Fountain Valley City Council
February 18, 2025

AGENDA

CITY COUNCIL/ SUCCESSOR

AGENCY TO THE FOUNTAIN

VALLEY AGENCY

FOR COMMUNITY DEVELOPMENT/

FOUNTAIN VALLEY HOUSING AUTHORITY
Closed Session 5:00 p.m.

Study Session 5:30 p.m.

Regular Meeting 6:00 p.m.

Tuesday, February 18, 2025
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 th e Cit y Counci l or othe r 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: Feb 18, 2025 04:30 PM Pacific Time (US and Canada) Join Zoom Meeting
https://us02web.zoom.us/j/84213741140?pwd=Gml4tbjiWMIBRXsRxxl7Ja2pjOjvF9.1 Meeting ID: 842 1374 1140
Passcode: 397399

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

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

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

STUDY SESSION
CALL TO ORDER 5:30 p.m.

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

1. Update on the Water Master Plan – Presentation by Kyle Hilton, Associate Engineer

2. Discussion Regarding possible Transient Occupancy Tax (TOT) Increase for 2026 – Presentation by Colin Burns, Attorney for the City

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

INVOCATION Pastor Matt Ford, Fountain of Life Fellowship SALUTE TO THE FLAG Vice Mayor Jim Cunneen

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

ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS

CITY MANAGER / MAYOR UPDATE

PRESENTATIONS
• Recognition of Kingston Technologies for serving the City of Fountain Valley – Presentation by Mayor Ted Bui
• Recognition of JMG for serving the City of Fountain Valley – Presentation by Mayor Ted Bui

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

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

CONSENT CALENDAR
Consent Calendar Items 1 – 6 will be approved simultaneously with one motion unless separate action/or discussion is requested.

1. Receive and File the Draft Minutes of the February 4, 2025 Regular City Council meeting

2. Approve the Register of Demands for the period of 1/24/2025 to 2/6/2025 Page 14 Recommended Action: Staff recommends Alternative No. 1 to approve the attached Register of Demands representing payments made by the City of Fountain Valley between 1/24/2025 and 2/6/2025 for a total of $4,892,957.15.

3. City of Fountain Valley Six Month Strategic Objectives Update for September 26, 2024 through March 27, 2025. Page 26
Recommended Action: Receive and File the updated strategic objectives matrix for September 26, 2024 through March 27, 2025

4. Amendment to Contract with Kling Consulting Group, inc. for On-Call Engineering Geology and Geotechnical Engineering Review Services Page 32
Recommended Action: Staff is requesting City Council approval of Alternative No. 1 to approve the contract amendment for Kling Consulting Group, Inc. for on-call engineering geology and geotechnical engineering review services for a one-year extension and increase the not-to-exceed amount by $90,000.

5. Request to Destroy Police Department Records Page 126 Recommended Action: Staff recommends that the City Council approve Alternative 1:

Authorize the City Clerk to destroy the Police Department records contained in the records destruction requests.

6. Award of Contract Amendment to Placeworks to Provide Environmental Services for Proposed Euclid & Heil Project located at 16300 Euclid Street (Northeast Corner of Euclid Street and Heil Avenue) Page 132
Approve contract amendments to Placeworks for planning and environmental services as specific in the attached scope of work.

ADMINISTRATIVE ITEMS

7. Introduction/first reading the Ordinance for CC/City FV, amending Chapter 14.38 of the FV M-Code pertaining to Grease Control to remove the requirement for new multiple dwelling units to install grease interceptors, unless deemed building official – Presentation by Scott Smith, Public Works Director Page 176
Recommended Action: Staff is requesting City Council approval of Alternative No. 1, which is to introduce and approve for second reading an Ordinance of the City Council of the City of Fountain Valley, California, amending Chapter 14.38 of the Fountain Valley Municipal Code pertaining to Grease Control to remove the requirement for new multiple dwelling units to install grease interceptors, unless deemed necessary by the building official.

8. Approve On-Call List of Qualified Consultants for As-Needed Construction Management, Inspection, & Plan Checking Services & Award Contracts to List of Six (6) Qualified Consultants for an Amount Not-to-Exceed $600,000 per Contract for 3-Year Term. – Presentation by Ryan Damon, Engineering Assistant Page 184 Recommended Action: It is recommended that the City Council approve the On-Call list of qualified consultants for as-needed construction management, inspection, and plan checking services and award contracts to the list of six (6) qualified consultants for an amount not-to-exceed $600,000 per contract for a three-year term.

9. Approve the Amended and Restated Lease Between the County of Orange and the City of Fountain Valley for the Fountain Valley Sports Park, and the Allocation of $121,000 from the Alternative Park Funds for the Expansion of the Fountain Valley Sports Park – Presentation by Rob Frizzelle, Community Services Director Page 636
Recommended Action: Staff recommends Alternative No. 1, Approve the amended and restated lease between the County of Orange and the City of Fountain Valley for the Fountain Valley Sports Park and, Approve the Allocation of $121,000 from the Alternative Park Funds for the Expansion of the Fountain Valley Sports Park (16 Acres).

APPOINTMENTS

10. Appointments to the Advisory Committee for Persons with Disabilities for 2025 – Presentation by Rick Miller, City Clerk

COUNCIL MEMBER ITEMS FOR FUTURE CONSIDERATION

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

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

COMMENTS

ADJOURN THE MEETING OF THE CITY COUNCIL/SUCCESSOR

AGENCY/HOUSING AUTHORITY
Tonight’s meeting is being Adjourned in the Memory of Troy Johnson The next Regular Meeting of the Fountain Valley City Council is March 4, 2025 at 6:00 p.m., in the Fountain Valley Council Chambers, 10200 Slater Avenue, Fountain Valley.

City of Fountain Valley
Memorandum
TO: Honorable Mayor and Members of the City Council
FROM: Kyle Hilton, Associate Engineer
DATE: February 18, 2025
SUBJECT: Study Session on “Water Masterplan Update”
______________________________________________________________________________ EXECUTIVE SUMMARY:

The City of Fountain Valley Public Works Department is responsible for providing clean and safe water to the City of Fountain Valley community. Presently, the City’s potable water supply is sourced from City groundwater that is produced from six City wells and stored in two 5-million-gallon water reservoirs.

The City’s six-month strategic planning objectives for October 15, 2024 through March 4, 2025 includes the priority: “Secure vendor and provide an update on the City’s Water Master Plan.”
This study session is intended to provide an update on the City’s Water Master Plan.

DISCUSSION:

On September 26, 2024, the City Council held a strategic planning session with the executive management team and department managers. Those in attendance collaborated to establish the City’s six-month strategic planning objectives for October 15, 2024 through March 4, 2025. One of the selected priorities listed in the Six-Month Strategic Objectives Matrix is “Secure vendor and provide an update to the City’s Water Master Plan.” This priority falls within the MAINTAIN, BUILD, AND MODERNIZE INFRASTRUCTURE TO SUPPORT GROWTH AND FUTURE NEEDS OF THE CITY three-year goal.

On October 15, 2024, City Council awarded a professional services contract to MKN & Associates (MKN) for the Water Master Plan and Water Rate Study (Project). MKN possess a team of experienced consultants who have prepared water master plans for varies agencies throughout Southern California.

The project will evaluate the City of Fountain Valley’s existing water system and identify necessary system improvements to meet future development water demands, while also addressing the rehabilitation and replacement of aging infrastructure. Updating the comprehensive Water Master Plan will consist of the following project milestones:
• Data Collection
• Prepare Water Demand Calculations
• Water Supply Optimization Plan
• Prepare Hydraulic Software Model Update
• Water Facilities Condition Assessment
• Capital Improvement Plan
• Organizational Analysis of the Water Department
• Cost-of-Service Analysis
• New Water Rate Schedule
City Staff held a project kickoff meeting with MKN Staff on Tuesday, November 19th, 2024.

The initial phase of the project consists of obtaining and transferring all requested data to the MKN team. The data that is requested consists of all water system GIS data, all as-built construction plans of all water facilities, all previous water reports and assessments, monthly water production records, water billing records for the past five years and other pertinent information. Currently, staff is obtaining this data and transferring the data in real time to the MKN Team. The data collection phase is approximately 75% complete.

City Staff anticipates the project will be completed by Spring 2026.

City of Fountain Valley
Memorandum
TO: Honorable Mayor and City Council
FROM: Colin Burns, Attorney for the City
Rick Miller, City Clerk-Risk Administrator
DATE: February 18, 2025
SUBJECT: Study Session on Transient Occupancy Taxes
______________________________________________________________________________ EXECUTIVE SUMMARY:

The City Council requested that staff bring back the Transient Occupancy Tax item for further discussion. This study session will include a discussion on legal issues associated with Transient Occupancy Taxes, comparative data regarding neighboring jurisdictions, and procedural discussions for increasing City’s TOT, if desired.

DISCUSSION:

Cities may impose a “transient occupancy tax” on persons staying 30 days or less in hotels, motels, and similar lodgings. (Rev. and Tax Code (RTC) §§ 7280 et seq.) Some TOTs are expressed as a flat rate per night, while most are expressed as a percentage of the room rate, including Fountain Valley’s current TOT. Imposing or increasing a TOT is subject to constitutional voter approval requirements.

TOT is imposed on “the privilege of occupying a lodging.” (RTC 7280.) The hotel operator collects the tax from lodgers and remits the tax to the City.

The City’s current TOT is 9%. Staff surveyed surrounding jurisdictions’ TOT rates and found a range of 8% to 15%. The City’s current 9% TOT rate provides revenue of approximately $1.4 Million annually. Based on current revenue levels, Staff anticipates that each percentage increase in the TOT rate would result in an additional $156,000 of revenue for the City.

Staff is requesting that the City Council receive and file Staff’s presentation and is seeking City Council’s direction on whether to move forward with a potential TOT ballot measure.

MINUTES OF THE

CITY COUNCIL/ SUCCESSOR AGENCY TO THE FOUNTAIN

VALLEY AGENCY

FOR COMMUNITY DEVELOPMENT/ FOUNTAIN VALLEY

HOUSING AUTHORITY
Closed Session 4:00 p.m.

Study Session 5:15 p.m.

Regular Meeting 6:00 p.m.

Tuesday, February 4, 2025
Council Chambers

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

PUBLIC COMMENTS (Closed Session matters only)

1. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Section 54956.9:
(1 potential case - facts and circumstances unknown to potential plaintiffs) Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9: (1 potential case)
No Reportable Action

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

Agency Designated Representatives: City Manager, Maggie Le, Finance Director, Ryan Smith, Human Resources Director, Carrie Hanes, Community Development Director / Deputy City Manager, Omar Dadabhoy, Human Resources Manager, Tania Knauerhaze, Payroll Administrator, Briana Laszlo, Liebert Cassidy Whitmore Attorney, Laura Drottz Kalty, Attorney for the City, Colin Burns
Employee Organizations: Fountain Valley Municipal Employees Association (Field Services unit), Fountain Valley General Employees Association (FVGEA), Fountain Valley Professional and Technical Employees (P&T)
No Reportable Action

STUDY SESSION
CALL TO ORDER 5:33 p.m.

PUBLIC COMMENTS (Study Session matters only)

1. Update on the Orange County Power Authority – Presentation by Scott Smith, Public Works Director and Colin Burns, Attorney for the City

Public Comments – Michael Hutton, Katy Wright, Julie Eller, Kathleen Bouman Joe Mosca provided the City Council with an update on the OCPA.

2. Presentation on Strategic Plan Item; Recommendations for the installation of an electronic message board at the entrance to the FV Recreation Center, as well as a permanent bandstand in the park - Presented by Community Services Director Rob Frizzelle Rob Frizzelle provided the City Council with signage options at the entrance to the Fountain Valley Sports Park and the permanent bandstand.

OPEN SESSION
CALL TO ORDER 6:18 p.m.

INVOCATION Father Joseph Tran
SALUTE TO THE FLAG Council Member Patrick Harper

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

Council Members Absent: None

ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS
None

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

PRESENTATIONS
 Recognition of Memorial Care for serving the City of Fountain Valley for over 20 Years – Presentation by Mayor Ted Bui
Mayor Bui presented a Certificate of Recognition to Kristen Pugh of Memorial Care for their service to the City of Fountain Valley over the last 29 Years.  Recognition of Fountain Valley Firefighters – Presentation by Bill McQuaid, Fire Chief Fire Chief Bill McQuaid recognized the firefighters who helped with the Los Angeles fires.

FIRST CITY COUNCIL/ SUCCESSOR AGENCY/ HOUSING AUTHORITY/ PUBLIC COMMENTS (Unscheduled Matters Only)

None

CONSENT CALENDAR
Consent Calendar Items 1 – 5 were approved simultaneously. Item number 6 was pulled by Council member Constantine

1. Receive and File the Draft Minutes of the January 21, 2025 Regular City Council Meeting ACTION: Move to Receive and File the Draft Minutes of the January 21, 2025 Regular City Council Meeting
MOTION: Constantine SECOND: Grandis
AYES: Constantine, Grandis, Harper, Cunneen, Bui
NOES: None
ABSENT: None
ABSTAIN: None

2. Approve the Register of Demands for the period of 1/10/2025 to 1/23/2025 ACTION: Move to Approve the Register of Demands for the period of 1/10/2025 to 1/23/2025
MOTION: Constantine SECOND: Grandis
AYES: Constantine, Grandis, Harper, Cunneen, Bui
NOES: None
ABSENT: None
ABSTAIN: None

3. Receive and file the quarterly Treasurer’s Report for the quarter ended December 31, 2024 ACTION: Move to Receive and file the quarterly Treasurer’s Report for quarter ended December 31, 2024
MOTION: Constantine SECOND: Grandis
AYES: Constantine, Grandis, Harper, Cunneen, Bui
NOES: None
ABSENT: None
ABSTAIN: None

4. Approval of a Resolution of the City of Fountain Valley Implementing Preferential Permit Parking for Easter, Cinco de Mayo, Mother's Day, Memorial Day, Independence Day and Labor Day for 2025
ACTION: Move to Approve the Resolution of the City of Fountain Valley Implementing Preferential Permit Parking for Easter, Cinco de Mayo, Mother's Day, Memorial Day, Independence Day and Labor Day for 2025
MOTION: Constantine SECOND: Grandis
AYES: Constantine, Grandis, Harper, Cunneen, Bui
NOES: None
ABSENT: None
ABSTAIN: None

5. Amendment #2 to Contract 1110 (CON-19-19): Cabco Yellow Inc., dba California Yellow Cab – Senior Transportation Provider
ACTION: Move to Approve Amendment #2 to Contract 1110 (CON-19-19): Cabco Yellow Inc., dba California Yellow Cab – Senior Transportation Provider MOTION: Constantine SECOND: Grandis
AYES: Constantine, Grandis, Harper, Cunneen, Bui
NOES: None
ABSENT: None
ABSTAIN: None

6. Pulled by Council Member Constantine
Second Reading and Adoption of Ordinances Approving: Code Amendments 25-01, 25-02 and 25-03 to the Crossings Specific Plan, Southpark Specific Plan and Warner/Newhope Specific Plan, respectively to allow for new/additional residential uses, consistent with the General Plan and 2021-2029 Housing Element
Council member Constantine left the Dais at 6:54 pm.

Public Comment – Michael Hutton
ACTION: Move to Approve the Second Reading and Adoption of Ordinances Approving:

Code Amendments 25-01, 25-02 and 25-03 to the Crossings Specific Plan, Southpark Specific Plan and Warner/Newhope Specific Plan, respectively to allow for new/additional residential uses, consistent with the General Plan and 2021-2029 Housing Element
MOTION: Harper SECOND: Cunneen

AYES: Grandis, Harper, Cunneen, Bui
NOES: None
ABSENT: None
RECUSED: Constantine

ADMINISTRATIVE ITEMS

7. Request Approval of the following: 1. Authorize Staff to purchase and equip a 2028 Pierce Enforcer fire engine in the amount of $1,200,000, 2. Authorize Staff to dispose of one surplus 2001 American La France fire engine
Public Comment - Libby
ACTION: Move to Approve the Following: 1. Authorize Staff to purchase and equip a 2028 Pierce Enforcer fire engine in the amount of $1,200,000, 2. Authorize Staff to dispose of one surplus 2001 American La France fire engine MOTION: Constantine SECOND: Cunneen
AYES: Constantine, Grandis, Harper, Cunneen, Bui
NOES: None
ABSENT: None
ABSTAIN: None

8. Mid-Year Budget Review for Fiscal Year 2024-25; Adopt a Resolution to effect certain changes to the City’s Master Salary Schedule in conformance with Title 2 of the California Code of Regulations section 570.5 and the California Public Employees’ Retirement System ACTION: Move to Approve the Mid-Year Budget Review for Fiscal Year 2024-25; Adopt a Resolution to effect certain changes to the City’s Master Salary Schedule in conformance with Title 2 of the California Code of Regulations section 570.5 and the California Public Employees’ Retirement System
MOTION: Constantine SECOND: Cunneen
AYES: Constantine, Grandis, Harper, Cunneen, Bui
NOES: None
ABSENT: None
ABSTAIN: None

APPOINTMENTS

9. Appointment to the Fountain Valley Community Foundation, Housing and Community Development Committee and Measure HH Committee for 2025 – Presentation by Rick Miller, City Clerk
The Following people were appointed to these Committee’s:

Fountain Valley Community Foundation: Larry Crandall, Alaina Hougen, Barbara Montz, Susan Castellanos and Jane Lovine
Housing and Community Development: Kristin Azcona, Bryan Noble and Prem Balani Measure HH Committee: Feemun Dogar and Jeffrey Stone

COUNCIL MEMBER ITEMS FOR FUTURE CONSIDERATION
Council Member Constantine requested that the City Council look into the parameters for the Measure HH Committee. Second by Vice Mayor Cunneen.

Mayor Bui requested that the City Council look into the city establishing their own ambulance program.

Second by Council Member Grandis

CITY COUNCIL/ SUCCESSOR AGENCY/ HOUSING AUTHORITY/ PUBLIC COMMENTS (Unscheduled Matters Only)
Gilbert Diaz
CITY COUNCIL/SUCCESSOR AGENCY/HOUSING AUTHORITY AB 1234/GENERAL COMMENTS Mayor Bui
January 22 Attended the OCPA meeting and recorded the January Mayors podcast January 23 Attended the ABAOC Lunar New Year mixer and the Miss Fountain valley reception January 25 Attended the Fountain Valley Lunar New Year event January 26 Attended the Major league Players Alumni Association January 27 Attended the Committee interviews
January 28 Attended OC Board of Supervisors meeting and the Senior Center Lunar New Year event
January 29-31 Attended the Mayors academy
February 1 Attended the Westminster TET Parade and the UVSA TET Lunar New Year event February 2 Attended the VSA So-Cal Soccer tournament and the Miss Fountain Valley Scholarship event
Vice Mayor Cunneen
January 23 Attended the Orange County Library Board meeting January 25 Attended the Lunar New Year Festival at the recreation center

January 27 Attended the committee and commission interviews January 30 Attended a virtual meeting held by OCPA
February 1 Attended the Annual Westminster Lunar New Year Parade February 2 Attended the Annual Miss Fountain Valley Scholarship event Council Member Grandis
January 22 Attended the OCPA Board of Directors meeting, the unhoused task force meeting and OC Sanitation District meetin
January 23 Attended the UCI Health Fountain Valley Board of Directors meeting January 25 Attended the Lunar New Year Festival at the recreation center January 27 Attended the committee interviews
January 28 Attended the Advanced Beauty College TET Festival and the Boys and Girls Club Annual Board meeting dinner
January 29 Attended the Community Foundation Capital Campaign January 30 Attended the Boys and Girls Club Capital Campaign February 1 Attended the Westminster TET Parade
February 2 Attended the Miss Fountain Valley Scholarship Competition February 3 Attended the Fountain valley Schools Foundation Board Meeting Council Member Constantine
January 22 Had a lunch meeting with City Manager Maggie Le at Vox Kitchen, then participated in the City’s Ad-Hoc Unhoused Task Force Meeting at City Hall.

January 24 Stopped in at the movie for senior citizens “Hundreds of Beavers - 2022” at Founders Village Senior and Community Center.

January 25 Stopped by the Green Valley Community Shred Day event in the Green Valley Association parking lot, then stopped in at the Fountain Valley Lunar New Year event at the Fountain Valley Recreation Center.

January 27 City Council conducted interviews for our City Commissions, Committees, and Boards. Tonight, it was for Housing and Community Development, Fountain Valley Community Foundation, and Measure HH Advisory Oversight.

January 28 Watched the Orange County Board of Supervisors Meeting on the County’s website, then attended the Lunar New Year Luncheon for senior citizens at Founders Village Senior and Community Center. In the evening, I attended the annual Green Valley monthly Board Meeting and Annual Town Hall Meeting in the Green Valley Adult Club House.

January 29 Attended the Lunar New Year event at Hue Oi.

February 1 Attended the Tet Festival in Garden Grove.

February 2 I attended the annual Miss FV 2025 Scholarship Competition at Saigon Grand Theater, then stopped in at the Eagle Forum of Orange County at the Calvary Chapel of the Harbour, Huntington Beach. The presentation was “Are you ready to EVACUATE?” By Nancy Domino and others.

Council Member Harper
January 23 Attended the NAIOP legislative reception
January 25 Attended the Lunar New Year festival at the recreation center

January 27 Attended the OCTA Board meeting and commission interviews at city hall February 1 Attended the Westminster TET Parade
February 2 Attended the Miss Fountain Valley competition February 3 Attended the OCTA Regional Transportation Planning Committee

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

AUTHORITY
Mayor Bui adjourned the meeting at 8:54 pm to the next Meeting of the Fountain Valley City Council on February 18, 2025 at 6:00 p.m., in the Fountain Valley Council Chambers, 10200 Slater Avenue, Fountain Valley.
________________________________________________________________________________________________________________________________ Ted Bui, Mayor

Attest:
___________________________
Rick Miller, City Clerk

CITY OF FOUNTAIN VALLEY

CITY COUNCIL

COUNCIL ACTION REQUEST
To: Honorable Mayor and Agenda Date: February 18, 2025
Members of the City Council
SUBJECT: City of Fountain Valley Register of Demands for the period of 1/24/2025 to 2/6/2025 Three-Year Strategic Goals
☐ Enhance the culture and environment of “A Nice Place to Live” ☒ Achieve fiscal stability by evaluating processes, and attract and retain revenue producing businesses/opportunities
☐ Attract and retain quality staff through best practices and trends ☐ Maintain, build, and modernize infrastructure to support growth and future needs of the City ☐ Not applicable
EXECUTIVE SUMMARY:

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

DISCUSSION:

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

FINANCIAL ANALYSIS:

The attached Register of Demands represents payments made by the City of Fountain Valley between 1/24/2025 and 2/6/2025 for a total of $4,892,957.15.

ATTORNEY REVIEW:

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

PUBLIC NOTIFICATION:

Not applicable.

Register of Demands
February 18, 2025

ALTERNATIVES:

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

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

RECOMMENDATION:

Staff recommends Alternative No. 1 to approve the attached Register of Demands representing payments made by the City of Fountain Valley between 1/24/2025 and 2/6/2025 for a total of $4,892,957.15.

Prepared by: Ryan Smith, Finance Director
Reviewed by: Colin Burns, City Attorney
Approved by: Maggie Le, City Manager
Attachment 1: Register of Demands 1/24/2025 to 2/6/2025.

City Of Fountain Valley
Register of Demands
1/24/2025 - 2/6/2025
Department
Check
Date Vendor Description Doc #
Check/ACH
# Amount
10000000 NON-DEPARTMENTAL
02/06/25 U.S. BANK CORPORATE CITY P-CARDS DEC 2024 - 4246 0445 5574 3131 34484 3308 58,037.86 02/06/25 AMAZON SUGGESTION BOX, RM SUPPLIES, LEADERSHIP 34167 3280 66.78 TOTAL NON-DEPARTMENTAL 58,104.64
10010100 CITY COUNCIL
02/06/25 QUANTUM SIGNS & GRAP CITY COUNCIL BANNER 34144 2314137 108.75 02/06/25 QUANTUM SIGNS & GRAP CITY BANNER FOR PARADES 34145 2314137 130.50 TOTAL CITY COUNCIL 239.25
10010102 LEGAL SERVICES
02/06/25 HARPER AND BURNS, LL DEC. '24 - CITY LEGAL SERVICES 34121 3299 40,690.94 TOTAL LEGAL SERVICES 40,690.94
10010103 OFFICE OF CITY MANAGER
01/30/25 LE-NGUYEN, MAGGIE REIMBURSEMENT FOR CASH EXPENSES 33760 3235 72.69 02/06/25 LEAGUE OF CAL CITIES 2025 MEMBERSHIP DUES 33500 2314132 20,739.00 02/06/25 AMAZON SUGGESTION BOX, RM SUPPLIES, LEADERSHIP 34167 3280 135.17 TOTAL OFFICE OF CITY MANAGER 20,946.86
10010104 ADMIN SERVICES
02/06/25 FOUNTAIN VALLEY LIVI FVLM STATE OF THE CITY AD 34166 2314125 950.00 02/06/25 AMAZON SUGGESTION BOX, RM SUPPLIES, LEADERSHIP 34167 3280 118.96 TOTAL ADMIN SERVICES 1,068.96
10020200 HUMAN RESOURCES
01/30/25 CONCENTRA MEDICAL CE 10/31 - 11/5/24 OCCUPATIONAL MEDICAL SVCS 34073 2314042 2,151.60 02/05/25 LIEBERT, CASSIDY & W DEC 2024 CLIENT MATTER FO030-00028 34172 3264 6,077.50 02/05/25 LIEBERT, CASSIDY & W DEC 2024 CLIENT MATTER FO030-00039 34174 3265 4,135.00 02/05/25 LIEBERT, CASSIDY & W DEC 2024 CLIENT MATTER FO030-00040 34175 3266 9,818.91 02/05/25 LIEBERT, CASSIDY & W DEC 2024 CLIENT MATTER FO030-00041 34176 3267 532.50 02/05/25 LIEBERT, CASSIDY & W DEC 2024 CLIENT MATTER FO030-00001 34177 3268 799.50 02/05/25 LIEBERT, CASSIDY & W NOV 2024 CLIENT MATTER FO030-00038 34179 3269 2,848.00 02/05/25 LIEBERT, CASSIDY & W DEC 2024 CLIENT MATTER FO030-00035 34180 3270 1,135.00 02/06/25 DEPARTMENT OF JUSTIC DEC 2024 HR DEPT PORTION LIVESCAN FEES 34189 2314116 264.00 01/30/25 CONCENTRA MEDICAL CE 01/15 - 01/18/25 OCCUPATIONAL MEDICAL 34018 2314041 1,698.00 02/06/25 CONCENTRA MEDICAL CE 11/13 - 11/19/24 OCCUPATIONAL MEDICAL 34469 2314113 3,205.30 02/06/25 VERIZON WIRELESS 12/26/24 - 1/25/25 - HR CELL PHONES 34471 2314160 18.69 02/06/25 AT&T MOBILITY 12/27/24 -1/26/25 HR CELL PHONES 34472 2314110 348.69 02/06/25 CONCENTRA MEDICAL CE 10/25 - 10/29/24 OCCUPATIONAL MEDICAL 34130 2314112 2,494.70 02/06/25 SHAW HR CONSULTING DEC 24-JAN 25 HR CONSULTING SERVICES 34182 2314147 1,455.00 02/06/25 E3 CONSULTING CORPOR ERGONOMIC EVALUATIONS JAN 2025 34183 2314120 600.00 02/06/25 BIOMETRICS4ALL, INC JAN 2025- HR RELAY FEES 34188 3297 4.50

02/06/25 SHRED-IT USA LLC JAN 2025 - HR SHRED-IT STERICYCLE SERVICE 34470 2314148 119.98 02/06/25 AMAZON 1/9 - 1/22/2025 OFFICE SUPPLIES 34204 3295 344.01 02/06/25 EXPERIAN 12/28/24 - 1/31/25 PRE EMPLOYMENT CREDIT 34201 2314124 25.00 02/06/25 THE COUNSELING TEAM FEB 2025 EAP SERVICES FOR FVFD 34240 2314154 1,500.00 TOTAL HUMAN RESOURCES 39,575.88
10030300 PLANNING
01/30/25 DE NOVO PLANNING GRO SEPT 24 16800 MAGNOLIA PROJECT - CEQA 34031 2314050 11,349.00 01/30/25 DE NOVO PLANNING GRO OCT 24 16800 MAGNOLIA PROJECT - CEQA 34050 2314050 5,820.00 01/30/25 THE PLANNING CENTER CONSULTANT SERVICES FOR EUCLID/HEIL 33708 2314086 1,820.70 02/06/25 KLING CONSULTING GRO SOILS REVIEW CONSULTING SVCS FOR 24-1120 34074 2314129 850.00 02/06/25 KLING CONSULTING GRO SOILS REVIEW CONSULTING SVCS FOR 24-614 34075 2314129 850.00 02/06/25 KLING CONSULTING GRO SOILS REVIEW CONSULTING SVCS FOR 24-2031 34076 2314129 850.00 01/30/25 BROTHERS, CHERYL JAN STIPEND PC MEETINGS 34017 3228 100.00 01/30/25 LANGER, MATTHEW HARR JAN STIPEND PC MEETINGS 34019 3234 100.00 01/30/25 LOPEZ, RICHARD JAN STIPEND PC MEETINGS 34020 3237 50.00 01/30/25 OSBORN, DAVID JOHN JAN STIPEND PC MEETINGS 34021 3239 100.00 01/30/25 SAAD, AZZAM JAN STIPEND PC MEETINGS 34022 3247 100.00 01/30/25 VU, ANH JAN STIPEND PC MEETINGS 34023 3253 100.00 02/06/25 VERIZON WIRELESS 1/26-2/25/25 CELL PHONES & IPADS 34467 2314159 124.13 02/06/25 AT&T MOBILITY 1/27-2/26/25 CELL PHONES 34466 2314109 45.33 TOTAL PLANNING 22,259.16
10030301 BUILDING & SAFETY
01/30/25 VCA CODE NOV 24 BUILDING PLAN RVW AND STAFFING

32726 3252 13,357.50
02/06/25 VERIZON WIRELESS 1/26-2/25/25 CELL PHONES & IPADS 34467 2314159 203.03 02/06/25 AMAZON OFFICE SUPPLIES BOXES 34119 3280 59.54
TOTAL BUILDING & SAFETY 13,620.07
10030305 ECONOMIC DEVELOPMENT
01/30/25 COSTAR REALTY INFORM REAL ESTATE SERVICES 33518 2314043 394.92 02/06/25 AT&T MOBILITY 12/27/24-1/26/25 CELL PHONES & IPADS 34465 2314108 120.72 TOTAL ECONOMIC DEVELOPMENT 515.64
10030310 CODE ENFORCEMENT
02/06/25 AT&T MOBILITY 12/27/24-1/26/25 CELL PHONES & IPADS 34465 2314108 40.24 TOTAL CODE ENFORCEMENT 40.24
10040400 FINANCE
02/06/25 AT&T MOBILITY 12/27 - 1/26/25 R SMITH CELL PHONE 33330 2314103 45.31 02/06/25 AT&T MOBILITY 1/27 - 2/26/25 R SMITH CELL PHONE 34227 2314107 135.92 TOTAL FINANCE 181.23
10040401 PURCHASING
02/06/25 NEOFUNDS/TOTALFUNDS POSTAGE - JANUARY 2025 34463 2314167 3,000.00 02/06/25 OFFICE DEPOT 2025 PAPER RECREATION & PD 34464 2314168 616.04 TOTAL PURCHASING 3,616.04
10050503 STREET LIGHTING
01/30/25 SO CALIF EDISON CO 12/1 - 12/31/24 STREET LIGHTS 33716 2314083 8,963.63 01/30/25 SO CALIF EDISON CO 11/22 - 12/22/24 TRAFFIC SIGNALS 33723 2314084 5,560.54 01/30/25 YUNEX, LLC DEC 2024 - TRAFFIC SIGNALS CALL OUTS 33755 2314095 5,465.40

TOTAL STREET LIGHTING 19,989.57
10050550 RIGHTS-OF-WAY
02/06/25 AMAZON IPHONE CASE COVER 34185 3288 15.54
TOTAL RIGHTS-OF-WAY 15.54
10050551 TREE MAINTENANCE
02/06/25 AMAZON AT A GLANCE PLANNER 34193 3292 69.99
01/30/25 GREAT SCOTT TREE SER TRIMMING OF PINES ON THE TANAGER MEDIAN 33758 3229 141.76 01/30/25 IMPERIAL SPRINKLER S PALLET OF TREE STAKES 34099 2314068 1,235.84 TOTAL TREE MAINTENANCE 1,447.59
10050552 PARK MAINTENANCE
02/06/25 AMAZON RED AND GREEN FLOOD LIIGHTS 34170 3283 178.89 TOTAL PARK MAINTENANCE 178.89
10050553 CONCRETE MAINTENANCE
01/30/25 UNITED RENTALS NORTH 2ND DELIVERY FOR SIDEWALK REPLACEMENT 34104 2314091 312.93 02/06/25 AMAZON AT A GLANCE CALENDAR REFILL 34195 3294 9.25 TOTAL CONCRETE MAINTENANCE 322.18
10050554 PAVEMENT MAINTENANCE
01/30/25 VULCAN MATERIAL COMP UTILITY PATCH -SANTA MARTA 34095 2314094 300.01 TOTAL PAVEMENT MAINTENANCE 300.01
10050555 STORM DRAIN MAINT
01/30/25 MICHAEL BAKER INTERN THRU 12/31/24 - NPDES PROG MGMT SUPPORT 33756 3238 6,659.75 TOTAL STORM DRAIN MAINT 6,659.75
10050556 TRAFFIC CONTROL
01/30/25 ROADLINE PRODUCTS IN STREET SIGNS FOR C-2 1 OF 3 34100 3243 3,140.27 01/30/25 ROADLINE PRODUCTS IN STREET SIGNS FOR C-2 3 OF 3 34102 3245 2,675.65 01/30/25 ROADLINE PRODUCTS IN STREET SIGNS FOR C-2 2 OF 3 34101 3244 1,767.10 TOTAL TRAFFIC CONTROL 7,583.02
10050558 RECREATION CENTER
01/30/25 IMPERIAL SPRINKLER S IRRIGATION PARTS FOR SPORTS PARK 34097 2314066 1,723.51 01/30/25 IMPERIAL SPRINKLER S FERTILIZER FOR SPORTS FIELDS 34098 2314067 1,420.68 TOTAL RECREATION CENTER 3,144.19
10050559 GRAFFITI CONTROL
01/30/25 DUNN-EDWARDS CORPORA STOCK FOR PAINT ROLLERS 33759 2314053 147.36 01/30/25 VISTA PAINT CORP GRAFFITI PAINT 34096 2314093 778.52 TOTAL GRAFFITI CONTROL 925.88
10060600 FIRE SUPPRESSION
02/06/25 LINEGEAR FIRE & RESC DUTY PANTS - DUKELLIS 34149 3302 156.24 02/06/25 ON Q SAFETY EVOC DEFENSIVE DRIVING COURSE 34150 3305 2,400.00 02/06/25 COMPRESSED AIR SPECI REPAIR/SERVICE BAUER AIR COMPRESSOR 34151 2314111 592.00 02/06/25 TURNOUT MAINTENANCE REPAIR/CLEANING TURNOUTS 34152 2314156 170.00 02/06/25 ENTENMANN-ROVIN CO. FIRE BADGES/BUCKLES/CAP PIECES 34153 2314122 861.99 02/06/25 ARAMARK REFRESHMENT 12.1.23-12.31.23 LATE INVOICE COFFEE LEASE 34154 2314100 25.64 02/06/25 PURETEC INDUSTRIAL W DEIONIZED WATER SYSTEM STATION 1 34156 2314136 126.61 02/06/25 PURETEC INDUSTRIAL W DEIONIZED WATER SYSTEM STATION 2 34157 2314136 126.61 02/06/25 AMAZON IPAD CHARGING CABLES 34160 3280 43.44

TOTAL FIRE SUPPRESSION 4,502.53
10060601 PARAMEDICS
02/06/25 SUNSET SCREEN HELMET DECALS 34137 2314152 122.84 TOTAL PARAMEDICS 122.84
10060602 AMBULANCE SERVICES
02/05/25 LIFE ASSIST 1st AID/PARAMEDIC SUPPLIES 34132 3271 504.38 02/05/25 CARE AMBULANCE 1.21.25-2.3.25 CARE CONTRACT AMBULANCE 34146 3259 54,662.44 02/05/25 CARE AMBULANCE 12.1.24-12.31.24 SURGE AMBULANCE 34147 3259 22,845.00 02/06/25 CARE AMBULANCE 1.7.25-1.20.5 CONTRACT AMBULANCE 34148 3298 54,662.44 02/06/25 TELEFLEX FUNDING, LL 1st AID/PARAMEDIC SUPPLIES 34159 2314153 598.13 TOTAL AMBULANCE SERVICES 133,272.39
10060603 FIRE PREVENTION
02/06/25 AMAZON DESK LAMP 34126 3280 69.59
TOTAL FIRE PREVENTION 69.59
10060604 FIRE RESERVES
02/06/25 AMAZON DUTY BELT - RESERVES 34155 3280 43.83
TOTAL FIRE RESERVES 43.83
10070700 PATROL
01/30/25 CITY NET DEC 2024 - OUTREACH SERVICES 34038 2314039 31,416.64 01/30/25 GOLDEN WEST COLLEGE ACADEMY ENROLLMENT FEES - CJ G064, CRN: 33602 2314062 9,232.00 01/30/25 V&V MANUFACTURING, I CADET BADGES 11-15 & PSO BADGES 21-25 34043 2314092 1,275.96 01/30/25 RODDY, BENEDICT REIMBURSE MEALS/HOTEL SIG SAUER CLASS 34037 3246 286.17 01/30/25 HUGHES, JESSE REIMBURSE MEALS/MILEAGE/MOTEL SIG 34040 3230 514.46 01/30/25 AMAZON CHIEF KEURIG & THANK YOU CARDS 34039 3224 69.58 01/30/25 AMAZON NAMEPLATES 34044 3224 36.57
01/30/25 AMAZON SHOP TOWELS 34045 3224 27.18
02/06/25 ADLERHORST INTERNATI K9 POMIX DETECTION COURSE 34046 2314096 5,700.00 01/30/25 CRIME SCENE STERI-CL UNIT 414 CLEANUP 34055 2314045 300.00 01/30/25 CSULB FOUNDATION TUITION - FTO DEVELOPMENT PHU & NANCE 34048 2314046 598.00 01/30/25 AMAZON RECORDS SUPPLIES 34049 3224 95.60
TOTAL PATROL 49,552.16
10070701 INVESTIGATION
01/30/25 THOMSON REUTERS WEST DEC 2024 - PUBLIC RECORD SEARCHES 34036 2314088 613.39 01/30/25 DEPARTMENT OF JUSTIC DEC 2024 - PARTIAL PAYMENT OF PD LIVE 34035 2314051 228.00 TOTAL INVESTIGATION 841.39
10070702 TRAFFIC
01/30/25 ALL CITY MANAGEMENT 1/5 - 1/18/25 - CROSSING GUARDS 34052 3223 10,668.94 TOTAL TRAFFIC 10,668.94
10070704 S.W.A.T.
01/30/25 CITY OF WESTMINSTER 1/1/24 - 12/31/24 - WEST COUNTY SWAT RANGE 34042 2314040 992.00 TOTAL S.W.A.T. 992.00
10070705 L.E. COMMUNICATIONS
01/30/25 COUNTY OF ORANGE RADIO REPAIR 34047 2314044 734.50 01/30/25 SPARKLETTS PD WATER DELIVERY 12/31 & 1/14 34051 2314085 365.16 TOTAL L.E. COMMUNICATIONS 1,099.66

10070708 RANGE
01/30/25 ADKINS, BERTRUM A. JAN 2025 - RANGEMASTER 34056 3222 919.25 TOTAL RANGE 919.25
10080800 RECREATION CENTER
02/06/25 AMAZON OFFICE SUPPLIES RC 34063 3280 92.44
02/06/25 AMAZON OFFICE SUPPLIES - RENTALS BINDER 34064 3280 14.13 02/06/25 AMAZON RC SUPPLIES / EVENT SUPPLIES 34070 3280 44.46 02/06/25 SPECTRUM GAS PRODUCT SPECTRUM GAS HELIUM REFILL 34067 2314150 418.13 02/06/25 VERIZON WIRELESS CELLPHONES -RC PARK PATROL AND

34069 2314158 90.02
TOTAL RECREATION CENTER 659.18
10080801 ATHLETICS
02/06/25 AMAZON YOUTH BKB WHISTLES 34061 3280 10.86
01/30/25 MANHATTAN STITCHING YOUTH BASKETBALL JERSEYS AND COACHES 34068 2314075 1,333.95 02/06/25 VERIZON WIRELESS CELLPHONES -RC PARK PATROL AND

34069 2314158 77.39
02/06/25 REC SVCS REFUND REFUND NOT ENOUGH TEAMS 34131 2314138 545.00 02/06/25 REC SVCS REFUND REFUND UNABLE TO MAKE PRACTICES/GAMES 34164 2314139 80.00 TOTAL ATHLETICS 2,047.20
10080802 FIELD OPERATIONS
02/06/25 SPORTS FACILITIES GR FIELD ITEMS SOFTBALLS, BASES, 34163 2314151 1,695.40 TOTAL FIELD OPERATIONS 1,695.40
10080810 SENIOR & COMM CENTER
02/06/25 AMAZON Office Supplies 33730 3280 19.56
02/06/25 AMAZON Office Supplies 33731 3280 174.89
01/30/25 BLDG REFUND REFUND FOR RENTAL ON 2/9/25 33709 2314035 240.00 01/30/25 BLDG REFUND REFUND FOR RENTAL ON 4/5/25 33710 2314037 175.00 01/30/25 BLDG REFUND REFUND FOR RENTAL ON 5/25/25 34024 2314036 175.00 02/06/25 LEI JES CATERING CATERING FOR LUNAR NEW YEAR LUNCHEON 34116 3301 1,338.25 02/06/25 LEI JES CATERING CATERING FOR BILLIARDS TOURNAMENT 34479 3309 115.07 02/06/25 REFUND ONE-TIME REFUND FOR RENTAL ON 3/23/25 34202 2314143 75.00 02/06/25 REFUND ONE-TIME REFUND FOR RENTAL ON 4/5/25 34209 2314142 175.00 02/06/25 REFUND ONE-TIME REFUND FOR BILLIARD TOURNAMENT 34222 2314144 9.00 02/06/25 COM SVCS REFUND RFND DOUBLE CHG ON CC#3769 11.13.24 34485 2314162 49.00 TOTAL SENIOR & COMM CENTER 2,545.77
10080820 CONTRACT CLASSES
01/30/25 REFUND ONE-TIME REFUND FOR 373013-A1 33743 2314079 95.00 01/30/25 REFUND ONE-TIME REFUND FOR 373013-A1 34079 2314078 85.00 02/06/25 REC SVCS REFUND REFUND FOR 332151-A3 34083 2314140 102.33 02/06/25 REC SVCS REFUND REFUND FOR 311070-A1 34084 2314170 115.11 02/06/25 REC SVCS REFUND REFUND FOR SOCCER 2 CLASS 322042-A1 34208 2314172 159.00 02/06/25 REC SVCS REFUND REFUND FOR CLASS 313013-A2 34223 2314171 56.00 02/06/25 REC SVCS REFUND REFUND FOR 313013-A2 34225 2314174 56.00 02/06/25 REC SVCS REFUND REFUND FOR 313013-A2 34228 2314169 56.00 02/06/25 REC SVCS REFUND REFUND FOR 313031-A2 34235 2314173 56.00 TOTAL CONTRACT CLASSES 780.44
10080821 SPECIAL EVENTS

02/06/25 DMS FACILITY SERVICE DMS PORTERS FOR TREE LIGHTING 34071 2314118 558.00 02/06/25 AMAZON RC SUPPLIES / EVENT SUPPLIES 34070 3280 78.52 TOTAL SPECIAL EVENTS 636.52
10080823 PARK PATROL
02/06/25 VERIZON WIRELESS CELLPHONES -RC PARK PATROL AND

34069 2314158 100.83
TOTAL PARK PATROL 100.83
10093001 GENERAL FUND
01/30/25 THE PLANNING CENTER GENERAL PLAN UPDATE 33612 2314086 7,011.45 TOTAL GENERAL FUND 7,011.45
10097000 GF PROJ RECURRING
01/30/25 COUNTY OF ORANGE 1/1/25 - 3/31/25 - 800 MHZ AGREEMENT 34041 2314044 37,402.18 TOTAL GF PROJ RECURRING 37,402.18
11010050 ISF IS ADMIN CAPITAL
01/30/25 TYLER TECHNOLOGIES OCT24-SEP25 ERP PRO SOFTWARE ( INCODE) 33610 2314090 65,805.55 01/30/25 TYLER TECHNOLOGIES CREDIT - TYLER MUNIS 24/25 33740 2314090 (65,060.12) 02/06/25 GRANICUS, LLC GRANICUS ENCODING APPLIANCE SOFTWARE 34030 2314126 1,815.47 02/06/25 TEMPORARY STAFFING 12/30/24-1/5/25 ERIC FONG 34456 3310 2,217.60 01/30/25 TPX COMMUNICATIONS 1/9 - 2/8/25 CITY & PD PHONE LINES 34057 2314089 4,946.05 02/06/25 TEMPORARY STAFFING 1/6/25-1/12/25 ERIC FONG 34458 3310 2,875.95 02/06/25 TEMPORARY STAFFING 1/13-1/19/25 ERIC FONG 34459 3310 2,772.00 02/06/25 ADVANCED OFFICE / IN 1/15 - 2/15/25 RICOH COPIER LEASE 34129 2314097 2,163.58 02/06/25 ADVANCED OFFICE / IN 12/18 - 1/17/25 CONTRACT M-22588 OVERAGE 34128 2314098 6.98 02/06/25 TEMPORARY STAFFING 1/20-1/26/25 ERIC FONG 34461 3310 2,321.55 02/06/25 ADVANCED OFFICE / IN 12/26 - 1/25/25 CONTRACT 41290 OVERAGE 34127 2314098 395.64 02/06/25 INSIGHT PUBLIC SECTO ADOBE RENEWAL 2025 34187 3300 24,651.72 02/06/25 AMAZON DOCKING STATION 34184 3280 76.11
02/06/25 AMAZON POE INJECTORS, PHONE CORD 34186 3280 155.86 02/06/25 TEMPORARY STAFFING 1/27-2/2/25 ERIC FONG 34462 3310 2,772.00 TOTAL ISF IS ADMIN CAPITAL 47,915.94
11010104 ISF IS
02/06/25 AT&T MOBILITY 11/27 - 12/26/25 IT STAFF PHONES 33328 2314102 150.39 02/06/25 AT&T MOBILITY 11/27 - 12/26/25 EMERGENCY CELL 33331 2314104 143.50 02/06/25 AT&T MOBILITY 12/27 - 1/26/25 IT STAFF PHONES 34224 2314105 160.44 02/06/25 AT&T MOBILITY 12/27 - 1/26/25 EMERGENCY CELL 34226 2314106 143.54 TOTAL ISF IS 597.87
11094001 ISF IS FINANCE PRJ NON-REC
01/30/25 TYLER TECHNOLOGIES ERP IMP UB NOVEMBER 2024 - TROMBLEY 33605 2314090 1,400.00 01/30/25 TYLER TECHNOLOGIES ERP IMP UB 11/25, 11/26 - SIDES 33603 2314090 2,800.00 01/30/25 TYLER TECHNOLOGIES ERP IMP UB DECEMBER 2024 - TROMBLEY 33604 2314090 1,400.00 TOTAL ISF IS FINANCE PRJ NON-REC 5,600.00
11110000 ISF GB CITY HALL
01/30/25 SMARDAN SUPPLY CO. COUNCIL SINK REPAIR 34109 3249 27.02 01/30/25 SMARDAN SUPPLY CO. COUNCIL SINK REPAIR 34110 3250 50.33 01/30/25 SMARDAN SUPPLY CO. COUNCIL SINK REPAIR 34111 3251 69.15 02/06/25 AMAZON 6 PK DESK SHIELD FOR CITY HALL 34173 3285 84.80

01/30/25 GRAINGER, INC. FOUNTAIN VAULT EXHAUST FAN 34086 2314063 153.64 02/06/25 FRONTIER COMMUNICATI 1/25 - 2/24/25 T-1 METRO NET 34239 2314166 800.06 01/30/25 KEN'S LOCKSMITHERY HR DUPLICATE KEYS 34105 2314071 81.46 01/30/25 KEN'S LOCKSMITHERY HR REKEY 34106 2314072 226.28 02/06/25 FRONTIER COMMUNICATI 1/28 - 2/27/25 EOC LINES 34238 2314165 605.07 TOTAL ISF GB CITY HALL 2,097.81
11150000 ISF GB CITY YARD
01/30/25 AMTECH ELEVATOR SERV 2/1/25-2/28/25 ELEVATOR YARD 34091 3226 226.61 02/06/25 AT&T 12/22 - 1/21/25 FS2/CY/REC PARK PHONES 34058 2314101 211.36 01/30/25 REGENCY ENTERPRISES, FLEET LIGHTING REPAIR 34107 3240 55.87 01/30/25 REGENCY ENTERPRISES, FLEET LIGHTING REPAIR 34108 3241 188.14 01/30/25 GRAINGER, INC. YARD LIGHT POLE PLUGS 34087 2314064 100.43 02/06/25 AMAZON USB CHARGER CUBE 34171 3284 18.47
TOTAL ISF GB CITY YARD 800.88
11160001 ISF GB FS1
01/30/25 FRONTIER COMMUNICATI 1/13 - 2/12/25 FS#1 PHONE 33719 2314055 234.83 02/06/25 FRONTIER COMMUNICATI 1/22 - 2/21/25 FS#1 CKT 34231 2314163 41.55 TOTAL ISF GB FS1 276.38
11160002 ISF GB FS2
02/06/25 AT&T 12/20 - 1/19/25 FS#2 CKT METRO 34059 2314101 58.36 02/06/25 AT&T 12/22 - 1/21/25 FS2/CY/REC PARK PHONES 34058 2314101 211.35 TOTAL ISF GB FS2 269.71
11170000 ISF GB POLICE DEPARTMENT
02/06/25 AR INDUSTRIES EMERGENCY DOOR REPAIR 33553 2314099 4,593.81 01/30/25 FRONTIER COMMUNICATI 1/7 - 2/6/25 JAIL PHONE 33720 2314056 130.49 01/30/25 FRONTIER COMMUNICATI 1/13 - 2/12/25 PD DISPATCH FAX 33721 2314057 129.41 01/30/25 AMTECH ELEVATOR SERV 2/1/25-2/28/25 ELEVATOR PD 34090 3225 204.88 01/30/25 DAVID CROWELL ELECTR PD SERVER ROOM ELECTRICAL REPAIR 34093 2314049 490.00 01/30/25 DAVID CROWELL ELECTR REPLACE CONTRACTOR FOR EXTERIOR 34072 2314048 1,392.00 02/06/25 FRONTIER COMMUNICATI 1/28 - 2/27/25 PD DISPATCH 34233 2314164 500.48 TOTAL ISF GB POLICE DEPARTMENT 7,441.07
11180000 ISF GB REC CENTER
02/06/25 AT&T 12/22 - 1/21/25 FS2/CY/REC PARK PHONES 34058 2314101 211.35 TOTAL ISF GB REC CENTER 211.35
11180001 ISF GB SR CENTER
01/30/25 AMTECH ELEVATOR SERV 2/1/25-2/28/25 ELEVATOR SENIOR CENTER 34092 3227 194.80 01/30/25 ROAD RUNNER EXTERMIN 1/2025 PEST CONTROL SENIOR CENTER 34094 3242 144.00 TOTAL ISF GB SR CENTER 338.80
11250001 PW - FLEET MGMT
02/06/25 SC COMMERCIAL LLC BULK DIESEL FOR FS-1 34219 3306 4,259.03 02/06/25 AMAZON 18V BATTERY 34178 3286 97.82
01/30/25 THEODORE ROBINS FORD PART FOR UNIT 224 33763 2314087 90.75 01/30/25 FACTORY MOTOR PARTS PART FOR UNIT 287 33765 2314054 51.57 01/30/25 THEODORE ROBINS FORD UNIT 307 BCM REPAIRS 33762 2314087 1,071.64 01/30/25 GARDEN GROVE HYUNDAI PARTS AND BATTERY FOR UNIT 293 33764 2314059 620.72

01/30/25 RINCON TRUCK CENTER, STOCK PARTS 33770 2314081 112.97 02/06/25 SC COMMERCIAL LLC BULK DIESEL FOR FS-1 34218 3306 3,795.91 02/06/25 SC COMMERCIAL LLC BULK GAS FOR FS-1 34220 3306 1,762.57 01/30/25 DEPT 143 TIRES FOR UNIT 293 33766 2314052 287.21 01/30/25 RINCON TRUCK CENTER, STOCK PARTS 33769 2314081 40.73 01/30/25 DANIEL'S TIRE SERVIC STOCK SHOP TIRES 33767 2314047 1,794.31 01/30/25 FACTORY MOTOR PARTS BATTERIES FOR FIRE ENGINE UNIT 8210 33768 2314054 830.25 01/30/25 RINCON TRUCK CENTER, STOCK PARTS 33771 2314081 209.72 02/06/25 CRASH CHAMPIONS - FO UNIT 419 ACCIDENT REPAIRS 34211 2314114 3,169.23 02/06/25 DEPT 143 ALIGNMENT FOR UNIT 271 34217 2314117 119.00 02/06/25 RINCON TRUCK CENTER, STOCK PARTS 34234 2314146 180.16 02/06/25 NAPA AUTO PARTS BATTERY FOR UNIT 430 34232 2314135 231.94 02/06/25 DANIEL'S TIRE SERVIC TIRES FOR UNIT 207 34230 2314115 609.34 02/06/25 WURTH USA INC. SHOP SUPPLIES 34216 2314161 144.50 02/06/25 E.G. ENTERPRISES DIESEL SMOG UNIT 8627 34236 2314119 125.00 TOTAL PW - FLEET MGMT 19,604.37
11360053 ISF EQ FD R&C CAPITAL
02/06/25 L.N. CURTIS & SONS TRANSPORTATION CHARGES STABILIZATION 34161 2314131 278.34 02/06/25 L.N. CURTIS & SONS FIRE VEHICLE STABILIZATION EQUIPMENT 34162 2314130 23,469.50 TOTAL ISF EQ FD R&C CAPITAL 23,747.84
11380053 ISF EQ R&C CAPITAL
01/30/25 GAME ROOM SPECIALIST REFELTING/RELEVING OF 4 BILLIARDS TABLES 34033 2314058 3,148.75 01/30/25 AR INDUSTRIES INSTALL NEW ADA AUTOMATED DOOR 33737 2314034 14,040.00 TOTAL ISF EQ R&C CAPITAL 17,188.75
11400411 SELF INSURANCE
02/06/25 EMPLOYMENT DEVELOPME OCT-DEC 2024 ACCT #932-0092-1 UNEMP 34439 2314121 2,378.00 02/06/25 HARPER AND BURNS, LL DEC. '24 - CLAIMS LITIGATION 34120 2314127 5,515.06 01/30/25 LAW OFFICE OF COREY CLAIM SETTLEMENT 33761 2314073 15,000.00 TOTAL SELF INSURANCE 22,893.06
11400430 SELF INSURANCE
02/06/25 THE LINCOLN NATIONAL FEB 2025 LIFE INSURANCE/LTD/ADD/EAP 34210 2314155 3,118.29 TOTAL SELF INSURANCE 3,118.29
11500000 ISF EMPLOYEE BENEFITS
01/30/25 SEGGIE, SEAN FEBRUARY 2025 ADPP 33530 3248 4,642.20 01/29/25 SEGGIE, SEAN PAYROLL REIMBURSEMENT-SEGGIE, SEAN 34062 2314032 68.47 01/29/25 WRIGHT, ERIN PAYROLL REIMBURSEMENT-WRIGHT, ERIN 34066 2314033 74.03 02/06/25 MUNICIPAL DENTAL POO FEB 2025 DELTA DENTAL PPO 33599 2314133 11,020.55 02/06/25 MUNICIPAL DENTAL POO FEB 2025 DELTA DENTAL HMO 33600 2314134 1,814.76 02/06/25 THE LINCOLN NATIONAL FEB 2025 LIFE INSURANCE/LTD/ADD/EAP 34210 2314155 1,296.89 02/05/25 FOUNTAIN VALLEY POLI PR PPE250131 - DED 8002 34440 3262 2,400.00 02/05/25 FOUNTAIN VALLEY CRED PR PPE250131 - DED 9500 34441 3260 33,966.60 02/05/25 FOUNTAIN VALLEY FIRE PR PPE250131 - DED 8000 34442 3261 2,887.03 02/06/25 EMPOWER/BENEFITS COR PR PPE250131 - DED 7031,7032,7033,7036 34443 3255 69,315.12 02/06/25 CALIFORNIA STATE DIS PR PPE250131 - DED 6004, 6007 34444 3256 983.43 02/05/25 MISSION SQUARE RET P PLAN #803216 - PR PPE250131 - DED 2013, 2015 34445 3272 2,530.60

02/05/25 MISSION SQUARE RET P PLAN #800389 - PR PPE250131 - DED 2011 34446 3273 1,020.42 02/05/25 MISSION SQUARE RET P PLAN #800414 - PR PPE250131 - DED 2014 34447 3274 218.03 02/05/25 MISSION SQUARE RET P PLAN #108536 - PR PPE250131 - DED 2018 34448 3275 576.90 02/05/25 U.S. BANK N.A. PR PPE250131 - DED 7029, 7030 34449 3279 3,326.31 02/05/25 FVPOA PAC PR PPE250131 - DED 8005 34450 3263 510.00 02/06/25 INTERNAL REVENUE SER PR PPE250131 - DED 1100, 3000 34451 3257 170,737.33 02/06/25 EMPLOYMENT DEVELOPME PR PPE250131 - DED 4000 34452 3258 56,996.71 02/05/25 TEAMSTERS LOCAL UNIO PR PPE250131 - DED 8003 34453 3276 250.00 02/05/25 TEAMSTERS LOCAL UNIO PR PPE250131 - DED 8004 34454 3277 362.50 02/05/25 TEAMSTERS LOCAL UNIO PR PPE250131 - DED 8001 34455 3278 362.50 TOTAL ISF EMPLOYEE BENEFITS 365,360.38
11500450 EMPLOYEE BENEFITS
02/06/25 MUNICIPAL DENTAL POO FEB 2025 DELTA DENTAL PPO 33599 2314133 12,078.76 02/06/25 MUNICIPAL DENTAL POO FEB 2025 DELTA DENTAL HMO 33600 2314134 462.66 02/06/25 MISSION SQUARE RET P MAR 2025 - PLAN #803210-RETIREE REIMB. 34165 3304 148,872.81 02/06/25 MARQUEZ, ISAAC E TUITION REIMBURSEMENT (BCJ 403, BCJ 470, 34481 3303 1,215.00 TOTAL EMPLOYEE BENEFITS 162,629.23
23030310 CDBG CODE ENFORCEMENT
02/06/25 VERIZON WIRELESS 1/26-2/25/25 CELL PHONES & IPADS 34467 2314159 80.07 TOTAL CDBG CODE ENFORCEMENT 80.07
23030313 CDBG NEIGHBOORHOOD REVITA
01/30/25 LEIFKES CONSULTING, CDBG HOME IMPROVEMENT PROGRAM 34026 3236 3,040.00 TOTAL CDBG NEIGHBOORHOOD REVITA 3,040.00
23030315 CDBG PUBLIC SERVICE
01/30/25 SENIOR SERVICE PSA SUB-RECIPIENT GRANT PER 24-25 ACTION 33573 2314082 1,935.00 01/30/25 SENIOR SERVICE PSA SUB-RECIPIENT GRANT PER 24-25 ACTION 33574 2314082 3,048.00 01/30/25 WAYMAKERS PSA SUB-RECIPIENT GRANT PER 24-25 ACTION 33575 3254 1,008.91 TOTAL CDBG PUBLIC SERVICE 5,991.91
30095300 CAPITAL IMP - FACILITIES
01/30/25 KYA SERVICES LLC JUL 2024 - PRE-CON SVCS FOR CH REMODEL 33634 3233 3,468.75 01/30/25 INTERWEST CONSULTING NOV 2024 - PD LOCKER IMPROVEMENTS 33744 3232 8,360.00 01/30/25 INTERWEST CONSULTING NOV 2024 - UNIVERSALLY ACCESSIBLE 33748 3231 1,387.50 01/30/25 INTERWEST CONSULTING DEC 2024 - PD LOCKER IMPROVEMENTS 33747 3232 2,320.00 01/30/25 INTERWEST CONSULTING DEC 2024 - UNIVERSALLY ACCESSIBLE 33749 3231 525.00 TOTAL CAPITAL IMP - FACILITIES 16,061.25
30095302 CAPITAL IMP - PAVEMENT REHAB
01/30/25 BUCKNAM INFRASTRUCTU NOV 2024 - PMP UPDATE 33522 2314038 3,272.58 01/30/25 BUCKNAM INFRASTRUCTU DEC 2024 - PMP UPDATE 33523 2314038 7,062.61 TOTAL CAPITAL IMP - PAVEMENT REHAB 10,335.19
50040403 WF UTILITY BILLING
02/06/25 INFOSEND, INC DEC 2024 UTILITY BILLING PRINTING - PLUS 33353 2314128 5,823.52 TOTAL WF UTILITY BILLING 5,823.52
50050570 WF WTR PROD. OPNS
02/06/25 VARIABLE SPEED SOLUT VFD INSPECTION/CLEANING 33659 2314157 3,200.00 02/06/25 AMAZON DESK CALENDARS 34194 3293 76.32

02/06/25 AMAZON STAINLESS STEEL WALL MOUNTS 34190 3289 208.72 02/06/25 AMAZON STAINLESS STEEL WALL MOUNTS 34191 3290 52.18 01/28/25 ORANGE COUNTY WATER OCWD WELL RPLNSHMNT JUL-DEC24 33369 3106 3,164,249.60 02/06/25 SMARDAN SUPPLY CO. PVC SKID PROJECT 33533 3307 617.79 02/06/25 SO CALIF EDISON CO 12/7/24-1/7/25 RES 2 AND WELLS 33712 2314149 89,324.03 01/30/25 MUNICIPAL WATER DIST DEC 2024 - IMPORT WATER - BREAK 33772 2314076 3,265.60 02/06/25 EXELE INFORMATION SY SCADA LICENSE 33657 2314123 547.50 02/06/25 AMAZON PENS, NOTEBOOKS 34207 3296 52.00
TOTAL WF WTR PROD. OPNS 3,261,593.74
50050571 WF DISTRIBUTION SYSTEM
01/30/25 BUCKNAM INFRASTRUCTU NOV 2024 - GIS O&M SUPPORT 33520 2314038 720.00 02/06/25 INFOSEND, INC DEC 2024 UTILITY BILLING PRINTING - PLUS 33353 2314128 69.42 01/30/25 BUCKNAM INFRASTRUCTU DEC 2024 - GIS O&M SUPPORT SERVICES 33521 2314038 555.00 01/30/25 MUNICIPAL WATER DIST DEC 2024 - TURF REMOVAL & S2D 34085 2314077 312.00 01/30/25 JILL PROMOTIONS BLUE RULERS FOR WATER EDUCATION 34114 2314070 3,163.24 TOTAL WF DISTRIBUTION SYSTEM 4,819.66
50050572 WF WTR QUAL & TREATMENT
02/06/25 AMAZON MINI ENGRAVING PEN 34192 3291 76.09
02/06/25 AMAZON SILICONE KEY SET, OTTERBOX PHONE COVER 34168 3281 51.04 TOTAL WF WTR QUAL & TREATMENT 127.13
50095001 WATER FUND
01/30/25 RICHARD C. SLADE & A JUL 2024 - WELL NO. 11 HYDROGEOLOGIC 33757 2314080 2,930.75 01/30/25 GENERAL PUMP CO., IN OCT 2024 - WELL NO. 11 PP 13 34034 2314060 9,250.00 01/30/25 JIG CONSULTANTS 7/01-12/22/24 -MT BALDY EUCLID WATERLINE 33751 2314069 1,956.25 TOTAL WATER FUND 14,137.00
50150580 SF SEWER MAINTENANCE
01/30/25 GOLDEN BELL PRODUCTS ROACH CONTROL 33741 2314061 486.00 02/06/25 AMAZON METAL DETECTOR, 3 PK USB FLASH DRIVE 34181 3287 181.34 02/06/25 AMAZON HEAD SETS FOR CCCTV EQUIPMENT 34169 3282 184.86 01/30/25 LIFECOM GAS DETECTOR QUARTERLY CALIBRATION 34113 2314074 80.00 02/06/25 RED WING BUSINESS AD SAFETY BOOTS- STAN K 2025 34468 2314141 215.00 01/30/25 HAAKER EQUIPMENT COM TRAFFIC ARROW BOARD REPAIR #323 34112 2314065 434.79 TOTAL SF SEWER MAINTENANCE 1,581.99
50250590 SWF SOLID WASTE
02/06/25 REPUBLIC SERVICES, I DEC 2024 RUBBISH HAULING 33618 2314145 392,884.88 TOTAL SWF SOLID WASTE 392,884.88
TOTAL $4,892,957.15

CITY OF FOUNTAIN VALLEY

CITY COUNCIL

COUNCIL ACTION REQUEST
To: Honorable Mayor and Agenda Date: February 18, 2025
Members of the City Council
SUBJECT: City of Fountain Valley Six Month Strategic Objectives Update for September 26, 2024 through March 27, 2025.

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 26, 2024 the City Council held a strategic planning session with the executive management team and department managers. The Strategic Plan was then presented to the City Council at the October 15, 2024 City Council Meeting for adoption. Those who were in attendance collaborated to establish the City’s six-month strategic planning objectives for September 26, 2024 through March 27, 2025. The strategic plan has and will continue to serve as a guideline for the Council and City staff as we work to achieve our goals over the next few years. The Strategic Plan goals on the attached spreadsheet have been updated so that the City Council can see the progress that has been made on the action items.

DISCUSSION:

During the City’s Strategic Planning session on September 26, 2024, the City Council, executive management team and the department managers discussed achievements and missed opportunities.

There were group discussions that led to the creation of the City’s six-month strategic planning objectives. As adopted the vision and mission statements are:

The City of Fountain Valley vision statement is:

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

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

City of Fountain Valley Strategic Plan
February 18, 2025

Through collaborative efforts, the City Council and City staff finalized the six-month strategic objectives matrix for September 26, 2024, through March 27, 2025 (Attachment No. 1) in support of the new goals for 2023-2026.

FISCAL REVIEW:

The fiscal impact has been budgeted in Fiscal Year 2024-25.

PUBLIC NOTIFICATION:

Not applicable.

ENVIRONMENTAL IMPACT REVIEW:

Not applicable.

ATTORNEY REVIEW:

The Attorney for the City has reviewed this item.

ALTERNATIVES:

Alternative No. 1: Receive and File the updated strategic objectives matrix for September 26, 2024 through March 27, 2025
Alternative No. 2: Direct staff to take an alternate action.

RECOMMENDATION:

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

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

1. Six Month Strategic Objectives Matrix for September 26, 2024 through March 27, 2025

A

C I T Y O F F O U N T A I N V A L L E Y

SIX-MONTH STRATEGIC OBJECTIVES
S e p t e m b e r 2 6 , 2 0 2 4 – M a r c h 2 7 , 2 0 2 5 City of Fountain Valley Vision Statement
Fountain Valley is a safe, inclusive, and desirable community where you can live your best life! City of Fountain Valley Mission Statement
The City of Fountain Valley is a team-driven organization committed to providing excellent service to our community through our core values.

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

WHEN WHO WHAT STATUS COMMENTS

DONE ON
TARGET
REVISE
D

1. By November
19, 2024 City
Council
Meeting.

Community Services
Director
Present opportunities and challenges related to
bringing more festivals to Fountain Valley.

X Presented at 11/19 City Council
meeting.

2. By December
17, 2024 to the
City Manager.

Police Chief Present a plan for increased community engagement and outreach.

X Presented a memo to the City
Manager on the community policing
strategic plan.

3. By March 4,
2025 City
Council
Meeting.

Community Services
Director
Present a proposal to the City Council for the creation of a 70th Anniversary Committee.

X

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

AND RETAIN REVENUE PRODUCING BUSINESSES/OPPORTUNITIES

WHEN WHO WHAT STATUS COMMENTS

DONE ON
TARGET
REVISE
D

1. By October 1, 2024,
City Council
Meeting
Finance Director Present an update to the City’s Reserve Policy for adoption.

X The City Council approved the City’s
Reserve Policy on October 1.

2. Ongoing with a
progress report by
March 18, 2025,
City Council
Meeting
Deputy City
Manager/Community
Development Director
Continue the implementation of the Economic
Development Action Plan with a focus on the north-east
section of the City.

X Staff continues to implement the
EDA and will be prepared to report
on March 18, 2025.

3. By March 27, 2025,
Strategic Planning
Session
Fire Chief, Finance
Director and
Community
Development Director
Present fire impact fee option. X Will provide an update at the strategic planning session on 3/27.

4. By March 4, 2025
City Council
Meeting.

Finance Director and
Attorney for the City
Present the process and strategies, and garner direction from the City Council to place a TOT increase on the
November 2026 Ballot.

X Will present at the March 4 meeting.

5. By March 4, 2025
City Council
Meeting.

Finance Director Present a recommendation for a Biennial Budget process. X Will present at the March 4 meeting.

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

BEST PRACTICES AND TRENDS

WHEN WHO WHAT STATUS COMMENTS

DONE ON
TARGE
T
REVIS
ED

1. By January
21, 2025
City Council
Meeting.

The Engagement
Team and HR
Director
Present recommendations based on the 4/10 Pilot Program survey results, which may include a work-from-home
schedule.

X The Engagement Team presented the
4/10 survey results from external
customers and City Hall staff. The City
Council majority supported the permanent
4/10 work schedule at the January 21 City
Council Meeting.

2. By January
21, 2025
City Council
Meeting.

The Employee
Engagement
Committee, Fire
Chief, and Finance
Director.

Present options for the expansion of the Employee
Appreciation Program.

X The Engagement Team presented plans
for 2025 to City Council on January 21.

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

GROWTH AND FUTURE NEEDS OF THE CITY

WHEN WHO WHAT STATUS COMMENTS

DONE ON
TARGET
REVISE
D

1. March 27, 2025
Strategic
Planning Session
Fire Chief, Deputy
City Manager, and
Public Works Director
Present Fire Station 1 funding options. X The directors will present the options for discussion at the
March 27 strategic planning
session.

2. By January 21,
2025, Council
Communicator
IT Director Monitor generative artificial intelligence discussions via the Municipal Information System Association of California and professional organizations to prepare a policy in the organization as needed based on best practices.

Look into options for Generative AI for Fountain Valley and budget costs next fiscal year.

X Continuing to work as a
committee member for AI with
MISAC and monitoring San
Jose AI (Gov AI Coalition). IT
is gathering information to
build a city policy and use.

Microsoft recently released AI
for the government sector. IT
is currently in the process of
purchasing Microsoft AI
licenses that Council
approved. We will begin
Microsoft Co-Pilot AI testing
with department directors. We
will continue monitoring larger
organizations (with security
teams and AI specialist
staffed in their departments)
and look to implement AI in
the future for our city.

3. By March 5, 2025
to the City
Manager
Finance Director,
Police Chief, and
Public Works Director
Present recommendations on the additional upgrades and
updates to the Police Department building.

X The PD E.A.T. is preparing
items to share with the City
Manager.

4. By October 15,
2024 and March
4, 2025 City
Council Meeting
Public Works Director Secure vendor and provide an update on the Water Master Plan.

X Professional services contract
awarded October 15, 2024.

5. By February 4,
2025 City Council
Meeting
Community Services
Director
Present recommendations for the installation of an
electronic message board at the entrance to the FV
Recreation Center, as well as a permanent bandstand in
the park.

X Presented at the February 4
and received direction to
bring back with specifics in
April.

CITY OF FOUNTAIN VALLEY

CITY COUNCIL

COUNCIL ACTION REQUEST
To: Honorable Mayor and Agenda Date: February 18, 2025
Members of the City Council
SUBJECT: Amendment to Contract with Kling Consulting Group, Inc. for On-Call Engineering Geology and Geotechnical Engineering Review Services Three-Year Strategic Goals
☐ Enhance the culture and environment of “A Nice Place to Live” ☐ Achieve fiscal stability by evaluating processes, and attract and retain revenue producing businesses/opportunities
☐ Attract and retain quality staff through best practices and trends ☐ Maintain, build, and modernize infrastructure to support growth and future needs of the City
☒ Not applicable
EXECUTIVE SUMMARY:

Staff recommends amending the existing contract with Kling Consulting Group, Inc. for on-call engineering geology and geotechnical engineering review services. The original contract, executed for a three-year term at a not-to-exceed amount of $210,000 includes an option for two one-year term extensions. This amendment will exercise the first one-year extension and increase the total contract amount by $90,000, bringing the new not-to-exceed total to $300,000. The amended contract will now expire on November 1, 2025.

The services provided under this contract support private development projects and are fully funded by private developers. Extending the contract ensures continued timely review of geotechnical reports and related services, helping to facilitate private development while maintaining compliance with applicable building code regulations and industry standards.

Additionally, City staff will initiate a Request for Proposals (RFP) process six (6) months prior to the end of the second one-year extension to ensure a competitive selection process for future on-call geotechnical review services beyond the amended contract term.

DISCUSSION:

Kling Consulting Group, Inc. was originally selected through the city’s competitive RFP process to provide on-call engineering geology and geotechnical engineering review services. The contract was awarded for a three-year term with a total not-to-exceed amount of $210,000, along with an option to extend the contract for up to two additional one-year terms.

Amendment to Kling Consulting Group, Inc. Contract
February 18, 2025

This consultant performs geotechnical reviews for private development projects, ensuring compliance with applicable local, state, and federal regulations. These services are critical in assessing site stability, soil conditions, and other geological factors that impact construction safety and feasibility. The contract provides flexibility to respond to fluctuating development activity while maintaining consistency in the review process.

Over the initial term, Kling Consulting Group, Inc. has provided high-quality, timely geotechnical reviews, supporting the City in evaluating development projects and other engineering efforts requiring specialized geological and geotechnical expertise. Their work has been instrumental in ensuring the safety, stability, and regulatory compliance of various projects.

The proposed amendment includes the following changes:

1. Exercising the City’s option for a one-year extension, extending the contract through November 1, 2025.

2. Increasing the not-to-exceed amount by $90,000, bringing the total contract value to $300,000.

These changes will allow continued review of geotechnical reports submitted by private developers, ensuring that all projects meet the required safety and engineering standards.

FISCAL REVIEW:

There is no direct fiscal impact to the City as all costs associated with this contract are fully funded by private developers. Fees collected from developers for geotechnical review services will cover the cost of the consultant’s work. No additional appropriations are required.

ATTORNEY REVIEW:

The Attorney(s) for the City of Fountain Valley has reviewed and approved the amended contract for Kling Consulting Group, Inc. for on-call engineering geology and geotechnical review services.

ALTERNATIVES:

Alternative No. 1: Approve the contract amendment for Kling Consulting Group, Inc. for oncall engineering geology and geotechnical engineering review services for a one-year extension and increase the not-to-exceed amount by $90,000.

Alternative No. 2: Do not approved the contract amendment for Kling Consulting Group, Inc. for on-call engineering geology and geotechnical engineering review services for an additional one-year extension and increase the not-toexceed amount by $90,000. Be advised that this could delay the processing of building permits that require engineering geology and geotechnical engineering review services.

Amendment to Kling Consulting Group, Inc. Contract
February 18, 2025

RECOMMENDATION:

Staff is requesting City Council approval of Alternative No. 1 to approve the contract amendment for Kling Consulting Group, Inc. for on-call engineering geology and geotechnical engineering review services for a one-year extension and increase the not-to-exceed amount by $90,000.

Prepared by: Darik Doggett, Building Official
Reviewed by: Omar Dadabhoy, Community Development Director/ Deputy City Manager Fiscal review by: Ryan Smith, Finance Director/City Treasure Approved by: Maggie Le, City Manager
Attachments:

1. Original Contract with Kling Consulting Group, Inc.

2. Proposed Contract Amendment

AMENDMENT NO. 1 TO CON 21-75 FOR ON-CALL ENGINEERING GEOLOGY AND GEOTECHNICAL

ENGINEERING REVIEW SERVICES
THIS FIRST AMENDMENT to CON 21-75 is made and entered into this 18th day of February, 2025, by and between the City of Fountain Valley (hereinafter “CITY”) a municipal corporation (hereinafter “CITY”), and Kling Consulting Group, Inc. (hereinafter “CONSULTANT”).

Recitals
WHEREAS, CITY and CONSULTANT previously entered into an Agreement for on-call engineering geology and geotechnical engineering review services on or about November 1, 2021 (“AGREEMENT”); and
WHEREAS, the AGREEMENT was for an amount not-to-exceed $210,000.00 and expired November 1, 2024; and
WHEREAS, CITY desires to exercise its option under the AGREEMENT for the first of its additional one year term; and

WHEREAS, the parties agree CITY shall pay CONSULTANT additional compensation of an amount not to exceed $90,000.00 for the one year term.

Now therefore, the parties do hereby agree that:

1. The AGREEMENT shall be extended for an additional one year term and expire on November 1, 2025.

2. The compensation provided to CONSULTANT shall be increased by an amount not to exceed $90,000.00 for the first one-year term extension.

3. Except as specifically stated herein, all other terms and conditions of the AGREEMENT, as amended, shall remain in full force and effect.

ATTEST: CITY OF FOUNTAIN VALLEY:
______________________________ ____________________________ City Clerk, Rick Miller Mayor, Ted Bui

Approved as to Form: CONSULTANT

HARPER & BURNS LLP
___________________________ _____________________________ Attorneys for the City Kling Consulting Group, Inc
City of Fountain Valley
Approved as to Content:
___________________________
Omar Dadabhoy, Community Development Director

To: Honorable Mayor and
Members of the City Council

CITY OF FOUNTAIN VALLEY

CITY COUNCIL

COUNCIL ACTION REQUEST
Agenda Date: February 18, 2025
SUBJECT: Request to Destroy Police Department Records
Three-Year Strategic Goals
□ Enhance the culture and environment of "A Nice Place to Live" □ Achieve fiscal stability by evaluating processes, and attract and retain revenue producing businesses/opportunities
□ Attract and retain quality staff through best practices and trends □ Maintain, build, and modernize infrastructure to support growth and future needs of the City
Not applicable
EXECUTIVE SUMMARY:

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

DISCUSSION:

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

FISCAL REVIEW:

There is no fiscal impact related to this item.

PUBLIC NOTIFICATION.:

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

ENVIRONMENTAL IMPACT REVIEW:

Not applicable.

ATTORNEY REVIEW:

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

ALTERNATIVES:

Alternative No.1: Authorize the City Clerk to destroy the Police Department records contained in the records destruction requests.

Alternative No. 2: Do not authorize the City Clerk to destroy the Police Department records contained in the records destruction requests. The records will be retained.

RECOMMENDATION:

Staff recommends that the City Council approve Alternative 1: Authorize the City Clerk to destroy the Police Department records contained in the records destruction requests.

Prepared by:

Reviewed by:

Approved by:

Rick Miller, City Clerk
Alexandra M. Halfman, Attorneys for the City
Maggie Le, City Manager

RESOLUTION NO. ____

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF FOUNTAIN VALLEY AUTHORIZING THE

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

PASSED, APPROVED AND ADOPTED this 18th day of February, 2025, by the following vote:

Ayes:

Nays:

Absent:

Abstain:

ATTEST:

Rick Miller, City Clerk Ted Bui, Mayor
APPROVED AS TO FORM AND CONTENT:

HARPER & BURNS LLP
____________________________
Alex Halfman, Attorneys for the City

February 11, 2025

CITY OF FOUNTAIN VALLEY

CITY COUNCIL

COUNCIL ACTION REQUEST
To: Honorable Mayor and Agenda Date: February 18, 2025
Members of the City Council
SUBJECT: Award of Contract Amendment to Placeworks to Provide Environmental Services for Proposed Euclid & Heil Project located at 16300 Euclid Street (Northeast Corner of Euclid Street and Heil Avenue)
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
EPD Solutions has submitted a request, on behalf of the property owner (Shopoff Realty Investments), to construct a 606-unit development consisting of a 5-story wrap apartment building with 304 units, a senior affordable apartment building with 83 units, 183 3-story townhomes, and 36 2-story attached triplex units located at 16300 Euclid Street (“Project”).

The Project will include the processing of a Precise Plan for the construction of the Project, a Conditional Use Permit for the use of multi-family dwellings in a R4 – High Density Multiple Dwelling zone, a Tentative Parcel Map for the subdivision of the existing property, and a Density Bonus and Affordable Housing Agreement for the proposed density bonus and affordable units proposed for the Project.

Pursuant to the provisions of the California Environmental Quality Act (“CEQA”), an environmental assessment must be conducted to identify any potential environmental impacts associated with the proposed project before the Planning Commission considers the Project. The applicant will be responsible for paying the cost of the environmental assessment plus staff time to review.

City Council approved an Environmental Services contract for this Project on April 2, 2024 in the amount of 112,642. The Proposed amendments will increase the Contract an additional $40,111 to $152,753.

DISCUSSION
On January 22, 2024, EPD Solutions submitted a request, on behalf of the property owner (Shopoff Realty Investments), to construct a 626-unit development consisting of a 5-story wrap apartment building with 407 units, 183 3-story townhomes, and 36 2-story attached triplex units located at 16300 Euclid Street.

On April 2, 2024, the City Council approved an Environmental Services contract to Placeworks to prepare an Addendum to the 2023 certified Environmental Impact Report (“EIR”) for the General Plan Update in conformance with CEQA Guidelines. The Addendum

Placeworks Contract Amendment request
February 18, 2025

to the EIR will analyze project-specific impacts as well as any changes in circumstances since the EIR was certified that could result in new or greater significant impacts than were identified in the certified EIR. The analysis will include technical studies including an air quality/greenhouse gas analysis, energy analysis, noise and vibration analysis, water supply assessment, and a peer review of the applicant’s transportation impact analysis and level of service traffic study.

On September 23, 2024, Placeworks submitted a request for a contract amendment to complete the air quality and Green House Gases (GHG) emissions modeling and analysis to account for remodeling purposes. The original modeling efforts were set up for a single-phase development because previous construction data requests received by the applicant noted that construction would occur under one phase. However, new phasing information received on August 21, 2024, showed two development phases after the receipt of the construction data requests and original modeling.

On January 22, 2025, EPD Solutions submitted a revision to the Project that included the construction of a 606-unit development consisting of a 5-story wrap apartment building with 304 units, a senior affordable apartment building with 83 units, 183 3-story townhomes, and 36 2-story attached triplex units located at 16300 Euclid Street. Based on the applicant’s change of the inclusion of a senior affordable apartment building component, an additional construction phase will require Placeworks to re-evaluate short-term and long-term criteria air pollutant emissions and GHG emissions from original modeling efforts. Additional budget is also required to assess the analytical approach taken and mitigation measures identified for the construction health risk assessment to reduce project-related construction health risk impacts to below the health risk significance thresholds.

The following is a breakdown of Placeworks proposal.

Cost Estimate
Original Contract total Cost $112,642
Proposed Amendments to Contract $40,111
Total $152,753

FINANCIAL REVIEW
There is no financial impact associated with approving the proposed contract. The Project applicant has submitted a check in the amount of $129,538.30 which is the combination of the contract price of $112,642 and $16,896.3 (15% of the contract price) as required by the 2020-2021 Comprehensive Fee Schedule (Resolution No. 9778) adopted by the City Council on February 2, 2021.

The new fee schedule adopted on May 7, 2024 through Resolution 9927 requires 30% of the contract price for staff review. Since the applicant is processing a SB330 application, they are locked in to the fees set by the city at the time they filed their application. Therefore, under Resolution 9778, they are locked in at a 15% staff review fee. Therefore, the additional $40,111 will require an additional $6,016.65 (15% of the contract amendment price) as required by Resolution. The total Project breakdown cost is below.

Placeworks: $112,642.00
15% for staff review (Resolution 9778): $16,896.30

Placeworks Contract Amendment request
February 18, 2025

Amendments to Contract $40,111.00
15% for staff review (Resolution 9778): $6,016.65
Project Total: $175,665.95
The cost of services for the proposed contract will be deposited by the Project applicant and will match the amount to deposited to the city, thus resulting in no net loss in funds. Therefore, there will be no financial impact associated with approving the proposed contract.

PUBLIC NOTIFICATION
This item does not require public notification.

ENVIRONMENTAL IMPACT REVIEW
Not applicable.

ATTORNEY REVIEW
The Attorney for the City has reviewed and approved the attached contract.

ALTERNATIVES
Alternative No. 1: Approve contract amendments to Placeworks for planning and environmental services as specific in the attached scope of work.

Alternative No. 2: Do not aware a contract to Placeworks and direct staff to secure the services of another environmental consultant.

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

RECOMMENDATION
Staff is requesting City Council approval of Alternative No. 1 to approve contract amendments to Placeworks for planning and environmental services as specific in the attached scope of work.

Prepared by: Steven Ayers, Principal Planner
Reviewed by: Omar Dadabhoy, Deputy City Manager/Community Development Director
Procurement Review by: Amanda McCall, Mgmt. Analyst/Purchasing Officer Fiscal Review by: Ryan Smith, Finance Director
Approved by: Maggie Le, City Manager
Attachments: 1: Contract with Placeworks
2: Proposed amendments to contract with Placeworks

AMENDMENT TO AGREEMENT FOR CONSULTANT
SERVICES CON 1434
Precise Plan No. 579 - Euclid and Heil Residential Addendum Project
THIS AMENDMENT to AGREEMENT CON 1434 is made and entered this 18th day of February, 2025, by and between the City of Fountain Valley (hereinafter "CITY") a municipal corporation, and Placeworks (hereinafter "CONSULTANT") a California corporation.

WHEREAS, CITY and CONSULTANT have previously entered into an Agreement for Consulting Services dated April 2, 2024 (hereafter “AGREEMENT”) for an amount not to exceed $112,642, to be completed no later than June 30, 2025; and
WHEREAS, CONSULTANT has requested additional budget to complete the air quality and GHG emissions modeling and analysis to account for remodeling purposes and for project management to ensure ongoing support and communication with the City and applicant, as well as their internal team; and WHERAS, CONSULTANT has revised the proposed Project to include a senior housing component as an additional construction phase, requiring-evaluation of the short-term and long-term criteria air pollution emissions and GHG emissions from original modeling efforts. Additionally, discrepancies between the previous and updated plans require additional analysis; and WHEREAS, all other terms and conditions of the AGREEMENT shall remain in effect.

NOW, THEREFORE, the parties hereto agree as follows:

1. Consultant shall perform the additional duties discussed in the attached Exhibit A – Contract Amendment – Euclid and Heil Residential Project dated September 23, 2024 and Exhibit B – Contract Amendment – Euclid and Heil Residential Project dated December 23, 2024.

2. The City agrees to pay Consultant an added amount of forty thousand one hundred eleven dollars ($40,111) in addition to the payment rates, terms, and schedule of payment as set forth in CON 1434 for the inclusion of the additional services outlined in Exhibit A and B.

3. That all other terms and conditions outlined in CON 1434 shall remain in effect throughout the term of this AGREEMENT.

IN WITNESS WHEREOF, the parties hereto have entered into this AMENDMENT the date and year first above written.

ATTEST: CITY OF FOUNTAIN VALLEY
City Clerk Mayor, Ted Bui
APPROVED AS TO FORM: CONSULTANT: PlaceWorks, Inc.

Attorney for the City Owner

ATTACHMENT: Exhibit A – Contract Amendment – Euclid and Heil Residential Project dated September 23, 2024 and Exhibit B – Contract Amendment – Euclid and Heil Residential Project dated December 23, 2024.

September 23, 2024
Steven Ayers, Principal Planner
City of Fountain Valley – Community Development Department 10200 Slate Avenue
Fountain Valley, California 92708
Subject: Contract Amendment for the Euclid and Heil Residential Addendum Project Dear Mr. Ayers:

This contract amendment includes the additional scope and budget to complete the air quality and greenhouse gas (GHG) emissions analysis, as well as additional budget for project management, for the Euclid and Heil Residential Addendum Project.

TASK 1 – TECHNICAL STUDIES
Additional budget is required to complete the air quality and GHG emissions modeling and analysis to account for remodeling purposes.

Original modeling efforts were set up for a single-phase development because previous construction data requests received by PlaceWorks noted that construction would occur under one phase. However, new phasing information received August 21st showed two development phases after the receipt of the construction data requests and original modeling.

Based on our review of the intensive construction phases and non-shared equipment mix, we request additional sensitivity tests to identify the project specific mitigation measures to incorporate for health risk impact analysis.

This was not included in our original budget and the additional budget required for this effort is provided in the table below.

TASK 2 – PROJECT MANAGEMENT
To ensure ongoing support and communication with the City and applicant, as well as our internal team, PlaceWorks is requesting additional budget for project management.

COST ESTIMATE
The following is a summary of our requested contract amendment in the total amount of $11,508.

TASK REQUESTED CONTRACT AMENDMENT
Task 1. Air Quality and Greenhouse Gas Emissions Analysis $6,808 Task 2. Project Management $4,700
Labor Subtotal $11,508
Exhibit A - Contract Amendment - Euclid and
Heil Residential Project

September 23, 2024 | Page 2
Table 2. PlaceWorks 2024 Standard Fee Schedule
Acknowledgment
If you have any questions, please contact me at 714.966.9220 ext. 2342.

We look forward to working with you to bring about the successful completion of this project.

Respectfully submitted,

PLACEWORKS
Malia Durand
Associate Principal

December 23, 2024
Steven Ayers, Principal Planner
City of Fountain Valley – Community Development Department 10200 Slate Avenue
Fountain Valley, California 92708
Subject: Contract Amendment for the Euclid and Heil Residential Addendum Project Dear Mr. Ayers:

This contract amendment includes the additional scope and budget to complete the air quality, greenhouse gas (GHG) emissions, and energy analysis from construction and operation of the Euclid and Heil Residential Addendum Project, as well as revising the graphics, project description, and analysis throughout the addendum to include the changes to the project site plan.

TASK 1 – TECHNICAL STUDIES
The proposed project’s inclusion of a senior housing component as an additional construction phase will require PlaceWorks to re-evaluate short-term and long-term criteria air pollutant emissions and GHG emissions from original modeling efforts. PlaceWorks will send a separate construction data request and memo regarding the discrepancy between the previous site plans and new site plans. Based on preliminary results, additional budget is also required to assess the analytical approach taken and mitigation measures identified for the construction health risk assessment to reduce project-related construction health risk impacts to below the health risk significance thresholds. We will work closely with the project team to develop appropriate construction and operational assumptions, a defensible threshold for determining GHG impacts, and practical mitigation measures as needed to reduce potentially significant effects
TASK 2 – ADDENDUM
Given the changes to the site plan, we are requesting additional funds to revise the addendum, which includes revising the graphics, updating the project description, and updating the analysis in the environmental document.

TASK 3 – PROJECT MANAGEMENT
Additional funds are being requested for the project management task to continue coordination calls with the City and applicant’s team, as well as internal coordination.

COST ESTIMATE
The following is a summary of our requested contract amendment in the total amount of $28,603.

TASK REQUESTED CONTRACT AMENDMENT
Task 1. Air Quality and Greenhouse Gas Emissions Analysis $15,393 Task 2. Addendum $9,020
Task 3. Project Management $4,190
Labor Subtotal $28,603
Exhibit B - Contract Amendment - Euclid and
Heil Residential Project

December 23, 2024 | Page 2
Table 2. PlaceWorks 2024 Standard Fee Schedule
Acknowledgment
If you have any questions, please contact me at 714.966.9220 ext. 2342.

We look forward to working with you to bring about the successful completion of this project.

Respectfully submitted,

PLACEWORKS
Malia Durand
Associate Principal

CITY OF FOUNTAIN VALLEY

CITY COUNCIL

COUNCIL ACTION REQUEST
To: Honorable Mayor and Agenda Date: February 18, 2025
Members of the City Council
SUBJECT: Introduction and first reading of an Ordinance of the City Council of the City of Fountain Valley, California, amending Chapter 14.38 of the Fountain Valley Municipal Code pertaining to Grease Control to remove the requirement for new multiple dwelling units to install grease interceptors, unless deemed necessary by the building official
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:

City staff is requesting that City Council amend Chapter 14.38 of the Fountain Valley Municipal Code pertaining to Grease Control to remove the requirement for new multiple dwelling units to install grease interceptors, unless deemed necessary by the Building Official.

Chapter 14.38 – Grease Control was added to the Fountain Valley Municipal Code in April 2004. The ordinance specifies disposal requirements for fats, oils, and grease (FOG) generated by food facilities and multiple dwelling units with the intent of reducing the accumulation of FOG in sewage lines, which is the leading cause of blockages and sanitary sewer overflows (SSOs).

Based on over 20 years of FOG control experience and enforcement, City staff has determined that multiple dwelling units generate less FOG than food facilities and that the current requirement for new multiple dwelling units to install grease inceptors is unnecessary and impractical.

Ordinance Amending FVMC Chapter 14.38 – Grease Control
February 18, 2025

DISCUSSION:

In 2004, the City Council adopted Ordinance No. 1354, which added Chapter 14.38 – Grease Control to the Fountain Valley Municipal Code. This was in response to new sewer maintenance and water pollution regulations that required Orange County cities and agencies that owned wastewater collection systems to adopt ordinances for the proper management and disposal of fats, oils, and grease (FOG) generated by food facilities.

Based on the 2001 Orange County Grand Jury Report titled “Sewage Spills, Beach Closures Trouble in Paradise?” that identified restaurants and high-density housing as sources of FOG, Chapter 14.38 – Grease Control specifies appropriate FOG disposal requirements for food facilities and multiple dwelling units. The intent is to reduce the accumulation of improperly discarded FOG in sewage lines, which is the leading cause of blockages and sanitary sewer overflows (SSOs). SSOs pose a risk to public health and safety, have the potential to damage public and private property, and can contaminate streams and beaches, resulting in closures.

The City’s grease control ordinance has been effective in limiting the improper discharge of FOG into the sanitary sewer and reducing blockages that cause SSOs. Over the past 20 years, the City’s experience has demonstrated the importance of FOG control and grease interceptors in preventing SSOs resulting from improper disposal of FOG by food facilities. The City has also found that the amount of FOG generated by multiple dwelling units is small in comparison to the amount generated by food facilities. City staff has determined that the current requirement for new multiple dwelling units to install grease inceptors is unnecessary and impractical.

Therefore, City staff is recommending that Chapter 14.38 pertaining to Grease Control be amended to remove the requirement for new multiple dwelling units to install grease interceptors unless it is deemed necessary by the building official. This change will only affect new multiple-dwelling units and make it easier and less costly for developers to build multipledwelling units within the City. The City will retain the authority to require multiple dwelling units that experienced an SSO to install a grease interceptor and/or take other actions imposed by the building official to mitigate the problems likely to be caused by the multiple dwelling unit as specified in Section 14.38.030(c), including any combination of the following:

1. Installation of other devices, such as grease traps;

2. Security and other assurances that appropriate maintenance will occur;

3. The posting of bonds or payment of such amounts of money as will reimburse the City for its costs in performing extra line cleaning or similar preventative or remedial work.

The attached ordinance to amend Chapter 14.38 is presented to the City Council for introduction and first reading. A second reading and adoption of the ordinance is anticipated to be brought to the March 4, 2025, City Council Meeting.

If adopted, the ordinance to amend FVMC Chapter 14.38 pertaining to Grease Control will support the City’s three-year strategic goal to achieve fiscal stability by evaluating processes,

Ordinance Amending FVMC Chapter 14.38 – Grease Control
February 18, 2025

and attract and retain revenue producing businesses/opportunities by making it easier and less costly for developers to build multiple dwelling units within the City.

FISCAL REVIEW:

The proposed ordinance has no direct financial impacts on the City.

PUBLIC NOTIFICATION:

Not applicable.

ENVIRONMENTAL IMPACT REVIEW:

Not applicable.

ATTORNEY REVIEW:

The Attorney for the City has reviewed and approved the subject ordinance.

ALTERNATIVES:

Alternative No. 1: Introduce and approve for second reading an ordinance of the City Council of the City of Fountain Valley, California, amending Chapter 14.38 of the Fountain Valley Municipal Code pertaining to Grease Control to remove the requirement for new multiple dwelling units to install grease interceptors, unless deemed necessary by the building official. This is the recommended action.

Alternative No. 2: Do not approve the ordinance for Second Reading.

RECOMMENDATION:

Staff is requesting City Council approval of Alternative No. 1, which is to introduce and approve for second reading an Ordinance of the City Council of the City of Fountain Valley, California, amending Chapter 14.38 of the Fountain Valley Municipal Code pertaining to Grease Control to remove the requirement for new multiple dwelling units to install grease interceptors, unless deemed necessary by the building official.

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

1. Ordinance

ORDINANCE NO. ______

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

FOUNTAIN VALLEY, CALIFORNIA, APPROVING CODE
AMENDMENT (CA) NO. 24-XX TO AMEND CHAPTER 14.38

OF THE FOUNTAIN VALLEY MUNICIPAL CODE
PERTAINING TO GREASE CONTROL.

WHEREAS, the Orange County Health Care Agency issued 252 orders that closed beaches for more than 2,000 days from the beginning of 1987 through 2000.

Almost all the closures were the result of bacterial contamination from sewage spills into drains or other waterways flowing into the ocean; and WHEREAS, research conducted by the 2000-2001 Orange County Grand Jury found that the leading cause of sanitary sewer overflows (SSOs) leading to beach closures in Orange County was the accumulation of discharged fats, oils, and grease (FOG) that clogged sewage pipes. Restaurants and high-density housing were identified as sources of FOG, with restaurants being the primary source. The Grand Jury’s Report, “Sewage Spills, Beach Closures Trouble in Paradise?”, was issued on April 25, 2001, and recommended that all Orange County wastewater collection and/or treatment agencies formulate a standardized grease discharge ordinance to include enforcement powers and requirements for inspection and maintenance; and
WHEREAS, the City of Fountain Valley (City) is co-permittee of the National Pollutant Discharge Elimination System (NPDES) permit issued by the California Regional Water Quality Control Board – Santa Ana Region (hereinafter “RWQCB”); and
WHEREAS, on April 26, 2002, the California Regional Water Quality Control Board – Santa Ana Region (RWQCB) issued Order No. R8-2002-0014 (Regional Order) which established General Waste Discharge Requirements and required copermittees to prepare and implement FOG control programs as part of their Sewer System Management Plans (SSMPs) by December 30, 2004 (C.12.viii); and WHEREAS, in an effort to comply with the Regional Order, the Orange County Permittees retained the services of Environmental Engineering and Contracting, Inc. (now EEC Environmental) to evaluate FOG control practices, technologies, and programs in use in the United States to minimize FOG discharges to the sewer system. The Orange County FOG Control Research Study, Phase 1, report was issued in June 2003. The report provided recommendations and a backbone ordinance that agencies could use in the development of their FOG Control Programs; and
WHEREAS, a city is empowered to own and operate its sewer system (Government Code Sections 38900) and in doing so is subject to the Clean Water

Act (33 USC Section 1251 et seq.) and may set local standards for pretreatment (40 CFR Section 403.5); and
WHEREAS, City has required all sewer connections to City’s system to be pursuant to a connection permit (Fountain Valley Municipal Code Section

14.36.110); and
WHEREAS, the City Council has adopted storm water regulations to prevent pollutants from entering the waterways (Fountain Valley Municipal Code Chapter

14.40) pursuant to the Clean Water Act and the NPDES permit issued for the watershed; and
WHEREAS, on April 20, 2004, the City Council adopted Ordinance No. 1354 adding Chapter 14.38 – Grease Control to the Fountain Valley Municipal Code in compliance with the Regional Order; and
WHEREAS, on May 2, 2006, the State Water Resources Control Board, building on the Regional Order from the RWQCB, adopted statewide Waste Discharge Requirements Order No. 2006-0003 DWQ (State Order), which required agencies that own their own wastewater collection system to evaluate whether a FOG program was required for their jurisdiction and, where FOG was determined to be a problem, required implementation of grease control devices as part of the permittees’ SSMPs (D.13.vii.d).

WHEREAS, the City’s Grease Control ordinance adopted in 2004 met the requirements of the State Order so no further action was required to comply; and WHEREAS, the City’s Grease Control ordinance has been effective in reducing the improper discharge of FOG into the sanitary sewer that can lead to sewer line blockage and SSOs; and
WHEREAS, the City’s experience has demonstrated that FOG control and grease interceptors are important tools in preventing SSOs resulting from improper disposal by Food Facilities, as defined in California Health and Safety Code, Division 104 – Environmental Health, Part 7. California Retail Food Code (hereinafter CRFC), Chapter 2 Definitions, Section 113789; and
WHEREAS, although Multiple Dwelling Units, as defined in Fountain Valley Municipal Code 14.38.020(h), can be a source of FOG, the City’s experience has demonstrated that the amount of FOG generated by Multiple Dwelling Units is small in comparison to the amount generated by Food Facilities; and WHEREAS, the City’s experience has demonstrated it is not necessary or practical to require grease interceptors for new Multiple Dwelling Units and the City of Fountain Valley wants to revise its current Grease Control Ordinance to remove the requirement for new Multiple Dwelling Units to install grease interceptors, unless deemed necessary

by the building official; and
WHERAS, the revision to subdivision (j) is purely for grammar and punctuation and does not change the intent or meaning of the section.

WHEREAS, this Ordinance has been publicly noticed in accordance with State Law and the Fountain Valley Municipal Code.

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

SECTION 1:

Fountain Valley Municipal Code Section 14.38.030 is hereby amended to read as follows:

14.38.030. Grease interceptor required requirements for food facilities and multiple dwelling units.
(a) All fixtures, equipment and drain lines located in the food preparation and clean up areas of food facilities that are sources of FOG discharge shall be connected to an approved grease interceptor unless otherwise determined in accordance with the provisions of this section. Dishwashers or other fixtures discharging emulsifying agents (e.g., detergents) shall be connected to the sanitary sewer system such that their potential to adversely impact the operation of the grease control device operation is minimized.
(b) Grease interceptors shall be used in all new food facilities where it is necessary to install a grease control device, shall have a minimum capacity of seven hundred fifty gallons, and shall have a direct flow-through sample box. New food facilities shall follow sizing criteria for larger devices as specified by resolution of the city council.
(c) Grease interceptors shall may be required in new multiple dwelling units and for multiple dwelling units which have experienced an SSO multiple SSOs following adoption of the ordinance codified in this chapter. If it is impossible or impractical to install a grease interceptor in and existing for a multiple dwelling unit that has experienced an SSO multiple SSOs following adoption of the ordinance codified in this chapter, the owner shall agree to comply with such measures as the building official shall impose to mitigate the problems likely to be caused by the multiple dwelling unit, including any combination of the following:
(1) Installation of other devices, such as grease traps; (2) Security and other assurances that appropriate maintenance will occur; and

(3) The posting of bonds or payment of such amounts of money as will reimburse the city for its costs in performing extra line cleaning or similar preventative or remedial work.
(d) All existing food facilities undergoing remodeling or a change in operations shall be required to install grease control devices with each chamber readily and easily capable of cleaning and inspection of each chamber from the surface and shall include a downstream sample box in accordance with the Uniform Plumbing Code as determined by the building official.
(e) All existing food facilities that have caused documented SSOs within the last three years of the effective date of the ordinance codified in this chapter shall install a grease interceptor within one year of the effective date of the ordinance codified in this chapter. Appropriate due process shall be afforded before the determination is made.
(f) All existing food facilities that cause an SSO after the effective date of the ordinance codified in this chapter shall install a grease interceptor within one year of the date of the SSO. Appropriate due process shall be afforded before this determination is made.
(g) Property owners of commercial properties shall be required to install and maintain approved grease control devices serving multiple food facilities that are located on a single parcel, in accordance with the Uniform Plumbing Code. (h) No certificate of use and occupancy shall be issued for a food facility that is required to have an approved grease control device, until such device has been installed, inspected and approved by the building official. (i) It is the intent of this chapter that existing food facilities that have remained in continuous operation and were never required to install a grease interceptor and which have never caused an SSO, shall be allowed to continue to operate without a grease interceptor.
(j) The building official may establish additional guidelines to supplement this chapter regarding, but not limited to:
(1) Design and construction of grease control devices;
(2) The management, operation and maintenance standards for grease control devices; and
(3) Kitchen best management practice to prevent FOG from entering the devices. (k) Upon the effective date of the ordinance codified in this chapter, the installation

of food grinders in the plumbing system of new food facilities shall be prohibited. (l) Upon the effective date of the ordinance codified in this chapter, the introduction of any additives into a food facility's wastewater system for the purposes of emulsifying FOG, is prohibited without the specific written authorization from the sanitary sewer agency that has jurisdiction over the sanitary sewer system that services the food facility.

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 subsequently be declared in valid 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. This ordinance shall become effective thirty (30) days after the date of its adoption.

PASSED, APPROVED, AND ADOPTED THIS _____DAY OF ______________, 2025.

ATTEST
________________________ ________________________
Rick Miller, City Clerk Ted Bui, 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: February 18, 2025
Members of the City Council
SUBJECT: 1. Approve the Amended and Restated Lease Between the County of Orange and the City of Fountain Valley for the Fountain Valley Sports Park

2. Approve the Allocation of $121,000 from the Alternative Park Funds for the Expansion of the Fountain Valley Sports Park (16 Acres)

THREE-YEAR STRATEGIC GOAL
☒ Enhance the culture and environment of “A Nice Place to Live” ☐ Achieve fiscal stability by evaluating processes, and attract and retain revenue producing businesses/opportunities
☐ Attract and retain quality staff through best practices and trends ☐ Maintain, build, and modernize infrastructure to support growth and future needs of the City
☐ Not applicable
EXECUTIVE SUMMARY:

The United States of America quitclaimed HOLF Mile Square Field (MISQ) to the County of Orange which requires that the property be devoted in perpetuity for a public park and for recreational uses. A condition of that quitclaim deed requires the County to lease a portion of that property to the City of Fountain Valley for 50 years, with additional periods of 50 years, contingent upon the City developing the premises for park and recreations uses. This portion of the park has been identified as the Fountain Valley Sports Park (FVSP). On March 28, 2023, the occupancy of the FVSP became a month-to-month tenancy under the same terms and conditions of the original lease as both parties entered negotiations regarding the terms and conditions of the lease.

City staff have negotiated with the county to present the amended and restated lease (Attachment 1) ,which includes a fifty-year extension, revised special events agreement, and opportunity for additional acreage (16 acres) for the FVSP. The original proposal of

14.6 acres, approved by the City Council on 11/19/2024, has been amended to include an additional 1.4 acres. The additional acreage includes a cost of $121,000 for infrastructure relocation and site improvements completed by the County of Orange during phase 1 of their MISQ rehabilitation project. Infrastructure relocation in the

additional 1.4 acres (yellow area) will be completed by the County of Orange as part of Phase II of the MISQ rehabilitation project.

DISCUSSION:

The United States of America quitclaimed HOLF Mile Square Field to the County of Orange, which requires that the property be devoted in perpetuity to a public park and for recreational uses. This location has become Mile Square Regional Park (MISQ), owned and operated by the County of Orange. A condition of that quitclaim deed requires the County to lease a portion of that property to the City of Fountain Valley for fifty years, with additional periods of fifty years, contingent upon the City developing the premises for park and the recreations uses. This portion of the park has been identified as the Fountain Valley Sports Park (FVSP).

City Staff and the County of Orange have been in negotiations regarding the lease terms for the FVSP since August of 2022. However, since no lease agreement had been approved by March 28, 2023, the occupancy of the FVSP became a month-to-month tenancy under the same terms and conditions of the original lease. City and County staff have worked diligently on a mutually beneficial amended and restated lease. City priorities in the negations included;
 Extending the lease for an additional 50 years
 Maintaining the integrity of the United States quitclaim deed  Updating the special events agreement
 Preserving the jurisdictional responsibilities of the Fountain Valley Fire Department  Preserving the permitting process for all regulating agencies, including City departments (FVFD, Public Works, Community Services) for all activities inside and surrounding Mile Square Regional Park
 An additional 16 acres be provided to the City as part of the OC Parks rehabilitation of MISQ
City staff believes they have met the above outlined priorities. Highlighting the amended and restated lease are the following items;
Lease Extension
The term of this Lease shall be 50 years commencing on March 28, 2023. Provided Tenant (City) is utilizing the Premises consistent with the Quitclaim Deed, Tenant may request, and County will extend the Lease for additional 50 year terms. The county shall have the discretion to extend the Term of this Lease under such terms and conditions as the Parties mutually agree upon consistent with the Quitclaim Deed.

Special Events Agreement
To allow for the orderly operation and coordination of Special Events, including those held by the County and Tenant (City) within Mile Square Regional Park and/or the Fountain Valley Recreation Center & Sports Park (FVSP). The updated agreement preserves the jurisdictional responsibilities of the Fountain Valley Fire Department and the permitting

process for all regulating agencies, including City departments (FVFD, Public Works, Community Services) for all activities inside and surrounding Mile Square Regional Park. a) Tenant shall issue or obtain all permits, for Special Events required by any applicable regulating agencies including current fire code. Tenant is responsible for all costs associated with developing and implementing required plans and for all associated permitting fees, if any, for any use of the Premises by the Tenant.
b) The County shall issue or obtain all permits, for Special Events within MISQ required by the Fountain Valley Fire Department and any applicable regulating agencies. County is responsible for all costs associated with developing and implementing required plans, for all associated permitting fees, and for any fire department resources required to support the event.

Additional Acreage for FVSP
The Parties agree that the Premises shall expand to include the additional acreage (16 acres) as shown in attachment A/Exhibit C. When the following two events occur:
(1) the County completes the County’s Mile Square Regional Park Golf Course Conversion – Phase 2 Project, and
(2) the City completes and adopts its City Parks Master Plan update, which includes the Expansion Premises. The Parties anticipate that the Expansion Premises will be available within 18 to 24 months.

Proposed expansion of the Fountain Valley Sports Park (Purple/Yellow areas on the site plan below)

FINANCIAL ANALYSIS
There is no direct financial impact from the amended and restated lease between the City of Fountain Valley and the County of Orange for the Fountain Valley Sports Park.

The cost for the 16-acre site expansion of the Fountain Valley Sports Park is $121,000, as identified by the County of Orange for infrastructure relocation and site improvements completed during phase 1 of the MISQ rehabilitation.

Staff recommends allocating $121,000 from the Alternative Park Fund as identified in the Fountain Valley Municipal Code; 21.79.240. The current balance in the Alternative Park Fund is $530,783.03.

21.79.240 Use of alternative park funds.
(a) Funds collected from the alternative park fee shall be used to fund the costs of providing the acquisition, relocation, and expansion of parkland and park facilities development attributable to new residential construction and shall include:
(1) The acquisition of additional property for the expansion of parkland, and community facilities development.

ATTORNEY REVIEW:

The Attorney for the City has reviewed this item.

ALTERNATIVES:

Alternative No.1: Approve the Amended and Restated Lease Between the County of Orange and the City of Fountain Valley for the Fountain Valley Sports Park and,
Approve the Allocation of $121,000 from the Alternative Park Funds for the Expansion of the Fountain Valley Sports Park (16 Acres) Alternative No. 2: Do not approve this contract amendment.

RECOMMENDATION:

Staff recommends Alternative No. 1, Approve the amended and restated lease between the County of Orange and the City of Fountain Valley for the Fountain Valley Sports Park and Approve the Allocation of $121,000 from the Alternative Park Funds for the Expansion of the Fountain Valley Sports Park (16 Acres).

Prepared By: Rob Frizzelle, Community Services Director Approved By: Rob Frizzelle, Community Services Director

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

1. Amended and Restated Lease, Fountain Valley Sports Park

2. Mile Square Park MOU – 1970

3. Mile Square Park, 1st Amendment (Boys and Girls Club)

4. Mile Square Park, 2nd Amendment (Additional 23 Acres)

5. Mile Square Park, 3rd Amendment (City Service Road)

6. Mile Square Park, Special Events MOU

7. Mile Square Park, Special Events MOU 1st Amendment

PR37A-17
Mile Square Regional Park
City of Fountain Valley

AMENDED AND RESTATED LEASE

MILE SQUARE REGIONAL PARK RECREATION CENTER
THIS AMENDED AND RESTATED LEASE (“Lease”) is made __________________, 2025, (“Effective Date”) by and between the COUNTY OF ORANGE, a political subdivision of the State of California (hereinafter “County”) and the CITY OF FOUNTAIN VALLEY, a municipal corporation (hereinafter “Tenant” or “City”). The County and Tenant may be referred to herein individually as a “Party,” or collectively as the “Parties.”

RECITALS
WHEREAS, County is the owner of approximately 640 acres of real property located in the City, commonly known as Mile Square Regional Park, by virtue of that Quitclaim Deed executed March 9, 1973, by the United States of America; and WHEREAS, pursuant to the said Quitclaim Deed, County agreed to lease to Tenant a parcel of land described in the Quitclaim Deed “for a period of fifty (50) years with the right of the City of Fountain Valley to renew said lease for additional periods of fifty (50) years contingent upon the City developing and maintaining said property during the period of said lease and during any renewals for public park and recreational purposes for the benefit and use of the general public[;]” and
WHEREAS, on July 14, 1970, the Parties entered into an agreement (“Agreement dated July 14, 1970”) to address future development of a park, including police and fire services related thereto; and
WHEREAS, on March 28, 1973, County leased (the “Original Lease”) to Tenant approximately 55 acres of Mile Square Regional Park (“Original Leased Premises”) for public park and recreation purposes and Tenant subsequently built the facility commonly known as the Fountain Valley Recreation Center (“Recreation Center”); and WHEREAS, on April 9, 1985, County and Tenant entered into a First Amendment to the Lease which permitted use of a portion of the Leased Premises for the Boys and Girls Club of Huntington Valley; and
WHEREAS, on February 15, 2000, County and Tenant entered into a Second Amendment to the Lease that expanded the Tenant’s leased premises by approximately 23 acres to accommodate an expansion of the Recreation Center on the same terms and conditions of the Lease (hereafter the Original Leased Premises and the leased premises of the 23-acre expansion shall be referred to jointly as “Premises”); and

WHEREAS, on April 29, 2003, County and Tenant entered into a Third Amendment to the Lease (also known as PR37A-17); and
WHEREAS, the Parties have also entered into that certain Memorandum of Understanding dated June 22, 1989 and its First Amendment dated April 5, 1995 (collectively, “MOUs”); and WHEREAS, the Original Lease, First Amendment, Second Amendment, and Third Amendment, the MOUs, and the Agreement dated July 14, 1970, shall be referred to collectively as “Prior Agreements”; and
WHEREAS, the Prior Agreements expired on March 28, 2023, and Tenant desires to exercise its right to renew the Lease, as amended, for another fifty (50) year term and County desires to renew the Lease for said term; and
WHEREAS, the Parties desire to restate and clarify the terms of the Prior Agreements and supersede and replace the terms of the Prior Agreements with the terms and conditions of this Lease; and
WHEREAS, on February 8, 2023, the City of Fountain Valley Planning Agency and Planning Commission found that the proposed first renewal is exempt from CEQA per Section 15061(b)(3) and that the Lease, as amended, and proposed renewal are consistent with the City’s General Plan.

NOW, THEREFORE, the parties hereto agree as follows:

1. DEFINITIONS (1.0 SR)
The following words in this Lease shall have the significance attached to them in this Clause (DEFINITIONS), unless otherwise apparent from context:
“Board of Supervisors” means the Board of Supervisors of the County of Orange, a political subdivision of the State of California.
“CEO/Office of Risk Management” means the Risk Manager, County Executive Office, Risk Management, County of Orange, or designee, or upon written notice to Tenant, such other person or entity as shall be designated by the County Executive Officer or the Board of Supervisors.
“County Executive Officer” means the County Executive Officer, County Executive Office, County of Orange, or designee, or upon written notice to Tenant, such other person or entity as shall be designated by the Board of Supervisors. “Director of OC Parks” or “Director” means the Director, Orange County Parks, OC Community Resources, County of Orange, or designee, or upon written notice to Tenant,

such other person or entity acting in a similar capacity as shall be designated by the County Executive Officer.

2. PREMISES (1.1 SR)
As required by that certain Quitclaim Deed, executed on March 9, 1973, from the United States of America to the County (“Quitclaim Deed”), the County extends its lease with Tenant to the Premises consisting of approximately 78 acres located at 16801 Euclid Street, Fountain Valley, CA 92708 as described in Exhibit A and shown on Exhibit B, which exhibits are attached hereto and by reference made a part hereof (“Original Premises”). The Premises are accepted “as is” and “where is” by Tenant subject to any and all existing easements and encumbrances.

The Parties agree that the Premises shall be expanded to include the additional acreage as shown on Exhibit C (“Expansion Premises”), which additional acreage is approximately sixteen (16) acres, when the following two events occur: (1) the County completes the County’s Mile Square Regional Park Golf Course Conversion – Phase 2 Project, and (2) the City completes and adopts its City Parks Master Plan update which includes the Expansion Premises. The City shall pay to the County the sum of One Hundred Twenty-One Thousand Dollars ($121,000.00) upon acceptance of the Expansion Premises by sending payment to the following address:

Orange County Treasurer-Tax Collector
Revenue Recovery/Accounts Receivable Unit
P.O. Box 4005
Santa Ana, CA 92702-4005
The Parties anticipate that the Expansion Premises will be available within eighteen (18) to twentyfour (24) months of the Effective Date first written above. Each Party shall confirm in writing to the other the completion of the conditions set forth in this paragraph and, once both conditions have occurred, the Expansion Premises shall be added to the Premises hereunder without further action of the Parties. The date of such addition may be confirmed in writing by the Parties. The Original Premises is currently fenced along the boundary of the County’s adjacent Mile Square Regional Park. The Parties agree that before the Expansion Premises is opened for public use, the City shall install a physical barrier along the boundary of the Expansion Premises and the County’s adjacent Mile Square Regional Park. The terms of the Expansion Premises shall be coterminous with and under the same terms and conditions of the Premises and this Lease. Hereinafter, the term “Premises” shall include the Original Premises and the Expansion Premises.

Upon completion of hardscape as part of County’s Mile Square Regional Park Golf Course Conversion – Phase 2 Project, City will, at City’s sole cost and expense perform a survey of the Expansion Premises and provide a legal description and depiction of the Expansion Premises to the satisfaction of the County. The revised Expansion Premises will be amended to this Lease and such amendment will be executed by County through delegated authority provided by the Orange County Board of Supervisors to the County’s Chief Real Estate Officer in substantially the same form attached as Exhibit F, attached hereto and incorporated herein.

3. USE (1.2 SR)

As required by the Quitclaim Deed, Tenant's use of the Premises shall be limited to developing, maintaining, and using the Premises for public park and recreational purposes, for the benefit and use of the general public. Tenant agrees not to use the Premises for any other purpose inconsistent with the Quitclaim or the terms of this Section. Tenant shall not use the Premises or any portion thereof for any illegal or unlawful purpose and will not cause or permit a nuisance or waste to be created or maintained therein.

NO TOBACCO, OR MARIJUANA PRODUCTS SHALL BE SOLD FROM THE PREMISES;

HOWEVER, ALCOHOL SALES ARE PERMITTED PURSUANT TO APPLICABLE LAW (e.g., FOUNTAIN VALLEY MUNICIPAL CODE CHAPTER 12.08). SMOKING OF ANY KIND IS PROHIBITED INSIDE ANY BUILDING WITHIN THE PREMISES.

4. COUNTY’S USE RESERVATIONS AND RIGHT OF ENTRY (1.3 SR) County reserves the right from time to time, without causing unreasonable interference to Tenant, to access the Premises to confirm that Tenant is using the Premises consistent with those uses articulated in Clause 3 (USE). Tenant shall cooperate with County during County’s access of the Premises. County shall make best efforts to notify Tenant prior to accessing the Premises.

5. TERMINATION OF PRIOR AGREEMENTS (1.5 SR)
It is mutually agreed that this Lease shall restate, supersede, and replace any prior agreements between the Parties hereto covering all or any portion of the Premises or Mile Square Regional Park, including but not limited to the original Lease dated March 28, 1973, the First Amendment to Lease dated April 9, 1985, the Second Amendment to Lease dated February 15, 2000, and the Third Amendment to Lease dated April 29, 2003 (also known as PR37A-17), the MOUs (dated June 22, 1989 and April 5, 1995, respectively) and Agreement dated July 14, 1970.

Notwithstanding the foregoing, this provision shall not release Tenant from any obligations under any of the Prior Agreements to be performed through the Commencement Date of this Lease or from any obligations of indemnification based upon events occurring prior to the Effective Date of this Lease.

Notwithstanding any provision of this Lease to the contrary, nothing in this Lease is intended to modify, supersede or in any way reduce City of Fountain Valley’s right to Lease the Premises as stated in the Quitclaim deed from the United States to the County of Orange executed March 9, 1973. In the event of any inconsistency or conflict, the terms of the Quitclaim deed shall prevail in all respects.

6. TERM (1.6 SR)
The term of this Lease shall be fifty (50) years (“Term”), commencing on March 28, 2023 (“Commencement Date”).

7. OPTION TO EXTEND TERM (1.7 SR)

Provided Tenant is utilizing the Premises consistent with the Quitclaim Deed, Tenant may request and County will extend the Lease for additional fifty (50) year terms (“Extension Term(s)”).

County shall have the discretion to extend the Term of this Lease under such terms and conditions as the Parties mutually agree upon consistent with the Quitclaim Deed.

8. RENT (1.8 SR)
In recognition of Tenant use of the Premises as a public park for the benefit and use of the general public, there shall be no rent due hereunder.

9. MAINTENANCE OBLIGATIONS OF TENANT – CONDITIONS AND CARE OF PREMISES (2.5 SR)
A. Tenant shall, to the satisfaction of County, keep and maintain, or cause to be kept and maintained, the Premises and all Tenant Improvements (as defined in this Clause 9) of any kind in place and used, occupied, or otherwise operated or maintained by the Tenant on the Premises prior to the Commencement Date, or which may be erected, installed, or made thereon by Tenant or its Licensee or Licensees (parties who enter into an agreement with Tenant), during the Term or Extension Term of this Lease, in good condition and in substantial repair, provided that in the event (i) of substantial damage to any such Tenant Improvements it shall be at Tenant’s option whether to repair or replace such improvements (provided that if the improvements are not to be repaired or replaced, then they shall be placed into a safe condition or removed), as provided in Clause 11 (OPERATIONAL REQUIREMENTS OF TENANT) below or (ii) Tenant or its Licensee(s) ceases to use any improvements, it shall be at Tenant’s option to not repair or replace any such improvement so long as the improvement is maintained in a safe condition or removed.

Subject to the foregoing, it shall be Tenant's responsibility to take all steps necessary or appropriate to maintain such a standard of condition and repair.

B. Tenant shall keep the Premises clean and in good repair during any time which Tenant, its agents, or employees use the Premises at its sole cost and expense. Except as otherwise expressly set forth in this Lease, Tenant shall be responsible for all costs relating to the operation and maintenance of the Premises.

C. Tenant shall be solely responsible for all costs and expenses for any maintenance and repairs necessitated by the actions of Tenant, or Licensee(s), resulting in an extraordinary load imposed on underground utilities outside the Premises or contamination of Common Areas.

D. If Tenant receives an inspection notice or a deficiency notice for actions, activities, or omissions for which Tenant is responsible following an inspection by any public or regulatory agency having jurisdiction, Tenant agrees to make any and all corrections in the manner required immediately upon receipt of by such notice.

E. County shall have no obligation or responsibility to dredge, remove debris, or to maintain, repair, or replace improvements constructed within the Premises, except as otherwise provided by law. Tenant shall have no obligation to dredge the Premises nor to maintain, supervise, repair or replace any improvements installed by County or any other party (other than Tenant’s Licensees)

nor for debris or materials which are not deposited by Tenant or its Licensees and which comes onto or out of the Premises.

F. Tenant shall be required to construct an opaque physical barrier and landscaping along the boundary of the Expansion Premises to the satisfaction of the County. The physical barrier and landscaping shall be designed to prevent access into and from the Premises and minimize noise and visual impacts to park users outside of the Premises. The Tenant shall also be responsible for providing access to secured gates installed along the physical barrier, either through keys or other approved methods. Tenant shall be solely responsible for all costs and expenses related to the construction of the physical barrier and landscaping including any maintenance and repairs.

G. All lighting shall be designed and located so as to confine direct rays to the Premises.

10. UTILITIES (SRLic-2.3 N)
Tenant shall be responsible for all utility charges (including any assessments), including but not limited to: water, gas, electricity, telephone service, cable service, internet service, janitorial service, and sewer.

11. OWNERSHIP OF IMPROVEMENTS (2.7 SR)
Tenant shall provide all equipment necessary for use of the Premises consistent with this Lease.

All buildings, improvements, and facilities, exclusive of trade fixtures, constructed or placed within the Premises by Tenant (“Tenant Improvements”) must, upon completion, be free and clear all liens, claims, or liability for labor or material and at County's option shall be the property of County at the expiration of this Lease or upon earlier termination hereof. County retains the right to require Tenant, at Tenant's cost, to remove all Tenant Improvements located on the Premises at the expiration or termination hereof.

12. OPERATIONAL REQUIREMENTS OF TENANT (2.9 SR)
A. Standards of Operation. Tenant shall operate the Premises in a manner similar to other comparable facilities in Southern California which offer similar services and amenities. Tenant shall, at its sole expense, take reasonable steps to provide security measures for the protection of persons and property within the Premises. Nothing in the previous sentence is intended to provide third party rights or protections nor should this Lease be relied upon by any person or organization other than the Parties hereto. Nothing in this section is intended to expand the rights or obligations of Tenant to third parties in any way. Tenant agrees to obey, abide by, and be in conformance with all applicable governmental codes, laws, rules and/or regulations, now or hereafter promulgated, concerning operations on the Premises.

B. Protection of Environment. Tenant shall not permit:

1. Littering within the Premises;

2. Excessive noise, based on applicable City ordinances, including Fountain Valley Municipal Code Section 12.08, emanating from the Premises;

3. Excessive light and glare, based on applicable City ordinances, including Fountain Valley Municipal Code Section 12.08, from light fixtures within the Premises that could impact the safe operation of automobiles, watercraft, and aircraft in the area; or

4. Discharge or runoff of pollutants, including petroleum products, waste, and debris from any source on the Premises into the waters within or adjacent to the Premises or other activities that are harmful to water quality. Tenant shall not be responsible for any discharge or runoff related to the County’s operation of the adjacent Mile Square Regional Park.

Tenant shall immediately report any spillage, leakage, or discharge of any toxic, hazardous, or polluting materials to the proper authorities.

C. Special Events. Special Events, as defined in Exhibit E, at the Premises and the County’s adjacent Mile Square Regional Park shall additionally be governed by the terms set forth in Exhibit E, attached hereto and incorporated herein.

13. INSURANCE (3.0 SR)
Tenant agrees to maintain a program of self-insurance or purchase all required insurance at Tenant’s expense and to deposit with the County certificates of insurance, including all endorsements required herein, necessary to satisfy the County that the insurance provisions of this Lease have been complied with and to keep such insurance coverage and the certificates and endorsements therefore on deposit with the County during the entire term of this Lease.

Tenant agrees that Tenant shall not operate on the Premises at any time the required insurance is not in full force and effect as evidenced by a certificate of insurance and necessary endorsements or, in the interim, an official binder being in the possession of Director of OC Parks. In no cases shall assurances by Tenant, its employees, agents, including any insurance agent, be construed as adequate evidence of insurance. Director of OC Parks will only accept valid certificates of insurance and endorsements, or in the interim, an insurance binder as adequate evidence of insurance. Tenant also agrees that upon cancellation, termination, or expiration of Tenant’s insurance, County may take whatever steps are necessary to interrupt any operation from or on the Premises until such time as the County reinstates the Lease.

If Tenant fails to provide Director of OC Parks with a valid certificate of insurance and endorsements, or binder at any time during the term of the Lease, County and Tenant agree that this shall constitute a material breach of the Lease. Whether or not a notice of default has or has not been sent to Tenant, said material breach shall permit County to take whatever steps necessary to interrupt any operation from or on the Premises, and to prevent any persons, including, but not limited to, members of the general public, and Tenant’s employees and agents, from entering the Premises until such time as Director of OC Parks is provided with adequate evidence of insurance required herein. Tenant further agrees to hold County harmless for any damages resulting from

such interruption of business and possession, including, but not limited to, damages resulting from any loss of income or business resulting from the County’s action.

Tenant may occupy the Premises only upon providing to County the required insurance stated herein and maintain such insurance for the entire term of this Lease. Tenantshall provide to County immediate notice of said insurance cancellation or termination.

All contractors performing work on behalf of Tenant pursuant to this Lease shall obtain insurance subject to the same terms and conditions as set forth herein for Tenant. Tenant shall not allow contractors or subcontractors to work if contractors have less than the level of coverage required by the County from the Tenant under this Lease. It is the obligation of the Tenant to provide written notice of the insurance requirements to every contractor and to receive proof of insurance prior to allowing any contractor to begin work within the Premises. Such proof of insurance must be maintained by Tenant through the entirety of this Lease and be available for inspection by a County representative at any reasonable time.

All self-insured retentions (SIRs) shall be clearly stated on the Certificate of Insurance. Any selfinsured retention (SIR) in an amount in excess of Three Hundred Fifty Thousand Dollars ($350,000) shall specifically be approved by the County’s Risk Manager, or designee, upon review of Tenant’s current audited financial report.

Qualified Insurer
The policy or policies of insurance must be issued by an insurer with a minimum rating of A- (Secure A.M. Best’s Rating) and VIII (Financial Size Category as determined by the most current edition of the Best’s Key Rating Guide/Property-Casualty/United States or ambest.com).

If the insurance carrier does not have an A.M. Best Rating of A-/VIII, the CEO/Office of Risk Management retains the right to approve or reject a carrier after a review of the company’s performance and financial ratings.

The policy or policies of insurance maintained by the Tenant shall provide the minimum limits and coverage as set forth below:

Coverages Minimum Limits
Commercial General Liability
Sexual Abuse and Molestation
Liquor Liability
Umbrella/Excess Liability with Follow
form coverage
$1,000,000 per occurrence
$2,000,000 aggregate
$1,000,000 per occurrence
$2,000,000 aggregate
$1,000,000 per occurrence
$20,000,000

Coverages Minimum Limits
Automobile Liability including coverage
for owned or scheduled, non-owned and
hired vehicles
$1,000,000 combined single limit each
accident
Workers’ Compensation
Employers Liability
Statutory
$1,000,000 per accident or disease
Commercial Property Insurance on an “All
Risk” or “Special Causes of Loss” basis
covering all, contents and any tenant
improvements including Business
Interruption/Loss of Rents with a 12
month limit.
100% of the Replacement Cost and
No coinsurance provision
Pollution Liability $1,000,000 per claims made or per
occurrence
Required Coverage Forms
The Commercial General Liability coverage shall be written on Insurance Services Office (ISO) form CG 00 01, or a substitute form providing liability coverage at least as broad.

The Business Auto Liability coverage shall be written on ISO form CA 00 01, CA 00 05, CA 00 12, CA 00 20, or a substitute form providing liability coverage at least as broad.

Required Endorsements
The Commercial General Liability policy shall contain the following endorsements, which shall accompany the Certificate of insurance:
1) An Additional Insured endorsement using ISO form CG 20 26 04 13or a form at least as broad naming the County of Orange, its elected and appointed officials, officers, employees, agents as Additional Insureds. Blanket coverage may also be provided which will state- As Required By Written Agreement.
2) A primary non-contributing endorsement using ISO form CG 20 01 04 13, or a form at least as broad, evidencing that the Tenant’s insurance is primary and any insurance or selfinsurance maintained by the County of Orange shall be excess and non-contributing.

The Pollution Liability policy shall contain the following endorsements, which shall accompany the Certificate of Insurance:
1) An Additional Insured endorsement naming the County of Orange, its elected and appointed officials, officers, employees, and agents as Additional Insureds.

2) A primary non-contributory endorsement evidencing that Lessee’s insurance is primary, and any insurance or self-insurance maintained by the County of Orange shall be excess and non-contributing.

If Lessee’s Pollution Liability policy or Professional Liability Policy is a claims-made policy, Lessee shall agree to the following:
1) The retroactive date must be shown and must be before the date of the contract or the beginning of the Lease.
2) Insurance must be maintained, and evidence of insurance must be provided for at least three (3) years after expiration or earlier termination of Lease. 3) If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the effective date of the contract services, Lessee must purchase an extended reporting period for a minimum of three (3) years after expiration of earlier termination of the Lease.

The Workers’ Compensation policy shall contain a waiver of subrogation endorsement waiving all rights of subrogation against the County of Orange, its elected and appointed officials, officers, agents and employees. Blanket coverage may also be provided which will state- As Required By Written Agreement.

All insurance policies required by this lease shall waive all rights of subrogation against the County of Orange, its elected and appointed officials, officers, agents, and employees when acting within the scope of their appointment or employment.

The Commercial Property policy shall contain a Loss Payee endorsement naming the County of Orange as respects the County’s financial interest when applicable.

The Commercial General Liability policy shall contain a severability of interests clause, also known as a “separation of insureds” clause (standard in the ISO CG 001 policy).

Insurance certificates should be forwarded to the County address provided in Clause 39 (NOTICES) below or to an address provided by Director of OC Parks. Tenant has ten (10) business days to provide adequate evidence of insurance or this Lease may be cancelled.

County expressly retains the right to require Tenant to increase or decrease insurance of any of the above insurance types throughout the term of this Lease. Any increase or decrease in insurance will be as deemed by County of Orange Risk Manager as appropriate to adequately protect County.

County shall notify Tenant in writing of changes in the insurance requirements. If Tenant does not deposit copies of acceptable certificates of insurance and endorsements with County

incorporating such changes within thirty (30) days of receipt of such notice, this Lease may be in breach without further notice to Tenant, and County shall be entitled to all legal remedies.

The procuring of such required policy or policies of insurance shall not be construed to limit Tenant’s liability hereunder nor to fulfill the indemnification provisions and requirements of this Lease, nor in any way to reduce the policy coverage and limits available from the insurer.

14. INDEMNIFICATION (3.1 N)
A. Tenant’s Indemnity. Tenant agrees to indemnify, defend with counsel approved in writing by County, and hold County, its elected and appointed officials, officers, employees, agents and those special districts and agencies which County’s Board of Supervisors acts as the governing Board (“County Indemnitees”) harmless from any claims, demands or liability of any kind or nature, including but not limited to personal injury or property damage, arising from or related to the Tenant’s actions or activities pursuant to this Lease except for liability arising out of the negligence of County, its elected and appointed officials, officers, agents, or employees. If judgment is entered against Tenant and County by a court of competent jurisdiction because of the concurrent active negligence of County or County Indemnitees, Tenant and County agree that liability will be apportioned as determined by the court. Neither party shall request a jury apportionment.

B. County’s Indemnity. County agrees to indemnify, defend, and hold Tenant, their elected and appointed officials, officers, employees, and agents harmless from any claims, demands or liability of any kind or nature, including but not limited to personal injury or property damage, arising from or related to the County’s actions or activities pursuant to this Lease, except for liability arising out of the negligence of Tenant, its elected and appointed officials, officers, agents, or employees.

If judgment is entered against County and Tenant by a court of competent jurisdiction because of the concurrent active negligence of Tenant or Tenant Indemnitees, Tenant and County agree that liability will be apportioned as determined by the court. Neither party shall request a jury apportionment.

C. Waiver of Subrogation. County and Tenant each hereby waives all rights of recovery against the other on account of loss and damage occasioned to the Premises of such waiving Party to the extent that the waiving Party is entitled to proceeds for such loss and damage under any property insurance policies carried or otherwise required to be carried by this Lease; provided however, that the foregoing waiver shall not apply to the extent of Tenant’s obligation to pay deductibles under any such policies and this Lease. By this waiver it is the intent of the Parties that neither County nor Tenant shall be liable to any insurance company (by way of subrogation or otherwise) insuring the other Party for any loss or damage insured against under any property insurance policies, even though such loss or damage might be occasioned by the negligence of such Party, its agents, employees, contractors, or invitees.

D. General Release. The Parties acknowledges that they are familiar with the language and provisions of California Civil Code Section 1542, which provides as follows:

A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and

that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.

The Parties, being aware of and understanding the terms of Section 1542, hereby waive all benefit of its provisions to the extent described in this paragraph as to claims related to the condition of the Premises, whether such claims arise from past, present or future incidents.

15. HAZARDOUS MATERIALS (3.2 SR)
A. Definition of Hazardous Materials. For purposes of this Lease, the term “Hazardous Materials” shall mean any hazardous or toxic substance, material, product, byproduct, or waste which is or shall become regulated by any governmental entity, including, without limitation, County, acting in its governmental capacity, the State of California, or the United States government.

B. Use of Hazardous Materials. Tenant or Tenant’s employees, agents, independent contractors or invitees (collectively “Tenant Parties”) shall not cause or authorize any Hazardous Materials to be brought upon, stored, kept, used, generated, released into the environment or disposed of on, under, from, or about the Premises (which for purposes of this clause shall include the subsurface soil and ground water). Notwithstanding the foregoing, Tenant and Tenant Parties may keep on or about the Premises small quantities of Hazardous Materials that are used in the ordinary, customary, and lawful cleaning of and business operations on the Premises. Said permitted Hazardous Materials shall be stored in a safe location and shall be disposed of in a manner provided by law.

C. Tenant Obligations. If the presence of any Hazardous Materials on, under, or about the Premises caused or authorized by Tenant or Tenant Parties results in (i) injury to any person, (ii) injury to or contamination of the Premises (or a portion thereof), or (iii) injury to or contamination or any real or personal property wherever situated, Tenant, at its sole cost and expense, shall promptly take all actions necessary or appropriate to return the Premises to the condition existing prior to the introduction of such Hazardous Materials to the Premises and to remedy or repair any such injury or contamination. Without limiting any other rights or remedies of County under this Lease, Tenant shall pay the cost of any such cleanup or remedial work performed on, under, or about the Premises as required by this Lease or by applicable laws in connection with the removal, disposal, neutralization, or other treatment of such Hazardous Materials caused or authorized by Tenant or Tenant Parties to be introduced on, under or about the Premises. Notwithstanding the foregoing, Tenant shall not take any remedial action in response to the presence, discharge, or release, of any Hazardous Materials on, under, or about the Premises caused or authorized by Tenant or Tenant Parties, or enter into any settlement agreement, consent decree, or other compromise with any governmental or quasi-governmental entity without first obtaining the prior written consent of the Director, which consent shall not be unreasonably withheld, conditioned, or delayed. All work performed or caused to be performed by Tenant as provided for above shall be done in good and workmanlike manner and in compliance with plans, specifications, permits, and other requirements for such work approved by Director, which approval shall not be unreasonably withheld, conditioned or delayed.

16. BEST MANAGEMENT PRACTICES (3.3 SR)
A. Tenant shall conduct operations under this Lease so as to assure that pollutants do not enter municipal storm drain systems which systems are comprised of, but are not limited to curbs and gutters that are part of the street systems (“Stormwater Drainage System”), and to ensure that pollutants do not directly impact Receiving Waters (as used herein, “Receiving Waters” include, but are not limited to, rivers, creeks, streams, estuaries, lakes, harbors, bays, and oceans).

B. The Santa Ana and San Diego Regional Water Quality Control Boards have issued National Pollutant Discharge Elimination System (“NPDES”) permits (“Stormwater Permits”) to the County, and to the Orange County Flood Control District and cities within Orange County, as copermittees (hereinafter collectively referred to as “County Parties”) which regulate the discharge of urban runoff from areas within the County, including the Premises leased under this Lease. The County Parties have enacted water quality ordinances that prohibit conditions and activities that may result in polluted runoff being discharged into the Stormwater Drainage System.

C. To assure compliance with the Stormwater Permits and water quality ordinances, the County has developed a Drainage Area Management Plan (“DAMP”) which includes a Local Implementation Plan (“LIP”) for each jurisdiction that contains Best Management Practices (“BMP(s)”) and which may change from time to time, that tenants using properties within Orange County must adhere to. As used herein, a BMP is defined as a technique, measure, or structural control that is used for a given set of conditions to manage the quantity and improve the quality of stormwater runoff in a cost-effective manner. These BMPs are found within County’s LIP in the form of Model Maintenance Procedures and BMP Fact Sheets (the Model Maintenance Procedures and BMP Fact Sheets contained in the DAMP/LIP shall be referred to hereinafter collectively as “BMP Fact Sheets”) and contain pollution prevention and source control techniques to eliminate non-stormwater discharges and minimize the impact of pollutants on stormwater runoff.

D. BMP Fact Sheets that apply to uses authorized under this Lease include Exhibit D, attached hereto, and the BMP Fact Sheets on OCPW/OC Environmental Resources website found at https://ocerws.ocpublicworks.com/service-areas/oc-environmental-resources/ocwatersheds/documents/best-management-practices-bmp These BMP Fact Sheets may be modified during the term of the Lease. Tenant, its subtenants, agents, contractors, representatives, and employees and all persons authorized by Tenant to conduct activities on the Premises shall, throughout the term of this Lease, comply with the BMP Fact Sheets as they exist now or are modified, and shall comply with all other requirements of the Stormwater Permits, as they exist at the time this Lease commences or as the Stormwater Permits may be modified. Tenant agrees to maintain current copies of the BMP Fact Sheets on the Premises throughout the term of this Lease. The BMPs applicable to uses authorized under this Lease must be performed as described within all applicable BMP Fact Sheets.

E. Tenant may propose alternative BMPs that meet or exceed the pollution prevention performance of the BMP Fact Sheets. Any such alternative BMPs shall be submitted to County for review and approval prior to implementation.

F. Among other requirements, the industrial NPDES permit requires periodic stormwater inspections by the State and/or County OC Watersheds staff to ensure facility compliance, which may include annual inspections of the Premises, with follow up inspections as a result of observed violations requiring corrective actions.

G. Dependent upon the reuse of the Premises, the Premises shall have a clarifier drain that captures low flow runoff from throughout the site, which ensures all flows are properly drained without any unacceptable runoff. Tenant shall conduct their work throughout the site and any resultant low flow discharges shall work their way to the clarifier. In regard to Tenant Improvements, Tenant shall designate operational zones minimally affected by storm flows that allow drainage to the clarifier, and the non-operational portions of the site are to have normal storm discharges going through the storm drain system. As the site undergoes a new NPDES Industrial Permit application process, these conditions may get re-examined.

H. The BMP’s shall stipulate the process for the Tenant to take corrective actions, and state the consequences of non-compliance or County options under the Lease to self-remedy the matter.

The Santa Ana and San Diego Regional Water Quality Control Boards have established penalties/consequences for non-compliance and those are to be included in this Lease. County to have the option to terminate the Lease if the Tenant does not correct a non-compliance situation within thirty (30) days of written notice by the County, and that the security deposit reflects this circumstance.

I. Work activities are to be conducted in a controlled area where pollutants shall be contained and any heavy metals detected at significantly higher levels than the benchmarks set by the Regional Board shall be addressed. All applicable BMPs are to be properly implemented, including any and all future modifications, updates, or replacement BMPs that may be issued from time to time, shall be used by Tenant.

J. Site modifications, such as distinctly designated work areas with controls to prevent pollutants from escaping and wastewater drain, will be required to be segregated from stormwater drain.

17. BUILDING AND SAFETY REQUIREMENTS (3.4 SR)
During the Term and any Extension Term(s) of this Lease, Tenant, at Tenant’s sole cost, agrees to maintain the Premises in compliance with all applicable laws, rules, regulations, building codes, statutes, and orders as they are applicable on the date of this Lease, and as they may be subsequently amended, including but not limited to the California Building Code, Title 24, Seismic Code, Fire and Life Safety requirements and, if applicable, California Green Building Standard Code.

Included in this provision is compliance with the Americans with Disabilities Act (“ADA”) and all other federal, state, and local codes, statutes, and orders relating to disabled access as they are

applicable on the dates of this Lease, and as they may be subsequently amended and all regulations issued by the U. S. Attorney General or other agencies under the authorization of the ADA.

However, Tenant shall not be responsible for any ADA violations resulting from alterations made by County or the placement of fixtures or equipment by County.

18. TAXABLE POSSESSORY INTEREST ASSESSMENTS (3.7 SR)
Should this Lease create any possessory interest, which is subject to the payment of taxes levied on such interest, it is understood and agreed that, as between County and Tenant, all assessments associated with said taxable possessory interest shall be the full responsibility of the Tenant, and Tenant shall cause said assessments to be paid promptly.

19. AUTHORITY (4.3 SR)
The persons executing this Lease on behalf of County or Tenant warrant that they have the power and authority to bind County or Tenant to this Lease.

20. LEASE ORGANIZATION (4.4 SR)
The various headings in this Lease, the numbers thereof, and the organization of the Lease into separate sections and paragraphs are for purposes of convenience only and shall not be considered otherwise.

21. SUCCESSORS IN INTEREST (4.5 SR)
Unless otherwise provided in this Lease, the terms, covenants, and conditions contained herein shall apply to and bind the heirs, successors, executors, administrators, and assigns of all the Parties hereto, all of whom shall be jointly and severally liable hereunder.

22. AMENDMENTS (4.6 SR)
This Lease sets forth the entire agreement between Tenant and County and any modification must be in the form of a written amendment executed by both Parties.

23. PARTIAL INVALIDITY (4.7 SR)
If any term, covenant, condition, or provision of this Lease is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired, or invalidated thereby.

24. WAIVER OF RIGHTS (4.8 SR)
The failure of Tenant or County to insist upon strict performance of any of the terms, conditions, and covenants in this Lease shall not be deemed a waiver of any right or remedy that Tenant or County may have, and shall not be deemed a waiver of any right or remedy for a subsequent breach

or default of the terms, conditions, and covenants herein contained. Any waiver, in order to be effective, must be signed by the Party whose right or remedy is being waived.

25. QUIET ENJOYMENT (5.1 SR)
County agrees that, subject to the terms, covenants and conditions of this Lease, Tenant may, upon observing and complying with all terms, covenants, and conditions of this Lease, peaceably and quietly occupy the Premises.

26. GOVERNING LAW AND VENUE (5.2 SR)
This agreement has been negotiated and executed in the State of California and shall be governed by and construed under the laws of the State of California. In the event of any legal action to enforce or interpret this agreement, the sole and exclusive venue shall be a court of competent jurisdiction located in Orange County, California, and the Parties hereto agree to and do hereby submit to the jurisdiction of such court, notwithstanding Code of Civil Procedure section 394.

27. ATTORNEYS’ FEES (5.3 SA)
In the event of a dispute between Tenant and County concerning claims arising out of this Lease, or in any action or proceeding brought to enforce or interpret any provision of this Lease or where any provision hereof is validly asserted as a defense, each Party shall bear its own attorneys’ fees and costs.

28. INSPECTION OF PREMISES BY A CERTIFIED ACCESS SPECIALIST (5.5 SR) A Certified Access Specialist (“CASp”) can inspect the subject premises and determine whether the subject premises comply with all of the applicable construction-related accessibility standards under state law. Although state law does not require a CASp inspection of the subject premises, the commercial property owner or lessor may not prohibit the tenant from obtaining a CASp inspection of the subject premises for the occupancy or potential occupancy of the tenant, if requested by the tenant. The Parties shall mutually agree on the arrangements for the time and manner of the CASp inspection, the payment of the fee for the CASp inspection, and the cost of making any repairs necessary to correct violations of construction-related accessibility standards within the Premises.

Pursuant to California Civil Code 1938, County hereby represents that the Premises has not undergone an inspection by a certified access specialist and no representations are made with respect to compliance with accessibility standards. If it is determined during this tenancy that a violation of handicapped access laws (including the Americans with Disabilities Act) exists at the Premises, Tenant shall correct such non-compliance at Tenant’s cost.

29. UNENFORCEABLE PROVISIONS (5.9 SR)
If any paragraph or clause hereof shall be determined illegal, invalid, or unenforceable, it is the express intention of the Parties hereto that the remainder of the Lease shall not be affected thereby,

and it is also the express intentions of the Parties hereto that in lieu of each paragraph or clause of this Lease which may be determined to be illegal, invalid, or unenforceable, there may be added as a part of this Lease a paragraph or clause as similar in terms to such illegal or invalid or unenforceable paragraph or clause as may be possible and may be legal, valid, and enforceable.

30. LIMITATION OF THE LEASEHOLD (6.1 SR)
This Lease and the rights and privileges granted Tenant in and to the Premises are subject to all covenants, conditions, restrictions, and exceptions of record or apparent. Nothing contained in this Lease or in any document related hereto shall be construed to imply the conveyance to Tenant of rights in the Premises which exceed those owned by County, or any representation or warranty, either express or implied, relating to the nature or condition of the Premises or County’s interest therein. Tenant has accepted the Premises in its “as is” / “where is” condition.

31. PERMITS AND LICENSES (6.2 SR)
Tenant shall be required to obtain any and all approvals, permits, and/or licenses which may be required in connection with the operation of the Premises as set out herein. No permit, approval, or consent given hereunder by County, in its governmental capacity, shall affect or limit Tenant’s obligations hereunder, nor shall any approvals or consents given by County, as a party to this Lease, be deemed approval as to compliance or conformance with applicable governmental codes, laws, rules, or regulations.

32. NONDISCRIMINATION (6.4 SR)
Tenant agrees not to discriminate against any person or class of persons by reason of sex, age, race, color, creed, physical handicap, or national origin in employment practices and in the activities conducted pursuant to this Lease. Tenant shall make its accommodations and services available to the public on fair and reasonable terms.

33. DISPOSITION OF ABANDONED PERSONAL PROPERTY (6.6 SR) If Tenant abandons or quits the Premises or is dispossessed thereof by process of law or otherwise, title to any personal property belonging to and left on the Premises ninety (90) days after such event shall, at County's option, be deemed to have been transferred to County. County shall have the right to remove and to dispose of such property without liability therefor to Tenant or to any person claiming under Tenant, and shall have no need to account therefor.

34. QUITCLAIM OF TENANT'S INTEREST UPON TERMINATION (6.7 SR) Upon termination of this Lease for any reason, including but not limited to termination because of Tenant default, Tenant shall execute, acknowledge, and deliver to County, within thirty (30) days after receipt of written demand therefor, a good and sufficient deed whereby all right, title, and interest of Tenant in the Premises is quitclaimed to County. Should Tenant fail or refuse to deliver the required deed to County, County may prepare and record a notice reciting the failure of Tenant to execute, acknowledge, and deliver such deed and said notice shall be conclusive evidence of the

termination of this Lease and of all rights of Tenant or those claiming under Tenant in and to the Premises. Nothing in this Section, nor anything in this Lease, is intended to reduce or restrict Tenant’s right to 50 year renewable lease terms under the Quit Claim Deed.

35. RELATIONSHIP OF PARTIES (6.9 SR)
The relationship of the Parties hereto is that of Lessor and Tenant, and it is expressly understood and agreed that County does not in any way or for any purpose become a partner of or a joint venturer with Tenant in the conduct of Tenant’s business or otherwise, and the provisions of this Lease and the agreements relating to rent payable hereunder are included solely for the purpose of providing a method by which rental payments are to be measured and ascertained.

36. NOTICES (7.1 SR)
All written notices pursuant to this Lease shall be addressed as set forth below or as either Party may hereafter designate by written notice and shall be deemed received upon personal delivery, delivery by electronic mail, or seventy-two (72) hours after deposit in the United States Mail.

To: TENANT
City of Fountain Valley
Attn: Community Service Director
10200 Slater Ave
Fountain Valley, CA 92708
Email: [email protected]
With a copy to:

City of Fountain Valley
Attn: City Manager
10200 Slater Ave
Fountain Valley, CA 92708
To: COUNTY
County of Orange
OC Parks
13042 Old Myford Road
Irvine, CA 92602
Email: [email protected]
With a copy to:

County Executive Office
Attn: Chief Real Estate Officer
400 W. Civic Center Drive, 5th Floor
Santa Ana, CA 92701
Email: [email protected]

37. ATTACHMENTS TO LEASE (7.2 SR)
This Lease includes the following, which are attached hereto and made a part hereof:

EXHIBITS
Exhibit A – Description of Original Premises
Exhibit B – Depiction of Original Premises
Exhibit C – Depiction of Expansion Premises
Exhibit D - Best Management Practices
Exhibit E – Additional Terms and Conditions Related to Special Events Exhibit F – First Amendment to Amended and Restated Lease

38. ADDITIONAL TERMS AND CONDITIONS RELATED TO SPECIAL EVENTS Parties agree that the Additional Terms and Conditions Related to Special Events (“Special Event Terms”), which shall replace any prior memoranda of understanding related to the Premises for Mile Square Regional Park, which specify special event activities at Mile Square Regional Park and Tenant’s Recreational Center is shown in Exhibit E, which exhibit is attached hereto and by reference made a part hereof.
[signatures on following page]

IN WITNESS WHEREOF, the Parties have executed this Lease the day and year first above written.

TENANT

CITY OF FOUNTAIN VALLEY
a municipal corporation
By:_________________________________
Ted Bui
Mayor
APPROVED AS TO FORM:

By: ________________________________
Attorney for the City
ATTEST:

By: __________________________________
Rick Miller
City Clerk

APPROVED AS TO FORM:

OFFICE OF COUNTY COUNSEL

ORANGE COUNTY, CALIFORNIA
By:_____________________________
Deputy
COUNTY

COUNTY OF ORANGE
__________________________________
Thomas A. Miller, Chief Real Estate Officer
Orange County, California, pursuant to Board of
Supervisors Minute Order dated December 3, 2024

EXHIBIT A

EXHIBIT B

DEPICTION OF PREMISES

EXHIBIT C

DEPICTION OF EXPANSION PREMISES

EXHIBIT D
BEST MANAGEMENT PRACTICES ("BMPS") FACT SHEETS
Tenant shall be responsible for implementing and complying with all BMP Fact Sheet requirements that apply to this Lease’s operations. Tenant is to be aware that the BMP clause within this Lease, along with all related BMP Exhibits, may be revised, and may incorporate more than what is initially being presented in this Lease.

Suggested BMPs Fact Sheets may include, but may not be limited to, the following list shown below and can be found at OC Watersheds BMP Industrial/Commercial Business Activities webpage:
http://ocwatersheds.com/documents/bmp (website may change from time to time):
· IC3 Building Maintenance
· IC4 Carpet Cleaning
· IC5 Concrete & Asphalt Production, Application, & Cutting · IC6 Contaminated or Erodible Surface Areas
· IC7 Landscape Maintenance
· IC9 Outdoor Drainage from Indoor Areas
· ICl0 Outdoor Loading/Unloading of Materials
· IC11 Outdoor Process Equipment Operations & Maintenance · IC12 Outdoor Storage of Raw Materials, Products, & Containers · IC13 Over Water Activities
· IC14 Painting, Finishing, & Coatings of Vehicles, Boats, Buildings, & Equipment · IC15 Parking & Storage Area Maintenance
· IC17 Spill Prevention & Cleanup
· IC21 Waste Handling & Disposal
· IC22 Eating & Drinking Establishments
· IC23 Fire Sprinkler Testing/Maintenance
· IC24 Wastewater Disposal Guidelines

EXHIBIT E

ADDITIONAL TERMS AND CONDITIONS

RELATED TO SPECIAL EVENT ACTIVITIES

AT MILE SQUARE REGIONAL PARK AND/OR
FOUNTAIN VALLEY RECREATION CENTER & SPORTS PARK.

Purpose:

To allow for the orderly operation and coordination of Special Events, including those held by the County and Tenant within Mile Square Regional Park (“MISQ”) and/or the Fountain Valley Recreation Center & Sports Park (“FVSP”).

Definitions:
“County” or “Lessor” is defined as the County of Orange, a political subdivision of the State of California.
“Tenant” is defined as the City of Fountain Valley, a municipal corporation. “Special Events” are defined as any activity that can impact, by its nature and/or size, the use of the other Party’s facility, or city services, public roadways, and emergency services, as applicable, such as sports tournaments, festivals, fairs, carnivals, concerts, parades, rallies, large picnics, demonstrations, and exhibitions.
“Mutual Impact” is defined as an impact related to a Special Event that exceeds the capacity of the Party’s (Tenant or County) facilities (respectively, the MISQ for the County and the FVSP for the Tenant), or city services, public roadways, and emergency services, as applicable, in terms of providing sufficient parking, access, and public safety that causes any of these activities to overflow into the other Party’s area/premises.

Requirements:

1. Number of Special Events:
a) The total number of Tenant Special Events at the Premises shall not be limited. b) The total number of County Special Events on the County controlled portion of MISQ (which excludes the Premises) shall not be limited.

2. Number of Persons:
a) The attendance for a Tenant Special Event shall not be limited; however, a Tenant Special Event shall be contained within FVSP and shall not use the County’s controlled portion of MISQ unless otherwise approved by the County.

b) The attendance for a County Special Event shall not be limited; however, a County Special Events shall not use the Premises unless otherwise approved by the Tenant.

3. Events with Mutual Impacts
a) Tenant Special Events held at the Premises with Mutual Impacts to MISQ (outside of FVSP) shall require the following:
i. Obtain an approved OC Parks Special Event Permit through OC Parks Permits office.
ii. Meet with MISQ supervisors to discuss Special Event operations and coordination.
iii. Provide an Emergency Action Plan (“EAP”) and pertinent Special Event details to MISQ supervisors.
iv. Tenant is responsible for all staffing/resources required for, and costs associated with, the Special Event.
v. If utilizing MISQ, Tenant is responsible for all Special Event breakdown and cleanup after a Special Event, to the satisfaction of the MISQ supervisors.
vi. No permanent alterations or damage to County grounds. vii. Tenant is responsible for any damages or loss to the County caused by a Special Event.
b) County Special Events with Mutual Impacts to FVSP shall require applicable permits to be obtained from the Tenant, including the following:
i. Obtain an approved special event permit from the Tenant. ii. Meet with Tenant to discuss Special Event operations and coordination and the permits may be required by applicable agencies.
iii. Provide an EAP and pertinent special event details to Tenant. iv. County is responsible for all staffing/resources required for, and costs associated with, the Special Event.
v. If utilizing FVSP, County is responsible for all Special Event breakdown and cleanup after a Special Event, to the satisfaction of the Tenant. vi. No permanent alterations or damage to FVSP.
vii. County is responsible for any damages or loss to the Tenant caused by a Special Event.

4. Parking:
a) Should attendance for a Special Event exceed the capacity of the MISQ or Premises parking lot areas, the County or Tenant, respectively, shall secure off-site parking. County or Tenant may request use of Tenant or County overflow parking lot, subject to the approval of the other Party. b) For Tenant Special Events with impacts to the County’s facilities, a parking plan, traffic plan, and public safety plan shall be provided for approval by OC Parks as part of the OC Parks Permit.
c) For County Special Events with impacts to FVSP, a parking plan, traffic plan, and public safety plan shall be provided for approval by Tenant.

5. Permits:
a) Tenant shall issue or obtain all permits, for Special Events required by any applicable regulating agencies including current fire code. Tenant is responsible for all costs associated with developing and implementing required plans and for all associated permitting fees, if any, for any use of the Premises by the Tenant. b) The County shall issue or obtain all permits, for Special Events within MISQ required by the Fountain Valley Fire Department and any applicable regulating agencies. County is responsible for all costs associated with developing and implementing required plans, for all associated permitting fees, and for any fire department resources required to support the event.

6. Law Enforcement:
a) For Tenant Special Events, Tenant may use either Fountain Valley Police Department or the Orange County Sheriff’s Department for law enforcement services.
b) For County Special Events, County will use Orange County Sheriff’s Department for law enforcement services.

Notification:

1. Unless otherwise stated each Party shall notify the other Party of Special Events at least thirty (30) days prior to the scheduled Special Event.

2. Request for park usage for Special Events with Mutual Impacts shall be made by written correspondence at least sixty (60) days prior to the Special Event to the other Party.
a) Upon receipt of requests, each Party agrees to notify the other Party of the request.
b) Requests for Special Events will be made by written correspondence or by application form, to either OC Parks or the Tenant. Upon receipt of requests, each Party will notify the other of the request, identifying the principals, sponsors, date, type, and scope of the proposed Special Event, and transmitting a copy of the written request.

Fees Between Parties:

1. Neither Party shall impose a fee to the other Party for the use of approved overflow parking as part of a Special Event. Please note this does not limit either Party from charging a parking fee to participants or attendees.

2. Applicable fees charged to each Party shall be paid after all actual fees are calculated and totaled, notification of the total cost shall be provided in written form. Fees shall be paid to the applicable Party within ninety (90) days of receipt of the written notice.

EXHIBIT F

FIRST AMENDMENT TO AMENDED AND RESTATED LEASE

THIS FIRST AMENDMENT TO AMENDED AND RESTATED LEASE AGREEMENT (“First Amendment”) is made on _______________, 20__, by and between the COUNTY OF ORANGE, a political subdivision of the State of California (hereinafter referred to as “County” or “Lessor”) and CITY OF FOUNTAIN VALLEY, a municipal corporation (hereinafter referred to as “Tenant” or “City”). County and Tenant may sometimes be referred to herein individually as a “Party,” or collectively as the “Parties.”

R E C I T A L S
I. County is the owner of certain property known as Mile Square Regional Park, which consist of 640 acres of parkland located in the City of Fountain Valley, CA.

II. County and Tenant entered into an Amended and Restated Lease Agreement dated ________, ______, (“Lease”) to maintain and use the Premises for public park and recreational purposes, for the benefit and use of the general public.

III. On _______________, the Orange County Board of Supervisors approved the Lease with a recommended action in the Agenda Staff Report and accompanying Minute Order, which authorizes the Chief Real Estate Officer or designee to execute a First Amendment incorporating a completed survey of the Expansion Premises.

NOW THEREFORE, in consideration of the Recitals above, which are incorporated herein by this reference, the Parties do hereby agree to amend the Lease as of the date first written above as follows:

A. Clause 37 (ATTACHMENTS TO LEASE) is hereby deleted from the Lease in its entirety and the following clause is substituted:
“37. ATTACHMENTS TO LEASE
This Lease includes the following, which are attached hereto and made a part hereof:

I. EXHIBIT C – Revised Legal Description of Expansion Premises II. EXHIBIT C- 1 – Revised Parcel Map of Expansion Premise B. Any reference to “Exhibit C” in the Lease shall be replaced by “Exhibit C and C- 1.” C. Wherever a conflict in the terms or conditions of this First Amendment and the Lease and/or the Amendment exists, the terms or conditions in this First Amendment shall prevail. In all other respects, the terms and conditions of the Lease and/or the Amendment not specifically changed by this First Amendment, shall remain in full force and effect.

IN WITNESS WHEREOF, the Parties have executed this First Amendment the day and year first above written.

APPROVED AS TO FORM:

OFFICE OF COUNTY COUNSEL
County of Orange, California
By: _________________________________
Deputy
COUNTY

COUNTY OF ORANGE
By: _________________________________
Thomas A. Miller
Chief Real Estate Officer
as per ASR _____, Recommended
Action #__ and Minute Order dated
_____________.

TENANT

CITY OF FOUNTAIN VALLEY
A municipal corporation
By: ___________________________
_______________
Mayor

APPROVED AS TO FORM
By: __________________________
Attorney for City
ATTEST:

By: ________________________
______________
City Manager

EXHIBIT C
Revised Legal Description of Expansion Premises

EXHIBIT C-1
Revised Parcel Map of Expansion Premises