Fountain Valley City Council
January 17, 2023

AGENDA

CITY COUNCIL/ SUCCESSOR

AGENCY TO THE FOUNTAIN

VALLEY AGENCY

FOR COMMUNITY DEVELOPMENT/

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

Regular Meeting 6:00 p.m.

Tuesday, January 17, 2023
Council Chambers
10200 Slater Avenue
Fountain Valley, CA 92708
http://www.fountainvalley.org

MEETING ASSISTANCE: In compliance with the Americans with Disabilities Act, anyone needing special assistance to participate in a meeting of the government bodies listed herein should contact the City Clerk’s Office at (714) 593-4445. Notification 72 hours prior to the meeting allows the City to make reasonable arrangements to ensure accessibility to the meeting.

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

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

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

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

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

ZOOM LINK INFORMATION
• 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.

Topic: City Council
Time: Jan 17, 2023 06:00 PM Pacific Time (US and Canada) Join Zoom Meeting
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CLOSED SESSION
CALL TO ORDER 5:00 p.m.

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

1. CONFERENCE WITH LABOR NEGOTIATORS
Agency designated representatives: Maggie Le, City Manager, Carrie Hanes, Human Resources Director, Colin Burns, City Attorney, Rob Frizzelle, Community Services Director, Ryan Smith, Finance Director
Unrepresented part-time employees

2. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION
(Paragraph (1) of subdivision (d) of Section 54956.9)
Name of case: WISP v Fountain Valley (FCC Case)

3. CONFERENCE WITH LABOR NEGOTIATORS
Agency designated representatives: Mayor
Unrepresented employee: City Manager

4. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Title: City Manager

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

INVOCATION
SALUTE TO THE FLAG Mayor Pro Tem Glenn Grandis

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

ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS

CITY MANAGER / MAYOR UPDATE

PRESENTATIONS
• City of Kindness Recognition of Community Services Staff

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 – 5 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 December 20, 2022 Regular City Council Meeting

3. City of Fountain Valley Six Month Strategic Objectives Update For November 17, 2022 through May 11, 2023 Page 14
Staff recommends that the City Council Receive and File the Six Month Strategic Objectives matrix for November 17, 2022 through May 11, 2023.

4. Highway Safety Improvement Program for Traffic Signal Modification Improvements for 8 Intersections Accept PSOMAS $47,000 Proposal and authorize Staff to issue Purchase Order to PSOMAS & Approve budget amendment of FY22/23 as stated in staff report Page 20 Staff recommends that the City Council approve Alternative No. 1, which is to 1) Accept a Fee Proposal from PSOMAS, Inc. in the amount of $47,000 for continued Construction Engineering/Management and Inspection Services and authorize Staff to issue a Purchase Order to encumber the PSOMAS As-Needed On-Call Construction Management and Inspection Services Contract; and,
2) Approve a budget amendment of the Fiscal Year 22/23 as stated in the Staff Report for Highway Safety Improvement Program (HSIP) for Traffic Signal Modification Improvements for Eight (8) Intersections, Project TI288. This is the recommended action.

5. Award of contract to Phil Martin & Associates, Inc. to provide environmental services for a 15- lot subdivision located at 8572 Talbert Avenue Page 85
Staff recommends Alternative No. 1: Approve a contract to Phil Martin & Associates for planning and environmental services as specific in the attached scope of work.

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

6. Conduct a Public Protest Hearing Regarding 2023-2027 Consumer Price Index (CPI) Increases for Republic (dba Rainbow) Residential Trash Collection Rates per the requirement of the Proposition 218 – Presentation by HyeJin Lee, Public Works Director Page 118 Staff recommends that the City Council approve Alternative No. 1, which is to conduct a public protest hearing regarding the proposed residential trash collection rate increase in compliance with Proposition 218 and, if the protest fails, adopt a resolution establishing the proposed residential trash rate.

7. Public Hearing and Introduction: Code Amendment No. 22-06 – An Amendment To Fountain Valley Municipal Code 21.08.055 For The Adoption Of An Ordinance For Accessory Dwelling Units (ADUs) In Compliance With State Law – Presentation by Steven Ayres, Principal Planner

Staff is requesting City Council approval of Alternative No. 1 to introduce the attached Ordinance approving a categorical exemption per the California Environmental Quality Act (CEQA) and approving Code Amendment No. 22-06 to amend the Fountain Valley Municipal Code (FVMC) Section 21.08.055 for accessory dwelling units.

ADMINISTRATIVE ITEMS

8. Award of Contract to Allegra Consulting, Inc. for Professional Services – Presentation by Matt Jenkins, Senior Planner Page 162
Alternative No. 1: Approve the contract for Allegra Consulting, Inc. for Professional Services for the Crossings Branding Project.

9. Adopt a Resolution to effect certain changes to the City’s Master Salary Schedule in conformance with Title 2 of the California Code of Regulations section 570.5 and the California Public Employees’ Retirement System – Presentation Carrie Hanes, Human Resources Director Page 216
Staff recommends the City Council approve the proposed Alternative No. 1, by adopting the attached Resolution, which amends the City’s Salary Schedule to reflect these changes.

10. Accept proposals & award $1,454,514.79 contract to PlayPower for Universally Accessible Playground for Recreation Ctr & Sports Park construction. Accept $116,290 Interwest proposal & issue PO. Approve Interwest Amendment 1 to CON 21-72 for $400,000 – Presentation by Rob Frizzelle, community Services Director Page 229
It is recommended that the City Council approve Alternative No. 1, which is to:
1) Accept the proposals and award a contract to PlayPower LT Farmington, Inc. in the amount of $1,454,514.79 for the construction of a Universally Accessible Playground for the Recreation Center & Sports Park.
2) Accept a fee proposal from Interwest Consulting Group, Inc. for $116,290, and authorize Staff to issue a Purchase Order to encumber the on-call contract. 3) Approve Amendment No. 1 to the Interwest Consulting Group, Inc. As-Needed On-Call Construction Management and Inspection Services CON 21-72 (Munis CON 1142) in the amount of $400,000.

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 February 7, 2023 at 6:00 p.m., in the Fountain Valley Council Chambers, 10200 Slater Avenue, Fountain Valley.

MINUTES OF THE

CITY COUNCIL/ SUCCESSOR AGENCY TO THE FOUNTAIN

VALLEY AGENCY

FOR COMMUNITY DEVELOPMENT/ FOUNTAIN VALLEY

HOUSING AUTHORITY
Closed Session 5:00 p.m.

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

Tuesday, December 20, 2022
Council Chambers

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

PUBLIC COMMENTS (Closed Session matters only)
 CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: 17101 Bushard Agency Negotiator: Maggie Le, City Manager; Omar Dadabhoy, Community Development Director/Deputy City Manager; Ryan Smith, Finance Director; Colin Burns, Attorney for the City. Negotiating Parties: Henry Kim Raeburn Trust The BSK Family Trust: Price and terms of payment
No Reportable Action

STUDY SESSION
CALL TO ORDER 5:45 p.m.

PUBLIC COMMENTS (Study Session matters only)

1. Recap of the 3 Festivals and Community Services Events put on this year – Presentation by Rob Frizzelle, Community Services Director

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

INVOCATION Rabbi Stephen Einstein
SALUTE TO THE FLAG Council Member Jim Cunneen

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

ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS

There were no announcements

CITY MANAGER / MAYOR UPDATES
City Manager Maggie Le reminded everyone that the Commission and Committee Applications are still being accepted and that City Hall would be closed from December 26 through December 30th. Mayor Constantine provided an update on the construction process of the bridges in Fountain Valley, the winter dance would be January 4th and the Lunar New Year lunch will happen on January 24th.

PRESENTATIONS
 Orange County Business Council’s 12th Annual Turning Red Tape - Presentation by Connor Medina
Connor Medina informed the council and the public of the Orange County Business Councils 12th Annual Turning Red Tape Event.
 Retirement Proclamation presented to Fire Chief Ron Cookston Mayor Constantine presented Fire Chief Ron Cookston with his Retirement Proclamation

FIRST CITY COUNCIL/ SUCCESSOR AGENCY/ HOUSING AUTHORITY/ PUBLIC COMMENTS (Unscheduled Matters Only)
Carol Cole, Paul Gray, Hugh McIntyre, Katy Wright

CONSENT CALENDAR
Consent Calendar Items 1 – 10 were approved simultaneously.

1. Waive the reading in full of all ordinances under consideration and direct the Mayor to read by titles only.

ACTION: Move to Waive the reading in full of all ordinances under consideration and direct the Mayor to read by titles only.

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

2. Receive and File the Draft Minutes of the December 6, 2022 Regular City Council meeting ACTION: Move to Receive and File the Draft Minutes of the December 6, 2022 Regular City Council meeting

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

3. Housing Successor Annual Report
ACTION: Move to Approve the Housing Successor Annual Report MOTION: Grandis SECOND: Cunneen
AYES: Bui, Cunneen, Grandis, Constantine
NOES: None
ABSENT: Harper
ABSTAIN: None

4. Request to Destroy Records from the Fire Department and Finance Department ACTION: Move to Approve the Request to Destroy Records from the Fire Department and Finance Department
MOTION: Grandis SECOND: Cunneen
AYES: Bui, Cunneen, Grandis, Constantine
NOES: None
ABSENT: Harper
ABSTAIN: None

5. Request to Destroy Police Department Records
ACTION: Move to Approve the Request to Destroy Records from the Police Department MOTION: Grandis SECOND: Cunneen
AYES: Bui, Cunneen, Grandis, Constantine
NOES: None
ABSENT: Harper
ABSTAIN: None

6. Accept initial payment in the amount of $30,478.79 from the National Opioid Settlement; then 1) Allocate $20,000 over 18 years to provide school-based interventions and training to school staff

ACTION: Move to Approve Accept initial payment in the amount of $30,478.79 from the National Opioid Settlement; then 1) Allocate $20,000 over 18 years to provide school-based interventions and training to school staff MOTION: Grandis SECOND: Cunneen
AYES: Bui, Cunneen, Grandis, Constantine
NOES: None
ABSENT: Harper
ABSTAIN: None

7. Proposed Last and Final Recognized Obligation Payment Schedule and Administrative Budget for Fiscal Year 2023-24 through 2026-27
ACTION: Move to Approve Accept initial payment in the amount of $30,478.79 from the National Opioid Settlement; then 1) Allocate $20,000 over 18 years to provide school-based interventions and training to school staff MOTION: Grandis SECOND: Cunneen
AYES: Bui, Cunneen, Grandis, Constantine
NOES: None
ABSENT: Harper
ABSTAIN: None

8. Accept the Parcel Map No. 2016-113 for the Property Located at 10382 Avenida Cinco De Mayo
ACTION: Move to Accept the Parcel Map No. 2016-113 for the Property Located at 10382 Avenida Cinco De Mayo
MOTION: Grandis SECOND: Cunneen
AYES: Bui, Cunneen, Grandis, Constantine
NOES: None
ABSENT: Harper
ABSTAIN: None

9. Adopt the Measure M2 Expenditure Report for the Fiscal Year 2021-22 ACTION: Move to Adopt the Measure M2 Expenditure Report for the Fiscal Year 2021-22 MOTION: Grandis SECOND: Cunneen

AYES: Bui, Cunneen, Grandis, Constantine
NOES: None
ABSENT: Harper
ABSTAIN: None

10. Amend FY 22/23 Water Fund budget for $35,000 for Project No. 5002254007, Chlorine Generators; authorize staff to issue purchase order (PO) for $109,968 to De Nora Water Technologies, LLC and to issue a PO for $25,000 to Tess Electric Inc.

ACTION: Move to Amend FY 22/23 Water Fund budget for $35,000 for Project No. 5002254007, Chlorine Generators; authorize staff to issue purchase order (PO) for $109,968 to De Nora Water Technologies, LLC and to issue a PO for $25,000 to Tess Electric Inc.

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

PUBLIC HEARING

11. Adoption of an Urgency Ordinance of the City Of Fountain Valley Amending Section 21.08.055 Standards for Accessory Dwelling Units
Public Hearing Opened: 6:57 PM
Public Comment – JC Tridecki
Public Hearing Closed – 6:59 p.m.

ACTION: Move to Adopt an Urgency Ordinance of the City Of Fountain Valley Amending Section

21.08.055 Standards for Accessory Dwelling Units
MOTION: Grandis SECOND: Bui
AYES: Bui, Cunneen, Grandis, Constantine
NOES: None
ABSENT: Harper
ABSTAIN: None

ADMINISTRATIVE ITEMS

12. Accept proposal & award contract to Crosstown Electrical & Data Inc for $150,000/ year for two-year term for On-Call & As-Needed fiber optic system integration and repair services.

Amend FY 22/23 Budget for $131,200. Amend 3 budgets each for $43,734.

ACTION: Move to Accept proposal & award contract to Crosstown Electrical & Data Inc for $150,000/ year for two-year term for On-Call & As-Needed fiber optic system integration and repair services. Amend FY 22/23 Budget for $131,200. Amend 3 budgets each for $43,734.

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

13. City of Fountain Valley Six Month Strategic Objectives Adoption For November 17, 2022 through May 11, 2023
ACTION: Move to Approve the City of Fountain Valley Six Month Strategic Objectives Adoption For November 17, 2022 through May 11, 2023
MOTION: Grandis SECOND: Bui
AYES: Bui, Cunneen, Grandis, Constantine
NOES: None
ABSENT: Harper
ABSTAIN: None

APPOINTMENTS

14. Mayoral Appointments of Council Members and Staff to Outside Committees Mayor Constantine provided the list for City Council Members assignments to outside committees and commission, which is available for review at the City Clerk’s office.

The list was approved by acclamation.

COUNCIL MEMBER ITEMS FOR FUTURE CONSIDERATION
There were none

CITY COUNCIL/ SUCCESSOR AGENCY/ HOUSING AUTHORITY/ PUBLIC COMMENTS (Unscheduled Matters Only)
JC Chernicky
CITY COUNCIL/SUCCESSOR AGENCY/HOUSING AUTHORITY AB 1234/GENERAL COMMENTS Council Member Bui
December 7 Attended the Manufactured Housing Education Trust December 10 Attended An Eagle Scout Award ceremony and Supervisor Do Christmas Opening December 11 Attended the Swearing in ceremony of Janet Wilson December 13 Attended the Rotary Most Improved Student event and the Retirement event of Bryan McKay and Time Kersey
December 14 Attended the employee event awards and the open House at the Orange County Supervisors
December 15 Attended the OC Waste Management meeting and the swearing in of the 3 school board trustees
December 16 Attended the Chamber of Commerce installation lunch December 20 Attended an event at Tamar Elementary
Council Member Cunneen
December 10 Attended the Annual Christmas in the Gazebo event December 12 Attended the Fountain Valley Rotary Club Most Improved Student Awards December 13 Attended a tour of the city with City Manager Maggie Le December 19 Visited the Republic Services Facility in Huntington Beach Mayor Pro Tem Grandis
December 8 Attended the Kiwanis Board Meeting, the Boys and Girls Club of Huntington Valley Christmas Party and the Chamber Network at the Sports basement December 10 Attended the Christmas in the Gazebo and the Boy Scout Troop 412 Civic Merit Badge
December 11 Attended the Los Alamitos Joint Forces Training Center for a Feed the Troops event
December 13 Attended the Kiwanis meeting to thank volunteers who helped for the Feed the Troops event, attended the retirement ceremony for Bryan McKay and Tim Kersey and the Summerfest Committee meeting
December 14 Attended the Employee Service Awards and the OC Board of Supervisors Holiday Open House
December 15 Attended the Orangewood Home Kids Bowling event, participated in the new voting module training at City Hall, Community Coffee with Supervisor Do, the Community Foundation holiday event and the Boys and Girls Club Board of Directors Holiday event
December 16 Attended the Chamber holiday lunch, the Kiwanis Holiday party and the DUI Checkpoint
December 20 Attended the retirement celebration for Fire Chief Ron Cookston and the Finance Ad-Hoc Committee

Mayor Constantine
December 7 Attended the annual MHET Holiday Luncheon at the Avenue of the Arts Hotel in Costa Mesa, then the HCD Meeting at City Hall.

December 8 Attended a memorial for a local school principal, then the FV Chamber of Commerce Network at Night Mixer at Sports Basement.

December 10 Attended the Christmas Concert at Freedom Hall.

December 13 Attended the “Most Improved Student” Rotary Meeting at the Senior Center, then the Holiday Luncheon at the Senior Center, and the Retirement Goodbye for Battalion Chief Brian McKay and Tim Kersey.

December 14 Attended the Employee Holiday Luncheon at the Senior Center, the Measure HH Meeting at City Hall, then watched the Planning Commission Meeting on the City’s website.

December 15 Participated in the OC Mosquito and Vector Control Meeting on Zoom, then participated in the Voting Module Training at City Hall, attended the FVCF Social at the Senior Center, then attended the Coffee with OC Board of Supervisor Andrew Do also at the Senior Center.

December 20 Watched the OC Board of Supervisors Meeting on the County’s website.

Council Member Harper
No Report as Council Member Harper was absent

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

AUTHORITY

Mayor Constantine adjourned the meeting at 7:38 pm to the next Meeting of the Fountain Valley City Council on January 20, 2023 at 6:00 p.m., in the Fountain Valley Council Chambers, 10200 Slater Avenue, Fountain Valley.
________________________________________________________________________________________________________________________________ Kim Constantine, Mayor
Attest:
___________________________
Rick Miller, City Clerk

CITY OF FOUNTAIN VALLEY

CITY COUNCIL

COUNCIL ACTION REQUEST
To: Honorable Mayor and Agenda Date: January 17, 2023
Members of the City Council
SUBJECT: City of Fountain Valley Six Month Strategic Objectives Update for November 17, 2022 through May 11, 2023
Three-Year Strategic Goals
☒ Enhance the culture and environment of “A Nice Place to Live” ☒ Attract and retain revenue producing businesses and opportunities ☒ Achieve fiscal stability in accordance with the 20-Year Financial Plan ☒ Attract and retain quality staff
☐ Not applicable
EXECUTIVE SUMMARY:

On November 17, 2022, the City Council held a strategic planning session to help clearly define the goals and priorities of the City in which a finalized Six Month Strategic Objectives Matrix for November 17, 2022 through May 11, 2023 has been prepared for adoption. This report is the first monthly update as to the progress staff has made towards accomplishing the objectives. The City Council will be updated monthly with the ongoing progress and status of all the items on the Strategic Plan.

DISCUSSION:

During the city’s strategic planning session on November 17, 2022, the City Council, management and staff in attendance reviewed the previously established mission statement, three year goals and six-month strategic planning objectives. The strategic plan has and will continue to serve as a guideline for both the council and staff as we work to achieve our goals over the next few years.

Our strategic planning efforts reconfirmed the existing city mission statement that states; “The City of Fountain Valley delivers cost-effective quality public services to provide a safe and desirable community that enriches its residents and businesses.” The three year goals established by City Council in 2020 were reviewed and discussion occurred to determine what the next three year goals should be.

Six Month Strategic Objectives
January 17, 2023

The recommended 2020 - 2023 goals are:
o Maintain the culture and environment of “A Nice Place to Live” o Attract and retain revenue producing businesses and opportunities o Achieve fiscal stability in accordance with the 20-Year Financial Plan o Attract and retain quality staff
During the November 17, 2022 Strategic Planning Retreat six-month objectives were established in support of these goals. These objectives and staff’s progress toward achieving them are attached for your reference under Attachment No. 1.

FINANCIAL REVIEW:

There are no financial impacts related to this update.

ATTORNEY REVIEW:

City Attorney review was not necessary for this item.

ALTERNATIVES:

Alternative No. 1: Receive and File the updated Six-Month Strategic Objectives Matrix for November 17, 2022 through May 18, 2023
Alternative No. 2: Direct staff to take an alternate action.

RECOMMENDATION:

Staff recommends that the City Council Receive and File the Six Month Strategic Objectives matrix for November 17, 2022 through May 11, 2023.

Prepared By: Rick Miller, City Clerk
Approved By: Maggie Le, City Manager
Attachment 1: Updated Six Month Strategic Objectives Matrix for November 17, 2022 through May 11, 2023

A

C I T Y O F F O U N T A I N V A L L E Y

SIX-MONTH STRATEGIC OBJECTIVES
N o v e m b e r 1 7 , 2 0 2 2 – M a y 1 1 , 2 0 2 3
THREE-YEAR GOAL: ENHANCE THE CULTURE AND ENVIRONMENT OF “A NICE PLACE TO LIVE”

WHEN WHO WHAT STATUS COMMENTS

DONE ON
TARGET
REVISE
D
BUDGET

1. By February 7,
2023, City
Council meeting
City Clerk-lead, Community
Services Director, and IT
Manager
Develop and make available to the public, a survey to
gauge if Fountain Valley is “A Nice Place to Live.”
Future Strategic Planning goals will include the actual dissemination of the survey to determine the public’s
perception of the City, identify issues in need of
improvement and implement programs to make
Fountain Valley “A Nice Place to Live”.

N/A

2. By February 21,
2023, City
Council meeting
Police Chief-lead, Community
Services Director, Community
Development Director
Design and present to the City Council, a publication
that identifies a focused approach to support a
continuum of care and crisis support for the unhoused
population in Fountain Valley.

Success for this objective will be the creation of a
publication that informs the public how the City
provides a consistent well-developed approach to
assisting our unhoused population
N/A

3. By March 23,
2023, City
Council meeting
Community Services Director Develop and present to the City manager, a unified messaging platform for the City to help brand public
facing information and reinforce “one voice” from the
City.
$12,000
to
$35,000

B
THREE-YEAR GOAL: ATTRACT AND RETAIN REVENUE PRODUCING BUSINESSES AND

OPPORTUNITIES

WHEN WHO WHAT STATUS COMMENTS

DONE ON
TARGET
REVISE
D
BUDGET

1. By March 21, 2023.

City Council meeting
Community
Development
Director-lead, IT
Manager, Public
Works Director
Create a survey for the business community that will
identify their technology needs and identify opportunities for supporting the business community through the
provision of fiber optic cabling. This survey to be utilized in the site visits outlined in Objective 2.

N/A

2. By March 21, 2023
with updates provided
in City Council
Communicator
Community
Development
Director-lead, IT
Manager
Conduct site visits to one business park and two shopping centers, surveying businesses on their needs, including technology, and focus on building relationships.

N/A

3. By April 4, 2023. City
Council meeting
Finance Directorlead, Community
Development
Director, IT Manager
Evaluate the business license process identifying if online renewals and payments are possible.

N/A

4..

By April 18, 2023, City
Council meeting
Community
Development Director
Complete and present Economic Development plan
update.

In current
budget

C
THREE-YEAR GOAL: ACHIEVE FISCAL STABILITY IN ACCORDANCE WITH THE 20-YEAR FINANCIAL PLAN

WHEN WHO WHAT STATUS COMMENTS

DONE ON
TARGET
REVISE
D
BUDGE
T

1. By March 21, 2023,
City Council meeting
Finance Director-lead
and Public Works
Director
Identify facilities in need of major repair or replacement and place in a newly created Fund.

TBD

2. January 17, 2023,
City Council meeting
Finance Director Establish a process and methodology for presenting the 20-year fiscal plan to the City Council and community. X N/A To be presented at
the joint City
Council/Measure
HH Committee
meeting in
February.

3. May 5, 2023, City
Council meeting
Finance Directorlead, Community
Development
Director, Public
Works Director,
Community Services
Director
Create an RFP for a Fees and Services study to ensure
fees continue to represent the true cost of providing
services.

N/A

D
THREE-YEAR GOAL: ATTRACT AND RETAIN QUALITY STAFF

WHEN WHO WHAT STATUS COMMENTS

DONE ON
TARGE
T
REVIS
ED
BUDGET

1. By January 17,
2023, City
Council
meeting
City Attorney-lead
and HR Director
Create a process/protocol and platform for employees to bring forward issues related to comments/social media posts made by members of the legislative bodies regarding staff.

X N/A Attorney for the City to
email a memo to City
Council before 1/17/23.

2. By February
21, 2023, City
Council
Meeting
Cross City Committee
with
Oversite/Assistance
From Fire Chief and
HR Director
Present results from Engagement Team – Increase
Engagement of staff for teambuilding, equity, inclusion, retention, and morale.
$25,000 Council to perhaps
provide a budget for
future initiatives, or
potential next FY
budgeted items

3. By March 21,
2023, City
Council
meeting
HR Director-lead,
Community Services
Director, Police Chief,
Public Works
Director, Fire Chief
Staff to identify creative solutions and options to address the current trends in workforce and labor market that are having a negative impact on recruitment and retention efforts.

N/A Ideas for consideration
that may have a fiscal
impact, perhaps a
budget provided for
initiatives

4. By May 2,
2023, City
Council
meeting
PW Director-lead,
Community Services
Director, HR Director,
Police Chief, and IT
Manager
Present to City Council suggested improvements to the
hiring and on-boarding process.
$10,000/annu
ally
NeoGov OnBoard
Platform

CITY OF FOUNTAIN VALLEY

CITY COUNCIL

COUNCIL ACTION REQUEST
To: Honorable Mayor and Agenda Date: January 17, 2023
Members of the City Council
SUBJECT: Highway Safety Improvement Program (HSIP) for Traffic Signal Modification Improvements for Eight (8) Intersections
1) Accept a Fee Proposal from PSOMAS, Inc. for $47,000 for continued Construction Engineering/Management and Inspection Services and authorize Staff to issue a Purchase Order to encumber the PSOMAS As-Needed On-Call Construction Management and Inspection Services Contract; and, 2) Approve a budget amendment of the Fiscal Year 22/23 as stated in the staff report for Highway Safety Improvement Program (HSIP) for Traffic Signal Modification Improvements for Eight (8) Intersections, Project TI288.

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 December 2018, City staff successfully secured a $1,898,000 Federal Grant from the Highway Safety Improvement Program (HSIP) for Traffic Signal Modification Improvements Project at eight (8) intersections.

On June 16, 2020, City Council awarded engineering design services and HSIP Federal Grant assistance contract to AGA Engineers through a federally compliant Qualification Based Selection/competitive RFP process.

On August 18, 2021, the City received the official authorization to proceed with construction from the State and; therefore, authorizing the use of the grant funds for construction.

On November 15, 2021, staff released the Plans, Specifications, and Cost Estimate (PS&E) documents to PlanetBids for competitive bids for the construction of Traffic Signal Modification Improvements for Eight (8) Intersections, Project TI288.

The Federally funded projects require construction engineering/management and meticulous documentation reporting as part of the conditions of the grant. Since the Engineering division lacks

Highway Safety Improvement Program (HSIP) for Traffic Signal Modification Improvements for Eight (8) Intersections
January 17, 2023

sufficient staffing, Staff solicited proposals for construction engineering/management support services from the City’s approved As-Needed On-Call list of qualified consultants for as-needed construction management services. Staff solicited two (2) of the most qualified consultants whose expertise is in federally funded HSIP projects. Psomas ranked highest and best qualified based on their experience and expertise in federal grant projects requirements.

On December 14, 2021, the City received eight (8) construction bids and on January 18, 2022 the City Council:
 Accepted the bids and awarded a construction contract to the lowest responsible and qualified bidder, International Line Builders, Inc., in the amount of $2,112,932;  Approved the issuance of a Purchase Order to PSOMAS in the amount $207,504 for construction engineering/management and inspection services;  Approved Amendment No. 3 for AGA Engineers (CON 20-31) in the amount of $16,912 to continue providing engineering support services during construction; and,  Approved a budget amendment for $596,790 to close the budget gap for this project as follows:
o General Fund: $389,286;
o Measure M Fund: $38,504 and
o OCTA Cost Sharing for Magnolia Ave/Slater Street: $169,000 o These funds were approved with the intent that staff would pursue additional Federal Grand funding in the future.

City Staff immediately pursued additional Grant Funding with expert help from the PSOMAS Construction Management team. On May 19, 2022, the City successfully secured an additional $675,225 allocation of Federal Grant funding.

Over the course of the project, delays were encountered due to unusually long lead times for acquiring major equipment including traffic signal poles, traffic signal pole fountain materials, project scope adjustments due to changes in field conditions and, field modifications of project equipment due to unforeseen underground utility conflicts, etc. As a result, additional construction management and inspection resources were required; therefore, PSOMAS submitted a proposal for $47,000 to continue to provide Construction Management and Inspection services to help the City complete the project including all reporting, documentation, and inspections required as part of the Federal Grant. The project is anticipated to be complete by April 2023.

Staff recommends that the City Council:
1) Accept a Fee Proposal from PSOMAS, Inc. for $47,000 for continued Construction Engineering/Management and Inspection Services and authorize Staff to issue a Purchase Order to encumber the PSOMAS As-Needed On-Call Construction Management and Inspection Services Contract; and,
2) Approve a budget amendment of the Fiscal Year 22/23 as stated in the staff report for Highway Safety Improvement Program (HSIP) for Traffic Signal Modification Improvements for Eight (8) Intersections, Project TI288.

DISCUSSION:

On December 20, 2018, the City was awarded a $1,898,000 Federal Grant from the Federal Highway Safety Improvement Program (HSIP) for Traffic Signal Modification Improvements at eight (8) intersections, Project TI288.

Highway Safety Improvement Program (HSIP) for Traffic Signal Modification Improvements for Eight (8) Intersections
January 17, 2023

The Traffic Signal Modification Improvements at Eight (8) Intersections are at the following locations:
 Edinger Avenue at Ward Street
 Brookhurst Street at Heil Avenue
 Harbor Boulevard at Lilac Avenue
 Euclid Street at Slater Avenue
 Warner Avenue at Los Jardines West
 Ellis Avenue at Bushard Street
 Ellis Avenue at Ward Street
 Magnolia Street at Slater Avenue*
*Note: Magnolia Street at Slater Avenue traffic signal improvement overlaps with OC 405 impact improvements. OCTA agreed to share the cost of the improvement at this location instead of doing a separate project. The city’s project has a more substantial scope of work.

The traffic signal improvements include conversion of permissive left to protected left-turn operations, traffic phasing, signal equipment including signal poles and mast arms, signal indicators, channelization, striping, and signal timing. These traffic signal improvements will enhance safety with improvements to driver visibility, sight distance, and reduce traffic delays.

On June 16, 2020, City Council awarded engineering design services and HSIP Federal Grant assistance contract to AGA Engineers through a federally compliant Qualification Based Selection/competitive RFP process.

On August 18, 2021, the City received official authorization from the State to proceed with Construction.

On November 15, 2021, staff released the Plans, Specifications, and Cost Estimate (PS&E) documents for public bidding for the construction of Traffic Signal Modification Improvements for Eight (8) Intersections, Project TI288.

On December 14, 2021, the City received the following eight (8) bids:

Contractor Total Bid Amount__________

1. International Line Builders, Inc. $2,112,932.00

2. Comet Electric, Inc. $2,220,097.00

3. Alfaro Communications Construction, Inc $2,289,000.00

4. Crosstown Electric & Data, Inc. $2,340,420.00

5. PTM General Engineering Services $2,343,034.00

6. Asplundh Construction, LLC $2,399,926.19

7. Elecnor Belco Electric, Inc. $2,419,000.00

8. California Professional Construction, LLC $2,666,746.00 Engineer’s Estimate $1,771,200.00
International Line Builders, Inc. submitted the lowest responsible bid for $2,112,932 per the City’s contract requirements and project specifications. Due to the increase in commodity price for construction material, the bid is 19.3% higher than the Engineer’s Estimate. They have completed similar projects for other cities in Southern California, and have proven to be a reliable contractor.

Highway Safety Improvement Program (HSIP) for Traffic Signal Modification Improvements for Eight (8) Intersections
January 17, 2023

Due to the city’s large capital project workload and the immense guidelines for federal grant procedures and requirements, the Engineering Division does not have sufficient staffing to manage the construction, inspection, and Federal compliance documents processing of this project magnitude at this time. Therefore, Staff requested proposals from two (2) different firms for construction management services from the City’s approved on-call list of qualified consultants for as-needed construction management and inspection services. The City received two (2) proposals: one (1) from Onward and another from Psomas. After conducting interviews and a careful evaluation, Psomas ranked highest and best qualified based on their experience and vast expertise in federal grant projects and regulations.

On December 14, 2021, the City received eight (8) construction bids and on January 18, 2022, the City Council:
 Accepted the bids and awarded a construction contract to the lowest responsible and qualified bidder, International Line Builders, Inc., in the amount of $2,112,932;  Approved the issuance of a Purchase Order to PSOMAS in the amount $207,504 for construction engineering/management and inspection services;  Approved Amendment No. 3 for AGA Engineers (CON 20-31) in the amount of $16,912 to continue providing engineering support services during construction; and,  Approved a budget amendment in the amount of $596,790 to close the budget gap for this project where funding sources included General Fund in the amount of $389,286; Measure M in the amount of $38,504 and $169,000 from OCTA for Cost sharing for Magnolia/Slater. These funds were approved with the intent that staff would pursue additional Federal Grand funding in the future.

Over the course of the project, delays were encountered due to unusually long lead times of acquiring major equipment including traffic signal poles, traffic signal pole fountain materials, project scope adjustments due to change in field conditions, and, field modifications of project equipment due to unforeseen underground utility conflicts, etc. As a result, additional Construction Management and Inspection resources were required; therefore, PSOMAS submitted a proposal for $47,000 to continue to provide Construction Management and Inspection services to help the City complete the project including all reporting, documentation, and inspections required as part of the Federal Grant. The project is anticipated to be completed by April 2023.

FISCAL REVIEW:

Approved Budget
Funding Source
FY 2021/22
Approved Budget
Federal Grant Allocation (Dec 2018) $1,898,000
Measure M Funds* $332,380
General Fund Supplement* $389,286
OCTA Cost Sharing for Magnolia/Slater via MOU $169,000
Project Budget $2,788,666
*These funding appropriations were approved by the City Council with the intent that City Staff would pursue additional Federal Funding.

Highway Safety Improvement Program (HSIP) for Traffic Signal Modification Improvements for Eight (8) Intersections
January 17, 2023

Project Costs TI288
Items Project Costs
% of
Project
Costs
IDC Consultants* (Federal Peer Review/DBE/Local Assistance) (Measure M)**** $ 20,000 0.7%
AGA Contract** (Design & Construction Submittal Review) $ 199,791 7.0% Amendment No. 3 to AGA Engineers*** $ 16,912 0.6%
Staff Time $ 37,000 1.30%
Construction Management Services PSOMAS**** (Measure M)*** $ 207,504 7.3% Additional Construction Management Services PSOMAS
P.O.**** $47,000 1.7%
Construction Contract International Line Builders (portion funded by Measure M = $104,876)*** $ 2,112,932 74.0%
10% Contingency*** $ 211,293 7.4%
Total Anticipated Project Costs $ 2,852,432 100.0 %
*Approved by City Manager on June 16, 2020
**Approved by Council on June 16, 2020
***Approved by Council on January 18, 2022
****Not Eligible for Federal Funds (Paid by Measure M and General Funds) City Staff pursued additional Grant Funding and with the expert help of the PSOMAS Construction Management team, the City successfully secured $675,225 additional allocation of Federal Grant funding where the City received notification from the State on May 19, 2022; therefore, the majority of the funds that were initially approved by the City Council can be transferred back to their respective Fund accounts (i.e. General Fund and Measure M.)
Amended Proposed Budget (Includes additional $675,225 Federal Grant Funding) Funding Source
FY 2021/22
Approved Budget
FY 2022/23
Amended
proposed Budget
Proposed
transfer back to
respective fund
Original Federal Grant Allocation
(Dec 2018) $1,898,000 $1,898,000 $0
Additional Federal Grant
Allocation (May 2022) N/A $675,225 $0
Measure M Funds $332,380 $56,628.50 $275,751.50
General Fund Supplement $389,286 $56,628.50 $332,657.50 OCTA Cost Sharing for
Magnolia/Slater via MOU* $169,000 $165,950* $0
Project Budget $2,788,666 $2,852,432 N/A
*This funding amount has been adjusted to reflect the finalized MOU with OCTA.

Highway Safety Improvement Program (HSIP) for Traffic Signal Modification Improvements for Eight (8) Intersections
January 17, 2023

It should be noted that, as in all of the City's Public Works contracts, the contract itself provides the Director of Public Works authority to issue change orders of up to 10% of the original contract amount.

When the Council approves the contract, it approves this authority. Ten percent (10%) is generally considered within the normal range of changed conditions on a public works construction project and, by providing change order authority upfront, Council helps reduce the possibility of delay damages that could be incurred when a contractor must stop work and wait for authorization to proceed.

PUBLIC NOTIFICATION:

Not applicable.

ENVIRONMENTAL IMPACT REVIEW:

Not applicable.

ATTORNEY REVIEW:

Legal Review for the Psomas contract for construction management services has already been executed previously*
*City Council and the Attorney for the City approved the As-needed Construction Management and Inspection Services Contract for Psomas in the amount not to exceed $400,000 for the on-call list on October 5, 2021. These contract is effective for a three-year term.

ALTERNATIVES:

Alternative No. 1:
1) Accept a Fee Proposal from PSOMAS, Inc. in the amount of $47,000 for continued Construction Engineering/Management and Inspection Services and authorize Staff to issue a Purchase Order to encumber the PSOMAS As-Needed On-Call Construction Management and Inspection Services Contract; and,
2) Approve a budget amendment of the Fiscal Year 22/23 as stated in the staff report for Highway Safety Improvement Program (HSIP) for Traffic Signal Modification Improvements for Eight (8) Intersections, Project TI288.

This is the recommended action.

Alternative No. 2:
1) Do not Accept a Fee Proposal from PSOMAS, Inc. in the amount of $47,000 for continued Construction Engineering/Management and Inspection Services and do not authorize Staff to issue a Purchase Order to encumber the PSOMAS As-Needed On-Call Construction Management and Inspection Services Contract; and,
2) Do not Approve a budget amendment of the Fiscal Year 22/23 as stated in the staff report for Highway Safety Improvement Program (HSIP) for Traffic Signal Modification Improvements for Eight (8) Intersections, Project TI288.

This is not the recommended action as this option may risk forfeiture of the city’s allocation of the City’s approved HSIP Grant Funding in the amount of $2,573,225.

RECOMMENDATION:

Staff recommends that the City Council approve Alternative No. 1, which is to

Highway Safety Improvement Program (HSIP) for Traffic Signal Modification Improvements for Eight (8) Intersections
January 17, 2023

1) Accept a Fee Proposal from PSOMAS, Inc. in the amount of $47,000 for continued Construction Engineering/Management and Inspection Services and authorize Staff to issue a Purchase Order to encumber the PSOMAS As-Needed On-Call Construction Management and Inspection Services Contract; and,
2) Approve a budget amendment of the Fiscal Year 22/23 as stated in the Staff Report for Highway Safety Improvement Program (HSIP) for Traffic Signal Modification Improvements for Eight (8) Intersections, Project TI288. This is the recommended action.

Prepared by: Terri Phan, Management Aide
Recommended by: Kyle Hilton, Associate Engineer / Project Manager Reviewed by: Temo Galvez, Deputy Public Works Director / City Engineer Approved by: Hye Jin Lee, Director of Public Works
Fiscal review by: Ryan Smith, Finance Director / City Treasurer Approved by: Maggie Le, City Manager
Attachment 1: Executed PSOMAS CON 21-71
Attachment 2: Psomas Proposal

3 Hutton Centre Drive
Suite 200
Santa Ana, CA 92707-8794
Tel 714.751.7373
Fax 714.545.8883
www.Psomas.com
January 4, 2023
Temo Galvez, PE
Deputy Public Works Director / City Engineer
City of Fountain Valley
10200 Slater Avenue
Fountain Valley, CA 92708
Subject: Psomas HISP TI288 CM Budget – Request for Additional Funding Dear: Temo,
Psomas has been pleased to provide services to deliver the HSIP project to the City of Fountain Valley, but due to a number of circumstances beyond our control, the project CM budget requires additional funding to complete the project.

Following is a detailed breakdown of the CM expenses that could not be contained within the allocated funding of $207K.

1. The project duration, between award and construction, extended over a year with constant communication required daily.

2. We experienced multiple locations with multiple utility conflicts that required changes in the field and design, including additional field inspection and change orders.

3. With the contractor ILB changing the dewatering method to steel casing (left in place), Psomas was required to hire a structural engineer to evaluate the ILB proposal at an additional cost of $5,200.

4. The steel casing required Psomas sub-consultant ZTC (for source inspection) to review casing manufacture, welding, Buy America compliance, etc. at an additional cost of $5,000.

5. Caltrans and FHWA audit and additional information submittals required 30 additional hours to properly respond to their requests.

6. Caltrans audit for concrete sampling and testing resulted in taking concrete sampling and testing at every foundation location at an additional cost of $8,000

7. The current total for change orders is close to $200,000 and the effort to negotiate, draft, and execute the change orders processed has required over $8,000 in additional work.

8. Caltrans document audits for Labor Compliance, DBE compliance, Pre-Construction and Mid-Construction reports added additional unexpected time.

9. The remaining work includes 3 months of traffic signal installations, cabling, cabinet work, ADA ramp installations, sidewalk concrete, and pavement striping work will need consistent inspection.

10. Multiple progress payments and reimbursement requests from Caltrans are still outstanding

11. Final close out and Caltrans audit for the final documentation is still outstanding.

Mr. Temo Galvez, PE

January 4, 2023
Psomas HISP TI288 CM Budget
Psomas has diligently worked with Caltrans Local Assistance Program Management and FHWA, and were instrumental in obtaining additional funding of $675,225.20 from Caltrans, to cover the difference between the engineers estimate and low bidder. Moving forward, Psomas will work with Caltrans Local Assistance Engineer to get the city reimbursed for the additional cost incurred for the project change orders ($200K) and deliver this project within scope, schedule, and budget.

With the above extra work and additional administrative/inspection needs for the remaining work Psomas respectfully requests an amendment of $47,000 be added to the CM contract. Psomas will continue to work to reduce costs, and will return unused funds to the City.

Sincerely,
Brett Barnett, PE, CCM
Vice President
cc: Project Files

CITY OF FOUNTAIN VALLEY

CITY COUNCIL

COUNCIL ACTION REQUEST
To: Honorable Mayor and Agenda Date: January 17, 2023
Members of the City Council
SUBJECT: Award of contract to Phil Martin & Associates, Inc. to provide environmental services for a 15-lot subdivision located at 8572 Talbert Avenue
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
Chris Segesman on behalf of Bonanni Development Company has submitted a request to construct fifteen (15) detached single-family homes on a 1.41-acre property located at 8572 Talbert Avenue (currently owned by the Courreges family). One (1) single-story residential home and a smaller detached garage currently occupy the site. The proposed residential units will range from 1,850 to 2,240 square feet in size with associated hardscape and landscape features. The project will include a zone change, tentative tract map, precise plan, conditional use permit, and an environmental review.

Pursuant to the provisions of the California Environmental Quality Act (CEQA), an environmental assessment must be conducted to identify the potential environmental impacts associated with the proposed project before the Planning Commission and City Council consider the project.

Staff had reviewed the proposals and, based on the scope of work and budget, selected Phil Martin & Associates to assist staff in the preparation and coordination of the required environmental documentation for the proposed project. However, as part of the Phase I report, the consultant was informed of a structure dating back to at least the early 1900s.

As such, a cultural resource study must be prepared to identify any cultural or historic significance of the structure. With the added cost, the contract would now be over the City Manager’s signing authority. The cost is solely burdened by the applicant and includes a 15% fee for City review of the environmental document and process.

DISCUSSION:

Chris Segesman on behalf of Bonanni Development Company has submitted a request to construct fifteen (15) detached single-family homes on a 1.41-acre property located at 8572 Talbert Avenue. One (1) single-story residential home and a smaller detached garage currently occupy the site.

Council Action Request
Contract with Phil Martin & Associates
City Council Meeting January 17, 2023

The project will have four (4) different plan types ranging from 1,850 to 2,240 square feet.

Each plan will have two elevation types displaying a farmhouse modern style. The project will feature two separate drives with the west drive accessing 7-homes and the east drive accessing 8-homes.

The current zoning classification is OP, Office-Professional with a General Plan land use designation of low-medium density residential. The project requires a zone change from R-1, Single-Family to GH, Garden Home to be consistent with the General Plan and to allow for the residential development. The Garden Home zoning district allows for smaller lots than the R-1 zone with a minimum lot size of 1,800 sq. ft. and allows for 10.8 dwelling units per acre. The proposed project has lots ranging from 3,202 square feet up to 4,454 square feet with a project density of 10.68 dwelling units per acre.

The proposed project will include a zone change, tentative tract map, precise plan, conditional use permit, and an environmental review. To assist staff with the environmental review process, staff requested a proposal from Phil Martin & Associates.

Staff has reviewed the proposal and, based on the scope of work and budget, recommends that the City Council award a contract to Phil Martin & Associates.

The proposal submitted by Phil Martin & Associates includes the preparation of a screen check draft Initial Study/MND, preparation and distribution of the staff approved Initial Study/MND, prepare responses to comments, and prepare a mitigation monitoring and reporting plan in accordance with the provision of the California Environmental Quality Act. The Phil Martin & Associates will also handle all public notices to appropriate agencies including consulting with Native American Tribes required by SB 18, attend and consult at public meetings, and file Notice of Determination and pay appropriate Fish and Game fees.

While the cost for the original contract was under the 50k maximum amount allowable for city manager approval, it was determined additional analysis would be necessary regarding the history of the site. Due to the age of the structure and the agricultural use of the property having a certain level of significance within the community, additional environmental review would be necessary as a part of the CEQA review process. The cost to prepare the cultural resource report and incorporate into the MND is an additional $7,300. This additional analysis will bring the total contract amount over the 50K limitation requiring City Council approval.

Phil Martin & Associates: $38,100.00
Addendum for Cultural Significance Report: $7,300.00
Total: $45,400.00
Project Total - (Total + 15% for staff review): $52,210.00 Based on the proposed scope of work and budget, staff recommends awarding a contract to Phil Martin & Associates for the proposed project.

Council Action Request
Contract with Phil Martin & Associates
City Council Meeting January 17, 2023

FISCAL REVIEW
The cost of services for the proposed contract with Phil Martin & Associates will not exceed $52,210. The project applicant shall pay the cost of the contract plus 15% for staff to review the proposed environmental documents.

PUBLIC NOTIFICATION:

Not Applicable.

ENVIRONMENTAL IMPACT REVIEW:

Not Applicable.

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

ALTERNATIVES
Alternative No. 1: Approve a contract to Phil Martin & Associates for planning and environmental services as specific in the attached scope of work.

Alternative No. 2: Do not award a contract to Phil Martin & Associates and direct staff to secure the services of another environmental consultant.

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

RECOMMENDATION:

Staff recommends Alternative No. 1: Approve a contract to Phil Martin & Associates for planning and environmental services as specific in the attached scope of work.

Prepared by: Matt Jenkins, Senior Planner
Reviewed by: Omar Dadabhoy, Deputy City Manager/Community Development Director
Procurement Review by: Amanda McCall, Mgmt. Analyst/ Purchasing Officer Fiscal review by: Ryan Smith, Finance Director
Approved by: Maggie Le, City Manager
Attachments: 1: Contract w/ Phil Martin Proposals

AGREEMENT FOR CONSULTANT SERVICES
CON – –
Phil Martin & Associates, Inc.

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

1. TERM
This AGREEMENT shall commence on January 18, 2023 (“EFFECTIVE DATE”) and remain and continue in effect until all tasks described herein are completed but in no event later than January 18, 2024, unless sooner terminated or extended pursuant to the provisions of this AGREEMENT.

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

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

4. PERFORMANCE
CONSULTANT shall always faithfully, competently, and to the best of his/her/its ability, experience, and talent perform all tasks described herein. CONSULTANT shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of CONSULTANT hereunder in meeting its obligations under this AGREEMENT.

5. CITY MANAGEMENT
The Director of Community Development or his designee shall represent CITY in all matters pertaining to the administration of this AGREEMENT, including review and approval of all products submitted by CONSULTANT, but not including the authority to enlarge the tasks to be performed or change the compensation due to CONSULTANT. The City Manager shall be authorized to act on CITY’S behalf and to execute all necessary documents that enlarge the tasks to be performed or change CONSULTANT's compensation, subject to Section 6 hereof.

Phil Martin Contract
8572 Talbert Ave

6. PAYMENT
(a) CITY agrees to pay CONSULTANT in accordance with the payment rates, terms, and schedule of payment set forth in Exhibit A. This amount shall not exceed Fifty Two Thousand Two-Hundred and Ten Dollars $52,210.00 (“TOTAL CONTRACT SUM”) for the total term of this AGREEMENT unless additional payment is approved as provided in this AGREEMENT. The total amount includes the 15% to compensate for staff’s review. (b) CONSULTANT shall not be compensated for any services rendered in connection with its performance of this AGREEMENT that are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. This written authorization requirement cannot be waived. CONSULTANT shall be compensated for any additional services in the amounts and in the manner as agreed to by the City Manager and CONSULTANT at the time CITY’s written authorization is given to CONSULTANT for the performance of said additional services. The City Manager’s authority to approve additional compensation is subject to Fountain Valley Municipal Code section

2.36.110. Approval of additional compensation that exceeds the City Manager’s authority as specified in Fountain Valley Municipal Code section 2.36.110 must be obtained from the City Council.

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

Phil Martin Contract
8572 Talbert Ave

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

8. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE (a) CITY may at any time, for any reason, with or without cause, suspend or terminate this AGREEMENT, or any portion hereof, by serving upon CONSULTANT, at least thirty (30) days prior, written notice. Upon receipt said notice, CONSULTANT shall immediately cease all work under this AGREEMENT, unless the notice provides otherwise.

If CITY suspends or terminates a portion of this AGREEMENT such suspension or termination shall not make void or invalidate the remainder of this AGREEMENT.

Phil Martin Contract
8572 Talbert Ave

(b) In the event this AGREEMENT is terminated pursuant to this section, CITY shall pay to CONSULTANT the actual value of the work performed up to the time of termination, if the work performed is of value to CITY. Upon termination of the AGREEMENT pursuant to this section, CONSULTANT will submit an invoice to CITY detailing work performed up to the time of termination.

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

10. OWNERSHIP OF DOCUMENTS
(a) CONSULTANT shall maintain complete and accurate records with respect to the plans, specifications, estimates, drawings, design calculations, letters, reports, testing results, and other such information including as-built records as required by CITY that relate to the performance of services under this AGREEMENT. CONSULTANT shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services.

All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. CONSULTANT shall provide free access to the representatives of CITY or its designees at reasonable times to such books and records; shall give CITY the right to examine and audit said books and records; shall permit CITY to make copies and transcripts therefrom as necessary; and shall allow inspection of all work, data, documents, proceedings, and activities related to this AGREEMENT. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment.

Phil Martin Contract
8572 Talbert Ave

(b) Upon completion, termination, or suspension of this AGREEMENT all plans, specifications, engineer’s estimates, and other documents prepared in the course of providing the services to be performed pursuant to this AGREEMENT shall become the sole property of CITY and may be used, reused, or otherwise disposed of by CITY without the permission of CONSULTANT.

With respect to computer files, CONSULTANT shall make available to CITY, at CONSULTANT’s office and upon reasonable written request by CITY, the necessary computer software and hardware for purposes of accessing, compiling, transferring, and printing computer files.

11. INDEMNIFICATION
(a) Indemnification for Professional Liability.
(i) Indemnification for Professional Liability Generally. When the law establishes a professional standard of care for CONSULTANT’s services, to the fullest extent permitted by law, CONSULTANT shall indemnify, protect, defend, and hold harmless CITY and any and all of its officials, employees, and agents (“INDEMNIFIED PARTIES”) from and against any and all losses, liabilities, damages, costs, and expenses, including attorney’s fees and costs to the extent the same are caused in whole or in part by any negligent or wrongful act, error, or omission of CONSULTANT, its officers, agents, employees, or subconsultants (or any entity or individual that CONSULTANT shall bear the legal liability thereof) in the performance of professional services under this AGREEMENT.
(ii) Indemnification for Services of a Design Professional. If this AGREEMENT is for design professional services, CONSULTANT’s duty to defend, indemnity, and hold CITY harmless for CONSULTANT’s design professional liability shall be as provided in this paragraph. To the fullest extent permitted by law, CONSULTANT shall indemnify, protect, defend, and hold harmless INDEMNIFIED PARTIES from and against any and all losses, liabilities, damages, costs, expenses, and claims, including attorney’s fees and costs, to the extent the same arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the CONSULTANT. In no event shall the cost to defend charged to the CONSULTANT exceed the CONSULTANT’S proportionate percentage of fault. CONSULTANT shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in this AGREEMENT without the written consent of CONSULTANT. (b) Indemnification for Other Than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, CONSULTANT shall indemnify, defend, and hold harmless CITY, and any and all of its employees, officials, and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses, or costs of any kind, whether actual, alleged, or threatened, including attorney’s fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this AGREEMENT by CONSULTANT or by any individual or entity for which CONSULTANT is legally liable, including but not limited to officers, agents, employees, or subconsultants of CONSULTANT. Page 92
Phil Martin Contract
8572 Talbert Ave

(c) General Indemnification Provisions. CONSULTANT agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each subconsultant or any other person or entity involved by, for, with or on behalf of CONSULTANT in the performance of this AGREEMENT.

In the event CONSULTANT fails to obtain such indemnity obligations from others as required here, CONSULTANT agrees to be fully responsible according to the terms of this section.

Failure of CITY to monitor compliance with these requirements imposes no additional obligations on CITY and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend CITY as set forth here is binding on the successors, assigns, or heirs of CONSULTANT and shall survive the termination of this AGREEMENT or this section.

Nothing in this indemnity shall be construed as authorizing any award of attorney’s fees in any action on or to enforce the terms of this Indemnity or AGREEMENT. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. (d) Indemnity Provisions for Contracts Related to Construction. This paragraph applies only when this AGREEMENT is related to construction. Without affecting the rights of CITY under any provision of this AGREEMENT, CONSULTANT shall not be required to indemnify and hold harmless CITY for liability attributable to the active negligence of CITY, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where CITY is shown to have been actively negligent and where CITY’s active negligence accounts for only a percentage of the liability involved, the obligation of CONSULTANT will be for that entire portion or percentage of liability not attributable to the active negligence of CITY.

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

13. WARRANTY FOR GOODS
(a) If this AGREEMENT includes the purchase of equipment, supplies, or chattel (hereafter “GOODS”), CONSULTANT shall provide the following warranty of said GOODS, or obtain a warranty from the manufacturer and/or retailer with provisions equal to or exceeding those specified in this Section. In the event the manufacturer’s warranty or retailer’s warranty do not equal or exceed the protections specified in this Section, CONSUTLANT agrees to provide said warranty protections. The warranty described hereunder extends to the original purchaser of the GOODS warranted under the warranty, and to each transferee owner of the GOODS. The term of this warranty begins on the date the GOODS are delivered to CITY, and continues therefrom. CONSULTANT warrants that:
(1) The GOODS will function properly under normal use, will be of good workmanship, free from defect, of merchantable quality, and fit for CITY’s intended use;

Phil Martin Contract
8572 Talbert Ave

(2) The GOODS will fully comply with any specifications provided by CITY and any samples or documentation provided by CONSULTANT; (3) The GOODS will be free of any security interests, liens, or encumbrances and CONSULTANT has title to the GOODS;

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

14. INDEPENDENT CONTRACTOR
(a) CONSULTANT is and shall at all times remain as to the CITY a wholly independent contractor. The personnel performing the services under this AGREEMENT on behalf of CONSULTANT shall at all times be under CONSULTANT's exclusive direction and control. Neither CITY nor any of its officers, employees, or agents shall have control over the conduct of CONSULTANT or any of CONSULTANT's officers, employees, or agents, except as set forth in this AGREEMENT. CONSULTANT shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the CITY. CONSULTANT shall not incur or have the power to incur any debt, obligation, or liability whatsoever against CITY, or bind CITY in any manner.

Phil Martin Contract
8572 Talbert Ave

(b) No employee benefits shall be available to CONSULTANT in connection with the performance of this AGREEMENT. Except for the fees paid to CONSULTANT as provided in this AGREEMENT, CITY shall not pay salaries, wages, or other compensation to CONSULTANT for performing services hereunder for CITY. CITY shall not be liable for compensation or indemnification to CONSULTANT for injury or sickness arising out of performing services hereunder.

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

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

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

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

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

Phil Martin Contract
8572 Talbert Ave

19. RELEASE OF INFORMATION / CONFLICTS OF INTEREST
(a) All information gained by CONSULTANT in performance of this AGREEMENT shall be considered confidential and shall not be released by CONSULTANT without CITY’s prior written authorization. CONSULTANT, its officers, employees, agents, or subconsultants, shall not without written authorization from the City Manager or unless requested by the Attorney for the City, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories, or other information concerning the work performed under this AGREEMENT or relating to any project or property located within the CITY. Response to a subpoena or court order shall not be considered "voluntary" provided CONSULTANT gives CITY notice of such court order or subpoena. (b) CONSULTANT shall promptly notify CITY should CONSULTANT, its officers, employees, agents, or subconsultants be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, requests for admissions, or other discovery request, court order, or subpoena from any person or party regarding this AGREEMENT and the work performed thereunder or with respect to any project or property located within the CITY. CITY retains the right, but has no obligation, to represent CONSULTANT and/or be present at any deposition, hearing, or similar proceeding.

CONSULTANT agrees to cooperate fully with CITY and to provide the opportunity to review any response to discovery requests provided by CONSULTANT. However, CITY's right to review any such response does not imply or mean the right by CITY to control, direct, or rewrite said response.

20. SECURITY OF INFORMATION
CONSULTANT shall identify reasonably foreseeable internal and external risks to the privacy and security of personal information acquired during performance of this AGREEMENT that could result in the unauthorized disclosure, misuse, alteration, destruction, or other compromise of the information. CONSULTANT shall regularly assess the sufficiency of any safeguards and information security awareness training in place to control reasonably foreseeable internal and external risks, and evaluate and adjust those safeguards considering the assessment.

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

Phil Martin Contract
8572 Talbert Ave

CITY CONSULTANT
City of Fountain Valley Phil Martin & Associates, Inc.
10200 Slater Avenue 2987 NW Fairway Heights Drive
Fountain Valley, California 92708 Bend, OR 97703
Attention: City Clerk Attention: Phil Martin

22. ASSIGNMENT
CONSULTANT shall not assign the performance of this AGREEMENT, nor any part thereof, nor any monies due hereunder, without the prior written consent of CITY. [ Check if Applicaple ☐ ] CONSULTANT shall provide CITY fourteen (14) days’ notice prior to the departure of any key personnel from CONSULTANT’s employ. Should key personnel leave CONSULTANT’s employ, CITY shall have the option to immediately terminate this AGREEMENT, within three (3) days of the close of said notice period. Upon termination of this AGREEMENT, CONSULTANT’s sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and CONSULTANT. [ Check if applicable ☒ ] Because of the personal nature of the services to be rendered pursuant to this AGREEMENT, only Phil Martin & Associates, LLC. (“PRINCIPAL”) shall perform the services described in this AGREEMENT. PRINCIPAL may use assistants, under his/her direct supervision, to perform some of the services under this AGREEMENT.

CONSULTANT shall provide CITY fourteen (14) days’ notice prior to the departure of PRINCIPLE from CONSULTANT’s employ. Should he or she leave CONSULTANT's employ, CITY shall have the option to immediately terminate this AGREEMENT, within three (3) days of the close of said notice period. Upon termination of this AGREEMENT, CONSULTANT’s sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between CITY and CONSULTANT.

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

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

Phil Martin Contract
8572 Talbert Ave

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

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

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

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

29. ATTORNEY FEES
In any action or proceeding brought by either party against the other party arising out of or in any way connected to this AGREEMENT, or where any provision hereof is validly asserted as a defense, the parties shall bear their own attorney’s fees, costs, and expenses.

Nothing in this provision shall excuse CONSULTANT’s duty to provide CITY with a defense at CONSULTANT’s cost when CITY receives a complaint, petition, or other pleading from a third party requiring CITY to defend itself.

30. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this AGREEMENT on behalf of CONSULTANT warrants and represents that he/she/they has the authority to execute this AGREEMENT on behalf of CONSULTANT and has the authority to bind CONSULTANT to the performance of his/her/its obligations hereunder

Phil Martin Contract
8572 Talbert Ave

IN WITNESS, WHEREOF, the parties hereto have caused this AGREEMENT to be executed the day and year first above written.

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

HARPER & BURNS LLP
______________________
Attorneys for the City
Corporate seal (or attach Notary
acknowledgment)
Kim Constantine, Mayor

Phil Martin Contract
8572 Talbert Ave

Exhibit “A”
Scope of Services
and Payment Terms

2987 NW Fairway Heights Drive  Bend, OR 97703  Phone 949-454-1800  Fax 949-454-1801 November 21, 2022
Mr. Matt Jenkins
City of Fountain Valley
10200 Slater Avenue
Fountain Valley, CA 92708
RE: Bonanni Residential Project – Proposal to Prepare Cultural Resource Report Dear Mr. Jenkins:

Per your November 14, 2022 email, below is a proposal by my sub-consultant BCR Consulting LLC (BCR) to prepare a cultural resource (archaeological and historical) report for the property at 8572 Talbert Avenue. BCR’s scope of work, schedule, and cost is below:

Task 1: Research
A records search for cultural resources (archaeological and historical) will be completed at the South Central Coastal Information Center at California State University, Fullerton. The objective of the archival research is to establish the status and extent of any previous cultural resource surveys in the project area and note the types of resources that might be expected to occur within the project boundary. The records search will also provide information about surface or buried cultural resources that might be encountered during the field survey. Additional land-use history research will be performed through city records, local archives and repositories, and internet resources to provide historic context for the historic-period farm complex.

Task 2: Field Survey
The field survey will cover 100 percent of the accessible areas on the project site and conducted by field personnel trained to recognize cultural resources (prehistoric and historic archaeological, and historic architecture). The purpose of the field survey is to identify any previously unidentified resources and update the site records for any previously recorded cultural resources on the property.

This scope of work stipulates that a maximum of one historic-period farm complex will be identified and recorded. Additional cultural resources identified may require additional budget for their documentation/recording.

Task 3: Native American Communications and Sacred Lands File Search BCR will contact the Native American Heritage Commission (NAHC) to request a Sacred Lands File (SLF) Search. The results of the SLF Search will be appended to the cultural resources report.

Bonanni Project - City of Fountain Valley Page 2
Proposal To Prepare Cultural Resource Report – November 21, 2022 The city will perform Assembly Bill (AB) 52 Consultation as required for the project with the appropriate tribes. If requested to participate, BCR will be available to discuss any tribal concerns during one conference call.

Task 4: Report and DPR Forms
BCR will provide a cultural resources report consistent with CEQA requirements. The report will include a project description, location maps, and methods, results, and recommendations sections.

The required California Department of Park and Recreation (DPR) 523 forms will be appended to record the historic-period farm complex.

Task 5: Paleontological Overview
BCR will initiate a paleontological overview for the project with the Western Science Center.

Qualified paleontologists will review relevant paleontological sensitivity maps and reports completed in the vicinity of the project to assess sensitivity for buried paleontological resources (i.e. fossils).

The resulting report will be appended to the cultural resources report.

Upon completion of the cultural resources report Phil Martin & Associates will incorporate the results of the cultural resources report into the Cultural Resources section of the MND.

Schedule
Upon authorization to proceed, BCR will initiate the research at the South Central Coastal Information Center at California State University, Fullerton and schedule a time to survey the project site. Due to the current length of time to obtain archival data from the South Central Coastal Information Center at California State University, Fullerton the above scope of work can be completed within 30-60 days.

Cost
The cost to prepare the cultural resource (archaeological and historical) report and incorporate the information into the Mitigated Negative Declaration is $7,300. Please call if you have questions about the proposal.

Sincerely,
Phil Martin
President

2987 NW Fairway Heights Drive  Bend, OR 97703  Phone 949-454-1800  Fax 949-454-1801 October 18, 2022
Mr. Matt Jenkins
City of Fountain Valley
10200 Slater Avenue
Fountain Valley, CA 92708
RE: Residential Project – 8572 Talbert Avenue, Residential Project – Updated Proposal to Prepare Mitigated Negative Declaration
Dear Mr. Jenkins:

Per your September 28, 2022 email, below is an update of my August 24, 2022 proposal to include the cost to assist the city with AB 52 noticing and consultation and prepare a Phase I Environmental Site Assessment (ESA) and a preliminary geotechnical report as part of my scope of work and not options. (MND) for the proposed development of 15 single-family detached residential units on approximately 1.41 acres at 8572 Talbert Avenue in Fountain Valley.

My proposal is based on the site plan dated June 10, 2022, my experience preparing environmental documents to comply with the California Environmental Quality Act (CEQA) and my experience preparing CEQA documents and working with the City of Fountain Valley for similar projects in the past. I propose the following scope of work:

1. Scope of Work
a. Preparation of Mitigated Negative Declaration
Upon authorization to proceed and signature of a contract, Phil Martin will begin preparation of the MND and include the following tasks:

Aesthetics
The City of Fountain Valley General Plan does not identify any designated scenic resources on the project site and the State of California does not have any adopted scenic state highways adjacent to or close proximity to the site. Therefore, this section will analyze the potential aesthetic impacts of the project to the existing land uses adjacent to and surrounding the project, which include singlefamily residences to the north, west and south, an Edison power line easement adjacent to and east of the site and further east are single-family detached residences. The existing aesthetic characteristics of the project and surrounding land uses will be described. Surface level photographs

8572 Talbert Avenue – 15 Single-Family Detached Residential Units - City of Fountain Valley Page 2 Proposal To Prepare Mitigated Negative Declaration – October 18, 2022 of the site and the surrounding land uses will be provided along with a photo key map to show the aesthetic and visual qualities of the site and surrounding areas.

This section will include an analysis of the potential aesthetic impacts of the project due to the project and include elevations that show the architecture and design of the proposed residential units. A landscape plan, if available, showing the proposed plantings and hardscape materials that would provide aesthetic buffering will also be included. The aesthetic section will compare the architecture, design, and landscape plans to applicable city design guidelines.

If aesthetic impacts are identified, measures to mitigate the impacts will be recommended to reduce impacts to less than significant.

Air Quality
Giroux & Associates will prepare an air quality analysis and greenhouse gas emission calculations for the project as a sub-consultant to Phil Martin & Associates. Phil Martin & Associates will summarize the air quality and greenhouse gas emission reports in the MND and attach the complete documents in the MND appendix.

The air quality report will include the following information:
• Update area air quality setting information for Fountain Valley based upon South Coast Air Quality Management District (SCAQMD) monitoring data from the Anaheim air monitoring station.
• Calculate temporary construction activity emissions (demolition, grading & construction) using procedures identified within the SCAQMD CEQA Air Quality Handbook (1993) incorporated into the latest CalEEMod computer model.
• Calculate project generated regional vehicular emissions using the currently recommended CalEEMod computer model.
• Identify any potentially applicable mitigation measures, including any relevant transportation control measures (TCMs) incorporated into the air basin portion of the California State Implementation Plan (SIP).
• Discuss the projects consistency with the South Coast Air Basin Regional Air Quality Management Plan in terms of land use planning.
• Discuss the potential effects on local air quality of cumulative development in the area. • Summarize findings in a stand-alone air quality report.

The project air quality impacts will be divided into the short-term dust generation, local impacts, and long-term regional air pollution increases. Short-term dust and emission generation due to construction activities will be forecasted using the URBEMIS model. If provided by the project applicant, detailed estimates of the potential construction equipment that will be used during project construction will be referenced to calculate the emissions. Otherwise, conservative estimates of the various required construction activities to determine short-term emissions will be used. The air pollutant emissions generated during project construction will be compared to the SCAQMD Regional Thresholds. Measures to reduce dust generation required by the SCAQMD will be identified. Additionally, measures in the AQMP to control construction activity emissions will be discussed in the air quality report. Long-term operational emissions will be generated by project traffic, combustion of natural gas to heat the residences, operation of landscape equipment, and the

8572 Talbert Avenue – 15 Single-Family Detached Residential Units - City of Fountain Valley Page 3 Proposal To Prepare Mitigated Negative Declaration – October 18, 2022 use of architectural coatings during residential maintenance. The operational air emissions generated by these sources will be assessed and compared to the SCAQMD Regional Thresholds to determine their significance.

Mitigation measures will be recommended to reduce significant long-term operational air quality emissions as much as possible to meet adopted thresholds and comply with CEQA.

Geology and Soils
A preliminary geotechnical report will be provided by the applicant to Phil Martin & Associates.

The geotechnical report will be summarized in the MND and the report included in the MND appendix. Mitigation measures, if required, will be incorporated to reduce potential geotechnical impacts to less than significant.

Greenhouse Gas Assessment
Giroux and Associates will closely follow the generally accepted analysis methodologies and significance thresholds for greenhouse gas emissions and apply the most current standards to the project. The greenhouse gas scope of work will include the following:
• Describe the existing GHG regulatory environment focused on AB-32 and SB-375.

Summarize the base year GHG emissions inventory for Fountain Valley, if available and discuss the likely progress in moving forward from that time. • Identify the appropriate thresholds of impact significance that include both the quantity of GHG generated by the project as well as project consistency with sustainable community initiatives.
• Quantify GHG emissions associated with transportation, on-site energy consumption, indirect electricity generation emissions, solid waste generation, and water use using the CalEEMod computer model GHG module.
• Determine GHG impact significance after application of available mitigation measures.

Hazards and Hazardous Materials
CW Soils as a sub-consultant to Phil Martin & Associates will provide a Phase I ESA. The Phase I ESA will be summarized in the MND and the report included in the MND appendix. Any mitigation measures recommended in the Phase I ESA will be incorporated into the MND to reduce potential hazardous impacts to less than significant. The Phase I ESA scope of work is as follows:

Phase I Environmental Site Assessment (ASTM 1527-2013 Guidelines): i) review of reasonably ascertainable federal and state environmental databases, within ASTM-listed search parameters, as provided by database subcontractor; ii) visual on-site observation of subject property in unobstructed areas for ASTM “recognized environmental conditions”, USTs, and obvious indicators of CERCLA-defined environmental contaminants; iii) review of readily and locally available 50-year historical information for property, local hazardous material release records, and UST permits; iv) a brief and general evaluation of other limited potential environmental issues, including: suspect asbestos-containing materials, lead-based paint, polychlorinated biphenyls, and radon gas. No lab analyses, quantification, or in-depth observations or discussion

8572 Talbert Avenue – 15 Single-Family Detached Residential Units - City of Fountain Valley Page 4 Proposal To Prepare Mitigated Negative Declaration – October 18, 2022 will be performed (does not include any mold, bio-hazardous or radiological issues); v) completion as allowed of an environmental screening questionnaire by the key site manager (KSM); vi) visual observation, from publicly accessible areas (e.g., streets), of adjoining properties for obvious spills impacting the subject property; and, vii) photographic documentation of on-site conditions and readily visible adjoining properties.

Environmental liens search to be supplied by project applicant (if desired). No other title research will be performed.

Potential Vapor Intrusion issues are not evaluated or included in the report. Cursory hazardous material evaluation is limited to handling as it may impact the subsurface, with no evaluation of any health/safety, regulatory compliance or related issues. Review of regulatory agency files may be limited to on-line and other readily available information at the discretion of CW SOILS.

Applicant’s Responsibilities - As applicable the project applicant will: a) provide all information available to the applicant pertinent to the project site, including previous environmental reports and any other relevant data, and CW SOILS may rely upon such information without confirmation; b) provide permission to enter the property as required for CW SOILS to perform its services under this Agreement; c) identify a person to act as the key site manager with respect to best knowledge regarding the project/property. CW SOILS assumes the information provided by the KSM will be accurate and complete.

Representations and Warranties of Third Parties - CW Soils may rely without confirmation upon information provided by the applicant, property owner, borrower, subcontractors (e.g., database subcontractor, etc.), federal, state, or local agencies, and others, pertinent to the project.

Standard of Care - CW SOILS shall perform its services in accordance with generally accepted practices and standards prevailing in the locality of the project at the time services are performed. Changes in standards, agency rules or practices, etc. subsequent to completion of the project are not included.

Ownership and Use of Documents - Reports are prepared for the exclusive use, and are the property of CW Soils, Inc. and the project applicant. CW Soils, Inc. shall hold harmless and indemnify CW SOILS from and against any and all claims for damages arising out of, or in any way connected with, the use of reports by any person, corporation, agency or partnership not a party to the contract.

Report - CW Soils will provide one (1) electronic copy of the report in pdf format.

Hydrology/Water Quality
A hydrology report, grading plan and a Water Quality Management Plan (WQMP) will be provided by the applicant to Phil Martin & Associates. The hydrology report and WQMP will be summarized in the MND and the reports included in the MND appendix. Mitigation measures, if required, will be incorporated to reduce potential water quality, grading or storm water impacts to less than significant.

8572 Talbert Avenue – 15 Single-Family Detached Residential Units - City of Fountain Valley Page 5 Proposal To Prepare Mitigated Negative Declaration – October 18, 2022 Land Use
This section will evaluate the potential land use impacts associated with the project. The General Plan land use designation for the site is Medium Density Residential (up to 15 dwelling units/acre) and zoned Commercial, Administrative, Professional Office (CP). The project will require a zone change to Garden Homes (GH) to allow the development of the proposed 15 detached dwelling units. The land use section will discuss the compatibility of the development with the adjacent surrounding residential land uses and other land uses in the immediate project vicinity. This section will also compare the project for consistency with the GH development standards based on Table 2- 3 of the Title 21 Development Code the Fountain Valley Municipal Code (FVMC). If required, mitigation measures will be recommended to reduce land use impacts to less than significant.

Noise
Giroux & Associates will prepare a noise and vibration assessment as a sub-consultant to Phil Martin & Associates. The noise and vibration assessment will be summarized in the MND and the full report included in the MND appendix.

The noise assessment will include the following:
• Perform limited on-site ambient noise monitoring to establish an existing baseline and to determine the noise generation from adjacent traffic conditions. • Develop a baseline traffic noise exposure profile in terms of the CNEL noise metric using the Federal Highway Administration (FHWA) Model with the latest California vehicle noise curves (CALVENO) focused on local impacts from adjacent traffic. • Evaluate stationary noise impacts from temporary on-site construction noise sources. • Prepare a no-project versus with-project mobile noise impact comparison, including any viable project alternative development scenarios. Identify specific sensitive receiver locations where mobile source noise impacts may adversely affect nearby sensitive receivers. • Relate project noise impacts to the Noise Element noise/land use compatibility guidelines in the City of Fountain Valley General Plan Noise Element and other applicable noise exposure regulations.
• Develop a noise impact mitigation plan for any predicted noise impacts that exceed target noise exposure limits.
• Summarize the findings in a “stand-alone” draft noise and vibration technical report.

Mitigation measures to reduce potential noise or vibration impacts will be provided as necessary to meet the City’s Noise Ordinance and comply with CEQA.

Transportation/Traffic
The Ganddini Group, Inc. will prepare a traffic analysis as a sub-consultant to Phil Martin & Associates. The traffic analysis will be summarized into the MND and the full report included in the MND appendix. The traffic analysis will include the following tasks:

8572 Talbert Avenue – 15 Single-Family Detached Residential Units - City of Fountain Valley Page 6 Proposal To Prepare Mitigated Negative Declaration – October 18, 2022 Task 1 Transportation Study Screening Assessment
Ganddini Group shall prepare a Transportation Study Screening Assessment for the proposed project consisting of the following tasks:
▪ Calculate the proposed project trip generation (including existing and net new trips, if applicable) based on weekday AM/PM peak hour and daily trip generation rates from the Institute of Transportation Engineers (ITE) Trip Generation Manual (11th Edition, 2021). ▪ Assess the need to prepare a transportation impact analysis (TIA) that includes level of service (LOS) analysis based on screening criteria established the City of Fountain Valley.

Based on preliminary review, the project is estimated to generate fewer than 50 peak hour trips; therefore, preparation of a TIA that includes LOS analysis is not anticipated to be required or included in this scope of work.
▪ Assess the need to prepare a transportation impact analysis (TIA) that includes vehicle miles traveled (VMT) analysis based on screening criteria established by the City of Fountain Valley. Based on preliminary review, the project is anticipated to satisfy the screening criteria for projects in low VMT areas; therefore, preparation of detailed VMT modeling/analysis is not anticipated to be required or included in this scope of work. ▪ Prepare a technical letter-report that incorporates the methodology, findings, and all supporting calculations and assumptions. Review one compiled set of City of Fountain Valley comments and make minor revisions, if necessary. The final report will be signed and stamped by a Professional Engineer registered in the State of California.

Task 2 Time-and-Materials for Responses to Public Comments & Meeting Attendance The scope of services includes time to respond to comments from the general public and/or other agencies and participation in two public hearings (virtual or in-person). The budget accounts for approximately 12 hours of senior-level support for response to comments and two in-person public hearings.

Tribal Cultural Resources
Shortly after the kick-off meeting, Phil Martin & Associates will prepare consultation letters for the Native American Tribes that are required to be notified as required by AB 52. Phil Martin & Associates will submit draft letters for the review by staff and once completed the City will mail the letters to the tribes. At a minimum six tribes will be contacted. If requested, Phil Martin & Associates will assist the City with tribal consultation. Based on information received from the tribes and the potential for impacts to existing tribal cultural resources that may exist on the site, mitigation measures will be recommended accordingly.

Cumulative Impacts
Per CEQA Guidelines Section 15355 this section will provide a discussion of the potential environmental effects that could occur with development of the project in conjunction with other planned and entitled projects in the area, including the compounding of cumulative project impacts.

Cumulative project information will be obtained from City staff and include projects that have been entitled but not constructed, projects that are not entitled, but in the planning process, and reasonably foreseeable future projects. A map will be prepared to show the location of the

8572 Talbert Avenue – 15 Single-Family Detached Residential Units - City of Fountain Valley Page 7 Proposal To Prepare Mitigated Negative Declaration – October 18, 2022 cumulative projects. When required by CEQA, mitigation measures will be recommended to mitigate any cumulative project impacts.

References, Persons and Agencies Contacted and Mitigated Negative Declaration Preparation
This section will list all reference documents used to prepare the MND and all persons, agencies and individuals contacted during preparation of the document.

Appendices
The MND appendix will include all technical reports.
b. Screen Check Mitigated Negative Declaration
Once the MND is completed a digital copy and four (4) hard copies of the document will be submitted to City staff for its review and comment. Staff’s comments and changes will be incorporated and a second digital copy and four (4) second screen check hard copies will be submitted for a second screen check review. Staff’s final screen check comments will be incorporated and the MND prepared for printing.
c. Print and Mail Mitigated Negative Declaration
Phil Martin & Associates will print and mail up to fifteen (15) hard copies and/or compact disks of the MND for public circulation and use by the city. A master hard copy and a compact disk of the document will be provided to the city for its use. Costs for additional copies will be billed on a time and material basis.
d. Prepare Notice of Intent to Adopt a Mitigated Negative Declaration Phil Martin & Associates will prepare a Notice of Intent to Adopt a MND (NOI). Once reviewed by city staff, a copy will be mailed to all responsible agencies and interested persons along with a copy of the MND on compact disc. Phil Martin & Associates will also file the NOI with the Orange County Clerk Recorder to start a 20-day public review period. The MND will also be filed with the State Clearinghouse as required. Although the project will be filed with the State Clearinghouse, the project is only required for a 20-day public review period. e. Respond to Comments – If Required
Phil Martin & Associates, Inc. will prepare written responses to all comments received to the MND as directed by the city. For this proposal, Phil Martin & Associates has allocated three (3) hours to respond to comments. The traffic consultant has also allocated time to respond to comments.

Additional time for Phil Martin & Associates or the traffic consultant to respond to comments beyond the budget will be billed on a time and materials basis.

Four (4) hard copies and a digital copy of the Response to Comments will be submitted to the city for its review and comment. City changes will be incorporated and copies of the Response to Comments will be printed. Phil Martin & Associates will mail the Response to Comments to the

8572 Talbert Avenue – 15 Single-Family Detached Residential Units - City of Fountain Valley Page 8 Proposal To Prepare Mitigated Negative Declaration – October 18, 2022 agencies and individuals that submitted comments at least ten days prior to the scheduled hearing to adopt the MND. Phil Martin & Associates will print and mail up to five (5) hard copies of the Response to Comments.
f. Attend Public Hearings - Optional
If requested by staff, Phil Martin & Associates has budgeted to attend one (1) Planning Commission and one (1) City Council hearing. The traffic consultant has also budgeted to attend two public hearings if requested by staff. Attendance at additional public hearings will be billed on time and material basis.
g. File Notice of Determination and Pay Fish and Wildlife Fee Phil Martin & Associates will prepare the Notice of Determination (NOD) as required by Section 15094 of the CEQA Guidelines. The day after the MND is adopted and the project is approved Phil Martin & Associates will file the Notice of Determination with the Orange County Clerk Recorder. The project applicant shall provide a check for payment of the required California Fish and Wildlife MND fee prior to filing the NOD.

Once the Notice of Determination is filed, there is a 30-day statute of limitation period the public has to file legal challenges to the adoption of the MND. If no legal challenges to the adequacy of the MND are filed within this 30-day period the MND is final.

2. Mitigation Monitoring and Report Plan
Phil Martin & Associates will prepare a Mitigation Monitoring and Reporting Plan (MMRP) as required by Public Resources Code Section 21081.6 for all mitigation measures that are recommended to mitigate significant impacts. The MMRP will list all mitigation measures and identify the city department that will be responsible to monitor and implement each mitigation measure. Once the MMRP is completed, a digital copy and two (2) hard copies will be submitted to city staff for its review. Staffs comments will be incorporated and a digital copy and five (5) hard copies submitted to the city for its use.

3. Cost Breakdown:

The cost to prepare the Mitigated Negative Declaration based on the above scope of work is $38,100. A cost breakdown is provided below.

Mitigated Negative Declaration – Cost Breakdown
Task Cost
Initial Study/Mitigated Negative Declaration
Initial Study/Mitigated Negative Declaration $24,600
Air Quality/Greenhouse Gas/Noise Report – Giroux
Associates $3,900
Phase I ESA – CW Soils $3,300
Traffic Report – Ganddini Group $3,100

8572 Talbert Avenue – 15 Single-Family Detached Residential Units - City of Fountain Valley Page 9 Proposal To Prepare Mitigated Negative Declaration – October 18, 2022 Direct Costs – printing, mailing, produce CDs $400
Graphics $200
File MND with State Clearinghouse $200
Final Mitigated Negative Declaration
Response to Comments – if required
Phil Martin & Associates $600
Ganddini Group $700
Mitigation Monitoring and Reporting Plan $400
File CEQA notices – 2 notices $700
Total $38,100
Optional
Public Hearings – 1 Planning Commission/1 City Council
Phil Martin & Associates $1,800
Ganddini Group $1,700
The coordination of the completion of the special studies that are provided by the project applicant, including response to comments, shall be provided by the applicant. Should additional services be required beyond the above scope of work my billing rate is $200 per hour.

4. Timeline:

A tentative schedule and milestones to complete the Mitigated Negative Declaration are presented below. The schedule is based on an anticipated “start date” of October 10, 2022 and timely reviews by city staff.
1) Start Project – October 10, 2022.
2) Submit Screen Check Initial Study/MND to City – November 21, 2022. 3) Receive staff comments to Initial Study/MND – December 7, 2022. 4) Submit second Screen Check Initial Study/MND – December 14, 2022. 5) Receive staff second comments to Initial Study/MND – December 22, 2022. 6) Mail Initial Study/MND – December 28, 2022.
7) Initial Study/MND public review period – December 29, 2022 – January 17, 2023. 8) Submit screen check Response to Comments to City – January 20, 2023. 9) Receive staff comments to screen check Response to Comments – January 26, 2023. 10) Mail Response to Comments and submit Final MND to City staff for its use – January 27, 2023.
11) Planning Commission/City Council hearings – February/March 2023. 12) File Notice of Determination with County Clerk – March 2023.

Milestones
1) Initial Study/MND public review period – December 29, 2022 – January 17, 2023. 2) Planning Commission/City Council hearings – February/March 2023. 3) File Notice of Determination – March 2023.

8572 Talbert Avenue – 15 Single-Family Detached Residential Units - City of Fountain Valley Page 10 Proposal To Prepare Mitigated Negative Declaration – October 18, 2022

5. Needed Information:

The following information will be required to begin preparation of the Mitigated Negative Declaration:
• Site plan
• Phase I ESA
• Geotechnical Report
• Hydrology Report/WQMP
• Landscape plan, if available
• Grading plan
• Construction schedule and list of the types and number of pieces of grading equipment – to calculate construction emissions.

Please call if you have questions about the proposal.

Sincerely,
Phil Martin
President

Phil Martin Contract
8572 Talbert Ave

Exhibit “B”
Insurance Specifications

Phil Martin Contract
8572 Talbert Ave

EXHIBIT “B”

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

General liability insurance. CONSULTANT shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount, not less than $1,000,000.00 dollars per occurrence,$ 2,000,000.00 dollars general aggregate, for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability.

Check if Applicable ☒ Automobile liability insurance. CONSULTANT shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of CONSULTANT arising out of or about the work to be performed under this AGREEMENT, including coverage for any owned, hired, non-owned, or rented vehicles, in an amount not less than $ 1,000,000.00dollars combined single limit for each accident.

Check if Applicable ☒ Workers’ compensation insurance. CONSULTANT shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $ 1,000,000.00 dollars). CONSULTANT shall submit to CITY, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of CITY, its officers, agents, employees, and volunteers.

Check if Applicable ☐ Umbrella or excess liability insurance. CONSULTANT shall obtain and maintain an umbrella or excess liability insurance policy with limits of not less than $ 4,000,000.00 dollars that will provide bodily injury, personal injury, and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability and employer’s liability. Such policy or policies shall include the following terms andconditions:
• A drop-down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason;
• Pay on behalf of wording as opposed to reimbursement; • Concurrency of effective dates with primarypolicies;
• Policies shall “follow form” to the underlying primary policies; and • Insureds under primary policies shall also be insureds under the umbrella or excess policies.

Check if Applicable ☒ Professional liability (errors & omissions) insurance CONSULTANT shall maintain professional liability insurance that covers the services to

Phil Martin Contract
8572 Talbert Ave

be performed about this AGREEMENT, in the minimum amount of $ 1,000,000.00 dollars per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this AGREEMENT and CONSULTANT agrees to maintain continuous coverage through a period no less than three years after completion of the services required by this AGREEMENT.

Check if Applicable ☐ Pollution liability insurance. Environmental Impairment Liability Insurance shall be written on CONSULTANT’s Pollution Liability form or other form acceptable to CITY providing coverage for liability arising out of sudden, accidental, and gradual pollution and remediation. The policy limit shall be no less than $ 1,000,000.00 dollars per claim and in the aggregate. All activities contemplated in this AGREEMENT shall be specifically scheduled on the policy as “covered operations.” The policy shall provide coverage for the hauling of waste from the project site to the final disposal location, including non-owned disposal sites. Products/completed operations coverage shall extend a minimum of the r e e y ear s a f te r pr oj ec t completion.

Coverage shall be included on behalf of the insured for covered claims arising out of the actions of independent contractors. If the insured is using subcontractors, the policy must include work performed “by or on behalf” of the insured. Policy shall contain no language that would invalidate or remove the insurer’s duty to defend or indemnify for claims or suits expressly excluded from coverage. Policy shall specifically provide for a duty to defend on the part of the insurer. The CITY, its officials, officers, agents, and employees, shall be included as insureds under the policy.

Check if Applicable ☐ Explosion, collapse, underground insurance. CONSULTANT shall furnish a copy of a public liability and property damage insurance policy with “XCU” or equivalent coverage in an amount not less than $ 1,000,000.00dollars per person and $ 2,000,000.00 dollars per occurrence for personal injury. The limit of property damage liability shall be not less than $ 1,000,000.00dollars for each occurrence as payment for damages to property which may result from or be caused by such public display of fireworks and arising from any acts of the CONSULTANT, its agent, employees, or subcontractors presenting such public display. CITY, its officers, agents, and employees shall be additional insureds under the policy. CONSULTANT shall not cancel the insurance coverage without fifteen (15) days prior written notice to the State Fire Marshal.

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

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

Phil Martin Contract
8572 Talbert Ave

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

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

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

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

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

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

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

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

Phil Martin Contract
8572 Talbert Ave

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

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

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

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

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

CITY OF FOUNTAIN VALLEY

CITY COUNCIL

COUNCIL ACTION REQUEST
TO: Honorable Mayor and Agenda Date: January 17, 2023
Members of the City Council
SUBJECT: Conduct a Public Protest Hearing Regarding 2023-2027 Consumer Price Index (CPI) Increases for Republic (dba Rainbow) Residential Trash Collection Rates per the requirement of the Proposition 218 and, If the Protest Fails, Adopt a Resolution Establishing the Proposed Trash Rates 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 15, 2022, the City Council authorized staff to distribute the “Notice of Public Protest Hearing Regarding Proposed Residential Trash Collection Rate Increases” in accordance with Proposition 218. Notices were distributed to all residential trash ratepayers in adequate time to meet the minimum 45-day period required prior to the public protest hearing wherein affected customers can protest the proposed rates. On December 16, 2022, the City Clerk publicly posted on newspaper notice of the Public Hearing. At the time of this writing, the City has received no protest letters regarding the proposed rate increases.

It is recommended that the City Council conduct a public protest hearing regarding the proposed residential trash collection rate increase in compliance with Proposition 218 and, if the protest fails, adopt a resolution establishing the proposed residential trash rates.

DISCUSSION:

In accordance with the provisions of Proposition 218, the residential trash rate is proposed to increase annually for the next five years based on the Consumer Price Index (CPI) Garbage and Trash Index. Revenue generated will fund all costs associated with residential trash collection, disposal, and processing, as well as compliance with regulatory agency requirements
The current monthly residential rate is $21.46. Republic Environmental Services has requested a $0.99 increase to the monthly residential trash collection rate. If the rate adjustment request is approved, the adjusted residential trash rates would increase $0.99 from $21.46 to $22.45 per month per account. The proposed residential trash rate would be effective immediately upon approval by the City Council. The charges are billed bimonthly

Approval of CPI Increase for Rainbow Trash Collection Rates January 17, 2023

and collected through water bills.

At the time of this writing, the City has received no protest letters regarding the proposed rate increases. The City Clerk received a couple of inquiries about Senior Rate discounts which staff assisted. Only if at least 50% (7,750 of approximately 15,500-metered residential customers) file written protests to the proposed rate increases will it be defeated by a Proposition 218 "vote." Absent the 50% protest, the City Council can move forward with the proposed rate increases for residential, commercial, and multi-family trash services.

It is recommended that the City Council conduct a public protest hearing regarding the proposed residential trash collection rate increase in compliance with Proposition 218 and, if the protest fails, adopt a resolution establishing the proposed residential trash rates.

Republic/Rainbow Disposal Co., Inc., (Rainbow) provides solid waste collection and handling services to the City according to the Rubbish Collection, Disposal and Recycling Franchise Agreement (CON 06-28) and as amended between the City and Rainbow.

Under the Franchise Agreement, Rainbow is entitled to request a Consumer Price Index (CPI) adjustment for residential, commercial, and industrial customers.

City Staff and Rainbow negotiated in good faith in response to Rainbow’s request for a CPI adjustment for the 2023 calendar year starting January 1, 2023 through December 31, 2023.

According to Rainbow, the Republic labor strike, additional fuel costs along with supply chain challenges directly affected their operational cost. As a result of those discussions, and per Sections 6, 7, and 9 of the Franchise Agreement, the City and Republic negotiated/agreed to the CPI adjustment of 4.63%. This negotiation is equitable, and appropriate and should take effect on January 18, 2023, after a successful Proposition 218 Protest Hearing and council approval on January 17, 2023.

Any successive CPI adjustments from 2024 to 2027 will occur on January 1 of those years negotiated in good faith and equitably.

Rainbow paid for the direct mailing of a minimum 45-day notification of the rate increase.

Increases to the residential trash rates are preceded by a Proposition 218 Public Protest Hearing.

On December 16, 2022, the City Clerk publicly posted on newspaper notice of the Public Hearing. Proof of publication is attached.

The CPI adjustment of 4.63% is from the National Garbage and Trash Collection index published by the US Bureau of Labor and Statistics. Similarly, the local Los Angeles-Long Beach-Anaheim CPI index is 7.87%. Rainbow will be absorbing the cost of escalation of containers, tires, fuel, and other key purchases to continue to provide the services and accommodate the SB 1383 organic recycling program, which was negotiated in good faith before these escalations are realized/published in Consumer Price Index.

FINANCIAL ANALYSIS
The current and proposed residential trash rate is as follows:

Approval of CPI Increase for Rainbow Trash Collection Rates January 17, 2023

Proposed Standard Residential Monthly Rate
Current Rate Proposed Rate
Trash: $21.46 $22.45
MRF rate: $ 3.45 $ 3.61
Admin fee*: $ 1.34 $ 1.34
Total: $26.25 $27.40
*Admin fee billed to residents by the City to cover City’s administrative costs. The City opted not to increase the administration fee at this time.

Effective Date Proposed 5-Year Residential Trash Collection Rates (per dwelling unit per month)
January 18, 2023 $27.40
January 1, 2024 $27.40 plus/minus 2023 CPI for Garbage and Trash January 1, 2025 2024 rate plus/minus 2024 CPI for Garbage and Trash January 1, 2026 2025 rate plus/minus 2025 CPI for Garbage and Trash January 1, 2027 2026 rate plus/minus 2026 CPI for Garbage and Trash Proposed Senior Citizen Discount Residential Monthly Rate (62 years and above)
Current Rate Proposed Rate
Trash: $18.24 $19.08
MRF rate: $ 3.45 $ 3.61
Admin fee*: $ 1.34 $ 1.34
Total: $23.03 $24.03
*Admin fee billed to residents by the City to cover City’s administrative costs. The City opted not to increase the administration fee at this time.

Effective Date Proposed 5-Year Senior Citizen Discount
Residential Trash Collection
January 18, 2023 $24.03 Rates (per dwelling unit per month) January 1, 2024 $24.03 plus/minus 2018 CPI for Garbage and Trash January 1, 2025 2024 rate plus/minus 2024 CPI for Garbage and Trash January 1, 2026 2025 rate plus/minus 2025 CPI for Garbage and Trash January 1, 2027 2026 rate plus/minus 2026 CPI for Garbage and Trash ATTORNEY REVIEW:

The Attorney for the City has reviewed and approved the resolution and the procedure as it pertains to Proposition 218 requirements.

PUBLIC NOTIFICATION:

This item was noticed as a public protest hearing for January 17, 2023, in accordance with rules and regulations regarding the noticing of public hearings and agendized items and topics for discussion and/or action. In addition, notices were mailed to all residential trash customers a minimum of 45 days prior to January 17, 2023 public protest hearing in accordance with Proposition 218.

Approval of CPI Increase for Rainbow Trash Collection Rates January 17, 2023

ALTERNATIVES:

Alternative No. 1: Conduct a public protest hearing regarding the proposed residential trash collection rate increase in compliance with Proposition 218 and, if the protest fails, adopt a resolution establishing the proposed residential trash rates. This is the recommended alternative.

Alternative No. 2: Conduct a public protest hearing regarding the proposed 5-year residential trash collection rate increase in compliance with Proposition 218 but do not adopt a resolution establishing the proposed residential trash rates. This is not recommended as Republic Services has provided the City with the required documentation supporting their request consistent with the contract provisions.

Alternative No. 3: Conduct a public protest hearing regarding the proposed residential trash collection rate increase in compliance with Proposition 218 and, if the protest fails, amend and adopt the resolution at a rate less than $27.40. This is not recommended as Republic Services has provided the City with the required documentation supporting their request consistent with the contract provisions.

RECOMMENDATION:

Staff recommends that the City Council approve Alternative No. 1, which is to conduct a public protest hearing regarding the proposed residential trash collection rate increase in compliance with Proposition 218 and, if the protest fails, adopt a resolution establishing the proposed residential trash rate.

Prepared By: Hye Jin Lee, Director of Public Works
Reviewed By: Colin Burns, Attorney for the City
Approved By: Ryan Smith, Finance Director
Approved By: Maggie Le, City Manager
Attachment:

1. Resolution establishing trash rates for calendar years 2023 to 2027

2. Notice of Prop 218 Protest Hearing - Proposed Republic CPI Rate Increases

3. Proof of mailing

4. Proof of Publication

5. Republic CPI Rate Increase Request letter and CPI calculations a. Republic Services Rate Increase Request – Residential b. Republic Services Rate Increase Request – Commercial c. 2022-2021 BLS CPI All Urban Customers -LA-Long Beach-Anaheim

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOUNTAIN VALLEY ESTABLISHING THE CALENDAR YEAR 2023 RESIDENTIAL
TRASH COLLECTION RATES.

WHEREAS, pursuant to Fountain Valley Municipal Code Chapter 6.08 and an Agreement between the City and Rainbow Environmental Services, Rainbow Environmental Services has been awarded the exclusive franchise to collect trash within the City limits; and
WHEREAS, pursuant to that Agreement, the parties have agreed to the conditions and criteria for requesting a rate increase; and
WHEREAS, Rainbow Environmental Services has requested an increase in residential trash collection rates; and
WHEREAS, Rainbow Environmental Services has the contractual right to request annual residential trash collection rate adjustments; and WHEREAS, the requested increase is based on the annual Consumer Price Index (CPI) National Garbage and Trash Index; and
WHEREAS, the City Council has the contractual option to approve or deny the request; and
WHEREAS, Proposition 218 requires that before a “property related fee” is imposed that a public protest hearing be conducted; and WHEREAS, Proposition 218 requires that before a “property related fee” is imposed that notices be provided by mail at least 45 days before the hearing; and WHEREAS, staff distributed a “Notice of Public Protest Hearing Regarding Proposed Residential Trash Collection Rate Increases” in accordance with the requirements of Proposition 218; and
WHEREAS, Proposition 218 provides that such a property related fee must not exceed the funds required to provide the service, must not be used for any other purpose than for which the fee was imposed, must be proportionate to the service provided to the parcel, and may only be imposed if a benefit to the property is received and no part of the revenue raised may be used to fund general governmental services; and WHEREAS, such notices have been provided and the City Council has conducted a protest hearing in consideration with the procedural requirement of said law; and WHEREAS, such protest has failed; and

WHEREAS, the City Council has considered the staff presentation and rate request and any other testimony and evidence presented and does hereby determine that the proposed monthly residential trash rate increase meets the requirements of Proposition 218 and is otherwise appropriate and necessary to fund residential trash collection services;
WHEREAS, Gov C 53756 authorizes the City to adopt a five year schedule of rates which includes automatic adjustments for inflation for trash collection; and NOW, THEREFORE, the City Council does hereby RESOLVE and DETERMINE as follows:

1. That the rates for residential trash collection be established as shown on the attached five year rate schedule.

2. That in case the imposition of such a rate creates a hardship or violates the substantive provisions of Article XIIID, an appeal may be made to the City Manager within 15 days of the original imposition of the rate on the rate payer. The City Manager shall review the grounds for the appeal and grant or deny the appeal if the imposition of the charge is not within the intent of the resolution or Proposition 218 (California Constitution, Article XIIID). The City Manager may appoint a hearing officer to review the facts. This section shall not be interpreted to be a waiver of the general statute of limitations for the imposition of the residential trash rate established in this resolution.

3. PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Fountain Valley this day of , 2013.

ATTEST:

City Clerk, Rick Miller Mayor, Kim Constantine
APPROVED AS TO FORM:

City Attorney, Colin Burns

Proposed Standard Residential Monthly Rate
Current Rate Proposed Rate
Trash: $21.46 $22.45
MRF rate: $ 3.45 $ 3.61
Admin
f* $ 1.34 $ 1.34
Total: $26.25 $27.40
*Admin fee billed to residents by the City to cover City’s administrative costs. The City opted not to increase the administration fee at this time.

Effective Date Proposed 5-Year Residential Trash Collection Rates (per dwelling unit per month)
January 18, 2023 $27.40
January 1, 2024 $27.40 plus/minus 2023 CPI for Garbage and Trash January 1, 2025 2024 rate plus/minus 2024 CPI for Garbage and Trash January 1, 2026 2025 rate plus/minus 2025 CPI for Garbage and Trash January 1, 2027 2026 rate plus/minus 2026 CPI for Garbage and Trash Proposed Senior Citizen Discount Residential Monthly Rate (62 years and above)
Current Rate Proposed Rate
Trash: $18.24 $19.08
MRF rate: $ 3.45 $ 3.61
Admin
f*
$ 1.34 $ 1.34
Total: $23.03 $24.03
*Admin fee billed to residents by the City to cover City’s administrative costs. The City opted not to increase the administration fee at this time.

Effective Date Proposed 5-Year Senior Citizen Discount
Residential Trash Collection
January 18, 2023 $24.03
January 1, 2024 $24.03 plus/minus 2018 CPI for Garbage and Trash January 1, 2025 2024 rate plus/minus 2024 CPI for Garbage and Trash January 1, 2026 2025 rate plus/minus 2025 CPI for Garbage and Trash January 1, 2027 2026 rate plus/minus 2026 CPI for Garbage and Trash

NOTICE OF PROPOSITION 218 PROTEST

HEARING REGARDING PROPOSED

RESIDENTIAL TRASH COLLECTION RATE

INCREASES
NOTICE is hereby given that the Fountain Valley City Council will conduct a public hearing on Tuesday, January 17, at 6:00 p.m., in the City Council Chambers, 10200 Slater Avenue, Fountain Valley, to consider annual CPI adjustments to
residential trash collection rates established in the solid waste handling services contract between the City and Republic Services. If approved, the new rate becomes effective January 18, 2023. The pending rate adjustment is based on the annual CPI Index for Garbage and Trash Collection published by the U.S. Department of Labor which has increased 4.63% over the past year.

The proposed CPI adjustment, to become effective January 18, 2023 and each January 1 thereafter over a 5-year period, was requested by Republic Services in accordance with the terms of the contract between Repubic and the City of Fountain Valley. The contract authorizes annual adjustments to service rates based on the change in CPI. The last adjustment would occur effective January 1, 2027. The monthly charges are charged bimonthly and collected through water bills. Revenue generated will fund all costs associated with residential trash collection, disposal and processing, as well as compliance with regulatory agency requirements.

Questions or comments regarding the proposed rate may be directed to the City of Fountain Valley Public Works Department at (714) 593-4441 or e-mailed to [email protected].

Under Proposition 218, protests to the proposed increase in residential trash collection rates must be delivered in writing to the City Clerk, the City of Fountain Valley, 10200 Slater Avenue, Fountain Valley, CA, 92708, prior to the conclusion of the Public Protest Hearing on January 17, 2023. Please include the Fountain Valley address of the affected property with any correspondence.

Proposed Standard Residential Monthly Rate
Current Rate Proposed Rate
Trash: $21.46 $22.45
MRF rate: $ 3.45 $ 3.61
Admin fee*: $ 1.34 $ 1.34
Total: $26.25 $27.40
*Admin fee billed to residents by the City to cover City’s administrative costs.

Effective Date Proposed 5-Year Residential Trash Collection Rates (per dwelling unit per month)
January 18, 2023 $27.40
January 1, 2024 $27.40 plus/minus 2023 CPI for Garbage and Trash January 1, 2025 2024 rate plus/minus 2024 CPI for Garbage and Trash January 1, 2026 2025 rate plus/minus 2025 CPI for Garbage and Trash January 1, 2027 2026 rate plus/minus 2026 CPI for Garbage and Trash Proposed Senior Citizen Discount Residential Monthly Rate (62 years and above)
Current Rate Proposed Rate
Trash: $18.24 $19.08
MRF rate: $ 3.45 $ 3.61
Admin fee*: $ 1.34 $ 1.34
Total: $23.03 $24.03
*Admin fee billed to residents by the City to cover City’s administrative costs.

Effective Date Proposed 5-Year Senior Citizen Discount
Residential Trash Collection
January 18, 2023 $24.03
January 1, 2024 $24.03 plus/minus 2018 CPI for Garbage and Trash January 1, 2025 2024 rate plus/minus 2024 CPI for Garbage and Trash January 1, 2026 2025 rate plus/minus 2025 CPI for Garbage and Trash January 1, 2027 2026 rate plus/minus 2026 CPI for Garbage and Trash

CITY OF FOUNTAIN VALLEY
10200 Slater Avenue
Fountain Valley, CA 92708-4736
Resident
Billing Address
Fountain Valley, CA 92708

Date: 11/8/2022
Quote
8223
Name / Address
17121 Nichols Lane
Huntington Beach, CA 92647
Attn: Debbie Killey
Ship To
InfoSend, Inc.
4240 E. La Palma Ave.

Anaheim, CA 92807 Account # P.O. No.

REPSER-0...

Contact: Debbie Killey
Contact Phone:

Contact Email:

Artwork: PDF
Proof: PDF
Title: Prop 218
Target Mail Date: TBD
Description of Mailing: Selfmailer
Estimate Only
(714) 993-2690
Total
Subtotal
Sales Tax (7.75%)
Approved By: _________________________________
Terms & Conditions
Prices subject to change upon receipt of artwork if not provided at time of estimate. Any changes in original copy after proofing may be charged at lnfoSend's rate of $95/hour in addition to the quoted price. Any quotes given without samples or actual specifications are subject to change upon receipt of actual order and specs.

Overruns underruns will not exceed ten (10) percent of the quantity ordered, unless specified otherwise in the quotation. lnfoSend will invoice for the actual quantity within this tolerance. If the Client requires a guaranteed quantity, the percentage of tolerance must be stated at the time of quotation. lnfoSend will produce materials approved in this document. If changes are required before the order has been depleted, the client will be billed for any remaining unused materials. Any remaining unused materials is subject to material cost and will be billed.

Prepared By: Marla Callaghan <[email protected]>
I have read and agreed to the Terms and Condition (Initial Here) _______________ Materials which remain inactive or which have usage suspended will be billed a holding fee of $40 per month during the inactive period and are subject to being invoiced for remaining material cost after 6 months of inactivity. Pricing listed on this quote is valid for 30 days from prepared date.

Item Quantity Description Rate Amount
DC Manual-Paper 14,800 Paper: 8.5x11 Self-mailers on White 60# Offset 0.03 444.00T DC Manual-Data ... Data Processing/Print: CASS, stnd, presort, walk sequence, print 4/4
14,800 0.135 1,998.00T
DC Manual-Maili... Mailing Services: Bindery, sort mail, tab (2) frosted, deliver to Post Office
14,800 0.085 1,258.00
DC Manual-Postage Postage: Marketing Mail rates (2022 rates) Optional First Class: $0.475
14,800 0.20 2,960.00
SET UP FEE Set Up Fee 1 150.00 150.00
Client to Provide (1) list in excel format and print-ready artwork for 8.5x11 Selfmailers
List is saturated to Fountain Valley, CA
6 DAY BUSINESS TURNAROUND
RUSH OPTIONS:
5 DAY RUSH: $500
4 DAY RUSH: $650
3 DAY RUSH: $800
$6,999.26
$6,810.00
$189.26

ATTACHMENT #1
(542.564-518.579)/518.579 = 4.63%

ATTACHMENT #1
(542.564-518.579)/518.579 = 4.63%

April to April (308.302-285.808)/285.808 = 7.87%
Sept to Sept (315.033-292.209)/292.209 = 7.81%

CITY OF FOUNTAIN VALLEY

CITY COUNCIL

COUNCIL ACTION REQUEST
To: Honorable Mayor and Agenda Date: January 17, 2023
Members of the City Council
SUBJECT: Public Hearing and Introduction: Code Amendment No. 22-06 – An Amendment To Fountain Valley Municipal Code 21.08.055 For The Adoption Of An Ordinance For Accessory Dwelling Units (ADUs) In Compliance With State 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 September 28, 2022, Governor Newsom signed into law Assembly Bill (AB) 2221 and Senate Bill (SB) 897 (“New ADU Laws”) that will amend California Government Code 65852.2 and 65852.22 addressing ADU’s starting on January 1, 2023. The New ADU Laws strive to expand standards for ADU’s and provide clarification from the last revisions to the state code. The state ADU revisions include changes to building height, front setbacks, adjustments to application review procedures, additional restrictions on denials, expansion to where Junior Accessory Dwelling Units (JADUs) can be built, new configurations requirements for JADUs, and the allowance for up to four (4) units per lot.

The attached Ordinance has been created in order to preserve what limited authority the City has remaining to regulate ADUs as a result of these new state laws. Some of the local control development standards that are in the existing ADU ordinance, and some new standards, include provisions for building separation, passageway and entrances, development standards such as floor area ratio, landscaping, ratio of second story to first story, balconies and decks, open space, parking, and architectural compatibility.

At the Planning Commission meeting of December 14, 2022, the Planning Commission voted 4-1 approving Resolution No. 22-34 recommending the City Council approve Code Amendment No. 22-06. Staff recommends the City Council conduct a public hearing and introduce the attached Ordinance approving Code Amendment No. 22-06 to amend Fountain Valley Municipal Code (FVMC) 21.08.055 for the adoption of an ordinance for Accessory Dwelling Units (ADUs) in compliance with state law. Additionally, if approved, this Ordinance will supersede the ADU Urgency Ordinance No. 1596 that the City Council adopted on December 20, 2022.

Council Action Request
Code Amendment No. 22-06 Accessory Dwelling Units Ordinance January 17, 2023

DISCUSSION
On September 28, 2022, Governor Newsom signed into law Assembly Bill (AB) 2221 and Senate Bill (SB) 897 (“New ADU Laws”) that will amend California Government Code 65852.2 and 65852.22 addressing ADU’s starting on January 1, 2023. The New ADU Laws strive to expand standards for ADU’s and provide clarification from the last revisions to the state code. Outlined below under “Summary of ADU Revisions” are some of the revisions from AB 2221 and SB 897.

Summary of ADU Revisions
Height Limitations
Local agencies must allow ADUs taller than 16 feet in the following circumstances:
 If located within a half-mile of a major transit stop or high quality transit corridor, a detached ADU that is on a lot with a single-family or multifamily dwelling may be up to 18 feet in height by right, and the ADU can be up to two feet taller (for a maximum of 20 feet) if necessary to match the roof pitch of the ADU to that of the main house. There are no rail, rapid bus transit stations, or ferry terminals in Fountain Valley and no Orange County Transit Authority (OCTA) bus routes (Routes 33, 35, 37, 43, 70, 72, 76, and 543) meet the specific requirements.

Therefore, ADU’s in Fountain Valley will be unaffected by this change and will continue to be limited to 16 feet.
 If a detached ADU is on a lot with an existing or proposed multistory multifamily dwelling, the ADU may be up to 18 feet in height by right, regardless of how close it is to transit.
 An attached ADU may now be up to 25 feet high or as high as a primary dwelling may be under the underlying zone, whichever is lower. A city may still limit the ADU to two stories.

Front Setbacks
 Cities have authority to impose front-yard setbacks on ADUs that are subject to an ADU permit, and that remains generally true, but now a front setback must yield to the extent necessary to enable the construction of an 800 square foot ADU with four-foot side- and rear-yard setbacks.

Adjustments to Application Review Procedures; Additional Restrictions on Denials  If a city denies an ADU application, it must now provide the applicant with a “full set of comments” listing the specific items that are “defective or deficient.” These comments must also describe “how the application can be remedied” by the applicant.
 A demolition permit for a detached garage that is to be replaced with an ADU must now be reviewed with the ADU application and issued at the same time.

Council Action Request
Code Amendment No. 22-06 Accessory Dwelling Units Ordinance January 17, 2023

 Local agencies cannot deny an application to create an ADU solely because corrections are needed to address nonconforming zoning conditions, building code violations, or unpermitted structures elsewhere on the lot that do not present a threat to public health and safety and are not affected by the construction of the ADU. Note that this is only a limit on holding up an ADU to require compliance elsewhere on the property; it does not insulate the property owner from having to come into compliance separately from the ADU.

Expansion of Where JADUs Can be Built; New Configuration Requirements  Under existing state law, a junior accessory dwelling unit (JADU) must be “within the walls” of a proposed or existing single-family dwelling. This has traditionally been understood to include nonlivable space within the primary dwelling structure, such as attached garages. Now the State Legislature has made that expressly clear. The new amendments specify that “enclosed uses within the residence, such as attached garages, are considered part of the proposed or existing single-family residence.” This is more a change in the text of the law (that needs to be reflected in the local ordinance) than it is a substantive change in what the law requires.  In instances where the JADU shares a bathroom with the primary dwelling, local agencies must now require the JADU to have an interior entry to the primary dwelling’s “main living area,” independent of the exterior entrances of the JADU and primary dwelling.

Four Units per Lot
 Under existing state law, a parcel with one existing or proposed single-family dwelling shall contain no more than a total of three dwelling units comprised of:
o one single-family dwelling
o one accessory dwelling unit
o one junior accessory dwelling unit.
 Now the state law states that a parcel with one existing or proposed single-family dwelling shall contain no more than a total of four dwelling units if they are comprised of:
o one single-family dwelling
o one internal accessory dwelling unit
o one junior accessory dwelling unit
o one detached new construction accessory dwelling unit that does not exceed four-foot side and rear yard setbacks with a maximum unit size of 800 square feet and height limitation of 16 feet.

Proposed ADU Ordinance
The proposed Ordinance (Attachment #1) has been created to include the required changes noted above as well as preserve what limited authority the City has remaining to regulate ADU’s and Junior ADU’s as a result of these new state laws. Some of the local control development standards that are in the existing ADU ordinance, and some new standards, include provisions for building separation, passageway and entrances,

Council Action Request
Code Amendment No. 22-06 Accessory Dwelling Units Ordinance January 17, 2023

development standards such as floor area ratio, landscaping, ratio of 2nd story to 1st story, balconies and decks, open space, parking, and architectural compatibility. A summary of these development standards can be found below.

Building Separation
 10-foot interior setback separation between the main residence and a detached ADU.
 The ADU must be clearly subordinate by location and size to the main dwelling.

Passageway and Entrances
 NEW - Entrances for ADU’s must be screened from the public right-of-way.

Stairways serving second story ADU’s must be within the interior of the building.
 A maximum of two entrances may be provided to an accessory dwelling unit in the form of a front entry door and a door, or sliding glass door, located off the main living room area. No separate entry shall be allowed to an individual bedroom.
 No entry to a ground level accessory dwelling unit shall be visible from the public right-of-way.
 The method of screening of any entry shall be architecturally compatible with other onsite development in terms of colors, materials, and architectural style.

Development Standards
 Both detached and attached accessory dwelling units, that are over 800 square feet, shall comply with the residential district general development standards for the property found in Table 2-3 of Section 21.08.040 for each zoning district including floor area ratio, landscaping, ratio of second story to first story, balconies and decks, and open space requirements.

Parking
 Parking requirements for ADU’s may be provided as tandem parking on a driveway.
 Off-street parking shall be permitted in setback areas on an existing or expanded driveway or through tandem parking on an existing or expanded driveway as allowed by this code, unless specific findings are made that parking in setback areas or tandem parking is not feasible based upon specific site or regional topographical or fire and life safety conditions. Front yard setback landscaping requirements of Chapter 21.20 shall apply.  No additional driveway shall be provided on the property to provide parking for an accessory dwelling unit unless the driveway is located on a corner lot subject to review and approval by the public works department.

Council Action Request
Code Amendment No. 22-06 Accessory Dwelling Units Ordinance January 17, 2023

Architectural Compatibility
 The accessory dwelling unit must be architecturally compatible with the existing single-family dwelling on the lot and match the existing single-family dwelling unit in terms of exterior color and material, roof material and color, and types of windows and doors.
 The garage doors of a garage that has been converted to an accessory dwelling unit shall be removed and replaced with a structural wall.  NEW – An attached ADU shall share at least one wall with the main dwelling.

The shared wall shall be at least five feet in length, or half the width of the accessory dwelling unit, whichever is larger.

Maximum Size for ADU’s
 NEW – Maximum 850 square feet for a studio or 1-bedroom detached ADU.  NEW – Maximum 1,000 square feet for a detached ADU with more than 1 bedroom.
 NEW – Maximum unit sizes for attached or detached accessory dwelling unit shall include an existing or proposed garage space if designated for the accessory dwelling unit.

Privacy
 NEW – Windows of an accessory dwelling units located within 5 feet of property line shall be clerestory or frosted windows.

Attics and Basements
 NEW – Habitable attics shall count as a story and shall count toward the total living area size of an ADU.
 NEW – Habitable attics shall only be allowed on one-story attached accessory dwelling units that are limited to two stories total.
 NEW – Non-habitable attics shall be allowed in an attached or detached accessory dwelling unit for storage purposes only with no exterior architectural features, windows, etc. from the attic area.
 NEW – Habitable basements shall not count as a story but shall count toward the total living area size of an accessory dwelling unit.

One of the major changes staff is proposing in the Ordinance is to align the maximum size for detached ADU’s with state code requirements that have been in place for the last three years. State code has, and still does, set size limits for detached ADU’s based on bedroom count as well as establish a maximum size for detached ADU’s. While the wording in the state code for these provisions is confusing, since 2017 the city has set the maximum size of any detached ADU in Fountain Valley to meet the absolute maximum state code size of 1,200 square feet. With an average ADU unit size of 869 square feet, as outlined in Table H-23 of the 2021-2029 City of Fountain Valley Housing Element, staff is proposing to update the maximum size of detached ADU’s to meet the

Council Action Request
Code Amendment No. 22-06 Accessory Dwelling Units Ordinance January 17, 2023

state code requirements of a maximum size of 850 square feet for a studio and 1-bedroom ADU and a maximum size of 1,000 square feet for a detached ADU with more than one bedroom. This update will make Fountain Valley’s ADU Ordinance consistent with state code as well as align with the trends in ADU size for the last five years.

Updating the maximum size for detached ADU’s will however create some legal nonconforming ADU’s in Fountain Valley. Since 2017, there have been 290 proposed and/or finaled ADU’s in the city and out of the 290, there have been only 23 that are larger than 1,000 square feet. If the ADU Ordinance is approved as presented, these units will become legal nonconforming. Legal nonconforming is defined as a use or structure that was created legally under the code at the time it was approved or constructed, but now that the code has changed the use or structure is no longer compliant with the code.

These ADU’s would only lose their legal nonconforming status if they were destroyed beyond 50%. FVMC 21.56.040(b) states the following:
“(b) Termination by Destruction.
(1) Involuntarily Damaged. If a nonconforming structure, or a conforming structure used for a nonconforming use, is involuntarily damaged, destroyed or demolished due to a catastrophic event (e.g., explosion, fire or other casualty, or by act of God, or by act of war), the right to continue occupancy of the nonconforming structure or to continue the nonconforming use, shall cease.
(2) Costs. The structure may be repaired or rebuilt and reoccupied only if the cost of repairing or replacing the damaged portion of the structure does not exceed fifty percent of the current value of the structure, immediately before the damage or destruction.” State law requires that all local ADU ordinances be sent to the Department of Housing and Community Development (HCD) within 60 days after adoption. After adoption of an ordinance, HCD may submit written findings to the local agency as to whether the ordinance complies with state law. If HCD finds that the local agency’s ordinance does not comply with state law, HCD will notify the local agency and will provide the local agency with a reasonable time, no longer than 30 days, to respond to the findings before taking any other action authorized by state law.

If the local agency does not amend its ordinance in response to the HCD’s findings or does not adopt a resolution with findings explaining the reason the ordinance complies with state law and addressing HCD’s findings, HCD shall notify the local agency and may notify the Attorney General that the local agency is in violation of state law.

The attached ordinance has been created in order to preserve what limited authority the City has remaining to regulate ADUs as a result of these new state laws. If the City Council chooses to not adopt this proposed ordinance, it may lose its ability to enforce design or other standards, and the City could be required to approve ADUs that may be directly inconsistent with the City’s development standards, and the City could be subject to litigation.

Council Action Request
Code Amendment No. 22-06 Accessory Dwelling Units Ordinance January 17, 2023

General Plan Consistency
The proposed ordinance will promote and encourage the development of a variety of housing opportunities to accommodate current and projected households by promoting the construction of additional dwelling units to accommodate Fountain Valley’s share of regional housing needs in accordance with adopted land use policies (General Plan Housing Element Goal #1/Policy 1.1). Also, the ordinance will be consistent with California Government Code 65852.2, 65852.22, and Title 21 and would not create any inconsistencies with Title 21, in the case of a title amendment.

FINANCIAL REVIEW
There is no financial impact associated with approving the proposed code amendment.

This Ordinance will preserve what limited authority the City has remaining to regulate ADUs as a result of new state law.

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

ENVIRONMENTAL IMPACT REVIEW
Adoption of this Ordinance is exempt from the California Environmental Quality Act (“CEQA”) under Public Resources Code section 21080.17 [statutory exemption for second unit ordinances]; CEQA Guidelines sections 15282(h) [statutory exemption for second unit ordinances]; 15303 [new construction or small structures] and 15305 [minor alterations to land]. This ordinance is also exempt per CEQA Guidelines section 15061, because this ordinance will not have a significant effect on the environment, because ADU’s will largely constitute infill housing which is exempt from CEQA (Attachment #2).

ATTORNEY REVIEW
The Attorney for the City has reviewed the attached Ordinance.

ALTERNATIVES
Alternative No. 1: Introduce the attached Ordinance approving a categorical exemption per the California Environmental Quality Act (CEQA) and approving Code Amendment No. 22-06 to amend the Fountain Valley Municipal Code (FVMC) Section 21.08.055 for accessory dwelling units.

Alternative No. 2: Do not introduce the attached Ordinance approving a categorical exemption per the California Environmental Quality Act (CEQA) and approving Code Amendment No. 22-06 to amend the Fountain Valley Municipal Code (FVMC) Section 21.08.055 for accessory dwelling units.

Council Action Request
Code Amendment No. 22-06 Accessory Dwelling Units Ordinance January 17, 2023

RECOMMENDATION
Staff is requesting City Council approval of Alternative No. 1 to introduce the attached Ordinance approving a categorical exemption per the California Environmental Quality Act (CEQA) and approving Code Amendment No. 22-06 to amend the Fountain Valley Municipal Code (FVMC) Section 21.08.055 for accessory dwelling units.

Prepared by: Steven Ayers, Principal Planner
Reviewed by: Omar Dadabhoy, Community Development Director Approved by: Maggie Le, City Manager
Attachments:

1. Ordinance for Code Amendment No. 22-06

2. Notice of Exemption

ORDINANCE NO._____

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FOUNTAIN

VALLEY APPROVING A CATEGORICAL EXEMPTION PER THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) AND APPROVING CODE AMENDMENT (CA) NO. 22-06 TO AMEND THE FOUNTAIN VALLEY MUNICIPAL CODE (FVMC) SECTION 21.08.055 FOR ACCESSORY
DWELLING UNITS (ADU’S)
WHEREAS, the Fountain Valley City Council adopted the Development Code Update on December 7, 2000; and
WHEREAS, on December 5, 2017, the Fountain Valley City Council adopted Ordinance No. 1527 approving an ADU ordinance compliant with Assembly Bill (AB) 2299 and Senate Bill (SB) 1069 that amended California Government Code 65852.2 and 65852.22; and
WHEREAS, on March 17, 2020, the Fountain Valley City Council adopted Ordinance No. 1558 approving an ADU ordinance compliant with AB 68, AB 881, SB 13, AB 587, and AB 670 that amended California Government Code 65852.2 and 65852.22; and WHEREAS, in 2022, the California Legislature approved, and Governor Newsom signed into law on September 28, 2022 two new bills (“New ADU Laws”) that, that among other things, amend Government Code Section 65852.2 and 65852.22. These two bill are AB 2221 and SB 897; and
WHEREAS, the new ADU laws take effect on January 1, 2023, and at that time, if the City’s ADU Ordinance does not comply with the New ADU Laws, the City’s ordinance shall become null and void on that date as a matter of law; and WHEREAS, portions of Fountain Valley’s existing ADU Ordinance (Ordinance No. 1558) conflicted with provisions of the New ADU Laws and will become null and void on January 1, 2023; and
WHEREAS, the City of Fountain Valley desires to amend FVMC Section 21.08.055 for the construction of ADU’s and Junior ADU’s (JADU’s) to comply with the amended provisions of Government Code sections 65852.2 and 65852.22; and WHEREAS, the Fountain Valley Planning Commission considered the proposed Code Amendment No. 22-06 at a duly noticed public hearing on December 14, 2022, and by a vote of 4-1 recommended the City Council approve a Categorical exemption per CEQA and approve Code Amendment No. 22-06 to amend FVMC Section 21.08.055 for ADU’s; and WHEREAS, the proposed Code Amendment No. 22-06 has been publicly noticed in accordance with State Law and the Fountain Valley Municipal Code.

SECTION 1
The City Council hereby determines that Code Amendment No. 22-06 is exempt from the California Environmental Quality Act (“CEQA”) under Public Resources Code section 21080.17 [statutory exemption for second unit ordinances]; CEQA Guidelines sections 15282(h) [statutory exemption for second unit ordinances]; 15303 [new construction or small structures] and 15305 [minor alterations to land]. This ordinance is also exempt under CEQA Guidelines section 15061, because this ordinance will not have a significant effect on the environment, because ADUs will largely constitute infill housing which is exempt from CEQA.

SECTION 2
The City Council finds that due notice of the public hearing on January 17, 2023, conducted in the City Council Chambers, 10200 Slater Avenue, Fountain Valley, was given as required by the Fountain Valley Municipal Code, Title 21, and the State of California. Public notice of this hearing and a copy of the Planning Commission agenda were posted at City Hall, Recreation Center and the Fountain Valley Library.

SECTION 3
Pursuant to Fountain Valley Municipal Code section 21.34.050 the City Council does hereby find as follows:

1. The proposed amendment ensures and maintains internal consistency with the actions, goals, objectives and policies of the General Plan, and would not create any inconsistencies with Title 21, in the case of a title amendment. The proposed amendment would promote and encourage the development of a variety of housing opportunities to accommodate current and projected households by promoting the construction of additional dwelling units to accommodate Fountain Valley’s share of regional housing needs in accordance with adopted land use policies (General Plan Housing Element Goal #1/Policy 1.1). Code Amendment No. 22-06 would be consistent with California Government Code 65852.2, 65852.22, and Title 21 and would not create any inconsistencies with Title 21, in the case of a title amendment.

2. The proposed amendment would not be detrimental to the public convenience, health, interest, safety or welfare of the city. The proposed amendment would clearly identify standards that must be met per California Government Code 65852.2 and 65852.22 along with development standards to ensure consistency with the Fountain Valley Municipal Code to ensure public convenience, health, interest, safety, and welfare will be met.

3. The proposed amendment has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA) and the city’s environmental review procedures as addressed in Section 1 above.

4. The proposed amendment is internally consistent with other applicable provisions of Title 21. As noted in finding 1 above, Code Amendment No. 22-06 would update FVMC 21.08.055 to provide internal consistency with other applicable provisions

of Title 21. There are no other known inconsistencies with the proposed amendment and other applicable provisions of Title 21.

SECTION 4
Section 21.08.055 is hereby amended to read as follows:
“…
The following objective standards shall apply to accessory dwelling units. (a) Accessory Dwelling Units Constructed Within Existing Structures. An accessory dwelling unit: (1) attached to, or located within, a proposed or existing single-family dwelling, including attached garages, storage areas or similar uses, or an accessory structure; or (2) constructed in the same location and to the same dimensions as an existing structure that is converted to an accessory dwelling unit or to a portion of an accessory dwelling unit; or (3) attached to, or located within an existing multi-family structure projects shall conform to the following:
(1) Building Permit. Prior to constructing an accessory dwelling unit per this subsection, the applicant must apply for and receive approval of a building permit. The application shall be ministerially considered and approved, without discretionary review or a hearing, notwithstanding Government Code section 65901 or 65906 or regulation of variances or special use permits, and be in compliance with all requirements imposed by subsection (a).
(2) Plan Review. The city shall act on an application to create an accessory dwelling unit under subsection (a) within sixty days from the date the city receives a completed building permit application if there is an existing single-family or multifamily dwelling on the lot. If the application to create an accessory dwelling unit is submitted in conjunction with an application to create a new residential structure on the lot, the city may delay acting on the application for the accessory dwelling unit until the city acts on the application for the new residential structure, but the application to create the accessory dwelling unit shall be considered without discretionary review or hearing. If the applicant requests a delay, the sixty-day time period shall be tolled for the period of the agreed-upon delay. (A) Plan Review. The city shall approve or deny an application to create or serve an accessory dwelling unit under subsection (a) within sixty days from the date the city receives a completed building permit application if there is an existing single-family or multi-family dwelling on the lot. If the application to create or serve an accessory dwelling unit is submitted in conjunction with an application to create a new single-family or multifamily dwelling unit on the lot, the City may delay approving or denying the application for the accessory dwelling unit until the City approves or denies the application to create or serve the new single-family or multifamily dwelling, but the application to create or serve the accessory dwelling unit shall be considered without discretionary review or hearing. If the applicant requests a delay, the sixty-day time period shall be tolled for the period of the agreed-upon delay. If the City has not

approved or denied the completed application within 60 days, the application shall be deemed approved.
(B) Denial. If the permitting agency denies an application for an accessory dwelling submitted pursuant to subdivision (A), the permitting agency shall, within the time period of subparagraph (A), return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant. The permitting agency shall not deny an application for a permit to create an accessory dwelling unit due to the correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and are not affected by the construction of the accessory dwelling unit.
(2) Demolition Permit. A demolition permit for a detached garage that is to be replaced with an accessory dwelling unit shall be reviewed with the application for the accessory dwelling unit and issued at the same time. The permit applicant shall not be required to provide a written notice or posted placard for the demolition of a detached garage that is to be replaced with an accessory dwelling unit, unless the property is located within an architecturally and historically significant historic district. (3) Building Code Requirements. Accessory dwelling units shall be constructed on a permanent foundation and shall be built in compliance with the California Building Code. Accessory dwelling units shall comply with local building code requirements that apply to detached dwellings, except that the construction of an accessory dwelling unit shall not constitute a Group R occupancy change under the local building code, as described in Section 310 of the California Building Code (Title 24 of the California Code of Regulations), unless the building official makes a written finding based on substantial evidence in the record that the construction of the accessory dwelling unit could have a specific, adverse impact on public health and safety. Nothing in this clause shall be interpreted to prevent the City from changing the occupancy code of a space that was unhabitable space or was only permitted for nonresidential use and was subsequently converted for residential use pursuant to this section. (4) Areas Allowed. Accessory dwelling unit(s) shall be permitted on a residentially zoned parcel with one existing or proposed single-family dwelling and in multi-family projects as noted in subsection (e).
(5) Number of Accessory Dwelling Units Allowed.
(A) A parcel with one existing or proposed single-family dwelling shall contain no more than a total of three dwelling units comprised of one single-family dwelling, one attached or detached accessory dwelling unit, and one junior accessory dwelling unit; and or
(B) A parcel with one existing or proposed single-family dwelling shall contain no more than a total of four dwelling units if they are comprised of one single-family dwelling, one internal accessory dwelling unit, one junior accessory dwelling unit, and one detached new construction accessory

dwelling unit that does not exceed four-foot side and rear yard setbacks with a maximum unit size of 800 square feet and height limitation of 16 feet; and (BC) In multi-family projects as noted in subsection (e). (6) Access. The accessory dwelling unit shall provide independent exterior access from the existing dwelling.
(7) Cannot be Sold Separately. The accessory dwelling unit may be rented separate from the primary residence but may not be sold or otherwise conveyed separate from the primary residence.
(8) Passageway. No passageway shall be required in conjunction with the construction of an accessory dwelling unit.
(9) Fire Sprinklers. The installation of fire sprinklers shall not be required in an accessory dwelling unit if sprinklers are not required for the primary residence. (10) Utility Connection. Accessory dwelling units shall not be considered by the city to be a new residential use for the purposes of calculating connection fees or capacity charges for utilities, including water and sewer service. The city shall not require the applicant to install a new or separate utility connection directly between the accessory dwelling unit and the utility or impose a related connection fee or capacity charge for an accessory dwelling unit under subsection (a).
(11) Parking. No additional parking spaces shall be required. (12) Minor Expansion. A minor expansion of not more than one hundred fifty square feet beyond the same physical dimensions as the existing accessory structure may be allowed if it is limited to accommodating ingress and egress, there is exterior access from the proposed or existing dwelling, and the side and rear setbacks are sufficient for fire safety.
(13) Rental. If the accessory dwelling unit is available for rent, the rental of the accessory dwelling unit shall be for a term longer than thirty days. (14) Covenant. A covenant containing restrictions that the accessory dwelling unit shall not be sold separately from the main dwelling unit and the rental term of the accessory dwelling unit shall not be less than thirty days shall be recorded with the county recorder’s office. Copies of the recorded covenant shall be filed with the building department and the covenant shall run with the land and shall be binding upon any future owner, heirs, or assigns. Accessory dwelling units created after January 1, 2025, shall be owner occupied and a covenant containing this restriction shall also be recorded for accessory dwelling unit’s created after January 1, 2025. (15) Nonconforming Zoning Conditions. An existing structure converted to an accessory dwelling unit under this section shall not require the correction of any legal nonconformity that may exist on the property as a requirement of approval. Illegal nonconformities shall be subject to Section 21.56.050 “Unlawful uses and structures.”

(16) Impact Fee. An impact fee for the development of an accessory dwelling unit may only be imposed for an accessory dwelling unit of seven hundred fifty square feet or larger and shall be charged proportionately in relation to the square footage of the primary dwelling unit. For purposes of this section, “impact fee” has the same meaning as the term “fee” is defined in subdivision (b) of Section 66000 of the state of California Government Code, except that it also includes fees specified in Section 66477 of the state of California Government Code. “Impact fee” does not include any connection fee or capacity charge charged by a local agency, special district, or water corporation.
(17) Certificate of Occupancy. The city shall not issue a certificate of occupancy for an accessory dwelling unit before a certificate of occupancy has been issued for the primary dwelling.
(18) Entrances. Entrances serving accessory dwelling units shall not be constructed facing directly onto, or parallel to, a front or side yard public street on any building elevation and shall be screened as to not be visible from the public right-of-way.

Staircases for two-story attached accessory dwelling units shall be internal to the building and shall count toward the total square footage of the accessory dwelling unit.

A maximum of two entrances may be provided to an accessory dwelling unit in the form of a front entry door and a door, or sliding glass door, located off the main living room area. No separate entry shall be allowed to an individual bedroom. (b) New Construction Accessory Dwelling Unit Structures. New accessory dwelling unit structures constructed: (1) attached to a proposed or existing single-family dwelling or multifamily dwelling including attached garages, storage areas or similar uses, or an accessory structure; or (2) detached from a proposed or existing single-family dwelling or multi-family dwelling and located on the same lot as the proposed single-family dwelling or multi-family dwelling, including detached garages, main dwelling shall conform to the following:
(1) Building Permit. Prior to constructing a new accessory dwelling unit per this subsection, the applicant must apply for and receive approval of a building permit. The application shall be ministerially considered and approved, without discretionary review or a hearing, notwithstanding Government Code section 65901 or 65906 or regulation of variances or special use permits, and be in compliance with all requirements imposed by subsection (b).
(2) Plan Review. The city shall act on an application to create an accessory dwelling unit under subsection (b) within sixty days from the date the city receives a completed building permit application if there is an existing single-family or multi-family dwelling on the lot. If the application to create an accessory dwelling unit is submitted in conjunction with an application to create a new residential structure on the lot, the city may delay acting on the application for the accessory dwelling unit until the city acts on the application for the new residential structure, but the application to create the accessory dwelling unit shall be considered without discretionary review or hearing. If the applicant requests a delay, the sixty-day time period shall be tolled for the period of the agreed-upon delay.

(A) Plan Review. The city shall approve or deny an application to create or serve an accessory dwelling unit under subsection (b) within sixty days from the date the city receives a completed building permit application if there is an existing single-family or multi-family dwelling on the lot. If the application to create or serve an accessory dwelling unit is submitted in conjunction with an application to create a new single-family or multifamily dwelling unit on the lot, the City may delay approving or denying the application for the accessory dwelling unit until the City approves or denies the application to create or serve the new single-family or multifamily dwelling, but the application to create or serve the accessory dwelling unit shall be considered without discretionary review or hearing. If the applicant requests a delay, the sixty-day time period shall be tolled for the period of the agreed-upon delay. If the City has not approved or denied the completed application within 60 days, the application shall be deemed approved.
(B) Denial. If the permitting agency denies an application for an accessory dwelling submitted pursuant to subdivision (A), the permitting agency shall, within the time period of subparagraph (A), return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant. The permitting agency shall not deny an application for a permit to create an accessory dwelling unit due to the correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and are not affected by the construction of the accessory dwelling unit.
(2) Demolition Permit. A demolition permit for a detached garage that is to be replaced with an accessory dwelling unit shall be reviewed with the application for the accessory dwelling unit and issued at the same time. The permit applicant shall not be required to provide a written notice or posted placard for the demolition of a detached garage that is to be replaced with an accessory dwelling unit, unless the property is located within an architecturally and historically significant historic district. (3) Building Code Requirements. Accessory dwelling units shall be constructed on a permanent foundation and shall be built in compliance with the California Building Code. Accessory dwelling units shall comply with local building code requirements that apply to detached dwellings, except that the construction of an accessory dwelling unit shall not constitute a Group R occupancy change under the local building code, as described in Section 310 of the California Building Code (Title 24 of the California Code of Regulations), unless the building official makes a written finding based on substantial evidence in the record that the construction of the accessory dwelling unit could have a specific, adverse impact on public health and safety. Nothing in this clause shall be interpreted to prevent the City from changing the occupancy code of a space that was unhabitable space or was only permitted for nonresidential use and was subsequently converted for residential use pursuant to this section.

(4) Areas Allowed. New accessory dwelling unit(s) shall be permitted on a residentially zoned parcel with one existing or proposed single-family dwelling and in multi-family projects as noted in subsection (e).
(5) Number of Accessory Dwelling Units Allowed.
(A) A parcel with one existing or proposed single-family dwelling shall contain no more than a total of three dwelling units comprised of one single-family dwelling, one attached or detached accessory dwelling unit, and one junior accessory dwelling unit; and or
(B) A parcel with one existing or proposed single-family dwelling shall contain no more than a total of four dwelling units if they are comprised of one single-family dwelling, one internal accessory dwelling unit, one junior accessory dwelling unit, and one detached new construction accessory dwelling unit that does not exceed four-foot side and rear yard setbacks with a maximum unit size of 800 square feet and height limitation of 16 feet; and (BC) In multi-family projects as noted in subsection (e). (6) Kitchen, Bathroom, and Entrance. The accessory unit shall contain separate kitchen and bathroom facilities and may have a separate entrance from the main dwelling. The unit shall have a minimum gross floor area to accommodate the development of an efficiency unit as defined in Section 17958.1 of the Health and Safety Code.
(7) Cannot be Sold Separately. The accessory dwelling unit may be rented separate from the primary residence but may not be sold or otherwise conveyed separate from the primary residence.
(8) Attached and Detached Accessory Dwelling Units Maximum and Minimum Unit Size. The minimum size of a new accessory dwelling unit shall be two hundred twenty square feet. The maximum size for a new: (A) detached accessory unit shall be one thousand two hundred square feet, and (B) attached accessory dwelling unit shall be fifty percent of the primary residence.
(8) Attached and Detached Accessory Dwelling Units Maximum and Minimum Unit Size.
(A) The minimum size of a new accessory dwelling unit shall be two hundred twenty square feet.
(B) The maximum size for a new detached accessory unit shall be:
(i) 850 square feet; or
(ii) 1,000 square feet for an accessory dwelling unit that provides more than one bedroom.
(C) The maximum size for a new attached accessory dwelling unit shall be fifty percent of the primary residence.

(D) The maximum unit sizes outlined in this section for an attached or detached accessory dwelling unit shall include an existing or proposed garage space if designated for the accessory dwelling unit.
(9) Building Separation for Detached Accessory Dwelling Units. A detached accessory dwelling unit shall be separated from the main dwelling a minimum of ten feet, must be located in the rear yard of the primary dwelling, and must be clearly subordinate by location and size.
(10) Length of Shared Wall for Attached Accessory Dwelling Units. An attached accessory dwelling unit shall share at least one wall with the main dwelling. The shared wall shall be at least five feet in length, or half the width of the accessory dwelling unit, whichever is larger.
(11) Setbacks. A setback of no more than four feet from the side and rear lot lines shall be required for a new accessory dwelling unit.
(12) Passageway and Entrances. No passageway shall be required in conjunction with the construction of an accessory dwelling unit. Entrances and outside stairways serving second story accessory dwelling units shall not be constructed facing directly onto, or parallel to, a front or side yard public street on any building elevation facing a front or side yard public street and shall be screened as to not be visible from the public right-of-way. Staircases for two-story attached accessory dwelling units shall be internal to the building and shall count toward the total square footage of the accessory dwelling unit. Landing areas for outside stairways shall be screened from adjacent side and rear yard properties when adjacent to other single-family homes and cannot be visible from a front or side yard public street. Landing areas that are covered with a roof structure shall be counted toward the seventy percent ratio if attached to the main dwelling. Outside stairways shall adhere to setback requirements of this code.

Besides a door, or sliding glass door located off of the main living area of an accessory dwelling unit, only one main entrance shall be provided with a door to the accessory dwelling unit per each accessory dwelling unit. A maximum of two entrances may be provided to an accessory dwelling unit in the form of a front entry door and a door, or sliding glass door, located off the main living room area. No separate entry shall be allowed to an individual bedroom. No entry to a ground level accessory dwelling unit shall be visible from the public right-of-way. The method of screening of any landing or entry shall be architecturally compatible with other onsite development in terms of colors, materials, and architectural style.
(13) Development Standards. Both detached and attached accessory dwelling units shall comply with the residential district general development standards for the property found in Table 2-3 of Section 21.08.040 for each zoning district including floor area ratio, landscaping, ratio of second story to first story, balconies and decks, and open space requirements. No development standard regarding a zoning clearance or separate zoning review or any other minimum or maximum size for an accessory dwelling unit, size based upon a percentage of the proposed or existing primary dwelling, or limits on lot coverage, floor area ratio, open space, front setbacks, and minimum lot size, for either attached or detached dwellings,landscaping, or open

space shall apply that would not allow permit for at least an new eight hundred square foot, sixteen foot tall accessory dwelling unit with at least four-foot side and rear setbacks.
(14) Privacy. Windows of an accessory dwelling units located within 5 feet of property line shall be clerestory or frosted windows.
(15) Parking. Parking requirements for accessory dwelling units shall be one space per accessory dwelling unit or per bedroom, whichever is less. These spaces may be provided as tandem parking on a driveway. Off-street parking shall be permitted in setback areas on an existing or expanded driveway or through tandem parking on an existing or expanded driveway as allowed by this code, unless specific findings are made that parking in setback areas or tandem parking is not feasible based upon specific site or regional topographical or fire and life safety conditions. Front yard setback landscaping requirements of Chapter 21.20 shall apply. No additional driveway shall be provided on the property to provide parking for an accessory dwelling unit unless the driveway is located on a corner lot subject to review and approval by the public works department. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit, or converted to an accessory dwelling unit, those off-street parking spaces shall not be required to be replaced.
(16) Architectural Compatibility. The accessory dwelling unit must be architecturally compatible with the existing single-family dwelling on the lot and match the existing single-family dwelling unit in terms of exterior color and material, roof material and color, and types of windows and doors. The garage doors of a garage that has been converted to an accessory dwelling unit shall be removed and replaced with a structural wall.
(15) Height. A detached, new construction, accessory dwelling unit shall be restricted to a single-story structure with a maximum height of sixteen feet. An attached new construction, accessory dwelling unit shall not exceed the height limit applied to the main dwelling unit in the underlying zoning district.
(17) Height. Attached and detached accessory dwelling units shall be subject to the following height restrictions:
(A) A detached accessory dwelling unit on a lot with an existing single family or multifamily dwelling unit shall be restricted to a single-story structure with a maximum height of sixteen feet.
(B) A detached accessory dwelling unit on a lot with an existing or proposed single family or multifamily dwelling unit that is within one-half of one mile walking distance of a major transit stop or a high-quality transit corridor, as defined in Section 21155 of the Public Resources Code, shall be restricted to a single-story structure with a maximum height of eighteen feet. An additional two feet in height (for a maximum of twenty feet) shall be allowed to accommodate a roof pitch on the accessory dwelling unit that is aligned with the roof pitch of the primary dwelling unit.

(C) A detached accessory dwelling unit on a lot with an existing or proposed multifamily, multistory dwelling shall be restricted to a single-story structure with a maximum height of eighteen feet.
(D) An attached accessory dwelling unit shall be restricted to a two-story structure with a maximum height of 25 feet.
(18) Attics and Basements. The following standards shall apply to attics and basements of attached and detached accessory dwelling units:
(A) An accessory dwelling unit habitable attic, compliant with the size and height limitations and definition set forth in the California Building Code, shall count as a story and shall count toward the total living area size of an accessory dwelling unit. Habitable attics, as defined in the California Building Code, shall only be allowed on one-story attached accessory dwelling units that are limited to two stories total. Non-habitable attics shall be allowed in an attached or detached accessory dwelling unit for storage purposes only with no exterior architectural features, windows, etc. from the attic area (B) An accessory dwelling unit habitable basement, compliant with the size and height limitations and definition set forth in the California Building Code, shall not count as a story and shall count toward the total living area size of an accessory dwelling unit.
(1619) Fire Sprinklers. The installation of fire sprinklers shall not be required in an accessory dwelling unit if sprinklers are not required for the primary residence unless otherwise required by the current California Fire Code or Fountain Valley Municipal Code.
(1720) Utility Connections. An accessory dwelling unit shall not be considered to be a new residential use for purposes of calculating connection fees or capacity charges for utilities, including water and sewer service, unless the accessory dwelling unit was constructed with a new single-family dwelling. The city may require the applicant to install a new or separate utility connection directly between the accessory dwelling unit and the utility. Consistent with California Government Code Section 66013, the connection may be subject to a connection fee or capacity charge that shall be proportionate to the burden of the proposed accessory dwelling unit, based upon either its square feet or the number of its drainage fixture unit (DFU) values, as defined in the Uniform Plumbing Code adopted and published by the International Association of Plumbing and Mechanical Officials, upon the water or sewer system. This fee or charge shall not exceed the reasonable cost of providing this service. (1821) Impact Fee. An impact fee for the development of an accessory dwelling unit may only be imposed for an accessory dwelling unit of seven hundred fifty square feet or larger and shall be charged proportionately in relation to the square footage of the primary dwelling unit. For purposes of this section, “impact fee” has the same meaning as the term “fee” is defined in subdivision (b) of Section 66000 of the state of California Government Code, except that it also includes fees specified in Section 66477 of the state of California Government Code. “Impact fee” does not include any

connection fee or capacity charge charged by a local agency, special district, or water corporation.
(1922) Rental. If the accessory dwelling unit is available for rent, the rental of the accessory dwelling unit shall be for a term longer than thirty days. (2023) Covenant. A covenant containing restrictions that the accessory dwelling unit shall not be sold separately from the main dwelling unit, and the rental term of the accessory dwelling unit shall not be less than thirty days shall be recorded with the county recorder’s office. Copies of the recorded covenant shall be filed with the building department and the covenant shall run with the land and shall be binding upon any future owner, heirs, or assigns. Accessory dwelling units created after January 1, 2025 shall be owner occupied and a covenant containing this restriction shall also be recorded for accessory dwelling unit’s created after January 1, 2025. (2124) Nonconforming Zoning Conditions. An existing structure converted to an accessory dwelling unit under this section shall not require the correction of any legal nonconformity that may exist on the property as a requirement of approval. Illegal nonconformities shall be subject to Section 21.56.050 “Unlawful uses and structures.” (2225) Certificate of Occupancy. The city shall not issue a certificate of occupancy for an accessory dwelling unit before a certificate of occupancy has been issued for the primary dwelling.
(c) Notwithstanding subsection (a) or (b), parking requirements for an accessory dwelling unit will not be imposed in any of the following instances and upon verifiable proof provided by the applicant:
(1) The accessory dwelling unit is located within one-half mile walking distance of public transit. For the purposes of this section “public transit” shall include any bus stop.
(2) The accessory dwelling unit is located within an architecturally and historically significant historic district.
(3) The accessory dwelling unit is part of the proposed or existing primary residence or an accessory structure.
(4) When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit.
(5) When there is a designated, fixed pick-up or drop-off location for a car share vehicle located within one block of the accessory dwelling unit. (6) When a permit application for an accessory dwelling unit is submitted with a permit application to create a new single-family dwelling or a new multifamily dwelling on the same lot, provided that the accessory dwelling unit or the parcel satisfies any other criteria listed in Section (c).

(d) Junior Accessory Dwelling Units. Junior accessory dwelling units constructed within the existing or proposed space of a single-family dwelling shall conform to the following objective standards:
(1) Building Permit. Prior to constructing a junior accessory dwelling unit per this subsection, the applicant must apply for a building permit. The application shall be considered and approved, without discretionary review or a hearing, notwithstanding Government Code section 65901 or 65906 or regulation of variances or special use permits and be in compliance with all requirements imposed by subsection (d). (2) Plan Review. The city shall act on an application to create a junior accessory dwelling unit under subsection (d) within sixty days from the date the city receives a completed building permit application if there is an existing single-family dwelling on the lot. If the permit application to create a junior accessory dwelling unit is submitted in conjunction with a permit application to create a new single-family dwelling on the lot, the city may delay acting on the permit application for the junior accessory dwelling unit until the city acts on the permit application to create the new single-family dwelling, but the application to create the junior accessory dwelling unit shall be considered without discretionary review or hearing. If the applicant requests a delay, the sixty-day time period shall be tolled for the period of the agreed-upon delay. (A) Plan Review. The city shall approve or deny an application to create or serve a junior accessory dwelling unit under subsection (d) within sixty days from the date the city receives a completed building permit application if there is an existing single-family dwelling on the lot.. If the application to create or serve a junior accessory dwelling unit is submitted in conjunction with an application to create a new single-family or multifamily dwelling unit on the lot, the City may delay approving or denying the application for the junior accessory dwelling unit until the City approves or denies the application to create or serve the new single-family or multifamily dwelling, but the application to create or serve the junior accessory dwelling unit shall be considered without discretionary review or hearing. If the applicant requests a delay, the sixty-day time period shall be tolled for the period of the agreed-upon delay. If the City has not approved or denied the completed application within 60 days, the application shall be deemed approved.
(B) Denial. If the permitting agency denies an application for a junior accessory dwelling submitted pursuant to subdivision (A), the permitting agency shall, within the time period of subparagraph (A), return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant. The permitting agency shall not deny an application for a permit to create a junior accessory dwelling unit due to the correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and are not affected by the construction of the accessory dwelling unit.

(32) Building Code Requirements. Junior accessory dwelling units shall be constructed on a permanent foundation and shall be built in compliance with the California Building Code. Junior accessory dwelling units shall comply with local building code requirements that apply to detached dwellings, except that the construction of an accessory dwelling unit shall not constitute a Group R occupancy change under the local building code, as described in Section 310 of the California Building Code (Title 24 of the California Code of Regulations), unless the building official makes a written finding based on substantial evidence in the record that the construction of the accessory dwelling unit could have a specific, adverse impact on public health and safety. Nothing in this clause shall be interpreted to prevent City from changing the occupancy code of a space that was unhabitable space or was only permitted for nonresidential use and was subsequently converted for residential use pursuant to this section.
(43) Areas Allowed. Junior accessory dwelling units shall be permitted in the R1 and GH residential zones subject to compliance with subsection (d). (54) Number of Junior Accessory Dwelling Units Allowed. Only one junior accessory dwelling unit shall be allowed in any residential zone in addition to a single-family dwelling. No junior accessory dwelling unit shall be permitted on any residential lot already containing three or more dwelling units.
(65) Owner-Occupied. The main dwelling or the junior accessory dwelling unit shall be owner-occupied. Notwithstanding the foregoing, owner-occupancy shall not be required if the owner is another governmental agency, land trust, or housing organization.
(76) Rental. If the junior accessory dwelling unit is available for rent, the rental of the accessory dwelling unit shall be for a term longer than thirty days. (87) Cannot be Sold Separately. The junior accessory dwelling unit may be rented separate from the primary residence, but may not be sold or otherwise conveyed separate from the primary residence.
(98) Maximum and Minimum Size. The junior accessory dwelling unit is restricted to a maximum of five hundred square feet and a minimum size of two hundred twenty square feet.
(109) Constructed within Existing Structures. Junior accessory dwelling units must be constructed within the walls of the proposed or existing single-family residence.

Enclosed uses within the residence, such as attached garages, are considered part of the proposed or existing single-family residence.
(1110) Entrance. A junior accessory dwelling unit must include a separate entrance from the main entrance to the proposed or existing single-family residence. If a junior accessory dwelling unit shares a bathroom with the primary dwelling, the junior accessory dwelling unit must provide an interior entry to the primary dwelling’s main living area independent of the exterior entrance to the junior accessory dwelling unit and primary dwelling.

(1211) Efficiency Kitchen. At a minimum, a junior accessory dwelling unit must include an efficiency kitchen, which shall include a cooking facility with appliances and a food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit.
(1312) Parking. No additional parking shall be required as a condition to grant the building permit.
(1413) Fire or Life Protection. A junior accessory dwelling unit shall not be considered a separate or new dwelling unit for the purpose of any fire or life protection. (1514) Utility Connections. For the purposes of providing service for water, sewer, or power, including a connection fee, a junior accessory dwelling unit shall not be considered a separate or new dwelling unit.
(1615) Nonconforming Zoning Conditions. An existing structure converted to accommodate a junior accessory dwelling unit under this section shall not require the correction of any legal nonconformity that may exist on the property as a requirement of approval. Illegal nonconformities shall be subject to Section 21.56.050 “Unlawful uses and structures.”
(1716) Certificate of Occupancy. The city shall not issue a certificate of occupancy for an accessory dwelling unit before a certificate of occupancy has been issued for the primary dwelling.
(1817) Covenant. A covenant containing restrictions below shall be recorded with the county recorder’s office and copies of the recorded covenant shall be filed with the building department.
(A) Either the main dwelling or the junior accessory dwelling unit shall be owner-occupied except if the owner is a governmental agency, land trust, or housing organization.
(B) The junior accessory dwelling unit shall not be sold separately from the main dwelling unit.
(C) The junior accessory dwelling unit shall be as approved. No changes to the junior accessory dwelling unit shall occur without approval of a new building permit.
(D) The rental term of the accessory dwelling unit shall not be less than thirty days.
(E) This covenant shall run with the land and shall be binding upon any future owners, heirs, or assigns.
(F) The restrictions shall be binding upon any successor in ownership of the property and lack of compliance with this provision may result in legal action against the property owner including revocation of any right to maintain a junior accessory dwelling unit on the property.

(e) Special Regulations for Multi-Family and Mixed-Use Accessory Dwelling Units. In addition to the requirements under subsections (a) through (c), accessory dwelling units attached to, or located within existing multi-family dwelling structures, or new construction accessory dwelling units in a multi-family residential or mixed-use zones shall conform to the following:
(1) At least one accessory dwelling unit shall be allowed within an existing multi-family dwelling and up to twenty-five percent of the existing multi-family dwelling units.

Multiple accessory dwelling units shall be allowed within the portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with state building standards for dwellings. (2) Not more than two accessory dwelling units that are located on a lot that has an existing multi-family dwelling, but are detached from that multi-family dwelling and are subject to a height limit of eighteen sixteen feet and four-foot rear yard and side setbacks shall be allowed. An additional two feet in height shall be allowed to accommodate a roof pitch on the accessory dwelling unit that is aligned with the roof pitch of the primary dwelling unit.
(f) Accessory Dwelling Units Constructed Before January 1, 2018. This section shall not apply to a building that is deemed substandard pursuant to Section 17920.3 of the Health and Safety Code.
(1) Except as provided in subdivision (f) (2), the permitting agency shall not deny a permit for an unpermitted accessory dwelling unit that was constructed before January 1, 2018, due to either of the following:
(A) The accessory dwelling unit is in violation of building standards pursuant to Article 1 (commencing with Section 17960) of Chapter 5 of Part 1.5 of Division 13 of the Health and Safety Code.
(B) The accessory dwelling unit does not comply with Section 65852.2 or any local ordinance regulating accessory dwelling units.
(2) Notwithstanding subdivision (f)(1), the permitting agency may deny a permit for an accessory dwelling unit subject to subdivision (f)(1) if the permitting agency makes a finding that correcting the violation is necessary to protect the health and safety of the public or occupants of the structure.
(fg) Definitions. As used in this section, the following terms mean:
(1) “Accessory dwelling unit” means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multi-family dwelling is or will be situated. An accessory dwelling unit also includes the following:
(A) An efficiency unit.

(B) A manufactured home, as defined in Section 18007 of the Health and Safety Code.
(2) “Accessory structure” means a structure that is accessory and incidental to a dwelling located on the same lot.
(3) “Efficiency unit” has the same meaning as defined in Section 17958.1 of the Health and Safety Code.
(4) “Living area” means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure. (5) “Local agency” means a city, county, or city and county, whether general law or chartered.
(6) “Neighborhood” has the same meaning as set forth in Section 65589.5. (7) “Nonconforming zoning condition” means a physical improvement on a property that does not conform with current zoning standards.
(8) “Objective standards” means standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal. (89) “Passageway” means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit. (10) “Permitting agency” means any entity that is involved in the review of a permit for an accessory dwelling unit or junior accessory dwelling unit and for which there is no substitute, including, but not limited to, applicable planning departments, building departments, utilities, and special districts.
(911) “Proposed dwelling” means a dwelling that is the subject of a permit application and that meets the requirements for permitting.
(1012) “Public transit” means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public. (1113) “Tandem parking” means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another. …
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. When this ordinance becomes effective, Urgency Ordinance No. 1596 shall be null and void.

PASSED, APPROVED AND ADOPTED THIS ___ DAY OF ______, ____.

ATTEST:
________________________ ________________________
Rick Miller, City Clerk Kim Constantine, Mayor

APPROVED AS TO FORM

HARPER & BURNS LLP
___________________________
Attorneys for the City
City of Fountain Valley

CITY OF FOUNTAIN VALLEY
Planning Department
10200 Slater Avenue, Fountain Valley, CA 92708
714-593-4425 – fountainvalley.org
Notice of Exemption_________________________________________________ TO: Office of Planning and Research FROM: City of Fountain Valley P.O. Box 3044, Room 113 10200 Slater Avenue
Sacramento, CA 95812-3044 Fountain Valley, CA 92708
County Clerk
County of Orange
12 Civic Center Plaza
Santa Ana, CA 92701
Project Title: _________________________________________________________________________ Project Location/Address: ______________________________________________________________ Project Activity/Description: _____________________________________________________________ ___________________________________________________________________________________ ___________________________________________________________________________________ ___________________________________________________________________________________ Public Agency Approving Project: City of Fountain Valley, Orange County, California Project Applicant: _____________________________________________________________________ Project Applicant’s Address: ___________________________________Phone Number: ____________ _____________________________________________________________________________ Exempt Status: (check one):

Ministerial (Sec. 21080 (b)(1); 15268);
Declared Emergency (Sec. 21080 (b((3); 15269 (a));
Emergency Project (Sec. 21080 (b)(4); 15269 (b) (c));
Categorical Exemption. State type and section number: _________________________________ Statutory Exemptions. State code number: ___________________________________________ Reasons why project is exempt: __________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ Lead Agency Contact Person: ___________________________ Contact Phone: _____________________________ If filed by applicant:

1. Attach certified document of exemption finding.

2. Has a Notice of Exemption been filed by the public agency approving the project?: Yes No Signature: ________________________________ Date: _____________ Title: ___________________ Signed by Lead Agency Signed by Applicant
Accessory Dwelling Units - Code Amendment No. 22-06
City of Fountain Valley - Citywide
An amendment to the Fountain Valley Municipal Code
(FVMC) Section 21.08.055 for the adoption of an ordinance for accessory dwelling units (ADUs) in compliance with state law.

City of Fountain Valley
10200 Slater Ave., Fountain Valley, CA 92708 (714)593-4425 15303, 15305, 15061
Public Resources Code 21080.17, CEQA 15282(h)
This request is exempt from CEQA under Public Resources Code section 21080.17 {statutory exemption for second unit ordinances]; CEQA Guidelines sections 15282(h) [statutory exemption for second unit ordinances]; 15303 [new construction or small structures] and 15305 [minor alterations to land]. This ordinance is also exempt under CEQA Guidelines section 15061, because this ordinance will not have a significant effect on the environment, because ADUs will largely constitute infill housing which is exempt from CEQA.

Steven Ayers, Principal Planner 714-593-4431

CITY OF FOUNTAIN VALLEY

CITY COUNCIL

COUNCIL ACTION REQUEST
To: Honorable Mayor and Agenda Date: January 17, 2023
Members of the City Council
SUBJECT: Award of Contract to Allegra Consulting, Inc. for Professional Services Three-Year Strategic Goals
☒ Enhance the culture and environment of “A Nice Place to Live” ☒ Attract and retain revenue-producing businesses
☒ Achieve fiscal stability in accordance with the 20-Year Financial Plan ☐ Attract and retain quality staff
☐ Not applicable

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

On November 15, 2022, Staff presented a contract proposal to the City Council from Allegra Consulting, Inc. for professional services to develop a brand identify program for the FVCSP. The City Council requested that the proposal be revised to modify the level of work authorized as a part of the Community Assessment Task from the proposal.

Allegra has amended their cost/fee proposal accordingly, reducing the total contract cost by almost $20,000; staff recommends that the City Council award a contract with Allegra Consulting.

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

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

The purpose of the FVCSP is to create a policy and zoning framework that will allow for additional land-use flexibility. The FVCSP area consists of the approximate 162-acres of light industrial/commercial uses in the southeastern portion of the City.

The land use flexibility is intended to allow property owners and businesses to continue to operate and to provide a design framework in which a community activity center district

Council Action Request
Crossings Branding Project
City Council Meeting January 17, 2023

could be created through private investment. The intent of the FVCSP is not to cause overnight changes but to foster future changes by promoting reinvestment and guide future reuse of the existing industrial business park with a mix of uses including retail, office, residential and industrial uses while providing for streetscape improvements that encourage community connectivity and gathering. The FVCSP includes policy and program components to address proposed building form, height, development standards and strategies for open space, community benefits, and circulation. These standards also effectively define and limit maximum foreseeable future growth that could occur within the FVCSP area.

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

PREVIOUS ACTION:

On November 15, 2022, Staff presented a contract proposal to the City Council from Allegra Consulting, Inc. for professional services to develop a brand identify program for the FVCSP. The City Council requested that the proposal be revised to modify the level of work authorized as a part of the Community Assessment Task from the proposal.

Allegra has amended their cost/fee proposal accordingly, reducing the total contract cost by almost $20,000, to a total of $28,350. The decrease in cost was achieved through a reduction in the outreach conducted in Task 2 and eliminating the design of collateral marketing materials in Task 3.

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

PROCUREMENT:

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

There was a proposal scoring session and a discussion session followed by Cost proposal scoring. The first round was evaluating the proposals on a 10-point system with

Council Action Request
Crossings Branding Project
City Council Meeting January 17, 2023

a weighted score of 800 (80%) in three areas: General Approach & Work Plans, Qualifications & Experience, and References/Past Performances. Next, where all three evaluators discussed weaknesses, strengths and similarities. Throughout the discussion, all three had agreed on the initial scoring and decided to open the costs. Costs were electronically scored through Planetbids with a weighted score of 200 (20%) and added to the Proposal scores to get a complete score.

Allegra is recommended because of their proven expertise, past performance, clear proposal, and even though Allegra was not the lowest bidder there, overall score still indicated that they were the best match for the City’s needs. Another favorable aspect of Allegra was that the City was able to negotiate the pricing with Allegra which brought them lower then what they proposed. Original proposal amount was $75,500 and has been revised to $28,350 as broken down in Attachment #2.

FINANCIAL REVIEW
The total project expenditures required to fund the branding services provided by Allegra is $28,350. The current fiscal year 2022-23 adopted budget does not have funds included for the branding services. The Budget Amendment appropriates $28,350 in increased expenditure appropriations from the General Fund Economic Development Reserve (100.00.0000.33001) unappropriated fund balance into the General Fund Planning Department, Professional Services - Other account (100.30.30300.53004), where the services will be expensed.

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

ALTERNATIVES
Alternative No. 1: Approve the contract for Allegra Consulting, Inc. to provide professional services for the FVCSP Branding Project and a budget amendment of $28,350.

Alternative No. 2: Do not approve the contract for Allegra Consulting, Inc.

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

Council Action Request
Crossings Branding Project
City Council Meeting January 17, 2023

RECOMMENDATION:

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

Prepared by: Matt Jenkins, Senior Planner
Reviewed by: Omar Dadabhoy, Community Development Director Procurement Review by: Amanda McCall, Mgmt. Analyst/ Purchasing Officer Fiscal review by: Ryan Smith, Finance Director
Approved by: Maggie Le, City Manager
Attachments: 1: Allegra Consulting Proposal dated October 11, 2022 2: Allegra Consulting Cost Revision dated 12/01/2022

RFP #22-008

FOUNTAIN VALLEY

CROSSINGS SPECIFIC

PLAN BRANDING

PROJECT
129 North Marengo Ave.

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

Where Brands Evolve

SECTION ONE
Section 1: Transmittal Letter
Where Brands Evolve

ALLEGRA CONSULTING, PASADENA, CA 1

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

Name of Firm Submitting Proposal: Allegra Consulting, Inc.

Understanding:

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

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

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

Team Organization:

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

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

Suzanne Madison

ALLEGRA CONSULTING, PASADENA, CA 3

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

Where Brands Evolve

SECTION TWO
Section 2: Company Experience
Where Brands Evolve

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

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

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

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

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

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

ALLEGRA CONSULTING, PASADENA, CA 7

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

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

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

ALLEGRA CONSULTING, PASADENA, CA 8

Where Brands Evolve

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

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

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

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

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

Led the rebrand of Long Beach Water Department.

ALLEGRA CONSULTING, PASADENA, CA 10

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

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

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

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

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

ALLEGRA CONSULTING, PASADENA, CA 11
Currently working with SCW on the website site map, site development and long-term maintenance program.
• County of Los Angeles, Public Health Department - Public Presentations, Digital Media, and Community Outreach, Monitors social media and digital media performance • City of Pasadena, Redistricting Pasadena, delivering community presentations and working as part of a larger team to build a strategic communications community outreach plan

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

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

SUB CONSULTANTS
• Stan Long, Videographer
• Cameron Carothers Photography

Where Brands Evolve

SECTION FOUR
Section 4: Approach and Schedule
Where Brands Evolve

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Our objectives will be to design a

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

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

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

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

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

Deliverables: Implementation Plan, Budget and Strategy

Where Brands Evolve

SECTION FIVE
Section 5: References
Where Brands Evolve

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

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

Where Brands Evolve
129 North Marengo Ave.

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

1 SECTION #6 COST / FEE – Revised 12/01/2022
(Separate Document)
Line
Item
Description Quantity Unit of Measure Unit Cost Total
Task 1 Communications
Coordination
Coordination and
Client Meetings,
12 12 thirty-minute meetings to
review tasks, goals, and
assignments
$250.00 $3,000.00
Task 1 Study Sessions 2 FV Staff/Leadership Study
Sessions
$2,000.00 $4,000.00
Task 2 Community
Assessment
3 1. Design of 2 Outreach
Collateral Materials; 1-6x9
postcard and 1-11x17 poster
(FV staff to distribute printed
materials to stakeholders and
assist with capturing surveys)

2. QR Code and Link to Survey

3. Online Surveys

4. 5-1on1 Interviews

5. Report & Presentation
$2,500.00 $7,500.00
Task

2.1 Printed Outreach
Materials
11x17 Posters – 10
6x9 Post Cards – 200 Units
$350.00
Task 3 Branding 3 1) Brand Identity
2) Key Messaging
3) Visual Vocabulary
Brand Identity Style Guide
$4,500.00 $13,500.00
TOTAL $28,350.00

HOURLY BILLING RATES
Project Manager $150.00
Project Coordinator $85.00
Communications Manager $95.00

2 Senior Creative Design Director $95.00
Graphic Design Associate $85.00

CITY OF FOUNTAIN VALLEY

CITY COUNCIL

COUNCIL ACTION REQUEST
To: Honorable Mayor and Agenda Date: January 17, 2023
Members of the City Council
SUBJECT: Adopt a Resolution to effect certain changes to the City’s Master Salary Schedule in conformance with Title 2 of the California Code of Regulations section 570.5 and the California Public Employees’ Retirement System 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:

Adopt a Resolution to effect certain changes to the City’s Master Salary Schedule for all represented and unrepresented employee classifications of the City of Fountain Valley, covered by the City’s Classification and Compensation Plan, to conform with Title 2 of the California Code of Regulations Section 570.5, listing all employee pay rates on a publicly available master salary schedule approved and adopted by City Council and superseding all provisions contained in Resolution No. 9854, and all subsequent salary schedule resolutions, which pertain to the Classification and Compensation of city employees.

DISCUSSION:

The City Council of the City of Fountain Valley establishes a basic compensation plan for City employees in all of the classifications of employment.

Adoption of this Resolution (Attachment 1) will supersede all provisions contained in Resolution No. 9854, with the following changes to the City’s Master Salary Schedule:

1. Salary adjustments for eligible classifications to reflect the agreed upon compensation study adjustments effective the pay period including January 1, 2023.

2. Hourly rate adjustments for eligible part-time classifications to reflect the federal and state minimum wage increase effective the pay period including January 1, 2023.

3. Deletion of the part-time classification Lifeguard (T10).

City Council Request
Resolution to Approve City’s Salary Schedule
January 17, 2023

4. Hourly rate adjustments to the part-time classifications of Police Recruit, Firefighter Recruit and Paramedic Recruit per Resolution No. 9623, effective in the pay period including January 1, 2023.

Adoption of this Resolution (Exhibit 1) will comply with CalPERS’ interpretation of the requirements of Title 2 of the California Code of Regulations section 570.5 by affirming the City’s Master Salary Schedule already on the City’s website and publically available and representing all previously approved actions on individual employee classifications set forth as part of the salary schedule.

FISCAL REVIEW:

The current adopted budget includes sufficient funding for this purchase. It will be expensed to the appropriate accounts defined in the FY 22-23 City Budget.

PUBLIC NOTIFICATION:

Not applicable.

ENVIRONMENTAL IMPACT REVIEW:

Not applicable.

ATTORNEY REVIEW:

The Attorney(s) for the City has reviewed and approved the Resolution.

ALTERNATIVES:

Alternative No. 1:

Alternative No. 2:

RECOMMENDATION:

Adopt a Resolution effecting changes to the City’s Master Salary Schedule.

Do not adopt a Resolution effecting changes to the City’s Master Salary Schedule, and provide direction to staff.

Staff recommends the City Council approve the proposed Alternative No. 1, by adopting the attached Resolution, which amends the City’s Salary Schedule to reflect these changes.

Prepared by: Carrie Hanes, Human Resources Director
Reviewed by: Colin Burns, City Attorney
Fiscal review by: Ryan Smith, Finance Director
Approved by: Maggie Le, City Manager
Attachment: 1. Resolution
Exhibits: 1. Salary Schedule

ATTACHMENT 1
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

FOUNTAIN VALLEY RELATING TO THE

CLASSIFICATION AND COMPENSATION

COMPREHENSIVE SALARY SCHEDULE OF CITY

EMPLOYEES AND SUPERSEDING ALL PROVISIONS
CONTAINED IN RESOLUTION NO. 9854 AND ALL

SUBSEQUENT SALARY SCHEDULE RESOLUTIONS,

WHICH PERTAIN TO THE CLASSIFICATION AND
COMPENSATION OF CITY EMPLOYEES.

WHEREAS, the City Council of the City of Fountain Valley hereby establishes a basic compensation plan for City employees in all of the classifications of employment as described in this resolution; and
WHEREAS, representatives of the City Council and the City Manager or the City Manager and representatives of the bargaining groups and unrepresented units noted below periodically negotiate in good faith to reach agreement on benefits and compensation pursuant to Government Code Section 3500 et seq; and Employee Unit Name
Fountain Valley Firefighters’ IAFF Local 4530
Individually Represented Battalion Chiefs
Fountain Valley Police Officers’ Association
Police Officers’ Management Unit
Professional/Technical Unit
Fountain Valley General Employees’ Association
Fountain Valley Municipal Employees’ Association
Individually Represented Professional/Technical Employees Administrative Officers
Part-Time Employees

Resolution of the City Council
Comprehensive Salary Schedule
January 17, 2023
- 2 -
WHEREAS, the City maintains a comprehensive salary resolution of each paid City classification and their corresponding salary range; and WHEREAS, the comprehensive salary resolution is updated periodically to include any negotiated adjustments to the salary range for a classification, title changes to an existing classification, reclassification or deletion of existing classifications, or new classifications; and
WHEREAS, the compensation study results for the miscellaneous employee units have been completed for the Fountain Valley General Employees’ Association, Fountain Valley Municipal Employees’ Association, Individually Represented Professional/Technical, and Administrative Officers ; and WHEREAS, the City has adjusted the salaries for eligible classifications to reflect the agreed upon compensation study adjustments effective the pay period including January 1, 2023, specified in Exhibit 1; and
WHEREAS, the City has adjusted the salaries for eligible part-time classifications to reflect the federal and state minimum wage increase effective the pay period including January 1, 2023, specified in Exhibit 1; and
WHEREAS, the City has deleted the part-time classification of Lifeguard (T10), specified in Exhibit 1; and
WHEREAS, due to the adjustments to the full-time miscellaneous classifications in Fountain Valley General Employees’ Association, and the Fountain Valley Professional and Technical Unit, the part-time equivalent classification’s salaries are to be adjusted accordingly effective the pay period including January 1, 2023, specified in Exhibit 1; and