AGENDA
CITY COUNCIL/ SUCCESSOR
AGENCY TO THE FOUNTAIN
VALLEY AGENCY
FOR COMMUNITY DEVELOPMENT/
FOUNTAIN VALLEY HOUSING AUTHORITY
Closed Session 5:00 p.m.
Regular Meeting 6:00 p.m.
Tuesday, September 20, 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 th e Cit y Counci lor othe r 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.
City of Fountain Valley is inviting you to a scheduled Zoom meeting.
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CLOSED SESSION
CALL TO ORDER 5:00 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.
1. CONFERENCE WITH LABOR NEGOTIATORS
Agency designated representatives: Mayor
Unrepresented employee: City Manager
2. CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Section 54956.9: (1 potential case - facts and circumstances unknown to potential plaintiffs)
3. CONFERENCE WITH LEGAL COUNSEL--EXISTING LITIGATION
Paragraph (1) of subdivision (d) of Section 54956.9
Name of case: WISP Federal Communications Commission WT Docket No. 19-270
4. CONFERENCE WITH LEGAL COUNSEL--EXISTING LITIGATION
Paragraph (1) of subdivision (d) of Section 54956.9
Name of case: Gail Kaufmann v. City of Fountain Valley
OPEN SESSION
CALL TO ORDER 6:00 p.m.
INVOCATION
SALUTE TO THE FLAG Council Member Ted Bui
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
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 - 10 will be approved simultaneously with one motion, unless separate action/or discussion is requested.
1. Waive the reading in full of all ordinances under consideration and direct the Mayor to read by titles only.
2. Receive and File the Draft Minutes of the September 6, 2023 Regular City Council Meeting
3. General Plan Advisory Committee (GPAC) Appointments Page 14 Approval of the selection of Kerry Wakely to represent the Community Foundation on the General Plan Advisory Committee.
4. City of Fountain Valley Six Month Strategic Objectives Update For August 23, 2022 through November 1, 2022 Page 17
Staff recommends that the City Council receive and file the Six Month Strategic Objectives matrix for August 23, 2022 through November 1, 2022.
5. Fiscal Year 2021-22 Housing Authority Annual Report Page 25 Approval of Alternative No. 1 to approve the annual report and authorize staff to forward the report to the California Department of Housing and Community Development and the Governor's Office by October 1, 2022, and file with the City Clerk.
6. Second Reading and Adoption of an Ordinance approving Code Amendment No. 22-02 – An Amendment to the Fountain Valley Municipal Code (FVMC) Sections 21.08.030, 21.10.030,
21.30.020, 21.22.040, and 21.90.020 as Required to Address Recent Changes in State Law Concerning the Regulation of Large Family Daycare Homes and to Update Regulations for Adult Day Care Centers Page 32
Staff is requesting City Council approval of Alternative No. 1 to adopt the attached Ordinance of the City Council of the City of Fountain Valley approving a Notice of Exemption in accordance with the California Environmental Quality Act (CEQA) and approve Code Amendment No. 22-02 which is an amendment to FVMC sections 21.08.030, 21.10.030,
21.30.020, 21.22.040, and 21.90.020 as required to address recent changes in state law concerning the regulation of large family daycare homes and to update regulations for adult day care centers.
7. Approve Amendment No. 4 to CON-16-52 with Cintas Corporation No. 2 for Uniform Rental, Laundry Services and Facility Services Products to extend the contract term one year Page 52 Staff is requesting City Council approval of Alternative No. 1 to approve Amendment No. 4 to CON-16-52 with Cintas Corporation No. 2 for Uniform Rental, Laundry Services and Facility Services Products to extend the contract term one year.
8. Orange County Grand Jury’s Investigative Report, Findings, and recommendations Regarding “How is Orange County Addressing Homelessness” Page 58
Receive and file the Orange County Grand Jury’s investigative report, findings, and recommendations regarding Orange County Homelessness and authorize the Mayor to deliver the City’s response to the findings and recommendations to the Presiding Judge of the Superior Court.
9. Accept the Parcel Map No. 2021-113 for the Property Located at 18285-18375 Euclid Street
Staff recommends the City Council approve the Alternative No. 1 to accept Parcel Map No. 2021-113 for the property located at 18285-18375 Euclid Street.
10. Approve a resolution to accept Office of Traffic Safety STEP grant money Page 94 Approve a resolution to accept the Office of Traffic Safety Selective Traffic Enforcement Program grant money, amend the FY 2022-23 budget COPS/SLES fund in the amount of $70,000 and appropriate an expenditure to incorporate the changes into the FY 2022-23 budget.
PUBLIC HEARINGS
Each person will have up to 3 minutes to speak on each Public Hearing.
11. First Read and Approval of an Ordinance approving a categorical exemption per the California Environmental Quality Act (CEQA) and code amendment to (1) amend the development code to allow conditionally permitted short-term rentals in the R-1 and GH districts; (2) add Chapter 4.95 to the Municipal Code regulating short-term rentals; (3) amend section 1.13.070 of the Municipal Code to increase administrative fines for short-term rental property and building code violations; and (4) amend section 1.16.010 of the Municipal Code to increase criminal fines for short-term rental property and building code violations – Presentation by Colin Burns, Attorney for the City Page 113 Staff has no Recommended Action for this item
12. Public Hearing FY 2021-22 Community Development Block Grant Consolidated Annual Performance and Evaluation Report – Presentation by Ashlyn Newman, Housing Coordinator
Approval of Alternate No.1 - Conduct a Public Hearing to consider the City of Fountain Valley FY 2021-22 CAPER, and authorize Staff to submit the Final CAPER to HUD for approval by the September 30, 2022 deadline.
13. First Read and Introduction of an Ordinance of the City Council of the City of Fountain Valley Adding Section 12.08.105 to the Fountain Valley Municipal Code to Prohibit Feeding, Disturbing, or Having Physical Contact with Wildlife on City Property to Reduce the Presence of Coyotes – Presentation by Colin Burns, Attorney for the City Page 197 Staff is requesting City Council approval of Alternative No. 1: Introduce and approve a first reading of an Ordinance of the City Council of the City of Fountain Valley adding Section
12.08.105 to the Fountain Valley Municipal Code to prohibit feeding, disturbing, or having physical contact with wildlife on City property in order to reduce the presence of coyotes and set the matter for second reading and adoption.
ADMINISTRATIVE ITEMS
14. Adopt a Resolution Amending the City’s Salary Schedule, and Approving an Amendment to the Memoranda of Understanding for the Fountain Valley Professional and Technical Unit (“P&T”), relating to Wages, Hours, Terms and Conditions of Employment – Presentation By Carrie Hanes, Human Resources Director Page 212
Alternative No. 1: Adopt a Resolution Amending the City’s Salary Schedule and Approving an Amendment to the Memoranda of Understanding for the Fountain Valley Professional and Technical Unit, relating to Wages, Hours, Terms and Conditions of Employment.
15. Approval of the FY 2022/23 Statement of Investment Policy – Presentation by Sherry Johnson, Interim Finance Director Page 245
Staff recommends that Council approve the FY 2022/23 Statement of Investment Policy as presented.
16. 1) Amend the FY 2022/23 Fleet Capital budget in the amount of $36,500; 2) Waive the bidding requirements pursuant to FVMC 2.36.070 Par 4 and authorize staff to issue a purchase order to National Auto Fleet Group for the purchase of four (4) new 2023 Ford Police Interceptor Utility Non-Hybrid Patrol Units for $194,919.10 through the existing cooperative contract with Sourcewell; and
3) Authorize staff to dispose of the existing vehicles by means that best meet the City’s needs – Presentation by Christine Smith, Management Analyst Page 268 Staff is requesting City Council approval of Alternative No. 1 to 1) amend the FY 2022/23 Fleet Capital budget in the amount of $36,500; 2) waive the bidding requirements pursuant to FVMC
2.36.070 Par 4 and authorize staff to issue a purchase order to National Auto Fleet Group for the purchase of four (4) new 2023 Ford Police Interceptor Utility Non-Hybrid Patrol Units for $194,919.10 through the existing cooperative contract with Sourcewell; and 3) authorize staff to dispose of the existing vehicles by means that best meet the City’s needs
17. Amend 2 CON-19-28 Sports Park, Parks and Civic Facilities Landscape Maintenance - additional turf renovation and chemical application – Presentation by Christine Smith, Management Analyst Page 289
Staff is requesting City Council approval of Alternative No. 1 to approve Amendment No. 2 to CON-19-28 with Merchants Landscape Services, Inc. for Sports Park, Parks and Civic Facilities Landscape Maintenance Services to add additional services to the scope of work and increase the annual contract amount by $171,696.
18. Arterial Street Rehabilitation and Resurfacing - Heil Avenue from Euclid Street to Harbor Blvd and Ward Street from Edinger Avenue to North City Limits, Project No. 2422221006 (TI277) – Presentation by HyeJin Lee, Public Works Director Page 303 Staff recommends that the City Council: 1) Accept the bids and award a construction contract for $1,738,521.88 to R.J. Noble Company for the arterial streets rehabilitation project construction; 2) Accept the proposal and authorize Staff to issue a Purchase Order to Ninyo & Moore Geotechnical & Environmental Sciences Consultants on-call contract for Material Testing Services for $15,857.00; and, 3) Approve a Project Budget Amendment in the amount of $450,000 from Measure M fund.
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 October 4, 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 5:30 p.m.
Regular Meeting 6:00 p.m.
Tuesday, September 6, 2022
Council Chambers
CLOSED SESSION
CALL TO ORDER 5:30 p.m.
PUBLIC COMMENTS (Closed Session matters only)
1. CONFERENCE WITH LABOR NEGOTIATORS
Agency designated representatives: Mayor and Attorney for the City Employee organization: Administrative Officers
No Reportable Action
2. CONFERENCE WITH LABOR NEGOTIATORS
Agency designated representatives: City Manager, Human Resources Director, and Attorney for the City
Employee organization: Represented P & T
No Reportable Action
OPEN SESSION
CALL TO ORDER 6:00 p.m.
INVOCATION Mayor Patrick Harper
SALUTE TO THE FLAG Council Member Michael Vo
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
ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS
A red folder was provided to City Council and members of the public with Amendments to the August 23, 2022 City Council meeting minutes. Amendments were made to Items 7 & 9 and Mayor Patrick Harper’s AB 1234.
CITY MANAGER/MAYOR UPDATE
City Manager Maggie Le gave an update on the SoCal heatwave and ways to beat the heat, holiday trash & street sweeping schedule, and fundraising opportunities for community members. Mayor Patrick Harper made an announcement about the Lobster Fest and Moon Festival.
PRESENTATIONS
Proclamation for “September 2022 National Senior Center Month”.
Community Services Supervisor, Ben Dieterle, accepted the Proclamation
FIRST CITY COUNCIL/ SUCCESSOR AGENCY/ HOUSING AUTHORITY/ PUBLIC COMMENTS (Unscheduled Matters Only)
Katy Wright, George Berg, Darrel Mymon Brown
PUBLIC COMMENTS (Scheduled Matters Only)
Cheryl Brothers – Item 2
Jaye Towne – Item 5
CONSENT CALENDAR
Consent Calendar Items 1,3,4, 6 & 7 were approved simultaneously.
1. Waive the reading in full of all ordinances under consideration and direct the Mayor to read by titles only.
ACTION: Move to approve and waive the reading in full of all ordinances under consideration and direct the Mayor to read by titles only.
MOTION: Vo SECOND: Constantine
AYES: Bui, Grandis, Vo, Constantine, Harper
NOES: None
ABSENT: None
ABSTAIN: None
2. Pulled from Consent Calendar by Mayor Pro Tem Constantine Receive and File the Draft Minutes of the August 23, 2022 Adjourned Regular City Council Meeting
ACTION: Move to Amend and File the Draft Minutes of the August 23, 2022 Adjourned Regular City Council Meeting to reflect Mayor Pro Tem Constantine vote as a No in replace of the Abstain Vote on Item #18 on the August 23 Agenda. *On September 6, Mayor Pro Tem Constantine clarified that her voting machine did not work to allow her to vote no during the August 23 meeting.
MOTION: Grandis SECOND: Harper
AYES: Bui, Grandis, Vo, Constantine, Harper
NOES: None
ABSENT: None
ABSTAIN: None
Cheryl Brothers gave a public comment on this item.
3. Waive the Bidding Requirements Pursuant to FVMC 2.36.070 and Approve the Second, Three-Year Amendment to Contract No. 18-43 with Southern California Fleet Services for AsNeeded Maintenance and Repairs of Fire Department Apparatus ACTION: Move to approve Alternative #1: Waive the bidding requirements pursuant to FVMC 2.36.070 and approve the second, three-year contract amendment for Southern California Fleet Services contract number 18-43 for as-needed maintenance and repairs of fire department apparatus.
MOTION: Vo SECOND: Constantine
AYES: Bui, Grandis, Vo, Constantine, Harper
NOES: None
ABSENT: None
ABSTAIN: None
4. Second Reading and Adoption of an Ordinance approving Code Amendment No. 22-03 – An Amendment To The Fountain Valley Municipal Code (FVMC) Sections 21.30.030, 21.22.040, and 21.22.070 Regarding Drive-Through Facilities and Updates to Stormwater Grading Requirement for Parking Lots.
ACTION: Move to adopt the attached Ordinance of the City Council of the City of Fountain Valley approving a Notice of Exemption in accordance of the California Environment Quality Act (CEQA) and approve Code Amendment No. 22-03 amending sections 21.20.020, 21.22.040, and 21.22.070 regarding drivethrough facilities and updates to stormwater grading requirements for parking lots.
MOTION: Vo SECOND: Constantine
AYES: Bui, Grandis, Vo, Constantine, Harper
NOES: None
ABSENT: None
ABSTAIN: None
5. Pulled from the Consent Calendar by Mayor Pro Tem Constantine Second Reading and Adoption of an Ordinance approving Code Amendment No. 22-04 ACTION: Move to adopt the attached Ordinance of the City Council of the City of Fountain Valley approving a Notice of Exemption in accordance of the California Environment Quality Act (CEQA) and approve Code Amendment No. 22-04 to reduce a variation of residential density in the Mixed-Use Zoning District that allows residential density to be built up to 100 du/ac in certain situations to 75 du/ac.
MOTION: Vo SECOND: Grandis
AYES: Bui, Grandis, Vo
NOES: Constantine, Harper
ABSENT: None
ABSTAIN: None
Jaye Towne gave a public comment on this item.
6. Adopt a Resolution Terminating the Declaration of Local Emergency Caused by the Novel Coronavirus (COVID-19)
ACTION: Move to approve alterative No. 1: Adopt a Resolution Terminating the Declaration of Local Emergency that was Caused by the Novel coronavirus (COVID-19)
MOTION: Vo SECOND: Constantine
AYES: Bui, Grandis, Vo, Constantine, Harper
NOES: None
ABSENT: None
ABSTAIN: None
7. Request Approval to Amend Contract 17-14 with Infosend for an Additional Two Years to Provide Utility Billing Services and Hearing Notifications in the amount of $140,000 ACTION: Move to approve entering into the two-year amendment for Contract 17-14 with Infosend to provide utility billing services/hearing notification in the amount of $140,000 for the full two-year agreement.
MOTION: Vo SECOND: Constantine
AYES: Bui, Grandis, Vo, Constantine, Harper
NOES: None
ABSENT: None
ABSTAIN: None
PUBLIC HEARINGS
8. Public Hearing and Introduction: Code Amendment No. 22-02 – An Amendment To The Fountain Valley Municipal Code (FVMC) Sections 21.08.030, 21.10.030, 21.30.020,
21.22.040, and 21.90.020 As Required To Address Recent Changes In State Law Concerning The Regulation Of Large Family Daycare Homes And To Update Regulations For Adult Day Care Centers
Public Hearing Opening: 6:56 p.m.
No Comments Heard
Public Hearing Closed: 6:56 p.m.
ACTION: Move to Introduce the attached Ordinance approving a Notice of Exemption in accordance with the California Environmental Act (CEQA) and approving Code Amendment No. 22-02 which is an Amendment to the Fountain Valley Municipal Code (FVMC) Sections 21.08.030, 21.10.030, 21.30.020, 21.22.040, and
21.90.020 as Required to Address Recent Changes in State Law Concerning the Regulation of Large Family Daycare Homes and to Update Regulations for Adult Day Care Centers
MOTION: Grandis SECOND: Bui
AYES: Bui, Grandis, Vo, Harper
NOES: Constantine
ABSENT: None
ABSTAIN: None
ADMINISTRATIVE ITEMS
9. Adopt a Resolution Amending the City’s Salary Schedule; and Adopt a Resolution Amending Resolution No. 9801 for the Administrative Officers, relating to Wages, Hours, Terms and Conditions of Employment
ACTION: Move to approve Alternative No.1: Adopt a Resolution Amending the City’s Salary Schedule and Adopt a Resolution Amending the Administrative Officers Resolution No. 9801, relating to Wages, Hours, Terms and Conditions of Employment.
MOTION: Vo SECOND: Grandis
AYES: Bui, Grandis, Vo, Constantine, Harper
NOES: None
ABSENT: None
ABSTAIN: None
10. Insurance Policy Renewals for General Liability, Workers' Compensation, All-risk Property, Earthquake, Pollution, Cyber and Crime Coverage for the Period July 1, 2022 to June 30, 2023 ACTION: Move to approve the Purchase of insurance policies for general liability, workers’ compensation, all-risk property, earthquake, pollution, and cyber and crime coverage, as outlined in this report, for the period of July 1, 2022 to June 30, 2023, for a total amount not to exceed $1,123,695.
MOTION: Grandis SECOND: Constantine
AYES: Bui, Grandis, Vo, Constantine, Harper
NOES: None
ABSENT: None
ABSTAIN: None
COUNCIL MEMBER ITEMS FOR FUTURE CONSIDERATION
None
CITY COUNCIL/ SUCCESSOR AGENCY/ HOUSING AUTHORITY/ PUBLIC COMMENTS (Unscheduled Matters Only)
None
CITY COUNCIL/SUCCESSOR AGENCY/HOUSING AUTHORITY AB 1234/GENERAL
COMMENTS
Council Member Bui
Council Member Vo
August 27 Attended the Fountain Valley Firefighters Kitchen Fire Classic Pickleball Tournament
Council Member Grandis
August 25 Attended the FVRH Board Meeting
August 26 Attended the Movie in the Park
August 27 Attended the FV Firefighters Pickleball Tournament, then attended the FV Historical Society Ice Cream Social
August 30 Attended the Navigation Center Community Meeting in Garden Grove August 31 Attended the FV Police Department Badge Promotion Ceremony September 3 Attended the Kelly Osborn Memorial Golf Tournament
Mayor Pro Tem Constantine
August 26 Attended the Movie in the Park, then attended the ACC-OC End of Summer Solstice at the Lyon Air Museum
August 27 Attended the FV Firefighters Kitchen Fire Classic Pickleball Tournament, then attended the FV Historical Society Ice Cream Social, then attended the Green Valley End of Summer Luau in Green Valley Park
August 30 Attended the Community Meeting for Proposed Navigation Center at the Garden Grove Community Meeting Center
August 31 Watched the Planning Commission Meeting on Zoom September 6 Attended the Rotary Meeting at the FV Senior Center, then attended the FV Senior Center 17th Anniversary at the FV Senior Center
Mayor Harper
August 24 Attended the OCTA Finance Committee Meeting, then toured the Crystal Springs Apartment Complex
August 26 Attended the ACC-OC Event
August 27 Attended the FV Firefighters Pickleball Tournament, then attended the FV Historical Society Ice Cream Social
August 29 Attended the Santa Ana Watershed Project Authority Meeting August 30 Attended the Navigation Center Community Meeting in Garden Grove August 31 Attended the Asian Business Association of Orange County Bizcon 2022 September 1 Toured Kingston Technologies Headquarters, then attended the Cal Cities OC Chapter Meeting
ADJOURN THE MEETING OF THE CITY COUNCIL/SUCCESSOR AGENCY/HOUSING
AUTHORITY
Mayor Harper adjourned the meeting at 7:13 p.m. to the next Regular Meeting of the Fountain Valley City Council on September 20, 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
CITY OF FOUNTAIN VALLEY
CITY COUNCIL
COUNCIL ACTION REQUEST
To: Honorable Mayor and Agenda Date: September 20, 2022 Members of the City Council
SUBJECT: General Plan Advisory Committee (GPAC) Appointments Three-Year Strategic Goals
☐ Enhance the culture and environment of “A Nice Place to Live” ☐ Attract and retain revenue producing businesses
☐ Achieve fiscal stability in accordance with the 20-Year Financial Plan ☐ Attract and retain quality staff
☒ Not applicable
EXECUTIVE SUMMARY:
The General Plan is a long-range planning document that represents the community’s view of its future; it is a blueprint for a city’s future growth and development. The City is currently in the process of updating its General Plan, which was adopted in 1995 in order to create a vision through 2045.
One of the largest components of a General Plan Update is public outreach and community input. Public participation is facilitated through several efforts including the utilization of a General Plan Advisory Committee (GPAC). The purpose of a GPAC is to advise the City on the topics and issues addressed in the General Plan. The GPAC serves as an important channel for the community to provide input and make recommendations. As originally conceived, the GPAC consists of 15 members comprised of the following:
• FV Council Members (2)
• FV Planning Commissioner (1)
• FV HCD Advisory Board (1)
• FV Community Foundation Board Member (1)
• Measure HH Committee Member (1)
• FV Elementary School Board Member (1)
• Huntington Beach Union High School District Board Member (1)
GPAC Appointments
September 20, 2022
• FV Chamber of Commerce Board Member (1)
• FV Large Business Representative (1)
• OC Board of Realtors Representative (1)
• At-large FV residents/community members (4)
The GPAC representative from the Community Foundation, Tracy Cameron, recently resigned from the Board. The Community Foundation has nominated Kerry Wakely to be their new representative to the GPAC.
DISCUSSION:
The Fountain Valley General Plan last received a comprehensive update in 1995. It is recommended that a city update its General Plan when appropriate to ensure the document is current with legislative requirements, community conditions and community preferences. The City Council approved a contract with PlaceWorks, Inc. to provide the City with a Comprehensive General Plan Update and associated Environmental Impact Report. Work is well underway and both the General Plan and related Environmental Impact Report are currently being drafted based on all of the City Council, Planning Commission, GPAC, community and other stakeholder comments provided to date.
While the General Plan update process is nearing completion, there may still be items presented to the GPAC for consideration, including the final Goals and Policies and the draft document. The GPAC has been in existence for just under four (4) years and membership has been quite consistent. However, there is currently one vacancy on the GPAC, which is the representative from the Community Foundation. The Foundation has selected Kerry Wakely to represent their Board on the GPAC. The City Council is being requested as part of this agenda item to approve this selection.
FISCAL REVIEW:
There is no fiscal impact related to this item.
PUBLIC NOTIFICATION:
Not applicable.
ENVIRONMENTAL IMPACT REVIEW:
Not applicable.
ATTORNEY REVIEW:
This does not require the Attorney for the City review or approval.
GPAC Appointments
September 20, 2022
ALTERNATIVES:
Alternative No. 1: Approve the selection of Kerry Wakely to represent the Community Foundation on the GPAC.
Alternative No. 2: Do not approve and provide Staff further guidance.
RECOMMENDATION:
Staff is recommending Alternative No. 1 to approve the selection of Kerry Wakely to represent the Community Foundation on the GPAC.
Prepared by: Omar Dadabhoy, Community Development Director Approved by: Maggie Le, City Manager
CITY OF FOUNTAIN VALLEY
CITY COUNCIL
COUNCIL ACTION REQUEST
To: Honorable Mayor and Agenda Date: September 20, 2022 Members of the City Council
SUBJECT: City of Fountain Valley Six Month Strategic Objectives Update for August 23, 2022 through November 1, 2022
Three-Year Strategic Goals
☒ Enhance the culture and environment of “A Nice Place to Live” ☒ Attract and retain revenue producing businesses
☒ Achieve fiscal stability in accordance with the 20-Year Financial Plan ☒ Attract and retain quality staff
☐ Not applicable
EXECUTIVE SUMMARY:
On August 23, 2022, the City Council approved the attached strategic plan objectives matrix for August 23, 2022 through November 1, 2022. The attached objectives have been updated to give the City Council a current status of the objectives to date.
DISCUSSION:
During the city’s strategic planning session on June 9, 2022, the City Council, management and staff in attendance reviewed the previously established mission statement, three-year goals and six-month strategic planning objectives. The strategic plan has and will continue to serve as a guideline for both the council and staff as we work to achieve our goals over the next few years.
Our strategic planning efforts reconfirmed the existing city mission statement that states; “The City of Fountain Valley delivers cost-effective quality public services to provide a safe and desirable community that enriches its residents and businesses.” The three-year goals established by the City Council in 2020 were reviewed and discussion occurred to determine what the next three-year goals should be.
Six Month Strategic Objectives Update
September 20, 2022
The recommended 2020 - 2023 goals are:
o Enhance the culture and environment of “A Nice Place to Live” o Attract and retain revenue producing businesses
o Achieve fiscal stability in accordance with the 20-Year Financial Plan o Attract and retain quality staff
At the July 19, 2022 City Council Study Session, Staff presented a draft of the six-month objectives and Staff received feedback to bring back to City Council for adoption. The City Council approved the strategic plan objectives matrix for August 23, 2022 through November 1, 2022 at the August 23 City Council Meeting. Attachment No. 1 is the strategic objectives and staff’s progress toward achieving it.
FISCAL REVIEW:
The current adopted budget includes sufficient funding for the professional services required.
It will be expensed to the 10010103-53003 - PROFESSIONAL SERVICES.
PUBLIC NOTIFICATION:
Not applicable.
ENVIRONMENTAL IMPACT REVIEW:
Not applicable.
ATTORNEY REVIEW:
City Attorney review was not necessary for this item.
ALTERNATIVES:
Alternative No. 1:
Alternative No. 2:
RECOMMENDATION:
Receive and File the updated Six-Month Strategic Objectives Matrix for August 23, 2022 through November 1, 2022.
Direct staff to take an alternate action.
Staff recommends that City Council approve Alternative No. 1 to receive and file the updated Six-Month Strategic Objectives Matrix for August 23, 2022 through November 1, 2022.
Prepared by: Rick Miller, City Clerk
Approved by: Maggie Le, City Manager
Attachment:
Six Month Strategic Objectives Update
September 20, 2022
1. Updated Six Month Strategic Objectives Matrix for August 23, 2022 through November 1, 2022
A
C I T Y O F F O U N T A I N V A L L E Y
SIX-MONTH STRATEGIC OBJECTIVES
A u g u s t 2 3 , 2 0 2 2 – N o v e m b e r 1 , 2 0 2 2 THREE-YEAR GOAL: ENHANCE THE CULTURE AND ENVIRONMENT OF “A NICE PLACE TO LIVE”
WHEN WHO WHAT STATUS COMMENTS
DONE ON
TARGET
REVISE
D
1. At the September
20, 2022 City
Council Meeting
City Attorney-lead,
Community Development
Director, Finance Director
Present to the City Council for consideration, options
to address short-term rentals in the city.
2. By Sept. 1, 2022 Community Services
Director with assistance
from all directors
Reinstate and enhance outreach/engagement
opportunities related to city-wide community services
and present to the City Manager.
X
Presented results of
reinstated community
outreach programs and
opportunities for future
engagement at City-wide
community events to CM.
3. At October 4, 2022
City Council Meeting
City Clerk-lead,
Community Development
Director, and Community
Services Director
Present to the City Council the results of a customer
service survey from residents and businesses.
4. At the Oct 4, 2022
City Council meeting
Community Development
Director lead, working with
the Finance Director, Fire
Chief, Police Chief, Public
Works Director
Present to the CC the completed survey results of
residents and business owners in the North Island.
5. At the October 4,
2022 City Council
meeting
Community Services
Director
Identify one proposed community event and one
proposed concert in the park to embrace diversity.
6. By November 1,
2022
Public Works Director,
Community Services
Director and IT Manager
Present improved WiFi options at the Sport Park to the
City Council.
x Spectrum, Frontier and SiFi
Smart City options explored.
Frontier working with WISP
as ISP to provide WiFi at
Sports Park
B
7. By October 15,
2022
Community Development
Director
Present the Housing Element Update to the Planning
Commission and City Council for adoption.
8. By October 18,
2022
Police Chief Provide an update on homelessness strategy.
8. At the November
1, 2022 City Council
Meeting
Public Works Director Present an update on Frontier fiber optic project to the City Council.
x Frontier invited to present
update to Council on Oct. 4.
C
THREE-YEAR GOAL: ATTRACT AND RETAIN REVENUE PRODUCING BUSINESSES
WHEN WHO WHAT STATUS COMMENTS
DONE ON
TARGET
REVISE
D
1. At the November 15,
2022 City Council
meeting
Community
Development Director
and Public Works
Director
Present to the City Council for direction branding the FV Crossings Business Area with signage, beautification and marketing.
2. By the October 18,
2022 City Council
Meeting
Community
Development Director
Enter into a contract to update the City’s Economic
Development Plan.
3. By the October 18,
2022 City Council
Meeting
Community
Development Director
Participate in the San Diego ICSC Conference to increase outreach efforts with businesses and brokers and present results to City Council.
D
THREE-YEAR GOAL: ACHIEVE FISCAL STABILITY IN ACCORDANCE WITH THE 20-YEAR FINANCIAL PLAN
WHEN WHO WHAT STATUS COMMENTS
DONE ON
TARGET
REVISE
D
1. By the Sept. 20, 2022
City Council meeting
HR Director - lead,
Finance Director, City
Manager
Present to the City Council the findings and impacts of the Employee Compensation Study for miscellaneous groups.
X
9/20/2022 Council Meeting
will conclude the
compensation study findings
and staff reports.
2. At the November 1,
2022 City Council
meeting
Finance Director,
working with all
Directors
Identify and present to the City Council areas for savings to the city, and new revenue opportunities that do not
impact residents.
3. By November 1, 2022
City Council meeting
Finance Director –
lead and Public
Works Director
Present to the City Council the creation of a Facilities Replacement Fund.
4. By November 1, 2022
City Council Meeting
Interim Finance
Director
Hire an independent consultant to reconcile the current budget with previous forecasts and present to the City
Council.
5. By August 23, 2022
City Council Meeting
City Clerk Present to the City Council the process for establishing an Ad-Hoc Finance Sub Committee.
E
THREE-YEAR GOAL: ATTRACT AND RETAIN QUALITY STAFF
WHEN WHO WHAT STATUS COMMENTS
DONE ON
TARGET
REVISE
D
1. By the October
4, 2022
Council
Meeting
Cross City Committee
with
oversite/assistance
from Fire Chief and
HR Director
Present results from Engagement Team – Increase Engagement of staff for teambuilding, equity, inclusion, retention and morale.
X Committee is not prepared
to present at this time.
2. By October 4,
2022 City
Council
Meeting
PW Director,
Community Services
Director, HR Director,
Police Chief and IT
Manager
Present to City Council on hiring process/on boarding
improvements.
X ERP HRIS/Payroll has been
moved to January 1/1/2023
to begin implementation.
CITY OF FOUNTAIN VALLEY
HOUSING AUTHORITY ACTION REQUEST
To: Honorable Chairman and Agenda Date: September 20, 2022 Members of the Housing Authority
SUBJECT: Fiscal Year 2021-22 Housing Authority Annual Report Three-Year Strategic Goals
☐ Enhance the culture and environment of “A Nice Place to Live” ☐ Attract and retain revenue producing businesses
☐ Achieve fiscal stability in accordance with the 20-Year Financial Plan ☐ Attract and retain quality staff
☒ Not applicable
EXECUTIVE SUMMARY:
Section 34328.1 of the California Health and Safety Code (H&S Code 34328.1) requires that every Housing Authority shall annually, by the first day of October, file with the clerk of the respective city or county, and with the Department of Housing and Community Development and the Governor’s Office, a report of its activities for the preceding year. This report shall contain information adequate for the city, county, or department to determine that the requirements of Section 34312.3 of the California Health and Safety Code (H&S Code 34312.3) have been met for any activity undertaken pursuant to that section. Upon acceptance of the report (Attachment 1) by the Fountain Valley Housing Authority, the report must be filed with the Governor’s Office and the Department of Housing and Community Development.
The information contained in this report constitutes the Fountain Valley Housing Authority Annual Report for the period of July 1, 2021 to June 30, 2022, and has been prepared in conformance with state law.
Staff recommends that the Housing Authority approve the annual report and authorize staff to forward the report to the State.
DISCUSSION:
The Fountain Valley Housing Authority was created by Housing Authority Resolution numbers 1 and 2 on February 15, 2011. The Housing Authority was created to preserve the ability to provide affordable housing activities within the City of Fountain Valley.
The Housing Authority experienced an increase in activity in 2012 when it inherited the housing assets and functions of the former Fountain Valley Agency for Community Development
Housing Authority Annual Report
September 20, 2022
(FVACD). The FVACD dissolved on February 1, 2012, pursuant to the Dissolution Act enacted by Assembly Bills 26 and 1484 (Parts 1.8 and 1.85 of the Health and Safety Code or “HSC”).
The City Council elected not to retain the housing assets and functions of the former FVACD, and designated the Fountain Valley Housing Authority as the Housing Successor entity. The Housing Authority thereby inherited all rights, powers, assets, liabilities, duties, and obligations associated with the housing activities of the former FVACD, excluding any amounts in the Low and Moderate Income Housing Fund.
The Successor Agency to the FVACD (“Successor Agency”) effected the transfer of several assets held by the former FVACD to the Housing Authority. The asset transfers were listed on a “Housing Asset Transfer” form (“HAT”), which was approved by the California Department of Finance (“DOF”) in August 2012.
H&S Code 34328.1 requires that every Housing Authority shall once a year, by the first day of October, file with the clerk of the respective city or county and with the Department of Housing and Community Development and Governor’s Office, a report of its activities for the preceding year as specified in H&S Code 34312.3. This report provides the specific information required by H&S Code 34312.3.
FISCAL REVIEW:
No Fiscal Impact; however, failure to file this report as required by Section 33080.1 of the California Health and Safety Code could result in a major audit violation. The fine for a major audit violation can be up to $10,000.
PUBLIC NOTIFICATION:
Not applicable.
ENVIRONMENTAL IMPACT REVIEW:
Not applicable.
ATTORNEY REVIEW:
The Attorney(s) for the City have reviewed this report.
ALTERNATIVES:
Alternative No.1: Approve the annual report and authorize staff to forward the report to the California Department of Housing and Community Development and the Governor’s Office by October 1, 2022 and file with the City Clerk.
Alternative No. 2: Amend the annual report as deemed necessary, approve amended report, and authorize staff to forward the report to the California Department of Housing and Community Development and the Governor’s Office by October 1, 2022, and file with the City Clerk.
Housing Authority Annual Report
September 20, 2022
RECOMMENDATION:
Staff is requesting the Housing Authority Commission approval of Alternative No. 1 to approve the annual report and authorize staff to forward the report to the California Department of Housing and Community Development and the Governor’s Office by October 1, 2022 and file with the City Clerk.
Prepared by: Ashlyn Newman, Housing Coordinator
Reviewed by: Omar Dadabhoy, Assistant Executive Director Fiscal review by: Sherry Johnson, Interim Finance Officer Approved by: Maggie Le, Executive Director
Attachment:
1. Housing Authority Annual Report
FOUNTAIN VALLEY HOUSING AUTHORITY
ANNUAL REPORT
FISCAL YEAR 2021-22
HOUSING AUTHORITY COMMISSION MEMBERS
Patrick Harper – Chair
Kim Constantine – Vice Chair Glenn Grandis – Commissioner Ted Bui – Commissioner Michael Vo – Commissioner
Maggie Le Executive Director
Omar Dadabhoy Assistant Executive Director
Colin Burns Housing Authority Counsel
Rick Miller Housing Authority Secretary
Sherry Johnson Interim Finance Officer
Ashlyn Newman Housing Coordinator
Contents
Introduction ..................................................................................................................... 1 Legal Authority ................................................................................................................ 1 Activities Subject to HSC 34328...................................................................................... 2 Development Rehabilitation or Finance of Housing Projects ....................................... 2 Terminations of Tenancies .......................................................................................... 2 Bonds .......................................................................................................................... 2 Section 8...................................................................................................................... 2 Loans........................................................................................................................... 2 Land............................................................................................................................. 2
1 Introduction
Section 34328.1 of the California Health and Safety Code requires that every Housing Authority shall, once a year, by the first day of October, file with the clerk of the respective City or County and with the Department of Housing and Community Development and the Governor’s Office, a report of its activities for the preceding year. This report shall contain information adequate for the City, County, or Department to determine that the requirements of Section 34312.3 of the California Health and Safety Code have been met for any activity undertaken pursuant to that section. Upon the Fountain Valley Housing Authority’s approval of this report, it will be filed with the Department of Housing and Community Development and the Governor’s Office.
The Fountain Valley Agency for Community Development (FVACD) was dissolved on February 1, 2012, pursuant to the Dissolution Act enacted by Assembly Bills 26 and 1484 (Parts 1.8 and 1.85 of the Health and Safety Code or “HSC”). The City Council elected not to retain the housing assets and functions of the former FVACD and designated the Fountain Valley Housing Authority (Housing Authority) as the Housing Successor entity.
The Housing Authority thereby inherited all rights, powers, assets, liabilities, duties, and obligations associated with the housing activities of the former FVACD, excluding any amounts in the Low and Moderate Income Housing Fund. It is important to note that although the Housing Authority inherited the FVACD’s assets and functions, it does not have an ongoing financing mechanism to maintain them like the FVACD. The former FVACD primarily funded projects with Low and Moderate Income Housing Funds generated by redevelopment tax increment; this tool was abolished with the dissolution of redevelopment. The Successor Agency to the FVACD (“Successor Agency”) effected the transfer of several assets held by the former FVACD to the Housing Authority. The asset transfers were listed on a “Housing Asset Transfer” form (“HAT”), which was approved by the California Department of Finance (“DOF”) in August 2012.
Legal Authority
Housing authorities are distinct, autonomous, legal entities that derive their powers from State statute. It is the intent of the State legislature that housing authorities function as local entities with the primary responsibility of providing housing for very low and low income households. California Housing Authorities Law (HSC Section 34200, et. seq.) provides for and details the requirements for local jurisdictions to create and operate a housing authority. To establish a housing authority, a local jurisdiction must adopt a resolution that includes findings that either of the following is true: (1) unsanitary or unsafe housing exists in the city, or (2) there is a shortage of safe or sanitary housing available to persons of low income.
Objective
The Fountain Valley Housing Authority was created by Housing Authority Resolution numbers 1 and 2 on February 15, 2011. The Housing Authority was created to preserve the ability to provide affordable housing activities within the City of Fountain Valley.
2 Activities Subject to HSC 34328.1
Development, Rehabilitation or Finance of Housing Projects The Housing Authority became the Successor Housing Agency on February 1, 2012.
Since the passage of SB341, the allowable use of former redevelopment funds are generally restricted to administration of previously held assets, the production of rental units for low income persons, and a limited amount that may be used to provide services for persons experiencing homelessness.
During FY 2021-22, the Housing Authority used funds for administrative functions that included monitoring affordable housing covenants, managing the housing loan portfolio, and project related costs associated with the Affordable Housing Agreement with The Related Companies California executed in FY 2018-19, for the development of the 50- unit affordable housing project, Prado Family Homes. The project was fully leased and occupied by June 30, 2022.
Terminations of Tenancies
The Housing Authority does not own or operate any rental properties; therefore has not terminated any tenancies.
Bonds
The Housing Authority did not issue any bonds in FY 2021-22. The Housing Authority does not currently have any bonds.
Section 8
In 2011, the Housing Authority passed a resolution to authorize the Orange County Housing Authority to continue to provide Section 8 Leased Housing in its Areas of Operation within the City of Fountain Valley.
Loans
No loans were made in FY 2021-22.
Land
The Housing Authority does not own any land.
CITY OF FOUNTAIN VALLEY
CITY COUNCIL
COUNCIL ACTION REQUEST
To: Honorable Mayor and Agenda Date: September 20, 2022 Members of the City Council
SUBJECT: Second Reading and Adoption of an Ordinance approving Code Amendment No. 22-02 – An Amendment to the Fountain Valley Municipal Code (FVMC) Sections 21.08.030, 21.10.030, 21.30.020, 21.22.040, and
21.90.020 as Required to Address Recent Changes in State Law Concerning the Regulation of Large Family Daycare Homes and to Update Regulations for Adult Day Care Centers
Three-Year Strategic Goals
☐ Enhance the culture and environment of “A Nice Place to Live” ☐ Attract and retain revenue producing businesses
☐ Achieve fiscal stability in accordance with the 20-Year Financial Plan ☐ Attract and retain quality staff
☒ Not applicable
EXECUTIVE SUMMARY:
At its meeting of September 6, 2022, the City Council introduced for a first reading an Ordinance approving Code Amendment (CA) No. 22-02 to amend Sections 21.08.030,
21.10.030, 21.30.020, 21.22.040, and 21.90.020 as required to address recent changes in state law concerning the regulation of large family daycare homes and to update regulations for adult day care centers (Attachment 1). The Ordinance was introduced by a vote of 4-1 during the first reading without amendment.
As detailed in the attached report (Attachment 2), the proposed ordinance amends several sections of the FVMC to comply with the mandates of SB 234. Additionally, the proposed ordinance also corrects an error in regulations for large adult daycare uses.
The Ordinance is now presented to the City Council for a second reading and adoption.
FISCAL REVIEW:
There is no fiscal impact related to this item.
PUBLIC NOTIFICATION:
The item was published in the Fountain Valley View and public notices were posted at City Hall, Recreation Center, and Fountain Valley Library for the public hearing on September 6, 2022.
Council Action Request
Second Reading – Adoption of an Ordinance approving Code Amendment 22-02 City Council Meeting September 20, 2022
ENVIRONMENTAL IMPACT REVIEW:
The proposed project is exempt from environmental review under the California Environmental Quality Act (CEQA) pursuant to the California Code of Regulations, Title 14, Chapter 3, Sections 15060(c)(2)(the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) because it has no potential for resulting in a physical change to the environment, directly or indirectly. Additionally, the change in adult day care centers will be consistent with surrounding cities as well as existing regulations for child day care centers in commercial zones (Attachment 3).
ATTORNEY REVIEW:
The Attorney for the City has reviewed the attached Ordinance.
ALTERNATIVES:
Alternative No. 1: Adopt the attached Ordinance of the City Council of the City of Fountain Valley approving a Notice of Exemption in accordance with the California Environmental Quality Act (CEQA) and approving Code Amendment No. 22-02 which is an amendment to FVMC sections
21.08.030, 21.10.030, 21.30.020, 21.22.040, and 21.90.020 as required to address recent changes in state law concerning the regulation of large family daycare homes and to update regulations for adult day care centers.
Alternative No. 2: Do not adopt the attached Ordinance of the City Council of the City of Fountain Valley approving a Notice of Exemption in accordance with the California Environmental Quality Act (CEQA) and do not approve Code Amendment No. 22-02 which is an amendment to FVMC
sections 21.08.030, 21.10.030, 21.30.020, 21.22.040, and 21.90.020 as required to address recent changes in state law concerning the regulation of large family daycare homes and to update regulations for adult day care centers.
Alternative No. 3: Continue the request for additional information.
RECOMMENDATION:
Staff is requesting City Council approval of Alternative No. 1 to adopt the attached Ordinance of the City Council of the City of Fountain Valley approving a Notice of Exemption in accordance with the California Environmental Quality Act (CEQA) and approve Code Amendment No. 22-02 which is an amendment to FVMC sections 21.08.030, 21.10.030,
21.30.020, 21.22.040, and 21.90.020 as required to address recent changes in state law concerning the regulation of large family daycare homes and to update regulations for adult day care centers.
Prepared By: Steven Ayers, Principal Planner
Council Action Request
Second Reading – Adoption of an Ordinance approving Code Amendment 22-02 City Council Meeting September 20, 2022
Approved By: Omar Dadabhoy, Community Development Director Approved By: Maggie Le, City Manager
Attachments:
1. An Ordinance of City Council of the City of Fountain Valley approving a Notice of Exemption in accordance with the California Environmental Quality Act (CEQA) and approving Code
Amendment No. 22-02 which is an amendment to FVMC sections
21.08.030, 21.10.030, 21.30.020, 21.22.040, and 21.90.020 as required to address recent changes in state law concerning the regulation of large family daycare homes and to update regulations for adult day care centers.
2. September 6, 2022 Staff Report
3. Notice of Exemption
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FOUNTAIN
VALLEY APPROVING A CATEGORICAL EXEMPTION PER THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) AND
APPROVING CODE AMENDMENT (CA) NO. 22-02 TO AMEND THE
FOUNTAIN VALLEY MUNICIPAL CODE (FVMC) SECTIONS 21.08.030,
21.10.030, 21.30.020, 21.22.040, AND 21.90.020 AS REQUIRED TO
ADDRESS RECENT CHANGES IN STATE LAW CONCERNING THE
REGULATION OF LARGE FAMILY DAYCARE HOMES AND TO UPDATE
REGULATIONS FOR ADULT DAYCARE CENTERS
WHEREAS, the Fountain Valley City Council adopted the Development Code Update on December 7, 2000; and
WHEREAS, on September 5, 2019, Governor Newsom approved Senate Bill 234 – Family Daycare Homes, amending the California Child Daycare Act (“SB 234”); and WHEREAS, prior to the enactment of SB 234, state law required cities to treat small family daycare homes as a residential use of property permitted by right in residential zoning districts; conversely cities retained the ability to impose permit requirements and use restrictions regulating large family daycare homes; and WHEREAS, SB 234 removes the distinction between small family daycare homes and large family daycare homes for purposes of land use regulation by requiring cities to now also treat large family daycare homes as a residential use of property permitted by right in residential zoning districts; and
WHEREAS, FVMC 21.08.030 Table 2-2 establishes allowed uses and permit requirements for uses in Residential Zoning Districts and requires the approval of a large family daycare permit for large family daycare homes in all residential zoning districts; and
WHEREAS, FVMC 21.10.030 Table 2-6 establishes allowed uses and permit requirements for uses in Commercial and Manufacturing Districts and does not address adult day care centers; and
WHEREAS, FVMC 21.30.020 establishes location and operational standards for the provision of day care facilities, in compliance with state law; and WHEREAS, FVMC 21.22.040 Table 3-3 establishes parking requirements by land use, inducing large family daycare homes; and
WHERAS, FVMC 21.90.020(4) establishes the definition of day care facilities including small and large family day care homes; and
WHEREAS, this Ordinance amends FVMC Sections 21.08.030, 21.10.030,
21.30.020, 21.22.040, and 21.90.020 to ensure consistency and compliance with SB 234; and
WHEREAS, this Ordinance also includes revisions to address adult day care in FVMC 21.08.030, 21.10.030, 21.30.020, 21.22.040, and 21.90.020; and WHEREAS, the Fountain Valley Planning Commission considered the proposed CA No. 22-02 at a duly noticed public hearing on August 10, 2022, and by a vote of 5-0 recommended the City Council approve CA No. 22-02; and
WHEREAS, the proposed CA No. 22-02 has been publicly noticed in accordance with State Law and the Fountain Valley Municipal Code.
NOW, THEREFORE, the City Council of the City of Fountain Valley does ORDAIN as follows:
SECTION 1
The City Council hereby determines that CA No. 22-02 is exempt from the California Environmental Quality Act (CEQA) pursuant to the California Code of Regulations, Title 14, Chapter 3, Sections 15060(c)(2)(the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) because it has no potential for resulting in a physical change to the environment, directly or indirectly. Additionally, the update to allow adult day care centers in commercial zones with a CUP and will be consistent with surrounding cities as well as existing regulations for child day care centers in commercial zones.
SECTION 2
The City Council finds that due notice of the public hearing on September 6, 2022, conducted in the City Council Chambers, 10200 Slater Avenue, Fountain Valley, was given as required by the Fountain Valley Municipal Code, Title 21, and the State of California. Public notice of this hearing and a copy of the Planning Commission agenda were posted at City Hall, Recreation Center and the Fountain Valley Library.
SECTION 3
Pursuant to Fountain Valley Municipal Code section 21.34.050 the City Council does hereby find as follows:
1. The proposed amendment ensures and maintains internal consistency with the actions, goals, objectives and policies of the General Plan, and would not create any inconsistencies with Title 21, in the case of a title amendment. The proposed amendment does not conflict with any of the actions, goals, objectives, or policies of the General Plan and will not create any inconsistencies with the Zoning Code.
2. The proposed amendment would not be detrimental to the public convenience, health, interest, safety or welfare of the city. The proposed amendment as mandated by Senate Bill 234, eliminates discretionary review and regulation of Large Family Daycare Homes by the City; however, the State Department of Social Services will continue to license and regulate such facilities. Additionally, the update to allow adult day care centers in commercial zones with a CUP will be consistent with surrounding cities as well as existing regulations for child day care centers in commercial zones. Therefore, this action will not be detrimental to the public convenience, health, interest, safety, or welfare of the City.
3. The proposed amendment has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA) and the city’s environmental review procedures as addressed in Section 1 above.
4. The proposed amendment is internally consistent with other applicable provisions of Title 21. The amendments to FVMC Section 21.08.030,
21.10.030, 21.30.020, 21.22.040, and 21.90.020 regarding large family daycare facilities and adult day care uses will be internally consistent with other applicable provisions of Title 21.
SECTION 4
Section 21.08.030 (Residential zoning district land uses and permit requirements) is hereby amended to read as follows:
“…
Table 2-2 identifies the uses of land allowed by this title in each residential zoning district, and the land use permit required to establish each use, in compliance with Section 21.06.030 (Allowable land uses and permit requirements) of this title.
Note: where the last column in the tables (“Specific Use Regulations”) includes a section number, the regulations in the referenced section apply to the use; however, provisions in other sections of this title may also apply.
TABLE 2-2
PERMIT REQUIRED BY DISTRICT
P Permitted Use
Allowed Uses and Permit Requirements CUP Conditional Use Permit Required
for Residential Zoning Districts — Use Not Allowed
LAND USE (1) R1 GH R2 R3 R4
Specific Use
Regulations
RECREATION, EDUCATION, PUBLIC ASSEMBLY USES
P Permitted Use
Allowed Uses and Permit Requirements CUP Conditional Use Permit Required
for Residential Zoning Districts — Use Not Allowed
LAND USE (1) R1 GH R2 R3 R4
Specific Use
Regulations
Private residential recreational
facilities
CUP CUP CUP CUP CUP
Assembly uses CUP CUP CUP CUP CUP
Schools - private CUP CUP CUP CUP CUP
RESIDENTIAL USES
Accessory dwelling units P P P P P 21.08.055
Affordable housing P P P P P
Cottage food operations P P P P P 21.42.065
Duplexes — P P P P
Home businesses P P P P P
Mobile home parks — — — CUP CUP
Multi-family dwellings — — CUP CUP CUP
Residential accessory uses and
structures
P P P P P
Residential care home - large CUP CUP CUP CUP CUP
Residential care home - small P P P P P
Single-family dwellings P CUP P — —
Supportive housing P P P P P
Transitional housing P P P P P
SERVICES
Adult day care - large (2) (2) (2) (2) (2) 21.30.020
Adult day care - small P P P P P 21.30.020
Day care - large family day care
homes
P (2) P (2) P (2) P (2) P (2) 21.30.020
Day care - small family day care
homes
P P P P P 21.30.020
Child day care centers CUP CUP CUP CUP CUP 21.30.020
Wireless telecommunications
facilities (3)
Administrative
wireless
facilities
permit (3) (2)
— — — — 21.28
Notes:
(1) See Chapter 21.90 for land use definitions. See Section 21.02.020 regarding uses not listed. (2) Requires approval of a large family day care permit by the planning/building director. (3) (2) Wireless telecommunication facilities are only allowed on church properties in the R1 zone subject to the requirements of Chapter 21.28. Wireless telecommunications facilities may also be permitted by a conditional use when the planning/building director determines that the project’s complexity or the public interest warrants the referral.
“…
SECTION 5
Section 21.10.030, Table 2-6 (Commercial and manufacturing district land uses and permit requirements.) is hereby amended by revising the following columns and rows pertaining to land uses under “RECREATION, EDUCATION AND PUBLIC ASSEMBLY USES”:
“…
P Permitted Use
CUP Conditional Use Permit
required
— Use not allowed
Allowed Uses and Permit
Requirements for Commercial and Manufacturing
Zoning Districts
PERMIT REQUIRED BY DISTRICT
LAND USE (1) CP C1 C2 CM M1
Specific
Use
Regs.
SERVICES
Ambulance services CUP — — CUP CUP
Automated teller machines (ATMs) CUP CUP CUP CUP CUP
Auto repair and maintenance, minor — CUP CUP CUP P
Auto repair and maintenance, major — — CUP CUP P
Banks and financial services P P P CUP —
Business support services — P P P P
Car wash, full service — CUP CUP — —
Car wash, self service — CUP CUP CUP —
Catering services — — — CUP P
Child day care and adult day care centers — CUP CUP CUP — ...“
SECTION 6
Section 21.30.020 (Day care facilities) is hereby amended to read as follows:
“…
This section provides locational and operational standards for the provision of day care facilities, in compliance with state law. These standards apply in addition to the other provisions of this title and requirements imposed by the California Department of Social Services.
The establishment of a day care facility shall be in compliance with Chapters 21.04 through
21.14 of this title, and the following criteria and standards:
(1) Definitions. For the purpose of this section, the following definitions shall apply.
Additional definitions are contained in Chapter 21.32. through 21.50 of this title:
“Adult day care - small facilities” means facilities for six or fewer adults. Adult day care facilities are allowed within a single-family residence located in a residential zoning district, with no city land use permits or clearances required;
“Family daycare home” means a facility that regularly provides care, protection, and supervision for 14 or fewer children, in the provider’s own home, for periods of less than 24 hours per day, while the parents or guardians are away, and is either a large family daycare home or a small family daycare home. A small family daycare home or large family daycare home includes a detached single-family dwelling, a townhouse, a dwelling unit within a dwelling, or a dwelling unit within a covered multifamily dwelling in which the underlying zoning allows for residential uses. A small family daycare home or large family daycare home is where the daycare provider resides, and includes a dwelling or a dwelling unit that is rented, leased, or owned;
“Small family day care homes” means a facility that provides care, protection, and supervision for eight or fewer children, inclusive, including children under 10 years of age who reside in the home day care homes for eight or fewer children. Small family day care homes as are allowed within a single-family residence located in a residential zoning district, with no city land use permits or clearances required;
“Large family day care homes” means a facility that provides care, protection, and supervision for 9 to 14 children, inclusive, including children under 10 years of age who reside at the home day care homes for nine to fourteen children. Large family day care homes are allowed within a single-family residence located in a residential zoning district, with no city land use permits or clearances required; and in compliance with the standards in subsection 3 (Standards for large family day care homes) of this section; and
“Child day care centers” means day care centers for fifteen or more children. Child day care centers are allowed in the zoning districts determined by Chapters 21.04 through 21.14 of this title, subject to conditional use permit approval, in compliance with Chapter 21.36, and the standards in subsection 4 of (Standards for childcare centers) of this section. (2) Permit Processing. Permit processing for small and large family day care homes shall be conducted in compliance with state law (Health and Safety Code Section 1597.455 and 1597.46).
(3) Standards for Large Family Day Care Homes. The following standards shall apply. (A) Permit processing for large family day care homes shall be subject to the following:
(i) A large family day care homes shall require the approval of an administrative large family day care permit by the director. Property owners within one hundred feet of the proposed site shall be provided notice of the application at least ten days before the date of the director’s decision on the entitlement. A public hearing may be requested in writing by the applicant or other affected person(s).
The notice shall state that the director’s determination may be appealed to the commission.
The commission may only grant the appeal and reverse or modify the director’s determination if the commission finds that the director’s determination was contrary to local or state laws governing large family day care homes.
(ii) A large family day care permit shall be issued if the director determines that the proposed large family day care home would comply with the standards in this section.
(iii) The commission may approve a conditional use permit, in compliance with Chapter
21.36 of this title, authorizing operation of a large family day care home which does not comply with and/or cannot be operated in compliance with the standards in this section. (B) The large family day care home shall be the principle residence of the day care provider and the use shall be clearly incidental and secondary to the use of the property as a residence. (C) The facility shall contain a fire extinguisher and smoke detector devices and comply with the standards established by the city fire department.
(D) In order to protect surrounding residential dwellings from noise impacts, a facility within a residential zoning district may only operate up to fourteen hours each day between the hours of 6:00 a.m. and 8:00 p.m. and may only conduct outdoor activities between the hours of 7:00 a.m. and 7:00 p.m.
(E) Each facility shall have the number of parking spaces required for single-family dwellings, in compliance with Chapter 21.22 (Parking and Loading) of this title, one additional space for the drop-off and pick-up of the children utilizing the facility, and one additional parking space for each person working at the facility, other than a person who resides at the home. The driveway may serve to meet the required parking spaces and/or the drop-off area. (F) A residential parcel shall not be bordered on more than one side by a day care facility and a day care facility shall not be operated on a parcel within five hundred feet of the parcel subject to the application.
(4) Standards for Child Day Care Centers. The following standards shall apply, in addition to those standards contained in subsection 3 (Standards for large family day care homes) of this section:
(A) The minimum parcel size for a child day care center shall be ten thousand square feet; (B) The minimum separation between the main assembly building of the center and a residential zoning district shall be thirty feet; and
(C) The facility shall be provided with both indoor and outdoor play areas in compliance with state requirements.
…”
SECTION 7
Section 21.22.040, Table 3-3 (Parking Requirements By Land Use) is hereby amended by revising the following columns and rows pertaining to parking requirements for Recreation, Education, Public Assembly Land Use Types:
“…
Land Use Type:
Recreation, Education, Public Assembly Vehicle Spaces Required Child day-care day care and adult day care
Centers 1 space for each employee and 1 space per vehicle used directly for the business
Large family day-care homes 1 space for each employee, in addition to the required residential spaces.
Indoor recreation/fitness centers
Arcades 1 space for each 250 sq. ft. of gross floor area.
Bowling alleys 1 space for each employee plus 4 spaces for each alley, plus required spaces for ancillary uses.
Health/fitness clubs 1 space for each 250 sq. ft. of gross floor area.
Pool and billiard rooms 2 spaces for each table, plus required space for ancillary uses.
Skating rinks 1 space for each 400 sq. ft. of gross floor area for public use, plus required spaces for ancillary uses.
Libraries, museums, art galleries 1 space for each 300 sq. ft. of gross floor area, plus 1 space for each official vehicle.
Land Use Type:
Recreation, Education, Public Assembly
(cont’d) Vehicle Spaces Required
Outdoor commercial recreation Determined by conditional use permit.
Religious institutions, cinemas, performance
theaters, meeting halls, and membership
organizations
1 space for each 3 fixed seats, or 1 space for every 50 sq. ft. of gross assembly or viewing area, plus ancillary uses (e.g., restaurant).
Schools (private)
Elementary/junior high 1.5 spaces for each classroom, plus 1 space for every 75 sq. ft. of assembly area in an auditorium, plus 1 bus loading space for each 100 students or portion thereof.
High school 5 spaces for each classroom, plus 1 space for each 75 sq. ft. in assembly rooms and auditoriums, plus 1 bus
loading space for each 100 students or portion thereof.
Trade and business schools 1 space for each student.
Studios for dance and art 1 space for each 200 sq. ft. of gross floor area.
Tennis/racquetball/handball or other courts 2 spaces for each court, plus 1 space for each 300 sq. ft. of floor area for ancillary uses.
…”
SECTION 8
Section 21.90.020(4) (Definitions “D”) is hereby amended to read as follows:
“…
(4) Definitions “D.”
“Day care facilities” means facilities that provide nonmedical care and supervision of minor children for periods of less than twenty-four hours. These facilities include the following, all of which are required to be licensed by the California State Department of Social Services.
(A) “Adult day care facility - small” means a facility located in a single-family residence where an occupant of the residence provides care and supervision for six or fewer adults. (B) “Adult day care center” means a facility, place, or building that is maintained and operated to provide non-medical day treatment, adult day care, including, but not limited to, the physically handicapped, mentally impaired, incompetent persons, and includes the following (greater than six persons; 18 years old and over) for less than 24 hours per day:
1) Adult Day Program
2) Therapeutic Day Services Facility
3) Social Rehabilitation Facility
4) Community Treatment Facility
5) Transitional Shelter Care Facility
6) Transitional Housing Placemat Facility
(C) (B) “Child day care center” means commercial or non-profit child day care facilities designed and approved to accommodate fifteen or more children. Includes infant centers, preschools, sick-child centers and school-age day care facilities. These may be operated in conjunction with a school or church facility, or as an independent land use. (D) “Family daycare home” means a facility that regularly provides care, protection, and supervision for 14 or fewer children, in the provider’s own home, for periods of less than 24 hours per day, while the parents or guardians are away, and is either a large family daycare home or a small family daycare home. A small family daycare home or large family daycare home includes a detached single-family dwelling, a townhouse, a dwelling unit within a dwelling, or a dwelling unit within a covered multifamily dwelling in which the underlying zoning allows for residential uses. A small family daycare home or large family daycare home is where the daycare provider resides, and includes a dwelling or a dwelling unit that is rented, leased, or owned;
(C)(E) “Large family day care home” means a day care facility located in a detached singlefamily dwelling, a townhouse, a dwelling unit within a dwelling, or a dwelling unit within a covered multifamily dwelling in which the underlying zone allows for residential uses singlefamily residence where an occupant of the residence provides care and supervision for seven nine to fourteen children. Children under the age of ten years who reside in the home count as children served by the day care facility.
(D)(F) “Small family day care home” means a day care facility located in a detached singlefamily dwelling, a townhouse, a dwelling unit within a dwelling, or a dwelling unit within a covered multifamily dwelling in which the underlying zone allows for residential uses singlefamily residence where an occupant of the residence provides care and supervision for eight or fewer children. Children under the age of ten years who reside in the home count as children served by the day care facility.
“Deck” means a platform, either freestanding or attached to a structure that is supported by pillars, posts, or the first floor of the structure. A deck may, or may not, contain a roofed covering.
“Density” means the number of housing units per net acre, unless otherwise stated, for residential uses.
“Density bonus” means a density increase over the otherwise maximum allowable residential density.
“Department” means the Fountain Valley planning department, referred to in this title as “department.”
“Detached” means any structure that does not have a wall or roof in common with another structure.
“Development” means any construction activity or alteration of the landscape, its terrain contour or vegetation, including the erection or alteration of structures. New development is any construction, or alteration of an existing structure or land use, or establishment of a land use, after the effective date of this title.
“Development agreement” means a contract between the city and an applicant for a development project, in compliance with Chapter 21.38 (Development Agreements) of this title and Government Code Section 65864 et seq. A development agreement is intended to provide assurance to the applicant that an approved project may proceed subject to the policies, rules, regulations and conditions of approval applicable to the project at the time of approval, regardless of any changes to city policies, rules and regulations after project approval. In return, the city may be assured that the applicant will provide infrastructure and/or pay fees required by a new project.
“Development code” means the Fountain Valley development code, Title 21 of this code, referred to herein as “this title.”
“Director” means the city of Fountain Valley planning director, or designee of the director. “Drive-in and drive-thru facilities” means facilities where food or other products may be purchased by motorists without leaving their vehicles. These facilities include fast-food restaurants, drive-through coffee, dairy products, photo stores, etc. “Duplex” means a residential structure under single ownership containing two dwellings. “Dwelling, dwelling unit or housing unit” means a room or group of internally connected rooms that have sleeping, cooking, eating and sanitation facilities, but not more than one kitchen, which constitute an independent housekeeping unit, occupied by or intended for one household on a long-term basis.
…”
SECTION 9
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.
SECTION 10
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 APPROVED AND ADOPTED THIS 20TH DAY OF SEPTEMBER, 2022.
ATTEST:
City Clerk Mayor
APPROVED AS TO FORM
HARPER & BURNS LLP
___________________________
Attorneys for the City
CITY OF FOUNTAIN VALLEY
CITY COUNCIL
COUNCIL ACTION REQUEST
To: Honorable Mayor and Agenda Date: September 6, 2022
Members of the City Council
SUBJECT: Public Hearing and Introduction: Code Amendment No. 22-02 – An Amendment To The Fountain Valley Municipal Code (FVMC) Sections
21.08.030, 21.10.030, 21.30.020, 21.22.040, and 21.90.020 As Required To Address Recent Changes In State Law Concerning The Regulation Of Large Family Daycare Homes And To Update Regulations For Adult Day Care Centers
EXECUTIVE SUMMARY
Senate Bill (SB) 234 removes the distinction between small family daycare homes and large family daycare homes. Prior to the enactment of SB 234, state law differentiated between small family daycare homes providing care for up to 8 children and large family daycare homes providing care for up to 14 children. Small family daycare homes were considered a residential use of property permitted by right in residential zoning districts while large family daycare homes could be regulated by cities through permit requirements and use restrictions. With the enactment of SB 234, cities are now required to treat large family daycare homes as a residential use of property permitted by right in all residential zoning districts.
The proposed ordinance amends several sections of the FVMC to comply with the mandates of SB 234. Additionally, the proposed ordinance also corrects an error in regulations for large adult daycare. The existing FVMC allows for large adult daycare uses subject to the regulations for large family daycare facilities for the care of children.
The proposed ordinance will amend the Zoning Code to remove large adult daycare from residential zones and allow large adult daycare centers in commercial zones with a Conditional Use Permit consistent with several cities in Orange County and the National Adult Day Services Association (NADSA).
At the Planning Commission meeting of August 10, 2022, the Planning Commission voted 5-0 recommending the City Council approve Code Amendment No. 22-02. Staff recommends the City Council conduct a public hearing and introduce the attached Ordinance (Attachment #1) approving Code Amendment No. 22-02 to amend FVMC Sections 21.08.030, 21.10.030, 21.30.020, 21.22.040, and 21.90.020 as required to address recent changes in state law concerning the regulation of large family daycare homes and to update regulations for adult day care centers.
PROPOSAL
Council Action Request
Code Amendment 22-02
City Council Meeting September 6, 2022
An amendment to FVMC sections 21.08.030, 21.10.030, 21.30.020, 21.22.040, and
21.90.020 as required to address recent changes in state law concerning the regulation of large family daycare homes and to update regulations for adult day care centers.
DISCUSSION
On September 5, 2019, Governor Newsom approved Senate Bill 234 – Family Daycare Homes, amending the California Child Day Care Act (“SB 234”), which became effective January 1, 2020. Prior to the enactment of SB 234, state law differentiated between small family daycare homes providing care for up to 8 children and large family daycare homes providing care for up to 14 children. Small family daycare homes were considered a residential use of property permitted by right in residential zoning districts. By contrast, cities retained the ability to regulate large family daycare homes by imposing permit requirements and use restrictions. SB 234 removes the distinction between small family daycare homes and large family daycare homes for purposes of land use regulation.
Cities are now required to treat large family daycare homes as a residential use of property permitted by right in all residential zoning districts. Further, SB 234 clarifies that such uses are not only permitted in detached single-family residences, but may also be established in a townhouse, multifamily dwelling, or an accessory dwelling unit.
Staff received notice of this change in state law through a legislative update in 2021.
Recently staff received inquiries about large family daycare homes and, although state law now takes precedence over local regulations when it comes to the use, to help clarify any confusion between state and local law staff decided to present this amendment for Planning Commission and City Council consideration.
The proposed ordinance amends several sections of the FVMC to comply with the mandates of SB 234. The allowable residential land use table, found in FVMC 21.08.030, has been amended to show that both small and large family daycare home uses are permitted in the City’s residential zones. Prior regulations specific to Large Family Daycare Homes, found in FVMC 21.30.020, which addressed requirements for an administrative large family daycare permit, hours of operation, drop-off, pick-up, and employee parking, and location requirements in relation to another day care facility have been eliminated. Prior requirements for additional parking for Large Family Daycare uses, found in FVMC 21.22.040, have been deleted. Additionally, the definitions for Family Daycare Home, Large and Small, found in FVMC 21.90.020, have been updated.
Lastly, the existing code contained an error in regulations for large adult daycare centers.
Adult daycare centers are those that provide daycare for adults while their family caregivers go to work and attend to personal needs. The existing code allows for small adult day care facilities (6 or fewer adults) by right in all residential zones, but for large adult daycare facilities in residential zones the Code references regulations for large family daycare facilities for the care of children. As the needs and impacts of adult day care and child day care are vastly different in residential zones, Staff proposes to remove the reference to large adult day care in the residential zones and allow adult day care centers with a Conditional Use Permit in the commercial zones where they are normally located. Staff researched several cities in Orange County (Table 1: Large Adult Day Care Facility Survey) and found that a majority of cities don’t allow large adult day care uses in residential zones. Additionally, the National Adult Day Services Association (NADSA)
Council Action Request
Code Amendment 22-02
City Council Meeting September 6, 2022
provides an adult daycare center locater tool on their website that shows there are 6 in southern California – San Diego, Garden Grove, Los Angeles, Thousand Oaks, Camarillo, and Oxnard. Each one of these centers are located in non-residential areas.
As a part of this amendment, staff proposes to prohibit large adult daycare in residential zones and allow adult day care centers in commercial zones with a CUP to both clarify the mistake in the code and to be consistent with surrounding cities regulations.
Table 1: Large Adult Day Care Facility Survey
City Entitlement
Required
in
Residential
Zone
Code Language
Buena Park CUP Must be incidental to use on the site, provide sufficient parking, limited hours of operation
Garden Grove N/A Not permitted. Permitted in Commercial zones with a CUP.
Westminster N/A Not permitted
Costa Mesa N/A Not permitted
Huntington Beach N/A Not permitted
Cypress N/A Not permitted
Dana Point CUP N/A
La Habra N/A Not permitted
Laguna Beach N/A Not permitted
Lake Forest N/A Not permitted
Orange N/A Not permitted
Placentia N/A Not permitted
San Juan
Capistrano
N/A Not permitted
Seal Beach N/A Not permitted
Stanton MUP Minor Use Permit. Standards similar to Fountain Valley large family daycare homes.
Yorba Linda CUP Standards similar to Fountain Valley large family daycare homes.
Planning Commission
The Planning Commission considered the information provided in the staff report, as well as the information presented at the Planning Commission meeting of August 10, 2022, and by a vote of 5-0, recommend that the City Council approve Code Amendment No. 22-02.
General Plan Consistency
As outlined in the attached Ordinance, CA 22-02 ensures and maintains internal consistency with the actions, goals, objectives, and policies of the General Plan, and would not create any inconsistencies with the Zoning Code. CA 22-02, as mandated by Senate Bill 234, eliminates discretionary review and regulation of Large Family Daycare
Council Action Request
Code Amendment 22-02
City Council Meeting September 6, 2022
Homes by the City; however, the State Department of Social Services will continue to license and regulate such facilities. Therefore, this action will not be detrimental to the public convenience, health, interest, safety, or welfare of the City. Additionally, the change in adult day care centers will be consistent with surrounding cities as well as existing regulations for child day care centers in commercial zones.
ENVIRONMENTAL REVIEW
This request is exempt from environmental review under the California Environmental Quality Act (CEQA) pursuant to the California Code of Regulations, Title 14, Chapter 3, Sections 15060(c)(2)(the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) because it has no potential for resulting in a physical change to the environment, directly or indirectly. Additionally, the change in adult day care centers will be consistent with surrounding cities as well as existing regulations for child day care centers in commercial zones (Attachment #2).
FINANCIAL ANALYSIS
There is no financial impact associated with approving the proposed code amendment.
ATTORNEY REVIEW
The Attorney for the City has reviewed the attached Ordinance.
PUBLIC NOTIFICATION
The item was published in the Fountain Valley View and public notices were posted at City Hall, Recreation Center, and Fountain Valley Library.
ALTERNATIVES
1. Introduce the attached Ordinance approving a Notice of Exemption in accordance with the California Environmental Quality Act (CEQA) and approving Code Amendment No. 22-02 which is an amendment to FVMC sections 21.08.030,
21.10.030, 21.30.020, 21.22.040, and 21.90.020 as required to address recent changes in state law concerning the regulation of large family daycare homes and to update regulations for adult day care centers.
2. Do not introduce the attached Ordinance approving a Notice of Exemption in accordance with the California Environmental Quality Act (CEQA) and approving Code Amendment No. 22-02 which is an amendment to FVMC sections
21.08.030, 21.10.030, 21.30.020, 21.22.040, and 21.90.020 as required to address recent changes in state law concerning the regulation of large family daycare homes and to update regulations for adult day care centers.
3. Continue the request for additional information.
Council Action Request
Code Amendment 22-02
City Council Meeting September 6, 2022
RECOMMENDED ACTION
Staff recommends that the City Council select Alternative No. 1 – Introduce the attached Ordinance approving a Notice of Exemption in accordance with the California Environmental Quality Act (CEQA) and approving Code Amendment No. 22-02 which is an amendment to FVMC sections 21.08.030, 21.10.030, 21.30.020, 21.22.040, and
21.90.020 as required to address recent changes in state law concerning the regulation of large family daycare homes and to update regulations for adult day care centers.
Prepared By: Steven Ayers, Principal Planner
Approved By: Omar Dadabhoy, Community Development Director Approved By: Maggie Le, City Manager
Attachments: 1. Ordinance for Code Amendment No. 22-02
2. Notice of Exemption
CITY OF FOUNTAIN VALLEY
Planning Department
10200 Slater Avenue, Fountain Valley, CA 92708
714-593-4425 – fountainvalley.org
Notice of Exemption_________________________________________________ TO: Office of Planning and Research FROM: City of Fountain Valley P.O. Box 3044, Room 113 10200 Slater Avenue
Sacramento, CA 95812-3044 Fountain Valley, CA 92708
County Clerk
County of Orange
12 Civic Center Plaza
Santa Ana, CA 92701
Project Title: _________________________________________________________________________ Project Location/Address: ______________________________________________________________ Project Activity/Description: _____________________________________________________________ ___________________________________________________________________________________ ___________________________________________________________________________________ ___________________________________________________________________________________ Public Agency Approving Project: City of Fountain Valley, Orange County, California Project Applicant: _____________________________________________________________________ Project Applicant’s Address: ___________________________________Phone Number: ____________ _____________________________________________________________________________ Exempt Status: (check one):
Ministerial (Sec. 21080 (b)(1); 15268);
Declared Emergency (Sec. 21080 (b((3); 15269 (a));
Emergency Project (Sec. 21080 (b)(4); 15269 (b) (c));
Categorical Exemption. State type and section number: _________________________________ Statutory Exemptions. State code number: ___________________________________________ Reasons why project is exempt: __________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ Lead Agency Contact Person: ___________________________ Contact Phone: _____________________________ If filed by applicant:
1. Attach certified document of exemption finding.
2. Has a Notice of Exemption been filed by the public agency approving the project?: Yes No Signature: ________________________________ Date: _____________ Title: ___________________ Signed by Lead Agency Signed by Applicant
CITY OF FOUNTAIN VALLEY
CITY COUNCIL
COUNCIL ACTION REQUEST
To: Honorable Mayor and Agenda Date: September 20, 2022 Members of the City Council
SUBJECT: Approve Amendment No. 4 to CON-16-52 with Cintas Corporation No. 2 for Uniform Rental, Laundry Services and Facility Services Products to Extend the Contract Term One Year
Three-Year Strategic Goals
☐ Enhance the culture and environment of “A Nice Place to Live” ☐ Attract and retain revenue producing businesses
☐ Achieve fiscal stability in accordance with the 20-Year Financial Plan ☒ Attract and retain quality staff
☐ Not applicable
EXECUTIVE SUMMARY:
On September 13, 2016, the City awarded a 3-year contract (CON-16-52) to Cintas Corporation No. 2 (Cintas Corporation) to provide uniform rental, laundry services and facility services products for the Field Services Division. Per the terms of the contract, the City has the option to extend the contract up to four (4) times, at one (1) year each. Amendment Nos. 1, 2 and 3 to CON-16-52 each extended the contract for a one-year period per the terms of the contract. The contract expires on October 16, 2022.
Based on the service and competitive pricing provided, staff is recommending that City Council approve Amendment No. 4 to CON-16-52 with Cintas Corporation No. 2 for Uniform Rental, Laundry Services and Facility Services Products to extend the contract term one (1) year.
DISCUSSION:
Public Works Field Services staff are required to wear uniforms while at work. Per the terms of the current Memorandum of Understanding between the City and the Field Services Unit, the City shall provide uniforms and laundry service for all Field Services employees at the City’s expense. Each Field Services employee required to wear a uniform is issued nine (9) pairs of pants and nine (9) shirts that are maintained by the City.
On September 13, 2016, City Council waived the bidding requirements pursuant to FVMC
2.36.070 Par 4 and awarded a 3-year contract (CON-16-52) to Cintas Corporation No. 2
Amendment No. 4 to CON-16-52 Uniforms
September 20, 2022
(Cintas Corporation) to provide uniform rental, laundry services and facility services products for the Field Services Division.
Per the terms of the contract, the City has the option to extend the contract up to four (4) times, at one (1) year each. Amendment Nos. 1, 2, and 3 to CON-16-52 each extended the contract for a one-year period. The contract is currently set to expire on October 16, 2022.
Over the past 6 years, Cintas Corporation has picked up, laundered and delivered uniforms and facility services products, such as shop towels, fender covers and floor mats, for the Field Services Division on a weekly basis. Staff has been satisfied with the service provided and the competitive pricing provided through Cintas Corporation’s cooperative contract with U.S.
Communities, which is now OMNIA Partners, Public Sector.
Based on the quality of service provided and their competitive pricing, staff believes that it is in the best interest of the City to extend the contract with Cintas Corporation for a fourth oneyear period through October 16, 2023.
The contract sum shall remain the same and not exceed $15,000 per year.
The extension of the contract with Cintas Corporation supports the City’s strategic goal of attracting and retaining quality staff by continuing to provide Field Services staff with satisfactory uniforms and laundry services, which is considered an employment benefit.
Section 2.36.070 Par 4 of the Fountain Valley Municipal Code authorizes the procurement of goods and services without formal bidding under the following circumstance: “When participating in cooperative contracts with another government agency.” The original contract was piggybacked off an existing U.S. Communities Participating Agencies Master Agreement held by Lead Public Agency Harford County Public Schools. Since that time, the original master agreement expired and U.S. Communities became part of OMNIA Partners, Public Sector. Our current pricing is based on the contract available through OMNIA Partners, Public Sector, Contract Number R-BB-19002 between Cintas Corporation No. 2 (or any of its subsidiaries and affiliates) and Prince William County Public Schools.
FISCAL REVIEW:
Uniform costs vary from year to year due to staff turnover and the amount of uniform damage caused in the line of work. Staff has analyzed the Field Services uniform expenses for the past 6 years and believes that the current contract sum, which is not to exceed $15,000 a year, is sufficient. Therefore, the contract amount shall remain the same.
FY
2016/17
FY
2017/18
FY
2018/19
FY
2019/20
FY
2020/21
FY
2021/22
Uniform
Costs
$11,719 $11,662 $11,170 $12,116 $12,369 $12,099
The current adopted budget includes sufficient funding for Amendment No. 4 to CON-16-52.
The uniforms, laundry services and facility services products will be expensed to their respective programs (divisions) as shown below.
Amendment No. 4 to CON-16-52 Uniforms
September 20, 2022
Program Object Account Number FY
2022/23
Budget
General Fund – Public Works
Rights-of-Way Laundry Services/Supplies 100.50.50550.53526 $ 250 Tree Maintenance Laundry Services/Supplies 100.50.50551.53526 $ 250 Park Maintenance Laundry Services/Supplies 100.50.50552.53526 $ 400 Concrete Maintenance Laundry Services/Supplies 100.50.50553.53526 $ 800 Pavement Maintenance Laundry Services/Supplies 100.50.50554.53526 $1,500 Storm Drain Maintenance Laundry Services/Supplies 100.50.50555.53526 $ 600 Traffic Control
Maintenance
Laundry Services/Supplies 100.50.50556.53526 $ 700
Recreation Center Laundry Services/Supplies 100.50.50558.53526 $ 455 Government Buildings Fund – Administration
City Hall Laundry Services/Supplies 111.10.10000.53526 $1,400 Fleet Management Fund – Public Works
Fleet Management Laundry Services/Supplies 112.50.50001.53526 $3,800 Water Utility Fund – Public Works
Water Production
Operations
Laundry Services/Supplies 500.50.50570.53526 $1,500
Distribution System Laundry Services/Supplies 500.50.50571.53526 $2,000 Customer Service Laundry Services/Supplies 500.50.50573.53526 $ 400 Sewer Assessment Fund – Public Works
Sewer Maintenance Laundry Services/Supplies 501.50.50580.53526 $ 700 The FY 2022/23 budget provides a total of $14,755 for Field Services uniforms, laundry services and related expenses. This amount is sufficient for FY 2022/23.
PUBLIC NOTIFICATION:
Not applicable.
ENVIRONMENTAL IMPACT REVIEW:
Not applicable.
ATTORNEY REVIEW:
The Attorney(s) for the City has reviewed and approved Amendment No. 4 to CON-16-52.
ALTERNATIVES:
Alternative No. 1: Approve Amendment No. 4 to CON-16-52 with Cintas Corporation No. 2 for Uniform Rental, Laundry Services and Facility Services Products to extend the contract term one year. This is the recommended action.
Alternative No. 2: Do not approve Amendment No. 4 to CON-16-52 with Cintas Corporation No. 2, and direct staff to solicit bids for Uniform Rental, Laundry Services
Amendment No. 4 to CON-16-52 Uniforms
September 20, 2022
and Facility Services Products. This is not recommended because Cintas Corporation’s pricing is based on an existing cooperative contract that offers competitive pricing and their service has been satisfactory.
Soliciting bids may result in higher costs and unsatisfactory service.
RECOMMENDATION:
Staff is requesting City Council approval of Alternative No. 1 to approve Amendment No. 4 to CON-16-52 with Cintas Corporation No. 2 for Uniform Rental, Laundry Services and Facility Services Products to extend the contract term one (1) year.
Prepared by: Christine Smith, Management Analyst
Reviewed by: Mark Sprague, Field Services Manager
Approved by: Hye Jin Lee, Director of Public Works
Fiscal review by: Sherry Johnson, Interim Finance Director Approved by: Maggie Le, City Manager
Attachment:
1. Amendment No. 4 to CON-16-52
AMENDMENT NO. 4
CON-16-52
UNIFORM RENTAL, LAUNDRY SERVICES & FACILITY SERVICES PRODUCTS THIS FOURTH AMENDMENT to AGREEMENT is made and entered this 20th day of September, 2022, by and between the City of Fountain Valley (hereinafter “CITY”) a municipal corporation, and Cintas Corporation No. 2 (hereinafter “CONSULTANT”) a corporation.
Recital
WHEREAS, CITY and CONSULTANT have previously entered into an Agreement CON16-52 which commenced on October 17, 2016, for Uniform Rental, Laundry Services & Facility Services Products (hereinafter “AGREEMENT”) by which the CONSULTANT shall provide services as outlined in the AGREEMENT; and
WHEREAS, the original term of the AGREEMENT expired October 16, 2019; and WHEREAS, the AGREEMENT provides CITY the option to extend the AGREEMENT for up to four additional one-year periods; and
WHEREAS, CITY and CONSULTANT have previously entered into AMENDMENT NO. 1 dated October 1, 2019, to extend the AGREEMENT for the first one-year period through October 16, 2020; and
WHEREAS, CITY and CONSULTANT have previously entered into AMENDMENT NO. 2 dated September 15, 2020, to extend the AGREEMENT for the second one-year period through October 16, 2021; and
WHEREAS, CITY and CONSULTANT have previously entered into AMENDMENT NO. 3 dated September 21, 2021, to extend the AGREEMENT for the third one-year period through October 16, 2022; and
WHEREAS, CITY has been satisfied with the performance of CONSULTANT and wishes to exercise the option to extend the AGREEMENT for a fourth one-year period through October 16, 2023; and
WHEREAS, pricing shall continue to be based on CONSULTANT’S existing cooperative contract through OMNIA Partners, Public Sector; and
WHEREAS, the contract sum shall remain the same and not exceed FIFTEEN THOUSAND AND 00/100 ($15,000,00) per year.
NOW, THEREFORE, the parties hereto AGREE as follows:
1. The AGREEMENT shall be extended for a one-year period, ending on October 16, 2023.
2. The pricing shall continue to be based on CONSULTANT’S existing cooperative contract through OMNIA Partners, Public Sector.
3. The contract sum will remain the same and not exceed FIFTEEN THOUSAND AND 00/100 DOLLARS ($15,000.00) per year.
4. Except as expressly amended herein, all other terms and conditions of the AGREEMENT shall remain in full force and effect.
In witness whereof, the parties hereto have entered into this Fourth Amendment to the AGREEMENT on the date and year first above written.
ATTEST: CITY OF FOUNTAIN VALLEY
___________________________ ___________________________ Rick Miller, City Clerk Patrick Harper, Mayor
APPROVED AS TO FORM: CONSULTANT:
HARPER & BURNS LLP
___________________________ ___________________________ Attorneys for the City Owner
APPROVED AS TO CONTENT:
___________________________
Hye Jin Lee, M.S., P.E., Director of Public Works
CITY OF FOUNTAIN VALLEY
CITY COUNCIL
COUNCIL ACTION REQUEST
To: Honorable Mayor and Agenda Date: September 20, 2022 Members of the City Council
SUBJECT: Orange County Grand Jury’s Investigative Report, Findings, and Recommendations Regarding “How is Orange County Addressing Homelessness?”
Three-Year Strategic Goals
☐ Enhance the culture and environment of “A Nice Place to Live” ☐ Attract and retain revenue producing businesses
☐ Achieve fiscal stability in accordance with the 20-Year Financial Plan ☐ Attract and retain quality staff
☒ Not applicable
EXECUTIVE SUMMARY:
The Orange County Grand Jury issued a report on June 17, 2022, titled “How is Orange County Addressing Homelessness?”. The report addressed the continuing issue of homelessness within Orange County with a concern over the elaborate efforts to address homelessness being less evident. The report shows that the efforts of Orange County Continuum of Care and Orange County Office of Care Coordination have amounted to some great achievements; however, the report finds that South Orange County is lacking in the following areas: an emergency shelter; homeless individuals suffering from mental illness and substance abuse need court-ordered treatment; Orange County does not have enough housing affordable to individuals exiting homeless shelters; and youth aging out of foster care do not have enough safe housing, resulting in many falling into homelessness. The Draft letter responds to two (2) findings and three (3) recommendations related to the City of Fountain Valley.
DISCUSSION:
On June 17, 2022, the Orange County Grand Jury (OCGJ) issued an investigative report with findings and recommendations to address Orange County’s homelessness. There are numerous causes of homelessness. These causes range from poverty, unemployment, lack of affordable housing, and individual issues of mental and/or substance use disorders. Other risk factors include medical problems, physical disability, domestic violence, and youth aging out of the child-care system.
The Orange County Grand Jury (OCGJ) studied the Continuum of Care Board (CoC) and the Orange County Office of Care Coordination (OCC), which administers contracts, monitors budgets and evaluates the result of the funded programs. The collaborative efforts led by the CoC and OCC have resulted in progress in the fight against homelessness, including a system of care across multiple levels of government programs and community providers. Based on the OCGJ, the reality of homelessness is that despite these programs the system has shortcomings and bottlenecks.
Exhibit 1 is the complete OCGJ’s report and outlines the OCGJ findings, recommendations.
As a result of the investigation, OCGJ issued six (6) findings and six (6) recommendations.
The OCGJ is requesting that the City of Fountain Valley respond to two (2) findings and three (3) recommendations. Exhibit 2 is the City’s response. Upon authorization by the City Council, the responses in Exhibit 2 will be submitted to the Presiding Judge of the Superior Court.
FISCAL REVIEW:
There is no fiscal impact related to this item.
PUBLIC NOTIFICATION:
Not applicable.
ENVIRONMENTAL IMPACT REVIEW:
Not applicable.
ATTORNEY REVIEW:
The Attorney for the City has reviewed this report.
ALTERNATIVES:
Alternative No. 1: Approve the draft letter.
Alternative No. 2: Do not approve the draft letter and provide Staff further guidance.
RECOMMENDATION:
Receive and file the Orange County Grand Jury’s investigative report, findings, and recommendations regarding Orange County Homelessness and authorize the Mayor to deliver the City’s response to the findings and recommendations to the Presiding Judge of the Superior Court.
Prepared by: Rick Miller, City Clerk / Administrator
Approved by: Maggie Le, City Manager
How is Orange County Addressing Homelessness?
GRAND JURY 2021-2022
How is Orange County Addressing Homelessness?
2021-2022 Orange County Grand Jury Page ii
Table of Contents
SUMMARY ................................................................................................................................... 1 BACKGROUND ........................................................................................................................... 1 REASON FOR THE STUDY ...................................................................................................... 4 METHOD OF STUDY ................................................................................................................. 5 INVESTIGATION AND ANALYSIS......................................................................................... 5 Orange County Continuum of Care Collaboration................................................................. 5 Prioritizing Homeless Funding ............................................................................................... 6 Continuum of Care Funding Oversight................................................................................... 7 Major Funding Sources Overseen by the CoC........................................................................ 8 CoC Process to Address Homelessness................................................................................... 8 OC System of Care Resources............................................................................................... 12 FINDINGS................................................................................................................................... 13 RECOMMENDATIONS............................................................................................................ 14 COMMENDATIONS ................................................................................................................. 14 RESPONSES ............................................................................................................................... 15 REFERENCES............................................................................................................................ 20 GLOSSARY................................................................................................................................. 21
How is Orange County Addressing Homelessness?
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SUMMARY
Orange County’s homeless population continues to be of great concern to residents. Seeing homeless individuals on the streets raises awareness of this persistent problem, but the elaborate efforts to address homelessness are less evident. Orange County’s response to homelessness is a collaboration led by the independent Orange County Continuum of Care Board (CoC), which oversees the distribution of federal and state homeless funding. The CoC is supported by the Orange County Office of Care Coordination (OCC) which administers contracts, monitors budgets, and evaluates the results of the funded programs.
The Orange County Grand Jury (OCGJ) studied the CoC to understand how the County is working to address homelessness. The collaborative efforts led by the CoC and OCC have resulted in progress in the fight against homelessness, including a system of care across multiple levels of government programs and community providers. It further established a coordinated entry system, a cooperative homeless information system, and consolidated applications for federal and state funds. Together, the members were responsible for a quick and effective response to the coronavirus disease (COVID) pandemic on the homeless, an increase in the number of shelter beds, a decrease in homeless encampments, more outreach and treatment alternatives, and new housing vouchers being available for permanent housing.
This collaborative system of care developed by the CoC and OCC amounts to a great achievement. The graphs in this OCGJ report show the increased outreach, prevention efforts, shelter beds provided, and permanent housing made available that the CoC and OCC achieved.
They also show the additional system of care resources provided by the County of Orange to prevent people from falling into homelessness. Unfortunately, from 2018 to 2021, exits from the CoC homeless system to permanent housing have hovered between 24 percent and 32 percent. 1 Orange County is addressing homelessness with elaborate systems even beyond the efforts of the CoC and OCC, but the reality of homelessness is that despite these programs our system has shortcomings and bottlenecks. This OCGJ found that: South Orange County needs an emergency shelter; homeless individuals suffering from mental illness and substance abuse need courtordered treatment; Orange County does not have enough housing affordable to individuals exiting homeless shelters; and youth aging out of foster care do not have enough safe housing, resulting in many falling into homelessness.
BACKGROUND
There are numerous causes of homelessness. These causes range from poverty, unemployment, lack of affordable housing, and individual issues of mental and/or substance use disorders. Other risk factors include medical problems, physical disability, domestic violence, and youth aging out of the child-care system.2
The continuum of care concept was created by HUD in 1994 to promote communitywide commitment to the goal of ending homelessness. HUD provided funding to quickly rehouse 1 211 OC, Longitudinal Systems Analysis, FY 2018 through 2021, from HMIS data. 2 US Department of Health and Human Services, Substance Abuse and Mental Health Services Administration.
How is Orange County Addressing Homelessness?
2021-2022 Orange County Grand Jury Page 2
individuals and families, promote participation in programs for the homeless, and optimize selfsufficiency among those experiencing homelessness.3 HUD recommended the collaborative development of plans to end homelessness in all communities receiving HUD funding. In response, Orange County created the Commission to End Homelessness that published a Ten-Year Plan to End Homelessness in 2012. 4 Over the
ensuing decade, implementation of this model Ten-Year Plan was beyond the power of the Commission and major parts of the plan were not achieved.
Meanwhile, in 2009, HUD outlined the process of building a collaborative CoC comprised of organizations and individuals dedicated to ending homelessness. The CoC was created in 2016 along with the OCC. HUD, the major funder of homeless programs, gave the CoC responsibility for prioritizing the distribution of competitive federal homeless assistance program monies. The strategy of the CoC is to prioritize funding of programs that focus on four pillars: Prevention, Outreach, Shelter, and Housing.
Mixed Success in Addressing Homelessness
In Orange County, various approaches to manage homelessness have been tried with varying levels of success.
• Moving the Homeless: When businesses and residents complained about homeless individuals, police were expected to relocate them. Pushing homeless individuals out of town sometimes resulted in simply shifting the problem to neighboring communities. • Ordinances by Cities: Ordinances that criminalized camping on public property or loitering contributed to the incarceration of homeless individuals, including many suffering from mental illness and substance abuse issues. Orange County Sheriff Don Barnes commented, “By default, the Orange County Jail had become the de facto mental hospital of Orange County…. [in] 2018, Orange County jails had about 2,200 inmates with severe mental illnesses.”5
• Housing and Treatment: Recent approaches that emphasized housing only or treatment only fell short in substantially reducing homelessness. • Local Opposition Prevented Shelter and Housing: In Orange County, early efforts to provide low-threshold emergency shelters6to get individuals off the streets were met with local opposition in most communities, as were developments of housing affordable to individuals exiting shelters. The development of a Coordinated Entry System (CES)7helped reduce the neighborhood impact of shelters.
3 HUD Office of Community Planning and Development, Continuum of Care 101, June 6, 2009. 4 Orange County Ten Year Plan to End Homelessness, 2012. 5 Nick Gerda, “OC Mental Health Jail Expansion Draws Pushback and Debate”, Voice of OC, October 23, 2019. 6 A Low-Threshold Emergency Shelter offers an alternative to living on the streets. Individuals in these shelters must comply with the shelter rules but are not required to be drug and alcohol free. 7 Coordinated Entry System (CES) is a shared database between service providers that shuttles homeless individuals in and out of shelters eliminating walk-in and walk-out shelter access that caused community opposition. The CES is also a point of referral into permanent housing.
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• Prevention Investments: Additional assistance for rent or utilities, as well as Section 8 housing vouchers, resulted in increased financial stability of individuals at danger of becoming homeless.
• Outreach Expanded: More homeless individuals were reached through trust-building and outreach efforts resulting in increased numbers being sheltered. • Increased Shelter: Emergency shelter beds available to the homeless increased providing immediate help to more of the unhoused.
• Permanent Housing Added: Some permanent housing opportunities increased through new HUD vouchers, as well as County of Orange Permanent Supportive Housing developments.
Point in Time Count
The HUD-mandated Point in Time Count (PIT)8is a national effort to create a census of homeless individuals every two years. While this one-day initiative to contact and count the homeless is assumed to result in a significant undercount, it is a consistent approach which shows comparable data collected over time. The most recent PIT was conducted in 2022 and reported a decrease of 1,142 homeless individuals counted in Orange County.
North and Central SPA cities sheltered 49% of their homeless while South SPA cities sheltered on 28% of their homeless according to the 2022 PIT.9
8 Point in Time Count, Orange County Office of Care Coordination, May 2022 9 Ibid.
2208 2899 2661
2584
3961
3057
0 1000
2000
3000
4000
5000
6000
7000
8000
2017 2019 2022
OC Homeless Point in Time Count
Sheltered Homeless Unsheltered Homeless
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Federal Court Intervenes and Regional Shelters Are Opened In response to a lawsuit against the County of Orange filed on behalf of the homeless individuals living in large encampments along the Santa Ana River and other public property, a federal District Court got involved in overseeing the County’s actions to clear the encampments.
On February 13, 2018, US District Court Judge David Carter ordered that “OC officials, cities and homeless advocates collaborate to find shelter for hundreds of people who have been living in the camps.”
10 Judge Carter issued a Temporary Restraining Order barring the arrest of those living along the Santa Ana River stating, “That order will stand until public officials can identify an alternative place to house those living along the river trail.”11 As a result of this litigation, on July 23, 2019, the District Court brokered a Settlement Agreement between the County of Orange and the advocates for the homeless. 12 This agreement
outlined the number of emergency shelter beds that must be developed in each Orange County Service Planning Area (SPA)13, before any homeless individuals could be removed from the encampments. This agreement was later adopted by North and Central SPA cities to avoid litigation and became a major impetus to opening low-threshold emergency shelters in the North and Central OC communities. South OC SPA cities did not sign the Settlement Agreement and no new low-threshold emergency shelters have subsequently been opened to meet the need of the South OC homeless identified in the OCGJ investigation.
REASON FOR THE STUDY
Homelessness continues to be one of the most frequently identified issues of concern to Orange County residents.14 Previous Grand Juries examined efforts to address homelessness and made recommendations, many of which have been implemented.15 Yet concerns about homelessness persist in our communities. The purpose of this report is to discuss the effectiveness of the CoC and OCC in collaborating to address Orange County’s homelessness through the services that are provided by the 37 contracts they authorize and oversee. The Grand Jury sought to evaluate the 10 Hannah Fry and Doug Smith, “Frustrated judge demands O.C. find shelter for homeless being evicted from camps”, Los Angeles Times, February 14, 2018
11 Ibid.
12 “Federal Judge Approves Settlement of Homeless Lawsuits”, City News Service, July 23, 2019. 13 Service Planning Area (SPA) is the division of Orange County cities into three regional areas North, Central, and South, for the purpose of facilitating regional collaboration in the provision of services to the homeless. 14 OC Annual Survey, Chapman University 2020.
15 OCGJ Report 2017-18.
“John” was a homeless man who lived in Hart Park in the City of Orange for several years.
He sought housing at the County “BRIDGES at Kraemer” shelter, where he stayed for seven months. He was an Army Veteran and during his time at BRIDGES, the staff worked with him to obtain identification and get his veteran benefits. Together they developed a housing plan and found a permanent home for him in Fountain Valley. He reported his joy when BRIDGES staff even gave him transportation to his new home where he now lives.
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amount of money is being spent, the outcomes achieved, and whether this investment of public dollars is making a difference.
METHOD OF STUDY
• Reviewed CoC contracts, budgets, and performance evaluations. • Toured emergency shelters, food service providers, substance abuse and mental health treatment programs, and the Collaborative Courts.
• Interviewed federal authorities, city managers, shelter providers, homeless outreach workers, law enforcement personnel, county staff responsible for shelter and affordable housing, mental health professionals, OC jail staff, and homeless individuals. • Reviewed documents including the Ten-Year Plan to End Homelessness, Continuum of Care Board minutes and reports, previous California Grand Jury reports, budgets, articles, and litigation.
• Conducted internet research on homeless issues.
INVESTIGATION AND ANALYSIS
Orange County Continuum of Care Collaboration
Since 1998, Orange County has developed a comprehensive regional continuum of care to address homelessness in Orange County. This collaboration covers Orange County’s 34 cities and unincorporated areas. County departments and agencies, local governments, homeless, housing, supportive service providers, and community groups (including non-profits, faith-based organizations, interested business leaders, schools, individuals with lived experience, and many other stakeholders) joined as participants with the shared mission to address homelessness.
The Orange County Continuum of Care Board (CoC), created in 2016, is the governing body for the continuum of care, whose goal is to oversee and implement this strategic collaboration as authorized by federal legislation.
16 The CoC is comprised of diverse representatives of the collaborative participants.
16 Subtitle C of Title IV of the McKinney-Vento Homeless Assistance Act, (42 U.S.C.11381-11389). “James” abruptly found himself homeless and on the street at the age of 18 when his foster parents said they had completed their obligation to him. With few resources, he turned to friends who let him “couch surf”, and then out of desperation, enlisted in the military. After his service, he returned to Orange County where found a friend to stay with and worked to get back on his feet. His lifelong struggles with homelessness coupled with excessive anger issues, addictions, and recovery from negative childhood experiences have required committing to radical personal change. Today in his early 50s, James has a job, and a mission to serve his community, teaching kids and helping the homeless with food, resources, and advice.
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2021-2022 Orange County Grand Jury Page 6
The CoC vision is to develop a dignified and equitable system to permanently house those experiencing homelessness, on a collaborative and regional basis, to allocate funds to match the greatest needs.
Prioritizing Homeless Funding
The CoC Board is responsible for the distribution of federal, state, and local funding to address homelessness. These dollars are restricted for specific uses by the funding sources. The CoC prioritizes awarding contracts based on four strategic pillars, and the OCC administers, monitors, and evaluates the contracts. The four pillars are:
1. Prevention - short-term intervention to keep people in their homes, avoid eviction, and stabilize their housing.
2. Outreach - seeking, reaching out to, and engaging individuals as a first step towards ending their homelessness and providing services to develop self-sufficiency and independence.
3. Shelters- temporary residence providing protection from exposure and a safety net for the homeless.
4. Housing - including housing coupled with treatment and supportive services enables greater potential success of homeless individuals suffering from mental illness and substance abuse.
Source: Office of Care Coordination.17
17 Contract Inventory 2021, Orange County Office of Care Coordination. $16,369,867
$30,015,965
$5,578,591
$910,062
Housing
Shelter
Outreach
Prevention
OC CoC Annual Contracts by Pillar 2021
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Continuum of Care Funding Oversight
The CoC oversees 37 contracts that outline the terms and agreements as to what services must be provided, and which funding source is used (such as the County General Fund, or various state and federal grants). The source of funds dictates how the funds must be used.
The CoC receives funding through various state and federal sources through a Notice of Funding Availability. The CoC issues a Request for Proposals to which qualified non-profits submit proposals. The CoC and the Commission to End Homelessness work together to establish funding priorities. The CoC selects which proposals to fund and sends them to the Board of Supervisors for legal approval.
All contracts specify that audits may be required. Audits are based on performance and proper use of funds required by the funding source. The County can also request an audit at any time during the contract term. The OCC monitors the contracts through a monthly Expenditure and Revenue report. Along with this financial review, the County conducts yearly site visits for each contract. The on-site audit reviews all aspects of the contract obligations to ensure that the contractors are compliant with the specifications of the funding.
Contractors who meet or exceed their requirements are typically renewed. Those who fail are given the opportunity to explain unexpected hurdles they faced, such as COVID issues or other unavoidable circumstances. After a full review, the CoC Board decides whether to renew or terminate a contract.
NOTE: This pie chart includes some grants awarded for multiple years. Source: Office of Care Coordination.18 18 Ibid.
County Funds
$28,031,000
State Funds
$29,166,000
Federal Funds
$60,562,000
OC Continuum of Care Funding Sources 2021
How is Orange County Addressing Homelessness?
2021-2022 Orange County Grand Jury Page 8
Major Funding Sources Overseen by the CoC
A variety of federal, state, and county restrictive grants with specific uses required make up the funding that the CoC allocates.
19 CoC Process to Address Homelessness
OCGJ sought to evaluate the effectiveness of the CoC contracts under each pillar using the data from the Homeless Management Information System (HMIS) which is the shared database of all homeless services providers required by HUD for CoC’s and maintained by the non-profit 211 OC.
1. Prevention - CoC investments in homeless prevention, include rental and utility assistance, as well as housing vouchers, and are measured as “increased income” in the graph below.
The CoC system does not represent the only County of Orange expenditures to prevent homelessness. The County allocates significant amounts of funding to prevent individuals and families from becoming homeless as outlined later in this report. 19 Grant sources include: American Recovery Plan Act (ARPA)*, Business, Consumer and Housing Agency, COVID 19 Tenant Relief Act (BCSH)*, California Emergency Solution Housing (CESH), Consolidated Appropriations Act for Rental Assistance (CAA), Coronavirus Aid, Relief and Economic Security Act (CARES)*, Federal Continuum of Care fund (CoC), Homeless Emergency Aid Program (HEAP), Homeless Housing Assistance Prevention (HHAP), HUD Emergency Shelter Grant program (ESG), HUD Housing Community Development (HCD), Orange County General Fund (GF). * COVID Related Funding. 831
9045
723
6785
0 1000
2000
3000
4000
5000
6000
7000
8000
9000
10000
2020 2021
Prevention Performance
Client Contacts Increased Income
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2. Outreach – Outreach efforts of CoC non-profit contractors resulted in successful exits from homelessness to shelter increasing about 33 percent from 2,245 in 2019 to 2,994 in 2021. In that period, outreach efforts by non-profits seeking to build trust with homeless individuals resulted in the doubling of client contacts, to over 10,000 a year. Increasing client contacts, building trust, and successful entrance into shelter are measures of successful outreach programs.
Some people believe that chronically homeless individuals do not want permanent housing and are resistant to programs. While this may be true in some cases, the OCGJ learned several reasons for this resistance, including:
• Individuals who lack trust in outreach program staff due to promises previously broken. • Substance abusers who are not ready for treatment.
• Mentally ill individuals who lack awareness of their illness. • Individuals who fear for their safety in shelters or housing. • Individuals who do not like the rule that forbids walking in and out of the shelter and require access by arranged transportation only.
The OCGJ learned from law enforcement and shelter officials that there were not enough rehabilitation and treatment facilities and services to meet the need of homeless Orange County residents suffering from mentally illness or substance abuse.
Source: 211 OC, HMIS data, 2019-21
5220
7532
10,705
2245 2636 2994
0 2000
4000
6000
8000
10000
12000
2019 2020 2021
Outreach Performance
Client Contacts Successfully Sheltered
A homeless man hanging out at a volunteer organization that provides food and assistance to the homeless described his experience in Orange. He stated that because he did not have a home, he was constantly stopped and harassed by the police, both physically and mentally. He believed that the Be Well Center was just a trick to get people off the streets. They would 5150 (72-hour mental health hold) everyone referred to their program and no one ever saw them again.
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3. Shelter - Emergency shelter capacity increased over 40 percent from 2,665 in 2017 to 3,756 in 2021, primarily in North and Central SPA cities. This increase helped to temporarily house many of the homeless of Orange County.
Low-Threshold Emergency Shelters are open to all individuals whose behavior is consistent with the shelter rules. This includes individuals who are suffering mental illness as well as those who are still using drugs and alcohol. The County of Orange funds two such shelters, BRIDGES in the North SPA and YALE in the Central SPA, but has been unsuccessful in siting a shelter in South SPA.
Navigation Centers are emergency shelters that are funded by cities and other sources.
Shelters have opened in Anaheim, Buena Park, Fullerton, Huntington Beach, Laguna Beach, Placentia, Tustin, and Santa Ana. Additional shelters are operated by various non-profits and faith-based organizations around Orange County. The OCGJ found that no low-threshold emergency shelters had been opened in South SPA cities to meet the identified need.
Various levels of service are provided at the emergency shelters in addition to safe beds, food, and showers. The low-threshold, multi-service county shelters work with the residents to do the following: develop a plan to get into permanent housing; get job training and secure a job; obtain benefits for which they qualify, such as veterans, general relief, disability, or other public assistance; get into treatment programs to help with their substance abuse or mental illness; receive medical care and needed medicine; and overcome other individual challenges to independent living.
Note: Numbers include year-round and seasonal shelters, and 517 temporary COVID beds. 20 20 HIC Report Year Over Year 2017-21, 211 OC, Orange County, 2021. 2665 2921
3494 3584 3756
0 500
1000
1500
2000
2500
3000
3500
4000
2017 2018 2019 2020 2021
Shelter Capacity
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4. Housing - Permanent housing, including Permanent Supportive Housing (PSH), has increased 13 percent over the last five years, from 3,261 in 2017 to 3,689 in 2021.
Source: 211 OC Housing Inventory Count 2017-2121
• Housing Vouchers (Section 8) are issued by local Housing Authorities who set aside some for the homeless. They prioritize individual veterans, disabled, and families with children, as well as designating some for PSH projects. Vouchers are a permanent housing subsidy that require individuals to contribute 30 percent of their income to rent. • Exits from emergency shelters to permanent housing were limited not only by the number of vouchers available, but by the inability of homeless individuals to find housing where landlords would accept vouchers. From 2018 to 2021, exits from the CoC homeless system to permanent housing have hovered between 24 and 32 percent. 22 • 2,700 PSH units were needed according to the PIT count in 2017. PSH is for homeless individuals who are living with disabilities and mental illness. OC Housing Community Development leveraged California Mental Health Services Act funds resulting in 2,700 PSH units being built, approved, or in the planning stage as of 2022. • Treatment programs for homeless individuals, who could benefit from permanent housing but require treatment programs to be successful, are in short supply. • Transitional Aged Youth (TAY), are 16–24-year-olds who age out of the Foster Care system. They are vulnerable and many become homeless. The CoC funds one shelter with 25 beds for TAY where the waiting list for a bed is nine months. During the pandemic, housing vouchers for TAY increased from five to 120 but fell short of meeting the 150 beds needed.23
21 Orange County Housing Stock, 211 OC, Housing Inventory Count 2021 Report. 22 Longitudinal Systems Analysis, 211 OC, FY 2018 through 2021. 23 Dr. Shauntina Sorrells, MSW, DSW, Chief Program Officer, Orangewood Children’s Home, Chair CoC TAY Committee, in a presentation to OC Supervisor Foley’s Forum on Homelessness, Santa Ana, April 20, 2022. 652 753 882 956 1087
2609 2546 2243 2496 2602
0 500
1000
1500
2000
2500
3000
3500
4000
2017 2018 2019 2020 2021
Permanent Housing Performance
Permanent Housing Permanent Supportive Housing
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OC System of Care Resources
While the CoC represents the targeted collaboration to combat homelessness envisioned by HUD, there are additional programs in the Orange County System of Care that serve homeless individuals through other County agencies, such as the following:
• Prevention - Health care services which include: mental health, substance abuse treatment, and public health (infectious disease control); public assistance programs such as: Cal Fresh (EBT, food assistance), Cal WORKS (job training), Cash Assistance Program for Immigrants, Medi-Cal, and General Relief (cash assistance). • Outreach - Link to Services, Housing, Treatment, Basic Skills, and Job Training. • Shelter - All emergency shelter funds go through the CoC Board. • Housing - Housing Choice Vouchers, and Supportive Housing.
Source County of Orange 24
Total Orange County Cost of Homelessness
In addition to the costs of the Orange County System of Care, the county spends significant funds annually on homeless individuals in jail and in the criminal justice system. When these expenditures are included, Orange County homeless costs were an estimated $1.6 billion in FY 2021.
25 The graphs in this OCGJ report illustrate the increased outreach, prevention, shelter, and permanent housing that the CoC and OCC achieved, as well as additional system of care 24 OC System of Care Resources, FY 2021-22, Orange County Office of Care Coordination. 25 OC District 2 Services Assessment Final Report, Moss Adams, February 2022. $59
$28
$14
$15
$218
$19
$749
$- $100 $200 $300 $400 $500 $600 $700 $800 $900
Housing
Shelter
Outreach
Prevention
OC System of Care Resources
FY 2021-22 Budget in Millions
Specifically for Homeless All Residents Including Homeless
How is Orange County Addressing Homelessness?
2021-2022 Orange County Grand Jury Page 13
resources provided by the County of Orange. The 2022 Point in Time count documents the resulting decrease in homelessness, even as it shows the remaining challenges.
These County of Orange investments to address homelessness make a big difference by taking many people off the streets, providing shelters with basic services, giving needed medical and mental health care, helping with job training, and creating some permanent housing. While these investments are essential, they do not go far enough to house all the homeless people living in Orange County; in fact, only about 30 percent of the individuals exiting temporary shelters move into permanent housing.
The challenge of homelessness in our changing economy has been evolving as have our systems of care and prevention. It is clear that no one approach is going to eradicate homelessness.
However, if we continue to come together to learn and to improve our collective efforts, we will enable greater success in the exhaustive task of serving this vulnerable population in our community.
FINDINGS
Based on its investigation described in this report, the 2021-2022 Orange County Grand Jury has arrived at the following findings:
F1 South Orange County SPA cities lack low-threshold emergency shelters resulting in more homeless encampments and individuals living on the streets.
F2 Too many of the homeless who are severely and persistently mentally ill and those with addiction issues end up incarcerated instead of more appropriate placements.
F3 The County of Orange and cities within Orange County have been inconsistent in collaboration for support of shelters and services, which has resulted in missed opportunities to end homelessness.
F4 There are an insufficient number of rental units available to those exiting Emergency Shelters, resulting in the majority returning to homelessness when leaving the shelters.
F5 The Office of Care Coordination, in collaboration with the Continuum of Care Board, provides an effective community-based system of setting priorities to address homelessness, learning best practices, awarding and monitoring contracts, and overseeing a comprehensive system of care. However, the challenge of housing all our homeless requires much more.
F6 Transitional Aged Youth who age out of the Foster Care system are a vulnerable population that often become homeless and need assistance in finding housing. There are insufficient resources to adequately serve these young people.
How is Orange County Addressing Homelessness?
2021-2022 Orange County Grand Jury Page 14
RECOMMENDATIONS
Based on its investigation described herein, the 2021-2022 Orange County Grand Jury makes the following recommendations:
R1 By July 1, 2023, the CoC and County of Orange should leverage funding to persuade South Orange County cities to open a regional, low-threshold emergency shelter for the homeless, in addition to the Laguna Beach Friendship Shelter. (F1) R2 By July 1, 2023, South OC SPA cities should collaborate in siting and funding a lowthreshold emergency shelter for the homeless, in addition to the Friendship Shelter in Laguna Beach. (F2)
R3 The CoC should fund programs in fiscal year 2022-23 for people with severe and persistent mental illness and addiction issues to receive supervised care and treatment. (F2) R4 By July 1, 2024, the County of Orange and cities should collaborate to open facilities that can house people with severe and persistent mental illness and addiction issues in a secure setting. (F2)
R5 By July 1, 2023, the County of Orange, cities and CoC should collaborate to encourage the development of housing affordable to individuals exiting the emergency shelters in Orange County. (F3, F4, F5)
R6 By December 1, 2022, the County of Orange, cities and CoC should collaborate to increase the number of housing opportunities for Transitional Aged Youth. (F6)
COMMENDATIONS
Continuum of Care - The Orange County Grand Jury commends the broad-based collaboration between the County, cities, non-profit shelter and service providers, homeless advocates, faithbased organizations helping the homeless and hungry, and public and private entities, known as the Continuum of Care. This federally supported initiative has a representative board of directors and enjoys the highly effective professional support of the County of Orange Office of Care Coordination.
The OCGJ toured facilities and interviewed those engaged at all levels in this community-wide endeavor and was impressed at the dedication and caring to help the less fortunate in our County.
During the OCGJ investigation into the CoC, several exceptional organizations and dedicated individuals were brought to our attention. While not a direct part of our focus on the CoC, they were part of this broad community effort to address homelessness so the OCGJ thought they warranted honorable mention, including:
• Be Well OC in Orange is an innovative collaboration to provide outreach vans with mental health crisis teams, and a residential facility to reduce the incarceration of individuals with mental illness and/or substance abuse problems. • Mary’s Kitchen in the city of Orange provides dignified services including food to the walk-in homeless. Additionally, clients can receive mail and take showers.
How is Orange County Addressing Homelessness?
2021-2022 Orange County Grand Jury Page 15
• Navigation Centers in the cities of Laguna Beach, Fullerton, Buena Park, Placentia, Tustin, and Huntington Beach are providing critical shelter and services to the homeless. • Orange County’s Emergency Shelters, Yale, and Bridges at Kraemer are unique multiservice, low-threshold shelters run by PATH and Mercy House respectfully. • Outreach and Prevention work being done by City Net and city homeless liaisons are the front line in reaching the chronically homeless.
• Permanent Housing is being developed by many entities overcoming various obstacles.
The Grand Jury commends Jamboree Housing for their successful PSH units we toured, and the OC Housing Community Development department for their success in leveraging partnerships to create 2700 units of PSH.
• The Salvation Army operates a low-threshold, comprehensive homeless shelter for the City of Anaheim and is in the process of building an adjacent apartment complex with permanent supportive housing.
• US District Court Judge David Carter played an extraordinary role in bringing the cities and county to the table with the advocates and homeless to create change. His “hands on” approach demonstrated the compassion he expected of all. • Whatever It Takes (WIT) Collaborative Court is an initiative to help high risk, high need, convicted felons, to be successfully reintegrated into society. Coordinated resources and guidance are offered to complete a program of sobriety, housing, employment, counseling, relationship issues, and consistent healthy behavior.
RESPONSES
California Penal Code Section 933 requires the governing body of any public agency which the Grand Jury has reviewed, and about which it has issued a final report, to comment to the Presiding Judge of the Superior Court on the findings and recommendations pertaining to matters under the control of the governing body. Such comment shall be made no later than 90 days after the Grand Jury publishes its report (filed with the Clerk of the Court). Additionally, in the case of a report containing findings and recommendations pertaining to a department or agency headed by an elected County official (e.g., District Attorney, Sheriff, etc.), such elected County official shall comment on the findings and recommendations pertaining to the matters under that elected official’s control within 60 days to the Presiding Judge with an information copy sent to the Board of Supervisors.
Furthermore, California Penal Code Section 933.05 specifies the manner in which such comment(s) are to be made as follows:
(a) As to each Grand Jury finding, the responding person or entity shall indicate one of the following:
(1) The respondent agrees with the finding.
How is Orange County Addressing Homelessness?
2021-2022 Orange County Grand Jury Page 16
(2) The respondent disagrees wholly or partially with the finding, in which case the response shall specify the portion of the finding that is disputed and shall include an explanation of the reasons therefor.
(b) As to each Grand Jury recommendation, the responding person or entity shall report one of the following actions:
(1) The recommendation has been implemented, with a summary regarding the implemented action.
(2) The recommendation has not yet been implemented, but will be implemented in the future, with a time frame for implementation.
(3) The recommendation requires further analysis, with an explanation and the scope and parameters of an analysis or study, and a time frame for the matter to be prepared for discussion by the officer or head of the agency or department being investigated or reviewed, including the governing body of the public agency when applicable. This time frame shall not exceed six months from the date of publication of the Grand Jury report.
(4) The recommendation will not be implemented because it is not warranted or is not reasonable, with an explanation therefor.
(c) If a finding or recommendation of the Grand Jury addresses budgetary or personnel matters of a county agency or department headed by an elected officer, both the agency or department head and the Board of Supervisors shall respond if requested by the Grand Jury, but the response of the Board of Supervisors shall address only those budgetary /or personnel matters over which it has some decision-making authority. The response of the elected agency or department head shall address all aspects of the findings or recommendations affecting his or her agency or department.
The Orange County Grand Jury requires and requests the following responses:
90 Day Response Required F1 F2 F3 F4 F5 F6
OC Board of Supervisors X X X X X X
90 Day Response Required R1 R2 R3 R4 R5 R6
OC Board of Supervisors X X X X X X
90 Day Response Required F1 F2 F3 F4 F5 F6
Aliso Viejo X X X
90 Day Response Required R1 R2 R3 R4 R5 R6
Aliso Viejo X X X X X
How is Orange County Addressing Homelessness?
2021-2022 Orange County Grand Jury Page 17
90 Day Response Required F1 F2 F3 F4 F5 F6
Anaheim X X
90 Day Response Required R1 R2 R3 R4 R5 R6
Anaheim X X X
90 Day Response Required F1 F2 F3 F4 F5 F6
Brea X X
90 Day Response Required R1 R2 R3 R4 R5 R6
Brea X X X
90 Day Response Required F1 F2 F3 F4 F5 F6
Buena Park X X
90 Day Response Required R1 R2 R3 R4 R5 R6
Buena Park X X X
90 Day Response Required F1 F2 F3 F4 F5 F6
Costa Mesa X X
90 Day Response Required R1 R2 R3 R4 R5 R6
Costa Mesa X X X
90 Day Response Required F1 F2 F3 F4 F5 F6
Cypress X X
90 Day Response Required R1 R2 R3 R4 R5 R6
Cypress X X X
90 Day Response Required F1 F2 F3 F4 F5 F6
Dana Point X X X
90 Day Response Required R1 R2 R3 R4 R5 R6
Dana Point X X X X X
90 Day Response Required F1 F2 F3 F4 F5 F6
Fountain Valley X X
90 Day Response Required R1 R2 R3 R4 R5 R6
Fountain Valley X X X
90 Day Response Required F1 F2 F3 F4 F5 F6
Fullerton X X
90 Day Response Required R1 R2 R3 R4 R5 R6
Fullerton X X X
90 Day Response Required F1 F2 F3 F4 F5 F6
Garden Grove X X
90 Day Response Required R1 R2 R3 R4 R5 R6
Garden Grove X X X
90 Day Response Required F1 F2 F3 F4 F5 F6
Huntington Beach X X
90 Day Response Required R1 R2 R3 R4 R5 R6
Huntington Beach X X X
How is Orange County Addressing Homelessness?
2021-2022 Orange County Grand Jury Page 18
90 Day Response Required F1 F2 F3 F4 F5 F6
Irvine X X X
90 Day Response Required R1 R2 R3 R4 R5 R6
Irvine X X X X X
90 Day Response Required F1 F2 F3 F4 F5 F6
La Habra X X
90 Day Response Required R1 R2 R3 R4 R5 R6
La Habra X X X
90 Day Response Required F1 F2 F3 F4 F5 F6
La Palma X X
90 Day Response Required R1 R2 R3 R4 R5 R6
La Palma X X X
90 Day Response Required F1 F2 F3 F4 F5 F6
Laguna Beach X X
90 Day Response Required R1 R2 R3 R4 R5 R6
Laguna Beach X X X
90 Day Response Required F1 F2 F3 F4 F5 F6
Laguna Hills X X X
90 Day Response Required R1 R2 R3 R4 R5 R6
Laguna Hills X X X
90 Day Response Required F1 F2 F3 F4 F5 F6
Laguna Niguel X X X
90 Day Response Required R1 R2 R3 R4 R5 R6
Laguna Niguel X X X X X
90 Day Response Required F1 F2 F3 F4 F5 F6
Laguna Woods X X X
90 Day Response Required R1 R2 R3 R4 R5 R6
Laguna Woods X X X X X
90 Day Response Required F1 F2 F3 F4 F5 F6
Lake Forest X X X
90 Day Response Required R1 R2 R3 R4 R5 R6
Lake Forest X X X X X
90 Day Response Required F1 F2 F3 F4 F5 F6
Los Alamitos X X
90 Day Response Required R1 R2 R3 R4 R5 R6
Los Alamitos X X X
90 Day Response Required F1 F2 F3 F4 F5 F6
Mission Viejo X X X
90 Day Response Required R1 R2 R3 R4 R5 R6
Mission Viejo X X X X X
How is Orange County Addressing Homelessness?
2021-2022 Orange County Grand Jury Page 19
90 Day Response Required F1 F2 F3 F4 F5 F6
Newport Beach X X
90 Day Response Required R1 R2 R3 R4 R5 R6
Newport Beach X X X
90 Day Response Required F1 F2 F3 F4 F5 F6
Orange X X
90 Day Response Required R1 R2 R3 R4 R5 R6
Orange X X X
90 Day Response Required F1 F2 F3 F4 F5 F6
Placentia X X
90 Day Response Required R1 R2 R3 R4 R5 R6
Placentia X X X
90 Day Response Required F1 F2 F3 F4 F5 F6
Rancho Santa Margarita X X X
90 Day Response Required R1 R2 R3 R4 R5 R6
Rancho Santa Margarita X X X X X
90 Day Response Required F1 F2 F3 F4 F5 F6
San Juan Capistrano X X X
90 Day Response Required R1 R2 R3 R4 R5 R6
San Juan Capistrano X X
90 Day Response Required F1 F2 F3 F4 F5 F6
Santa Ana X X
90 Day Response Required R1 R2 R3 R4 R5 R6
Santa Ana X X X
90 Day Response Required F1 F2 F3 F4 F5 F6
Seal Beach X X
90 Day Response Required R1 R2 R3 R4 R5 R6
Seal Beach X X X
90 Day Response Required F1 F2 F3 F4 F5 F6
Stanton X X
90 Day Response Required R1 R2 R3 R4 R5 R6
Stanton X X X
90 Day Response Required F1 F2 F3 F4 F5 F6
Tustin X X
90 Day Response Required R1 R2 R3 R4 R5 R6
Tustin X X X
90 Day Response Required F1 F2 F3 F4 F5 F6
Villa Park X X
90 Day Response Required R1 R2 R3 R4 R5 R6
Villa Park X X X
How is Orange County Addressing Homelessness?
2021-2022 Orange County Grand Jury Page 20
90 Day Response Required F1 F2 F3 F4 F5 F6
Westminster X X
90 Day Response Required R1 R2 R3 R4 R5 R6
Westminster X X X
90 Day Response Required F1 F2 F3 F4 F5 F6
Yorba Linda X X
90 Day Response Required R1 R2 R3 R4 R5 R6
Yorba Linda X X X
90 Day Response Requested F1 F2 F3 F4 F5 F6
Office of Care Coordination X X X X X X
90 Day Response Requested R1 R2 R3 R4 R5 R6
Office of Care Coordination X X X X X X
90 Day Response Requested F1 F2 F3 F4 F5 F6
Continuum of Care Board X X X X X X
90 Day Response Requested R1 R2 R3 R4 R5 R6
Continuum of Care Board X X X X X X
REFERENCES
211 OC Website Data: Orange County CoC Dashboard – Orange County HMIS (ochmis.org) 211 OC Housing Inventory Count, Orange County Housing Stock, from HMIS data, 2021 Report 211 OC, HIC Report Year Over Year, from HMIS data, for Orange County 2017-2021 211 OC, Longitudinal Systems Analysis, from HMIS data FY 2018 through 2021 City of Anaheim, Addressing Homelessness FACT SHEET, Winter 2021 Chapman University, OC Annual Survey 2020
City News Service, Federal Judge Approves Settlement of Homeless Lawsuits, 7/23/2019 City of Fullerton, Report of the Fullerton Task Force on Homelessness and Mental Health Services, 5/15/2012
City of Fullerton, Housing Game Plan, 3/9/2021
Fullerton Homeless Plan Committee, Strategic Plan for Addressing Homelessness, 1/24/2020 Los Angeles Times, Frustrated judge demands O.C. find shelter for homeless being evicted from camp, 2/14/2018
Moss Adams, OC District 2 Services Assessment Final Report, February 2022 OCGJ Report, Where there’s a Will There’s a Way, 2018
OCGJ Report, Homeless Report, 2005
How is Orange County Addressing Homelessness?
2021-2022 Orange County Grand Jury Page 21
OC Ten Year Plan to End Homelessness, 2012
Orange Housing Finance Trust, https://ochft.org
Orange County, OC System of Care Resources by Resource Type, Budget 2020-2022 Office of Care Coordination (OCC) Contract Map, 2021-22 OCC, Contract Inventory, 2021
OCC, Coordinated Entry System Policy and Procedures 9/11/2019 OCC, Emergency Shelter List by SPA, 3/9/2021
OCC, Contracts Monitoring System Reports, 2021
OCC, Website Documents and Reports, www.ochealthinfo.com/about-hca/directorsoffice/office-care-coordination/homeless-services/continuum-care OC Community Resources, HUD Consolidated Plan, 6/23/2020 OC Register, Welcome Home OC 12/12/21
Orange County Point in Time Count, 2017-2022
Subtitle C of Title IV of the McKinney-Vento Homeless Assistance Act, (42 U.S.C.11381- 11389). As noted in CFR 24 Part 578.1
US Department of Health and Human Services, Substance Abuse and Mental Health Services Administration
US Department of Housing and Urban Development, CoC Homeless Assistance Programs Populations and Sub-Populations Reports 2016-2020
United Way of OC, Homelessness in Orange County: The Cost to Our Community, 2017 Voice of OC, OC Mental Health Jail Expansion Draws Pushback and Debate, 10/23/2019 Voice of OC, Where does OC’s Homelessness Spending Actually Go? Here’s What We Found Out, 7/25/21
GLOSSARY
211 OC: A non-profit that administers the county Homeless Management Information System and publishes the data on their website.
Chronically Homeless: An individual or family who is homeless and lives in a place not meant for human habitation, for at least 1 year.
Chronic Substance Abuse: adults with a substance abuse problem that is expected to be of indefinite duration and substantially impairs the person’s ability to live independently.
Commission to End Homelessness: A collaborative board of County and city government, private foundations, advocacy groups, community organizations, and other interested stakeholders that promote the success of the Ten-Year Plan to End Homelessness.
How is Orange County Addressing Homelessness?
2021-2022 Orange County Grand Jury Page 22
Coordinated Entry System (CES): A system to coordinate program participant intake assessment, and provision of referral.
Continuum of Care (CoC): A HUD-mandated local board of individuals and organizations working together to address homelessness on a regional basis.
Disability: A person with physical, mental, or emotional impairment, which is expected to be of long duration, and substantially impedes an individual's ability to live independently.
Domestic Violence: The act of family member, partner or ex-partner attempting to physically or psychologically dominate another.
Homeless Management Information Systems (HMIS): Computerized data base to capture client-level information on the characteristics and service needs of those experiencing homelessness.
Housing Inventory Count (HIC): The HUD-mandated annual count of homeless shelter beds available, conducted by the CoC.
U.S. Department of Housing and Urban Development (HUD): An agency of the United States Government.
Low-Threshold Emergency Shelter: A facility offering limited shelter as a safe alternative to living on the streets and provides essential services. “Low-threshold” means that individuals do not have to be drug and alcohol free, only that their behavior complies with the shelter rules.
Navigation Center: Another name for emergency shelter, emphasizing the service provided to residents to navigate to permanent housing, jobs, medical care, and other independent living skills.
Office of Care Coordination (OCC): County of Orange staff who provide support to the CoC Board and coordinate homeless program funds and services.
Permanent Supportive Housing (PSH): Long-term, community-based housing that has supportive services for homeless persons with disabilities including mental illness.
Point-in-Time Count & Survey (PIT): A community-wide effort to collect information on the number and characteristics of individuals and families experiencing homelessness.
Severely and Persistently Mentally Ill: adults with mental health problems that are expected to be life-long and substantially impairs the person’s ability to live independently.
Sheltered Homeless: individuals who are in emergency shelters, navigation centers, or other temporary housing.
Service Planning Area (SPA): Divisions of Orange County into North, Central, and South cities to coordinate homeless shelters and services on a regional basis.
Unsheltered Homeless: individuals who spent last night in the streets, a vehicle, an abandoned building, bus/train station, camping not in a designated campground, sleeping anywhere outside, or other place not meant for human habitation or stayed in friend or family’s garage, backyard, porch, shed or driveway.
CITY OF FOUNTAIN VALLEY
10200 SLATER AVENUE FOUNTAIN VALLEY, CA 92708-4736 (714) 593-4425 FAX: (714) 593-4525 fountainvalley.org
September 20, 2022
Honorable Erick Larsh, Presiding Judge
Orange County Grand Jury
700 Civic Center Drive West
Santa Ana, CA 92701
Subject: Response to Grand Jury Report Entitled “How is Orange County Addressing Homelessness?”
Dear Honorable Judge Larsh:
Please accept this letter as the City of Fountain Valley’s response to the Grand Jury’s report entitled “How is Orange County Addressing Homelessness”. This report was presented to the City Council at their meeting held on September 20, 2022, whereby the City Council authorized the Mayor to deliver the City’s response to the Presiding Judge of the Orange County Superior Court. Here are the City’s responses to the items requested by the Grand Jury, specifically for the City of Fountain Valley.
Findings:
F3. The County of Orange and cities within Orange County have been inconsistent in collaboration for support of shelters and services, which has resulted in missed opportunities to end homelessness.
The City of Fountain Valley can only speak to its efforts in regards to shelters and services. The City of Fountain Valley has partnered with CityNet since February 2022 to provide services and assistance to the homeless population in our City. In addition, in July 2022, the City executed a Memorandum of Understanding with two (2) neighboring cities (Cities of Garden Grove and Westminster) to construct a navigation center in the Central Service Planning Area to assist the homeless in all three (3) cities.
Through the contribution of over $8 million in City Redevelopment Funds, the City also partnered with Related California to develop a 50‐unit affordable housing project along Harbor Boulevard (Prado Family Homes). A total of 41 units will be reserved for lower income households (30% to 60% of AMI), 8 units designated for permanent supportive housing for veterans, and one unit for an onsite manager. Prado Family Homes will offer 23 one‐ bedroom, 14 two‐bedroom, and 13 three‐bedroom apartments. The units are currently underXXX Fountain Valley Housing Element Public Review Draft | June 2022 18 construction with occupancy expected in 2022. Affordability will be preserved for a 55‐year term (from date of release of construction covenants) and is therefore not at risk of conversion by 2031.
In regards to “missed opportunities to end homeless,” insufficient information is provided regarding how any “inconsistent…collaboration for support” has led to missed opportunities and how consistent collaboration around the County could have better served the homeless in Fountain Valley. The City of Fountain Valley has seen great success with its partnership with CityNet. We anticipate greater success with a future Navigation Center in partnership with the cities of Garden Grove and Westminster. In addition, it would be difficult to determine that any missed opportunities in consistent collaboration, could have actually led to the elimination or end of the homeless issue.
F4. There are an insufficient number of rental units available to those exiting Emergency
Shelters, resulting in the majority returning to homelessness when leaving the shelters.
The City of Fountain Valley agrees with the above finding.
RECOMMENDATIONS
R4. By July 1, 2024, the County of Orange and cities should collaborate to open facilities that can house people with severe and persistent mental illness and addiction issues in a secure setting. (F2)
The recommendation has not yet been implemented, but will be implemented in the future. The City is fully committed to collaborating with the County and its fellow municipalities on opportunities to house people with severe and persistent mental illness and substance use issues. The City has executed a Memorandum of Understanding with the Cities of Garden Grove and Westminster to develop a “low barrier” navigation center in the Central Service Planning Area, and we are collaborating with the County on this effort. It is anticipated this project will move forward and open by July 1, 2024. The navigation center would provide emergency housing and services to the literally homeless population, including those with severe and persistent mental illness and substance use issues. There is great need for additional funding opportunities to assist jurisdictions develop housing for those experiencing severe or persistent mental illness and substance use issues.
R5. By July 1, 2023, the County of Orange, cities and CoC should collaborate to encourage the development of affordable housing to individuals exiting the emergency shelters in Orange County. (F3, F4, F5)
The recommendation has been implemented. The City of Fountain Valley, as stated above can only discuss its efforts. The City has worked to fund and encourage the development of the Prado Family Homes mentioned above, secured 33 affordable units in a recently approved multifamily project and is working with a non-profit organization on another 29 units of affordable housing that would be available to those existing shelters.
R6. By December 1, 2022, the County of Orange, cities and CoC should collaborate to increase the number of housing opportunities for Transitional Aged Youth. (F6) This recommendation requires further analysis. The report states that 150 beds are required countywide. The City of Fountain Valley is not aware of the demand for transitional aged youth beds in its jurisdiction or its Service Planning Area (SPA). Nor is the report specific on the types of beds and services necessary for this group.
CITY OF FOUNTAIN VALLEY
CITY COUNCIL
COUNCIL ACTION REQUEST
To: Honorable Mayor and Agenda Date: September 20, 2022 Members of the City Council
SUBJECT: Accept the Parcel Map No. 2021-113 for the Property Located at 18285-18375 Euclid Street
Three-Year Strategic Goals
☒ Enhance the culture and environment of “A Nice Place to Live” ☒ Attract and retain revenue-producing businesses
☐ Achieve fiscal stability in accordance with the 20-Year Financial Plan ☐ Attract and retain quality staff
☐ Not applicable
EXECUTIVE SUMMARY:
Kurt R. Troxell, a state-licensed surveyor, on behalf of BSP E405 LLC, an applicant of the property located at 18285-18375 Euclid Street, has submitted the Parcel Map No. 2021-113 to subdivide two existing parcels into three (3) parcels. This map is consistent with the City’s General Plan for developing commercial properties. The City staff and the County Surveyor’s office have reviewed and approved the parcel map for technical accuracy and compliance with the Subdivision Map Act. After the Council acceptance of the parcel map, the map will be forwarded to the County for recordation.
Consistent with the City’s fee schedule, development fees in the amount of $1,540 have been paid.
Staff recommends that the City Council accept Parcel Map. No. 2021-113 for the property located 18285-18375 Euclid Street.
DISCUSSION:
Kurt R. Troxell, a state-licensed surveyor, on behalf of BSP E405 LLC, an applicant of the property located at 18285-18375 Euclid Street, has submitted Parcel Map No. 2021-113 to subdivide three (3) parcels. The final map meets the requirements of the tentative parcel map and is in conformance with the Subdivision Map Act. The parcel map being submitted for City Council acceptance are parcels 4 and 5, as shown in book 34, page 37 of Parcel Maps in the Office of the County Recorder of Orange County. The parcel map subdivides the properties
Parcel Map No. 2021-113 for the Property Located at 18285-18375 Euclid Street September 20, 2022
into three (3) separate parcels, as follows: Parcel 1 (2.037 acres), Parcel 2 (2.061 acres), and Parcel 3 (0.025 acres). This map is consistent with the City’s General Plan and development standards for commercial properties in this area.
All required City fees for the parcel map have been paid. After the Council acceptance of the parcel map, staff will forward the map to the County Clerk-Recorder’s office for recordation.
FISCAL REVIEW:
Required in the conditions of approval and acceptance of Parcel Map No. 2021-113, the owner/applicant has paid the following fee:
Final Subdivision Map Checking $1,540
There is no fiscal impact related to this item.
PUBLIC NOTIFICATION:
Not applicable.
ENVIRONMENTAL IMPACT REVIEW:
Not applicable.
ATTORNEY REVIEW:
This does not require review by the Attorney for the City.
ALTERNATIVES:
Alternative No. 1: The City Council accept Parcel Map No. 2021-113 for the property located at 18285-18375 Euclid Street.
Alternative No. 2: The City Council does not accept Parcel Map No. 2021-113 for the property located at 18285-18375 Euclid Street.
RECOMMENDATION:
Staff recommends the City Council approve the Alternative No. 1 to accept Parcel Map No. 2021-113 for the property located at 18285-18375 Euclid Street.
Prepared by: Terri Phan, Management Aide
Recommended by: Kyle Hilton, Associate Engineer
Reviewed by: Temo Galvez, Deputy Public Works Director / City Engineer Approved by: Hye Jin Lee, Director of Public Works
Fiscal review by: Sherry Johnson, Interim Finance Director
Parcel Map No. 2021-113 for the Property Located at 18285-18375 Euclid Street September 20, 2022
Approved by: Maggie Le, City Manager
Attachment:
1. Parcel Map No. 2021-113
CITY OF FOUNTAIN VALLEY
CITY COUNCIL
COUNCIL ACTION REQUEST
To: Honorable Mayor and Agenda Date: September 20, 2022 Members of the City Council
SUBJECT: Approve a resolution to accept the Office of Traffic Safety Selective Traffic Enforcement Program grant money, amend the FY 2022-23 budget COPS/SLES fund in the amount of $70,000 and appropriate an expenditure to incorporate the changes into the FY 2022-23 budget
Three-Year Strategic Goals
☒ Enhance the culture and environment of “A Nice Place to Live” ☐ Attract and retain revenue-producing businesses
☐ Achieve fiscal stability in accordance with the 20-Year Financial Plan ☐ Attract and retain quality staff
☐ Not applicable
EXECUTIVE SUMMARY:
The State Office of Traffic Safety offers local law enforcement agencies grants to staff selective traffic enforcement programs on an overtime basis. The time period for this grant is based on the Federal Fiscal Year beginning October 1, 2022 and ending September 30, 2023. This grant consists of a comprehensive program, which includes overtime funding for selective enforcement details, bicycle safety programs, Officer training, and specialized equipment. Due to strict timelines, Staff submitted a grant application in keeping with the Office of Traffic Safety guidelines, which are explained in detail below.
This was a competitive process, and the City was granted money in part because of its collision rates. Council’s authorization is required to accept these funds and begin this program. The City will be reimbursed for overtime costs, training costs and equipment in the amount of $70,000.
DISCUSSION:
The Police Department is committed to traffic safety in the City. The Police Department is continually analyzing traffic trends in an effort to combat DUI, hazardous vehicle operation violations, and the reduction of traffic collisions. The grant requires traffic enforcement components, such as DUI checkpoints, DUI saturation patrols, primary
OTS Step Grant
September 20, 2022
collision factor violations, distracted driver, motorcycle, pedestrian and bicycle enforcement, be conducted in an effort to reduce injury collisions. These components are designed to complement existing Police Department programs and are to be conducted on an overtime basis.
DUI checkpoints, DUI saturation patrols, the enforcement of primary collision factor violations, distracted drivers, motorcycle, pedestrian and bicycle violation enforcement activities are effective ways to maximize the deterrent effect and increase the perception of apprehension of motorists who would operate a vehicle in a dangerous manner.
The Police Department was awarded the grant in the amount of $70,000. Of the amount awarded, $65,700 is to cover overtime expenses for staffing various enforcement and education components. The enforcement programs will be placed at different locations and time frames as determined by traffic collision analysis. The grant provides reimbursement for two (2) DUI checkpoints to be conducted during the summer and winter holiday. Additionally, the grant provides the funding to operate two bicycle safety programs at local elementary schools. The grant also provides $1,000 in travel expenses for traffic-related training, which is approved by the California Office of Traffic Safety.
Additionally, the grant will provide for the purchase of a $3,300 wrap for our existing DUI trailer.
Projected goals for the program are as follows:
1. To reduce the number of collisions and the number of victims killed or injured in alcohol-involved collisions.
2. To reduce the number of collisions and the number of victims killed or injured as a result of violations of the California Vehicle Code to include: Primary collision factor, distracted driver, and motorcycle-related violations.
3. To reduce the number of bicyclists and pedestrians killed or injured as a result of a collision.
The total program costs are $70,000. The City will receive 100 percent reimbursement for these costs as a result of the grant.
FISCAL REVIEW:
The OTS grant allocation for the City of Fountain Valley is $70,000, which is the projected expense to staff a variety of enforcement components. The following is a breakdown of enforcement components and reimbursable costs:
OTS Step Grant
September 20, 2022
Enforcement Component
Reimbursable
Overtime Costs
DUI/DL Checkpoints $30,345
DUI Saturation Patrols 13,640
Collaborative DUI Enforcement 2,715
Traffic Enforcement 8,990
Distractive Driving 2,697
Motorcycle Safety Enforcement 1,798
Bicycle/Pedestrian Safety Enforcement 1,798
Collaborative Traffic Enforcement 2,697
Traffic Safety Education Presentations 1,020
SUBTOTAL $65,700
GRAND TOTAL $70,000
Without the grant money, the Police Department will have to spend budgeted money for overtime to staff each component, and these expenses would not be reimbursed. The Police Department would then have to choose between incurring these costs or neglecting valuable enforcement and education tools.
The Budget Amendment appropriates $70,000 in additional revenue from the State of California Office of Traffic Safety and $70,000 in increased expenditure appropriations.
The revenue will be posted to the Federal OTS Step Grant account in the Police Department Criminal Diversion grants program 270.70.97002.44003, and the purchase will be expensed to the following accounts below:
Fund Dept Program Object Description Amount
270 70 97002 50150 OVERTIME/CALLBACK-SWORN $ 65,700
270 70 97002 53052 EDUCATIONAL MEETINGS-EMP $ 1,000
270 70 97002 55505 MISC. EQUIPMENT $ 3,300
TOTAL: $ 70,000
Training Reimbursable Costs
Travel Expenses For California Office of Traffic
Safety Approved Training
$1,000
SUBTOTAL $1,000
Other Direct Costs Reimbursable Costs
Trailer Wrap $3,300
SUBTOTAL $3,300
OTS Step Grant
September 20, 2022
PUBLIC NOTIFICATION:
Not applicable.
ENVIRONMENTAL IMPACT REVIEW:
Not applicable.
ATTORNEY REVIEW:
The Attorney(s) for the City has reviewed and concurs with the recommended action.
ALTERNATIVES:
Alternative No. 1: Approve a resolution to accept the Office of Traffic Safety Selective Traffic Enforcement Program grant money, amend the FY 2022-23 budget COPS/SLES Fund in the amount of $70,000 and appropriate an expenditure to incorporate the changes into the FY 2022-23 budget.
Alternative No. 2: Do not approve a resolution to accept the Office of Traffic Safety Selective Traffic Enforcement Program grant money, amend the FY 2022-23 budget COPS/SLES Fund in the amount of $70,000 and appropriate an expenditure to incorporate the changes into the FY 2022-23 budget and provide direction to Staff.
RECOMMENDATION:
Staff is requesting City Council approve Alternative No. 1: Approve a resolution to accept the Office of Traffic Safety Selective Traffic Enforcement Program grant money, amend the FY 2022-23 budget COPS/SLES Fund in the amount of $70,000 and appropriate an expenditure to incorporate the changes into the FY 2022-23 budget.
Prepared by: Brian D. Mosher, Sergeant
Reviewed by: Matthew L. Sheppard, Chief of Police
Fiscal Review: Sherry Johnson, Interim Finance Director Attorney Review: Colin Burns, Attorney for the City
Approved by: Maggie Le, City Manager
Attachment:
1. OTS S.T.E.P. grant documents
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State of California – Office of Traffic Safety
GRANT AGREEMENT
GRANT NUMBER
PT23030
1. GRANT TITLE
Selective Traffic Enforcement Program (STEP)
2. NAME OF AGENCY 3. Grant Period
Fountain Valley From:
To:
10/01/2022
09/30/2023 4. AGENCY UNIT TO ADMINISTER GRANT
Fountain Valley Police Department
5. GRANT DESCRIPTION
Best practice strategies will be conducted to reduce the number of persons killed and injured in crashes involving alcohol and other primary crash factors. The funded strategies may include impaired driving enforcement, enforcement operations focusing on primary crash factors, distracted driving, night-time seat belt enforcement, special enforcement operations encouraging motorcycle safety, enforcement and public awareness in areas with a high number of bicycle and pedestrian crashes, and educational programs. These strategies are designed to earn media attention thus enhancing the overall deterrent effect.
6. Federal Funds Allocated Under This Agreement Shall Not Exceed: $70,000.00
7. TERMS AND CONDITIONS: The parties agree to comply with the terms and conditions of the following which are by this reference made a part of the Agreement:
Schedule A – Problem Statement, Goals and Objectives and Method of Procedure Schedule B – Detailed Budget Estimate and Sub-Budget Estimate (if applicable) Schedule B-1 – Budget Narrative and Sub-Budget Narrative (if applicable) Exhibit A – Certifications and Assurances
Exhibit B* – OTS Grant Program Manual
Exhibit C – Grant Electronic Management System (GEMS) Access *Items shown with an asterisk (*), are hereby incorporated by reference and made a part of this agreement as if attached hereto.
These documents can be viewed at the OTS home web page under Grants: www.ots.ca.gov.
We, the officials named below, hereby swear under penalty of perjury under the laws of the State of California that we are duly authorized to legally bind the Grant recipient to the above described Grant terms and conditions.
IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.
8. Approval Signatures
A. GRANT DIRECTOR B. AUTHORIZING OFFICIAL
NAME:
TITLE:
EMAIL:
PHONE:
ADDRESS:
Brian Mosher
Traffic Sergeant
[email protected]
(714) 593-4481
10200 Slater Avenue
Fountain Valley, CA 92708
NAME:
TITLE:
EMAIL:
PHONE:
ADDRESS:
Maggie Le
City Manager
[email protected]
(714) 593-4410
10200 Slater Avenue
Fountain Valley, CA 92708
(Signature) (Date) (Signature) (Date)
C. FISCAL OFFICIAL D. AUTHORIZING OFFICIAL OF OFFICE OF TRAFFIC SAFETY NAME:
TITLE:
EMAIL:
PHONE:
ADDRESS:
Sherry Johnson
Interim Finance Director
[email protected]
(714) 593-4501
10200 Slater Avenue
Fountain Valley, CA 92708
NAME:
TITLE:
EMAIL:
PHONE:
ADDRESS:
Barbara Rooney
Director
[email protected]
(916) 509-3030
2208 Kausen Drive, Suite 300
Elk Grove, CA 95758
(Signature) (Date) (Signature) (Date)
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10. PROJECTED EXPENDITURES
FUND CFDA ITEM/APPROPRIATION F.Y. CHAPTER STATUTE PROJECTED
EXPENDITURES
164AL-23 20.608 0521-0890-101 2022 43/22 BA/22 $50,000.00 402PT-23 20.600 0521-0890-101 2022 43/22 BA/22 $20,000.00
AGREEMENT
TOTAL $70,000.00
AMOUNT ENCUMBERED BY THIS DOCUMENT
I CERTIFY upon my own personal knowledge that the budgeted funds for the current budget year are available for the period and purpose of the expenditure stated above.
$70,000.00
PRIOR AMOUNT ENCUMBERED FOR THIS
AGREEMENT
$ 0.00
OTS ACCOUNTING OFFICER’S SIGNATURE DATE SIGNED TOTAL AMOUNT ENCUMBERED TO DATE $70,000.00
E. ACCOUNTING OFFICER OF OFFICE OF TRAFFIC SAFETY 9. SAM INFORMATION NAME: Carolyn Vu SAM #:
REGISTERED
ADDRESS:
CITY:
ZIP+4:
E6HUBPTD4AZ1
10200 Slater Ave
Fountain Valley
92708-4736
ADDRESS: 2208 Kausen Drive, Suite 300
Elk Grove, CA 95758
9/7/2022 12:32:45 PM Page 3 of 14
State of California – Office of Traffic Safety
GRANT AGREEMENT
Schedule A
GRANT NUMBER
PT23030
1. PROBLEM STATEMENT
According to the Office of Traffic Safety statistics for the year 2019, the City of Fountain Valley was identified as part of group C based on population size. The group was made up of 105 cities, of which Fountain Valley ranked 34th with respect to crashes involving fatalities and injuries, when compared to other cities throughout the state within the same group. This indicates drivers within the City of Fountain Valley are more likely to be involved in a traffic crash resulting in injury or death, greater than 71 other cities of comparable size. The City of Fountain Valley also ranked high regarding speed related crashes, bicycle involved crashes, pedestrian crashes, and DUI related crashes. Of concern, Fountain Valley ranked 24 out of 105 regarding bicyclists under 15 years old who were injured or killed in traffic crashes and 93 out of 105 with regards to pedestrian crashes.
Since 2019, until now, the City of Fountain Valley has experienced 18 crashes resulting in 18 fatalities. At least 2 crashes involved motorcycle riders who were killed, 5 crashes involved pedestrians who were killed, and 3 fatal bicyclist crashes. In 8 of those crashes, at least one party that was tested was found to be under the influence of alcohol, drugs, or a combination of mind-altering substances. Upon examining primary crash factors of these 18 crashes, Right-Of-Way violations were the most common as the primary factor in 8 crashes (CVC 21801(a), 21804(a), 21954(a), 21950(a)). Speed was a primary factor in 3 crashes and mentioned as a contributing factor in at least 2 other crashes. Finally, red light violations (CVC 21453(a)) were listed as primary crash factors in at least 3 of these crashes. Aside from fatal traffic crashes, an approximate 1,269 people have been injured in traffic crashes in the City of Fountain Valley since 2019.
Given the geographical size of Fountain Valley is roughly 10 square miles, mostly comprised of several major, arterial highways and many ingress/egress ramps to the 405 freeway, the fatal and injury rate of crashes is alarming. With the assistance of OTS funds, the Fountain Valley Police Department aims to mitigate the crash rate while simultaneously increasing the overall highway safety of the roads in Fountain Valley by targeting the population of individuals driving upon the Fountain Valley roadways.
The City of Fountain Valley is not funded to provide traffic enforcement operations on an overtime basis to address our traffic problem. Without funding from OTS, these operations to reduce injury traffic crashes would not be possible. There are no other sources of outside funding for this program. OTS has funded our additional traffic operations for the last several years, up to $111,000 per year. The City of Fountain Valley continues to rank high among cities within its population group for injury traffic crashes and alcohol-involved injury traffic crashes. FVPD continually strives to maintain staffing levels which affects productivity in traffic enforcement.
2. PERFORMANCE MEASURES
A. Goals:
1. Reduce the number of persons killed in traffic crashes.
2. Reduce the number of persons injured in traffic crashes.
3. Reduce the number of pedestrians killed in traffic crashes.
4. Reduce the number of pedestrians injured in traffic crashes.
5. Reduce the number of bicyclists killed in traffic crashes.
6. Reduce the number of bicyclists injured in traffic crashes.
7. Reduce the number of persons killed in alcohol-involved crashes.
8. Reduce the number of persons injured in alcohol-involved crashes.
9. Reduce the number of persons killed in drug-involved crashes.
10. Reduce the number of persons injured in drug-involved crashes.
11. Reduce the number of persons killed in alcohol/drug combo-involved crashes.
12. Reduce the number of persons injured in alcohol/drug combo-involved crashes.
13. Reduce the number of motorcyclists killed in traffic crashes.
14. Reduce the number of motorcyclists injured in traffic crashes.
15. Reduce hit & run fatal crashes.
16. Reduce hit & run injury crashes.
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17. Reduce nighttime (2100 - 0259 hours) fatal crashes.
18. Reduce nighttime (2100 - 0259 hours) injury crashes.
B. Objectives: Target Number
1. Issue a press release announcing the kick-off of the grant by November 15. The kick-off press releases and media advisories, alerts, and materials must be emailed to the OTS Public Information Officer at [email protected], and copied to your OTS Coordinator, for approval 14 days prior to the issuance date of the release.
1 2. Participate and report data (as required) in the following campaigns; Quarter 1:
National Walk to School Day, National Teen Driver Safety Week, NHTSA Winter Mobilization; Quarter 3: National Distracted Driving Awareness Month, National Motorcycle Safety Month, National Bicycle Safety Month, National Click it or Ticket Mobilization; Quarter 4: NHTSA Summer Mobilization, National Child Passenger Safety Week, and California's Pedestrian Safety Month.
10 3. Develop (by December 31) and/or maintain a “DUI BOLO” program to notify patrol and traffic officers to be on the lookout for identified repeat DUI offenders with a suspended or revoked license as a result of DUI convictions. Updated DUI BOLOs should be distributed to patrol and traffic officers monthly. 12 4. Send law enforcement personnel to the NHTSA Standardized Field Sobriety Testing (SFST) (minimum 16 hours) POST-certified training. 4 5. Send law enforcement personnel to the NHTSA Advanced Roadside Impaired Driving Enforcement (ARIDE) 16 hour POST-certified training. 4 6. Send law enforcement personnel to the Drug Recognition Expert (DRE) training. 2
7. Conduct DUI/DL Checkpoints. A minimum of 1 checkpoint should be conducted during the NHTSA Winter Mobilization and 1 during the Summer Mobilization. To enhance the overall deterrent effect and promote high visibility, it is recommended the grantee issue an advance press release and conduct social media activity for each checkpoint. For combination DUI/DL checkpoints, departments should issue press releases that mention DL's will be checked at the DUI/DL checkpoint. Signs for DUI/DL checkpoints should read "DUI/Driver's License Checkpoint Ahead." OTS does not fund or support independent DL checkpoints. Only on an exception basis and with OTS pre-approval will OTS fund checkpoints that begin prior to 1800 hours. When possible, DUI/DL Checkpoint screeners should be DRE- or ARIDE-trained.
3 8. Conduct DUI Saturation Patrol operation(s). 11
9. Conduct Traffic Enforcement operation(s), including but not limited to, primary crash factor violations.
10 10. Conduct highly publicized Distracted Driving enforcement operation(s) targeting drivers using hand held cell phones and texting.
3 11. Conduct highly publicized Motorcycle Safety enforcement operation(s) in areas or during events with a high number of motorcycle incidents or crashes resulting from unsafe speed, DUI, following too closely, unsafe lane changes, improper turning, and other primary crash factor violations by motorcyclists and other drivers. 2 12. Conduct highly publicized pedestrian and/or bicycle enforcement operation(s) in areas or during events with a high number of pedestrian and/or bicycle crashes resulting from violations made by pedestrians, bicyclists, and drivers. 2 13. Conduct Traffic Safety educational presentation(s) with an effort to reach community members. Note: Presentation(s) may include topics such as distracted driving, DUI, speed, bicycle and pedestrian safety, seat belts and child passenger safety.
2 14. Participate in highly visible collaborative DUI Enforcement operations. 3
15. Participate in highly visible collaborative Traffic Enforcement operations. 3
3. METHOD OF PROCEDURE
A. Phase 1 – Program Preparation (1st Quarter of Grant Year) The department will develop operational plans to implement the “best practice” strategies outlined in the objectives section.
All training needed to implement the program should be conducted this quarter.
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All grant related purchases needed to implement the program should be made this quarter. In order to develop/maintain the “DUI BOLOs,” research will be conducted to identify the “worst of the worst” repeat DUI offenders with a suspended or revoked license as a result of DUI convictions. The Hot Sheets may include the driver’s name, last known address, DOB, description, current license status, and the number of times suspended or revoked for DUI. DUI BOLOs should be updated and distributed to traffic and patrol officers at least monthly. Implementation of the STEP grant activities will be accomplished by deploying personnel at high crash locations.
Media RequirementsIssue a press release approved by the OTS PIO announcing the kick-off of the grant by November 15, but no sooner than October 1. The kick-off release must be approved by the OTS PIO and only distributed after the grant is fully signed and executed. If you are unable to meet the November 15 deadline to issue a kick-off press release, communicate reasons to your OTS coordinator and OTS PIO.
B. Phase 2 – Program Operations (Throughout Grant Year) The department will work to create media opportunities throughout the grant period to call attention to the innovative program strategies and outcomes.
Media Requirements
The following requirements are for all grant-related activities:
Send all media advisories, alerts, videos, graphics, artwork, posters, radio/PSA/video scripts, storyboards, digital and/or print educational materials for grant-related activities to the OTS PIO at [email protected] for approval and copy your OTS coordinator. Optimum lead time would be 7 days before the scheduled release but at least 3 business days prior to the scheduled release date for review and approval is appreciated.
The OTS PIO is responsible for the approval of the design and content of materials. The agency understands OTS PIO approval is not authorizing approval of budget expenditure or cost. Any cost approvals must come from the Coordinator.
Pre-approval is not required when using any OTS-supplied template for media advisories, press releases, social media graphics, videos or posts, or any other OTS-supplied educational material.
However, copy the OTS PIO at [email protected] and your OTS coordinator when any material is distributed to the media and public, such as a press release, educational material, or link to social media post. The OTS-supplied kick-off press release templates and any kickoff press releases are an exception to this policy and require prior approval before distribution to the media and public.
If an OTS-supplied template, educational material, social media graphic, post or video is substantially changed, the changes shall be sent to the OTS PIO at [email protected] for approval and copy to your OTS Coordinator. Optimum lead time would be 7 days prior to the scheduled release date, but at least 3 business days prior to the scheduled release date for review and approval is appreciated.
Press releases, social media posts and alerts on platforms such as NextDoor and Nixle reporting immediate and time-sensitive grant activities (e.g. enforcement operations, day of event highlights or announcements, event invites) are exempt from the OTS PIO approval process. The OTS PIO and your Coordinator should still be notified when the grant-related activity is happening (e.g. car seat checks, bicycle rodeos, community presentations, DUI checkpoints, etc.).
Enforcement activities such as warrant and probation sweeps, court stings, etc. that are embargoed or could impact operations by publicizing in advance are exempt from the PIO approval process. However, announcements and results of activities should still be copied to the OTS PIO at [email protected] and your Coordinator with embargoed date and time or with “INTERNAL ONLY: DO NOT RELEASE” message in subject line of email. Any earned or paid media campaigns for TV, radio, digital or social media that are part of a specific grant objective, using OTS grant funds, or designed and developed using contractual services by a subgrantee, requires prior approval. Please send to the OTS PIO at [email protected] for approval and copy your grant coordinator at least 3 business days prior to the scheduled release date.
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Social media posts highlighting state or national traffic safety campaigns (Distracted Driving Month, Motorcycle Safety Awareness Month, etc.), enforcement operations (DUI checkpoints, etc.), or any other grant-related activity such as Bicycle rodeos, presentations, or events, are highly encouraged but do not require prior approval.
Submit a draft or rough-cut of all digital, printed, recorded or video material (brochures, posters, scripts, artwork, trailer graphics, digital graphics, social posts connected to an earned or paid media campaign grant objective) to the OTS PIO at [email protected] and copy your OTS Coordinator for approval prior to the production or duplication. Use the following standard language in all press, media, and printed materials, space permitting:
Funding for this program was provided by a grant from the California Office of Traffic Safety, through the National Highway Traffic Safety Administration. Space permitting, include the OTS logo on all grant-funded print materials, graphics and paid or earned social media campaign grant objective; consult your OTS Coordinator for specifics, format-appropriate logos, or if space does not permit the use of the OTS logo. Email the OTS PIO at [email protected] and copy your OTS Coordinator at least 21 days in advance, or when first confirmed, a short description of any significant grant-related traffic safety event or program, particularly events that are highly publicized beforehand with anticipated media coverage so OTS has sufficient notice to arrange for attendance and/or participation in the event.
If unable to attend, email the OTS PIO and coordinator brief highlights and/or results, including any media coverage (broadcast, digital, print) of event within 7 days following significant grantrelated event or program. Media and program highlights are to be reflected in QPRs. Any press releases, work plans, scripts, storyboards, artwork, graphics, videos or any educational or informational materials that received PIO approval in a prior grant year needs to be resubmitted for approval in the current grant year.
Contact the OTS PIO or your OTS Coordinator for consultation when changes from any of the above requirements might be warranted.
C. Phase 3 – Data Collection & Reporting (Throughout Grant Year)
1. Prepare and submit invoice claims (due January 30, April 30, July 30, and October 30)
2. Prepare and submit Quarterly Performance Reports (QPR) (due January 30, April 30, July 30, and October 30)
Collect and report quarterly, appropriate data that supports the progress of goals and objectives. Provide a brief list of activity conducted, procurement of grant-funded items, and significant media activities. Include status of grant-funded personnel, status of contracts, challenges, or special accomplishments.
Provide a brief summary of quarterly accomplishments and explanations for objectives not completed or plans for upcoming activities.
Collect, analyze and report statistical data relating to the grant goals and objectives.
4. METHOD OF EVALUATION
Using the data compiled during the grant, the Grant Director will complete the “Final Evaluation” section in the fourth/final Quarterly Performance Report (QPR). The Final Evaluation should provide a brief summary of the grant’s accomplishments, challenges and significant activities. This narrative should also include whether goals and objectives were met, exceeded, or an explanation of why objectives were not completed.
5. ADMINISTRATIVE SUPPORT
This program has full administrative support, and every effort will be made to continue the grant activities after grant conclusion.
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State of California – Office of Traffic Safety
GRANT AGREEMENT
Schedule B
GRANT NUMBER
PT23030
FUND NUMBER CATALOG
NUMBER (CFDA)
FUND DESCRIPTION TOTAL AMOUNT
164AL-23 20.608 Minimum Penalties for Repeat
Offenders for Driving While
Intoxicated
$50,000.00
402PT-23 20.600 State and Community Highway
Safety
$20,000.00
COST CATEGORY FUND
NUMBER
UNIT COST OR
RATE
UNITS TOTAL COST TO
GRANT
A. PERSONNEL COSTS
Straight Time
$0.00
Overtime
DUI/DL Checkpoints 164AL-23 $10,115.00 3 $30,345.00
DUI Saturation Patrols 164AL-23 $1,240.00 11 $13,640.00 Collaborative DUI Enforcement 164AL-23 $905.00 3 $2,715.00 Traffic Enforcement 402PT-23 $899.00 10 $8,990.00
Distracted Driving 402PT-23 $899.00 3 $2,697.00
Motorcycle Safety 402PT-23 $899.00 2 $1,798.00
Pedestrian and Bicycle Enforcement 402PT-23 $899.00 2 $1,798.00 Collaborative Traffic Enforcement 402PT-23 $899.00 3 $2,697.00 Traffic Safety Education 402PT-23 $510.00 2 $1,020.00
Category Sub-Total $65,700.00
B. TRAVEL EXPENSES
In State Travel 402PT-23 $1,000.00 1 $1,000.00
$0.00
Category Sub-Total $1,000.00
C. CONTRACTUAL SERVICES
$0.00
Category Sub-Total $0.00
D. EQUIPMENT
$0.00
Category Sub-Total $0.00
E. OTHER DIRECT COSTS
Trailer Wrap 164AL-23 $3,300.00 1 $3,300.00
Category Sub-Total $3,300.00
F. INDIRECT COSTS
$0.00
Category Sub-Total $0.00
GRANT TOTAL $70,000.00
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State of California – Office of Traffic Safety
GRANT AGREEMENT
Schedule B-1
GRANT NUMBER
PT23030
BUDGET NARRATIVE
PERSONNEL COSTS
DUI/DL Checkpoints - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.
DUI Saturation Patrols - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.
Collaborative DUI Enforcement - Overtime for grant funded Collaborative DUI Enforcement operations conducted by appropriate department personnel
Traffic Enforcement - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.
Distracted Driving - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.
Motorcycle Safety - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.
Pedestrian and Bicycle Enforcement - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.
Collaborative Traffic Enforcement - Overtime for grant funded Collaborative Traffic Enforcement operations conducted by appropriate department personnel
Traffic Safety Education - Overtime for grant funded traffic safety presentations or campaigns conducted by appropriate department personnel.
TRAVEL EXPENSES
In State Travel - Costs are included for appropriate staff to attend conferences and training events supporting the grant goals and objectives and/or traffic safety. Local mileage for grant activities and meetings is included. All conferences, seminars or training not specifically identified in the Budget Narrative must be approved by OTS. All travel claimed must be at the agency approved rate. Per Diem may not be claimed for meals provided at conferences when registration fees are paid with OTS grant funds.
CONTRACTUAL SERVICES
-
EQUIPMENT
-
OTHER DIRECT COSTS
Trailer Wrap - Method of applying signage to a trailer turning it into a mobile billboard. The wrap must include a traffic safety message and include the OTS logo. Draft graphics must be submitted to OTS for prior approval. OTS will not pay for paid media space under this line item.
INDIRECT COSTS
-
STATEMENTS/DISCLAIMERS
There will be no program income generated from this grant.
Nothing in this “agreement” shall be interpreted as a requirement, formal or informal, that a particular law enforcement officer issue a specified or predetermined number of citations in pursuance of the goals and objectives here under.
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State of California – Office of Traffic Safety
GRANT AGREEMENT
Exhibit A
GRANT NUMBER
PT23030
CERTIFICATIONS AND ASSURANCES FOR HIGHWAY SAFETY GRANTS (23 U.S.C. Chapter 4; Sec. 1906, Pub. L. 109-59, As Amended By Sec. 4011, Pub. L. 114-94) The officials named on the grant agreement, certify by way of signature on the grant agreement signature page, that the Grantee Agency complies with all applicable Federal statutes, regulations, and directives and State rules, guidelines, policies, and laws in effect with respect to the periods for which it receives grant funding.
Applicable provisions include, but are not limited to, the following:
GENERAL REQUIREMENTS
23 U.S.C. Chapter 4 – Highway Safety Act of 1966, as amended Sec. 1906, Pub. L. 109-59, as amended by Sec. 4011, Pub. L. 114-94 23 CFR part 1300 – Uniform Procedures for State Highway Safety Grant Programs 2 CFR part 200 – Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards
2 CFR part 1201 – Department of Transportation, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards
NONDISCRIMINATION
(applies to all subrecipients as well as States)
The State highway safety agency will comply with all Federal statutes and implementing regulations relating to nondiscrimination (“Federal Nondiscrimination Authorities”). These include but are not limited to:
Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin) and 49 CFR part 21; The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); Federal-Aid Highway Act of 1973, (23 U.S.C. 324 et seq.), and Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681-1683 and 1685-1686) (prohibit discrimination on the basis of sex);
Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 et seq.), as amended, (prohibits discrimination on the basis of disability) and 49 CFR part 27; The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et seq.), (prohibits discrimination on the basis of age);
The Civil Rights Restoration Act of 1987, (Pub. L. 100-209), (broadens scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal aid recipients, subrecipients and contractors, whether such programs or activities are Federally-funded or not);
Titles II and III of the Americans with Disabilities Act (42 U.S.C. 12131-12189) (prohibits discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing) and 49 CFR parts 37 and 38;
Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations (prevents discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations); and Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency (guards against Title VI national origin discrimination/discrimination because of limited English proficiency (LEP) by ensuring that funding recipients take reasonable steps to ensure that LEP persons have meaningful access to programs (70 FR 74087-74100).
The SubgranteePage 106
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Will take all measures necessary to ensure that no person in the United States shall, on the grounds of race, color, national origin, disability, sex, age, limited English proficiency, or membership in any other class protected by Federal Nondiscrimination Authorities, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any of its programs or activities, so long as any portion of the program is Federally-assisted; Will administer the program in a manner that reasonably ensures that any of its subrecipients, contractors, subcontractors, and consultants receiving Federal financial assistance under this program will comply with all requirements of the Non- Discrimination Authorities identified in this Assurance;
Agrees to comply (and require its subrecipients, contractors, subcontractors, and consultants to comply) with all applicable provisions of law or regulation governing US DOT’s or NHTSA’s access to records, accounts, documents, information, facilities, and staff, and to cooperate and comply with any program or compliance reviews, and/or complaint investigations conducted by US DOT or NHTSA under any Federal Nondiscrimination Authority;
Acknowledges that the United States has a right to seek judicial enforcement with regard to any matter arising under these Non-Discrimination Authorities and this Assurance; Agrees to insert in all contracts and funding agreements with other State or private entities the following clause:
o “During the performance of this contract/funding agreement, the contractor/funding recipient agrees—
a. To comply with all Federal nondiscrimination laws and regulations, as may be amended from time to time;
b. Not to participate directly or indirectly in the discrimination prohibited by any Federal nondiscrimination law or regulation, as set forth in appendix B of 49 CFR part 2l and herein; c. To permit access to its books, records, accounts, other sources of information, and its facilities as required by the State highway safety office, US DOT or NHTSA; d. That, in event a contractor/funding recipient fails to comply with any nondiscrimination provisions in this contract/funding agreement, the State highway safety agency will have the right to impose such contract/agreement sanctions as it or NHTSA determine are appropriate, including but not limited to withholding payments to the contractor/funding recipient under the contract/agreement until the contractor/funding recipient complies; and/or cancelling, terminating, or suspending a contract or funding agreement, in whole or in part; and
e. To insert this clause, including paragraphs (a) through (e), in every subcontract and subagreement and in every solicitation for a subcontract or sub-agreement, that receives Federal funds under this program.
THE DRUG-FREE WORKPLACE ACT OF 1988 (41 U.S.C. 8103)
The Subgrantee will provide a drug-free workplace by:
a. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; b. Establishing a drug-free awareness program to inform employees about:
1. The dangers of drug abuse in the workplace;
2. The grantee's policy of maintaining a drug-free workplace;
3. Any available drug counseling, rehabilitation, and employee assistance programs;
4. The penalties that may be imposed upon employees for drug violations occurring in the workplace;
5. Making it a requirement that each employee engaged in the performance of the grant be given a copy of the statement required by paragraph (a); c. Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will –
1. Abide by the terms of the statement;
2. Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction; d. Notifying the agency within ten days after receiving notice under subparagraph (c)(2) from an
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employee or otherwise receiving actual notice of such conviction; e. Taking one of the following actions, within 30 days of receiving notice under subparagraph (c)(2), with respect to any employee who is so convicted –
1. Taking appropriate personnel action against such an employee, up to and including termination;
2. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency;
f. Making a good faith effort to continue to maintain a drug-free workplace through implementation of all of the paragraphs above.
POLITICAL ACTIVITY (HATCH ACT)
(applies to all subrecipients as well as States)
The State will comply with provisions of the Hatch Act (5 U.S.C. 1501-1508), which limits the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds.
CERTIFICATION REGARDING FEDERAL LOBBYING
(applies to all subrecipients as well as States)
Certification for Contracts, Grants, Loans, and Cooperative Agreements The signed certifies, to the best of his or her knowledge and belief, that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement;
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions;
3. The undersigned shall require that the language of this certification be included in the award documents for all sub-award at all tiers (including subcontracts, subgrants, and contracts under grant, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
RESTRICTION ON STATE LOBBYING
(applies to all subrecipients as well as States)
None of the funds under this program will be used for any activity specifically designed to urge or influence a State or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any State or local legislative body. Such activities include both direct and indirect (e.g., "grassroots") lobbying activities, with one exception. This does not preclude a State official whose salary is supported with NHTSA funds from engaging in direct communications with State or local legislative officials, in accordance with customary State practice, even if such communications urge legislative officials to favor or oppose the adoption of a specific pending legislative proposal.
CERTIFICATION REGARDING DEBARMENT AND SUSPENSION
(applies to all subrecipients as well as States)
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Instructions for Primary Tier Participant Certification (States)
1. By signing and submitting this proposal, the prospective primary tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200.
2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective primary tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary tier participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction.
3. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default or may pursue suspension or debarment.
4. The prospective primary tier participant shall provide immediate written notice to the department or agency to which this proposal is submitted if at any time the prospective primary tier participant learns its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.
5. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200.
You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations.
6. The prospective primary tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction.
7. The prospective primary tier participant further agrees by submitting this proposal that it will include the clause titled “Instructions for Lower Tier Participant Certification” including the "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transaction,” provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200.
8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website (https://www.sam.gov/).
9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal government, the department or agency may terminate the transaction for cause or default.
Certification Regarding Debarment, Suspension, and Other Responsibility Matters-Primary Tier Covered Transactions
(1) The prospective primary tier participant certifies to the best of its knowledge and belief, that it and its principals:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency; (b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment
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rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or Local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and
(d) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default. (2) Where the prospective primary tier participant is unable to certify to any of the Statements in this certification, such prospective participant shall attach an explanation to this proposal.
Instructions for Lower Tier Participant Certification
1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200.
2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment.
3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.
4. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200.
You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those regulations.
5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated.
6. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause titled “Instructions for Lower Tier Participant Certification” including the "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion – Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200.
7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website (https://www.sam.gov/).
8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment.
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Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -- Lower Tier Covered Transactions:
1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency.
2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.
BUY AMERICA ACT
(applies to all subrecipients as well as States)
The State and each subrecipient will comply with the Buy America requirement (23 U.S.C. 313) when purchasing items using Federal funds. Buy America requires a State, or subrecipient, to purchase with Federal funds only steel, iron and manufactured products produced in the United States, unless the Secretary of Transportation determines that such domestically produced items would be inconsistent with the public interest, that such materials are not reasonably available and of a satisfactory quality, or that inclusion of domestic materials will increase the cost of the overall project contract by more than 25 percent. In order to use Federal funds to purchase foreign produced items, the State must submit a waiver request that provides an adequate basis and justification for approval by the Secretary of Transportation.
PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE (applies to all subrecipients as well as States)
The State and each subrecipient will not use 23 U.S.C. Chapter 4 grant funds for programs to check helmet usage or to create checkpoints that specifically target motorcyclists.
POLICY ON SEAT BELT USE
In accordance with Executive Order 13043, Increasing Seat Belt Use in the United States, dated April 16, 1997, the Grantee is encouraged to adopt and enforce on-the-job seat belt use policies and programs for its employees when operating company-owned, rented, or personally-owned vehicles. The National Highway Traffic Safety Administration (NHTSA) is responsible for providing leadership and guidance in support of this Presidential initiative. For information and resources on traffic safety programs and policies for employers, please contact the Network of Employers for Traffic Safety (NETS), a public-private partnership dedicated to improving the traffic safety practices of employers and employees. You can download information on seat belt programs, costs of motor vehicle crashes to employers, and other traffic safety initiatives at www.trafficsafety.org. The NHTSA website (www.nhtsa.gov) also provides information on statistics, campaigns, and program evaluations and references.
POLICY ON BANNING TEXT MESSAGING WHILE DRIVING
In accordance with Executive Order 13513, Federal Leadership On Reducing Text Messaging While Driving, and DOT Order 3902.10, Text Messaging While Driving, States are encouraged to adopt and enforce workplace safety policies to decrease crashes caused by distracted driving, including policies to ban text messaging while driving company-owned or rented vehicles, Government-owned, leased or rented vehicles, or privately-owned vehicles when on official Government business or when performing any work on or behalf of the Government. States are also encouraged to conduct workplace safety initiatives in a manner commensurate with the size of the business, such as establishment of new rules and programs or reevaluation of existing programs to prohibit text messaging while driving, and education, awareness, and other outreach to employees about the safety risks associated with texting while driving.
RESOLUTION NO. ________
A RESOLUTION OF THE CITY OF FOUNTAIN VALLEY
AUTHORIZING AND ACCEPTING THE STATE OF CALIFORNIA
OFFICE OF TRAFFIC SAFETY (OTS) SELECTIVE TRAFFIC
ENFORCEMENT PROGRAM (STEP) GRANT AND AMENDING
THE FY 2022-2023 BUDGET TO INCREASE APPROPRIATIONS
IN THE AMOUNT OF $70,000
WHEREAS, the City Council recognizes the enforcement of traffic laws and the education of the public in traffic safety are important components in maintaining safe streets and fulfilling the Police Department’s Traffic Plan; and WHEREAS, the City Council recognizes the acceptance of the Office of Traffic Safety grant money will allow the purchase of enforcement and equipment, which will assist he Police Department in the enforcement of traffic laws and in the education of the public in traffic safety; and
WHEREAS, the City Council recognizes the acceptance of this Office of Traffic Safety grant money will allow additional traffic enforcement programs that will complement the Police Department’s existing Traffic Plan.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Fountain Valley that the City Manager is authorized to accept the “Selective Traffic Enforcement Program” grant and enter into the resultant grant agreement and any amendments, the Office of Traffic Safety (OTS) to fund equipment purchased, training and overtime costs to staff selective traffic enforcement, DUI checkpoints and DUI saturation patrols between October 1, 2022 and September 30, 2023, in the amount of $70,000. The Director of Finance, or his/her designee, shall amend the FY 2022-2023 budget and appropriate an expenditure to incorporate the changes into the FY 2022-2023 budget in the amount of $70,000.
PASSED AND ADOPTED by the City Council of the City of Fountain Valley at the regular adjourned meeting this 20th day of September, 2022.
ATTEST:
_____________________ ____________________
Rick Miller, City Clerk Patrick Harper, Mayor
APPROVED AS TO FORM:
HARPER & BURNS LLP
__________________________
Attorneys for the City
CITY OF FOUNTAIN VALLEY
CITY COUNCIL
COUNCIL ACTION REQUEST
To: Honorable Mayor and Agenda Date: September 20, 2022 Members of the City Council
SUBJECT: Consider an Ordinance to Allow and Regulate Short Term Rentals in the R-1 and GH Zones and Increase Fines for Short Term Rental Violations Three-Year Strategic Goals
☒ Enhance the culture and environment of “A Nice Place to Live” ☐ Attract and retain revenue producing businesses
☐ Achieve fiscal stability in accordance with the 20-Year Financial Plan ☐ Attract and retain quality staff
☐ Not applicable
EXECUTIVE SUMMARY:
Short-Term Rentals (STRs) are not defined or expressly addressed in the Municipal Code.
Because they are not expressly allowed, City has taken the approach that STRs are not permitted. This approach creates confusion and makes it difficult to enforce. With the recent expansion of popularity of STRs, the City Council desires to address the issue.
The City Council considered STRs at its August 17, 2021, November 2, 2021, and December 21, 2021, meetings. The goal of these discussions was to hear from the community, learn about the issues associated with STRs, learn about various approaches to regulating or banning STRs, understand various enforcement strategies, learn about fiscal considerations, and help the City Council determine a desired approach to STRs.
Understanding that this is a complex issue and there are different attitudes, the City Council was presented with four basic approaches:
Prohibit STRs
Allow STRs with most restrictive regulations
Allow STRs with a moderate level of regulations
Allow STRs with the least restrictive regulations
Short-Term Rentals
September 20, 2022
At the December 21, 2021 meeting, the City Council determined to allow STRs with moderate restrictions.
DISCUSSION:
A short-term rental is the renting of a residential property for a period of less than 30 days. A rental can encompass the entire house or a room(s) within a house. With the recent popularity of websites like AirBNB, VRBO, Home to Go, and Booking.com, STRs have grown in number, and it is estimated there are 15 times the number of STRs now than in 2011.
Based on internet searches conducted last year, it was determined there are approximately 175 STRs in Fountain Valley. Some of these properties are listed on multiple platforms so there are approximately 254 advertisement listings. These searches also show that about 55% of the STRs (approximately 96 properties) in Fountain Valley are of the entire house and 45% of the STRs (approximately 79 properties) are of rooms within a house.
STRs are not defined or expressly prohibited in the Municipal Code. Because they are not expressly allowed, STRs are not permitted. There are pluses and minuses to STRs. These are summarized as follows:
Pros Cons
Homeowners maximize income
Transient Occupancy Tax (TOT)
Tourism spending in City
City can regulate and require
registration and licensing
Tenants not carefully vetted
Neighborhood disruption (noise,
parking, trash, litter, etc..)
Increased demands for city services
(e.g. enforcement)
Concern that STRs can lower property
values
Potential decreases in long-term
housing and affordable housing
Competition with established hotels
Absentee hosts/hosts with multiple
properties may not provide proper
oversight
Various neighboring cities have their own, unique approaches to STRs. Some prohibit STRs, some are very restrictive, and some have few restrictions. The table below was prepared for the December 2021 Council Meeting and provides a summary of how other Orange County cities address STRs:
Short-Term Rentals
September 20, 2022
Allowing Short-Term Rentals with Moderately Restrictive Standards Following the December 21, 2021 Council Meeting, Staff was directed to prepare an ordinance allowing STRs with moderate restrictions. An Ordinance was prepared and is attached for review. This Ordinance was based on best practices in other communities. Some of its provisions can be summarized as follows:
Allows STRs in the R-1 and GH Zones.
STRs can only be in detached, single-family residences. Allows hosted and unhosted STRs
Property owners must obtain a short-term rental permit and a business license Owners must pay all past and current Transient Occupancy Taxes (applicants must prove payment of past TOT).
No STRs in affordable housing units or ADUs
STR cannot be the subject of an active code enforcement action Must follow HOA rules
No gatherings (weddings, parties) that exceed occupancy limits Parking only in garage or driveway
Owner’s agent must respond to the property within 30 minutes of dispatch Noise restrictions and quiet hours
3-night minimum stay
Renter must be at least 25 years of age
Must have 3 consecutive dark days per month (to prevent boarding houses) Sets a limit of one license per owner (Prevents corporations from taking over city)
Short-Term Rentals
September 20, 2022
Caps total number of unhosted STRs at 200 with no limit on hosted STRs (preserves long-term housing stock in the City)
Requires all advertisements to have a city approved short term rental permit number (allows enforcement based on illegal advertisements alone) Describes responsibilities of the guest, owner/agent, and hosting platforms Describes enforcement and revocation process
Increases fines for STR violations to $1,500 (first violation within 1 year), $3,000 (second violation), and $5,000 (each additional violation) Technical Assistance
The increase in popularity of STRs is largely driven by the internet. If the Council decides to move forward with approving and regulating STRs, Staff recommends the City contract for assistance from outside firms specializing in STR regulation and compliance. Contracting out for assistance will reduce impacts to staff, reduce the need for additional staff, and provide the best chance at successful regulation.
Staff, last year, received informal proposals from two companies (Rentalscape and Host Compliance) who provide a similar range of STR services. The following services can be contracted:
Address identification of STRs in Fountain Valley
Compliance monitoring
Outreach campaign (letters to unpermitted STRs describing permit requirement and process and enforcement)
Permitting and registration
TOT collection
24/7 Hotline
The City can select one or all of the services noted above. For instance, the City can contract for one module, such as the 24/7 hotline, or the City can contract for all the items on the list.
Staff will follow required procurement procedures when selecting a vendor to recommend for Council consideration for these services.
Complaints
City received 22 complaints regarding STRs between June and August of 2022.
PLANNING COMMISSION REVIEW:
On September 14, 2022, the Planning Commission reviewed the attached Ordinance. The Planning Commission voted 5-0 to recommend that the City Council not approve the attached ordinance. The Planning Commission then voted 4-0-1 (Commissioner Osborn abstaining) that the City Council direct staff to prepare an alternative ordinance banning unhosted STRs,
Short-Term Rentals
September 20, 2022
permitting and imposing moderate regulations on hosted STRs, and that the Council adopt the current proposed fine increases.
FISCAL REVIEW:
The City’s Transient Occupancy Tax (TOT) rate is currently 9%. Proposals received from two STR management firms identified between 116-175 listings for properties in Fountain Valley that are actively accepting bookings for short term rentals, with an estimated revenue to property owners of up to $2.1 million annually. At this estimate, the amount of TOT revenue owed the City would be $189,000.
If prohibited, the amount of revenue realized by the City from STRs would be limited to fines for violations, which would help partially offset the costs of the compliance monitoring firm and enforcement.
If allowed, the amount of revenue generated would be dependent on the number of permitted units, average nightly rate as well as the number of nights each rental is booked making it difficult to forecast at this time. Conservatively, the City would expect to receive $150,000 annually in TOT revenue and STR permit fees. It is anticipated that the fee amounts for permit application review will cover the cost of reviewing the applications. It is unknown whether the fines for violations will be sufficient to cover the cost of monitoring and compliance, including the compliance monitoring firm.
Because of the anticipated revenue and cost recovery, Staff does not anticipate a negative fiscal impact to the City. Instead, it is anticipated City will receive revenue as a result of STRs.
PUBLIC NOTIFICATION:
This item was noticed for public hearing via newspaper at least ten days before the public hearing.
ENVIRONMENTAL IMPACT REVIEW:
Staff recommends the City Council find that this action is not subject to review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines sections 15060(c)(2)(the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15061(b)(3)(there is no possibility the activity in question may have a significant effect on the environment).
ATTORNEY REVIEW:
The Attorney(s) for the City has prepared these agenda documents.
ALTERNATIVES:
Alternative No. 1: Conduct a First Read and Approve for Second Reading-Adoption an Ordinance approving a Categorical Exemption per CEQA and Adopting Code Amendment Number 22-05 to: (1) Amend the
Development Code to allow short term rentals in the R-1 and GH Districts; (2) Add Chapter 4.95 to the Municipal Code regulating
Short-Term Rentals
September 20, 2022
Alternative No. 2:
RECOMMENDATION:
short-term rentals, (3) Amend section 1.13.070 to increase administrative fines for short term rental property and building code violations, and (4) amend section 1.16.010 of the Municipal Code to increase the criminal fines for short term rental property and building code violations.
Do not recommend approval of the CEQA exemption or Code Amendments.
Staff makes no recommendation.
Prepared by: Colin Burns, Attorney for the City
Reviewed by: Omar Dabdaboy, Director of Planning and Building Fiscal review by: Sherry Johnson, Interim Finance Director Approved by: Maggie Le, City Manager
Attachment: Ordinance No. 2022-___
ORDINANCE NO. 2022-__
SHORT-TERM RENTAL ORDINANCE
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
FOUNTAIN VALLEY APPROVING A CATEGORICAL
EXEMPTION PER THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT (CEQA) AND ADOPTING CODE
AMENDMENT NUMBER 22-05 TO (1) AMEND THE
DEVELOPMENT CODE TO ALLOW SHORT TERM
RENTALS IN THE R-1 AND GH DISTRICTS; (2) ADD
CHAPTER 4.95 TO THE MUNICIPAL CODE REGULATING
SHORT TERM RENTALS; (3) AMEND SECTION 1.13.070
OF THE MUNICIPAL CODE TO INCREASE
ADMINISTRATIVE FINES FOR SHORT-TERM RENTAL
PROPERTY AND BUILDING CODE VIOLATIONS; AND (4)
AMEND SECTION 1.16.010 OF THE MUNICIPAL CODE TO
INCREASE CRIMINAL FINES FOR SHORT-TERM RENTAL
PROPERTY AND BUILDING CODE VIOLATIONS
WHEREAS, the City of Fountain Valley desires to preserve the residential character of neighborhoods that enhance the quality of life for our residents and provide a peaceful retreat for visitors; and
WHEREAS, the City has a legitimate governmental interest in appropriately regulating the transitory use of residential properties to preserve the long-term residential character of its residential neighborhoods; and
WHEREAS, due to its status, lifestyle, and location, the City of Fountain Valley offers unique vacation opportunities for families, and the City desires to maintain the ability for visitors to rent family homes for their vacation accommodations; and WHEREAS, the City’s primary objective is to protect the health, safety, and welfare of residents and visitors; and
WHEREAS, the Planning Commission considered the proposed Code Amendment No. 22-05 at a duly noticed public hearing on September 14, 2022, and by a vote of ___ recommended the City Council Code Amendment No. 22-05; and WHEREAS, the proposed Code Amendment No. 22-05 has been publicly noticed for a public hearing in accordance with State Law and the Fountain Valley Municipal Code.
NOW, THEREFORE, the City Council of the City of Fountain Valley does ORDAIN as follows:
Section 1.
The City Council determines that Code Amendment No. 22-05 is not subject to review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines sections 15060(c)(2)(the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15061(b)(3)(there is no possibility the activity in question may have a significant effect on the environment). Code Amendment No. 22-05 will set forth regulations to prevent negative secondary effects of short term rentals.
Section 2.
The City Council finds that due notice of the public hearing on September 20, 2022, conducted in the City Council Chambers, 10200 Slater Avenue, Fountain Valley, was given as required by the Fountain Valley Municipal Code, Title 21, and the State of California. Public notice of this hearing and a copy of the Planning Commission agenda were posted at City Hall, Recreation Center, and the Fountain Valley Library and public notice was published in a newspaper of general circulation at least 10 days before the public hearing.
Section 3.
Pursuant to Fountain Valley Municipal Code section 21.34.050 the City Council does hereby find as follows:
1. The proposed amendment ensures and maintains internal consistency with the actions, goals, objectives and policies of the General Plan, and would not create any inconsistencies with Title 21, in the case of a title amendment. The proposed amendments set forth a comprehensive system of regulating short term rentals in residential districts.
2. The proposed amendment would not be detrimental to the public convenience, health, interest, safety or welfare of the city. The proposed amendments set forth a permitting system whereby any negative impacts on health, safety, and welfare are mitigated though ordinance regulations and permit conditions. The proposed amendments also set forth increased fines to ensure compliance with City’s laws and permit conditions.
3. The proposed amendment has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA) and the city’s environmental review procedures as addressed in Section 1 above.
4. The proposed amendment is internally consistent with other applicable provisions of Title 21.
Section 4.
Table 2-2 of Section 21.08.030 of the Fountain Valley Municipal Code is amended to allow short term rentals, subject to a short term rental permit, in the R-1 and GH Zones as shown in Attachment A.
Section 5.
Chapter 4.95 “Short-Term Rentals” is added to the Fountain Valley Municipal Code regulating short-term rental properties as shown in Attachment B.
Section 6.
Section 1.13.070 of the Fountain Valley Municipal Code is amended to provide increased administrative fines for short-term rental property and building code violations as shown in Attachment C.
Section 7.
Section 1.16.010 of the Fountain Valley Municipal Code is amended to provide increased criminal fines for short-term rental property and building code violations as shown in Attachment D.
Section 8.
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.
Section 9.
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, APPROVED, AND ADOPTED THIS DAY OF , 2022.
ATTEST:
City Clerk Mayor
APPROVED AS TO FORM
HARPER & BURNS LLP
___________________________
Attorneys for the City
EXHIBIT A
TABLE 2-2
PERMIT REQUIRED BY DISTRICT
P Permitted Use
Allowed Uses and Permit Requirements CUP Conditional Use Permit Required for Residential Zoning Districts — Use Not Allowed
LAND USE (1) R1 GH R2 R3 R4
Specific Use
Regulations
RECREATION, EDUCATION, PUBLIC ASSEMBLY USES
Private residential recreational facilities CUP CUP CUP CUP CUP Assembly uses CUP CUP CUP CUP CUP
Schools - private CUP CUP CUP CUP CUP
RESIDENTIAL USES
Accessory dwelling units P P P P P 21.08.055
Affordable housing P P P P P
Cottage food operations P P P P P 21.42.065
Duplexes — P P P P
Home businesses P P P P P
Mobile home parks — — — CUP CUP
Multi-family dwellings — — CUP CUP CUP
Residential accessory uses and structures P P P P P
Residential care home - large CUP CUP CUP CUP CUP
Residential care home - small P P P P P
Short-term rentals(4) P P — — — Chapter 4.95
Single-family dwellings P CUP P — —
Supportive housing P P P P P
Transitional housing P P P P P
SERVICES
Adult day care - large (2) (2) (2) (2) (2) 21.30.020
Adult day care - small P P P P P 21.30.020
Day care - large family day care homes (2) (2) (2) (2) (2) 21.30.020 Day care - small family day care homes P P P P P 21.30.020 Child day care centers CUP CUP CUP CUP CUP 21.30.020
Wireless telecommunications facilities (3) Administrative wireless facilities
permit (3)
— — — — 21.28
Notes:
(1) See Chapter 21.90 for land use definitions. See Section 21.02.020 regarding uses not listed.
(2) Requires approval of a large family day care permit by the planning/building director.
(3) Wireless telecommunication facilities are only allowed on church properties in the R1 zone subject to the requirements of Chapter 21.28. Wireless telecommunications facilities may also be permitted by a conditional use when the planning/building director determines that the project’s complexity or the public interest warrants the referral.
(4) Requires short-term rental permit pursuant to Chapter 4.95.
EXHIBIT B
CHAPTER 4.95
Short-Term Rentals
Section 4.95.010. Purpose
The purposes of this chapter are to:
(a) Establish the procedures and regulations that govern the application for, and the issuance and implementation of, permits for the operation of any short-term rental use within the City.
(b) Establish the regulations governing the renting or leasing of single-family residential dwelling units on a short-term basis in order to maintain the long-term housing stock in the City.
(c) Ensure the collection and payment of Transient Occupancy Taxes. (d) Safeguard the residents of the City of Fountain Valley by ensuring that short-term rental activities do not threaten the character of residential neighborhoods or become a nuisance, or threaten the public health, safety, or welfare of neighboring properties.
(e) Establish that short-term rental uses are not permitted in residential zoning districts, unless the City has approved a short-term rental permit pursuant to this chapter.
(f) Establish that this chapter is not intended to allow any property owner to violate any private conditions, covenants, and restrictions applicable to the property. (g) The City reserves the right to change the regulations provided in this chapter at any time, including discontinuing the issuance of short-term rental permits, notwithstanding any impacts to existing or future short-term rental permit holders.
Anyone accepting a short-term rental permit pursuant to this chapter acknowledges and accepts that possibility.
Section 4.95.020. Definitions
For purposes of this chapter, the following words and phrases are defined as follows:
(a) “Agent” means a person or entity, who does not hold any interest in the property and who has authority to act on behalf of the owner.
(b) “Bedroom” means a room designed primarily for sleeping that meets the definition of the California Building Codes currently adopted by the city.
(c) “Hosting platform” means a person or entity who participates in home-sharing or short-term rentals by collecting or receiving a fee, directly or indirectly through an agent or intermediary, for conducting a booking transaction using any medium of facilitation. Examples include, but are not limited to, VRBO.com, Airbnb.com, homestay.com and other internet and non-internet based services that facilitate bookings for a fee.
(d) “Hosted short-term rental” means a short-term rental where the owner of the short-term rental property is present and living in the unit. (e) “Owner” means a person or entity who holds record fee title to the property. (f) “Unhosted short-term rental” means a short-term rental where the owner of the short-term rental property resides off-site during the guest’s stay. (g) “Residential dwelling” means a private structure that is designed and available, pursuant to applicable law, for use and occupancy by one or more individuals. “Residential dwelling” does not include a commercially operated hotel, motel, bed and breakfast inn, or a time-share property as defined by subdivision (aa) of Section 11212 of the Business and Professions Code.
(h) “Short-term rental” or “short-term-rental property” means a residential dwelling, or any portion of a residential dwelling, that is rented to a person or persons for 30 consecutive days or less.
Section 4.95.030. Business License Required
The owner must obtain and maintain a current, valid annual business license issued by the city pursuant to Chapter 5 of this code prior to operating a short-term rental property.
Section 4.95.040. Short-Term Rental Permit Required
(a) A current, valid annual short-term rental permit issued by the city to the owner is required for each property prior to advertising, offering to lease, or leasing the property as a short-term-rental property. The short-term rental permit shall be posted inside of the short-term-rental property.
(b) The short-term rental permit is personal to the permittee, non-transferrable, and does not run with the land.
(c) The short-term rental permit is valid for one year and shall automatically terminate at the expiration of the one-year term unless the short-term rental permit is renewed by the city.
Section 4.95.050. Short-Term Rental Permitting Procedure
(a) An owner shall apply to the city for a short-term rental permit for each short-term rental property and pay a fee established by resolution of the City Council. The city shall provide an application form and list of application, indemnification, and insurance requirements.
(b) An owner, including any legal entity for which the owner holds a controlling interest, may not hold more than one City of Fountain Valley short-term rental permit.
(c) Any person seeking to obtain a short-term rental permit under this Chapter must fully and truthfully complete the city-provided application form. (d) Permit application review.
(1) Review. An application for a short-term rental permit will be reviewed by the Planning Director or designee who shall approve, conditionally approve, or deny the application in writing within sixty days of receipt of a complete application and non-refundable application fee. (2) Eligibility Requirements. To be eligible for a short-term rental permit, the following requirements must be met at the time of submittal of the permit application:
(i) The short-term rental property shall be located in the R1 SingleFamily Residential or GH Garden Homes zones. (ii) The short-term rental property shall be a detached single-family residence.
(iii) The short-term rental property shall not be a deed restricted affordable housing unit, in a special group residence, or an Accessory Dwelling Unit (ADU).
(iv) The short-term rental property shall not be the subject of any active or pending code enforcement actions or violations pursuant to the City’s Municipal Code.
(v) If the short-term rental property is subject to the rules of a homeowners’ or condominium association, short-term rental activity must comply with those rules and this chapter shall not be inferred to grant any permission that invalidates or supersedes any provisions of those homeowners’ or condominium associations’ rules. An applicant for a short-term rental permit for a property located in a homeowner’s or condominium association must provide written verification from the association that the proposed short-term rental use complies with the rules of the association.
(vi) The short-term rental property shall be a legally permitted dwelling unit. Structures not built for permanent habitable use, such as but not limited to tents, trailers, tree houses, garage, storage shed; or temporary structures such as recreational vehicles shall not be used for short-term rentals or to satisfy the occupant requirement of this chapter.
(vii) The owner has not been convicted of any felony, or conspiracy or attempt to commit any felony.
(3) Denial. The application shall be denied in any of the following cases:
(i) The owner of the proposed short-term rental property has been the subject of a public nuisance injunction for conduct that is propertyrelated within the past five years. (ii) The operation of the short-term rental would, if allowed, constitute a public nuisance, or would be detrimental to the public health, safety or general welfare.
(iii) The person seeking to obtain the short-term rental permit made a false, misleading, or fraudulent statement of fact to the city in the permit application process.
(iv) The application is incomplete.
(v) The person seeking to obtain the short-term rental permit has not satisfied the requirements of this chapter.
(vi) The owner of the proposed short-term rental property has not paid all required past and current Transient Occupancy Taxes. The applicant, in applying for a short-term rental permit, shall prove to the satisfaction of the Planning Director that the owner has paid all past due and owing Transient Occupancy Taxes.
(e) Appeal to the City Manager. The decision of the Planning Director or designee may be appealed to the City Manager within 15 days of service of the decision.
Failure to timely appeal shall constitute a failure to exhaust administrative remedies. The City Manager’s decision is final.
Section 4.95.060. Maximum Number of Permits
The maximum number of unhosted short-term rental permits in the city shall be 200.
There is no limit on the number of hosted short-term rental permits that may be issued in the city. Short-term rental permit applications shall be reviewed on a first-come, firstPage 127 served basis with a wait list for new short-term rental permits once all authorized shortterm rental permits are issued.
Section 4.95.070. Operational Requirements
(a) The owner and owner’s agent shall ensure that the short-term-rental property complies with all applicable codes regarding fire, building and safety, health and safety, zoning, lighting, and all other laws and regulations. (b) Occupancy of the short-term-rental property shall always be limited to the limit stated on the short-term rental permit. Such occupancy shall not exceed two adults per bedroom, plus two additional adults, not including persons under 18 years of age; but the total number of persons, including persons under 18 years of age, may not exceed one person per 200 square feet of living space or 10 persons, whichever is less. Properties are limited to two adults per parking space provided.
(c) No party, wedding, or other gathering exceeding occupancy limits is permitted. (d) Parking is allowed only in designated driveways and garages and is not allowed in the yard or street at any time. The maximum number of vehicles at a shortterm-rental property at any time is also the minimum number of parking spaces required.
(e) Upon the request of the city, the owner or the owner’s agent shall respond in person at the short-term-rental property within 30 minutes of dispatch of notice by the city to correct a violation of this chapter or any other provision of this code. (f) No radio receiver, musical instrument, phonograph, loudspeaker, sound amplifier, or other any machine or device for the producing or reproducing of any sound may be operated on the short-term-rental property unless it is within a fully enclosed structure and is not audible at the property line of the short-term-rental property.
(g) Each short-term-rental property shall be equipped with one informational sign as described in the registration materials.
(h) Incessant barking from dogs heard beyond the property line are prohibited. (i) The owner shall include notice to renters of the requirements of this section and post a visible notice at the entrance to the short-term-rental property. (j) The minimum duration of stay is three nights. Rentals of less than three nights are prohibited.
(k) The person renting the short-term rental must be at least 25 years of age.
(l) The owner and owner’s agent shall ensure that operation of the short-term-rental property complies with all conditions of the short-term rental permit. (m) There shall be no subletting or sub-renting of short-term rental properties. (n) Quiet hours are from 9:30 p.m. until 7:00 a.m. on Monday, Tuesday, Wednesday, and Thursday. Quiet hours are from 10:00 p.m. until 8:00 a.m. on Friday, Saturday, Sunday, and any legal holiday. During quiet hours there shall be no noise coming from a short-term rental property that can be heard past the property line of the short-term rental property.
(o) Noise monitors will be required both inside and outside the premises. (p) No cameras may be installed on the interior of the property. All exterior cameras must be disclosed in any advertising.
(q) Thirty-minute contact numbers must be provided to the city and to all neighbors within two houses adjacent and across from the rental property. (r) A signed copy of the city rules must be kept on file by the owner and agent for inspection by the city.
(s) Each short-term rental property must have at least one period of three consecutive days each calendar month that the short-term rental property is not rented to any person.
Section 4.95.080. Agency and Certification
An owner may grant authority to an agent to act on behalf of the owner for purposes of fulfilling some or all the requirements of this chapter. The owner shall give prior written notice to the city of any grant of authority to an agent, including the identity and contact information for the agent. The owner shall promptly give the city written notice of any change to any such grant of authority of making such change. The use of an agent shall not excuse the owner from the owner’s obligations of this chapter. Agents and owners fulfilling any of the requirements of this chapter shall be annually certified by the city.
Section 4.95.090. Inspection and Audit.
Each owner and owner’s agent shall provide the city with access to the short-term rental property and to such related records, documents, tax returns, and bank accounts at any time during normal business hours as the city may determine are necessary for the purpose of inspection or audit to determine that the objectives and conditions of this chapter are being fulfilled. Upon receipt of three separate complaints in a one-year period regarding a short-term rental property, the city may hire a third-party contractor to investigate the short-term rental and the cost of such third-party contractor shall be paid by the owner of the short-term rental.
Section 4.95.100. Advertisement
(a) No person shall advertise the use of a property in the City as a short-term rental unless there is a current City issued short-term rental permit for that property. All advertisements for short-term rentals must include the City issued short-term rental permit number.
(b) There shall be no exterior signs or other structures except those permitted for a dwelling use in the zone.
(c) The following shall be clearly identified in any advertisement for a short-term rental:
(1) maximum occupancy;
(2) rules of conduct;
(3) parking requirements;
(4) quiet hours;
(5) statement that the guests are staying in a residential neighborhood and are required to respect the privacy and residential character of the neighborhood; (6) whether the short-term rental is hosted or unhosted (or both); (7) unhosted dates on the booking calendar; and
(8) three consecutive days per month that the short-term rental is not available for rent.
Section 4.95.110. Transient Occupancy Tax
(a) Except as provided in Paragraph B below, the owner is responsible for collecting and remitting transient occupancy tax to the city and shall comply with all provisions of Chapter 3.08 of this code concerning Transient Occupancy Taxes. (b) Beginning January 1, 2023, hosting platforms shall be responsible for collecting all applicable Transient Occupancy Taxes and remitting the same to the city. The hosting platform shall be considered an agent of the owner for purposes of transient occupancy tax collections and remittance. If the hosting platform fails to remit full payment of all Transient Occupancy Taxes due the City, the owner is responsible for full payment of all Transient Occupancy Taxes. (c) Owners shall be responsible for reporting information required for the calculation of Transient Occupancy Taxes pursuant to Section 3.08.070 even if a hosting platform is remitting the taxes due on their behalf.
(d) Owners making two or more late submittals in a 12-month period shall not have their short-term rental permit renewed upon expiration.
Section 4.95.120. Hosting Platform Responsibilities.
(a) Subject to applicable laws, hosting platforms shall, upon written request by the city, promptly disclose to the city each short-term-rental property listing located in the city, the host ID, listing ID, and names of the persons responsible for each such listing, the address of each such listing, the length of stay for each such listing, and the price paid for each stay.
(b) A hosting platform shall promptly remove any listing upon receipt of a take-down notice from the city indicating that a listing violates applicable legal requirements. (c) Beginning January 1, 2023, a hosting platform is responsible for collecting and remitting Transient Occupancy Taxes.
(d) A hosting platform shall not process or complete any booking transaction for any short-term rental, unless the short-term rental has a valid, current short-term rental permit issued by the City. The hosting platform shall require all hosts to include a valid permit number in a designated field dedicated to the permit number.
4.95.130 Short-Term Rental Permit Renewal
Unless revoked by the City earlier pursuant to this chapter, a permit to operate a shortterm rental expires and terminates automatically one year after the date of its issuance. (a) An applicant shall apply for renewal prior to the expiration of the permit on a form provided by the City no later than 30 days prior to permit expiration. The owner or authorized agent shall update the information contained in the original permit application, if any information has changed.
(b) An application for permit renewal received after 30 days prior to expiration of the current permit shall be treated as an application for a new permit. (c) Upon expiration of any short-term rental permit, it shall be of no further force, validity, or effect, and use of the property for short-term rental purposes shall cease.
(d) An initial inspection and/or renewal inspection may be conducted. The applicant shall submit the inspection fee with the application.
(e) The applicant shall provide evidence of, and self-certify compliance with, all requirements of the Transient Occupancy Tax Ordinance (Chapter 3.08 of this
Code). The applicant shall document each date on which the short-term rental was rented during the previous term of the permit.
(f) For a permit to be renewed, the applicant must demonstrate that the short-term rental complies with all requirements of this chapter.
(g) If the short-term rental property has been the subject of five confirmed violations of this chapter within the previous twelve months, the short-term rental permit shall not be renewed.
4.95.140 Permit Modification, Suspension, or Revocation In addition to civil, administrative, and criminal remedies, a short-term rental permit may be modified, suspended, or revoked upon any of the following grounds:
(a) The applicant made material misrepresentations on the permit application or request for renewal.
(b) The holder of the short-term rental permit or his or her agent has violated any of the provisions of the short-term rental permit or this chapter. (c) The conditions warranting approval of the short-term rental permit or renewal no longer exist.
(d) The property that is the subject of the short-term rental permit has had two or more violations of the Fountain Valley Municipal Code.
(e) The short-term rental use is detrimental to the public health, safety, or welfare. (f) The owner or the hosting platform failed to timely pay all Transient Occupancy Taxes relating to the property that is the subject of the short-term rental permit. (g) The owner shall be entitled to an adjudicative hearing prior to permit modification, suspension, or revocation. The hearing shall be held in front of the Planning Director, who shall serve as hearing officer. The decision of the Planning Director may be appealed to the City Manager within 15 days of service of the decision.
Failure to timely appeal shall constitute a failure to exhaust administrative remedies. The City Manager’s decision is final.
Section 4.95.150. Violations
(a) Any short-term rental operated, conducted, or maintained contrary to the provisions of this chapter shall be, and the same is declared to be, unlawful. (b) It is unlawful for any person, firm, corporation, or other entity to violate any provision of this chapter or to fail to truthfully answer any question on a shortterm rental permit application or renewal application.
(c) It is unlawful for any person, firm, corporation, or other entity to own, maintain, or operate a short-term rental without a short-term rental permit or to violate any condition of a short-term rental permit.
EXHIBIT C
1.13.070 Administrative fine.
(a) Amount. Fines for administrative citations shall be assessed in the amounts set forth in this section.
(b) Administrative citations are subject to:
(1) A fine not exceeding one hundred dollars ($100) for a first violation. (2) A fine not exceeding two hundred dollars ($200) for a second violation of the same ordinance within one year.
(3) A fine not exceeding five hundred dollars ($500) for each additional violation of the same ordinance within one year.
(c) Notwithstanding any other law, an administrative citation for a violation of local building and safety codes is punishable by the following:
(1) A fine not exceeding one hundred thirty dollars ($130) for a first violation. (2) A fine not exceeding seven hundred dollars ($700) for a second violation of the same ordinance within one year.
(3)
(A) A fine not exceeding one thousand three hundred dollars ($1,300) for each additional violation of the same ordinance within one year of the first violation.
(B) A fine not exceeding two thousand five hundred dollars ($2,500) for each additional violation of the same ordinance within two years of the first violation if the property is a commercial property that has an existing building at the time of the violation and the violation is due to failure by the owner to remove visible refuse or failure to prohibit unauthorized use of the property.
(d)
(1) Notwithstanding any other law, including subdivisions (b) and (c), an administrative citation for the violation of a short-term rental ordinance is punishable by the following:
(A) A fine not exceeding one thousand five hundred dollars ($1,500) for a first violation.
(B) A fine not exceeding three thousand dollars ($3,000) for a second violation of the same ordinance within one year.
(C) A fine not exceeding five thousand dollars ($5,000) for each additional violation of the same ordinance within one year of the first violation.
(e) Fines levied pursuant to paragraphs (2) and (3) of subdivisions (b) and (c), and paragraph (1) of subdivision (d), shall be subject to a hardship waiver to reduce the amount of the fine upon a showing by the responsible party to the City Manager no later than 30 days after the fine is imposed that the responsible party
has made a bona fide effort to comply after the first violation and that payment of the full amount of the fine would impose an undue financial burden on the responsible party.
(f) Continuing Violation. Each and every day during any portion of which any violation is committed, continued, maintained or permitted shall constitute a separate offense.
(g) Payments. If the responsible party does not make a timely request for a hearing, he, she or it must pay the administrative fine directly to the city of Fountain Valley within fifteen calendar days from the date the administrative citation is served.
Payment of a fine shall not excuse or discharge the failure to correct the violation(s) nor shall it bar further enforcement action by the city. (h) No Waiver. The payment of the administrative fine shall not constitute a waiver of the responsible party’s right to a hearing. A responsible party may pay the administrative fine within the fifteen calendar-day period and also obtain a hearing to protest the imposition of the administrative fine, provided that the responsible party makes a timely request for a hearing. (i) Obligation to Correct Violation. Nothing in this chapter shall be interpreted to mean that because a responsible party has paid the administrative fine he, she, or it is excused from correcting the violation. If the responsible party fails to correct the violation(s), subsequent administrative citations may be issued for the same violation(s). The amount of the fine for failure to correct the violation shall increase at a rate specified in this chapter.
EXHIBIT D
1.16.010 Violations—Penalty.
(a) It is unlawful for any person, firm or corporation to violate any provision or to fail to comply with any of the requirements of this code. A violation of this code shall constitute a misdemeanor; except that notwithstanding any other requirement of the code, any violation constituting a misdemeanor under this code may, in the discretion of the city attorney or other prosecutor, be charged and prosecuted as an infraction. Notwithstanding any other provision of this code to the contrary, any person convicted of a misdemeanor shall be punishable by a fine of not more than one thousand dollars or by imprisonment in the County Jail for a period of not more than six months or by both such fine and imprisonment. Each day such violation continues shall be regarded as a new and separate offense. (b) Any person charged and convicted of an infraction under the provisions of this code is punishable by:
(1) A fine not exceeding one hundred dollars ($100) for a first violation. (2) A fine not exceeding two hundred dollars ($200) for a second violation of the same ordinance within one year.
(3) A fine not exceeding five hundred dollars ($500) for each additional violation of the same ordinance within one year.
(c) Notwithstanding any other law, a violation of local building and safety codes determined to be an infraction is punishable by the following:
(1) A fine not exceeding one hundred thirty dollars ($130) for a first violation. (2) A fine not exceeding seven hundred dollars ($700) for a second violation of the same ordinance within one year.
(3)
(A) A fine not exceeding one thousand three hundred dollars ($1,300) for each additional violation of the same ordinance within one year of the first violation.
(B) A fine not exceeding two thousand five hundred dollars ($2,500) for each additional violation of the same ordinance within two years of the first violation if the property is a commercial property that has an existing building at the time of the violation and the violation is due to failure by the owner to remove visible refuse or failure to prohibit unauthorized use of the property.
(d)
(1) Notwithstanding any other law, including subdivisions (b) and (c), the violation of a short-term rental ordinance that is an infraction is punishable by the following:
(A) A fine not exceeding one thousand five hundred dollars ($1,500) for a first violation.
(B) A fine not exceeding three thousand dollars ($3,000) for a second violation of the same ordinance within one year.
(C) A fine not exceeding five thousand dollars ($5,000) for each additional violation of the same ordinance within one year of the first violation.
(e) Fines levied pursuant to paragraphs (2) and (3) of subdivisions (b) and (c), and paragraph (1) of subdivision (d), shall be subject to a hardship waiver to reduce the amount of the fine upon a showing by the responsible party to the Court no later than 30 days after the fine is imposed that the responsible party has made a bona fide effort to comply after the first violation and that payment of the full amount of the fine would impose an undue financial burden on the responsible party.
(f) In addition to the penalties provided in this section, any condition caused or permitted to exist in violation of any of the provisions of this code is a public nuisance and may be, by this city, abated as such by any lawful means, including injunctive relief. Each day such condition continues shall be regarded as a new and separate offense.
(g) In addition to the penalties and remedies provided in this section, any condition caused or permitted to exist in violation of any of the provisions of this code is also subject to a civil penalty of up to one thousand dollars per day for each and every day such condition continues.
CITY OF FOUNTAIN VALLEY
CITY COUNCIL
COUNCIL ACTION REQUEST
To: Honorable Mayor and Agenda Date: September 20, 2022 Members of the City Council
SUBJECT: Public Hearing FY 2021-22 Community Development Block Grant Consolidated Annual Performance and Evaluation Report
Three-Year Strategic Goals
☒ Enhance the culture and environment of “A Nice Place to Live” ☐ Attract and retain revenue producing businesses
☒ Achieve fiscal stability in accordance with the 20-Year Financial Plan ☐ Attract and retain quality staff
☐ Not applicable
EXECUTIVE SUMMARY:
Title I of the National Affordable Housing Act of 1990, as amended, requires the City of Fountain Valley (City) to prepare and submit a Consolidated Annual Performance and Evaluation Report (CAPER) to the U.S. Department of Housing and Urban Development (HUD), summarizing the annual accomplishments of the City’s Community Development Block Grant (CDBG) program, and specifying how the CDBG funding was utilized. The City has completed its CAPER in the format prescribed by HUD, which describes the programs implemented by the City in an effort to address the housing and community development goals and objectives outlined in its Consolidated Plan.
Staff is recommending that the City Council conduct a public hearing to obtain public input regarding the CAPER (Attachment 1), and, at its conclusion, approve the CAPER and authorize staff to submit the report to HUD for review and approval.
DISCUSSION:
One of the requirements for receiving CDBG funding from HUD is that recipients prepare a Consolidated Plan to govern the use of all federal funds. The Consolidated Plan is a five-year planning document that coordinates all elements of community development including housing, neighborhood improvement, economic development, and human services into a single plan, and serves to provide a unified vision of a community and its goals regarding the use of CDBG funding. The current City of Fountain Valley five-year Consolidated Plan covers the period of July 1, 2020 to June 30, 2025 and is titled the FY 2020-24 Consolidated Plan.
Public Hearing – FY 2021-22 CAPER
September 20, 2022
At the end of each fiscal year, HUD grantees are required to submit a report, in the format prescribed by HUD, which reviews and reports the programs implemented by the City that address the community development needs and priorities outlined in its Consolidated Plan.
This annual report is known as the CAPER.
The City’s FY 2020-21 CAPER reports on all Housing and Community Development programs and activities implemented by the City of Fountain Valley during FY 2021-22 and covers the second year of the FY 2020-24 Consolidated Plan. The CAPER also includes the accomplishments of activities funded using CDBG-CV funds provided to the City through the passage of the CARES Act, to fund programs that prevent, prepare for, and/or respond to COVID-19.
The FY 2020-24 Consolidated Plan outlines the following priorities:
1. Improve and preserve existing residential neighborhoods by implementing home, infrastructure, and public facility improvements, and code enforcement programs.
2. Address the needs of persons with special needs through the provision of financial assistance to public service agencies, and the removal of architectural barriers to the physically challenged.
3. Provide affordable housing opportunities for renter households through an on-going partnership with the Orange County Housing Authority.
4. Administer available federal, state, and locally funded housing and community development grant programs, including providing fair housing services and ensuring compliance with applicable state and federal regulations.
Highlights of the City’s accomplishments in implementing its FY 2020-21 housing and community development grant programs include:
1. 31 projects were undertaken under the City’s Home Improvement Program.10 rehabilitation grants, three (3) rebates and seven (7) lead based paint grants were completed at a total cost of $131,451 in CDBG funds. This includes program administration costs. An additional eight (8) grants and three (3) rebates are near completion spending an additional $76,452.
2. 227 properties located within the City’s low-income CDBG target areas had code violations identified and abated at a cost of $67,787 in CDBG funds.
3. 610 persons/households were provided services from five (5) non-profit organizations funded by the Public Service Agency (PSA) Grant Program. The six (6) programs included childcare scholarships, youth diversion services, congregate and home delivered meals for elderly, case management for developmentally disabled adults, and emergency and transitional shelter and services for domestic violence victims. $52,355 in CDBG funds were used for these services.
4. 124 unduplicated households were assisted by the Fair Housing Council of Orange
Public Hearing – FY 2021-22 CAPER
September 20, 2022
County, with the resolution of 345 issues between renters and landlords. Issues included security deposits, discrimination, substandard conditions, harassment, unlawful detainers, etc. Three clients were referred to outside agencies for assistance, the remaining issues were resolved in-house at a cost of $4,800.00 in CDBG funds.
5. 81 persons were assisted during year two of the Senior Social Services Program in Response to COVID. $14,480.00 of CDBG-CV funding was expended.
6. Small Business Emergency Assistance Grant assisted 35 low-income small business owners with $10,000 working capital grants. This grant was funded with $350,000 from the CDBG-CV allocation.
7. While not funded by CDBG, due to the partnership with the Orange County Housing Authority, 433 low-income renters received federally funded Housing Choice Vouchers (Section 8) in the City.
8. While not funded by CDBG, the Fountain Valley Housing Authority collaborated with an affordable housing developer for the construction of a 50-unit low-income apartment complex called Prado Family Homes.
A public meeting of the Housing and Community Development Advisory Board (HCDAB) was conducted on September 7, 2022, to review the draft FY 2021-22 CAPER. The HCDAB unanimously voted to forward a recommendation to City Council to approve the CAPER and submit the report to HUD prior to the September 30, 2022 deadline. No public comments were received.
FISCAL REVIEW:
No Fiscal Impact; however, submitting the CAPER is a regulatory requirement to receive CDBG funding from HUD. Failure to submit a CAPER would affect future CDBG funding.
PUBLIC NOTIFICATION:
A public notice was published in the Fountain Valley View on Thursday, August 25, 2022 announcing the public comment period and public hearing for the CAPER. The public comment period began on September 1, 2022 and ended on September 15, 2022. The public notice also advised of the public hearing before the City Council on September 20, 2022.
ENVIRONMENTAL IMPACT REVIEW:
Not applicable.
ATTORNEY REVIEW:
This does not require the Attorney for the City review or approval.
Public Hearing – FY 2021-22 CAPER
September 20, 2022
ALTERNATIVES:
Alternative No. 1: Conduct a public hearing to consider the City of Fountain Valley FY 2021- 22 CAPER and authorize staff to submit the final CAPER to HUD for approval by the September 30, 2022 deadline.
Alternative No. 2: Conduct a public hearing to consider the City of Fountain Valley FY 2021- 22 CAPER, make any needed amendments to the report, and authorize staff to submit the final CAPER to HUD for approval by the September 30, 2022 deadline.
RECOMMENDATIONS:
Staff is requesting City Council approval of Alternative No. 1 - Conduct a public hearing to consider the City of Fountain Valley FY 2021-22 CAPER and authorize staff to submit the final CAPER to HUD for approval by the September 30, 2022 deadline.
Prepared by: Ashlyn Newman, Housing Coordinator
Reviewed by: Omar Dadabhoy, Community Development Director Fiscal review by: Sherry Johnson, Interim Finance Director Approved by: Maggie Le, City Manager
Attachment:
1. FY 2021-22 CAPER