Agenda — Fountain Valley City Council, March 1, 2022

AGENDA

CITY COUNCIL/ SUCCESSOR

AGENCY TO THE FOUNTAIN

VALLEY AGENCY

FOR COMMUNITY DEVELOPMENT/

FOUNTAIN VALLEY HOUSING AUTHORITY
Closed Session 4:30 p.m.

Study Session Immediately Following Closed Session
Regular Meeting 6:00 p.m.

Tuesday, March 1, 2022
Council Chambers
10200 Slater Avenue
Fountain Valley, CA 92708
http://www.fountainvalley.org
MEETING ASSISTANCE: In compliance with the Americans with Disabilities Act, anyone needing special assistance to participate in a meeting of the government bodies listed herein should contact the City Clerk’s Office at (714) 593-4445. Notification 72 hours prior to the meeting allows the City to make reasonable arrangements to ensure accessibility to the meeting.

AGENDA COMMUNICATIONS: All revised or additional documents and writings related to an item on this agenda provided to all or a majority of the government body members after distribution of the agenda packet, are available for public inspection (1) in the City Clerk’s Office at 10200 Slater Avenue, Fountain Valley, CA 92708 during normal business hours; and (2) in the Council Chambers at the time of the meeting. Unless directed otherwise by a government body listed herein all actions shall be based on/memorialized by the latest document submitted as a late communication.

PUBLIC COMMENTS/PUBLIC HEARINGS: Persons wishing to address the Cit y Counci lor other government body listed complete a speaker card and give it to the City Clerk prior to the public comment period. Requests to speak will not be accepted after the public comment session begins without permission of the Mayor/Chair. Speakers must limit remarks to a total of (3) three minutes and address the City Council through the Mayor. Comments to individuals or staff are not permitted. Scheduled Matters, including Public Hearings: Indicate on the card what item you want to address. Unscheduled Matters: Indicate on the card what subject matter you want to address. Comments must be related to issues that are within the jurisdiction of the governing body listed on the agenda. Pursuant to the Brown Act, the governing body may not enter into discussion regarding items not on the agenda.

CONSENT CALENDAR: All matters listed under the Consent Calendar are considered by the governing bodies listed herein to be routine and will be enacted on simultaneously with one motion without discussion unless separate action and/or discussion is requested by a governing body member, staff, or a member of the public.

PUBLIC HEARINGS: Persons wishing to speak in favor of or in opposition to a proposal are given an opportunity to do so during the public hearing. Those wishing to address a governing body during the hearing are requested to complete the speaker card and submit it to the City Clerk prior to the hearing. If a proposed action is challenged in court, there may be a limitation to raising only those issues raised during the hearing or in written correspondence received by the governing body at or before the hearing.

Note: The Fountain Valley City Council serves as the Successor Agency to the Fountain Valley Agency for Community Development (Successor Agency), the Fountain Valley Housing Authority, and the Fountain Valley Finance Authority. The Actions of the Successor Agency are separate and apart from the actions of the City Council.

ZOOM LINK INFORMATION
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• All public comments are allowed up to 3 minutes to speak.

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CLOSED SESSION
CALL TO ORDER 4:30 p.m.

PUBLIC COMMENTS (Closed Session matters only)
Persons wishing to speak on a Closed Session matter are requested to identify themselves by completing a blue speaker card indicating the item they want to address and to give the card to the City Clerk prior to the public comment period. The City Clerk will call upon those that wish to speak. • CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code §54957.6.

Agency Designated Representatives: City Manager, Rob Houston; Finance Director, Jennifer Lampman; Budget Manager, Shannon Espinoza; Human Resources Director, Carrie Hanes; Principal Human Resources Analyst, Tania Knauerhaze; Attorney for the City.

Employee Organizations: Police Officers' Association (POA), Police Officers' Management Unit (POMU), Fountain Valley Firefighters Association (FVFA), Individually Represented Battalion Chiefs (BCs)
• PUBLIC EMPLOYEE APPOINTMENT
Title: City Manager

STUDY SESSION
CALL TO ORDER Immediately Following Closed Session
PUBLIC COMMENTS (Study Session matters only)
Persons wishing to speak on a Study Session matter are requested to identify themselves by completing a blue speaker card indicating the item they want to address and to give the card to the City Clerk prior to the public comment period.
• Presentation on Unfunded Actuarial Liabilities – Presentation by Jennifer Lampman, Finance Director
• Presentation of FV Crossing Branding and Signage Concepts – Presentation by Maggie Le, Deputy City Manager

OPEN SESSION
CALL TO ORDER 6:00 p.m.

INVOCATION
SALUTE TO THE FLAG Council Member Glenn Grandis

CITY COUNCIL/SUCCESSOR AGENCY/HOUSING AUTHORITY/ ROLL CALL Council Members: Bui, Grandis, Vo, Mayor Pro Tem/Vice Chair Constantine, Mayor/Chair Harper

ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS

CITY MANAGER/MAYOR UPDATE

PRESENTATIONS
• Certificate of Appreciation Presented to Rob Houston, City Manager

FIRST CITY COUNCIL/ SUCCESSOR AGENCY/ HOUSING AUTHORITY/ PUBLIC COMMENTS (Unscheduled Matters Only)
The Unscheduled Matters Public Comments portion will last 15 Minutes at the beginning of the meeting. Any requests to speak on unscheduled matters after the initial 15 minutes, will be heard at the end of the meeting, unless the Mayor approves an extension of this time. If an individual speaks during the First unscheduled matters time period, they do not get to speak at the end of the meeting as well. Persons wishing to speak on an unscheduled matter are requested to identify themselves by completing a blue speaker and to give the card to the City Clerk. Each person will have up to 3 minutes to speak. The City Clerk will call upon those that wish to speak.

PUBLIC COMMENTS (Scheduled Matters Only)
Persons wishing to speak on Agenda item(s) are requested to identify themselves by completing a blue speaker card indicating the item they want to address and to give the card to the City Clerk prior to the public comment period. Each person will be given up to 3 minutes to speak on the entire Consent Calendar, 3 minutes to speak on each item pulled from the consent calendar, and 3 minutes to speak on any agendized item(s) not appearing on the Consent Calendar.

CONSENT CALENDAR
Consent Calendar Items 1-3 will be approved simultaneously with one motion, unless separate action/or discussion is requested.

1. Receive and File the Draft Minutes of the February 15, 2022 Regular City Council Meeting Page 5

2. 2021 Annual State Housing Element Progress Report Page 12 Review the Housing Element Annual Progress Report and authorize the City Manager to forward it to the California Department of Housing and Community Development and the Governor's Office of Planning and Research prior to the April 1, 2022 deadline.

3. Accept a Fee Proposal from Interwest not to exceed $80,000 for Engineering Plan Check and Encroachment Permit Review Services and Direct Staff to Issue a Purchase Order for the Amount. Page 65
Staff recommends that the City Council approve Alternative No. 1, which is to accept the fee proposal from Interwest for not to exceed $80,000 and authorize Staff to issue a purchase order for the Interwest On-Call Contract.

PUBLIC HEARINGS
Each person will have up to 3 minutes to speak on each Public Hearing.

4. Determination of Public Convenience or Necessity for the Issuance of a Type 20 OffSale Beer and Wine Liquor License for Thanh Long Supermarket located at 16112 Harbor Boulevard – Presentation by Ron Vargas, Assistant Planner Page 120 Staff recommends the City Council consider the information provided by Thanh Long Supermarket and approve the attached Resolution (Attachment #7) finding and determining that public convenience or necessity would be served by the issuance of an off-sale beer and wine (Type 20 Alcoholic Beverage Control) license for the premises located at 16112 Harbor Boulevard.

5. Approve the Introduction and First Reading of an Ordinance of the City Council of the City of Fountain Valley Amending Chapter 6.08 of the Fountain Valley Municipal Code to Include Organic Waste Reduction and Recycling Requirements of Senate Bill (SB) 1383 – Presentation by Loriana Hornik, Environmental Services Administrator Page 149 Staff recommends that the City Council approve Alternative No. 1, which is to Approve a First Read of an ordinance Amending Chapter 6.08 – Solid Waste Management to include the requirements of SB 1383.

ADMINISTRATIVE ITEMS

6. Discussion of Enhanced Noticing of Development Projects – Presentation by Colin Burns, Attorney for the City Page 186
Staff seeks Council direction and has no recommendation.

7. Report from the Measure HH Essential City Services Advisory Oversight Committee on FY2020/21 Audited Measure HH Revenues and Expenditures – Presentation by Jennifer Lampman, Finance Director Page 188
Receive and File the Report from the Measure HH Essential City Services Advisory Oversight Committee on FY 2020/21 Audited Measure HH Revenues and Expenditures

COUNCIL MEMBER ITEMS FOR FUTURE CONSIDERATION

CITY COUNCIL/ SUCCESSOR AGENCY/ HOUSING AUTHORITY/ PUBLIC COMMENTS (Unscheduled Matters Only)
Persons wishing to speak on an unscheduled matter are requested to identify themselves by completing a blue speaker and to give the card to the City Clerk. Each person will have up to 3 minutes to speak. The City Clerk will call upon those that wish to speak.

CITY COUNCIL/SUCCESSOR AGENCY/HOUSING AUTHORITY AB 1234/GENERAL COMMENTS

ADJOURN THE MEETING OF THE CITY COUNCIL/SUCCESSOR

AGENCY/HOUSING AUTHORITY
The next Regular Meeting of the Fountain Valley City Council is March 15, 2022 at 6:00 p.m., in the Fountain Valley Council Chambers, 10200 Slater Avenue, Fountain Valley

MINUTES OF THE

CITY COUNCIL/ SUCCESSOR AGENCY TO THE FOUNTAIN

VALLEY AGENCY

FOR COMMUNITY DEVELOPMENT/ FOUNTAIN VALLEY

HOUSING AUTHORITY
Closed Session 4:30 p.m.

Study Session Immediately Following Closed Session
Regular Meeting 6:00 p.m.

Tuesday, February 15, 2022
Council Chambers

CLOSED SESSION
CALL TO ORDER 5:15 p.m.

PUBLIC COMMENTS (Closed Session matters only)
 CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: City Water Tank Property Adjacent to the 405-Freeway Agency negotiator: City Manager, Deputy City Manager, Director of Planning and Building, Finance Director, Attorney for the City
Negotiating parties: City of Fountain Valley and Becker Boards, LLC; Clear Channel Outdoor, LLC, Foster Interstate; Outdoor Associates, LLC and Outfront Media, LLC Under negotiation: Price and terms of payment
There was no reportable action
 CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code §54957.6.

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STUDY SESSION
CALL TO ORDER 5:39 p.m.

PUBLIC COMMENTS (Study Session matters only)
Larry Ahlswede and Ben Nielsen
Discussion on Sober Living Homes – Presented by Colin Burns, Attorney for the City Colin Burns presented the issue of Sober Living Homes to the City Council.

OPEN SESSION
CALL TO ORDER 6:08 p.m.

INVOCATION Mayor Patrick Harper
SALUTE TO THE FLAG Mayor Patrick Harper

CITY COUNCIL/SUCCESSOR AGENCY/HOUSING AUTHORITY/ ROLL CALL Council Members: Bui, Grandis, Vo, Mayor Pro Tem/Vice Chair Constantine, Mayor/Chair Harper All members were present

CITY MANAGER / MAYOR UPDATES
City Manager Rob Houston reminded everyone that the open house for the Community Center was happening at 4:30 p.m. on Thursday February 17th.

Mayor Patrick Harper reminded everyone that today is the last day for the indoor mask mandates.

Council member Grandis reminded everyone of the importance of donating blood and to please consider giving blood.

ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS
There were no announcements

PRESENTATIONS
 City of Kindness Award presented to Britnie Harris Thompson Mayor Harper presented Britnie Harris Thompson with the City of Kindness Award.

FIRST CITY COUNCIL/ SUCCESSOR AGENCY/ HOUSING AUTHORITY/ PUBLIC COMMENTS (Unscheduled Matters Only)
There were no public comments

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CONSENT CALENDAR
Consent Calendar Items 1 – 3 and 5 were approved simultaneously.

1. Receive and File the Draft Minutes of the February 1, 2022 Regular City Council Meeting ACTION: Move to Receive and File the Draft Minutes of the February 1, 2022 Regular City Council Meeting
MOTION: Vo SECOND: Constantine
AYES: Bui, Grandis, Vo, Constantine, Harper
NOES: None
ABSENT: None
ABSTAIN: None

2. Adopt a Resolution Authorizing an Application to CalRecycle for Grant Funds to Assist with Implementing the Requirements of SB 1383
ACTION: Move to Adopt a Resolution Authorizing an Application to CalRecycle for Grant Funds to Assist with Implementing the Requirements of SB 1383 MOTION: Vo SECOND: Constantine
AYES: Bui, Grandis, Vo, Constantine, Harper
NOES: None
ABSENT: None
ABSTAIN: None

3. Second Reading and Adoption of an Ordinance approving Code Amendment No. 21-05 – An Amendment to Create Alternative Hotel Development Standards that Encourage Quality Hotel Development
ACTION: Move to Approve the Second Reading and Adoption of an Ordinance approving Code Amendment No. 21-05 – An Amendment to Create Alternative Hotel Development Standards that Encourage Quality Hotel Development MOTION: Vo SECOND: Constantine
AYES: Bui, Grandis, Vo, Constantine, Harper
NOES: None
ABSENT: None
ABSTAIN: None

4. Item pulled by Council Member Grandis
Adopt a Resolution Terminating the Declaration of Local Emergency Caused by the

Page 7 ends

Novel Coronavirus (COVID-19)
ACTION: Move to Adopt a Resolution Terminating the Declaration of Local Emergency Caused by the Novel Coronavirus (COVID-19)
MOTION: Grandis SECOND: Bui
AYES: Bui, Grandis, Vo, Constantine, Harper
NOES: None
ABSENT: None
ABSTAIN: None

5. Award a Contract to Yunex Traffic (Siemens Business) for Traffic Signal Maintenance and Repair Services
ACTION: Move to Award a Contract to Yunex Traffic (Siemens Business) for Traffic Signal Maintenance and Repair Services
MOTION: Vo SECOND: Constantine
AYES: Bui, Grandis, Vo, Constantine, Harper
NOES: None
ABSENT: None
ABSTAIN: None

ADMINISTRATIVE ITEMS

6. FY21/22 Mid-Year Budget Review
ACTION: Move to Approve the FY21/22 Mid-Year Budget Review MOTION: Grandis SECOND: Constantine
AYES: Bui, Grandis, Vo, Constantine, Harper
NOES: None
ABSENT: None
ABSTAIN: None

7. Approval to Permit the City Manager to Temporarily Authorize an Increase to Sworn FTE Personnel Allocations from 64 to 65 Under Specific Conditions ACTION: Move to Approve and Permit the City Manager to Temporarily Authorize an Increase to Sworn FTE Personnel Allocations from 64 to 65 Under Specific Conditions MOTION: Grandis SECOND: Constantine
AYES: Bui, Grandis, Vo, Constantine, Harper

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NOES: None
ABSENT: None
ABSTAIN: None

APPOINTMENTS

8. COMMITTEE, COMMISSION AND BOARD APPOINTMENTS–2022 (Presentation by Rick Miller, City Clerk)
By Ballot voting, the City Council appointed the following residents to these respective committees:

Planning Commission:

William Spear
Mary-Ellen Esquer
Richard Lopez
Edward Farrell – Alternate
Housing and Community Development Board:

Michael White
Ramon Pasos
Community Foundation:

Prem Balani
Dennis Cole
Measure HH Oversight Committee:

Charles Hoyt – resident who voted against Measure HH
Jeffrey Stone – Resident at Large

COUNCIL MEMBER ITEMS FOR FUTURE CONSIDERATION
There was nothing presented by the City Council.

CITY COUNCIL/ SUCCESSOR AGENCY/ HOUSING AUTHORITY/ PUBLIC COMMENTS (Unscheduled Matters Only)
Chloe Thai
CITY COUNCIL/SUCCESSOR AGENCY/HOUSING AUTHORITY AB 1234/GENERAL COMMENTS Council Member Bui
February 5 Attended the Little Saigon TET Parade and the Opening Ceremonies for the TET Festival
February 10 Attended the interviews for Commission and Committee Members Council Member Vo

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February 10 Attended the interviews for Commission and Committee Members Council Member Grandis
February 4 Attended the Virtual Valentines Dance
February 5 Attended the Little Saigon TET Parade and the Opening Ceremonies for the TET Festival
February 7 Attended the Fountain Valley School Foundation Board Meeting February 10 Attended the interviews for Commission and Committee Members Mayor Pro Tem Constantine
February 2 Attended the Measure HH Oversight Committee Meeting at FV City Hall.

February 3 Participated in the Brookhurst Street Bridge Construction Update by OCTA via Zoom.

February 4 Participated in the Fountain Valley Persons with Disabilities Valentine’s Dance via Zoom.

February 5 Participated in the Tet Parade in Westminster by riding on the vintage FV fire engine and the Tet Festival at Mile Square Park.

February 6 Attended the Tet Festival at Mile Square Park.

February 8 Watched the OC Board of Supervisors Meeting on the County’s website.

February 9 Attended the FV Planning Commission Meeting at FV City Hall.

February 10 Attended the FV Board, Committee, and Commission Interviews at FV City Hall.

Such fabulous candidates wanting to serve our City!
February 15 Watched the “OC Press Conference” on Facebook Live.

Mayor Harper
February 5 Attended the Little Saigon TET Parade and the Opening Ceremonies for the TET Festival
February 7 Attended the OCTA Board Meeting and the Regional Planning and Highways Committee Meeting
February 8 Attended the Valentines Lunch at the Senior Center February 9 Attended the OCTA Finance Committee Meeting and the OC Sanitation District Administrative meeting
February 10 Attended the interviews for Commission and Committee Members February 14 Attended the OCTA Board Meeting

ADJOURN THE MEETING OF THE CITY COUNCIL/SUCCESSOR AGENCY/HOUSING

AUTHORITY

Page 10 ends

Mayor Harper adjourned the meeting at 7:38 pm to the next Meeting of the Fountain Valley City Council on March 1, 2022 at 6:00 p.m., in the Fountain Valley Council Chambers, 10200 Slater Avenue, Fountain Valley.
________________________________________________________________________________________________________________________________ Patrick Harper, Mayor
Attest:
___________________________
Rick Miller, City Clerk

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CITY OF FOUNTAIN VALLEY

CITY COUNCIL

COUNCIL ACTION REQUEST
To: Honorable Mayor and Agenda Date: March 1, 2022
Members of the City Council
SUBJECT: 2021 Annual State Housing Element Progress Report EXECUTIVE SUMMARY:

Government Code Section 65400 requires that each governing body (City Council) prepare an annual report on the status and progress in implementing the jurisdiction’s Housing Element of the General Plan using forms and definitions adopted by the California Department of Housing and Community Development (HCD). The passage of SB35 and AB879 in 2017, as well as AB1486 in 2019, amended the existing code and requires HCD to obtain more detailed information from cities regarding the status, and progress in implementing their annual housing goals. HCD has updated their reporting format to reflect these requirements. This report covers the 2021 calendar year that encompasses the end of the 5th Housing Element planning cycle (October 15, 2013- October 14, 2021) and the beginning of the 6th Housing Element planning cycle (October 15, 2021 – October 15, 2029).

This report also addresses the progress in meeting the City’s Regional Housing Needs Assessment (RHNA) allocation as well as the progress to remove governmental constraints to the maintenance, improvement, and development of affordable housing for 2021.

Staff has completed the report on the prescribed State forms per HCD instructions. A copy of the report is attached to the Council Action Request (Attachment 1).

Staff recommends the City Council review the Housing Element Annual Progress Report and authorize the City Manager to forward it to the California Department of Housing and Community Development and the Governor’s Office prior to the April 1, 2022 deadline.

DISCUSSION:

The Housing Element Annual Progress Report is a reporting document that is required by Government Code Section 65400. It requires each governing body (City Council) to prepare an annual report on the status and progress in implementing the jurisdiction’s Housing Element of the General Plan using forms and definitions adopted by HCD. The report also addresses the progress to remove governmental constraints to the maintenance, improvement, and development of affordable housing. The annual report shows a city’s progress in meeting their goals as outlined in their Housing Element.

Page 12 ends

Council Action Request
March 1, 2022
2021 Housing Element Update

Page 2 ends

HCD has updated their reporting forms as required by the newly amended laws. The new laws require reporting agencies to submit additional information on the number of housing applications submitted, projects that have an approved entitlement, building permits that were issued, building permits that were finaled, list any sites rezoned to accommodate housing shortfall, list any sites receiving a commercial development bonus, list any land included in the Housing Element site inventory that has been leased or otherwise disposed of, list surplus sites owned by the locality, and finally, document the receipt and use of Local Early Action Plan (LEAP) grant funding. The information collected is specific to projects that meet the HCD definition of a new housing unit. The information entered onto the reporting forms is for the portion of the project that occurred in 2021 only. For instance, if a project received a building permit in 2019 and was finaled in 2021, the only information reported on the 2021 reporting forms will be the date the building permit was finaled.

One of the main features of the report is to track progress towards achieving the RHNA allocation. Because the 2021 calendar year included both 5th and 6th cycle planning periods, HCD determined that the RHNA numbers included in this report will only include units receiving building permits prior to October 15, 2021. All building permits issued between October 15, 2021 and December 31, 2021 will be reflected in the 2022 Annual Progress Report to be credited towards the 6th cycle RHNA numbers. The HCD reporting format automatically excludes building permits dated after October 14, 2021 and will carry those numbers into the 2022 report.

HCD defines Accessory Dwelling Units (ADU’s) as new housing units and allows the City to count ADU’s towards their RHNA goals without requiring any deed restrictions as long as they can document that the ADU’s are affordable to low and/or moderate-income levels, or can show that local rents meet affordability limits. City staff conducted a rent survey of Fountain Valley homeowner’s who have built ADU’s and it was determined that the amount of rent received for the ADU’s qualified as Very Low-Income rents. This allows the City to count the 38 of the 44 ADU’s that were issued building permits in 2021 towards the City’s Very Low-Income RHNA requirement for the 5th planning cycle. The remaining six will be counted in 2022 in the 6 th planning cycle. It is anticipated that the number of ADU’s built in the City will continue to rise and contribute towards meeting the City’s RHNA goals.

For the 5th planning cycle, Fountain Valley issued building permits for 121 Very Low Income units exceeding the RHNA goal of 83 units by almost 50%. The Above Moderate Income level goal was also exceeded by 40% with the city issuing 211 building permits, 60 more than the 151-unit RHNA goal.

The number of building permits issued for Low and Moderate units in Fountain Valley fell short of the RHNA goals for the 5th cycle. 35 building permits were issued for Low Income units, 24 lower than the 59-unit RHNA goal, and 12 building permits were issued for Moderate Income units, 53 less than the 65-unit RHNA goal. While the city did not meet the RHNA goals for each category of income level, the city issued a total of 379 building permits in the 5th planning cycle, which exceeded the 358 total 5th cycle RHNA goal. See Table B below showing the total count of units receiving building permits for the 5th planning cycle.

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Council Action Request
March 1, 2022
2021 Housing Element Update

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Table B
Regional Housing Needs Allocation Progress
Permitted Units Issued by Affordability
1 2 3 4
Income Level
RHNA
Allocation
by
Income
Level
2013 2014 2015 2016 2017 2018 2019 2020 2021
Total
Units
to
Date
(all
years)
Total
Remaining
RHNA by
Income
Level
Deed
Restricted -

45 Very Low
Non-Deed
Restricted

83 -

38 38

121

-
Deed
Restricted -

5 Low
Non-Deed
Restricted

59 -

13 17

35 24
Deed
Restricted -

-
Moderate
Non-Deed
Restricted

65 -

6 -

12 53
Above
Moderate

151 -

6 6

10 8

4 155

13 9

211

-
Total RHNA

358
Total Units -

6 6

10 14

17 178

51 97

379

77 The largest constraint to the development of affordable housing remains the demise of redevelopment funding. Redevelopment funds were the largest provider of funding for affordable housing outside of programs supplied by the Federal government. The RHNA goal for low, very low and extremely low-income units continues to be difficult to achieve without a new funding source to provide the affordability gap financing that was previously provided by redevelopment funds. The high cost of land in the city, and the lack of vacant or underutilized land in the city, are secondary factors that make it challenging to develop affordable housing projects in Fountain Valley.

Staff recommends the City Council review the attached Housing Element Annual Progress Report and authorize the City Manager to forward it to the California Department of Housing and Community Development and the Governor’s Office of Planning and Research.

FINANCIAL ANALYSIS
There is no financial impact for submitting this report however; the submission of this report is a pre-requisite to keep the current Housing Element certified.

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Council Action Request
March 1, 2022
2021 Housing Element Update

Page 4 ends

ATTORNEY REVIEW:

City Attorney review is not required for this item.

ALTERNATIVES:

1. Review the Housing Element Annual Progress Report and authorize the City Manager to forward it to the California Department of Housing and Community Development and the Governor’s Office of Planning and Research prior to the April 1, 2022 deadline.

2. Do not authorize the City Manager to forward the report to the California Department of Housing and Community Development and the Governor’s Office of Planning and Research by the April 1, 2022 deadline and provide staff with related direction.

RECOMMENDATION:

Staff recommends Alternative #1 - Review the Housing Element Annual Progress Report and authorize the City Manager to forward it to the California Department of Housing and Community Development and the Governor’s Office of Planning and Research prior to the April 1, 2022 deadline.

Prepared By: Ashlyn Newman, Housing Coordinator
Approved By: David Crabtree, Interim Planning and Building Director Fiscal Review by: Jennifer Lampman, Finance Director
Approved By: Rob Houston, City Manager
Attachment 1: 2021 Annual Element Progress Report

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2021 FOUNTAIN VALLEY Housing Element Annual Progress Report General InformationFirst Name Ashlyn Street Address 10200 Slater Ave Phone 7145934428Last Name Newman City Fountain Valley Email [email protected] Housing Coordinator Zip Code 92708Comments: Include any additional information or explanation for the information provided in the following tables.

FOUNTAIN VALLEY - 2021 1

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2021 FOUNTAIN VALLEY Housing Element Annual Progress Report TABLE A - Housing Development Applications SubmittedUnit Information Project Identifier Proposed Units Affordability by Household Incomes Current APN Street
Address
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed
Restricted
Low-Income
Deed
Restricted
Low-Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
ModerateIncome Non
Deed
Restricted
Above
ModerateIncome
Total
Proposed
Units by
Project
Total
Approved
Units by
Project
Total
Disapproved
Units by
Project
16930105 10619 EL

PICADOR
0 0 0 0 0 0 1 1 1 0
16756132 17773 SANTA

GERTRUDES
0 0 0 0 0 0 1 1 0 0
16736322 17092 SANTA
ISABEL
0 0 0 0 0 0 1 1 0 0
14336141 16762

BUCKEYE
0 0 0 0 0 0 1 1 0 0
14323314 16513

REDWOOD
0 0 0 0 0 0 1 1 1 0
TBD 9790 FINCH 0 0 0 0 0 0 70 70 0 0TBD 9830 FINCH 0 0 0 0 0 0 1 1 0 0TBD 9848 FINCH 0 0 0 0 0 0 1 1 0 0TBD 9832 FINCH 0 0 0 0 0 0 1 1 0 0TBD 18641

WESTWIND
0 0 0 0 0 0 1 1 0 0
14322309 16311

REDWOOD
0 0 0 0 0 0 1 1 0 0
TBD 9801

STARFISH
0 0 0 0 0 0 1 1 0 0
TBD 9801

STARFISH
0 0 0 0 0 0 1 1 0 0
FOUNTAIN VALLEY - 2021 2

Page 17 ends

10862330 10355

MORNING
GLORY
0 0 0 0 0 0 1 1 0 0
16908305 10278 AVE

CINCO DE
MAYO
0 0 0 0 0 0 1 1 0 0
14413311 11351

SNOWDROP
#A
0 1 0 0 0 0 0 1 1 0
14338564 9985 PETUNIA
#A
0 1 0 0 0 0 0 1 1 0
16920185 17981 LOS
PESOS #A
0 1 0 0 0 0 0 1 0 0
10863221 10584

MORNING
GLORY #A
0 1 0 0 0 0 0 1 1 0
15702318 9606

NIGHTINGALE
A
0 1 0 0 0 0 0 1 1 0
16908307 10284 AVE

CINCO DE
MAYO #A
0 1 0 0 0 0 0 1 0 0
14321322 16384 ASPEN
#A
0 1 0 0 0 0 0 1 1 0
14440215 16640
LASSEN# A
0 1 0 0 0 0 0 1 0 0
14444210 16243 SAN
JACINTO#A
0 1 0 0 0 0 0 1 0 0
10862116 10461 SANTA

MARGARITA
#A
0 1 0 0 0 0 0 1 0 0
14335411 16331

ROSEWOOD
#A
0 1 0 0 0 0 0 1 1 0
14408317 11199
LAVENDER#A
0 1 0 0 0 0 0 1 1 0
FOUNTAIN VALLEY - 2021 3

Page 18 ends

15718214 18441
GIFFORD #A
0 1 0 0 0 0 0 1 1 0
14351322 9970
CURRANT #A
0 1 0 0 0 0 0 1 0 0
16708305 17075

BUTTONWOO
D #A
0 1 0 0 0 0 0 1 1 0
16703119 17674
WALNUT #A
0 1 0 0 0 0 0 1 0 0
14325120 16573
WALNUT #A
0 1 0 0 0 0 0 1 0 0
16908413 10331 CALLE

INDEPENDEN
CIA #A
0 1 0 0 0 0 0 1 0 0
14408221 11199

BEGONIA
0 1 0 0 0 0 0 1 0 0
14356329 16072

SWEETLEAF
#A
0 1 0 0 0 0 0 1 0 0
14344305 9065

BUTTERCUP
#A
0 1 0 0 0 0 0 1 1 0
14321218 16486
HEMLOCK #A
0 1 0 0 0 0 0 1 0 0
15714162 9166 ANSON
RIVER #A
0 1 0 0 0 0 0 1 1 0
15705104 9705 TOUCAN
#A
0 1 0 0 0 0 0 1 1 0
10862409 10382

MORNING
GLORY #A
0 1 0 0 0 0 0 1 0 0
15715340 9166 HELM #A 0 1 0 0 0 0 0 1 0 0
14415420 11450

SUZETTE
RIVER #A
0 1 0 0 0 0 0 1 1 0
11276204 18081 SANTA

CECILIA A
0 1 0 0 0 0 0 1 0 0
FOUNTAIN VALLEY - 2021 4

Page 19 ends

14344206 16437

PONDEROSA
#A
0 1 0 0 0 0 0 1 1 0
11420308 11734
GLADSTONE#
A
0 1 0 0 0 0 0 1 0 0
15705315 18484 BIRCH
#A
0 1 0 0 0 0 0 1 1 0
14439405 16202
SHASTA #A
0 1 0 0 0 0 0 1 0 0
16903247 10967 LA
CARTA #A
0 1 0 0 0 0 0 1 0 0
15612148 10214 JANACA
#A
0 1 0 0 0 0 0 1 1 0
16906128 10425 CALLE
MADERO #A
0 1 0 0 0 0 0 1 1 0
16918139 10920 SLATER
#A
0 1 0 0 0 0 0 1 0 0
14321401 16293 ASPEN
#A
0 1 0 0 0 0 0 1 0 0
11260140 8871

NIGHTINGALE
#A
0 1 0 0 0 0 0 1 0 0
1444215 16026 ELBERT
#A
0 1 0 0 0 0 0 1 1 0
11260418 8927
CARDINAL #A
0 1 0 0 0 0 0 1 0 0
14450203 11779
QUARTZ #A
0 1 0 0 0 0 0 1 0 0
14333114 16656 OLIVE
#A
0 1 0 0 0 0 0 1 0 0
15601313 18837 TETON
# A
0 1 0 0 0 0 0 1 0 0
14406114 16814 TIN
MOUNTAIN #A
0 1 0 0 0 0 0 1 1 0
14420305 11692
QUARTZ #A
0 1 0 0 0 0 0 1 0 0
FOUNTAIN VALLEY - 2021 5

Page 20 ends

14412403 11045
FLOWER #A
0 1 0 0 0 0 0 1 0 0
16751103 17538 SANTA
MARIA #A
0 1 0 0 0 0 0 1 0 0
16937102 10779 EL
PASO #A
0 1 0 0 0 0 0 1 0 0
14415315 11351

DELPHINIUM
#A
0 1 0 0 0 0 0 1 0 0
14404242 11167 MCGEE
RIVER #A
0 1 0 0 0 0 0 1 0 0
16933305 17783 SAN
RAFAEL #A
0 1 0 0 0 0 0 1 0 0
11274324 8985 YUBA
RIVER #A
0 1 0 0 0 0 0 1 0 0
14326134 16573 PINYON
#A
0 1 0 0 0 0 0 1 0 0
16920107 10984

GOLDENEYE
#
0 1 0 0 0 0 0 1 0 0
10862204 15915 LAS
FLORES #A
0 1 0 0 0 0 0 1 0 0
14441430 16548 TERREL
#A
0 1 0 0 0 0 0 1 0 0
14408412 11142
LAVENDER #A
0 1 0 0 0 0 0 1 0 0
14332349 9381 DAISY
#A
0 1 0 0 0 0 0 1 0 0
14337220 16601 APPLE
#A
0 1 0 0 0 0 0 1 0 0
14403313 11069 SUDITH
#A
0 1 0 0 0 0 0 1 0 0
16715115 17860 ASH #A 0 1 0 0 0 0 0 1 0 0
14416409 16105
SHASTA #A
0 1 0 0 0 0 0 1 0 0
Totals 0 62 0 0 0 0 86 148 21 0
FOUNTAIN VALLEY - 2021 6

Page 21 ends

Project Information
Project Identifier Unit Types Density Bonus Applications Prior APN Current APN Street
Address
Project Name Local
Jurisdiction
Tracking ID
Unit
Category
Tenure Date
Application
Submitted
Was
Application
Submitted
Pursuant to
SB 35
Streamlining?
Was a Density
Bonus
requested for
this housing
development?
Was a Density
Bonus
approved for
this housing
development?
Please
indicate the
status of the
application
Notes
16930105 10619 EL

PICADOR
2021-086 SFD Owner 01/22/2021 No No N/A Approved
16756132 17773 SANTA

GERTRUDES
2021-1499 SFD Owner 10/11/2021 No No N/A Pending Renew exp perm#2019-537
16736322 17092 SANTA
ISABEL
2021-738 SFD Owner 05/25/2021 No No N/A Pending
14336141 16762

BUCKEYE
2021-786 SFD Owner 06/02/2021 No No N/A Pending
14323314 16513

REDWOOD
2021-798 SFD Owner 06/03/2021 No No N/A Approved
15703315 TBD 9790 FINCH The Currents 2021-902 SFD Owner 06/22/2021 No No N/A Pending Plan check for 70 homes
15703315 TBD 9830 FINCH The Currents
(Model Home)
2021-1408 SFD Owner 09/22/2021 No No N/A Pending Plan 1 The Currents
15703315 TBD 9848 FINCH The Currents
(Model Home)
2021-1411 SFD Owner 09/22/2021 No No N/A Pending Plan 2 The Currents
15703315 TBD 9832 FINCH The Currents
(Model Home)
2021-1412 SFD Owner 09/22/2021 No No N/A Pending Plan 3 The Currents
15703315 TBD 18641

WESTWIND
The Currents
(Model Home)
2021-1413 SFD Owner 09/22/2021 No No N/A Pending Plan 4The Currents
14322309 16311

REDWOOD
2021-1066 SFD Owner 07/26/2021 No No N/A Pending
16723201 TBD 9801

STARFISH
Villa Asteria
Plan A
2021-1385 SFD Owner 09/20/2021 No No N/A Pending Actual address TBD
16723201 TBD 9801

STARFISH
Villa Asteria
Plan B
202-1386 SFD Owner 09/20/2021 No No N/A Pending Actual address TBD
FOUNTAIN VALLEY - 2021 7

Page 22 ends

16723201 TBD 9801

STARFISH
Villa Asteria
PlanC
2021-1387 SFD Owner 09/20/2021 No No N/A Pending Actual address TBD
16723201 TBD 9801

STARFISH
Villa Asteria
Plan C2
202-1388 SFD Owner 09/20/2021 No No N/A Pending Actual address TBD
10862330 10355

MORNING
GLORY
2021-1737 SFD Owner 11/18/2021 No No N/A Pending
16908305 10278 AVE

CINCO DE
MAYO
2021-1883 SFD Owner 12/22/2021 No No N/A Pending
14413311 11351

SNOWDROP
#A
2021-059 ADU Renter 01/13/2021 No No N/A Approved
14338564 9985
PETUNIA #A
2021-060 ADU Renter 01/14/2021 No No N/A Approved
16920185 17981 LOS
PESOS #A
2021-071 ADU Renter 01/19/2021 No No N/A Pending
10863221 10584

MORNING
GLORY #A
2021-077 ADU Renter 01/20/2021 No No N/A Approved
15702318 9606

NIGHTINGALE
A
2021-099 ADU Renter 01/26/2021 No No N/A Approved
16908307 10284 AVE

CINCO DE
MAYO #A
2021-110 ADU Renter 01/27/2021 No No N/A Pending
14321322 16384 ASPEN
#A
2021-123 ADU Renter 02/01/2021 No No N/A Approved
14440215 16640
LASSEN# A
2021-189 ADU Renter 02/17/2021 No No N/A Pending
14444210 16243 SAN
JACINTO#A
2021-233 ADU Renter 02/23/2021 No No N/A Pending
10862116 10461 SANTA

MARGARITA
#A
2021-257 ADU Renter 03/01/2021 No No N/A Pending
FOUNTAIN VALLEY - 2021 8

Page 23 ends

14335411 16331

ROSEWOOD
#A
2021-308 ADU Renter 03/11/2021 No No N/A Approved
14408317 11199
LAVENDER#A
2021-430 ADU Renter 04/02/2021 No No N/A Approved
15718214 18441
GIFFORD #A
2021-455 ADU Renter 04/05/2021 No No N/A Approved
14351322 9970
CURRANT #A
2021-464 ADU Renter 04/07/2021 No No N/A Pending
16708305 17075

BUTTONWOO
D #A
2021-472 ADU Renter 04/07/2021 No No N/A Approved
16703119 17674
WALNUT #A
2021-482 ADU Renter 04/07/2021 No No N/A Pending
14325120 16573
WALNUT #A
2021-483 ADU Renter 04/07/2021 No No N/A Pending
16908413 10331 CALLE

INDEPENDEN
CIA #A
2021-501 ADU Renter 04/12/2021 No No N/A Approved
14408221 11199

BEGONIA
2021-535 ADU Renter 04/16/2021 No No N/A Pending
14356329 16072

SWEETLEAF
#A
2021-584 ADU Renter 04/28/2021 No No N/A Pending
14344305 9065

BUTTERCUP
#A
2021-606 ADU Renter 05/03/2021 No No N/A Approved
14321218 16486
HEMLOCK #A
2021-623 ADU Renter 05/05/2021 No No N/A Pending
15714162 9166 ANSON
RIVER #A
2021-655 ADU Renter 05/11/2021 No No N/A Approved
15705104 9705 TOUCAN
#A
2021-678 ADU Renter 05/14/2021 No No N/A Approved
10862409 10382

MORNING
GLORY #A
2021-728 ADU Renter 05/25/2021 No No N/A Pending
15715340 9166 HELM #A 2021-741 ADU Renter 05/27/2021 No No N/A Pending FOUNTAIN VALLEY - 2021 9

Page 24 ends

14415420 11450
SUZETTERIVER #A
2021-815 ADU Renter 06/08/2021 No No N/A Approved
11276204 18081 SANTA

CECILIA A
2021-869 ADU Renter 06/15/2021 No No N/A Pending
14344206 16437

PONDEROSA
#A
2021-934 ADU Renter 06/28/2021 No No N/A Approved
11420308 11734
GLADSTONE#
A
2021-945 ADU Renter 06/29/2021 No No N/A Pending
15705315 18484 BIRCH
#A
2021-964 ADU Renter 07/06/2021 No No N/A Approved
14439405 16202
SHASTA #A
2021-970 ADU Renter 07/07/2021 No No N/A Pending
16903247 10967 LA
CARTA #A
2021-973 ADU Renter 07/07/2021 No No N/A Pending
15612148 10214
JANACA #A
2021-974 ADU Renter 07/07/2021 No No N/A Approved
16906128 10425 CALLE
MADERO #A
2021-1037 ADU Renter 07/21/2021 No No N/A Approved
16918139 10920
SLATER #A
2021-1070 ADU Renter 02/24/2021 No No N/A Pending
14321401 16293 ASPEN
#A
2021-1080 ADU Renter 07/27/2021 No No N/A Pending
11260140 8871

NIGHTINGALE
#A
2021-1082 ADU Renter 07/27/2021 No No N/A Pending
1444215 16026
ELBERT #A
2021-1215 ADU Renter 08/17/2021 No No N/A Approved
11260418 8927
CARDINAL #A
2021-1324 ADU Renter 09/07/2021 No No N/A Pending
14450203 11779
QUARTZ #A
2021-1326 ADU Renter 09/07/2021 No No N/A Pending
14333114 16656 OLIVE
#A
2021-1329 ADU Renter 09/07/2021 No No N/A Pending
FOUNTAIN VALLEY - 2021 10

Page 25 ends

15601313 18837 TETON
# A
2021-1336 ADU Renter 09/08/2021 No No N/A Pending
14406114 16814 TIN

MOUNTAIN
#A
2021-1338 ADU Renter 09/09/2021 No No N/A Approved
14420305 11692
QUARTZ #A
2021-1391 ADU Renter 09/20/2021 No No N/A Pending
14412403 11045
FLOWER #A
2021-1423 ADU Renter 09/27/2021 No No N/A Pending
16751103 17538 SANTA
MARIA #A
2021-1520 ADU Renter 10/14/2021 No No N/A Pending
16937102 10779 EL
PASO #A
2021-1548 ADU Renter 10/19/2021 No No N/A Pending
14415315 11351

DELPHINIUM
#A
2021-1560 ADU Renter 10/25/2021 No No N/A Pending
14404242 11167 MCGEE
RIVER #A
2021-1570 ADU Renter 10/25/2021 No No N/A Pending
16933305 17783 SAN
RAFAEL #A
2021-1597 ADU Renter 11/01/2021 No No N/A Pending
11274324 8985 YUBA
RIVER #A
2021-1646 ADU Renter 11/08/2021 No No N/A Pending
14326134 16573
PINYON #A
2021-1652 ADU Renter 11/08/2021 No No N/A Pending
16920107 10984

GOLDENEYE
#
2021-1676 ADU Renter 11/10/2021 No No N/A Pending
10862204 15915 LAS
FLORES #A
2021-1718 ADU Renter 11/16/2021 No No N/A Pending
14441430 16548
TERREL #A
2021-1758 ADU Renter 11/22/2021 No No N/A Pending
14408412 11142

LAVENDER
#A
2021-1844 ADU Renter 12/15/2021 No No N/A Pending
14332349 9381 DAISY
#A
2021-1860 ADU Renter 12/16/2021 No No N/A Pending
FOUNTAIN VALLEY - 2021 11

Page 26 ends

14337220 16601 APPLE
#A
2021-1882 ADU Renter 12/22/2021 No No N/A Pending
14403313 11069 SUDITH
#A
2021-1891 ADU Renter 12/22/2021 No No N/A Pending
16715115 17860 ASH #A 2021-1894 ADU Renter 12/22/2021 No No N/A Pending14416409 16105 SHASTA #A
2021-1906 ADU Renter 12/30/2021 No No N/A Pending
FOUNTAIN VALLEY - 2021 12

Page 27 ends

2021 FOUNTAIN VALLEY Housing Element Annual Progress Report TABLE A2 - Annual Building Activity Report Summary - New ConstructionEntitlements Project Identifier Affordability by Household Income - Entitlements Current APN Street
Address
Local
Jurisdiction
Tracking ID
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed
Restricted
Low-Income
Deed
Restricted
Low-Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
ModerateIncome Non
Deed
Restricted
Above
ModerateIncome
Entitlement
Date
Approved
# of Units
Issued
Entitlements
16701127 17777
JOSHUA
2018-1516 0 0 0 0 0 0 0 0
16701120 17771
JOSHUA
2018-1520 0 0 0 0 0 0 0 0
14321311 16405
HEMLOCK #A
2019-1895 0 0 0 0 0 0 0 0
10863111 15900 LOS
ALTOS #A
2019-278 0 0 0 0 0 0 0 0
16739119 17232 SANTA
BARBARA #A
2019-460 0 0 0 0 0 0 0 0
14403122 11051 TILTON
#
2019-554 0 0 0 0 0 0 0 0
14410409 11398 IVORY
#A
2019-1552 0 0 0 0 0 0 0 0
14414301 11301 CAROB
#A
2019-1649 0 0 0 0 0 0 0 0
14425134 16788
HARBOR #A
2020-1606 0 0 0 0 0 0 0 0
14425134 16786

HARBOR B
2020-1605 0 0 0 0 0 0 0 0
14425134 16784

HARBOR C
2020-1603 0 0 0 0 0 0 0 0
14425134 16782

HARBOR D
2020-1602 0 0 0 0 0 0 0 0
14338538 9924 ASTER 2020-512 0 0 0 0 0 0 0 0
FOUNTAIN VALLEY - 2021 13

Page 28 ends

14449203 11596
QUARTZ #A
2020-058 0 0 0 0 0 0 0 0
14328421 16694 MAPLE
#A
2020-060 0 0 0 0 0 0 0 0
144441209 16643 SAN
ANDRES #A
2020-209 0 0 0 0 0 0 0 0
16705314 17649 BEECH
#A
2020-257 0 0 0 0 0 0 0 0
15707114 18440
TAMARIND #A
2020-552 0 0 0 0 0 0 0 0
169-333-01 17737 SAN
RAFAEL #A
2020-481 0 0 0 0 0 0 0 0
14444205 16201 SAN
JACINTO #A
2020-603 0 0 0 0 0 0 0 0
14321306 16349
HEMLOCK #A
2020-653 0 0 0 0 0 0 0 0
15751130 17111 WARD 2020-345 0 0 0 0 0 0 0 014408218 11165 Begonia 2020-617 0 0 0 0 0 0 0 016908415 10348 CIR DE JUAREZ
2020-1483 0 0 0 0 0 0 0 0
16930105 10619 EL

PICADOR
2021-086 0 0 0 0 0 0 0 0
14349505 16311

SYCAMORE
2019-384 0 0 0 0 0 0 0 0
16906167 10438
WARNER
2019-440 0 0 0 0 0 0 0 0
16756132 17773 SANTA

GERTRUDES
2021-1499 0 0 0 0 0 0 0 0
16756132 17773 SANTA

GERTRUDES
#A
2021-1500 0 0 0 0 0 0 0 0
16923238 10567 FLYING
FISH
2019-900 0 0 0 0 0 0 0 0
TBD 10430 SAINT
ANNA
2019-1852 0 0 0 0 0 0 0 0
FOUNTAIN VALLEY - 2021 14

Page 29 ends

TBD 10448 SAINT
ANNA
2019-1854 0 0 0 0 0 0 0 0
TBD 10457 SAINT
ANNA
2019-1856 0 0 0 0 0 0 0 0
TBD 10458 SAINT
ANNA
2019-1857 0 0 0 0 0 0 0 0
14412410 11131
FLOWER
2017-1547 0 0 0 0 0 0 0 0
14323314 16513

REDWOOD
2021-798 0 0 0 0 0 0 0 0
14338544 16332
SHASTA #A
2019-043 0 0 0 0 0 0 0 0
14326133 16583 PINYON
A & B
2020-111 0 0 0 0 0 0 0 0
16756121 17811
MAGNOLIA #A
2019-046 0 0 0 0 0 0 0 0
15704209 9791 SWAN #A 2019-127 0 0 0 0 0 0 0 016703103 9207 EL

COLORADO
#A
2019-527 0 0 0 0 0 0 0 0
16709204 9648 WARNER
#A
2019-1114 0 0 0 0 0 0 0 0
14415313 11301

DELPHINIUM
#A
2019-1231 0 0 0 0 0 0 0 0
15712305 9620 PUFFIN
#A
2019-1331 0 0 0 0 0 0 0 0
11276135 18409 SANTA
CLAUDIA #A
2019-1585 0 0 0 0 0 0 0 0
16743320 17406 SANTA
ISABEL #A
2019-1825 0 0 0 0 0 0 0 0
14342224 9935
KENDALL #A
2019-1832 0 0 0 0 0 0 0 0
14342404 9910 DEBIOIS
#A
2020-056 0 0 0 0 0 0 0 0
FOUNTAIN VALLEY - 2021 15

Page 30 ends

14326136 16549 PINYON
#A
2020-157 0 0 0 0 0 0 0 0
14442106 16072
CARLETON #A
2020-302 0 0 0 0 0 0 0 0
15728147 18886
ARBUTUS #A
2020-484 0 0 0 0 0 0 0 0
14439505 16165
SHASTA #A
2020-541 0 0 0 0 0 0 0 0
14353106 9714
CHENILLE #A
2020-730 0 0 0 0 0 0 0 0
15712115 9564

TURTLEDOVE
#A
2020-813 0 0 0 0 0 0 0 0
14441422 16642 TERREL
#A
2020-824 0 0 0 0 0 0 0 0
16743324 17360 SANTA
ISABEL #A
2020-836 0 0 0 0 0 0 0 0
14409225 16549 MT
NEOTA #A
2020-1029 0 0 0 0 0 0 0 0
16722162 17266 FLAME
TREE #A
2020-1191 0 0 0 0 0 0 0 0
16751214 8510 EL
ARROYO #A
2020-1291 0 0 0 0 0 0 0 0
14336138 16793
BUCKEYE #A
2020-1301 0 0 0 0 0 0 0 0
14417209 11561 AZALEA
#A
2020-1348 0 0 0 0 0 0 0 0
14447201 11016

STONECRESS
#A
2020-1372 0 0 0 0 0 0 0 0
14441424 16618 TERREL
#A
2020-1378 0 0 0 0 0 0 0 0
16721136 9745 LA
CAPILLA #A
2020-1485 0 0 0 0 0 0 0 0
16725210 9813

STURGEON
#A
2020-1536 0 0 0 0 0 0 0 0
FOUNTAIN VALLEY - 2021 16

Page 31 ends

14413311 11351

SNOWDROP
#A
2021-059 0 0 0 0 0 0 0 0
14338564 9985 PETUNIA 2021-060 0 0 0 0 0 0 0 010863221 10584

MORNING
GLORY #A
2021-077 0 0 0 0 0 0 0 0
15702318 9606

NIGHTINGALE
#A
2020-099 0 0 0 0 0 0 0 0
14321322 16384 ASPEN
#A
2021-123 0 0 0 0 0 0 0 0
14335411 16331
ROSEWOODv
#A
2021-308 0 0 0 0 0 0 0 0
14408317 11199
LAVENDER #A
2021-430 0 0 0 0 0 0 0 0
15718214 18441
GIFFORD #A
2021-455 0 0 0 0 0 0 0 0
16708305 17075

BUTTONWOO
D #A
2021-472 0 0 0 0 0 0 0 0
16908413 10331 CALLE

INDEPENDEN
CIA #A
2021-501 0 0 0 0 0 0 0 0
14344305 9065

BUTTERCUP
#A
2021-606 0 0 0 0 0 0 0 0
15714162 9166 ANSON
RIVER #A
2021-655 0 0 0 0 0 0 0 0
15705104 9705 TOUCAN
#A
2021-678 0 0 0 0 0 0 0 0
14415420 11450

SUZETTE
RIVER #A
2021-815 0 0 0 0 0 0 0 0
FOUNTAIN VALLEY - 2021 17

Page 32 ends

14344206 16437

PONDEROSA
#A
2021-934 0 0 0 0 0 0 0 0
15705315 18484 BIRCH
#A
2021-964 0 0 0 0 0 0 0 0
15612148 10214 JANACA
#A
2021-974 0 0 0 0 0 0 0 0
16906128 10425 CALLE
MADERO #A
2021-1037 0 0 0 0 0 0 0 0
1444215 16026 ELBERT
#A
2021-1215 0 0 0 0 0 0 0 0
14406114 16814 TIN
MOUNTAIN #A
2021-1338 0 0 0 0 0 0 0 0
Totals 0 0 0 0 0 0 0 0
FOUNTAIN VALLEY - 2021 18

Page 33 ends

Building Permits
Project Identifier Affordability by Household Income - Building Permits Current APN Street
Address
Local
Jurisdiction
Tracking ID
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed
Restricted
Low-Income
Deed
Restricted
Low-Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
ModerateIncome Non
Deed
Restricted
Above
ModerateIncome
Building
Permits Date
Issued
# of Units
Issued
Building
Permits
16701127 17777
JOSHUA
2018-1516 0 0 0 0 0 0 0 0
16701120 17771
JOSHUA
2018-1520 0 0 0 0 0 0 0 0
14321311 16405
HEMLOCK #A
2019-1895 0 0 0 0 0 0 0 0
10863111 15900 LOS
ALTOS #A
2019-278 0 0 0 0 0 0 0 0
16739119 17232 SANTA
BARBARA #A
2019-460 0 0 0 0 0 0 0 0
14403122 11051 TILTON
#
2019-554 0 0 0 0 0 0 0 0
14410409 11398 IVORY
#A
2019-1552 0 0 0 0 0 0 0 0
14414301 11301 CAROB
#A
2019-1649 0 0 0 0 0 0 0 0
14425134 16788
HARBOR #A
2020-1606 7 0 0 0 0 0 0 01/22/2021 7
14425134 16786

HARBOR B
2020-1605 3 0 5 0 0 0 0 01/22/2021 8
14425134 16784

HARBOR C
2020-1603 12 0 0 0 0 0 0 01/11/2021 12
14425134 16782

HARBOR D
2020-1602 23 0 0 0 0 0 0 01/11/2021 23
14338538 9924 ASTER 2020-512 0 0 0 0 0 0 0 014449203 11596 QUARTZ #A
2020-058 0 0 0 0 0 0 0 0
14328421 16694 MAPLE
#A
2020-060 0 0 0 0 0 0 0 0
FOUNTAIN VALLEY - 2021 19

Page 34 ends

144441209 16643 SAN
ANDRES #A
2020-209 0 0 0 0 0 0 0 0
16705314 17649 BEECH
#A
2020-257 0 0 0 0 0 0 0 0
15707114 18440
TAMARIND #A
2020-552 0 0 0 0 0 0 0 0
169-333-01 17737 SAN
RAFAEL #A
2020-481 0 0 0 0 0 0 0 0
14444205 16201 SAN
JACINTO #A
2020-603 0 0 0 0 0 0 0 0
14321306 16349
HEMLOCK #A
2020-653 0 0 0 0 0 0 0 0
15751130 17111 WARD 2020-345 0 0 0 0 0 0 1 11/09/2021 114408218 11165 Begonia 2020-617 0 0 0 0 0 0 1 06/01/2021 116908415 10348 CIR DE JUAREZ
2020-1483 0 0 0 0 0 0 1 11/30/2021 1
16930105 10619 EL

PICADOR
2021-086 0 0 0 0 0 0 1 07/26/2021 1
14349505 16311

SYCAMORE
2019-384 0 0 0 0 0 0 0 0
16906167 10438
WARNER
2019-440 0 0 0 0 0 0 0 0
16756132 17773 SANTA

GERTRUDES
2021-1499 0 0 0 0 0 0 1 10/11/2021 1
16756132 17773 SANTA

GERTRUDES
#A
2021-1500 0 0 0 0 0 0 1 10/11/2021 1
16923238 10567 FLYING
FISH
2019-900 0 0 0 0 0 0 0 0
TBD 10430 SAINT
ANNA
2019-1852 0 0 0 0 0 0 1 01/05/2021 1
TBD 10448 SAINT
ANNA
2019-1854 0 0 0 0 0 0 1 01/05/2021 1
TBD 10457 SAINT
ANNA
2019-1856 0 0 0 0 0 0 1 01/08/2021 1
FOUNTAIN VALLEY - 2021 20

Page 35 ends

TBD 10458 SAINT
ANNA
2019-1857 0 0 0 0 0 0 1 01/08/2021 1
14412410 11131
FLOWER
2017-1547 0 0 0 0 0 0 0 0
14323314 16513

REDWOOD
2021-798 0 0 0 0 0 0 1 09/27/2021 1
14338544 16332
SHASTA #A
2019-043 0 0 0 0 0 0 0 0
14326133 16583 PINYON
A & B
2020-111 0 2 0 0 0 0 0 01/26/2021 2
16756121 17811
MAGNOLIA #A
2019-046 0 1 0 0 0 0 0 06/03/2021 1
15704209 9791 SWAN #A 2019-127 0 0 0 0 0 0 0 016703103 9207 EL

COLORADO
#A
2019-527 0 0 0 0 0 0 0 0
16709204 9648 WARNER
#A
2019-1114 0 0 0 0 0 0 0 0
14415313 11301

DELPHINIUM
#A
2019-1231 0 0 0 0 0 0 0 0
15712305 9620 PUFFIN
#A
2019-1331 0 0 0 0 0 0 0 0
11276135 18409 SANTA
CLAUDIA #A
2019-1585 0 1 0 0 0 0 0 06/10/2021 1
16743320 17406 SANTA
ISABEL #A
2019-1825 0 1 0 0 0 0 0 10/14/2021 1
14342224 9935
KENDALL #A
2019-1832 0 1 0 0 0 0 0 01/13/2021 1
14342404 9910 DEBIOIS
#A
2020-056 0 1 0 0 0 0 0 04/29/2021 1
14326136 16549 PINYON
#A
2020-157 0 1 0 0 0 0 0 03/23/2021 1
14442106 16072
CARLETON #A
2020-302 0 1 0 0 0 0 0 09/09/2021 1
FOUNTAIN VALLEY - 2021 21

Page 36 ends

15728147 18886
ARBUTUS #A
2020-484 0 1 0 0 0 0 0 04/22/2021 1
14439505 16165
SHASTA #A
2020-541 0 1 0 0 0 0 0 09/14/2021 1
14353106 9714
CHENILLE #A
2020-730 0 1 0 0 0 0 0 07/20/2021 1
15712115 9564

TURTLEDOVE
#A
2020-813 0 1 0 0 0 0 0 05/24/2021 1
14441422 16642 TERREL
#A
2020-824 0 1 0 0 0 0 0 04/12/2021 1
16743324 17360 SANTA
ISABEL #A
2020-836 0 1 0 0 0 0 0 06/14/2021 1
14409225 16549 MT
NEOTA #A
2020-1029 0 1 0 0 0 0 0 02/17/2021 1
16722162 17266 FLAME
TREE #A
2020-1191 0 1 0 0 0 0 0 10/15/2021 1
16751214 8510 EL
ARROYO #A
2020-1291 0 1 0 0 0 0 0 02/10/2021 1
14336138 16793
BUCKEYE #A
2020-1301 0 1 0 0 0 0 0 03/04/2021 1
14417209 11561 AZALEA
#A
2020-1348 0 1 0 0 0 0 0 06/09/2021 1
14447201 11016

STONECRESS
#A
2020-1372 0 1 0 0 0 0 0 03/29/2021 1
14441424 16618 TERREL
#A
2020-1378 0 1 0 0 0 0 0 05/17/2021 1
16721136 9745 LA
CAPILLA #A
2020-1485 0 1 0 0 0 0 0 08/05/2021 1
16725210 9813

STURGEON
#A
2020-1536 0 1 0 0 0 0 0 08/10/2021 1
14413311 11351

SNOWDROP
#A
2021-059 0 1 0 0 0 0 0 09/14/2021 1
14338564 9985 PETUNIA 2021-060 0 1 0 0 0 0 0 11/29/2021 1 FOUNTAIN VALLEY - 2021 22

Page 37 ends

10863221 10584

MORNING
GLORY #A
2021-077 0 1 0 0 0 0 0 06/23/2021 1
15702318 9606

NIGHTINGALE
#A
2020-099 0 1 0 0 0 0 0 06/23/2021 1
14321322 16384 ASPEN
#A
2021-123 0 1 0 0 0 0 0 06/21/2021 1
14335411 16331
ROSEWOODv
#A
2021-308 0 1 0 0 0 0 0 06/22/2021 1
14408317 11199
LAVENDER #A
2021-430 0 1 0 0 0 0 0 07/07/2021 1
15718214 18441
GIFFORD #A
2021-455 0 1 0 0 0 0 0 08/09/2021 1
16708305 17075

BUTTONWOO
D #A
2021-472 0 1 0 0 0 0 0 07/26/2021 1
16908413 10331 CALLE

INDEPENDEN
CIA #A
2021-501 0 1 0 0 0 0 0 09/27/2021 1
14344305 9065

BUTTERCUP
#A
2021-606 0 1 0 0 0 0 0 08/30/2021 1
15714162 9166 ANSON
RIVER #A
2021-655 0 1 0 0 0 0 0 07/20/2021 1
15705104 9705 TOUCAN
#A
2021-678 0 1 0 0 0 0 0 08/23/2021 1
14415420 11450

SUZETTE
RIVER #A
2021-815 0 1 0 0 0 0 0 12/15/2021 1
14344206 16437

PONDEROSA
#A
2021-934 0 1 0 0 0 0 0 10/13/2021 1
15705315 18484 BIRCH
#A
2021-964 0 1 0 0 0 0 0 12/09/2021 1
FOUNTAIN VALLEY - 2021 23

Page 38 ends

15612148 10214 JANACA
#A
2021-974 0 1 0 0 0 0 0 11/30/2021 1
16906128 10425 CALLE
MADERO #A
2021-1037 0 1 0 0 0 0 0 10/13/2021 1
1444215 16026 ELBERT
#A
2021-1215 0 1 0 0 0 0 0 12/13/2021 1
14406114 16814 TIN
MOUNTAIN #A
2021-1338 0 1 0 0 0 0 0 12/10/2021 1
Totals 45 44 5 0 0 0 11 105
FOUNTAIN VALLEY - 2021 24

Page 39 ends

Certificate of Occupancy
Project Identifier Affordability by Household Income - Certificate of Occupancy Current APN Street
Address
Local
Jurisdiction
Tracking ID
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed
Restricted
Low-Income
Deed
Restricted
Low-Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
ModerateIncome Non
Deed
Restricted
Above
ModerateIncome
Certificates of
Occupancy or
other forms of
readiness
Date Issued
# of Units
Issued
Certificates ofOccupancy or
other forms of
readiness
16701127 17777
JOSHUA
2018-1516 0 0 0 0 0 0 1 04/12/2021 1
16701120 17771
JOSHUA
2018-1520 0 0 0 0 0 0 1 01/14/2021 1
14321311 16405
HEMLOCK #A
2019-1895 0 1 0 0 0 0 0 03/02/2021 1
10863111 15900 LOS
ALTOS #A
2019-278 0 1 0 0 0 0 0 05/10/2021 1
16739119 17232 SANTA
BARBARA #A
2019-460 0 1 0 0 0 0 0 05/28/2021 1
14403122 11051 TILTON
#
2019-554 0 1 0 0 0 0 0 02/05/2021 1
14410409 11398 IVORY
#A
2019-1552 0 1 0 0 0 0 0 10/13/2021 1
14414301 11301 CAROB
#A
2019-1649 0 1 0 0 0 0 0 06/15/2021 1
14425134 16788
HARBOR #A
2020-1606 0 0 0 0 0 0 0 0
14425134 16786

HARBOR B
2020-1605 0 0 0 0 0 0 0 0
14425134 16784

HARBOR C
2020-1603 0 0 0 0 0 0 0 0
14425134 16782

HARBOR D
2020-1602 0 0 0 0 0 0 0 0
14338538 9924 ASTER 2020-512 0 0 0 0 0 0 1 04/08/2021 114449203 11596 QUARTZ #A
2020-058 0 1 0 0 0 0 0 08/12/2021 1
FOUNTAIN VALLEY - 2021 25

Page 40 ends

14328421 16694 MAPLE
#A
2020-060 0 1 0 0 0 0 0 12/23/2021 1
144441209 16643 SAN
ANDRES #A
2020-209 0 1 0 0 0 0 0 04/26/2021 1
16705314 17649 BEECH
#A
2020-257 0 1 0 0 0 0 0 03/04/2021 1
15707114 18440
TAMARIND #A
2020-552 0 1 0 0 0 0 0 02/04/2021 1
169-333-01 17737 SAN
RAFAEL #A
2020-481 0 1 0 0 0 0 0 03/10/2021 1
14444205 16201 SAN
JACINTO #A
2020-603 0 1 0 0 0 0 0 11/15/2021 1
14321306 16349
HEMLOCK #A
2020-653 0 1 0 0 0 0 0 01/20/2021 1
15751130 17111 WARD 2020-345 0 0 0 0 0 0 0 014408218 11165 Begonia 2020-617 0 0 0 0 0 0 0 016908415 10348 CIR DE JUAREZ
2020-1483 0 0 0 0 0 0 0 0
16930105 10619 EL

PICADOR
2021-086 0 0 0 0 0 0 0 0
14349505 16311

SYCAMORE
2019-384 0 0 0 0 0 0 1 02/24/2021 1
16906167 10438
WARNER
2019-440 0 0 0 0 0 0 1 12/20/2021 1
16756132 17773 SANTA

GERTRUDES
2021-1499 0 0 0 0 0 0 0 0
16756132 17773 SANTA

GERTRUDES
#A
2021-1500 0 0 0 0 0 0 0 0
16923238 10567 FLYING
FISH
2019-900 0 0 0 0 0 0 1 01/13/2021 1
TBD 10430 SAINT
ANNA
2019-1852 0 0 0 0 0 0 0 0
TBD 10448 SAINT
ANNA
2019-1854 0 0 0 0 0 0 0 0
FOUNTAIN VALLEY - 2021 26

Page 41 ends

TBD 10457 SAINT
ANNA
2019-1856 0 0 0 0 0 0 0 0
TBD 10458 SAINT
ANNA
2019-1857 0 0 0 0 0 0 0 0
14412410 11131
FLOWER
2017-1547 0 0 0 0 0 0 1 03/30/2021 1
14323314 16513

REDWOOD
2021-798 0 0 0 0 0 0 0 0
14338544 16332
SHASTA #A
2019-043 0 1 0 0 0 0 0 01/28/2021 1
14326133 16583 PINYON
A & B
2020-111 0 2 0 0 0 0 0 08/04/2021 2
16756121 17811
MAGNOLIA #A
2019-046 0 1 0 0 0 0 0 12/09/2021 1
15704209 9791 SWAN #A 2019-127 0 1 0 0 0 0 0 05/24/2021 116703103 9207 EL

COLORADO
#A
2019-527 0 1 0 0 0 0 0 08/25/2021 1
16709204 9648 WARNER
#A
2019-1114 0 1 0 0 0 0 0 02/18/2021 1
14415313 11301

DELPHINIUM
#A
2019-1231 0 1 0 0 0 0 0 01/19/2021 1
15712305 9620 PUFFIN
#A
2019-1331 0 1 0 0 0 0 0 01/11/2021 1
11276135 18409 SANTA
CLAUDIA #A
2019-1585 0 0 0 0 0 0 0 0
16743320 17406 SANTA
ISABEL #A
2019-1825 0 0 0 0 0 0 0 0
14342224 9935
KENDALL #A
2019-1832 0 0 0 0 0 0 0 0
14342404 9910 DEBIOIS
#A
2020-056 0 0 0 0 0 0 0 0
14326136 16549 PINYON
#A
2020-157 0 0 0 0 0 0 0 0
FOUNTAIN VALLEY - 2021 27

Page 42 ends

14442106 16072
CARLETON #A
2020-302 0 0 0 0 0 0 0 0
15728147 18886
ARBUTUS #A
2020-484 0 0 0 0 0 0 0 0
14439505 16165
SHASTA #A
2020-541 0 0 0 0 0 0 0 0
14353106 9714
CHENILLE #A
2020-730 0 0 0 0 0 0 0 0
15712115 9564

TURTLEDOVE
#A
2020-813 0 0 0 0 0 0 0 0
14441422 16642 TERREL
#A
2020-824 0 0 0 0 0 0 0 0
16743324 17360 SANTA
ISABEL #A
2020-836 0 1 0 0 0 0 0 11/17/2021 1
14409225 16549 MT
NEOTA #A
2020-1029 0 0 0 0 0 0 0 0
16722162 17266 FLAME
TREE #A
2020-1191 0 0 0 0 0 0 0 0
16751214 8510 EL
ARROYO #A
2020-1291 0 1 0 0 0 0 0 07/13/2021 1
14336138 16793
BUCKEYE #A
2020-1301 0 0 0 0 0 0 0 0
14417209 11561 AZALEA
#A
2020-1348 0 0 0 0 0 0 0 0
14447201 11016

STONECRESS
#A
2020-1372 0 1 0 0 0 0 0 11/29/2021 1
14441424 16618 TERREL
#A
2020-1378 0 0 0 0 0 0 0 0
16721136 9745 LA
CAPILLA #A
2020-1485 0 0 0 0 0 0 0 0
16725210 9813

STURGEON
#A
2020-1536 0 0 0 0 0 0 0 0
FOUNTAIN VALLEY - 2021 28

Page 43 ends

14413311 11351

SNOWDROP
#A
2021-059 0 0 0 0 0 0 0 0
14338564 9985 PETUNIA 2021-060 0 0 0 0 0 0 0 010863221 10584

MORNING
GLORY #A
2021-077 0 0 0 0 0 0 0 0
15702318 9606

NIGHTINGALE
#A
2020-099 0 0 0 0 0 0 0 0
14321322 16384 ASPEN
#A
2021-123 0 0 0 0 0 0 0 0
14335411 16331
ROSEWOODv
#A
2021-308 0 1 0 0 0 0 0 12/29/2021 1
14408317 11199
LAVENDER #A
2021-430 0 0 0 0 0 0 0 0
15718214 18441
GIFFORD #A
2021-455 0 0 0 0 0 0 0 0
16708305 17075

BUTTONWOO
D #A
2021-472 0 1 0 0 0 0 0 10/12/2021 1
16908413 10331 CALLE

INDEPENDEN
CIA #A
2021-501 0 0 0 0 0 0 0 0
14344305 9065

BUTTERCUP
#A
2021-606 0 1 0 0 0 0 0 11/17/2021 1
15714162 9166 ANSON
RIVER #A
2021-655 0 0 0 0 0 0 0 0
15705104 9705 TOUCAN
#A
2021-678 0 0 0 0 0 0 0 0
14415420 11450

SUZETTE
RIVER #A
2021-815 0 0 0 0 0 0 0 0
FOUNTAIN VALLEY - 2021 29

Page 44 ends

14344206 16437

Page 45 ends

Project Information
Project Identifier Unit Types Housing with
Financial
Assistance and/or
Deed Restrictions
Demolished/Destroyed Units
Units?
Prior
APN
Current
APN
Street
Address
Project
Name
Local
Jurisdicti
on
Tracking
ID
Unit
Category
Tenure Extremel
y Low
Income
Units
Was
Project
Approve
d using
SB 35
Streamli
ning?
Infill
Units?
Assistan
ce
Program
s for
each
Develop
ment
Deed
Restricti
on Type
Housing
without
Financial
Assistan
ce or
Deed
Restricti
ons
Term of
Affordabi
lity or
Deed
Restricti
on
Number
of
Demolish
ed/
Destroye
d Units
Demolish
ed or
Destroye
d Units?
Demolish
ed/ or
Destroye
d Units
Owner or
Renter
Notes
16701127 17777
JOSHUA
2018-
1516
SFD Owner 1 N Y 1 Demolish
ed

O ADDRES
SCHANGED FROM17759
16701127 16701120 17771
JOSHUA
2018-
1520
SFD Owner 1 N Y 0
14321311 16405
HEMLOC
K #A
2019-
1895
ADU Renter 1 N Y CITY
ADU
RENT
SURVEY
0 10863111 15900
LOS
ALTOS
#A
2019-278 ADU Renter 1 N Y CITY
ADU
RENT
SURVEY
0 16739119 17232
SANTA
BARBAR
A #A
2019-460 ADU Renter 1 N Y CITY
ADU
RENT
SURVEY
0 14403122 11051
TILTON
#
2019-554 ADU Renter 1 N Y CITY
ADU
RENT
SURVEY
0 FOUNTAIN VALLEY - 2021 31

Page 46 ends

14410409 11398
IVORY
#A
2019-
1552
ADU Renter 1 N Y CITY
ADU
RENT
SURVEY
0 14414301 11301
CAROB
#A
2019-
1649
ADU Renter 1 N Y CITY
ADU
RENT
SURVEY
0 14425134 16788
HARBOR
#A
2020-
1606
5+ Renter 0 N Y RDA Other 55 0
14425134 16786
HARBOR
B
2020-
1605
5+ Renter 0 N Y RDA Other 55 0
14425134 16784
HARBOR
C
2020-
1603
5+ Renter 0 N Y RDA Other 55 0
14425134 16782
HARBOR
D
2020-
1602
5+ Renter 0 N Y RDA Other 55 0
14338538 9924
ASTER
2020-512 SFD Owner 1 N Y 1 Demolish
ed
O
14449203 11596
QUARTZ
#A
2020-058 ADU Renter 1 N Y CITY
ADU
RENT
SURVEY
0 14328421 16694
MAPLE
#A
2020-060 ADU Renter 1 N Y CITY
ADU
RENT
SURVEY
0 14444120
9 16643
SAN
ANDRES
#A
2020-209 ADU Renter 1 N Y CITY
ADU
RENT
SURVEY
0 16705314 17649
BEECH
#A
2020-257 ADU Renter 1 N Y CITY
ADU
RENT
SURVEY
0 FOUNTAIN VALLEY - 2021 32

Page 47 ends

15707114 18440

TAMARIN
D #A
2020-552 ADU Renter 1 N Y CITY
ADU
RENT
SURVEY
0 169-333-
01 17737
SAN
RAFAEL
#A
2020-481 ADU Renter 1 N Y CITY
ADU
RENT
SURVEY
0 14444205 16201
SAN

JACINTO
#A
2020-603 ADU Renter 1 N Y CITY
ADU
RENT
SURVEY
0 14321306 16349
HEMLOC
K #A
2020-653 ADU Renter 1 N Y CITY
ADU
RENT
SURVEY
0 15751130 17111
WARD
2020-345 SFD Owner 0 N Y 1 Demolish
ed
O
14408218 11165
Begonia
2020-617 SFD Owner 0 N Y 1 Demolish
ed
O
16908415 10348
CIR DE
JUAREZ
2020-
1483
SFD Owner 0 N Y 1 Demolish
ed
O
16930105 10619 EL
PICADO
R
2021-086 SFD Owner 0 N Y 1 Demolish
ed
O
14349505 16311
SYCAMO
RE
2019-384 SFD Owner 1 N Y 1 Demolish
ed
O
16906167 10438
WARNER
2019-440 SFD Owner 1 N Y 0
16756132 17773
SANTA
GERTRU
DES
2021-
1499
SFD Owner 0 N Y 0
FOUNTAIN VALLEY - 2021 33

Page 48 ends

16756132 17773
SANTA
GERTRU
DES #A
2021-
1500
ADU Renter 0 N Y 0
16923238 10567
FLYING
FISH
2019-900 SFD Owner 1 N Y 1 Demolish
ed
O
TBD 10430
SAINT
ANNA
2019-
1852
SFD Owner 0 N Y 0
TBD 10448
SAINT
ANNA
2019-
1854
SFD Owner 0 N Y 0
TBD 10457
SAINT
ANNA
2019-
1856
SFD Owner 0 N Y 0
TBD 10458
SAINT
ANNA
2019-
1857
SFD Owner 0 N Y 0
14412410 11131
FLOWER
2017-
1547
SFD Owner 1 N Y 1 Demolish
ed
O
14323314 16513
REDWO
OD
2021-798 SFD Owner 0 N Y 1 Demolish
ed
O
14338544 16332
SHASTA
#A
2019-043 ADU Renter 1 N Y CITY
ADU
RENT
SURVEY
0 14326133 16583
PINYON
A & B
2020-111 ADU Renter 2 N Y CITY
ADU
RENT
SURVEY
0 16756121 17811
MAGNOL
IA #A
2019-046 ADU Renter 1 N Y CITY
ADU
RENT
SURVEY
0 FOUNTAIN VALLEY - 2021 34

Page 49 ends

15704209 9791
SWAN #A
2019-127 ADU Renter 1 N Y CITY
ADU
RENT
SURVEY
0 16703103 9207 EL
COLORA
DO #A
2019-527 ADU Renter 1 N Y CITY
ADU
RENT
SURVEY
0 16709204 9648
WARNER
#A
2019-
1114
ADU Renter 1 N Y CITY
ADU
RENT
SURVEY
0 14415313 11301

DELPHIN
IUM #A
2019-
1231
ADU Renter 1 N Y CITY
ADU
RENT
SURVEY
0 15712305 9620
PUFFIN
#A
2019-
1331
ADU Renter 1 N Y CITY
ADU
RENT
SURVEY
0 11276135 18409
SANTA

CLAUDIA
#A
2019-
1585
ADU Renter 0 N Y CITY
ADU
RENT
SURVEY
0 16743320 17406
SANTA
ISABEL
#A
2019-
1825
ADU Renter 0 N Y CITY
ADU
RENT
SURVEY
0 14342224 9935
KENDAL
L #A
2019-
1832
ADU Renter 0 N Y CITY
ADU
RENT
SURVEY
0 14342404 9910

DEBIOIS
#A
2020-056 ADU Renter 0 N Y CITY
ADU
RENT
SURVEY
0 FOUNTAIN VALLEY - 2021 35

Page 50 ends

14326136 16549
PINYON
#A
2020-157 ADU Renter 0 N Y CITY
ADU
RENT
SURVEY
0 14442106 16072
CARLET
ON #A
2020-302 ADU Renter 0 N Y CITY
ADU
RENT
SURVEY
0 15728147 18886
ARBUTU
S #A
2020-484 ADU Renter 0 N Y CITY
ADU
RENT
SURVEY
0 14439505 16165
SHASTA
#A
2020-541 ADU Renter 0 N Y CITY
ADU
RENT
SURVEY
0 14353106 9714

CHENILL
E #A
2020-730 ADU Renter 0 N Y CITY
ADU
RENT
SURVEY
0 15712115 9564
TURTLE
DOVE #A
2020-813 ADU Renter 0 N Y CITY
ADU
RENT
SURVEY
0 14441422 16642
TERREL
#A
2020-824 ADU Renter 0 N Y CITY
ADU
RENT
SURVEY
0 16743324 17360
SANTA
ISABEL
#A
2020-836 ADU Renter 1 N Y CITY
ADU
RENT
SURVEY
0 14409225 16549 MT
NEOTA
#A
2020-
1029
ADU Renter 0 N Y CITY
ADU
RENT
SURVEY
0 FOUNTAIN VALLEY - 2021 36

Page 51 ends

16722162 17266
FLAME
TREE #A
2020-
1191
ADU Renter 0 N Y CITY
ADU
RENT
SURVEY
0 16751214 8510 EL
ARROYO
#A
2020-
1291
ADU Renter 1 N Y CITY
ADU
RENT
SURVEY
0 14336138 16793
BUCKEY
E #A
2020-
1301
ADU Renter 0 N Y CITY
ADU
RENT
SURVEY
0 14417209 11561
AZALEA
#A
2020-
1348
ADU Renter 0 N Y CITY
ADU
RENT
SURVEY
0 14447201 11016
STONEC
RESS #A
2020-
1372
ADU Renter 1 N Y CITY
ADU
RENT
SURVEY
0 14441424 16618
TERREL
#A
2020-
1378
ADU Renter 0 N Y CITY
ADU
RENT
SURVEY
0 16721136 9745 LA

CAPILLA
#A
2020-
1485
ADU Renter 0 N Y CITY
ADU
RENT
SURVEY
0 16725210 9813
STURGE
ON #A
2020-
1536
ADU Renter 0 N Y CITY
ADU
RENT
SURVEY
0 14413311 11351
SNOWD
ROP #A
2021-059 ADU Renter 0 N Y CITY
ADU
RENT
SURVEY
0 FOUNTAIN VALLEY - 2021 37

Page 52 ends

14338564 9985

PETUNIA
2021-060 ADU Renter 0 N Y CITY
ADU
RENT
SURVEY
0 10863221 10584
MORNIN
G
GLORY
#A
2021-077 ADU Renter 0 N Y CITY
ADU
RENT
SURVEY
0 15702318 9606

NIGHTIN
GALE #A
2020-099 ADU Renter 0 N Y CITY
ADU
RENT
SURVEY
0 14321322 16384
ASPEN
#A
2021-123 ADU Renter 0 N Y CITY
ADU
RENT
SURVEY
0 14335411 16331
ROSEW
OODv #A
2021-308 ADU Renter 1 N Y CITY
ADU
RENT
SURVEY
0 14408317 11199
LAVEND
ER #A
2021-430 ADU Renter 0 N Y CITY
ADU
RENT
SURVEY
0 15718214 18441

GIFFORD
#A
2021-455 ADU Renter 0 N Y CITY
ADU
RENT
SURVEY
0 16708305 17075
BUTTON
WOOD
#A
2021-472 ADU Renter 1 N Y CITY
ADU
RENT
SURVEY
0 16908413 10331
CALLE

INDEPEN
DENCIA
#A
2021-501 ADU Renter 0 N Y CITY
ADU
RENT
SURVEY
0 FOUNTAIN VALLEY - 2021 38

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14344305 9065
BUTTER
CUP #A
2021-606 ADU Renter 1 N Y CITY
ADU
RENT
SURVEY
0 15714162 9166
ANSON
RIVER
#A
2021-655 ADU Renter 0 N Y CITY
ADU
RENT
SURVEY
0 15705104 9705
TOUCAN
#A
2021-678 ADU Renter 0 N Y CITY
ADU
RENT
SURVEY
0 14415420 11450
SUZETT

E RIVER
#A
2021-815 ADU Renter 0 N Y CITY
ADU
RENT
SURVEY
0 14344206 16437
PONDER
OSA #A
2021-934 ADU Renter 0 N Y CITY
ADU
RENT
SURVEY
0 15705315 18484
BIRCH
#A
2021-964 ADU Renter 0 N Y CITY
ADU
RENT
SURVEY
0 15612148 10214
JANACA
#A
2021-974 ADU Renter 0 N Y CITY
ADU
RENT
SURVEY
0 16906128 10425
CALLE
MADERO
#A
2021-
1037
ADU Renter 0 N Y CITY
ADU
RENT
SURVEY
0 1444215 16026
ELBERT
#A
2021-
1215
ADU Renter 0 N Y CITY
ADU
RENT
SURVEY
0 FOUNTAIN VALLEY - 2021 39

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14406114 16814
TIN
MOUNTA
IN #A
2021-
1338
ADU Renter 0 N Y CITY
ADU
RENT
SURVEY
0 Density Bonus
Project Identifier Density Bonus
Current APN Street Address Local Jurisdiction
Tracking ID
Deed Restriction Type Total Density Bonus
Applied to the Project
(Percentage Increase
in Total Allowable
Units or Total
Maximum Allowable
Residential Gross
Floor Area)
Number of Other
Incentives,
Concessions,
Waivers, or Other
Modifications Given to
the Project (Excluding
Parking Waivers or
Parking Reductions)
List the incentives,
concessions, waivers,
and modifications
(Excluding ParkingWaivers or Parking
Modifications)
Did the project receive
a reduction or waiver
of parking standards?
(Y/N)
FOUNTAIN VALLEY - 2021 40

Page 55 ends

Very Low* 83
Deed
restricted
0 0 0 0 0 0 0 0 45
127 0
NonRestricted 0 0 0 0 0 0 0 38 44
Low 59
Deed
restricted
0 0 0 0 0 0 0 0 5
35 24
NonRestricted 0 0 0 0 0 13 17 0 0
Moderate 65
Deed
restricted
0 0 0 0 0 0 0 0 0
12 53
NonRestricted 0 0 0 0 6 0 6 0 0
Above
Moderate
151 0 6 6 10 8 4 155 13 11 213 0
Total Units 0 6 6 10 14 17 178 51 105 387
Total RHNA 358 Total Remaining Need for RHNA Period 77
*Note: Units serving extremely low-income households are included in the very low-income permitted units totals 2021 FOUNTAIN VALLEY Housing Element Annual Progress Report TABLE B - Regional Housing Needs Allocation ProgressPermitted Units Issued by Affordability Income
Level
RHNA
Allocation
Restrictions Year 1 -
2013
Year 2 -
2014
Year 3 -
2015
Year 4 -
2016
Year 5 -
2017
Year 6 -
2018
Year 7 -
2019
Year 8 -
2020
Year 9 -
2021
Total Units
to Date (all
years)
Total
Remaining
RHNA by
Income
Level
FOUNTAIN VALLEY - 2021 41

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2021 FOUNTAIN VALLEY Housing Element Annual Progress Report TABLE C - Sites Identified or Rezoned to Accommodate Shortfall Housing Need No Data Available
FOUNTAIN VALLEY - 2021 42

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2021 FOUNTAIN VALLEY Housing Element Annual Progress Report TABLE D - Program Implementation Status
Program Description Housing Programs Progress Report - Government Code Section 65583 Name of Housing Element
Program
Objective Timeframe in H.E. Status of Program Implementation Home Improvement Program 16 grants or rebates and 10 energy grants per year Annually 10 grants & 1 rebate that included energy items.

Specific energy grant not funded due to loss ofredevelopment funding.

Infrastructure ImprovementProgram
Coordinate infrastructure improvements Ongoing Staff continues to coordinate infrastructure improvements citywide
Lead Based Paint Hazard GrantProgram
5 grants per year Annually 2 units tested for Lead Based Paint Hazards Provision of Adequate Sites Rezone vacant and underutilized land 1st Planning Year Housing Overlay Zones created October 15, 2013 (HO1 and HO2)
Review Residential DevelopmentStandards
Review and revise standards as necessary Review by 2015 Residential Development Standards reviewed. No change needed currently.

South Island Project 50 New Affordable Units, low to very low 2021 Building permits issued January 2021, complete lease up expected Spring 2022.

Mt. Hope Specific Plan Area Project cancelled Cancelled/2021 Project cancelled and property sold due to title restrictions. An assisted living facility built on propertywith lease-up date of Spring 2021.

Housing Choice Vouchers Assist 460 households through Section 8 Program Annually OCHA assisted 465 with over 10,000 on the waiting list. Wait list is expected to reopen in 2022-23.

Affordable Housing Monitoringand Preservation
Monitor and Preserve 71 at risk units Ongoing Guadalupe Manor is no longer at risk as their Section 8 and 202 contracts have been extended.

Support Homeless Services Support Homeless Services/ Coordination Ongoing Provided assistance to Interval House- Temporary Shelter (assisted 62)
Promote Affordable Housing Support and encourage development of affordable housing
Ongoing Staff continues to support and encourage development of affordable housing citywide. Eliminated standardrequirement for separate water meter and associatedfees for each new address to encourage production ofADUs.

Explore Alternative Funding andFinancing Sources
Funding and financing for housing development Ongoing Staff continues to explore funding opportunities for affordable housing development citywide
FOUNTAIN VALLEY - 2021 43

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Promote Fair Housing Practices
throughout the city
Support Fair Housing Services Ongoing Partnered with Fair Housing Council of Orange County for assistance with Fair Housing/LandlordTenant disputes and educational workshops Support Persons with Disabilities Housing and services for persons with disabilities Ongoing Partnered with Elwyn California for case management of disabled adults. Disability Modification Grantavailable for ADA improvements for low incomehouseholds.

FOUNTAIN VALLEY - 2021 44

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2021 FOUNTAIN VALLEY Housing Element Annual Progress Report TABLE E - Commercial Development Bonus Approved pursuant to GC Section 65915.7 No Data Available
FOUNTAIN VALLEY - 2021 45

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2021 FOUNTAIN VALLEY Housing Element Annual Progress Report TABLE F - Annual Building Activity Report Summary - Units Rehabilitated, Preserved and Acquired pursuant to GC Section 65583.1(c)(2) Affordability by Household Incomes
(Units that DO NOT count towards RHNA)
Activity Type Extremely Low-Income Very Low-Income Low-Income Total Units Description of Activity Rehabilitation Activity 0 0 0 0Preservation of Units At-Risk 0 0 0 0Acquisition of Units 0 0 0 0Mobilehome Park Preservation 0 0 0 0Total Units by Income 0 0 0 0 Affordability by Household Incomes
(Units that DO count towards RHNA)
Activity Type Extremely Low-Income Very Low-Income Low-Income Total Units Description of Activity Rehabilitation Activity 0 0 0 0Preservation of Units At-Risk 0 0 0 0Acquisition of Units 0 0 0 0Mobilehome Park Preservation 0 0 0 0Total Units by Income 0 0 0 0 FOUNTAIN VALLEY - 2021 46

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2021 FOUNTAIN VALLEY Housing Element Annual Progress Report TABLE G - Locally Owned Lands Included in the Housing Element Sites Inventory that have been sold, leased, or otherwise disposed of (CCR Title 25ï¿½6202) No Data Available
FOUNTAIN VALLEY - 2021 47

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2021 FOUNTAIN VALLEY Housing Element Annual Progress Report TABLE H - Locally Owned Surplus Sites (CCR Title 25 ï¿½6202) No Data Available
FOUNTAIN VALLEY - 2021 48

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2021 FOUNTAIN VALLEY Housing Element Annual Progress Report LEAP Reporting (CCR Title 25 ï¿½6202)
Total Award Amount 150,000.00
Task $ Amount Awarded $ Cumulative Reimbursement
Requested
Task Status Other Funding Notes
Housing Element Prep. 150,000.00 .00 In Progress Local General Fund GPAC allocation of RHNA ongoing FOUNTAIN VALLEY - 2021 49

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CITY OF FOUNTAIN VALLEY

CITY COUNCIL

COUNCIL ACTION REQUEST
To: Honorable Mayor and Agenda Date: March 1, 2022
Members of the Council
SUBJECT: Accept a Fee Proposal from Interwest not to exceed $80,000 for Engineering Plan Check and Encroachment Permit Review Services and Direct Staff to Issue a Purchase Order for the Amount.

EXECUTIVE SUMMARY:

Due to an overwhelming workload and a staffing shortage in the Public Works Department, Public Works needs temporary staffing for engineering plan check and encroachment permit review services for three (3) months.

The City of Fountain Valley CIP has forty-three (43) projects with over $23 million in appropriations. Engineering technical staff consists of two associate engineers and one vacant assistant engineer position. The engineering staff also reviews private development plans and processes encroachment permit applications. In the last three years, the number of private development plans coming in for plan check has more than doubled with less staffing.

As such, the engineering division does not have sufficient staffing to execute all projects without consultants' assistance. Recognizing the limited staff resources and significant capital workload already in place, staff solicited proposals for engineering plan checking services from the City’s Council-approved on-call list of qualified consultants. Staff solicited the most qualified consultants whose expertise is in engineering plan check and encroachment permit review services and received one proposal.

Interwest is highly qualified based on its experience and expertise in engineering plan check and encroachment review services. Interwest staff is experienced in grading and drainage plan review for private developments, including commercial, industrial, multifamily and single-family dwellings for compliance with the Building and Grading Codes, Low Impact Development, Fire Department, and Department of Regional Planning Ordinances. In addition, Interwest staff is experienced in permitting and development review/plan check and has ensured that all functions complied with Federal, State, and Municipal standards and regulations.

Staff recommends that the City Council accept the fee proposal from Interwest not to exceed $80,000 for temporary staffing for engineering plan check and encroachment

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Council Action Request
Interwest - Plan Checking Services
March 1, 2022

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review services and authorize staff to issue a purchase order for the Interwest On-Call Contract.

DISCUSSION:

Per the City’s purchasing policy and in collaboration with the Finance Department, staff issued a Request for Qualifications (RFQ) for As-Needed Consultant Services. The RFQ established a qualified consultants list to support the various projects and staffing needs within Public Works for the next three (3) years for various CIP and private development projects. Maintaining an active and comprehensive on-call list will streamline the process of awarding projects to the most suitable firm for specific projects and reduce time soliciting consultant services for each project.

On November 16, 2021, the Council approved five (5) most qualified consultants among twenty-one (21) proposals for on-call services for construction management and inspection including plan checking services.

Among the City’s approved on-call list of qualified consultants, staff solicited proposals from the most qualified consultants whose expertise is in engineering plan check and encroachment review services and received one proposal from Interwest for $79,690.

Interwest’s proposal for $79,690, includes engineering plan check and encroachment review services. Interwest is a well-known civil engineering and construction management firm with a good reputation for excelling in providing a similar type of engineering plan check and encroachment review services. They have experience with similar types of projects throughout the county. Interwest has provided full-service private development plan checking services. They provide services to the County of Los Angeles and various local agencies. Also, Interwest has overseen plan check activities and collection of user and development impact fees. Their expertise in managing projects similar to these will ensure the successful completion of the Public Works Department's engineering plan check and encroachment review needs.

FINANCIAL ANALYSIS:

Engineering Plan Check and Encroachment Permit Review Services (Interwest)
Current Project Costs Amount
Contract Amount $400,000
Construction Management Support for various projects
(Approved by Council on February 1, 2022)
($137,255)
Engineering Plan Check and Encroachment Review
Services
($79,690)
Remaining Contract Balance $183,055
ATTORNEY REVIEW:

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Council Action Request
Interwest - Plan Checking Services
March 1, 2022

Page 3 ends

Legal Review is not required.***
***City Council and the Attorney for the City approved the As-need Construction Management and Inspection Services Contract for Interwest in the amount not to exceed $400,000 for the on-call list on November 16, 2021. These contracts are effective for a three-year term.

ALTERNATIVES:

Alternative No. 1: Accept the fee proposal from Interwest not to exceed $80,000 for engineering plan check and encroachment review services. Staff to issue a purchase order for the Interwest On-Call Contract. This is the recommended action.

Alternative No. 2: Do not accept the proposal. This is not recommended as it will delay the project schedules for these projects.

RECOMMENDATION:

Staff recommends that the City Council approve Alternative No. 1, which is to accept the fee proposal from Interwest for not to exceed $80,000 and authorize Staff to issue a purchase order for the Interwest On-Call Contract.

Prepared by: Terri Phan, Administrative Assistant
Reviewed by: Temo Galvez, Deputy Public Works Director / City Engineer Approved by: Hye Jin Lee, Director of Public Works
Fiscal Review by: Jennifer Lampman, Finance Director / Treasurer Approved by: Rob Houston, City Manager
Attachment 1: Interwest Proposal
Attachment 2: Executed Interwest Contract

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| 1 Jenner, Suite 160, Irvine, CA 91741

FEE SCHEDULE

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Tony W. Hui, PE

CIVIL ENGINEER

PROFESSIONAL HISTORY
Civil Engineering / Interwest Consulting Group / 2021 - Present Associate Civil Engineer / Department of Public Works / County of Los Angeles / 2017-2021
Associate Civil Engineer / Department of Public Works / County of Los Angeles / 2016-2017
Associate Civil Engineer / Department of Public Works / County of Los Angeles / 2007-2016
Years of Experience: 20+
Education

Registrations/Certifications


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TONY HUI, PE –CIVIL ENGINEER
Associate Civil Engineer / Department of Public Works / County of Los Angeles / 2004-2007 Associate Civil Engineer / Department of Public Works / County of Los Angeles / 2002-2004 Supervising Civil Engineer I / Department of Public Works / County of Los Angeles / 1999-2002 Supervising Civil Engineer 1 / Department of Public Works / County of Los Angeles / 1996-1999 Supervising Civil Engineering Assistant / Department of Public Works / County of Los Angeles / 1994-1996 Senior Civil Engineering Assistant / Department of Public Works / County of Los Angeles / 1991-1994

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TONY HUI, PE –CIVIL ENGINEER
Structural Engineering Assistant II / Department of Public Works / City of Los Angeles / 1989-1991 Senior Civil Engineering Assistant / Department of Public Works / County of Los Angeles / 1989-1989 Junior Structural Design Engineer / Jang Design Associates, Inc. / San Gabriel / 1988-1988 Engineering Assistant / ANF & Associates / Pasadena CA / 1986-1987

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Joe Indrawan, PE

CA REGISTERED PROFESSIONAL CIVIL ENGINEER
Joe has more than 35 years of civil engineering experience, including 30 years of service with municipal agencies. His diverse experience allows him to bring a clear understanding and considerable depth to any project, contributing to the successful delivery of all projects. Joe possesses excellent communication skills, providing high level customer service in a professional manner at all times. Joe is a strategic thinker and an innovative problem-solver, making him a strong asset to all projects.

PROFESSIONAL HISTORY
Municipal Engineer / Interwest Consulting Group / 2012 -Present City Engineer / City of Eastvale / 2012-2019 - Joe acted as a contract City Engineer for the City of Eastvale, managing day-to-day operation of Public Works/Engineering staff, Land Development and Capital projects teams, preparing and managing operational and capital projects budgets, and handling general public complaints related to right-of-way and traffic issues. He represented the department at City Council meetings, Planning and Public Safety Commissions meetings, as well as other agencies and/or utility meetings. He established quarterly utility coordination meetings to ensure utility projects were scheduled appropriately with City-owned projects. In addition, Joe established and implemented development plan review processes and procedures, including subdivision map review check list. During his tenure with the City of Eastvale, Joe was instrumental in the acquisition process of more than 4,000 streetlights from the SCE, and conversion of these lights to LED lights.

Civil Engineering Manager | Land Development | CIP / City of Chino / 2003 -2012
Joe served as Acting City Engineer in City Engineer’s absence. He managed Land Development, Capital Improvement, Transportation Planning, Permit, Development Review/Plan Check and Inspection Services and ensured that all functions complied with Federal, State and Municipal standards and regulations. Joe participated in the preparation and implementation of goals, objectives and operational and CIP budget of the Engineering Division. He prepared the Measure I project list; and oversaw the preparation of grant applications. Joe reviewed and approved public improvement plans and specifications, engineering calculations/studies, subdivision maps and survey documents. He participated in the development of General Plan Amendment and reviewed CEQA. He acted as a liaison with other cities, counties and agencies. Joe updated and oversaw the implementation of Development Impact Fees Programs, prepared staff reports to the City Council and Planning Commission and attended respective meetings, as required.

Key Accomplishments
 Successfully managed the planning and development of the first phases of The Preserve and College Park Specific Plans, including Chaffey College and Ayala Park Expansion
Years of Experience: 35+

Education
 M.S., Civil Engineering,
Rice University
 B.S., Civil Engineering,
University of Indonesia
 Fundamentals of
Personnel Laws for
Managers and Supervisors
 Funding Public Works
Programs
 Contract Administration &
Change Orders Core
Curriculum
 CEQA/California LandUse & Planning Law
 Advanced Subdivision
Map Act
Registration s/Certification s
 CA Registered
Professional Civil Engineer
| 44779

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JOE INDRAWAN, PE – CIVIL ENGINEER
 Effectively oversaw the construction of $10M storm drain and street widening projects, $5M nitrate treatment plant, $4M waterline, and other CIP projects
 Successfully trained and mentored a number of junior engineers to process and manage land development projects and perform plan check activities
 Represented Chino in partnership with the City of Ontario in the development of Mill Creek Recreation Plan - a regional storm water quality management plan for the New Model Colony & The Preserve
Associate Civil Engineer / City of Chino / 2000 -2003
Joe supervised City staff of engineers, technicians and inspectors. He managed major land development projects (i.e., residential, commercial and industrial), and oversaw plan check activities and collection of user and development impact fees. Joe acted as a construction manager and administered contracts for CIP projects, reviewed PS&Es, processed bids, and negotiated contract change orders. He prepared Request for Proposals (RFPs), selected qualified firm(s) and administered contracts for engineering consulting services. Joe administered Community Facilities, Assessment, and Landscape & Lighting Districts. He investigated public complaints and provided solutions.

Key Accomplishments
 Facilitated a successful collaboration among several developers and agencies for the development of Sub-Area I - a nearly 10 Million square-feet industrial complex, which included a $2M Kimball Avenue Street and Storm Drain project
 Successfully implemented inter-departmental plan check procedure Associate Civil Engineer | Assistant Civil Engineer / City of Corona / 1988 -2000 Joe managed entitlement projects and performed plan check activities for residential, commercial and industrial developments, including writing conditions of approval (COAs) and staff reports to the City Council. He managed the NPDES Stormwater Program, managed and administered contracts for CIP projects, reviewed and approved PS&Es, processed bids, and negotiated contract change orders. Joe managed and supervised consultants to perform engineering/construction management services, and oversaw the preparation of master plan studies of infrastructure facilities.

Key Accomplishments
 Managed successful developments of South Corona, Corona Ranch, Chase Ranch and Mountain Gate Specific Plans - major master planned communities of more than 6,000 acres of residential and commercial developments
 Successfully implemented NPDES Program since its inception in 1990  Served as a member of the Stormwater Advisory Committee and the California Stormwater Task Force
 Presented papers on storm water program at the International Erosion Control Convention in 1998 & 1999

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CITY OF FOUNTAIN VALLEY

CITY COUNCIL

COUNCIL ACTION REQUEST
To: Honorable Mayor and Agenda Date: March 1, 2022
Members of the City Council
SUBJECT: Determination of Public Convenience or Necessity for the Issuance of a Type 20 Off-Sale Beer and Wine Liquor License for Thanh Long Supermarket located at 16112 Harbor Boulevard
EXECUTIVE SUMMARY:

Thanh Long Supermarket has submitted a request that the City Council make a determination of Public Convenience or Necessity (PCN) for a Type 20 off-sale beer and wine license (Type 20 license) to their retail grocery store located at 16112 Harbor Boulevard.

On January 12, 2021, the Planning Commission approved Conditional Use Permit (CUP) No. 1896 for a Type 20 license for Thanh Long Supermarket (Attachment #1). The Planning Commission’s approval of CUP 1896 for the Type 20 license is subject to Public Convenience or Necessity approval from the City Council due to an overconcentration of off-sale liquor licenses in Census Tract 992.27, as defined in the Business and Professions Code Section 23958 (Attachment #2 & #3)
Thanh Long Supermarket will offer their customers a wide variety of groceries and products.

They are proposing so sell beer and wine to accompany the wide assortments of products.

Staff recommends the City Council consider the information provided by Thanh Long Supermarket and approve the attached Resolution finding and determining that public convenience or necessity would be served by the issuance of a Type 20 license for the Thanh Long Supermarket located at 16112 Harbor Boulevard.

DISCUSSION:

Thanh Long Supermarket has submitted a request to allow for a Type 20 license for the market located at 16112 Harbor Blvd. The proposed market is located in the north/east corner of the City of Fountain Valley. The property is surrounded by the C2- General Commercial to the north and south, R1 – Single-Family Residential to the east, and C1-Local Commercial to the west. The project site is not part of any specific plan.

Per Fountain Valley Municipal Code (FVMC), Thanh Long Supermarket is permitted by right in the C1 – Local Business zone. Thanh Long Market has submitted an application for CUP for off-site consumption (Type 20 ABC License) liquor license at 16112 Harbor Blvd. If approved, the City Council must approved a finding of PCN for the Type 20 license.

Thanh Long Supermarket is proposing to sell alcohol within the rear section of the store in an

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Council Action Request – Thanh Long Supermarket Finding for PCN March 1, 2022

Page 2 of 9 ends

enclosed refrigerator depicted on the floor plan (Attachment #5) As outlined in the applicant’s Justification Statement and Project Description (Attachment #6), Thanh Long Supermarket proposes to be open from 8:00 am to 7:00 pm, seven (7) days a week and will have a total of 10 full and part time employees. All of register clerks will be trained in proper alcoholic beverage sales rules, including use of Point-of-Sale required identification age verification.

All clerks will be required to read and sign the Alcoholic Beverage Control’s Clerk’s Affidavit and the affidavits will be kept on file by the store operator. Additionally, Thanh Long Supermarket will be required to install high-definition security system that has a view of all parts of the store, especially the alcoholic beverage display area and check stands. The video system must have a 30-day retrieval function that will allow Thanh Long Supermarket and law enforcement to track previous days’ activity. In addition to the request for beer and wine, Thanh Long Supermarket will offer grocery, frozen foods, deli items, vitamins, health and beauty items, housewares, and gift items.

The Census Tract where the proposed Thanh Long Supermarket will be located, Census Tract 992.27, has a limit of three (3) off-sale liquor licenses before its considered overconcentrated. Currently, the Census Tract has five (5) licenses (7-Eleven at Harbor/ Heil, PM Beer and Wine at Harbor/ Lilac, Mina & Joseph Liquor on Harbor between Edinger and Heil, Mom Supermarket at Edinger and Euclid in Santa Ana, and Walmart at McFadden and Harbor in Santa Ana) (Attachment #4). Although the Mom Supermarket and Walmart are located outside the city limits, they are still counted in Census Tract 992.27 according to ABC. As the existing census tract exceeds its off-sale licenses, Thanh Long Supermarket is requesting to add a Type 20 license with approval of a finding of PCN that is subject to review and approval of the City Council.

Thanh Long Supermarket has submitted justification statements to support their PNC request which will be reviewed by the City Council.

Table 1: Existing off-sale licenses per ABC
Business Address License Type Business Name
7- Eleven 16475 Harbor Blvd Type 20, Off-Sale Beer
and Wine
7- Eleven
Green Foods
Distribution
5111 Edinger Ave. Type 20, Off-Sale Beer
and Wine
Mom
Supermarket
Walmart Inc 3600 W Mcfadden Type 21, Off-Sale
General
Walmart Store
Dollar Way
Inc
16040 Harbor Blvd Type 20, Off-Sale Beer
and Wine
PM Beer and
Wine
Milad, MNA
milad Latif
16369 Harbor Blvd. Type 21, Off-Sale
General
Mina & Joseph
Liquor
In order for Thanh Long Supermarket to be obtain a Type 20 license, the City Council must make a determination that the number of permitted off-sale liquor licenses can be exceeded based on a finding of PCN. If the City Council makes the finding, ABC will issue the license.

State law requires that the burden of proof is on the applicant to demonstrate to ABC, or, the local governing body, how Public Convenience OR Necessity will be served by the new retail outlet. Note the “OR” in the PCN; the applicant does not need to prove both elements – just demonstrate one of the elements is enough to meet the burden of proof. Such examples have

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Council Action Request – Thanh Long Supermarket Finding for PCN March 1, 2022

Page 3 of 9 ends

been used to justify granting a PCN:
 The applicant demonstrates how the proposed use will not be detrimental to the character of development in the immediate neighborhood and will be in harmony with the overall objectives of the General Plan.
 The applicant demonstrates the economic benefit outweighs the negative impacts to the community as a whole.
 The issuance of the license will provide a needed service not currently being met in the community.
 Identify the special and unusual circumstances present here to justify a new retail alcohol outlet when there are already similar alcohol uses exist nearby.  Provide information that the applicant cannot operate profitably without a liquor license.
 The business provides a wide variety of items for sale in addition to alcohol and will provide a convenient location for the public to shop for necessities while also purchasing alcohol.
 Local police conclude there would not be an increase in criminal activity.  Subject use is consistent with applicable zoning regulations.  Demonstrate reasonable efforts to seek community input.

Thanh Long Supermarket has submitted a justification letter for public convenience for the Type 20 license. Thanh Long Supermarket has stated that they are fully aware of the unique responsibilities of operating a store associated with alcoholic beverage sales and have had no significant issues raised by local law enforcement agencies with respect to alcoholic products or public disturbances associated with the sale of alcohol products.

Thanh Long Supermarket is proposing to sell beer and wine their 34,640 sq. ft. retail store located at 16112 Harbor Boulevard (Attachment #5). This convenience is imperative to Thanh Long Supermarket ability to serve and attract new customers. Thanh Long Supermarket will be offering beer and wine in accompany to a wide variety of food, produce, and grocery products for the local community.

As related to beer and wine, all of Thanh Long Supermarket register clerks will be trained in proper alcoholic beverage sales rules, including use of Point-of-Sale required identification age verification. All of the clerks will be required to obtain Licensee Education on Alcohol and Drugs (LEAD) Certificates and copies of such certificates shall be kept on-site and made available for inspection by a public official upon request. For security, Thanh Long Supermarket will utilizes a camera system which has a view of all parts of the store, especially all alcoholic beverage area and checkout stands. The video system has a 30-day retrieval function that can track previous days’ activity.

Thanh Long Supermarket submitted justification statements to support their PCN request as shown below (Attachment #6).

Justification Statements

1. Demonstrate how the proposed use will not be detrimental to the character of development in the immediate neighborhood and will be in harmony with the overall objectives of the City of Fountain Valley General Plan.

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Council Action Request – Thanh Long Supermarket Finding for PCN March 1, 2022

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Hours of Operation: Our store will be opened from 8AM - 7PM, we believe that our hour operation is between the working hours and not excess the rest time of residence.

Therefore, our neighbor residence will not be affected by our business activities or noise when they are home after work and all during their night time at home.

Security and Noise: Our store will be installed cameras surrounding the building to control the security and safety. All of area of our business including parking spaces, load-unloading areas will always be observed to make sure there will be no disorder, arguments, or loud noise to avoid any mob scene or pandemonium.

Outdoor lighting: Our business will be installed light all around the building to make sure the building surrounding will be bright and clean. We will try to make sure that our area is safe by controlling the area through cameras and contact with government agencies if there are anything happened as soon as possible.

Entertainment: We will not operate any outdoor activities to avoid all the interference, noise, mishmash or hodgepodge. All business activities between customers and employees will be only taken place inside the building.

Traffic and Parking: As mentioned above, we have designed the parking area for customers in the front of the building that face up to the street and not to the residential area which is in the back of the building. We have designed enough allowable parking spaces for customer based on the requirement from the Fountain Valley City to avoid traffic and make sure that it will not obstruct the traffic.

Trash: Our business will contract with Trash Service Company to collect trash from our business frequently based on the amount of garbage that we may produce, it can be 4-6 trash pick-up times per week. The trash bin will be put on the back of the building, but we will not let the trash be overflown because it not only cause the insanitary area which affects our neighbor but also cause us much penalty charge.

The pick-up trash time will be scheduled during our business operating hours only.

Underage sales: We are planning to have long-term business; therefore we always follow all the rules of Government for any of our business activities including Underage rule. We will not sell alcoholic products for any customers who are under 21years old.

In conclusion, here are some solutions for some problems that may occur during our operation and we believe that with our solutions above we will not be detrimental to the character of development in the immediate neighborhood and not cause any interference to our neighborhood.

2. Prove/demonstrate the economic benefit outweighs the negative impacts to the community as whole.

For the negative impacts to the community, we are having some of the recommended solutions above on article a. Our business almost operates inside the premise; therefore, it will not make any harm or badly affect to the community. We are in under control with the problems that may occur and will try to keep in touch with authorized agents to prevent any unexpected problems. However, the economic benefits that the business brings back is not only good for ourselves but also for the community. Having

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our business operated will bring more services and improve life quality for the community in the area, our store is selling most of Vietnamese products which satisfy the Vietnamese community's demand, and as we have research, at the area where our premise locates, there are large Vietnamese Community residing there. Therefore, this opportunity is also the help to share the short of Vietnamese Markets in the area.

3. Demonstrate how issuance of the Type 20 license will provide a needed service not currently being met in the community and identify the special and unusual circumstances present here to justify a new Type 20 retail alcohol outlet when there are already similar alcoholic uses existing nearby.

Our business is likely of a Grocery Store which mainly focuses on selling foods (meat, fish, vegetables, etc.) and alcoholic will be one of a category that we sell along with inside the premise. Within 500 feet radius of the premise, there are alcohol seller/stores nearby, but the differences between our business and that business are:

Our business has variety of categories that customers who come to our businesses can purchase most of their needs such as: food, vegetables, home appliances, beverage, etc. Therefore, not all customers come to our business have the demand to buy alcoholic beverages, but selling beverages provide convenience for consumers to save their trip, and save their time and cost to shop around.

We are applying Type-20 Alcoholic Beverage License which means we will not allow customers to consume any alcoholic beverage products at the premise. Customers will just be able to come, get and leave. It is maybe different from other sellers, such as: bar/pub, restaurants, etc. Other stores like liquor stores, beer/wine market. etc will mainly focus only on selling alcoholic products with variety of brands., so they will have a lot of products from variety of alcoholic manufacturers. Our store's goal is to help customers fulfill their needs as most convenient as possible; therefore we will not go specifically on this field that we will import most popular items that can satisfy most customers' needs.

4. Prove that Thanh Long Supermarket cannot operate profitably without a Type 20 liquor license.

The Type 20 Alcoholic Beverage license is very important for us because when operating the business, we will have many competitors around the area. With those other convenience stores, they are all selling alcoholic beverage products that bring the most convenience for their customers. Therefore, if our business operating without the Liquor License which means that we are not allowed to sell alcoholic products, we are not be able to compete with other stores.

Customers will compare the convenient level between our store and other stores where they are easily to satisfy their needs within 1-time shopping, then this is not be a fair competition for us.

For example, compare to the 7-eleven store which locates at the corner of Heil St and Harbor Blvd, they are selling a lot of products and also alcoholic beverages. If we are not having alcoholic products selling at our stores, customers will definitely drive to 7- eleven instead of visiting our store, which will affect our sales revenue.

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5. Demonstrate reasonable efforts to seek community input.

Before operating the business, we are trying to finish all paper works and things to make sure that we are following all the requirements from the City or other Government Agents. We have applied the Alcoholic Beverage License to the ABC Department and have completed all the documents that they required, the only thing right now is waiting for the Conditional Use Permit Approval then we can move forward to the final step of our Alcoholic Beverage License Application. With the requirement from ABC Department, we will have to send notice of intention to engage in the sale of alcoholic beverages to every residents within a 500 foot radius of the premise and we have passed 1 month required without receiving any protest against the issuance of the license.

Staff does not anticipate any negative impacts from the proposed Type 20 license. Thanh Long Supermarket will provide employee training, security, and manager oversight to help mitigate the proposed use. Moreover, the Police Department has reviewed and supports the applicant’s request, and has not added any additional conditions of approval beyond those for a Type 20 license that exists for Thanh Long Supermarket today. A summary of city conditions of approval from each reviewing department can be found below and are also included in Resolution No. 22-01 (Attachment #4).

Police Department Conditions
 There shall be no exterior advertising of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages on the premises.
 No alcoholic beverages shall be consumed on any property or parking area under the control of the licensee.
 To maintain the cleanliness of the building, the petitioner shall be responsible for maintaining the area adjacent to their premises over which they have control free of litter and graffiti.
 Beer shall be sold in multi-pack quantities of a six-pack or more, with the exception of craft/microbrewery beers which can be sold in individual containers of not less than 16 ounces.
 No wine or distilled spirits shall be sold in bottles or containers smaller than 750 ml or less than a four-pack of wine coolers.

Planning Department Conditions
 The approval of this Conditional Use Permit shall be contingent upon the approval of a finding of Public Convenience or Necessity (PCN) by the City Council if an overconcentration of off-sale liquor licenses exists in the Census Tract.  The hours of operation shall be 8:00 a.m. to 7:00 p.m., seven (7) days a week. The sale of alcohol shall be restricted to 8:00 a.m. to 7:00 p.m. seven (7) days a week.

Hours of delivery shall be restricted to the hours of 7:00 a.m. to 7:00 p.m. Monday through Friday, 9:00 a.m. to 7:00 p.m. on Saturday, and no time on Sunday or legal holiday.
 There shall be no live entertainment within the facility.  The establishment will not provide any video or arcade games.

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 There shall be no trash dumping from the facility between the hours of 10:00 p.m. and 7:00 a.m.
 The rear doors shall not be used by the public, and during operating hours, shall remain closed except for emergencies and service.
 An alarm system shall be installed and be of a type that sounds a signal when it is activated
 The operator shall not permit vending machines, water machines, games, rides, etc. on the exterior of the building.
 The windows of the business shall be free of any obstruction, tinting or painting, except for window signage as permitted by the Fountain Valley Sign Code.  Three or more sustained complaints within any one-year period received by the Fountain Valley Police Department regarding disturbances which have been caused by the business located at 16112 Harbor Boulevard may be grounds for revocation proceedings.
 Install, and maintain in proper working order, security cameras around the premises.

These cameras should include, but are not limited to, visual coverage of the areas available to the public on the inside of the store, as well as the parking area in front of the store, and the alley behind the store. These cameras will have high resolution and low-light capability. Video from all cameras will be recorded and made available to the Police Department upon request. A video camera plan shall be included in the applicant’s plan check submittal to the Building Department and security cameras shall be installed prior to issuance of certificate of occupancy for the retail store.

Consumption of liquor products on site at 16112 Harbor Boulevard is prohibited.  The operator will ensure that there will be no drinking and/or loitering in the parking lot or within 100 feet of the establishment.
 No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee.
 The Applicant shall post a prominent, permanent sign or signs stating, "No person under 21 will be sold alcoholic beverages" and "Valid ID is required to purchase alcoholic beverages." These signs shall be installed and verified by staff prior to city zoning clearance is given to the Department of Alcoholic Beverage Control.  The applicant shall ensure all pertinent employees have obtained Licensee Education on Alcohol and Drugs (LEAD) Certificates and copies of such certificates shall be kept on-site and made available for inspection by a public official upon request.  All requirements of a Type 20 License shall be observed at all times and such requirements shall be a condition of approval. The surrender, lapse, termination, suspension, or payment of a fine in lieu of suspension/termination, of the Alcoholic Beverage License issued for the site by the ABC shall be grounds for revocation of the CUP.

Again, in order for Thanh Long Supermarket to acquire a Type 20 license, the City Council must make a finding that based on public convenience or necessity, the maximum number of permitted off-sale licenses in Census Tract No. 992.27, as determined by ABC, can be exceeded beyond the three (3) that are allowed.

ENVIRONMENTAL REVIEW:

This request is not subject to review under the California Environmental Quality Act (CEQA)

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pursuant to CEQA Guidelines. The request for determination of Public Convenience or Necessity is exempt from California Environmental Quality Act (CEQA) review under §15061(b)(3) of the CEQA Guidelines because a determination of Public Convenience or Necessity will not with reasonable certainty have any possible effect on the environment.

FINANCIAL ANALYSIS:

There is no financial impact resulting from this action. The applicant has paid the $1,665 filing fee to reimburse the City for the cost to process the request for a Finding of Public Convenience or Necessity.

ATTORNEY REVIEW:

The City Attorney has reviewed the draft Resolution and has approved to form.

PUBLIC NOTIFICATION:

Public notification is not required for a finding of Public Convenience or Necessity.

ALTERNATIVES:

Alternative No. 1 Adopt a Resolution of the City Council of the City of Fountain Valley finding and determining that the public convenience or necessity would be served by the issuance of an off-sale beer and wine (Type 20 Alcoholic Beverage Control) license for the premises located at 16112 Harbor Boulevard.

Alternative No. 2: Adopt a modified Resolution denying a request of PCN determination for Type 20 off-sale beer and wine liquor license for 16112 Harbor Boulevard.

Alternative No. 3: Continue the request for additional information.

RECOMMENDATION:

Staff recommends the City Council consider the information provided by Thanh Long Supermarket and approve the attached Resolution (Attachment #7) finding and determining that public convenience or necessity would be served by the issuance of an off-sale beer and wine (Type 20 Alcoholic Beverage Control) license for the premises located at 16112 Harbor Boulevard.

Prepared By: Ron Vargas, Assistant Planner
Approved By: David Crabtree, Interim Planning and Building Director Fiscal Review by: Jennifer Lampman, Finance Director
Approved By: Rob Houston, City Manager

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Attachment 1: Planning Commission Minutes of January 12, 2022 Attachment 2: Planning Commission Resolution No. 22-01 for CUP No. 1896 Attachment 3: California Department of Alcoholic Beverage Control Off-Sale Licenses for Census Tract 992.30 Report mentions 992.27 in the Executive Summary
Attachment 4: Map of Off-Sale ABC Licenses in Census Tract 992.27 Attachment 5: Site Plan and Floor Plan for Thanh Long Supermarket Attachment 6: Justification Letter from Thanh Long Supermarket Attachment 7: City Council Resolution No.

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CITY OF FOUNTAIN VALLEY PLANNING COMMISSION MINUTES

CITY HALL COUNCIL CHAMBERS
10200 SLATER AVENUE
WEDNESDAY, JANUARY 12, 2022 – 6:00 P.M.

REGULAR MEETING
CALL TO ORDER: Chair Spear called the meeting to order at 6:00 p.m.

SALUTE TO THE FLAG: Chair Spear led the flag salute.

ROLL CALL:

PRESENT: Farrell, Lopez, Saad, Vice-Chair Osborn, Chair Spear ABSENT: Tahir

ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS
None.

CONSENT CALENDAR

1. Receive and file the minutes of the December 8, 2021 Planning Commission Meeting, as presented.

Action: Approve the minutes of the December 8, 2021 Planning Commission Meeting, as presented.

Motion: Osborn Second: Farrell
AYES: Farrell, Lopez, Osborn, Spear
NAYS: None.

ABSTAIN: Saad

PUBLIC HEARINGS

2. CONDITIONAL USE PERMIT NO. 1896 - THANH LONG MARKET
Petition submitted by Mary Nguyen to allow for Type 20 Off-Sale Beer and Wine ABC Liquor License for Thanh Long Market located at 16112 at Harbor Blvd (between Lilac Ave. and Edinger Ave). CEQA Compliance: The request is exempt from environmental review pursuant of CEQA Guideline Section 15301.

Chair Spear opened the public hearing. Assistant Planner Ron Vargas presented the staff report. With no one in the audience wishing to speak on this item, Chair Spear closed the public hearing.

Action: Approve Alternative No. 1.

Motion: Saad Second: Farrell
AYES: Farrell, Saad, Lopez, Osborn, Spear
NAYS: None.

ABSTAIN: None.

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7- Eleven
16475 Harbor Blvd
Type 20, Off-Sale Beer and Wine
7- Eleven
Green Foods Distribution
5111 Edinger Ave.

Type 20, Off-Sale Beer and Wine
Mom Supermarket
Walmart Inc
3600 W Mcfadden
Type 21, Off-Sale General
Walmart Store
Dollar Way Inc
16040 Harbor Blvd
Type 20, Off-Sale Beer and Wine
PM Beer and Wine
Milad, MNA milad Latif
16369 Harbor Blvd.

Type 21, Off-Sale General
Mina & Joseph Liquor
Project Site
Map of Off-Sale ABC
Licenses in Census Tract
992.27

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RESOLUTION NO. 22-01

A RESOLUTION OF THE FOUNTAIN VALLEY PLANNING COMMISSION APPROVING CONDITIONAL USE PERMIT NO. 1896 FILED BY THANH

LONG MARKET TO ALLOW FOR THE SALES OF BEER AND WINE FOR OFF-SITE CONSUMPTION (TYPE-20 ABC LICENSE) FOR THE THANH LONG SUPERMARKET LOCATED AT 16112 HARBOR BOULEVARD
WHEREAS, an application for Conditional Use Permit No. 1896 was submitted by Thang Long Supermarket to allow for the sales of beer, wine, and distilled spirits for off-site consumption(Type 21 ABC License) for the Thanh Long Supermarket located at 16112 Harbor Boulevard; and
WHEREAS, the Fountain Valley Planning Commission considered said application at its noticed public hearing on January 12, 2022; and
WHEREAS, the Planning Commission has imposed conditions, pursuant to the Conditional Use Permit process, which mitigate potential negative effects of the proposed project; and
WHEREAS, the Planning Commission has determined that the proposed Conditional Use Permit is consistent with the Fountain Valley General Plan.

NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:

SECTION 1
The Planning Commission finds that due notice of the public hearings in the Council Chambers, City Hall, 10200 Slater Avenue, was given as required by the Fountain Valley Municipal Code (FVMC), Title 21, and the Statutes of the State of California.

SECTION 2
Findings and Supporting Facts: - The Planning Commission finds that the subject application meets the criteria for a Conditional Use Permit found in Chapter 21.36 of the Fountain Valley Municipal Code as follows:

1. The proposed use is allowed within the C1 zoning district with the approval of a Conditional Use Permit and complies with all other applicable provisions of the Development Code and the Municipal Code.

The proposed Type 20 off-sale beer and wine liquor license (Type 20 license) is an allowed use in the C1 zoning district subject to the Planning Commission’s approval of a Conditional Use Permit.

2. The proposed use is consistent with the actions, goals, objectives, and policies of the General Plan and any applicable specific plan.

The proposed use of a Type 20 license for Thanh Long Supermarket meets General Plan Goal 2.12, which is to enhance the city’s economic base and business environment by assisting in the improvement and intensification of existing commercial

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development (Goal/Policy 2.12). Adding the Type 20 license will enhance convenience for Thanh Long Supermarket customers by providing a one stop shopping experience for beer and wine beverages. This use does not fall within any Specific Plans in the City of Fountain Valley.

3. The design, location, shape, size, and operating characteristics of the proposed use are compatible with the existing and future land uses in the vicinity.

The design, location, shape, size, and operating characteristics of the Type-20 liquor license is compatible with the existing and future land uses in the vicinity. The sales of beer and wine will be from a specific designated area within the existing retail store.

The operations of the store comply with the normal anticipated operating characteristics of a retail store with a Type 20 license in the C1-Local Business zone.

4. The subject site is physically suitable for the type and density/intensity of use being proposed including the provision of public access (e.g., width and pavement type), facilities, and utilities (e.g., drainage, fire protection, sewers, water), shape, size, the absence of physical constraints, and compatibility with adjoining land uses.

The proposed use is physically suitable for the type and intensity of use being proposed and will comply with public access, facilities, and utility requirements and is compatible with adjoining land uses. Sufficient vehicular and pedestrian public access on the property has been provided through the 2021 remodel of the retail facility.

Sufficient vehicular and pedestrian access is provided from Harbor Boulevard.

Sufficient facilities as well as drainage, fire protection, sewers, and water utilities are provided to the building. The proposed Type 20 license will be displayed in a specific designated space within the retail space. The alcohol display area is adequate in shape and size for the retail store and takes up a small portion of the rear refrigerated section sales area of the store.

5. Granting the Conditional Use Permit would not be detrimental to the public convenience, health, interest, safety, or welfare, or injurious to persons, property, or improvements in the vicinity and zoning district in which the property is located.

The proposed Type 20 license will be displayed in a specific designated space within the existing retail store. The alcohol display area is adequate in shape and size for the retail store and takes up only a small portion of the sales area of the store’s refrigeration cases. The conditions of approval included in this resolution help ensure the proposed use is not detrimental to the public convenience, health, interest, safety, or welfare, or injurious to persons, property, or improvements in the vicinity and zoning district in which the property is located. The approval of this Conditional Use Permit shall be contingent upon the approval of a finding of Public Convenience or Necessity (PCN) by the City Council if an overconcentration of off-sale liquor licenses exists in the Census Tract.

6. The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA) and the City’s Environmental Review Procedures.

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Resolution No. 21-12

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The proposed project has been reviewed in compliance with CEQA and is categorically exempt per Section 3 below.

7. By signing this Resolution, the applicant has demonstrated his/her understanding of the conditions imposed in the Conditional Use Permit (attached as Exhibit 1 herein) granted to him/her and has agreed on the record to abide by those conditions.

SECTION 3
The Planning Commission finds that the proposed project can be determined categorically exempt pursuant to Class 1 (Section 15301 – Existing Facilities) of the California Environmental Quality Act (CEQA) Guidelines. The project includes adding a Type-20 offsale liquor license for beer and wine for Thanh Long Supermarket located at 16112 Harbor Boulevard.

SECTION 4
The Planning Commission hereby approves Conditional Use Permit No. 1896 to allow for the sales of beer and wine for off-site consumption (Type 20 ABC License) for the Thanh Long Supermarket located at 16112 Harbor Boulevard;
PASSED, APPROVED, AND ADOPTED THIS 12th DAY OF JANUARY, 2022 ______________________________ ______________________________ Chairman Secretary

BY SIGNING THIS PERMIT, THE PERMITTEE ACKNOWLEDGES ALL OF THE

CONDITIONS IMPOSED AND ACCEPTS THIS PERMIT SUBJECT TO THOSE

CONDITIONS AND WITH THE FULL AWARENESS OF THE PROVISIONS OF CHAPTER

21.36 OF THE FOUNTAIN VALLEY MUNICIPAL CODE.

BY SIGNING THIS RESOLUTION, THE APPLICANT ACKNOWLEDGES ACCEPTANCE OF

THE BENEFITS OF THE CONDITIONAL USE PERMIT AND AGREES TO WAIVE ANY

RIGHT TO LATER CHALLENGE ANY CONDITION(S) IMPOSED AS UNFAIR, UNNECESSARY, OR UNREASONABLE.
/
Date Applicant Sign/Print

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EXHIBIT 1

CONDITIONS OF APPROVAL
Conditional Use Permit No. 1896
Thanh Long Supermarket
16112 Harbor Boulevard
Fountain Valley, CA
The following Conditions of Approval [COA] apply to this project. The COA’s are specific conditions applicable to the proposed project. The property owner is responsible for the fulfillment of all conditions and standard development requirements, unless specifically stated otherwise.

In addition to complying with all applicable City, County, State and Federal Statutes, Codes, Ordinances, Resolutions and Regulations, permittee expressly accepts and agrees to comply with the following Conditions of Approval of this Permit:

Planning Department Conditions Unique to this Project

1. The site plan and floor plan dated November 15, 2021, (attached as Attachment #3 to the staff report for this project) have been reviewed and approved by the Planning Commission on January 12, 2022.

2. The number of persons shall not exceed the maximum occupancy load as determined by the Fire Department. If required by the Fire Department, signs indicating the occupant load shall be posted in a conspicuous place near the main entrance and must be posted prior to final inspection and prior to issuance of a certificate of occupancy for the retail store.

3. Signs for this facility shall comply with the all provisions of the sign code outlined in Fountain Valley Municipal Code.

4. The windows of the business shall be free of any obstruction, tinting, or painting, except for window signage as permitted by the Fountain Valley Sign Code.

5. The hours of operation shall be restricted to the hours from 8:00 a.m. to 7:00 p.m. seven (7) days a week. Hours of delivery shall be restricted to the hours of 7:00 a.m. to 8:00 p.m. Monday through Friday, 9:00 a.m. to 8:00 p.m. on Saturday, and no time on Sunday or legal holiday.

6. There shall be no trash dumping from the facility between the hours of 10:00 p.m. and 7:00 a.m., seven (7) days a week.

7. All non-refrigerant trucks shall not sit idling and shall be turned off when loading and unloading in the striped and unscreened loading space located north of the building located at 16112 Harbor Boulevard.

8. Signage shall be installed in the rear parking lot reminding employees/customers to be quiet and mindful of adjacent residential neighbors. Signage shall be subject to review and approval by the Planning & Building Director.

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9. There shall be a maximum of three (3) video games permitted within the subject facility.

10. Required landscaping shall be maintained in a neat, clean and healthy condition. This shall include pruning, mowing of lawns, weeding, removal of litter, fertilizing, replacement of plants when necessary, and the regular water of all plantings.

11. The rear/side doors shall not be used, except for emergencies, between the hours of 10:00 p.m. and 7:00 a.m.

12. Truck delivery material and goods shall not be stored outside of the building and shall be moved to the inside of the store expeditiously upon delivery.

13. The operator shall not permit vending machines, water machines, games, rides, etc. on the exterior of the building.

14. The approval of this Conditional Use Permit shall be contingent upon the approval of a finding of Public Convenience or Necessity (PCN) by the City Council if an overconcentration of off-sale liquor licenses exists in the Census Tract.

15. The sales of alcoholic beverages shall be restricted to 8:00 a.m. to 7:00 p.m., seven (7) days a week.

16. Thanh Long Supermarket, and/or future operators of the business located at 16112 Harbor Boulevard, shall comply with City of Fountain Valley Ordinance No. 1425 relating to the regulation and containment of shopping carts.

17. There shall be no live entertainment within the facility.

18. Alcohol sales, display, and storage is limited to the area shown on the approved floor plan (attached as Attachment # 3 to the staff report for this project) dated November 15, 2021.

19. The sale, display, and storage of alcoholic beverages sales is restricted to the area outlined on the floorplan dated November 15, 2021.

20. Install, and maintain in proper working order, security cameras around the premises.

These cameras should include, but are not limited to, visual coverage of the areas available to the public on the inside of the store, as well as the parking area in front of and behind the store. These cameras will have high resolution and low-light capability.

Video from all cameras will be recorded and made available to the Police Department upon request. A video camera plan shall be included in the applicant’s plan check submittal to the Building Department and security cameras shall be installed prior to issuance of certificate of occupancy for the retail store.

Applicant’s Initials

21. Consumption of liquor products on site at Street 16112 Harbor Boulevard is prohibited.

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22. The operator will ensure that there will be no drinking and/or loitering in the parking lot or within 100 feet of the establishment.

23. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee.

24. The Applicant shall post a prominent, permanent sign or signs stating, "No person under 21 will be sold alcoholic beverages" and "Valid ID is required to purchase alcoholic beverages." These signs shall be installed and verified by staff prior to city zoning clearance is given to the Department of Alcoholic Beverage Control.

25. The applicant shall ensure all pertinent employees have obtained Licensee Education on Alcohol and Drugs (LEAD) Certificates and copies of such certificates shall be kept on-site and made available for inspection by a public official upon request.

26. All requirements of a Type 20 ABC License and the City shall be observed at all times and such requirements shall be a condition of approval. The surrender, lapse, termination, suspension, or payment of a fine in lieu of suspension/termination, of the Alcoholic Beverage License issued for the site by the ABC shall be grounds for revocation of the CUP.

Planning Department Standard Conditions

27. Conditional Use Permit No. 1896 shall be approved and in effect for a period of 12 months from the original date of approval by the City Council, and/or Planning Commission. If no development has commenced at the end of this 12-month time period, project approval shall expire and be determined void. A one-year extension may be granted at the discretion of the Planning Director. A request for an extension of time should be made in writing by the applicant thirty (30) days prior to the expiration date.

Date of Project Approval: January 12, 2022
Date of Project Expiration: January 12, 2023

28. The resolution is not effective unless it is signed by the applicant indicating and acknowledging his/her understanding of the conditions imposed herein. The failure of the applicant to sign this permit in no way shall be deemed to confer any greater rights than are contained in this permit.

29. By signing and accepting the resolution, the applicant accepts the benefits conferred by the permit subject to the conditions imposed therein. By accepting the right to operate pursuant to the permit, the applicant waives all rights to challenge any condition imposed as unfair or unreasonable.

30. The applicant agrees to indemnify, hold harmless, and defend the City, its officers, agents and employees, from any and all liability or claims that may be brought against the City arising out of its approval of this permit, save and except that caused by City's active negligence. The applicant shall provide a copy of conditions of approval to each manager and to all employees.

31. The applicant shall comply with all federal, state, and local laws. Violations of any of those laws in connection with the use will be cause for revocation of this permit.

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32. Violation of any condition of approval shall result in revocation of this permit.

33. The Planning Director may interpret the implementation of each condition of approval and, with advanced notice, grant minor amendments to approved plans and/or conditions of approval based on changed circumstances, new information, and/or relevant factors as long as the spirit and intent of the approved condition of approval is satisfied. Permits shall not be issued until the proposed minor amendment has been reviewed and approved for conformance with the intent of the approved condition of approval. If the proposed changes are substantial in nature, an amendment to the original entitlement may be required pursuant to the provisions of the Fountain Valley Municipal Code.

34. This resolution supersedes previously approved resolutions for 16112 Harbor Boulevard.

35. Applicant shall comply with FVMC 21.24.110(27) which prohibits vehicle signs for the principal purpose of advertising a business.

36. No satellite dishes greater than 2.2 meters shall be installed on the subject property without approval of the Planning Commission.

37. All new and/or replaced roof-mounted mechanical equipment (air conditioning, heating, ventilation ducts, exhaust, etc.) shall be screened from the view of adjacent properties and rights-of-way as specifically approved by the Planning Director. Roof treatment shall be common to the building and extended to all four (4) building elevations.

38. Street and unit numbers are to be maintained in such a manner as to be plainly visible and shall not be hidden from view by trees, shrubs, bushes, etc., and other obstructions on the property. Street numbers shall be located and be a minimum size so that they are clearly visible from the street and be maintained on the front and rear doors. All numbers shall not be less than 6 in. in height and 2 in. in stroke and be of contrasting color from the background. Street and unit numbers must be installed prior to issuance of a certificate of occupancy.

39. The colors, materials and facades of the building shall be as approved by the Planning Commission. No changes to the colors or materials shall occur without approval by the Planning Director. Changes that the Planning Director deems to vary significantly from the originally approved design shall be forwarded to the Planning Commission for its review and determination.

40. Permittee acknowledges that Education Code Section 48200 et. seq. provides that persons between the ages of 6 and 18 are subject to compulsory education and are required to be in school unless exempted. Permittee agrees not to allow the business to become a "hang out" for truants and agrees not to allow youths to congregate or otherwise loiter in or around the business. Permittee shall take reasonable steps to control the conduct of others on this property so that it does not become a nuisance or otherwise disturb the peace and quiet of the neighborhood or peace, health and safety of the community.

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41. An alarm system shall be installed and be of a type that sounds a signal when it is activated.

42. Three or more sustained complaints within any one-year period received by the Fountain Valley Police Department regarding disturbances which have been caused by the business located at 16112 Harbor Boulevard may be grounds for revocation proceedings.

43. Refuse containment areas shall be provided with a screened and securable gate compliant with the Development Code and Rainbow Disposal specs.

44. There shall be no outdoor storage or display of any kind without the approval of a temporary use permit or in compliance with FVMC 21.10.050(a)(2) Permanent Outdoor Display and Sales.

45. The conditions herein contained shall run with the property and shall be binding on the applicant, and all heirs, executors, administrators, and successors in interest to the real property that is the subject of this approval.

Building Department Conditions

46. Install, maintain and provide for all California Disabled Access compliance per the California Building Code and the Division of State Architect. No encroachment into the disabled path of travel is allowed under any condition with the exception of emergency vehicles and personnel.

47. Projects must comply with the California Code of Regulations, Title 24; Fountain Valley Ordinances, and California law in effect at the time of plan submittal.

Police Department Conditions

48. There shall be no exterior advertising of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages on the premises.

49. No alcoholic beverages shall be consumed on any property or parking area under the control of the licensee.

50. To maintain the cleanliness of the building, the petitioner shall be responsible for maintaining the area adjacent to their premises over which they have control free of litter and graffiti.

51. Beer shall be sold in multi-pack quantities of a six-pack or more, with the exception of craft/microbrewery beers which can be sold in individual containers of not less than 16 ounces.

52. No wine shall be sold in bottles or containers smaller than 750 ml or less than a fourpack of wine coolers.

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RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOUNTAIN

VALLEY FINDING AND DETERMINING THAT THE PUBLIC

CONVENIENCE OR NECESSITY WOULD BE SERVED BY THE
ISSUANCE OF AN OFF-SALE BEER AND WINE (TYPE 20 ALCOHOLIC

BEVERAGE CONTROL) LICENSE FOR THE PREMISES LOCATED AT
16112 HARBOR BOULEVARD
WHEREAS, pursuant to applicable provisions of the Business and Professions Code of the State of California, the Department of Alcoholic Beverage Control (hereinafter the “ABC”) is charged with the responsibility of reviewing applications and issuance of licenses (“license”) for the sale and/or manufacture of alcoholic beverages in the State of California; and
WHEREAS, in 1994, the California legislature enacted AB 2897. Business and Professions Code Section 23958.4 prohibits the issuance of new alcohol retail licenses in any area that has an undue concentration of alcohol outlets unless a determination is made that the license would serve public convenience or necessity. The determination of “Public Convenience or Necessity” is either made by the ABC or by a local governing body, depending on license type; and
WHEREAS, Thanh Long Supermarket (“Applicant”) has petitioned the ABC for an Off-Sale Beer and Wine (Type 20) License and has requested that the City Council determine the Public Convenience or Necessity is warranted; and, WHEREAS, Section 23958 of the Business and Professions Code provides that the ABC shall deny an application for a license if issuance of that license would tend to create a law enforcement problem, or if issuance would result in or add to an undue concentration of licenses, except as provided in Section 23958.4 of said Business and Professions Code; and
WHEREAS, Section 23958.4 of the Business and Professions Code provides that, notwithstanding the limitations of Section 23958, the ABC may issue a license if the applicant shows that Public Convenience or Necessity would be served by the issuance of such license; and
WHEREAS, pursuant to Section 23958.4 of the Business and Professions Code, the local governing body in this case, the “City Council,” has the discretion to determine when Public Convenience or Necessity would be served by allowing an alcohol license in an area where there is an over concentration of licenses or where there is high crime; and

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WHEREAS, under state law Section 23790 of the Business and Professions Code, the ABC may not issue a liquor license if it violates an existing local zoning ordinance; and,
WHEREAS, the subject business is located in Census Tract 992.27 with population such that the ABC may permit up to two (2) off-sale licenses before an undue concentration would exist, and there are currently five (5) off-sale licenses in Census Tract 992.27; and,
WHEREAS, the request for determination of public convenience or necessity, hereinafter (“project”) is exempt from California Environmental Quality Act (CEQA) review under §15061(b)(3) of the CEQA Guidelines because a determination of Public Convenience or Necessity will not with reasonable certainty have any possible effect on the environment; and,
NOW, THEREFORE, the City Council of the City of Fountain Valley resolves as follows:

SECTION 1: The foregoing Recitals are incorporated herein and made a part hereof.

SECTION 2: That the Public Convenience or Necessity would be served by the proposed sale of beer and wine for off-premises consumption in conjunction with Thang Long Supermarket.

SECTION 3: The City Council does hereby find and determine that adoption of this Resolution is conditionally predicated upon compliance with each and all of the conditions set forth in Resolution No. 22-01 of Conditional Use Permit No. 1896. Should any such conditions, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void.

SECTION 4: The applicant has agreed to abide by the conditions of approval for the sale of alcohol as set forth in Resolution No. 22-01.

SECTION 5: Pursuant to §15061(b)(3) of the CEQA Guidelines, an activity is covered by the general rule that CEQA only applies to projects that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA review. Making a determination of Public Convenience or Necessity will not bring about any physical change to the environment. Therefore, in light of the whole record, it can be seen with certainty that the project has no potential to cause a significant effect on the environment. As such, the City finds that the project is exempt from the provisions of CEQA pursuant to CEQA Guidelines Section 15061(b)(3) ("general rule exemption").

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SECTION 6: The request for Public Convenience or Necessity determination is hereby approved for Thanh Long Supermarket.

SECTION 7: The City Manager and authorized designees are authorized to transmit Resolution No. to the ABC and take any other necessary actions, sign any other documents or instruments, as may be necessary, to implement, and affect this Resolution on behalf of the City.

PASSED, APPROVED, AND ADOPTED this 1st day of MARCH, 2022 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

City of Fountain Valley
________________________________
Patrick Harper, Mayor
ATTEST:
_______________________________
Rick Miller, City Clerk Administrator
Approved as to form:

Harper & Burns LLP
_______________________________
Attorneys for the City

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November 15, 2021

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Beer and Wine Sales

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CITY OF FOUNTAIN VALLEY

CITY COUNCIL

COUNCIL ACTION REQUEST
To: Honorable Mayor and Agenda Date: March 1, 2022
Members of the City Council
SUBJECT: An Ordinance of the City Council of the City of Fountain Valley Amending Chapter 6.08 of the Fountain Valley Municipal Code to Include Organic Waste Reduction and Recycling Requirements of Senate Bill (SB) 1383 EXECUTIVE SUMMARY:

Senate Bill 1383 (SB 1383) was signed into law on September 19, 2016 and is the most significant waste reduction mandate in the last 30 years. SB 1383 went into effect on January 1, 2022 and requires the city to amend the solid waste municipal code, Chapter

6.08, to comply with provisions of the legislation. The amendment will bring the City’s solid waste municipal code into compliance with SB 1383 requirements.

Staff recommends that the City Council hold a public hearing for the first reading of the amendment to Chapter 6.08 to include the requirements of SB 1383.

DISCUSSION:

On September 15, 2020 and April 6, 2021 presentations were provided to City Council on Senate Bill 1383 (SB 1383). SB 1383 was signed into law to reduce landfill generated greenhouse gases by reducing the disposal of organic waste, increasing edible food recovery, and requiring businesses and residents to recycle food waste. This new organic waste diversion and recycling program is required to be implemented by an enforceable ordinance. The amendment to Chapter 6.08 (attached) will allow the City to administer the following program components to be in compliance with the law:
 Provide organic waste recycling service to all residents and businesses  Administer a waiver program for exempt businesses
 Ensure regulated businesses have an edible food recovery program  Ability to conduct inspections and investigations at businesses and residents  Have an enforcement mechanism for non-compliant businesses and residents

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Council Action Request
Amendment to Solid Waste Municipal Code Chapter 6.08
March 1, 2022

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The new language in proposed municipal code is in red text and adds the following sections:
 6.08.200 Single-Family Organic Waste Generators
 6.08.210 Commercial Organic Waste Generators
 6.08.220 Waivers for Generators
 6.08.230 Requirements for Commercial Edible Food Generators  6.08.240 Requirements for Food Recovery Organizations and Services, Jurisdictions and Regional Agencies
 6.08.250 Requirements for Haulers and Facility Operators  6.08.260 Self-Hauler Requirements
 6.08.270 Inspections and Investigations by Jurisdiction  6.08.280 Enforcement
Implementation Efforts
City Staff and Michael Balliet Consulting regularly met with Republic Services to negotiate contract items, rates, and franchise agreement language. We continue to work toward amicable solutions that will maintain compliance and will be a benefit to our residential and commercial customers.

FINANCIAL ANALYSIS:

There is no fiscal impact to the City from the recommended action. City Staff is currently negotiating rates and program components for SB 1383 with Republic Services. At a future council meeting, there will be a Proposition 218 notice presented to City Council to consider a rate increase in compliance with the provisions of the law.

ATTORNEY REVIEW:

The Attorney for the City has reviewed and approved the amendment to Chapter 6.08.

ALTERNATIVES:

Alternative No. 1: Amend Chapter 6.08 – Solid Waste Management to include the requirements of SB 1383.

This is the recommended alternative as it will align the City’s municipal code with SB 1383

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Council Action Request
Amendment to Solid Waste Municipal Code Chapter 6.08
March 1, 2022

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Alternative No. 2: Do not amend Chapter 6.08 – Solid Waste Management to include the requirements of SB 1383 and direct staff to return with revised language to be presented at a future City Council meeting.

Alternative No. 3: Do not amend Chapter 6.08 – Solid Waste Management to include the requirements of SB 1383.

This is not recommended as the City’s municipal code would not align with the SB 1383 and will place the City in non-compliance with state required organic waste diversion and recycling requirements.

RECOMMENDATION:

Staff recommends that the City Council approve Alternative No. 1, which is to amend Chapter 6.08 – Solid Waste Management to include the requirements of SB 1383.

Prepared by: Loriana Hornik, Environmental Services Administrator Approved by: Hye Jin Lee, Director of Public Works
Fiscal Review by: Jennifer Lampman, Finance Director/Treasurer Approved by: Rob Houston, City Manager
Attachments:

1. Amended Municipal Code

2. Notice of Public Hearing

3. Affidavit of Publication (published on February 16, 2022 on Orange County Register)

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ORDINANCE NO

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FOUNTAIN VALLEY

AMENDING THE FOUNTAIN VALLEY MUNICIPAL CODE TO IMPLEMENT THE REQUIREMENTS OF THE SENATE BILL 1383 (MANDATORY ORGANIC WASTE DISPOSAL REDUCTION).

WHEREAS, the City Council has adopted a Municipal Code that sets forth its regulations for solid waste collection; and
WHEREAS, SB 1383, the Short-Lived Climate Pollutant Reduction Act of 2016, required Cal Recycle to develop regulations to reduce organics in landfills as a source of methane; and WHEREAS, SB 1383 requires jurisdictions to adopt an ordinance or enforceable mechanism to implement relevant provisions of SB 1383 Regulations; and WHEREAS, the City Council does hereby desire to amend its Municipal Code to make changes in that Code to make it consistent with the new state law and regulations.

NOW, THEREFORE, the City Council of the City of Fountain Valley does hereby ORDAIN as follows:

Section 1. That Chapter 6.08 of the Fountain Valley Municipal Code is repealed and reenacted as follows:

Chapter 6.08 SOLID WASTE

6.08.010 Purpose.

The purpose of this chapter is to provide for the collection and disposition of solid waste within the city in compliance with all laws and to facilitate the recycling of materials and otherwise reduce waste going to the landfills. (Ord. 1397 § 1, 2007)

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6.08.020 Definitions.

The following definitions shall apply to this chapter:
(a) “Blue Container” has the same meaning as in 14 CCR Section 18982.2(a)(5) and shall be used for the purpose of storage and collection of Source Separated Recyclable Materials or Source Separated Blue Container Organic Waste. (b) “CalRecycle” means California's Department of Resources Recycling and Recovery, which is the Department designated with responsibility for developing, implementing, and enforcing SB 1383 Regulations on Jurisdictions (and others). (c) “California Code of Regulations” or “CCR” means the State of California Code of Regulations. CCR references in this ordinance are preceded with a number that refers to the relevant Title of the CCR (e.g., “14 CCR” refers to Title 14 of CCR). (d) “Commercial Business” or “Commercial” means a firm, partnership, proprietorship, joint-stock company, corporation, or association, whether for-profit or nonprofit, strip mall, industrial facility, or a Multifamily Residential Dwelling, or as otherwise defined in 14 CCR Section 18982(a)(6). A Multi-Family Residential Dwelling that consists of fewer than five (5) units is not a Commercial Business for purposes of implementing this ordinance.
(e) “Commercial Edible Food Generator” includes a Tier One or a Tier Two Commercial Edible Food Generator as defined in Sections 6.08.020(rrr) and

6.08.020(sss) of this ordinance or as otherwise defined in 14 CCR Section 18982(a)(73) and (a)(74). For the purposes of this definition, Food Recovery Organizations and Food Recovery Services are not Commercial Edible Food Generators pursuant to 14 CCR Section 18982(a)(7).
(f) “Compliance Review” means a review of records by the Jurisdiction to determine compliance with this ordinance.
(g) “Community Composting” means any activity that composts green material, agricultural material, food material, and vegetative food material, alone or in combination, and the total amount of feedstock and Compost on-site at any one time does not exceed 100 cubic yards and 750 square feet, as specified in 14 CCR Section 17855(a)(4); or, as otherwise defined by 14 CCR Section 18982(a)(8). (h) “Compost” has the same meaning as in 14 CCR Section 17896.2(a)(4), which states, as of the effective date of this ordinance, that “Compost” means the product resulting from the controlled biological decomposition of organic Solid Wastes that are Source Separated from the municipal Solid Waste stream, or which are separated at a centralized facility.

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(i) “Compostable Plastic” means plastic materials that meet the ASTM D6400 standard for compostability, or as otherwise described in 14 CCR Section 18984.1(a)(1)(A) or 18984.2(a)(1)(C).
(j) “Container Contamination” or “Contaminated Container” means a container, regardless of color, that contains Prohibited Container Contaminants, or as otherwise defined in 14 CCR Section 18982(a)(55).
(k) “C&D” means construction and demolition debris.
(l) “Designated Source Separated Organic Waste Facility”, as defined in 14 CCR Section 18982(14.5), means a Solid Waste facility that accepts a Source Separated Organic Waste collection stream as defined in 14 CCR Section 17402(a) (26.6) and complies with one of the following:
(1) The facility is a “transfer/processor,” as defined in 14 CCR Section 18815.2(a)(62), that is in compliance with the reporting requirements of 14 CCR Section 18815.5(d), and meets or exceeds an annual average Source Separated organic content Recovery rate of 50 percent between January 1, 2022 and December 31, 2024 and 75 percent on and after January 1, 2025 as calculated pursuant to 14 CCR Section 18815.5(f) for Organic Waste received from the Source Separated Organic Waste collection stream. (A) If a transfer/processor has an annual average Source Separated organic content Recovery rate lower than the rate required in Paragraph 1 of this definition for two (2) consecutive reporting periods, or three (3) reporting periods within three (3) years, the facility shall not qualify as a “Designated Source Separated Organic Waste Facility”.
(2) The facility is a “composting operation” or “composting facility” as defined in 14 CCR Section 18815.2(a)(13), that pursuant to the reports submitted under 14 CCR Section 18815.7 demonstrates that the percent of the material removed for landfill disposal that is Organic Waste is less than the percent specified in 14 CCR Section 17409.5.8(c)(2) or 17409.5.8(c)(3), whichever is applicable, and, if applicable, complies with the digestate handling requirements specified in 14 CCR Section 17896.5. (A) If the percent of the material removed for landfill disposal that is Organic Waste is more than the percent specified in 14 CCR Section 17409.5.8(c)(2) or 17409.5.8(c)(3), for two (2) consecutive reporting periods, or three (3) reporting periods within three (3) years, the facility shall not qualify as a “Designated Source Separated Organic Waste Facility.” For the purposes of this ordinance, the reporting periods shall be consistent with those defined in 14 CCR Section 18815.2(a)(49).

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(m) “Designee” means an entity the Jurisdiction contracts with or otherwise arranges to carry out any of the Jurisdiction’s responsibilities of this ordinance as authorized in 14 CCR Section 18981.2. A Designee may be a government entity, a hauler, a private entity, or a combination of those entities.
(n) “Edible Food” means food intended for human consumption, or as otherwise defined in 14 CCR Section 18982(a)(18). For the purposes of this ordinance or as otherwise defined in 14 CCR Section 18982(a)(18), “Edible Food” is not Solid Waste if it is recovered and not discarded. Nothing in this ordinance or in 14 CCR, Division 7, Chapter 12 requires or authorizes the Recovery of Edible Food that does not meet the food safety requirements of the California Retail Food Code. (o) “Enforcement Action" means an action of the Jurisdiction to address noncompliance with this ordinance including, but not limited to, issuing administrative citations, fines, penalties, or using other remedies.
(p) “Excluded Waste” means hazardous substance, hazardous waste, infectious waste, designated waste, volatile, corrosive, medical waste, infectious, regulated radioactive waste, and toxic substances or material that facility operator(s), which receive materials from the Jurisdiction and its generators, reasonably believe(s) would, as a result of or upon acceptance, transfer, processing, or disposal, be a violation of local, State, or Federal law, regulation, or ordinance, including: land use restrictions or conditions, waste that cannot be disposed of in Class III landfills or accepted at the facility by permit conditions, waste that in Jurisdiction’s, or its Designee’s reasonable opinion would present a significant risk to human health or the environment, cause a nuisance or otherwise create or expose Jurisdiction, or its Designee, to potential liability; but not including de minimis volumes or concentrations of waste of a type and amount normally found in Single-Family or Multi-Family Solid Waste after implementation of programs for the safe collection, processing, recycling, treatment, and disposal of batteries and paint in compliance with Sections 41500 and 41802 of the California Public Resources Code. (q) “Food Distributor” means a company that distributes food to entities including, but not limited to, Supermarkets and Grocery Stores, or as otherwise defined in 14 CCR Section 18982(a)(22).
(r) “Food Facility” has the same meaning as in Section 113789 of the Health and Safety Code.
(s) “Food Recovery” means actions to collect and distribute food for human consumption that otherwise would be disposed, or as otherwise defined in 14 CCR Section 18982(a)(24).
(t) “Food Recovery Organization” means an entity that engages in the collection or receipt of Edible Food from Commercial Edible Food Generators and distributes that Edible Food to the public for Food Recovery either directly or through other

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entities or as otherwise defined in 14 CCR Section 18982(a)(25), including, but not limited to:
(1) A food bank as defined in Section 113783 of the Health and Safety Code; (2) A nonprofit charitable organization as defined in Section 113841 of the Health and Safety code; and,
(3) A nonprofit charitable temporary food facility as defined in Section 113842 of the Health and Safety Code.

A Food Recovery Organization is not a Commercial Edible Food Generator for the purposes of this ordinance and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7).

If the definition in 14 CCR Section 18982(a)(25) for Food Recovery Organization differs from this definition, the definition in 14 CCR Section 18982(a)(25) shall apply to this ordinance.
(u) “Food Recovery Service” means a person or entity that collects and transports Edible Food from a Commercial Edible Food Generator to a Food Recovery Organization or other entities for Food Recovery, or as otherwise defined in 14 CCR Section 18982(a)(26). A Food Recovery Service is not a Commercial Edible Food Generator for the purposes of this ordinance and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7). (v) “Food Scraps” means all food such as, but not limited to, fruits, vegetables, meat, poultry, seafood, shellfish, bones, rice, beans, pasta, bread, cheese, and eggshells. Food Scraps excludes fats, oils, and grease when such materials are Source Separated from other Food Scraps.
(w) “Food Service Provider” means an entity primarily engaged in providing food services to institutional, governmental, Commercial, or industrial locations of others based on contractual arrangements with these types of organizations, or as otherwise defined in 14 CCR Section 18982(a)(27).
(x) “Food-Soiled Paper” is compostable paper material that has come in contact with food or liquid, such as, but not limited to, compostable paper plates, paper coffee cups, napkins, pizza boxes, and milk cartons.
(y) “Food Waste” means Food Scraps, Food-Soiled Paper, and Compostable Plastics. (z) “Gray Container” has the same meaning as in 14 CCR Section 18982.2(a)(28) and shall be used for the purpose of storage and collection of Gray Container Waste. (aa) “Gray Container Waste” means Solid Waste that is collected in a Gray Container that is part of a three-container Organic Waste collection service that prohibits the placement of Organic Waste in the Gray Container as specified in 14 CCR

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Sections 18984.1(a) and (b), or as otherwise defined in 14 CCR Section 17402(a) (6.5).
(bb) “Green Container” has the same meaning as in 14 CCR Section 18982.2(a)(29) and shall be used for the purpose of storage and collection of Source Separated Green Container Organic Waste.
(cc) “Grocery Store” means a store primarily engaged in the retail sale of canned food; dry goods; fresh fruits and vegetables; fresh meats, fish, and poultry; and any area that is not separately owned within the store where the food is prepared and served, including a bakery, deli, and meat and seafood departments, or as otherwise defined in 14 CCR Section 18982(a)(30).
(dd) “Hauler Route” means the designated itinerary or sequence of stops for each segment of the Jurisdiction’s collection service area, or as otherwise defined in 14 CCR Section 18982(a) (31.5).
(ee) “High Diversion Organic Waste Processing Facility” means a facility that is in compliance with the reporting requirements of 14 CCR Section 18815.5(d) and meets or exceeds an annual average Mixed Waste organic content Recovery rate of 50 percent between January 1, 2022 and December 31, 2024, and 75 percent after January 1, 2025, as calculated pursuant to 14 CCR Section 18815.5(e) for Organic Waste received from the “Mixed Waste Organic Collection Stream” as defined in 14 CCR Section 17402(a)(11.5); or, as otherwise defined in 14 CCR Section 18982(a)(33).
(ff) “Inspection” means a site visit where a Jurisdiction reviews records, containers, and an entity’s collection, handling, recycling, or landfill disposal of Organic Waste or Edible Food handling to determine if the entity is complying with requirements set forth in this ordinance, or as otherwise defined in 14 CCR Section 18982(a)(35).
(gg) “Jurisdiction” means the City of Fountain Valley.
(hh) “Jurisdiction Enforcement Official” means the city manager, or his/her authorized Designee(s) who is/are partially or wholly responsible for enforcing this Chapter. (ii) “Large Event” means an event, including, but not limited to, a sporting event or a flea market, that charges an admission price, or is operated by a local agency, and serves an average of more than 2,000 individuals per day of operation of the event, at a location that includes, but is not limited to, a public, nonprofit, or privately owned park, parking lot, golf course, street system, or other open space when being used for an event. If the definition in 14 CCR Section 18982(a)(38) differs from this definition, the definition in 14 CCR Section 18982(a)(38) shall apply to this ordinance.
(jj) “Large Venue” means a permanent venue facility that annually seats or serves an average of more than 2,000 individuals within the grounds of the facility per day of

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operation of the venue facility. For purposes of this ordinance and implementation of 14 CCR, Division 7, Chapter 12, a venue facility includes, but is not limited to, a public, nonprofit, or privately owned or operated stadium, amphitheater, arena, hall, amusement park, conference or civic center, zoo, aquarium, airport, racetrack, horse track, performing arts center, fairground, museum, theater, or other public attraction facility. For purposes of this ordinance and implementation of 14 CCR, Division 7, Chapter 12, a site under common ownership or control that includes more than one Large Venue that is contiguous with other Large Venues in the site, is a single Large Venue. If the definition in 14 CCR Section 18982(a)(39) differs from this definition, the definition in 14 CCR Section 18982(a)(39) shall apply to this ordinance.
(kk) “Local Education Agency” means a school district, charter school, or county office of education that is not subject to the control of city or county regulations related to Solid Waste, or as otherwise defined in 14 CCR Section 18982(a)(40). (ll) “Mixed Waste” means Organic Waste collected in a container that is required by 14 CCR Sections 18984.1, 18984.2 or 18984.3 to be taken to a High Diversion Organic Waste Processing Facility or as otherwise defined in 14 CCR Section 17402(a) (11.5).
(mm) “Multi-Family Commercial Dwelling” or “Multi-Family” means of, from, or pertaining to residential premises with five (5) or more dwelling units. Multi-Family premises do not include hotels, motels, or other transient occupancy facilities, which are considered Commercial Businesses. This definition is a subset of “Commercial Business”.
(mm) “Multi-Family Residential Dwelling” or “Multi-Family” means of, from, or pertaining to residential premises with two (2) to four (4) dwelling units. Such Multi-Family premises are not considered Commercial Businesses with respect to SB 1383 compliance.
(nn) “MWELO” refers to the Model Water Efficient Landscape Ordinance (MWELO), 23 CCR, Division 2, Chapter 2.7.
(oo) “Non-Compostable Paper” includes but is not limited to paper that is coated in a plastic material that will not breakdown in the composting process, or as otherwise defined in 14 CCR Section 18982(a)(41).
(pp) “Non-Local Entity” means the following entities that are not subject to the Jurisdiction’s enforcement authority, or as otherwise defined in 14 CCR Section 18982(a)(42):
(1) Special district(s) located within the boundaries of the Jurisdiction, including the Orange County Water District, Orange County Sanitation District, and Municipal Water District of Orange County.

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(2) Public universities (including community colleges) located within the boundaries of the Jurisdiction, including Coastline Community College. (3) Local school district(s) located within the boundaries of the Jurisdiction, including the Huntington Beach Union High School District, Fountain Valley Unified School District, Ocean View School District and Garden Grove Unified School District.
(qq) “Non-Organic Recyclables” means non-putrescible and non-hazardous recyclable wastes including but not limited to bottles, cans, metals, plastics and glass, or as otherwise defined in 14 CCR Section 18982(a)(43).
(rr) “Notice of Violation (NOV)” means a notice that a violation has occurred, or as otherwise defined in 14 CCR Section 18982(a)(45) or further explained in 14 CCR Section 18995.4.
(ss) “Organic Waste” means Solid Wastes containing material originated from living organisms and their metabolic waste products, including but not limited to food, green material, landscape and pruning waste, organic textiles and carpets, lumber, wood, Paper Products, Printing and Writing Paper, manure, biosolids, digestate, and sludges or as otherwise defined in 14 CCR Section 18982(a)(46). Biosolids and digestate are as defined by 14 CCR Section 18982(a). (tt) “Organic Waste Generator” means a person or entity that is responsible for the initial creation of Organic Waste, or as otherwise defined in 14 CCR Section 18982(a)(48).
(uu) “Paper Products” include, but are not limited to, paper janitorial supplies, cartons, wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, and toweling, or as otherwise defined in 14 CCR Section 18982(a)(51). (x) “Printing and Writing Papers” include, but are not limited to, copy, xerographic, watermark, cotton fiber, offset, forms, computer printout paper, white wove envelopes, manila envelopes, book paper, note pads, writing tablets, newsprint, and other uncoated writing papers, posters, index cards, calendars, brochures, reports, magazines, and publications, or as otherwise defined in 14 CCR Section 18982(a)(54).
(ww) “Prohibited Container Contaminants”
(1) Three-container or three-plus-container collection service (Blue Container, Green Container, and Gray Containers): “Prohibited Container Contaminants” means the following: (i) discarded materials placed in the Blue Container that are not identified as acceptable Source Separated Recyclable Materials for the Jurisdiction’s Blue Container; (ii) discarded materials placed in the Green Container that are not identified as acceptable Source Separated Green Container Organic Waste for the Jurisdiction’s Green Container; (iii) discarded materials placed in the Gray Container that

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are acceptable Source Separated Recyclable Materials and/or Source Separated Green Container Organic Wastes to be placed in Jurisdiction’s Green Container and/or Blue Container; and, (iv) Excluded Waste placed in any container.
(2) Two-container (green/gray) collection service for Source Separated Green Container Organic Waste and mixed materials): “Prohibited Container Contaminants” means the following: (i) discarded materials placed in a Green Container that are not identified as acceptable Source Separated Green Container Organic Waste for the Jurisdiction’s Green Container; (ii) discarded materials placed in the Gray Container that are identified as acceptable Source Separated Green Container Organic Waste, which are to be separately collected in Jurisdiction’s Green Container; and, (iii) Excluded Waste placed in any container.
(3) Two-container (blue/gray) collection service for Source Separated Recyclable Materials and mixed materials): “Prohibited Container Contaminants” means the following: (i) discarded materials placed in a Blue Container that are not identified as acceptable Source Separated Recyclable Materials for Jurisdiction’s Blue Container; (ii) discarded materials placed in the Gray Container that are identified as acceptable Source Separated Recyclable Materials, which are to be separately collected in Jurisdiction’s Blue Container; and, (iii) Excluded Waste placed in any container.
(xx) “Recovered Organic Waste Products” means products made from California, landfill-diverted recovered Organic Waste processed in a permitted or otherwise authorized facility, or as otherwise defined in 14 CCR Section 18982(a)(60). (yy) “Recovery” means any activity or process described in 14 CCR Section 18983.1(b), or as otherwise defined in 14 CCR Section 18982(a)(49). (zz) “Recycled-Content Paper” means Paper Products and Printing and Writing Paper that consists of at least 30 percent, by fiber weight, postconsumer fiber, or as otherwise defined in 14 CCR Section 18982(a)(61).
(aaa) “Regional Agency” means regional agency as defined in Public Resources Code Section 40181.
(bbb) “Regional or County Agency Enforcement Official” means a regional or county agency enforcement official, with responsibility for enforcing the ordinance in conjunction or consultation with Jurisdiction Enforcement Official. (ccc) “Remote Monitoring” means the use of the internet of things (IoT) and/or wireless electronic devices to visualize the contents of Blue Containers, Green Containers, and Gray Containers for purposes of identifying the quantity of materials in containers (level of fill) and/or presence of Prohibited Container Contaminants.

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(ddd) “Renewable Gas” means gas derived from Organic Waste that has been diverted from a California landfill and processed at an in-vessel digestion facility that is permitted or otherwise authorized by 14 CCR to recycle Organic Waste, or as otherwise defined in 14 CCR Section 18982(a)(62).
(eee) “Restaurant” means an establishment primarily engaged in the retail sale of food and drinks for on-premises or immediate consumption, or as otherwise defined in 14 CCR Section 18982(a)(64).
(fff) “Route Review” means a visual Inspection of containers along a Hauler Route for the purpose of determining Container Contamination and may include mechanical Inspection methods such as the use of cameras, or as otherwise defined in 14 CCR Section 18982(a)(65).
(ggg) “SB 1383” means Senate Bill 1383 of 2016 approved by the Governor on September 19, 2016, which added Sections 39730.5, 39730.6, 39730.7, and 39730.8 to the Health and Safety Code, and added Chapter 13.1 (commencing with Section 42652) to Part 3 of Division 30 of the Public Resources Code, establishing methane emissions reduction targets in a Statewide effort to reduce emissions of short-lived climate pollutants as amended, supplemented, superseded, and replaced from time to time.
(hhh) “SB 1383 Regulations” or “SB 1383 Regulatory” means or refers to, for the purposes of this ordinance, the Short-Lived Climate Pollutants: Organic Waste Reduction regulations developed by CalRecycle and adopted in 2020 that created 14 CCR, Division 7, Chapter 12 and amended portions of regulations of 14 CCR and 27 CCR.
(iii) “Self-Hauler” means a person, who hauls Solid Waste, Organic Waste or recyclable material he or she has generated to another person. Self-hauler also includes a person who back-hauls waste, or as otherwise defined in 14 CCR Section 18982(a)(66). Back-haul means generating and transporting Organic Waste to a destination owned and operated by the generator using the generator’s own employees and equipment, or as otherwise defined in 14 CCR Section 18982(a)(66)(A).
(jjj) “Single-Family” means of, from, or pertaining to residential premises consisting of a single unit.
(kkk) “Solid Waste” has the same meaning as defined in State Public Resources Code Section 40191, which defines Solid Waste as all putrescible and nonputrescible solid, semisolid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, dewatered, treated, or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid and semi-solid wastes, and other discarded solid and

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semisolid wastes, with the exception that Solid Waste does not include any of the following wastes:
(1) Hazardous waste, as defined in the State Public Resources Code Section 40141.
(2) Radioactive waste regulated pursuant to the State Radiation Control Law (Chapter 8 (commencing with Section 114960) of Part 9 of Division 104 of the State Health and Safety Code).
(3) Medical waste regulated pursuant to the State Medical Waste Management Act (Part 14 (commencing with Section 117600) of Division 104 of the State Health and Safety Code). Untreated medical waste shall not be disposed of in a Solid Waste landfill, as defined in State Public Resources Code Section 40195.1. Medical waste that has been treated and deemed to be Solid Waste shall be regulated pursuant to Division 30 of the State Public Resources Code.
(lll) “Source Separated” means materials, including commingled recyclable materials, that have been separated or kept separate from the Solid Waste stream, at the point of generation, for the purpose of additional sorting or processing those materials for recycling or reuse in order to return them to the economic mainstream in the form of raw material for new, reused, or reconstituted products, which meet the quality standards necessary to be used in the marketplace, or as otherwise defined in 14 CCR Section 17402.5(b)(4). For the purposes of the ordinance, Source Separated shall include separation of materials by the generator, property owner, property owner’s employee, property manager, or property manager’s employee into different containers for the purpose of collection such that Source Separated materials are separated from Gray Container Waste/Mixed Waste or other Solid Waste for the purposes of collection and processing. (mmm) “Source Separated Blue Container Organic Waste” means Source Separated Organic Wastes that can be placed in a Blue Container that is limited to the collection of those Organic Wastes and Non-Organic Recyclables as defined in Section 18982(a)(43), or as otherwise defined by Section 17402(a) (18.7). (nnn) “Source Separated Green Container Organic Waste” means Source Separated Organic Waste that can be placed in a Green Container that is specifically intended for the separate collection of Organic Waste by the generator, excluding Source Separated Blue Container Organic Waste, carpets, Non-Compostable Paper, and textiles.
(ooo) “Source Separated Recyclable Materials” means Source Separated Non-Organic Recyclables and Source Separated Blue Container Organic Waste. (ppp) “State” means the State of California.

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(qqq) “Supermarket” means a full-line, self-service retail store with gross annual sales of two million dollars ($2,000,000), or more, and which sells a line of dry grocery, canned goods, or nonfood items and some perishable items, or as otherwise defined in 14 CCR Section 18982(a)(71).
(rrr) “Tier One Commercial Edible Food Generator” means a Commercial Edible Food Generator that is one of the following:
(1) Supermarket.
(2) Grocery Store with a total facility size equal to or greater than 10,000 square feet.
(3) Food Service Provider.
(4) Food Distributor.
(5) Wholesale Food Vendor.

If the definition in 14 CCR Section 18982(a)(73) of Tier One Commercial Edible Food Generator differs from this definition, the definition in 14 CCR Section 18982(a)(73) shall apply to this ordinance.
(sss) “Tier Two Commercial Edible Food Generator” means a Commercial Edible Food Generator that is one of the following:
(1) Restaurant with 250 or more seats, or a total facility size equal to or greater than 5,000 square feet.
(2) Hotel with an on-site Food Facility and 200 or more rooms. (3) Health facility with an on-site Food Facility and 100 or more beds. (4) Large Venue.
(5) Large Event.
(6) A State agency with a cafeteria with 250 or more seats or total cafeteria facility size equal to or greater than 5,000 square feet. (7) A Local Education Agency facility with an on-site Food Facility.

If the definition in 14 CCR Section 18982(a)(74) of Tier Two Commercial Edible Food Generator differs from this definition, the definition in 14 CCR Section 18982(a)(74) shall apply to this ordinance.
(ttt) “Uncontainerized Green Waste and Yard Waste Collection Service” or “Uncontainerized Service” means a collection service that collects green waste and yard waste that is placed in a pile or bagged for collection on the street in front

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of a generator’s house or place of business for collection and transport to a facility that recovers Source Separated Organic Waste, or as otherwise defined in 14 CCR Section 189852(a)(75).
(uuu) “Wholesale Food Vendor” means a business or establishment engaged in the merchant wholesale distribution of food, where food (including fruits and vegetables) is received, shipped, stored, prepared for distribution to a retailer, warehouse, distributor, or other destination, or as otherwise defined in 14 CCR Section 189852(a)(76).

6.08.030 Franchise or agreement.
(a) The city may award a contract or a partial or full franchise to a collection company to provide waste collection services within the city.
(b) Any person desiring to obtain a franchise or contract to remove or convey any garbage or rubbish from a container within the city to a waste disposal or transfer station in the county utilizing any public street, alley or highway or other public place within the city shall first file an application with the city clerk stating his or her name and address and the conditions under which he or she intends to perform said services under a contract or franchise for the city.
(c) If the city has exercised its option to award an exclusive franchise for solid waste collection pursuant to Public Resources Code Section 40059, no person other than the franchisee or its officers, agents, and employees, shall engage in such activity within the city limits during the term of that exclusive franchise. (Ord. 1397 § 1, 2007)

6.08.040 Waste diversion.

The city and the city’s contractor or franchisee shall ensure that the city meets all state requirements for diversion of waste from landfill disposal. The city shall encourage source reduction and recycling and other ways to divert waste from the landfills in ways that benefit the environment. This includes revised organic processing to reduce pollutants. (Ord. 1397 § 1, 2007)

6.08.050 Flow control.

The city shall maintain waste flow control and shall retain the authority to direct the disposition of refuse. The conditions under which such power is exercised may be set forth in the city’s contract or franchise agreement for collection services. (Ord. 1397 § 1, 2007)

6.08.060 Ownership of material.

The city and its duly authorized contractor or franchisee shall own all material once it is deposited into receptacles for collection. Before such materials are deposited in those

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receptacles for collection, the owner may dispose of those materials in any lawful manner, including self-hauling waste to an appropriate landfill or other appropriate facility, or selling or donating recyclable material. Once the material is placed in a residential refuse or recycling container at curbside or in a commercial dumpster, title to the material passes to the city or its duly authorized contractor or franchisee. (Ord. 1496 § 1, 2014)

6.08.070 Scavenging prohibited.
(a) Prohibition. Scavenging is prohibited. No person shall remove any item, including, but not limited to, newsprint, cardboard, bottles, cans, or metal, that has been placed in any recycling or refuse bin, container, cart, trashcan, or dumpster. (b) Affirmative Defense. This section shall not apply to:
(1) City’s duly authorized trash contractor or franchisee; or (2) Persons removing items from a bin, container, cart, trashcan, or dumpster that is located at their residence, place of business, or place of employment. (Ord. 1496 § 2, 2014; Ord. 1397 § 1, 2007)

6.08.080 Responsibility for providing containers.

The authorized contractor or franchisee shall provide every single-family dwelling unit or units with one ninety-five-gallon cart for collection of non-organic waste, one ninetyfive-gallon cart for the collection of organic material, and one ninety-five-gallon cart for collection of recyclable material. The authorized contractor or franchisee may provide one sixty-five-gallon cart for collection of non-organic waste and one sixty-five-gallon cart for the collection of organic waste material and one sixty-five-gallon cart for collection of recyclable waste, or one sixty-five-gallon cart for collection of no-organic waste for customers with inadequate storage for the standard three ninety-five-gallon carts allocation. The authorized contractor or franchisee shall repair or replace damaged carts within three days of notification of such damage by resident or city. Carts damaged through misuse by the resident will be repaired or replaced by the contractor or franchisee and the resident charged the cost for the repair or replacement of the cart. (Ord. 1397 § 1, 2007)

6.08.090 Non- Organic, organic and recyclable material cart requirements. (a) All non-organic waste, organic and recyclable material set out for collection at curbside shall be placed in containers that satisfy the following requirements:
(1) Carts shall not exceed ninety-five gallons in capacity; (2) Carts shall be constructed of plastic or similar watertight material; (3) Carts shall be equipped with fixed handles located below the top edge of the cart that are large enough to accommodate a gloved hand;
(4) Carts shall have a watertight cover that is attached to the cart; (5) Carts shall have two wheels at their base;

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(6) Carts shall be supplied by the city’s franchisee and shall be standardized as approved by the city;
(7) Lids of containers shall be closed for sanitary and odor purposes and to prevent varmint, vermin and bird access and insect and pest breeding. (b) No person shall place any container or cart with non-organic waste, organic, or recyclable material on public property for collection unless the cart fully complies with subsection (a) of this section. No refuse will be collected from the curbside unless the refuse is placed in carts that comply with subsection (a) of this section. (Ord. 1397 § 1, 2007)

6.08.100 Commercial refuse bin requirements.

Any multi-family commercial or multi-family residential property, which utilizes commercial refuse bins for the storage of garbage or refuse, shall utilize a bin with a lid or cover sufficient to prevent: (1) odor from escaping the container; (2) flies and other insects from coming into contact with the contents of the container; (3) the contents from leaving the interior of the container; and (4) rain or water from entering the interior of the container. It shall be the responsibility of the owner of the premises to ensure that lids are completely closed, and bins are not overfilled. Further, any multi-residential complex or business utilizing any commercial refuse bins shall ensure that the garbage and refuse accumulated in the bins is picked up and disposed of at least once per week and shall maintain each bin and bin enclosure in a clean and sanitary manner. (Ord. 1397 § 1, 2007)

6.08.110 Contents of carts.

Persons disposing of their solid waste shall place the same as follows:
(1) Recyclable materials shall only be deposited in the blue recyclable container. (2) Organic and other organic waste shall only be placed in the organic container. (3) Solid waste that is not recyclable material or green waste, and that is not prohibited material, shall be placed in the non-organic gray container. (4) Persons shall not place their solid waste in containers except as provided herein. (Ord. 1397 § 1, 2007)

6.08.120 Prohibited materials.
(a) No person shall set out for collection any of the following materials:
(1) Ammunition or explosives;
(2) Industrial wastes, caustic or hazardous chemicals or acids; (3) Pathological, biomedical, toxic or radioactive waste; (4) Drugs or medicines;
(5) Human feces, unwrapped animal feces or dead animals;

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(6) Liquids, paints, or any substance the disposal of which is regulated by the Hazardous Substances Act, or regulations adopted pursuant thereto; (7) Any material, the disposal of which is prohibited within county landfills, including, but not limited to, items longer than four feet in length or items more than eighteen inches in diameter;
(8) Lube oils;
(9) Items which are too large for, or which may damage, the collection equipment or machinery such as large pieces of metal, machine parts, logs and tree stumps; (10) Hypodermic needles unless broken and placed within a plastic container which cannot be pierced by the needle.
(b) Sod, building scraps, bricks, concrete and other building or construction material may be refused at the discretion of the collector. (Ord. 1397 § 1, 2007)

6.08.130 Accumulation limitation.

No person who owns, controls, or occupies any premises shall permit solid waste to accumulate for a period in excess of one calendar week, or refuse or cuttings to accumulate for a period of fifteen days, or fail, refuse or neglect to place such solid waste and such refuse and cuttings for collection in accordance with schedules established therefor, the provisions of this chapter, and rules and regulations established pursuant thereto. (Ord. 1397 § 1, 2007)

6.08.140 Storage and placement of carts for collection. (a) Carts shall be stored in a garage, trash enclosure, or in the side yard and away from public view except when the containers are placed out for collection. (b) Placement for Collection.
(1) Carts shall be placed for collection in a location easily accessible to the refuse collector in the street adjacent to the curb.
(2) If refuse is collected from an alley abutting the premises, carts shall be placed for collection as close to the alley property line as feasible and on private property. (3) Carts shall not be considered placed for collection and garbage, refuse and cuttings will not be collected unless containers are removed from any enclosure, structure, cabinet, or shelf.
(4) Carts shall be placed for collection before six a.m. on collection days, but not earlier than six p.m. the day preceding the collection day, and containers shall be relocated to their required storage place as soon as possible after collection, but no later than nine p.m. of the day of collection.
(c) The owner and tenant are each responsible for the placement of carts provided. (d) No person shall store or place carts in violation of this section. (Ord. 1397 § 1, 2007)

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6.08.150 Standards for collections.
(a) Equipment used by the contractor for collection and hauling of garbage and trash shall be such as to assure, in the opinion of the city manager, that adequate standards of collection will be maintained. It is the declared interest of the city that the contractor be able to provide a wide variety of containers to meet the capacity requirements of commercial, industrial and multiple residential users. Equipment used shall be watertight.

Complete metal operating covers must be a part of the design of equipment employed.

No material shall be permitted to leak, fall or be spilled onto city streets, alleys or highways. Any such leakage or spills occurring shall be immediately corrected and the area cleaned. Equipment used must employ adequate safety conditions for operating personnel and the public and must be maintained in good mechanical condition. (b) All collections shall be made as quietly as possible and no unnecessarily noisy trucks or equipment shall be used. Employees of the contractor who are unnecessarily noisy or who violate the provisions of the California Vehicle Code and/or any applicable city ordinance in the collection of such materials shall be barred from the performance of any duties on city streets and rights-of-way upon demand of the city manager. (c) Collections shall only be made between the hours of six-thirty a.m. and six-thirty p.m. unless the permission of the city manager is obtained. (Ord. 1397 § 1, 2007)

6.08.160 Burial prohibited.

No person shall bury refuse. (Ord. 1397 § 1, 2007)

6.08.170 Burning prohibited.

No person shall burn refuse. (Ord. 1397 § 1, 2007)

6.08.180 Residential charges.

The city may impose charges for refuse collection for residential properties by resolution or ordinance. The city may collect such charges with the water bill or in any other manner that the city council may determine and thereafter pay to the city’s contract or franchisee collector such amounts as may be due. (Ord. 1397 § 1, 2007)

6.08.190 Violations.

Violations of this chapter shall be punishable as provided in Chapter 1.16. (Ord. 1397 § 1, 2007)

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6.08.200 Single-Family Organic Waste Generators
Single-Family Organic Waste Generators shall comply with the following requirements except Single-Family generators that meet the Self-Hauler requirements in Section 6.08.260 of this Chapter:
(a) Shall subscribe to Jurisdiction’s Organic Waste collection services for all Organic Waste generated as described below. Jurisdiction shall have the right to review the number and size of a generator’s containers to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; and, Single-Family generators shall adjust their service level for its collection services as requested by the Jurisdiction. Generators may additionally manage their Organic Waste by preventing or reducing their Organic Waste, managing Organic Waste on site, and/or using a Community Composting site pursuant to 14 CCR Section 18984.9(c).
(b) Shall participate in the Jurisdiction’s Organic Waste collection service(s) by placing designated materials in designated containers as described below and shall not place Prohibited Container Contaminants in collection containers. (c) Generator shall place Source Separated Green Container Organic Waste, including Food Waste, in the Green Container; Source Separated Recyclable Materials in the Blue Container; and Gray Container Waste in the Gray Container. Generators shall not place materials designated for the Gray Container into the Green Container or Blue Container.

6.08.210 Commercial Organic Waste Generators
Generators that are Commercial Businesses, including Multi-Family Residential Dwellings, shall:
(a) Subscribe to Jurisdiction’s three container collection services and comply with requirements of those services as described below, except Commercial Businesses that meet the Self-Hauler
requirements in Section 6.08.260 of this ordinance. Jurisdiction shall have the right to review the number and size of a generator’s containers and frequency of collection to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; and Commercial Businesses shall adjust their service level for their collection services as requested by the Jurisdiction.

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(b) Except Commercial Businesses that meet the Self-Hauler requirements in Section 6.08.260 of this ordinance, participate in the Jurisdiction’s Organic Waste collection service(s) by placing designated materials in designated containers as described below. (c) Generator shall place Source Separated Green Container Organic Waste, including Food Waste, in the Green Container; Source Separated Recyclable Materials in the Blue Container; and Gray Container Waste in the Gray Container. Generator shall not place materials designated for the Gray Container into the Green Container or Blue Container.
(d) Supply and allow access to adequate number, size, and location of collection containers with sufficient labels or colors (conforming with Sections 6.08.210(d)(1) and 6.08.210(d)(2) below) for employees, contractors, tenants, and customers, consistent with Jurisdiction’s Blue Container, Green Container, and Gray Container collection service or, if self-hauling, per the Commercial Businesses’ instructions to support its compliance with its self-haul program, in accordance with Section 6.08.260.
(e) Excluding Multi-Family Residential Dwellings, provide containers for the collection of Source Separated Green Container Organic Waste and Source Separated Recyclable Materials in all indoor and outdoor areas where disposal containers are provided for customers, for materials generated by that business. Such containers do not need to be provided in restrooms. If a Commercial Business does not generate any of the materials that would be collected in one type of container, then the business does not have to provide that particular container in all areas where disposal containers are provided for customers. Pursuant to 14 CCR Section 18984.9(b), the containers provided by the business shall have either:
(1) A body or lid that conforms with the container colors provided through the collection service provided by Jurisdiction, with either lids conforming to the color requirements or bodies conforming to the color requirements or both lids and bodies conforming to color requirements. A Commercial Business is not required to replace functional containers, including containers purchased prior to January 1, 2022, that do not comply with the requirements of the subsection prior to the end of the useful life of those containers, or prior to January 1, 2036, whichever comes first. (2) Container labels that include language or graphic images, or both, indicating the primary material accepted and the primary materials prohibited in that container, or containers with imprinted text or graphic images that indicate the primary materials accepted and primary materials prohibited in the container. Pursuant 14 CCR Section 18984.8, the container labeling requirements are required on new containers commencing January 1, 2022.

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(f) Multi-Family Residential Dwellings are not required to comply with container placement requirements or labeling requirements in Section 6.08.210(d) pursuant to 14 CCR Section 18984.9(b).

To the extent practical through education, training, Inspection, and/or other measures, excluding Multi-Family Residential Dwellings, prohibit employees from placing materials in a container not designated for those materials per the Jurisdiction’s Blue Container, Green Container, and Gray Container collection service or, if self-hauling, per the Commercial Businesses’ instructions to support its compliance with its self-haul program, in accordance with Section 6.08.260. (g) Excluding Multi-Family Residential Dwellings, periodically inspect Blue Containers, Green Containers, and Gray Containers for contamination and inform employees if containers are contaminated and of the requirements to keep contaminants out of those containers pursuant to 14 CCR Section 18984.9(b)(3). (h) Annually provide information to employees, contractors, tenants, and customers about Organic Waste Recovery requirements and about proper sorting of Source Separated Green Container Organic Waste and Source Separated Recyclable Materials.
(i) Provide education information before or within fourteen (14) days of occupation of the premises to new tenants that describes requirements to keep Source Separated Green Container Organic Waste and Source Separated Recyclable Materials separate from Gray Container Waste (when applicable) and the location of containers and the rules governing their use at each property. (j) Provide or arrange access for Jurisdiction or its agent to their properties during all Inspections conducted in accordance with Section 6.08.270 of this ordinance to confirm compliance with the requirements of this ordinance. (k) Accommodate and cooperate with Jurisdiction’s Remote Monitoring program for Inspection of the contents of containers for Prohibited Container Contaminants, which may be implemented at a later date, to evaluate generator’s compliance with Section 6.08.210. The Remote Monitoring program shall involve installation of Remote Monitoring equipment on or in the Blue Containers, Green Containers, and Gray Containers.
(l) At Commercial Business’s option and subject to any approval required from the Jurisdiction, implement a Remote Monitoring program for Inspection of the contents of its Blue Containers, Green Containers, and Gray Containers for the purpose of monitoring the contents of containers to determine appropriate levels of service and to identify Prohibited Container Contaminants. Generators may install Remote Monitoring devices on or in the Blue Containers, Green Containers, and Gray Containers subject to written notification to or approval by the Jurisdiction or its Designee.

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(m) If a Commercial Business wants to self-haul, meet the Self-Hauler requirements in Section 6.08.260 of this ordinance.
(n) Nothing in this Section prohibits a generator from preventing or reducing waste generation, managing Organic Waste on site, or using a Community Composting site pursuant to 14 CCR Section 18984.9(c).
(o) Commercial Businesses that are Tier One or Tier Two Commercial Edible Food Generators shall comply with Food Recovery requirements, pursuant to Section

6.08.230.

6.08.220 WAIVERS FOR GENERATORS
(a) The City may grant waivers to the requirements as may be authorized by SB 1383 Regulations.
(b) De Minimis Waivers. A Jurisdiction may waive a Commercial Business’ obligation (including Multi-Family Residential Dwellings) to comply with some or all of the Organic Waste requirements of this ordinance if the Commercial Business provides documentation that the business generates below a certain amount of Organic Waste material as described in Section 6.08.220(a)(2) below. Commercial Businesses requesting a de minimis waiver shall:
(1) Submit an application specifying the services that they are requesting a waiver from and provide documentation as noted in Section 6.08.220(b)(2) below.
(2) Provide documentation that either:
(A) The Commercial Business’ total Solid Waste collection service is two cubic yards or more per week and Organic Waste subject to collection in a Blue Container or Green Container comprises less than 20 gallons per week per applicable container of the business’ total waste; or,
(B) The Commercial Business’ total Solid Waste collection service is less than two cubic yards per week and Organic Waste subject to collection in a Blue Container or Green Container comprises less than 10 gallons per week per applicable container of the business’ total waste.
(3) Notify Jurisdiction if circumstances change such that Commercial Business’s Organic Waste exceeds threshold required for waiver, in which case waiver will be rescinded.

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(4) Provide written verification of eligibility for de minimis waiver every 5 years if Jurisdiction has approved de minimis waiver.
(c) Physical Space Waivers Jurisdiction may waive a Commercial Business’ or property owner’s obligations (including Multi-Family Residential Dwellings) to comply with some or all of the recyclable materials and/or Organic Waste collection service requirements if the Jurisdiction has evidence from its own staff, a hauler, licensed architect, or licensed engineer demonstrating that the premises lacks adequate space for the collection containers required for compliance with the Organic Waste collection requirements of Section 6.08.210.

A Commercial Business or property owner may request a physical space waiver through the following process:
(1) Submit an application form specifying the type(s) of collection services for which they are requesting a compliance waiver.
(2) Provide documentation that the premises lacks adequate space for Blue Containers and/or Green Containers including documentation from its hauler, licensed architect, or licensed engineer.
(3) Provide written verification to Jurisdiction that it is still eligible for physical space waiver every five years, if Jurisdiction has approved application for a physical space waiver.

6.08.230 Requirements for Commercial Edible Food Generators (a) Tier One Commercial Edible Food Generators must comply with the requirements of this Section commencing January 1, 2022, and Tier Two Commercial Edible Food Generators must comply commencing January 1, 2024, pursuant to 14 CCR Section 18991.3.
(b) Large Venue or Large Event operators not providing food services, but allowing for food to be provided by others, shall require Food Facilities operating at the Large Venue or Large Event to comply with the requirements of this Section, commencing January 1, 2024.
(c) Commercial Edible Food Generators shall comply with the following requirements:
(1) Arrange to recover the maximum amount of Edible Food that would otherwise be disposed.
(2) Contract with or enter into a written agreement with Food Recovery Organizations or Food Recovery Services for: (i) the collection of Edible Food for Food Recovery; or, (ii) acceptance of the Edible Food that the Commercial Edible Food Generator self-hauls to the Food Recovery Organization for Food Recovery.

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(3) Shall not intentionally spoil Edible Food that is capable of being recovered by a Food Recovery Organization or a Food Recovery Service. (4) Allow Jurisdiction’s designated enforcement entity or designated third party enforcement entity to access the premises and review records pursuant to 14 CCR Section 18991.4.
(5) Keep records that include the following information, or as otherwise specified in 14 CCR Section 18991.4:
(A) A list of each Food Recovery Service or organization that collects or receives its Edible Food pursuant to a contract or written agreement established under 14 CCR Section 18991.3(b).
(B) A copy of all contracts or written agreements established under 14 CCR Section 18991.3(b).
(C) A record of the following information for each of those Food Recovery Services or Food Recovery Organizations:
(i) The name, address and contact information of the Food Recovery Service or Food Recovery Organization.
(ii) The types of food that will be collected by or self-hauled to the Food Recovery Service or Food Recovery Organization.
(iii) The established frequency that food will be collected or selfhauled. (iv) The quantity of food, measured in pounds recovered per month, collected or self-hauled to a Food Recovery Service or Food Recovery Organization for Food Recovery.
(6) No later than March 1st of each year commencing no later than March 1, 2023 for Tier One Commercial Edible Food Generators and March 1, 2025 for Tier Two Commercial Edible Food Generators, provide an annual Food Recovery report to the Jurisdiction that includes the following information:
(a) Proof that contracts or written agreements are in place. (b) Amount of edible food donated in pounds.
(c) Facilities and/or organizations that received donated edible food. (d) Nothing in this ordinance shall be construed to limit or conflict with the protections provided by the California Good Samaritan Food Donation Act of 2017, the Federal Good Samaritan Act, or share table and school food donation guidance pursuant to Senate Bill 557 of 2017 (approved by the Governor of the State of California on

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September 25, 2017, which added Article 13 [commencing with Section 49580] to Chapter 9 of Part 27 of Division 4 of Title 2 of the Education Code, and to amend Section 114079 of the Health and Safety Code, relating to food safety, as amended, supplemented, superseded and replaced from time to time).

6.08.240 Requirements for Food Recovery Organizations and Services, Jurisdictions, and Regional Agencies
(a) Food Recovery Services collecting or receiving Edible Food directly from Commercial Edible Food Generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(1):
(1) The name, address, and contact information for each Commercial Edible Food Generator from which the service collects Edible Food. (2) The quantity in pounds of Edible Food collected from each Commercial Edible Food Generator per month.
(3) The quantity in pounds of Edible Food transported to each Food Recovery Organization per month.
(4) The name, address, and contact information for each Food Recovery Organization that the Food Recovery Service Transports Edible Food to for Food Recovery.
(b) Food Recovery Organizations collecting or receiving Edible Food directly from Commercial Edible Food Generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(2):
(1) The name, address, and contact information for each Commercial Edible Food Generator from which the organization receives Edible Food. (2) The quantity in pounds of Edible Food received from each Commercial Edible Food Generator per month.
(3) The name, address, and contact information for each Food Recovery Service that the organization receives Edible Food from for Food Recovery. (c) Food Recovery Organizations and Food Recovery Services shall inform generators about California and Federal Good Samaritan Food Donation Act protection in written communications, such as in their contract or agreement established under 14 CCR Section 18991.3(b).
(d) Food Recovery Organizations and Food Recovery Services that have their primary address physically located in the Jurisdiction and contract with or have written agreements with one or more Commercial Edible Food Generators pursuant to 14

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CCR Section 18991.3(b) shall report to the Jurisdiction it is located in the total pounds of Edible Food recovered in the previous calendar year from the Tier One and Tier Two Commercial Edible Food Generators they have established a contract or written agreement with pursuant to 14 CCR Section 18991.3(b) no later than March 1st of each year, commencing in 2023.
(e) Food Recovery Capacity Planning
(1) Food Recovery Services and Food Recovery Organizations. In order to support Edible Food Recovery capacity planning assessments or other studies conducted by the County, City, special district that provides solid waste collection services, or its designated entity, Food Recovery Services and Food Recovery Organizations operating in the Jurisdiction shall provide information and consultation to the Jurisdiction, upon request, regarding existing, or proposed new or expanded, Food Recovery capacity that could be accessed by the Jurisdiction and its Commercial Edible Food Generators. A Food Recovery Service or Food Recovery Organization contacted by the Jurisdiction shall respond to such request for information within 60 days, unless a shorter timeframe is otherwise specified by the Jurisdiction.

6.08.250 REQUIREMENTS FOR HAULERS AND FACILITY OPERATORS (a) Requirements for Haulers
(1) The exclusive franchise hauler providing residential, Commercial, or industrial Organic Waste collection services to generators within the Jurisdiction’s boundaries shall meet the following requirements and standards as a condition of approval of a contract, agreement, or other authorization with the Jurisdiction to collect Organic Waste:
(A) Through written notice to the Jurisdiction annually on or before December 1st of the preceding year, identify the facilities to which they will transport Organic Waste including facilities for Source Separated Recyclable Materials, Source Separated Green Container Organic Waste, and Mixed Waste.
(B) Transport Source Separated Recyclable Materials, Source Separated Green Container Organic Waste, and Mixed Waste to a facility, operation, activity, or property that recovers Organic Waste as defined in 14 CCR, Division 7, Chapter 12, Article 2. (C) Obtain approval from the Jurisdiction to haul Organic Waste, unless it is transporting Source Separated Organic Waste to a Community Composting site or lawfully transporting C&D in a manner that

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complies with 14 CCR Section 18989.1 and municipal code Section

21.20.050
(2) The exclusive franchise hauler with authorization to collect Organic Waste shall comply with education, equipment, signage, container labeling, container color, contamination monitoring, reporting, and other requirements contained within its franchise agreement, permit, license, or other agreement entered into with Jurisdiction. (b) Requirements for Facility Operators and Community Composting Operations (1) Owners of facilities, operations, and activities that recover Organic Waste, including, but not limited to, Compost facilities, in-vessel digestion facilities, and publicly owned treatment works shall, upon Jurisdiction request, provide information regarding available and potential new or expanded capacity at their facilities, operations, and activities, including information about throughput and permitted capacity necessary for planning purposes.

Entities contacted by the Jurisdiction shall respond within 60 days. (2) Community Composting operators, upon Jurisdiction request, shall provide information to the Jurisdiction to support Organic Waste capacity planning, including, but not limited to, an estimate of the amount of Organic Waste anticipated to be handled at the Community Composting operation. Entities contacted by the Jurisdiction shall respond within 60 days.

6.08.260 SELF-HAULER REQUIREMENTS
(a) Self-Haulers shall source separate all recyclable materials and Organic Waste (materials that Jurisdiction otherwise requires generators to separate for collection in the Jurisdiction’s organics and recycling collection program) generated on-site from Solid Waste in a manner consistent with 14 CCR Sections 18984.1 and 18984.2 or shall haul Organic Waste to a High Diversion Organic Waste Processing Facility as specified in 14 CCR Section 18984.3. (b) Self-Haulers shall haul their Source Separated Recyclable Materials to a facility that recovers those materials; and haul their Source Separated Green Container Organic Waste to a Solid Waste facility, operation, activity, or property that processes or recovers Source Separated Organic Waste. Alternatively, SelfHaulers may haul Organic Waste to a High Diversion Organic Waste Processing Facility.
(c) Self-Haulers that are Commercial Businesses (including Multi-Family Residential Dwellings) shall keep a record of the amount of Organic Waste delivered to each

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Solid Waste facility, operation, activity, or property that processes or recovers Organic Waste; this record shall be subject to Inspection by the Jurisdiction. The records shall include the following information:
(1) Delivery receipts and weight tickets from the entity accepting the waste. (2) The amount of material in cubic yards or tons transported by the generator to each entity.
(3) If the material is transported to an entity that does not have scales on-site or employs scales incapable of weighing the Self-Hauler’s vehicle in a manner that allows it to determine the weight of materials received, the SelfHauler is not required to record the weight of material but shall keep a record of the entities that received the Organic Waste.
(d) Self-Haulers that are Commercial Businesses (including Multi-Family SelfHaulers) shall provide information collected in Section 6.08.260(c) to Jurisdiction if requested.
(e) A residential Organic Waste Generator that self-hauls Organic Waste is not required to record or report information in Section 6.08.260(c) and (d).

6.08.270 INSPECTIONS AND INVESTIGATIONS BY JURISDICTION (a) Jurisdiction representatives and/or its designated entity, including Designees are authorized to conduct Inspections and investigations, at random or otherwise, of any collection container, collection vehicle loads, or transfer, processing, or disposal facility for materials collected from generators, or Source Separated materials to confirm compliance with this ordinance by Organic Waste Generators, Commercial Businesses (including Multi-Family Residential Dwellings), property owners, Commercial Edible Food Generators, haulers, Self-Haulers, Food Recovery Services, and Food Recovery Organizations, subject to applicable laws.

This Section does not allow Jurisdiction to enter the interior of a private residential property for Inspection. For the purposes of inspecting Commercial Business containers for compliance with Section 6.08.210 (b) of this ordinance, Jurisdiction may conduct container Inspections for Prohibited Container Contaminants using Remote Monitoring, and Commercial Businesses shall accommodate and cooperate with the Remote Monitoring pursuant to Section 6.08.210 (k)of this ordinance.
(b) Regulated entity shall provide or arrange for access during all Inspections (with the exception of residential property interiors) and shall cooperate with the Jurisdiction’s employee or its designated entity/Designee during such Inspections and investigations. Such Inspections and investigations may include confirmation of proper placement of materials in containers, Edible Food Recovery activities, records, or any other requirement of this ordinance described herein. Failure to provide or arrange for: (i) access to an entity’s premises; (ii) installation and

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operation of Remote Monitoring equipment (optional); or (ii) access to records for any Inspection or investigation is a violation of this ordinance and may result in penalties described.
(c) Any records obtained by a Jurisdiction during its Inspections, Remote Monitoring, and other reviews shall be subject to the requirements and applicable disclosure exemptions of the Public Records Act as set forth in Government Code Section 6250 et seq.
(d) Jurisdiction representatives, its designated entity, and/or Designee are authorized to conduct any Inspections, Remote Monitoring, or other investigations as reasonably necessary to further the goals of this ordinance, subject to applicable laws.
(e) Jurisdiction shall receive written complaints from persons regarding an entity that may be potentially non-compliant with SB 1383 Regulations, including receipt of anonymous complaints.

6.08.280 ENFORCEMENT
(a) Violation of any provision of this ordinance shall constitute grounds for issuance of a Notice of Violation and shall be punishable as provided in Chapter 1.16..

Enforcement Actions under this ordinance are issuance of an administrative citation and assessment of a fine. The Jurisdiction’s procedures on imposition of administrative fines are hereby incorporated in their entirety, as modified from time to time, and shall govern the imposition, enforcement, collection, and review of administrative citations issued to enforce this ordinance and any rule or regulation adopted pursuant to this ordinance, except as otherwise indicated in this ordinance.
(b) Other remedies allowed by law may be used, including civil action or prosecution as misdemeanor or infraction. Jurisdiction may pursue civil actions in the California courts to seek recovery of unpaid administrative citations. Jurisdiction may choose to delay court action until such time as a sufficiently large number of violations, or cumulative size of violations exist such that court action is a reasonable use of Jurisdiction staff and resources.
(c) Responsible Entity for Enforcement
(1) Enforcement pursuant to this ordinance may be undertaken by the Jurisdiction Enforcement Official, which may be the city manager or his/her designated entity, legal counsel, or combination thereof. (2) Enforcement may also be undertaken by a Regional or County Agency Enforcement Official, designated by the Jurisdiction, in consultation with Jurisdiction Enforcement Official.

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(A) Jurisdiction Enforcement Official(s) (and Regional or County Agency Enforcement Official, if using) will interpret ordinance; determine the applicability of waivers, if violation(s) have occurred; implement Enforcement Actions; and, determine if compliance standards are met.
(B) Jurisdiction Enforcement Official(s) (and Regional or County Agency Enforcement Official, if using) may issue Notices of Violation(s). (d) Process for Enforcement
(1) Jurisdiction Enforcement Officials or Regional or County Enforcement Officials and/or their Designee will monitor compliance with the ordinance randomly and through Compliance Reviews, Route Reviews, investigation of complaints, and an Inspection program (that may include Remote Monitoring). Section 6.08.270 establishes Jurisdiction’s right to conduct Inspections and investigations.
(2) Jurisdiction may issue an official notification to notify regulated entities of its obligations under the ordinance.
(3) For Jurisdictions assessing contamination processing fees/penalties. For incidences of Prohibited Container Contaminants found in containers, Jurisdiction will issue a Notice of Violation to any generator found to have Prohibited Container Contaminants in a container. Such notice will be provided via a cart tag or other communication immediately upon identification of the Prohibited Container Contaminants or within ten (10) days after determining that a violation has occurred. If the Jurisdiction observes Prohibited Container Contaminants in a generator’s containers on more than three (3) consecutive occasion(s), the Jurisdiction may assess contamination processing fees or contamination penalties on the generator. (4) With the exception of violations of generator contamination of container contents addressed under Section 6.08.280(d)(3), Jurisdiction shall issue a Notice of Violation requiring compliance within 60 days of issuance of the notice.
(5) Absent compliance by the respondent within the deadline set forth in the Notice of Violation, Jurisdiction shall commence an action to impose penalties, via an administrative citation and fine, pursuant to the Notices shall be sent to “owner” at the official address of the owner maintained by the tax collector for the Jurisdiction or if no such address is available, to the owner at the address of the dwelling or Commercial property or to the party responsible for paying for the collection services, depending upon available information
(e) Penalty Amounts for Types of Violations

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The penalty levels are as follows:
(1) For a first violation, the amount of the base penalty shall be $50 to $100 per violation.
(2) For a second violation, the amount of the base penalty shall be $100 to $200 per violation.
(3) For a third or subsequent violation, the amount of the base penalty shall be $250 to $500 per violation.
(f) Factors Considered in Determining Penalty Amount
The following factors shall be used to determine the amount of the penalty for each violation within the appropriate penalty amount range:
(1) The nature, circumstances, and severity of the violation(s). (2) The violator’s ability to pay.
(3) The willfulness of the violator's misconduct.
(4) Whether the violator took measures to avoid or mitigate violations of this chapter.
(5) Evidence of any economic benefit resulting from the violation(s). (6) The deterrent effect of the penalty on the violator. (7) Whether the violation(s) were due to conditions outside the control of the violator.
(g) Compliance Deadline Extension Considerations
The Jurisdiction may extend the compliance deadlines set forth in a Notice of Violation issued in accordance with Section 6.08.280 if it finds that there are extenuating circumstances beyond the control of the respondent that make compliance within the deadlines impracticable, including the following:
(1) Acts of God such as earthquakes, wildfires, flooding, and other emergencies or natural disasters;
(2) Delays in obtaining discretionary permits or other government agency approvals; or,
(3) Deficiencies in Organic Waste recycling infrastructure or Edible Food Recovery capacity and the Jurisdiction is under a corrective action plan with CalRecycle pursuant to 14 CCR Section 18996.2 due to those deficiencies.

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(h) Appeals Process
Persons receiving an administrative citation containing a penalty for an uncorrected violation may request a hearing to appeal the citation. A hearing will be held only if it is requested within the time prescribed and consistent with Jurisdiction’s procedures in the Jurisdiction’s codes for appeals of administrative citations. Evidence may be presented at the hearing. The Jurisdiction will appoint a hearing officer who shall conduct the hearing and issue a final written order. (i) Education Period for Non-Compliance
Beginning January 1, 2022 and through December 31, 2023, Jurisdiction will conduct Inspections, Remote Monitoring, Route Reviews or waste evaluations, and Compliance Reviews, depending upon the type of regulated entity, to determine compliance, and if Jurisdiction determines that Organic Waste Generator, SelfHauler, hauler, Tier One Commercial Edible Food Generator, Food Recovery Organization, Food Recovery Service, or other entity is not in compliance, it shall provide educational materials to the entity describing its obligations under this ordinance and a notice that compliance is required by January 1, 2022, and that violations may be subject to administrative civil penalties starting on January 1, 2024
(j) Civil Penalties for Non-Compliance
Beginning January 1, 2024, if the Jurisdiction determines that an Organic Waste Generator, Self-Hauler, hauler, Tier One or Tier Two Commercial Edible Food Generator, Food Recovery Organization, Food Recovery Service, or other entity is not in compliance with this ordinance, it shall document the noncompliance or violation, issue a Notice of Violation, and take Enforcement Action pursuant to Section 6.08.280, as needed.

SECTION 2:

If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the ordinance. The City Council declares that it would have passed this ordinance and each and every section, subsection, sentence, clause or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would subsequently be declared invalid or unconstitutional.

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SECTION 3:

The City Clerk shall certify to the adoption of this ordinance and cause it to be published as required by law. This ordinance shall become effective thirty (30) days after the date of its adoption.

PASSED AND ADOPTED by the City Council of the City of Fountain Valley at a regular meeting this day of , 2022.

ATTEST
City Clerk, Rick Miller Mayor, Patrick Harper
APPROVED AS TO FORM:

HARPER & BURNS LLP
Attorneys for the City

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NOTICE OF PUBLIC HEARING BEFORE THE

FOUNTAIN VALLEY CITY COUNCIL
NOTICE IS HEARBY GIVEN that on Tuesday March 1, 2022 at 6:00 p.m. in the City Council Chamber Building, 10200 Slater Ave. Fountain Valley, California, the Fountain Valley City Council will consider the following item:

1. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FOUNTAIN VALLEY AMENDING CHAPTER

6.08 OF THE FOUNTAIN VALLEY MUNICIPAL CODE TO INCLUDE ORGANIC WASTE REDUCTION AND RECYCLING REQUIREMENTS OF SENATE BILL (SB) 1383.

All interested persons are invited to attend the City Council Meeting and be heard at the time and place specified above. Please call the City Clerk at 714-593-4445 for information.

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The Orange Countv Register
1771 S. Lewis Street
Anaheim, CA 92805
714-796-2209
5190360

FOUNTAIN VALLEY CITY OF
10200 SLATER AVE
FOUNTAIN VALLEY, CA 92708-4736

AFFIDAVIT OF PUBLICATION

STATE OF CALIFORNIA,

PROOF OF PUBLICATION
Legal No. 0011518483
County of Orange
ss.

I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of The Orange County Register, a newspaper of general circulation, published in the city of Santa Ana, County of Orange, and which newspaper has
been adjudged to be a newspaper of general circulation by the Superior Court of the County of Orange, State of
California, under the date of November 19, 1905, Case No.

A-21046, that the notice, of which the annexed is a true printed copy, has been published in each regular and
entire issue of said newspaper and not in any supplement thereof on the following dates, to wit
02/16/2022
I certify (or declare) under the penalty of perjury under the laws of the State of California that the foregoing is true and correct:

Executed at Anaheim, Orange County, California, on
Date: February 16, 2022.

Signature
r.LP1-12/15/16 Page 185

CITY OF FOUNTAIN VALLEY

CITY COUNCIL

COUNCIL ACTION REQUEST
To: Honorable Mayor and Agenda Date: March 1, 2022
Members of the City Council
SUBJECT: Discussion of Enhanced Noticing of Development Projects EXECUTIVE SUMMARY:

At the February 1, 2022 Council Meeting, Council Member Constantine moved and received a second that staff bring back a discussion on enhanced public noticing of certain development projects.

DISCUSSION:

Notice requirements for land use projects are addressed by state law. Generally, projects requiring a public hearing for a legislative approval (general/specific plan and zoning amendments) only require publication and posting. (Gov. Code 65090.) Public hearings on adjudicatory decisions (tentative maps, variances, use permits, and other discretionary development permits) require publication / posting and mailing notice to the applicant and affected property owners. (Gov. Code 65091.)
The notice must include the date, time, and place of the hearing; a description of the property; and an explanation of the matter to be considered. (Gov. Code 65094.) The notice must be published 10 days prior to the hearing in the newspaper or posted in three public places. (Gov.

Code 65090.) Notice must also be mailed 10 days prior to the hearing to the applicant and to the owners of property within 300 feet of the project. (Gov. Code 65091.) Though State Law only requires a 300-foot notice, Fountain Valley has its own additional noticing requirement. Pursuant to FVMC 21.58.020, when an entitlement or other land use matter requires a public hearing, notice shall be mailed to:
a. The owner(s) of the property being considered or the owner’s agent, and the applicant(s);
b. Each local agency expected to provide schools, water, or other essential facilities or services to the project, whose ability to provide the facilities and services may be significantly affected;
c. All owners and tenants of real property as shown on the county’s latest equalized assessment roll within a five hundred-foot radius of the subject parcel; and

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Discussion of Enhanced Noticing
March 1, 2022

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d. Any person who has filed a written request for notice with the director.

Proposed for Council discussion is whether to provide additional noticing beyond this 500-foot requirement.

RECOMMENDATION:

Because this matter was requested as an item for future consideration, staff seeks Council direction and has no recommendation.

Prepared by: Colin Burns, Attorney for the City
Approved by: Rob Houston, City Manager

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CITY OF FOUNTAIN VALLEY

CITY COUNCIL

COUNCIL ACTION REQUEST
To: Honorable Mayor and Agenda Date: March 1, 2022
Members of the City Council
SUBJECT: Report from the Measure HH Essential City Services Advisory Oversight Committee on FY2020/21 Audited Measure HH Revenues and Expenditures EXECUTIVE SUMMARY:

On November 8, 2016 the residents of the City of Fountain Valley approved Measure HH – a one-cent transactions and use (i.e. “sales”) tax. Pursuant to the ballot measure, a citizen advisory committee was formed to review the expenditure of Measure HH revenues in relation to the City’s Responsible Spending Pledge.

DISCUSSION:

The Responsible Spending Pledge sets forth the City’s fiscal policy on the use of Measure HH, which states that the majority of this money should be used to:
 Maintain essential city services such as public safety and senior and youth programs  Maintain streets, sidewalks, roadways, parks and play equipment, and repair storm water systems
 Pay off, pay down, consolidate or refinance outstanding debt  Pay down unfunded liabilities; and
 Rebuild and maintain the City’s established reserve levels  Attract, develop and retain quality staff
On February 2, 2022, the City’s Auditor, Jennifer Farr of Davis Farr LLP (an independent auditing firm), discussed the audit of Measure HH Revenues and Expenditures for fiscal year 2020-21. The 2020-21 auditor’s report reflected approximately $14.1 million of revenue from Measure HH. In accordance with the Responsible Spending Pledge and 20-Year Financial Plan $1.8 million was used to fund essential city services such as public safety, employee retention and senior and youth programs, and $567,892 was used to fund capital maintenance projects including residential road rehabilitation and park improvements. An additional payment of $2 million was made to CalPERS consistent with the City’s 20-Year Financial Plan where the goal is to pay-off all outstanding debt and unfunded liabilities by 2037 when Measure HH sunsets. Additionally, $5.1 million was set-aside to be used to support capital projects in FY 2021-22 including the Police Locker Room, Fire Station No. 1 Remodel, improvements at

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Report on 2020/21 Measure HH Revenues and Expenditures
March 1, 2022

Page 2 ends

the Sports Park and $365,000 was set-aside to fund future fire apparatus. The balance of Measure HH revenue in the amount of $4.2 million was transferred to Capital Reserves. The Measure HH Oversight Committee also reviewed the City’s 20-Year Financial Plan, which guides fiscal policy and encompasses the long-term operating and capital needs of the General Fund.

Oversight Committee Chair Stephen Schwarz will discuss the results of the Oversight Committee’s report (Attachment 1) with the City Council at the meeting on March 1, 2022.

ALTERNATIVES:

Alternative No.1: Receive and File the Report from the Measure HH Essential City Services Advisory Oversight Committee on FY2020/21 Audited Measure HH Revenues and Expenditures.

Alternative No. 2:

Do not approve Alternative No. 1.

RECOMMENDATION:

Staff recommends Alternative No. 1.

Prepared by: Jennifer Lampman, Director of Finance/Treasurer Approved by: Rob Houston, City Manager
Attachment 1: Report from the Measure HH Essential City Services Advisory Oversight Committee on FY2020/21 Audited Measure HH Revenues and Expenditures

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CITY OF FOUNTAIN VALLEY www.fountainvalley.org
10200 SLATER AVE – FOUNTAIN VALLEY, CA 92708 (714) 593-4418, FAX (714) 593-4505 March 1, 2022
TO THE HONORABLE CITY COUNCIL:

The Measure HH – Essential City Services Oversight Advisory Committee was established by the City Council on April 4, 2017 after passage of Measure HH on the November 8, 2016 ballot. One of the provisions of Measure HH was the creation of an Oversight Committee to review and make recommendations to the City Council to ensure that revenues from it are utilized in accordance with the City’s Responsible Spending Pledge. The Responsible Spending Pledge sets forth the City’s fiscal policy on the use of Measure HH, which states that the majority of this money should be used to:
• Maintain essential city services such as public safety and senior and youth programs • Maintain streets, sidewalks, roadways, parks and play equipment, and repair storm water systems
• Pay off, pay down, consolidate or refinance outstanding debt • Pay down unfunded liabilities; and
• Rebuild and maintain the City’s established reserve levels • Attract, develop and retain quality staff
The Measure HH Oversight Committee is pleased to have the opportunity to present to you its comments and conclusions concerning Measure HH Revenues and Expenditures for Fiscal Year 2020-21.

On February 2, 2022, the City’s Auditor, Jennifer Farr of Davis Farr LLP (an independent auditing firm), discussed the audit of Measure HH Revenues and Expenditures for fiscal year 2020-21. The 2020-21 auditor’s report reflected approximately $14.1 million of revenue from Measure HH. In accordance with the Responsible Spending Pledge and 20-Year Financial Plan $1.8 million was used to fund essential city services such as public safety, employee retention and senior and youth programs, and $567,892 was used to fund capital maintenance projects including residential road rehabilitation and park improvements. An additional payment of $2 million was made to CalPERS consistent with the City’s 20- Year Financial Plan where the goal is to pay-off all outstanding debt and unfunded liabilities by 2037 when Measure HH sunsets. Additionally, $5.1 million was set-aside to be used to support capital projects in FY 2021-22 including the Police Locker Room, Fire Station No. 1 Remodel and improvements at the Sports Park. The balance of Measure HH revenue in the amount of $4.2 million was transferred to Capital Reserves. The Measure HH Oversight Committee also reviewed the City’s 20-Year Financial Plan, which guides fiscal policy and encompasses the long-term operating and capital needs of the General Fund.

The Measure HH Oversight Committee would like to address two points. First, we believe that the data presented by City staff demonstrates that Measure HH continues to have a positive impact for our city.

For FY 20-21 the over $14 million raised by Measure HH:

1. Helped the City avoid a $1.8 million operating deficit.

2. Helped the City pay an additional $2 million payment toward our CalPERS unfunded pension liabilities.

3. Help the City fund important improvements to our essential city services include renovations to both the Police Station and Fire Station 1.

4. Helped the City fund the future purchase of a fire apparatus ($365,000)

5. Helped the City fund important ADA upgrades to our Sports Park Outbuildings

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Page | 2

6. Helped the City fund important road network rehabilitation at the Sports Park The long-term goal is to achieve fiscal sustainability with a balanced operating budget when Measure HH sunsets in 2037. The recent update to the City’s 20-Year Financial Plan reflected an annual operating surplus of approximately $665,744 in 2037-38 when HH sunsets, illustrating the City’s efforts to achieve a balanced budget by 2037 are working.

Second, although we believe that Measure HH has been successful, we believe that the FY 20-21 transfer of $4.2 million to Capital Reserves is inconsistent with the FV Spending Pledge and our Fund Balance Reserve Policy. The City of Fountain Valley Spending Pledge states:
“We also believe, that whenever additional revenue gains are realized, City leadership should seek opportunities to:
• Pay off, pay down, consolidate or refinance the City’s outstanding debt; • Pay down unfunded liabilities; and
• Rebuild and maintain the City’s established reserves levels. (Such reserve policies have been adopted to protect the residents of Fountain Valley in the event of a natural disaster or severe economic downturn and for working cash flow and to fund “pay-go” capital projects.)” For FY 20-21 the audited report indicates that approximately $4.2 million was transferred into Capital Reserves. This transfer is unwarranted. The City target for our Capital Reserves is $10-15 million. With this transfer Capital Reserves will be almost $23 million. Measure HH funds, over the last four years, have helped rebuild Capital Reserves to established target levels, and then some. We believe, consistent with the spending pledge, that the additional $4.2 million in Measure HH funds from FY 20-21 should be applied to outstanding city debt or to pay down unfunded liabilities.

CONCLUSIONS: Based on the information provided by city staff, the Measure HH Oversight Committee believes that the audited revenue and expenses for 2020-21 are consistent with the intent of the Measure HH ballot measure and the Responsible Spending Pledge, with the exception of the $4.2 million unrestricted transfer to Capital Reserves. This money should be applied to outstanding city debt or to pay down unfunded liabilities. An analysis of the 20-year spending plan demonstrates that Measure HH will continue to produce additional reserves. We encourage Council to direct staff to process these excess reserves consistent with the City’s spending pledge.

We are thankful for the opportunity to serve and we look forward to continuing to serve the City Council and the residents of this great city.

Respectfully submitted,
Stephen Schwarz, Chair
February 2018 – Present

CITY OF FOUNTAIN VALLEY

MEASURE HH ADVISORY OVERSIGHT COMMITTEE
Evan Jorgensen, Vice Chair
January 2019 – Present
Marjorie Drilling, Vice Chair
April 2017 – Present
Matt Taylor
April 2017 – Present
Michele Jensen, Alternate
April 2017 – Present
Randy Takayama
February 2021-Present

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Page | 3
Attachments:

1. Measure HH Audit Report for 2020-21

2. Measure HH Report Card for 2020-21

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CITY OF FOUNTAIN VALLEY
Schedule of Measure HH Revenues and Expenditures
With Independent Accountant’s Report Thereon
For the Year Ended June 30, 2021

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INDEPENDENT ACCOUNTANT’S REPORT
To the Honorable Mayor
and Members of City Council
of the City of Fountain Valley
Fountain Valley, California
We have examined management of the City of Fountain Valley’s (City) assertion that the City complied with Measure HH included in the accompanying Schedule of Measure HH Revenues and Expenditures (schedule) during the fiscal year ended June 30, 2021. The City’s management is responsible for its assertion. Our responsibility is to express an opinion on management’s assertion about the City’s compliance with the specified requirements based on our examination.

Our examination was conducted in accordance with attestation standards established by the American Institute of Certified Public Accountants. Those standards require that we plan and perform the examination to obtain reasonable assurance about whether management’s assertion is fairly stated, in all material respects. An examination involves performing procedures to obtain evidence about management’s assertion. The nature, timing, and extent of the procedures selected depend on our judgment, including an assessment of the risks of material misstatement of management’s assertion, whether due to fraud or error. We believe that the evidence we obtained is sufficient and appropriate to provide a reasonable basis for our opinion.

Our examination does not provide a legal determination on the City’s compliance with the specified requirements.

In our opinion, management’s assertion that the City complied with Measure HH reporting requirements included in the accompanying schedule is fairly stated, in all material respects.

This report is intended solely for the information and use of the City Council and management of the City of Fountain Valley, California and is not suitable for any other purpose.

Irvine, California
December 27, 2021

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CITY OF FOUNTAIN VALLEY

SCHEDULE OF MEASURE HH REVENUES AND EXPENDITURES
Fiscal Year Ended June 30, 2021
Measure HH Revenues $ 14,062,109
Measure HH Expenditures:

Reoccurring Expenses Incurred on Essential City Services 2,392,690 One-Time Expenses (Additional Pension Paydown) 2,000,000 Financial Stewardship: Reserves Set-Aside in 20-21 $ 9,669,419 Measure HH provided necessary funding in Fiscal Year 2020/21 that was used for the following in accordance with the Responsible Spending Pledge:

Reoccurring Expenses Incurred on Essential City Services:

Public Safety
Maintain 911 Emergency Response Times & Keep Fire Station No. 2 open1 447,000 Police and Fire Pension Costs that are Legally Required to be Paid to CalPERS and Principal and Interest on the Safety Pension Obligation Bonds2 508,000 Total Public Safety 955,000
Senior & Youth Programs
Amount associated with the cost to keep the Recreation Center, Community Center & Senior Center open3 365,798
Employee Retention
Salary and benefit increases4 504,000
Capital Improvements
Includes $375,000 for residential road rehab and $192,892 for park improvements. 567,892 Total Reoccurring Expenses5 2,392,690
One-Time Expenses:

Additional Payment to CalPERS towards unfunded pension liabilities 2,000,000 Reserves Set-Aside in 20-21:

Pension Reserves
2020-21 Contribution to Pension Trust Fund -
Increase in Capital Reserves 4,188,168
Capital Reserves - Set-aside for approved FY 2021-22 Capital Projects Police Locker Room/Showers Remodel 2,966,251
Fire Station No. 1 Remodel 1,000,000
Sports Park Outbuildings (Interior ADA/Renovation) 500,000 Sports Park Road Network Rehabilitation 650,000 5,116,251 Capital Reserves - Transfer to Fleet Management Internal Service Fund Set-aside for Fire Apparatus 365,000
Total Reserves Set-Aside in 20-21 9,669,419
See accompanying notes to Schedule of Measure HH Revenues and Expenditures. Page 195 1 - Without Measure HH, staff would have faced the challenge of closing Fire Station No. 2, which would have been a gradual process spanning multiple years. The total cost attributable to 14-full-time equivalents (FTEs) within various classifications assigned to Fire Station No. 2 is $2,098,341 Approximately 21.3% of the staffing cost attributable to Fire Station No. 2 has been identified as being funded from Measure HH, which equates to $447,000 2 - Historically, pensions were funded over a rolling 30 year period in accordance with CalPERS funding policy. In 2013 CalPERS approved a change to pension funding, which resulted in shorter amortizations and significant increases in amounts required to be paid to CalPERS beginning in Fiscal Year 2015-16.

The City's annual pension expense was approximately $5 million through Fiscal Year 2015-16, which included $1,606,319 paid for police and fire pension costs for services rendered in prior years (excluding "normal cost" related to the accrual of benefits earned in the current year). In 2020-21, the projected expense for police and fire pension costs for services rendered in prior years is $3,992,864, which includes principal and interest expense paid on Pension Obligation Bonds attributable to police and fire.

Approximately 21.3% of the increase ($2,386,545) in pension expense over the base year equates to $508,000, which has been attributed to Measure HH.
3 - The Recreation and Community Services Department generally provides services that benefit the community as whole. Therefore, user fees and revenues generated by the Recreation and Community Services Department generally do not cover the full cost of programs. Therefore, the General Fund subsidizes the difference. The General Fund subsidy is estimated at approximately $1,715,968 in Fiscal Year 2020-21. Approximately 21.3% of the General Fund subsidy has been identified as being funded from Measure HH, which equates to approximately $365,798 4 - Measure HH was approved by the community to allow for continuous operating and improvement of essential City services. In response to the community needs, the City Council approved negotiated adjustments to salaries and benefits for various classifications. The increase in salary and benefit costs amounted to $2,368,499 in 2020-21, of which approximately 21.3% has been identified as being funded from Measure HH and equates to $504,000
5 - General Fund operating revenues are projected to be $66,831,525 and operating expenditures are projected at $54,594,214 (excluding Pension Trust contributions and additional payments to CalPERS).

The net operating surplus is projected to be $12,237,310. Without Measure HH, the General Fund would have had an operating deficit of $1,824,798. Therefore, this amount has been identified as being funded from Measure HH, which has been used for reoccurring essential City services.

Short-Term/
Long-Term
Cumulative Measure HH Reserves Targeted % Funded by
Reserves Set-Aside at 6/30/21* Reserve Measure HH
OPEB Trust Reserves 2,287,048 14,276,205 $10-30 Million 16% Pension Trust Reserves 12,762,792 12,762,792 $10-30 Million 100% Emergency Reserves 4,903,421 15,578,000 $14.2 Million 31% Capital Reserves 9,772,053 17,932,407 $10-15 Million 54% Capital Rsrve-Set-aside HH CIP 5,116,251 5,116,251 Shared by above 100% Fire Apparatus Reserves 365,000 365,000 $2 Million 0%
35,206,565

* Including Measure HH and non-HH reserves set-aside and related investment income.

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CITY OF FOUNTAIN VALLEY
Notes to the Schedule of Measure HH Revenues and Expenditures Year Ended June 30, 2021

1. BASIS OF ACCOUNTING AND MEASUREMENT FOCUS
The Measure HH Revenues and Expenditures Schedule (Schedule) is presented using the modified-accrual basis of accounting. Under the modified-accrual basis of accounting, revenues are recognized when they become both measurable and available. Revenues are considered to be available when they are collected within the current period or soon enough thereafter to pay liabilities of the current period. For this purpose, the City considers revenues to be available if they are collected within 60 days of the end of the current fiscal year. Expenditures generally are recorded when a liability is incurred, as under accrual accounting.

2. REVENUES AND EXPENDITURES
Measure HH revenues consist of the 1% transactions and use (i.e. "sales") tax approved by the voters of Fountain Valley on November 8, 2016. Measure HH became effective April 1, 2017, which provided twelve months of revenue in Fiscal Year 2020/21 in the amount of approximately $14.1 million.

Measure HH is a general-purpose tax, which means the revenues received from the tax go into the City's General Fund to maintain or enhance any lawful City program, improvement or service such as police and fire services, senior and youth programs, etc.

Without Measure HH, the General Fund's operating deficit for Fiscal Year 2020/21 would have been $1,824,798. Measure HH expenditures include the utilization of funds to maintain existing services for public safety and senior and youth programs in an amount totaling $2,392,690. In addition, Measure HH expenditures include a one-time expenditure of $2,000,000 for funding of the pension liabilities.

The remaining balance of Measure HH funds represent amounts set-aside in reserves. The reserves set-aside in Fiscal Year 2020/21 include an increase in capital reserves of $9,669,419.

The General Fund reserves set-asides have been $1,747,320 in Fiscal Year 2016/17, $6,914,942 in FY 2017/18, $9,369,018 in FY 2018/2019, $5,655,333 in FY 2019/20 and $9,669,419 in FY 2020/21. During FY 2019/20 a prepayment was made for the purchase of a fire apparatus in which the reserves set-aside was reduced by $1,199,307. Since the original contributions in FY 2017/18, the OPEB and Pension set-aside reserves have accumulated $3,049,840 in investment earnings. As of June 30, 2021 the total reserve balance was $35,206,565.

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MEASURE HH REPORT CARD
For the Fiscal Year Ended June 30, 2021
This Report Card is provided by the Measure HH Oversight Committee based on the Committee's review of the Audit of Measure HH Revenues and Expenditures for the Fiscal Year Ended June 30, 2021, which reflects that the use of Measure HH Revenues ($14,062,109) is consistent with the Responsible Spending Pledge.

In accordance with the Responsible Spending Pledge, Measure HH was used to fund essential city services (including Police, Fire, Senior & Youth Programs), capital improvements and to build and maintain reserves. In addition, $2 million was used to make additional payments to CalPERS to pay down pension debt consistent with the City's 20-Year Financial Plan where the goal is to payoff all debt by 2037 when Measure HH sunsets.

Capital Reserves Increase
$4,188,168
30%
Set Aside for 21-22
Capital Projects
$5,116,251
Fire Apparatus
$365,000
3% Public Safety
$955,000
7%
Senior & Youth Programs
$365,798
3%
Employee Retention
$504,000
3%
Capital Improvements
$567,892
4%
Debt Paydown
$2,000,000
14%

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20-Year Financial Plan
The City’s fiscal policy is guided by the 20-Year Financial Plan, which encompasses the long-term operating and capital needs of the General Fund. The 20-Year Financial Plan is updated twice a year – in April during the budget process and once the books have been closed and audited for the prior fiscal period. The recent update at the Mid-Year Budget Review in February, 2022 shows an annual operating surplus of $2.4 million in 2037-38 when Measure HH sunsets, demonstrating efforts by the City to balance the budget by 2037 without Measure HH revenues are working. The updated model includes an additional $27 million in funding of unfunded liabilities as well as $64 million in capital projects over the twenty years. The City will continue to prioritize paying down debt and funding essential city services focusing on both short and long term fiscal sustainability.
$(4,000,000)
$(2,000,000)
$-
$2,000,000
$4,000,000
$6,000,000
$8,000,000
$10,000,000
$12,000,000 20-YEAR OPERATING SURPLUS/ (DEFICIT) PROJECTIONS Measure HH
Sunsets

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Fountain Valley City CouncilMarch 1, 2022

Fountain Valley City Council
March 1, 2022