Agenda — Twentynine Palms City Council, September 12, 2023 (part 1 of 2)

TWENTYNINE PALMS CITY COUNCIL

REGULAR MEETING AGENDA
6136 Adobe Road
Twentynine Palms, CA 92277
www.29palms.org
(AMENDED AGENDA)
(Attachments added to item #10)
Tuesday, September 12, 2023
NOTICE IS HEREBY GIVEN, that the City Council will hold a Regular Meeting on Tuesday, September 12, 2023 at City Hall, 6136 Adobe Road, Twentynine Palms, CA 92277 to consider the following:

CLOSED SESSION AGENDA
5:15 P.M.

CALL TO ORDER
Roll Call.

Adjourn to Closed Session.

CLOSED SESSION
A “Closed” Session of the City Council may be held in accordance with state law which may include, but is not limited to, the following types of items: personnel matters, labor negotiations, security matters, providing instructions to real property negotiators and conference with legal counsel regarding pending litigation. The Closed Session will be held in the City Hall Conference Room located at 6136 Adobe Road, Twentynine Palms, California. Any public comment on Closed Session items will be taken before the Closed Session. Any required announcements or discussion of Closed Session items or actions following the Closed Session will be made in the City Council Chambers, 6136 Adobe Road, Twentynine Palms, California.

1. Closed Session Pursuant to Government Code Section §54956.9 Potential Litigation (1 Case).

REGULAR SESSION AGENDA
6:00 P.M.

CALL TO ORDER
Pledge of Allegiance.

Invocation - Pastor Michelle Ronia, Oasis Community Church.

Roll Call.

Closed Session Announcements.

Changes to the Agenda.

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ANNOUNCEMENTS
These proceedings may be viewed on demand on the City of Twentynine Palms website at www.29palms.org.

You may also Live Stream this meeting by going on the City website and clicking on the "Meeting Agendas" link.

AWARDS, PRESENTATIONS, APPOINTMENTS AND PROCLAMATIONS

1. Introduction of the New Government Relations Manager for Southern California Edison.

2. Proclamation Recognizing Hispanic Heritage Month
Proclamation Recognizing Hispanic Heritage Month - Pdf
5 - 6

3. Proclamation Declaring September 2023 as Hunger Action Month.

Proclamation Declaring September 2023 as Hunger Action Month. - Pdf 7 - 8

COUNCIL COMMENTS AND REPORTS OF MEETINGS ATTENDED

CONSENT CALENDAR
All matters listed under the Consent Calendar are to be considered routine by the City Council and will be enacted by one motion in the form listed. Any item may be removed from the Consent Calendar and considered separately by the City Council. The public will be given an opportunity to comment on Consent Calendar items prior to the City Council action.

4. Waive the Reading of Ordinance and Approve the Reading by Title Only.

5. Approval of Minutes of the City Council Meeting Held on August 8, 2023.

City Council - Regular Meeting - 08 Aug 2023 - Minutes - Pdf 9 - 15

6. Luckie Park Stadium Light Project Management.

RECOMMENDATION: The City Council approve the City Manager to negotiate and execute a contract with Tanko Lighting for project management and bid document creation not to exceed $100,034 or 7% of construction cost.

Luckie Park Stadium Light Project Management. - Pdf
17 - 46

7. Second Reading - San Bernardino County Fire (SBCFD) Fire Code.

RECOMMENDATION: The City Council approve Ordinance No. 306 and approve SBCFPD Ordinance No. 23-01 adopting the San Bernardino County Fire Protection District Fire Code (referencing the 2022 Edition of California Fire Code).

Second Reading - San Bernardino County Fire (SBCFD) Fire Code. - Pdf 47 - 142

8. Acceptance of Work for the Community Development Department Tenant Improvement Project.

RECOMMENDATION: That the City Council:

1. Accept the work completed by KNC Construction as part of the Development Department Tenant Improvement project for a total contract cost of $162,672.60.

2. Direct the City Clerk to file the Notice of Completion for the contract work.

3. Direct the Finance Director to release the retained funds 30 days after the Notice of Completion has been filed, provided no claims are filed against the contractor.

Acceptance of Work for the Community Development Department Tenant Improvement Project. - Pdf
143 - 144

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ITEMS REMOVED FROM CONSENT CALENDAR FOR DISCUSSION

PUBLIC HEARING

9. Transportation Impact Fee.

RECOMMENDATION: The City Council accept the Transportation Impact Fee Study.

Transportation Impact Fee. - Pdf
145 - 167

10. Tourism Business Improvement District (TBID).

RECOMMENDATION: The City Council hold a Public Hearing to adopt Resolution No. 23-___ confirming the levy of assessments.

Tourism Business Improvement District (TBID). - Pdf

11. Conflict of Interest Code Update.

RECOMMENDATION: The City Council approve Resolution No. 23-___ and introduce Ordinance No. ____ amending the City's Conflict of Interest Code. (Attachment A) Conflict of Interest Code Update. - Pdf
217 - 228

DISCUSSION AND POTENTIAL ACTION ITEMS

12. Morongo Valley Arch Navigation Center Sponsorship.

RECOMMENDATION: The City Council financially sponsor the proposed Navigation Center located at 6594 Adobe Road for the amount of $32,010.

Morongo Valley Arch Navigation Center Sponsorship. - Pdf 229 - 242

13. Self Help Construction Program - Agreement to Negotiate.

RECOMMENDATION: The City Council approve the Agreement to Negotiate with Coachella Valley Housing Coalition (CVHC) to establish a self-help construction program in the City of Twentynine Palms.

Self Help Construction Program - Agreement to Negotiate. - Pdf 243 - 255

FUTURE COUNCIL INITIATED ITEMS

1. Seasonal Banners throughout the City.

2. Maintained vs. Non-Maintained Roads.

3. Identify ten lots to start a self- help construction program.

4. Discussion on forming a Youth Advisory Committee.

5. Discussion with the Homeless Committee on the possibility of hotels housing the homeless for short periods of time.

6. Discussion on the possibility of moving the Wastewater Treatment Plant from the Desert Knoll area to the east side of the City in the Industrial zone.

PUBLIC COMMENTS
This is the time for the public to address the City Council on issues within the jurisdiction of the City Council that are NOT on this agenda. All comments are to be directed to the City Council and shall not consist of any personal attacks. Members of the public are expected to maintain a professional, courteous decorum during their comments. There is a time limitation of three minutes per person. If you haven’t already done so, please fill out name and address slips and give them to the City Clerk. The City Council is prohibited by State law from taking action or discussing items not included on the printed agenda. Public comments on specific agenda items will be deferred until consideration of the item on the agenda.

CITY MANAGER UPDATE

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ADJOURNMENT
It is the intention of the City of Twentynine Palms to comply with the Americans with Disabilities Act in all respects. If you are a person with a disability who requires a disability-related modification or accommodation in order to participate in a meeting, including auxiliary aids or services, please request such modification or accommodation from the City Clerk at (760) 367- 4890 (facsimile). Notification at least 48 hours prior to the meeting will enable the City to make reasonable arrangements to assure accessibility to the meeting. Please advise us at the time whether you will require accommodations to participate in meetings on a regular basis. Any person affected by any application on this agenda may submit their concerns in writing prior to the meeting or appear in person and be heard in support or opposition to the proposal at the time the matter is considered on the agenda. The staff reports, applications and environmental documents may be viewed at either the office of Community Development or the office of the City Clerk, 6136 Adobe Road, from 7:00 a.m. until 6:00 p.m. Monday through Thursday, except legal holidays. The Invocation is given per Policy 10-01, and does not reflect the views of the City but rather is an expression of speech by a private citizen making the presentation. Telephone inquiries may be made at (760) 367-6799. If you challenge any agenda issue in court, you may be limited to raising only those issues that you or someone else raised at the public meeting described in this notice, or in written correspondence delivered to the City of Twentynine Palms at, or prior to, the public meeting.

This notice of agenda is hereby certified to have been posted on or before 6:00 p.m., September 7, 2023.

Cindy Villescas CMC, City Clerk Time/Date

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STAFF REPORT
TO: City Council
FROM: Office Assistant
FOR MEETING: Sep 12 2023
SUBJECT: Proclamation Recognizing Hispanic Heritage Month ATTACHMENTS:
• Proclamation Recognizing
Hispanic Heritage Month

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CITY OF TWENTYNINE PALMS

PROCLAMATION

RECOGNIZING HISPANIC HERITAGE MONTH
WHEREAS, the celebration of Hispanic Heritage Week, now expanded to Hispanic Heritage Month, was established in 1968 to recognize and celebrate the Hispanic heritage and culture in the United States while highlighting Hispanic economic, cultural, and creative contributions to our nation; and WHEREAS, September 15th is the anniversary of independence for the Latin American countries of Costa Rica, El Salvador, Guatemala, Honduras, and Nicaragua while Mexico and Chile celebrate their respective independence days on September 16 and September 18; and many other Latin American countries celebrate Día de la Raza, a celebration of Hispanic heritage, on October 12; and WHEREAS, the United States Census Bureau estimates the Hispanic population in the United States to be over 60 million people, making Hispanic Americans 19 percent of the population and the largest racial or ethnic minority group in the United States; and
WHEREAS, there are more than 4.7 million Hispanic-owned firms in the United States, providing over three million jobs and contributing more than $500 billion to the United States economy; and WHEREAS, the Hispanic community is active in all units of local, state, and federal government, from volunteer boards and commissions to civilian employment to elected offices, and among the more than one million Hispanics who have served or are currently serving in the US Armed Forces.

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Twentynine Palms, does hereby proclaim September 15 through October 15, 2023, as HISPANIC HERITAGE MONTH in the City of Twentynine Palms, and call upon educators, librarians, public officials, and Twentynine Palms residents and businesses to observe this month with appropriate activities and programs.

DATED this 12th day of September 2023.
______________________________
McArthur Wright, Mayor

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STAFF REPORT
TO: City Council
FROM: Office Assistant
FOR MEETING: Sep 12 2023
SUBJECT: Proclamation Declaring September 2023 as Hunger Action Month.

ATTACHMENTS:
• Proclamation Declaring
September 2023 as Hunger
Action Month

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CITY OF TWENTYNINE PALMS

PROCLAMATION

HUNGER ACTION MONTH
WHEREAS, hunger and poverty are issues of vital concern in California where 20% of people face hunger and one in every four children do not know where their next meal will come from; and WHEREAS, the City of Twentynine Palms of California is committed to taking steps to combat hunger in every part of our community and to provide additional resources that those in Twentynine Palms need; and WHEREAS, the City of Twentynine Palms is committed to working with FIND Food Bank, a member of the Feeding America® nationwide network of food banks, in educating people about the role and importance of food banks in addressing hunger and raising awareness of the need to devote more resources and attention to hunger issues; and
WHEREAS, more than 150,000 people on average in the desert region rely on food provided by the members of the FIND Food Bank each month; and
WHEREAS, the members of FIND Food Bank distributed more than 22 million meals in through its network of food pantries, soup kitchens, shelters, and other community organizations; and WHEREAS, the month of September has been designated “Hunger Action Month” in order to bring attention to food insecurity in our communities and to enlist the public in the fight to end hunger by taking action – including volunteer shifts, social media shares, and donations – to ensure nobody has to make an impossible choice between food and other necessities like medicine, utilities or childcare; and WHEREAS, food banks across the country, including the members of the FIND Food Bank will host numerous events throughout the month of September to bring awareness and help end hunger in their local community;
NOW, THERFORE, I, McArthur Wright on behalf of the City Council, do hereby recognize September 2023, as HUNGER ACTION MONTH in our City of Twentynine Palms California, and I call this observance to the attention of our citizens.

DATED this 12th day of September 2023.
_____________________________
McAthur Wright, Mayor

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TWENTYNINE PALMS CITY COUNCIL
City Council - Regular Meeting MINUTES
City Hall, 6136 Adobe Road, Twentynine Palms, CA 92277
www.29palms.org
August 8, 2023
CALL TO ORDER - Mayor Wright called the meeting to order at 6:01 p.m.

Pledge of Allegiance - Terrance Lattimer led the Pledge of Allegiance.

Invocation - Rev. Don Thursby, Little Church of the Desert, led the Pledge of Allegiance.

Roll Call - The following Councilmembers were present: Bilderain, Klink, Mintz, Scott, Wright.

Closed Session Announcements - None.

Changes to the Agenda - None.

ANNOUNCEMENTS
Mayor Wright announced that these proceedings may be viewed on demand on the City of Twentynine Palms website at www.29palms.org. You may also Live Stream this meeting by going on our website and clicking on the "Meeting Agendas" link.

AWARDS, PRESENTATIONS, APPOINTMENTS AND PROCLAMATIONS

1. Presentation of a Proclamation for Michelle Bergey Upon Her Retirement from the District Attorney's Office.

Mayor Wright read the Proclamation in its entirety and presented the Proclamation to Ms. Bergey.

2. Introduction of the City's Newest Employees.

Animal Control Supervisor, Rick Boyd, introduced and welcomed Patrick Tenario and Klalyn Tschoepe to the Animal Control Staff.

Recreation Division Manager Kary Minatrea introduced and welcomed Amy Tessier to the Park and Recreation Staff.

Public Works Superintendent Craig Stacey introduced and welcomed David Daly to the Public Works Staff.

COUNCIL COMMENTS AND REPORTS OF MEETINGS ATTENDED
Councilmember Scott mentioned that he attended the East Valley Regional Steering Committee meeting, the Wastewater Advisory Committee meeting, the Homeless and Housing Advisory Committee meeting and the TBID meeting.

Councilmember Mintz commented that he attended the Basin Transit meeting and the Events Committee meeting.

Councilmember Klink mentioned that he didn't attend any meetings. He wished everyone in the Morongo Basin a Happy Birthday for those celebrating a birthday in August, especially his son Matthew. He reminded everyone to stay cool and drink plenty of water.

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City Council - Regular Meeting
August 8, 2023
Mayor Pro Tem Bilderain commented that he had no official meetings outside of City Hall, he attended internal committee meetings.

Mayor Wright mentioned that he attended the Quarterly ASYMCA Luncheon honoring the Servicemembers of the Quarter, the 4th of July event at Knotts Sky Park, the General's Change of Command Ceremony, a Ribbon Cutting ceremony for two businesses in the Corner 62 building, the Basin Transit meeting and reminded everyone that there are many school giveaways in the City so look out for these events and take advantage of them. Mayor Wright welcomed all the new employees.

CONSENT CALENDAR

3. Waive the Reading of Ordinance and Approve the Reading by Title Only.

4. Approval of Minutes of the City Council Meeting Held on June 13, 2023 and June 27, 2023.

5. Treasurer's Report - FY 2022-23 Quarter 4.

RECOMMENDATION: The City Council receive and approve the Treasurer's Report for the 4th quarter in Fiscal Year 2022-23.

6. Adoption of Measure I Five-Year Plan for Fiscal Years 2023/2024 through 2027/2028.

RECOMMENDATION: The City Council adopt Resolution No. 23-18 approving the Measure I Five-Year Plan for Fiscal Years 2023/2024 through 2027/2028.

7. 6602 Freedom Way Demolition Acceptance of Work.

RECOMMENDATION: The City Council:

1. Accept the work for the 6602 Freedom Way Demolition Project as complete, for a total contract cost of $38,000.00.

2. Direct the City Clerk to file the Notice of Completion for the contract work.

3. Direct the Finance Director to release the retained funds 30 days after the Notice of Completion has been filed, provided no claims are filed against the contractor.

8. Community Events Grants.

RECOMMENDATION: The Events Ad Hoc Committee is recommending the following events to be funded; $12,000 in total:

1. Twentynine Palm Book Festival - $5,000;

2. Morongo Basin Spell A-Thon - $1,000;

3. CMC Howl Poetry Slam - $1,000;

4. AfroLab - $5,000

9. Agreement with Caroline Partamian.

RECOMMENDATION: The City Council authorize the City Manager to negotiate, approve and sign a professional agreement with Caroline Partamian to oversee and execute the Creative Corp Grant as awarded to the Public Arts Advisory Committee (PAAC) for a total not to exceed $37,800 for the 2023/2024 Fiscal Year.

10. MBTA Public Parking - Indemnification Agreement.

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City Council - Regular Meeting
August 8, 2023

11. I-Bank Resolution.

RECOMMENDATION: The City Council approve Resolution No. 23-19, authorizing the submission of a loan application to the Infrastructure Bank (I-Bank) in the amount of $500,000 for furtherance of the Luckie Park Stadium Light Project.

Mayor Wright asked that item #8 and item #9 be removed for discussion.

ACTION: A motion was made by Councilmember Mintz, seconded by Councilmember Klink, to approve the Consent Calendar minus item #8 and item #9, as submitted.

Councilmember Mintz abstained from item #7 due to a possible conflict of interest.

The above motion was carried by the following:

ROLL CALL VOTE:

AYES: BILDERAIN, KLINK, MINTZ, SCOTT, WRIGHT
NOES: NONE
ABSTAIN: MINTZ from item #7
ABSENT: NONE

ITEMS REMOVED FROM CONSENT CALENDAR FOR DISCUSSION

8. Community Events Grants.

RECOMMENDATION: The Events Ad Hoc Committee is recommending the following events to be funded; $12,000 in total:

1. Twentynine Palm Book Festival - $5,000;

2. Morongo Basin Spell A-Thon - $1,000;

3. CMC Howl Poetry Slam - $1,000;

4. AfroLab - $5,000
City Manager Luckino presented the Staff Report. He then passed the floor to the Subcommittee who provided more information on the recommendations.

ACTION: A motion was made by Councilmember Klink, seconded by Councilmember Mintz, to approve the recommendations made by the Events Subcommittee for funding.

The above motion was carried by the following:

ROLL CALL VOTE:

AYES: BILDERAIN, KLINK, MINTZ, SCOTT, WRIGHT
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE

9. Agreement with Caroline Partamian.

City Manager Luckino presented the Staff Report. He then passed the floor to PAAC member Kate Short who provided more information.

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City Council - Regular Meeting
August 8, 2023
Veno Nathraj, Twentynine Palms, commented that he is for the PAAC, but the citizens need to see checks and balances and not leave decisions to just one person.

April Ramirez, Twentynine Palms, wants to make sure that what the City has is transparency.

ACTION: A motion was made by Councilmember Mintz, seconded by Councilmember Klink, to negotiate, approve and sign a professional agreement with Caroline Partamian to oversee and execute the Creative Corp Grant as awarded to the Public Arts Advisory Committee (PAAC) for a total not to exceed $37,800 for the 2023/2024 Fiscal Year.

The above motion was carried by the following:

ROLL CALL VOTE:

AYES: BILDERAIN, KLINK, MINTZ, SCOTT, WRIGHT
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE

PUBLIC HEARING

12. Twentynine Palms Lighting and Landscaping Assessment District #1, Confirming Assessment and Levying Assessment for FY 2023-2024.

RECOMMENDATION: The City Council:
1) Conduct the Public Hearing.
2) Adopt Resolution No. 23-20; a Resolution of the City Council of the City of Twentynine Palms confirming the diagram and assessment and levying assessment pursuant to the Lighting and Landscaping Act of 1972 for Fiscal Year 2023-2024.

City Manager Luckino presented the Staff Report.

Mayor Wright opened the Public Hearing.

Having no requests to speak, Mayor Wright closed the Public Hearing.

ACTION: A motion was made by Councilmember Mintz, seconded by Mayor Pro Tem Bilderain, to adopt Resolution No. 23-20; a Resolution of the City Council of the City of Twentynine Palms confirming the diagram and assessment and levying assessment pursuant to the Lighting and Landscaping Act of 1972 for Fiscal Year 2023-2024.

The above motion was carried by the following:

ROLL CALL VOTE:

AYES: BILDERAIN, KLINK, MINTZ, SCOTT, WRIGHT
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE

DISCUSSION AND POTENTIAL ACTION ITEMS

13. Morongo Basin Arch.

RECOMMENDATION: The City Council review and approve the promissory note of $20,000 to Morongo Basin Arch for the support of the homeless in Twentynine Palms.

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City Council - Regular Meeting
August 8, 2023
City Manager Luckino presented the Staff Report. He then passed the floor to Ms. Astrid Johnson, with Morongo Basin Arch, who provided more information.

Councilmember Klink asked if the City Council could bypass the Promissory Note and just grant them the $20,000.

After a brief discussion, a motion was made by Councilmember Klink, seconded by Councilmember Mintz to GRANT Morongo Basin Arch $20,000, no Promissory Note, for the support of the homeless in Twentynine Palms.

The above motion was carried by the following:

ROLL CALL VOTE:

AYES: BILDERAIN, KLINK, MINTZ, SCOTT, WRIGHT
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE

14. Council Code of Conduct - Future Agenda Item Request.

RECOMMENDATION: The City Council provide policy direction.

Mayor Wright read a statement from himself regarding this item. He mentioned that he added this item to enhance the efficiency of the City Council meetings. He respectfully requested to withdraw this item from the agenda, apologizing for any misunderstanding this may have caused. Councilmember Mintz seconded the initial request and agreed that it should be withdrawn.

15. Aha Projects!
RECOMMENDATION: The City Council approve the deal points for the lease agreement with Aha Projects! for the property located on 73637 Sullivan Road for a term of 5 years for $1 / year and authorize the City Manager to negotiate and sign the agreements.

Community Development Director Gardner (Director Gardner) presented the Staff Report.

City Clerk Villescas read an email that was sent to be read for the record from Margaret Cowan and Greg DaPonte, who are in favor of this lease agreement.

ACTION: A motion was made by Councilmember Klink, seconded by Councilmember Scott, to approve the deal points for the lease agreement with Aha Projects! for the property located on 73637 Sullivan Road for a term of 5 years for $1/ year and authorize the City Manager to negotiate and sign the agreements.

The above motion was carried by the following:

ROLL CALL VOTE:

AYES: BILDERAIN, KLINK, MINTZ, SCOTT, WRIGHT
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE

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City Council - Regular Meeting
August 8, 2023

16. Resolution Approving Second Amendment to Franchise Agreement with Burrtec Waste and Recycling Services, LLC, to Implement Organic Waste Recycling Requirements Imposed by New State Law (SB 1383).

RECOMMENDATION: The City Council:

1. Adopt Resolution No. 23-21, approving the Second Amendment to Franchise Agreement with Burrtec Waste and Recycling Services, LLC, to Implement Organic Waste Recycling Requirements Imposed by New State Law (SB 1383); and

2. Authorize the City Manager to sign the Second Amendment to the Amended and Restated Agreement Between the City of Twentynine Palms and Burrtec Waste and Recycling Services, LLC. for Solid Waste Handling Services.

City Attorney Muñoz presented the Staff Report.

Councilmember Scott asked if it would be possible to remove the exclusive rights clause for roll off bins in the contract. City Attorney Muñoz commented that this could be discussed with Burrtec.

Veno Nathraj, Twentynine Palms, asked that the City Council consider the exclusiveness. Competition is good for business, and he feels that the City should consider an alternative to use Burrtec or some other company if available.

ACTION: A motion was made by Councilmember Mintz, seconded by Councilmember Klink, to:

The above motion was carried by the following:

ROLL CALL VOTE:

AYES: BILDERAIN, KLINK, MINTZ, SCOTT, WRIGHT
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE

FUTURE COUNCIL INITIATED ITEMS

1. Seasonal Banners throughout the City.

2. Maintained vs. Non-Maintained Roads.

3. Discussion on partnering with Non-profits to open a "Warming Shelter".

4. Identify ten lots to start a self-help construction program.

5. Discussion on forming a Youth Advisory Committee.

6. Discussion with the Homeless Committee on the possibility of hotels housing the homeless for short periods of time.

7. Discussion on the possibility of moving the Wastewater Treatment Plant from the Desert Knoll area to the east side of the City in the Industrial zone.

No other items were added.

PUBLIC COMMENTS
Veno Nathraj, Twentynine Palms, asked for transparency in the community. He mentioned that he discovered at the TBID meeting that they had $500,000 in reserves and asked why this had not been relayed before.

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City Council - Regular Meeting
August 8, 2023
Joseph Carder, Twentynine Palms, thanked the Mayor for the heartfelt apology.

Sandy Smith, Twentynine Palms, thanked the City Council for their investment in Copper Mountain College and they appreciate the partnership.

Eileen Leslie, Twentynine Palms, commented on TBID, proposing that it be disband and that this item be added to an agenda.

Alice Lawson, Twentynine Palms, commented on crosswalks at school zones.

Cindy Bernard, Twentynine Palms, commented that she agrees with Ms. Leslie and TBID. She also asked the City Council to consider a discussion of recording committee meetings. She commended Mayor Wright for his letter of apology.

Andrew Fulbright, Twentynine Palms, commented on the Wastewater Project. He asked that the City Council do their due diligence and conduct a cost analysis.

April Ramirez, Twentynine Palms, commented that she was also at the TBID meeting, learning that they had $500,000 in reserves and there is also no need for an additional person at the Visitors' Center. She commented that she also believes that the TBID should be disband because she feels it is being mismanaged.

CITY MANAGER UPDATE
City Manager Luckino provided the following updates: he mentioned that the State has contacted him, and they say they are very close to deciding on a fully funded grant for the Wastewater Project. He also mentioned that the future agenda item request of relocating the Treatment plant will possibly be addressed at the next meeting. He mentioned that Habitat for Humanity will give a presentation at the Rotary meeting on Wednesday, we are looking at getting a project with the City, Cal Recycle is working with a local company to provide mobile recycling pickup, and the Development Impact Fees will be on the next agenda.

ADJOURNMENT - Mayor Wright adjourned the meeting at 7:30 p.m.

Respectfully submitted,
Cindy Villescas, CMC
City Clerk/Public Information Officer

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STAFF REPORT
TO: City Council
FROM: City Manager
FOR MEETING: Sep 12 2023
SUBJECT: Luckie Park Stadium Light Project Management.

RECOMMENDATION:

The City Council approve the City Manager to negotiate and execute a contract with Tanko Lighting for project management and bid document creation not to exceed $100,034 or 7% of construction cost.

ORDER OF PROCEDURE:

Request Staff Report (City Manager Presenting)
Council Questions of Staff
Request Public Comment
Council Discussion
Motion/Second
Discussion of Motion
Call the Question
ATTACHMENTS:
• Stadium Lighting Conversion
Consultancy
• Feasibility Analysis Report
BACKGROUND:

Several years ago, the City Council allocated $1M for the replacement of Luckie Park Stadium lights around the park, however the estimate is around $1.4M, including contingency, hence the need to borrow an additional $500K to complete the financing for the project. The current stadium lights and poles are 50+ years old. The poles are wood and deteriorating and the lights are old technology. The proposed improvements would be steel poles and LED lights. The Lights would create a savings of about 70% of current costs. Below is a cost estimate from Qualite, the same company that installed the lights at Knotts Sky Park. Tanko lights is a consultant and project manager that has helped the City analyze and would oversee the project. The City would bid out the construction of the project once the loan is approved by I-Bank. Tanko also did a feasibility analysis on this project along with the potential purchase of our streetlights from Edison, however the City is not pursuing that project at current time. Professional Services are NOT required to be competitively bid out, so we found them based on work done with other cities, however the cost is within reasonable standards.

Twentynine Palms Luckie Park LED Conversion Pricing
Task Amount Notes
Material ( Optio n 1) $ 822,00 3.00
Total Cost Wit h Early Pay men t Discount - 50% pay ment a t ti me of PO Sales Tax, Labor, Unloadi ng, and I nstalla tion of Eq uip ment is NOT include d

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Material ( Optio n 2) $ 844,37 5.00
Total Cost Wit hout Early Pay ment Discou nt -No 50% paym ent u pon PO submissio n Sales Tax, Labor, Unloadi ng, and I nstalla tion of Eq uip ment is NOT include d Installa tion $ 306,70 0.00 Includes all services related to the re moval of the exist ing 2 8 sports ligh ting syste ms ( includi ng poles an d fixt ures) , as well as the installa tion o f 22 ne w LED sports lig hts an d 22 ne w poles, and the p oten tial ins tallat ion of 22 new area li ghts Conti ngency $ 254,15 7.00 Electrical Inst allati on per fiel d quo te incl udes all labor, eq uip ment, ne w cond uit, wire an d min or material Total Option 1 $ 1,382,860.00
Total Option 2 $ 1,405,232.00
ENVIRONMENTAL:

Not Applicable.

ALTERNATIVES:

The City Council could choose not to approve the loan submission, use reserves to pay for the Lights, cancel the project, or give other direction.

FISCAL IMPACT:

There is $1M is already allocated in the current approved budget along with the borrowing up to $500K, and the debt service payments are within the approved budget as well, so there is no additional fiscal impact. The estimated debt service payment will be $38,089.

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PROPOSAL TO THE CITY OF TWENTYNINE PALMS, CA
Submitted by:

Jason Tanko
Chief Executive Officer
Tanko Streetlighting, Inc.
220 Bayshore Boulevard
San Francisco, CA 94124

Submitted to:

Frank Luckino
City Manager
City of Twentynine Palms
6136 Adobe Road
Twentynine Palms, CA 92277
[email protected]
Date Submitted:

August 16, 2023

Tanko Lighting
Copyright | All Rights Reserved

FOR

LUCKIE PARK BALLFIELD LIGHTING CONVERSION

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TABLE OF CONTENTS
Cover Letter..................................................................................................................................................................3 Company Profile...........................................................................................................................................................4 References....................................................................................................................................................................5 Scope of Services..........................................................................................................................................................6 Task 1: Development of Bid Documents...............................................................................................................6 Task 2: Installation Management..........................................................................................................................7 Pricing...........................................................................................................................................................................8

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COVER LETTER
August 16, 2023
Frank Luckino
City Manager
City of Twentynine Palms
6136 Adobe Road
Twentynine Palms, CA 92277
[email protected]
Dear Mr. Luckino,
Tanko Streetlighting, Inc. (“Tanko Lighting”) appreciates the opportunity to submit this proposal for a Luckie Park Ballfield Lighting Conversion project to the City of Twentynine Palms.

Given our understanding of the City’s needs and interests, coupled with our extensive experience with streetlight purchase negotiations nationwide, we believe we can offer the City a successful project.

Please let us know should you have any questions. We look forward to your feedback.

Regards,
Jason Tanko
Chief Executive Officer
Enclosures

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COMPANY PROFILE
Our Qualifications: As a streetlighting expert,
Tanko Lighting is uniquely qualified to assist
the City with this project. Please find several
elements demonstrating our firm’s capabilities
to accomplish this project below:
• Streetlight Experience: We are solely
dedicated to municipal streetlighting
projects – with an entire staff
exclusively focused on such projects.

As such, we have a large portfolio of
active streetlight projects, have previously been or are currently involved with the energy efficiency conversion of more than 629,000 streetlights throughout the nation, and are actively developing projects for an additional 550,000+ streetlight fixtures.

Additionally, our work spans more than twenty states, and fifty-five utilities. Our company’s sole focus on streetlighting distinguishes it from others, which focus on diverse measures and renders them generalists, while we are streetlight specialists.

Finally, our expertise has been forged by diverse project types – including various sized projects (ranging from as large as 38,000+ fixtures to as few as 49 fixtures), as well as incredibly complex projects, derived from such factors as square mileage/area, complicated data, inconsistent existing design, and complex scopes of work. • Technical Knowledge: Tanko Lighting has significant technical expertise centered on municipal streetlighting infrastructure. Led by an electrical engineer and licensed electrical contractor, Jason Tanko (Chief Executive Officer), our team understands the field conditions and system constraints that are often involved with municipal streetlighting projects. This enables the team to accurately design projects to prevent anticipated challenges, as well as quickly respond with streamlined solutions in the event of technical difficulties during a project.

Our Successes: Our success lies in our unique passion for streetlighting, which translates into a drive to ensure that projects are successfully completed. We are tremendously aware that client satisfaction is essential to our success. Thus, we strive to make every client an enthusiastic reference for future work. Clients are receptive to this drive, to the point that they frequently recommend us to other municipalities. Please find more detailed information of our projects in Appendix A. A few of our major successes include:
• City of Tustin, CA: Tanko Lighting provided the City of Tustin with a turn-key LED streetlight conversion for the City’s approximate 3,500 streetlight fixtures. Tanko Lighting provided audit, data reconciliation, feasibility analysis, acquisition support, procurement, design, installation coordination and project management for the City’s LED streetlight conversion project. • City of Rancho Cucamonga, CA: This involved the LED conversion of the City’s 16,000 fixtures, recently acquired from SCE. Tanko Lighting expedited the installation process such that as soon as SCE released each batch of purchased fixtures, the City was converted to LED streetlights well ahead of the next batch – which maximized the City’s energy savings. Our team completed the project in early 2018 and also provided ongoing maintenance services for the system. • City of Simi Valley, CA: A current project for the City of Simi Valley, CA, which involves the acquisition of the streetlight system from Southern California Edison (SCE) and the LED conversion of the approximate 8,000 acquired fixtures. We are currently completing the LED installation phase of the project.
• City of Orange, CA: Tanko Lighting assisted the City of Orange in negotiating a fair and streamlined acquisition from SCE for the purchase of the City’s streetlight system comprised of approximately 4,500 fixtures. Our team successfully convinced SCE to minimize delays with the acquisition process and expedite the transfer of assets and we completed a feasibility analysis which concluded that it was cost effective and in the City’s best interest to acquire the streetlight system. • City of Stanton, CA: Tanko Lighting is assisting the City of Stanton in negotiating a fair and streamlined acquisition from SCE for the purchase of the City’s streetlight system of approximately 1,300 fixtures. Our team successfully convinced SCE to minimize Sole Focus on
Streetlighting
629,000+
Streetlights
in Contract
339,000+
Streetlights
Acquired
80,000+
Fixtures
Maintained
190+
Nationwide
Projects
Why Tanko Lighting?

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www.tankolighting.com | 220 Bayshore Blvd | San Francisco, CA 94124 | P 415.254.7579 | F 415.822.3626 Page 5 of 8 CITY OF TWENTYNINE PALMS, CA | LUCKIE PARK BALLFIELD LIGHTING CONVERSION delays with the acquisition process and expedite the transfer of assets. We are currently completing the final installations for the project.
• City of Vista, CA: A turn-key project for the City of Vista, CA, which involved the LED conversion of 2,300 cobra head fixtures, including GIS audit, design, materials procurement, installation, commissioning, and coordinating rebate/rate changes with San Diego Gas & Electric.
• City of Poway, CA: A turn-key project for the City of Poway, CA, which includes the LED conversion of 3,286 fixtures, including GIS audit, design, materials procurement, installation, commissioning, and coordinating rebate/rate changes with San Diego Gas & Electric.
• City of Berkeley, CA: A turn-key project for the City of Berkeley, CA, which involved the LED conversion of not only 7,000 cobra head fixtures (for which Tanko Lighting provided design recommendations with tremendous savings), but also 1,100 decorative fixtures (which involved twenty different types of decorative fixtures for which we recommended LED retrofit kits) – which saved the City approximately $ 500,000 in costs.
• City of Oakland, CA: A project for the City of Oakland, CA, which involved in the LED conversion of 38,000 fixtures. Tanko Lighting was initially involved with the original team, orchestrating the strategy and project management approach for the awarded contractor. However, when the prime contractor defaulted on the project, its surety company hired our firm directly to clean up the mistakes, and re-audit, label, and data reconcile the entire City’s streetlight system. This resulted in the successful completion of the project and helped to settle the City’s bond claims.
• City of Modesto, CA: A turn-key project for the City of Modesto, CA, which involved the LED conversion of 9,800 cobra head fixtures. Tanko Lighting successfully convinced the City to segment the streetlight measure from a larger project with an Energy Services Company (ESCO) involving multiple measures in a Standard Performance Contract. This shift enabled the City to save $2.2 million in costs and expedite the LED conversion, such that the energy savings were more rapidly achieved.

REFERENCES
Please find a sample of Tanko Lighting’s references below.

City of La Puente, CA
John DiMario, Director of Development Services
626-855-1517
[email protected]
15900 Main St, La Puente, CA 91744
Description of Services: Our team provided a GIS audit, data reconciliation, acquisition support, turnkey LED conversion and is providing ongoing maintenance services for the City’s 1,620 streetlight fixtures.

City of Rancho Cucamonga, CA
Fred Lyn, Municipal Utility Director
909-477-2740
[email protected]
10500 Civic Center Drive, Rancho Cucamonga, CA 91730
Description of Services: Tanko Lighting provided turn-key support, including audit, data reconciliation, design, procurement, installation coordination, rebate/rate change and reporting services for the City of Rancho Cucamonga’s streetlight LED conversion project – which included approximately 15,000 streetlight fixtures. This project is in Southern California Edison’s (SCE) territory and required Tanko Lighting to closely coordinate with SCE for the rebate and rate Tanko Lighting’s project in Poway, CA

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www.tankolighting.com | 220 Bayshore Blvd | San Francisco, CA 94124 | P 415.254.7579 | F 415.822.3626 Page 6 of 8 CITY OF TWENTYNINE PALMS, CA | LUCKIE PARK BALLFIELD LIGHTING CONVERSION changes associated with the project. Tanko Lighting completed the project and continues to provide ongoing maintenance services for the City.

City of Tustin, CA
Stacey Cuevas, Public Works Manager
714-573-3037
300 Centennial Way, Tustin CA 92780
[email protected]
Description of Services: Tanko Lighting provided audit, data reconciliation, feasibility analysis, and acquisition support for the City’s LED streetlight conversion project for 3,500 fixtures.

SCOPE OF SERVICES
Task 1: Development of Bid Documents Tanko Lighting has extensive experience with assisting municipalities with developing public Requests for Proposals involving the installation tasks and materials for LED lighting conversions. Our team has the expertise to develop solicitations with the appropriate qualifications and requirements to ensure that the City obtains the right installation contractor and materials for this project.

Our approach involves the following activities:
• Product Specifications: We will prepare the product specifications based on the City’s preferences and submit these to the City for review so that the approved versions are ultimately included in bid documents. • Installation Specifications: Our team will develop the bid documents for the installation/materials bid and will ensure they include:
• Description of work
• Required installation schedule
• Reference standards
• Submittals
• Quality assurance
• Warranty
• Installation
• Field quality control
• Adjusting and cleaning
• Disposal
• Requirements for handling any potential field issues, including no power, missing wire, etc. • Safety standards
• Equipment requirements
• Licensing/reporting requirements
• Pricing requirements/templates
• Communication requirements, including pre-construction and regular project progress meetings, as well as data collection, training, documentation, and reporting requirements • Minimum qualifications
• Procurement Coordination: Once the bid is released, our team will support the City with the development of responses to questions and any necessary addenda documents, as well as assist with bid reviews and interviews, as needed.

Deliverables:
• Bid Documents: Draft language and supporting materials for the City’s installation and materials bid.

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www.tankolighting.com | 220 Bayshore Blvd | San Francisco, CA 94124 | P 415.254.7579 | F 415.822.3626 Page 7 of 8 CITY OF TWENTYNINE PALMS, CA | LUCKIE PARK BALLFIELD LIGHTING CONVERSION Task 2: Installation Management We will ensure that all logistics are carefully coordinated for the project. Our team will work with the City’s main point of contact to develop an installation plan that minimizes inconvenience to the City and includes ordering schedules, traffic control plans (if needed), waste disposal and recycling procedures (that comply with all applicable State and Federal laws), and installation and commissioning schedules as required to the City.

Tanko Lighting will also ensure that the City’s selected installation contractor utilizes professionals, properly trained in and abiding by all company and industry safety standards. The installation contractor will be fully insured and responsible for meeting all federal, state, and local codes and laws.

The installation contractor will provide safety, installation, traffic control, and environmental disposal services for this project. The installation contractor’s efforts will be directed by a foreman, who will be responsible for all logistics and field installation, including safety and traffic control, and all management of field staff. The installation contractor will provide all the required safety equipment for the project.

Our team will facilitate a pre-construction meeting with City staff and the installation contractor to review the traffic control plans (if needed), work safety, public safety and waste material handling procedures and requirements prior to the start of installation. We will also coordinate and participate in regularly scheduled progress meetings with City staff.

On behalf of the City, our team will be the primary point of contact with the selected installation contractor on a daily basis once the installation begins, so that we can identify any troubleshooting needs and ensure the progress of the project.

Upon completion of the installation, Tanko Lighting will ensure that the installers perform final inspection on all fixtures, correct any “punch list” items, test lights to ensure that they work, and identify locations where repair needs City assistance. Tanko Lighting will provide the City with a complete commissioning report outlining any errors and actions taken to correct errors.

Deliverables
• Logistics Management Details: Ordering, traffic control plans (if needed), required permits, disposal strategy, pre-construction meeting, ongoing meetings, installation and commissioning schedules. • Weekly Installation Report: A detailed listing of the work completed during the installation phase. • Commissioning Report: Detailed analysis of final installation verification and testing, including an outline of any errors and actions taken to correct errors.

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PRICING
Please find our pricing below, which is valid for sixty (60) days from the date of this proposal.

Payment Terms
• Tanko Lighting will invoice the City monthly, based on the percentage of each task completed each month. • City shall pay Tanko Lighting within thirty (30) days of invoice receipt.

Task Cost
Prepare Material Bid Documents $4,006
Prepare Installation Bid Documents $4,006
Prepare Wiring Bid Documents $4,006
Develop Responses to Bid Questions $4,508
Develop Addenda Documents $4,258
Review Material Bid Submissions $4,132
Review Installation Bid Submissions $4,132
Review Wiring Bid Submissions $4,132
Review Bids with the City $2,630
Interview Bidders with the City $5,512
Final Bid Determination $2,754
Procurement Coordination & Tracking $4,260
Coordinate Traffic Control (If Needed) $1,692
Installation Preparation $8,392
Wiring Pre-Construction Meeting $2,818
Installation Pre-Construction Meeting $2,818
Installer Training $2,818
Installation/Wiring Testing Coordination $6,890
Permiting Coordination $3,006
Total $100,034
Task 1 - Development of Bid Documents
Task 2 - Installation Management
Provide Product Specifications $4,602
Pricing
Commissioning & Installation Monitoring
Installation Punchlist Coordination, Material
Disposal Coordination
$11,962
$6,700

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FEASIBILITY ANALYSIS REPORT

OF STREETLIGHT SYSTEM OWNERSHIP

AND SPORTS LIGHTING LED CONVERSION FOR

THE CITY OF TWENTYNINE PALMS, CA
Submitted by:

Jason Tanko
Chief Executive Officer
Tanko Streetlighting, Inc.
220 Bayshore Boulevard
San Francisco, CA 94124
Submitted to:

Frank Luckino
City Manager
City of Twentynine Palms, CA
6136 Adobe Road
Twentynine Palms, CA 92277

February 13, 2023

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TABLE OF CONTENTS
Table of Contents ....................................................................................................................................................... 2 Executive Summary ................................................................................................................................................... 3 Introduction ............................................................................................................................................................ 3 Methodology ........................................................................................................................................................... 3 Summary of Findings............................................................................................................................................... 3 Recommendations .................................................................................................................................................. 3 Feasibility Analysis Report .......................................................................................................................................... 5 Project Background ................................................................................................................................................. 5 Methodology ........................................................................................................................................................... 5 Options .................................................................................................................................................................. 6 Results ................................................................................................................................................................... 6 Stadium Light LED Conversion ................................................................................................................................. 8 Financing Options ................................................................................................................................................... 8 Recommendations & Conclusions ............................................................................................................................ 9 Appendices .......................................................................................................................................................... 10 Appendix A – Financial Analysis & Assumptions ...................................................................................................... 11 Appendix B –Acquisition, Conversion, Maintenance Processes ................................................................................. 16 Appendix C – Smart Cities ..................................................................................................................................... 18 Appendix D – Qualifications & Procurement Options ................................................................................................ 19

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EXECUTIVE SUMMARY
Introduction
Tanko Lighting was engaged by the City of Twentynine Palms, CA to develop an analysis of the City’s ownership and operational options related to the streetlight assets located within the City, as well as the stadium lights located in Luckie Park. The evaluation considered the potential acquisition of the streetlights from the utility, conversion of streetlights and stadium lights to Light Emitting Diodes (LEDs), and ongoing maintenance of the streetlights, if acquired.

Please note that this evaluation is intended to be a completely exploratory document. The information provided in no way establishes the likelihood of success for the acquisition, and in no way leads to any predetermination of the City’s approach. It is merely intended to be a guide, analyzing the financial and logistical hypothetical feasibilities of the various options presented.

Methodology
The Tanko Lighting project team conducted the following tasks to determine the analysis:
 Streetlight Inventory Analysis
 Rate Analysis
 Streetlight Acquisition Analysis
 Light Emitting Diode (LED) Conversion Analysis
 Streetlight Maintenance Analysis
 Financing Analysis
 LED Stadium Light Analysis
Summary of Findings
The analysis indicates:
 Option 1: Municipal Acquisition, LED Conversion, and Ongoing Maintenance will cost the City approximately $451,822 and result in approximately 47% or $30,675 in energy and maintenance savings annually, as well as an estimated payback period of 14.64 years. The City would save an estimated total of $589,979 over 20 years.  Option 2: Continued City Ownership and LED Conversion of the City’s Stadium Lights in Luckie Park will cost the City approximately $1,510,697 and result in approximately 26% or $7,556 in energy and maintenance savings annually, as well as an estimated payback period of over 20 years. The City would save an estimated total of $166,385 over 20 years.  Option 3: Municipal Acquisition, LED Conversion, and Ongoing Maintenance of all Utility-Owned Streetlights, and LED Conversion of the City’s Stadium Lights in Luckie Park will cost the City approximately $1,962,519 and result in approximately 41% or $38,232 in energy and maintenance savings annually, as well as an estimated payback period of over 20 years. The City would save an estimated total of $756,363 over 20 years.  Option 4: Continued Utility Ownership – No Acquisition, No LED Conversion will result in no change to the City’s streetlight system (this is the business-as-usual option). Under the best-case scenario, the City would pay the same in the future. Most of the SCE-owned streetlights in Twentynine Palms are LED, and we believe that ultimately Southern California Edison (SCE) will convert the rest of the system to LED. Recent utility-driven LED conversions across the United States show little to no savings, and in fact costs actually rise post utility-initiated LED conversion.

Recommendations
Tanko Lighting recommends the following:

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CITY OF TWENTYNINE PALMS, CA |STREETLIGHT FEASIBILITY ANALYSIS REPORT | TANKO LIGHTING www.tankolighting.com | 220 Bayshore Blvd | San Francisco, CA 94124 | P 415.254.7579 | F 415.822.3626  Move forward with Option 3: Municipal Acquisition, LED Conversion, and Ongoing Maintenance of all Utility-Owned Lights, and LED Conversion of the City’s Stadium Lights in Luckie Park.  Schedule a meeting or call with Tanko Lighting to review options and next steps.

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FEASIBILITY ANALYSIS REPORT
Project Background
Over the past few decades, many municipalities have purchased their streetlights from their respective utilities. As a result, the ownership structure of streetlight systems varies across California. Within the state, there is a mix of municipalities that own either all or some of their systems, as well as those that do not own any of their streetlights.

The process of obtaining and purchasing streetlight systems from utilities is not a new or novel concept. In fact, over 80 municipalities in California have acquired their streetlight systems from their utilities since 1970. Intrinsically, municipalities’ rights to acquire and gain possession of streetlight assets have been proven.

Typically, the main reason for acquiring streetlights is to obtain savings via transitioning from the LS-1 utility-owned rate to the LS-2 municipal-owned rate. Acquiring streetlights also allows municipalities to control the management and maintenance of their systems within their geographic borders.

An analysis of streetlight acquisition feasibility is an important step in determining a city’s streetlight ownership and operations options.

Tanko Lighting was engaged by the City of Twentynine Palms, CA, to develop a preliminary analysis of the City’s ownership and operational options related to the streetlight assets located within the City. Currently, most of these assets are owned and maintained by the City’s local utility, Southern California Edison (SCE). (Note that the City owns a small number of streetlights that are excluded from this analysis). Given the high cost of electricity and maintenance associated with SCE’s ownership of the system, the City requested that Tanko Lighting explore the impact of municipalizing the SCE-owned assets and the costs and benefits associated with ongoing direct ownership, operations, and maintenance of the streetlight system. If an acquisition is feasible, subsequent steps (such as an appraisal and ownership discussions) will confirm the fair market value of the streetlight system within the City of Twentynine Palms, CA.

The City also requested that Tanko Lighting explore the impacts of converting its stadium lights in Luckie Park to LED. At the City’s request, Tanko Lighting worked with Qualite Sports Lighting to assess conversion costs for the stadium lights.

Methodology
Tanko Lighting used the following methodology to complete this analysis:
 Inventory Analysis: Reviewed the City’s recent utility bills and streetlight audit data collected by Tanko Lighting to determine the estimated current inventory.
 Rate Analysis: Analyzed the current electricity rates and the potential new rates to calculate the estimated impact of transitioning ownership of the system and converting to LED fixtures.  Acquisition Analysis: Evaluated previous municipal streetlight acquisitions in the City’s utility territory and statewide history, including purchase price and depreciation of the assets. Incorporated an estimated purchase price of $173,500 total or approximately $500 per fixture.
 LED Conversion Analysis: Developed budgetary estimates for the LED conversion costs based on average material, installation costs, and pricing in the Twentynine Palms region.
 Maintenance Analysis: Estimated budget for the post-acquisition maintenance services based on the nationwide industry standard of services and average pricing in the region.

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CITY OF TWENTYNINE PALMS, CA |STREETLIGHT FEASIBILITY ANALYSIS REPORT | TANKO LIGHTING www.tankolighting.com | 220 Bayshore Blvd | San Francisco, CA 94124 | P 415.254.7579 | F 415.822.3626  Financing Analysis: Reviewed the financing options available to the City and summarized in this report, including: self-financing, third party financing, state-sponsored programs, and any available rebates.  Qualite Sports Lighting LED Stadium Light Analysis: Tanko Lighting worked with Qualite Sports Lighting (the City’s preferred stadium light contractor) to obtain quotes for a stadium light LED conversion. Costs associated with Qualite’s proposed LED conversion are included in this report.

Options
The City has four options regarding the ongoing operation of its streetlight system:
 Option 1: Acquisition, LED Conversion, Ongoing Maintenance – The City purchases the streetlight system from SCE, converts the last few High Intensity Discharge lights (ex: HPS, MH, etc.) to LED fixtures, and provides or outsources ongoing maintenance for the system. Further, the City will:
o Transfer to a new, municipal-owned electricity rate for the streetlight system o Eliminate the maintenance fees previously included in the LS-1 rate o Convert the existing system to energy-efficient LED fixtures o Transfer to a (reduced) LED fixture electricity rate for the streetlight system o Maintain the system via City staff or a qualified contractor o Have the option to employ smart systems management and explore third party attachments  Option 2: LED Conversion of the City’s Stadium Lights in Luckie Park - The City converts its stadium lights to LED and takes no action regarding streetlight ownership.
 Option 3: Municipal Acquisition, LED Conversion, and Ongoing Maintenance of All Utility-Owned Lights, LED Conversion of the City’s Stadium Lights at Luckie Park - The City takes all the actions described in Option 1, while also converting its existing stadium lights to LED.
 Option 4: No Action – The City can choose to continue as-is with no ownership change or conversion. SCE would continue to own, operate, and maintain the existing system. The City would have no direct oversight of the fixtures or design of the system, nor control over the efficiency with which they are maintained.

Results
Please find a comparison of the costs/benefits of Options 1 – 3 in the chart and graph below. Note that Option 4 would result in no changes to the City’s current streetlight system, which means that the energy and maintenance costs under Option 4 would match existing energy and maintenance costs (outlined in the chart and graph below).

Option 1: Acquisition, LED Conversion, and Ongoing Maintenance* Option 2: LED Conversion of the City’s Stadium Lights in Luckie Park* Option 3: Acquisition, LED Conversion, and Ongoing Maintenance of all Utility-Owned Lights and LED Conversion of Stadium Lights* Costs/Benefits of Each Option Existing New Savings % Savings Option 1
Annual Energy + Maintenance $65,272 $34,597 $30,675 47% 20-Year Energy + Maintenance $1,437,230 $847,251 $589,979 41%** Option 2
Annual Energy + Maintenance $28,732 $21,176 $7,556 26%
20-Year Energy + Maintenance $632,659 $466,274 $166,385 26% Option 3
Annual Energy + Maintenance $94,005 $55,773 $38,232 41% 20-Year Energy + Maintenance $2,069,889 $1,313,526 $756,363 37% ** *See Appendix A: Financial Analysis & Assumptions for details.

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CITY OF TWENTYNINE PALMS, CA |STREETLIGHT FEASIBILITY ANALYSIS REPORT | TANKO LIGHTING www.tankolighting.com | 220 Bayshore Blvd | San Francisco, CA 94124 | P 415.254.7579 | F 415.822.3626 **Note that the percentage savings differs between the annual and 20-year analyses for Option 1 and 3. This is because maintenance costs increase over time, as warranties for fixtures expire. The percentage savings for Option 2 does not differ between the annual and 20-year analyses, as maintenance costs were excluded from this option (see Appendix A for additional details).

Option 1: The Annual Energy Costs chart represents the energy costs for the next 20 years for both the existing, as well as the acquired and LED-converted streetlighting system. The blue bar represents the existing system costs, and the orange bar represents the postacquisition and LED conversion system costs.

Option 2: The Annual Energy Costs chart represents the energy costs for the next 20 years for both the existing, as well as LED-converted Stadium Lights in Luckie Park. The blue bar represents the existing system costs, and the orange bar represents the post-LED conversion system costs.
$-
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Option 1: Acquisition & LED Conversion of Cobrahead Fixtures Annual Energy Costs
Existing New
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Option 2: Stadium Light LED Conversion Option
Annual Energy Costs
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CITY OF TWENTYNINE PALMS, CA |STREETLIGHT FEASIBILITY ANALYSIS REPORT | TANKO LIGHTING www.tankolighting.com | 220 Bayshore Blvd | San Francisco, CA 94124 | P 415.254.7579 | F 415.822.3626 Option 3: The Annual Energy Costs chart represents the energy costs for the next 20 years for both the existing, as well as the acquired and LED-converted streetlighting system (both cobrahead fixtures and stadium lights). The blue bar represents the existing system costs, and the orange bar represents the post-LED conversion system costs.

Stadium Light LED Conversion
Luckie Park’s current stadium light system is comprised of 28 wooden poles that support a total of 168 individual stadium lights. Each pole contains 3 to 9 individual light fixtures.

Qualite suggests removing the existing 28 wooden poles and replacing them with 22 galvanized steel poles during the LED conversion.

Qualite’s justification is that the existing wooden poles will need to be replaced in the near future and replacing the poles during the LED conversion will minimize installation costs, as it removes the need to remobilize for pole replacements. In addition, preemptively replacing the poles at the time of conversion will prevent the need for emergency installation work if a pole were to fall down.

All anticipated costs for light material, pole material, pole removal, installation, and management are estimated to be: $1,510,697.

Financing Options
The industry standard for financing municipal streetlight conversion projects is either public or private financing. While there are advantages and disadvantages to both, we suggest private financing. Some pros and cons of each include:

Public Financing:
• Interest rates are much lower than private
• Often requires voter approval
• Advertising and election costs
• Staff burden, particularly with reporting requirements • Lengthy process
• Prepayment penalties
• Term may exceed rated equipment life
• Hidden fees
• More relevant for large and long-term projects
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Year
Option 3: Acquisition and LED Conversion
of Cobrahead Fixtures and LED Conversion of Stadium Lights Annual Energy Costs
Existing New

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CITY OF TWENTYNINE PALMS, CA |STREETLIGHT FEASIBILITY ANALYSIS REPORT | TANKO LIGHTING www.tankolighting.com | 220 Bayshore Blvd | San Francisco, CA 94124 | P 415.254.7579 | F 415.822.3626 Private Financing:
• Interest rates subject to market at the time
• No need for voter approval
• Energy cost savings from the streetlight upgrade repay the financing • No upfront costs
• Documentation is simpler, and the process is streamlined • Staff burden is minimized
• No hidden fees or reporting requirements
• Rated equipment life matches the lease term
Municipalities can secure private financing through third party entities, which typically offer low interest financing that includes all costs related to the project, which are repaid through the project’s savings. Some private financing options that are available to the municipality including local or national banks, manufacturer specific financing programs, and private companies. These financing options do not impact the City’s ability to borrow for other projects, as the streetlight acquisition and conversion will have its own positive cash flows.

For any costs associated with acquisition and LED conversion of the utility-owned streetlights, Tanko Lighting made a conservative estimate for the City of Twentynine Palms that a loan would entail a 4.85% interest rate over a ten-year term. This would result in approximately $100,382 paid in interest.

Qualite provided financing estimates from its own financing contact for the LED stadium light conversion. Qualite estimated a loan would entail an 8.5% interest rate over a 5-year term. This would result in approximately $320,074 paid in interest.

Recommendations & Conclusions
Tanko Lighting recommends that the City purchase its streetlight system from SCE and convert its stadium lights to LED (Option 3). This option will allow the City to have control over its lighting levels and maintenance of the system, and to gain the financial and environmental benefits of a fully LED-converted system. This option also has the potential to save the City an estimated 37% on its energy bills, or approximately $756,363 over the next 20 years. While the City could see some savings from merely converting its stadium lights to LED (Option 2), the City would have limited control over the majority of its streetlight system (which would still be owned by SCE), and be subject to future rate hikes on its SCE-owned lights. Tanko Lighting does not recommend Option 4, given the savings possible in Options 1 through 3.

The most common complaint voiced to Tanko Lighting by municipalities with utility-owned systems is that maintenance timelines are slow, and the infrastructure is not well maintained. While the utility will still play a role in the overall health of the system, under Options 1 and 3, the City will be able to dispatch its maintenance contractor at a City-determined pace to address most of the issues. Options 1 and 3 also give the City control of its lighting levels and coverage throughout the City’s roadways. The City can collaborate with its consultant to design a system that meets the community’s needs.

Converting the City’s aging stadium light infrastructure in Luckie Park to LED will also benefit the City long-term. Though purchasing new LED stadium lights is an expensive upfront investment, LED conversion will reduce energy costs by approximately 26%. Based on discussions with Qualite Sports Lighting, the replacement of both the current stadium lights and the existing wooden poles at Luckie Park will also provide overall benefits to the City. Both are aging infrastructure that may fail at a future date and need replacement. Thus, it is better to pursue a full stadium light conversion to LED and pole conversion to galvanized steel in a scheduled manner than pursue any emergency or unplanned work.

The first steps to acquire and convert the system include a comprehensive streetlight audit and data reconciliation. Tanko Lighting completed an audit for the City in December 2022 and collected qualitative information about all the City’s SCE-owned streetlights. Tanko Lighting is currently reconciling this audit data with SCE’s streetlight inventory and has used this audit data to assist in planning discussions with Qualite Lighting for the City’s potential stadium light LED conversion. The audit and data reconciliation data will allow the City to evaluate the condition of its system and inform discussions with SCE about an acquisition. Tanko Lighting can serve as a

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CITY OF TWENTYNINE PALMS, CA |STREETLIGHT FEASIBILITY ANALYSIS REPORT | TANKO LIGHTING www.tankolighting.com | 220 Bayshore Blvd | San Francisco, CA 94124 | P 415.254.7579 | F 415.822.3626 liaison between the City and SCE to update the City’s streetlight inventory, initiate a dialogue for acquisition, and create a conversion plan for any non-LED lights left in the City.

If the City decides to pursue a combined ownership and conversion project, the average timeline is anywhere from 9-12 months, not including any possible acquisition delays. For an outline of the full project process, please see Appendix B: Acquisition, Conversion, & Ongoing Maintenance Processes.

Appendices
 Appendix A – Financial Analyses & Assumptions
 Appendix B –Acquisition, Conversion, & Ongoing Maintenance Processes  Appendix C – Smart Cities
 Appendix D – Qualifications & Procurement Options

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Content is proprietary and confidential.

CITY OF TWENTYNINE PALMS, CA |STREETLIGHT FEASIBILITY ANALYSIS REPORT | TANKO LIGHTING www.tankolighting.com | 220 Bayshore Blvd | San Francisco, CA 94124 | P 415.254.7579 | F 415.822.3626 Appendix A – Financial Analysis & Assumptions
Assumptions
The following list of assumptions were made to determine the results for this report:
 Materials
o Cobrahead Materials:
 Reputable fixture manufacturers and recent fixture pricing  Photocells
 Streetlight pole labels
o Stadium Light Materials:
 125 new LED fixtures
 22 new galvanized steel poles
 Labor
o Cobrahead Conversion:
 Per fixture installation rates from qualified electrical workers in the region (budgetary)  Included labor to install fixture, photocell, and any required ancillary materials o Stadium Light Conversion:
 Installation of 22 new poles and 125 related fixtures  Includes the removal of the existing 28 wooden poles
 Utility
o Existing rate: LS-1, LS-3
o Municipal owned rate: LS-2, LS-3
o Purchase price was estimated to be $173,000 total or approximately $500 per fixture  Quantities
o Quantities were derived from audit data collected by Tanko Lighting in December 2022 and the City’s utility bills o Tanko Lighting’s audit recorded a total of 347 SCE-owned streetlight fixtures and 28 stadium light fixtures (a total of 168 stadium light bulbs)
 City-owned streetlights were excluded from this analysis, as the City was interested solely in assessing the costs and benefits of acquiring its SCE-owned lights and converting its stadium lights to LEDs  Preliminary watt-for-watt design replacement of existing fixtures o 20% ballast factor applied to high intensity discharge (HID) wattages (not shown in table) o Existing LEDs were kept as-is throughout the financial analyses o Existing wattages and lamp types for the stadium lights were assumed based upon standard lamp types and wattages for stadium lights
 Wattages were assumed to be 1500W Metal Halide per bulb for any stadium light that had less than 6 heads, and 1000W Metal Halide per bulb for any stadium light that had more than 6 heads. o Annual operating hours for the stadium lights were assumed to be 834 hours per year  This was based on estimates from the City that these lights run an average of 4 days a week for 4 hours a day

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CITY OF TWENTYNINE PALMS, CA |STREETLIGHT FEASIBILITY ANALYSIS REPORT | TANKO LIGHTING www.tankolighting.com | 220 Bayshore Blvd | San Francisco, CA 94124 | P 415.254.7579 | F 415.822.3626 Existing Fixture Replacement Fixture
100W HID Cobrahead 35W LED Cobrahead
150W HID Cobrahead 45W LED Cobrahead
200W HID Cobrahead 60W LED Cobrahead
250W HID Cobrahead 85W LED Cobrahead
100W LED Cobrahead None
150W LED Cobrahead None
103W LED Cobrahead None
120W LED Cobrahead None
136W LED Cobrahead None
143W LED Cobrahead None
183W LED Cobrahead None
20W LED Cobrahead None
28W LED Cobrahead None
31W LED Cobrahead None
39W LED Cobrahead None
58W LED Cobrahead None
60W LED Cobrahead None
71W LED Cobrahead None
82W LED Cobrahead None
87W LED Cobrahead None
92W LED Cobrahead None
70W LED Cobrahead None
1500W Metal Hallide Stadium
Light
1200W LED Stadium Light
1000W Metal Hallide Stadium
Light
1200W LED Stadium Light
 Federal Inflation Rate: 4%
 Energy Cost Inflation Rate: 1%
o Note that this is a conservative estimate and can reach approximately 3%  Sales Tax Rate: 7.75%
 10-year fixture manufacturer warranty on streetlight fixtures  25-Year, maintenance-free warranty for stadium lights from Qualite Sports Lighting, LLC  Maintenance program costs
o Acquired Utility-Owned Streetlights
 Assumed a $1.50/pole/month administrative fee
 This number is based upon:
o T&M repair work (based on qualified electrical workers in the region (budgetary)) o Emergency costs assumed recuperated through insurance o Average call-out frequency, hourly pricing, and batched responses  Stadium Lights

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Content is proprietary and confidential.

CITY OF TWENTYNINE PALMS, CA |STREETLIGHT FEASIBILITY ANALYSIS REPORT | TANKO LIGHTING www.tankolighting.com | 220 Bayshore Blvd | San Francisco, CA 94124 | P 415.254.7579 | F 415.822.3626  Maintenance costs for stadium lights will differ from the general streetlights in the City. As such, Tanko Lighting could not include maintenance cost estimates for the stadium lights in this report Financial Analysis
Please see subsequent pages.

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Summary of Financial Analyses - Twentynine Palms, CA
February 13, 2023
Option 1
Acquisition, Conversion of
Cobraheads
Option 2
No Acquisition, Conversion of Only
Luckie Park Stadium Lights
Option 3
Acquisition, Conversion of Cobraheads
and Luckie Park Stadium Lights
Project Overview
Total Cost (Ownership + Conversion) $451,822 $1,510,697 $1,962,519 20 Year Savings $589,979 $756,363
Payback Period (Energy Savings Only) 11.6 years Over 20 Years Over 20 Years Payback Period (Energy + Maintenance Savings) 14.64 years Over 20 Years Over 20 Years Assumptions & Notes
Utility Asset Purchase Cost (estimated cost of utility streetlight purchase) $173,500 $0 $173,500 Tanko Fees
Ownership Support Fees (Audit, Utility Negotiation, Final Asset Transfer, etc.) $150,615 $0 $150,615 LED Conversion Fees (Material, Installation, Construction Management) $27,325 $1,190,623 $1,217,949 Net Project Cost (Rebate included) $451,822 $1,510,697 $1,962,519 Finance Option
Loan Payments $451,822 $1,510,697 $1,962,519
Total Interest Paid $100,382 $320,074 $420,455
Financing Rate (APR) 4.85% 8.50% 4.85% - 8.50%
Financing Term (Years) 10 years 5 years 5 years - 10 years Assumptions & Notes
Quantity of Lights Included in Analysis 347 28 375
Purchase Cost per Pole $500 $0 $500
Tariff Rate of Old System LS-1 LS-3 LS-1, LS-3
Tariff Rate of New System LS-2 LS-3 LS-2, LS-3
Federal Inflation Rate 4.00% 4.00% 4.00%
Utility Cost Inflation Rate 1.00% 1.00% 1.00%
Estimates are calculated using Net Future Values

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Summary of Financial Analyses - Twentynine Palms, CA
Option Details
Year 1 Analysis Existing New Savings Existing New Savings Existing New Savings Energy Usage [kWh] 92,541 86,162 6,380 202,732 149,170 53,561 295,273 235,332 59,941 Utility Bill Cost $65,272 $28,351 $36,921 $28,732 $21,176 $7,556 $94,005 $49,527 $44,478 Maintenance Cost Included in current
Utility Bill Costs $6,246 -$6,246 N/A N/A N/A
Included in current
Utility Bill Costs
(Cobraheads Only)
$6,246 -$6,246
Total $65,272 $34,597 $30,675 $28,732 $21,176 $7,556 $94,005 $55,773 $38,232 20 Year Analysis Existing New Savings Existing New Savings Existing New Savings Energy Usage [kWh] 1,850,828 1,723,234 127,595 4,054,632 2,983,408 1,071,224 5,905,460 4,706,642 1,198,819 Utility Bill Cost $1,437,230 $624,256 $812,974 $632,659 $466,274 $166,385 $2,069,889 $1,090,531 $979,358 Maintenance Cost Included in current
Utility Bill Costs $222,995 -$222,995 N/A N/A N/A
Included in current
Utility Bill Costs
(Cobraheads Only)
$222,995 -$222,995
Total $1,437,230 $847,251 $589,979 $632,659 $466,274 $166,385 $2,069,889 $1,313,526 $756,363 February 13, 2023
Option 1
Acquisition, LED Conversion of Cobraheads,
Ongoing Maintenance
Option 2
LED Conversion of the City’s Stadium Lights in
Luckie Park (Maintenance Cost Excluded)
Option 3
Acquisition, LED Conversion, and Ongoing
Maintenance of Cobraheads and LED Conversion
of Stadium Lights (Stadium Light Maintenance Cost
Excluded )

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CITY OF TWENTYNINE PALMS, CA |STREETLIGHT FEASIBILITY ANALYSIS REPORT | TANKO LIGHTING www.tankolighting.com | 220 Bayshore Blvd | San Francisco, CA 94124 | P 415.254.7579 | F 415.822.3626 Appendix B –Acquisition, Conversion, Maintenance Processes The outline below explains Tanko Lighting’s process for streetlight acquisition, conversion, and on-going maintenance. This is intended to provide the City with more information, should it choose to move forward with the acquisition and conversion of its streetlights. This outline shows an approximate ~9-month project. Often the longest delays come from utility processes, including acquisition paperwork and discrepancy reviewing. Please note that while some project processes can overlap with utility timelines, others are dependent on utility or City actions before proceeding. Tanko Lighting will coordinate with the City, utility, and other project partners to ensure that the project is completed in a prompt and reasonable timeframe.

1. Audit & Data Reconciliation - ~4-6 weeks, Tanko Lighting and the City have already completed this first step. a. Perform a comprehensive streetlight audit:
i. Tanko Lighting performs an in-field audit where an auditor visits and collects approximately 30 attributes at each streetlight fixture. These data points will be reviewed by our in-house data analysts for quality control and will help to evaluate the Net Book Value of the system and condition of the system that is being purchased in the acquisition phase.
b. Reconcile the in-field conditions with the utility inventory:
i. The project data analyst will compare the data collected during the audit to the City’s SCE inventory and produce a concise report highlighting all discrepancies.

2. Acquisition – timeline is utility-dependent
a. Provide acquisition assistance:
i. Tanko Lighting will work with SCE to help guide the City through the acquisition process. We suggest that municipalities buy the system as-is and then work with the utility to reconcile the inventory in a second or “true-up” phase. This ensures that the City starts to realize savings immediately and is not delayed by a minority of discrepancies.
b. Validate and reconcile the inventory:
i. Using the audit and data reconciliation report, Tanko Lighting will work with the City to update the inventory and confirm all eligible lights have been acquired.

3. Design & Procurement – Design ~6-8 weeks; Materials lead times 6-10 weeks a. Design a custom streetlighting system:
i. Tanko Lighting uses industry-accepted standards, as well as the data collected during the audit, as guidelines, while working closely with the City to develop a customized proposed streetlight design that matches its needs. b. Guide the City in choosing a fixture:
i. Tanko Lighting will work with the City to educate all stakeholders on the available fixture models, the important features to consider, and how best to meet the City’s needs. c. Manage procurement and logistics:
i. Tanko Lighting will work with the City to order and to coordinate delivery for all materials.

4. Installation –3-6weeks
a. Manage the installation:
i. Tanko Lighting will work with the City to determine the best procurement options for the installer. The project manager will manage all aspects of the installation and meet all City requirements. ii. Tanko Lighting provides data collection devices to the installers and creates custom installation maps (paper and digital) for clean, easy installation.
iii. Installation rates vary by project. The installer checks the voltage, troubleshoots the fixture to confirm that it is functioning properly, and reports any in-field issues when discovered. iv. Tanko Lighting will review all data provided by the installer for any discrepancies.

5. Final Reporting – 3-5 weeks
a. Submit the utility rate change:

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CITY OF TWENTYNINE PALMS, CA |STREETLIGHT FEASIBILITY ANALYSIS REPORT | TANKO LIGHTING www.tankolighting.com | 220 Bayshore Blvd | San Francisco, CA 94124 | P 415.254.7579 | F 415.822.3626 i. Tanko Lighting will produce and submit all required documentation for the SCE rate change process. b. Provide the final streetlight data
i. Tanko Lighting will provide a set of final project deliverables to assist the City with managing the new streetlight system. These include:

1. Final report summarizing the project with updated financial models

2. Post-construction electronic GIS records for all newly installed streetlights in the City, including all wattages, badge numbers, locations, and other associate attributes

3. All relevant specification sheets and warranty documentation for materials

4. Environmental disposal documentation

6. On-going Maintenance
a. Assist the City with choosing a maintenance program:
i. There are multiple options that the City can choose for ongoing maintenance. Tanko Lighting will help the City to understand the process and requirements, as well as helping to procure a maintenance contractor.

Recommended maintenance programs typically include:

1. A monthly per-pole administrative fee (usually $1-2 per pole per month). This monthly fee furnishes:
a. An online work request management system,
b. Administrative support to City staff
c. The establishment and management of a streetlight outage call center d. The intake and processing of outage reports, warranty related repairs, and utility repair requests
e. Time-sensitive dispatch of the subcontractor

2. Time and materials invoicing for maintenance work for all streetlight maintenance related labor performed in the field. Tanko Lighting recommends holding on non-urgent reports until there are enough to batch together for a full or half day of work, to minimize additional travel surcharges and maximize value if time and materials-related work is billed at an hourly minimum.

3. Emergency services, which encompass all pole knockdowns and other streetlight-related public safety hazards on City-owned poles. A 24-hour call center or contact number (and usually a 2-6 hour response time) are guaranteed, depending on the City’s requirements.

4. Administrative support for reports on streetlights not owned by the City. If maintenance is required, Tanko will provide the City with all relevant information about the report in order for the City to coordinate directly with the utility and/or appropriate entity for repair. ii. An example of a non-emergency call would be as follows:

1. A resident reports an outage through the call center or online form.

2. The maintenance project manager confirms the location and all relevant information in the streetlight data and adds it to the pending maintenance list.

3. The maintenance project manager provides the list to the City for approval and dispatches the contractor to address the issues.
iii. An example of an emergency call would be as follows:

1. A pole is knocked down after hours, around 10pm.

2. Either the City, first responders, or a bystander will call the call center number and report the emergency.

3. The call center will dispatch the contract directly and the contractor will arrive at the site within the contracted response time.

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CITY OF TWENTYNINE PALMS, CA |STREETLIGHT FEASIBILITY ANALYSIS REPORT | TANKO LIGHTING www.tankolighting.com | 220 Bayshore Blvd | San Francisco, CA 94124 | P 415.254.7579 | F 415.822.3626 Appendix C – Smart Cities
Smart controls can offer many benefits to cities including asset management, increased fixture life (due to dimming), and more control over the streetlight system. They are not always the correct choice for each community, however, and the project managers at Tanko Lighting like to have a discussion with each client to see if it is the right move for their community. Tanko Lighting has managed the installation of 19 streetlighting projects that included smart controls systems from a variety of manufacturers. Smart Cities options are becoming more prevalent in the discussion of LED streetlight conversions and provide a wide array of services that can be broken down as follows:
 Asset Management/Streetlighting Controls:

This is the most tested and developed technology available. Most packages include either a software or cloud-based management system that can remotely control the system and alert the user to outages. This is often used for dimming schedules, outage monitoring, and related tasks. Some utilities throughout the country are starting to create metered billing rates for the control systems that have utility-grade meters. These rates are often cheaper than non-metered rates and could save the City in energy costs if they decide to use a dimming schedule. Asset management is a cost to the City but will ultimately help maintain the system.
 Small Cell Technologies:

This is a new and developing aspect of streetlighting controls and can potentially help the City to generate revenue by leasing the small cell to carriers. Most small cell providers would consider a revenue guaranteed contract. Small cell technology has the potential to generate income for the City.
 Internet of Things (IoT) & Extras:

This encompasses a variety of new ideas and technologies such as Wifi, surveillance cameras, parking enforcement, gunshot detection, electric car charging stations, etc. Similar to small cell, most of these options are new and developing but there are not many proven opportunities for the revenue generation.

While Tanko Lighting has installed multiple projects with “smart controls” and can provide more information if requested, it is our professional opinion that the technology is still expensive and in its early stages. Over the next 5-10 years, we expect that these technologies will adapt to the demand and become stronger, as well as more affordable. This is why we typically recommend that clients pursue LED streetlight conversions as the first priority and then look at Smart City options once they are realizing the cost savings from the LED conversions.

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CITY OF TWENTYNINE PALMS, CA |STREETLIGHT FEASIBILITY ANALYSIS REPORT | TANKO LIGHTING www.tankolighting.com | 220 Bayshore Blvd | San Francisco, CA 94124 | P 415.254.7579 | F 415.822.3626 Appendix D – Qualifications & Procurement Options
Qualifications
Tanko Lighting is a national firm focused solely on providing professional services for turn-key municipal energy efficiency streetlight conversion projects. Our company has previously been or is currently involved with the energy efficiency conversion of more than 629,000 streetlights throughout the nation – and is actively developing projects for an additional 550,000 street light fixtures. Our work has spanned more than twenty-three states, and fifty-five utilities – and we are very experienced in the State of California – having been involved in several municipal streetlight projects, including for the Cities of Pico Rivera, Baldwin Park, Simi Valley, Santa Clarita, and Rancho Cucamonga.

Tanko Lighting holds electrical contractor licenses in the States of California and Arizona. Additionally, our firm is a Qualified Vendor with the Connecticut Conference of Municipalities, a registered Energy Services Company (ESCO) with the United States Department of Energy, and a registered Small Business Entity with the Small Business Administration.

Procurement Options
There are a variety of procurement options available to the City for proceeding with subsequent phases of this project. Please find details of each below.
 Request for Proposals: This is the industry standard for turn-key municipal streetlight acquisition and conversion projects nationwide. A Request for Proposal (RFP) combines the requirement for bidders to provide both qualifications and pricing, which allows the City to make an informed decision about the bidders’ experience and value from the start. This also allows for a competitive process by which the City can better understand each bidder’s approach to the scope of services. Of all the procurement options, this is the one we believe to be the most competitive, fair, and effective.

The most effective RFPs include the following requirements:
o Qualifications: Requires bidders to provide background information on their firm, expertise, experience, and staff qualifications (including information on any subcontractors). Typically, bidders are also required to demonstrate details of past relevant projects.
o References: Requires bidders to provide at least three relevant references from municipal streetlight projects of similar size.
o Approach: Requires bidders to provide their specific approach/response to the City’s stated scope of services in the RFP. The most effective RFPs include a scope of services with all elements of turn-key services, including acquisition support (if relevant), audit, data reconciliation, design, procurement, logistics management, installation coordination, commissioning, rebate/rate changes, and final reporting. o Pricing: Requires bidders to provide firm pricing – often structured as a per fixture, all-in, fixed unit price (based on the City’s estimated inventory).
 Request for Qualifications: When pricing is less of a concern to a municipality, a Request for Qualifications (RFQ) is sometimes utilized, which requires bidders to provide their qualifications and approach to the scope of services, but does not include any pricing information. This option often is part of a two-stage process, in which the municipality utilizes the RFQ to determine the most qualified firms first, which is followed by a subsequent second stage, whereby the municipality short-lists all bidders and requests pricing from this narrowed down list. While this can be an effective process, it is not our first recommendation as a procurement option because it is important for the municipality to factor in pricing from the beginning and not waste time and energy on prolonging the process.

The most effective RFQs include the following requirements:
o Qualifications: Requires bidders to provide background information on their firm, expertise, experience, and staff qualifications (including information on any subcontractors). Typically, bidders are also required to demonstrate details of past relevant projects.

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CITY OF TWENTYNINE PALMS, CA |STREETLIGHT FEASIBILITY ANALYSIS REPORT | TANKO LIGHTING www.tankolighting.com | 220 Bayshore Blvd | San Francisco, CA 94124 | P 415.254.7579 | F 415.822.3626 o References: Requires bidders to provide at least three relevant references from municipal streetlight projects of similar size.
o Approach: Requires bidders to provide their specific approach/response to the City’s stated scope of services in the RFQ. The most effective RFQs include a scope of services with all elements of turn-key services, including acquisition support (if relevant), audit, data reconciliation, design, procurement, logistics management, installation coordination, commissioning, rebate/rate changes, and final reporting.

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STAFF REPORT
TO: City Council
FROM: City Manager
FOR MEETING: Sep 12 2023
SUBJECT: Second Reading - San Bernardino County Fire (SBCFD) Fire Code.

RECOMMENDATION:

The City Council approve Ordinance No. 306 and approve SBCFPD Ordinance No. 23-01 adopting the San Bernardino County Fire Protection District Fire Code (referencing the 2022 Edition of California Fire Code).

ORDER OF PROCEDURE:

Request Staff Report (City Manager Presenting)
Council Questions of Staff
Council Discussion
Motion/Second
Discussion of Motion
Call the Question
ATTACHMENTS:
• 2022 Fire Code Ordinance
• City of Twentynine Palms
Ordinance No. ___
• City of Twentynine Palms
Ordinance No. ___ SB County
Fire Code
BACKGROUND:

Every three years, the State of California, through the State Fire Marshal, amends and adopts the California Fire Code. The most recent amendments of a draft of the SBCFPD Fire Code Ordinance was considered by the Board of Directors for first reading on February 7,2023, and will hold a Public Hearing for final adoption on February 28, 2023. Local jurisdiction must enforce the State Code. Local counties, cities, or fire districts may make local code amendments to the State Fire Code. The San Bernardino County Fire Protection District ("District") is responsible for enforcing the State Code within the City's boundaries.

The City of Twentynine Palms is within the service area of the District. Therefore, this item requests that the Mayor and the City Council ratify the District's adoption of the 2022 California Fire Code with local amendments for enforcement within the City's jurisdiction.

ENVIRONMENTAL:

Not Applicable.

ALTERNATIVES:

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The City Council could choose not to approve the County Fire Code, and seek other options.

FISCAL IMPACT:

None.

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_x@ _; (O l\) O __x I\) I\) (:0I\) l\) -I> l\.) U‘! I\) O) \IN I\) CO The Board of Directors of the San Bernardino County Fire Protection District, State ORDINANCE NO. FPD 23-01
An ordinance of the Board of Directors of the San
Bernardino County Fire Protection District, State of
California, to repeal San Bernardino County Fire
Protection District Ordinance No. FPD 20-01 and to
adopt the San Bernardino County Fire Protection District Fire Code, which adopts by reference the 2022 Edition of the California Fire Code, along with certain changes,
modifications, amendments, additions, deletions, and
exceptions to the 2022 Edition of the California Fire Code, relating to fire regulations.
of California, ordains as follows:

SECTION 1. Ordinance No. FPD 20-01 is repealed.

SECTION 2. This ordinance is hereby adopted as the San Bernardino County Fire Protection District Fire Code, to read:

Sections:

1. s°.°°.~I.°=<n4><»~>~

SAN BERNARDINO COUNTY FIRE PROTECTION DISTRICT

FIRE CODE
Findings, Adoption, and Applicability.

Amendments to the 2022 California Fire Code.

Reserved.

Referenced Standards.

Conflicting Provisions.

No Liability or Warranty. Authority
- General. at Fires and Other Emergencies.

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12. 13.

14. 15.

16. 17.

18. 19.

20. 21.

22. 23.

24. 25.

26. 27.

28. 29.

30. 32.34
Authority to Inspect, Issue Notices and Administrative Citations or Abate a Hazardous Condition.

Closure of Public and Private Lands.

Interference Unlawful.

Official Records.

Permits Required.

Fees.

Applications and Permits — Abandonment, Period of Validity, Expiration and Extensions.

Permits not Transferable.

Permit Revocation.

Operation or Construction Without a Permit or With an Expired or Revoked Permit.

Issuance of Stop Work Orders.

Failure to Comply with a Stop Work Order.

Service of Notices and Orders.

Tampering with Notices, Orders or Seals Unlawful.

Overcrowding Unlawful.

Obstructed Egress Unlawful.

Open Fires and Other Outdoor Fires.

Explosives, Fireworks, Pyrotechnics, Rockets and Rocket Motors.

Prohibited Storage of Flammable and Combustible Liquids.

Prohibited Bulk Storage of Liquefied Petroleum Gases.

Prohibited Storage of Flammable Cryogenic Fluids.

Shared Emergency and Fire Apparatus Access Roads. Violations - General. Continuing Violations.

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.4. £©(OCD\lO)(J1-l>OOI\J \
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35. 36.

37. 38.

39. 40.

41. 42.

43. 44.

45. 46.

47. 48.

V 49.

50. 51.

Acts Including Causing, Aiding and Abetting.

Enforcement
— Purpose and Remedies.

Enforcement Remedies and Penalties are Cumulative and
Discretionary; Not Exclusive.

Criminal Actions.

Authority to Investigate, Detain, Issue Criminal Citations and Arrest.

Civil Actions.

Administrative Citations and Penalties - General.

Administrative Citations and Penalties — Dangerous Fireworks and Unlawful Use of Safe & Sane Fireworks.

Administrative Penalties — Egregious Violations.

Administrative Remedies and Penalties For Nuisance Fire Alarms.

Appeal of Administrative Citations.

Recording of a Notice of Pendency.

Filing Notice of Action.

Public Nuisance Abatement of Fire Hazards.

Board of Appeals — Code Application and Interpretations.

Cost Recovery.

Treble Damages.

1. Findings, Adoption, and Applicability.
(8) FINDINGS. The Board of Directors of the San Bernardlno County Fire Protection District hereby finds as follows:
(1)The California Fire Code, 2022 Edition, adopts and amends recognized compilations of proposed rules, regulations, and standards of the International Code Council, Inc.

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(2) That said California Fire Code, which includes the portions of the International Fire Code that have been adopted and amended by the State of California, has been printed and published as a code in book form withinthe meaning of Section 50022.2 et seq. of the California Government Code. That said California Fire Code and the International Fire Code have been printed and published as a code in book form within the meaning of Section 50022.2 et seq. of the California Government Code. (3) That the sections and subsections of said California Fire Code and the International Fire Code may be referred to by the number used in said published compilation preceded by the words “California Fire Code Section,” “Fire Code Section" or “Subsection” and may also be referred to by additional reference to the Ordinances of the San Bernardino County Fire Protection District and sections therein pertaining to said California Fire Code and International Fire Code.
(4) That California Health and Safety Code Section 13869 et seq. provides, in pertinent part, that a Fire Protection District may make such changes or modifications to the provisions published in the California Building Standards Code and other regulations adopted pursuant to Section 17922 as it determines are reasonably necessary because of local climatic, geological and topographical conditions. (5) That the additional requirements and standards established herein are needed to properly protect the health, safety, and welfare of the existing and future residents, workers and visitors ofthe San Bernardino County Fire Protection District. Said additional requirements and standards are reasonably necessary because of local climatic, geological, and topographical conditions described herein. The finding in this subsection (a)(5) is based upon the express findings and determinations on the proposed amendments to the Code identified herein and on file with the Building Standards (6) Local Climatic Conditions. (A) The District is subject" to extremely strong winds, commonly known as “Santa Ana Winds” which can reach speeds in excess of 90 miles per hour.

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Extensive damage frequently accompanies these winds, such as blowing sand and debris, downed power lines, fallen trees, overturned vehicles and structural damage to buildings. These conditions result in increased demandfor fire services, blocked or delayed emergency vehicle access and impaired water supplies and building emergency systems.
(B) During the summer months, the Santa Ana Winds produce periods of extremely low humidity, thereby reducing the fuels moisture and increasing the possibility and severity of fire from dry vegetation and other common combustibles. (C) During the summer months, much of the District experiences prolonged periods of temperatures in excess of 100°F. When coupled with sustained severe Santa Ana Winds, an increase in the threat from rapidly moving wildfires exists. (D) During the winter months, heavy rains routinely cause damage to roadways rendering them.completely impassible, or with limited access, sometimes for extended periods.
(E) During winter months, heavy snow and ice conditions exist in the mountain areas resulting in increased demand forfire services and limitingor delaying emergency vehicle access. In some cases, emergency vehicle access roads are completely impassible, or have limited access, sometimes for extended periods. (7) Local Geological Conditions.
(A) The District is subject to moderately strong to severe shaking and surface ruptures resulting from numerous known earthquake faults located throughout the District. These local earthquake faults have the potential to cause severe personal and property damage, utility interruptions, fire hazards and hazardous materials releases. Additionally, significant roadway, bridge structure, water supply and services response. (B) Unstable slopes in several areas throughout the District have experienced soil movement as a result of heavy or soaking rains, resulting in damage to

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roadways, structures and utilities.
(C)
exceptionally deep aquifers or aquifers providing only brackish or contaminated water Some desert areas of the District have limited aquifers, supplies. This limits, or in some cases eliminates, water supplies available for firefighting purposes.
(D) The District has many areas with rich deposits of minerals resulting in the presence of many subsurface and strip mining operations. These operations pose special problems due to confined access and large quantities of fuels and explosive materials.
(8) Local Topographical Conditions.
(A) The
geographical area with limited access routes connecting valley, mountain and desert District encompasses an exceptionally large
areas. This distance, combined with these limited access routes, results in delays in the reallocation of resources to emergency scenes.
(3)
ranging from relatively flat desert and valley areas, to foothill areas, canyon areas and The topography of the District is exceptionally diverse, steep mountainous areas. This results in some areas that are inaccessible to radio communications, which hampers emergency response capabilities. (C) The large geographical area and diverse topography of the District results in numerous water purveyors and water pressure zones throughout the response areas. This results in many areas having limited, unreliable or unavailable water supplies available for firefighting purposes.
(D) The District is traversed by several State and Interstate highways, which provide for limited under or over crossing access points for emergency water supply grids to provide water from multiple points to all areas and necessitates the use of dead-end water mains in many areas adjacent the highways. (E) The District is traversed by two major active railroad main rail

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systems. These railsystems are used for both commuter and large freighttrains, including the transportation of large quantities of hazardous materials. These rails provide for limited under or over crossing access points for emergency vehicles to cross to adjacent areas. Emergency vehicles experience frequent delays at grade crossings until passenger and/or lengthy freight trains clear the grade crossings. (F) Due to the size and topography of the District, it is traversed by several high voltage electrical transmission lines which cross over inaccessible desert and foothill brush—covered areas, as well as and heavily forested steep mountain areas.

High winds have caused damage to these lines, resulting in vegetation fires. Access to many of these areas is unavailable to vehicles, making response to these fires unusually difficult.
(G) Several large, high—pressure natural gas transmission lines traverse the District to transport natural gas at pressures exceeding 500 p.s.i. These lines pass through, under or over steep terrain and wildfire prone areas and are also subject to damage due to flooding or seismic events.
(H)
transport large quantities of gasoline, diesel fuel and jet fuels under extremely high Several large petroleum product pipelines cross the District to pressures. While generally underground, these pipelines pass through, under or over steep terrain and wildfire prone areas and overhead at several overpasses located over thoroughfares and waten/vays. Damage to these pipelines has been experienced during rail accidents and flooding conditions. Additionally, these pipelines and their pumping and valve stations are subject to damage from seismic events. (9) These local climatic, geological and topographical conditions found herein together present increased hazard potentials that create a reasonable necessity and fire protection standards, as well as to prevent and discourage egregious and other fire safety violations where the public is at higher risk.

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(b) ADOPTION OF THE 2022 CALIFORNIA FIRE CODE. The Board of Directors of the San Bernardino County Fire Protection District hereby adopts the 2022 Edition of the California Fire Code (sometimes referred to herein as 2022 California Fire Code, California Fire Code, or CFC), also known as Part 9 ofTit|e 24 ofthe California Code of Regulations (which California Fire Code adopts and amends portions of the 2021 International Fire Code), and Appendices as compiled and published by the International Code Council. The 2022 Edition ofthe California Fire Code is on file with the Secretary of the Board.
(c) APPLICABILITY. The provisions of the CFC, subsequent amendments, California Fire Code Appendices, and referenced standards shall be collectively known as the San Bernardino County Fire Protection District Fire Code. The San Bernardino County Fire Protection District Fire Code shall be applicable in all areas ofSan Bernardino County within the San Bernardino County Fire Protection District, or in any political subdivision or district that contracts with the San Bernardino County Fire Protection District for fire protection and prevention services, and in those other cities, towns and districts that ratify this ordinance pursuant to California Health and Safety Code section 13869.7.

2. Amendments to the 2022 California Fire Code
The 2022 California Fire Code, also known as Part 9 of Title 24 of the California Code of Regulations, is hereby amended as follows:
(a) The following sections of Chapter 1 of the San Bernardino County Fire Protection District Fire Code are added or amended, as follows:
(1) Section 105.5.4A is added to the San Bernardino County Fire 105.5.4A Battery and other energy storage systems. An operational permit is required for a battery system or electrical energy storage system as regulated by section 1207 ofthe California Fire Code.

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Exception: This Section does not apply to systems in R-3 occupancies.
(2) Section 105.5.17A is added to the San Bernardino County Fire F’rotection District Fire Code, to read:
105.5.17A Fixed hood and duct extinguishing systems. An operational permit is required to utilize commercial cooking appliances, as defined in Section 606, with a Type I hood and an automatic fire extinguishing system as required by section 904.13. (3) Section 105.5.34 of the California Fire Code is amended, to read:
105.5.34 Open Fires. An.operational permit is required for the kindling or maintaining of an open fire as defined in Section 202, on any public street, alley, road, or other public or private ground, in accordance with Section 26.

Exception: Recreational fires and barbecues fueled solely by LPgas or natural gas. (4) Section 105.536 of the California Fire Code is amended, to read:
105.5.36. Open flames in assemblies. An operational permit is required to use open flames in connection with assembly areas, dining areas of restaurants or drinking establishments.

Exception: Candles and small—open flame decorative devices in accordance with Section 308.
(5) Section 105.5.38 of the California Fire Code is amended, to read:
105.5.38 Outdoor assemblies. An operational permit is required to conduct an outdoor assembly, temporary use or other special event where planned attendance exceeds 200 persons per day.

Protection District Fire Code, to read: 105.5.38A Pallet Yards. An operational permit is required to store combustible pallets at pallet manufacturing and/or recycling facilities.

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(7) Section 105.5.51 of the California Fire Code is amended, to read:
105.5.51 Waste handling and wrecking yards. An operational permit is required for the operation of automobile wrecking yards, junk yards, combustible waste material or combustible recycled material handling facilities.
(8) Section 105.5.52 of the California Fire Code is amended, to read:
105.5.52 Wood, manure and organic product storage. An operational permit is required to store or process wood chips, hogged material, lumber, plywood, manure, compost or other combustible organic products in excess of 200 cubic feet (6 m3). (9) Section 105.6.3A is added to the San Bernardino County Fire Protection District Fire Code, to read:
105.6.3A Dust Collection Systems. A construction permit is required for the installation or modification of Dust Collection System as regulated by Chapter 22. (10) Section 105.6.3B is added to the San Bernardino County Fire Protection District Fire Code, to read:
105.6.3B Electrified Security Fence. A construction permit is required for installation of or modification to an electrified security fence. Maintenance performed in accordance with this code is not considered to be a modification and does not require a permit.
(11) Section 105.6.17 is added to the San Bernardino County Fire Protection District Fire Code, to read:
105.6.17 Plant Extraction Systems. A construction permit is required for installation of or modification to plant extraction systems. Maintenance performed in accordance with this Code is not considered to be a modification and does not require a (12) Section 105.6.18 is added to the San Bernardino County Fire Protection District Fire Code, to read: 10

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105.6.18 Private Fire Hydrants. A construction permit is required for installation of or modification to private fire hydrants. Maintenance performed in accordance with this Code is not considered to be a modification and does not require a permit. (13) Section 105.6.18A is added to the San Bernardino County Fire Protection District Fire Code, to read:
105.6.18A Refrigeration Unit or System. A construction permit is required to install or modify a mechanical refrigeration unit or system regulated by Section 605. (14) Section 105.6.19 is added to the San Bernardino County Fire Protection District Fire Code, to read:
105.6.19 Smoke Control or Smoke Exhaust Systems. Construction permits are required for installation of or alteration to smoke control or smoke exhaust systems.

Maintenance performed in accordance with this code is not considered to be an alteration and does not require a permit.
(b) The following definitions in Chapter 2, Section 202 of the California Fire Code are amended, by adding or amending the following definitions, as follows:

AGRICULTURAL BURNING. The open burning of waste vegetation produced by the growing or harvesting of crops in agricultural operation.

ALL WEATHER DRIVING SURFACE. Concrete, asphalt, or any other surface, as determined by a qualified engineer licensed by the State of California, to adequately support the imposed load of a fire apparatus and meets the intent of this Code.

BARBECUE GRILL. (Also known as a barbeque or BBQ). A portable or fixed device, constructed of non—combustiblematerial, for the primary purpose of cooking food over a liquefied petroleum—,natural gas—, wood—or charcoal—fueledfire. solid fuel is burned to a BONFIRE. An outdoor open fire having a total fuel area greater than 3 feet in width, length or diameter or 2 feet in height, and is used for pleasure, religious, ceremonial, cooking, warmth or other similar purposes. 11

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DEPARTMENT. Department includes the San Bernardino County Fire Protection District and any other recognized fire department or agency.

DISTRICT. The San Bernardino County Fire Protection District.

DRIVEWAY. A privately owned, vehicular access road having a minimum unobstructed width of 12 feet (3658 mm) that serves no more than two Group R, Division 3 or accessory Group U occupancies.

FIRE CHIEFIFIRE WARDEN. The chief officer of the San Bernardino County Fire Protection District, or a duly authorized representative.

FIRE CODE OFFICIAL. The Fire Chief/Fire Warden of the San Bernardino County Fire Protection District or a duly authorized representative charged with the administration and enforcement of this Code.

OPEN BURNING. Opening burning shall have the same meaning as Open Fire as defined in this Section.

OPEN FIRE. Any outdoor fire including the open burning of a solid fuel, such as a barbecue grill, barbecue pit, bonfire, recreational fire, agricultural burning or residential burning, wherein products of combustion are emitted directly into the ambient air without passing through a stack or chimney from an enclosed chamber, as regulated by Section 26 of this Code. Open burning does not include road flares, smudge pots, and other similar devices associated with safety or occupational uses or the use of portable outdoor fireplaces or outdoor ovens.

PERSON. Individuals, businesses, general partnerships, limited partnerships, joint ventures, corporations, trust, concern, organization, state and local government entities, heirs, executors, administrators, receivers, or assigns, agents of the aforesaid, and every other legal entity or association having legal obligations subject to the PORTABLE OUTDOOR FIREPLACE. A portable, outdoor, solid—,liquid—,or gas fuel burning fireplace constructed of steel, concrete, clay or other non—combustible materials and specifically designed for the containment of fire. A portable outdoor 12

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fireplace may have an open design or may have a small hearth opening with a short chimney or opening in the top.

RECREATIONAL FIRE. An outdoor open fire burning clean materials other than rubbish where the fuel being burned is not contained in an incinerator, outdoor fireplace, portable outdoor fireplace, barbecue grill or barbecue pit, and has a total fuel area equal to or less than 3 feet inwidth, length or diameter and 2 feet in height for pleasure, religious, ceremonial, cooking, warmth or other, similar purposes. Recreational fires also include any campfire or fire ring.

RESIDENTIAL BURNING. The open burning of waste vegetation, tree and yard trimmings or similar for disposal on residential privately—owned property. For the purposes of this Code, Residential Burning shall also include the burning of similar items at commercial properties and on vacant properties.

STAND ALONERESIDENTIAL AUTOMATIC SPRINKLER SYSTEM. An
approved fire sprinkler system, that conforms to Section 903.3.1.1. 90331.2, or 903.31 .3 ofthis Code, NFPA standards 13 R or 13 D, and San Bernardino County Fire Protection District Fire Prevention Standards, and is supplied by a water source independent from a municipal water distribution system.

WILDFIRE RISK AREA. Land that is covered with flammable/combustible vegetation, whether privately or publicly owned, which is so situated or is of such inaccessible location that a fire originating upon it would present an abnormally difficult job of suppression or would result in great or unusual damage through fire. For the purposes of this Code, the following areas shall be a Wildfire Risk Area: (1) any land located within a Fire Safety Overlay or Fire Hazard Overlay as identified in the San Bernardino County Development Code or in the ordinances or municipal code of an designated by the California Department of Forestry and Fire Protection (Cal FlRE,); or (3) a No Fireworks Zone. (C) The following sections of Chapter 3 of the San Bernardino County Fire 13

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Protection District Fire Code are added or amended, as follows:
(1) Section 305.3 is added to the San Bernardino County Fire Protection District Fire Code, to read:
305.3 Open-flame warning devices. Open—flamewarning devices shall not be used along an excavation, road or any other place where the dislodgment of such device may permit the device to roll, fall or slide onto any area or land containing combustible materials.

Exception: This section shall not apply to public safety personnel acting in the performance of their duties.
(2) Section 3056 is added to the San Bernardino County Fire Protection District Fire Code, to read:
305.6 Spark arrestors. Each chimney used in conjunction with a fireplace, portable outdoor fireplace, or other heating appliance in which solid fuel is burned, shall be maintained with an approved spark arrester. The spark arrester shall have heat and corrosion resistance equivalent to 12—gaugewire, 19—gauge galvanized wire or 24—gauge stainless steel. Openings shall not permit the passage of spheres having a diameter larger than one-half inch (13 mm) maximum and shall not block the passage of spheres having a diameter of less than three—eighths inch (10 mm). The screen shall be mounted in or over all outside flue openings in a vertical or near vertical position, adequately supported to prevent movement and shall be visible from the ground. Allspark arrestors shall be accessible and removable for cleaning.
(3) Section 308.1 is added to the San Bernardino County Fire Protection District Fire Code, to read:
308.1 General. Notwithstanding any other provision of this Code, open flames, Title 19 CCR Sections 3.25(a) and (b). (4) Section 308.1.3 is added to the San Bernardino County Fire Protection District Fire Code, to read: 14

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308.1.3 Use of torches. Torches and other flame-producing devices shall not be used to remove paint from any structure or weeds from any premises. Notwithstanding any other provision of this Code, persons utilizing a torch or other flame-producing device for melting asphalt or for welding or cutting shall provide a minimum of one portable fire extinguisher complying with Section 906 and with a minimum of a 4—Arating, or two portable fire extinguishers, each with a minimum of a 2—Arating, or a water hose connected to a working water source. The person conducting the burning or asphalt melting shall remain at the location for a minimum of one hour after the torch or flameproducing device is utilized. (5) Section 308.1.4 is added to the San Bernardino County Fire Protection District Fire Code, to read:
308.1.4 Open-Flame Cooking Devices. Charcoal burners, barbecues, and other open—flame cooking devices shall be in accordance with Section 26 of this Code.
(6) Section 308.16 is added to the San Bernardino County Fire Protection District Fire Code, to read:
308.1.6 Open-flame devices. Torches and other devices, machines or processes liable to start or cause fire shall not be operated or used in or upon Wildfire Risk Areas, except by a permit in accordance with Section 105 secured from the fire code official.

Exception: Use within inhabited premises or designated campsites that are not less than 30 feet (9144 mm) from grass—, grain—,brush—or forest-covered areas.
(7) Section 30816.1 is added to the San Bernardino County‘ Fire Protection District Fire Code, to read:
guns, lanterns, or road flares shall not be operated or used as a signal or marker in or upon Wildfire Risk Areas. Exception: The proper use of fusees at the scene of emergencies -15

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or as required by standard railroad operating procedures. (8) Section 308.1 .6.3 is added to the San Bernardino County Fire Protection District Fire Code, to read:
308.1.6.3 Sky lanterns Prohibited. The release or the failure to prevent the release ofsky lanterns into the air without an effective means of control is prohibited within the jurisdiction of the San Bernardino County Fire Protection District.

Exception: Sky lanterns used for scientific or research purposes when reasonable precautions are made to prevent loss of control or the ignition of surrounding combustibles. Persons releasing Sky Lanterns used for scientific or research purposes shall first submit a plan outlining the scientific or research purpose and shall obtain a permit and specific conditions from the fire code official. (9) Section 308.2 is added to the San Bernardino County Fire Protection District Fire Code, to read:
308.2 Permits required. Permits shall be obtained from the fire code official in accordance with Section 105.6 prior to engaging in the following activities involving open flames:

1. Use of open flames in connection with assembly occupancies.

Exception: The use of candles.

2. Use or operation of open flames, torches or other devices, machines or processes liable to cause fire in or upon Wildfire Risk Areas. (10) Sections 309.1—309.7 are added to the San Bernardino County Fire Protection District Fire Code, to read:

SECTION 309

POWERED INDUSTRIAL TRUCKS AND EQUIPMENT
limited to, floor scrubbers and floor buffers, shall be operated and maintained in accordance with Section 309.2 through 309.7. 309.2 Use in hazardous (classified) locations. Powered industrialtrucks used 16

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in areas designated as hazardous (classified) in accordance with the California Electrical Code shall be listed and labeled for use in the environment intended in accordance with National Fire ProtectionAssociation Standard 505.
309.3 Battery chargers. Battery chargers shall be of an approved type.

Combustible storage shall be kept not less than 3 feet (915 mm) from battery chargers.

Battery charging shall not be conducted in areas accessible to the public. 309.4 Ventilation. Ventilation shall be provided in an approved manner in batterycharging areas to prevent a dangerous accumulation of flammable gases. 309.5 Fire extinguishers. Battery—ohargingareas shall be provided with a fire extinguisher complying with Section 906 having a minimum 4—A:20—B:Crating within 20 feet (6096 mm) of the battery charger.
309.6 Refueling. Powered industrial trucks using liquid fuel, LP—gasor hydrogen shall be refueled outside of buildings or in areas specifically approved for that purpose.

Fixed fuel dispensing equipment and associated fueling operations shall be in accordance with Chapter 23. Other fuel-dispensing equipment and operations, including cylinder exchange for LP—gas—fueledvehicles, shall be in accordance with Chapter 57 for flammable and combustible liquids or Chapter 61 for LP—gas. 309.7 Repairs. Repairs to fuel systems, electrical systems and repairs utilizing open flame or welding shall be done in approved locations outside of buildings or in areas specifically approved for that purpose.
(11)
Protection District Fire Code, to read:
311.1 General.

Sections 3111- 311.4 are added to the San Bernardino County Fire Temporarily unoccupied buildings, structures, premises, or portions thereof, including tenant spaces, shall be safeguarded and maintained in Code. 311.1.1 Abandoned premises. Buildings, structures and premises for which an owner cannot be identified or located by dispatch of a certificate of mailing to the last '17

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known or registered address, which persistently or repeatedly become unprotected or unsecured, which have been occupied by unauthorized persons or for illegal purposes, or which present a danger of structural ‘collapseor fire spread to adjacent properties shall be considered abandoned, declared unsafe and abated by demolition or rehabilitation in accordance with the California Building Code and the international Property Maintenance Code as adopted by the local Building Department.
311.1.2 Tenant spaces. Storage and lease plans required by this Code shall be revised and updated to reflect temporary or partial vacancies. 311.2 Safeguarding vacant premises. Temporarily unoccupied buildings, structures, premises or portions thereof shall be secured and protected‘ in accordance with Sections 311.2.1 through 311.2.3.
311.2.1 Security. Exterior and interior openings accessible to other tenants or unauthorized persons shall be boarded, locked, blocked or othen/vise protected to prevent entry by unauthorized individuals. The fire code official is authorized to placard, post signs, erect barrier tape or take similar measures as necessary to secure public safety. 311.2.2 Fire protection. Fire alarm, sprinkler and standpipe systems shall be maintained in an operable condition at all times.

Excep?ons:

1. Where the premises have been cleared of all combustible materials and debris and, in the opinion of the fire code official, the type of construction, fire separation distance and security of the premises do not create a fire hazard.

2. Where approved by the fire code official, buildings that willnot be heated and where fire protection systems will be exposed to freezing temperatures, fire alarm and sprinkler systems are permitted to be placed out of service and standpipes provided the building has no contents or storage, and windows, doors and other openings are secured to prohibit entry by unauthorized persons. 18

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3. Where approved by the fire code official, fire alarm and sprinkler systems are permitted to be placed out of service in seasonally occupied buildings that will not be heated and where fire protection systems will be exposed to freezing temperatures; and where fire areas do not exceed 5,000 square feet (464 m2); and that do not store motor vehicles or hazardous materials. 311.2.3 Fire separation. Fire-resistance—rated partitions, fire barriers and fire walls separating vacant tenant spaces from the remainder of the building shall be maintained. Openings, joints and penetrations in fire—resistance—ratedassemblies shall be protected in accordance with Chapter 7.
311.3 Removal of combustibles. Persons owning, or in charge or control of, a vacant building or portion thereof, shall remove therefrom all accumulations of combustible materials, flammable or combustible waste or rubbish and shall securely lock or otherwise secure doors, windows and other openings to prevent entry by unauthorized persons. The premises shall be maintained clear of waste or hazardous materials.

Excep?ons:

1. Buildings or portions of buildings undergoing additions, alterations, repairs or change of occupancy in accordance with the California Building Code, where waste is controlled and removed as required by Section 304.

2. Seasonally occupied buildings.
311.4 Removal of hazardous materials. Persons owning or having charge or control of a vacant building containing hazardous materials regulated by Chapter 50 shall comply with the facility closure requirements of Section 5001.6. (12) Section 315.7 of the California Fire Code is amended, to read:
315.7Outdoor pallet storage. The outside storage of combustible pallets shall — Fire Prevention Standards. Pallets stored within a building shall be protected in accordance with Chapter 32. Outdoor storage of pallets at pallet manufacturing and/or recycling facilities shall be in accordance with Section 2810. 19

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315.7.2 Distance to the lot line. Pallet storage shall not be located within 20 feet (6096 mm) of a lot line.
315.7.3 Storage Height. Pallet storage shall not exceed 16 feet (4877 mm) in height.
315.7.4 Pallet pile stability and size. Pallet stacks shall be arranged to form stable piles. Individual pallet piles shall not exceed 20 feet (6096 mm) in width and 20 feet (6096 mm) in length. Piles shall not exceed 6,400 cubic feet (227 m3) in volume and shall cover an area not greater than 400 square feet (37 m2). 315.7.5 Pallet types. Pallets shall be all wood, with slatted or solid top or bottom, with metal fasteners, or shall be plastic or composite pallets, listed and labeled in accordance with the UL 2335 or FM 4996. Plastic pallets shall be both solid and gridded deck, independent of the pallet manufacturing process, type of resin used in fabrication or geometry of the pallet.
315.7.6 Pile separation distances. in addition to the other requirements of this section, pallet stacks and piles shall be separated in accordance with sections 315.7.6.1 and 315.7.6.2.
315.7.6.1 Building separation. Pallet stacks and piles shall be separated from buildings in accordance with Table 315.7.6(1) for wood pallets and Tables 315.7.6(2) for 315.7.6.2 Separation from the other pallets and on-site storage. Pallets shall be separated from other pallet piles and other storage in accordance with Table 315.7.6(3) for wood pallets and Table 315.7.6(4) for plastic pallets. 315.7.7 Prohibited locations. Pallets shall not be stored within 100 feet (30480 20

Page 68 of 255 ends

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mm) of welding or cutting equipment, underneath high—voltagetransmission lines, public roadways or railways.
(13) Section 315.8 is added to the San Bernardino County Fire Protection District Fire Code, to read:
315.8 Outside storage of firewood. The outside storage of firewood shall comply with the provisions of Section 315 of this Code, and San Bernardino County Fire Protection District Fire Prevention Standards.
(14) Section 315.9 is added to the San Bernardino County Fire Protection District Fire Code, to read:
315.9 Storage of motor vehicles and trailers. Outside storage of automobiles, trucks, recreational vehicles, truck trailers and other similar vehicles on a temporary basis shall meet the requirements of the San Bernardino County Fire Protection District Fire Prevention Standards.
(15) Section 316.7 is added to the San Bernardino County Fire Protection District Fire Code, to read:
316.7 Electrified fences. Electrified fences or other barriers intended to secure a premise shall have provided a means of disconnecting all electrical power and deenergizing any and all barriers with a single main switch. The main electrical disconnect switch shall be clearly labeled and be accessible for firefighter use by means of a key switch, locked cabinet, or other means approved by the fire code official. Such electrified fences or barriers shall be clearly labeled with warning signs that read “DANGER — ELECTRIC FENCING” at a minimum of every 100 feet (30,480 m) apart around the perimeter.

Protection District Fire Code are added or amended, as follows: (1) Sections 403.11 — 403.1133 are added to the San Bernardino County Fire
Protection District Fire Code, to read: 21

Page 69 of 255 ends

4 \ (D CO CD \I CD 0'1 -D-.
(D l\)
403.11 Special requirements for public safety. Special requirements for public safety shall be in accordance with Sections 403.11.1 through 403.11.3.3. 403.11.1 Fire watch personnel. Where, in the opinion of the fire code official, it is essential for public safety in a place of assembly or any other place where people congregate, because of the nature of the performance, exhibition, display, contest or activity, the owner, agent or lessee shall provide one or more fire watch personnel, as required and approved. Fire watch personnel shall comply with Sections 403.11.1.1 and 403.11.1.2 and San Bernardino County Fire Protection District Fire Prevention Standards. 403.11.1.1 Duty times. Fire watch personnel shall remain on duty while places requiring a fire watch are open to the public, or when an activity requiring a fire watch is being conducted.
403.11.1.2 Duties. On—duty fire watch personnel shall have the following responsibilities:

1. Keep diligent watch for fires, obstructions to means of egress and other hazards.

2. Take prompt measures for remediation of hazards and
extinguishment of fires that occur.

3. Take prompt measures to assist in the evacuation of the public from the structures.
403.11.2 Public safety plan for gatherings. Where the fire code official determines that an indoor or outdoor gathering of persons has an adverse impact on public safety through diminished access to buildings, structures, fire hydrants or fire apparatus access roads or where such gatherings adversely affect public safety services prescribe a public safety plan that provides an approved level of public safety and addresses the following items: 1. Emergencyvehicle ingress and egress. 2. Provisions for maintaining fire protection equipment. 22

Page 70 of 255 ends

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3. Emergency egress or escape routes.

4. Emergency medical services facilities and personnel.

5. Public assembly areas.

6. The directing of both attendees and vehicles, including the parking of vehicles.

7. Vendor and food concession distribution.

8. The need for the presence of law enforcement.

9. The need forfire department apparatus or personnel available on the site, provided owner, agent, or lessee’s expense, as required by the fire code official.

10. The need for a weather monitoring person.

11. The need for qualified crowd managers meeting the
requirements of section 403.11.3 through 403.11.3.3.
403.11.3 Crowd managers. Where required by the fire code official, crowd managers shall be provided in accordance with sections 403.11.3.1 through 403.11.3.3. 403.11.3.1 Number of crowd managers. Not fewer than two trained crowd managers, and not fewerthan one trained crowd managerfor each 250 persons or portion thereof, shall be provided for the gathering.

Exception: The number of crowd managers shall be reduced where, in the opinion of the fire code official, the fire protection provided by the facility and the nature of the event warrant a reduction.
403.11.3.2 Training.

Training for crowd managers shall be a certification from the National Association of State Fire Marshals (NASFM) or an equivalent training and certification 403.11.3.3 Duties. The duties of crowd managers shall include, but not be limitedto: 1. Conduct an inspection of the area of responsibility and identify 23

Page 71 of 255 ends

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2. Conduct and inspection ofthe area of responsibility to identify and mitigate any fire hazards.

3. Verify compliance with all permit conditions

4. Direct and assist the event attendees in evacuation during an emergency.

5. Direct emergency response personnel to a location when requested.

6. Other duties required by the fire code official.

7. Other duties as specified in the fire safety plan.
(e) The following sections of Chapter 5 of the San Bernardino County Fire Protection District Fire Code are added or amended, as follows:
(1) Sections 503.1-503.5.1 are added to the San Bernardino County Fire Protection District Fire Code, to read:

SECTION 503

FIRE APPARATUS ACCESS ROADS
503.1 Where required. Fire apparatus access roads shall be provided and maintained in accordance with Sections 503.1.1 through 503.13. 503.1.1 Buildings and facilities. Approved fire apparatus access roads shall be provided for every facility, building or portion of a building hereafter constructed or moved into or within the jurisdiction. The fire apparatus access road shall comply with the requirements ofthis section and shall extend to within 150 feet (45720 mm) of all portions of the facility and all portions of the exterior walls of the first story of the building as measured by an approved route around the exterior of the building or facility.

1. The fire code official is authorized to increase the dimension of 150 feet (45720 mm) where any of the followingconditions occur: 1.1. Unless required by another section of this Code, the 24

Page 72 of 255 ends

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_x(D l\) O _x[U N) l\) (.0l\) l\J-D 01l\J O) l\) l\) \l l\) 00 building is equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.‘l.1,903.3.1.2 or 90331.3.

1.2. Fire apparatus access roads cannot be installed
because of location on property, topography, waterways, nonnegotiable grades or other similar conditions, and an approved alternative means of fire protection is provided.

1.3. There are not more than two Group R-3 or Group U
occupancies.

2. Where approved by the fire code official, fire apparatus access roads shall be permitted to be exempted or modified for solar photovoltaic power generation facilities.
503.1.2 Additional access. The fire code official is authorized to require more than one fire apparatus access road based on the potential for impairment of a single road by vehicle congestion, condition of terrain, climatic conditions or other factors that could limitaccess.
503.1.3 High Piled Storage. Fire department vehicle access to buildings used for high—pi|edcombustible storage shall comply with the applicable provisions of Chapter 32. 503.2 Specifications. Fire apparatus access roads shall be designed, constructed and maintained in accordance with Sections 503.2.1 through 503.2.8. and San Bernardino Fire Protection District Fire Prevention Standards. 503.2.1 Dimensions. Fire apparatus access roads shall have an unobstructed width of not less than 26 feet (7925 mm), except for approved security gates in accordance with Section 503.6, and an unobstructed vertical clearance of not less than 14 feet, 6 inches (4420 mm.) Roadways that provide fire apparatus access to buildings that have exterior walls 30 feet or higher from the lowest level of fire department access stories above such adjacent roadways shall have an unobstructed width of 30 feet (9144 mm.) Excep?ons: 25

Page 73 of 255 ends

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1. Emergency vehicle access roads designed and provided exclusively for fire department use may have an unobstructed width of not less than 20 feet (6096 mm) when approved by the fire code official.

2. Driveways and private roadways providing fire department access to not more than two Group R-3 and accessory Group U occupancies shall be a minimum of 12 feet (3657 mm) in width.

3. Required access road dimensions may be modified according to the San Bernardino County Fire Protection District Fire Prevention Standards when, due to location on property, topography, watenNays, nonnegotiable grades or other similar conditions, the fire code official determines that the conditions cannot be met. In no case shall fire department access roads within State Responsibility areas (SRA) be less than 20 feet (6096 mm) in unobstructed width.
503.2.2 Authority. The fire code official shall have the authority to require or permit modifications to the required access widths and heights where they are inadequate for fire or rescue operations or where necessary to meet public safety objectives. 503.2.3 Surface. Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus weighing at least 75,000 pounds and shall be surfaced so as to provide all—weatherdriving capabilities.

Exceptions:

1. Where road grades do not exceed eight percent (8%), and where serving only one or two—fami|ydwellings or accessory Group U occupancies, the fire code official may approve existing roads constructed with approved native materials or other earthen materials compacted to eighty—fivepercent (85%) compaction.

2. The fire code official is authorized to allow alternate fire and demonstrating an equivalent reliability and safety. 503.2.4 Turning Radius. The required turning radius of a fire apparatus access road shall comply with San Bernardino Fire Protection District Fire Prevention Standards 26

Page 74 of 255 ends

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as determined by the fire code official.
503.2.5 Dead Ends. Dead—endfire apparatus access roads in excess of 150 feet in length (45,720 mm) shall be provided with an approved area for turning around fire apparatus that complies with San Bernardino Fire Protection District Fire Prevention Standards.
503.2.6 Bridges and elevated surfaces. Where a bridge or an elevated surface is part of a fire apparatus access road, the bridge shall be constructed and maintained in accordance with AASHTO HB—‘l7.Bridges and elevated surfaces shall be designed for a live load sufficient to carry the imposed loads of fire apparatus. Vehicle load limits shall be posted at both entrances to bridges where required by the fire code official. Where elevated surfaces designed for emergency vehicle use are adjacent to surfaces that are not designed for such use, approved barriers, approved signs or both shall be installed and maintained where required by the fire code official. 503.2.7 Grade. The grade of a fire apparatus access road or driveway shall be a maximum of twelve percent (12%).

Excep?ons:

1. The grade of a fire apparatus access road or driveway may be increased to fourteen percent (14%) for a distance not to exceed 500 feet with the approval of the fire code official.

2. The grade of a driveway providing fire access to no more than two (2) one— or two—familydwelling may be increased to a maximum of sixteen percent (16%) for a distance not to exceed 500 feet in areas in which the Hillside Grading Standards pursuant to Chapter 83.08 of the San Bernardino County Development Code apply and with the approval of the fire code official.
503.2.8 Angles of approach and departure. The angles of approach and departure for fire apparatus access roads shall comply with the San Bernardino County Fire Protection District Fire Prevention Standards. 27

Page 75 of 255 ends

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503.3 Marking. Where required by the fire code official, approved signs and markings that include the words “NO PARKlNG—FlRE LANE”and that comply with San Bernardino County Fire Protection District Fire Prevention Standards shall be provided for fire apparatus access roads to identify such roads or prohibit the obstruction thereof.

The means by which fire lanes are designated shall be maintained in a clean and legible condition at all times and be replaced or repaired when necessary to provide adequate visibility.
503.4 Obstruction of fire apparatus access roads. Fire apparatus access roads shall not be obstructed in any manner, including the parking of vehicles. The minimum widths and clearances established in Section 503.21 and 503.2.2 shall be maintained at all times. Any condition that serves as an impediment to fire access, or any vehicle or other obstruction to fire access may be removed at the orders of the fire code official or other governing agency in cooperation with the fire code official, with the expense of such removal to be paid by the owner of the roadway, or of said vehicle or obstruction. 503.4.1 Traffic calming devices. Traffic calming devices shall be prohibited unless approved by the fire code official in accordance with the San Bernardino County Fire Protection District Fire Prevention Standards.
503.5 Required gates or barricades. The fire code official is authorized to require the installation and maintenance of gates or other approved barricades across fire apparatus access roads, trails or other access ways, not including public streets, alleys or highways. Electric gate operators, where provided, shall be listed in accordance with UL 325. Gates intended for automatic operation shall be designed, constructed and installed to comply with the requirements ofASTM F 2200 and the San Bernardino County Fire Protection District Fire Prevention Standards.
shall be secured in an approved manner. Roads, trails and other access ways that have been closed and obstructed in the manner prescribed by Section 503.5 shall not be trespassed on or used unless authorized by the owner and the fire code official. 28

Page 76 of 255 ends

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Exception: The restriction on use shall not apply to public officers acting within the scope of duty.
(2) Section 503.6 is added to the San Bernardino County Fire Protection District Fire Code, to read:
503.6 Security gates. The installation of security gates across a fire apparatus access road shall be approved by the fire code official. Where security gates are installed, they shall have an approved means of emergency operation. The security gates and the emergency operation shall be maintained operational at all times. Electric gate operators, where provided, shall be listed in accordance with UL325. Gates intended for automatic operation shall be designed, constructed and installed to comply with the requirements of ASTM F 2200 and the San Bernardino County Fire Protection District Fire Prevention Standards.
(3) Section 504.5 is added to the San Bernardino County Fire Protection District Fire Code, to read:
504.5 Foam cornices. Buildings with cornices or other trim at the edge of a roof or parapet wall made of expanded foam plastic or other similar materials shall be installed in accordance with San Bernardino County Fire Protection District Fire Prevention Standards in order to allow a stable, rigid surface or edge on which a ladder can be used to access the roof.
(4) Sections 5051-5052 are added to the San Bernardino County Fire Protection District Fire Code, to read:

SECTION 505

PREMISES IDENTIFICATION
505.1 Address identification. New and existing buildings shall be provided with County Fire Protection District Standards. The address identification shall be legible and placed in a position that is visible from the street or road fronting the property. Address identification characters shall contrast with their background. Address identification shall 29

Page 77 of 255 ends

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Numbers shall not be spelled out. Each be Arabic numerals or alphabetical letters. character shall be not less than 4 inches (102 mm) high with a minimum stroke width of ‘/2inch (12.7 mm). Where required by sections 505.1.1 — 505.1.6, address identification shall be provided in additional approved locations to facilitate emergency response.

Address identification shall be maintained.
505.1.1 One and two family dwelling units. Allone and two family dwelling units shall, in addition to the requirements of section 505.1, be provided with address identification in accordancewith all of the following:

1. Electrically illuminated by an internal low—voltagelight source during the hours of darkness.

2. Where building setbacks exceed 100 feet (30.5 m) from the street, or where addresses on dwelling units would not be visible or would otherwise be obstructed, additional non—illuminatedaddress identification shall be displayed on a monument, sign or other approved means used to identify structures. 505.1.2 Buildings less than 100,000 square feet, other than one— and twofamily dwelling units. All buildings less than 100,000 square feet (9290 m2) in area, other than one— and t\No—familydwelling units, shall, in addition to the requirements of Section 505.1, be provided with address identification in accordance with all of the following:

1. Electrically illuminated by an internal or external source during the hours of darkness.

2. Not less than eight inches (204 mm) in height, with a minimum stroke width of 1 inch (25.5 mm).

3. Where building setbacks exceed 200 feet (61 m) from the obstructed, additional non—illuminated address identification shall be displayed on a Address monument, sign or other approved means used to identify structures. identificationcharacters shall not be less than six inches (153 mm) in height, with a 30

Page 78 of 255 ends

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minimum stroke width of 0.75 inches (19 mm).
505.1.3 Buildings 100,000 square feet or larger, other than one- and twofamily dwelling units. All buildings 100,000 square feet (9290 m2) or larger in area, other than one- and two—familydwelling units, shall, in addition to the requirements of Section 505.1, be provided with address identification in accordance with all of the following:

1. Electrically illuminated by an internal or external source during the hours of darkness.

2. Not less than twelve inches (306 mm) in height, with a minimum stroke width of 1.5 inch (38 mm).

3. Where building setbacks exceed 200 feet (61 m) from the street, or where address identification would not be visible or would otherwise be obstructed, additional non—i||uminated address identification shall be displayed on a monument, sign or other approved means used to identify structures. Address identification characters shall not be less than six inches (153 mm) in height, with a minimum stroke width of 0.75 inches (19 mm).
505.1.4 Illuminated directory. When required by the fire code official, new multiple dwelling unit complexes of 20 or more units shall be provided with an illuminated directory at each entry, clearly visible to emergency responders entering the property.

The directory shall comply with San Bernardino County Fire Protection District Fire Prevention Standards and shall consist of a diagrammatic representation of the complex which shows the location of the viewer and the unit designations within the complex. 505.1.5 Individual units. Individual dwelling units other than one- and two—family dwellings, and tenant lease spaces within buildings shall be posted with address pedestrian traffic and shall comply with section 505.1 and the San Bernardino County Fire Protection District Fire Prevention Standards. 505.1.6 Rear addressing. Buildings which have vehicular access to the rear side 31

Page 79 of 255 ends

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by means of a drive aisle alley, or parking lot shall also display address identification on the rear of the building and the San Bernardino CountyFire Protection District Standards. 505.2 Street or road name signs. The names of streets or roads shall be identified with approved signs. Temporary street or road name signs meeting the San Bernardino County Fire Protection District Fire Prevention Standards shall be installed at each street intersection when construction of new roadways allows passage by vehicles and shall be maintained until replaced by permanent signs. (5) Sections 506.1—506.2are added to the San Bernardino County Fire Protection District Fire Code, to read:

SECTION 506

KEY BOXES
506.1 Where required. Where access to or within a structure or an area is restricted because of secured openings or where immediate access is necessary for lifesaving or fire—fightingpurposes, the fire code official is authorized to require one or more key boxes to be installed in an approved location(s). The key box(es) shall be of an approved type in accordance with San Bernardino County Fire Protection District Fire Prevention Standards and shall contain keys to gain necessary access as required by the fire code official.
506.1.1 Locks. An approved lock or entry device meeting San Bernardino County Fire Protection District Fire Prevention Standards shall be installed on gates or similar barriers across fire department access roads where required by the fire code official. 506.2 Key box maintenance. The operator ofthe building shall immediately notify the fire code official and provide the new key where a lock is changed or rekeyed. The key to such lock shall be secured in the key box.

SECTION 507 FIRE PROTECTION WATER SUPPLIES 507.1 Required water supply. An approved water supply capable of supplying 32

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the required fire flow for fire protection shall be provided to premises upon which facilities, buildings or portions of buildings are hereafter constructed or moved into or within the jurisdiction. In areas without a water purveyor capable of supplying the required water supply, National Fire Protection Association Standard 1142 (current edition) shall be used to establish on—sitewater storage capacities, when allowed by the fire code official.

Exception:

1. When approved by the fire code official, the following shall be permitted in lieu of an adequate water supply when serving not more than two Group R3 occupancies and accessory Group U occupancies:
a) Accessory Group U occupancies shall be a minimum of
50 feet (15,240 mm) from all adjacent dwellings and property lines. b) Group R—3Occupancies shall be equipped with an
approved residential fire sprinkler system in accordance with NFPA 13D/CRC313. c) Provide other approved alternate means and
methods as approved by the fire code official.
(7) Section 507.2.3 is added to the San Bernardino County Fire Protection District Fire Code, to read:
507.2.3 Temporary water supply. When required by the fire code official, a temporary water supply shall be provided for buildings under construction, prior to such buildings being occupied. Temporary water supplies shall be in accordance with San Bernardino County Fire Protection District Fire Prevention Standards. (8) Section 507.3 of the California Fire Code is amended, to read:
507.3 Fire Flow. Fire flow requirements for buildings or portions of buildings and be determined by method below or by Appendix B.
lieu of adequate fire flow when serving not more than two Group R—3occupancies and accessory Group U occupancies: a) Accessory Group U occupancies shall be a minimum 33

Page 81 of 255 ends

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50 feet (15,240 mm) from all adjacent dwellings and property lines. b) Group R-3 Occupancies shall be equipped with an
approved residential fire sprinkler system in accordance with NFPA 13D/CRC313. alternate means and c) Provide other approved
methods as approved by the fire code official.
(9) Section 507.5 of the California Fire Code is amended, to read:
507.5. Fire hydrant systems. Fire hydrant systems shall comply with Sections 507.5.1 through 5075.6 and San Bernardino County Fire Protection District Fire Prevention Standards.
(10) Section 507.5.1 of the California Fire Code is amended, to read:
507.5.1 Where required. Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 300 feet (91.5 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on—sitefire hydrants and mains shall be provided where required by the fire code official.

Exception: For Group R-3 and attached Group U occupancies, the distance requirement shall not be more than 600 feet (183 m). (11)
Protection District Fire Code, to read:

Section 507.5.1.2 is added to the San Bernardino County Fire 507.5.1.2 Water supply connections. New on—sitefire hydrant water systems that serve buildings having a single or aggregate floor area of greater than 100,000 square feet (9290 m2)shall have a minimum of two separate remote connections to the public water system designed and constructed in accordance with the National Fire County Fire Protection District Fire
(12) Section 508.2 is added to the San Bernardino County Fire Protection District Fire Code, to read: 34

Page 82 of 255 ends

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508.2 Fire Control Room. A fire control room for fire department operations shall be provided in all newly constructed Group F—‘l,S-1 and S-2 distribution warehouses greater than 300,000 square feet (27870 m-’-)in floor area. The location and accessibility of the fire control room shall be approved by the fire code official. The fire control room shall be separated from the remainder of the building by walls and ceilings not less than one—hourfire partitions and shall have at least one exterior access door of not less than 3’—0”(918 mm) in width by 6’—8”(2040 mm) in height. The room shall be a minimum of 96 square feet (9 m2)with a minimum dimension of 8 feet (2438 mm.) The room shall contain the following as a minimum:

1. The fire alarm control unit and associated equipment, including an annunciator panel displaying status of sprinkler control valves and waterflow detectors.

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

3. A printed graphic exhibit(s) showing the building floor plan, automatic sprinkler systems, fire alarm systems, smoke exhaust systems, fire department access doors, and any other equipment as required by the fire code official.

4. Other firefighting equipment and system controls as required by the fire code official.
(13) Section 509.3 is added to the San Bernardino County Fire Protection District Fire Code, to read:
509.3 Access to equipment in multi-unit buildings. When automatic fire sprinkler systems or fire alarm systems are installed in buildings constructed for multiple tenants and these systems protect multiple tenant spaces, the main risers, fire alarm be located in an attached or included room separate from any tenant space. Such rooms shall have at least one exterior access door of not less than 3’-0” (918 mm) in width by 6’—8”(2040 mm) in height and meet the requirements of Sections 901.4.6—901.4.6.4. 35

Page 83 of 255 ends

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_xG) C) I\ _xl\) i\.) l) l\) (23 i\) -I5 [UU‘! l\) O) l\) \l CI) f\) (f) The following sections of Chapter 9 of the San Bernardino County Fire Protection District Fire Code are added or amended, as follows:
(1) Section 901.8.3 is added to the San Bernardino County Fire Protection District Fire Code, to read:
901 .8.3 Theft deterrents. The fire code official is authorized to require installation methods, mechanisms, or other technology that willserve to deter theft or tampering with fire protection appliances. Such methods shall be in accordance with the San Bernardino County Fire Protection District Fire Prevention Standards. (2) Section903.2 of the California Fire Code is amended, to read:
903.2 Where required. Approved automatic fire sprinkler systems in new buildings and structures shall be provided in the locations described in this section and Sections 903.2.1 through 903.2.21. Notwithstanding any other provision of Sections 9032.1 through 903.2.21, an approved automatic fire sprinkler system shall be provided throughout all newly constructed buildings of any occupancy group, when the gross floor area is equal to or exceeds 5,000 square feet (465 m2), regardless of fire resistive separation walls.

Excep?ons:

1. Group U occupancies, accessory to a Group R-3 one— or twofamily dwelling.

2. In existing buildings, other than Group R, Division 3 and Group U occupancies, not equipped with an automatic fire sprinkler system, the following requirements shall apply:
a) When an addition causes the building to exceed 5,000 of the existing square footage, the entire building shall be provided with an automatic sprinkler system. b) For existing buildings larger than 5,000 square feet (465 m2)in gross floor area, when a change of use occurs that, in the opinion of the fire 36

Page 84 of 255 ends

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code official, increases the risk of fire, or increases the danger to occupants in a fire, the entire building shall be provided with an automatic sprinkler system. (3) Section 910.2.1 of the California Fire Code is amended, to read:
910.2.1 Group F‘-1,S-1 and S-2. A mechanical smoke removal system installed in accordance with section 910.4 shall be installed in buildings and portions thereof used as group F—1,S-1 and S-2 occupancy having more than 50,000 square feet (4645m2) of undivided area.
(4) Section 910.2.2 of the California Fire Code is amended, to read:
910.2.2 High-piled combustible storage. Smoke and heat removal required by Table 3206.2 for buildings and portions thereof containing high—piledcombustible storage shall be installed in accordance with Section 910.3 in unsprinklered buildings. In buildings and portions thereof containing high—piledcombustible storage equipped throughout with an automatic sprinkler system in accordance with Section 903.3.1.1, a mechanical smoke and heat removal system shall be installed in accordance with Section 910.4. In occupied portions of a building equipped throughout with an automatic sprinkler system in accordance with Section 903.3.1.1 where the upper surface of the story is not a roof assembly, a mechanical smoke removal system in accordance with Section 910.4 shall be installed.
(g) The following section of Chapter 11 of the San Bernardino County Fire Protection District Fire Code is added, as follows:
(1) Section 1103.2 is added to the San Bernardino County Fire Protection District Fire Code, to read:
1103.2 Emergency responder communication coverage in existing buildings.

R-3, that do not have approved in—building,two—way
based on existing coverage levels of the public safety communication system, shall be equipped with such coverage-according to Section 510.1. 37

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__\ __\ CDCO(I)\lCDU‘I-D-OOI\)
_L—X _;[0 _xC10
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_\ \I
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_$D l$ O
._\ [Q i\) l'\J (.0I\) l\) -l>- U‘! l\J l\.) O) l\) \l G) l\J Exception: Where it is determined by the fire code official that the in—building, two—way emergency responder communication coverage system is not needed.
(h) The following sections of Chapter 28 of the San Bernardino County Fire Protection District Fire Code are added or amended, as follows:
(1) Section 2808.3 of the California Fire Code is amended, to read:
2808.3 Size of piles. Piles shall not exceed 12 feet (3657 mm) in height, 150 feet (45 270mm) in width and 250 feet (76 200 mm) in length. Stackable products shall not be stacked in excess of 12 feet (3657 mm) in height, 80 feet (24 384 mm) in width and 250 feet (76 200 mm) in length.
(2) Section 2808.7.1 is added to the San Bernardino County Fire Protection District Fire Code, to read:
2808.7.1 Pile fire protection, public water supply. The operator shall provide and maintain approved fire hydrants and waterline mains as required by the fire code official. Water lines may be approved aboveground lines supplied from a reliable water supply with adequate protection against impact and fire flow reaction. Hydrant spacing shall be at 400—footintervals along primary fire access roadways. Fire flow at each hydrant shall be least 1,000 gallons per minute at 20 psi. Duration of the required fire flow shall be not less than two hours.
(3) Section 2808.7.2 is addedto the San Bernardino County Fire Protection District Fire Code, to read:
2808.7.2 Pile fire protection, private water supply. Above—groundwater storage tanks may be installed when authorized by the fire code officialwhere public water supply flow shall be as determined by the current edition of NFPA 1142. (4) Sections 2810.1 through 2810.11 of the California Fire Code, is amended, to read: 38

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._A CDK)Q)\lO3U‘I-be-OI\)
SECTION 2810

OUTDOOR STORAGE OF PALLETS AT PALLET MANUFACTURING ANDIOR

RECYCLING FACILITIES
2810.1 General. The outside storage of wood pallets and wood composite pallets on the same site as a palletmanufacturing and/or recycling facility shall comply with Sections 2810.2 through 2810.11 and San Bernardino County Fire Protection District Fire Prevention Standards.
2810.2 Site plan. Each site shall maintain an approved site plan that includes a general description of the property, the boundaries of the lot, the size and location of buildings, and all of the following:

1. Utilities.

2. Type of construction and presence of sprinkler protection for all buildings on the site.

3. Locations of all fire hydrants and any other water supply sources for firefighting purposes.

4. Locations of any hazards (e.g., flammable liquids, welding, LP gas tanks, and hazardous material storage areas).

5. Location of pallet storage and any other combustibles on the site. 6 Equipment protected with a dust collection system.

7. Fire apparatus access roads.
8 Designated smoking areas.
9 Location of fire alarm control panels.
2810.3 Fire prevention plan. The owner or owner's authorized representative shall prepare

2. Hot work permit program in accordance with Chapter 35. 3. Preventative maintenance program for equipment associated with pallet activities 39

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4 ©£OCD\lO)U1-b(.0l\J

4. Inspection, testing and maintenance of fire protection systems in accordance with Chapter 9.
2810.4 Fire safety emergency evacuation plan. The owner or owner’s authorized representative shall prepare and train employees in an approved fire safety and emergency evacuation plan in accordance with Chapter 4. 2810.5 Security management plan. The owner or owner’s authorized representative shall prepare a security management plan based on a security risk assessment and shall make the plan and assessment available to the fire code official upon request.
2810.6 Clearance to property line. Stacks of pallets shall not be stored less than 20 feet (6096 mm) of the property line or shall comply with Section 2810.11. 2810.7. Clearance to buildings and storage. Stacks of pallets shall not be stored less than 20 feet (6096 mm) from any building or combustible structure on site, or shall comply with Section 2810.11. Pallets shall not be stored under eaves, canopies or other projections or overhangs of buildings except where protected by an automatic sprinkler system.
2810.8 Size and Height. Pallet stacks shall be arranged to form stable piles.

Individual pallet piles shall cover an area not greater than 400 square feet (37 m2).Pallet stacks and piles shall not exceed 16 feet (4876 mm) in height. 2810.9 Fire hydrant spacing and flow. Fire hydrants shall be located at each entrance to the facility and at locations onsite as determined by the fire code official. Fire flow requirements for the site shall be based on a risk analysis and assessment performed by a California licensed fire protection engineer and approved by the code official. All water supply sources for fire—fighting shall be 2810.10 Portable fire extinguishers. A4A40BC portable fire extinguishers shall . be provided within 75 feet (22 860 mm) of any pallet stack or manufacturing area(s). 2810.11 Alternative approach. Where approved by the fire code official, pallet 40

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_\ K) I\) O_\I\) K) I\ (A) I\) I\) -DI\) U‘! I\) O) I\) \I I\) CD
stacks located closer to a property line or structure than as required by Sections 2810.6 and 2810.7 shall be provided with additional fire protection including, but not limited to, the following:

1. The storage yard areas and material handling equipment selection, design and arrangement are based on anapproved risk assessment.

2. Automatic fire detection that transmits an alarm to a supervising station in accordance with National Fire Protection Association Standard 72.

3. Fire apparatus access roads around all storage areas. (i) The following sections of Appendix B of the San Bernardino County Fire Protection District Fire Code are added or amended as follows:
(1) Table B‘|O5.2 of the California Fire Code is amended, to read:

TABLE B105.2

REQUIRED FIRE-FLOW FOR BUILDINGS OTHER THAN ONE- AND
TWO-FAMILY DWELLINGS, GROUP R-3 AND R-4-BUILDINGS AND TOWNHOUSES

AUTOMATIC MINIMUMFIRE-FLOW FLOW DURATION

SPRINKLER SYSTEM
(Design Standard)
(gallons per minute) (hours)
Value in Table B105.1(2) Duration in Table B105/l(2) No automatic sprinkler system
50% of the value in Table Section 903.3.‘l.1 of the Duration in Table B105.1(2) at 50% of the value in Table B105.1(2)b Section 9033.12 of the Duration in Table B105.1(2) at California Fire Code the reduced flow rate 41

Page 89 of 255 ends

._X _A©COCD\lO30‘l-b(.Ol\)
.—\ ; _x
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_.\. -B_$Tl _\CD_\ \l _x(D _\(O l$ O__\ l\) l\.) IQ (.0I\) l\) -5 |\) U1 l\) O) l\) \I 0) I9 For SI: 1 gallonper minute = 3.785 L/m.
a. Thereduced fire—flowshall be not less than 1,000 gallons per minute.
b. The reducedfire—flowshall be not less than 1,500 gallons per minute.
(j) The following sections of Appendix C of the San Bernardino County Fire Protection District Fire Code are added or amended as follows:
(1) Section C102.1 of the California Fire Code is amended, to read:

C102.1 Minimum number of fire hydrants for a building. The number of fire hydrants available to provide fire protection to a building shall be determined according to the spacing requirements in Section C103.
(2) Section C103.2 of the California Fire Code is amended, to read:

C103.2 Average Spacing. The average spacing between fire hydrants shall be 300 feet (91 m) apart in industrial, commercial and multifamily development, and 600 feet (183 m) apart in all single family development. Fire hydrants shall comply with the San Bernardino County Fire Protection District Fire Prevention Standards.

Exception: The average spacing shall be permitted to be increased by 10 percent where existing fire hydrants provide all or a portion of the required fire hydrants.
(3) Section C103.3 of the California Fire Code is adopted into the San Bernardino County Fire Protection District Fire Code and amended, to read:

C103.3 Maximum Spacing. The maximum spacing between fire hydrants shall be allowed to be up to 1000 feet (305 m) with the approval of the fire code official where protecting only incidental hazards and not structures.

4. Referenced Standards. The standards referenced in this Code shall be those that are listed in Chapter 80. Such standards shall be considered part of the requirements of this Code to the 42

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4 ©COCD\lO‘JO‘I-D-(.».Jl\J
prescribed extent of such reference. Where conflicts occur between provisions of this Code and referenced standards, the provisions of this Code shall apply. The fire code official may issue San Bernardino County Fire Protection District Fire Prevention Standards for informational purposes in clarifying and interpreting provisions of the California Fire Code, its amendments, and referenced standards.

5. Conflicting Provisions.

Where there is a conflict between a general requirement and a specific requirement, the fire code official shall determine which requirement meets the intent of this Code. Provisions ofthe California Code of Regulations that are included in this Code specifically or by reference shall prevailexcept where this Code contains a more restrictive requirement.

6. Validity and Severability.

This Code shall not be in conflict with state or federal law. If any section, subsection, sentence, clause or phrase of this Code or the application thereof is held invalid, such invalidity shall not affect other provisions or applications which can be given effect without the invalid provision or application, and to this end the provisions of this Code are severable.

7. No Liability or Warranty.

San Bernardino County, the San Bernardino County Fire Protection District, any city, town or district that ratifies this ordinance, and their employees or agents shall not be held liable for any act or omission to act done in good faith and reliance upon state law, or the ordinance, codes, standards, interpretations, policies or procedures ofthe San Bernardino County Fire Protection District. Neither San Bernardino County, the San Bernardino County Fire Protection District, nor any city, town or district that ratifies this the guarantor of proper performance by, any person or entity holding any license, permit, certificate, registration, privilege or other entitlement from the District. 8. Authority — General. 43

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_\ \l._\ % _\@ C) l\) _xl\) l\.) l\J
(A) TO l\J 45-l\) U‘! ['0O) [Q\l C!) l\)
The fire code official shall implement, administer, and enforce the provisions of this Code and shall have the authority to render interpretations of this Code. The fire code official shall also have the authority to adopt policies, procedures, rules and regulations in order to clarify the application of this Code. Such interpretations, policies, procedures, rules and regulations shall be in compliance with the intent of this Code.

9. Authority at Fires or Other Emergencies.
(a) The Fire Chief/Fire Warden, fire code official or any officer of the San Bernardino County Fire Protection District in charge at the scene of a fire or other emergency involving the protection of life or property shall have the authority to direct operations as necessary to extinguish or control any fire, perform any rescue operation, investigate the existence of suspected or reported fires, gas leaks, or other hazardous conditions or situations, or take any other action necessary in the reasonable performance of duty. In the exercise of such authority, the Fire Chief/Fire Warden, fire code official or officer is authorized to prohibit any person, vehicle, vessel or thing from approaching the scene and is authorized to remove or cause to be removed, or keep away from the scene any person, vehicle, vessel or thing which could impede or interfere with the operations of the fire department.
(b) The Fire Chief/Fire Warden, fire code official or officer ofthe San Bernardino County Fire Protection District in charge at the scene of a fire or other emergency is authorized to place ropes, tape, flagging, barricades, guards or other obstructions across any street, alley, place, driveway or private property in the vicinity of such operation so as to prevent accidents or interference with the lawful operations of the fire department to manage and control the situation and to allow the safe operation of fire, rescue and (c) County Fire Protection District in charge at the scene of a fire or other emergency is authorized to disconnect or authorize disconnection of utility service to any building, structure, vehicle or system in order to safely execute emergency operations or to 44

Page 92 of 255 ends

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eliminate an immediate hazard.

10. Authority to Inspect, lssue Notices and Administrative Citations or Abate a Hazardous Condition.
(a) Whenever it is necessary to make an inspection to enforce the provisions ofthis Code, or whenever the fire code official has reasonable cause to believe that there exists in a building or premises any conditions or activity requiring a permit authorized by this Code, or reasonably believes that there are any violations of this Code which make a building, premises, condition or activity unsafe, dangerous or hazardous, the fire code official and those personnel designated by the fire code official are authorized to enter, at all reasonable times, upon any property, premises, enclosure, structure, vehicle or vessel within the San Bernardino County Fire Protection District to determine whether the building, property, premises, enclosure, structure, vehicle, vessel, condition or activity is in compliance with this Code, or whether a violation of this Code has occurred or is occurring, and to make any inspection as may be necessary in the performance of their enforcement duties, to issue a Notice of Correction, Notice of Violation or to issue a Stop Work Order or citation.
(b) The fire code official and those persons designated by the fire code official are authorized to take photographs, samples, or other physical evidence, and make video and/or audio recordings. Allsuch entries and inspections shall be done in a reasonable manner. If an owner, lawful occupant, or the respective agent, employee, or representative thereof, refuses permission to enter and/or to inspect, the District may seek an administrative inspection warrant pursuant to the procedures provided by California Code of Civil Procedure sections 1822.50 through 1822.59, as may be amended from time to time, or the successor provisions thereto. are authorized to investigate, detain, and issue criminal or administrative citations for any violation of this Code or of the provisions of any code or standard adopted and incorporated by reference by this Code. 45

Page 93 of 255 ends

§ 4CD(OGJ\JO‘JO‘l-P-OJl\)
._k _X \ \ \ \ \ \ \ CO 00 \I CD 0'! -5 (A3 |\)
\ l'\) O ._x l\.) l\) O) l\J l\) A l\) 01 l\) (D l\) \l 03IO (d) Any violation of this Code or of the provisions of any code adopted and incorporated by reference by this Code may be deemed a fire hazard by the fire code official and acted upon pursuant to the fire hazard abatement provisions of Chapter 3 of Division 3 of Title 2 of the San Bernardino County Code beginning with Section 23.0301.

When a fire hazard or hazardous condition constitutes an immediate threat of harm to public health and safety, the fire code official may take or cause emergency abatement of such hazard with notice to parties concerned, or without notice, as the particular circumstances reasonably allow.

11. Closure of Public and Private Lands.

When it is determined by the fire code official that conditions exist on public lands within a Wildfire Risk Area that present an immediate, exceptional, or continuing danger, the Fire Chief/Fire Warden is authorized to close the affected areas and prohibit the entry of the general public. Prior to closure of private property, notification of the closure shall be made to any concerned property owners and consent obtained. Upon closing and prohibiting entry to public lands, signs shall be posted at the entry points of the affected areas indicating that the area is closed due to the existence of dangerous conditions and that entry is prohibited. Prior to closing and prohibiting entry to any State or Federally controlled lands, notification shall be made and consent obtained from the Director of Forestry and Fire Protection (CalFlRE) or U.S. Forest Service, as appropriate. Any public highway traversing such a closed area, shall, however, be excluded from the order of closure, and the closure to entry does not prohibit or curtail the entry or use of the lands by the owner of the lands or his agent, nor the entry by any federal, state or county officer upon the closed area in the performance of his official duties. All state and county law enforcement officers shall enforce the order of closure. (a) Itshall be unlawful for any person or entity to deny access to, interfere with, prevent, restrict, obstruct, or hinder employees or agents of the San Bernardino County Fire Protection District acting within the scope of their duty. 46

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% C)(0G)\lO)U‘l-hOOl\J
(b) Itshall be unlawful for any person to render a system or device inoperative during an emergency unless by direction of the Fire Chief/Fire Warden, fire code official or officer of the San Bernardino County Fire Protection District in charge at the scene of a fire or other emergency.

13. Official Records.

The fire code official shall keep official records as required by Sections 104.6.1 through 104.6.4. Such official records shall be retained for not less than five years or for as long as the structure or activity to which such records relate remains in existence, or in accordance with San Bernardino County Fire Protection District Operations Directive 1300 and the Special Districts Records Retention Schedule, whichever is greater.

14. Permits Required.

A permitis required to conduct any operation or business, or to install or modify systems or equipment regulated under Section 105 of the California Fire Code.

Application shall be made to the fire code official prior to obtaining permits. Permit fees shall be paid prior to the issuance of the permit.

15. Fees.
(a) Fees shall be required and paid pursuant to a fee schedule established by action of the Board of Directors for any permit, license, inspection, plan or technical review, related work or services required pursuant to this Code. Any fees charged shall not exceed the actual costs of providing said work or services. (b) Any person who conducts any activity, business, construction, work or use of equipment or to install or modify systems or equipment requiring a permit pursuant to Section 105 prior to obtaining said permits shall be subject to an additional fee, which shall be addition to the required permit.
— Extensions. (a) An application for a permit for any proposed work or operation and its associated fee shall be deemed to have been abandoned if:(i)the applicant fails to submit 47

Page 95 of 255 ends

__\ ©COCO\lO?O“l-l><.aOl\)
any required documentation within 180 days after the date application or plans have been returned by the District for correction; or (ii) the applicant fails to obtain a permit within 180 days after the date the District has approved the application and has sent such notification of approval to the applicant. The fire code official is authorized to grant one or more extensions for a period not to exceed 90 days to submit such documentation or corrections, or to obtain a permit from the District. All requests for extension shall be made, in writing, by the applicant priorto abandonment and shall providejustifiable cause to extend the application review period.
(b) Permits issued under the provisions of this Code shall remain in effect as follows:
(1) Operational permits shall remain in effect for a period of time as specified in the permit, not to exceed oneyear from issuance or until revoked. (2) Construction permits shall automatically expire and become invalid unless the work authorized by such permit is commenced within ‘I2months after its issuance, or ifthe work authorized by such permit is suspended or abandoned for a period of 12 months after the time the work is commenced. Suspension or abandonment shall mean that no inspection by the District has occurred within ‘I2months of any previous inspec?on.
(3) After a construction permit becomes invalid or expired and before such previously approved work recommences, a new permit shall be first obtained and the fee to recommence work shall be one half the amount required for a new permit for such work, provided no changes have been made or will be made in the original construction documents for such work, and provided further that such suspension or not exceeded one Permits which have been expired for one year submittal of plans and review. (4) Notwithstanding any other provision of law, construction permits that have expired and are renewed are subject to any new applicable codes as would be 48

Page 96 of 255 ends

4 .—X ©(O(IJ\lO)U‘I-D-(»Jl\J
§4 4I\J
_x(.13
._\ -B_$TI 4CD_\ \l _.xCD ._xCD i$ (D _\ l\) l\) N) 00IO [O-b- U1 l\J l\) O) l\) \l l\) ®
required for a new project.
(0) A permittee holding an unexpired construction permit shall have the right to apply for an extension of the time withinwhich the permittee will commence work under that permit when work is unable to be commenced within the time required by this section for good and satisfactory reasons. The fire code official is authorized to grant, in writing, one or more extensions of the time period of a permit for periods of not more than 180 days each. Such extensions shall be requested by the permittee in writing and justifiable cause shall be demonstrated.

17. Permits Not Transferable.
(a) For operational permits, any change in occupancy, operation, tenancy, or ownership shall require that a new permit be issued.
'(b) Pursuant to Business and Professions Code section 7031.5, only a contractor, licensed by the State of California to perform the type of work proposed in the permit application, may apply for and be issued a construction permit required pursuant to Section 105.6 et seq. of the San Bernardino County Fire Protection District Fire Code.

Any change of contractor named to conduct the permitted work shall require that a new permit be issued.

Excep?ons:

1. Owner—Buildersintending to occupy the single—familydwelling in which they obtain a permit to install a fire protection system ifthey have not constructed more than two such dwellings in the past year pursuant to Business and Professions Code Section 7062.12.

2. Public agencies and those public utilities exempted pursuant to Business and Professions Code section 7040 et seq.

The fire code official is authorized to revoke a permit issued pursuant to Section 105 of the San Bernardino County Fire Protection District Fire Code when it is found by inspection or otherwise that conditions including, but not limited to, any one of the 49

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4 ©©CO\lO301-b00l\)
following occurred:
(a) The permit is used for a location or establishment other than that for which itwas issued;
(b) The permit is used for a condition or activity other than that listed in the permit;
(c) Conditions and limitations set forth in the permit have been violated; (d) There have been any false statements or misrepresentations as to the material fact in the application for permit or plans submitted or a condition of the permit; (e) The permit is used by a different person or firm than the name for which it was issued;
(f) The permittee failed, refused or neglected to comply with orders or notices duly served in accordance with the provisions of this code withinvthetime provided therein; or
(g) The permit was issued in error or in violation of any state or federal law, local ordinance, regulation, this Code.

19. Operation or Construction Without a Permit or With an Expired or Revoked Permit.

Itshall be unlawful for any person to operate or allow the operation of any activity, business, construction, work or use of equipment or to install or modify systems or equipment requiring a permit pursuant to Section 105 of the San Bernardino County Fire Protection District Fire Code when said permits have not been obtained or said permits have expired or have been revoked.

20. Issuance of Stop Work Orders.
business, construction, work or use of equipment to immediately cease whenever it is found that such activity, business, construction, work or use of equipment is being performed in a manner in violation of this Code or in a dangerous or unsafe manner. (b) A stop work order shall be issued in writing and shall be given to the
50

Page 98 of 255 ends

.; AC)COCD\lO‘JU1-¥>(.iOl\)
_X.—X _\ l\J
_; (.0 _x-l>
_\U1_\O)_\ \l_\CD_\CO I\) O _xl\) I\) N) [U00 l\) -b l\) U‘! l\) O) l\J\l l\) (I)
permittee or his agent, or to the person conducting the activity, business, construction, work or use of equipment if no permit has been issued. The stop work order shall state the reason for the order and the conditions under which the stopped activity, business, construction, work or use of equipment may resume.
(C) A device, tag or seal preventing the use of equipment in violation of this Code or posing a hazard may be affixed to the equipment at the time a stop work order isissued.
(d) The fire code official may immediately abate or cause to be abated any overcrowding situation, or remove or cause to be removed any obstructions in aisles, passageways or other means of egress, including the cutting or removing of locks, chains or other means of sealing or blocking exits.
(e) Where an emergency or potential emergency exists, the fire code official shall not be required to give written notice prior to stopping the work, abating an overcrowding situation or removing an obstruction that would prevent immediate egress in the event of an emergency.
(f) Upon issuance of a stop work order, the non—compliant, dangerous or unsafe activity, business, construction, work or use of equipment, overcrowding situation, or egress obstruction shall immediately cease or be abated.

21. Failure to Comply with a Stop Work Order.

Itshall be unlawful for any person to continue any activity, business, construction, work or use of equipment after being issued a stop work order, except such work as that person is directed to perform by the fire code official to remove a violation or unsafe condition.

Service of Notices and Orders.
manner:(a) If a permittee or his agent, or the person conducting the activity, business, construction, work or use ofequipmentor other responsible party is present at the scene 51

Page 99 of 255 ends

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._X4 ._x |\3 ._x 03 ...x A
._x U1_.x O)
_\ \I
._x ® _x(O l\) (D _x|'\) [UIO (.0I0 I0-15-
l'\) 01 l\) O) l\) \I [0CD
of the violation, the notice or order shall be issued by personal service. (b) if the responsible party is a business, and the business owner is on the premises, the notice or ordershall be personally served to the business owner. If the business owner is not on the premises and the only responsible party that can be located is the manager or on—sitesupervisor, the notice or order may be issued in the name of the business and a copy given to the manager or on—sitesupervisor. A copy of the notice or order shall also be mailed to the business owner by certified mail, return receipt requested, and by first class mail. if a copy of the notice or order that is sent by certified mail is returned by the United States Postal Service unsigned or marked “unclaimed” and/or "refused,” then service by first class mail shall be deemed effective provided it is also not returned by the United States Postal Service.
(c) If a responsible party cannot be located at the premises or the activity, business, construction, work or use of equipment is located at an unattended or abandoned site, then a copy of the notice or order shall be posted in a conspicuous place on or nearthe site or equipment, if practicable, and a copy mailed by certified mail, return receipt requested, and by first class mail, to each responsible party at their last known addresses as they appear on the last County equalized assessment role, or any other available public records related to title or ownership of the property or equipment that is the subject of the notice or order. if the copy of the notice or order sent by certified mail to a responsible party is returned by the United States Postal Service with the mail receipt unsigned, or marked “unclaimed" and/or “refused,” then service by first class mail shall be deemed effective provided it is also not returned by the United States Postal Service. (d) The failure of any responsible party to receive a copy’ of the notice or order not validity of the or order.

23. It shall be unlawful to mutilate, destroy or tamper with or remove without authorization any notice, order, tag, sign, or seal posted or affixed by the fire code official. 24. Overcrowding Unlawful. 52

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.__\ ©(OC0\lO3U1-D-0OI\)
it shall be unlawful for any person to allow overcrowding or admittance of any person beyond the approved capacity of a building or portion thereof. The fire code official, upon finding any overcrowding conditions, shall authorize the event to be stopped and to cause the removal of excess occupants from the building until such condition is corrected.

25. Obstructed Egress Unlawful.

It shall be unlawful for any person to obstruct any aisle, passageway or other means of egress, or to lock, chain, bar or otherwise block any required means of egress.

The fire code official, upon finding any obstructions in aisles, passageways or other means of egress, shall be authorized to cause the removal of occupants from the building and the subsequent securing of the building from entry of any authorized person until such obstruction is corrected.

26. Open Fires and Other Outdoor Fires.
(a) General. It shall be unlawful for any person to kindle, or maintain an open fire, or for a person to allow an open fire to be kindled or maintained on their property, except in accordance with the provisions of this Code.
(b) Permit Required. When required by this section, a permit shall be obtained from the fire code official in accordance with Section 105.6 of this Code prior to kindling any open fire. Permits shall be issued to the owner of the land on which the fire is to be kindled or with written permission from the owner.
(c) Prohibited Open Fires and Outdoor Fires. it shall be unlawful to kindle, or maintain, or to allow to be kindled or maintained the following open fires within the jurisdiction of the San Bernardino County Fire Protection District:

Exception: The following activities conducted by a law enforcement fire hazards, or disposal of explosives or contraband. (1) Any open fire that is offensive or objectionable because of smoke emission, ember production, or when local atmospheric conditions or circumstances 53

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.4. (D(OCD\JO3U‘l-l>(J0l\J
make such fires hazardous.
(2) Any open or other outdoor fire in which any hazardous waste, biological or infectious wastes, construction debris, trash, coated or treated wood, plastic, rubber, or any other manufactured materials or combustible waste materials are burned. (3) Any open fire using a portable incinerator or “burn barrel" as prohibited pursuant to Title ‘I7of the California Code of Regulations, section 931 13(c)(2), metal drums, salvaged appliance parts, or similar devices not intended for use with an open fire.
(4) Open fires on a No Burn Day as declared by the Air Quality Management District (AQMD) in which the burning willoccur. (5) Open fires when a Red Flag Warning or Fire Weather Watch is in effect for the location in which the fire is to be kindled. (6) Open fires and outdoor fires on any property within a Wildfire Risk Area as defined in Section 202 of this Code.

Exceptions:
burning of Russian Thistle (A)
(tumbleweeds) in accordance with Rule 444 of the AQMD and when permitted by the fire (Agricultural burning or
code official
(B) Recreational fires, barbecues, and barbecue pits fueled solely by liquified petroleum gas or natural gas.
(C) Bonfires, barbecues, barbecue pits, and recreational fires within an organized camp or in non-residential areas with the approval of the fire code official.
spark arresting screen covering. (7) When local sustained winds exceed 10 miles per hour. (8) Within the boundaries of a State Responsibility Area, including private property, in violation of any requirements or burn restriction imposed by the 54

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California Department of Forestry & Fire Protection (Cal Fire). (9) Within the boundaries of the San Bernardino National Forest, including private property, in violation of any requirement or burn restriction imposed by the U.S. Forest Service.
(10)
land, including private property, in violation of any requirement or burn restriction imposed by BLM.

Within the boundaries of the Bureau of Land Management (BLM) When the fire code official has determined that local atmospheric or (11) other conditions present an increased risk of an escaping fire or other hazardous situation.
(d) Extinguishment Authority. The fire code official is authorized to orderor cause the extinguishment of any fire that creates or adds to a hazardous condition, creates smoke emissions offensive to occupants of surrounding properties, is conducted without a permit when such a permit is required, or is conducted in violation of such permit or in violation of this Code.
(e) Specific open fire requirements. Open fires as defined in this Code shall meet the following requirements.
(1) Agricultural burning, residential burning, and open burning of Russian Thistle (tumbleweeds).
(A) Prior to applying for a permit to conduct the open fire, any written authorization or permit required by Rule 444 of the AirQuality Management District (AQMD) for the area in which the burning will occur must be provided to the fire code official.
(B) A permit shall be obtained from the fire code official prior to (C) Burning shall only be commenced and shall be completed within the periods specified in Rule 444 of the AQMD in which the burn willoccur. (D) Fires shall be located according to the following: 55

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1. Not less than 50 feet from any structure or combustible materials.

2. At the property for which the permit is issued.
(E) Burn Piles shall be in accordance with the following:

1. Piles shall not exceed 4 feet in widthor4 feet in height.

2. Piles shall be separated by a minimum of 10 feet.

3. Piles shall not be placed in a pit or depression.
(2) Bonfires.
(A) A permit for a bonfire shall be obtained from the fire code official prior to kindling the fire.
(B)
from any structure or combustible materials.

A bonfire shall not be kindled or maintained less than 50 feet (3) Recreational fires.
(A) Recreational fires shall be maintained a minimum of 25 feet from a structure or combustible materials.

Exception: Recreational fires fueled solely by liquefied petroleum gas or natural gas.
(4) Portable outdoor fireplaces.
(A) Portable outdoor fireplaces shall not be kindled or maintained within 15 feet of a structure or combustible materials. (B)
shall have an approved, listed spark arresting screen covering. (C)
Portable outdoor fireplaces used within a Wildfire Risk Area Portable outdoor fireplaces shall not be used on any
which is part of a multi—familydwelling such as
or by an automatic fire sprinkler system. (5) Barbecues and Barbecue Pits. (A) Barbecues shall not be operated on combustible decks or 56

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.4 ©(OCX)\.|O50'I-l>-(»Jl\)
balconies of a multi—familydwelling such as apartments, townhomes, or condominiums unless buildings and overhangs are protected by an automatic fire sprinkler system.

Exception: Liquefied petroleum gas fueled cooking devices when fuel containers have a water capacity not greater than 2 ‘/2pounds (B) Barbecue pits shall not be kindled or maintained within 25 feet of a structure or combustible materials.
(f) Attendance. All open fires shall be constantly attended by a responsible adult, 18 years of age or older, until the fire is completely extinguished. A minimum of one portable fire extinguisher complying with Section 906 with a minimum 4—Arating or other approved on—sitefire—extinguishingequipment such as dirt or sand with a shovel, water barrel, hose attached to a working water source, or water truck, shall be available for immediate utilization.
(g) Hot ash and ember disposal. Hot ashes and embers from any open fire, barbecue or fireplace shall be placed only in a covered metal or other non—combustible receptacle after being thoroughly cooled with water. At no time shall ashes or embers be deposited in the trash or on the ground, or placed on a combustible surface until it is confirmed that the ashes or embers are no longer hot to the touch. Receptacles containing hot ashes and ember shall have a minimum required separation distance of feet (610 mm) to buildings or other combustible materials.

27. Explosives, Fireworks, Pyrotechnics, Rockets and Rocket Motors. (a) It shall be unlawful for any person to manufacture, store, possess, handle, sell, use, launch or create a public display of any Explosive, Firework, Pyrotechnic, Rocket or Rocket Motors except in accordance with this Code. (b) The storage of explosives and blasting agents is prohibited in residential areas, except pursuant to California Fire Code Chapter 56 and as permitted by the San Bernardino County Sheriff’s Department under Title 4, Division 5 of the San Bernardino County Code. 57

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% ©©CX)\lO3O‘I-I>-(aJI\)
(c) Unless otherwise permitted, the possession, storage, use, sale‘ and handling of any fireworks is prohibited within the San Bernardino County Fire Protection District.

Exception: The possession, storage, sale, handling and use of fireworks complying with California Code of Regulations, Title 19, and labeled “Safe and Sane” by the California State Fire Marshal, as permitted by local ordinances or Municipal Codes within incorporated cities or towns.
(d) The fire code official and his designees are authorized to seize, take, remove or cause to be removed, at the expense of the owner, all stocks of fireworks, including but not limited to, Division 1.4G consumer fireworks, as classified pursuant to Title 49 Code of Federal Regulations, possessed, offered or exposed for sale, stored or held in violation of any state or local laws and ordinances. (e) The use of model and high—powerrockets is prohibited within Wildfire Risk Areas as defined in San Bernardino County Fire Protection District Fire Code Section 202 (as amended) except as permitted by the San Bernardino County Fire Protection District. (f) Permits shall be required as set forth in San Bernardino County Fire Protection District Fire Code section 105.6.15 (as amended) and regulated in accordance with this section. Permits shall be obtained from the San Bernardino County Fire Protection District and the San Bernardino County Sheriff's Department in accordance with Title 4, Division 5, Chapter 2, Section 45.021 of the San Bernardino County Code to:

1. Manufacture, possess, store, sell, display or othenNise dispose of explosive materials at any location;

2. Transport explosive materials;
materials;
5 Transport blasting caps or electric blasting caps on the same vehicle with explosives. (g) Whenever a new explosive material storage or manufacturing site is 58

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established, including a temporary job site, the local law enforcement agency, fire department, and local emergency planning committee shall be notified by the person establishing the site 48 hours in advance, not including Saturdays, Sundays and holidays, of the type, quantity and location of explosive materials at the site. (h) The fire code official is authorized to cause to be removed or disposed of by trained explosives personnel, at the expense of the owner, explosives or explosive materials offered or exposed for sale, stored, possessed or used in violation of this chapter.
(i) Prior to conducting a public fireworks display, a permitshall be applied for as specified in Section 105.5.42 from the San Bernardino County Fire Protection District, permit fees shall be paid, and plans for the display, inspections of the display site and demonstrations of the display operations shall be approved. A plan establishing proceduresto follow and actions to be taken in the event that materials fail to ignite, discharge, or otherwise fail to function over the fallout area shall be provided to the fire code official.

28. Prohibited Storage of Flammable and Combustible Liquids.

The storage of flammable and combustible liquids in outside above—ground unprotected tanks and below—grade vaulted tanks is prohibited in all commercial occupancy areas, developed residential areas, and other areas where the fire code official determines that the installation of flammable and combustible liquid above—ground storage tanks or below—gradevaulted tanks willcreate a hazard to occupants and property owners in the area. Deviation from these requirements may be allowed only upon specific documented findings by the fire code official.

Storage Petroleum Gases.

The of petroleum gases shall not exceed 2,000 water gallons in residential areas. In non- residential areas, when, in the opinion of the fire code official, the location of bulk storage of liquefied petroleum gases would create a threat to the occupants and property owners, 59

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the aggregate storage capacity of liquefied petroleum gas shall also be limited to 2,000 water gallons. The fire code official shall be guided by the appropriate City or County Development Code when permitting the storage of liquefied petroleum gas in excess of 2,000water gallons at any one installation.

30. Prohibited Storage of Flammable Cryogenic Fluids.

Pursuant to Section 5806.2 of the San Bernardino County Fire Protection District Fire Code, flammable cryogenic fluids shall not be stored, dispensed or used unless a written plan, submitted by a Fire Prevention Engineer, licensed by the State of California, detailing engineering controls for preventing fires and explosions is approved by the fire code official.

31. Transport Vehicles and Trailers Storing Hazardous Materials. (a) Compliance. Any transport vehicle with a trailer, such as a tank, vessel, or other container, attached and used forthe purposes ofstoring and transporting hazardous materials or hazardous waste as defined by this Code, upon being at a facility or property for more than 30 days, or when such trailer has been detached from its mode of transportation, or when the driver of such a vehicle is not carrying active shipping papers as regulated by the California Department of Transportation (DOT) en route to another destination, shall comply with the provisions of this section. (b) General. Transport vehicles and trailers that contain less than or equal to the maximum allowable quantities as set forth in Section 5003 of the San Bernardino County Fire Protection District Fire Code for each specific material shall comply with the requirements of Chapter 50 of the San Bernardino County Fire Protection District Fire Code, as well as any other applicable regulations as part of a facility. Transport vehicles more than the maximum allowable quantities as set forth in of the San Bernardino County Fire Protection District Fire Code of this Code, as well as any other applicable regulations relevant to a facility. The use, dispensing and handling of any hazardous materials from transport vehicle trailers shall be prohibited unless 60

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4. (DG)CD\lO‘)U'|-l>(.a0l\.)
approved in writing by the fire code official.
(c) Submittals. Transport vehicles and associated trailers shall comply with the requirements of Section 5001 .5.1 for Hazardous Materials Management Plan (HMMP) and Section 5001.52 for Hazardous Materials Inventory Statement (HMIS) as part of a regulated facility. These documents shall be submitted to the Office of the Fire Marshal of the San Bernardino County Fire Protection District.
(d) Prohibited Areas. Transport vehicles or detached trailers storing hazardousmaterials shall not be left stationary at any time within 500 feet (152 m) of a residential area, apartment or hotel complex, educational facility, hospital or care facility.

Transport vehicles and trailers shall not be left unattended at any other place that would, in the opinion of the fire code official, pose an extreme life safety hazard.

32. Shared Emergency and Fire Apparatus Access Roads.

Emergency and fire apparatus access roads passing through multiple parcels shall comply with the following requirements:
(a) Each owner of real property through which a shared emergency access road passes shall record an easement, running with the land, with the deed of each affected property allowing reciprocal access to and from other properties and for emergency access.
(b) Each owner of property upon which the easement shall pass shall provide a notarized covenant agreeing to provide an emergency access road through each property and to maintain that access road in accordance with the statutes, regulations and standards applicable at the time the easement was recorded forfull term of ownership of the property.
(c) Each owner of property through which the easement shall pass shall Protection District, its successors and the County of San Bernardino of any liability for any inability to provide fire suppression or emergency medical aid due to lack of access and shall further stipulate that the San Bernardino County Fire Protection District, its 61

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@ ©©CI3\!O7U'I-b(.0l\)
successors and the County of San Bernardino shall not be party to any criminal, civilor administrative action relating to the maintenance of the easement unless the action’is brought forth by the District, its successors, or the County.

33. Violations — General.

Itshall be unlawful for any person, firm, partnership, or corporation to violate any provision or fail to comply with any requirement of this Code or of the provisions of any code adopted and incorporated by reference by this Code.

34. Continuing Violations.

Each and every day, and any portion of which, any violation of this Code or of the provisions of any code adopted and incorporated by reference by this Code is committed, continued, or permitted shall be deemed a new and separate offense and shall be punishable or actionable as set forth in this Code.

35. Acts including Causing, Aiding and Abetting.

Whenever in this Code any act or omission is made unlawful, it shall include causing, permitting, aiding or abetting such act or omission.

36. Enforcement — Purpose and Remedies.

The Board of Directors of the San Bernardino County Fire Protection District has determined that the enforcement of the Ordinances of the San Bernardino County Fire Protection District (also known as the San Bernardino County Fire Protection District Code) throughout the County is an important public service and is vital to the protection of the public’s health, safety, and quality of life. The Board of Directors has determined a need for alternative methods of code enforcement and that a comprehensive system is necessary. At the discretion of the District, violations of this Code may be addressed action, a civil action, or an administrative action

37. Enforcement Remedies and Penalties are Cumulative and Discretionary; Not Exclusive. All remedies and penalties provided for in this Code shall be cumulative and 62

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discretionary and not exclusive of other applicable provisions of this Code or other applicable State law. The conviction and punishment (whether by fine, imprisonment, or both) of any person hereunder pursuant to a criminal action, or the imposition of a monetary administrative penalty pursuant to an administrative citation, shall not relieve such person from the responsibility of correcting, removing, or abating the violation; nor prevent the enforced correction, removal, or abatement thereof by the District, its employees, agents, or representatives. The correction, removal, or abatement of a violation begun after the issuance of a criminal citation or the filing of a criminal complaint shall not be a defense to the infraction or misdemeanor so charged and, following a conviction or plea of nolo contendere, shall not be grounds for the dismissal of the action or the waiver, stay, or reduction of any fine established in this Code. Further, the procedures established in this Code for the use of administrative citations, and the procedures established in other titles and chapters of this Code for administrative abatement and summary abatement as means for addressing violations ofthis Code shall be in addition to criminal and civil or other legal or equitable remedies established by law which may be pursued to address violations of this Code. The use of this chapter shall be at the sole discretion of the District. in the exercise of such discretion in selecting an appropriate code enforcement remedy, the District shall not be required to institute available code enforcement remedies in any particular order, or to prefer the application of one remedy to another.

38. Criminal Actions.
(a) Criminal penalties for violations. Any person violating this Code or of the provisions of any code adopted and incorporated by reference by this Code, unless as specified for certain sections or for sections within a certain chapter, shall be (1) Misdemeanor violations. Upon conviction of a misdemeanor, or upon a plea of nolo contendere (commonly called “no contest”), the penalty shall be a base fine of not less than $500.00 and not more than $1,000.00, or by imprisonment in 63

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the County jail for a period of not more than six months, or by both such base fine and imprisonment. Any court costs that the court may otherwise be required to impose pursuant to applicable state law or local ordinance shall be imposed in addition to the base fine.
(2) Infraction violations. Notwithstanding the foregoing, a misdemeanor violation may be cited, charged, and prosecuted as an infraction. Where so prosecuted, or where specified in a section or chapter of this Code that the violation of a certain section or sections shall be an infraction, then that shall be the type of offense and each such violation shall be punishable, except as othenNise provided herein, upon conviction or upon a plea of nolo contendere (commonly called “no contest"), by: (1) a base fine not exceeding $100.00 for a first violation; (2) a base fine not exceeding $500.00 for a second violation of the same Code section within one year; and (3) a base fine not exceeding $1 ,000.00 for each additional violation ofthe same Code section within one year of the first violation. Any court costs that the court may othenNise be required to impose pursuant to applicable state law or local ordinance shall be imposed in addition to the base fine (Government Code section 25132).
(b) Criminal citations.
(1) if any person is arrested by a District Investigator or any other peace officer or Enforcement Officer authorized to enforce this Code for a violationof any provision of this Code, whether punishable as misdemeanor or as an infraction, and such person is not immediately taken before a magistrate, when authorized by and as more fully set forth in the Penal Code of California, the arresting officer shall prepare in duplicate a written notice to appear in Court, containing the name and address of such person, the and where and when such person shall appear in
(2) The place specified in the notice to appear shall be the Court of a magistrate before whom the person would be taken if the requirement of taking an arrested person before a magistrate we-re complied with, or shall be an officer authorized 64

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.A C)CO(D\lO)0‘l-D-(»Jl\)
by such Court to receive a deposit of bail.
(3)
' The officer shall deliver one copy of the notice to appear to the arrested person, and the arrested person, in order to secure release, must give his or her written promise so to appear in court by signing the duplicate notice which shall be retained by the officer. Thereupon the arresting officer shall forthwith release the person arrested from custody.
(4) The officer shall, as soon as practicable, file the duplicate notice with the magistrate specified therein. Thereupon, the magistrate shall fix the amount of bail which in his or her judgment, in accordance with the provisions of Penal Code section 1275, will be reasonable and sufficient for the appearance of the defendant and shall endorse upon the notice a statement signed by him or her in the form set forth in Penal Code section 8‘l5a. The defendant may, prior to the date upon which he or she promised to appear in Court, deposit with the magistrate the amount of bail thus set. Thereafter, at the time when the case is called for arraignment before the magistrate, ifthe defendant shall not appear, either in person or by counsel, the magistrate may declare the bail forfeited, and may in his or her discretion order that no further proceeding shall be had in such case.
(5) Upon the making of such order that no further proceedings be had, all sums deposited as bail shall forthwith be paid into the County Treasury for distribution pursuant to Penal Code section 1463.
(6) No warrant shall issue on such charge for the arrest of a person who has given such promise to appear in Court, unless and until he or she has violated such promise or has failed to deposit bail, to appear for arraignment, trial or judgment, or to as required by law.

When a place specified in the written promise to appear, and has not posted bail as provided in Penal Code section 853.6, the magistrate shall issue and have delivered for execution a warrant for his or her arrest within 20 days after his failure to appear as promised; or if 65

Page 113 of 255 ends

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such person promises to appear before an officer authorized to accept bail, other than the magistrate, and fails to do so on or before the date on which he or she promised to appear, then, within 20 days after the delivery of such written promise to appear by the officer to the magistrate having jurisdiction over the offense. (8) Nothing herein contained shall be deemed or construed to require any arresting officer to issue a citation instead of taking the person arrested before a magistrate as otherwise provided by law.

39. Authority to Investigate, Detain, Issue Criminal Citations and Arrest. (a) District Investigators designated by the Fire Chief/Fire Warden are peace officers pursuant to California Penal Code section 830.37(a):
(1) District Investigators shall have full peace officer powers pursuant to that Section and shall investigate the cause, origin and circumstances of any fire, explosion or other hazardous condition.
(2) District Investigators are authorized to wear and carry authorized firearms, conduct investigative detentions, issue criminal citations and to make arrests pursuant to California Penal Code section 836 for any violation of state law, or violations of this Code or any other referenced code or regulation and to obtain and execute warrants, and to seize and take charge of all physical evidence relating to the fire cause or other crime or circumstance being investigated.

40. Civil Actions.
(a) lnjunctive relief and abatement. At the request of any person authorized to enforce this Code, the County Counsel or District Attorney may commence proceedings forthe abatement, removal, correction and enjoinment of any act or omission or of the provisions of any
and Code, or any condition(s) of approval for such permit granted pursuant thereto, and an order requiring the violator(s) to pay civil penalties and/or abatement costs. Where multiple violators are involved, they shall be jointly and severally liable for the civil 66

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penalties and/or abatement costs.
(b) Civil Remedies and Penalties. Any person, whether acting as principal, agent, employee, owner, lessor, lessee, tenant, occupant, operator, contractor, or othen/vise, who violates any provision of this Code, or any permit issued pursuant to this Code or any condition(s) of approval for such permit granted pursuant thereto, shall be liable for a civil penalty not to exceed one thousand dollars ($1,000.00) per violation for each day or any portion thereof, that the violation continues to exist. In determining the amount of civil penalty to be imposed, both as to the daily rate and the subsequent total amount for any given violation, the court shall consider all relevant circumstances, including, but not limited to, the extent of the harm caused by the conduct constituting the violation; the nature and persistence of such conduct; the length of time over which the conduct occurred or was repeated; the assets, liabilities, and net worth of the violator; whether the violator is a corporate entity or an individual; and any corrective action taken by the violator.
(c) Attorney’s fees. In any civil action, administrative proceeding (excluding administrative citations issued pursuant to Sections 41, 42, 43 or 44), or special proceeding to abate a public nuisance, whether by seeking injunctive relief and/or an abatement order, or other order, attorney's fees may be recovered by the prevailing party and shall not exceed the amount of reasonable attorneys fees incurred by the District in that action or proceeding.

41. Administrative Citations and Penalties - General.
(a) Any violation of this Code or of the provisions of any code adopted and incorporated by reference by this Code is subject to enforcement through the issuance of and accordance with Government Code section
Code not occurring in the presence of the District Investigator or Enforcement Officer issuing the citation where the issuing officer determines through investigation that the responsible party committed, caused, allowed, or is othenNise responsible for the 67

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._\ % _x(D l\) C _xl\) l\) l\) (.0 «[5 l\) l\>01 l\) O) |\)\l l\>oo violation. The following procedures shall govern the imposition, enforcement, collection, administrative review, and judicial review of administrative citations and penalties. (b) Definitions. For the purposes of this Code, certain words are defined as follows:
(1) “Abatement costs” shall mean any and all costs or expenses reasonably related to the abatement or removal of conditions which violate any provision of this Code or the correction of such violation, and shall include, but not be limited to, enforcement, investigation, collection, administrative costs, and attorney’s fees. (2) “Administrative costs” shall mean all costs incurred by or on behalf of the District from the first discovery of the violation of this Code through the appeal process and until compliance is achieved, including but not limited to, staff time in investigating the violation, inspecting the property where the violation occurred, preparing investigation reports, sending notices, preparing for and attending any appeal hearing, telephone contacts, and correspondence.
(3) “Administrative citation” shall mean a citation issued pursuant to this Code, stating that one or more violations of this Code has occurred and stating the amount of the administrative penalty to be paid by the responsible party. (4) “Ordinances of the San Bernardino County Fire Protection District," and "San Bernardino County Fire Code,” and “this Code” shall mean the Ordinances of the San Bernardino County Fire District, including all pertinent provisions of state codes as from time to time adopted and incorporated therein, enacted by the Board of Directors ofthe San Bernardino County Fire Protection District, acting pursuant to authority granted under California Health and Safety Code sections 13861, 13869, and 13869.7; or other A
(5) shall mean the County of San Bernardino, a politicalsubdivision ofthe State of California, as enacted by the State Legislature by the Statutes of California passed at the Fourth Session of the Legislature, Chapter LXXVlll,April 26, 1853.68

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.4 ©CO®\lO‘J(.J‘l-P-OOl\)
(6) “District” shall mean the San Bernardino County Fire Protection District.
(7) “Enforcement Officer” shall mean any San Bernardino County Fire Protection District employee, or agent of the County or District with the authority to enforce any provision of this Code.
(8) “Person" shall mean, without limitation, any government entity, natural person, firm, association, club, organization, corporation, partnership, business, business trust, company or other entity, which is recognized by law as the subject of rights or duties.
(9) “Responsible party,” for the purpose of this Code, shall mean:
'
(A) Each person, other than a minor, who commits or causes a violation of any provision of this Code to occur, exist or continue; (B) Each person who is the parent or legal guardian of the minor person who commits or causes a violation of any provision ofthis Code to occur, exist, or con?nue;
(C) Each person who has a legal or equitable ownership interest in any parcel of real property located within the unincorporated area of the County of San Bernardino, within any political subdivision or district that contracts with the San Bernardino County Fire Protection District for fire protection and prevention services, or within those other cities and towns that ratify this ordinance, and who commits, causes, or othen/vise allows the violation of any provision of this Code to occur, exist, or continue on such parcel; and
(D)
and control over any parcel of real
Each person who, although not an owner, nevertheless has a property any political subdivision or district that contracts with the San Bernardino County Fire Protection District for fire protection and prevention services, or within those other cities and towns that ratify this ordinance, and who commits, causes, or othen/vise allows the 69

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Q ©COCD\lO)O‘l-I>-(4-Jl\)
violation of any provision of this Code to occur, exist, or continue on such parcel; and (E)
owner of that business entity in those cases in which the commission, occurrence, Inaddition to the business entity itself, each person who is an existence, or continuation ofthe violation of any provision ofthis Code is most reasonably attributable to that business entity and not to an employee of that business entity. (c) Content of Citation. The administrative citation shall be issued on a form approved by the San Bernardino County Fire Protection District in consultation with County Counsel. The administrative citation form may be tailored to the specific needs of the San Bernardino County Fire Protection District; however, all administrative citations shall contain the following information:
(1) The name and mailing address of the responsible party. (2) The administrative citation shall refer to the date(s) and location of the violation and the approximate time(s), if applicable, that the violation was observed. (3) The administrative citation shall identify each violation by the applicable section number of this Code and by either the section’s title or a brief descriptive caption; or by reference to the applicable permit describing the condition violated.
(4) The administrative citation shall describe the action(s) required to correct the violations.
(5) The administrative citation shall require the responsible party to immediately correct the violation where appropriate or otherwise indicate a compliance deadline date and shall explain the consequences of failure to correct the violation. (6) The administrative citation shall state the amount of the penalty on the same citation form. In
the event of multiple the each violation and the total amount of all of the penalties. (7) The administrative citation shall contain a notation box for the enforcement officer to indicate whether or not the citation is issued as a “warning only" 70

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and without penalty. The administrative citation shall also include a notation box that may be used by the enforcement officer to indicate that the penalty will be waived if the violation is corrected by the compliance deadline date indicated on the citation form. (8) The administrative citation shall explain how the penalty shall be paid and the time period by which itshall be paid, and the consequences of failure to pay the penalty within this time period.
(9) The administrative citation shall identify all appeal rights and include instructions on how to appeal the citation.
(10) The administrative citation shall contain the printed name and the signature of the enforcement officer issuing the citation and, where reasonably possible to obtain it, the signature of the responsible party (or managing employee if the responsible party is a business entity), if he or she can be located, as set forth in subsection (d) below.
(d) Service of Citation.
(1) If the responsible party is present at the scene of the violation, the enforcement officer shall attempt to obtain his/her signature on the administrative citation and shall deliver a copy of the administrative citation to him/her. (2) Ifthe responsible party is a business, and the business owner is on the premises, the enforcement officer shall attempt to deliver the administrative citation to the business owner. Ifthe enforcement officer is unable to serve the business owner on the premises and the enforcement officer can only locate the manager or on—site supervisor, the administrative citation may be issued in the name of the business and a copy given to the manager or on—sitesupervisor. A copy of the administrative citation shall owner by certified mail, return receipt requested, and by a returned by the United States Postal Service unsigned or marked “unclaimed” and/or “refused”, then service by first class mail shall be deemed effective provided it is also not returned by the United States Postal Service. 71

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(3) If a responsible party cannot be located at the property, then a copy of the administrative citation shall be posted in a conspicuous place on or near that property, if practicable, and a copy mailed by certified mail, return receipt requested, and by first class mail, to all responsible parties at their last known addresses as they appear on the last County equalized assessment role, or any other available public records related to title or ownership ofthe property that is the subject of the administrative citation. if the copy of the administrative citation sent by certified mail to a responsible party is returnedhbythe United States Postal Service with the mail receipt unsigned, or marked “unclaimed” and/or “refused”, then service by first class mail shall be deemed effective provided it is also not returned by the United States Postal Service. (4) The failure of any responsible party to receive a copy of the administrative citation shall not affect the validity of the proceedings. (e) Administrative Penalties
(1) General. Pursuantto California Government Code sections 53069.4 and 25132(c) and unless othenNise provided in this Code, the amount of penalty to be imposed for a violation of this Code and assessed by means of an administrative citation shall be one hundred dollars ($100.00) forthe first occurrence of a violation; five hundred dollars ($500.00) for the second occurrence of the same violation; and one thousand dollars ($1,000.00) for the third and each subsequent occurrence of the same violation.

Notwithstanding this paragraph, the amount of penalty to be assessed by means of an administrative citation may be established by resolution of the Board of Directors of the San Bernardino County Fire Protection District.
(2) Multiple Violations. Notwithstanding the tables of administrative and Negligent Alarms those violations defined as violations of this Code or any provision of a code or standards adopted or incorporated by reference by this Code occur concurrently and are addressed through the Administrative Citation process pursuant to this section, the fire code official may, at his 72

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or her discretion, assess administrative penalties in the following manner:
(A) The administrative penalty for the first and second violation occurring concurrently shall be the full penalty as defined by Section 41 (e)(1). (B) The administrative penalties for the third and subsequent violations occurring concurrently may be reduced to twenty—five($25.00) dollars per violation.
(C) This alternative penalty system shall only apply to the first occurrence within a one—yearperiod.
(3) Additional Citations. lfthe violation is not corrected within the time limits established in this section, then additional administrative citations may be issued for the same violation. The amount of the penalty shall increase at the rate specified above.
(A) Payment of the penalty shall not excuse the failure to correct the violation nor shall it barfurther enforcement action by the San Bernardino County Fire Protection District or any other enforcement agency authorized to issue administrative citations.
(B) The penalties assessed shall be payable to the District (or to the Districts designated collection/processing agent), or to any enforcement agency authorized to issue administrative citations (or to such agency’s designated collection/processing agent) within 30 calendar days from the date the administrative c?a?onisissued.
(C) Except as provided below, any person who fails to pay to the District (or the District’s designated collection/processing agent), or to any enforcement collection/processing agent) any penalty to the on or before the date that the penalty is due shall also be liable for the payment of any applicable late payment charges as established by the Board of Directors. (D) The District may collect any past due administrative citation 73

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penalty or late payment charge by use of any available means, including without limitation, the recording of a notice of lien, describing the real property affected and the amount of the costs"and administrative citation penalties claimed by the District with the Office ofthe County Recorder. The District may transmit notice ofthe award of abatement costs and administrative citation penalties, or notice of the judgment thereon arising from a collection or other legal action, to the Treasurer/Tax Collector who shall place the amount thereof on the assessment role as a special assessment to be paid with County taxes, unless soonerpaid. The District may also recover its collection costs. A judgment or award of such costs, penalties or damages may also be enforced in any other manner provided by law.
(E) The District may also recover its administrative costs incurred in defending the citation at the appeal hearing.
(F) All administrative citation penalties collected pursuant to these provisions shall be deposited into specific funds maintained by or on behalf of the District exclusively for the purpose of funding the enforcement of this Code.

42. Administrative Citations and Penalties — Dangerous Fireworks, and Unlawful Use of Safe & Sane Fireworks.
(a) This section governs, and applies only to, the imposition and enforcement of administrative penalties related to the storage, possession, handling, sale, use, transportation, or public display of those fireworks classified as “Dangerous Fireworks,” and the unlawful use of Safe and Sane Fireworks.
(b) For the purposes of this Section, the term “Dangerous Fireworks” shall be defined pursuant to California Health and Safety Code section 12500, et seq. and shall section which have been modified to act in the same manner as Dangerous Fireworks. 74

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(c) The penalties enu me rated in this section shall not apply to Law Enforcement or District personnel acting within the scope of their official duties or to a pyrotechnic licensee when operating pursuant to that license. (d) The imposition of administrative penalties related to “Dangerous Fireworks” under this section shall be limited to persons who store, possess, handle, sell, use, transport, or publicly display 25 pounds or less (gross weight including packaging) of such Dangerous Fireworks. Any persons who store, possess, handle, sell, use, transport, or publicly display over 25 pounds (gross weight including packaging) of such Dangerous Fireworks may be subject to criminal action.
(e) Administrative penalties collected pursuant to this section related to “Dangerous Fireworks” shall not be subject to California Health and Safety Code section 12706, which section provides that certain fines collected by a court of the state be deposited with, and disbursed by, the County Treasurer. However, the District shall provide cost reimbursement to the State Fire Marshal pursuant to regulations to be adopted by the State Fire Marshal addressing the State Fire Marshal’s cost for the transportation and disposal of “Dangerous Fireworks” seized by the District, which costs willbe part of any administrative penalty imposed. Unless and until said regulations have been adopted by the state of California, the District shall hold in trust two hundred fifty dollars ($250) of any penalty collected to cover the cost reimbursement to the State Fire Marshal for said cost of transportation and disposal of the “Dangerous Fireworks.” (f) Notwithstanding the penalties defined in this Section, administrative citations issued pursuant to this section shall comply with all the requirements of Section 41 of this Code.
who violates any provision of this Code relating to the storage, _ shall be subject to the imposition and payment of an increased administrative penalty as provided, below: Administrative Penalties for Dangerous Fireworks 75

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Number of Amount of Total Amount Of
Occurrences Administrative Late Penalty
in a 1-Year Period Penalty Charge Plus Late Charge
First $1,250.00 $125.00 $1,375.00
Second $2,250.00 $225.00 $2,475.00
Three or More $3,250.00 $325.00 $3,575.00
(h) Each person who violates any provision of this Code relating to the unlawful storage, possession, handling, sale, use, transportation, or public display of unmodified Safe and Sane fireworks shall be subject to the imposition and payment of an increased administrative penalty as provided in the table below:

Administrative Penalties for Safe and Sane Fireworks
Number of Amount of Total Amount of
Occurrences Administrative Late Penalty
in a 1-Year Period Penalty Charge Plus Late Charge
First $150.00 $15.00 $165.00
Second $250.00 $25.00 $275.00
Three or More $350.00 $35.00 $385.00
(i) The issuance of an administrative citation pursuant to this section shall not preclude the fire code official or any other person authorized to issue an administrative citation pursuant to this section from seizing any Dangerous Fireworks or unlawfully used Safe and Sane fireworks pursuant to this Code and California Health and Safety Code section 12721.

43. Administrative Penalties — Egregious Violations.
(a) Any person who violates Section 20 relating to Stop Work Orders, Section 23 relating to tampering with notices, Section 24 relating to overcrowding, Section 25 relating to explosives and pyrotechnics or any other violation of this Code or of the provisions of any code adopted or incorporated by reference by this Code that_is reasonably determined by the fire code official to present an immediate or potentially 76

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immediate threat to public safety, shall be subject to the imposition and payment of an increased administrative penalty as provided in the table below:

Administrative Penalties for Egregious Violations
Number of Amount of Total Amount of
Occurrences Administrative Late Penalty
in a 1-Year Period Penalty Charge Plus Late Charge
First $250.00 $25.00 $275.00
Second $750.00 $75.00 $825.00
Three or More $1,250.00 $125.00 $1,375.00
(b) For the purposes of this section, each instance of a violation may be considered a separate violation subject to a separate penalty. However, multiple violations cited during a single occurrence or inspection shall not each be considered a separate occurrence incurring a higher penalty amount. EXAMPLE: During a first inspection, two required exit doors are found to be chained and the dance hall is overcrowded. An administrative citation may be issued for three (3) counts of egregious violations at $250.00 each, rather than three (3) counts each at $250.00, $750.00, and $1,250.00 respectively.

44. Administrative Remedies and Penalties For Nuisance Fire Alarms. (a) Any person identified in this section who causes or allows to be caused a nuisance fire alarm shall be subject to the remedies identified in this Section. For purposes of this section, a “nuisance fire alarm” is any fire alarm signal that has resulted in an emergency response where there is no evidence of an actual emergency. (b) An administrative penalty may be imposed against the owner of a premises on or in which a nuisance fire alarm has originated,on each occurrence after the third (0) An administrative penalty may be imposed against the owner of a premises ifthe owner fails to return proof of service/repair of the equipment within fifteen (15) days after receiving written notice from the fire code official ordering the correction of a nuisance fire alarm. 77

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(d) Ifthe fire code official determines that the nuisance fire alarm was directly caused by an onsite employee or representative of the fire alarm contractor during the course of testing, maintenance or repair, the nuisance fire alarm shall be counted against the owner of the premises.
(e) In lieu of or in addition to the administrative penalties listed above,the fire code official is authorized to order the owner of a premises to:
(A) Silence an activated fire alarm system, have corrective action taken and thereafter reset it.
(B) Disconnect or deactivate the fire alarm system until corrective actions can be taken.
(C) Institutea fire watch pursuant to Section 901.7 of this Code in the event a fire alarm system is disconnected or deactivated, until corrective action is taken.

The owner is responsible for paying all costs associated with establishing a fire watch. (f) Notwithstanding the provisions of Section 41 no administrative citation shall be imposed for the first three (3) nuisance fire alarms at the same premises during each calendar year.
(g) _ An occurrence of a nuisance fire alarm shall not result in the imposition of an administrative penalty ifthe nuisance fire alarm was caused by the malicious causes beyond the control of the owner unless the fire code official has given prior written notice to the owner to provide reasonable safeguards against additional nuisance fire alarms and the owner has failed to comply with that notice.
(h) Administrative Penalties. Any person who violates any provision of this section shall be subject to the imposition and payment of an administrative penalty as Administrative Penalties for False or Nuisance Fire Alarms Number of Amount of Total Amount of Occurrences Administrative Late Penalty in a 1-Year Period Penalty Charge Plus Late Charge Fourto Five‘ I $100.00 $10.00 F l
$110.00 78

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Eight or More $500.00 $50.00 $550.00

1. This penalty shall also apply to any occurrence of Sections 38(a)(1)(B), 38(a)(1)(c), and 38(a)(2)(B). 79

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45. Appeal of Administrative Citations.
(a) Notice of Appeal. Any person in whose name an administrative citation has been issued may appeal the administrative citation by filing a written notice of appeal with the District. Ifthe District has designated a processing agent, then the responsible party shall file his/her written notice of appeal with the designated processing agent. The written notice of appeal must be filed within 20 calendar days of the date the administrative citation was served in a manner set forth in subsection (d) of this section.

The written notice of appeal shall be filed together with an advance deposit, consisting of a cashier's check, for the full amount of the penalty stated on the administrative citation; unless the District has issued an advance deposit hardship waiver. Failure to file a written notice of appeal within this time period shall constitute a waiver of the right to appeal the administrative citation.
(b) Advance Deposit Hardship Waiver. Any person intending to appeal an administrative citation and who is financially unable to make the advance deposit as required by this section may file a written request for an advance deposit hardship waiver with the District. A District—approved form shall be made for this purpose. The written request shall be filed with the District within 10 calendar days of the date the administrative citation was served.
(c) Advance Deposit Hardship Waiver Evaluation Procedures. The advance deposit requirement shall be stayed pending a determination by the Fire Chief/Fire Warden, or the Fire Chief/Fire Warden’s designee, that a waiver shall not be issued. The Fire Chief/Fire Warden, orthe Fire Chief/Fire Warden’s designee, may waive the advance deposit requirement and issue a waiver only if the person requesting the any supporting documents or materials, reasonably to Warden the person's actual financial ability to submit the deposit in advance ofthe appeal hearing. The filing of a written request for an advance deposit hardship waiver shall not extend the time limits for appealing an administrative citation. The Fire Chief/Fire 80

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Warden, or the Fire Chief/Fire Warden’s designee, shall issue a written decision explaining the reason(s) for not issuing the waiver. The written decision of the Fire Chief/Fire Warden, or the Fire Chief/Fire Warden’s designee, shall be final. in the event a waiver is not issued, the person intending to appeal must remit the advance deposit with a written notice of appeal as herein provided.
(d) Contents of Notice of Appeal. The notice of appeal shall be submitted on District—approvedforms and shall contain the following information:
(1) A brief statement setting forth the appealing person's (hereinafter "appe||ant”) interest in the proceedings;
(2) A brief statement of the material facts which the appellant claims supports his/her contention that they did not commit, cause, or othenNise allow a violation of one or more provisions of this Code to occur, exist, or continue as alleged in the administrative citation at issue; or he/she is not a responsible party as defined at Section 41(b)(9) of this Code.
(3) A mailing address at which the appellant agrees that notice of any additional proceeding or an order relating to the imposition of an administrative citation penalty, shall be received and accepted by the appellant by First Class Mail. (4) The notice of appeal must be signed and dated by the appellant. (e) Administrative Hearing. The resolution of an appeal of an administrative citation issued under the authority of this Code shall be by an administrative hearing conducted according to the procedures set forth in this section. Upon the District's designated processing agent’s receipt of a timely, written notice of appeal from the appellant, an administrative hearing shall be held as follows:
no later than 60 days from the date the notice of is processing agent. (2) Notice of Hearing. Notice of the administrative hearing shall be given to the appellant at least 10 calendar days prior to the hearing. The noticemay be 81

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delivered to the appellant or mailed by first class mail to the address listed in the notice of appeal. Neither personal service norservice by certified mail shall be required. (3) Hearing Officer. The administrative hearing shall be held before the Fire Chief/Fire Warden, or the Fire Chief/Fire Warden’s designee. The Hearing Officer shall not be the enforcement officer who issued the administrative citation or his/her immediate supervisor. The Fire Chief/Fire Warden, through the District’s contracting process, may contract with a qualified provider for administrative processing and collection services to provide hearing officers to conduct administrative hearings and process administrative citations, including the collection of payment of administrative citation penalties.
(4) Conduct of the Hearing.
(A)
formal rules of evidence. The District shall bear the burden of proof at the administrative The Hearing Officer shall not be limited by the technical or hearing to establish the existence of a violation of this Code by a preponderance of the evidence. The Hearing Officer shall have the discretion to exclude evidence if its probative value is substantially outweighed by the probability that its admission willcause an undue consumption of time. The enforcement officer establishing or confirming the occurrence or existence of a violation of this Code shall be deemed the complaining or reporting party. Personal or other identifying information regarding any other reporting party shall be deemed both irrelevant and subject to the federal and state constitutional rights of privacy; and, therefore, shall not be subject to review or disclosure. (B)
the Hearing Officer shall make his/her determination based on the information contained If the appellant fails to appear at the administrative hearing, (C) that notice of the hearing has been served as required by this or other applicable chapters of this Code, an appellant who fails to appear at the administrative hearing shall be deemed to have waived each of the following: the right to such hearing, the adjudication of issues presented at the 82

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hearing, and any and all rights afforded to the appellant under this Code. The appellant shall also be deemed to have failed to exhaust his/her administrative remedies. (D)
hearing and considered by the administrative Hearing Officer in reaching a decision, is The only evidence that shall be permitted at the administrative that evidence which is relevant to the proof or disproof of:
(i) Ownership of the subject property, when applicable; (ii) Whether a person noticed by the District as a
responsible party is, in fact, a responsible party;
(iii) Whether a violation of this Code occurred and/or
continues to occur on the date or dates specified in the administrative citation; (iv)
maintained, or permitted a violation of this Code on the date or dates specified on the Whetherthe responsible party has committed, caused,
administrative citation.
(f) Hearing Officer’s Decision.
(1) After considering all the testimony and evidence submitted at the hearing, the Hearing Officer shall promptly issue a written decision (“Administrative Citation Appeal Ruling") to uphold or cancel the administrative citation and shall list in the decision the reasons for that decision.
(2) If the Hearing Officer determines that the administrative citation should be upheld, then the amount of the penalties set forth in the citation shall not be reduced or waived for any reason. This subsection shall not apply to “warning only" administrative citations or to any administrative citation that indicates on its face that the penalty will be waived if the violation is corrected by the deadline compliance date and (3) If the administrative citation has been may allow payment of the administrative penalty in installments, if an advance deposit hardship waiver has been issued to the appellant. (4) If the Hearing Officer overturns the administrative citation, then no 83

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penalty shall be assessed and any penalty otherwise deposited with the District or its designated processing/collection agent, shall be promptly refunded to the appellant. (5) The appellant shall be served with a copy of the hearing officer’s written decision either at the conclusion of the hearing or sent by First Class Mail within a reasonable time. The"Hearing Officer's written decision shall become final on the date of the hearing unless mailed; otherwise itshall become final on the date of mailing. (6) The Hearing Officer’s written decision shall contain instructions for obtaining judicial review of the decision pursuant to California Government Code section 53069.4, as that section may be from time to time amended, or the successor provision thereto.
(7) Ifthe administrative citation is upheld, the Hearing Officer shall also award the District its enforcement costs and its costs in defense of the citation (including the actual time spent conducting the hearing). An itemized summary of these costs shall be presented to the Hearing Officer by the District within 10 days following the Hearing and mailed to appellant by First Class Mail to the address listed on the Notice of Appeal. (g) Judicial Review of Administrative Hearing Officer’s Decision. (1) Notice of Appeal. Within 20 calendar days ofthe date ofthe delivery or mailing of the Hearing Officer’s decision to the appellant, the appellant (hereafter "contestant”) may contest that decision by filing an appeal to be heard by the Superior Court, and paying to the court clerk the filing fee set forth at Government Code section 53069.4, or the successor provision thereto. The failure to file the written appeal and to pay the filing fee within this period shall constitute a waiver of the right to an appeal and the decision shall be deemed confirmed. The contestant shall serve a copy of the notice (2) Conduct of the the appeal before the Superior Court is a subordinate judicial duty and may be performed by traffic trial commissioners and other subordinate judicial officers at the direction of the presiding judge of the superior court. The appeal shall be heard de novo, except that the 84

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contents of the District’s file in the case shall be received in evidence. A copy of the document or instrument of the District providing notice of the violation and imposition of the administrative penalty (i.e., the administrative citation) shall be admitted into evidence as prima facie evidence of the facts stated therein. The court shall request that the District’s file in the case be forwarded to the court, to be received within 15 calendar days of the request.
(3) Judgment. The court shall retain the filing fee regardless of the outcome of the appeal. lfthe court finds in favor of the contestant, the amount of the fee shall be reimbursed to the contestant by the District. Any deposit of the administrative penalty shall be refunded by the District in accordance with the judgment of the court. If the administrative penalty has not been deposited and the decision of the court is against the contestant and in favor of the District, the District may proceed to collect the penalty pursuant to the procedures set forth in this Code, or in any other manner provided bylaw.

46. Recording of a Notice of Pendency.
(a) Whenever the District institutes a judicial action or proceeding to enforce this Code, a Notice of Pendency of the action or proceeding may be filed with the County Recorder’s Office. The notice may be filed at the time of the commencement of the action or proceeding, and upon recordation of thenotice as provided in this section, shall have the same effect as a notice recorded in compliance with Section 405.7 of the California Code of Civil Procedure.
(b) The County Recorder shall record and index the Notice of Pendency of action or proceeding in the Grantor/Grantee Index.
(c) Any Notice of Pendency of action or proceeding filed in compliance with this appropriate showing of need therefore by an order of a court action or proceeding is pending. (d) A certified copy of the “Order to Vacate Notice of Pendency” may be recorded with the County Recorder’s Office, and upon the recordation, the Notice of 85

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Pendency of the action or proceeding shall not constitute constructive notice of any of the matters contained therein nor create any duty of inquiry in any person thereafter dealing with the property described therein.
(e) An “Order to Vacate Notice of Pendency” shall not be appealable, but the party aggrieved by the order may, within 20 days after service of written notice of the order, or within additional time not exceeding 20 days as the court may, withinthe original 20 days allow, but in no event later than 60 days after entry of the order, petition the proper reviewing court to review the order by writ of mandate. (f) No “Order to Vacate Notice of Pendency” shall be effective, nor shall it be recorded with the County Recorder’s Office, until the time within which a petition for the filing of a writ of mandate has expired in compliance with this section.

47. Filing Notice of Action.

Whenever an enforcement action is initiated and prior to filing a Notice of Pendency, the District may, pursuant to Government Code section 27280, file with the County Recorder’s Office a Notice of Action identifying the enforcement action taken for violation of this Code or other applicable law.

48. Public Nuisance Abatement for Fire Hazards.

Any violation of this Code, the California Fire Code, the San Bernardino County Fire Protection District Fire Prevention Standards or of the provisions of any code adopted and incorporated by reference by this Code may be deemed a fire hazard by the fire code official and acted upon pursuant to the public nuisance abatement provisions of Chapter 5 of Division 3 of Title 2 of the San Bernardino County Code beginning with Section

23.0503.
— (a) In order to hear and decide or made by the fire code official relative to the application and interpretation of this Code (except for administrative citations issued pursuant to Sections 41, 42, 43 and 44), there shall be two appeals boards, namely the Planning Commission and the Building and 86

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Safety Board of Appeal.
(b) Limitations on Authority. An application for appeal shall be based on a claim that the intent of this Code or the rules, standards and interpretations adopted hereunder have been incorrectly interpreted, the provisions of this Code do not fullyapply, or an equivalent method of protection or safety is proposed. The board shall have no authority to waive requirements of this Code.
(c) Qualifications. The board of appeals shall consist of members who are qualified by experience and training to pass judgment on matters pertaining to hazards of fire, explosion, hazardous conditions or fire protection systems and are not employees of the fire code official.
(d) Appeals Hearings. Appeals concerning standards of building construction, electrical work, and all fire protection and detection systems shall be heard bythe Building and Safety Board of Appeals. All other appeals shall be heard by the Planning Commission. Hearings shall be in accordance with this section. (e) Request for Hearing. Any person may appeal the District’s interpretation regarding the provisions of the San Bernardino County Fire Protection District Fire Code within 15 days after the date such interpretation is rendered, or after enforcement begins.

Unless an imminent hazard to life or property exists, enforcement involving an appealed interpretation may be suspended until a decision regarding the appeal has been reached. (f) Hearing Procedures. Within 30 days of the acceptance of an application for an appeal, the County or City having jurisdiction shall set the matter for hearing and shall give notice to the appellant, the applicant and to any other party who has requested in writing to be so notified. During the hearing, witnesses may be sworn in and examined The appropriate
appeals board keep a of the written findings and a decision within 15 days of the conclusion of the hearing. A written copy of the decision shall be mailed to the parties by first class mail, at such addresses as they haveprovided. 87

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(g)' Fees and Costs. The District shall act as staff to the Appeals Board, and for that purpose may determine and set fees to charge an appellant to cover the cost of preparation of the record for appeal. A summary of costs shall be compiled and sent to the appellant after all the appeals proceedings have been completed. Any refund due the appellant shall be returned within 60 days after the summary is sent.

50. Cost Recovery.

Pursuant to California Health and Safety Code sections 11374.5(b)(1), 13009 et seq., 13916(a), 25259.4, 25514, 25515(a), 25540(a), 25541(a), California Government Code sections 53150, 53151, 53152, 53159(a) & (b), California Vehicle Code section 23112.7, and all other provisions of law, all costs incurred by the San Bernardino County Fire Protection Districtfor the inspection and enforcement of any provision of this Code, the investigation of any fire, explosion or other hazardous condition, the suppression of fire, the response to a traffic collision or accident, the containment and/ormitigationof a hazardous materials release, and any rescue or rendering of medical or physical aid or assistance, may be charged to any responsible party, any person who violates this Code or any person who, due to a negligent or unlawful act or omission, is responsible for or requires or causes the emergency response of this District pursuant to a schedule of fees adopted by the District. Any expense incurred by this District for such an emergency response shall constitute a debt of such person and shall be collectible by the District in the same manner as in the case of an obligation under contract, express or implied.

51. Treble Damages.

Upon a second or subsequent civilor criminal judgment for a violation of this Code within a two—year period, the violator shall be liable to the District for treble the abatement 88

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_\CO OI\J AI$ I\) (.0I\.) I\) A U‘! I\J I\) O‘) I\) \I [0CO SECTION 3. This ordinance shall take effect 30 days from the date of adoption. bawizmoeaaaa
DAWN ROWE, Chair
Board of Directors

SIGNED AND CERTIFIED THAT A COPY

OF THIS DOCUMENT HAS BEEN DELIVERED

TO THE CHAIR OF THE BOARD OF DIRECTORS
M6M%u/zmca ONELL, Secretary
tot e Board of Directors
89

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4 OCOCD\lO3U‘l-b0Ol\)

STATE OF CALIFORNIA )
) ss.

COUNTY OF SAN BERNARDINO )
I, LYNNAMONELL, Secretary of the Board of Directors of the San Bernardino County Fire Protection District, State of California, hereby certify that at a regular meeting of the Board of Directors of the San Bernardino County Fire Protection District,held on the 28”‘day of February, 2023, at which meeting were present Directors: Col. Paul ‘Cook (Ret.), Jesse Armendarez, Dawn Rowe, Curt Hagman, Joe Baca, Jr., and the'Secretary, the foregoing ordinance was passed and adopted by the following vote, to wit:

AYES: DIRECTORS: Col. Paul Cook (Ret.), Jesse Armendarez, Dawn Rowe, Curt Hagman, Joe Baca, Jr.,
NOES: DIRECTORS: None
ABSENT: DIRECTORS: None
INWITNESS WHEREOF, I have hereunto set my hand and affixed the officialseal of the Board of Directors this 28‘“day of February, 2023. ~ g\£iFf3.l?%’
Approved as to Form:

TOM BUNTON
County Counsel
J LE E. GRIDER
ounty Counsel Byr [Q?%QQ&lm
Date: 90

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1 CITY OF TWENTYNINE PALMS

CITY COUNCIL
ORDINANCE NO. ___

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

TWENTYNINE PALMS, STATE OF CALIFORNIA, ADOPTING THE

SAN BERNARDINO COUNTY FIRE CODE (REFERENCING THE
2019 EDITION OF THE CALIFORNIA FIRE CODE AND 2019

EDITION OF THE CALIFORNIA RESIDENTIAL CODE) ALONG

WITH CERTAIN CHANGES, MODIFICATIONS, AMENDMENTS,

ADDITIONS, DELETIONS, AND EXCEPTIONS, RELATING TO FIRE
REGULATIONS.

WHEREAS, the San Bernardino County Fire Protection District provides fire protection services to the City of Twentynine Palms; and
WHEREAS, the City wishes to adopt various codes and amendments in order to ensure that the Fire Protection District is able to continue to adequately protect the residents of Twentynine from fire related issues; and
WHEREAS, the Fire Protection District has specifically adopted the San Bernardino County Fire Protection Code (FPO Ordinance No. ____) to govern its fire protection services.

NOW THEREFORE, The City Council of the City of Twentynine Palms, State of California, hereby ordains as follows:

SECTION 1. That the above recitations are true and correct and incorporated herein by reference.

SECTION 2: The San Bernardino County Fire Protection Code (FPO Ordinance No. ___), a copy of which is attached hereto as Exhibit A, is hereby adopted by reference and incorporated herein as if set forth in full.

PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Twentynine Palms, California, held on this ____ day of _______, 2020. _____________________________
Joel A. Klink, Mayor
ATTEST:
______________________________
Cindy Villescas CMC, City Clerk
APPROVED AS TO FORM:
______________________________
A. Patrick Muñoz, City Attorney

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2 I hereby certify that the foregoing is a true copy of Ordinance No. ____, introduced on the ___ of__________, 2020 and duly adopted by the City Council of the City of Twentynine Palms in a meeting held on _____ day of _______, 2020, in Twentynine Palms, California by the following vote, to wit.

AYES: COUNCILMEMBER:

NOES: COUNCILMEMBER:

ABSENT: COUNCILMEMBER:

ABSTAIN: COUNCILMEMBER:
________________________________
Cindy Villescas CMC, City Clerk

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1 CITY OF TWENTYNINE PALMS

CITY COUNCIL
ORDINANCE NO. ___

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TWENTYNINE

PALMS, STATE OF CALIFORNIA, ADOPTING THE SAN BERNARDINO COUNTY FIRE CODE (REFERENCING THE 2022 EDITION OF THE CALIFORNIA FIRE CODE AND 2022 EDITION OF THE CALIFORNIA RESIDENTIAL CODE)

ALONG WITH CERTAIN CHANGES, MODIFICATIONS, AMENDMENTS,

ADDITIONS, DELETIONS, AND EXCEPTIONS, RELATING TO FIRE
REGULATIONS.

WHEREAS, the San Bernardino County Fire Protection District provides fire protection services to the City of Twentynine Palms; and
WHEREAS, the City wishes to adopt various codes and amendments in order to ensure that the Fire Protection District is able to continue to adequately protect the residents of Twentynine from fire related issues; and
WHEREAS, the Fire Protection District has specifically adopted the San Bernardino County Fire Protection Code (Ordinance No. FPD 23-01) to govern its fire protection services.

NOW THEREFORE, The City Council of the City of Twentynine Palms, State of California, hereby ordains as follows:

SECTION 1. That the above recitations are true and correct and incorporated herein by reference.

SECTION 2: The San Bernardino County Fire Protection Code (Ordinance No. FPD 23-01), a copy of which is attached hereto as Exhibit A, is hereby adopted by reference and incorporated herein as if set forth in full.

PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Twentynine Palms, California, held on this 22 day of August, 2023.

McArthur Wright, Mayor
ATTEST:

Cindy Villescas CMC, City Clerk
APPROVED AS TO FORM:

A. Patrick Muñoz, City Attorney

Page 141 of 255 ends

2 I hereby certify that the foregoing is a true copy of Ordinance No. , introduced on the 22 of August, 2023 and duly adopted by the City Council of the City of Twentynine Palms in a meeting held on 12 day of September, 2023, in Twentynine Palms, California by the following vote, to wit.

AYES: COUNCILMEMBER:

NOES: COUNCILMEMBER:

ABSENT: COUNCILMEMBER:

ABSTAIN: COUNCILMEMBER:

Cindy Villescas CMC, City Clerk

Page 142 of 255 ends

STAFF REPORT
TO: City Council
FROM: Project Manager, Charles Abbott & Associates
FOR MEETING: Sep 12 2023
SUBJECT: Acceptance of Work for the Community Development Department Tenant Improvement Project.

RECOMMENDATION:

That the City Council:

1. Accept the work completed by KNC Construction as part of the Development Department Tenant Improvement project for a total contract cost of $162,672.60.

2. Direct the City Clerk to file the Notice of Completion for the contract work.

3. Direct the Finance Director to release the retained funds 30 days after the Notice of Completion has been filed, provided no claims are filed against the contractor.

ORDER OF PROCEDURE:

Request Staff Report (City Manager Presenting)
Council Questions of Staff
Request Public Comment
Council Discussion
Motion/Second
Discussion of Motion
Call the Question
BACKGROUND:

On March 14, 2023, a Contract for Construction for the Community Development Department Tenant Improvement Project was awarded to KNC Construction for $138,320.00. The project includes interior tenant improvements at 73660 Civic Center Dr., Twentynine Palms, CA 92277. A $21,440.60 change order was issued to provide additional improvements to include electrical, plumbing, and demolition work. A second change order of $2,912.00 was approved bringing the total project costs to $162,672.60.

ENVIRONMENTAL:

Not Applicable.

ALTERNATIVES:

The City Council could choose to deny the completion of work and provide other recommendations.

FISCAL IMPACT:

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Funding for the project has been appropriated in the City Council adopted Fiscal Year 2022/2023 budget.

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STAFF REPORT
TO: City Council
FROM: Community Development Director
FOR MEETING: Sep 12 2023
SUBJECT: Transportation Impact Fee.

RECOMMENDATION:

The City Council accept the Transportation Impact Fee Study.

ORDER OF PROCEDURE:

Request Staff Report (Community Development
Director Presenting)
Council Questions of Staff
Open the Public Hearing
Receive Public Comment
Close the Public Hearing
Council Discussion
Motion/Second
Discussion on Motion
Call The Question
ATTACHMENTS:
• Twentynine Palms
Transportation Impact Fee
Report
BACKGROUND:

Development Impact Fees (DIFs) are commonly imposed by local agencies on new developments as a precondition in the development application process. Revenues generated DIF programs must be used to fund the cost of the expanded capacity of public facilities and infrastructure necessary to mitigate the impacts of new development and assure that new developments pay for their fair share of capital costs associated with growth.

The legal requirements for enactment of a development impact fee program are set forth in Government Code Sections 66000 through 66025 (also referred to as the “Mitigation Fee Act”).

Currently, the City collects a Street Improvement Fee for any new construction. This fee is $77 per linear foot of street frontage for the parcel on which construction is occurring, up to a maximum of $11,250. Over the years, questions have been raised about the equitability of this fee, especially given the rural nature of much of the residential areas of Twentynine Palms. As a result, Willdan Financial Services was contracted to conduct a study to determine a more appropriate Development Impact Fee.

At this time, the Development Impact Fee will only cover impacts to the transportation network, not other City services.

Page 145 of 255 ends

The way the fee would be calculated is much different than the City has operated in the past. If the Council accepts the study, then the development impact fee would be calculated on the square footage of the construction, not on the linear square footage of the parcel affected. The study recommends the fees as follows:

Single Family residential dwelling units: $2.94 / square foot Multifamily residential dwelling units: $3.16 / square foot Commercial development: $8.52 / square foot
Office development: $8.94 / square foot
Industrial development: $5.17 / square foot
Should the Council decide to accept the study, amendments to the fee Ordinance and the Development Code would be forthcoming to reflect these propose fees, and to eliminate the current street frontage fee.

Adopting a nexus study and fee schedules do not constitute a “project” under CEQA pursuant to State CEQA Guidelines Section 15378(b)(4) because these actions involve the creation of a government funding mechanism which does not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment. In addition, these actions are statutorily exempt from CEQA under CEQA Guidelines Section 15273(a)(4) because these actions and documents are merely establishing fees to obtain funds for those capital projects necessary to maintain service within the City and these actions do not provide for the creation of new service areas. The capital projects described in the Nexus Study and will maintain the level of service currently provided by the City by ensuring that the impacts of new development will not negatively impact existing service levels.

ENVIRONMENTAL:

Not applicable.

ALTERNATIVES:

The City Council could reject the Study as a basis for an impact fee, and keep the current Street Improvement Fee.

FISCAL IMPACT:

The update to the City’s DIF Program will provide the necessary revenue to fund the capital projects described in the Nexus Study in order to mitigate the impacts of new development and to maintain the City’s level of service for transportation facilities.

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CITY OF TWENTYNINE PALMS

TRANSPORTATION IMPACT FEE STUDY
FINAL
JULY 10, 2023
Oakland Office Corporate Office Other Regional Offices
66 Franklin Street 27368 Via Industria Aurora, CO
Suite 300 Suite 200 Orlando, FL
Oakland, CA 94607 Temecula, CA 92590 Phoenix, AZ
Tel: (510) 832-0899 Tel: (800) 755-6864 Plano, TX
Fax: (888) 326-6864 Seattle, WA
Washington, DC
www.willdan.com

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TABLE OF CONTENTS
EXECUTIVE SUMMARY .......................................................................... 1 Background and Study Objectives 1
Use of Fee Revenues 1
Methodology Used in This Study 1
Fee Schedule 1

1. INTRODUCTION................................................................................. 3 Study Objectives 3
Study Methodology 3
Types of Facility Standards 4
New Development Facility Needs and Costs 4
Fee Program Maintenance 4
Organization of the report 5

2. TRANSPORTATION IMPACT FEE ANALYSIS ........................................... 6 Growth Projections 6
Trip Demand 7
Growth in Trip Demand 8
Cost Allocation to New Development 9
Cost per Trip 12
Maximum Justified Impact Fee Schedule 12

3. AB 602 REQUIREMENTS................................................................. 14 Compliance with AB 602 14
66016.5. (a) (2) - Level of Service 14
66016.5. (a) (4) – Review of Original Fee Assumptions 14 66016.5. (a) (5) – Residential Fees per Square Foot 14
66016.5. (a) (6) – Capital Improvement Plan 14

4. IMPLEMENTATION ........................................................................... 15 Impact Fee Program Adoption Process 15
Inflation Adjustment 15
Reporting Requirements 15
Programming Revenues and Projects with the CIP 15

5. MITIGATION FEE ACT FINDINGS ....................................................... 17 Purpose of Fee 17
Use of Fee Revenues 17
Benefit Relationship 17
Burden Relationship 17
Proportionality 18

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1 Executive Summary
This report summarizes an analysis of the need for transportation facilities to support future development within the City of Twentynine Palms as growth occurs. It is the City’s intent that the costs representing future development’s share of these facilities and improvements be imposed on that development in the form of a development impact fee.

Background and Study Objectives
The primary policy objective of this transportation impact fee program is to ensure that new development pays the capital costs associated with growth. The primary purpose of this report is to calculate and present fees that will enable the City to expand its inventory of transportation facilities – and therefore maintain its facilities standards – as new development creates more demand for transportation facilities.

The City will transportation impact fees Citywide under the authority granted by the Mitigation Fee Act (the Act), contained in California Government Code Sections 66000 et seq. This report provides the necessary findings required by the Act for adoption of the fees presented in the fee schedule contained herein.

Use of Fee Revenues
Impact fee revenue must be spent on new facilities or the expansion of current facilities to serve new development. The share of specific facilities intended to be funded by this fee are detailed within this report.

Methodology Used in This Study
The impact fees calculated in this study use a planned facilities approach to allocate costs to new development. This approach identifies the share of planned facilities needed to serve new development, and then allocates the associated costs of facilities to new development through the impact fee.

Fee Schedule
Table E.1 summarizes the schedule of maximum justified transportation impact fees based on the analysis contained in this report.

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Twentynine Palms City CouncilSeptember 12, 2023

Twentynine Palms City Council
September 12, 2023