Fountain Valley City Council
October 1, 2024

AGENDA

CITY COUNCIL/ SUCCESSOR

AGENCY TO THE FOUNTAIN

VALLEY AGENCY

FOR COMMUNITY DEVELOPMENT/

FOUNTAIN VALLEY HOUSING AUTHORITY

Regular Meeting 6:00 p.m.

Tuesday, October 1, 2024
Council Chambers
10200 Slater Avenue
Fountain Valley, CA 92708
http://www.fountainvalley.org
MEETING ASSISTANCE: In compliance with the Americans with Disabilities Act, anyone needing special assistance to participate in a meeting of the government bodies listed herein should contact the City Clerk’s Office at (714) 593-4445. Notification 72 hours prior to the meeting allows the City to make reasonable arrangements to ensure accessibility to the meeting.

AGENDA COMMUNICATIONS: All revised or additional documents and writings related to an item on this agenda provided to all or a majority of the government body members after distribution of the agenda packet, are available for public inspection (1) in the City Clerk’s Office at 10200 Slater Avenue, Fountain Valley, CA 92708 during normal business hours; and (2) in the Council Chambers at the time of the meeting. Unless directed otherwise by a government body listed herein all actions shall be based on/memorialized by the latest document submitted as a late communication.

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

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

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

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

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

Topic: City Council
Time: Oct 1, 2024 06:00 PM Pacific Time (US and Canada) Join Zoom Meeting
https://us02web.zoom.us/j/87633611316?pwd=QN6qfct0lUxMWIvixqfm45jCKcYyW4.1 Meeting ID: 876 3361 1316
Passcode: 979050

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

INVOCATION Vice Mayor Ted Bui
SALUTE TO THE FLAG Council Member Jim Cunneen

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

ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS

CITY MANAGER / MAYOR UPDATE

PRESENTATIONS
• Advisory Committee for Persons with Disabilities Annual Awards - Presentation by ACPD Chair John Borack
• Presentation of Proclamation Supporting Breast Cancer Awareness Month – Presentation by Mayor Grandis

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

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

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

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

2. Receive and File the Draft Minutes of the September 17, 2024 Regular City Council Meeting

3. Approve the Register of Demands for the period of 9/7/2024 to 9/19/2024 Page 17 Recommended Action: Staff recommends Alternative No. 1 to approve the attached Register of Demands representing payments made by the City of Fountain Valley between 9/7/2024 and 9/19/2024 for a total of $2,358,946.92.

4. Second Reading and Adoption of an Ordinance to (1) Amend Fountain Valley Municipal Code

10.64.010 to establish regulations related to electrical bicycles and include definitions of Ebikes and similar conveyances; (2) Implement training and educational programs for E-bikes; (3) Amend Fountain Valley Municipal Code to include regulations for E-bikes in parks.

Recommended Action: Approve the Second Reading and Adoption of an Ordinance to (1) Amend Fountain Valley Municipal Code 10.64.010 to establish regulations related to electrical bicycles and include definitions of E-bikes and similar conveyances; (2) Implement training and educational programs for E-bikes; (3) Amend Fountain Valley Municipal Code to include regulations for E-bikes in parks.

5. Second Reading and Adoption of an Ordinance Increasing Council Member Compensation

Recommended Action: Staff recommends that the City Council Approve the Second Read and Adopt the attached Ordinance Increasing Council Member Compensation.

6. Second Read and Adoption of Code Amendment NO. 24-01 – An Amendment to the 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,

21.30.08 Page 46
Recommended Action: Alternative No. 1: Adopt 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.

7. Approval of Amendment #1 to Contract #1408 between Leifkes Consulting, LLC, and the City of Fountain Valley for the administration of the Community Development Block Grant - Home Improvement Program Page 74
Recommended Action: Approve Amendment #1 to Contract #1408 with Leifkes Consulting, LLC for Home Improvement Program administration through June 30, 2025, for a total contract amount of $100,000.

8. Home Improvement Program Policy Amendment – Increase Grant Amount Page 102 Recommended Action: Approve the amendment to the City Council Home Improvement Program Policy to increase the Single_Family Grant amount to $20,000 and the Mobile Home Grant to $15,000 ($20,000 if a roof replacement is necessary.

9. Annual Report of the Planning Commission and the Planning Department Activities for FY 2023-24 Page 124
Recommended Action: Approve the FY 2023-24 Annual Planning Department Report as recommended by the Planning Commission and direct staff to transmit a copy to the Office of Planning Research and the Department of Housing and Community Development.

ADMINISTRATIVE ITEMS

10. Orange County Power Authority Community Choice Aggregation Program and Membership Resolution – Presentation by Scott Smith, Public Works Director Page 142 Recommended Action: Based on the direction of City Council, Staff is requesting approval of Alternative No. 1 introducing the attached ordinance implementing OCPA’s CCA program within the City’s boundaries and adopting the attached resolution expressing City’s intent to join OCPA, directing the City Manager to execute the OCPA Joint Powers Agreement, and authorizing the City Manager to take all actions necessary to effectuate the City membership in OCPA.

11. Approve the City of Fountain Valley Fund Balance Reserve Policy – Presentation by Ryan Smith, Finance Director Page 193
Recommended Action: Approve the City of Fountain Valley Fund Balance Reserve Policy

12. Resolution in Support of Proposition 36, the Homelessness, Drug Addiction, and Theft Reduction Act on the November 5, 2024, General Election Ballot – Presentation by Meghan Wishner, Management Analyst Page 205
Recommended Action: Adopt a Resolution supporting Proposition 36, which will appear on the November 5, 2024 ballot and propose changes to current laws to allow increased penalties for certain theft and drug crimes, as well as measures for rehabilitation and treatment for drug-related offences.

COUNCIL MEMBER ITEMS FOR FUTURE CONSIDERATION

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

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

COMMENTS

ADJOURN THE MEETING OF THE CITY COUNCIL/SUCCESSOR

AGENCY/HOUSING AUTHORITY
The next Regular Meeting of the Fountain Valley City Council is October 15, 2024, at 6:00 p.m., in the Fountain Valley Council Chambers, 10200 Slater Avenue, Fountain Valley.

MINUTES OF THE

CITY COUNCIL/ SUCCESSOR AGENCY TO THE FOUNTAIN

VALLEY AGENCY

FOR COMMUNITY DEVELOPMENT/ FOUNTAIN VALLEY

HOUSING AUTHORITY
Closed Session 4:30 p.m.

Study Session 5:00 p.m.

Regular Meeting 6:00 p.m.

Tuesday, September 17, 2024
Council Chambers

CLOSED SESSION
CALL TO ORDER 4:30 p.m.

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

1. CONFERENCE WITH LEGAL COUNSEL--EXISTING LITIGATION
Paragraph (1) of subdivision (d) of Section 54956.9
Name of case: Laguisan v. City of Fountain Valley (Worker’s Compensation Claim 21-154144) By a 4-0 vote, the City Council approved settlement authority with the Attorney for the City

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

PUBLIC COMMENTS (Study Session matters only)

1. Housing Programs for City Employees – Presentation by Colin Burns, Attorney for the City Attorney for the City Colin Burns presented the program. Staff was asked to do further research on this issue and possibly bring it back at a later date.

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

INVOCATION Council Member Jim Cunneen

SALUTE TO THE FLAG Council Member Ted Bui

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

Council Members Absent: Harper

ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS
None

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

Mayor Grandis provided his update.

PRESENTATIONS
 Presentation of Proclamations for National Service Club Month – Presentation by Mayor Grandis Mayor Grandis presented proclamations to the various service organizations that serve the City of Fountain Valley.
 Legislative Update Presented by Senator Janet Nguyen
Senator Janet Nguyen provided her legislative update to the City Council and the community.  Fountain Valley High School Pep Rally
Mayor Grandis recognized the Fountain Valley Football Team for there upcoming game against Edison High School, known as the “Bell Game”.

FIRST CITY COUNCIL/ SUCCESSOR AGENCY/ HOUSING AUTHORITY/ PUBLIC COMMENTS (Unscheduled Matters Only)
Raymond Frankeny, Steven Schultz

CONSENT CALENDAR
Consent Calendar Items 1 – 6 and 8 – 11 were approved simultaneously. Item Number 7 was pulled by Mayor Grandis for discussion.

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

ACTION: Move to waive the reading in full of all ordinances under consideration and direct

the Mayor to read by titles only
MOTION: Constantine SECOND: Cunneen
AYES: Constantine, Cunneen, Bui, Grandis
NOES: None
ABSENT: Harper
ABSTAIN: None

2. Receive and File the Draft Minutes of the September 3, 2024 Regular City Council Meeting ACTION: Move to Receive and File the Draft Minutes of the September 3, 2024 Regular City Council Meeting
MOTION: Constantine SECOND: Cunneen
AYES: Constantine, Cunneen, Bui, Grandis
NOES: None
ABSENT: Harper
ABSTAIN: None

3. Receive and File the updated strategic objectives matrix for May 23, 2024 through September 26, 2024.

ACTION: Move to Receive and File the updated strategic objectives matrix for May 23, 2024 through September 26, 2024.

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

4. Approve the Register of Demands for the period of 8/23/2024 to 9/6/2024 ACTION: Move to Approve the Register of Demands for the period of 8/23/2024 to 9/6/2024
MOTION: Constantine SECOND: Cunneen
AYES: Constantine, Cunneen, Bui, Grandis
NOES: None
ABSENT: Harper
ABSTAIN: None

5. Fountain Valley’s participation in the Fiscal Year 2023 Urban Area Security Initiative (UASI) Grant Program and authorize the City Manager to execute the Agreement for Transfer or Purchase of Equipment/Services or for Reimbursement of Training Costs ACTION: Move to Approve Fountain Valley’s participation in the Fiscal Year 2023 Urban Area Security Initiative (UASI) Grant Program and authorize the City Manager to execute the Agreement for Transfer or Purchase of Equipment/Services or for Reimbursement of Training Costs
MOTION: Constantine SECOND: Cunneen
AYES: Constantine, Cunneen, Bui, Grandis
NOES: None
ABSENT: Harper
ABSTAIN: None

6. Economic Development Action Plan Update for FY 2023/24 and FY 2024/25 ACTION: Move to Approve the Economic Development Action Plan Update for FY 2023/24 and FY 2024/25
MOTION: Constantine SECOND: Cunneen
AYES: Constantine, Cunneen, Bui, Grandis
NOES: None
ABSENT: Harper
ABSTAIN: None

7. Item Pulled by Mayor Grandis
Second Reading and Adoption of an Ordinance Increasing Council Member Compensation Public Comment: Rudy Huebner
ACTION: Move to continue this item to the October 1, 2024 Regular City Council Meeting MOTION: Constantine SECOND: Grandis
AYES: Constantine, Cunneen, Bui, Grandis
NOES: None
ABSENT: Harper
ABSTAIN: None

8. Approve a resolution to accept the Office of Traffic Safety Selective Traffic Enforcement

Program grant money, amend the FY 2024-25 budget COPS/SLES fund in the amount of $80,000 and appropriate an expenditure to incorporate the changes into the FY 2024-25 budget.

ACTION: Move to Approve a resolution to accept the Office of Traffic Safety Selective Traffic Enforcement Program grant money, amend the FY 2024-25 budget COPS/SLES fund in the amount of $80,000 and appropriate an expenditure to incorporate the changes into the FY 2024-25 budget.

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

9. Approval of Amendment No. 1 to CON #1219 with Liebert Cassidy Whitmore (LCW) for Specialized Legal Services Relating to Labor Negotiations and Personnel Matters ACTION: Move to Approve Amendment No. 1 to CON #1219 with Liebert Cassidy Whitmore (LCW) for Specialized Legal Services Relating to Labor Negotiations and Personnel Matters
MOTION: Constantine SECOND: Cunneen
AYES: Constantine, Cunneen, Bui, Grandis
NOES: None
ABSENT: Harper
ABSTAIN: None

10. 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 MultiJurisdictional Hazard Mitigation Plan and America Water Infrastructure Act of 2018 ACTION: Move to Approve 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
MOTION: Constantine SECOND: Cunneen
AYES: Constantine, Cunneen, Bui, Grandis
NOES: None
ABSENT: Harper
ABSTAIN: None

11. Approve a CPI Increase for Republic (dba Rainbow) Trash Collection Rates for Residential and Commercial Service
ACTION: Move to Approve a CPI Increase for Republic (dba Rainbow) Trash Collection Rates for Residential and Commercial Service
MOTION: Constantine SECOND: Cunneen
AYES: Constantine, Cunneen, Bui, Grandis
NOES: None
ABSENT: Harper
ABSTAIN: None

PUBLIC HEARING

12. Public Hearing - FY 2023-24 Community Development Block Grant Grant Consolidated Annual Performance and Evaluation Report
Public Hearing Opened: 7:21 p.m.

No Public Comments
Public hearing Closed: 7:21 p.m.

ACTION: Move to Approve the FY 2023-24 Community Development Block Grant Consolidated Annual Performance and Evaluation Report
MOTION: Constantine SECOND: Grandis
AYES: Constantine, Cunneen, Bui, Grandis
NOES: None
ABSENT: Harper
ABSTAIN: None

13. Code Amendment No. 24-01 – An Amendment to the 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 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.

Public Hearing Opened: 7:32 p.m.

No Public Comments
Public hearing Closed: 7:32 p.m.

ACTION: Move to Approve Code Amendment No. 24-01 – An Amendment to the 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 to allow for semipermanent 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.

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

ADMINISTRATIVE ITEMS

14. 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.

ACTION: Move 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.

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

15. 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.

ACTION: Move to 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.

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

16. First Reading and Introduction of an Ordinance to (1) Amend Fountain Valley Municipal Code

10.64.010 to establish regulations related to Electrical bicycles and include definitions of Ebikes and similar conveyances; (2) Implement training and educational programs for E-bikes; (3) Amend Fountain Valley Municipal Code to include regulations for E-bikes in parks.

Public Comment: Lyle Schepple
ACTION: Move to Approve the First Reading and Introduction of an Ordinance to (1) Amend Fountain Valley Municipal Code 10.64.010 to establish regulations related to Electrical bicycles and include definitions of E-bikes and similar conveyances; (2) Implement training and educational programs for E-bikes; (3) Amend Fountain Valley Municipal Code to include regulations for E-bikes in parks.

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

17. Approve a Second Amendment to the City Manager’s Employment Agreement to Provide Additional Compensation and Benefits Following a Positive Performance Review City Manager Maggie Le Left the Dais at 8:13 p.m.

ACTION: Move to Approve a Second Amendment to the City Manager’s Employment Agreement to Provide Additional Compensation and Benefits Following a Positive Performance Review
MOTION: Grandis SECOND: Cunneen
AYES: Constantine, Cunneen, Bui, Grandis
NOES: None
ABSENT: Harper
ABSTAIN: None

City Manager Maggie Le returned to the Dais at 8:17 p.m.

COUNCIL MEMBER ITEMS FOR FUTURE CONSIDERATION
Council Member Constantine requested that the City Council review the Art on a Box program. There was no second for this item.

CITY COUNCIL/ SUCCESSOR AGENCY/ HOUSING AUTHORITY/ PUBLIC COMMENTS (Unscheduled Matters Only)
None
CITY COUNCIL/SUCCESSOR AGENCY/HOUSING AUTHORITY AB 1234/GENERAL COMMENTS Vice Mayor Bui
September 4 Attended the Employee health and Wellness event and the 2nd Dutch Bros opening September 5 Attended the Legislative Breakfast
September 6 Attended the Lobsterfest Opening
September 12 Attended the Chamber GAC meeting and the OC Waste Management meeting September 14 Attended the Rotary Club meeting
Council Member Cunneen
September 10 Attended the Rotary Club meeting where a presentation was given by the Holland Group for the project at the former Boomers site.

September 16 Attended the open house for the proposed development at the old Boomers site Mayor Grandis
September 4 Attended the Dutch Bros 2nd location grand opening September 5 Attended the Legislative Breakfast
September 6 Attended the Lobsterfest Welcome message
September 10 Attended the Stardust neighborhood meeting September 11 Attended the unhoused task force meeting, OC Sanitation Admin meeting and filmed the mayor’s message
September 12 Attended the Chamber GAC meeting, filmed the podcast with Dann Gibb from the Historical Society and the FV Chamber Network at Night
September 16 Attended the Holland Group Open House – Former Boomers Property

Council Member Constantine
September 4 Participated in the annual Fountain Valley Employee Health and Wellness Fair at the Fountain Valley Recreation Center. There were many great vendors. Later, I participated in the Fountain Valley Chamber of Commerce / City Hall ribbon cutting / grand opening of our 2nd Fountain Valley Dutch Bros. at 9067 Warner, in the Floor n Decor parking lot. In the evening, I attended the City of Fountain Valley Housing and Community Development Advisory Board Meeting at Fountain Valley City Hall.

September 5 Attended the annual Fountain Valley Chamber of Commerce Legislative Breakfast with various city staff and electeds. Electeds representing Fountain Valley were on the panel. It was held at Founders Village Senior and Community Center. Later, I attended the Orange County Registrar of Voters Voting Presentation for Teens at Fountain Valley Library. In the evening, I participated, as an Advisor, in the City of Fountain Valley Advisory Committee for Persons with Disabilities Meeting at Founders Village Senior and Community Center.

September 6 Attended LobsterFest (the Original Lobster Festival) at the Fountain Valley Sports Park.

September 7 Stopped in at the City of Fountain Valley / Republic Services E-Waste, Shredding, and Compost Giveaway event at the Fountain Valley Sports Park. Later, I listened to the “Livable California” teleconference on Zoom, then the “Run Red Local Candidate Training Program: Fall Orientation” on Zoom presented by the Orange County Republican Party. There were many great presenters. In the evening, I attended LobsterFest at the Fountain Valley Sports Park.

September 8 Attended LobsterFest at the Fountain Valley Sports Park, then the Eagle Forum of Orange County held at Calvary Chapel of the Harbour, Huntington Beach.

Tonight’s topic was “Teachers Unions Fight Against Parental Rights” with speaker Rebecca Friedrich, a 28-year public school teacher.

September 10 Watched the Orange County Board of Supervisors Meeting on the County of Orange website, then stopped in the the library movie — “The Talk of the Town - 1942” at Fountain Valley Library. In the evening, I attended a community meeting on Santa Maria with Fountain Valley residents, various FVPD, Code Enforcement, some City staff, and our City Manager, Maggie in regards to group homes / sober living homes in this residential area.

September 11 Participated as a FV City Council Member and Ad Hoc Member of the City of Fountain Valley Unhoused Task Force Meeting 1 at Fountain Valley City Hall. In the evening, I watched the Fountain Valley Planning Commission Meeting on the City’s website.

September 12 Participated in the “Food Vendor Taskforce Team” recognition at Fountain Valley City Hall. Thank you everyone, for all you do for our community. Later, I participated in the Fountain Valley Chamber of Commerce GAC Meeting (Government Affairs Council at Sonesta Suites.. Later, I watched the “Housing Insecurity Among the Trans (TGI) Community — Community Chat on Zoom as presented by United to End Homelessness, empowered by Orange County United Way. The presenter was Khloe Rios-Wyatt, Founder & CEO of Alianza Translatinx, the first transgender-led organization by transgender people of color in Orange County. In the evening, I watched. The Fountain Valley Measure HH Advisory Oversight Committee Meeting on Zoom, then attended the Fountain Valley Chamber of Commerce monthly Network at Night at Spoons, a restaurant within our Ayres Hotel.

September 13 Stopped in at the movie for senior citizens — “Hell or High Water - 2016” at Founders Village Senior and Community Center. In the evening, I stopped in at the “Empowering Future Leaders: Civic Engagement and in Youth” event at Coastline Community College, then stopped in a the the Fountain Valley Royals 14U Try-outs for the 2024-2025 Season at the Fountain Valley Sports Park, then the Western Dance for senior citizens at Founders Village Senior and Community Center.

September 14 Stopped in at the OC Waste & Recycling event — household hazardous waste collection at the City of Huntington Beach Corporate Yard at 17371 Gotham’s,

Huntington Beach, then attended the Fountain Valley Friends of the Library Installation of Officers and Author Presentation with Dani Simms. Her latest book is “Murder at the Barrel Room. The event was at Fountain Valley Library. In the evening, I stopped in at the Moon Festival on the County side of Mile Square Park.

September 16 Watched the “Needle Exchange Roundtable Discussion” on Zoom presented by Cal Cities in which the moderator was Santa Ana Mayor Valerie Amezcua. In the evening, I attended the Holland Partner Group Open House about the former Boomers land at 16800 Magnolia Street in that it will be decided by the Fountain Valley Planning Commission about the approval for an apartment rentals complex.

The website is MagnoliaFV.com.

September 17 Attended the “Western Luncheon for senior citizens at Founders Village Community and Senior Center. Jack Johnson sang so many country songs and many enjoyed dancing along. Later, I stopped in at the “Firefighter Storytime with Fountain Valley Fire Department at Heritage Park. It was such a fun, much-appreciated event.

Council Member Harper
No Report

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

AUTHORITY
Mayor Grandis adjourned the meeting at 8:23 pm to the next Meeting of the Fountain Valley City Council on October 1, 2024 at 6:00 p.m., in the Fountain Valley Council Chambers, 10200 Slater Avenue, Fountain Valley.
________________________________________________________________________________________________________________________________ Glenn Grandis, Mayor

Attest:
___________________________
Rick Miller, City Clerk

CITY OF FOUNTAIN VALLEY

CITY COUNCIL

COUNCIL ACTION REQUEST
To: Honorable Mayor and Agenda Date: October 1, 2024
Members of the City Council
SUBJECT: City of Fountain Valley Register of Demands for the period of 9/7/2024 to 9/19/2024 Three-Year Strategic Goals
☐ Enhance the culture and environment of “A Nice Place to Live” ☒ Achieve fiscal stability by evaluating processes, and attract and retain revenue producing businesses/opportunities
☐ Attract and retain quality staff through best practices and trends ☐ Maintain, build, and modernize infrastructure to support growth and future needs of the City ☐ Not applicable
EXECUTIVE SUMMARY:

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

DISCUSSION:

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

FINANCIAL ANALYSIS:

The attached Register of Demands represents payments made by the City of Fountain Valley between 9/7/2024 and 9/19/2024 for a total of $2,358,946.92.

ATTORNEY REVIEW:

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

PUBLIC NOTIFICATION:

Not applicable.

Register of Demands
October 1, 2024

ALTERNATIVES:

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

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

RECOMMENDATION:

Staff recommends Alternative No. 1 to approve the attached Register of Demands representing payments made by the City of Fountain Valley between 9/7/2024 and 9/19/2024 for a total of $2,358,946.92.

Prepared by: Ryan Smith, Finance Director
Reviewed by: Colin Burns, City Attorney
Approved by: Maggie Le, City Manager
Attachment 1: Register of Demands 9/7/2024 to 9/19/2024.

City Of Fountain Valley
Register of Demands
9/7/2024 - 9/19/2024
Department
Check
Date Vendor Description Doc #
Check/ACH
# Amount
10000000 NON-DEPARTMENTAL
09/19/24 U.S. BANK CORPORATE AUG 2024 CITY P-CARDS - 4246 0445 5574 3131 30060 2518 44,863.21 TOTAL NON-DEPARTMENTAL 44,863.21
10010103 OFFICE OF CITY MANAGER
09/19/24 TOWNSEND PUBLIC AFFA JAN 2024 - GRANT WRITING SERVICES 29948 2516 6,000.00 09/19/24 TOWNSEND PUBLIC AFFA FEB 2024 - GRANT WRITING SERVICES 29949 2516 6,000.00 09/19/24 TOWNSEND PUBLIC AFFA MAR 2024 - GRANT WRITING SERVICES 29950 2516 6,000.00 09/19/24 TOWNSEND PUBLIC AFFA APR 2024 - GRANT WRITING SERVICES 29951 2516 6,000.00 09/19/24 TOWNSEND PUBLIC AFFA MAY 2024 - GRANT WRITING SERVICES 29952 2516 6,000.00 09/19/24 TOWNSEND PUBLIC AFFA JUN 2024 - GRANT WRITING SERVICES 29953 2516 6,000.00 TOTAL OFFICE OF CITY MANAGER 36,000.00
10010105 RECORDS MANAGEMENT
09/11/24 ORANGE COUNTY REGIST JUL 2024 LEGAL ADVERTISEMENTS 29022 2312543 2,887.33 TOTAL RECORDS MANAGEMENT 2,887.33
10020200 HUMAN RESOURCES
09/12/24 LIEBERT, CASSIDY & W JUL 2024 CLIENT MATTER FO030-00001 29657 2451 306.00 09/12/24 LIEBERT, CASSIDY & W JUL 2024 CLIENT MATTER FO030-00028 29658 2452 7,897.50 09/12/24 LIEBERT, CASSIDY & W JUL 2024 CLIENT MATTER FO030-00035 29659 2453 91.50 09/12/24 LIEBERT, CASSIDY & W JUL 2024 CLIENT MATTER FO030-00038 29660 2454 2,312.00 09/11/24 SHRED-IT USA LLC AUG 2024 - HR SHRED-IT STERICYCLE SERVICE 29800 2312559 120.80 09/11/24 VERIZON WIRELESS 7/26-8/25/24 - HR CELL PHONES 29793 2312603 125.73 09/11/24 AT&T MOBILITY 7/27-8/26/24 HR CELL PHONES 29794 2312507 180.20 09/11/24 CONCENTRA MEDICAL CE 8/27/24 OCCUPATIONAL MEDICAL SERVICES 29691 2312514 200.60 09/12/24 LIEBERT, CASSIDY & W AUG 2024 CLIENT MATTER FO030-00038 29776 2455 1,522.00 09/12/24 LIEBERT, CASSIDY & W AUG 2024 CLIENT MATTER FO030-00028 29777 2456 8,077.50 09/12/24 LIEBERT, CASSIDY & W AUG 2024 CLIENT MATTER FO030-00001 29778 2457 1,391.00 09/12/24 LIEBERT, CASSIDY & W AUG 2024 CLIENT MATTER FO030-00035 29784 2458 402.00 09/19/24 RETURN TO WORK PARTN 7/11-8/23/24 ACCOMODATIONS MEETING 29973 2312664 132.00 09/12/24 BIOMETRICS4ALL, INC AUG 2024 - HR RELAY FEES 29587 2439 3.00 09/11/24 EXPERIAN PRE EMPLOYMENT CREDIT CHECKS 29611 2312524 44.72 09/12/24 LIEBERT, CASSIDY & W CLIENT MATTER FO030-00038 29652 2450 405.00 09/12/24 GALLATIN INVESTIGATI POLYGRAPH SERVICES FOR POLICE DEPT. 29653 2444 950.00 09/12/24 GALLATIN INVESTIGATI POLYGRAPH SERVICES FOR POLICE DEPT. 29654 2445 250.00 09/12/24 AMAZON OFFICE SUPPLIES/HEALTH FAIR/RETIREMENT 29791 2437 643.33 09/19/24 HEALTH DIMENSIONS HEALTH FAIR ADDITIONAL BOOTHS 29838 2312640 1,000.00 09/19/24 CONCENTRA MEDICAL CE 9/04-9/09/24 OCCUPATIONAL MEDICAL 29892 2312627 841.90 TOTAL HUMAN RESOURCES 26,896.78
10030300 PLANNING

09/19/24 INFOSEND, INC DATA PROCESSING AND MAILING FOR SEPT 29842 2312641 765.44 09/19/24 KLING CONSULTING GRO SOILS REVIEW CONSULTING SVCS FOR 24-727 29916 2312642 850.00 09/19/24 KLING CONSULTING GRO SOILS REVIEW CONSULTING SVC FOR 24-1245 29917 2312642 850.00 09/19/24 KLING CONSULTING GRO SOILS REVIEW CONSULTING SVCS FOR 24-1316 29918 2312642 850.00 09/19/24 KLING CONSULTING GRO SOILS REVIEW CONSULTING SVCS FOR 24-986 29919 2312642 1,200.00 09/19/24 KLING CONSULTING GRO SOILS REVIEW CONSULTING SVCS FOR 24-998 29920 2312642 1,200.00 09/19/24 CIVICA LAW GROUP LEGAL SERVICES FOR CODE ENFORCEMENT- 29856 2312626 98.40 09/19/24 CIVICA LAW GROUP LEGAL SERVICES FOR CODE ENFORCEMENT- 29882 2312626 778.48 09/19/24 CIVICA LAW GROUP LEGAL SERVICES FOR CODE ENFORCEMENT- 29883 2312626 96.50 09/11/24 VERIZON WIRELESS 8/26-9/25/24 CELL PHONES & IPADS 29700 2312598 123.83 09/11/24 AT&T MOBILITY 7/27-8/26/24 IPADS 29703 2312505 40.24 09/11/24 AT&T MOBILITY 8/27-9/26/24 CELL PHONE 29706 2312506 45.28 09/11/24 DE NOVO PLANNING GRO AUG 2024 CEQA REVIEW - 16800 MAGNOLIA 29819 2312519 9,130.00 09/19/24 BROTHERS, CHERYL SEP 2024 - COMMISSIONERS STIPEND 29897 2499 50.00 09/19/24 LANGER, MATTHEW HARR SEP 2024 - COMMISSIONERS STIPEND 29898 2503 50.00 09/19/24 LOPEZ, RICHARD SEP 2024 - COMMISSIONERS STIPEND 29899 2507 50.00 09/19/24 OSBORN, DAVID JOHN SEP 2024 - COMMISSIONERS STIPEND 29900 2509 50.00 09/19/24 SAAD, AZZAM SEP 2024 - COMMISSIONERS STIPEND 29901 2511 50.00 09/19/24 VU, ANH SEP 2024 - COMMISSIONERS STIPEND 29902 2517 50.00 TOTAL PLANNING 16,328.17
10030301 BUILDING & SAFETY
09/12/24 AMAZON OFFICE SUPPLIES CARDSTOCK/RUBBER 29610 2436 140.96 09/11/24 VERIZON WIRELESS 8/26-9/25/24 CELL PHONES & IPADS 29700 2312598 202.56 TOTAL BUILDING & SAFETY 343.52
10030305 ECONOMIC DEVELOPMENT
09/19/24 COSTAR REALTY INFORM REAL ESTATE SEARCH SERVICES 29818 2312628 394.92 09/19/24 COSTAR REALTY INFORM REAL ESTATE SEARCH SERVICES 29807 2312628 394.92 TOTAL ECONOMIC DEVELOPMENT 789.84
10030310 CODE ENFORCEMENT
09/11/24 AT&T MOBILITY 7/27-8/26/24 IPADS 29703 2312505 40.24 TOTAL CODE ENFORCEMENT 40.24
10040400 FINANCE
09/11/24 HINDERLITER, DE LLAM JUL-SEP'24 CONTRACT SVCS TRANS TAX/AUDIT 29268 2312534 1,295.00 09/19/24 AT&T MOBILITY 8/27-9/26/24 R SMITH 29822 2312617 45.28 09/11/24 CMRTA 3RD QUARTER MEETING - GARDEN GROVE 29622 2312512 30.00 09/12/24 FOSTER & FOSTER FY 2023/24 GASB STATEMENT 68 REPORTING 29717 2443 2,100.00 TOTAL FINANCE 3,470.28
10040401 PURCHASING
09/11/24 OFFICE DEPOT CH PAPER ORDER 202407 29636 2312541 512.76 09/11/24 SPARKLETTS AUG 2024 CH WATER AND COFFEE DELIVERY 29638 2312577 388.37 09/11/24 CINTAS CORPORATION 2 FIRST AID RESTOCK 202409 29585 2312510 54.89 09/12/24 AMAZON FLOOR MAT REPLACEMENT - BLDG DARIK 29586 2436 75.57 TOTAL PURCHASING 1,031.59
10050500 ENGINEERING
09/11/24 ABHE & SVOBODA EXP#000007 REFUND FV INV# 14497 29821 2312497 5,540.00

TOTAL ENGINEERING 5,540.00
10050503 STREET LIGHTING
09/11/24 SO CALIF EDISON CO 7/1-7/31/24 STREET LIGHTS 28796 2312561 9,106.14 09/19/24 SO CALIF EDISON CO 8/1-8/31/24 STREET LIGHTS 29808 2312670 9,055.01 TOTAL STREET LIGHTING 18,161.15
10050550 RIGHTS-OF-WAY
09/19/24 VERIZON WIRELESS 7/26-8/25/24 STREETS/LANDSCAPE CELL 29846 2312684 127.83 09/19/24 SCA OF CA, LLC WASHING TRANSIENT ENCAMPMENT 29845 2512 180.00 TOTAL RIGHTS-OF-WAY 307.83
10050551 TREE MAINTENANCE
09/12/24 GREAT SCOTT TREE SER REMOVAL AND REPLACEMENT AT SPORTS 29634 2446 3,191.28 09/12/24 GREAT SCOTT TREE SER MAGNOLIA REMOVALS AT HERITAGE PARK- 29616 2446 995.64 09/12/24 GREAT SCOTT TREE SER TREE REMOVALS AT CITY HALL 29633 2446 1,327.52 09/12/24 GREAT SCOTT TREE SER TREE REMOVALS AT COLONY PARK-AGAINST 29629 2446 663.76 09/12/24 GREAT SCOTT TREE SER REPLACEMENT PINE ON MAGNOLIA MEDIAN 29642 2446 731.88 09/12/24 GREAT SCOTT TREE SER DEAD CRAPE MYRTLE REMOVAL AT SPORTS 29644 2446 331.88 09/12/24 GREAT SCOTT TREE SER EMERGENCY LIMB REMOVAL ON BROOKHURST 29646 2446 320.61 09/12/24 GREAT SCOTT TREE SER AUG 2024 - PARKWAY PLANTING & REMOVALS 29617 2446 3,253.59 09/12/24 GREAT SCOTT TREE SER SPINE ROAD PLANTING AT SPORTS PARK 29635 2446 838.13 TOTAL TREE MAINTENANCE 11,654.29
10050552 PARK MAINTENANCE
09/11/24 CINTAS CORPORATION 6 UNIFORMS (08/08/24) 29614 2312511 21.67 09/11/24 CINTAS CORPORATION 6 UNIFORMS (08/15/24) 29615 2312511 21.67 09/11/24 BEE BUSTERS, INC. BEEHIVE REMOVAL IN METER BOX AT 29647 2312508 185.00 09/11/24 CINTAS CORPORATION 6 UNIFORMS (8/22/24) 29788 2312511 18.03 09/11/24 RESOURCE BUILDING MA DG FOR BOCCE COURT 29677 2312552 277.37 09/11/24 CINTAS CORPORATION 6 UNIFORMS (8/29/24) 29789 2312511 18.03 09/11/24 SO CALIF EDISON CO 7/30-8/27/24 IRRIG & PARKS 29707 2312565 620.43 09/11/24 CINTAS CORPORATION 6 UNIFORMS (9/5/24) 29790 2312511 17.95 09/19/24 CINTAS CORPORATION 6 UNIFORMS (9-12-2024) 29955 2312624 17.95 TOTAL PARK MAINTENANCE 1,198.10
10050553 CONCRETE MAINTENANCE
09/19/24 AT&T MOBILITY 6/27-7/26/24 CELL, IPADS, VARIOUS 29612 2312616 220.67 09/19/24 UNITED RENTALS NORTH UTILITY REPAIR-9799 DURANGO 29927 2312679 268.62 09/19/24 VULCAN MATERIAL COMP UTILITY REPAIR-LA TORTOLA 29928 2312687 312.62 TOTAL CONCRETE MAINTENANCE 801.91
10050554 PAVEMENT MAINTENANCE
09/11/24 CINTAS CORPORATION 6 UNIFORMS (08/08/24) 29614 2312511 36.33 09/11/24 CINTAS CORPORATION 6 UNIFORMS (08/15/24) 29615 2312511 36.33 09/11/24 VULCAN MATERIAL COMP UTILITY REPAIR-VARIOUS LOCATIONS-VALVE 29621 2312606 127.35 09/11/24 CINTAS CORPORATION 6 UNIFORMS (8/22/24) 29788 2312511 36.33 09/11/24 VULCAN MATERIAL COMP UTILITY REPAIR-12171 BURG RIVER 29620 2312605 300.92 09/11/24 CINTAS CORPORATION 6 UNIFORMS (8/29/24) 29789 2312511 36.33 09/11/24 VULCAN MATERIAL COMP EMUSION/TACK 29624 2312607 174.80 09/11/24 VULCAN MATERIAL COMP SINK HOLE-18173 SANTA SOPHIA 29626 2312608 875.86

09/11/24 CINTAS CORPORATION 6 UNIFORMS (9/5/24) 29790 2312511 36.33 09/19/24 VULCAN MATERIAL COMP UTILITY REPAIR-WARD AND APACHE RIVER 29925 2312686 813.92 09/19/24 CINTAS CORPORATION 6 UNIFORMS (9-12-2024) 29955 2312624 36.33 TOTAL PAVEMENT MAINTENANCE 2,510.83
10050555 STORM DRAIN MAINT
09/11/24 CINTAS CORPORATION 6 UNIFORMS (08/08/24) 29614 2312511 8.72 09/11/24 CINTAS CORPORATION 6 UNIFORMS (08/15/24) 29615 2312511 8.72 09/11/24 CINTAS CORPORATION 6 UNIFORMS (8/22/24) 29788 2312511 8.72 09/11/24 CINTAS CORPORATION 6 UNIFORMS (8/29/24) 29789 2312511 8.72 09/11/24 SO CALIF GAS CO 7/31-8/30/24 WALNUT PUMP STATION 29724 2312572 15.01 09/11/24 SO CALIF GAS CO 8/1-9/3/24 SANDALWOOD PUMP STATION 29735 2312575 16.41 09/11/24 CINTAS CORPORATION 6 UNIFORMS (9/5/24) 29790 2312511 28.63 09/19/24 CINTAS CORPORATION 6 UNIFORMS (9-12-2024) 29955 2312624 8.72 TOTAL STORM DRAIN MAINT 103.65
10050556 TRAFFIC CONTROL
09/11/24 ALAN'S LAWNMOWER & G RUBBER AND WEATHER GLOVES 29627 2312499 202.55 09/11/24 ALAN'S LAWNMOWER & G EYELETS 29628 2312500 48.94 09/11/24 ROADLINE PRODUCTS IN NO LARGE VEHICLE PARKING SIGNS 29775 2312555 1,709.35 09/11/24 PACIFIC PRODUCTS STREET SWEEPING SIGNS, FIRE LANE SIGNS 29618 2312544 503.51 09/19/24 PACIFIC PRODUCTS BEGIN AND END SIGNS 29879 2312647 318.91 TOTAL TRAFFIC CONTROL 2,783.26
10050558 RECREATION CENTER
09/11/24 SITEONE LANDSCAPE SU PLANT MATERIAL FOR SPORTS PARK 29623 2312560 73.05 TOTAL RECREATION CENTER 73.05
10050559 GRAFFITI CONTROL
09/19/24 OMEGA INDUSTRIAL SUP GRAFFITI REMOVER 28661 2312690 1,062.04 09/11/24 DUNN-EDWARDS CORPORA PAINT ROLLERS AND ROLLER FRAMES 29619 2312522 233.32 TOTAL GRAFFITI CONTROL 1,295.36
10060600 FIRE SUPPRESSION
09/11/24 VERIZON WIRELESS 8/26-9/25/24 FIRE CELL PHONES 29727 2312599 108.35 09/11/24 MES MUNICIPAL EMERGE SCBA HYDRO TESTING 29737 2312537 313.75 09/11/24 DANIEL'S TIRE SERVIC TIRES FOR FIRE APPARATUS - VE31 29739 2312518 1,822.62 09/12/24 SVT FLEET SOLUTIONS APPARATUS MAINTENANCE AND REPAIR

29746 2472 1,121.00
09/12/24 SVT FLEET SOLUTIONS APPARATUS MAINTENANCE AND REPAIR 29748 2472 2,121.01 09/11/24 VERIZON WIRELESS 8/23-9/22/24 FIRE AVL TRACKERS 29756 2312601 990.26 09/19/24 AMAZON BATTERIES FIRE EQUIPMENT & OFFICE 29886 2497 104.18 09/19/24 RUTH, JONATHAN PARAMEDIC LICENSE RENEWAL 29888 2510 250.00 09/19/24 L.N. CURTIS & SONS WILDLAND SAFETY APPAREL 29889 2312644 1,782.07 09/19/24 ARAMARK REFRESHMENT COFFEE LEASE STATION 1 29891 2312615 26.92 TOTAL FIRE SUPPRESSION 8,640.16
10060601 PARAMEDICS
09/11/24 PURETEC INDUSTRIAL W DEIONIZED WATER SYSTEM TANK RENTAL 29780 2312545 61.92 09/11/24 PURETEC INDUSTRIAL W DEIONIZED WATER SYSTEM TANK RENTAL 29781 2312545 61.92 09/19/24 PURETEC INDUSTRIAL W DEIONIZED WATER SYSTEM STATION 2 29885 2312650 126.61 TOTAL PARAMEDICS 250.45

10060602 AMBULANCE SERVICES
09/12/24 BOUND TREE MEDICAL 1ST AID/PARAMEDIC SUPPLIES 29723 2440 672.50 09/12/24 BOUND TREE MEDICAL 1ST AID/PARAMEDIC SUPPLIES 29725 2440 196.30 09/11/24 VERIZON WIRELESS 8/26-9/25/24 AMBULANCE CELL PHONES 29730 2312600 83.82 09/12/24 LIFE ASSIST 1ST AID/PARAMEDIC SUPPLIES 29731 2459 652.57 09/12/24 LIFE ASSIST 1ST AID/PARAMEDIC SUPPLIES 29732 2459 505.91 09/12/24 MCKESSON MEDICAL-SUR 1ST AID/PARAMEDIC SUPPLIES 29738 2460 212.42 09/11/24 SPECTRUM GAS PRODUCT OXYGEN TANK RENTALS STATION 1 29744 2312578 135.15 09/11/24 SPECTRUM GAS PRODUCT OXYGEN TANK RENTAL STATION 2 29745 2312578 63.60 09/12/24 BOUND TREE MEDICAL 1ST AID/PARAMEDIC SUPPLIES 29755 2440 231.10 09/11/24 VERIZON WIRELESS 8/23-9/22/24 AMBULANCE AVL TRACKERS 29758 2312602 152.04 09/19/24 CALIF DEPT OF HEALTH OCT-DEC 2024 PP-GEMT-IGP PROGRAM 29876 2500 89,819.40 09/19/24 LIFE ASSIST 1ST AID/PARAMEDIC SUPPLIES 29884 2506 175.69 TOTAL AMBULANCE SERVICES 92,900.50
10060603 FIRE PREVENTION
09/11/24 VERIZON WIRELESS 8/26-9/25/24 FIRE CELL PHONES 29727 2312599 62.15 09/19/24 GRM INFORMATION MANA FIRE FILE STORAGE 29887 2312638 9.00 TOTAL FIRE PREVENTION 71.15
10060604 FIRE RESERVES
09/12/24 NGUYEN, NAM RESERVE AUGUST MEAL STIPEND 29740 2462 40.00 09/12/24 QUINONEZ, CESAR RESERVE AUGUST MEAL STIPEND 29741 2464 40.00 09/12/24 TERRILL, JACOB RESERVE AUGUST MEAL STIPEND 29742 2474 20.00 09/12/24 WARING, CHRISTOPHER RESERVE AUGUST MEAL STIPEND 29743 2477 40.00 TOTAL FIRE RESERVES 140.00
10060605 DISASTER PREPAREDNESS
09/11/24 VERIZON WIRELESS 8/26-9/25/24 FIRE CELL PHONES 29727 2312599 83.82 09/11/24 RWR MARKETING & GRAP PARAMEDIC BROCHURES 29733 2312557 409.45 09/11/24 RISK MANAGEMENT PROF LOCAL HAZARD MITIGATION PLAN 29736 2312554 2,095.00 TOTAL DISASTER PREPAREDNESS 2,588.27
10060607 F.I.R.S.T.
09/11/24 VERIZON WIRELESS 8/26-9/25/24 FIRE CELL PHONES 29727 2312599 1.67 TOTAL F.I.R.S.T. 1.67
10070700 PATROL
09/19/24 V&V MANUFACTURING, I POLICE OFFICER BADES #340-345 29816 2312680 756.57 09/19/24 V&V MANUFACTURING, I CHIEF SHEPPARD RET BADGE - DISP BADGE 29817 2312680 279.38 09/11/24 DELTA GLOVES DEPARTMENT GLOVES - 4 CASES LARGE 29764 2312520 513.60 09/19/24 VERIZON WIRELESS 8/26-9/25/24 PD CELL PHONES 29873 2312685 996.61 09/11/24 CRIME SCENE STERI-CL FECES CLEANUP MILE SQUARE PARK 29762 2312515 2,483.00 09/19/24 AT&T MOBILITY 7/27-8/26/24 PD CELL PHONES 29872 2312618 548.88 09/11/24 ADLERHORST INTERNATI TUITION AGITATOR SEMINAR - J. DIAZ 29765 2312498 350.00 09/12/24 VERITONE, INC RACIAL PROFILING DATA COLLECTION 29763 2475 5,500.00 09/11/24 CALIF FORENSIC PHLEB AUG 2024 - BLOOD DRAWS 29767 2312509 1,840.80 09/19/24 CITY OF ANAHEIM/METR HELICOPTER USE - DR 24-85313 29894 2312625 116.67 09/19/24 SHRED-IT USA LLC 8/7/24 & 8/21/24 SHREDDING 29866 2312668 264.00 09/19/24 PREMIER UNIFORMS CADET BLAIN UNIFORM 29870 2312649 250.39

TOTAL PATROL 13,899.90
10070701 INVESTIGATION
09/19/24 THOMSON REUTERS WEST JUL 2024 - SEARCHES 29214 2312677 584.18 TOTAL INVESTIGATION 584.18
10070702 TRAFFIC
09/11/24 HB DIGITAL PARKING CITES (5,000) 29768 2312533 1,237.03 TOTAL TRAFFIC 1,237.03
10070705 L.E. COMMUNICATIONS
09/11/24 CYRACOM INTERNATIONA AUG - NON-EMERGENCY TRANSLATIONS 29766 2312516 58.50 09/19/24 SPARKLETTS 8/13/24 & 8/28/24 PD BOTTLED WATER 29867 2312671 384.96 TOTAL L.E. COMMUNICATIONS 443.46
10080800 RECREATION CENTER
09/11/24 SPECTRUM GAS PRODUCT JUN 2024 SPECTRUM GAS BILL FOR RC 29639 2312579 26.00 09/11/24 SPECTRUM GAS PRODUCT JUL 2024 SPECTRUM GAS BILL FOR RC 29645 2312581 26.00 09/19/24 AMAZON MOVIE IN THE PARK SUPPLIES/ RC SUPPLIES 29864 2497 45.23 09/11/24 SPECTRUM GAS PRODUCT AUG 2024 SPECTRUM GAS BILL FOR RC 29643 2312580 26.00 09/11/24 VERIZON WIRELESS 8/2-9/1/24 REC CENTER PHONES 29803 2312604 45.02 TOTAL RECREATION CENTER 168.25
10080801 ATHLETICS
09/11/24 VERIZON WIRELESS 8/2-9/1/24 REC CENTER PHONES 29803 2312604 37.64 TOTAL ATHLETICS 37.64
10080802 FIELD OPERATIONS
09/11/24 D HAUPTMAN CO//FOLD- (4) DELUXE PERMANENT WHEELS FOR SOCCER 29656 2312517 384.20 09/11/24 SPORTS FACILITIES GR 12 DOZEN ADULT SOFTBALLS AND 5 HOME 29655 2312582 1,992.99 TOTAL FIELD OPERATIONS 2,377.19
10080810 SENIOR & COMM CENTER
09/11/24 COM SVCS REFUND REFUND - DUPLICATE PAYMENT PLUG N PAY 29340 2312513 500.00 09/11/24 SPECTRUM GAS PRODUCT SENIOR CENTER HELIUM TANK RENTAL - 29769 2312578 13.00 09/19/24 VERIZON WIRELESS 9/2-10/1/24 SC CELL PHONES 29988 2312681 136.38 09/12/24 AMAZON OFFICE SUPPLIES 29779 2436 83.68
09/11/24 REFUND ONE-TIME REFUND FOR RENTAL ON 09/28/2024 29726 2312550 175.00 09/12/24 AMAZON MOUSE PADS 29783 2436 7.57
09/12/24 LEI JES CATERING CATERING FOR LUNCH & LEARN ON 9/9/24 29795 2449 452.55 09/19/24 S.C. GYM REPAIR SC FITNESS ROOM MONTHLY SERVICE & 29998 2312667 190.00 09/19/24 BLDG REFUND REFUND FOR RENTAL ON DECEMBER 15, 2024 29929 2312619 165.00 09/19/24 LEI JES CATERING DESSERTS FOR WESTERN DANCE 29933 2504 325.00 09/19/24 NOW AND THEN TRIO ENTERTAINMENT FOR WESTERN DANCE 29934 2312645 400.00 09/19/24 SPARKLETTS SC WATER - COOLER RENTAL 29993 2312672 5.49 TOTAL SENIOR & COMM CENTER 2,453.67
10080811 SENIOR TRANSPORTATION
09/12/24 AMAZON STANDING DESKS 29782 2436 702.48
TOTAL SENIOR TRANSPORTATION 702.48
10080820 CONTRACT CLASSES
09/12/24 WARDECKI, CARRIE L. INSTRUCTOR PAYMENT 29695 2476 1,028.30 09/12/24 WEST GROVE VOLLEYBAL INSTRUCTOR PAY 29697 2478 571.90

09/12/24 YOUNG CHAMPIONS, INC INSTRUCTOR PAYMENT 29698 2479 1,246.05 09/12/24 JACKSON, VICKIE LEE INSTRUCTOR PAYMENT 29699 2447 286.00 09/12/24 DEN HARTOG, ERICA INSTRUCTOR PAYMENT 29701 2441 404.95 09/12/24 YOUNG REMBRANDTS INSTRUCTOR PAYMENT 29705 2480 210.60 09/11/24 REC SVCS REFUND REFUND REQUEST 29714 2312546 378.00 09/12/24 ELYSIAN ARTS & EVENT INSTRUCTOR PAYMENT 29716 2442 1,351.35 09/11/24 REFUND ONE-TIME REFUND FOR LINE DANCING FOR BEGINNERS 29728 2312551 26.00 09/11/24 REC SVCS REFUND REFUND 271136 29772 2312547 31.00 09/19/24 REC SVCS REFUND REFUND 224190 29847 2312653 126.00 09/19/24 REC SVCS REFUND REFUND 213030 29908 2312655 126.00 09/19/24 REC SVCS REFUND REFUND 224190 29909 2312652 126.00 09/19/24 REC SVCS REFUND REFUND 224190 29910 2312660 126.00 09/19/24 REC SVCS REFUND REFUND 224190 29911 2312657 126.00 09/19/24 REC SVCS REFUND REFUND 213013 29912 2312659 112.00 09/19/24 REC SVCS REFUND REFUND 213021 29913 2312658 96.00 09/19/24 REC SVCS REFUND REFUND 281060 29915 2312656 99.00 09/19/24 REC SVCS REFUND REFUND 232151 29921 2312661 122.00 09/19/24 REC SVCS REFUND REFUND 211070 29943 2312654 115.00 09/19/24 MAD SCIENCE INSTRUCTOR PAYMENT 29984 2508 951.60 09/19/24 MAD SCIENCE INSTRUCTOR PAYMENT 29985 2508 1,024.80 09/19/24 REC SVCS REFUND REFUND 212041 29986 2312651 149.00 TOTAL CONTRACT CLASSES 8,833.55
10080821 SPECIAL EVENTS
09/19/24 DMS FACILITY SERVICE JANITORIAL FOR CONCERTS IN THE PARK 29861 2312630 1,080.00 09/19/24 FUN EXPRESS, LLC ROCKTOBER GIVEAWAYS 29860 2312636 81.04 09/19/24 AMAZON MOVIE IN THE PARK SUPPLIES/ RC SUPPLIES 29864 2497 31.61 09/19/24 AMAZON TREE LIGHTING SUPPLIES 29865 2497 99.78 TOTAL SPECIAL EVENTS 1,292.43
10080823 PARK PATROL
09/11/24 VERIZON WIRELESS 8/2-9/1/24 REC CENTER PHONES 29803 2312604 51.32 TOTAL PARK PATROL 51.32
11010050 ISF IS ADMIN CAPITAL
09/19/24 TYLER TECHNOLOGIES ENTERPRISE ERP MAINTENANCE 24/25 29827 2312678 116,028.24 09/19/24 TYLER TECHNOLOGIES CITIZEN SELF SERVICE - (CREDIT 045-468767) 29828 2312678 (2,045.70) 09/19/24 RON TURLEY ASSOCIATE 9/1-11/30/24 SUBSCRIPTION 29914 2312666 1,980.00 09/19/24 ADVANCED OFFICE / IN 6/18-7/17 PD CHIEF 29930 2312611 51.76 09/11/24 EXPERIENCE AUDIO VID REC CENTER SOUNDS SYSTEM 29715 2312525 521.50 09/19/24 TYLER TECHNOLOGIES ENTERPRISE ERP - EXECUTIME (CREDIT 045- 29829 2312678 (4,592.18) 09/19/24 TYLER TECHNOLOGIES EXECUTIME CREDIT FOR 2023-2025 29830 2312678 (17,029.80) 09/19/24 ADVANCED OFFICE / IN 7/15-9/15/24 CONTRACT PAYMENTS 29806 2312610 8,814.73 09/12/24 TEMPORARY STAFFING 8/19-8/25/24 ERIC FONG 29575 2473 2,772.00 09/19/24 CHARTER COMMUNICATIO 9/1-9/30/24 CH FIBER 29839 2312622 1,975.00 09/19/24 CHARTER COMMUNICATIO 9/1-9/30/2024 DIGITAL BOXES 29840 2312623 202.02 09/12/24 TEMPORARY STAFFING 8/26-9/1/24 ERIC FONG 29609 2473 2,633.40 09/19/24 ADVANCED OFFICE / IN 8/1-9/30/24 CITY YARD - MECHANICS OFFICE 29798 2312611 173.20

09/19/24 ADVANCED OFFICE / IN 8/6-9/5/24 PLANNING DEPT. 29796 2312611 33.24 09/19/24 TEMPORARY STAFFING 9/2-9/8 ERIC FONG 29833 2515 2,217.60 TOTAL ISF IS ADMIN CAPITAL 113,735.01
11010104 ISF IS
09/11/24 AT&T MOBILITY 07/27-08/26/24 IT STAFF CELL PHONES 29664 2312503 150.27 09/11/24 AT&T MOBILITY 07/27-08/26/24 IT MANAGERS PHONES 29665 2312504 143.42 TOTAL ISF IS 293.69
11094001 ISF IS FINANCE PRJ NON-REC
09/19/24 TYLER TECHNOLOGIES UB IMPL -7/22/2024 SIDES 29834 2312678 1,400.00 TOTAL ISF IS FINANCE PRJ NON-REC 1,400.00
11110000 ISF GB CITY HALL
09/12/24 SMARDAN SUPPLY CO. CITY HALL ICE MACHINE 29686 2471 63.20 09/19/24 AT&T MOBILITY 6/27-7/26/24 CELL, IPADS, VARIOUS 29612 2312616 255.87 09/11/24 CINTAS CORPORATION 6 UNIFORMS (08/08/24) 29614 2312511 18.14 09/11/24 CINTAS CORPORATION 6 UNIFORMS (08/15/24) 29615 2312511 18.14 09/11/24 CINTAS CORPORATION 6 UNIFORMS (8/22/24) 29788 2312511 14.03 09/19/24 VERIZON WIRELESS 7/26-8/25/24 FLEET/GOVT BLNG CELL 29813 2312682 106.13 09/12/24 ROAD RUNNER EXTERMIN SEP 2024 PEST CONTROL MONTHLY CITY HALL 29681 2465 76.00 09/11/24 FRONTIER COMMUNICATI 08/28-09/27/24 EOC LINES 29661 2312528 546.00 09/11/24 GRAINGER, INC. NEW OFFICE LIGHTS PW DIRECTOR 29679 2312531 667.51 09/11/24 CINTAS CORPORATION 6 UNIFORMS (8/29/24) 29789 2312511 14.03 09/19/24 CALIFORNIA WATERS, L JUL 2024 - WATER FEATURE MAINT SERVICE 29811 2312621 830.00 09/19/24 CALIFORNIA WATERS, L AUG 2024 - WATER FEATURE MAINT SERVICE 29812 2312621 830.00 09/19/24 FRONTIER COMMUNICATI 9/1-9/30/24 METRONET 29824 2312634 519.16 09/11/24 SO CALIF GAS CO 7/31-8/30/24 CITY HALL 29720 2312569 387.03 09/11/24 CINTAS CORPORATION 6 UNIFORMS (9/5/24) 29790 2312511 114.45 09/19/24 GRAINGER, INC. HVAC HUMIDITY TESTING 29942 2312637 149.51 09/19/24 CINTAS CORPORATION 6 UNIFORMS (9-12-2024) 29955 2312624 9.23 TOTAL ISF GB CITY HALL 4,618.43
11150000 ISF GB CITY YARD
09/19/24 AT&T MOBILITY 6/27-7/26/24 CELL, IPADS, VARIOUS 29612 2312616 41.35 09/11/24 SO CALIF GAS CO 8/01-9/03/24 CITY YARD GAS 29747 2312576 0.01 TOTAL ISF GB CITY YARD 41.36
11160001 ISF GB FS1
09/11/24 FRONTIER COMMUNICATI 8/22-9/21/24 FS#1 CKT 29613 2312527 55.72 09/11/24 SO CALIF EDISON CO 7/30-8/27/24 FIRE STATION #1 29711 2312567 3,177.05 09/11/24 ORANGE COAST PETROLE REPLACE FRONT COVER & DIAL ON DIESEL 29649 2312542 648.00 09/19/24 FRONTIER COMMUNICATI 9/1-9/30/24 CKT FS#1 METRO NET 29825 2312635 43.23 09/11/24 SO CALIF GAS CO 7/31-8/30/24 FIRE STATION #1 29719 2312568 219.81 09/19/24 COUNTY OF ORANGE ANNUAL STATE INSPECTION 29940 2312629 388.00 TOTAL ISF GB FS1 4,531.81
11160002 ISF GB FS2
09/12/24 ROAD RUNNER EXTERMIN QUARTERLY PEST CONTROL SERVICE FS #2 29684 2468 85.00 09/11/24 SO CALIF GAS CO 8/1-9/3/24 FIRE STATION #2 29734 2312574 82.56 TOTAL ISF GB FS2 167.56

11160003 ISF GB BUSHARD
09/12/24 MERCHANTS LANDSCAPE MULCHING OF THE SPEC BULDING SITE-EXTRA 29648 2461 560.00 TOTAL ISF GB BUSHARD 560.00
11170000 ISF GB POLICE DEPARTMENT
09/19/24 CLIMATEC, LLC ASSIST IT WITH COMPASS PROGRAM REBUILD 29939 2501 1,632.00 09/19/24 AR INDUSTRIES GARAGE DOOR GEAR BOX REPAIR 29938 2312614 2,757.05 09/12/24 ROAD RUNNER EXTERMIN SEP 2024 MONTHLY PEST CONTROL PD 29685 2469 112.00 09/11/24 FRONTIER COMMUNICATI 08/28-09/27/24 PD DISPATCH 29662 2312529 407.42 09/11/24 FRONTIER COMMUNICATI 08/28-09/27/24 CENTRA NET TO 911 29663 2312530 350.71 09/11/24 SO CALIF GAS CO 7/31-8/30/24 PD 29722 2312571 136.38 TOTAL ISF GB POLICE DEPARTMENT 5,395.56
11180000 ISF GB REC CENTER
09/12/24 ROAD RUNNER EXTERMIN SEP 2024 PEST MONTHLY SERVICE REC 29682 2466 86.00 09/12/24 ROAD RUNNER EXTERMIN SEP 2024 PEST MONTHLY SERVICE SPORTS 29683 2467 184.00 09/11/24 AR INDUSTRIES FENCE REPAIR BATTING CAGE 29680 2312502 510.55 09/11/24 SO CALIF EDISON CO 7/31-8/28/24 SPORTS PARK 29696 2312562 16.39 09/11/24 SO CALIF EDISON CO 7/31-8/28/24 REC MAINT BUILDING 29702 2312563 35.62 09/11/24 SO CALIF EDISON CO 7/31-8/28/24 REC CENTER 29704 2312564 1,654.13 09/12/24 PROFESSIONAL PLUMBIN EMERGENCY SEWER LINE CLEANOUT 29650 2463 694.00 09/11/24 SO CALIF GAS CO 8/1-9/3/24 REC CENTER 29729 2312573 143.90 TOTAL ISF GB REC CENTER 3,324.59
11180001 ISF GB SR CENTER
09/19/24 FRONTIER COMMUNICATI 8/25-9/24/24 SC ELEV FIRE LN 29770 2312633 721.28 09/11/24 SO CALIF EDISON CO 7/30-8/27/24 SENIOR CENTER 29709 2312566 1,525.27 09/11/24 SO CALIF GAS CO 7/31-8/30/24 SENIOR CENTER 29721 2312570 153.66 TOTAL ISF GB SR CENTER 2,400.21
11250001 PW - FLEET MGMT
09/11/24 SC FUELS JUL 2024 - MONTHLY GAS CARD 29693 2312558 27,952.23 09/11/24 CINTAS CORPORATION 6 UNIFORMS (08/08/24) 29614 2312511 74.24 09/11/24 CINTAS CORPORATION 6 UNIFORMS (08/15/24) 29615 2312511 74.24 09/11/24 RINCON TRUCK CENTER, STOCK PARTS 29690 2312553 57.03 09/11/24 CINTAS CORPORATION 6 UNIFORMS (8/22/24) 29788 2312511 74.24 09/11/24 FACTORY MOTOR PARTS PARTS FOR UNIT 415 29687 2312526 58.89 09/11/24 RINCON TRUCK CENTER, STOCK PARTS 29692 2312553 57.85 09/11/24 DEPT 143 ALIGNMENT FOR UNIT 421 29689 2312521 119.00 09/11/24 CINTAS CORPORATION 6 UNIFORMS (8/29/24) 29789 2312511 74.24 09/11/24 SC FUELS AUG 2024 - MONTHLY GAS CARDS 29694 2312558 29,907.78 09/11/24 FACTORY MOTOR PARTS PART FOR UNIT 330 29688 2312526 6.51 09/19/24 FACTORY MOTOR PARTS STOCK PARTS 30012 2312632 182.98 09/19/24 THEODORE ROBINS FORD PARTS FOR UNIT 421 30013 2312676 587.60 09/19/24 RINCON TRUCK CENTER, STOCK PARTS 30015 2312665 199.97 09/11/24 CINTAS CORPORATION 6 UNIFORMS (9/5/24) 29790 2312511 73.44 09/19/24 RINCON TRUCK CENTER, STOCK PARTS 30014 2312665 684.84 09/19/24 FACTORY MOTOR PARTS PART FOR UNIT 135 30011 2312632 22.35 09/19/24 CINTAS CORPORATION 6 UNIFORMS (9-12-2024) 29955 2312624 73.44

09/19/24 RINCON TRUCK CENTER, STOCK PARTS 30016 2312665 256.69 TOTAL PW - FLEET MGMT 60,537.56
11360053 ISF EQ FD R&C CAPITAL
09/11/24 EFES STIHL RESCUE SAW GUIDE BAR 29759 2312523 67.34 09/19/24 L.N. CURTIS & SONS FIRE VEHICLE STABILIZATION EQUIPMENT 29890 2312643 580.42 TOTAL ISF EQ FD R&C CAPITAL 647.76
11400400 SELF INSURANCE
09/12/24 ATHENS ADMINISTRATOR AUG 2024 - REPLENISHMENT OF CHECKS 29678 2438 183,514.21 TOTAL SELF INSURANCE 183,514.21
11400411 SELF INSURANCE
09/19/24 BISNAR CHASE ATTORNE PAYMENT FOR BALSIS SETTLEMENT 29937 2498 450,000.00 TOTAL SELF INSURANCE 450,000.00
11400430 SELF INSURANCE
09/11/24 THE LINCOLN NATIONAL SEP 2024 LIFE INSURANCE/LTD/ADD/EAP 29651 2312583 3,270.82 09/11/24 MYERS-STEVENS & TOOH OCT 2024 - PORAC LTD (ACCT 54541) 29801 2312540 1,395.90 09/19/24 FOUNTAIN VALLEY FIRE OCT 2024 - FVFA LTD 29853 2502 682.50 TOTAL SELF INSURANCE 5,349.22
11500000 ISF EMPLOYEE BENEFITS
09/10/24 CALPERS SEP 2024 - CALPERS MEDICAL 29046 2282 298,249.17 09/11/24 THE LINCOLN NATIONAL SEP 2024 LIFE INSURANCE/LTD/ADD/EAP 29651 2312583 1,480.95 09/19/24 AFLAC SEPT'24 AFLAC ACCT HH049 29859 2312612 3,413.84 09/19/24 STANDARD INSURANCE C SEP 2024 - VISION ACTIVE 29989 2312673 2,315.02 09/19/24 STANDARD INSURANCE C SEP 2024 - VISION COBRA 29991 2312674 55.88 09/18/24 FOUNTAIN VALLEY POLI PR PPE 091324 DED 8002 29956 2487 2,300.00 09/18/24 FOUNTAIN VALLEY CRED PR PPE 091324 DED 9500 29957 2485 38,644.60 09/18/24 FOUNTAIN VALLEY FIRE PR PPE 091324 DED 8000 29958 2486 3,089.49 09/19/24 EMPOWER/BENEFITS COR PR PPE 091324 DED 7031-7032-7033-7036 29959 2484 78,408.48 09/19/24 CALIFORNIA STATE DIS PR PPE 091324 DED 6004-6005-6007 29960 2483 1,136.29 09/19/24 ORANGE COUNTY SHERIF CASE#: 30-2021-01185242-CL-CL-CJC 29961 2312646 593.25 09/18/24 MISSION SQUARE RET P PLAN #803216 - PPE 091324 DED 2013 & 2015 29962 2489 2,480.60 09/18/24 MISSION SQUARE RET P PLAN #800389 - PPE 091324 DED 2011 29963 2490 1,011.82 09/18/24 MISSION SQUARE RET P PLAN #800414 - PPE 091324 DED 2014 29964 2491 203.54 09/18/24 MISSION SQUARE RET P PLAN #108536 - PPE 091324 DED 2018 29965 2492 576.90 09/18/24 U.S. BANK N.A. PR PPE 091324 DED 7029 & 7030 29966 2496 2,956.12 09/18/24 FVPOA PAC PR PPE 091324 DED 8005 29967 2488 480.00 09/19/24 INTERNAL REVENUE SER PR PPE 091324 - FED TAX & MEDI 29968 2481 195,503.13 09/19/24 EMPLOYMENT DEVELOPME PR PPE 091324 - STATE TAX 29969 2482 65,991.57 09/18/24 TEAMSTERS LOCAL UNIO PR PPE 091324 DED 8003 P & T 29970 2493 287.50 09/18/24 TEAMSTERS LOCAL UNIO PR PPE 091324 DED 8004 MEA 29971 2494 400.00 09/18/24 TEAMSTERS LOCAL UNIO PR PPE 091324 DED 8001 GEA 29972 2495 375.00 TOTAL ISF EMPLOYEE BENEFITS 699,953.15
11500450 EMPLOYEE BENEFITS
09/10/24 CALPERS SEP 2024 - CALPERS MEDICAL 29046 2282 30,722.88 09/12/24 KELLY, GANNON P TUITION REIMBURSEMENT (BCJ 210 & BCJ 403) 29792 2448 918.00 09/19/24 STERLING HEALTH SERV AUG 2024 FSA ADMIN FEES 29832 2514 70.00

TOTAL EMPLOYEE BENEFITS 31,710.88
23030310 CDBG CODE ENFORCEMENT
09/11/24 VERIZON WIRELESS 8/26-9/25/24 CELL PHONES & IPADS 29700 2312598 79.92 TOTAL CDBG CODE ENFORCEMENT 79.92
23030313 CDBG NEIGHBOORHOOD REVITA
09/19/24 LEIFKES CONSULTING, CDBG HOME IMPROVEMENT PROGRAM 29941 2505 2,560.00 TOTAL CDBG NEIGHBOORHOOD REVITA 2,560.00
23130324 FVHA AFFORDABLE
09/19/24 STRADLING YOCCA CARL LEGAL SERVICES FOR AFFORDABLE HOUSING 29990 2312675 206.00 09/19/24 STRADLING YOCCA CARL LEGAL SERVICES FOR AFFORDABLE HOUSING 29992 2312675 3,553.50 TOTAL FVHA AFFORDABLE 3,759.50
50000000 WF NON-DEPARTMENTAL
09/11/24 UTILITY REFUND UTILITY REFUND - FINALED 8/28/24 29666 2312591 16.43 09/11/24 UTILITY REFUND UTILITY REFUND - FINALED 8/28/24 29667 2312596 10.43 09/11/24 UTILITY REFUND UTILITY REFUND - FINALED 7/8/24 29668 2312594 83.96 09/11/24 UTILITY REFUND UTILITY REFUND - FINALED 7/26/24 29669 2312593 36.44 09/11/24 UTILITY REFUND UTILITY REFUND - FINALED 7/24/24 29670 2312597 54.04 09/11/24 UTILITY REFUND UTILITY REFUND - FINALED 7/26/24 29671 2312590 35.19 09/11/24 UTILITY REFUND UTILITY REFUND - FINALED 8/15/24 29672 2312592 36.66 09/11/24 UTILITY REFUND UTILITY REFUND - FINALED 8/29/24 29673 2312588 10.31 09/11/24 UTILITY REFUND UTILITY REFUND - FINALED 8/31/24 29674 2312595 18.07 09/11/24 UTILITY REFUND UTILITY REFUND - FINALED 8/20/24 29675 2312589 36.67 TOTAL WF NON-DEPARTMENTAL 338.20
50040403 WF UTILITY BILLING
09/11/24 INFOSEND, INC JUL 2024 - UTILITY BILLING PRINTING 28931 2312535 2,731.02 09/11/24 INFOSEND, INC JUL 2024 - UTILITY BILLING PRINTING (POSTAGE 28932 2312535 4,475.13 09/19/24 INFOSEND, INC AUG 2024 UTILITY BILLING PRINTING - PLUS 29852 2312641 5,772.52 TOTAL WF UTILITY BILLING 12,978.67
50050570 WF WTR PROD. OPNS
09/11/24 RED WING BUSINESS AD SAFETY BOOTS - DAVID KELLY 29625 2312548 215.00 09/19/24 AT&T MOBILITY 6/27-7/26/24 CELL, IPADS, VARIOUS 29612 2312616 6,595.00 09/11/24 CINTAS CORPORATION 6 UNIFORMS (08/08/24) 29614 2312511 18.11 09/19/24 BLUE-WHITE INDUSTRIE NAF PUMP TUBES 29321 2312620 185.83 09/11/24 CINTAS CORPORATION 6 UNIFORMS (08/15/24) 29615 2312511 18.11 09/19/24 BLUE-WHITE INDUSTRIE CHEMICAL PUMP CONVERSION BOX 29322 2312620 959.73 09/11/24 CINTAS CORPORATION 6 UNIFORMS (8/22/24) 29788 2312511 18.11 09/19/24 VERIZON WIRELESS 7/26-8/25/24 WATER CELLS, IPADS, MODEMS 29844 2312683 719.37 09/11/24 CINTAS CORPORATION 6 UNIFORMS (8/29/24) 29789 2312511 18.11 09/11/24 CINTAS CORPORATION 6 UNIFORMS (9/5/24) 29790 2312511 18.11 09/19/24 CINTAS CORPORATION 6 UNIFORMS (9-12-2024) 29955 2312624 18.11 TOTAL WF WTR PROD. OPNS 8,783.59
50050571 WF DISTRIBUTION SYSTEM
09/19/24 OMEGA INDUSTRIAL SUP FOOD GRADE LUBE, FAST CHERRY 27529 2312689 2,157.07 09/11/24 RED WING BUSINESS AD SAFETY BOOTS - BRYAN PENDLETON 29630 2312549 215.00 09/11/24 INFOSEND, INC JUL 2024 - UTILITY BILLING PRINTING 28931 2312535 36.48

09/11/24 INFOSEND, INC JUL 2024 - UTILITY BILLING PRINTING (POSTAGE 28932 2312535 58.09 09/11/24 CINTAS CORPORATION 6 UNIFORMS (08/08/24) 29614 2312511 48.05 09/19/24 ESRI 7 COPIES OF ARCGIS ONLINE MOBILE WORKER 29264 2312631 2,800.00 09/11/24 HANSON AGGREGATES, L W/C SAND 29749 2312532 1,077.63 09/19/24 HANSON AGGREGATES, L 25 TON CMB 29982 2312639 472.76 09/11/24 CINTAS CORPORATION 6 UNIFORMS (08/15/24) 29615 2312511 48.05 09/11/24 YO FIRE CUSTOMER VALVES 29752 2312609 2,943.86 09/11/24 YO FIRE 2" AMS,90,COMP COUPLING 29761 2312609 1,011.64 09/11/24 CINTAS CORPORATION 6 UNIFORMS (8/22/24) 29788 2312511 62.89 09/11/24 MUNICIPAL WATER DIST JUL 2024 - TURF REMOVAL & S2D 29588 2312538 801.50 09/12/24 SMARDAN SUPPLY CO. RIGID WHEEL CUTTER 29750 2470 142.85 09/12/24 SMARDAN SUPPLY CO. RIGID CUTTER WHEEL 29751 2470 79.95 09/11/24 MUNICIPAL WATER DIST FY 2024-25 CHOICE PROGS - WUE & SCHOOLS 29773 2312539 23,617.55 09/11/24 ROSEBURROUGH TOOL IN SAW CART 29753 2312556 913.71 09/11/24 YO FIRE ANGLE STOPS 29754 2312609 1,818.26
09/11/24 CINTAS CORPORATION 6 UNIFORMS (8/29/24) 29789 2312511 44.13 09/19/24 INFOSEND, INC AUG 2024 UTILITY BILLING PRINTING - PLUS 29852 2312641 30.92 09/11/24 UNDERGROUND SERVICE SEP'24 NEW USA TICKETS 29757 2312584 232.00 09/11/24 UNDERGROUND SERVICE SEP'24 STATE FEE 29760 2312585 87.12 09/11/24 CINTAS CORPORATION 6 UNIFORMS (9/5/24) 29790 2312511 86.96 09/19/24 YO FIRE DECHLOR TABS 29980 2312688 1,208.65
09/19/24 SMARDAN SUPPLY CO. PVC 80 NIPPLE 29981 2513 2.08 09/19/24 CINTAS CORPORATION 6 UNIFORMS (9-12-2024) 29955 2312624 63.42 TOTAL WF DISTRIBUTION SYSTEM 40,060.62
50050572 WF WTR QUAL & TREATMENT
09/19/24 SIERRA ANALYTICAL LA WATER QUALITY TESTING SERVICES FY 24/25 29875 2312669 5,634.00 09/11/24 USA BLUE BOOK WATER SAMPLE BUFFERING SOLUTION 29676 2312586 944.76 09/19/24 SMARDAN SUPPLY CO. BACKFLOW REPLACEMENT FOR BROKEN 29877 2513 1,318.31 TOTAL WF WTR QUAL & TREATMENT 7,897.07
50050574 WF METER M & R
09/11/24 AQUA-METRIC SALES 6" OMNI METER REGISTER 29120 2312501 2,907.68 09/19/24 AQUA-METRIC SALES 4" OMNI CHAMBER 29978 2312613 1,519.10 09/11/24 JEFF BRADSHAW EXP#000006 REFUND FVINV #20530 29820 2312536 411.15 TOTAL WF METER M & R 4,837.93
50150580 SF SEWER MAINTENANCE
09/11/24 USA BLUE BOOK TRAFFIC WARNING SIGNS 29718 2312587 542.96 09/11/24 RED WING BUSINESS AD SAFETY BOOTS - STAN KOSALKA 29631 2312549 215.00 09/19/24 RED WING BUSINESS AD SAFETY BOOTS - R WHEELER 2024 30005 2312662 215.00 09/11/24 CINTAS CORPORATION 6 UNIFORMS (08/08/24) 29614 2312511 8.72 09/11/24 CINTAS CORPORATION 6 UNIFORMS (08/15/24) 29615 2312511 8.72 09/11/24 CINTAS CORPORATION 6 UNIFORMS (8/22/24) 29788 2312511 8.72 09/11/24 CINTAS CORPORATION 6 UNIFORMS (8/29/24) 29789 2312511 8.72 09/11/24 CINTAS CORPORATION 6 UNIFORMS (9/5/24) 29790 2312511 8.72 09/19/24 PLUMBERS DEPOT INC. SEWER CCTV CUES EQUIPMENT UPGRADES 29815 2312648 1,312.91 09/19/24 CINTAS CORPORATION 6 UNIFORMS (9-12-2024) 29955 2312624 8.72

TOTAL SF SEWER MAINTENANCE 2,338.19
50250590 SWF SOLID WASTE
09/19/24 REPUBLIC SERVICES, I AUG 2024 - RUBBISH HAULING 29843 2312663 393,378.54 TOTAL SWF SOLID WASTE 393,378.54
TOTAL $2,358,946.92

CITY OF FOUNTAIN VALLEY

CITY COUNCIL

COUNCIL ACTION REQUEST
To: Honorable Mayor and Agenda Date: October 1, 2024
Members of the City Council
SUBJECT: Second Reading and Adoption of an Ordinance to (1) Amend Fountain Valley Municipal Code 10.64.010 to establish regulations related to electrical bicycles and include definitions of E-bikes and similar conveyances; (2) Implement training and educational programs for E-bikes; (3) Amend Fountain Valley Municipal Code to include regulations for E-bikes in parks
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 City Council approved the First Reading and introduction of the ordinance at its September 17, 2024 City Council meeting. The use of electric bicycles (E-bikes) has significantly increased in our community. These bikes are used by adults and children of nearly all ages on various terrains, including parks, bike lanes, parking lots, and streets. However, riders, especially minors, often lack the necessary training, testing, and licensing that adults undergo.

Consequently, they are not adequately educated on the rules of the road or the potential dangers involved. E-bikes often travel at speeds up to 28 miles per hour, with some modified versions reaching speeds close to 60 miles per hour. Due to the state level's lack of regulation and oversight, E-bikes have become a nuisance to drivers and pose a danger to both themselves and other vehicles. This has led to increased collisions and personal injuries, causing significant traffic disruptions.

To mitigate these issues, Staff recommends that the City enact a Municipal Code that enables the Police Department to enforce specific rules of the road for E-bike riders who operate in an unsafe manner.

E-Bike Municipal Code
October 1, 2024

DISCUSSION:

In recent years, E-bikes have surged in popularity, particularly among young children and teenagers in Fountain Valley. This growing trend has led to a significant increase in calls to the Fountain Valley Police Department concerning the unsafe operation of E-bikes on City streets and in parks. Additionally, the City has seen a rise in E-bike-related injuries. The absence of a clear Municipal Code governing E-bike usage has created a pressing need for the City to establish comprehensive regulations to ensure the proper and safe operation of E-bikes.

Updating the bicycle Municipal Code to include specific provisions for E-bikes is essential to mitigate the risks associated with their use. Furthermore, it is crucial to implement training and educational programs aimed at E-bike users, especially young riders, to promote awareness of safety practices and adherence to traffic laws. By taking these steps, Fountain Valley can enhance public safety, reduce accidents, and ensure that E-bike users are well-informed and responsible.

The proposed changes to the current Municipal Code include adding definitions for different types of electric bicycles, such as electric bikes, motor-driven cycles, mopeds, and motorized bicycles. Additionally, the update includes a section for unsafe riding. These enhancements will help ensure that the regulations are clear, enforceable, and in line with modern transportation needs.

The following are the changes recommended by Staff:

FVMC 10.64.010 Definitions:
"Electric bicycle" is a bicycle equipped with fully operable pedals and an electric motor of less than 750 watts as defined by California Vehicle Code Section 312.5(a). "Moped" or "motorized bicycle" is any two- or three-wheeled device having fully operative pedals for propulsion by human power, or having no pedals if powered solely by electrical energy, has an automatic transmission, and a motor which produces less than four gross brake horsepower and is capable of propelling the device at a maximum speed of not more than 30 miles per hour on level ground as defined by California Vehicle Code Section 406(a). "Motor-driven cycle" is a motorcycle with a motor that displaces less than 150cc per California Vehicle Code Section 405.
"Pocket bike" is a two-wheeled motorized device having a seat or saddle for the use of the rider that is not designed or manufactured for highway use. A pocket bike does not include an off-highway motorcycle, as defined in California Vehicle Code Section 436.

FVMC 10.64.065 Electrical Bicycle Operation.
(a) No person shall ride a conventional bicycle, electric bicycle, moped, motor-driven cycle, electric motorcycle, pocket bike, or any other electric conveyance not previously named in an

E-Bike Municipal Code
October 1, 2024

unsafe manner on any publicly owned property, including but not limited to a public roadway, highway, sidewalk, park; nor any private property open to the public. (1) "Unsafe manner" means any act or acts in violation of the Fountain Valley Municipal Code, California Vehicle Code, or other existing law. An "unsafe manner" can also be defined as operating the conveyance in such a way as to constitute a danger to the operator, a passenger, other motorists, other riders, or pedestrians in the area. (2) Examples of riding in an unsafe manner may include, but are not limited to, the following actions:
(A) Riding on a sidewalk without due caution for pedestrians. (B) Riding on a sidewalk, highway, bicycle path, or bicycle lane against the flow of traffic. (C) Not yielding to vehicles or pedestrians when required to by the California Vehicle Code. (D) Intentionally swerving or riding around stopped or slowed traffic. (E) Operating a conveyance in a manner it was not designed for, including carrying passengers when not designed for carrying passengers, or standing on the seat of the bicycle.
(F) Not obeying posted signs.
(G) A person under the age of 18 riding without a properly fitted and fastened helmet. (H) Intentionally lifting one or more wheels into the air while riding on a highway, sidewalk, bicycle lane, or bicycle path. It is not a violation of this section if one or more wheels loses contact with the ground briefly due to the condition of the road surface or other circumstances beyond the control of the rider.
(I) Riding on a bicycle path, bicycle lane, or sidewalk at a speed greater than is reasonable or prudent under the existing conditions, or at a speed which endangers the safety of persons or property.

By amending the existing bicycle Municipal Code, the City can create a safer environment for all road users, ensuring that the benefits of E-bikes are enjoyed responsibly and without compromising public safety.

FVMC 12.08.100 Electric Bicycle Regulations in Parks Ordinance The increasing popularity of E-bikes has raised safety concerns in City parks due to their speed, which can create hazardous conditions for pedestrians and other park users. To address these safety concerns, it is proposed to amend Section 12.08.100 of the Fountain Valley Municipal Code to include E-bikes in the list of prohibited vehicles in City parks.

E-Bike Municipal Code
October 1, 2024

PUBLIC NOTIFICATION:

Public notification was provided in accordance with the standard agenda process and all legal requirements, including publication in the Orange County Register.

ATTORNEY REVIEW:

The Attorney for the City has reviewed and concurs with the recommended action.

ALTERNATIVES:

Alternative No. 1: 1) Conduct the Second Reading and Adoption of an ordinance to Amend Fountain Valley Municipal Code 10.64.010 to establish regulations related to Electrical bicycles and include definitions of E-bikes and similar conveyances; (2) Implement training and educational programs for Ebikes; (3) Amend Fountain Valley Municipal Code to include regulations for E-bikes in parks.

Alternative No. 2: 1) Do not amend Fountain Valley Municipal Code 10.64.010 to establish regulations related to Electrical bicycles and include definitions of E-bikes and similar conveyances; (2) Implement training and educational programs for E-bikes; (3) Amend Fountain Valley Municipal Code to include regulations for E-bikes in parks.

RECOMMENDATION:

Staff recommends Alternative No. 1: Conduct the Second Reading and Adoption of an ordinance Amending Fountain Valley Municipal Code 10.64.010 to establish regulations related to electrical bicycles and include definitions of E-bikes and similar conveyances; (2) Implement training and educational programs for E-bikes; (3) Amend Fountain Valley Municipal Code to include regulations for E-bikes in parks.

Prepared by: Brian Mosher, Police Sergeant
Approved by: Michael Ishii, Interim Police Chief

Attorney review by: Vanessa Lassooy, Attorney for the City Approved by: Maggie Le, City Manager
Attachments:

E-Bike Municipal Code
October 1, 2024

1. Ordinance amending Fountain Valley Municipal Code 10.64.010 to establish regulations related to Electrical bicycles and include definitions of E-bikes and similar conveyances and Ordinance amending Fountain Valley Municipal Code Section 12.08.100 to include E-bike regulations in parks.

ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
FOUNTAIN VALLEY AMENDING SECTION 10.64.010 OF

THE FOUNTAIN VALLEY MUNICIPAL CODE TO INCLUDE

DEFINITIONS OF E-BIKES AND SIMILAR
CONVEYANCES, ADDING SECTION 10.64.065

REGARDING E-BIKE AND SIMILAR CONVEYANCE

OPERATION AND SAFETY REGULATIONS, AND
AMENDING SECTION 12.08.100 TO INCLUDE E-BIKES IN

THE PARKS BAN
WHEREAS, City Council of the City of Fountain Valley recognizes the need to ensure safety and well-being of its residents and visitors; and WHEREAS, The use of e-bikes and similar conveyances have increased significantly, leading to concerns about safety, and orderly use on City Streets, sidewalks and in parks; and
WHEREAS, The Orange County Grand Jury in their report called “Friend or Foe” The impacts of e-bikes in Orange County” addressed the growing safety concerns associated with e-bikes and recommends that Orange County Cities adopt regulations to manage their operation; and
WHEREAS, City Council desires to establish clear definitions of e-bikes and similar conveyances; and
WHEREAS, City Council recognizes the need to establish safety regulations for ebikes and similar conveyances; and WHEREAS, City Council desires to amend Section 12.08.100 of the Fountain Valley Municipal Code to include e-bikes in the list of prohibited vehicles in park; and NOW, THEREFORE, City Council of the City of Fountain Valley does hereby ORDAIN as follows:

Amendment to section 10.64.010: Section 10.64.010 of the Fountain Valley Municipal Code is hereby amended as follows:

As used in this chapter, the following terms and words shall have the following meanings:
“Bicycle” means and includes any device upon which a person may ride, which is propelled by human power through a system of belts, chains or gears and which has wheels at least twenty inches in diameter and a frame size of at least fourteen inches.

“Electric bicycle” is a bicycle is a bicycle equipped with fully operable pedals and an electric motor of less than 750 watts as defined by California Vehicle Code Section 312.5(a).
"Moped" or "motorized bicycle" is any two- or three-wheeled device having fully operative pedals for propulsion by human power, or having no pedals if powered solely by electrical energy, has an automatic transmission, and a motor which produces less than four gross brake horsepower and can propel the device at a maximum speed of not more than 30 miles per hour on level ground as defined by California Vehicle Code Section 406(a)
"Motor driven cycle" is a motorcycle with a motor that displaces less than 150cc per California Vehicle Code Section 405. "Pocket bike" is a two-wheeled motorized device having a seat or saddle or the use of the rider that is not designed or manufactured for highway use. A pocket bike does not include an off-highway motorcycle, as defined in California Vehicle Code Section 436. “Bicycle license receipt” means and includes that ownership card issued by the licensing agency or agent of the city upon receipt of the designated license fee.
“Bicycle plate” means and includes the license tag or decal designated by the state, in accordance with Section 39001 of the California Vehicle Code, to be permanently affixed to the bicycle and which bears a unique number permanently assigned to that bicycle by the state. “Licensing agency or agent” means and includes that party or parties designated by the city council as the official licensing agency or agent for bicycles in the city. For purposes of this chapter, the police department shall be deemed the licensing agency. The Chief of Police shall be given the authority to recommend for appointment by the City Council any person or persons to assist the licensing agency in the capacity of bicycle licensing agents. The licensing agency or agent shall license bicycles for persons residing in the City only. All other bicycle license applicants shall be referred to their respective city or jurisdiction of residency.

Addition of Section 10.64.065: Section 10.64.065 of the Fountain Valley Municipal Code hereby reads:
(a) No person shall ride a conventional bicycle, electric bicycle, moped, motor-driven cycle, electric motorcycle, pocket bike, or any other electric conveyance not previously named in an unsafe manner on any publicly owned property, including but not limited to

a public roadway, highway, sidewalk, park; nor any private property open to the public.
(1) "Unsafe manner" means any act or acts in violation of the Fountain Valley Municipal Code, California Vehicle Code, or other existing law. An "unsafe manner" can also be defined as operating the conveyance in such a way as to constitute a danger to the operator, a passenger, other motorists, other riders, or pedestrians in the area.
(2) Examples of riding in an unsafe manner may include, but are not limited to, the following actions:
(A) Riding on a sidewalk without due caution for pedestrians. (B) Riding on a sidewalk, highway, bicycle path, or bicycle lane against the flow of traffic.
(C) Not yielding to vehicles or pedestrians when required to by the California Vehicle Code.
(D) Intentionally swerving or riding around stopped or slowed traffic.
(E) Operating a conveyance in a manner it was not designed for, including carrying passengers when not designed for carrying passengers, or standing on the seat of the
bicycle.
(F) Not obeying posted signs.
(G) A person under the age of 18 riding without a properly fitted and fastened helmet.
(H) Intentionally lifting one or more wheels into the air while riding on a highway, sidewalk, bicycle lane, or bicycle path. It is not a violation of this section if one or more wheels loses contact with the ground briefly due to the condition of the road surface or other circumstances
beyond the control of the rider.
(I) Riding on a bicycle path, bicycle lane, or sidewalk at a speed greater than is reasonable or prudent under the
existing conditions, or at a speed which endangers the
safety of persons or property.

Amendment to Section 12.08.100. Section 12.08.100 of the Fountain Valley Municipal Code is hereby amended as follows:
(a) No person shall operate, drive, or ride any automobile, truck, motorcycle, motor scooter, motorized bicycle, go-cart, electric

bicycle, moped, motor-driven cycle, pocket bike, or any other motorized or electric conveyance, or any other vehicle at any time in any park except in designated areas. The provisions of this section shall not apply to city vehicles nor to authorized commercial delivery vehicles. No person shall ride or use a bicycle, skateboard or roller skates upon any tennis, handball, basketball, shuffleboard or multipurpose court.
(b) No person shall park or leave standing and unattended any vehicle in any of the following locations:
(1) Any area other than those designated for parking;
(2) Over the lines of a parking stall so that the vehicle is in more than one stall or not completely within one parking stall; (3) Overhanging a designated parking stall into any park space or pedestrian walkways or paths; and
(4) Undesignated or permit parking only locations without written permission by the community services director
(c) No person may leave a vehicle parked in any park between ten p.m. and six a.m. of the following day unless that person is attending an authorized activity. Vehicles left unattended between those hours or in undesignated areas may be towed away and stored by the city and the removal and storage costs shall be charged to and paid by the owner prior to release. The public works director, the city engineer, or their designee is directed to post the appropriate signs in accordance with the California Vehicle Code.

EFFECTIVE DATE: This Ordinance shall take effect and be in full force 30 days from and after the date of its final passage and adoption, in accordance with California Government Code Section 36937.

PASSED, APPROVED, AND ADOPTED this ____day of ________ 2024 by the City Council of the City of Fountain Valley pursuant to the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_______________________________
Mayor

ATTEST:
_________________________
City Clerk
APPROVED AS TO FORM:

HARPER & BURNS LLP
_____________________________
Attorney for the City

CITY OF FOUNTAIN VALLEY

CITY COUNCIL

COUNCIL ACTION REQUEST
To: Honorable Mayor and Agenda Date: October 1, 2024
Members of the City Council
SUBJECT: Second Reading and Adoption of an Ordinance Increasing Council Member Compensation
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
At its meeting on September 3, 2024, the City Council introduced for first reading an Ordinance Increasing Council Member Compensation. As proposed on September 3, 2024, the Ordinance increased compensation to $1,600 per month, per state law. The Council amended the Ordinance by reducing compensation to $1,200 per month and approved a first read of the amended ordinance. At the September 17, 2024 City Council Meeting, the City Council continued this item to the meeting on October 1, 2024, so all five (5) City Council Members could vote on this item. The amended ordinance is now presented to City Council for second reading and adoption.

FISCAL REVIEW
The increase in City Council compensation would be an additional cost, including citypaid payroll taxes, of $710 per council member per month, or a total of $42,600 on an annual basis. These costs are not included in the adopted FY 2024-25 annual budget and would require a budget amendment for the final seven (7) months of FY 2024-25.

The Budget Amendment appropriates $24,850 in increased expenditures from the General Fund unreserved fund balance into the City Council salary and benefit expenditure accounts 100.10.10100.50000 and 100.10.10100.50400.

City Council Request
Second Reading of an Ordinance Increasing Council Member Compensation October 1, 2024

RECOMMENDED ACTION
Staff recommends that the City Council adopt the attached Ordinance and approve the associated budget amendment.

ENVIRONMENTAL ANALYSIS
This Ordinance is not subject to review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines sections 15061(b)(3) (there is no possibility the activity in question may have a significant effect on the environment).

ATTORNEY REVIEW:

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

PUBLIC NOTIFICATION
This item was properly agendized under the Ralph M. Brown Act.

ALTERNATIVES

1. Approve the Second Read and Adopt the attached Ordinance Increasing Council Member Compensation and approve the associated budget amendment.

2. Do not adopt the attached Ordinance.

3. Continue the item for further consideration.

RECOMMENDED ACTION
Staff recommends that the City Council approve the Second Read, Adopt the attached Ordinance Increasing Council Member Compensation, and approve the associated budget amendment.

Prepared by: Colin Burns, Attorney for the City
Fiscal Review: Ryan Smith, Finance Director
Approved By: Maggie Le City Manager
Attachment No 1: Ordinance of the City Council of the City of Fountain Valley Increasing Council Member Compensation

ORDINANCE NO

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

FOUNTAIN VALLEY REGARDING THE COMPENSATION

OF COUNCIL MEMBERS
WHEREAS, California Government Code Section 36516(a)(2)(C) provides that, in cities with a population of 50,000 up to and including 75,000, a city council may enact an ordinance providing that each member of the city council shall receive a salary up to and including one thousand six hundred dollars ($1,600) per month; and WHEREAS, the City of Fountain Valley has a population of approximately 54,893; and
WHEREAS, since 1997, council compensation for City Council members of the City of Fountain Valley has been five hundred dollars ($500.00) per month and no increase in council member compensation has occurred since that time; WHEREAS, there is a need for increased compensation for City Council members due to zero increases in council compensation since 1997, the rise of inflation, and recent changes to Government Code 36516 authorizing an increase in council member compensation to $1,600.00 a month to reflect recent economic trends; WHEREAS, California Government Code Section 36516. 5 allows for an increase in compensation for the entirety of the Council “whenever one or more members of the city council becomes eligible for a salary increase by virtue of the council member beginning a new term of office.” The new term of office for newly elected council members (after the November 2024 election) is anticipated to begin December of 2024.

NOW, THERFORE, THE CITY COUNCIL OF THE CITY OF FOUNTAIN VALLEY ORDAINS AS FOLLOWS:

Section 1. The Council hereby deletes and replaces in its entirety Section

2.04.190 of the Fountain Valley Municipal Code to read as follows:

2.04.190 Compensation.

Pursuant to the provisions of California Government Code Section 36516 and 36516.5, Council Members shall receive as compensation $1,200 per month and such benefits as allowed by law and provided by the city. Beginning with the first day of the month following the date when the term of office commences for a member of the City Council elected at the November 2024 general municipal election, the compensation of City Council Members shall be $1,200.00 per month and such benefits as allowed by law and provided by the city.

Section 2. 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 be subsequently declared invalid or unconstitutional.

Section 3. The City Clerk shall certify to the adoption of this Ordinance and cause it to be published as required by law.

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

ATTEST:
___________________________ _____________________________ Rick Miller Glenn Grandis
City Clerk Mayor
APPROVED AS TO FORM:

HARPER & BURNS LLP
___________________________
Colin Burns
Attorneys for the City

CITY OF FOUNTAIN VALLEY

CITY COUNCIL

COUNCIL ACTION REQUEST
To: Honorable Mayor and Agenda Date: October 1, 2024
Members of the City Council
From: Ron Vargas, Associate Planner
Subject: Second Read and Adoption of Code Amendment NO. 24-01 – An Amendment to the 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
Three-Year Strategic Goals
☒ Enhance the culture and environment of “A Nice Place to Live” ☒ Attract and retain revenue producing businesses
☐ Achieve fiscal stability in accordance with the 20-Year Financial Plan ☐ Attract and retain quality staff
☐ Not applicable

EXECUTIVE SUMMARY
At its meeting of September 17, 2024, the City Council introduced for a first reading an Ordinance approving Code Amendment (CA) No. 24-01 to amend 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 of the FVMC (Attachment 1). The Ordinance was introduced by a vote of 4-0 during the first reading without amendment.

As detailed in the attached report (Attachment 2), the current FVMC requires that all health and fitness centers must obtain approval of a Conditional Use Permit (CUP) regardless of size and location, health and fitness facilities are defined 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, studios are defined as "Studios for art, dance, music, photography, etc," tattooing is defined 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, and temporary outdoor storage is not permitted in the Public Institution (PI) zones.

The proposed changes to the FVMC will amend the code to allow for health and fitness uses 5,000 square feet or less to be permitted by right within all Commercial, Manufacturing and Mixed Use zones and allow for Temporary Outdoor Storage and Offsite storage permitted in Public Institutional zones with approval of a Temporary Use Permit by the Community Development Director. The code amendment will establish specific definitions for “Artist Studios for Art, Music,

Council Action Request
Code Amendment No. 24-01
October 1, 2024

Photography”, as well as create a definition for Semi-permanent makeup uses and permit these by right in all Commercial zones.

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

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 for the public hearing on September 17, 2024.

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

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

ALTERNATIVES
Alternative No. 1: Adopt 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 semipermanent 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 adopt 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 semipermanent 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: Continue for further discussion.

RECOMMENDATION
Staff is requesting City Council approval of Alternative No. 1: Adopt 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

Council Action Request
Code Amendment No. 24-01
October 1, 2024

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.

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. September 17, 2024 Staff Report

3. Notice of Exemption

ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FOUNTAIN

VALLEY APPROVING A CATEGORICAL EXEMPTION PER THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) AND APPROVING CODE AMENDMENT (CA) NO. 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

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 14, 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

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

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
P Permitted Use
CUP Conditional Use Permit required
— Use not allowed
Allowed Uses and Permit
Requirements for Commercial and Manufacturing
Zoning Districts

PERMIT REQUIRED BY DISTRICT
LAND USE (1) CP C1 C2 CM M1
Specific
Use
Regs.

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

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 P Permitted Use
CUP Conditional Use Permit required
— Use not allowed
Allowed Uses and Permit
Requirements for Commercial and Manufacturing
Zoning Districts

PERMIT REQUIRED BY DISTRICT
LAND USE (1) CP C1 C2 CM M1
Specific
Use
Regs.

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 — —

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 — —
P Permitted Use
CUP Conditional Use Permit required
— Use not allowed
Allowed Uses and Permit
Requirements for Commercial and Manufacturing
Zoning Districts

PERMIT REQUIRED BY DISTRICT
LAND USE (1) CP C1 C2 CM M1
Specific
Use
Regs.

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

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 — P Permitted Use
CUP Conditional Use Permit
required
— Use not allowed
Allowed Uses and Permit Requirements for Commercial
and Manufacturing Zoning Districts

PERMIT REQUIRED BY DISTRICT
LAND USE (1) CP C1 C2 CM M1
Specific
Use
Regs.

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

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 Allowed Uses and Permit Requirements for Special
Purpose Land Use
P Permitted Use
CUP Conditional Use Permit required
TUP Temporary Use Permit
— Use not allowed

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

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
CUP Conditional Use
Permit required
— Use not allowed
Allowed Uses and Permit Requirements for
Mixed-Use Zoning Districts

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

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

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

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

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

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

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.

(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.

(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:

“…

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:
“…

“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. …”

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 1ST DAY OF OCTOBER, 2024.

ATTEST:

City Clerk Mayor

APPROVED AS TO FORM

HARPER & BURNS LLP
___________________________
Attorneys for the City

CITY OF FOUNTAIN VALLEY

CITY COUNCIL

COUNCIL ACTION REQUEST
To: Honorable Mayor and Agenda Date: September 17, 2024 Members of the City Council
From: Ron Vargas, Associate Planner
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 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

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

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 at approving the Ordinance as submitted. The Commission requested 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 changes into one ordinances 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 make up 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 approval of a Temporary Use Permit (TUP). Such outdoor storage uses are intended to enhance the City’s economic base.

DISCUSSION
Over the last 5 years, staff have processed several applications for semi-permanent make up business to operate alongside personal service businesses. As defined, semi-permanent make-up offers professional beauty services consisting of eyebrow micro blading, microneedling, 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

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

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 has become a burgeoning industry.

Large formal gyms such as 24 Hr. Fitness or LA Fitness have seen members relinquishing their memberships for smaller more intimate gym experiences. This can include, personal gyms, boxing and mix martial art studios, yoga dens, cycling studios and other similar uses.

Over the last five 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 a growing demand and similar trends in other cities, staff has identified these uses as an opportunity to attract new business and encourage 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

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

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.

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

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

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 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

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

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 ahs reviewed the attached Ordinance.

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.

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

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.

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

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: October 1, 2024
Members of the City Council
SUBJECT: Approval of Amendment No.1 to Contract #1408 between Leifkes Consulting, LLC, and the City of Fountain Valley for the administration of the Community Development Block Grant - Home Improvement Program
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 February 6, 2024, the City entered into Contract #1408 with Leifkes Consulting, LLC to administer the Community Development Block Grant (CDBG) Home Improvement Program due to a recent staff vacancy. The original term of the contract is through October 31, 2024, and allows for just under $50,000 in services.

As the end of the term is approaching, staff is requesting that Council approve the extension of Contract #1408 until June 30, 2025, and authorize an additional allocation of just over $50,000 to the contract to continue the administration of the program through the end of the current fiscal year.

DISCUSSION:

The City has a robust Home Improvement Program (HIP), funded through the annual CDBG allocation, that provides grants, rebates, and loans to low-income homeowners in the community. After the departure of the previous HIP administrator from the city in early 2024, staff reached out to experienced home rehabilitation consultants in the area to obtain bids to administer the City’s HIP to ensure continuity of service for residents and contractors.

Leifkes Consulting was selected as the firm best suited to administer the HIP and was also the lowest bidder. Since entering the contract, Leifkes Consulting has successfully administered the HIP without issues.

Home Improvement Program Consultant Contract #1408 – Amendment No.1 October 1, 2024

As the end date of the current contract approaches, staff is requesting that Contract #1408 with Leifkes Consulting, LLC be extended through June 30, 2025, with additional funding, for a total contract amount not to exceed $100,000.

This extension will allow for the current HIP projects in the pipeline to move forward, and to keep the program available for new applicants until fiscal year end. It is anticipated that a recruitment will be initiated in early 2025 to fill the vacant position of Housing Technician that administers the HIP.

FISCAL REVIEW:

There is no fiscal impact related to this item. CDBG programs are wholly funded by the annual CDBG allocation from the U.S. Department of Housing and Urban Development (HUD) and does not affect the General Fund. The current budget has sufficient funds to cover the additional consultant costs which will be expensed to the Service Contract account in Fund 230 (CDBG), 230.30.30313.53010.

PUBLIC NOTIFICATION:

Not applicable.

ENVIRONMENTAL IMPACT REVIEW:

Not applicable.

ATTORNEY REVIEW:

The Attorney for the City have reviewed and approved this amendment.

ALTERNATIVES:

Alternative No. 1: Approve Amendment No. 1 to Contract #1408 with Leifkes Consulting, LLC for Home Improvement Program administration through June 30, 2025, for a total contract amount of $100,000.

Alternative No. 2: Do not approve Amendment No. 1 to Contract #1408 and direct staff to take alternate action.

RECOMMENDATION: Staff is requesting City Council approval of Alternative No. 1 to Approve Amendment No. 1 to Contract #1408 with Leifkes
Consulting, LLC for Home Improvement Program administration through June 30, 2025, for a total contract amount of $100,000.

Prepared by: Ashlyn Newman, Neighborhood Improvement Manager Reviewed by: Omar Dadabhoy, Deputy City Manager/ Community Development Director

Home Improvement Program Consultant Contract #1408 – Amendment No.1 October 1, 2024

Fiscal review by: Ryan Smith, Finance Director
Approved by: Maggie Le, City Manager
Attachments:

1. Amendment No. 1 to Contract #1408 - Leifkes Consulting

2. Contract #1408 – Leifkes Consulting

AMENDMENT1

AGREEMENT FOR CONSUL TING SERVICES
CON 1408
This FIRST AMENDMENT is made and entered this 1st day of November 2024, by and between the City of Fountain Valley (hereinafter "CITY") a municipal corporation, and Rebe cca Leif kes, a sole proprietor doing business as Leif kes Consulting (hereinafter "CONSULTANT") a California corporation.

Recjtals
WHEREAS CITY and CONSUL TANT previously entered into an Agreement for Consulting Services dated February 6, 2024, (AGREEMENT) which is incorporated herein by this reference; and
WHEREAS the parties do now desire to extend the term of the AGREEMENT through June 30, 2025, and provide additional funding with the TOTAL CONTRACT SUM not to exceed $100,000 to compensate the CONSUL TANT on a time and materials basis for work performed.

NOW, THEREFORE, the parties hereto agree as follows:

1. That the term of the AGREEMENT shall be extended until June 30, 2025.

2. That the TOTAL CONTRACT SUM not exceed $100,000 through the extended term.

3. That, except as expressly modified herein, all other terms and conditions of the AGREEMENT, as amended, remain in effect.

In witness whereof, the parties hereto have entered this AMENDMENT #1 the date and year first above written.

ATTEST: CITY OF FOUNTAIN VALLEY
City Clerk Glenn Grandis, Mayor
APPROVED AS TO FORM: CONTRACTOR:

HARPER & BURNS LLP
At� for the City Consultant

CITY OF FOUNTAIN VALLEY

CITY COUNCIL

COUNCIL ACTION REQUEST
To: Honorable Mayor and Agenda Date: October 1, 2024
Members of the City Council
SUBJECT: Home Improvement Program Policy Amendment – Increase Grant Amount 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 City of Fountain Valley has offered a home improvement program to assist eligible lowincome households in making needed repairs to their homes for over three decades. The design and implementation of the Home Improvement Program (HIP) is based on the City’s Home Improvement Program Policy, which establishes eligibility criteria, improvement priorities, program guidelines and funding limits.

From time to time, the Home Improvement Program Policy is reviewed and updated to ensure that it is still meeting program goals. In evaluating the current market costs and the needs of City residents, staff is recommending the following amendments to the policy:
1) Increase the grant amount for a single-family home from $14,000 to $20,000. 2) Increase the grant amount for a mobile home from $11,000 ($13,500 if a roof replacement is necessary) to $15,000 ($20,000 if a roof replacement is necessary).

DISCUSSION:

The HIP was implemented to assist eligible low-income households in making needed repairs to their homes that they may not otherwise be able to afford. Under the HIP, eligible low-income households can qualify to receive financial assistance in the form of grants, rebates, and deferred payment low-interest loans. The assistance is available to households earning 80% or less of the County median income adjusted for family size. The table below reflects the Orange County Low-Income Level by household size and the Average Median Income by household size as of May 2024.

Home Improvement Program Policy Amendment
October 1, 2024

INCOME LEVEL
1-PERSON

HOUSEHOLD
2- PERSON

HOUSEHOLD
3-PERSON

HOUSEHOLD
4-PERSON

HOUSEHOLD
5-PERSON

HOUSEHOLD
Low-Income
(80% AMI) $88,400 $101,000 $113,650 $126,250 $136,500
Area Median
Income (AMI) $90,300 $103,200 $116,100 $129,000 $139,300 The City’s goal in providing a home improvement program is to extend the useful life of our housing stock; improve the aesthetic character of our neighborhoods; preserve property values of neighborhoods; and to provide a safe and decent place for eligible homeowners to live who may not have the financial means to afford the cost of needed repairs. Most of the housing tracts in Fountain Valley were developed in the 1960’s and 1970’s, and these homes are reaching the age where the fundamental systems such as plumbing, electrical, windows, etc. are reaching the end of the useful life and will need repair or replacement. Some of these homes still have the original roofs that have exceeded the normal useful life. Although maintenance is an expected part of home ownership, the cost of a major repair is daunting, and even more so for lower income homeowners.

The current policy allows for a maximum grant of $14,000 for a single-family home and $11,000 ($13,500 if a roof replacement is necessary) for a mobile home. These limits have been in place since 2019. In the past five years, construction costs for both materials and labor have risen dramatically and the number of repairs the program has been able to fund for residents has greatly reduced. Applicants that are approved for the program generally use the entire amount of the grant. If they do not have personal funds available to add to the grant amount, they must cut back on their scope of work to stay within the grant limit. There have been occasions when a potential applicant did not apply for the grant because their repair needs far exceed the available grant funding per property, and they are unable to pay the uncovered cost of repairs.

Neighboring cities with similar programs were surveyed and the maximum grant funding offered varied between jurisdictions as shown in the table below.

City Fullerton Tustin Santa Ana Huntington Beach Long Beach Grant
Amount $25,000 $15,000 $25,000 $15,000 $20,000 (roof only) To keep pace with the rise in construction costs, staff is recommending that the single-family home grant be increased to $20,000 and the mobile home grant be increased to $15,000 ($20,000 if a roof replacement is necessary) to cover a greater portion of repairs that are typically needed at each property. It is expected that the higher grant limits will encourage more eligible households to apply for the program because their out-of-pocket expenses will be reduced.

Home Improvement Program Policy Amendment
October 1, 2024

The total budget for the Home Improvement Program will remain the same. The FY 24/25 budgeted funds are sufficient to cover a higher number of grants at the proposed higher grant amount. Historically, the budgeted amount for grants has not been expended over each fiscal year. Because of the adequate budgeted funds to cover more grants at a higher amount, there should not be any decrease in the number of qualified households that can be approved for the program.

FISCAL REVIEW:

No fiscal impact to the City’s General Fund. Community Development Block Grant (CDBG) funds are the sole source of financing for the program and the current adopted budget includes sufficient funding to cover the higher grant amounts. It will be expensed to Fund 231, HCD Grants, account 231.30.30313.56301.

PUBLIC NOTIFICATION:

Not applicable.

ENVIRONMENTAL IMPACT REVIEW:

Not applicable.

ATTORNEY REVIEW:

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

ALTERNATIVES:

Alternative No. 1 Approve the amendment to the City Council Home Improvement Program Policy to increase the Single-Family Grant amount to $20,000 and the Mobile Home Grant to $15,000 ($20,000 if a roof replacement is necessary)
Alternative No. 2 Do not approve the amendment.

RECOMMENDATION:

Staff is requesting City Council approval of Alternative No. 1 to approve the amendment to the City Council Home Improvement Policy to increase the Single-Family Grant amount to $20,000 and the Mobile Home Grant to $15,000 ($20,000 if a roof replacement is necessary) 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

Home Improvement Program Policy Amendment
October 1, 2024

Attachments:

1. Proposed Home Improvement Program Policy 2024

CITY OF FOUNTAIN VALLEY

HOME IMPROVEMENT PROGRAM

CITY COUNCIL POLICY
Last update: 2024

City of Fountain Valley Home Improvement Program Policy

I. BACKGROUND
For over 35 years, the City of Fountain Valley has designated a significant portion of its housing and community development resources to the goal of preserving and enhancing the City’s existing housing stock. In support of this goal, the City has offered home improvement grants, rebates, and low-interest loans to eligible households under its Home Improvement Program.

In implementing the Home Improvement Program in the past, the City of Fountain Valley utilized various federal, state, and local funding sources. Currently, funding for this program is provided solely by Community Development Block Grant (CDBG) funds made available by the United States Department of Housing and Urban Development (HUD).

The City Council Policy governing the City’s Home Improvement Program has been amended several times since its inception, however the program options have remained essentially unchanged. This updated policy replaces all previously existing Home Improvement Program policies.

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

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

III. HOME IMPROVEMENT PROGRAMS
A. Single-Family Home Improvement Programs
The City of Fountain Valley will offer a variety of home improvement financing programs (e.g. grants, rebates, and low-interest loans) designed to assist lowincome homeowners with the means to make necessary improvements to their homes. Eligible homeowners may initially utilize assistance under any two of the three primary programs (grants, rebates, and low-interest loans) with the exception of the Disability Modification Grant (DMG). The DMG will be approved one-time only in combination with any of the programs offered or as a standalone grant. Repeat assistance will be allowed for rebates and loans once every seven years, however, the balance of all outstanding loans may not exceed $50,000. Grants are available once every ten years, per household, per address. Emergency grants may be utilized as often as needed if the homeowner has already exhausted all other forms of eligible assistance. Participation in the City’s Single-Family Home Improvement Programs is also subject to the additional requirements described in Sections IV through VII of this policy.

City of Fountain Valley Home Improvement Program Policy

1. Grant Program
Target Income Group: ≤80% of area median income adjusted for household size
Maximum Amount: $20,000
Project Location: Citywide
Security: None
Loan Rate and Term: N/A
Repayment Schedule: N/A
Fees: None
Credit Rating: No requirement
Availability: Once every ten years per household per address Special Requirements: None

2. Lead Hazard Reduction Grant Program
Target Income Group: ≤80% of area median income adjusted for household size
Maximum Amount: $7,500
Project Location: Citywide
Security: None
Loan Rate and Term: N/A
Repayment Schedule: N/A
Fees: None
Credit Rating: No requirement
Availability: Receipt of recurring assistance under this program is subject to participant’s eligibility to receive
assistance under the City of Fountain Valley Home
Improvement Program.

Special Requirements: None

3. Disability Modification Grant Program
Target Income Group: ≤80% of area median income adjusted for household size
Maximum Amount: $5,000
Project Location: Citywide
Security: None
Loan Rate and Term: N/A
Repayment Schedule: N/A
Fees: None
Credit Rating: No requirement
Availability: One time only per household per address
Special Requirements: Funds used to aid residents with ADA-compliant improvements as approved by HCD staff.

City of Fountain Valley Home Improvement Program Policy

4. Emergency Grant Program
Target Income Group: ≤80% of area median income adjusted for household size
Maximum Amount: $4,000
Project Location: Citywide
Security: None
Loan Rate and Term: N/A
Repayment Schedule: N/A
Fees: None
Credit Rating: No requirement
Availability: Unlimited per special requirements
Special Requirements: May only be used to address existing zoning/building code violations, structural
conditions that require immediate attention to
prevent future damage to the property, and/or
conditions that threaten the health and safety of the
unit’s occupants after homeowner has exhausted
all other available forms of eligible assistance.

5. Rebate Program
Target Income Group: ≤80% of area median income adjusted for household size
Maximum Rebate: $7,500 (calculated at 50% of total project cost) Project Location: Citywide
Security: None
Loan Rate and Term: N/A
Repayment Schedule: N/A
Fees: None
Credit Rating: No requirement
Availability: Once every seven years
Special Requirements: None

6. Low-Interest Loan Program
a. Low-Interest Deferred Payment Loans
Target Income Group: ≤80% of area median income adjusted for household size
Maximum Loan: $50,000
Project Location: Citywide
Security: Recorded Trust Deed / Promissory Note
Loan Rate and Term: 0% to 80% of MFI: 3% / 25 years
Note: An interest rate of ten percent (10%) will
apply to the entire loan principal if the subject
property is sold/transferred within twelve (12)
months of loan origination.

City of Fountain Valley Home Improvement Program Policy

Repayment Schedule: Flexible
Fees: 100% of fees (assessed at underwriter’s cost) to be paid by borrower. (Loan fees may be wrapped into
loan). Reconveyance charge of $150 is due at
payoff.

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

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

Credit Rating Applicants must have minimum credit score rating of fair credit (600 or greater) to qualify for the
program.

Equity The total indebtedness of all recorded liens,
including the City’s Home Improvement Program
loan, may not exceed ninety-five percent (95%) of
the fair market value of the home after
rehabilitation.
b. Low-Interest Payment Loans
Target Income Group: ≤80% of AMI adjusted for household size adjusted for household size
Maximum Loan: $50,000.

Project Location: Citywide
Security: Recorded Trust Deed / Promissory Note
Loan Rate and Term: 0%-80% of MFI: 3%
$3,500 - $5,999 - 5 years
$6,000 - $14,999 - 10 years
$15,000 - $24,999 - 15 years
$25,000 - $34,999 - 20 years
$35,000 - $50,000 - 25 years
Note: An interest rate of ten percent (10%) will
apply to the entire loan principal if the subject
property is sold/transferred within twelve (12)
months of loan origination.

Repayment Schedule: Monthly payments / straight amortization Fees: 100% of fees (assessed at underwriter’s cost) to be paid by borrower. (Loan fees may be wrapped into
loan). Reconveyance charge of $150 is due at
payoff.

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

City of Fountain Valley Home Improvement Program Policy

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

Credit Rating: Applicants must have minimum credit score rating of fair credit (600 or greater) to qualify for the
program.

Equity: The total indebtedness of all recorded liens,
including the City’s Home Improvement Program
loan, may not exceed ninety-five percent (95%) of
the fair market value of the home after
rehabilitation.

B. Mobile Home Improvement Programs
The City of Fountain Valley will offer grants and rebates to eligible low-income mobile homeowners as needed to make necessary improvements to their mobile homes. Eligible mobile homeowners may utilize assistance under any of the two primary programs (grants and rebates) with the exception of the Disability Modification Grant (DMG). The DMG will be approved one-time only in combination with any of the programs offered or as a standalone grant. Repeat assistance will be allowed for rebates once every seven years. Grants are available once every ten years. Emergency grants may be utilized as often as needed if the homeowner has already exhausted all other forms of eligible assistance. Participation in the City’s Mobile Home Improvement Programs is also subject to the additional requirements described in Sections IV through VII of this policy.

1. Grant Program
Target Income Group: ≤80% of area median income adjusted for household size
Maximum Amount: $15,000 ($20,000 if roof replacement is necessary) Project Location: Citywide
Security: None
Loan Rate and Term: N/A
Repayment Schedule: N/A
Fees: None
Credit Rating: No requirement
Availability: Once every ten years per household per address Special Requirements: None

2. Lead Hazard Reduction Grant Program
Target Income Group: ≤80% of area median income adjusted for household size
Maximum Amount: $5,000
Project Location: Citywide
Security: None

City of Fountain Valley Home Improvement Program Policy

Loan Rate and Term: N/A
Repayment Schedule: N/A
Fees: None
Credit Rating: No requirement
Availability: Receipt of recurring assistance under this program is subject to participant’s eligibility to receive
assistance under the City of Fountain Valley Home
Improvement Program.

Special Requirements: None

3. Disability Modification Grant Program
Target Income Group: ≤80% of area median income adjusted for household size
Maximum Amount: $5,000
Project Location: Citywide
Security: None
Loan Rate and Term: N/A
Repayment Schedule: N/A
Fees: None
Credit Rating: No requirement
Availability: One time only per household per address
Special Requirements: Funds used to aid residents with ADA-compliant improvements as approved by HCD staff.

4. Emergency Grant Program
Target Income Group: ≤80% of area median income adjusted for household size
Maximum Amount: $4,000
Project Location: Citywide
Security: None
Loan Rate and Term: N/A
Repayment Schedule: N/A
Fees: None
Credit Rating: No requirement
Availability: Unlimited per special requirements
Special Requirements: May only be used to address existing zoning/building code violations and/or conditions
that threaten the health and safety of the unit’s
occupants after homeowner has exhausted all
other available forms of eligible assistance.

5. Rebate Program
Target Income Group: ≤80% of area median income adjusted for household size

City of Fountain Valley Home Improvement Program Policy

Maximum Rebate: $5,000 (calculated at 50% of total project cost) Project Location: Citywide
Security: None
Loan Rate and Term: N/A
Repayment Schedule: N/A
Fees: None
Credit Rating: No requirement
Availability: Once every seven years
Special Requirements: None
C. Home Exterior Grant (Temporary during period of COVID-19 restrictions) Target Income Group: ≤80% of area median income adjusted for household size
Maximum Amount: $10,000
Project Location: Citywide, single-family homes and mobile homes Security: None
Loan Rate and Term: N/A
Repayment Schedule: N/A
Fees: None
Credit Rating: No requirement
Availability: One time only per household per address
Special Requirements: May only be used for exterior repairs such as termite repair, termite treatment and exterior paint.

IV. ELIGIBILITY CRITERIA
A. Homeowner Eligibility Requirements

1. Income
Gross annual household income may not exceed 80% of the Orange County median income adjusted for family size as provided by the U.S. Department of Housing and Urban Development (HUD). All members of the household must be included in the family size and income determination. The household includes all persons occupying a housing unit, which includes related and unrelated people such as lodgers who share the housing unit. Specific maximum household annual income requirements for each program may be found under Section III – Home Improvement Programs of this policy.

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

City of Fountain Valley Home Improvement Program Policy

declined, as this is considered a financial risk.

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

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

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

4. Tenant Income
To calculate the total income for a household income from all sources must be included. If a homeowner rents a room to a tenant, the homeowner must provide a true copy of the rental agreement with the tenant, or the tenant must provide a notarized statement indicating the amount of rent paid on a monthly basis. The tenant must have access to the common areas of the home including the kitchen and laundry facilities to be considered as a tenant of the home.

The monthly rent shall be added to the homeowner’s income for qualifying purposes.

5. Credit Scores
Applicants for a low-interest loan must have minimum credit score rating of fair credit (600 or greater) to qualify for the program. Credit scores must be provided by a report from one of the major reporting agencies, Equifax, Transunion, or Experian. Applicants must have minimum credit score rating of fair credit to qualify for the program.

6. Bankruptcy
Applicants who have had a bankruptcy/bankruptcy discharged within 24 months of applying for the City of Fountain Valley Home Improvement Program will not be eligible for the program. Applicants may reapply 24 months after bankruptcy is discharged. Applicants with extenuating circumstances may appeal these criteria.

City of Fountain Valley Home Improvement Program Policy

A. Property Eligibility Requirements
Following the determination of homeowner’s eligibility pursuant to the requirements of Section IV “A” above, the homeowner must also demonstrate property eligibility.

To be eligible to receive Program assistance, real property will be evaluated and must meet each of the requirements set forth below:

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

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

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

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

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

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

City of Fountain Valley Home Improvement Program Policy

by a licensed appraiser.

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

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

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

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

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

2. Inspection and remediation of any wood destroying and/or dry rot causing pests such as termites and fungi.

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

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

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

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

City of Fountain Valley Home Improvement Program Policy

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

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

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

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

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

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

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

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

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

8. Electrical: Repair and upgrading of electrical system, if required under National Electrical Code, including service panels, wiring, outlets, and switches. Replacement of lighting fixtures and installation of security lighting is eligible subject to a $50.00 per lighting fixture cost allowance.

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

City of Fountain Valley Home Improvement Program Policy

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

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

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

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

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

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

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

15. Kitchen Appliances: Repair or replacement of damaged or inoperable stoves, ovens and dishwashers is permitted subject to the materials and labor cost allowances outlined in Appendix A of this policy.

16. Landscaping: The replacement of dead sod is permitted to the extent necessary to meet minimum municipal code requirements. The planting or replacement of trees, shrubs, ground covers (other than sod), hard landscaping, and planter boxes is not permitted. All sod replacements must include the installation of an automated irrigation system.

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

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

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

20. Pest Control: Eradication of insect infestations and repairs to improvements damaged by insect infestation is permitted. Termite inspections and

City of Fountain Valley Home Improvement Program Policy

abatements must be conducted on all homes that have not been inspected during the most recent two (2) year period.

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

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

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

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

25. Roofing: Complete repair or replacement of deteriorated or damaged roofing is permitted. Materials of the same type and quality as the existing roof must be used (i.e. composition shingle must be replaced by composition shingle) except where 1) different roofing materials are needed to match the type and quality of roofs found on a majority of homes in the immediate neighborhood, or 2) the existing roof is made of wood shake in which case a tile roof may be installed. Roof replacements that require an engineering survey or engineered structural modifications are not permitted.

26. Room Additions: Room additions/expansions are permitted only in households with overcrowded conditions. An overcrowded household is defined as one having more than 2 persons per bedroom.

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

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

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

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

City of Fountain Valley Home Improvement Program Policy

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

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

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

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

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

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

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

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

B. Ineligible Costs.

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

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

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

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

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

City of Fountain Valley Home Improvement Program Policy

5. Compensation/reimbursement for ineligible improvements or any work not included and authorized in the Authorized Bid List or subsequent approved change orders.

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

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

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

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

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

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

City of Fountain Valley Home Improvement Program Policy

APPENDIX A

CITYOF FOUNTAIN VALLEY HOME IMPROVEMENT PROGRAM

MATERIALS AND LABOR COST ALLOWANCES
(As of 9/26/2018)
The following materials and labor cost allowances have been established to ensure that improvements made under the City of Fountain Valley’s Home Improvement Program are efficient, appropriate, and equitable. These allowances may be modified at the discretion of the City’s Planning Director or designated staff, as needed to adjust to changing market conditions.

1. Flooring Materials Program Allowance
a. Carpet $40.00 per sq. yd. including installation
b. Ceramic Tile $8.50 per sq. ft. including installation c. Wood/Wood Laminate $7.50 per sq. ft. including installation d. Vinyl Flooring $40.00 per sq. yd. including installation e. Baseboards $2.50 per foot including installation

2. Appliances Program Allowance
a. Water Heater,40 Gallon $1000.00 installed (9 yr. Warranty) b. Dishwasher $550.00 including installation
c. Cooktop Range $900.00 gas, $750.00 electric installed d. Self-standing Stove w/ Oven $750.00 including installation e. Single Built-in Oven $1200.00 including installation f. Double Built-in Oven $2300.00 including installation g. Garbage Disposal $225.00 including installation
h. Kitchen Exhaust Hood $225.00 including installation

3. Bathroom Fixtures Program Allowance
a. Low Flow Toilet 1.28 gpf or less $375.00 including installation b. Bath/Shower Enclosure, fiberglass $850.00 installed, demo extra c. Shower Stall, no tub $700.00 installed, demo extra
d. Shower Door, pivoting $550.00 including installation e. Sliding Tub/Shower Door $500.00 including installation f. Low flow Bathroom Sink Faucet $175.00 including installation g. Low Flow Tub Faucet $150.00 including installation
h. Low Flow Tub/Shower Faucet $200.00 including installation i. Low Flow Shower Head only $60.00 including installation j. Exhaust Fan with Light $175.00 including installation k. Exhaust Fan without Light $125.00 including installation l. Bathroom Light Fixture $140.00 including installation m. Ceiling Light Fixture $85.00 including installation

City of Fountain Valley Home Improvement Program Policy

4. Doors Program Allowance
a. Double Car Garage $700 double car including installation b. Single Car Garage $500 single car including installation c. Exterior Door $600.00 including installation
d. Solid Core (Steel/Fiberglass) $400.00 including installation e. Hollow Core Interior $175.00 including installation
f. Sliding Closet $250.00 including installation
g. Bi-fold Wardrobe $50 per foot including installation

5. Other Items Program Allowance
a. Doorknobs- Interior $20.00 including installation
b. Front Doorknob Deadbolt Lock $200.00 including installation c. Counter Tops $28.00 sq. ft. including installation
d. Smoke Detectors $30.00 including installation
e. Carbon Monoxide Detector $75.00 including installation

CITY OF FOUNTAIN VALLEY

CITY COUNCIL

COUNCIL ACTION REQUEST
To: Honorable Mayor and Agenda Date: October 1, 2024
Members of the City Council
SUBJECT: Annual Report of the Planning Commission and the Planning Department Activities for FY 2023-24
Three-Year Strategic Goals
☐ Enhance the culture and environment of “A Nice Place to Live” ☐ Attract and retain revenue producing businesses
☐ Achieve fiscal stability in accordance with the 20-Year Financial Plan ☐ Attract and retain quality staff
☒ Not applicable

EXECUTIVE SUMMARY
Government Code Section 65400(b) requires that the Planning Commission provide an Annual Report to the City Council on the status of the Comprehensive General Plan and progress in its implementation. At its meeting of September 11, 2024, the Planning Commission unanimously approved the report and recommended that staff forwarded it to the City Council for its review and filing.

It is recommended that the City Council approve the report and direct staff to submit the report to the Office of Planning Research and the Department of Housing and Community Development.

DISCUSSION
At its meeting of September 11, 2024, the Planning Commission reviewed the Annual Report and by unanimous vote, recommended approval of the report as presented and recommended transmission of the report to the City Council for its review and filing. The Annual Report provides a status of the Community’s General Plan and outlines the activities of the Planning Commission and the Planning Department. Each section identifies the most significant issues and accomplishments addressed by the Planning Commission and the Planning Department for Fiscal Year 2023-24.

State law requires that the City Council approve a report and transmit a copy to the Office of Planning Research and the Department of Housing and Community Development.

Council Action Request
Planning Department Annual Report
October 1, 2024

FINANCIAL REVIEW
There will be no financial impact to the City as a result of the approval of the Annual Report.

ATTORNEY REVIEW
City Attorney review is not required.

ALTERNATIVES
Alternative No. 1: Approve the FY 2023-24 Annual Planning Department Report as recommended by the Planning Commission and direct staff to transmit a copy to the Office of Planning Research and the Department of Housing and Community Development.

Alternative No. 2: Modify the FY 2023-24 Annual Planning Department Report as deemed appropriate.

Alternative No. 3: Continue the item for further consideration.

RECOMMENDATION
Staff recommends the City Council adopt Alternative No.1 to approve the FY 2023-24 Annual Planning Department Report as recommended by the Planning Commission and direct staff to transmit a copy to the Office of Planning Research and the Department of Housing and Community Development.

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

1. Annual Planning Department Report for FY 2023-
24

sible for permit issuance, plan
review, and inspecƟons.

The Code Enforcement Division ensures compliance with
municipal codes, including
property and landscape
maintenance, public nuisances, and business license.

With a variety of programs
related to neighborhood
preservaƟon, The Housing
and Community Development
Division helps maintain and
improve our homes and fund
service programs to foster a
beƩer quality of life for the
ciƟzens of Fountain Valley.

The Community Development
Department provides services
designed to protect the public’s health, safety, and welfare. Comprised of Planning, Economic Development,
Code Enforcement, Housing
and Community Development, and Building and Safety
Services, the department
plans for future changes and
ensures the orderly and safe
development of the City.

The Planning Division coordinates the future growth and development of the City,
seeks to improve the economic well-being and quality
of life for the community,
monitors regional programs,
and ensures compliance with
Federal, State, and local legislaƟon.

Planning also reviews development applicaƟons and provides the City Council and Planning Commission with an
analysis to allow informed
decision making.

The Building and Safety Division ensures that the construcƟon of all buildings and structures are built in compliance with applicable building codes. This division is responDepartment Overview

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Department
Overview
1 Fountain Valley
Officials
2 Dept. Boards &
Commissions
3 Fountain Valley
Today
4 Summary of Land
Use
5 General Plan 6
Amendments and
Zone Changes
7 Summary of
Planning
Activities
8 Development
Highlights
9 Building & Safety
Division
10 Housing
Activities
11 Code
Enforcement
12-
16 Fountain Valley Annual Community
Development Department Report
FISCAL YEAR 2023-2024

PAGE 2
“A Nice
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City of Fountain Valley Officials
City Council
Glenn Grandis Mayor
Ted Bui Vice Mayor
Kim ConstanƟne Council Member
Jim Cunneen Council Member
Patrick Harper Council Member
Planning Commission
Richard Lopez Chair
Assam Saad Vice Chair
MaƩhew Langer Commission Member
Dave Osborn Commission Member
Anh Vu Commission Member
Cheryl Brothers Commission Alternate
City Staff
Maggie Le City Manager
Colin Burns City AƩorney
Omar Dadabhoy Community Development Director/Deputy City Manager Lisa Montano AdministraƟve Assistant
Steven Ayers Principal Planner
MaƩ Jenkins Senior Planner
Ron Vargas Planning and Economic Development Associate
Victor Viramontes Management Analyst
Ashlyn Newman Housing Coordinator
Vacant Housing Technician
Joshua Aronsen Lead Code Enforcement Officer
Alex Ruiz Code Enforcement Officer
Darik DoggeƩ Building Official
Karen Briggs Building Technician
Dora Salud Building Technician
Tom Konrad Building Inspector
Ray Gallardo Building Inspector

FOUNTAIN VALLEY ANNUAL COMMUNITY DEVELOPMENT

PAGE 3
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Department Boards & Commissions
CITY COUNCIL AND SUCCESSOR AGENCY TO THE FOUNTAIN VALLEY AGENCY FOR COMMUNITY DEVELOPMENT First and Third Tuesday of each month at 6:00 p.m.

Council Chambers - Fountain Valley Civic Center

PLANNING COMMISSION
Second Wednesday (and fourth Wednesday as needed) of each month at 6:00 p.m.

Council Chambers - Fountain Valley Civic Center

HOUSING AND COMMUNITY DEVELOPMENT ADVISORY BOARD
First Wednesday of each month at 6:00 p.m.

Council Chambers-Fountain Valley Civic Center

SIGN COMMITTEE
Second and Fourth Wednesday of each month as needed at 5:30 p.m.

Conference Room #1 - Fountain Valley Civic Center

ENVIRONMENTAL AND DEVELOPMENT REVIEW COMMITTEE MEETINGS First and Third Thursday of each month as needed at 3:00 p.m.

Conference Room #1 - Fountain Valley Civic Center
DEVELOPMENT PLAN REVIEW MEETINGS– CROSSINGS SPECIFIC PLAN As needed
Council Chambers-Fountain Valley Civic Center

FOUNTAIN VALLEY ANNUAL COMMUNITY DEVELOPMENT

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Fountain Valley Today
Area in square miles 9.75
Total miles of city street 135.5
Total miles of state highway 2.7
Total developed residenƟal acreage 2,472
Total developed commercial acreage 528
Total developed industrial acreage 787
PopulaƟon 56,333*
Dwelling Units 19,961*
Single Family Housing Units
AƩached 2,076*
Detached 12,976*
MulƟ-Family Housing Units 4,533*
Mobile Homes 376*
Vacancy Rate 2.1%*
Persons per Household 2.86*

FOUNTAIN VALLEY ANNUAL COMMUNITY DEVELOPMENT
Source: *Source: 2024 State of California Department of Finance housing esƟmate

PAGE 5
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Summary of Land Use
Land Use Acreage Percent of City
Agriculture 54 0.93
Commercial and Services 391 6.71
EducaƟon 237 4.07
General Office 96 1.65
Hospital 41 0.70
Industrial 124 2.13
Mixed Commercial and Industrial 135 2.32
Mobile Homes 44 0.76
MulƟ-Family ResidenƟal 165 2.83
Private Open Space 52 0.89
Public FaciliƟes 21 0.36
Public Parkland 681 11.69
Religious FaciliƟes 42 0.72
Right-of-Way 1,225 21.03
Single Family ResidenƟal - AƩached 159 2.73
Single Family ResidenƟal - Detached 2,104 36.13
UƟliƟes 134 2.30
Vacant 16 0.27
Water 104 1.79
Total         5,824     100%

FOUNTAIN VALLEY ANNUAL COMMUNITY DEVELOPMENT
Single family residenƟal combined with mulƟ-family properƟes total 2,428 acres or approximately 41.69% of the overall land use distribuƟon in the City. Commercial and Industrial land uses represent 787 acres or 13.51% of the total land use in the City. Public faciliƟes and schools total 258 acres or 4.43% of the overall land use in the City. Parks and Open Space land uses consist of approximately 803 acres or 13.79% of the total land use in the City. Parks and Open Space include the Southern California Edison Easements, parks, and the limited amount of vacant property in the City.

Source: Placeworks, General Plan Update

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2045 General Plan
Five years ago, the City of Fountain Valley embarked on a new update to the General Plan with an anƟcipated compleƟon date of 2023. On November 21, 2024, the City Council adopted the Fountain Valley 2045 General Plan.

The General Plan presents the City’s land use and planning framework through a set of five elements: land use, mobility, housing, open space and conservaƟon, and public faciliƟes and safety. Together, these elements address all the topics required by state law as well as opƟonal topics considered important by the City and the community. Some topics are addressed enƟrely within a single element while others are touched on in mulƟple elements. The General Plan introduces a greater mix of land uses to reflect new and changing prioriƟes. It encourages sustainability through mixed-use, infill development and greater opportunity and equity. It promotes development in the core area and provides greater diversity of non-residenƟal uses.

InformaƟon on the General Plan Update can be found at hƩps:// www.fountainvalley.org/1282/General-Plan-Update.

FOUNTAIN VALLEY ANNUAL COMMUNITY DEVELOPMENT

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Amendments and Zone Changes
During FY 2023-2024, the City of Fountain Valley’s Planning Commission reviewed five (5) Code Amendments (CA), two (2) General Plan Amendments (GPA), and two (2) Zoning Map Amendments (ZMA).
 On August 3, 2023, the Planning Commission reviewed and recommended approval of CA 23-01 regarding enƟtlement Ɵme limits and extensions. The City Council later approved CA 23-01 on September 19, 2023.
 Also on August 3, 2023, the Planning Commission reviewed and recommended approval of CA 23-02 regarding Accessory Dwelling Unit regulaƟons in compliance with state law. The City Council later approved CA 23-02 on September 19, 2023.  On October 11, 2023, the Planning Commission reviewed and recommended approval of GPA 22-01, ZMA 435, Precise Plan 570, a Density Bonus and Affordable Housing Agreement, and MND for the construcƟon of a 29 low-income senior independent living unit project located at 17103 Magnolia Street. The City Council later approved the project on December 19, 2023.
 On October 25, 2023, the Planning Commission reviewed and recommended approval of the 2045 General Plan Update, General Plan Updte EIR, amendments to the FVMC for the creaƟon of the R5-Very High Density ResidenƟal District and Inclusionary Housing Program, Housing Overlay removal, a ZMA to nine (9) opportunity sites, and a CA to FVMC 21.08 ResidenƟal Zoning Districts. The City Council later approved the Project on November 21. 2023.
 On November 8, 2023, the Planning Commission reviewed and recommended approval of CA 23-03 to allow for an premise freeway oriented sign with a digital display located at 18240 Ward Street. The City Council later approved CA 23-03 on April 16, 2024.
 On February 14, 2024, the Planning Commission reviewed and recommended denial of CA 23-05 to allow detached ADU’s up to 1,200 square feet. The City Council later denied CA 23-05 on April 16, 2024.

FOUNTAIN VALLEY ANNUAL COMMUNITY DEVELOPMENT

PAGE 8
Summary of Planning Activities FY 2023-2024

FOUNTAIN VALLEY ANNUAL COMMUNITY DEVELOPMENT
Planning Commission   Reviewed   Approved   Denied   Withdrawn   Pending   Reviewed by City Council Approved Denied Pending
Code Amendment 5 4 1 - - - - 4 1 - -
CondiƟonal Use Permit 9 8 1 - - - - 1 - - - -
Development Review - - - - - - - - - - - - - - - -
Development Agreement 1 1 - - - - - - 1 - - - -
Environmental Impact
Report/Addendum
1 1 - - - - - - 1 - - - -
EnƟtlement Extension of
Time
- - - - - - - - - - - - - - - -
General Plan Amendment 2 2 - - - - - - 2 - - - -
General Plan Conformance
Finding
- - - - - - - - - - - - - - - -
Mit. NegaƟve DeclaraƟon 1 1 - - - - - - 1 - - - -
Planning Commission
InterpretaƟon
- - - - - - - - - - - - - - - -
Policy Statement - - - - - - - - - - - - - - - -
Precise Plan 4 3 1 - - - - 1 - - - -
TentaƟve Tract Map - - - - - - - - - - - - - - - -
Specific Plan - - - - - - - - - - - - - - - -
Variance 1 1 - - - - - - - - - - - -
Zoning Map Amendment 2 2 - - - - - - 2 - - - -
Area Variance
CommiƩee

Area Variance - - - - - - - - - - - - - - - -
Sign CommiƩee
Sign Permits 2 2 - - - - - - - - - - - -
Subdivision
CommiƩee

Lot Line Adjustment 1 1 - - - - - - - - - - - -
TentaƟve Parcel Map - - - - - - - - - - - - - - - -
Planning Director
ResoluƟon Review 10 10 - - - - - - - - - - - -
Small Format Restaurant 5 5 - - - - - - - - - - - -
Development Plan
Review—Crossings SP
1 1 - - - - - - - - - - - -

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Development Highlights

RESIDENTIAL DEVELOPMENT
During fiscal year 2023-2024, the Planning Commission approved a 29 low-income senior independent living unit development for Our Lady of Guadalupe in a new 18,039 square foot two-story building on a vacant porƟon of a 2.1 acre site currently occupied by Our Lady of Guadalupe located at 17103 Magnolia Street. There were also 77 Accessory Dwelling Units constructed and finaled in FY 2023-2024. Lastly, residenƟal development included the construcƟon and inspecƟon of seven (7) single-family homes at the Villa Asteria development at 9801 Starfish Avenue.

COMMERCIAL DEVELOPMENT
On October 11, 2023, the Planning Commission approved Precise Plan 575 for a 1,482 square foot addiƟon to the exisƟng Parish Hall building of the Holy Spirit Catholic Church located at 17270 Ward Street. On February 14, 2024, the Planning Commission approved a project to demolish two (2) exisƟng buildings and to construct one (1) new 2-story 19,000 square foot mulƟ-purpose building located at 16835 Brookhurst Street. On March 13, the Planning Commission denied a request to construct at new 4,000 square foot building with a double drive-through for a new McDonald’s restaurant located at the northeast corner of Magnolia Street and Talbert Avenue in the Village Center shopping center. This request was later appealed and approved by the City Council on May 7, 2024.

Lastly, during the 2023-2024 fiscal year, Planning Commission approved eight (8) CondiƟonal Use Permits establishing various commercial businesses including restaurants throughout Fountain Valley.

INDUSTRIAL DEVELOPMENT
Although there was not industrial development approved during FY 2023-2024, construcƟon, with ongoing inspecƟons, conƟnued for the 109,914 square foot Headquarters building for the Orange County SanitaƟon District located on a 5.2 acre property located north of Ellis Avenue, east of Bandilier Circle, and west of Pacific Street.

FOUNTAIN VALLEY ANNUAL COMMUNITY DEVELOPMENT

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Building & Safety Division
During the 2023-2024 Fiscal year, the Building and Safety Division provided comprehensive building services for the City. The division, which provides all building plan check and inspecƟon services, is comprised of one full-Ɵme Building Official, two full-Ɵme CombinaƟon Inspectors, and two full-Ɵme Permit Technicians.

The following is a summary of acƟvity from the Building Division for FY 2023-2024 (July 1, 2023 through June 30, 2024).

FOUNTAIN VALLEY ANNUAL COMMUNITY DEVELOPMENT
Total Number of Permits Issued 1,980
Number of Plan Checks 1,614
Building Permit ValuaƟons $81,012,103
Number of InspecƟons 7,271
Number of Customers Assisted at Counter 2,963

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Housing Activities
During FY 2023-2024, the Housing and Community Development (HCD) Division assisted a total of 4 households through the Single Family and Mobile Home Improvement Programs. This included four (4) grants, two (2) lead based paint grants, and one (1) loan.

AddiƟonally, the HCD Division provided grants to five (5) Public Service Agencies which, in turn, assisted 690 eligible persons. The HCD Division assisted 48 customers at the
counter during FY 2023-2024.

The HCD Division provided Community Development Block
Grant (CDBG) Program
funds to the City’s Code
Enforcement Program
through which code violaƟons on 123 properƟes located
in the City’s low-income areas were idenƟfied and abated. AdministraƟvely, the HCD Division prepared and submiƩed the City’s FY 2022-2023 Consolidated Annual Performance and EvaluaƟon Report (CAPER).

The City of Fountain Valley began implemenƟng a Foreclosure Property RegistraƟon Program effecƟve January 1, 2012. The program requires all properƟes in any stage of foreclosure from noƟce of default to bank-owned register the property with the city. The registraƟon fee is $100 and includes idenƟfying a local property management company to address any maintenance issues that may arise on the property. Since the beginning of the program, the city has registered approximately 642 properƟes and re-registered an addiƟonal 186 properƟes and has collected a total of $104,525 in registraƟon fees. An addiƟonal $13,600 has been collected in fines for a total of $98,125. Currently, there are approximately 14 homes in foreclosure in the City of Fountain Valley.

California’s Housing Element law requires that each city develop local housing programs designed to meet its “fair share” of exisƟng and future housing needs for all income groups. A local jurisdicƟons ‘fair share’ of regional housing need is the number of addiƟonal dwelling units that will need to be constructed during a given seven-year planning period. The adopted 2021-2029 Regional Housing Needs AllocaƟon, RHNA, fair share housing needs for the City of Fountain Valley are shown below.

FOUNTAIN VALLEY ANNUAL COMMUNITY DEVELOPMENT
6th Cycle RHNA Final AllocaƟon Plan 10/15/2021-10/15/2029 Income Category Housing Unit ConstrucƟon
Need by Income Group
2021-2029
Percent of Need
by Income Group
Constructed
10/15/21-
10/15/29
Housing Units
remaining by
Income Group
Extremely Low and Very
Low (0-50% of County Median Income
1,307 27% 81 1,226
Low (50-80% of County
Median Income)
786 16.2% 58 728
Moderate (80-120% of
Median Income)
834 17.2% 22 812
Above Moderate (over
120% of Median Income)
1,912 39.6% 103 1,809
Total 4,839 100% 264 4,575

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Code Enforcement
Fountain Valley Code Enforcement
Officers responded to 1,141 code
violaƟons in FY 2023-2024. The number of complied cases totaled 1,043 for a compliance rate of 91.4%. This
lower compliance rate is primarily
due to lengthy short-term rental
enforcement and cases opened late
in the fiscal year. In addiƟon to field
inspecƟons, Code Enforcement assisted 163 customers at the counter during FY 2022-2023.

In FY 2023-2024, the Code Enforcement Department was restructured to add another Code Enforcement Officer and reclassify the other to a Lead Code Enforcement Officer. The Code Enforcement Department conƟnued to administer the AdministraƟve CitaƟon Program to help obtain compliance with violaƟons of the Fountain Valley Municipal Code. This program allows staff to issue administraƟve fines for violaƟons that, in the past, had to be handled through criminal prosecuƟon. The fines escalate if the
responsible parƟes ignore or choose
not to comply with city requirements. Staff issues citaƟons to both residents and business owners in
the city for violaƟons such as: prohibited signs, land use violaƟons, building without permits, overgrown
vegetaƟon and failure to register
foreclosure properƟes.

This year the Code Enforcement
Department was busy enforcing a
recent ban on short term rentals
approved by the City Council on October 18, 2022. Since incepƟon, Code Enforcement sent out leƩers to property owners of 268 STR’s noƟfying property owners that they must stop renƟng their homes in Fountain Valley as short term rentals and remove their lisƟngs from the short term rental sites. At the end of the FY 2023-2024 there were 2 remaining short term rentals in the city.

Code Enforcement was also a part of a vendor task force with the Police Department and Public Works to stop illegal vendors. In FY 2023-2024 there were 10 operaƟons and 18 vendors were shut down with food and equipment confiscated.

On the next page is a Code Enforcement Annual Report that summarizes Code Enforcement acƟviƟes for FY 2023-2024.

FOUNTAIN VALLEY ANNUAL COMMUNITY DEVELOPMENT

PAGE 13
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Code Enforcement Annual Report 2023-2024

FOUNTAIN VALLEY ANNUAL COMMUNITY DEVELOPMENT

RESIDENTIAL CASES

NATURE OF COMPLAINT TOTAL CASES COMPLIED CASES
ADMINISTRATIVE CITATION 15 10
ANIMAL KEEPING VIOLATION 1 1
ATTRACTIVE NUISANCE 10 10
BUILDING CODE VIOLATION 0 0
BUILDING PERMIT REQUIRED 236 200
BUSINESS LICENSE 20 19
COMMERCIAL DELIVERY 0 0
DEVELOPMENT STANDARDS VIOLATION 41 28
ENCROACHMENT 36 36
FORECLOSURE PROPERTY INSPECTION 0 0
GRAFFITTI 19 17
HOME OCCUPATION VIOLATION 21 20
IMPROPER OCCUPANCY 5 4
INOPERABLE VEHICLE 54 54
LAND USE VIOLATION 6 4
LANDSCAPE MAINTENANCE 6 6
LAWN PARKING 18 17
NOISE VIOLATION 16 16
OUTDOOR STORAGE 0 0
OVERGROWN VEGETATION 170 167
PROHIBITED SIGNS 20 9
PUBLIC NUISANCE 76 75
REFERRED TO OTHER CITY DEPARTMENT 0 0
RESIDENTIAL LANDSCAPE REQUIREMENT 4 4
SETBACK VIOLATION 0 0
WATER CONSERVATION 2 2
RESIDENTIAL CASES SUBTOTAL 776 699

PAGE 14
“A Nice
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Code Enforcement Annual Report 2023-2024

FOUNTAIN VALLEY ANNUAL COMMUNITY DEVELOPMENT
RESIDENTIAL CASES - ConƟnued

NATURE OF COMPLAINT TOTAL CASES COMPLIED CASES
SHOPPING CART 0 0
TRASH AND DEBRIS 134 128
TRASH CANS IN PUBLIC VIEW 75 74
VEGETATION OVERGROWTH 27 27
VEHICLE ADVERTISING 0 0
RESIDENTIAL CASES SUBTOTAL 253 244
TOTAL RESIDENTIAL  CASES 1,029 943
SHORT TERM RENTAL 17 15

PAGE 15
“A Nice
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Code Enforcement Annual Report 2023-2024

FOUNTAIN VALLEY ANNUAL COMMUNITY DEVELOPMENT

COMMERCIAL CASES

NATURE OF COMPLAINT TOTAL CASES COMPLIED CASES
ATTRACTIVE NUISANCE 0 0
BANNER PERMIT REQUIRED 1 1
BUILDING PERMIT REQUIRED 5 5
BUSINESS LICENSE REQUIRED 3 2
COMMERCIAL DELIVERY 2 2
COMMERCIAL LIGHTING 1 1
DEVELOPMENT STANDARDS VIOLATION 12 9
ENCROACHMENT 0 0
INOPERABLE VEHICLE 0 0
LAND USE VIOLATION 0 0
LANDSCAPE MAINTENANCE 0 0
OUTDOOR DISPLAY 2 0
OUTDOOR STORAGE 0 0
OVERGROWN VEGETATION - VACANT PROPERTIES 0 0
PROHIBITED SIGNS 13 13
SHOPPING CART 0 0
SIGN VIOLATION 10 10
TEMPORARY USE PERMIT REQUIRED 1 1
TRASH AND DEBRIS 0 0
VEGETATION OVERGROWTH 0 0
VEHICLE ADVERTISING 0 0
TOTAL COMMERCIAL CASES 94 82
GRAFFITTI 12 10
NOISE VIOLATION 0 0
FIRE CODE 0 0
IMPROPER OCCUPANCY 2 2
ADMINISTRATIVE CITATIONS 12 8
STREET VENDORS 18 18

PAGE 16
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Code Enforcement Annual Report 2023-2024

FOUNTAIN VALLEY ANNUAL COMMUNITY DEVELOPMENT

MANUFACTURING CASES

NATURE OF COMPLAINT TOTAL CASES COMPLIED CASES
BANNER PERMIT REQUIRED 1 1
BUILDING PERMIT REQUIRED 3 3
DEVELOPMENT STANDARDS 1 1
LAND USE VIOLATION 1 1
OVERGROWN VEGETATION 0 0
PROHIBITED SIGN 9 9
PUBLIC NUISANCE 0 0
REFERRED TO OTHER CITY DEPARTMENT 0 0
SIGN VIOLATION 0 0
TRASH AND DEBRIS 0 0
TOTAL MANUFACTURING CASES 18 18
GRAFFITTI 1 1
OUTDOOR DISPLAY 0 0
VEHICLE ADVERTISING 0 0
LANDSCAPE STANDARDS 0 0
IMPROPER OCCUPANCY 2 2

TOTALS AND OTHER DATA
TOTAL CASES HANDLED 1,141
TOTAL CASES COMPLIED 1,043
VOLUNTARY COMPLIANCE RATE 91.4%
TEMPORARY SIGNS/BANNER PERMITS ISSUED 22
TEMPORARY USE PERMITS 26
COUNTER ASSISTANCE - PLANNING 406
COUNTER ASSISTANCE - CODE ENFORCEMENT 43
COUNTER ASSISTANCE - HOUSING 48

55735.00003\42654961.2
1 CITY OF FOUNTAIN VALLEY

CITY COUNCIL

COUNCIL ACTION REQUEST
To: Honorable Mayor and Agenda Date: October 1, 2024
Members of the City Council
SUBJECT: Introduction of an Ordinance and Adoption of Resolution Authorizing Implementation of a Community Choice Aggregation Program and Membership in Orange County Power Authority
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 September 3, 2024, the City Council directed staff to proceed with the next steps to become an Orange County Power Authority (OCPA) member agency. This agenda item presents the next step items for City Council approval, which includes introduction of an ordinance to implement OCPA’s Community Choice Aggregation (CCA) program within the City’s boundaries, adoption of a resolution expressing the intent to join OCPA, and approval of the OCPA Joint Powers Agreement. Approval of the proposed ordinance and resolution enables the City to pursue a program launch of the OCPA CCA in October 2026.

The intent of becoming an OCPA member agency is to give the Fountain Valley community options for purchasing sustainable energy, accommodate potential rate savings, and allow for an alternative to Southern California Edison (SCE). OCPA offers three different clean energy plans in 2024; 100% Renewable Choice Plan, Smart Choice Plan (72% renewable energy), and Basic Choice Plan (44% renewable energy). OCPA’s current Basic Choice Plan offers a 3% cost discount to the customer, as compared to SCE’s equivalent generation rate.

55735.00003\42654961.2
2 DISCUSSION:

On January 30, 2024, City staff and the OCPA team provided a presentation to City Council. City Council directed staff to further explore membership with OCPA and sign a non-disclosure agreement with SCE to enable OCPA to obtain the City’s customer load data for a feasibility study.

OCPA engaged Pacific Energy Advisors (PEA) to perform an independent feasibility study (Study) to evaluate the financial implications of the City joining OCPA. The study results were presented to the OCPA Board of Directors on July 30, 2024 and to City Council on September 3, 2024. Based on the Study’s assumptions, the outlook for the City joining OCPA is currently positive with a prospective launch in October 2026 that would result in a net positive result to OCPA. It also assumes that approximately 18,500 new customer accounts in the City would be serviced by OCPA. It is assumed that 90% of the enrolled customer accounts will opt for the OCPA Basic Choice rate plan, which offers 44% renewable energy content at a 3% discount compared to the equivalent SCE generation rates. The remaining 10% are expected to enroll in the OCPA 100% Renewable Choice rate plan, which is based on the OCPA Basic Choice rate plan plus 1.5 cents per kWh for the additional renewable energy costs.

On September 3, 2024, the City Council directed staff to proceed with the following steps to become an OCPA member agency with a prospective launch in 2026:
 Authorize OCPA staff to organize and host outreach events to answer questions and provide information to the Fountain Valley community prior to the City Council meeting on October 1, 2024
 Present an ordinance to City Council for adoption at the October 1, 2024 meeting to implement OCPA’s CCA program within the City’s boundaries; and
 Present a resolution to City Council for adoption at a City Council meeting to express City’s intent to join OCPA and approve the OCPA Joint Powers Agreement.

The City must adopt an ordinance implementing the CCA’s program within the City’s boundaries for OCPA to provide retail electricity to City residents and businesses through a CCA program. The proposed ordinance will implement the CCA program citywide and authorize OCPA to administer the program. A second reading and adoption of the ordinance is anticipated to be brought to the November 5, 2024 City Council meeting.

The City must also adopt a resolution expressing intent to join OCPA and approve the OCPA Joint Powers Agreement. The proposed resolution requests participation in and an intent to join OCPA. In addition, the resolution directs the City Manager to execute the Joint Powers Agreement and authorizes the City Manager to take all other actions necessary to effectuate the City’s membership in OCPA.

At the November 25, 2024 meeting, the OCPA Board will consider adopting a resolution approving the City’s membership in OCPA. The City’s membership approval is subject to a two-thirds supermajority vote by the OCPA Board after 30 days written notice to all OCPA members. At that time, it is anticipated that the OCPA Board

55735.00003\42654961.2
3 will consider an Amended Implementation Plan for adoption at a public hearing. To allow for a City launch in OCPA’s CCA program in 2026, the Amended Implementation Plan is required by the Public Utilities Code to be submitted to the California Public Utilities Commission for certification no later than December 31, 2024.

FISCAL REVIEW:

There is no fiscal impact associated with the introduction of the ordinance and adoption of the resolution.

PUBLIC NOTIFICATION:

Not applicable.

ENVIRONMENTAL IMPACT REVIEW:

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

ATTORNEY REVIEW:

Attorney for the City has reviewed this item.

ALTERNATIVES:

Alternative No. 1: Introduce the attached ordinance implementing OCPA’s CCA program within the City’s boundaries. Adopt the attached resolution expressing City’s intent to join OCPA, directing the City Manager to execute the OCPA Joint Powers Agreement, and authorizing the City Manager to take all actions necessary to effectuate the City’s membership in OCPA.

Alternative No. 2: Do not introduce the attached ordinance or adopt the attached resolution.

RECOMMENDATION:

Based on the direction of City Council, Staff is requesting approval of Alternative No. 1 introducing the attached ordinance implementing OCPA’s CCA program within the City’s boundaries and adopting the attached resolution expressing City’s intent to join OCPA, directing the City Manager to execute the OCPA Joint Powers Agreement, and authorizing the City Manager to take all actions necessary to effectuate the City membership in OCPA.

Prepared by: Scott Smith, P.E., Director of Public Works Fiscal review by: Ryan Smith, Finance Director / City Treasurer Approved by: Maggie Le, City Manager

55735.00003\42654961.2
4 Attachments:

1. Ordinance No. XXXX amending the Fountain Valley Municipal Code to authorize participation in the Community Choice Aggregation program implemented and operated by the Orange County Power Authority.

2. Resolution No. XXXX expressing intention to join the Orange County Power Authority and authorizing the execution of the Orange County Power Authority Joint Powers Agreement.

3. Signature Page, Orange County Joint Powers Agreement.

4. Orange County Joint Powers Agreement, dated November 20, 2020, as amended.

55735.00001\42458804.3

ORDINANCE NO. _________

AN ORDINANCE OF THE CITY FOUNTAIN VALLEY AMENDING THE FOUNTAIN

VALLEY MUNICIPAL CODE TO AUTHORIZE PARTICIPATION IN THE

COMMUNITY CHOICE AGGREGATION PROGRAM IMPLEMENTED AND

OPERATED BY THE ORANGE COUNTY POWER AUTHORITY
WHEREAS, the California Public Utilities Code under Chapter 2.3 of Division 1, Part 1 allows electric utility customers to aggregate their electric loads as members of their local community with community choice aggregators, where a community choice aggregator may be any city, county, or group of cities or counties who have elected to combine the loads of their programs through the formation of a joint powers agency established under Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the California Government Code; and
WHEREAS, the City of Fountain Valley has been investigating options to provide electric services to constituents within its service areas with the intent of achieving greater local involvement over the provisions of electric services, competitive electric rates, the development of clean, local renewable energy projects, reduced greenhouse gas emissions, and the wider implementation of energy conservation and efficiency projects and programs through a community choice aggregation (CCA) program; and
WHEREAS, the City Council of the City of Fountain Valley desires to join the Orange County Power Authority (OCPA), a joint powers authority with members consisting of the Cities of Buena Park, Fullerton, and Irvine, to act as a regional agency to promote the reduction of greenhouse gas emissions, provide electric power and other forms of energy to customers at a competitive cost, carry out programs for ratepayers of all income levels to reduce energy consumption, stimulate and sustain the local economy by developing local jobs in renewable and conventional energy, and promote long-term electric rate stability, energy security and reliability for residents through local control of electric generation resources; and WHEREAS, the OCPA is authorized by this ordinance to implement and operate a CCA program within the City of Fountain Valley jurisdictional boundaries; and WHEREAS, OCPA has established key CCA program goals of maximizing the use of local renewable resources while also providing competitive rates to customers. These goals are aimed at supporting local economic development as well as reducing the environmental impacts resulting from the use of electricity in a technically and economically feasible manner; and WHEREAS, to analyze the feasibility of operating a CCA program that achieves these goals within the City of Fountain Valley, OCPA has procured independent technical support services to conduct the appropriate development and operational studies, including technical, financial and risk analyses, and has found that the City of Fountain Valley’s membership in OCPA would result in net positive benefits; and

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WHEREAS, participation in a CCA program implemented and operated by OCPA, rather than independently electing to become a community choice aggregator, will reduce the City’s financial exposure from community choice aggregation, if any, because OCPA’s joint power authority structure immunizes its member agencies from its debts, liabilities and obligations, and therefore the debts, liabilities and obligations of a CCA program, and allow greater economies of scale in procuring electricity and renewable energy; and WHEREAS, electric customers have the right to opt out of the CCA program and continue to receive service from the existing utility under Public Utilities Code section 366.2; and
WHEREAS, under the OCPA CCA program structure, the City will have CCA program voting privileges on the OCPA Board of Directors as set out in the Orange County Power Authority Joint Powers Agreement, dated November 20, 2020, as amended.

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

Section 1. Authorization to Implement a Community Choice Aggregation Program. Based upon the foregoing recitals, and in order to provide businesses and residents within the City with a choice of retail electricity providers, the City Council of City of Fountain Valley hereby elects to implement a community choice aggregation program within the City’s jurisdiction by and through the Orange County Power Authority.

Section 2. Severability. If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance. The City Council of the City of Fountain Valley hereby declares that it would have passed this ordinance and every section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared unconstitutional or invalid.

Section 3. Effective Date. This ordinance shall take effect thirty (30) days after its passage.

PASSED, APPROVED, AND ADOPTED this ___ day of _______, 2024.

AYES:

NOES:

ABSENT:
______________________________________
Glenn Grandis, Mayor
ATTEST:
__________________________
Rick Miller, City Clerk

APPROVED AS TO FORM

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HARPER & BURNS LLP
___________________________
Attorneys for the City
City of Fountain Valley

55735.00001\42458815.3
RESOLUTION NO. _______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOUNTAIN VALLEY,

CALIFORNIA EXPRESSING INTENTION TO JOIN THE ORANGE COUNTY

POWER AUTHORITY AND AUTHORIZING THE EXECUTION OF THE ORANGE

COUNTY POWER AUTHORITY JOINT POWERS AGREEMENT
WHEREAS, the City of Fountain Valley has been actively investigating options to provide electric services to constituents within its jurisdiction with the intent of providing rate savings and consumer choice, encouraging adoption of renewable energy, reducing energy consumption, fostering local control, and providing Fountain Valley residents and businesses with alternatives to Southern California Edison Company (“SCE”); and WHEREAS, on September 24, 2002, the Governor signed into law Assembly Bill 117 (Migden, 2002; codified at California Public Utilities Code § 366.2; hereinafter referred to as the "Act"), which authorizes any California city or county, whose governing body so elects, or cities or counties through a joint powers authority, to combine the electricity load of its residents and businesses in a community-wide electricity aggregation program known as Community Choice Aggregation (CCA); and WHEREAS, on November 20, 2020, the Orange County Power Authority (“OCPA”) was established as a joint powers authority pursuant to that certain document entitled Orange County Power Authority Joint Powers Agreement, as its been amended (“Joint Powers Agreement”); and
WHEREAS, the City of Fountain Valley is committed to the purposes of OCPA and desires to join the OCPA to act as a regional agency to promote the reduction of greenhouse gas emissions, provide electric power and other forms of energy to customers at a competitive cost, carry out programs for ratepayers of all income levels to reduce energy consumption, stimulate and sustain the local economy by developing local jobs in renewable and conventional energy, and promote long-term electric rate stability, energy security and reliability for residents through local control of electric generation resources; and
WHEREAS, electricity in Fountain Valley is currently generated and provided by SCE and there is not presently an alternative provider in the City; and WHEREAS, the City finds it important that its customers – residents, businesses, and public facilities – have alternative choices to energy procurement beyond SCE; and WHEREAS, in order to become a member of OCPA, Public Utilities Code section 366.2 requires the City to adopt an ordinance implementing a CCA program, which ordinance process is occurring concurrent with the adoption of this Resolution; and

WHEREAS, the Joint Powers Agreement requires the City Council adopt a resolution approving the Joint Powers Agreement and requesting participation in and an intent to join OCPA.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FOUNTAIN VALLEY, AS FOLLOWS:

Section 1. Membership in OCPA. Based upon the foregoing recitals, the City Council of the City of Fountain Valley requests participation in and an intent to join OCPA, elects to implement a Community Choice Aggregation program within the City’s jurisdiction by and through its participation in OCPA, and hereby approves the Joint Powers Agreement. The City Manager is directed to execute the Joint Powers Agreement, and is authorized to take any and all other actions to effectuate the City’s membership in OCPA.

Section 2. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Resolution for any reason is held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Resolution. The City Council hereby declares that it would have adopted this Resolution, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.

Section 3. Effective Date. This Resolution is effective immediately upon adoption by the City Council of the City of Fountain Valley.

The foregoing Resolution was introduced at a meeting of the City Council of the City of Fountain Valley held on October 1, 2024, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

PASSED, APPROVED AND ADOPTED by the City Council of the City of Fountain Valley on this _____day of _____, 2024
ATTEST: CITY OF FOUNTAIN VALLEY
___________________________ ___________________________ Rick Miller, City Clerk Glenn Grandis, Mayor
APPROVED AS TO FORM:

HARPER & BURNS LLP
___________________________
Attorneys for the City
City of Fountain Valley

55735.00001\42538182.1
Signature Page of the City of Fountain Valley Agreeing To Become a Party to the Orange County Power Authority Joint Powers Agreement
Pursuant to Fountain Valley City Council Resolution No. ___________, the City of Fountain Valley hereby agrees to become a Party to the Orange County Power Authority Joint Powers Agreement (“Agreement”) dated November 20, 2020, as amended on February 9, 2021, October 25, 2022, and May 17, 2023 pursuant to Section 4.1 of the Agreement.

CITY OF FOUNTAIN VALLEY
By: ______________________________
Name: ______________________________
Title: ______________________________
Date: __________
ATTEST:

By: ______________________________
Name: ______________________________
Title: ______________________________
APPROVED AS TO FORM:

By:

Name: Colin Burns
Title: Attorney for the City
Note: The addition of the above-named entity as a Party to the Orange County Power Authority Joint Powers Agreement is subject to satisfaction of the conditions set forth in Section 4.1 of the Agreement and such other reasonable conditions as may be established by the Orange County Power Authority Board of Directors or applicable laws or regulations.

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1 ORANGE COUNTY POWER AUTHORITY

JOINT POWERS AGREEMENT
This Joint Powers Agreement (“Agreement”), effective as of the date specified in Section

1.2, below, which is November 20, 2020 (“Effective Date”) is made and entered into pursuant to the Joint Exercise of Powers Act (California Government Code § 6500 et seq.) relating to the joint exercise of powers among the parties set forth in Exhibit A. All parties that execute this Agreement prior to December 31, 2020 shall be designated individually as “Founding Party” and collectively as “Founding Parties”. All cities, counties, or other public agencies added as parties to this agreement after December 31, 2020 shall be designated individually as “Additional Party” and collectively “Additional Parties”. The term “Party” refers individually to any Founding Party or Additional Party, and the term “Parties” refers collectively to the Founding Parties and the Additional Parties.

RECITALS
A. In 2002, Assembly Bill 117 (Stat. 2002, Ch. 838, codified at Public Utilities Code Sections 218.3, 366, 394, 394.25, 331.1 366.2, and 381.1) was signed into law allowing customers to aggregate their electrical loads as members of their local community with public agencies designated as community choice aggregators, and allowing such public agencies to aggregate the electrical load of interested consumers within their jurisdictional boundaries and purchase electricity on behalf of those consumers.

B. In 2006, Assembly Bill 32 (Stat. 2006, Ch. 488, codified at Health and Safety Code Sections 38500 et seq.), known as the Global Warming Solutions Act, was signed into law, mandating a reduction in greenhouse gas emissions to 1990 levels by 2020.

C. In 2015, Senate Bill 350 (Stat. 2015, Ch. 547, codified at Health and Safety Code Section 44258.5; Labor Code Section 1720; Public Resources Code Sections 25302.2, 25310, 25327 and 25943; and Public Utilities Code Sections 237.5, 337, 352, 359, 365.2, 366.3, 399.4, 399.11, 399.12, 399.13, 399.15, 399.16, 399.18, 399.21, 399.30, 454.51, 454.52, 454.55, 454.56, 701.1, 740.8, 740.12, 9505, 9620, 9621, 9622, and Article 17 (commencing with Public Utilities Code Section 400)) was signed into law, mandating a reduction in greenhouse gas emissions to 40 percent below 1990 levels by 2030 and to 80 percent below 1990 levels by 2050.

D. In 2018, Senate Bill 10 (Stat.f 2018, Ch. 312, codified at Public Utilities Code sections 399.11, 399.15, 399.30, and 454.53) was signed into law, directing that the Renewables Portfolio Standard to be increased to 60 percent renewables by 2030 and establishing a policy for eligible renewable energy resources and zero-carbon resources to supply 100 percent of electricity retail sales to California end-use customers by 2045.

E. The Parties each hold various powers under California law, including, but not limited to, the power to purchase, supply, and aggregate electricity for themselves and customers within their jurisdictions in accordance with Public Utilities Code Sections 333.1 and 366.2; they are therefore properly empowered to enter into this Agreement under the Joint Exercise of Powers Act (Government Code Section 6500 et seq., the “Act”).

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2 F. The purposes for entering into this Agreement are more fully specified in subsection 1.4 below, but principally consist of the study, promotion, development, funding, financing, purchasing, conduct, operation, and management of energy, energy efficiency and conservation, and other energy-related and community choice aggregation programs (the “CCA Program”), through which the following objectives may be advanced: (a) reducing greenhouse gas emissions related to the use of power throughout the Parties’ jurisdictions and neighboring regions; (b) providing electric power and other forms of energy to customers at a competitive cost; (c) carrying out programs for ratepayers of all income levels to reduce energy consumption; (d) stimulating and sustaining the local economy by developing local jobs in renewable and conventional energy; and (e) promoting long-term electric rate stability, energy security and reliability for residents through local control of electric generation resources.

G. The Founding Parties desire to establish a separate public agency, known as the Orange County Power Authority (“Authority”), under the Act and consistent with Assembly Bill 117, in order to collectively implement the CCA Program, and to exercise any powers common to the Authority’s members to further these purposes.

H. The Parties have each adopted an ordinance electing to participate as a group in a community choice aggregation program through the Authority, as authorized by California Public Utilities Code § 366.2(a)(12)(B).

AGREEMENT
NOW, THEREFORE, in consideration of the mutual promises, covenants, and conditions hereinafter set forth, it is agreed by and among the Parties as follows:

SECTION 1. FORMATION OF AUTHORITY

1.1 Creation of Agency. Pursuant to the Act there is hereby created a public entity to be known as The Orange County Power Authority. Pursuant to Section 6507 of the Act, the Authority is a public agency separate from the Parties. The jurisdiction of the Authority shall be all territory within the geographic boundaries of the Parties; however, the Authority may, as authorized under applicable law, undertake any action outside such geographic boundaries as is necessary to accomplish its purpose.

1.2 Effective Date and Term. This Agreement shall become effective and the Authority shall exist as a separate public agency on the date this Agreement is executed by at least two Parties. The Authority shall continue to exist, and this Agreement shall be effective, until this Agreement is terminated in accordance with this Agreement, subject to the rights of a Party to withdraw from the Authority.

1.3 Parties. The names, particular capacities, and addresses of the Parties are shown on Exhibit A, as it may be amended from time to time.

1.4 Purpose. The purpose of this Agreement is to establish an independent public agency in order to exercise powers common to each Party to implement the CCA Program, and to

55695.00001\33485367.1
3 exercise all other powers necessary and incidental to accomplishing this purpose. This Agreement authorizes the Authority to provide opportunities by which the Parties can work cooperatively to create economies of scale and implement sustainable energy initiatives that reduce energy demand, increase energy efficiency, provide consumer choice and cost savings, and advance the use of clean, efficient, and renewable resources in the region for the benefit of all the Parties and their constituents, including, but not limited to, establishing and operating a CCA Program (collectively, the “Purpose”). The Parties intend for this Agreement to be used as a contractual mechanism by which they are authorized to participate in the CCA Program and achieve the Purpose. The Parties intend that other agreements shall define the terms and conditions associated with the implementation of the CCA Program and any energy programs approved by the Authority.

SECTION 2. POWERS OF AUTHORITY

2.1 Powers. The Authority shall have all powers common to the Parties and such additional powers accorded to it by law. The Authority is authorized, in its own name, to exercise all powers and do all acts necessary and proper to carry out the provisions of this Agreement and fulfill its Purpose, including, but not limited to, each of the following powers:

2.1.1 Serve as a forum for the consideration, study, and recommendation of energy services for the CCA Program;

2.1.2 To make and enter into any and all contracts to effectuate the purpose of this Agreement, including, but not limited to, those relating to the purchase or sale of electrical energy or attributes thereof, and related service agreements;

2.1.3 To employ agents and employees, including, but not limited to, engineers, attorneys, planners, financial consultants, and separate and apart therefrom to employ such other persons, as it deems necessary;

2.1.4 To acquire, contract, manage, maintain, and operate any buildings, works, or improvements, including, but not limited to, electric generation resources;

2.1.5 To acquire property by eminent domain, or otherwise, except as limited by Section 6508 of the Act, and to hold or dispose of property;

2.1.6 To lease or license any property;

2.1.7 To sue and be sued in its own name;

2.1.8 To incur debts, liabilities, and obligations, including, but not limited to, loans from private lending sources pursuant to its temporary borrowing powers, such as California Government Code § 53850 et seq. and authority under the Act;

2.1.9 To form subsidiary or independent corporations or entities, if appropriate, to carry out energy supply and energy conservation programs, or to take advantage of legislative or regulatory changes;

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4 2.1.10 To issue revenue bonds and other forms of indebtedness;

2.1.11 To apply for, accept, and receive all licenses, permits, grants, loans, or other assistance from any federal, state, or local agency;

2.1.12 To submit documentation and notices, register, and comply with orders, tariffs, and agreements for the establishment and implementation of the CCA Program and other energy and climate change programs;

2.1.13 To adopt rules, regulations, policies, bylaws, and procedures governing the operation of the Authority;

2.1.14 To receive loans, gifts, contributions, and donations of property, funds, services, and other forms of financial assistance from persons, firms, corporations, and any governmental entity;

2.1.15 To make and enter into service agreements relating to the provision of services necessary to plan, implement, operate and administer the CCA Program and other energy programs, including the acquisition of electric power supply and the provision of retail and regulatory support services;

2.1.16 To receive revenues from sale of electricity and other energy-related programs;

2.1.17 To partner or otherwise work cooperatively with other CCAs on the acquisition of electric resources, joint programs, advocacy and other efforts in the interests of the Authority; and

2.1.18 To the extent not specifically provided in this Agreement, to exercise any powers authorized by the member agencies to achieve the Authority’s objectives and such further powers not specifically mentioned herein, but common to Parties, and authorized by the California Government Code.

2.2 Additional Powers to be Exercised. In addition to those powers common to each of the Parties, the Authority shall have those powers that may be conferred upon it by law and by subsequently enacted legislation.

2.3 Manner of Exercising Powers. The powers specified in subsections 2.1 and 2.2 shall be exercised by the Board (as defined in subsection 3.1, below), unless otherwise delegated to a committee of the Board or the Chief Executive Officer of the Authority in accordance with a Board adopted policy or action. All such powers shall be exercised in the manner set forth in this Agreement.

2.4 Limitation on Exercise of Powers: The powers of the Authority are subject to the restrictions upon the manner of exercising power possessed by the City of Irvine, California and

55695.00001\33485367.1
5 any other restrictions on exercising the powers of the Authority that may be adopted by the Authority’s Board of Directors.

SECTION 3: GOVERNANCE

3.1 General Governance; Board of Directors. The governing body of the Authority shall be a Board of Directors (“Board”) consisting of one director for each Party appointed in accordance with subsection 3.2, except the City of Irvine whose governing body shall appoint two directors (the “Irvine Directors”). Notwithstanding the foregoing, the governing body of the City of Irvine shall appoint one director upon the full satisfaction and repayment of the Capital Loan, as defined in subsection 5.5.

3.2 Appointment of Directors. The governing body of each Party shall appoint and designate in writing the Director(s) who shall be authorized to act for and on behalf of the Party on matters within the powers of the Authority. The governing body of each Party shall also appoint and designate in writing an alternate Director(s) who may vote in matters when the regular Director is absent from a Board meeting. The governing bodies of the Founding Parties may, in their sole discretion, elect to appoint their respective Director(s) prior to the Effective Date, in which case such appointment(s) to the Board shall take effect on the Effective Date. The persons appointed and designated as the regular Director and the alternate Director shall be a member of the governing body of the Party when appointed.

3.3 Terms of Office. Each regular and alternate Director shall serve a term of four years. If at any time a vacancy occurs on the Board, a replacement shall be appointed by the governing body to fill the position of the previous Director within ninety (90) days of the date that such position becomes vacant. Replacement Directors shall serve until the scheduled expiration of the four year term of the Board member that they replace.

3.4 Quorum. A majority of the Directors of the entire Board shall constitute, and is necessary to constitute, a quorum, except that less than a quorum may adjourn a meeting from time to time in accordance with law.

3.5 Powers of the Board of Directors. The Board may exercise all the powers enumerated in this Agreement and shall conduct all business and activities of the Authority consistent with this Agreement and any bylaws, operating procedures, and applicable law.

3.6 Executive Committee. The Board shall establish an executive committee consisting of a smaller number of Directors upon the Authority’s membership consisting of nine or more members. The initial members of the executive committee shall be the Directors of the Founding Members with the chair of the Board serving as chair of the Executive Committee.

3.7 Committees. The Board may establish committees as the Board deems appropriate to assist the Board in carrying out its functions and implementing the purposes of this Agreement.

In accordance with subsection 2.3, the Board may delegate to any committees that consist solely of Board members any of the powers specified in subsection 2.1, except for the power to acquire property by eminent domain specified in subsection 2.1.5. Committees that include or consist of non-Board members shall be advisory only.

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6 3.8 Director Compensation. The Board shall adopt policies establishing compensation attendance at Board and Committee meetings and work performed by each Director on behalf of the Authority as well as policies for the reimbursement of expenses incurred by each Director; provided that in no instance shall the per meeting or per day compensation be less than the compensation provided to directors of the Orange County Sanitation District.

3.9 Voting by the Board of Directors.

3.9.1 Equal Vote. Each Director or participating alternate shall have one vote.

Except as provided for in Sections 3.9.2, 3.9.3 and 3.9.4, action of the Board on all matters shall require an affirmative vote of a majority of all Directors who are present at the subject meeting (“Equal Vote”).

3.9.2 Voting Shares Vote. Immediately after (and during the same Board Meeting as) an affirmative or tie Equal Vote, two or more Directors shall have the right to request and conduct a Voting Shares Vote (defined below) to reconsider that action approved by the Equal Vote. In the event of a Voting Shares Vote where the City of Irvine appoints two Directors to the Board and one or more Irvine Directors requests a Voting Shares Vote, a Party other than the City of Irvine must constitute the second Director for purposes of having the right to request and conduct a Voting Shares Vote. A “yes” vote on the Voting Shares Vote shall be a vote to reverse and reject the Equal Vote; a “no” vote on the Voting Shares Vote shall be a vote to affirm the Equal Vote. For Voting Shares Votes, votes shall be weighted as described in subsection 3.9.3. A “yes” vote on a Voting Shares Vote shall require (i) for votes requiring a majority under subsection

3.9.1, more than fifty percent (50%) of the voting shares of all Directors voting; (ii) for votes requiring a supermajority of two-thirds under this Agreement, sixty-seven percent (67%) or more of the voting shares of all Directors voting; and (iii) for votes requiring a supermajority of three quarters under this Agreement more than seventy-five percent (75%) of the voting shares of all Directors voting. All votes taken pursuant to this subsection 3.9.2 shall be referred to as a “Voting Shares Vote.” If a Voting Shares Vote yields a “no” vote, the legal effect is to affirm the Equal Vote with respect to which the Voting Shares Vote was taken. If the Voting Shares Vote succeeds, the legal effect is to nullify the Equal Vote with respect to which the Voting Shares Vote was taken. If the underlying Equal Vote was a tie, the Voting Shares Vote replaces that tie vote. No action may be taken solely by a Voting Shares Vote without first having taken an Equal Vote.

3.9.3 Voting Shares Formula. When a Voting Shares Vote is requested by two or more Directors, voting shares of each Director shall be determined by the following formula:
(Annual Energy Use/Total Annual Energy) x 100
For purposes of this formula (a) “Annual Energy Use” means (i) for the first two years following the Effective Date, the annual electricity usage, expressed in kilowatt hours (“kWh”), within the jurisdiction of the Party appointing the Director(s) and (ii) following the second anniversary of the Effective Date, the annual electricity usage, expressed in kWh, of accounts within the jurisdiction of the Party appointing the Director(s) that are served by the Authority, and (b) “Total Annual Energy” means the sum of all Parties’ Annual Energy Use. The initial values for Annual Energy

55695.00001\33485367.1
7 use are designated in Exhibit B and the initial voting shares are designated in Exhibit C. Both Exhibit B and Exhibit C shall be adjusted annually as soon as reasonably practicable after January 1 of each year, but no later than March 1 of each year, subject to the approval of the Board. Voting shares attributable to Irvine shall be divided equally between the Irvine Directors.

3.9.4 Special Voting.

3.9.4.1 Two-Thirds Supermajority Votes. An affirmative vote of two-thirds of the Directors of the entire Board shall be required to take any action on the following (i) issuing or repayment of bonds loans or other forms of debt; (ii) adding or removing Parties on or after January 1, 2021; (iii) amending or terminating this Agreement or adopting or amending the bylaws of the Authority; and (iv) terminating the CCA Program.

3.9.4.2 Three-Fourths Supermajority Votes. An affirmative vote of three-fourths of the Directors of the Board shall be required to initiate any action for eminent domain and no eminent domain action shall be approved within the jurisdiction of a Party without the affirmative vote of such Party’s Director (or both Irvine Directors, if applicable, in the case of eminent domain action within the City of Irvine).

3.9.4.3 Advance Notice of Special Voting. At least thirty (30) days advance written notice to the Parties shall be provided for all special voting items under subsection 3.9.4.1 and/or subsection 3.9.4.2. Such notice shall include a copy of all substantive documents necessary to meaningfully deliberate and consider the proposed vote (e.g., any proposed amendment to this Agreement or the bylaws of the Authority). The Authority shall also provide prompt written notice to all Parties of the action taken, which shall include any resolution, ordinance, rule, policy, agreement, filing or other operative document (if any) adopted or approved by the Board.

3.10 Officers.

3.10.1 Chair and Vice Chair. The Directors shall select from among themselves a Chair and a Vice-Chair. The Chair shall be the presiding officer of all Board meetings.

The Vice-Chair shall serve in the absence of the Chair. The term of office of the Chair and Vice-Chair shall continue until the expiration of the office of the Directors serving in such positions. There shall be no limit on the number of terms held by the Chair and the ViceChair. The office of either the Chair or Vice-Chair shall be declared vacant and a new selection shall be made if: (i) the person serving dies, resigns, or becomes legally unable to fulfill his or her duties, or (b) the Party that appointed the Chair or Vice-Chair withdraws from the Authority pursuant to the provisions of this Agreement.

3.10.2 Secretary. The Secretary shall be responsible for keeping the minutes of all meetings of the Board and all other official records of the Authority.

3.10.3 Treasurer/Auditor. In accordance with California Government Code § 6505.5, the Board shall appoint a qualified person to act as the Treasurer and a qualified person to act as the Auditor, neither of whom need be members of the Board. The Treasurer

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8 and the Auditor shall possess the powers of, and shall perform those functions required of them by California Government Code §§ 6505, 6505.5, and 6505.6, and by all other applicable laws and regulations and amendments thereto.

3.11 Meetings. The Board shall provide for its regular meetings, the date, hour, and place of which shall be fixed by resolution of the Board. Regular, adjourned, and special meetings shall be called and conducted in accordance with the provisions of the Ralph M. Brown Act, California Government Code § 54950 et seq.

3.12 Chief Executive Officer. The Board shall appoint a Chief Executive Officer. The Chief Executive Officer shall be the chief administrative officer of the Authority, and shall be Secretary of the Board. The powers and duties of the Chief Executive Officer shall be those delegated and/or assigned to the Chief Executive Officer by duly adopted action of the Board.

3.13 Additional Officers and Employees. The Board shall have the power to authorize such additional officers and assistants as may be necessary and appropriate, including retaining one or more administrative service providers for planning, implementing, and administering the CCA Program. Such officers and employees may also be, but are not required to be, officers and employees of the Parties.

3.14 Bonding Requirement. The officers or persons who have charge of, handle, or have access to any property of the Authority shall be the members of the Board, the Treasurer, the Executive Director, and any such officers or persons to be designated or empowered by the Board.

Each such officer or person shall be required to file an official bond with the Authority in an amount which shall be established by the Board. Should the existing bond or bonds of any such officer be extended to cover the obligations provided herein, said bond shall be the official bond required herein. The premiums on any such bond attributable to the coverage required herein shall be the appropriate expenses of the Authority.

3.15 Audit. The records and accounts of the Authority shall be audited annually by an independent certified public accountant with the final audit completed within six months of the fiscal year end,and copies of such audit report shall be filed with the State Controller, and each Party no later than fifteen (15) days after receipt of said audit by the Board.

3.16 Privileges and Immunities from Liability. All of the privileges and immunities from liability, exemption from laws, ordinances and rules, all pension, relief, disability, workers’ compensation, and other benefits which apply to the activities of officers, agents, or employees of a public agency when performing their respective functions shall apply to the officers, agents, or employees of the Authority to the same degree and extent while engaged in the performance of any of the functions and other duties of such officers, agents, or employees under this Agreement.

None of the officers, agents, or employees directly employed by the Authority shall be deemed, by reason of such employment to be employed by the Parties (or any of them).

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9 SECTION 4: ADDITIONAL PARTIES AND IMPLEMENTATION OF CCA PROGRAM

4.1 Additional Parties. An incorporated city or county, or other public agency as authorized by California Public Utilities Code § 331.1, may become a member of the Authority and a Party to this Agreement upon satisfaction of the following:

4.1.1 Adoption of a resolution by the governing body of the proposed additional party approving the Agreement, and requesting participation and an intent to join the Authority;

4.1.2 Adoption by the Board of a resolution authorizing participation of the proposed additional party;

4.1.3 Satisfaction of any additional conditions as established by the Board or applicable laws or regulations; and

4.1.4 Execution of the Agreement by the proposed additional party.

4.2 Continuing Participation. The Parties acknowledge that participation in the CCA Program may change by the addition or withdrawal or termination of a Party. The Parties agree to participate in good faith with additional members as may later be added. The Parties also agree that the withdrawal or termination of a Party shall not affect the enforceability of this Agreement as to the remaining Parties, or the remaining Parties’ continuing obligations under this Agreement.

4.3 Implementation of CCA Program. The Authority shall cause to be prepared an implementation plan meeting the requirements of California Public Utilities Code § 366.2 (“Implementation Plan”) and any applicable regulations of the California Public Utilities Commission (“CPUC”). The Board shall approve the Implementation Plan prior to it being filed with the CPUC. The Authority, acting by and through the Board, shall take all such steps as are necessary and appropriate to implement the Implementation Plan and the CCA Program in a manner consistent with this Agreement.

4.4 Power Supply. The Board will establish power supply options for the Authority.

The Authority’s power supply options will include, but not be limited to, renewable and GHG-free base product that is equivalent to the minimum required by law. Each Party may select its power supply base product for the ratepayers in its jurisdiction. Each Party shall also have the flexibility to achieve its climate goals without impeding any other Party from doing the same.

4.4 Authority Documents. The Parties acknowledge and agree that the operations of the Authority will be implemented through various program documents and regulatory filings duly adopted by the Board, including, but not limited to, bylaws, an annual budget, and plans and policies related to the CCA Program. The Parties agree to abide by and comply with the terms and conditions of all such Authority documents that may be approved or adopted by the Board.

4.5 Termination of CCA Program. Nothing contained in this Agreement shall be construed to limit the discretion of the Authority to terminate the implementation or operation of

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10 the CCA Program at any time, so long as such termination is in accordance with any applicable requirements of state law and the voting procedures specified in subsection 3.9.4.1, above.

SECTION 5: FINANCIAL PROVISIONS

5.1 Fiscal Year. The Authority’s fiscal year shall be twelve (12) months commencing July 1 of each year and ending June 30 of the succeeding year.

5.2 Treasurer. The Treasurer for the Authority shall be the depository for the Authority.

The Treasurer of the Authority shall have custody of all funds and shall provide for strict accountability thereof in accordance with California Government Code § 6505.5 and other applicable laws. The Treasurer shall perform all of the duties required in California Government Code § 6505 et seq. and all other such duties as may be prescribed by the Board.

5.3 Depository & Accounting. All funds of the Authority shall be held in separate accounts in the name of the Authority and not commingled with the funds of any Party or any other person or entity. Disbursement of such funds during the term of this Agreement shall be accounted for in accordance with generally accepted accounting principles applicable to governmental entities and pursuant to California Government Code § 6505 et seq. and other applicable laws.

There shall be a strict accountability of all funds. All revenues and expenditures shall be reported regularly to the Board. The books and records of the Authority shall be promptly open to inspection by the Parties at all reasonable times.

5.4 Budget. The Board shall establish the budget for the Authority, and may from time to time amend the budget to incorporate additional income and disbursements that might become available to the Authority for its purposes during a fiscal year.

5.5 City of Irvine Initial Funding of Authority. The Authority shall, concurrent with the execution of this Agreement, enter into an agreement that covers repayment to the City of Irvine of (i) funding and collateral provided by the City of Irvine to the Authority to facilitate startup and launch costs for the Authority and the CCA Program, and (ii) costs incurred by the City (including staff, consultant, and legal expenses, and associated allocated overhead and administrative expenses) in connection with the study and analysis of the CCA, the formation of the Authority, and the creation of the Implementation Plan (the “Capital Loan Agreement” or the “Capital Loan”). The Capital Loan shall be repaid from customer charges for electrical services to the extent permitted by law when the CCA Program becomes operational. The form of the Capital Loan Agreement is attached hereto as Exhibit D. The Authority shall enter into the Capital Loan Agreement so long as its final form is substantially consistent with the form attached as Exhibit D.

5.6 No Requirement for Contributions or Payments. Except as otherwise specified herein, the Parties are not required under this Agreement to make any financial contributions or payments to the Authority, and the Authority shall have no right to require such a contribution or payment.

5.6.1 Notwithstanding subsection 5.6, the Board may adopt a membership fee to be paid by Additional Parties upon entering into the Agreement, which

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11 membership fee shall be established (if at all) by the Board and may cover a reasonable estimate of the transactional and other costs incurred by the Authority in processing the addition of the Additional Party to the Authority.

5.6.2 Notwithstanding subsection 5.6, the Authority and a Party may mutually and voluntarily enter into an agreement to provide the following: (i) contributions of public funds for the purposes set forth in this Agreement; (ii) advances of public funds for the purposes set forth in this Agreement, such advances to be repaid as provided by such written agreement; or (iii) its personnel, equipment or property.

5.6.3 For the avoidance of doubt, nothing in this Agreement requires, nor shall the Authority for any reason ever require, that any Party adopt any local tax, assessment, fee or charge for the benefit of the Authority.

5.7 Obligations of the Authority. Unless otherwise agreed by the Parties, the debts, liabilities, and obligations of the agency shall not be the debts, liabilities, and obligations, either jointly or severally, of the members of the agency. A Party may, in its sole discretion, agree to assume one or more of the debts, liabilities, and obligations of the Authority if, and only if, such Party, with the approval of its governing body, agrees in writing to assume any such debts, liabilities, or obligation of the Authority.

SECTION 6: WITHDRAWAL AND TERMINATION

6.1 Right to Withdraw.

6.1.1 Right to Withdraw Prior to March 1, 2021. Except for the City of Irvine, a Party may withdraw from the Authority for any reason and without liability or cost prior to March 1, 2021 upon providing the Authority fifteen (15) days advance written notice.

6.1.2 Right to Withdraw After March 1, 2021. Except for the withdrawal provided for in Section 6.1.1, a Party may withdraw its membership in the Authority, effective as of the beginning of the Authority’s fiscal year, by giving no less than one hundred eighty (180) days advance written notice of its election to do so, which notice shall be given to the Authority and each Party. Withdrawal of a Party shall require an affirmative vote of the Party’s governing board. A Party that withdraws from the Authority pursuant to this subsection may be subject to certain continuing liabilities as described in this Agreement. The withdrawing Party and the Authority shall execute and deliver all further instruments and documents, and take any further actions as may be reasonably necessary to effectuate the orderly withdrawal of such Party.

6.2 Involuntary Termination. This Agreement may be terminated with respect to a Party for material non-compliance with provisions of this Agreement upon a two-thirds vote of the entire Board (excluding the vote of the Party subject to possible termination) taken in accordance with subsection 3.9.4.1. Prior to any vote to terminate this Agreement with respect to a Party, written notice of the proposed termination and the reason(s) for such termination shall be delivered