Fountain Valley City Council
October 3, 2023

City Council Regular Meeting Agenda Page 1 October 3, 2023

AGENDA

CITY COUNCIL/ SUCCESSOR

AGENCY TO THE FOUNTAIN

VALLEY AGENCY

FOR COMMUNITY DEVELOPMENT/

FOUNTAIN VALLEY HOUSING AUTHORITY

Closed Session 5:30 p.m.

Regular Meeting 6:00 p.m.

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

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

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

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

ZOOM LINK INFORMATION
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• 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 Meeting
Time: Oct 3, 2023 06:00 PM Pacific Time (US and Canada) Join Zoom Meeting
https://us02web.zoom.us/j/86106820986?pwd=OFhVeWI5Ri9IRGdIbDc4NDNsc084UT 09 Meeting ID: 861 0682 0986
Passcode: 219993

CLOSED SESSION
CALL TO ORDER 5:30 p.m.

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

1. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Section 54956.9:
(1 potential case - facts and circumstances unknown)

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

INVOCATION Father Joseph Squillacioti - Holy Spirit Catholic Church SALUTE TO THE FLAG Vice Mayor Glenn Grandis

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

ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS

CITY MANAGER / MAYOR UPDATE

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

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

CONSENT CALENDAR
Consent Calendar Items 1 – 9 will be approved simultaneously with one motion, unless separate action/or discussion is requested.

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

2. Receive and File the Draft Minutes of the September 19, 2023 Regular City Council Meeting Page 6

3. Review and Approve the Need to Continue Local Emergency Due to the 2023 Cal Rainstorms Page 18
Recommended Action: Staff recommends that the City Council approve Alternative No. 1:

Review and approve the continued need for the Proclamation of Local Emergency due to the 2023 Cal Rainstorms.

4. Approve the Register of Demands for the period of 9/9/2023 to 9/22/2023. Page 22 Recommended Action: Staff is requesting the City Council approve the Register of Demands for the period of 9/9/2023 to 9/22/2023 representing total payments made of $1,078,237.18.

5. Waive the bidding requirements pursuant to FVMC 2.36.070 Par 4, and award a contract to Cintas Corporation No. 2 in an annual amount not to exceed $19,000 for Uniform Rental, Laundry Services and Facility Services Products Page 33 Recommended Action: Staff is requesting City Council approval of Alternative No. 1 to waive the bidding requirements pursuant to FVMC 2.36.070 Par 4, and award a contract to Cintas Corporation No. 2 in an annual amount not to exceed $19,000 for Uniform Rental, Laundry Services and Facility Services Products through the existing cooperative contract with OMNIA Partners, Public Sector.

6. Second Read and Adoption of An Ordinance Adding Chapters 4.35 Group Homes and

21.29 Group Homes and Amending Section 21.08.030 Residential Zoning District Land Uses and Permit Requirements to the Fountain Valley Municipal Code Page 74 Recommended Action: If the City Council desires to regulate group homes in accordance with the City of Costa Mesa and its ordinance, Staff recommends Alternative No.1: Approve the second read and adoption of an ordinance adding chapters 4.35 Group Homes and 21.29 Group Homes and amending Section 21.08.030 Residential Zoning District Land Uses and Permit Requirements.

7. Second Reading of Code Amendment No. 23-01 - Entitlement Extensions Page 101 Recommended Action: Staff is requesting City Council approval of Alternative No. 1 to adopt the attached Ordinance of the City Council of the City of Fountain Valley approving a Notice of Exemption in accordance with the California Environmental Quality Act (CEQA) and approve Code Amendment No. 23-01 to amend the Fountain Valley Municipal Code (FVMC) Sections 21.54.50 and 21.54.070 regarding entitlement extensions.

8. Second Reading of Code Amendment No. 23-02 - Accessory Dwelling Units Page 113 Recommended Action: Staff is requesting City Council approval of Alternative No. 1 to adopt the attached Ordinance of the City Council of the City of Fountain Valley approving a Notice

9. Adopt a Resolution (1) Reversing the Planning Commission’s Decision to Uphold Issuance of Dish Network’s Administrative Permit, (2) REVOKING THE Administrative Permit, and (3) Affirming the Planning Commission’s Decision to Issue a Stop Work Order Page 139
Recommended Action: Staff recommends the City Council approve Alternative No. 1: Adopt a Resolution (1) Reversing the Planning Commission’s decision to uphold issuance of Dish Network’s Administrative Permit, (2) Revoking the Administrative Permit, and (3) Affirming the Planning Commission’s decision to Issue a Stop Work Order

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
Tonight’s City Council meeting is being adjourned in the Memory of Minh Tam Nguyen.

The next Regular Meeting of the Fountain Valley City Council is October 17, 2023 at 6:00 p.m., in the Fountain Valley Council Chambers, 10200 Slater Avenue, Fountain Valley. of Exemption in accordance with the California Environmental Quality Act (CEQA) and approving Code Amendment No. 23-02 to amend the Fountain Valley Municipal Code (FVMC) Section 21.08.055 for Accessory Dwelling Units (ADU’s).

MINUTES OF THE

CITY COUNCIL/ SUCCESSOR AGENCY TO THE FOUNTAIN

VALLEY AGENCY

FOR COMMUNITY DEVELOPMENT/ FOUNTAIN VALLEY

HOUSING AUTHORITY
Closed Session 4:00 p.m.

Study Session 5:30 p.m.

Regular Meeting 6:00 p.m.

Tuesday, September 19, 2023
Council Chambers

CLOSED SESSION
CALL TO ORDER 4:00 p.m.

PUBLIC COMMENTS (Closed Session matters only)
There were no public comments

1. CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code §54957.6.

Agency Designated Representatives: City Manager, Maggie Le, Finance Director, Ryan Smith, Human Resources Director, Carrie Hanes, Community Development Director / Deputy City Manager, Omar Dadabhoy, Attorney for the City, Colin Burns Employee Organizations: Police Officers' Association (POA), Police Officers' Management Unit (POMU), Fire Association (FVFA), Fountain Valley Municipal Employees Association (Field Services unit), Fountain Valley General Employees Association (FVGEA), Fountain Valley Professional and Technical Employees (P&T), Individually Represented Battalion Chiefs and Individually Represented P&T (IRP&T)
No Reportable Action

2. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION
(Paragraph (1) of subdivision (d) of Section 54956.9)
Name of Case: Johnson v. City of Grants Pass Ninth Circuit Case Nos. 20-35752, 20-35881 - Consider Joinder / Amicus Support
By a 5-0 vote, the City Council voted to support the Amicus

3. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: 16111 Harbor Boulevard (APN: 167-301-04):

City Negotiators: Maggie Le, City Manager; Omar Dadabhoy, Community Development Director/Deputy City Manager; Ryan Smith, Finance Director; Colin Burns, Attorney for the City Negotiating Parties: City of Fountain Valley and Spirit Master Funding IX, LLC

Under Negotiation: Price and terms of payment
No Reportable Action

4. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9: 1 potential case
No Reportable Action

5. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION
Paragraph (1) of subdivision (d) of Section 54956.9
Name of case: City of Costa Mesa v. SoCal Recovery - United States Supreme Court Case No 23-71 (consider providing amicus support)
By a 5-0 vote, the City Council voted to support the Amicus

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

PUBLIC COMMENTS (Study Session matters only)

1. ACC-OC & League of CA Cities Membership Update – Presentation by Meghan Wishner, Management Analyst
Public Comment: Kris Murray
Management Analyst Meghan Wishner presented the membership update to the City Council.

2. Presentation of Community Survey Company Recommendations – Presented by Rob Frizzelle, Community Services Director
Public Comment: Jeff McHenry
Community Services Director Rob Frizzelle presented the various options for the city council to consider. The city council directed staff to do the survey internally, with Vice Mayor Grandis and Mayor Constantine serving as the City Council Subcommittee members.

OPEN SESSION
CALL TO ORDER 6:12 p.m.

INVOCATION Vice Mayor Glenn Grandis
SALUTE TO THE FLAG Council Member Jim Cunneen

CITY COUNCIL/SUCCESSOR AGENCY/HOUSING AUTHORITY/ ROLL CALL

Council Members Present: Cunneen, Harper, Mayor Pro Tem/Vice Chair Grandis, Mayor/Chair Constantine

Council Members Absent: None

ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS
Item 12 – Letters were received from residents after the agenda was published and item 14 included the proposal from Richard Slade and Associates

CITY MANAGER / MAYOR UPDATES
City Manager Maggie Le provided her update.

Mayor Kim Constantine provided her update.

PRESENTATIONS

1. Proclamation Recognizing the Month of September as National Senior Center Month – Presentation by Ben Dieterle, Community Services Supervisor Ben Dieterle presented the Month of September as National Senior Center month while Mayor Constantine presented a proclamation recognizing National Senior Center Month.

2. Proclamation Recognizing the Month of September as Hunger Action Month Mayor Constantine presented a Proclamation recognizing the Month of September as Hunger Action Month

3. Certificate of Recognition for Triston Nguyen for Receiving his Eagle Scout Designation Mayor Constantine presented Triston Nguyen with a certificate of recognition for his achievement in receiving his Eagle Scout Designation

FIRST CITY COUNCIL/ SUCCESSOR AGENCY/ HOUSING AUTHORITY/ PUBLIC COMMENTS (Unscheduled Matters Only)
Rudy Huebner

PUBLIC COMMENTS
(Scheduled Matters Only)

CONSENT CALENDAR
Consent Calendar Items 1 – 8 were approved simultaneously. Item number 6 was pulled from the Consent Calendar and heard as a separate item under the Administrative Items portion of the agenda

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, Harper, Grandis, Constantine
NOES: None
ABSENT: None
ABSTAIN: None

2. Receive and File the Draft Minutes from the August 15, 2023 Regular City Council Meeting ACTION: Move to Receive and File the Draft Minutes from the August 15, 2023 Regular City Council Meeting
MOTION: Grandis SECOND: Cunneen
AYES: Bui, Cunneen, Harper, Grandis, Constantine
NOES: None
ABSENT: None
ABSTAIN: None

3. Approve the Register of Demands for the period of 8/5/2023 to 9/8/2023.

ACTION: Move to Approve the Register of Demands for the period of 8/5/2023 to 9/8/2023.

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

4. City of Fountain Valley Six Month Strategic Objectives Adoption for May 11, 2023 through November 16, 2023
ACTION: Move to Approve the City of Fountain Valley Six Month Strategic Objectives

Adoption for May 11, 2023 through November 16, 2023
MOTION: Grandis SECOND: Cunneen
AYES: Bui, Cunneen, Harper, Grandis, Constantine
NOES: None
ABSENT: None
ABSTAIN: None

5. Approve a resolution to accept the Office of Traffic Safety Selective Traffic Enforcement Program grant money, amend the FY 2023-24 budget COPS/SLES fund in the amount of $60,000 and appropriate an expenditure to incorporate the changes into the FY 2023-24 ACTION: Move to Approve a resolution to accept the Office of Traffic Safety Selective Traffic Enforcement Program grant money, amend the FY 2023-24 budget COPS/SLES fund in the amount of $60,000 and appropriate an expenditure to incorporate the changes into the FY 2023-24
MOTION: Grandis SECOND: Cunneen
AYES: Bui, Cunneen, Harper, Grandis, Constantine
NOES: None
ABSENT: None
ABSTAIN: None

6. Award a contract to Sierra Analytical Labs, Inc. in an amount not to exceed $70,000 annually for Water Quality Testing Services
ACTION: Move to Award a contract to Sierra Analytical Labs, Inc. in an amount not to exceed $70,000 annually for Water Quality Testing Services MOTION: Grandis SECOND: Cunneen
AYES: Bui, Cunneen, Harper, Grandis, Constantine
NOES: None
ABSENT: None
ABSTAIN: None

7. Award a contract to Sierra Analytical Labs, Inc. in an amount not to exceed $25,000 annually for Backflow Testing Services
ACTION: Move to Award a contract to Sierra Analytical Labs, Inc. in an amount not to exceed $25,000 annually for Backflow Testing Services
MOTION: Grandis SECOND: Cunneen

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

8. Adopt a Resolution Authorizing the City Manager to Approve Information Technology Software, Hardware and Professional Service Purchases for Vendors with Multiple Contracts that Cumulatively exceed Fifty Thousand Dollars and to Issue Change Orders of up to $50,000 or 20-percent of the original contract amount, whichever is greater.

ACTION: Move to Adopt a Resolution Authorizing the City Manager to Approve Information Technology Software, Hardware and Professional Service Purchases for Vendors with Multiple Contracts that Cumulatively exceed Fifty Thousand Dollars and to Issue Change Orders of up to $50,000 or 20-percent of the original contract amount, whichever is greater.

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

PUBLIC HEARINGS

9. Public Hearing - FY 2022-23 Community Development Block Grant Consolidated Annual Performance and Evaluation Report
Public Hearing Opened: 6:58 p.m.

No Public Comments
Public Hearing Closed: 6:58 p.m.

ACTION: Move to Approve FY 2022-23 Community Development Block Grant Consolidated Annual Performance and Evaluation Report
MOTION: Grandis SECOND: Constantine
AYES: Bui, Cunneen, Harper, Grandis, Constantine
NOES: None
ABSENT: None
ABSTAIN: None

10. Public Hearing and Introduction: Code Amendment No. 23-01 – An Amendment To Fountain Valley Municipal Code (FVMC) Sections 21.54.050 and 21.54.070 Regarding Entitlement

Extensions
Public Hearing Opened: 7:03 p.m.

Peggy Tabas
Public Hearing Closed: 7:13 p.m.

ACTION: Move to Approve Code Amendment No. 23-01 – An Amendment To Fountain Valley Municipal Code (FVMC) Sections 21.54.050 and 21.54.070 Regarding Entitlement Extensions
MOTION: Bui SECOND: Grandis
AYES: Bui, Cunneen, Harper, Grandis, Constantine
NOES: None
ABSENT: None
ABSTAIN: None

11. Public Hearing and Introduction: Code Amendment No. 23-02 – An Amendment To Fountain Valley Municipal Code Section 21.08.055 For Accessory Dwelling Units (ADU’s) Public Hearing Opened: 7:20 p.m.

George Berg
Public Hearing Closed: 7:26 p.m.

ACTION: Move to Approve Code Amendment No. 23-02 – An Amendment To Fountain Valley Municipal Code Section 21.08.055 For Accessory Dwelling Units (ADU’s) MOTION: Constantine SECOND: Cunneen
AYES: Cunneen, Harper, Grandis, Constantine
NOES: None
ABSENT: None
ABSTAIN: Bui

12. Appeal of Administrative Wireless Communication Facilities Permit 22-09 and Decision to Not Issue a Stop Work Order
Public Hearing Opened: 10:05 p.m.

Evan Jorgensen, Richard Lubchenko, George Berg, Jeff McHenry, Julie Scheppele, Kevin Mills, Tom Rimdzius, Kori Davis, Morgan Gallagher, Laura Giuntoli, Valerie Williams, Public Hearing Closed: 10:32 p.m.

ACTION: Move to reverse the decision of the Planning Commission related to permit 22- 09 and uphold the Planning Commission’s stop work order MOTION: Grandis SECOND: Bui
AYES: Bui, Cunneen, Harper, Grandis, Constantine
NOES: None
ABSENT: None
ABSTAIN: None

13. Introduction and First Read of An Ordinance Adding Chapters 4.35 Group Homes and 21.29 Group Homes and Amending Section 21.08.030 Residential Zoning District Land Uses and Permit Requirements to the Fountain Valley Municipal Code Public Hearing Opened: 11:08 p.m.

Lyle Scheppele, Nicole Baldwin and Jill Tanner
Public Hearing Closed: 11:17 p.m.

ACTION: Move to approve the Introduction and First Read of An Ordinance Adding Chapters 4.35 Group Homes and 21.29 Group Homes and Amending Section

21.08.030 Residential Zoning District Land Uses and Permit Requirements to the Fountain Valley Municipal Code
MOTION: Bui SECOND: Cunneen
AYES: Bui, Cunneen, Harper, Grandis, Constantine
NOES: None
ABSENT: None
ABSTAIN: None

ADMINISTRATIVE ITEMS

14. Well No. 11 – General Pump Company, Inc. Contract Award & Amendment No. 1 to Richard C. Slade & Associates, LLC CON 21-14 and amend paragraph 27 language from (may prove) to (is).

ACTION: Move to approve Well No. 11 – General Pump Company, Inc. Contract Award & Amendment No. 1 to Richard C. Slade & Associates, LLC CON 21-14 MOTION: Constantine SECOND: Grandis
AYES: Bui, Cunneen, Harper, Grandis, Constantine
NOES: None
ABSENT: None

ABSTAIN: None

15. Restated and Amended Joint Powers Agreement for Integrated Law and Justice Agency for Orange County (ILJAOC)
ACTION: Move to approve the Restated and Amended Joint Powers Agreement for Integrated Law and Justice Agency for Orange County (ILJAOC) MOTION: Grandis SECOND: Constantine
AYES: Bui, Cunneen, Harper, Grandis, Constantine
NOES: None
ABSENT: None
ABSTAIN: None

16. Approve Amendment No. 1 to Bear Electrical Solutions, Inc. CON 21-63 (Munis CON 1040) to extend the street light maintenance and repair services contract term for an additional two (2) year term.

ACTION: Move to approve Amendment No. 1 to Bear Electrical Solutions, Inc. CON 21- 63 (Munis CON 1040) to extend the street light maintenance and repair services contract term for an additional two (2) year term.

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

COUNCIL MEMBER ITEMS FOR FUTURE CONSIDERATION
Vice Mayor Grandis requested that the city adjust the traffic flow on the Brookhurst Street Bridge. 2nd by Council Member Bui
Council Member Bui requested that the ADU Ordinance be brought back to adjust the size of ADU’s. 2 nd by Mayor Constantine

CITY COUNCIL/ SUCCESSOR AGENCY/ HOUSING AUTHORITY/ PUBLIC COMMENTS (Unscheduled Matters Only)
None
CITY COUNCIL/SUCCESSOR AGENCY/HOUSING AUTHORITY AB 1234/GENERAL COMMENTS Council Member Bui
July 19 Attended the JPIA Annual Board meeting

July 20 Attended the OC Fair Ribbon Cutting
July 26 Attended the OC ADA Summer Mixer
August 30 Attended the JPIA Risk Management Conference
September 6 Attended the Health and Wellness Fair
September 8 Attended the Sober Living Task Force meeting September 9 Attended the Lobster Fest
September 13 Attended the City Council and staff bowling event at Fountain Bowl September 14 Attended the OC Waste Mangement meeting
September 15 Attended the Fountain Valley Chamber Endless Summer BBQ Council Member Cunneen
September 7 Attended the Mayors Breakfast
September 9 Attended the Lobster Fest opening ceremonies September 13 Attended the City Council and staff bowling event at Fountain Bowl September 19 Attended the opening photo opportunity at the Ward Street Bridge Mayor Pro Tem Grandis
August 16 Attended the PCTA Board Meeting and Kiwanis Board Meeting August 17 Attended the Community Foundation Board/volunteer meeting August 22 Attended the community event with congresswoman Steele and the Boys and Girls Club Board Meeting
August 23 Attended the OC Sanitation District Executive Board Meeting August 24 Attended the OC Cities Division meeting as the Division 1 representative August 30-31 Attended the JPIA Risk management Conference September 2 Attended the Kelly Osborn Memorial Golf Tournament September 7 Attended the Mayors Breakfast
September 8 Attended the Lobster Festival
September 13 Attended the Bowling Team Building with City Staff and the OC Sanitation Board Meeting
September 14 Attended the fishing with OC Sanitation research vessel and the Boys and Girls Club gift giving party
September 15 Attended the Fountain Valley Chamber Endless Summer BBQ Mayor Constantine
August 15th, participated in the PCTA Board Meeting (Public Cable Television Authority) Meeting at Stanton City Hall.

August 16th, participated in the OC Mosquito and Vector Control Board Meeting at OC Mosquito and Vector Control Headquarters in Garden Grove, then attended both the Fountain Valley Community Foundation Board Meeting and Fountain Valley Community Foundation Volunteer Meeting at Founders Village Community and Senior Center.

August 22nd, watched the OC Board of Supervisors Meeting via the County’s website, then attended the Fountain Valley Chamber of Commerce Board Meeting at Coastline College.

August 24th, Attended the Fountain Valley Chamber of Commerce OC Connect Luncheon at Coastline College. The speaker was Weikko Wirta, VP SES Southland Security. He is in charge of

Huntington Beach, Long Beach, and Redondo Beach power plants; participated in a “Getting There:

Understanding ADAS Accessible Routes” webinar, then later participated in the League of California Cities Orange County Division’s Quarterly Meeting and Board Election at the Huntington Beach Senior Center.

August 26th, participated in the “Livable California Teleconference” on Zoom, then attended the Annual Green Valley End of Summer Luau.

August 27th, attended the Fountain Valley Moms End of Summer Kickball / Chili Cookoff Event and voted for the best chili at Cox Elementary School field.

August 29th, attended the Luau Luncheon for senior citizens at Founders Village Community and Senior Center, then the monthly Green Valley Board Meeting in the Green Valley Family Clubhouse.

August 30th, participated in the ACC-OC / California Sober Living and Recovery Task Force Roundtable to discuss OC Grand Jury Report “Welcome to the Neighborhood: Are Cities Responsibly Managing the Integration of Group Homes (Association of California Cities - Orange County) Update on Legal Action Impacting Regulation of Anti-Camping Ordinances via Zoom.

September 2nd, stopped in at the Water Safety Session for Kids, Girl Scout Gold Award Project by Kim Tran at the Green Valley Family Clubhouse. She had copies of her booklet “A Day at the Pool with Jimmy!” for us.

September 6th, attended the well-attended Fountain Valley Health Fair at the Fountain Valley Recreation Center with a nice boxed lunch for all, then the Fountain Valley Regional Hospital surprise recognition event for Adrienne Feilden, Child Life Specialist, then stopped by the LobsterFest while they were setting up — had a nice chat with Jairo, then attended the Housing and Community Development Meeting (HCD) in the evening at City Hall.

September 7th, hosted the 3rd Fountain Valley Mayor’s Breakfast of 2023 and there was a great turnout. The presenters were Jeff Mills and Chris Boucly who provided an update on the I-405 Improvement Project, then stopped by the Billiards Tournament at The Center at Founders Village Community and Senior Center. I later stopped by the set up for this weekend’s LobsterFest at the FV Sports Park.

September 8th, stopped in at the Film Friday for senior citizens. Today’s film was “I Can Only Imagine” at The Center at Founders Village Community and Senior Center, then participated in the Sober Living Task Force Meeting / CASLAR on Zoom, then stopped by the setup for this weekend’s LobsterFest at the FV Sports Park, then attended viewing for longtime resident Augie Lascola at Dilday-Heritage Mortuary in Huntington Beach, then greeted the crowd with my fellow City Council Members at LobsterFest at the Fountain Valley Sports Park. Later, I volunteered as a Greeter / Information person at LobsterFest.

September 9th, attended the funeral service for fellow longtime resident Augie Lascola at DildayHeritage Mortuary in Huntington Beach, then attended the LobsterFest at Fountain Valley Sports Park.

September 10th, attended the last day of LobsterFest at Fountain Valley Sports Park.

September 12th, watched the Orange County Board of Supervisors Meeting on the County’s website.

September 13th, did a ride along with Fountain Valley Police Officer Lee and we visited unhorsed individuals — meeting up with CityNet and more FVPD officers, then participated in a staff bowling event as we welcomed our new Public Works Director Scott Smith at Fountain Bowl.

September 14th, attended the Fountain Valley Friends of the Library Monthly Board Meeting at the Fountain Valley Library, then the Fountain Valley Chamber of Commerce Network at Night at Sports Basement.

September 15th, attended the soft opening of Bagel Now! September 16th, attended the second day of the Bagel Now! Soft opening.

September 18th, attended the Fountain Valley Friends of the Library Volunteer Meeting and Luncheon at the Fountain Valley Library.

September 19th, my fellow City Council Members and I visited the Ward Bridge for a photo opportunity before it reopens.

Council Member Harper
No Report was filed

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

AUTHORITY
Tonight’s City Council meeting is being adjourned in the memory of Augie Lascola and Richard Maurice Cassidy

Mayor Constantine adjourned the meeting at 11:51 pm to the next Meeting of the Fountain Valley City Council on October 3, 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: October 3, 2023
Members of the City Council
SUBJECT: Review and Approve the Need to Continue Local Emergency Due to the 2023 Cal Rainstorms
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 2023 California Rainstorms occurring during the beginning of the year resulted in widespread damage to public facilities. On March 14, 2023, City Staff discovered approximately 500 feet of the Northbound No. 2 lane on Newland Street, south of Ellis Avenue, had a roadway subgrade failure. The Director of Emergency Services declared the Newland Street roadway subgrade failure a local emergency and Council ratified that declaration on April 4, 2023. This item is a review of the need for continuing the local emergency. Staff recommends Council continue the local emergency.

LEGAL BACKGROUND:

The California Emergency Services Act provides that a local emergency may be proclaimed by the City Council or proclaimed by the Director of Emergency Services and ratified by the City Council. (Gov Code 8630.) Whenever a local emergency has been proclaimed, the City Council reviews the need for continuing the local emergency at least once every 60 days until the City Council terminates the local emergency. (Gov Code 8630.) The City Council proclaims the termination of the local emergency at the earliest possible date that conditions warrant. (Gov Code 8630.)

Review of Need to Continue Local Emergency
October 3, 2023

STATUS OF THE LOCAL EMERGENCY:

During the previous Status Update (Status Update # 1), Staff informed:

Date Action
March 14, 2023  During the rain event, pavement settlement/subsidence over a storm drain pipe was observed on Newland Street south of Ellis Avenue.

March 15, 2023  California Dept of Transportation (Caltrans) Office of Federal Program issued an urgent request for Initial Damage Estimate Request for Possible Release of Federal Funds for Emergency March 16, 2023  Engineering submitted an engineer's estimate ($1.2M) for repair of Newland Street.

March 21, 2023  Traffic control devices from vendor were removed and City PW crew replicated the traffic control as the most cost-effective way to protect the area.

March 20, 2023  PW storm drain crew performed a video inspection of the 72-inch diameter reinforced concrete pipe. The video inspection concluded that the storm drain pipe is in good condition.  The pavement subsidence is most likely due to incessant rain and backfill material settlement creating a void.

April 11, 2023  PW staff met with members from the CalOES, FEMA and OC Sheriff emergency services and hosted a site visit to Newland Street pavement failure.
 Assessed and compiled county-wide damages and estimated costs for repair to take to FEMA to assess potential funding.

April 19, 2023  Geotechnical engineer/firm picked up soil samples. Staff is waiting for soil sample results.

May 2, 2023  Staff notified that there may be additional subsidence north of Slater. Staff confirmed pavement subsidence now has expanded to the north of Ellis Ave.

June 2, 2023  Geotechnical engineer’s report and recommendations for Newland South of Ellis submitted to city.

June 15, 2023  Design engineer receives PO for engineering plans and specifications
Status Update # 2
During the next status update, which occurred in July, it was reported that the Geotechnical Engineer found that there was approximately 9’ of natural organic material that became saturated through the rains and believe this to be why the area was settling. The Geotechnical Engineer provided City with a recommended solution, which includes removal of the existing organic soil and replacement with engineered soil and

Review of Need to Continue Local Emergency
October 3, 2023

fabric throughout the length of the deficiency. Engineering services were sought to develop plans to use to seek a contract to begin the subgrade repair.

Further, additional potential deficiencies were also observed on Newland between Slater and Warner. The Geotechnical Engineer was asked to take soil samples in these areas to assess the condition of the subgrade.

Status Update # 3
Since the last status update, the Geotechnical Engineer performed soil testing for the Northern portion of damage on Newland between Slater and Warner. The Geotechnical Engineer found that there was approximately 10’ of natural organic material that became saturated through the rains and believe this to be why the area was settling, similarly to the portion of Newland, South of Ellis. The Geotechnical Engineer’s report and recommendations, for Newland between Slater and Warner, is to be submitted the week of October 2, 2023.

The Engineering team is working with the State Local Assistance Division of Caltrans where Caltrans is helping the city submit the project to CalOES to see if the project is eligible for any type of Federal funding through the State Funding programs.

The Engineering team worked very closely with the design engineer and geotechnical engineer in finding an innovative design and fiscal solutions for the repair and after careful assessment, the most recent design is anticipated to result in a construction cost of approximately $900K - $1M, depending on the bidding climate. This is much less than the early and preliminary estimates.

Current tentative schedule: Engineering plans are anticipated to be completed by midOctober with plans to award a construction contract in November. Construction is anticipated to start as soon as December 2023. However, if CalOES funding is received there will be a Federalized construction process that will need to be followed and that may potentially delay the estimated project schedule.

NEED FOR CONTINUING THE LOCAL EMERGENCY:

Given the ongoing efforts to remedy Newland Street, as well as the potential expansion of subsidence north of Slater, and the potential for cost recovery, staff recommends the City Council find that there is a need to continue the local emergency.

Further, the declaration of local emergency provides the City with additional liability protection, the ability to take extraordinary action if the need arises, and may provide additional options in seeking cost recovery.

Review of Need to Continue Local Emergency
October 3, 2023

PUBLIC NOTIFICATION:

The standard City Clerk’s agenda notification process was used for this item in compliance with the Ralph M. Brown Act.

ATTORNEY REVIEW:

The Attorney for the City and Project Manager-Associate Engineer prepared this Staff Report.

ALTERNATIVES:

Alternative No. 1: Review and approve the continued need for the Proclamation of Local Emergency due to the 2023 Cal Rainstorms.

Alternative No. 2: Find that there is no need to continue the Local Emergency, in which case the emergency will terminate, and Staff will prepare a resolution for Council approval at the next Council Meeting ratifying the termination of the local emergency.

RECOMMENDATION:

Staff recommends that the City Council approve Alternative No. 1: Review and approve the continued need for the Proclamation of Local Emergency due to the 2023 Cal Rainstorms.

Prepared by: Colin Burns, Attorney for the City
Prepared by: Kyle Hilton, Project Manager-Associate Engineer Reviewed by: Temo Galvez, Deputy Director of Public Works-City Engineer Approved by: Maggie Le, City Manager-Director of Emergency Services

CITY OF FOUNTAIN VALLEY

CITY COUNCIL

COUNCIL ACTION REQUEST
To: Honorable Mayor and Agenda Date: October 3, 2023
Members of the City Council
SUBJECT: City of Fountain Valley Register of Demands for the period of 9/9/2023 to 9/22/2023 Three-Year Strategic Goals
☐ Enhance the culture and environment of “A Nice Place to Live” ☒ Achieve fiscal stability by evaluating processes, and attract and retain revenue producing businesses/opportunities
☐ Attract and retain quality staff through best practices and trends ☐ Maintain, build, and modernize infrastructure to support growth and future needs of the City ☐ Not applicable
EXECUTIVE SUMMARY:

Attached is the Register of Demands for the City of Fountain Valley to be ratified by the City Council.

DISCUSSION:

Pursuant to the State of California’s Government Code 37201 through 37210, the Director of Finance or their designated representative hereby certify to the accuracy of the following demands and to the availability of funds for payment thereof. Demands paid by the city shall be inspected and ratified by the legislative body on the next available Council agenda. The Finance Department has prepared the attached Register of Demands summarizing the City's payments released since the previous City Council meeting.

FINANCIAL ANALYSIS:

The attached Register of Demands represents payments made by the City of Fountain Valley between 9/9/2023 and 9/22/2023 for a total of $1,078,237.18.

ATTORNEY REVIEW:

The Attorney for the City reviewed this staff report and concurs with the recommended action.

PUBLIC NOTIFICATION:

Not applicable.

Register of Demands
October 3, 2023

ALTERNATIVES:

Alternative No. 1: Approve the attached Register of Demands.

Alternative No. 2: Do not approve as presented and provide direction to staff.

RECOMMENDATION:

Staff recommends Alternative No. 1 to approve the attached Register of Demands representing payments made by the City of Fountain Valley between 9/9/2023 and 9/22/2023 for a total of $1,078,237.18.

Prepared by: Ryan Smith, Finance Director
Reviewed by: Colin Burns, City Attorney
Approved by: Maggie Le, City Manager
Attachment 1: Register of Demands 9/9/2023 to 9/22/2023.

Check Date Description Invoice # Amount
09/20/23 CITY PCARDS AUG 2023 4246 0445 5574 3131 17851 39,112.21 TOTAL NON-DEPARTMENTAL 39,112.21
09/13/23 ADMIN CP'S 8/26 - 9/24/23 17505 121.80
TOTAL ADMIN SERVICES 121.80
09/13/23 HR DEPT PSYCH EXAMS 17433 400.00
09/13/23 HR DEPT CELL PHONES 8/26 - 9/25/23 17604 125.34 09/13/23 HR CELL PHONES 7/27-8/26/23 17602 89.86
09/13/23 TEMP SERVICES (8/21-8/27/23) GLASPIE 17457 2,124.48 09/13/23 AUGUST INVESTIGATION SERVICES 17599 6,400.00
09/13/23 AUGUST POLYGRAPH EXAMS 17600 525.00
09/13/23 AUGUST 2023 CLIENT MATTER FO030-00001 17613 2,420.55 09/13/23 AUGUST 2023 CLIENT MATTER FO030-00028 17615 936.50 09/13/23 AUGUST 2023 - CLIENT MATTER FO030-00031 17623 1,846.00 09/13/23 AUGUST 2023 - CLIENT MATTER FO030-00033 17624 102.00 09/20/23 AUGUST 2023 HR DEPT LIVESCAN/FINGERPRINT 17739 392.00 09/20/23 INV 80439129 17723 374.85
09/13/23 TEMP SERVICES (8/28-9/3) GLASPIE 17605 2,688.80 09/13/23 EMPLOYEE SERVICE AWARDS 17517 53.91
09/20/23 TEMP SERVICES (9/04-9/10) GLASPIE 17722 1,593.36 09/13/23 TEMP SERVICES (9/04-9/10) CAMPAGNOLO 17686 1,199.28 09/20/23 AA BATTERIES INV 1GGN-1RDK-MH4N 17754 19.31
09/20/23 OFFICE CLEANING SUPPLIES 17755 22.36
TOTAL HUMAN RESOURCES 21,313.60
09/20/23 ECON DEVELOPMENT SVCS - QTR 4 17673 2,510.00
09/20/23 ECON DEVELOPMENT SVCS - QTR 1 17677 3,500.00
09/20/23 ADVERTISEMENTS-JUN 2023 17711 625.42
09/13/23 8/26-9/25 Cell & Ipads, Plng,Bldg, CDBG CE 17514 161.58 TOTAL PLANNING 6,797.00
09/20/23 OCTOBER 2022 SEWER CONNECTION 17699 (732.58)
09/20/23 JUNE 2023 SEWER CONNECTION 17680 (1,477.76)
09/20/23 OFFICE SUPPLIES - 1DPF-9QQY-L66Y 17747 147.58
09/20/23 OfFICE SUPPLIES - 1LFR-9G1K-JDKK 17748 55.50
09/20/23 OFFICE SUPPLIES-1WGV-71F4-R4V6 17749 74.12
09/13/23 REC CTR/PLNG 8/23 - 9/22/23 17503 38.01
09/13/23 8/26-9/25 Cell & Ipads, Plng,Bldg, CDBG CE 17514 202.15 09/13/23 7/27-8/26 BLDG INSP IPAD 17538 40.24
TOTAL BUILDING & SAFETY (1,652.74)
09/20/23 CRIMPING PLIERS, AND SUPPLIES 17509 162.56
09/20/23 CREDIT *MOP INV# 16GK-G9G4-JVX9 17508 (24.45)
09/20/23 KEY RINGS AND HOLDERS INV# 1DJC-X9VM-PXYX 17507 13.03 TOTAL PURCHASING 151.14
10050550 RIGHTS-OF-WAY
AMAZON 1122
AMAZON 1122
10040401 PURCHASING
AMAZON 1122
VERIZON WIRELESS 2307399
VERIZON WIRELESS 2307497
AT&T MOBILITY 2307392
AMAZON 1122
AMAZON 1122
AMAZON 1122
10030301 BUILDING & SAFETY
OC SANITATION DISTRI 2307578
OC SANITATION DISTRI 2307578
INFOSEND, INC 2307567
VERIZON WIRELESS 2307497
10030300 PLANNING
HINDERLITER, DE LLAM 2307563
HINDERLITER, DE LLAM 2307563
AMAZON 1126
AMAZON 1127
AMAZON 1113
THE INTERSECT GROUP 2307617
THE INTERSECT GROUP 2307481
DEPARTMENT OF JUSTIC 2307550
CONCENTRA MEDICAL CE 2307548
THE INTERSECT GROUP 2307480
LIEBERT, CASSIDY & W 2307448
LIEBERT, CASSIDY & W 2307449
LIEBERT, CASSIDY & W 2307450
GARON WYATT INVESTIG 2307430
D.F.POLYGRAPH 2307415
LIEBERT, CASSIDY & W 2307447
VERIZON WIRELESS 2307501
AT&T MOBILITY 2307409
THE INTERSECT GROUP 2307479
10020200 HUMAN RESOURCES
PSYCHOLOGICAL CONSUL 2307461
10010104 ADMIN SERVICES
VERIZON WIRELESS 2307495
Vendor Check/ACH #
10000000 NON-DEPARTMENTAL
U.S. BANK CORPORATE 1143
City Of Fountain Valley
Register of Demands
9/9/2023 - 9/22/2023
Department

09/20/23 SAFETY BOOTS-J.C. 17668 215.00
09/20/23 RES 1 TO MEDIANS SLEAVES 17660 1,431.52
09/13/23 UNIFORM RENTAL-AUGUST (8-31-23) 17447 3.78
09/13/23 ROWS ELECTRICITY BILL 8/3/23 - 8/31/23 17593 75.84 09/13/23 MEDIANS ELECTRICITY BILL 7/24/23 - 8/31/23 17625 1,198.39 09/20/23 IRRIGATON PARTS FOR MEDIAN MAINT. 17805 3,464.87 TOTAL RIGHTS-OF-WAY 6,389.40
09/13/23 EMERGENCY REMOVAL "EXTRA WORK" AUG 23 17542 855.04 09/13/23 YEARLY PALM TRIMMING OF D-2 AUG 23 17531 4,410.40 09/13/23 YEARLY PALM TRIMMING OF H-2 AUG 23 17524 1,653.90 09/13/23 YEARLY PALM TRIMMING OF J-2 AUG 23 17532 3,638.58 09/13/23 YEARLY PALM TRIMMING LAS FLORES AUG 23 17541 55.13 09/13/23 YEARLY PALM TRIMMING OF E-1 AUG 23 17533 1,874.42 09/13/23 YEARLY PALM TRIMMING F-1 AUG 23 17540 551.30
09/13/23 EMERGENCY REMOVAL "EXTRA WORK" AUG 23 17534 911.28 09/13/23 EMERGENCY REMOVAL "EXTRA WORK" AUG 17537 911.28 09/13/23 NEW TREES FOR SPORTS PARK AUG 23 17547 891.75
09/20/23 TREE REPLACEMENT FOR AUGUST 2023 17654 1,696.50 09/13/23 EMERGENCY REMOVAL "EXTRA WORK" AUG 23 17535 1,670.68 09/20/23 PARKWAY TREE REMOVALS FOR AUG 23 17703 7,087.57 TOTAL TREE MAINTENANCE 26,207.83
09/13/23 PARKS & CIVIC FAC. LANDSCAPE JULY 23 17512 2,940.03 09/13/23 GENERAL MAINTENANCE OF PARKS JULY 23 17550 18,098.06 09/13/23 GRAVEL FOR LIBRARY PATIO AUG 23 17545 327.49
09/13/23 SEED AND FERTILIZER FOR PARKS AUG23 17546 3,326.00 09/13/23 UNIFORM RENTAL-AUGUST (8-31-23) 17447 6.40
09/13/23 IRRIGATION AND PARKS ELECTRICITY AUG 2023 17601 632.69 09/13/23 NIEBLAS PARK ELECTRICITY 8/4/23 - 9/4/23 17594 21.67 09/20/23 IRRIGATION PARTS FOR PARKS/FACILITES MAINT. 17803 3,434.02 TOTAL PARK MAINTENANCE 28,786.36
09/20/23 BRICKS FOR PLANTER 17782 64.17
09/20/23 SIDEWALK REPLACE-16025 CARLETON 17776 306.67
09/20/23 SIDEWALK REPAIR-16025 CARLETON 17779 302.59
09/20/23 CITY HALL JOINT SEAL 17773 846.74
09/20/23 STREET AND LANDSCAPE CELL 17734 288.62
09/20/23 SAFETY BOOTS-L.M. 17802 215.00
09/20/23 PUBLIC WORKS AT&T -(JUL 27 -AUG 26) 17763 48.99 09/20/23 CITY HALL JOINT SEAL 17775 1,592.97
09/20/23 REPLACED SIDEWALK -MASUDA SCHOOL 17797 1,156.02 09/13/23 UNIFORM RENTAL-AUGUST (8-31-23) 17447 4.04
TOTAL CONCRETE MAINTENANCE 4,825.81
09/20/23 SAFETY BOOTS AND INSOLES-C.S. 17669 213.66
09/20/23 SAND FOR STORM-HILARY 17783 383.59
09/20/23 SAFETY BOOTS-R.A. 17796 215.00
09/20/23 SAND FOR STORM-HILARY 17670 569.63
09/20/23 SAND FOR STORM-HILARY 17786 691.65
09/20/23 UTILITY REPAIR=9056 HELM 17661 502.46
09/20/23 SAND FOR STORM-HILARY 17671 1,150.77
09/20/23 UTILITY REPAIR-18376 MT STEWART 17675 327.66
VULCAN MATERIAL COMP 2307635
RESOURCE BUILDING MA 2307601
VULCAN MATERIAL COMP 2307636
RED WING BUSINESS AD 2307597
RESOURCE BUILDING MA 2307600
RESOURCE BUILDING MA 2307604
10050554 PAVEMENT MAINTENANCE
RED WING BUSINESS AD 2307596
RESOURCE BUILDING MA 2307603
ASSOCIATED READY MIX 2307539
CINTAS CORPORATION 6 2307507
RED WING BUSINESS AD 2307598
AT&T MOBILITY 2307540
ROSEBURROUGH TOOL IN 2307608
UNITED RENTALS NORTH 2307621
ROSEBURROUGH TOOL IN 2307607
VERIZON WIRELESS 2307634
10050553 CONCRETE MAINTENANCE
RESOURCE BUILDING MA 2307602
UNITED RENTALS NORTH 2307620
SO CALIF EDISON CO 2307473
JHM SUPPLY, INC 2307568
IMPERIAL SPRINKLER S 2307442
CINTAS CORPORATION 6 2307507
SO CALIF EDISON CO 2307477
MERCHANTS LANDSCAPE 2307394
MERCHANTS LANDSCAPE 2307396
RESOURCE BUILDING MA 2307466
GREAT SCOTT TREE SER 2307561
10050552 PARK MAINTENANCE
A.Y. NURSERY 2307400
A.Y. NURSERY 2307530
GREAT SCOTT TREE SER 2307437
GREAT SCOTT TREE SER 2307439
GREAT SCOTT TREE SER 2307436
GREAT SCOTT TREE SER 2307438
GREAT SCOTT TREE SER 2307434
GREAT SCOTT TREE SER 2307440
GREAT SCOTT TREE SER 2307435
GREAT SCOTT TREE SER 2307441
GREAT SCOTT TREE SER 2307433
GREAT SCOTT TREE SER 2307432
JHM SUPPLY, INC 2307569
10050551 TREE MAINTENANCE
CINTAS CORPORATION 6 2307507
SO CALIF EDISON CO 2307472
SO CALIF EDISON CO 2307478
RED WING BUSINESS AD 2307595
IMPERIAL SPRINKLER S 2307566

09/20/23 PROPANE TANKS 17793 11.56
09/13/23 UNIFORM RENTAL-AUGUST (8-31-23) 17447 16.14
TOTAL PAVEMENT MAINTENANCE 4,082.12
09/13/23 UNIFORM RENTAL-AUGUST (8-31-23) 17447 5.58
TOTAL STORM DRAIN MAINT 5.58
09/13/23 TRUCK ROUTE SIGNS 17084 1,462.69
09/13/23 UNIFORM RENTAL-AUGUST (8-31-23) 17447 3.62
09/13/23 PIN PUNCH 1HKY-V41-LQCG 17449 26.07
TOTAL TRAFFIC CONTROL 1,492.38
09/20/23 SPORTS PARK LANDSCAPE MAINT JULY 23 17513 35,889.48 09/13/23 FERTIGATION SYSTEM MAINTENANCE JULY 23 17515 978.80 09/20/23 MULCH MATRIAL FOR SPORTS PARK 17657 1,674.75
09/20/23 DG MATERIAL FOR STOCK PILE AT SPORTS PARK 17655 837.38 09/20/23 STRAW WATTLES FOR SPORTS PARK 17659 307.05
09/20/23 IRRIGATION SUPPLIES 17658 977.46
09/20/23 BEAUTIFICATION PROJECT ALONG DG PATH 17656 370.00 09/13/23 UNIFORM RENTAL-AUGUST (8-31-23) 17447 3.19
TOTAL RECREATION CENTER 41,038.11
09/13/23 FIRE AVL TRACKERS 8.23.23 - 9.22.23 17562 1,016.08 09/13/23 SHARPENED CUTTERS 17549 43.66
09/13/23 COFFEE LEASE STATION 1 - AUGUST '23 17548 25.64 09/20/23 FIRE CELL PHONES 17720 98.77
09/13/23 STRUCTURAL BOOTS AND GLOVES 17561 690.63
09/13/23 TOLL ROAD ACCOUNT 17567 10.80
09/20/23 IPAD PRO CASE SAIKI - 16DJ-YMKX-TYHX 17558 29.35 09/20/23 NAME BAR - PHOTO PLATES 17713 31.54
09/20/23 DRESS SHIRT - LEE 17717 229.49
09/20/23 DRESS SHIRT - NGUYEN 17718 229.56
09/20/23 1MM3-9XCW-1V4J - BATTERIES 17710 175.40
09/20/23 1TKF-16GY-647F - OFFICE SUPPLIES 17712 13.54
TOTAL FIRE SUPPRESSION 2,594.46
09/13/23 PHENIX FIRE HELMETS 17573 2,605.09
09/20/23 DEIONIZED WATER SYSTEM RENTAL - FIRE
STATION 2
17715 57.87
09/20/23 DEIONIZED WATER SYSTEM RENTAL - FIRE
STATION 1
17716 57.87
TOTAL PARAMEDICS 2,720.83
09/13/23 AMBULANCE AVL TRACKERS 8.23.23 - 9.22.23 17564 152.04 09/13/23 MEDICAL SUPPLIES 17572 257.06
09/13/23 MEDICAL SUPPLIES 17571 1,022.25
09/13/23 AMBULANCE CELL PHONES - 8.26.23 - 9.25.23 17563 83.56 09/13/23 AMBULANCE SERVICES - JULY 2023 SURGE 17574 21,487.50 09/13/23 OXYGEN TANK RENTALS STATION 1 17565 147.25
09/13/23 OXYGEN TANK RENTAL STATION 2 17566 62.00
09/20/23 MEDICAL SUPPLIES 17719 117.45
09/20/23 WITTMAN REFUND FOR JOSEPH BEDNARSKI 17705 130.00 09/20/23 WITTMAN REFUND JOSEPH BEDNARSKI #2 17706 374.05 09/20/23 WITTMAN REFUND DON ALEXANDER 17707 200.00
09/20/23 WITTMAN REFUND CARINA BARBER 17709 3,065.46
TOTAL AMBULANCE SERVICES 27,098.62
AMBULANCE REFUND 2307535
AMBULANCE REFUND 2307537
BOUND TREE MEDICAL 2307542
AMBULANCE REFUND 2307534
AMBULANCE REFUND 2307536
CARE AMBULANCE 1114
SPECTRUM GAS PRODUCT 2307397
SPECTRUM GAS PRODUCT 2307397
BOUND TREE MEDICAL 2307411
BOUND TREE MEDICAL 2307411
VERIZON WIRELESS 2307499
10060602 AMBULANCE SERVICES
VERIZON WIRELESS 2307500
ALLSTAR FIRE EQUIPME 2307403
PURETEC INDUSTRIAL W 2307579
PURETEC INDUSTRIAL W 2307579
AMAZON 1122
10060601 PARAMEDICS
GALLS, LLC 2307557
GALLS, LLC 2307557
AMAZON 1122
TOLL ROADS VIOLATION 2307484
AMAZON 1122
AWARDS & TROPHIES CO 2307541
ARAMARK REFRESHMENT 2307407
VERIZON WIRELESS 2307633
MES MUNICIPAL EMERGE 2307452
10060600 FIRE SUPPRESSION
VERIZON WIRELESS 2307498
RAPCO INDUSTRIES, IN 2307464
GRAINGER, INC. 2307560
CINTAS CORPORATION 6 2307507
AGUINAGA GREEN, INC 2307532
IMPERIAL SPRINKLER S 2307565
IMPERIAL SPRINKLER S 2307564
MERCHANTS LANDSCAPE 2307573
MERCHANTS LANDSCAPE 2307395
AGUINAGA GREEN, INC 2307533
AMAZON 1112
10050558 RECREATION CENTER
10050556 TRAFFIC CONTROL
PACIFIC PRODUCTS 2307459
CINTAS CORPORATION 6 2307507
10050555 STORM DRAIN MAINT
CINTAS CORPORATION 6 2307507
UNITED RENTALS NORTH 2307622
CINTAS CORPORATION 6 2307507

09/20/23 FIRE CELL PHONES 17720 41.78
09/13/23 T. NGUYEN DRESS UNIFORM PANTS 17569 201.26
09/20/23 FIRE FILE STORAGE AUG. 2023 17714 9.00
TOTAL FIRE PREVENTION 252.04
09/13/23 RESERVE STIPENED AUGUST 2023 17559 20.00
TOTAL FIRE RESERVES 20.00
09/20/23 FIRE CELL PHONES 17720 134.74
TOTAL DISASTER PREPAREDNESS 134.74
09/20/23 FIRE CELL PHONES 17720 1.59
TOTAL F.I.R.S.T. 1.59
09/13/23 RACIAL PROFILING PROGRAM REQUIRED BY DOJ 17581 5,500.00 09/13/23 BOOKING FEES JULY 2023 17582 146.00
09/13/23 BATTERY HOLDER & VACUUM 1K31-C7L6-L3M6 17575 132.93 09/13/23 SWIFFER DUST PADS 1DMX-6RPQ-C74P 17580 9.20
09/13/23 YEARLY EXPENSES 2023-2024 17570 4,000.00
09/13/23 PETTY CASH REIMBURSEMENT 090623 17692 246.14
09/20/23 HOTEL/MEALS/MILEAGE WLLE 9/6-9/9/23 17800 804.61 TOTAL PATROL 10,838.88
09/13/23 GPS WARRANT - DR 23-25182 17568 25.00
09/13/23 PETTY CASH REIMBURSEMENT 090623 17692 47.50
TOTAL INVESTIGATION 72.50
09/13/23 CROSSING GUARDS 8/6/23-8/19/23 17577 932.60
09/13/23 DUI CHECKPOINT SUPPLIES 9/1/23 17579 253.47
TOTAL TRAFFIC 1,186.07
09/13/23 NON-EMERGENCY TRANSLATIONS - AUGUST 17578 37.05 TOTAL L.E. COMMUNICATIONS 37.05
09/13/23 PETTY CASH REIMBURSEMENT 090623 17692 125.51
TOTAL CRIME PREVENTION 125.51
09/13/23 STAFF UNIFORMS - ANNETTE/ CHARLOTTE 17589 87.28 09/20/23 RC SUPPLIES 17744 212.40
09/20/23 RC CLEANING SUPPLIES - TOWELS 17745 28.21
09/20/23 RC SUPPLIES - 1YT6-RXHF-3693 17770 379.08
TOTAL RECREATION CENTER 706.97
09/20/23 Adult Softball Championship Shirts 17682 1,373.81 09/20/23 Adult Softball League Umpires (39) Games 17807 1,404.00 TOTAL ATHLETICS 2,777.81
09/13/23 ENTERTAINMENT FOR LUAU LUNCHEON 17590 400.00
09/13/23 SPECIAL EVENT SUPPLIES FOR LUAU LUNCHEON 17500 1,270.10 09/13/23 DESSERT FOR LUAU LUNCHEON 17591 200.00
09/13/23 9943373875 17695 136.29
09/20/23 SC FITNESS ROOM SERVICE & REPAIRS - Sept 17721 185.00 TOTAL SENIOR & COMM CENTER 2,191.39
VERIZON WIRELESS 2307502
S.C. GYM REPAIR 2307609
ISLAND INSPIRATIONS 2307444
LEI JES CATERING 1117
KOERNER, REBEKKAH 2307445
D&B UMPIRES 2307549
10080810 SENIOR & COMM CENTER
10080801 ATHLETICS
MANHATTAN STITCHING 2307571
AMAZON 1124
AMAZON 1125
AMAZON 1128
10080800 RECREATION CENTER
MANHATTAN STITCHING 2307511
10070707 CRIME PREVENTION
PETTY CASH FIELD SER 2307460
10070705 L.E. COMMUNICATIONS
CYRACOM INTERNATIONA 2307414
10070702 TRAFFIC
ALL CITY MANAGEMENT 1106
MOSHER, BRIAN 1118
T-MOBILE USA 2307398
PETTY CASH FIELD SER 2307460
GARCIA, GRISELDA 1135
10070701 INVESTIGATION
AMAZON 1107
FOUNTAIN VALLEY EXPL 2307419
PETTY CASH FIELD SER 2307460
VERITONE, INC 2307492
CITY OF SANTA ANA 2307412
AMAZON 1107
VERIZON WIRELESS 2307633
10070700 PATROL
VERIZON WIRELESS 2307633
10060607 F.I.R.S.T.

DELGADILLO, JUAN P. 1115
10060605 DISASTER PREPAREDNESS
GRM INFORMATION MANA 2307562
10060604 FIRE RESERVES
10060603 FIRE PREVENTION
VERIZON WIRELESS 2307633
GALLS, LLC 2307428

09/20/23 FOUNTAIN PEN PRINTING 2023/24 17780 7,917.70
09/20/23 REFUND FOR 251139-A1 17607 31.00
09/20/23 REFUND FOR 271136-A1 17608 31.00
09/20/23 REFUND FOR 22411-A1 17609 206.00
09/20/23 REFUND FOR 224111-A1 17610 206.00
09/20/23 REFUND FOR 271136-A1 17611 31.00
09/20/23 REFUND FOR 224111-A1 17612 206.00
09/20/23 REFUND FOR 255030-A1 17614 146.00
09/20/23 REFUND FOR 251139-A1 17616 31.00
09/13/23 REFUND FOR 251139-A1 17617 62.00
09/20/23 REFUND FOR STRETCH & FLEX 17681 46.00
09/20/23 REFUND FOR 221200-A1 17724 196.00
09/20/23 REFUND FOR 222042-A1 17725 146.00
09/20/23 REFUND FOR 212043-A1 17727 126.00
09/20/23 REFUND FOR 212043-A1 17728 126.00
09/20/23 REFUND FOR INTEGRAL TAI CHI I 17756 42.00
09/20/23 REFUND FOR STRETCH & FLEX 17778 36.00
09/20/23 REFUND FOR 255031-A1 17769 166.00
TOTAL CONTRACT CLASSES 9,751.70
09/13/23 SPECIAL EVENT SUPPLIES 14923 505.97
TOTAL SPECIAL EVENTS 505.97
09/13/23 MOTOROLA SPILLMAN Year 4 GIS SERVICES 17621 12,000.00 09/20/23 ESO FIRE DEPT SOFTWARE 17795 5,236.40
09/13/23 CITY & PD PHONE LINES 7/9 - 8/8/23 17691 4,109.46 09/13/23 CITY & PD PHONE LINES 8/9 - 9/8/23 17690 4,961.92 09/13/23 SC COMPUTER LAB 8/14 - 9/13/23 17674 229.98
09/13/23 RICOHS LEASED - 8/15 - 9/15/23 17482 2,665.86
09/13/23 MOBILE QUEUING PLATFORM 17463 13,700.00
09/13/23 SERVICE CONTRACT 7/1/23 TO 6/30/24 17467 175.00 09/13/23 ON-SITE SUPPORT E-MAIL CONFIGURE 8 UNITS 17468 1,200.00 09/13/23 CH FIBER 8/31 - 9/30/23 17701 1,975.00
09/20/23 DIGITAL BOXES 9/1 - 9/30/23 17700 167.73
09/13/23 NETWORK PLANNING/DESIGN (OCSD) 17618 2,400.00
09/13/23 CORE SWITCH MIGRATION - INSTALL & CONFIGURE 17619 3,200.00 09/13/23 LOGITECH WIRELESS COMBO MK345 - 4 PACK 17620 343.26 09/13/23 EXCHANGE 2016 MIGRATION TO OFFICE 365 17693 28,000.00 09/13/23 CANDIDATE TEXT MESSAGING 10/2/23 - 3/6/24 17678 387.65 09/20/23 VEEAM BACKUP FOR MICROSOFT OFFICE 365 17792 6,688.00 TOTAL ISF IS ADMIN CAPITAL 87,440.26
09/13/23 IS CELL PHONES 8/29 - 9/28/23 17504 46.78
TOTAL ISF IS 46.78
09/13/23 IMP-HCM 8/1,8/3,8/25 & 8/17 ROBINS-ABRAHAM 17483 5,600.00 09/20/23 IMP-HCM 8/30/23 ANESA ABRAHAM 17702 1,400.00
TOTAL ISF IS FINANCE PRJ NON-REC 7,000.00
09/13/23 INSTALLED NEW WINDOW SHADES 17633 874.06
09/20/23 CLIMATEC ANNUAL TSA AGREEMENT 8/1/23 -
10/31/23
17648 414.09
09/13/23 T-1 METRO NET 8/25 - 9/24/23 17521 701.78
09/20/23 PUBLIC WORKS AT&T -(JUL 27 -AUG 26) 17763 33.91 CLIMATEC, LLC 1129
FRONTIER COMMUNICATI 2307422
AT&T MOBILITY 2307540
11110000 ISF GB CITY HALL
PRINGLES DRAPERIES 2307525
11094001 ISF IS FINANCE PRJ NON-REC
TYLER TECHNOLOGIES 2307485
TYLER TECHNOLOGIES 2307619
11010104 ISF IS
VERIZON WIRELESS 2307494
NEOGOV 2307457
GOLDEN STAR TECHNOLO 1136
NMK CORPORATION 2307458
AMAZON 1107
IMGB SOLUTIONS 2307510
CHARTER COMMUNICATIO 2307521
CHARTER COMMUNICATIO 2307543
NMK CORPORATION 2307458
QLESS, INC 2307462
MULTICARD 2307454
NMK CORPORATION 2307458
TPX COMMUNICATIONS 2307518
CHARTER COMMUNICATIO 2307506
ADVANCED OFFICE / IN 2307401
MOTOROLA SOLUTIONS 2307453
ESO SOLUTIONS, INC 2307553
TPX COMMUNICATIONS 2307518
ULINE 2307486
11010050 ISF IS ADMIN CAPITAL
REC SVCS REFUND 2307592
10080821 SPECIAL EVENTS
REC SVCS REFUND 2307590
COM SVCS REFUND 2307546
COM SVCS REFUND 2307547
REC SVCS REFUND 2307580
REC SVCS REFUND 2307587
REC SVCS REFUND 2307582
REC SVCS REFUND 2307593
REC SVCS REFUND 2307513
COM SVCS REFUND 2307545
REC SVCS REFUND 2307588
REC SVCS REFUND 2307589
REC SVCS REFUND 2307591
REC SVCS REFUND 2307583
REC SVCS REFUND 2307585
REC SVCS REFUND 2307586
10080820 CONTRACT CLASSES
SOUTHWEST OFFSET PRI 2307614
REC SVCS REFUND 2307581

09/13/23 EOC LINES 8/28 - 9/27/23 17528 522.12
09/13/23 NEW LAMPS 17630 1,015.49
09/13/23 SAFETY BOOTS-H.A. 17666 215.00
09/13/23 UNIFORM RENTAL-AUGUST (8-31-23) 17447 62.03
09/13/23 LD SELECT 7/30 - 8/29/23 17694 14.12
09/13/23 METRONET 9/1 - 9/30/23 17696 516.86
09/20/23 JANITORIAL SERVICES CON-19-54 SEPT 23 17704 3,347.93 09/13/23 CITY HALL ELECTRICITY BILL 8/7/23 - 9/5/23 17595 16,237.03 09/20/23 BRAILLE SIGNS 17811 449.13
TOTAL ISF GB CITY HALL 24,403.55
09/13/23 ELEVATOR MAINT SERVICE-CITY YARD SEPT 2023 17643 221.67 09/13/23 RR WATER FILTERS 17627 124.99
09/20/23 CLIMATEC ANNUAL TSA AGMT 8/1/23 - 10/31/23 17648 86.67 09/13/23 CORP YARD ELECTRICITY BILL 8/3/23 - 8/31/23 17592 1,623.16 09/20/23 JANITORIAL SERVICES CON-19-54 SEPT 23 17704 2,700.49 TOTAL ISF GB CITY YARD 4,756.98
09/13/23 FS#1 CKT 8/22 - 9/21/23 17520 27.25
09/13/23 APP DOOR REPAIR 8-21-23 17168 859.90
09/20/23 CLIMATEC ANNUAL TSA AGMT 8/1/23 - 10/31/23 17648 69.02 09/13/23 CKT FS#1 METRONET 9/1 - 9/30/23 17697 43.04
TOTAL ISF GB FS1 999.21
09/13/23 FS#2 CKT METRO 7/20 - 8/19/23 17676 58.10
09/20/23 CLIMATEC ANNUAL TSA AGMT 8/1/23 - 10/31/23 17648 69.01 TOTAL ISF GB FS2 127.11
09/13/23 INSTALLED NEW WINDOW SHADES 17632 170.39
09/13/23 PD DISPATCH FAX 8/13 - 9/12/23 17530 113.15
09/13/23 ELEVATOR MAINT SERVICE-PD SEPT 2023 17642 200.41 09/13/23 ELEVATOR PERMIT ANNUAL 17650 225.00
09/13/23 PD MDC 8/23 - 9/22/23 17506 1,171.65
09/20/23 CLIMATEC ANNUAL TSA AGMT 8/1/23 - 10/31/23 17648 414.09 09/13/23 CENTRA NET 911 8/28 - 9/27/23 17522 319.80
09/13/23 PD DISPATCH 8/28 - 9/27/23 17529 387.93
09/13/23 2 NEW SPRINKLER HEADS 17634 870.00
09/20/23 JANITORIAL SERVICES CON-19-54 SEPT 23 17704 6,960.84 09/13/23 PD ELECTRICITY BILL 8/7/23 - 9/5/23 17596 14,606.59 09/20/23 MOLD CONSULTING SERVICES FOR PD AND IT 17809 975.00 TOTAL ISF GB POLICE DEPARTMENT 26,414.85
09/20/23 CLIMATEC ANNUAL TSA AGMT 8/1/23 - 10/31/23 17648 276.06 09/13/23 SPORTS PARK ELECTRICITY BILL 7/31/23-8/28/23 17452 14.20 09/13/23 REC MAINT BLDG ELEC BILL 7/31/23 - 8/28/23 17454 14.27 09/13/23 REPLACED BAD PLUMBING 17635 3,389.00
09/20/23 JANITORIAL SERVICES CON-19-54 SEPT 23 17704 14,398.21 09/20/23 HEATER PART FOR REC CENTER 17810 6.06
09/13/23 REC CENTER ELECTRICITY BILL 8/7/23 - 9/5/23 17597 356.33 TOTAL ISF GB REC CENTER 18,454.13
09/13/23 NEW LAMPS 17645 35.24
09/13/23 SC MONTHLY PEST CONTROL-AUGUST 2023 17639 137.00 09/20/23 CLIMATEC ANNUAL TSA AGMT 8/1/23 - 10/31/23 17648 276.06 ATR LIGHTING WEST, I 2307410
ROAD RUNNER EXTERMIN 2307517
CLIMATEC, LLC 1129
SO CALIF EDISON CO 2307476
11180001 ISF GB SR CENTER
PROFESSIONAL PLUMBIN 2307526
DMS FACILITY SERVICE 2307551
SMARDAN SUPPLY CO. 2307612
CLIMATEC, LLC 1129
SO CALIF EDISON CO 2307469
SO CALIF EDISON CO 2307470
EXCEL ENVIRONMENTAL 2307554
11180000 ISF GB REC CENTER
TRICOM FIRE & ELECTR 2307527
DMS FACILITY SERVICE 2307551
SO CALIF EDISON CO 2307475
CLIMATEC, LLC 1129
FRONTIER COMMUNICATI 2307423
FRONTIER COMMUNICATI 2307425
AMTECH ELEVATOR SERV 2307405
DEPARTMENT OF INDUST 2307416
VERIZON WIRELESS 2307496
11170000 ISF GB POLICE DEPARTMENT
PRINGLES DRAPERIES 2307512
FRONTIER COMMUNICATI 2307426
AT&T 2307408
CLIMATEC, LLC 1129
FRONTIER COMMUNICATI 2307508
11160002 ISF GB FS2
FRONTIER COMMUNICATI 2307393
AR INDUSTRIES 2307519
CLIMATEC, LLC 1129
DMS FACILITY SERVICE 2307551
11160001 ISF GB FS1
GRAINGER, INC. 2307523
CLIMATEC, LLC 1129
SO CALIF EDISON CO 2307471
11150000 ISF GB CITY YARD
AMTECH ELEVATOR SERV 2307406
DMS FACILITY SERVICE 2307551
SO CALIF EDISON CO 2307474
SIGN DESIGN 2307611
CINTAS CORPORATION 6 2307507
VERIZON SELECT SERVI 2307493
FRONTIER COMMUNICATI 2307427
FRONTIER COMMUNICATI 2307424
ATR LIGHTING WEST, I 2307520
RED WING BUSINESS AD 2307516

09/13/23 PAINT WALL AT SOCIAL HALLS 17637 41.37
09/13/23 ELEVATOR MAINT SERVICE-SENIOR CENTER 17640 188.31 09/20/23 JANITORIAL SERVICES CON-19-54 SEPT 23 17704 5,150.62 09/13/23 SC ELEV & FIRE 9/4 - 10/3/23 17698 295.25
TOTAL ISF GB SR CENTER 6,123.85
09/13/23 SAFETY BOOTS-R.R. 17649 189.63
09/20/23 UNIT 289 CALL OUT SERVICE REPAIR 17758 565.10
09/13/23 PART FOR UNIT 285 TRAILER 17461 705.34
09/20/23 FLEET CELL PHONES-(JULY 26-AUGUST 25) 17732 111.74 09/20/23 PUBLIC WORKS AT&T -(JUL 27 -AUG 26) 17763 15.10 09/13/23 PART FOR UNIT 8922 17552 495.35
09/13/23 PART FOR UNIT 8922 17553 36.49
09/13/23 CHAIN SAW STRING PULLER FOR FS-1 17554 158.33
09/13/23 SAFETY BOOTS-B.T. 17664 165.00
09/13/23 PART FOR UNIT 283 17460 115.55
09/13/23 PART FOR UNIT 8922 17551 62.23
09/13/23 STOCK PARTS 17556 261.83
09/13/23 UNIFORM RENTAL-AUGUST (8-31-23) 17447 68.53
09/13/23 SHOP PROPANE 17555 98.56
09/13/23 DEF FLUID FOR FIRE STATION 1 17557 342.42
09/20/23 SHOP SUPPLY 17767 20.48
09/20/23 STOCK PARTS 17768 35.16
09/20/23 PART FOR UNIT 406 17762 95.35
09/20/23 SHOP SUPPLY 17759 79.78
09/20/23 BULK DIESEL FOR FIRE STATION 1 17760 5,978.05
09/20/23 PARTS FOR UNIT 406 17764 158.35
09/20/23 PARTS FOR UNIT 406 17765 523.37
09/20/23 PART FOR UNIT 8923 17766 140.03
09/20/23 PARTS FOR UNIT 414 17761 103.35
TOTAL PW - FLEET MGMT 10,525.12
09/20/23 CHAIRS FOR RECREATION CENTER 17731 34,227.40
09/20/23 COMPUTER CHAIR - INVOICE# 114W-QKVP-6JTD 17743 187.04 TOTAL ISF EQ R&C CAPITAL 34,414.44
09/21/23 AAF CITY OF FOUNTAIN VALLEY CJPIA ELP 17881 30,000.00 TOTAL ISF CITY SELF INSURANCE 30,000.00
09/11/23 SETTLEMENT/COMPLIANCE AGREEMENT 17603 25,815.00 09/13/23 CITY LEGAL SERVICES: DEFENSE OF CSAC CLAIMS
AND LI
17583 895.58
09/13/23 CITY LEGAL SERVICES: DEFENSE OF CSAC CLAIMS
AND LI
17584 10,712.64
TOTAL SELF INSURANCE 37,423.22
09/13/23 LIFE INSURANCE/LTD/ADD/EAP (09/01/23-9/30/2023) 17432 2,850.97 09/13/23 FVFA LTD FOR OCTOBER 2023 17631 663.00
09/13/23 OCTOBER 2023 PORAC LTD (ACCT 54541) 17689 1,336.50 TOTAL SELF INSURANCE 4,850.47
09/13/23 LIFE INSURANCE/LTD/ADD/EAP (09/01/23-9/30/2023) 17432 1,380.95 09/13/23 ACCT# 607745390 17498 647.05
09/13/23 ACCT# 573679043 17499 100.00
09/20/23 SEPTEMBER 2023 AFLAC ACCT HH049 17708 2,650.74 FRANCHISE TAX BOARD 2307421
AFLAC 2307531
11500000 ISF EMPLOYEE BENEFITS
THE LINCOLN NATIONAL 2307482
FRANCHISE TAX BOARD 2307420
FOUNTAIN VALLEY FIRE 1116
MYERS-STEVENS & TOOH 2307456
11400430 SELF INSURANCE
THE LINCOLN NATIONAL 2307482
WISP.NET 2307391
L/O OF BARBER & BAUE 2307446
L/O OF BARBER & BAUE 2307446
CALIF JOINT POWERS I 1145
11400411 SELF INSURANCE
AMAZON 1123
11400000 ISF CITY SELF INSURANCE
11380053 ISF EQ R&C CAPITAL
MITY-LITE, INC 2307574
FACTORY MOTOR PARTS 2307555
THEODORE ROBINS FORD 2307618
MCPEEK DODGE OF ANAH 2307572
GRAINGER, INC. 2307558
SC FUELS 2307610
FACTORY MOTOR PARTS 2307555
GRAINGER, INC. 2307558
RINCON TRUCK CENTER, 2307605
FACTORY MOTOR PARTS 2307555
CINTAS CORPORATION 6 2307507
UNITED RENTALS NORTH 2307487
RINCON TRUCK CENTER, 2307467
GARDEN GROVE HYUNDAI 2307429
THEODORE ROBINS FORD 2307483
RINCON TRUCK CENTER, 2307467
FACTORY MOTOR PARTS 2307418
ALAN'S LAWNMOWER & G 2307402
RED WING BUSINESS AD 2307515
VERIZON WIRELESS 2307632
AT&T MOBILITY 2307540
FACTORY MOTOR PARTS 2307418
RED WING BUSINESS AD 2307514
COASTLINE EQUIPMENT 2307544
CM WASH EQUIPMENT 2307413
FRONTIER COMMUNICATI 2307509
11250001 PW - FLEET MGMT
DUNN-EDWARDS CORPORA 2307417
AMTECH ELEVATOR SERV 2307404
DMS FACILITY SERVICE 2307551

09/20/23 OCTOBER 2023 DELTACARE HMO 17771 2,224.34
09/20/23 OCTOBER 2023 DELTA DENTAL 17772 10,253.95
09/20/23 2309_VISION_ACTIVE (090123 - 093023) 17804 2,221.48 09/20/23 2309_VISION_COBRA (090123 - 093023) 17806 60.44 09/20/23 ACCT# 573679043 17826 100.00
09/20/23 PR PPE 091523 POL DEDUCTIONS 17828 495.00
09/20/23 PR PPE 091523 DPT & DYD DEDUCTIONS 17829 399.85 09/20/23 PR PPE 091523 DPD DEDUCTIONS 17830 2,300.00
09/20/23 PR PPE 091523 DGE DEDUCTIONS 17831 481.00
09/20/23 PR PPE 091523 DFR DEDUCTIONS 17832 2,727.64
09/20/23 PR PPE 091523 CU DEDUCTIONS 17833 44,304.60
09/20/23 PLAN# 800414 - RHM DED PPE 091523 17835 203.54 09/20/23 PLAN# 800389 - RHA & RHC DED PPE 091523 17836 1,131.11 09/20/23 PLAN# 803216 RHF & RHS DED PPE 091523 17838 2,161.01 09/20/23 PR PPE 091523 PAR & PRE DEDUCTIONS 17840 2,422.73 09/20/23 ACCT# 573679043 17849 100.00
09/20/23 ACCT# 607745390 17850 647.05
TOTAL ISF EMPLOYEE BENEFITS 77,012.48
09/13/23 FSA ADMIN FEES 08/01/203 - 08/31/2023 17644 87.50 09/20/23 OCTOBER 2023 DELTACARE HMO 17771 544.72
09/20/23 OCTOBER 2023 DELTA DENTAL 17772 10,509.87
09/20/23 BCJ210,BCJ245,BCJ303,BCJ351,BCJ450,BCJ355,BCJ
360
17812 2,500.00
09/20/23 TUITION REIMBURSEMENT (BIO 1302) 17814 845.00
09/20/23 PR PPE 091523 PAR & PRE DEDUCTIONS 17840 76.14 TOTAL EMPLOYEE BENEFITS 14,563.23
09/13/23 8/26-9/25 Cell & Ipads, Plng,Bldg, CDBG CE 17514 79.79 TOTAL CDBG CODE ENFORCEMENT 79.79
09/20/23 TRAILER WRAP 17729 3,300.00
TOTAL CRIMINAL DIV GRANTS 3,300.00
09/20/23 UTILITY REFUND 9710 30.47
09/13/23 UTILITY REFUND - FINALED 7/17/23 17164 54.80
09/13/23 UTILITY REFUND - FINALED 8/22/23 17165 22.41
09/13/23 UTILITY REFUND - FINALED 7/31/23 17166 54.80
09/13/23 UTILITY REFUND - FINALED 8/17/23 17167 18.71
09/20/23 UTILITY REFUND - FINALED 9/6/23 17735 24.60
09/20/23 UTILITY REFUND - FINALED 7/10/23 17736 54.80
09/20/23 UTILITY REFUND - FINALED 8/7/23 17737 20.58
09/20/23 UTILITY REFUND - FINALED 8/25/23 17738 15.27
09/20/23 UTILITY REFUND - FINALED 8/31/23 17740 16.77
09/20/23 UTILITY REFUND - FINALED 9/1/23 17741 10.91
09/20/23 UTILITY REFUND - FINALED 8/31/23 17742 12.41
09/20/23 UTILITY REFUND - FINALED 8/21/23 17746 191.58
TOTAL WF NON-DEPARTMENTAL 528.11
09/13/23 UTILITY BILL PRINTING - JULY 2023 16662 5,565.83 09/20/23 UTILITY BILL PRINTING - AUGUST 2023 17683 6,317.31 TOTAL WF UTILITY BILLING 11,883.14
09/13/23 RES 1GENERATOR PARTS FOR REPAIRS 16940 2,462.26 09/13/23 HIGHLIGHTER, PENS, SPIRAL COIL 16913 43.35
QUINN COMPANY 2307463
AMAZON 1108
INFOSEND, INC 2307567
50050570 WF WTR PROD. OPNS
50040403 WF UTILITY BILLING
INFOSEND, INC 2307443
UTILITY REFUND 2307631
UTILITY REFUND 2307629
UTILITY REFUND 2307630
UTILITY REFUND 2307623
UTILITY REFUND 2307628
UTILITY REFUND 2307625
UTILITY REFUND 2307491
UTILITY REFUND 2307627
UTILITY REFUND 2307626
UTILITY REFUND 2307488
UTILITY REFUND 2307489
UTILITY REFUND 2307490
50000000 WF NON-DEPARTMENTAL
UTILITY REFUND 2307624
27097002 CRIMINAL DIV GRANTS
MONSTER IMAGE, INC 2307575
23030310 CDBG CODE ENFORCEMENT
VERIZON WIRELESS 2307497
MOSHER, BRIAN 1140
RUTH, JONATHAN 1142
U.S. BANK N.A. 1144
STERLING HEALTH SERV 1119
MUNICIPAL DENTAL POO 2307577
MUNICIPAL DENTAL POO 2307576
FRANCHISE TAX BOARD 2307556
11500450 EMPLOYEE BENEFITS
MISSION SQUARE RET P 1137
U.S. BANK N.A. 1144
FRANCHISE TAX BOARD 2307638
FOUNTAIN VALLEY CRED 1130
MISSION SQUARE RET P 1139
MISSION SQUARE RET P 1138
FOUNTAIN VALLEY POLI 1133
FOUNTAIN VALLEY GENE 1132
FOUNTAIN VALLEY FIRE 1131
FRANCHISE TAX BOARD 2307637
FVPOA PAC 1134
ORANGE COUNTY EMPLOY 1141
MUNICIPAL DENTAL POO 2307576
STANDARD INSURANCE C 2307615
STANDARD INSURANCE C 2307616
MUNICIPAL DENTAL POO 2307577

09/13/23 DEPOSIT CREDIT FOR INVOICE PC370491180 17519 (693.00) 09/13/23 POCKET PROTECTORS, FILE ORGANIZER 17156 32.49
09/13/23 NEW TOOL BITS 17628 41.62
09/13/23 BINDERS-19KR-X4C3-DCD4 17150 39.80
09/20/23 WATER CELL PHONE-(JULY 26-AUGUST 25) 17733 940.16 09/20/23 PUBLIC WORKS AT&T -(JUL 27 -AUG 26) 17763 67.83 09/13/23 PAGE PROTECTORS 1N4P-P3JL-Y3C7 17153 29.81
09/13/23 GAS MONITOR CALIBRATION 17450 65.00
09/13/23 UNIFORM RENTAL-AUGUST (8-31-23) 17447 19.86
09/13/23 RF WORK BOOT 17526 181.05
09/13/23 BH WORK BOOT 17527 215.00
TOTAL WF WTR PROD. OPNS 3,445.23
09/13/23 CUSTOMER VALVES 17440 2,943.86
09/13/23 LATEX GLOVES 17543 130.32
09/13/23 UTILITY BILL PRINTING - JULY 2023 16662 45.17
09/13/23 HAND PUMPS 17170 315.86
09/13/23 SPOOLS AND MATERIAL 17169 1,402.88
09/13/23 FLEX COUPLING 17442 1,087.50
09/13/23 REPAIR CLAMPS 17441 3,156.96
09/13/23 MATERIAL-MISC 17443 2,066.03
09/20/23 SAFETY BOOTS-R.G. 17662 215.00
09/13/23 JULY 2023 TURF REMOVAL & S2D 17511 666.00
09/13/23 UNIFORM RENTAL-AUGUST (8-31-23) 17447 25.20
09/20/23 UTILITY BILL PRINTING - AUGUST 2023 17683 18.55 TOTAL WF DISTRIBUTION SYSTEM 12,073.33
09/13/23 FLUORIDE FOR WELL SITES 17436 3,495.00
TOTAL WF WTR QUAL & TREATMENT 3,495.00
09/13/23 UNIFORM RENTAL-AUGUST (8-31-23) 17447 6.40
TOTAL WF CUSTOMER SERVICE 6.40
09/20/23 4" METER 17667 2,934.04
TOTAL WF METER M & R 2,934.04
09/20/23 BASIN MARKERS 17651 1,953.87
09/20/23 PUBLIC WORKS AT&T -(JUL 27 -AUG 26) 17763 22.61 09/20/23 SAFETY GEAR 17652 160.00
09/13/23 UNIFORM RENTAL-AUGUST (8-31-23) 17447 8.77
09/20/23 CALIBRATION 17653 65.00
09/20/23 ROOT CHEMICALS 17781 2,389.80
09/20/23 SEWER LIFT STATION ELEC 8/14/23-9/12/23 17750 441.90 TOTAL SF SEWER MAINTENANCE 5,041.95
09/20/23 RUBBISH HAULING - AUGUST 2023 17730 367,000.98 TOTAL SWF SOLID WASTE 367,000.98
09/20/23 OCTOBER 2022 SEWER CONNECTION 17699 14,651.51
09/20/23 JUNE 2023 SEWER CONNECTION 17680 29,555.29
TOTAL CUSTODIAL - BLDG SAFETY 44,206.80
TOTAL $1,078,237.18
OC SANITATION DISTRI 2307578
60030301 CUSTODIAL - BLDG SAFETY
OC SANITATION DISTRI 2307578
50250590 SWF SOLID WASTE
REPUBLIC SERVICES, I 2307599
LIFECOM 2307570
ROOTX 2307606
SO CALIF EDISON CO 2307613
AT&T MOBILITY 2307540
GRAINGER, INC. 2307559
CINTAS CORPORATION 6 2307507
50150580 SF SEWER MAINTENANCE
ENNIS-FLINT, INC 2307552
50050574 WF METER M & R
AQUA-METRIC SALES 2307538
50050573 WF CUSTOMER SERVICE
CINTAS CORPORATION 6 2307507
50050572 WF WTR QUAL & TREATMENT
SKYLINE CHEMICAL COR 2307468
MUNICIPAL WATER DIST 2307455
CINTAS CORPORATION 6 2307507
INFOSEND, INC 2307567
YO FIRE 2307503
YO FIRE 2307505
RED WING BUSINESS AD 2307594
FERGUSON ENTERPRISES 2307522
YO FIRE 2307528
YO FIRE 2307504
YO FIRE 2307529
GRAINGER, INC. 2307431
INFOSEND, INC 2307443
RED WING BUSINESS AD 2307465
50050571 WF DISTRIBUTION SYSTEM
LIFECOM 2307451
CINTAS CORPORATION 6 2307507
RED WING BUSINESS AD 2307465
VERIZON WIRELESS 2307632
AT&T MOBILITY 2307540
AMAZON 1110
AMAZON 1111
GRAINGER, INC. 2307524
AMAZON 1109
QUINN COMPANY 2307463

CITY OF FOUNTAIN VALLEY

CITY COUNCIL

COUNCIL ACTION REQUEST
To: Honorable Mayor and Agenda Date: October 3, 2023
Members of the City Council
SUBJECT: Waive the bidding requirements pursuant to FVMC 2.36.070 Par 4, and award a contract to Cintas Corporation No. 2 in an annual amount not to exceed $19,000 for Uniform Rental, Laundry Services and Facility Services Products through an existing cooperative contract provided through OMNIA Partners, Public Sector Three-Year Strategic Goals
☐ Enhance the culture and environment of “A Nice Place to Live” ☐ Achieve fiscal stability by evaluating processes, and attract and retain revenue producing businesses/opportunities
☒ Attract and retain quality staff through best practices and trends ☐ Maintain, build, and modernize infrastructure to support growth and future needs of the City
☐ Not applicable
EXECUTIVE SUMMARY:

Public Works Field Services staff are required to wear uniforms while at work. Per the terms of the current Memorandum of Understanding between the City and the Field Services Unit, the City provides the required uniforms, consisting of a shirt and pants, and uniform laundry service.

The City’s current contract with Cintas Corporation No. 2 (Cintas Corporation) for Uniform Rental, Laundry Services and Facility Services Products will expire on October 16, 2023, after a total of seven (7) years of satisfactory service. There are no extensions remaining on the contract.

Staff believes that it is in the best interest of the City to enter into a new contract with Cintas Corporation based on the existing cooperative contract provided through OMNIA Partners, Public Sector. Staying with Cintas Corporation allows the City to maintain service continuity, avoid setup costs and take advantage of the existing cooperative contract.

In addition to providing uniform shirts and pants per the terms of the MOU, the City would like to provide Field Services employees with two jackets so they can be identified as a City employee and maintain a professional appearance while staying warm and dry. The cost of providing the jackets is estimated to be $600 for the initial setup and $3,500 annually for rental.

Contract for Uniform Rental, Laundry Services and Facility Services Products October 3, 2023

The current uniform contract is for an amount not to exceed $15,000 annually. With the addition of jackets, staff is requesting that the annual contract amount for the new contract be increased by $4,000, to an amount not to exceed $19,000 per year. This new annual contract amount will accommodate increased rental costs, setup costs for new employees, replacement of damaged uniforms and the addition of jackets. In order to accommodate this amount, a budget amendment in the amount of $2,850 is needed and will be included with the Mid-Year Budget amendments.

Staff is requesting that City Council waive the bidding requirements pursuant to FVMC

2.36.070 Par 4, and award a contract to Cintas Corporation No. 2 in an annual amount not to exceed $19,000 for Uniform Rental, Laundry Services and Facility Services Products through the existing cooperative contract with OMNIA Partners, Public Sector.

DISCUSSION:

Public Works Field Services staff are required to wear uniforms while at work. Per the terms of the current Memorandum of Understanding between the City and the Field Services Unit, the City shall provide uniforms and laundry service for all Field Services employees at the City’s expense. Each Field Services employee required to wear a uniform is issued nine (9) pairs of pants and nine (9) shirts that are maintained by the City.

On September 13, 2016, City Council waived the bidding requirements pursuant to FVMC

2.36.070 Par 4 and awarded a 3-year contract (CON-16-52) to Cintas Corporation No. 2 (Cintas Corporation) to provide Uniform Rental, Laundry Services and Facility Services Products for the Field Services Division. Per the terms of the contract, the City extended the contract four (4) times. Amendment Nos. 1, 2, 3 and 4 to CON-16-52 each extended the contract for a one-year period. There are no extensions remaining on the contract, which is set to expire on October 16, 2023.

Over the past seven (7) years, Cintas Corporation has picked up, laundered and delivered uniforms and facility services products, such as shop towels, fender covers and floor mats, for the Field Services Division on a weekly basis. Staff has been satisfied with the service provided and the competitive pricing provided through Cintas Corporation’s cooperative contract with U.S. Communities, which is now OMNIA Partners, Public Sector.

Based on the quality of service provided and their competitive pricing, staff believes that it is in the best interest of the City to enter into a new contract with Cintas Corporation based on the existing cooperative contract provided through OMNIA Partners, Public Sector. Staying with Cintas Corporation allows the City to maintain service continuity, avoid setup costs and take advantage of the existing cooperative contract.

In addition to providing nine (9) pairs of pants and nine (9) shirts per the terms of the MOU, the City would like to provide Field Services employees with two jackets that can be worn when it is cold and/or wet. The jackets will feature the City seal and the employee’s first name making it easy for them to be identified as a City employee and maintain a professional appearance while performing assigned duties. The estimated initial setup cost is $600 to provide jackets for 46 employees and approximately $3,500 per year for jacket rental.

Contract for Uniform Rental, Laundry Services and Facility Services Products October 3, 2023

The new contract with Cintas Corporation and the addition of two jackets per Field Services employee supports the City’s strategic goal of attracting and retaining quality staff by continuing to provide Field Services staff with satisfactory uniforms and laundry services, which is considered an employment benefit.

Section 2.36.070 Par 4 of the Fountain Valley Municipal Code authorizes the procurement of goods and services without formal bidding under the following circumstance: “When participating in cooperative contracts with another government agency.” FISCAL REVIEW:

The current uniform contract that will expire on October 16, 2023, is for an amount not to exceed $15,000 annually. This amount has been sufficient for the past seven (7) years.

FY
2016/17
FY
2017/18
FY
2018/19
FY
2019/20
FY
2020/21
FY
2021/22
FY
2022/23
Uniform
Costs
$11,719 $11,662 $11,170 $12,116 $12,369 $12,104 $10,688 Uniform costs vary from year to year due to staff turnover and the amount of uniform damage caused during work. The City is also subject to price increases negotiated through the OMNIA Partners cooperative contract that was used to secure our contract.

In addition to our usual costs for uniform rental, laundry services and facility services products, the cost for providing two jackets per Field Services employee is estimated to be $600 for the initial setup and $3,500 annually for rental.

With the addition of jackets, staff is requesting that the annual contract amount for the new contract be increased by $4,000, to an amount not to exceed $19,000 per year. This new annual contract amount should accommodate increased rental costs, setup costs for new employees, replacement of damaged uniforms and the addition of jackets.

The current adopted FY 2023/24 budget provides a total of $16,500 for Field Services laundry services/supplies. Since Government Buildings does not have a separate safety apparel and supplies account, $350 of their laundry services/supplies account is set aside for safety apparel outside of laundry services/supply. This leaves a total of $16,150 for uniform rental, laundry services and related expenses. Therefore, a budget amendment in the amount of $2,850 is needed to accommodate this contract, which includes the cost of providing uniform jackets.

This budget amendment will be included with the Mid-Year Budget amendments. The uniform rental, laundry services and facility services products will be expensed to their respective programs (divisions) as shown below.

Contract for Uniform Rental, Laundry Services and Facility Services Products October 3, 2023

Program Object Account Number Current
2023/24
Budget
Revised
2023/24
Budget
General Fund – Public Works
Rights-of-Way Laundry
Services/Supplies
100.50.50550.53526 $ 275 $ 325
Tree Maintenance Laundry
Services/Supplies
100.50.50551.53526 $ 275 $ 325
Park Maintenance Laundry
Services/Supplies
100.50.50552.53526 $ 475 $ 555
Concrete
Maintenance
Laundry
Services/Supplies
100.50.50553.53526 $ 750 $ 880
Pavement
Maintenance
Laundry
Services/Supplies
100.50.50554.53526 $1,800 $2,110
Storm Drain
Maintenance
Laundry
Services/Supplies
100.50.50555.53526 $ 650 $ 760
Traffic Control
Maintenance
Laundry
Services/Supplies
100.50.50556.53526 $ 650 $ 760
Recreation Center Laundry
Services/Supplies
100.50.50558.53526 $ 500 $ 590
Government Buildings Fund – Administration
City Hall Laundry
Services/Supplies
111.10.10000.53526 $1,500* $1,760*
Fleet Management Fund – Public Works
Fleet Management Laundry
Services/Supplies
112.50.50001.53526 $4,300 $5,040
Water Utility Fund – Public Works
Water Production
Operations
Laundry
Services/Supplies
500.50.50570.53526 $1,400 $1,640
Distribution System Laundry
Services/Supplies
500.50.50571.53526 $2,600 $3,050
Customer Service Laundry
Services/Supplies
500.50.50573.53526 $ 550 $ 645
Sewer Assessment Fund – Public Works
Sewer Maintenance Laundry
Services/Supplies
501.50.50580.53526 $ 775 $ 910
Total $16,500* $19,350*
*Government Buildings does not have a separate safety apparel and supplies account, so $350 of this budgeted amount is set aside for safety apparel outside of laundry services/supply.

PUBLIC NOTIFICATION:

Not applicable.

ENVIRONMENTAL IMPACT REVIEW:

Not applicable.

Contract for Uniform Rental, Laundry Services and Facility Services Products October 3, 2023

ATTORNEY REVIEW:

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

ALTERNATIVES:

Alternative No. 1: Waive the bidding requirements pursuant to FVMC 2.36.070 Par 4, and award a contract to Cintas Corporation No. 2 in an annual amount not to exceed $19,000 for Uniform Rental, Laundry Services and Facility Services Products through the existing cooperative contract with OMNIA Partners, Public Sector. This is the recommended action.

Alternative No. 2: Direct staff not to provide uniform jackets to Field Services staff in addition to the uniform pants and shirts provided per the terms of the current Memorandum of Understanding between the City and the Field Services Unit. Waive the bidding requirements pursuant to FVMC 2.36.070 Par 4, and award a contract to Cintas Corporation No. 2 in an annual amount not to exceed $16,150 for Uniform Rental, Laundry Services and Facility Services Products through the existing cooperative contract with OMNIA Partners, Public Sector.

Alternative No. 3: Do not waive the bidding requirements, and direct staff to solicit bids for Uniform Rental, Laundry Services and Facility Services Products. This is not recommended because Cintas Corporation’s pricing is based on an existing cooperative contract that offers competitive pricing and their service has been satisfactory. Soliciting bids may result in higher costs and unsatisfactory service. Changing vendors would also result in additional setup fees.

RECOMMENDATION:

Staff is requesting City Council approval of Alternative No. 1 to waive the bidding requirements pursuant to FVMC 2.36.070 Par 4, and award a contract to Cintas Corporation No. 2 in an annual amount not to exceed $19,000 for Uniform Rental, Laundry Services and Facility Services Products through the existing cooperative contract with OMNIA Partners, Public Sector.

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

1. Contract

AGREEMENT FOR CONSULTANT SERVICES
CON – –
Uniform Rental, Laundry Services & Facility Services Products This AGREEMENT is made and effective as of the EFFECTIVE DATE, by and between the City of Fountain Valley, a municipal corporation ("CITY") and Cintas Corporation No. 2 ("CONSULTANT"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

1. TERM
This AGREEMENT shall commence on October 17, 2023 (“EFFECTIVE DATE”) and remain and continue in effect until all tasks described herein are completed but in no event later than October 16, 2026, unless sooner terminated or extended pursuant to the provisions of this AGREEMENT. This AGREEMENT may be extended for up to four additional one-year periods at the option of the CITY.

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 Public Works Director 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.

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 NINETEEN THOUSAND AND 00/100 Dollars ($19,000.00) per year for the total term of this AGREEMENT unless additional payment is approved as provided in this AGREEMENT. (b) CONSULTANT shall not be compensated for any services rendered in connection with its performance of this AGREEMENT that are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. This written authorization requirement cannot be waived. CONSULTANT shall be compensated for any additional services in the amounts and in the manner as agreed to by the City Manager and CONSULTANT at the time CITY’s written authorization is given to CONSULTANT for the performance of said additional services. The City Manager’s authority to approve additional compensation is subject to Fountain Valley Municipal Code section

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

7. DELETED

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. (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.

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 to the extent the same are caused in whole or in part by any negligent or willful 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.

(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, where the same arise out of, in whole or in part, negligence or willful misconduct during 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.

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. DELETED

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

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.

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
Cintas will comply with Data Protection Laws, as they are applicable to Cintas’ services, as set forth in Cintas’ Customer Data Protection Addendum available at www.cintas.com/dataprotectioncenter

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

CITY CONSULTANT
City of Fountain Valley Cintas Corporation No. 2
10200 Slater Avenue 14792 Franklin Avenue
Fountain Valley, California 92708 Tustin, CA 92780
Attention: City Clerk Attention:

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.

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

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

25. ENTIRE AGREEMENT
This AGREEMENT contains the entire understanding between the parties relating to the obligations of the parties described in this AGREEMENT. All prior or contemporaneous

agreements, understandings, representations, and statements, oral or written, are merged into this AGREEMENT and shall be of no further force or effect. Each party is entering 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
#
#
#

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
Kim Constantine, Mayor Signature
ATTEST: Typed Name
Title
Rick Miller, City Clerk
Approved as to Form:

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

Exhibit “A”
Scope of Services and Payment Terms

Cintas Representative Initials: Customer Initials: Page 1 of 5 Rev. 6.30.23
Facilities Solutions Agreement
Location #:

Contract #:

Customer #:

Main Corporate Code ➞ New CC 13218 Date:

Customer/Participating Agency: Phone:

Address: City: State: Zip:

UNIFORM PRODUCT RENTAL PRICING:

FACILITY SERVICES PRODUCT PRICING:

ITEM # DESCRIPTION UNIT PRICE
ITEM # DESCRIPTION RENTAL FREQ. INVENTORY UNIT PRICE
Automatic Lost Replacement Charge Item: % of inventory $ ea Automatic Lost Replacement Charge Item: % of inventory $ ea This agreement is effective as of the date of execution for a term of 60 months from the date of installation or renewal.

Standard Name Emblem $ ea Standard Agency Emblem $ ea
Custom Agency Emblem $ ea Embroidery $ ea
Uniform Advantage Item: $ ea per week
Premium Uniform Advantage Item: $ ea per week
Emblem Advantage Item: $ ea per week
Prep Advantage Item: $ ea per week
Minimum Charge $35 per delivery
Make-up Charge $ per garment
Non-Standard/Special Cut Garment (i.e., non-standard, non-stocked unusually small or large sizes, unusually short or long sleeve or length, etc.) premium $ per garment Seasonal Sleeve Change $ per garment
Under no circumstances will the Company accept textiles bearing free liquid. Shop towels may not be used to clean up oil or solvent spills.

Artwork Charge for Logo Mat $
Payment Terms: 2% Discount Net 15, Standard terms are Net 30 Size Change
Customer agrees to have employees measured by a Cintas representative using garment “size samples”.

A charge of $ per garment will be assessed for employee’s size changed within 4 weeks of installation.

Other

CHECKBOX INITIALS DATE
Initial and check box if Unilease. All Garments will be cleaned by customer.  Initial and check box if receiving Linen Service. Company will take periodic physical inventories of items in possession or under control. 
Initial and check box if receiving direct embroidery. If service is discontinued for any employee or Customer deletes any of the garments direct embroidery for any reason, or terminates this agreement for any reason or fails to renew this agreement, Customer will purchase all direct embroidered garments at the time they are removed from service at the then current replacement values. 
Space for additional entries provided on page 4
Space for additional entries provided on page 4

Cintas Representative Initials: Customer Initials: Page 2 of 5 Rev. 6.30.23

OMNIA PARTICIPATING PUBLIC AGENCIES TERMS

SUPPLIER GENERAL SERVICE TERMS SECTION

1. Participating Public Agencies: Supplier agrees to extend the same terms, covenants agreed to under the Master Agreement with Lead Public Agency Prince William County Public Schools to other government agencies (“Participating Public Agencies”) that, in their discretion, desire to access the Master Agreement in accordance with all terms and conditions contained herein or attached hereto. Each participating Public Agency will be exclusively responsible and deal directly with Supplier on matters relating to length of agreement, ordering, delivery, inspection, acceptance, invoicing, and payment for products and services in accordance with the terms and conditions of the Master Agreement. Any disputes between a Participating Public Agency and Supplier will be resolved directly between them in accordance with and governed by the laws of the State in which the Participating Public Agency exists.

2. Master Agreement available at https://www.omniapartners.com/publicsector

3. Prices. Customer agrees to rent from Company, and Company agrees to provide to Customer, the Merchandise, inventory and services described on Exhibit A, “Merchandise & Pricing” at the prices set forth in Exhibit A. There will be a minimum charge of thirty-five dollars ($35.00) per week for each Customer location required to purchase its rental services from Company as set forth in this Agreement.

4. Buyback of Non-Standard Garments. Customer has ordered from Company a garment rental service requiring embroidered garments that may not be standard to Company’s normal rental product line. Those non-standard products will be designated as such under-Garment Description in Exhibit C. In the event Customer deletes a non-standard product, alters the design of the non-standard product, fails to renew the Agreement, or terminates the Agreement for any reason other than documented quality of service reasons which are not cured, Customer agrees to buy back all remaining non-standard products allocated to Customer that the Company has in service and out of service at the then current Loss/Damage Replacement Values.

5. Logo Mats. In the event that Customer decides to delete any mat bearing the Customer’s logo (Logo Mat) from the rental program, changes the design of the Logo Mats, terminates this agreement for any reason or fails to renew this Agreement, the Customer will purchase at the time of deletion, design change or termination, all remaining Logo mats that the Company has in service and out of service held in inventory at the then current Loss/Damage Replacement Value.

6. Adding Employees. Additional employees and Merchandise may be added to this Agreement at any time upon written or oral request by the Customer to the Company. Any such additional employees or Merchandise shall automatically become a part of and subject to the terms of this Agreement. If such employees are employed at a Customer location that is then participating under this Agreement, the Customer shall pay Company the one time preparation fee indicated on Exhibit A. Customer shall not pay Company any one time preparation fee for garments for employees included in the initial installation of a Customer location. There will be a one-time charge for name and/or company emblems when employees are added to the program in garments requiring emblems.

7. Emblem Guarantee. Customer has requested that Company supply emblems designed exclusively for Customer featuring Customer’s logo or other specific identification (hereinafter “Customer Emblems”). Company will maintain a sufficient quantity of Customer Emblems in inventory to provide for Customer’s needs and maintain a low cost per emblem through quantity purchases.

8. FRC Warranty. Customer agrees it bears sole responsibility for selecting the flame resistant clothing and fabrics (“FRC”) under this Agreement determining whether such items are appropriate for use by its employees and agents in their applicable work environment(s). CUSTOMER ACKNOWLEDGES THAT COMPANY HAS MADE

NO REPRESENTATION, WARRANTY, OR COVENANT WITH RESPECT TO THE FLAME-RESISTANT QUALITIES OR OTHER CHARACTERISTICS OF THE FRC OR WITH RESPECT TO THEIR FITNESS OR SUITABILITY FOR THIS OR ANY OTHER PURPOSE. COMPANY MAKES NO REPRESENTATION WHETHER THE FRC CONSTITUTES APPROPRIATE PERSONAL PROTECTIVE EQUIPMENT FOR THE ENVIRONMENT(S) TO WHICH CUSTOMER’S EMPLOYEES OR AGENTS MAY BE EXPOSED OR AS TO THE FRC’S ABILITY TO PROTECT USERS FROM INJURY OR DEATH. Customer agrees to notify all employees and other agents of Customer who may wear or will be wearing the FRC that it is not designed for substantial heat exposure or for use around open flames. Customer acknowledges that compliance with any and all OSHA or other similar regulations or requirements relating to personal protective equipment is the sole responsibility of Customer. Further, Customer releases Company from any and all liability that results or may result from the use of the garments, including but not limited to any alleged failure of the FRC to function as flame-resistant or provide protection against fire and/or heat. Customer hereby agrees to defend, indemnify and hold harmless Company from any claims and damages arising out of or associated with this Agreement or resulting from Customer’s or its employees’ use of the FRC.

9. High Visibility Garments. For high visibility garments, Customer bears sole responsibility for: (a) determining the level of visibility needed by wearers of the garments for their specific work conditions or uses: (b) identifying and selecting which garments meet the required level of visibility for any particular work conditions or uses; and (c) determining when garments require repair or replacement to meet the required level of visibility. If garment needs to be replaced outside of normal wear and tear, the customer will be charged the then current replacement value. Customer acknowledges and understands that the garments alone do not ensure visibility of the wearer. Customer further acknowledges that Company is relying upon Customer to determine whether any garments need repair or replacement to maintain the required level of visibility. Company represents only that the garments supplied satisfy certain ANSIIISEA standards to the extent the garments are so labeled.

Customer acknowledges that Company has made no other representations, covenants or warranties whether express or implied, related to the garments.

10. In the event Customer decides to discontinue the use of Customer Emblems, changes the design of the Customer Emblems, terminates this Agreement for any reason or fails to renew this Agreement, the Customer will purchase at the time of deletion, design change, termination or expiration, all remaining Customer Emblems that the Company allocated to Customer at the price indicated on Exhibit A of this Agreement. In no event shall the number of Customer Emblems allocated to Customer exceed the greater of (a) twelve (12) months’ volume for each unique Customer Emblem or (b) a quantity agreed to by Company and Customer and noted on Exhibit A.

11. Terminating Employees. Subject to the provisions of this Agreement, the weekly rental charge attributable to any individual leaving the employ of the Customer, or on a temporary leave of absence of three (3) weeks or more, shall be terminated upon oral or written notice by the Customer to the Company but only after all garments issued to that individual, or value of same at the then current Loss/Damage Replacement Values, are returned to Company.

12. Replacement. In the event any Merchandise is lost, stolen or is not returned to Company, or is destroyed or damaged by fire, welding damage, acid, paint, ink, chemicals, neglect or otherwise, the Customer agrees to pay for said Merchandise at the then current Loss/Damage Replacement Values.

13. Indemnification. To the fullest extent permitted by law, Company agrees to defend, indemnify, pay on behalf of and save harmless the Participating Public Agency, its elected and appointed officials, agents, employees and authorized volunteers against any and all claims, ility, demands, suits or loss, including reasonable attorneys’ fees and all other costs connected therewith, arising out of or connected to the services provided by Company under this Contract, but only to the extent of Company’s negligence.

14. Additional Items. Additional customer employees, products and services may be added to this agreement and shall automatically become a part of and subject to the terms hereof and all of its provisions. If this agreement is terminated early for convenience, the parties agree that the damages sustained by Company will be substantial and difficult to ascertain. Therefore, if this agreement is terminated by Customer prior to the applicable expiration date for any reason other than documented quality of service reasons which are not cured, or terminated by Company for non-payment by Customer at any time Customer will pay to Company, as termination charges and not as a penalty based upon the following schedule:

If this agreement is cancelled for convenience in the first twelve months of the term, Customer shall pay as termination charges equal to 50 weeks of rental service.

If this agreement is cancelled for convenience in months thirteen (13) through eighteen (18) of the term, Customer shall pay as termination charges equal to 36 weeks of rental service.

If this agreement is cancelled for convenience in months nineteen (19) through twenty-four (24) of the term, Customer shall pay as termination charges equal to 23 weeks of rental service.

If this agreement is cancelled for convenience after 24 months of service, Customer shall pay as termination charges of 10 weeks of rental service.

Customer shall also be responsible to return all of the Merchandise allocated to such Customer locations terminating this Agreement at the then current Loss/Damage Replacement Values and for any unpaid charges on Customer’s account prior to termination.

15. I authorize Cintas to verify my credit on Credit.net and/or by contacting the parties provided. I am authorized to sign on behalf of this company. In addition, I authorize Cintas to open a new account on behalf of the company and deliver the products or services listed above at the agreed upon pricing and delivery terms.

Cintas Location #: Customer Signature:

By: Print Name:

Title: Print Title:

Accepted-GM: Email:

Cintas Enterprise Account  Yes  No Customer Contact:

Cintas MAM Partners: Customer Contact Email:

Cintas Representative Initials: Customer Initials: Page 3 of 5 Rev. 6.30.23
Accounts Payable Contact
Billing Information
How should the Business Name read on the invoice?
Do you have other sites/locations within your company that are set up for billing with Cintas?  YES  NO  UNSURE Are you Tax Exempt?  YES  NO If Yes, where can I get a copy of your tax-exempt form? Account Payable Contact Name:

Account Payable Contact Phone #:

Account Payable Email:

Payer Street Address:

City: ST/PROV: ZIP/PC:

We will use the Payer address above as the address that is used for credit reference/credit check if it is different from service address.  Same as Payer OR  Same as Sold-To OR  Portal/Third Party Bill-To Street Address:

City: ST/PROV: ZIP/PC:

Invoice Delivery (choose one):  Leave at Site and Email  Email Only  Physically Mail  Leave at site after service Do invoices require a purchase order?  YES  NO If yes, please provide PO# Will the same PO need to appear on each invoice?  YES  NO Is there an expiration date?  Check
 ACH/EFT - We will have our ACH/EFT team contact the AP contact above with ACH/EFT payment details  Credit Card - We will have our Payment Center contact the AP Contact above for credit card details Unless noted below, your AP contact above will be automatically registered to manage your Cintas account online with myCintas Billing. myCintas allows you to conveniently access your account anytime using your computer, tablet, or mobile device! PAYER INFORMATION: This section covers the address where the person who pays the bills is and their contact information.

BILL-TO INFORMATION: This section covers where the bill will be mailed/sent to.

Payment Terms: 2% Discount Net 15, Standard terms are Net 30

WE CAN CUSTOMIZE HOW YOU RECEIVE YOUR BILL FOR PAYMENT PROCESSING

PAYMENT OPTIONS

Cintas Representative Initials: Customer Initials: Page 4 of 5 Rev. 6.30.23
UNIFORM PRODUCT RENTAL PRICING (cont.):

FACILITY SERVICES PRODUCT PRICING (cont.):

ITEM # DESCRIPTION UNIT PRICE
ITEM # DESCRIPTION RENTAL FREQ. INVENTORY UNIT PRICE
Continued from page 1
Continued from page 1

Cintas Representative Initials: Customer Initials: Page 5 of 5 Rev. 6.30.23

LOCATION LISTING

Exhibit “B”
Insurance Specifications

EXHIBIT “B”

INSURANCE SPECIFICATIONS
Without limiting CONSULTANT’s indemnification of CITY, and prior to performing any work under this AGREEMENT or receiving any compensation, CONSULTANT 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 $1,000,000.00 dollars combined single limit for each accident.

Check if Applicable ☒ Workers’ compensation insurance. CONSULTANT shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $ 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.

Proof of insurance. CONSULTANT shall provide certificates of insurance to CITY as evidence of the insurance coverage required herein. 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 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, but only to the extent of CONTRACTOR’s indemnification obligations under the AGREEMENT.

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

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

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

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

Additional insured status. General liability policies shall provide or be endorsed to provide that CITY and its officers, officials, employees, and agents shall be additional insureds under such policies, but only to the extent of CONTRACTOR’s indemnification obligations under the AGREEMENT. This provision shall also apply to any excess liability policies.

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; provided that such change shall only be effective if agreed to in writing by CONTRACTOR. 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.

AGREEMENT FOR CONSULTANT SERVICES
CON – –
Uniform Rental, Laundry Services & Facility Services Products This AGREEMENT is made and effective as of the EFFECTIVE DATE, by and between the City of Fountain Valley, a municipal corporation ("CITY") and Cintas Corporation No. 2 ("CONSULTANT"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

1. TERM
This AGREEMENT shall commence on October 17, 2023 (“EFFECTIVE DATE”) and remain and continue in effect until all tasks described herein are completed but in no event later than October 16, 2026, unless sooner terminated or extended pursuant to the provisions of this AGREEMENT. This AGREEMENT may be extended for up to four additional one-year periods at the option of the CITY.

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 Public Works Director 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.

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 NINETEEN THOUSAND AND 00/100 Dollars ($19,000.00) per year for the total term of this AGREEMENT unless additional payment is approved as provided in this AGREEMENT. (b) CONSULTANT shall not be compensated for any services rendered in connection with its performance of this AGREEMENT that are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. This written authorization requirement cannot be waived. CONSULTANT shall be compensated for any additional services in the amounts and in the manner as agreed to by the City Manager and CONSULTANT at the time CITY’s written authorization is given to CONSULTANT for the performance of said additional services. The City Manager’s authority to approve additional compensation is subject to Fountain Valley Municipal Code section

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

7. DELETED

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. (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.

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 to the extent the same are caused in whole or in part by any negligent or willful 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.

(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, where the same arise out of, in whole or in part, negligence or willful misconduct during 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.

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. DELETED

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

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.

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
Cintas will comply with Data Protection Laws, as they are applicable to Cintas’ services, as set forth in Cintas’ Customer Data Protection Addendum available at www.cintas.com/dataprotectioncenter

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

CITY CONSULTANT
City of Fountain Valley Cintas Corporation No. 2
10200 Slater Avenue 14792 Franklin Avenue
Fountain Valley, California 92708 Tustin, CA 92780
Attention: City Clerk Attention:

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.

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

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

25. ENTIRE AGREEMENT
This AGREEMENT contains the entire understanding between the parties relating to the obligations of the parties described in this AGREEMENT. All prior or contemporaneous

agreements, understandings, representations, and statements, oral or written, are merged into this AGREEMENT and shall be of no further force or effect. Each party is entering 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
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IN WITNESS, WHEREOF, the parties hereto have caused this AGREEMENT to be executed the day and year first above written.

CITY OF FOUNTAIN VALLEY CONSULTANT
Kim Constantine, Mayor Signature
ATTEST: Typed Name
Title
Rick Miller, City Clerk
Approved as to Form:

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

Exhibit “A”
Scope of Services and Payment Terms

Exhibit “B”
Insurance Specifications

EXHIBIT “B”

INSURANCE SPECIFICATIONS
Without limiting CONSULTANT’s indemnification of CITY, and prior to performing any work under this AGREEMENT or receiving any compensation, CONSULTANT 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 $1,000,000.00 dollars combined single limit for each accident.

Check if Applicable ☒ Workers’ compensation insurance. CONSULTANT shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $ 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.

Proof of insurance. CONSULTANT shall provide certificates of insurance to CITY as evidence of the insurance coverage required herein. 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 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, but only to the extent of CONTRACTOR’s indemnification obligations under the AGREEMENT.

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

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

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

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

Additional insured status. General liability policies shall provide or be endorsed to provide that CITY and its officers, officials, employees, and agents shall be additional insureds under such policies, but only to the extent of CONTRACTOR’s indemnification obligations under the AGREEMENT. This provision shall also apply to any excess liability policies.

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; provided that such change shall only be effective if agreed to in writing by CONTRACTOR. 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: October 3, 2023
Members of the City Council
SUBJECT: Second Read and Adoption of An Ordinance Adding Chapters 4.35 Group Homes and 21.29 Group Homes and Amending Section 21.08.030 Residential Zoning District Land Uses and Permit Requirements to the Fountain Valley Municipal Code
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:

Proposed for second read and adoption by the City Council is an amendment to the Fountain Valley Municipal Code (“F.V.M.C.”) adding sections 4.35 Group Homes and 21.29 Group Homes and amending section 21.08.030 Residential Zoning District land Uses and Permit Requirements to provide for zoning regulations and permit requirements for group homes in accordance with State law.

During a noticed public hearing on September 19, 2023, the City Council approved the first reading and introduction of this ordinance without amendment. If approved, the ordinance will take effect in thirty days.

DISCUSSION:

The City Council directed staff to prepare draft regulations governing sober living facilities for City Council consideration, based on the regulations adopted by the City of Costa Mesa in 2014. The proposed ordinance is modeled after the City of Costa Mesa’s ordinance.

Over the past several years the City of Fountain Valley, Orange County and State of California have seen a significant increase in the number of single- and multi-family homes being utilized as alcohol and drug recovery facilities for large numbers of individuals (“sober living homes”).

Ordinance Adding Chapters 4.35 Group Homes and 21.29 Group Homes and Amending Section 21.08.030 Residential Zoning District Land Uses and Permit Requirements September 19, 2023

The City of Fountain Valley has seen a steady increase in the number of sober living facilities operating in its single-family residences. The purpose of sober living homes is to provide a comfortable living environment for persons with drug or alcohol addictions in which they remain clean and sober and can participate in a recovery program in a residential, community environment, and so that they can reside in the residential neighborhood of their choice.

The rapidly increasing number of sober living homes in the City of Fountain Valley has led to an overconcentration of sober living homes in certain areas of the City’s residential neighborhoods, which is both deleterious to the residential character of these neighborhoods and may also lead to the institutionalization of such neighborhoods. As a result, the City continues to receive comments and concerns from members of the public regarding the lack of local regulations governing these facilities, and staff continues to receive reports regarding neighbors experiencing adverse impacts from these facilities, including, but not limited to, noise, excessive debris/trash, second-hand smoke, loitering, traffic, increased parking demands, and the clustering of group homes near each other. The clustering of these homes can have the effect of altering the residential character of neighborhoods so that it appears more institutional and business-oriented in nature.

There is also a legitimate interest in protecting the vulnerable clients of these facilities, who are persons in alcohol and drug recovery. Without regulations, oversight, and government control, persons are being taken advantage of by business-oriented facility operators, who care more about their profit than the health and wellbeing of the persons residing in their facilities. Persons in recovery are being exploited for their insurance money and financial gain to the disadvantage of the persons residing in the facilities as well as the surrounding neighborhood.

Accordingly, the proposed ordinance seeks to regulate group homes and sober living facilities to curb these evils, providing a safe space for persons to recover from drug and alcohol addiction and preserving the residential character of neighborhoods. The proposed ordinance regulates group homes and sober living homes in accordance with State and Federal law.

State and Federal Law
The California Constitution gives cities broad police powers to preserve the characteristics of residential zones. The Federal Fair Housing Act (“FHAA”) and California Fair Employment Housing Act (“FEHA”) prohibit enforcement of zoning ordinances which on their face discriminate, or have the effect of discriminating, against equal housing opportunities for persons with disabilities. Persons recovering from alcohol and drug addiction, who are not currently using alcohol or drugs, are considered persons with disabilities under both the FHAA and FEHA. The FHAA and FEHA also require that the City provide reasonable accommodations to its zoning ordinances if such accommodation is necessary to afford a handicapped person an equal opportunity to use and enjoy a dwelling.

The California Lanterman Act requires cities to treat state licensed residential care facilities serving six or fewer as a residential use, meaning the City cannot impose any zoning restrictions on state licensed residential care facilities that it does not impose on other

Ordinance Adding Chapters 4.35 Group Homes and 21.29 Group Homes and Amending Section 21.08.030 Residential Zoning District Land Uses and Permit Requirements September 19, 2023

residences.1 A city also cannot impose zoning restrictions, or occupancy limits for unrelated persons who live together that do not also apply to other single-family residences, if the unrelated persons live together as a single housekeeping unit.2 If a group of people living together can meet the definition of a “household” or “family,” there is no limit on the number of people who are permitted to live together, except for Housing Code limits.

Proposed Regulations on Group Homes and Sober Living Facilities The proposed ordinance excludes state licensed care facilities and any group home and/or sober living home that operates as a single housekeeping unit from its zoning restrictions and permit requirements. Facilities that are licensed by the state or households that operate as a single housekeeping unit will not be regulated by this ordinance in compliance with State law.

Group homes with six or fewer residents in the R1, GH, R2, R3, and R4 zones will have to obtain a special use permit. Group homes with seven or more residents are not permitted in the R1 zone. Group homes with seven or more residents in the GH, R2, R3, and R4 zones must obtain a conditional use permit and an operator’s permit.

Permits will not be issued pursuant to the ordinance unless there is a 650-foot separation between the applicant’s group home and any other sober living home or a state licensed alcoholism or drug abuse recovery or treatment facility. All occupants, other than the house manager, must be actively participating in a legitimate recovery program. A permit will not be issued if the owner/operator or staff person is a sex offender, violent felon, or drug dealer.

Additional requirements include a twenty four hour house manager present at the group home on a day to day basis, transportation for evicted residents to their permanent address, and prohibition of the use of any alcohol or any non-prescription drug at the sober living home or by any resident either on or off site.

In addition, existing group homes must apply for a special use permit within ninety days of the effective date of the ordinance. Group home and sober living home operators may seek relief from any section of the ordinance by requesting a reasonable accommodation pursuant to Fountain Valley Municipal Code section 21.08.060.

Planning Commission Review and Recommendation:

On February 8, 2023, the Planning Commission, at a duly noticed public hearing, heard the proposed Ordinance, and voted 5-0 to recommend the adoption of the Ordinance by the City Council with the guidance that the imposition of greater fines for violators be looked into by staff. On March 7, 2023, the City Council continued the ordinance and directed the Attorneys for the City to bring it back at a later date after there had been developments in the Costa Mesa litigation.
1 Health and Safety code 11834.21; 11834.23.
2 City of Santa Barbara v. Adamson, 27 Cal. 3d 123, 134.

Ordinance Adding Chapters 4.35 Group Homes and 21.29 Group Homes and Amending Section 21.08.030 Residential Zoning District Land Uses and Permit Requirements September 19, 2023

During a noticed public hearing on September 19, 2023, the City Council approved the first reading and introduction of this ordinance without amendment.

FISCAL REVIEW:

There is no fiscal impact related to this item.

PUBLIC NOTIFICATION:

This item was agendized in compliance with the Brown Act.

ENVIRONMENTAL IMPACT REVIEW:

This request is exempt from environmental review under the California Environmental Quality Act (CEQA) pursuant to the California Code of Regulations, Title 14, Chapter 3, Section 15061 (b)(3) (General Rule) of the CEQA Guidelines, because it has no potential for resulting in a physical change to the environment, directly or indirectly.

ATTORNEY REVIEW:

The Attorneys for the City reviewed and approved this ordinance.

ALTERNATIVES:

Alternative No.1: Approve the second read and adoption of an ordinance adding chapters

4.35 Group Homes and 21.29 Group Homes and amending Section 21.08.030 Residential Zoning District Land Uses and Permit Requirements.

Alternative No. 2: Do not approve the proposed ordinance. and provide direction to staff.

Recommendation: If the City Council desires to regulate group homes in accordance with the City of Costa Mesa and its ordinance, Staff recommends Alternative No.1: Approve the second read and adoption of an ordinance adding chapters 4.35 Group Homes and 21.29 Group Homes and amending Section 21.08.030 Residential Zoning District Land Uses and Permit Requirements.

Prepared by: Alexandra Halfman, Attorneys for the City
Reviewed by: Omar Dadabhoy, Community Development Director Approved by: Maggie Le, City Manager
Attachments: 1. Ordinance labeled “Exhibit A”

ORDINANCE NO.______

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
FOUNTAIN VALLEY ADDING CHAPTERS 4.35 GROUP HOMES
AND 21.29 GROUP HOMES AND AMENDING SECTION

21.08.030 RESIDENTIAL ZONING DISTRICT LAND USES AND

PERMIT REQUIREMENTS TO THE FOUNTAIN VALLEY

MUNICIPAL CODE
WHEREAS, under the California Constitution, Article XI, Section 7, the City has been granted broad police powers to preserve the residential characteristics of its R1, GH, R2, R3, and R4 zones, which powers have been recognized by both the California Supreme Court and United States Supreme Court, the latter of which has stated that, “It is within the power of the legislature to determine that the community should be beautiful as well as healthy, spacious as well as clean, well-balanced as well as carefully patrolled;” WHEREAS, the Federal Fair Housing Act Amendments (“FHAA”) and the California Fair Employment Housing Act (“FEHA”) prohibit enforcement of zoning ordinances which on their face discriminate, or have the effect of discriminating, against equal housing opportunities for persons with disabilities; WHEREAS, a core purpose of the FHAA, FEHA and California’s Lanterman Act is to provide a broader range of housing opportunities to persons with disabilities; to free persons with disabilities, to the extent possible, from institutional style living; and to ensure that persons with disabilities have the opportunity to live in normal residential surroundings and use and enjoy a dwelling in a manner similar to the way a dwelling is enjoyed by others;
WHEREAS, to fulfill this purpose the FHAA and FEHA also require that the City provide reasonable accommodations to its zoning ordinances if such accommodation is necessary to afford a handicapped person an equal opportunity to use and enjoy a dwelling;
WHEREAS, the Lanterman Act fulfills this purpose in part by requiring cities to treat state licensed residential care facilities serving six or fewer as a residential use; WHEREAS, in enacting this Ordinance the City Council of the City of Fountain Valley is attempting to strike a balance between the City’s and residents’ interests of preserving the characteristics of residential neighborhoods and to provide opportunities for persons with disabilities to reside in such neighborhoods that are enjoyed by others; WHEREAS, over the past several years the City, County and State have seen a significant increase in the number of single- and multi-family homes being utilized as alcohol and drug recovery facilities for large numbers of individuals (hereafter, “sober living homes”);

WHEREAS, the increase appears to be driven in part by the Substance Abuse and Crime Prevention Act of 2000 (hereafter, “the Act”) adopted by California voters which provides that specified first-time drug and alcohol offenders are to be afforded the opportunity to receive substance abuse treatment rather than incarceration; WHEREAS, the Affordable Care Act has significantly expanded the availability of health care coverage for substance abuse treatment;
WHEREAS, the City of Fountain Valley has seen a sharp increase in the number of sober living homes, which has generated secondary impacts including, but not limited to neighborhood parking shortfalls, overcrowding, inordinate amounts of second-hand smoke, and noise; and the clustering of sober living facilities in close proximity to each other creating near neighborhoods of sober living homes; WHEREAS, over the last decade the number of sober living homes in the City of Fountain Valley is rapidly increasing, leading to an overconcentration of sober living homes in certain of the City’s residential neighborhoods, which is both deleterious to the residential character of these neighborhoods and may also lead to the institutionalization of such neighborhoods;
WHEREAS, the purpose of sober living homes is to provide a comfortable living environment for persons with drug or alcohol addictions in which they remain clean and sober and can participate in a recovery program in a residential, community environment, and so that they have the opportunity to reside in the residential neighborhood of their choice;
WHEREAS, recovering alcoholics and drug addicts, who are not currently using alcohol or drugs, are considered persons with disabilities under both the FHAA and FEHA;
WHEREAS, based on the City’s experience it has become clear that at least some operators of sober living homes are driven more by a motivation to profit rather than to provide a comfortable living environment in which recovering addicts have a realistic potential of recovery, or to provide a living environment which remotely resembles the manner in which the non-disabled use and enjoy a dwelling; WHEREAS, persons with drug and/or alcohol addictions are an extremely vulnerable population and City desires to protect these persons from, based on City’s experience, sober living home operators, who are interested solely in profit and have been exploiting persons in recovery for insurance money and financial gain to the disadvantage of the person as well as the surrounding neighborhood;
WHEREAS, establishing distance requirements for sober living homes is reasonable and non-discriminatory and not only helps preserve the residential character of the R1, GH, R2, R3, and R4 zones; as well as the planned development residential neighborhoods, but also furthers the interest of ensuring that persons with disabilities are

not living in overcrowded environments that are counterproductive to their well-being and recovery;
WHEREAS, sober living homes do not function as a single housekeeping unit for the following reasons: (1) they house extremely transient populations (programs are generally about 90 days and a 2008 UCLA study found that 65-70% of recovering addicts don’t finish their recovery programs); (2) the residents generally have no established ties to each other when they move in and typically do not mingle with other neighbors; (3) neighbors generally do not know who or who does not reside in the home; (4) the residents have little to no say about who lives or doesn’t live in the home; (5) the residents do not generally share expenses; (6) the residents are often responsible for their own food, laundry and phone; (7) when residents disobey house rules they are often just kicked out of the house; (8) the residents generally do not share the same acquaintances; and (9) residents often pay significantly above market rate rents; WHEREAS, because of their extremely transient populations, above-normal numbers of individuals/adults residing in a single dwelling and the lack of regulations, sober living facilities present problems not typically associated with more traditional residential uses, including but not limited to: the housing of large numbers of unrelated adults who may or may not be supervised; disproportionate numbers of cars associated with a single housing unit, which causes disproportionate traffic and utilization of on-street parking; excessive noise and outdoor smoking, which interferes with the use and enjoyment of neighbors’ use of their property; neighbors who have little to no idea who does and does not reside in the home; little to no participation in community activities that form and strengthen neighborhood cohesion; a history of opening facilities in complete disregard of the Fountain Valley Municipal Code and with little regard for impacts to the neighborhood; disproportional impacts from the average dwelling unit to nearly all public services including sewer, water, parks, libraries, transportation infrastructure, fire and police; a history of congregating in the same general area; and the potential influx of individuals with a criminal record;
WHEREAS, a variable separation requirement will still allow for a reasonable market for the purchase and operation of sober living homes within the City and still result in preferential treatment for sober living homes in that individuals in a similar living situation (i.e., in boardinghouse-style residences) have fewer housing opportunities than persons with disabilities;
WHEREAS, housing inordinately large numbers of unrelated adults in a single dwelling or congregating sober living homes in close proximity to each other does not provide persons with disabilities with an opportunity to “live in normal residential surroundings,” but rather places them into living environments bearing more in common with the types of institutional/campus/dormitory living that the FEHA and FHAA were designed to provide relief from for persons with disabilities, and which no reasonable person could contend provides a life in a normal residential surrounding;

WHEREAS, notwithstanding the above, the City Council recognizes that while not in character with residential neighborhoods, when operated responsibly, group homes, including sober living homes, provide a societal benefit by providing persons with disabilities the opportunity to live in residential neighborhoods, as well as providing recovery programs for individuals attempting to overcome their drug and alcohol addictions, and that therefore providing greater access to residential zones to group homes, including sober living homes, than to boardinghouses or any other type of group living provides a benefit to the City and its residents; WHEREAS, without some regulation there is no way of ensuring that the individuals entering into a group home are persons with disabilities and entitled to reasonable accommodation under local and state law; that a group home is operated professionally to minimize impacts to the surrounding neighborhood; and that the secondary impacts from over concentration of both group homes in a neighborhood and large numbers of unrelated adults residing in a single facility in an individual home are lessened;
WHEREAS, in addition to group homes locating in residential neighborhoods other state-licensed residential care facilities for six or fewer persons who are mentally disabled or otherwise disabled or supervised, are also taking up residence in these neighborhoods; WHEREAS, the purpose of group homes for persons with disabilities is to provide persons with disabilities an equal opportunity to comfortably reside in the residential neighborhood of their choice; and
WHEREAS, this Ordinance has been reviewed for compliance with the California Environmental Quality Act (CEQA), the CEQA guidelines, and the City’s environmental procedures, and has been found to be exempt pursuant to Section 15061 (b)(3) (General Rule) of the CEQA Guidelines, in that the City Council hereby finds that it can be seen with certainty that there is no possibility that the passage of this Ordinance will have a significant effect on the environment.

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

Section 1:

Fountain Valley Municipal Code Chapter 4.35 “Group Homes” is hereby added to read as follows:

4.35.010 Definitions.

The following definitions shall apply to this Chapter. To the extent these definitions conflict with any other provision in the Municipal Code, these definitions shall control:
“Alcoholism or drug abuse recovery or treatment facility” means adult alcoholism or drug abuse recovery or treatment facilities that are licensed pursuant to Section

11834.01 of the California Health & Safety Code. Alcoholism or drug abuse recovery or treatment facilities are a subset of residential care facilities. “Boardinghouse” means a dwelling unit, other than a hotel, wherein rooms are rented under two (2) or more separate written or oral rental agreements, leases or subleases or combination thereof, whether or not the owner, agent or rental manager resides within the dwelling unit. Boardinghouse, small means two (2) or fewer rooms being rented to a maximum of three (3) occupants per dwelling unit. Boardinghouse, large means three (3) to six (6) rooms being rented to a maximum of six (6) occupants per dwelling unit. Boardinghouses renting two (2) or fewer rooms and having more than three (3) occupants or renting more than six (6) rooms and/or having more than six (6) occupants, per dwelling unit are prohibited.
“Disabled” shall have the same meaning as handicapped.
“Fair housing laws” means the Federal Fair Housing Act, the Americans with Disabilities Act, and the California Fair Employment and Housing Act, as each statute may be amended from time to time, and each statute’s implementing regulations. “Group home” means a facility that is being used as a supportive living environment for persons who are considered disabled under state or federal law. A group home operated by a single operator or service provider (whether licensed or unlicensed) constitutes a single facility, whether the facility occupies one (1) or more dwelling units.

Group homes shall not include the following: (1) residential care facilities; (2) any group home that operates as a single housekeeping unit.
“Handicapped” means, as more specifically defined under the fair housing laws, a person who has a physical or mental impairment that limits one (1) or more major life activities, a person who is regarded as having that type of impairment, or a person who has a record of that type of impairment, not including current, illegal use of a controlled substance.
“Household” means all the people occupying a dwelling unit and includes people who live in different units governed by the same operator. “Integral facilities” means any combination of two (2) or more group homes which may or may not be located on the same or contiguous parcels of land, that are under the control and management of the same owner, operator, management company or licensee or any affiliate of any of them, and are integrated components of one operation shall be referred to as integral facilities and shall be considered one facility for purposes of applying federal, state and local laws to its operation. Examples of such integral facilities include, but are not limited to, the provision of housing in one facility and recovery programming, treatment, meals, or any other service or services to program participants in another facility or facilities or by assigning staff or a consultant or consultants to provide services to the same program participants in more than one licensed or unlicensed facility.

“Integral uses” means any two or more residential care programs commonly administered by the same owner, operator, management company or licensee, or any affiliate of any of them, in a manner in which participants in two or more care programs participate simultaneously in any care or recovery activity, or activities so commonly administered. Any such integral use shall be considered one use for purposes of applying federal, state and local laws to its operation.
“Operator” means a company, business or individual who provides residential services, i.e., the placement of individuals in a residence, setting of house rules, and governing behavior of the residents as residents. Operator does not include a property owner or property manager that exclusively handles real estate contracting, property management and leasing of the property and that does not otherwise meet the definition of operator.
“Planning Department” means the Planning Department of the City of Fountain Valley.
“Property” means any single development lot that has been subdivided bearing its own assessor’s parcel number or with an approved subdivision map or condominium map.
‘Referral facility” means a residential care facility or a group home where one or more person’s residency in the facility is pursuant to a court order or directive from an agency in the criminal justice system.
“Residential care facility” means a residential facility licensed by the state where care, services, or treatment is provided to persons living in a supportive community residential setting. Residential care facilities include but may not be limited to the following: intermediate care facilities for the developmentally disabled (Health & Saf.

Code §§ 1267.8, 1267.9); community care facilities (Health & Saf. Code §§ 1500 et seq.); residential care facilities for the elderly (Health & Saf. Code §§ 1569 et seq.); residential care facilities for the chronically ill (22 C.C.R. § 87801(a)(5); Health & Saf. § 1568.02); alcoholism and drug abuse facilities (Health & Saf. Code §§ 11834.02-11834.30); pediatric day health and respite care facilities (Health & Saf. Code §§ 1760 et seq.); residential health care facilities, including congregate living health facilities (Health & Saf.

Code §§ 1265 – 1271.1, 1250(i), 1250(e), (h)); family care home, foster home, group home for the mentally disordered or otherwise handicapped persons or dependent and neglected children (Wel. & Inst. Code §§ 5115-5120).
“Single housekeeping unit” means that the occupants of a dwelling unit have established ties and familiarity with each other, jointly use common areas, interact with each other, share meals, household activities, and expenses and responsibilities; membership in the single housekeeping unit is fairly stable as opposed to transient, members have some control over who becomes a member of the household, and the residential activities of the household are conducted on a nonprofit basis. There is a rebuttable presumption that integral facilities do not constitute single housekeeping units.

Additional indicia that a household is not operating as a single housekeeping unit include but are not limited to: the occupants do not share a lease agreement or ownership of the property; members of the household have separate, private entrances from other members; members of the household have locks on their bedroom doors; members of the household have separate food storage facilities, such as separate refrigerators. “Sober living home” means a group home for persons who are recovering from a drug and/or alcohol addiction and who are considered disabled under state or federal law.

Sober living homes shall not include the following: (1) residential care facilities; (2) any sober living home that operates as a single housekeeping unit.

4.35.020 Zoning requirements.

In addition to the requirements of this article, all group homes subject to this article shall comply with the requirements set forth in Chapter 21.29 of Title 21 of this Code.

4.35.025 Operator’s permit required.

It is unlawful for any person to operate, or to permit any person to operate, a group home on any property located within the GH, R2, R3, and R4 zone, without a valid permit issued for that group home pursuant to the provisions of this article.

4.35.030 Exceptions.

The requirements of this article shall not apply to:
(a) A group home that has six (6) or fewer occupants, not counting a house manager, and that is in compliance with the applicable provisions of Chapter 21.29; or (b) A state licensed alcoholism or drug abuse recovery or treatment facility; or (c) A state licensed residential care facility.

4.35.035 Requirements for issuance of operator’s permit. (a) The owner/operator shall submit an application to the director of the Planning Department, or his or her designee that provides the following information:
(1) The name, address, phone number and driver’s license number of the owner/operator;
(2) If the applicant and/or operator is a partnership, corporation, firm or association, then the applicant/operator shall provide the additional names and addresses as follows and such persons shall also sign the application:
i. Every general partner of the partnership;
ii. Every owner with a controlling interest in the corporation; and

iii. The person designated by the officers of a corporation as set forth in a resolution of the corporation that is to be designated as the permit holder. (3) The license and permit history of the applicant(s), including whether such applicant(s), in previously operating a similar use in this or another city, county or state under license and/or permit, has had such license and/or permit revoked or suspended, and the reason therefor;
(4) The name, address, phone number and driver’s license number of the house manager;
(5) A copy of the group home rules and regulations;
(6) Written intake procedures;
(7) The relapse policy;
(8) An affirmation by the owner/operator that only residents (other than the house manager) who are disabled as defined by state and federal law shall reside at the group home;
(9) Blank copies of all forms that all residents and potential residents are required to complete; and
(10) A fee for the cost of processing of the application as set by resolution of the city council.
(b) Requirements for operation of group homes.
(1) The group home has a house manager who resides at the group home or any multiple of persons acting as a house manager who are present at the group home on a twenty-four (24) hour basis and who are responsible for the day-to-day operation of the group home.
(2) All garage and driveway spaces associated with the dwelling unit shall, at all times, be available for the parking of vehicles. Residents and the house manager may each only store or park a single vehicle at the dwelling unit or on any street within five hundred (500) feet of the dwelling unit. The vehicle must be operable and currently used as a primary form of transportation for a resident of the group home. (3) Occupants must not require, and operators must not provide, “care and supervision” as those terms are defined by Health and Safety Code section 1503.5 and section 80001(c)(3) of Title 22, California Code of Regulations. (4) Integral group home facilities are not permitted. Applicants shall declare, under penalty of perjury, that the group home does not operate as an integral use/facility.

(5) If the group home operator is not the property owner, written approval from the property owner to operate a group home at the property. (6) At least forty-eight (48) hours prior to eviction from or involuntary termination of residency in a group home, the operator thereof shall:
i. Notify the person designated as the occupant’s emergency contact or contact of record that the occupant will no longer be a resident at the home; ii. Contact the Orange County Health Care Agency OC Links Referral Line or other entity designated by the City to determine the services available to the occupant, including, but not limited to, alcohol and drug inpatient and outpatient treatment; iii. Notify the Fountain Valley Police Department that an occupant is no longer a resident at the home, determine the services available therefrom; and iv. Provide the information obtained from paragraphs ii and iii of this subsection (b)(6) and any other treatment provider or service to the occupant prior to his or her release on a form provided by the city and obtain the occupant’s signed acknowledgement thereon;
v. Provided, however, that if the occupant’s behavior results in immediate termination of residency pursuant to rules approved by the city as part of the conditional use permit for that facility, the operator shall comply with paragraphs i though iv of this subsection (b)(6) as soon as possible.
(7) Prior to an occupant’s eviction from or involuntary termination of residency in a group home, the operator thereof shall also:
i. Make available to the occupant transportation to the address listed on the occupant’s driver license, state issued identification card, or the permanent address identified in the occupant’s application or referral to the group home; ii. Provided, however, that should the occupant decline transportation to his or her permanent address or otherwise has no permanent address, then the operator shall make available to the occupant transportation to another group home or residential care facility that has agreed to accept the occupant.
(8) The group home operator shall maintain records for a period of one year following eviction from or involuntary termination of residency of an occupant that document compliance with subsections (a)(6) and (a)(7) of this section; provided, however, that nothing herein shall require an operator of a group home to violate any provision of state or federal law regarding confidentiality of health care information. The group home operator may not satisfy the obligations set forth in subsection (a)(7) by providing remuneration to the occupant for the cost of transportation.

(9) All drivers of vehicles picking up or dropping off persons at a group home shall comply with all applicable provisions of this Code and the Vehicle Code, including, but not limited to, those provisions regulating licensure and parking, standing and stopping.
(10) The property must be in full compliance with all building codes, municipal code and zoning.
(11) In addition to the regulations outlined above, the following shall also apply to sober living homes:
i. All occupants, other than the house manager, must be actively participating in legitimate recovery programs, including, but not limited to, Alcoholics Anonymous or Narcotics Anonymous and the sober living home must maintain current records of meeting attendance. Under the sober living home’s rules and regulations, refusal to actively participate in such a program shall be cause for eviction. ii. The sober living home’s rules and regulations must prohibit the use of any alcohol or any non-prescription drugs at the sober living home or by any recovering addict either on or off site. The sober living home must also have a written policy regarding the possession, use and storage of prescription medications. The facility cannot dispense medications but must make them available to the residents. The possession or use of prescription medications is prohibited except for the person to whom they are prescribed, and in the amounts/dosages prescribed. These rules and regulations shall be posted on site in a common area inside the dwelling unit. Any violation of this rule must be cause for eviction under the sober living home’s rules for residency and the violator cannot be re-admitted for at least ninety (90) days. Any second violation of this rule shall result in permanent eviction. Alternatively, the sober living home must have provisions in place to remove the violator from contact with the other residents until the violation is resolved. iii. The number of occupants subject to the sex offender registration requirements of Penal Code section 290 does not exceed the limit set forth in Penal Code section 3003.5 and does not violate the distance provisions set forth in Penal Code section 3003. iv. The sober living home shall have a written visitation policy that shall preclude any visitors who are under the influence of any drug or alcohol. v. The sober living home shall have a good neighbor policy that shall direct occupants to be considerate of neighbors, including refraining from engaging in excessively loud, profane or obnoxious behavior that would unduly interfere with a neighbor’s use and enjoyment of their dwelling unit. The good neighbor policy shall establish a written protocol for the house manager/operator to follow when a neighbor complaint is received.

vi. The sober living home shall not provide any of the following services as they are defined by section 10501(a)(6) of Title 9, California Code of Regulations:
detoxification; educational counseling; individual or group counseling sessions; and treatment or recovery planning.
(c) An applicant may seek relief from the strict application of this section by submitting an application to the director of the Planning Department setting forth specific reasons as to why accommodation over and above this section is necessary under state and federal laws, pursuant to Section 21.08.060 of Chapter 21.08 of Title 21 of this Code. (d) The operator’s permit shall be issued by the director of the Planning Department if the applicant is in compliance, or, where applicable, has agreed to comply, with the requirements of subsections (a) and (b) above. (e) In addition to denying an application for failing to comply, or failing to agree to comply, with subsections (a) and/or (b) of this section, an operator’s permit shall also be denied, and if already issued shall be revoked upon a hearing by the director of the Planning Department, under any of the following circumstances:
(1) Any owner/operator or staff person has provided materially false or misleading information on the application or omitted any pertinent information. (2) Any owner/operator or staff person has an employment history in which he or she was terminated during the past two years because of physical assault, sexual harassment, embezzlement or theft; falsifying a drug test; or selling or furnishing illegal drugs or alcohol.
(3) Any owner/operator or staff person has been convicted of or pleaded nolo contendere, within the last seven (7) to ten (10) years, to any of the following offenses:
i. Any sex offense for which the person is required to register as a sex offender under California Penal Code section 290 (last ten (10) years); ii. Arson offenses—Violations of Penal Code Sections 451—455 (last seven (7) years); or
iii. Violent felonies, as defined in Penal Code section 667.5, which involve doing bodily harm to another person (last ten (10) years).
iv. The unlawful sale or furnishing of any controlled substances (last seven (7) years).
(4) Any owner/operator or staff person is on parole or formal probation supervision on the date of the submittal of the application or at any time thereafter.

(5) The owner/operator accepts residents, other than a house manager, who are not disabled or handicapped as defined by the FHAA and FEHA. (6) An operator’s permit for a sober living home shall also be denied, and if already issued shall be revoked upon a hearing by the director of the Planning Department, under any of the following additional circumstances:
i. The owner/operator of a sober living home fails to immediately take measures to remove any resident who uses alcohol or illegally uses prescription or non-prescription drugs, or who is not actively participating in a legitimate recovery program from contact with all other sober residents.
ii. For any other significant and/or repeated violations of this section and/or any other applicable laws and/or regulations.

4.35.040 Transfer of operator’s permit.
(a) An operator’s permit shall not be valid for a location other than the property for which it is issued, unless and until the transfer of the permit is approved by the Community Development Director pursuant to the requirements of section 4.35.035. (b) An operator’s permit may not be transferred to any other person or entity. No operator’s permit issued pursuant to this article shall be transferred or assigned or authorize any person or entity other than the person or entity named in the permit to operate the group home named therein.

4.35.045 Revocation of operator’s permit.

An operator’s permit may be revoked upon a hearing by the Community Development Director pursuant to section 4.35.035 for failing to comply with the terms of the permit and/or for failing to comply with the applicable provisions of section 4.35.035.

4.35.050. Reapplication after denial or revocation.
(a) An applicant for an operator’s permit whose application for such an operator’s permit has been denied may not reapply for such an operator’s permit for a period of six months from the date such notice of denial was issued.
(b) A holder of an operator’s permit that has been cancelled, revoked, or otherwise invalidated may not reapply for an operator’s or a user’s permit for a period of six months from the date that such revocation, cancellation, or invalidation became final.

4.35.055 Compliance.

A group home that is subject to the provisions of this Chapter that is in existence as of the effective date of this ordinance shall have one hundred twenty (120) days to comply with the provisions of this Chapter.

Section 2:

Fountain Valley Municipal Code Chapter 21.29 Group Homes is hereby added to read as follows:

21.29.010 Purpose.

This chapter is intended to preserve the residential character of single-family residential neighborhoods and to further the purposes of the FEHA, the FHAA and the Lanterman Act by, among other things: (1) ensuring that group homes are actually entitled to the special accommodation and/or additional accommodation provided under the Fountain Valley Municipal Code and not simply skirting the city’s boarding house regulations; (2) limiting the secondary impacts of group homes by reducing noise and traffic, preserving safety and providing adequate on street parking; (3) providing an accommodation for persons with disabilities that is reasonable and actually bears some resemblance to the opportunities afforded non-handicapped individuals to use and enjoy a dwelling unit in a single-family neighborhood; and (4) to provide comfortable living environments that will enhance the opportunity for persons with disabilities and for recovering addicts to be successful in their programs.

21.29.020 Definitions
The definitions in Chapter 4.35 shall apply to this Chapter. To the extent those definitions conflict with any other provision in the Municipal Code, the definitions in Chapter 4.35 shall control for purposes of this Chapter.

21.29.030 Special use permit required for R1 zone.
(a) A group home that may otherwise be considered an unpermitted use may locate in an R1 zone with a special use permit provided:
(1) An application for a group home is submitted to the Community Development Director, or his or her designee, by the owner/operator of the group home. The application shall provide the following:
i. The name, address, phone number and driver’s license number of the owner/operator;
ii. If the applicant and/or operator is a partnership, corporation, firm or association, then the applicant/operator shall provide the additional names and addresses as follows and such persons shall also sign the application:
a. Every general partner of the partnership,
b. Every owner with a controlling interest in the corporation, c. The person designated by the officers of a corporation as set forth in a resolution of the corporation that is to be designated as the permit holder;

iii. The license and permit history of the applicant(s), including whether such applicant(s), in previously operating a similar use in this or another city, county or state under license and/or permit, has had such license and/or permit revoked or suspended, and the reason therefor;
iv. The name, address, phone number and driver’s license number of the house manager;
v. A copy of the group home rules and regulations;
vi. Written intake procedures;
vii. The relapse policy;
viii. An affirmation by the owner/operator that only residents (other than the house manager) who are disabled as defined by state and federal law shall reside at the group home;
ix. Blank copies of all forms that all residents and potential residents are required to complete; and
x. A fee for the cost of processing of the application as set by resolution of the city council.
(b) No person shall open a group home or begin employment with a group home until this information has been provided and such persons shall be responsible for updating any of this information to keep it current.
(2) The group home has six (6) or fewer occupants, not counting a house manager, but in no event shall have more than seven (7) occupants. If the dwelling unit has an accessory dwelling unit (ADU), occupants of both units will be combined to determine whether or not the limit of six (6) occupants has been exceeded. (3) The group home shall not be located in an ADU unless the primary dwelling unit is used for the same purpose.
(4) The group home has a house manager who resides at the group home or any multiple of persons acting as a house manager who are present at the group home on a twenty-four hour basis and who are responsible for the day-to-day operation of the group home.
(5) All garage and driveway spaces associated with the dwelling unit shall, at all times, be available for the parking of vehicles. Residents and the house manager may each only store or park a single vehicle at the dwelling unit or on any street within five hundred feet of the dwelling unit. The vehicle must be operable and currently used as a primary form of transportation for a resident of the group home.

(6) Occupants must not require, and operators must not provide, “care and supervision” as those terms are defined by Health and Safety Code section 1503.5 and section 80001(c)(3) of Title 22, California Code of Regulations. (7) Integral group home facilities are not permitted. Applicants shall declare, under penalty of perjury, that the group home does not operate as an integral use/facility. (8) If the group home operator is not the property owner, the application must include written approval from the property owner to operate a group home at the property. (9) The property must be in full compliance with all building codes, municipal codes, and zoning.
(10) At least forty-eight hours prior to an occupant’s eviction from or involuntary termination of residency in a group home, the operator thereof shall:
i. Notify the person designated as the occupant’s emergency contact or contact of record that the occupant will no longer be a resident at the home; ii. Contact the Orange County Health Care Agency OC Links Referral Line and/or another entity designated by the City to determine the services available to the occupant, including, but not limited to, alcohol and drug inpatient and outpatient treatment;
iii. Notify the Fountain Valley Police Department that an occupant is no longer a resident at the home, and determine the services available therefrom; iv. Provide the information obtained from paragraphs ii and iii of this subsection (a)(10) and any other treatment provider or service to the occupant prior to his or her release on a form provided by the City and obtain the occupant’s signed acknowledgement thereon;
v. Provided, however, that if the occupant’s behavior results in immediate termination of residency pursuant to rules approved by the City of Fountain Valley as part of the special use permit for that facility, the operator shall comply with paragraphs i through iv of this subsection (a)(10) as soon as possible. (11) Prior to an occupant’s eviction from or involuntary termination of residency in a group home, the operator thereof shall also:
i. Make available to the occupant transportation to the address listed on the occupant’s driver license, state-issued identification card, or the permanent address identified in the occupant’s application or referral to the group home;

ii. Provided, however, that should the occupant decline transportation to his or her permanent address, or otherwise has no permanent address, then the operator shall make available to the occupant transportation to another group home or residential care facility that has agreed to accept the occupant.
(12) The group home operator shall maintain records for a period of one year following eviction from, or involuntary termination of, residency of an occupant that document compliance with subsections (a)(10) and (a)(11) of this section; provided, however, that nothing herein shall require an operator of a group home to violate any provision of state or federal law regarding confidentiality of health care information. The group home operator may not satisfy the obligations set forth in subsection (a)(11) of this section by providing remuneration to the occupant for the cost of transportation. (13) All drivers of vehicles picking up or dropping off persons at a group home shall comply with all applicable provisions of this Code and the Vehicle Code, including, but not limited to, those provisions regulating licensure and parking, standing, and stopping.
(14) In addition to the regulations outlined above, the following shall also apply to sober living homes:
i. The sober living home is not located within six hundred fifty (650) feet, as measured from the closest property lines, of any other sober living home or a state licensed alcoholism or drug abuse recovery or treatment facility. ii. All occupants, other than the house manager, must be actively participating in legitimate recovery programs, including, but not limited to, Alcoholics Anonymous or Narcotics Anonymous and the sober living home must maintain current records of meeting attendance. Under the sober living home’s rules and regulations, refusal to actively participate in such a program shall be cause for eviction. iii. The sober living home’s rules and regulations must prohibit the use of any alcohol or any non-prescription drugs at the sober living home, or by any recovering addict, either on or off site. The sober living home must also have a written policy regarding the possession, use, and storage of prescription medications. The facility cannot dispense medications but must make them available to the residents. The possession or use of prescription medications is prohibited except for the person to whom they are prescribed, and in the amounts/dosages prescribed. These rules and regulations shall be posted on site in a common area inside the dwelling unit. Any violation of this rule must be cause for eviction under the sober living home’s rules for residency and the violator cannot be re-admitted for at least ninety days. Any second violation of this rule shall result in permanent eviction. Alternatively, the sober living home must have provisions in place to remove the violator from contact with the other residents until the violation is resolved.

iv. The number of occupants subject to the sex offender registration requirements of Penal Code section 290 does not exceed the limit set forth in Penal Code section 3003.5 and does not violate the distance provisions set forth in Penal Code section 3003.
v. The sober living home shall have a written visitation policy that shall preclude any visitors who are under the influence of any drug or alcohol. vi. The sober living home shall have a good neighbor policy that shall direct occupants to be considerate of neighbors, including refraining from engaging in excessively loud, profane, or obnoxious behavior that would unduly interfere with a neighbor’s use and enjoyment of their dwelling unit. The good neighbor policy shall establish a written protocol for the house manager/operator to follow when a neighbor complaint is received.
vii. The sober living home shall not provide any of the following services as they are defined by section 10501(a)(6) of Title 9, California Code of Regulations:
detoxification; educational counseling; individual or group counseling sessions; and treatment or recovery planning.
(15) An applicant may seek relief from the strict application of this section by submitting an application to the Community Development Director setting forth specific reasons as to why accommodation over and above this section is necessary under state and federal laws, pursuant to Section 21.08.060 of Chapter 21.08 of Title 21 of this Code. (b) The special use permit shall be issued by the Community Development Director as a ministerial matter if the applicant is in compliance, or has agreed to comply, with subsections (a)(1) through (a)(14) of this section. At least ten (10) days prior to issuing a special use permit, the Community Development Director, or his or her designee, shall cause written notice to be mailed to the owner of record and occupants of all properties within five hundred feet of the location of the group home. Prior to issuance of the special use permit, the Community Development Director, or his or her designee, shall hold a public hearing for the purpose of receiving information regarding compliance with the applicable provisions of subsections (a) and (b) of this section. The issuance of the special use permit shall be denied upon a determination, and if already issued shall be denied or revoked upon a hearing, by the Community Development Director that any of the following circumstances exist:
(1) Any owner/operator or staff person has provided materially false or misleading information on the application or omitted any pertinent information; (2) Any owner/operator or staff person has an employment history in which he or she was terminated during the past two (2) years because of physical assault, sexual harassment, embezzlement or theft; failing a drug test; falsifying a drug test; and selling or furnishing illegal drugs or alcohol.

(3) Any owner/operator or staff person has been convicted of or pleaded nolo contendere, within the last seven (7) to ten (10) years, to any of the following offenses:
i. Any sex offense for which the person is required to register as a sex offender under California Penal Code section 290 (last ten (10) years); ii. Arson offenses—Violations of Penal Code Sections 451—455 (last seven (7) years); or
iii. Violent felonies, as defined in Penal Code section 667.5, which involve doing bodily harm to another person (last ten (10) years).
iv. The unlawful sale or furnishing of any controlled substances (last seven (7) years).
(4) Any owner/operator or staff person is on parole or formal probation supervision on the date of the submittal of the application or at any time thereafter. (5) The owner/operator accepts residents, other than a house manager, who are not disabled as defined by the FHAA and FEHA.
(6) A special use permit for a sober living home shall also be denied upon a determination, and if already issued, shall be revoked, and any transfer shall be denied or revoked, upon a hearing by the Community Development Director, or his or her designee, that any of the following circumstances exist:
i. Any owner/operator or staff person of a sober living home is a recovering drug or alcohol abuser and upon the date of application or employment has had less than one full year of sobriety.
ii. The owner/operator of a sober living home fails to immediately take measures to remove any resident who uses alcohol or illegally uses prescription or non-prescription drugs, or who is not actively participating in a legitimate recovery program from contact with all other sober residents.
iii. The sober living home, as measured by the closest property lines, is located within six hundred fifty feet of any other sober living home or state licensed alcoholism or drug abuse recovery or treatment facility. If a state-licensed alcoholism or drug abuse recovery or treatment facility moves within six hundred fifty feet of an existing sober living home this shall not cause the revocation of the sober living home’s permit or be grounds for denying a transfer of such permit.
(7) For any other significant and/or repeated violations of this section and/or any other applicable laws and/or regulations, including, but not limited to, failure to comply with the provisions of subsections (a)(10) through (13).

(8) Revocation shall not apply to any group home, which otherwise would cause it to be in violation of this section, that has obtained a reasonable accommodation pursuant to Section 21.08.060.

21.29.035 Compliance for group homes in R1 Zone.
(a) Existing group homes in the R1 zone must apply for a special use permit within ninety (90) days of the effective date of this chapter. (b) Group homes that are in existence upon the effective date of this chapter shall have one (1) year from the effective date of this chapter to comply with its provisions, provided that, any existing group home serving more than six (6) residents, must first comply with the six-resident maximum.
(c) Existing group homes obligated by a written lease exceeding one (1) year from the effective date of this chapter, or whose activity involves investment of money in leasehold or improvements such that a longer period is necessary to prevent undue financial hardship, are eligible for up to one (1) additional years grace period pursuant to approval of the Community Development Director or his or her designee.

21.29.040 Group homes in the GH, R2, R3 and R4 residential zones with six (6) or fewer occupants.
(a) A special use permit shall be required for the operation of a group home, including a sober living home, with six (6) or fewer occupants in the GH, R2, R3 and R4 zones subject to the following requirements:
(1) The application for, and operation of, the group home complies with subsections (a)(1), (a)(2) and (a)(4) through (a)(14) of section 21.29.030. (2) The application includes a live scan of the house manager and/or operator of the group home.
(3) The group home or sober living home is at least six hundred fifty (650) feet from any other property, as defined in section 4.35.010, that contains a group home, sober living home or state-licensed drug and alcohol treatment facility, as measured from the property line.
(b) The Community Development Director may issue, revoke, or deny a special use permit for a group home, including a sober living home subject to this chapter, pursuant to the procedures and requirements of section 21.29.030. (c) An applicant may seek relief from the strict application of this section by submitting an application to the Planning Commission setting forth specific reasons as to why accommodation over and above this section is necessary under state and federal laws, pursuant to section 21.08.060.

21.29.050. Conditional use permit required for group homes, residential care facilities and drug and alcohol treatment facilities in the GH, R2, R3, and R4 zones with seven (7) or more occupants.

A conditional use permit shall be required for the operation of a group home, statelicensed residential care facility or state-licensed drug and alcohol treatment facility with seven (7) or more occupants in the GH, R2, R3, and R4 zones subject to the following conditions:
(a) The requirements of Chapter 21.36, Conditional Use Permits, of this title have been met, including but not limited to the findings required by section 21.36.050. (b) The group home, residential care facility or state-licensed drug and alcohol treatment facility is at least six-hundred fifty feet from any property, as defined in section 13-321, that contains a group home, sober living home or state-licensed drug and alcohol treatment facility, as measured from the property line, unless the reviewing authority determines that such location will not result in an over-concentration of similar uses. (c) The applicant obtains an operator’s permit as required by 4.35.025 except that this requirement shall not apply to any state-licensed residential care facility or state licensed drug and alcohol treatment facility.

21.29.060 Compliance
(a) Group homes in the GH, R2, R3, and R4 zones with six (6) or fewer occupants that are in existence upon the effective date of this section may continue to operate subject to the following:
(1) A complete application for a special use permit is filed within 90 days of the effective date of this chapter; and
(2) The group home is in full compliance with all of the conditions of this chapter within one (1) year of its effective date. Notwithstanding the foregoing, existing group homes obligated by a written lease exceeding one (1) year from the effective date of the chapter, or whose activity involves investment of money in leasehold or improvements such that a longer period is necessary to prevent undue financial hardship, are eligible for up to one additional year grace period pursuant to approval from the Community Development Director or his or her designee.
(b) Group homes, state licensed residential care facilities and state licensed drug and alcohol treatment facilities in the GH, R2, R3, and R4 with seven (7) or more occupants that are in existence upon the effective date of this chapter may continue to operate subject to the following:

(1) The operator of a group home obtains an operator’s permit pursuant to Chapter 4.35 within one hundred twenty days from the effective date of this chapter; and (2) The group home, state licensed residential care facility and/or state licensed drug and alcohol treatment facility is in full compliance with all conditions of this chapter, including obtaining a conditional use permit, within one (1) year from the effective date of this chapter. Notwithstanding the foregoing, an existing group home, state licensed residential care facility and/or state licensed drug and alcohol treatment facility obligated by a written lease exceeding one (1) year from the effective date of the chapter, or whose activity involves investment of money in leasehold or improvements such that a longer period is necessary to prevent undue financial hardship, are eligible for up to one additional year grace period pursuant to approval from the Community Development Director or his or her designee.

Section 3:

Fountain Valley Municipal Code Section 21.08.030 Residential zoning district land uses and permit requirements is hereby amended to read as follows:

Table 2-2 identifies the uses of land allowed by this title in each residential zoning district, and the land use permit required to establish each use, in compliance with Section 21.06.030 (Allowable land uses and permit requirements) of this title.

Note: where the last column in the tables (“Specific Use Regulations”) includes a section number, the regulations in the referenced section apply to the use; however, provisions in other sections of this title may also apply.

TABLE 2-2

PERMIT REQUIRED BY DISTRICT
P Permitted Use
Allowed Uses and Permit Requirements CUP
SUP
Conditional Use Permit
Required
Special Use Permit
Required
for Residential Zoning Districts — Use Not Allowed
LAND USE (1) R1 GH R2 R3 R4
Specific
Use
Regulations

RECREATION, EDUCATION, PUBLIC ASSEMBLY USES
Private residential
recreational facilities

CUP CUP CUP CUP CUP
Assembly uses CUP CUP CUP CUP CUP
Schools - private CUP CUP CUP CUP CUP

RESIDENTIAL USES
Accessory dwelling units P P P P P 21.08.055
Affordable housing P P P P P

P Permitted Use
Allowed Uses and Permit Requirements CUP
SUP
Conditional Use Permit
Required
Special Use Permit
Required
for Residential Zoning Districts — Use Not Allowed
LAND USE (1) R1 GH R2 R3 R4
Specific
Use
Regulations
Cottage food operations P P P P P 21.42.065
Duplexes — P P P P
Home businesses P P P P P
Mobile home parks — — — CUP CUP
Multi-family dwellings — — CUP CUP CUP
Group Home (3) 6 or less
residents
SUP SUP SUP SUP SUP 21.29.030 &

21.29.040
Group Home 7 (3)(4) or more — CUP CUP CUP CUP
Residential accessory uses
and structures

P P P P P
Residential care home -
large

CUP CUP CUP CUP CUP
Residential care home -
small

P P P P P
Single-family dwellings P CUP P — —
Supportive housing P P P P P
Transitional housing P P P P P

SERVICES
Adult day care - large (2) (2) (2) (2) (2) 21.30.020
Adult day care - small P P P P P 21.30.020
Day care - large family day
care homes
P (2) P (2) P (2) P (2) P (2) 21.30.020
Day care - small family day
care homes
P P P P P 21.30.020
Child day care centers CUP CUP CUP CUP CUP 21.30.020
Wireless
telecommunications
facilities (2)
Administrative
wireless
facilities
permit (2)
— — — — 21.28
Notes:
(1) See Chapter 21.90 for land use definitions. See Section 21.02.020 regarding uses not listed.
(2) Wireless telecommunication facilities are only allowed on church properties in the R1 zone subject to the requirements of Chapter 21.28. Wireless telecommunications

facilities may also be permitted by a conditional use when the planning/building director determines that the project’s complexity or the public interest warrants the referral. (3) Definition of group home in 4.35.010.
(4) Per Chapter 4.35 “Group Homes” an Operator’s Permit is also required Section 3:

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

Section 4:

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

PASSED AND ADOPTED by the City Council of the City of Fountain Valley at a regular meeting this ____ day of , 2023.

ATTEST:
_______________________ _______________________
Rick Miller, City Clerk Kim Constantine, Mayor
Approved as to Form:

HARPER & BURNS LLP
_______________________
Alexandra Halfman
Attorneys for the City

CITY OF FOUNTAIN VALLEY

CITY COUNCIL

COUNCIL ACTION REQUEST
To: Honorable Mayor and Agenda Date: October 3, 2023
Members of the City Council
SUBJECT: Second Reading and Adoption of an Ordinance approving Code Amendment No. 23-01 – An Amendment To Fountain Valley Municipal Code (FVMC) Sections 21.54.050 and 21.54.070 Regarding Entitlement Extensions Three-Year Strategic Goals
☐ Enhance the culture and environment of “A Nice Place to Live” ☒ Attract and retain revenue producing businesses
☐ Achieve fiscal stability in accordance with the 20-Year Financial Plan ☐ Attract and retain quality staff
☐ Not applicable

EXECUTIVE SUMMARY
At its meeting of September 19, 2023, the City Council introduced for a first reading an Ordinance approving Code Amendment (CA) No. 23-01 to amend Sections 21.54.050 and 21.54.070 of the FVMC regarding entitlement extensions (Attachment 1). The Ordinance was introduced by a vote of 4-1 during the first reading without amendment.

As detailed in the attached report (Attachment 2), the current FVMC places a time limit of 1-year on entitlement approvals before they expire. Within the 1-year time frame after entitlement approval, the applicant, or developer, must “exercise” the approved entitlement by either obtaining a building permit, grading permit, diligently continuing construction activity, or actually implementing the allowed land use. Additionally, two additional 180-day extension periods may be approved by the city upon proof of a good faith effort to exercise the entitlement. The Ordinance approved by the City Council on September 19, 2023 will amend the allowed entitlement extension time period from two (2) 180-day extension periods to two 1-year extensions. Thus, the code will allow a 1-year time frame for applicants, or developers to exercise an entitlement and up to two 1-year extensions periods.

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

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

PUBLIC NOTIFICATION
The item was published in the Fountain Valley View and public notices were posted at City Hall, Recreation Center, and Fountain Valley Library for the public hearing on September 19, 2023.

Council Action Request
Second Reading – Adoption of an Ordinance approving Code Amendment 23-01 City Council Meeting October 3, 2023

ENVIRONMENTAL IMPACT REVIEW
Adoption of this Ordinance is exempt from the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines sections 15060(c)(2)(the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15061(b)(3)(there is no possibility the activity in question may have a significant effect on the environment) (Attachment 3).

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

ALTERNATIVES
Alternative No. 1: Adopt the attached Ordinance of the City Council of the City of Fountain Valley approving a Notice of Exemption in accordance with the California Environmental Quality Act (CEQA) and approving Code Amendment No. 23-01 to amend the Fountain Valley Municipal Code (FVMC) Sections

21.54.050 and 21.54.070 regarding entitlement extensions.

Alternative No. 2: Do not adopt the attached Ordinance of the City Council of the City of Fountain Valley approving a Notice of Exemption in accordance with the California Environmental Quality Act (CEQA) and do not approve Code Amendment No. 23-01 to amend the Fountain Valley Municipal Code (FVMC) Sections 21.54.050 and 21.54.070 regarding entitlement extensions.

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

RECOMMENDATION
Staff is requesting City Council approval of Alternative No. 1 to adopt the attached Ordinance of the City Council of the City of Fountain Valley approving a Notice of Exemption in accordance with the California Environmental Quality Act (CEQA) and approve Code Amendment No. 23-01 to amend the Fountain Valley Municipal Code (FVMC) Sections 21.54.50 and 21.54.070 regarding entitlement extensions.

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

1. Ordinance for Code Amendment No. 23-01

2. September 19, 2023 Staff Report

3. Notice of Exemption

ORDINANCE NO._____

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FOUNTAIN

VALLEY APPROVING A CATEGORICAL EXEMPTION PER THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) AND APPROVING CODE AMENDMENT (CA) NO. 23-01 TO AMEND THE FOUNTAIN VALLEY MUNICIPAL CODE (FVMC) SECTIONS 21.54.050 AND 21.54.070

REGARDING ENTITLEMENT EXTENSIONS
WHEREAS, the Fountain Valley City Council adopted the Development Code Update on December 7, 2000; and
WHEREAS, FVMC Chapter 21.54.050 places a time limit of 1-year on entitlements before they expire with allowances for two (2) additional one hundred eighty day extension periods for a maximum of a twelve month extension on approvals of a project; and WHEREAS, FVMC Chapter 21.54.070 outlines that for a period of twelve months following the approval, disapproval or revocation/modification of a discretionary entitlement, no application for the same or substantially similar discretionary entitlement for the same site shall be filed. This section fails to include entitlements that have been extended per FVMC

21.54.050; and
WHEREAS, the Crossings Specific Plan (CSP) places limits on entitlement approval and extensions that differ than the FVMC by allowing two (2) one-year extensions. The CSP Section 2.0.5.A.6 specifically states, “An approved Development Plan shall be valid for a period of one year. A maximum of two one-year time extensions may be requested. A time extension request must be made in writing by the applicant, property owner(s), and/or authorized designee, a minimum of thirty days prior to the expiration of the current approval.

If construction activity does not commence within the approval or extension period, the entitlement shall be terminated”; and
WHEREAS, a survey of the surrounding cities of Garden Grove, Westminster, Costa Mesa, Huntington Beach, and Santa Ana revealed that these cities allow entitlements approvals for 1-2 years and extensions of entitlements for 1-2 years; and WHEREAS, the Cities of Costa Mesa and Sana Ana allow a total length of 3 years taking into account entitlement approval and allowable extensions when combined; and WHEREAS, over the last 30 years, there have been 11 requests for entitlement extensions with no more than two requests in any given year. Most recently, these requests for extensions of entitlements have increased to include three (3) in the first three months of 2023 due to rising construction costs and the lingering effects of COVID-19; and WHEREAS, the City Council of the City of Fountain Valley wishes to provide consistency in entitlement time limits and extensions between the CSP and the FVMC; and WHEREAS, the City Council of the City of Fountain Valley wishes to provide entitlement time limits and extensions consistent with nearby cities; and

WHEREAS, the Fountain Valley Planning Commission considered the proposed Code Amendment No. 23-01 at a duly noticed public hearing on August 9, 2023, and by a vote of 5-0 recommended the City Council approve a Categorical exemption per CEQA and approve Code Amendment No. 23-01 to amend FVMC Sections 21.54.050 and 21.54.070 regarding entitlement extensions; and
WHEREAS, the proposed Code Amendment No. 23-01 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. 23-01 is not subject to review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines sections 15060(c)(2)(the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15061(b)(3)(there is no possibility the activity in question may have a significant effect on the environment).

SECTION 2
The City Council finds that due notice of the public hearing on September 19, 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 will help to enhance the City’s economic base and business environment by assisting in the preservation, improvement, and intensification of existing commercial development (General Plan Goal/Policy 2.12.1). Additionally, the proposed amendment will meet the General Plan Advisory Committee’s values and issues for the General Plan Update to provide for a fiscally sustainable municipal government and to ensure economic prosperity of the city. Extending entitlement extension time will allow property owners additional time to get through the plan check process once their entitlements are approved by the city without having to re-apply for entitlements for their same project. This will help contribute to enhancement of the City’s economic base, provide for a fiscally sustainable municipal government, and will help ensure economic prosperity for developers.

Additionally, this amendment aligns with the cities of Costa Mesa and Santa Ana by providing up to 3 years total, including possible extensions, to develop a project.

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

property owners more time to develop their project with longer extension times if necessary consistent with surrounding cities and the Crossings Specific Plan. The amendment will have no effect on the detriment to the public convenience, health, interest, safety or welfare of the city as it will only extent time for a property owner to develop a project that has already been found to not be a detriment to the public convenience, health, interest, safety or welfare of the city through its own approval of the entitlement.

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. 23-01 would amend FVMC 21.54.050 and 21.54.070 to provide extended time limits on extensions to entitlements only. This amendment will be internally consistent with other applicable provisions of Title 21 of the FVMC. There are no other known inconsistencies with the proposed amendment and other applicable provisions of Title 21.

SECTION 4
Section 21.54.050 is hereby amended to read as follows:
“…

21.54.050 Time limits and extensions.
(a) Time Limits.
(1) To ensure continued compliance with the provisions of this chapter, each approved entitlement shall expire twelve months from the date of approval, unless otherwise specified in the entitlement, if the use has not been exercised.
(2) Time extensions may be granted, or conditionally granted, in compliance with subsection (c) of this section.
(3) If an entitlement has not been exercised within the established time frame, and a time extension is not granted, the provisions of subsection (c) of this section shall deem the entitlement void.
(b) Entitlement Implementation.
(1) An approved entitlement shall be exercised before its expiration. The entitlement shall not be deemed exercised until the applicant has:
(A) Obtained a and acted upon a building permit with continuous on-site construction activity including pouring of foundations, installation of utilities or other similar substantial improvements has commenced; or

(B) Obtained a grading permit and has completed a significant amount of on-site grading, as determined by the director; or
(C) Diligently continued the approved construction/grading activities without stopping for more than one hundred eighty days; or
(D) Actually implemented the allowed land use, in its entirety, on the subject property in compliance with the conditions of approval.
(2) Project Phasing.
(A) Where the entitlement provides for development in two or more phases or units in sequence, the entitlement shall not be approved until the review authority has approved a phasing plan for the entire project site.
(B) The applicant shall not be allowed to develop a portion of the proposed development under the original approval, and then develop the remaining portion(s) in compliance with this section, without prior review authority approval.
(C) Subsequent phases of an approved project shall be commenced within twelve months of the exercising of the previous phase’s entitlement or the entire project entitlement shall expire.
(D) If the application for the entitlement also involves the approval of a tentative map, the phasing shall be consistent with the tentative map and the entitlement shall be exercised before the expiration of the companion tentative map.
(c) Extensions of Time.
(1) The applicant shall file a written request for an extension of time with the department at least thirty days before the expiration of the entitlement, together with the filing fee required by the city’s fee resolution.
(2) The review authority shall determine whether the applicant has made a good faith effort to exercise the entitlement.
(3) The burden of proof is on the applicant to establish, with substantial evidence beyond the control of the applicant (e.g., demonstration of financial hardship, legal problems with the closure of the sale of the parcel, poor weather conditions in which to complete construction activities, etc.), why the entitlement should be extended. (d) Action on Expiration/Extension.
(1) Upon good cause shown, extensions may be approved or approved with modifications by the review authority that originally approved the entitlement, whose decisions may be appealed in compliance with Chapter 21.60 (Appeals) of this title. (2) The maximum number of months that an entitlement may be extended shall not exceed a total of two additional one year hundred eighty-day periods (for a maximum of two years twelve months total) beyond the expiration of the original approval. …”

SECTION 5
Section 21.54.070 is hereby amended to read as follows:
“…
(a) Resubmittals Prohibited Within Twelve Months. For a period of twelve months following the approval, disapproval, or revocation/modification, or approved extension of a discretionary entitlement, no application for the same or substantially similar discretionary entitlement for the same site shall be filed. …”
SECTION 6
If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the ordinance. The City Council declares that it would have passed this ordinance and each and every section, subsection, sentence, clause or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would subsequently be declared invalid or unconstitutional.

SECTION 7
The City Clerk shall certify to the adoption of this ordinance and cause it to be published as required by law. This ordinance shall become effective thirty (30) days after the date of its adoption.

PASSED, APPROVED AND ADOPTED THIS 3RD DAY OF OCTOBER, 2023.

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

CITY COUNCIL

COUNCIL ACTION REQUEST
To: Honorable Mayor and Agenda Date: September 19, 2023 Members of the City Council
SUBJECT: Public Hearing and Introduction: Code Amendment No. 23-01 – An Amendment To Fountain Valley Municipal Code (FVMC) Sections

21.54.050 and 21.54.070 Regarding Entitlement Extensions 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 Fountain Valley Municipal Code (FVMC) currently places a time limit of one-year on entitlements before they expire. Within the 1-year time frame after entitlement approval, the applicant, or developer, must “exercise” the approved entitlement per FVMC 21.54.050(b).

Exercising the entitlement involves obtaining a building permit, grading permit, diligently continuing construction activity, or actually implementing the allowed land use. Additionally, two additional 180-day extension periods may be approved by the city upon proof of a good faith effort to exercise the entitlement.

A recent increase in extension requests from developers prompted staff to survey surrounding cities for their entitlement approval time limits and extensions. Two (2) of the five (5) cities surveyed allow up to a total of three (3) years for entitlement approvals and extensions.

Additionally, this possible three (3) year time limit coincides with the City’s approval and extension time period within the Crossings Specific Plan.

At the Planning Commission meeting of August 9, 2023, the Planning Commission voted 5-0 approving Resolution No. 23-16 recommending the City Council approve Code Amendment No. 23-01. Staff recommends the City Council conduct a public hearing and introduce the attached Ordinance approving Code Amendment No. 23-01 to amend FVMC 21.54.050 and

21.54.070 regarding entitlement extensions (Attachment #1).

DISCUSSION
Recently, the Planning Division of the Community Development Department has received several requests for extensions to entitlements due to rising construction costs and lingering effects of COVID-19. Over the last 30 years, there have been a total of 11 requests for entitlement extensions with no more than two requests in any given year. Most recently, these requests for extensions of entitlements have increased to include three (3) in the first three months of 2023.

Council Action Request
Code Amendment No. 23-01 Entitlement Extensions Ordinance City Council Meeting September 19, 2023

As rising construction costs and lingering effects of COVID-19 are affecting construction throughout Southern California, and due to the influx of extension requests, staff took the opportunity to compare our code to surrounding cities to see if there is room to improve our code to make it more business friendly and consistent with surrounding cities.

Currently, FVMC Chapter 21.54.050 places a time limit of one-year on entitlements before they expire. Within the 1-year time frame after project approval, the applicant, or developer, must “exercise” the approved entitlement per FVMC 21.54.050(b). It’s important to note that exercising the entitlement usually comes after the applicant has completed the process of producing construction drawings to obtain a building permit, gone through plan check review through the city and any other required agencies, obtain building and/or grading permits, and hired a contractor to begin the work.

An entitlement may only be exercised when one of the following happens.

1. Obtained a building permit with continuous on-site construction activity including pouring of foundations, installation of utilities or other similar substantial improvements has commenced;

2. Obtained a grading permit and has completed a significant amount of on-site grading, as determined by the director;

3. Diligently continued the approved construction/grading activities without stopping for more than one hundred eighty days; or

4. Actually implemented the allowed land use, in its entirety, on the subject property in compliance with the conditions of approval.

Additionally, if one-year is not sufficient time to exercise the entitlement, two additional 180- day periods (for a maximum of 12 months total) may be approved if the applicant can prove they have made a good faith effort to exercise the entitlement.

A survey of the surrounding cities of Garden Grove, Westminster, Costa Mesa, Huntington Beach, and Santa Ana revealed that these cities allow entitlement approvals for 1-2 years and extensions of entitlements for 1-2 years as shown in Table 1: Entitlement Approvals/Extensions below. Additionally, Table 1 also shows the specific entitlement approvals and extension times for the Crossings Specific Plan. All other Specific Plans in Fountain Valley do not outline specific entitlement time frames and therefore defer to the FVMC.

Table 1: Entitlement Approvals/Extensions
City Entitlement Approval Period Extension Total Possible Approval Period Garden Grove 1 year 1 year 2 years
Westminster 1 year 1 year 2 years
Costa Mesa 2 years 1 year 3 years
Huntington Beach 1 year 1 year 2 years
Santa Ana 2 years 1 year 3 years
Crossings Specific Plan 1 year 2 one-year extensions 3 years As noted in Table 1, the cities of Costa Mesa and Santa Ana allow for a total length of 3 possible years for entitlement approval and allowable extensions. Additionally, the Crossings

Council Action Request
Code Amendment No. 23-01 Entitlement Extensions Ordinance City Council Meeting September 19, 2023

Specific Plan also allows for a total of 3 possible years for entitlement approval and allowable extensions.

Staff has proposed in the attached Ordinance to align the FVMC with the cities of Costa Mesa and Santa Ana, and align the FVMC with the existing entitlement approvals/extensions permitted in the city’s own Crossing Specific Plan, to allow for a total of 3 possible years for entitlement approval and extensions through an entitlement approval period of 1-year and the allowance of up to two 1-year extensions.

Lastly, FVMC Chapter 21.54.070 outlines that for a period of twelve months following an entitlement approval, disapproval, or revocation/modification of a discretionary entitlement, no application for the same or substantially similar discretionary entitlement for the same site shall be filed. This section fails to include entitlements that have been extended per FVMC

21.54.050 and thus will be revised with the attached Ordinance.

General Plan Consistency
The proposed amendment will help to enhance the City’s economic base and business environment by assisting in the preservation, improvement, and intensification of existing commercial development (General Plan Goal/Policy 2.12.1). Additionally, the proposed amendment will meet the General Plan Advisory Committee’s values and issues for the General Plan Update to provide for a fiscally sustainable municipal government and to ensure economic prosperity of the city. Extending entitlement extension time will allow property owners additional time to get through the plan check process once their entitlements are approved by the city without having to re-apply for entitlements for their same project. This will help contribute to enhancement of the City’s economic base, provide for a fiscally sustainable municipal government, and will help ensure economic prosperity for developers.

Additionally, this amendment aligns with the cities of Costa Mesa and Santa Ana, as well as Fountain Valley’s own Crossings Specific Plan, by providing up to 3 years total, including possible extensions, to develop a project.

FINANCIAL REVIEW
There is no financial impact associated with approving the proposed code amendment. This Ordinance will simply allow for the possibility of additional time for developers to get through the plan check process to develop their projects successfully.

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”) pursuant to CEQA Guidelines sections 15060(c)(2)(the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15061(b)(3)(there is no possibility the activity in question may have a significant effect on the environment). (Attachment #2).

Council Action Request
Code Amendment No. 23-01 Entitlement Extensions Ordinance City Council Meeting September 19, 2023

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. 23-01 to amend the Fountain Valley Municipal Code (FVMC) Sections 21.54.050 and 21.54.070 regarding entitlement extensions.

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. 23-01 to amend the Fountain Valley Municipal Code (FVMC) Sections 21.54.050 and 21.54.070 regarding entitlement extensions.

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. 23-01 to amend the Fountain Valley Municipal Code (FVMC) Sections 21.54.050 and 21.54.070 regarding entitlement extensions.

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. 23-01

2. Notice of Exemption

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

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

1. Attach certified document of exemption finding.

2. Has a Notice of Exemption been filed by the public agency approving the project?: Yes No Signature: ________________________________ Date: _____________ Title: ___________________ Signed by Lead Agency Signed by Applicant
Entitlement Extensions - Code Amendment No. 23-01
City of Fountain Valley - Citywide
An amendment to the Fountain Valley Municipal Code
(FVMC) Sections 21.54.050 and 21.54.070 regarding entitlement extensions.

City of Fountain Valley
10200 Slater Ave., Fountain Valley, CA 92708 (714)593-4425 15060(c)(2) and 15061(b)(3)
This request is exempt from CEQA pursuant to CEQA
guidelines 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15061(b)(3) (there is no possibility the activity in question may have a significant effect on the environment).

Steven Ayers, Principal Planner 714-593-4431

CITY OF FOUNTAIN VALLEY

CITY COUNCIL

COUNCIL ACTION REQUEST
To: Honorable Mayor and Agenda Date: October 3, 2023
Members of the City Council
SUBJECT: Second Reading and Adoption of an Ordinance approving Code Amendment No. 23-02 – An Amendment To Fountain Valley Municipal Code (FVMC) Section 21.08.055 For Accessory Dwelling Units (ADU’s)
Three-Year Strategic Goals
☒ Enhance the culture and environment of “A Nice Place to Live” ☐ Attract and retain revenue producing businesses
☐ Achieve fiscal stability in accordance with the 20-Year Financial Plan ☐ Attract and retain quality staff
☐ Not applicable

EXECUTIVE SUMMARY
At its meeting of September 19, 2023, the City Council introduced for a first reading an Ordinance approving Code Amendment (CA) No. 23-02 to amend Section 21.08.055 of the FVMC for ADUs in compliance with state law (Attachment 1). The Ordinance was introduced by a vote of 4-0-1 with one abstention during the first reading without amendment.

As detailed in the attached report (Attachment 2), on April 27, 2023, the city received a letter from the California Department of Housing and Community Development (HCD) noting the city’s ADU Ordinance, which was approved on February 7, 2023 through Ordinance No. 1597, was non-compliant with sections 65852.2, 65852.22, and 65852.26 of the California Government Code. The six areas requiring changes to the City’s ADU Ordinance include regulations on zoning, height allowance, separate sale, visibility, accessory structures, and minimum size. The attached Ordinance addresses these six issues, as well as other areas of concern discusses with HCD including building separation, garage doors for garage conversions, and Junior ADU’s (JADU’s).

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

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

PUBLIC NOTIFICATION
The item was published in the Fountain Valley View and public notices were posted at City Hall, Recreation Center, and Fountain Valley Library for the public hearing on January 17, 2023.

Council Action Request
Second Reading – Adoption of an Ordinance approving Code Amendment 23-02 City Council Meeting October 3, 2023

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 3).

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

ALTERNATIVES
Alternative No. 1: Adopt the attached Ordinance of the City Council of the City of Fountain Valley approving a Notice of Exemption in accordance with the California Environmental Quality Act (CEQA) and approving Code Amendment No. 23-02 to amend the Fountain Valley Municipal Code (FVMC) Section 21.08.055 for Accessory Dwelling Units (ADU’s).

Alternative No. 2: Do not adopt the attached Ordinance of the City Council of the City of Fountain Valley approving a Notice of Exemption in accordance with the California Environmental Quality Act (CEQA) and do not approve Code Amendment No. 23-02 to amend the Fountain Valley Municipal Code (FVMC) Section 21.08.055 for Accessory Dwelling Units (ADU’s).

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

RECOMMENDATION
Staff is requesting City Council approval of Alternative No. 1 to adopt the attached Ordinance of the City Council of the City of Fountain Valley approving a Notice of Exemption in accordance with the California Environmental Quality Act (CEQA) and approving Code Amendment No. 23-02 to amend the Fountain Valley Municipal Code (FVMC) Section

21.08.055 for Accessory Dwelling Units (ADU’s).

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

1. Ordinance for Code Amendment No. 23-02

2. September 19, 2023 Staff Report

3. Notice of Exemption

ORDINANCE NO._____

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FOUNTAIN

VALLEY APPROVING A CATEGORICAL EXEMPTION PER THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) AND APPROVING CODE AMENDMENT (CA) NO. 23-02 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, on December 20, 2022, the Fountain Valley City Council adopted Urgency Ordinance No. 1596 compliant with legislation approved by Governor Newsom, AB 2221 and SB 897, which became effective on January 1, 2023; and WHEREAS, on February 7, 2023, the Fountain Valley City Council adopted Ordinance No. 1597 approving an ADU ordinance compliant with AB 2221 and SB 897, thus replacing and making Urgency Ordinance No. 1596 null and void; and WHEREAS, per Government Code Section 65852.2(h), a local agency shall submit a copy of the ordinance adopted to the Department of Housing and Community Development within 60 days after adoption. After adoption of an ordinance, the department may submit written findings to the local agency as to whether the ordinance complies with this section; and
WHEREAS, on February 28, 2023, the city sent Ordinance No. 1597 to the Department of Housing and Community Development through the email address [email protected] and the city received confirmation of the receipt of Ordinance No. 1597 on the same day; and
WHEREAS, on April 27, 2023, the city received a letter from the Department of Housing and Community Development ("HCD") stating that, in HCD’s opinion Ordinance No. 1597 was non-compliant with sections 65852.2, 65852.22, and 65852.26 of the California Government Code; and
WHEREAS, pursuant to HCD’s request, the City of Fountain Valley has revised its ADU Ordinance to address the concerns expressed by HCD; and

WHEREAS, the Fountain Valley Planning Commission considered the proposed Code Amendment No. 23-02 at a duly noticed public hearing on August 9, 2023, and by a vote of 5-0 recommended the City Council approve a Categorical exemption per CEQA and approve CA 23-02 to amend FVMC Section 21.08.055 for ADU’s; and WHEREAS, the proposed CA 23-02 has been publicly noticed in accordance with State Law and the Fountain Valley Municipal Code.

SECTION 1
The City Council hereby determines that CA 23-02 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 September 19, 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). CA 23-02 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. CA 23-02 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, CA 23-02 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:
“…

21.08.055 Standards for accessory dwelling units.

The following objective standards shall apply to accessory dwelling units:
(a) Accessory Dwelling Units Constructed Within Existing Structures. An accessory dwelling unit: (1) 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) located within an existing multi-family structure project 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). (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 singlefamily 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 multi-family 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 sixty 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)(1)(A), the permitting agency shall, within the time

period of subdivision (a)(1)(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 in areas zoned to allow for single-family or multifamily dwelling residential use on lots that include an existing or proposed dwelling. 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 accessory dwelling unit, and one junior accessory dwelling unit; 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 eight hundred square feet and height limitation of sixteen feet; and
(C) 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, unless qualified as a sale or conveyance of accessory dwelling unit separate from primary residence under Government Code Section 65852.26. (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, unless qualified as a sale or conveyance of accessory dwelling unit separate from primary residence under Government Code Section 65852.26, 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. This section does not apply to any unit subject to Government Code Section 65852.2, subdivision (e).
(19) Garage Conversion. If an applicant for an ADU garage conversion chooses to remove the vehicular access door of a garage that is proposed to be converted to an accessory dwelling unit and replace it with a new solid wall, the new wall shall be built in compliance with the California Building Code and California Energy Code and should match the rest of the existing dwelling unit in terms of exterior color and material and types of windows and doors. (b) New Construction Accessory Dwelling Unit Structures. New accessory dwelling unit structures constructed: (1) attached to a proposed or existing single-family dwelling or multi-family 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, 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). (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 singlefamily 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 multi-family 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 sixty days, the application shall be deemed approved.

(B) Denial. If the permitting agency denies an application for an accessory dwelling submitted pursuant to subdivision (b)(1)(A), the permitting agency shall, within the time period of subdivision (b)(1)(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 in areas zoned to allow for single-family or multifamily dwelling residential use on lots that include an existing or proposed dwelling. 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 accessory dwelling unit, and one junior accessory dwelling unit; 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 eight hundred square feet and height limitation of sixteen feet; and
(C) 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, unless qualified as a sale or conveyance of accessory dwelling unit separate from primary residence under Government Code Section 65852.26. (8) Attached and Detached Accessory Dwelling Units Maximum and Minimum Unit Size. (A) The minimum size of a new accessory dwelling unit shall be one hundred fifty two hundred twenty square feet.
(B) The maximum size for a new detached accessory unit shall be:
(i) Eight hundred fifty square feet; or
(ii) One thousand 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. This shall not require an accessory dwelling unit to be less than 800 square feet.
(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. An existing or proposed garage space designated for an accessory dwelling unit shall not exceed 200 square feet. (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 if the size of the accessory dwelling unit is over 800 square 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 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. This section does not apply to any unit created subject to Government Code Section 65852.2, subdivision (e).
(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 in respect to 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, building separation requirements, and minimum lot size, for either attached or detached dwellings, shall apply that would not permit at least an eight hundred square foot, sixteen-foot tall accessory dwelling unit with at least four-foot side and rear setbacks. This section may not preclude a unit built subject to Government Code Section 65852.2, subdivision (e).
(14) Privacy. Windows of an accessory dwelling unit located within five 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.
(17) Height. Accessory dwelling units shall be subject to the following height restrictions:

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 or proposed singlefamily or multi-family 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 singlefamily or multi-family 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 accessory dwelling unit that is attached to a primary dwelling shall be restricted to a two-story structure with a maximum height of twenty-five feet, or the height limitation of the applicable zone, whichever is lower.
(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 singlefamily or multi-family 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 twenty-five 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.

(19) 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. (20) 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. (21) 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.
(22) 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. (23) Covenant. A covenant containing restrictions that the accessory dwelling unit shall not be sold separately from the main dwelling unit, unless qualified as a sale or conveyance of accessory dwelling unit separate from primary residence under Government Code Section 65852.26, 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. (24) 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.”
(25) 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: