits, Fire Rings, or similar devices used at Group R Occupancies. Outdoor fireplaces, fire pits, fire rings, or similar exterior devices used at Group R shall comply with this section.
Exception: Barbeques, grills, and other portable devices intended solely for cooking.
9. A new Section 307.6.1 added to read:
307.6.1 Gas-fueled devices. Outdoor fireplaces, fire pits and similar devices fueled by natural gas or liquefied-petroleum gas are allowed when approved by the Building Department and the device is designed to only burn a gas flame and not wood or other solid fuel. At R-3 occupancies, combustible construction and vegetation shall not be located within three feet of an atmospheric column that extends vertically from the perimeter of the device. At other R occupancies, the minimum distance shall be ten feet.
Where a permanent Building Department approved hood and vent is installed, combustible construction may encroach upon this column between the bottom of the hood and the vent opening. Where chimneys or vents are installed, they shall have a spark arrester as defined in Section 202.
10. A new Section 307.6.2 added to read:
307.6.2 Devices using wood or fuels other than natural gas or liquefied-petroleum gas. Permanent outdoor fireplaces burning wood or other solid fuel shall be constructed in accordance with the California Building Code with clearance from combustible construction and building openings as required therein. Fires in a fireplace shall be contained within a firebox with an attached chimney. The opening in the face of the firebox shall have an installed and maintained method of arresting sparks.
The burning of wood or other solid fuel in a device is not allowed within 25 feet of combustible structures unless within an approved permanent fireplace, Conditions which could cause a fire to spread within 25 feet of a structure or to vegetation shall be eliminated prior to ignition. Fires in devices burning wood or solid fuel shall be in accordance with Sections 305, 307, and 308.
Exceptions:
1. Portable fireplaces and fire rings/pits equipped with a device to arrest sparks shall be located at least 3’ from combustible construction at R-3 occupancies,
2. Portable fireplaces, and fire pits/rings equipped with a device to arrest sparks, shall be located at least 15 feet from combustible structures at other R occupancies.
11. A new Section 307.6.2.1 added to read:
307.6.2.1 Where prohibited.
The burning of wood and other solid fuels shall not be conducted within a fuel modification zone, Wildfire Risk Area (WRA), Wildland-Urban Interface Area (WUI), or in locations where conditions could cause the spread of fire to the WRA or WUI.
Exceptions:
1. Permanent fireplaces that are not located in a fuel modification zone
2. Where determined by the Fire Code Official that the location or design of the device should reasonably prevent the start of a wildfire.
12. A new Section 324 added to read:
324 Fuel Modification Requirements for New Construction. All new structures and facilities adjoining land containing hazardous combustible vegetation shall be approved and in accordance with the requirements of OCFA Guideline C-05 “Vegetation Management Guideline – Technical Design for New Construction Fuel Modification Plans and Maintenance Program.”
13. A new Section 325 added to read:
325 Clearance of brush or vegetation growth from roadways. The fire code official is authorized to cause areas within 10 feet (3048 mm) on each side of portions of highways and private streets which are improved, designed or ordinarily used for vehicular traffic, to be cleared of flammable vegetation and other combustible growth. Measurement shall be from the flow-line or the end of the improved edge of the roadway surfaces.
Exception: Single specimens of trees, ornamental shrubbery or cultivated ground cover such as green grass, ivy, succulents or similar plants used as ground covers, provided that they do not form a means of readily transmitting fire.
14. A new Section 326 added to read:
326 Unusual circumstances. The fire code official may suspend enforcement of the vegetation management requirements and require reasonable alternative measures designed to advance the purpose of this code if determined that in any specific case that any of the following conditions exist:
1. Difficult terrain.
2. Danger of erosion.
3. Presence of plants included in any state and federal resources agencies, California Native Plant Society and county-approved list of wildlife, plants, rare, endangered and/or threatened species.
4. Stands or groves of trees or heritage trees.
5. Other unusual circumstances that make strict compliance with the clearance of vegetation provisions undesirable or impractical.
15. A new Section 327 added to read:
327 Use of equipment. Except as otherwise provided in this section, no person shall use, operate, or cause to be operated in, upon or adjoining any hazardous fire area any internal combustion engine which uses hydrocarbon fuels, unless the engine is equipped with a spark arrester as defined in Section 202 maintained in effective working order, or the engine is constructed, equipped and maintained for the prevention of fire.
Exceptions:
1. Engines used to provide motor power for trucks, truck tractors, buses, and passenger vehicles, except motorcycles, are not subject to this section if the exhaust system is equipped with a muffler as defined in the Vehicle Code of the State of California.
2. Turbocharged engines are not subject to this section if all exhausted gases pass through the rotating turbine wheel, there is no exhaust bypass to the atmosphere, and the turbocharger is in good mechanical condition.
16. A new Section 327.1 Use of Equipment and Devices Generating Heat, Sparks or Open Flames added to read:
327.1 Equipment and devices generating heat, sparks or open flames. During any time of the year within Wildfire Risk Areas, within or immediately adjacent to any forest- or brush-covered land or non-irrigated grass-covered land, no person shall use or operate any welding equipment, cutting torches, tar pots, grinding devices, or other tools or equipment that may produce a spark, fire, or flame that could result in a wildfire without doing the following:
1. First clearing away all flammable material, including snags, from the area around such operation for a distance of 30 feet or other approved method to reduce fire spread into the wildlands. If 30-foot clearing cannot be achieved, then an alternate method shall be approved by the AHJ prior to work starting.
2. Maintain one serviceable round point shovel with an overall length of not less than forty-six (46) inches and one backpack pump water-type fire extinguisher fully equipped and ready for use at the immediate area during the operation.
3. Stop work when winds are 8 MPH or greater during periods when relative humidity is less than 25%, or a red flag condition has been declared or public announcement is made, when an official sign was caused to be posted by the fire code official, or when such fires present a hazard as determined by the fire code official.
4. Keep a cell phone nearby and call 911 immediate in case of fire.
17. A new Section 327.2 added to read:
327.2 Spark arresters. Spark arresters shall comply with Section 202, and when affixed to the exhaust system of engines or vehicles subject to Section 324 shall not be placed or mounted in such a manner as to allow flames or heat from the exhaust system to ignite any flammable material.
18. Section 407.5 is amended in its entirety to read:
407.5 Hazardous Materials Inventory Statement. Where required by the fire code official, each application for a permit shall include OCFA’s Chemical Classification Packet in accordance with Section 5001.5.2.
19. Section 501.1 is amended in its entirety to read:
501.1 Scope. Fire service features for buildings, structures and premises shall comply with this chapter and, where required by the fire code official, with OCFA Guideline B-01, “Fire Master Plan for Commercial & Residential Development.”
20. Section 510.1 is amended in its entirety to read:
510.1 Emergency responder radio coverage in new buildings. All new buildings shall have approved radio coverage for emergency responders within the building based upon the existing coverage levels of the public safety communication systems utilized by the jurisdiction, measured at the exterior of the building. This section shall not require improvement of the existing public safety communication systems. The Emergency Responder Radio Coverage System shall comply with the Orange County Sheriff’s Department, Communications and Technology Division guidelines and specifications and, where the functionality or performance requirements in the California Fire Code are more stringent than this code.
Exceptions:
1. In buildings or structures where it is determined by the fire code official that the radio coverage system is not needed, including but not limited to the following:
a. Existing buildings or structures, unless required by the Building Official and OCFA for buildings and structures undergoing extensive remodel and/or expansion.
b. Elevators.
c. Structures that meet all of the following:
i. Three stories or less, and
ii. Do not have subterranean storage or parking, and
iii. Do not exceed 50,000 square feet on any single story. d. Structures that meet all of the following:
i. Residential structures four stories or less, and
ii. Constructed of wood, and
iii. Do not have subterranean storage or parking, and
iv. Are not built integral to an above ground multi-story parking structure.
Should a structure that is three stories or less and 50,000 square feet or smaller on any single story include subterranean storage or parking, then this ordinance shall apply only to the subterranean areas.
2. In facilities where emergency responder radio coverage is required and such systems, components or equipment required could have a negative impact on the normal operations of the facility, the fire code official shall have the authority to accept an automatically activated emergency radio coverage system.
21. Section 903.2 is amended in its entirety to read:
903.2 Where required. Approved automatic sprinkler systems in buildings and structures shall be provided when one of the following conditions exists:
1. New buildings: Notwithstanding any applicable provisions of Sections 903.2.1 through 903.2.21, an automatic fire-extinguishing system shall also be installed in all occupancies when the total building area exceeds 5,000 square feet as defined in Section 202, regardless of fire areas or allowable area, or is more than two stories in height.
Exception: Subject to approval by the Fire Code Official, open parking garages in accordance with Section 406.5 of the California Building Code that are smaller than the area specified in section 903.2.10 (3) or 903.2.10.1 of the California Fire Code.
2. Existing Buildings: Notwithstanding any applicable provisions of this code, an automatic sprinkler system shall be provided in an existing building when an addition occurs and one of the following conditions exists:
a. When an addition exceeds 2000 square feet and the resulting building area exceeds 5000 square feet.
Exception: Existing Group R-3 occupancies shall comply with Section 903.2.8 (2).
22. Section 903.2.8 is amended in its entirety to read:
903.2.8 Group R. An automatic sprinkler system installed in accordance with Section 903.3 shall be provided throughout all buildings with a Group R fire area as follows:
1. New Buildings: An automatic sprinkler system shall be installed throughout all new buildings, including attached garages.
2. Existing R-3 Buildings: An automatic sprinkler system shall be installed throughout when one of the following conditions exists:
a. All existing Group R occupancies and U-1 garages when the total area is increased by 750 square feet or more.
b. An automatic sprinkler system shall be installed throughout any existing Group R Occupancy building when the floor area of the Alteration or Combination of an Addition and Alteration, is 50% or more of area/value of the existing structure and where the scope of the work exposes building framing and facilitates sprinkler installation and is such that the Building/Fire Code Official determines that the complexity of installing a sprinkler system would be similar as in a new building. c. Any addition to an existing building which has fire sprinklers installed.
When not used in accordance with Section 504.2 or 506.3 an automatic sprinkler system installed in accordance with Section 903.3.1.2 shall be allowed in Group R2.1 occupancies.
An automatic sprinkler system designed in accordance with Section 903.3.1.3 shall not be utilized in Group R-2.1 or R-4 occupancies.
23. A new Section 903.3.5.3 is added to read:
903.3.5.3 Hydraulically calculated systems. The design of hydraulically calculated fire sprinkler systems shall not exceed 90% of the water supply capacity.
Exception: When static pressure exceeds 100 psi, and required by the Fire Code Official, the fire sprinkler system shall not exceed water supply capacity specified by Table 903.3.5.3.
24. Section 2801.2 is amended in its entirety to read:
2801.2 Permit. Permits shall be required as set forth in Section 105.6 and 105.6.29.
25. Section 2808.2 is amended in its entirety to read:
2808.2 Storage site. Storage sites shall be level and on solid ground, elevated soil lifts or other all-weather surface. Sites shall be thoroughly cleaned and approval obtained from the fire code official before transferring products to the site.
26. Section 2808.3 is amended in its entirety to read:
2808.3 Size of piles. Piles shall not exceed 15 feet in height, 50 feet in width and 100 feet in length.
Exception: The fire code official is authorized to allow the pile size to be increased where a fire protection plan is provided for approval that includes, but is not limited to, the following:
1. Storage yard areas and materials-handling equipment selection, design and arrangement shall be based upon sound fire prevention and protection principles.
2. Factor that lead to spontaneous heating shall be identified in the plan, and control of the various factors shall be identified and implemented, including provisions for monitoring the internal condition of the pile.
3. The plan shall include means for early fire detection and reporting to the public fire department; and facilities needed by the fire department for fire extinguishment including a water supply and fire hydrants.
4. Fire apparatus access roads around the piles and access roads to the top of the piles shall be established, identified and maintained.
5. Regular yard inspections by trained personnel shall be included as part of an effective fire prevention maintenance program.
Additional fire protection called for in the plan shall be provided and shall be installed in accordance with this code. The increase of the pile size shall be based upon the capabilities of the installed fire protection system and features.
27. Section 2808.4 is amended in its entirety to read:
2808.4. Pile separation. Piles shall be separated from adjacent piles by a minimum distance of 20 feet. Additionally, piles shall have a minimum separation of 100 feet from combustible vegetation.
28. Section 2808.7 is amended in its entirety to read:
2808.7 Pile fire protection. Automatic sprinkler protection shall be provided in conveyor tunnels and combustible enclosures that pass under a pile. Combustible conveyor systems and enclosed conveyor systems shall be equipped with an approved automatic sprinkler system. Oscillating sprinklers with a sufficient projectile reach are required to maintain a 40% to 60% moisture content and wet down burning/smoldering areas.
29. Section 2808.9 is amended in its entirety to read:
2808.9 Material-handling equipment. All material-handling equipment operated by an internal combustion engine shall be provided and maintained with an approved spark arrester. Approved material-handling equipment shall be available for moving wood chips, hogged material, wood fines and raw product during fire-fighting operations.
30. A new Section 2808.11 is added to read:
2808.11 Temperature control. The temperature shall be monitored and maintained as specified in Sections 2808.11.1 and 2808.11.2.
2808.11.1 Pile temperature control. Piles shall be rotated when internal temperature readings are in excess of 165 degrees Fahrenheit.
2808.11.2 New material temperature control. New loads delivered to the facility shall be inspected and tested at the facility entry prior to taking delivery. Material with temperature exceeding 165 degrees Fahrenheit shall not be accepted on the site. New loads shall comply with the requirements of this chapter and be monitored to verify that the temperature remains stable.
31. A new Section 2808.12 is added to read:
2808.12 Water Availability. Facilities with over 2500 cubic feet shall provide a water supply. The minimum fire flow shall be no less than 500 GPM @ 20 psi for a minimum of 1 hour duration for pile heights up to 6 feet and 2 hour duration for pile heights over 6 feet. If there is no water purveyor, an alternate water supply with storage tank(s) shall be provided for fire suppression. The water supply tank(s) shall provide a minimum capacity of 2500 gallons per pile (maximum 30,000 gallons) for piles not exceeding 6 feet in height and 5000 gallons per pile (maximum 60,000) for piles exceeding 6 feet in height. Water tank(s) shall not be used for any other purpose unless the required fire flow is left in reserve within the tank at all times. An approved method shall be provided to maintain the required amount of water within the tank(s).
32. A new Section 2808.13 is added to read:
2808.13 Tipping areas shall comply with the following:
1. Tipping areas shall not exceed a maximum area of 50 feet by 50 feet.
2. Material within a tipping area shall not exceed 5 feet in height at any time.
3. Tipping areas shall be separated from all piles by a 20-foot-wide fire access lane.
4. A fire hydrant or approved fire water supply outlet shall be located within 150 feet of all points along the perimeter of the tipping area.
5. All material within a tipping area shall be processed within 5 days of receipt.
33. A new Section 2808.14 is added to read:
2808.14 Emergency Contact. The contact information of a responsible person or persons shall be provided to the Fire Department and shall be posted at the entrance to the facility for responding units. The responsible party should be available to respond to the business in emergency situation.
34. A new Section 2808.15 Maximum Grid of Piles and Rows is hereby added as follows:
2808.15 Maximum Grid of Piles and Rows, Rows of Piles shall not exceed 500 feet by 500 feet. Grids shall be separated by a minimum 50 foot clear space used for no other purpose.
35. A new Section 2808.16 Push-out / Clear area is hereby added as follows:
2808.16 Push-out / Clear area Piles exceeding 20 cubic yards shall be provided with pushout areas. Push-out areas shall be maintained clear at all times to allow for the largest pile to be spread out to a depth of 2 feet in height. Push-out areas shall be located within 250 feet of all edges of any pile and shall be located a minimum of 20 feet from any building.
36. A new Section 4903.3 Fuel Modification Plans is hereby added as follows:
4903.3 Fuel Modification Plans. Fuel modification plans shall be reviewed and approved by OCFA for all new buildings to be built or installed in a wildfire risk area. Plans shall meet the criteria set forth in OCFA Guideline C 05 “Vegetation Management Guideline – Technical Design for New Construction Fuel Modification Plans and Maintenance Program.”
37. Section 5001.5.2 is amended in its entirety to read:
5001.5.2 Hazardous Materials Inventory Statement (HMIS). Where required by the fire code official, an application for a permit shall include Orange County Fire Authority’s Chemical Classification Packet, which shall be completed and approved prior to approval of plans, and/or the storage, use or handling of chemicals on the premises. The Chemical Classification Packet shall include the following information:
1. Product Name.
2. Component.
3. Chemical Abstract Service (CAS) number.
4. Location where stored or used.
5. Container size.
6. Hazard classification.
7. Amount in storage.
8. Amount in use-closed systems.
9. Amount in use-open systems.
38. A new Section 5003.1.1.1 is added to read:
5003.1.1.1 Extremely Hazardous Substances. No person shall use or store any amount of extremely hazardous substances (EHS) in excess of the disclosable amounts (see Health and Safety Code Section 25500 et al) in a residential zoned or any residentially developed property.
39. A new Section 5608.2 is added to read:
5608.2 Firing. All fireworks display, regardless of mortar, device, or shell size, shall be electrically fired.
40. A new Section 5608.3 is added to read:
Section 5608.3 Application for Permit. A diagram of the grounds on which the display is to be held showing the point at which the fireworks are to be discharged, the fallout area based on 100 feet per inch of shell size, the location of all buildings, roads, and other means of transportation, the lines behind which the audience will be restrained, the location of all nearby trees, telegraph or telephone line, or other overhead obstructions shall be provided to OCFA.
41. NFPA 13, 2022 Edition, Standard for the Installation of Sprinkler Systems Section is amended in its entirety to read:
Section 16.12.3.3 is hereby revised as follows:
16.12.3.3 Fire department connections (FDC) shall be of an approved type. The location shall be approved and be no more than 150 feet from a public hydrant. The FDC may be located within 150 feet of a private fire hydrant when approved by the fire code official. The size of piping and the number of 2½” inlets shall be approved by the fire code official. If acceptable to the water authority, it may be installed on the backflow assembly. Fire department inlet connections shall be painted OSHA safety red or as approved. When the fire sprinkler density design requires more than 500 gpm (including inside hose stream demand), or a standpipe system is included, four 2½” inlets shall be provided.
Section 9.4.3.1 is hereby revised as follows:
9.4.3.1 When fire sprinkler systems are installed in shell buildings of undetermined use (Spec Buildings) other than warehouses (S occupancies), fire sprinklers of the quickresponse type shall be used. Use is considered undetermined if a specific tenant/occupant is not identified at the time the fire sprinkler plan is submitted. Sprinklers in light hazard occupancies shall be one of the following:
(1) Quick-response type as defined in 3.6.4.8
(2) Residential sprinklers in accordance with the requirements of 8.4.5 (3) Quick response CMSA sprinklers
(4) ESFR sprinklers
(5) Standard-response sprinklers used for modifications or additions to existing light hazard systems equipped with standard-response sprinklers (6) Standard-response sprinklers used where individual standard-response sprinklers are replaced in existing light hazard systems
Section 9.2.1.7 is hereby revised as follows:
9.2.1.7 Concealed spaces filled with noncombustible insulation shall not require sprinkler protection when approved by fire code official.
42. NFPA 13D 2022 Edition, Standard for the Installation of Sprinkler Systems in Oneand Two-Family Dwellings and Manufactured Homes is amended in its entirety to read:
Section 7.1.2 is hereby revised as follows:
7.1.2 The sprinkler system piping shall not have separate control valves installed unless supervised by a central station, proprietary, or remote station alarm service.
43. NFPA 14, 2019 Edition, Installation of Standpipe and Hose Systems is hereby amended as follows:
Section 7.3.1.1 is hereby is deleted in its entirety.
44. NFPA 24, 2019 Edition, Standard for the Installation of Private Fire Service Mains and Their Appurtenances is amended as follows :
Section 6.2.8.1 is hereby added as follows:
6.2.8.1 All indicating valves controlling fire suppression water supplies shall be painted OSHA red.
Exceptions:
1. Brass or bronze valves on sprinkler risers mounted to the exterior of the building may be left unpainted.
2. Where OS&Y valves on the detector check assembly are the only control valves, at least one OS&Y valve shall be painted red.
Section 6.2.9 is hereby amended as follows:
All connections to private fire service mains for fire protection systems shall be arranged in accordance with one of the following so that they can be isolated:
(1) A post indicator valve installed not less than 40 ft (12 m) from the building (a) For buildings less than 40 ft (12 m) in height, a post indicator valve shall be permitted to be installed closer than 40 ft (12 m) but at least as far from the building as the height of the wall facing the post indicator valve. (2) A wall post indicator valve
(3) An indicating valve in a pit, installed in accordance with Section 6.4 (4) A backflow preventer with at least one indicating valve not less than 40 ft (12 m) from the building
(a) For buildings less than 40 ft (12 m) in height, a backflow preventer with at least one indicating valve shall be permitted to be installed closer than 40 ft (12 m) but at least as far from the building as the height of the wall facing the backflow preventer.
(5) Control valves installed in a fire-rated room accessible from the exterior (6) Control valves in a fire-rated stair enclosure accessible from the exterior Section 10.1.5 is hereby added as follows:
10.1.5 All ferrous pipe and joints shall be polyethylene encased per AWWA C150, Method A, B, or C. All fittings shall be protected with a loose 8-mil polyethylene tube or sheet. The ends of the tube or sheet shall extend past the joint by a minimum of 12 inches and be sealed with 2-inch-wide tape approved for underground use. Galvanizing does not meet the requirements of this section.
Exception: 304 or 316 Stainless Steel pipe and fittings Section 10.4.1.1 is hereby revised as follows:
10.4.1.1 All bolted joint accessories shall be cleaned and thoroughly coated with asphalt or other corrosion-retarding material after installation.
Exception: Bolted joint accessories made from 304 or 316 stainless steel.
Section 10.4.1.1.1 is hereby added as follows:
10.4.1.1.1 All bolts used in pipe-joint assembly shall be 316 stainless steel.
Section 10.4.3.2 is hereby deleted and replaced as follows
10.4.3.2 Where fire service mains enter the building adjacent to the foundation, the pipe may run under a building to a maximum of 24 inches, as measured from the interior face of the exterior wall to the center of the vertical pipe. The pipe under the building or building foundation shall be 304 or 316 stainless steel and shall not contain mechanical joints or it shall comply with 10.4.3.2.1 through 10.4.3.2.4.
9.60.020.070 EFFECT OF ADOPTION
The adoption of the City Building, Residential, Electrical, Mechanical, Plumbing, Fire Code and the repeal, addition or amendment of ordinances by this code shall not affect the following matters:
(A) Actions and proceedings which began the effective date of this code. (B) Prosecution for ordinance violations committed before the effective date of this code. (C) Licenses and penalties due and unpaid at the effective date of this code, and the collection of these licenses and penalties.
(D) Bonds and cash deposits required to be posted, filed or deposited pursuant to any ordinance.
(E) Matters of record which refer to or are connected with ordinances the substances of which are included in this code; these references shall be construed to apply to the corresponding provisions of the code.
9.60.020.080 PENALTY; VIOLATIONS
(A) General penalty; continuing violations. Every act prohibited or declared unlawful and every failure to perform an act required by this code is a misdemeanor or an infraction as set forth in the said respective pertinent sections of this code and any person causing or permitting a violation of any such section of said code shall be subject to the penalties ascribed to each such section as set forth herein.
(B) Violations including aiding, abetting, and concealing. Every person who causes, aids, abets or conceals the fact of a violation of this code is guilty of violating this code. (C) Enforcement by civil action. In addition to the penalties provided herein, the said code may be enforced by civil action. Any condition existing in violation of this code is a public nuisance and may be summarily abated by the city.
Section 3. Severability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held out to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this ordinance. The City Council of the City of Seal Beach hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsection, sentence clause, phrases or portions be declared valid or unconstitutionally.
Section 4. Continuity. To the extent the provisions of this Ordinance are substantially the same as previous provisions of the Seal Beach Municipal Code, these provisions will be construed as continuations of those provisions and not as amendments of the earlier provisions.
Section 5. Intent to Comply with Laws. The City Council intends this Ordinance to supplement, not to duplicate or contradict, applicable state and federal law and this Ordinance will be construed in light of that intent.
Section 6. Severability. If any section, 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, such decision will not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.
Section 7. Publication. The City Clerk is directed to cause this ordinance to be published in the manner required by law.
Section 8. Effective Date. This Ordinance will take effect on January 1st, 2023.
INTRODUCED at a regular meeting of the City Council of the City of Seal Beach held on the 7th day of November, 2022.
PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular meeting held on the ___ day of _______, 2022.
AYES: Council Members _______________________________________ NOES: Council Members _______________________________________ ABSENT: Council Members _______________________________________ ABSTAIN: Council Members _______________________________________ __________________________
Joe Kalmick, Mayor
ATTEST:
___________________________
Gloria D. Harper, City Clerk
APPROVED AS TO FORM:
_________________________
Craig A. Steele, City Attorney
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Gloria D. Harper, City Clerk of the City of Seal Beach, do hereby certify that the foregoing Urgency Ordinance was introduced for first reading at a regular meeting of the City Council of the City of Seal Beach held on the 7th day of November, 2022, and was passed, approved, and adopted by the City Council at a regular meeting on the ____ day of _______, 2022. ___________________________
Gloria D. Harper, City Clerk
ATTACHMENT A
LOCAL AMENDMENT FINDINGS
CALIFORNIA FIRE CODE
LOCAL AMENDMENT FINDINGS
I. Climatic Conditions
A. Orange County is located in a semi-arid Mediterranean type climate. It annually experiences extended periods of high temperatures with little or no precipitation. Hot, dry (Santa Ana) winds, which may reach speeds of 70 M.P.H. or greater, are also common to the area. These climatic conditions cause extreme drying of vegetation and common building materials. Frequent periods of drought and low humidity add to the fire danger.
This predisposes the area to large destructive fires (conflagration). In addition to directly damaging or destroying buildings, these fires are also prone to disrupt utility services throughout the County. Obstacles generated by a strong wind, such as fallen trees, street lights and utility poles will greatly impact the response time to reach an incident scene.
B. The climate alternates between extended periods of drought and brief flooding conditions.
Flood conditions may affect the Orange County Fire Authority’s ability to respond to a fire or emergency condition. Floods also disrupt utility services to buildings and facilities within the County.
C. Water demand in this densely populated area far exceeds the quantity supplied by natural precipitation; and although the population continues to grow, the already-taxed water supply does not. California is projected to increase in population by nearly 10 million over the next quarter of a century with 50 percent of that growth centered in Southern California.
Due to storage capacities and consumption, and a limited amount of rainfall future water allocation is not fully dependable. This necessitates the need for additional and on-site fire protection features.
D. These dry climatic conditions and winds contribute to the rapid spread of even small fires originating in high-density housing or vegetation. These fires spread very quickly and create a need for increased levels of fire protection. The added protection of fire sprinkler systems and other fire protection features will supplement normal fire department response by providing immediate protection for the building occupants and by containing and controlling the fire spread to the area of origin. Fire sprinkler systems will also reduce the use of water for firefighting by as much as 50 to 75 percent.
II. Topographical conditions
A. Natural; slopes of 15 percent or greater generally occur throughout the foothills of Orange County. The elevation change caused by the hills creates the geological foundation on which communities with Orange County is built and will continue to build. With much of the populated flatlands already built upon, future growth will occur on steeper slopes and with greater constraints in terrain.
B. Traffic and circulation congestion is an artificially created, obstructive topographical condition, which is common throughout Orange County.
C. These topographical conditions combine to create a situation that places fire department response time to fire occurrences at risk and makes it necessary to provide automatic onsite fire-extinguishing systems and other protection measures to protect occupants and property.
III. Geological Conditions
The Orange County region is a densely populated area that has buildings constructed over and near a vast and complex network of faults that are believed to be capable of producing future earthquakes similar or greater in size than the 1994 Northridge and the 1971 Sylmar earthquakes. Earthquake faults run along the northeast and southwest boundaries of Orange County. The Newport-Inglewood Fault, located within Orange County was the source of the destructive 1933 Long Beach earthquake (6.3 magnitude) which took 120 lives and damaged buildings in an area from Laguna Beach to Marina Del Rey to Whittier. In December 1989, another earthquake occurred in the jurisdiction of Irvine at an unknown fault line. Regional planning for reoccurrence of earthquakes is recommended by the state of California, Department of Conservation.
A. Previous earthquakes have been accompanied by disruption of traffic flow and fires. A severe seismic event has the potential to negatively impact any rescue or fire suppression activities because it is likely to create obstacles similar to those indicated under the high wind section above. The October 17, 1989, Santa Cruz earthquake resulted in one major fire in the Marina District (San Francisco). When combined with the 34 other fires locally and over 500 responses, the department was taxed to its fullest capabilities. The Marina fire was difficult to contain because mains supplying water to the district burst during the earthquake. This situation creates the need for both additional fire protection and automatic on-site fire protection for building occupants. State Department of Conservation noted in their 1988 report (Planning Scenario on a Major Earthquake on the NewportInglewood Fault Zone, page 59), “unfortunately, barely meeting the minimum earthquake standards of building codes places a building on the verge of being legally unsafe.” B. Road circulation features located throughout the County also make amendments reasonably necessary. Located through the County are major roadways, highways and flood control channels that create barriers and slow response times. Hills, slopes, street and storm drain design, accompanied by occasional heavy rainfall, causes roadway flooding and landslides and at times may make an emergency access route impassable.
There are areas in Orange County that naturally have extended emergency response times that exceed the 5 minute goal.
C. Soils throughout the County possess corrosive properties that reduce the expected usable life of water services when metallic pipes are in contact with soils.
Due to the topographical conditions of sprawling development separated by waterways and narrow and congested streets and the expected infrastructure damage inherent in seismic zones described above, it is prudent to rely on automatic fire sprinkler systems to mitigate extended fire department response time and keep fires manageable with reduced fire flow (water) resources available for a given structure. Additional fire protection is also justified to match the current resources of firefighting equipment and personnel within the Orange County Fire Authority.
2019 California Fire Code
Amendment Findings Legend
CODE
SECTION
TITLE (Clarification) FINDINGS
112.4 Violation penalties Administrative
112.4.2 Infraction & Misdemeanor Administrative
202 General definitions Administrative
304.1.2 OCFA Vegetation Management I
305.6 Hazardous conditions I & II
305.7 Disposal of rubbish I & II
307 Open burning, recreational fires, fire pits, fire rings, and outdoor fireplaces
Administrative
307.6 Fire Pits, Fire Rings, & Outdoor Fireplaces Administrative 307.6.1 Gas-fueled devices I & II
307.6.2 Devices using wood or fuels other than natural gas or LPG I & II 307.6.2.1 Where prohibited I & II
308.1.6.3 Sky lanterns I & III
324 Fuel modification requirements for new construction I 325 Clearance of brush or vegetation growth from roadways I 326 Unusual circumstances Administrative
327 Use of equipment I
327.1 Use of equipment and devices generating heat, sparks or open flames
I
324.2 Spark arresters I
407.5 Hazardous material inventory statement I & II
501.1 Scope Administrative, I, II & III
510.1 Emergency responder radio coverage Administrative 903.2 Where required (Sprinklers) I, II & III
903.2.8 Group R (Sprinklers) I, II & III
903.3.5.3 Hydraulically calculated systems I & II
1205.2 Building Integrated PV System, Roof Ventilation Administrative 2801.2 Permit Administrative
2808.2 Storage site Administrative
2808.3 Size of piles I
2808.4 Pile separation I
2808.7 Pile fire protection I
2808.9 Material-handling equipment I
2808.11 Temperature control I
2808.11.1 Pile temperature control I
2808.11.2 New material temperature control I
2808.12 Water availability for piles I
2808.13 Tipping area I
2808.14 Emergency contact information Administrative
2808.15 Defining maximum separation contact Administrative 2808.16 Push-out area dentification Administrative
4903.3 OCFA Vegetation Management Guideline I
4906.3 New definition as stated in Chapter 49 I
5001.5.2 Hazardous materials inventory statement Administrative 5003.1.1.1 Extremely hazardous substances I & III
5608.2 Retail fireworks Administrative
5608.3 Application for permit Administrative
5801.1 Scope N/A
Chapter 80 Reference Standards N/A
2016 NFPA 13 (Sprinkler Systems) Administrative, II & III 2016 NFPA 13-D (Single Family Sprinkler Systems) I & II 2013 NFPA 14 (Standpipe Systems) Administrative
2016 NFPA 24 (Underground Water Supply Systems) Administrative & III