Fountain Valley City Council
September 17, 2024

RESOLUTION NO. ________

A RESOLUTION OF THE CITY OF FOUNTAIN VALLEY

AUTHORIZING AND ACCEPTING THE STATE OF CALIFORNIA

OFFICE OF TRAFFIC SAFETY (OTS) SELECTIVE TRAFFIC

ENFORCEMENT PROGRAM (STEP) GRANT AND AMENDING
THE FY 2024-2025 BUDGET TO INCREASE APPROPRIATIONS
IN THE AMOUNT OF $80,000
WHEREAS, the City Council recognizes the enforcement of traffic laws and the education of the public in traffic safety are important components in maintaining safe streets and fulfilling the Police Department’s Traffic Plan; and WHEREAS, the City Council recognizes the acceptance of the Office of Traffic Safety grant money will allow the purchase of enforcement and equipment, which will assist the Police Department in the enforcement of traffic laws and in the education of the public in traffic safety; and
WHEREAS, the City Council recognizes the acceptance of this Office of Traffic Safety grant money will allow additional traffic enforcement programs that will complement the Police Department’s existing Traffic Plan.

NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Fountain Valley that the City Manager is authorized to accept the “Selective Traffic Enforcement Program” grant and enter into the resultant grant agreement, and any amendments, the Office of Traffic Safety (OTS) to fund equipment purchased, training and overtime costs to staff selective traffic enforcement, DUI checkpoints and DUI saturation patrols between October 1, 2024 and September 30, 2025, in the amount of $80,000. The Director of Finance, or his/her designee, shall amend the FY 2024-2025 budget and appropriate an expenditure to incorporate the changes into the FY 2024-2025 budget in the amount of $80,000.

PASSED AND ADOPTED by the City Council of the City of Fountain Valley at the regular adjourned meeting this 17th day of September 2024.

ATTEST:
_____________________ ____________________
Rick Miller, City Clerk Glenn Grandis, Mayor
APPROVED AS TO FORM:

HARPER & BURNS LLP
__________________________
Attorneys for the City

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State of California – Office of Traffic Safety

GRANT AGREEMENT

GRANT NUMBER
PT25163

1. GRANT TITLE
Selective Traffic Enforcement Program (STEP)

2. NAME OF AGENCY 3. Grant Period
Fountain Valley From:

To:
10/01/2024
09/30/2025 4. AGENCY UNIT TO ADMINISTER GRANT
Fountain Valley Police Department

5. GRANT DESCRIPTION
Best practice strategies will be conducted to reduce the number of persons killed and injured in crashes involving alcohol and other primary crash factors. The funded strategies may include impaired driving enforcement, enforcement operations focusing on primary crash factors, distracted driving, night-time seat belt enforcement, special enforcement operations encouraging motorcycle safety, enforcement and public awareness in areas with a high number of bicycle and pedestrian crashes, and educational programs. These strategies are designed to earn media attention thus enhancing the overall deterrent effect.

6. Federal Funds Allocated Under This Agreement Shall Not Exceed: $80,000.00

7. TERMS AND CONDITIONS: The parties agree to comply with the terms and conditions of the following which are by this reference made a part of the Agreement:
 Schedule A – Problem Statement, Goals and Objectives and Method of Procedure  Schedule B – Detailed Budget Estimate and Sub-Budget Estimate (if applicable)  Schedule B-1 – Budget Narrative and Sub-Budget Narrative (if applicable)  Exhibit A – Certifications and Assurances
 Exhibit B* – OTS Grant Program Manual
 Exhibit C – Grant Electronic Management System (GEMS) Access *Items shown with an asterisk (*), are hereby incorporated by reference and made a part of this agreement as if attached hereto.

These documents can be viewed at the OTS home web page under Grants: www.ots.ca.gov.

We, the officials named below, hereby swear under penalty of perjury under the laws of the State of California that we are duly authorized to legally bind the Grant recipient to the above described Grant terms and conditions.

IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.

8. Approval Signatures
A. GRANT DIRECTOR B. AUTHORIZING OFFICIAL
NAME:

TITLE:

EMAIL:

PHONE:

ADDRESS:

Brian Mosher
Traffic Sergeant
[email protected]
(714) 593-4481
10200 Slater Avenue
Fountain Valley, CA 92708
NAME:

TITLE:

EMAIL:

PHONE:

ADDRESS:

Maggie Le
City Manager
[email protected]
(714) 593-4410
10200 Slater Avenue
Fountain Valley, CA 92708
(Signature) (Date) (Signature) (Date)
C. FISCAL OFFICIAL D. AUTHORIZING OFFICIAL OF OFFICE OF TRAFFIC SAFETY NAME:

TITLE:

EMAIL:

PHONE:

ADDRESS:

Ryan Smith
Finance Director
[email protected]
(714) 593-4501
10200 Slater Avenue
Fountain Valley, CA 92708
NAME:

TITLE:

EMAIL:

PHONE:

ADDRESS:

Barbara Rooney
Director
[email protected]
(916) 509-3030
2208 Kausen Drive, Suite 300
Elk Grove, CA 95758
(Signature) (Date) (Signature) (Date)

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10. PROJECTED EXPENDITURES
FUND CFDA ITEM/APPROPRIATION F.Y. CHAPTER STATUTE PROJECTED

EXPENDITURES

AGREEMENT
TOTAL $80,000.00

AMOUNT ENCUMBERED BY THIS DOCUMENT
I CERTIFY upon my own personal knowledge that the budgeted funds for the current budget year are available for the period and purpose of the expenditure stated above.
$80,000.00

PRIOR AMOUNT ENCUMBERED FOR THIS

AGREEMENT
$ 0.00
OTS ACCOUNTING OFFICER’S SIGNATURE DATE SIGNED TOTAL AMOUNT ENCUMBERED TO DATE $80,000.00
E. ACCOUNTING OFFICER OF OFFICE OF TRAFFIC SAFETY 9. SAM INFORMATION NAME: Carolyn Vu SAM #:

REGISTERED
ADDRESS:

CITY:

ZIP+4:

E6HUBPTD4AZ1
10200 Slater Ave.

Fountain Valley
92708-4736
ADDRESS: 2208 Kausen Drive, Suite 300
Elk Grove, CA 95758

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State of California – Office of Traffic Safety

GRANT AGREEMENT
Schedule A

GRANT NUMBER
PT25163

1. PROBLEM STATEMENT
The City of Fountain Valley is located in Orange County, California, just north of Huntington Beach, Costa Mesa, and Newport Beach, and just south of Santa Ana and Anaheim. Fountain Valley is home to a population of 56.8k people. With a population density of 6,298.70 people per square mile, Fountain Valley is a bustling urban center where diversity and dynamism intersect. Given that the geographical size of Fountain Valley is roughly 10 square miles, mostly comprised of several major, arterial highways and many ingress/egress ramps to the 405 freeway, the fatal and injury rate of crashes is alarming.

According to the Office of Traffic Safety statistics for the year 2021, the City of Fountain Valley was identified as part of group C based on population size. The group was made up of 105 cities, of which Fountain Valley ranked 6th with respect to crashes involving fatalities and injuries, when compared to other cities throughout the state within the same group. This indicates drivers within the City of Fountain Valley are more likely to be involved in a traffic crash resulting in injury or death, greater than 99 other cities of comparable size.

The City of Fountain Valley also ranked high regarding speed related crashes, bicycle involved crashes, pedestrian crashes, and DUI related crashes. Of concern, Fountain Valley ranked 14 out of 105 regarding bicyclists over 15 years old who were injured or killed in traffic crashes and 28 out of 105 with regards to pedestrian crashes. Since 2021, until now, the City of Fountain Valley has experienced 14 crashes resulting in 14 fatalities. At least 5 crashes involved pedestrians who were killed and 5 fatal bicyclist crashes. In 3 of those crashes, at least one party that was tested was found to be under the influence of alcohol, drugs, or a combination of mind-altering substances. Upon examining primary crash factors of these 14 crashes, RightOf-Way violations were the most common as the primary factor in 7 crashes (CVC 21801(a), 21804(a), 21954(a), 21950(a), 22103).

Speed was a primary factor in 3 crashes and mentioned as a contributing factor in at least 2 other crashes.

Finally, red light violations (CVC 21453(a)) were listed as primary crash factors in at least 1 of these crashes. Aside from fatal traffic crashes, an approximate 1,224 people have been injured in traffic crashes in the City of Fountain Valley since 2021.The Fountain Valley Police Department aims to mitigate the crash rate while simultaneously increasing the overall highway safety of the roads in Fountain Valley by targeting the population of individuals driving upon the Fountain Valley roadways. The City of Fountain Valley is not funded to provide traffic enforcement operations on an overtime basis to address our traffic problem. The City of Fountain Valley continues to rank high among cities within its population group for injury traffic crashes and alcohol-involved injury traffic crashes. FVPD continually strives to maintain staffing levels which affects productivity in traffic enforcement.

2. PERFORMANCE MEASURES
A. Goals:

1. Reduce the number of persons killed in traffic crashes.

2. Reduce the number of persons injured in traffic crashes.

3. Reduce the number of pedestrians killed in traffic crashes.

4. Reduce the number of pedestrians injured in traffic crashes.

5. Reduce the number of bicyclists killed in traffic crashes.

6. Reduce the number of bicyclists injured in traffic crashes.

7. Reduce the number of persons killed in alcohol-involved crashes.

8. Reduce the number of persons injured in alcohol-involved crashes.

9. Reduce the number of persons killed in drug-involved crashes.

10. Reduce the number of persons injured in drug-involved crashes.

11. Reduce the number of persons killed in alcohol/drug combo-involved crashes.

12. Reduce the number of persons injured in alcohol/drug combo-involved crashes.

13. Reduce the number of motorcyclists killed in traffic crashes.

14. Reduce the number of motorcyclists injured in traffic crashes.

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15. Reduce hit & run fatal crashes.

16. Reduce hit & run injury crashes.

17. Reduce nighttime (2100 - 0259 hours) fatal crashes.

18. Reduce nighttime (2100 - 0259 hours) injury crashes.

B. Objectives: Target Number

1. Issue a press release announcing the kick-off of the grant by November 15. The kick-off press releases and media advisories, alerts, and materials must be emailed to the OTS Public Information Officer at [email protected], and copied to your OTS Coordinator, for approval 7 days prior to the issuance date of the release.
1 2. Participate and report data (as required) in the following campaigns; Quarter 1:

National Pedestrian Safety Month, National Walk to School Day, National Teen Driver Safety Week, NHTSA Winter Mobilization; Quarter 3: National Distracted Driving Awareness Month, National Motorcycle Safety Month, National Bicycle Safety Month, National Click it or Ticket Mobilization; Quarter 4: National Speed Prevention Campaigns, NHTSA Summer Mobilization, National Child Passenger Safety Week, and California's Pedestrian Safety Month.
12 3. Develop (by December 31) and/or maintain a “DUI BOLO” program to notify patrol and traffic officers to be on the lookout for identified repeat DUI offenders with a suspended or revoked license as a result of DUI convictions. Updated DUI BOLOs should be distributed to patrol and traffic officers monthly. 12 4. Send law enforcement personnel to the NHTSA Standardized Field Sobriety Testing (SFST) (minimum 16 hours) POST-certified training. 4 5. Send law enforcement personnel to the NHTSA Advanced Roadside Impaired Driving Enforcement (ARIDE) 16 hour POST-certified training. 4 6. Send law enforcement personnel to the Drug Recognition Expert (DRE) training (classroom and field training must be completed).
2 7. Send law enforcement personnel to the DRE Recertification training. 3

8. Conduct DUI/DL Checkpoints. A minimum of 1 checkpoint should be conducted during the NHTSA Winter Mobilization and 1 during the Summer Mobilization. To enhance the overall deterrent effect and promote high visibility, it is recommended the grantee issue an advance press release and conduct social media activity for each checkpoint. For combination DUI/DL checkpoints, departments should issue press releases that mention DL's will be checked at the DUI/DL checkpoint. Signs for DUI/DL checkpoints should read "DUI/Driver's License Checkpoint Ahead." OTS does not fund or support independent DL checkpoints. Only on an exception basis and with OTS pre-approval will OTS fund checkpoints that begin prior to 1800 hours. When possible, DUI/DL Checkpoint screeners should be DRE- or ARIDE-trained.
2 9. Conduct DUI Saturation Patrol operation(s). 24

10. Conduct Traffic Enforcement operation(s), including but not limited to, primary crash factor violations.
10 11. Conduct highly publicized Distracted Driving enforcement operation(s) targeting drivers using hand held cell phones and texting.
3 12. Conduct highly publicized Motorcycle Safety enforcement operation(s) in areas or during events with a high number of motorcycle incidents or crashes resulting from unsafe speed, DUI, following too closely, unsafe lane changes, improper turning, and other primary crash factor violations by motorcyclists and other drivers. 2 13. Conduct highly publicized pedestrian and/or bicycle enforcement operation(s) in areas or during events with a high number of pedestrian and/or bicycle crashes resulting from violations made by pedestrians, bicyclists, and drivers. 2 14. Conduct Traffic Safety educational presentation(s) with an effort to reach community members. Note: Presentation(s) may include topics such as distracted driving, DUI, speed, bicycle and pedestrian safety, seat belts and child passenger safety.
2 15. Participate in highly visible collaborative DUI Enforcement operations. 4

16. Participate in highly visible collaborative Traffic Enforcement operations. 4

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17. Send law enforcement personnel to DUI Checkpoint Planning and Management training.
1 18. Send law enforcement personnel to a POST certified implicit bias training, such as; Implicit Bias and Community Policing, Principles Policing, or Beyond Bias.

3. METHOD OF PROCEDURE
A. Phase 1 – Program Preparation (1st Quarter of Grant Year)  The department will develop operational plans to implement the “best practice” strategies outlined in the objectives section.
 All training needed to implement the program should be conducted in the first quarter.  All grant related purchases needed to implement the program should be made in the first quarter.  In order to develop/maintain the “DUI BOLOs,” research will be conducted to identify the “worst of the worst” repeat DUI offenders with a suspended or revoked license as a result of DUI convictions. The DUI BOLO may include the driver’s name, last known address, DOB, description, current license status, and the number of times suspended or revoked for DUI. DUI BOLOs should be updated and distributed to traffic and patrol officers at least monthly.  Implementation of the STEP grant activities will be accomplished by deploying personnel at high crash locations.

Media Requirements:

Issue a press release approved by the OTS PIO announcing the kick-off of the grant by November 15, but no sooner than October 1. The kick-off release must be approved by the OTS PIO and only distributed after the grant is fully signed and executed. If you are unable to meet the November 15 deadline to issue a kick-off press release, communicate reasons to your OTS grant coordinator and OTS PIO.

B. Phase 2 – Program Operations (Throughout Grant Year)  The department will work to create media opportunities throughout the grant period to call attention to the innovative program strategies and outcomes.

Media Requirements
The following requirements are for all grant-related activities:
 Send all media advisories, alerts, videos, graphics, artwork, posters, radio/PSA/video scripts, storyboards, digital and/or print educational materials for grant-related activities to the OTS PIO at [email protected] for approval and copy your OTS grant coordinator. Optimum lead time would be 7 days before the scheduled release but at least 3 business days prior to the scheduled release date for review and approval is appreciated.
 Send all Powerpoint presentations, online presentations and trainings for grant-related activities to the OTS PIO at [email protected] for approval and copy your OTS grant coordinator. Certified training courses are EXEMPT from the approval process.
 The OTS PIO is responsible for the approval of the design and content of materials. The agency understands OTS PIO approval is not authorizing approval of budget expenditure or cost. Any cost approvals must come from the OTS grant coordinator.  Pre-approval is not required when using any OTS-supplied template for media advisories, press releases, social media graphics, videos or posts, or any other OTS-supplied educational material.

However, copy the OTS PIO at [email protected] and your OTS grant coordinator when any material is distributed to the media and public, such as a press release, educational material, or link to social media post. The OTS-supplied kick-off press release templates and any kickoff press releases are an exception to this policy and require prior approval before distribution to the media and public.
 If an OTS-supplied template, educational material, social media graphic, post or video is substantially changed, the changes shall be sent to the OTS PIO at [email protected] for approval and copy to your OTS grant coordinator. Optimum lead time would be 7 days prior to the scheduled release date, but at least 3 business days prior to the scheduled release date for review and approval is appreciated.
 Press releases, social media posts and alerts on platforms such as NextDoor and Nixle reporting immediate and time-sensitive grant activities (e.g. enforcement operations, day of event highlights or announcements, event invites) are exempt from the OTS PIO approval process. The

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OTS PIO and your OTS grant coordinator should still be notified when the grant-related activity is happening (e.g. car seat checks, bicycle rodeos, community presentations, DUI checkpoints, etc.).
 Enforcement activities such as warrant and probation sweeps, court stings, etc. that are embargoed or could impact operations by publicizing in advance are exempt from the PIO approval process. However, announcements and results of activities should still be copied to the OTS PIO at [email protected] and your OTS grant coordinator with embargoed date and time or with “INTERNAL ONLY: DO NOT RELEASE” message in subject line of email.  Any earned or paid media campaigns for TV, radio, digital or social media that are part of a specific grant objective, using OTS grant funds, or designed and developed using contractual services by a subgrantee, requires prior approval. Please send to the OTS PIO at [email protected] for approval and copy your grant coordinator at least 3 business days prior to the scheduled release date.
 Social media posts highlighting state or national traffic safety campaigns (Distracted Driving Month, Motorcycle Safety Awareness Month, etc.), enforcement operations (DUI checkpoints, etc.), or any other grant-related activity such as Bicycle rodeos, presentations, or events, are highly encouraged but do not require prior approval.
 Submit a draft or rough-cut of all digital, printed, recorded or video material (brochures, posters, scripts, artwork, trailer graphics, digital graphics, social posts connected to an earned or paid media campaign grant objective) to the OTS PIO at [email protected] and copy your OTS grant coordinator for approval prior to the production or duplication.  Use the following standard language in all press, media, and printed materials, space permitting:

Funding for this program was provided by a grant from the California Office of Traffic Safety, through the National Highway Traffic Safety Administration.  Space permitting, include the OTS logo on all grant-funded print materials, graphics and paid or earned social media campaign grant objective; consult your OTS grant coordinator for specifics, format-appropriate logos, or if space does not permit the use of the OTS logo.  Email the OTS PIO at [email protected] and copy your OTS grant coordinator at least 21 days in advance, or when first confirmed, a short description of any significant grant-related traffic safety event or program, particularly events that are highly publicized beforehand with anticipated media coverage so OTS has sufficient notice to arrange for attendance and/or participation in the event.

If unable to attend, email the OTS PIO and coordinator brief highlights and/or results, including any media coverage (broadcast, digital, print) of event within 7 days following significant grantrelated event or program. Media and program highlights are to be reflected in QPRs.  Any press releases, work plans, scripts, storyboards, artwork, graphics, videos or any educational or informational materials that received OTS PIO approval in a prior grant year needs to be resubmitted for approval in the current grant year.  For additional guidance, refer to the OTS Grants Materials Approval Process Guidelines and OTS Grants Media Approval Process FAQs on the OTS website.  Contact the OTS PIO or your OTS grant coordinator for consultation when changes from any of the above requirements might be warranted.

C. Phase 3 – Data Collection & Reporting (Throughout Grant Year)

1. Prepare and submit grant claim invoices (due January 30, April 30, July 30, and October 30)

2. Prepare and submit Quarterly Performance Reports (QPR) (due January 30, April 30, July 30, and October 30)
 Collect and report quarterly, appropriate data that supports the progress of goals and objectives.  Provide a brief list of activity conducted, procurement of grant-funded items, and significant media activities. Include status of grant-funded personnel, status of contracts, challenges, or special accomplishments.
 Provide a brief summary of quarterly accomplishments and explanations for objectives not completed or plans for upcoming activities.
 Collect, analyze and report statistical data relating to the grant goals and objectives.

4. METHOD OF EVALUATION
Using the data compiled during the grant, the Grant Director will complete the “Final Evaluation” section in the fourth/final Quarterly Performance Report (QPR). The Final Evaluation should provide a brief summary

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of the grant’s accomplishments, challenges and significant activities. This narrative should also include whether goals and objectives were met, exceeded, or an explanation of why objectives were not completed.

5. ADMINISTRATIVE SUPPORT
This program has full administrative support, and every effort will be made to continue the grant activities after grant conclusion.

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State of California – Office of Traffic Safety

GRANT AGREEMENT
Schedule B

GRANT NUMBER
PT25163

FUND NUMBER CATALOG

NUMBER (CFDA)

FUND DESCRIPTION TOTAL AMOUNT
164AL-25 20.608 Minimum Penalties for Repeat
Offenders for Driving While
Intoxicated
$55,000.00
402PT-25 20.600 State and Community Highway
Safety
$25,000.00

COST CATEGORY FUND
NUMBER

UNIT COST OR
RATE

UNITS TOTAL COST TO
GRANT
A. PERSONNEL COSTS
Straight Time
$0.00
Overtime
DUI/DL Checkpoints 164AL-25 $11,200.00 2 $22,400.00
DUI Saturation Patrols 164AL-25 $1,000.00 24 $24,000.00 Collaborative DUI Enforcement 164AL-25 $1,000.00 4 $4,000.00 Traffic Enforcement 402PT-25 $1,000.00 10 $10,000.00
Distracted Driving 402PT-25 $1,000.00 3 $3,000.00
Motorcycle Safety 402PT-25 $1,000.00 2 $2,000.00
Pedestrian and Bicycle Enforcement 402PT-25 $1,000.00 2 $2,000.00 Collaborative Traffic Enforcement 402PT-25 $1,000.00 4 $4,000.00 Traffic Safety Education 402PT-25 $562.00 2 $1,124.00
Category Sub-Total $72,524.00
B. TRAVEL EXPENSES
In State Travel 402PT-25 $2,876.00 1 $2,876.00
$0.00
Category Sub-Total $2,876.00
C. CONTRACTUAL SERVICES
$0.00
Category Sub-Total $0.00
D. EQUIPMENT
$0.00
Category Sub-Total $0.00
E. OTHER DIRECT COSTS
DUI Checkpoint Supplies 164AL-25 $4,600.00 1 $4,600.00
Category Sub-Total $4,600.00
F. INDIRECT COSTS
$0.00
Category Sub-Total $0.00
GRANT TOTAL $80,000.00

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State of California – Office of Traffic Safety

GRANT AGREEMENT
Schedule B-1

GRANT NUMBER
PT25163

BUDGET NARRATIVE

PERSONNEL COSTS
DUI/DL Checkpoints - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

DUI Saturation Patrols - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

Collaborative DUI Enforcement - Overtime for grant funded Collaborative DUI Enforcement operations conducted by appropriate department personnel
Traffic Enforcement - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

Distracted Driving - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

Motorcycle Safety - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

Pedestrian and Bicycle Enforcement - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

Collaborative Traffic Enforcement - Overtime for grant funded Collaborative Traffic Enforcement operations conducted by appropriate department personnel.

Traffic Safety Education - Overtime for grant funded traffic safety presentations or campaigns conducted by appropriate department personnel.

TRAVEL EXPENSES
In State Travel - In State Travel - Costs are included for appropriate staff to attend conferences and training events supporting the grant goals and objectives and/or traffic safety. Local mileage for grant activities and meetings is included. Anticipated travel may include Lifesavers in Long Beach and the OTS Traffic Safety Law Enforcement Forum. All conferences, seminars or training not specifically identified in the Budget Narrative must be approved by OTS. All travel claimed must be at the agency approved rate. Per Diem may not be claimed for meals provided at conferences when registration fees are paid with OTS grant funds.

CONTRACTUAL SERVICES
-

EQUIPMENT
-

OTHER DIRECT COSTS
DUI Checkpoint Supplies - On-scene supplies needed to conduct sobriety checkpoints. Costs may include 28" traffic cones, MUTCD compliant traffic signs, MUTCD compliant high visibility vests (maximum of 10), traffic counters (maximum of 2), generator, gas for generators, lighting, reflective banners, electronic flares, PAS Device/Calibration Supplies, heater, propane for heaters, fan, anti-fatigue mats, and canopies.

Additional items may be purchased if approved by OTS. The cost of food and beverages will not be reimbursed. Each item must have a unit cost of less than $5,000 (including tax and shipping).

INDIRECT COSTS
-

STATEMENTS/DISCLAIMERS
There will be no program income generated from this grant.

Nothing in this “agreement” shall be interpreted as a requirement, formal or informal, that a particular law enforcement officer issue a specified or predetermined number of citations in pursuance of the goals and objectives here under.

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State of California – Office of Traffic Safety

GRANT AGREEMENT
Exhibit A

GRANT NUMBER
PT25163
Certifications and Assurances for Fiscal Year 2024 Highway Safety Grants (23 U.S.C. Chapter 4 or Section 1906, Public Law 109-59, as amended by Section 25024, Public Law 117-58) The officials named on the grant agreement, certify by way of signature on the grant agreement signature page, that the Grantee Agency complies with all applicable Federal statutes, regulations, and directives and State rules, guidelines, policies, and laws in effect with respect to the periods for which it receives grant funding. Applicable provisions include, but are not limited to, the following:

GENERAL REQUIREMENTS
The State will comply with applicable statutes and regulations, including but not limited to:
 23 U.S.C. Chapter 4—Highway Safety Act of 1966, as amended;  Sec. 1906, Public Law 109-59, as amended by Sec. 25024, Public Law 117-58;  23 CFR part 1300—Uniform Procedures for State Highway Safety Grant Programs;  2 CFR part 200—Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards;
 2 CFR part 1201—Department of Transportation, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.

NONDISCRIMINATION
(applies to all subrecipients as well as States)
The State highway safety agency [and its subrecipients] will comply with all Federal statutes and implementing regulations relating to nondiscrimination (“Federal Nondiscrimination Authorities”). These include but are not limited to:
 Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin);
 49 CFR part 21 (entitled Non-discrimination in Federally-Assisted Programs of the Department of Transportation—Effectuation of Title VI of the Civil Rights Act of 1964);  28 CFR 50.3 (U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964);  The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects);
 Federal-Aid Highway Act of 1973, (23 U.S.C. 324 et seq.), and Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681-1683 and 1685-1686) (prohibit discrimination on the basis of sex);  Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 et seq.), as amended, (prohibits discrimination on the basis of disability) and 49 CFR part 27;  The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et seq.), (prohibits discrimination on the basis of age);
 The Civil Rights Restoration Act of 1987, (Pub. L. 100-209), (broadens scope, coverage, and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal aid recipients, subrecipients and contractors, whether such programs or activities are Federallyfunded or not);  Titles II and III of the Americans with Disabilities Act (42 U.S.C. 12131-12189) (prohibits discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing) and 49 CFR parts 37 and 38;  Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and LowIncome Populations (preventing discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations);
 Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency (requiring that recipients of Federal financial assistance provide meaningful access for applicants and beneficiaries who have limited English proficiency (LEP));
 Executive Order 13985, Advancing Racial Equity and Support for Underserved Communities through the Federal Government (advancing equity across the Federal Government); and  Executive Order 13988, Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation (clarifying that sex discrimination includes discrimination on the grounds of gender identity or sexual orientation).

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The preceding statutory and regulatory cites hereinafter are referred to as the “Acts” and “Regulations,” respectively.

GENERAL ASSURANCES
In accordance with the Acts, the Regulations, and other pertinent directives, circulars, policy, memoranda, and/or guidance, the Recipient hereby gives assurance that it will promptly take any measures necessary to ensure that:
“No person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity, for which the Recipient receives Federal financial assistance from DOT, including NHTSA.” The Civil Rights Restoration Act of 1987 clarified the original intent of Congress, with respect to Title VI of the Civil Rights Act of 1964 and other non-discrimination requirements (the Age Discrimination Act of 1975, and Section 504 of the Rehabilitation Act of 1973), by restoring the broad, institutional-wide scope and coverage of these nondiscrimination statutes and requirements to include all programs and activities of the Recipient, so long as any portion of the program is Federally assisted.

SPECIFIC ASSURANCES
More specifically, and without limiting the above general Assurance, the Recipient agrees with and gives the following Assurances with respect to its Federally assisted Highway Safety Grant Program:

1. The Recipient agrees that each “activity,” “facility,” or “program,” as defined in 49 CFR part 21 will be (with regard to an “activity”) facilitated, or will be (with regard to a “facility”) operated, or will be (with regard to a “program”) conducted in compliance with all requirements imposed by, or pursuant to the Acts and the Regulations.

2. The Recipient will insert the following notification in all solicitations for bids, Requests For Proposals for work, or material subject to the Acts and the Regulations made in connection with all Highway Safety Grant Programs and, in adapted form, in all proposals for negotiated agreements regardless of funding source:
“The [name of Recipient], in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.”

3. The Recipient will insert the clauses of appendix A and E of this Assurance (also referred in every contract or agreement subject to the Acts and the Regulations.

4. The Recipient will insert the clauses of appendix B of DOT Order 1050.2A, as a covenant running with the land, in any deed from the United States effecting or recording a transfer of real property, structures, use, or improvements thereon or interest therein to a Recipient.

5. That where the Recipient receives Federal financial assistance to construct a facility, or part of a facility, the Assurance will extend to the entire facility and facilities operated in connection therewith.

6. That where the Recipient receives Federal financial assistance in the form of, or for the acquisition of, real property or an interest in real property, the Assurance will extend to rights to space on, over, or under such property.

7. That the Recipient will include the clauses set forth in appendix C and appendix D of this DOT Order 1050.2A, as a covenant running with the land, in any future deeds, leases, licenses, permits, or similar instruments entered into by the Recipient with other parties:
a. for the subsequent transfer of real property acquired or improved under the applicable activity, project, or program; and
b. for the construction or use of, or access to, space on, over, or under real property acquired or improved under the applicable activity, project, or program.

8. That this Assurance obligates the Recipient for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the form of, personal property, or real property, or interest therein, or structures or improvements thereon, in which case the Assurance obligates the Recipient, or any transferee for the longer of the following periods:
a. the period during which the property is used for a purpose for which the Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; or b. the period during which the Recipient retains ownership or possession of the property.

9. The Recipient will provide for such methods of administration for the program as are found by the Secretary of Transportation or the official to whom he/she delegates specific authority to give reasonable guarantee that it, other recipients, sub-recipients, sub- grantees, contractors, subcontractors, consultants, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the Acts, the Regulations, and this Assurance.

10. The Recipient agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the Acts, the Regulations, and this Assurance.

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By signing this ASSURANCE, the State highway safety agency also agrees to comply (and require any sub-recipients, sub-grantees, contractors, successors, transferees, and/or assignees to comply) with all applicable provisions governing NHTSA's access to records, accounts, documents, information, facilities, and staff. You also recognize that you must comply with any program or compliance reviews, and/or complaint investigations conducted by NHTSA. You must keep records, reports, and submit the material for review upon request to NHTSA, or its designee in a timely, complete, and accurate way. Additionally, you must comply with all other reporting, data collection, and evaluation requirements, as prescribed by law or detailed in program guidance.

The State highway safety agency gives this ASSURANCE in consideration of and for obtaining any Federal grants, loans, contracts, agreements, property, and/or discounts, or other Federal-aid and Federal financial assistance extended after the date hereof to the recipients by the U.S. Department of Transportation under the Highway Safety Grant Program. This ASSURANCE is binding on the State highway safety agency, other recipients, sub-recipients, sub-grantees, contractors, subcontractors and their subcontractors', transferees, successors in interest, and any other participants in the Highway Safety Grant Program. The person(s) signing below is/are authorized to sign this ASSURANCE on behalf of the Recipient.

THE DRUG-FREE WORKPLACE ACT OF 1988 (41 U.S.C. 8103)
The Subgrantee will provide a drug-free workplace by:
a. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the grantee's workplace, and specifying the actions that will be taken against employees for violation of such prohibition; b. Establishing a drug-free awareness program to inform employees about:

1. The dangers of drug abuse in the workplace;

2. The grantee's policy of maintaining a drug-free workplace;

3. Any available drug counseling, rehabilitation, and employee assistance programs;

4. The penalties that may be imposed upon employees for drug violations occurring in the workplace;

5. Making it a requirement that each employee engaged in the performance of the grant be given a copy of the statement required by paragraph (a);
c. Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will—

1. Abide by the terms of the statement;

2. Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction; d. Notifying the agency within ten days after receiving notice under subparagraph (c)(2) from an employee or otherwise receiving actual notice of such conviction;
e. Taking one of the following actions, within 30 days of receiving notice under subparagraph (c)(2), with respect to any employee who is so convicted—

1. Taking appropriate personnel action against such an employee, up to and including termination;

2. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency;
f. Making a good faith effort to continue to maintain a drug-free workplace through implementation of all of the paragraphs above.

POLITICAL ACTIVITY (HATCH ACT)
(applies to all subrecipients as well as States)
The State will comply with provisions of the Hatch Act (5 U.S.C. 1501-1508), which limits the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds.

CERTIFICATION REGARDING FEDERAL LOBBYING
(applies to all subrecipients as well as States)

CERTIFICATION FOR CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS The undersigned certifies, to the best of his or her knowledge and belief, that:

1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement;

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2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions;

3. The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, subgrants, and contracts under grant, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

RESTRICTION ON STATE LOBBYING
(applies to subrecipients as well as States)
None of the funds under this program will be used for any activity specifically designed to urge or influence a State or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any State or local legislative body. Such activities include both direct and indirect (e.g., “grassroots”) lobbying activities, with one exception. This does not preclude a State official whose salary is supported with NHTSA funds from engaging in direct communications with State or local legislative officials, in accordance with customary State practice, even if such communications urge legislative officials to favor or oppose the adoption of a specific pending legislative proposal.

CERTIFICATION REGARDING DEBARMENT AND SUSPENSION
(applies to all subrecipients as well as States)

INSTRUCTIONS FOR PRIMARY TIER PARTICIPANT CERTIFICATION (STATES)

1. By signing and submitting this proposal, the prospective primary tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200.

2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective primary tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary tier participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction.

3. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default or may pursue suspension or debarment.

4. The prospective primary tier participant shall provide immediate written notice to the department or agency to which this proposal is submitted if at any time the prospective primary tier participant learns its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

5. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations.

6. The prospective primary tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction.

7. The prospective primary tier participant further agrees by submitting this proposal that it will include the clause titled “Instructions for Lower Tier Participant Certification” including the “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transaction,” provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200.

8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or

8/5/2024 11:59:35 AM Page 14 of 16
otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website
(https://www.sam.gov/).

9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate the transaction for cause or default.

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS—

PRIMARY TIER COVERED TRANSACTIONS

1. The prospective primary tier participant certifies to the best of its knowledge and belief, that it and its principals:
a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency; b. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;
c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and
d. Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default.

2. Where the prospective primary tier participant is unable to certify to any of the Statements in this certification, such prospective participant shall attach an explanation to this proposal.

INSTRUCTIONS FOR LOWER TIER PARTICIPANT CERTIFICATION

1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200.

2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment.

3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

4. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those regulations.

5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated.

6. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause titled “Instructions for Lower Tier Participant Certification” including the “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transaction,” without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200.

7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or

8/5/2024 11:59:35 AM Page 15 of 16
otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website
( https://www.sam.gov/).

8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment.

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION—

LOWER TIER COVERED TRANSACTIONS

1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency.

2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.

BUY AMERICA
(applies to subrecipients as well as States)
The State and each subrecipient will comply with the Buy America requirement (23 U.S.C. 313) when purchasing items using Federal funds. Buy America requires a State, or subrecipient, to purchase with Federal funds only steel, iron and manufactured products produced in the United States, unless the Secretary of Transportation determines that such domestically produced items would be inconsistent with the public interest, that such materials are not reasonably available and of a satisfactory quality, or that inclusion of domestic materials will increase the cost of the overall project contract by more than 25 percent. In order to use Federal funds to purchase foreign produced items, the State must submit a waiver request that provides an adequate basis and justification for approval by the Secretary of Transportation.

CERTIFICATION ON CONFLICT OF INTEREST
(applies to subrecipients as well as States)

GENERAL REQUIREMENTS
No employee, officer, or agent of a State or its subrecipient who is authorized in an official capacity to negotiate, make, accept, or approve, or to take part in negotiating, making, accepting, or approving any subaward, including contracts or subcontracts, in connection with this grant shall have, directly or indirectly, any financial or personal interest in any such subaward. Such a financial or personal interest would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or personal interest in or a tangible personal benefit from an entity considered for a subaward. Based on this policy:

1. The recipient shall maintain a written code or standards of conduct that provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents. a. The code or standards shall provide that the recipient's officers, employees, or agents may neither solicit nor accept gratuities, favors, or anything of monetary value from present or potential subawardees, including contractors or parties to subcontracts. b. The code or standards shall establish penalties, sanctions, or other disciplinary actions for violations, as permitted by State or local law or regulations.

2. The recipient shall maintain responsibility to enforce the requirements of the written code or standards of conduct.

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DISCLOSURE REQUIREMENTS
No State or its subrecipient, including its officers, employees, or agents, shall perform or continue to perform under a grant or cooperative agreement, whose objectivity may be impaired because of any related past, present, or currently planned interest, financial or otherwise, in organizations regulated by NHTSA or in organizations whose interests may be substantially affected by NHTSA activities. Based on this policy:

1. The recipient shall disclose any conflict of interest identified as soon as reasonably possible, making an immediate and full disclosure in writing to NHTSA. The disclosure shall include a description of the action which the recipient has taken or proposes to take to avoid or mitigate such conflict.

2. NHTSA will review the disclosure and may require additional relevant information from the recipient. If a conflict of interest is found to exist, NHTSA may (a) terminate the award, or (b) determine that it is otherwise in the best interest of NHTSA to continue the award and include appropriate provisions to mitigate or avoid such conflict.

3. Conflicts of interest that require disclosure include all past, present, or currently planned organizational, financial, contractual, or other interest(s) with an organization regulated by NHTSA or with an organization whose interests may be substantially affected by NHTSA activities, and which are related to this award. The interest(s) that require disclosure include those of any recipient, affiliate, proposed consultant, proposed subcontractor, and key personnel of any of the above. Past interest shall be limited to within one year of the date of award. Key personnel shall include any person owning more than a 20 percent interest in a recipient, and the officers, employees or agents of a recipient who are responsible for making a decision or taking an action under an award where the decision or action can have an economic or other impact on the interests of a regulated or affected organization.

PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE (applies to all subrecipients as well as States)
The State and each subrecipient will not use 23 U.S.C. Chapter 4 grant funds for programs to check helmet usage or to create checkpoints that specifically target motorcyclists.

POLICY ON SEAT BELT USE
In accordance with Executive Order 13043, Increasing Seat Belt Use in the United States, dated April 16, 1997, the Grantee is encouraged to adopt and enforce on-the-job seat belt use policies and programs for its employees when operating company-owned, rented, or personally-owned vehicles. The National Highway Traffic Safety Administration (NHTSA) is responsible for providing leadership and guidance in support of this Presidential initiative. For information and resources on traffic safety programs and policies for employers, please contact the Network of Employers for Traffic Safety (NETS), a public-private partnership dedicated to improving the traffic safety practices of employers and employees. You can download information on seat belt programs, costs of motor vehicle crashes to employers, and other traffic safety initiatives at www.trafficsafety.org. The NHTSA website (www.nhtsa.gov) also provides information on statistics, campaigns, and program evaluations and references.

POLICY ON BANNING TEXT MESSAGING WHILE DRIVING
In accordance with Executive Order 13513, Federal Leadership On Reducing Text Messaging While Driving, and DOT Order 3902.10, Text Messaging While Driving, States are encouraged to adopt and enforce workplace safety policies to decrease crashes caused by distracted driving, including policies to ban text messaging while driving companyowned or rented vehicles, Government-owned, leased or rented vehicles, or privately-owned vehicles when on official Government business or when performing any work on or behalf of the Government. States are also encouraged to conduct workplace safety initiatives in a manner commensurate with the size of the business, such as establishment of new rules and programs or re-evaluation of existing programs to prohibit text messaging while driving, and education, awareness, and other outreach to employees about the safety risks associated with texting while driving.

CITY OF FOUNTAIN VALLEY

CITY COUNCIL

COUNCIL ACTION REQUEST
To: Honorable Mayor and Agenda Date: September 17, 2024 Members of the City Council
SUBJECT: Approval of Amendment No. 1 to the Agreement with Liebert Cassidy Whitmore (LCW) for Specialized Legal Services Relating to Labor Negotiations and Personnel Matters
Three-Year Strategic Goals
☐ Enhance the culture and environment of “A Nice Place to Live” ☐ Achieve fiscal stability by evaluating processes, and attract and retain revenue producing businesses/opportunities
☐ Attract and retain quality staff through best practices and trends ☐ Maintain, build, and modernize infrastructure to support growth and future needs of the City
☒ Not applicable
EXECUTIVE SUMMARY:

Liebert Cassidy Whitmore (“LCW”) has provided specialized legal services relating to personnel matters to the City for many years, with the current contract approved by the City Council for the term July 1, 2022, through June 30, 2027. LCW has extensive experience working with public sector clientele throughout the State. The Human Resources Department (“HRD”) would like to continue to retain LCW to assist with personnel investigations and general Human Resources (HR) advice, including labor relations and other core HR services. City staff requests the approval of Amendment No. 1 to the Agreement for professional services with Liebert Cassidy Whitmore with the fee schedule increases during the contract terms.

DISCUSSION:

The City has a contractual relationship with LCW for labor negotiations with various unions. LCW has extensive experience working with public sector clientele throughout the State. The HRD would like to continue to retain LCW to assist with personnel investigations and general HR advice, including labor relations and other core HR services.

The City of Fountain Valley currently participates in a “consortium” agreement with LCW, meaning that the City pays an annual fee for access to an annual series of training

City Council Request
Liebert Cassidy Whitmore Agreement
September 17, 2024

programs and unlimited access to LCW attorneys for “basic” consultation questions. City staff requests to continue a contractual relationship directly with LCW for more complex employment law, which requires more in-depth work, including employee disciplinary matters, leave and benefit rights, and workplace investigations. This is the basis of this report.

The current contract with LCW #1219 requires the City Council to approve any fee schedule increases during the contract terms. There has not been a fee increase since the contract was approved in 2022. The following table shows the rate increases for all levels of attorneys.
* Newly added to fee schedule by LCW.

FINANCIAL ANALYSIS:

There are sufficient funds budgeted in FY 2024/2025 to cover the increased rates associated with this professional services agreement.

Consultant Current Rates New Rates
Associates $230 to $315 per hour $260 to $335 per hour
Additional Consultants
Partner $405 per hour $425 per hour
Senior
Counsel
$340 per hour $355 per hour
Paralegals $145 per hour $145 per hour
Labor
Relations
/Human
Resources
Consultant
$260 per hour $270 per hour
Classification
&
Compensation
Consultant
$200 per hour*
Law Clerks $145 to $185 per hour No change
E-Discovery
Specialists
$145 per hour No change
Litigation and
E-Discovery
Management
$450/mo. No change

City Council Request
Liebert Cassidy Whitmore Agreement
September 17, 2024

ATTORNEY REVIEW:

The Attorney for the City has reviewed and approved the amendment to the contract for professional services.

ALTERNATIVES:

Alternative No.1: Approve Amendment No. 1 to the Agreement for professional services with Liebert Cassidy Whitmore.

Alternative No. 2: Do not approve Amendment No. 1 to the Agreement for Professional Services Agreement with Liebert Cassidy
Whitmore.

RECOMMENDATION:

Staff recommends the approval of Amendment No. 1 professional services contract with Liebert Cassidy Whitmore for specialized services related to personnel matters through the term of this contract unless further amended by Council.

Prepared By: Carrie Hanes, Human Resources Director
Fiscal Review By: Ryan Smith, Finance Director
Approved By: Maggie Le, City Manager

Attachment 1: Amendment No. 1 to the Agreement for Professional Services with Liebert Cassidy Whitmore
Exhibit 1: Fee Schedule

5. Each person signing the Amendment on behalf of the PARTIES represents and warrants that they have the authority to execute this Amendment on behalf of such PARTY and to bind such PARTY to the performance of its obligations hereunder.

IN WITNESS WHEREOF, the PARTIES hereto have executed this First Amendment as of the date written above.

CITY OF FOUNTAIN VALLEY
Maggie Le, City Manager
Liebert Cassidy Whitmore
APPROVED AS TO FORM:

HARPER & BURNS LLP
�vlwia
Vanessa Lassooy, Attorney for the City By:

Its:

ATTEST:
____________________________
City Clerk

LIEBERT CASSIDY WHITMORE

FEE SCHEDULE
(Effective 7/1/24)
Partners $425.00
Senior Counsel $355.00
Associates $260.00 - $335.00
Labor Relations/Human Resources Consultant $270.00
Classification & Compensation Consultant $200.00
Paralegals $145.00
E-Discovery Specialists $145.00
Law Clerks $145.00 - $185.00
Exhibit 1

CITY OF FOUNTAIN VALLEY

CITY COUNCIL

COUNCIL ACTION REQUEST
To: Honorable Mayor and Agenda Date: September 17, 2024 Members of the City Council
SUBJECT: Approval of the Agreement with the Municipal Water District of Orange County (MWDOC) for Sharing Consultant Costs for Completion of Orange County Water and Wastewater Multi-Jurisdictional Hazard Mitigation Plan and America Water Infrastructure Act of 2018 Projects in the amount of $66,700 Three-Year Strategic Goals
☐ Enhance the culture and environment of “A Nice Place to Live” ☐ Achieve fiscal stability by evaluating processes, and attract and retain revenue producing businesses/opportunities
☐ Attract and retain quality staff through best practices and trends ☐ Maintain, build, and modernize infrastructure to support growth and future needs of the City
☒ Not applicable
EXECUTIVE SUMMARY:

Staff is requesting that the City Council approve the Agreement with the Municipal Water District of Orange County (MWDOC) for Sharing Consultant Costs for the Completion of Orange County Water and Wastewater Multi-Jurisdictional Hazard Mitigation Plan and America Water Infrastructure Act of 2018 Projects in the amount of $66,700.

The America’s Water Infrastructure Act (AWIA) of 2018 requires all drinking water utilities serving over 3,300 people to conduct a Risk & Resilience Assessment (RRA) of their community water system and develop a corresponding Emergency Response Plan (ERP). Per the AWIA requirements, both are to be updated every five (5) years. The City must review and update its Risk & Resilience Assessment by December 31, 2025, and its Emergency Response Plan by June 30, 2026, or risk being subject to enforcement actions by the USEPA and penalties not to exceed $69,733 (adjusted annually for inflation) for each day in which such violation occurs.

The FY 2024/25 Water Utility Fund Budget allocates a total of $200,000 for the required AWIA Risk & Resilience Assessment and Emergency Response Plan updates in the Public Works Department’s Professional Services account. Therefore, existing funding is sufficient for the cost-sharing agreement.

Cost Sharing Agreement – AWIA RRA & ERP Updates
September 17, 2024

DISCUSSION:

On October 23, 2018, Congress signed into law the AWIA (S.3021, Law 115-270). Per Section 2013 of Title II, AWIA required utilities serving more than 3,300 persons to complete an initial RRA of their community water system and self-certify completion to the USEPA by a due date determined by the size of the population served. Within six (6) months of submitting the RRA self-certification, utilities were required to develop a corresponding ERP and self-certify completion to the USEPA. Thereafter, AWIA requires utilities to review and update their RRAs and ERPs every five (5) years and to self-certify completion with the USEPA accordingly.

Agencies that do not comply with the AWIA requirements and deadlines may be subject to enforcement actions by the USEPA and penalties not to exceed $69,733 (adjusted annually for inflation) for each day in which such violation occurs.

The Water Emergency Response Organization of Orange County (WEROC), administered by the MWDOC, supports and manages countywide emergency preparedness, planning, response, and recovery efforts among Orange County water and wastewater utilities. As part of this role, WEROC coordinated a joint effort in 2019 between MWDOC and interested member agencies to facilitate compliance with the new AWIA requirements and take advantage of potential cost savings through economies of scale. Through its participation in this cost-sharing program, the City of Fountain Valley was able to comply with its initial Risk & Resilience Assessment due date of December 31, 2020, and corresponding Emergency Response Plan due date of June 30, 2021, based on its then population of 59,227 people.

The City completed a Risk & Resilience Assessment of its water system and submitted a selfcertification letter to USEPA on December 23, 2020. The City’s Risk & Resilience Assessment included:

1. The risk to the system from malevolent acts and natural hazards;

2. The resilience of the pipes and constructed conveyances; physical barriers; source water; water collection and intake; pretreatment, treatment, storage and distribution facilities; and electronic, computer, or other automated systems (including the security of such systems) which are utilized by the system;

3. The monitoring practices of the system;

4. The financial infrastructure of the system;

5. The use, storage, or handling of various chemicals by the system; and

6. The operation and maintenance of the system.

Based on the findings of the Risk & Resilience Assessment, the City then completed a corresponding Emergency Response Plan update that was self-certified on June 23, 2021, within six (6) months of self-certifying the RRA as required. The City’s Emergency Response Plan included:

1. Strategies and resources to improve the resilience of the system, including the physical security and cybersecurity of the system;

Cost Sharing Agreement – AWIA RRA & ERP Updates
September 17, 2024

2. Plans and procedures that can be implemented, and identification of equipment that can be utilized, in the event of a malevolent act or natural hazard that threatens the ability of the system to deliver safe drinking water;

3. Actions, procedures, and equipment that can obviate or significantly lessen the impact of a malevolent act or natural hazard on the public health and the safety and supply of drinking water provided to communities and individuals, including the development of alternative source water options, relocation of water intakes, and construction of flood protection barriers; and

4. Strategies that can be used to aid in the detection of malevolent acts or natural hazards that threaten the security or resilience of the system.

Since the initial Risk & Resilience Assessments and Emergency Response Plans were due in 2020 and 2021, utilities are already starting to prepare for the first five-year reviews and updates that will be due March 31, 2025, through December 30, 2026, depending on the size of the population served.

WEROC is once again coordinating a joint effort between MWDOC and approximately 30 interested member agencies to facilitate the review and update of Risk & Resilience Assessments and Emergency Response Plans in compliance with AWIA, as well as the review and update of the Orange County Water and Wastewater Multi-Jurisdictional Local Hazard Mitigation Plan (MJHMP), in order to take advantage of potential cost savings through economies of scale. In January 2024, WEROC developed and issued a detailed Request for Proposals package to which they received three (3) proposals. After fully discussing and evaluating the proposals, Herndon Solutions Group (HSG) was selected because their proposal met the requirements requested and was the lowest cost while offering additional add-ons to agencies that desire or require them. MWDOC and many of its member agencies worked with HSG on the initial RRAs and ERPs required by AWIA. Therefore, HSG is familiar with the process and is well-positioned to assist agencies with the five-year review and update process.

HSG and its carefully assembled team of sub-consultants will work with each group or individual agency as appropriate to help them meet the Local Hazard Mitigation Plan and AWIA requirements as needed. Participating agencies can choose to participate in the Orange County Water and Wastewater Multi-Jurisdictional Local Hazard Mitigation, Risk & Resilience Assessment, and/or Emergency Response Plan update programs at their discretion.

Based on the needs of the City, staff is recommending that the City participate in the costsharing agreement for consultant assistance with the Risk & Resilience Assessment and Emergency Response Plan updates at a total cost of $66,700. The City has no need to participate in the Orange County Water and Wastewater Multi-Jurisdictional Local Hazard Mitigation Plan assistance program because the Fire Department maintains the City’s own hazard mitigation plan that covers all city-wide functions as required by FEMA.

Cost Sharing Agreement – AWIA RRA & ERP Updates
September 17, 2024

FISCAL REVIEW:

The FY 2024/25 Water Utility Fund Budget allocates a total of $200,000 for the required AWIA Risk & Resilience Assessment and Emergency Response Plan updates in the Public Works Department’s Professional Services account (500.50.90001.53003). Therefore, existing funding is sufficient for the cost-sharing agreement.

FY 2024/25
Water Utility Fund
Public Works Dept – Non-Dept Projects (Non-recurring) – Professional Services 500.50.90001.53003
FY 2024/25 Budget for AWIA Risk & Resilience Assessment and Emergency Response Plan Updates
$ 200,000
Risk & Resilience Assessment Review & Update
Self-Certification Due December 31, 2025
$ 49,450
Emergency Response Plan Review & Update
Self-Certification Due June 30, 2026
$ 17,250
Total Cost $ 66,700
PUBLIC NOTIFICATION:

Not applicable.

ENVIRONMENTAL IMPACT REVIEW:

Not applicable.

ATTORNEY REVIEW:

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

ALTERNATIVES:

Alternative No. 1: Approve the Agreement with the MWDOC for Sharing Consultant Costs for Completion of Orange County Water and Wastewater MultiJurisdictional Hazard Mitigation Plan and America Water Infrastructure Act of 2018 Projects in the amount of $66,700. This is the recommended action.

Alternative No. 2: Do not approve the Agreement with MWDOC for Sharing Consultant Costs and direct staff to solicit proposals for consultant services through an independent Request for Proposals. This is not recommended as it will prevent the City from benefiting from the economies of scale offered through MWDOC’s cost-sharing agreement and the work MWDOC put into the RFP process to identify a qualified consultant that would provide the best value to the participating agencies.

Cost Sharing Agreement – AWIA RRA & ERP Updates
September 17, 2024

Alternative No. 3: Do not approve the Agreement with MWDOC for Sharing Consultant Costs, and direct staff to complete the Risk & Resilience Assessment and Emergency Response Plan updates with existing staff. This is not recommended as City staff does not have the time, resources, or expertise to complete the Risk & Resilience Assessment and Emergency Response Plan update on its own to ensure that all requirements are met.

RECOMMENDATION:

Staff is requesting City Council approval of Alternative No. 1 to approve the Agreement with the MWDOC for Sharing Consultant Costs for Completion of Orange County Water and Wastewater Multi-Jurisdictional Hazard Mitigation Plan and America Water Infrastructure Act of 2018 Projects in the amount of $66,700.

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

1. Agreement with MWDOC for Sharing Consultant Costs

8/28/2024
Approved as to Content:
______________________________
Scott Smith, Director of Public Works
City of Fountain Valley

CITY OF FOUNTAIN VALLEY

CITY COUNCIL

COUNCIL ACTION REQUEST
TO: Honorable Mayor and Agenda Date: September 17, 2024 Members of the City Council
SUBJECT: Approve a CPI Increase for Republic (dba Rainbow) Trash Collection Rates for Residential and Commercial Service
Three-Year Strategic Goals
☐ Enhance the culture and environment of “A Nice Place to Live” ☐ Achieve fiscal stability by evaluating processes, and attract and retain revenue producing businesses/opportunities
☐ Attract and retain quality staff through best practices and trends ☐ Maintain, build, and modernize infrastructure to support growth and future needs of the City
☒ Not applicable
EXECUTIVE SUMMARY:

On January 17, 2023, City Council adopted Resolution 9861 to establish the new residential trash rates effective January 18, 2023 through January 1, 2027 with Republic/Rainbow Disposal Co., Inc. (Rainbow). City Council adoption of the Resolution authorizes the annual adjustments to trash service rates based on the change in Consumer Price Index (CPI) increase, published by the U.S. Department of Labor.

Pursuant to Rainbow’s agreement with the City, the City Council reviews each yearly CPI increase.

Staff recommends that the City Council approve the CPI trash rate increase for 2025 by

5.33% for residential and commercial customers. This equates to 2025 rates of $29.34 for Fountain Valley non-senior residents and $25.55 for Fountain Valley senior citizens (senior rates are for residents 62 years and older).

DISCUSSION:

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

Pursuant to the Franchise Agreement, Rainbow is entitled to request a CPI adjustment for residential, commercial, and industrial customers. City Staff and Rainbow met and

Approval of CPI Increase for Rainbow Trash Collection Rates September 17, 2024

conferred in good faith regarding Rainbow’s pending request for a CPI adjustment from January 1, 2025, through December 31, 2025. As a result of those discussions, and in accordance with Sections 6, 7, and 9 of the Franchise Agreement, City staff agrees that the CPI adjustment of 5.33% is appropriate and should take effect on January 1, 2025.

The rate adjustment is based on the Bureau of Labor Statistics Garbage and Trash CPI for the United States from April 2023 to April 2024.

After Amendment No. 3 to the Agreement CON 06-28 entered into effect on August 23, 2022, the Materials Recovery Facility (MRF) rate was combined with the Trash Base Rate. This equates to a combined rate of $25.28 plus $4.06 with a total of $29.34 for the non-senior residents and a rate of $21.48 plus $4.07 with a total of $25.55 for the Fountain Valley senior citizens.

City Admin Fee is based on All Urban Consumers (CPI-U), April 2023-April 2024, Series ID: CUURS49ASA0

FINANCIAL ANALYSIS
Calendar Year 2025 Proposed Standard Residential Monthly Rates, which includes a 5.33% CPI Increase
City of Fountain Valley Residential Rates Effective January 1, 2025. 2024 CPI 2025 Increase
Resident
Trash *** $27.86 5.33% $29.34 $1.48
Admin Fee – City Billed ** $1.34 3.90% $1.39 $0.05
Total $29.20 $30.73 $1.53
Senior *
Trash *** $24.26 5.33% $25.55 $1.29
Admin Fee – City Billed ** $1.34 3.90% $1.39 $0.05
Total $25.60 $26.94 $1.34
*Senior rates are for residents 62 years and older.
**Admin Fee April - April All Urban Consumers (CPI-U)
Series ID: CUURS49ASA0
*** Trash rate includes MRF rate
City Council Approval and Adoption of Resolution 9861
Effective Date Proposed 5-Year Residential Trash Collection Rates (per dwelling unit per month)
January 18, 2023 $27.40
January 1, 2024 $27.40 plus/minus 2023 CPI for Garbage and Trash

Approval of CPI Increase for Rainbow Trash Collection Rates September 17, 2024

January 1, 2025 $29.20 rate plus/minus 2024 CPI for Garbage and Trash January 1, 2026 2025 rate plus/minus 2025 CPI for Garbage and Trash January 1, 2027 2026 rate plus/minus 2026 CPI for Garbage and Trash

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

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

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

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

Alternative 2: Do not approve a CPI Increase for Republic (dba Rainbow) Trash Collection Rates for Residential and Commercial Service (this is not the recommended action because Rainbow’s agreement with the city allows CPI increases, a Proposition 218 hearing last year authorized CPI increases, and data shows inflationary increases of 5.33% for garbage collection).

RECOMMENDATION:

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

Co-Prepared By: Lia Gountoumas, Environmental Services Administrator Approved By: Scott Smith, Director of Public Works
Approved By: Ryan Smith, Finance Director / City Treasurer Approved By: Maggie Le, City Manager
Attachment 1: Republic Services 2025 Solid Waste Certification for Residential Services

Approval of CPI Increase for Rainbow Trash Collection Rates September 17, 2024

Attachment 2: Republic Services 2025 Solid Waste Certification for Commercial Services Attachment 3: Resolution 9861

17121 Nichols Ln Huntington Beach, CA 92647 | RepublicServices.com | Environmental Services, Recycling & Waste August 8, 2024
Scott Smith
Public Works Director
City of Fountain Valley
10200 Slater Ave
Fountain Valley, CA 92708
RE: 2025 Solid Waste Rate Certification for Residential Services Dear Mr. Smith,
Attached is the 2025 Refuse Rate Information for the City of Fountain Valley’s residential solid waste collection provided by Rainbow Disposal Co., Inc. a Republic Services Subsidiary (Republic).

In accordance with the terms of the Franchise Agreement from 2006 and subsequent Amendment 2 in 2016 and Amendment 3 in 2022, Republic’s change in compensation for residential services is calculated based on the projected percentage of increase or decrease in the Bureau of Labor Statistics Consumer Price Index (CPI) for Garbage and Trash from April to April for implementation on January 1, 2025 (Attachment 1).

For 2025, the rate increase proposed is (611.073 - 580.124) / 580.124 = 5.33%.

CERTIFICATION
To the best of our knowledge the information enclosed is complete and accurate.

Dan Capener
General Manager
Rainbow Disposal Co., Inc.

ACKNOWLEDGEMENT
______________________________________________
Scott Smith
Public Works Director
City of Fountain Valley

Databases, Tables & Calculators by Subject
Special Notices 4/25/2024
Change Output Options:

From: 2014 To: 2024
include graphs include annual averages
Data extracted on: August 7, 2024 (3:17:40 PM)
Consumer Price Index for All Urban Consumers (CPI-U)
Series Id: CUSR0000SEHG02
Seasonally Adjusted
Series Title: Garbage and trash collection in U.S. city average, all urban consumers, seasonally adjusted Area: U.S. city average
Item: Garbage and trash collection
Base Period: DECEMBER 1983=100
Download:

Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec HALF1 HALF2 2014 422.440 422.483 423.413 425.393 425.242 425.930 426.562 426.771 427.327 427.995 427.808 428.187 2015 427.734 429.248 429.235 429.807 431.234 430.813 431.229 432.967 433.843 434.829 436.428 436.996 2016 437.205 438.296 437.699 437.676 438.317 437.858 438.607 439.358 439.707 440.311 443.343 444.745 2017 446.266 447.699 446.987 447.129 447.272 448.046 448.328 448.717 449.008 452.196 453.820 453.596 2018 453.354 454.915 455.230 458.722 462.887 465.041 465.579 470.457 471.026 472.535 486.650 485.935 2019 475.687 477.474 478.569 479.449 480.865 480.984 482.138 483.987 484.346 486.133 486.485 486.708 2020 491.003 494.429 495.288 494.432 494.946 496.679 498.564 500.882 501.756 503.315 504.970 508.190 2021 512.722 517.270 518.505 518.579 516.440 517.202 521.185 524.408 529.934 530.114 529.053 532.538 2022 533.078 538.313 540.719 542.564 544.546 547.554 548.187 548.706 558.254 561.090 563.816 565.185 2023 570.412 575.697 576.773 580.124 587.431 589.812 596.167 597.347 596.997 597.569 601.631 602.164 2024 606.773 610.551 610.015 611.073 609.538 611.946
Series Id: CUUR0000SEHG02,CUUS0000SEHG02
Not Seasonally Adjusted
Series Title: Garbage and trash collection in U.S. city average, all urban consumers, not seasonally adjusted Area: U.S. city average
Item: Garbage and trash collection
Base Period: DECEMBER 1983=100
Download:

Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec HALF1 HALF2 2014 422.440 422.483 423.413 425.393 425.242 425.930 426.562 426.771 427.327 427.995 427.808 428.187 2015 427.734 429.248 429.235 429.807 431.234 430.813 431.229 432.967 433.843 434.829 436.428 436.996 2016 437.205 438.296 437.699 437.676 438.317 437.858 438.607 439.358 439.707 440.311 443.343 444.745 2017 446.266 447.699 446.987 447.129 447.272 448.046 448.328 448.717 449.008 452.196 453.820 453.596 2018 453.354 454.915 455.230 458.722 462.887 465.041 465.579 470.457 471.026 472.535 486.650 485.935 458.358 475.364 2019 475.687 477.474 478.569 479.449 480.865 480.984 482.138 483.987 484.346 486.133 486.485 486.708 478.838 484.966 2020 491.003 494.429 495.288 494.432 494.946 496.679 498.564 500.882 501.756 503.315 504.970 508.190 494.463 502.946 2021 512.722 517.270 518.505 518.579 516.440 517.202 521.185 524.408 529.934 530.114 529.053 532.538 516.786 527.872 2022 533.078 538.313 540.719 542.564 544.546 547.554 548.187 548.706 558.254 561.090 563.816 565.185 541.129 557.540 2023 570.412 575.697 576.773 580.124 587.431 589.812 596.167 597.347 596.997 597.569 601.631 602.164 580.042 598.646 2024 606.773 610.551 610.015 611.073 609.538 611.946 609.983 U.S. BUREAU OF LABOR STATISTICS
U.S. BUREAU OF LABOR STATISTICS Postal Square Building 2 Massachusetts Avenue NE Washington, DC 20212-0001 Telephone:1-202-691-5200 Telecommunications Relay Service:7-1-1 www.bls.gov Contact Us 8/7/24, 12:17 PM Bureau of Labor Statistics Data
https://data.bls.gov/pdq/SurveyOutputServlet 1/1
(611.073-580.124)/580.124 = 0.0533

2024 CPI 2025 Increase
Resident
Trash $ 27.86 5.33% $ 29.34 $ 1.48
Senior*
Trash $ 24.26 5.33% $ 25.55 $ 1.29
*Senior rates are for residents 62 years and older.

Note: This rate does not include the City's admin rate.

CITY OF FOUNTAIN VALLEY - RESIDENTIAL RATES
EFFECTIVE 1/1/25

17121 Nichols Ln Huntington Beach, CA 92647 | RepublicServices.com | Environmental Services, Recycling & Waste August 8, 2024
Scott Smith
Public Works Director
City of Fountain Valley
10200 Slater Ave
Fountain Valley, CA 92708
RE: 2025 Solid Waste Rate Certification for Commercial Services Dear Mr. Smith,
Attached is the 2025 Refuse Rate Information for the City of Fountain Valley’s residential solid waste collection provided by Rainbow Disposal Co., Inc. a Republic Services Subsidiary (Republic).

In accordance with the terms of the franchise agreement with the City of Fountain Valley, the projected percentage of increase or decrease in the rate is based on the Bureau of Labor Statistics Garbage and Trash Consumer Price Index (CPI) for the United States from April to April for implementation on January 1, 2025 (Attachment 1).

For 2025, the rate increase proposed is (611.073 - 580.124) / 580.124 = 5.33%.

CERTIFICATION
To the best of our knowledge the information enclosed is complete and accurate.

Dan Capener, General Manager
Rainbow Disposal Co., Inc.

ACKNOWLEDGEMENT
______________________________________________
Scott Smith, Public Works Director
City of Fountain Valley

Databases, Tables & Calculators by Subject
Special Notices 4/25/2024
Change Output Options:

From: 2014 To: 2024
include graphs include annual averages
Data extracted on: August 7, 2024 (3:17:40 PM)
Consumer Price Index for All Urban Consumers (CPI-U)
Series Id: CUSR0000SEHG02
Seasonally Adjusted
Series Title: Garbage and trash collection in U.S. city average, all urban consumers, seasonally adjusted Area: U.S. city average
Item: Garbage and trash collection
Base Period: DECEMBER 1983=100
Download:

Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec HALF1 HALF2 2014 422.440 422.483 423.413 425.393 425.242 425.930 426.562 426.771 427.327 427.995 427.808 428.187 2015 427.734 429.248 429.235 429.807 431.234 430.813 431.229 432.967 433.843 434.829 436.428 436.996 2016 437.205 438.296 437.699 437.676 438.317 437.858 438.607 439.358 439.707 440.311 443.343 444.745 2017 446.266 447.699 446.987 447.129 447.272 448.046 448.328 448.717 449.008 452.196 453.820 453.596 2018 453.354 454.915 455.230 458.722 462.887 465.041 465.579 470.457 471.026 472.535 486.650 485.935 2019 475.687 477.474 478.569 479.449 480.865 480.984 482.138 483.987 484.346 486.133 486.485 486.708 2020 491.003 494.429 495.288 494.432 494.946 496.679 498.564 500.882 501.756 503.315 504.970 508.190 2021 512.722 517.270 518.505 518.579 516.440 517.202 521.185 524.408 529.934 530.114 529.053 532.538 2022 533.078 538.313 540.719 542.564 544.546 547.554 548.187 548.706 558.254 561.090 563.816 565.185 2023 570.412 575.697 576.773 580.124 587.431 589.812 596.167 597.347 596.997 597.569 601.631 602.164 2024 606.773 610.551 610.015 611.073 609.538 611.946
Series Id: CUUR0000SEHG02,CUUS0000SEHG02
Not Seasonally Adjusted
Series Title: Garbage and trash collection in U.S. city average, all urban consumers, not seasonally adjusted Area: U.S. city average
Item: Garbage and trash collection
Base Period: DECEMBER 1983=100
Download:

Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec HALF1 HALF2 2014 422.440 422.483 423.413 425.393 425.242 425.930 426.562 426.771 427.327 427.995 427.808 428.187 2015 427.734 429.248 429.235 429.807 431.234 430.813 431.229 432.967 433.843 434.829 436.428 436.996 2016 437.205 438.296 437.699 437.676 438.317 437.858 438.607 439.358 439.707 440.311 443.343 444.745 2017 446.266 447.699 446.987 447.129 447.272 448.046 448.328 448.717 449.008 452.196 453.820 453.596 2018 453.354 454.915 455.230 458.722 462.887 465.041 465.579 470.457 471.026 472.535 486.650 485.935 458.358 475.364 2019 475.687 477.474 478.569 479.449 480.865 480.984 482.138 483.987 484.346 486.133 486.485 486.708 478.838 484.966 2020 491.003 494.429 495.288 494.432 494.946 496.679 498.564 500.882 501.756 503.315 504.970 508.190 494.463 502.946 2021 512.722 517.270 518.505 518.579 516.440 517.202 521.185 524.408 529.934 530.114 529.053 532.538 516.786 527.872 2022 533.078 538.313 540.719 542.564 544.546 547.554 548.187 548.706 558.254 561.090 563.816 565.185 541.129 557.540 2023 570.412 575.697 576.773 580.124 587.431 589.812 596.167 597.347 596.997 597.569 601.631 602.164 580.042 598.646 2024 606.773 610.551 610.015 611.073 609.538 611.946 609.983 U.S. BUREAU OF LABOR STATISTICS
U.S. BUREAU OF LABOR STATISTICS Postal Square Building 2 Massachusetts Avenue NE Washington, DC 20212-0001 Telephone:1-202-691-5200 Telecommunications Relay Service:7-1-1 www.bls.gov Contact Us 8/7/24, 12:17 PM Bureau of Labor Statistics Data
https://data.bls.gov/pdq/SurveyOutputServlet 1/1
(611.073-580.124)/580.124 = 0.0533

9% Fran 9% Fran
RATE FEE TOTAL RATE RATE FEE Total RATE
$ 120.73 $ 10.87 $ 131.59 $ 41.24 $ 3.71 $ 44.95
$ 191.32 $ 17.22 $ 208.54 $ 94.27 $ 8.48 $ 102.75
$ 241.84 $ 21.77 $ 263.61 $ 141.40 $ 12.73 $ 154.13
$ 269.10 $ 24.22 $ 293.32 $ 58.33 $ 5.25 $ 63.59
$ 316.35 $ 28.47 $ 344.82
$ 366.80 $ 33.01 $ 399.82 $ 85.31 $ 7.68 $ 92.99
$ 57.64 $ 5.19 $ 62.83 $ 133.82 $ 12.04 $ 145.86
$ 50.80 $ 4.57 $ 55.37 $ 167.61 $ 15.08 $ 182.69
$ 184.31 $ 16.59 $ 200.90
$ 197.10 $ 17.74 $ 214.84 $ 215.70 $ 19.41 $ 235.11
$ 286.47 $ 25.78 $ 312.26 $ 249.42 $ 22.45 $ 271.86
$ 364.59 $ 32.81 $ 397.41 $ 58.33 $ 5.25 $ 63.59
$ 431.59 $ 38.84 $ 470.43
$ 532.02 $ 47.88 $ 579.91 $ 138.88 $ 12.50 $ 151.38
$ 613.04 $ 55.17 $ 668.21 $ 199.04 $ 17.91 $ 216.95
$ 57.64 $ 5.19 $ 62.83 $ 249.50 $ 22.45 $ 271.95
$ 53.33 $ 4.80 $ 58.13 $ 292.61 $ 26.34 $ 318.95
$ 360.32 $ 32.43 $ 392.74
$ 249.82 $ 22.48 $ 272.30 $ 413.74 $ 37.24 $ 450.97
$ 381.72 $ 34.35 $ 416.07 $ 58.33 $ 5.25 $ 63.59
$ 524.71 $ 47.22 $ 571.94
$ 625.94 $ 56.33 $ 682.27 $ 177.49 $ 15.97 $ 193.47
$ 800.05 $ 72.00 $ 872.05 $ 267.32 $ 24.06 $ 291.38
$ 937.28 $ 84.36 $ 1,021.63 $ 360.26 $ 32.42 $ 392.68
$ 57.64 $ 5.19 $ 62.83 $ 423.12 $ 38.08 $ 461.21
$ 61.80 $ 5.56 $ 67.36 $ 541.80 $ 48.76 $ 590.57
$ 633.48 $ 57.01 $ 690.49
$ 303.58 $ 27.32 $ 330.90
$ 467.14 $ 42.04 $ 509.18 9% Fran
$ 648.23 $ 58.34 $ 706.57 RATE FEE Total RATE
$ 778.97 $ 70.11 $ 849.08
$ 994.72 $ 89.52 $ 1,084.25 $ 102.93 $ 9.26 $ 112.19
$ 1,166.46 $ 104.98 $ 1,271.45 $ 162.98 $ 14.67 $ 177.65 $ 57.64 $ 5.19 $ 62.83 $ 205.86 $ 18.53 $ 224.39
$ 53.33 $ 4.80 $ 58.13 $ 228.85 $ 20.60 $ 249.45
$ 268.93 $ 24.20 $ 293.14
$ 455.37 $ 40.98 $ 496.35 $ 311.76 $ 28.06 $ 339.82
$ 700.72 $ 63.06 $ 763.78 $ 125.38 $ 11.28 $ 136.66
$ 972.34 $ 87.51 $ 1,059.85 $ 43.79 $ 3.94 $ 47.73
$ 1,168.47 $ 105.16 $ 1,273.63
$ 1,492.08 $ 134.29 $ 1,626.37 $ 56.42 $ 5.08 $ 61.49
$ 1,749.69 $ 157.47 $ 1,907.16 $ 112.97 $ 10.17 $ 123.13 $ 57.64 $ 5.19 $ 62.83 $ 169.26 $ 15.23 $ 184.50
$ 61.80 $ 5.56 $ 67.36 $ 225.69 $ 20.31 $ 246.00
$ 282.11 $ 25.39 $ 307.50
$ 338.54 $ 30.47 $ 369.01
SIZE RATE 9% Fran FEE TOTAL RATE $ 62.69 $ 5.64 $ 68.33 BIN EXCHANGE - ALL SIZES $ 64.22 $5.78 $70.00 $ 34.90 $ 3.14 $ 38.04 REPLACEMENT CART - ALL SIZES $ 75.00 $6.75 $81.75
LOCKS & KEYS RATE 9% Fran FEE TOTAL RATE
LOCK LID-LOCK & KEY $ 107.49 $9.67 $117.17
LOCK LID ONLY $ 81.68 $7.35 $89.04 4 X PER WEEK 1/WEEK 2/WEEK 3/WEEK 4/WEEK 5/WEEK 6/WEEK LOCK (KEY INCLUDED) $ 22.58 $2.03 $24.62 Distance by feet 2025 2025 2025 2025 2025 2025 KEY/each $ 4.66 $0.42 $5.08 26'- 50' $ 6.82 $ 13.62 $ 20.45 $ 27.26 $ 34.05 $ 40.87 51'- 75' $ 13.62 $ 27.26 $ 40.87 $ 54.49 $ 68.13 $ 81.74 76'- 100' $ 20.45 $ 40.87 $ 61.30 $ 81.74 $ 102.19 $ 122.62 RATE 9% FF TOTAL RATE 101'- 125' $ 27.26 $ 54.49 $ 81.74 $ 109.00 $ 136.24 $ 163.49 $34.90 NA $34.90 126'-150' $ 34.05 $ 68.13 $ 102.19 $ 136.24 $ 170.29 $ 204.36 151'- 175' $ 40.87 $ 81.74 $ 122.62 $ 163.49 $ 204.36 $ 245.23 176'- 200' $ 47.69 $ 95.36 $ 143.06 $ 190.74 $ 238.42 $ 286.11 201'- 225' $ 54.49 $ 109.00 $ 163.49 $ 217.99 $ 272.49 $ 326.99 226'- 250' $ 61.30 $ 122.62 $ 183.93 $ 245.23 $ 306.55 $ 367.86 2025 RATE 9% Fran FEE TOTAL RATE 251'- 275' $ 68.13 $ 136.24 $ 204.36 $ 272.49 $ 340.61 $ 408.73 $34.90 $3.14 $38.04 276'- 300' $ 74.92 $ 149.87 $ 224.80 $ 299.73 $ 374.68 $ 449.61 1 X PER WEEK 1 X PER WEEK
2 X PER WEEK 2 X PER WEEK
3 X PER WEEK 3 X PER WEEK
TRASH

SERVICE LEVELS
CITY OF FOUNTAIN VALLEY - COMMERCIAL RATES EFFECTIVE 1/1/25

RECYCLING

SERVICE LEVELS
95 GALLON
OVERAGE 2 X PER WEEK
EXTRA PICK UP 3 X PER WEEK
4 X PER WEEK
4 X PER WEEK CONTAMINATION
5 X PER WEEK 1 YARD
6 X PER WEEK 1 X PER WEEK
4 X PER WEEK 2 YARD
5 X PER WEEK 1 X PER WEEK
6 X PER WEEK 2 X PER WEEK
1 X PER WEEK 5 X PER WEEK
2 X PER WEEK 6 X PER WEEK
3 X PER WEEK CONTAMINATION
1 X PER WEEK 6 X PER WEEK
2 X PER WEEK CONTAMINATION
3 X PER WEEK 3 YARD
OVERAGE 3 X PER WEEK
EXTRA PICK UP 4 X PER WEEK
5 X PER WEEK

SERVICE LEVELS
4 X PER WEEK 1 YARD
OVERAGE 4 X PER WEEK
EXTRA PICK UP 5 X PER WEEK
6 X PER WEEK
4 X PER WEEK 1 X PER WEEK
5 X PER WEEK 2 X PER WEEK
6 X PER WEEK 3 X PER WEEK
6 X PER WEEK

CONTAMINATION
EXTRA PICK UP 4 X PER WEEK
5 X PER WEEK 1 X PER WEEK
6 X PER WEEK 2 X PER WEEK
OVERAGE 3 X PER WEEK
2 X PER WEEK CONTAMINATION
3 X PER WEEK EXTRA PICK UP
4 X PER WEEK 64 GALLON
EXTRA PICK UP 4 X PER WEEK
5 X PER WEEK
1 X PER WEEK

EXTRA PICK UP

RESIDENTIAL EXTRA PICKUPS

BULKY ITEM PICKUPS - COMMERCIAL
FREE 4X/YR - MAX 10 ITEMS EA (RESIDENTIAL ONLY, NO FF)
Charge after 4 per year
1 YARD
2 YARD
3 YARD
2 YARD COMPACTOR
3 YARD COMPACTOR

BIN/CART FEES

SCOUT/PULLOUT SERVICE RATE SHEET
5 X PER WEEK
6 X PER WEEK
5 X PER WEEK 1 X PER WEEK
6 X PER WEEK 2 X PER WEEK
OVERAGE 3 X PER WEEK
1 X PER WEEK
2 X PER WEEK ORGANICS
3 X PER WEEK

RATE 9% FRA FEE TOTAL RATE DAYS RESTRICTIONS
DOB NO LIQUIDS, HAZARDOUS WASTE OR TIRES. MUST KEEP BIN 22' X 7' X 6' LEVEL FULL ONLY. HEAVY MATERIAL-DIRT,ROCK,CONCRETE,SOD 6 TONS MAX. MUST BE MAX OF 12" UP FROM THE BOTTOM ONLY
LOW BOY RATE 9% FRA FEE TOTAL RATE DAYS RESTRICTIONS
16' X 7' X 2' SAME AS ABOVE
8 TONS MAX. MUST BE MAX OF 18" UP
FROM BOTTOM ONLY.

RAB RATE 9% FRA FEE TOTAL RATE DAYS RESTRICTIONS
6' X 4' X 4' $84.64 $7.62 $92.26 2 WEEKDAYS 1,000 lbs. or 1/2 TON MAX. $103.61 $9.32 $112.93 3 DAYS MUST BE MAX OF 6" UP

FROM BOTTOM ONLY
MISC RATE 9% FRA FEE TOTAL RATE EXPLANATION
EXTRA DAYS $21.50 Incl in Base $21.50 PER DAY Charge for each extra day customer keeps container EXCESS TONS $81.31 $7.32 $88.62 PER TON Charged for tons exceeding max tons DRY RUN $71.65 $6.45 $78.10
WASH OUT $429.94 $38.69 $468.64
INDUSTRIAL & TEMP 3YD RATE SHEET - CITY OF FOUNTAIN VALLEY RATES EFFECTIVE 01/01/25
$738.10 4
$801.71 4

COMPACTOR SERVICE RATES MUST BE REVIEWED AND APPROVED BY CONTROLLER $60.94
IMPORTANT: THESE RATES ARE FOR BOTH TEMPORARY AND PERMANENT SERVICES $677.16
$735.51 $66.20

CITY OF FOUNTAIN VALLEY

CITY COUNCIL

COUNCIL ACTION REQUEST
To: Honorable Mayor and Agenda Date: September 17, 2024 Members of the City Council
SUBJECT: Public Hearing – FY 2023-24 Community Development Block Grant Consolidated Annual Performance and Evaluation Report
Three-Year Strategic Goals
☒ Enhance the culture and environment of “A Nice Place to Live” ☐ Achieve fiscal stability by evaluating processes, and attract and retain revenue producing businesses/opportunities
☐ Attract and retain quality staff through best practices and trends ☐ Maintain, build, and modernize infrastructure to support growth and future needs of the City
☐ Not applicable
EXECUTIVE SUMMARY:

Title I of the National Affordable Housing Act of 1990, as amended, requires the City of Fountain Valley (City) to prepare and submit a Consolidated Annual Performance and Evaluation Report (CAPER) to the U.S. Department of Housing and Urban Development (HUD), summarizing the annual accomplishments of the City’s Community Development Block Grant (CDBG) program, and specifying how the CDBG funding was utilized. The City has completed its CAPER in the format prescribed by HUD, which describes the programs implemented by the City in an effort to address the housing and community development goals and objectives outlined in its Consolidated Plan.

Staff is recommending that the City Council conduct a public hearing to obtain public input regarding the CAPER (Attachment 1) and, at its conclusion, approve the CAPER and authorize staff to submit the report to HUD for review and approval.

DISCUSSION:

One of the requirements for receiving CDBG funding from HUD is that recipients prepare a Consolidated Plan to govern the use of all federal funds. The Consolidated Plan is a five-year planning document that coordinates all elements of community development including housing, neighborhood improvement, economic development, and human services into a single plan, and serves to provide a unified vision of a community and its goals regarding the use of CDBG funding to assist low income members of the community. The current City of

Public Hearing – FY 2023-24 CDBG CAPER
September 17, 2024

Fountain Valley five-year Consolidated Plan covers the period of July 1, 2020 to June 30, 2025 and is titled the FY 2020-24 Consolidated Plan.

At the end of each fiscal year, HUD grantees are required to submit a report in the format prescribed by HUD, which reviews and reports the programs implemented by the City that address the community development needs and priorities outlined in its Consolidated Plan.

This annual report is known as the CAPER. The City’s FY 2023-24 CAPER reports on Housing and Community Development programs and activities implemented by the City of Fountain Valley during FY 2023-24 and covers the fourth year of the FY 2020-24 Consolidated Plan.

The CAPER also includes the accomplishments of activities funded using CDBG-CV funds provided to the City through the passage of the CARES Act, which must be used to fund programs that prevent, prepare for, and/or respond to COVID-19.

The FY 2020-24 Consolidated Plan outlines the following priorities:

1. Improve and preserve existing residential neighborhoods by implementing home, infrastructure, and public facility improvements, and code enforcement programs.

2. Address the needs of persons with special needs through the provision of financial assistance to public service agencies and the removal of architectural barriers to the physically challenged.

3. Provide affordable housing opportunities for renter households through an ongoing partnership with the Orange County Housing Authority.

4. Administer available federal, state, and locally funded housing and community development grant programs, including providing fair housing services and ensuring compliance with applicable state and federal regulations.

Highlights of the City’s accomplishments in implementing its FY 2023-24 housing and community development grant programs include:

1. Nine (9) projects were completed under the City’s Home Improvement Program, which consisted of grants, rebates, loans, and lead-based paint hazard grants, at a total cost of $127,420.76 in CDBG funds, including the cost of program administration.

2. 123 properties located within the City’s low-income CDBG target areas had code violations identified and abated at a cost of $71,354 in CDBG funds.

3. Five (5) non-profit organizations funded by the Public Service Agency (PSA) Grant Program provided services to 448 persons/households. The five (5) programs included childcare scholarships, youth diversion services, congregate and home-delivered meals for the elderly, and emergency and transitional shelter and services for domestic violence victims. $52,124 in CDBG funds were used for these services.

4. The Fair Housing Council of Orange County assisted 132 unduplicated households and resolved 402 issues between renters and landlords. Issues included security deposits, discrimination, substandard conditions, harassment, unlawful detainers, etc. All issues

Public Hearing – FY 2023-24 CDBG CAPER
September 17, 2024

were resolved in-house at a cost of $5,000 in CDBG funds.

5. The Senior Social Services Program, in Response to COVID, assisted 282 persons during the fourth year of the program. The remaining $32,248 of CDBG-CV funding was expended for this activity.

6. Orange County Housing Authority (OCHA) administers the federally funded Housing Choice Vouchers (Section 8) for the City. 432 low-income renter households in Fountain Valley currently have HUD vouchers. This program is provided at no cost to the City.

A public meeting of the Housing and Community Development Advisory Board (HCDAB) was conducted on September 4, 2024, to review the draft FY 2023-24 CAPER. The HCDAB unanimously voted to forward a recommendation to City Council to approve the CAPER and submit the report to HUD prior to the September 30, 2024, deadline. No public comments were received.

FISCAL REVIEW:

No Fiscal Impact. There is no fiscal impact related to this item; however, submitting the CAPER is a regulatory requirement to receive CDBG funding from HUD. Failure to submit a CAPER would affect future CDBG funding.

PUBLIC NOTIFICATION:

A public notice was published in the Orange County Register on Thursday, August 22, 2024, announcing the public comment period and public hearing for the CAPER. The public comment period began on August 30, 2024, and ended on September 16, 2024. The public notice also advised of the public hearing before the City Council on September 17, 2024.

ENVIRONMENTAL IMPACT REVIEW:

Not applicable.

ATTORNEY REVIEW:

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

ALTERNATIVES:

Alternative No. 1: Conduct a public hearing to consider the City of Fountain Valley FY 2023- 24 CAPER, approve the CAPER, and authorize staff to submit the final CAPER to HUD by the September 30, 2024, deadline.

Alternative No. 2: Conduct a public hearing to consider the City of Fountain Valley FY 2023- 24 CAPER, make any needed amendments to the report, approve report, and authorize staff to submit the final CAPER to HUD for approval by the September 30, 2024, deadline.

Public Hearing – FY 2023-24 CDBG CAPER
September 17, 2024

RECOMMENDATION:

Staff is requesting City Council approval of Alternative No. 1 - Conduct a public hearing to consider the City of Fountain Valley FY 2023-24 CAPER and authorize staff to submit the final CAPER to HUD for approval by the September 30, 2024, deadline.

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

1. FY 2023-24 CAPER

CITY OF

FOUNTAIN VALLEY
FY 2023-2024

CONSOLIDATED ANNUAL

PERFORMANCE EVALUATION
REPORT
(CAPER)

2 CITY OF FOUNTAIN VALLEY

CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT
(CAPER)
FY 2023-2024

CITY COUNCIL
Glenn Grandis, Mayor
Ted Bui, Mayor Pro Tempore Jim Cuneen, Council Member
Patrick Harper, Council Member Kim Constantine, Council Member Maggie Le, City Manager

HOUSING AND COMMUNITY DEVELOPMENT ADVISORY BOARD
Michael White, Chair
Cindy Cao, Vice Chair Prem Balani, Board Member
Bryan Noble, Board Member Matthew Langer, Board Member

HOUSING AND COMMUNITY DEVELOPMENT DIVISION
Omar Dadabhoy, Deputy City Manager/Community Development Director Ashlyn Newman, Neighborhood Improvement Manager

3 EXECUTIVE SUMMARY
The City of Fountain Valley (City) is an entitlement jurisdiction, receiving an annual allocation of Community Development Block Grant (CDBG) funds from the U.S. Department of Housing and Urban Development (HUD). As a recipient of CDBG funds, the City is required to prepare a fiveyear strategic plan that identifies housing and community needs, prioritizes these needs, identifies resources to address the needs, and establishes annual goals and objectives to meet the identified needs. This five-year plan is known as the Consolidated Plan. The purpose of the Consolidated Plan is to outline a strategy for the city to follow in using CDBG funding to achieve the goals of the CDBG program, “to develop viable urban communities by providing decent housing and a suitable living environment and expanding economic opportunities principally for low- and moderate-income persons.” The Consolidated Plan is created as a work plan that is divided into five separate planning and reporting cycles. Since factors such as decreases in funding are not usually known from year to year, the five-year goals must remain fluid and are adjusted on an annual basis.

Each year, the city is required to provide the public and HUD with an assessment of its accomplishments toward meeting the priority goals outlined in the Consolidated Plan. This annual assessment is known as the Consolidated Annual Performance and Evaluation Report (CAPER). This document provides a review and evaluation of the City of Fountain Valley’s progress toward meeting the 2023-24 annual goals and outcomes as outlined in the 2023-24 Action Plan, as well as the larger five-year goals of the 2020-24 Consolidated Plan. This report will summarize the City’s accomplishments for the period of July 1, 2023, to June 30, 2024.

In addition to the annual allocation the City receives from HUD each year, a separate allocation of $616,554 was provided through the passage of the CARES Act in 2020 that authorized HUD to distribute additional funding to entitlement communities to be used to fund programs that prevent, prepare for, and respond to coronavirus (COVID-19). These funds are designated as CDBG-CV funds. This year, the remaining CDBG-CV allocation was expended to fund the fourth year of the Senior Social Services Program in Response to COVID-19. The entire CARES Act allocation has now been disbursed to fund activities that provided assistance to the community in the response to COVID -19.

This document will provide the narratives and budget information for activities undertaken during 2023-24, as well as a summary of the progress towards achieving the goals of the Consolidated Plan.

The CAPER contains the following basic elements:

4 • HUD receives necessary information for the Department to meet its regulatory requirement to assess the City of Fountain Valley’s ability to carry out the CDBG Program in compliance with all applicable rules and regulations; • Required information for HUD’s Annual Report to the U.S. Congress; • The document outlines programs, projects, and activities that the City of Fountain Valley has undertaken to address priority needs and local objectives during Fiscal Year 2023-24;
• A detailed overview of all activities carried out using funds under HUD’s CDBG program and CDBG-CV program;
• Planned activities utilizing other funds including Fountain Valley Housing Authority funds; and
• It provides the City of Fountain Valley an opportunity to describe and disseminate to its citizens the many successes of the program in meeting the goals stated in the 2020-24 Consolidated Plan.

5 CR-05 - Goals and Outcomes
Progress the jurisdiction has made in carrying out its strategic plan and its action plan.

91.520(a)
This CAPER has been prepared to provide information to the residents of the City of Fountain Valley, interested persons, and HUD regarding the City’s use of federal grant funds to meet the priority needs identified in the City’s 2020-24 Consolidated Plan. The CAPER focuses on annual goals and accomplishments for the period of July 1, 2023, through June 30, 2024. This reporting period covers the fourth year of the 2020-24 Consolidated Plan cycle. (Note: Not all five-year goals were addressed during the 2023-24 report period).

During FY 2023-24, the City of Fountain Valley made good progress in working toward meeting the goals outlined in the 2020-24 Consolidated Plan. The impact of COVID-19 on the CDBG program has lessened dramatically however many modifications that were made to existing programs to comply with COVID-19 protocols, remain in place to prioritize community safety.

Highlights of the City’s accomplishments in implementing its FY 2023-24 Housing and Community Development Grant programs include:
• Owner Occupied Home Improvement – 9 grants, rebates, low-interest, deferred payment loans, and lead testing grants were completed for income eligible properties • Fair Housing Services - 132 individuals assisted
• Code Enforcement – 123 violations abated in CDBG eligible areas • Emergency Shelter and Services for Battered Women – 77 individuals/families assisted • Senior Services – 442 individuals assisted, 282 of those clients were assisted by the CDBG-CV funded Senior Social Services Program in Response to COVID-19 • Youth Services – 90 youth and their families assisted The CDBG-CV funds were specifically designated to fund programs and activities to prevent, prepare for, and respond to Covid-19 and were fully exhausted at the end of this fiscal year. The table below is a summary of the activities and accomplishments using the CDBG-CV funds:

Activity Funds Expended Number Assisted
Small Business Employee Retention
Grant (2020) $191,242 14 small business owners supporting 52 low-income employees Small Business Emergency
Assistance Grant (2021) $350,000 35 low-income small business owners Senior Social Services Program in
Response to Covid-19 for 3.5 years
(12/2020-6/2024)
$75,312 689 low-income seniors
Total $616,544
49 small business owners
52 low-income employees
689 low-income seniors

6 Comparison of the proposed versus actual outcomes for each outcome measure submitted with the Consolidated plan and explain, if applicable, why progress was not made toward meeting goals and objectives. 91.520 (g) Categories, priority levels, funding sources and amounts, outcomes/objectives, goal outcome indicators, units of measure, targets, actual outcomes/outputs, and percentage completed for each of the grantee’s program goals.

Table 1- Accomplishments – Program Year & Strategic Plan to Date Goal Category Source/
Amount
Indicator Unit of
Measure
Expected
5 Yr.

Strategic
Plan
Actual 5
Yr.

Strategic
Plan
5 Yr.

Percent
Complete
Expected
FY 23-24
Program
Year
Actual
FY 23-24
Program
Year
FY 23-24
Percent
Complete
Administration Administration CDBG:
$65,807
Other Other 5 4 80% 1 1 100%
Affordable
Housing
Development
Affordable
Housing
CDBG:
$0
Rental Units
Constructed
Household
Housing
Unit
50 50 100% 0 0 N/A
Code
Enforcement
Affordable
Housing
Code
Enforcement
CDBG:
$82,000
Housing Code
Enforcement/
Foreclosed
Property Care
Household
Housing
Unit
1250 733 59% 150 123 82%
Economic
Development
Non-Housing
Community
Development
Economic
Development
CDBG:
$0
CDBG-CV:
$0
Jobs created/
retained
Jobs 45 42 93% 0 0 N/A

7 Goal Category Source/
Amount
Indicator Unit of
Measure
Expected
5 Yr.

Strategic
Plan
Actual
5 Yr.

Strategic
Plan
5 Yr.

Percent
Complete
Expected
FY 23-24
Program
Year
Actual
FY 23-
24Progra
m Year
FY 23-24
Percent
Complete
Fair Housing
Report
Fair Housing
Report not
part of
Administrative
20%
CDBG:
$0
Other Other 1 0 0 0 0 N/A
Fair Housing
Services
Fair Housing
Services
CDBG:
$5,000
Other Other 350 492 103% 60 132 220%
Homeless
Services and
Housing
Homeless
Domestic
violence
shelter and
services
CDBG:
$13,800
Public service
activities other
than
Low/Moderate
Income Housing
Benefit
Persons
assisted
350 267 54% 55 77 140%
Housing Choice
Voucher –
Rental
Assistance
Affordable
Housing
Homeless
Rental
AssistanceOCHA
CDBG:
$0
Other Other 2100 1331 63% 440 432 98%

8 Goal Category Source/
Amount
Indicator Unit of
Measure
Expected
5 Yr.

Strategic
Plan
Actual
5 Yr.

Strategic
Plan
5Yr.

Percent
Complete
Expected
FY 23-24
Program
Year
Actual
FY 23-24
Program
Year
FY 23-24
Percent
Complete
Lead Based
Paint Hazard
Grant
Affordable
Housing
Lead Based
Paint Hazards
Testing
CDBG:
$7,500
Other Other 75 22 29% 15 2 13%
Neighborhood
Revitalization
Affordable
Housing
CDBG:
$256,791
Homeowner
Housing
Rehabilitation
Household
Housing
Unit
75 52 72% 15 7 47%
Services for
Disabled
Non-Homeless
Special Needs
Disable Adults
CDBG:
$6,500
Public service
activities other
than
Low/Moderate
Income Housing
Benefit
Persons
Assisted
50 32 64% 0 0 N/A
Services for
Frail/Elderly
Non-Homeless
Special Needs
Services for
Elderly/Frail
Elderly
CDBG:
$15,355
CDBG-CV:
$20,547
Public service
activities other
than Low/
Moderate
Income Housing
Benefit
Persons
Assisted
775 2093 270% 351 442 97%

9 Goal Category Source/
Amount
Indicator Unit of
Measure
Expected
5 Yr.

Strategic
Plan
Actual 5
Yr.

Strategic
Plan
5 Yr.

Percent
Complete
Expected
FY 23-24
Program
Year
Actual
FY 23-24
Program
Year
FY 23-24
Percent
Complete
Youth Services Non-Homeless
Special Needs
Youth Services
CDBG:
$15,500
Public service
activities other
than
Low/Moderate
Income Housing
Benefit
Persons
Assisted
475 363 76% 95 91 95%
Table 1- Accomplishments – Program Year & Strategic Plan to Date

10 Assess how the jurisdiction’s use of funds, particularly CDBG, addresses the priorities and specific objectives identified in the plan, giving special attention to the highest priority activities identified.

The following priorities are outlined in the five–year Consolidated Plan:
• Improve and preserve existing residential neighborhoods by implementing home, infrastructure, and public facility improvements, and code enforcement programs. • Address the needs of persons with special needs through the provision of financial assistance to PSAs, and the removal of architectural barriers to the physically challenged. • Provide affordable housing opportunities for renter households through an on-going partnership with the Orange County Housing Authority.
• Administer available federal, state and locally funded housing and community development grant programs, including providing fair housing services and ensuring compliance with applicable state and federal regulations.

Funding priorities for FY 2023-24 were established based on the extent of the need, the availability of other funding sources to address those needs, and whether a similar program was offered by other entities. The City has determined the most effective use of funds is to fund PSAs at the maximum 15% cap and to utilize the majority of remaining CDBG funds toward offering rehabilitation grants, rebates, and loans to income qualified residents to provide decent and sanitary housing and to provide code enforcement in CDBG eligible areas to ensure a suitable living environment.

The allocation of CDBG-CV funding through the CARES Act has allowed the city to provide additional assistance for public service agencies that provide activities that prevent, prepare for, or respond to coronavirus. Most of the funding was used to provide two small business grants to business owners effected by COVID-19. The remaining CDBG-CV funds were allocated to fund the fourth year of the Senior Social Services Program in Response to Covid that provided resources, referrals, and support to seniors in the community.

The City of Fountain Valley provides grants to a diverse group of PSAs who offer a variety of programs to assist low- and moderate-income households with services that they may not otherwise be able to afford. Services provided through the grant program included childcare scholarships, youth diversion services, congregate and home delivered meals for elderly, senior social services programs, and emergency and transitional shelter and educational services for domestic violence victims.

During the reporting period, 609 low- and moderate-income residents received services from the PSA’s participating in the City’s PSA grant program. The projected target was for a total of 605 persons to be assisted over the fiscal year. The juvenile diversion program received less referrals from schools over the year however the however as school schedules return to normality, and children are becoming accustomed to attending school in person, they are seeing the number of referrals increase. The Boys &

11 Girls Club, Meals on Wheels Home Delivered Program, and Interval House Domestic Violence Shelter all assisted 30% more clients than initially projected. The total expenditure for all PSA services was $84,372.05. Of that amount $32,248.05 was expended on the Senior Social Services in Response to COVID-19 Program funded by CDBG-CV which, per HUD regulations, may be funded for more than the 15% allowable for public services in the annual CDBG program.

The City of Fountain Valley administered several programs to assist low- and moderate-income households with affordable housing concerns. These programs all met or had higher projected outcomes possibly due to the community becoming more comfortable with COVID-19 concerns. The total expenditures for Housing Programs were $337,067.38 and included the following programs:
• Neighborhood Preservation Program - This program completed 7 single-family home and mobile home grants, loans, and rebates. There are an additional 11 grants, loans or rebates that have been approved and are in the pipeline to be completed in FY 24-25. The expenditures for this activity, including program administration, was $126,720.76. • Lead Based Paint Hazard Grant Program - This program grants funds necessary for the testing and remediation of lead-based paint hazards in the home. In 2023-24, two homes were tested for lead based paint hazards. The expenditure for the activity was $700.00. • Code Enforcement Program - This program helps preserve the housing stock by addressing municipal code violations in the designated low-mod census tracts that are showing signs of deterioration. In 2023-24, Code Enforcement abated 123 municipal code violation cases. The amount expended on this activity was $71,353.78
CDBG regulations allows no more than 20% of the total annual grant to go towards Administration of the CDBG entitlement grant. This amount includes the cost of the HUD requirement to provide fair housing services to city residents. For the fiscal year, a total of $48,920.79 was expended on administrative costs with an additional $5,000 spent to provide fair housing services to city residents through an agreement with Fair Housing Council of Orange County (FHCOC). The total cost of Administration of the FY 2023-24 entitlement allocation was $53,920.79.

FHCOC provided fair housing services that includes community education regarding issues such as fair lending practices, tenants’ rights, and housing discrimination. The FHCOC also investigates cases of home mortgage discrimination and other fair lending practices. Since the pandemic, FHCOC hosts virtual workshops regarding fair housing, for both landlords and tenants. They continue to be available via phone and email to assist residents as well as in-office appointments. FHCOC prepares an annual update to the Regional Analysis of Fair Housing Impediments (AI) report for the City of Fountain Valley, which can be reviewed in the attachments to this report. During FY 2023-24, FHCOC assisted 132 households with issues and questions regarding housing matters which was 76% higher than projected for the fiscal year. Further details can be reviewed in FHCOC’s Analysis of Impediments to Fair Housing

12 for FY 23-24 in the appendices of this report.

13 CR-10 - Racial and Ethnic composition of families assisted Describe the families assisted (including the racial and ethnic status of families assisted).

91.520(a)
CDBG
White 407
Black or African American 5
Asian 187
American Indian or American Native 0
Native Hawaiian or Other Pacific Islander 3
Total 602
Hispanic 122
Not Hispanic 490
Table 1 – Table of assistance to racial and ethnic populations by source of funds Narrative
Based on the data from Table 2, the racial breakdown of households assisted with CDBG funding is:
• White – 68%
• Black or African American - 0.8%
• Asian – 31%
• American Indian or American Native – 0%
• Native Hawaiian or Other Pacific Islander - 0.3%
Of the 602 families, 20% identified as Hispanic.

The Vintage 2022 United States Census Bureau estimates from July 2022 approximates the following racial breakdown for the City of Fountain Valley:
• White – 46.7 %
• Black or African American - 0.4%
• Asian – 37.3%
• American Indian/Native Alaskan - 0.3%
• Other- 15.3%
• Identify as Hispanic - 16.7%
According to the Consolidated Plan, no racial or ethnic group is disproportionately experiencing HUD

14 identified “housing problems.” For this report period, if you consider that numerous people identify as bi-racial (other), which is oftentimes white and another race, it appears that all racial groups and ethnicities are using services in an amount consistent with the percentages of population within the city.

15 CR-15 - Resources and Investments 91.520(a)
Identify the resources made available
Source of Funds Source Resources Made
Available
Amount Expended
During Program Year
CDBG public - federal $500,000.00 $299,879.45
Other / CDBG-CV public - federal $32,248.05 $32,248.05
CDBG Program Income public - federal $4,939.88 $4,939.88 Table 2 - Resources Made Available
Narrative
The FY 2023-24 Action Plan estimated a budget of $532,248 to fund CDBG activities for this reporting period. This amount included the current year allocation, additional funds from prior year’s allocations that had not yet been spent, and CDBG-CV funds. This year, one rehabilitation loan was paid off in the amount of $4,839.88 (original loan + 0% interest). The funds were receipted as program income, and spent prior to spending the regular CGBG allocation, in compliance with HUD regulations.

Identify the geographic distribution and location of investments Target Area Planned
Percentage of
Allocation
Actual Percentage
of Allocation**
Narrative
Description

CDBG ELIGIBLE EXCEPTION
CRITERIA 0 0 N/A
CDBG/Code Enforcement Eligible
Exception Criteria 25 21 Code Enforcement
City-Wide 75 79 All other activities
Table 3 – Identify the geographic distribution and location of investments Narrative
As reflected in Table 3, the majority of CDBG funds were distributed city-wide. Both the PSA program and the Neighborhood Home Improvement Program services are not limited to the CDBG eligible areas. This is because areas of the city outside of the CDBG target areas can benefit from the programs if they meet the eligibility criteria. Eligibility is established by household income and household size. City staff reviews income and household data when determining eligibility for the Neighborhood Improvement Program and PSA’s collect the same data from their clients. Most the City’s PSA grant recipients serve groups that are presumed low-income by HUD definitions, so clients do not need to provide proof of income. Program

16 administration is also expended on a citywide basis.

Code enforcement numbers in CDBG eligible areas remain consistent. Staff is finding that many cases are becoming more complex, particularly building code, and building permit violations, and are taking more of staff time to bring properties into compliance. A map of CDBG-eligible areas is provided in the attachments at the end of the report.

Leveraging
Explain how federal funds leveraged additional resources (private, state, and local funds), including a description of how matching requirements were satisfied, as well as how any publicly owned land or property located within the jurisdiction that were used to address the needs identified in the plan.

The CDBG Program is leveraged by various funding sources. The highest ratio of leveraging CDBG funds is the PSA Program. Many of the non-profit organizations receive funds from a variety of federal, state, local and private sources. The CDBG funds they receive from the city are generally a very small portion of their overall funding. PSA organizations provide the greatest return for the amount of CDBG funds spent due to their ability to leverage the CDBG funds with their overall funding. This leveraging allows low-income Fountain Valley residents access to services, at no cost, that they may not have an opportunity to receive otherwise. The services include programs for battered women and children, youth criminal diversion programs, youth services, and senior services.

To help offset PSA program costs for grant recipients, the city provides use of the Senior Center for the senior meal program and the senior social services program and provides office space at the police department for the youth criminal diversion program. This is an example of how the city used publicly owned facilities to assist in addressing the needs identified in the plan.

Examples of other leveraged funds come from the Home Improvement Program. Eligible lowincome homeowners can use their personal funds to pay for a rehabilitation project and will receive 50% of their costs back in CDBG funds, per program policy, in the form of a rebate. Code Enforcement CDBG funds are also leveraged by general funds.

The city does not participate in any programs that have matching requirements.

17 CR-20 - Affordable Housing 91.520(b)
Evaluation of the jurisdiction's progress in providing affordable housing, including the number and types of families served, the number of extremely low-income, low-income, moderate-income, and middle-income persons served.

One-Year
Goal
Actual
Number of Homeless households to be provided affordable housing units 0 0 Number of Non-Homeless households to be provided affordable housing units 0 0
Number of Special-Needs households to be provided affordable housing units 0 0
Total 0 0
Table 4 – Number of Households
One-Year
Goal
Actual
Number of households supported through Rental Assistance 440 432 Number of households supported through The Production of New Units 0 0 Number of households supported through Rehab of Existing Units 15 7 Number of households supported through Acquisition of Existing Units 0 0 Total 455 439
Table 5 – Number of Households Supported
Discuss the difference between goals and outcomes and problems encountered in meeting these goals.

The City collaborates with Orange County Housing Authority who administers the voucher assistance program for the city. This ensures that rental assistance is made available to the most disadvantaged households in the city and helps provide rental assistance to special needs populations to ensure they have affordable housing. As Table 5 shows, the number of vouchers issued was just slightly lower than the one–year goal.

As noted on Table 5, the city reached about 50% of its annual goal for the projected number of projects supported through the Rehab of Existing Units. This year the program has been hindered by staffing issues which has slowed down the application process. The Home Improvement Program currently has numerous projects in the application process at the end of the fiscal year that are anticipated to obtain approval in FY24-25. The City continues to receive a good number of applicants and reviewing applications to approve qualified low-income candidates and determining the scope of work for each project, takes a significant amount of time. Staff continued to market the Home Improvement Program

18 by posting program information and availability on the City’s social media pages and website, posting flyers at the Senior Center, asking City Council members, Commissioners and Board members to disseminate information on the program, publishing articles in community newsletters, and mailing targeted letters to homes with deferred maintenance. One of the most effective means of advertising is word of mouth from satisfied participants. We have found this to be the most valuable way that qualified residents find out about the program.

Discuss how these outcomes will impact future annual action plans.

The FY 2023-24 CDBG program outcomes show that the activities funded were successful in assisting low-income households in the city. In future plans, the city will continue to focus on providing grants to a wide variety of PSAs to assist the underserved, and to offer grants, rebates, and loans to low-income homeowners for rehabilitation of their homes, as the city has had measured success with these programs.

Code enforcement in eligible areas will also be utilized, as it continues to be an effective tool to address issues of deteriorated or deteriorating properties, and to ensure that all properties obtain building permits when required, to support the safety of all residents. Code enforcement also helps in the marketing of the Home Improvement Program as they provide information of the availability of funds to residents who are oftentimes unaware of the existence of the programs.

While CDBG funds can be used to assist with renovations and creation of new public facilities and capital projects in targeted neighborhoods, the city has determined that other community needs like housing and human services are a higher priority and can be more successfully addressed with the limited amount of CDBG funds that are available.

Include the number of extremely low-income, low-income, and moderate-income persons served by each activity where information on income by family size is required to determine the eligibility of the activity.

Number of Households Served CDBG Actual HOME Actual
Extremely Low-income 0 N/A
Low-income 9 N/A
Moderate-income 0 N/A
Total 9 N/A
Table 6 – Number of Households Served
Narrative Information

19 City of Fountain Valley funds programs and projects through the PSA Grant Program, Neighborhood Revitalization Program, and by contracting with Fair Housing Council of Orange County to provide services to households with income levels that are 80% or less of the median County income.

Of the 9 projects funded through the City’s Neighborhood Revitalization Home Improvement Program, 44% had incomes at between 31-50% of the Orange County median income and the remaining 56% were between 51% and 80% of the Orange County median income. 33% of the households were disabled, 56% were elderly, and 56% were female head of households. All households assisted in the Home Improvement Program were owner-occupied households as required by program policy. The households assisted by the City’s Neighborhood Revitalization Program are reflected in Table 6. 432 vouchers for rental assistance were provided by OCHA in Fountain Valley. This includes regular Housing Choice Vouchers, Veterans Affairs Supportive Housing Vouchers, Non-Elderly Disabled Vouchers, Family Unification Vouchers, Family Self-Sufficient Vouchers and Port-in Vouchers from other Housing Authorities. Of this amount, 321 vouchers were for elderly households and 51 were for disabled households. All OCHA voucher recipients qualify as low-income as shown in Table 6.

Interval House Domestic Violence Shelter assisted 77 domestic households which is 150% of the number of clients they projected to assist. Per HUD regulations, domestic violence victims in need of emergency shelter are counted in public service agency accomplishments and do not fit the definition of homeless that are accounted for in Table 4.

Outside of the CDBG program, the Fountain Valley Housing Authority provided funding for a 50-unit affordable housing apartment complex that has eight units set aside for permanent supportive housing for Veterans Affairs Supportive Housing (VASH) recipients. This new affordable housing complex, named Prado Family Homes, is available to extremely low and very low-income households and addresses “worst case needs” for low-income households in the community. The project has been fully occupied since June 2022.

The City also monitors 74 affordable for-purchase owner occupied units, 156 senior affordable apartments, and 64 all-age affordable rental apartments to ensure they continue to comply with affordability restrictions.

20 CR-25 - Homeless and Other Special Needs 91.220(d, e); 91.320(d, e); 91.520(c) Evaluate the jurisdiction’s progress in meeting its specific objectives for reducing and ending homelessness through:

Reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs
The number of persons experiencing homelessness in the City of Fountain Valley, tallied in the 2024 Point in Time (PIT) count, was 114 unsheltered and zero sheltered persons. The City continues to contract with City Net to address the need for specialized homeless outreach. City Net provides homeless housing navigation services to persons experiencing homelessness in Fountain Valley and assists them in connecting to shelter and housing. City Net is one of the largest and most effective providers of street outreach and engagement services in southern California and has successfully provided services to many neighboring communities. City Net offers several programs to assist persons experiencing homelessness such as:
• Street Outreach
• Engagement Services
• Housing Navigation
• Case Management
• Transportation
• Emergency Health/Mental Health
• Services for Special Populations
• Food and Emergency Services
• Housing First
• Trauma-Informed Care
City Net’s expertise is direct client contact and currently has engagement contacts with 182 homeless clients in Fountain Valley educating them on services and housing options that are available to them.

They have successfully transitioned 56 clients to emergency shelter and 3 to permanent housing over the past year. City Net services are funded outside of the CDBG program.

The Fountain Valley Police Department continues to fund two full-time Homeless Liaison Officers (HLO) dedicated to homeless intervention and education and work alongside City Net. City Net services and the HLO’s are funded outside of the CDBG program.

The city continues to support the County of Orange in its Continuum of Care Program (CoC) that administers the homelessness strategy on a countywide approach. The CoC has restructured its governance so that functions are performed by either the Continuum of Care Board or the Commission to End Homelessness. They have also done extensive updating of their data initiatives to better assess

21 the information collected to assist in implementing programs in the most efficient and cost-effective manner.

Addressing the emergency shelter and transitional housing needs of homeless persons In 2022, the city entered a partnership with the neighboring cities of Garden Grove and Westminster, and the County of Orange, to develop and operate the Central Cities Navigation Center (CCNC). The CCNC opened in June of 2024 and provides an 85-bed emergency shelter with wrap around social services to individuals experiencing homelessness. The city has 13 dedicated beds available for the unhoused in the city with the flexibility to have more if needed.

Along with the availability of the CCNC, City Net continues to provide housing search and placement services for eligible clients, and they have the resources to locate, and place clients in emergency and transitional housing, throughout the county. City Net and FVPD are also able to refer individuals to the Yale Navigation Center in Santa Ana that is one-half mile outside of Fountain Valley. Yale Navigation Center is a 425-bed interim housing site that provides shelter and supportive services for individuals experiencing homelessness in Orange County.

City Net’s programs are aligned with Housing First principals which means they place persons experiencing homelessness into decent, safe housing, before addressing other issues like stabilizing health, reducing harmful behaviors, or increasing income. City Net believes that by using this approach, ensuring that housing is addressed first, allows clients to focus on other pressing issues in order to get stabilized and back to becoming contributing members of society.

In addition to City Net’s services and FVPD efforts, the City allocated CDBG funds to Interval House through the PSA grant. Interval House offers emergency and transitional housing to domestic violence victims who would otherwise be homeless. Last year Interval House assisted 73 women with emergency shelter and support. They also provide the city with 24-hour crisis counseling and community outreach and education. In-person client services and community outreach were reduced due to COVID-19 safety protocols over the past few years but are starting to schedule more in-person educational events.

Helping low-income individuals and families avoid becoming homeless, especially extremely low-income individuals and families and those who are: likely to become homeless after being discharged from publicly funded institutions and systems of care (such as health care facilities, mental health facilities, foster care and other youth facilities, and corrections programs and institutions); and, receiving assistance from public or private agencies that address housing, health, social services, employment, education, or youth needs The City, via City Net, makes referrals to the County of Orange Continuum of Care Coordinated Entry System (CES) that has established a coordinated system that paves the way for more efficient homeless assistance. Their program helps people move through the system faster by quickly matching them with

22 the appropriate assistance program, and by providing prevention and diversion resources upfront that can oftentimes prevent homelessness. Coordinated Entry is one essential piece of a broader housing crisis resolution system that rapidly returns people who experience homelessness to stable housing. Other elements include shifting investments towards interventions that achieve the best housing results and removing barriers such that there is an appropriate and effective housing intervention for everyone who needs one.

To further assist connecting people experiencing homelessness with additional supportive services offered in Orange County, 2-1-1 Orange County or www.211oc.org has created a “Comprehensive Resource Guide for Orange County”. This virtual one-stop resource guide puts clients in contact with organizations offering supportive services such as substance abuse treatment, mental health services, veterans services, health care, employment services, legal services, disability services, senior services, transportation, and shower facilities. Staff routinely makes referrals to 2-1-1 Orange County for those clients seeking information.

During the 2023-24 reporting period, Fountain Valley allocated the maximum allowable amount of CDBG funds to public service programs. While some of the organizations funded do not directly serve the homeless, many of their activities help prevent homelessness. These activities include counseling programs for victims of domestic violence and at-risk youth, youth services, and senior services. The City’s Home Improvement Program also prevents potential homelessness by offering grants, rebates, and loans to low-income, owner-occupied households, to pay for repairs to their property that allows them to stay in their homes longer.

Helping homeless persons (especially chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) make the transition to permanent housing and independent living, including shortening the period of time that individuals and families experience homelessness, facilitating access for homeless individuals and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again
The 2024 Point in Time Count was conducted in January of 2024 and Fountain Valley had 114 unsheltered homeless and zero in shelters at that time. Unsheltered homeless are classified as “worstcase housing needs” in the community. As previously discussed, the city provides homeless services via the homeless service provider, City Net, to assist the FVPD HLO’s in trying to move these clients off the street, and into the CCNC or other transitional or permanent housing. One issue that they often encounter in offering assistance, is the fact the homeless population in the City is somewhat transient.

Many homeless, including those living in vehicles, may be in the city one day, and gone the next. City Net and/or the HLO may initiate contact with homeless individuals to offer services, and later they cannot be located for follow up.

23 As previously discussed, outside of the CDBG program, the Fountain Valley Housing Authority has provided funding for the 50-unit affordable housing apartment complex, Prado, that has eight units set aside for permanent supportive housing for Veterans Affairs Supportive Housing (VASH) recipients. This new affordable housing complex is available to extremely low and very low-income households and address “worst case needs” for low-income households in the community.

Additionally, the OCHA provided eight Emergency Housing Vouchers, nine Continuum of Care Permanent Supportive Program Vouchers, and 19 VASH certificates to Fountain Valley households to assist individuals that are experiencing homelessness or at risk of becoming homeless.

The FVPD also refers victims of domestic violence that have become unexpectedly homeless, to emergency shelters. Interval House is funded through the CDBG program to provide emergency and transitional housing for city residents affected by domestic violence and assisted 77 households during this reporting period.

24 CR-30 - Public Housing 91.220(h); 91.320(j)
Actions taken to address the needs of public housing
There are no public housing units located in the City of Fountain Valley.

The City collaborates with OCHA to provide affordable housing opportunities through the provision of HUD’s Housing Choice Voucher (formerly Section 8 Rental Assistance) to extremely low and very lowincome persons/households including seniors, disabled persons, and persons with special needs. In 2011, the City’s Housing Authority passed a resolution to authorize the Orange County Housing Authority to continue to provide Housing Choice Vouchers in its Areas of Operation within the City of Fountain Valley. In FY 2023-24, 432 vouchers were issued to Fountain Valley households.

Actions taken to encourage public housing residents to become more involved in management and participate in homeownership
There are no public housing units located in the City of Fountain Valley; therefore, no actions are being taken.

Actions taken to provide assistance to troubled PHAs
There are no public housing units located in the City of Fountain Valley; therefore, no actions are being taken.

25 CR-35 - Other Actions 91.220(j)-(k); 91.320(i)-(j)
Actions taken to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment. 91.220 (j); 91.320 (i) The major barrier to achieving affordable housing goals is the exorbitant cost of existing housing and the increasingly high cost of housing construction and land costs. Another major factor is the lack of available land that would produce an economically viable option for production of housing for low- and moderate-income households.

In the 2021-29 Housing Element, the city made new land available for housing development at higher densities that are expected to result in the addition of affordable housing units. The City is currently in discussion with four property owners that are moving forward with new residential developments that are expected to yield approximately 2,000 new additional homes.

In 2024, the City Council passed an Inclusionary Ordinance requiring all new housing developments with 10 or more units to provide 15% of the units to low-income households to provide more affordable housing in the community. The anticipated 2,000 new homes will be subject to the new ordinance.

In 2017, in an effort to identify land readily available for affordable housing, the City modified the Harbor Boulevard South Island Specific Plan to allow affordable housing units to be developed by right. An affordable housing developer purchased vacant land in the specific plan area, built a 50-unit affordable housing apartment complex, which was fully leased up in 2022. This is the Prado project mentioned earlier in this report. The complex has eight units dedicated to Permanent Support Housing for VASH recipients and the remainder to primarily extremely low and very low-income households. The VA provides social services on site for the veterans and Life steps Social Service Agency provides services for the remaining units. Lifesteps services are targeted to the tenant population to ensure that the services provided serve the best interests of the tenants.

To further remove barriers to transitional and supportive housing, the City Council passed an ordinance in 2016 permitting transitional and supportive housing by right in all residential zones in an attempt to dissolve barriers to their operation in the city.

Actions taken to address obstacles to meeting underserved needs. 91.220(k); 91.320(j) The City utilizes its entire PSA budget to fund services for underserved individuals in our community. The PSA Grants provide CDBG funds to agencies that have programs for many of the underserved communities including the low and moderate-income elderly, domestic violence victims and youth.

26 To assist the underserved elderly frail/elderly population, the City monitored 154 units of rental housing for very low and low-income seniors and collaborated with the Orange County Housing Authority who provided Housing Choice Vouchers to 432 very low-income seniors. The City provided CDBG funds through the PSA Program to: Meals on Wheels that delivered meals to 39 homebound seniors and provided congregate meals at the senior center for 121 low-income city residents. The Congregate Meal program has reopened as an in-person sit down lunch service as it was prior to COVID. Attendance has receded since the pandemic receded but continues to be strong showing the need for food assistance programs for the seniors in the community.

The fourth year of the Senior Social Services Outreach Program in Response to COVID-19 continued to be successful. This program allows seniors to get virtual, phone and in-person services to locate needed services and obtain referrals to social service programs and agencies. The program addresses issues that seniors need help with and connects them with programs that can provide specialized assistance. Many seniors are still isolating due to concerns about COVID, and this program helps them connect with services and counseling to hopefully alleviate their concerns or educate them in healthy ways to deal with it. 282 people requested assistance from this program.

The city also provides referrals to County programs that are designed to provide a level of care that allows persons with low incomes to receive assistance such as food, shelter, medical needs. There are also private efforts that the city collaborates with such as low-income utility discount programs.

Through the partnership with Orange County Housing Authority, 432 Housing Choice Vouchers were provided to low-income individuals, including many with physical and mental disabilities. Additionally, the city continued to ensure all accessibility features are installed during construction of new housing units in compliance with Fair Housing requirements.

Actions taken to reduce lead-based paint hazards. 91.220(k); 91.320(j) The City provides lead-based paint hazard testing and/or risk assessment for home rehabilitation applicants whose homes were built pre-1978 utilizing CDBG funds.

The city will continue to provide Lead Based Paint Hazard Grants to approved rehabilitation program recipients as part of home improvement program, in compliance with HUD requirements. If a home tests positive for lead in a project area, the grant will also provide funds for abatement. In FY 2023-24, two homes were tested for lead-based paint hazards
Some properties receiving assistance were tested for lead in the previous fiscal year or were exempt from the lead testing requirement due to being built after 1978.

Actions taken to reduce the number of poverty-level families. 91.220(k); 91.320(j)

27 According to 2022 Census data estimates, the percentage of the population with income beneath the poverty level in the State of California was 11.5% and in the whole USA, 12.8%. In comparison, the estimated percentage of residents in Fountain Valley with income below the poverty line was 8.8%.

The city utilizes its entire public service budget to supply grants that assist underserved individuals, which includes residents living below poverty level. The Public Service Program provides programs for low and moderate-income elderly, domestic violence victims, and youth and their families that they might not otherwise be able to afford. The City additionally provides grants, rebates and low interest deferred payment loans to low-income homeowners to assist with any necessary repairs on their owner-occupied property, to keep their properties safe and sanitary.

The city also supports many County programs that are designed to provide a level of care that allows persons with extremely low incomes and below to receive assistance such as food, shelter, medical needs. This includes collaborating with private companies to support programs such as low-income utility discount programs. The city continues its partnership with OCHA to provide rental assistance to low-income households.

Actions taken to develop institutional structure. 91.220(k); 91.320(j) The City of Fountain Valley’s Community Development Department serves as the lead agency for the implementation of all programs/projects/activities outlined within the Consolidated Plan and subsequent Annual Action Plans. The department is comprised of the Housing and Community Development (HCD) Division, Building Division, Code Enforcement, and the Planning Division.

Additionally, the city continued to participate in efforts to work collectively and cooperatively with other Orange County jurisdictions by participating in countywide efforts for all housing programs.

Actions taken to enhance coordination between public and private housing and social service agencies. 91.220(k); 91.320(j)
The City of Fountain Valley does not operate any public housing; however, relationships with both private for-profit developers and non-profit public service providers remain active as the city continues to implement its community development programs. To maintain and enhance existing relationships between public, private and non-profit organizations, the City of Fountain Valley will continue to participate in all local and regional information and referral meetings between agencies. As discussed earlier, the city provides funding to several non-profit social service agencies through the Public Service Agency Grant program.

The city continues to support and encourage efforts of the OCHA to coordinate private housing resources and social service agencies’ programs.

28 Identify actions taken to overcome the effects of any impediments identified in the jurisdictions analysis of impediments to fair housing choice. 91.520(a) The City of Fountain Valley collaborated with all Orange County cities and the County of Orange to develop a Regional Analysis of Impediments (AI) to Fair Housing Choice for the 5-year period that covers HUD program years 2020-2024. The AI provides: 1) an overview of laws, regulations, and administrative policies and procedures; 2) an assessment of how those laws affect the location, availability, and accessibility of housing; and 3) an assessment of conditions, both public and private, affecting fair housing choice.

In the 2020-2024 AI the City of Fountain Valley had a specific goal to explore the need for an Inclusionary Ordinance. This goal was completed and resulted in the passing of an Inclusionary Ordinance that requires all new 10 unit or more housing developments to make 15% of the units available for low-income households.

To ensure Fountain Valley residents have no-cost access to expert advice regarding fair housing, the City funds Fair Housing Council of Orange County (FHCOC) who provides Fair Housing services to the community. During FY 2023-24, FHCOC handled a total of 132 general housing and discrimination complaints and inquiries from City residents and property owners. 426 possible violations were received from the 132 inquiries. The most common complaints were regarding rental agreements (106), household repairs (54), and 30-day and 60-day notice questions (38). FHCOC was able to assist all residents with their issues without making any outside referrals.

FHCOC provides an annual report detailing the City’s and FHCOC significant accomplishments addressing Fair Housing. The Fair Housing Council of Orange County Analysis of Impediments FY 2023-24 Accomplishments report is attached.

29 CR-40 - Monitoring 91.220 and 91.230
Describe the standards and procedures used to monitor activities carried out in furtherance of the plan and used to ensure long-term compliance with requirements of the programs involved, including minority business outreach and the comprehensive planning requirements
HCD Staff - The HCD department prepares an annual report, known as the CAPER, which includes a financial analysis of all HUD, funded activities and programs and an evaluation of each program’s performance in meeting its programmatic expenditure goals and outcomes.

Staff monitors every project, including home rehabilitation and PSAs, to ensure compliance with CDBG regulations. Staff conducts on-site annual audits for all sub-grantees and on- site progress inspections throughout each home rehabilitation project and uses specific checklists for each program. Reasonable accommodation is made for non-English speakers and persons with disabilities if requested.

Housing and Community Development Advisory Board – The Housing and Community Development Advisory Board (HCDAB) meets on a regular basis to review programs and procedures related to the CDBG. Each year, the HCDAB is presented with the CAPER for review.

City Council - The City Council reviews the CAPER on an annual basis and conducts a public hearing to receive comments from stakeholders and the public.

Quarterly Reports: - On a quarterly basis, the HCDAB is presented with a report that summarizes the accomplishments of PSAs funded under the City’s PSA Grant program.

IDIS: - Integrated Disbursement and Information System – The Finance Department approves staff to make the draw of funds from HUD to ensure all expenses are inputted prior to draw.

30 Citizen Participation Plan 91.105(d); 91.115(d)
Describe the efforts to provide citizens with reasonable notice and an opportunity to comment on performance reports.

Public Hearings are conducted in person and information is provided to the public on how to watch City Council meetings online if they chose not to attend in person. Reasonable accommodation can be made for non-English speakers and persons with disabilities if requested.

A Notice of Availability of the City of Fountain Valley’s FY 2023-24 CAPER and dates of public meeting and public hearing was published in The Orange County Register on August 22, 2024. The FY 2023-24 CAPER was made available to the public for a 15-day+ period commencing on August 30, 2024, and ending on September 16, 2024. The Public Notice advised of a public meeting in front of the HCDAB on September 4, 2024, and a public hearing in front of the City Council on September 17, 2024. The draft CAPER was posted on the City of Fountain Valley’s website, at City Hall, the FV Recreation Center, the Fountain Valley Branch of the Library, and available via email request. The Public Notice provided an email address for public comment for those not wanting to attend in person or mail in comments and advised how to view the Council meeting online.

A public meeting of the HCDAB meeting was held on September 4, 2024, to review the draft FY 2023-24 CAPER. The meeting agenda was noticed at City Hall and the Recreation Center and was additionally posted on the City’s website. The HCDAB forwarded a recommendation to City Council to approve the CAPER and submit the report to HUD. No public comments were received.

A public hearing was held in the City of Fountain Valley Council Chambers on September 17, 2024, before the Fountain Valley City Council, to review the draft FY 2023-24 CAPER and to receive public comments. The meeting agenda was noticed at City Hall and on the city website. City Council meetings are available to stream on the City’s website. An email was provided to obtain citizen input on the CAPER for those not able to attend. The Fountain Valley City Council unanimously voted to approve the CAPER and submit it to HUD. No public comments were received. (TBD) Summary of Public Comments
No public comments were received for the FY 23-24 CAPER. (TBD)

31 CR-45 - CDBG 91.520(c)
Specify the nature of, and reasons for, any changes in the jurisdiction’s program objectives and indications of how the jurisdiction would change its programs as a result of its experiences.

The City of Fountain Valley has completed the fourth year of the 2020-24 five-year Consolidated Plan. The City made effective strides towards meeting its goals as laid out in the Consolidated Plan. The projects identified in the Con Plan will continue to be implemented to benefit low and moderate-income households in the city.

The CARES Act CDBG-CV funds were exhausted at the end of this fiscal year. During the pandemic there was a spike in specialized needs for many seniors, and the Meals on Wheels and Senior Social Services Program had much greater attendance. In FY23-24 the numbers of clients decreased, although the programs were still well attended to pre-pandemic levels.

The only anticipated change to the program is that the Senior Social Services Program in Response to COVID-19 will no longer be funded through CDBG as the CDBG-CV funds have been exhausted.

Does this Jurisdiction have any open Brownfields Economic Development Initiative (BEDI) grants?
No
[BEDI grantees] Describe accomplishments and program outcomes during the last year.

32 CR-58 – Section 3
Identify the number of individuals assisted and the types of assistance provided Total Labor Hours CDBG HOME ESG HOPWA HTF
Total Number of Activities 0 0 0 0 0
Total Labor Hours 0
Total Section 3 Worker Hours 0
Total Targeted Section 3 Worker Hours 0
Table 6 – Total Labor Hours
Qualitative Efforts - Number of Activities by Program CDBG HOME ESG HOPWA HTF Outreach efforts to generate job applicants who are Public Housing Targeted Workers 0
Outreach efforts to generate job applicants who are Other Funding Targeted Workers. 0
Direct, on-the job training (including apprenticeships). 0 Indirect training such as arranging for, contracting for, or paying tuition for, off-site training. 0
Technical assistance to help Section 3 workers compete for jobs (e.g., resume assistance, coaching). 0
Outreach efforts to identify and secure bids from Section 3 business concerns. 0
Technical assistance to help Section 3 business concerns understand and bid on contracts. 0
Division of contracts into smaller jobs to facilitate participation by Section 3 business concerns. 0
Provided or connected residents with assistance in seeking employment including: drafting resumes, preparing for interviews, finding job opportunities, connecting residents to job placement services. 0 Held one or more job fairs. 0
Provided or connected residents with supportive services that can provide direct services or referrals. 0
Provided or connected residents with supportive services that provide one or more of the following: work readiness health screenings, interview clothing, uniforms, test fees, transportation. 0 Assisted residents with finding childcare. 0
Assisted residents to apply for or attend community college or a four year educational institution. 0
Assisted residents to apply for or attend vocational/technical training. 0 Assisted residents to obtain financial literacy training and/or coaching. 0 Bonding assistance, guaranties, or other efforts to support viable bids from Section 3 business concerns. 0
Provided or connected residents with training on computer use or online technologies. 0
Promoting the use of a business registry designed to create opportunities for disadvantaged and small businesses. 0

33 Outreach, engagement, or referrals with the state one-stop system, as designed in Section 121(e)(2) of the Workforce Innovation and Opportunity Act.
0 Other. 0
Table 7 – Qualitative Efforts - Number of Activities by Program Narrative
The City did not conduct any activities required to meet Section 3 regulations.

34 ATTACHMENTS

35 FAIR HOUSING COUNCIL

OF ORANGE COUNTY

ANALYSIS OF IMPEDIMENTS
FY 2023-24

ACCOMPLISHMENTS

36 During the 2023-2024 report period the City of Fountain Valley took the following actions (on its own or in cooperation with regional partners and the Fair Housing Council of Orange County (FHCOC)) to overcome impediments to fair housing choice identified in the regional AI:
 Fair Housing Community Education – During 2023-2024, the FHCOC regionally conducted or participated in 13 virtual and 49 in-person education and/or outreach activities, reaching a culturally and ethnically diverse audience, in which they made participants aware of fair housing laws and counseling services (including services to help households improve their readiness for a home purchase). As a result of practices that became commonplace and accepted due to the COVID-19 pandemic, the use of virtual education remained a major component during the 2023-2024 period, especially for workshop presentations. All of the 13 virtual activities were not specific to only residents of Fountain Valley, but they were all available to those residents.

Regionally, about 1,750 people were contacted or served by these activities. Through its various regional outreach efforts FHCOC distributed over 17,900 information pieces on fair housing, its services, and other housing-related topics, in either English, Spanish or Vietnamese. Most of these items were distributed either directly or via mail or bulk delivery, while some were delivered electronically. Additionally, throughout the Southern California region FHCOC held 10 virtual training sessions for rental property owners/managers, with another 7 presented in person, with most involving managers and owners with properties in Orange County. FHCOC also presented 2 virtual fair housing seminars for housing providers in cooperation with the Apartment Association of Orange County (AAOC). Eleven general fair housing workshops intended for participation by either housing consumers or providers, or both, were provided throughout Orange County. Because 7 these were virtual, they were not specific to residents of Fountain Valley, but they were largely available to those residents.  Fair Housing Enforcement – On a regional basis, FHCOC staff performed 145 intakes regarding fair housing issues, which resulted in the receipt of 93 allegations of housing discrimination and the opening of 37 case files where the allegations seemed sufficiently meritorious to warrant further investigation and/or action. We also counseled or informed another 108 clients regarding fair housing law and/or rights. Two allegations arose from Fountain Valley, but neither resulted in the opening of a case. On a regional basis, FHCOC also conducted 121 paired telephonic, systemic tests for discriminatory rental housing practices. Five systemic rental tests involved locations in Fountain Valley. Regionally an additional 13 paired telephonic tests of housing providers to determine possible source of income (SOI) discrimination were conducted. Regionally, 10 real sales tests and 10 paired telephonic systemic pre-application tests of lenders were conducted. While the lending testing

37 previously would have normally been conducted in person, protocols and behaviors initiated by COVID-19 pandemic restrictions have made telephone contact with loan officers commonplace. In Fountain Valley 2 real sales and 2 lending tests were conducted.

Furthermore, 16 paired telephonic and relay operator supported tests were conducted regionally to assess possible discrimination against housing seekers who are deaf or hard of hearing. We also conducted 3 assessments of compliance with accessibility requirements for persons with disabilities at covered multi-family properties built within the last two years.  Housing Dispute Evaluation & Resolution – On a regional basis, activities provided by FHCOC included assisting 3,133 unduplicated households addressing 11,021 issues, disputes and/or inquires. Of these, 132 unduplicated households, involving 420 issues, disputes and/or inquires, were from Fountain Valley.
 Reasonable Accommodations – On a regional basis, 14 inquiries regarding reasonable accommodations and modifications were received by FHCOC that resulted in casework beyond basic counseling. None of the inquiries arose from Fountain Valley. Overall, 6 of the 14 clients requested and received a reasonable accommodation. Two clients did not follow through in process, 1 client’s request was deemed not implementable, and the outcome for 5 others, including 1 modification request, were pending at the end of the program year.

Regionally, another 17 households were counseled on issues involving reasonable accommodation of a disability-related need at their housing.  Web-based Outreach – FHCOC’s website currently has an on-line housing discrimination complaint-reporting tool that generates an email to FHCOC. It is also used for other, nondiscrimination, housing-related issues. The City of Fountain Valley has a website link to the FHCOC website where residents can access this information.  Monitoring On-line Advertising – Orange County rentals listed on Craigslist were monitored by FHCOC for discriminatory content (as permitted by staffing limitations).

Any discriminatory advertisements were flagged as prohibited and FHCOC responded to these ads through Craigslist’s reply mechanism in order to inform the poster of possible discriminatory content. In most instances it was not possible to identify the property address and the identity of the individual making the posting. When possible FHCOC also brought these ads to the attention of Craigslist to hasten their removal, although the Craigslist reporting mechanism is no longer simple. When investigation was found to be feasible, the ad was referred to FHCOC’s investigators for possible enforcement action. Other on-line rental advertising sites (e.g., OC Register, LA Times, Westside Rentals, Zillow, etc.) were sporadically monitored; however, the lack of an efficient text search function on these sites made monitoring them less practical.

Without exception, among the ‘apt / housing’ Craigslist rental listings, the identified problematic postings indicated restrictions with regard to children under the age of 18 or improper preference for seniors or ‘older adults’ for housing opportunities that did not

38 appear to qualify as housing for older persons (age 55 and over). Overt racial or national origin discrimination in postings was not observed. Advertising in the ‘rooms / shared’ area of Craigslist was observed to have a higher incidence of stated preferences that violated fair housing law. However, due to the practical aspects of resource limitations and case law considerations of shared housing situations, most were not acted upon.

With the change in California law effective January 1, 2020, that expanded ‘source of income’ protections to individuals who use forms of housing rent assistance, such as the Housing Choice Voucher (often called ‘Section 8’), FHCOC had previously identified numerous Craigslist postings that contained discriminatory language regarding the use of housing rental assistance during 2020. In the 2023-2024 program year, FHCOC did not find any Craigslist postings for Orange County rentals that discriminated against users of a Housing Choice Voucher, even though this continued to be an issue in other parts of Southern California. However, several callers brought to our attention a few ads for Orange County rentals on other platforms that had stated an illegal refusal to accept housing assistance. When possible, we reached out to the individuals offering the housing to demand a change in their ad.
 Monitor Home Mortgage Disclosure Act Data - Ongoing monitoring of Home Mortgage Disclosure Act (HMDA) data continues to be infeasible due to limited resources at FHCOC.

FHCOC last was able to conduct such analysis using 2008 data (then the latest available) in conjunction with the preparation of the 2010-2015 Regional AI. Analysis of updated HMDA data from 2013, as well as other mortgage lending practices, was included as part of the City of Fountain Valley’s FY 2015-2020 Regional Analysis of Impediments to Fair Housing Choice (AI), which was submitted as part of its Five-Year Consolidated Plan FY 2015 - 2020. Similarly, the recently completed Regional Orange County Analysis of Impediments to Fair Housing Choice for the 2020-2024 Consolidated Plan cycle, contained some basic analysis of regional HMDA date for the period of 2014-2017. That analysis showed disparities in the access to loans on the basis of race, with minority applicants having less access than white applicants. Further HMDA analysis to assess possible mortgage lending disparities on the basis of race and ethnicity in Orange County will require the provision of funding specific for that purpose.  Other Actions to Affirmatively Further Fair Housing - During 2023-2024, FHCOC continued efforts to promote housing affordability within Orange County. It provided services and outreach to organizations involved in the creation and preservation of affordable housing.

These groups included the Kennedy Commission, Mental Health Association of Orange County, Radiant Health (formerly Aids Services Foundation), Affordable Housing Clearinghouse, Jamboree Housing Corporation, Mercy House, South County Outreach, Families Forward, Orange County Congregations Community Organizations, and Orange County Community Housing Corporation.

39 During the 2023-2024 reporting period, FHCOC continued to offer fair housing training sessions, and these were open to all local government staff. As has become the norm since COVID-19 imposed restrictions first appeared, more than half of all trainings were conducted virtually.

Training activity included providing in-person training to staff of the Orange County Housing Authority (OCHA), which serves Fountain Valley. Any City of Fountain Valley staff attending our offered training could receive certification of their attendance.

The FHCOC produced and provided written fair housing related materials in English, Spanish and Vietnamese to the persons in Fountain Valley. Some materials were distributed by mail or email to persons contacting our agency or participating in virtual outreach activities. FHCOC also undertook specific virtual outreach efforts to immigrant populations in low-income neighborhoods. On a regional basis, an estimated 870 limited English proficiency (LEP) households were served during the 12-month program period, through either telephonic contact, or a combination of virtual and in-person education and outreach activities. FHCOC also continued to implement activities under HUD Fair Housing Initiatives Program grants, for both education and outreach and fair housing enforcement.

These program efforts specifically targeted fair housing services to persons with disabilities, minority groups and immigrant communities, especially immigrants with limited English proficiency. Program efforts included a fair housing testing program that sought to involve members of immigrant populations with limited English proficiency, both for the purpose of enforcing fair housing laws as testers and as a vehicle to increase outreach to these populations.

Through its status as a HUD-approved Housing Counseling agency, FHCOC assisted individuals, including those with limited English proficiency (LEP), with various housing related problems. This included being available to counsel and assist those who had received loans with documents, all prepared in English, which had terms that may have been different from what they believed or were informed they were obtaining, or of which they had less than a full understanding. Many of the other counseling activities under its HUD-approved Housing Counseling also assisted individuals with LEP.

40 PROOF OF PUBLICATION

PUBLIC NOTICE

PUBLIC COMMENT PERIOD

41 0011687908 PROOF OF

PUBLICATION
(2015.5 C.C.P.)

STATE OF CALIFORNIA
County of Orange
I am a citizen of the United States and a
resident of the County aforesaid; I am
over the age of eighteen years, and not
party to or interested in the aboveentitled matter. I am the principal clerk of the printer of The Orange County
Register, a newspaper of general
circulation, printed and published in the
City of Irvine*, County of Orange, and
which newspaper has been adjudged a
newspaper of general circulation by the
Superior Court of County of Orange,
State of California, under the date of
November 19, 1905, Case No.A-21046.

The notice, of which the annexed is a
printed copy (set in type not smaller than
nonpareil), has been published in each
regular and entire issue of said
newspaper and not in any supplement
thereof on the following dates, to wit:
08/22/2024
I certify (or declare) under the penalty of
perjury that the foregoing is true and
correct.

Dated at Irvine, California
On this 22nd day of August, 2024.

Signature

42

43 CDBG ELIGIBLE AREAS
FOR

CODE ENFORCEMENT

44

45 HUD REPORTS
CDBG
PR-26 CDBG Financial Summary
Report
PR-26 CDBG Summary for 2023
Report
PR-50 CDBG Expenditure Report

CDBG-CV
PR- 26 CDBG-CV Financial Summary
Report
PR-50 CDBG-CV Expenditure Report

PR26 - CDBG Financial Summary Report
U.S. Department of Housing and Urban Development
Office of Community Planning and Development
Integrated Disbursement and Information System
DATE:

TIME:

PAGE: 1
13:12
08-26-24
Program Year 2023

FOUNTAIN VALLEY , CA
Metrics
Grantee
Program Year
PART I: SUMMARY OF CDBG RESOURCES
01 UNEXPENDED CDBG FUNDS AT END OF PREVIOUS PROGRAM YEAR 02 ENTITLEMENT GRANT
03 SURPLUS URBAN RENEWAL
04 SECTION 108 GUARANTEED LOAN FUNDS
05 CURRENT YEAR PROGRAM INCOME
05a CURRENT YEAR SECTION 108 PROGRAM INCOME (FOR SI TYPE) 06 FUNDS RETURNED TO THE LINE-OF-CREDIT
06a FUNDS RETURNED TO THE LOCAL CDBG ACCOUNT
07 ADJUSTMENT TO COMPUTE TOTAL AVAILABLE
08 TOTAL AVAILABLE (SUM, LINES 01-07)
PART II: SUMMARY OF CDBG EXPENDITURES
09 DISBURSEMENTS OTHER THAN SECTION 108 REPAYMENTS AND PLANNING/ADMINISTRATION 10 ADJUSTMENT TO COMPUTE TOTAL AMOUNT SUBJECT TO LOW/MOD BENEFIT 11 AMOUNT SUBJECT TO LOW/MOD BENEFIT (LINE 09 + LINE 10) 12 DISBURSED IN IDIS FOR PLANNING/ADMINISTRATION
13 DISBURSED IN IDIS FOR SECTION 108 REPAYMENTS
14 ADJUSTMENT TO COMPUTE TOTAL EXPENDITURES
15 TOTAL EXPENDITURES (SUM, LINES 11-14)
16 UNEXPENDED BALANCE (LINE 08 - LINE 15)
PART III: LOWMOD BENEFIT THIS REPORTING PERIOD
17 EXPENDED FOR LOW/MOD HOUSING IN SPECIAL AREAS
18 EXPENDED FOR LOW/MOD MULTI-UNIT HOUSING
19 DISBURSED FOR OTHER LOW/MOD ACTIVITIES
20 ADJUSTMENT TO COMPUTE TOTAL LOW/MOD CREDIT
21 TOTAL LOW/MOD CREDIT (SUM, LINES 17-20)
22 PERCENT LOW/MOD CREDIT (LINE 21/LINE 11)

LOW/MOD BENEFIT FOR MULTI-YEAR CERTIFICATIONS
23 PROGRAM YEARS(PY) COVERED IN CERTIFICATION
24 CUMULATIVE NET EXPENDITURES SUBJECT TO LOW/MOD BENEFIT CALCULATION 25 CUMULATIVE EXPENDITURES BENEFITING LOW/MOD PERSONS
26 PERCENT BENEFIT TO LOW/MOD PERSONS (LINE 25/LINE 24) PART IV: PUBLIC SERVICE (PS) CAP CALCULATIONS
27 DISBURSED IN IDIS FOR PUBLIC SERVICES
28 PS UNLIQUIDATED OBLIGATIONS AT END OF CURRENT PROGRAM YEAR 29 PS UNLIQUIDATED OBLIGATIONS AT END OF PREVIOUS PROGRAM YEAR 30 ADJUSTMENT TO COMPUTE TOTAL PS OBLIGATIONS
31 TOTAL PS OBLIGATIONS (LINE 27 + LINE 28 - LINE 29 + LINE 30) 32 ENTITLEMENT GRANT
33 PRIOR YEAR PROGRAM INCOME
34 ADJUSTMENT TO COMPUTE TOTAL SUBJECT TO PS CAP
35 TOTAL SUBJECT TO PS CAP (SUM, LINES 32-34)
36 PERCENT FUNDS OBLIGATED FOR PS ACTIVITIES (LINE 31/LINE 35) PART V: PLANNING AND ADMINISTRATION (PA) CAP
37 DISBURSED IN IDIS FOR PLANNING/ADMINISTRATION
38 PA UNLIQUIDATED OBLIGATIONS AT END OF CURRENT PROGRAM YEAR 39 PA UNLIQUIDATED OBLIGATIONS AT END OF PREVIOUS PROGRAM YEAR 40 ADJUSTMENT TO COMPUTE TOTAL PA OBLIGATIONS
41 TOTAL PA OBLIGATIONS (LINE 37 + LINE 38 - LINE 39 +LINE 40) 42 ENTITLEMENT GRANT
43 CURRENT YEAR PROGRAM INCOME
44 ADJUSTMENT TO COMPUTE TOTAL SUBJECT TO PA CAP
45 TOTAL SUBJECT TO PA CAP (SUM, LINES 42-44)
46 PERCENT FUNDS OBLIGATED FOR PA ACTIVITIES (LINE 41/LINE 45)

FOUNTAIN VALLEY , CA
2,023.00
300,550.20
347,498.00

0.00 0.00
4,939.88

0.00 0.00

0.00 0.00
652,988.08
250,898.54

0.00 250,898.54
53,920.79

0.00 0.00
304,819.33
348,168.75

0.00 0.00
250,898.54

0.00 250,898.54
100.00%
PY: 2023 PY: 2024 PY: 2025

0.00 0.00

0.00%
52,124.00

0.00 0.00

0.00 52,124.00
347,498.00
29,807.63

0.00 377,305.63

13.81%
53,920.79

0.00 0.00

0.00 53,920.79
347,498.00
4,939.88

0.00 352,437.88

15.30%

PR26 - CDBG Financial Summary Report
U.S. Department of Housing and Urban Development
Office of Community Planning and Development
Integrated Disbursement and Information System
DATE:

TIME:

PAGE: 2
13:12
08-26-24
Program Year 2023

FOUNTAIN VALLEY , CA
LINE 17 DETAIL: ACTIVITIES TO CONSIDER IN DETERMINING THE AMOUNT TO ENTER ON LINE 17 No data returned for this view. This might be because the applied filter excludes all data.

LINE 18 DETAIL: ACTIVITIES TO CONSIDER IN DETERMINING THE AMOUNT TO ENTER ON LINE 18 No data returned for this view. This might be because the applied filter excludes all data.

LINE 19 DETAIL: ACTIVITIES INCLUDED IN THE COMPUTATION OF LINE 19 Plan
Year
IDIS
Project
IDIS
Activity
Voucher
Number Activity Name MatrixCode
National
Objective Drawn Amount
2023
2023
2023
2023
2023
2023
2023
2023
2023
2023
2023
2023
2023
2023
2023
2023
2023
2023
2023
2023
2023
2023
2023
2023
2023
2023
2023
2023
2023
2023
2023
2023
2023
2023
2023
2023
2023
2023
2023
2023
2023
2023
2023
4 4
4 4
5 5
5 5
6 6
6 6
7 7
7 8
8 8
8 1
1 1
1 1
1 1
1 1
1 1
1 1
1 1
1 1
10 10
3 3
3 3
3 1110
1110
1110
1110
1109
1109
1109
1109
1108
1108
1108
1108
1112
1112
1112
1111
1111
1111
1111
1100
1101
1102
1103
1114
1115
1115
1107
1107
1107
1107
1107
1107
1107
1107
1107
1107
1116
1118
1106
1106
1106
1106
1106
6837631
6878035
6908195
6928907
6837631
6878035
6908195
6928907
6837631
6878035
6908195
6928907
6837631
6908195
6928907
6837631
6878035
6908195
6928907
6814999
6814999
6814999
6814999
6848280
6827422
6848280
6814999
6827422
6837631
6848280
6858294
6878035
6892124
6908195
6913952
6928907
6858294
6928907
6814999
6827422
6837631
6848280
6858294
Meals on Wheels - Congregate
Meals on Wheels - Congregate
Meals on Wheels - Congregate
Meals on Wheels - Congregate
Meals on Wheels - Home Delivered
Meals on Wheels - Home Delivered
Meals on Wheels - Home Delivered
Meals on Wheels - Home Delivered
Boys and Girls Club Scholarships
Boys and Girls Club Scholarships
Boys and Girls Club Scholarships
Boys and Girls Club Scholarships
Waymakers Juvenile Diversion
Waymakers Juvenile Diversion
Waymakers Juvenile Diversion
Interval House - Domestic Violence Shelter
Interval House - Domestic Violence Shelter
Interval House - Domestic Violence Shelter
Interval House - Domestic Violence Shelter
Rhodes - Grant
Rhodes, F - Emergency Grant
Rhodes - Rebate
Limbach - Grant
Campbell - Grant
Campbell - Loan
Campbell - Loan
Neighborhood Revitalization Program Administration
Neighborhood Revitalization Program Administration
Neighborhood Revitalization Program Administration
Neighborhood Revitalization Program Administration
Neighborhood Revitalization Program Administration
Neighborhood Revitalization Program Administration
Neighborhood Revitalization Program Administration
Neighborhood Revitalization Program Administration
Neighborhood Revitalization Program Administration
Neighborhood Revitalization Program Administration
BASHFORD - Lead

HARNSBERGER - LEAD
Code Enforcement
Code Enforcement
Code Enforcement
Code Enforcement
Code Enforcement
05A
05A
05A
05A
05A
05A
05A
05A
05A
05D
05D
05D
05D
05D
05D
05D
05D
05G
05G
05G
05G
05G
14A
14A
14A
14A
14A
14A
14A
14A
14H
14H
14H
14H
14H
14H
14H
14H
14H
14H
14H
14I
14I
14I
15 15
15 15
15 LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
Matrix Code 05A
LMC
LMC
LMC
LMC
LMC
LMC
LMC
Matrix Code 05D
LMC
LMC
LMC
LMC
Matrix Code 05G
LMH
LMH
LMH
LMH
LMH
LMH
LMH
Matrix Code 14A
LMH
LMH
LMH
LMH
LMH
LMH
LMH
LMH
LMH
LMH
Matrix Code 14H
LMH
LMH
Matrix Code 14I
LMA
LMA
LMA
LMA
LMA
$2,987.50
$2,987.50
$2,987.50
$2,987.50
$1,874.50
$1,874.50
$1,874.50
$1,874.50
$19,448.00
$2,419.00
$2,419.00
$2,419.00
$2,419.00
$732.51
$3,253.92
$4,013.57
$17,676.00
$3,750.00
$3,750.00
$3,750.00
$3,750.00
$15,000.00
$14,000.00
$1,084.86
$344.03
$14,000.00
$14,000.00
$465.00
$23,164.96
$67,058.85
$6,677.18
$5,676.27
$3,413.21
$4,096.43
$9,410.50
$5,745.24
$4,703.45
$5,291.67
$8,054.94
$6,593.02
$59,661.91
$350.00
$350.00
$700.00
$9,564.39
$7,810.93
$5,558.16
$5,543.08

PR26 - CDBG Financial Summary Report
U.S. Department of Housing and Urban Development
Office of Community Planning and Development
Integrated Disbursement and Information System
DATE:

TIME:

PAGE: 3
13:12
08-26-24
Program Year 2023

FOUNTAIN VALLEY , CA
Plan
Year
IDIS
Project
IDIS
Activity
Voucher
Number Activity Name MatrixCode
National
Objective Drawn Amount
2023
2023
2023
2023
2023
Total
3 3
3 3
3 1106
1106
1106
1106
1106
6878035
6892124
6908195
6913952
6928907
Code Enforcement
Code Enforcement
Code Enforcement
Code Enforcement
Code Enforcement
15 15
15 15
15 15
LMA
LMA
LMA
LMA
LMA
Matrix Code 15
$7,985.57
$7,545.57
$4,617.33
$4,641.18
$9,201.01
$71,353.78
$250,898.54
LINE 27 DETAIL: ACTIVITIES INCLUDED IN THE COMPUTATION OF LINE 27 Plan
Year
IDIS
Project
IDIS
Activity
Voucher
Number
Activity to
prevent,
prepare for,
and respond
to
Coronavirus
Activity Name Grant Number Fund
Type
Matrix
Code
National
Objective
Drawn Amount
2023
2023
2023
2023
2023
2023
2023
2023
2023
2023
2023
2023
2023
2023
2023
2023
2023
2023
2023
Total
4 4
4 4
5 5
5 5
6 6
6 6
7 7
7 8
8 8
8 1110
1110
1110
1110
1109
1109
1109
1109
1108
1108
1108
1108
1112
1112
1112
1111
1111
1111
1111
6837631
6878035
6908195
6928907
6837631
6878035
6908195
6928907
6837631
6878035
6908195
6928907
6837631
6908195
6928907
6837631
6878035
6908195
6928907
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
Meals on Wheels - Congregate
Meals on Wheels - Congregate
Meals on Wheels - Congregate
Meals on Wheels - Congregate
Meals on Wheels - Home Delivered
Meals on Wheels - Home Delivered
Meals on Wheels - Home Delivered
Meals on Wheels - Home Delivered
Boys and Girls Club Scholarships
Boys and Girls Club Scholarships
Boys and Girls Club Scholarships
Boys and Girls Club Scholarships
Waymakers Juvenile Diversion
Waymakers Juvenile Diversion
Waymakers Juvenile Diversion
Interval House - Domestic Violence Shelter
Interval House - Domestic Violence Shelter
Interval House - Domestic Violence Shelter
Interval House - Domestic Violence Shelter
Activity to prevent, prepare for, and respond to Coronavirus B23MC060550
B23MC060550
B23MC060550
B23MC060550
B23MC060550
B23MC060550
B23MC060550
B23MC060550
B23MC060550
B23MC060550
B23MC060550
B23MC060550
B23MC060550
B23MC060550
B23MC060550
B23MC060550
B23MC060550
B23MC060550
B23MC060550
EN
EN
EN
EN
EN
EN
EN
EN
EN
EN
EN
EN
EN
EN
EN
EN
EN
EN
EN
05A
05A
05A
05A
05A
05A
05A
05A
05A
05D
05D
05D
05D
05D
05D
05D
05D
05G
05G
05G
05G
05G
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
Matrix Code 05A
LMC
LMC
LMC
LMC
LMC
LMC
LMC
Matrix Code 05D
LMC
LMC
LMC
LMC
Matrix Code 05G
$2,987.50
$2,987.50
$2,987.50
$2,987.50
$1,874.50
$1,874.50
$1,874.50
$1,874.50
$19,448.00
$2,419.00
$2,419.00
$2,419.00
$2,419.00
$732.51
$3,253.92
$4,013.57
$17,676.00
$3,750.00
$3,750.00
$3,750.00
$3,750.00
$15,000.00
$52,124.00
$52,124.00
LINE 37 DETAIL: ACTIVITIES INCLUDED IN THE COMPUTATION OF LINE 37 Plan
Year
IDIS
Project
IDIS
Activity
Voucher
Number Activity Name MatrixCode
National
Objective Drawn Amount
2023
2023
2023
2023
2023
2023
2023
2023
2023
2023
2023
2023
2023
2023
Total
2 2
2 2
2 2
2 2
2 2
9 9
9 9
1104
1104
1104
1104
1104
1104
1104
1104
1104
1104
1105
1105
1105
1105
6814999
6827422
6837631
6848280
6858294
6878035
6892124
6908195
6913952
6928907
6837631
6878035
6908195
6928907
Administration of Grant
Administration of Grant
Administration of Grant
Administration of Grant
Administration of Grant
Administration of Grant
Administration of Grant
Administration of Grant
Administration of Grant
Administration of Grant
Fair Housing Council Orange County
Fair Housing Council Orange County
Fair Housing Council Orange County
Fair Housing Council Orange County
21A
21A
21A
21A
21A
21A
21A
21A
21A
21A
21A
21D
21D
21D
21D
21D
Matrix Code 21A
Matrix Code 21D
$8,359.45
$6,818.96
$3,438.04
$3,077.90
$7,972.90
$4,830.77
$3,443.57
$4,649.30
$2,663.42
$3,666.48
$48,920.79
$1,250.00
$1,250.00
$1,250.00
$1,250.00
$5,000.00
$53,920.79

PR26 - Activity Summary by Selected Grant
Date Generated: 08/26/2024
Grantee: FOUNTAIN VALLEY
Grant Year: 2023
Formula and Competitive Grants only
State Grantee Grant Grant Activity Matrix National IDIS Activity Amount Funded Amount Drawn Total Grant Amount for CDBG 2023 Grant year B23MC060550 Grant Number = $347,498.00 % of CDBG Drawn Total CDBG Funded
Name Year Number Group Code Objective Activity Status From Selected Grant From Selected Grant From Selected Amount Grant/Grant
Amount
(All Years All Sources)
Activity to prevent,
prepare for, and
respond to Coronavirus
Total CDBG Drawn
Amount
(All Years All Sources)
CA FOUNTAIN VALLEY 2023 B23MC060550 Administrative And Planning 21A 1104 No Completed $48,920.79 $48,920.79 $48,920.79 $48,920.79 CA FOUNTAIN VALLEY 2023 B23MC060550 Administrative And Planning 21D 1105 No Completed $5,000.00 $5,000.00 $5,000.00 $5,000.00 Total Administrative And Planning $53,920.79 $53,920.79 15.52% $53,920.79 $53,920.79 CA FOUNTAIN VALLEY 2023 B23MC060550 Housing 15 LMA 1106 No Completed $71,353.78 $71,353.78 $71,353.78 $71,353.78 Total Housing $71,353.78 $71,353.78 20.53% $71,353.78 $71,353.78 CA FOUNTAIN VALLEY 2023 B23MC060550 Public Services 05A LMC 1109 No Completed $7,498.00 $7,498.00 $7,498.00 $7,498.00 CA FOUNTAIN VALLEY 2023 B23MC060550 Public Services 05A LMC 1110 No Completed $11,950.00 $11,950.00 $11,950.00 $11,950.00 CA FOUNTAIN VALLEY 2023 B23MC060550 Public Services 05D LMC 1108 No Completed $9,676.00 $9,676.00 $9,676.00 $9,676.00 CA FOUNTAIN VALLEY 2023 B23MC060550 Public Services 05D LMC 1112 No Completed $8,000.00 $8,000.00 $8,000.00 $8,000.00 CA FOUNTAIN VALLEY 2023 B23MC060550 Public Services 05G LMC 1111 No Completed $15,000.00 $15,000.00 $15,000.00 $15,000.00 Non CARES Related Public Services $52,124.00 $52,124.00 15.00% $52,124.00 $52,124.00 Total 2023 $177,398.57 $177,398.57 51.05% $177,398.57 $177,398.57 Grand Total $177,398.57 $177,398.57 51.05% $177,398.57 $177,398.57

Use of CDBG Funds by FOUNTAIN VALLEY,CA
Expenditure Report
U.S. Department of Housing and Urban Development
Office of Community Planning and Development
Integrated Disbursement and Information System
Matrix
Code Group
Activity
Matrix Code Name
Disbursements
DATE:

TIME:

PAGE: 1
13:47
08-26-24
from 07-01-2023 to 06-30-2024
during
PY 2023
Percent of
Total Disbursed
in 2023
14A HR Rehab; Single-Unit Residential 67,058.85 22.00%
14H HR Rehabilitation Administration 59,661.91 19.57%
14I HR Lead-Based/Lead Hazard Test/Abate 700.00 0.23%
15 HR Code Enforcement 71,353.78 23.41%
Subtotal for : Housing 198,774.54 65.21%
05A PS Senior Services 19,448.00 6.38%
05D PS Youth Services 17,676.00 5.80%
05G PS Services for victims of domestic violence, dating violence, sexual assault or stalking 15,000.00 4.92% Subtotal for : Public Services 52,124.00 17.10%
21A AP General Program Administration 48,920.79 16.05%
21D AP Fair Housing Activities (subject to 20% Admin Cap) 5,000.00 1.64% Subtotal for : General Administration and Planning 53,920.79 17.69% Total Disbursements 304,819.33 100.00%

PR26 - CDBG-CV Financial Summary Report
U.S. Department of Housing and Urban Development
Office of Community Planning and Development
Integrated Disbursement and Information System
DATE:

TIME:

PAGE: 1
13:17
08-26-24

FOUNTAIN VALLEY , CA
Metrics
New Grantee (CV)
PART I: SUMMARY OF CDBG-CV RESOURCES
01 CDBG-CV GRANT
02 FUNDS RETURNED TO THE LINE-OF-CREDIT
03 FUNDS RETURNED TO THE LOCAL CDBG ACCOUNT
04 TOTAL CDBG-CV FUNDS AWARDED
PART II: SUMMARY OF CDBG-CV EXPENDITURES
05 DISBURSEMENTS OTHER THAN SECTION 108 REPAYMENTS AND PLANNING/ADMINISTRATION 06 DISBURSED IN IDIS FOR PLANNING/ADMINISTRATION
07 DISBURSED IN IDIS FOR SECTION 108 REPAYMENTS
08 TOTAL EXPENDITURES (SUM, LINES 05 - 07)
09 UNEXPENDED BALANCE (LINE 04 - LINE8 )
PART III: LOWMOD BENEFIT FOR THE CDBG-CV GRANT
10 EXPENDED FOR LOW/MOD HOUSING IN SPECIAL AREAS
11 EXPENDED FOR LOW/MOD MULTI-UNIT HOUSING
12 DISBURSED FOR OTHER LOW/MOD ACTIVITIES
13 TOTAL LOW/MOD CREDIT (SUM, LINES 10 - 12)
14 AMOUNT SUBJECT TO LOW/MOD BENEFIT (LINE 05)
15 PERCENT LOW/MOD CREDIT (LINE 13/LINE 14)
PART IV: PUBLIC SERVICE (PS) CALCULATIONS
16 DISBURSED IN IDIS FOR PUBLIC SERVICES
17 CDBG-CV GRANT
18 PERCENT OF FUNDS DISBURSED FOR PS ACTIVITIES (LINE 16/LINE 17) PART V: PLANNING AND ADMINISTRATION (PA) CAP
19 DISBURSED IN IDIS FOR PLANNING/ADMINISTRATION
20 CDBG-CV GRANT
21 PERCENT OF FUNDS DISBURSED FOR PA ACTIVITIES (LINE 19/LINE 20)

FOUNTAIN VALLEY , CA

616,554.00

0.00 0.00
616,554.00

596,509.95
20,044.05

0.00 616,554.00

0.00 0.00

0.00 596,509.95
596,509.95
596,509.95
100.00%

75,312.05
616,554.00

12.21%

20,044.05
616,554.00

3.25%

PR26 - CDBG-CV Financial Summary Report
U.S. Department of Housing and Urban Development
Office of Community Planning and Development
Integrated Disbursement and Information System
DATE:

TIME:

PAGE: 2
13:17
08-26-24

FOUNTAIN VALLEY , CA
LINE 10 DETAIL: ACTIVITIES TO CONSIDER IN DETERMINING THE AMOUNT TO ENTER ON LINE 10 No data returned for this view. This might be because the applied filter excludes all data.

LINE 11 DETAIL: ACTIVITIES TO CONSIDER IN DETERMINING THE AMOUNT TO ENTER ON LINE 11 No data returned for this view. This might be because the applied filter excludes all data.

LINE 12 DETAIL: ACTIVITIES INCLUDED IN THE COMPUTATION OF LINE 12 Plan Year IDIS Project IDIS
Activity
Voucher
Number Activity Name MatrixCode
National
Objective Drawn Amount
2019
2020
13 13
948
949
950
951
952
953
954
955
956
957
958
959
960
961
991
992
993
994
995
996
997
998
999
1000
1001
1002
1003
1004
1005
1006
1007
1008
1009
1010
1011
1012
1013
6401064
6401064
6401064
6401064
6401064
6401064
6401064
6401064
6401064
6401064
6401064
6401064
6401064
6401064
6526645
6526645
6526645
6526645
6526645
6526645
6526645
6526645
6526645
6526645
6526645
6526645
6526645
6526645
6526645
6526645
6526645
6526645
6526645
6526645
6526645
6526645
6526645
All-In Productions - SBERG
Douglas A. Tran, M.D. - SBERG
Talbert Dentistry - SBERG
Dr. Tam Bui, MD, Inc. - SBERG
Harbor Electric & Lighting - SBERG
Coast Physical Medicine - SBERG
Hard Media - SBERG
Alliance Rapid Manufacturing - SBERG
Starfish Restaurant - SBERG
Enjoying Mechanics - SBERG
Troung B. Nguyen, MD, Inc- SBERG
Professional Plumbing Inc - SBERG
TK Construction - SBERG
Figueroa Professional Services - SBERG
SBEA Grant - Advance Medical Equipment
SBEA Grant - AH Technology Solutions, Corp
SBEA Grant - Alliance Rehab
SBEA Grant - Andy's Cuts Barbershop
SBEA Grant - Angelfood Donuts
SBEA Grant - Bahn Khot Vung Tau Restaurant
SBEA Grant - Baskin Robbins #3069
SBEA Grant - Bella Ciao Hair Salon
SBEA Grant - Cafe & Te
SBEA Grant - Center Shoe Repair
SBEA Grant - Christina Chauncey, D.P.M.

SBEA Grant - Cty 611
SBEA Grant - Cyber Electronics
SBEA Grant - Daze Spa
SBEA Grant - Euroman Auto Service
SBEA Grant - Fountain Valley Pizza D'Z
SBEA Grant - Hall Occasions
SBEA Grant - Hwang's WMAC, Inc.

SBEA Grant - Lily's Beauty LLC
SBEA Grant - Los Altos Cleaners
SBEA Grant - Moonlight Pizza & Chicken
SBEA Grant - OC Live Active Chiropractic
SBEA Grant - OCC Builders, Inc
18A
18A
18A
18A
18A
18A
18A
18A
18A
18A
18A
18A
18A
18A
18A
18A
18C
18C
18C
18C
18C
18C
18A
18C
18C
18C
18C
18C
18C
18A
18C
18C
18C
18C
18C
18C
18C
LMJ
LMJ
LMJ
LMJ
LMJ
LMJ
LMJ
LMJ
LMJ
LMJ
LMJ
LMJ
LMJ
LMJ
LMA
LMA
LMCMC
LMCMC
LMCMC
LMCMC
LMCMC
LMCMC
LMA
LMCMC
LMCMC
LMCMC
LMCMC
LMC
LMCMC
LMA
LMCMC
LMCMC
LMCMC
LMCMC
LMCMC
LMCMC
LMCMC
$8,019.48
$15,848.00
$4,944.92
$20,000.00
$19,126.00
$10,342.00
$20,000.00
$10,628.00
$5,520.00
$11,115.50
$9,190.00
$19,050.00
$5,164.00
$12,250.00
$10,000.00
$10,000.00
$10,000.00
$10,000.00
$10,000.00
$10,000.00
$10,000.00
$10,000.00
$10,000.00
$10,000.00
$10,000.00
$10,000.00
$10,000.00
$10,000.00
$10,000.00
$10,000.00
$10,000.00
$10,000.00
$10,000.00
$10,000.00
$10,000.00
$10,000.00
$10,000.00 Page 242
PR26 - CDBG-CV Financial Summary Report
U.S. Department of Housing and Urban Development
Office of Community Planning and Development
Integrated Disbursement and Information System
DATE:

TIME:

PAGE: 3
13:17
08-26-24

FOUNTAIN VALLEY , CA
Plan Year IDIS Project IDIS
Activity
Voucher
Number Activity Name MatrixCode
National
Objective Drawn Amount
2020
2021
2022
2023
Total
13 12
12 11
1014
1015
1016
1017
1018
1019
1020
1021
1022
1023
1024
1025
1041
1080
1113
6526645
6526645
6526645
6526645
6526645
6526645
6526645
6526645
6526645
6526645
6526645
6526645
6606131
6636701
6674913
6718846
6734061
6770633
6795880
6837631
6878035
6908195
6928907
SBEA Grant - Pho Kim Quy, Inc
SBEA Grant - Pho Ktea
SBEA Grant - Pholosophy/Pholicious
SBEA Grant - Seeden Photography
SBEA Grant - Simply Home Cafe
SBEA Grant - Sky Drone Link
SBEA Grant - Teske Financial
SBEA Grant - The Tan Spa
SBEA Grant - Thyme Well Spent Catering
SBEA Grant - United Studios of Self-Defense
SBEA Grant - Vital Chiropractic
SBEA Grant - Williams MMA
Fresh Beginnings Ministries - Senior Services Program
Fresh Beginnings Ministries - Senior Services Program
Fresh Beginnings Ministries - Senior Services Program
Lighthouse - Senior Services Program
Lighthouse - Senior Services Program
Lighthouse - Senior Services Program
Lighthouse - Senior Services Program
Lighthouse - Senior Services Program
Lighthouse - Senior Services Program
Lighthouse - Senior Services Program
Lighthouse - Senior Services Program
18C
18C
18C
18C
18C
18C
18C
18C
18C
18C
18C
18C
05A
05A
05A
05A
05A
05A
05A
05A
05A
05A
05A
LMCMC
LMCMC
LMCMC
LMCMC
LMCMC
LMC
LMCMC
LMCMC
LMCMC
LMCMC
LMCMC
LMCMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
$10,000.00
$10,000.00
$10,000.00
$10,000.00
$10,000.00
$10,000.00
$10,000.00
$10,000.00
$10,000.00
$10,000.00
$10,000.00
$10,000.00
$7,540.00
$3,620.00
$3,320.00
$6,910.00
$7,270.00
$6,664.00
$7,740.00
$9,891.00
$8,673.00
$8,322.00
$5,362.05
$596,509.95
LINE 16 DETAIL: ACTIVITIES INCLUDED IN THE COMPUTATION OF LINE 16 Plan Year IDIS Project IDIS
Activity
Voucher
Number Activity Name MatrixCode
National
Objective Drawn Amount
2021
2022
2023
Total
12 12
11 1041
1080
1113
6606131
6636701
6674913
6718846
6734061
6770633
6795880
6837631
6878035
6908195
6928907
Fresh Beginnings Ministries - Senior Services Program
Fresh Beginnings Ministries - Senior Services Program
Fresh Beginnings Ministries - Senior Services Program
Lighthouse - Senior Services Program
Lighthouse - Senior Services Program
Lighthouse - Senior Services Program
Lighthouse - Senior Services Program
Lighthouse - Senior Services Program
Lighthouse - Senior Services Program
Lighthouse - Senior Services Program
Lighthouse - Senior Services Program
05A
05A
05A
05A
05A
05A
05A
05A
05A
05A
05A
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
$7,540.00
$3,620.00
$3,320.00
$6,910.00
$7,270.00
$6,664.00
$7,740.00
$9,891.00
$8,673.00
$8,322.00
$5,362.05
$75,312.05
LINE 19 DETAIL: ACTIVITIES INCLUDED IN THE COMPUTATION OF LINE 19 Plan Year IDIS Project IDIS
Activity
Voucher
Number Activity Name MatrixCode
National
Objective Drawn Amount
2019
Total
2 946 6393441
6400466
CDBG-CV Program Admin
CDBG-CV Program Admin
21A
21A
$12,381.86
$7,662.19
$20,044.05

Use of CDBG-CV Funds by FOUNTAIN VALLEY,CA
Expenditure Report
U.S. Department of Housing and Urban Development
Office of Community Planning and Development
Integrated Disbursement and Information System
Matrix
Code Group
Activity
Matrix Code Name
Disbursements
DATE:

TIME:

PAGE: 1
13:46
08-26-24
from 07-01-2023 to 06-30-2024
during
PY 2023
Percent of
Total Disbursed
in 2023
05A PS Senior Services 32,248.05 100.00%
Subtotal for : Public Services 32,248.05 100.00%
Total Disbursements 32,248.05 100.00%

CITY OF FOUNTAIN VALLEY

CITY COUNCIL

COUNCIL ACTION REQUEST
To: Honorable Mayor and Agenda Date: September 17, 2024 Members of the City Council
Subject: CODE AMENDMENT NO. 24-01 – AN AMENDMENT TO THE FOUNTAIN VALLEY MUNCIPAL CODE (FVMC) SECTION 21.10.030 TABLE 2-6 21.15.030 TABLE 2-10, 21.90.020(1), 21.90.020(8), 21.90.020(16), 21.20.090(19),

21.90.020(20), 21.48.050, 21.30.080, 21.30.090, AND 21.12.030 TABLE 2-8 Three-Year Strategic Goals
☒ Enhance the culture and environment of “A Nice Place to Live” ☒ Attract and retain revenue producing businesses
☐ Achieve fiscal stability in accordance with the 20-Year Financial Plan ☐ Attract and retain quality staff
☐ Not applicable
An amendment to Fountain Valley Municipal Code (FVMC) section 21.10.030 TABLE 2-.6

21.15.030, TABLE 2-10, 21.90.020(1), 21.90.020(8), 21.90.020(16), 21.20.090(19),

21.90.020(20), 21.48.050, 21.30.080, 21.30.090, AND 21.12.030 TABLE 2-8

EXECUTIVE SUMMARY
Periodically, Planning and Economic Department Staff review the land use tables within the City’s Zoning Code to identify any possible beneficial adjustments that could be made based on recent inquiries, trends, and application activity. Staff has recently completed such a review and is recommending changes to how three (3) types of uses are treated in the land use table: health/fitness, non-permanent make-up and temporary outdoor storage specifically in the PI Public Institutional Zone.

Per Fountain Valley Municipal Code, all health and fitness centers must obtain approval of a Conditional Use Permit (CUP) regardless of size and location. Municipal codes defines health and fitness facilities as health and athletic clubs including any of the following: indoor sauna, spa or hot tub facilities; indoor tennis, handball, racquetball, archery and shooting ranges and other indoor sports activities. Per the FVMC, studios are defined as "Studios for art, dance, music, photography, etc." The FVMC defines tattooing as establishments marking or coloring the skin with tattoos and all furnishings, equipment, instruments, dyes, inks, and other facilities maintained therein incidental to such use. Staff’s interpretation of tattooing includes semi-permanent makeup. are currently not permitted in Public Institution (PI) zones. The proposed changes to the FVMC would amend the code to allow for… At the Planning Commission meeting on August 14, 2024, the Planning Commission expressed concern about approving the Ordinance as submitted. The Commission requested

Council Action Request
Code Amendment No. 24-01
September 17, 2024

a Study Session to more comprehensively evaluate how uses are permitted instead of limiting the scope to the ordinance presented. The Planning Commission also expressed concern that grouping all three (3) changes into one (1) ordinance created confusion and they should be separated into multiple ordinances.

Staff expressed its intent to make future changes to the code and to allow for more uses; however, the changes presented before the Commission are code amendments staff has been analyzing and feel would make significant change to the municipal code and allow for new businesses in the City. At the conclusion of the meeting, the Commission voted 5-0 recommending the City Council approve the single code amendment for temporary outdoor storage and asked for a study session examining a more extensive comprehensive code section.

BACKGROUND
Over the last several months, staff have been reviewing the current municipal code for ways to improve the entitlement process while finding ways to encourage business development in the City. In December of 2010, the Fountain Valley City Council adopted a code amendment to require a CUP for tattoo establishments through Ordinance 1456. Tattoo establishments were previously considered a “personal service” use (e.g., nail/hair salon, etc.) and were permitted by-right. Recently, staff has distinguished semi-permanent makeup from traditional tattooing. Since these businesses operate similarly to tattoo establish in how they apply ink to the skin for makeup purposes, code identified them as tattoo establishments. After further discussion, staff determined these uses were similar personal care service and would allow semi-permanent makeup by right.

Like semi-permanent makeup uses, staff examined health and fitness uses and ways to adopt a code amendment to allow for smaller personal gyms and fitness centers permitted by right in commercial, manufacturing, and mixed-use zones.

In an attempt to diversify uses in Public Intuitional (PI) zones, staff has examined allowing for temporary off-site storage permitted in PI zones with the approval of a Temporary Use Permit (TUP). Such outdoor storage uses are intended to enhance the City’s economic base.

DISCUSSION
Over the last five (5) years, staff have processed several applications for semi-permanent makeup businesses to operate alongside personal service businesses. As defined, semipermanent make-up offers professional beauty services consisting of eyebrow microblading, micro-needling, microdermabrasion, lip blush, and similar makeup application materials.

Whereas personal service uses are permitted by right, semi-permanent makeup has long been identified as tattooing. Though these uses most commonly operate within a salon suite or accompanying esthetician-type services and other salon uses, semi-permanent makeup has long required a CUP to operate. With the intent to mitigate the entitlement process, staff proposes to amend the municipal code to allow for these uses permitted by right in all Commercial and Mixed-Use zones.

In recent years, personal fitness and small group fitness have become a burgeoning industry.

Large formal gyms such as 24 Hr. Fitness or LA Fitness has seen members relinquishing their memberships for smaller, more intimate gym experiences. This can include personal

Council Action Request
Code Amendment No. 24-01
September 17, 2024

gyms, boxing and mixed martial arts studios, yoga dens, cycling studios, and other similar uses. Over the last five (5) years, the City has entitled six health and fitness uses averaging 2,800 square feet. These uses range from dance studios, mixed martial arts studios, and yoga studios. Based on growing demand and similar trends in other cities, staff has identified these uses as an opportunity to attract new business and encourage the growth of existing businesses in the area. Staff examined surrounding cities and identified that similar health and fitness uses within certain square footage parameters are permitted by right in commercial areas.

Table 1: Entitlement Approvals Permit Health and Fitness Centers Business CUP # Size
Dance All You Can CUP 1980 1,980 square feet
Blackbelt Collective CUP 1917 3,200 square feet
Hudson Dance Academy CUP1918 4,700 square feet
OC Salsa and Event Space CUP 1919 3,040 square feet
Williams MMA CUP 1923 2,700 square feet
Collective Energy CUP 1906 1,200 square feet
Average CUP 2,800 square feet
Table 2: City that Permits Health and Fitness by Right.

City Size Permit Required
Newport Beach Small—2,000 sq. ft. or less P
Large—Over 2,000 sq. ft. MUP
Studios – art, dance, music, photography, etc. P
Artist Studio P
Westminster Health/fitness facilities (with or without massage establishment) CUP
Health/fitness facilities (without massage
establishment) less than 5,000 square feet AUP
Studios – art, dance, music, photography, etc. P
Health/fitness facilities (with or without massage
establishment) CUP
Costa Mesa Physical fitness facilities CUP
Artists, sculptors studios P
City of Santa Ana Physical fitness facilities CUP
Artists, sculptors studios P
Existing codes defines Health/fitness facilities as fitness centers, gymnasiums, health and athletic clubs including any of the following: indoor sauna, spa or hot tub facilities; indoor tennis, handball, racquetball, archery and shooting ranges and other indoor sports activities.

Council Action Request
Code Amendment No. 24-01
September 17, 2024

Along with health and fitness/ facilities, many of these smaller uses such as yoga and mixed martial arts studios fall under studio use as defined in the FVMC. "Studios for art, dance, music, photography, etc." means small scale facilities, typically accommodating one group of students at a time, in no more than one instructional space. Larger facilities are included under the definition of "schools—specialized education and training." These studios include facilities for: individual and group instruction and training in the arts, production rehearsal, music recording, photography, and the processing of photographs produced only by users of the studio facilities; and physical fitness activities such as martial arts training studios, yoga, gymnastics instruction, aerobics and gymnastics studios with no other fitness facilities or equipment.

Staff recognized that including yoga, mixed martial arts studios and similar uses under gym and fitness facilities and creating a definition for artist studios, would better define these uses and provide additional explanation when establishing these spaces. Artist studios shall be defined as:
“Artist Studios for art, music, photography, etc.” means small-scale facilities, typically accommodating one group of students at a time, in no more than one instructional space.

These studios include facilities for individual and group instruction and training in the arts, production rehearsal, music recording, photography, and the processing of photographs produced only by users of the studio facilities. Larger facilities are included under the definition of “schools—specialized education and training.” This would allow for health and fitness faculties as previously defined to include smaller scale facilities and permitted by right. The standards for these small scale gyms will limit the size, group classes, location, operations, noise, hours, unpermitted uses, and revocation and outdoor use areas. Permanent Health and fitness centers less than 5,000 square feet shall:
(1) Group classes shall be separated by a minimum of fifteen minutes from the end of one class to the beginning of the next class. There shall be no more than three (3) individual instructional classes on the premises for all studios. (2) All business activities shall be conducted indoors. Any and all amplified sound and music shall be kept to a level that cannot be heard outside of the subject suite. (3) The applicant shall implement noise attenuation measure to reduce all noise, sounds, vibrations, etc. such as acoustic panels, acoustic foam, soundproofing insulation, sound dampening windows and doors, etc. Based on substantiated noise complaints, the Community Development Director may require additional noise attenuation measures or limitations on the use of amplified sound.
(4) Operator shall acknowledge Education Code Section 48200 et. seq. which states that persons under the age of 18 are subject to compulsory education and are required to be in school unless exempted. The studio will be limited to instructional classes for dance, marital arts, yoga, etc.
(5) There shall be no ceremonial events, public assembly, public entertainment or similar assembly uses taking place on site. Any ceremonies or events shall be subject to approval of a Temporary Use Permit.

In summary, with the updated definition of health and fitness studios, and updated definition of studio uses for artist studios for art, music, photography, will allow for smaller scale health

Council Action Request
Code Amendment No. 24-01
September 17, 2024

and fitness centers permitted by right. All fitness centers must comply with FVMC requirements for health and fitness centers less than 5,000 square feet. All semi-permanent makeup uses will be permitted by right and will adhere to the same requirements as personal services such as salon use. And temporary off-site storage and temporary outdoor storage will be permitted in all Public Insertional Zones (PI) with approval of a Temporary Use Permit.

Temporary Uses in the Public Institution Zone
With the recent purchase of the property located at 17101 Bushard Street to replace Fire Station No. 1, the City has received interest from businesses seeking locations for temporary storage. The City is currently in the process of designing the future fire station, and the property is anticipated to be vacant for some time. Allowing temporary uses would allow the land to become productive, generate revenue for the City, and reduce the need for Staff to monitor the property.

Strategic Plan and General Plan Consistency
The proposed amendment will meet the City Council’s Strategic Plan Goal LU-4 Economic development thinking integrated throughout the municipal organization in a way that sustains long-term economic growth and attracts private investment. amendment will also meet General Plan Policy LU-4.1 Invest in economic development through the City’s economic development program to maintain and enhance the attractiveness of Fountain Valley for private investment, to increase local job opportunities for residents, and to facilitate growth in the local economy that contributes to and enhances Fountain Valley’s premier quality of life.

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

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

ENVIRONMENTAL IMPACT REVIEW
The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA) and the city’s environmental review procedures. CA 24-01 is not subject to review under CEQA pursuant to CEQA Guidelines Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15061(b)(3) (there is no possibility the activity in question may have a significant effect on the environment). CA 24-01 will allow for semi-permanent makeup uses in all commercial zones and mixed-use zones, establish health and fitness uses less than 5,000 square feet in all commercial zones, mixed-use zones, and manufacturing zones, and allow for outdoor storage and off-site storage in all Public Institutional zones.

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

Council Action Request
Code Amendment No. 24-01
September 17, 2024

ALTERNATIVES
Alternative No. 1: Introduce and approve the attached Ordinance approving a categorical exemption per the California Environmental Quality Act (CEQA) and approving Code Amendment No. 24-01 to amend the Fountain Valley Municipal code sections 21.10.030 Table 2-6, 21.15.030 Table 2-10,

21.90.020(1), 21.90.020(8), 21.90.020(16), 21.20.090(19),

21.90.020(20), 21.48.050, 21.30.080, 21.30.090, and 21.12.030 TABLE 2-8 to allow for semi-permanent makeup uses in all commercial zones and mixed use zones, establish health and fitness uses less than 5,000 square feet in all commercial zones, mixed use zones and manufacturing zones, and allow for outdoor storage and off-site storage in all Public Institutional zones.

Alternative No. 2: Do not introduce the attached Ordinance approving a categorical exemption per the California Environmental Quality Act (CEQA) and approving Code Amendment No 24-01 to amend the Fountain Valley Municipal code sections 21.10.030 Table 2-6, 21.15.030 Table 2-10,

21.90.020(1), 21.90.020(8), 21.90.020(16), 21.20.090(19),

21.90.020(20), 21.48.050, 21.30.080, 21.30.090, and 21.12.030 TABLE 2-8 to allow for semi-permanent makeup uses in all commercial zones and mixed use zones, establish health and fitness uses less than 5,000 square feet in all commercial zones, mixed use zones and manufacturing zones, and allow for outdoor storage and off-site storage in all Public Institutional zones.

Alternative No 3: Introduce and approve an ordinance approving a categorical exemption per the California Environmental Quality Act (CEQA) and amending Fountain Valley Municipal Code section 21.10.030 Table 2-8 allowing for offsite storage and outdoor storage Public Instructional zones as recommended by Planning Commission.

Alternative No. 4: Continue for further discussion.

RECOMMENDATION
Staff is requesting City Council approval of Alternative No. 1: Introduce the attached Ordinance approving a categorical exemption per the California Environmental Quality Act (CEQA) and approving Code Amendment No. 24-01 to amend the Fountain Valley Municipal code sections 21.10.030 Table 2-6, 21.15.030 Table 2-10, 21.90.020(1), 21.90.020(8),

21.90.020(16), 21.20.090(19), 21.90.020(20), 21.48.050, 21.30.080, 21.30.090, and

21.12.030 TABLE 2-8 to allow for semi-permanent makeup uses in all commercial zones and mixed-use zones, establish health and fitness uses less than 5,000 square feet in all commercial zones, mixed-use zones and manufacturing zones, and allow for outdoor storage and off-site storage in all Public Institutional zones.

Council Action Request
Code Amendment No. 24-01
September 17, 2024

Prepared By: Ron Vargas, Associate Planner
Reviewed by: Omar Dadabhoy, Community Development Director Approved by: Maggie Le, City Manager
Attachments: 1. Ordinance for Code Amendment No. 24-10

2. Notice of Exemption

“Exhibit A”
ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FOUNTAIN

VALLEY APPROVING A CATEGORICAL EXEMPTION PER THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) AND APPROVING CODE AMENDMENT (CA) NO. 24-01 TO: (1) AMEND THE FOUNTAIN VALLEY MUNICIPAL CODE (FVMC) SECTIONS 21.10.030, 21.15.030,

21.30.080, 21.30.090, AND 21.90.020 MAKING VARIOUS MODIFICATIONS TO TABLES 2-6, 2-8, AND 2-10 REGARDING ALLOWABLE USES IN

COMMERCIAL AND MIXED-USE ZONES, AMENDING THE DEFINITION

SECTON AND CREATING STANDARDS FOR HEALTH AND FITNESS
FACILITIES OF LESS THAN 5,000 SQAURE FEET.

WHEREAS, Article 11, Section 7 of the California Constitution authorizes the City of Fountain Valley (“City”) to make and enforce within its limits all ordinances and regulations not in conflict with general laws; and
WHEREAS, the Fountain Valley Municipal Code (“FVMC”) currently requires a Conditional Use Permit (CUP) for any proposed Health and Fitness center in the C1 and C2 zones; and
WHEREAS, the City currently requires a CUP for any Studio use providing art, dance, martial arts, yoga, music, photography, or similar uses in all commercial, manufacturing, and mixed-use zones;
WHEREAS, the city wishes to distinguish studio uses offering art, music and photography from those which offer dance, yoga, martial arts or similar uses; and WHEREAS, a City survey of the surrounding cities of Westminster, Newport Beach, Costa Mesa, and Santa Ana found that the approval of a CUP is not required to operate similar gym uses less than 5,000 sf; and
WHEREAS, in the last five years, the Planning Commission has reviewed and approved only six (6) gym uses less than 5,000 square feet in the City of Fountain Valley; and
WHEREAS, establishing health and fitness centers less than 5,000 square feet will allow for smaller, private facilities that operate based on a different business model than largescale commercial gyms; and WHEREAS, by allowing health and fitness centers less than 5,000 square feet by right in Commercial and Manufacturing zones, it will help enhance the City’s economic base, provide for a fiscally sustainable municipal government, and help ensure economic prosperity for applicants by eliminating the entitlement processing time of 2-3 months for a CUP.

Additionally, allowing Gyms under 5,000 square feet by right in all commercial and manufacturing zones will align with use requirements of surrounding cities; and WHEREAS, reasonable development standard requirements, such as operating

“Exhibit A”
hours, number of classes operating at a time, and noise and sound mitigation will be required to be met for health and fitness centers less than 5,000 square feet; and WHEREAS, the City Council desires to adopt a permitting process and regulatory standards specific to Studios, Artist Studios and Health and Fitness uses; and WHEREAS the City wishes to distinguish the difference between semi-permanent makeup and tattooing; and.

WHEREAS, the City has identified semi-permanent makeup as a professional service use such as beautify salons, barbershops, or other similar uses; and WHEREAS, Fountain Valley Municipal Code currently does not permit any off-site Storage use in Public Institutions (PI) zones; and
WHEREAS, the City wishes to establish the ability to allow for outdoor storage in PI zones with approval of a Temporary Use Permit (TUP); and WHEREAS, the City will establish the ability to allow for outdoor storage in PI zones with approval of a Temporary Use Permit (TUP); and
WHEREAS, reasonable development standard requirements, such as screening, decorative walls, fences, and or landscaping, shall be provided to a height of at least one foot above the approved height of the materials being stored; and WHEREAS, temporary uses may be allowed, subject to the issuance of a temporary use permit by the director; and
WHEREAS, the Fountain Valley Planning Commission considered the proposed Code Amendment No. 24-01 at a duly noticed public hearing on August 12, 2024, and by a vote of 5-0 recommended the City Council approve CA 24-01 allowing for modifications to section

21.10.030 Table 2-8 allowing for offsite storage and outdoor storage Public Instructional zones ; and
WHEREAS, the proposed CA 24-01 has been publicly noticed in accordance with State Law and the Fountain Valley Municipal Code; and
WHEREAS, all legal prerequisites prior to the adoption of this Ordinance have occurred.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FOUNTAIN VALLEY DOES HEREBY ORDAINS AS FOLLOWS:

SECTION 1
The City Council hereby determines that CA 24-01 is not subject to the California Environmental Quality Act (“CEQA”), pursuant to Section 15061(b)(3) as the activity is covered by the general rule that CEQA applies only to projects which have the potential for

“Exhibit A”
causing significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

SECTION 2
The City Council finds that due notice of the public hearing on September 17, 2024, conducted in the City Council Chambers, 10200 Slater Avenue, Fountain Valley, was given as required by the Fountain Valley Municipal Code, Title 21, and the State of California. Public notice of this hearing and a copy of the City Council agenda were posted at City Hall, Recreation Center and the Fountain Valley Library.

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

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

The proposed CA is consistent with General Plan Land Use Element Goal LU-1 as it will provide for an arrangement of compatible land uses that protects and maintains attractive and safe neighborhoods while promoting dynamic activity centers and preserving conventional commercial and industrial uses. Per policy LU-1.1, Land use compatibility and viability, the CA will require that new development is located, scaled, buffered, and designed to minimize negative impacts on existing conforming uses and adjacent neighborhoods. By removing the CUP requirements, and allowing for the change in land use, it will encourage new business and eliminate the time it takes to process a CUP for semi-permanent makeup use and gym uses.

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

Approval of CA 24-01 will not create conditions materially detrimental to the public health, safety and general welfare. Gyms and Studio uses are currently permitted with approval of a CUP. By allowing these uses by right with outlined development standards, they will continue to operate within their permitted zone area. These uses will be required to meet certain requirements to help protect against negative impacts to adjacent neighbors. All semi-permanent make up uses will be required to comply with the California Safe Body Art Act (SBAA) that establishes health and safety standards for body art establishments. The Act requires all body art practitioners to annually register with the County, obtain annual blood-borne pathogen training, provide documentation of Hepatitis B vaccination status, obtain specific health information from clients, and obtain “informed consent” from clients.

The SBAA also requires the owner of a body art facility to obtain a health permit, operate the facility in a safe and clean manner, maintain written procedures for the operation of the facility, and maintain records of training and equipment

“Exhibit A”
sterilization. The proposed amendment to Temporary Use Permits would not be detrimental to the public convenience, health, interest, safety or welfare of the city All Temporary outdoor storage and off-site storage will comply with standards for TUP, and must meet standards including aesthetic, area, height, and location.

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

The Project has been reviewed in compliance with CEQA as addressed in Section 1 above.

4. The proposed amendment is internally consistent with other applicable provisions of this title.

As noted in finding 1 above, CA 24-01 would amend FVMC Section 21.10.030 TABLE 2.6 21.15.030, TABLE 2-10, MU-1, MU-2, 21.90.020(16), 21.90.020(20),

21.12.030 TABLE 2-8 to provide internal consistency with other applicable provisions of Title 21. There are no other known inconsistencies with the proposed amendment and other applicable provisions of Title 21.

SECTION 4
Section 21.10.030 is hereby amended in part to read as follows:
“…

21.10.030 Commercial and manufacturing district land uses and permit requirements.

Table 2-6 identifies the uses of land allowed by this title in the commercial and manufacturing zoning districts, and the land use permit required to establish each use, in compliance with Section 21.06.030 (Allowable land uses and permit requirements) of this title.

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

TABLE 2-6
Allowed Uses and Permit
Requirements for Commercial and Manufacturing
Zoning Districts
P Permitted Use
Specific
Use
Regs.

CUP Conditional Use Permit required
— Use not allowed

PERMIT REQUIRED BY DISTRICT
LAND USE (1) CP C1 C2 CM M1

AGRICULTURE AND OPEN SPACE USES
Agricultural production — — — CUP P
Agricultural produce market, wholesale — — — CUP P

“Exhibit A”
Greenhouses, commercial, wholesale only — — — P P

MANUFACTURING AND PROCESSING USES
Agricultural products processing — — — CUP P
Apparel and fabric products manufacturing — — — P P
Assembly of prepared materials — — — P P
Bakery products distribution — — — P P
Chemical product manufacturing — — — CUP P
Concrete, gypsum, and plaster products — — — — CUP
Electronics and appliance manufacturing — — — P P
Food and beverage product manufacturing — — — CUP P
Furniture/fixtures manufacturing, cabinet shops — — — CUP P Fuel storage — — — — CUP
Glass product manufacturing — — — CUP P
Handcraft industries, small-scale manufacturing — — P P P Laundries and dry cleaning plants — — — P P
Leather, fur products — — — P P
Machinery manufacturing — — — CUP P
Metal products fabrication, machine/welding shops — — — CUP P Paper product manufacturing — — — CUP P
Petroleum bulk storage — — — — CUP
Pharmaceuticals manufacturing — — — CUP P
Photographic processing — — — P P
Plastics, synthetics, rubber products manufacturing — — — CUP P Printing and publishing — — P P P
Quarry materials storage and distribution — — — CUP CUP Recycling – Large collection facility — — — CUP CUP
Recycling – Small collection facility — CUP CUP CUP CUP Research and development (R&D) — — — P P
Stone and stone cut products — — — CUP P
Structural clay and pottery product manufacturing — — — — CUP Textile manufacturing — — — CUP P
Warehousing, wholesaling and distribution facilities — — — P P Allowed Uses and Permit
Requirements for Commercial and Manufacturing
Zoning Districts
P Permitted Use
Specific
Use
Regs.

CUP Conditional Use Permit required
— Use not allowed

PERMIT REQUIRED BY DISTRICT
LAND USE (1) CP C1 C2 CM M1

MANUFACTURING AND PROCESSING USES
(con’t)
Woodworking shops, including cabinetry — — — P P

RECREATION, EDUCATION AND PUBLIC ASSEMBLY USES
Accessory entertainment uses CUP CUP CUP CUP CUP
Artist studios (art, music, photography, etc.) CUP CUP CUP CUP CUP Assembly facilities and nonprofit institutions — CUP CUP — — Billiard and pool halls — — CUP — —
Clubs, lodges, membership meeting halls CUP CUP CUP — — Dance halls — — CUP — —
Health and fitness centers greater than 5,000 sf — CUP CUP — — Health and fitness centers less than 5,000 sf — P P P P Indoor amusement/entertainment facilities — CUP CUP CUP CUP Libraries and museums CUP CUP P — —

“Exhibit A”
Night clubs and bars — — CUP — —
Outdoor commercial recreation facilities — — CUP — —
Schools - private CUP CUP CUP —
Schools - Specialized training and education CUP CUP CUP CUP CUP Studios (dance, martial arts, music, photography, etc.) CUP CUP CUP CUP CUP Theaters and auditoriums — CUP CUP — —

RESIDENTIAL USES
Caretaker’s quarters — — — CUP CUP
Emergency shelters2 — CUP P
2 — —
Rooming and boarding houses CUP — — — —
Residential care homes CUP — — — —
Single room occupancy (SRO) — — CUP — —

RETAIL TRADE
Accessory retail sales P P P CUP CUP
Alcoholic beverage sales, off-premises — CUP CUP — —
Alcoholic beverage sales, on-premises — CUP/P4 CUP/P4 CUP/P4 CUP 21.10.060 Antiques, art galleries, collectibles P P P CUP CUP
Auto parts sales — P P P P
Auto sales and rental, new — CUP CUP CUP CUP
Auto sales and rental, used — — CUP CUP CUP
Bakeries, retail — P P — —
Butcher shops — P P — —
Building material stores — — CUP P —
Convenience stores — CUP CUP — —
Allowed Uses and Permit
Requirements for Commercial and Manufacturing
Zoning Districts
P Permitted Use
Specific
Use
Regs.

CUP Conditional Use Permit required
— Use not allowed

PERMIT REQUIRED BY DISTRICT
LAND USE (1) CP C1 C2 CM M1
RETAIL TRADE (con’t)
Department stores — P P P —
Drive-in and drive-through sales — CUP CUP — —
Drug stores, pharmacies CUP P P — —
Equipment sales and rental — — — CUP CUP
Furniture, furnishings & appliance stores — P P P CUP
Garden supply and equipment sales and services P P P CUP General retail, primary use CUP P P CUP —
Grocery stores — P P — —
Heavy equipment sales and rental — — — CUP CUP
Hydroponic stores — CUP CUP — —
Lumber yards — — — CUP CUP
Multi-use commercial centers — CUP CUP CUP —
Pet shops — P P P —
Plant nurseries and garden supply stores — P P P CUP
Recreational vehicle sales and rental — — CUP — CUP
Restaurants – Large format CUP CUP CUP — CUP 21.10.060
Restaurants – Small format — P P P CUP 21.10.060
Restaurants – Accessory cafeterias — CUP CUP CUP CUP

“Exhibit A”
Secondhand stores, pawn shops — CUP CUP — —
Specialized sporting goods store — P P CUP CUP
Tattoo establishments — CUP CUP — —

SERVICES
Ambulance services CUP — — CUP CUP
Automated teller machines (ATMs) P P P P P
Auto repair and maintenance, minor — CUP CUP CUP P
Auto repair and maintenance, major — — CUP CUP P
Banks and financial services P P P CUP —
Business support services — P P P P
Car wash, full service — CUP CUP — —
Car wash, self service — CUP CUP CUP —
Catering services — — — CUP P
Child day care and adult day care centers — CUP CUP CUP — Allowed Uses and Permit Requirements for Commercial
and Manufacturing Zoning Districts
P Permitted Use
Specific
Use
Regs.

CUP Conditional Use Permit
required
— Use not allowed

PERMIT REQUIRED BY DISTRICT
LAND USE (1) CP C1 C2 CM M1
SERVICES (con’t)
Contractor’s storage yard — — — — CUP
Gunsmiths — — — CUP CUP
Hotels and motels CUP CUP CUP CUP —
Medical services – Clinics, offices, and laboratories P P P — — Medical services – Extended care P CUP CUP — —
Medical services – Hospitals CUP CUP CUP — —
Mortuaries CUP CUP CUP — —
Offices – Administrative, business, professional P P P P P Personal services, accessory use P P P — —
Personal services, primary use P P P — —
Pest control services — — — P P
Repair services for consumer products — P P CUP P
Semi-permanent makeup P P P — —
Service stations — CUP CUP — —
Storage, outdoor CUP CUP CUP CUP CUP
Storage, commercial self-storage (mini-storage) — — — — — Veterinarians, animal hospitals, kennels, boarding — CUP CUP — CUP

TRANSPORTATION AND COMMUNICATIONS USES
Broadcast studios — — — CUP CUP
Heliports — — — — CUP
Parking lots and garages CUP CUP CUP CUP CUP
Transit stations and terminals — — — CUP CUP
Vehicle and freight terminals — — — CUP CUP
Wireless telecommunications facilities (3) Administrative wireless facilities permit (3)

21.28

“Exhibit A”
Notes:
(1) See Chapters 21.66 through 21.84 of this title for land use definitions. See Section 21.02.020 regarding uses not listed.
(2) Emergency shelters are limited to no more than 30 occupants per site as a permitted use.

Emergency shelters with more than 30 occupants per site are permitted subject to the approval of a CUP.
(3) Wireless telecommunications facilities may also be permitted by a conditional use when the planning/building director determines that the project’s complexity or the public interest warrants the referral.
(4) On-premises beer and wine sales may be permitted per Section 21.10.060. …”
SECTION 5
Section 21.12.030 is hereby amended in part to read as follows:
“…

21.12.030 Special purpose district land uses and permit requirements.

Table 2-8 identifies the uses of land allowed by this title in each special purpose zoning district, and the land use permit required to establish each use, in compliance with Section 21.06.030 (Allowable land uses and permit requirements) of this title.

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

Table 2-8

SPECIAL PURPOSE DISTRICT LAND USE AND PERMIT REQUIREMENTS P Permitted Use
CUP Conditional Use Permit required
TUP Temporary Use Permit
— Use not allowed
Allowed Uses and Permit Requirements for Special
Purpose Land Use

PERMIT REQUIRED BY

DISTRICT
Specific Use
Regulations
LAND USE (1) PI P/OS

AGRICULTURE AND OPEN SPACE USES
Hiking and bicycle trails — P
Nature preserves — P
Convention and exhibition centers CUP —
Golf course, private — P
Libraries and museums CUP —
Municipal facilities P P
Schools, colleges and universities CUP —
Schools, private CUP —
Temporary off-site storage TUP
Temporary outdoor storage TUP

“Exhibit A”
Outdoor recreational facilities — P
Assembly uses CUP —

RESIDENTIAL USES
Caretaker housing CUP —

SERVICES
Day care centers CUP — 21.30.020
Medical services - hospitals and related medical services Wireless telecommunications facilities CUP (2) CUP (2) 21.28 Notes:
(1) See Article VI for land use definitions. See Section 21.02.020 regarding uses not listed. (2) Wireless telecommunications facilities may also be permitted by an administrative permit subject to the provisions in Chapter 21.28.
…”
SECTION 6
Section 21.15.030 is hereby amended in part to read as follows:
“…

21.15.030 Mixed-use district land uses and permit requirements.

Table 2-10 identifies the uses of land allowed in the mixed-use zone, and the land use permit required to establish each use, in compliance with Section 21.06.030 (Allowable land uses and permit requirements) of this title.

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

TABLE 2-10

MIXED-USE DISTRICT LAND USE AND PERMIT REQUIREMENTS
P Permitted Use
Allowed Uses and Permit Requirements for
Mixed-Use Zoning Districts
CUP Conditional Use
Permit required
— Use not allowed

PERMIT REQUIRED
LAND USE (1) MU-1 and MU-2 Specific Use Regulations

MANUFACTURING AND PROCESSING USES
Manufacturing and processing uses (see
Chapter 21.10, Table 2-6, for expanded list of
uses)
—
Recycling—Small collection facility CUP

RECREATION, EDUCATION AND PUBLIC ASSEMBLY USES
Accessory entertainment uses CUP
Artist studios (art, music, photography, etc.) CUP
Assembly facilities and nonprofit institutions CUP

“Exhibit A”
P Permitted Use
Allowed Uses and Permit Requirements for
Mixed-Use Zoning Districts
CUP Conditional Use
Permit required
— Use not allowed

PERMIT REQUIRED
LAND USE (1) MU-1 and MU-2 Specific Use Regulations
Billiard and pool halls CUP 21.15.040(c)(3)
Clubs, lodges, membership meeting halls CUP 21.15.040(c)(3) Dance halls CUP 21.15.040(c)(3)
Health and fitness centers greater than 5,000 sf -
Health and fitness centers less than 5,000 sf P
Indoor amusement/entertainment facilities CUP 21.15.040(c)(3) Libraries and museums P
Night clubs and bars —
Outdoor commercial recreation facilities —
Private residential recreational facilities P
Schools—Private CUP
Schools—Specialized training and education CUP
Studios (dance, martial arts, music, photography
etc.) CUP 21.15.040(c)(3)
Theaters and auditoriums CUP 21.15.040(c)(3)

RESIDENTIAL USES
Accessory dwelling units P
Affordable housing P
Caretaker’s quarters —
Cottage food operations P
Duplexes P (MU-2 only)
Emergency shelters (2) —
Home businesses P
Live-work units P
Mobile home parks —
Multi-family dwellings P
Residential accessory uses and structures P
Rooming and boarding houses CUP
Residential care homes CUP
Single-family dwellings —
Single room occupancy (SRO) —
Supportive housing P
Transitional housing P

RETAIL TRADE
Accessory retail sales P
Alcoholic beverage sales, off-premises CUP
Alcoholic beverage sales, on-premises CUP/P (4) 21.10.060 Antiques, art galleries, collectibles P
Auto parts sales P
Auto sales and rental, new —
Auto sales and rental, used —
Bakeries, retail P
Butcher shops P
Building material stores —
Convenience stores P

“Exhibit A”
P Permitted Use
Allowed Uses and Permit Requirements for
Mixed-Use Zoning Districts
CUP Conditional Use
Permit required
— Use not allowed

PERMIT REQUIRED
LAND USE (1) MU-1 and MU-2 Specific Use Regulations
Department stores P
Drive-in and drive-through sales —
Drug stores, pharmacies P
Equipment sales and rental —
Furniture, furnishings & appliance stores P
Garden supply and equipment sales and services —
General retail, primary use P
Grocery stores P
Heavy equipment sales and rental —
Hydroponic stores —
Lumber yards —
Multi-use commercial centers CUP
Pet shops (no kennels) P
Plant nurseries and garden supply stores —
Recreational vehicle sales and rental —
Restaurants—Large format CUP 21.10.060
Restaurants—Small format P 21.10.060
Restaurants—Accessory cafeterias CUP
Secondhand stores, pawn shops CUP
Specialized sporting goods store P
Tattoo establishments —

SERVICES
Adult day care—Large P 21.30.020
Adult day care—Small P 21.30.020
Ambulance services —
Automated teller machines (ATMs) CUP
Auto repair and maintenance, minor —
Auto repair and maintenance, major —
Banks and financial services P
Business support services P
Car wash, full service —
Car wash, self service —
Catering services (stand-alone) —
Child day care centers CUP
Contractor’s storage yard —
Day care—Large family day care homes P 21.30.020
Day care—Small family day care homes P 21.30.020
Gunsmiths —
Hotels and motels P
Medical services—Clinics, offices, and
laboratories P
Medical services—Extended care —
Medical services—Hospitals —
Mortuaries —
Offices—Administrative, business, professional P

“Exhibit A”
P Permitted Use
Allowed Uses and Permit Requirements for
Mixed-Use Zoning Districts
CUP Conditional Use
Permit required
— Use not allowed

PERMIT REQUIRED
LAND USE (1) MU-1 and MU-2 Specific Use Regulations
Personal services, accessory use P
Personal services, primary use P
Pest control services —
Repair services for consumer products P
Semi-permanent makeup P
Service stations —
Storage, outdoor —
Storage, personal self-service (mini-storage) —
Veterinarians, animal hospitals, kennels, boarding CUP 21.15.040(c)(3)

TRANSPORTATION AND COMMUNICATIONS USES
Broadcast studios —
Heliports —
Stand-alone parking lots and garages —
Transit stations and terminals —
Vehicle and freight terminals —
Wireless telecommunications facilities (3) Administrative wireless facilities permit (3) 21.28
Notes:
(1) See Chapters 21.66 through 21.84 of this title for land use definitions. See Section 21.02.020 regarding uses not listed.
(2) Emergency shelters are limited to no more than 30 occupants per site as a permitted use. Emergency shelters with more than 30 occupants per site are permitted subject to the approval of a CUP. (3) Wireless telecommunications facilities may also be permitted by a conditional use when the planning/building director determines that the project’s complexity or the public interest warrants the referral.
(4) On-premises beer and wine sales may be permitted per Section 21.10.060. …”
SECTION 7
Section 21.48.050 is hereby amended in part to read as follows:
“…

21.48.050 Allowed temporary uses.

The following temporary uses may be allowed, subject to the issuance of a temporary use permit by the director. Uses that do not fall within the categories defined below shall comply with the use and development regulations and entitlement review provisions that otherwise apply to the property.

“Exhibit A”
(1) Car Washes.
(A) Car washes, not more than twelve days each twelve-month period for each location; (B) Sponsorship shall be limited to educational, fraternal, religious or service organizations directly engaged in civic or charitable efforts, or to tax exempt organizations in compliance with 501(c) of the Federal Revenue and Taxation Code.
(2) Construction Yards—Off-Site.
(A) Off-site contractors' construction yards, in conjunction with an approved construction project; (B) One adult caretaker may be present during nonconstruction hours; (C) The permit shall expire and the construction yard shall be removed immediately upon completion of the construction project, or the expiration of the companion building permit, authorizing the construction project.
(3) Events.
(A) Amusement rides, arts and crafts exhibits, auctions, carnivals, circuses, concerts, fairs, farmer's markets, festivals, flea markets, food events, outdoor entertainment/sporting events, rodeos, rummage sales, second hand sales and swap meets for eighteen consecutive days or less, or six two-day weekends, within a twelve-month period; (B) Outdoor meetings and group activities within the parking areas for seven consecutive days or less, within a twelve-month period;
(C) Church sales, bazaars, dinners, parties or other outdoor events on church owned property other than the uses identified in paragraphs (1)(A) and (B) of this section shall not be limited to the number of occasions or the duration of each.
(4) On-Location Filming Activities.
(A) The temporary use of a specified and director and fire chief-approved on-location site for the filming of commercials, movie(s), videos, etc.
(B) The director shall make an additional finding: The approval would not result in a frequency of uses likely to create incompatibility between the temporary filming activity and the surrounding neighborhood.
(5) Outdoor Displays/Sales. The temporary outdoor display/sales of merchandise (e.g., sidewalk sales) shall be allowed only if the merchandise regularly sold on the premises and located immediately adjacent to the structure for a period of eighteen consecutive days or less, within a twelve-month period. (6) Outdoor Sales of Flowers and Produce.
(A) The temporary outdoor sales of items (e.g., flowers, fruits, vegetables, etc.) which shall be allowed only if the property is engaged in agricultural production for the duration of the temporary use;
(B) The sales stand shall be temporary and located a minimum of seventy-five feet from any existing structure used for residential purposes, if not owned by the applicant for the temporary use permit;
(C) The maximum duration shall not exceed ninety consecutive days, within a twelve-month period, if located on a parcel(s) not engaged in agricultural production.

“Exhibit A”
(7) Seasonal Sales Lots. Seasonal sales activities (e.g., Halloween, Thanksgiving, Christmas, etc.) including temporary residence/security trailers, on non-residential properties, for forty-five days or less, within a twelve-month period.
(8) Temporary Model Homes. Temporary model homes and related facilities (e.g., parking lots) may be established within the area of an approved residential subdivision project, solely for the first sale of homes. The application may be approved for a maximum time period of twelve months. (9) Temporary Structures. A temporary classroom, office or similar portable structure, including a manufactured or mobile unit, may be approved, for a maximum time period of twelve months, as an accessory use or as the first phase of a development project, in the commercial and industrial zoning districts.
(10) Temporary Work Trailers.
(A) A trailer or mobile home may be used as a temporary work site for employees of a business:
(i) During construction or remodeling of a permanent commercial or manufacturing structure, when a valid Building Permit is in force; or (ii) Upon demonstration by the applicant that the temporary work site is a short-term necessity, while a permanent work site is being obtained. (B) A permit for temporary work trailer(s) may be granted for up to twelve months. (11) Temporary off-site storage yards.
(A) A permit for temporary off-site storage may be granted by the Community Development Director for up to twelve months. Limited to only Public Intuitional Zones. Additional time may be granted at the discretion of the director.
(12) Similar Temporary Uses. Similar temporary uses which, in the opinion of the director, are compatible with the zoning district and surrounding land uses and necessary due to unusual or unique circumstances beyond the control of the applicant.
(13) Minor Temporary Uses. Minor temporary uses for non-profit entities that draw less than two hundred people during a four-hour period, do not provide any amplified music, and can accommodate on-site parking for all attendees.…”
SECTION 8
Section 21.90.020(19) Definitions “S.” is hereby amended to include the definition of semipermanent makeup as follows:
“…
“Semi-permanent makeup” means barber and beauty shop business, which offers professional beauty services consisting of eyebrow micro blading, micro-needling, microdermabrasion, lip blush and similar makeup application materials. …”
Section 9
Section 21.30.080 is hereby amended in part to read as follows:

“Exhibit A”
“…

21.30.080 Violations of specific land use standards.

It is unlawful for any owner, operator, tenant or other person in control of property within the city for which the specific standards set forth in this chapter applies, to fail to comply with those standards.

21.30.080 Health and fitness centers less than 5,000 square feet This section provides standards for the establishment of various types Studio uses under the land use category of health and fitness centers less than 5,000 square feet in compliance with Chapters 21.04 through 21.15 of this title, which shall be subject to the following criteria and standards:
(1) Group classes shall be separated by a minimum of fifteen minutes from the end of one class to the beginning of the next class. There shall be no more than three (3) individual instructional classes on the premises for all studios.
(2) All business activities shall be conducted indoors. Any and all amplified sound and music shall be kept to a level that cannot be heard outside of the subject suite. (3) The applicant shall implement noise attenuation measure to reduce all noise, sounds, vibrations, etc. such as acoustic panels, acoustic foam, soundproofing insulation, sound dampening windows and doors, etc. Based on substantiated noise complaints, the Community Development Director may require additional noise attenuation measures or limitations on the use of amplified sound.
(4) Operator shall acknowledge Education Code Section 48200 et. seq. which states that persons under the age of 18 are subject to compulsory education and are required to be in school unless exempted. The studio will be limited to instructional classes for dance, marital arts, yoga, etc.
(5) There shall be no ceremonial events, public assembly, public entertainment or similar assembly uses taking place on site. Any ceremonies or events shall be subject to approval of a Temporary Use Permit.

21.30.090 Violations of specific land use standards.

It is unlawful for any owner, operator, tenant or other person in control of property within the city for which the specific standards set forth in this chapter applies, to fail to comply with those standards.
…”
SECTION 10
Section 21.90.020(20) Definitions “T.” is hereby amended to amend the definition of tattoo establishments as follows:
“…

“Exhibit A”
“Tattoo establishments” mean premises used for the business of marking or coloring the skin with tattoos and all furnishings, equipment, instruments, dyes, inks, and other facilities maintained therein incidental to such use. Does not include establishments offering semipermanent makeup uses. See definition of semi-permanent makeup.

SECTION 11
The definition of “Artist studios for art, music, photography, etc.” is hereby added to Section

21.90.020(1) Definitions “A.” as follows:
“…
“Artist Studios for art, music, photography, etc.” means small-scale facilities, typically accommodating one group of students at a time, in no more than one instructional space. These studios include facilities for individual and group instruction and training in the arts, production rehearsal, music recording, photography, and the processing of photographs produced only by users of the studio facilities. Larger facilities are included under the definition of “schools— specialized education and training.”
…”
SECTION 12
The definition of “Health/fitness facilities” in Section 21.90.020(8) Definitions “H.” is hereby amended to read as follows:
“…
"Health and fitness centers/fitness facilities" means fitness centers, gymnasiums, health and athletic clubs including any of the following: indoor sauna, spa or hot tub facilities; indoor tennis, handball, racquetball, archery and shooting ranges and other indoor sports activities. …”
SECTION 13
The definition of “Health and fitness centers less than 5,000 sf” is hereby added to Section

21.90.020(8) Definitions “H.” as follows:
“…
“Health and fitness centers less than 5,000 sf” means small-scale facilities, typically accommodating one group of students at a time, in no more than one instructional space. May include fitness centers, gymnasiums, health and athletic clubs, dance, martial arts, and yoga facilities that have a gross square footage less than 5,000 square feet. …”

“Exhibit A”
SECTION 14
The definition of “Studios for art, dance, music, photography, etc.” in Section 21.90.020(19) Definitions “S.” is hereby removed as follows:
“…
"Studios for art, dance, music, photography, etc." means small scale facilities, typically accommodating one group of students at a time, in no more than one instructional space. Larger facilities are included under the definition of "schools—specialized education and training." These studios include facilities for: individual and group instruction and training in the arts, production rehearsal, music recording, photography, and the processing of photographs produced only by users of the studio facilities; and physical fitness activities such as martial arts training studios, yoga, gymnastics instruction, aerobics and gymnastics studios with no other fitness facilities or equipment.
”
SECTION 15
If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the ordinance. The City Council declares that it would have passed this ordinance and each and every section, subsection, sentence, clause or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would subsequently be declared invalid or unconstitutional.

SECTION 16
The City Clerk shall certify to the adoption of this ordinance and cause it to be published as required by law. This ordinance shall become effective thirty (30) days after the date of its adoption.

PASSED, APPROVED AND ADOPTED THIS DAY OF , 2024.

ATTEST:

City Clerk Mayor

APPROVED AS TO FORM

HARPER & BURNS LLP
___________________________
Attorneys for the City

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

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

1. Attach certified document of exemption finding.

2. Has a Notice of Exemption been filed by the public agency approving the project?: Yes No Signature: ________________________________ Date: _____________ Title: ___________________ Signed by Lead Agency Signed by Applicant
Code Amendment No. 24-01
City of Fountain Valley - Citywide
AMEND THE FOUNTAIN VALLEY MUNICIPAL CODE (FVMC) SECTIONS 21.10.030,

21.15.030, 21.30.080, 21.30.090, AND 21.90.020 MAKING VARIOUS MODIFICATIONS TO TABLES 2-6, 2-8, AND 2-10 REGARDING ALLOWABLE USES IN COMMERCIAL AND MIXED-USE ZONES, AMENDING THE DEFINCTION SECTON AND CREATING STANDARDS FOR HEALTH AND FITNESS FACILITIE OF LESS THAN 5,000 SQAURE FEET.

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

Ron Vargas, Associate Planner 714-593-4479
✔

CITY OF FOUNTAIN VALLEY

CITY COUNCIL

COUNCIL ACTION REQUEST
To: Honorable Mayor and Agenda Date: September 17, 2024 Members of the City Council
SUBJECT: Approve Amendment No. 2 to CON-20-58 (#1136) with Nieves Landscape, Inc. for Median and Right-of-Way Landscape Maintenance Services to extend the contract term two (2) years and increase the annual contract amount by $13,388 for a total annual revised contract amount of $386,645
Three-Year Strategic Goals
☒ Enhance the culture and environment of “A Nice Place to Live” ☐ Achieve fiscal stability by evaluating processes, and attract and retain revenue producing businesses/opportunities
☐ Attract and retain quality staff through best practices and trends ☐ Maintain, build, and modernize infrastructure to support growth and future needs of the City
☐ Not applicable
EXECUTIVE SUMMARY:

Staff is requesting that the City Council approve Amendment No. 2 with Nieves Landscape, Inc. for Median and Right-of-Way Landscape Maintenance Services to extend the contract term by two (2) years and increase the annual contract amount by $13,388 for a total annual revised contract amount of $386,645.

City Council awarded a contract to Nieves Landscape, Inc. (Nieves) in the annual amount of $348,420 on December 15, 2020. The term of the contract commenced on January 1, 2021, and continued through December 31, 2022. On November 15, 2022, City Council approved Amendment No. 1 to extend the contract for an additional two-year period through December 31, 2024, and increase the annual base maintenance amount by 7.8%.

Per the terms of the contract, Public Works staff wishes to extend the contract for an additional two-year period through December 31, 2026.

Nieves has agreed to extend the contract through December 31, 2026, and has requested a

3.9% increase to the annual base maintenance amount of the contract, which is an increase of $13,388.

Amendment No. 2 to CON-20-58 (#1136)
September 17, 2024

The currently adopted FY 2024/25 budget includes sufficient funding for the amendment. The cost of the amended contract will be expensed to the Public Works Department, Rights-of-Way Service Contracts account (General Fund).

DISCUSSION:

Fountain Valley has contracted for median and right-of-way landscape maintenance services since 2009 as a cost-saving measure.

In accordance with the City’s Purchasing Policies, Public Works staff developed and issued a comprehensive Request for Proposal (RFP) for Median and Right-of-Way Landscape Maintenance Services on September 3, 2020. The detailed scope of work covered landscape and hardscape maintenance for the City’s roadway medians, synthetic turf areas, parkways, open spaces, and sidewalks, including turf mowing, weeding, shrub pruning, groundcover trimming, litter pickup, trash removal, hardscape and sidewalk sweeping and cleaning, irrigation maintenance/repair, fertilization, chemical application, pest control, legal disposal of all materials, shrub planting, plant removal, mulching, synthetic turf maintenance, cleaning of appurtenances, etc. The RFP also increased the frequency of service to reflect the City’s desire to achieve an improved level of cleanliness and maintenance on the City’s medians and rightof-ways, especially with regard to weed and litter control.

Nine (9) landscape companies submitted proposals by the October 8, 2020, deadline in response to the publicly advertised RFP. After staff carefully evaluated the written proposals, factored in the cost proposals, and interviewed the top three (3) companies, City Council awarded a contract (CON-20-58/#1136) to Nieves Landscape, Inc. (Nieves) for $348,420 on December 15, 2020. The term of the contract commenced on January 1, 2021, and continued through December 31, 2022.

On November 15, 2022, City Council approved Amendment No. 1 to CON-20-58 (#1136) which extended the term for an additional two-year period through December 31, 2024, and increased the annual base maintenance amount of the contract by 7.8%, which was an increase of $24,837).

Per the terms of the contract, the City has the option to renew the contract, with contractor concurrence, for two (2) additional two-year periods on the same terms and conditions.

Public Works staff has managed all of the work performed by Nieves over the past four (4) years and has been satisfied with their performance. Therefore, staff wishes to extend the contract for a second two-year period through December 31, 2026.

Nieves has agreed to extend the contract through December 31, 2026, and has requested a

3.9% cost increase to the annual base maintenance amount of the contract, which is an increase of $13,388.

Per the terms of the contract, the compensation terms may be adjusted by a mutually agreeable amount based on and not greater than the Consumer Price Index for All Urban Consumers (CPI-U) for Los Angeles-Long Beach-Anaheim, CA changes over the previous contract period as published by the U.S. Bureau of Labor Statistics in Table A: Los AngelesPage 271 Amendment No. 2 to CON-20-58 (#1136)
September 17, 2024

Long Beach-Anaheim CPI-U all items index, not seasonally adjusted. RFP-20-008 for Median and Right-of-Way Landscape Maintenance Services defined the CPI adjustment period for the second contract extension as September 2022 to September 2024. The September 2024 CPI data will not be released until mid-October. Therefore, staff is using the July 2024 CPI data, the most recent data available, to calculate the projected change in the published Consumer Price Index (CPI) for the previous contract period. The requested cost increase is below the change in the published Consumer Price Index (CPI) from September 2022 to July 2024 of

5.7% for Los Angeles-Long Beach-Anaheim index (i.e. local index).

In addition to being below the CPI increase over the previous contract period, the requested increase is less than the historical average increase that results from issuing an RFP. Over the past 10 years, the City’s historical average increase resulting from an RFP has been roughly 15% for similar service contracts. In contrast, the historical average for contract extensions has been roughly 4.5%.

Based on the service received, the reasonable increase requested, and the higher increases that historically result from issuing an RFP, staff believes that amending the existing contract is in the city's best interest. Therefore, staff is requesting that the City Council approve Amendment No. 2 to CON-20-58 (#1136) with Nieves Landscape, Inc. for Median and Rightof-Way Landscape Maintenance Services to extend the contract term by two (2) years and increase the annual contract amount by $13,388.

Extending CON-20-58 (#1136) for two (2) years will support the City’s strategic goal of enhancing the culture and environment of “A Nice Place to Live” by maintaining the City’s median and right-of-way landscaping and hardscape in a clean, safe, and attractive condition.

FISCAL REVIEW:

The annual cost of the amended contract is $386,645 per year, which includes a contingency of $30,000 for extra work. Since the amended contract does not take effect until January 1, 2025, the 2024/25 Fiscal Year is split between the current contract amount (July 1 – December 31, 2024) and the amended contract amount (January 1 – June 30, 2025).

General Fund
Public Works Department – Rights-of-Way – Service Contracts 100.50.50550.53010
FY 2024/25 Budgeted Amount – $390,500
Current Base Contract Amount July 1 – Dec. 31, 2024 $ 171,629 Amended Base Contract Amount Jan. 1 – June 30, 2025 $ 178,323 Extra Work “Contingency” July 1, 2024 – June 30, 2025 $ 30,000 FY 2024/25 Total Cost $ 379,952
The FY 2024/25 General Fund Budget allocates a total of $390,500 for median and right-ofway landscape maintenance services. The current adopted budget includes sufficient funding for Amendment No. 2 to CON-20-58 (#1136). It will be expensed to the General Fund in the Public Works Department, Rights-of-Way Service Contracts account (100.50.50550.53010).

The full financial impact of the amended contract is $773,291* for the two-year term, which breaks down as shown below.

Amendment No. 2 to CON-20-58 (#1136)
September 17, 2024

Account Number FY 2024/25
Jan. 1 – June 30,
2025
FY 2025/26
July 1, 2025 –
June 30, 2026
FY 2026/27
July 1 – Dec. 31,
2026
100.50.50550.53010 $193,323* $386,645* $193,323*
*Includes Extra Work “Contingency” Amount which abates unforeseen landscape/irrigation repair or additional planting as necessary.

PUBLIC NOTIFICATION:

Not applicable.

ENVIRONMENTAL IMPACT REVIEW:

Not applicable.

ATTORNEY REVIEW:

The Attorney(s) for the City has reviewed and approved Amendment No. 2 to CON-20-58.

ALTERNATIVES:

Alternative No. 1: Approve Amendment No. 2 to CON-20-58 (#1136) with Nieves Landscape, Inc. for Median and Right-of-Way Landscape Maintenance Services to extend the contract term two (2) years and increase the annual contract amount by $13,388 for a total annual revised contract amount of $386,645. This is the recommended action.

Alternative No. 2: Do not approve Amendment No. 2 to CON-20-58 (#1136) with Nieves Landscape, Inc. for Median and Right-of-Way Landscape Maintenance Services, and direct staff to issue a Request for Proposal. This is not recommended as staff has been satisfied with the quality, costeffectiveness and overall efficiency of Nieves’ services, and staff believes that issuing an RFP would result in higher costs to the City and possible delays to service.

RECOMMENDATION:

Staff is requesting City Council approval of Alternative No. 1 to approve Amendment No. 2 to CON-20-58 (#1136) with Nieves Landscape, Inc. for Median and Right-of-Way Landscape Maintenance Services to extend the contract term two (2) years and increase the annual contract amount by $13,388 for a total annual revised contract amount of $386,645.

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

Amendment No. 2 to CON-20-58 (#1136)
September 17, 2024

Approved by: Maggie Le, City Manager
Attachment:

1. Amendment No. 2 to CON-20-58 (#1136)

CITY OF FOUNTAIN VALLEY

CITY COUNCIL

COUNCIL ACTION REQUEST
To: Honorable Mayor and Agenda Date: September 17, 2024 Members of the City Council
SUBJECT: 1) Approve the three-year Cooperative Agreement for a School Resource Officer Program with the Garden Grove Unified School District to provide one full-time School Resource Officer at the district’s cost of $152,335; 2) Authorize the City Manager or her designee to execute the Agreement on behalf of the City Three-Year Strategic Goals
☒ Enhance the culture and environment of “A Nice Place to Live” ☐ Achieve fiscal stability by evaluating processes, and attract and retain revenue producing businesses/opportunities
☐ Attract and retain quality staff through best practices and trends ☐ Maintain, build, and modernize infrastructure to support growth and future needs of the City
☐ Not applicable
EXECUTIVE SUMMARY:

The Garden Grove Unified School District (GGUSD) recently expressed interest to the Fountain Valley Police Department in funding 76 percent of the fully burdened cost of one (1) School Resource Officer (SRO). The SRO will be assigned to the GGUSD school campuses of Los Amigos High School, Monroe Elementary School, Northcutt Elementary School, and Allen Elementary School, all located in the City of Fountain Valley. Staff requests Council approval to establish a three-year Cooperative Agreement for a School Resource Officer Program with the GGUSD to provide one (1) full-time SRO at the district’s cost of $152,335 and authorize the City Manager or her designee to execute the Agreement on behalf of the City.

DISCUSSION:

The presence of an SRO contributes to a reduction in crime, gang activity, discipline issues, bullying abatement, and overall school safety.

Examples of SRO duties include: 1) Liaison between the Police Department and GGUSD; 2) Provide students with a better understanding of the nature and function of law enforcement by providing classroom presentations as requested; 3) When appropriate, be a resource for students, parents, and staff; 4) Foster relationships and respect with students; 5) Investigate most crimes that occur on school campuses; 6) Deter criminal activity; 7) Consider restorative

School Resource Officer Program
September 17, 2024

options for minor criminal offenses where appropriate (i.e., diversion program) and perform duties consistent with Procedural Justice concepts. SROs should utilize the Youth Diversion Program as the primary option when considering an appropriate disposition to juvenile criminal behavior; 8) Not be responsible for school discipline matters that are routine (i.e., dress code infractions, code of conduct violations, non-criminal contraband possession, etc.); 9) Not be responsible for administering school-based disciplinary consequences for students such as suspension and/or expulsions; 10) Coordinate Patrol familiarization training to enhance Patrol response to violent incidents at the high school campus; 11) Attend administrative meetings as requested; 12) Presence at major sporting events, large functions, and graduation events; and 13) Attend home visits with school staff or counselors when requested.

The Cooperative Agreement includes a provision that the City is not obligated to provide an SRO to GGUSD. The City has notified GGUSD that the Police Department is currently understaffed, and the City reserves the right to meet its own staffing needs before providing an SRO to GGUSD.

FISCAL REVIEW:

The fully burdened cost of an additional full-time SRO annually is $200,440. In the proposed cost-sharing Agreement, GGUSD will cover 76 percent of that fully burdened cost, or $152,335.

The City of Fountain Valley will fund the remaining 24 percent, or $48,105, from its existing budget with no additional appropriations being requested. It will be expensed to the Personnel Allocations account in the Police Department (100.70.70700). Contract price increases during the contract term will be based on any increases in the City's salaries and benefits during the contract period. GGUSD shall pay FVPD their full share on or before August 1 of each fiscal year.

Any SRO overtime will be preapproved and paid for by GGUSD. SRO services will only be provided while school is in regular session, and services are not being requested during periods of summer school.

PUBLIC NOTIFICATION:

Not applicable.

ENVIRONMENTAL IMPACT REVIEW:

Not applicable.

ATTORNEY REVIEW:

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

School Resource Officer Program
September 17, 2024

ALTERNATIVES:

Alternative No. 1: Approve the three-year Cooperative Agreement for School Resource Officer Program with the Garden Grove Unified School District to provide one full-time School Resource Officer at the district’s cost of $152,335 and authorize the City Manager or her designee to execute the Agreement on behalf of the City.

Alternative No. 2: Do not approve the three-year Cooperative Agreement for School Resource Officer Program with the Garden Grove Unified School District to provide one full-time School Resource Officer at the district’s cost of $152,335 and do not authorize the City Manager or her designee to execute the Agreement on behalf of the City.

RECOMMENDATION:

Staff is requesting City Council approve Alternative No.1: Approve the three-year Cooperative Agreement for School Resource Officer Program with the Garden Grove Unified School District to provide one full-time School Resource Officer at the district’s cost of $152,335 and authorize the City Manager or her designee to execute the Agreement on behalf of the City.

Prepared by: Steve DeSantis, Police Captain
Reviewed by: Michael Ishii, Interim Police Chief
Fiscal review by: Ryan Smith, Finance Director
Approved by: Maggie Le, City Manager
Attachments:

1. 2024 Cooperative Agreement for School Resource Officer Program with the Garden Grove Unified School District

OocuSign Envelope ID: C4EBE6AB-016A-4AE8-B667-7C3B546E44CA

COOPERATIVE AGREEMENT
FOR.SC1;-1OOl RESOURCE OFFICER .. P.ROGRAM·
THIS AGREEMENT, made and entered into this [DATE], by and between the CITY OF FOUNTAIN VAL LEY (hereinafter referred to as "CITY") and the GARDE N GR OVE UNIFIED SCHO OL DI STRICT (hereinafterre ferre d to as "GGUSD"), CITY and GGUSD are referred to herein as the PARTIES, whereby it is agreed as follows:

SECTION 1: PURPOSE
The purpose of this Agreement is to arrange for CITY to provide GGUSD with full- time police officers to establish a School Resource Officer Program at one (1) high school, and three (3) elementary schools of the GGUSD located within the CITY and to apportion costs for this program between the Parties as set forth in this Agreement.

SECTION II: SCHOOL RESOURCE OFFICER PROGRAM
A. School Resource Safety Officers. CITY will designate a special unit of officers within the Fountain Valley Police Department (FVPD) consisting of full-time sworn police officers specially trained and selected to provide school resource officer (SRO) services as follows:

1. The SROs will provide safety and crime prevention at GGUSD participating schools. SROs will be a visible, active law enforcement figure on campus dealing with law enforcement matters originating on the assigned campus.

2. The SROs will provide classroom education on the topic of law enforcement and safety using FVPD and GGUSD approved materials.

3. The SROs will be a resource for students, enabling students to be associated with a law enforcement figure and having a role model in the students' environment.

4. The SROs will hold monthly meetings with intermediate, high school and elementary school principals to discuss gang and graffiti issues, as well as any other law enforcement concerns.

5. The SROs will assist school administrators in developing and practicing emergency disaster protocols and procedures.

6. The SRO program will employ up to one full-time police officer to effectively provide a presence at the one ( 1 ) high school, and three (3) elementary schools in the program. Initial
1406489.1 School Resource Officer Program Cooperative Agreement