Agenda, regular meeting — Fountain Valley City Council, November 21, 2023 (part 1 of 2)

City Council Regular Meeting Agenda Page 1 November 21, 2023

AMENDED AGENDA

CITY COUNCIL/ SUCCESSOR

AGENCY TO THE FOUNTAIN

VALLEY AGENCY

FOR COMMUNITY DEVELOPMENT/

FOUNTAIN VALLEY HOUSING AUTHORITY
Closed Session 4:30 p.m.

Regular Meeting 6:00 p.m.

Tuesday, November 21, 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 the Cit y Co u nc il or ot her government body listed complete a speaker card and give it to the City Clerk prior to the public comment period. Requests to speak will not be accepted after the public comment session begins without permission of the Mayor/Chair. Speakers must limit remarks to a total of (3) three minutes and address the City Council through the Mayor. Comments to individuals or staff are not permitted. Scheduled Matters, including Public Hearings: Indicate on the card what item you want to address. Unscheduled Matters: Indicate on the card what subject matter you want to address. Comments must be related to issues that are within the jurisdiction of the governing body listed on the agenda. Pursuant to the Brown Act, the governing body may not enter into discussion regarding items not on the agenda.

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

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

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

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

Topic: City Council
Time: Nov 21, 2023 06:00 PM Pacific Time (US and Canada) Join Zoom Meeting
https://us02web.zoom.us/j/82270308240?pwd=c0hBWWNlWU0yWHhmZmt1Y3JJZFFrdz09 Meeting ID: 822 7030 8240
Passcode: 921430

CLOSED SESSION
CALL TO ORDER 4:30 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 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)

2. CONFERENCE WITH LEGAL COUNSEL--EXISTING LITIGATION
(Paragraph (1) of subdivision (d) of Section 54956.9)
Name of case: Hye Jin Lee v. City of Fountain Valley

3. CONFERENCE WITH LEGAL COUNSEL--EXISTING LITIGATION
(Paragraph (1) of subdivision (d) of Section 54956.9)
Name of case: Dish Wireless, LLC v. City of Fountain Valley

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

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

INVOCATION
SALUTE TO THE FLAG Council Member Patrick Harper

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

PRESENTATIONS

1. Presentation and Legislative Update by Senator Janet Nguyen

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 – 7 will be approved simultaneously with one motion, unless separate action/or discussion is requested.

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

2. Receive and File the Draft Minutes of the November 7, 2023 Regular City Council Meeting

Page 6 ends

3. Approve the Register of Demands for the period of 10/28/2023 to 11/10/2023 Page 13 Recommended Action: Staff recommends Alternative No. 1 to approve the attached Register of Demands representing payments made by the City of Fountain Valley between 10/28/2023 and 11/10/2023 for a total of $2,467,013.45.

4. Housing Authority and Successor Agency Annual Report Page 28 Recommended Action: Receive and file the Housing Authority and Housing Successor Agency Annual Report; authorize staff to forward the report to the California Department of Housing and Community Development and the Governor's Office and the posting of the Report on the City's website by December 31, 2023.

5. Amend FY22-23 Seven-Year Transportation Capital Improvement Program (CIP) List to Include Arterial Roadway Rehabilitation Project along Warner Ave & Ellis Ave (from Brookhurst St to Bushard St) & Fountain Valley School Street Signage Project Page 42 Recommended Action: Staff recommends that the City Council amend the FY 2022-2023 Seven-Year Transportation Capital Improvement Program (CIP) list to include the Arterial Roadway Rehabilitation Project along Warner Avenue & Ellis Avenue (from Brookhurst Street to Bushard Street) and Fountain Valley School Street Signage Project.

6. Approve a CPI Increase for Republic (dba Rainbow) Trash Collection Rates for Residential and Commercial Service Page 45
Recommended Action: Approve a CPI Increase for Republic (dba Rainbow) Trash Collection Rates for Residential and Commercial Service.

7. Approve the Measure M2 Expenditure Report for Fiscal Year 2022-23 Page 59 Recommended Action: Staff recommends approval of the Resolution and filing of the annual Measure M2 Expenditure Report to OCTA.

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

8. A Public Hearing regarding the comprehensive update to the City’s General Plan (GPA 23- 02) and related Implementation Actions, Environmental Impact Report, Statement of Overriding Considerations, Mitigation, Monitoring and Reporting Program, Zone Changes, and Zoning Code Amendments – Presentation by Omar Dadabhoy / Assistant City ManagerCommunity Development Director Page 69 Recommended Action: Alternative No. 1: Adopt the following:
• Resolution No. __-__ adopting the General Plan Update, Final EIR, Mitigation Monitoring and Reporting Program, CEQA Finding of Fact, and Statement of Overriding Consideration a Notice of Exemption in accordance with the California Environmental Quality Act
• Introduce Ordinance No. __-__ adopting Code Amendment No. 23-04 related to the creation of the R-5 Zoning District and inclusionary housing requirement, and removal of the Inclusionary Housing Overlay
• Introduce Ordinance No. __-__ adopting Code Amendment adopting an Ordinance to Amend the Zoning Map

ADMINISTRATIVE ITEMS

9. Purchase of four (4) new 2024 Dodge Durango Pursuit AWD vehicles for the Police Department – Presentation by Mark Sprague / Field Services Manager Page 131 Recommended Action: Staff is requesting City Council approval of Alternative No. 1 to 1) waive the bidding requirements pursuant to FVMC 2.36.070 Par 4 and authorize staff to issue a purchase order to National Auto Fleet Group for the purchase of four (4) new 2024 Dodge Durango Pursuit AWD vehicles for $201,887.76 through the existing cooperative contract with Sourcewell; and 2) authorize staff to dispose of the existing vehicles by means that best meet the City’s needs.

10. Purchase Order Change Order for Public Works Ford F-350 Truck – Presentation by Mark Sprague / Field Services Manager Page 145
Recommended Action: Staff is requesting City Council approval of Alternative No. 1 to authorize a change order for PO #230210 to change the vehicle description to a new/unused 2024 Ford Super Duty F-350 Reg Cab 4WD XL 84” CA, plus upfit, and increase the amount by $5,798.33 to $117,998.24.

Burns / Attorney for the City Page 165

11. Consider and Adopt a Revised Parliamentary Procedures Policy – Presentation by Colin Recommended Action: Staff recommends Alternative 1: Approve the revised Policy on Parliamentary Procedures.

12. Request for a CPI Increase to the Hourly Rates for Harper & Burns Legal Services – Presentation by Rick Miller / City Clerk Page 176
Recommended Action: Approve the CPI increase of 3.2% as requested by Harper & Burns which will be effective as of December 1, 2023

13. Waive the bidding requirements pursuant to FVMC 2.36.070 Par 4 and authorize staff to issue three purchase orders totaling $225,611.46 to National Auto Fleet Group for the purchase of the following Public Works trucks through the existing cooperative contract with Sourcewell:

1. $73,754.20 for one (1) new/unused 2023 Ram 2500 Tradesman 4x2 Reg Cab 8’ Box, Royal Service Body Package 40V098 with extended warranty;

2. $78,103.06 for one (1) new/unused 2023 Ram 2500 Tradesman 4x2 Crew Cab 8’ Box, Royal Service Body Package 40V098 with extended warranty;

3. $73,754.20 for one (1) new/unused 2023 Ram 2500 Tradesman 4x2 Reg Cab 8’ Box, Royal Service Body Package 40V098 with extended warranty; and authorize staff to dispose of the existing vehicles by means that best meet the City’s needs. – Presentation by Mark Sprague / Field Services Manager Page 179
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 authorize staff to issue three purchase orders totaling $225,611.46 to National Auto Fleet Group for the purchase of the following Public Works trucks through the existing cooperative contract with Sourcewell: 1. $73,754.20 for one (1) new/unused 2023 Ram 2500 Tradesman 4x2 Reg Cab 8’ Box, Royal Service Body Package 40V098 with extended warranty; 2. $78,103.06 for one (1) new/unused 2023 Ram 2500 Tradesman 4x2 Crew Cab 8’ Box, Royal Service Body Package 40V098 with extended warranty; 3. $73,754.20 for one (1) new/unused 2023 Ram 2500 Tradesman 4x2 Reg Cab 8’ Box, Royal Service Body Package 40V098 with extended warranty; and authorize staff to dispose of the existing vehicles by means that best meet the City’s needs.

COUNCIL MEMBER ITEMS FOR FUTURE CONSIDERATION

CITY COUNCIL/ SUCCESSOR AGENCY/ HOUSING AUTHORITY/ PUBLIC COMMENTS (Unscheduled Matters Only)
Persons wishing to speak on an unscheduled matter are requested to identify themselves by completing a blue speaker and to give the card to the City Clerk. Each person will have up to 3 minutes to speak. The City Clerk will call upon those that wish to speak.

CITY COUNCIL/SUCCESSOR AGENCY/HOUSING AUTHORITY AB 1234/GENERAL COMMENTS

ADJOURN THE MEETING OF THE CITY COUNCIL/SUCCESSOR

AGENCY/HOUSING AUTHORITY
The next Regular Meeting of the Fountain Valley City Council is December 5, 2023 at 6:00 p.m., in the Fountain Valley Council Chambers, 10200 Slater Avenue, Fountain Valley.

MINUTES OF THE

CITY COUNCIL/ SUCCESSOR AGENCY TO THE FOUNTAIN

VALLEY AGENCY

FOR COMMUNITY DEVELOPMENT/ FOUNTAIN VALLEY

HOUSING AUTHORITY
Closed Session 4:00 p.m.

Study Session 5:00 p.m.

Regular Meeting 6:00 p.m.

Tuesday, November 7, 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 LEGAL COUNSEL--ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Section 54956.9:
(1 potential case)
Council member Patrick harper recused himself from this item.

The City Council voted 4-0 in favor of giving settlement authority.

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

3. CONFERENCE WITH LEGAL COUNSEL--EXISTING LITIGATION
Paragraph (1) of subdivision (d) of Section 54956.9
Name of case: In re: Aqueous Film Forming Foams Product Liability Litigation (3M and DuPont PFAs Class Actions)
No reportable action

Page 6 ends

4. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9: (2 cases) The city council voted 5-0 to pursue civil action and also voted 5-0 to move forward with an administrative abatement action.

STUDY SESSION
CALL TO ORDER 5:12 p.m.

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

1. Pension Update – Presentation by Ryan Smith, Finance Director Finance Director Ryan Smith along with Ashley Baires and Keith Stribling of PARS presented the update on the City Pension obligations.

2. SB 1439 and the Levine Act – Presentation by Colin Burns, Attorney for the City Attorney for the City Colin Burns provided the City Council with an update on SB 1439 and the Levine Act.

OPEN SESSION
CALL TO ORDER 6:01 p.m.

INVOCATION Pastor Kene Panas
SALUTE TO THE FLAG Council Member Ted Bui

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
None

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

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Mayor Kim Constantine provided her update.

PRESENTATIONS

1. Presentation on the HWPL (Heavenly Culture, World Peace, Restoration of Light) – Presentation by Kelli Guess
Kellie Guess provided the City Council and the Public information on their group and their mission of peace.

2. Presentation on the Unhoused Population Update – Presentation by Matt Sheppard, Chief of Police Police Chief Matt Sheppard provided an update on the unhoused population in Fountain Valley.

FIRST CITY COUNCIL/ SUCCESSOR AGENCY/ HOUSING AUTHORITY/ PUBLIC COMMENTS (Unscheduled Matters Only)
None

CONSENT CALENDAR
Consent Calendar Items 1 – 4 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: Bui SECOND: Harper
AYES: Bui, Cunneen, Harper, Grandis, Constantine
NOES: None
ABSENT: None
ABSTAIN: None

2. Receive and File the Draft Minutes of the October 17, 2023 Regular City Council Meeting ACTION: Move to Receive File the Draft Minutes of the October 17, 2023 Regular City Council Meeting
MOTION: Bui SECOND: Harper
AYES: Bui, Cunneen, Harper, Grandis, Constantine
NOES: None
ABSENT: None
ABSTAIN: None

Page 8 ends

3. Approve the Register of Demands for the period of 10/7/2023 to 10/27/2023 ACTION: Move to Approve the Register of Demands for the period of 10/7/2023 to 10/27/2023
MOTION: Bui SECOND: Harper
AYES: Bui, Cunneen, Harper, Grandis, Constantine
NOES: None
ABSENT: None
ABSTAIN: None

4. Approval of an Agreement between the City of Fountain Valley and the City of Anaheim for Urban Area Security Initiative (UASI) Grant Participation ACTION: Move to Approve an Agreement between the City of Fountain Valley and the City of Anaheim for Urban Area Security Initiative (UASI) Grant Participation MOTION: Bui SECOND: Harper
AYES: Bui, Cunneen, Harper, Grandis, Constantine
NOES: None
ABSENT: None
ABSTAIN: None

ADMINISTRATIVE ITEMS

5. Adoption of the Economic Development Action Plan
The Adoption of the Economic Development Plan was approved by consensus

COUNCIL MEMBER ITEMS FOR FUTURE CONSIDERATION
None

CITY COUNCIL/ SUCCESSOR AGENCY/ HOUSING AUTHORITY/ PUBLIC COMMENTS (Unscheduled Matters Only)
Leston Trueblood
CITY COUNCIL/SUCCESSOR AGENCY/HOUSING AUTHORITY AB 1234/GENERAL COMMENTS

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Council Member Bui
October 19 I attended the 40 Years of Service 2nd Harvest Food Bank.

October 24 I attended my fellow Rotarians 80th Birthday Day Steve Brown.

October 26 I attended the JPIA meeting.

October 27 I attended the OC San Luncheon.

October 29 I attended Hobble Nation Lunch & Learn.

November 2 I attended the FV Chamber Appreciation Luncheon.

Council Member Cunneen
October 25 Attended the Planning Commission Meeting via Zoom.

October 26 Attended the Orange County Library Board Meeting November 2 Attended the Mayor and City Council Appreciation Luncheon Vice Mayor Grandis
October 4 Attended the UAP Groundbreaking Ceremony at the Sports Park October 6 Attended the Wendy’s Chamber Ribbon grand Reopening and the Huntington Beach Kiwanis Installation Banquet
October 8 Attended the OC Autism Rigs and Exotics Event October 13 Attended the Cal Cities OC Division Board Meeting Mayor Constantine
October 17 Participated in the “Friends of the Library Fundraiser” at Blaze Pizza.

October 18 Participated in the PCTA (Public Cable Television Authority Meeting) at Stanton City Hall.

October 19 Participated in the Orange County Mosquito and Vector Control District Board Meeting at their Garden Grove District Office, then attended the FVCF (Fountain Valley Community Foundation Grants. Meeting, the FVCF Board Meeting, and the FVCF Volunteer Meeting all at Founders Village Community and Senior Center.

October 21 Participated in the Talbert ASB and Cheer Pancake Breakfast Fundraiser at Corner Bakery, then attended the Green Room OC’s Annual Snow Festival 2023 at The Green Room, watched the “Livable California” Workshop Meeting on Zoom, then attended the Barron Baseball Corn Hole 2023 event at Los Alamos Park, and attended the Green Valley Trunk or Treat event in the Masuda School parking lot.

October 22 Attended the 3rd Anniversary Celebration of European Delights at their business.

October 23 Attended the FVPD Police and Fire “Meet the Heroes” event at Steady, then participated in the FVHS (Fountain Valley High School) Boys Soccer Dineout Fundraiser at Stonefire.

October 24 Stopped by the “Seniors and Pickleball: Important Tips to Keep You Healthy” at Founders Village Community and Senior Center.

October 25-27 Attended the ICSC Conference in San Diego:

October 25 I picked up my conference badge and toured the San Diego Convention Center booths. Later, I attended my scheduled tour of IQHQ’s Research and Development District (RaDD), a 1.7 million square foot state-of-the-art district that features lab and office space, 150,000 square foot of best-in-class retail, outdoor dining, open green space, public art, event space, and unparalleled access to transit. I attended the Networking Reception in the early evening.

Page 10 ends

October 26 I attended the event breakfast, toured the San Diego Convention Center vendor booths, then met with several brokers alongside 2 City staffers. We attended the event luncheon with Opening Remarks by Vicky Hammond, ICSC Marketplace Director, Southern California Marketplace. Tom Mc Kee, President & CEO ICSC gave the “State of the Industry”. The keynote speaker, Ms. Nikki Greenberg, Founder & Chief Innovation Officer Real Estate of the Future, gave a presentation “The Future of Shopping - The Convergance of Cyber Space & Retail Space:

Omnichannel Retail Experiences in the Age of Ecommerce”. Later, we attended the NEWMARK cocktail reception at Rustic Roof Rooftop.

October 27 Stopped by the “Trunk or Treat” at Cox Elementary School, then Halloween event at Plavan Elementary School.

October 29 Attended the “Holiday Craft Fair” at Sports Basement, then the Hobble Nation “Lunch and Learn in the Park” at Moiola Park, then watched the Fountain Valley Moms Group Zombie Dance to Michael Jackson’s “Thriller” out in front of Fountain Valley City Hall.

October 30 I supported the FVHS (Fountain Valley High School) PTSA with a to go order from Pizza D’z.

October 31 Watched the Orange County Board of Supervisors Meeting on the County’s website, then attended the Halloween Parade / Children’s Event at Fountain Valley Regional Hospital, then stopped by the Halloween Luncheon for senior citizens at Founders Village Community and Senior Center, then attended the “Halloween at City Hall” event at Fountain Valley City Hall.

November 1 Participated in the “Feel-Good Food for a Cause” Pediatric Cancer Research Foundation Fundraiser at Habit Burger.

November 2 Attended the “2023 Fountain Valley Chamber of Commerce Thank You Fountain Valley Luncheon” honoring City Council, City Staff, and elected Fountain Valley representatives and community leaders at the Mile Square Park Banquet Center.

November 4 Attended the “Fountain Valley Dump Day and Bagged Compost Giveaway and Free Bulky Item Drop Off and Electronics Recycling” at the Fountain Valley Sports Park, then stopped by the Green Valley Drive Thru Food Drive at the Green Valley Family Clubhouse. Later, watched in the “Livable California” Workshop on Zoom. Late in the day, I volunteered with the Fountain Valley Community Foundation in organizing t-shirts to be given to participants at that evening’s Annual Fountain Valley Fall Poker Tournament at Founders Village Community and Senior Center.

November 5 I attended the Cambalache 6-year Anniversary dining event.

Council Member Harper
October 23 Attended the OCTA Board Meeting
October 25 Attended the OCTA Finance Committee Meeting
November 2 Attended the Chamber Luncheon and the City Selection Meeting November 6 Attended the OCTA Regional Transportation Committee Meeting

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

AUTHORITY
Mayor Constantine recessed the Regular Meeting to reconvene Closed Session at 7:07 p.m.

Page 11 ends

Mayor Constantine adjourned the meeting at 7:38 pm to the next Meeting of the Fountain Valley City Council on November 7, 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

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CITY OF FOUNTAIN VALLEY

CITY COUNCIL

COUNCIL ACTION REQUEST
To: Honorable Mayor and Agenda Date: November 21, 2023
Members of the City Council
SUBJECT: City of Fountain Valley Register of Demands for the period of 10/28/2023 to 11/10/2023
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 10/28/2023 and 11/10/2023 for a total of $2,467,013.45.

ATTORNEY REVIEW:

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

PUBLIC NOTIFICATION:

Not applicable.

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Page 2 ends

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 10/28/2023 and 11/10/2023 for a total of $2,467,013.45.

Prepared by: Ryan Smith, Finance Director
Reviewed by: Colin Burns, City Attorney
Approved by: Maggie Le, City Manager
Attachment 1: Register of Demands 10/28/2023 to 11/10/2023.

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City Of Fountain Valley
Register of Demands
10/28/2023 - 11/10/2023
Department
Check
Date Vendor Description Doc #
Check/ACH
# Amount
10010100 CITY COUNCIL
11/01/23 HARPER, PATRICK CAL CITIES TRAVEL REIMBURSEMENT 19315 1266 539.18 TOTAL CITY COUNCIL 539.18
10010103 OFFICE OF CITY MANAGER
11/01/23 TRIPEPI, SMITH & ASS GENERAL ACCOUNT SUPPORT 18657 2308202 2,572.50 TOTAL OFFICE OF CITY MANAGER 2,572.50
10010104 ADMIN SERVICES
11/01/23 RELIABLE TRANSLATION FLYER TRANSLATION 19243 2308180 80.00 TOTAL ADMIN SERVICES 80.00
10020200 HUMAN RESOURCES
11/01/23 LIEBERT, CASSIDY & W SEPTEMBER 2023 CLIENT MATTER FO030-00024 18895 2308158 170.00 11/01/23 LIEBERT, CASSIDY & W SEPTEMBER 2023 CLIENT MATTER FO030-00028 18897 2308159 7,235.00 11/01/23 LIEBERT, CASSIDY & W SEPTEMBER 2023 CLIENT MATTER FO030-00033 18899 2308160 170.00 11/08/23 CONCENTRA MEDICAL CE OCCUPATIONAL MEDICAL SERVICES (9-07-23 19410 2308232 6,968.25 11/01/23 GALLATIN INVESTIGATI POLYGRAPH SERVICES 19266 2308145 900.00 11/01/23 MEMORIAL CARE MEDICA HR DEPT PRE-EMPLOYMENT EXAMS & MEDICAL 19218 2308162 332.00 11/01/23 THE INTERSECT GROUP TEMP SERVICES (10/16/23 - 10/22/23) 19219 2308198 1,599.04 11/01/23 THE INTERSECT GROUP TEMP SERVICES (10/16/23 - 10/22/23) 19220 2308199 2,058.09 11/01/23 AMAZON OFFICE SUPPLIES - 1FHR-HMLR-3JPW 19222 1248 83.58 11/01/23 AMAZON OFFICE SUPPLIES - 1LTP-NQQX-3DTT 19253 1250 34.05 11/08/23 CONCENTRA MEDICAL CE OCCUPATIONAL MEDICAL SERVICES(10-20 to 19535 2308233 364.65 11/08/23 VERIZON WIRELESS HR DEPT CELL PHONES 10/26 - 11/25 19564 2308326 125.67 11/08/23 AT&T MOBILITY HR CELL PHONES 9/27 - 10/26/23 19554 2308221 90.06 11/01/23 THE INTERSECT GROUP TEMP SERVICES (10/23/23 - 10/29/23) 19375 2308200 2,345.56 11/01/23 THE INTERSECT GROUP TEMP SERVICES (10/23/23 - 10/29/23) 19378 2308201 1,715.47 11/01/23 CONCENTRA MEDICAL CE OCCUPATIONAL MEDICAL SERVICES(10/11/23 - 19356 2308140 793.90 11/08/23 SHRED-IT USA LLC HR ACCT #1000103178 DOS: 10/18/2023 19512 2308282 104.86 11/08/23 LEXIPOL LLC FIRE DEPARTMENT EMPLOYEE WELLNESS APP 19517 2308262 8,159.18 TOTAL HUMAN RESOURCES 33,249.36
10030300 PLANNING
11/08/23 KLING CONSULTING GRO SOILS REVIEW CONSULTING SVCS FOR 23-1750 18791 2308261 850.00 11/08/23 KLING CONSULTING GRO SOILS REVIEW CONSULTING SVCS FOR 23-1596 18794 2308261 850.00 11/08/23 KLING CONSULTING GRO SOILS REVIEW CONSULTING SVCS FOR 23-1372 18796 2308261 1,200.00 11/08/23 DADABHOY, OMAR ICSC CONFERENCE OCT 25-27-DADABHOY 19507 1291 370.73 11/08/23 VERIZON WIRELESS 10/26-11/25-Plng, Bldg, CDBG CE Cells & Ipads 19477 2308319 161.80 11/08/23 ESQUER, MARY-ELLEN COMMISSIONERS STIPEND OCT 19398 2308241 100.00 11/08/23 AJAMIAN, HERMAN JACK COMMISSIONERS STIPEND OCT 19399 1287 100.00 11/08/23 OSBORN, DAVID JOHN COMMISSIONERS STIPEND OCT 19401 1298 100.00

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11/08/23 SAAD, AZZAM COMMISSIONERS STIPEND OCT 19402 1299 50.00 11/08/23 SPEAR, WILLIAM A COMMISSIONERS STIPEND OCT 19403 1301 50.00 11/08/23 VARGAS, RONALD P ICSC CONFERENCE - EXPENSES 19416 1302 699.49 TOTAL PLANNING 4,532.02
10030301 BUILDING & SAFETY
11/08/23 VERIZON WIRELESS REC CENTER/PLANNING MIFI 10/23 - 11/22/23 19480 2308321 38.01 11/08/23 VERIZON WIRELESS 10/26-11/25-Plng, Bldg, CDBG CE Cells & Ipads 19477 2308319 202.50 11/08/23 BLDG REFUND 80% BUILDING REFUND FOR 23-074 17568 OAK 19522 2308223 240.00 TOTAL BUILDING & SAFETY 480.51
10040400 FINANCE
11/01/23 WILLDAN FINANCIAL SE 2024 USER FEE & COST ALLOCATION STUDY 18882 2308209 3,645.00 11/08/23 HDL COREN & CONE CONTRACT SVCS PROPERTY TAX OCT-DEC 19390 2308258 3,960.00 TOTAL FINANCE 7,605.00
10040401 PURCHASING
11/01/23 OFFICE FURNITURE CON FURNITURE MOVES AND RECONFIGURES FOR

19237 1279 489.38
11/08/23 NEOFUNDS/TOTALFUNDS POSTAGE REPLENISHMENT 202310 19471 2308265 2,000.00 11/01/23 OFFICE DEPOT PAPER ORDERS - PD, REC, YARD, CH 19238 2308171 1,127.88 11/01/23 AMAZON WINDOW TINT FOR FINANCE MANAGER 19217 1247 7.60 TOTAL PURCHASING 3,624.86
10050500 ENGINEERING
11/01/23 HOY CIVIL ENGINEERIN PROFESSIONAL ENG SERVICES JUL 2023 19294 2308148 5,568.00 11/01/23 CANON SOLUTIONS AMER CANON MAINT AND SERVICE JUL 2023 19298 2308132 358.16 11/01/23 CANON SOLUTIONS AMER CANON MAINTENANCE AND SERVICE AUG 2023 19299 2308132 358.16 11/01/23 CANON SOLUTIONS AMER CANON MAINTENANCE AND SERVICE SEPT 19300 2308132 358.16 11/01/23 HOY CIVIL ENGINEERIN PROFESSIONAL ENG SERVICES AUG 2023 19295 2308148 6,612.00 11/01/23 AMAZON IRENE - DESK PAD PROTECTOR 19232 1247 71.54 11/01/23 HOY CIVIL ENGINEERIN PROFESSIONAL ENG SERVICES SEPT 2023 19296 2308148 4,785.00 11/01/23 CANON SOLUTIONS AMER CANON MAINTENANCE AND SERVICE OCT 2023 19301 2308132 358.16 11/01/23 AMAZON PW ENG OFFICE SUPPLIES - 10/02/2023 19233 1247 169.77 11/01/23 AMAZON SAFETY APPAREL & SUPP - JOHN TRAN OCT 19234 1247 53.25 11/01/23 AMAZON PW ENG OFFICE SUPPLIES - OCT 2023 19235 1247 18.53 11/01/23 AMAZON NAME PLATE - PW JOHN TRAN 19216 1247 13.03 11/08/23 VERIZON WIRELESS ENGINEERING CP 10/26/23-11/25/23 19479 2308320 76.97 TOTAL ENGINEERING 18,800.73
10050501 TRAFFIC ENGINEERING
11/01/23 HOY CIVIL ENGINEERIN PROFESSIONAL ENG SERVICES JUL 2023 19294 2308148 3,712.00 11/01/23 HOY CIVIL ENGINEERIN PROFESSIONAL ENG SERVICES AUG 2023 19295 2308148 4,408.00 11/01/23 HOY CIVIL ENGINEERIN PROFESSIONAL ENG SERVICES SEPT 2023 19296 2308148 3,190.00 11/01/23 CHARTER COMMUNICATIO CABLE INTERNET (10/09/2023-11/08/2023) 19290 2308133 194.62 TOTAL TRAFFIC ENGINEERING 11,504.62
10050503 STREET LIGHTING
11/08/23 SO CALIF EDISON CO TRAFFIC SIGNALS 8/23 - 9/21/23 19336 2308286 5,155.80 11/08/23 SO CALIF EDISON CO STREET LIGHTS NEW 10/1 - 10/31/23 19569 2308294 17,709.84 11/08/23 SO CALIF EDISON CO STREET LIGHTS 10/1 - 10/31/23 19570 2308295 9,147.04 TOTAL STREET LIGHTING 32,012.68

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10050550 RIGHTS-OF-WAY
11/01/23 CINTAS CORPORATION 6 UNIFORMS SEPT (9-21-23) 19127 2308134 3.78 11/01/23 CINTAS CORPORATION 6 UNIFORMS (9-28-23) 19129 2308135 3.78 11/08/23 NIEVES LANDSCAPE, IN MEDIANS GENERAL MAINTENANCE OCTOBER 19417 2308268 25,320.07 11/01/23 CINTAS CORPORATION 6 UNIFORMS (10-5-23) 19209 2308136 3.78 11/01/23 MONROE PACIFIC WHOLE PLANT MATERIAL FOR MEDIAN/FRONTAGE 19262 2308168 754.25 11/01/23 CINTAS CORPORATION 6 UNIFORM RENTALS (10-12-23) 19215 2308137 3.78 11/01/23 IMPERIAL SPRINKLER S SOLAR CONTROLLER AND IRRIGATION PARTS 19265 2308150 997.38 11/08/23 NIEVES LANDSCAPE, IN BUSHARD FRONTAGE RENOVATIONS "EXTRA

19404 2308266 3,107.00
11/08/23 NIEVES LANDSCAPE, IN PLANT INSTALLATION AT NATURE TRAIL 19405 2308267 3,800.00 11/08/23 CINTAS CORPORATION 6 UNIFORMS (10-19-23) 19574 2308229 3.78 11/08/23 CINTAS CORPORATION 6 UNIFORMS (10-26-23) 19575 2308230 3.78 11/08/23 SO CALIF EDISON CO ROWS ELECTRICITY BILL 10/3/23 - 10/31/23 19453 2308290 77.24 11/08/23 JILL PROMOTIONS SNAPBACK HATS-FIELD SERVICES UNIFORMS 19516 2308259 10.19 11/08/23 CINTAS CORPORATION 6 UNIFORMS (11-2-23) 19576 2308231 3.78 TOTAL RIGHTS-OF-WAY 34,092.59
10050551 TREE MAINTENANCE
11/01/23 GREAT SCOTT TREE SER REMOVAL OF LIBRARY PATIO TREE "EXTRA 19276 2308146 2,458.24 11/01/23 GREAT SCOTT TREE SER HERITAGE PARK TREE TRIMMING OCTOBER 19282 2308147 2,604.55 11/08/23 GREAT SCOTT TREE SER TRIMMING AND INSPECTION OF HERITAGE PK 19419 2308254 1,068.80 11/08/23 GREAT SCOTT TREE SER EMERGENCY LIMB REMOVAL AT SPORTS PK 19420 2308255 641.28 11/08/23 GREAT SCOTT TREE SER PARKWAY REMOVALS AND INSTALLATIONS 19421 2308256 1,878.76 11/08/23 JILL PROMOTIONS SNAPBACK HATS-FIELD SERVICES UNIFORMS 19516 2308259 10.19 TOTAL TREE MAINTENANCE 8,661.82
10050552 PARK MAINTENANCE
11/01/23 CINTAS CORPORATION 6 UNIFORMS SEPT (9-21-23) 19127 2308134 6.40 11/01/23 CINTAS CORPORATION 6 UNIFORMS (9-28-23) 19129 2308135 6.40 11/01/23 MERCHANTS LANDSCAPE CIVIC FAC. LANDSCAPE MAINTENANCE SEPT 19313 2308165 2,940.03 11/01/23 MERCHANTS LANDSCAPE WOODCHIP BACKFILL OF COLONY PK "EXTRA 19323 2308166 432.00 11/01/23 MERCHANTS LANDSCAPE PARK LANDSCAPE GENERAL MAINTENANCE 19328 2308167 18,597.43 11/01/23 CINTAS CORPORATION 6 UNIFORMS (10-5-23) 19209 2308136 6.40 11/01/23 CINTAS CORPORATION 6 UNIFORM RENTALS (10-12-23) 19215 2308137 6.40 11/01/23 IMPERIAL SPRINKLER S IRRIGATION PARTS FOR PARKS/FACILITIES 19264 2308149 193.49 11/08/23 CINTAS CORPORATION 6 UNIFORMS (10-19-23) 19574 2308229 6.40 11/08/23 CINTAS CORPORATION 6 UNIFORMS (10-26-23) 19575 2308230 6.40 11/08/23 JILL PROMOTIONS SNAPBACK HATS-FIELD SERVICES UNIFORMS 19516 2308259 20.38 11/08/23 CINTAS CORPORATION 6 UNIFORMS (11-2-23) 19576 2308231 6.40 TOTAL PARK MAINTENANCE 22,228.13
10050553 CONCRETE MAINTENANCE
11/01/23 CINTAS CORPORATION 6 UNIFORMS SEPT (9-21-23) 19127 2308134 33.23 11/01/23 CINTAS CORPORATION 6 UNIFORMS (9-28-23) 19129 2308135 4.04 11/01/23 CINTAS CORPORATION 6 UNIFORMS (10-5-23) 19209 2308136 4.04 11/01/23 CINTAS CORPORATION 6 UNIFORM RENTALS (10-12-23) 19215 2308137 4.04 11/08/23 ASSOCIATED READY MIX CURBS AND GUTTERS REPLACE-10440 EL 19520 2308219 918.94 11/08/23 CINTAS CORPORATION 6 UNIFORMS (10-19-23) 19574 2308229 4.04

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11/08/23 UNITED RENTALS NORTH SIDEWALK REPLACE-EDINGER AND 19510 2308315 298.51 11/08/23 UNITED RENTALS NORTH SIDEWALK REPLACE-EDINGER AND 19521 2308316 290.36 11/08/23 CINTAS CORPORATION 6 UNIFORMS (10-26-23) 19575 2308230 4.04 11/08/23 JILL PROMOTIONS SNAPBACK HATS-FIELD SERVICES UNIFORMS 19516 2308259 20.38 11/08/23 CINTAS CORPORATION 6 UNIFORMS (11-2-23) 19576 2308231 4.04 TOTAL CONCRETE MAINTENANCE 1,585.66
10050554 PAVEMENT MAINTENANCE
11/01/23 VULCAN MATERIAL COMP RAMP FOR LOBSTER FESTIVAL SPECIAL EVENT 19361 2308208 336.60 11/01/23 CINTAS CORPORATION 6 UNIFORMS SEPT (9-21-23) 19127 2308134 16.14 11/01/23 CINTAS CORPORATION 6 UNIFORMS (9-28-23) 19129 2308135 106.66 11/01/23 CINTAS CORPORATION 6 UNIFORMS (10-5-23) 19209 2308136 16.14 11/08/23 UNITED RENTALS NORTH PROPANE 8512 19395 2308314 73.95 11/01/23 CINTAS CORPORATION 6 UNIFORM RENTALS (10-12-23) 19215 2308137 16.14 11/08/23 CINTAS CORPORATION 6 UNIFORMS (10-19-23) 19574 2308229 16.14 11/01/23 VULCAN MATERIAL COMP SUPPLIES FOR RAMPS AND SIDEALKS/VARIOUS 19263 2308205 218.59 11/01/23 VULCAN MATERIAL COMP CURBS AND GUTTER-10428 EL MONTEREY 19355 2308207 269.98 11/01/23 VULCAN MATERIAL COMP UTILITY REPAIR-DIXIE 18231 SANTA JOANANA 19354 2308206 276.27 11/08/23 CINTAS CORPORATION 6 UNIFORMS (10-26-23) 19575 2308230 16.14 11/08/23 JILL PROMOTIONS SNAPBACK HATS-FIELD SERVICES UNIFORMS 19516 2308259 50.94 11/08/23 CINTAS CORPORATION 6 UNIFORMS (11-2-23) 19576 2308231 16.14 TOTAL PAVEMENT MAINTENANCE 1,429.83
10050555 STORM DRAIN MAINT
11/01/23 CINTAS CORPORATION 6 UNIFORMS SEPT (9-21-23) 19127 2308134 5.58 11/01/23 CINTAS CORPORATION 6 UNIFORMS (9-28-23) 19129 2308135 5.58 11/01/23 CINTAS CORPORATION 6 UNIFORMS (10-5-23) 19209 2308136 5.58 11/01/23 CINTAS CORPORATION 6 UNIFORM RENTALS (10-12-23) 19215 2308137 5.58 11/08/23 CINTAS CORPORATION 6 UNIFORMS (10-19-23) 19574 2308229 5.58 11/08/23 CINTAS CORPORATION 6 UNIFORMS (10-26-23) 19575 2308230 5.58 11/08/23 JILL PROMOTIONS SNAPBACK HATS-FIELD SERVICES UNIFORMS 19516 2308259 15.28 11/08/23 CINTAS CORPORATION 6 UNIFORMS (11-2-23) 19576 2308231 5.58 11/08/23 SO CALIF GAS CO WALNUT PUMP STATION NATURAL GAS 10/3/23 19451 2308300 27.13 TOTAL STORM DRAIN MAINT 81.47
10050556 TRAFFIC CONTROL
11/01/23 CINTAS CORPORATION 6 UNIFORMS SEPT (9-21-23) 19127 2308134 3.62 11/01/23 CINTAS CORPORATION 6 UNIFORMS (9-28-23) 19129 2308135 3.62 11/01/23 CINTAS CORPORATION 6 UNIFORMS (10-5-23) 19209 2308136 3.62 11/01/23 CINTAS CORPORATION 6 UNIFORM RENTALS (10-12-23) 19215 2308137 3.62 11/08/23 CINTAS CORPORATION 6 UNIFORMS (10-19-23) 19574 2308229 3.62 11/08/23 CINTAS CORPORATION 6 UNIFORMS (10-26-23) 19575 2308230 3.62 11/08/23 JILL PROMOTIONS SNAPBACK HATS-FIELD SERVICES UNIFORMS 19516 2308259 20.38 11/08/23 CINTAS CORPORATION 6 UNIFORMS (11-2-23) 19576 2308231 3.62 TOTAL TRAFFIC CONTROL 45.72
10050557 STREET SWEEPING
11/08/23 SCA OF CA, LLC STREET SWEEPING SEPTEMBER 2023 19335 1300 33,122.20 TOTAL STREET SWEEPING 33,122.20

Page 18 ends

10050558 RECREATION CENTER
11/01/23 MERCHANTS LANDSCAPE SPORTS PK HOMELESS REMOVAL & CLEAN UP 19268 2308163 370.00 11/01/23 SAKIOKA WHOLESALE NU PLANT MATERIAL FOR SPINE RD MEDIANS AT 19327 2308184 183.18 11/01/23 SAKIOKA WHOLESALE NU PLANT MATERIAL FOR B&C PARKING LOT- 19329 2308185 153.54 11/01/23 CINTAS CORPORATION 6 UNIFORMS SEPT (9-21-23) 19127 2308134 3.19 11/01/23 SAKIOKA WHOLESALE NU PLANT MATERIAL FOR MEDIAN UNDER SOLAR 19330 2308186 54.95 11/01/23 SAKIOKA WHOLESALE NU PLANT MATERIAL FOR PLANTER- FIELD #2 19331 2308187 149.50 11/01/23 SAKIOKA WHOLESALE NU PLANT MATERIAL FOR PLANTER- FIELD #2 19332 2308188 169.81 11/01/23 CINTAS CORPORATION 6 UNIFORMS (9-28-23) 19129 2308135 3.19 11/01/23 MERCHANTS LANDSCAPE SPORTS PARK FERTIGATION MAINTENANCE 19269 2308164 978.80 11/08/23 MERCHANTS LANDSCAPE SPORTS PARK LANDSCAPE MAINTENANCE 19270 2308263 35,889.48 11/01/23 SAKIOKA WHOLESALE NU PLANT MATERIAL FOR RAISED PLANTER AT 19333 2308189 74.35 11/01/23 CINTAS CORPORATION 6 UNIFORMS (10-5-23) 19209 2308136 3.19 11/01/23 CINTAS CORPORATION 6 UNIFORM RENTALS (10-12-23) 19215 2308137 3.19 11/01/23 IMPERIAL SPRINKLER S SPRINKLER HEADS FOR VARIOUS PARTS OF 19324 2308152 814.13 11/01/23 IMPERIAL SPRINKLER S 3 TRASH CONTAINERS & 1 PAIR OF KNEE PADS 19326 2308153 213.12 11/01/23 IMPERIAL SPRINKLER S IRRIGATION PARTS FOR SPORTS PARK 19267 2308151 727.34 11/08/23 CINTAS CORPORATION 6 UNIFORMS (10-19-23) 19574 2308229 3.19 11/08/23 CINTAS CORPORATION 6 UNIFORMS (10-26-23) 19575 2308230 3.19 11/08/23 JILL PROMOTIONS SNAPBACK HATS-FIELD SERVICES UNIFORMS 19516 2308259 10.19 11/08/23 CINTAS CORPORATION 6 UNIFORMS (11-2-23) 19576 2308231 3.19 TOTAL RECREATION CENTER 39,810.72
10060600 FIRE SUPPRESSION
11/08/23 SOUTHERN CALIFORNIA APPARATUS MAINTENANCE AND REPAIR FOR 19501 2308304 1,278.63 11/08/23 SOUTHERN CALIFORNIA APPARATUS MAINTENANCE AND REPAIR FOR 19500 2308304 126.98 11/08/23 TURNOUT MAINTENANCE REPAIR/CLEAN TURNOUTS 19496 2308312 470.02 11/08/23 VERIZON WIRELESS FIRE AVL TRACKERS 10.23.23 - 11.22.23 19489 2308324 990.26 11/08/23 GRAY, JASON REIMBURSEMENT FOR PARAMEDICA LICENSE 19504 1294 250.00 11/08/23 LINEGEAR FIRE & RESC DRESS SHIRT FOR GRAY 19503 1295 172.40 11/08/23 VERIZON WIRELESS FIRE CELL PHONES 10.26.23 - 11.25.23 19482 2308322 108.32 11/08/23 AMAZON OFFICE SUPPLIES 1LCR-JRRC-17Q6 19493 1288 180.49 TOTAL FIRE SUPPRESSION 3,577.10
10060601 PARAMEDICS
11/08/23 PURETEC INDUSTRIAL W DEIONIZED WATER SYSTEM FOR STATION 1 19494 2308272 121.19 TOTAL PARAMEDICS 121.19
10060602 AMBULANCE SERVICES
11/08/23 BOUND TREE MEDICAL MEDICAL SUPPLIES 19483 2308225 796.35 11/08/23 VERIZON WIRELESS AMBULANCE AVL TRACKERS 10.23.23 - 11.22.23 19487 2308323 152.04 11/08/23 MCKESSON MEDICAL-SUR MEDICAL SUPPLIES 19485 1296 116.79 11/08/23 BOUND TREE MEDICAL MEDICAL SUPPLIES 19484 2308225 342.23 11/08/23 ZOLL MEDICAL CORPORA MEDICAL SUPPLIES 19486 2308328 828.70 11/08/23 VERIZON WIRELESS AMBULANCE CELL PHONES 10.26.23 - 11.25.23 19490 2308325 83.78 11/08/23 SPECTRUM GAS PRODUCT OXYGEN TANK RENTAL FOR STATION 2 19497 2308305 62.00 11/08/23 SPECTRUM GAS PRODUCT OXYGEN TANK RENTAL FOR STATION 1 19498 2308305 147.25 TOTAL AMBULANCE SERVICES 2,529.14

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10060603 FIRE PREVENTION
11/08/23 VERIZON WIRELESS FIRE CELL PHONES 10.26.23 - 11.25.23 19482 2308322 41.89 TOTAL FIRE PREVENTION 41.89
10060605 DISASTER PREPAREDNESS
11/08/23 VERIZON WIRELESS FIRE CELL PHONES 10.26.23 - 11.25.23 19482 2308322 135.08 TOTAL DISASTER PREPAREDNESS 135.08
10060607 F.I.R.S.T.
11/08/23 VERIZON WIRELESS FIRE CELL PHONES 10.26.23 - 11.25.23 19482 2308322 1.67 TOTAL F.I.R.S.T. 1.67
10070700 PATROL
11/01/23 FERGUSON, PRAET & SH TELECON REVIEW - PROFESSIONAL SERVICES 19367 2308142 1,375.00 11/01/23 SHRED-IT USA LLC SHREDDING - 9/11/23 & 9/20/23 19203 2308190 272.00 11/01/23 FERGUSON, PRAET & SH PROFESSIONAL SERVICES - SEPTEMBER 2023 19368 2308142 925.00 11/01/23 L.N. CURTIS & SONS RECRUIT SUPPLIES 19179 2308157 609.96 11/01/23 L.N. CURTIS & SONS BLUE TRAINING GUNS FOR RECRUITS 19174 2308157 202.12 11/01/23 AMAZON RUBBER STAMPS - 1RKN-N7C9-7HC7 19202 1247 46.92 11/01/23 AMAZON CELL PHONE CASES - 1G3C-VYRX-4G6G 19184 1247 41.26 11/01/23 AMAZON SUREFIRE BATTERIES - 14KL-KLXL-6134 19201 1247 177.62 11/01/23 AMAZON RECRUIT WHITE GLOVES - 1PNW-RVMD-DWV6 19187 1247 35.85 11/01/23 AMAZON AA BATTERIES/CHAIR MAT - 1G6X-3177-D96V 19191 1247 121.47 11/01/23 AMAZON TUBING & DUAL MONITOR DESK MOUNT - 1XKK- 19207 1247 88.06 11/01/23 MOSHER, BRIAN HOTEL/MEALS SLI 10/16-10/18/23 19286 1276 680.70 11/01/23 HUGHES, WILLIAM HOTEL/PARKING/MEALS - SLI 10/19-10/21/23 19288 1268 581.61 11/08/23 AMAZON RECORDS SUPPLIES/FLASH DRIVES-16QQ- 19437 1288 262.68 11/08/23 AT&T MOBILITY CELL PHONE (4) ACCT NO 287324738339 9/27- 19550 2308220 308.76 11/01/23 PETTY CASH FIELD SER PETTY CASH REIMBURSEMENT 103023 19320 2308173 300.69 11/01/23 ARCE, IVAN MEALS ICI HOMICIDE 10/9/23-10/20/23 19345 1259 460.00 11/01/23 HO, RAYMOND ACADEMY SUPPLIES (PT GEAR) 19371 1267 226.00 11/01/23 NGUYEN, SANG ACADEMY SUPPLIES (PT GEAR) 19373 1278 228.04 11/08/23 CAVENAUGH & ASSOCIAT TUITION DUI SEMINAR 11/13-11/17 QUANG 19397 2308227 620.00 11/08/23 AMAZON CLIPBOARDS - RECORDS-11KJ-1WY1-HJ9Y 19438 1288 97.84 11/08/23 WARDELL, LUCKY HOTEL/MEALS - ACADEMY EVOC TRAINING 19408 1303 903.50 11/08/23 ZANE, JOSEPH HOTEL/MILEAGE COPSWEST 10/2-10/3/23 19449 1304 262.42 TOTAL PATROL 8,827.50
10070701 INVESTIGATION
11/08/23 AMAZON RECORDS SUPPLIES/FLASH DRIVES-16QQ- 19437 1288 91.83 11/01/23 PETTY CASH FIELD SER PETTY CASH REIMBURSEMENT 103023 19320 2308173 110.53 TOTAL INVESTIGATION 202.36
10070702 TRAFFIC
11/01/23 ALL CITY MANAGEMENT CROSSING GUARDS - 10/1/23-10/14/23 19183 1246 10,855.46 TOTAL TRAFFIC 10,855.46
10070703 CANINE
11/01/23 COMMUNITY VETERINARY BOARDING/GROOMING POMIX 9/11 & 9/12 19204 2308139 396.00 11/01/23 COMMUNITY VETERINARY BOARDING POMIX 10/1/23 19205 2308139 106.00 TOTAL CANINE 502.00

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10070704 S.W.A.T.
11/01/23 AMAZON STICK ON WHITE BOARD CNT - 1N3M-3MQW- 19211 1247 43.49 TOTAL S.W.A.T. 43.49
10070705 L.E. COMMUNICATIONS
11/08/23 CYRACOM INTERNATIONA NON-EMERGENCY TRANSLATIONS - OCT 2023 19439 2308236 81.25 TOTAL L.E. COMMUNICATIONS 81.25
10070707 CRIME PREVENTION
11/01/23 AMAZON VOLUNTEER LUNCH CENTERPIECES - 1GHJ- 19198 1247 141.24 11/08/23 AMAZON NYLON BAGS - 1PJC-6C6J-3C3L 19435 1288 26.00 11/01/23 PETTY CASH FIELD SER PETTY CASH REIMBURSEMENT 103023 19320 2308173 107.94 11/08/23 AMAZON RIBBON - 1W6C-QC4X-V1WF 19436 1288 13.80 TOTAL CRIME PREVENTION 288.98
10070708 RANGE
11/01/23 ADKINS, BERTRUM A. RANGEMASTER SERVICES - OCTOBER 2023 19180 1245 875.00 TOTAL RANGE 875.00
10070800 ANIMAL CARE SVCS
11/08/23 COUNTY OF ORANGE ANIMAL CARE SERVICES 7/1/23-9/30/23 19434 2308234 159,776.37 TOTAL ANIMAL CARE SVCS 159,776.37
10080810 SENIOR & COMM CENTER
11/01/23 SPECTRUM GAS PRODUCT SC HELIUM TANK RENTAL 19366 2308196 12.50 11/01/23 NOW AND THEN TRIO ENTERTAINMENT FOR FALL DANCE 19321 2308170 400.00 11/01/23 AMAZON REFUND FOR OFFICE SUPPLIES 1PN3-WHY9- 19306 1247 (86.95) 11/01/23 AMAZON OFFICE SUPPLIES - COFFEE 1N9T-H4QC-1RCD 19307 1247 30.48 11/01/23 AMAZON OFFICE/FIRST AID SUPPLIES 1NVP-1TT7-4PV 19308 1247 16.67 11/01/23 AMAZON OFFICE SUPPLIES 1GCF-649K-44YF 19309 1247 8.38 11/01/23 LEI JES CATERING CATERING FOR FALL DANCE 19322 1269 325.00 11/08/23 SPECTRUM GAS PRODUCT SENIOR CENTER HELIUM TANK RENTAL 19426 2308305 12.50 11/08/23 AMAZON TABLE TENNIS SUPPLIES 1JLR-9VGR-1G1L 19443 1288 592.65 11/08/23 BLDG REFUND REFUND FOR RENTAL ON 1/13/2024 19444 2308224 140.00 11/08/23 S.C. GYM REPAIR SC FITNESS ROOM MONTHLY SERVICE & 19562 2308281 185.00 TOTAL SENIOR & COMM CENTER 1,636.23
10080820 CONTRACT CLASSES
11/01/23 WEST GROVE VOLLEYBAL INSTRUCTOR PAYMENT 19224 1285 210.70 11/01/23 THE RINKS WESTMINSTE INSTRUCTOR PAYMENT 19225 1282 210.00 11/01/23 WARDECKI, CARRIE L. INSTRUCTOR PAYMENT 19227 1284 1,398.15 11/01/23 N AMERICAN YOUTH ACT INSTRUCTOR PAYMENT 19228 1277 2,366.00 11/01/23 REC SVCS REFUND REFUND FOR 271037-A2 19229 2308176 104.00 11/01/23 REC SVCS REFUND REFUND FOR 251339-A2 19231 2308177 62.00 11/01/23 REC SVCS REFUND REFUND FOR 271037-A2 19350 2308175 104.00 11/01/23 WEST GROVE VOLLEYBAL PAYMENT FOR FALL 19349 1286 270.90 TOTAL CONTRACT CLASSES 4,725.75
10080821 SPECIAL EVENTS
11/01/23 AMAZON 111-6022876-4983421 19346 1256 112.93
11/01/23 AMAZON HALLOWEEN EVENT SUPPLIES 19347 1257 212.32 11/01/23 AMAZON OFFICE SUPPLIES 19348 1258 349.62

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TOTAL SPECIAL EVENTS 674.87
10093001 GENERAL FUND
11/08/23 THE PLANNING CENTER GENERAL PLAN UPDATE SEPT 1 - 30 2023 19407 2308310 10,534.75 TOTAL GENERAL FUND 10,534.75
10095000 GENERAL FUND
11/08/23 R.E. SCHULTZ CONSTRU REPLACED DAMAGED PLYGROUND 19544 2308273 1,950.00 TOTAL GENERAL FUND 1,950.00
10097000 GF PROJ RECURRING
11/08/23 COUNTY OF ORANGE 800 MHZ AGREEMENT 4TH QTR 202310-202312 19525 2308235 32,329.00 TOTAL GF PROJ RECURRING 32,329.00
11010050 ISF IS ADMIN CAPITAL
11/01/23 ADVANCED OFFICE / IN CONTRACT OVERAGE M948 8/1 - 8/31/23 19131 2308128 100.22 11/01/23 ADVANCED OFFICE / IN CONTRACT 41290 OVERAGE 7/26 - 8/25/23 19133 2308128 812.56 11/01/23 AMAZON RETURN - POST IT SUPER STICKY POP UP 19314 1247 (11.11) 11/01/23 MA LABS, INC 3.5 18T SATA HDEPZ10GEA51 19280 2308161 658.55 11/01/23 JMG SECURITY SYSTEMS STANLEY PHOTO ID PROX CARDS/KEY FOBS 19283 2308154 2,547.71 11/01/23 AMAZON SYNOLOGY 8-BAY DISC STATION/HAND TRUCK 19123 1247 2,298.28 11/01/23 THE INTERSECT GROUP WEEK ENDING 10/22/23 DEBORAH MCAULAY 19284 2308197 127.17 11/01/23 THE INTERSECT GROUP WEEK ENDING 10/22/23 J. ARNETT 19285 2308197 1,537.50 11/08/23 ADVANCED OFFICE / IN RICOH LEASED 24 - US BANK 10/15 - 11/15/23 19394 2308211 2,854.32 11/01/23 AMAZON INFRARED THERMOMETER/SMART PLUG 19317 1247 439.05 11/01/23 AMAZON ANKER USB C CABLE - GALAXY NOTE 19318 1247 76.00 11/01/23 CMS SOLUTIONS SWAPPED EXTENSIONS 10/20/23 19319 2308138 115.00 11/01/23 AMAZON RETURN - POST IT POP UP NOTES/DISPENSER 19311 1247 (16.52) 11/08/23 THE INTERSECT GROUP WEEK ENDING 10/29/23 D MCAULAY 19384 2308308 847.80 11/08/23 THE INTERSECT GROUP WEEK ENDING 10/29/23 J ARNETT 40 HOURS 19385 2308308 1,640.00 11/08/23 ADVANCED OFFICE / IN CONTRACT 41194 OVERAGE 9/18 - 10/17/23 19387 2308212 13.81 11/08/23 ADVANCED OFFICE / IN CONTRACT 41290 OVERAGE 9/26 - 10/25/23 19388 2308211 604.29 11/08/23 CHARTER COMMUNICATIO CH FIBER 10/31 - 11/30/23 19567 2308228 1,975.00 11/08/23 ADVANCED OFFICE / IN CONTRACT 41635 OVERAGE 10/3 - 11/2/23 19472 2308212 278.22 TOTAL ISF IS ADMIN CAPITAL 16,897.85
11010104 ISF IS
11/08/23 AT&T MOBILITY EMERGENCY IT PHONE 9/27 - 10/26/23 19556 2308222 2,110.28 11/01/23 AMAZON RETURN - SPIGEN MAGNETIC ULTRA HYBRID 19312 1247 (41.30) 11/01/23 AMAZON RETURN - POST IT POP UP NOTE DISPENSER 19316 1247 (14.13) TOTAL ISF IS 2,054.85
11094001 ISF IS FINANCE PRJ NON-REC
11/08/23 TYLER TECHNOLOGIES IMP-HCM 10/17/23 ANESA ABRAHAM 19391 2308313 1,400.00 TOTAL ISF IS FINANCE PRJ NON-REC 1,400.00
11110000 ISF GB CITY HALL
11/08/23 GRAINGER, INC. NEW MOTOR FOR ROOF FANS 19546 2308251 516.64 11/01/23 CINTAS CORPORATION 6 UNIFORMS SEPT (9-21-23) 19127 2308134 10.30 11/01/23 CINTAS CORPORATION 6 UNIFORMS (9-28-23) 19129 2308135 10.30 11/01/23 CINTAS CORPORATION 6 UNIFORMS (10-5-23) 19209 2308136 10.30 11/01/23 CINTAS CORPORATION 6 UNIFORM RENTALS (10-12-23) 19215 2308137 10.30

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11/01/23 AMAZON FURNITURE LEGS-13WX-6FNX-XH34 19246 1249 17.50 11/08/23 GRAINGER, INC. SIGN FOR EXTERIOR DOUBLE DOOR 19411 2308248 10.82 11/08/23 CINTAS CORPORATION 6 UNIFORMS (10-19-23) 19574 2308229 10.30 11/08/23 SMARDAN SUPPLY CO. PARTS FOR ICE MACHINE DRAIN CONNECTION 19414 2308284 34.23 11/01/23 KEN'S LOCKSMITHERY NEW PAD LOCKS 19363 2308155 193.99 11/08/23 FRONTIER COMMUNICATI T-1 METRO NET 10/25 - 11/24/23 19566 2308246 703.74 11/08/23 CINTAS CORPORATION 6 UNIFORMS (10-26-23) 19575 2308230 10.30 11/08/23 FRONTIER COMMUNICATI EOC LINES 10/28 - 11/27/23 19559 2308243 512.36 11/08/23 ROAD RUNNER EXTERMIN MONTHLY PEST CONTROL 19465 2308278 72.00 11/08/23 JILL PROMOTIONS SNAPBACK HATS-FIELD SERVICES UNIFORMS 19516 2308259 40.76 11/08/23 CINTAS CORPORATION 6 UNIFORMS (11-2-23) 19576 2308231 10.30 11/08/23 SO CALIF EDISON CO CITY HALL ELECTRICITY 10/5/23 - 11/2/23 19468 2308291 7,660.90 11/08/23 SO CALIF GAS CO CITY HALL NATURAL GAS 10/3/23 - 11/1/23 19447 2308297 436.74 11/08/23 PACIFIC COAST REFRIG CUSTOM METAL DRAIN PAN FOR ICE MAKER 19542 2308271 240.00 TOTAL ISF GB CITY HALL 10,511.78
11150000 ISF GB CITY YARD
11/08/23 GRAINGER, INC. NEW FAN FOR MENS 2ND FLOOR RESTROOM 19548 2308253 259.03 11/08/23 AMTECH ELEVATOR SERV MONTHLY SERVICE 19459 2308216 221.67 11/01/23 AT&T FS#2 & CY PHONE 9/22-10/21/23 19279 2308131 220.32 11/08/23 ROAD RUNNER EXTERMIN MONTHLY PEST CONTROL 19466 2308279 142.00 11/08/23 SO CALIF EDISON CO CITY YARD ELECTRICITY BILL 10/3/23 - 10/31/23 19452 2308289 2,495.92 11/08/23 SO CALIF GAS CO CORP YARD NATURAL GAS 10/4/23 - 11/3/23 19513 2308302 16.23 TOTAL ISF GB CITY YARD 3,355.17
11160001 ISF GB FS1
11/08/23 FRONTIER COMMUNICATI FS#2 CKT 10/22 - 11/21/23 19474 2308242 41.36 11/01/23 SO CALIF EDISON CO FIRE STATION #1 ELECTRICITY 9/27/23 - 10/25/23 19304 2308194 2,056.07 11/08/23 ROAD RUNNER EXTERMIN MONTHLY PEST CONTROL 19467 2308280 81.00 11/08/23 SO CALIF GAS CO FIRE STATION #1 NATURAL GAS 10/3/23 - 11/1/23 19448 2308298 235.59 TOTAL ISF GB FS1 2,414.02
11160002 ISF GB FS2
11/01/23 AT&T FS#2 & CY PHONE 9/22-10/21/23 19279 2308131 328.20 11/08/23 SO CALIF GAS CO FIRE STATION #2 NATURAL GAS 10/4/23 - 11/3/23 19508 2308301 74.83 TOTAL ISF GB FS2 403.03
11160003 ISF GB BUSHARD
11/01/23 SO CALIF EDISON CO FIRE STATION #3 ELECTRICITY 9/19/23 - 10/17/23 19212 2308192 422.93 11/08/23 JMG SECURITY SYSTEMS DISCONNECT CAMERAS 19424 2308260 250.00 TOTAL ISF GB BUSHARD 672.93
11170000 ISF GB POLICE DEPARTMENT
11/08/23 AMTECH ELEVATOR SERV ELEVATOR SERVICE 19442 2308213 2,300.00 11/08/23 AMTECH ELEVATOR SERV MONTHLY SERVICE 19456 2308215 200.41 11/08/23 VERIZON WIRELESS PD MDC 10/23 - 11/22/23 19473 2308318 1,188.26 11/01/23 PROFESSIONAL PLUMBIN REPAIRED LEAKING TOILET 19277 2308174 225.00 11/08/23 GRAINGER, INC. LIGHT LENS FOR PCTA ROOM 19412 2308249 237.50 11/01/23 KEN'S LOCKSMITHERY KEYS FOR PD 19364 2308156 33.19 11/08/23 FRONTIER COMMUNICATI PD DISPATCH 10/28 - 11/27/23 19560 2308244 392.25

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11/08/23 FRONTIER COMMUNICATI CENTRA NET - 911 10/28 - 11/27/23 19561 2308245 313.07 11/08/23 ROAD RUNNER EXTERMIN MONTHLY PEST CONTROL 19464 2308277 107.00 11/08/23 DUNN-EDWARDS CORPORA PAINT FOR PD-PCTA ROOM 19538 2308237 60.24 11/08/23 DUNN-EDWARDS CORPORA PAINT SUPPLIES FOR PD- PCTA ROOM 19539 2308238 60.58 11/08/23 PACIFIC COAST REFRIG REPLACED AIR FILTERS DUE TO PD 19461 2308270 276.00 11/08/23 GREGCO PAINTING, INC SEAL, SKIM AND TEXTURE WALLS AT PD-PCTA 19541 2308257 3,392.00 11/08/23 SO CALIF EDISON CO POLICE DEPARTMENT ELECTRICITY 10/5/23 - 19469 2308292 8,409.39 11/08/23 SO CALIF GAS CO POLICE DEPARTMENT NAT GAS BILL 10/3/23 - 19445 2308296 437.86 TOTAL ISF GB POLICE DEPARTMENT 17,632.75
11180000 ISF GB REC CENTER
11/01/23 AR INDUSTRIES REPAIR AUTO GATE AND KEYPAD 19362 2308130 1,737.98 11/08/23 AR INDUSTRIES REPAIRED CHAIN LINK FENCE AT TENNIS 19460 2308217 635.57 11/01/23 PACIFIC COAST REFRIG HVAC REPAIR NEW AIR SENSOR 19360 2308172 1,008.00 11/01/23 AT&T FS#2 & CY PHONE 9/22-10/21/23 19279 2308131 156.68 11/08/23 SO CALIF EDISON CO SPORTS PARK ELECTRICITY 9/28/23 - 10/26/23 19357 2308287 19.92 11/08/23 SO CALIF EDISON CO REC CENTER ELECTRICITY 9/28/23 - 10/26/23 19358 2308288 19.32 11/01/23 DAVID CROWELL ELECTR REPAIRED EXTERIOR DAMAGED CONDUIT 19359 2308141 900.00 11/08/23 ROAD RUNNER EXTERMIN MONTHLY PEST CONTROL 19462 2308275 175.00 11/08/23 ROAD RUNNER EXTERMIN MONTHLY PEST CONTROL 19463 2308276 82.00 11/08/23 DUNN-EDWARDS CORPORA PAINT FOR GRAFFITI COVER 19540 2308239 292.83 11/08/23 GRAINGER, INC. NEW RAT TRAPS 19547 2308252 146.95 11/08/23 SO CALIF EDISON CO REC CENTER ELECTRICITY BILL 10/5/23 - 11/2/23 19476 2308293 991.43 11/08/23 SO CALIF GAS CO REC CENTER NATURAL GAS 10/4/23 - 11/3/23 19514 2308303 203.03 TOTAL ISF GB REC CENTER 6,368.71
11180001 ISF GB SR CENTER
11/08/23 AMTECH ELEVATOR SERV MONTHLY SERVICE 19454 2308214 188.31 11/01/23 AR INDUSTRIES REPAIR/REPLACE FRONT DOOR CONTROLLER 19141 2308129 8,397.00 11/01/23 ROAD RUNNER EXTERMIN MONTHLY SERVICE PEST CONTROL 19365 2308182 137.00 11/01/23 SO CALIF EDISON CO SENIOR CENTER ELECTRICITY 9/27/23 - 10/25/23 19303 2308193 1,552.53 11/08/23 AR INDUSTRIES REPAIRED DOOR LOCK 19543 2308218 472.50 11/08/23 SO CALIF GAS CO SENIOR CENTER NATURAL GAS 10/3/23 - 11/1/23 19450 2308299 169.85 TOTAL ISF GB SR CENTER 10,917.19
11250001 PW - FLEET MGMT
11/01/23 CINTAS CORPORATION 6 UNIFORMS SEPT (9-21-23) 19127 2308134 68.53 11/01/23 RED WING BUSINESS AD SAFETY BOOTS-D.L. 19351 2308178 214.21 11/01/23 CINTAS CORPORATION 6 UNIFORMS (9-28-23) 19129 2308135 68.53 11/01/23 RUSH TRUCK CENTERS O FUEL TANK AND ACCESSORIES FOR NEW 19242 2308183 5,802.34 11/01/23 CINTAS CORPORATION 6 UNIFORMS (10-5-23) 19209 2308136 68.53 11/01/23 CINTAS CORPORATION 6 UNIFORM RENTALS (10-12-23) 19215 2308137 68.53 11/01/23 RINCON TRUCK CENTER, STOCK PARTS 19274 2308181 25.66 11/08/23 CINTAS CORPORATION 6 UNIFORMS (10-19-23) 19574 2308229 68.53 11/08/23 CINTAS CORPORATION 6 UNIFORMS (10-26-23) 19575 2308230 68.53 11/08/23 JILL PROMOTIONS SNAPBACK HATS-FIELD SERVICES UNIFORMS 19516 2308259 40.76 11/08/23 CINTAS CORPORATION 6 UNIFORMS (11-2-23) 19576 2308231 68.53 TOTAL PW - FLEET MGMT 6,562.68

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11350053 ISF EQ PW R&C CAPITAL
11/08/23 GRAINGER, INC. FLOOR CUTTING TOOL 19413 2308250 315.30 11/08/23 SMARDAN SUPPLY CO. RESTOCK TOOLS FOR WORK TRUCK 19415 2308285 70.48 TOTAL ISF EQ PW R&C CAPITAL 385.78
11360053 ISF EQ FD R&C CAPITAL
11/08/23 THIRD ALARM FIRE EQU SELF CONTAINED BREATHING APPARATUS AIR 19492 2308311 7,286.92 TOTAL ISF EQ FD R&C CAPITAL 7,286.92
11400400 SELF INSURANCE
11/08/23 ATHENS ADMINISTRATOR REPLENISHMENT OF CHECKS WRITTEN 10/1/23 19506 1290 71,912.09 11/08/23 AMAZON FIRST AID KIT FOR BREAKROOM INV 19JT- 19573 1289 162.00 TOTAL SELF INSURANCE 72,074.09
11400411 SELF INSURANCE
11/08/23 EMPLOYMENT DEVELOPME ACCT #932-0092-1 UNEMP BENEFITS (7/1/23 - 19563 2308240 5,385.00 TOTAL SELF INSURANCE 5,385.00
11400430 SELF INSURANCE
11/08/23 THE LINCOLN NATIONAL LIFE INSURANCE/LTD/ADD/EAP (11/01/23- 19423 2308309 3,487.07 11/08/23 MYERS-STEVENS & TOOH DECEMBER 2023 PORAC LTD (ACCT 54541) 19568 2308264 1,277.10 TOTAL SELF INSURANCE 4,764.17
11500000 ISF EMPLOYEE BENEFITS
11/10/23 CALPERS CALPERS MEDICAL - NOVEMBER 2023 19245 1244 267,667.86 11/01/23 FRANCHISE TAX BOARD FTB ID: 1113823154 ACCT#: 573679043 19370 2308143 100.00 11/01/23 FVPOA PAC PR PPE 102723 POL DEDUCTIONS 19372 1265 480.00 11/01/23 ORANGE COUNTY EMPLOY PR PPE 102723 DPT & DYD DEDUCTIONS 19374 1281 399.85 11/01/23 FOUNTAIN VALLEY GENE PR PPE 102723 DGE DEDUCTIONS 19376 1263 481.00 11/01/23 FOUNTAIN VALLEY POLI PR PPE 102723 DPD DEDUCTIONS 19377 1264 2,250.00 11/01/23 FOUNTAIN VALLEY FIRE PR PPE 102723 DFR DEDUCTIONS 19379 1262 2,727.64 11/01/23 FOUNTAIN VALLEY CRED PR PPE 102723 CU DEDUCTIONS 19380 1261 44,539.60 11/01/23 MISSION SQUARE RET P PLAN# 800414 - RHM DED 19381 1275 203.54 11/01/23 MISSION SQUARE RET P PLAN# 800389 - RHA & RHC DED 19382 1274 1,131.11 11/01/23 MISSION SQUARE RET P PLAN# 803216 - RHF & RHS DED 19383 1273 2,186.01 11/01/23 U.S. BANK N.A. PR PPE 102723 PAR/PRE DEDUCTIONS 19389 1283 2,765.26 11/08/23 THE LINCOLN NATIONAL LIFE INSURANCE/LTD/ADD/EAP (11/01/23- 19423 2308309 1,430.95 11/08/23 STANDARD INSURANCE C 2311_VISION_ACTIVE (110123 - 113023) 19551 2308306 2,282.32 11/08/23 STANDARD INSURANCE C 2311_VISION_COBRA (110123 - 113023) 19552 2308307 60.44 TOTAL ISF EMPLOYEE BENEFITS 328,705.58
11500450 EMPLOYEE BENEFITS
11/10/23 CALPERS CALPERS MEDICAL - NOVEMBER 2023 19245 1244 29,379.43 11/01/23 MISSION SQUARE RET P MISSION SQUARE RHS ACCOUNT FEE (7/01/23 - 19293 1271 1,000.00 11/01/23 FASULLO, NICHOLAS TUITION REIMBURSEMENT (BAM 315) 19337 1260 459.00 11/01/23 MISSION SQUARE RET P MISSION SQUARE PLAN #803210 - DECEMBER 19369 1270 128,552.49 11/01/23 U.S. BANK N.A. PR PPE 102723 PAR/PRE DEDUCTIONS 19389 1283 66.06 TOTAL EMPLOYEE BENEFITS 159,456.98
23030310 CDBG CODE ENFORCEMENT
11/08/23 VERIZON WIRELESS 10/26-11/25-Plng, Bldg, CDBG CE Cells & Ipads 19477 2308319 79.90 TOTAL CDBG CODE ENFORCEMENT 79.90

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23130322 FVHA LOAN ADMINISTRATION
11/08/23 YOU CHECK CREDIT.COM LIBERTY CREDIT CHECK V.S. 19527 2308327 19.90 TOTAL FVHA LOAN ADMINISTRATION 19.90
23130324 FVHA AFFORDABLE
11/08/23 NEWMAN, M. ASHLYN RECORDING FEES FOR HEIL PARK

19511 1297 235.00
TOTAL FVHA AFFORDABLE 235.00
30095301 CAPITAL IMP - ROAD REHAB
11/08/23 C2 IMAGING RES ROADWAY REHAB D1 - REPROGRAPHICS 19297 2308226 485.13 11/01/23 ONYX PAVING COMPANY RESIDENTIAL ROADWAY REHAB D1 PP2 9/01/23- 19230 1280 928,276.40 TOTAL CAPITAL IMP - ROAD REHAB 928,761.53
30095302 CAPITAL IMP - PAVEMENT REHAB
11/01/23 FULL TRAFFIC MAINTEN TC NB NEWLAND B/W SLATER & WARNER 19287 2308144 2,115.39 TOTAL CAPITAL IMP - PAVEMENT REHAB 2,115.39
50040403 WF UTILITY BILLING
11/08/23 AMAZON TAPE/ CALENDAR/ RECEIPT PAPER 19532 1288 141.08 TOTAL WF UTILITY BILLING 141.08
50050570 WF WTR PROD. OPNS
11/08/23 GARCIA, DAVID WATER DISTRIBUTION EXAM FEE 19223 1293 102.00 11/01/23 CINTAS CORPORATION 6 UNIFORMS SEPT (9-21-23) 19127 2308134 19.86 11/01/23 CINTAS CORPORATION 6 UNIFORMS (9-28-23) 19129 2308135 19.86 11/01/23 CINTAS CORPORATION 6 UNIFORMS (10-5-23) 19209 2308136 19.86 11/01/23 CINTAS CORPORATION 6 UNIFORM RENTALS (10-12-23) 19215 2308137 19.86 11/01/23 AMAZON INSPECTION CAMERA 1GTK-Q79L-F1CR 19257 1252 76.09 11/01/23 AMAZON CASTER WHEELS 1X49-LMQF-4V36 19259 1254 74.82 11/08/23 GARCIA, DAVID WATER DISTRIBUTION OPERATOR RENEWAL- 19221 1292 92.00 11/08/23 CINTAS CORPORATION 6 UNIFORMS (10-19-23) 19574 2308229 19.86 11/08/23 GRAINGER, INC. TRASH BAGS FOR WELL SITES 19433 2308247 86.99 11/08/23 CINTAS CORPORATION 6 UNIFORMS (10-26-23) 19575 2308230 53.52 11/08/23 JILL PROMOTIONS SNAPBACK HATS-FIELD SERVICES UNIFORMS 19516 2308259 50.94 11/08/23 CINTAS CORPORATION 6 UNIFORMS (11-2-23) 19576 2308231 17.16 TOTAL WF WTR PROD. OPNS 652.82
50050571 WF DISTRIBUTION SYSTEM
11/01/23 SMARDAN SUPPLY CO. DRILL, 1/2" COPPER TUBING, FIP ADAPTER 19341 2308191 379.62 11/01/23 YO FIRE 4 8" FLEX COUPLING 19261 2308210 1,687.80 11/01/23 RED WING BUSINESS AD SAFETY BOOTS-H.C. 19353 2308179 215.00 11/01/23 CINTAS CORPORATION 6 UNIFORMS SEPT (9-21-23) 19127 2308134 25.20 11/01/23 AMAZON BATTERY CHARGER 1QR6-NW4F-7K7T 19255 1251 232.80 11/01/23 CINTAS CORPORATION 6 UNIFORMS (9-28-23) 19129 2308135 92.11 11/01/23 SOUTH COAST AIR QUAL ANNUAL RENEWAL FEE 19342 2308195 2,019.64 11/01/23 SOUTH COAST AIR QUAL EMISSIONS FEE 19343 2308195 160.35 11/01/23 CINTAS CORPORATION 6 UNIFORMS (10-5-23) 19209 2308136 63.68 11/01/23 UNITED RENTALS NORTH BIT, CHISEL AND CUTTER 18860 2308203 92.20 11/01/23 CINTAS CORPORATION 6 UNIFORM RENTALS (10-12-23) 19215 2308137 31.60 11/01/23 AMAZON SAFETY GLASSES AND GLOVES 18859 1247 210.63 11/01/23 SMARDAN SUPPLY CO. PVC MIP ADAPTER 19254 2308191 4.93

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11/08/23 CINTAS CORPORATION 6 UNIFORMS (10-19-23) 19574 2308229 25.20 11/01/23 VULCAN MATERIAL COMP 15 TONS OF COLD MIX 19344 2308204 1,997.70 11/01/23 MUNICIPAL WATER DIST SEPT 2023 TURF REMOVAL & S2D 19340 2308169 333.00 11/08/23 CINTAS CORPORATION 6 UNIFORMS (10-26-23) 19575 2308230 228.71 11/08/23 JILL PROMOTIONS SNAPBACK HATS-FIELD SERVICES UNIFORMS 19516 2308259 81.50 11/08/23 CINTAS CORPORATION 6 UNIFORMS (11-2-23) 19576 2308231 119.63 TOTAL WF DISTRIBUTION SYSTEM 8,001.30
50050572 WF WTR QUAL & TREATMENT
11/08/23 USA BLUE BOOK Reagents for water sampling CHLORINE 19430 2308317 384.30 11/01/23 AMAZON MIXER STIR BAR 1WJ7-D13C-HTMD 19258 1253 11.52 11/08/23 SIERRA ANALYTICAL LA WATER QUALITY SAMPLING SEPT. 2023 1 OF 2 19431 2308283 2,400.00 11/08/23 SIERRA ANALYTICAL LA WATER QUALITY SAMPLING SEPTEMBER 2023 2 19432 2308283 3,184.00 11/01/23 AMAZON SELF INKING DATE STAMPS 1XCG-7TFK-6DLC 19260 1255 67.44 11/08/23 USA BLUE BOOK WATER HARDNESS TEST KEYS 19429 2308317 109.47 TOTAL WF WTR QUAL & TREATMENT 6,156.73
50050573 WF CUSTOMER SERVICE
11/01/23 CINTAS CORPORATION 6 UNIFORMS SEPT (9-21-23) 19127 2308134 6.40 11/01/23 CINTAS CORPORATION 6 UNIFORMS (9-28-23) 19129 2308135 6.40 11/01/23 CINTAS CORPORATION 6 UNIFORMS (10-5-23) 19209 2308136 88.18 11/08/23 CINTAS CORPORATION 6 UNIFORMS (10-19-23) 19574 2308229 6.40 11/08/23 CINTAS CORPORATION 6 UNIFORMS (10-26-23) 19575 2308230 6.40 11/08/23 JILL PROMOTIONS SNAPBACK HATS-FIELD SERVICES UNIFORMS 19516 2308259 20.38 11/08/23 CINTAS CORPORATION 6 UNIFORMS (11-2-23) 19576 2308231 6.40 TOTAL WF CUSTOMER SERVICE 140.56
50150580 SF SEWER MAINTENANCE
11/08/23 OC SANITATION DISTRI Q4 2022/2023 FOG INSPECTIONS 19488 2308269 366.00 11/01/23 CINTAS CORPORATION 6 UNIFORMS SEPT (9-21-23) 19127 2308134 8.77 11/01/23 CINTAS CORPORATION 6 UNIFORMS (9-28-23) 19129 2308135 8.77 11/01/23 CINTAS CORPORATION 6 UNIFORMS (10-5-23) 19209 2308136 8.77 11/01/23 CINTAS CORPORATION 6 UNIFORM RENTALS (10-12-23) 19215 2308137 8.77 11/08/23 CINTAS CORPORATION 6 UNIFORMS (10-19-23) 19574 2308229 8.77 11/08/23 CINTAS CORPORATION 6 UNIFORMS (10-26-23) 19575 2308230 8.77 11/08/23 JILL PROMOTIONS SNAPBACK HATS-FIELD SERVICES UNIFORMS 19516 2308259 25.47 11/08/23 CINTAS CORPORATION 6 UNIFORMS (11-2-23) 19576 2308231 8.77 TOTAL SF SEWER MAINTENANCE 452.86
50250590 SWF SOLID WASTE
11/08/23 REPUBLIC SERVICES, I RUBBISH HAULING - OCTOBER 2023 19475 2308274 367,238.22 TOTAL SWF SOLID WASTE 367,238.22
TOTAL $2,467,013.45

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CITY OF FOUNTAIN VALLEY

CITY COUNCIL/SUCCESSOR AGENCY TO

THE FOUNTAIN VALLEY AGENCY FOR

COMMUNITY DEVELOPMENT

AGENCY/HOUSING AUTHORITY

ACTION REQUEST
To: Honorable Mayor/Agency Chair/ Agenda Date: November 21, 2023 Authority Chair and Council/
Agency/Authority Members
SUBJECT: Housing Authority and Housing Successor Agency Annual Report - FY 2022/23 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:

This Annual Report of the Fountain Valley Housing Authority (Housing Authority) and Fountain Valley Housing Successor Agency (Successor Agency) is prepared under the California Health and Safety Code (HSC), Division 24, Parts 1.8 and 1.85 (Dissolution Law), in particular Section 34176.1 as the housing successor, and under the California Housing Authorities Law, HSC Section 34200, et seq. (HAL), in particular Section 34328 as a housing authority (together, Report).

Senate Bill 341, which became law on January 1, 2014, requires "housing successors" – cities, counties, and housing authorities that have taken over housing functions for former redevelopment agencies, to prepare an annual report of housing activities and expenditures during the year and provide it to the Successor Agency governing body within six months after the end of each fiscal year. (Attachment #1).

This Report satisfies the requirements under both HSC Sections and details the Housing Authority’s activities during Fiscal Year 2022-2023 (FY 22-23), including information required about the Low and Moderate Income Housing Asset Fund (LMIHAF) and other information under Section 34176.1(f).

This annual report covers July 1, 2022 through June 30, 2023.

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Housing Authority and Housing Successor Agency Annual Report FY 2022/23 November 21, 2023

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DISCUSSION:

This Report includes information prepared by City staff on behalf of the Housing Authority/Successor Agency and information contained within the financial records of LMIHAF for FY 22-23. The Report is organized into sections I. through XIV. inclusive, and includes all sections required by statute.

A detailed description of the Housing Successor activities undertaken during FY 22-23, as well as the state of the LMIHAF are included in the attached report, with a brief summary provided below:
 Total deposits into the LMIHAF of $612,466 that consists of principal and interest payments on outstanding First-Time Homebuyer, Rehabilitation and Affordable Housing project loans.
 Total expenditures from the LMIHAF of $167,018 that consists of housing monitoring, administration, and housing pre-development expenditures.  Total statutory value of assets owned by the Housing Successor of $12,250,656 that consists of First-Time Home Buyer and Rehabilitation loans to residents and loans to developers for the Prado and Jasmine affordable housing projects.

The Housing Successor must annually perform three (3) tests to ensure compliance with the statute. These tests include the Extremely Low and Low Income Tests, the Senior Housing Test, and the Excess Surplus Test and complete details are included in the attached report.  Extremely Low and Low Income Tests - The current test period is July 1, 2019 to June 30, 2024 and the Housing Successor has not spent any funds on the development of rental housing during this reporting period. However, during the last reporting period, the Housing Successor expended 27% of funds from the LMIHAF on ELI households, which fell below the required 30% threshold. Because of this deficit, the Housing Successor must ensure that at least 50% of the remaining LMIHAF funds expended in each fiscal year are used for the development of rental housing for ELI households until the housing successor demonstrates compliance in an annual report.  Senior Housing - This test requires the Housing Successor to ensure that no more than 50% of City and Successor Agency funds are spent on units for senior citizens over the prior 10-year period. The Housing Successor has not spent any funds on senior housing during the 10-year test period thereby meeting compliance requirements.  Excess Surplus - Excess Surplus is an unencumbered amount in the account that exceeds the greater of one million dollars or the aggregate amount deposited into the account during the preceding four (4) fiscal years, whichever is greater. $2,969,327 was deposited into the account in the four (4) previous fiscal years and the FYE cash balance in the account was $5,680,729. After encumbering the projected 10-year costs of $2.85 million for the operation of the Central Cities Navigation Center (CCNC) over the next

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Housing Authority and Housing Successor Agency Annual Report FY 2022/23 November 21, 2023

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ten years, the cash balance of the LMIHAF is $2,830,729 and the account does not have an excess surplus.

Section XIV provides additional information required under HSC 34328. The Housing Authority had no reportable action in these areas however; information is provided regarding the temporary loan the Housing Authority received from the General Fund for the Central Cities Navigation Center (CCNC). The short-term loan was needed to ensure the CCNC project moved forward while the partner cities obtained approval of their Housing Elements. The Housing Authority will repay the loan to the General Fund and will show the disbursement from the LMIHAF for the acquisition and development of the CCNC in the year that it occurs.

This report must be provided to the City Council, as the governing body, and to the Housing Authority Commission by the December 31, 2023 deadline, under Section 34176.1(f), and, upon their joint review and action to file the Report, it will be posted on the City’s website at www.fountainvalley.org, with a copy forwarded to California Department of Housing and Community Development and the Governor’s Office as required by State Law.

FISCAL REVIEW:

No Fiscal Impact; however, failure to file this report as required by Section 33080.1 of the California Health and Safety Code could result in a major audit violation. The fine for a major audit violation can be up to $10,000.

PUBLIC NOTIFICATION:

Not applicable.

ENVIRONMENTAL IMPACT REVIEW:

Not applicable.

ATTORNEY REVIEW:

This does not require the Attorney for the City review or approval.

ALTERNATIVES:

Alternative No.1: Receive and file the Housing Authority and Housing Successor Agency Annual Report; authorize staff to forward the report to the California Department of Housing and Community Development and the Governor’s Office and the posting of the Report on the City’s website by December 31, 2023.

Alternative No. 2: Provide direction to Staff to amend the report as deemed necessary and authorize staff to forward the report to the California Department of Housing and Community Development and the Governor’s Office and the posting of the Report on the City’s website by December 31, 2023.

RECOMMENDATION:

Staff is requesting City Council approval of Alternative No. 1: Receive and file the Housing Authority and Housing Successor Agency Annual Report; authorize staff to forward the report

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Housing Authority and Housing Successor Agency Annual Report FY 2022/23 November 21, 2023

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to the California Department of Housing and Community Development and the Governor’s Office and the posting of the Report on the City’s website by December 31, 2023.

Prepared by: Ashlyn Newman, Housing Coordinator
Reviewed by: Omar Dadabhoy, Deputy City Manager/Community Development Director
Fiscal review by: Ryan Smith, Finance Director
Approved by: Maggie Le, Executive Director / City Manager Attachments:

1. Fountain Valley Housing Authority and Fountain Valley Housing Successor Agency Annual Report for FY 2022/23

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FOUNTAIN VALLEY HOUSING AUTHORITY AND HOUSING SUCCESSOR ANNUAL REPORT 1

FOUNTAIN VALLEY HOUSING AUTHORITY

AND HOUSING SUCCESSOR AGENCY

ANNUAL REPORT
FOR FISCAL YEAR 2022/23 PURSUANT TO CALIFORNIA
HEALTH AND SAFETY CODE SECTIONS 34176.1 AND 34328
This Annual Report of the Fountain Valley Housing Authority (Housing Authority) is prepared under the California Health and Safety Code (HSC), Division 24, Parts 1.8 and 1.85 (Dissolution Law), in particular Section 34176.1 as the housing successor, and under the California Housing Authorities Law, HSC Section 34200, et seq. (HAL), in particular Section 34328 as a housing authority (together, Report). The Dissolution Law and HAL respectively require preparation of an annual report on the housing successor and the housing authority’s activities for the prior fiscal year. This Report details the Housing Authority’s activities during Fiscal Year (FY) 2022- 2023 and is intended to satisfy the requirements under both HSC Sections 34176.1 and 34328.

More specifically, this Report details the Housing Authority’s activities for FY 2022-2023, including the information required about the Low and Moderate Income Housing Asset Fund (LMIHAF) and other information under Section 34176.1(f). A copy of the Report, in this draft form, has been provided to the City Council, as governing body, and to the Housing Authority by December 31, 2023, under Section 34176.1(f), and, upon their joint review and action to file the Report, it will be posted on the City’s website at www.fountainvalley.org, with a copy forwarded to California Department of Housing and Community Development and the Governor’s Office as required by State Law.

This Report includes information prepared by City staff on behalf of the Housing Authority and information contained within the financial records of the Low and Moderate Income Housing Asset Fund for FY 2022-2023. This Report conforms with, and is organized into sections I. through XIV., inclusive, under HSC Section 34176.1(f) of the Dissolution Law and Section 34328 of the HAL.

I. Amount Received Pursuant to Section 34191.4(b)(3)(A): This section provides a total amount of funds received pursuant to Section 34191.4(b)(3)(A).

II. Amount Deposited into LMIHAF: This section provides the total amount of funds deposited into the LMIHAF during the Fiscal Year. Any amounts deposited for items listed on the Recognized Obligation Payment Schedule (ROPS) must be distinguished from the other amounts deposited.

III. Ending Balance of LMIHAF: This section provides a statement of the balance in the LMIHAF as of the close of the Fiscal Year. Any amounts deposited for items listed on the ROPS, and amounts allocable to Section 34191.4 deposits, must be distinguished from the other amounts deposited.

IV. Description of Expenditures from LMIHAF: This section provides a description of the expenditures made from the LMIHAF during the Fiscal Year. The expenditures are to be categorized among administration for monitoring and preserving covenanted housing units, homeless prevention and rapid rehousing, and development of housing.

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FOUNTAIN VALLEY HOUSING AUTHORITY AND HOUSING SUCCESSOR ANNUAL REPORT 2 V. Statutory Value Of Assets Owned By Housing Successor In LMIHAF: This section provides the statutory value of real property owned by the Housing Successor, the value of loans and grants receivables and the sum of these two amounts.

VI. Description of Transfers: This section describes transfers, if any, to another housing successor agency made in previous Fiscal Year(s), including whether the funds are unencumbered and the status of projects, if any, for which the transferred LMIHAF will be used. The sole purpose of the transfers must be for the development of transit priority projects, permanent supportive housing, housing for agricultural employees or special needs housing.

VII. Project Descriptions: This section describes any project for which the Housing Successor receives or holds property tax revenue pursuant to the ROPS and the status of that project.

VIII. Status of Compliance with Section 33334.16: This section provides a status update on compliance with Section 33334.16 for interests in real property acquired by the former redevelopment agency prior to February 1, 2012. For interests in real property acquired on or after February 1, 2012, provide a status update on the project.

IX. Description of Outstanding Obligations under Section 33413: This section describes the outstanding inclusionary and replacement housing obligations, if any, under Section 33413 that remained outstanding prior to dissolution of the former redevelopment agency as of February 1, 2012 along with the Housing Successor’s progress in meeting those prior obligations, if any, of the former redevelopment agency and how the Housing Successor’s plans to meet unmet obligations, if any.

X. Income Test: This section provides the information required by Section 34176.1(a)(3)(B), or a description of expenditures by income restriction for five year period, with the first time period beginning January 1, 2014 and whether the statutory thresholds have been met.

XI. Senior Housing Test: This section provides the percentage of units of deed-restricted rental housing restricted to seniors and assisted individually or jointly by the Housing Successor, its former redevelopment Agency, and its host jurisdiction within the previous 10 years in relation to the aggregate number of units of deed-restricted rental housing assisted individually or jointly by the Housing Successor, its former Redevelopment Agency and its host jurisdiction within the same time period. For this Report the ten-year period reviewed is July 1, 2013 - June 30, 2023.

XII. Excess Surplus Test: This section provides the amount of excess surplus in the LMIHAF, if any, and the length of time that the Housing Successor has had excess surplus, and the Housing Successor’s plan for eliminating the excess surplus.

XIII. Inventory of Home Ownership Units: This section provides an inventory of homeownership units assisted by the former Agency or FVHA as Housing Successor that are subject to covenants or restrictions or to an adopted program that protects the former Agency’s investment of moneys from the Low and Moderate Income Fund per Section 33334.3 (f).

XIV. Housing Authority Annual Report: Housing Authority’s activities for FY 2022-2023

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FOUNTAIN VALLEY HOUSING AUTHORITY AND HOUSING SUCCESSOR ANNUAL REPORT 3 pursuant to HSC Section 34328.

In addition, this report and the former redevelopment agency’s pre-dissolution Implementation Plans are to be made available to the public on the City’s website www.fountainvalley.org.

I. AMOUNT RECEIVED PURSUANT TO SECTION 34191.4(b)(3)(A):

No funds were received pursuant to Section 34191.4(b)(3)(A).

II. AMOUNT DEPOSITED INTO LMIHAF
A total of $612,466 was deposited into the LMIHAF during the Fiscal Year as shown in Table 1 below. Of the total funds deposited into the LMIHAF, $0 were held for items listed on the ROPS. The deposits are allocated as follows:

SOURCE AMOUNT
1st Time Homebuyer Monthly Loan Repayment (Principal) $28,474 1st Time Homebuyer Monthly Loan Repayment (Interest) $23,929 1st Time Homebuyer Monthly Loan (Equity Share On Payoff) $0 Housing Rehab Monthly Loan Repayment (Principal) $1,137 Housing Rehab Monthly Loan Repayment (Interest) $400
Jasmine Project Loan Repayment (Principal) $392,163
Jasmine Project Loan Repayment (Interest) $71,320
Misc. Received Interest $95,043
Misc. Fees $0
Recognized Obligation Payment Schedule (ROPS) - Completed $0 Total LMIHAF Deposits $612,466
Table 1
III. ENDING BALANCE OF LMIHAF
At the close of the Fiscal Year, the ending available cash balance in the LMIHAF was $5,680,729. The balance is the cash balance minus the balance in accounts payable and the loan payable to the General Fund. Please see section XIV. for additional information regarding the loan from the General Fund.

IV. DESCRIPTION OF EXPENDITURES FROM LMIHAF
Table 2 below shows a description of expenditures from the LMIHAF by category:

SUBJECT AMOUNT
Monitoring & Administration $ 144,710
Homeless Prevention & Rapid Rehousing Services Expenditures $ 0 Housing Development Expenditures for pre-development expenses. $ 22,308 Total Expenditures $ 167,018
Table 2
The Housing Successor is permitted to spend the greater of $254,500, or five percent of the

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FOUNTAIN VALLEY HOUSING AUTHORITY AND HOUSING SUCCESSOR ANNUAL REPORT 4 value of the Housing Assets Portfolio (as defined and calculated in Section V), on Monitoring and Administration. Five percent of the value of the Housing Assets Portfolio is $612,539.

With a total of $144,710 expended for monitoring and preserving affordability covenants and administrative costs during the Fiscal Year, the Successor Agency has complied with the maximum administrative costs expenditure requirement.

Housing Development Expenditures for pre-development expenses consist of staff costs related to the 50-unit affordable housing project the Housing Successor developed with The Related Companies CA (TRCC) under the Affordable Housing Agreement (AHA) approved in FY 2018-19. Development costs continue to accrue as the project comes to a completion and the developer transitions to their permanent financing and the final TCAC audit is complete projected to be done in 2024.

V. STATUTORY VALUE OF ASSETS OWNED BY HOUSING SUCCESSOR IN LMIHAF Under the Dissolution Law and for purposes of this Report, the “statutory value of real property” means the value of properties formerly held by the former redevelopment agency as listed on the housing asset transfer schedule approved by the Department of Finance as listed in such schedule under Section 34176(a) (2), the value of the properties transferred to the Housing Successor pursuant to Section 34181(f), and the purchase price of property (ies) purchased by the Housing Successor. Further, the value of loans and grants receivable is included in these reported assets held in the LMIHAF.

The Housing Successor does not own any real property. Table 3 below shows the statutory value of loans owned by the Housing Successor.

Asset Category - Loans Statutory
Value
1st Time Home Buyer Loans (5 Loans) $ 468,860
Home Improvement Loans (9 Loans) $ 202,748
Development Loan ( Jasmine) $ 3,173,840
Acquisition & Development Loans (TRCC) $ 8,200,000
Accrued Interest Receivable * (TRCC Development Loan) $ 205,208 Total Statutory Value of Loans Held by Housing Successor $12,250,656 Table 3 *Interest is accruing on loan from agreement date however; payment is not required until TCAC audit is completed which is anticipated by early 2024.

VI. DESCRIPTION OF TRANSFERS
The Housing Successor did not make any LMIHAF transfers to other Housing Successor(s) under Section 34176.1(c) (2) during the Fiscal Year.

VII. PROJECT DESCRIPTIONS
The Housing Successor does not receive or hold property tax revenue pursuant to the ROPS.

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FOUNTAIN VALLEY HOUSING AUTHORITY AND HOUSING SUCCESSOR ANNUAL REPORT 5 VIII. STATUS OF COMPLIANCE WITH SECTION 33334.16
This section describes any project for which the Housing Successor receives or holds property tax revenue pursuant to the ROPS and the status of that project. The following provides a status update on the project(s) for property or properties that were acquired prior to February 1, 2012 and compliance with the five-year period:
 The Housing Successor does not own any properties acquired prior to February 1, 2012.

The following provides a status update on the project(s) for property or properties that have been acquired by the Housing Successor using LMIHAF on or after February 1, 2012:
 The Housing Successor does not own any properties acquired on or after February 1, 2012.

IX. DESCRIPTION OF OUTSTANDING OBLIGATIONS PURSUANT TO SECTION 33413 Replacement Housing:

According to the FY2010/11-FY2014/15 Implementation Plan for the former redevelopment agency, no Section 33413(a) replacement housing obligations were transferred to the Housing Successor.

Inclusionary/Production Housing:

According to the FY2010/11-FY2014/15 Implementation Plan for the former redevelopment agency, no Section 33413(b) inclusionary/production housing obligations were transferred to the Housing Successor.

The former redevelopment agency’s Implementation Plans are posted on the City’s website at www.fountainvalley.org
X. INCOME TEST
This section provides the information required by Section 34176.1(a)(3)(A) or a description of expenditures by income restriction in five-year reporting increments and whether the statutory thresholds have been met. The first five-year period was January 1, 2014 to June 30, 2019. The second five-year reporting period is July 1, 2019 to June 30, 2024 and does not need reported until 2024.

Section 34176.1(a)(3)(B) requires that for each reporting period the Housing Successor must ensure that at least 30% of the LMIHAF be expended for development of rental housing affordable to, and occupied by, households earning 30% or less of the AMI (Extremely-Low).

No more than 20% of the LMIHAF may be expended for the development of housing affordable to, and occupied by, households earning 60% to 80% of the AMI (Low), during each reporting period.

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FOUNTAIN VALLEY HOUSING AUTHORITY AND HOUSING SUCCESSOR ANNUAL REPORT 6 If the Housing Successor fails to comply with the Extremely Low Income requirement in any five-year report, then they shall ensure that at least 50% of the remaining LMIHAF funds expended in each fiscal year following the latest fiscal year following the five-year report, be expended for the development of rental housing for Extremely Low Income households until they are in compliance in an annual report.

During the 2014-2019 reporting period, the Housing Successor expended 27% from the LMIHAF on Extremely Low Income households and 7% on Low Income households.

Because the expenditures for Extremely Low-Income households fell below the 30% threshold, the Housing Successor must ensure that at least 50% of the remaining LMIHAF funds expended in each fiscal year are used for the development of rental housing for Extremely Low Income households, until the housing successor demonstrates compliance in an annual report. The second five-year test period is July 1, 2019 to June 30, 2024 and expenditures do not need reported until the end of 2024. The Housing Successor has not spent any funds on rental housing in the second test period.

XI. SENIOR HOUSING TEST
The Housing Successor is to calculate the percentage of units of deed-restricted rental housing restricted to seniors and assisted by the Housing Successor, the former redevelopment agency, and/or the City within the previous 10 years in relation to the aggregate number of units of deed-restricted rental housing assisted by the Housing Successor, the former redevelopment agency and/or City within the same time period.

If this percentage exceeds 50%, then the Housing Successor cannot expend future funds in the LMIHAF to assist additional senior housing units until the Housing Successor or City assists and construction has commenced on a number of restricted rental units that is equal to 50% of the total amount of deed-restricted rental units.

Table 4 below provides the Housing Successor’s Senior Housing Test for the 10-year period of 7/1/2013-6/30/2023. The Housing Successor currently has no restriction on senior housing expenditures.

Senior Housing Test 10 Year Test – July 1, 2013 - June 30, 2023 # of Assisted Senior Rental Units 0
# of Total Assisted Rental Units 50 (TRCC – Prado in FY 20-21) Senior Housing Percentage 0%
Table 4
XII. EXCESS SURPLUS TEST

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FOUNTAIN VALLEY HOUSING AUTHORITY AND HOUSING SUCCESSOR ANNUAL REPORT 7 Excess Surplus is defined in Section 34176.1(d) as an unencumbered amount in the account that exceeds the greater of one million dollars ($1,000,000) or the aggregate amount deposited into the account during the Housing Successor’s preceding four Fiscal Years, whichever is greater.

The following provides the Excess Surplus test for the preceding four Fiscal Years:

Excess Surplus Calculation
Greater of:
 Base Amount of $1,000,000
 Or Four Years of Deposits
FY 19/20 $ 839,720
FY 20/21 $ 733,226
FY 21/22 $ 783,915
FY 22/23 $ 612,466
Total of Deposits $2,969,327
Greater amount is: $2,969,327
Table 5
As Table 5 reflects, $2,969,327 was deposited into the LMIHAF account in the four previous fiscal years. Section III shows that the year-end cash balance in the LMIHAF account is $5,680,729. However, as noted in the FY 2021-2022 report, the Housing Successor will eliminate the excess surplus by partnering with the adjacent jurisdictions of Garden Grove and Westminster, and the County of Orange, to develop and operate the Central Cities Navigation Center (CCNC) to provide shelter and services to persons experiencing homelessness in the participating cities. During Fiscal Year 2022-23, an agreement between the jurisdictions was executed that will encumber an estimated $2.85 million for the continued development and operating costs of the CCNC over the ten–year period estimating an annual 2% escalation per year. After encumbering this projected amount, the cash balance of the LMIHAF is $2,830,729 and the account will no longer have excess surplus for this fiscal year. The Successor Agency will also continue to spend funds annually on monitoring, preserving and managing the existing affordability covenants and loan portfolio.

XIII. INVENTORY OF HOME OWNERSHIP UNITS
This section provides an inventory of homeownership units assisted by the former Agency or FVHA as Housing Successor that are subject to covenants or restrictions or to an adopted program that protects the former Agency’s investment of moneys from the Low and Moderate Income Fund per Section 33334.3 (f).
(A) As of June 30, 2022, the total number of homeownership units currently assisted by the former Agency that are subject to covenant or restrictions is 59 units.

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FOUNTAIN VALLEY HOUSING AUTHORITY AND HOUSING SUCCESSOR ANNUAL REPORT 8 i. This includes 54 Low and Moderate-Income Senior condos located at Liberty at Founder’s Village and five First-Time Home Buyer Loans on properties throughout the city.
(B) During the reporting year, 0 units were lost from the portfolio. (C) A total of $0 was returned to the Housing Successor as a part of an adopted program that protects the former redevelopment agency’s investment of moneys from the LMIHAF fund.
(D) The FVHA/Housing Successor has existing consulting agreements with AmeriNat Loan Services relating to certain, but not all, aspects of administration of the former Agency’s Single Family Rehabilitation and First Time Homebuyer Program. These consulting services include oversight and assistance with amortized loan payments, tracking and calculation of loan balances in the event of payoff, and other administrative activities related to outstanding loans.

In addition, FVHA utilizes Celeste Brady of Stradling, Yocca, Carlson and Rauth as Special Legal Counsel to assist staff with legal issues and Kathe Head of Keyser Marston Associates for the provision of financial analysis for existing projects as well potential future projects.

XIII. Fountain Valley Housing Authority’s Activities subject to HSC 34328 Development, Rehabilitation or Finance of Housing Projects The Housing Authority became the Successor Housing Agency on February 1, 2012. Since the passage of SB341, the allowable use of former redevelopment funds are generally restricted to administration of previously held assets, the production of rental units for low income persons, and a limited amount that may be used to provide services for persons experiencing homelessness.

In 2022, the City entered into a Memorandum of Understanding (MOU) with the cities of Westminster and Garden Grove, and the County of Orange, for site acquisition, development, and operation of the Central Cities Navigation Center (CCNC) to address homelessness and implement the County’s Continuum of Care in the partner cities for a minimum of ten years. The CCNC will provide emergency housing and wrap around services to individuals experiencing homelessness.

Each City’s share represents a portion of the city program costs that is estimated to be equal to each City’s anticipated use of the aggregate guest capacity of the center, along with the associated costs of managing and operating the CCNC over the minimum ten-year period.

It is the intent of the City to fund the acquisition, development, and operation costs

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FOUNTAIN VALLEY HOUSING AUTHORITY AND HOUSING SUCCESSOR ANNUAL REPORT 9 from the LMIHAF. Under HSC 34176.1(c)(2), “Two or more housing successors within a county, …,within 15 miles of each other, or that are in contiguous jurisdictions, may enter into an agreement to transfer funds among their respective Low and Moderate IncomeHousing Asset Funds” for certain authorized purposes, which may include a navigation center, regional homeless center, and other purposes authorized in that statute. In any fiscal year, a housing successor may fund from the LMIHAF up to (i) $1 million for transfer to a receiving housing.

A housing successor that intends to transfer and/or receive LMIHAF funds under HSC Section 34176.1(c)(2) must meet seven specific conditions. The City of Fountain Valley met all seven conditions. Both partner cities met six out of seven conditions. The unmet condition for both cities was to have an approved Housing Element. Both jurisdictions had submitted their Housing Elements to the state and they were under review.

Obtaining approval of a Housing Element can be a lengthy process without a guaranteed approval date. In order to move the development of the CCNC forward in a timely manner, the City entered into a Cooperation Agreement with the Housing Authority to make a temporary loan from the General Fund to the Housing Authority to pay the initial site acquisition costs of the CCNC pending the partner cities obtaining Housing Element approval. When they receive approval, all conditions of HSC 34176.1(c)(2) will be met, and the loan will be repaid to the City from the LMIHAF funds and reflected as a transfer to a neighboring housing successor in the appropriate reporting year. The initial obligation of Nine Hundred, Thirty-Five Thousand, Eight Hundred and Ten Dollars ($935,810) is for Fountain Valley’s portion the CCNC site acquisition.

The Housing Authority also used funds for administrative functions that included monitoring affordable housing covenants, managing the housing loan portfolio, and project related costs associated with the Affordable Housing Agreement with The Related Companies California executed in FY 2018-19, for the development of the 50-unit affordable housing project, Prado Family Homes.

The project was fully leased and occupied in June 2022 and permanent financing was in place at the end of December 2022 however, development costs will continue until the final TCAC audit is completed which is anticipated by 2024.

Terminations of Tenancies
The Housing Authority does not own or operate any rental properties; therefore has not terminated any tenancies.

Bonds
The Housing Authority did not issue any bonds in FY 2022-23. The Housing

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FOUNTAIN VALLEY HOUSING AUTHORITY AND HOUSING SUCCESSOR ANNUAL REPORT 10 Authority does not currently have any bonds.

Section 8
In 2011, the Housing Authority passed a resolution to authorize the Orange County Housing Authority to continue to provide Section 8 Leased Housing in its Areas of Operation within the City of Fountain Valley.

Loans
No loans were made in FY 2022-23.

Land
The Housing Authority does not own any land.

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CITY OF FOUNTAIN VALLEY

CITY COUNCIL

COUNCIL ACTION REQUEST
To: Honorable Mayor and Agenda Date: November 21, 2023
Members of the City Council
SUBJECT: Amend the FY 2022-23 Seven-Year Transportation Capital Improvement Program (CIP) List to Include the Arterial Roadway Rehabilitation Project along Warner Avenue & Ellis Avenue (from Brookhurst Street to Bushard Street) and Fountain Valley School Street Signage Project.

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:

Staff is recommending that the City Council approve an amendment to the FY 2022-23 SevenYear Transportation Capital Improvement Program CIP list to include the Arterial Roadway Rehabilitation Project along Warner Avenue & Ellis Avenue (from Brookhurst Street to Bushard Street) and Fountain Valley School Street Signage Project. This amendment is necessary to include the above-mentioned projects, as they were not included in the FY 2022-23 list of CIP projects because City staff identified the need for these projects after this list was approved.

OCTA has recommended the projects be included via amendment as part of the FY 2022-23 Seven-Year CIP list for Measure M eligibility compliance.

The City is not committed to fund the projects listed above; however, for projects to be eligible to receive Measure M M2 funding, the City needs to place the projects on the adopted SevenYear CIP list.

DISCUSSION:

Each year, Orange County cities are required to submit various items to the Orange County Transportation Authority (OCTA) to establish and maintain eligibility to receive M2 funds. On

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Amendment to Measure M (M2) FY 2022-2023 Seven-Year CIP List November 21, 2023

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June 7, 2022, City Council adopted a Seven-Year Transportation CIP list for the Annual M2 Eligibility Program Submittal for Fiscal Years 2022-23 through 2028-29.

The City Council approved Seven-Year CIP list is consistent with the City’s Ten-Year CIP and includes all foreseeable transportation improvement projects, which will involve Measure M funding for Fiscal Years 2022-23 through 2028-29. Projects included as part of the City’s FY 2022-23 City Council approved submittal includes the following:
 City-Wide Signal Timing Maintenance
 Citywide Arterial Roadway Rehabilitation Projects
 Citywide Signal Re-Timing
 Citywide Traffic Signal Communication & Fiber Optic Maintenance  Edinger Ave Pavement Rehabilitation (Engineering Design) – Newhope to Harbor  Edinger Ave Traffic Signal Synchronization
 Euclid Signal Synchronization (City of La Habra lead agency)  Euclid/Condor & Talbert/Bushard Signal Modifications
 Harbor Signal Synchronization (OCTA Lead)
 Heil – Euclid to Harbor and Ward from Edinger to North City Limits  Magnolia – Edinger to Heil (Westminster Lead)
 Magnolia Traffic Signal Synchronization Program (TSSP) Project  Newland – Slater to Talbert (Huntington Beach Lead)
 Protected Permissive Traffic (PPLT) Signal Improvements at Eight (8) Traffic Signals  Slater Street TSSP
 Talbert Ave TSSP
 Traffic Signal System Equipment Improvements Citywide  Warner Ave TSSP
The City is not committed to fund the projects listed above; however, for projects to be eligible to receive M2 funding, the City needs to place the projects on the adopted Seven-Year CIP list.

This amendment is necessary to include the following projects, as they were not included in the FY 2022-23 list of CIP projects because the need for these projects was identified after this list was approved. OCTA has recommended the projects be included via amendment as part of the FY 2022-23 Seven-Year CIP list for Measure M eligibility compliance:
 Arterial Roadway Rehabilitation Project along Warner Avenue & Ellis Avenue (from Brookhurst Street to Bushard Street)
 Fountain Valley School Street Signage Project
FISCAL REVIEW:

The adoption of the amended Seven-Year CIP has no direct fiscal impact. It does not commit the City to fund the listed projects, but will help maintain the City’s eligibility for receipt of Measure M2 funds.

PUBLIC NOTIFICATION:

Not applicable.

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Amendment to Measure M (M2) FY 2022-2023 Seven-Year CIP List November 21, 2023

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ENVIRONMENTAL IMPACT REVIEW:

Not applicable.

ATTORNEY REVIEW:

The Attorney for the City has reviewed and approved the amendment to the Seven-Year CIP list.

ALTERNATIVES:

Alternative No. 1: Amend the FY 2022-23 Seven-Year Transportation CIP list to include the Arterial Roadway Rehabilitation Project along Warner Avenue & Ellis Avenue (from Brookhurst Street to Bushard Street) and the Fountain Valley School Street Signage Project.

Alternative No. 2: Do not amend the FY 2022-2023 Seven-Year Transportation CIP list to include the Arterial Roadway Rehabilitation Project along Warner Avenue & Ellis Avenue (from Brookhurst Street to Bushard Street) and the Fountain Valley School Street Signage Project.

This is not the recommended action, as it would result in the City falling out of compliance for Measure M Eligibility funds.

RECOMMENDATION:

Staff recommends that the City Council amend the FY 2022-23 Seven-Year Transportation CIP list to include the Arterial Roadway Rehabilitation Project along Warner Avenue & Ellis Avenue (from Brookhurst Street to Bushard Street) and Fountain Valley School Street Signage Project.

Prepared by: Terri Phan, Management Aide
Reviewed by: Temo Galvez, P.E., Deputy Public Works Director / City Engineer Approved by: Scott Smith, P.E., Director of Public Works Fiscal review by: Ryan Smith, Finance Director / City Treasurer Approved by: Maggie Le, City Manager

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CITY OF FOUNTAIN VALLEY

CITY COUNCIL

COUNCIL ACTION REQUEST
TO: Honorable Mayor and Agenda Date: November 21, 2023
Members of the City Council
SUBJECT: Approve a CPI Increase for Republic (dba Rainbow) Trash Collection Rates for Residential and Commercial Service
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:

Staff is recommending that the City Council approve the Consumer Price Index (CPI) trash rate increase for 2024 by 6.92% for residential and commercial customers. This equates to 2024 rates of $29.20 for Fountain Valley non-senior residents and $25.60 for Fountain Valley senior citizens (senior rates are for residents 62 years and older).

On January 17, 2023, City Council adopted Resolution 9861 to establish the new residential trash rates effective January 18, 2023 through January 1, 2027. City Council adoption of the Resolution authorizes the annual adjustments to trash service rates based on the change in CPI increase, published by the U.S. Department of Labor. Pursuant to Republic’s agreement with the City, the City Council reviews each yearly CPI increase.

DISCUSSION:

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

Pursuant to the Franchise Agreement, Rainbow is entitled to request a CPI adjustment for residential, commercial, and industrial customers. City Staff and Rainbow met and conferred in good faith with respect to Rainbow’s pending request for a CPI adjustment

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Approval of CPI Increase for Rainbow Trash Collection Rates November 21, 2023

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for the period of January 1, 2024 through December 31, 2024. As a result of those discussions, and in accordance with Sections 6, 7 and 9 of the Franchise Agreement, City staff agrees that the CPI adjustment of 6.92% is appropriate and should take effect on January 1, 2024.

FINANCIAL ANALYSIS
Calendar Year 2024 Proposed Standard Residential Monthly Rates which Includes a

6.92% CPI Increase
City of Fountain Valley Residential Rates Effective January 1, 2024. 2023 CPI 2024 Increase
Resident
Trash $22.45 6.92% $24.00 $1.55
MRF $3.61 6.92% $3.86 $0.25
Admin Fee – City Billed $1.34 0.00% $1.34 $0.00
Total $27.40 $29.20 $1.80
Senior *
Trash $19.08 6.92% $20.40 $1.32
MRF $3.61 6.92% $3.86 $0.25
Admin Fee – City Billed $1.34 0.00% $1.34 $0.00
Total $24.03 $25.60 $1.57
*Senior rates are for residents 62 years and older.

City Council Approval and Adoption of Resolution 9861
Effective Date Proposed 5-Year Residential Trash Collection Rates (per dwelling unit per month)
January 18, 2023 $27.40
January 1, 2024 $27.40 plus/minus 2023 CPI for Garbage and Trash January 1, 2025 2024 rate plus/minus 2024 CPI for Garbage and Trash January 1, 2026 2025 rate plus/minus 2025 CPI for Garbage and Trash January 1, 2027 2026 rate plus/minus 2026 CPI for Garbage and Trash

ATTORNEY REVIEW
The Attorney for the City reviewed and approved the Resolution 9861, which was adopted by City Council on January 17, 2023, and the procedure as it pertains to Proposition 218 requirements.

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Approval of CPI Increase for Rainbow Trash Collection Rates November 21, 2023

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PUBLIC NOTIFICATION
On January 17, 2023, the proposed 5-Year residential trash collection rates was noticed as a public protest hearing, in accordance with rules and regulations regarding the noticing of public hearings and agendized items and topics for discussion and/or action.

In addition, notices were mailed to all residential trash customers a minimum of 45 days prior to January 17, 2023 public protest hearing in accordance with Proposition 218.

ALTERNATIVES
Alternative 1: Approve a CPI Increase for Republic (dba Rainbow) Trash Collection Rates for Residential and Commercial Service (this is the recommended action).

Alternative 2: Do not approve a CPI Increase for Republic (dba Rainbow) Trash Collection Rates for Residential and Commercial Service (this is not the recommended action because Rainbow’s agreement with the City allows CPI increases, a Proposition 218 hearing last year authorized CPI increases, and data shows inflationary increases of

6.92% for garbage collection).

RECOMMENDATION:

Approve a CPI Increase for Republic (dba Rainbow) Trash Collection Rates for Residential and Commercial Service.

Co-Prepared By: Terri Phan, Management Aide & Soumelia Gountoumas, Environmental Services Administrator
Reviewed By: Colin Burns, City Attorney
Approved By: Scott Smith, Director of Public Works
Approved By: Ryan Smith, Finance Director / City Treasurer Approved By: Maggie Le, City Manager
Attachment 1: Republic Services 2024 Solid Waste Certification for Residential Services Attachment 2: Republic Services 2024 Solid Waste Certification for Commercial Services Attachment 3: Resolution 9861

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CITY OF FOUNTAIN VALLEY

CITY COUNCIL

COUNCIL ACTION REQUEST
To: Honorable Mayor and Agenda Date: November 21, 2023
Members of the City Council
SUBJECT: Approval of a Resolution of the Fountain Valley City Council adopting the Measure M2 Expenditure Report for the Fiscal Year 2022-23
EXECUTIVE SUMMARY:

In November 2006, Orange County voters approved the renewal of Measure M, the half-cent sales tax for transportation improvements measure. With the approval of Measure M2, voters agreed to a continued investment of local tax dollars in Orange County’s transportation for another 30 years.

One of the provisions of Measure M2 requires that all agencies receiving funds under the measure file an annual Expenditure Report that must be approved by Council through a City Resolution. Staff has prepared and attached to this action request the City’s annual report for the fiscal year ended June 30, 2023.

DISCUSSION:

Orange County continues to grow; responding to this continued growth and broad support for investment in Orange County’s transportation system, the Orange County Transportation Authority (OCTA) considered the transportation projects and programs that would be possible if Measure M were renewed. The Authority, together with the 35 cities of Orange County, the Orange County Board of Supervisors and thousands of Orange County citizens worked to get the successful Measure M program renewed. The voters agreed to renew Measure M and the program is now referred to as Measure M2.

As part of the renewed program, strong taxpayer safeguards were put in place to ensure that promises made in the plan are kept. They include an annual independent audit and report to the taxpayers; ongoing monitoring and review of spending by an independent Taxpayer Oversight Committee; requirement for full public review and update of the Plan every ten years; voter approval for any major changes to the Plan; strong penalties for any misuse of funds and a strict limit of no more than one percent for administrative expenses.

In order to remain in compliance with these new reporting requirements agencies are required to prepare and adopt by Council Resolution an annual Expenditure Report.

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Approval of a Resolution Adopting the 2022-23 Measure M2 Expenditure Report November 21, 2023

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Below is a summary of M2 revenues and expenditures for Fiscal Year 2022-23:

Description Revenues* Expenditures
M2 2023 Allocation $1,502,715.00 $2,012,352.25
Senior Mobility Program $ 120,345.74 $ 48,326.48
M2 Project W $ 34,600.00 $ 34,600.00
TOTAL $1,657,660.74 $2,095,278.73
*Includes interest earnings
Measure M2 funds were used during the Fiscal Year 2022-23 on the following projects:

The Senior Mobility Program provides “HOP ON!” services to Fountain Valley seniors with local transportation for shopping, non-emergency appointments and errands provided by California Yellow Cab and sponsored by MemorialCare Orange Coast Medical Center (MCOCMC). During Fiscal Year 2022-23 this program covered 80% of the cost of the program with the balance of the cost paid through a nominal trip charge and a MCOCMC contribution grant.

FINANCIAL ANALYSIS:

There is no direct cost to the City of Fountain Valley associated with the approval of the Resolution and the annual Measure M2 Expenditure Report. However, failure to file the annual report would jeopardize future Measure M2 funding.

Project # Project Description
2422125002 (8) Traffic Signal Modification Improvements 2422219101 Bus Shelter At Harbor
2422221006 Heil-Euclid/Harbor & Ward Pavement Rehabilitation 2422225005 Euclid/Condor & Talbert/Bushard Traffic Signal Modifications 2422225103 Magnolia Traffic Sigal Synchronization
2422225107 Talbert Traffic Sigal Synchronization
2422225108 Warner Traffic Sigal Synchronization
2422225109 Edinger Traffic Sigal Synchronization
2422321005 NEWLAND - SLATER TO TALBERT (HB)
2422321008 Warner – Brookhurst to Bushard Pavement Rehabilitation 2422321009 Ellis – Brookhurst to Bushard Pavement Rehabilitation 2422325101 Citywide Signal Coordination/Timing Maintenance 2422325102 Citywide Signal Communication Maintenance
2422327001 Fountain Valley School Street Signage Project

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Approval of a Resolution Adopting the 2022-23 Measure M2 Expenditure Report November 21, 2023

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ATTORNEY REVIEW:

The Attorney for the City has reviewed the Resolution.

ALTERNATIVES:

Alternative No. 1: Approve the Resolution and Measure M2 Expenditure Report.

Alternative No. 2: There are no viable alternatives.

RECOMMENDATION:

Staff recommends approval of the Resolution and filing of the annual Measure M2 Expenditure Report to OCTA.

Prepared by: Ryan Smith, Director of Finance/Treasurer
Approved by: Maggie Le, City Manager
Attachment 1: Resolution
Attachment 2: Measure M2 Expenditure Report

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RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOUNTAIN VALLEY CONCERNING THE MEASURE M2 (M2) EXPENDITURE

REPORT FOR THE CITY OF FOUNTAIN FALLEY
WHEREAS, local jurisdictions are required to meet eligibility requirements and submit eligibility verification packages to the Orange County Transportation Authority (OCTA) in order to remain eligible to receive M2 funds; and WHEREAS, local jurisdictions are required to adopt an annual M2 Expenditure Report as part of one of the eligibility requirements; and WHEREAS, local jurisdictions are required to account for Net Revenues, developer/traffic impact fees, and funds expended by local jurisdiction in the M2 Expenditure Report that satisfy the Maintenance of Effort requirements; and WHEREAS, the M2 Expenditure Report shall include all Net Revenue fund balances, interest earned and expenditures identified by type and program or project; and WHEREAS, the M2 Expenditure Report must be adopted and submitted to the OCTA each year within six months of the end of the local jurisdiction’s fiscal year to be eligible to receive Net Revenues as part of M2.

NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Fountain Valley does hereby inform OCTA that:
a) The M2 Expenditure Report is in conformance with the template provided in the Measure M2 Eligibility Guidelines and accounts for Net Revenues including interest earned, expenditures during the fiscal year, and balances at the end of fiscal year.
b) The M2 Expenditure Report is hereby adopted by the City of Fountain Valley. c) The City of Fountain Valley Finance Director is hereby authorized to sign and submit the M2 Expenditure Report to OCTA for the fiscal year ending June 30, 2023.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Fountain Valley at a regular meeting this 21st day of November 2023. ________________________________
Kim Constantine, Mayor

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ATTEST:
_______________________________
Rick Miller, City Clerk
APPROVED AS TO FORM:

Harper & Burns LLP
_______________________________
Attorneys for the City

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City of Fountain Valley
M2 Expenditure Report
Fiscal Year Ended June 30, 2023
Beginning and Ending Balances
Schedule 1
Line
No.

Amount Interest
A-M Freeway Projects 1 $ - $ -
O Regional Capacity Program (RCP) 2 $ - $ -
P Regional Traffic Signal Synchronization Program (RTSSP) 3 $ - $ - Q Local Fair Share 4 $ 2,901,457.60 $ 24,360
R High Frequency Metrolink Service 5 $ - $ -
S Transit Extensions to Metrolink 6 $ - $ -
T Convert Metrolink Station(s) to Regional Gateways that connect Orange County with High-Speed Rail Systems 7 $ - $ - U Senior Mobility Program or Senior Non-Emergency Medical Program
8 $ 188,619.04 $ 1,536
V Community Based Transit/Circulators 9 $ - $ -
W Safe Transit Stops 10 $ - $ -
X Environmental Cleanup Program (Water Quality) 11 $ - $ - Other* 12 $ - $ -
13 $ 3,090,076.64 $ 25,896
Monies Made Available During Fiscal Year 14 $ 1,601,181.88 $ 56,479 15 $ 4,691,258.52 $ 82,375
Expenditures During Fiscal Year 16 $ 2,069,382.47 $ 25,896 A-M Freeway Projects 17 $ - $ -
O Regional Capacity Program (RCP) 18 $ - $ -
P Regional Traffic Signal Synchronization Program (RTSSP) 19 $ - $ - Q Local Fair Share 20 $ 2,363,997.30 $ 52,183
R High Frequency Metrolink Service 21 $ - $ -
S Transit Extensions to Metrolink 22 $ - $ -
T Convert Metrolink Station(s) to Regional Gateways that connect Orange County with High-Speed Rail Systems 23 $ - $ - U Senior Mobility Program or Senior Non-Emergency Medical Program
24 $ 257,878.75 $ 4,296
V Community Based Transit/Circulators 25 $ - $ -
W Safe Transit Stops 26 $ - $ -
X Environmental Cleanup Program (Water Quality) 27 $ - $ - Other* 28 $ - $ -
* Please provide a specific description
Balances at End of Fiscal Year
Balances at Beginning of Fiscal Year
Balances at Beginning of Fiscal Year
Description
Total Monies Available (Sum Lines 13 & 14)

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City of Fountain Valley M2 Expenditure Report
Fiscal Year Ended June 30, 2023
Sources and Uses
Schedule 2
Line
No.

Amount Interest
A-M Freeway Projects 1 $ - $ -
O Regional Capacity Program (RCP) 2 $ - $ -
P Regional Traffic Signal Synchronization Program (RTSSP) 3 $ - $ - Q Local Fair Share 4 $ 1,450,532 $ 52,183
R High Frequency Metrolink Service 5 $ - $ -
S Transit Extensions to Metrolink 6 $ - $ -
T Convert Metrolink Station(s) to Regional Gateways that connect Orange County with High-Speed Rail Systems 7 $ - $ -
U Senior Mobility Program or Senior Non-Emergency Medical Program 8 $ 116,050 $ 4,296 V Community Based Transit/Circulators 9 $ - $ -
W Safe Transit Stops 10 $ 34,600 $ -
X Environmental Cleanup Program (Water Quality) 11 $ - $ - Other* 12 $ - $ -
13 $ 1,601,182 $ 56,479
A-M Freeway Projects 14 $ - $ -
O Regional Capacity Program (RCP) 15 $ - $ -
P Regional Traffic Signal Synchronization Program (RTSSP) 16 $ - $ - Q Local Fair Share 17 $ 1,987,992 $ 24,360
R High Frequency Metrolink Service 18 $ - $ -
S Transit Extensions to Metrolink 19 $ - $ -
T Convert Metrolink Station(s) to Regional Gateways that connect Orange County with High-Speed Rail Systems 20 $ - $ -
U Senior Mobility Program or Senior Non-Emergency Medical Program 21 $ 46,790 $ 1,536 V Community Based Transit/Circulators 22 $ - $ -
W Safe Transit Stops 23 $ 34,600 $ -
X Environmental Cleanup Program (Water Quality) 24 $ - $ - Other* 25 $ - $ -
26 $ 2,069,382 $ 25,896
27 $ (468,201) $ 30,583
* Please provide a specific description
TOTAL BALANCE (Subtract line 26 from 13)
TOTAL EXPENDITURES (Sum lines 14 to 25)
Description
Revenues:

TOTAL REVENUES (Sum lines 1 to 12)
Expenditures:

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City/County of ________
M2 Expenditure Report
Fiscal Year Ended June 30, 2023
Streets and Roads Detailed Use of Funds
Schedule 3
Line
No. MOE Developer /
Impact Fees+ O O
Interest P P Interest Q QInterest X X Interest
Other
M22
Other
M2
Interest
Other* TOTAL
1 $ 725,618 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 725,618 New Street Construction 2 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - Street Reconstruction 3 $ - $ - $ - $ - $ - $ - $ 1,656,094.00 $ 24,360.00 $ - $ - $ - $ - $ - $ 1,680,454 Signals, Safety Devices, & Street Lights 4 $ - $ - $ - $ - $ - $ - $ 106,667.00 $ - $ - $ - $ - $ - $ - $ 106,667 Pedestrian Ways & Bikepaths 5 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - Storm Drains 6 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - Storm Damage 7 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - 8 $ - $ - $ - $ - $ - $ - $ 1,762,761.00 $ 24,360.00 $ - $ - $ - $ - $ - $ 1,787,121 Right of Way Acquisition 9 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - 10 $ - $ - $ - $ - $ - $ - $ 1,762,761.00 $ 24,360.00 $ - $ - $ - $ - $ - $ 1,787,121 Patching 11 $ 361,669.54 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 361,670 Overlay & Sealing 12 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - Street Lights & Traffic Signals 13 $ 593,927.66 $ - $ - $ - $ - $ - $ 225,232.00 $ - $ - $ - $ - $ - $ - $ 819,160 Storm Damage 14 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - Other Street Purpose Maintenance 15 $ 851,335.09 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 851,335 16 $ 1,806,932.29 $ - $ - $ - $ - $ - $ 225,232.00 $ - $ - $ - $ - $ - $ - $ 2,032,164 17 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 81,390.27 $ 1,536.21 $ - $ 82,926 18 $ 2,532,550 $ - $ - $ - $ - $ - $ 1,987,993 $ 24,360 $ - $ - $ 81,390 $ 1,536 $ - $ 4,627,830 19 1 Includes direct charges for staff time Legend
2 Other M2 includes A-M, R,S,T,U,V, and W Project
+ Transportation related only A-M
* Please provide a specific description O
P
Q
R
S
T
U
V
W
X
Finance Director Confirmation
Any California State Constitution Article XIX streets and road eligible expenditure may be “counted” in local jurisdictions’ calculation of MOE if the activity is supported (funded) by a local jurisdictions’ discretionary funds (e.g. general fund).

The California State Controller also provides useful information on Article XIX and the Streets and Highways Code eligible expenditures in its “Guidelines Relating to Gas Tax Expenditures for Cities and Counties”. I have reviewed and am aware of these guidelines and their applicability in calculating and reporting on Maintenance of Effort expenditures.

Finance Director initial: _______________
Description
Transit Extensions to Metrolink
Safe Transit Stops
High Frequency Metrolink Service
Environmental Cleanup Program (Water Quality)
Senior Mobility Program or Senior Non-Emergency Medical Program Community Based Transit/Circulators
Convert Metrolink Station(s) to Regional Gateways that connect Orange County with High-Speed Rail Systems
Freeway Projects
Regional Capacity Program (RCP)
Local Fair Share
Regional Traffic Signal Synchronization Program (RTSSP) Other
Total Maintenance1
GRAND TOTALS (Sum Lines 1, 10, 16, 17)
Type of Expenditure
Indirect and/or Overhead
Construction & Right-of-Way
Total Construction1
Total Construction & Right-of-Way
Maintenance

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City of Fountain Valley
M2 Expenditure Report
Fiscal Year Ended June 30, 2023
Local Fair Share Project List
Schedule 4

PROJECT NAME AMOUNT EXPENDED
(8)TRAFFIC SIGNAL MOD IMPROVEMENTS $ 101,021.50
HEIL-EUCLID/HARBOR & WARD $ 1,264,579.00
EUCLID/CONDOR&TALBERT/BUSHARD TS $ 3,145.00
MAGNOLIA TRAFFIC SIGNAL SYNCH $ 33,211.71
TALBERT TRAFFIC SIGNAL SYNCHRONIZAT $ 19,584.31
WARNER TRAFFIC SIGNAL SYNCHRONIZATI $ 25,305.00
EDINGER TRAFFIC SIGNAL SYNCHRONIZAT $ 22,792.35
NEWLAND - SLATER TO TALBERT (HB) $ 297,000.00
WARNER-BROOKHURST TO BUSHARD $ 65,115.00
ELLIS-BROOKHURST TO BUSHARD $ 53,760.00
CTYWIDE SIGNAL COORD TIMING MAINTEN $ 69,000.00
CITYWIDE SIGNAL COMM MAINTENANCE $ 55,338.38
FV SCHOOL STREET SIGNAGE PROJECT $ 2,500.00
$ 2,012,352.25

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City of Fountain Valley
M2 Expenditure Report
Fiscal Year Ended June 30, 2023
Signature Page
Ryan Smith
Date
11 Jurisdictions are encouraged to submit MOE eligible expenditures higher than their MOE benchmark, so that should certain expenses be ruled ineligible during an MOE audit, the local jurisdiction still has sufficient MOE expenditures to demonstrate continued achievement of the MOE benchmark.

I hereby certify that:

All the information attached herein and included in schedules 1 through 4 is true and accurate to the best of my knowledge;
The interest earned on Net Revenues allocated pursuant to the Ordinance shall be expended only for those purposes for which the Net Revenues were allocated;
The City of Fountain Valley is aware of the State Controller’s “Guidelines Relating to Gas Tax Expenditures for Cities and Counties”, which is a guide for determining MOE Expenditures for M2 Eligibility purposes; The City’s Expenditure Report is in compliance with direction provided in the State Controller’s “Guidelines Relating to Gas Tax Expenditures for Cities and Counties;” and The City of Fountain Valley has expended in this fiscal year an amount of local discretionary funds for streets and roads purposes at least equal to or exceeding the FY 2022-23 MOE benchmark dollar amount11.

Director of Finance (Print Name)
Signature
11/1/2023

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CITY OF FOUNTAIN VALLEY

CITY COUNCIL

COUNCIL ACTION REQUEST
To: Honorable Mayor and Agenda Date: November 21, 2023
Members of the City Council
SUBJECT: A Public Hearing regarding the comprehensive update to the City’s General Plan (GPA 23-02) and related Implementation Actions, Environmental Impact Report, Statement of Overriding Considerations, Mitigation, Monitoring and Reporting Program, Zone Changes, and Zoning Code Amendments.

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:

In 2018, the City embarked on an extensive update of its General Plan, outlining a long-term strategy encompassing land use, transportation, housing, open spaces, conservation, and infrastructure and safety. An Environmental Impact Report was crafted to identify potential impacts of the city's build-out and draft mitigation measures to limit any negative externalities.

Additionally, the agenda item incorporates implementation items for the Housing Element of the General Plan. This entails rezoning specific sites for housing development, establishing a new R-5 zoning district, requiring the provision of affordable housing in new developments as part of an inclusionary housing requirement, and removing the Housing Opportunity Overlay.

Background:

The City’s last comprehensive General Plan update took place in 1995 and has largely remained as adopted since then. The Circulation Element was updated in 2008 and the Housing Element was updated periodically (in accordance with state law), with major updates in 2000, 2010, 2014, and 2022.

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General Plan Update Adoption, EIR Certification, Zone Changes and Amendments November 21, 2023

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The update effort began in the Fall of 2018 with the initial kick-off and creation of the General Plan Advisory Committee (GPAC). In 2019, the City focused on community outreach and in 2020 the City awaited the Regional Housing Needs Assessment (RHNA) data from SCAG in order to coordinate with the Housing Element Update and accommodate the City’s RHNA allocation. The process was also slowed by Covid-19 during this time, however the City used this time to conducted numerous GPAC meetings and focused outreach efforts.

During 2020 and 2021, the City also devised a land use plan that could both accommodate the RHNA and achieve fiscal sustainability. After a thorough analysis and public outreach effort, the City arrived at an initial draft land use plan in early 2021 and began conducting technical analyses.

The City spent the balance of 2021 and part of 2022 navigating the certification process for the Housing Element. Near the end of 2021, after securing preliminary approval from HCD regarding the suitability of the City’s sites inventory to accommodate the RHNA, the City finalized its draft land use plan and initiated the environmental analysis, hosting a public scoping meeting and announcing the preparation of an Environmental Impact Report (EIR).

To ensure compliance with state law and retain local land use control, the City completed the HCD certification process and adopted the Housing Element separately in late 2022. Additional attention was spent coordinating with water agencies to crafting water policy that would accommodate the projected buildout in the context of a prolonged drought.

This year has involved completion and public review of the draft General Plan Update, the related Environmental Impact Report (EIR) and the development of ordinances to rezone properties implement the General Plan.

DISCUSSION:

General Plan
The General Plan presents the City’s land use and planning framework through a set of five elements: land use, mobility, housing, open space and conservation, and public facilities and safety.

Together, these elements address all the topics required by state law as well as optional topics considered important by the City and the community. Some topics are addressed entirely within a single element while others are touched on in multiple elements.

The General Plan introduces a greater mix of land uses to reflect new and changing priorities. It encourages sustainability through mixed-use, infill development and greater opportunity and equity. It promotes development in the core area and provides greater diversity of non-residential uses.

Guiding Vision Statement
A vision is an aspirational description of what the community would like to be in the future. It is a summary of the shared goals to be achieved by the Fountain Valley General Plan and sets policy direction. The Guiding Vision guides the goals and policies listed in each element. The Guiding

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General Plan Update Adoption, EIR Certification, Zone Changes and Amendments November 21, 2023

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Vision is based on input from the community, developed through stakeholder meetings, community workshops and GPAC meetings. Through the process of creating a vision as part of preparing the General Plan, community members provided their perceptions of future challenges, opportunities, and possibilities.

Fountain Valley—the best small town in Southern California— is regionally recognized as a premier community where people desire to live, learn, work, and grow. We have worked together as a community to preserve the quality of life, while also capitalizing on the region’s foundational changes in demographics, economics, and technology. Throughout these years of change, we have continually looked for and found guidance in our General Plan.

Land Use Element
The Land Use Element provides for the orderly development of the City and creates a responsibility of acting as responsible stewards of the land. The Land Use Element includes a table which details all of the City’s land use categories and the Land Use Map which provides the approved land use for each property in the City. The updated Element creates new mixeduse and very high density housing land use categories to allow for more flexibility in future development of the City. Based on these land uses, the Element also contains a Buildout Table which identifies capacity and potential growth assumptions for approximately 6,000 new housing units, 8,600 new residents, and 4,500 new jobs over the next 20+ years (through 2045). The approach in creating this Element included:
• Preserving the nature of existing residential neighborhoods and managing the growth of new housing.
• Providing convenient access to shops and services for residents and opportunities for new and established businesses to thrive.
• Maintaining local and regional park space.
• Focusing growth in areas planned or suitable for reuse and intensification: specific plan areas, vacant properties, and underutilized sites that can generate new spaces for activity, a more urban and mixed-use lifestyle, and new business and job opportunities.

Mobility (Circulation) Element
The Mobility Element provides guidance and support to meet the needs of residents, businesses, emergency service providers, and other roadway users. The element also recognizes key objectives for improving air quality, reducing the environmental impacts of vehicular travel, and achieving other community goals such as coordinating with transit providers and increasing pedestrian and multimodal mobility options.

Open Space and Conservation Element
Fountain Valley’s high-quality parks and open spaces are a source of pride for the community.

This Element establishes parks, open spaces, historic resources, cultural resources, and natural resources.

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Public Facilities and Safety Element
The City is committed to providing infrastructure and services, and protecting life, property, and commerce from disruptions and loss associated from human-caused and natural hazards, disasters, and other threats to public health and safety. The Public Facilities and Safety Element identifies potential hazards, provides policies to: increase resilience; promote a healthy noise environment; ensure adequate infrastructure; and emphasizes the importance of quality and accessible health care, education, community services and cultural activities.

Zone Changes
As part of the implementation process of the adopted and certified Housing Element and to ensure consistency with the update Land Use Element, several properties are being considered for rezoning. These include the following:
• 16650 Harbor Boulevard from M1-Manufacturing to R5-Very High Density Residential, • 16800 Magnolia Street (former Boomers site) from C2-General Commercial to MU2-Mixed Use 2
• 11701-11765 Edinger Avenue (Golden Triangle) from C1-HO2 – Local Business with Overlay to R5-Very High Density Residential
• 16101-16225 Harbor Boulevard (Harbor Shopping Center) from C1-Local Business to MU2- Mixed Use 2
• 16300 Euclid Street (Miller Property) from R1-Single-Family Residential to R4-High Density Multiple Dwelling
• 9736 Ellis Avenue (Smith Farms) from R1-Single-Family Residential to GH-Garden Homes • 10100-10150 Warner Avenue (Warner Square) from C1-Local Business to MU1-Mixed Use 1 In addition, with the City’s acquisition of the property located at 17101 Bushard Street, Staff is recommending the rezoning of the property from C-1 (Local Business) to PI (Public Institution).

Staff is further recommending a change in zoning of the existing Fire Station #1 from PI (Public Institutional) to R1 (Single Family Residential).

Not included at this time are rezones required to implement the Housing Element that are associated with Specific Plans. Those amendments to Specific Plans will be brought back before the Planning Commission and City Council in the near future.

Zoning Code Amendments
The most significant changes to the Zoning Code include the creation of the R-5 (Very High Density) residential district and an inclusionary housing ordinance.

In addition, as the Housing Opportunity Overlay district is no longer utilized to meet the City’s RHNA obligations, Staff is recommending that the overlay be removed. There is also clean-up language in R4 zone to clarify that the intended density is 30 units per acre (in one instance it is currently listed as 20 units per acre).

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R-5 Zoning District
The R-5 zoning district is currently anticipated for use on two properties: 16650 Harbor Boulevard and the Golden Triangle, which is located between Lilac Avenue to the north, Mt. Carmel Court to the east, Edinger Avenue to the south and Richardson street to the west. The R-5 zoning standards would match very closely to the R-4 district but would require a minimum of 30 du/ac and allow for a maximum of 40 du/ac. It would also allow up to 65 du/ac if 50% of more of the units are made available to lower income households. The maximum height permitted is 5 stories and 55 feet.

Inclusionary Housing
As part of the effort to certify the Housing Element, the City committed to the adoption of an inclusionary housing ordinance. As proposed, the ordinance would require 15% of units within housing developments of ten or more units to be affordable to lower income residents. Cities in Orange County with inclusionary housing requirements include: Brea, Huntington Beach, Irvine, La Habra, San Clemente, Santa Ana, San Juan Capistrano, Tustin. Cities considering adoption of an inclusionary housing ordinance are Costa Mesa, Fullerton and Newport Beach.

If the developer selects to not construct the affordable units, they would be allowed to pay an inlieu fee. This fee represents the estimated gap between the cost to construct affordable housing and the likely funding from conventional financing and 4% low income housing tax credits. The fee assumes that affordable housing developers would be able to leverage funds from the inclusionary housing in-lieu fee to obtain conventional bank financing and federal tax credits. Staff anticipates that the fee resolution will be provided to the City Council for review by the end of the calendar year.

Outreach
The City made great efforts to ensure that the community was involved and an integral part of this process. The General Plan Advisory Committee was essential to this process and was representative of a wide array of interests. GPAC membership consisted of City Council members, Planning Commissioners, four residents representing certain areas of the City, representatives from the Community Foundation, Measure HH Committee, school districts, business leaders and realtors. A total of ten GPAC meetings were held on all aspects of the General Plan.

Additional outreach was also conducted via: in-person and virtual workshops; physical and virtual tours; property and stakeholder meetings; City Council and Planning Commission briefings, workshops and hearings; public review periods; social media and e-blasts; and updates on the City’s website.

Planning Commission Recommendation
While all five Planning Commissioners were supportive of the General Plan, EIR, Zoning Code Amendments and Zone Changes, the final vote was 3-2 in favor of recommending City Council approval. The dissenting votes from the two commissioners stemmed from their disagreement with a new stipulation in the R-5 zoning district. This stipulation mandates a "daylight plane" — an architectural design requirement for sunlight access — to be adjacent to all residential districts, rather than limiting it to just the R-1 and GH zones.

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Daylight Plane
A Daylight Plane is an angled building height limitation that regulates the massing and design of buildings and defines the building envelope within which all new structures must be contained.

Daylight Planes are intended to provide for light and air, and to limit the impacts of bulk and mass on adjacent properties. The ordinance as presented to the Planning Commission protected any R1 or GH properties adjacent to an R-5 district from potential infringements on their daylight plane.

Per the request of the Planning Commission, the ordinance was amendment to protect the daylight plane of any residential district abutting an R-5 zoned property.

FINANCIAL REVIEW:

There is no fiscal impact related to this item.

PUBLIC NOTIFICATION:

Public hearing notices were mailed to all property owners within 500 feet of properties considered for rezoning. The item was also published in the Fountain Valley View and notices were posted at City Hall, Recreation Center and the Fountain Valley Library.

ENVIRONMENTAL IMPACT REVIEW:

An Environmental Impact Report (EIR) was prepared by PlaceWorks under the direction of the City. It has been prepared, noticed to other agencies and the public, and distributed pursuant to requirements of the California Environmental Quality Act. The Draft EIR is intended to provide information regarding: (1) the potential environmental impacts of the proposed project; (2) ways in which any significant impacts of the project may be mitigated or avoided; and (3) alternatives to the project which could reduce or avoid the significant impacts associated with the project while still achieving the objectives of the project.

For purposes of CEQA, the “project” considered is the update to the General Plan and rezoning of certain properties and not any particular development activity. The appropriate type of EIR prepared for the General Plan Update is known as “Program EIR.” This type of EIR allows for consideration of broad policy alternatives and program-wide mitigation measures, as opposed to a “Project EIR”, which considers individual projects and their impacts in great detail. It is nearly impossible to predict future privately-funded development projects; therefore all subsequent development activity subject to CEQA will require its own environmental review in compliance with CEQA and the CEQA guidelines.

To determine the scope of environmental issues to be addressed in the EIR, a Notice of Preparation (NOP) was issued and circulated for 30 days. All input is reflected in the Final EIR.

Based on the analysis in the Final EIR, the proposed General Plan would result in significant effects related to Air Quality, Greenhouse Gas Emissions, Noise, Population and Housing and Transportation. All other impacts of the Plan are either less than significant without mitigation, or less than significant with mitigation incorporated.

The following impacts were found to be Significant and Unavoidable Impacts:

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Air Quality
• Impact 5.2-1: Buildout of the General Plan Update, and associated emissions, would exceed the assumptions of the South Coast Air Quality Management District’s Air Quality Management Plan.
• Impact 5.2-2: Construction activities associated with future development that would be accommodated under the General Plan Update could generate short-term emissions in exceedance of the South Cost AQMD’s threshold criteria. • Impact 5.2-3: Implementation of the proposed project would generate additional, long-term emissions in exceedance of South Coast AQMD’s threshold criteria and cumulatively contribute to the South Coast Air Basin’s nonattainment designations.

Greenhouse Gas Emissions
• Impact 5.5-1: Implementation of the General Plan Update would not result in a substantial increase in emissions but would not place the city on a trajectory to achieve the goals established under Executive Order S-03-05 or progress toward the State’s carbon neutrality goal.

Noise
• Impact 5.9-1: Construction activities associated with the buildout of the plan area would result in temporary noise increases at sensitive receptors.

Population and Housing
• Impact 5.10-1: The proposed project would directly induce substantial unplanned population growth.

Transportation
• Impact 5.12-2: The proposed project would conflict or be inconsistent with CEQA Guidelines § 15064.3, subdivision (b).

The following were found to be Significant Irreversible Changes Due to the Proposed Project:
• Implementation of the proposed project would include construction that would entail the commitment of nonrenewable and/or slowly renewable energy resources; human resources; and natural resources such as lumber and other forest products, sand and gravel, asphalt, steel, copper, lead, other metals, water, and fossil fuels. Operation of the proposed project would require the use of natural gas and electricity, petroleum-based fuels, fossil fuels, and water. The commitment of resources required for the construction and operation of the proposed project would limit the availability of such resources for future generations or for other uses during the life of the project. • An increase in vehicle trips would accompany project-related population growth. Over the long-term, emissions associated with such vehicle trips would continue to contribute to the South Coast Air Basin’s nonattainment designation for ozone (O3) and particulate matter

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(PM2.5 and PM10) under the California and National Ambient Air Quality Standards (AAQS), and nonattainment for nitrogen dioxide (NO2) under the California AAQS.

Final Environmental Impact Report
The FEIR reflects “independent judgment” of decision-making body, includes the following components, and must be “certified” before the General Plan is approved:
• Responses to comments received on the DEIR
• Revisions to the Draft EIR if needed
• Mitigation Monitoring & Reporting Program
• Includes the DEIR
The City received comment letters on the Draft EIR from the following agencies and organizations, with responses to comments documented in the FEIR::
• Orange County Transportation Authority (OCTA)
• Sakioka Company
ATTORNEY REVIEW:

The Attorneys for the City reviewed this staff report.

ALTERNATIVES:

Alternative No. 1: Adopt the following:
• Resolution No. __-__ adopting the General Plan Update, Final EIR, Mitigation Monitoring and Reporting Program, CEQA Finding of Fact, and Statement of Overriding Consideration a Notice of Exemption in accordance with the California Environmental Quality Act
• Introduce Ordinance No. __-__ adopting Code Amendment No. 23-04 related to the creation of the R-5 Zoning District and inclusionary housing requirement, and removal of the Inclusionary Housing Overlay
• Introduce Ordinance No. __-__ adopting Code Amendment adopting an Ordinance to Amend the Zoning Map
Alternative No. 2: Do not approve the General Plan Update, EIR and supporting documents, and ordinances.

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

RECOMMENDATION:

Staff is requesting that the City Council approval of Alternative No. 1

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General Plan Update Adoption, EIR Certification, Zone Changes and Amendments November 21, 2023

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Prepared by: Omar Dadabhoy, Deputy City Manger/Community Development Director
Approved by: Maggie Le, City Manager
Attachments:

1. Resolution No __-__, including the following exhibits: Draft General Plan 2045, Final Program Environmental Impact
Report, including the Mitigation Monitoring and Reporting Program, CEQA Findings of Fact and Statement of Overriding Considerations (all exhibits posted at
https://www.fountainvalley.gov/1282/General-Plan-Update)

2. Draft Environmental Impact Report (posted at
https://www.fountainvalley.gov/1282/General-Plan-Update)

3. Ordinance No __ approving Code Amendment No. 23-04

4. Ordinance No __ to Amend the Zoning Map

5. Proposed Zoning Map

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RESOLUTION NO. ____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOUNTAIN

VALLEY CERTIFYING A FINAL ENVIRONMENTAL IMPACT REPORT

INCLUDING A MITIGATION MONITORING AND REPORTING

PROGRAM, CEQA FINDINGS OF FACT, AND STATEMENT OF

OVERRIDING CONSIDERATIONS FOR THE CITY OF FOUNTAIN
VALLEY GENERAL PLAN 2045 AND ADOPTING GENERAL PLAN
AMENDMENT NO. 23-02 FOR THE CITY OF FOUNTAIN VALLEY
GENERAL PLAN 2045
WHEREAS, the City of Fountain Valley General Plan has not been comprehensively updated in 28 years and requires revision to ensure that it aligns with the current aspirations and values of the community of the City of Fountain Valley and complies with current state law and regulations; and
WHEREAS, the City of Fountain Valley (“City”) is the applicant for General Plan Amendment No. 23-02, known as the “City of Fountain Valley General Plan 2045” or “Fountain Valley General Plan 2045”; and
WHEREAS, the City, by and through its General Plan Advisory Committee, Planning Commission, City Council, and extensive community and stakeholder outreach, has prepared the Fountain Valley General Plan 2045 as a comprehensive revision and update to the City’s existing General Plan; and WHEREAS, the Fountain Valley General Plan 2045 was prepared pursuant to Government Code Section 65350, et. seq., and is intended to supersede all previously adopted General Plans and General Plan Elements in their entirety, excepting and incorporating the adopted 2021-2029 Housing Element; and WHEREAS, the Fountain Valley General Plan 2045 consists of elements mandated by Government Code Section 65302, including Land Use, Circulation, incorporation of the previously- adopted 2021-2029 Housing Element, Open Space, Parks, and Recreation, Safety and Noise; and
WHEREAS, on October 25, 2022, the City issued a Notice of Preparation of the Draft Program Environmental Impact Report (“EIR”) in accordance with the requirements of the California Environmental Quality Act (Public Resources Code [“PRC”] Section 21000 et. seq.) (“CEQA”) and the State CEQA Guidelines (14 California Code of Regulations [“CCR”] section 15000 et. seq.); and
WHEREAS, the City, as lead agency, prepared the Draft Program EIR, including technical appendices thereto for the City of Fountain Valley General Plan 2045 pursuant to CEQA and the CEQA Guidelines, and the Draft Program EIR was, in accordance with CEQA Guidelines Section 15166(b), forwarded to the State Clearinghouse (“SCH”) and assigned SCH No. 2022100563; and
WHEREAS, on June 9, 2023, the City issued a Notice of Availability pursuant to CEQA for the Draft Program EIR analyzing the potential impacts on the environment

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associated with the Fountain Valley General Plan 2045 and accepted public comments in accordance with CEQA Guidelines Section 15105 for a period of 45 days between June 9, 2023, and July 24, 2023; and
WHEREAS, the City prepared written responses to all comments received on the Draft EIR and those responses to comments and revisions to the Draft EIR are incorporated into the Final Program EIR. The Response to Comments were distributed with the Final EIR to all public agencies and individuals that submitted comments on the Draft EIR at least 10 days prior to the certification of the Final Program EIR; and WHEREAS, the October 2023 Final Program EIR is comprised of the Draft Program EIR dated June 2023 and all appendices thereto, the comments and recommendations on the Draft Program EIR, the Responses to Comments on the Draft EIR, the clarifications, revisions, and corrections to the Draft Program EIR, and the Mitigation Monitoring and Reporting Program; and
WHEREAS, the Mitigation Monitoring and Reporting Program that was prepared for the Fountain Valley General Plan 2045, a copy of which is on file in the Community Development Department and contained as part of Exhibit A to this Resolution, requires the City to take a variety of actions, including the imposition of applicable conditions of approval on future development within the City and to report compliance with the implementation of those measures; and
WHEREAS, a document entitled “CEQA Findings of Fact and Statement of Overriding Considerations regarding the Final Program Environmental Impact Report for the Fountain Valley General Plan 2045,” a copy of which is on file in the Community Development Department and contained in Exhibit B to this Resolution, has been prepared and distributed to the Planning Commission, which document includes findings required in connection with the City’s certification of the EIR and approval of Fountain Valley General Plan 2045, including the findings required by CEQA Guidelines Section 15091; and
WHEREAS, at a duly noticed public hearing on October 25, 2023, the Planning Commission considered the Final Program EIR and the Fountain Valley General Plan 2045, including the agenda report and any supplements thereto and written public comments, opened the public hearing and took and considered public testimony both for and against the proposal, and recommended adoption of the General Plan and EIR to the City Council on a 3-2 vote; and
WHEREAS, the proposed General Plan Amendment 22-01 has been publicly noticed in accordance with State Law and the Fountain Valley Municipal Code; and NOW, THEREFORE, the City Council of the City of Fountain Valley does hereby resolve as follows:

SECTION 1
The City Council finds that all of the facts set forth in the Recitals to this Resolution are true and correct.

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SECTION 2
The findings made in this Resolution are based upon the information and evidence set forth in the Recitals to this Resolution, the Final Program EIR (Exhibit A) for the Fountain Valley General Plan 2045 (Exhibit C), and upon other substantial evidence that has been presented at the hearing and in the record of this proceeding.

SECTION 3
The Fountain Valley General Plan 2045, the Final Program EIR, Mitigation Monitoring and Reporting Program, CEQA Findings of Fact and Statement of Overriding Considerations regarding the Final Environmental Impact Report for the Fountain Valley General Plan 2045, agenda reports, technical studies, appendices, plans, specifications, and other documents and materials that constitute the record of proceedings upon which this Resolution is based on, are on-file for public examination during normal business hours at the City of Fountain Valley Community Development Department, 10200 Slater Avenue, Fountain Valley, California 92708.

Each of these documents is incorporated herein by reference in connection with making the findings and approvals taken by the City Council in this Resolution..

SECTION 4
The City Council finds that all public agencies and interested members of the public have been afforded ample notice and an opportunity to comment on the Draft Program EIR, the Final Program EIR, and Fountain Valley General Plan 2045.

SECTION 5
Prior to taking action, the City Council has heard, been presented with, reviewed and considered the information and data in the record, including oral and written testimony presented for and during the public hearing. The City’s independent consultants and City staff have reviewed and analyzed the comments received on the Fountain Valley General Plan 2045 and Draft and Final Program EIR.

SECTION 6
The City Council, after having reviewed the Comments to the Draft Program EIR, the Response to Comments, and the additions, changes and corrections to the Program EIR as provided in the Final Program EIR, finds, pursuant to Guidelines Section 15088.5, that none of the comments or additional information submitted to the City, and none of the additions, changes or corrections of the Program EIR as set forth in the Final Program EIR constitutes significant new information requiring recirculation of the EIR.

SECTION 7
The City Council certifies, pursuant to CEQA Guidelines Section 15090, that the Final Program EIR: (a) has been completed in compliance with CEQA, (b) was presented to, and reviewed and considered by the City Council; and (c)) reflects the City Council’s independent judgment and analysis.

SECTION 8

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Section 15091 of the CEQA Guidelines requires that the City Council, before approving the 2045 General Plan, make one or more written findings for each significant effect identified in the Final Program EIR, accompanied by a brief explanation of the rationale for each finding. The City Council finds that (1) changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effects as identified in the Final Program EIR; or, (2) such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding or such changes have been adopted by such other agency or can and should be adopted by such other agency; or, (3) specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the Final Program EIR. These required findings are set forth in the “CEQA Findings of Fact and Statement of Overriding Considerations regarding the Final Environmental Impact Report for the Fountain Valley General Plan 2045,” a copy of which is on file in the Community Development Department and contained in Exhibit B to this Resolution, SECTION 9
CEQA Guidelines Section 15093 requires that if a project will cause significant and unavoidable adverse impacts, the City must adopt a Statement of Overriding Considerations prior to approving the project. For all significant and unavoidable impacts associated with the Fountain Valley General Plan 2045 that have been identified in the Final Program EIR, including air quality, greenhouse gas emissions, noise, population and housing and transportation, the Planning Commission recommends that the City Council adopt a Statement of Overriding Considerations, attached hereto as Exhibit B and incorporated herein by reference. The City Council finds that each of the overriding benefits by itself and independently, as well as considered cumulatively, would justify proceeding with adoption of the 2045 General Plan, despite any significant and unavoidable impacts identified in the Final Program EIR or alleged to be significant in the record of proceedings. Therefore, the City Council hereby adopts the “CEQA Findings of Fact and Statement of Overriding Considerations regarding the Final Environmental Impact Report for the Fountain Valley General Plan 2045,” as required pursuant to CEQA, included herewith in Exhibit B and incorporated herein by reference.

SECTION 10
The City Council finds that the Fountain Valley General Plan 2045 reflects the City’s vision for its future, contains all mandatory elements as required by law, that all elements are internally consistent and have equal legal status, and that all elements contain the information and provisions as required by state law, including but not limited to, the requirements set forth in Government Code Sections 65302 through 65303.

SECTION 11
Based on all the documents and other evidence presented in connection with this proceeding and in this Resolution, the Recitals and preceding Sections of this Resolution, the City Council hereby adopts the City of Fountain Valley General Plan 2045, as provided in Exhibit C to this Resolution, certifies the Final Environmental Impact Report including a Mitigation Monitoring and Reporting Program, and CEQA Findings of Fact and Statement of Overriding Considerations.

SECTION 12

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The City Clerk is hereby authorized to make the documents adopting the plan and Certifying the EIR, including the diagrams and text, available to the public for inspection per Government Code Section 65357.

PASSED, APPROVED AND ADOPTED THIS 21 DAY OF November, 2023.

ATTEST:

Rick Miller, City Clerk Kim Constantine, Mayor

APPROVED AS TO FORM

HARPER & BURNS LLP
_____
Attorneys for the City
City of Fountain Valley
EXHIBIT A: Final Program Environmental Impact Report, including the Mitigation Monitoring and Reporting Program
EXHIBIT B: CEQA Findings of Fact and Statement of Overriding Considerations EXHIBIT C: Draft General Plan 2045

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Exhibit A
Final Program Environmental Impact Report, including the Mitigation Monitoring and Reporting Program – https://www.fountainvalley.gov/1282/General-Plan-Update

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Exhibit B
CEQA Findings of Fact and Statement of Overriding Considerations – https://www.fountainvalley.gov/1282/General-Plan-Update

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Exhibit C
Draft General Plan 2045 – https://www.fountainvalley.gov/1282/General-Plan-Update

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ORDINANCE NO._____

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FOUNTAIN VALLEY APPROVING CODE AMENDMENT (CA) NO. 23-04 TO AMEND FOUNTAIN VALLEY MUNICIPAL CODE (FVMC) CHAPTER 21.08 TO
INCLUDE R5 ZONING, TO ADOPT CHAPTER 21.17 INCLUSIONARY
HOUSING PROGRAM, TO REPEAL FVMC SECTION 21.14.070 HOUSING OPPORTUNITY OVERLAY, AND TO AMEND FVMC 21.08.020(5) TO
INCREASE THE MAXIMUM DENSITY IN THE R4-HIGH DENSITY MULTIPLE DWELLING ZONE TO 30 DWELLING UNITS PER ACRE (DU/AC)
WHEREAS, the Fountain Valley City Council adopted the Development Code Update on December 7, 2000; and
WHEREAS, the 2021-2029 Housing Element, approved through Resolution No. 9853 by the City Council on October 4, 2022 was certified by the State Housing Community Development Department (“HCD”) on October 13, 2022; and WHEREAS, the 2021-2029 Housing Element notes that concurrent with the General Plan Update, the City will amend the Development Code to add a Very High Density Residential (R5) Zoning District; and
WHEREAS, the R5 Zoning District will allow for residential at a minimum density of 30 and a maximum density of 40 units per acre for projects with fewer than 50% of the units reserved for lower income households. For projects that reserve 50% or more of the units for lower income households, the maximum density is increased to 65 units per acre; and WHEREAS, the R5 Zoning District could allow the same maximum residential density (65 du/ac) as the mixed use zones without requiring any amount of nonresidential; and WHEREAS, the R5 Zoning District is essential for the City to meet its Regional Housing Needs Assessment (RHNA) allocation of 4,839 units; and WHEREAS, the State of California requires local governments to plan to meet the housing needs of all income groups. Specifically, "local and state governments have a responsibility to use the powers vested in them to facilitate the improvement and development of housing to make adequate provision for the housing needs of all economic segments of the community" pursuant to the State Government Code Section 65580, subdvs. (d); and WHEREAS, the City Council has determined that there is a demand for affordable housing for very low, low, and moderate income households in the City of Fountain Valley as documented in the 2021-2029 Housing Element under Housing Element Program 1c, Program Category #1 Goal 1, which states that the City will adopt an inclusionary housing ordinance to ensure the provision of affordable housing units in all new residential developments with 10 or more units; and
WHEREAS, on November 5, 2019 the City Council adopted Resolution 9722 authorizing application for, and receipt of, SB2 Planning Grants Program Funds; and

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WHEREAS, the Program 1C in the Housing Element states that the “City will adopt an inclusionary housing ordinance to ensure the provision of affordable housing units in all new residential development with 10 or more units...[and] [t]he City is targeting a 15 percent inclusionary requirement.”; and
WHEREAS, based on policy direction for the 2045 General Plan Update from the General Plan Advisory Committee (“GPAC”), Planning Commission, and City Council, Staff has prepared Draft Chapter 21.17, Inclusionary Housing Program, which requires a 15 percent affordability component for all residential developments over 10 units and includes additional incentives; and
WHEREAS, on October 15, 2013, the City Council approved Ordinance No. 1490 amending FVMC 21.14 to create a Housing Opportunities Overlay Zone and apply said overlay zoning to 8572 Talbert Avenue and 11701-11765 Edinger Avenue; and WHEREAS, the Housing Opportunities Overlay Zone provides for the availability of housing sites to meet the projected future housing needs identified in the Listing of Available Housing Site (Table 19 of the 2006-2014 Housing Element) and the City’s Regional Housing Needs Allocation (“RHNA”) obligation; and
WHEREAS, the 2021-2029 Housing Element in the City’s General Plan provides an evaluation of the housing opportunity overlay in Table H-27, recommends discontinuing the overlay, and replacing it with zoning that meets the City’s RHNA obligation; and WHEREAS, on June 6, 2023, the City Council approved Zoning Map Amendment No. 434 to change the zoning designation for the property located at 8572 Talbert Avenue from CP-HO1 – Commercial, Administrative, Professional Office with Housing Overlay(1) to GH – Garden Homes consistent with FVMC 21.14.070(c)(1) Housing Opportunity Overlay; and WHEREAS, Table H-22 of the of the 2021-2029 Housing Element projects that Golden Triangle (11701-11765 Edinger Avenue) will be rezoned to R5 – Very High Density Residential with a density range of 30 to 40 du/ac with an increase of up to 65 du/ac if 50% of the units are reserved for lower income residents, thus exceeding the current zoning of the site of C1-HO2 – Local Business with Housing Overlay(2) in FVMC 21.14.070(c)(2) that requires development be built to R4 – High Density Multiple Dwelling standards including a density of 30 du/ac; and
WHEREAS, California Assembly Bill 2348 (AB 2348) requires that cities with a population of at least 50,000 that are located within a Metropolitan Statistical Area (MSA) with a population of more than 2 million must be zoned to permit at least 30 du/ac in order to qualify as a housing site potentially affordable to households in the extremely low, very low, or low income ranges; and
WHEREAS, Table “A” of AB 2348 states that all cities in Orange County have a MSA Classification of IV with a population of more than 2 million; and WHEREAS, according to the 2020 Census, Fountain Valley has a population of 57,047; and

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WHEREAS, on January 18, 2011, the City Council approved Ordinance No. 1461 amending Fountain Valley Municipal Code (FVMC) Section 21.08.040 Table 2-3 to increase the maximum density in the R4 - High Density Multiple Dwelling zone from 20 to 30 du/ac; and
WHEREAS, FVMC 21.08.020(5) “Purposes of residential zoning districts” inadvertently left the maximum density of the R4 zone at twenty (20) du/ac; and WHEREAS, the Fountain Valley Planning Commission considered the proposed Code Amendment No. 23-04 at a duly noticed public hearing on October 25, 2023, and by a vote of 3-2 approved Resolution No. 23-26 recommending the City Council approve Code Amendment No. 23-04 to Include R5 Zoning, to adopt Chapter 21.17 Inclusionary Housing Program, to repeal FVMC Section 21.14.070 Housing Opportunity Overlay, and to amend FVMC 21.08.020(5) to increase the maximum density in the R4-High Density Multiple Dwelling Zone to 30 du/ac; and
WHEREAS, the proposed Code Amendment No. 23-04 has been publicly noticed in accordance with State Law and the Fountain Valley Municipal Code.

SECTION 1
The City of Fountain Valley has prepared a Draft Environmental Impact Report (DEIR) for the 2045 Fountain Valley General Plan (State Clearinghouse No. 2022100563) to address the potential environmental effects associated with implementation of the proposed project.

Pursuant to Public Resources Code Section 21165 and the California Environmental Quality Act Guidelines (CEQA Guidelines) Section 15050, the City of Fountain Valley is the lead agency for the proposed project. Pursuant to Public Resources Code Section 21083 and CEQA Guidelines 15087, the DEIR was available for a 45- day public review from Friday, June 9, 2023, through Monday, July 24, 2023. The DEIR was made available at City Hall and online at: https://www.fountainvalley.org/1282/General-Plan-Update. In conformance with CEQA, the State CEQA Guidelines, and the City of Fountain Valley CEQA Guidelines, the City of Fountain Valley conducted an extensive environmental review of the proposed project. • Completion of a Notice of Preparation (NOP) on October 25, 2022. The public review period extended from October 25, 2022, to November 24, 2022. The NOP was published in the Fountain Valley View on October 25, 2022. The NOP was posted at the Orange County Clerk’s office on October 25, 2022. Copies of the NOP were mailed to interested persons and organizations.
• Preparation of a Draft EIR, which was made available for a 45-day public review period beginning June 9, 2023, and ending July 24, 2023. The scope of the Draft EIR was determined based on the CEQA Guidelines Appendix G Checklist, and comments received in response to the NOP. The Notice of Availability (NOA) for the Draft EIR was sent to interested persons and organizations, sent to the State Clearinghouse in Sacramento for distribution to public agencies, posted at the City of Fountain Valley’s website, and published in the Fountain Valley View. The NOA was posted at the Orange County Clerk’s office on June 8, 2023. The Notice of Availability of the Draft EIR was published in the Fountain Valley View on June 8, 2023. • A Final EIR was prepared that includes responses to comment letters received during the 45-day public review period. Pursuant to Public Resources Code Section

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21092.5, a copy of the Final EIR was distributed all commenting governmental agencies and departments at least 10 days prior to certification of the final EIR. • Both the Draft and Final EIR were made available at City Hall and online at:
https://www.fountainvalley.org/1282/General-Plan-Update.

SECTION 2
The City Council finds that due notice of the public hearing on November 21, 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 City Council 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 to create a new R5 Zoning District is consistent with the 2021-2029 Housing Element. Housing Element Program 1a, Program Category #1 Goal 1 states that the City shall amend the General Plan and Development Code to ensure sufficient capacity to accommodate the City’s 2021-2029 RHNA allocation and to require a minimum of 20 and allow 30 du/ac or greater on all sites listed in the sites inventory. The R5 Zoning District will allow for residential at a minimum density of 30 and a maximum density of 40 units per acre for projects with fewer than 50% of the units reserved for lower income households. For projects that reserve 50% or more of the units for lower income households, the maximum density is increased to 65 units per acre. The R5 Zoning District is essential to allowing the City of Fountain Valley to meet its Regional Housing Needs Assessment (RHNA) allocation of 4,839 units, including 2,093 units affordable to lower income households, 834 units affordable to moderate income households, and 1,912 units affordable to above-moderate income households.

The City is currently in the process of amending the General Plan Land Use map, text, Development Code, and relevant specific plans concurrent with the adoption of the 2045 General Plan.

The proposed Inclusionary Housing Program will meet the 2021-2029 Housing Element under Housing Element Program 1c, Program Category #1 Goal 1, which states that the City will adopt an inclusionary housing ordinance to ensure the provision of affordable housing units in all new residential developments with 10 or more units.

The proposed amendment will also repeal the Housing Opportunity Overlay code that is no longer necessary. The Housing Opportunity Overlay was implemented to satisfy the 2006-2014 Housing Element for two properties located at 8572 Ellis

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Avenue and 11701-11765 Edinger Avenue. On June 6, 2023, the City Council approved Zoning Map Amendment No. 434 making the zoning of the property at 8572 consistent with the requirements of the Overlay in FVMC 21.14.070. The 2021-2029 Housing Element requires that the property located at 11701-11765 Edinger Avenue be rezoned to R5 – Very High Density Residential which exceeds the density outlined in the Overly in FVMC 21.14.070. As noted in Program 1a under Program Category #1 of the 2021-2029 Housing Element, the City shall amend the General Plan and Development Code to ensure sufficient capacity to accommodate the City’s 2021-2029 RHNA allocation and to require a minimum of 20 and allow 30 du/ac or greater on all sites listed in the sites inventory. This rezoning will ensure adequate capacity to accommodate the City’s RHNA allocation of 2,093 units affordable to lower income households, 834 units affordable to moderate income households, and 1,912 units affordable to abovemoderate income households.

The proposed amendment to change the density in the R4 zone to 30 du/ac will make the text in FVMC 21.08.020(5) consistent with the density allowed in FVMC

21.08.040 Table 2-3 which was approved through Ordinance No. 1461 by the City Council on January 18, 2011. The amendment is also consistent with the maximum density permitted in the 2021-2029 Housing Element in the R4-High Density Multiple Dwelling zone.

CA 23-04 will not create any inconsistencies with Title 21 in case of a title amendment.

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

The proposed amendment will not be detrimental to the public convenience, health, interest, safety or welfare of the city as it will help implement the 2021-2029 Housing Element as noted in Finding #1 above. Additionally, the amendment will repeal an existing code that is no longer necessary and is being met by existing and proposed changes to the zoning and land use map. Lastly, the amendment will provide consistency with the density allowed in FVMC 21.08.040 Table 2-3, which was approved through Ordinance No. 1461 by the City Council on January 18, 2011, and consistency with the maximum density permitted in the 2021-2029 Housing Element in the R4-High Density Multiple Dwelling zone.

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 23-04 will implement Housing Element Program 1a, Program Category #1 Goal 1 of the 2021-2029 Housing Element, will implement Housing Element Program 1c, Program Category #1 Goal 1 of the 2021-2029 Housing Element, will repeal FVMC 21.14.070 Housing Opportunity Overlay as it is no longer necessary, and will provide consistency with the density allowed in FVMC 21.08.040 Table 2-3, which was approved through

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Ordinance No. 1461 by the City Council on January 18, 2011, and consistency with the maximum density permitted in the 2021-2029 Housing Element in the R4- High Density Multiple Dwelling zone. 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 21.08.020(6) is hereby added as follows:
“…
(6) R5 (Very High Density Multiple Dwelling) District. The R5 zoning district applies to areas appropriate for the City’s highest intensity, multifamily residential units that promotes the development of affordable housing. The allowable density range is between 30 and 40 dwelling units per acre; for projects that reserve 50% or more of the units for lower income households, the maximum density is increased to 65 units per acre.
…”
SECTION 5
Section 21.08.030 is hereby amended as follows:
”...

21.08.030 Residential zoning district land uses and permit requirements.

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
Allowed Uses and Permit Requirements for Residential
Zoning Districts
P
CUP
—
Permitted Use
Conditional Use Permit Required
Use Not Allowed
LAND USE(1) R1 GH R2 R3 R4 R5
Specific Use
Regulations

RECREATION, EDUCATION, AND PUBLIC ASSEMBLY USES
Private residential recreational
facilities

CUP CUP CUP CUP CUP CUP
Assembly uses CUP CUP CUP CUP CUP CUP
Schools – private CUP CUP CUP CUP CUP CUP

RESIDENTIAL USES

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Accessory dwelling units P P P P P P 21.08.055
Affordable housing P P P P P P
Cottage food operations P P P P P P 21.42.065
Duplexes — P P P P P
Home Businesses P P P P P P
Mobile home parks — — — CUP CUP CUP
Multi-family dwellings — — CUP CUP CUP CUP
Residential accessory uses and
structures

P P P P P P
Residential care home - large CUP CUP CUP CUP CUP CUP
Residential care home - small P P P P P P
Single-family dwellings P CUP P — — —
Supportive housing P P P P P P
Transitional housing P P P P P P

SERVICES
Adult day scare – small P P P P P P 21.30.020
Day care – large family day care
homes
P P P P P P 21.30.020
Day care – small family day care
homes
P P P P P P 21.30.020
Child day care centers CUP CUP CUP CUP CUP CUP 21.30.020 Wireless telecommunications
facilities
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.
…”
SECTION 6
Section 21.08.040 is hereby amended as follows:
“…

21.08.040 Residential zoning district general development standards.

Subdivisions, new land uses and structures, and alterations to existing land uses and structures, shall be designed, constructed and/or established in compliance with the requirements in Tables 2-3 and 2-4 in addition to the applicable development standards (e.g., landscaping, parking and loading, etc.) in Chapters 21.16 through 21.30 of this title.

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TABLE 2-3

RESIDENTIAL DISTRICT GENERAL DEVELOPMENT STANDARDS
Requirement by Zoning District
Development Feature R1 GH
Minimum lot size Minimum area, width, and depth for new parcels Lot area 7,200 sq. ft.; 6,000 sq. ft. where
authorized as a planned
development, and in Tract No.
569
Minimum lot area = 1,800 sq. ft.

Lot width 60 ft.; 65 ft. for corner lots; 50 ft.
in Tract No. 569; 45 ft. for cul-desac and knuckle lots 23 ft.

Lot depth 90 ft. As approved by the commission
Maximum density (1) 5 dwellings per acre 10.8 dwellings per acre Maximum number
of dwelling units per
parcel
1 unit per parcel. See Section 21.08.055 for accessory dwelling unit standards
Setbacks Minimum setbacks required. See Section 21.18.090 for setback measurement, allowed projections into setbacks, and exceptions to required setbacks
Front 20 ft. As determined by the commission
Sides (each) 5 ft.(2)/10 ft. street side As determined by the commission Rear Single story = 10 ft. (3) As determined by the commission Two story = 25 ft. or 20% of the
average lot depth, whichever is
less (3)
As determined by the commission
Minimum 320 sq. ft. private rear
yard adjacent to each unit
Large through lots (4) Front: 20 ft. As determined by the commission Side: 10 ft.; 15 ft. corner lots
Rear: 25 ft. or 20% of the average
lot depth, whichever is less
Height limit (5) 30 ft./2 stories 30 ft./2 stories
Ratio of 2nd story
building area to 1st story
building
70%(6), (9) As determined by the planning
commission
Balconies and decks Prohibited in side and rear yards
when adjacent to other singlefamily homes(10)
As determined by the planning
commission
Site coverage 60%; 50% on parcels of 10,000 sq.
ft. or more
30% project building coverage.

Maximum 11 units per structure
Floor area ratio (7), (8) 0.55 + 0.08 bonus (subject to Section 21.08.045)

0.5 + 0.08 (subject to
Section 21.08.045)
Minimum floor area As required by Table 2-4
Landscaping As required by Section 21.20.040 (Landscape area requirements) Parking As required by Chapter 21.22 (Parking and Loading) Attached garages Maximum size: 2-car 450 sq. ft.; 3-car 650 sq. ft. (11)

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Requirement by Zoning District
Development Feature R1 GH
Requirement by Zoning District
Development Feature R2 R3 R4
Minimum lot size Minimum area and width for parcels proposed in new subdivisions Lot area 7,200 sq. ft. 10,000 sq. ft.

Lot width 60 ft.; 65 ft. for corner lots
Maximum density (1) 10.8 units per acre 15 units per acre 30 units per acre Maximum number
of dwelling units per
parcel
1 unit per 3,600 sq. ft.
of site area. See
Section 21.08.055 for
accessory dwelling
unit standards.
1 unit per 2,904 sq. ft.
of site area See
Section 21.08.055 for
accessory dwelling
unit standards.
1 unit per 1,452 sq. ft.
of site area. See
Section 21.08.055 for
accessory dwelling
unit standards.

Setbacks required Minimum setbacks required. See Section 21.18.090 for setback measurement, allowed projections into setbacks, and exceptions to required setbacks
Front 20 ft.

Sides (each) 5 ft.; 10 ft. corner lot
Between residential
structures
20 ft., plus 5 ft. for second story; 15 ft. between side walls and front or rear of other buildings, plus 2.5 ft. for each additional story. See Section 21.08.050(B)
Second story 2-story nonresidential or multi-family structures shall be set back 25 ft. from an existing single-family development; 3-story or taller structures shall be set back from single-family residential a minimum of 100 ft.

Rear 25 ft. or 20% lot depth, whichever is less
Height limit (5) 28 ft./2 story 35 ft./3 story
Site coverage 40%
Minimum floor area As required by Table 2-4
Private open space—
Multi-family units 100 sq. ft. per unit with no dimension smaller than 10 ft.

Landscaping As required by Chapter 21.20 (Landscaping)
Parking As required by Chapter 21.22 (Parking and Loading) Development Feature Requirement by Zoning District
R5
Minimum lot size Minimum area and width for new development projects.

Lot area 1.0 acre
Lot width N.A.

Floor area ratio (FAR) N.A.

Site coverage 85%
Maximum density (1) 40 units per acre
Variations of
residential density
Variation from the maximum residential density is permitted as provided below:

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Development Feature Requirement by Zoning District
R5
• 65 units per acre for projects that reserve 50% of units or more for lower income households
Minimum density 30 units per acre
Setbacks Minimum setbacks required on the ground floor from perimeter property lines of a project (does not include the sidewalk and curb).

Street Frontage 10 ft.

Interior property
line (abutting nonres. zone)
None
(a maintenance agreement shall be recorded on the deed prior to issuance of the certificate of occupancy)
Interior property
line (abutting res.
zone)
• Abutting R1/GH zone, one of following options: (1) 30 ft. with a min. step-back of 20 ft. above the height of 35ft.; OR (2) 100 ft. setback with no step-back.
• Abutting R2, R3, R4, and R5 zones, 10 ft. setback with step-backs that do not protrude past a 45-degree daylight plane intersecting the property line 10 ft. above average grade.
• Interior setback areas may be counted toward private open space (not public open space requirement) when landscaped and designed for functional use by the residents.

Upper Level StepBack(12)(14) Upper level step-back of 15 ft. average of all street-facing upper floors above 35ft.

Exception: Average step-backs do not apply along interior property lines abutting R1/GH/R2/R3/R4 zones (See setbacks from interior property lines abutting residential zones).

Height Limit(5) 5 stories and 55 ft.

Height
Modulation(13)
A square box is not an acceptable design and the modulation of the heights is required to provide visual interest and reduce the scale of building mass. Accordingly, a proposal shall include a building step-back on the street frontage and the two following elements:

Height
Modulation(13)
Private and
common open
space
Height variation: a change in roof heights of at least 10 ft. every 150 linear ft.
• Corner: A ground level plaza or a prominent corner feature that is differentiated by height and design features from the primary massing of the building by a minimum of 10 ft. To qualify, corner feature shall have a measurement of at least 25 linear ft. in each direction.

An average of 100 square feet per residential unit through any combination of the following:
• Private open space with no dimension smaller than 7 ft. • Common open space with no dimension smaller than 20 ft.; a minimum of 20% of common open space must be landscaped with live drought tolerant plant material.

Onsite amenities One private amenity for the use of all residents shall be provided for each 25 residential units, plus one private amenity for any units beyond the last full increment of 25 units (e.g., a development with 51 units would be required to provide three private amenities). Multiple but separate

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Development Feature Requirement by Zoning District
R5
amenities of the same type may be used to meet this requirement.

Amenity features may include, but are not limited to:
• Indoor or outdoor recreation area;
• Gym/yoga studio;
• Swimming pool/hot tub;
• Lounge;
• Common area balcony or rooftop deck;
• Barbeque areas;
• Electronic game room;
Similar non-required uses as determined by the director.

Façade and Massing
Variation
• Blank expanses of walls and lack of variation in the façade is not an acceptable design. Recesses and projections of the façade in combination with changes in colors, materials, and articulation create the desired quality and visual interest. In every building frontage, at least one of the following elements shall be incorporated:

Modulation Major recess/projection of at least 2 ft. depth and 4 ft. in width every 150 linear ft. plus a minor recess/projection of at least 1 ft. depth and 2 ft. in width every 50 linear ft.

Delineated base,
middle, top
• Change in materials (acceptable street level materials include a preponderance of brick, wood, stone, or similar detailed materials. Above the first floor, no more than 80% of an elevation may be clad in EIFS or stucco); or
• Design that creates distinct vertical and horizontal visual separation through color, material, cornice trim, and/or awnings; or • Upper level step-backs.

Building
Separations(14)
A building separation shall be provided on each street facing building elevation of 250 linear feet or more through at least one of the following means:
• A building separation of an average width of 40 ft. and an average depth of 25 ft. with a minimum 1,200 sf of area that extends to the street level and is open to the sky; OR
• A building separation that begins at the second floor of an average width of 40 ft. and an average depth of 20 ft. that is open to the sky. The ground level floor within the separation area must be set back an average of 5 ft. from the main building façade.

Between separate
structures
10 ft. min. with an average of 20 ft. except 15 ft. average between sidewalls and front or rear of other buildings. No setbacks are required between buildings with no openings on adjoining walls. See Section

21.08.050(b) for accessory structures.

Minimum
residential storage
areas
Each dwelling unit shall have a minimum of 200 cubic feet of individually enclosed, weatherproofed, and lockable storage space. Such space shall be for the sole use of the occupant of the dwelling unit and may be provided within individual storage lockers, cabinets, or closets within the garage area if neither the space nor the doors leading thereto overhang a parking

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Development Feature Requirement by Zoning District
R5
space assigned to another unit. If storage areas are provided adjacent to private open space areas, the storage space cannot count toward the private open space requirement. Storage areas inside dwelling units must be separate from typical forms of interior storage including closets, pantries, linen closets, and kitchen/bathroom closets.

Landscaping As required by Chapter 21.20 (Landscaping)
Parking As required by Chapter 21.22 (Parking and Loading) Mail Distribution Mail distribution areas shall be well lit and secure but shall remain open to the tenants at all times.

Notes:
(1) Maximum Number of Dwelling Units Allowed per Net Buildable Acre in a Single-Family Subdivision or Multi-Family Project. The actual number of units allowed is determined through the subdivision or land use permit process, as applicable.
(2) Minimum 5-ft. side yard setback required for second story additions in zero lot line developments.
(3) At least 1,000 sq. ft. of open area shall remain in the rear yard and subject to other requirements of Section 21.08.050 (Standards for specific land uses), subsection (b) (Accessory uses and structures).
(4) These setbacks apply to parcels that are “through-lots” with an area greater than 10,000 sq. ft. (5) Maximum Allowed Height of Structures. See also Section 21.18.050 (Height measurement and height limit exceptions). No architectural features, windows, etc., above second story eave line. (6) Maximum wall height of 10 ft. for first story area used to meet 70% ratio requirement. The square footage of any vaulted ceiling area above the 10-ft. wall height shall be counted toward the second story area when calculating the 70% second to first story ratio. (7) For R1 purposes only, FAR is to be calculated on living area only, including living area for second dwelling units. Garage area is not part of the FAR calculations. (8) FARs for new subdivisions of 5 lots or more shall be determined by the commission. (9) The portion of a second story balcony or deck that is covered by a roofed structure shall be counted toward the 70% ratio.
(10) Covered balconies, second story decks, and second floor open courtyards, where more than 50% of the perimeter walls of the covered balcony, second story deck, or second floor open courtyard are enclosed, shall count towards the maximum FAR.
(11) Garages in excess of the maximum size requirements shall have the additional square footage counted toward the maximum FAR. Ancillary uses such as workshops, laundry facilities, and storage may be included in the maximum garage area as long as the primary purpose of the garage, which is for vehicle storage, is maintained.
(12) Step-backs: the minimum distance that the main exterior walls of the upper portion of a building that is located above 35 feet are set back from the exterior wall of the lower portion of the building.
(13) Elevator and stair overruns shall not be counted as part of the roofline modulation. (14) For purposes of measuring averages used in this chapter (setbacks, step-backs, building separations, open areas), measurements shall be taken from the exterior wall of the main habitable building and shall not be measured from the edges of covered and uncovered balconies, porches, and decks, nor measured from the edges of canopies, awnings, non-habitable architectural projections, and similar features.

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TABLE 2-4

MINIMUM RESIDENTIAL FLOOR AREA REQUIREMENTS
Minimum Area by District
Dwelling Size R1, GH (1) R2, R3, R4 (2)
Studio N/A 500
1 bedroom 1,150 750
2 bedrooms 1,225 950
3 bedrooms 1,400 1,150
Notes:
(1) In tract No. 569, an additional 100 sq. ft. per additional bedroom is required for more than 4 bedrooms.
(2) For more than 3 bedrooms, an additional 100 sq. ft. per additional bedroom is required. …”
SECTION 7
Section 21.08.050(h) is hereby added as follows:
“…
(h) Multi-Family Uses in the R5 Zone.
(1) Laundry Facilities. Laundry facilities shall be provided for the residential development. Common laundry facilities for the exclusive use of the residents shall be provided on-site unless laundry facilities are provided within each unit. Common laundry facilities shall be secure and well lit from dusk until dawn. Washers and dryers shall be provided at the following ratios:
(A) One washer and dryer for every fifteen units where hook ups are not provided in each individual unit.
(B) One each washer and dryer for every twenty-five units where hook ups are provided in each individual unit.
(2) Refuse/Recycling/Organics Collection.
(A) Per Section 21.18.100 except as noted herein or as shown in an approved trash management plan prepared by a professional trash management company. (B) Trash collection shall be within enclosures so that trash bins are not visible. Trash chutes shall be placed in enclosed rooms with design consideration to minimize odors and noise. Trash bins shall be stored in an enclosed space except for trash pickup days. When trash chutes are utilized, the trash collection areas do not need to be located within a minimum distance from the doorway of the dwellings that they are intended to serve. (C) Refuse/recycling/organics collection bins shall be stored in an enclosed space except for trash pickup days. On trash pickup days, bin collection shall occur on site or within newly created loading, drop off and pullout areas outside of the required public street and shall be located in areas that minimize noise impacts to residents. Bin collection areas shall not be located in

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required parking spaces and open space, or block vehicular access, bus stops, pedestrian access, deceleration lanes, and access to residential amenities. (D) Trash, recycling and organics storage areas must be covered or stored under a structure to prevent storm water from coming in contact with the containers or the interior of storage area.
(E) A trash, recycling and organics storage area may be located below grade if the access ramp does not exceed fifteen percent, and the minimum clearance at every point along the path of access is seven feet. These requirements do not apply if the said trash, recycling and organics area is otherwise serviced by freight elevators.
(F) The trash, recycling and organics storage area shall be maintained in a good state of repair at all times.
(G) All trash, recycling and organics containers shall be stored in the designated storage area. No one shall store trash, rubbish or containers for trash, recycling or organics in any building, open area or any other area outside the designated storage area. (3) Residential Bicycle Storage Areas. Secure, adequate and convenient storage shall be provided for the tenant’s bicycles. Provide secure bicycle parking for five percent of the tenant-occupant vehicular parking spaces with a minimum of one bicycle parking facility. Acceptable bicycle parking includes covered, lockable enclosures with permanently anchored racks for bicycles; lockable bicycle rooms with permanently anchored racks; or lockable, permanently anchored bicycle lockers. (4) Property Management. Management office(s) shall be mandatory for multifamily developments of ten or more units and shall be staffed daily and be located at a main, visible point within a multifamily project.
(5) Encroachments. The following may encroach into the required setbacks and step-backs in the R-5 Zones:
(A) On the roof of a lower floor created by a required step-back: decks to the edge of the lower floor’s main building wall.
(B) Unenclosed ground level porches: eight-foot encroachment. (C) Non-habitable cantilevered architectural features from the exterior building wall of the main structure, including canopies, awnings, cornices, and eaves, may extend up to five feet into required setbacks and step-backs. On the ground floor facing a street, these features may extend ten feet into the required setbacks but in no case into the public right-of-way.
(D) Private open space is permitted in interior setbacks. (E) Mechanical, fire safety and electrical equipment when screened/camouflaged unless approved otherwise based on written requirements of the controlling agency. (F) No more than forty percent of balconies shall extend beyond the main habitable building wall of each elevation and the maximum projections shall be twenty-five percent of the balconies’ full depth. All other balconies shall be recessed behind the main habitable building wall of each elevation.
(G) No portion of a building shall encroach into the public right-of-way. …”

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SECTION 8
Chapter 21.17 Inclusionary Housing Program is hereby adopted as follows:
“...

Chapter 21.17 INCLUSIONARY HOUSING PROGRAM
The Ordinance codified in this Chapter shall be known and may be cited as the “Inclusionary Housing Program” component of the City of Fountain Valley.

21.17.010 Purpose
The purpose of this Inclusionary Housing Program is to establish standards and procedures that:
(a) Enhance the public welfare by encouraging the development of housing affordable to a range of Extremely Low-, Very Low-, And Low-Income Households.
(b) Encourage development and availability of affordable housing by requiring the inclusion of affordable housing units within new developments.
(c) Ensure that future residential development is consistent with the State of California and the City of Fountain Valley’s housing policies.
(d) Ensure that each Residential Development Project complies with the requirements of this Chapter and is consistent with the City's housing goals of developing affordable housing opportunities, creating diverse housing opportunities for existing and future residents, and maintaining economic diversity and geographically dispersed affordable housing.

20.17.020 Definitions
(a) Accessory Dwelling Unit (ADU) shall mean an attached or detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary single-family dwelling. An ADU shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family dwelling. The term ADU also includes an efficiency unit and a manufactured home, provided it is built on a permanent foundation and located on the same parcel as the single-family dwelling. An ADU may be located within an existing attached or detached garage, shed, barn or other accessory structure of the single-family dwelling. (b) Affordable Dwelling Unit (or Affordable Unit) shall mean, for the purposes of this Chapter, a dwelling unit affordable to Extremely Low-, Very Low-, and Low-Income Households as those terms are defined in the California Health and Safety Code (“HSC”) as implemented by the California Code of Regulations (“CCR”). Area median income shall be “adjusted for family size appropriate for the units” pursuant to HSC section 50052.5 that assumes one person in a studio unit, two persons in a one-bedroom unit, three persons in a two-bedroom unit, four

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persons in a three-bedroom unit, five persons in a four-bedroom unit, and six persons in a five-bedroom unit. An Affordable Unit may also be an Inclusionary Unit. (c) Affordable Housing Agreement shall mean a written agreement between the City of Fountain Valley (and/or the Fountain Valley Housing Authority) and the owner (developer) of the subject property evidencing covenants of the location, number of units at subject property (both existing, if any, and/or to be constructed onsite), type of units (ownership or rental), number of Affordable Units based on income category and Affordable Housing Cost or Affordable Rent, as applicable, length of Affordability Period, approximate size of unit(s) including number of bedrooms, location of Affordable Units within, and as to multiple units distributed reasonably within, the subject property, and construction schedule of all dwelling units and an agreement to file a deed restriction and lien in favor of the City to secure the affordability restrictions. The Affordable Housing Agreement (and/or the Regulatory Agreement attached thereto) shall be subject to review and approval by the Community Development Director and City Attorney, with the option of consideration and action by the City Council. The Affordable Housing Agreement (and/or the Regulatory Agreement attached thereto) shall be recorded in the Official Records, County of Orange, State of California (“Official Records”) as a condition precedent to the issuance of the first building permit for the subject construction at the subject property (d) Affordable Housing Cost shall mean as defined in HSC sections 50052.5 and 50053 for ownership and rental units.
(1) For ownership units and for purposes of determining Affordable Housing Cost pursuant to 25 CCR 6920 means that “Monthly Housing Payments” shall include an estimate of the following costs for the upcoming twelve months:
(A) Principal and interest payments on the mortgage loan, including rehabilitation loans
(B) Mortgage loan insurance fees
(C) Property taxes and assessments
(D) Fire and casualty insurance
(E) Property maintenance and repairs
(F) A reasonable allowance for utilities (including garbage collection, sewer, water, electriCity, gas and other fuels, but not telephone service). Such an allowance shall take into consideration the cost of an adequate level of service (based on the Orange County Housing Authority utility allowance.) (G) Homeowner association fees
(H) Space rent, if the housing unit is on rented land.

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(2) For rental units and for purposes of determining Affordable Rent pursuant to 25 CCR 6918 means that Rent is an average of estimated housing costs for the next twelve months. “Rent” includes the total of monthly payments for all of the following:
(A) Use and occupancy of a housing unit and land and facilities associated therewith. (B) Any separately charged fees or service charges assessed by the lessor which are required of all tenants, other than security deposits.
(C) A reasonable allowance for utilities not included in the above costs, including garbage collection, sewer, water, electriCity, gas, and other heating, cooking, and refrigeration fuels. Utilities does not include telephone service. Such an allowance shall take into consideration the cost of an adequate level of service (based on the Orange County Housing Authority utility allowance.) (D) Possessory interest taxes or other fees or charges assessed for use of the land and facilities associated therewith by a public or private entity other than the lessor.
(e) Affordable Housing Operator or Operator shall mean a non-profit housing development corporation whose primary function is the provision and/or management of affordable housing units.
(f) Affordable Housing Sales Price shall mean the maximum price that can be charged for an Inclusionary Unit based on the qualifying household’s income. (g) Applicant shall mean one (1) or more person(s) or entity(ies) that applies for a residential development in the City, regardless of whether the person(s) or entity(ies) have an ownership or leasehold interest in the property on which the development is proposed. (h) Attached Single-Family Dwelling Unit for the purposes of this Chapter shall mean a single-family dwelling unit having one or more walls attached to and in common with one or more single-family dwellings.
(i) Base Density shall mean the maximum number of dwelling units allowed per acre of land within each land use category designated in the General Plan.
(j) Density Bonus shall mean a density increase over the otherwise maximum allowable Base Density on the subject property, as may be permitted pursuant to California Government Code Section 65915, et seq., and Fountain Valley Municipal Code Chapter 21.08.050, et seq. (together, “DBL”). (k) Detached Single-Family Dwelling Unit shall mean a dwelling unit intended for use by a single household and not attached to any other building.
(l) Development agreement shall mean an agreement entered into between the City and an owner, as developer, affecting the subject property pursuant to California Government Code Section 65864, et seq.

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(m) Development standard shall mean each, all and any objective site condition or construction condition, including, but not limited to, height limits, required setbacks, maximum floor area ratio, onsite open-space requirement, or required parking that applies to a residential development pursuant to any ordinance, General Plan, specific plan, zoning, condition of approval, or other local law, policy, resolution, or regulation. (n) Extremely Low-Income Household is defined in HSC Section 50106. (o) For-Sale Residential Development Project shall mean a Residential Development Project that includes the creation of one or more new dwelling units that may be sold individually. A For-Sale Residential Development Project also includes the conversion of a residential rental development to a residential ownership development.
(p) Housing Type shall mean the specific building construction design as distinguished by the number of households per structure and the degree to which walls or ceilings/floors are shared. For the purposes of this Chapter, the three Housing Types are Attached Single-Family Dwelling Unit, Detached Single-Family Dwelling Unit, and Multi-Family Unit. (q) Inclusionary Housing Program Administrator or Administrator shall mean either be the City itself or a third-party administrator, retained to provide professional services and acting as a representative of the City in connection with certain to all aspects of the operation of the Inclusionary Housing Program pursuant to a contract entered into between the City and the thirdparty administrator, as such agreement may be amended or replaced from time-to-time. (r) Inclusionary Housing Fund shall mean the fund created and maintained by the City in which all fees, both in-lieu and other fees, collected in compliance with this Chapter 21.17, shall be deposited.
(s) Inclusionary Housing Plan shall mean a set of narratives and site plans detailing how the provisions of this Chapter will be implemented for the proposed development project, subject to the approval of the Community Development Director and City Attorney, with the option to present to the Planning Commission for review and recommendation to the City Council for their approval.

An Inclusionary Housing Plan shall be submitted by the developer in a form specified by the Community Development Director detailing how the provisions of this Chapter 21.1 will be implemented for the proposed Residential Development Project. (t) Inclusionary Unit shall mean a dwelling unit intended for sale or rent that is required by Section

21.17.040 to be affordable to Extremely Low-, Very Low-, or Low-Income Households. (u) Low Income Household is defined in HSC Section 50079.5. (v) Lower income household is a general term, which refers to households whose gross income falls under the categories of Extremely Low-, Very Low-, or Low-Income as those terms are defined in the HSC and this Chapter.
(w) Market Rate Unit shall mean a new dwelling unit in a residential development project that is not an Inclusionary Unit and is available for sale or rental at market rate.

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(x) Multi-Family Unit shall mean a residential unit intended for the use of a single household that is part of a larger building or complex having one or more walls and one or more floors/ceilings attached to and in common with other residential units. (y) Regulatory Agreementshall mean an agreement entered into between the City of Fountain Valley (and/or the Fountain Valley Housing Authority) and the owner (developer) of the subject property by which the developer covenants to keep certain housing units at an affordable housing cost for a specified period of time and which Regulatory Agreement is recorded against the subject property in the Official Records as a senior nonsubordinate encumbrance to any and all monetary liens, except tax liens or other monetary liens with express statutory priority. (z) Rental Residential Development Project shall mean a Residential Development Project that creates one or more dwelling units that cannot be lawfully sold individually in conformance with the Subdivision Map Act.
(aa) Residential Development Project shall mean a development that includes the creation of one or more new dwelling units, conversion of nonresidential uses to dwelling units, or the conversion of an existing rental residential development to a residential ownership development. (bb) Tenure shall mean the financial arrangement and ownership structure under which an occupant lives in a housing unit. The two primary types of tenure are rental, in which rent is paid by the occupant to a landlord, and ownership, where the occupant(s) has/have acquired title to the unit (with or without a mortgage).
(cc) Very Low-Income Household is defined in HSC Section 50105.

21.17.030 Applicability
(a) Applicability. This section shall apply to all residential developments where the lots or units will be offered for sale or for rent.
(b) Exemptions. The provisions of this Chapter shall not apply to the following projects:
(1) Projects that do not include a residential component. (2) Any project that provides affordable housing in a manner that is equivalent to or better than the requirements of this Chapter, such as for example a project that has greater, deeper, and longer affordability covenants than required by this Chapter. (3) Accessory Dwelling Units.
(4) Residential Development Projects that consist only of less than 10 units including ADUs (each ADU counted as one-half unit).
(5) Residential Development Projects on property with vested rights in effect on the effective date of this Chapter, including:

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(A) Property that is part of a Vesting Tentative Map.
(B) Development that is part of an existing Development Agreement with the City. (6) Construction of a dwelling unit to replace a previously existing dwelling unit on the same lot that was demolished or destroyed within the last five (5) years. (A) A project shall provide at least as many residential dwelling units as the greatest number of residential dwelling units that existed on the Property within past 5 years.
(B) Protected units must be replaced with new units consisting of the same number of bedrooms at the same income level as the protected unit with specified exceptions for single-family dwellings being built and single-family dwellings being replaced. (Government Code Section 66300(d)(2).)
(7) Residential Development Projects exempted by state law. (8) Mobile homes.
(9) Remodels and additions to single-family homes.

21.17.040 Inclusionary Housing Requirements
All new Residential Development Projects shall include Inclusionary Units. Calculations of the number of Inclusionary Units shall be based on the number of dwelling units in the Residential Development Project, excluding any density bonus units allowed pursuant to DBL. All required Inclusionary Units shall be built on the same site as the Residential Development Project. (a) Inclusionary Requirement. All new Residential Development Projects shall rent or sell fifteen percent of the units at an affordable housing cost. The fifteen percent total may be achieved using any combination of percentage of units affordable to Extremely Low-, Very Low, and Low-Income Households. The fifteen percent may also be achieved using a combination of built units and the payment of in-lieu fees.
(b) Fractional Units. When the application of the percentages specified in Section 21.17.040(a) results in a number that includes a fraction equal to one-half (0.5) or more, the fraction shall be rounded to the next higher whole number. If the result includes a fraction less than one-half (0.5), the applicant shall have the option of rounding up to the next whole number and providing the Inclusionary Unit or paying a fee in lieu of providing the fractional Inclusionary Unit. (c) State Density Provisions. Any Inclusionary Units provided on site in compliance with this Chapter may be used to qualify for a density bonus as defined in DBL. (d) Affordable Housing Agreement. The applicant shall execute a written agreement with the City to determine project compliance with the requirements of this Chapter.

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(e) Construction Timing. All Inclusionary Units shall be constructed and occupied in proportion to the number of Market Rate Units constructed and occupied as measured on an annual basis. A larger number of Inclusionary units can be constructed and occupied earlier than the same proportion of Market Rate Units.

21.17.050 In-Lieu Fee option
As an alternative means of compliance, a developer of a Residential Development Project may pay a fee in lieu of providing onsite Inclusionary Units.
(a) Purpose. This in-lieu fee is an option that may serve as an alternative to the provision of on-site inclusionary units as otherwise required by Section 21.17.040. Nothing in this Chapter shall deem or be used to deem the in-lieu fee authorized in this section as an ad hoc exaction, as a mandated fee required as a condition to developing property, or as a fee subject to the analysis in Building Industry Association of Central California v. City of Patterson, 171 Cal.App.4th 886 (2009) and subsequent applicable precedent.
(b) Amount. In-lieu fees shall be set by resolution of the City Council and shall be an amount sufficient to pay the proportionate cost of providing Inclusionary Units elsewhere in the City. The fee shall be periodically reviewed and updated by the City Council. The amount of in lieu fees shall be included in the City's master fee schedule and may be adjusted annually for inflation using an appropriate index, as determined by the City Council.
(c) Timing of Payment. Payment of in-lieu fees shall be due at, and as a condition precedent to, the issuance of building permits for all Residential Development Projects. In the event of a phased Residential Development Project, i.e., units constructed in phases, in-lieu fees shall be paid prior to issuance of each building permit in the proportion that the phase bears to the overall Residential Development Project. The fees shall be calculated based on the fee schedule in effect at the time the permit is used.
(d) Use. The City shall use in-lieu fees paid under this Chapter to support the development of new housing (or newly converted units) affordable to Extremely Low-, Very Low-, and Low-Income Households on sites in the City, and/or to improve and preserve the existing supply of affordable housing in the City. In-lieu fees paid under this Chapter may also be used to support appropriate Inclusionary Housing Program implementation and enforcement, provided the fees allocated toward these activities are established by City Council resolution per Section 21.17.070(b). (e) Density Bonus. Any inclusionary units satisfied through the payment of an in-lieu fee shall not be used as the basis for a density bonus as provided by state law.

21.17.060 Inclusionary Unit Standards
The following standards shall apply to all Inclusionary Units built to satisfy the requirements of this Chapter.
(a) Recipient Requirements. All inclusionary units shall be sold or rented to:
(1) Extremely Low-, Very Low-, or Low-Income Households;

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(2) The City of Fountain Valley, the Fountain Valley Housing Authority, or their designee(s). (b) Physical Characteristics and Quality. The Inclusionary Units within a Residential Development Project shall:
(1) Have an average square footage of at least eighty-five percent of Market Rate Units within the same Housing Type (detached single family, attached single family, or multi-family) with the same bedroom count.
(2) Be developed with the same bedroom count ratio as the Market Rate Units within the same Housing Type.
(3) Have the same interior finishes and features as the Market Rate Units. (4) Have the same exterior design and overall quality of construction as the Market Rate Units.
(5) Have garages in the same proportionality as Market Rate Units. (c) Housing Type and Tenure. The Inclusionary Units within a Residential Development Project can:
(1) Be different in Housing Type and Tenure than those of Market Rate Units, provided the Housing Type is permitted by the underlying zoning.
(2) For For-Sale Single-Family Residential Development Projects zoned exclusively for singlefamily detached housing, an inclusionary housing project may include Attached SingleFamily Dwelling Units if necessary to accommodate a density bonus. (d) Location. All Inclusionary Units shall have the same vehicular and pedestrian access to common open space and shared facilities in the Residential Development Project as do the Market Rate Units.
(e) Eligibility Screening. The Operator shall screen prospective homebuyers or renters of Affordable Units, with oversight from the Administrator. Buyers of Affordable Units shall enter into an agreement with the City. Occupants must be selected by means of an open, public process that ensures that individuals of a group of interested participants are selected in accordance with City policy and State law. Private selection of individuals by project owners or developers (or their representatives) is not permitted for any Affordable Units. (f) Certification of Homebuyers. The developer as to the initial sale of a For-Sale unit, and all subsequent owners of an Inclusionary Unit offered for sale shall certify under penalty of perjury, on a form provided by the City (or Housing Authority), the income of the homebuyer household (purchaser) and that such owners will live in the Inclusionary Unit as their primary personal residence.
(g) Ongoing Affordability of For-Sale Units. In order to maintain the availability of For-Sale Inclusionary Units constructed pursuant to this Chapter, the following requirements shall apply to Inclusionary Units, as documented through an Affordable Housing Agreement:

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(1) The Affordable Sales Price of For-Sale Inclusionary Units shall be restricted to a period of 55 years (“For-Sale Affordability Period”), as documented through an Affordable Housing Agreement and as the same is recorded in the Official Records. (2) The Affordable Sales Price shall reset upon resale of the unit(s) to the qualified successor household, as homebuyer at resale, based on the then-current state income and Affordable Housing Cost thresholds.
(A) In order to maintain the availability of the ownership Inclusionary Units, the resale price shall be limited to the lesser of the fair market value of the units as established by an independent licensed real estate agent based upon three comparable properties or the restricted resale price. For these purposes, the restricted resale price shall not exceed the Affordable Housing Cost applicable to the unit at such time of resale. As to determining fair market value, the real estate agent or first mortgage lender for the buyer may use the Fannie Mae Desktop Underwriter (DU) as an acceptable method of valuation of the subject unit (3) The owner shall occupy the Inclusionary Unit as the owner's principal place of residence within 60 days of the owner's receipt of a certificate of occupancy for the unit. (4) The owner shall reside in the Inclusionary Unit for at least 10 months out of each calendar year to be considered as occupying the Inclusionary Unit. (5) The owner shall not lease or rent the Inclusionary Unit or any portion of the Inclusionary Unit to another party. Any lease of the Inclusionary Unit or a portion of the Inclusionary Unit will constitute a default under the requirements of this Chapter. (6) Upon the death of an owner of an owner-occupied Inclusionary Unit, title to the property may transfer to the surviving joint tenant, or to an heir in the case of the death of a sole owner or all owners of the household. In connection with the resale of the unit by the surviving joint tenant or heir, all requirements of this Chapter apply. (7) If an ownership Inclusionary Unit is sold for an amount in excess of the resale price controls required by this Chapter, the buyer and the seller shall be jointly and severally liable to the City for the amount in excess of the Affordable Housing Cost at the time of such resale. Recovered funds shall be deposited into the Inclusionary Housing Fund.

Notwithstanding the foregoing, the City may allow the buyer and seller to cure any violation of the resale price controls within 90 days.
(h) Ongoing Affordability of Rental Units. In order to maintain the availability of Inclusionary Units constructed pursuant to this Chapter, all Rental Inclusionary Units shall remain affordable for 55 years (“Rental Affordability Period”), as documented through an Affordable Housing Agreement (and Regulatory Agreement) as the same is recorded in the Official Records. (1) The owner of any Rental Residential Development Project shall certify on a form provided by the City of the household income (all adult members of tenant household) at the time of initial rental and annually thereafter.

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(2) Any owner, as lessor or landlord, that leases or rents an Inclusionary Unit in violation of this Chapter shall be required to forfeit to the City all money so obtained. Further, then existing tenants who were overcharged above Affordable Rent shall receive a cash rebate or credit as to future rent of the unit, and prior tenants shall be traced by the owner/landlord using reasonable methods to identify then current location of such prior tenants and each such shall receive a cash rebate equal to the amount overcharged that exceeded Affordable Rent for such unit(s). The funds for prior tenants who cannot be traced shall be remitted to the City and deposited into the Inclusionary Housing Fund. (i) Affordability Covenants in Affordable Housing Agreement (and Regulatory Agreement); Documentation. The owner, as developer, shall be required to execute standard documents, in a form approved by the City Attorney, to ensure the continued affordability of the Inclusionary Units approved for each Residential Development Project. The documents may include, but are not limited to, Affordable Housing Agreements, Regulatory Agreements, inclusionary housing agreements, promissory notes, deeds of trust, resale restrictions, rights of first refusal, options to purchase, covenants related to property management, property maintenance (interior and exterior), and/or other covenants and documents. The affordability and related covenant documents shall be recorded in the Official Records against the Residential Development Project, all Inclusionary Units, and any site subject to the provisions of this Chapter.

21.17.070 Implementation and Enforcement
(a) Administration. The City Council, by resolution, may from time to time adopt procedures, policies, rules, and requirements, including the adoption of processing and administrative fees, to implement, administer, and/or enforce the provisions of this Chapter. (b) Establishment of Administration Fees by Resolution. The City Council, by resolution, may establish fees for the ongoing administration and implementation of this Chapter and the monitoring of the affordable units. These fees may be updated periodically, as required. (c) Enforcement. The City Attorney is authorized to enforce the provisions of this Chapter and all Affordable Housing Agreements, regulatory agreements, covenants, resale restrictions, promissory notes, deeds of trust and other implementing instruments and requirements placed on Inclusionary Units by civil action and any other method permitted by law. The City may take such enforcement action as is authorized under this Code and/or any other action authorized by law or by any regulatory document, restriction, or agreement executed under this Chapter. Any individual who sells or rents an Inclusionary Unit in violation of the provisions of this Chapter, the Inclusionary Housing Plan, or the Affordable Housing Agreement shall be required to forfeit to the City all monetary amounts obtained in violation of those provisions. Recovered funds shall be deposited into the Inclusionary Housing Trust Fund. (d) Forfeiture for Violation. Certain forfeiture provisions are set forth above for ownership and rental Inclusionary Units.
(e) Applicability of Provisions. The provisions of this Chapter shall apply to all owners, developers, their agents, successors, and assigns that propose a residential development, occupy an Inclusionary Unit, or both. All Inclusionary Units shall be sold or rented in accordance with this Chapter and any regulations and administrative guidelines adopted pursuant to this Chapter.

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(f) Project Approval, Permitting, and In-lieu Fees. No permit, license, map, or other approval or entitlement for a Residential Development Project shall be issued until all applicable requirements of this Chapter have been satisfied.
(1) Project approval. No ministerial or discretionary approval shall be issued for a Residential Development Project subject to this Chapter until the applicant has submitted and the Community Development Director has approved an Inclusionary Housing Plan. (2) Issuance of building permit. No building permit shall be issued for a Residential Development Project subject to this Chapter unless the Affordable Housing Agreement has been recorded encumbering the subject project site. (3) Issuance of certificate of occupancy. Certificates of occupancy shall only be issued:
(A) For Market Rate Units, up to the proportion of certificates of occupancy issued for Inclusionary Units. For example, if five percent of the fifteen percent of Inclusionary Units are to receive a certificate of occupancy, then up to one-third of the Market Rate Units can receive a certificate of occupancy.
(B) For Market Rate Units if the approved Inclusionary Housing Plan has been fully or at least proportionally implemented (proportional if the Residential Development Project is to be built in phases).
(C) For Market Rate Units, in the case of compliance through in-lieu fees, once all inlieu fees have been paid for the entire Residential Development Project. (D) For Inclusionary Units as soon as they are eligible. (g) Annual Monitoring. Homeowners will receive an annual monitoring notice from the City to confirm the owner-occupancy requirement and prohibitions against rental of the dwelling unit.

The review will provide owners with an opportunity to become familiar with the guidelines of the Inclusionary Housing Program and any changes in adopted policies and procedures. For rental units, an annual monitoring notice from the City will be sent to all owners or the designated management agencies to confirm residents are eligible to occupy, and continue to qualify for occupancy, of the Affordable Units.
(h) Affordable housing funds. Housing in-lieu fees collected by the City pursuant to this Chapter shall be deposited into an Inclusionary Housing Fund that is maintained, separately accounted for, and used by the City in the site acquisition, development, on- or off-site infrastructure, rehabilitation, program administration, or preservation of affordable housing, either directly by the City or in partnership with a third-party affordable housing developer. ...“
SECTION 9
Section 21.14.070 is hereby repealed as follows:

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“…

21.14.070 Housing opportunity overlay.
(a) Purpose. The housing opportunity overlay district (-HO) is intended to provide for the availability of housing sites to meet the projected future new housing construction needs identified in the Regional Housing Needs Assessment (RHNA). The housing opportunity overlay establishes alternative land use and development standards for sites identified in the city of Fountain Valley’s adopted general plan housing element.
(b) Applicability. The provisions of this section apply to proposed land uses and development in addition to all other applicable requirements of this title. In the event of any conflict between the provisions of this chapter and any other provision of this title, the most restrictive shall control. (c) Development Standards. Development standards for the housing opportunity district shall apply to the following:
(1) Housing Opportunity Overlay District Area #1 (-HO1). Development standards for the sites identified as (-HO1) on the city of Fountain Valley Zoning Map shall comply with the provisions of Sections 21.08.020(2) (Garden Homes) and all applicable standards of Title 21 of the Fountain Valley Municipal Code.
(A) Permit Required. Residential uses identified in Table 2-2 of Section 21.08.030 of this title shall be permitted as a matter of right, subject to the development standards applicable to residential uses identified in Section 21.08.020(2).
(B) Allowed Uses. Uses within housing opportunity overlay district area #1 (-HO1) shall be reserved for residential uses only. Applicants shall be permitted to request a waiver of the provisions stated in subsection (a) for nonresidential uses identified in the base zone. Any waiver request shall demonstrate the availability of appropriately zoned alternative sites to accommodate the remaining RHNA target need prior to granting the waiver request.
(2) Housing Opportunity Overlay District Area #2 (-HO2). Development standards for the sites identified as (-HO2) on the city of Fountain Valley Zoning Map shall comply with the provisions of Section 21.08.020(5) (High Density Multiple Dwelling Unit) and all applicable standards of Title 21 of the Fountain Valley Municipal Code.
(A) Minimum Density Requirements. Development shall be permitted at a minimum density of thirty dwelling units per gross acre.
(B) Permit Required. Residential uses identified in Table 2-2 of Section 21.08.030 of this title shall be permitted as a matter of right, subject to the development standards applicable to residential uses identified in Chapter 21.08.
(C) Allowed Uses. Uses within housing opportunity district area #2 (-HO2) shall be reserved for residential uses only. Applicants shall be permitted to request a waiver of the provisions stated in subsection (c)(2)(B) for nonresidential uses identified in the base zone. Any waiver request shall demonstrate the availability of appropriately zoned alternative sites to accommodate the remaining RHNA target need prior to granting the waiver request.

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…”
SECTION 10
Section 21.08.020(5) is hereby amended as follows:
“…
(5) R4 (High Density Multiple Dwelling) District. The R4 zoning district applies to areas appropriate for higher intensity, multifamily residential units. The maximum density is twenty thirty dwelling units per net acre. The R4 zoning district is consistent with the high density residential land use designation of the general plan.
…”
SECTION 11
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 12
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.
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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
___________________________
Attorneys for the City
City of Fountain Valley

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ORDINANCE NO.__________

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FOUNTAIN VALLEY APPROVING ZONING MAP AMENDMENT NO. 437 TO CHANGE THE ZONING MAP DESIGNATION FOR NINE (9) OPPORTUNITY SITES TO

ALIGN WITH THE GENERAL PLAN LAND USE MAP DESIGNATIONS FOR THE 2045 GENERAL PLAN UPDATE
WHEREAS, the City of Fountain Valley has initiated a request to change the Zoning Map Designation of nine (9) Opportunity Sites (“Sites”) to align with the General Plan Land Use Map designations for the 2045 General Plan Update; and WHEREAS, the Sites and their proposed changes include:
• 16650 Harbor Boulevard from M1-Manufacturing to R5-Very High Density Residential;
• 16800 Magnolia Street (Boomers) from C2-General Commercial to MU2-Mixed Use 2;
• 11701-11765 Edinger Avenue (Golden Triangle) from C1-HO2 – Local Business with Overlay to R5-Very High Density Residential; • 16101-16225 Harbor Boulevard (Harbor Shopping Center) from C1-Local Business to MU2-Mixed Use 2;
• 16300 Euclid Street (Miller Property) from R1-Single-Family Residential to R4- High Density Multiple Dwelling;
• 9736 Ellis Avenue (Smith Farms) from R1-Single-Family Residential to GHGarden Homes; • 10100-10150 Warner Avenue (Warner Square) from C1-Local Business to MU1-Mixed Use 1;
• 17101 Bushard Street from C1-Local Business to PI-Public Institutional; • 17737 Bushard Street from PI-Public Institutional to R1-Single-Family Residential; and
WHERAS, the 2021-2029 Housing Element, approved through Resolution No. 9853 by the City Council on October 4, 2022 and certified by the State Housing Community Development Department (“HCD”) on October 13, 2022, lists the Sites listed above as Opportunity Sites to meet the City’s Regional Housing Needs Assessment (RHNA) allocation of 4,839 units. The Housing Element identifies these Sites in “Figure H-1 Housing Sites Inventory” and “Table H-22 Housing Sites Inventory” with low income units, anticipated the Land Use designation of the General Plan, and anticipated consistent Zoning for each Site; and
WHEREAS, the Zoning Map Amendment would change the Zoning Map designation of each of the Sites listed above and as shown in “Exhibit A” through “Exhibit I” to align with the change in the General Plan Map land use designation for the 2045 General Plan Update;

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and
WHEREAS, the City has complied with the requirements of the Government Code Section 65300 et seq., the current State of California General Plan Guidelines, and the City’s applicable ordinances with respect to review and consideration of the proposed Zoning Map Amendments; and
WHEREAS, such petition was processed by the Planning Commission in a time and manner prescribed by State and local law; and
WHEREAS, a public hearing was conducted by the Planning Commission on October 25, 2023 at which time interested persons had an opportunity to testify in support or opposition to the proposal; and
WHEREAS, the Fountain Valley Planning Commission considered the proposed Zoning Map Amendment No. 437 at a duly noticed public hearing on October 25, 2023, and by a vote of 3-2 approved Resolution No. 23-27 recommending the City Council approve Zoning Map Amendment No. 437 to change the Zoning Map Designation for nine (9) Opportunity Sites to align with the General Plan Land Use Map designations for the 2045 General Plan Update; and
WHEREAS, on November 21, 2023, the City Council held a duly noticed public hearing to consider Zoning Map Amendment No. 437; and
WHEREAS, the proposed Zoning Map Amendment No. 437 has been publicly noticed in accordance with State Law and the Fountain Valley Municipal Code; and NOW, THEREFORE, the City Council of the City of Fountain Valley does ordain as follows:

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was determined based on the CEQA Guidelines Appendix G Checklist, and comments received in response to the NOP. The Notice of Availability (NOA) for the Draft EIR was sent to interested persons and organizations, sent to the State Clearinghouse in Sacramento for distribution to public agencies, posted at the City of Fountain Valley’s website, and published in the Fountain Valley View. The NOA was posted at the Orange County Clerk’s office on June 8, 2023. The Notice of Availability of the Draft EIR was published in the Fountain Valley View on June 8, 2023. • A Final EIR was prepared that includes responses to comment letters received during the 45-day public review period. Pursuant to Public Resources Code Section 21092.5, a copy of the Final EIR was distributed all commenting governmental agencies and departments at least 10 days prior to certification of the final EIR. • Both the Draft and Final EIR were made available at City Hall and online at:
https://www.fountainvalley.org/1282/General-Plan-Update.

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

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

The proposed Amendment to change the Zoning Map Designation of nine (9) Sites to align with the General Plan Land Use Map designations for the 2045 General Plan Update will be consistent with the 2021-2029 Housing Element. Housing Element Program 1a, Program Category #1 Goal 1 states that the City shall amend the General Plan and Development Code to ensure sufficient capacity to accommodate the City’s 2021-2029 RHNA allocation and to require a minimum of 20 and allow 30 du/ac or greater on all sites listed in the sites inventory. Zoning Map Amendment No. 437 will align the Zoning Map with the 2045 General Plan Update Land Use Map to help meet the City’s Regional Housing Needs Assessment (RHNA) allocation of 4,839 units, including 2,093 units affordable to lower income households, 834 units affordable to moderate income households, and 1,912 units affordable to above-moderate income households.

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

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between the Zoning Map and the General Plan Land Use Map as required by State Law Section 65860.

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

4. Additional Finding for Zoning Map Amendments. The site(s) is/are physically suitable (including access, provision of utilities, compatibility with adjoining land uses and absence of physical constraints) for the requested zoning designation(s) and anticipated land use development(s).

The Sites are appropriate to accommodate the Zoning Map Amendments as attached in “Exhibit A” through “Exhibit I.” The General Plan Update Environmental Impact Report analyzed each site and determined each site is physically suitable for the requested zoning designations and anticipated land use development.

SECTION 4
The City Council finds that the amendments noted in Zoning Map Amendment No. 437 as set forth in “Exhibit A” through “Exhibit I”, and attached hereto, are consistent with the Fountain Valley Municipal Code, as well as the Fountain Valley General Plan.

SECTION 5
If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the ordinance. The City Council declares that it would have passed this ordinance and each and every section, subsection, sentence, clause or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would subsequently be declared invalid or unconstitutional.

SECTION 6
The City Clerk shall certify to the adoption of this ordinance and cause it to be published as required by law. This ordinance shall become effective thirty (30) days after the date of its adoption.
//
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//
//
//
//
//
//
//
//
//
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//
PASSED AND ADOPTED by the City Council of the City of Fountain Valley at a regular meeting this 19th day of November, 2023.

ATTEST:
____________________________
Kim Constantine, Mayor

Rick Miller, City Clerk

APPROVED AS TO FORM

HARPER & BURNS LLP
_________________________________
Attorneys for the City
City of Fountain Valley
ATTACHED: “EXHIBIT A”
“EXHIBIT B”
“EXHIBIT C”
“EXHIBIT D”
“EXHIBIT E”
“EXHIBIT F”
“EXHIBIT G”
“EXHIBIT H”
“EXHIBIT I”

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Exhibit A

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16650 Harbor Boulevard

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Exhibit B
16800 Magnolia Street

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Exhibit C
11701-11765 Edinger Avenue

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Exhibit D
11601-16225 Harbor Boulevard

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Exhibit E
16300 Euclid Street

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Exhibit F
9736 Ellis Avenue

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Exhibit G
10100-10150 Warner Avenue

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Exhibit H
17101 Bushard Street

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Exhibit I
17737 Bushard Street

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%&'(405
%&'(405
Santa Ana
Costa Mesa
Westminster
Huntington
Beach
Huntington
Beach

MACARTHUR BLVD HARBOR BLVD

GISLER AVE

WARNER AVE

WARD ST

NEWHOPE ST

HYLAND AVE

MCFADDEN AVE

BUSHARD ST

HEIL AVE

SOUTH COAST DR
BA

YORKTOWN AVE KER ST

NEWLAND ST

SLATER AVE

WARNER AVE

MAGNOLIA ST

EUCLID ST

BROOKHURST ST

BUSHARD ST

NEWLAND ST

GARFIELD AVE

SEGERSTROM AVE

TALBERT AVE

SUNFLOWER AVE

ELLIS AVE

BROOKHURST ST

EDINGER AVE

MAGNOLIA ST

WARD ST
Fountain Valley City Limit
Fountain Valley SOI
(R1) Single Family Residential
(R2) Low Density Multiple Dwelling
(R3) Medium Density Multiple Dwelling
(R4) High Density Multiple Dwelling
(R5) Very High Density Residential
(GH) Garden Homes
(MU1) Mixed Use 1
(MU2) Mixed Use 2
(C1) Local Business
(C2) General Commercial
(CP) Commercial, Administrative, Professional Office
(M1) Manufacturing
(SP) Specific Plan
(PI) Public Institution
(A1) General Agriculture
(P/OS) Parks and Open Space
Flood Control Channel
SOI
0 0.25 0.5
Mi
Source: PlaceWorks 2022 Date: 10/19/2023
Proposed Zoning

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CITY OF FOUNTAIN VALLEY

CITY COUNCIL

COUNCIL ACTION REQUEST
To: Honorable Mayor and Agenda Date: November 21, 2023
Members of the City Council
SUBJECT: 1) Waive the bidding requirements pursuant to FVMC 2.36.070 Par 4 and authorize staff to issue a purchase order to National Auto Fleet Group for the purchase of four (4) new 2024 Dodge Durango Pursuit AWD vehicles for $201,887.76 through the existing cooperative contract with Sourcewell; and 2) Authorize staff to dispose of the existing vehicles by means that best meet the City’s needs
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:

Staff is requesting that City Council 1) waive the bidding requirements pursuant to FVMC

2.36.070 Par 4 and authorize staff to issue a purchase order to National Auto Fleet Group for the purchase of four (4) new 2024 Dodge Durango Pursuit AWD vehicles for $201,887.76 through the existing cooperative contract with Sourcewell; and 2) authorize staff to dispose of the existing vehicles by means that best meet the City’s needs.

The City budgets to replace four (4) police patrol vehicles annually to ensure that the fleet continues to meet the City’s public safety needs. The FY 2023/24 Fleet Management Fund provides $320,000 for the replacement of four (4) police patrol vehicles ($80,000 per patrol vehicle) in accordance with the 4-year life cycle established by the City.

Production issues, factory closures, the United Auto Workers strike and a growing backlog of orders are making it very difficult to get the Ford Police Interceptor Utility Non-Hybrid, the City’s preferred patrol unit. The City still has not received the four (4) patrol units ordered in September 2022, and orders placed now will most likely not be delivered until 2025.

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Purchase of Police Patrol Vehicles
November 21, 2023

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Given the heavy use of the patrol unit fleet and the shortage of functioning patrol units, Police Department and Fleet staff have identified the Dodge Durango Pursuit AWD vehicle as a comparable, alternative vehicle to meet the needs of the Police Department in FY 2023/24.

DISCUSSION:

Police patrol vehicles have a 4-year life cycle, and the City budgets to replace four (4) police patrol vehicles annually to ensure that the fleet continues to meet the City’s public safety needs. Staff has determined through decades of experience with the operation and maintenance of these vehicles that a 4-year life cycle maximizes cost efficiency while providing a vehicle that meets the City’s public safety needs.

Staff regularly evaluates police patrol units in the fleet to determine which units are of the highest priority for replacement. At this time, the following units are proposed for replacement in FY 2023/24 and meet the City’s criteria for replacement of police patrol vehicles.

Unit # Description Model
Year
Mileage Condition Notes
418 Ford Police Interceptor Utility 2022 13881 Collision – Totaled – Will Not Return to Service
400 Dodge Charger 2019 79912 Age/Mileage
401 Dodge Charger 2019 78943 Age/Mileage
402 Dodge Charger 2019 84880 Age/Mileage
Once the new patrol vehicles are received, staff will re-evaluate the patrol fleet to determine if these vehicles are still the highest priority for replacement or if other vehicles need to be prioritized based on their condition.

On February 16, 2021, City Council approved the transition of the police patrol fleet from the Dodge Charger Pursuit vehicle to the Ford Police Interceptor Utility vehicle. This transition began in FY 2021/22 when the City purchased and received four (4) Ford Police Interceptor Utility Non-Hybrid patrol units. In FY 2022/23, the City ordered another four (4) Ford Police Interceptor Utility Non-Hybrid patrol units expecting to receive them in early 2023. However, due to production issues, factory closures, the United Auto Workers strike and a growing backlog of orders, the City has yet to receive these vehicles. If the City places its standard order of four (4) Ford Police Interceptor Utility Non-Hybrid patrol units for FY 2023/24, sales representatives anticipate they will not be delivered until 2025, which is not acceptable for our City’s needs.

The Police Department’s current patrol vehicle fleet has continued to age. The Dodge Chargers, especially the older ones which should have been rotated out of service with the arrival of the Ford Police Interceptor Utility vehicles last fiscal year, have had maintenance issues forcing several of them to be taken out of service for long periods of time. This has caused a shortage of functioning patrol vehicles, a situation that will worsen as current vehicles are forced to be used beyond their regular life cycles.

With Dodge discontinuing the Dodge Charger Pursuit vehicle, there are limited options available to meet the needs of the Police Department. Dodge does offer the Durango Pursuit

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Purchase of Police Patrol Vehicles
November 21, 2023

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AWD vehicle, which is similar in size and functionality to the Ford Police Interceptor Utility vehicle currently used by the City. Police staff have driven and evaluated the Dodge Durango Pursuit AWD vehicle and determined that it meets the Police Department’s needs in regards to performance and size. The vehicle is available with a 3.6L V6 engine or a 5.7L V8 HEMI. In discussions with Fleet Management, the City’s current Dodge Chargers with the V8 HEMI engine have performed better and had fewer maintenance issues than the Chargers with V6 engines. In addition, many municipal Orange County police agencies have transitioned their patrol vehicles to the V8 Dodge Durango and have provided positive reviews of the vehicle.

Sales representatives indicate that the Dodge Durango Pursuit AWD patrol vehicle is readily available to be manufactured, so production time and delivery should be expedited.

Therefore, although the Ford Police Interceptor Utility Non-Hybrid vehicle remains the Police Department’s preferred patrol unit, Police Department and Fleet staff believe that it is in the best interest of the City to purchase four (4) Dodge Durango Pursuit AWD patrol vehicles in FY 2023/24 to increase the reliability and effectiveness of the patrol vehicle fleet.

Staff has identified an existing cooperative contract through Sourcewell, formerly the National Joint Powers Alliance (NJPA), that can be used for the purchase of these vehicles. Sourcewell combines the buying power of 50,000 government, education, and nonprofit organizations through nationally, competitively solicited cooperative contracts. Cooperative purchasing is “Procurement conducted by, or on behalf of, one or more Public Procurement Units” as defined by the American Bar Association Model Procurement Code for State and Local Governments.

Sourcewell’s rigorous process streamlines the procurement process by developing Invitation for Bids and Request for Proposals for national, competitive solicitations that meet or exceed local requirements. Sourcewell issued a Request for Proposal (RFP) in July 2021 for the procurement of automobiles, SUVs, vans, and light trucks with related equipment and accessories. The RFP was publicly advertised. Thirteen proposals were received in September 2021 and were evaluated based on eight criteria with pricing being the most heavily weighted.

Based on that process, National Auto Fleet Group was the highest ranked and awarded a cooperative contract (Contract #091521-NAF) by Sourcewell. The City can utilize the cooperative contract with National Auto Fleet Group through Sourcewell to purchase the vehicles at a competitive price in compliance with the City’s purchasing policy.

Section 2.36.070 Par 4 of the Fountain Valley Municipal Code authorizes the procurement of goods and services without formal bidding under the following circumstance: “When participating in cooperative contracts with another government agency.” The total cost to purchase the four (4) new Dodge Durango Pursuit AWD vehicles utilizing the existing cooperative contract through Sourcewell is $201,887.76.

Replacing the police patrol vehicles as scheduled will support the City’s strategic goals of enhancing the culture and environment of “A Nice Place to Live” and attracting and retaining quality staff. By the time the patrol vehicles are due for replacement, they are worn out as a result of their heavy daily use. Replacing the police patrol vehicles as scheduled decreases vehicle downtime, increases fleet reliability and enhances community and officer safety. New

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Purchase of Police Patrol Vehicles
November 21, 2023

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vehicles and the modern equipment they are outfitted with provide officers the tools they need to continue effectively serving and protecting the community.

FISCAL REVIEW:

The FY 2023/24 budget allocates a total of $320,000 ($80,000 per vehicle) in the Fleet Management Fund – Police Department, ISF – Fleet Capital – PD Passenger Cars account (112.70.70052.55544) for the purchase and outfitting of four (4) police patrol vehicles. The Dodge Durango Pursuit AWD vehicles cost $50,471.94 each, for a total cost of $201,887.76.

After purchasing the four (4) vehicles, there will be $118,112.24 remaining to outfit the vehicles.

FY 2023/24 Budget for 4 Police Patrol Vehicles (112.70.70052.55544) $ 320,000.00 2024 Dodge Durango Pursuit AWD Vehicle – Qty. 4 ($50,471.94 ea.) $ 201,887.76* Amount Remaining for Outfitting of Vehicles $ 118,112.24 *Includes sales tax and tire fees
The outfitting of the vehicles will be outsourced and managed by the Police Department. If the actual outfitting cost exceeds the budget, the Police Department will return to City Council to request a budget amendment if an additional source of funding is not found.

Therefore, there are sufficient funds to purchase the requested police vehicles.

PUBLIC NOTIFICATION:

Not applicable.

ENVIRONMENTAL IMPACT REVIEW:

Not applicable.

ATTORNEY REVIEW:

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

ALTERNATIVES:

Alternative No. 1: 1) Waive the bidding requirements pursuant to FVMC 2.36.070 Par 4 and authorize staff to issue a purchase order to National Auto Fleet Group for the purchase of four (4) new 2024 Dodge Durango Pursuit AWD vehicles for $201,887.76 through the existing cooperative contract with Sourcewell; and 2) authorize staff to dispose of the existing vehicles by means that best meet the City’s needs. This is the recommended action.

Alternative No. 2: Do not approve the proposal to purchase the Dodge Durango Pursuit vehicles through the cooperative contract and direct staff to obtain multiple quotes for the vehicles. This is not recommended as the cost under the cooperative contract is competitive and provides the best value to the City.

All Sourcewell contracts have been competitively solicited nationally and

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Purchase of Police Patrol Vehicles
November 21, 2023

Page 5 ends

also save considerable staff time and effort over individual requests and specifications with various vendors to meet our procurement needs.

Alternative No. 3: Do not authorize the purchase of the Dodge Durango Pursuit vehicles at this time, and defer and direct staff to return at a future date with an update on the condition of the existing vehicles and the availability of the Ford Police Interceptor Utility vehicle. This is not recommended, as these vehicles should be replaced now due to their age and condition.

RECOMMENDATION:

Staff is requesting City Council approval of Alternative No. 1 to 1) waive the bidding requirements pursuant to FVMC 2.36.070 Par 4 and authorize staff to issue a purchase order to National Auto Fleet Group for the purchase of four (4) new 2024 Dodge Durango Pursuit AWD vehicles for $201,887.76 through the existing cooperative contract with Sourcewell; and 2) authorize staff to dispose of the existing vehicles by means that best meet the City’s needs.

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

1. Quote

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CITY OF FOUNTAIN VALLEY

CITY COUNCIL

COUNCIL ACTION REQUEST
To: Honorable Mayor and Agenda Date: November 21, 2023
Members of the City Council
SUBJECT: Authorize a change order for PO #230210 to change the vehicle description to a new/unused 2024 Ford Super Duty F-350 Reg Cab 4WD XL 84” CA, plus upfit, and increase the amount by $5,798.33 to $117,998.24
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:

Staff is requesting that City Council authorize a change order for Purchase Order (PO) #230210 to change the vehicle description to a new/unused 2024 Ford Super Duty F-350 Reg Cab 4WD XL 84” CA, plus upfit, and increase the amount by $5,798.33 to $117,998.24.

Although PO # 230210 was issued on February 14, 2023, for the purchase and upfitting of one (1) new/unused 2023 Ford Super Duty F-350 Reg Cab 2WD XL 84” CA, plus upfit, for $112,199.91, Ford has not produced the vehicle and is not expected to do so in the near future.

National Auto Fleet Group and the outfitter have identified an opportunity for the City to get a 2024 Ford Super Duty F-350 Reg Cab 4WD XL 84” CA chassis by the end of the month. This vehicle is 4WD, instead of 2WD, and will cost $117,998.24, which is $5,798.33 more than the original PO amount of $112,199.91. The cost includes the purchase of the Ford F-350 chassis, without a truck bed, and the upfitting that includes installing the flatbed, water tank, electric generator, liftgate, arrow board, lightbar, tool boxes, etc.

The vehicle being replaced is Unit #8530, a 2005 Ford F-350 flatbed truck with liftgate that was originally scheduled for replacement in FY 2019/20. It currently has 99,449 miles on it, has far exceeded its expected lifespan of 12 years and is no longer considered a reliable vehicle. If the City does not issue the change order, the City will miss its opportunity to procure the available vehicle and delay the replacement of Unit #8530 even longer.

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PO Change Order for Ford F-350 Truck
November 21, 2023

Page 2 ends

DISCUSSION:

On February 7, 2023, City Council waived the bidding requirements pursuant to FVMC

2.36.070 Par 4 and authorized staff to issue a purchase order (PO) to National Auto Fleet Group for the purchase of one (1) new/unused 2023 Ford Super Duty F-350 Reg Cab 2WD XL 84” CA, plus upfit, for $112,199.91 through the existing cooperative contract with Sourcewell.

City Council also authorized staff to dispose of the existing vehicle, Unit #8530, by means that best meet the City’s needs.

Subsequently, PO #230210 was issued on February 14, 2023, in the amount of $112,199.91.

Although the City had budgeted to replace eight Ford Super Duty trucks in FY 2022/23, this was the only Ford Super Duty truck that the City was able to order due to Ford’s production limitations and backlog of approximately 5 million vehicles. Unfortunately, Ford did not produce the 2023 Ford Super Duty F-350 Reg Cab 2WD XL 84” CA in FY 2022/23.

Meanwhile, Unit #8530, a 2005 Ford F-350 flatbed truck with liftgate that was to be replaced with the new truck, has continued to deteriorate. This vehicle was originally scheduled for replacement in FY 2019/20 and is assigned to Concrete Maintenance to safely transport the heavy equipment necessary for the maintenance and replacement of the City’s sidewalks and other concrete structures. It has 99,449 miles on it, has far exceeded its expected lifespan of 12 years and is no longer considered a reliable vehicle.

On November 3, 2023, the City was notified that it does not look like the chassis originally ordered will be produced. However, the supplier, National Auto Fleet Group, and the outfitter, Scelzi Enterprises, have identified an opportunity to get a 2024 Ford Super Duty F-350 Reg Cab 4WD XL 84” CA chassis by the end of the month. The revised quote provided by National Auto Fleet Group for the purchase and upfit is $117,998.24. This vehicle is 4WD, instead of 2WD, and costs $5,798.33 more than the original PO amount of $112,199.91. The cost includes the purchase of the Ford F-350 chassis, without a truck bed, and the upfitting that includes installing the flatbed, water tank, electric generator, liftgate, arrow board, lightbar, tool boxes, etc.

The reliability of the existing truck fleet continues to deteriorate as the City struggles to find replacements. Therefore, staff is recommending that City Council authorize a change order for PO #230210 to change the vehicle description to a new/unused 2024 Ford Super Duty F-350 Reg Cab 4WD XL 84” CA, plus upfit, and increase the original amount by $5,798.33 from $112,199.91 to $117,998.24.

Replacing the Ford F-350 flatbed truck with liftgate (Unit #8530) assigned to Concrete Maintenance will support the City’s strategic goals of enhancing the culture and environment of “A Nice Place to Live” and attracting and retaining quality staff. Replacing this vehicle decreases vehicle downtime, increases fleet reliability and provides staff with the tools they need to effectively maintain safe sidewalks and other concrete structures.

In addition to Unit #8530, there are 14 Public Works trucks scheduled for replacement in FY 2023/24. Staff will continue to look for opportunities this fiscal year to replace as many of these trucks as possible to improve the reliability of the fleet.

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PO Change Order for Ford F-350 Truck
November 21, 2023

Page 3 ends

FISCAL REVIEW:

There is currently an available budget of $1,803,000 in the Fleet Management Fund in the Public Works Department, ISF – Fleet Capital – PW Trucks/Vans account (112.50.50052.55545) for the purchase of 14 trucks that are scheduled for replacement in FY 2023/24. This amount does not include the $112,199.91 encumbered by PO #230210 in FY 2022/23 for the 2023 Ford Super Duty F-350 Reg Cab 2WD XL 84” CA, plus upfit.

The total cost to purchase and upfit the available 2024 Ford Super Duty F-350 Reg Cab 4WD XL 84” CA is $117,998.24, including sales tax and tire fees. This is $5,798.33 more than the original purchase order amount of $112,199.91.

The purchase will be expensed to the Fleet Management Fund in the Public Works Department, ISF – Fleet Capital – PW Trucks/Vans account (112.50.50052.55545). Given the current market conditions, staff does not anticipate being able to purchase all of the 14 trucks that are scheduled for replacement in FY 2023/24. Therefore, there is sufficient funding in the account for the additional $5,798.33 needed.

Fleet Management Fund
Public Works Department
ISF – Fleet Capital – PW Trucks/Vans Account (112.50.50052.55545) 2024 Ford Super Duty F-350 Reg Cab 4WD XL 84” CA, plus Upfit $ 117,998.24* PO #230210 – 2023 Ford Super Duty F-350 Reg Cab 2WD XL 84” CA, plus Upfit
$ 112,199.91*
Additional Funds Needed $ 5,798.33
*Includes sales tax and tire fees
The trucks that the City is unable to procure this fiscal year will be budgeted for replacement in FY 2024/25.

PUBLIC NOTIFICATION:

Not applicable.

ENVIRONMENTAL IMPACT REVIEW:

Not applicable.

ATTORNEY REVIEW:

ALTERNATIVES:

Alternative No. 1: Authorize a change order for PO #230210 to change the vehicle description to a new/unused 2024 Ford Super Duty F-350 Reg Cab 4WD XL 84” CA, plus upfit, and increase the amount by $5,798.33 to $117,998.24. This is the recommended action.

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PO Change Order for Ford F-350 Truck
November 21, 2023

Page 4 ends

Alternative No. 2: Do not authorize the change order for PO #230210 to allow the City to purchase and upfit a new/unused 2024 Ford Super Duty F-350 Reg Cab 4WD XL 84” CA. This is not recommended as Unit #8530 should be replaced now due to its age and condition. If the City does not issue the change order, the City will miss its opportunity to procure the available vehicle and delay the replacement of Unit #8530 even longer.

RECOMMENDATION:

Staff is requesting City Council approval of Alternative No. 1 to authorize a change order for PO #230210 to change the vehicle description to a new/unused 2024 Ford Super Duty F-350 Reg Cab 4WD XL 84” CA, plus upfit, and increase the amount by $5,798.33 to $117,998.24.

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. PO# 230210

2. Quote

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Vendor
Bill To
Fiscal Year
Department
Purchase Order Date
Purchase Order Number
Ship To

VENDOR PHONE NUMBER VENDOR EMAIL VENDOR NUMBER REQUISITION NUMBER BUYER NAME DELIVERY REFERENCE NOTES
ITEM # DESCRIPTION QUANTITY UOM UNIT PRICE EXTENDED PRICE GL #:

GL #:

Approver Name: Approval Date:

DUPLICATE COPY
101835

NATIONAL AUTO FLEET GROUP
490 AUTO CENTER DR
WATSONVILLE, CA 95076
10200 SLATER AVENUE

FOUNTAIN VALLEY CITY HALL
10200 SLATER AVENUE
FOUNTAIN VALLEY, CA 92708
CTYHLL
00230210

PW - CY - INTERNAL SERVICES
02/14/2023

PLEASE INCLUDE PO NUMBER ON ALL INVOICES,
PACKAGES AND SHIPPING PAPERS.
2023 Page 1 of 1
17300 MOUNT HERRMANN STREET

FOUNTAIN VALLEY CITY YARD
FOUNTAIN VALLEY, CA 92708
CTYYRD
626-457-5590 101835 20230407 BOB TRUMAN
Capital replacement for unit 8630.

The Above Purchase Order Number Must Appear On All Correspondence - Packing Sheets And Bills Of Lading 2023 F-350 Flat Bed with Scelzi Upfit. Council Approved 2-7-2023. Sourcewell contract 1.0000 EACH $102,899.0000 $102,899.00 #091521-NAF
1 112.50.50052.55545 $111,902.66
2 Transportation fee 1.0000 EACH $285.0000 $285.00
112.50.50052.55545 $285.00
3 Tire tax fee 1.0000 EACH $12.2500 $12.25
112.50.50052.55545 $12.25
Purchasing Officer Finance Director
Total Ext. Price
Purchase Order Total
Total Sales Tax
$103,196.25
$9,003.66
$112,199.91
THIS ORDER SUBJECT TO THE TERMS & CONDITIONS ON THE REVERSE SIDE. ALL GOODS & SERVICES MUST BE AS SPECIFIED. DO NOT SUBSTITUTE.

AMANDA MCCALL 02/14/2023

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TERMS AND CONDITIONS

1. There is no acknowledgement copy of this purchase order. Any discrepancies in price, items or delivery, must be phoned to Buyer’s purchasing department within 48 hours of your receipt of this purchasing order. Any correspondence referring to the items, prices and conditions of this order must be directed to Buyer’s purchasing agent, inquiries relative to payment of invoices should be directed to Buyer’s accounts payable.

2. Buyer furnished or paid for items: All artwork, specifications, tools, equipment and other items furnished to Seller, or paid for by Buyer shall (A) remain Buyer’s property or upon acquisition by Seller shall become Buyer’s property; (B) Be safely kept by Seller in good and usable order; (C) Be promptly returned to Buyer.

3. Seller is performing as an independent contractor and, thus, shall hold the Buyer, its officers, agents, and employees, harmless from liability of any nature or kind, on account of used invention articles, process for work on labor performed under this purchase order.

4. Insurance: Seller shall maintain insurance acceptable to Buyer in full force and effect at the Seller’s expense throughout the term of this contract.

5. Freight: Excessive charges from incorrect description or from routing other than given will be charged to Seller’s account.

Packing list must accompany each case or parcel, showing Buyer’s order number. No charges for transportation containers, or any other purpose, will be allowed unless so specified in this order. Freight changes allowable pursuant to the terms FOB point or origin or FOB destination plus freight shall be prepaid by the Seller and must be itemized on the invoice, and a copy of the paid express or freight bill shall be attached to the invoice. COD shipments will not be accepted.

6. Rejections: If any of the goods are found at any time to be defective in material or workmanship, or otherwise not in conformity with the requirements of the order, Buyer, in addition to any other rights which it may have under warranties or otherwise, shall have the right to reject and return such goods at Seller’s expense, such goods not to be replaced without written authorization from Buyer’s purchasing agent. Where quality is questioned on any delivery, any cost of inspection will be against the account of the Seller.

7. Responsibility for supplies: Seller shall bear the risk of loss or damage to the articles covered by this order until delivery of said supplies at the location designated by Buyer or at such other place as may be designated herein regardless of FOB point or the point of inspection. Seller shall also bear the risk of loss or damage to supplies after Buyer gives Seller notice of rejection.

8. Changes: Buyer may, by written order or at any time prior to final delivery, and without notice to sureties, make changes to the general scope of this order in any of the following: Applicable drawings, designs, or specifications, method of shipment or packing, and place or time of delivery. To the extent such change causes an increase or decrease in the cost of, or time required for, the performance of this order, an appropriate equitable adjustment in this order shall be made. Any claim by Seller for adjustment must be asserted in writing within fifteen (15) days of receipt of the change request. Failure to agree to an adjustment shall not excuse the Seller from proceeding with this order as changed.

9. Buyer shall have the right to cancel at any time for Seller’s breach of any provisions of this order, including failure to meet the stated delivery schedule. All or any portion of this order may be cancelled by Buyer if Seller, in Buyer’s judgment, is failing to make sufficient progress so as to endanger performance of this order in accordance with its terms. Buyer reserves the right to terminate the contract without penalty without cause if ten (10) days notice is given or immediately with cause.

10. If Seller breaches this agreement and fails to deliver the goods, services or materials provided herein within the time above set forth or by failing to make sufficient progress so as to endanger performance of this order, then Buyer may terminate this contract and purchase the goods, services or materials from whatever source and Seller shall be liable to Buyer for the difference in price which Buyer is obligated to pay plus all of its costs and expenses in enforcing its rights hereunder. Further, Buyer may offset any such costs or expenses incurred against any of the monies that may be owing to the Seller.

11. Anti-Discrimination Claim: It is the policy of the Buyer that in connection with all work performed under public works, and purchasing contracts, there be no unlawful discrimination against any prospective or active employee engaged in the work because of race, color, sex, ancestry, national origin, or religious creed, and therefore, the Seller agrees to comply with applicable federal and California laws including, but not limited to the California Fair Employment and Housing Act beginning with Government Code section 12900. In addition, the Seller agrees to require like compliance by all sub-contractors employed.

12. Any controversy or claim arising out of or relating to this purchase order or the breach thereof, shall be settled by arbitration at election of either party in accordance with the rules of the American Arbitration Association and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

13. Buyer’s purchase order number must appear on all packages, invoices, and correspondence.

14. Deliveries for all departments must be made as directed. Non-payment may result from merchandise delivered in any other manner. Cash terms shall be predicated on the delivery date of the material as specified or from date correct invoices are received in Buyer’s accounts payable office, if the later date is later than the date of delivery.

15. Seller agrees to furnish Buyer with two-shop maintenance and two operational manuals (which will include writing schematics, part diagrams, alignment date, and parts list) on all purchases of equipment.

16. Warranty: Unless otherwise specified, warranty on quoted equipment shall be five (5) years defective parts and/or workmanship.

17. Seller agrees to make available special replacement parts required to maintain the purchase equipment unless otherwise stipulated at the time of equipment order.

18. Seller guarantees and agrees to indemnify, defend and hold harmless the Buyer against any or all loss, liability, damages, demands, claims or costs arising out of defective material and products. This guarantee is in addition to and not intended as a limitation on any other warranty, express or implied.

19. No assignment by the Seller of the purchase order or any part hereof, or of funds to be received hereunder will be recognized by the Buyer unless such assignment has had prior written approval and consent of the Buyer.

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National Auto Fleet Group
A division of Chevrolet of Watsonville
490 Auto Center Drive, Watsonville, CA 95076
855 BUY-NJPA 626-457-5590
855 289-6572 626-457-5593

Quote ID 010920
November 6, 2023
Bob Truman
City of Fountain Valley
10200 Slater Ave
Fountain Valley, Ca 92708
Delivery Via Email
Dear Mr. Truman
In response to your inquiry, we are pleased to submit the following for your consideration:

National Auto Fleet Group will sell, service and deliver at Fountain Valley, new/unused 2024 Ford Super Duty F-350 DRW (F3H) XL 4WD Reg Cab 84” CA responding to your requirement with the attached specifications for $52,914.00 plus Upfit, State Sales Tax, and $8.75 tire tax (non-taxable). These vehicles are available under the Sourcewell (Formerly Known as NJPA) master vehicle contract# 091521-NAF.

Delivery time 180-220 Days ARO
Terms are net 30 days.

National Auto Fleet Group welcomes the opportunity to assist you in your vehicle requirements.

Kevin Buzzard
National Law Enforcement Sales Manager
National Auto Fleet Group
626-656-8431 O / 714-2641867 C
[email protected]
One Unit
MSRP One Unit Total Savings Total Savings
2024 Ford F-350 4WD XL
84" CA 55,365.00 52,914.00 4.43% 2,451.00
Two Extra Keys 600.00
Scelzi Upftr QT 259820 54,703.00
Sub Total 108,217.00
Sales Tax 9,468.99
Tire Tax 12.25
Transport 300.00
Total 117,998.24

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CITY OF FOUNTAIN VALLEY

CITY COUNCIL

COUNCIL ACTION REQUEST
To: Honorable Mayor and Agenda Date: November 21, 2023
Members of the City Council
SUBJECT: Consider and Adopt a Revised Parliamentary Procedures Policy Three-Year Strategic Goals
☐ Enhance the culture and environment of “A Nice Place to Live” ☐ Attract and retain revenue producing businesses
☐ Achieve fiscal stability in accordance with the 20-Year Financial Plan ☐ Attract and retain quality staff
☒ Not applicable
EXECUTIVE SUMMARY:

The City Council adopted a Parliamentary Procedures Policy in 2018. Since that time, the procedures for handling public comments have changed following COVID. Further, experience suggests a speaker limit be added for applicants. The City Council could also formalize the use of “Vice Mayor” in place of “Mayor Pro Tempore.” The Policy before Council contains suggestions to update each of those matters.

DISCUSSION:

Public Comments
As adopted in 2018, the Policy required persons wishing to address the City Council be personally present. With the increased use of virtual meetings following COVID, many public agencies, including City, have allowed the public to comment virtually. The proposed Policy contains revisions to allow virtual public comments, as follows:

Persons wishing to speak before the City Council must be physically present. Persons wishing to speak before the City Council may do so in person at the Council Meeting or virtually. City makes no guarantee regarding connectivity or technology for remote speakers.

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City Council Request
Adoption of a Revised Council Parliamentary Procedures Policy November 21, 2023

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Speaker Limit for Subject of an Item
The Policy currently contains no limit on the amount of time the applicant or other person/entity that is the direct subject of an agendized item can speak. The proposed Policy adds a 15-minute speaker limit that can be adjusted by the parliamentarian.

Vice Mayor
The proposed Policy adds a provision stating that the Mayor Pro Tempore may be referred to as the Vice Mayor. This was added because the California Government Code uses the phrase “Mayor Pro Tempore” and, therefore, it is desired to have a reference that, in Fountain Valley, Vice Mayor means Mayor Pro Tempore.

FISCAL REVIEW:

There is no fiscal impact related to this item.

PUBLIC NOTIFICATION:

This item has been noticed in compliance with the Brown Act.

ENVIRONMENTAL IMPACT REVIEW:

Not applicable.

ATTORNEY REVIEW:

The Attorney for the City prepared this item.

ALTERNATIVES
Alternative No. 1: Approve the revised Policy on Parliamentary Procedures.

Alternative No. 2: Make further revisions to, and adopt, a revised Parliamentary Procedures Policy.

Alternative No. 3: Do not adopt a revised Policy.

Alternative No. 4: Continue the item for further consideration.

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City Council Request
Adoption of a Revised Council Parliamentary Procedures Policy November 21, 2023

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RECOMMENDATION:

Staff recommends Alternative 1: Approve the revised Policy on Parliamentary Procedures.

Prepared by: Colin Burns, Attorney for the City
Fiscal review by: Ryan Smith, Finance Director
Approved by: Maggie Le, City Manager
Attachment No 1: Revised Council Parliamentary Procedures Policy (Red-Lined) Attachment No 2: Revised Council Parliamentary Procedures Policy (Clean Copy)

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CITY COUNCIL POLICY

PARLIAMENTARY PROCEDURES
Adopted: April 17, 2018
Amended: June 5, 2018
Amended: November 21, 2023
ISSUE: PARLIAMENTARY PROCEDURES FOR CITY COUNCIL MEETINGS PURPOSE:

It is the policy of the City that City Council meetings are open, public, and conducted in compliance with state and federal law, and the municipal code. This policy is meant to ensure openness and provide clarity for the Council, staff, and the public on procedural matters at City Council meetings.

This policy is advisory. The parliamentarian may deviate from this policy for good cause.

Good cause means a lawful reason. Examples of good cause include complying with state or federal law or promoting efficiency. Matters that do not constitute good cause include disagreement with the speaker or the message.

MUNICIPAL CODE:

This policy is meant to supplement, and is subordinate to, the Fountain Valley Municipal Code, which contains the City’s codified rules for conducting public hearings.

ROLE OF THE MAYOR:

In addition to the rights and responsibilities of the Mayor set by statute or the Municipal Code, the Mayor also serves as the ceremonial head of the City. This Policy outlines the City’s vision of the role of the Mayor as ceremonial head of the City.

Awards and Proclamations: The Mayor should present awards and proclamations at City events and Council Meetings. The Mayor should also present a Mayor’s award to recognize exemplary employees.

Events: The Mayor should attend and represent the City in community events and functions, including:

City Events: Mayor’s Breakfast, Strategic Planning Sessions, opening of new City facilities, and employee or volunteer award lunches, etc.

Community Events: Miss Fountain Valley Pageant, Chamber of Commerce Events, Ribbon Cuttings, Eagle Scout Courts of Honor, etc.

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City Council Policy
Parliamentary Procedures for City Council Meetings

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2 Other Local, County, and Regional Activities: Special events or functions of a County or Special District, OCSD, OCTA, etc.

PARLIAMENTARY PROCEDURES:

Parliamentarian
The presiding officer (identified as the Mayor, or in the Mayor’s absence, Mayor Pro Tempore F.V.M.C. 2.04.020) shall act as parliamentarian.

Agenda
Meetings shall be agendized in compliance with the Ralph M. Brown Act (Gov. Code 54950 et seq.).

The City Manager has discretion to determine the order at which items are placed on the meeting agenda. The parliamentarian may change the order of items to be heard during the meeting for any reason.

Presentations
Any Council Member may make a presentation to any group or person. The Council Member may request the City Clerk add a presentation to the agenda at any time (subject to the Brown Act) without a second from another Council Member.

Public Requests to Speak
Persons wishing to speak shall fill out a speaker card and hand it to the City Clerk before Council consideration of the item.

A person may submit written comments to the City Clerk before the meeting. The City Clerk will endeavor to provide the written comments to the Council prior to the meeting and make them available for public inspection. The City Clerk is not required to read written comments out loud during the meeting.

Speaker Time Limits

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City Council Policy
Parliamentary Procedures for City Council Meetings

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Fountain Valley City CouncilNovember 21, 2023

Fountain Valley City Council
November 21, 2023