Agenda — Fountain Valley City Council, November 15, 2022 (part 1 of 4)

AGENDA

CITY COUNCIL/ SUCCESSOR

AGENCY TO THE FOUNTAIN

VALLEY AGENCY

FOR COMMUNITY DEVELOPMENT/

FOUNTAIN VALLEY HOUSING AUTHORITY
Study Session 5:00 p.m.

Regular Meeting 6:00 p.m.

Tuesday, November 15, 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.

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STUDY SESSION
CALL TO ORDER 5:00 p.m.

PUBLIC COMMENTS (Study Session matters only)
Persons wishing to speak on a Study Session matter are requested to identify themselves by completing a blue speaker card indicating the item they want to address and to give the card to the City Clerk prior to the public comment period. The City Clerk will call upon those that wish to speak.

1. 5-11 Marine Group Presentation – Presentation By Meghan Wishner and Ben Dieterle Present Financial Analysis of Current Budget with Previous 20-Year Financial Plan Forecast Introduction by Finance Director Ryan Smith; Presentation by David Cain

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

INVOCATION
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

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 – 6 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 November 1, 2022 Regular City Council Meeting

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3. Amend the FY 2022/23 Fleet Management budget in the amount of $50,000 for fuel, and authorize staff to increase the amount of PO# 230060 for bulk fuel by $34,000 Page 13 Staff is requesting City Council approval of Alternative No. 1 to amend the FY 2022/23 Fleet Management budget in the amount of $50,000 for fuel, and authorize staff to increase the amount of PO# 230060 for bulk fuel by $34,000.

4. Amendment No. 1 to CON-20-58 Median and Right-of-Way Landscape Maintenance Page 18 Staff is requesting City Council approval of Alternative No. 1 to approve Amendment No. 1 to CON-20-58 with Nieves Landscape, Inc. for Median and Right-of-Way Landscape Maintenance Services to extend the contract term two years and increase the annual contract amount by $24,836.76.

5. Approve a One-Year Amendment to a Three-Year Agreement with CSG Consultants, Inc. for Fire Plan Check Service through December 31, 2023 Page 36 Staff is requesting City Council approval of Alternative No. 1. Approve a one-year amendment to a three-year agreement with CSG Consultants, Inc. for fire plan check service through December 31, 2023

6. Award of Contract to Allegra Consulting, Inc. for Professional Services Page 54 Alternative No. 1 - Approve the contract for Allegra Consulting, Inc. to provide professional services for the FVCSP Branding Project and a budget amendment of $63,800

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

7. Second Reading and Adoption of an Ordinance of the City Council of the City of Fountain Valley Adopting by Reference the 2022 Edition of the California Fire Code as Modified. - Presentation by Michelle Rudaitis, Fire Marshall Page 140 Staff recommends that the City Council approve the adoption and second read of an ordinance adopting by reference the 2022 Edition of the California Fire Code as modified.

8. Public Hearing to Adopt an Ordinance Repealing and Reenacting Portions of Title 18 – Presentation by Darik Doggett, Building Official Page 155 Alternative No. 1:Approve the introduction and first read of an ordinance adopting by reference the California Building Codes as modified, and set a public hearing, second reading, and adoption of the ordinance on December 6, 2022.

9. Public Hearing and Introduction: Code Amendment No. 19-06 – An Amendment to Section 2.9 of the Fountain Valley Crossings Specific Plan – Presentation by Matt Jenkins, Senior Planner

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Staff recommends that the City Council select Alternative No. 1 and perform the following actions:
a. Approve the attached Resolution of the City Council of the City of Fountain Valley approving an MND/MMRP in accordance with the CEQA Guidelines; and b. Approve an introduction and first read of an Ordinance approving CA 19- 06; and c. Approve an introduction and first read of an Ordinance approving Development Agreement with the City of Fountain Valley and Becker Boards, Small LLC., for the construction of a new 73 foot-tall EMC with two displays.

ADMINISTRATIVE ITEMS

10. Approve Mailing of Notice of Proposition 218 Public Protest Hearing Regarding 2023-2027 Consumer Price Index (CPI) Increases for Republic (dba Rainbow) Residential Trash Collection Rates - Presentation by HyeJin Lee, Public Works Director Page 517 Approve Mailing of Notice of Proposition 218 Public Protest Hearing Regarding 2023-2027 Consumer Price Index (CPI) Increases for Republic (dba Rainbow) Residential Trash Collection Rates.

11. Approval of Amendment Number One with Harper and Burns LLP, Approving an increase in fees – Presentation by Maggie Le, City Manager Page 527 Staff recommends the City Council approve Amendment number one to contract number 21- 45 for Consultant Services with Harper and Burns.

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 December 6, 2022 at 6:00 p.m., in the Fountain Valley Council Chambers, 10200 Slater Avenue, Fountain Valley.

MINUTES OF THE

CITY COUNCIL/ SUCCESSOR AGENCY TO THE FOUNTAIN

VALLEY AGENCY

FOR COMMUNITY DEVELOPMENT/ FOUNTAIN VALLEY

HOUSING AUTHORITY
Closed Session 4:30 p.m.

Study Session 5:15 p.m.

Regular Meeting 6:00 p.m.

Tuesday, November 1, 2022
Council Chambers

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

PUBLIC COMMENTS (Closed Session matters only)

1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: 17101 Bushard Agency Negotiator: Maggie Le, City Manager, Omar Dadbhoy, Community Development Director, Ryan Smith, Finance Director, Ron Cookston, Fire Chief, Colin Burns, Attorney for the City Negotiating Parties: Kim Henry
Under Negotiation: Price and terms of payment
There was no reportable action

2. CONFERENCE WITH LEGAL COUNSEL--EXISTING LITIGATION
(Paragraph (1) of subdivision (d) of Section 54956.9)
Name of case: Petition of WISP (FCC WT Docket No. 19-270) There was no reportable action

3. CONFERENCE WITH LABOR NEGOTIATORS
Agency designated representatives: Mayor and City Manager Unrepresented employee: Attorney for the City
The Attorney for the City Recused himself from the Closed Session item.

The City Council directed staff to bring this item before Council at the November 15, 2022 Regular City Council Meeting.

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

PUBLIC COMMENTS (Study Session matters only)

1. Improving WiFi at Sports Park – Presentation by HyeJin Lee, Public Works Director HyeJin Lee presented options to the City Council for improving the WiFi at the Sports Park.

2. Universally Accessible Playground Funding – Presentation by Rob Frizzelle, Community Services Director
Rob Frizzelle presented the funding options for the Universally Accessible Playground and the need for such a playground at the Sports Park.

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

INVOCATION Mayor Pro Tem Kim Constantine
SALUTE TO THE FLAG Council Member Glenn Grandis

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

CITY MANAGER / MAYOR UPDATES
City Manager Maggie Le introduced the new Finance Director, Ryan Smith and the new IT Manager, Scott Kim.

ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS
Item 4 – An updated exhibit H was provided to the City Council and public.

PRESENTATIONS

1. Hyundai Check Presentation – Presented by Rob Frizzelle, Community Services Director and Hyundai Corporate Social Responsibility Team
Representatives from Hyundai, Michelle Karajellian, Brandon Ramirez and John Gustafaro presented checks to the community organizations and to the City.

2. Pension Funding Update – Presentation by Ryan Smith, Finance Director

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Dan Voss from GovInvest presented and update on the city’s pension funding to date.

3. Update on homelessness strategy – Presentation by Matt Sheppard, Chief of Police Chief Matt Sheppard presented the current homelessness strategy to the City Council.

4. SiFi Smart City Presentation – Presentation by HyeJin Lee, Public Works Director HyeJin Lee introduced Jess Brant and Adair Grover of SiFi. They presented the City Council with options for becoming a smart city.

FIRST CITY COUNCIL/ SUCCESSOR AGENCY/ HOUSING AUTHORITY/ PUBLIC COMMENTS (Unscheduled Matters Only)
Darrel Mymon-Brown, Tracy Cameron, Leston Trueblood and Prem Balani

CONSENT CALENDAR
Consent Calendar Items 1 – 3 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 Waive the reading in full of all ordinances under consideration and direct the Mayor to read by titles only.

MOTION: Grandis SECOND: Bui
AYES: Bui, Grandis, Vo, Constantine, Harper
NOES: None
ABSENT: None
ABSTAIN: None

2. Receive and File the Draft Minutes of the October 18, 2022 Regular City Council Meeting ACTION: Move to Receive and File the Draft Minutes of the October 18, 2022 Regular City Council Meeting
MOTION: Grandis SECOND: Bui
AYES: Bui, Grandis, Vo, Constantine, Harper
NOES: None
ABSENT: None
ABSTAIN: None

3. Approval of an Agreement between the City of Fountain Valley and the City of Anaheim for Urban Area Security Initiative (UASI) Grant Participation ACTION: Move to Approve an Agreement between the City of Fountain Valley and the City

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of Anaheim for Urban Area Security Initiative (UASI) Grant Participation MOTION: Grandis SECOND: Bui
AYES: Bui, Grandis, Vo, Constantine, Harper
NOES: None
ABSENT: None
ABSTAIN: None

PUBLIC HEARINGS

4. Central Cities Navigation Center; Second Memorandum of Understanding among Fountain Valley, Garden Grove and Westminster and Cooperation Agreement between City and Housing Authority to Implement Funding for Purchase of Real Property for Development and Operation of Navigation Center in Garden Grove
Public Hearing Opened: 7:50 p.m.

There were no public comments
Public hearing Closed: 7:51 p.m.

ACTION: Move to Approve the Central Cities Navigation Center; Second Memorandum of Understanding among Fountain Valley, Garden Grove and Westminster and Cooperation Agreement between City and Housing Authority to Implement Funding for Purchase of Real Property for Development and Operation of Navigation Center in Garden Grove
MOTION: Grandis SECOND: Constantine
AYES: Bui, Grandis, Vo, Constantine, Harper
NOES: None
ABSENT: None
ABSTAIN: None

ADMINISTRATIVE ITEMS

5. Adopt A Resolution of the City Council of the City of Fountain Valley Appointing Sherry Johnson as Interim Budget Manager Government Code Section 21221(h) and Approving a Retired Annuitant Contract
ACTION: Move to Adopt A Resolution of the City Council of the City of Fountain Valley Appointing Sherry Johnson as Interim Budget Manager Government Code Section 21221(h) and Approving a Retired Annuitant Contract

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MOTION: Vo SECOND: Grandis
AYES: Bui, Grandis, Vo, Constantine, Harper
NOES: None
ABSENT: None
ABSTAIN: None

6. Introduction and first read of an ordinance adopting by reference the 2022 Edition of the California Fire Code as modified, and set a public hearing, second reading, and adoption of the ordinance on November 15, 2022.

ACTION: Move to Approve the Introduction and first read of an ordinance adopting by reference the 2022 Edition of the California Fire Code as modified, and set a public hearing, second reading, and adoption of the ordinance on November 15, 2022.

MOTION: Vo SECOND: Constantine
AYES: Bui, Grandis, Vo, Constantine, Harper
NOES: None
ABSENT: None
ABSTAIN: None

COUNCIL MEMBER ITEMS FOR FUTURE CONSIDERATION
Mayor Pro Tem Constantine requested that the council verbally disclose if they have received campaign contributions from someone prior to the item being considered before City Council. There was no second.

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
October 20 Attended the Fountain Valley Connect, organized by the Chamber of Commerce October 21 Attended the FVHS Football game vs. Edison
October 29 Attended the Mayors Ball

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Council Member Vo
October 29 29 Congratulated Mayor Harper on a successful Mayors Ball Council Member Grandis
October 19 Attended the PCTA Board Meeting
October 25 Attended the Boys and Girls Club Board Meeting October 27 Attended the FV Regional Hospital Board Meeting October 28 Attended the Coffee with a Cop
October 29 Attended the Mayor’s Ball
October 31 Attended the Fountain Valley Hospital Halloween Parade Mayor Pro Tem Constantine
October 20 Attended the FV Chamber of Commerce FV Connect Breakfast, then the Community Foundation Volunteer Meeting that evening.

October 21 Attended the Fall Dance at the Senior Center.

October 22 Stopped by the Rotary’s Donations Collections for the Marines at the Senior Center, then attended the FVHS Baseball 2022 3rd Annual Cornhole Tournament, and the Green Valley Trunk or Treat Halloween event at Masuda Middle School.

October 24 Viewed the FV School Board Candidates Forum on Zoom.

October 25 Attended the Senior Center Halloween Luncheon, the FV Employee Health Fair at the Recreation Center, and the Green Valley Board Meeting in the Family Clubhouse.

October 26 Viewed the FV Planning Commission Meeting.

October 28 Attended the Measure HH Advisory Oversight Committee Meeting at City Hall.

October 29th, Attended the Halloween Costume Event at the Recreation Center, then the Mayor’s Ball at the Senior Center.

October 30 Attended the soft opening of Sports Basement, then participated in the 16th Annual Pediatric Trick or Treat Parade at Fountain Valley Regional Hospital.

November 1 Attended the Rotary Meeting in which Robyne of Robyne’s Nest gave a Presentation, then put away books as a volunteer at the FV Friends of the Library Bookstore.

Mayor Harper
October 24 Attended the OCTA Board Meeting
October 25 Attended the Halloween Lunch at the Senior Center October 26 Attended the San District Board Meeting and the OCTA Finance Committee Meeting
October 28 Attended the Coffee with a Cop
October 29 Attended the Mayor’s Ball
October 31 Attended the Fountain Valley Hospital Halloween Parade

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

AUTHORITY

Mayor Harper adjourned the meeting at 8:10 pm to the next Meeting of the Fountain Valley City Council on November 15, 2022 at 6:00 p.m., in the Fountain Valley Council Chambers, 10200 Slater Avenue, Fountain Valley.
________________________________________________________________________________________________________________________________ Patrick Harper, Mayor
Attest:
___________________________
Rick Miller, City Clerk

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CITY OF FOUNTAIN VALLEY

CITY COUNCIL

COUNCIL ACTION REQUEST
To: Honorable Mayor and Agenda Date: November 15, 2022
Members of the City Council
SUBJECT: Amend the FY 2022/23 Fleet Management budget in the amount of $50,000 for fuel, and authorize staff to increase the amount of PO# 230060 for bulk fuel by $34,000
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 City of Fountain Valley maintains and operates a fleet of over 150 vehicles, including fire apparatus, police patrol vehicles, police motorcycles, emergency response vehicles, heavy equipment, work trucks and passenger cars. Most of the fleet is powered by gasoline or diesel fuel, which is purchased at local gas stations using fuel cards. The City also purchases bulk gasoline and diesel fuel which is delivered to Fire Station Nos. 1 & 2.

The current adopted Fleet Management budget allocates a total of $315,000 for gasoline and $75,000 for diesel in FY 2022/23. However, based on the actual expenditures in FY 2021/22 for fuel, current usage, and continuing high fuel prices, staff is projecting that the City will need an additional $35,000 for gasoline and $15,000 for diesel fuel in FY 2022/23. Therefore, a budget amendment is being requested in the amount of $50,000 ($35,000 for gasoline; $15,000 for diesel).

In addition, staff is requesting authorization to increase PO# 230060 by a total of $34,000 ($12,000 for gasoline; $22,000 for diesel) so the Fire Stations can continue to receive bulk fuel deliveries for the remainder of the fiscal year.

DISCUSSION:

The City of Fountain Valley maintains and operates a fleet of over 150 vehicles, including fire apparatus, police patrol vehicles, police motorcycles, emergency response vehicles, heavy

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Budget Amendment for Fuel
November 15, 2022

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equipment, work trucks, and passenger cars. Most of the fleet is powered by gasoline or diesel fuel which is purchased at local gas stations using fuel cards. The City also purchases bulk fuel which is delivered to Fire Station Nos. 1 & 2. Fire Station No. 1 receives both gasoline and diesel fuel, while Fire Station No. 2 only receives diesel fuel. SC Fuels provides both fuel cards and bulk fuel deliveries.

Gasoline and diesel fuel are billed to two separate accounts within the Fleet Management Fund:
 112.50.50001.53552 Gasoline
 112.50.50001.53557 Diesel
The current adopted Fleet Management budget allocates a total of $315,000 for gasoline and $75,000 for diesel in FY 2022/23. However, based on the actual expenditures in FY 2021/22 for fuel, current usage and continuing high fuel prices, staff is projecting that the City will need a total of $350,000 for gasoline and $90,000 for diesel in FY 2022/23. Therefore, a budget amendment for $50,000 ($35,000 for gasoline; $15,000 for diesel) is necessary to provide sufficient funds for the fuel needs of the City’s fleet.

The bulk fuel deliveries to Fire Station Nos. 1 and 2 are purchased through PO# 230060 issued to SC Fuels in the current amount of $49,999, which allocates $6,249 for gasoline and $43,750 for diesel. The gasoline delivered to Fire Station No. 1 is used to fill up the City’s emergency support vehicles, while the diesel delivered to both fire stations is used to fill up the fire engines, pumper truck and tiller. In addition, the City also provides gasoline and diesel fuel to the contracted ambulances, per its agreement with Care Ambulance Service, Inc. (CON-20-55, Section 7 – Operations, Paragraph B – Fuel). Based on the actual expenditures in FY 2021/22, current usage, continuing high fuel prices and the fuel provided to the contracted ambulances, staff is projecting that an additional $34,000 ($12,000 for gasoline; $22,000 for diesel) will be needed on the PO to pay for the bulk fuel deliveries to Fire Station Nos. 1 & 2 for the remainder of the fiscal year. Since the additional funds will increase the PO to over $50,000, City Council approval is needed per the City’s Purchasing Policy. Therefore, staff is requesting authorization from City Council to increase PO# 230060 for bulk fuel by an additional $34,000 ($12,000 for gasoline; $22,000 for diesel), bringing the PO total to $83,999.

FISCAL REVIEW:

Budget Amendment
The current adopted Fleet Management budget allocates a total of $315,000 for gasoline and $75,000 for diesel in FY 2022/23. This is an increase of $35,000 for gasoline and $10,000 for diesel over the original FY 2021/22 budgets. However, record high fuel prices resulted in actual expenditures totaling $342,648.53 for gasoline and $86,626.84 for diesel in FY 2021/22. Based on the actual expenditures for gasoline and diesel in FY 2021/22, current usage and continuing high fuel prices, staff projects that the City will need $350,000 for gasoline and $90,000 for diesel in FY 2022/23. Therefore, a budget amendment for $50,000 ($35,000 for gasoline; $15,000 for diesel) is needed to provide sufficient funds for the fuel needs of the City’s fleet.

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Budget Amendment for Fuel
November 15, 2022

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GASOLINE – 112.50.50001.53552
FY 2021/22 FY 2022/23
Original Budget $280,000.00 Original Budget $315,000.00 Year End Actual $342,648.53 Projected Year End $350,000.00 Increase $ 62,648.53 Needed Budget Amendment $ 35,000.00 Diesel – 112.50.50001.53557
FY 2021/22 FY 2022/23
Original Budget $65,000.00 Original Budget $75,000.00
Year End Actual $86,626.84 Projected Year End $90,000.00 Increase $21,626.84 Needed Budget Amendment $15,000.00
The FY 2021/22 year end actual amounts and FY 2022/23 projected year end amounts for both gasoline and diesel are impacted by the City’s ambulance program. Per its agreement with Care Ambulance Service, Inc. (CON-20-55, Section 7 – Operations, Paragraph B – Fuel), the City will provide all fuel to dedicated units. The contracted ambulances use both gasoline and diesel based on the units assigned to the City. Although the fuel accounts will be reimbursed from the ambulance service fees collected by the City, the fuel accounts must be fully funded to meet the fleet’s day-to-day operational needs throughout the fiscal year.

The Budget Amendment appropriates $50,000.00 in increased expenditure appropriations from Fleet Management Fund unappropriated fund balance for $35,000 to the Gasoline account (112.50.50001.53552) and $15,000 to the Diesel account (112.50.50001.53557).

Purchase Order Change Order
PO# 230060 was issued to SC Fuels for bulk fuel on August 17, 2022, in the amount of $49,750. In order to facilitate the payment of an invoice for a bulk fuel delivery of gasoline to Fire Station No. 1, a PO change order request was submitted and approved on November 2, 2022, increasing the line item for gasoline by $249 and bringing the PO total to $49,999.

Staff is estimating that an additional $12,000 will be needed on the PO to pay for the bulk gasoline deliveries to Fire Station No. 1 and that an additional $22,000 will be needed for the bulk diesel deliveries to Fire Station Nos. 1 & 2 for the remainder of the fiscal year. Since the additional funds will increase the PO to over $50,000, City Council approval is needed per the City’s Purchasing Policy.

PO# 230060 – Bulk Fuel Original
Amount
11/2/22
Added $249
for Gasoline
Additional
Funds
Requested
New PO
Amounts
112.50.50001.53552 Gasoline $ 6,000 $ 6,249 $ 12,000 $18,249 112.50.50001.53557 Diesel $43,750 $43,750 $22,000 $65,750 Total $49,750 $49,999 $34,000 $83,999
The contracted ambulances fuel up at the City’s fire stations, utilizing some of the bulk fuel that is ordered through PO# 230060. The increased fuel amounts on PO# 230060 include an estimated $22,000 for ambulance fuel. Although the fuel accounts will be reimbursed from the

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Budget Amendment for Fuel
November 15, 2022

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ambulance service fees collected by the City, the bulk fuel PO must be fully funded to facilitate the necessary bulk fuel orders throughout the fiscal year.

PUBLIC NOTIFICATION:

Not applicable.

ENVIRONMENTAL IMPACT REVIEW:

Not applicable.

ATTORNEY REVIEW:

This does not require the Attorneys for the City review or approval. This action will be issued on a City approved purchase order form that provides standard terms and conditions which have been approved by the Attorneys for the City.

ALTERNATIVES:

Alternative No. 1: Amend the FY 2022/23 Fleet Management budget in the amount of $50,000 for fuel, and authorize staff to increase the amount of PO# 230060 for bulk fuel by $34,000. This is the recommended action.

Alternative No. 2: Authorize staff to increase the amount of PO# 230060 for bulk fuel by $3,000 for gasoline and $10,000 for diesel, and defer the amendment of the FY 2022/23 Fleet Management gasoline and diesel budgets to later in the fiscal year. There is sufficient funding in the gasoline and diesel accounts to fund this alternative. This is not recommended because it only provides a temporary fix. It does not provide sufficient funding for the remainder of FY 2022/23 to meet the fuel needs of the City’s fleet and bulk fuel needs of the Fire Department.

Alternative No. 3: Do not amend the FY 2022/23 Fleet Management budget for fuel and do not authorize increasing the amount of PO# 230060 for bulk fuel. This is not recommended because there are insufficient funds in the gasoline and diesel fuel accounts to meet the projected fuel needs of the City’s fleet for the remainder of the fiscal year. This alternative will also hinder the Fire Department’s ability to receive bulk fuel deliveries at the stations for the remainder of FY 2022/23 if the PO is not increased.

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Budget Amendment for Fuel
November 15, 2022

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RECOMMENDATION:

Staff is requesting City Council approval of Alternative No. 1 to amend the FY 2022/23 Fleet Management budget in the amount of $50,000 for fuel, and authorize staff to increase the amount of PO# 230060 for bulk fuel by $34,000.

Prepared by: Christine Smith, Senior Management Analyst, Public Works Reviewed by: Mark Sprague, Field Services Manager
Approved by: Hye Jin Lee, Director of Public Works
Fiscal review by: Ryan Smith, Finance Director
Approved by: Maggie Le, City Manager

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CITY OF FOUNTAIN VALLEY

CITY COUNCIL

COUNCIL ACTION REQUEST
To: Honorable Mayor and Agenda Date: November 15, 2022
Members of the City Council
SUBJECT: Approve Amendment No. 1 to CON-20-58 with Nieves Landscape, Inc. for Median and Right-of-Way Landscape Maintenance Services to extend the contract term two (2) years and increase the annual contract amount by $24,836.76
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:

City Council awarded a contract (CON-20-58) to Nieves Landscape, Inc. (Nieves) in the annual amount of $348,420.00 on December 15, 2020. The term of the contract commenced on January 1, 2021, and continues through December 31, 2022.

Per the terms of the contract, Public Works staff wishes to extend the contract for an additional two-year period through December 31, 2024.

Nieves has agreed to extend the contract through December 31, 2024, and has requested a

7.8% cost increase to the annual base maintenance amount of the contract, which is an increase of twenty-four thousand eight hundred thirty-six and 76/100 dollars ($24,836.76).

Staff is requesting that the City Council approve Amendment No. 1 to CON-20-58 with Nieves Landscape, Inc. for Median and Right-of-Way Landscape Maintenance Services to extend the contract term by two (2) years and increase the annual contract amount by $24,836.76.

DISCUSSION:

Fountain Valley has contracted for median and right-of-way landscape maintenance services since 2009 as a cost-saving measure.

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Amendment No. 1 to CON-20-58
November 15, 2022

Page 2 ends

In accordance with the City’s Purchasing Policies, Public Works staff developed and issued a comprehensive Request for Proposal (RFP) for Median and Right-of-Way Landscape Maintenance Services on September 3, 2020. The detailed scope of work covered landscape and hardscape maintenance for the City’s roadway medians, synthetic turf areas, parkways, open spaces, and sidewalks, including turf mowing, weeding, shrub pruning, groundcover trimming, litter pickup, trash removal, hardscape and sidewalk sweeping and cleaning, irrigation maintenance/repair, fertilization, chemical application, pest control, legal disposal of all materials, shrub planting, plant removal, mulching, synthetic turf maintenance, cleaning of appurtenances, etc. The RFP also increased the frequency of service to reflect the City’s desire to achieve an improved level of cleanliness and maintenance on the City’s medians and rightof-ways, especially with regard to weed and litter control.

Nine (9) landscape companies submitted proposals by the October 8, 2020, deadline in response to the publicly advertised RFP. After staff carefully evaluated the written proposals, factored in the cost proposals, and interviewed the top three (3) companies, City Council awarded a contract (CON-20-58) to Nieves Landscape, Inc. (Nieves) for $348,420.00 on December 15, 2020. The term of the contract commenced on January 1, 2021, and continues through December 31, 2022.

Per the terms of the contract, the City has the option to renew the contract, with contractor concurrence, for two (2) additional two-year periods on the same terms and conditions.

Public Works staff has managed all of the work performed by Nieves over the initial two-year term of the contract and has been satisfied with their performance. Therefore, staff wishes to extend the contract for an additional two-year period through December 31, 2024.

Per the terms of the contract, Nieves has agreed to extend the contract through December 31, 2024, and has requested a 7.8% cost increase to the annual base maintenance amount of the contract, which is an increase of $24,836.76. The requested cost increase is below the change in the published Consumer Price Index (CPI) from September 2020 to September 2022 of

12.8% for Los Angeles-Long Beach-Anaheim index (i.e. local index).

Extending CON-20-58 for two (2) years will support the City’s strategic goal of enhancing the culture and environment of “A Nice Place to Live” and attracting and retaining revenue producing businesses by maintaining the City’s median and right-of-way landscaping and hardscape in a clean, safe and attractive condition.

FISCAL REVIEW:

The annual cost of the amended contract is $373,256.76 per year, which includes a contingency of $30,000 for extra work. Since the amended contract does not take effect until January 1, 2023, the 2022/23 Fiscal Year is split between the current contract amount (July 1 – December 31, 2022) and the amended contract amount (January 1 – June 30, 2023).

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Amendment No. 1 to CON-20-58
November 15, 2022

Page 3 ends

FY 2022/23 Budget 100.50.50550.53010 $ 364,341.00
Original Base Contract Amount July 1 – Dec. 31, 2022 $ 159,210.00 Amended Base Contract Amount Jan. 1 – June 30, 2023 $ 171,628.38 Extra Work “Contingency” July 1, 2022 – June 30, 2023 $ 30,000.00 FY 2022/23 Total Cost $ 360,838.38
The FY 2022/23 General Fund Budget allocates a total of $364,341.00 for median and rightof-way landscape maintenance services. The current adopted budget includes sufficient funding for Amendment No. 1 to CON-20-58. It will be expensed to the General Fund in the Public Works Department, Rights-of-Way Service Contracts account (100.50.50550.53010).

The full financial impact of the amended contract is $746,513.50* for the two-year term, which breaks down as shown below.

Account Number FY 2022/23
Jan. 1 – June 30,
2023
FY 2023/24
July 1, 2023 –
June 30, 2024
FY 2024/25
July 1 – Dec. 31,
2024
100.50.50550.53010 $186,628.38* $373,256.76* $186,628.38* *Includes Extra Work “Contingency” Amount which abates unforeseen landscape/irrigation repair or additional planting as necessary.

PUBLIC NOTIFICATION:

Not applicable.

ENVIRONMENTAL IMPACT REVIEW:

Not applicable.

ATTORNEY REVIEW:

The Attorney(s) for the City has reviewed and approved Amendment No. 1 to CON-20-58.

ALTERNATIVES:

Alternative No. 1: Approve Amendment No. 1 to CON-20-58 with Nieves Landscape, Inc. for Median and Right-of-Way Landscape Maintenance Services to extend the contract term two years and increase the annual contract amount by $24,836.76. This is the recommended action.

Alternative No. 2: Do not approve Amendment No. 1 to CON-20-58 with Nieves Landscape, Inc. for Median and Right-of-Way Landscape Maintenance Services, and direct staff to issue a Request for Proposal. This is not recommended as staff has been satisfied with the quality, cost-effectiveness and overall efficiency of Nieves’ services, and staff believes that issuing an RFP would result in higher costs to the City and possible delays to service.

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Amendment No. 1 to CON-20-58
November 15, 2022

Page 4 ends

RECOMMENDATION:

Staff is requesting City Council approval of Alternative No. 1 to approve Amendment No. 1 to CON-20-58 with Nieves Landscape, Inc. for Median and Right-of-Way Landscape Maintenance Services to extend the contract term two years and increase the annual contract amount by $24,836.76.

Prepared by: Christine Smith, Senior Management Analyst Reviewed by: Mark Sprague, Field Services Manager
Approved by: Hye Jin Lee, Director of Public Works
Fiscal review by: Ryan Smith, Finance Director
Approved by: Maggie Le, City Manager
Attachments:

1. Amendment No. 1 to CON-20-58

Page 21 ends

AMENDMENT NO. 1
CON-20-58

MEDIAN AND RIGHT-OF-WAY LANDSCAPE MAINTENANCE SERVICES
This FIRST AMENDMENT to AGREEMENT CON-20-58 is made and entered into this 15th day of November, 2022, by and between the City of Fountain Valley (hereinafter “CITY”), a municipal corporation, and Nieves Landscape, Inc. (hereinafter “CONTRACTOR”), a California corporation.

Recitals
WHEREAS, CITY and CONTRACTOR previously entered into AGREEMENT CON-20-58 dated December 15, 2020, for Median and Right-of-Way Landscape Maintenance Services (hereinafter “AGREEMENT”) by which the CONTRACTOR shall provide landscape maintenance services outlined in the AGREEMENT; and WHEREAS, the term of the AGREEMENT commenced on January 1, 2021 and continues through December 31, 2022; and
WHEREAS, the AGREEMENT provides the option for CITY to renew the AGREEMENT, with CONTRACTOR concurrence, for two (2) additional two-year periods on the same terms and conditions as the original AGREEMENT; and WHEREAS, CITY has been satisfied with the performance of the CONTRACTOR and wishes to extend the AGREEMENT for a two-year period through December 31, 2024; and
WHEREAS, CONTRACTOR has requested, in accordance with the AGREEMENT, an increase of 7.8% to the annual base maintenance amount of the contract, which is an increase of TWENTY-FOUR THOUSAND EIGHT HUNDRED THIRTY-SIX AND 76/100 DOLLARS ($24,836.76), for the new two-year period, as reflected in Exhibit A attached hereto and incorporated by this reference; and WHEREAS, the total annual AGREEMENT amount shall be THREE HUNDRED FORTY-THREE THOUSAND TWO HUNDRED FIFTY-SIX AND 76/100 DOLLARS ($343,256.76), with a contingency of THIRTY THOUSAND AND 00/100 DOLLARS ($30,000.00) for extra work if CITY requests extra work in accordance with this AGREEMENT.

NOW, THEREFORE, the parties hereto AGREE as follows:

1. The AGREEMENT shall be extended for a two-year period, ending on December 31, 2024.

2. The annual base maintenance amount shall be increased in the total amount of TWENTY-FOUR THOUSAND EIGHT HUNDRED THIRTYSIX AND 76/100 DOLLARS ($24,836.76).

3. The total annual AGREEMENT amount shall be THREE HUNDRED

FORTY-THREE THOUSAND TWO HUNDRED FIFTY-SIX AND

Page 22 ends

76/100 DOLLARS ($343,256.76), with a contingency of THIRTY THOUSAND AND 00/100 DOLLARS ($30,000.00) for extra work if CITY requests extra work in accordance with this AGREEMENT.

4. Except as expressly amended herein, all other terms and conditions of the AGREEMENT, as amended, shall remain in full force and effect.

In witness whereof, the parties hereto have entered into this FIRST AMENDMENT the date and year first above written.

ATTEST: CITY OF FOUNTAIN VALLEY
___________________________ ___________________________ Rick Miller, City Clerk Patrick Harper, Mayor
APPROVED AS TO FORM: CONTRACTOR:

HARPER & BURNS LLP
___________________________ ___________________________ Attorneys for the City Owner
APPROVED AS TO CONTENT:
___________________________
Hye Jin Lee, Director of Public Works

Page 23 ends

EXHIBIT A

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October 13, 2022
Gilbert M. Lopez
Public Services Supervisor

CITY OF FOUNTAIN VALLEY
17300 Mt. Herrmann St.

Fountain Valley, CA 92708
RE: City of Fountain Valley Medians & ROW Landscape Maint. Services - Option Yrs. 2023-24 Dear Gilbert,
Thank you for the opportunity to continue doing business with you and the City of Fountain Valley.

Nieves Landscape, Inc. is committed to continually working with you and your team.

With the cost of everything increasing, it has also affected our cost to operate. Increasing costs for insurance including worker’s compensation, skyrocketing fuel prices, supply chain issues affecting the cost of materials and equipment, wage increases due to the lack of qualified laborers and drivers in the middle of labor shortage, Nieves Landscape is compelled to seek an increase for the landscape contract.

Nieves Landscape is requesting a 7.8% CPI increase adjustment as allowed in the Median and Right-of-Way Landscape Maintenance Services Agreement. The increase would be effective January 1, 2023. The total monthly increase amount would be $2,069.73 (annually $24,836.76).

Attached is the copy of CPI report for September 2022(released October 13, 2022) for All Urban Consumers (CPI-U) for the Los Angeles – Long Beach-Anaheim, CA area is 7.8%.

Current $ Proposed $
Base Term 2021-22 Opt. Yrs. 2023-24
City of Fountain Valley (monthly) (monthly)
TOTAL MONTHLY MAINTENANCE AMOUNT $26,535.00 $28,604.73
Nieves Landscape, Inc. is very grateful to work with your city appreciate and look forward to a mutually rewarding relationship.

Should you have any questions or require additional information, please feel free to contact me.

Respectfully Submitted,
Joshua Cho
Business Development
714-936-8862

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Percent Change Percent Change
Indexes 1 Month Indexes 1 Month
ending ending
Sep Aug Sep Aug Sep Sep Sep Aug Sep Aug Sep Sep
2021 2022 2022 2022 2022 2022 2021 2022 2022 2022 2022 2022 U. S. City Average.............................................................. 274.310 296.171 296.808 8.3 8.2 0.2 269.086 291.629 291.854 8.7 8.5 0.1 West........................................................................................... 291.053 314.013 315.094 8.1 8.3 0.3 283.830 307.003 307.937 8.4 8.5 0.3 West – Size Class A1................................................................. 299.082 322.401 323.649 8.0 8.2 0.4 290.234 313.057 314.164 8.1 8.2 0.4 West – Size Class B/C2................................................................. 169.977 183.543 184.088 8.3 8.3 0.3 170.528 184.964 185.435 8.7 8.7 0.3 Mountain3…………………………………………………114.160 124.731 125.163 9.6 9.6 0.3 115.140 126.066 126.443 9.8 9.8 0.3 Pacific3……………………………………………………… 112.710 121.024 121.439 7.6 7.7 0.3 113.542 122.304 122.678 7.9 8.0 0.3 Los Angeles-Long Beach-Anaheim, CA………….…………. 292.209 313.608 315.033 7.6 7.8 0.5 283.191 304.137 305.414 7.6 7.8 0.4 Percent Change Percent Change
Indexes 2 Months Indexes 2 Months
ending ending
Sep Jul Sep Jul Sep Sep Sep Jul Sep Jul Sep Sep
2021 2022 2022 2022 2022 2022 2021 2022 2022 2022 2022 2022 Riverside-San Bernardino-Ontario, CA3……………………. 115.557 125.262 125.272 9.2 8.4 0.0 116.254 126.084 125.762 9.5 8.2 -0.3 San Diego-Carlsbad, CA.………...................................……………. 324.138 347.462 350.721 7.3 8.2 0.9 308.351 331.914 334.068 7.9 8.3 0.6 Urban Hawaii………………………………………………….. 301.891 319.197 321.799 6.8 6.6 0.8 299.128 318.257 319.481 7.3 6.8 0.4 Percent Change Percent Change
Indexes 2 Months Indexes 2 Months
ending ending
Aug Jun Aug Jun Aug Aug Aug Jun Aug Jun Aug Aug
2021 2022 2022 2022 2022 2022 2021 2022 2022 2022 2022 2022 Phoenix-Mesa-Scottsdale, AZ4……………………………………………. 153.931 172.643 173.952 12.3 13.0 0.8 153.035 172.827 173.148 13.1 13.1 0.2 San Francisco-Oakland-Hayward, CA................................................... 311.167 330.539 328.871 6.8 5.7 -0.5 307.423 328.137 325.932 7.6 6.0 -0.7 Seattle-Tacoma-Bellevue, WA............................................. 299.704 326.656 326.796 10.1 9.0 0.0 295.410 321.626 322.664 9.5 9.2 0.3 Urban Alaska.……………………………………………. 239.899 268.916 258.149 12.4 7.6 -4.0 239.491 265.859 257.738 11.8 7.6 -3.1 NOTE: In January 2018, BLS introduced a new geographic area sample for the Consumer Price Index (CPI): www.bls.gov/regions/west/factsheet/2018cpirevisionwest.pdf 1967=100 base year indexes and tables with semiannual and annual average data are available at: www.bls.gov/regions/west/factsheet/consumer-price-index-data-tables.htm

MONTHLY DATA

BI-MONTHLY DATA
(Published for odd months)

BI-MONTHLY DATA
(Published for even months)
ending ending
Year
Release date October 13, 2022. The next release date is scheduled for November 10, 2022. For questions, please contact us at [email protected] or (415) 625-2270.

CONSUMER PRICE INDEXES PACIFIC CITIES AND U. S. CITY AVERAGE September 2022
(All items indexes. 1982-84=100 unless otherwise noted. Not seasonally adjusted.) ending
All Urban Consumers (CPI-U) Urban Wage Earners and Clerical Workers (CPI-W) Year Year
ending ending
Year
ending
Year
Year
1 Population over 2,500,000 2 Population 2,500,000 and under, Dec 1996 = 100 3 Dec 2017=100 4 Dec 2001=100

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Amendment No. 1 to CON-20-58 – Cost Proposal
Median and Right-of-Way Landscape Maintenance Services BID SCHEDULE “A” – MEDIANS & SYNTHETIC TURF AREAS (Base Bid) – Page 1 of 2 City of Fountain Valley 1 | P a g e ITEM
NO. DESCRIPTION UNIT APPROX. QUANTITY

MONTHLY
UNIT
PRICE
(FIGURES)
CPI 7.8%

INCREASE

MONTHLY
UNIT

PRICE W/

INCREASE
(FIGURES)

MONTHS ANNUAL CONTRACT COST (FIGURES)

MEDIANS
A-1 Newhope St. Lump Sum (per month) 11,867 Sq. Ft. $ 249.00 $19.42 $268.42 X 12 $3,221.04 A-2 Euclid St. Lump Sum (per month) 90,000 Sq. Ft. $ 2,124.00 $165.67 $2,289.67 X 12 $27,476.04A-3 Edinger Ave. Lump Sum (per month) 64,192 Sq. Ft. $ 1,441.00 $112.40 $1,553.40 X 12 $18,640.80A-4 Warner Ave. Lump Sum (per month) 91,608 Sq. Ft. $ 1,924.00 $150.07 $2,074.07 X 12 $24,888.84A-5 Talbert Ave. Lump Sum (per month) 71,560 Sq. Ft. $ 1,503.00 $117.23 $1,620.23 X 12 $19,442.76A-6 Brookhurst St. Lump Sum (per month) 82,977 Sq. Ft. $ 1,977.00 $154.21 $2,131.21 X 12 $25,574.52A-7 Magnolia St. Lump Sum (per month) 76,203 Sq. Ft. $ 2,212.00 $172.54 $2,384.54 X 12 $28,614.48A-8 Southpark Ave. Lump Sum (per month) 939 Sq. Ft. $ 20.00 $1.56 $21.56 X 12 $258.72A-9 Grace Ave. Lump Sum (per month) 939 Sq. Ft. $ 20.00 $1.56 $21.56 X 12 $258.72 A-10 Mt. Herrmann St. Lump Sum (per month) 906 Sq. Ft. $ 19.00 $1.48 $20.48 X 12 $245.76A-11 Harbor Blvd. Lump Sum (per month) 26,227 Sq. Ft. $ 581.00 $45.32 $626.32 X 12 $7,515.84A-12 Slater Ave. Lump Sum (per month) 15,412 Sq. Ft. $ 450.00 $35.10 $485.10 X 12 $5,821.20

SYNTHETIC TURF AREAS
A-13 Pauline Ln. Lump Sum (per month) 890 Sq. Ft. $ 13.00 $1.01 $14.01 X 12 $168.12

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Amendment No. 1 to CON-20-58 – Cost Proposal
Median and Right-of-Way Landscape Maintenance Services City of Fountain Valley 2 | P a g eBID SCHEDULE “A” – MEDIANS & SYNTHETIC TURF AREAS (Base Bid) – Page 2 of 2 ITEM
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A-14 Junco Ave. Lump Sum (per month) 750 Sq. Ft. $ 11.00 $0.86 $11.86 X 12 $142.32A-15 Currant Ave. Lump Sum (per month) 520 Sq. Ft. $ 8.00 $0.62 $8.62 X 12 $103.44A-16 Almond St. Lump Sum (per month) 1,142 Sq. Ft. $ 17.00 $1.33 $18.33 X 12 $219.96A-17 Sweetleaf St. Lump Sum (per month) 1,750 Sq. Ft. $ 26.00 $2.03 $28.03 X 12 $336.36A-18 Tanager Ave. Lump Sum (per month) 4,023 Sq. Ft. $ 60.00 $4.68 $64.68 X 12 $776.16A-19 Los Jardines West Lump Sum (per month) 2,810 Sq. Ft. $ 42.00 $3.28 $45.28 X 12 $543.36A-20 Ross St. Lump Sum (per month) 2,750 Sq. Ft. $ 41.00 $3.20 $44.20 X 12 $530.40A-21 Ellis Ave. Frontage Lump Sum (per month) 4,592 Sq. Ft. $ 69.00 $5.38 $74.38 X 12 $892.56A-22 Warner Ave. Well Site Lump Sum (per month) 4,596 Sq. Ft. $ 69.00 $5.38 $74.38 X 12 $892.56

EXTRA WORK
A-23 Extra Work (Contingency) Stipulated Amount $ 30,000.00 TOTAL ANNUAL BID SCHEDULE “A” CONTRACT COST WRITTEN IN WORDS TOTAL ANNUAL BID SCHEDULE “A” COST

WRITTEN IN FIGURES
One hundred ninety-six thousand five hundred sixty-three and 96/100 DOLLARS $ 196,563.96

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Amendment No. 1 to CON-20-58 – Cost Proposal
Median and Right-of-Way Landscape Maintenance Services BID SCHEDULE “B” – PARKWAYS & OPEN SPACES (Base Bid) – Page 3 of 4 City of Fountain Valley 3 | P a g e ITEM
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PARKWAYS
B-1 Buttonwood St. Lump Sum (per month) 2 Planters $ 7.00 $0.55 $7.55 X 12 $90.60 B-2 Euclid St. Lump Sum (per month) 47 Planters & 5,700 Sq. Ft. Parkway $ 212.00 $16.54 $228.54 X 12 $2,742.48B-3 Warner Ave. Lump Sum (per month) 9 Planters $ 81.00 $6.32 $87.32 X 12 $1,047.84B-4 Talbert Ave. Lump Sum (per month) 14 Planters $ 28.00 $2.18 $30.18 X 12 $362.16B-5 Brookhurst St. Lump Sum (per month) 13 Planters $ 29.00 $2.26 $31.26 X 12 $375.12B-6 Magnolia St. Lump Sum (per month) 32 Planters $ 99.00 $7.72 $106.72 X 12 $1,280.64B-7 Harbor Blvd. Lump Sum (per month) 11 Planters $ 18.00 $1.40 $19.40 X 12 $232.80B-8 Garfield Ave. Lump Sum (per month) 11 Planters $ 41.00 $3.20 $44.20 X 12 $530.40B-9 Heil Ave. Lump Sum (per month) 13 Planters $ 17.00 $1.33 $18.33 X 12 $219.96 B-10 Mt. Prieto St. Lump Sum (per month) 22 Planters $ 14.00 $1.09 $15.09 X 12 $181.08B-11 Slater Ave. Lump Sum (per month) 11 Planters $ 74.00 $5.77 $79.77 X 12 $957.24B-12 Ellis Ave. Lump Sum (per month) 8 Planters $ 11.00 $0.86 $11.86 X 12 $142.32B-13 Ward St. Lump Sum (per month) 23 Planters $ 63.00 $4.91 $67.91 X 12 $814.92

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Amendment No. 1 to CON-20-58 – Cost Proposal
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B-14 Newland St. Lump Sum (per month) 2 Planters $ 6.00 $0.47 $6.47 X 12 $77.64B-15 Calle Zaragosa and Avenida Cinco de Mayo Lump Sum (per month) 1 Planter $ 101.00 $7.88 $108.88 X 12 $1,306.56B-16 Calle Madero Lump Sum (per month) 1 Planter $ 13.00 $1.01 $14.01 X 12 $168.12B-17 Los Jardines West Lump Sum (per month) 1 Planter $ 4.00 $0.31 $4.31 X 12 $51.72B-18 Slater Ave. Frontage Including Los Jardines East Lump Sum (per month) 7 Frontage Planters $ 258.00 $20.12 $278.12 X 12 $3,337.44B-19 Bushard St. Frontage Lump Sum (per month) 10 Planters $ 234.00 $18.25 $252.25 X 12 $3,027.00B-20 Ellis Ave. Frontage Lump Sum (per month) 3 Frontage Planters $ 187.00 $14.59 $201.59 X 12 $2,419.08B-21 Magnolia St. Frontage Lump Sum (per month) 2 Frontage Planters $ 76.00 $5.93 $81.93 X 12 $983.16B-22 Garfield Ave. Frontage Lump Sum (per month) 1 Frontage Planter $ 58.00 $4.52 $62.52 X 12 $750.24B-23 Talbert Ave. Frontage Lump Sum (per month) 3 Frontage Planters $ 212.00 $16.54 $228.54 X 12 $2,742.48B-24 Warner Ave. Frontage Lump Sum (per month) 2 Frontage Planters $ 157.00 $12.25 $169.25 X 12 $2,031.00B-25 Phillips St. Frontage Lump Sum (per month) 1 Frontage Planter $ 121.00 $9.44 $130.44 X 12 $1,565.28B-26 Edinger Ave. Bridge Lump Sum (per month) 2 Planters $ 42.00 $3.28 $45.28 X 12 $543.36B-27 Mow Route Lump Sum (per month) 24,252 Sq. Ft. $ 728.00 $56.78 $784.78 X 12 $9,417.36

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Amendment No. 1 to CON-20-58 – Cost Proposal
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(FIGURES)

MONTHS ANNUAL CONTRACT COST (FIGURES)
OPEN SPACES – OVERPASSES / UNDERPASSES
B-28 Brookhurst St. Offramp Lump Sum (per month) 6,342 Sq., Ft. $ 63.00 $4.91 $67.91 X 12 $814.92B-29 Bushard St. / I-405 Slope Lump Sum (per month) $ 580.00 $45.24 $625.24 X 12 $7,502.88B-30 Slater Ave. / I-405 Slope Lump Sum (per month) $ 1,020.00 $79.56 $1,099.56 X 12 $13,194.72B-31 Talbert Ave./ I-405 Slope Lump Sum (per month) $ 260.00 $20.28 $280.28 X 12 $3,363.36B-32 Ward St. / I-405 Slope Lump Sum (per month) $ 620.00 $48.36 $668.36 X 12 $8,020.32B-33 Warner Ave. Slope Lump Sum (per month) 11,000 Sq. Ft. $ 110.00 $8.58 $118.58 X 12 $1,422.96 OPEN SPACES – FLOOD CONTROL CHANNELS
B-34 Brookhurst St. / I-405 Lump Sum (per month) $ 20.00 $1.56 $21.56 X 12 $258.72B-35 Bushard St. / I-405 Lump Sum (per month) $ 90.00 $7.02 $97.02 X 12 $1,164.24B-36 Bushard St. / I-405 Lump Sum (per month) $ 120.00 $9.36 $129.36 X 12 $1,552.32B-37 Ward St. Lump Sum (per month) $ 60.00 $4.68 $64.68 X 12 $776.16B-38 Talbert Ave. East of I-405 Lump Sum (per month) $ 214.00 $16.69 $230.69 X 12 $2,768.28 OPEN SPACES – NATURE TRAILS
B-39 Nature Trail #1 Lump Sum (per month) 37,250 Sq. Ft. $ 373.00 $29.10 $402.10 X 12 $4,825.20B-40 Nature Trail #2 Lump Sum (per month) 2,500 Sq. Ft. $ 25.00 $1.95 $26.95 X 12 $323.40

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OPEN SPACES - MISCELLANEOUS
B-41 Mt. Langley St. & Spencer Ave. Lump Sum (per month) $ 40.00 $3.12 $43.12 X 12 $517.44B-42 Mt. Baldy Cir. Lump Sum (per month) $ 300.00 $23.40 $323.40 X 12 $3,880.80 TOTAL ANNUAL BID SCHEDULE “B” CONTRACT COST WRITTEN IN WORDS

TOTAL ANNUAL BID
SCHEDULE “B” COST WRITTEN IN FIGURES
Eighty-seven thousand seven hundred eighty-three and 72/100 DOLLARS $ 87,783.72

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Amendment No. 1 to CON-20-58 – Cost Proposal
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MONTHS ANNUAL CONTRACT COST (FIGURES)

SIDEWALKS - ARTERIALS
C-1 Brookhurst St. Lump Sum (per month) 27,072 LF $ 563.00 $43.91 $606.91 X 12 $7,282.92 C-2 Bushard St. Lump Sum (per month) 29,977 LF $ 624.00 $48.67 $672.67 X 12 $8,072.04C-3 Edinger Ave. Lump Sum (per month) 22,332 LF $ 465.00 $36.27 $501.27 X 12 $6,015.24C-4 Ellis Ave. Lump Sum (per month) 25,157 LF $ 523.00 $40.79 $563.79 X 12 $6,765.48C-5 Euclid St. Lump Sum (per month) 15,090 LF $ 314.00 $24.49 $338.49 X 12 $4,061.88C-6 Garfield Ave. Lump Sum (per month) 9,815 LF $ 204.00 $15.91 $219.91 X 12 $2,638.92C-7 Harbor Blvd. Lump Sum (per month) 9,495 LF $ 197.00 $15.37 $212.37 X 12 $2,548.44C-8 Heil Ave. Lump Sum (per month) 17,852 LF $ 371.00 $28.94 $399.94 X 12 $4,799.28C-9 Lilac Ave. Lump Sum (per month) 4,619 LF $ 96.00 $7.49 $103.49 X 12 $1,241.88 C-10 Magnolia St. Lump Sum (per month) 26,500 LF $ 551.00 $42.98 $593.98 X 12 $7,127.76C-11 Newhope St. Lump Sum (per month) 32,552 LF $ 677.00 $52.81 $729.81 X 12 $8,757.72C-12 Newland St. Lump Sum (per month) 10,200 LF $ 212.00 $16.54 $228.54 X 12 $2,742.48C-13 Slater Ave. Lump Sum (per month) 28,343 LF $ 590.00 $46.02 $636.02 X 12 $7,632.24C-14 Talbert Ave. Lump Sum (per month) 26,505 LF $ 551.00 $42.98 $593.98 X 12 $7,127.76

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Amendment No. 1 to CON-20-58 – Cost Proposal
Median and Right-of-Way Landscape Maintenance Services BID SCHEDULE “C” – SIDEWALKS (Base Bid) – Page 2 of 3 City of Fountain Valley 8 | P a g e ITEM
NO. DESCRIPTION UNIT APPROX. QUANTITY

MONTHLY
UNIT
PRICE
(FIGURES)
CPI 7.8%

INCREASE

MONTHLY
UNIT

PRICE W/

INCREASE
(FIGURES)

MONTHS ANNUAL CONTRACT COST (FIGURES)
C-15 Ward St. Lump Sum (per month) 17,858 LF $ 371.00 $28.94 $399.94 X 12 $4,799.28C-16 Warner Ave. Lump Sum (per month) 20,393 LF $ 424.00 $33.07 $457.07 X 12 $5,484.84 SIDEWALKS – MISCELLANEOUS
C-17 Mt. Hutchings St. Lump Sum (per month) 500 LF $ 10.00 $0.78 $10.78 X 12 $129.36C-18 Edinger Ave. & Mt. Ackerman Cir. Lump Sum (per month) 210 LF $ 4.00 $0.31 $4.31 X 12 $51.72C-19 Ward St. Lump Sum (per month) 200 LF $ 4.00 $0.31 $4.31 X 12 $51.72C-20 La Alameda Ave. Lump Sum (per month) 673 LF $ 14.00 $1.09 $15.09 X 12 $181.08C-21 Bushard St. Frontage Lump Sum (per month) 328 LF $ 7.00 $0.55 $7.55 X 12 $90.60C-22 Mt. Mills St. Lump Sum (per month) 245 LF $ 5.00 $0.39 $5.39 X 12 $64.68C-23 La Alameda Ave. Lump Sum (per month) 410 LF $ 9.00 $0.70 $9.70 X 12 $116.40C-24 Terrel St. Lump Sum (per month) 1,189 LF $ 25.00 $1.95 $26.95 X 12 $323.40C-25 Recreation Cir. Lump Sum (per month) 1,360 LF $ 28.00 $2.18 $30.18 X 12 $362.16 C-26 El Corazon Ave. Lump Sum (per month) 852 LF $ 18.00 $1.40 $19.40 X 12 $232.80 C-27 Phillips Ave. Lump Sum (per month) 280 LF $ 6.00 $0.47 $6.47 X 12 $77.64C-28 Fallenleaf Cir. Lump Sum (per month) 480 LF $ 10.00 $0.78 $10.78 X 12 $129.36

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Amendment No. 1 to CON-20-58 – Cost Proposal
Median and Right-of-Way Landscape Maintenance Services BID SCHEDULE “C” – SIDEWALKS (Base Bid) – Page 3 of 3 City of Fountain Valley 9 | P a g e TOTAL ANNUAL BID SCHEDULE “C” CONTRACT COST WRITTEN IN WORDS TOTAL ANNUAL BID SCHEDULE “C” COST

WRITTEN IN FIGURES
Eighty-eight thousand nine hundred nine and 08/100 DOLLARS $ 88,909.08

TOTAL ANNUAL CONTRACT COST
(BID SCHEDULES “A” + “B” + “C”)

WRITTEN IN WORDS

TOTAL ANNUAL CONTRACT COST
(BID SCHEDULES “A” + “B” + “C”)

WRITTEN IN FIGURES
Three hundred seventy-three thousand two hundred fifty-six and 76/100 DOLLARS $ 373,256.76

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CITY OF FOUNTAIN VALLEY

CITY COUNCIL

COUNCIL ACTION REQUEST
To: Honorable Mayor and Agenda Date: November 15, 2022
Members of the City Council
SUBJECT: Approve a One-Year Amendment to a Three-Year Agreement with CSG Consultants, Inc. for Fire Plan Check Service through December 31, 2023 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:

In September of 2016, the Fire Prevention Bureau piloted a study of outside fire plan check services to determine if outside fire plan checks could provide relief for the Fire Protection Analyst to redirect attention to other Fire Department objectives in a cost effective manner. In December 2019, City Council approved a three-year agreement with CSG Consultants, Inc. for plan check services through December 31, 2022. With both cost value and service exceeding expectations over the last three (3) years, Fire Department staff and CSG have a desire to extend the agreement until December 31, 2023 (one additional year).

DISCUSSION:

Since 2016, the City has seen an increase in plan check requests. Most cities in Orange County have a dedicated plan checker whose primary responsibility is plan checks. In addition to a full-time plan checker, a handful of cities also contract with outside vendors to keep up with the plan checks that otherwise would be delayed if they relied solely on in-house person.

The Fire Department has one Fire Prevention Analyst that has multiple job duties. It would be nearly impossible for this position to handle the numerous annual plan checks independently.

Staff conducted an RFP in 2020 and presented to Council, a choice to utilize CSG, which was based on level of experience, ability to provide services germane to the City of Fountain Valley, ease of pick-up and delivery of plans, added services (scanning of plans) and cost.

The following table reflected the estimated annual cost for Fire Plan Check Services based on the pricing proposed by each vendor, which shows that CSG had the lowest pricing.

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CSG Consultants One-Year Extension
November 15, 2022

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CSG Dennis Grubb &
Associates Bureau Veritas 4Leaf West Coast Interwest
$38,115.00 $61,725.00 $68,750.00 $70,682.45 $71,385.00 $75,914.00 With both cost value and service exceeding expectations over the last three (3) years, Fire Department staff and CSG have a desire to extend the agreement until December 31, 2023 (one additional year).

FISCAL REVIEW:

Sufficient funds have been included in the budget for the last three (3) fiscal years for fire plan check contract services and there will be sufficient funds through December 31, 2023.

PUBLIC NOTIFICATION:

Not applicable.

ENVIRONMENTAL IMPACT REVIEW:

Not applicable.

ATTORNEY REVIEW:

ALTERNATIVES:

Alternative No. 1: Approve a one-year amendment to a three-year agreement with CSG Consultants, Inc. for fire plan check service through December 31, 2023.

Alternative No. 2: Do Not approve a one-year amendment to a three-year agreement with CSG Consultants, Inc. for fire plan check service through December 31, 2023, and advise staff of an alternative action plan.

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CSG Consultants One-Year Extension
November 15, 2022

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RECOMMENDATION:

Staff is requesting City Council approval of Alternative No. 1. Approve a one-year amendment to a three-year agreement with CSG Consultants, Inc. for fire plan check service through December 31, 2023.

Prepared by: Michelle Rudaitis, Fire Marshal
Approved by: Ron Cookston, Fire Chief
Fiscal review by: Ryan Smith, Finance Director
Legal review by: Colin Burns, Attorney for the City
Approved by: Maggie Le, City Manager
Attachment 1: Original CSG Contract 19-70 (Munis Contract # 1112) Attachment 2: Amendment #1; CSG Agreement for Fire Plan Checks for the City

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Amendment No. 1
Agreement for Fire Plan Checks for the City
Con 19-70 (Munis # 1112)
THIS FIRST AMENDMENT is made and entered this 15TH DAY OF November 2022, by and between the City of Fountain Valley (hereinafter "CITY") a municipal corporation, and CSG Consultants Inc., a California corporation (hereinafter "CONSULTANT").

Recitals
WHEREAS, CITY and CONSULTANT have previously entered into an Agreement for Contract Services CON-19-70 dated January 1, 2020, attached hereto as Attachment "A" (AGREEMENT); and
WHEREAS, the AGREEMENT expires on December 31, 2022;
WHEREAS, the CITY and CONSULTANT do now desire to extend the AGREEMENT until and including December 31, 2023 ; and
WHERAS, all other terms and conditions of the AGREEMENT shall remain in effect.

NOW, THEREFORE, the parties hereto agree as follows:

1. That the AGREEMENT is extended until and including December 31, 2023 after which it shall expire unless extended pursuant to an agreement between the parties.

2. Except as amended by this FIRST AMENDMENT, all other terms and conditions of the AGREEMENT shall remain in effect

3. CITY shall pay CONSULTANT in accordance with Attachment “A”.

In witness whereof, the parties hereto have entered into this FIRST AMENDMENT the date and year first above written.

ATTEST: CITY OF FOUNTAIN VALLEY
City Clerk Mayor
APPROVED AS TO FORM: CONSULTANT:

Attorney for the City CSG Consultants, Inc.

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CITY OF FOUNTAIN VALLEY

CITY COUNCIL

COUNCIL ACTION REQUEST
To: Honorable Mayor and Agenda Date: November 15, 2022
Members of the City Council
SUBJECT: Award of Contract to Allegra Consulting, Inc. for Professional Services EXECUTIVE SUMMARY:

The City Fountain Valley released a Request for Proposals (RFP) to hire a professional firm to provide services and develop a brand identity program that will create awareness and a physical identity promoting the Fountain Valley Crossings Specific Plan (FVCSP).

Staff recommends that the City Council award a contract with Allegra Consulting, Inc. for professional services to develop a brand identify program for the FVCSP.

DISCUSSION:

At the City Council Study Session on April 19, 2022, the then Deputy City Manager, Maggie Le, presented the City Council with an update on the marketing plan for the FVCSP. Under direction of the City Council, staff prepared an RFP to hire consulting services to provide services and develop a brand identity program creating awareness to the project area.

On January 23, 2018, the Fountain Valley City Council adopted the FVCSP, which contains the development regulations for the Crossing Specific Plan area generally located south of Talbert Avenue, north of Ellis Avenue, east of Ward Street, and west of the Santa Ana River.

The purpose of the FVCSP is to create a policy and zoning framework that will allow for additional land-use flexibility. The FVCSP area consists of the approximate 162-acres of light industrial/commercial uses in the southeastern portion of the City. The land use flexibility is intended to allow property owners and businesses to continue to operate and to provide a design framework in which a community activity center district could be created through private investment. The intent of the FVCSP is not to cause overnight changes but to foster future changes by promoting reinvestment and guide future reuse of the existing industrial business park with a mix of uses including retail, office, residential and industrial uses while providing for streetscape improvements that encourage community connectivity and gathering. The FVCSP includes policy and program components to address proposed building form, height, development standards and strategies for open space, community benefits, and circulation. These standards also

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City Council Request
Contract for FVCSP Branding Project
November 15, 2022

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effectively define and limit maximum foreseeable future growth that could occur within the FVCSP area.

The City of Fountain Valley has chosen Allegra Consulting to provide professional services to develop a brand identity program based on the framework set forth in the FVCSP. The branding project will address the following topics as detailed in Attachment #1:
• Testing the “Crossings” as a brand and specific plan area identifier; • Logo and graphics that communicate the brand identity; • Public outreach with existing property owners, businesses, and City Council; • Strategy and marketing plan to create brand awareness; • Physical improvements that could be implemented by public and/or private investments that create identity of the specific plan such as street, bicycle and pedestrian amenities, signage and/or banners, style and type of art, and street enhancements, etc.;
• Presentation(s) to stakeholders, community members, Planning Commission & City Council.

Over the next several months, Allegra Consulting will be performing the above listed tasks to develop the brand identity program. Staff will assist the consultant when necessary and will prepare a report back to City Council by mid-2023.

PROCUREMENT:

In accordance with City’s Purchasing Policies, the City of Fountain Valley issued an RFP for Fountain Valley Crossing Specific Plan Branding Project (RFP 22-008) on September 14, 2022. The RFP was publicly advertised through Planetbids with an invitation through the City’s website. Forty (40) companies showed interest in the RFP and down loaded the RFP. The RFP closed on October 11, 2022 and three (3) firms submitted proposals.

There was a proposal scoring session and a discussion session followed by Cost proposal scoring. The first round was evaluating the proposals on a 10-point system with a weighted score of 800 (80%) in three areas: General Approach & Work Plans, Qualifications & Experience, and References/Past Performances. Next, where all three evaluators discussed weaknesses, strengths and similarities. Throughout the discussion, all three had agreed on the initial scoring and decided to open the costs. Costs were electronically scored through Planetbids with a weighted score of 200 (20%) and added to the Proposal scores to get a complete score.

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City Council Request
Contract for FVCSP Branding Project
November 15, 2022

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Allegra is recommended because of their proven expertise, past performance, clear proposal, and even though Allegra was not the lowest bidder there, overall score still indicated that they were the best match for the City’s needs. Another favorable aspect of Allegra was that the City was able to negotiate the pricing with Allegra which brought them lower then what they proposed. Original proposal amount was $75,500 and has been revised to $58,000 as broken down in Attachment #2.

FISCAL REVIEW:

The total project expenditures required to fund the branding services provided by Allegra is $63,800. This amount includes $58,000 for the contract services and a 10% contingency amount of $5,800. The current fiscal year 2022-23 adopted budget does not have funds included for the branding services. The Budget Amendment appropriates $63,800 in increased expenditure appropriations from the General Fund (100.00.0000.39000) unappropriated fund balance into the General Fund Planning Department, Professional Services - Other account (100.30.30300.53004), where the services will be expensed.

ATTORNEY REVIEW:

The Attorney for the City has reviewed and approved the contract.

ALTERNATIVES:

Alternative No. 1: Approve the contract for Allegra Consulting, Inc. to provide professional services for the FVCSP Branding Project and a budget amendment of $63,800
Alternative No. 2: Do not approve the contract for Allegra Consulting, Inc.

Alternative No. 3: Continue the item for further consideration.

RECOMMENDATION:

Staff recommends Alternative No. 1: Approve the contract for Allegra Consulting, Inc. for Professional Services for the Crossings Branding Project.

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City Council Request
Contract for FVCSP Branding Project
November 15, 2022

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Prepared by: Matt Jenkins, Senior Planner
Reviewed by: Omar Dadabhoy, Community Development Director Review by: Ryan Smith, Finance Director
Procurement Review by: Amanda McCall, Mgmt Analyst/ Purchasing Officer Approved by: Maggie Le, City Manager
Attachment 1: Allegra Consulting Proposal dated October 11, 2022 2: Allegra Consulting Cost Revision

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1 SECTION #6 COST / FEE
(Separate Document)
Line
Item
Description Quantity Unit of Measure Unit Cost Total
Task 1 Communications
Coordination
Coordination and
Client Meetings,
24 24 thirty-minute meetings to
review weekly tasks, goals, and
assignments
$250.00 $6,000.00
Task 1 Study Sessions 2 FV Staff/Leadership Study Sessions $2,000.00 $4,000.00 Task 2 Community
Assessment
7 1. Research Methodology

2. Claritas

3. Landing Page

4. Surveys

5. Community Meetings

6. 1on1 Interviews

7. Report & Presentation
$2,500.00 $21,000.00
Task 3
A
Task 3
B
Task 3
C
Campaign
Development
6 1) Campaign Development
Strategy
2) Key Messaging
3) Visual Vocabulary
4) Collateral Materials (9)

1. Brochure

2. Email Flyers

3. Banners

4. Signage - Concepts

5. Articles for Publication

6. Social Media Content

7. Website Design

8. Direct Mailers

9. Outreach Flyers
5) Internet
Media/Advertisement (Optional
and not included in the total
budget - $4,500.00)
6) Language Translation
(Spanish)(Optional and not
included in total budget -
$4,500.00)
7) Photo Shoot
8) Videos (3)
$4,500.00 $27,000.00
Attachment #1

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2 Task 3 Website Development 9) Website Development Optional $15,000.00 (not
included in
total)
Task 4 Implementation Plan 1 Implementation Strategy as proposed.
(OPTIONAL)
$8,500.00 (Optional
and not
included in
the total)
Task 5 As Needed
Marketing, Education
and Support
TBD 1. Draft written materials

2. Staff counsel

3. As needed support
$150.00
per hour
TBD
TOTAL $58,000.00

HOURLY BILLING RATES
Project Manager $150.00
Project Coordinator $85.00
Communications Manager $95.00
Senior Creative Design Director $95.00
Graphic Design Associate $85.00
Website developer $95.00
Videographer $120.00
Photographer $150.00
Attachment #1

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RFP #22-008

FOUNTAIN VALLEY

CROSSINGS SPECIFIC

PLAN BRANDING

PROJECT
129 North Marengo Ave.

Pasadena, CA 91101
Tel: (626) 405-4848
Allegraconsulting.net
Amanda McCall, Mgmt. Analyst
City of Fountain Valley
[email protected]
(714)593-4413
October 11, 2022

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Where Brands Evolve

SECTION ONE
Section 1: Transmittal Letter
Where Brands Evolve

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ALLEGRA CONSULTING, PASADENA, CA 1

TRANSMITTAL LETTER
October 7, 2022
Ms. Amanda McCall, Mgmt. Analyst / Purchasing Office
City of Fountain Valley
[email protected]
(714)593-4413
Re: RFP – Fountain Valley Crossings Specific Plan Branding Project #22-008
Dear Amanda,
Allegra Consulting is responding to the City of Fountain Valley's request for a proposal to develop a brand identity program based on the framework set forth in the Fountain Valley Crossing Specific Plan (FVCSP).

Name of Firm Submitting Proposal: Allegra Consulting, Inc.

Understanding:

We understand that Fountain Valley seeks to hire a professional firm to provide services and develop a brand identity program that will create awareness and a physical identity promoting the FVCSP. Fountain Valley Crossings (name could change) offer flexible land use, and through private and public real estate investments, the areas will feature districts and activity cores that will draw new retailers, restaurants, and commercial business opportunities. We're excited to see FV take the next step with the Crossings and develop a destination that will attract people, partnerships, and investors, providing the City with additional revenue streams. We understand that FV seek the following but is not limited to these tasks and activities; • Public Outreach Strategy – Existing property owners, businesses, and City Council • Creative Design, Logo Development, and Brand Strategy (Possible Name Change) • Test the Brand Identity as a brand and specific plan area identifier • Strategic Marketing Plan that generates brand awareness and integrity • Design of collateral materials, including signage program, wayfinding, banner, pedestrian amenities, and iconic exterior placemaking.
• Community presentation for the new branding program to stakeholders, community members, planning commission & city council members.

Allegra's overall approach for this communication and branding effort is to move FV Crossings to become a destination for tourists, residents, and businesses. Our strategy is to conduct public outreach and create a strategy that features the Crossings as a destination of choice; culture, gastronomy, infrastructure, events, shopping, architecture, and more.

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ALLEGRA CONSULTING, PASADENA, CA 2
We have over 20 years of experience helping various public agencies and municipalities to develop and implement branding programs, communications strategies, and outreach campaigns. we've worked with the City of Fountain Valley on numerous projects, including the Fountain Valley Crossings specific plan, economic development website, and FV ICSC Real Estate Convention pop-up displays. We understand the significant role that Fountain Valley plays in ensuring that its businesses and community members are thriving.

Team Organization:

Name and title: Suzanne Madison, C.E.O.

Proposed Role: Project Manager and Point of Contact
Commitment of time available: 35%
Name and title: Gisele Afman
Proposed Role: Outreach and Marketing Manager
Commitment of time available: 35%
Name and title: Hannah Allen, Marketing & Project Coordinator Proposed Role: Marketing and Communication Coordination Commitment of time available: 35%
Name and title: Arlene Lozano, Senior Graphic Designer
Proposed Role: Graphic design, illustration, page layout, and digital media Commitment of time available: 35%
Name and title: Amanda Williams, Graphic Designer
Proposed Role: Graphic design, illustration, page layout, and digital media Commitment of time available: 35%
Name and title:  Jorge Barragan, Website Developer
Proposed Role:   Website Design and Developer
Commitment of time available: 35%
As we've done with FV in the past, we welcome the opportunity to discuss and brainstorm our proposed ideas, approach, and work plan in response to this RFP. Allegra Consulting, Inc. 129 North Marengo Avenue, Pasadena, CA 91101, (626)405-4848 Email; [email protected]
Contact Person and Authorized to Bind Firm:

Suzanne Madison

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ALLEGRA CONSULTING, PASADENA, CA 3

TABLE OF CONTENTS
SECTION #2 COMPANY EXPERIENCE
SECTION #3 KEY PERSONNEL/PAST PERFORMANCE
SECTION #4 APPROACH AND SCHEDULE
SECTION #5 REFERENCES
SECTION #6 COST / FEE

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Where Brands Evolve

SECTION TWO
Section 2: Company Experience
Where Brands Evolve

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ALLEGRA CONSULTING, PASADENA, CA 4
SECTION #2 COMPANY EXPERIENCE

ABOUT ALLEGRA AND OUR WORK IN SOUTHERN CALIFORNIA
Allegra Consulting, Inc. is a full-service, award-winning marketing and communications firm. Since 1997, Allegra has been at the forefront of innovation in community outreach, communication strategies, media tactics, messaging and language translations, analytics, and forward-thinking project management. Allegra's core business is serving public agencies, including; cities, counties, water districts, and public health offices.

Based in Pasadena, CA…Allegra has over 20 years of public sector communications strategy, marketing, and branding experience, and here is a short list of noteworthy projects:
• Southern California Association of Governments (SCAG); ADU Marketing Program, Online Survey, and Outreach Campaign in five jurisdictions; Garden Grove, Paramount, Santa Fe Springs, Buena Park, and the City of Compton and in various languages
• Pasadena Unified School District – Redistricting PUSD: Communication Strategy and Community Education Meetings and PUSD Superintendent's Enrollment Committee: Strategic Plan to Stabilize and Increase Enrollment
• City of Montebello; "One Step Closer to Ending Homelessness" Community Survey, Outreach Campaign and Report
• City of Fountain Valley, Economic Development, Website, ICSC Pop-up, and Various Media Programs
• West Basin Municipal Water District: Developed a Communications Strategy, Marketing, Branding, Digital Media, and Bilingual Outreach Campaign to educate residents about water conservation programs; facilitated virtual community meetings
• City of Pasadena, Department of Transportation, Marketing and Bilingual Outreach Program • City of Pasadena, Department of Public Health, Bilingual Outreach Campaign and Strategy • City of Pasadena, City Clerk's Office, Redistricting Pasadena: Strategy, Collateral Materials, Outreach and Community Presentations City of Pasadena, Department of Water and Power: Research, Developed Communication Strategy, and Outreach Media Program

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ALLEGRA CONSULTING, PASADENA, CA 5
• Long Beach Water Department: Agency-wide rebranding, integrated media program • County of Los Angeles Public Works, Generation Earth Project, Environmental Education, Internet Media, and Strategy
• County of Los Angeles, Public Health Department: Media and Outreach Services • Los Angeles County Development Authority, Economic Development Outreach, Media Services • City of San Gabriel, Multilingual Media Program and Communication Strategy • City of Azusa, Economic Development: Community Outreach and Town Hall Meetings • City of Azusa, Historic Preservation: Branding and Social Media Strategy • City of Fontana, Public Works: Marketing and Outreach Program • City of Chino, Economic Development: Marketing Campaign • City of Placentia, Branding and Economic Development Campaign • San Bernardino County Transportation, Graphic Design and Strategic 10-Year Plan • San Gabriel Valley Economic Partnership, Regional Marketing Campaign, and Outreach Campaign

RELEVANT WORK EXAMPLES
Client: City of Azusa
Project: Explore & More Economic Development and Azusa Historic Preservation and Communication Program
Project Dates: June 2018 – Ongoing
Allegra is currently working with the City of Azusa to provide communications and branding services. The following outlines two relevant projects; Explore & More – Economic Development, Campaign
designed to promote the historic and revitalized downtown area, hiking trails, recreation, and more. The Historic preservation campaign was developed to address the need to protect the City's historic charm, architecture, and values.
• Phase One - Research and Foundation
• Phase Two - Key Messaging Strategy and Positioning
• Phase Three - Brand Identity and Guidelines
• Phase Four - Collateral Materials
• Phase Five - Communication Strategy and Implementation Plan • Phase Six - Implementation of a regional shop local campaign to combat a multi-million-dollar leakage

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ALLEGRA CONSULTING, PASADENA, CA 6
The marketing and communication strategy can be found by going to this link https://1drv.ms/b/s!AspUcaF26j7Zgb9ecSLRtveeyk1ztA?e=k8XZo2 Examples of Economic Development Opportunity Sites for Various Real Estate Development Projects

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ALLEGRA CONSULTING, PASADENA, CA 7

Client: Southern California Association SCAG Accessory Dwelling Unit Marketing Program Project Name: Accessory Dwelling Unit Bundle - Buena Park, Garden Grove, Paramount, Santa Fe Springs and Compton
Project Dates: January 2022 - Current

Allegra is working with SCAG on a new ADU program planning assistance to help jurisdictions develop ADU implementation policies and programs. SCAGs program is designed to accelerate housing production, community needs, and implementation and to serve as best practices for cities in the Region. Allegra is part of a larger team and now working in four jurisdictions; Buena Park, Garden Grove, Paramount, and Santa Fe Springs. The media is presented in English, Spanish, Korean, Vietnamese, and Mandarin. Our tasks are as follows;
• Manage the ADU Interest Online Survey regarding ADU Interest and Process Improvement Needs
• Language and Media Translation
• Public Outreach and Marketing
• Project Webpage and City Eblasts
• Project Branding and Collateral Materials

The following is a working example, Santa Fe Springs ADU Program Materials; Social Media Workshop Announcements, Online Survey, and Project Web page

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ALLEGRA CONSULTING, PASADENA, CA 8

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Where Brands Evolve

SECTION THREE
Section 3: Key Personnel/Past
Performance
Where Brands Evolve

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ALLEGRA CONSULTING, PASADENA, CA 9
SECTION #3 KEY PERSONNEL/PAST PERFORMANCE

SUZANNE MADISON, PROJECT MANAGER
Suzanne Madison is Allegra's founder and CEO, responsible for many successful marketing projects geared toward attracting, developing, and retaining businesses in Los Angeles County area cities. She has led economic development, community development, and public sector branding projects that have won national and international awards. Her senior-level experience includes managing media budgets from inception to completion, implementing GIS mapping for community outreach, and implementing multifaceted marketing plans for various government agencies. Suzanne utilizes the latest smart tool technologies when completing projects and always drives Allegra toward developing and maintaining positive customer relations.

Qualifications/Relevant Experience:
• Southern California Association of Governments (SCAG) - Accessory Dwelling Unit Program for Buena Park, Garden Grove, Paramount, Santa Fe Springs, and Compton.

Services include; branding, style guides, five online community surveys, outreach collateral, education materials, five project web pages explaining the ADU process, and social media content development.
• City of Azusa – Economic development program, downtown-specific plan, branding, community conversations, and reporting, community outreach, marketing plan, place branding; signage, banners, shop local campaign, planning department, and historic preservation branding campaign.
• San Gabriel Valley Economic Partnership, 31 City Collaboration – Worked with 31 San Gabriel Valley Cities to co-brand and marketing outreach program to attract International Investor to the Region. The campaign debuted at the 2019 ICSC Conference in Las Vegas.
• City of Fountain Valley – Worked alongside of the economic development department to design and build https://experiencefv.org/ | FV Pop-Up Display, citywide collateral materials and resource materials for marketing the City. • County of Los Angeles, Safe Clean Water LA, worked with the SCW team on a communications plan, media audit, 100+ page website, implementation plan, longterm • Long Beach Water Department, Agency-wide rebranding, integrated media program.

Led the rebrand of Long Beach Water Department.

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ALLEGRA CONSULTING, PASADENA, CA 10

ARLENE LOZANO, SENIOR GRAPHIC DESIGNER
Arlene serves as Allegra's creative and multitalented graphic designer with extensive experience in multimedia, marketing, and print and digital design. Arlene brings the highest level of creative design and branding experience to Allegra's creative design. Arlene's creative design skills include brand identity, environmental graphics and signage, consumer packaging, presentations, and more. In addition, Arlene is responsible for designing and modifying all types of collateral materials, producing PowerPoint presentations, and overseeing printing and production. Before coming to work for Allegra, Arlene served as senior creative director for many top brands, such as Gelson's stores, Studio City Productions, and Neuro Skills. Arlene is proficient with Adobe Creative Suite CC - Illustrator, InDesign, Photoshop, MS PowerPoint, and Word Experience with HTML, website architecture, and social media.

Qualifications/Relevant Experience:
• Pasadena Unified School District Superintendents Enrollment Committee – Multiple campaigns and outreach materials. Online committee meetings and • County of Los Angeles, Safe Clean Water LA, Designed the website mockups and digital assets for the communications strategy.
• City of Pasadena, Redistricting Pasadena, Designed the Digital Media Assets • West Basin Municipal Water District, Communications Strategy, Marketing, Digital Media , and Bilingual Outreach Campaign. Designed Change & Save brand identity assets and style guide.
• City of Azusa, Historical Preservation Branding Campaign • Pasadena Unified School District Redistricting Outreach - Designed media that led to hosting 7 community outreach events
• Trial Lawyers College – Branding and Digital Media Design

GISELE AFMAN, COMMUNICATIONS MANAGER
Gisele is an innovative, forward-thinking, and motivated communications manager with vast experience creating content and developing brand identities. Gisele brings to each project a wealth of knowledge and guides communication strategies in a working direction.

Additionally, Gisele will oversee Fountain Valley's Public Outreach with existing property owners, businesses, and City Council and the Communication Strategy. Gisele thinks fast on her feet and is an excellent public speaker. Gisele received her Bachelor's in Marketing from Cal State Los Angeles in 2013.

Qualifications/Relevant Experience:
• West Basin Municipal Water District, Communications Strategy, Outreach Strategy, Marketing, Digital Media, and Bilingual Outreach Campaign • West Basin Municipal Water District, Community Survey and Methodology Development, Reviewed data to understand DAC area customers' behavior and pivoted campaign to address community needs.
• County of Los Angeles, Flood Control District, Safe Clean Water LA – Information audit and media assessment, project management, communication strategy, and outreach plan.

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Currently working with SCW on the website site map, site development and long-term maintenance program.
• County of Los Angeles, Public Health Department - Public Presentations, Digital Media, and Community Outreach, Monitors social media and digital media performance • City of Pasadena, Redistricting Pasadena, delivering community presentations and working as part of a larger team to build a strategic communications community outreach plan

JORGE BARRAGAN, WEBSITE DESIGN AND DEVELOPER
Jorge has over ten years of experience working in WordPress website development and is committed to designing exceptionally powerful online experiences. Jorge specializes in web design and development with a background in user interface design and experience (UI/UX), branding, and WordPress web development. He believes that for branding to be successful, it must be both thoughtfully designed and nicely. Jorge helps Allegra's clients stand out in competitive markets by using smart plugins and tools– making them look professional and polished while encouraging and empowering their brands.

Qualifications/Relevant Experience:
• Equality Lending – Financial Literacy Website
• Safe Clean Water LA – LA County Public Works, Website Design and Currently Developing the New Site
• West Basin Municipal Water District – Change&Save.com Program https://www.changesave.com/ • LA County Public Health Department – SmokeFreeCommunity.com • City of Fountain Valley – ExperienceFV.org
• Trial Lawyers College - TrialLawyersCollege.org

SUB CONSULTANTS
• Stan Long, Videographer
• Cameron Carothers Photography

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Where Brands Evolve

SECTION FOUR
Section 4: Approach and Schedule
Where Brands Evolve

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SECTION #4 APPROACH AND SCHEDULE
Businesses, stakeholders, and residents love Fountain Valley for various reasons; centrally located in Orange County, close to major transportation hubs, parks and recreation, thriving businesses, and food establishments, but most of all, it's a nice place to live and do business – FV's motto. Fountain Valley has so much to offer to its businesses and residents, and FV Crossings will continue to be a community destination offering flexible land use and new possibilities for businesses and residents to enjoy. . We believe that FV residents and businesses would be willing to have conversations around FV Crossings and its future as a destination. From recent work experience, we have learned how to engage with Fountain Valley residents, businesses, and community stakeholders.

Allegra will lead this engagement with all aspects of the FVCSP branding initiative and project management. The following is Allegra's approach to this engagement.

TASK 1 COMMUNICATION COORDINATION
Task 1A Communications Coordination
Allegra is awarded a contract from the City of Fountain Valley • Allegra coordinates a Kick-Off meeting with staff and key team members • Project team exchanges points of contact information
• Team Introductions and reviews of roles and responsibilities • Review project and scope of work to ensure that deliverables remain as proposed and or update scope to include new direction and timelines
• Determine weekly team meeting cadence, meeting preferences (virtual/in-person), and an agenda – we're proposing a 30-minute weekly client/team meeting to review the project and tasks to ensure that we're meeting objectives and deliverables • Access current, past, and relevant documents data from the development of the Crossings-specific plan
• Work with staff at a minimum of two Study Sessions (dates TBD) • Present top-level findings to staff and city leadership • Microsoft Excel will be used to organize the information • Asana is a tool that we use to organize information as a team and share creative tasks Timeline: November 2022 (ongoing team members to discuss project updates during duration of the contract)
Deliverables: Kick-off meeting and establish the scope of work, meetings, and key team members, agenda, and meeting follow-up notes

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Task 1B Research
• Community Assessment and Research
Our team will assess the community to understand the key attributes of the Fountain Valley Crossings audience and what resonates with them to deliver effective messaging on destination and place branding. Conversations with a broad range of community members and businesses will be important to gleaming insight into their destination branding and planning for the next twenty years. Our team will utilize this research and information to develop effective messaging for education and communication materials and marketing/branding campaigns with calls to action that motivate residents, local businesses, and community members to support the branding initiative.

The Research will include the following tactics and activities. o Research Methodology
The research process will guide the campaign direction. Our team will develop a research methodology that includes a qualitative and quantitative approach to gathering feedback from various techniques within the communities of Fountain Valley, including businesses, groups, and residents. Our communications team will work closely with FV to organize a list of key stakeholders, groups, or influential individuals, as well as a cross-section of citizens and business owners in FV Crossings and those outside who have a vested interest in ensuring the success of a destination project.
o 3rd Party Data
As part of our Research, we'll rely on 3rd Party Research Data Claritas used for market segmentation, population characteristics, and demographic/economic insights to discern economic strengths and challenges for FV and the Crossings. Claritas will also reveal how residents prefer to take in media, education levels, socio and economic status. This research will also provide insight on workforce, language spoken at home, and other characteristics that can be helpful in developing the brand, messaging, and positioning.
o Landing Page
Develop and deploy a branded landing page to serve as a data-gathering portal that provides information and education on the branding initiative for FV Crossings, the need to create a destination, and why we need and value residents' input. The landing page will connect respondents, residents, businesses, and visitors to QuestionPro, where a qualitative and quantitative survey will be placed. Having a landing page will provide the

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community and businesses with transparency and offer them the opportunity to voice their opinion, ideas and concerns about FV Crossings. The online survey will be offered in addition to community group conversation as outlined below. The online survey will be promoted on FV social media channels, website links, and an email collaboration with the existing businesses and stakeholders to increase the response and feedback.

Allegra will use public relations tactics to educate the community on the need for their feedback.

Community Surveys
QuestionPro.com is an online survey platform used to host and develop a comprehensive qualitative and quantitative survey. QuestionPro will assist with data management: survey collection, focus group collection, and interview feedback. At QuestionPro, they comply with major data theft prevention, data privacy, and data sharing laws.

Allegra has used QuestionPro for various research projects and finds their platform easy to use and integrate into our online media tools, which allows our team to gather more feedback. Our team will aim to collect up to 250 surveys over a sixty-day survey period using media tactics and incentives to drive residents and businesses to the online survey. Then, at the end of the business day, our team can review the response rate and data and provide updates during weekly client team meetings. At the end of the 60 days, Allegra will provide a comprehensive summary and report.

Creative means of public involvement to ensure that multiple segments of the community are aware of the project - If we find that our methodology is not producing the anticipated results, our team will organize a face-to-face outreach campaign where we attend FV events and table to collect feedback from the community at large. We aim to make this process inclusive.
o Community Meetings and Small Groups
Our team's goals will be to facilitate a series of (3) community meetings and or small groups.

The target audience for these outreach meetings and small groups will be community organizations, residents, local businesses, investors, real estate professionals, organizations, and stakeholders. The objective of the community meetings or small groups is to have quality conversations in smaller forums to better understand how FV Crossings should be branded as a regional destination, and how we compete for business attraction and retainment. Our

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team will work closely with FV staff to organize and facilitate these meetings, either inperson or virtually. Allegra will serve as a facilitator and provide feedback in the draft and final reports. The community meetings will be conducted simultaneously with the online surveys. Our team will develop a strategy to determine the existing attitudes, perceptions, opportunities, and challenges to enhance FV Crossing's image.

Allegra will serve as the facilitator during the research process and or testing of the new brand. The brand will be tested amongst destination and real estate professionals who have experience with engaging in destination brands.
o One-on-One Interviews
One-on-One Interviews with Key Leadership and Stakeholders – The objectives of these interviews are the have deeper conversations and discussions with thought leaders of organizations, community influencers, and key stakeholders and gain further insight into nuances within Fountain Valley, cultures, and forward direction. Our team will work in tandem with your staff to organize and develop a list of interviewees, Interview Questions, and collateral materials that explain the nature of FV Crossings. Allegra will work with staff to schedule One-on-One interviews through an online appointmentsetting application. During each interview is where we'll gather and record qualitative feedback from stakeholders that help shape the progress of the branding effort. Our goal is to collect up to 15 One-on-One Interviews during this process. The fifteen oneon-one interviews will be conducted simultaneously with the online surveys and community meetings.
o Report and Presentation
Assess and analyze the online surveys, Claritas data, community meetings, and one-onone interviews and prepare a top-level presentation on our findings. The report will provide insight into messaging strategies, attitudes toward a regional destination, and media consumption behavior. Additionally, the report will address cultural differences regarding destinations, engaging with diverse communities, and how we design the campaign to educate and gain support for FV Crossings. The presentation will summarize the community assessment and communications work plan.

Task #1B Timeline: November- February 2023
Milestones: Develop a Research Methodology
Purchase 3rd Party Data – Claritas
Analyze and Assess Claritas Data
Develop a Landing Page Portal
Develop an online survey in English and (one additional language)

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Organize, Planning, and Implementation of Community Meetings Organize, Planning, and Implementation of One-on-One Interviews Draft and Finalize the "Assessment of the Community" Report Recommendations on how to articulate the brand
Define Markets and Promotional Opportunities
Present Strategies to Promote and Create Brand Equity and Awareness Presentation (PowerPoint) to FV Leadership and Staff
Deliverables: Assessment, Draft, and Final Report
TASK 2 CAMPAIGN DEVELOPMENT
Task 2A Campaign Development
Our team will develop an integrated marketing and communication strategy that will become the playbook for how we implement and evaluate the campaign's success. The campaign will focus on place and destination branding and communication strategies that enhance the reasons why people will want to spend time and resources at the FV Crossings. We will work with community influencers and organizations to deploy the campaign. The campaign will build awareness around the
goals and objectives as driven by the research phase.

Campaign objectives:
• Drive awareness and communicate broad content about FV Crossings and opportunities
• Improve knowledge of what's available at FV Crossings and its future developments
• Promote the future of FV Crossings as a destination beyond the next two decades • Educate investors, residents and businesses
• Implement a campaign that motivates investors, residents and businesses to embrace FV Crossings
• Increase awareness and continue to build support for FV Crossings Messaging Platform
Our goals will be to create a messaging platform that educates, brands, and markets FV Crossings as a regional destination and culture hub. Messaging around our destination and place branding will inform, engage, and uplift the City of FV and the Crossings. Allegra's key messaging platform will provide a name for the campaign, brand, call to action, messaging, keywords, copy blocks, and more. The guide to our key messaging platform will consist of the following tactics:

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ALLEGRA CONSULTING, PASADENA, CA 17
• Research Summary ( From Task 1)
• Aggregated Demographics (Claritas)
• Brand Architecture
• Brand Traits and Personas
• Brand Touch Points
• Positioning Statements
o Target Market
o Brand
o Point of Differentiation (POD)
o Frame of Reference (FOR)
o Reasons to Believe (RTB)
• Messaging Framework
o Brand/Message
o Theme
o Pillars
o Differentiators
o Solutions
Task 2A Timeline: 30-days (February 2023)
Milestones: Campaign Development
Build awareness – Investment Opportunities
Increase awareness – What the Crossings offer today, tomorrow and the future
Motivate customers to visit and spend time at the Crossings Motivate customers to support new and existing businesses Deliverables: Develop an executable advertising and awareness campaign

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TASK 3 IDENTITY AND VISUAL VOCABULARY DEVELOPMENT
Task 3A Identity Visual Vocabulary Development
Assembling from the messaging, Allegra's creative team will design and develop an engaging and memorable graphic, identity, and visual vocabulary to express the distinctiveness of the FV Crossing's brand. All logo artwork developed by Allegra will be original, relevant,
distinguishable, and easy to manage. Our goal will be to create a memorable design that connects water to climate change. Using the research, information, and feedback captured during Task 1, our team will dissect the input and craft several draft logos and graphics. During this process, we anticipate interactions with FV's staff to give input and feedback to develop the logo and vocabulary. In addition to developing the brand, our team will produce a brand identity and style guide to help the entire team manage the campaign for the long haul. Our process will include working with FV's designated staff to develop the following items.
• Logo Development
Allegra's team will design three draft logos, revisions, and a final logo that provides a strong visual for promoting the campaign.
• Color Theory, Typography Presentations
Along with the logo development, our team will submit color palettes and typography for consideration.
• Present Draft Logos and Revisions
Our creative team will submit the logos FV staff for review, revisions, and consideration. • Final Logo Design
The final logo will be presented to FV staff and leadership for approval and subsequent meetings
• Brand Identity Style Guide
Brand Identity and Style Guide will include logos, color palettes, typography, graphics, imagery, messaging, and media application.

Task 3B Collateral and Outreach Materials
Our team will develop an integrated marketing and communication program supported by cohesive and comprehensive collateral materials. Task 1 will drive what types of collateral materials and languages we use to promote the campaign. We anticipate a suite of collateral materials including, but not limited to, outreach brochures, email flyers, banners, wayfinding signage program, social media content, website design and development, direct mailers, community outreach flyers, videos, and internet media.

Our objectives will be to design a

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suite of professional and memorable materials that express all things FV Crossings as a destination. Our team will use Adobe Creative Cloud to design and develop the collateral materials. Our project manager will submit draft media to FV staff for review and consideration. We will work as a collaborative team to refine the media based on client needs, research, and media consumption preferences. Materials will be in English and (another language) – if additional languages are needed, we'll discuss how we develop media to reach diverse audiences.

In addition to our recommendations, we'll work with FV staff to create their suggested media as listed below;
• Print and Electronic Advertising
• Website Design
• Media Placement
• Public Relations
• Events
• Templates
In Addition to the above-mentioned collateral materials, we're proposing the development of an online video that explains to the community in a visual and compelling manner the significance FV Crossings. A video is an excellent form of communication to enhance the campaign's visibility and its mission.

Task 3 Timeline: March/May 2023
Milestones: Campaign Strategy and Media Tactics
Key Messaging Platform and Call to Action
Logo Design and Development
Website Development
Wayfinding Signage Program – Design (Production TBD)
Design and Development (Suite) Collateral Materials
Internet Video
Deliverables: Strategic Communications Plan, Messaging, Logo, Collateral Materials

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TASK 4 CAMPAIGN IMPLEMENTATION PLAN
Campaign deployment, activities, and tactics
Allegra will develop an implementation plan that outlines activities, tactics and key performance indicators. The plan will be developed so that FV staff and leadership can easily understand our approach and how we measure success.

Launch Plan (Internal and External Strategy)
• Roll Out Plan with Details for Internal and External Audiences • Media Roll Out Calendar
• Media Promotion Budget – Estimated Costs for Media Placement • Implementation plan for brand identity application and touch points – maintenance plan
Task 4 Timeline: May/June 2023 (Implementation Period – 2 Years and will be defined in the implementation plan)
Milestones: Media Plan
Internal and External Audience Strategy
Media Implementation Calendar and Budget
Key Performance Indications – Media Measurements
Identification of Brand Touch Points and Maintenance

Deliverables: Implementation Plan, Budget and Strategy

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Where Brands Evolve

SECTION FIVE
Section 5: References
Where Brands Evolve

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ALLEGRA CONSULTING, PASADENA, CA 21
SECTION #5 REFERENCES
West Basin Municipal Water District
Mr. Gus Meza, Senior Policy Analyst
(310)660-6209
[email protected]
Type of Services: community engagement, branding,
and marketing
Key Personnel: Suzanne Madison, Brenda Morales,
Arlene Lozano and Jorge B.

City of Pasadena Water & Power
Mr. Jonathan Sun, Program Manager
(626)744-4005
[email protected]
Type of Services: Research, branding, and marketing
Key Personnel: Suzanne Madison, Brenda Morales, Arlene Lozano and Gisele Afman City of Azusa
Ms. Carina Campos, Economic Development
and Manuel Munoz, Planning Manager - Historic Preservation Program Phone: 626-812-5226
[email protected]
[email protected]
Type of Services: Economic development branding and marketing Key Personnel: Suzanne Madison, Brenda Morales, Arlene Lozano, Susan Hessler and Gisele Afman City of Pasadena
Mr. Mark Jomsky, City Clerk
(626)744-4709 (Direct)
(626)372-6769 (Cell)
Type of Services: Redistricting Pasadena – Community Outreach and Branding Campaign Key Personnel: Suzanne Madison, Brenda Morales, Susan Hessler, Arlene Lozano, and Gisele Afman County of Los Angles, Public Health Department
Mr. Claude Moradian, MPH, Program Manager
(213)351-7340
Claud Moradian [email protected]
Type of Services: Communications strategy, public relations, outreach, community meetings, and advancing public policy
Key Personnel: Suzanne Madison, Brenda Morales, Arlene Lozano and Gisele Afman SECTION #6 COST / FEE
(Separate Document)
End of proposal

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Where Brands Evolve
129 North Marengo Ave.

Pasadena, CA 91101
Tel: (626) 405-4848
Allegraconsulting.net

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AGREEMENT FOR CONSULTANT SERVICES
CON – –
This AGREEMENT is made and effective as of the EFFECTIVE DATE, by and between the City of Fountain Valley, a municipal corporation ("CITY") and ("CONSULTANT"). In
consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

1. TERM
This AGREEMENT shall commence on (“EFFECTIVE DATE”)
and remain and continue in effect until all tasks described herein are completed but in no event later than , unless sooner terminated or extended pursuant to the provisions of this AGREEMENT.

2. SERVICES
CONSULTANT shall perform the tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. CONSULTANT shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A.

3. NOTICE TO PROCEED
CONSULTANT shall not perform any work or be entitled to any compensation under this AGREEMENT until a written Notice to Proceed is issued by CITY. The Notice to Proceed shall not issue unless and until CONSULTANT submits proof, satisfactory to CITY, of its procurement of appropriate insurance required by this AGREEMENT. The failure of CONSULTANT to submit proof of appropriate insurance within 10 days of the EFFECTIVE DATE is a material breach and shall constitute cause for immediate termination of this AGREEMENT by CITY.

4. PERFORMANCE
CONSULTANT shall at all times faithfully, competently, and to the best of his/her/its ability, experience, and talent perform all tasks described herein.

CONSULTANT shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of CONSULTANT hereunder in meeting its obligations under this AGREEMENT.

5. CITY MANAGEMENT
shall represent CITY in
all matters pertaining to the administration of this AGREEMENT, including review and approval of all products submitted by CONSULTANT, but not including the authority to enlarge the tasks to be performed or change the compensation due to CONSULTANT.

The City Manager shall be authorized to act on CITY’S behalf and to execute all necessary documents that enlarge the tasks to be performed or change

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CONSULTANT's compensation, subject to Section 6 hereof.

6. PAYMENT
(a) CITY agrees to pay CONSULTANT in accordance with the payment rates, terms, and schedule of payment set forth in Exhibit A. This amount shall not exceed
Dollars ( ) (“TOTAL CONTRACT SUM”) for the total term of this AGREEMENT unless additional payment is approved as provided in this AGREEMENT.
(b) CONSULTANT shall not be compensated for any services rendered in connection with its performance of this AGREEMENT that are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. This written authorization requirement cannot be waived. CONSULTANT shall be compensated for any additional services in the amounts and in the manner as agreed to by the City Manager and CONSULTANT at the time CITY’s written authorization is given to CONSULTANT for the performance of said additional services. The City Manager’s authority to approve additional compensation is subject to Fountain Valley Municipal Code section 2.36.110. Approval of additional compensation that exceeds the City Manager’s authority as specified in Fountain Valley Municipal Code section

2.36.110 must be obtained from the City Council.

7. PUBLIC WORK
Notice is provided pursuant to Labor Code Section 1781 that all or a portion of the work contemplated in this AGREEMENT may constitute a “public work” as defined in Chapter 1, Part 7, and Division 2 of the Labor Code, to which Section 1771 applies. If all or a portion of the work contemplated under this AGREEMENT constitutes “public work,” then CONSULTANT shall pay prevailing wages, unless exempt, on those portions of the work which require payment of prevailing wages under the prevailing wage laws (Labor Code, §§ 1720 et seq.), and shall comply with the following:
(a) Prevailing Wage Rates. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages can be found at http://www.dir.ca.gov/OPRL/PWD/index.htm and are on file at City Hall, which shall be made available to any interested party upon request. CONSULTANT shall post a copy of the determination of the director of the prevailing rate of per diem wages at each job site. Said per diem wages are deemed to include employer payments for health and welfare, pension, vacation and travel time, and subsistence pay, all in accordance with Section 1773.1 of the Labor Code. (b) Payroll Records. The provisions of Section 1776 of the Labor Code regarding the preparation, maintenance, and filing of payroll records are applicable to this AGREEMENT. CONSULTANT and each subconsultant shall keep accurate payroll records showing the name, address, social security number, work classification, straight time, and overtime hours worked each day and week, and the

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actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him/her/it in connection with the public work. Certified payroll records shall be on forms provided by the Division of Labor Standards Enforcement or contain the same information. CONSULTANT’S AND ANY SUBCONSULTANT’S PAYROLL RECORDS SHALL BE SUBMITTED TO CITY ON A WEEKLY BASIS. CONSULTANT SHALL BE RESPONSIBLE FOR SUBMITTAL OF SUBCONSULTANT’S PAYROLL RECORDS. Additionally, CONSULTANT or subconsultant has ten (10) days in which to comply subsequent to receipt of a written notice requesting the records enumerated in Section 1776, subdivision (a), of the Labor Code. In the event that CONSULTANT or subconsultant fails to comply within the ten (10) day period, he/she/it shall, as a penalty to CITY, forfeit One Hundred Dollars ($100.00) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. CITY may deduct this penalty from any monies due or that may become due CONSULTANT under this AGREEMENT. (c) Penalty. CONSULTANT and any subconsultant under CONSULTANT shall, as a penalty to CITY, forfeit not more than Two Hundred Dollars ($200.00) for each calendar day, or portion thereof, for each worker paid (either by CONSULTANT or any subconsultant under CONSULTANT) less than the prevailing rate set forth herein on the work provided for in this AGREEMENT. CITY may deduct the penalty from any monies due or that may become due CONSULTANT under this AGREEMENT. The difference between the prevailing wage rates and the amount paid to each worker for each calendar day, or portion thereof, for which each worker was paid less than the prevailing wage rate shall also be paid to each worker by CONSULTANT or subconsultant, in accordance with Section 1775 of the Labor Code of the State of California.
(d) Apprentices. If applicable, the provisions of Labor Code Section 1777.5 requiring the use of apprentices in certain ratios to journeymen are hereby imposed upon CONSULTANT.
(e) Legal Day’s Work. In the performance of this AGREEMENT, not more than eight (8) hours shall constitute a day’s work, and CONSULTANT shall not require more than eight (8) hours of labor in a day from any person employed by him hereunder except as provided in Labor Code Section 1815. CONSULTANT shall conform to Article 3, Chapter 1, Part 7 (Sections 1810 et seq.), of the Labor Code of the State of California, and it is agreed that CONSULTANT shall forfeit to CITY as a penalty the sum of Twenty-Five Dollars ($25.00) for each worker employed in the execution of this AGREEMENT by CONSULTANT or any subconsultant for each calendar day during which any worker is required or permitted to labor more than eight (8) hours in any one (1) calendar day and forty (40) hours in any one (1) week in violation of said article. CITY may deduct this penalty from any monies due or that may become due pursuant to this AGREEMENT.

8. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE (a) CITY may at any time, for any reason, with or without cause, suspend or terminate this AGREEMENT, or any portion hereof, by serving upon CONSULTANT, at least thirty (30) days prior, written notice. Upon receipt of

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said notice, CONSULTANT shall immediately cease all work under this AGREEMENT, unless the notice provides otherwise. If CITY suspends or terminates a portion of this AGREEMENT such suspension or termination shall not make void or invalidate the remainder of this AGREEMENT. (b) In the event this AGREEMENT is terminated pursuant to this section, CITY shall pay to CONSULTANT the actual value of the work performed up to the time of termination, provided that the work performed is of value to CITY. Upon termination of the AGREEMENT pursuant to this section, CONSULTANT will submit an invoice to CITY detailing work performed up to the time of termination.

9. DEFAULT OF CONSULTANT
(a) CONSULTANT's failure to comply with the provisions of this AGREEMENT shall constitute a default. In the event that CONSULTANT is in default for cause under the terms of this AGREEMENT, CITY shall have no obligation or duty to continue compensating CONSULTANT for any work performed after the date of default and can terminate this AGREEMENT immediately by written notice to CONSULTANT. If such failure by the CONSULTANT to make progress in the performance of work hereunder arises out of causes beyond CONSULTANT's control, and without fault or negligence of CONSULTANT, it shall not be considered a default.
(b) As an alternative to the procedure for immediate termination for default set forth in subparagraph (a), if CITY determines that CONSULTANT is in default in the performance of any of the terms or conditions of this AGREEMENT, CITY may in its discretion cause to be served upon CONSULTANT a written notice of the default and demand to cure. CONSULTANT shall have ten (10) calendar days after service upon it of said notice to cure the default by rendering a satisfactory performance. In the event that CONSULTANT fails to cure its default within such period of time, CITY shall have the right, notwithstanding any other provision of this AGREEMENT, to terminate this AGREEMENT without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity, or under this AGREEMENT.

10. OWNERSHIP OF DOCUMENTS
(a) CONSULTANT shall maintain complete and accurate records with respect to the plans, specifications, estimates, drawings, design calculations, letters, reports, testing results, and other such information including as-built records as required by CITY that relate to the performance of services under this AGREEMENT. CONSULTANT shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. CONSULTANT shall provide free access to the representatives of CITY or its designees at reasonable times to such books and records; shall give CITY the right to examine and audit said books and records; shall permit CITY to make copies and transcripts therefrom as necessary; and shall allow inspection of all work, data, documents, proceedings,

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and activities related to this AGREEMENT. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment.
(b) Upon completion, termination, or suspension of this AGREEMENT all plans, specifications, engineer’s estimates, and other documents prepared in the course of providing the services to be performed pursuant to this AGREEMENT shall become the sole property of CITY and may be used, reused, or otherwise disposed of by CITY without the permission of CONSULTANT. With respect to computer files, CONSULTANT shall make available to CITY, at CONSULTANT's office and upon reasonable written request by CITY, the necessary computer software and hardware for purposes of accessing, compiling, transferring, and printing computer files.

11. INDEMNIFICATION
(a) Indemnification for Professional Liability. When the law establishes a professional standard of care for CONSULTANT’s services, to the fullest extent permitted by law, CONSULTANT shall indemnify, protect, defend, and hold harmless CITY and any and all of its officials, employees, and agents (“INDEMNIFIED PARTIES”) from and against any and all losses, liabilities, damages, costs, and expenses, including attorney’s fees and costs to the extent the same are caused in whole or in part by any negligent or wrongful act, error, or omission of CONSULTANT, its officers, agents, employees, or subconsultants (or any entity or individual that CONSULTANT shall bear the legal liability thereof) in the performance of professional services under this AGREEMENT. With respect to the design of public improvements, CONSULTANT shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in this AGREEMENT without the written consent of CONSULTANT. With respect to the duty to defend, if CONSULTANT is a design professional as defined in Civil Code Section 2782.8, in no event shall the cost to defend charged to the CONSULTANT exceed the CONSULTANT’s proportionate percentage of fault. However, notwithstanding the previous sentence, in the event one or more defendants in a suit is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, the CONSULTANT shall meet and confer with other parties regarding unpaid defense costs.
(b) Indemnification for Other Than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, CONSULTANT shall indemnify, defend, and hold harmless CITY, and any and all of its employees, officials, and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses, or costs of any kind, whether actual, alleged, or threatened, including attorneys fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this AGREEMENT by CONSULTANT or by any individual or entity for which CONSULTANT is legally liable, including but not limited to officers, agents, employees, or subconsultants of CONSULTANT.
(c) General Indemnification Provisions. CONSULTANT agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every subconsultant or any other person or entity

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involved by, for, with or on behalf of CONSULTANT in the performance of this AGREEMENT. In the event CONSULTANT fails to obtain such indemnity obligations from others as required here, CONSULTANT agrees to be fully responsible according to the terms of this section. Failure of CITY to monitor compliance with these requirements imposes no additional obligations on CITY and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend CITY as set forth here is binding on the successors, assigns, or heirs of CONSULTANT and shall survive the termination of this AGREEMENT or this section. Nothing in this indemnity shall be construed as authorizing any award of attorney’s fees in any action on or to enforce the terms of this Indemnity or AGREEMENT. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable.
(d) Indemnity Provisions for Contracts Related to Construction. This paragraph applies only when this AGREEMENT is related to construction. Without affecting the rights of CITY under any provision of this AGREEMENT, CONSULTANT shall not be required to indemnify and hold harmless CITY for liability attributable to the active negligence of CITY, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where CITY is shown to have been actively negligent and where CITY’s active negligence accounts for only a percentage of the liability involved, the obligation of CONSULTANT will be for that entire portion or percentage of liability not attributable to the active negligence of CITY.

12. INSURANCE
Prior to performing any work or receiving any compensation under this AGREEMENT, CONSULTANT shall obtain, and thereafter maintain for the duration of this AGREEMENT, insurance coverage as specified in Exhibit B, attached hereto and incorporated herein as though set forth in full.

13. WARRANTY FOR GOODS
(a) If this AGREEMENT includes the purchase of equipment, supplies, or chattel (hereafter “GOODS”), CONSULTANT shall provide the following warranty of said GOODS, or obtain a warranty from the manufacturer and/or retailer with provisions equal to or exceeding those specified in this Section. In the event the manufacturer’s warranty or retailer’s warranty do not equal or exceed the protections specified in this Section, CONSUTLANT agrees to provide said warranty protections.

The warranty described hereunder extends to the original purchaser of the GOODS warranted under the warranty, and to each transferee owner of the GOODS. The term of this warranty begins on the date the GOODS are delivered to CITY, and continues therefrom. CONSULTANT warrants that:
(1) The GOODS will function properly under normal use, will be of good workmanship, free from defect, of merchantable quality, and fit for CITY’s intended use;
(2) The GOODS will fully comply with any specifications provided by CITY and any samples or documentation provided by CONSULTANT; (3) The GOODS will be free of any security interests, liens, or encumbrances and CONSULTANT has title to the GOODS;

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(4) The GOODS will not violate any intellectual property rights of any third party;
(5) The GOODS will be delivered free of the rightful claim of a third person by way of infringement; and
(6) The GOODS are merchantable in accordance with Commercial Code Section 2314.
(b) The warranty listed above is in addition to any other warranties made by CONSULTANT, the manufacturer, retailer, or imposed by law. All warranties will survive inspection and payment by CITY and are assignable to CITY’s successors and assigns. If any GOODS do not meet the warranty, CITY may, at CITY’s option, and without additional cost to CITY:
(1) Require CONSULTANT to repair or replace the GOODS until the GOODS meet the warranty. If CONSULTANT cannot replace the GOODS and repair either is not commercially practicable or cannot be made within three (3) days, CONSULTANT will refund the purchase price;
(2) Return any of the GOODS to CONSULTANT at CONSULTANT’s expense for a full refund;
(3) Correct the nonconformance and charge CONSULTANT for the costs to make the correction; or
(4) Engage a third party to provide substitute GOODS and charge CONSULTANT for the costs of obtaining the substitute GOODS from the third party.

14. INDEPENDENT CONTRACTOR
(a) CONSULTANT is and shall at all times remain as to the CITY a wholly independent contractor. The personnel performing the services under this AGREEMENT on behalf of CONSULTANT shall at all times be under CONSULTANT's exclusive direction and control. Neither CITY nor any of its officers, employees, or agents shall have control over the conduct of CONSULTANT or any of CONSULTANT's officers, employees, or agents, except as set forth in this AGREEMENT. CONSULTANT shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the CITY. CONSULTANT shall not incur or have the power to incur any debt, obligation, or liability whatsoever against CITY, or bind CITY in any manner. (b) No employee benefits shall be available to CONSULTANT in connection with the performance of this AGREEMENT. Except for the fees paid to CONSULTANT as provided in this AGREEMENT, CITY shall not pay salaries, wages, or other compensation to CONSULTANT for performing services hereunder for CITY. CITY shall not be liable for compensation or indemnification to CONSULTANT for injury or sickness arising out of performing services hereunder. In

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addition to the indemnification provisions of Section 11, CONSULTANT shall indemnify, defend, and hold CITY harmless from claims or liability arising from CONSULTANT’s employees for CITY benefits including, but not limited to, pension, health benefits, holiday, vacations, etc.

15. LEGAL RESPONSIBILITIES
CONSULTANT shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this AGREEMENT. CONSULTANT shall at all times observe and comply with all such laws and regulations. CITY, and its officers and employees, shall not be liable at law or in equity occasioned by failure of CONSULTANT to comply with this Section.

16. POLITICAL REFORM ACT
If the Political Reform Act requires CONSULTANT to file a Form 700, then CONSULTANT must file a Form 700 with full disclosure within 30 days of assuming office and thereafter must file an annual statement for each calendar year of this AGREEMENT.

17. UNDUE INFLUENCE
CONSULTANT declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of CITY in connection with the award, terms, or implementation of this AGREEMENT, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of the CITY will receive compensation, directly or indirectly, from CONSULTANT, or from any officer, employee, or agent of CONSULTANT, in connection with the award of this AGREEMENT or any work to be conducted as a result of this AGREEMENT. Violation of this section shall be a material breach of this AGREEMENT entitling CITY to any and all remedies at law or in equity.

18. NO BENEFIT TO ARISE TO LOCAL EMPLOYEES
No member, officer, or employee of CITY, or their designees or agents, and no public official who exercises authority over or responsibilities with respect to the project during his/her tenure or for one year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for work to be performed in connection with this AGREEMENT.

19. RELEASE OF INFORMATION / CONFLICTS OF INTEREST
(a) All information gained by CONSULTANT in performance of this AGREEMENT shall be considered confidential and shall not be released by CONSULTANT without CITY’s prior written authorization. CONSULTANT, its officers, employees, agents, or subconsultants, shall not without written authorization from the City Manager or unless requested by the Attorney for the City, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories, or other information

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concerning the work performed under this AGREEMENT or relating to any project or property located within the CITY. Response to a subpoena or court order shall not be considered "voluntary" provided CONSULTANT gives CITY notice of such court order or subpoena.
(b) CONSULTANT shall promptly notify CITY should CONSULTANT, its officers, employees, agents, or subconsultants be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, requests for admissions, or other discovery request, court order, or subpoena from any person or party regarding this AGREEMENT and the work performed thereunder or with respect to any project or property located within the CITY.

CITY retains the right, but has no obligation, to represent CONSULTANT and/or be present at any deposition, hearing, or similar proceeding. CONSULTANT agrees to cooperate fully with CITY and to provide the opportunity to review any response to discovery requests provided by CONSULTANT. However, CITY's right to review any such response does not imply or mean the right by CITY to control, direct, or rewrite said response.

20. SECURITY OF INFORMATION
CONSULTANT shall identify reasonably foreseeable internal and external risks to the privacy and security of personal information acquired during performance of this AGREEMENT that could result in the unauthorized disclosure, misuse, alteration, destruction, or other compromise of the information.

CONSULTANT shall regularly assess the sufficiency of any safeguards and information security awareness training in place to control reasonably foreseeable internal and external risks, and evaluate and adjust those safeguards in light of the assessment.

21. NOTICES
Any notices which either party may desire to give to the other party under this AGREEMENT must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, which provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by notice:

CITY CONSULTANT
City of Fountain Valley
10200 Slater Avenue
Fountain Valley, California 92708
Attention: City Clerk

22. ASSIGNMENT
CONSULTANT shall not assign the performance of this AGREEMENT, nor

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any part thereof, nor any monies due hereunder, without the prior written consent of CITY.
[Check if Applicable] CONSULTANT shall provide CITY fourteen (14) days’ notice prior to the departure of any key personnel from CONSULTANT’s employ.

Should key personnel leave CONSULTANT’s employ, CITY shall have the option to immediately terminate this AGREEMENT, within three (3) days of the close of said notice period. Upon termination of this AGREEMENT, CONSULTANT’s sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and CONSULTANT.
[Check if Applicable] Because of the personal nature of the services to be rendered pursuant to this AGREEMENT, only (“PRINCIPAL”) shall perform the services described in this AGREEMENT. PRINCIPAL may use assistants, under his/her direct supervision, to perform some of the services under this AGREEMENT. CONSULTANT shall provide CITY fourteen (14) day's notice prior to the departure of PRINCIPLE from CONSULTANT's employ. Should he or she leave CONSULTANT's employ, CITY shall have the option to immediately terminate this AGREEMENT, within three (3) days of the close of said notice period.

Upon termination of this AGREEMENT, CONSULTANT's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between CITY and CONSULTANT.

23. LICENSES
At all times during the term of this AGREEMENT, CONSULTANT shall have in full force and effect, all licenses required of it by law for the performance of the services described in this AGREEMENT including, but not limited to, a Fountain Valley business license.

24. GOVERNING LAW
CITY and CONSULTANT understand and agree that the laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to this AGREEMENT and also govern the interpretation of this AGREEMENT. Any litigation concerning this AGREEMENT shall take place in Orange County Superior Court or Central District of California Federal District Court.

25. ENTIRE AGREEMENT
This AGREEMENT contains the entire understanding between the parties relating to the obligations of the parties described in this AGREEMENT. All prior or contemporaneous agreements, understandings, representations, and statements, oral or written, are merged into this AGREEMENT and shall be of no further force or effect. Each party is entering into this AGREEMENT based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material.

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26. CONTENTS OF REQUEST FOR PROPOSAL AND PROPOSAL
CONSULTANT is bound by the contents of CITY’s Request for Proposals and the contents of the Proposal submitted by CONSULTANT. In the event of conflict, this AGREEMENT shall take precedence over CITY’s Request for Proposals and CONSULTANT’s Proposal; and CITY’s Request for Proposals shall take precedence over CONSULTANT’s Proposal. No limitation of CONSULTANT’s liability, waiver of rights of CITY, or release of rights or remedies held by CITY, contained in CONSULTANT’s Proposal shall be of any force or effect.

27. INTERPRETATION
In the event of conflict or inconsistency between this AGREEMENT and any other document, including any proposal or Exhibit hereto, this AGREEMENT shall control unless a contrary intent is clearly stated. This AGREEMENT shall be interpreted as though drafted by all parties hereto.

28. MODIFICATION
No modification to this AGREEMENT shall be effective unless it is in writing and signed by authorized representatives of the parties hereto. The written modification requirement cannot be waived.

29. ATTORNEY FEES
In any action or proceeding brought by either party against the other party arising out of or in any way connected to this AGREEMENT, or where any provision hereof is validly asserted as a defense, the parties shall bear their own attorney’s fees, costs, and expenses. Nothing in this provision shall excuse CONSULTANT’s duty to provide CITY with a defense at CONSULTANT’s cost when CITY receives a complaint, petition, or other pleading from a third party requiring CITY to defend itself.

30. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this AGREEMENT on behalf of CONSULTANT warrants and represents that he/she/they has the authority to execute this AGREEMENT on behalf of CONSULTANT and has the authority to bind CONSULTANT to the performance of his/her/its obligations hereunder ///
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IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executed the day and year first above written.

CITY OF FOUNTAIN VALLEY CONSULTANT
Signature
ATTEST: Typed Name
Title
City Clerk
Approved as to Form:

Corporate seal (or attach Notary
HARPER & BURNS LLP acknowledgment)
Attorneys for the City
Approved as to Content:
___________________________

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Exhibit “A”
Scope of Services
And Payment Terms

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RFP #22-008

FOUNTAIN VALLEY

CROSSINGS SPECIFIC

PLAN BRANDING

PROJECT
129 North Marengo Ave.

Pasadena, CA 91101
Tel: (626) 405-4848
Allegraconsulting.net
Amanda McCall, Mgmt. Analyst
City of Fountain Valley
[email protected]
(714)593-4413
October 11, 2022

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Where Brands Evolve

SECTION ONE
Section 1: Transmittal Letter
Where Brands Evolve

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ALLEGRA CONSULTING, PASADENA, CA 1

Name of Firm Submitting Proposal: Allegra Consulting, Inc.

Understanding:

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Team Organization:

Name and title: Suzanne Madison, C.E.O.

Suzanne Madison

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ALLEGRA CONSULTING, PASADENA, CA 3

TABLE OF CONTENTS
SECTION #2 COMPANY EXPERIENCE
SECTION #3 KEY PERSONNEL/PAST PERFORMANCE
SECTION #4 APPROACH AND SCHEDULE
SECTION #5 REFERENCES
SECTION #6 COST / FEE

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Where Brands Evolve

SECTION TWO
Section 2: Company Experience
Where Brands Evolve

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ALLEGRA CONSULTING, PASADENA, CA 4
SECTION #2 COMPANY EXPERIENCE

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ALLEGRA CONSULTING, PASADENA, CA 7

The following is a working example, Santa Fe Springs ADU Program Materials; Social Media Workshop Announcements, Online Survey, and Project Web page

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ALLEGRA CONSULTING, PASADENA, CA 8

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Where Brands Evolve

SECTION THREE
Section 3: Key Personnel/Past
Performance
Where Brands Evolve

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ALLEGRA CONSULTING, PASADENA, CA 9
SECTION #3 KEY PERSONNEL/PAST PERFORMANCE

Qualifications/Relevant Experience:
• Southern California Association of Governments (SCAG) - Accessory Dwelling Unit Program for Buena Park, Garden Grove, Paramount, Santa Fe Springs, and Compton.

Led the rebrand of Long Beach Water Department.

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ALLEGRA CONSULTING, PASADENA, CA 10

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SUB CONSULTANTS
• Stan Long, Videographer
• Cameron Carothers Photography

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Where Brands Evolve

SECTION FOUR
Section 4: Approach and Schedule
Where Brands Evolve

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Allegra will lead this engagement with all aspects of the FVCSP branding initiative and project management. The following is Allegra's approach to this engagement.

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Allegra will use public relations tactics to educate the community on the need for their feedback.

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Our objectives will be to design a

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Deliverables: Implementation Plan, Budget and Strategy

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Where Brands Evolve

SECTION FIVE
Section 5: References
Where Brands Evolve

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Where Brands Evolve
129 North Marengo Ave.

Pasadena, CA 91101
Tel: (626) 405-4848
Allegraconsulting.net

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2. Claritas

3. Landing Page

4. Surveys

5. Community Meetings

6. 1on1 Interviews

7. Report & Presentation
$2,500.00 $21,000.00
Task 3
A
Task 3
B
Task 3
C
Campaign
Development
6 1) Campaign Development
Strategy
2) Key Messaging
3) Visual Vocabulary
4) Collateral Materials (9)

1. Brochure

2. Email Flyers

3. Banners

4. Signage - Concepts

5. Articles for Publication

6. Social Media Content

7. Website Design

8. Direct Mailers

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2 (not
included in
total)
Task 4 Implementation Plan 1 Implementation Strategy as proposed.
(OPTIONAL)
$8,500.00 (Optional
and not
included in
the total)
Task 5 As Needed
Marketing, Education
and Support
TBD 1. Draft written materials

2. Staff counsel

3. As needed support
$150.00
per hour
TBD
TOTAL $58,000.00

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Exhibit “B”
InsuranceSpecifications

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EXHIBIT “B”

INSURANCE SPECIFICATIONS
Without limiting CONSULTANT’s indemnification of CITY, and prior to performing any work under this AGREEMENT or receiving any compensation, CONSULANT shall obtain, provide and maintain at its own expense during the term of this AGREEMENT, policies of insurance of the type and amounts described below and in a form that is satisfactory to CITY.

General liability insurance. CONSULTANT shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than dollars per occurrence, dollars general aggregate, for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability.
[Check if Applicable] Automobile liability insurance. CONSULTANT shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of CONSULTANT arising out of or in connection with the work to be performed under this AGREEMENT, including coverage for any owned, hired, non-owned, or rented vehicles, in an amount not less than dollars combined single limit for each accident. [Check if Applicable] Workers’ compensation insurance. CONSULTANT shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least dollars). CONSULTANT shall submit to CITY, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of CITY, its officers, agents, employees, and volunteers. [Check if Applicable] Umbrella or excess liability insurance. CONSULTANT shall obtain and maintain an umbrella or excess liability insurance policy with limits of not less than dollars that will provide bodily injury, personal injury, and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability and employer’s liability. Such policy or policies shall include the following terms and conditions:
• A drop down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason;
• Pay on behalf of wording as opposed to reimbursement; • Concurrency of effective dates with primary policies; • Policies shall “follow form” to the underlying primary policies; and • Insureds under primary policies shall also be insureds under the umbrella or excess policies.
[Check if Applicable] Professional liability (errors & omissions) insurance.

CONSULTANT shall maintain professional liability insurance that covers the services to

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be performed in connection with this AGREEMENT, in the minimum amount of dollars per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this AGREEMENT and CONSULTANT agrees to maintain continuous coverage through a period no less than three years after completion of the services required by this AGREEMENT.
[Check if Applicable] Pollution liability insurance. Environmental Impairment Liability Insurance shall be written on CONSULTANT’s Pollution Liability form or other form acceptable to CITY providing coverage for liability arising out of sudden, accidental, and gradual pollution and remediation. The policy limit shall be no less than dollars per claim and in the aggregate. All activities contemplated in this AGREEMENT shall be specifically scheduled on the policy as “covered operations.” The policy shall provide coverage for the hauling of waste from the project site to the final disposal location, including non-owned disposal sites. Products/completed operations coverage shall extend a minimum of three years after project completion. Coverage shall be included on behalf of the insured for covered claims arising out of the actions of independent contractors. If the insured is using subcontractors, the policy must include work performed “by or on behalf” of the insured. Policy shall contain no language that would invalidate or remove the insurer’s duty to defend or indemnify for claims or suits expressly excluded from coverage.

Policy shall specifically provide for a duty to defend on the part of the insurer. The CITY, its officials, officers, agents, and employees, shall be included as insureds under the policy.
[Check if Applicable] Explosion, collapse, underground insurance.

CONSULTANT shall furnish a copy of a public liability and property damage insurance policy with “XCU” or equivalent coverage in an amount not less than dollars per person and dollars per occurrence for personal injury. The limit of property damage liability shall be not less than dollars for each occurrence as payment for damages to property which may result from or be caused by such public display of fireworks and arising from any acts of the CONSULTANT, its agent, employees, or subcontractors presenting such public display. CITY, its officers, agents, and employees shall be additional insureds under the policy. CONSULTANT shall not cancel the insurance coverage without fifteen (15) days prior written notice to the State Fire Marshal.

Proof of insurance. CONSULTANT shall provide certificates of insurance to CITY as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsement must be approved by CITY prior to commencement of performance. Current certification of insurance shall be kept on file with CITY at all times during the term of this contract.

CITY reserves the right to require complete, certified copies of all required insurance policies, at any time.

Duration of coverage. CONSULTANT shall procure and maintain for the duration of the AGREEMENT insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of this

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AGREEMENT by CONSULTANT, his/her/its agents, representatives, employees, or subconsultants. If this AGREEMENT involves construction, CONSULTANT must maintain general liability and umbrella or excess liability insurance for as long as there is a statutory exposure to completed operations claims. CITY and its officers, officials, employees, and agents shall continue as additional insureds under such policies.

CITY’s rights of enforcement. In the event any policy of insurance required under this AGREEMENT does not comply with these specifications or is canceled and not replaced, CITY has the right but not the duty to obtain the insurance it deems necessary and any premium paid by CITY will be promptly reimbursed by CONSULTANT or CITY will withhold amounts sufficient to pay premium from CONSULTANT’s payments. In the alternative, CITY may cancel this AGREEMENT.

Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by CITY. Notwithstanding the foregoing, XCU insurance shall have a rating of at least B-VI.

Waiver of subrogation. All insurance coverage maintained or procured pursuant to this AGREEMENT shall be endorsed to waive subrogation against CITY, its elected or appointed officers, agents, officials, employees, and volunteers or shall specifically allow CONSULTANT or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. CONSULTANT hereby waives its own right of recovery against CITY, and shall require similar written express waivers and insurance clauses from each of its subconsultants.

Enforcement of contract provisions (non estoppel). CONSULTANT acknowledges and agrees that any actual or alleged failure on the part of CITY to inform CONSULTANT of noncompliance with any requirement imposes no additional obligations on the CITY nor does it waive any rights hereunder.

Specifications not limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits, or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type.

Notice of cancellation. CONSULTANT agrees to oblige its insurance agent or broker and insurers to provide to CITY with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.

Additional insured status. General liability policies shall provide or be endorsed to provide that CITY and its officers, officials, employees, and agents shall be additional insureds under such policies. This provision shall also apply to any excess liability

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policies. Coverage available to the additional insured shall be primary and noncontributory.

Agency’s right to revise specifications. CITY reserves the right at any time during the term of the AGREEMENT to change the amounts and types of insurance required by giving CONSULTANT ninety (90) days advance written notice of such change. If such change results in substantial additional cost to CONSULTANT, CITY and CONSULTANT may renegotiate CONSULTANT’s compensation.

Self-insured retentions. Any self-insured retentions must be declared to and approved by CITY. CITY reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by CITY.

Timely notice of claims. CONSULTANT shall give CITY prompt and timely notice of claims made or suits instituted that arise out of or result from CONSULTANT’s performance under this AGREEMENT, and that involve or may involve coverage under any of the required liability policies.

Additional insurance. CONSULTANT shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.

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CITY OF FOUNTAIN

VALLEY CITY

COUNCIL

COUNCIL ACTION REQUEST
To: Honorable Mayor and Agenda Date: November 15, 2022
Members of the City Council
SUBJECT: Second Reading and Adoption of an Ordinance of the City Council of the City of Fountain Valley Adopting by Reference the 2022 Edition of the California Fire Code, as Modified
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 on November 1, 2022, the City Council introduced for first reading an ordinance adopting by reference the 2022 Edition of the California Fire Code as modified. The Ordinance was approved during the first reading without amendment.

The Ordinance is now presented to the City Council for second reading and adoption.

FISCAL REVIEW:

Not applicable.

PUBLIC NOTIFICATION:

Public notice was published in the Orange County Register a minimum of 10 days prior to the public hearing on November 15, 2022, and notice was also posted at City Hall, the Recreation Center, and the Fountain Valley Library.

ENVIRONMENTAL IMPACT REVIEW:

This Ordinance is not subject to review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines sections 15061(b)(3) (there is no possibility the activity in question may have a significant effect on the environment).

ATTORNEY REVIEW:

The Attorneys for the City has reviewed and approved the Ordinance.

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Second Reading and Adoption of 2022 Edition of the CA Fire Code November 15, 2022

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ALTERNATIVES:

Alternative No. 1:

Alternative No. 2:

Alternative No. 3:

Approve the second read and adoption of an ordinance
adopting by reference the 2022 Edition of the California Fire Code, as modified.

Do not adopt the attached Ordinance of the City Council of the City of Fountain Valley Adopting by Reference the 2022 Edition of the California Fire Code as Modified. This is not recommended as the 2022 Edition of the California Fire Code will take effect without the local amendments and modifications desired by City.

Continue the item for further consideration.

RECOMMENDATION:

Staff is requesting City Council approval of Alternative No. 1 to approve the adoption and second read of an ordinance adopting by reference the 2022 Edition of the California Fire Code as modified.

Prepared by: Michelle Rudaitis, Fire Marshal
Reviewed by: Ron Cookston, Fire Chief
Reviewed by: Alexandra Halfman, Attorneys for the City
Approved by: Maggie Le, City Manager
Attachments:

1. November 1, 2022 Staff Report

2. Ordinance adopting by reference the 2022 Edition of the California Fire Code as modified.

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CITY OF FOUNTAIN VALLEY

CITY COUNCIL

COUNCIL ACTION REQUEST

To: The Honorable Mayor and Agenda Date: November 1, 2022 Members of the City Council
SUBJECT: Introduction and first read of an ordinance adopting by reference the 2022 Edition of the California Fire Code as modified, and set a public hearing, second reading, and adoption of the ordinance on November 15, 2022.

EXECUTIVE SUMMARY

The California Health and Safety Code mandates that every three years the California Building Standards Code be updated for all cities and counties throughout the state in order to adopt the code with local amendments.
1 This includes the California Fire Code.

However, each city may amend, add, or repeal portions of the Building Standards Code by local ordinance provided the City Council makes express findings that the amendments or modifications are reasonably necessary because of local climatic, geological, or topographical conditions. 2 If the City Council approves the attached ordinance and resolution, the most recent 2022 Edition of the California Fire Code with the applicable amendments will become effective January 1, 2023, as required by State Law.

Adoption of the Building Standards Code, including the Fire Code, requires two City council meetings as follows: First meeting is to introduce the Ordinance (November 1, 2022); and the second meeting is set for a public hearing to adopt the Ordinance with the express findings.3

1 Health and Safety Code § §17922; 17958. 2 Health and Safety Code §§ 17958.5; 17958.7. 3 Government Code § 50022.3.

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DISCUSSION

The California Building Standards Commission (“CBSC”) is charged with approving and publishing the California Building Standards Code under Title 24 of the California Code of Regulations.4 Cities are required to adopt the most recent version of the State Building Standards Code, which includes the California Fire Code.5 On July 1, 2022, the 2022 Edition of the California Fire Code was published. The City is mandated to enforce the 2022 edition of the California Fire Code starting January 1, 20236 Cities are allowed to make modifications or changes to the California Building Standards Code, including the Fire Code, which is reasonably necessary because of local topographical, climatic, and geographical conditions.7 Before making any modifications or changes to the 2022 California Fire Code, the City Council must make express findings that such changes are reasonably necessary due to the local conditions of the City of Fountain Valley.8 Any modifications made via local ordinance must be filed, along with the findings thereto, with the CBSC for approval.9
The Fountain Valley Fire Department has recommended that changes and modifications be made to the 2022 California Fire Code and have advised that certain said changes and modifications to the 2022 California Fire Code are reasonably necessary due to local conditions in the City of Fountain Valley. The following changes are proposed based on the express findings that such changes are reasonably necessary due to the local conditions of the City of Fountain Valley as described in the attached resolution:

4 Health and Safety Code §17922. 5 Health and Safety Code §17958. 6 Health and Safety Code §18941.5. 7 Health and Safety Code §17958.5. 8 Health and Safety Code §17958.7. 9 Id.

CODE

SECTION
TITLE (Clarification) FINDINGS
111.1 Board of Appeals Administrative
307.6 Fire Pits, Fire Rings, & Outdoor Fireplaces Administrative; A1; A2 308.1.6.3 Sky lanterns A1; A2; B3
407.5 Hazardous material inventory statement A1; A2; B1 501 .1 Fire Service Features Administrative; B1; B2;
B3; B4
510.1 Emergency responder radio coverage Administrative; B1; B2; B3; B4
903.2 Where required (Sprinklers) A1; A2; B1; B2; B3; B4 5001.5.2 Hazardous materials inventory statement Administrative 5003.1.1.1 Extremely hazardous substances A1; A2; B3
5601.1.3 Fireworks Administrative; A1; A2;
B3

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Attached is the ordinance adopting by reference the 2022 Edition of the California Fire Code with modifications and a resolution making the express findings that the modifications and amendments are reasonably necessary due to the local climatic, geographic, or topographical conditions of the City of Fountain Valley.

Beginning January 1, 2023, the 2022 Edition of the California Fire Code will operate as the fire code in Fountain Valley until the findings and ordinance are filed with and approved by the CBSC.

ATTORNEY REVIEW

Attorneys for the City have reviewed and approved all changes.

ALTERNATIVES

Alternative 1: Approve the introduction and first read of an ordinance adopting by reference the 2022 Edition of the California Fire Code as modified, and set a public hearing, second reading, and adoption of the ordinance on November 15, 2022.

Alternative 2: Deny this request and instruct staff to provide citizen safety under the 2022 Edition of the California Fire Code without local amendments.

RECOMMENDED ACTION

Staff recommends Council: Approve the introduction and first read of an ordinance adopting by reference the 2022 Edition of the California Fire Code as modified, and set a public hearing, second reading, and adoption of the ordinance on November 15, 2022.

Prepared by: Michelle Rudaitis, Fire Marshal
Reviewed by: Ron Cookston, Fire chief
Reviewed by: Alexandra Halfman, Attorneys for the City
Approved by: Maggie Le, City Manager
Attachment 1: Ordinance adopting by reference the 2022 Edition of the California Fire Code with modifications
Attachment 2: Resolution of express findings required for local modification and amendment of the 2022 Edition of the California Fire Code 5701.1.1 On-Demand Mobile Fueling Administrative
5809.1 Scope Administrative
B105.1 Scope Administrative; A1; A2;
B3; B4

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ORDINANCE NO. _____

AN ORDINANCE OF THE FOUNTAIN VALLEY CITY COUNCIL
REPEALING TITLE 17 OF THE FOUNTAIN VALLEY MUNICIPAL CODE AND ENACTING TITLE 17 FIRE PREVENTION WHICH ADOPTS THE
CALIFORNIA FIRE CODE, 2022 EDITION, INCLUDING CHAPTER 1, DIVISION 2, AND ADMINISTRATIVE PROVISIONS LISTED HEREIN,

WITH AMENDMENTS AND MODIFICATIONS
WHEREAS, pursuant to Health and Safety Code section 17922, the California Building Standards Commission is charged with approving and publishing the California Building Standards Code under Title 24 of the California Code of Regulations; WHEREAS, pursuant to Health and Safety Code section 17958, cities are required to adopt the most recent version of the State Building Standards Code, which includes the California Fire Code;
WHEREAS, on July 1, 2022, the 2022 Edition of the California Fire Code was published;
WHEREAS, pursuant to Health and Safety Code section 18941.5, the City is mandated to enforce the 2022 edition of the California Fire Code starting January 1, 2023; WHEREAS, pursuant to Health and Safety Code section 17958.5, cities are allowed to make modifications or changes to the California Building Standards Code, including the Fire Code, which are reasonably necessary because of local topographical, climatic, and geographical conditions;
WHEREAS, pursuant to Health and Safety Code section 17958.7, the City Council, before making any modifications of changes to the 2022 California Fire Code, must make express findings that such changes are reasonably necessary due to local conditions of the City of Fountain Valley;
WHEREAS, contemporaneously herewith the City Council has made such findings and directed that they be submitted to the State forthwith; and WHEREAS, the City Council desires to adopt the 2022 Edition of the California Fire Code by reference with modifications thereto and as supported by the express findings made contemporaneously herewith.

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

SECTION 1
Title 17 of the Fountain Valley Municipal Code Section is hereby repealed in its entirety.

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SECTION 2
Title 17 of the Fountain Valley Municipal Code Section is hereby enacted to read as follows:
“Title 17

FIRE PREVENTION
Chapter 17.02

FIRE CODE ADOPTED

17.02.02 California Fire Code Adopted with Modifications.

The California Fire Code, 2022 Edition, is hereby adopted with modifications. The adoption of the California Fire Code includes all of the inclusions and exclusions set forth in each chapter’s matrix provided that the following provisions excluded are hereby included: Chapter 1, Division 2 except that Section 111 is excluded; and sections 305, 307, 308, 503, 510.2 are included. The following provisions are hereby excluded: Chapter 3, Sections 308.1.6.3, 311.5 through 311.5.5, 318, and 319; Chapter 58, Section 5809.

Other modifications are made as hereinafter set forth in this Title 17 of the Fountain Valley Municipal Code and appropriate findings have been made and filed where required. The California Fire Code, which is based on the International Fire Code, is adopted as noted above and a copy is on file in the office of the City Clerk. This document shall be known and referred to hereafter as the “Fire Code” for the City of Fountain Valley.

17.02.040 Penalties.

Persons who violate a provision of Title 17 or fail to comply with any of the requirements thereof or who erect, install, alter, repair, or do work in violation of the approved construction documents or directive of the fire code official, or of a permit or certificate used under provisions of this code, shall be guilty of a misdemeanor punishable as provided in Chapter 1.16 of the Fountain Valley Municipal Code. Each day that a violation continues after due notice has been served shall be deemed a separate offense.

17.02.060 Appeals.

Section 111.1 of the California Fire Code, 2022 Edition is amended to read as follows:

Notwithstanding Section 111.1, the Board of Appeals shall be the City Manager. If he determines an outside board is needed, he shall designate an outside hearing officer to hear the appeal.

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Chapter 17.04

GENERAL REQUIREMENTS

17.04.020 Outdoor Fireplaces, Fire Pits, Fire Rings, or Similar Devices.

Section 307.6 of the California Fire Code, 2022 Edition is amended to read as follows:

Section 307.6 Outdoor Fireplaces, Fire Pits, Fire Rings, or similar devices used at Group R Occupancies. Outdoor fireplaces, fire pits, fire rings, or similar exterior devices used at Group R occupancies shall comply with this section.

Exception: Barbeques, grills, and other portable devices intended solely for cooking.

17.04.040 Sky Lanterns Prohibited.

Section 308.1.6.3 of the California Fire Code, 2022 Edition is amended to read as follows:
308.1.6.3 Sky lanterns. A person shall not ignite, release, or cause to be released a sky lantern.

Chapter 17.06

EMERGENCY RESPONSE SYSTEMS AND HAZARDOUS MATERIALS

17.06.020 Inventory Statement for Hazardous Materials.

Section 407.5 of the California Fire Code, 2022 Edition is amended to read as follows:
407. of the California Fire Code, 2022 Edition 5 Hazardous Materials Inventory Statement. Where required by the fire code official, each application for a permit shall be submitted in accordance with Section 5001.5.2.

17.06.040 Radio Coverage System in New Buildings.

Section 510.1 of the California Fire Code, 2022 Edition is amended to read as follows:
510.1 Emergency responder radio coverage in new buildings. (a) All new buildings shall have approved radio coverage for emergency responders within the building based upon the existing coverage levels of the public safety communication systems utilized by the jurisdiction, measured at the exterior of the building. This section shall not require improvement of the existing public safety communication systems. The Emergency Responder Radio Coverage System shall comply with the Orange County Sheriff’s Department, Communications and Technology Division guidelines and specifications and, where the functionality or

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performance requirements in the California Fire Code are more stringent, this code.
(b) Subsection (a) shall not apply when it is determined by the fire code official that a radio coverage system is not needed for a building or structure, including but not limited to the following circumstances:

1. Existing buildings or structures, unless required by the Building Official and Fire Official for buildings and structures undergoing extensive remodel and/or expansion.

2. Elevators.

3. Structures that meet all of the following:
i. Three stories or less;
ii. Do not have subterranean storage or parking; and
iii. Do not exceed 50,000 square feet on any single story.

4. Structures that meet all of the following:
i. Residential structures four stories or less;
ii. Constructed of wood;
ii. Do not have subterranean storage or parking; and
iv. Are not built integral to an above-ground multi-story parking structure.
(c) If a structure is three stories or less, 50,000 square feet or smaller on any single story, and includes subterranean storage or parking, then subsection (a) shall apply only to the subterranean areas.
(d) In facilities where emergency responder radio coverage is required and such systems, components, or equipment required could have a negative impact on the normal operations of the facility, the fire code official shall have the authority to accept an automatically activated emergency radio coverage system.

17.06.060 Storage of Extremely Hazardous Substances.

Section 5003.1.1.1 Extremely Hazardous Substances is added to the California Fire Code, 2022 Edition read as follows:
5003.1.1.1 Extremely Hazardous Substances. No person shall use or store any amount of extremely hazardous substances (EHS) in excess of the disclosable amounts (see Health and Safety Code Section 25500 et al) in a residential zoned or any residentially developed property.

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17.06.080 Fire Service Features
Section 501.1 of the California Fire Code, 2022 Edition is amended to read as follows:
501.1 Scope. Fire services features for buildings, structures, and premises shall comply with this chapter and, where required by the fire code official with FVFD Guideline, Fire Master Plan, and Commercial residential Development
Chapter 17.08
FEES

17.08.020 Work commencing before permit issuance.

Any person who commences any work, activity, or operation regulated by this code before obtaining the necessary permits shall be subject to a penalty equal to 100 percent of the required permit fee.

17.08.040 Refunds.

Refunds shall be issued at the permitees request at a rate of 60 percent of the original permit fee if no inspections took place on the permit. Plan review fees in the amount of 40 percent will be retained by the City.

Chapter 17.10

FALSE ALARMS

17.10.020 False Alarms.

False alarms shall not be given, signaled, transmitted, caused, or permitted to be given, signaled, or transmitted in any manner.
(a) The owner and any person in possession of any building shall be assessed a fee to be set by resolution whenever the Fire Department is required to respond to more than two false alarms during a one-year period consisting of January 1 – December 31 of any given year. Continued false alarms generated from the same location within the same one-year period shall also be assessed a fee set by resolution for each successive false alarm.
(b) Notwithstanding Subsection (a), whenever the Fire Department is required to respond to a false alarm while the system is being repaired or otherwise modified, and the person performing the work has failed to notify the Fire Department in advance that such work was being done, the persons performing the work shall also be assessed a fee set by resolution for each such occurrence.
(c) For purposes of this Section, “false alarm” shall mean the activation of any local or central station alarm because of malfunction, including, but not limited to, mechanical or electrical defects, water surges, or because of improper installation, operation testing or maintenance of such system. Whenever the Fire Department responds to the

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location of a false alarm and finds that there is no evidence of a fire or of external causes beyond the control of the owner or person in possession that may have caused the alarm, the activation shall be presumed to be a false alarm. Not included as a false alarm will be those activations caused by earthquakes or other phenomena beyond the control of the owner or person in possession.
(d) Whenever an owner, person in possession, or alarm system workman is notified of such assessment and believes that he should be excused from paying because any occurrences did not constitute a false alarm, as defined above, he or she shall have the right to appeal said assessment to the Fire Chief within ten (10) calendar days of his receipt of the notice of assessment. The Fire Chief is authorized to excuse the assessment if he determines that a false alarm, as defined, did not occur. (e) Any person, firm, or corporation who receives notification of penalties due and fails to pay such penalties within the specified amount of time, no less than 30 days, a 10 percent per month late fee will be assessed until penalties have been paid.

Chapter 17.12

AUTOMATIC FIRE SPRINKLER SYSTEMS

17.12.020 Sprinkler systems required.

Section 903.2 of the California Fire Code, 2022 Edition is amended to read as follows:
903.2 Where Required. Automatic Fire Sprinklers shall be provided for the following:
(a) Notwithstanding any provision in Section 903.2 of the CFC and Section 903.2 of the CBC, approved automatic fire sprinklers shall be installed and maintained in accordance with N.F.P.A., Standard 13 when total square footage equals 3,500 square feet or more throughout all buildings as set forth.
(b) Any existing building shall be retrofitted with automatic fire sprinklers when a structure exceeds 3,500 square feet and additions or tenant improvements are made which exceed thirty (30) percent of the original building square footage.

Chapter 17.14

FIREWORKS

17.14.020 Fireworks prohibited.

Section 5601.1.3 of the California Fire Code, 2022 Edition is amended to read as follows:

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Fireworks prohibited. The storage, sale, offer for sale, or handling of fireworks is prohibited. The provisions of this section do not apply to fireworks displays conducted in accordance with the provisions of any permit issued pursuant to this chapter and Title 19 of the California Code of Regulations, Chapter 6 – Fireworks Chapter 17.16

FLAMMABLE SUBSTANCES

17.16.020 On Demand Mobile Fueling.

Section 5701.1.1 On-Demand Mobile fueling is added to the California Fire Code, 2022 Edition as follows:

Section 5701.1.1 Mobile fueling. On-demand mobile fueling of Class I, II, and III liquids into the fuel tanks of vehicles is prohibited.

17.16.040 Mobile Fueling Prohibition.

Section 5809.1 of the California Fire Code, 2022 Edition is amended to read as follows:

Section 5809.1 General. Mobile fueling of gaseous and liquid hydrogen, compressed natural gas (CNG), and liquefied natural gas (LNG) into the fuel tanks of vehicles is prohibited.

Chapter 17.18

APPENDIX B

17.18.020 Appendix B105.1 Amended.

Appendix B105.1 of the California Fire Code, 2022 Edition is amended to read as follows:

Appendix B105.1. The minimum fire flow and flow duration for building other than one- and two-family dwellings shall be as specified in Table B105.1

Exceptions:

1. A reduction in required fire flow of up to 50 percent, as approved, is allowed when the building is provided with an approved automatic sprinkler system in accordance with Section 903.3.1.2. the resulting fire flow shall not be less than 1,500 gallons per minute for the prescribed duration as specified in Table B105.1.

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Chapter 17.20

PARAMEDIC FEES

17.20.020 Paramedic Fees.
(a) Paramedic assessment fees are hereby established to be charged in connection with emergency medical services provided by the Fountain Valley fire department. The amount of such fees shall be set by resolution of the city council on the basis of voluntary subscription or actual use of the service. (b) There shall be two types of user fees as follows:
(1) The “voluntary subscription fee” shall be offered to residents of the city of Fountain Valley on a voluntary basis for the purpose of assuring subscribers they will not incur a higher direct fee should they require an emergency medical assessment. The voluntary subscription fee covers unlimited initial responses and assessments for medical emergencies to a residence, its inhabitants, and guests. The voluntary subscription fee does not cover separate advanced life support transport or service fees for services not rendered by the city of Fountain Valley.
(2) The “fee for services” shall be a charge designed to recover costs associated with the delivery of emergency medical assessment to persons that do not participate in the voluntary subscription fee system. Such fee for services shall be based on the actual cost of providing a paramedic assessment of the condition of the patient and covers services by paramedics and/or engine companies of the Fountain Valley fire department when a transport of the patient occurs. Different fees may be charged to residents and nonresidents that reflect the support provided to the fire department provided by general taxes, including property taxes.
(c) Any person requesting or benefitting from the services for which a fee for services is charged shall be jointly and severally civilly liable and indebted to the city of Fountain Valley for such fee for service.

17.20.040 Advanced life support fees.

In addition to the paramedic assessment fee, in cases in which a paramedic must accompany the patient to the hospital in an ambulance or other emergency vehicle, an advanced life support fee shall also be charged. The fee for such services shall cover the paramedic's time and materials spent providing medical accompaniment to the hospital and providing said accompaniment until the emergency room or other qualified staff of the hospital relieve the paramedic(s) of that responsibility.

17.20.060 Fees to be established by resolution.

The City council shall by resolution establish all paramedic assessment fees and advanced life support fees. Said fees shall be billed and collected by the city of Fountain Valley for voluntary subscription or fee for services charges for residents and non-residents.

Advanced life support fees shall also be established by resolution. Such fees shall be

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established based on an analysis of the estimated reasonable cost of providing those services.

17.20.080 Collection of fees.

It shall be the duty of the fire department in coordination with the finance department to collect paramedic assessment fees and advanced life support fees. By contract, some or all of these fees may be collected by outside agencies, including, but not limited to, the city’s ambulance provider.”
SECTION 3
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 be subsequently declared invalid or unconstitutional. Neither the adoption of this ordinance nor the repeal of any ordinance shall in any manner affect the prosecution of a violation of ordinances which violations were committed prior to the effective date hereof, nor be construed as affecting any of the provisions of such ordinance relating to the collection of any such license or penalty or the penal provisions applicable to any violation thereof, nor to affect the validity of any bond or cash deposit in lieu thereof, required to be posted, filed, or deposited pursuant to any ordinance and all rights and obligations thereunder appertaining shall continue in full force and effect.

SECTION 4
The City Clerk shall certify the adoption of this Ordinance and cause it to be published as required by law. This ordinance shall become effective thirty (30) days hereafter and after the State Building Standard Code is effective.
//
//
PASSED and ADOPTED this day of _________________ 2022.

ATTEST:
___________________________ _____________________________ City Clerk Mayor, Patrick Harper

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APPROVED AS TO FORM:

HARPER & BURNS LLP
___________________________
Attorneys for the City

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CITY OF FOUNTAIN VALLEY

CITY COUNCIL

COUNCIL ACTION REQUEST
To: Honorable Mayor and Agenda Date: November 15, 2022
Members of the City Council
SUBJECT: Introduction and first read of an ordinance adopting by reference the 2022 Edition of the California Building Codes as modified, and set a public hearing, second reading, and adoption of the ordinance on December 6, 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:

The California Health and Safety Code mandates that every three (3) years the California Building Standards Code be updated for all cities and counties throughout the state in order to adopt the code with local amendments.1
The 2022 California Building Code standards will take effect January 1, 2023, and local agencies are required to enforce the updated codes regardless if they have yet passed an ordinance adopting the update. However, each city may amend, add, or repeal portions of the Building Standards Code by local ordinance provided the City Council makes express findings that the amendments or modifications are reasonably necessary because of local climatic, geological, or topographical condition.2 If the City Council approves the attached ordinance and resolution, the most recent 2022 Edition of the California Building Codes with the applicable amendments will become effective January 1, 2023 as required by State Law.

Adoption of the Building Standards Code requires two (2) City Council meetings. The first meeting is to introduce the Ordinance. The second meeting is set for a public hearing to adopt the Ordinance with the express findings.3
1 Health and Safety Code § §17922; 17958.
2 Health and Safety Code §§ 17958.5; 17958.7.
3 Government Code § 50022.3.

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Adoption of the 2022 California Building Codes
November 15, 2022

Page 2 ends

DISCUSSION:

The California Building Standards Commission (“CBSC”) is charged with approving and publishing the California Building Standards Code under Title 24 of the California Code of Regulations.4 Cities are required to adopt the most recent version of the State Building Standards Code.5 The current building codes were last updated in 2019. The 2022 California Building Code standards will take effect January 1, 2023, and local agencies are required to enforce the updated codes regardless if they have yet passed an ordinance adopting the update.6
Cities are allowed to make modifications or changes to the California Building Standards Code, which are reasonably necessary because of local topographical, climatic and geographical conditions.7 Before making any modifications of changes to the 2022 California Building Codes, the City Council must make express findings that such changes are reasonably necessary due to local conditions of the City of Fountain Valley.8 Any modifications made via local ordinance must be filed, along with the findings thereto, with the CBSC for approval.9 The Fountain Valley Planning and Building Department has recommended that changes and modifications be made to the 2022 California Building Codes and have advised that certain said changes and modifications to the 2022 California Building Codes are reasonably necessary due to local conditions in the City of Fountain Valley.

If approved, the attached Ordinance would amend Title 18 of the Fountain Valley Municipal Code by repealing the prior editions of the California Building Codes and replacing them with the new building standards. The list below identifies those parts of the model codes upon which the 2022 California Codes are based:

California Building Code Reference Model Code
2022 California Building Code 2021 International Building Code 2022 California Residential Code 2021 International Residential Code 2022 California Plumbing Code 2021 Uniform Plumbing Code 2022 California Mechanical Code 2021 Uniform Mechanical Code 2022 California Electrical Code 2020 National Electrical Code 2022 California Energy Code California Energy Commission 2022 California Existing Building Code 2021 International Existing Building Code 2022 California Green Building Standards
Code
California Buildings Standards Commission
2021 International Property Maintenance
Code
International Code Council
2021 International Swimming Pool and Spa
Code
International Code Council
4 Health and Safety Code §17922.
5 Health and Safety Code §17958.
6 Health and Safety Code §18941.5.
7 Health and Safety Code §17958.5.
8 Health and Safety Code §17958.7.
9 Id.

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Adoption of the 2022 California Building Codes
November 15, 2022

Page 3 ends

Highlights of some new code changes between this edition and its predecessor are as follows:
 Inclusion of new “Aging in place” and fall prevention requirements for all new residential units to allow residents to stay longer in their homes as they age.  New residential units must be “electrical ready” for alternatives to gas appliance installations such as water heaters, space heating, cooking, and clothes drying, etc.  New non-residential buildings must add photovoltaic (PV) and battery storage so these building are more self-sufficient.
 Multi-family developments or hotels with less than 20 units must provide no less than 10% of the parking spaces as EV ‘ready” spaces.
 Multi-family developments or hotels with more than 20 units support EV charging.

Other Areas
There are minor updates and changes to the Building Standards Codes that provide for consistency with other Codes (e.g., incorporation of provisions from the Fire Code into the Building Code), renumbering of sections, addition of references, reformatting, and general reorganization for ease of use.

ENVIRONMENTAL ANALYSIS
This Ordinance is not subject to review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines sections 15061(b)(3) (there is no possibility the activity in question may have a significant effect on the environment).

FINANCIAL ANALYSIS
There is no fiscal impact with the adoption of the attached Ordinance or resolution.

ATTORNEY REVIEW:

The Attorneys for the City have reviewed and approved the Ordinance and Resolution as to form.

ALTERNATIVES

1. Approve the introduction and first read of an ordinance adopting by reference the California Building Codes as modified, and set a public hearing, second reading, and adoption of the ordinance on December 6, 2022.

2. Deny this request and instruct staff to provide citizen safety under the 2022 Edition of the California Building Codes without local amendments.

3. Continue the item for further consideration.

RECOMMENDED ACTION

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Adoption of the 2022 California Building Codes
November 15, 2022

Page 4 ends

Staff recommends Council: Approve the introduction and first read of an ordinance adopting by reference the California Building Codes as modified, and set a public hearing, second reading, and adoption of the ordinance on December 6, 2022.

Prepared by: Darik Doggett, CBO, Building Official
Reviewed by: Omar Dadabhoy, Community Development Director Fiscal Review by: Ryan Smith, Finance Director
Approved by: Maggie Le, City Manager
Attachment No 1: Draft Ordinance repealing and reenacting portions of Title 18 of the Fountain Valley Municipal Code (FVMC)
Attachment No. 2: Draft Resolution setting forth findings for required amendments to the 2022 California Building Codes related to local climatic, topographic and geologic conditions.

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1 ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FOUNTAIN VALLEY, CALIFORNIA REPEALING AND REENACTING CHAPTER 18

OF THE FOUNTAIN VALLEY MUNICIPAL CODE AND ADOPTING THE

STATE BUILDING STANDARDS CODES AS MODIFIED
WHEREAS, Health and Safety Code Section 17958 provides that the City of Fountain Valley shall adopt ordinances and regulations imposing the same or modified or changed requirements as are contained in the regulations adopted by the State pursuant to Health and Safety Code Section 17922; and
WHEREAS, the State of California is mandated by Health and Safety Code Section 17922 to impose the same requirements as are contained in the most recent edition of the California Building Code, the California Green Building Standards Code, the California Residential Code, the California Plumbing Code, the California Mechanical Code, and the California Electrical Code (hereinafter referred to collectively as “Codes”); and WHEREAS, cities are allowed to modify said Codes pursuant to Health and Safety Code 17958.5 provided express findings are made pursuant to Health and Safety Code 17958.7 that the modifications or changes are reasonably necessary because of local climatic, topographical, or geological conditions; and
WHEREAS, contemporaneously herewith the City Council has made such findings and directed that they be submitted to the State forthwith.

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

SECTION 1
Title 18 of the Fountain Valley Municipal Code is hereby repealed in its entirety.

SECTION 2
Title 18 of the Fountain Valley Municipal Code is hereby enacted to read as follows:
“Title 18

BUILDING CODES AND REGULATIONS
Chapter 18.02

ADMINISTRATIVE PROVISIONS

18.02.010 Administrative Provisions.

The provisions of Chapter 1 of the California Building Code 2022 Edition and the 2022 California Administrative Code are hereby adopted as the administrative provisions for all of the state building standards adopted in this Title 18 and shall be the administrative, organizational and enforcement rules and regulations for the technical codes set forth in Title 18. There is one copy of said code on file in the office of the Building Official for use and examination by the public.

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2 18.02.020 Building Official.

The Building Official is appointed by the City Manager, or by the City Council, if an independent contractor. The Building Official and his/her authorized representatives that enforce the technical codes set forth in this title may be employees of the City or an independent contractor.
1802.030 Penalties.

Any person, firm, or corporation violating any of the provisions of the Building Codes as set forth in this Title is guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine of not to exceed one thousand dollars or by imprisonment in the County Jail for not to exceed six months, or by both such fine and imprisonment. Each separate day or any portion thereof during which any violation of the Building Codes occurs or continues shall be deemed to constitute a separate offense, and upon conviction thereof shall be punishable as herein provided.

Chapter 18.04

BUILDING CODE

18.04.010 California Building Code Adopted.

The 2022 Edition of the California Building Code, Volumes 1 and 2, California Building Standards Code, known as the California Code of Regulations, Title 24, Part 2, incorporating the International Building Code, 2021 Edition, including Appendices I and J published by the International Code Council, with the amendments set forth in Section

18.04 is hereby adopted. There is one copy of said code on file in the office of the Building Official for use and examination by the public.

18.04.020 Work Exempt from Permit.

Section 105.2 of Chapter 1 of the California Building Code is amended in the following categories of work that are exempt from building permit:

1. One story detached accessory structures used as storage sheds, playhouses or similar uses, provided the floor area is not greater than120 square feet and the ceiling height is not over 7 feet.

2. Fences not over six feet high and block walls not over three feet high.

4. Retaining walls which are not over four feet (1,219 mm) in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or impounding Class I, II or III-A liquids.

9. Prefabricated swimming pools accessory to a Group R occupancy that are less than 18 inches deep, do not exceed 5,000 gallons and are installed entirely above ground.

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3 18.04.025 Section 105.8 Added.

Section 105.8 Reconstruction is added to Chapter 1 of the California Building Code to read as follows:
105.8. Reconstruction. If the value of the reconstruction (or renovation) of a building is equal to or exceeds 75 percent of the value of the building, the entire building shall comply with the code provisions for new construction. The value of the reconstruction (or renovation) for a property shall include the value of all construction stemming from construction-related permits issued within the last two years.

18.04.030 Work Commencing Before Permit Issuance.

Section 109.4 Work commencing before Permit Issuance is amended to read; Any person who commences work on a building, structure, electrical, gas, mechanical or plumbing system before obtaining the necessary permits shall be subject to a penalty equal to double the permit fees. In addition, when required by the Building Official, a special investigation shall be performed at a cost established by separate resolution.

18.04.040 Refunds.

Section 109.6 Refund is deleted and amended to read:

The Building Official may authorize refunding of any fee paid hereunder which was erroneously paid or collected.

The Building Official may authorize refunding of not more than 80% of the permit fee when no work has been done under a permit issued in accordance with this code.

The Building Official may authorize refunding of not more than 80% of the plan review fee when an application for a permit for which a plan review fee has been paid is withdrawn or canceled before the plan is reviewed.

The Building Official shall not authorize refunding of any fee paid except on written application filed by the original permittee not later than 180 days after the date of fee payment.

18.04.045 Section 202 Definitions Amended.

Section 202 Definitions of the California Building Code is amended by adding and /or amending the following definitions
a) ENCLOSED STRUCTURE. is a structure with a roof and two or more sides. b) UNENCLOSED STRUCTURES. includes structures with a roof and no more than one side and structures having no roof or other covering. Unenclosed structures include

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4 patio covers, decks, and balconies.

18.04.050 Automatic Fire Sprinkler Systems.

California Building Code Section 903.2 is amended to read as follows:
903.2 Where Required. Automatic Fire Sprinklers shall be provided for the following:
(a) Notwithstanding any provision in Section 903.2 of the CFC and Section 903.2 of the CBC, approved automatic fire sprinklers shall be installed and maintained in accordance with N.F.P.A., Standard 13, when total square footage equals 3,500 square feet or more throughout all buildings as set forth. (b) Any existing building shall retrofit with automatic fire sprinklers when a structure exceeds 3,500 square feet and additions/tenant improvements are made which exceed thirty (30) percent of the original building square footage.

Exception: The Fire Official may approve alternative methods and materials when an equivalent or greater level of fire protection is achieved.

18.04.060 Minimum Roof Covering.
a) Table 1505.1 is amended to read as follows:

TABLE 1505.1a

MINIMUM ROOF COVERING CLASSIFICATIONS

TYPES OF CONSTRUCTION

IA IB IIA IIB IIIA IIIB IV VA VB

B B B B B B B B B
For SI: 1 foot = 304.8 mm, 1 square foot = 0.0929 m2.
a. Unless otherwise required in accordance with Chapter 7A. b) Section 1505.1.2 is hereby amended to read as follows:
1505.1.2 Roof coverings within all other areas.
a) The entire roof covering of every existing structure where more than 50 percent of the total roof area is replaced within any one-year period, the entire roof covering of every new structure, and any roof covering applied in the alteration, repair or replacement of the roof of every existing structure, shall be a fire-retardant roof covering that is at least Class B.
b) Section 1505.5 is amended, by the deletion of the entire section. c) Section 1505.7 is amended, by the deletion of the entire section.’

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5 18.04.070 Preliminary Soils Reports.

As required by Chapter 18 California Building Code Section 1803.1.1, California Building Code Section 1803.1.1.1 is amended to read as follows:

The Building Official may require a geologic or geotechnical report or both, in accordance with the 2022 California Building Code; a geologic report shall be prepared by a Certified Engineering Geologist licensed by the State of California. A geotechnical report shall be prepared by a registered Civil Engineer versed in soils engineering and qualified to perform this work. When both a geotechnical and geologic report are required, the two reports shall be coordinated before submission to the Building Official. The Building Official, at his/her discretion shall obtain any technical support necessary to approve the report. Submitted reports shall contain a finding regarding the safety of the site from any variety of geologic hazard and a finding regarding the effect the proposed improvements, grading and/or construction and use of the site will have on the stability of the site and/or property outside the site. Any recommendation or action presented in the approved reports along with any conditions of approval shall be incorporated into the construction of site improvements. A fee shall be collected for the cost of review of the reports and any required addendums.’

18.04.080 Swimming pool enclosures and safety devices.

CBC Sections 202, Barrier is added to the CBC and Swimming Pools is amended to read as follows:

Barrier. Barrier is a fence, wall, building wall, or any combination of these that completely surrounds the swimming pool and obstructs access to the swimming pool.

Swimming Pools. Any structure intended for swimming, recreational bathing or wading that contains water over 18 inches deep. This includes in-ground, above-ground and onground pools; hot tubs; spas and fixed-in-place wading pools.

18.04.090 Residential Swimming Pools.

Sections 3109.3 is added to the CBC to read as follows:
3109.3 Residential swimming pools. Residential swimming pools shall be completely enclosed by a barrier complying with Sections 3109.3.1 through 3109.3.3.

18.04.095 Barrier height and clearances.

Sections 3109.3.1 through 3109.3.3 are added to read as follows:
3109.3.1 Barrier Height and Clearances. The top of the barrier must be at least 60 inches above grade measured on the side of the barrier that faces away from the swimming pool.

The maximum vertical clearance between grade and the bottom of the barrier must be two inches measured on the side of the barrier that faces away from the swimming pool.

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6 Where the top of the pool structure is above grade, the barrier is authorized to be at ground level or mounted on top of the pool structure, and the maximum vertical clearance between the top of the pool structure and the bottom of the barrier must be four inches. 3109.3.1.1 Openings. Openings in the barrier must not allow passage of a 4-inchdiameter sphere. 3109.3.1.2 Solid barrier surfaces. Solid barrier surfaces which do not have openings shall not contain indentations or protrusions except for normal construction tolerances and tooled masonry joints.
3109.3.1.3 Closely spaced horizontal members. Where the barrier is composed of horizontal and vertical members and the distance between the tops of the horizontal members is less than 45 inches, the horizontal members shall be located on the swimming pool side of the fence. Spacing between vertical members shall not be greater than 1 ¾ inches in width. Where there are decorative cutouts within vertical members, spacing with the cutouts shall not be greater than 1 ¾ inches in width. 3109.3.1.4 Widely spaced horizontal members. Where the barrier is composed of horizontal members and the distance between the tops of the horizontal members is 45 inches or more, spacing between vertical members must not be greater than 4 inches.

Where there are decorative cutouts within vertical members, spacing must not be greater than 1 ¾ inches in width.
3109.3.1.5 Chain link dimensions. Mesh size for chain link fences must not be greater than 1 ¾ inches in width, unless the fence is provided with slats fastened at the top or bottom that reduce the openings to not more than 1 ¾ in width. 3109.3.1.6 Diagonal members. Where the barrier is composed of diagonal members shall not be greater than 1 ¾ inches.
3109.3.1.7 Gates. Access gates must comply with the requirements of Sections 3109.3.1 through 3109.3.1.6 and must be equipped to accommodate a locking device. Pedestrian access gates must open outward away from the pool and must be self-closing and have a self-latching device. Doors or gates other than pedestrian access gates must have a self-latching device and must be equipped with lockable hardware or padlocks and must remain locked at all times when not in use. Release mechanisms must comply with Sections 1010.1.9 and 1109.13. Where release mechanisms of the selflatching device are located less than 60 inches above grade measured on the side of the barrier that faces away from the swimming pool, the release mechanism must be located on the pool side of the gate at least three inches below the top of the gate and the gate barrier may have no opening greater than one-half inch within 18 inches of the release mechanism.
3109.3.1.8 Dwelling wall as a barrier. Where a wall of a dwelling serves as part of the barrier, two safety devices must be provided in accordance with Section 115922 of the California Health and Safety Code.
3109.3.1.9 Pool structure as barrier. Where an above-ground pool structure, and

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7 the means of access is a ladder or steps, then the ladder or steps either shall be capable of being secured, locked or removed to prevent access, or the ladder or steps shall be surrounded by a barrier that meets the requirements of Sections 3109.3.1.1 through 3109.3.1.8. Where the ladder or steps are secured, locked or removed, any opening shall not allow the passage of a 4-inch-diameter sphere.
3109.3.2 Indoor swimming pools. Wall surrounding indoor swimming pools shall not be required to comply with Section 3109.3.1.8. through 3109.3.3 3109.3.3 Prohibited Locations. Barriers shall be located as to prohibit permanent structures, equipment or similar objects from being used to climb the barriers. There shall be a clear zone of not less than 36” between the exterior of the enclosure and any permanent structures or equipment such as pumps, filters and heaters that can be used to climb the enclosure.

Chapter 18.06

GRADING

18.06.010 Purpose.

This Chapter imposes grading requirements in accordance with the California Construction Codes and also addresses the requirements of the Federal Clean Water Act (33 USC 1251 et seq.) in enacting these regulations to comply with the National Pollution Discharge Elimination System (hereinafter “NPDES”) permit issued by the Regional Water Quality Control Board. This code sets forth rules and regulations to control excavation, grading and earthwork construction, including fills and embankments, and establishes administrative requirements for issuance of permits and approval of plans and inspection of grading construction in accordance with the requirements for grading and excavation as contained in the California Building Code then in effect as adopted and modified by city ordinance as well as water quality requirements relevant to activities subject to this Chapter.

18.06.020 Definitions.

The following definitions shall apply in interpreting this Chapter:

Approval. A written engineering or geological opinion by the responsible engineer, geologist of record or responsible principal of the engineering company concerning the progress and completion of the work unless it specifically refers to the building official.

Approved Plans. The current grading plans, which bear the stamp of approval of the building official.

As-graded. The extent of surface conditions on completion of rough or precise grading.

Bedrock. Means in-place solid rock.

Bench. A relatively level step excavated into earth materials on which fill is to be placed.

Borrow. Means earth material acquired from an off-site location for use in grading on a site.

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8 Building Official. For purposes of this Chapter only, or any reference to building official in the California Building Code or state equivalent, shall mean the City of Fountain Valley Building Official.

Civil engineer. Means a professional engineer registered in the state of California to practice in the field of civil engineering.

Civil Engineering. Means the application of the knowledge of the forces of nature, principles of mechanics and the properties of materials to the evaluation, design and construction of civil works.

Compaction. The densification of a fill by mechanical means.

Earth Material. Any rock, natural soil or fill or any combination thereof.

Engineering Geologist. A geologist certified in the state of California to practice engineering geology.

Engineering Geology. The application of geologic knowledge and principles in the investigation and evaluation of naturally occurring rock and soil for use in the design of civil works.

Erosion. The wearing away of the ground surface as a result of the movement of wind, water, and/or ice.

Erosion Control System. A combination of desilting facilities, and erosion protection, including effective planting, to protect adjacent private property, watercourses, public facilities, and receiving waters from an abnormal deposition of sediment or dust.

Excavation. The mechanical removal of earth material.

Existing Grade. The ground surface prior to grading.

Fill. A deposit of earth material placed by artificial means.

Finished Grade. The final grade of the site, which conforms to the approved precise grading plan.

Geotechnical Engineer. See “Soils engineer.”
Grade. The vertical location of the ground surface.

Grading. Any excavating or filling or combination thereof and movement or redistribution of material to achieve the desired rough grade or finished grade.

Grading Contractor. A contractor licensed and regulated by the state of California who specializes in grading work or is otherwise licensed to do grading work.

Grading Permit. An official document or certificate issued by the building official authorizing grading activity as specified by approved plans and specifications.

Key. A designed compacted fill placed in a trench excavated in earth material beneath the toe of a proposed fill slope.

Natural Grade. The ground surface unaltered by artificial means.

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9 Owner. Any person, agency, firm, or corporation having a legal or equitable interest in a given real property.

Permanent Erosion Control Devices. Improvements, which remain throughout the life of the development, include: terrace drains, slope landscaping, storm drains, etc.

Precise Grading Permit. A permit that is issued on the basis of approved precise grading plans, which shows the precise structure location, finish elevations, and related on-site improvements.

Preliminary Grading Permit. A permit that is issued on the basis of approved rough grading plans which need not show a structure location but must show interim building pad drainage to the degree required by the building official.

Professional Inspection. The inspection required by this code to be performed by the civil engineer soils engineer or engineering geologist. Such inspections include that performed by persons supervised by such engineers or geologists and shall be sufficient to form an opinion relating to the conduct of the work.

Rough Grade. The stage at which the grade approximately conforms to the approved rough grading plan.

Semi-Permanent Erosion Control Devices. Devices that are used primarily during construction, including earthen berms, concrete spillways, desilting basins, etc.

Site. Any lot or parcel of land or contiguous combination thereof, under the same ownership, where grading is performed or permitted.

Slope. An inclined ground surface, the inclination of which is expressed as a ratio of horizontal distance to vertical distance.

Soil. Naturally occurring superficial deposits overlying bedrock.

Soil Engineer. A civil engineer duly registered in the state of California whose field of expertise is soil mechanics.

Soils Engineer (Geotechnical Engineer). An engineer duly registered in the state of California experienced and knowledgeable in the practice of soils engineering (geotechnical engineering).

Soils Engineering (Geotechnical Engineering). The application of the principals of soils mechanics in the investigation, evaluation, and design of civil works involving the use of earth materials and the inspection or testing of the construction thereof.

Storm Water Permits. Any permits issued by a local, state, or federal regulatory agency regulating storm water flow over and from any project subject to this Chapter including but not limited to NPDES permits and state general permits.

Temporary Erosion Control Devices. Devices that are removable, including: sandbags, gravel bags, plastic sheeting, silt fencing, straw bales, and similar items.

Terrace. A relatively level step constructed in the face of a graded slope surface for drainage and maintenance purposes.

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10 Water Quality Requirements. The requirements relevant to activities that are subject to this Chapter found in the water quality ordinance, the DAMP, and guidance documents included in the DAMP, as well as requirements relevant to the activities that are subject to this Chapter found in storm water permits

18.06.030 Standards.

The City does hereby adopt those standards set forth in Appendix Chapter J of the 2016 California Building Code.

18.06.040 Application.

To obtain a grading permit, the applicant must first file an application in writing on a form furnished by the building official. The permit application shall be accompanied by information required by the building official. Each application for a grading permit shall be accompanied by a plan prepared by a licensed engineer in sufficient clarity to indicate the nature and extent of the work. The plans shall give the location of the work, the name of the owner, and the name of the person who prepared the plan. The plan shall include the following information:
(a) General vicinity of the proposed site;
(b) Limiting dimensions and depth of cut and fill; and
(c) Location of any buildings or structures where work is to be performed and, the location of any buildings or structures within fifteen feet (four thousand five hundred seventy-two mm) of the proposed grading.

Prior to the approval of any building or grading plans and specifications, the Building Official, or his/her authorized representative, may inspect the site to determine that the plans and specifications are current and reflect existing conditions. Applications for which no permit is issued within one hundred eighty days following the date of application shall expire and plans submitted for checking may thereafter be returned to the applicant or destroyed by the Building Official. The Building Official may extend the time for action by the applicant for a period not exceeding one hundred eighty days upon written request by the applicant showing that circumstances beyond the control of the applicant have prevented action from being taken. In order to renew action for an application after expiration, the applicant shall resubmit plans and pay a new plan check fee.

18.06.050 Denial of Permit.
(a) The building official shall not issue a permit where the work as proposed by the applicant will be in violation of this Chapter or is likely to constitute a hazard to property or result in the deposit of debris on any public way or interfere with any existing drainage course. If it can be shown to the satisfaction of the building official that the hazard can be essentially eliminated by the construction of retaining structures, drainage devices or by other means, the building official may issue the permit with the condition that such work be performed.
(b) If, in the opinion of the building official, the land area for which grading is proposed is subject to geological or flood hazard to the extent that no reasonable amount of corrective work can eliminate or sufficiently reduce the hazard to human life or property, the grading permit and the building permits for habitable structures shall be denied.

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11 (c) The building official may require plans and specifications to be modified in order to mitigate anticipated adverse environmental effects of proposed grading projects and may, under circumstances where the significant adverse environmental effects of a proposed project cannot be mitigated, deny the issuance of a grading permit.
(d) The building official may require plans and specifications to be modified in order to make them consistent with the general plan, any specific plan zoning code water quality requirements, or other rules regulations or conditions applicable to the project. The grading permit may be denied if the proposed project cannot be designed in accordance with these rules, regulations or conditions.

18.06.60 Engineered Grading Requirements.

Application for a grading permit shall be accompanied by two sets of plans and specifications, and supporting data consisting of a soils engineering report and engineering geology report. The plans and specifications shall be prepared and signed by an individual licensed by the state to prepare such plans and specifications when required by the Building Official. Specifications shall contain information conveying construction and material requirements. Plans shall be drawn to scale in ACAD last edition format upon twenty-four by thirty-six-inch substantial paper or cloth and shall be of sufficient clarity to indicate the nature and extent of the work proposed and show in detail that they will conform to the provisions of this code and all relevant laws, ordinances, rules, and regulations. The first sheet of each set of plans shall give location of the work, the name and address of the owner, and the person by whom they were prepared. The plans shall include the following information:
(a) General vicinity of the proposed site;
(b) Property limits and accurate contours of existing ground and details of terrain and area drainage;
(c) Limiting dimensions, elevations, or finish contours to be achieved by the grading, and proposed drainage channels and related construction; (d) Detailed plans and elevations of all surface and subsurface drainage devices, walls, cribbing, dams, and other protective devices to be constructed with, or as part of, the proposed work, together with a map showing the drainage area and the estimated runoff of the area served by any drains;
(e) Location of any buildings or structures on the property where the work is to be performed and the location of any buildings or structures on land of adjacent owners that are within fifteen feet (four thousand five hundred seventy-two mm) of the property, or that may be affected by the proposed grading operations;
(f) Recommendations included in the soils engineering report and the engineering geology report shall be incorporated in the grading plans or specifications. When approved by the building official, specific recommendations contained in the soils engineering report and the engineering geology reports, which are applicable to grading, may be included by reference; and

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12 (g) The dates of the soils, engineering, and engineering geology reports together with the names, addresses, and phone numbers of the firms or individuals who prepared the reports.

18.06.70 Soils Engineering Report.

The soils engineering report required by Section 18.06.130 of this Chapter shall include data regarding the nature, distribution and strength of existing soils, conclusions, and recommendations for grading procedures and design criteria for corrective measures, including buttress fills, when necessary, and opinion on adequacy for the intended use of sites to be developed by the proposed grading as affected by soils engineering factors, including the stability of slopes.

18.06.80 Engineering Geology Reports.

The engineering geology report required by Section 18.06.130 of this Chapter shall include an adequate description of the geology of the site conclusions and recommendations regarding the effect of geologic conditions on the proposed development, and opinion on the adequacy for the intended use of sites to be developed by the proposed grading, as affected by geologic factors.

18.06.90 Liquefaction Study.

The Building Official may require a geotechnical investigation when, during the course of an investigation, any of the following conditions are discovered, the report shall address the potential for liquefaction:
(a) Shallow ground water, fifty feet (fifteen thousand two hundred forty mm) or less;
(b) Unconsolidated sandy alluvium;
(c) Seismic Zones D and E; or
(d) The property is located within the City’s seismic hazard overlay zone. (Section 21.14.050 of this code).

18.06.100 Erosion Control and Water Quality Requirements Systems.

The City adopts the erosion control provisions imposed by the NPDES permit, including the following:
(a) The project site shall be prepared and maintained to control against erosion in accordance with this Chapter. Where cut slopes are not subject to erosion due to the erosion-resistant character of the materials, such protection may be omitted upon approval by the Building Official and/or Director of Public Works.
(b) Where necessary, temporary, and/or permanent erosion control devices such as desilting basins, check dams, riprap, or other devices, as approved by the Building Official and/or Director of Public Works, shall be employed

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13 to control erosion and provide safety.
(c) Paved streets, sidewalks, and other improvements shall be maintained in a neat and clean condition free of loose soil, construction debris, and trash.

Street sweeping using a vacuum sweeper or other equally effective means shall be used on a regular basis to prevent storm flows from carrying sediment and debris outside the project boundaries.
(d) Unless otherwise approved by the Building Official and/or Director of Public Works, the owner shall be required to retain a civil engineer who will be responsible for the design of all erosion control improvements and initial approval of the installation of permanent and semi-permanent erosion control devices during each rainy season until the work authorized by the permit is given final approval. The owner shall retain the civil engineer to periodically review the field condition and modify, as needed, the design of the permanent and semi-permanent erosion control devices during the rainy season. Installation and maintenance of all erosion control devices shall be the responsibility of the owner.
(e) Desilting facilities shall be provided at drainage outlets from the graded site where necessary.
(f) Desilting basins constructed of compacted earth shall be compacted to a relative compaction of ninety percent of maximum density. A soil engineering report, prepared by the soil engineer, which includes the type of field-testing performed, location, and results of testing shall be submitted to the Building Official and/or Director of Public Works for approval upon completion of the desilting basins.
(g) Equipment and workers for emergency work shall be made available at all times. Necessary materials shall be available on-site and stockpiled at convenient locations to facilitate rapid construction of temporary devices when rain is imminent.
(h) Erosion protection shall consist of effective planting of all slopes in excess of five feet high unless otherwise approved by the Building Official and/or Director of Public Works. Protection for the slopes shall be installed as soon as practicable which may be prior to rough grade approval. Effective planting shall be installed, fully germinated, and effectively cover the required slopes prior to final approval unless otherwise approved by the Building Official and/or Director of Public Works.
(i) The erosion-control provisions shall take into account drainage patterns during the current and future phases of grading.
(j) All removable protective devices shown shall be in place at the end of each working day when the five-day rain probability forecast exceeds forty percent.

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14 (k) Graded areas around the tract perimeter must drain away from the face of slopes at the conclusion of each working day.
(l) Any violation of an applicable federal or state-issued stormwater permit, or failure to conform to the City’s water quality ordinance, including but not limited to the stormwater regulations set forth in Chapter 14.40 of this code, or failure to comply with stormwater related provisions of a grading permit or of a grading plan prepared to secure such a permit, is a violation of this Chapter.

18.06.110 Erosion Control and Water Quality Requirement System Maintenance. (a) After each rainstorm, silt and debris shall be removed from check berms and desilting basins and the basins pumped dry.
(b) After each rainstorm, the performance of the erosion control system shall be evaluated, revised, and repaired as necessary.
(c) Devices shall not be moved or modified without the approval of the Building Official and/or Director of Public Works.
(d) The contractor shall be responsible and shall take necessary precautions to prevent public trespass onto areas where impounded water creates a hazardous condition.
(e) The contractor, permittee, or project owner shall be responsible for continual maintenance of the devices. In the event of failure or refusal by the contractor, permittee, or project owner to properly maintain the devices, the Building Official may cause emergency maintenance work to be done to protect adjacent private and public property and environmental resources. The cost shall be charged to the owner and shall include an initial mobilization cost plus the cost of doing the work, including salaries, equipment, and materials.
(f) In the event the Building Official must cause emergency maintenance work to be done, he/she may revoke the grading permit in writing. The permit shall not be renewed until an erosion control system and/or other systems necessary to comply with water quality requirements approved by the director are installed.
(g) If any grading subject to Section 18.06.040 of this Chapter has commenced on private property without a valid grading permit, the property owner may be required to prepare and implement an erosion control plan which has been approved by the Building Official. In the event of failure by the property owner to install an approved erosion control system and/or other systems necessary to comply with the City’s water requirements, the Building Official may cause emergency work to be done to protect adjacent private and

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15 public property. The procedures of Section 18.06.220 of this Chapter shall apply for emergency erosion control work and emergency work necessary to protect environmental resources. The cost shall be charged to the owner.

18.06.120 Inspections—Responsibilities.
(a) Grading operations for which a permit is required shall be subject to inspections by the Building Official. Professional inspection of grading operations shall be provided by the professional listed hereafter. (b) It shall be the responsibility of the permittee to be knowledgeable of the conditions and/or restrictions of the grading permit as outlined in this code and as contained on the approved grading plans. The permittee shall also maintain in an accessible location on the site, a copy of the approved grading plan.
(c) All permits, waivers, or exemptions issued hereunder shall be deemed to include the provisions that the permittee, his/her agents, contractors, and employees shall carry out the proposed work in accordance with the approved plans and specifications and in accordance with any applicable water quality requirements prepared and maintained pursuant to federal, state, or City regulation, and in compliance with all requirements of the permit and this Chapter. Failure to carry out the work in accordance with approved plans and specifications, the applicable water quality requirements, and in compliance with all requirements of the permit and this chapter shall be a violation of this chapter.
(d) The engineering geologist’s area of responsibility shall include, but need not be limited to professional inspection and written approval of the adequacy of natural ground for receiving fills, the stability of cut slopes with respect to geological matters, and the need for sub drains or other groundwater drainage devices. The engineering geologist shall report his/her finding to the soil engineer and the civil engineer for engineering analysis. (e) The soil engineer’s area of responsibility shall include, but need not be limited to the professional inspection and approval concerning this preparation of ground to receive fills, testing for required compaction, stability of all finish slopes, and design of buttress fills, subdrain installation, and incorporation of data supplied by the engineering geologist. The soils engineer shall also provide professional inspection within such engineer’s area of technical specialty, which shall include observation during grading and testing for required compaction. The soils engineer shall provide sufficient observation during the preparation of the natural ground and placement and compaction of the fill to verify that such work is being performed in accordance with the conditions of the approved plan and the appropriate requirements of this Chapter. Reapproved recommendations relating to conditions, differing from the approved soils engineering and engineering geology reports shall be submitted to the permittee, the building official, and the civil engineer.
(f) It shall be the responsibility of the civil engineer, architect, or other qualified individual who prepares the grading plan approved by the building official or the building official’s designee to incorporate all recommendations from the

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16 soils engineering and engineering geology reports into the grading plan.

He/she shall also be responsible for the professional inspection and approval of the grading within his/her area of technical specialty. This responsibility shall include but need not be limited to inspection and approval as to the establishment of line grade and drainage of the development area. The project civil engineer and/or general contractor shall act as the coordinating agent in the event the need arises for liaison between the project professional, grading contractor and the director. The civil engineer or other qualified person who prepares and signs the grading plan shall control plans and the submission of as-graded grading plans when required by the building official upon completion of the work. (g) The permittee shall notify the Building Official prior to any clearing, brushing, or grubbing and when the grading operations are ready for inspection. (h) If the Building Official finds that the soil or other conditions are not as stated in the approved plans and soil or geology reports, he/she may, using reasonable judgment, refuse to allow further work until approval is obtained for a revised grading plan which will conform to the conditions. (i) No person shall conduct any grading, clearing, brushing, or grubbing on natural or existing grade that is preparatory to grading without first having obtained a grading permit from the City. Exemptions to this requirement are as provided in this Chapter or as otherwise determined by the Building Official.

18.06.130 Final Reports.

Upon completion of the rough grading work and at the final completion of the work, the following reports and drawings and supplements thereto are required for engineered grading or when professional inspection is performed for regular grading, as applicable. (a) An as-built grading plan prepared by the civil engineer showing original ground surface elevations, as-graded ground surface elevations, lot drainage patterns, and the locations and elevations of surface drainage facilities and of the outlets of subsurface drains. As-constructed locations elevations and details of subsurface drains shall be shown as reported by the soils engineer. Civil engineers shall state that to the best of their knowledge the work within their area of responsibility was done in substantial conformance with the final approved grading plan.
(b) A report prepared by the soils engineer retained to provide such services, including locations and elevations of field density tests, summaries of field and laboratory tests, other substantiating data, and comments on any changes made during grading and their effect on the recommendations made in the approved soils engineering investigation report. Soils engineers shall submit a statement that to the best of their knowledge, the work within their area of responsibilities is in accordance with the approved soils engineering report and applicable provisions of this Chapter. (c) A report prepared by the engineering geologist retained to provide such services including a final description of the geology of the site and any new information disclosed during the grading and the effect of same on recommendations incorporated in the approved grading plan. Engineering geologists shall submit a statement that, to the best of their knowledge, the work within their area of responsibility is in accordance with the approved

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17 engineering geologist report and applicable provisions of this Chapter. (d) The grading contractor shall submit in a form prescribed by the building official a statement of conformance to said as-built plan and specifications.

18.06.140- Notification of Completion.

The permittee shall notify the Building Official when the grading operation is ready for final inspection. Final approval shall not be given until all work including installation of all drainage facilities and their protective devices and all erosion-control measures have been completed in accordance with the final approved grading plan, and the required reports have been submitted. (Ord. 1392 § 14, 2007: Ord. 1348 § 1 (part), 2003)

18.06.150- Hazards.

Whenever the Building Official determines that any existing excavation or embankment or fill on private property has become a hazard to life and limb, or endangers property, or adversely affects the safety, use, or stability of a public way or drainage channel, the owner of the property upon which the excavation or fill is located, or other person or agent in control of said property, upon receipt of notice in writing from the building official, shall within the period specified therein repair or eliminate such excavation or embankment to eliminate the hazard and to be in conformance with the requirements of this code.

18.06.160 Fees.

The City Council shall establish, by resolution, fees for the administration of this chapter.

18.06.170 Nuisance.

Any condition in violation of the prohibitions of this Chapter, including but not limited to the maintenance or use of any illicit connection or the occurrence of any prohibited discharge shall constitute a threat to the public health safety and welfare, and is declared and deemed a nuisance pursuant to Government Code Section 38771. At the request of the Director of Public Works, the enforcing attorney may seek a court order to enjoin and/or abate the nuisance.

18.06.180 Violations.

Any person who negligently or knowingly violates any provision of this Chapter, undertakes to conceal any violation of this Chapter, continues any violation of this Chapter after notice thereof, or violates the terms, conditions, and requirements of any permit issued pursuant to this Chapter, shall be guilty of a misdemeanor punishable by a fine of not more than one thousand dollars or by imprisonment for a period of not more than six months, or both. Each day in which a violation occurs and each separate failure to comply with either a separate provision of this Chapter, a notice of noncompliance, an administrative compliance order, a cease-and-desist order, or a permit issued pursuant to this Chapter, shall constitute a separate violation of this Chapter punishable by fines or sentences issued in accordance herewith.

Chapter 18.08

RELOCATION OF BUILDINGS

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18 18.08.010 Permit—Required.

It is unlawful for any person, firm, or corporation to move or cause to be moved any building or structure or any section of any building or structure into the City of Fountain Valley for permanent establishment in the City or from one location to another in the City, without first obtaining a relocation permit from the Building and Planning Department of the City.

18.08.020 Permit—Building Inspection Required.

All applications for relocation permits shall first be filed with the Planning and Building Department for initial inspection of the building to be moved. The Planning and Building Department shall complete their inspection within a reasonable time after filing. The building and safety director or his authorized representative, shall then forward his report to the Planning Commission with his correction list, improvement bond estimate and recommendations as the Planning and Building Department is presently required to do under existing ordinances. Inspection fees required by the building code and/or City Council shall be required.

18.08.030 Permit—Application Contents.

All applicants desirous of relocating a building or structure within the City after initial inspection by the Planning and Building Department shall, then make an application to the planning commission of the City, which application shall contain the following:
(1) Name of owner;
(2) Complete description of the building or structure to be moved, designating its type, construction material, age, size, and any other pertinent information that may be required by the City Engineer, Planning Department, or Planning and Building Department;
(3) A description of the route over, along, across, and upon which such building or structure, section, or portion thereof, is to be moved within the city and the time within which the work of moving will be commenced and completed; (4) A complete description of any proposed addition, alteration, or repair or improvement to be made to said building or structure either before or after it is moved and a statement of the approximate commencement and completion of such proposed addition, alteration, repair or improvement; (5) Four eight and one-half inch by eleven inch photographs, showing front, rear, left, and right side elevations;
(6) A statement supported by relevant evidence indicating that all necessary authorizations and permits have been obtained from the operator of any public utility which might be affected by such moving operations;

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19 (7) The proposed use to which such relocated building and structure will be put; (8) A termite inspection report by a reliable termite exterminator company, licensed by the state of California; and
(9) The name of the mover.

18.08.040 Hearing—Application Fee.

All such relocations shall require a hearing before the Planning Commission. The application set out in the previous section shall be accompanied by a filing fee as established by resolution of the City Council, to cover the cost of making maps, mailing notices, and other administrative expenses involved. Such fee shall not be refundable, whether a permit is issued or not.

18.08.050 Hearing—Department Recommendations.

Prior to the hearing held by the Planning Commission, the Planning and Building Director shall advise all affected City departments of such application. These departments shall submit recommendations to the Planning Commission for consideration prior to the time of the public hearing.

18.08.060 Hearing—Notices.

At least ten days before the hearing before the Planning Commission, notices of the time and place of such hearing and the purpose thereof shall be given by the mailing of notices, to all property owners, within a distance of five hundred feet from the exterior limits of the property to which any such building or structure is to be moved. A notice of such hearing shall also be mailed to the applicant at the address listed in the applicant’s application.

18.08.070 Restricted Buildings.

No permit shall be issued for the relocation of any building or structure from one location to another location within the City if said building or structure, in the opinion of the Planning Commission, is so old, dilapidated, and in such a state of disrepair as to be unsanitary or otherwise unfit for human habitation, occupancy, or use, or would by reason of its exterior appearance be detrimental to the property value and residential character of other properties within one thousand feet from its new location, (vacant area shall be considered developed to highest and best use permitted by the existing zone), or the proposed use of said building or structure is prohibited by the zoning ordinance of said City; or if the building or structure is of a type prohibited in the proposed location by the building code, or any other law or ordinance, or if the cost to repair such building is such that it would be prohibitive under the present laws and ordinances of the City.

18.08.080 Plans and Bond Required.

No permit shall be issued, nor shall the Planning Commission make any decision concerning any application for the movement of any building or structure until;

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20 (1) A set of architectural plans of the completed structure is submitted; (2) A faithful performance bond, executed by a responsible surety company authorized to do business in the state of California, or by two responsible private individuals, in an amount as recommended by the Planning and Building Department as being necessary to bring such structure or building up to existing building codes and other applicable laws or ordinances is submitted. Said bond and corrections shall be limited to ninety days from the date of issuance of building permits. One thirty-day extension may be granted by the building and safety director when extenuating circumstances are evident; and
(3) A bond on file with the City Clerk which shall be a good and sufficient surety bond issued by a company acceptable to the Attorney for the City, or a cash deposit in the principal sum of two thousand dollars in favor of the City for the benefit of any person, firm, or corporation who may be damaged directly or indirectly by the moving of said building or structure, provided that any person, firm, or corporation engaged regularly in the business of moving buildings may deposit with the City Clerk a surety bond approved by the Attorney for the City, or a cash deposit in the sum of ten thousand dollars indemnifying the City for like purposes and in that event such person, firm, or corporation need not file the said two thousand dollar bond or cash deposit hereinabove required for any single moving operation.

18.08.090 Terms or Conditions Imposed by Planning Commission.

The Planning Commission, in authorizing the issuance of a relocating permit, may impose thereon such terms and conditions as it may deem reasonable and proper in the interest of public safety, welfare, morals, and well-being, including but not limited to the requirements of changes, alterations, additions, or repairs to be made to or upon the building or structure, or removal of any nonconforming uses or structures. Further terms or conditions may be imposed by the Planning Commission in accordance with the building code, zoning, and fire code regulations. The terms and conditions upon which any permit is granted, either by the Planning Commission or by the City Engineer shall be written upon the permit or appended thereto. Upon authorization of the relocation permit, the applicant shall in addition comply with other City ordinances as they pertain to oversize and overweight loads and shall obtain the necessary additional permits and pay the additional fees. Drainage, sewerage, and other charges as required by the laws, rules, and regulations of the City shall be required.

18.08.100 Damage of Public Property.

In case of any damage to any street, or other public property, or public utility owned by the City, the City shall do or cause to be done such work as may be necessary to restore the street or other public property, or public utility, to as good a condition as the same was in prior to such damages and shall charge the cost thereof to the person, firm or corporation to whom the permit was issued for the moving of such building or structure,

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21 or section or portion thereof. A final inspection will not be made or passed on the condition or repair of any building or structure until all charges, costs and fees to the City incidental to said relocation have been paid.

18.08.110 Chapter Application—Waiver.

The provisions of this Chapter shall apply to all persons, firms, associations, or other corporations moving buildings or structures through or within said City, or to be located within said City, providing that upon a proper showing the Planning Commission may waive one or more of the requirements of this Chapter or may reduce or waive filing or permit fees where the building or structure to be moved is known by or is to be used or occupied by another public agency or where the distance which such building or structure is to be moved is so small as to warrant a modification of the fees or other requirements hereof.

18.08.120 Hearing Decision—Appeal.

Within fifteen days after completion of said hearing by the Planning Commission, the Planning Commission shall render its decision on the matter. The decision of the Planning Commission and any provision or restriction imposed shall be final unless an appeal in writing to the City Council is filed with the City Clerk in accordance with the appeal provisions of Title 21. If the application is approved and no appeal filed within the twentyday stay period, the Planning Commission shall return the application to the Planning and Building Department for the issuance of a permit noting the restrictions and the requirements imposed by the planning commission, and a certification that all necessary charges and fees have been paid.

18.08.130 Inspection and Code Provisions.

The permit or permits herein authorized shall be in addition to all permits required under any other ordinance of the City and all such relocated buildings or structures shall be subject to the inspection of the Planning and Building Department, planning department, and City Engineer and must conform to all requirements of the building code and other codes or ordinances relating to building, construction, relocation, and necessary installations incident thereto.

18.08.140 Violation—Penalty.

Every person, as principal, agent, or otherwise, violating or failing or neglecting or refusing to comply with any of the provisions of this Chapter shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not exceeding five hundred dollars or by imprisonment in the county jail for a period of not exceeding six months or by both such fine and imprisonment. Each such person as principal, agent, or otherwise, shall be guilty of a separate offense for each day during any portion of which the violation of or the failure, neglect, or refusal to comply with any of the provisions of this Chapter is committed, continued, or permitted by such person.

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22 Chapter 18.12

RESIDENTIAL CODE

18.12.010 Residential Code Adopted.

The 2022 Edition of the California Residential Code, California Building Standards Code, known as the California Code of Regulations, Title 24, Part 2.5 incorporating the International Residential Code, 2021 Edition, including Appendix H published by the International Code Council, with the amendments set forth in Section 18.12 is hereby adopted. There is one copy of said code on file in the office of the Building Official for use and examination by the public. This shall be the City’s residential building code for the erection, construction, enlargement, alteration, repair, moving, removal, demolition, occupancy, equipment, use, height, area, and maintenance of all residential buildings in the City, except as modified herein.

18.12.020 Work Exempt from Permit.

Section R105.2 is amended in the following categories of building work that are exempt from permit:

1. One story detached accessory structures used as storage sheds, playhouses, or similar uses, provided the floor area is greater than 120 square feet and the ceiling height is not over 7 feet

2. Fences not over six feet high and block walls not over three feet high.

3. Retaining walls which are not over four feet (1,219 mm) in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or impounding Class I, II or III-A liquids.

11. Platforms, walks, and driveways not more than thirty inches (762 mm) above grade and not over any basement or story below.

18.12.030 Section R105.10 Added.

Section R105.10 Reconstruction is added to Chapter 1 of the California Building Code to read as follows:

R105.10. Reconstruction. If the value of the reconstruction (or renovation) of a building is equal to or exceeds 75 percent of the value of the building, the entire building shall comply with the code provisions for new construction. The value of the reconstruction (or renovation) for a property shall include the value of all construction stemming from construction-related permits issued within the last two years.

18.12.040 Refunds.

Section R108.5 Refunds is deleted and amended to read;
The Building Official may authorize refunding of any fee paid hereunder which was erroneously paid or collected. The Building Official may authorize refunding of not more

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Fountain Valley City CouncilNovember 15, 2022

Fountain Valley City Council
November 15, 2022