Agenda — Fountain Valley City Council, September 3, 2024 (part 2 of 2)

3. Special enforcement. The Police Department will be able to gather information from the community through the proposed Traffic Watch program. This will assist them in selecting the most appropriate time to use active enforcement to affect the most change. Additionally, use of the radar trailer with follow-up enforcement has proven to be effective and is expected to continue to be effective.

No other elements, including installation of roadway features or additional traffic control devices is proposed as part of the Neighborhood Traffic Management Plan policy. ____________________________
City Clerk
(Date adopted July 7, 1998.)
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CITY COUNCIL POLICY

PERMIT PARKING SYSTEM
ISSUE:

PERMIT PARKING SYSTEM
PURPOSE:

Permit parking is a drastic solution and will be used only when the parking intrusion problem is severe and all other possible remedies have been unsuccessful. (SEVERE implies strongly critical, consistent, and condemnatory.) LEGAL OVERVIEW:

The City Council may establish permit parking districts by resolution. The resolution specified in Title 10, Chapter 44, Section 079 of the Fountain Valley Municipal Code shall designate the boundaries of the permit parking district and shall specify the nature of the parking limitations which apply within the district.

POLICY STATEMENT:

Definitions
For purposes of this policy, a “district” shall mean one or more “blocks,” as established by resolution in accordance with this policy. A “block” shall mean both sides of the street located between two intersecting streets without interruption by any other intersecting street on either side.

Petition Procedure
Once the Director of Public Works or his authorized representative receive, from an eligible resident, an application for the establishment of a permit parking district, the Director of Public Works and his staff shall review the application for validity and feasibility of the proposed permit parking district. If it is determined by the Director of Public Works and his staff that permit parking is the only way to solve the parking problem, the neighborhood must demonstrate that it strongly supports permit parking. A petition to the Director of Public Works requesting permit parking must be presented by an eligible resident and signed by at least 75% of the property owners within the proposed block.

Accordingly, at least one block of the residential area must meet the requirements for the installation of permit parking. Once the petition is received and verified, the Director of Public Works and his staff will work with residents to determine the boundaries of the proposed permit parking district and the time of day that permit parking is to be in effect.

If the boundaries of the proposed parking district are altered in any way from the original petition subsequent to resident-city consultations, then it shall be incumbent that the 126
resident submitting the original application presents to the City a new petition encompassing the new proposed district and following the same 75% rule. Subsequently, City staff will present the permit parking proposal to the City Council for approval. City Council approval is not guaranteed by a petition containing at least 75% approval. The proposal for permit parking could be rejected for any reason by the City. If approved by City Council, signs will be installed and permits issued for the qualified block(s) that establish the district. Additional permit parking in the district will be instituted on a blockby-block basis, by petition, and following the same 75% rule.

Petition Requirements & Verification Procedure
The resolution specified in Title 10, Chapter 44, Section 079 of the Fountain Valley Municipal Code, provides that parking restrictions imposed pursuant to this Code shall apply to any block within the permit parking district only after a petition, signed by the owners of seventy-five percent (75%) or more of the residential lots abutting such block have filed a petition with the Director of Public Works or his authorized representative expressing their desire for such parking restrictions. The City shall determine the adequacy of the petition in accordance with a one residence, one vote rule and with the following standards:

1. In the case of property owned by co-owners, the signature of both co-owners on the petition shall be required but shall count as only one vote.

2. In the case of property owned by a partnership, the signature of all partners on the petition shall be required but shall count as only one vote.

3. Ownership shall be determined by reference to the latest available tax assessment roll, or by such proof of subsequent acquisition of title as may be provided to the City by an owner(s).

Non-Residential Users
The resolution, specified in Title 10, Chapter 44, Section 079, may specify the parking limitations applicable to the sides of streets adjacent to the property of non-residential users within the permit parking district and the entitlement of non-residential users to parking permits. Provisions have been made for non-area residents who, as professionals, or family members, are caring for residents within the permit parking area.

Please contact the City in this respect. Permit parking districts adjacent to or directly affecting non-residential users shall be created with care and concern to not create undue hardship upon either the non-residential or residential user. Individual cases involving non-residential users shall be addressed at the time a permit parking district potentially affecting a non-residential user is considered.

Special Event or Circumstance Permit Parking
The City Council shall adopt a resolution at its first meeting in January of every year 127
regarding establishment of permit parking districts for areas impacted by special events, specifically annual events scheduled at Mile Square Park/Fountain Valley Recreation and Cultural Center, or any planned temporary condition that would cause undue hardship on residential areas abutting, surrounding, or in close proximity to such condition. Said resolution may be modified at any time thereafter to include unforeseen special events or temporary conditions.

Said resolution shall list all approved annual events, specify blocks or districts within which permit parking restrictions shall apply, and establish fees for permit parking as outlined below.

Appropriate signs shall be erected and permits distributed a minimum of seventy-two (72) hours prior to any enforcement of such district and its associated parking restrictions.

Creation of special event or circumstance permit parking districts shall be performed with care and concern to adequately serve the affected community based on anticipated impacts generated by a specific special event or circumstance.

Signs
Upon the establishment of a permit parking district, the Director of Public Works or his authorized representative shall cause appropriate signs to be erected in the district, indicating thereon the parking limitation applicable to the district and the exemption therefrom of vehicles with permits.

Exemption for Permit Holders & Permit Display Rules
The existing parking restrictions in effect for street sweeping or any other activity shall not be altered in any way as a result of creating a permit parking district. The parking limitations in effect within a permit parking district shall not apply to vehicles for which a parking permit pertaining to that district has been issued, provided the permit is displayed in the following manner:
a) A parking permit issued (other than a guest parking permit) shall be permanently affixed to the left rear bumper of the vehicle for which it was issued. b) Guest parking permits shall be displayed by hanging them from the vehicle’s rear view mirror.

Issuance of Permits
Applications to obtain permits to park within a permit parking district may be made by any adult resident within such district who is licensed to drive a registered vehicle. Such applications shall be filed with the Chief of Police or his authorized representative. Unless otherwise prescribed by the resolution establishing the district, the number of permits per residence shall be limited to the number of registered vehicles at said residence up to a 128
maximum of four (4) permits (exclusive of guest parking permits) for any single dwelling unit. Any person aggrieved by the decision of the Chief of Police may appeal such decision to the City Manager, whose decision on the matter shall be final.

Guest Parking Permits
Unless otherwise prescribed in the resolution establishing a permit parking district, each residence holding at least one parking permit shall be entitled to receive one (1) guest parking permit for each resident permit purchased from the City. A resident may issue a guest parking permit to any guest of such resident. Any vehicle for which the guest parking permit has been issued shall be exempt from the parking limitations within the district during the period for which it is valid, provided such permit is displayed in the manner described in this policy. In the event that additional guest parking permits are required for special circumstances, the Chief of Police may authorize the issuance of special guest parking permits. These permits are valid for twenty-four hours from the time of issuance and are not reusable.

Duration of Permits
a) Residential parking permits issued shall be valid for a period of one year, subject to conditions and limitations set forth by this policy. Upon expiration, permits may be renewed at the office of the Chief of Police in the same manner and for the same fee previously administered, unless otherwise amended by resolution. b) No residential parking permit shall be transferable from the permit holder to any other person or from one vehicle to another.
c) Any permit issued shall automatically expire upon the termination of the permit holder’s residence in the designated permit-parking area. In addition, any residential parking permit shall automatically expire when the permit holder no longer owns nor regularly uses the vehicle for which the permit was issued. d) The City Council may establish, by resolution, an expiration date for all outstanding residential and guest parking permits if the City Council determines that an unacceptable number of permits are being used by non-residents of the designated permit-parking areas or that permits are being used in a manner inconsistent with the purposes of this policy.

Emergency Permits
The Chief of Police shall have discretionary power, in case of emergency, to issue to any person a parking permit for a period not exceeding three (3) consecutive days. Such permit(s) shall be written and no fee shall be charged therefore.

Exempt Vehicles
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The following vehicles are exempt from the parking restrictions applicable to any permit parking district:

1. Repair, maintenance, refuse collection, realtors, utility, fuel, delivery and service vehicles used in the course of business.

2. Vehicles owned or operated by any governmental agency, or contractor of a governmental agency, being used in the course of business.

3. Emergency life support and health care vehicles being used in the course of business.
____________________________
City Clerk
(Adopted March 2, 1993.)
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RESOLUTION NO. ________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOUNTAIN VALLEY ESTABLISHING A PERMIT PARKING DISTRICT IN TRACT NO. __________.

WHEREAS, pursuant to Title 10, Chapter 44, Section 079 of the Fountain Valley Municipal Code, the City Council of the City of Fountain Valley is authorized to adopt a resolution establishing Permit Parking Districts wherein parking restrictions apply to all vehicles except vehicles which have been issued parking permits or are otherwise exempt pursuant to said title; and
WHEREAS, this City Council finds and determines that the residential streets in Tract No. _______, as listed below, are in need of a Permit Parking District in order to protect their integrity against the intrusion of vehicular parking from nearby (source of nuisance, e.g., apartment complexes, schools, etc.); and

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FOUNTAIN VALLEY, as follows:

1. A Permit Parking District in Tract No. _______ is hereby established to consist of that area of the City of Fountain Valley bound on the north by (street name), on the east by (street name), on the south by (street name), and on the west by (street name). Said district extends to and includes all streets as listed below. Said district does not extend to or include (area identification if any) (see attached map).

2. The parking restriction imposed pursuant to said Title 10, Chapter 44, Section 079 and this resolution shall apply to all streets and blocks listed below within the Permit Parking District described above.
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3. No person, unless exempted in said system, shall stop, stand, or park any vehicle at any time on any portion of any street listed below within the Permit Parking District described above upon which signs have been erected indicating the permit parking restrictions without prominently displaying a parking permit in said vehicle, pursuant to said Title 10, Chapter 44, Section 079.

4. The parking restriction imposed pursuant to said Title 10, Chapter 44, Section 079 and this resolution shall be in effect from _______________, 20__ to _________________, 20__.

5. Fees for said District are hereby established as follows:

The following are the streets that comprise the Parking Permit District in Tract No. _____ upon which parking is restricted by provisions of Title 10, Chapter 44, Section 079.

Street Limits of Permit Parking

1. 2.

3. PASSED and ADOPTED this _______ day of _____________, 20__.

ATTEST:
______________________________ ____________________________ City Clerk Mayor
APPROVED AS TO FORM:
______________________________
City Attorney
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CITY COUNCIL POLICY

RECYCLING AND CONSERVATION EFFORTS
ISSUE:

PROMOTION OF RECYCLING AND CONSERVATION EFFORTS
PURPOSE:

The purpose of this policy is to establish recycling guidelines to promote the use of products made with recycled materials, and to recycle the City of Fountain Valley waste stream to minimize the amount of material sent to the landfill for disposal, and to be a model to other government agencies showing how maximizing recycling and reuse of material is an integral part of progressive waste management practices use towards achieving environmental protection, energy conservation, and social and economic development.

POLICY STATEMENT:

1. Promote the use of products made with recycled material. a. Purchase products made with recycled material over other products made with virgin material if the overall cost is not more than 5% over the otherwise lowest responsible bid, meets required specifications, and can be accommodated within the budgeted amount.
b. Whenever possible, eliminate prohibitions or limitations against recycled products in bid specifications unless safety standards require such limitations. c. When buying recycled material, explore incentives such as bulk purchases and piggyback purchase and state preference for recycled products in purchasing procedures.
d. Research the most recent uses of recycled asphalt, solvents, construction materials, and other products that could be purchased in support of City operations and projects.

2. Promote recycling, reuse of material, and waste reduction within the City. a. Purchase office paper containing a minimum of 25% post-consumer waste. b. Whenever possible, use electronic correspondence, electronic report review, and double-sided copying.
c. Whenever possible, purchase reusable, non-disposable products. d. Whenever possible, do not purchase products that cannot be recycled, including glossy paper and products made from Styrofoam, etc.
____________________________
City Clerk
(Date adopted October 2, 1990.)
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CITY COUNCIL POLICY

SCHOOL CROSSING GUARD
ISSUE:

SCHOOL CROSSING GUARD POLICY
PURPOSE:

To assist the local school districts in providing adult crossing guards for elementary school pedestrians when necessary to ensure their safe crossing of major arterials along the “Suggested Route to School.”
POLICY STATEMENT:

It is the policy of the City of Fountain Valley to assist the local school districts in providing adult crossing guards for elementary school pedestrians when necessary to ensure their safe crossing of major arterials along the “Suggested Route to School.” The assignment of the school crossing guards at designated crossings shall be based on the following criteria:

1. School crossing guards will be provided only on arterial highways.

2. Whenever possible, the school children will be encouraged to cross the arterial highways at signalized intersections.

3. School crossing guards will be provided at locations that meet warrants based upon the most recent standards available at the time of evaluation. ____________________________
City Clerk
(Adopted October 15, 1985.)
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CITY COUNCIL POLICY

SIDEWALK INSPECTION, REPAIR AND/OR REPLACEMENT
ISSUE:

SIDEWALK INSPECTION, REPAIR AND/OR REPLACEMENT POLICY
PURPOSE:

This policy establishes procedures for the inspection, repair, and replacement of damaged sidewalks.

POLICY STATEMENT:

Public sidewalks are subject to damage from tree roots and settling soil conditions, and when so damaged may constitute a safety hazard for pedestrian traffic. Each fiscal year the City Council appropriates specific funding for sidewalk repair and replacement.

Repair and replacement of the damaged portions of sidewalk will be accomplished by the Field Services Divisions and/or by the Engineering Division through capital improvement projects. Staff will complete the sidewalk repair or replacement and abate the potential hazardous condition according to the following policy:

3. Sidewalk inspections will be conducted by Streets Division Personnel so that every 24 months the entire City will be completely inspected. Damaged sidewalks will be identified and categorized and a schedule for sidewalk repair or replacement will be developed.

4. A sidewalk location needing repair shall be marked with fluorescent paint (or other paint that provides a sufficient contrast) to warn the public of a known trip hazard. If the repair is delayed, paint should be reapplied as needed to maintain visibility.

5. The repair schedule will be categorized on the severity of the hazard as follows:
a) 0” - 1” lift: Sidewalk will be scheduled for grinding maintenance. b) 1” - 2” lift: Sidewalk will be scheduled for ramping maintenance, grinding maintenance, and/or replacement. If damage is from tree roots, the tree will be root pruned and a protective barrier shall be installed to prevent future sidewalk damage. If root pruning is not a viable alternative the City will proceed in accordance with paragraph f.
c) > 2” lift not caused by a tree: Sidewalk will be scheduled for ramping maintenance, grinding maintenance, and/or replacement.
d) > 2” lift caused by a tree: Tree will be removed and the City will repair or replace the deficient sidewalk and/or curb and gutter. A tree from the City’s approved tree 135
list will be planted as a replacement of the removed tree (see Tree Maintenance, Removal, and Reforestation Policy).
e) In situations where root pruning may not be a viable alternative due to the size, structure or other conditions of the tree, the parkway tree shall be removed prior to ramping/replacing the damaged sidewalk. A tree from the City’s approved tree list will be planted as a replacement of the removed tree (see Tree Maintenance, Removal, and Reforestation Policy).
f) When damage to a sidewalk is considered a hazardous condition, temporary repairs shall be made to relieve the immediate hazard and the location will be placed on the priority list accordingly.

3. All removal and replacement of parkway trees will be in accordance with the “Tree Maintenance, Removal and Reforestation Policy.”
____________________________
City Clerk
(Procedure modified February 5, 2008.)
(Procedure modified 12/10/2007.)
(Procedure established 06/1988.)
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137

CITY COUNCIL POLICY

TRAFFIC CONTROL DEVICES
ISSUE:

TRAFFIC CONTROL DEVICES
PURPOSE:

These guidelines establish the requirements for traffic signals, stop signs, and other traffic control devices.

POLICY STATEMENT:

To be truly effective, a traffic control device should meet established warrants and follow these basic requirements:

1. Fulfill a need;

2. Command attention;

3. Convey a clear, understandable meaning;

4. Command the respect of road users;

5. Give adequate time for proper response; and,

6. Provide smooth traffic flow with minimum delay and a maximum degree of safety.

The indiscriminant placement of traffic devices has been shown to create a lack of credibility, disrespect for traffic devices, and in some cases, a deterioration of an otherwise safe condition.
____________________________
City Clerk
(Republished January 16, 2007.)
(Modified (new date).)
(Originally adopted 11/19/1974.)
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CITY COUNCIL POLICY

TREE MAINTENANCE, REMOVAL, AND REFORESTATION
ISSUE:

TREE MAINTENANCE, REMOVAL, AND REFORESTATION POLICY
PURPOSE:

This policy establishes guidelines and procedures needed to provide for the care, maintenance, removal, replacement, protection, and reforestation of parkway trees in order to promote the health, safety, welfare, and quality of life for all City residents, businesses, and visitors. The property owner owns the parkway tree and is responsible for its watering, maintenance, and removal of weeds and debris around the tree. The City controls only the right of way between the curb and private property line for street, sidewalk, and utility purposes, but does not own the land. The City does, however, trim the parkway trees only for the purpose of maintaining the appropriate clearance for pedestrians and vehicular traffic.

POLICY STATEMENT:

GOALS:

The City’s Tree Program provides a number of tree services through the City’s Landscape Division and private contractor(s). These services include scheduled and unscheduled trimming, root pruning, removal, replacement, reforestation, inspection, pest control, and emergency response within the public right-of-way. City and contractor personnel receive continual training in tree trimming/pruning, removal, planting, and pest control practices utilizing Best Management Practices (BMP) in accordance with the Department of Pesticide Regulation. City staff and/or contractor employees are certified arborists and/or certified tree workers. The City’s Tree Maintenance, Removal, and Reforestation Policy create the following goals:

1. Establish and maintain an optimal number of trees through proper inspection, maintenance, trimming/pruning, removal, replacement and reforestation;

2. Maintain trees in a safe and healthy condition through good arboricultural practices;

3. Establish and maintain an optimal level of age and species diversity;

4. Promote conservation of tree resources;

5. Provide reforestation of parkway trees;

6. Provide suitable locations for and select, situate, and maintain trees to minimize hazard, nuisance, hardscape damage, and maintenance costs, with special consideration given to compatibility in commercial areas with regard to aesthetics and signage visibility;

7. Centralize tree management under one department to ensure the consistent enforcement of policies;
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8. Foster citizen support for the City’s Tree Program and encourage good tree management on privately owned properties through public education.

One of the conditions of approval for the development and construction of residential tracts within the City was a requirement to plant a minimum of one parkway tree in front of every residential address. As part of the City’s dedication to maintaining a safe and healthy urban forest, the City annually budgets for the reforestation through the City’s Tree Program. The number of trees planted per year may vary depending upon the budget and/or from success in securing tree planting grants.

Sustaining a City tree population with a minimum density of 95 percent will create a desirable level of tree population density and contribute to an optimal number of trees.

The number of trees planted per year may be accelerated by expanding the budget and/or through successful tree planting grants. An optimal number of trees will be further achieved by planting City approved tree species from the City’s Authorized Tree List that provide the greatest canopy spread the tree site can accommodate. Approved species will be compatible for the area in which they are planted and will not have a root structure that is invasive or otherwise damaging to public/private facilities such as curb, gutter, sidewalks, driveways, water/sewer laterals, and roadway. Obtaining optimal number of trees will also provide the highest level of economic, environmental, and sociological benefits to the residents of Fountain Valley.

Planting for reforestation of the City is another element of the Tree Program that is necessary to fill vacant sites and to replace tree removals. When a tree planting occurs at a vacant site or as a replacement of a dead tree in the public right-of-way, property owner will be responsible for all related cost per current City Fee Schedule.The type of species/variety of tree to plant may be selected from the City’s Authorized Tree List.

BENEFITS:

The benefits for properly maintained and healthy parkway trees include:
• Reduction of surface temperatures;
• Reduced soil erosion and runoff;
• Release of oxygen into the atmosphere;
• Absorption of carbon dioxide and other greenhouse gases; • Increased aesthetics;
• Provision of habitats for natural urban species.

GENERAL:

Parkway trees can become hazardous to pedestrian and/or vehicular traffic, as well as cause damage to water/sewer laterals, curbs, gutters, roadways, driveways and sidewalks. In such cases, property owners may request, or City staff may recommend, removal of the undesirable parkway tree from the Director of Public Works. The City’s arborist will evaluate the condition of the tree in relationship to its surroundings and may 140
make a recommendation that the tree be removed and replaced with a more compatible species from the City’s Authorized Tree List.

PARKWAY TREE DEFINITION:

Unacceptable Parkway Trees
Some mature trees are unacceptable as parkway trees due to the damage they cause to sidewalks, curbs, gutters, roadways, and sewer lines. Removing unacceptable trees will reduce ongoing and recurring maintenance costs to the City. When the City determines a parkway tree is unacceptable, the City will remove unacceptable parkway trees and plant a new tree at no cost to the resident.

Undesirable Parkway Trees
Undesirable parkway trees in most cases should be removed and replaced with a City approved tree. There may be instances where an undesirable parkway tree adds to the street scene and neighborhood aesthetics. These neighborhood benefits may warrant working around some of these trees providing they are not creating extensive damage especially to the curb, gutter, or street. To preserve street scenes and neighborhood aesthetics in areas that may have undesirable trees in the parkway, sidewalks will be ground, ramped or replaced to otherwise accommodate these trees.

Unauthorized Parkway Trees
The City's authorized parkway tree list identifies species appropriate for the space and height restrictions of a parkway. Trees planted in the parkway without a City permit or that are not on the approved tree list are not suitable for a parkway due to damage caused to curbs, gutters, roadways, and private sewer laterals. Significant cost is incurred by the City from repairing the damage to sidewalks, curbs, and gutters. Unauthorized trees also pose hazards that may be created to pedestrians using the sidewalks adjacent to the parkway trees. Trees that would not be otherwise authorized for planting nor on the City's authorized tree list but were previously approved or appeared on a prior approved tree list, will not be considered unauthorized under this program. Replacing unauthorized trees with appropriate species will reduce recurring maintenance and repair cost to the City.

Through the Program, a 30-day notice of violation (Notice) is sent to residents with unauthorized or undesirable parkway tree(s) requiring replacement within 30 days with a tree from the City's authorized tree list. If a resident removes their own tree, stump, and roots, they can have an approved parkway tree planted by the City based on the current Fee Schedule. If the resident does not comply with the Notice, the City will remove the unauthorized or undesirable tree and plant an approved tree at the resident's expense.

The cost of removing an unauthorized or undesirable parkway tree and replacement with an approved species is proposed at the full cost recovery.

Unwanted Parkway Trees
The removal and replacement of parkway trees that are acceptable but unwanted by residents will not be covered under the proposed Program. With City approval, residents may choose to remove and replace the acceptable parkway tree with a different approved species at the full cost of recovery.
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The City, at its cost, reserves the right to remove and replace any unacceptable or undesirable parkway tree when one or more of the aforementioned conditions have occurred. All trees will be planted in accordance with the City's Standard Plans and the species of tree will be selected from the City's Authorized Tree List.

PROPERTY OWNER REQUESTED TREE REMOVAL:

Tree removals requested by residents will be considered for approval by the Director of Public Works, when one or more of the following occurs:

A. When one or more of the tree categories listed above exist wherein tree removal is necessary;
B. When a property owner has demonstrated, to the City’s satisfaction, that a tree in the parkway has caused damage to a private sewer/water line or other public substructures which cannot be repaired without tree removal; C. When any of the above occurs and the City has budgeted funds available or other funding is identified to accomplish all work necessary, including but not limited to, tree removal, parkway/right-of-way repairs, and tree replacement.

The City will assist property owners in the removal and replacement of undesirable parkway trees as follows:
• Complete Tree Removal and Replacement by the Property Owner:

Following approval by the Director of Public Works, the Property Owner removes the parkway tree and stump, disposes the plant waste material, and plants a City approved parkway tree from the City’s Authorized Tree List and in accordance with City Standards. Any parkway tree removal and/or replacement that does not comply with this Policy will be removed and replaced at the Property Owner’s expense.

Parkway tree inspection will be paid for by the Property Owner per current City Fee Schedule.
• New Tree Installation: Property owner or a licensed arborist contractor cuts down the tree, removes the stump and the roots, and disposes the plant waste material. Property owner selects a replacement tree from the City’s Authorized Tree List which is then planted by the City and paid for by the property owner.

New tree installation will be paid for by the Property Owner per current City Fee Schedule.
• Stump Removal and Tree Replacement: Property owner or a licensed arborist contractor cuts down the tree and disposes the plant waste 142
material; City removes the stump and plants a tree from the City’s Authorized Tree List.

Stump removal and tree replacement paid will be for by the Property Owner per current City Fee Schedule.
• Complete Tree Removal and Replacement by the City: The City removes the parkway tree and stump, disposes the plant waste material, and plants a tree from the City’s Authorized Tree List.

Complete tree removal and replacement paid for by the Property Owner per current City Fee Schedule.

NOTE: The City of Fountain Valley will repair damage to irrigation lines caused by removal of a tree or root structure by the City. The City of Fountain Valley is not responsible for the repair or replacement of any parkway turf, plant material, hardscape, or structures in connection with the removal of a tree or root structures.

The resident shall water the tree as needed and keep the tree free from overgrown weeds or any obstructions contrary to public safety. The resident shall not intentionally damage, injure, or kill the tree or replace with a tree not on the City’s Authorized Tree List. ____________________________
City Clerk
(February 17, 2009.)
(Tree Replacement and Removal Policy revised, including implementation of the Parkway Tree Match
Program, 03/03/2009.)
(Price change as of 03/03/2009.)
(Tree Replacement and Removal Policy revised, including implementation of the (Reforestation Policy, 02/05/2008.)
(Price change as of 8/22/2007.)
(Tree Replacement.)
(Tree Replacement and Removal Policies combined and modified 01/19/2007.) (Tree Removal Policy Adopted 06/07/1988.)
(Tree Replacement Policy Adopted 12/07/1982.)
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144

CITY COUNCIL POLICY

WATER SHUT OFF POLICY
ISSUE:

WATER SHUT OFF POLICY
POLICY STATEMENT:

1. Application of Policy. This Policy on Residential Water Service (this “Policy”) shall apply to all City accounts for residential water service and other services billed on the same bill. Except as provided in Section 6, this Policy shall not apply to any accounts for non-residential service. To the extent this Policy conflicts with any other rules, regulations, or policies of the City (except ordinances), this Policy shall control.

2. Contact Information. For questions or assistance regarding your water bill, the City’s Customer Service staff can be reached at (714) 593-4420. Customers may also visit the Customer Service desk in City Hall during business hours. City Hall is located at 10200 Slater Avenue.

3. Billing Procedures. Water service charges are payable to the City on a bi-monthly basis. All bills are due and payable upon receipt. Any bills not paid by the due date stated on the bill are considered delinquent. A water bill shall be considered delinquent if it is not paid at the water billing department, in person or by mail, by 5 p.m. on or before the twentieth day after the bill is mailed to the customer. If the twentieth day falls on a Saturday, Sunday or legal holiday, the bill shall be considered delinquent after 5 p.m. of the next working day. As a penalty, customers who do not pay their water bills within the required time shall be assessed a 7% late charge or $10.00, whichever is greater.

4. Discontinuation of Water Service for Nonpayment. If a bill is delinquent for at least 60 days, the City may discontinue water service to the service address and impose a disconnection service fee.

4.1.Written Notice to Customer. The City will provide a mailed notice to the customer of record at least 20 days before discontinuation of water service. The notice will contain:
a) the name and address of the customer;
b) the amount of the delinquency;
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c) the date by which payment or payment arrangements must be made to avoid discontinuation of service;
d) the procedure by which the customer may initiate a complaint or request an investigation or appeal concerning service or charges; e) a description of the procedure by which the customer may request an alternative payment arrangement, which may include an extension, amortization, or alternative payment schedule;
f) the procedure for the customer to obtain information on financial assistance, if applicable; and
g) the telephone number where the customer may request a payment arrangement or receive additional information from the City.

4.2.Written Notice to Occupants or Tenants.
a) The City will also send a notice to the occupants living at the service address at least 20 days before discontinuation of water service under the following circumstances: (1) the City furnishes individually metered service to a single-family dwelling, multi-unit residential structure, mobile home park, or farm labor camp and the owner, manager, or operator is the customer of record, and such owner, manager, or operator is not also the occupant of the residence; or (2) the customer of record’s mailing address is not the same as the service address. The notice will be addressed to “Occupant,” will contain the information required in Section 4.1 above, and will inform the residential occupants that they have the right to become customers of the City without being required to pay the amount due on the delinquent account. Terms and conditions for occupants to become customers of the City are provided in Section 9 below.
b) If the City furnishes water through a master meter in a multi-unit residential structure, mobile home park, or permanent residential structures in a labor camp and the owner, manager, or operator is the customer of record, the City will make a good faith effort to inform the occupants, by means of written notice posted on the door of each residential unit at least 20 days prior to termination, that the account is 146
in arrears and the service will be terminated on a date specified in the notice. If it is not reasonable or practicable to post the notice on the door of each unit, the City will post two (2) copies of the notice in each accessible common area and at each point of access to the structure or structures. The notice will inform the residential occupants that they have the right to become customers of the City without being required to pay the amount due on the delinquent account. The notice will also specify what the occupants are required to do in order to prevent termination of, or to reestablish service; the estimated monthly cost of service; the title, address, and telephone number of a representative of the City who can assist the occupants in continuing service; and the address or telephone number of a qualified legal services project that has been recommended by the local county bar association. Terms and conditions for occupants to become customers of the City are provided in Section 9 below.

4.3.In-Person or Telephonic Notice. The City will also make a reasonable, good faith effort to contact the customer of record or adult person living at the premises of the customer in person or by telephone at least seven (7) business days before discontinuation of service. The City will offer to provide in writing a copy of this Policy and to discuss options to avert discontinuation of water service for nonpayment, including the possibility of an extension or other payment arrangement.

4.4.Posting of Notice at Service Address. If the City is unable to make contact with the customer or an adult person living at the service address in person or by telephone, the City will make a good faith effort to leave a notice of imminent discontinuation of residential service and a copy of this Policy in a conspicuous place at the service address. The notice and copy of this Policy will be left at the residence at least 48 hours before discontinuation of service. The notice will include:
a) the name and address of the customer;
b) the amount of the delinquency;
c) the date by which payment or payment arrangements must be made to avoid discontinuation of service;
d) the procedure for the customer to obtain information on financial 147
assistance, if applicable; and
e) the telephone number where the customer may request a payment arrangement or receive additional information from the City.

4.5.Circumstances Under Which Service Will Not Be Discontinued. The City will not discontinue residential water service for nonpayment under the following circumstances:
a) During an investigation by the City of a customer dispute or appeal as set forth in Section 5.1 below; or
b) During the period of time in which a customer’s payment is subject to a City-approved extension, amortization, or alternative payment schedule under Section 7 below, and the customer remains in compliance with the approved payment arrangement.

4.6.Circumstances Under Which Service Through a Master Meter Will Not Be Discontinued. If the City furnishes water through a master meter in a multi-unit residential structure, mobile home park, or permanent residential structures in a labor camp and the owner, manager, or operator of the dwelling, structure, or park is the customer of record, the City will not discontinue residential water service for nonpayment under the following circumstances:
a) When the customer’s indebtedness is owed to another public agency, or when the obligation represented by the delinquent account or indebtedness was incurred with any public agency other than the City’s water utility;
b) If a delinquent account relates to another property owned, managed, or operated by the customer;
c) If a public health or building officer certifies that termination would result in a significant threat to the health or safety of the residential occupants or the public.

4.7.Special Medical and Financial Circumstances Under Which Services Will Not Be Discontinued.
a) The City will not discontinue water service if all of the following 148
conditions are met:
i. The customer, or a tenant of the customer, submits to the City the certification of a licensed primary care provider that
discontinuation of water service will be life threatening to, or pose a serious threat to the health and safety of, a resident of the premises where residential service is provided;
ii. The customer demonstrates that he or she is financially unable to pay for residential service within the City’s normal billing cycle.

The customer is deemed financially unable to pay during the normal billing cycle if: (a) any member of the customer’s household is a current recipient of an assistance program (i.e.

CalWorks, CalFresh, Medi-Cal, Supplemental Security Income, etc.) or (b) the customer declares under penalty of perjury that the household’s annual income is less than 200% of the federal poverty level; and
iii. The customer is willing to enter into an alternative payment arrangement with respect to the delinquent charges.
b) For any customers who meet all of the above conditions, the City shall offer the customer one of the following options, to be selected by the City in its discretion: (1) an extension of the payment period; (2) amortization of the unpaid balance; or (3) an alternative payment schedule. The City’s Finance Director or designee will select the most appropriate payment arrangement, taking into consideration the information and documentation provided by the customer, as well as the City’s payment needs.
c) The customer is responsible for demonstrating that the conditions in subsection (a) have been met. Upon receipt of documentation from the customer, the City will review the documentation and: (1) notify the customer of the alternative payment arrangement selected by the City and request the customer’s signed assent to participate in that alternative arrangement; (2) request additional information from the customer; or (3) notify the customer that he or she does not meet the conditions in subsection (a).
d) The City may discontinue water service if a customer who has been 149
granted an alternative payment arrangement under this section fails to do any of the following for 60 days or more: (a) pay his or her unpaid charges by the extended payment date; (b) pay any amortized amount due under the amortization schedule; (c) pay any amount due under an alternative payment schedule; or (d) pay his or her current charges for water service. The City will post a final notice of intent to disconnect service in a prominent and conspicuous location at the service address at least five (5) business days before discontinuation of service. The final notice will not entitle the customer to any investigation or review by the City.

4.8.Time of Discontinuation of Service. The City will not discontinue water service due to nonpayment on a Saturday, Sunday, legal holiday, or at any time during which the City’s office is not open to the public.

4.9.Restoration of Service. Customers whose water service has been discontinued may contact the City by telephone or in person regarding restoration of service.

Restoration shall be subject to payment of: (a) any past-due amounts, including applicable interest or penalties; (b) any reconnection fees, subject to the limitations in Section 8.1, if applicable; (c) and a security deposit, if required by the City.

5. Procedures to Contest or Appeal an Incorrect Bill.

5.1.Time to Initiate Complaint or Request an Investigation. A customer may initiate a complaint or request an investigation regarding the amount of a bill within five (5) days of receiving a disputed bill. For purposes of this Section 5.1 only, a bill shall be deemed received by a customer five (5) days after mailing and immediately upon e-mailing. A customer may initiate a complaint or request an investigation by calling (714) 593-4420 or by submitting a written request and supporting documentation to City of Fountain Valley, 10200 Slater Avenue, Fountain Valley, CA 92708.

5.2.Review by City. A timely complaint or request for investigation shall be reviewed by the Finance Director or designee, who shall provide a written determination to the customer within 14 days of receipt of the dispute. The review will include consideration of whether the customer may receive an extension, amortization, or alternative payment schedule under Section 7. The City may, in its discretion, review untimely complaints or requests for investigation; however, such complaints or requests are not subject to appeal.
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5.3.Appeal to City Manager. Any customer whose timely complaint or request for an investigation pursuant to this Section 5 has resulted in an adverse determination may appeal the determination to the City Manager by filing a written notice of appeal with the City Clerk within 14 days of the City’s mailing of its determination.

If an appeal is received by the City Clerk within fourteen days of the date the reply was mailed, then the appeal shall be forwarded to the City Manager. The City Manager shall review the appeal and mail or deliver a written determination letter to the affected customer or representative. The City Manager’s decision is final.

5.4.Customer Responsibility for Actual Water Use. Customers are responsible for all actual water use on the property, including leaks. This includes a responsibility to maintain irrigation systems on the property and household plumbing such that any leaks are detected and repaired in a timely manner so as to reduce the risk of usage due to leaks. Customers may, however, be eligible for a water loss adjustment as provided in Section 6 below.

6. Water Loss Adjustments

6.1.Request for Adjustment; Required Documentation. Notwithstanding Section 5.4, the City may, upon written request of a customer, adjust a customer's bill in the case of loss of water due to circumstances beyond the customer’s reasonable control, such as a mechanical malfunction, blind leak, theft of water, vandalism, unexplained water loss or other unusual or emergency conditions. Adjustments will not be made for faucet leaks. The customer’s request must be supported by repair bills or other appropriate documentation. This Section 6 applies to both residential and non-residential accounts of the City.

6.2.Determination by City. The determination of whether an adjustment is granted will be made at the sole discretion of the City’s Finance Director or his or her designee; the determination will be final and is not subject to appeal. In making the determination, the City may take into account the cause of water loss, the customer’s opportunity, if any, to detect it, any negligence or fault of the customer in connection therewith, and the promptness with which the water loss was discovered, stopped and repairs made. For the customer to be eligible for an adjustment, the will consider the following factors after investigation:
a) There was no evidence that the excessive use was due to the intentional or negligent act of the customer, or non-responsiveness of the customer to warning signals such as higher water and/or sewer 151
bills, leak notifications, visible water, or other factors that should have made the customer reasonably aware of the existence of a leak; b) No third party responsible for water loss at the customer’s property can be pursued for reimbursement by the customer;
c) After being notified by the City via heightened billing, letter, 0, or by any other means, the customer took prompt and reasonable action to ascertain the cause of the excessive use and to correct it; and d) The customer took corrective action immediately upon discovering or being notified of a leak, and provided the City with satisfactory evidence that the leak was repaired (copy of repair service bill, etc.).

6.3.Calculation of Adjustment Amount. If granted, the adjustment of the customer’s bill will be calculated as follows:
a) The amount of the excess cost will be determined by taking the difference between the total cost of utility service for the bill in question less the total cost of utility service for the same billing period the previous year.
b) The Customer is responsible for paying one-half of the amount calculated in subsection (a). The City will credit the customer’s account the other one-half of the amount; provided, however, that the City shall under no circumstance provide a credit in excess of $300.

6.4.Additional Conditions.
a) Water loss adjustments will be limited to one adjustment every five (5) years. The five-year period begins at the end of the last billing period for which a water loss adjustment was granted.

7. Extensions and Other Alternative Payment Arrangements.

7.1.Time to Request an Extension or Other Alternative Payment Arrangement. If a customer is unable to pay a bill during the normal payment period, the customer may request an extension or other alternative payment arrangement described in this Section 7. If a customer submits his or her request within 13 days after mailing 152
of a written notice of discontinuation of service by the City, the request will be reviewed by the Finance Director or designee. At his or her own discretion, the City’s Finance Director or designee may consider requests for an extension or other alternative payment arrangement described in this Section 7 either before or after the 13 day period referenced in this Section 7. City decisions regarding extensions and other alternative payment arrangements are final and are not subject to appeal to the City Manager. As an inducement to enter into a payment arrangement, or for other purposes benefiting the City, the City’s Finance Director or designee may at his or her own discretion waive one or more late charges applied to an account.

7.2.Extension. If approved by the City, a customer’s payment of his or her unpaid balance may be temporarily extended for a period not to exceed six (6) months after the balance was originally due. The City’s Finance Director or designee shall determine, in his or her discretion, how long an extension shall be provided to the customer. The customer shall pay the full unpaid balance by the date set by the City and must remain current on all water service charges accruing during any subsequent billing periods.

7.3.Amortization. If approved by the City, a customer’s payment of his or her unpaid balance may be amortized over a period not to exceed 12 months, as determined by the City’s Finance Director or designee, in his or her discretion. If amortization is approved, the unpaid balance will be divided by the number of months in the amortization period, and that amount will be added to the customer’s monthly bills for water service until fully paid. During the amortization period, the customer must remain current on all water service charges accruing during any subsequent billing periods. At the City’s Finance Director’s or designee’s sole discretion, a period longer than 12 months may be used for the amortization period to avoid undue hardship based on the circumstances of the individual case.

7.4.Alternative Payment Schedule. If approved by the City, a customer may pay his or her unpaid balance pursuant to an alternative payment schedule that will not exceed 12 months, as determined by the City’s Finance Director or designee, in his or her discretion. If approved, the alternative payment schedule may allow periodic lump-sum payments that do not coincide with the City’s established payment date or may provide for payments made more or less frequently than the City’s regular payment date. During the period of the alternative payment schedule, the customer must remain current on all water service charges accruing during any subsequent billing periods.
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7.5.Failure To Comply. The City may terminate water service if a customer who has been granted a payment arrangement under this Section 7 fails to make a payment due under the payment arrangement, and at least 60 days have passed since the original bill became delinquent. Under such circumstances, the City may terminate service after posting only a final notice of intent to disconnect service in a prominent and conspicuous location at the service address at least five (5) business days before discontinuation of service. The final notice will not entitle the customer to any investigation or review by the City.

8. Specific Programs for Low-Income Customers.

8.1.Reconnection Fee Limits and Waiver of Interest. For residential customers who demonstrate to the City a household income below 200% of the federal poverty line, the City will limit any reconnection fees during normal operating hours to $50, and during non-operational hours to one hundred fifty dollars ($150). The limits will only apply if the City’s reconnection fees actually exceed these amounts.

These limits are subject to an annual adjustment for changes in the Bureau of Labor Statistics’ Consumer Price Index for All Urban Consumers (CPI-U) beginning January 1, 2021.

8.2.Qualifications. The City will deem a residential customer to have a household income below 200% of the federal poverty line if: (a) any member of the customer’s household is a current recipient of an assistance program (i.e.

CalWorks, CalFresh, Medi-Cal, Supplemental Security Income, etc.) or (b) the customer declares under penalty of perjury that the household’s annual income is less than 200 percent of the federal poverty level.

9. Procedures for Occupants or Tenants to Become Customers of the City.

9.1.Applicability. This Section 9 shall apply only when the property owner, landlord, manager, or operator of a residential service address is listed as the customer of record and the customer of record is not the resident using water on the property and has been issued a notice of intent to discontinue water service due to nonpayment.

9.2.Agreement to City Terms and Conditions of Service. The City will make service available to the actual residential occupants if each occupant agrees to the terms and conditions of service to become a customer of the City and meets the requirements of the City’s rules and regulations. Notwithstanding, if one or more of the occupants are willing and able to assume responsibility for the subsequent 154
charges to the account to the satisfaction of the City, or if there is a physical means, legally available to the City, of selectively discontinuing service to those occupants who have not met the requirements of the City’s rules and regulations, the City shall make service available to the occupants who have met those requirements.

9.3.Verification of Tenancy. To be eligible to become a customer without paying the amount due on the delinquent account, the occupant shall verify that the delinquent account customer of record is or was the landlord, manager, or agent of the dwelling. Verification may include, but is not limited to, a lease or rental agreement, rent receipts, a government document indicating that the occupant is renting the property, or information disclosed pursuant to Section 1962 of the Civil Code, at the discretion of the City.

9.4.Methods of Establishing Credit. If prior service for a period of time is a condition for establishing credit with the City, residence and proof of prompt payment of rent for that period of time is a satisfactory equivalent.

9.5.Deductions from Rental Payment. Pursuant to Public Utilities Code Section 10009.1(d), any occupant who becomes a customer of the City pursuant to this Section 9 and whose periodic payments, such as rental payments, include charges for residential water service, where those charges are not separately stated, may deduct from the periodic payment each payment period all reasonable charges paid by the occupant to the City for residential water service during the preceding payment period. This subsection is intended only as a statement of existing law under Public Utilities Code Section 10009.1(d); it does not establish any independent legal rights or duties on landlords or tenants and is not enforceable by the City.

10.Third Party Notification Service for Seniors and Dependent Adults. The City will make available, to residential customers who are 65 years or older, or who are dependent adults (as defined in Welfare and Institutions Code Section 15610(b)(1)), a third-party notification service whereby the City will attempt to notify a person designated by the customer to receive notification when the customer’s account is past-due and subject to termination. The notification will include information on what is required to prevent termination of service. The City will mail the notification to the designated third party at least 10 days before termination of service. To participate, the customer must submit a request for third-party notification in an email to the City’s Finance Director or designee. The notification service does not obligate the third party to pay any overdue charges, nor shall it prevent or delay termination of service. 155

11.Language for Certain Written Notices. All written notices under Section 4 and Section 7.5 of this Policy shall be provided in English, Spanish, Chinese, Tagalog, Vietnamese, Korean, and any other language spoken by 10% or more people within the City’s service area.

12.Other Remedies. In addition to discontinuation of water service, the City may pursue any other remedies available in law or equity for nonpayment of water service charges, including, but not limited to: securing delinquent amounts by filing liens on real property, filing a claim or legal action, or referring the unpaid amount to collections.

13.Discontinuation of Water Service for Other Customer Violations. The City reserves the right to discontinue water service for any violations of City ordinances, rules, or regulations other than nonpayment.

14.Fees and Charges Incurred. Except as otherwise expressly stated in this Policy, any fees and charges incurred by a customer under any other rules, regulations, or policies of the City, including, but not limited to, delinquent charges, shall be due and payable as set forth therein.

15.Decisions by City Staff. Any decision which may be taken by the City’s Finance Director under this Policy may be taken by his or her designee. ____________________________
City Clerk
156

COMMUNITY DEVELOPMENT
157

CITY COUNCIL POLICY

AFFORDABLE HOUSING LOAN SUBORDINATION POLICY
ISSUE:

AFFORDABLE HOUSING LOAN SUBORDINATION
PURPOSE:

To memorialize the terms and conditions that City or Agency would allow the subordination of its affordable housing loans for the purpose of refinancing existing debt that is in a superior lien position.

LEGAL OVERVIEW:

The policy has been reviewed by the City Attorney.

POLICY STATEMENT:

The City of Fountain Valley and the Fountain Valley Agency for Community Development will consider a loan subordination request from an individual borrower who has a affordable housing related loan with either the City of Fountain Valley or the Fountain Agency for Community Development with the following guidelines:

1. The property must be owner occupied as the principal residence.

2. Homeowner is refinancing for a better interest rate or term of loan.

Rate must be a fixed rate, fully amortized loan. Loan must be a fully documented loan; stated income or no-doc loans will not be allowed.

3. The new refinance loan amount must not exceed the amount of the original first mortgage loan at the time of assistance received from the City/Agency.

4. Housing cost must remain affordable, must not exceed 30% for low income and 35% for moderate income.

5. Lender fees such as closing costs may be included into the new loan.

6. The City/Agency loan will be in no lower than second position.

7. The new loan plus the City/Agency loan cannot exceed 95% loan to value ratio.

8. The City/Agency will agree to subordinate for a refinance no more than once in a twelve month period.
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9. A Request for Notice (this document alerts the City/Agency to any default of the senior lien) must be recorded for the new loan and mailed to the City/Agency.

10. The City/Agency will charge a subordination document processing fee. The fee is established in the City fee schedule and is currently $110.

11. The City/Agency will require a minimum of 5 working days to review the documentation and 5 working days to prepare and execute the documentation.

12. The City Manager or Agency Executive Director is authorized to execute the subordination documents on behalf of the City/Agency.

If necessary the Agency Chair and/or the Mayor may sign without further authorization if subordination is made consistent with this policy.

13. AII original requirements and restrictive conditions in the City/Agency loan agreement shall remain in place.

14. Any exception to the Subordination Policy must be made in writing and approved by the City Manager or Agency Executive Director. ____________________________
City Clerk
(Approved: August 18, 2009.)
159

CITY COUNCIL POLICY

DEVELOPMENT AGREEMENT MITIGATION FEE
ISSUE:

DEVELOPMENT AGREEMENT MITIGATION FEE
POLICY STATEMENT:

The City Council has a policy of providing services to developments within the City. The existing service level for Police, Fire, Public Works, etc., was based upon the existing population and land use pattern. With new development there is a need to provide additional services. Therefore, the City Council will assess new developments a Development Mitigation Fee to cover the City's increased costs for new and extended services.

At the time a developer contacts the City regarding property for development, either residential, commercial or industrial, staff will establish the calculation for the fee regarding the Development Mitigation. Unless the City Council specifies to the contrary, the fee shall equal 3% of the cost of construction in accordance with the computed values on the City building permit. The fee shall be processed by means of a Development Agreement between the developer and the City. Moreover, the fee shall be paid prior to the issuance of building permit for the development.

The fee shall be applied to residential, commercial, and industrial development.

EXCEPTIONS AND CONSTRAINTS:

Notwithstanding the foregoing, application of this Development Mitigation Fee shall be subject to the following constraints or conditions:

1. That churches and charity (non-profit public benefit) organizations planning to build facilities for their direct and primary use shall be exempted from paying the Development Mitigation Fee as determined to be eligible for such exemption by the Planning Commission; for example, a gymnasium for a Boys' and Girls' Club or a sanctuary for a church.

2. That the Development Mitigation Fee shall be applied only to projects containing 10,000 sq. ft. or more of gross floor area.

3. That the Park Fee shall be waived for residential developments with a payment of a Development Mitigation Fee. The minimum Development Mitigation Fee shall be at least $1,750.00 for each residential unit. For residential developments where the Development Mitigation Fee is not at least $1,750.00 per unit. Otherwise, the Development Mitigation Fee for residential developments shall be the same as other developments, 3% of construction costs.
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This formula may be modified, at Council discretion, by consideration of other factors related to the project.
____________________________
City Clerk
(Amended January 21, 1986.)
(Adopted 02/05/1985.)
161

CITY COUNCIL POLICY

DISPLAY OF FLAGS
ISSUE:

CITY’S DISPLAY OF FLAGS
PURPOSE:

To establish guidelines for the display of flags on City of Fountain Valley-owned flagpoles, flag-stands, and attached to other City-owned property.

POLICY:

The City’s flagpoles and flag-stands are not intended to serve as a forum for expression by the public. Only the City may place or fly a flag on City’s flagpoles, flag-stands, or Cityowned property except as expressly provided by Fountain Valley Municipal Code Chapter

21.25 (“Signs on Public Property”).

As an expression of the City’s own government speech, the City shall only fly flags of government agencies recognized by the United States and located within the United States including, but not limited to:

The Flag of the United States
The Flag of the State of California
The Flag of the City of Fountain Valley
The flags of Official Sister Cities of Fountain Valley
The City shall also display the POA/MIA flag which is recognized as a national symbol by Congress. (32 U.S.C. § 902.)
____________________________
City Clerk
162

CITY COUNCIL POLICY

HOME IMPROVEMENT PROGRAM
ISSUE:

HOME IMPROVEMENT PROGRAM
PURPOSE:

The City of Fountain Valley has designated a significant portion of its housing and community development resources to the goal of preserving and enhancing the City’s existing housing stock. In support of this goal, the City has offered home improvement grants, rebates, and low-interest loans to eligible households under its Home Improvement Program.

POLICY STATEMENT:

See attached statement.
____________________________
City Clerk
(September 17, 1996, Resolution 8708.)
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HOME IMPROVEMENT PROGRAM CITY COUNCIL POLICY
I. BACKGROUND
For over twenty years, the City of Fountain Valley has designated a significant portion of its housing and community development resources to the goal of preserving and enhancing the City's existing housing stock. In support of this goal, the City has offered home improvement grants, rebates and low-interest loans to eligible households under its Home
Improvement Program.

In implementing the Home Improvement Program, the City of Fountain Valley utilizes various federal, state and local funding sources. These include, but are not limited to Community Development Block Grant (CDBG) and HOME Investment Partnerships (HOME) program funds made available by the United States Department of Housing and Urban Development (HUD), and Redevelopment Twenty Percent Housing Set-Aside funds provided by the Fountain Valley Agency for Community Development (Agency).

The City Council Policy governing the City's Home Improvement Program has remained essentially unchanged since the inception of the program. This policy replaces all previously existing policies, establishes new program guidelines for the Home Improvement Program, and designates the method by which the programs can be altered in the future.

II. PROGRAM OBJECTIVES
As part of its ongoing housing and community development efforts, the City of Fountain Valley has established a Home Improvement Program. The goals and objectives of this program are to:

A. Preserve and enhance the City's existing housing stock; and B. Provide decent housing and a suitable living environment for persons and families of low- and moderate-incomes.

III. HOME IMPROVEMENT PROGRAMS
B. Single-Family Home Improvement Programs
The City of Fountain Valley will offer a variety of home improvement financing programs (e.g. grants, rebates and low-interest loans) designed to assist low- and moderate-income 164
homeowners with the means to make necessary improvements to their homes. Eligible homeowners may initially utilize assistance under any two of the three primary programs (grants, rebates and low-interest loans). Repeat assistance will be allowed for rebates and loans once every seven years, however, the balance of all outstanding loans may not exceed $50,000. Grants are available on a one-time basis only, except for emergency grants, which may be utilized as often as needed if the homeowner has already exhausted all other forms of eligible assistance. Participation in the City's Single-Family Home Improvement Programs is also subject to the additional requirements described in Sections IV through VII of this policy.

1. Grant Program
Target Income
Group:
<80% of area median income (MFI)
Maximum Amount: $5,000
Project Location: Citywide
Security: None
Loan Rate and Term: N/A
Repayment
Schedule:

N/A
Fees: None
Availability: One time only per household per address
Special
Requirements:

None

2. Lead Hazard Reduction Grant Program
Target Income
Group:
<120% of area median income (MFI)
Maximum Amount: $7,500
Project Location: Citywide
Security: None
Loan Rate and Term: N/A
Repayment
Schedule:

N/A
Fees: None
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Availability: Receipt of recurring assistance under this program is subject to participant's eligibility to receive assistance under the City of Fountain Valley Home Improvement Program.

Special
Requirements:

None

3. Emergency Grant Program
Target Income
Group:
<80% of area median income (MFI)
Maximum Amount: $5,000
Project Location: Citywide
Security: None
Loan Rate and Term: N/A
Repayment
Schedule:

N/A
Fees: None
Availability: Unlimited per special requirements
Special
Requirements:

May only be used to address existing zoning/building code violations, structural conditions that require immediate attention to prevent future damage to the property, and/or conditions that threaten the health and safety of the unit's occupants after homeowner has exhausted all other available forms of eligible assistance.

4. Rebate Program
Target Income
Group:
<80% of area median income (MFI)
Maximum Amount: $5,000 (calculated at 50% of total project cost) Project Location: Citywide
Security: None
Loan Rate and Term: N/A
Repayment
Schedule:

N/A
Fees: None
Availability: Once every seven years
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Special
Requirements:

None

5. Low Interest Loan Program
a. Low-Interest Deferred Payment Loans
Target Income
Group:
<120% of area median income
Maximum Amount: $50,000
Project Location: Citywide
Security: Recorded Trust Deed I Promissory Note
Loan Rate and Term: 0% to 120% of MFI: 3% I 25 years
Note: An interest rate of ten percent (10%) will apply to the entire loan principal if the subject property is
sold/transferred within twelve (12) months of loan
origination.

Repayment
Schedule:

Flexible
Fees: 100% of fees (assessed at underwriter's cost) to be paid by borrower. (Loan fees may be wrapped into loan). $150
reconveyance charge at time of payoff.

Availability: Once every seven years, however, the principal balance of all outstanding Home Improvement Program loans may not
exceed
$50,000.

Special
Requirements:

Home Improvement Program loans must be recorded in
second position or higher except where homeowner has an outstanding City of Fountain Valley First-Time Homebuyer (FTHB) Program loan.

Credit Rating Applicants must have minimum credit score rating of fair credit to qualify for the program.

Equity The total indebtedness of all recorded liens, including the City's Home Improvement Program loan, may not exceed
ninety-five percent (95%) of the fair market value of the home after rehabilitation.
b. Low-Interest Payment Loans
Target Income
Group:
<120% of area median income
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Maximum Amount: $50,000
Project Location: Citywide
Security: Recorded Trust Deed I Promissory Note
Loan Rate and Term: 0%-80% of MFI: 3% / 81%-120% of MFI: 3% $3,500 - $5,999 - 5 years
$6,000 - $14,999 – 10 years
$15,000 - $24,999 - 15 years
$25,000 - $34,999 - 20 years
$35,000 - $50,000 - 25 years
Note: An interest rate of ten percent (10%) will apply to the entire loan principal if the subject property is
sold/transferred within twelve (12) months of loan
origination.

Repayment
Schedule:

Monthly payments / straight amortization
Fees: 100% of fees (assessed at underwriter's cost) to be paid by borrower. (Loan fees may be wrapped into loan). $150
reconveyance charge at time of payoff.

Availability: Once every seven years, however, the principal balance of all outstanding Home Improvement Program loans may not
exceed $50,000.

Special
Requirements:

Home Improvement Program loans must be recorded in
second position or higher except where homeowner has an outstanding City of Fountain Valley First-Time Homebuyer (FTHB) Program loan.

Credit Rating Applicants must have minimum credit score rating of fair credit to qualify for the program.

C. Mobile Home Improvement Programs
The City of Fountain Valley will offer grants and rebates to eligible low-income mobile home owners as needed to make necessary improvements to their mobile homes. Eligible mobile home owners may initially utilize assistance under one of the two available mobile home improvement programs. Participation in the second program will be allowed 12 168
months after the date of last assistance. Repeat assistance will be allowed for rebates once every seven years. Grants are available on a one-time basis only, except for emergency grants, which may be utilized as often as needed if the homeowner has already exhausted all other forms of eligible assistance. Participation in the City's Mobile Home Improvement Programs is also subject to the additional requirements described in Sections IV through VII of this policy.

1. Grant Program
Target Income
Group:
<80% of area median income (MFI)
Maximum Amount: $7,000 ($9,500 if roof replacement is necessary) Project Location: Citywide
Security: None
Loan Rate and Term: N/A
Repayment
Schedule:

N/A
Fees: None
Availability: One time only per household per address
Special
Requirements:

None

2. Lead Hazard Reduction Grant Program
Target Income
Group:
<80% of area median income (MFI)
Maximum Amount: $5,000
Project Location: Citywide
Security: None
Loan Rate and Term: N/A
Repayment
Schedule:

N/A
Fees: None
Availability: Receipt of recurring assistance under this program is subject to participant's eligibility to receive assistance under the City of Fountain Valley Home Improvement Program.

Special
Requirements:

None
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3. Emergency Grant Program
Target Income
Group:
<80% of area median income (MFI)
Maximum Amount: $4,000
Project Location: Citywide
Security: None
Loan Rate and Term: N/A
Repayment
Schedule:

N/A
Fees: None
Availability: Unlimited per special requirements
Special
Requirements:

N/A
Fees: None
Availability: Once every seven years
Special
Requirements:

None
IV. ELIGIBILITY CRITERIA
A. Homeowner Eligibility Requirements

1. Income
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Gross annual household income may not exceed either 80% or 120% of the Orange County median income adjusted for family size as provided by the U.S. Department of Housing and Urban Development (HUD). Specific maximum household annual income requirements for each program may be found under Section Ill - Home Improvement Programs of this policy.

Income will be calculated using standard methods such as tax returns, pay stubs, retirement benefit statements, etc. Credit reports are also required. If a credit report shows that the homeowners current credit liability payments combined with payment statements from other sources including credit unions or entities exceeds the reported income the application will be declined, as this is considered a financial risk.

2. Liquid Assets
Total household liquid assets may not exceed $50,000. Liquid assets include all funds held in savings, checking, money market, brokerage and trust accounts. Assets held in Individual Retirement Accounts (IRA's), 401 (k) and other qualified deferred compensation retirement accounts, and whole life and whole life derivative insurance policies shall not be considered liquid for the purposes of this program provided that no holder of said accounts is greater than fifty-nine and one-half (59 ½) years of age. In the event that one or more account holders exceed fifty-nine and one-half (59 ½) years of age, assets held in the above mentioned types of accounts would be considered liquid.

In the event that one or more account holders exceeds fifty-nine and one-half (59 ½) years of age and the gross household income (not adjusted for business losses) is less than or equal to 30% of the Orange County median income adjusted for family size, the liquid asset limitation shall be $100,000.

3. Ownership of Real Property Other Than Primary Residence Ownership of rental property or other real estate holdings other than the household's primary residence is prohibited.

4. Tenant Income
To calculate the total income for a household income from all sources must be included.

If a homeowner rents a room to a tenant the homeowner must provide a true copy of the rental agreement with the tenant or the tenant must provide a notarized statement indicating the amount of rent paid on a monthly basis. The tenant must have access to the common areas of the home including the kitchen and laundry facilities to be considered as a tenant of the home.
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The monthly rent shall be added to the homeowner's income for qualifying purposes.

5. Credit Scores
Applicants must have minimum credit score rating of fair credit to qualify for the program.

Credit scores must be provided by a report from one of the major reporting agencies, Equifax, Transunion or Experian.

6. Bankruptcy
Applicants who have had a bankruptcy within 24 months of applying for the City of Fountain Valley Home Improvement Program will not be eligible for the program.

Applicants with extenuating circumstances may appeal these criteria.

A. Property Eligibility Requirements
Following the determination of homeowner's eligibility pursuant to the requirements of Section IV "A" above, the homeowner must demonstrate property eligibility. To be eligible to receive Program assistance, real property will be evaluated and must meet each of the requirements set forth below:

1. Location and Type of Property
The property must be a single-family residence (e.g. condominium, townhouse, or detached single-family home) located within the city limits of the City of Fountain Valley.

2. Condition
The property must be in need of repairs to (i) correct existing nonconforming development standards, (ii) correct existing nonconforming local and/or state code requirements, (iii) correct existing local and/or state code violations, (iv) protect the structural integrity of the property, (v) promote neighborhood safety, (vi) improve energy efficiency, (vii) refurbish exterior and/or interior improvements, or (viii) aid the mobility of the physically disabled and/or elderly.

All repairs must qualify as eligible repairs as defined in Section V. Note: Any previous renovations done at the property without the proper building permits, that are items not covered by the Home Improvement Program, must be brought into compliance prior to participation in the Home Improvement Program. If previous unpermitted renovations are items that are normally covered by the Home Improvement Program, the cost of 172
permitting the item and any corrections can be included in the cost of the Home Improvement Program, if the item has been completed more than five years prior to the participation in the Home Improvement Program.

3. Ownership and Owner-Occupancy .Requirements
The income eligible homeowner(s) must hold record fee simple title to the property, and must occupy the property as a principal residence.

4. Maximum After Rehabilitation Property Value (HOME Funds Only) The estimated value of the property, after rehabilitation, may not exceed ninety-five percent (95%) of the median purchase price for single-family homes in the City.

5. Equity
The total indebtedness of all recorded liens, including the City's Home Improvement Program loan, may not exceed ninety-five percent (95%) of the fair market value of the home after rehabilitation. For the purposes of this calculation, encumbrances must include the proposed principal amount of the
Program loan requested by the eligible owner. The equity calculation will be made by comparing the sales prices of similar homes sold in the immediate vicinity of the subject property within a six month period prior to the funding of any monies from the City. If the homeowner disagrees with the established value the homeowner may at their own expense provide an appraisal from a licensed appraiser. The City will have the option to have the appraisal reviewed by a licensed appraiser.

6. Hazard Insurance
All properties must be insured with an all-risk property insurance policy in an amount equal to the full replacement value of all structures located on the property. Furthermore, all properties located within the 100-year floodplain that receive assistance under the Low-Interest Loan Program must maintain flood insurance in the amount of the improvements for the term of the loan.

7. Property/Income Tax Delinquency or Liens
All property taxes and assessments must be paid current, and the property must not have any recorded property or income tax liens or outstanding mechanics liens. 173

8. Outstanding Judgments and Obligations
All outstanding mortgages recorded against the subject property must be current.

Furthermore, no outstanding tax liens, mechanics liens and/or judgments may be recorded against the property to be rehabilitated. All utility billing must be current.

B. Order of Priorities for Eligible Improvements
The following order of priorities will apply to all eligible improvements made under the City of Fountain Valley Home Improvement Program. All improvements listed within any given priority category must be addressed prior to the inclusion of items identified as having a lower priority.

1. Evaluation of property for lead based paint hazards and any remediation necessary;

2. Inspection and remediation of any wood destroying insects (termites).

3. Improvements needed to alleviate conditions that present an immediate threat to the health and safety of the property's occupants;

4. Improvements needed to correct existing building, zoning and public nuisance code violations not presenting an immediate threat to the health and safety of the property's occupants;

5. General property improvements needed to repair or replace broken, damaged and/or deteriorated items.

C. Eligible Improvements
All eligible improvements must be physically attached to the property and be permanent in nature. In order to be eligible for Program assistance, the City's Housing Coordinator, or his/her designee, following an inspection of the property in accordance with Program requirements, must approve proposed improvements. All rehabilitation work must be completed by qualified, licensed, and insured contractors selected in accordance with Program procedures.

The City of Fountain Valley Home Improvement Program is designed to provide for the repair, and if necessary, the replacement of damaged, deteriorated or failing items or improvements that already exists on an eligible property. In the event that replacement of damaged, deteriorated or failing items or improvements is necessary, said items will be replaced with those of equal or like quality. The program is not designed to provide for the upgrade of single-family homes. Some eligible improvements (e.g. the replacement 174
of flooring) are subject to materials and/ or labor cost allowances. A description of all applicable cost allowances can be found in Appendix A of this policy.

A listing and description of fill eligible improvements, including item-specific restrictions (if applicable) is provided below:

1. Abatement of Code Violations: Any and all work including but not limited to demolition, construction, rehabilitation, replacement, and installation needed to abate violations of the City of Fountain Valley's building and municipal codes.

2. Accessibility Modifications: All modifications, alterations, or additions necessary to facilitate access and use of the home by disabled persons are permitted. These may include the installation of handicap ramps, grab bars, and accessible shower enclosures; the modification of doorways, hallways, and countertop elevations; and other adaptive measures.

3. Cabinetry: Repair, re-facing or refinishing of damaged or deteriorated cabinets, including countertops, is permitted. Replacement of cabinets is only permitted when repair, re-facing or refurnishing is not a cost effective alternative.

4. Deadbolt locks: Installation of deadbolt locks is permitted if doors are "solid core".

5. Doors/Windows: Repair and replacement of worn or damaged doors or windows is permitted with those of similar type and quality. Enlargement of door/window openings is permitted only where the existing door/window area is non-compliant with current building codes, and only to the extent needed to achieve building code compliance.

6. Driveways/Walkways: Repair or replacement of damaged or deteriorated driveways and walkways. Driveways and walkways may only be replaced with broom-finished concrete. The use of decorative stone is not permitted.

7. Drywall/Lath and Plaster: Repair, replacement and finishing of damaged drywall/lath and plaster necessary to match the original finish is permitted.

8. Electrical: Repair and upgrading of electrical system, if required under National Electrical Code, including service panels, wiring, outlets, and switches.

Replacement of lighting fixtures and installation of security lighting is eligible subject to a $50.00 per lighting fixture cost allowance. 175

9. Energy conservation: Installation or replacement of insulation, weather stripping, water heater blankets, and attic ventilators. Installation of energy efficient doors and windows is allowable provided that the conditions outlined under Doors/Windows are met.

10. Fencing/Block Walls: Repair or replacement of existing fencing or block walls (in kind) is eligible. Chain link fences may however, be replaced with a wood (cedar or redwood) fence. For fences or block walls located on a property line, only the homeowner's pro-rated cost may be included in the project.

Permission and financial participation (on a pro-rated basis) from all neighboring property owners is required. For properties with pools, the repair or installation of fences, gates and safety hardware/devices as needed to comply with Uniform Building Code requirements is permitted.

11. Flood Insurance: Payment for the first year of flood insurance (if required) as needed to insure improvements made under the City's Home Improvement Program is eligible. All costs associated with maintaining flood insurance coverage beyond the first year are to be born entirely by the homeowner.

12. Flooring: The replacement of damaged or deteriorated flooring (in kind) is permitted subject to materials and labor cost allowances outlined in Appendix A of this policy.

13. Garage Doors: The repair or replacement of garage doors, including the replacement of inoperable garage door openers and broken springs is eligible.

The installation of garage door openers where no opener is currently installed is permitted only in homes occupied by one or more disabled persons.

14. HVAC Systems: Repair or replacement of failed, failing, damaged or inoperative HVAC system components included furnaces, air conditioning compressors, forced air units, heat pumps, ducts and vents are permitted. The installation of new air conditioning equipment is not permitted except in cases where medically necessary as prescribed by a doctor.

15. Kitchen Appliances: Repair or replacement of damaged or inoperable stoves, ovens and dishwashers is permitted subject to the materials and labor cost allowances outlined in Appendix A of this policy.
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16. Landscaping: The replacement of dead sod is permitted to the extent necessary to meet minimum municipal code requirements. The planting or replacement of trees, shrubs, ground covers (other than sod), hard landscaping, and planter boxes is not permitted. All sod replacements must include the installation of an automated irrigation system.

17. Overgrown/Dead Vegetation: The trimming of overgrown vegetation and the removal of dead vegetation or living vegetation whose root system is causing structural damage are permitted. Dead vegetation, other than sod, that is removed may not be replaced.

18. Painting (exterior): Exterior painting is eligible and must be undertaken if the current condition represents a violation of the City's Public Nuisance Code as determined by the City's Code Enforcement Officer.

19. Painting (interior): Complete painting of the interior of the home is eligible.

20. Pest Control: Eradication of insect infestations and repairs to improvements damaged by insect infestation is permitted. Termite inspections and abatements must be conducted on all homes that have not been inspected during the most recent two (2) year period.

21. Plastering, siding, and stucco: Repairs (e.g. patching, filling or localized replacement) to damaged plaster, stucco or siding is permitted.

22. Plumbing/Sewer Pipes and Fixtures: Repair or replacement of leaking or damaged water/sewer pipes and fixtures (including toilets, bathtubs, shower enclosures, faucets and garbage disposals) to the extent necessary to complete rehabilitation, not customization. Connection to municipal sewer lines is permitted.

23. Property Clean-up: Removal of overgrown vegetation and debris and trash located on the property's front, side and rear yard is permitted. Removal of excessive debris and trash from the inside of the home is permitted only where the homeowner(s) is/are physically incapable of completing such work.

24. Rain Gutters: Repair or replacement of failing rain gutters is permitted.

25. Roofing: Complete repair or replacement of deteriorated or damaged roofing is permitted. Materials of the same type and quality as the existing roof must be used (i.e. composition shingle must be replaced by composition shingle) except 177
where 1) different roofing materials are needed to match the type and quality of roofs found on a majority of homes in the immediate neighborhood, or 2) the existing roof is made of wood shake in which case a tile roof may be installed.

Roof replacements that require an engineering survey or engineered structural modifications are not permitted.

26. Room Additions: Room additions/expansions are permitted only in households with overcrowded conditions. An overcrowded household is defined as one having more than 1.5 persons per bedroom.

27. Seismic Retrofitting (mobile homes only): The repair, modification, replacement or installation of earthquake straps and/or other seismic retrofitting devices is permitted.

28. Smoke Detectors: Must be installed throughout the home as required under the Uniform Fire Code.

29. Structural Repairs/Modifications: Structural repairs/modifications are permitted to the extent that such repairs/modifications are needed to 1) correct existing structural deficiencies as defined by the Uniform Building Code; and 2) allow for improvements designed to provide accessibility to disabled persons.

30. Swimming pools and Spas: Swimming pools and spas are considered luxury items and cannot be repaired, but may be removed if they are unserviceable and a health hazard. The proper demolition permits must be obtained prior to the start of demolition. Area of the former swimming pool or spa will be filled and capped with top soil and sod. No other decorative landscaping will be included.

31. Wall Paper/Wall-Tile: The repair or replacement of damaged or torn wall paper and damaged or missing ceramic tiles is permitted. Where bathtub/shower wall tile is severely damaged or missing, homeowner may choose to replace the entire bathtub/shower area with a full fiberglass tub surround. Wall tile for tub/shower surround shall be tile of similar type and quality of the tile that is being replaced.

32. Water Heaters: Repair or replacement of deteriorated or inoperable water heaters including the repair or installation of enclosures, insulation blankets and earthquake strapping is permitted.

D. Ineligible Improvements
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Ineligible improvements include, without limitation, improvements that are 1) accessory uses including, but not limited to greenhouses, patio covers, barbecue pits and outdoor fireplaces, bathhouses, swimming pools, saunas and hot tubs, valances, cornice boards, drapes, blinds, and indoor or outdoor furnishings; 2) any improvements not approved by the City's Housing Coordinator or his/her designee.

V. ELIGIBLE/INELIGIBLE COSTS
A. Eligible Costs
Home Improvement Program proceeds may be used only for the following eligible expenses:

1. The actual reasonable costs of materials and services necessary to complete all rehabilitation work approved by the City's Housing Coordinator or his/her designee and as set forth in the Authorized Bid List;

2. Building permits and inspection and other related fees necessary for the completion of the approved rehabilitation work;

3. Costs of loan processing, including without limitation, credit reports, property appraisals, and if necessary, preliminary title reports and recording fees; and

4. Costs of temporary relocation in connection with the rehabilitation work if required by local, state and federal laws, regulations, and/or policy.

B. Ineligible Costs.

Specific costs not eligible for payment under the City of Fountain Valley Home Improvement Program include, but are not limited to the following:

1. Materials, fixtures, or equipment of a type or quality that exceeds that customarily used in properties of the same general use as the property to be rehabilitated;

2. Free-standing appliances other than stoves, unless the need is justified as determined by the City's Housing Coordinator;

3. Purchase, installation or repair of interior or exterior home furnishings;

4. Compensation/reimbursement of owner's personal labor;

5. Compensation/reimbursement for ineligible improvements or any work not included and authorized in the Authorized Bid List or subsequent approved change orders.
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VI. TERMS AND CONDITIONS OF PROGRAM ASSISTANCE
A. Maintenance/Occupancy Requirements
Assisted properties shall be maintained in compliance with all City of Fountain Valley Municipal Codes and ordinances. Assisted properties shall maintain occupancy not to exceed the maximum occupancy limits as established by the United States Department of Housing and Urban Development (HUD). Property owners shall not permit criminal activities to occur on the property or permit property improvements to suffer deterioration or decline, or maintain, cause to be maintained, or permit to be maintained any public or private nuisance on or about the property.

B. Hazard Insurance
Property owners receiving Program loan assistance shall maintain, throughout the term of the loan, an all-risk property insurance policy, including flood insurance if the property is located in a flood zone, insuring the property in an amount equal to the full replacement value of the structures on the property. The insurance policy or policies shall name the City of Fountain Valley as an additionally insured/loss payee.

C. Nondiscrimination
There shall be no discrimination against or segregation of any person or group of persons, on account or race, color, creed, religion, sex, marital status, national origin, or ancestry, in the selection of contractors or subcontractors to complete the rehabilitation work financed with Program assistance, or in the sale, leasing, transferring, use, occupancy, tenure, or enjoyment of assisted properties.

D. Compliance with Program Policies and Procedures
Throughout the applicable term of Program assistance, Program participants shall comply with all Program requirements and procedures as set forth in these Policies and Procedures, and as required by the Housing Coordinator, and as set forth in Grant Agreements and Loan Agreements and related attachments.

VII. PROGRAM AMENDMENT PROCEDURES
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Any and all amendments to the City of Fountain Valley Home Improvement Program Policy must be approved through the following process:

A. The proposed policy amendment must be presented to the City of Fountain Valley Housing and Community Development (HCD) Advisory Board for review and the forwarding of a recommendation to the City Council; and B. The City Council must consider and approve the proposed policy amendment. 181
APPENDIX A.

CITY OF FOUNTAIN VALLEY HOME IMPROVEMENT PROGRAM

MATERIALS AND LABOR COST ALLOWANCES
(As of 10/01107)
The following materials and labor cost allowances have been established to ensure that improvements made under the City of Fountain Valley's Home Improvement Program are efficient, appropriate and equitable. These allowances may be modified at the discretion of the City's Planning Director and/or Housing Coordinator as needed to adjust to changing market conditions.

1. Flooring Materials
a. Carpet: $40.00 per square yard including installation; b. Ceramic Tile: $8.50 per square foot including installation; c. Wood/Wood Laminate: $7.50 per square foot including installation; d. Vinyl Flooring: $40.00 per square yard including installation

2. Appliances
a. Water Heaters: $650.00 including installation;
b. Dishwashers: $550.00 including installation;
c. Countertop Ranges: $650.00 including installation;
d. Self-standing stoves with oven: $750.00 including installation; e. Single built-in oven: $900.00 including installation; f. Double built-in oven: $1,400.00 including installation; g. Garbage Disposals: $200.00 including installation.

3. Garage Doors
a. Garage doors: $700 double car; $500 single car
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CITY COUNCIL POLICY

INFILL GUIDELINES FOR RESIDENTIAL DEVELOPMENT
ISSUE:

INFILL GUIDELINES FOR RESIDENTIAL DEVELOPMENT
The following is a list of recommended standards for Infill Guidelines for Residential Development.

POLICY STATEMENT:

The applicant shall undertake an extensive citizen participation program with the surrounding neighborhood, as defined by Community Development Department Staff, prior to submission to the Planning Commission.

INFILL GUIDELINES – for development of four or more lots within the same subdivision.

1. Architectural Compatibility
A. Architectural design of a new housing structure shall be architecturally compatible with the surrounding neighborhood.

B. Variety of elevations and floor plans, including one and two story units.

C. Abutting units may not utilize the same exterior elevation.

D. Staggered front yard setbacks shall be incorporated into the design of the subdivisions so no abutting units have similar front yard setbacks. If a curved street condition exists, similar setbacks may be considered.

2. Lot Coverage Permitted
A. Total lot coverage for main structure including garage, patio and room addition shall not exceed 45% (forty-five percent) of the total lot area.

3. Two Story Units
B. When new two story units are constructed abutting existing single story units, the new units shall modify the window structure and location of the windows to ensure compatibility. Methods which may be considered include:

1. Location of window.

2. Spandel or opaque glass.
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3. Architectural relief of the rear of the unit.

4. Installation of mature landscaping to the rear of the lot.

C. The floor area of the second story shall not be larger and/or equal to the area of the ground floor.

4. Perimeter Block Wall – 6 ft. block for perimeter of tract.

A. Block wall(s) shall be a minimum of 6 ft. from highest grade elevation.

B. Existing non-masonry wall and/or fence (chain link or wooden) shall be removed and construct new 6 ft. solid masonry wall.

C. Fence detail shown on preliminary grading.

D. Type of material shall be either split-face or slump-stone block.

E. Lateral walls interior-solid masonry walls shall be provided on all side and rear property lines.

5. Driveway Approach and Recreational Vehicle Access

A. All driveway approaches shall be constructed of concrete.

B. All R-1 units shall incorporate a minimum side yard of 10 ft. on the garage side.

C. Garages with setbacks of a 20 feet or less shall utilize roll up doors for all doors, with an automatic garage door opener. Garages with setbacks greater than 20 feet may utilize swing-up garage doors.

D. In the event of a three (3) car garage is adjacent to a three (3) car garage, the developer shall submit landscape plans as part of the application package.
____________________________
City Clerk
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CITY COUNCIL POLICY

PUBLIC NOTIFICATION - PLANNING & LAND USE MATTERS
ISSUE:

PUBLIC NOTIFICATION - PLANNING & LAND USE MATTERS
Government Code 6509 et. seq. (Chapter 2.7 "Public Hearings") addresses public notification for public hearings related to land use matters. Section 65091 requires that notification for all public hearings -be given to various persons including all property owners as identified on the latest equalized assessment roll within 300 feet of the subject property and a local agency may give additional notice of the hearing in any manner it deems necessary or desirable. •
POLICY STATEMENT:

State law provides various minimum levels of notice that must be provided to the public prior to holding a hearing on a private development project or planning and zoning matter.

The City of Fountain Valley has historically provided notice that exceeds the minimum amounts required by State law. This Policy details the City’s standards for providing enhanced notice of such projects and matters.

REQUIRED NOTICE
Notwithstanding anything in this Policy to the contrary, the minimum amount of notice shall be that which is required by State law. Anything above the minimum notice required by State law is referred to herein as “enhancing noticing.” The enhanced noticing provisions of this Policy are directive, not mandatory. The failure to provide the enhanced notice discussed in this Policy shall not void or invalidate any City action, discussion, or decision.

ENHANCEMENTS TO STATE LAW NOTICING REQUIREMENTS
Whenever a public hearing is required to be noticed in accordance with Government Code Section 65091, the following shall apply:

1. When notice is to be mailed or delivered pursuant to 65091(a)(3), the 300-foot noticing distance shall be increased to 1000 feet. The 1000-foot noticing distance provided for by this Policy shall be measured from the exterior property lines of the real property that is the subject of the hearing.
a. Notification boundaries shall include lots on both sides of interior residential streets.
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b. All developed property not identified on the latest equalized assessor’s tax role but for which Certificate of Occupancies have been issued by the City should be notified and addressed as “Occupant.”

2. For a project that is located on real property that fronts an arterial street, the 1000- foot radius shall not include the width of the arterial street and shall begin on the opposite side of the street.

3. For a project that is located adjacent to freeway right-of-way, the 1000-foot radius shall not include the width of the freeway right-of-way and shall begin on the opposite side of the freeway right-of-way.

4. For a project that is located on property next to a mobile home park, notification via delivery or mail shall be provided to the occupants of each mobile home space that is located within the 1000 ft. radius in addition to the owner of the mobile home park.

5. For a project that is adjacent to a homeowners’ association, for which the names and addresses of officers of the homeowners’ association are on file with the City, all officers of said homeowners’ association shall be notified.

6. For a project that has regional significance, the Community Development Director shall provide notice to a significantly larger area as determined in his or her discretion.

7. For a project that is located within or adjacent to commercial or industrial centers, notice shall be provided to the property owner of the commercial or industrial center as well as to all commercial/industrial tenants located within the 1000-foot radius.

8. For a project that is within Mile Square Park, 1,000 foot radius shall be measured from the perimeter of the applicable lease area.

ENHANCED NOTICE OF ALL DEVELOPMENT PROJECTS
For any development project (public or private), notice of the project, along with a brief description of the project shall be provided as below:
• In the electronic Fountain Valley Newsletter, at least 10 calendar days prior to the City Council or Planning Commission meeting at which the project will be discussed or acted upon.
• On City social media sites, including Nextdoor, Twitter and Instagram. • In City Manager’s or Mayor’s update messages if applicable. • Summary of notices to be placed in City Council meeting agendas

ENHANCED NOTICE OF LARGER DEVELOPMENT PROJECTS
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For any development project (public or private) that is proposed to be 5 stories or more, or 60 feet in height or above (as measured from the ground adjacent to the project) (see FVMC 21.18.050), notice of any discussion or action before the City Council or Planning Commission shall be provided (as used herein, notice is considered provided on the day it is placed for pickup in the US Mail) at least 10 calendar days prior to the public meeting at which the project will be discussed or acted upon, as follows:

1. By advertisement on the Public Cable Television Authority; and

2. By posting the item on the City’s website; and

3. By postcard to all residential properties in the City.

This Policy supersedes the previous policy on Public Notification. ____________________________
City Clerk
(Date adopted: April 7, 2009.)
(Supersedes 03/21/1989.)
City Council Member
Patrick Harper’s
Policy Binder
City Council Member
Jim Cunneen’s
Policy Binder
City Council Member
Kim Constantine’s
Policy Binder
Vice Mayor
Ted Bui’s
Policy Binder
Mayor
Glenn Grandis’s
Policy Binder

E-bikes Friend or Foe

RECOMMENDATIONS
In accordance with California Penal Code Sections 933 and 933.05, the 2023-2024 Grand Jury requires responses from each agency affected by the recommendations presented in this section. The responses are to be submitted to the Presiding Judge of the Superior Court.

Based on its investigation described herein, the 2023-2024 Orange County Grand Jury makes the following recommendations:

R1. Each Orange County city should have specific policies that define the rules of the road for use of E-bikes in their communities by December 1, 2024.

R2. Each Orange County city should have a mechanism in place to report accidents, injuries and deaths involving E-bikes by December 1, 2024.

R3. Each Orange County city should research and develop outreach and education programs regarding the safe operation of E-bikes for their residents by December 1, 2024.

RESPONSES
California Penal Code Section 933 requires the governing body of any public agency which the Grand Jury has reviewed, and about which it has issued a final report, to comment to the Presiding Judge of the Superior Court on the findings and recommendations pertaining to matters under the control of the governing body. Such comment shall be made no later than 90 days after the Grand Jury publishes its report (filed with the Clerk of the Court). Additionally, in the case of a report containing findings and recommendations pertaining to a department or agency headed by an elected County official shall comment on the findings and recommendations pertaining to the matters under that elected official's control within 60 days to the Presiding Judge with an information copy sent to the Board of Supervisors.

Furthermore, California Penal Code Section 933.05 specifies the manner in which such comment(s) are to be made as follows:
(a) As to each Grand Jury finding, the responding person or entity shall indicate one of the following:
(1) The respondent agrees with the finding.
(2) The respondent disagrees wholly or partially with the finding, in which case the response shall specify the portion of the finding that is disputed and shall include an explanation of the reasons therefore. 2023-2024 Orange County Grand Jury Page 13

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Fountain Valley City CouncilSeptember 3, 2024

Fountain Valley City Council
September 3, 2024