Agenda — Fountain Valley City Council, January 30, 2024 (part 1 of 2)

AGENDA

CITY COUNCIL/ SUCCESSOR

AGENCY TO THE FOUNTAIN

VALLEY AGENCY

FOR COMMUNITY DEVELOPMENT/

FOUNTAIN VALLEY HOUSING AUTHORITY

Closed Session 4:15 p.m.

Study Session 5:00 p.m.

Adjourned Regular Meeting 6:00 p.m.

Tuesday, January 30, 2024
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 City Council or other government body listed complete a speaker card and give it to the City Clerk prior to the public comment period. Requests to speak will not be accepted after the public comment session begins without permission of the Mayor/Chair. Speakers must limit remarks to a total of (3) three minutes and address the City Council through the Mayor. Comments to individuals or staff are not permitted. Scheduled Matters, including Public Hearings: Indicate on the card what item you want to address. Unscheduled Matters: Indicate on the card what subject matter you want to address. Comments must be related to issues that are within the jurisdiction of the governing body listed on the agenda. Pursuant to the Brown Act, the governing body may not enter into discussion regarding items not on the agenda.

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

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

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

ZOOM LINK INFORMATION
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Topic: City Council Meeting
Time: Jan 30, 2024 06:00 PM Pacific Time (US and Canada) Join Zoom Meeting
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CLOSED SESSION
CALL TO ORDER 4:15 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 REAL PROPERTY NEGOTIATORS
Property: 17101 Bushard Street and 17737 Bushard Street, Fountain Valley, CA 92708 Agency negotiator: Maggie Le, City Manager, Omar Dadabhoy, Community Development Director / Deputy City Manager, Scott Smith, Director of Public Works, Colin Burns, Attorney for the City, Ryan Smith, Finance Director, Bill McQuaid, Fire Chief Negotiating parties: City of Fountain Valley and Laguna Beach County Water District Under negotiation: Price and Terms of Payment

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

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

1. Presentation on the Orange County Power Authority – Presentation by Scott Smith, Public Works Director

2. Group Homes Update – Presentation by Bill Curley, Harper & Burns

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

INVOCATION
SALUTE TO THE FLAG Council Member Kim Constantine

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

ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS

CITY MANAGER / MAYOR UPDATE

PRESENTATIONS
• Certificate of Recognition Presented to Tam Nguyen – Presentation by Mayor Glenn Grandis • Certificate of Recognition to Pizza D’z for their Free Meal Holiday Program – Certificate Presented by Mayor Glenn Grandis
• City of Kindness Recognition to Paul and Christie Araiza • Update from SIFI – Introduction by Scott Smith, Public Works Director

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 card 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 – 8 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. 3.

Receive and File the Draft Minutes of the January 16, 2024 Regular City Council Meeting

Page 6 ends

Approve the Register of Demands for the period of 1/6/2024 to 1/19/2024 Page 13 Recommended Action: Approve the attached Register of Demands representing payments made by the City of Fountain Valley between 1/6/2024 and 1/19/2024 for a total of $7,872,919.68.

4. Second Read and Adoption of An Ordinance Adding Chapters 4.35 Group Homes and 21.29 Group Homes and Amending Section 21.08.030 Residential Zoning District Land Uses and Permit Requirements to the Fountain Valley Municipal Code Page 28 Recommended Action: If the City Council desires to regulate group homes in accordance with the City of Costa Mesa and its ordinance, Staff recommends Alternative No.1: Approve the second read and adoption of an ordinance adding chapters 4.35 Group Homes and 21.29 Group Homes and amending Section 21.08.030 Residential Zoning District Land Uses and Permit Requirements.

5. City of Fountain Valley Six Month Strategic Objectives Update for November 16, 2023 through May 23, 2024 Page 55
Recommended Action: Receive and File the updated strategic objectives matrix for November 16, 2023 through May 23, 2024.

6. Request to Destroy Police Department Records Page 61 Recommended Action: Authorize the Chief of Police to destroy the Police Department records contained in the records destruction requests.

7. Approval of a Resolution of the City of Fountain Valley implementing preferential permit parking for TET Festival, Easter, Cinco de Mayo, Mother's Day, Memorial Day, Independence Day and Labor Day for 2024 Page 71
Recommended Action: Approve the Preferential Permit Parking Resolution and direct Staff to implement Preferential Permit Parking for February 9-11, March 31, May 5, May 12, May 27, July 4, and September 2, 2024.

8. Adopt a Resolution Approving Application for Specified Grant Funds from the California Budget Act of 2023; Fountain Valley Universally Accessible Playground Page 82 Recommended Action: Adopt a Resolution Approving Application for Specified Grant Funds from the California Budget Act of 2023; Fountain Valley Universally Accessible Playground

ADMINISTRATIVE ITEMS

9. Award a Construction Contract to Global Road Sealing, Inc. for the Traffic Signal Modifications for Euclid Street at Condor Avenue, and Talbert Avenue at Bushard Street Project – Presentation by Temo Galvez, Deputy Public Works Director Page 126 Recommended Action: Staff recommends that the City Council approve Alternative No. 1, which is to accept the bids and award a construction contract for an amount not-to-exceed $117,800 to Global Road Sealing, Inc. for Traffic Signal Modifications for Euclid Street at Condor Avenue, and Talbert Avenue at Bushard Street, Project No. 24014.

10. Demolition Services for SPEC Building Project – Presentation by Scott Smith, Public Works Director Page 154
Recommended Action: Staff recommends that the City Council:

1. Accept the bids and award a contract to Resource Environmental, Inc. for Demolition Services of SPEC Building Project in the amount of $167,000;

2. Accept a fee proposal from Interwest Consulting Group, Inc. for Project inspection services, and authorize staff to issue a Purchase Order in the amount of $11,880; and,

3. Approve Amendment No. 5 to the Interwest Consulting Group, Inc. As-Needed On-Call Inspection Services Contract in the amount of $11,880.

11. Preliminary Architectural and Concept Design Services for Fire Station 1 Presentation by Scott Smith, Public Works Director Page 253
Recommended Action: Staff recommends that the City Council:

1. Accept the cost proposals and award a contract to PBK Architects, Inc. for preliminary architectural and concept design Services for Fire Station 1 in the amount of $115,000;

2. Authorize the Public Works Director the ability to execute a one-time approval authority of a contract amendment to PBK Architects, Inc. up to $15,000 as needed;

3. Accept the proposal from and award a contract to Consolidated Contracting Services Inc. for value engineering services for Fire Station 1 in the amount of $38,130.

4. Authorize the Public Works Director the ability to execute a one-time approval authority of a contract amendment to Consolidated Contracting Services Inc. up to $6,870 as needed.

12. 13.

Hosting Agreements for GeoViewer Online, Mobile & CMMS Work Order – Presentation by Christine Smith, Senior Management Analyst Page 334
Recommended Action: Staff is requesting City Council approval of Alternative No. 1 to approve a 2-year hosting agreement with Nobel Systems Inc. for GeoViewer Online and Mobile Applications in a total amount of $77,000, and a 2-year hosting agreement with Nobel Systems Inc. for CMMS Work Order Module Integration in a total amount of $33,000.

Adopt a Resolution to effect certain changes to the City’s Master Salary Schedule in conformance with Title 2 of the California Code of Regulations section 570.5 and the California Public Employees’ Retirement System – Presentation by Carrie Hanes, Human Resources Director Page 369
Recommended Action: Staff is requesting City Council approval of Alternative No. 1 by adopting the attached Resolution, which amends the City’s Salary Schedule to reflect these changes.

APPOINTMENTS

14. Committee, Commission and Board Appointments for 2024 – Presentation by Rick Miller, City Clerk

COUNCIL MEMBER ITEMS FOR FUTURE CONSIDERATION

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

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

COMMENTS

ADJOURN THE MEETING OF THE CITY COUNCIL/SUCCESSOR

AGENCY/HOUSING AUTHORITY
The next Regular Meeting of the Fountain Valley City Council is February 20, 2024 at 6:00 p.m., in the Fountain Valley Council Chambers, 10200 Slater Avenue, Fountain Valley.

City of Fountain Valley
Memorandum
TO: Honorable Mayor and City Council
FROM: Scott Smith, Public Works Director
DATE: January 30, 2024
SUBJECT: Study Session on Orange County Power Authority (OCPA) ______________________________________________________________________________ EXECUTIVE SUMMARY:

On November 16, 2023, the City Council held a strategic planning session with the executive management team and department managers. Those in attendance collaborated to establish the City’s six-month strategic planning objectives for November 16, 2023 through May 23, 2024. One of the selected priorities listed in the Six-Month Strategic Objectives Matrix is “Present more information on Orange County Power Authority and its program for City Council consideration.” This priority falls within the ENHANCE THE CULTURE AND ENVIRONMENT OF “A NICE PLACE TO LIVE” three-year goal.

DISCUSSION:

City of Fountain Valley homes and businesses are powered by Southern California Edison (SCE) infrastructure and electricity. Presently, SCE has limited opportunities for customers to participate in their Green Rate program to purchase renewable energy.

Orange County Power Authority (OCPA) is a locally governed not-for-profit Community Choice Aggregation (CCA) agency that provides Orange County businesses and residents with choices to invest in renewable energy.

This Study Session includes renewable energy program presentations from SCE and OCPA staff. The City Council will be provided the opportunity to ask each company questions about their respective programs.

Staff is seeking direction from City Council to:

1. Allocate staff time toward taking the next steps to join OCPA, or

2. Monitor and wait for a future opportunity to join OCPA, or

3. Cease efforts toward joining OCPA.

City of Fountain Valley
January 30, 2024
Update on SCE’s Programs to Help Customers Go Green
Southern California Edison
Green Rate Overview• A voluntary clean energy rate program for Residential and Non- Residential customers that supports renewable energy and reduces greenhouse gas emissions associated with your electricity usage.• For an additional cost, you can choose to purchase clean power for a portion (50%) or all (100%) of your electricity use.• SCE will purchase solar energy on your behalf from local developers.• The Green Rate and Community Renewables clean energy rate programs are both Green-e Energy certified.• Green-e Energy certification guarantees that our programs meet strict environmental and consumer protection standards.• Bundled service customers, meaning those who pay SCE for generation, transmission, and distribution services, are eligible. 2 Southern California Edison
Current Status of the Green Rate Program• SCE’s Green Rate Program is currently not accepting new customers. • Customers who wish to participate are being put on a wait list.• Customer interest in the program has exceeded the procured amount of available capacity.• SCE held a solicitation on September 30, 2022, for a Request For Offers for new projects for Green Rate; however, no bids met the eligibility requirements.• On August 26, 2022, SCE filed a Petition to Modify D.15-01-051 with the CPUC requesting permission to use interim resources to meet the increased customer interest in the program but we have not received a decision as of today. • SCE also has an application at the CPUC for a new Green Share Program.• We anticipate a decision sometime in the second half of 2024. 3 Southern California Edison
Community Renewables Program
• Community Renewables program allows
customers to work directly with developers to subscribe to a portion of a renewable project and receive bill credits from SCE based on their portion of the project’s generation • Current projects are fully subscribed, but
32 MW of new projects are scheduled to come online in 2024. • Customers who are interested in the 2024
projects can contact the developer directly at [email protected]. 4 Southern California Edison
SCE 2021* Power Content Label
5 Energy Resource SCE Default SCE 50% Green SCE 100% Green CA Average USA AverageEligible Renewable 31.4% 65.7% 100.0% 33.6% 13.7%Biomass/Biowaste 0.1% 0.0% 0.0% 2.3% 1.3%Geothermal 5.7% 2.8% 0.0% 4.8% 0.4%Small Hydro 0.5% 0.3% 0.0% 1.0% n/a Solar 14.9% 57.5% 100.0% 14.2% 2.8%
Wind 10.2% 5.1% 0.0% 11.4% 9.2%Large Hydro 2.3% 1.1% 0.0% 9.2% 6.0%Nuclear 9.2% 4.6% 0.0% 9.3% 18.9%Carbon Free Total 45% 71.4% 100.0% 52.1% 38.6%Coal 0.0% 0.0% 0.0% 3.0% 21.9%Natural Gas 22.3% 11.1% 0.0% 37.9% 38.4%Other 0.2% 0.1% 0.0% 0.2% 0.6%Unspecified 34.6% 17.3% 0.0% 6.8% n/aTotal 100.0% 100.0% 100.0% 100.0% 100%Retired Unbundled RECs 3.0% 2.0% 0.0% unavailable n/a GHG Intensity (lbs CO2/MWh) 580 290 0 456 852*SCE’s 2022 Power Content Label is still being finalized Southern California Edison
Countdown to 2045 – Pathway to Net Zero
6 As the grid gets cleaner, so too does everything plugged into it • 80% carbon-free electricity by 2030• 2X rooftop solar & 10X customer-owned storage by 2045• 80% increase in electricity consumption• Average household spending across all types of energy goes down 10% by 2030 and 40% by 2045
…but none of this happens without millions of individual customer decisions to adopt clean technologies Read more: Edison.com/countdownto2045
Southern California Edison
Other Ways SCE is Helping Customers Go GreenActive Programs• Incentives for rooftop solar and battery storage• Pre-owned EV incentives*• Special EV rate plans• Charge Ready programs/Rule 29• Demand response programs• Low-Income Building Electrification PilotMore to Come• New Green Rate options• New Community Solar options• Building Electrification Application 7 *Incentives for new EVs have transitioned to a new statewide program Southern California Edison 8
Questions?
Southern California Edison
Appendix
9 Southern California Edison
Power Charge Indifference Adjustment
10 • PCIA is a ratemaking mechanism instituted to ensure that bundled service customers are indifferent when departing load customers leave and choose generation services from a different provider, e.g. CCA formation • Ensures the above-market costs associated with prior resource commitments are not avoided by departing load customers, and therefore shifted to the remaining utility customers
• Not quite accurately labeled by the media and CCAs as an “exit fee” charge• Calculated annually, and costs collected directly from customer bills through a PCIA charge • Is intended to recover the “above-market costs” in an equitable manner• The “fair” market value of certain eligible resources can be hard to quantify creating differences in what departing load entities consider appropriate above market costs
Cost of Portfolio "Market Value" of Portfolio "Above Market" Costs $100/MWh
$40/MWh
$60/MWh
Illustrative Figures Only
Southern California Edison
How CCA Works
CCA generation charges appear as new section on bill:
11 source Delivery customer

END-USERS UTILITY (SCE) CCA
enable
customer
energy choices
deliver electricity,
maintain lines &
billing
buy electricity
supply
Delivery Component
from SCE
Generation Component from CCA
Reminder: SCE is not allowed to profit from the sale of energy; the California Public Utilities Commission regulates SCE’s energy procurement activities.

Introduction & Highlights
January 30, 2024 Presented by: Joe Mosca, Interim CEO
2 Agenda
● Community Choice Aggregation Overview● Orange County Power Authority Formation & Highlights
●Power Content Label● FY 23-24 Operating Budget●Process Roadmap 3 Meet the Team
Joe Mosca
Interim CEO
Andrew Di Giovanna
External Affairs Manager
Tiffany Law
Chief Financial Officer
4 Community Choice
Aggregation
History and Overview
• Assembly Bill 117 passed in 2002 to establish
Community Choice Aggregation (CCA)
• AB 117 introduced competition and choice into the
energy market where there was none before
• Allows communities to join together to give residents and businesses the opportunity to choose their electric provider and how much renewable energy they want to procure to put onto the grid 5 Community Choice Aggregation
14 million people
in 200 communitiesare currently benefiting from community choice aggregation.A growing movement. • Bring choice and competition to the energy
market
• Competitive energy costs• Local control over power, programs, and rates• Local economic development, job creation, training
• Local reinvestment, designing programs that
respond specifically to local need
• Putting more renewable energy onto the grid at
a faster rate than for-profit utilities
7 Benefits of Community Energy
ENERGY SOURCED (CCA) ENERGY DELIVERED (Utility Company) ENERGY USED (Customer) How it works.
8 9
Orange County
Power Authority
Formation and Highlights
• In 2018, the City of Irvine, at the urging of
community advocates, was the first municipality in Orange County to explore a CCA program • In 2021, Irvine City Council approved the
initial funding to formally establish OCPA
• Soon after, the cities of Buena Park,
Fullerton, and Huntington Beach joined OCPA
10 OCPA Formation
2% less than SCE’s
equivalent
generation rate
Basic Choice Smart Choice 100% Renewable Choice
+1 cent/kWh
More than Basic Choice
+1.5 cent/kWh
More than Basic Choice
11 Tiered Renewable Energy Options*
11 *As of January 1st, 2024; OCPA Board to consider increasing its discount and renewable energy mixes 1 Typical Rate Comparison - Residential
1 Plan Generation
Charge
SCE
Surcharges SCE Delivery Total Difference
from SCE
Basic Choice $57.93 $0.63 $65.26 $123.82 ($1.89)
Smart Choice $62.18 $0.63 $65.26 $128.07 $2.36
(1.9%)
100%
Renewable $64.31 $0.63 $65.26 $130.20 $4.49
(3.6%)
InvestorOwned Utility $60.45 $0.00 $65.26 $125.71 --
Based on 425 kWh Monthly Usage
● Launched service – municipal and commercial (April 2022) and residential (October 2022)
● One of the largest and greenest Community Choice Aggregators in California● More than 200,000 residential customers served and more than 30,000 commercial customers served
● Three renewable energy plans giving customers choice in how much renewable energy they want to help procure
●Basic Choice renewable energy plan costs 2% less than SCE’s equivalent generation rate
12 Year in Review
13 Year in Review (cont’d)
●Participated in community events in member cities●Enhanced stakeholder relations and multicultural outreach●Awarded Bright Futures grants to four organizations●Produced first Power Content Label● Received awards and recognitiono Top U.S. Green Power Provider (National Renewable Energy Laboratory)o Environmental, Social, Governance Honoree (Orange County Business Journal)o Sustainability Advocate of the Year (Asian Business Association of Orange County)o Elevate Award for empowering and supporting the Filipino business community (Filipino American Chamber of Commerce)
o 125 Most Influential (The Orange County Register)
●Energy programs
○Bright Futures Grant○ Grid Resilience and Innovation Partnerships (GRIP) grant for EV charging stations
○SoCalREN Heat Pump Water Heater Program○ OhmConnect Partnership○ Residential Product Marketplace○ Low-income customer programs remain available: CARE, FERA, Medical Baseline, etc.
14 Reinvesting in the Community
15 Power Content Label
Report on OCPA’s 2022 Renewable Energy Mix
●Exceeded mandatory state requirements for the
purchase of renewable energy goals
●Exceeded voluntary renewable energy goals for
each retail service offering
●Basic Choice plan is more than 60% renewable,
and the remainder is carbon free
● One of the greenest/cleanest CCAs in California● OCPA’s overall portfolio reports a Greenhouse Gas Emissions Intensity of 83.45 lbs. CO2e/MWh
●SCE reported Greenhouse Gas Emissions
Intensity of 552 lbs. CO2e/MWh in 2022
16 Power Content Label
17 Power Content Label (cont’d)
●Basic Choice: 11.7% of total retail sales●Smart Choice: 16.5% of total retail sales● 100% Renewable Choice: 71.8% of total retail●Based on these service elections and OCPA’s total renewable energy purchases in 2022, 95.6% of total supply was procured from bundled, RPSeligible renewable energy sources ●By comparison, SCE’s Default Rate option
provided 33.2% bundled, RPS-eligible renewable energy in 2022 ● More than 709 million lbs. of CO2 emissions
reduced through procurement of renewable energy
o Equivalent to removing 71,565 gas-powered
vehicles off the road
o Equivalent to GHG emissions avoided by
switching more than 12 million incandescent lamps to LEDs o Equivalent to carbon sequestered by planting
more than 5.3 million tree seedlings grown for 10 years 18 Total CO2 Reduction
● 21,956 residential customers
● 86% residential participation rate ● 3,234 commercial customers● 92% commercial participation rate ● 87% total participation rate● More than 86 million lbs. of Buena Park’s CO2 emissions reduced through procurement of renewable energy ●Equivalent to removing 8,751 gas-powered
vehicles off the road
19 Buena Park for Scale
20 Fiscal Year Operating
Budget 2023-2024
June 2023

1. Financially strong: establish a strong net position of $41 million and expect to reach $88 million in the Rate Stabilization Reserves (31% of operating expenses) by June 30, 2024

2. Affordable rates: offer Basic Choice rates at a 2% discount to SCE’s equivalent generation rates. Smart Choice rates (at least 69% renewable energy) adds 1c/kWh to Basic Choice rates, while 100% Renewable Choice rates adds 1.5c/kWh. Any rate changes to the Basic Choice rates benefit all rate tiers proportionally

3. Competitive Net Energy Metering program: set Net Surplus Compensation (NSC) at 10% above SCE’s NSC rate

4. Clean and renewable procurement strategy: contract for long-term clean and renewable generation resources to meet 90% of OCPA’s electric demand

5. Talented workforce: propose four additional full-time employees and two interns to ensure adequate coverage of essential functions

6. Public outreach: increase funding for marketing and public outreach to raise awareness of OCPA’s clean energy mission and goals

7. Harnessing data analytics: implement scalable data analytic platform to improve customer data access8. Advancing local climate solutions: provide reliable, affordable, clean electricity and electrification programs to reduce greenhouse gas emissions and strengthen our local economy 21 OCPA FY2023/24 Operating Budget -Highlights
Net Revenue
Less: Cost of Energy
Data Manager & IOU Services
Staffing
Contract Services
Legal Services
Marketing & Customer Enrollment
General & Admin
Energy Programs
Capital Expenditures & Debt Services
Net Position (Bottom Line)
Rate Stabilization Reserve Fund
Reserve as a % of operating expenses
$ in thousands
Period Ending June 30
$277,964
$(225,332)
$(2,020)$(2,517)$(1,207)
$(933)
$(1,183)
$(808)$(500)$(629)
$42,834$46,562
20%
FY2022/23
Reforecast
100%

81.1%

0.7%0.9%0.4%0.3%0.4%0.3%0.2%0.2%

15.4%
% of
Revenue
$329,175
$(271,934)
$(2,717)$(6,346)$(1,721)
$(675)
$(2,304)$(1,086)
$(750)$(506)
$41,135$87,698
31%
FY2023/24
Proposed Budget
100%

82.6%

0.8%1.9%0.5%0.2%0.7%0.3%0.2%0.1%

12.5%
% of
Revenue
OCPA FY2023/24 Operating Budget
22 Key Notes:FY2023/24 is a balanced budget with net position of $41.1mil or 12.5% of revenueCost of Energy is projected at $271.9mil or 82.6% of revenueNon-Power Supply Expenses are projected at $16.1mil or 4.9% of revenue OCPA's primary source of revenue stems from the retail sale of electricity to customers, facilitated through OCPA’s generation rates. These rates are strategically devised to cover various costs, including power procurement, operating expenses, nonoperating, capital expenditures, and the funding of the rate stabilization reserve. • Demand Forecast: total retail
load consumption is estimated at 2,585 GWh, inclusive of the residential customers from the Cities of Buena Park, Fullerton, Huntington Beach, and Irvine • 2023 OCPA Rates (July
through December 2023):based on the Board approved 2023 Rate Design on December 13, 2022:
• 2024 and Future OCPA
Revenues: sufficient to cover the costs of power purchase, operational expenses, debt services, and targeted reserves OCPA Revenue Assumptions - Key Highlights
OCPA customers have three rate options. All customers pay the Basic Choice rate as a base, and customers opting into Smart Choice or 100% Renewable Choice pay a renewable adder on top of the Basic Choice rates:
1) Basic Choice = Basic Choice rates with no additional adder 2) Smart Choice* = Basic Choice rates with 1c/kWh adder 3) 100% Renewable Choice* = Basic Choice rates with

1.5c/kWh adder
OCPA Revenue Assumptions2023 Rate Design
The 2% discount to SCE’s equivalent generation rates is applied to the Basic Choice rates and lowers the Basic Choice rates for all customers.* Key Fact: SCE customers desiring to receive service with a higher renewable content must opt into SCE’s Green Tariff Shared Renewables program (Green Rate Program). However, this program is currently closed to new customers as interest in the program exceeded the procured amount of available capacity. New customers applying for Green Rate Program will be placed on a waitlist. Currently, out of approximately 5,000,000 accounts in the entire SCE service area, only around 3,000 accounts are currently enrolled in the Green Rate Program.Therefore, it is not feasible to compare OCPA Smart Choice and 100% Renewable Choice with the closedSCE’s Green Rate program. 24 ● OCPA has built a Rate Stabilization Reserve Fund (RSF) with the primary objective of establishing a long-term financial plan to obtain an investment-grade credit rating and secure energy procurement at competitive prices. Additionally, the RSF ensures stable rates for OCPA’s customers. Functioning as a safeguard, the RSF will absorb any surplus or deficiency that may arise in each fiscal year. In cases where necessary, OCPA may make withdrawals from the RSF to maintain competitive rates or address emergencies, subject to board approval. ● In the first year of full operations for OCPA, FY23/24, the projected RSF balance is estimated to be $88 million, equivalent to 31% of the total operating budget expenditures. Over the course of three years of full operations, it is anticipated that the RSF balance will grow and meet the reserve target equivalent to 50% of the total operating budget expenditures by the end of FY26/27. Meeting this target will enable OCPA to initiate the credit rating application process with S&P Global, further enhancing its financial position and credibility.

Note: This 5-year outlook is modeling based on the removal of Huntington Beach and is subject to changes as new information is available regarding the market cost of energy, PCIA, and other industry expenditures. 5-Year OCPA Financial PerformaRate Stabilization Reserve Fund Trend 25 ● Town Hall presentations (in-person and virtual)
● Explainer video YouTube campaign geo-targeted to
residents in your city’s zip codes (available in 8 languages) ● Website and social media content (copy & graphics)o Fact sheeto Frequently Asked Questionso Infographico Power Content Label● Content for councilmember constituent newsletters 26Communications/Public Outreach Support
● Direct engagement with customers by CEA team
● Efficient call center to resolve customer inquiries● Information booths at community events● “Power Hours” at City Hall● Pre- and post-enrollment letters (4 letters)● Regular updates to member agencies and staff 27Communications/Public Outreach Support
(cont’d)
28 Thank you
Scan the QR Code to sign up for
our newsletter and to check out
our refreshed website, or go to
www.ocpower.org

MINUTES OF THE

CITY COUNCIL/ SUCCESSOR AGENCY TO THE FOUNTAIN

VALLEY AGENCY

FOR COMMUNITY DEVELOPMENT/ FOUNTAIN VALLEY

HOUSING AUTHORITY
Closed Session 5:15 p.m.

Regular Meeting 6:00 p.m.

Tuesday, January 16, 2024
Council Chambers

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

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

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

Agency Designated Representatives: City Manager, Maggie Le, Finance Director, Ryan Smith, Human Resources Director, Carrie Hanes, Community Development Director / Deputy City Manager, Omar Dadabhoy, Human Resources Manager, Tania Knauerhaze, Briana Laszlo, Payroll Administrator, 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)
There was no reportable action.

2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: Boys & Girls Club: 16582 Brookhurst St, Fountain Valley, CA 92708., FOUNTAIN VALLEY CA 92708
Agency negotiator: Maggie Le, City Manager; Rob Frizzelle, Community Services Director; Scott Smith, Director of Public Works, Colin Burns, Attorney for the City Negotiating parties: Fountain Valley and Boys and Girls Club of HV Under negotiation: Price and terms of payment
Mayor Glenn Grandis recused himself from this Closed Session item.

There was no reportable action.

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

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

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

Council Members Absent: None

ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS
Item 5 had corrections to the Resolution and an update memo from Placeworks

PRESENTATIONS
 Presentation of Checks to Community Groups from Hyundai – Presented by Rob Frizzelle, Community Services Director
Community Services Director Rob Frizzelle spoke of the contributions Hyundai makes to the city each year. Representatives from Hyundai Motor America presented checks to two organizations for their participation in the fun run, as well as a check to the city for $100,000 to be used for community events throughout the year.
 Certificate of Recognition to Pizza D’z for Their Free meal Holiday Program – Certificate Presented by Mayor Glenn Grandis
Representatives from Pizza D’z were unable to make it and rescheduled their acceptance of the Certificate of Recognition to the January 30 City Council Meeting.

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

CONSENT CALENDAR
Consent Calendar Items 1 – 4 were approved simultaneously.

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

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

Page 7 ends

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

2. Receive and File the Draft Minutes of the December 19, 2023 Regular City Council Meeting ACTION: Move to Receive and File the Draft Minutes of the December 19, 2023 Regular City Council Meeting
MOTION: Cunneen SECOND: Constantine
AYES: Constantine, Cunneen, Harper, Bui, Grandis
NOES: None
ABSENT: None
ABSTAIN: None

3. Approve the Register of Demands for the period of 12/9/2023 to 1/5/2024 ACTION: Move to Approve the Register of Demands for the period of 12/9/2023 to 1/5/2024 MOTION: Cunneen SECOND: Constantine
AYES: Constantine, Cunneen, Harper, Bui, Grandis
NOES: None
ABSENT: None
ABSTAIN: None

4. Second Reading and Adoption of an Ordinance Approving Zoning Map Amendment 435 for Our Lady of Guadalupe Located at 17103 Magnolia Street
ACTION: Move to Approve the Second Reading and Adoption of an Ordinance Approving Zoning Map Amendment 435 for Our Lady of Guadalupe Located at 17103 Magnolia Street MOTION: Cunneen SECOND: Constantine
AYES: Constantine, Cunneen, Harper, Bui, Grandis
NOES: None
ABSENT: None
ABSTAIN: None

Page 8 ends

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

5. A Public Hearing regarding the adoption of a Resolution to establish an Inclusionary Housing In-Lieu Fee
Public Hearing Opened: 7:02 p.m.

Public comments: Ana Gromis, Katy Wright
Public Hearing Closed: 7:09 p.m.

ACTION: Move to Continue this item to the February 20, 2024 City Council Meeting MOTION: Harper SECOND: Constantine
AYES: Constantine, Cunneen, Harper, Bui, Grandis
NOES: None
ABSENT: None
ABSTAIN: None

ADMINISTRATIVE ITEMS

6. Approve the City’s voluntary participation in the PP-GEMT-IGP program per Assembly Bill No. 1705 and authorize the City Manager to execute the Public Provider Intergovernmental Transfer Program for Ground Emergency Medical Transportation Services Certification Form for State Calendar Year 2024 (and future calendar years) and pay all necessary invoices.

ACTION: Move to Approve the City’s voluntary participation in the PP-GEMT-IGP program per Assembly Bill No. 1705 and authorize the City Manager to execute the Public Provider Intergovernmental Transfer Program for Ground Emergency Medical Transportation Services Certification Form for State Calendar Year 2024 (and future calendar years) and pay all necessary invoices.

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

7. Mid-Year Budget Review for Fiscal Year 2023-24
ACTION: Move to Approve the Mid-Year Budget Review for Fiscal Year 2023-24

Page 9 ends

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

8. Amendment to Community Services Department User Fee Schedule ACTION: Move to Approve the Amendment to Community Services Department User Fee Schedule
MOTION: Constantine SECOND: Harper
AYES: Constantine, Cunneen, Harper, Bui, Grandis
NOES: None
ABSENT: None
ABSTAIN: None

COUNCIL MEMBER ITEMS FOR FUTURE CONSIDERATION
Council Member Constantine requested that the city consider placing a left hand protected turn signal at the intersection of Heil and Brookhurst. Seconded by Mayor Grandis

CITY COUNCIL/ SUCCESSOR AGENCY/ HOUSING AUTHORITY/ PUBLIC COMMENTS (Unscheduled Matters Only)
None
CITY COUNCIL/SUCCESSOR AGENCY/HOUSING AUTHORITY AB 1234/GENERAL COMMENTS Vice Mayor Bui
January 13 Attended the Rotary Club donations for the Marines in Camp Pendleton Council Member Cunneen
January 9 Attended the Rotary Club meeting where Mayor Grandis spoke January 13 Attended the Rotary Club donations for the Marines in Camp Pendleton January 16 Attended the Rotary Clubs Most Improved Student Awards and then the Quarterly meeting of the OCTA Citizens Advisory Committee
Mayor Grandis
December 20 Attended a Little Saigon TV Interview
December 21 Attended the Community Foundation Board Meeting and Holiday Party December 28 Attended the Kiwanis Bowling Party with Robyne’s Nest students January 6 Attended the Kiwanis Holiday party
January 8 Attended the FV Schools Foundation Board Meeting

Page 10 ends

January 11 Attended the OC Council of Governments Special Board meeting, the FV Chamber Network at Night and the FV School District first meeting with Steve Schultz as the new School Board president
January 12 Attended the Coastline Community College Foundation Strategic Planning Board Meeting and the Cal Cities – OC Division Board Meeting
January 16 Attended the Rotary Club Most Improved Student Awards Council Member Constantine
December 20 Participated as Vice Chair, in the PCTA (Public Cable Television Authority) Meeting at Stanton City Hall.

December 21 Watched the “ADA (Americans with Disabilities Act) Shop Talk Year in Review” on Zoom, then participated as our City’s Board Trustee in the monthly Orange County Mosquito and Vector Control District Meeting at the Orange County Mosquito and Vector Control District Headquarters in Garden Grove. That evening, I attended the FVCF (Fountain Valley Community Foundation) monthly Board Meeting, then the FVCF Volunteer Meeting — our holiday party both at the Fountain Valley Community and Senior Center.

January 4 Participated in the Fountain Valley Advisory Committee for Persons with Disabilities Meeting at the Fountain Valley Community and Senior Center.

January 6 Participated in the Fountain Valley Republican Assembly Meeting at the Fountain Valley home of one of the fellow members.

January 9 Watched the Orange County Board of Supervisors Meeting on the County website, then the “Wealth Outlook 2024: Slow then Grow” presentation on Zoom.

January 10 Enjoyed a takeout order from BB.Q Chicken. It was a fundraiser for the Fountain Valley Royal Regiment, Fountain Valley High School.

January 11 Watched the United to End Homelessness Third Annual “Orange County State of Homeless Address” on Zoom. In the evening, I attended FV Chamber of Commerce Network at Night at Carlito’s Diner — so much fun. I also popped in at the Ryan Christopher musical evening at Silky Sullivan’s.

January 12th, Stopped in at the movie for senior citizens “80 for Brady” at the Fountain Valley Community and Senior Center.

January 13 Stopped by the Fountain Valley Friends of the Library 25 Cent Book Sale at the Fountain Valley Library, then watched the “Livable California” Teleconference: Preparing for this Year’s Legislative Session on Zoom.

January 14 Stopped in at the Eagle Forum Orange County Meeting. Tonight’s presentation was “Emergency Preparedness — Preparing to Survive by Nancy Domino and Kerry Lewis at the

Page 11 ends

Huntington Valley Baptist Church.

January 16 Attended the Rotary Most Improved Student Awards honoring 2 students. The first was Lamson Tran of Fulton Middle School, the other was Seth Garton of Fountain Valley High School at Founders Village Community and Senior Center, then stopped in prior to the “Thank you to our Men and Women in Blue” event at Steady Kitchen and Taps hosted by the restaurant as we have a City Council Meeting tonight.

Council Member Harper
January 8 Attended the OCTA Board Meeting
January 10 Attended the OCTA Finance Committee Meeting
January 11 Attended the Chamber of Commerce Mixer

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

AUTHORITY
Mayor Grandis adjourned the meeting at 8:26 pm to the next Meeting of the Fountain Valley City Council on January 30, 2024 at 6:00 p.m., in the Fountain Valley Council Chambers, 10200 Slater Avenue, Fountain Valley.
________________________________________________________________________________________________________________________________ Glenn Grandis, Mayor
Attest:
___________________________
Rick Miller, City Clerk

Page 12 ends

CITY OF FOUNTAIN VALLEY

CITY COUNCIL

COUNCIL ACTION REQUEST
To: Honorable Mayor and Agenda Date: January 30, 2024
Members of the City Council
SUBJECT: City of Fountain Valley Register of Demands for the period of 1/6/2024 to 1/19/2024 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 1/6/2024 and 1/19/2024 for a total of $7,872,919.68.

ATTORNEY REVIEW:

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

PUBLIC NOTIFICATION:

Not applicable.

Page 13 ends

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 1/6/2024 and 1/19/2024 for a total of $7,872,919.68.

Prepared by: Ryan Smith, Finance Director
Reviewed by: Colin Burns, City Attorney
Approved by: Maggie Le, City Manager
Attachment 1: Register of Demands 1/6/2024 to 1/19/2024.

Page 14 ends

City Of Fountain Valley
Register of Demands
1/6/2024 - 1/19/2024
Department
Check
Date Vendor Description Doc #
Check/ACH
# Amount
10000000 NON-DEPARTMENTAL
01/17/24 U.S. BANK CORPORATE CITY P-CARDS DEC 2023 4246 0445 5574 3131 21707 1527 50,788.24 TOTAL NON-DEPARTMENTAL 50,788.24
10010103 OFFICE OF CITY MANAGER
01/10/24 LEAGUE OF CAL CITIES LEAGUE OC DIVISION MEETING 21440 2309055 60.00 01/17/24 KNIGHT LEADERSHIP SO STRATEGIC PLANNING SESSIONS; DISC 21126 2309173 4,500.00 TOTAL OFFICE OF CITY MANAGER 4,560.00
10010104 ADMIN SERVICES
01/10/24 AMAZON EMERGENCY SUPPLIES 21336 1476 590.30
01/10/24 VERIZON WIRELESS ADMIN CELLPHONE 10.26-11.25 21389 2309118 121.91 01/10/24 AT&T MOBILITY ADMIN CELLPHONES 10.27 - 11.26 21392 2308988 22.06 01/10/24 VERIZON WIRELESS ADMIN CP'S 12/26 - 1/25/24 21451 2309121 121.91 TOTAL ADMIN SERVICES 856.18
10020200 HUMAN RESOURCES
01/17/24 AT&T MOBILITY HR CELL PHONE 10/27 - 11/26/23 20826 2309126 90.06 01/17/24 DEPARTMENT OF JUSTIC NOVEMBER 2023 HR PARTIAL PMT 21705 2309141 198.00 01/17/24 AT&T MOBILITY HR CELL PHONES 11/27 - 12/26/23 21758 2309128 90.06 01/10/24 COUNTRY GARDEN CATER EMPLOYEE SERVICE AWARD LUNCHEON 21342 2309012 6,155.83 01/10/24 EXPERIAN PRE EMPLOYMENT CREDIT CHECKS 21381 2309019 10.48 01/10/24 CONCENTRA MEDICAL CE OCCUPATIONAL MEDICAL SERVICES(12/13/23 - 21383 2309010 1,096.20 01/10/24 CONCENTRA MEDICAL CE OCCUPATIONAL MEDICAL SERVICES(12/20/23 - 21414 2309011 3,944.60 01/10/24 D.F.POLYGRAPH INV 2023/9 (12/13) POLYGRAPH EXAMINATION 21419 2309015 175.00 01/17/24 DEPARTMENT OF JUSTIC DECEMBER 2023 HR DEPT 21712 2309142 471.00 01/17/24 CONCENTRA MEDICAL CE OCCUPATIONAL MEDICAL SERVICES(12/27/23 - 21719 2309136 429.25 01/10/24 PSYCHOLOGICAL CONSUL PRE EMPLOYMENT PSYCH EXAMS 21366 2309071 450.00 01/10/24 PSYCHOLOGICAL CONSUL PRE EMPLOYMENT PSYCH EXAMS INV. 526880 21374 2309072 940.00 01/10/24 VERIZON WIRELESS HR DEPT CELL PHONES 12/26 - 01/25 21441 2309120 125.67 01/17/24 AMAZON OFFICE SUPPLIES/EMPLOYEE RECOGNITION 21639 1516 41.30 01/17/24 AMAZON OFFICE SUPPLIES 1TR3-LL1F-KJXC 21617 1514 129.93 TOTAL HUMAN RESOURCES 14,347.38
10030300 PLANNING
01/10/24 KLING CONSULTING GRO SOILS REVIEW CONSULTING SVCS FOR 23-2057 20608 2309053 850.00 01/10/24 KLING CONSULTING GRO SOILS REVIEW CONSULTING SVCS FOR 23-2067 20609 2309053 850.00 01/10/24 KLING CONSULTING GRO SOILS REVIEW CONSULTING SVCS FOR 23-1887 20611 2309053 850.00 01/10/24 KLING CONSULTING GRO SOILS REVIEW CONSULTING SVCS FOR 23-2121 20613 2309053 850.00 01/10/24 KLING CONSULTING GRO SOILS REVIEW CONSULTING SVCS FOR 23-2143 20623 2309053 1,200.00 01/10/24 KLING CONSULTING GRO SOILS REVIEW CONSULTING SVCS FOR 23-1736 20624 2309053 1,200.00 01/10/24 ESQUER, MARY-ELLEN COMMISSIONERS STIPEND DEC 2023 20763 2309018 50.00

Page 15 ends

01/10/24 AJAMIAN, HERMAN JACK COMMISSIONERS STIPEND DEC 2023 20764 1475 50.00 01/10/24 LOPEZ, RICHARD COMMISSIONERS STIPEND DEC 2023 20765 1489 50.00 01/10/24 SAAD, AZZAM COMMISSIONERS STIPENDDEC 2023 20766 1497 50.00 01/10/24 SPEAR, WILLIAM A COMMISSIONERS STIPEND DEC 2023 20767 1498 50.00 01/10/24 OSBORN, DAVID JOHN COMMISSIONERS STIPEND DEC 2023 20768 1495 50.00 01/10/24 PHIL MARTIN & ASSOCI MND FOR OUR LADY OF GUADALUPE 21421 2309066 5,130.00 01/10/24 VERIZON WIRELESS 12/26/23-1/25/24 PLNNG, BLDG &CDBG CE CELL 21433 2309119 161.80 TOTAL PLANNING 11,391.80
10030301 BUILDING & SAFETY
01/10/24 BLDG REFUND 80% REFUND FOR BUILDING PERMIT 23-212 21411 2309002 218.40 01/10/24 BLDG REFUND 80% REFUND BUILDING PERMIT FOR 23-437

21412 2309003 218.40
01/10/24 BLDG REFUND 80% REFUND BUILDING PERMIT FOR 23-2116 21413 2309004 218.40 01/10/24 VERIZON WIRELESS 12/26/23-1/25/24 PLNNG, BLDG &CDBG CE CELL 21433 2309119 202.50 01/17/24 CALIFORNIA BUILDING 4TH QTR 2023 GREEN BUILDING FEES SB1473 21548 2309131 (127.60) 01/10/24 AT&T MOBILITY 11/27-12/26/2023 CDBG CE& BLDG IPADS 21560 2308989 40.24 TOTAL BUILDING & SAFETY 770.34
10040400 FINANCE
01/17/24 GOVINVEST, INC FY2023-24 GASB 75 FULL VALUATION & 21655 1518 3,300.00 TOTAL FINANCE 3,300.00
10040401 PURCHASING
01/10/24 SPARKLETTS CH WATER & COFFEE 08/02 & 08/16 21470 2309099 310.80 01/10/24 AMAZON OFFICE SUPPLIES - BATTERIES AMAZON 1Q1T- 21293 1476 30.10 01/10/24 SPARKLETTS CITY HALL WATER DELIVERY 12/20 - 1/3/24 21452 2309098 396.25 01/17/24 NEOFUNDS/TOTALFUNDS POSTAGE REPLENISHMENT 202401 21741 2309179 2,000.00 TOTAL PURCHASING 2,737.15
10050500 ENGINEERING
01/10/24 AMAZON OFFICE SUPPLIES - OCTOBER 2023 21334 1476 295.96 01/10/24 AT&T MOBILITY CELL PHONE 10/27/23-11/26/23 TG, KK, KH, & SS 21344 2308986 1,223.68 01/10/24 AMAZON PHONE CASE - TEMO GALVEZ & DESK

21343 1476 59.10
TOTAL ENGINEERING 1,578.74
10050501 TRAFFIC ENGINEERING
01/10/24 CHARTER COMMUNICATIO CABLE INTERNET 11/09/23-12/08/23 12/09/23- 21345 2309007 389.24 TOTAL TRAFFIC ENGINEERING 389.24
10050503 STREET LIGHTING
01/10/24 BEAR ELECTRICAL SOLU STREET LIGHT REPAIRS - JUL 2023 21268 2308990 1,068.00 01/10/24 BEAR ELECTRICAL SOLU STREET LIGHT REPAIRS - AUG 2023 21271 2308992 537.50 01/10/24 BEAR ELECTRICAL SOLU 16700 HARBOR KD REMOVAL - AUG 6, 2023 21270 2308991 2,780.00 01/10/24 BEAR ELECTRICAL SOLU STREET LIGHT REPAIRS - SEP 2023 21273 2308993 19,404.50 01/10/24 BEAR ELECTRICAL SOLU GALENA POLE REPLACEMENT - OCT 23, 2023 21278 2308995 9,280.00 01/10/24 BEAR ELECTRICAL SOLU MAGNOLIA & MARTIN POLE REPLACEMENT -

21282 2308996 10,160.00
01/10/24 BEAR ELECTRICAL SOLU EUCLID & SLATER POLE REPLACEMENT - OCT 21288 2308997 10,160.00 01/10/24 BEAR ELECTRICAL SOLU STREET LIGHT REPAIRS - OCT 2023 21276 2308994 4,800.00 01/10/24 BEAR ELECTRICAL SOLU LA ESTRELLA & ASH POLE REPLACEMENT - 21291 2308998 18,594.00 01/10/24 BEAR ELECTRICAL SOLU STREET LIGHT REPAIRS - NOV 2023 21296 2308999 7,200.00 01/10/24 SO CALIF EDISON CO STREET LIGHT NEW 12/1 - 12/31/23 21449 2309086 17,604.15

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TOTAL STREET LIGHTING 101,588.15
10050550 RIGHTS-OF-WAY
01/17/24 NIEVES LANDSCAPE, IN GENERAL MAINTENANCE OF ROWS CON-20-58 21616 2309181 25,320.07 01/10/24 IMPERIAL SPRINKLER S STAKES FOR THE ROW TREES 21499 2309050 1,465.06 01/17/24 VERIZON WIRELESS STREETS CELL PHONE (NOV 26-DEC 25) 21559 2309220 276.35 01/17/24 SO CALIF EDISON CO ROWS ELECTRICITY 12/4/23 - 1/3/24 21500 2309201 82.88 TOTAL RIGHTS-OF-WAY 27,144.36
10050551 TREE MAINTENANCE
01/10/24 GREAT SCOTT TREE SER PLANTING OF PINES AT MONROE AND ROW 21251 2309027 663.76 01/10/24 GREAT SCOTT TREE SER PARKWAY TREE REMOVALS CON-21-19 21255 2309028 1,327.52 01/10/24 GREAT SCOTT TREE SER PARKWAY TREES PLANTING CON-21-19 21256 2309029 708.75 01/10/24 GREAT SCOTT TREE SER YEARLY PALM TRIMMING OF C-3 CON-21-19 21258 2309030 2,205.20 01/10/24 GREAT SCOTT TREE SER YEARLY PALM TRIMMING OF D-3 CON-21-19 21261 2309031 1,764.16 01/10/24 GREAT SCOTT TREE SER YEARLY PALM TRIMMING OF G-3 CON-21-19 21263 2309032 1,212.86 01/10/24 GREAT SCOTT TREE SER TRIMMING REQUESTS CON-21-19 SEPTEMBER 21267 2309033 1,068.80 01/10/24 GREAT SCOTT TREE SER YEARLY PALM TRIMMING OF H-3 CON-21-19 21269 2309034 1,874.42 01/10/24 GREAT SCOTT TREE SER SAMPLE FICUS TRIMMING CON-21-19 10/02/23 21346 2309035 3,526.86 01/10/24 GREAT SCOTT TREE SER YEARLY PALM TRIMMING OF F-4 CON-21-19 21347 2309036 551.30 01/10/24 GREAT SCOTT TREE SER YEARLY PALM TRIMMING D-4 CON-21-19 10/3/23 21362 2309039 1,709.03 01/10/24 GREAT SCOTT TREE SER EMERGENCY REMOVAL 9134 HERON CON-21-19 21351 2309037 534.40 01/10/24 GREAT SCOTT TREE SER YEARLY PALM TRIMMING E-4 CON-21-19 10/4/23 21354 2309038 165.39 01/10/24 GREAT SCOTT TREE SER YEARLY PALM TRIMMING E-5 CON-21-19 21365 2309040 2,370.59 01/10/24 GREAT SCOTT TREE SER YEARLY PALM TRIMMING F-5 CON-21-19 10/5/23 21368 2309041 1,653.90 01/10/24 GREAT SCOTT TREE SER PALM TRIMMING 16450 ALMOND CON-21-19 21372 2309042 165.39 01/10/24 GREAT SCOTT TREE SER TREE CLEARANCE TRIMMING 18337 21380 2309043 213.76 01/10/24 GREAT SCOTT TREE SER BROADLEAVE TRIMMING OF F-5 CON-21-19 21390 2309044 9,009.63 01/10/24 GREAT SCOTT TREE SER PARKWAY TREE REMOVALS CON-21-19 21487 2309047 1,327.52 01/10/24 GREAT SCOTT TREE SER CYPRESS TRIMMINGS AT MT. HUTCHINGS ST. 21496 2309048 1,630.24 01/10/24 GREAT SCOTT TREE SER CITYWIDE TREE REPLACEMENTS CON-21-19 21485 2309046 4,966.93 01/10/24 GREAT SCOTT TREE SER EMERGENCY LIMB REMOVAL BROOKHURST

21246 2309026 427.52
01/10/24 GREAT SCOTT TREE SER CITYWIDE FICUS TRIMMING CON-21-19 21484 2309045 12,138.00 01/10/24 GREAT SCOTT TREE SER EMERGENCY REMOVALS 11/28/23 CON-21-19 21244 2309025 1,763.52 01/17/24 GREAT SCOTT TREE SER TREE TRIMMING SURROUNDING CITY HALL 21658 2309159 1,389.44 01/17/24 GREAT SCOTT TREE SER FICUS TRIMMING 17290 ASH ST CON-21-19 21638 2309157 2,790.84 01/17/24 GREAT SCOTT TREE SER FICUS TRIMMING WESTMONT PARK CON-21-19 21636 2309156 1,068.80 01/17/24 GREAT SCOTT TREE SER CITYWIDE PLANTING CON-21-19 NOVEMBER 21659 2309160 2,745.02 01/17/24 GREAT SCOTT TREE SER FICUS TRIMMING CON-21-19 DECEMBER 2023 21657 2309158 12,138.00 01/17/24 GREAT SCOTT TREE SER EMERGENCY REMOVAL 16755 OLEANDER CIR 21629 2309154 607.48 01/17/24 GREAT SCOTT TREE SER EMERGENCY REMOVAL OF BOTTLEBRUSH 21630 2309155 911.22 TOTAL TREE MAINTENANCE 74,630.25
10050552 PARK MAINTENANCE
01/17/24 IMPERIAL SPRINKLER S HARDWARE TO STRAIGHTEN A TREE AT 21572 2309169 78.37 01/17/24 AGUINAGA GREEN, INC MULCH RESTOCK FOR CITY YARD BIN 21620 2309124 711.77 01/17/24 IMPERIAL SPRINKLER S SUPPLIES TO REPAIR MAINLINE-SENIOR 21561 2309164 146.36 01/17/24 SO CALIF EDISON CO IRRIGATION AND PARK ELECTRICITY 11/28/23 - 21510 2309203 616.96

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01/17/24 SO CALIF EDISON CO NIEBLAS PARK ELECTRICITY 12/5/23 - 1/4/24 21517 2309204 24.41 TOTAL PARK MAINTENANCE 1,577.87
10050553 CONCRETE MAINTENANCE
01/17/24 RESOURCE BUILDING MA 1 PALLET OF READY MIX CONCRETE 21184 2309193 269.31 01/17/24 ASSOCIATED READY MIX 10 YARDS OF CONCRETE-TRASH BIN 21552 2309125 1,663.88 TOTAL CONCRETE MAINTENANCE 1,933.19
10050554 PAVEMENT MAINTENANCE
01/17/24 AT&T MOBILITY TABLETS/IPADS/CELLS (OCT 27-NOV 26) 21524 2309127 175.58 01/17/24 HANSON AGGREGATES, L 25 TONS OF SAND FOR STORM 21554 2309162 955.62 TOTAL PAVEMENT MAINTENANCE 1,131.20
10050555 STORM DRAIN MAINT
01/10/24 SO CALIF GAS CO WALNUT PUMP STN NATURAL GAS BILL 12/4/23 21472 2309094 131.88 01/10/24 SO CALIF GAS CO SANDALWOOD PUMP STN NATURAL GAS 21473 2309095 40.03 TOTAL STORM DRAIN MAINT 171.91
10050556 TRAFFIC CONTROL
01/17/24 ROADLINE PRODUCTS IN SIGN BLANKS 18 X 24 21545 2309194 541.43 TOTAL TRAFFIC CONTROL 541.43
10050557 STREET SWEEPING
01/17/24 SCA OF CA, LLC STREET SWEEPING CON-20-20 DECEMBER 2023 21615 1525 33,122.20 TOTAL STREET SWEEPING 33,122.20
10050558 RECREATION CENTER
01/17/24 MERCHANTS LANDSCAPE ADDED TURF RENOVATION AFTER LOBSTER 21696 2309176 6,301.00 01/17/24 IMPERIAL SPRINKLER S STRAW WATTLES FOR MATERIAL BINS 21570 2309167 781.57 01/17/24 IMPERIAL SPRINKLER S IRRIGATION REPAIR SUPPLIES FOR SPORTS 21565 2309166 1,288.35 01/17/24 IMPERIAL SPRINKLER S ZIPTIES FOR BEAUTIFICATION PROJECT-SP 21571 2309168 21.85 01/17/24 IMPERIAL SPRINKLER S IRRIGATION SPRINKLER HEADS FOR SPORTS 21573 2309170 225.72 01/17/24 SAKIOKA WHOLESALE NU PLANT MATERIAL FOR TREE LIGHTING EVENT 21574 2309196 827.52 01/17/24 IMPERIAL SPRINKLER S IRRIGATION SUPPLIES FOR SPORTS PARK 21562 2309165 2,015.48 01/17/24 AMAZON FWALL FILE ORGANIZER -1Q4R-KXW4-C9YW 21612 1513 21.63 TOTAL RECREATION CENTER 11,483.12
10050559 GRAFFITI CONTROL
01/17/24 VISTA PAINT CORP GRAFFITI PAINT 21553 2309227 951.65 TOTAL GRAFFITI CONTROL 951.65
10060600 FIRE SUPPRESSION
01/10/24 ULTIMATE DESIGN DECALS VALLEY ENGINE 32 21386 1501 601.00 01/17/24 TURNOUT MAINTENANCE REPAIR/CLEAN TURNOUTS 21681 2309213 583.00 01/17/24 KAHLER, PAUL EMT RECERTIFICATION - KAHLER 21673 1521 162.00 01/10/24 AT&T MOBILITY FIRE CELL PHONES - 11.9.23 - 12.8.23 21348 2308987 185.16 01/10/24 TURNOUT MAINTENANCE TURNOUT REPAIR/CLEANING 21385 2309109 76.00 01/17/24 VERIZON WIRELESS FIRE AVL TRACKERS - 12.23.23 - 1.22.24 21684 2309224 990.26 01/17/24 VERIZON WIRELESS FIRE CELL PHONES 12.26.23 - 1.25.23 21706 2309226 108.32 01/10/24 AMAZON 1HND-6JGQ-QN7H/FIELD 21373 1476 304.43
01/10/24 GALLS, LLC NEW HIRE DUTY PANTS - GONZALES 21409 2309022 188.55 01/10/24 GALLS, LLC DUTY PANTS NEW HIRE GONZALES 21410 2309022 385.70 01/17/24 CITY OF ANAHEIM/METR FIRE DISPATCH METRO NET FIRE AUTHORITY - 21674 2309133 97,382.50

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01/17/24 AMAZON 1GLJ-6WWH-3D64 PENDAFLEX PERSONNEL 21670 1509 149.31 01/17/24 RSCCD-SANTA ANA COLL SANTA ANA COLLEGE- TRAINING HOURS 21675 2309195 8,027.25 01/17/24 AMAZON 19H9-937D-6QJT FIELD EQUIPENT PUNCH 21669 1509 23.42 01/17/24 LINEGEAR FIRE & RESC DUTY UNIFORMS - C.S. 21671 1522 950.36 TOTAL FIRE SUPPRESSION 110,117.26
10060601 PARAMEDICS
01/10/24 GALLS, LLC DUTY UNIFORMS FOR NEW HIRE SAVAS 21371 2309022 736.93 TOTAL PARAMEDICS 736.93
10060602 AMBULANCE SERVICES
01/10/24 BOUND TREE MEDICAL MEDICAL SUPPLIES 21356 2309005 1,962.08 01/10/24 BOUND TREE MEDICAL MEDICAL SUPPLIES 21357 2309005 266.66 01/10/24 BOUND TREE MEDICAL MEDICAL SUPPLIES 21355 2309005 2,044.35 01/10/24 ZOLL MEDICAL CORPORA MEDICAL SUPPLIES 21349 2309123 315.46 01/10/24 BOUND TREE MEDICAL MEDICAL SUPPLIES 21353 2309005 881.75 01/10/24 BOUND TREE MEDICAL MEDICAL SUPPLIES 21352 2309005 129.84 01/10/24 MCKESSON MEDICAL-SUR MEDICAL SUPPLIES 21358 1490 96.93 01/10/24 MCKESSON MEDICAL-SUR MEDICAL SUPPLIES 21359 1490 438.70 01/10/24 LIFE ASSIST MEDICAL SUPPLIES 21367 2309056 598.89 01/17/24 TELEFLEX FUNDING, LL MEDICAL SUPPLIES 21686 2309209 610.63 01/10/24 ZOLL MEDICAL CORPORA MEDICAL SUPPLIES 21350 2309123 487.05 01/10/24 WITTMAN ENTERPRISES, AMBULANCE BILLING SERVICES/NOVEMBER '23 21408 1503 16,048.74 01/10/24 SPECTRUM GAS PRODUCT NEEDLE VALVE 21377 2309100 110.00 01/17/24 VERIZON WIRELESS AMBULANCE AVL TRACKERS - 12.23.23 - 1.22.24 21682 2309223 152.04 01/17/24 VERIZON WIRELESS AMBULANCE CELLS - 12.26.23 - 1.25.24 21685 2309225 83.78 01/10/24 AMAZON 1L9K-RGTF-WQ6X - GAUGE FOR OXYGEN 21369 1476 33.28 01/17/24 BOUND TREE MEDICAL MEDICAL SUPPLIES 21692 2309130 352.22 01/10/24 LIFE ASSIST MEDICAL SUPPLIES 21360 2309056 424.28 01/10/24 CARE AMBULANCE AMBULANCE SERVICES - OVERTIME PAY 21387 1481 321.72 01/10/24 CARE AMBULANCE AMBULANCE SERVICES - OVERTIME PAY 21388 1481 206.82 01/10/24 CARE AMBULANCE AMBULANCE SERVICES/CONTRACT 12.26.23 - 21404 1481 52,307.08 01/10/24 CARE AMBULANCE AMBULANCE SERVICES/CONTRACT 12.12.23 - 21405 1481 52,307.08 01/10/24 CARE AMBULANCE AMBULANCE SERVICES/CONTRACTS 11.28.23 - 21407 1481 50,915.68 01/10/24 SPECTRUM GAS PRODUCT OXYGEN CYLINDER RENTAL STATION 2 21378 2309100 62.00 01/10/24 SPECTRUM GAS PRODUCT OXYGEN CYLINDER RENTAL STATION 1 21379 2309100 139.50 01/17/24 LIFE ASSIST MEDICAL SUPPLIES 21703 2309174 1,306.35 01/17/24 BOUND TREE MEDICAL MEDICAL SUPPLIES 21687 2309130 218.51 01/17/24 BOUND TREE MEDICAL MEDICAL SUPPLIES 21689 2309130 148.16 01/17/24 BOUND TREE MEDICAL MEDICAL SUPPLIES 21691 2309130 1,910.13 TOTAL AMBULANCE SERVICES 184,879.71
10060603 FIRE PREVENTION
01/10/24 AT&T MOBILITY FIRE CELL PHONES - 11.9.23 - 12.8.23 21348 2308987 45.03 01/17/24 VERIZON WIRELESS FIRE CELL PHONES 12.26.23 - 1.25.23 21706 2309226 41.89 01/17/24 GRM INFORMATION MANA FIRE FILE STORAGE DECEMBER 2023 21676 2309161 9.31 01/17/24 THOMSON REUTERS WEST TITLE 19 ANNUAL SUBSCRIPTION 21679 2309212 251.54 01/17/24 CSG CONSULTANTS, INC FIRE PLAN CHECKS - DECEMBER 2023 21680 2309138 660.00

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TOTAL FIRE PREVENTION 1,007.77
10060605 DISASTER PREPAREDNESS
01/17/24 VERIZON WIRELESS FIRE CELL PHONES 12.26.23 - 1.25.23 21706 2309226 135.08 TOTAL DISASTER PREPAREDNESS 135.08
10060607 F.I.R.S.T.
01/17/24 VERIZON WIRELESS FIRE CELL PHONES 12.26.23 - 1.25.23 21706 2309226 1.67 TOTAL F.I.R.S.T. 1.67
10070700 PATROL
01/10/24 FORENSIC NURSE SPECI VICTIM EXAM - 23-29687 21319 2309021 600.00 01/10/24 L.N. CURTIS & SONS GASTELUM UNIFORM 21310 2309054 520.09 01/17/24 V&V MANUFACTURING, I TWO CORPORALS BADGES 21594 2309217 206.63 01/10/24 SHRED-IT USA LLC SHREDDING - 11/15 & 11/29 21312 2309083 264.00 01/10/24 GALLS, LLC KIRKLAND BELT 21321 2309022 22.17
01/10/24 AMAZON I-PAD CASES FOR CHIEF-16LX-JGCC-VDQF 21275 1476 39.13 01/10/24 AMAZON TRASH CAN RECORDS - 1GJW-VHYW-DCRK 21277 1476 60.89 01/10/24 AMAZON POCKET PLANNER - LUCE 1JR3-RJQF-71H1 21279 1476 9.73 01/17/24 SAVAGE TRAINING GROU FTO WEBINAR SERIES - 9 OFFICERS 21535 2309197 539.91 01/10/24 AMAZON RECORDS SUPPLIES - 1PH4-96LT-FVWP 21286 1476 335.24 01/10/24 AMAZON WALLACE NAMEPLATE - 1FV7-KHXP-L3T1 21289 1476 16.20 01/10/24 AMAZON GARMENT BAGS FOR LOCKER RELOCATE- 21304 1476 28.08 01/17/24 GALLS, LLC Z. KIRKLAND NAMETAG 21600 2309151 11.20 01/10/24 AMAZON BROTHER LABEL MAKER TAPE - 1M7W-JH1R- 21307 1476 21.28 01/10/24 PREMIER UNIFORMS KIRKLAND UNIFORM 21314 2309068 427.11 01/10/24 CALIF FORENSIC PHLEB BLOOD DRAWS - DECEMBER 2023 21315 2309006 1,300.00 01/17/24 FORENSIC NURSE SPECI DV EXAMS - 23-41975 23-42859 21576 2309145 1,200.00 01/10/24 AMAZON 5-PACK FLASH DRIVES - ANAYA - 1YVL-L9PJ- 21308 1476 101.70 01/17/24 AMAZON DESK CALENDAR REFILL - 1PMF-MWDJ-171K 21580 1509 11.96 01/17/24 AMAZON WOMEN'S RESTROOM SUPPLY BOX - 11M4- 21587 1509 20.65 01/17/24 AMAZON AVERY 3-TAB DIVIDERS - 1X9Q-RX1T-3PG9 21589 1509 66.95 01/10/24 PETTY CASH FIELD SER PETTY CASH REIMBURSEMENT 010324 21370 2309065 277.86 01/17/24 AMAZON FLASHLIGHT BATTERIES - 1QGF-GQMW-6VHR 21585 1509 39.79 01/17/24 SHAW, DANIEL L MEALS/MILEAGE FTO 12/11-12/15/23 21523 1526 114.67 TOTAL PATROL 6,235.24
10070701 INVESTIGATION
01/10/24 THOMSON REUTERS WEST PUBLIC RECORD SEARCHES - NOV 2023 21309 2309107 584.18 01/10/24 DEPARTMENT OF JUSTIC PARTIAL PAYMENT OF PD LIVE SCAN FEES - 21324 2309016 442.00 01/10/24 COUNTY OF ORANGE AFIS - DECEMBER 2023 21311 2309013 2,052.00 01/10/24 AMAZON PORTABLE PROJECTOR - 1NRP-69VG-DP73 21284 1476 543.74 01/10/24 PETTY CASH FIELD SER PETTY CASH REIMBURSEMENT 010324 21370 2309065 100.00 01/17/24 AMAZON PROPERTY SUPPLIES - 1MGQ-FPT6-9KFD 21583 1509 397.17 01/17/24 AMAZON PEER SUPPORT BIRTHDAY CARDS 21582 1509 21.74 01/17/24 AMAZON PEER SUPPORT BIRTHDAY CARDS - 1VQF- 21590 1509 21.74 TOTAL INVESTIGATION 4,162.57
10070702 TRAFFIC
01/17/24 ALL CITY MANAGEMENT CROSSING GUARDS - 11/26-12/9/23 21592 1508 10,855.46

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01/10/24 AMAZON 10-PACK FLASH DRIVES - GOMES - 1MQ1-FTQW- 21305 1476 31.06 01/10/24 ENVISION GRAPHICS NOTICE TO APPEAR CITES NOS. 463451-466199 21313 2309017 2,226.31 01/17/24 ALL CITY MANAGEMENT CROSSING GUARDS - 12/10-12/23/23 21593 1508 9,941.52 01/10/24 PETTY CASH FIELD SER PETTY CASH REIMBURSEMENT 010324 21370 2309065 35.87 TOTAL TRAFFIC 23,090.22
10070703 CANINE
01/17/24 COMMUNITY VETERINARY K9 POMIX BOARDING 12/11-THREE DAYS 21597 2309135 195.00 TOTAL CANINE 195.00
10070705 L.E. COMMUNICATIONS
01/10/24 SPARKLETTS PD WATER DELIVERY - 12/6, 12/14 & 12/20 21316 2309097 322.68 01/17/24 CYRACOM INTERNATIONA NON-EMERGENCY TRANSLATIONS - DECEMBER 21591 2309139 95.55 TOTAL L.E. COMMUNICATIONS 418.23
10070707 CRIME PREVENTION
01/10/24 AMAZON REFUND FOR CANDY NOT RCVD - 1CD9-JRGW- 21281 1476 (25.35) 01/10/24 PETTY CASH FIELD SER PETTY CASH REIMBURSEMENT 010324 21370 2309065 140.18 TOTAL CRIME PREVENTION 114.83
10070708 RANGE
01/10/24 CITY OF WESTMINSTER RANGE FEES - 11/8, 11/15 & 11/17/23 21323 2309009 1,209.00 01/10/24 ADKINS, BERTRUM A. RANGEMASTER SERVICES - DECEMBER 2023 21318 1474 875.00 TOTAL RANGE 2,084.00
10080800 RECREATION CENTER
01/10/24 SPECTRUM GAS PRODUCT HELIUM TANK RENTAL 21416 2309100 25.00 01/10/24 AMAZON 1PMD-DR4F-HHQD COMPUTER SPEAKERS 21417 1476 64.26 01/10/24 AMAZON 1JWT-HPJ7-FWV6 HOOKS 21420 1476 8.36
01/17/24 AMAZON 1W1Q-VFP7-476C - RC SUPPLIES - CARDS 21641 1509 57.61 01/17/24 AMAZON 14MP-KMQV-K9LR - RC SUPPLIES/ PLANNER 21640 1509 19.56 01/17/24 AMAZON 19LK-4K7P-MX66 - LUNAR NEW YEAR 21642 1509 99.59 01/17/24 AMAZON 1FTH-L7V1-N3QV - RC LUNAR NEW YEAR & 21643 1509 49.77 TOTAL RECREATION CENTER 324.15
10080810 SENIOR & COMM CENTER
01/17/24 NEWFANGLED FOUR ENTERTAINMENT FOR THANKSGIVING 21649 2309180 400.00 01/10/24 BILL'S SOUND SYSTEMS SERVICE ON AV SOUND SYSTEM 21463 2309000 120.00 01/10/24 SPARKLETTS SENIOR CENTER WATER 21295 2309096 66.43 01/10/24 THE MUSIC COMPANIE ENTERTAINMENT FOR HOLIDAY LUNCHEON 21480 2309106 375.00 01/10/24 AMAZON SPECIAL EVENT SUPPLIES 1P7K-NFHL-9NYK 21444 1476 116.88 01/10/24 AMAZON OFFICE SUPPLIES 1C71-J6WJ-DD61 21445 1476 86.10 01/10/24 BLDG REFUND REFUND FOR RENTAL ON JULY 1, 2023 21466 2309001 300.00 01/17/24 VERIZON WIRELESS SC HOTSPOT 21647 2309218 38.01 TOTAL SENIOR & COMM CENTER 1,502.42
10080820 CONTRACT CLASSES
01/10/24 REC SVCS REFUND REFUND FOR 332031-A1 21253 2309073 39.00 01/10/24 JAEGER, NANCY J INSTRUCTOR PAYMENT FOR FALL 2023 21418 1488 546.00 01/10/24 POSTMASTER/U.S.POSTA SPRING FOUNTAIN PEN 2024 POSTAGE 21397 2309067 3,500.00 01/10/24 REFUND ONE-TIME REFUND FOR STRETCH & FLEX 21536 2309074 36.00 01/10/24 REFUND ONE-TIME REFUND FOR LINE DANCING 3/4 21537 2309075 36.00

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01/17/24 REC SVCS REFUND REFUND FOR 355030-A1 21555 2309188 166.00 01/17/24 REC SVCS REFUND REFUND FOR 351139-A1 21557 2309186 31.00 01/17/24 REC SVCS REFUND REFUND FOR 351139-A1 21564 2309187 31.00 01/17/24 REC SVCS REFUND REFUND FOR 371136-A1 21568 2309183 31.00 01/17/24 REC SVCS REFUND REFUND FOR 371136-A1 21569 2309182 31.00 01/17/24 AMAZON DECOR FOR LOBBY 21648 1509 143.24
01/17/24 REC SVCS REFUND REFUND FOR 232151-A1 21650 2309189 121.39 01/17/24 REC SVCS REFUND REFUND FOR 332152-A2 21651 2309185 35.00 01/17/24 REC SVCS REFUND REFUND FOR 332032-A1 21652 2309190 28.25 01/17/24 REC SVCS REFUND REFUND FOR FOREVER YOUNG 21653 2309184 208.00 01/17/24 REC SVCS REFUND REFUND FOR 332031-A1 21654 2309191 39.00 01/17/24 JACKSON, VICKIE LEE PAYMENT FOR 251139-A2 21710 1520 204.75 TOTAL CONTRACT CLASSES 5,226.63
10080821 SPECIAL EVENTS
01/17/24 AMAZON 19LK-4K7P-MX66 - LUNAR NEW YEAR 21642 1509 19.99 01/17/24 AMAZON 1FTH-L7V1-N3QV - RC LUNAR NEW YEAR & 21643 1509 34.91 TOTAL SPECIAL EVENTS 54.90
10090004 PENSION/OPEB
01/18/24 CALPERS ADDT'L UAL PMT 23.24-MISC FIRST TIER (9243) 21646 1507 3,000,000.00 TOTAL PENSION/OPEB 3,000,000.00
10095000 GENERAL FUND
01/10/24 PLAYPOWER LT FARMING PARK SWING REPAIR MATERIAL 21327 1496 1,786.04 TOTAL GENERAL FUND 1,786.04
10097000 GF PROJ RECURRING
01/10/24 COUNTY OF ORANGE NEW ANIMAL SHELTER - 10/1/23-12/31/23 21320 2309013 21,855.85 TOTAL GF PROJ RECURRING 21,855.85
11010050 ISF IS ADMIN CAPITAL
01/17/24 PLANETBIDS LLC ONLINE MODULE FOR PROCUREMENT 21613 1524 20,180.00 01/10/24 AMAZON FELLOWES MICROBAN BASIC 104 KEYBOARD 21326 1476 262.35 01/10/24 AMAZON 5 POWER STRIPS, 5 USB 4 CABLES, 10 SLEEK 20352 2308981 527.35 01/10/24 AMAZON Feanteek USB to AJ2.5 Cable 20580 1476 21.74 01/17/24 AMAZON 2-IN-1 POWERED MICRO USB TO USB OTG 20734 1509 14.09 01/10/24 CHARTER COMMUNICATIO SPECTRUM SC COMP LAB 12/13-1/13/24 21454 2309008 229.98 01/10/24 ADVANCED OFFICE / IN RICOH LEASED 24 - US BANK 12/15 - 1/15/2024 21490 2308980 2,807.50 01/17/24 CMS SOLUTIONS SWAPPED EXTENSION #510 AND #233 21243 2309134 115.00 01/17/24 CHARTER COMMUNICATIO SPECTRUM ENTERPRISE CH FIBER 12/31 - 21598 2309132 1,975.00 01/10/24 AMAZON VIVO KEYBOARD TRAY UNDER DESK PULL OUT 21384 1476 77.18 01/10/24 ON3SPATIAL, LLC GIS ASSESSMENT PROJECT - ON3SPATIAL 21468 1494 9,600.00 01/17/24 THE INTERSECT GROUP TEMP SERVICES - C. M. 1/7/24 21663 2309210 1,017.36 01/17/24 THE INTERSECT GROUP TEMP SERVICES- D. P. 1/7/24 21664 2309210 1,312.00 01/17/24 THE INTERSECT GROUP TEMP SERVICES - D. Z. 1/7/24 21665 2309210 2,560.00 01/17/24 IMGB SOLUTIONS IMGB FIREWALL AND NETWORK ROUTING 21683 2309163 3,150.00 TOTAL ISF IS ADMIN CAPITAL 43,849.55
11094001 ISF IS FINANCE PRJ NON-REC
01/17/24 TYLER TECHNOLOGIES IMP-HCM 12/5, 12/7, 12/13 ABRAHAM-ROBINS 21627 2309214 5,600.00

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01/17/24 TYLER TECHNOLOGIES IMP-HCM 12/19 & 12/21 ABRAHAM 21628 2309214 2,800.00 TOTAL ISF IS FINANCE PRJ NON-REC 8,400.00
11110000 ISF GB CITY HALL
01/17/24 AT&T MOBILITY TABLETS/IPADS/CELLS (OCT 27-NOV 26) 21524 2309127 189.03 01/17/24 RED WING BUSINESS AD SAFETY BOOTS-J.L. 21522 2309192 215.00 01/10/24 ROAD RUNNER EXTERMIN EXTERMINATOR SERVICE CITY HALL 21340 2309080 72.00 01/17/24 OFFICE FURNITURE CON HR CUBICLE WALLS INSTALL 21603 1523 4,439.72 01/17/24 VERIZON WIRELESS FLEET CELL PHONES (NOV 26-DEC 25) 21577 2309222 110.31 01/17/24 FRONTIER COMMUNICATI FRONTIER METRONET 1/1 - 1/31/24 21606 2309149 533.33 01/17/24 DMS FACILITY SERVICE JANITORIAL SERVICES CON-19-54 JANUARY 21624 2309143 3,454.00 01/17/24 SO CALIF EDISON CO CITY HALL ELECTRICITY 12/6/23 - 1/5/24 21520 2309205 5,791.72 01/10/24 SO CALIF GAS CO CITY HALL NATURAL GAS BILL 12/4/24 - 1/4/24 21443 2309088 1,068.63 01/17/24 OFFICE FURNITURE CON WALL DELIVERY AND INSTALL ONLY - PODCAST 21608 1523 614.44 TOTAL ISF GB CITY HALL 16,488.18
11150000 ISF GB CITY YARD
01/10/24 AMTECH ELEVATOR SERV ELEVATOR SERVICE FOR YARD 21333 2308983 221.67 01/10/24 GRAINGER, INC. HAND CLEANER 21330 2309023 141.87 01/10/24 GRAINGER, INC. LAMPS FOR STOCK 21331 2309024 283.38 01/10/24 JMG SECURITY SYSTEMS SECURITY ACCESS CONTROL 21329 2309051 250.00 01/17/24 CLIMATEC, LLC HVAC SERVICE CALL 21619 1517 1,462.00 01/17/24 DMS FACILITY SERVICE JANITORIAL SERVICES CON-19-54 JANUARY 21624 2309143 2,788.00 01/17/24 SO CALIF EDISON CO CORP YARD ELECTRICITY 12/4/23 - 1/3/24 21505 2309202 2,682.91 01/10/24 SO CALIF GAS CO CORP YARD NATURAL GAS 12/5/23 - 1/5/24 21471 2309093 194.53 TOTAL ISF GB CITY YARD 8,024.36
11160001 ISF GB FS1
01/17/24 FRONTIER COMMUNICATI FS#1 PHONE 11/13 - 12/12/23 21605 2309148 202.89 01/17/24 FRONTIER COMMUNICATI FRONTIER FS#1 CKT 12/22 - 1/21/24 21492 2309147 55.47 01/17/24 FRONTIER COMMUNICATI CKT FS#1 METRO NET 1/1 - 1/31/23 21607 2309150 57.40 01/17/24 GOLDSTAR PRODUCTS, I DRAIN CLEANING-OPENER PRODUCT 21621 2309152 1,001.84 01/10/24 SO CALIF GAS CO FIRE STATION #1 NATURAL GAS BILL 12/4/23 - 21446 2309089 601.06 TOTAL ISF GB FS1 1,918.66
11160002 ISF GB FS2
01/17/24 GOLDSTAR PRODUCTS, I DRAIN CLEANING-OPENER PRODUCT 21621 2309152 1,001.84 01/10/24 SO CALIF GAS CO FIRE STATION #2 NATURAL GAS 12/5/23 - 1/5/23 21469 2309092 229.04 TOTAL ISF GB FS2 1,230.88
11160003 ISF GB BUSHARD
01/10/24 SO CALIF EDISON CO FIRE STATION NEW ELECTRICITY 11/17/23 - 21325 2309085 591.75 TOTAL ISF GB BUSHARD 591.75
11170000 ISF GB POLICE DEPARTMENT
01/10/24 PRINGLES DRAPERIES PROVIDE AND INSTALL SHADES 21431 2309069 1,687.84 01/10/24 PROFESSIONAL PLUMBIN UNCLOG RESTROOM TOILET AND SINK 21429 2309070 434.50 01/10/24 AMTECH ELEVATOR SERV MAINTENANCE SERVICE 21430 2308984 200.41 01/10/24 PACIFIC COAST REFRIG HVAC REPAIR REFRIGERANT POLICE DEPT 21298 2309063 1,714.00 01/10/24 COUNTY OF ORANGE OCATS - DECEMBER 2023 21322 2309014 1,374.20 01/10/24 PACIFIC COAST REFRIG HVAC REPAIR REFRIGERANT POLICE DEPT A/C 21297 2309062 2,666.00

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01/10/24 ROAD RUNNER EXTERMIN PEST CONTROL SERVICE 21427 2309081 107.00 01/17/24 VERIZON WIRELESS VERIZON WIRELESSPD MDC 12/23 -1/22/24 21493 2309219 1,188.26 01/17/24 DMS FACILITY SERVICE JANITORIAL SERVICES CON-19-54 JANUARY 21624 2309143 7,188.00 01/17/24 SO CALIF EDISON CO POLICE DEPARTMENT ELECTRICITY 12/6/23 - 21538 2309206 7,503.03 01/10/24 SO CALIF GAS CO POLICE DEPARTMENT NAT GAS BILL 12/4/23 - 21442 2309087 1,119.27 TOTAL ISF GB POLICE DEPARTMENT 25,182.51
11180000 ISF GB REC CENTER
01/10/24 PEERLESS MATERIALS C CLEANING RAGS/TOWELS 21382 2309064 575.72 01/10/24 ROAD RUNNER EXTERMIN EXTERMINATOR SERVICE FOR SPORTS PARK 21338 2309078 175.00 01/10/24 ROAD RUNNER EXTERMIN EXTERMINATOR SERVICE REC CENTER 21339 2309079 82.00 01/17/24 DMS FACILITY SERVICE JANITORIAL SERVICES CON-19-54 JANUARY 21624 2309143 14,859.00 01/17/24 GRAINGER, INC. NEW DOOR LOCK 21618 2309153 71.01 01/17/24 SO CALIF EDISON CO PARK AND RIDE (RC) ELECTRICITY 12/6/23 - 21614 2309207 809.21 01/10/24 SO CALIF GAS CO REC CENTER NATURAL GAS 12/5/23 - 1/5/24 21447 2309090 549.18 TOTAL ISF GB REC CENTER 17,121.12
11180001 ISF GB SR CENTER
01/10/24 AMTECH ELEVATOR SERV ELEVATOR SERVICE FOR SENIOR CENTER 21332 2308982 188.31 01/10/24 PACIFIC COAST REFRIG HVAC REPAIRS LIMIT SWITCH SENIOR CTR 21274 2309059 493.00 01/10/24 PACIFIC COAST REFRIG HVAC REPAIR BLOWER REPLACE #12 SENIOR 21280 2309060 1,714.00 01/10/24 PACIFIC COAST REFRIG HVAC REPAIR BLOWER REPLACE #2 SENIOR 21292 2309061 1,196.00 01/17/24 DMS FACILITY SERVICE JANITORIAL SERVICES CON-19-54 JANUARY 21624 2309143 5,316.00 01/10/24 SO CALIF GAS CO SENIOR CENTER NATURAL GAS BILL 12/4/23 - 21458 2309091 455.12 TOTAL ISF GB SR CENTER 9,362.43
11250001 PW - FLEET MGMT
01/17/24 AT&T MOBILITY TABLETS/IPADS/CELLS (OCT 27-NOV 26) 21524 2309127 45.03 01/17/24 DANIEL'S TIRE SERVIC TIRE CORE CREDIT 21174 2309140 (209.22) 01/10/24 FACTORY MOTOR PARTS STOCK PARTS 21399 2309020 258.83 01/10/24 RINCON TRUCK CENTER, STOCK PARTS 21402 2309077 24.11 01/10/24 SC FUELS BULK GAS FOR STATION 1 21391 2309082 6,410.87 01/10/24 SC FUELS BULK DIESEL FOR STATION 2 21393 2309082 2,178.91 01/10/24 JOHNSON EQUIPMENT CO PARTS FOR UNIT 267 21394 2309052 206.26 01/10/24 FACTORY MOTOR PARTS PARTS FOR UNIT 243 21398 2309020 336.62 01/10/24 ASBURY ENVIRONMENTAL USED OIL RECYCLE 21400 2308985 100.00 01/17/24 SC FUELS JANUARY 2024 MONTHLY CARDS 21704 2309198 22,903.14 01/10/24 FACTORY MOTOR PARTS PARTS FOR UNIT 204 21396 2309020 13.55 01/10/24 RINCON TRUCK CENTER, STOCK PARTS 21401 2309077 92.28 01/10/24 FACTORY MOTOR PARTS PARTS FOR UNIT 138 21395 2309020 82.54 01/17/24 MCPEEK DODGE OF ANAH UNIT 330 REFLASH 21700 2309175 220.00 01/17/24 MCPEEK DODGE OF ANAH UNIT 401 REPAIR 21699 2309175 497.71 01/17/24 AMAZON CALENDAR REFILL - 1RCD-D9F4-KKJJ 21584 1512 7.17 01/17/24 CONNELL CHEVROLET PART FOR UNIT 243 21697 2309137 215.65 01/17/24 FOUNTAIN VALLEY PAIN SHOP SUPPLIES 21698 2309146 210.63 01/17/24 AMAZON WEBCAM AND HEADSET - 1RM3-HNRQ-FNY3 21581 1511 50.97 01/17/24 DANIEL'S TIRE SERVIC STOCK TIRES 21702 2309140 2,385.50 01/17/24 MONSTER IMAGE, INC CITY SEALS DECAL 21701 2309177 375.19

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TOTAL PW - FLEET MGMT 36,405.74
11400400 SELF INSURANCE
01/10/24 ATHENS ADMINISTRATOR REPLENISHMENT OF CHECKS WRITTEN 12/1/23 21509 1480 88,319.86 TOTAL SELF INSURANCE 88,319.86
11400411 SELF INSURANCE
01/10/24 OLZACK HEALTHCARE AUSTER CASE - LIFE CARE PLAN REVIEW 21208 2309058 6,600.00 01/10/24 HARPER AND BURNS, LL CLAIMS LITIGATION 21189 1487 5,846.19 01/10/24 THE COUNSELING TEAM DECEMBER MONTHLY EAP SERVICES FOR

21376 2309103 1,100.00
01/10/24 THE COUNSELING TEAM JANUARY MONTHLY EAP SERVICES FOR FVFD 21467 2309104 1,100.00 TOTAL SELF INSURANCE 14,646.19
11400430 SELF INSURANCE
01/10/24 MYERS-STEVENS & TOOH FEBRUARY 2024 PORAC LTD (ACCT 54541) 21317 2309057 1,366.20 01/10/24 FOUNTAIN VALLEY FIRE FVFA LTD FOR FEBRUARY 2024 21551 1484 721.50 01/17/24 THE LINCOLN NATIONAL LIFE INSURANCE/LTD/ADD/EAP (01/01/24- 21634 2309211 1,424.70 TOTAL SELF INSURANCE 3,512.40
11500000 ISF EMPLOYEE BENEFITS
01/10/24 CALPERS CALPERS MEDICAL - JANUARY 2024 20798 1417 297,134.33 01/11/24 FOUNTAIN VALLEY POLI Payroll PPE 010524 8002 21525 1504 2,450.00 01/11/24 ORANGE COUNTY EMPLOY PR PPE 010524 - 8003, 8004 21526 1505 375.65 01/10/24 FOUNTAIN VALLEY CRED PR PPE 010524 - 9500 21527 1482 45,606.60 01/10/24 FOUNTAIN VALLEY FIRE PR PPE 010524 - 8000 21528 1483 2,727.64 01/10/24 FOUNTAIN VALLEY GENE PR PPE 010524 - 8001 21529 1485 507.00 01/10/24 MISSION SQUARE RET P Plan #803216 - PPE 010524 RHF & RHS 21530 1491 2,236.01 01/10/24 MISSION SQUARE RET P Plan #800389 - PPE 010524 RHA & RHC 21531 1492 1,161.33 01/10/24 MISSION SQUARE RET P Plan #800414 - PPE 010524 RHM Deductions 21532 1493 203.54 01/10/24 U.S. BANK N.A. PR PPE 010524 - 7029, 7030 21533 1500 1,485.56 01/10/24 FVPOA PAC PR PPE 010524 - 8005 21534 1486 525.00 01/17/24 THE LINCOLN NATIONAL LIFE INSURANCE/LTD/ADD/EAP (01/01/24- 21634 2309211 3,203.30 TOTAL ISF EMPLOYEE BENEFITS 357,615.96
11500450 EMPLOYEE BENEFITS
01/10/24 CALPERS CALPERS MEDICAL - JANUARY 2024 20798 1417 30,790.41 01/10/24 CALPERS 2024 RBF CHARGES-YOTSUYA 21302 1465 1,283.52 01/10/24 STERLING HEALTH SERV FSA ADMIN FEES 12/01/2023 - 12/31/2023 21567 1499 90.50 TOTAL EMPLOYEE BENEFITS 32,164.43
23030310 CDBG CODE ENFORCEMENT
01/10/24 VERIZON WIRELESS 12/26/23-1/25/24 PLNNG, BLDG &CDBG CE CELL 21433 2309119 41.89 01/10/24 AT&T MOBILITY 11/27-12/26/2023 CDBG CE& BLDG IPADS 21560 2308989 40.24 TOTAL CDBG CODE ENFORCEMENT 82.13
23030313 CDBG NEIGHBOORHOOD REVITA
01/17/24 YOU CHECK CREDIT.COM CREDIT CHECKS - DEC 2023- CDBG HIP AND 21623 2309228 19.90 TOTAL CDBG NEIGHBOORHOOD REVITA 19.90
23030314 CDBG OC FAIR HOUSING PROG
01/17/24 FAIR HOUSING COUNCIL PSA SUB-RECIPIENT GRANT PER 23-24 ACTION 21715 2309144 1,250.00 TOTAL CDBG OC FAIR HOUSING PROG 1,250.00
23030315 CDBG PUBLIC SERVICE

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01/10/24 THE LIGHTHOUSE OUTRE PSA SUB-RECIPIENT GRANT PER 23-24 ACTION 21434 2309105 8,673.00 01/17/24 SENIOR SERVICE PSA SUB-RECIPIENT GRANT PER 23-24 ACTION 21716 2309199 1,874.50 01/17/24 SENIOR SERVICE PSA SUB-RECIPIENT GRANT PER 23-24 ACTION 21717 2309199 2,987.50 01/17/24 INTERVAL HOUSE PSA SUB-RECIPIENT GRANT PER 23-24 ACTION 21718 2309172 3,750.00 TOTAL CDBG PUBLIC SERVICE 17,285.00
23130322 FVHA LOAN ADMINISTRATION
01/17/24 YOU CHECK CREDIT.COM CREDIT CHECKS - DEC 2023- CDBG HIP AND 21623 2309228 19.90 TOTAL FVHA LOAN ADMINISTRATION 19.90
23130324 FVHA AFFORDABLE
01/17/24 STRADLING YOCCA CARL LEGAL SERVICES AFF HOUSING / Inclusionary 21631 2309208 4,905.00 01/17/24 STRADLING YOCCA CARL LEGAL SERVICES FOR AFF HOUSING/ Gen Aff 21632 2309208 792.00 01/17/24 STRADLING YOCCA CARL LEGAL SERVICES FOR AFF HOUSING OLG Nov 21635 2309208 1,980.00 01/17/24 STRADLING YOCCA CARL LEGAL SERVICES FOR AFFORDABLE HOUSING 21711 2309208 247.50 01/17/24 STRADLING YOCCA CARL LEGAL SERVICES FOR AFFORDABLE HOUSING 21713 2309208 247.50 01/17/24 STRADLING YOCCA CARL LEGAL SERVICES FOR AFFORDABLE HOUSING 21714 2309208 1,039.50 TOTAL FVHA AFFORDABLE 9,211.50
30095300 CAPITAL IMP - FACILITIES
01/17/24 J R UNIVERSAL CONSTR PD LOCKER ROOM CONSTRUCTION PP3 21611 1519 196,077.25 01/10/24 TRIPEPI, SMITH & ASS UAP VIDEO PRODUCTION 21438 2309108 1,431.39 01/10/24 TRIPEPI, SMITH & ASS UAP PRODUCTION VIDEO 21437 2309108 120.00 TOTAL CAPITAL IMP - FACILITIES 197,628.64
50000000 WF NON-DEPARTMENTAL
01/10/24 UTILITY REFUND UTILITY REFUND - FINALED 01/02/24 21415 2309111 124.43 01/10/24 UTILITY REFUND UTILITY REFUND - FINALED 01/03/24 21422 2309113 14.10 01/10/24 UTILITY REFUND UTILITY REFUND - FINALED 01/03/24 21423 2309116 46.84 01/10/24 UTILITY REFUND UTILITY REFUND - FINALED 12/04/23 21424 2309112 54.80 01/10/24 UTILITY REFUND UTILITY REFUND - FINALED 12/13/23 21432 2309115 54.80 01/10/24 UTILITY REFUND UTILITY REFUND - FINALED 01/02/2024 21435 2309117 71.10 01/10/24 UTILITY REFUND UTILITY REFUND - FINALED 12/19/23 21436 2309114 36.75 TOTAL WF NON-DEPARTMENTAL 402.82
50040403 WF UTILITY BILLING
01/17/24 INFOSEND, INC UTILITY BILL PRINTING - DECEMBER 2023 21540 2309171 3,842.92 01/17/24 AMAZON OFFICE SUPPLIES: RUBBER BANDS, STAMP, 21660 1509 70.32 01/17/24 AMAZON LYSOL SPRAY, 2 PACK 21672 1509 6.49
TOTAL WF UTILITY BILLING 3,919.73
50050570 WF WTR PROD. OPNS
01/10/24 TESS ELECTRIC, INC WELL 9 VFD REPLACEMENT 21461 2309102 7,867.52 01/17/24 AT&T MOBILITY TABLETS/IPADS/CELLS (OCT 27-NOV 26) 21524 2309127 291.51 01/17/24 VERIZON WIRELESS WATER CELL PHONES (NOV 26-DEC 25) 21575 2309221 927.02 01/10/24 WILLIAMS, LANDON V AWWA AND ORANGE COUNTY BACKLFLOW 21262 1502 593.00 01/17/24 AMAZON DATE STAMP 1C17-KT6F-7CJP 21622 1515 36.87 01/17/24 AMAZON 100 9X12 ENVELOPES -1M4Q-YYLN-1WRJ 21578 1510 22.37 01/17/24 ORANGE COUNTY WATER OCWD WELL REPLENISHMENT JUL-DEC 2023 21645 1506 2,801,198.40 01/17/24 MUNICIPAL WATER DIST DEC 2023 - IMPORT WATER 21694 2309178 3,325.70 TOTAL WF WTR PROD. OPNS 2,814,262.39

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50050571 WF DISTRIBUTION SYSTEM
01/17/24 UNDERGROUND SERVICE CALIFORNIA STATE FEE 20388 2309215 92.40 01/17/24 UNDERGROUND SERVICE DIGALERT TICKETS 20390 2309215 195.50 01/10/24 YO FIRE 6" VALVE, 6" MJ X FLANGE ADAPTER, 6" C-900 21506 2309122 3,416.93 01/10/24 YO FIRE 6" VALVE, NO-OXIDE GREASE, POLYSHEET 21504 2309122 1,463.78 01/10/24 AMAZON BATTERIES, CLAY SYSTEM-1M7W-JH1R-HJRD 21265 1478 127.48 01/10/24 AMAZON C BATTERIES- 1NTQ-RRH6-T3RM 21264 1477 14.13 01/17/24 INFOSEND, INC UTILITY BILL PRINTING - DECEMBER 2023 21540 2309171 50.74 01/10/24 UNDERGROUND SERVICE DIGALERT TICKETS 21507 2309110 153.50 01/10/24 UNDERGROUND SERVICE CALIFORNIA STATE FEE 21508 2309110 92.40 01/10/24 AMAZON MAXIFLEX GLOVES 21501 1476 370.58
TOTAL WF DISTRIBUTION SYSTEM 5,977.44
50050572 WF WTR QUAL & TREATMENT
01/10/24 SWRCB ACCOUNTING OFF WATER SYSTEM ANNUAL FEES 7/1/23- 6/30/24 21254 2309101 71,312.45 01/17/24 USA BLUE BOOK TISAB FOR FLUORIDE SAMPLING 21633 2309216 1,159.06 01/17/24 SIERRA ANALYTICAL LA WATER QUALITY TESTING SERVICES 21521 2309200 5,650.00 TOTAL WF WTR QUAL & TREATMENT 78,121.51
50050573 WF CUSTOMER SERVICE
01/10/24 SMARDAN SUPPLY CO. NITRILE GLOVES 21502 2309084 143.35 TOTAL WF CUSTOMER SERVICE 143.35
50150580 SF SEWER MAINTENANCE
01/17/24 AT&T MOBILITY TABLETS/IPADS/CELLS (OCT 27-NOV 26) 21524 2309127 80.48 01/10/24 AMAZON 12 PK SHINE PROTECTANT-14RY-RL4J-1HXH 21266 1479 273.78 01/10/24 HAAKER EQUIPMENT COM TIGER TAIL- LDR 3000 21498 2309049 1,116.88 TOTAL SF SEWER MAINTENANCE 1,471.14
50250590 SWF SOLID WASTE
01/10/24 REPUBLIC SERVICES, I RUBBISH HAULING - DECEMBER 2023 21439 2309076 367,151.71 TOTAL SWF SOLID WASTE 367,151.71
60030301 CUSTODIAL - BLDG SAFETY
01/17/24 BLDG REFUND 50% REFUND SEWER FEE OC SAN 23-1457 21503 2309129 939.60 01/17/24 CALIFORNIA BUILDING 4TH QTR 2023 GREEN BUILDING FEES SB1473 21548 2309131 1,276.00 TOTAL CUSTODIAL - BLDG SAFETY 2,215.60
TOTAL $7,872,919.68

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CITY OF FOUNTAIN VALLEY

CITY COUNCIL

COUNCIL ACTION REQUEST
To: Honorable Mayor and Agenda Date: January 30, 2024
Members of the City Council
SUBJECT: Second Read and Adoption of An Ordinance Adding Chapters 4.35 Group Homes and 21.29 Group Homes and Amending Section 21.08.030 Residential Zoning District Land Uses and Permit Requirements to the Fountain Valley Municipal Code
Three-Year Strategic Goals
☒ Enhance the culture and environment of “A Nice Place to Live” ☐ Attract and retain revenue producing businesses
☐ Achieve fiscal stability in accordance with the 20-Year Financial Plan ☐ Attract and retain quality staff
☐ Not applicable
EXECUTIVE SUMMARY:

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

During a noticed public hearing on September 19, 2023, the City Council approved the first reading and introduction of this ordinance without amendment. If approved, the ordinance will take effect in 30 days.

DISCUSSION:

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

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

The City of Fountain Valley has seen a steady increase in the number of sober living facilities operating in its single-family residences. The purpose of sober living homes is to provide a

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Ordinance Adding Chapters 4.35 Group Homes and 21.29 Group Homes and Amending Section 21.08.030 Residential Zoning District Land Uses and Permit Requirements January 30, 2024

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comfortable living environment for persons with drug or alcohol addictions in which they remain clean and sober and can participate in a recovery program in a residential, community environment, and so that they can reside in the residential neighborhood of their choice.

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

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

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

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

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

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Ordinance Adding Chapters 4.35 Group Homes and 21.29 Group Homes and Amending Section 21.08.030 Residential Zoning District Land Uses and Permit Requirements January 30, 2024

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

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

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

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

Additional requirements include a 24-hour house manager present at the group home on a day to day basis, transportation for evicted residents to their permanent address, and prohibition of the use of any alcohol or any non-prescription drug at the sober living home or by any resident either on or off site.

In addition, existing group homes must apply for a special use permit within 90 days of the effective date of the ordinance. Group home and sober living home operators may seek relief from any section of the ordinance by requesting a reasonable accommodation pursuant to Fountain Valley Municipal Code section 21.08.060.

Planning Commission Review and Recommendation:

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

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Ordinance Adding Chapters 4.35 Group Homes and 21.29 Group Homes and Amending Section 21.08.030 Residential Zoning District Land Uses and Permit Requirements January 30, 2024

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During a noticed public hearing on September 19, 2023, the City Council approved the first reading and introduction of this ordinance without amendment. On October 3, 2023, the City Council voted to continue the second read and adoption of the ordinance for 90 days. It has been 90 days and the ordinance is back for consideration of its second read and adoption by the City Council.

FISCAL REVIEW:

There is no fiscal impact related to this item.

PUBLIC NOTIFICATION:

This item was agendized in compliance with the Brown Act.

ENVIRONMENTAL IMPACT REVIEW:

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

ATTORNEY REVIEW:

The Attorneys for the City reviewed and approved this ordinance.

ALTERNATIVES:

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

4.35 Group Homes and 21.29 Group Homes and amending Section

21.08.030 Residential Zoning District Land Uses and Permit Requirements.

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

RECOMMENDATION:

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

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

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ORDINANCE NO.______

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

21.08.030 RESIDENTIAL ZONING DISTRICT LAND USES AND

PERMIT REQUIREMENTS TO THE FOUNTAIN VALLEY

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

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

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

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

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

Section 1:

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

4.35.010 Definitions.

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

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

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

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

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

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

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

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

4.35.020 Zoning requirements.

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

4.35.025 Operator’s permit required.

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

4.35.030 Exceptions.

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

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

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

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

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

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

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

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

4.35.045 Revocation of operator’s permit.

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

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

4.35.055 Compliance.

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

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Section 2:

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

21.29.010 Purpose.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Section 3:

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

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

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

TABLE 2-2

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

RECREATION, EDUCATION, PUBLIC ASSEMBLY USES
Private residential
recreational facilities

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

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

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

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

P P P P P
Residential care home -
large

CUP CUP CUP CUP CUP
Residential care home -
small

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

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

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

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

Section 4:

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

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

ATTEST:
_______________________ _______________________
Rick Miller, City Clerk Patrick Harper, Mayor
Approved as to Form:

HARPER & BURNS LLP
_______________________
Alexandra Halfman
Attorneys for the City

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CITY OF FOUNTAIN VALLEY

CITY COUNCIL

COUNCIL ACTION REQUEST
To: Honorable Mayor and Agenda Date: January 30, 2024
Members of the City Council
SUBJECT: City of Fountain Valley Six Month Strategic Objectives Update for November 16, 2023 through May 23, 2024.

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:

On November 16, 2023 the City Council held a strategic planning session with executive management team and department managers. The Strategic Plan was then presented to City Council at the December 19, 2023 City Council Meeting for adoption. Those that were in attendance collaborated to establish the City’s six-month strategic planning objectives for November 16, 2023 through May 23, 2024. The strategic plan has and will continue to serve as a guideline for both the Council and City staff as we work to achieve our goals over the next few years. The Strategic Plan strategic objectives on the attached spreadsheet has been updated so that the City Council can see the progress that has been made on the action items.

DISCUSSION:

During the City’s Strategic Planning session on November 16, 2023, City Council, executive management team including department managers discussed achievements and missed opportunities.

The City’s vision and mission statements are:

The City of Fountain Valley vision statement is:

Fountain Valley is a safe, inclusive, and desirable community where you can live your best life! The City of Fountain Valley mission statement is:

The City of Fountain Valley is a team driven organization committed to providing excellent service to our community through our Core Values: Fiscal Stability, Honesty, Integrity and Ethical Behavior, Teamwork, Innovation, Quality of Life, and Excellent Customer Service.

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City of Fountain Valley Strategic Plan
January 30, 2024

Page 2 ends

Through the collaborative efforts, City Council and City staff help clearly define the goals and priorities of the City in which a finalized Six Month Strategic Objectives Matrix for November 16, 2023 through May 23, 2024.

The recommended 2023-2026 goals were agreed upon and are not in any priority:
 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 City Council and City staff prepared the six-month objectives in support of the 2023-2026 goals. These objectives and staff’s progress toward achieving them are attached for your reference under Attachment No. 1.

FISCAL REVIEW:

No fiscal impact to this item. The fiscal impact of any objective, as identified in the matrix, has either been included in the Fiscal Year 2023-24 revised budget or will be brought to Council for consideration at a later date.

PUBLIC NOTIFICATION:

Not applicable.

ENVIRONMENTAL IMPACT REVIEW:

Not applicable.

ATTORNEY REVIEW:

Attorney for the City has reviewed this item.

ALTERNATIVES:

Alternative No. 1: Receive and File the updated strategic objectives matrix for November 16, 2023 through May 23, 2024.

Alternative No. 2: Direct staff to take an alternate action.

RECOMMENDATION:

Staff recommends that the City Council approve Alternative No. 1.

Prepared by: Maggie Le, City Manager
Reviewed by: Ryan Smith, Finance Director
Approved by: Colin Burns, Attorney for the City
Attachment:

1. Six Month Strategic Objectives Matrix for May 11, 2023 – November 16, 2023

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C ITY OF FOUNTAIN VALLEY

SIX-MONTH STRATEGIC OBJECTIVES
November 16 , 202 3 – May 23 , 20 24
City of Fountain Valley Vision Statement
Fountain Valley is a safe, inclusive, and desirable community where you can live your best life! City of Fountain Valley Mission Statement
The City of Fountain Valley is a team driven organization committed to providing excellent service to our community through our core values.

Core Values
Fiscal Stability, Honesty, Integrity and Ethical Behavior, Teamwork, Innovation, Quality of Life, and Excellent Customer Service THREE-YEAR GOAL: ENHANCE THE CULTURE AND ENVIRONMENT OF “A NICE PLACE TO LIVE”

WHEN WHO WHAT STATUS COMMENTS

DONE ON
TARGET

REVISED BUDGET

1. By March 5,
2024, to City
Manager
Police Chief-lead with Deputy
City Manager/Community
Development Director
Present City’s action plan for the Central Cities
Navigation Center to City Manager. X
N/A On target to present to
CM in March, pending
CCNC has finalized
operational guidelines.

2. By March 19,
2024, City
Council meeting
Community Services Directorlead with Finance Director
and Public Works Director
Create an RFP for Parks Master Plan.

X
$175,00
0 to
$250,00
0 (Park
Funds)

3. By February
20, 2024, City
Council meeting
Public Works Director Present more information on Orange County Power Authority and its program for City Council
consideration.

X N/A Scheduled for January
30, 2024.

B
THREE-YEAR GOAL: ACHIEVE FISCAL STABILITY BY EVALUATING PROCESSES, AND ATTRACT

AND RETAIN REVENUE PRODUCING BUSINESSES/OPPORTUNITIES

WHEN WHO WHAT STATUS COMMENTS

DONE ON
TARGET

REVISED BUDGET

1. By March 19, 2024,
City Council meeting
Finance Director-lead
and Executive
Management Team
Prepare and present the fee study results to City Council for adoption.

X In budget Meeting with
Departments regarding
Fee supported
services

2. By February 20,
2024, City Council
Meeting
Finance Director Present potential amendments languages of the Responsible Spending Pledge with feedback from the
Measure HH Advisory Committee for City Council
consideration.

X N/A Meeting with HH
Committee in early
February

3. By February 20,
2024, City Council
Meeting
Deputy City
Manager/Community
Development Director
Present and prioritize the Economic Development Plan’s
goals and objectives with implementation schedule for
City Council consideration.

X N/A Preparing for
presentation to City
Council

4. By March 19, 2024,
City Council Meeting
City Attorney-lead
with Finance Director
and City Clerk
Present a potential Transit Occupancy Tax increase
assessment option.

X N/A Gathered surrounding
cities TOT data.

C
THREE-YEAR GOAL: ATTRACT AND RETAIN QUALITY STAFF THROUGH

BEST PRACTICES AND TRENDS

WHEN WHO WHAT STATUS COMMENTS

DONE ON
TARGET

REVISED BUDGET

1. By December
19, 2023, city
Council
Meeting
HR Director,
Community Services
Director and
Engagement Team
Present and bring forward top trends in workforce and labor market for approval and adoption.

X N/A Staff received direction
from City Council on a
possible 4/10 pilot
program and profession
development programs
including scholarship
from employees’ family
members.

2. By April 16,
2024, City
Council
meeting
HR Director and
Engagement Team
Based on the December 19, 2023 recommendation on
priorities on workforce top trends, implement City Council direction on professional development, team building
experience and/or work schedule options.

X Need budget Staff identified funds to
support professional
development and
scholarship programs.

The Engagement Team
is working on a high
level 4/10 pilot program
and an anticipated
implementation plan.

D
THREE-YEAR GOAL: MAINTAIN, BUILD, AND MODERNIZE INFRASTRUCTURE TO SUPPORT

GROWTH AND FUTURE NEEDS OF THE CITY

WHEN WHO WHAT STATUS COMMENTS

DONE ON
TARGET

REVISED BUDGET

1. By April 16, 2024, City
Council meeting
Public Works Director
and IT Director
Present current and future plans for citywide high speed internet access.

X In
budget
Scheduled for
January 30, 2024

2. By May 21, 2024, City
Council Meeting
Public Works Director
and Fire Chief
• Finalize the bid process for the demolition and
design phases for the 17101 Bushard property.
• Initiate demolition and start work towards 30% of
design.
• Research Fire Station 1 potential project funding
and ongoing revenue opportunities.

X In
budget
Scheduled for
January 30, 2024

3. By May 7, 2024, City
Council meeting
IT Director Build, upgrade, and modernize a secure network infrastructure. Starting phase 1.

In
budget
On schedule for
5/7/24. The
network upgrade
has started and
initial hardware
has been
upgraded.

4. By February 20,
2024, City Council
meeting
Public Works
Director-lead and
Finance Director
Present to City Council a best practice for a multi-year systematic approach to program and fund building
maintenance needs for City facilities.

X N/A Scheduled for
February 20, 2024

CITY OF FOUNTAIN VALLEY

CITY COUNCIL

COUNCIL ACTION REQUEST
To: Honorable Mayor and Agenda Date: January 30, 2024
Members of the City Council
SUBJECT: Request to Destroy Police Department Records
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:

Pursuant to Government Code Section 34090, the head of a City Department may destroy a City record that is no longer required with the approval of the City Council by Resolution and the written consent of the Attorneys for the City.

DISCUSSION:

The records sought to be destroyed by the Chief of Police are attached to the Resolution authorizing their destruction. Pursuant to the City’s Record Retention Schedule, the records are no longer required to be retained. Therefore, the Chief of Police seeks City Council authorization by Resolution, and written approval of the Attorneys for the City, to destroy the records.

FISCAL REVIEW:

There is no fiscal impact related to this item.

PUBLIC NOTIFICATION:

This matter was noticed in compliance with the Ralph M. Brown Act.

ENVIRONMENTAL IMPACT REVIEW:

Not applicable.

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Request to Destroy Police Department Records
January 30, 2024

Page 2 ends

ATTORNEY REVIEW:

The Attorneys for the City reviewed and concur with this Council Action Request.

ALTERNATIVES:

Alternative No. 1:

Alternative No. 2:

RECOMMENDATION:

Authorize the Chief of Police to destroy the Police Department records contained in the records destruction requests.

Do not authorize the Chief of Police to destroy the Police Department records contained in the records destruction requests.

The records will be retained.

Staff recommends that the City Council approve Alternative 1:

Authorize the Chief of Police to destroy the Police Department records contained in the records destruction requests.

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

Prepared by: Matthew L. Sheppard, Chief of Police
Reviewed by: Alexandra M. Halfman, Attorneys for the City Approved by: Maggie Le, City Manager
Attachments: 1. Resolution

2. Authority to Destroy Obsolete Records

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RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOUNTAIN

VALLEY AUTHORIZING THE DESTRUCTION OF CERTAIN RECORDS
WHEREAS, Government Code Section 34090 authorizes the destruction of City records upon compliance therewith; and
WHEREAS, the records and documents sought to be destroyed pursuant to Government Code Section 34090 are not records affecting title to real property, court records, records required to be kept by statute, records less than two years old, minutes, ordinances, or resolutions of the City Council, or any board or commission; and WHEREAS, the Attorney for the City has given his consent to the destruction of said records, as required by law,
NOW, THEREFORE, the City Council of the City of Fountain Valley does hereby resolve that the records requested in the attached records destruction requests may be destroyed.

PASSED, ADOPTED AND SIGNED this 30th day of January, 2024.

Ayes:

Nays:

Absent:

ATTEST:
_________________________________
Rick Miller, City Clerk Glenn Grandis, Mayor
APPROVED AS TO FORM AND CONTENT:

HARPER & BURNS LLP
___________________________________
Attorneys for the City

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CITY OF FOUNTAIN VALLEY

CITY COUNCIL

COUNCIL ACTION REQUEST
To: Honorable Mayor and Agenda Date: January 30, 2024
Members of the City Council
SUBJECT: Approval of a Resolution of the City of Fountain Valley implementing preferential permit parking for TET Festival, Easter, Cinco de Mayo, Mother’s Day, Memorial Day, Independence Day and Labor Day for 2024
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 County of Orange Mile Square Park in Fountain Valley and Centennial Park in Santa Ana have the potential of large crowds for the following holidays:

February 9-11 TET Festival
March 31 Easter
May 5 Cinco de Mayo
May 12 Mother’s Day
May 27 Memorial Day
July 4 Independence Day
September 2 Labor Day
Staff has been working with the County regarding parking and traffic issues. Due to the potential parking impact to the surrounding neighborhoods, Staff recommends that Council authorize a Preferential Permit Parking Resolution for neighborhoods adjacent to Mile Square Park and Fountain Valley residences within close proximity to Centennial Park (map attachments A1-A6) for the dates listed above.

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Preferential Permit Parking
January 30, 2024

Page 2 ends

DISCUSSION:

Depending on the event location, the City historically implements a Preferential Permit Parking system in neighborhoods closest to the Recreation Center and/or Mile Square Park. In recent years, it has also become necessary to provide Preferential Permit Parking for the Fountain Valley neighborhood closest to Centennial Park. The City has implemented Preferential Permit Parking on major holidays due to large crowds at both parks at the request of the residents in these neighborhoods. Such large crowds would overwhelm available residential parking if not restricted. Staff recommends Council approve a Resolution and direct Staff to implement Preferential Permit Parking for the above dates.

The Police Department will distribute Preferential Permit Parking decals that are valid indefinitely. Residents are instructed to apply the decals in the lower left rear window of their vehicle. Additional parking decals are available at the Police Department upon request and proof of residency. Guest passes, which can also be obtained from the Police Department upon request by a resident, are to be clearly displayed on the dash of the guest’s vehicle.

There is no fee for the decals.

FISCAL REVIEW:

There is no fiscal impact related to this item.

PUBLIC NOTIFICATION:

This item was noticed publicly as an agenda item for action in accordance with the rules and regulations regarding noticing of public meetings and agendized items and topics for discussion and/or action by the City Council.

Police Services Officers and Police Cadets will distribute a notification letter to the affected residents the week prior to the first holiday.

ENVIRONMENTAL IMPACT REVIEW:

Not applicable.

ATTORNEY REVIEW:

The Attorney(s) for the City has reviewed this report and resolution and concurs.

ALTERNATIVES:

Alternative No. 1:

Alternative No. 2:

Approve the Preferential Permit Parking Resolution and direct Staff to implement Preferential Permit Parking for February 9-11, March 31, May 5, May 12, May 27, July 4, and September 2, 2024.

Do not approve the Preferential Permit Parking Resolution and direct Staff not to implement Preferential Permit Parking for February 9-11, March 31, May 5, May 12, May 27, July 4, and September 2, 2024.

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Preferential Permit Parking
January 30, 2024

Page 3 ends

RECOMMENDATION:

Staff is requesting City Council approval of Alternative No. 1: Approve the Preferential Permit Parking Resolution and direct Staff to implement Preferential Permit Parking for February 9- 11, March 31, May 5, May 12, May 27, July 4, and September 2, 2024.

Prepared by: Jarrod Frahm, Lieutenant
Reviewed by: Matthew L. Sheppard, Chief of Police
Fiscal review by: Ryan Smith, Finance Director
Approved by: Maggie Le, City Manager
Attachments:

1. Preferential Permit Parking Resolution

2. Preferential Parking Permit

3. Preferential Permit Parking Map

Page 73 ends

RESOLUTION NO. ____________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
FOUNTAIN VALLEY IMPLEMENTING THE CITY’S DESIGNATED

PARKING SYSTEM DESIGNATING THE AREA SUBJECT TO

THOSE RESTRICTIONS AND SPECIFYING THE DATES AND
TIMES IT WILL BE IN EFFECT.

WHEREAS, the City Council has, pursuant to Section 10.44.079 of the Fountain Valley Municipal Code, established a codified Preferential Permit Parking system that authorizes it to designate the area and dates subject to those restrictions by Resolution; and WHEREAS, TET Festival (February 9-11), Easter (March 31), Cinco de Mayo (May 5), Mother’s Day (May 12), Memorial Day (May 27), Independence Day (July 4) and Labor Day (September 2) holidays in the year 2024, are upcoming events that will require the implementation of Preferential Permit Parking for the public’s health, safety, convenience and welfare.

NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:

1. That the Preferential Permit Parking system set forth in Fountain Valley Municipal Code Section 10.44.079 shall be in effect on February 9-11, March 31, May 5, May 12, May 27, July 4, and September 2, 2024, in the areas outlined in Exhibits A1-A6.

2. That the Chief of Police shall issue permits to those merchants and residents requiring Preferential Permit Parking, and the Chief of Police or City Traffic Engineer shall post the areas specified in the attached exhibits to allow adequate notice of the restrictions.

Passed and adopted by the City Council of the City of Fountain Valley this 30th day of January, 2024.

ATTEST: __________________________
MAYOR
_________________________________
City Clerk
APPROVED AS TO FORM:
__________________________________
Attorney for the City

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FOUNTAIN VALLEY POLICE DEPARTMENT

PARKING PERMIT
EFFECTIVE DATE(S): February 9-11, March 31, May 5, May 12, May 27, July 4, and September 2, 2024.

EVENT: TET FESTIVAL, EASTER, CINCO DE MAYO, MOTHER’S DAY, MEMORIAL

DAY, INDEPENDENCE DAY, AND LABOR DAY
AUTHORITY: FVMC 10.44.079 - PERMIT REQUIRED
VEHICLE DESPRIPTION:

License:_________________Yr:_____________Make:_____________Model:_________ PERMIT MUST BE DISPLAYED IN DRIVER SIDE FRONT WINDOW (Or rear of RV or Trailer).

Vehicles with permit displayed improperly or without permits are in violation and are subject to fines of $32.00.

Issued by: Lt. Frahm Date: January 30, 2024
========================================================================

FOUNTAIN VALLEY POLICE DEPARTMENT

PARKING PERMIT
EFFECTIVE DATE(S): February 9-11, March 31, May 5, May 12, May 27, July 4, and September 2, 2024
EVENT: TET FESTIVAL, EASTER, CINCO DE MAYO, MOTHER’S DAY, MEMORIAL

DAY, INDEPENDENCE DAY, AND LABOR DAY
AUTHORITY: FVMC 10.44.079 - PERMIT REQUIRED
VEHICLE DESPRIPTION:

License:_________________Yr:_____________Make:_____________Model:_________ PERMIT MUST BE DISPLAYED IN DRIVER SIDE FRONT WINDOW (Or rear of RV or Trailer).

Vehicles with permit displayed improperly or without permits are in violation and are subject to fines of $32.00.

Issued by: Lt. Frahm Date: January 30, 2024

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CITY OF FOUNTAIN VALLEY

CITY COUNCIL

COUNCIL ACTION REQUEST
To: Honorable Mayor and Agenda Date: January 30, 2024
Members of the City Council
SUBJECT: Adopt a Resolution Approving Application for Specified Grant Funds from the California Budget Act of 2023; Fountain Valley Universally Accessible Playground

THREE-YEAR STRATEGIC GOAL
☒ 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:

As part of the California State Budget Act of 2023, the City of Fountain Valley awarded specified grant funds in the amount of $1,000,000 for the Fountain Valley Universally Accessible Playground.

The State of California has designated the State Department of Parks and Recreation the responsibility to administer the grant to the City of Fountain Valley. The California Office of Grants and Local Services (OGALs) will facilitate the grant administration.

The City of Fountain Valley is required to certify by resolution the approval of the project application prior to the issuance of a contract and associated grant award.

Additionally, signing authority for this grant award will be designated to the City Manager.

DISCUSSION:

To receive the awarded grant funds of $1,000,000 for the Fountain Valley Universally Accessible Playground, the City of Fountain Valley is required to certify by resolution the approval of the project application prior to the issuance of a contract and associated grant award.

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The resolution as provided by OGALs specifies:

WHEREAS, the State Department of Parks and Recreation has been delegated the responsibility by the Legislature of the State of California for the administration of a grant to the City of Fountain Valley, setting up necessary procedures governing application(s); and
WHEREAS, said procedures established by the State Department of Parks and Recreation require the applicant’s Governing Body to certify by resolution the approval of project application(s) before submission of said applications to the State; and WHEREAS, the applicant will enter into a contract with the State of California to complete project(s);
NOW, THEREFORE, BE IT RESOLVED that the FOUNTAIN VALLEY CITY COUNCIL hereby:

1. Approves the filing of project application(s) for specified grant project(s); and

2. Certifies that said applicant has or will have available, prior to commencement of project work utilizing specified grant funds, sufficient funds, including those provided by this grant, to complete the project; and

3. Certifies that the applicant has reviewed, understands, and agrees to the General Provisions contained in the contract shown in this Procedural Guide; and

4. Delegates the authority to the CITY MANAGER, or designee to conduct all negotiations, sign and submit all documents, including, but not limited to applications, agreements, amendments, and payment requests, which may be necessary for the completion of the project scope(s); and

5. Agrees to comply with all applicable federal, state and local laws, ordinances, rules, regulations and guidelines.

FINANCIAL ANALYSIS
The specified grant funds in the amount of $1,000,000 will be allocated to support the Fountain Valley Universally Accessible Playground as part of the FY 2023/24 Capital Improvement Project funds.

The City’s 2023/24 Fiscal Budget allocated $1,716,260 in CIP funding to build the first Universally Accessible Playground in Fountain Valley.

Funding sources include;
 $1,000,000 Specified Grant Fund - California State Budget Act of 2023  $211,000 awarded by the State of California from the Proposition 68 Per Capita Grant
 $100,000 commitment from the FV Community Foundation
 $500,000 Federal Budget Appropriation (pending)

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ATTORNEY REVIEW:

The Attorney to the City has reviewed the resolution.

ALTERNATIVES:

Alternative No.1: Adopt a Resolution Approving Application for Specified Grant Funds from the California Budget Act of 2023; Fountain Valley Universally Accessible Playground
Alternative No. 2: Do not Adopt a Resolution Approving Application for Specified Grant Funds from the California Budget Act of 2023; Fountain Valley Universally Accessible Playground
RECOMMENDATION:

Staff recommends City Council Adopt a Resolution Approving Application for Specified Grant Funds from the California Budget Act of 2023; Fountain Valley Universally Accessible Playground.

Prepared By: Rob Frizzelle, Community Services Director Fiscal Review by: Ryan Smith, Finance Director
Approved By: Maggie Le, City Manager
Attachments:

1. Resolution - Fountain Valley Universally Accessible Playground

2. Specified Grant Guidelines

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Resolution No: ___________

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOUNTAIN VALLEY APPROVING APPLICATION(S) FOR SPECIFIED GRANT FUNDS from the Budget Act of 2023, SEC. 19.561. (b) (40) $1,000,000 to the City of Fountain Valley, for the Fountain Valley Universally Accessible Playground.

1. Approves the filing of project application(s) for specified grant project(s); and

3. Certifies that the applicant has reviewed, understands, and agrees to the General Provisions contained in the contract shown in this Procedural Guide; and

5. Agrees to comply with all applicable federal, state and local laws, ordinances, rules, regulations and guidelines.

Approved and adopted the _30th_day of January, 2024.

I, the undersigned, hereby certify that the foregoing Resolution Number_______, was duly adopted by the FOUNTAIN VALLEY CITY COUNCIL following a roll call vote:

Ayes:

Noes:

Absent: __________________________
(City Clerk)

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2023-24
Procedural Guide
For
Local Assistance Specified Grants – Capital
September 2023
State of California
The Natural Resources Agency
Department of Parks and Recreation
Office of Grants and Local Services (OGALS)
“Creating Community through People, Parks, and Programs” Send Application and correspondence to your
Administrative Project Officer listed at: www.parks.ca.gov/grants/contacts Mailing Address:

State of California
Dept. of Parks and Recreation
P.O. Box 942896
Sacramento, CA 94296-0001
Attn: Office of Grants and Local Services
www.parks.ca.gov/grants

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GRANTEE SPECIFIED GRANT PROCEDURAL GUIDE - CAPITAL

STATE OF CALIFORNIA

DEPARTMENT OF PARKS AND RECREATION
Department Mission
The mission of the California Department of Parks and Recreation is to provide for the health, inspiration, and education of the people of California by helping to preserve the state’s extraordinary biological diversity, protecting its most valued natural and cultural resources, and creating opportunities for high-quality outdoor recreation.

Office of Community Engagement Mission
The mission of the Community Engagement Division is to encourage healthy communities by connecting people to parks, supporting innovative recreational opportunities, embracing diversity, fostering inclusivity, and delivering superior customer leadership through quality customer services.

The Office of Grants and Local Services (OGALS) Mission Statement The mission of the Office of Grants and Local Services is to address California’s diverse recreational, cultural and historical resource needs by developing grant programs, administering funds, offering technical assistance, building partnerships and providing leadership through quality customer service.

OGALS VISION GOALS
To Be:
 A leader among park and recreation professionals.
 Proactive in anticipating public park and recreation needs and how new legislation and grant programs could best meet these needs.
 Honest, knowledgeable, and experienced grant administration facilitators.  Sensitive to local concerns while mindful of prevailing laws, rules, and regulations.  Perceptive to opportunities for partnerships, growth and renewal where few existed before.
 Committed to providing quality customer service in every interaction and transaction.
 Responsive to the needs of applicants, GRANTEES, nonprofit organizations, local governments, legislative members, and department employees.

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3 TABLE OF CONTENTS
I. INTRODUCTION ....................................................................................................... 4 II. GRANT PROCESS ................................................................................................... 4 Resolution Form......................................................................................................... 7 III. APPLICATION SECTION ................................................................................ 8 APPLICATION PACKET checklist and directions.............................................................. 8 Additional Non-Profit Requirements......................................................................... 10 Project Application Form.......................................................................................... 11 PROJECT SCOPE/Cost Estimate Form........................................................................ 12 Funding Sources Form ............................................................................................ 13 CEQA Compliance Certification Form...................................................................... 14 Development Project Eligible Costs and Rules........................................................ 15 Acquisition Projects.................................................................................................. 17 IV. CONTRACT SECTION............................................................................................ 19 Grant Contract....................................................................................................... 19 Project Status Report ............................................................................................ 27 V. GRANT PAYMENT SECTION ................................................................................ 28 Payment Request Form ........................................................................................ 33 Grant Expenditure Form........................................................................................ 35 Project Completion Packet.................................................................................... 31 PROJECT COMPLETION Certification......................................................................... 36 VI. ACCOUNTING AND AUDIT SECTION................................................................... 37 Accounting Requirements........................................................................................ 37 State Audit ............................................................................................................... 37 Audit Checklist ......................................................................................................... 38 VII. DEFINITIONS.......................................................................................................... 39 Words and terms shown in SMALL CAPS in this procedural guide are defined beginning on page 39.

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4 I. Introduction
This specified grant originated from a line item in the State of California Budget for fiscal year 2023-24. A resolution is required before a CONTRACT will be issued, and an approved APPLICATION PACKET is required before GRANT payments can be approved. The GRANT PERFORMANCE PERIOD is July 1, 2023 – June 30, 2027.

1. Costs incurred before or after the GRANT PERFORMANCE PERIOD are not eligible for reimbursement.

2. Costs incurred after the APPROPRIATION DATE but before OGALS approves the APPLICATION PACKET are eligible if they are consistent with the GRANT SCOPE approved by OGALS and are ELIGIBLE COSTS.

II. Grant Process
Grant Process Key Dates
• Grant Performance Period: July 1, 2023 – June 30, 2027 • Resolution: Submit by December 31, 2024
• Contract: Sign and return by January 31, 2025
• Projects Complete by December 31, 2026
• Project Completion Packets: Submit by: January 31, 2027 Grant Process Detail

1. Resolution: APPLICANT sends resolution to OGALS by December 31, 2024, to allow approval within the CONTRACT ENCUMBRANCE PERIOD, which ends June 30, 2025.

2. CONTRACT: OGALS sends CONTRACT to APPLICANT. APPLICANT becomes GRANTEE when CONTRACT is fully executed during CONTRACT ENCUMBRANCE PERIOD. a. The CONTRACT section includes a sample contract and the contract provisions.
b. The APPLICANT must return the CONTRACT signed by the AUTHORIZED REPRESENTATIVE to OGALS no later than January 31, 2025. The APPLICANT becomes a GRANTEE when the CONTRACT is signed by OGALS. c. OGALS returns a copy of the fully executed CONTRACT to the GRANTEE.

3. APPLICATION PACKET(s): The GRANTEE defines the SCOPE(s) and amount of grant funds needed for each PROJECT. As PROJECTS are identified, the GRANTEE may submit individual APPLICATION PACKET(s) to OGALS. OGALS reviews each APPLICATION PACKET and sends a letter of approval to the GRANTEE or requests additional information.

After each PROJECT is approved by OGALS, OGALS will send a Status Report to the GRANTEE approximately every six months until OGALS receives a PROJECT COMPLETION PACKET. The GRANTEE must return the Status Report within thirty

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5 (30) days from receipt. Payment requests will not be processed if Status Reports are overdue.

4. Payments and end of GRANT PERFORMANCE PERIOD: GRANTEE requests payments for ELIGIBLE COSTS. OGALS recommends that GRANTEE provide all PROJECT COMPLETION PACKET(S) no later than January 31, 2027. The grant payments section provides payment request instructions and forms. a. The GRANTEE may request payments after each PROJECT is approved by OGALS. GRANT funds may only be expended on ELIGIBLE COSTS incurred within the GRANT PERFORMANCE PERIOD.
b. The GRANTEE completes PROJECT SCOPE(s) and sends PROJECT COMPLETION PACKET(s) to OGALS no later than January 31, 2027.
c. The State of California receives a high volume of payment requests at the end of the fiscal year. If the PROJECT COMPLETION PACKET is received after January 31, 2027, OGALS cannot guarantee final payment by the State Controller’s Office. If the State Controller’s Office is unable to process the payment before the end of the GRANT PERFORMANCE PERIOD, the unpaid balance of grant funds will revert to the Legislature.
d. OGALS processes the final payment request after each PROJECT is complete as documented by the GRANTEE in the PROJECT COMPLETION PACKET, and as verified by OGALS when conducting a final site inspection.

5. Accounting and Audit: DPR’s Audits Office may conduct an audit. The GRANTEE is required to retain all PROJECT records for five years following receipt of the final GRANT payment. The Accounting and Audit Section provides directions and an Audit Checklist for DPR audit and accounting requirements.

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6 Authorizing Resolution
GRANTEE passes one resolution approving the filing of applications associated with theCONTRACT and forwards a copy to OGALS.

The Authorizing Resolution on the following page may be reformatted; however, the language provided in the resolution must remain unchanged.

The Authorizing Resolution serves two purposes:

1. It is how the GRANTEE’S Governing Body agrees to the terms of the CONTRACT; it provides confirmation that the GRANTEE has the funding to complete, operate and maintain PROJECTS associated with the CONTRACT.

2. It designates a position title to represent the Governing Body on all matters regarding PROJECTS associated with the CONTRACT. The incumbent in this position is referred to as the AUTHORIZED REPRESENTATIVE.

The AUTHORIZED REPRESENTATIVE can delegate signatory authority to other individuals (by position title) either in entirety or for particular documents. The delegation process requires the AUTHORIZED REPRESENTATIVE to submit a letter (on letterhead) or email to OGALS delegating authority.

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7 Resolution Form
Resolution No: __________________
RESOLUTION OF THE ___________ (Title of Governing Body/City Council, Board of Supervisors) OF ___________ (City, County, or District) APPROVING APPLICATION(S) FOR SPECIFIED GRANT FUNDS from Budget Act 2023/24 (Budget line item and language)
WHEREAS, the State Department of Parks and Recreation has been delegated the responsibility by the Legislature of the State of California for the administration of a grant to the [grantee name], setting up necessary procedures governing application(s); and
WHEREAS, said procedures established by the State Department of Parks and Recreation require the applicant’s Governing Body to certify by resolution the approval of project application(s) before submission of said applications to the State; and WHEREAS, the applicant will enter into a contract with the State of California to complete project(s);
NOW, THEREFORE, BE IT RESOLVED that the ___________ (grantee’s governing body) hereby:

1. Approves the filing of project application(s) for specified grant project(s); and

3. Certifies that the applicant has or will provide sufficient funds to operate and maintain the project(s); and

4. Certifies that the applicant has reviewed, understands, and agrees to the Provisions contained in the contract in this Procedural Guide; and

5. Delegates the authority to the ___________ (designated position, not name of person occupying position), or designee to conduct all negotiations, sign and submit all documents, including, but not limited to applications, agreements, amendments, and payment requests, which may be necessary for the completion of the project scope(s); and

6. Agrees to comply with all applicable federal, state and local laws, ordinances, rules, regulations and guidelines.

Approved and adopted the _____day of ______________, 20_______.

I, the undersigned, hereby certify that the foregoing Resolution Number_____ was duly adopted by the ___________ (grantee’s governing body) following a roll call vote:

Ayes:

Noes:

Absent: __________________________
(Clerk)

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8 III. APPLICATION SECTION • GRANTEE may submit multiple APPLICATION PACKETS to OGALS. • Provide the APPLICATION PACKET items in the following checklist. • If a checklist item is not applicable to the PROJECT, provide a brief explanation. • If an application item is incomplete send a draft with a timeline for completion.

Application packet checklist and directions
GRANTEES must complete the checklist below and submit it with the APPLICATION PACKET.

An APPLICATION PACKET is not complete unless all items on the checklist are submitted.

Each PROJECT requires its own APPLICATION PACKET. Check if included Check if not applicable Application Item
Procedural
Guide
Page #
Check when
signed by

AUTHORIZED

REPRESENTATIVE
Application
Packet
Page #
Application Packet Checklist
Digital file name: checklist.pdf Pg. 8 Pg._____
Application
Digital file name: application.pdf Pg. 11 Pg._____
Project Scope/Cost Estimate
Digital file name: costestimate.pdf Pg. 12 Pg._____
Funding Sources Form
Digital file name: fundingsources.pdf Pg. 13
CEQA Compliance Certification
and filed NOE or NOD
Digital file name: ceqacert.pdf / NOE or NOD.pdf
Pg. 14 Pg._____
Acquisition Requirements
Digital file names: acqscope.pdf & acqdocs.pdf Pg. 17 Pg._____ Land Tenure documentation
Digital file names: ownership.pdf or
nonownership.pdf
Pg. 9 Pg._____
Sub-Leases or Agreements
Digital file name: otheragreements.pdf Pg. 9 Pg._____
Site Plan
Digital file name: siteplan.pdf Pg. 9 Pg._____
Pg._____

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9 Site Plan
• Provide a drawing showing where each feature and support amenity listed in the Project Scope/Cost Estimate Form will be located.
• Include the function and approximate square footage of each room within buildings that are part of the project SCOPE, and the approximate total square footage of the buildings.

Land Tenure and Site Control
If the property is owned in fee simple by the APPLICANT, provide one of the following:
• Deed or deed recordation number
• Title report
• Parcel/Tract map (if owner’s name provided)
If the property is not owned in fee simple or on a right-of-way, provide the lease, easement, joint powers agreement, etc.

Sub-leases or Agreements
Provide a list of all other leases, agreements, memoranda of understanding, etc., affecting PROJECT property or its operation and maintenance.

California Environmental Quality Act (CEQA)
The APPLICANT should check with its local city or county planning agency for CEQA compliance information.
• If CEQA is complete: provide the CEQA Compliance Certification Form and required Notice of Exemption or Notice of Determination, filed with the County Recorder.
• If CEQA is not complete: provide a timeline for completion and state “completing CEQA is a Project Scope Item.”

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10 Additional Non-Profit Requirements
Fidelity Bond (For Non-profit grantees only)
Non-profit GRANTEES must provide a copy of a current Fidelity Bond policy to their PROJECT OFFICER before OGALS will approve any payment requests. The premium for a Fidelity Bond is an eligible cost.

A Fidelity Bond provides insurance covering fraudulent acts of GRANTEES’ employees, volunteers, officers, and directors. The GRANTEE is the insured party. DPR must be named as a Third-Party Loss Payee. OGALS address is State of California, Dept. of Parks and Recreation, P.O. Box 942896, Sacramento, CA 94296-0001, Attn: Office of Grants and Local Services.

Coverage must be at least equal to the GRANT amount. Fidelity Bond insurance must be kept current for at least six months after the date of the final GRANT payment.

GRANTEES may obtain the Fidelity Bond through a general liability carrier, a major casualty insurance carrier, or a bonds specialty company. There are Fidelity Bond frequently asked questions available on the OGALS web site.

Competitive Bid Solicitation Process (For non-profit grantees only)

1. Non-profit GRANTEE must attempt to obtain three bids for services greater than $10,000 and for construction work greater than $25,000.

2. To ensure bidders understand the required PROJECT elements, the GRANTEE provides each bidder (potential contractor) the same written invitation for bid describing the PROJECT work to be performed based on “Best Value” factors, and the required PROJECT elements based on the Project Scope/Cost Estimate Form, and concept level site plan.

3. Solicit bids by contacting at least three potential contractors or by invitation for bids advertising, or a combination of both methods.

The GRANTEE’s Board of Directors evaluates the bids to determine which contractor will provide the “best value” and will meet PROJECT requirements. “Best value” should be determined by price, quality of materials, equipment, and workmanship. The evaluation process must ensure no conflict of interest between the contractor and the GRANTEE’s Board of Directors. The GRANTEE’s Board of Directors need not necessarily accept the lowest bid, but a reasonable justification for the decision should be recorded in writing.

4. The Board of Directors selects a contractor and awards a contract.

5. For audit purposes, the GRANTEE keeps records of Steps 1 – 4 above.

Competitive Bid Solicitation Requirement
The non-profit GRANTEE may request a waiver of the competitive solicitation process requirement. To request a waiver, the GRANTEE must send a written request to the PROJECT OFFICER assigned to the GRANT PROJECT and explain why a waiver is required.

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11 State of California – The Resources Agency

DEPARTMENT OF PARKS AND RECREATION
Capital Outlay Project Application Form

PROJECT NAME REQUESTED GRANT AMOUNT
$
PROJECT SITE NAME and PHYSICAL ADDRESS where
PROJECT is located (including zip code)
(Use latitude and longitude if there is no street address) LAND TENURE ( all that apply)
Owned in fee simple by APPLICANT
Available (or will be available) under
a _________year lease or easement

NEAREST CROSS STREET(S)

COUNTY OF PROJECT LOCATION

APPLICANT NAME AND MAILING ADDRESS

AUTHORIZED REPRESENTATIVE AS SHOWN IN RESOLUTION
___________________________________________________________________________________ Name (typed or printed) and Title Email address Phone
GRANT CONTACT - For administration of grant (if different from AUTHORIZED REPRESENTATIVE) ___________________________________________________________________________________ Name (typed or printed) and Title Email address Phone
GRANT SCOPE: I represent and warrant that this APPLICATION PACKET describes the intended use of the requested GRANT to complete the items listed in the attached Project Scope/Cost Estimate Form. I declare under penalty of perjury, under the laws of the State of California, that the information contained in this APPLICATION PACKET, including required attachments, is accurate. ____________________
Signature of AUTHORIZED REPRESENTATIVE as shown in Resolution Date Print Name
Title

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12 Project Scope/Cost Estimate Form
GRANTEE: PROJECT Name
Project Scope (Describe the project in 30 words or less):

Project SCOPE ITEMS
ACQUISITION: List each parcel number, acreage, estimated date of purchase and cost.

DEVELOPMENT: List each feature and major support amenity. Estimated Cost $
$
$
$
$
$
$
$
$
$
$
$
$
Total GRANT amount: $
AUTHORIZED REPRESENTATIVE Signature Date
Print Name and Title
The APPLICANT understands that this form will be used to establish ELIGIBLE COSTS, and that all features and support amenities listed on this form must be completed before the final PROJECT payment is processed as specified in the Final Payments section of this guide.

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State of California – The Natural Resources Agency

DEPARTMENT OF PARKS AND RECREATION
13 GRANTEE: PROJECT Name
PROJECTS funded by the program are not complete until the PROJECT SCOPE is complete, and the PROJECT is open to the public. PROJECTS will:
• Be entirely funded by the GRANT, or
• Require funds in excess of the GRANT.

If the PROJECT requires funds in excess of the GRANT, the SCOPE of the PROJECT may be either the SCOPE of the larger project, or a subset of the larger project.

For example, if the PROJECT is $100,000 towards construction of a $500,000 park, the SCOPE can be the $500,000 park, or a $100,000 element of the park, such as a playground, that can be complete and open to the public.

The PROJECT will be entirely funded by the GRANT, or
The PROJECT requires funds in excess of the GRANT:

The SCOPE is the same as the scope of the larger project, or The SCOPE is a subset of a larger project, the scope of that larger project is:

Larger project cost: $ Anticipated completion date:

List all funds that will be used. Submit revised Funding Sources form should funding sources be added or modified.

Funding Source Date Committed Amount
$
$
$
I represent and warrant that I have full authority to execute this Funding Sources Form on behalf of the GRANTEE. I declare under penalty of perjury, under the laws of the State of California, that this status report, and any accompanying documents, for the abovementioned GRANT is true and correct to the best of my knowledge.

AUTHORIZED REPRESENTATIVE Signature Date
Print Name and Title
Funding Sources Form

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14 State of California – The Resources Agency

DEPARTMENT OF PARKS AND RECREATION
CEQA Compliance Certification Form
GRANTEE:

Project Name:

Project Address:

Is CEQA complete? Yes No Is completing CEQA a PROJECT SCOPE item? Yes No What document was filed, or is expected to be filed for this project’s CEQA analysis:
__________________________________
Date complete/expected to be completed: ___________________  Notice of Exemption (attach recorded copy if filed)
 Notice of Determination (attach recorded copy if filed)  Other:

If CEQA is complete, and a Notice of Exemption or Notice of Determination was not filed, attach a letter from the Lead Agency explaining why, certifying the project has complied with CEQA and noting the date that the project was approved by the Lead Agency.

Lead Agency Contact Information
Agency Name:

Contact Person:

Mailing Address:

Phone: ( ) Email:

Certification:

I hereby certify that the above referenced Lead Agency has complied or will comply with the California Environmental Quality Act (CEQA) and that the project is described in adequate and sufficient detail to allow the project’s construction or acquisition.

I further certify that the CEQA analysis for this project encompasses all aspects of the work to be completed with grant funds.

AUTHORIZED REPRESENTATIVE Signature Date
Print Name and Title

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15 Development Projects
Development Project Rules

1. Contracted work must comply with the provisions of §1771.5 of the State Labor Code.

2. GRANTEE must have adequate liability insurance, performance bond, or other security necessary to protect the State and GRANTEE’S interest against poor workmanship, fraud, or other potential loss associated with the completion of the PROJECT.

3. PROJECTS must be accessible, including an accessible path of travel to the PROJECT.

Eligible Development Costs
All costs must be incurred within the GRANT PERFORMANCE PERIOD. Costs listed below are examples of eligible costs, and not inclusive. Contact OGALS if you have any questions regarding a PROJECT cost.

Eligible Pre-construction Costs – incurred prior to groundbreaking as determined by the GRANTEE
• Public meetings, focus groups, design workshops
• Plans, specifications, construction documents, and cost estimates • Permits
• CEQA and/or environmental review
• Bid preparation and packages
• IN-HOUSE EMPLOYEE SERVICES prior to groundbreaking
• GRANT/PROJECT administration and accounting prior to groundbreaking Eligible Construction Costs – up to 100% of the PROJECT costs; incurred after CEQA completion and groundbreaking,
• Construction – necessary labor and construction activities to complete the PROJECT, including site preparation (demolition, clearing and grubbing, excavation, grading), onsite implementation and construction supervision
• Equipment – Equipment use charges (rental and in-house) must be made in accordance with GRANTEE’S normal accounting practices
• Premiums on hazard and liability insurance to cover personnel or property • Site preparation
• Purchase and installation of equipment: i.e., security cameras, lighting, signs, display boards, sound systems, video equipment
• Construction management: including site inspections and PROJECT administration • Miscellaneous: other costs incurred during the construction phase, such as transporting materials, equipment, or personnel, and communications • IN-HOUSE EMPLOYEE SERVICES after groundbreaking
• GRANT/PROJECT administration and accounting after groundbreaking Ineligible Development Costs – Cannot be charged to the grant • Furniture or equipment not site specific and not necessary for the core function of a new facility (non-capital outlay)
• Costs incurred before or after the GRANT PERFORMANCE PERIOD

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16 • Indirect costs – overhead business expenses of the GRANTEE’S fixed or ordinary operating costs (rent, mortgage payments, property taxes, utilities, etc.) • Gifts and honorarium
• Food and beverages not associated with travel per diem • Out-of-state travel
• Fundraising, lobbying, and grant writing
Accounting Rules for In-House Employee Services
GRANTEES must follow these accounting practices for services performed by its employees to be eligible for reimbursement:
• Maintain time and attendance records as charges are incurred, identifying the employee through a name or other tracking system, and that employee’s actual hours worked on the PROJECT.
• Time estimates, including percentages, for work performed on the PROJECT are not acceptable.
• Time sheets that do not identify the specific employee’s actual hours worked on the PROJECT are not acceptable.
• Costs of the salaries and wages must be calculated according to the GRANTEE’S wage and salary scales and may include employer paid fringe benefit costs such as SDI, health insurance, pension contributions and workers’ compensation. • Overtime costs may be allowed under the GRANTEE’S established policy, provided that the regular work time was devoted to the same PROJECT. • May not include overhead or cost allocation. These are the costs generally associated with supporting an employee, such as rent, personnel support, IT, utilities, etc.
• If planning to claim IN-HOUSE EMPLOYEE SERVICES costs, provide a sample timesheet for OGALS review to confirm these accounting practices are being followed.

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17 Acquisition Projects and Rules

1. Purchase price cannot exceed the appraised value, even if the GRANTEE is willing to pay the difference.

2. Land cannot be acquired through eminent domain.

3. GRANTEE must provide Title Insurance.

Acquisition Grant Scope/Cost Estimate
Provide the following information on a document signed by the AUTHORIZED REPRESENTATIVE:
• A brief description, for example, “Acquisition of approximately (ENTER TOTAL ACREAGE to be acquired) for the development of [NAME] Park by (ENTER DATE no later than three years from the date final payment is issued by the SCO).” • Estimated total costs for land and relocation.
• Estimated total costs other than the purchase price and relocation costs, such as appraisals, escrow, title insurance, deed restriction recordation.

Acquisition Documentation
For each parcel to be acquired, submit these documents:

1. An appraisal conducted within the last twelve months.

2. A separate letter from an independent third party, AG rated appraiser certified by the California Office of Real Estate Appraisers stating the appraisal was reviewed, and was completed using acceptable methods.

3. County Assessor’s parcel map, showing parcel number and parcel to be acquired.

4. Estimated value of each parcel to be acquired with a description of how that value was determined (such as the listed price on MLS, in-house estimation, website evaluation, assessed value).

5. Acreage of each parcel to be acquired.

For easement acquisitions, in addition to the requirements above, provide:

6. A copy of the proposed easement guaranteeing the authority to use the property for the purposes specified in the application.

For relocation costs, in addition to the requirements above, provide: A letter signed by the AUTHORIZED REPRESENTATIVE, listing the relocation costs for each displaced tenant, certifying that the relocation amount does not exceed the maximum allowed pursuant to Government Code §7260-7277.

Eligible Acquisition Costs
• IN-HOUSE EMPLOYEE SERVICES – see accounting rules
• GRANT/PROJECT administration and accounting
• Public meetings/focus groups/design workshop
• Appraisals, escrow fees, surveying, other costs associated with acquisition • Cost of land
• Surveying and/or lot line adjustments
• CEQA and/or environmental review

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18 Ineligible Acquisition Costs – Cannot be charged to the grant • Acquisitions where purchase price is greater than appraised value • Costs for land acquired through eminent domain or condemnation • Costs incurred outside the GRANT performance period
• Development costs

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19 IV. CONTRACT SECTION
The following section contains a sample CONTRACT, CONTRACT provisions, and a sample status report form.

State of California – The Resources Agency

DEPARTMENT OF PARKS AND RECREATION
Grant Contract
Specified Grants
GRANTEE: Grantee
GRANT PERFORMANCE PERIOD is from July 1, 2023 through June 30, 2027 CONTRACT PERFORMANCE PERIOD is from July 1, 2023 through June 30, 2027 The GRANTEE agrees to the terms and conditions of this Contract, and the State of California, acting through its Director of Parks and Recreation, pursuant to the State of California, agrees to fund the total State grant amount indicated below.

The GRANTEE agrees to complete the PROJECT SCOPE(s) as defined in the PROJECT SCOPE /Cost Estimate Form of the application(s) filed with the State of California.

Total State grant amount not to exceed $ Grant amount
The General and Special Provisions attached are made a part of and incorporated into the Contract.

STATE OF CALIFORNIA

DEPARTMENT OF PARKS AND RECREATION
By______________________________________
Date____________________________________
_______________________________________________

GRANTEE
By _________________________________________
(Typed or printed name of Authorized
Representative)
________________________________________
(Signature of AUTHORIZED REPRESENTATIVE)
Title _________________________________________
Date _________________________________________

CERTIFICATION OF FUNDING (FOR STATE USE ONLY)
AMOUNT OF ESTIMATE $ CONTRACT NUMBER FUND
ADJ. INCREASING ENCUMBRANCE $ APPROPRIATION
ADJ. DECREASING ENCUMBRANCE $ ITEM VENDOR NUMBER
UNENCUMBERED BALANCE $ LINE ITEM ALLOTMENT CHAPTER STATUTE FISCAL YEAR T.B.A. NO. B.R. NO. INDEX PCA OBJ. EXPEND
I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance.

SIGNATURE OF ACCOUNTING OFFICER DATE

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20 I. RECITALS
This AGREEMENT is entered into between the California Department of Parks and Recreation (hereinafter referred to as “GRANTOR,” “DEPARTMENT” or “STATE”) and [Name of grantee] (hereinafter referred to as “grantee”).

The DEPARTMENT hereby grants to GRANTEE a sum (also referred to as “GRANT MONIES”) not to exceed $[grant amount], subject to the terms and conditions of this AGREEMENT and the [2023- 2024 California State Budget, AB 102, Chapter 38, Statutes of 2023] (appropriation chapter and budget item number hereinafter referred to as “SPECIFIED GRANT”). These funds shall be used for completion of the GRANT SCOPE(S).

The Grant Performance Period is from July 1, 2023 to June 30, 2027.

II. GENERAL PROVISIONS
A. Definitions
As used in this CONTRACT, the following words shall have the following meanings:

1. The term “APPLICATION” means the individual project APPLICATION packet for a project pursuant to the enabling legislation and/or grant program PROCEDURAL GUIDE requirements.

2. The term “CONTRACT PERFORMANCE PERIOD” means the duration of time during which this CONTRACT is in effect.

3. The term “DEPARTMENT” or “STATE” means the California Department of Parks and Recreation.

4. The term “DEVELOPMENT” means capital improvements to real property by means of, but not limited to, construction, expansion, and/or renovation, of permanent or fixed features of the property.

5. The term “GRANTEE” means the party described as the GRANTEE in Section I of this AGREEMENT.

6. The term “GRANT PERFORMANCE PERIOD” means the period of time during which eligible costs may be incurred by the GRANTEE and paid for by the DEPARTMENT, as specified in the fully executed CONTRACT.

7. The term “GRANT PROJECT” means all real estate, leases, subleases, buildings, and other property acquired or developed with GRANT monies.

8. The term “PROJECT SCOPE” means the items listed in the PROJECT SCOPE/Cost Estimate Form found in each of the APPLICATIONS submitted pursuant to this grant.

9. The term “PROCEDURAL GUIDE” means the document identified as the “2023-243 Procedural Guide for Specified Grants.” The PROCEDURAL GUIDE provides the procedures and policies controlling the administration of the grant.

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21 B. Project Execution

1. Subject to the availability of GRANT MONIES, the STATE hereby grants to the GRANTEE a sum of money not to exceed the amount stated in Section I of this CONTRACT, in consideration of, and on condition that, the sum be expended in carrying out the purposes as set forth in the scope described in the enabling legislation and referenced in the APPLICATION, Section I of this CONTRACT, and under the terms and conditions set forth in this CONTRACT.

The GRANTEE shall assume any obligation to furnish any additional funds that may be necessary to complete the GRANT SCOPE(S).

During the CONTRACT PERFORMANCE PERIOD, the GRANTEE agrees to submit any proposed change or alteration from the original GRANT SCOPE(S) in writing to the STATE for prior approval. This applies to any and all proposed changes that will occur after STATE has approved the APPLICATION. Changes in the GRANT SCOPE(S) must first be approved in writing by the STATE.

2. The GRANTEE shall complete the GRANT SCOPE(S) in accordance with the time of the Performance Period set forth in Section I of this CONTRACT, and under the terms and conditions of this contract.

3. The GRANTEE shall comply with the California Environmental Quality Act (Public Resources Code, Section 21000, et seq., Title 14, California Code of Regulations, Section 15000 et seq.).

4. The GRANTEE shall comply with all applicable current laws and regulations affecting DEVELOPMENT projects, including, but not limited to, legal requirements for construction contracts, building codes, health and safety codes, and laws and codes pertaining to individuals with disabilities, including but not limited to the Americans with Disabilities Act of 1990 (42 U.S.C. §12101 et seq.) and the California Unruh Act (California Civil Code §51 et seq.) C. Project Costs

1. GRANTEE agrees to abide by the PROCEDURAL GUIDE.

2. GRANTEE acknowledges that STATE may make reasonable changes to its procedures as set forth in the PROCEDURAL GUIDE. If STATE makes any changes to its procedures and guidelines, STATE agrees to notify GRANTEE within a reasonable time.

D. Project Administration

1. If GRANT MONIES are ADVANCED for projects, the ADVANCED funds will be deposited into a federally insured account that provides the ability to track interest earned and withdrawals.

Interest earned on the ADVANCED funds shall be used on the project as approved by the STATE. If grant monies are ADVANCED and not expended, the unused portion of the grant and any interest earned shall be returned to the STATE within 60 days after project completion or end of the grant performance period, whichever is earlier.

2. During the GRANT PERFORMANCE PERIOD, the GRANTEE shall submit written project status reports within 30 calendar days after the STATE has made a specific request. All such project status reports shall be signed and certified as complete and accurate by the authorized representative of the GRANTEE. In any event, the GRANTEE shall provide the STATE a report showing total final project expenditures within 60 days of project completion or the end of the

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22 GRANT PERFORMANCE PERIOD, whichever is earlier. The GRANT PERFORMANCE PERIOD is identified in Section I of this CONTRACT.

3. The GRANTEE shall make property or facilities acquired and/or developed pursuant to this contract available for inspection upon request by the STATE.

E. Project Termination

1. Project Termination refers to the non-completion of a GRANT SCOPE. Any grant funds that have not been expended by the GRANTEE shall revert to the STATE.

2. The GRANTEE may unilaterally rescind this contract at any time prior to the commencement of the project. The commencement of the project means the date of the letter notifying GRANTEE of the award or when the funds are appropriated, whichever is later. After project commencement, this contract may be rescinded, modified or amended only by mutual CONTRACT in writing between the GRANTEE and the STATE, unless the provisions of this contract provide that mutual CONTRACT is not required.

3. Failure by the GRANTEE to comply with the terms of the (a) PROCEDURAL GUIDE, (b) any legislation applicable to the ACT, (c) this CONTRACT or any other grant contracts, specified or general, that GRANTEE has entered into with STATE or any other department, agency, commission or other subdivision of California State government, may be cause for suspension of all obligations of the STATE unless the STATE determines that such failure was due to no fault of the GRANTEE. In such case, STATE may reimburse GRANTEE for eligible costs properly incurred in performance of this CONTRACT despite non-performance of the GRANTEE. To qualify for such reimbursement, GRANTEE agrees to mitigate its losses to the best of its ability.

4. Any breach of any term, provision, obligation, or requirement of this CONTRACT by the GRANTEE shall be a default of this CONTRACT. In the case of any default by GRANTEE, STATE shall be entitled to all remedies available under law and equity, including but not limited to: a) Specific Performance; b) Return of all GRANT MONIES; c) Payment to the STATE of the fair market value of the project property or the actual sales price, whichever is higher; and d) Payment to the STATE of the costs of enforcement of this CONTRACT, including but not limited to court and arbitration costs, fees, expenses of litigation, and reasonable attorney fees.

5. The GRANTEE and the STATE agree that if the GRANT SCOPE includes DEVELOPMENT, final payment may not be made until the work described in the GRANT SCOPE is complete and the GRANT PROJECT is open to the public.

F. Budget Contingency Clause
If funding for any fiscal year is reduced or deleted by the budget act for purposes of this program, the STATE shall have the option to either cancel this contract with no liability occurring to the STATE or offer a contract amendment to GRANTEE to reflect the reduced grant amount. This Paragraph shall not require the mutual CONTRACT as addressed in Paragraph E, subsection 2 of this CONTRACT.

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23 G. Hold Harmless

1. The GRANTEE shall waive all claims and recourse against the STATE including the right to contribution for loss or damage to persons or property arising from, growing out of or in any way connected with or incident to this CONTRACT except claims arising from the concurrent or sole negligence of the STATE, its officers, agents, and employees.

2. The GRANTEE shall indemnify, hold harmless and defend the STATE, its officers, agents and employees against any and all claims, demands, damages, costs, expenses or liability costs arising out of the ACQUISITION, DEVELOPMENT, construction, operation or maintenance of the property described as the project which claims, demands or causes of action arise under California Government Code Section 895.2 or otherwise except for liability arising out of the concurrent or sole negligence of the STATE, its officers, agents, or employees.

3. The GRANTEE agrees that in the event the STATE is named as codefendant under the provisions of California Government Code Section 895 et seq., the GRANTEE shall notify the STATE of such fact and shall represent the STATE in the legal action unless the STATE undertakes to represent itself as codefendant in such legal action in which event the GRANTEE agrees to pay the STATE’s litigation costs, expenses, and reasonable attorney fees.

4. The GRANTEE and the STATE agree that in the event of judgment entered against the STATE and the GRANTEE because of the concurrent negligence of the STATE and the GRANTEE, their officers, agents, or employees, an apportionment of liability to pay such judgment shall be made by a court of competent jurisdiction. Neither party shall request a jury apportionment.

5. The GRANTEE shall indemnify, hold harmless and defend the STATE, its officers, agents and employees against any and all claims, demands, costs, expenses or liability costs arising out of legal actions pursuant to items to which the GRANTEE has certified. The GRANTEE acknowledges that it is solely responsible for compliance with items to which it has certified.

H. Financial Records

1. The GRANTEE shall maintain satisfactory financial accounts, documents, including loan documents, and all other records for the project and shall make them available to the STATE for auditing at reasonable times. The GRANTEE also agrees to retain such financial accounts, documents and records for five years following project termination or final payment.

2. The GRANTEE shall keep such records as the STATE shall prescribe, including records which fully disclose (a) the disposition of the proceeds of STATE funding assistance, (b) the total cost of the project in connection with such assistance that is given or used, (c) the amount, source and nature of that portion of the project cost supplied by other sources, and (d) any other such records that will facilitate an effective audit.

3. The GRANTEE agrees that the STATE shall have the right to inspect and make copies of any books, records or reports pertaining to this contract or matters related thereto during regular office hours. The GRANTEE shall maintain and make available for inspection by the STATE accurate records of all of its costs, disbursements and receipts with respect to its activities under this contract, and shall provide copies of all such records to STATE in its certified status reports upon request by the STATE. Such accounts, documents, and records shall be retained by the GRANTEE for at least five years following final payment.

4. The GRANTEE shall use a generally accepted accounting system.

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24 I. Use of Facilities

1. The GRANTEE agrees that the GRANTEE shall operate and maintain and retain full control of the property acquired or developed with the GRANT MONIES, for the duration of the CONTRACT PERFORMANCE PERIOD.

2. The GRANTEE agrees that, during the CONTRACT PERFORMANCE PERIOD, the GRANTEE shall use the property acquired or developed with grant funds under this contract only for the purposes of this grant and no other use, sale, assignment, transfer, mortgage, or other disposition or change of the control or use of the property or of any interest in the property to one not consistent with the grant purpose shall be permitted except as authorized by the DEPARTMENT and the property shall be replaced with property of equivalent value and usefulness as determined by the STATE.

3. The property acquired or developed may be transferred or assigned to another entity only if the successor entity assumes the obligations imposed under this contract and only with the prior approval of STATE.

4. Any real Property (including any portion of it or any interest in it, including any leases) may not be used as security or collateral for any debt, loan or mitigation, without the prior written approval of the STATE, provided that such approval shall not be unreasonably withheld as long as the purposes for which the grant was awarded are maintained. Any such permission that is granted does not make STATE a guarantor or a surety for any debt, loan or mitigation, nor does it waive STATE’s rights to enforce performance under the CONTRACT.

5. All real property (including any portion or interest in it, including any leases), or rights thereto, acquired with GRANT MONIES shall be subject to an appropriate form of restrictive title, rights, or covenants approved by the STATE. If the project property is taken by use of eminent domain, GRANTEE shall reimburse STATE an amount at least equal to the amount of grant monies received from STATE or the pro-rated full market value of the real property, including improvements, at the time of sale, whichever is higher.

6. If eminent domain proceedings are initiated against GRANTEE, GRANTEE shall notify STATE within 10 days of receiving the complaint.

J. Nondiscrimination

1. The GRANTEE shall not discriminate against any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status in the administration and in the use of any property or facility developed pursuant to this contract.

2. The GRANTEE shall not discriminate against any person on the basis of residence except to the extent that reasonable differences in admission or other fees may be maintained on the basis of residence and pursuant to law.

3. All facilities shall be open to members of the public generally, except as noted under the special provisions of this project contract or under provisions of the enabling legislation and/or grant program.

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25 K. Severability
If any provision of this CONTRACT or the application thereof is held invalid, that invalidity shall not affect other provisions or applications of the CONTRACT which can be given effect without the invalid provision or application, and to this end the provisions of this CONTRACT are severable.

L. Liability

1. STATE assumes no responsibility for assuring the safety or standards of construction, site improvements or programs related to the GRANT SCOPE. The STATE’S rights under this CONTRACT to review, inspect and approve the GRANT SCOPE and any final plans of implementation shall not give rise to any warranty or representation that the GRANT SCOPE and any plans or improvements are free from hazards or defects.

2. GRANTEE shall ensure that any contractor hired has adequate liability insurance, performance bond, or other security necessary to protect the GRANTEE interest and the STATE’s interest against poor workmanship, fraud, or other potential loss associated with the completion of the grant project.

M. Assignability
Without the written consent of the STATE, the GRANTEE’S interest in and control of any portion of the GRANT PROJECT and responsibilities under this CONTRACT shall not be assignable or transferable by the GRANTEE either in whole or in part.

N. Use of Grant Monies
GRANTEE shall not use any grant funds (including any portion thereof) for the purpose of making any leverage loan, pledge, promissory note or similar financial device or transaction, without: 1) the prior written approval of the STATE; and 2) any financial or legal interests created by any such leverage loan, pledge, promissory note or similar financial device or transaction in the project property shall be completely subordinated to this CONTRACT through a Subordination Agreement provided and approved by the STATE, signed by all parties involved in the transaction, and recorded in the County Records against the fee title of the project property.

O. Section Headings
The headings and captions of the various sections of this CONTRACT have been inserted only for the purpose of convenience and are not a part of this CONTRACT and shall not be deemed in any manner to modify, explain, or restrict any of the provisions of this CONTRACT P. Waiver
Any failure by a party to enforce its rights under this CONTRACT, in the event of a breach or default, shall not be construed as a waiver of said rights; and the waiver of any breach or default under this CONTRACT shall not be construed as a waiver of any subsequent breach.

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26 III. SPECIAL PROVISIONS
On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. The EO directs state agencies to terminate contracts with, and to refrain from entering any new contracts with, individuals or entities that are determined to be a target of Economic Sanctions. This Executive order extends to recipients of any State Grants (Grantee). Grantees include those who have contracted or will contract to receive State grants funds. Accordingly, should the State determine that a Grantee is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for termination of this agreement. The State shall provide the Grantee advance written notice of such termination, allowing the Grantee at least 30 calendar days to provide a written response. Termination of any contract found to be in violation of this Executive Order shall be at the sole discretion of the State. _____________________________________

GRANTEE
By:__________________________________
Signature of Authorized Representative
Title: _________________________________
Date: _________________________________

STATE OF CALIFORNIA

DEPARTMENT OF PARKS AND RECREATION
By: _________________________________
Date: _________________________________

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27 Project Status Report
To monitor progress, every six months OGALS will send Project Status Reports to GRANTEE to complete for each PROJECT. GRANTEE must return Status Reports to OGALS within thirty days from receipt. This requirement continues until OGALS receives GRANT COMPLETION PACKETS. Payment requests will not be processed if Project Status Reports are overdue. See the sample report below, which is subject to change.

Project Status Report
Grantee:

Project Number:

Project Name:

Advances to date without documentation (attach a Grant Expenditure Form documenting expenditure of the balance, if applicable):

If a portion of the advanced funds have not been spent, and more than six months have passed since the Grantee received the advanced funds, the balance must be spent on eligible costs or returned to OGALS within 60 days from receipt of this form.

Briefly describe completed work funded by the grant since the last Project Status Report [DATE]:
(Continue on another sheet if needed.)
Pre-Construction/Pre-Acquisition (Planning, CEQA, etc.):
1) ___________________________________________________________________________ ___________________________________________________________________________ Acquisition and/or Construction -- and Provide photos showing work completed since [DATE] 2) ___________________________________________________________________________ ___________________________________________________________________________ Potential Obstacles Affecting Completion
3) ___________________________________________________________________________ ___________________________________________________________________________ 4) Total Funds Spent To Date Using This Grant $_____________ 5) Percentage of Project Complete:________________
6) Estimated Date of Project Completion: ___________________ 7) On Time: Yes / No If not, explain:
8) Within Budget: Yes / No If not, explain:
9) Within Scope: Yes / No If not, explain:

I represent and warrant that I have full authority to execute this Grant Progress Status Report on behalf of the Grantee. I declare under penalty of perjury, under the laws of the State of California, that this status report, and any accompanying documents, for the above-mentioned Grant is true and correct to the best of my knowledge.
__________________________ _______________________ _____________ Authorized Representative* Title Date
(*Certification to above information requires a signature by a person authorized in the resolution)

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28 V. Grant Payment Section
There are three types of payments:
• Pre-construction and Construction Reimbursement payments • ADVANCE payments for construction and ACQUISITION ADVANCES into escrow • Final payments
Payment requests are processed through the State Controller’s Office and are mailed to the GRANTEE eight to ten weeks from the date the request is approved by OGALS.

OGALS will not approve payment requests that do not meet the requirements described in this GRANT ADMINISTRATION GUIDE.

OGALS may withhold payment if the GRANTEE has outstanding issues, such as:
• Breach of any other contract with OGALS
• An unresolved audit exception
• An outstanding conversion
• Sites closed or inadequately maintained
• Overdue Project Status Reports
• Other unmet grant requirements
Payment Rules

1. Costs eligible for reimbursement must be directly related to the specified grant as described in the budget language.

2. GRANT payments before the final payment may not exceed 80% of the PROJECT amount. 20% of the PROJECT amount is retained for the final payment as a REIMBURSEMENT.

3. The GRANTEE should group costs together to avoid frequent payment requests. Payment requests greater than $10,000 are encouraged.

4. Complete CEQA prior to requesting any reimbursement for construction costs.

5. Provide a sample timesheet to the PROJECT OFFICER prior to incurring any IN-HOUSE EMPLOYEE SERVICES costs, AND if claiming such costs, provide a sample timesheet with each reimbursement payment request.

6. Provide (1) a list of the bidders; (2) the recommendation and/or notice of award made by the governing board; and (3) the resulting signed contract agreement to the PROJECT OFFICER PRIOR to requesting reimbursement for costs on contracts requiring a competitive solicitation or bidding process.

7. Provide construction progress photos with all construction payment requests.

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29 Pre-construction Reimbursement
Payment Type When to Request Document to
Send to PROJECT OFFICER

PRE-CONSTRUCTION
REIMBURSEMENT(s)
After the CONTRACT has
been ENCUMBERED
• Payment Request Form
• Grant Expenditure Form
• Timesheet sample, if applicable
• Proof of competitive bid solicitation, if
applicable
Construction Reimbursement
Advance Payments
ADVANCE payments may be requested for costs the GRANTEE will incur within the next six months.

ADVANCE funds, and any interest earned on those funds, must be spent with six months of receipt, or returned to OGALS. ADVANCE payments are made at the discretion of OGALS. OGALS considers ADVANCE payments to be a privilege and reserves the right to disapprove ADVANCE payments.

Pre-construction Advance
Payment
Type
When to Request Documents to
Send to PROJECT OFFICER
PRECONSTRUCTION
ADVANCE(s)
After the GRANT
CONTRACT has been

ENCUMBERED
• Payment Request Form
• ADVANCE justification (see below)
• Proof of competitive bid solicitation, if
applicable
Construction Advance
Payment Type When to Request Documents to
Send to PROJECT OFFICER
ADVANCE(s) up
to 80% of

PROJECT
amount
After the GRANT
CONTRACT has been
ENCUMBERED, and
construction will
commence during
the next six months
• Payment Request Form
• ADVANCE justification (see below)
• Proof of competitive bid solicitation, if
applicable
• Signed construction contract and a notice to
proceed or IN-HOUSE EMPLOYEE SERVICES labor
schedule.

Payment Type When to Request Documents to
Send to PROJECT OFFICER
REIMBURSEMENT of
up to 80% of
PROJECT amount
before final payment
After the CONTRACT is
ENCUMBERED and the
GRANTEE incurred costs
for work related to the

GRANT SCOPE
• Payment Request Form
• Grant Expenditure Form
• Timesheet sample, if applicable
• Construction progress photos
• Proof of competitive bid solicitation, if
applicable

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30 Advance Justification
An ADVANCE justification must provide the following information:
• Why an ADVANCE is needed instead of a reimbursement.
• A payment schedule, with a month-by-month estimate, for up to six months, showing the anticipated amount needed, and the payees (IN-HOUSE EMPLOYEE or name of contractor). • A funding plan, indicating how the GRANTEE intends to fund the percentage of the PROJECT exceeding the 80% advance limit.
• A statement indicating the GRANTEE shall not put the funds into a federally insured account that provides the ability to track interest earned and withdrawals.

OGALS may not approve the total amount of the requested ADVANCE payment if the requested funds will not be spent within six months from the date that the payment request is submitted by the GRANTEE.

Clearing the Advance
ADVANCES must be cleared with six months of receipt. An ADVANCE is cleared by submitting:
• A Grant Expenditure Form documenting expenditures on eligible costs equal to the ADVANCE amount plus any earned interest if applicable.
• Photos of any construction completed with the ADVANCE funds (for construction ADVANCES).

Acquisition Advance
Payment Type When to Request Documents to Send
ADVANCES up to
100% of the
acquisition amount
After the contract is
encumbered and escrow is
open
• Advance request letter
• Escrow instructions letter
• Title report
• Payment request form
The following items are required to request an ADVANCE payment into escrow:

1. A letter on the GRANTEE’s letterhead, addressing all the following elements, and signed by the GRANTEE’s AUTHORIZED REPRESENTATIVE:
a) Name, address and telephone number of the title company or escrow holder, and the escrow account number to which the GRANT funds will be disbursed b) Copy of the property appraisal and third-party appraisal review (see page 17) c) GRANT CONTRACT number and amount of GRANT funds requested d) A statement by the GRANTEE that “the preliminary title report shows that there are no liens, easements, or any other restrictions that would prevent completion of the SCOPE and fulfillment of the CONTRACT provisions.”
e) A statement by the GRANTEE that “all funds (exclusive of the GRANT funds to be provided under this agreement) needed for the completion of the acquisition of the property or properties have been secured and have been or will be deposited to escrow on or about the same date as the requested GRANT funds.” The GRANTEE is entitled to reasonably rely on the representations of the seller.

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31 2. Cover page of the preliminary title report.

3. Payment Request Form: the “Send Payment To” item 7 on the Payment Request Form must be completed using the title company’s or escrow holder’s name, mailing address, and contact person.

After approval by OGALS, the payment will be mailed by the State Controller’s Office to the designated escrow company within approximately 30 working days.

Returning Unexpended Advanced Funds or Interest
The balance of unspent GRANT funds must be returned to OGALS no later than thirty days after the end of the six-month ADVANCE period. OGALS will then return the GRANT funds to the CONTRACT balance.

OGALS cannot return interest to the CONTRACT balance.

If interest was earned on the ADVANCED funds, interest must be spent on ELIGIBLE COSTS, and any unspent GRANT funds returned to OGALS.

Subsequent Payments
Any outstanding ADVANCE payments must be cleared before any additional reimbursements or ADVANCE payments will be approved.

This requirement may be waived in cases where a PROJECT requires timely payments to contractors, and the remaining balance of unspent ADVANCED funds cannot cover the next PROJECT payment.

The following items are required to request a waiver:

1. A letter to the PROJECT OFFICER, signed by the AUTHORIZED REPRESENTATIVE explaining why the waiver is needed.

2. The majority of ADVANCED funds have been cleared.

3. A payment schedule with month-by-month estimates detailing the anticipated amount needed including the unspent balance of previously ADVANCED funds, along with the additional requested reimbursement or ADVANCE.

Final Payments / Project Completion Packets
OGALS recommends all PROJECT COMPLETION PACKETS be submitted by January 31, 2027.

The final payment (20% of the PROJECT amount) will be processed after PROJECT COMPLETION and the following occurs:

1. Approval of the PROJECT COMPLETION PACKET and additional required documents in the charts below.

2. Site inspection by the PROJECT OFFICER to verify PROJECT COMPLETION.

Project Completion Packet
To request final payment and complete the PROJECT, the GRANTEE must submit the following documents:

1. Payment Request Form (pg. 33)

2. Grant Expenditure Form (pg. 35)

3. Final Funding Sources Form (if any changes from original submission) (pg. 13)

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32 4. Project Completion Certification Form (pg. 36)

5. Completed CEQA, if not already provided (pg. 14)

6. Notice of Completion (optional) OGALS recommends that the GRANTEE file a “Notice of Completion” with the County Recorder pursuant to State of California Civil Code §3093. Filing the “Notice of Completion” is not a PROJECT COMPLETION requirement.

7. Audit Checklist with items marked that the GRANTEE will retain for five years following receipt of final payment (pg. 38)
For acquisition PROJECTS, the GRANTEE must submit these additional documents:

1. A copy of the recorded deed to the property

2. A map sufficient to verify the description of the property including parcel numbers and acreage

3. Copy of title insurance policy

4. Copy of title report

5. Final Escrow Closing Statement

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State of California - Natural Resources Agency

DEPARTMENT OF PARKS AND RECREATION

GRANT PAYMENT REQUEST FORM
See Instructions for the series of grant forms being used.

SERVICES RENDERED DATE(S) (Bond Funded Only)
$
$
$
$
$

FOR CALIFORNIA DEPARTMENT OF PARKS AND RECREATION USE ONLY DPR 212 (Rev. 8/2023)(8/28/2023)

7. SEND PAYMENT TO:

8. CERTIFICATION:

I certify that I have full authority to execute this payment request on behalf of the Grantee. I declare under penalty of perjury, under the laws of the State of California, that this report and any accompanying documents for the above-mentioned Grant are true and correct to the best of my knowledge. d. AMOUNT OF THIS REQUEST
e. Remaining After This Payment (c. minus d)
b. Funds Requested to Date
c. Available (a. minus b.)

6. PAYMENT INFORMATION:
(Round all figures to the nearest dollar)
a. Grant Project Amount

1. PROJECT NUMBER

STREET ADDRESS

CITY/STATE/ZIP

AGENCY NAME

2. CONTRACT NUMBER

3. GRANTEE

5. TYPE OF PAYMENT
FINAL
DATE

NAME OF PERSON AUTHORIZED IN RESOLUTION TITLE

SIGNATURE OF PERSON AUTHORIZED IN RESOLUTION

OGALS USE ONLY

4. PROJECT NAME

PAYMENT APPROVAL SIGNATURE DATE

ADVANCE REIMBURSEMENT

OGALS USE ONLY
PO# INV#

ATTENTION

OGALS USE ONLY
PO Initials

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34 Payment Request Form Instructions
• Visit Grant Forms (ca.gov) for current forms
• Type or print legibly all entries
• Round all amounts to the nearest whole dollar
The following instructions correspond to items on the Payment Request Form:

1. PROJECT Number - The number assigned by OGALS to this project

2. CONTRACT Number - As shown in Certification of Funding section of the

CONTRACT

3. GRANTEE - GRANTEE name as shown on the CONTRACT

4. PROJECT Title - Name of the PROJECT as shown in the Application

5. Type of Payment – check appropriate box on form:

6. Payment Information
a. GRANT amount
b. Funds received to date - amount paid out from this GRANT c. Available - (a. minus b.)
d. Amount of this request
e. Remaining funds after this payment - (c. minus d.)

7. Send Payment To - GRANTEE name, address and contact person

8. Signature of AUTHORIZED REPRESENTATIVE according to the Resolution

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State of California - Natural Resources Agency

DEPARTMENT OF PARKS AND RECREATION

GRANT EXPENDITURE FORM
PROJECT NAME:

PROJECT NUMBER: Current FY $ -
Prior FY $ -
(1) PAYMENT METHOD
Check #,
Debit/Electronic Pmt (EP), Credit
Card Pmt (CC/EP or CC/Check#)
(2) DATE(S)
(In Date Order) (3) RECIPIENT (4) SCOPE ITEM

DESCRIPTION
(5) PRECONSTRUCTION
AMOUNT
(Planning)
(6) CONSTRUCTION

AND/OR ACQUISITION
AMOUNT
(8) FISCAL YEAR OF

EXPENDITURE
(Applicable only to Bond
Funded Grants. Current FY
or Prior FY)
$0.00
$0.00
$0.00
 (7) For Match or Reimbursement Rates, choose appropriate choice from dropdown.  Enter exact percentage of Match/Reimbursement Rate $0.00 $0.00
DPR 212E (Rev. 7/2023)(7/31/2023)
Grand Total (5) + (6)
Subtotal (5)
Subtotal (6)
Expenditure Total by Fiscal Year
(5) If state funded development project, pre-construction costs are eligible for up to 25% of the grant. Not applicable to federal funded projects (LWCF/RTP). (6) Construction, and/or acquisition costs eligible for up to 100% of grant. (7) If match is required, use drop down to choose Reimbursement Rate or Match Rate and enter the percentage applicable for your project in the field to the right. If match is not required, leave both percentage field and drop-down blank. (8) State Fiscal Year (FY) of expenditure has a defined start date of 7/1/XX ends 6/30/XX. Current FY is defined as the FY when Payment Request Form is signed by the Authorized Representative. Prior FY is defined as any past FY other than Current FY. Only applies to Bond Funded Grants. Does not apply to General Fund (Specified), OEP, HCF, LWCF, or RTP Grants.

Amount of Request
List only eligible costs charged to the Grant and Match, if required. Expenses must be incurred within the project performance period outlined on the grant contract and must align with the Grant Scope Cost Estimate. (1) If check, enter a check or warrant number. If debit/electronic fund payment or transfer, enter EP. If credit card payment, enter CC and the check number or EP that paid the credit card (e.g., CC/EP or CC/Ck #52963). Prior to reimbursement, credit card statements must show at minimum a payment equal to the charge/expense being requested for reimbursement. If in-house employee services or grantee's own equipment or vehicle was used, no payment method required. Grantee must substantiate these costs with project specific timesheets, equipment use log(s), vehicle mileage log(s) or credit card statements if requested and/or during an audit. (2) Date payment was made to recipient. If in-house employee services or grantee owned equipment or vehicle mileage expenses are being charged to the grant, a date range may be used in this column.
(3) Name of contractor or other entity providing services and/or materials, in-house employee services, vehicle mileage, grantee equipment. (4) Scope item related to the expenditure and a brief description, such as “playground design,” “permits," “walkway materials,” “sports field construction.”

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State of California – The Natural Resources Agency

DEPARTMENT OF PARKS AND RECREATION
Project Completion Certification Form
Grantee: Project Number:

Grantee contact for audit purposes
Name:

Address:

Phone: ( ) Email:

Project completion – list the grant scope items:

Provide revised Funding Sources Form
Interest earned on advanced funds: $
Interest spent on eligible costs: $
Was a Notice of Completion filed with the County Recorder or other appropriate entity? Yes No
Certification:

I hereby certify that all Grant funds were expended on the above named Project and that the Project is complete and we have made final payment for all work done.

I have read California Penal Code §118 and understand that every person who testifies, declares, deposes, or certifies under penalty of perjury and willfully states as true any material matter which he or she knows to be false, is guilty of perjury, which is a felony punishable by imprisonment in state prison for two, three, or four years.

Furthermore, I have read California Penal Code §72 and understand that every person who, with the intent to defraud, presents for allowance or for payment to any state board or officer, or to any county, city, or District board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account, voucher, or writing, is guilty of a felony-misdemeanor punishable either by imprisonment in county jail for a period of not more than one year, by a fine not exceeding one thousand dollars, or both, or by imprisonment in state prison, by a fine not exceeding ten thousand dollars, or both.

I represent and warrant that I have full authority to execute this Project Completion Certification on behalf of the Grantee. I declare under penalty of perjury that the foregoing certification of Project Completion for the above-mentioned Grant is true and correct.

AUTHORIZED REPRESENTATIVE Signature Date
Print Name and Title
36 Page 121
37 VI. ACCOUNTING AND AUDIT SECTION
Contact the DPR Audits Office for questions about the following requirements.

Accounting Requirements
GRANTEES must use accounting practices that:
• Provide accounting data that clearly records costs incurred on the PROJECT and accurately reflects fiscal transactions, with the necessary controls and safeguards. • Provide good audit trails, especially the source documents (purchase orders, receipts, progress payments, invoices, timecards, cancelled warrants, warrant numbers, etc.) specific to the PROJECT.

Accounting Rules for Employee Services (IN-HOUSE EMPLOYEE SERVICES) GRANTEES must follow these accounting practices for employee services:
• Maintain time and attendance records as charges are incurred, identifying the employee through a name or other tracking system, and that employee’s actual time spent on the PROJECT. • Time estimates for work performed on the PROJECT are not acceptable. • Time sheets that do not identify the specific employee’s time spent on the PROJECT are not acceptable.
• Costs of the salaries and wages must be calculated according to the GRANTEE’S wage and salary scales, and may include benefit costs such as “workers’ compensation.” • Overtime costs may be allowed under the GRANTEE’S established policy, provided that the regular work time was devoted to the same PROJECT.

State Audit
Grants are subject to audit by DPR (see Audit Checklist). All PROJECT records must be retained for five years after final payment was received.

The GRANTEE must provide the following when an audit date and time has been confirmed by DPR:
• All PROJECT records, including the source documents and cancelled warrants, books, papers, accounts, time sheets, or other records listed in the Audit Checklist or requested by the DPR. • An employee having knowledge of the PROJECT and its records to assist DPR’s auditor.

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38 Audit Checklist
An audit of the project may be performed before or following project completion. The GRANTEE must retain and make available all project related records for five years following project termination or final payment of grant funds. Listed below are some of the items the auditor will examine during the review of your records as applicable. It is the responsibility of the GRANTEE to have these records available in a central location ready for review once an audit date and time has been confirmed. If you have any questions regarding these documents, you may contact the State Department of Parks and Recreation Audits Office.

CONTRACTS
Summary list of bidders (including individual bid
packages)
Recommendation by reviewer of bids
Awarding by governing body (minutes of the
meeting/resolution)
Construction contract agreement
CONTRACT bonds (bid, performance, payment)
CONTRACT change orders
Contractor's progress billings
Payments to contractor (cancelled checks/warrants,
bank statements and EFT receipts**)
Stop Notices (filed by sub-contractors and release if
applicable)
Liquidated damages (claimed against the contractor)
Notice of completion (recorded)
IN-HOUSE EMPLOYEE SERVICES*
Authorization/work order identifying project
Daily time sheets signed by employee and supervisor
Hourly rate (salary schedules/payroll register)
Fringe benefits (provide breakdown)
IN-HOUSE EQUIPMENT*
Authorization/work order
Daily time records identifying the project site
Hourly rate related backup documents

MINOR CONTRACTS/MATERIALS/SERVICES/EQUIPMENT

RENTALS
Purchase orders/Contracts/Service Agreements
Invoices
Payments (actual cancelled checks/warrants, bank
statements and EFT receipts **)

ACQUISITION
Appraisal Report
Did the owner accompany the appraiser?
10-year history
Statement of just compensation (signed by seller)
Statement of difference (if purchased above
appraisal)
Waiver of just compensation (if purchased below
appraisal: signed by seller)
Final Escrow Closing Statement
Cancelled checks/warrants, bank statements and EFT
receipts, [payment(s) to seller(s)]
GRANT deed (vested to the participant) or final order of condemnation
Title insurance policy (issued to participant)
Relocation documents
Income (rental, grazing, sale of improvements, etc.)

INTEREST
Schedule of interest earned on State funds advanced
Note: Interest on grant ADVANCES is accountable,
even if commingled in a pooled fund account and/or
interest was never allocated back to the grant fund.

AGREEMENT/CONTRACTS
Leases, agreements, etc., pertaining to
developed/acquired property
* Estimated time expended on the projects is not acceptable. Actual time records and all supporting documentation must be maintained as charges are incurred and made available for verification at the time of audit.
** Front and back if copied.

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39 VII. DEFINITIONS
Capitalized words and terms used in this process guide are defined below.

ADVANCE – payment made to the GRANTEE for work that will occur in the future or work that has already occurred during the GRANT PERFORMANCE PERIOD and has not been paid for by the GRANTEE.

APPLICANT – an entity which does not yet have a fully-executed CONTRACT with DPR and is identified as a GRANT recipient through a legislatively specified budget line item.

APPLICATION PACKET – the Application form and its required attachments described in the Application Checklist and Directions.

APPROPRIATION DATE – July 1 of the State of California fiscal year when the funding of State budget line items is approved by the legislature. The APPROPRIATION DATE is the start of the GRANT PERFORMANCE PERIOD.

AUTHORIZED REPRESENTATIVE – the APPLICANT’S/ GRANTEE’S designated position authorized in the Resolution to sign all required GRANT documents.

CEQA – the California Environmental Quality Act as stated in the Public Resources Code §21000 et seq.; Title 14 California Code of Regulations §15000 et seq. CEQA is a law establishing policies and procedures that require entities to identify, disclose to decision makers and the public, and attempt to lessen significant impacts to environmental and historical resources that may occur as a result of the entities’ proposed PROJECT. For more information refer to https://opr.ca.gov/ceqa/
CONSTRUCTION COSTS – costs incurred starting with the date when ground-breaking construction activities such as site preparation, grading, or gutting begins, and continuing to the end of the GRANT PERFORMANCE PERIOD.

CONTRACT – an agreement between the DPR and the GRANTEE specifying the performance of the GRANT SCOPE within the GRANT PERFORMANCE PERIOD, payment of funds by DPR, and requirements for maintenance and use of the PROJECT.

CONTRACT ENCUMBRANCE PERIOD – the time starting with the APPROPRIATION DATE, when a CONTRACT must be fully executed between the GRANTEE and DPR to encumber the GRANT funds.

CONTRACT PERFORMANCE PERIOD – the period during which the grantee has obligations under the contract.

DEVELOPMENT – construction, installation, replacement, expansion, or renovation.

DPR – the California Department of Parks and Recreation.

ELIGIBLE COSTS – expenses incurred during the grant performance period to complete the SCOPE approved by OGALS through an encumbered contract.

GRANT – funds made available to a GRANTEE for completion of the PROJECT SCOPE(s) during the GRANT PERFORMANCE PERIOD.

GRANTEE – an entity having a fully executed CONTRACT with DPR.

GRANT PERFORMANCE PERIOD – period of time that ELIGIBLE COSTS may be incurred by the GRANTEE and paid for by DPR, as specified in the fully executed CONTRACT.

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40 IN-HOUSE EMPLOYEE SERVICES – use of the GRANTEE’s employees working on the SCOPE.

OGALS – DPR’s Office of Grants and Local Services.

PRE-CONSTRUCTION COSTS – costs incurred during the planning, design, and permit phase of the PROJECT before construction can begin.

PROJECT – the features and support amenities listed in the Project SCOPE/Cost Estimate Form.

PROJECT COMPLETION – when the features and support amenities listed in the Project SCOPE/Cost Estimate Form are complete.

PROJECT COMPLETION PACKET – The documents required to request final payment following PROJECT COMPLETION
PROJECT OFFICER – an OGALS employee, who acts as a liaison with the applicants and GRANTEES, administers GRANT funds, and facilitates compliance with the Procedural Guide and CONTRACT.

SCOPE – the features and support amenities listed in the Project SCOPE/Cost Estimate Form that must be completed prior to final GRANT payment.

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CITY OF FOUNTAIN VALLEY

CITY COUNCIL

COUNCIL ACTION REQUEST
To: Honorable Mayor and Agenda Date: January 30, 2024
Members of the City Council
SUBJECT: Award a Construction Contract to Global Road Sealing, Inc. for the Traffic Signal Modifications for Euclid Street at Condor Avenue, and Talbert Avenue at Bushard Street Project
Accept the bids and award a construction contract for an amount not-to-exceed $117,800 to Global Road Sealing, Inc. for Traffic Signal Modifications for Euclid Street at Condor Avenue, and Talbert Avenue at Bushard Street, Project No. 24014.

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 recommends that the City Council accept the bids and award a construction contract for an amount not-to-exceed $117,800 to Global Road Sealing, Inc. (GRSI) for Traffic Signal Modifications for Euclid Street at Condor Avenue, and Talbert Avenue at Bushard Street, Project No. 24014.

On November 16, 2023, the City publicly advertised Request for Bid (RFB) 23-007 Traffic Signal Modifications for Euclid Street at Condor Avenue, and Talbert Avenue at Bushard Street, Project No. 24014. On December 12, 2023, the City received five (5) bids for Project No. 24014.

The scope of work for Project No. 24014 includes installing new traffic signal equipment and modifying existing traffic signal equipment, such as pedestrian push buttons, LED countdown pedestrian signal modules, Internally Illuminated Street Name Sign (IISNS), signage, traffic controllers and Ethernet switches. The project will also provide new crosswalk striping, ADA compliant curb ramps and a new pedestrian crosswalk at northbound and southbound Euclid Street and Condor Avenue to enable pedestrian crossing.

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Traffic Signal Modifications to Euclid Street at Condor Avenue, and Talbert Avenue at Bushard Street
January 30, 2024

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DISCUSSION:

Project No. 24014 consists of traffic signal modification improvements for Euclid Street at Condor Avenue, and Talbert Avenue at Bushard Street including the installation of new traffic signal equipment, and the modification of existing traffic signal equipment. These improvements will provide for Federal and State compliant equipment such as pedestrian push buttons, LED countdown pedestrian signal modules, Internally Illuminated Street Name Sign (IISNS) equipment, signage, traffic controllers and fiber switches. The project will also provide for new crosswalk striping and ADA compliant curb ramps at northbound and southbound Euclid Street and Condor Avenue to provide improved pedestrian crossing facilities.

The project’s improvements will provide enhanced traffic operations for the motoring public and improved ADA compliant pedestrian facilities for the community.

Scope of Work - Euclid Street at Condor Avenue
The scope of work for the traffic signal modification at Euclid Street and Condor Avenue includes:
 Modification of the traffic signal and appurtenances to include a new controller unit, and a new fiber switch
 Installation of a new side-mounted battery back-up system on the existing traffic signal cabinet
 Construction of ADA compliant curb ramps
 Sandblast and restripe the existing crosswalks
 Installation of a N/S crosswalk on the eastern side of the intersection, including new striping and installation of pedestrian push buttons and pedestrian signal modules Scope of Work – Talbert Avenue and Bushard Street
The scope of work for the traffic signal modification at Talbert Avenue and Bushard Street includes:
 Modification of the traffic signal and appurtenances to include a new controller unit, and a new fiber switch
 Installation of a new side-mounted battery back-up system on the existing traffic signal cabinet
 Installation of new speed limit signs
 Installation of a new signal indication head
 Replacement of existing bike push button assemblies and signs  Installation of new Internally Illuminated Street Name Sign (IISNS)  Sandblast and restripe the existing crosswalks
On November 16, 2023, the City publicly advertised Request for Bid (RFB) 23-007 Traffic Signal Modifications for Euclid Street at Condor Avenue, and Talbert Avenue at Bushard Street, Project No. 24014. On December 12, 2023, the City received five (5) bids for Project No. 24014:

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Traffic Signal Modifications to Euclid Street at Condor Avenue, and Talbert Avenue at Bushard Street
January 30, 2024

Page 3 ends

Contractor Total Bid Amount

1. Global Road Sealing, Inc. (GRSI) $117,800.00

2. Alfaro Communications Construction, Inc. $151,863.92

3. Crosstown Electrical & Data, Inc. $176,987.00

4. DBX, Inc. $183,500.00

5. Elecnor Belco Electric, Inc. $185,095.00
Engineer’s Estimate $95,000.00
Global Road Sealing, Inc. submitted the lowest responsible bid for $117,800 per the City requirements and project specifications. They have served as a subcontractor and completed several projects for CalTrans, and have proven to be a reliable contractor.

FISCAL REVIEW:

The current FY 2023/24 adopted budget for Traffic Signal Modifications for Euclid Street at Condor Avenue, and Talbert Avenue at Bushard Street, Project No. 24014 includes adequate funding for this project. The Budget breakdown and anticipated project costs are as follows:

PROJECT BUDGET (Project No. 24014)
FY 23/24 Budget (Capital Improvement Fund – Fund 300) $150,000.00 ANTICIPATED PROJECT COSTS (Project No. 24014)
Construction (Global Road Sealing, Inc.) $117,800.00
Contingency (10%) $11,780.00
Total Anticipated Project Costs $129,580.00
Note that, as in all of the City's public works contracts, the contract itself provides the Director of Public Works authority to issue change orders of up to 10% of the original contract amount. When the Council approves the contract, it approves this authority. Ten percent is generally considered within the normal range of changed conditions on a public works construction project and, by providing change order authority upfront, Council helps to reduce the possibility of delay damages that could be incurred when a contractor must stop work and wait for authorization to proceed.

PUBLIC NOTIFICATION:

Not applicable.

ENVIRONMENTAL IMPACT REVIEW:

Not applicable.

ATTORNEY REVIEW:

The Attorney for the City has reviewed and approved the Global Road Sealing, Inc. (GSRI) Contract for project construction.

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Traffic Signal Modifications to Euclid Street at Condor Avenue, and Talbert Avenue at Bushard Street
January 30, 2024

Page 4 ends

ALTERNATIVES:

Alternative No. 1: Accept the bids and award a construction contract for an amount not-toexceed $117,800 to Global Road Sealing, Inc. for Traffic Signal Modifications for Euclid Street at Condor Avenue, and Talbert Avenue at Bushard Street, Project No. 24014.

Alternative No. 2: Reject bids and do not move forward with award of a contract. This is not the recommended action as the bids received are competitive bids and Global Road Sealing, Inc. is a reputable contractor that has completed many similar jobs for CalTrans. Not moving forward with this project precludes the City from realizing the much needed traffic improvements at the intersection of Euclid Street at Condor Avenue and Talbert Avenue at Bushard Street that will increase visibility and provide enhanced traffic improvements for the motoring public and improved pedestrian facilities for the community.

RECOMMENDATION:

Staff recommends that the City Council approve Alternative No. 1, which is to accept the bids and award a construction contract for an amount not-to-exceed $117,800 to Global Road Sealing, Inc. for Traffic Signal Modifications for Euclid Street at Condor Avenue, and Talbert Avenue at Bushard Street, Project No. 24014.

Prepared by: Terri Phan, Management Aide
Recommended by: Kyle Knoke, Engineering Associate
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
Attachments: Global Road Sealing, Inc. Construction Contract

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2 PWK20201211

CONTRACT
CON-___-___
This AGREEMENT is made and entered into this 30th day of January 2024, by and between the CITY OF FOUNTAIN VALLEY, hereinafter referred to as “CITY,” and Global Road Sealing, Inc., hereinafter referred to as “CONTRACTOR.”

WITNESSETH
That for and in consideration of the promises and agreements hereinafter made and exchanged, CITY and CONTRACTOR mutually agree as follows:

SCOPE OF THE WORK AND CONTRACT SUM

1. Scope of the Work. CONTRACTOR shall perform all the work and shall provide and furnish all labor, materials, tools, expendable equipment, utility and transportation services required to construct Project No. 24014, Traffic Signal Modifications for Euclid Street at Condor Avenue, and Talbert Avenue at Bushard Street (hereafter referred to as “PROJECT”).

2. Labor and Materials. All of said work to be performed and materials to be furnished shall be in strict accordance with the plans and specifications entitled Project No. 24014, Traffic Signal Modifications for Euclid Street at Condor Avenue, and Talbert Avenue at Bushard Street and CONTRACTOR agrees to do everything required by this AGREEMENT, the plans and specifications, and the CONTRACT DOCUMENTS.

All labor, materials, tools, equipment, and services shall be performed under the direction, administration, and subject to the approval of CITY or its authorized representatives.

3. Contract Sum. CITY agrees to pay, and CONTRACTOR agrees to accept in full payment for the work above agreed to be done, the sum of one hundred seventeen thousand eight hundred & 00/100 dollars ($117,800.00).

NOTICE TO PROCEED AND TIMING

4. Notice to Proceed. No work, services, material, or equipment shall be performed or furnished under this AGREEMENT unless and until a “Notice to Proceed” has been given to CONTRACTOR by CITY and all bonds and certificates of insurance required pursuant hereto have been furnished to and approved by CITY.

5. Time of Completion. CONTRACTOR agrees to commence the work to be performed under this AGREEMENT on the start of construction date specified in the “Notice To Proceed” and to diligently prosecute the work to completion by the completion date specified in the Notice to Proceed, which the parties agree is FORTY (40) WORKING DAYS.

6. Time of the Essence. Time is of the essence of this AGREEMENT.

7. Liquidated Damages/Additional Actual Damages. It is agreed by the parties hereto that in case the total work called for hereunder in all parts and requirements is not finished or completed within the number of working days as set forth herein, damage will be sustained by the CITY, and that it is and will be impractical and extremely difficult to ascertain and determine the actual damage which the CITY will sustain in the event of and by reason of such delay. It is therefore

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3 PWK20201211
agreed the CONTRACTOR will pay to the CITY the sum of FOUR HUNDRED and 00/100 Dollars ($400.00) per calendar day for each and every day of delay in finishing the work in excess of the number of days prescribed in Section 5, and the CONTRACTOR agrees to pay said liquidated damages herein provided for and further agrees that the CITY may deduct the amount thereof from any monies due or that may become due the CONTRACTOR hereunder. Liquidated damages shall be a measurement of the sum to compensate the public for inconvenience from not having the work completed on time and the cost of CITY staff to monitor the job beyond the completion date. CITY shall further be entitled to recover its additional actual damages incurred which shall be supplemental to the liquidated damages.

Provided strict compliance with Section 22 below is effected, the CONTRACTOR will be granted an extension of time and will not be assessed with liquidated damages for any portion of the delay in completion of the work beyond the time named herein due to unforeseeable causes beyond the control and without the fault or negligence of the CONTRACTOR, including, but not restricted to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strike, and unsuitable weather, or delays of subcontractors due to such causes.

JOB PROGRESS AND COOPERATION

8. Job Progress. CONTRACTOR agrees to maintain a realistic critical path analysis throughout the project. CONTRACTOR agrees to meet with CITY’s PROJECT MANAGER or designee on a weekly or other periodic basis, or as requested by CITY to review job progress.

PROJECT MANAGER for purposes of this AGREEMENT shall be the Director of Public Works or such designee as has been given the authority for this project in a written designation.

CONTRACTOR agrees to provide CITY with critical path analysis documentation whenever job progress is impacted so that the completion date may be affected or whenever delays or other impacts may give rise to CONTRACTOR’s claim for additional days or additional damages. Delay and other claims of damages based on CONTRACTOR’s planned early completion are prohibited.

9. Cooperation. CONTRACTOR agrees to cooperate with CITY’s PROJECT MANAGER or designee and to provide submittals and participate in meetings in a good faith effort to complete the project. If disagreements arise, CONTRACTOR agrees to document the disagreement in accordance with these AGREEMENT provisions and provide CITY with early notice of the same for later resolution but shall continue to cooperate and prosecute the work to completion in a diligent manner. Nothing herein shall excuse CONTRACTOR’s strict compliance with Section 22 if additional time or money is sought.

10. CONTRACTOR’S Independent Investigation.
(a) No plea of ignorance of conditions that exist or that may hereafter exist, or of conditions or difficulties that may be encountered in the execution of the work under this AGREEMENT, as a result of failure to make the necessary independent examinations and investigations, and no plea of reliance on initial investigations or reports prepared by CITY for purposes of letting this AGREEMENT out to bid, will be accepted as an excuse for any failure or omission on the part of the CONTRACTOR to fulfill in every detail all requirements of said AGREEMENT, specifications, and plans, nor will such reasons be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time except as provided in Section 22 of this AGREEMENT.
(b) Except as specifically provided in the CONTRACT DOCUMENTS, information provided for purposes of bidding do not represent “conditions indicated” as being in existence and

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4 PWK20201211
are provided for the convenience of the parties in making their own investigation.

PREVAILING WAGES & LABOR, WAGE, AND HOURS LAWS

11. Compliance with the Davis-Bacon Act. This provision does not apply to this AGREEMENT.

12. Public Work/DIR Registration. Notice is provided pursuant to Labor Code Section 1781 that this is a “public work” as defined in Chapter 1, Part 7, Division 2 of the Labor Code, to which Section 1771 applies. CONTACTOR shall pay prevailing wages, unless exempt. All contractors and subcontractors working on this job shall be registered with the Department of Industrial Relations using online form 100.

13. Prevailing Wage Rates. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages can be found at http://www.dir.ca.gov/OPRL/PWD/index.htm and are on file at City Hall, which shall be made available to any interested party upon request.

CONTRACTOR shall post a copy of the determination of the director of the prevailing rate of per diem wages at each job site. Said per diem wages are deemed to include employer payments for health and welfare, pension, vacation and travel time, and subsistence pay, all in accordance with Section 1773.1 of the Labor Code.

14. Payroll Records. The provisions of Section 1776 of the Labor Code regarding the preparation, maintenance, and filing of payroll records are applicable to this AGREEMENT. Each contractor and subcontractor shall keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work. Electronic certified payroll records shall be on forms provided by the Division of Labor Standards Enforcement or contain the same information. THE CONTRACTOR’S AND SUBCONTRACTOR’S PAYROLL RECORDS SHALL BE SUBMITTED TO CITY ON A WEEKLY BASIS. THE CONTRACTOR SHALL BE RESPONSIBLE FOR SUBMITTAL OF SUB-CONTRACTOR’S PAYROLL RECORDS. Additionally, CONTRACTOR or subcontractor has 10 days in which to comply subsequent to receipt of a written notice requesting the records enumerated in Section 1776 subdivision (a) of the Labor Code. In the event that CONTRACTOR or subcontractor fails to comply within the 10-day period, he or she shall, as a penalty to CITY, forfeit one hundred dollars ($100) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. CITY may deduct this penalty from any monies due or that may become due CONTRACTOR under this AGREEMENT.

15. Penalty. CONTRACTOR and any subcontractor under CONTRACTOR shall, as a penalty to CITY, forfeit not more than Two Hundred Dollars ($200.00) for each calendar day or portion thereof for each worker paid (either by CONTRACTOR or any subcontractor under CONTRACTOR) less than the prevailing rate set forth herein on the work provided for in this AGREEMENT. CITY may deduct the penalty from any monies due or that may become due CONTRACTOR under this AGREEMENT. The difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate shall also be paid to each worker by CONTRACTOR or subcontractor, in accordance with Section 1775 of the Labor Code of the State of California.

16. Apprentices. If applicable, the provisions of Labor Code Section 1777.5 requiring the use of apprentices in certain ratios to journeymen on the project are hereby imposed upon CONTRACTOR.

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17. Legal Day’s Work. In the performance of this AGREEMENT, not more than eight (8) hours shall constitute a day’s work, and the CONTRACTOR shall not require more than eight (8) hours of labor in a day from any person employed by him hereunder except as provided in Labor Code Section 1815. CONTRACTOR shall conform to Article 3, Chapter 1, Part 7 (Sections 1810 et seq.) of the Labor Code of the State of California, and it is agreed that the CONTRACTOR shall forfeit to the CITY as a penalty the sum of Twenty-Five Dollars ($25.00) for each worker employed in the execution of this AGREEMENT by the CONTRACTOR or any subcontractor for each calendar day during which any worker is required or permitted to labor more than eight (8) hours in any one (1) calendar day and forty (40) hours in any one (1) week in violation of said article. CITY may deduct this penalty from any sums owed pursuant to this AGREEMENT.

PROGRESS PAYMENTS AND RETENTION

18. Progress Payments. Pursuant to Public Contract Code Section 7201, prior to the fifteenth (15th) day of the month next following the commencement of the work, there shall be paid to CONTRACTOR a sum equal to ninety-five percent (95%) of the value of the work completed since the commencement of the work as determined by CITY and thereafter prior to the fifteenth (15th) day of each successive month as the work progresses. CONTRACTOR shall be paid such sum as will bring the payments up each month to ninety-five percent (95%) of the value of the work completed since the commencement of the work as determined by CITY, less all previous payments and authorized deductions, provided that CONTRACTOR submits his request for payment prior to the last Wednesday of each preceding month. Pursuant to Public Contract Code 7107, CITY shall make the final payment, if unencumbered, or any part thereof unencumbered, within sixty (60) days after the date of completion. Notwithstanding the foregoing, CONTRACTOR shall provide CITY with all documentation required by this AGREEMENT, including the Final Closeout Agreement and Release of All Claims, as well as any other documents required by the CONTRACT DOCUMENTS, such as as-builts, red-line plans, manufacturers and specific guarantees, and owner’s manuals prior to receiving final payment. Payments shall be made on demands drawn in the manner required by law, accompanied by a certificate signed by the Director of Public Works, stating that the work for which payment is demanded has been performed in accordance with the terms of the AGREEMENT, and that the amount stated in the certificate is due under the terms of the AGREEMENT. Partial payments on the AGREEMENT price shall not be considered as an acceptance of any part of the work. Nothing herein shall limit CITY’s right to withhold one hundred fifty percent (150%) of disputed amounts in the event of a good faith dispute.

19. Prompt Payments. CITY agrees to promptly make progress payments on undisputed and properly submitted payment requests within thirty (30) days and to comply with the provisions of Public Contract Code Section 20104.50.

20. Retention Securities. Pursuant to California Public Contract Code Section 22300, CONTRACTOR will be entitled to post approved securities with the CITY or an approved financial institution in order to have the CITY release funds retained by the CITY to ensure performance of the AGREEMENT.

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21. Federal Participation. This provision does not apply to this AGREEMENT. If this project had involved federal funds, other provisions would be incorporated into this AGREEMENT.

If those provisions had applied, the Davis-Bacon Act would govern the payment of prevailing wages.

CHANGE ORDERS / EXTRA TIME / EXTRA WORK

22. Request for Extra Time or Additional Compensation. The following provisions must be strictly complied with to obtain additional time to complete the job or to obtain additional compensation:
(a) Request for Change Order – Additional Time. The CONTRACTOR shall promptly notify the CITY of any delay and shall within ten (10) days from the beginning of any such delay notify the CITY in writing of the cause of the delay, and the CITY shall extend the time for completing the work if in its judgment the cause so merits. The CITY’s determination on this matter shall be final and conclusive on the parties hereto. CONTRACTOR shall be required to submit a Request for Change Order, as set forth in this AGREEMENT, to the CITY’s PROJECT MANAGER within ten (10) days of the beginning of such delay. No adjustment shall be allowed for such delay unless there is strict compliance with this contractual provision. CONTRACTOR’s remedy shall be limited to the extra days granted and to any damages that it may be entitled to using the formula agreed to by the parties for all damages as provided in Section 22. (b) Request for Change Order – Additional Compensation Sought. (i) Should CONTRACTOR claim that the CITY is demanding extra work from it or consider any work demanded of it to be outside the requirements of this AGREEMENT or if it considers any instruction, ruling, or decision of the PROJECT MANAGER to be unfair, he shall within ten (10) days after any such demand is made, or instruction, ruling, or decision is given, file a written protest with the PROJECT MANAGER, stating clearly and in detail his objections and the reasons therefor. Except for such protests and objections as are made of record, in the manner and within the time above stated, the CONTRACTOR shall be deemed to have waived and does hereby waive all claims for extra work, damages, and extensions of time on account of demands, instructions, rulings, and decision of the PROJECT MANAGER.
(ii) Should CONTRACTOR claim that additional compensation is due it because of an unforeseen condition, CONTRACTOR shall bring that to CITY’s attention promptly and, within ten (10) days, shall submit a written request for change order to CITY. Except for such claims as are made of record, in the manner and within the time above stated, the CONTRACTOR shall be deemed to have waived and does hereby waive all claims for additional compensation on account of unforeseen conditions. (c) Request for Change Order – City Form to Be Used. CITY’s Request for Change Order form, which is attached hereto as part of this AGREEMENT, shall be the form that must be submitted in a timely fashion for a request for either additional time or additional compensation. By initialing, the CONTRACTOR specifically agrees to use said form for those purposes and understands that, if he does not submit that form in a timely manner, he waives the right to request additional time or compensation. No oral modifications or other forms of communication shall be accepted as compliance with this provision.

Contractor’s Initials ________

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(d) Change Order. Should CITY agree that a change order is warranted for either additional time or compensation, a written change order shall be executed. If CITY does not agree to the change order, and CONTRACTOR has provided timely notices and submitted its written request for change order in a timely manner, CONTRACTOR will have preserved the issue for later resolution in compliance with other procedures set forth in this AGREEMENT or as the law (including, but not limited to, Public Contract Code 9204) may otherwise require or allow. (e) Change Order Authority. The following authority is hereby given to make change orders:
(i) Change Orders for Extra Time. The City Manager, Director of Public Works, or PROJECT MANAGER shall have the authority to grant extra days without limit. (ii) Change Orders for Extra Compensation. The Director of Public Works shall have the authority to make change orders up to an aggregate amount of Ten Percent (10%) of the original contract amount.

23. Damages / Extra Work Compensation. The parties have agreed to modify the formula for damages set forth in the Standard Specifications for Public Works Construction. The parties agree that the following damage formula shall be used to measure all of CONTRACTOR’s damages or extra work required by this job. CONTRACTOR shall be limited to the following:

Direct costs Mark-up
Labor 20%
Materials 15%
Equipment Rental 15%
Subcontracted work 10% (first $5,000)
Subcontracted work 5% (work in excess of first $5,000)
Specialty Subcontracting
(required by extra work) 5% (Provided at least three (3) competitive bids are obtained
and CONTRACTOR selected
the lowest bidder)
Excluded from recovery shall be “Eichleay damages,” home office overhead, insurance and bonding costs, lost bonding capacity, lost profits, and lost interest.

CONTRACTOR acknowledges that his recovery for damages or extra work is limited as provided in this Section.

Contractor’s Initials ________

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Fountain Valley City CouncilJanuary 30, 2024

Fountain Valley City Council
January 30, 2024