Fountain Valley City Council
December 6, 2022

AGENDA

CITY COUNCIL/ SUCCESSOR

AGENCY TO THE FOUNTAIN

VALLEY AGENCY

FOR COMMUNITY DEVELOPMENT/

FOUNTAIN VALLEY HOUSING AUTHORITY

Regular Meeting 6:00 p.m.

Tuesday, December 6, 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 l or othe r government body listed complete a speaker card and give it to the City Clerk prior to the public comment period. Requests to speak will not be accepted after the public comment session begins without permission of the Mayor/Chair. Speakers must limit remarks to a total of (3) three minutes and address the City Council through the Mayor.

Comments to individuals or staff are not permitted. Scheduled Matters, including Public Hearings: Indicate on the card what item you want to address. Unscheduled Matters: Indicate on the card what subject matter you
want to address. Comments must be related to issues that are within the jurisdiction of the governing body listed on the agenda. Pursuant to the Brown Act, the governing body may not enter into discussion regarding items not on the agenda.

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

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

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

ZOOM LINK INFORMATION
• Participants that choose to watch the City Council meeting through zoom are automatically placed in the waiting room and will only be allowed into the Zoom meeting if they request to make a public comment. In order to make a public comment, you will indicate through the chat feature which item you would like to speak on, and click on the “raise hand” icon to let the administrator know you wish to speak. • All participants are muted unless you are requesting to speak, at which time you will be allowed to unmute and make you comment.
• All public comments are allowed up to 3 minutes to speak.

Join Zoom Meeting
https://us02web.zoom.us/j/88906647843?pwd=MExycElxek4ybGpVNEs3bUJUeHhk UT09
Meeting ID: 889 0664 7843
Passcode: 756733
One tap mobile
+16699006833,,88906647843#,,,,*756733# US (San Jose)
+16694449171,,88906647843#,,,,*756733# US

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

INVOCATION
SALUTE TO THE FLAG Council Member Ted Bui

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

ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS

CITY MANAGER / MAYOR UPDATE

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

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

CONSENT CALENDAR
Consent Calendar Items 1 – 9 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 15, 2022 Regular City Council Meeting

3. Second Reading to Adopt an Ordinance of the City Council of the City of Fountain Valley Repealing and Reenacting Portions of Title 18 of the Fountain Valley Municipal Code (FVMC)

Recommended Action: Staff is requesting City Council approval of Alternative No. 1 to approve by Adoption of the Ordinance and the Resolution setting forth findings for required amendments to the 2022 California Building Codes.

4. Approval of Resolution Reciting the fact of the General Municipal Election held on November 8, 2022, declaring the results and such other matters as provided by law. Page 69 Recommended Action: Staff recommends the City Council approve Alternative No. 1, approving the attached Resolution accepting the canvass of the General Election Returns as certified by the Orange County Registrar of Voters for the November 8, 2022 General Municipal Election.

5. Request approval to appropriate $73,000 from the State Asset Forfeiture Fund; waive bidding requirements per FVMC 2.36.070(2) and approve a contract with Premier Uniforms for police uniform equipment; issue a purchase order to V&V Manufacturing for police Page 74 Recommended Action: Approve the procurement of police uniform equipment using State Asset Forfeiture funds; waive bidding requirements per FVMC 2.36.070(2) and aware a consultant contract to Premier Uniforms in the amount of $58,000; award a purchase order in the amount of $12,000 to V&V Manufacturing for badges; and expend a micro-purchase of $3,000 for uniform name plates.

6. Second Reading and Adoption of an Ordinance Adopting Code Amendment No. 19-06 – an Amendment to Section 2.9 of the Fountain Valley Crossings Specific Plan and Second Reading and Adoption of an Ordinance Approving a Development Agreement to allow for the construction of a new 73 foot-tall Electronic Message Center sign with two displays on private property located at 18375 Euclid Street Page 146 Recommended Action: Staff is requesting City Council approval of Alternative No. 1 to approve the second read and adoption of the attached Ordinance approving CA 19-06 and approve the second read and adoption of the attached Ordinance approving a DA with the City of Fountain Valley and Becker Boards, Small LLC., for the construction of a new 73 foottall EMC with two displays on private property located at 18375 Euclid Street.

7. Approve an Amendment No. 6 to Contract 18-18 with Psomas for amount not to exceed $229,869 for continued project management, design review, and construction management services related to the I-405 Improvement Project Page 184 Recommended Action: Staff recommends that the City Council approve Alternative No. 1 to approve Amendment No. 6 to Contract 18-18 with Psomas for amount not to exceed $229,869 for project management, design review, and field observation of improvements related to the I-405 Improvement Project for the period January 2023 through December 2023.

8. Accept AGA Engineers Inc. Fee Proposal for $3,640 for Preparation of Specifications for Euclid St at Condor Ave and Talbert Ave at Bushard St Traffic Signal Modifications, and authorize staff to issue a Purchase Order to encumber on-call contract Page 197 Recommended Action: Staff recommends that the City Council accept a fee proposal from AGA Engineers Inc. for $3,640 for the preparation of specifications for Euclid Street at Condor Avenue and Talbert Avenue at Bushard Street traffic signal modifications, and authorize staff to issue a Purchase Order to encumber the on-call contract.

9. Approve a total project budget of $193,440 for Frontier’s City-wide Fiber Optic Installation.

Amend FY 2022/23 General Fund Budget in the amount of $112,840. Accept remaining $112,840 of $193,440 fee proposal from Annealta Page 253 Recommended Action: Staff recommends that the City Council approve a total project budget of $193,440 for Frontier’s City-wide Fiber Optic Installation Project, amend FY 2022/23 General Fund Budget in the amount of $112,840, and accept the remaining $112,840 of a $193,440 fee proposal from Annealta for plan checking, construction management and inspection services for Frontier’s City-wide Fiber Optic Installation Project.

PRESENTATIONS
• City of Kindness Recognition for Tom Konrad, Building Inspector and Amy Pazahanick from Fountain Valley Tennis & Pickleball
• Recognition of Council Member Michael Vo by Outside Agencies • Presentation to Outgoing Council Member Michael Vo by Mayor Patrick Harper • Comments by Council Member Michael Vo
• Presentation to Outgoing Mayor Harper by Mayor Pro Tem Constantine • Comments by outgoing Mayor Harper
• BRIEF RECESS
• Administration of Oath of Office to Council Member Elect Jim Cunneen • Administration of Oath of Office to Council Member Elect Patrick Harper • Administration of Oath of Office to Council Member Elect Kim Constantine • Comments by Council Member Jim Cunneen
• Comments by Council Member Patrick Harper
• Comments by Council Member Kim Constantine
• Election of Mayor and Mayor Pro Tem
• Administration of the Oath of Office to newly elected Mayor • Comments by new Mayor

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 20, 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

Study Session 5:00 p.m.

Regular Meeting 6:00 p.m.

Tuesday, November 1, 2022
Council Chambers

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

PUBLIC COMMENTS (Study Session matters only)

1. 5-11 Marine Group Presentation – Presentation By Meghan Wishner and Ben Dieterle Meghan Wishner and Ben Dieterle gave the City Council an update on the 5-11 Marine Group and sought direction on how to proceed with this group.

2. Present Financial Analysis of Current Budget with Previous 20-Year Financial Plan Forecast Introduction by Finance Director Ryan Smith; Presentation by David Cain Public Comments: Evan Jorgensen, Matt Taylor
David Cain reviewed the financial aspects of the prior 20 year financial plan and provided the City Council with updated information as well as future projects of the budget.

OPEN SESSION
CALL TO ORDER 6:30 p.m.

INVOCATION Mayor Patrick Harper
SALUTE TO THE FLAG Council Member Michael Vo

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

CITY MANAGER / MAYOR UPDATES

City Manager Maggie Le reminded everyone of the Strategic Planning meeting that was upcoming, reminded everyone about the Spark of Love event and that the Ban on Short Term Rentals was almost in effect.

ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS
There were none.

FIRST CITY COUNCIL/ SUCCESSOR AGENCY/ HOUSING AUTHORITY/ PUBLIC COMMENTS (Unscheduled Matters Only)
Katy Wright, Evan Jorgensen, Edward Trujillo

CONSENT CALENDAR
Consent Calendar Items 1 – 2 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: Vo SECOND: Constantine
AYES: Bui, Grandis, Vo, Constantine, Harper
NOES: None
ABSENT: None
ABSTAIN: None

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

3. Pulled by Council Member Vo
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 ACTION: Move 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
MOTION: Vo SECOND: Grandis
AYES: Bui, Grandis, Vo, Constantine, Harper
NOES: None
ABSENT: None
ABSTAIN: None

4. Pulled by Council Member Bui
Amendment No. 1 to CON-20-58 Median and Right-of-Way Landscape Maintenance ACTION: Move to Approve Amendment No. 1 to CON-20-58 Median and Right-of-Way Landscape Maintenance
MOTION: Bui SECOND: Grandis
AYES: Bui, Grandis, Vo, Constantine, Harper
NOES: None
ABSENT: None
ABSTAIN: None

5. Pulled by Council Member Bui
Approve a One-Year Amendment to a Three-Year Agreement with CSG Consultants, Inc. for Fire Plan Check Service through December 31, 2023
ACTION: Move to Approve a One-Year Amendment to a Three-Year Agreement with CSG Consultants, Inc. for Fire Plan Check Service through December 31, 2023 MOTION: Grandis SECOND: Constantine
AYES: Bui, Grandis, Vo, Constantine, Harper
NOES: None
ABSENT: None
ABSTAIN: None

6. Pulled by Council member Grandis
Award of Contract to Allegra Consulting, Inc. for Professional Services

This item was continued to a date uncertain.

PUBLIC HEARINGS

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.

Public Hearing Opened: 7:17 p.m.

There were no public comments
Public hearing Closed: 7:18 p.m.

ACTION: Move to Approve the 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.

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

8. Public Hearing to Adopt an Ordinance Repealing and Reenacting Portions of Title 18 Public Hearing Opened: 7:29 p.m.

There were no public comments
Public hearing Closed: 7:30 p.m.

ACTION: Move to 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.

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

9. Public Hearing and Introduction: Code Amendment No. 19-06 – An Amendment to Section 2.9 of the Fountain Valley Crossings Specific Plan
Public Hearing Opened: 8:06 p.m.

Evan Jorgensen, Bill Bord, Andrea Martell, Rudy Huebner, Tracy Cameron, Susan

Castellanos, Darrel Mymon-Brown, Augie Lascola, Anne Bettinger Jaye Towne Public hearing Closed: 8:29 p.m.

ACTION: Move to Approve the item with the terms being for an initial 15 years, with an additional 15 year option and another 10 year option.

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

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

11. Approval of Amendment Number One with Harper and Burns LLP, Approving an increase in fees
ACTION: Move to Approve an Amendment Number One with Harper and Burns LLP, Approving an increase in fees
MOTION: Vo SECOND: Constantine
AYES: Bui, Grandis, Vo, Harper
NOES: Constantine
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
November 3 Attended the Ribbon Cutting at Sports Basement November 11 Attended the Veterans Day event
November 12 Attended the Hero’s Hall event in Costa Mesa Council Member Vo
November 11 Attended the Veterans Day event
Council Member Grandis
November 5 Attended the Miss Fountain Valley Pancake breakfast Fundraiser November 7 Attended the Fountain Valley School District Educational Foundation November 10 Attended the Coastline College Student Services Center Grad opening November 11 Attended the Veterans Day Ceremony
November 12 Attended the Veterans Day Event at Temple B’Nai Tzedek Mayor Pro Tem Constantine
November 3rd Participated in the Gisler Elementary School clothing drive, then attended the Sports Basement Ribbon Cutting / Grand Opening.

November 5th Assisted with set up of the FV Friends of the Library Bookstore Book Sale, then attended the Miss FV Pancake Breakfast at Fountain Bowl.

November 7th Attended the FV Chamber of Commerce Grand Opening / Ribbon Cutting for the Beach Blvd. Pet Hospital in HB, then volunteered a shift at the Friends of the Library Book Store.

November 8th I watched the OC Board of Supervisors Meeting on their website, then volunteered a shift at the Friends of the Library Book Store.

November 9th Watched the FV Planning Commission Meeting.

November 10th Presented a certificate to Coastline Community College Student Center at the Grand Opening / Ribbon Cutting, then attended the Measure HH Advisory Oversight Meeting at City Hall, participated in the OC Mosquito and Vector Control Special Meeting on Zoom, then attended the Advisory Committee for Persons with Disabilities Committee Meeting at the Senior Center.

November 11th Lead in the crowd in the Pledge of Allegiance at the Veteran’s Day Ceremony in

which special guests included Secretary of State Mike Pompeo, Congresswoman Michelle Steel, and Assembly Member Janet Nguyen.

November 12-13 Attended the Special Olympics at Mile Square Park and welcomed many athletes and coaches.

November 15th I attended the FV Rotary “Most Improved Student” event at the Senior Center in which 3 local school students were recognized, then enjoyed the Thanksgiving Luncheon at the Senior Center.

Mayor Harper
November 3 Attended the Ribbon Cutting at Sports Basement and the Ribbon Cutting at Vista View Elementary School
November 7 Attended the OCTA Regional Planning and Highways meeting November 9 Attended the OCTA Finance meeting and OC Sanitation District Admin meeting November 10 Attended the transit Committee
November 11 Attended the Veterans Day event
November 12 Attended the Special Olympics Opening Ceremonies November 14 Attended the OCTA Board Meeting
November 15 Attended the Rotary Most Improved Student meeting

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

AUTHORITY

Mayor Harper adjourned the meeting in the Memory of Professor To Van Lai and Nguyen Minh Chieu 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

CITY OF FOUNTAIN VALLEY

CITY COUNCIL

COUNCIL ACTION REQUEST
To: Honorable Mayor and Agenda Date: December 6, 2022
Members of the City Council
SUBJECT: Second Reading to Adopt an Ordinance of the City Council of the City of Fountain Valley Repealing and Reenacting Portions of Title 18 of the Fountain Valley Municipal Code (FVMC) and Consideration of a Resolution Setting Forth findings for Required Amendments to the 2022 California Building Codes Related to Local Climatic, Topographic and Geologic Conditions
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 15, 2022, the City Council introduced for first reading of an ordinance repealing and reenacting portions of Title 18 of FVMC and approve a resolution setting forth findings for required amendments to the 2022 California Building Codes related to local climatic, topographic and geologic conditions. 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:

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

PUBLIC NOTIFICATION:

Public notice was published in the Orange County Register a minimum of 10 days prior to the public hearing. Public 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).

Second reading of ordinance related to the adoption of the 2022 California Building Codes December 6, 2022

ATTORNEY REVIEW:

The Attorney(s) for the City of Fountain Valley have reviewed and approved the Ordinance and Resolution as to form.

ALTERNATIVES:

Alternative No. 1:

Alternative No. 2:

Alternative No. 3:

Approve the second reading and adopt an Ordinance of the City Council of the City of Fountain Valley repealing and reenacting portions of Title 18 of the Fountain Valley Municipal Code (FVMC) and adopt a Resolution setting forth findings for required amendments to the 2022 California Building Codes related to local climatic, topographic and geologic conditions.

Do not approve the second reading and adopt an Ordinance of the City Council of the City of Fountain Valley repealing and reenacting portions of Title 18 of the Fountain Valley Municipal Code (FVMC) and adopt a Resolution setting forth findings for required amendments to the 2022 California Building Codes related to local climatic, topographic and geologic conditions. This alternative would require the City to implement state building codes without any amendments.

Continue the item for further consideration.

RECOMMENDATION:

Staff recommends that the City Council approve the second reading and adopt an Ordinance of the City Council of the City of Fountain Valley repealing and reenacting portions of Title 18 of the Fountain Valley Municipal Code (FVMC) and adopt a Resolution setting forth findings for required amendments to the 2022 California Building Codes related to local climatic, topographic and geologic conditions.

Staff is requesting City Council approval of Alternative No. 1 to approve by Adoption of the Ordinance and the Resolution setting forth findings for required amendments to the 2022 California Building Codes.

Prepared by: Darik Doggett, Building Official
Reviewed by: Omar Dadabhoy, Community Development Director Fiscal review by: Ryan Smith, Finance Director
Approved by: Maggie Le, City Manager
Attachments:

1. Ordinance repealing and reenacting portions of Title 18 of the Fountain Valley Municipal Code (FVMC)

2. Resolution setting forth findings for required amendments to the 2022 California Building Codes related to local climatic, topographic and geologic conditions.

3. November 15, 2022 Staff Report

Second reading of ordinance related to the adoption of the 2022 California Building Codes December 6, 2022

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.

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.

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

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.’

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.

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

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.

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.

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.

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.

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

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

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.

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

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

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

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

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;

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;

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,

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.

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

23 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.

18.12.050 Penalties.

Section R108.6 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 double the permit fees as a penalty. In addition, when required by the Building Official, a special investigation shall be performed at a cost established by separate ordnance.

18.12.060 Climatic and Geographic Design.

Table R301.2 (1) is revised to read:

TABLE R301.2 (1)

CLIMATIC AND GEOGRAPHIC DESIGN CRITERIA
GROUN
D
SNOW
LOAD o

WIND DESIGN

SEISMIC
DESIGN
CATEGORY f

SUBJECT TO DAMAGE FROM
WINTER
DESIGN
TEMP e

ICE BARRIER

UNDERLAYMENT
REQUIRED h
FLOOD
HAZARDS g
AIR

FREEZING
INDEX i
MEAN
ANNUAL
TEMP j
Speed d
(mph)
Topographic
effects k
Specia
l wind
region l
Windbor
ne
debris
zone m Weathering a
Frost
line
Depth b Termite c
Zero 110 No No No D2 or E Negligible 12-24” Very Heavy 50 No FVMC

21.14.040 0 64
MANUAL J DESIGN CRITERIA n

ELEVATION LATITUDE WINTER HEATING SUMMER

COOLING

ALTITUDE

CORRECTION
FACTOR

INDOOR DESIGN

TEMPERATURE
DESIGN

TEMPURATURE

COOLING
HEAT

TEMPERATURE

DIFFERENCE
39 34 41 85 70 75

COOLING

TEMURATURE

DIFFERENCE

WIND VELOCITY

HEATING

WIND VELOCITY

COOLING

COINCIDENT WET

BULB DAILY RANGE WINTER HUMIDITY SUMMER HUMIDITY
7 68 22 11 (50% RH)
For SI: 1 pound per square foot = 0.0479 kPa, 1 mile per hour = 0.447 m/s. a. Where weathering may require a higher strength concrete or grade of masonry than necessary to satisfy the structural requirements of this code, the frost line depth strength required for weathering shall govern.

The weathering column shall be filled in with the weathering index (i.e., "negligible," "moderate" or "severe") for concrete as determined from Figure R301.2(1). The grade of masonry units shall be determined from ASTM C 34, ASTM C 55, ASTM C 62, ASTM C 73, ASTM C 90, ASTM C 129, ASTM C 145, ASTM C 216 or ASTM C 652.
b. Where the frost line depth may require deeper footings than indicated in Figure R403.1(1), the frost line depth strength required for weathering shall govern. The jurisdiction shall fill in the frost line depth column with the minimum depth of footing below finish grade.
c. The jurisdiction shall fill in this part of the table to indicate the need for protection depending on whether there has been a history of local subterranean termite damage. d. The jurisdiction shall fill in this part of the table with the wind speed from the basic wind speed map [Figure R30l.2(2)]. Wind exposure category shall be determined on a site-specific basis in accordance with Section R301.2.1.4.

24 e. The jurisdiction shall fill in this section of the table to establish the design criteria using Table 10A from ACCA Manual J or established criteria determined by the jurisdiction. f. The jurisdiction shall fill in this part of the table with the seismic design category determined from Section R301.2.2.1.
g. The jurisdiction shall fill in this part of the table with (a) the date of the jurisdiction's entry into the National Flood Insurance Program (date of adoption of the first code or ordinance for management of flood hazard areas), and the title and date of the currently effective Flood Insurance Study or other flood hazard study and maps adopted by the authority having jurisdiction, as amended. h. In accordance with Sections R905.1.2, R905.4.3.1, R905.5.3.1, R905.6.3.1, R905.7.3.1, and R905.8.3.1, where there has been a history of local damage from the effects of ice damming, the jurisdiction shall fill in this part of the table with "YES." Otherwise, the jurisdiction shall fill in this part of the table with "NO."
i. The jurisdiction shall fill in this part of the table with the 100-year return period air freezing index (BFdays) from Figure R403.3 (2) or from the l00-year (99 percent) value on the National Climatic Data Center data table "Air Freezing Index- USA Method (Base 32°)." j. The jurisdiction shall fill in this part of the table with the mean annual temperature from the National Climatic Data Center data table "Air Freezing Index-USA Method (Base 32°F)." k. In accordance with Section R301.2.1.5, where there is local historical data documenting structural damage to buildings due to topographic wind speed-up effects, the jurisdiction shall fill in this part of the table with "YES." Otherwise, the jurisdiction shall indicate "NO" in this part of the table. l. In accordance with Figure R301.2(2), where there is local historical data documenting unusual wind conditions, the jurisdiction shall fill in this part of the table with “YES” and identify any specific requirements.

Otherwise, the jurisdiction shall indicate “NO” in this part of the table. m. In accordance with Section R301.2.1.2, the jurisdiction shall indicate the wind-borne debris wind zone(s).

Otherwise, the jurisdiction shall indicate “NO” in this part of the table. n. The jurisdiction shall fill in this section of the table to establish the design criteria using Table 1a or 1b from ACCA Manual J or established criteria determined by the jurisdiction. o. The jurisdiction shall fill in this section of the table using the Ground Snow Loads in Figures R301.2(3) and R301.2(4).

18.12.070 Automatic Fire Sprinkler Systems.

Section R313.1 exception and R313.2 exceptions are deleted. The following will be added to R313.1 and R313.2:

Exception: Any addition or alteration to an existing residential building shall retrofit with automatic fire sprinkler system when a structure exceeds 3,500 square feet and the addition or alteration that is made exceeds thirty (30) percent of the original building square footage.

18.12.080 Preliminary Soils Report.

As required by Chapter 4 California Residential Code Section R401.4. is added to Chapter 4:

The Building Official may require a geologic or geotechnical report or both, in accordance with the 2022 California Residential Code Section R401. This section shall include any new residential construction or additions to existing structures. As part of this evaluation the Building Official shall require a site visit to determine the need for a geologic or geotechnical report or both. A fee shall be collected for each site visit.

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

25 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.

18.12.100 Roofing Covering Materials.

Section R902.1 is amended by revising it to allow only class A or B roofs as follows:

R902.1 Roofing covering materials.

Roofs shall be covered with materials as set forth in Sections R904 and R905. A minimum Class A or B roofing shall be installed in areas designated by this section or where the edge of the roof I less than 3 feet (914 mm) from a lot line. Class A and B roofing required by this section to be listed shall be tested in accordance with UL 790 or ASTM E 108.

Exceptions:

1. Class A roof assemblies include those with coverings of brick, masonry and exposed concrete roof deck.

2. Class A roof assemblies also include ferrous or copper shingles or sheets, metal sheets and shingles, clay or concrete roof tile, or slate installed on noncombustible decks.

18.12.110 Roof Coverings Within All Other Areas.

Section R902.1.2 is amended by revising it to require a minimum Class B roof as follows:

R902.1.2 Roof coverings within all other areas.

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.

18.12.120 Fire-Retardant-Treated Shingles and Shakes.

Section R902.2, first paragraph is amended by revising it to allow only Class A or B treated wood roofs as follows:

R902.2 Fire-retardant-treated shingles and shakes.

26 Fire-retardant-treated wood shakes and shingles are wood shakes and shingles complying with UBC Standard 15-3 or 15-4 which are impregnated by the full-cell vacuum-pressure process with fire-retardant chemicals, and which have been qualified by UBC Standard 15-2 for use on Class A or B roofs.

18.12.130 Chimney Spark Arresters.

Section R1001.14 Chimney spark arresters of the California Residential Code is hereby added as follows:

R1001.14 Chimney spark arresters. All chimneys attached to any appliance or fireplace that burns solid fuel shall be equipped with an approved spark arrester. Chimneys serving outdoor appliances or fireplaces shall be equipped with a spark arrester. The spark arrester shall meet the requirements of Section 2113.9.2 of the California Building Code.

Chapter 18.16

PLUMBING CODE

18.16.010 Plumbing Code Adopted.

The 2022 Edition of the California Plumbing Code, California Building Standards Code, known as the California Code of Regulations, Title 24, Part 5, incorporating the Uniform Plumbing Code, 2021 Edition, including Appendix A, Appendix B, Appendix D, and Appendix I published by the International Association of Plumbing and Mechanical Officials, with the amendments set forth in Section 18.16 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.

Chapter 18.20

CALIFORNIA ELECTRICAL CODE

18.20.010 Electrical Code Adopted.

The 2022 Edition of the California Electrical Code, California Building Standards Code, known as the California Code of Regulations, Title 24, Part 3, incorporating the National Electrical Code, 2020 Edition including Annex A, Annex B, Annex C, Annex D, Annex E and Annex I, published by the National Fire Protection Association with the amendments set forth in Section 18.20 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.

18.20.020 Conductor Material.

Article 310.3(B) is hereby amended by the deleting of a second paragraph replacing it to read:

Copper wire shall be used for wiring No. 6 and smaller in all installations. Consideration for use of aluminum wiring can be made by the building official for feeder lines only on an individual basis where adequate safety measures can be ensured.

27 (Ord. 1418 § 2, 2007)
Chapter 18.22

CALIFORNIA ENERGY CODE

18.22.010 California Energy Code Adopted.

The 2022 Edition of the California Energy Code known as the California Code of Regulations, Title 24, Part 6, published by the International Code Council. There is one copy of said code on file in the office of the Building Official for use and examination by the public.

Chapter 18.24

CALIFORNIA MECHANICAL CODE

18.24.010 California Mechanical Code Adopted.

The 2022 Edition of the California Mechanical Code, California Building Standards Code, known as the California Code of Regulations, Title 24, Part 4, incorporating the Uniform Mechanical Code, 2021 Edition, published by the International Association of Plumbing and Mechanical Officials, with the amendments set forth in Section 18.24 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.

Chapter 18.26

CALIFORNIA EXISTING BUILDING CODE

18.26.010 California Existing Building Code Adopted.

The 2022 Edition of the California Existing Building Code, California Building Standards Code, known as the California Code of Regulations, Title 24, Part 10, incorporating the International Building Code, 2021 Edition. There is one copy of said code on file in the office of the Building Official for use and examination by the public.

Chapter 18.27

SOLAR PERMITTING PROCESS

18.27.010 Purpose.

The purpose of this Chapter is to adopt an expedited, streamlined solar permitting process that complies with the Solar Rights Act and AB 2188 (Chapter 521, Statutes 2014) to achieve timely and cost-effective installations of small residential rooftop solar energy systems. This Chapter encourages the use of solar systems by removing

28 unreasonable barriers, minimizing costs to property owners, and expanding the ability of property owners to install solar energy systems. Moreover, allows the City to achieve these goals while protecting the public health and safety.

18.27.020 Definitions.

As used in this Chapter, the following terms and phrases shall have the meaning ascribed to them in this section:
(a) In accordance with Civil Code section 801.5, a “Solar Energy System” means, either of the following:

1. Any solar collector or other solar energy device whose primary purpose is to provide for the collection, storage, and distribution of solar energy for space heating, space cooling, electric generation, or water heating.

2. Any structural design feature of a building, whose primary purpose is to provide for the collection, storage, and distribution of solar energy for electricity generation, space heating or cooling, or for water heating.
(b) A “small residential rooftop solar energy system” means all of the following:

1. A solar energy system that is no larger than 10 kilowatts alternating current nameplate rating or 30 kilowatts thermal.

2. A solar energy system that conforms to all applicable state fire, structural, electrical, and other building codes as adopted by the City of Fountain Valley and all state health and safety standards, including, but not limited to, Civil Code section 714(c)(3).

3. A solar energy system that is installed on a single or duplex family dwelling.

4. A solar panel or module array that does not exceed the maximum legal building height as defined by the City of Fountain Valley. (c) “Electronic submittal” means the utilization of the following:

1. The Internet.
(d) An “association” means a nonprofit corporation or unincorporated association created for the purpose of managing a common interest development.
(e) A “common interest development” means any of the following:

1. A community apartment project.

2. A condominium project.

29 3. A planned development.

4. A stock cooperative.
(f) “Specific, adverse impact” means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, and written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete.
(g) “Reasonable restrictions” on a solar energy system are those restrictions that do not significantly increase the cost of the system or significantly decrease its efficiency or specified performance, or that allow for an alternative system of comparable cost, efficiency, and energy conservation benefits.
(h) “Restrictions that do not significantly increase the cost of the system or decrease its efficiency or specified performance” means:

1. For Water Heater Systems or Solar Swimming Pool Heating Systems: an amount exceeding 10 percent of the cost of the system, but in no case more than one thousand dollars ($1,000), or decreasing the efficiency of the solar energy system by an amount exceeding 10 percent, as originally specified and proposed.

2. For Photovoltaic Systems: an amount not to exceed one thousand dollars ($1,000) over the system cost as originally specified and proposed, or a decrease in system efficiency of an amount exceeding 10 percent as originally specified and proposed.

18.27.030 Applicability.
(a) This Ordinance applies to the permitting of all small residential rooftop solar energy systems in the City.
(b) Small residential rooftop solar energy systems legally established or permitted prior to the effective date of this Ordinance are not subject to the requirements of this Ordinance unless physical modifications or alterations are undertaken that materially change the size, type, or components of a small rooftop energy system in such a way as to require new permitting.

Routine operation and maintenance or like-kind replacements shall not require a permit.

18.27.040 Solar Energy System Requirements.
(a) All solar energy systems shall meet applicable health and safety standards and requirements imposed by the state and the City Fire Department. (b) Solar energy systems for heating water in single-family residences and for heating water in commercial or swimming pool applications shall be certified by an accredited listing agency as defined by the California Plumbing and Mechanical Code.

30 (c) Solar energy systems for producing electricity shall meet all applicable safety and performance standards established by the California Electrical Code, the Institute of Electrical and Electronics Engineers, and accredited testing laboratories such as Underwriters Laboratories and, where applicable, rules of the Public Utilities Commission regarding safety and reliability.

18.27.050 Duties of Building Department and Building Official. (a) All documents required for the submission of an expedited solar energy system application shall be made available on the publicly accessible City website.
(b) Electronic submittal of the required permit application and documents by the Internet shall be made available to all small residential rooftop solar energy system permit applicants.
(c) An applicant’s electronic signature shall be accepted on all forms, applications, and other documents in lieu of a wet signature. (d) The City’s Building Department shall adopt a standard plan and checklist of all requirements with which small residential rooftop solar energy systems shall comply to be eligible for expedited review.
(e) The small residential rooftop solar system permit process, standard plan(s), and checklist(s) shall substantially conform to recommendations for expedited permitting, including the checklist and standard plans contained in the most current version of the California Solar Permitting Guidebook adopted by the Governor’s Office of Planning and Research. (f) All fees prescribed for the permitting of small residential rooftop solar energy system must comply with Government Code Section 65850.55, Government Code Section 66015, Government Code Section 66016, and State Health and Safety Code Section 17951.

18.27.060 Permit Review and Inspection Requirements.
(a) The City Building Department shall adopt an administrative, nondiscretionary review process to expedite approval of small residential rooftop solar energy systems within 30 days of the adoption of this Ordinance. The Building Department shall issue a building permit or other nondiscretionary permit the same day for over-the-counter applications or within 1-3 business days for electronic applications of receipt of a complete application and meets the requirements of the approved checklist and standard plan. A Building Official may require an applicant to apply for a use permit if the official finds, based on substantial evidence, that the solar energy system could have a specific, adverse impact upon the public health

31 and safety. Such decisions may be appealed to the Planning and Building Director.
(b) Review of the application shall be limited to the Building Official’s review of whether the application meets local, state, and federal health and safety requirements.
(c) If a use permit is required, a Building Official may deny an application for the use permit if the official makes written findings based upon substantive evidence in the record that the proposed installation would have a specific, adverse impact upon public health or safety and there is no feasible method to satisfactorily mitigate or avoid, as defined, the adverse impact. Such findings shall include the basis for the rejection of the potential feasible alternative for preventing the adverse impact. Such decisions may be appealed to the Planning and Building Director.
(d) Any condition imposed on an application shall be designed to mitigate the specific, adverse impact upon health and safety at the lowest possible cost. (e) “A feasible method to satisfactorily mitigate or avoid the specific, adverse impact” includes, but is not limited to, any cost-effective method, condition, or mitigation imposed by the City on another similarly situated application in a prior successful application for a permit. The City shall use its best efforts to ensure that the selected method, condition, or mitigation meets the conditions of subparagraphs (A) and (B) of paragraph (1) of subdivision (d) of Section 714 of the Civil Code defining restrictions that do not significantly increase the cost of the system or decrease its efficiency or specified performance.
(f) The City shall not condition approval of an application on the approval of an association, as defined in Section 4080 of the Civil Code. (g) If an application is deemed incomplete, a written correction notice detailing all deficiencies in the application and any additional information or documentation required to be eligible for expedited permit issuance shall be sent to the applicant for resubmission.
(h) Only one inspection shall be required and performed by the Building Department for small residential rooftop solar energy systems eligible for expedited review.
(i) The inspection shall be done in a timely manner and should include consolidated inspections. An inspection will be scheduled within one business days.
(j) If a small residential rooftop solar energy system fails inspection, a subsequent inspection is authorized but need not conform to the requirements of this Ordinance.

32 Chapter 18.28

CALIFORNIA GREEN BUILDING STANDARDS CODE

18.28.010 California Green Building Standards Code Adopted.

The 2022 Edition of the California Green Building Standards Code, California Building Standards Code, known as the California Code of Regulations, Title 24, Part 11, also known as the CALGreen Code, published by the International Code Council. There is one copy of said code on file in the office of the Building Official for use and examination by the public.

Chapter 18.32

INTERNATIONAL PROPERTY MAINTENANCE CODE

18.32.010 International Property Maintenance Code Adopted.

The 2021 Edition of the International Property Maintenance Code, as published by the International Code Council is hereby adopted as the Property Maintenance Code for the City. There is one copy of said code on file in the office of the Building Official for use and examination by the public.

Chapter 18.33

INTERNATIONAL SWIMMING POOL AND SPA CODE

18.33.010 International Swimming Pool and Spa Code Adopted.

The 2021 Edition of the International Swimming Pool and Spa Code, as published by the International Code Councils hereby adopted as the Swimming Pool and Spa Code of the City. There is one copy of said code on file in the office of the Building Official for use and examination by the public.

Chapter 18.34

PAVING PERMITS

18.35.010 Parking Area.

A parking area is an area or space designed, used, or intended to be used for the storage, parking, maintenance, service, driving, repair, display, or operation of vehicles, and includes areas used or intended to be used for driveway or access to such parking areas from the public right-of-way to such area, but does not include public roads, streets, highways, and alleys.

18.34.020 Scope.

No areas shall be used for the storage, parking, maintenance, service, driving, repair, display, or operation of vehicles unless constructed and maintained in accordance with the terms and provisions of this Chapter, except:

33 (a) That portion of any land coming within the definitions of parking area in use for such purposes on the effective date of the Ordinance enacting this Chapter and which is paved and is being maintained in a safe manner so as not to become a nuisance may continue in use without meeting the provisions of this Chapter; however, any extension, alteration, or reconstruction of such areas in whole or in part shall be subject to the terms and provisions of this Chapter.
(b) The Building Official may authorize temporary parking areas to be used in connection with special events, new construction, or areas to be used for a limited period of time not exceeding six months where construction of permanent facilities in accordance with the standards of this Chapter would be impractical. The Building Official may impose requirements for dust control, temporary paving, or such other requirements as may be necessary to accomplish the intent of this Chapter, as conditions pursuant to authorization.

18.34.030 Permit Required.

No person, firm or corporation shall construct, reconstruct, alter, enlarge, or pave any parking area without first obtaining a separate parking paving permit from the Building Official. Including:
(a) Resurfacing of an existing parking lot that will require parking lot re-striping. (b) Re-striping of an existing parking lot with or without resurfacing. (c) Re-grading of an existing parking lot that will require parking lot re-striping.

Permits will only be issued to those persons having the appropriate contractor’s license as determined by the Contractors State License Board and the applicable state law.

Separate paving permits shall not be required in the following situations:
(a) No paving permit shall be required for any paving work within or under a building for which a valid building permit has been issued. (b) No paving permit shall be required for paving work serving residential occupancies where the areas to be paved do not exceed one thousand square feet in area.

18.34.040 Standards.

Parking areas shall be constructed in accordance with the standards set forth in Section

21.60.060 of this code.

18.34.050 Plans.

Plans for parking areas shall be included in the grading plans and shall be submitted to the Building Official for checking. Also to be included in the plans shall be the specifications for the composition of the paving materials.

18.34.060 Fees.

Fees for paving permits shall be set forth by a resolution of the City Council.

18.34.070 Approvals Required.

34 (a) No work shall be done on any parking area beyond the point authorized in each successive inspection without first obtaining the approval of the Building Official. Such approval shall be given only after an inspection shall have been made of each successive step in the construction as indicated by each of the inspections required by subsection (b) of this section. (b) The Building Official, upon notification from the permit holder or the permit holder’s agent, shall make the following inspections of parking areas and shall approve that portion of the construction as completed or shall notify the permit holder or the permit holder’s agent wherein the same fails to comply with the law:
(1) Subgrade Inspection. To be made when the compaction report has been received by the Building Official and after the site has been cleared and is prepared to receive fill material or aggregate base.

When no fill operation is to be done, or the fill is minor in nature, subgrade inspection may be waived by the Building Official; (2) Base Inspection. To be made after base or subgrade has been brought to proper grade and alignment for placing of paving materials and after all required curbing and gutters are in place; (3) Final Inspection. To be made when parking area is complete and all requirements of this Chapter have been met.

18.34.080 Testing.

When there is insufficient evidence of compliance with the provisions of this Chapter or evidence that any material or any construction does not conform to the requirements of this Chapter, or in order to substantiate claims for alternate materials or methods of constructions, the Building Official may require tests as proof of compliance to be made at the expense of the owner or his agent by an approved agency.

18.34.090 Preparation of Surface to be Paved.
(a) Preparation of surfaces to be paved shall be performed in accordance with the standard specifications for public works construction. (b) Soil sterilization shall be used in all areas to be paved. Sterilants shall be applied in accordance with manufacturers’ recommendations and shall be evidenced by a certification of compliance from the permit holder.

18.34.100 Maintenance.

All parking areas shall be maintained in a safe and sanitary condition and shall be kept in good repair. Any alteration, enlargement, or reconstruction, in whole or in part, other than normal maintenance repairs, shall be pursuant to permit and subject to the provisions of this Chapter.

18.34.110 Penalties.

Any person, firm, or corporation violating any of the provisions of this Chapter 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

35 during which any violation of this Chapter occurs or continues constitutes a separate offense and, upon conviction thereof, shall be punishable as provided in this section.

Chapter 18.36

STRONG MOTION INSTRUMENTATION PROGRAM

18.36.010 Scope and Purpose.

In accordance with Chapter 8, Division 2 of the California Public Resources Code, the City imposes a fee upon all construction permits for purposes of administering the state of California Strong Motion Instrumentation Program. Said fees are in addition to any and all other fees required of applicants for the issuance of a construction permit.

18.36.020 Definitions.
“Construction permit” is defined as a general permit for the construction or erection of a new structure or the renovation of an existing structure; or a permit for the installation or repair of electrical, plumbing, heating, and air conditioning equipment in a structure; or the installation of a sewer; or the grading or excavation of earth materials; or the installation of paving materials.

18.36.030 Fee Schedule.

Every applicant for a construction permit shall pay a strong motion instrumentation program fee as prescribed and stated in Public Resources Code Division 2, Chapter 8.

18.36.040 Administration.

The Director of Finance shall file all reports and pay all fees as required by the provisions of Chapter 8, Division 2 of the California Public Resources Code and shall comply with all rules and regulations of the state of California Department of Conservation, as administrative agency for the program.

Chapter 18.37

POST-DISASTER RECOVERY AND RECONSTRUCTION
Article 1. Post-Disaster Safety Assessment Placards and Security

18.37.020 Scope.

This Chapter establishes standard placards to be used to indicate the condition of a structure for continued occupancy after any natural or man-made disaster. It further authorizes the Building and Safety Department, as well as authorized representatives, to post appropriate placards at each entry point to a building or structure upon completion of a safety assessment.

18.37.030 Application of Provisions.

36 The provisions of this Chapter are applicable to all buildings and structures, of all occupancies, regulated by the City following each natural or man-made disaster.

18.37.040 Definitions.

Building Official is defined in Chapter 2 of the California Building Code.

Safety Assessment is a visual examination of a building or structure for the purpose of determining whether continued use or occupancy is appropriate following a natural or man-made disaster.

18.37.050 Placards.

The following official placards must be used to designate the condition of buildings or structures following a disaster.
(Green) Inspected - Lawful Occupancy Permitted. Posted on any building or structure where no apparent hazard has been found. Placement of this placard does not mean that there is no damage to the building or structure.
(Yellow) Restricted or Limited Entry. Posted on each damaged building or structure where damage has created a hazardous condition which justifies restricted occupancy.

The Building Official who posts this placard will note in general terms the hazard created and will clearly and concisely note the restrictions on occupancy. (Red) Unsafe – Do Not Enter or Occupy. Posted on each damaged building or structure such that continued occupancy poses a threat to life or health. Buildings or structures posted with this placard may be entered only after authorization in writing by the Building Official. Safety assessment teams are authorized to enter these buildings at any time.

This placard may not be used or considered as a demolition order. The official who posts this placard must make a note in general terms of the damage encountered.

18.37.060 Securing of Unsafe Buildings or Structures.

Buildings or structures that have been determined by the Building Official to pose a threat to life safety or to be unsafe due to damage may be required by the Building Official to be secured from entry by fencing or other approved means until such time that the damage or threat to life is removed by repair, reconstruction, or demolition. The fencing or security measures may not be removed without authorization from the building official.

18.37.070 Removal of Placards.

Once the placard has been attached to a building or structure, it may not be removed, altered, or covered until authorized by the Building Official. Placards may be removed upon issuance of a permit to repair the damage. Issuance of a permit may not necessarily constitute approval to reoccupy the structure. The structure may not be occupied until authorized by the Building Official

18.37.080 Violation.

37 Any violation of Chapter 9 of this code is a misdemeanor and will be subject to punishment according to the provisions of Section 106 of the 2015 International Property Maintenance Code.

Article 2. Post Disaster Abatement

18.37.110 Intent.

This Chapter establishes abatement criteria for all buildings and structures damaged as a result following each natural or man-made disaster.

18.37.120 Application of Provisions.

The provisions of this Chapter are applicable to all buildings and structures regulated by the City.

18.37.130 Definitions.

For the purpose of the Chapter, the following definitions apply:

Event means any occurrence, which results in the declaration of a disaster, including but not limited to, fires, debris flows, landslides, wind storms, earthquakes, explosions, and floods.

Safety Assessment is a visual examination of a building or structure for the purpose of determining whether continued use or occupancy is appropriate following a natural or man-made disaster.

Article 3. Abatement Criteria

18.37.210 Notice of Determination.

Except as provided in Section 18.37.220 below, the Building Official must serve a written Notice of Determination to each property owner as found on the latest available copy of the last equalized assessment roll. Such Notice of Determination must be delivered by hand-delivery, telephone, telegram, facsimile, or other reasonable means, and must clearly indicate that the structure or part of the structure is an imminent hazard and dangerous and that, as such, it constitutes a public nuisance. The notice must set forth those factors which, in the opinion of the Building Official, make the structure an imminent hazard and dangerous, and must also include a directive from the Building Official of the specific action or actions to be taken by the property owner. The Notice must specify that within 72 hours from the time of issuance of the Notice of Determination, the owner or other party of record with an equitable or legal interest in the property must submit a hazard abatement plan and abate the nuisance in accordance with the directives written in the Notice of Determination by the Building Official.

18.37.220 Notice of Determination Exception.

No prior notice is required, when the building official, after considering all the facts, determines, in writing, that the structure or part of the structure is an imminent hazard and

38 dangerous, and that it must be abated immediately and that time and circumstances do not permit the giving of prior notice to the owner. In those cases, where time and circumstances do not permit the City to give the owner notice prior to abatement, the Building Official may cause the nuisance to be summarily abated.

18.37.230 Appeal of Notice of Determination.

A Notice of Determination delivered by the Building Official, that a building or structure is an imminent hazard and dangerous and therefore must be abated, may be appealed by the property owner or any other party of record with an equitable or legal interest in the property. Such appeal must be made to the Building Official within 48 hours of delivery of such Notice of Determination by the Building Official. Such appeal must be accompanied by a written Hazard Abatement Plan signed by a State of California licensed engineer or architect or by a written report by a State of California licensed engineer or architect stating why the engineer or architect feels the building or structure is not an imminent hazard or dangerous at this time. Such report must include a recommendation by the engineer or architect as to what should or should not be done at this time. If the Building Official accepts the proposed Hazard Abatement Plan in lieu of the Notice of Determination, the Hazard Abatement Plan must be implemented within 24 hours of acceptance by the Building Official. If the Building Official accepts an engineer's report and agrees there is no imminent hazard, the Building Official must rescind, in writing, the Notice of Determination. Should the Building Official disagree with the Hazard Abatement Plan, or should the Building Official disagree with the engineer's or architect's report, a hearing must be conducted by the Board of Appeals, as soon as a quorum can be assembled.

18.37.240 Board of Appeals Hearing.

At the hearing, the appellant has the right to call witnesses, to submit evidence, and to cross-examine the witnesses of the City. All witnesses must be sworn. A record of the proceedings must be made by tape recording. Any relevant evidence may be submitted, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in civil actions in the courts of this State. At the close of the hearing, the Board of Appeals must act to either uphold, overrule, or modify the determination and order of the Building Official. The determination and order of the Building Official will be upheld, unless the Board of Appeals finds, based upon the evidence in the record, that the Building Official erred in determining that the structure is an imminent hazard and dangerous. The decision of the Board of Appeals, with the reasons therefore, may be given orally on the record. If given orally, the decision must be memorialized in writing and served upon the applicant within 24 hours of the time the oral decision is rendered. If the Board of Appeals upholds the decision of the Building Official, the property owners of record will be ordered to abate the public nuisance within the time set forth in the order. If the structure is determined not to be an imminent hazard and dangerous, the Building Official's determination and order will be vacated. The decision of the Board of Appeals will be final on the date it is rendered.

18.37.250 Hazard Abatement Plan.

Before any work is started to abate the hazard, a hazard abatement plan shall be

39 submitted for approval. Unless waived by the Building Official, a hazard abatement plan shall be signed by a State of California licensed engineer or architect. If a Hazard Abatement Plan is approved by the Building Official, the owner or other interested party of record must execute such plan within 24 hours of obtaining approval of the plan and permit from the Building Official. Within 24 hours of completion of the abatement work the owner or other interested party of record must provide the Building Official with a written certification that the public nuisance, as described in the Building Official's Notice of Determination, has been abated. If the work performed pursuant to the Hazard Abatement Plan amounts to temporary abatement, the owner or other party of record, prior to proceeding with permanent repairs, must obtain required permits and file a damage assessment report with the Building Official. The damage assessment report must be reviewed and approved by the Building Official prior to proceeding with permanent repairs.

18.37.260 Failure to Perform.

In those instances, where the property owner or other interested party of record either does not respond to the Building Official's Notice of Determination or approved Hazard Abatement Plan, responds untimely, or responds timely but fails to abate the public nuisance within the required time period, the imminent hazard and dangerous structure will be subject to immediate abatement by the Building Official.

18.37.270 Public Nuisance.

All structures or portions of such structures which, after inspection by the Building Official, are determined to be an imminent hazard and dangerous, either to the public, occupants of the subject structure, or to any adjacent structures, are hereby declared to be public nuisances and must be abated by the owner in accordance with the procedures specified in Section 902.4.5.

18.37.280 Suspension of Abatement of Work.

Notwithstanding any code provisions to the contrary, the Building Official is authorized to suspend abatement work by the City’s contractors, and to allow the property owner or other party of legal interest to complete the abatement work.

18.37.290 Change of Status.

When the conditions making a structure an imminent hazard and dangerous have been abated, the structure will no longer be considered an imminent hazard and dangerous.

However, if the abatement work is temporary in nature, as determined by the Building Official, the structure will remain subject to the provisions of this section.

18.37.300 Demolition Permit.

If the owner of any building or structure has decided to demolish rather than repair, the owner, or the owner's representative, must obtain a demolition permit.

40 Article 4. Disaster Repair and Reconstruction

18.37.410 Intent.

This section establishes standards and regulations for the expeditious repair and reconstruction of structures damaged as a result of a disaster for which a local emergency has been declared.

18.37.420 Application of Provisions.

18.37.430 Declaration of Emergency.

The provisions of this Chapter are applicable to all buildings and structures regulated by the City following each disaster after a local emergency has been declared.

18.37.440 Waiver for Engineering Evaluation.

The requirements of this Chapter may be waived by the Building Official subject to an Engineering Evaluation as defined in Section 903.3.4.

18.37.450 Definitions.

For the purpose of this section, the following definitions apply:

Architect is a person licensed by the State of California to practice architecture, as prescribed by the State of California Business and Professions Code.

Civil Engineer is a person registered by the State of California to practice Civil Engineering, as prescribed by the State of California Business and Professions Code.

Current Code means those codes adopted by the City pursuant to California Health and Safety Code § 18941.5.

Engineering Evaluation is an evaluation of a damaged building or structure, or suspected damaged building or structure, performed under the direction of a structural engineer, civil engineer, or architect retained by the owner of the building or structure.

Engineering evaluations must, at a minimum, contain recommendations for repair and an appropriate opinion of the construction cost for those repairs. All engineering evaluations must include the engineer's or architect’s stamp, wet-signature, and license expiration date.

Essential Service Facility means those buildings or structures designated by the City to house facilities necessary for emergency operations subsequent to a disaster.

Replacement Value is the dollar value, as determined by the building official, for replacing a damaged structure with a new structure of the same size, same type of construction, and same occupancy, and located on the same site.

41 Structural Engineer is a person registered by the State of California to practice civil engineering and to use the title, Structural Engineer, as defined in Section 5537.1 of the State of California Business and Professions Code.

Value of Repair is the dollar value, as determined by the Building Official, for making necessary repairs to the damaged structure.

Article 5. Repair Criteria

18.37.510 General.

Buildings and structures of all occupancies which have been damaged as the result of a disaster, except as otherwise noted, must be repaired in accordance with the following criteria:

18.37.520 Up to Ten Percent Repair Value.

When the estimated value of repair does not exceed ten percent of the replacement value of the structure, the damaged portion may be restored to the pre-disaster condition; except that when the damaged elements include suspended ceiling systems, the ceiling system must be repaired with all bracing required by current code.

18.37.530 Up to Fifty Percent Repair Value.

When the estimated value of repair is greater than ten percent but less than fifty percent of the replacement value of the structure, the damaged elements must be repaired and brought into conformance with the structural requirements of the current code.

18.37.540 More than Fifty Percent Repair Value.

When the estimated value of repair is fifty percent or more of the replacement value of the structure, the entire structure must be brought into conformance with the fire and life safety and structural requirements of the current code.

18.37.550 Chimney Value Exclusion.

In Group R, Division 3, occupancies, the repair value of damaged chimneys may be excluded from the computation of percentage of replacement value. Damaged chimneys must be repaired in accordance with Section 18.37.600.

Article 6. Repair Criteria for Fireplaces and Chimneys

18.37.610 General.

All damaged chimneys must be repaired or reconstructed to comply with the requirements of Chapter 21 of the California Building Code. Damaged portions of chimneys must be removed in accordance with the following criteria.

18.37.620 Damage above the Roof Line.

42 When the damaged portion of the chimney is located between the roof line and the top of the chimney, the damaged portion may be removed to the roof line provided the roof and ceiling anchorage are in sound condition. The reconstruction portion of the chimney must be braced to the roof structure using an approved method.

18.37.630 Single-Story Structure Damage below the Roof Line.

For a single-story structure in which the damaged portion of the chimney is below the roof line, or the damaged portion extends from above the roof line to below the roof line, the chimney must be removed to the top of the firebox.

18.37.640 Multi-Story Structure Damage below the Roof Line.

For a multi-story structure, the damaged portion of the chimney must be removed from the top to a floor line where anchorage is found.

18.37.650 Firebox Damage.

In any structure where the firebox has been damaged, the entire chimney and firebox must be removed to the foundation. If the foundation is in sound condition, the firebox and chimney may be reconstructed using the existing foundation. If the foundation has been damaged, the foundation must be removed and replaced. Such reconstruction and replacement must be in accordance with Chapter 21 of the California Building Code.

18.37.660 Engineered Alternate Solutions.

Where existing conditions preclude the installation of all anchorage required by Chapter 21 of the California Building Code, alternate systems may be used in accordance with the alternate methods and materials provisions of the California Building Code when approved by the Building Official.

18.37.670 Bracing.

Where the portion of the chimney extending above the roof line exceeds two times the least dimension of the chimney, that portion above the roof line must be braced to the roof structure using an approved method.”
SECTION 3
Fees for compliance with the above codes shall be established in a separate resolution.

SECTION 4

Severability. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held out to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council and the City of Fountain Valley hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase, or portion thereof irrespective of the fact that any one or more sections, subsection,

43 sentence clause, phrases, or portions to be declared valid or unconstitutionally.

SECTION 5
The City Clerk shall certify to the adoption of this Ordinance and cause it to be published as required by law. This Ordinance shall become effective thirty (30) days hereafter and after the State Building Standard Code is effective.

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

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

Harper & Burns LLP
___________________________
Attorneys for the City
City of Fountain Valley

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOUNTAIN

VALLEY, CALIFORNIA, SETTING FORTH FINDINGS FOR REQUIRED AMENDMENTS TO THE 2022 CALIFORNIA BUILDING CODES

RELATIVE TO LOCAL CLIMATIC, TOPOGRAPHIC AND GEOLOGIC

CONDITIONS
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, pursuant to Health and Safety Code section 17922, cities are required to adopt the most recent versions 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, pursuant to Health and Safety Code section 17958.5, cities are allowed to make modifications or changes to the Codes, which are reasonably necessary because of local topographical, climatic and geographical conditions; and WHEREAS, pursuant to Health and Safety Code section 17958.7, the City Council, before making any modifications of changes to the Codes, must make express findings that such changes or modifications are reasonably necessary due to local conditions of the City of Fountain Valley and the City Council desires to hereby make such express findings; and
WHEREAS, the City of Fountain Valley Planning and Building Department have recommended that changes and modifications be made to the Codes and have advised that certain said changes and modifications to the Codes are reasonably necessary due to local conditions in the City of Fountain Valley and have further advised that the remainder of said changes and modifications are of an administrative or procedural nature, or concern themselves with subjects not covered by the Codes or are reasonably necessary to safeguard life and property within the City of Fountain Valley.

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

Section 1: Amendments related to life and fire safety contained in Sections 105.2, 105.8, 109.4, 109.6, 202, 903.2, Table 1505.1, 1505.1.2, 1505.5, 1505.7,1803.1.1.1, 3109.3, 3109.3.1 through 3109.3.3 of the 2022 Edition of the California Building Code and Sections R105.2, R105.10, R108.5, R108.6, Table R301.2 (1), R313.1, R313.2, R401.4, R902.1, R902.1.2, R902.2, and R1001.14 of the 2022 Edition of the California Residential Code, and 310.3 (B) of the 2022 Edition of the California Electrical Code as recommended by the Fountain Valley Planning and Building Department are hereby found to be reasonably necessary due to the following local conditions:

Resolution No. ____

A. Climatic Conditions

1. Hot, dry Santa Ana winds are common to all areas within the City of Fountain Valley and Orange County in general. These winds, which can cause small fires to spread quickly, are a contributing factor to the high fire danger in the area, and create the need for an increased level of fire protection. This added protection will supplement normal fire department response available and provide immediate protection for life and safety of multiple occupants during fire occurrences.

2. Orange County and the City of Fountain Valley are located in a semi-arid Mediterranean type climate which predisposes all fuels, including wood shingles, to rapid ignition and spread of fire. Therefore, there exists a need for additional fire protection measures.

3. The warm, dry climate is conducive to swimming pools which creates a higher probability of child drownings where pools are unprotected.

B. Geologic Conditions

1. Orange County and the City of Fountain Valley are located in a highly active seismic area (Zone D and E). There are earthquake faults that run along both the northeastern and southwestern boundaries of Orange County. The NewportInglewood Fault Zone (NIFZ) which runs through Orange County was the source of the destructive 1933 Long Beach earthquake (6.3 magnitude, hypocenter off Newport Beach coast), which took 120 lives, with areas damaged from Laguna Beach to Marina del Rey and inland to Whittier, and poses one of the greatest hazards to lives and property in the nation. Regional planning for reoccurrence is recommended by the State of California, Department of Conservation. There was also an earthquake in December 1989, with the epicenter located near the City of Irvine. The fault on which this quake occurred was unknown prior to this activity. The October 17, 1989, Santa Cruz earthquake resulted in only one major San Francisco fire in the Marina district, but when combined with the 34 other fires and over 500 responses, the department was taxed to its full capabilities. The Marina fire was difficult to contain because mains supplying water to the district burst during the earthquake. If more fires had been ignited by the earthquake, it would have been difficult for the fire department to contain them. Experts predict a major earthquake in our area within the next 50 years.

This situation creates the need for both additional fire protection measures and automatic on-site fire protection for building occupants since a multitude of fires may result from breakage of gas and electric lines as a result of an earthquake.

As noted by “Planning Scenario on a Major Earthquake on the NewportInglewood Fault Zone, 1988, State Department of Conservation,” page 59, “unfortunately, barely meeting the minimum earthquake standards of building codes places a building on the verge of being legally unsafe”;

2. Traffic and circulation congestion presently existing in the City of Fountain Valley

Resolution No. ____

often places fire department response time to fire occurrences at risk. This condition will be exacerbated by any major disaster, including any earthquake wherein damage to the highway system will occur. This condition makes the need for additional on-site protection for property occupants necessary.

3. Placement of multiple occupancy buildings, location of arterial roads, and fire department staffing constraints due to recent revenue-limiting state legislation have made it difficult for the fire department to locate additional fire stations and provide manpower sufficient to concentrate fire companies and personnel to control fires in high density apartment or condominium buildings. Fire Department equipment does not allow easy access to areas of buildings greater than 55 feet above the level of Fire Department vehicle access. These conditions create the need for built-in on-site fire protection systems to protect occupants and property until fire fighting apparatus and personnel arrive on the scene.

The City of Fountain Valley is located in an area subject to a climatic condition of high winds and low humidity. This combination of events creates an environment, which is conducive to rapidly spreading fires. Control of such fires requires rapid response. Obstacles generated by a strong wind, such as fallen trees, street lights, and utility poles, and the requirement to climb 75 feet vertically up flights of stairs will greatly impact the response time to reach an incident scene. Additionally, Section 6, Figure 6-2 of ASCE 7 identifies a significant increase in the amount of wind force at 60 feet above the ground.

Use of aerial type fire fighting apparatus above this height would place rescue personnel at increased risk of injury.

The City of Fountain Valley is located in the middle of the seismically active area.

The viability of the public water system would be questionable at best after a major seismic event. This would leave tall buildings vulnerable to uncontrolled fires due to a lack of available water and an inability to pump sufficient quantities of any available water to floors above the 55-foot level. A severe seismic event has the potential to negatively impact any rescue or fire suppression activities because it is likely to create obstacles similar to those indicated under the high wind section above. With the probability of strong aftershocks there exists a need to provide increased protection for anyone on upper floors.

4. Untreated wood roofs cause or contribute to serious fire hazard and to the rapid spread of fires when such fires are accompanied by high winds. Pieces of burning wooden roofs become flying brands and are carried by the wind to other locations and thereby spread fire quickly. Recent Grand Jury Report findings support this concern.

Additional amendments have been made to Codes. On the recommendation of the City of Fountain Valley Planning and Building Department, such amendments are hereby found to be either administrative or procedural in nature or concern themselves with subjects not covered in such Codes. The changes made include provisions making each of said Codes compatible with other Codes enforced by the City.

Resolution No. ____

Section 2. There modifications and amendments to the 2022 Edition of the Codes are found reasonably necessary based on the climatic and/or geologic conditions cited in Section 1 of this Resolution and are listed as follows:

Code Section Findings in Section 1
CBC 105.2, 105.8, 109.4, 109.6, 202 Administrative
CBC 903.2, Table 1505.1, 1505.1.2, 1505.5, 1505.7 A1, A2 CBC 1803.1.1.1 B1, B4
CBC 3109.3, 3109.3.1 through 3109.3.3 A3, B2
CRC R105.2, R105.10, R108.5, R108.6 Administrative
CRC Table R301.2 (1), R313.1, R313.2 A1, A2
CRC R902.1, R902.1.2, R902.2, R1001.14 A1, A2
CRC R401.4 B1, B4
CEC 310.3 (B) A1, A2, B1
The aforementioned amendments have been incorporated in detail in Ordinance No..

Section 3: The City of Fountain Valley Planning and Building Department shall file copies of Resolution No._____ and Ordinance No.____ with the California Building Standards Commission as required by Health and Safety Code Section 17958.7.

PASSED, APPROVED AND ADOPTED THIS ______ DAY OF _____________ 2022.

ATTEST:
________________________ _____________________
City Clerk Mayor

APPROVED AS TO FORM
Harper & Burns LLP
_______________________
Attorneys for the City

CITY OF FOUNTAIN VALLEY

CITY COUNCIL

COUNCIL ACTION REQUEST
To: Honorable Mayor and Agenda Date: November 15, 2022
Members of the City Council
SUBJECT: A Public Hearing to Adopt an Ordinance of the City Council of the City of Fountain Valley Repealing and Reenacting Portions of Title 18 of the Fountain Valley Municipal Code (FVMC) and Consideration of a Resolution Setting Forth findings for Required Amendments to the 2022 California Building Codes Related to Local Climatic, Topographic and Geologic Conditions
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 Health and Safety Code (Section 17958) mandates that the California Building Standards Commission adopt and publish the California Building Standards Code (Title 24 California Code of Regulations) every three (3) years. 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. Local jurisdictions wishing to include local amendments in their revised California Building Code standards ordinance must also adopt a resolution setting forth findings for required local amendments to the 2022 California Codes relative to local climatic, topographic, and geologic conditions.

Staff recommends the City Council conduct a public hearing and adopt an ordinance repealing and reenacting portions of Title 18 of FVMC and approve a resolution setting forth findings for required amendments to the 2022 California Building Codes related to local climatic, topographic and geologic conditions.

Adopt an ordinance repealing and reenacting portions of Title 18 of FVMC and approve a resolution setting forth findings for required amendments to the 2022 California Building Codes
November 15, 2022

DISCUSSION:

The Health and Safety Code (Section 17958) mandates that the California Building Standards Commission adopt and publish the California Building Standards Code (Title 24 California Code of Regulations) every three (3) years. 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.
2022 California Building Code Updates
If approved, the attached Ordinance (Attachment #1) 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 (ICC) 1 2022 California Residential Code 2021 International Residential Code (ICC) 2022 California Plumbing Code 2021 Uniform Plumbing Code (IAPMO ) 2 2022 California Mechanical Code 2021 Uniform Mechanical Code (IAPMO) 2022 California Electrical Code 2020 National Electrical Code (NFPA ) 3 2022 California Energy Code California Energy Commission 2022 California Existing Building Code 2021 International Existing Building Code (ICC)
2022 California Green Building Standards
Code
California Building Standards Commission
(CBSC)

1 ICC-International Code Council
2 IAPMO –International Association of Plumbing and Mechanical Officials 3 NFPA- National Fire Protection Association
4 CBSC- California Building Standards Commission

Adopt an ordinance repealing and reenacting portions of Title 18 of FVMC and approve a resolution setting forth findings for required amendments to the 2022 California Building Codes
November 15, 2022

2021 International Property Maintenance
Code
International Code Council (ICC)
2021 International Swimming Pool and Spa
Code
International Code Council (ICC)

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 re-organization for ease of use.

Local jurisdictions wishing to include local amendments in their revised California Building Code standards ordinance must also adopt a resolution setting forth findings for required local amendments to the 2022 California Codes relative to local climatic, topographic, and geologic conditions. Due to local conditions described in the attached resolution setting forth findings for required amendments to the 2022 California Building Codes, the Building Division has recommended certain changes and modifications to the 2022 Edition of the California Building Code, the 2022 Edition of the California Residential Code, and the 2022 Edition of the California Electrical Code. These modifications, also described in the attached Resolution (Attachment #2) are of an administrative or procedural nature and concern themselves with subjects that are not covered by the Codes or are reasonably necessary to further safeguard life and property within the City.

FISCAL REVIEW:

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

Adopt an ordinance repealing and reenacting portions of Title 18 of FVMC and approve a resolution setting forth findings for required amendments to the 2022 California Building Codes
November 15, 2022

PUBLIC NOTIFICATION:

Public notice was published in the Orange County Register a minimum of 10 days prior to the public hearing. Public 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 Attorney(s) for the City of Fountain Valley have reviewed and approved the Ordinance and Resolution as to form.

ALTERNATIVES:

Alternative No. 1:

Alternative No. 2:

Alternative No. 3:

Adopt an Ordinance of the City Council of the City of Fountain Valley repealing and reenacting portions of Title 18 of the Fountain Valley Municipal Code (FVMC) and adopt a Resolution setting forth findings for required amendments to the 2022 California Building Codes related to local climatic, topographic and geologic conditions.

Do not adopt an Ordinance of the City Council of the City of Fountain Valley repealing and reenacting portions of Title 18 of the Fountain Valley Municipal Code (FVMC) and adopt a
Resolution setting forth findings for required amendments to the 2022 California Building Codes related to local climatic, topographic and geologic conditions. This alternative would require the City to implement state building codes without any amendments.

Continue the item for further consideration.

Adopt an ordinance repealing and reenacting portions of Title 18 of FVMC and approve a resolution setting forth findings for required amendments to the 2022 California Building Codes
November 15, 2022

RECOMMENDATION:

Staff recommends that the City Council adopt an Ordinance of the City Council of the City of Fountain Valley repealing and reenacting portions of Title 18 of the Fountain Valley Municipal Code (FVMC) and adopt a Resolution setting forth findings for required amendments to the 2022 California Building Codes related to local climatic, topographic and geologic conditions.

Staff is requesting City Council approval of Alternative No. 1 to approve by Adoption of the Ordinance and the Resolution setting forth findings for required amendments to the 2022 California Building Codes.

Prepared by: Darik Doggett, Building Official
Reviewed by: Omar Dadabhoy, Community Development Director Fiscal review by: Ryan Smith, Finance Director
Approved by: Maggie Le, City Manager
Attachments:

1. Draft Ordinance repealing and reenacting portions of Title 18 of the Fountain Valley Municipal Code (FVMC)

2. Draft Resolution setting forth findings for required amendments to the 2022 California Building Codes related to local climatic, topographic and geologic conditions.

Exhibits: 1. 2022 Building Energy Efficiency Standards Summary

2. 2022 Title 24 California Code Changes

CITY OF FOUNTAIN VALLEY

CITY COUNCIL

COUNCIL ACTION REQUEST
TO: Honorable Mayor and
Members of the City Council
Agenda Date: December 6, 2022
SUBJECT: Approval of Resolution reciting the fact of the General Municipal Election held on November 8, 2022, declaring the results and such other matters as provided by law.

Three-Year Strategic Goals
☐ Enhance the culture and environment of “A Nice Place to Live” ☐ Attract and retain revenue producing businesses
☐ Achieve fiscal stability in accordance with the 20-Year Financial Plan ☐ Attract and retain quality staff
☒ Not applicable
EXECUTIVE SUMMARY:

On November 8, 2022 the General Municipal Election was held and conducted in the city as required by law, and was consolidated with the County of Orange. Voters in the city cast ballots for three (3) Council Member positions, each for a four-year term.

The Orange County Registrar of Voters has not completed the canvass of returns or certified the election as of the date of distribution of the agenda packet. At the meeting of December 6th, the final Resolution with the numbers included and the certification from the Orange County Registrar of Voters will be distributed to the City Council and the public, as a red folder item.

DISCUSSION:

As of the time of submitting this Agenda Report, the O r a n g e C o u n t y Registrar of Voters has not yet certified the election results of the November 8, 2022, election. The official canvass of the election returns will be attached hereto as Exhibit “A” via red folder. Elections Code Section 10263 states a governing body shall adopt a resolution reciting the fact of the election. Section 10264 sets for the specific information required in the statement of the result. The proposed (attached) resolution incorporates the requirements of these applicable Elections Code sections.

FINANCIAL ANALYSIS
The final cost of the election services performed by the County Registrar has not yet been determined. Early estimates indicate that sufficient funds have been approved in the FY 2022 / 23 budget to pay the cost for the consolidated election. Should additional funds be required, an amendment to the General Fund budget will be requested.

ATTORNEY REVIEW:

The Attorney for the City has reviewed this item and approved the attached resolution.

ALTERNATIVES:

Alternative No.1: Approve the attached Resolution accepting the canvass of the General Election Returns as certified by the Orange County Registrar of Voters for the November 8, 2022 General Municipal Election.

Alternative No. 2: Do not approve the Resolution.

RECOMMENDATION:

Staff recommends the City Council approve Alternative No. 1, approving the attached Resolution accepting the canvass of the General Election Returns as certified by the Orange County Registrar of Voters for the November 8, 2022 General Municipal Election.

Prepared By: Rick Miller, City Clerk Administrator
Reviewed By: Colin Burns, Attorney for the City
Approved By: Maggie Le, City Manager/Executive Director

RESOLUTION NO. ______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

FOUNTAIN VALLEY, CALIFORNIA RECITING THE FACT OF THE
GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 8, 2022,

DECLARING THE RESULT AND SUCH OTHER MATTERS AS

PROVIDED BY LAW
WHEREAS, a General Municipal Election was held and conducted in the City of Fountain Valley, California on, Tuesday, November 8, 2022, as required by law;
WHEREAS, notice of the election was given in time, form and manner as provided by law; that voting precincts were properly established; that election officers were appointed; and that in all respects the election was held and conducted and the votes were cast, received and canvassed and the returns made and declared in time, form, and manner as required by the provisions of the Elections Code of the State of California for the holding of the elections in General Law cities, and;
WHEREAS, the Orange County Registrar of Voters canvassed the returns of the election and has certified the results to this City Council, the results are received, attached, and made a part hereof as "Exhibit A."

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF

FOUNTAIN VALLEY, CALIFORNIA DOES RESOLVE, DECLARE,
DETERMINE AND ORDER AS FOLLOWS:

SECTION 1. That the whole number of ballots cast in the precincts except vote-by-mail voter ballots was ___________ that the whole number of voter-by-mail voter ballots cast in the city was ________ making ________ ballots cast in the city.

SECTION 2. That the names of the persons voted for at the election for Member of the City Council are as follows: Shaun Diamond, Nancy Dugay, Glenn Bleiweis, Cindy Cao, Kim Constantine, Jim Cunneen, Steve A. Nagel, Dwight E. Shackleford Jr., Darrel Mymon-Brown, Michael Mau, Eugene Murray, Patrick Harper, Alicia “Rudy” Huebner
SECTION 3. That the number of votes given at each p r e c i n c t and the number of votes given in the city to each of the persons above named for the respective offices for which the persons were candidates were as listed in "Exhibit A" attached.

SECTION 4. The City Council of the City of Fountain Valley does declare and determine that: Jim Cunneen was elected as Member of the City Council for the full term of four (4) years; Patrick Harper was elected as Member of the City Council for the full term of four (4) years and Kim Constantine was elected as Member of the City Council for the full term of four (4) years.

SECTION 5. The City Clerk shall enter on the records of the City Council of the City of Fountain Valley a statement of the result of the election, showing:
(1) the whole number of ballots cast in the city; (2) the names of the persons voted for; (3) for what office each person was voted for; (4) the number of votes given at each precinct to each person; and (5) the total number of votes given to each person.

SECTION 6. That the City Clerk shall immediately make and deliver to each of the persons so elected a Certificate of Election signed by the City Clerk and authenticated; that the City Clerk shall also administer to each person elected the Oath of Office prescribed in the Constitution of the State of California and shall have them subscribe to it and file it in the Office of the City Clerk. Each and all of the persons so elected shall then be inducted into their respective office to which they have been elected.

SECTION 7. That the City Clerk shall certify to the passage and adoption of this
Resolution, and enter it into the book of original Resolutions.

PASSED, APPROVED AND ADOPTED this 6th day of December, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST:

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

Colin Burns
Attorney for the City Page 73

CITY OF FOUNTAIN VALLEY

CITY COUNCIL

COUNCIL ACTION REQUEST
To: Honorable Mayor and Agenda Date: December 6, 2022
Members of the City Council
SUBJECT: Request approval to appropriate $73,000 from the State Asset Forfeiture Fund; waive bidding requirements per FVMC 2.36.070(2) and approve a contract with Premier Uniforms for police uniform equipment; issue a purchase order to V&V Manufacturing for police badges; expend a micro-purchase for uniform name plates
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:

Police Department Staff assessed current uniform standards and specifications for uniformed personnel. Staff selected a quality uniform style and identified a reputable sole source vendor to supply police uniforms and police uniform shoulder patches to the Police Department. Staff also identified a reputable vendor to manufacture and redesign the police badge. Staff requests Council approve a one-time appropriation of $73,000 from the State Asset Forfeiture Fund for a contract with Premier Uniforms to supply uniforms; approve a purchase order to V&V Manufacturing to supply police badges; and approve a micro-purchase for uniform name plates.

DISCUSSION:

The police uniform provides an important visual representation of the law enforcement professional, instantly signaling authority and official status and inspiring people to respond accordingly. The condition, quality, and use of uniforms plays a major role in the public perception of police officers and other uniformed personnel. A professional looking uniform sets an expectation for how personnel will act and what their intentions are. Wearing a uniform provides a sense of belonging and creates a feeling of equality by bringing employees together as part of one team, regardless of rank.

Procurement of Police Uniform Equipment
December 6, 2022

In 2008, Staff approved personnel the option of wearing a BDU style uniform. However, there was no direction on specific uniform dress standards. Officers purchased uniforms from manufacturers that marketed them as being more cost-effective and functional than traditional brands. Another selling point was uniforms could be cleaned at home, saving an officer the expense for dry cleaning. When the manufacturer went out of business, poor quality variations of this uniform were sold by different manufacturers. These are the uniforms worn by most of our personnel today.

Staff conducted a uniform standards assessment and identified a lack of uniformity between various employee groups. Mediocre quality has led to poor visual appeal, early degradation, and an inability to be fitted to physical measurements. The result is a less professional and disarranged appearance of uniformed personnel. Staff formed an evaluation committee to research various styles of uniforms. Committee members tested samples of Flying Cross, Lawpro, and 5.11 police uniforms. Flying Cross uniforms, manufactured under LAPD specifications, gave superior appearance and quality over the other samples. Flying Cross is one of the most respected uniform companies in the United States. They stake their reputation on product availability, quality, and strict manufacturing specifications. The committee modeled the various styles, and Staff identified that Flying Cross best fits the needs of Department standards.

Staff developed a Uniform Specifications Manual to ensure personnel conform to new Department standards. The manual contains approved uniforms for different employee groups, along with approved duty equipment (holsters, belts, boots, etc.). This assists our personnel during the purchase process and allows supervisors to maintain accountability of uniformed employees.

There have been two shoulder patch redesigns since the incorporation of the Police Department. The shape and design of our shoulder patch is outdated and inconsistent with those worn by police agencies in Orange County. Employee sentiment expressed through informal polls and meetings showed disappointment with the current shoulder patch. Staff commissioned an employee team to research and redesign the shoulder patch. The redesigned shoulder patch provides uniformity and promotes a professional image that visually represents the City and Police Department.

The proposed uniform transition supports the City’s Strategic Goal to “attract and retain quality staff.” The inclusive process allowed employees to feel valued through their contributions in the decision making process. Employee engagement and empowering employees to create a unique organizational culture is proven to “retain quality staff.” The redesign has also enhanced the esprit de corps and inspired a renewed pride in the Police Department’s image.

A better agency culture enables the City to “attract quality staff” to work in the Police Department.

In May 2022, Staff identified three local uniform vendors for the purpose of obtaining a consultant contract to provide police uniform equipment: Galls, Curtis Blue Line and Premier Uniforms. The three vendors gave demonstrations on their product, service and cost-pricing.

Procurement of Police Uniform Equipment
December 6, 2022

The evaluation showed Galls is an established uniform retailer with a store location in the City of Orange (approximately 12 miles from Fountain Valley). The vendor has a strong online presence, showed experience with projects of similar size and scope, but has limited uniform availability. The Department’s experience with Galls has shown poor customer service (long in-store wait times, inattentive employees, lost or incomplete orders), and untimely returns on tailored uniforms. Interviews with other Orange County police agencies showed the same difficulties with Galls. Galls uniform cost analysis was the most expensive.

The evaluation showed Curtis Blue Line is an established online uniform retailer with no actual store location. The vendor exhibited good customer service and sufficient inventory of uniforms. The vendor showed limited experience with projects of similar size and scope and could not offer on-site tailoring services. Curtis Blue Line’s cost analysis was the second most expensive.

The evaluation showed Premier Uniforms is an established uniform retailer with a store located just outside the City limits in Huntington Beach. Company representatives demonstrated capability in handling the Department’s bulk uniform purchase and has experience with projects of similar size and scope. Premier has sufficient on-site staff to provide the necessary customer service our personnel will need in the initial phase of getting uniformed-up.

Personnel have the ability to get alterations or tailoring done on-site, specific to their physical measurements. Premier’s service includes the ability to provide same-day pickup without alterations and a one-week return with alterations. The Department’s previous experience with uniform vendors, including Galls, is there is often a four to eight-week return time for uniform alterations. The excessive return time would delay the Department’s mission to roll out the uniform transformation efficiently. Personnel are afforded the benefit of maintaining physical measurements on file with Premier, which makes future purchases easier online without traveling to a store. The other two vendors do not offer this benefit. Department personnel that has utilized Premier describe a positive customer service experience, vast inventory of uniforms and tailoring experience, and ease of access due to the store’s close proximity to the City. Premier’s cost analysis for uniform equipment was the most cost-effective.

Lastly, Premier is the Department’s current supplier of police shoulder patches and has the ability to design, manufacture, and embroider the new shoulder patches and cloth badges.

Curtis Blue Line and Galls do not offer this customized service. The Department benefits by having a one-stop shop for uniforms.

The uniform committee determined that Galls and Curtis Blue Line were not practical options due to a lack of uniform availability, mediocre customer service and return times, no capability to provide on-site tailoring services (Curtis Blue Line), and they were the most cost-prohibitive.

Based on evaluation of the uniform vendors and factoring in the cost estimates, Staff recommends that Premier Uniforms be awarded a contract to provide police uniforms to the Police Department.

The City’s purchasing policy allows the procurement of supplies exceeding $50,000 when the commodity or service can be obtained from only one vendor. Based on the vendor evaluation, Premier Uniforms is the sole source vendor that can meet the needs of the Police Department and provide the lowest cost for uniforms. Staff requests Council waive bidding requirements

Procurement of Police Uniform Equipment
December 6, 2022

per FVMC 2.36.070(2) and award a consultant contract to Premier Uniforms in the amount of $58,000 for police uniforms and police patches.

The police badge is a source of employee pride and symbolizes authority, respect, integrity, and trust. It represents the willingness to sacrifice one’s safety to assist others. It is a symbol and a promise to uphold the best interests of the community within our position. Staff commissioned a team of Department employees to research and redesign our current badge as part of the uniform transition. The committee worked to design a badge that reflects the Department and is consistent with the shoulder patch redesign. The committee narrowed the choices down to two designs. The designs were presented to Staff and a wide-range of Department employees. Ultimately, the selected design was the most popular and best complements the new uniform.

Staff obtained sales quotes from two local badge manufacturers: V&V Manufacturing and Sun Badge. V&V Manufacturing’s offered the lowest cost- pricing to design and manufacture the redesigned badge and hat badge. The City would incur additional costs through Sun Badge to produce two samples of the badge redesign for Staff to make a selection. V&V is providing the Department with two samples at no cost. Sun Badge delivery time is 14-16 weeks, and V&V Manufacturing offers 20-30 business day delivery. Staff recommends V&V Manufacturing due to cost savings and shorter turnaround time. The City’s purchasing policy per FVMC

2.36.020(b) allows the procurement of supplies valued at more than $3,500 and less than $50,000 by obtaining informal quotations from at least two qualified vendors. Staff requests Council approve a purchase order in the amount of $12,000 to V&V Manufacturing for the procurement of police badges and hat badges.

The Police Department’s authorized uniformed staff includes 65 sworn officers, 34 non-sworn personnel (including part-time employees), 40 Retired Senior Volunteers (RSVP) and 10 Police Explorers. All officers and non-sworn uniformed personnel would receive 2 sets of uniform pants and shirt, 1 name plate, 6 shoulder patches, 2 cloth badges, and 1 police badge.

The RSVPs and Police Explorer personnel receive 1 set of uniform pant and shirt, 1 name plate, and 2 shoulder patches. The 25 hat badges will be ordered for officers attending formal events requiring a Class A uniform and hat.

The itemization of the requested equipment based on authorized staffing levels and inventory is listed below:
 (210) Uniform Shirts
 (240) Uniform Pants
 (110) Name Plates
 (1,000) Shoulder Patches
 (300) Cloth badges
 (100) Police Badges
 (25) Hat Badges

Procurement of Police Uniform Equipment
December 6, 2022

FISCAL REVIEW:

The Police Department requests an appropriation from the State Asset Forfeiture Fund of $73,000 for the procurement of uniform equipment. The State Asset Forfeiture Fund contains sufficient capital for this procurement and has a balance of $337,707. *Grand total considers applicable tax rates.

This procurement conforms with State Asset Forfeiture purchasing guidelines and is approved by the City Attorney. No General Fund monies are needed for this purchase, and this is a onetime purchase only. No future costs are anticipated due to the Police Department annually budgeting uniform equipment for new employees and replacement uniforms for those damaged in the line of duty. Personnel are required to purchase uniform shirts and pants at their own expense due to normal wear and tear. All tailoring or other personal uniform specifications are at the expense of each individual employee. The funds will not be used to purchase duty equipment, firearms or defensive weapons.

The City will save approximately $6,000 in uniform equipment costs with a contract through Premier Uniforms compared to the next lowest bid. The contract term with Premier Uniforms is six months and pricing is fixed for the duration of the contract. The cost for badges via purchase order through V&V Manufacturing are offset by reduced redesign and sample costs.

The total project expenditures required to fund the uniform equipment purchase is $73,000.

The current fiscal year 2022-23 adopted Criminal Diversion – State Asset Forfeiture Fund budget does not have funds included for the uniform equipment purchases. The Budget Amendment appropriates $73,000 in increased expenditure appropriations from the Criminal Diversion - State Asset Forfeiture reserve (270.00.00000.31201) fund balance into the Criminal Reserve, Police Non-Recurring Projects, Miscellaneous Equipment Account (270.70.97001.55505), where the purchases will be expensed.

PUBLIC NOTIFICATION:

Public notification was made through the regular agenda process.

FY 2022/23 State Asset Forfeiture Fund Balance $337,707 Uniforms (Shirts & Pants) $52,000
Badges $12,000
Shoulder Patches & Cloth Badges $6,000
Name Plates $3,000
GRAND TOTAL *$73,000

Procurement of Police Uniform Equipment
December 6, 2022

ENVIRONMENTAL IMPACT REVIEW:

Not applicable.

ATTORNEY REVIEW:

The Attorney(s) for the City approve this procurement utilizing State Asset Forfeiture funds.

The Attorney for the City has reviewed and concurs with the recommended action.

ALTERNATIVES:

Alternative No. 1: Approve the procurement of police uniform equipment using State Asset Forfeiture funds; waive bidding requirements per FVMC 2.36.070(2) and award a consultant contract to Premier Uniforms in the amount of $58,000; award a purchase order in the amount of $12,000 to V&V Manufacturing for badges; expend a micro-purchase of $3,000 for uniform name plates, and approve a budget amendment of $73,000.

Alternative No. 2: Do not approve the procurement of police uniform equipment using State Asset Forfeiture funds; do not waive bidding requirements per FVMC 2.36.070(2) and award a consultant contract to Premier Uniforms in the amount of $58,000; do not award a purchase order in the amount of $12,000 to V&V Manufacturing for badges; do not expend a micropurchase of $3,000 for uniform name plates, and do not approve a budget amendment of $73,000.

RECOMMENDATION:

Staff recommends City Council approve Alternative No. 1: Approve the procurement of police uniform equipment using State Asset Forfeiture funds; waive bidding requirements per FVMC

2.36.070(2) and award a consultant contract to Premier Uniforms in the amount of $58,000; award a purchase order in the amount of $12,000 to V&V Manufacturing for badges; expend a micro-purchase of $3,000 for uniform name plates, and approve a budget amendment of $73,000.

Prepared by: Steve DeSantis, Police Captain
Reviewed by: Matthew Sheppard, Chief of Police
Attorney Review by: Colin Burns, Attorney for the City
Fiscal review by: Ryan Smith, Finance Director
Approved by: Maggie Le, City Manager

Procurement of Police Uniform Equipment
December 6, 2022

Attachments:

1. Uniform Specifications Manual

2. Uniform Equipment cost pricing from three vendors

3. V&V Manufacturing and Sun Badge quotes for police badges

4. Name plate cost pricing

5. Contract – Police Uniform Equipment - Premier Uniforms Exhibits: 1. Picture of Shoulder Patch

Uniform
Specifications
Manual

• Police Officers - pages 3- 12
• K9 Officers - pages 13-15
• Homeless Liaison Officers - pages 16-18
• Detectives pages 16-18
• School Resource Officer pages 16-17
• Traffic Officers pages 19-22
• West County SWAT Operators N/A
• West County SWAT CNT Negotiators N/A
• West County SWAT Tactical Dispatchers N/A
• Duty Gear – pages 23-27
• External Carrier for Body Armor page 28
Sworn Specialty Assignments

Full Size Fountain Valley PD Patch to be
sew on both sleeves of all uniform shirts
and jackets. ¾” down from shoulder
seam
Emblem and Hashmarks

Chevrons
sewn ¼” below shoulder emblem
5054 5052

Police Officer Standard Issue Class A L/S Shirt
Flying Cross 100% wool
20W9586 Men’s Class A L/S Shirt
Color: LAPD Navy
Sizes: Neck- 14-22
Sleeve: 32-38
120W9586 Women’s Class A L/S Shirt
Color: LAPD Navy
Sizes: 30-52 reg & long

Police Officer Standard Issue Class A Pant
Flying Cross 100% wool
32289- 86 Men’s Class A Pant
Color: LAPD Navy
Sizes: 28 -54
32289W-86 Women’s Class A Pant
Color: LAPD Navy
Sizes: 2-22

Police Officer Alternative Standard Issue Class A
L/S Shirt Flying Cross Deluxe Tactical
48W3986 Men’s Deluxe Tactical Poly/Rayon
Lycra L/S Shirt
Color: LAPD NAVY
Sizes:

Neck:14.5-20.5
Sleeve: 32-39
204W3986 Women’s Deluxe Tactical Poly/Rayon
Lycra L/S Shirt
Color: LAPD Navy
Sizes:30 -50

Police Officer Alternative Standard Issue Class A PantFlying Cross Deluxe Tactical 39489- 86 Men’s Class A Pant
Color: LAPD Navy
Sizes: 28 -54
39489W-86 Women’s Class A Pant
Color: LAPD Navy
Sizes: 2-22

Class A Accessories
Clip-on Tie Tie Bar 4009N
Tie should be appropriate length so it does not hang over belt when standing and is not more than 2” above belt. Tie Bar should be horizontal and align with bottom of shirt pocket.

Police Officer Standard Issue Class B S/S Shirt
Flying Cross 100 % Wool
70R9586 Men’s 100% Wool S/S Shirt
Color: LAPD Navy
Size: Small – 7XL
170R9586 Women’s 100% Wool S/S Shirt
Color: LAPD Navy
Size: 30-50

Police Officer Alternative Standard Issue Class B
S/S Shirt Flying Cross Deluxe Tactical
98R3986 Men’s Deluxe Tactical S/S Shirt
Color: LAPD Navy
Size: Small – 7XL
254R39 86 Women’s Deluxe Tactical S/S Shirt
Color: LAPD Navy
Size: 30-50

Police Officer Softshell Jacket Flying Cross Layertech
54100A Layertech Softshell Jacket
Color: Black
SizesXS-6XL Reg
M-6XL Long
•

Specialty Assignment L/S Shirt
FX7120-10 Men’s L/S FX STAT
Color: Black
Sizes: XS-6XL
Length: 30,32,34,36,38
FX7120W-10 Women’s L/S FX STAT
Color: Black
Size: 30 -52 Reg & Long
K-9 Officer – Homeless Liaison Officer

Specialty Assignment S/S Shirt
FX7100-10 Men’s S/S FX STAT
Color: Black
Sizes: XS-6XL
FX7100W-10 Women’s S/S FX STAT
Color: Black
Size: 30 -52
K-9 Officer – Homeless Liaison Officer

Specialty Assignment Pants
FX77300-10 Men’s FX STAT
Color: Black
Waist Size 28-60
FX77300W-10 Women’s FX STAT
Color: Black
Size: 2-28
K-9 Officer

Specialty Assignment Alternative
Tactical Pant
74369-019 Men’s 5.11 Tactical Stryke Pant
Color: Black
Sizes: Waist 28-54
Inseam 30-36
64386-019 Women’s 5.11 Tactical Stryke
Pant
Color: Black
Sizes: 0-22 Reg
2-22 Tall
Detectives

Specialty Assignment Alternative
Tactical Polo Shirt
71049-019 5.11 Men’s S/S Polo
Color: Black
Sizes: S-3XL Reg
L-5XL Tall
61165-019 5.11 Women’s S/S Polo
Color: Black
Sizes: S-XL
Detectives

Detective Alternative Professional
Business Attire

Duty Gear
7360-4502-481 RH
7360-4502-482 LH
7960 Basketweave Duty Belt Metal Buckle
7950 Basketweave Duty Belt Plastic Buckle
(Alternative when wearing LBV External Carrier)
7906 4 pack of Belt Keepers (Hidden Snap)

Cuff Cases
7934 Open top Cuff Case
7900- Single Close Top Cuff Case
7917- Double Close Top Cuff Case

Duty Gear
7923 Radio Holder 7916 Silent Key Holder

OC Holders
7907-22103 for MK3 7907-22099 for MK4

Magazine Pouches
7922- Open Top Double Mag
Pouch
7902 Closed Top Double Mag
Pouch

Safariland Oregon City External Carrier
DN6566 color: Black
1” x 5” Velcro Panel with Embroidered Name in white on right chest 1” x 5” Velcro Panel with Embroidered Police in white on left chest 4” x 8” Velcro Panel with Embroidered Police in white on back

Traffic Officer’s Shirts
FX7000VS – Flying Cross FX STAT
S/S Hybrid Shirt
FX7020VS – Flying Cross FX STAT
L/S Hybrid Shirt

Traffic Officer’s Trousers
102507 Stretch Motor Pants 102508 Air Mesh Trousers

Traffic Officers
102365 Stretch Jacket
#53 Wheel with arrow
Emblem. 2 ¼” x 1”
Traffic Officer’s Jacket

Traffic Officer Helmet & Boots
Modular Helmet LS2 Valiant Sidi Canyon Gore-Tex 2 Boots

Non-Sworn Specialty Assignments
• Dispatchers – pages 34-38
• Cadets – pages 34-38
• Police Services Officers - pages 34-36
• Community Services Officers - pages 34-36
• Records Clerks - pages 34-38
• Crime Scene Investigation (CSI) Technician - pages 34- 38 • Crime Analyst - pages 34-38
• Support Services Supervisor - pages 34-38
• Support Services Manager - pages 34-38

Class A & B Pant- Flying Cross Deluxe Tactical
39489- 86 Men’s Class A Pant
Color: LAPD Navy
Sizes: 28 -54
39489W-86 Women’s Class A Pant
Color: LAPD Navy
Sizes: 2-22
Police Officers - Dispatchers – Cadets - PSO’s – CSO’s – Records Clerks – CSI Technician – Crime Analyst – Support Services Supervisor – Support Services Manager

Flying Cross Class A L/S Shirt
33W78Z01 Men’s Command 100% Poly L/S
Shirt
Color: Grey
Sizes:

Neck: 14-20.5
Sleeve: 32-39
126R7810 Women’s Command 100% Poly L/S
Shirt
Color: Grey
Sizes: 30-64 Reg
30-64 Long
RSVP’s - Dispatchers – Cadets - PSO’s – CSO’s – Records Clerk – CSI Technician – Crime Analyst – Support Services Supervisor – Support Services Manager

Class B Flying Cross S/S Shirt
85R78Z01 Men’s Command 100% Poly S/S Shirt
Color: Grey
Neck Size: 14-20.5
176R7801 Wmn’s Command 100 % S/S Shirt
Color: Grey
Size: 30-50
RSVP’s - Dispatchers – Cadets - PSO’s – CSO’s – Records Clerk – CSI Technician – Crime Analyst – Support Services Supervisor – Support Services Manager

Alternative Shirt
71049-019 5.11 Men’s S/S Polo
Color: Depending on assignment
Sizes: S-3XL Reg
L-5XL Tall
61165-019 5.11 Women’s S/S Polo
Color: Depending on Assignment
Sizes: S-XL
Dispatchers – Cadets – Records Clerk – CSI Technician – Crime Analyst – Support Services Supervisor – Support Services Manager
61165-019 Cornerstone Women’s
S/S Polo
Color: Depending on Assignment
Sizes: XXL-XXXXL

Alternative Pants
74369

5.11 Tactical Men’s Stryke Pant
Color: Depending on Assignment
64386

5.11 Tactical Women’s Stryke Pant
Color: Depending on Assignment
Dispatchers – Cadets – Records Clerk – CSI Technician – Crime Analyst – Support Services Supervisor – Support Services Manager

Nameplates & Rank Insignias
A2388
Blackinton Nickel Finish, Black Font
2 nail w/ clutch backing
All Caps, First Initial, ., Last Name
(See Below)
Same Nameplate for all uniformed personnel
A1141
Blackinton Nickel Finish,
Lieutenant Bar
2 nail w/ clutch backing
A1140
Blackinton Nickel Finish,
Captain Bars
2 nail w/ clutch backing
A3731-4
Blackinton Nickel Finish,
Chief stars
2 nail w/ clutch backing

Ribbons
Medal of Valor with “V”
Medal of Courage with “C”
Medal of Merit with “M”
Lifesaving Award with Star that represents
more than one award earned.

Purple Heart

QUOTATION
Quantity Item Description Unit Price Amount
The 7.75% tax rate is based on the current
rate in the city of Huntington Beach.
130.00 32289-86 LA SELECT 100% WOOL MENS 120.00 15,600.00

PANTS-LAPD NAVY
130.00 20W95-86 LA SELECT 100% WOOL MEN'S LONG 118.00 15,340.00

SLEEVE SHIRT LAPD NAVY
110.00 39489-86 DELUXE TACTICAL 68% 100.00 11,000.00
POLY/30%RAY/2%LYCRA® MEN'S

PANTS W/CLUB

80.00 33W78Z-01 COMMAND 100% POLYESTER MEN'S 70.00 5,600.00

LONG SLEEVE SHIRT W/ZIPPER
1,000.00 CS-PATCH New FVPD shoulder patch. 4" x 5" 4.00 4,000.00 300.00 CS-PATCH FVPD sworn badge patch 3.95 1,185.00
Quote Number: Class A/B sworn/non
Quote Date: Oct 27, 2022
Sales Rep
Quoted To:

Fountain Valley PD
10200 Slater Ave
Fountain Valley, ca 92708
Good Thru
11/26/22
Customer ID Payment Terms
Page:

FVPD01 Net 30 Days Neal
1 TOTAL 56,811.19
Sales Tax 4,086.19
Subtotal 52,725.00
Premier Uniforms, LLC
7275 Murdy Circle
Huntington Beach, CA 92647
USA
Voice:

Fax:
714 842 1200
714 375 4743

November 2, 2022
Sergeant Brian Mosher
Fountain Valley Police
10200 Slater Ave.

Fountain Valley, CA 92708
Email: [email protected]
Dear Sgt. Mosher:

We are pleased to provide you with the specifications and pricing information you recently requested and they are as follows:

ITEM QUANTITY PRICE EXTENDED
Badges - Silver 100 $95.00* Ea. $9,5000.00
* Note List Price is $118.75 Ea.

Hat Badges - Silver 25 $66.20* Ea. $1,655.00
* Note List Price is $82.75 Ea.

SUBTOTAL: $11,155.00

TAX @ 8.75%: $976.06
SHIPPING: $95.00
Total Amount of Your Order: $12,226.06

TERMS AND CONDITIONS OF SALE:
* PAYMENT –Net (30) Thirty Days
* Delivery Fourteen to Sixteen Weeks.
* Pricing - Pricing firm for Thirty (30) days
* Plus Shipping and Handling.
* Dies – Nontransferable ownership rights.
* All Badges Are Manufactured in the USA
Sgt. Mosher, on behalf of the entire Sun Badge Company team we look forward to the opportunity to produce your custom badges. Should you have any further questions or concerns please feel free to call on me. You can reach me at (909) 930-1444.

Sincerely,
Ben Dawson
Vice President

CITY OF FOUNTAIN VALLEY

CITY COUNCIL

COUNCIL ACTION REQUEST
To: Honorable Mayor and Agenda Date: December 6, 2022
Members of the City Council
SUBJECT: Second Reading and Adoption of an Ordinance Adopting Code Amendment No. 19-06 – an Amendment to Section 2.9 of the Fountain Valley Crossings Specific Plan and Second Reading and Adoption of an Ordinance Approving a Development Agreement to allow for the construction of a new 73 foot-tall Electronic Message Center sign with two displays on private property located at 18375 Euclid Street
Three-Year Strategic Goals
☐ Enhance the culture and environment of “A Nice Place to Live” ☐ Attract and retain revenue-producing businesses
☒ Achieve fiscal stability in accordance with the 20-Year Financial Plan ☐ Attract and retain quality staff
☐ Not applicable
EXECUTIVE SUMMARY:

At its meeting on November 15, 2022 (Attachment #1), the City Council introduced for first reading an Ordinance adopting a Code Amendment (CA) to Section 2.9 of the Fountain Valley Crossings Specific Plan (FVCSP) and an Ordinance approving a Development Agreement (DA) to allow for the construction of a new 73 foot-tall Electronic Message Center (EMC) sign with two displays on private property located at 18375 Euclid Street. The proposal includes the demolition of an existing 59 foot-tall pole mounted sign and construction of a new pole sign structure in its place with an EMC located at the top of the structure.

As detailed in the attached Staff Report, the Ordinance approving the CA (Attachment #2) and the Ordinance approving the DA (Attachment #3) would to allow for one (1) EMC sign in the specific plan area. In addition to the CA and DA, the City Council approved, by resolution, a Mitigated Negative Declaration (MND) and Mitigation Monitoring and Reporting Program (MMRP) in accordance with the California Environmental Quality Act (CEQA) for the project at the meeting on November 15, 2022.

The Ordinances are now presented to the City Council for second reading and adoption.

Code Amendment No. 19-06
December 6, 2022

FISCAL REVIEW:

The proposed DA is for an initial 15–year term, after the end of the Initial Term, the Agreement shall automatically continue in full force and effect on the same terms and conditions for a second fifteen (15) year term and, at the expiration of said second fifteen (15) year term, a ten (10) year term, and, at the expiration of said ten (10) year term, successive one year terms Becker will pay the City an annual fee of $550,000 for the license rights. Commencing on the first day of the sixth (6th) year of the Initial Term, and every five (5) years thereafter (including any extensions of the Initial Term), the Fixed Fee shall be increased by 10% of the immediately preceding Annual Fee. Becker shall pay a one-time fee of $60,000 for consideration for entering into the DA.

PUBLIC NOTIFICATION:

This item was published in the Fountain Valley View and public notices were posted at City Hall, Recreation Center, and Fountain Valley Library.

ENVIRONMENTAL IMPACT REVIEW:

The CEQA Guidelines require analysis of agency approvals of discretionary “projects”. A “project,” under CEQA, is defined as “the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.” The proposed project is considered a project under CEQA.

The applicant consulted with Wood Environmental & Infrastructure Solutions, Inc. to prepare a Mitigated Negative Declaration (MND)(SCH No. 20220030478). The City consulted with GPA Consulting to peer review the MND and provide response to comments.

The MND was published for the required 30-day comment period beginning on March 17, 2022, to April 16, 2019. The City received two (2) comment letters from the City of Costa Mesa and The California Department of Transportation (Caltrans). The MND/MMRP was approved by resolution of the City Council at their meeting on November 15, 2022.

ATTORNEY REVIEW:

The Attorney for the City has reviewed the attached Ordinances.

ALTERNATIVES:

Alternative No. 1: a) Approve the second read and adoption of an Ordinance approving CA 19-06; and
b) Approve the second read and adoption of an Ordinance approving Development Agreement with the City of Fountain Valley

Code Amendment No. 19-06
December 6, 2022

Alternative No. 2:

RECOMMENDATION:
and Becker Boards, Small LLC., for the construction of a new 73 foot-tall EMC with two displays.

Do not select Alternative No. 1 and direct staff to prepare a resolution for denial
Staff is requesting City Council approval of Alternative No. 1 to approve the second read and adoption of the attached Ordinance approving CA 19-06 and approve the second read and adoption of the attached Ordinance approving a DA with the City of Fountain Valley and Becker Boards, Small LLC., for the construction of a new 73 foot-tall EMC with two displays on private property located at 18375 Euclid Street.

Prepared by: Matt Jenkins, Senior Planner
Reviewed by: Omar Dadabhoy, Community Development Director Fiscal review by: Ryan Smith, Finance Director
Approved by: Maggie Le, City Manager
Attachments: 1. City Council Staff Report dated November 15, 2022

2. An Ordinance of the City Council of the City of Fountain Valley approving Code Amendment No. 19-06

3. An Ordinance of the City Council of the City of Fountain Valley approving a Development Agreement with the City of Fountain Valley and Becker Boards, Small LLC.

3.1 Development Agreement

CITY OF FOUNTAIN VALLEY

CITY COUNCIL

COUNCIL ACTION REQUEST
TO: Honorable Mayor and Agenda Date: November 15, 2022
Members of the City Council
SUBJECT: Public Hearing: (1) Adopt a Resolution approving an MND/MMRP in accordance with CEQA, (2) First Read-Introduction of an Ordinance approving CA 19-06; and (3) First Read-Introduction of an Ordinance approving a Development Agreement for the construction of a 73-foottall EMC with two displays.

EXECUTIVE SUMMARY:

The City of Fountain Valley Planning Department received an application for a Code Amendment (CA) to the Fountain Valley Crossings Specific Plan (FVCSP) on March 27, 2019 to allow for one (1) Electronic Message Center (EMC) sign in the specific plan area.

At the Planning Commission meeting of October 26, 2022, the Planning Commission voted 4-1 recommending the City Council approve Code Amendment No. 19-06.

As detailed in this report, the ordinance will allow for one (1) EMC sign to be located on private property in the FVCSP (Attachment #1).

Staff recommends the City Council conduct a public hearing and:
 Approve the attached Resolution (Attachment #2) approving the Mitigated Negative Declaration (MND) and Mitigation Monitoring and Reporting Program (MMRP) in accordance with the California Environmental Quality Act (CEQA) Guidelines (Attachment #3);
 Introduce the attached Ordinance approving CA 19-06 (Attachment #4); and  Introduce the attached Ordinance (Attachment #5) approving Development Agreement (Attachment #6) with the City of Fountain Valley and Becker Boards, Small LLC., for the construction of a new 73 foot-tall EMC with two displays Proposal:

Request submitted by Becker Boards Small, LLC for a Code Amendment to Section 2.9 of the Fountain Valley Crossings Specific Plan to allow for the construction of a new 73 foot-tall EMC sign with two displays on private property located at 18375 Euclid Street (Attachment #1).

City Council Action - Code Amendment No. 19-06
November 15, 2022

The proposal includes the demolition of an existing 59 foot-tall pole mounted sign and construction of a new pole sign structure in its place with an EMC located at the top of the structure.

Code Requirement:

The subject property is located in the Workplace Neighborhood segment of the FVCSP.

Currently, EMC’s are not permitted in the FVCSP. As such, to accommodate the applicant’s request, Section 2.9 of the FVCSP must be amended to allow for an EMC in the specific plan area. The draft CA proposes to allow for one (1) EMC in the specific plan area subject to a Development Agreement (DA).

Background:

The existing sign is defined as a freeway monument sign and was approved by the Planning Commission in 2011 under Variance No. 289. The variance for the height of the sign was requested due to the difference in elevation from the top of the freeway to the base where the sign was to be erected. The FVCSP had not been adopted at that time so the property was subject to the City’s Sign Code where the maximum height for a freeway monument sign is 20 ft. tall.

Project Setting:

The project site is located at the southern portion of the property located at 18375 Euclid Street, adjacent to the I-405 Freeway and Euclid Street. Large-scale commercial retail business occupy the buildings to the north adjacent to other industrial properties.

Industrial uses are located to the south across the I-405 freeway. The Santa Ana River is located to the east and represents the City Limits. Single-family residential uses are located more than 900 feet away to the northwest.

Discussion:

The proposal is to demolish the existing 59 foot-tall pole sign structure and construct a new pole-mounted sign in its place with the addition of an EMC on the top. The proposed pole-mounted digital sign will be 73 feet tall with two digital display panels coming together at one end to form a “V” shape, allowing the commercial advertisements to be visible to vehicles traveling in both northbound and southbound directions on I-405 Freeway. A blank panel at the opening of the V-design will ensure that the components of the electronic boards are not visible from the opening on the north side. Each of the digital display panels will have dimensions of 14 feet high and 48 feet wide for a total display area of 672 square feet per panel. The proposed EMC will incorporate Louver Technology that will block light spillage from the sign. The mechanical louvers that are made of mattefinished black polymer will absorb the light from the LED and prevent passage in the protected direction (see Appendix C in Attachment #3). Additionally, four static illuminated signs will be attached to the pole structure, beneath the digital display panels of the EMC.

The proposed Project will involve the installation of a new pole structure, designed by a structural engineer, to ensure adequate support of the proposed EMC.

City Council Action - Code Amendment No. 19-06
November 15, 2022

Section 2.9 of the FVCSP is proposed to be amended by the City to allow for the display of off-site advertising within a limited area between I-405 mile marker 12.41 and 12.50.

Pursuant to the Federal Highway Beautification Act (1965) and State Outdoor Advertising Act (2014), Caltrans is responsible for regulating the placement of outdoor advertising displays visible from California Highways and performing regular reviews of outdoor advertising displays located adjacent to freeways and highways identified on the National Highway System. According to California Business and Professions Code Section 5216, development of outdoor advertising displays is prohibited in areas designated as “landscaped freeway”. The Project site, between I-405 mile marker 12.41 to 12.50, is the only area in the City of Fountain Valley along I-405 that is not designated as a “landscaped freeway” by Caltrans.

Discussion – Visibility:

The proposed EMC is located in a commercial area, adjacent to I-405, where the main purpose of the sign is to be visible to traffic on the freeway. As detailed in the MND, the proposed project would have an effect on long-term views of the surrounding area. Three (3) photo simulations were prepared for selected Key Viewing Locations (KVLs) as shown on Figure 4 of the MND (Attachment #3). KVL 2 & 3 are located in locations surrounded by non-residential uses that are dominated by pavement, buildings, the concrete Santa Ana River, power lines, utility poles, etc.

Costa Mesa Residential Area
KVL 1 is located approximately 900 feet to the southeast of the Project site at Moon Park along Nevada Avenue in the northwestern portion of the City of Costa Mesa. This KVL was selected because it is representative of the views provided within this residential area to the south of I-405. Moon Park is located immediately adjacent to the south side of the I-405 freeway and east of the Santa Ana River. This neighborhood park includes two children’s play structures, picnic tables, small grassy hills and shade trees.

As shown in Figure 5 of the Attached MND, existing foreground views from this KVL include the asphalt parking lot, sidewalk, park fencing, and grass lawn. Fire hydrants, street signs, and lampposts, which provide vertical elements to the view from the KVL.

Mid-ground views include existing mature trees, including one large tree growing in the center of Moon Park, as well as the children’s play structures.

Distant views include the 10-foot-tall levee forming the eastern bank of the Santa Ana River as well as I-405. The four utility poles provide additional vertical elements to the view from this KVL. The existing pole sign structure is partially visible in the background, where I-405 meets the skyline. The pole sign structure is visible between the large mature tree and the utility pole from this KVL; however, depending on where the viewer stands along Nevada Street this sign may be obscured by these mid-ground features.

City Council Action - Code Amendment No. 19-06
November 15, 2022

The proposed EMC sign will be consistent with the existing industrial features, including the utility poles and I-405. Additionally, the proposed pole-mounted digital sign will be partially obscured by the existing large mature tree within the center of the park. As such, the proposed EMC will not substantially alter the visual character of this KVL.

Lighting:

Lighting associated with the proposed EMC would be visible to the surrounding land uses, including the commercial retail businesses to the north and west, Euclid Street to the east and northeast, the Santa Ana River Trail to the east, and I-405 to the south of the Project site. The residential areas to southeast of the Project site within the City of Costa Mesa would be shielded and buffered from the light and glare by I-405 overpass and by existing trees and landscaping within Moon Park.

Additionally, the louvered technology incorporated into the design of the EMC will block light spillage from the sign. The mechanical louvers are made of matte-finished black polymer and will absorb the light from the light-emitting diode (LED) and prevent passage in the protected direction.

To evaluate the potential impacts of the proposed EMC sign on nighttime views, Watchfire Signs prepared a photometric study (Appendix A of the MND) based on lab measurements made on the display panels using an illuminance meter. Light measurements are generally discussed using the foot-candle metric, which is defined as the amount of light produced by a single candle when measured from 1 foot away. For reference, a 100-watt light bulb produces 137 foot-candles at 1 foot away, 0.0548 footcandles at 50 feet and 0.0137 foot-candles at 100 feet. Based on the Illuminating Engineering Society of North America’s (IESNA’s) standards pertaining to light trespass, impacts would be considered potentially significant if illuminance produced by a digital sign exceeds 0.3 foot-candles over ambient lighting conditions at a distance of 250 feet from the lighting source. Based on the photometric study prepared by Watchfire Signs, the LED displays associated with the proposed EMC will not exceed 0.3-foot candles over ambient levels at 250 feet from the lighting source. Further, it should be noted that with the exception of adjacent commercial retail buildings and the City’s water tower, no other buildings are located within 500 feet of the proposed pole-mounted digital sign. Therefore, residential areas approximately 900 feet to the southeast within the City of Costa Mesa will experience less than 0.0152 foot-candles (i.e., similar to the light from a single 100- watt light bulb viewed from 100 feet away). Therefore, the area will experience a nearly undetectable difference in ambient light with the installation of the proposed EMC.

Code Amendment:

Currently, EMC’s are not permitted in the FVCSP. The project requires a code amendment to Section 2.9 of the FVCSP in order to facilitate construction (Attachment #4). As described earlier, Section 2.9 will be amended by the City to allow for the display of one (1) off-site advertising display within a limited area between I-405 mile marker

12.41 and 12.50. Development standards have been drafted in and will limit the height of the sign to 73 ft.

City Council Action - Code Amendment No. 19-06
November 15, 2022

The CA will also include standards as adopted by the Caltrans Outdoor Advertising Division including but not limited to: the 0.3 foot-candle limitation over ambient light levels at 250 feet, automatic dimming capabilities and a contact person to respond to any reasonable complaints from the City.

Development Agreement:

Under State Law, cities have a right to enter into agreements with private parties to strengthen the public planning process, encourage private participation in comprehensive planning and reduce the economic risk of development. Development Agreements (DA) are often used in large, complex projects and in projects that have a long lead time, multiple phases, or a long development period, in order to give the developer certainty in regards to the entitlements and other governmental actions.

The DA is a legal, binding contract between a city and any person or entity having a legal or equitable interest in a property. Once a DA is approved by the City Council, the rules of development for that property cannot change even if the zoning code or other development codes are changed.

The Initial Term of the DA is forty (40) years after the commencement date. After the end of the Initial Term, the DA shall automatically continue in full force for successive oneyear terms. Becker Billboards, will pay the City an initial payment of $60,000 as consideration for entering into the DA.

After the completion of construction of the EMC and final approval from the City, Becker will pay the City an annual fee of $550,000 under the DA. Commencing on the first day of the sixth (6th) year of the Initial Term, and every five (5) years thereafter (including any extensions of the Initial Term), the Fixed Fee shall be increased by 10% of the immediately preceding Annual Fee. By way of example and not limitation, the Fixed Fee for the first five years shall be $550,000, which shall be increased by 10% on the first day of the 6th year to $605,000, which Fixed Fee shall again be increased by 10% on the first day of the 11th year to $665,500, and so on (Attachment #6).

There are three (3) required findings to be made for a DA per FVMC 21.38. These findings can be made as follows:

1. The development agreement would be in the best interests of the city.

The DA is the best available tool to control the content displayed on the billboard erected. Unlike other signs on private property where the permitted signage has First-Amendment protections, the DA for a sign on private property allows for City control of certain messages. The DA will also provide for community and public service announcements to be displayed on behalf of the City.

City Council Action - Code Amendment No. 19-06
November 15, 2022

2. The development agreement is consistent with the actions, goals, objectives and policies of the general plan, any applicable specific plan and this title.

A code amendment (CA) has been proposed in conjunction with the DA to allow for an EMC in the FVCSP. The proposed CA shall be reviewed and approved by the City Council in compliance with FVMC 21.34 – Amendments.

3. The development agreement would promote the public convenience, health, interest, safety or welfare of the city.

The terms of the DA prohibit the display of any advertisement that promotes or relates to smoking tobacco/marijuana products, sexually oriented businesses, sexually oriented or themed products/services, and, or political speech, including, but not limited to, any political advertisement relating to the City or a City election.

Development Agreements require an ordinance by the City Council for adoption. As such, staff has prepared a draft Ordinance that is included as Attachment #5 for reference.

ENVIRONMENTAL REVIEW:

The California Environmental Quality Act (CEQA) requires analysis of agency approvals of discretionary “projects”. A “project,” under CEQA, is defined as “the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.” The proposed project is considered a project under CEQA.

The applicant consulted with Wood Environmental & Infrastructure Solutions, Inc. to prepare an MND)(SCH No. 20220030478). The City consulted with GPA Consulting to peer review the MND and provide response to comments.

The MND was published for the required 30-day comment period beginning on March 17, 2022, to April 16, 2019. The City received two (2) comment letters from the City of Costa Mesa and The California Department of Transportation (Caltrans). Responses to those comments are provided in Appendix D on the MND.

FINANCIAL ANALYSIS:

The proposed Lease Agreement is for an initial 40 –year term with successive one-year terms. Becker will pay the City an annual fee of $550,000 under the DA. Commencing on the first day of the sixth (6th) year of the Initial Term, and every five (5) years thereafter (including any extensions of the Initial Term), the Fixed Fee shall be increased by 10% of the immediately preceding Annual Fee. Becker shall pay a one-time fee of $60,000 for consideration for entering into the DA.

City Council Action - Code Amendment No. 19-06
November 15, 2022

ATTORNEY REVIEW:

The Attorney for the City has reviewed the attached Resolution, Development Agreement, and Ordinances.

PUBLIC NOTICE:

This item was published in the Fountain Valley View and public notices were posted at City Hall, Recreation Center, and Fountain Valley Library.

ALTERNATIVES:

1. Approve and adopt the following:
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.

2. Do not select Alternative No. 1 and direct staff to prepare a resolution for denial.

3. Continue the request for additional information.

RECOMMENDED ACTION:

Staff recommends that the City Council select Alternative Number 1:
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.

City Council Action - Code Amendment No. 19-06
November 15, 2022

Prepared by: Matt Jenkins, Senior Planner

Reviewed by: Omar Dadabhoy, Community Development Director

Fiscal Review by: Ryan Smith, Finance Director
Approved by: Maggie Le, City Manager
Attachments: 1. Project Plans

2. Resolution approving MND / MMRP

3. Mitigated Negative Declaration / Mitigation Monitoring and Reporting Program

4. City Council Ordinance – Code Amendment

5. City Council Ordinance – Development Agreement

6. Development Agreement

ORDINANCE NO._________

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FOUNTAIN VALLEY APPROVING CODE AMENDMENT (CA) NO. 19-06 TO AMEND THE FOUNTAIN VALLEY SPECIFIC PLAN (FVCSP) SECTION 2.9.1.B.2 – SPECIAL SIGNS AND ADDING FVCSP 2.9.5.V. ELECTRONIC

MESSAGE CENTER SIGN (EMC)
WHEREAS, the Fountain Valley City Council adopted the Fountain Valley Crossing Specific Plan (FVCSP) on January 23, 2018; and WHEREAS, Section 2.1 of the FVCSP contains development standards for the four (4) established Districts; and
WHEREAS, Section 2.9.1 contains the provisions for signage in the FVCSP; and WHEREAS, an application was submitted by Becker Billboards, Small, LLC (Becker). for a CA to allow for an Electronic Message Center (EMC) sign in the FVCSP; and
WHEREAS, Becker is desirous of entering into a proposed Development Agreement (DA) with the City of Fountain Valley; and
WHEREAS, the City of Fountain Valley Planning Commission considered the proposed CA at a public hearing on October 26, 2022 and recommended the City Council approve CA No. 19-06, DA, and a Mitigated Negative Declaration (MND) and Mitigation Monitoring and Reporting Program (MMRP); and
WHEREAS, on November 15, 2022, the City Council considered CA No. 19-06, an amendment that would change the FVCSP; and
WHEREAS, after receiving public comments, the City Council voted 4 to 1, approving the CA, DA, and MND/MMRP; and
WHEREAS, the proposed CA No. 19-06 has been publicly noticed in accordance with State Law and the Fountain Valley Municipal Code; and

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

SECTION 1:

The City Council finds that due notice of the public hearing on November 15, 2022, conducted in the Council Chambers, City Hall, 10200 Slater Avenue, was given as required by the FVMC, Title 21, and the Statutes of the State of California.

SECTION 2:

A MND has been prepared consisting of the Initial Study, all comments and recommendations received during the public review period, and an MMRP. The MND was circulated for public review from March 17, 2022 to April 16, 2022, and made available to the public and the City Council for review and consideration. The City Council has reviewed the MND, together will all comments and responses to those comments, and MMRP, and has found that the environmental document considers all environmental effects of the proposed Project, is complete and adequate, and fully complies with all requirements of CEQA and the CEQA Guidelines.

The City Council, as the Lead Agency, arrived at its independent judgement and found that on the basis of the MND and any comments received that there is no substantial evidence that the Project will have a significant adverse impact on the environment provided that the mitigation measures identified in the environmental document are incorporated into the Project.

SECTION 3:

Pursuant to Fountain Valley Municipal Code section 21.34.050 the City Council does hereby find as follows:

1. The proposed amendments ensure and maintain internal consistency with the actions, goals, objectives and policies of the general plan, and would not create any inconsistencies with this title, in the case of a title amendment.

The proposed changes to the FVCSP are consistent with the actions, goals objectives and policies of the general plan. This amendment will facilitate the construction of a digital billboard that is a compliant with the proposed amendments.

2. The proposed amendments would not be detrimental to the public convenience, health, interest, safety or welfare of the city.

The proposed amendment will allow for one (1) billboard in the FVCSP subject to a Development Agreement (DA). Through the DA, the City has the ability to limit the content of the advertisements on the sign therefore ensuring that certain types of advertising content is restricted. The terms of the DA prohibit the display of any advertisement that promotes or relates to smoking tobacco/marijuana products, sexually oriented businesses, sexually oriented or themed products/services, and, or

political speech, including, but not limited to, any political advertisement relating to the City or a City election.

3. The proposed project has been reviewed in compliance with the provisions of the CEQA and the city’s environmental review procedures.

As contained in Resolution ____, a MND and MMRP were prepared and incorporated into the Project. The City Council finds that the MMRP will mitigate or avoid potential significant impacts created by the Project. The MND was circulated for public review from March 17, 2022 to April 16, 2022, and considered prior to consideration of the Project and Amendments.

4. Additional Finding for Title Amendments (Code Amendments). The proposed amendment is internally consistent with other applicable provisions of this title.

The proposed CA ensure consistency between the General Plan and Zoning Map land use designations, and the Fountain Valley Municipal Code.

SECTION 4:

Pursuant to Fountain Valley Municipal Code section 21.46.080, the City Council does hereby find as follows:
1) The proposed development is generally consistent with the actions, goals, objectives and policies of the general plan;
The proposed changes to the FVCSP are consistent with the actions, goals objectives and policies of the general plan. This amendment will facilitate the construction of an EMC that is a compliant with the proposed amendments. 2) The design, location, shape, size, operating characteristics and the provision of public and emergency vehicle access and public services and utilities (e.g., drainage, fire protection, sewers, water, etc.), would ensure that the proposed development would not endanger, jeopardize or otherwise constitute a hazard to the public convenience, health, interest, safety or welfare, or injurious to the property or improvements in the vicinity and zoning district in which the property is located;
The project proposes to remove the existing freeway pole sign and replace it with a similar sign structure with an EMC consisting of a two-sided digital billboard on top. The location and footprint of the sign will not change. The proposed amendment will allow for one (1) EMC in the FVCSP subject to a DA. Through the DA, the City has the ability to limit the content of the advertisements on the sign therefore ensuring that certain types of advertising content is restricted. The terms of the DA prohibit the display of any advertisement that promotes or relates to

smoking tobacco/marijuana products, sexually oriented businesses, sexually oriented or themed products/services, and, or political speech, including, but not limited to, any political advertisement relating to the City or a City election. 3) The proposed development would:
i) Ensure quality development by encouraging greater flexibility with more creative and aesthetically pleasing designs for major urban developments; An EMC visible from the 405 Freeway will give business a new opportunity for advertising in the City that previously did not exist. The sign has been designed to be aesthetically pleasing concealing its support structure and technical components from view. The architectural style of the sign will be complimentary to the stucco buildings to the north in the area.
ii) Ensure the timely provision of essential public services and facilities consistent with the demand for the services and facilities; and
The proposed project will not affect public services or public facilities. The proposed sign will only rely on electricity provided on-site. iii) Promote a harmonious variety of housing choices and commercial and industrial activities; attain a desirable balance of residential and employment opportunities and result in a high level of urban amenities and the preservation of the natural and scenic qualities of open space.

The proposed EMC will provide an advertising mechanism along the 405 Freeway available to business that previously did not exist. By locating the sign in the FVCSP, the area may gain visual notoriety with a prominent sign in a highly visible location adjacent to the freeway.
4) The subject property is physically suitable for the proposed land use designation(s);
The project requires a code amendment to Section 2.9 of the FVCSP in order to allow for one (1) EMC. The amended by the City to allow for the display of one (1) off-site advertising display within a limited area between I-405 mile marker 12.41 and 12.50. Development standards have been drafted in Attachment 5 and will limit the height of the EMC to 73 ft.
5) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA) and the city’s environmental review procedures; and

An Initial Study / MND was prepared for the proposed project and has been reviewed in compliance with CEQA per Section 2 above, which is incorporated by reference herein.
6) There would be no potential significant negative effects upon environmental quality and natural resources that would not be properly mitigated and monitored, unless a statement of overriding considerations is adopted by the council.

The MND was prepared to mitigate any potential effects the project may have on the environment. The implementation of the proposed Project will not substantially contribute to cumulatively considerable impacts related to aesthetics. The Project site is located over 900 feet from Moon Park and the existing 59-foot-tall pole mounted sign is already visible (refer to Figure 5). The replacement of the existing sign with a new 73-foot-tall sign will not introduce a new commercial presence.

Additionally, Louver Technology will be incorporated into the design of the EMC.

Residential areas approximately 900 feet to the southeast within the City of Costa Mesa will experience less than 0.0152 foot-candles (i.e., similar to the light from a single 100-watt light bulb viewed from 100 feet away). Therefore, the area will experience a nearly undetectable difference in ambient light with the installation of the proposed pole-mounted electronic billboard.

SECTION 5:

That Section 2.9.1 of the FVCSP is hereby amended to read as follows:
“…

2.9.1 NUMBER OF SIGNS
FVCSP 2.9.1.B.2 – Special Signs
“…d. Notwithstanding any other provision of this Specific Plan, there shall be permitted one (1) electronic message center (EMC) sign in the Crossings Specific Plan area. It is the intent of the City Council in enacting this section that only one offsite commercial message sign be permitted in the entire Specific Plan area on private property. The EMC sign many only be placed on a property that abuts the 405 Freeway in the Workplace Gateway Segment (WGS) and that meets the guidelines of Section 5216 of the California Business and Professions Code.”
FVCSP 2.9.5.V. Electronic Message Center Sign
Electronic message center (EMC) signs are electronic, freeway-oriented, freestanding signs on private or public property that may display non-commercial and commercial messages, including offsite commercial messages.

1. Distribution and Location

a. An EMC shall comply with the Crossings Specific Plan and all applicable requirements of the California Business and Professions Code and the California Code of Regulations. In accordance with California Business and Professions Code Section 5440 a new billboard shall only be allowed in those portions of the Workplace Gateway Segment not designated as “landscaped freeways” pursuant to California Business and Professions Code Section 5216.

2. Operational Requirements.
a. EMC sign operating criteria:
i. Each static message shall not include flashing lights or the varying of light intensity.
ii. Minimum Display Time. Each message shall be displayed for a minimum of (8) seconds.
iii. Sign shall not operate at brightness levels of more than 0.3 foot-candles above ambient light, as measured using a foot-candle meter, at a pre-set distance as set forth under this section.
iv. Pre-set distances to measure the foot-candles’ impact vary with the expected viewing distances of each size sign and shall comply with the following:

Nominal Face Size Distance to Point of Measurement
14’ x 48’ 250 ft.
vi. Each sign shall have a light sensing device that will adjust the brightness as ambient light conditions change.
b. The EMC sign shall be designed and required to freeze the display in one (1) static position, display a full black screen, or turn off, in the event of a malfunction.
c. Walls or screens at the base of the EMC sign shall not create a hazard to public safety or provide an attractive nuisance and shall be continually maintained free from graffiti.
d. An EMC sign shall not be operated so as to constitute a hazard to safe and efficient operation of vehicles on streets or freeways and shall comply with all applicable local, state, and federal laws and regulations. e. No EMC sign shall simulate or imitate any directional, warning, danger or information sign, or any display likely to be mistaken for any permitted sign intended or likely to be construed as giving warning to traffic; for example, using such words or phrases as “stop” or “slow down.”
f. No EMC sign shall involve any red or blinking or intermittent light that may be mistaken for warning or danger signals nor shall its illumination impair the vision of travelers on the adjacent freeway and for roadways.
g. The EMC sign shall be operated and maintained in compliance with Business and Professions Code Section 5403.

3. Size
a. The minimum distance between an EMC sign or static billboards or between billboards and the freeway right-of-way shall be the minimum distance and separation criteria established by the California Department of Transportation (Caltrans). All distances shall be measured from the vertical centerline of each billboard face.
b. No EMC sign shall have more than one (1) digital face (display surface) oriented in the same vertical plane.
c. The maximum EMC sign face area on any vertical plane shall be six hundred seventy-two (672) square feet; with a maximum height of fourteen (14) feet and maximum width of forty-eight (48) feet per sign face; d. The maximum height of any EMC sign including non-digital sign faces shall be seventy-five (75) feet as measured from the bottom of the billboard supports to the highest point of the sign face.
e. EMC signs shall be placed at least two hundred (200) feet from any residential zone or residential use. The measurement shall be from the closest edge of the billboard supporting structure to the closest edge of the closest property line on which a residential use is located.

4. Design
a. All utilities for an EMC sign shall be underground.
b. EMC sign structures shall be free of any visible bracing, angle iron, guy wires, cable, and/or similar supporting elements. All exposed portions of an EMC sign, including backs, sides, structural support members and support poles, shall be screened to the satisfaction of the Community Development Director. c. EMC signs shall plainly display, and be visible from no less than one hundred (100) feet, the name of the person or company owning or maintaining it and the billboard identification number.

5. Entitlement.
a. EMC signs shall be permitted in the WGS only after a development agreement has been negotiated and executed between the electronic billboard operator, property owner or person authorized to legally bind property owner, and City. b. All development agreements entered into in accordance with this Section shall contain appropriate standards and public benefits and shall comply with all other requirements and standards imposed by the Crossings Specific Plan. …”

SECTION 6:

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

SECTION 7:

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

PASSED, APPROVED AND ADOPTED THIS 6
th DAY OF DECEMBER, 2022.

ATTEST:
________________________ ________________________
City Clerk Mayor

APPROVED AS TO FORM

HARPER & BURNS LLP
___________________________
Attorneys for the City

ORDINANCE NO._____

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FOUNTAIN

VALLEY APPROVING A DEVELOPMENT AGREEMENT (DA) BETWEEN
THE CITY OF FOUNTAIN VALLEY, BSP E405 LLC, AND BECKER
BOARDS, SMALL LLC FOR THE CONSTRUCTION OF A NEW 73-FOOT TALL ELECTRONIC MESSAGE CENTER (EMC) SIGN WITH TWO (2)
DISPLAYS LOCATED ON PRIVATE PROPERTY AT 18375 EUCLID
STREET
WHEREAS, Government Code Section 65865 eq. seq., authorizes cities to enter into development agreements with applicants pursuant to which those applicants will be entitled to develop their property in a specified manner; and WHEREAS, Becker Boards, Small LLC. (Becker) is desirous of entering into the proposed DA which is shown as Attachment “3.1” to this Ordinance and incorporated herein by this reference; and
WHEREAS, the Development Agreement will meet all of the criteria of Fountain Valley Municipal Code 21.38.040(e)(7); and
WHEREAS, the Planning Commission has considered the DA on October 26, 2022, adopted Resolution No. 22-32 recommending approval of the Development Agreement; and
WHEREAS, this DA has been duly processed in accordance with City's rules and regulations governing the approval of development agreements; and WHEREAS, the City Council considered the recommendation of the Planning Commission and on November 15, 2022 held a public hearing pertaining to this DA in accordance with Government Code Section 65856; and
WHEREAS, the City Council voted 4 to 1 and approve the first read of ordinances for the proposed CA, DA and the proposed project; and
WHEREAS, the City Council does hereby find that the provisions of the agreement are consistent with the General Plan;

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

SECTION 1:

The City Council finds that due notice of the public hearing on November 15, 2022, conducted in the Council Chambers, City Hall, 10200 Slater Avenue, was given as required by the FVMC, Title 21, and the Statutes of the State of California.

SECTION 2:

A Mitigated Negative Declaration (MND) and Mitigation Monitoring and Reporting Program (MMRP) was prepared for the project consisting of the Initial Study, all comments and recommendations received during the public review period. The MND was circulated for public review from March 17, 2022 to April 16, 2022, and made available to the public and the City Council for review and consideration. The City Council has reviewed the MND, together will all comments and responses to those comments, and MMRP, and has found that the environmental document considers all environmental effects of the proposed Project, is complete and adequate, and fully complies with all requirements of California Environmental Quality Act (CEQA) and the CEQA Guidelines.

The City Council, as the Lead Agency, arrived at its independent judgement and found that on the basis of the MND and any comments received that there is no substantial evidence that the Project will have a significant adverse impact on the environment provided that the mitigation measures identified in the environmental document are incorporated into the Project.

SECTION 3:

Pursuant to Fountain Valley Municipal Code section 21.38.040(e)7, the City Council does hereby find as follows:

1. The development agreement would be in the best interests of the city.

The proposed CA will allow for only one (1) EMC in the FVCSP subject to a DA.

Through the DA the city will be able to ensure the advertising content is acceptable to the city and that the city is compensated annually for the sign.

2. The development agreement is consistent with the actions, goals, objectives and policies of the general plan, any applicable specific plan and this title.

The project proposes to remove the existing freeway pole sign and replace it with a similar sign structure with an EMC consisting of a two-sided digital billboard on top. The location and footprint of the sign will not change. The proposed amendment would allow for one (1) EMC in the FVCSP subject to a DA. Through the DA, the City has the ability to limit the content of the advertisements on the

sign therefore ensuring that certain types of advertising content is restricted. The terms of the DA prohibit the display of any advertisement that promotes or relates to smoking tobacco/marijuana products, sexually oriented businesses, sexually oriented or themed products/services, and, or political speech, including, but not limited to, any political advertisement relating to the City or a City election.

3. The development agreement would promote the public convenience, health, interest, safety or welfare of the city.

Becker has agreed to use one (1) spot in a standard eight-(8) spot rotation on each digital display of the structure upon request from the city to display city branded messaging announcements and non-commercial public service announcements to promote the civic interests of the city without charge to city. Through this advertising mechanism, the city is able to widely promote the interests of public convenience, health, safety and welfare.

SECTION 4:

The Development Agreement, included herewith as Attachment 3.1, is approved and adopted.

SECTION 5:

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

SECTION 6:

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

PASSED, APPROVED AND ADOPTED THIS 6
th DAY OF DECEMBER, 2022.

ATTEST:
________________________ ________________________
City Clerk Mayor

APPROVED AS TO FORM

HARPER & BURNS LLP
___________________________
Attorneys for the City

[Space Reserved for Recording]

DEVELOPMENT AGREEMENT
This Development Agreement (this “Agreement”) is dated effective as of __________, 2022 (the “Effective Date”), and entered into by and among the CITY OF FOUNTAIN VALLEY, a California municipal corporation (“City”), BSP E405, LLC, a Delaware limited liability company (“Owner”), and BECKER BOARDS SMALL, L.L.C., an Arizona limited liability company (“Becker”). City, Owner and Becker may be referred to collectively as the “Parties”, and individually as a “Party.”

RECITALS
WHEREAS, Owner owns the property located at 18349 and 18275 Euclid Street, Fountain Valley, California (the “Property”), described in Exhibit A attached hereto and incorporated herein; and WHEREAS, Becker is in the business of outdoor advertising; and WHEREAS, Owner and Becker have entered into a lease agreement (the “Site Lease”) whereby Becker intends to remove the existing 60’ pole structure (the “Existing Sign”), located on the Property and Becker may use the Property for the purpose of erecting, maintaining, operating, improving, supplementing, posting (whether physically, digitally or via other remotely changeable technology), illuminating, repairing, repositioning and/or removing the Existing Sign and building 73 foot tall dual faced digital outdoor advertising structure for the top panels, whether using digital or other technology displays, including, without limitation, fixture connections, electrical and broadband supply and connections, panels, signs, displays, copy and any other equipment and accessories as Becker may place thereon, and four (4) static illuminated on premises identification panels (the “Static Panels”) below the outdoor advertising displays on the same structure as depicted on Exhibit B (collectively, the “Structure”); and WHEREAS, upon execution of this Agreement, Becker will be allowed to construct and thereafter operate the Structure on the Property as further described in this Agreement; and WHEREAS, the environmental impacts of the Structure have been analyzed in a MND approved by Council on November 15, 2022; and
WHEREAS, this Agreement is contingent upon California Department of Transportation approvals and permits (the “CalTrans Permits”) and the Parties understand that the Structure contemplated by this

Agreement would be allowed at the Property as part of an “unlandscaped” segment of the freeway adjacent to the Property; and
WHEREAS, the Parties agree that the Structure authorized by this Agreement shall be constructed and maintained in compliance with Business & Professions Code sections 5200 et seq. (the California Outdoor Advertising Act) and the regulations adopted by the California Department of Transportation applicable to billboards including but not limited to sections 5400-5443.5; and WHEREAS, the Planning Commission of the City at its duly noticed public meeting on October 26, 2022, and the City Council of the City at its duly noticed public meeting on December 6, 2022, have approved this Agreement;

AGREEMENTS
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are acknowledged, the City, Owner and Becker agree as follows:

1. Rebuild of Existing Sign.
(a) Rebuild. This Agreement is contingent upon the rebuild of the Existing Sign. The Parties agree that within ninety (90) days from the Effective Date (the “Rebuild Period”), Becker shall pay for and obtain a demolition permit, if necessary, and remove the Existing Sign at Becker’s own cost and expense. Said removal shall be in accordance with all federal, state, county and local laws. In removing the Existing Sign, Becker agrees it is waiving and agrees not to claim any right to government benefits for such removal, including but not limited to eminent domain or inverse condemnation benefits or relocation benefits, however, Becker will incorporate the Static Panels in the Structure when it builds the Structure. Becker’s sole right and consideration shall be as specifically set forth in this Agreement
(b) Restoration of the Site. Except as needed to construct the Structure, the portion of the Property impacted by the removal of the Existing Sign shall either be transported off-site for Becker’s re-use or placed in the trash stream in accordance with City’s Recycling and Diversion of Waste from Construction and Demolition ordinance (Fountain Valley Municipal Code Chapter 6.09) or successor statute. No waste, trash or remnants shall remain on the Property after the Removal Period.

2. Use. Upon removal of the Existing Sign, and subject to Becker obtaining the necessary permits (including the CalTrans Permits), Becker may use the Property for the purpose of erecting, maintaining, operating, improving, supplementing, posting (whether physically, digitally or via other remotely changeable technology), illuminating, repairing, repositioning and/or removing the Structure.

3. Term.
(a) Initial Term and Extensions. This Agreement shall be in effect for an initial term, commencing on the Effective Date and ending on the date which is fifteen (15) years (the “Initial Term”) after the Commencement Date (as defined in Section 4), subject to expiration or cancellation of the Site Lease.

After the end of the Initial Term, this Agreement shall automatically continue in full force and effect on the same terms and conditions for a second fifteen (15) year term and, at the expiration of said second fifteen (15) year term, a ten (10) year term, and, at the expiration of said ten (10) year term, successive one year terms (each an “Extended Term” and together with the Initial Term shall be defined as the “Term”), unless and until City or Becker delivers to the other at least 60 days prior to the end of the then current Term, written notice of termination of this Agreement, in which case the termination shall be effective upon the expiration of the then current Term. If upon the expiration of the Term (as the same may be extended) the Parties hereto are engaged in good faith negotiations to extend the Term of this Agreement, then Becker shall not be obligated to remove its Structure from the Property until thirty (30) days after the receipt of written notice from City expressly stating that City does not desire to continue such renewal negotiation of this Agreement. Within 30 days after the expiration or termination of this Agreement, the Parties shall execute a written cancellation of this Agreement which shall be recorded with the County Recorder of

Orange County, California. Becker shall completely remove the Structure and all development authorized by this Agreement no later than 60 days after termination of this Agreement.

4. Annual Payments.
(a) Annual payments. After the completion of construction of the Structure and within sixty (60) days after receipt of the final construction approval from the City to operate the Structure (the “Commencement Date”), Becker shall pay the City the sum of Five Hundred and Fifty Thousand Dollars ($550,000.00) per year (the “Annual Fee”) for the license rights and other consideration provided in this Agreement. Said amount shall be paid monthly in equal installments. Commencing on the first day of the sixth (6th) year of the Initial Term, and every five (5) years thereafter (including any extensions of the Initial Term), the Fixed Fee shall be increased by 10% of the immediately preceding Annual Fee. By way of example and not limitation, the Fixed Fee for the first five years shall be $550,000, which shall be increased by 10% on the first day of the 6th year to $605,000, which Fixed Fee shall again be increased by 10% on the first day of the 11th year to $665,500, and so on. The Fixed Fee shall be paid in equal monthly installments on or before the 5th day of each month. (b) Consideration. Within thirty (30) days after the Effective Date, Becker shall pay the City the sum of Sixty Thousand Dollars ($60,000.00) (the “Consideration”) as consideration for entering into this Agreement.
(c) Colocation. There shall be no colocation of other facilities, such as cellular antenna or communications devices, on the Structure.

5. Construction and Maintenance of Structure.
(a) Construction. Becker will construct the Structure substantially in conformance with the specifications set forth in Exhibit B attached hereto and in accordance with the applicable provisions of California Business and Professions Code sections 5200 et seq. and applicable regulations adopted by the California Department of Transportation applicable to billboards, including, but are not limited to, Business and Professions Code sections 5400-5443.5.
(b) Construction Requirements: 1) The height of the sign Structure shall not exceed 73 feet measured from the original (adjacent) grade or finished grade, whichever is lower, to the highest point of the sign face; and 2) the sign shall be equipped with the latest light dimming technology available and shall be approved by the Community Development Director.
(c) Maintenance. Becker shall maintain and repair (including patching and repainting the Structure and its components when faded, chipped, or damaged) such that they are maintained in an as new condition as determined by the City of Fountain Valley. Becker shall be required to keep the footprint area within 10 feet of the support column of the Structure (the “Footprint”) properly maintained, which may require the installation of and maintenance in a healthy condition of drought resistant landscaping or xeriscaping. Becker shall keep the Footprint weed and litter free. (d) Graffiti. Becker shall keep the Structure and the Footprint in good repair and free from graffiti. Graffiti shall be removed within forty-eight (48) hours of Becker’s receipt of written notice. Becker shall provide City with a contact number for providing said notice – should be provided now. Should Becker not remedy graffiti in a manner that satisfies the Director of Public Works in his reasonable discretion, City shall have the right to hire contractors or use its own employees and provide graffiti abatement at Becker’s cost.

6. City Branded Messaging. Becker shall agree to use one (1) spot in a standard eight-(8) spot rotation on each digital display (the “Digital Displays”) of the Structure upon request from the City following the Commencement Date to display City Branded Messaging announcements and noncommercial public service announcements to promote the civic interests of the City (collectively, “Public Service Announcements”) without charge to City, subject to the following conditions and parameters:

(a) At least forty-five (45) days before the proposed display date, the City shall notify Becker of any request to display a Public Service Announcement. Any requested Public Service Announcement will be subject to Becker’s standard advertising copy rejection and removal policies which allow Becker the right, in its sole discretion, to approve or disapprove copy and remove copy once posted or displayed. (b) The City shall not charge for, or exchange goods or services for, any advertising on the Digital Displays.
(c) The City must submit "camera ready art" utilizing formats and protocols acceptable to Becker from time to time or pay production costs. All copy shall be submitted to Becker at least ten (10) business days prior to the scheduled display date.
(d) If, at any time and for any reason, Becker removes the Digital Displays from the Structure or is unable to operate the Digital Displays, Becker’s obligation to provide the Public Service Announcements shall be automatically terminated and Becker shall be under no obligation whatsoever to provide the City with any type of free advertising space. (e) It is expressly understood and agreed that Public Service Announcements may not include any names, logos or marks associated with any third party non-governmental person or entity or any products or any services associated with any third party non-governmental person or entity except that Public Service Announcements may include the names, logos or marks of the Fountain Valley restaurant association, chamber of commerce, meals on wheels, or any 501(c)(3) organization. (f) The City shall and hereby does agree to indemnify, defend and hold harmless Becker and Owner for, from and against, any claims, costs (including, but not limited to, court costs and reasonable attorneys’ fees), losses, actions or liabilities arising from or in connection with any third party allegation that any portion of any Public Service Announcement provided by the City infringes or violates the rights, including, but not limited to, copyright, trademark, trade secret or any similar right, of any third party. This indemnity shall not include Owner’s or Becker’s lost profits or consequential damages or any similar right, of any third party.
(g) Becker shall utilize the advertising space on the Digital Displays for regional emergency announcements and alerts, including Amber Alerts, and wanted criminal postings from law enforcement as reasonably necessary and in accordance with local and regional emergency messaging protocols. (h) In addition, Becker agrees to provide additional free advertising space to City for Public Service Announcements on a space available basis.

7. Advertising Restrictions. Becker hereby voluntarily offers and agrees that it will not display on the Structure any advertisement that promotes or relates to smoking tobacco products, “e” cigarettes or vapor smoking products, marijuana or hemp products, including but not limited to THC, CBD, and cannabis, sexually oriented businesses including, but not limited to, adult topless theater, nude theater, conferences and conventions promoting sexual aids, products, or entertainment or lifestyles, contraception, condoms, sexual function or dysfunction, sexual enhancements, or products related to sex or sexual performance, or political speech, including, but not limited to, any political advertisement relating to the City or a City election.

8. Casualty. If for any reason, Becker’s Structure is removed, materially damaged or destroyed without fault of Becker, Becker’s obligation to make Annual Payments to City shall abate for 90 days or until the Structure is rebuilt and all necessary governmental authorizations are obtained to operate the Structure, whichever period is shorter.

9. Eminent Domain. If the Structure or the Property, or any part thereof, is condemned by proper authorities; taken without the exercise of eminent domain, whether permanently or temporarily; or any right-of-way from which the Structure is visible is relocated, Owner or Becker (subject to the terms of the Site Lease between Owner and Becker) shall be entitled to compensation and other remedies

provided by law for its interests, including, without limitation, just compensation for the taking of the Structure and Becker’s right set forth in this Agreement, and/or relocation assistance. If condemnation proceedings are initiated by the City, the City shall include Becker as a party thereto. City shall be entitled to its damages in such an action if City is not the condemner.

10. Insurance.

Insurance. During the Term, Becker shall procure and maintain, at its sole cost and expense, in a form and content reasonably satisfactory to City, the following policies of insurance:
(a) General liability insurance. Becker 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 $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability, and $2,000,000 completed operations aggregate.
(b) Umbrella or excess liability insurance. Becker shall obtain and maintain an umbrella or excess liability insurance policy with limits of not less than $4,000,000 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 in the event that any primary insurance that would otherwise have applied proves to be uncollectable in whole or in part for any reason;  Pay on behalf of wording as opposed to reimbursement;  Concurrency of effective dates with primary policies; and  Policies shall “follow form” to the underlying primary policies.  Insureds under primary policies shall also be insureds under the umbrella or excess policies. (a) Workers’ compensation insurance. Becker shall maintain Workers’ Compensation Insurance (Statutory Limits) for Becker’s employees in accordance with the laws of the State of California. Becker 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. (b) Pollution liability insurance. Environmental Impairment Liability Insurance shall be written on a Contractor’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 $1,000,000 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 Property to the final disposal location, including non-owned disposal sites.

The policy shall extend coverage for a minimum of three years after termination of this Agreement or removal of the Structure, whichever occurs last. 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.

Proof of insurance. Becker 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’s risk manager prior to the issuance of building permit by City. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time.

Duration of coverage. Unless specifically stated otherwise, Becker shall procure and maintain for the duration of this Agreement the insurance coverages required herein.

CITY’s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these requirements 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 Becker. Failure to promptly reimburse City is a material breach of 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 the CITY’s risk manager.

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 Becker or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Becker hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors.

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

Requirements 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. Becker 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 policies.

City’s right to revise requirements. The City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving the Becker a ninety (90)-day advance written notice of such change. If such change results in substantial additional cost to the Becker, the City and Becker may negotiate an offset of Becker’s Annual Fee.

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

Additional insurance. Becker 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 fulfillment/enjoyment of the obligations/rights under this Agreement.

11. Indemnification.
(a) Indemnity. Becker, as a material part of the consideration to be rendered to City under this Agreement, hereby waives all claims against City for damage to property and for injuries to persons in or about the Property, from any cause relating to Becker’s activities related to this Agreement. Becker shall indemnify, defend, and hold harmless City and each of its officers, agents, and employees (collectively the “City Parties”) from any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions, or liabilities, reasonable attorney’s fees and court costs (hereinafter “Indemnified Claims and Liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in connection with this Agreement. Indemnified Claims and Liabilities shall include, but are not limited to: (i) Becker’s, or Becker’s officers, employees, agents, licensees, consultants, or contractors (collectively “Becker Parties”) negligence, recklessness, or willful misconduct in the performance of obligations under this Agreement, (ii) Becker Parties failure to comply with any provision of this Agreement, (iii) Becker Parties use of the Property, (iv) City’s approval of this Agreement, (v) City’s approval of any Permit or other City regulatory approval in connection with the Agreement, (vi) City’s approval of the Digital Displays and/or the Structure, (vii) the existence or operation of the Structure and/or the Digital Displays, (viii) the conduct of Becker’s business or from any activity, work or things done, permitted or suffered by Becker or Becker Parties in or about the Property, (ix) any legal action brought by a third party against the City where any part of said action seeks to locate offsite advertising anywhere in the City and Becker’s Structure or Digital Display is proffered as full or partial justification for said offsite advertising, (x) any legal action brought by a third party against the City where any part of said action challenges City’s approval of this Agreement, any City regulatory approval related to this Agreement, the Structure, and/or environmental/CEQA review, or (xi) any action or challenge brought for any reason by a third party against this Agreement or City Parties, directly or indirectly related to this Agreement. (b) Defense. Becker will defend, with counsel reasonably approved by the City, any action or actions filed in connection with any of said Indemnified Claims and Liabilities covered by indemnification provisions herein once notified of the existence of such claims by the City and will pay all costs and expenses, including reasonable legal costs and attorney’s fees incurred in connection therewith. (c) Exceptions. The foregoing indemnity shall not include claims or liabilities arising from the sole negligence or willful misconduct of the City, its officers, agents, subcontractors, or employees, who are directly responsible for the City.

12. Taxes. City hereby provides notice to Becker that a possessory interest may have been created by this Agreement which may cause this Property to be subject to taxation of the possessory interest. Pursuant to California Revenue and Taxation Code section 107.6, City hereby notifies Becker that the Property may be subject to such taxation and Becker agrees that it will pay those taxes, if any, of which Becker receives timely notice and will indemnify City from any liability therefrom.

13. Findings Required. In approving this Agreement, the City Council does hereby make the following findings in accordance with Fountain Valley Municipal Code Chapter 21.38:
(a) That Becker, by virtue of this Agreement, will have a right in the Property, described herein in Exhibit A, to wit, a right to operate the Structure in accordance with the terms of this Agreement, including the Exhibits.
(b) That this Agreement is in the best interests of the City. (c) That the status of Becker and its rights to operate the Structure on the Property have been established in this Agreement.
(d) That all applications with respect to the Structure have properly been made and all processing and review fees have been paid.

(e) That the operation of the Structure will be consistent with the actions, goals, objectives and policies of the general plan, any applicable specific plan and this Agreement. (f) That this Agreement will promote the public convenience, health, interest, safety or welfare of the City.

14. Mandatory Provisions. In accordance with Government Code section 65865.2, the following provisions are incorporated:
(a) The Term of the Agreement shall be as provided in Paragraph 4. (b) The Structure may be operated on the Property as described in Exhibit B and this Agreement. The physical structure, maximum height and dimensions of the Structure, including the sign panels for on-site tenants on the Property, are set forth in Exhibit B. Further discretionary review and modifications may be allowed in accordance with the terms of this Agreement.

15. Periodic Review. In accordance with Government Code section 65865.1, this Agreement will be reviewed on at least an annual basis to ensure the terms hereof are observed. Said review may be conducted by the City Manager or by such other person as the City Manager may designate.

16. Authority. Owner represents that it is the owner of the Property and has the right to enter into this Agreement and to bind Owner hereby. City represents that it is has the right to enter into this Agreement and to bind City hereby. Becker represents that it has the right to enter into this Agreement and to bind Becker hereby. The individuals signing below warrant that they have the specific authority from their respective principals to execute this Agreement on their behalf and agree to provide such resolutions or other documents reasonably necessary to satisfy the other Party of such authority.

17. Assignment. Becker may only assign or otherwise transfer this Agreement, or its interest in the Structure, to any other person, firm, or entity, upon presentation to City of an assignment and assumption agreement in a form reasonably acceptable to City’s attorney and receipt of City’s written approval of such assignment or transfer by the City Manager provided, however, that Becker may, from time to time and one or more times, assign this Agreement, to one or more persons or entities without City approval, but with written notice to City, as long as Becker, or entities owned and controlled by Becker, Mark Becker or Joseph White, have and maintain at least fifty-one percent (51%) of ownership interest in such entities who are assignees or transferees. After a transfer or assignment as permitted by this Section, City shall look solely to such assignee or transferee for compliance with the provisions of this Agreement which have been assigned or transferred.

18. Company Status. Becker is an Arizona limited liability company registered to do business in the State of California. Becker shall provide City with evidence of its company existence and provide copies of its articles of organization and resolutions, if applicable, showing who the manager of Becker is that has authority to sign legal documents. City may request periodic updates of those documents to be assured that it is negotiating with persons with legal authority.

19. Successors. This Agreement is binding upon the heirs, assigns and successors of the Parties.

20. Further Assurances. Each Party shall execute all additional documents or instruments and take all necessary action that either Party reasonably considers necessary to carry out the proper purposes of this Agreement.

21. Notices. All notices and other communications required or permitted to be given hereunder shall be in writing and shall be sent by: (a) certified mail, postage pre-paid, return receipt requested; (b) personal delivery; or (c) a recognized overnight carrier that provides proof of delivery, and shall be addressed as follows:

If to City: City of Fountain Valley
Attn: City Manager
10200 Slater Avenue
Fountain Valley, California 92708
With a Copy to: Harper & Burns LLP
Attn: Attorney for the City of Fountain Valley
453 South Glassell Street
Orange, California 92866
If to Becker: Becker Boards Small, L.L.C.

Attn: Joseph White and Mark Becker
4234 E Indian School Road
Phoenix, Arizona 85018
With a Copy to: Nagle Law Group, P.C.

Attn: Robert H. Nagle
4530 East Shea Boulevard, Suite 140
Phoenix, Arizona 85028
If to Owner: BSP E405, LLC
Attn: Matthew Haugen
3501 Jamboree Rd., Ste 4200
Newport Beach, CA. 92660
If mailed, the written notice shall be deemed received and shall be effective on the earlier of the date of actual receipt by the addressee or three (3) business days after deposit in the United States mail in the State of California. If either Party gives notice in writing to the other Party of any change in said address, then and in that event such notice shall be given at the changed address specified in such notice.

22. Governing Law. This Agreement shall be governed exclusively by the provisions hereof and by the laws of the state in which the Property is located, as the same may from time to time exist without regard to conflict of laws provisions. Any action or proceeding seeking to enforce any provision of, or based on any right arising out of, this Agreement may be brought against any of the Parties only in the courts within the county in which the Property is located, or, if it has acquired or can acquire jurisdiction, in the United States District Court for the applicable district located in the applicable county where the Property is situated, and each of the Parties consents to the exclusive jurisdiction of such courts (and of the appropriate appellate courts) in any such action or proceeding and waives any objection to venue laid therein.

23. Termination. This Agreement shall be terminated, for good cause, by a Party if a Party gives the other Parties written notice of default and if that default is not corrected (i) on or before ten (10) days after receipt of the notice for non-payment of any amount due or (ii) within sixty (60) days after receipt of the notice for any other good cause.

If this Agreement terminates due to non-performance by City, then (i) no other Annual Payment shall be due, and (ii) for only what would have been the remaining Term of this Agreement had it not been terminated (the “Remaining Term”), the Structure installed pursuant to this Agreement shall be treated as legal nonconforming uses, but the Structure shall be removed at the end of the Remaining Term or ten (10) years thereafter, whichever is shorter.

If this Agreement terminates due to non-performance by Becker, then (i) the Annual Payment shall be retained by the City, and (ii) Becker shall immediately remove the Structure installed pursuant to this Agreement; provided, that if Becker fails to remove the Structure within ninety (90) days after this Agreement is terminated pursuant to this subsection, then City shall be entitled to remove and dispose of

the same. If the City is required to exercise its rights due to Becker’s failure to remove the Structure, then City shall be entitled to be reimbursed by Becker any and all direct expenses incurred by City in exercising its rights under this subsection within no more than ten (10) days following City’s delivery of an invoice demanding payment for such expenses. Any such removal of the Structure by City shall not entitle Becker to any damages of any kind whatsoever against any and all City Parties and Becker hereby releases all City Parties from Indemnified Claims and Liabilities for any action by any of the City Parties in removing any and all of the Structure.

Notwithstanding the foregoing, in the event this Agreement is terminated by either Party, Owner retains the right to build a new sign that is substantially similar to the Existing Sign that is being removed.

24. Disputes.
(a) City may bring an action against Becker if it fails to pay any money when due. Such action shall include monetary damages as well as any other appropriate relief. (b) Should Becker have a dispute against City for failure to perform, Becker agrees to limit its relief to declaratory relief or writ of mandate, and no monetary damages shall be available. (c) Each Party covenants not to sue over whether the provisions of this Agreement are valid and enforceable.
(d) City shall solely look to Becker for compliance of the terms of this Agreement, including, but not limited to, the payment of the Annual Payment, Consideration or Additional Payment to City.

25. Attorney’s Fees. In the event of litigation between the parties arising out of this Agreement, each Party shall bear its own attorney’s fees and costs.

26. Waiver of Jury Trial; No Punitive Damages. Each Party irrevocably waives any and all right to trial by jury in any legal proceeding arising out of or related to this Agreement or the transactions contemplated hereby. No Party shall be liable for punitive damages arising under or related to this Agreement.

27. Entire Agreement; Modification. No Party shall be bound by any terms, conditions or oral representations that are not set forth in this Agreement. This Agreement represents the entire agreement of the Parties with respect to the Structure and supersedes any previous agreement. No supplement, modification or amendment of this Agreement shall be binding unless in writing and signed by the Parties.

Nothing in this Agreement shall be deemed or construed (i) to modify or amend the Site Lease, or any of Becker’s obligations thereunder; (ii) bind or restrict Owner with respect to its ownership or operation of the Property; or (iii) to impose any obligation whatsoever on Owner, including without limitation any obligation with respect to the Structure, except as expressly set forth in this Agreement.

28. Counterparts. This Agreement may be signed in counterparts.

29. Recordation. This Agreement shall be recorded in accordance with Government Code section 65868.5.

30. Local Business Discount. Becker shall provide advertising on the Digital Displays to privately owned local businesses (i.e., those having a physical address in Fountain Valley(a “Local Business”) solely with respect to the Local Business advertising its business solely for locations in the City of Fountain Valley at 30-percent off Becker’s listed advertising rates. The discount will not be available for publicly traded entities.
[SIGNATURE PAGES FOLLOWS]

IN WITNESS WHEREOF, the Parties have executed this Agreement to be effective as of the Effective Date.

CITY: CITY OF FOUNTAIN VALLEY, a California municipal
corporation
By: __________________________
Name:

Title:

Approved as to form:

HARPER & BURNS LLP
_______________________________
Name:

Attorney for the City of Fountain Valley
Attest
_____________________________
Name:

City Clerk
[Signatures Continued on Following Pages]

BECKER: BECKER BOARDS SMALL, L.L.C.,
an Arizona limited liability company
By: Garren Development, L.L.C.,
an Arizona limited liability company
By: __________________________
Name: Mark D. Becker
Its: Manager

STATE OF ARIZONA )
) SS

COUNTY OF MARICOPA )
The foregoing instrument was acknowledged before me this ______ day of _______________, 2021, by Mark D. Becker, the manager of Garren Development, L.L.C., an Arizona limited liability company, the manager of BECKER BOARDS SMALL, L.L.C., an Arizona limited liability company, for and on behalf of the company.

Notary Public in and for the State of Arizona
My commission expires:
[Signatures Continued on Following Page]

OWNER: BSP E405, LLC, a Delaware limited liability company By:

Name:

Title:

A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document

STATE OF CALIFORNIA

COUNTY OF
On __________________, 2021, before me, __________________________________________, a Notary Public, personally appeared ________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.
________________________________
Signature of Notary

EXHIBIT A TO AGREEMENT

EXHIBIT A

DESCRIPTION OF PROPERTY
Permanent Property Tax Number: 156-173-07
Legal Description: P BK 34 PG 37 PAR 4

EXHIBIT B TO AGREEMENT

EXHIBIT B

SIGN SPECIFICATIONS AND DEPICTION
[SEE ATTACHED 1 PAGE]

CITY OF FOUNTAIN VALLEY

CITY COUNCIL

COUNCIL ACTION REQUEST
To: Honorable Mayor and Agenda Date: December 6, 2022
Members of the City Council
SUBJECT: Approve an Amendment No. 6 to Contract 18-18 with Psomas for amount not to exceed $229,022 for continued project management, design review, and construction management services related to the I-405 Improvement Project Three-Year Strategic Goals
☒ Enhance the culture and environment of “A Nice Place to Live” ☒ Attract and retain revenue producing businesses
☐ Achieve fiscal stability in accordance with the 20-Year Financial Plan ☐ Attract and retain quality staff
☐ Not applicable
EXECUTIVE SUMMARY:

On April 5, 2016, City Council approved Cooperative Agreement No. C-5-3613 between the Orange County Transportation Authority (OCTA) and the City of Fountain Valley for the I-405 Improvement Project. Per the terms of the Cooperative Agreement, the City has a responsibility to promptly review and provide comments on all plans and other submittals related to the I-405 Improvement Project to facilitate the OCTA's delivery of the I-405 Improvement Project. In return, OCTA agreed to fund a consultant services who can act on City’s behalf for this purpose. (The City’s staffing level could not undertake such magnitude of engineering review and day-to-day construction management of the project in the best interest of the City.) In response, the City issued a Request for Proposals (RFP) on February 14, 2018, to assist with plan design review, field observation, and project management for city-owned infrastructure under construction on behalf of the City of Fountain Valley as owner's representative. In response to the RFP, the City received two proposals. Both proposals were reviewed and ranked. Psomas ranked higher and was selected due to its comprehensive approach to managing and handling all tasks with a strong team that has experience on similar type of design-build delivery projects.

The I-405 project is a multi-year design-build construction project. As such, the intensity of Psomas’ consulting services and the contract amount is based on different phases of design and construction activities. Staff negotiated with Psomas and OCTA on an annual basis or as needed for consulting services fees and OCTA’s financial commitment. The scope of services

Psomas Amendment No. 6 to CON 18-18
December 6, 2022

and the corresponding fees require annual reviews. Each amendment to the original contract is presented to City Council for review and approval. The expenses incurred by the City for Psomas’ services related to the I-405 Improvement Project are 100% reimbursable per the terms of the Cooperative Agreement with OCTA with an initial commitment/allocation of $975,700 in funding to the City.

On April 3, 2018, the Council awarded the initial contract, CON 18-18, to Psomas. The original contract scope and the term were from April 3, 2018, through December 31, 2022, for amount not to exceed $643,452. In the first year of the design phase, Psomas’ initial contract charges were slightly less than anticipated, which allowed their services to extend until March 5, 2019.

On March 5, 2019, Council approved Amendment No. 1 to Contract 18-18 for $180,000 for the period March 2019 through May 2019. In addition, the City was able to secure additional funding from OCTA through Amendment No. 3 to the Cooperative Agreement between OCTA and the City to provide for additional staffing and consultant resources to continue to support the I-405 project.

On April 30, 2019, the City Council approved Amendment No. 2 to Contract 18-18 with Psomas for $397,748 for services from June 2019 through December 2019.

On March 17, 2020, City Council approved Amendment No. 3 to Contract 18-18 with Psomas for $681,954 for services from January 2020 through December 2020.

On December 9, 2020, City Manager approved Amendment No. 4 for a time extension only from December 2020 through June 30, 2021.

On May 4, 2021, the City Council approved Amendment No. 5 for $743,047 for services from July 2021 through December 2022.

As Psomas’ scope of services is reviewed on an annual basis with amendments to the original contract, staff now recommends that the City Council approve Amendment No. 6 to Contract 18-18 with Psomas for not to exceed $229,022 for continued project management, design review, and construction management services for the I-405 Improvement Project from January 2023 through December 2023. If Psomas’ services be required beyond December 2023 due to delays of the I-405 construction project schedule, staff will work with OCTA staff to negotiate additional reimbursable funds as part of an amendment to the cooperative agreement between OCTA and the City of Fountain Valley.

Staff recommends that the City Council approve Amendment No. 6 to Contract 18-18 with Psomas for amount not to exceed $229,022 for continued project management, design review, and field observation services of improvements related to the I-405 Improvement Project.

DISCUSSION:

On April 5, 2016, City Council approved Cooperative Agreement No. C-5-3613 between the Orange County Transportation Authority (OCTA) and the City of Fountain Valley for the I-405 Improvement Project. The Cooperative Agreement allows for the I-405 project improvements to move forward, memorializes the responsibilities of both the City and OCTA throughout the project and upon completion, and provides the financial mechanism for the City to receive $2,960,700 in reimbursement funds for staff time and consultant assistance throughout the project. Due to the magnitude of work required for this project, which is reflected in the value