AGENDA
CITY COUNCIL/ SUCCESSOR
AGENCY TO THE FOUNTAIN
VALLEY AGENCY
FOR COMMUNITY DEVELOPMENT/
FOUNTAIN VALLEY HOUSING AUTHORITY
Closed Session 4:00 p.m.
Study Session 4:30 p.m.
Regular Meeting 6:00 p.m.
Tuesday, May 20, 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 the Cit y Counci l or other government body listed complete a speaker card and give it to the City Clerk prior to the public comment period. Requests to speak will not be accepted after the public comment session begins without permission of the Mayor/Chair. Speakers must limit remarks to a total of (3) three minutes and address the City Council through the Mayor.
Comments to individuals or staff are not permitted. Scheduled Matters, including Public Hearings: Indicate on the card what item you want to address. Unscheduled Matters: Indicate on the card what subject matter you want to address. Comments must be related to issues that are within the jurisdiction of the governing body listed on the agenda. Pursuant to the Brown Act, the governing body may not enter into discussion regarding items not on the agenda.
CONSENT CALENDAR: All matters listed under the Consent Calendar are considered by the governing bodies listed herein to be routine and will be enacted on simultaneously with one motion without discussion unless separate action and/or discussion is requested by a governing body member, staff, or a member of the public.
PUBLIC HEARINGS: Persons wishing to speak in favor of or in opposition to a proposal are given an opportunity to do so during the public hearing. Those wishing to address a governing body during the hearing are requested to complete the speaker card and submit it to the City Clerk prior to the hearing. If a proposed action is challenged in court, there may be a limitation to
raising only those issues raised during the hearing or in written correspondence received by the governing body at or before the hearing.
Note: The Fountain Valley City Council serves as the Successor Agency to the Fountain Valley Agency for Community Development (Successor Agency), the Fountain Valley Housing Authority, and the Fountain Valley Finance Authority. The Actions of the Successor Agency are separate and apart from the actions of the City Council.
ZOOM LINK INFORMATION
• Participants that choose to watch the City Council meeting through zoom are automatically placed in the waiting room and will only be allowed into the Zoom meeting if they request to make a public comment. In order to make a public comment, you will indicate through the chat feature which item you would like to speak on, and click on the “raise hand” icon to let the administrator know you wish to speak. • All participants are muted unless you are requesting to speak, at which time you will be allowed to unmute and make you comment.
• All public comments are allowed up to 3 minutes to speak.
Topic: City Council Meeting
Time: May 20, 2025 06:00 PM Pacific Time (US and Canada) Join Zoom Meeting
https://us02web.zoom.us/j/81154650348?pwd=oZR00aG1B6C1xlUFXDwa2G2MKgsogj. 1 Meeting ID: 811 5465 0348
Passcode: 817571
CLOSED SESSION
CALL TO ORDER 4:00 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 REAL PROPERTY NEGOTIATORS
Properties: 17168 Newhope #204 (APN: 938-785-82), 17168 Newhope #234 (APN: 938- 786-12, 17168 Newhope #102 (APN: 938-785-68),
17168 Newhope #202 (APN: 938-785-80), 17168 Newhope #231 (APN: 938- 786-09), 17168 Newhope #230 (APN: 938-786-08),
17168 Newhope #112 (APN: 938-785-78), 17230 Newhope #101 (APN: 938- 785-23), 17230 Newhope #103 (APN: 938-785-25),
17230 Newhope #205 (APN: 938-785-41), 17230 Newhope #206 (APN: 938- 785-42), 17230 Newhope #102 (APN:938-785-24),
17230 Newhope #201 (APN: 938-785-37), 17230 Newhope #202 (APN: 938- 785-38)
Agency Negotiators: Colin Burns, Attorney for the City; Maggie Le, City Manager; Omar Dadabhoy, Deputy City Manager/Community Development Director; Ryan Smith, Finance Director; Ashlyn Newman, Neighborhood Improvement Manager; Colin Burns, Attorney for the City.
Negotiating Parties: Fountain Valley Rentals, LLP
Direction re price and terms of payment.
STUDY SESSION
CALL TO ORDER 4:30 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. Review of the Fountain Valley Community Foundation – Presentation by Rob Frizzelle, Community Services Director – Page 6
2. Discussion Regarding City Scholarships – Presentation by Colin Burns, Attorney for the City -
3. Discussion Regarding a City Council Policy Requiring a Majority of City Council Approval for Reconsideration of a Past Item – Presentation by Colin Burns, Attorney for the City - Page 30
OPEN SESSION
CALL TO ORDER 6:00 p.m.
INVOCATION Imam Halil Aydid - Muslim Community
SALUTE TO THE FLAG Mayor Ted Bui
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
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 May 6, 2025 Regular City Council meeting Page 31
2. Approve the Register of Demands for the period of 4/25/2025 to 5/8/2025 Page 41 Recommended Action: Staff recommends Alternative No. 1 to approve the attached Register of Demands representing payments made by the City of Fountain Valley between 4/25/2025 and 5/8/2025 for a total of $3,180,043.02.
3. Second Reading and Adoption of an Ordinance approving Code Amendment No. 25-04 for ADU's Page 57
Recommended Action: Adopt the attached Ordinance of the City Council of the City of Fountain Valley approving a Notice of Exemption in accordance with the California Environmental Quality Act (CEQA) and approving Code Amendment No. 25-04 to amend the Fountain Valley Municipal Code (FVMC) Section 21.08.055 for Accessory Dwelling Units (ADU’s).
4. Second Reading and Adoption of an Ordinance approving Code Amendment No. 23-07 – An Amendment To The Land Use Requirements In The Workplace Neighborhood District To Allow For Collectible Vehicle Sales In The Fountain Valley Crossings Specific Plan Area.
Recommended Action: Staff recommends that the City Council select Alternative No. 1 to adopt the attached Ordinance approving Code Amendment No. 23-07, that is an amendment to the Fountain Valley Crossings Specific Plan (FVCSP) to allow for the sale and display of collectible vehicles in the Workplace Neighborhood District in the FVCSP.
5. Approve the Water Loss Control Shared Services Election Form for FY 25-26 with the Municipal Water District of Orange County in an amount not to exceed $28,771 Page 106 Recommended Action: Staff recommends that the City Council approve Alternative No. 1, which is to approve the Water Loss Control Shared Services Election Form for FY 25-26 with the Municipal Water District of Orange County in an amount not to exceed $28,771.
6. Authorize the City Manager to Issue and Execute a Contract(s)/Purchase Order(s) to Complete the Emergency Metropolitan Water District (MWD) Connection Water Main Break Repair Work in a Total Amount Not-to-Exceed $600,000.00. Page 121 Recommended Action: It is recommended that City Council authorize the City Manager to issue and execute a contract(s)/Purchase Order(s) to complete the emergency Metropolitan Water District (MWD) connection water main break repair work in a total amount not-toexceed $600,000.00.
ADMINISTRATIVE ITEMS
7. Report from the Measure HH Advisory Oversight Committee on FY2023-24 Audited Measure HH Revenues and Expenditures – Presentation by Randy Takayama, Measure HH Committee Chair Page 137
Recommended Action: Receive and File the Report from the Measure HH Advisory Oversight Committee on FY2023-24 Audited Measure HH Revenues and Expenditures.
8. Approval of Amendment No. 1 to Consultant Services Agreement (#1514) with Michael Baker International for Contract Assistant Planner Services – Presentation by Omar Dadabhoy, Community Development Director Page 146
Recommended Action: Based on the positive experience with MBI’s services, staff is recommending Alternative No. 1, approval of the Amendment.
9. Amendment #3 to Extend Contract #22-11 from July 1, 2025 through July 1, 2026, with City Net for Homeless Outreach Services in the Amount of $376,999.66 – Presentation by Jarrod Frahm, Police Lieutenant Page 153
Recommended Action: Staff is requesting City Council approve Alternative No. 1: Approve Amendment #3 to extend Contract #22-11 from July 1 2025 through July 1, 2026, with City Net for homeless outreach services in the amount of $376,999.66
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
The next Regular Meeting of the Fountain Valley City Council is June 3, 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 City Council
FROM: Rob Frizzelle, Community Services Director
DATE: 5/15/2025
SUBJECT: Study Session – Fountain Valley Community Foundation Review ______________________________________________________________________________ EXECUTIVE SUMMARY:
At the May 6, 2025 City of Fountain Valley City Council meeting, the council directed staff to provide a review of the of the Fountain Valley Community Foundation (FVCF). Additionally, city council requested information regarding the legality and risk associated with the City’s working relationship with the FVCF.
The study session will provide an overview of the FVCF including; • Formation of the FVCF
• Legal Framework - Association between the City and FVCF, Fund Management • Purpose of the FVCF
• Risk/Liability to the City of Fountain Valley
• Current Activities and Collaboration (with the City and other Partners) • Growth and Changes to the FVCF
• Proposed Amendments
DISCUSSION:
The Fountain Valley Community Fountain began in March of 2008 after the successful completion of the City’s 50th Anniversary celebration. The FVCF received an appropriation of $20,334.08 from the City of Fountain Valley, as approved by City Council on May 6, 2008 (Exhibit A). These funds were the remaining balance of donations received by the city for the 50th Anniversary celebration. The FVCF received IRS approval of 501(c)3 status on March 16, 2009 (Exhibit B).
The FVCF and the City of Fountain Valley have had a long mutually beneficial working relationship that has provided thousands of volunteer hours in support of city events and millions of dollars in support of community events, capital campaigns, and community grants. To maintain this strong working relationship, City Council has provided oversight of the appointment of members to the FVCF Board of Directors (including 1 City Council Member, 1 City Council Alternate, 1 Staff Appointment). Currently, the City Council appoints the majority of FVCF Board (9) while the FVCF retains the ability to appoint the remaining vacancies per the FVCF bylaws (Attachment C).
The study session review will provide an overview of the following FVCF items; • Historical Background – City Relationship and Formation • Legal Documentation
• FVCF Mission Statement
• Risk Management (Insurance Requirement)
• FVCF events
• FVCF Volunteer Support of City Events
• FVCF Activities at City Events (Bar, Parking etc...)
• FVCF Non-Profit Status benefits (DOJ, ABC, OCHCA)
• FVCF Budgeting / Restricted Funds (City Sponsorships, DBA’s Operation Santa, FV Prep, Senior Services, ACDP, Spark of Love, Summerfest)
• FVCF Grants (Hyundai and FVCF)
• MOU’s (Summerfest)
• Capital Campaigns (UAP, Boys and Girls Clubs)
• City Council Appointments
• MOU’s (Summerfest)
However, while the City and the FVCF have had a long and mutually beneficial relationship, both organizations continue to grow and evolve. Staff recommends that City Council reviews the current association between the City of Fountain Valley and the FVCF and discuss the following items for consideration;
1. Maintain the current working relationship between the City and the Fountain Valley Community Foundation.
2. Separate all association between the City of Fountain Valley and the Fountain Valley Community Foundation. Request that the FVCF amend their bylaws to remove City Council appointments to their Board of Directors. Remove any restricted funding from the FVCF budget in benefit of city programs, services, or capital projects.
3. Amended the current working relationship between the City and the Fountain Valley Community Foundation. Request that the FVCF amend their bylaws stating that City Council Members and Staff Appointees to the FVCF Board of Directors are non-voting members.
Staff Recommendations:
Staff requests City Council direction on the working relationship between the City of Fountain Valley and the Fountain Valley Community Foundation.
Exhibit A
Exhibit B
BYLAWS OF
THE FOUNTAIN VALLEY COMMUNITY FOUNDATION
A California Nonprofit Public Benefit Corporation
BYLAW I
NAME
The name of this corporation is The Fountain Valley Community Foundation.
BYLAW II
PRINCIPAL OFFICE
The principal office for the transaction of the business of the corporation is hereby fixed and located at Fountain Valley, County of Orange, State of California. The address of the principal office is 10200 Slater Avenue, Fountain Valley, California. The Board of Directors may, from time to time, change the location of the principal office from one location to another in said County.
BYLAW III
PURPOSE
This corporation is a nonprofit public benefit corporation and is not organized for the private gain of any person. It is organized under the Nonprofit Public Benefit Corporation Law for public and charitable purposes.
This corporation is organized exclusively for charitable purposes within the meaning of Internal Revenue Code section 501(c)(3) or the corresponding provision of any future United States internal revenue law, more specifically, to solicit, receive, invest and make grants of funds, property and other resources and to provide direct charitable services to aid, sponsor, promote, advance and assist worthy activities, programs and services in the City of Fountain Valley; and to establish and maintain a permanent collection of named funds that carry out the diverse charitable purposes specified by the governing body and donors.
Despite any other provision in these articles, the corporation shall not, except to an insubstantial degree, engage in any activities or exercise any powers that do not further the purposes of this corporation, and the corporation shall not carry on any other activities not permitted to be carried on by (a) a corporation exempt from federal income tax under Internal Revenue Code section 501(c)(3) or the corresponding provision of any future United States internal revenue law, or (b) a corporation, contributions to which are deductible Exhibit C
under Internal Revenue Code section 170(c)(2) or the corresponding provision of any future United States internal revenue law.
BYLAW IV
NONPARTISAN ACTIVITIES
No substantial part of the activities of the corporation shall consist of lobbying or propaganda, or otherwise attempting to influence legislation, and the corporation shall not participate in, or intervene in (including the publishing or distribution of statements) any political campaign on behalf of or in opposition to any candidate for public office.
BYLAW V
DEDICATION OF ASSETS
All corporate property is irrevocably dedicated to the purposes set forth in Article II. No part of the net earnings of the corporation shall inure to the benefit of, or be distributable to its members, trustees, officers, or other private persons, except that the corporation shall be authorized and empowered to pay reasonable compensation for services rendered and to make payments and distributions in furtherance of the purposes set forth in Article II hereof.
BYLAW VI
MEMBERSHIP
The corporation shall have no members and all matters otherwise required by law to be approved by the membership shall require only approval of the Board pursuant to Section 5310 of the California Corporations Code.
BYLAW VII
BOARD OF DIRECTORS
1. Number
The Board of Directors shall consist of no more than 15 directors. 9 to be appointed by city council, the remaining appointments may be made by the Board of Directors as they wish. The number of directors shall be an odd number. Any board seat appointed by the Board of Directors shall require a 2/3 majority vote and be ratified by city council.
2. Powers
a. General corporate powers
Subject to the provisions of the California Nonprofit Corporation law and any limitations in the Articles of Incorporation and these Bylaws relating to action required to be approved by the directors, the business and affairs of the corporation shall be managed, and all corporate powers shall be exercised, by or under the direction of the Board of Directors.
b. Specific Powers
Without prejudice to these general powers, and subject to the same limitations, the directors shall have the power to:
(i) Select and remove all agents and employees of the
corporation; prescribe any powers and duties for them
that are consistent with law, with the articles of
incorporation, and with these Bylaws; and fix their
compensation.
(ii) Change the principal executive office or the principal business office in the State of California from one
location to another; cause the corporation to be
qualified to do business in any other state, territory, dependency, or country and conduct business within or
outside the State of California and designate any place within or outside the State of California for the holding of any meeting or meetings, including annual meetings.
(iii) Adopt, make, and use a corporate seal.
(iv) Borrow money and incur indebtedness on behalf of the corporation and cause to be executed and delivered for
the corporation’s purposes, in the corporate name,
promissory notes, bonds, debentures, deeds of trust,
mortgages, pledges, hypothecations, and other
evidences of debt and securities.
3. Appointment of Director
a. Appointment
Directors shall be appointed annually on a staggered basis by the City of Fountain Valley City Council to hold office until the expiration of his/her term; however, if any annual meeting is not held or the directors are not appointed at any annual meeting, they may be appointed at any City Council meeting held for that purpose. Each director, including a director appointed to fill a vacancy, shall hold office until expiration of the term for which appointed and until a successor has been appointed and qualified. Said annual appointment shall be in coordination with the Fountain Valley City Council’s other appointments. Directors appointed to the board must live, work or serve the city of Fountain Valley.
b. Applications
The City of Fountain Valley will receive applications on an ongoing basis from volunteers who would like to serve on the Fountain Valley Community Foundation Board. Applications are available in the City Clerk’s office located at 10200 Slater Avenue, Fountain Valley. The City Council makes appointments annually.
c. Premature Vacancies on Board
Whenever there is a vacancy in the office of one of the Directors, whether by reason of resignation, removal or death, the vacancy shall be filled by the FVCF Board of Directors and shall hold office until expiration of the term for which appointed or until a successor has been appointed.
4. Term
The term of office of each director shall be for a term of two years. At all times, the terms of the appointed Directors shall be staggered so that approximately one half (1/2) of the Directors shall be appointed each year (i.e. 3 in one year and 4 in the next). Any director may be removed by a 2/3 majority vote by the Board of Directors.
5. Vacancies
a. Events causing vacancy.
A vacancy or vacancies in the Board of Directors shall be deemed to exist on the occurrence of the following:
(i) The death, resignation, or removal by the City Council of any director,
(ii) The declaration by resolution of the Board of Directors of a vacancy of the office of a director who has been declared of unsound mind by an order of court or convicted of a felony or has been found by final order or judgment of any court to have breached a legally imposed duty under the California Nonprofit Corporation Law, or
(iii) The increase of the authorized number of directors. (iv) If a member of the Fountain Valley Community Foundation absents him/herself from three consecutive regular meetings, unless by permission of the Foundation Board as expressed in its official minutes, or is convicted of a crime involving moral turpitude, his/her office shall become vacant and shall be so declared by the City Council.
b. Resignations
Except as provided in this paragraph, any director may resign, which resignation shall be effective on giving written notice to the chairman of the board, the president, the secretary, or the Board of Directors, unless the notice specifies for the resignation to become effective at a future time, the City Council may appoint a successor
to take office when the resignation becomes effective. No director may resign when the corporation would then be left without a duly appointed director or directors in charge of its affairs.
BYLAW VIII
MEETINGS
1. Compliance with Open Meeting Laws.
Meetings of the Board of Directors shall comply with the Ralph M. Brown Act (Government Code sections 54950 et. seq.)
2. Place of meetings; Meetings by telephone
Regular meetings of the Board of Directors may be held at any place within the City of Fountain Valley that has been designated, from time to time, by resolution of the board. Special meetings of the Board shall be held at any place within the City of Fountain Valley that has been designated in the notice of the meeting. Any meeting, regular or special, may be held by conference telephone or similar communication equipment so long as all directors participating in the meeting can hear one another, and all such directors shall be deemed to be present in person at such meeting and said teleconferencing complies with all applicable provisions of the Ralph M. Brown Act. Approval of specific acts may be obtained by telephone roster call so long as such acts are later ratified at a meeting of the Board.
3. Annual Meeting
The Board of Directors shall hold a meeting for the purpose of organization, election of officers, and the transaction of other business.
The Board shall, by resolution, adopt a time and place for the annual meeting; proper notice thereby shall be given to the Board members by the secretary.
4. Other Regular Meetings
Other regular meetings of the Board of Directors shall be held without call at such time as shall, from time to time, be fixed by the Board of Directors.
5. Special Meetings
a. Authority to call
Special meetings of the Board of Directors for any purpose may be called at any time by the chairman of the Board or the president, or any vice president, the secretary, or any two directors.
b. Notice
(i) Manner of giving
Notice of the time and place of special meetings shall be given to each director by one of the following methods: (a) by personal delivery or written notice; (b) by first-class mail, postage paid; (c) by telephone communication, either directly to the director or to a person at the director’s office who would reasonably be expected to communicate such notice promptly to the director; or (d) by telegram, charges prepaid. All such notices shall be given or sent to the director’s address or telephone number as shown on the records of the corporation. (ii) Time Requirements
Notices sent by first class mail shall be deposited into a United States mail box at least four days before the time set for the meeting. Notices given by personal delivery or telephone shall be delivered or telephoned at least 72 hours before the time set for the meeting unless an emergency meeting must be called as provided for in the Ralph M. Brown Act.
(iii) Notice
Notice shall also be provided in compliance with the Ralph M.
Brown Act.
6. Quorum
A majority of the number of Directors shall constitute a quorum for the transaction of business. Every act or decision done or made by a majority of the directors present at a meeting duly held at which a quorum is present shall be regarded as the act of the Board of Directors, subject to the provisions of the California Nonprofit Public Benefit Corporation Law, especially those provisions relating to (i) approval of contracts or transactions in which a director has a direct or indirect material financial interest, (ii) appointment of committees, and (iii) indemnification of directors. A meeting at which a quorum is initially present may continue to transact business, notwithstanding the withdrawal of directors, if any action taken is approved by at least a majority of the required quorum for that meeting.
BYLAW IX
COMMITTEES
The Board of Directors may, by resolution adopted by a majority of the directors then in office, designate one or more committees, each consisting of one or more directors, to serve at the pleasure of the Board. Any committee, to the extent provided in the resolution of the Board, shall have all the authority of the Board, except that no committee, regardless of Board resolution, may;
1. Fill vacancies on the Board of Directors or in any committee;
2. Amend or repeal Bylaws or adopt new Bylaws;
3. Amend or repeal any resolution of the Board of Directors which by its express terms is not so amendable or repealable;
4. Appoint any other committees of the Board of Directors or the members of these committees;
5. Approve any transaction (1) to which the corporation is a party and one or more directors have a material financial interest; or (2) between the corporation and one or more of its directors or between the corporation or any person in which one or more of its directors have a material financial interest.
BYLAW X
OFFICERS
1. Officers
The officers of the corporation shall be President, President Elect or Immediate Past President, Secretary, and Treasurer and such other officers as the Board of Directors may elect. Those officers shall serve without compensation. All officers except the Secretary shall be members of the Board of Directors. The Board may also elect a Chief Executive Officer who shall manage the day to day activities of the corporation as a salaried employee who shall not be a member of the board or an employee, officer or elected official of the City of Fountain Valley. Any number of offices may be held by the same person, except that neither the Secretary nor the Treasurer may serve concurrently as either the President or the Chairman of the Board.
2. Election of Officers
The officers of the corporation, except those appointed in accordance with the provisions of Section 3 of this Article X, shall be chosen by the Board of Directors, and each shall serve at the pleasure of the Board. Terms of office for Secretary and Treasurer are two years. The term for the President will last four years as the President will serve as the President Elect, President, and Immediate Past President.
Year 1: President Elect
Year 2: President
Year 3: President
Year 4: Immediate Past President
Each January the Board of Directors will engage in elections and/or approve the role changes for the President and the composition of the Executive Board.
3. Subordinate Officers
The Board of Directors may appoint, and may authorize the chairman of the board or the president or another officer to appoint, any other officers that the business of the corporation may require, each of whom shall have the title, hold office for the period, have the authority, and perform the duties specified in the Bylaws or determined from time to time by the Board of Directors.
4. Removal of Officers
Any officer may be removed, with or without cause, by the Board of Directors at any regular or special meeting of the Board or, except in the case of an officer chosen by the Board of Directors, by an officer on whom such power of removal may be conferred by the Board of Directors.
5. Resignation of Officers
Any officer may resign at any time by giving written notice to the corporation.
Any resignation shall take effect on the date of the receipt of that notice or at any later time specified in that notice; and, unless otherwise specified in that notice, the acceptance of the resignation shall not be necessary to make it effective. Any resignation is without prejudice to the rights, if any, of the corporation under any contract to which the officer is a party.
6. Vacancies in Offices
A vacancy in any office because of death, resignation, removal, disqualification, or any other cause shall be filled only in the manner prescribed in these Bylaws for regular appointments to that office.
7. Responsibilities of Officers
(a) Chairman of the Board
If such an officer be elected, the Chairman of the Board shall preside at meetings of the Board of Directors and exercise and perform such other powers and duties as may be from time to time assigned to him by the Board of Directors or prescribed by the Bylaws. If there is no president, the Chairman of the Board shall, in addition, be the Chief Executive Officer of the corporation and shall have the powers and duties prescribed in paragraph b, below.
(b) President
Subject to such supervisory powers as may be given by the Board of Directors to the chairman of the board, if any, the president shall, subject to the control of the Board of Directors, generally supervise, direct, and control the business and the officers of the corporation.
He/She shall preside at all meetings of the Board of Directors and, in the absence of the Chairman of the Board, or if there be none, at all meetings of the Board of Directors. He/She shall have such other powers and duties as may be prescribed by the Board of Directors or the bylaws.
(c) President Elect / Immediate Past President
In the absence or disability of the president, the president elect or the immediate past as designated by the Board of Directors, shall perform all the duties of the president, and when so acting shall have all the powers of, and be subject to all the restrictions upon, the president. The The president elect or the immediate past president shall have such other powers and perform such other duties as from time to time may be prescribed for them respectively by the Board of Directors or the Chairman of the Board.
Page
(d) Secretary
The Secretary shall attend to the following:
(i) Book of minutes
The secretary shall keep or cause to be kept, at the principal executive office or such other place as the Board of
Directors may direct, a book of minutes of all meetings and actions of directors and committees of directors, with the time and place of holding, whether regular or special, and, if special, how authorized, the names of those present at such meetings and the proceedings of such meetings.
(ii) Notices, seal and other duties.
The secretary shall give, or cause to be given, notice of all meetings of the Board of Directors required by the Bylaws to be given. He/She shall keep the seal of the corporation in safe custody. He/She shall have such other powers and
perform such other duties as may be prescribed by the
Board of Directors or the bylaws.
(e) Treasurer
The Treasurer shall attend to the following:
(i) Books of Account
The Chief Financial Officer shall keep and maintain, or cause to be kept and maintained, adequate and correct
books and records of accounts of the properties and
business transactions of the corporation, including accounts of its assets, liabilities, receipts, disbursements, gains, losses, capital, retained earnings, and other matters
customarily included in financial statements. The Chief Financial Officer will also be responsible for the annual audit of the books. The books of account shall be open to
inspection by any director at all reasonable times.
(ii) Deposit and Disbursement of Money and Valuables
The Chief Financial Officer shall deposit all money and other valuables in the name and to the credit of the corporation with such depositories as may be designated by the Board of Directors; shall disburse the funds of the corporation as may be ordered by the Board of Directors; shall render to the president and directors, whenever they request it, an
account of all of his/her transactions as chief financial officer and of the financial condition of the corporation; and shall have other powers and perform such other duties as may be prescribed by the Board of Directors or the Bylaws.
(iii) Bond
If required by the Board of Directors, the chief financial officer shall give the corporation a bond in the amount and Page
10 with the surety or sureties specified by the Board for faithful performance of the duties of his/her office and for restoration to the corporation of all its books, papers, vouchers, money, and other property of every kind in his possession or under his control on his/her death, resignation, retirement, or removal from office.
BYLAW XI
INDEMNIFICATION OF DIRECTORS AND OFFICERS
1. The corporation shall indemnify, defend and save harmless all directors and officers for all claims and potential liability arising from conduct by such director or officer while acting in a lawful board sanctioned manner on behalf of the corporation.
2. The Board of Directors may adopt a policy of reimbursement of expenses to directors, officers and employees for all out of pocket expenses expended on behalf of the corporation.
3. The Board of Directors may adopt a resolution authorizing the purchase and maintenance of insurance on behalf of any director, officer or other agent of the corporation against any liability asserted against or incurred by the director, officer or agent in such capacity or arising out of the person’s status as such, whether or not this corporation would have the power to indemnify such person against that liability under the provisions of this section.
BYLAW XII
RECORDS AND REPORTS
1. MAINTENANCE AND INSPECTION OF ARTICLES AND BYLAWS
The corporation shall keep at its principal executive office, the original or a copy of the Articles and Bylaws as amended to date, which shall be made available to each Board Member.
2. MAINTENANCE AND INSPECTION OF OTHER CORPORATE RECORDS The accounting books, records, and minutes of proceedings of the Board of Directors and any committee(s) of the Board of Directors shall be kept at such place or places designated by the Board of Directors or, in the absence of such designation, at the principal executive office of the corporation. The minutes shall be kept in written or typed form, and the accounting books and records shall be kept either in written or typed form or in any other form capable of being converted into written, typed or printed form. The minute and accounting books and records shall be open to inspection upon the written Page
11 demand of any Board Member at any reasonable time during usual business hours, for a purpose reasonably related to the Director’s interest as a Director. The inspection may be made in person or by an agent or attorney, and shall include the right to copy and make extracts. These rights of inspection shall extend to the records of each subsidiary corporation of the corporation.
3. INSPECTION BY DIRECTORS
Every director shall have the absolute right at any reasonable time to inspect all books, records and documents of every kind and the physical properties of the corporation and each of its subsidiary corporation. This inspection by a director may be made in person or by an agent or attorney, and the right of inspection includes the right to copy and make extracts of documents.
4. ANNUAL REPORT
The annual report referred to in the California Nonprofit Corporation Law is expressly dispensed with, but nothing in these Bylaws shall be interpreted as prohibiting the Board of Directors from issuing annual or other periodic reports to the corporation as they consider appropriate. However, the corporation shall provide to the Directors, within 120 days of the close of its fiscal year, a report containing the following information in reasonable detail:
1. The assets and liabilities, including the trust funds, of the corporation as of the end of the fiscal year.
2. The principal changes in assets and liabilities, including trust funds, during the fiscal year.
3. The revenue or receipts of the corporation both unrestricted and restricted to particular purposes, for the fiscal year.
4. The expenses or disbursements of the corporation, for both general and restricted purposes, during the fiscal year.
5. Any information required by California Corporations Code Section 6322.
BYLAW XIII
CONSTRUCTION AND DEFINITIONS
Unless the context requires otherwise, the general provisions, rules of construction and definitions in the California Nonprofit Corporation Law shall govern the construction of these Bylaws. Without limiting the generality of the above, the singular number includes the plural, the plural number includes the singular, and the term “person” includes both the corporation and a natural person.
Page
12 BYLAW XIV
AMENDMENTS
These Bylaws may be amended in any manner consistent with the articles of incorporation and the California Nonprofit Public Benefit Corporation Law by a majority of the directors.
CERTIFICATE OF SECRETARY
I, the undersigned, certify that I am the presently elected and acting Secretary of the Fountain Valley Community Foundation, a California Public Benefit corporation, and the above Bylaws, consisting of 12 pages, are the Bylaws of this corporation as adopted at a meeting of the Board of Directors held on February 20, 2025, in the City of Fountain Valley, State of California.
Rob Frizzelle, Secretary
As adopted by the Fountain Valley Community Foundation Board, February 20, 2025 City of Fountain Valley
Memorandum
TO: Honorable Mayor and City Council
FROM: Colin Burns, Attorney for the City
DATE: May 20, 2025
SUBJECT: City Scholarships
______________________________________________________________________________ EXECUTIVE SUMMARY:
Staff was requested to present a Study Session on City provided scholarships.
DISCUSSION:
Staff was requested to present a Study Session on City provided scholarships. City scholarships do not violate the gift of public funds rule (Cal. Const. art. XVI, §6) so long as the expenditure has a public purpose. The determination of public purpose lies with the legislative body and will not be disturbed by the courts as long as the determination has a reasonable basis.
Government Code §37350 et seq. authorizes Cities to provide for the general welfare of residents. Education related expenses that are reasonably related to a municipal function, supporting youth development, expanding economic development, are withing this authority.
The City of Irvine has a scholarship program that could be mirrored in Fountain Valley. Irvine provides scholarships between $200-$400 for eligible residents to access educational or community enrichments programs. Irvine’s program is structured in a way that ensures that the expenditures qualify as disbursements for public purposes:
• Funds are not gifted directly to individuals. They are applied to program fees, registration costs for City run or City approved programs
• Strictly eligibility criteria are in place. Applicants are requirement to verify City residency, age, income threshold.
• Policy shows clear public purpose. Funds are used for their intended public benefit, to have eligible residents participate in City run or city approved educational programs. • City retains control. City administers the program to ensure rules and eligibility criteria are enforced.
Staff will present a model for providing City scholarships and seeks Council direction regarding whether to move forward implementing a scholarship program.
City of Fountain Valley
Memorandum
TO: Honorable Mayor and City Council
FROM: Colin Burns, Attorney for the City
DATE: May 20, 2025
SUBJECT: Increasing the Vote from 2 to 3 for Future Consideration of Same Topic ______________________________________________________________________________ EXECUTIVE SUMMARY:
Staff was requested to present a Study Session on increasing the vote from 2 to 3 for future consideration of an item addressing the same subject matter as one previously considered.
DISCUSSION:
The Fountain Valley Municipal Code currently provides for “Council initiated items” as follows:
§ 2.04.150 Council initiated items.
Any councilmember shall have the right to have an item considered at a subsequent meeting by raising the item at a council meeting and receiving at least one concurring vote to have the item placed on a future agenda.
A request was made that Staff present a Study Session on increasing the vote from “one concurring vote” to “two concurring votes” to have an item placed on a future agenda, when the item to be placed on a future agenda concerns the same subject matter as an item that had already been considered by Council at anytime within the past 12 months.
Staff will present a Study Session and seeks City Council’s direction on whether to proceed with a revision to the above Municipal Code.
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 5:00 p.m.
Regular Meeting 6:00 p.m.
Tuesday, May 6, 2025
Council Chambers
CLOSED SESSION
CALL TO ORDER 4:00 p.m.
1. CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code §54957.6. Agency Designated Representatives: City Manager, Maggie Le, Finance Director, Ryan Smith, Acting Human Resources Director, Tania Knauerhaze, Community Development Director / Deputy City Manager, Omar Dadabhoy, 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
2. PUBLIC EMPLOYEE APPOINTMENT
Title: Chief of Police
No reportable action
3. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Section 54956.9:
(4 potential cases - facts and circumstances unknown to potential plaintiffs) No reportable action
4. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION
(Paragraph (1) of subdivision (d) of Section 54956.9)
Name of case: Janet Waller vs City of FV
No reportable action
STUDY SESSION
CALL TO ORDER 5:26 p.m.
PUBLIC COMMENTS (Study Session matters only)
The Study Session for items 2 and 3 were continued until the Regular Meeting concluded.
1. Garfield-Gisler Bridge – Presentation by Scott Smith, Public Works Director Public Comments: Ben Nielsen, Katy Wright
Scott Smith and from OCTA gave the City Council a presentation on the Garfield-Gisler Bridge.
2. Budget Workshop – Presentation by Ryan Smith, Finance Director Ryan Smith and Robin Harnish provided the City Council with an update on the projected budget for Fiscal Year 2025-26 and 2026-27.
3. Discussion on Charter City – Presentation by Colin Burns, Attorney for the City City Attorney Colin Burns provided the City Council with information on how the city would become a Charter City.
OPEN SESSION
CALL TO ORDER 6:05 p.m.
INVOCATION Pastor Deena Querry
SALUTE TO THE FLAG Vice Mayor Jim Cunneen
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 and Mayor Ted Bui provided their updates.
PRESENTATIONS
Recognition of Memorial Care Orange Coast Medical Center – Presentation by Police Sergeant, Jennifer Pratt and Interim Police Chief, Rod Cox
Sergeant Jennifer Pratt and Interim Police Chief Rod Cox recognized and thanked Memorial Care for their donation allowing for the Police Department to purchase new AED’s for Police vehicles.
Business Recognition – FamVans – Presentation By Mayor Bui The owner of FamVans was unable to make the meeting and Mayor Bui thanked them for their contributions to the City.
Business Recognition – Sams Club – Presentation By Mayor Bui Mayor Bui presented Sam’s Club with a business recognition. AWWA Cal-Nevada Best of the Best and People’s Choice Taste Test Awards – Presentation by Mark Sprague, Field Services Manager
Mark Sprague informed the City Council that the city was awarded the AWWA Cal-Nevada Best of the Best and People’s Choice Taste Test Awards for our water. Proclamation Recognizing May 18 – 24, 2025 as Public Works Week – Presentation by Mayor Bui
Mayor Bui presented the Public Works Team with a proclamation recognizing May 18 – 24 as Public Works Week.
FIRST CITY COUNCIL/ SUCCESSOR AGENCY/ HOUSING AUTHORITY/ PUBLIC COMMENTS (Unscheduled Matters Only)
Al Schwerin
CONSENT CALENDAR
Consent Calendar Items 1 through 3 were approved simultaneously. Item number 4 was pulled by Council Member Grandis
1. Receive and File the Draft Minutes of the April 15, 2025 Regular City Council Meeting ACTION: Move to Receive and File the Draft Minutes of the April 15, 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 4/4/2025 to 4/24/2025
ACTION: Move to Approve the Register of Demands for the period of 4/4/2025 to 4/24/2025 MOTION: Constantine SECOND: Grandis
AYES: Constantine, Grandis, Harper, Cunneen, Bui
NOES: None
ABSENT: None
ABSTAIN: None
3. Item Pulled by Council Member Constantine
Second Reading and Adoption of Sidewalk Vending Ordinance ACTION: Move to Approve the Second Reading and Adoption of Sidewalk Vending Ordinance MOTION: Constantine SECOND: Grandis
AYES: Constantine, Grandis, Harper, Cunneen, Bui
NOES: None
ABSENT: None
ABSTAIN: None
4. Request Approval to Amend Contract 17-14 (1226) with Infosend to provide Hearing Notifications in the amount of $35,000.
ACTION: Move to Approve the Request to Amend Contract 17-14 (1226) with Infosend to provide Hearing Notifications in the amount of $35,000.
MOTION: Constantine SECOND: Grandis
AYES: Constantine, Grandis, Harper, Cunneen, Bui
NOES: None
ABSENT: None
ABSTAIN: None
PUBLIC HEARINGS
5. Public Hearing and Introduction: Code Amendment No. 25-04 – An Amendment To Fountain Valley Municipal Code (FVMC) Section 21.08.055 For Accessory Dwelling Units (ADU’s) Public Hearing Opened: 6:46 p.m.
No public Comments
Public Hearing Closed at 6:46 p.m.
ACTION: Move to Approve the Introduction: Code Amendment No. 25-04 – An Amendment To Fountain Valley Municipal Code (FVMC) Section 21.08.055 For Accessory Dwelling Units (ADU’s)
MOTION: Harper SECOND: Constantine
AYES: Constantine, Grandis, Harper, Cunneen, Bui
NOES: None
ABSENT: None
ABSTAIN: None
6. Public Hearing and Introduction: Code Amendment No. 23-07 – An Amendment To The Land Use Requirements In The Workplace Neighborhood District To Allow For Collectible Vehicle Sales In The Fountain Valley Crossings Specific Plan Area Public Hearing Opened: 6:54 p.m.
No public Comments
Public Hearing Closed at 6:54 p.m.
ACTION: Move to Approve the Introduction: Code Amendment No. 23-07 – An Amendment To The Land Use Requirements In The Workplace Neighborhood District To Allow For Collectible Vehicle Sales In The Fountain Valley Crossings Specific Plan Area
MOTION: Constantine SECOND: Cunneen
AYES: Constantine, Grandis, Harper, Cunneen, Bui
NOES: None
ABSENT: None
ABSTAIN: None
ADMINISTRATIVE ITEMS
7. City of Fountain Valley Six Month Strategic Objectives Adoption for March 27, 2025 through September 23, 2025
ACTION: Move to Approve the City of Fountain Valley Six Month Strategic Objectives Adoption for March 27, 2025 through September 23, 2025
MOTION: Constantine SECOND: Harper
AYES: Constantine, Grandis, Harper, Cunneen, Bui
NOES: None
ABSENT: None
ABSTAIN: None
8. Waive the bidding requirements pursuant to FVMC 2.36.070 Par 2 and authorize staff to issue a sole source purchase order to Thirkettle Corporation DBA Aqua Metric Sales Company in the amount of $139,143.03 with an installation contingency of $10,000 for a total of $149,143.03 to upgrade existing Advanced Metering Infrastructure (AMI) base stations to Sensus FlexNet M420B Base Stations.
ACTION: Move to Approve Waiving the bidding requirements pursuant to FVMC 2.36.070 Par 2 and authorize staff to issue a sole source purchase order to Thirkettle Corporation DBA Aqua Metric Sales Company in the amount of $139,143.03 with an installation contingency of $10,000 for a total of $149,143.03 to upgrade existing Advanced Metering Infrastructure (AMI) base stations to Sensus FlexNet M420B Base Stations.
MOTION: Grandis SECOND: Constantine
AYES: Constantine, Grandis, Harper, Cunneen, Bui
NOES: None
ABSENT: None
ABSTAIN: None
9. Establish a City Vehicle Leasing Program Through Approval of Master Equity Lease Agreement and Related Documents with Enterprise Fleet Management, Inc.
ACTION: Move to Approve establishing a City Vehicle Leasing Program Through Approval of Master Equity Lease Agreement and Related Documents with Enterprise Fleet Management, Inc.
MOTION: Constantine SECOND: Grandis
AYES: Constantine, Grandis, Harper, Cunneen, Bui
NOES: None
ABSENT: None
ABSTAIN: None
10. Waste Disposal Agreement 2nd Amend & Proposition 218 Notice Approve Execution of 2nd Amend to OC Waste Disposal Agreement; Approve Mailing of Notice of Proposition 218 Public Protest Hearing for OC Waste & Recycling Landfill Disposal Rate Fee Increase ACTION: Move to Approve the Waste Disposal Agreement 2nd Amend & Proposition 218 Notice Approve Execution of 2nd Amend to OC Waste Disposal Agreement; Approve Mailing of Notice of Proposition 218 Public Protest Hearing for OC
Waste & Recycling Landfill Disposal Rate Fee Increase
MOTION: Cunneen SECOND: Grandis
AYES: Constantine, Grandis, Harper, Cunneen, Bui
NOES: None
ABSENT: None
ABSTAIN: None
11. Ratification of Fountain Valley Community Foundation Board of Directors Appointees ACTION: Move to Approve Mayor Bui as the Alternate to the Community Foundation and Council Member Constantine as the City Council Representative to the Community Foundation
MOTION: Bui SECOND: Grandis
AYES: Constantine, Grandis, Harper, Cunneen, Bui
NOES: None
ABSENT: None
ABSTAIN: None
COUNCIL MEMBER ITEMS FOR FUTURE CONSIDERATION
Council Member Constantine requested that staff provide a review of the Community Foundation purpose. Second by Council Member Grandis
Council member Constantine requested that staff bring back a policy on filming city events. Second by Council Member Grandis
Mayor Bui requested that Ellis park be renamed to Ed Arnold Park. Second by Council Member Constantine
CITY COUNCIL/ SUCCESSOR AGENCY/ HOUSING AUTHORITY/ PUBLIC COMMENTS (Unscheduled Matters Only)
None
CITY COUNCIL/SUCCESSOR AGENCY/HOUSING AUTHORITY AB 1234/GENERAL COMMENTS Mayor Bui
No report given
Vice Mayor Cunneen
April 16 Attended the Opening Ceremony in Mission Viejo for a new segment of the I-5 South highway improvement project
April 17 Attended the Mayor’s Breakfast
April 22 Attended the Rotary Awards for Fountain Valley School District teacher of the Year April 23 Attended the Chamber of Commerce FV Connect Breakfast May 1 Attended the Grand opening of Amazon Fresh
Council Member Grandis
April 16 Attended the OC Sanitation Board Meeting
April 17 Attended the Mayor’s breakfast, Kiwanis Meeting and the Community Foundation Board meeting and volunteer meeting
April 19 Attended the Fountain valley Easter Egg Hunt, the Woman’s Club Murder Mystery Part 2 and Mrs. Schuman’s memorial
April 22 Attended the Boys and Girls Club Capital Campaign and then the Board meeting April 23 Attended the FV Connect Breakfast and the OC Sanitation Steering Committee, followed by the Board meeting
April 25 Attended the Fire Department badge Ceremony
April 26 Attended the Volunteers Day of Service and the Poker Tournament April 29 Attended the Cal CCA Conference
May 1 Attended the Amazon Fresh Ribbon Cutting, Kiwanis meeting and the retirement ceremony of Lt. Kham Vang
May 5 Attended the FVSD Educational Foundation Board Meeting Council Member Constantine
April 15 Stopped in at the “Earth Day with Recycling” event with OC Waste and Recycling at the Fountain Valley Library.
April 16 Stopped in at the Preschool Storytime Spring Session at the Fountain Valley Library, then did a to go order from Cambalache benefitting the Philharmonic Society’s Youth Education Program. Later, I stopped in at the movie “Love Me Tonight - 1932” - at the Fountain Valley Library.
April 17 Participated, as our City of Fountain Valley Trustee, in the monthly Orange County Mosquito and Vector Control Board Meeting at Orange County Mosquito and Vector Control District Office in Garden Grove. Later, I watched both the Fountain Valley Community monthly Foundation Grants and Board Meetings on Zoom.
Watched the Orange County Municipal Water District Waste Water Workshop on Zoom.
April 19 Participated in our annual Easter Egg Hunt at the Fountain Valley Library Sports Park, then stopped in at the Green Valley Community “Easter Egg-citement” on the Green Valley South Greenbelt.
April 22-25 Attended the Sacramento trip for the City of Fountain Valley, League of California Cities:
April 22 Flew out of Long Beach Airport to Sacramento with City Manager, Maggie Le, on Southwest Airlines for the “League of California Cities City Leaders Summit” April 23rd - April 25th at the Safe Credit Union Convention Center.
April 23 Sat in on hearings for numerous Senate Bills at the California State Capitol. In the afternoon, we attended meetings with various electeds as hosted by Connor Medina, Regional Public Affairs Manager of the Orange County Division of the League of California Cities in the Swing Space Offices. Meetings included: CA
State Assembly Member Tri Ta, CA State Assembly Member Sharon Quirk-Silva, and CA State Senator Tony Strickland. Later, we attended these sessions at the Safe Credit Union Convention Center:
“Homeless Encampments: State and Local Strategies” and “California State Budget: Potential Outcomes of Federal Budget Cuts”.
April 24 We attended various concurrent sessions at the Safe Credit Union Convention Center. Since the sessions were concurrent, we split, and I attended:
“Bridging Prosperity: Leveraging the Synergy Between Housing, Commerce, and Public Spaces to Create Thriving Communities”, Speed Sessions: “When the Public Crosses the Line”, Unofficial Guide to Surviving in Elected Office”, and “Today’s Roadmap to Economic Development: Climate Action, Zoning, and Housing”.
After the onsite Networking Luncheon, we were in the General Session and heard opening remarks from Debbie Baker, President, Mayors and Council Members Department and Council Member, La Palma. Tristan Cleveland was the informative Keynote Speaker. He’s a community designer and urban columnist.
Immediately after, we returned to the State Capitol where I lent my voice in opposition to Assembly Bill 647, yet it passed; then, support for Assembly Bill 650 — and it passed very solidly. Connor Medina, California League of Cities, was also in attendance.
Afternoon sessions I attended included: “Addressing Climate and Environmental Inequities in Black Communities” and “California’s Economic Outlook: Navigating the Future with Data-Driven Insights”. I also tuned in to the CASLAR (California Sober Living and Recovery Task Force) Sober Living Task Force Meeting on Zoom, as I wanted to stay in-the-loop on the goings on. In the early evening, logged on to Zoom to watch the Fountain Valley Measure HH Advisory Oversight Committee to stay abreast of this City Committee, as it’s one of the City Committee’s I’m on.
April 25 Attended our annual Fire Department Badge Ceremony at Founders Village Senior and Community Center.
April 26 Attended the Spring Garden Sale of the Fountain Valley Friends of the Library at the Fountain Valley Library.
April 29 Watched the Special Orange County Board of Supervisors Meeting on the County’s website. The Meeting topic was former Orange County Board of Supervisors Andrew Do.
May 1 Participated in the grand opening of Amazon Fresh. In the afternoon, I attended the retirement of Fountain Valley Lieutenant Kham Vang at City Hall. He served our community for nearly 30 years. In the evening, I participated in the Fountain Valley Advisory Committee for Persons with Disabilities Meeting at Founders Village Senior and Community Center.
May 2 I attended the Prom-themed Dance for senior citizens at Founders Village Senior and Community Center. What a great crowd — and the ‘Then and Now’ Band was stellar.
May 3 Stopped in at the 2nd Saturday Fountain Valley Friends of the Fountain Valley Library Spring Plant Sale, as last weekend we had some rain. The sale was held at the Fountain Valley Library. Later, I attended our new community event, our Fountain Valley Luau in honor of Asian American Pacific Islander Month at the Fountain Valley Sports Park. After that, I stopped in at the Spring Social vendor event at Los Caballeros. Later, I toured the Mary Lou Heard Garden Homes for day one of this annual event.
May 4 Toured more Mary Lou Heard Garden Homes for day two of this annual event, then attended the Aloha Festival in Huntington Beach. In the evening, stopped in at the Eagle Forum of Orange County in which the presentation was “California’s Water Crisis” by Denice Gary-Pandora at the Calvary Chapel of the Harbour in Huntington Beach.
May 6 I watched the Orange County Board of Supervisors Meeting on the County of Orange website, then participated in the Budget Workshop of the Orange County Mosquito and Vector Control, for which I am our City of Fountain Valley Trustee.
The Workshop was held at the Orange County Mosquito and Vector Control District.
Council Member Harper
April 16 Attended the PCTA Board Meeting
April 17 Attended the Mayor’s Breakfast and the Mobile Source Air Pollution Reduction Committee
April 19 Attended the Easter Egg Hunt
April 23 Attended the OCTA Finance Committee meeting
April 24 Attended the Sober Living Home Task Force meeting April 25 Attended the Fire Department Badger Ceremony
April 28 Attended the OCTA Board Meeting
April 30 – May 2 Attended the SCAG General Assembly
May 3 Attended the Fountain valley Luau at the Sports Park May 5 Attended the OCTA regional Transportation Planning Committee
ADJOURN THE MEETING OF THE CITY COUNCIL/SUCCESSOR AGENCY/HOUSING
AUTHORITY
Mayor Bui recessed the Regular meeting to reconvene in Closed Session to discuss item 3 on the Closed Session Agenda.
Mayor Bui adjourned the meeting at 9:21 pm to the next Meeting of the Fountain Valley City Council on May 20, 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: May 20, 2025
Members of the City Council
SUBJECT: City of Fountain Valley Register of Demands for the period of 4/25/2025 to 5/8/2025 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 certifies 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 4/25/2025 and 5/8/2025 for a total of $3,180,043.02.
ATTORNEY REVIEW:
The Attorney for the City reviewed this staff report and concurs with the recommended action.
PUBLIC NOTIFICATION:
Not applicable.
Register of Demands
May 20, 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 4/25/2025 and 5/8/2025 for a total of $3,180,043.02.
Prepared by: Ryan Smith, Finance Director
Reviewed by: Colin Burns, City Attorney
Approved by: Maggie Le, City Manager
Attachment 1: Register of Demands 4/25/2025 to 5/8/2025.
City Of Fountain Valley
Register of Demands
4/25/2025 - 5/8/2025
Department
Check
Date Vendor Description Doc #
Check/ACH
# Amount
10010103 OFFICE OF CITY MANAGER
05/01/25 KNIGHT LEADERSHIP SO MAR. 2025 STRATEGIC PLANNING SESSIONS 36925 2315008 5,500.00 TOTAL OFFICE OF CITY MANAGER 5,500.00
10010104 ADMIN SERVICES
05/08/25 AT&T MOBILITY 3/27 - 4/26/25 ADMIN CELL PHONES 37201 2315054 246.21 05/08/25 TOWNSEND PUBLIC AFFA MAY 2025 GRANT WRITING SERVCES 37026 2315149 6,000.00 TOTAL ADMIN SERVICES 6,246.21
10010105 RECORDS MANAGEMENT
05/01/25 GENERAL CODE LLC SUPPLEMENT PROJECT NO. 99 36826 3840 1,061.00 TOTAL RECORDS MANAGEMENT 1,061.00
10020200 HUMAN RESOURCES
05/01/25 SHRED-IT USA LLC 2/12/2025 FREE THE FILES ONE TIME HR 36825 2315024 368.20 05/08/25 DEPARTMENT OF JUSTIC MAR 2025 HR DEPT LIVESCAN/FINGERPRINT 37109 2315078 32.00 05/01/25 LIEBERT, CASSIDY & W 2025 MEMBERSHIP - LCW OC EMP RELATIONS 36821 3844 4,730.00 05/08/25 VERIZON WIRELESS 3/26/25 - 4/25/25 - HR CELL PHONES 37181 2315163 42.06 05/08/25 AT&T MOBILITY 3/27/24 -4/26/25 HR CELL PHONE 37182 2315051 273.30 05/01/25 EXPERIAN 3/29 - 4/25/2025 PRE EMPLOYMENT CREDIT 36945 2314998 25.00 05/08/25 SHRED-IT USA LLC 4-16-2025 MONTHLY SHRED-IT SERVICES FOR 37076 2315128 126.81 05/08/25 BIOMETRICS4ALL, INC APR 2025- HR RELAY FEES 37017 3866 9.00 05/08/25 AMAZON 4/08/2025 - 4/22/2025 HR OFFICE SUPPLIES 37067 3856 261.11 05/08/25 HEALTH DIMENSIONS HEALTH DIMENSIONS 2025 HEALTH FAIR 37093 2315098 2,800.00 05/08/25 LM INVESTIGATIONS INVESTIGATION SERVICES FOR IT DEPT 37159 2315103 1,808.80 TOTAL HUMAN RESOURCES 10,476.28
10030300 PLANNING
05/08/25 ULTRASYSTEMS ENVIRON ULTRASYSTEMS CONTRACT 37222 3898 51,408.50 05/01/25 AZCONA, KRISTIN J. LEAGUE OF CA CITIES-PC ACADEMY MAR 5-7 36814 3833 1,118.41 05/01/25 AZCONA, KRISTIN J. APR 25 PLANNING COMMISSIONER STIPEND 36815 3833 50.00 05/01/25 HUEBNER, ALICIA APR 25 PLANNING COMMISSIONERS STIPEND 36816 3841 50.00 05/01/25 AZCONA, KRISTIN J. MAR 25 PLANNING COMMISSIONERS STIPEND 36817 3833 50.00 05/01/25 HUEBNER, ALICIA MAR 25 PLANNING COMMISSIONERS STIPEND 36818 3841 50.00 05/08/25 VERIZON WIRELESS 4/26-5/25/25 CELL PHONES & IPADS 37225 2315167 124.15 05/08/25 AT&T MOBILITY 4/27-5/26/25 CELL PHONES/IPADS 37226 2315056 45.31 05/08/25 CHUCK TON REFUND FV INV 23074 MANIPULATE INK 36957 2315063 3,705.00 05/01/25 CHUCK TON REFUND - POSTAGE FV INV 23478 36958 2314988 305.14 05/08/25 MICHAEL BAKER INTERN CONTRACT ASSISTANT PLANNER SERVICES 37121 3881 7,220.00 TOTAL PLANNING 64,126.51
10030301 BUILDING & SAFETY
05/08/25 VERIZON WIRELESS 4/26-5/25/25 CELL PHONES & IPADS 37225 2315167 203.03
TOTAL BUILDING & SAFETY 203.03
10030305 ECONOMIC DEVELOPMENT
05/08/25 COSTAR REALTY INFORM REAL ESTATE SEARCH SERVICE 37122 2315069 412.69 TOTAL ECONOMIC DEVELOPMENT 412.69
10030310 CODE ENFORCEMENT
05/08/25 VERIZON WIRELESS 4/26-5/25/25 CELL PHONES & IPADS 37225 2315167 38.01 TOTAL CODE ENFORCEMENT 38.01
10040400 FINANCE
05/08/25 NBS GOVERNMENT FINAN FIRE FACILITIES IMPACT FEE STUDY - FEB 28, 37219 2315108 1,207.50 05/01/25 U.S. BANK PFA LRB 2016A ADMIN FEES 3/2025-2/2026 36946 2315038 1,905.00 05/01/25 U.S. BANK 2017 CREBS ADMIN FEES 3/2025-2/2026 36947 2315038 1,750.00 05/01/25 RAMS, LLP FY23/24 MEASURE HH AUP 36558 2315018 2,600.00 05/08/25 U.S. BANK PFA WTR REV 14A ADMIN FEES 25/26 37193 2315152 1,952.50 05/08/25 AT&T MOBILITY 4/27 - 5/26/25 R SMITH CELL PHONE 37202 2315055 45.31 05/08/25 HDL COREN & CONE APR-JUN 2025 - PROPERTY TAX CONTRACT 37024 2315097 3,960.00 05/08/25 NBS GOVERNMENT FINAN FIRE FACILITIES IMPACT FEE STUDY - APRIL 30, 37220 2315108 3,050.00 TOTAL FINANCE 16,470.31
10040401 PURCHASING
05/01/25 CINTAS CORPORATION 2 202412 FIRST AID SUPPLIES 36895 2314989 24.53 TOTAL PURCHASING 24.53
10050500 ENGINEERING
05/01/25 AT&T MOBILITY 02/27-03/26/25 CELL PHONE TG SM KK JP KH RD 36655 2314981 415.90 05/08/25 AGA ENGINEERS, INC MAR 2025 - EUCLID & HEIL DEV TRAFFIC 36954 2315044 1,400.00 05/08/25 AMAZON APR 2025 - PW ENG OFFICE SUPPLIES 37117 3855 54.14 05/08/25 AMAZON APR 2025 - PW ENG OFFICE SUPPLIES 37118 3855 419.18 05/08/25 AMAZON APR 2025 - PW ENG OFFICE SUPPLIES 37119 3855 40.16 05/08/25 CANON SOLUTIONS AMER MAY 2025 - CANON MAINTENANCE & SERVICES 37007 2315060 393.98 TOTAL ENGINEERING 2,723.36
10050503 STREET LIGHTING
05/01/25 SO CALIF EDISON CO 1/23 -2/23/25 TRAFFIS SIGNALS 36280 2315026 5,783.43 05/01/25 SO CALIF EDISON CO 3/1 - 3/31/25 STREET LIGHTS NEW 36516 2315027 17,965.68 05/08/25 SO CALIF EDISON CO 3/1 - 3/31/25 STREET LIGHTS 36589 2315131 9,091.94 05/01/25 YUNEX, LLC MAR 2025 - T.S. MAINTENANCE 36663 3852 3,235.24 05/01/25 YUNEX, LLC MAR 2025 - T.S. CALL OUTS 36664 3852 1,912.53 05/01/25 SO CALIF EDISON CO 2/24 - 3/24/25 TRAFFIC SIGNALS 36794 2315028 5,231.73 TOTAL STREET LIGHTING 43,220.55
10050551 TREE MAINTENANCE
05/08/25 GREAT SCOTT TREE SER EMERGENCY REMOVAL ON MYRTLEWOOD ST. 36842 3873 534.35 05/08/25 GREAT SCOTT TREE SER TREE PLANTINGS IN ROWS & PARKS 36840 3873 6,586.92 05/08/25 GREAT SCOTT TREE SER EMERGENCY REMOVAL AT LA AMAPOLA AVE. 36846 3873 801.52 05/08/25 GREAT SCOTT TREE SER EMERGENCY REMOVAL AT LA CAPILLA 36844 3873 534.35 TOTAL TREE MAINTENANCE 8,457.14
10050552 PARK MAINTENANCE
05/08/25 MERCHANTS LANDSCAPE 1/2025 GENERAL MAINT OF FACILITIES 36869 3880 2,940.03 05/01/25 SO CALIF EDISON CO WESTMONT PARK LEASE (2025) - ANNUAL 36653 2315030 3,355.38
05/08/25 IRVINE PIPE & SUPPLY REPLACED BROKEN GATE VALVE -CORDATA 36792 2315099 446.33 05/08/25 MERCHANTS LANDSCAPE 3/2025 GENERAL MAINT OF PARKS 36864 3880 19,096.80 05/08/25 MERCHANTS LANDSCAPE 3/2025 GENERAL MAINT OF FACILITIES 36871 3880 2,940.03 05/08/25 JHM SUPPLY, INC IRRIGATION PIPE & GLUE STOCK FOR PARKS 36936 2315100 774.93 05/08/25 SITEONE LANDSCAPE SU IRRIGATION PARKS FOR PARTS STOCK 37046 2315130 784.76 05/08/25 SAKIOKA WHOLESALE NU ANNUALS REPLACEMENTS AT SENIOR CENTER
37044 2315126 77.58
05/08/25 SO CALIF EDISON CO 4/4/25-5/5/25 NIEBLAS PARK 37208 2315137 26.16 TOTAL PARK MAINTENANCE 30,442.00
10050554 PAVEMENT MAINTENANCE
05/08/25 VULCAN MATERIAL COMP SIDEWALK RAMPS 37030 2315168 300.44 05/08/25 VULCAN MATERIAL COMP ASPHALT WATER REPAIR 37033 2315169 126.74 05/08/25 VULCAN MATERIAL COMP SPORTS PARK RAMP 37035 2315170 293.61 05/08/25 VULCAN MATERIAL COMP ASPHALT WATER REPAIR 37038 2315171 301.60 05/08/25 VULCAN MATERIAL COMP ASPHALT WATER REPAIR 37040 2315172 305.07 TOTAL PAVEMENT MAINTENANCE 1,327.46
10050555 STORM DRAIN MAINT
05/08/25 SO CALIF EDISON CO 3/18/25-4/15/25 SANDALWOOD PUMP STATION 37223 2315140 627.63 TOTAL STORM DRAIN MAINT 627.63
10050558 RECREATION CENTER
05/08/25 MERCHANTS LANDSCAPE FERTIGATION FOR MARCH ROOT MAXX & 36848 3880 978.80 05/08/25 MERCHANTS LANDSCAPE 3/2025 GENERAL SPORTS PARK MAINT. 36852 3880 35,889.48 05/08/25 SAKIOKA WHOLESALE NU RENOVATED PLANTERS OUTSIDE OF FIELD 7- 37027 2315124 1,070.77 05/08/25 SAKIOKA WHOLESALE NU RENOVATED PLANTERS OUTSIDE OF FIELD 7- 37028 2315125 2,835.17 TOTAL RECREATION CENTER 40,774.22
10060600 FIRE SUPPRESSION
05/01/25 REPUBLIC EVS INSTALLATION RADIO CHARGERS IN 36900 2315019 948.27 05/01/25 AMAZON AUTO EJECT COVERS APPARATUS 36902 3832 59.46 05/01/25 AMAZON JANITORIAL SUPPLIES STATIONS 36904 3832 147.39 05/01/25 CITY OF ANAHEIM/METR FIRE DISPATCH SERVICES-METRO NET 4TH 36906 2314990 44,325.67 05/01/25 PURETEC INDUSTRIAL W DEIONIZED WATER SYSTEM - STATION 2 36913 2315017 126.61 05/01/25 MES SERVICE CO SCBA REPAIR 36914 3847 62.61
05/01/25 MES SERVICE CO ANNUAL SCBA FLOW TESTING 36917 3847 2,075.00 05/01/25 COMPRESSED AIR SPECI QUARTERLY AIRT TEST 36918 2314991 598.13 05/01/25 AMAZON BADGE CEREMONY BALLOONS 36919 3832 17.66 05/08/25 CONCENTRA MEDICAL CE FIRE ANNUAL PHYSICALS 37123 2315068 3,072.00 05/08/25 CONCENTRA MEDICAL CE FIRE ANNUAL PHYSICALS 37124 2315068 8,972.00 05/08/25 CONCENTRA MEDICAL CE FIRE ANNUAL PHYSICALS 37125 2315068 9,052.00 05/08/25 CONCENTRA MEDICAL CE FIRE ANNUAL PHYSICALS 37126 2315068 6,148.00 05/08/25 CONCENTRA MEDICAL CE FIRE ANNUAL PHYSICALS 37127 2315068 3,117.00 05/08/25 AT&T MOBILITY 3.9.25-4.8.25 FIRE BACK UP CELLS 37132 2315049 201.20 05/08/25 VERIZON WIRELESS 4.23.25-5.22.25 FIRE AVL TRACKERS 37134 2315162 990.26 05/08/25 TURNOUT MAINTENANCE REPAIR AND CLEANING OF TURNOUTS 37138 2315150 795.11 05/08/25 TURNOUT MAINTENANCE REPAIR AND CLEANING OF TURNOUTS 37140 2315150 481.00 05/08/25 PURETEC INDUSTRIAL W DEIONIZED WATER TANK RENTAL STATION 1 37161 2315113 20.64 05/08/25 ARAMARK REFRESHMENT FIRE STATION 1 COFFEE LEASE 37162 2315048 28.00
05/08/25 AMAZON IMPACT REMOTE SPEAKER MIC 37163 3855 445.86 05/08/25 AMAZON IMPACT REMOTE SPEAKER MIC (5) 37164 3855 2,249.45 05/08/25 L.N. CURTIS & SONS STIHL CHAINSAW 37165 2315101 1,757.36 05/08/25 SVT FLEET SOLUTIONS APPARATUS MAINTENANCE AND REPAIR #8209 37171 3895 11,326.12 05/08/25 CITY OF HUNTINGTON B ANNUAL AGREEMENT FOR FIRE DEPT. 37172 2315066 12,586.00 05/08/25 GALLS, LLC DUTY JACKET - LYONS 37173 2315091 150.85 05/08/25 AT&T MOBILITY 3.9.25-4.8.25 FIRE CELL PHONES 37177 2315050 185.37 05/08/25 COUNTY OF ORANGE IMPRES 2 SINGLE UNIT VEHICULAR CHARGER 37179 2315070 398.04 05/08/25 VERIZON WIRELESS 4.26.25-5.25.25 FIRE CELL PHONES 37210 2315165 247.15 05/08/25 TURNOUT MAINTENANCE REPAIR & CLEAN TURNOUTS 37214 2315150 398.03 05/08/25 AMAZON JANITORIAL SUPPLIES 37216 3855 92.98
05/08/25 AMAZON JANITORIAL SUPPLIES 37218 3855 118.99
TOTAL FIRE SUPPRESSION 111,194.21
10060601 PARAMEDICS
05/01/25 LINEGEAR FIRE & RESC DUTY UNIFORMS - REEVES 36907 3846 849.07 05/01/25 GALLS, LLC DUTY SHIRT - OCHOA 36920 2315004 167.00 TOTAL PARAMEDICS 1,016.07
10060602 AMBULANCE SERVICES
05/01/25 BOUND TREE MEDICAL 1st AID/PARAMEDIC SUPPLIES 36878 3834 126.60 05/01/25 BOUND TREE MEDICAL 1st AID/PARAMEDIC SUPPLIES 36879 3834 68.87 05/01/25 LIFE ASSIST 1st AID/PARAMEDIC SUPPLIES 36880 3845 369.01 05/01/25 LIFE ASSIST 1st AID/PARAMEDIC SUPPLIES 36881 3845 341.42 05/01/25 LIFE ASSIST 1st AID/PARAMEDIC SUPPLIES 36882 3845 120.07 05/01/25 LIFE ASSIST 1st AID/PARAMEDIC SUPPLIES 36888 3845 682.84 05/01/25 CARE AMBULANCE CARE AMBULANCE OT PAY PERIOD 06 36897 3836 145.54 05/01/25 CARE AMBULANCE 3.1.25-3.31.25 SURGE AMBULANCE SERVICES 36898 3836 24,836.25 05/01/25 ZOLL MEDICAL CORPORA BATTERY - LITHIUM ION 36899 2315041 1,621.92 05/01/25 WITTMAN ENTERPRISES, 3.31.25-3.31.25 AMBULANCE BILLING SERVICES 36903 3851 16,006.19 05/01/25 AMBULANCE REFUND WITTMAN APRIL REFUND 36921 2314977 80.00 05/01/25 AMBULANCE REFUND WITTMAN APRIL REFUND 36922 2314976 113.00 05/01/25 AMBULANCE REFUND WITTMAN APRIL REFUND 36923 2314978 429.82 05/01/25 AMBULANCE REFUND WITTMAN APRIL REFUND 36924 2314975 2,000.00 05/08/25 LIFE ASSIST 1st AID/PARAMEDIC SUPPLIES 37128 3879 851.72 05/08/25 LIFE ASSIST 1st AID/PARAMEDIC SUPPLIES 37129 3879 403.55 05/08/25 BOUND TREE MEDICAL 1st AID/PARAMEDIC SUPPLIES 37130 3867 416.52 05/08/25 BOUND TREE MEDICAL 1st AID/PARAMEDIC SUPPLIES 37131 3867 655.90 05/08/25 VERIZON WIRELESS 4.23.25-5.22.25 AMBULANCE AVL TRACKERS 37133 2315161 152.04 05/08/25 CARE AMBULANCE 4/15/25 - 4/28/25 CONTRACT AMBULANCE 37166 3870 54,662.44 05/08/25 CARE AMBULANCE 4/1/25 - 4/14/25 CONTRACT AMBULANCE 37167 3870 54,662.44 05/08/25 SPECTRUM GAS PRODUCT OXYGEN CYLINDER RENTALS 37176 2315142 63.60 05/08/25 VERIZON WIRELESS 4.26.25-5.25.25 AND PAST DUE AMBULANCE 37211 2315166 168.02 05/08/25 BOUND TREE MEDICAL 1st AID/PARAMEDIC SUPPLIES 37212 3867 920.02 05/08/25 BOUND TREE MEDICAL 1st AID/PARAMEDIC SUPPLIES 37213 3867 466.13 TOTAL AMBULANCE SERVICES 160,363.91
10060603 FIRE PREVENTION
05/01/25 VCA CODE 3.1.25-3.31.25 FIRE PLAN CHECKS 36901 3850 1,331.00 05/01/25 GRM INFORMATION MANA 3.1.25-3.31.25 FILE STORAGE 36910 2315006 9.00 05/08/25 GALLS, LLC DUTY UNFORM ITEMS - LYONS 37174 2315091 1,148.56 05/08/25 GALLS, LLC UNIFORM DUTY BELT - LYONS 37175 2315091 32.31 05/08/25 AT&T MOBILITY 3.9.25-4.8.25 FIRE CELL PHONES 37177 2315050 50.13 TOTAL FIRE PREVENTION 2,571.00
10060604 FIRE RESERVES
05/08/25 WARING, CHRISTOPHER APRIL RESERVES STIPEND 37135 3900 40.00 05/08/25 QUINONEZ, CESAR APRIL RESERVE STIPEND 37136 3885 40.00 05/08/25 KURI, NATHAN APRIL RESERVE STIPEND 37137 3876 60.00 TOTAL FIRE RESERVES 140.00
10060605 DISASTER PREPAREDNESS
05/08/25 AT&T MOBILITY 3.9.25-4.8.25 FIRE CELL PHONES 37177 2315050 45.08 TOTAL DISASTER PREPAREDNESS 45.08
10070700 PATROL
05/08/25 THE REGIONAL TRAININ AVATA TACTICAL OPERATOR'S COURSE 37190 3897 6,603.74 05/08/25 CITY NET MARCH 2025 - OUTREACH SERVICES 37056 2315065 31,416.64 05/08/25 OC UNIFORMS & TAILOR B. RICHARDS REPLACEMENT SHIRT 37060 2315110 141.00 05/08/25 CINTAS CORPORATION 2 FIRST AID REFILLS 37043 2315064 272.21 05/08/25 AMAZON INDEX CARDS FOR DISPATCH 37059 3855 4.53 05/08/25 AMAZON DOOR NAMEPLATE 37064 3855 23.34
05/08/25 OC UNIFORMS & TAILOR A. ARELLANES UNIFORM 37054 2315110 457.55 05/08/25 OC UNIFORMS & TAILOR A. ROBERTS UNIFORM 37053 2315110 233.17 05/08/25 CALIF FORENSIC PHLEB APRIL 2025 - BLOOD DRAWS 37069 2315059 1,534.00 05/08/25 CAVENAUGH & ASSOCIAT TUITION - DUI SEMINAR - HERELD, PENNELLA, 36995 2315062 1,860.00 05/08/25 CITY OF SANTA ANA APRIL 2025 - BOOKING FEES 37078 2315067 584.00 05/08/25 EMBASSY CONSULTING S CIVILIAN LEADERSHIP INSTITUTE - ANAYA 37191 2315081 4,000.00 05/08/25 SHRED-IT USA LLC SHREDDING - 4/16 & 4/30 37075 2315127 264.00 TOTAL PATROL 47,394.18
10070701 INVESTIGATION
05/08/25 SRN SYSTEMS, INC BARRIER SYSTEM WITH WIND SLITS 37063 2315144 2,927.31 05/08/25 THOMSON REUTERS WEST MAR 2025 - PUBLIC RECORDS SEARCHES 37036 2315148 613.39 05/08/25 DEPARTMENT OF JUSTIC PARTIAL PAYMENT OF PD LIVE SCAN FEES - 37032 2315077 160.00 05/08/25 COUNTY OF ORANGE MARCH 2025 - AFIS 37039 2315070 1,704.00 05/08/25 AMAZON HONOR GUARD SUPPLIES - RIFLE CASES 37070 3855 500.14 05/08/25 AMAZON ENVELOPES 37071 3855 184.80
05/08/25 DELTA GLOVES DEPARTMENT GLOVES 37080 2315076 1,254.00 05/08/25 FIRE SAFETY USA INC FOXFURY NOMAD 360 AREA SPOTLIGHT (3) 37073 2315084 7,155.00 05/08/25 GARON WYATT INVESTIG SECONDARY PRATT IA TRANSCRIPTION 37077 2315093 63.00 TOTAL INVESTIGATION 14,561.64
10070702 TRAFFIC
05/08/25 ALL CITY MANAGEMENT 3/30/25-4/12/25 CROSSING GUARDS 37066 3854 10,849.87 05/08/25 UNIVERSAL PROTECTION 3/28/25-4/24/25 PARKING ENFORCEMENT 37050 3899 15,125.92 05/08/25 ALL CITY MANAGEMENT 4/13/25-4/26/25 - CROSSING GUARDS 37079 3854 6,357.53 TOTAL TRAFFIC 32,333.32
10070705 L.E. COMMUNICATIONS
05/08/25 SPARKLETTS PD WATER DELIVERY - 3/25 & 4/8 37065 2315141 422.10 05/08/25 PHONE SUPPLEMENTS DISPATCH HEADSETS 37058 2315111 584.94 05/08/25 CYRACOM INTERNATIONA APRIL 2025 - NON-EMERGENCY TRANSLATIONS 37074 2315072 19.50 TOTAL L.E. COMMUNICATIONS 1,026.54
10070707 CRIME PREVENTION
05/08/25 OC UNIFORMS & TAILOR CHAPLAIN PARK SHIRT 37055 2315110 75.90 05/08/25 AMAZON CRIME PREVENTION SUPPLIES 37072 3855 261.72 TOTAL CRIME PREVENTION 337.62
10070708 RANGE
05/08/25 ADKINS, BERTRUM A. MARCH 2025 - RANGEMASTER SERVICES 37061 3853 919.25 05/08/25 DOOLEY ENTERPRISES, AMMO - 9MM 115GR FMJ 37045 2315080 1,674.44 05/08/25 ADKINS, BERTRUM A. APRIL 2025 - RANGEMASTER SERVICES 37062 3853 919.25 TOTAL RANGE 3,512.94
10080800 RECREATION CENTER
05/08/25 DMS FACILITY SERVICE DMS PORTERS FOR SPECIAL OLYMPICS 36998 2315079 558.00 05/08/25 AMAZON RC OFFICE SUPPLIES 36874 3855 19.56
05/08/25 AMAZON RC SUPPLIES/ OFFICE & FIRST AID 36863 3855 127.78 05/08/25 AMAZON BLEACH FOR KITCHEN 36876 3855 27.12
TOTAL RECREATION CENTER 732.46
10080801 ATHLETICS
05/01/25 SCMAF - ORANGE COUNT SCMAF GROUP MEMBERSHIPS 36886 2315022 425.00 05/01/25 D&B UMPIRES ADULT SOFTBALL UMPIRE FEE (41) GAMES 36893 2314992 1,476.00 05/01/25 D&B UMPIRES ADULT SOFTBALL UMPIRE FEE (30) GAMES 36894 2314992 1,080.00 05/08/25 SITEONE LANDSCAPE SU (56) BAGS OF ATHLETIC FIELD MARKER FOR 36948 2315129 580.87 05/08/25 SPORTS FACILITIES GR (5) 1ST BASE ANCHORS (48) BASE PLUGS FOR 37013 2315143 703.55 05/08/25 REC SVCS REFUND REFUND CONFLICT OF SCHEDULE 37016 2315119 80.00 05/08/25 D&B UMPIRES ADULT SOFTBALL UMPIRING FEE (46) GAMES 37205 2315073 1,656.00 05/08/25 BEACH CITIES SOCCER SOCCER ASSIGNOR FEE (30) GAMES 37200 2315058 342.00 TOTAL ATHLETICS 6,343.42
10080810 SENIOR & COMM CENTER
05/01/25 AMAZON WEBCAM 35310 3832 50.03
05/01/25 AMAZON REFUND FOR OFFICE SUPPLIES 35309 3832 4.13 05/01/25 AMAZON SPECIAL EVENT SUPPLIES 36930 3832 117.89 05/08/25 THE LIGHTHOUSE OUTRE LIGHTHOUSE OUTREACH REFERRAL PROGRAM 37087 2315147 7,854.00 05/01/25 AMAZON BUILDING SUPPLIES 36929 3832 32.61
05/01/25 BLDG REFUND REFUND FOR RENTAL ON 9/27/25 36717 2314985 110.00 05/01/25 BLDG REFUND REFUND FOR RENTAL ON 8/16/2025 36718 2314984 280.00 05/01/25 LEI JES CATERING FOOD FOR VOLUNTEER BRUNCH EVENT 36788 3843 339.41 05/01/25 AMAZON TABLE TENNIS BALLS 36743 3832 21.70
05/01/25 AMAZON PHOTO BACKDROP FOR BINGO BASH 36744 3832 16.18 05/01/25 AMAZON OFFICE SUPPLIES 36745 3832 59.32
05/01/25 AMAZON OFFICE SUPPLIES 36746 3832 27.92
05/01/25 AMAZON OFFICE SUPPLIES 36747 3832 44.01
05/01/25 AMAZON OFFICE SUPPLIES 36748 3832 30.44
05/01/25 AMAZON OFFICE SUPPLIES 36928 3832 26.85
05/01/25 AMAZON Tablecloth - Invoice #14TQ-JXVF-7FH9 36975 3832 18.48 05/08/25 SPECTRUM GAS PRODUCT SENIOR CENTER HELIUM TANK RENTAL 37090 2315142 13.00 05/08/25 LEI JES CATERING SENIOR PROM CATERING 37085 3878 325.00 05/08/25 NOW AND THEN TRIO SENIOR PROM ENTERTAINMENT 37088 2315109 400.00 TOTAL SENIOR & COMM CENTER 9,770.97
10080811 SENIOR TRANSPORTATION
05/01/25 CALIFORNIA YELLOW CA MARCH 2025 SENIOR TRANSPORTATION 36940 2314987 10,923.00 TOTAL SENIOR TRANSPORTATION 10,923.00
10080820 CONTRACT CLASSES
05/08/25 REC SVCS REFUND REFUND FOR CLASSES 471037-A1 36890 2315118 96.00 05/08/25 REC SVCS REFUND REFUND FOR CLASSES 471134-A1 AND 471133- 36891 2315117 92.00 05/08/25 REC SVCS REFUND REFUND FOR CLASS 127017-A1 36892 2315116 209.00 05/08/25 WEST GROVE VOLLEYBAL INSTRUCTOR PAYMENT FOR CLASSES ENDING 36926 3901 782.60 05/08/25 DEN HARTOG, ERICA INSTRUCTOR PAYMENT FOR CLASSES ENDING 36976 3871 144.30 05/08/25 REFUND ONE-TIME REFUND FOR ST.PATRICK DAY LUNCHEON 37089 2315120 7.00 05/08/25 QUANTUM SIGNS & GRAP BANNERS FOR SOCIAL MEDIA AND EGG HUNT 37111 2315114 228.38 05/08/25 AMAZON FOR PUBLIC INFORMATION 37115 3859 32.76 TOTAL CONTRACT CLASSES 1,592.04
10080821 SPECIAL EVENTS
05/08/25 AMAZON SPECIAL EVENT SUPPLIES/ OFFICE & EVENTS 36866 3855 407.19 05/08/25 AMAZON FV LUAU SUPPLIES 36875 3855 37.07
05/01/25 TUPUA PRODUCTIONS PERFORMANCE FOR LUAU 36996 2315036 1,200.00 05/08/25 QUANTUM SIGNS & GRAP BANNERS FOR SOCIAL MEDIA AND EGG HUNT 37111 2315114 228.37 05/08/25 AMAZON LUAU SUPPLIES 37112 3857 418.12
05/08/25 AMAZON GIVEAWAYS FOR COMMUNITY EVENTS 37114 3858 242.51 05/08/25 AMAZON SUMMER EVENT SUPPLIES 37116 3860 1,150.60 TOTAL SPECIAL EVENTS 3,683.86
10095000 GENERAL FUND
05/08/25 TERRY LA CURAN AND S TOP DRESSING FOR FIELDS #1 & 2 AT SP 36727 2315145 2,213.07 TOTAL GENERAL FUND 2,213.07
10098001 GENERAL FUND
05/08/25 RHA LANDSCAPE PARKS & COMMUNITY SERVICES MASTER PLAN 37105 2315121 3,650.00 05/01/25 RHA LANDSCAPE PARKS & COMMUNITY SERVICES MASTER PLAN 36715 2315020 28,070.00 05/08/25 RHA LANDSCAPE PARKS & COMMUNITY SERVICES MASTER PLAN 37217 2315121 10,600.00 TOTAL GENERAL FUND 42,320.00
11000000 ISF INFORMATION PROCESSING
05/08/25 CHUCK TON REFUND FV INV 23074 MANIPULATE INK 36957 2315063 195.00 05/01/25 CHUCK TON REFUND - POSTAGE FV INV 23478 36958 2314988 16.06 TOTAL ISF INFORMATION PROCESSING 211.06
11010050 ISF IS ADMIN CAPITAL
05/01/25 ADVANCED OFFICE / IN 1/6 - 2/5/25 CONTRACT 41585-01 OVERAGE 34475 2314974 30.71 05/01/25 DEBTBOOK FY24/25 LEASE & SBITA MANAGEMENT 36561 3839 10,500.00 05/08/25 TYLER TECHNOLOGIES SAAS MIGRATION - 2025 36991 2315151 11,439.00 05/01/25 TYLER TECHNOLOGIES INSITE TRANSACTION FEES (1/1/2025 -3/31/2025) 36983 2315037 2,612.50
05/08/25 RON TURLEY ASSOCIATE 6/1-8/31/2025 RON TURLEY ASSOCIATE 37014 2315123 2,023.18 05/01/25 TPX COMMUNICATIONS 4/9 - 5/8/25 CITY & PD PHONE LINES 36803 2315035 5,107.13 05/08/25 CANVA 4/18/25-3/4/26 CANVA SUBSCRIPTION 36942 2315061 2,650.00 05/08/25 ADVANCED OFFICE / IN 3/26 - 4/25/25 CONTRACT 41290-01 OVERAGE 37003 2315042 493.24 05/08/25 ADVANCED OFFICE / IN RICOH STAPLE SET - REFILL 37004 2315042 36.70 05/08/25 TEMPORARY STAFFING 4/21-4/27/25 ERIC FONG 36944 3896 2,772.00 05/08/25 AMAZON IPHONE CASE 36999 3855 16.30
05/08/25 AMAZON SSD FOR LAPTOP 37000 3855 50.23
05/08/25 AMAZON 3 POWER OVER ETHERNET INJECTORS 37001 3855 163.08 05/08/25 AMAZON TONER FOR POLICE DEPT 37002 3855 722.96 05/08/25 AMAZON SCANNERS FOR PD, HARD DRIVE, WEBCAM 37015 3855 898.03 05/08/25 BIOMETRICS4ALL, INC 7/1-6/30/2025 MAINTENANCE INVOICE 37023 3865 840.00 05/08/25 GOLDEN STAR TECHNOLO SECURITY ASSESSMENT 37034 3872 20,000.00 05/08/25 ADVANCED OFFICE / IN 4/1 - 4/30/25 CONTRACT M9483 OVERAGE 37107 2315042 77.74 05/08/25 FREEMAN, RICHARD DOMAIN NAME REGISTRATION FVPD.ORG 37207 2315085 35.00 05/08/25 ADVANCED OFFICE / IN 4/6 - 5/5/25 CONTRACT 41585 OVERAGE 37108 2315042 31.41 05/08/25 MILLER MENDEL, INC ESOPH ENTRY AND FEES 37196 3882 619.85 TOTAL ISF IS ADMIN CAPITAL 61,119.06
11010104 ISF IS
05/08/25 AT&T MOBILITY 3/27 - 4/26/25 EMERGENCY CELL 37197 2315052 140.50 05/08/25 AT&T MOBILITY 3/27 - 4/26/25 IT STAFF PHONES 37198 2315053 150.39 TOTAL ISF IS 290.89
11094001 ISF IS FINANCE PRJ NON-REC
05/01/25 TYLER TECHNOLOGIES ERP UB IMP -2/5/25 - TROMBLEY 36987 2315037 700.00 05/01/25 TYLER TECHNOLOGIES UB IMP - 3/5-3/8 - SIDES IN PERSON 36984 2315037 6,957.37 05/01/25 TYLER TECHNOLOGIES ERP UB IMP - 3/28/2025 SIDES 36986 2315037 1,400.00 05/01/25 TYLER TECHNOLOGIES UB IMP 4/10 -4/11 - SIDES 36985 2315037 2,400.00 TOTAL ISF IS FINANCE PRJ NON-REC 11,457.37
11110000 ISF GB CITY HALL
05/01/25 DMS FACILITY SERVICE 3/2025 MONTHLY SERVICE 36793 2314996 3,566.00 05/01/25 VERIZON SELECT SERVI 2/27 - 3/30/25 LD SELECT 36804 2315040 12.94 05/08/25 DMS FACILITY SERVICE 4/2025 JANITORIAL MONTHLY SERVICES 37029 2315079 3,566.00 05/01/25 DUNN-EDWARDS CORPORA PAINT FOR CITY HALL FINANCE OFFICE 36927 2314997 30.07 05/08/25 REGENCY ENTERPRISES, REPLACE LAMPS ELECTRICAL D.C. 36705 3887 104.72 05/08/25 FRONTIER COMMUNICATI 4/25 - 5/24/25 T-1 METRONET 37203 2315090 799.17 05/08/25 FRONTIER COMMUNICATI 4/28 - 5/27/25 EOC LINES 37195 2315089 628.90 TOTAL ISF GB CITY HALL 8,707.80
11110001 ISF GB B&G CLUB
05/08/25 REGENCY ENTERPRISES, EXTERIOR LIGHTING REPAIR 36652 3886 94.91 TOTAL ISF GB B&G CLUB 94.91
11150000 ISF GB CITY YARD
05/01/25 DMS FACILITY SERVICE 3/2025 MONTHLY SERVICE 36793 2314996 2,879.00 05/08/25 DMS FACILITY SERVICE 4/2025 JANITORIAL MONTHLY SERVICES 37029 2315079 2,879.00 05/08/25 AMTECH ELEVATOR SERV 5/1/25-5/31/25 ELEVATOR SERVICE-CITY YARD 37101 3862 226.61 05/08/25 GRAINGER, INC. EMERGENCY FLASHLIGHT BATTERIES AT CITY 37048 2315094 22.18
05/01/25 GRAINGER, INC. CITY YARD WIRE REPAIR 36933 2315005 493.12 TOTAL ISF GB CITY YARD 6,499.91
11160001 ISF GB FS1
05/01/25 FRONTIER COMMUNICATI 4/13 - 5/12/25 FS#1 PHONE 36912 2315002 220.37 05/08/25 FRONTIER COMMUNICATI 4/22 - 5/21/25 FS#1 CKT 37006 2315086 41.49 05/08/25 SO CALIF EDISON CO 3/28-25-4/28/25 FIRE STATION #1 37209 2315138 1,333.45 TOTAL ISF GB FS1 1,595.31
11160002 ISF GB FS2
05/01/25 AT&T 3/20 - 4/19/25 FS#2 CKT METRO 36916 2314980 58.36 05/08/25 REGENCY ENTERPRISES, FIRE STATION #2 LIGHT TIMER 37051 3888 87.82 05/08/25 SO CALIF EDISON CO 3/21/25-4/21/25 FIRE STATION #2 37221 2315139 625.83 TOTAL ISF GB FS2 772.01
11170000 ISF GB POLICE DEPARTMENT
05/01/25 DMS FACILITY SERVICE 3/2025 MONTHLY SERVICE 36793 2314996 7,422.00 05/08/25 DMS FACILITY SERVICE 4/2025 JANITORIAL MONTHLY SERVICES 37029 2315079 7,422.00 05/01/25 FRONTIER COMMUNICATI 4/7 - 5/6/25 JAIL PHONE 36802 2315001 130.91 05/08/25 COUNTY OF ORANGE MARCH 2025 - OCATS 37041 2315071 1,374.20 05/01/25 DUNN-EDWARDS CORPORA PAINT FOR PD LOBBY 36932 2314997 30.07 05/01/25 FRONTIER COMMUNICATI 4/13 - 5/12/25 PD DISPATCH FAX 36915 2315003 115.06 05/08/25 AMTECH ELEVATOR SERV 5/1/25-5/31/25 ELEVATOR MAINT-PD 37102 3863 204.88 05/01/25 BAVCO BACKFLOW APPAR BUILDING WATER BACK FLOW 36935 2314982 1,604.14 05/08/25 DAVID CROWELL ELECTR BREAK ROOM PROJECT 37096 2315074 780.00 05/08/25 DAVID CROWELL ELECTR NEW IT OFFICE ELECTRICAL/AV 37097 2315075 680.00 05/08/25 VERIZON WIRELESS 4/23 - 5/22/25 PD MDC 37204 2315164 1,153.33 05/08/25 JMG SECURITY SYSTEMS 4/15/25-6/30/25 ACCESS MONITORING 37098 3874 27.87 05/08/25 JMG SECURITY SYSTEMS CAMERA REPAIRS-SCOTT KIM 37099 3875 420.00 05/08/25 FRONTIER COMMUNICATI 4/28 - 5/27/25 PD DISPATCH 37185 2315087 494.63 05/08/25 FRONTIER COMMUNICATI 4/28 - 5/27/25 CENTRA NET TO 911 37187 2315088 684.81 05/08/25 REGENCY ENTERPRISES, PD BEAUTIFICATION PER CHIEF COX 37091 3890 1,653.00 05/08/25 REGENCY ENTERPRISES, PD BREAKROOM PROJECT 37092 3891 105.84 TOTAL ISF GB POLICE DEPARTMENT 24,302.74
11180000 ISF GB REC CENTER
05/01/25 DMS FACILITY SERVICE 3/2025 MONTHLY SERVICE 36793 2314996 15,342.00 05/08/25 DMS FACILITY SERVICE 4/2025 JANITORIAL MONTHLY SERVICES 37029 2315079 15,342.00 05/08/25 SO CALIF EDISON CO 2/28/25-3/30/25 SPORTS PARK 36798 2315132 1,269.73 05/08/25 GRAINGER, INC. RESTROOM AIRE REFRESHENERS AT CITY 37049 2315095 161.56 05/08/25 PROFESSIONAL PLUMBIN TROUBLE SHOOT SEWER BACKUP ON SOCCER 37094 3883 475.00 05/08/25 PROFESSIONAL PLUMBIN SOCCER FIELD SEWER BACKUP 37095 3884 254.00 05/08/25 SO CALIF EDISON CO 3/31/25-4/29/25 REC MAINT BUILDING 37188 2315133 505.79 05/08/25 SO CALIF EDISON CO 3/31/25-4/29/25 REC CENTER 37189 2315134 1,511.79 05/08/25 SO CALIF EDISON CO 3/31/25-4/29/25 SPORTS PARK 37192 2315135 507.82 TOTAL ISF GB REC CENTER 35,369.69
11180001 ISF GB SR CENTER
05/01/25 DMS FACILITY SERVICE 3/2025 MONTHLY SERVICE 36793 2314996 5,489.00 05/08/25 DMS FACILITY SERVICE 4/2025 JANITORIAL MONTHLY SERVICES 37029 2315079 5,489.00
05/01/25 FRONTIER COMMUNICATI 4/4 - 5/3/25 SC ELEV FIRE LINE 36801 2315000 376.87 05/08/25 REGENCY ENTERPRISES, PONY SNACK BAR 37052 3889 77.92 05/08/25 AMTECH ELEVATOR SERV 5/1/25-5/31/25 ELEVATOR MAINT-SENIOR 37100 3861 194.80 05/08/25 SO CALIF EDISON CO 3/28/25-4/28/25 SENIOR CENTER 37206 2315136 1,599.65 TOTAL ISF GB SR CENTER 13,227.24
11250001 PW - FLEET MGMT
05/01/25 FACTORY MOTOR PARTS PART FOR UNIT 8656 34229 2314999 367.40 05/01/25 RINCON TRUCK CENTER, STOCK PARTS 36849 2315021 25.28 05/01/25 GRAINGER, INC. SHOP SUPPLIES 36837 2315005 417.98 05/01/25 RINCON TRUCK CENTER, STOCK PARTS 36847 2315021 159.43 05/01/25 NATIONAL SIGNAL, LLC STOCK PARTS 36855 2315014 1,711.87 05/01/25 SNAP-ON INDUSTRIAL SCANNER SOFTWARE UPDATE ANNUALLY 36841 2315025 1,425.82 05/01/25 RINCON TRUCK CENTER, SHOP BATTERY 36845 2315021 430.28 05/01/25 FACTORY MOTOR PARTS PART FOR UNIT 438 36857 2314999 5.51 05/01/25 TAIT ENVIRONMENTAL S FUEL TANK CLEANING SERVICES 36861 2315031 2,355.00 05/01/25 RINCON TRUCK CENTER, STOCK PART 36870 2315021 40.30 05/01/25 ASBURY ENVIRONMENTAL PART WASHER SERVICES 36839 2314979 142.94 05/01/25 FACTORY MOTOR PARTS BATTERY FOR UNIT 124 36834 2314999 125.07 05/01/25 GRAINGER, INC. TRUCK PARTS 332 36836 2315005 57.03 05/01/25 GRAINGER, INC. SHOP SUPPLIES 36838 2315005 197.91 05/01/25 RINCON TRUCK CENTER, STOCK PART 36865 2315021 49.51 05/01/25 RINCON TRUCK CENTER, STOCK PART 36867 2315021 59.89 05/01/25 RINCON TRUCK CENTER, CORE RETURN CREDITS 36843 2315021 (69.82) 05/01/25 FACTORY MOTOR PARTS SHOP SUPPLY 36835 2314999 103.30 05/01/25 THEODORE ROBINS FORD PART FOR UNIT 422 36850 2315034 738.27 05/01/25 THEODORE ROBINS FORD PART FOR UNIT 422 36851 2315034 826.88 05/01/25 THEODORE ROBINS FORD PART FOR UNIT 422 36853 2315034 120.90 05/01/25 DEPT 143 ALIGNMENT FOR UNIT 422 36854 2314994 119.00 05/01/25 RINCON TRUCK CENTER, STOCK PART 36868 2315021 4.56 05/01/25 FACTORY MOTOR PARTS STOCK PART 36859 2314999 130.89 05/01/25 FACTORY MOTOR PARTS PART FOR UNIT 8924 36860 2314999 531.84 05/01/25 DANIEL'S TIRE SERVIC TIRES FOR UNIT 124 36862 2314993 359.35 05/08/25 RINCON TRUCK CENTER, STOCK PARTS 37145 2315122 35.21 05/08/25 QUINN COMPANY PART FOR UNIT 8567 37157 2315115 1,065.49 05/08/25 NAPA AUTO PARTS PART FOR UNIT 8924 37146 2315107 304.21 05/08/25 SC COMMERCIAL LLC BULK GAS FOR FIRE STATION 1 37149 3892 2,043.25 05/08/25 FACTORY MOTOR PARTS PART FOR UNIT 437 37153 2315083 11.03 05/08/25 GARDEN GROVE HYUNDAI PART FOR UNIT 298 37150 2315092 652.83 05/08/25 MCPEEK DODGE OF ANAH STOCK PARTS 37151 2315104 105.16 05/08/25 SC FUELS (CARDS) MONTHLY FUEL CARDS LOCK APRIL'S 37158 3893 26,314.36 05/08/25 ALAN'S LAWNMOWER & G PART FOR UNIT 285 37154 2315045 27.49 05/08/25 ALAN'S LAWNMOWER & G PART FOR UNIT 285 37155 2315045 247.52 05/08/25 MCPEEK DODGE OF ANAH PART FOR UNIT 415 37156 2315104 55.38 05/08/25 GARDEN GROVE HYUNDAI PART FOR UNIT 309 37147 2315092 153.71 05/08/25 FACTORY MOTOR PARTS BATTERY FOR UNIT 273 37148 2315083 129.60
05/08/25 FACTORY MOTOR PARTS STOCK PARTS 37152 2315083 38.93 TOTAL PW - FLEET MGMT 41,620.56
11270052 ISF FL PD CAPITAL
05/01/25 OLATHE FORD SALES FORD VIN: 1FM5K8AB9SGB3617 36883 2315015 55,526.25 05/01/25 OLATHE FORD SALES FORD VIN: 1FM5K8AB5SGB14029 36884 2315015 55,526.25 TOTAL ISF FL PD CAPITAL 111,052.50
11360053 ISF EQ FD R&C CAPITAL
05/01/25 LIFE ASSIST THREE LAERDAL COMPACT SUCTION UNITS 36909 3845 2,400.81 05/08/25 ALLSTAR FIRE EQUIPME FIRE DEPARTMENT TURNOUT GEAR 37170 2315046 4,004.18 05/08/25 STRYKER SALES LLC CHEST COMPRESSION ACCESSORIES 37180 3894 1,488.32 TOTAL ISF EQ FD R&C CAPITAL 7,893.31
11370053 ISF EQ PD R&C CAPITAL
05/08/25 AED BRANDS LLC PHILIPS AED DEFIBRILLATORS 37169 2315043 23,245.32 TOTAL ISF EQ PD R&C CAPITAL 23,245.32
11400000 ISF CITY SELF INSURANCE
05/08/25 CALIF JOINT POWERS I TRUST ACCT RPLNSHMNT-APR 25 37231 3869 0.00 TOTAL ISF CITY SELF INSURANCE 0.00
11400400 SELF INSURANCE
05/08/25 ATHENS ADMINISTRATOR REPLENISHMENT OF CHECKS WRITTEN 4/1- 37104 3864 201,074.43 TOTAL SELF INSURANCE 201,074.43
11400411 SELF INSURANCE
05/08/25 EMPLOYMENT DEVELOPME JAN-MAR 2025 ACCT #932-0092-1 UNEMP 37215 2315082 4,953.00 05/01/25 KNYPSTRA ZERMENO LLP SETTLEMENT AGREEMENT - GUBBINS 36990 2315009 17,000.00 05/08/25 CALIF JOINT POWERS I TRUST ACCT RPLNSHMNT-APR 25 37231 3869 4,640.00 TOTAL SELF INSURANCE 26,593.00
11400430 SELF INSURANCE
05/01/25 THE LINCOLN NATIONAL MAY 2025 LIFE INSURANCE/LTD/ADD/EAP 36787 2315033 3,217.83 TOTAL SELF INSURANCE 3,217.83
11500000 ISF EMPLOYEE BENEFITS
05/01/25 MUNICIPAL DENTAL POO MAY 2025 DELTA DENTAL PPO 36770 2315012 11,228.78 05/01/25 MUNICIPAL DENTAL POO MAY 2025 DELTA DENTAL HMO 36772 2315013 1,799.44 04/30/25 FOUNTAIN VALLEY POLI PR PPE250425 - DED 8002 36959 3819 2,250.00 04/30/25 FOUNTAIN VALLEY CRED PR PPE250425 - DED 9500 36960 3817 32,964.60 04/30/25 FOUNTAIN VALLEY FIRE PR PPE250425 - DED 8000 36961 3818 2,803.12 05/01/25 EMPOWER/BENEFITS COR PR PPE250425 - DED 7031,7032,7033,7036 36962 3816 68,906.95 05/01/25 CALIFORNIA STATE DIS PR PPE250425 - DED 6004, 6005, 6007 36963 3813 1,104.35 04/30/25 MISSION SQUARE RET P PLAN #803216 - PR PPE250425 - DED 2013, 2015 36964 3821 2,756.17 04/30/25 MISSION SQUARE RET P PLAN #800389 - PR PPE250425 - DED 2011 36965 3822 852.05 04/30/25 MISSION SQUARE RET P PLAN #800414 - PR PPE250425 - DED 2014 36966 3823 218.03 04/30/25 MISSION SQUARE RET P PLAN #108536 - PR PPE250425 - DED 2018 36967 3824 461.52 04/30/25 U.S. BANK N.A. PR PPE250425 - DED 7029, 7030 36968 3828 4,033.35 04/30/25 FVPOA PAC PR PPE250425 - DED 8005 36969 3820 480.00 05/01/25 INTERNAL REVENUE SER PR PPE250425 - DED 1100, 3000 36970 3814 177,430.10 05/01/25 EMPLOYMENT DEVELOPME PR PPE250425 - DED 4000 36971 3815 58,328.51 04/30/25 TEAMSTERS LOCAL UNIO PR PPE250425 - DED 8003 36972 3825 237.50
04/30/25 TEAMSTERS LOCAL UNIO PR PPE250425 - DED 8004 36973 3826 362.50 04/30/25 TEAMSTERS LOCAL UNIO PR PPE250425 - DED 8001 36974 3827 362.50 05/01/25 INTERNAL REVENUE SER PR PPE250425 MISC PR - DED 1100, 3000 36993 3830 125.97 05/01/25 EMPLOYMENT DEVELOPME PR PPE250425 MISC PR - DED 4000 36994 3831 11.36 05/01/25 THE LINCOLN NATIONAL MAY 2025 LIFE INSURANCE/LTD/ADD/EAP 36787 2315033 1,390.64 05/08/25 LAGUISAN, ADAM MAY 2025 ADPP PAYMENT 37183 3877 4,680.90 TOTAL ISF EMPLOYEE BENEFITS 372,788.34
11500450 EMPLOYEE BENEFITS
05/01/25 MUNICIPAL DENTAL POO MAY 2025 DELTA DENTAL PPO 36770 2315012 11,660.12 05/01/25 MUNICIPAL DENTAL POO MAY 2025 DELTA DENTAL HMO 36772 2315013 395.06 05/01/25 MISSION SQUARE RET P JUNE 2025 - PLAN #803210-RETIREE REIMB. 36943 3848 149,024.83 TOTAL EMPLOYEE BENEFITS 161,080.01
23030310 CDBG CODE ENFORCEMENT
05/08/25 VERIZON WIRELESS 4/26-5/25/25 CELL PHONES & IPADS 37225 2315167 42.06 TOTAL CDBG CODE ENFORCEMENT 42.06
23030313 CDBG NEIGHBOORHOOD REVITA
05/01/25 LEIFKES CONSULTING, CDBG HOME IMPROVEMENT PROGRAM 36956 2315010 3,360.00 TOTAL CDBG NEIGHBOORHOOD REVITA 3,360.00
23030315 CDBG PUBLIC SERVICE
05/01/25 SENIOR SERVICE PSA SUB-RECIPIENT GRANT PER 24-25 ACTION 36949 2315023 3,048.00 05/01/25 SENIOR SERVICE PSA SUB-RECIPIENT GRANT PER 24-25 ACTION 36950 2315023 1,935.00 TOTAL CDBG PUBLIC SERVICE 4,983.00
23030316 CDBG LEAD BASED PAINT
05/08/25 BARR & CLARK, INC. CDBG HIP LBP INSPECTION - DE PINTO 37082 2315057 350.00 TOTAL CDBG LEAD BASED PAINT 350.00
30095300 CAPITAL IMP - FACILITIES
05/01/25 J R UNIVERSAL CONSTR 01/01-04/10/2025 - PD PROJECT PP14 36832 3842 17,836.41 05/01/25 BRIGHTLY SOFTWARE FACILITY CONDITION ASSESS & ADA SURVEY 36951 3835 18,275.07 05/08/25 BRIGHTLY SOFTWARE FACILITY CONDITION ASSESS & ADA 36989 3868 3,408.77 05/08/25 BRIGHTLY SOFTWARE FACILITY CONDITION ASSESS & ADA 37113 3868 3,073.21 TOTAL CAPITAL IMP - FACILITIES 42,593.46
30095301 CAPITAL IMP - ROAD REHAB
05/01/25 DMS CONSULTANTS INC 3/12-4/08/25 - E7 DESIGN 36661 2314995 2,720.00 05/01/25 DASH CONSTRUCTION CO 01/31-03/11/25 - RES REHAB C3 PP3 36887 3837 904,861.63 TOTAL CAPITAL IMP - ROAD REHAB 907,581.63
30095302 CAPITAL IMP - PAVEMENT REHAB
05/01/25 BUCKNAM INFRASTRUCTU MAR 2025 - PMP UPDATE 36656 2314986 840.00 TOTAL CAPITAL IMP - PAVEMENT REHAB 840.00
30095303 CAPITAL IMP - OTHER
05/08/25 AGA ENGINEERS, INC MAR 2025 - CITYWIDE T.S. TIMING PROJECT 36952 2315044 4,200.00 05/08/25 AGA ENGINEERS, INC MAR 2025 - CITYWIDE T.S. MONITORING 36953 2315044 4,765.00 05/08/25 AGA ENGINEERS, INC MAR 2025 - PREP SIGN & STRIPING PLANS 36955 2315044 7,520.00 TOTAL CAPITAL IMP - OTHER 16,485.00
50000000 WF NON-DEPARTMENTAL
05/01/25 UTILITY REFUND UTILITY REFUND - FINALED 2/1/25 34566 2315039 155.94
05/08/25 UTILITY REFUND UTILITY REFUND - FINALED 3/24/25 36360 2315156 10.23 05/08/25 UTILITY REFUND UTILITY REFUND - FINALED 2/28/25 36759 2315157 48.95 05/08/25 UTILITY REFUND UTILITY REFUND - FINALED 3/4/25 36760 2315158 33.69 05/08/25 UTILITY REFUND UTILITY REFUND - FINALED 3/10/25 36761 2315159 41.84 05/08/25 UTILITY REFUND UTILITY REFUND - FINALED 4/16/25 36762 2315153 25.12 05/08/25 UTILITY REFUND UTILITY REFUND - ACTIVE ACCOUNT 36763 2315155 2,194.10 05/08/25 UTILITY REFUND UTILITY REFUND - FINALED 3/26/25 36764 2315154 45.14 05/08/25 UTILITY REFUND UTILITY REFUND - FINALED 4/9/25 36765 2315160 28.30 TOTAL WF NON-DEPARTMENTAL 2,583.31
50050570 WF WTR PROD. OPNS
05/08/25 TESCO CONTROLS, LLC WALNUT PUMP STATION ALARM ISSUE 36937 2315146 450.00 05/01/25 DE NORA WATER TECHNO MIOX POWER SUPPLY 36024 3838 2,267.69 05/08/25 HARRINGTON INDUSTRIA SKID PROJECT 37227 2315096 1,030.09 05/01/25 TESCO CONTROLS, LLC WELL 6 ALARM FAILURE 36517 2315032 630.00 05/01/25 LIFECOM GAS MONITOR REPAIRS 36737 2315011 392.03 05/01/25 SO CALIF EDISON CO 3/5/25-4/2/25 RES 2 & WELLS 36797 2315029 77,850.38 TOTAL WF WTR PROD. OPNS 82,620.19
50050571 WF DISTRIBUTION SYSTEM
05/08/25 YO FIRE COPPER 36977 2315173 1,846.58
05/08/25 MUNICIPAL WATER DIST MAR 2025 TURF REMOVAL & S2D 37110 2315106 416.00 05/08/25 MUNICIPAL WATER DIST WATER LOSS CONTROL TECHNICAL ASST CON- 37025 2315105 11,600.00 TOTAL WF DISTRIBUTION SYSTEM 13,862.58
50050574 WF METER M & R
05/08/25 AQUA-METRIC SALES 2" REGISTER 37139 2315047 3,426.93 05/08/25 AQUA-METRIC SALES 1"IPERL 37141 2315047 3,097.41 05/08/25 AQUA-METRIC SALES 1"IPERL 37142 2315047 3,097.41 05/08/25 AQUA-METRIC SALES 2"REGISTER 37143 2315047 3,426.93 05/08/25 AQUA-METRIC SALES 1"IPERL 37144 2315047 3,097.41 TOTAL WF METER M & R 16,146.09
50095001 WATER FUND
05/01/25 BIG BEN ENGINEERING 03/01-03/31/2025 MT BALDY & EUCLID
36829 2314983 173,260.91
05/01/25 MKN MAR 2025 - WATER MASTER PLAN & WATER 36782 3849 19,410.70 05/01/25 PSOMAS MAR 25 MT BALDY EUCLID WATERLINE 36658 2315016 25,859.48 TOTAL WATER FUND 218,531.09
50150580 SF SEWER MAINTENANCE
05/08/25 PLUMBERS DEPOT INC. REPAIR OF CUES TRUCK CABLE, FITTINGS AND 36979 2315112 824.83 05/08/25 LIFECOM REPAIRS AND CALIBRATION FOR GAS 36978 2315102 378.57 05/08/25 PLUMBERS DEPOT INC. REPAIRS ON CUES CPR TRANSPORTER 36980 2315112 2,756.49 05/08/25 PLUMBERS DEPOT INC. SEWER CCTV CUES EQUIPMENT REPAIR 36981 2315112 801.38 05/08/25 PLUMBERS DEPOT INC. SEWER CCTV CUES EQUIPMENT UPGRADES 36982 2315112 407.80 TOTAL SF SEWER MAINTENANCE 5,169.07
50195000 SEWER FUND
05/01/25 JIG CONSULTANTS 02/03-03/02/25 - SEWER REHAB & 36833 2315007 38,541.90 05/01/25 JIG CONSULTANTS 03/03-03/30/2025 - SEWER REHAB & 36856 2315007 27,864.00 TOTAL SEWER FUND 66,405.90
50250590 SWF SOLID WASTE
05/01/25 GRAINGER, INC. EMPLOYEE BOTTLE FILL STATION 36831 2315005 2,070.09 TOTAL SWF SOLID WASTE 2,070.09
TOTAL $3,180,043.02
CITY OF FOUNTAIN VALLEY
CITY COUNCIL
COUNCIL ACTION REQUEST
To: Honorable Mayor and Agenda Date: May 20, 2025
Members of the City Council
SUBJECT: Second Reading and Adoption of an Ordinance approving Code Amendment No. 25-04 – An Amendment to Fountain Valley Municipal Code (FVMC) Section 21.08.055 For Accessory Dwelling Units (ADU’s)
Three-Year Strategic Goals
☒ Enhance the culture and environment of “A Nice Place to Live” ☐ Attract and retain revenue producing businesses
☐ Achieve fiscal stability in accordance with the 20-Year Financial Plan ☐ Attract and retain quality staff
☐ Not applicable
EXECUTIVE SUMMARY
At its meeting of May 6, 2025, the City Council introduced for a first reading an Ordinance approving Code Amendment (CA) No. 25-04 to amend Section 21.08.055 of the FVMC for ADUs in compliance with state law (Attachment 1). The Ordinance was introduced by a vote of 5-0 during the first reading without amendment.
As detailed in the attached report (Attachment 2), on December 6, 2024, the city received a letter from the California Department of Housing and Community Development (HCD) noting the city’s ADU Ordinance, which was approved on October 3, 2023, through Ordinance No. 1603, was non-compliant with state law. The four (4) areas requiring changes to the City’s ADU Ordinance include statutory numbering, sprinklers requirements, covenant regulations, and compliance with SB 1211. Additionally, updates were made to the ADU Ordinance per the guidance of the City Attorney regarding parking, enforcement of unpermitted ADU’s that were constructed prior to January 1, 2020, and the definition of ‘livable space’ in the ordinance.
The Ordinance is now presented to the City Council for a second reading and adoption.
FINANCIAL REVIEW
There is no financial impact associated with approving the proposed code amendment.
PUBLIC NOTIFICATION
The item was published in the Fountain Valley View and public notices were posted at City Hall, Recreation Center, and Fountain Valley Library for the public hearing on May 6, 2025.
ENVIRONMENTAL IMPACT REVIEW
Adoption of this Ordinance is exempt from the California Environmental Quality Act (“CEQA”) under Public Resources Code section 21080.17 [statutory exemption for second unit ordinances]; CEQA Guidelines sections 15282(h) [statutory exemption for second unit
Second Reading – Adoption of an Ordinance approving Code Amendment 25-04 May 20, 2025
ordinances]; 15303 [new construction or small structures] and 15305 [minor alterations to land]. This ordinance is also exempt per CEQA Guidelines section 15061, because this ordinance will not have a significant effect on the environment, because ADU’s will largely constitute infill housing which is exempt from CEQA (Attachment 3).
ATTORNEY REVIEW
The Attorney for the City has reviewed the attached Ordinance.
ALTERNATIVES
Alternative No. 1: Adopt the attached Ordinance of the City Council of the City of Fountain Valley approving a Notice of Exemption in accordance with the California Environmental Quality Act (CEQA) and approving Code Amendment No. 25-04 to amend the Fountain Valley Municipal Code (FVMC) Section 21.08.055 for Accessory Dwelling Units (ADU’s).
Alternative No. 2: Do not adopt the attached Ordinance of the City Council of the City of Fountain Valley approving a Notice of Exemption in accordance with the California Environmental Quality Act (CEQA) and do not approve Code Amendment No. 25-04 to amend the Fountain Valley Municipal Code (FVMC) Section 21.08.055 for Accessory Dwelling Units (ADU’s).
Alternative No. 3: Continue the request for additional information.
RECOMMENDATION
Staff is requesting City Council approval of Alternative No. 1 to adopt the attached Ordinance of the City Council of the City of Fountain Valley approving a Notice of Exemption in accordance with the California Environmental Quality Act (CEQA) and approving Code Amendment No. 25-04 to amend the Fountain Valley Municipal Code (FVMC) Section
21.08.055 for Accessory Dwelling Units (ADU’s).
Prepared By: Steven Ayers, Principal Planner
Approved By: Omar Dadabhoy, Community Development Director Approved By: Maggie Le, City Manager
Attachments:
1. Ordinance for Code Amendment No. 25-04
2. May 6, 2025 Staff Report
3. Notice of Exemption
ORDINANCE NO._____
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FOUNTAIN
VALLEY APPROVING A CATEGORICAL EXEMPTION PER THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) AND APPROVING CODE AMENDMENT (CA) NO. 25-04 TO AMEND THE FOUNTAIN VALLEY MUNICIPAL CODE (FVMC) SECTION 21.08.055 FOR ACCESSORY
DWELLING UNITS (ADU’S)
WHEREAS, the Fountain Valley City Council adopted the Development Code Update on December 7, 2000; and
WHEREAS, on December 5, 2017, the Fountain Valley City Council adopted Ordinance No. 1527 approving an ADU ordinance compliant with Assembly Bill (AB) 2299 and Senate Bill (SB) 1069 that amended California Government Code 65852.2 and 65852.22; and
WHEREAS, on March 17, 2020, the Fountain Valley City Council adopted Ordinance No. 1558 approving an ADU ordinance compliant with AB 68, AB 881, SB 13, AB 587, and AB 670 that amended California Government Code 65852.2 and 65852.22; and WHEREAS, on December 20, 2022, the Fountain Valley City Council adopted Urgency Ordinance No. 1596 compliant with legislation approved by Governor Newsom, AB 2221 and SB 897, which became effective on January 1, 2023; and WHEREAS, on February 7, 2023, the Fountain Valley City Council adopted Ordinance No. 1597 approving an ADU ordinance compliant with AB 2221 and SB 897, thus replacing and making Urgency Ordinance No. 1596 null and void; and WHEREAS, per Government Code Section 65852.2(h), a local agency shall submit a copy of the ordinance adopted to the Department of Housing and Community Development (“HCD”) within 60 days after adoption. After adoption of an ordinance, the department may submit written findings to the local agency as to whether the ordinance complies with this section; and
WHEREAS, on February 28, 2023, the city sent Ordinance No. 1597 to HCD through the email address [email protected] and the city received confirmation of the receipt of Ordinance No. 1597 on the same day; and
WHEREAS, on April 27, 2023, the city received a letter from HCD stating that, in HCD’s opinion Ordinance No. 1597 was non-compliant with sections 65852.2, 65852.22, and 65852.26 of the California Government Code; and
WHEREAS, pursuant to HCD’s request, on October 3, 2023, the Fountain Valley City Council adopted Ordinance No. 1603 approving an ADU Ordinance compliant with HCD’s findings; and
WHEREAS, on December 6, 2024, the city received a letter from HCD stating that Ordinance No. 1603 was non-compliant with State ADU Law due to changes in statutory
numbering, sprinkler requirements, and covenant requirements. Additionally, Senate Bill (SB) 1211 allows for additional detached ADU’s on multifamily lots; and WHEREAS, the City of Fountain Valley has revised its ADU Ordinance to address the concerns expressed by HCD; and
WHEREAS, the Fountain Valley Planning Commission considered the proposed CA 25-04 at a duly noticed public hearing on March 26, 2025, and by a vote of 5-0 recommended the City Council approve a Categorical exemption per CEQA and approve CA 25-04 to amend FVMC Section 21.08.055 for ADU’s; and
WHEREAS, the proposed CA 25-04 has been publicly noticed in accordance with State Law and the Fountain Valley Municipal Code.
SECTION 1
The City Council hereby determines that CA 25-04 is exempt from the California Environmental Quality Act (“CEQA”) under Public Resources Code section 21080.17 [statutory exemption for second unit ordinances]; CEQA Guidelines sections 15282(h) [statutory exemption for second unit ordinances]; 15303 [new construction or small structures] and 15305 [minor alterations to land]. This ordinance is also exempt under CEQA Guidelines section 15061, because this ordinance will not have a significant effect on the environment, because ADUs will largely constitute infill housing which is exempt from CEQA.
SECTION 2
The City Council finds that due notice of the public hearing on May 6, 2025, conducted in the City Council Chambers, 10200 Slater Avenue, Fountain Valley, was given as required by the Fountain Valley Municipal Code, Title 21, and the State of California. Public notice of this hearing and a copy of the Planning Commission agenda were posted at City Hall, Recreation Center and the Fountain Valley Library.
SECTION 3
Pursuant to Fountain Valley Municipal Code section 21.34.050 the City Council does hereby find as follows:
1. The proposed amendment ensures and maintains internal consistency with the actions, goals, objectives and policies of the General Plan, and would not create any inconsistencies with Title 21, in the case of a title amendment. The proposed amendment would promote and encourage the development of a variety of housing opportunities to accommodate current and projected households by promoting the construction of additional dwelling units to accommodate Fountain Valley’s share of regional housing needs in accordance with adopted land use policies (General Plan Housing Element Goal #1/Policy 1.1). CA 25-04 would be consistent with California Government Code 66310-66342 and Title 21 and would not create any inconsistencies with Title 21, in the case of a title amendment.
2. The proposed amendment would not be detrimental to the public convenience, health, interest, safety or welfare of the city. CA 25-04 would clearly identify standards that must be met per California Government Code 66310-66342 along with development standards to ensure consistency with the Fountain Valley Municipal Code to ensure public convenience, health, interest, safety, and welfare will be met.
3. The proposed amendment has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA) and the city’s environmental review procedures as addressed in Section 1 above.
4. The proposed amendment is internally consistent with other applicable provisions of Title 21. As noted in finding 1 above, CA 25-04 would update FVMC 21.08.055 to provide internal consistency with other applicable provisions of Title 21. There are no other known inconsistencies with the proposed amendment and other applicable provisions of Title 21.
SECTION 4
Section 21.08.055 is hereby amended to read as follows:
“…
21.08.055 Standards for accessory dwelling units.
The following objective standards shall apply to accessory dwelling units:
(a) Accessory Dwelling Units Constructed Within Existing Structures. An accessory dwelling unit: (1) located within a proposed or existing single-family dwelling, including attached garages, storage areas or similar uses, or an accessory structure; or (2) constructed in the same location and to the same dimensions as an existing structure that is converted to an accessory dwelling unit or to a portion of an accessory dwelling unit; or (3) located within an existing multi-family structure project shall conform to the following:
(1) Building Permit. Prior to constructing an accessory dwelling unit per this subsection, the applicant must apply for and receive approval of a building permit. The application shall be ministerially considered and approved, without discretionary review or a hearing, notwithstanding Government Code Section 65901 or 65906 or regulation of variances or special use permits, and be in compliance with all requirements imposed by subsection (a). (A) Plan Review. The city shall approve or deny an application to create or serve an accessory dwelling unit under subsection (a) within sixty days from the date the city receives a completed building permit application if there is an existing single-family or multi-family dwelling on the lot. If the application to create or serve an accessory dwelling unit is submitted in conjunction with an application to create a new singlefamily or multifamily dwelling unit on the lot, the city may delay approving or denying the application for the accessory dwelling unit until the city approves or denies the application to create or serve the new single-family or multi-family dwelling, but the application to create or serve the accessory dwelling unit shall be considered without
discretionary review or hearing. If the applicant requests a delay, the sixty-day time period shall be tolled for the period of the agreed-upon delay. If the city has not approved or denied the completed application within sixty days, the application shall be deemed approved.
(B) Denial. If the permitting agency denies an application for an accessory dwelling submitted pursuant to subdivision (a)(1)(A), the permitting agency shall, within the time period of subdivision (a)(1)(A), return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant. The permitting agency shall not deny an application for a permit to create an accessory dwelling unit due to the correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and are not affected by the construction of the accessory dwelling unit.
(2) Demolition Permit. A demolition permit for a detached garage that is to be replaced with an accessory dwelling unit shall be reviewed with the application for the accessory dwelling unit and issued at the same time. The permit applicant shall not be required to provide a written notice or posted placard for the demolition of a detached garage that is to be replaced with an accessory dwelling unit, unless the property is located within an architecturally and historically significant historic district.
(3) Building Code Requirements. Accessory dwelling units shall be constructed on a permanent foundation and shall be built in compliance with the California Building Code. Accessory dwelling units shall comply with local building code requirements that apply to detached dwellings, except that the construction of an accessory dwelling unit shall not constitute a Group R occupancy change under the local building code, as described in Section 310 of the California Building Code (Title 24 of the California Code of Regulations), unless the building official makes a written finding based on substantial evidence in the record that the construction of the accessory dwelling unit could have a specific, adverse impact on public health and safety.
Nothing in this clause shall be interpreted to prevent the city from changing the occupancy code of a space that was unhabitable space or was only permitted for nonresidential use and was subsequently converted for residential use pursuant to this section. (4) Areas Allowed. Accessory dwelling unit(s) shall be permitted in areas zoned to allow for single-family or multifamily dwelling residential use on lots that include an existing or proposed dwelling.
(5) Number of Accessory Dwelling Units Allowed.
(A) A parcel with one existing or proposed single-family dwelling shall contain no more than a total of three dwelling units comprised of one single-family dwelling, one accessory dwelling unit, and one junior accessory dwelling unit; or (B) A parcel with one existing or proposed single-family dwelling shall contain no more than a total of four dwelling units if they are comprised of one single-family dwelling, one internal accessory dwelling unit, one junior accessory dwelling unit, and one
detached new construction accessory dwelling unit that does not exceed four-foot side and rear yard setbacks with a maximum unit size of eight hundred square feet; and (C) In multi-family projects as noted in subsection (e). (6) Access. The accessory dwelling unit shall provide independent exterior access from the existing dwelling.
(7) Sold Separately. The accessory dwelling unit may be rented separate from the primary residence but may not be sold or otherwise conveyed separate from the primary residence, unless qualified as a sale or conveyance of accessory dwelling unit separate from primary residence under Government Code Section 66341.65852.26
(8) Passageway. No passageway shall be required in conjunction with the construction of an accessory dwelling unit.
(9) Fire Sprinklers. The installation of fire sprinklers shall not be required in an accessory dwelling unit if sprinklers are not required for the primary residence. The construction of an accessory dwelling unit shall not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling.
(10) Utility Connection. Accessory dwelling units shall not be considered by the city to be a new residential use for the purposes of calculating connection fees or capacity charges for utilities, including water and sewer service. The city shall not require the applicant to install a new or separate utility connection directly between the accessory dwelling unit and the utility or impose a related connection fee or capacity charge for an accessory dwelling unit under subsection (a).
(11) Parking. No additional parking spaces shall be required. (12) Minor Expansion. A minor expansion of not more than one hundred fifty square feet beyond the same physical dimensions as the existing accessory structure may be allowed if it is limited to accommodating ingress and egress, there is exterior access from the proposed or existing dwelling, and the side and rear setbacks are sufficient for fire safety. (13) Rental. If the accessory dwelling unit is available for rent, the rental of the accessory dwelling unit shall be for a term longer than thirty days or longer. (14) Covenant. A covenant containing restrictions that the accessory dwelling unit shall not be sold separately from the main dwelling unit, unless qualified as a sale or conveyance of accessory dwelling unit separate from primary residence under Government Code Section 65852.26, and the rental term of the accessory dwelling unit shall not be less than thirty days shall be recorded with the county recorder’s office. Copies of the recorded covenant shall be filed with the building department and the covenant shall run with the land and shall be binding upon any future owner, heirs, or assigns. Accessory dwelling units created after January 1, 2025, shall be owner occupied and a covenant containing this restriction shall also be recorded for accessory dwelling unit’s created after January 1, 2025. (15 14) Nonconforming Zoning Conditions. An existing structure converted to an accessory dwelling unit under this section shall not require the correction of any legal nonconformity that
may exist on the property as a requirement of approval. Illegal nonconformities shall be subject to Section 21.56.050 “Unlawful uses and structures.”
(16 15) Impact Fee. An impact fee for the development of an accessory dwelling unit may only be imposed for an accessory dwelling unit of seven hundred fifty square feet or larger and shall be charged proportionately in relation to the square footage of the primary dwelling unit. For purposes of this section, “impact fee” has the same meaning as the term “fee” is defined in subdivision (b) of Section 66000 of the state of California Government Code, except that it also includes fees specified in Section 66477 of the state of California Government Code. “Impact fee” does not include any connection fee or capacity charge charged by a local agency, special district, or water corporation.
(17 16) Certificate of Occupancy. The city shall not issue a certificate of occupancy for an accessory dwelling unit before a certificate of occupancy has been issued for the primary dwelling.
(18 17) Entrances. A maximum of two entrances may be provided to an accessory dwelling unit in the form of a front entry door and a door, or sliding glass door, located off the main living room area. No separate entry shall be allowed to an individual bedroom. This section does not apply to any unit subject to Government Code Section 65852.2, subdivision (e) 66323. (19 18) Garage Conversion. If an applicant for an ADU garage conversion chooses to remove the vehicular access door of a garage that is proposed to be converted to an accessory dwelling unit and replace it with a new solid wall, the new wall shall be built in compliance with the California Building Code and California Energy Code and should match the rest of the existing dwelling unit in terms of exterior color and material and types of windows and doors. (b) New Construction Accessory Dwelling Unit Structures. New accessory dwelling unit structures constructed: (1) attached to a proposed or existing single-family dwelling or multi-family dwelling including attached garages, storage areas or similar uses, or an accessory structure; or (2) detached from a proposed or existing single-family dwelling or multi-family dwelling and located on the same lot as the proposed single-family dwelling or multi-family dwelling, including detached garages, shall conform to the following:
(1) Building Permit. Prior to constructing a new accessory dwelling unit per this subsection, the applicant must apply for and receive approval of a building permit. The application shall be ministerially considered and approved, without discretionary review or a hearing, notwithstanding Government Code Section 65901 or 65906 or regulation of variances or special use permits, and be in compliance with all requirements imposed by subsection (b). (A) Plan Review. The city shall approve or deny an application to create or serve an accessory dwelling unit under subsection (b) within sixty days from the date the city receives a completed building permit application if there is an existing single-family or multi-family dwelling on the lot. If the application to create or serve an accessory dwelling unit is submitted in conjunction with an application to create a new singlefamily or multifamily dwelling unit on the lot, the city may delay approving or denying the application for the accessory dwelling unit until the city approves or denies the application to create or serve the new single-family or multi-family dwelling, but the
application to create or serve the accessory dwelling unit shall be considered without discretionary review or hearing. If the applicant requests a delay, the sixty-day time period shall be tolled for the period of the agreed-upon delay. If the city has not approved or denied the completed application within sixty days, the application shall be deemed approved.
(B) Denial. If the permitting agency denies an application for an accessory dwelling submitted pursuant to subdivision (b)(1)(A), the permitting agency shall, within the time period of subdivision (b)(1)(A), return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant. The permitting agency shall not deny an application for a permit to create an accessory dwelling unit due to the correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and are not affected by the construction of the accessory dwelling unit.
(2) Demolition Permit. A demolition permit for a detached garage that is to be replaced with an accessory dwelling unit shall be reviewed with the application for the accessory dwelling unit and issued at the same time. The permit applicant shall not be required to provide a written notice or posted placard for the demolition of a detached garage that is to be replaced with an accessory dwelling unit, unless the property is located within an architecturally and historically significant historic district.
(3) Building Code Requirements. Accessory dwelling units shall be constructed on a permanent foundation and shall be built in compliance with the California Building Code. Accessory dwelling units shall comply with local building code requirements that apply to detached dwellings, except that the construction of an accessory dwelling unit shall not constitute a Group R occupancy change under the local building code, as described in Section 310 of the California Building Code (Title 24 of the California Code of Regulations), unless the building official makes a written finding based on substantial evidence in the record that the construction of the accessory dwelling unit could have a specific, adverse impact on public health and safety.
Nothing in this clause shall be interpreted to prevent the city from changing the occupancy code of a space that was unhabitable space or was only permitted for nonresidential use and was subsequently converted for residential use pursuant to this section. (4) Areas Allowed. New accessory dwelling unit(s) shall be permitted in areas zoned to allow for single-family or multifamily dwelling residential use on lots that include an existing or proposed dwelling.
(5) Number of Accessory Dwelling Units Allowed.
(A) A parcel with one existing or proposed single-family dwelling shall contain no more than a total of three dwelling units comprised of one single-family dwelling, one accessory dwelling unit, and one junior accessory dwelling unit; or (B) A parcel with one existing or proposed single-family dwelling shall contain no more than a total of four dwelling units if they are comprised of one single-family dwelling, one internal accessory dwelling unit, one junior accessory dwelling unit, and one
detached new construction accessory dwelling unit that does not exceed four-foot side and rear yard setbacks with a maximum unit size of eight hundred square feet; and (C) In multi-family projects as noted in subsection (e). (6) Kitchen, Bathroom, and Entrance. The accessory unit shall contain separate kitchen and bathroom facilities and may have a separate entrance from the main dwelling. The unit shall have a minimum gross floor area to accommodate the development of an efficiency unit as defined in Section 17958.1 of the Health and Safety Code. (7) Sold Separately. The accessory dwelling unit may be rented separate from the primary residence but may not be sold or otherwise conveyed separate from the primary residence, unless qualified as a sale or conveyance of accessory dwelling unit separate from primary residence under Government Code Section 66341.65852.
(8) Attached and Detached Accessory Dwelling Units Maximum and Minimum Unit Size. (A) The minimum size of a new accessory dwelling unit shall be one hundred fifty square feet.
(B) The maximum size for a new detached accessory unit shall be:
(i) Eight hundred fifty square feet; or
(ii) One thousand square feet for an accessory dwelling unit that provides more than one bedroom.
(C) The maximum size for a new attached accessory dwelling unit shall be fifty percent of the primary residence. This shall not require an accessory dwelling unit to be less than 800 square feet.
(D) An existing or proposed garage space designated for an accessory dwelling unit shall not exceed 200 square feet.
(9) Building Separation for Detached Accessory Dwelling Units. A detached accessory dwelling unit shall be separated from the main dwelling a minimum of ten feet if the size of the accessory dwelling unit is over 800 square feet.
(10) Length of Shared Wall for Attached Accessory Dwelling Units. An attached accessory dwelling unit shall share at least one wall with the main dwelling. The shared wall shall be at least five feet in length, or half the width of the accessory dwelling unit, whichever is larger. (11) Setbacks. A setback of no more than four feet from the side and rear lot lines shall be required for a new accessory dwelling unit.
(12) Passageway and Entrances. No passageway shall be required in conjunction with the construction of an accessory dwelling unit. A maximum of two entrances may be provided to an accessory dwelling unit in the form of a front entry door and a door, or sliding glass door, located off the main living room area. No separate entry shall be allowed to an individual bedroom. This section does not apply to any unit created subject to Government Code Section 65852.2, subdivision (e) 66323.
(13) Development Standards. Both detached and attached accessory dwelling units shall comply with the residential district general development standards for the property found in Table 2-3 of Section 21.08.040 for each zoning district in respect to floor area ratio, landscaping, ratio of second story to first story, balconies and decks, and open space requirements. No development standard regarding a zoning clearance or separate zoning review or any other minimum or maximum size for an accessory dwelling unit, size based upon a percentage of the proposed or existing primary dwelling, or limits on lot coverage, floor area ratio, open space, front setbacks, building separation requirements, and minimum lot size, for either attached or detached dwellings, shall apply that would not permit at least an eight hundred square foot accessory dwelling unit with at least four-foot side and rear setbacks. This section may not preclude a unit built subject to Government Code Section 65852.2, subdivision (e) 66323. (14) Privacy. Windows of an accessory dwelling unit located within five feet of property line shall be clerestory or frosted windows.
(15) Parking. Parking requirements for accessory dwelling units shall be one space per accessory dwelling unit or per bedroom, whichever is less. These spaces may be provided as tandem parking on a driveway. Off-street parking shall be permitted in setback areas on an existing or expanded driveway or through tandem parking on an existing or expanded driveway as allowed by this code, unless specific findings are made that parking in setback areas or tandem parking is not feasible based upon specific site or regional topographical or fire and life safety conditions.
Front yard setback landscaping requirements of Chapter 21.20 shall apply. No additional driveway shall be provided on the property to provide parking for an accessory dwelling unit unless the driveway is located on a corner lot subject to review and approval by the public works department. When a garage, carport, or covered parking structure, or uncovered parking space is demolished in conjunction with the construction of an accessory dwelling unit, or converted to an accessory dwelling unit, those off-street parking spaces shall not be required to be replaced.
(16) Architectural Compatibility. The accessory dwelling unit must match the existing singlefamily dwelling unit in terms of exterior color and material, roof material and color, and types of windows and doors.
(17) Height. Accessory dwelling units shall be subject to the following height restrictions:
(A) A detached accessory dwelling unit on a lot with an existing or proposed singlefamily or multi-family dwelling unit shall be restricted to a single-story structure with a maximum height of sixteen feet.
(B) A detached accessory dwelling unit on a lot with an existing or proposed singlefamily or multi-family dwelling unit that is within one-half of one mile walking distance of a major transit stop or a high-quality transit corridor, as defined in Section 21155 of the Public Resources Code, shall be restricted to a single-story structure with a maximum height of eighteen feet. An additional two feet in height (for a maximum of twenty feet) shall be allowed to accommodate a roof pitch on the accessory dwelling unit that is aligned with the roof pitch of the primary dwelling unit.
(C) A detached accessory dwelling unit on a lot with an existing or proposed multifamily, multistory dwelling shall be restricted to a single-story structure with a maximum height of eighteen feet.
(D) An accessory dwelling unit that is attached to a primary dwelling shall be restricted to a two-story structure with a maximum height of twenty-five feet, or the height limitation of the applicable zone, whichever is lower.
(18) Attics and Basements. The following standards shall apply to attics and basements of attached and detached accessory dwelling units:
(A) An accessory dwelling unit habitable attic, compliant with the size and height limitations and definition set forth in the California Building Code, shall count as a story and shall count toward the total living area size of an accessory dwelling unit. Habitable attics, as defined in the California Building Code, shall only be allowed on one-story attached accessory dwelling units that are limited to two stories total. Non-habitable attics shall be allowed in an attached or detached accessory dwelling unit for storage purposes only with no exterior architectural features, windows, etc., from the attic area. (B) An accessory dwelling unit habitable basement, compliant with the size and height limitations and definition set forth in the California Building Code, shall not count as a story and shall count toward the total living area size of an accessory dwelling unit. (19) Fire Sprinklers. The installation of fire sprinklers shall not be required in an accessory dwelling unit if sprinklers are not required for the primary residence unless otherwise required by the current California Fire Code or Fountain Valley Municipal Code. The construction of an accessory dwelling unit shall not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling.
(20) Utility Connections. An accessory dwelling unit shall not be considered to be a new residential use for purposes of calculating connection fees or capacity charges for utilities, including water and sewer service, unless the accessory dwelling unit was constructed with a new single-family dwelling. The city may require the applicant to install a new or separate utility connection directly between the accessory dwelling unit and the utility. Consistent with California Government Code Section 66013, the connection may be subject to a connection fee or capacity charge that shall be proportionate to the burden of the proposed accessory dwelling unit, based upon either its square feet or the number of its drainage fixture unit (DFU) values, as defined in the Uniform Plumbing Code adopted and published by the International Association of Plumbing and Mechanical Officials, upon the water or sewer system. This fee or charge shall not exceed the reasonable cost of providing this service. (21) Impact Fee. An impact fee for the development of an accessory dwelling unit may only be imposed for an accessory dwelling unit of seven hundred fifty square feet or larger and shall be charged proportionately in relation to the square footage of the primary dwelling unit. For purposes of this section, “impact fee” has the same meaning as the term “fee” is defined in subdivision (b) of Section 66000 of the State of California Government Code, except that it also includes fees specified in Section 66477 of the State of California Government Code. “Impact
fee” does not include any connection fee or capacity charge charged by a local agency, special district, or water corporation.
(22) Rental. If the accessory dwelling unit is available for rent, the rental of the accessory dwelling unit shall be for a term longer than thirty days or longer. (23) Covenant. A covenant containing restrictions that the accessory dwelling unit shall not be sold separately from the main dwelling unit, unless qualified as a sale or conveyance of accessory dwelling unit separate from primary residence under Government Code Section 65852.26, and the rental term of the accessory dwelling unit shall not be less than thirty days shall be recorded with the county recorder’s office. Copies of the recorded covenant shall be filed with the building department and the covenant shall run with the land and shall be binding upon any future owner, heirs, or assigns. Accessory dwelling units created after January 1, 2025 shall be owner occupied and a covenant containing this restriction shall also be recorded for accessory dwelling unit’s created after January 1, 2025. (24 23) Nonconforming Zoning Conditions. An existing structure converted to an accessory dwelling unit under this section shall not require the correction of any legal nonconformity that may exist on the property as a requirement of approval. Illegal nonconformities shall be subject to Section 21.56.050 “Unlawful uses and structures.”
(25 24) Certificate of Occupancy. The city shall not issue a certificate of occupancy for an accessory dwelling unit before a certificate of occupancy has been issued for the primary dwelling.
(c) Notwithstanding subsection (a) or (b), parking requirements for an accessory dwelling unit will not be imposed in any of the following instances and upon verifiable proof provided by the applicant:
(1) The accessory dwelling unit is located within one-half mile walking distance of public transit. For the purposes of this section “public transit” shall include any bus stop. (2) The accessory dwelling unit is located within an architecturally and historically significant historic district.
(3) The accessory dwelling unit is part of the proposed or existing primary residence or an accessory structure.
(4) When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit.
(5) When there is a designated, fixed pick-up or drop-off location for a car share vehicle located within one block of the accessory dwelling unit. (6) When a permit application for an accessory dwelling unit is submitted with a permit application to create a new single-family dwelling or a new multi-family dwelling on the same lot, provided that the accessory dwelling unit or the parcel satisfies any other criteria listed in this subsection (c).
(d) Junior Accessory Dwelling Units. Junior accessory dwelling units constructed within the existing or proposed space of a single-family dwelling shall conform to the following objective standards:
(1) Building Permit. Prior to constructing a junior accessory dwelling unit per this subsection, the applicant must apply for a building permit. The application shall be considered and approved, without discretionary review or a hearing, notwithstanding Government Code Section 65901 or 65906 or regulation of variances or special use permits and be in compliance with all requirements imposed by this subsection (d).
(A) Plan Review. The city shall approve or deny an application to create or serve a junior accessory dwelling unit under this subsection (d) within sixty days from the date the city receives a completed building permit application if there is an existing singlefamily dwelling on the lot. If the application to create or serve a junior accessory dwelling unit is submitted in conjunction with an application to create a new singlefamily or multifamily dwelling unit on the lot, the city may delay approving or denying the application for the junior accessory dwelling unit until the city approves or denies the application to create or serve the new single-family or multi-family dwelling, but the application to create or serve the junior accessory dwelling unit shall be considered without discretionary review or hearing. If the applicant requests a delay, the sixty-day time period shall be tolled for the period of the agreed-upon delay. If the city has not approved or denied the completed application within sixty days, the application shall be deemed approved.
(B) Denial. If the permitting agency denies an application for a junior accessory dwelling submitted pursuant to subdivision (d)(1)(A), the permitting agency shall, within the time period of subdivision (d)(1)(A), return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant. The permitting agency shall not deny an application for a permit to create a junior accessory dwelling unit due to the correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and are not affected by the construction of the accessory dwelling unit.
(2) Building Code Requirements. Junior accessory dwelling units shall be constructed on a permanent foundation and shall be built in compliance with the California Building Code. Junior accessory dwelling units shall comply with local building code requirements that apply to detached dwellings, except that the construction of an accessory dwelling unit shall not constitute a Group R occupancy change under the local building code, as described in Section 310 of the California Building Code (Title 24 of the California Code of Regulations), unless the building official makes a written finding based on substantial evidence in the record that the construction of the accessory dwelling unit could have a specific, adverse impact on public health and safety. Nothing in this clause shall be interpreted to prevent city from changing the occupancy code of a space that was unhabitable space or was only permitted for nonresidential use and was subsequently converted for residential use pursuant to this section. (3) Areas Allowed. Junior accessory dwelling units shall be permitted on a lot that is allowed to permit any proposed or existing single-family dwelling subject to compliance with this subsection (d).
(4) Number of Junior Accessory Dwelling Units Allowed. Only one junior accessory dwelling unit shall be allowed in any residential zone within one proposed or existing single-family dwelling per lot.
(5) Owner-Occupied. The main dwelling or the junior accessory dwelling unit shall be owneroccupied. Notwithstanding the foregoing, owner-occupancy shall not be required if the owner is another governmental agency, land trust, or housing organization. (6) Rental. If the junior accessory dwelling unit is available for rent, the rental of the accessory dwelling unit shall be for a term longer than thirty days. (7) Cannot Be Sold Separately. The junior accessory dwelling unit may be rented separate from the primary residence, but may not be sold or otherwise conveyed separate from the primary residence.
(8) Maximum and Minimum Size. The junior accessory dwelling unit is restricted to a maximum of five hundred square feet and a minimum size of one hundred fifty square feet. (9) Constructed Within Existing Structures. Junior accessory dwelling units must be constructed within the walls of the proposed or existing single-family residence. Enclosed uses within the residence, such as attached garages, are considered part of the proposed or existing single-family residence.
(10) Entrance. A junior accessory dwelling unit must include a separate entrance from the main entrance to the proposed or existing single-family residence. If a junior accessory dwelling unit shares a bathroom with the primary dwelling, the junior accessory dwelling unit must provide an interior entry to the primary dwelling’s main living area independent of the exterior entrance to the junior accessory dwelling unit and primary dwelling. (11) Efficiency Kitchen. At a minimum, a junior accessory dwelling unit must include an efficiency kitchen, which shall include a cooking facility with appliances and a food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit.
(12) Parking. No additional parking shall be required as a condition to grant the building permit. (13) Fire or Life Protection. A junior accessory dwelling unit shall not be considered a separate or new dwelling unit for the purpose of any fire or life protection. (14) Utility Connections. For the purposes of providing service for water, sewer, or power, including a connection fee, a junior accessory dwelling unit shall not be considered a separate or new dwelling unit.
(15) Nonconforming Zoning Conditions. An existing structure converted to accommodate a junior accessory dwelling unit under this section shall not require the correction of any legal nonconformity that may exist on the property as a requirement of approval. Illegal nonconformities shall be subject to Section 21.56.050 “Unlawful uses and structures.” (16) Certificate of Occupancy. The city shall not issue a certificate of occupancy for an accessory dwelling unit before a certificate of occupancy has been issued for the primary dwelling.
(17) Covenant. A covenant containing restrictions below shall be recorded with the county recorder’s office and copies of the recorded covenant shall be filed with the building department.
(A) Either the main dwelling or the junior accessory dwelling unit shall be owneroccupied except if the owner is a governmental agency, land trust, or housing organization.
(B) The junior accessory dwelling unit shall not be sold separately from the main dwelling unit.
(C) The junior accessory dwelling unit shall be as approved. No changes to the junior accessory dwelling unit shall occur without approval of a new building permit. (D) The rental term of the accessory dwelling unit shall not be less than thirty days. (E) This covenant shall run with the land and shall be binding upon any future owners, heirs, or assigns.
(F) The restrictions shall be binding upon any successor in ownership of the property and lack of compliance with this provision may result in legal action against the property owner including revocation of any right to maintain a junior accessory dwelling unit on the property.
(18) Garage Conversion. If an applicant for a Junior Accessory Dwelling Unit garage conversion chooses to remove the vehicular access door of a garage that is proposed to be converted to an accessory dwelling unit and replace it with a new solid wall, the new wall shall be built in compliance with the California Building Code and California Energy Code and should match the rest of the existing dwelling unit in terms of exterior color and material and types of windows and doors.
(e) Special Regulations for Multi-Family and Mixed-Use Accessory Dwelling Units. In addition to the requirements under subsections (a) through (c), accessory dwelling units attached to, or located within existing multi-family dwelling structures, or new construction accessory dwelling units in a multi-family residential or mixed-use zones shall conform to the following:
(1) At least one accessory dwelling unit shall be allowed within an existing multi-family dwelling and up to twenty-five percent of the existing multi-family dwelling units. Multiple accessory dwelling units shall be allowed within the portions of existing multi-family dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with state building standards for dwellings.
(2) Not more than two eight detached accessory dwelling units that are located on a lot that has an existing multi-family dwelling, however the number of accessory dwelling units allowed shall not exceed the number of existing units on the lot. These accessory dwelling units but are detached from that multi-family dwelling and are subject to a height limit of eighteen feet and four-foot rear yard and side setbacks shall be allowed. An additional two feet in height shall be
allowed to accommodate a roof pitch on the accessory dwelling unit that is aligned with the roof pitch of the primary dwelling unit.
(3) On a lot with a proposed multifamily dwelling, no more than two detached accessory dwelling units shall be allowed. These accessory dwelling units are subject to a height limit of eighteen feet and four-foot rear yard and side setbacks. An additional two feet in height shall be allowed to accommodate a roof pitch on the accessory dwelling unit that is aligned with the roof pitch of the primary dwelling unit.
(4) If the existing multifamily dwelling has a rear or side setback of less than four feet, the city shall not require any modification of the existing multifamily dwelling as a condition of approving the application to construct an accessory dwelling unit that satisfies the requirements of Section (e) Special Regulations for Multi-Family and Mixed-Use Accessory Dwelling Units. (f) Accessory Dwelling Units and Junior Accessory Dwelling Units Constructed Before January 1, 20182020. This section shall not apply to a building that is deemed substandard pursuant to Section 17920.3 of the Health and Safety Code.
(1) Except as provided in subdivision (f)(2), the permitting agency shall not deny a permit for an unpermitted accessory dwelling unit or junior accessory dwelling unit that was constructed before January 1, 20182020, due to either of the following:
(A) The accessory dwelling unit or junior accessory dwelling unit is in violation of building standards pursuant to Article 1 (commencing with Section 17960) of Chapter 5 of Part 1.5 of Division 13 of the Health and Safety Code. (B) The accessory dwelling unit or junior accessory dwelling unit does not comply with Section 65852.2 Government Code Sections 66313-66331 and 66342, or any local ordinance regulating accessory dwelling units or junior accessory dwelling units. (2) Notwithstanding subdivision (f)(1), the permitting agency may deny a permit for an accessory dwelling unit or junior accessory dwelling unit subject to subdivision (f)(1) if the permitting agency makes a finding that correcting the violation is necessary to comply with the standards specified in Section 17920.3 of the Health and Safety Code.is necessary to protect the health and safety of the public or occupants of the structure. (3) A homeowner applying for a permit for a previously unpermitted accessory dwelling unit or junior accessory dwelling unit constructed before January 1, 2020, shall not be required to pay impact fees or connection or capacity charges except when utility infrastructure is required to comply with Section 17920.3 of the Health and Safety Code and when the fee is authorized by subdivision (e) of Section 66324.
(4) Upon receiving an application to permit a previously unpermitted accessory dwelling unit or junior accessory dwelling unit constructed before January 1, 2020, an inspector from the permitting agency may inspect the unit for compliance with health and safety standards and provide recommendations to comply with health and safety standards necessary to obtain a permit. If the inspector finds noncompliance with health and safety standards, the permitting agency shall not penalize an applicant for having the unpermitted accessory dwelling unit or junior
accessory dwelling unit and shall approve necessary permits to correct noncompliance with health and safety standards.
(g) Definitions. As used in this section, the following terms mean:
(1) “Accessory dwelling unit” means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multi-family dwelling is or will be situated. An accessory dwelling unit also includes the following:
(A) An efficiency unit.
(B) A manufactured home, as defined in Section 18007 of the Health and Safety Code. (2) “Accessory structure” means a structure that is accessory and incidental to a dwelling located on the same lot.
(3) “Efficiency unit” has the same meaning as defined in Section 17958.1 of the Health and Safety Code.
(4) “Livable space” means a space in a dwelling intended for human habitation, including living, sleeping, eating, cooking, or sanitation.
(4 5) “Living area” means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure. (5 6) “Local agency” means a city, county, or city and county, whether general law or chartered.
(6 7) “Neighborhood” has the same meaning as set forth in Section 65589.5. (7 8) “Nonconforming zoning condition” means a physical improvement on a property that does not conform with current zoning standards.
(8 9) “Objective standards” means standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal.
(9 10) “Passageway” means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit. (10 11) “Permitting agency” means any entity that is involved in the review of a permit for an accessory dwelling unit or junior accessory dwelling unit and for which there is no substitute, including, but not limited to, applicable planning departments, building departments, utilities, and special districts.
(11 12) “Proposed dwelling” means a dwelling that is the subject of a permit application and that meets the requirements for permitting.
(12 13) “Public transit” means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public. (13 14) “Tandem parking” means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another. …
SECTION 5
If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the ordinance. The City Council declares that it would have passed this ordinance and each and every section, subsection, sentence, clause or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would subsequently be declared invalid or unconstitutional.
SECTION 6
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 20TH DAY OF MAY, 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 OF FOUNTAIN VALLEY
CITY COUNCIL
COUNCIL ACTION REQUEST
To: Honorable Mayor and Agenda Date: May 6, 2025
Members of the City Council
SUBJECT: Public Hearing and Introduction: Code Amendment No. 25-04 – An Amendment To Fountain Valley Municipal Code (FVMC) Section
21.08.055 For Accessory Dwelling Units (ADU’s)
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
On December 6, 2024, the city received a letter from the California Department of Housing and Community Development (“HCD”) noting the city’s Accessory Dwelling Unit (“ADU”) Ordinance, which was approved on October 3, 2023, through Ordinance No. 1603, must be updated to comply with recent changes to state law. The four areas requiring changes to the City’s ADU Ordinance include changes to statutory numbering, sprinkler requirements, covenant requirements, and multifamily ADU’s.
The attached Ordinance incorporates changes noted by HCD in the letter dated December 6, 2024, as well as necessary updates identified by the City Attorney (Attachment 1).
At the Planning Commission meeting of April 9, 2025, the Planning Commission voted 5-0 approving Resolution No. 25-01 recommending the City Council approve Code Amendment No. 25-04.
Staff recommends the City Council conduct a public hearing and introduce the attached Ordinance approving Code Amendment No. 25-04 to amend FVMC 21.08.055 for ADU’s.
DISCUSSION
On October 3, 2023, the Fountain Valley City Council adopted ADU Ordinance No. 1603 compliant with state law. On October 10, the city sent Ordinance 1603 to HCD through the email address [email protected] as required by Government Code 65852.2(h) and the city received confirmation of the receipt of Ordinance No. 1603 on the same day.
On December 6, 2024, the city received a letter from the California Department of Housing and Community Development (HCD) noting that the city’s ADU Ordinance must be updated to comply with recent changes to state law (Attachment 2). The letter also stated that the city must provide a written response to the letter by January 6, 2025. The city responded to the
Council Action Request
Code Amendment No. 25-04 Accessory Dwelling Units Ordinance City Council Meeting May 6, 2025
letter on December 10, 2024, noting that updates would be prepared for Planning Commission and City Council consideration (Attachment 3). HCD’s letter outlines four (4) areas where Fountain Valley’s ADU Ordinance is deficient as described below and the city’s response to each area.
1. Statutory Numbering - The Ordinance contains several references to code sections that were deleted by SB 477, effective March 25, 2024. These include Government Code sections 65852.2, 65852.22 and 65852.26. The contents of these sections were relocated to Government Code, Title 7, Division 1, Chapter 13 (sections 66310-66342, see Enclosure). The city must amend the Ordinance to refer to the correct code sections.
City Response – Edits are proposed to Sections (a)(7), (a)(17), (b)(7), (b)(12), (b)(13), and (f)(1)(B) referencing the new state law sections.
2. 21.08.055 (a)(9) and (b)(19) – Sprinklers – The Ordinance states, “The installation of fire sprinklers shall not be required in an accessory dwelling unit if sprinklers are not required for the primary residence.” However, Government Code section 66314, subdivision (d)(12) expands on this to require that “The construction of an accessory dwelling unit shall not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling.” The city must amend the Ordinance to add the omitted allowance.
City Response - Edits are proposed to Sections (a)(9) and (b)(19) to meet state law regarding sprinklers.
3. 21.08.055 (a)(14) and (b)(23) – Covenant – The Ordinance requires, “A covenant containing restrictions that the accessory dwelling unit shall not be sold separately from the main dwelling unit, unless qualified as a sale or conveyance of accessory dwelling unit separate from primary residence under Government Code Section 65852.26, and the rental term of the accessory dwelling unit shall not be less than thirty days shall be recorded with the county recorder's office.” However, Government Code section 66315 states, “No additional standards, other than those provided in Section 66314, shall be used or imposed, including an owner-occupant requirement, except that a local agency may require that the property may be used for rentals of terms 30 days or longer.” A deed restriction would be an “additional standard” and thus cannot be imposed. The City must remove these unlawful provisions from the Ordinance.
City Response - Edits are proposed to the ordinance to eliminate Sections (a)(14) and (b)(23) regarding the requirement for a covenant and revise Sections (a)(13) and(b)(22) regarding rental terms of 30 days or longer.
Additionally, the letter from HCD notes that as of January 1, 2025, with the chaptering of Senate Bill (SB) 1211 (Chapter 296, Statutes of 2024), under Government Code section 66323, subdivision (a)(4)(A)(ii), there is an allowance for “…up to 8 detached ADUs to be created on a lot with an existing multifamily dwelling, provided that the number of ADUs does not exceed the number of existing units on the lot, and up to 2 detached ADUs on a lot with a proposed multifamily dwelling.” To help align the city’s ADU Ordinance with SB 1211, the city is also proposing to amend Section (e)(2) to allow for up to eight (8) detached ADU’s on
Council Action Request
Code Amendment No. 25-04 Accessory Dwelling Units Ordinance City Council Meeting May 6, 2025
a lot with an existing multifamily dwelling and added Section (e)(3) to help limit the number of detached ADU’s to two (2) on a lot with a proposed multifamily dwelling and Section (e)(4) for existing multifamily dwellings that don’t meet required setbacks.
Lastly, the City Attorney identified several areas where the language of the City’s ADU Ordinance should be cleaned up to better align with State Law. These sections are identified in (b)(15) regarding parking, Section (f) to identify enforcement of unpermitted ADU’s that were constructed prior to January 1, 2020, including junior ADU’s, and Section (g)(4) to include the definition of livable space in the Ordinance.
State Review
State law requires that all local ADU ordinances be sent to the Department of Housing and Community Development (HCD) within 60 days after adoption. After adoption of an ordinance, HCD may submit written findings to the local agency as to whether the ordinance complies with state law. If HCD finds that the local agency’s ordinance does not comply with state law, HCD will notify the local agency and will provide the local agency with a reasonable time, no longer than 30 days, to respond to the findings before taking any other action authorized by state law, including notifying the Attorney General that the local agency is in violation of state law.
General Plan Consistency
The proposed amendment would promote and encourage the development of a variety of housing opportunities to accommodate current and projected households by promoting the construction of additional dwelling units to accommodate Fountain Valley’s share of regional housing needs in accordance with adopted land use policies (General Plan Housing Element Goal #1/Policy 1.1). CA 25-04 would be consistent with California Government Code 66310- 66342 and Title 21 and would not create any inconsistencies with Title 21, in the case of a title amendment.
FISCAL REVIEW
There is no financial impact associated with approving the proposed code amendment. This Ordinance will simply bring the City’s ADU Ordinance into compliance with the findings from HCD to provide consistency with state law.
PUBLIC NOTIFICATION
The item was published in the Orange County Register and public notices were posted at City Hall, Recreation Center, and Fountain Valley Library.
ENVIRONMENTAL IMPACT REVIEW
Adoption of this Ordinance is exempt from the California Environmental Quality Act (“CEQA”) under Public Resources Code section 21080.17 [statutory exemption for second unit ordinances]; CEQA Guidelines sections 15282(h) [statutory exemption for second unit ordinances]; 15303 [new construction or small structures] and 15305 [minor alterations to land]. This ordinance is also exempt per CEQA Guidelines section 15061, because this ordinance will not have a significant effect on the environment, because ADU’s will largely constitute infill housing which is exempt from CEQA (Attachment 4).
Council Action Request
Code Amendment No. 25-04 Accessory Dwelling Units Ordinance City Council Meeting May 6, 2025
ATTORNEY REVIEW
The Attorney for the City has reviewed the attached Ordinance.
ALTERNATIVES
Alternative No. 1: Introduce the attached Ordinance approving a categorical exemption per the California Environmental Quality Act (CEQA) and approving Code Amendment No. 25-04 to amend the Fountain Valley Municipal Code (FVMC) Section 21.08.055 for accessory dwelling units (ADU’s).
Alternative No. 2: Do not introduce the attached Ordinance approving a categorical exemption per the California Environmental Quality Act (CEQA) and approving Code Amendment No. 25-04 to amend the Fountain Valley Municipal Code (FVMC) Section 21.08.055 for accessory dwelling units (ADU’s).
RECOMMENDATION
Staff is requesting City Council approval of Alternative No. 1 to introduce the attached Ordinance approving a categorical exemption per the California Environmental Quality Act (CEQA) and approving Code Amendment No. 25-04 to amend the Fountain Valley Municipal Code (FVMC) Section 21.08.055 for accessory dwelling units (ADU’s).
Prepared by: Steven Ayers, Principal Planner
Reviewed by: Omar Dadabhoy, Community Development Director Approved by: Maggie Le, City Manager
Attachments:
1. Ordinance for Code Amendment No. 25-04
2. HCD Letter dated December 6, 2024
3. City response letter to HCD dated December 10, 2024
4. Notice of Exemption
CITY OF FOUNTAIN VALLEY
Planning Department
10200 Slater Avenue, Fountain Valley, CA 92708
714-593-4425 – fountainvalley.org
Notice of Exemption_________________________________________________ TO: Office of Planning and Research FROM: City of Fountain Valley P.O. Box 3044, Room 113 10200 Slater Avenue
Sacramento, CA 95812-3044 Fountain Valley, CA 92708
County Clerk
County of Orange
12 Civic Center Plaza
Santa Ana, CA 92701
Project Title: _________________________________________________________________________ Project Location/Address: ______________________________________________________________ Project Activity/Description: _____________________________________________________________ ___________________________________________________________________________________ ___________________________________________________________________________________ ___________________________________________________________________________________ Public Agency Approving Project: City of Fountain Valley, Orange County, California Project Applicant: _____________________________________________________________________ Project Applicant’s Address: ___________________________________Phone Number: ____________ _____________________________________________________________________________ Exempt Status: (check one):
Ministerial (Sec. 21080 (b)(1); 15268);
Declared Emergency (Sec. 21080 (b((3); 15269 (a));
Emergency Project (Sec. 21080 (b)(4); 15269 (b) (c));
Categorical Exemption. State type and section number: _________________________________ Statutory Exemptions. State code number: ___________________________________________ Reasons why project is exempt: __________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ Lead Agency Contact Person: ___________________________ Contact Phone: _____________________________ If filed by applicant:
1. Attach certified document of exemption finding.
2. Has a Notice of Exemption been filed by the public agency approving the project?: Yes No Signature: ________________________________ Date: _____________ Title: ___________________ Signed by Lead Agency Signed by Applicant
CITY OF FOUNTAIN VALLEY
CITY COUNCIL
COUNCIL ACTION REQUEST
TO: Honorable Mayor and Agenda Date: May 20, 2025
Members of the City Council
SUBJECT: Second Reading and Adoption of an Ordinance approving Code Amendment No. 23-07 – An Amendment To The Land Use
Requirements In The Workplace Neighborhood District To Allow For Collectible Vehicle Sales In The Fountain Valley Crossings Specific Plan Area
Three-Year Strategic Goals
☐ Enhance the culture and environment of “A Nice Place to Live” ☒ Attract and retain revenue producing businesses
☐ Achieve fiscal stability in accordance with the 20-Year Financial Plan ☐ Attract and retain quality staff
☐ Not applicable
EXECUTIVE SUMMARY:
At its meeting on May 6, 2025, the City Council introduced for a first reading an Ordinance amending the Fountain Valley Crossings Specific Plan (FVSCP) to amend the land use requirements in the Workplace Neighborhood District to allow for collectible vehicle sales in the FVCSP. The Workplace Neighborhood District is a subdistrict of the FVCSP generally located south of Talbert Ave, north of Kalama River Ave, and east of Euclid St., on the north side of the 405 freeway.
At the Planning Commission meeting of April 9, 2025, the Planning Commission voted 5-0 recommending the City Council approve Code Amendment No. 23-07 (Attachment #1). Staff recommends the City Council conduct a public hearing and introduce the attached Ordinance approving Code Amendment No. 23-07 to amend the land use requirements in the workplace neighborhood district to allow for collectible vehicle sales in the Fountain Valley Crossings Specific Plan Area.
DISCUSSION:
The proposed code amendment (CA), submitted by Bob Bunyan on behalf of the property owner of 18020-18030 Euclid Street, would amend the land use requirements in the Workplace Neighborhood District to allow for the sale and display of collectible vehicles in the FVCSP with a conditional use permit (CUP).
Council Action Request
Code Amendment No. 23-07
City Council Meeting May 20, 2025
The owner of the 18020-18030 Euclid Street property intends to display, sell, and store their high-end classic and collectible vehicles inside their building located at the southeast corner of Talbert Avenue and Euclid Street.
Code Requirement:
The subject property is located in the Workplace Neighborhood District of the FVCSP and vehicle sales are not permitted in the district. As such, to accommodate the applicant’s request, Section 2.1.3 of the FVCSP must be amended to allow for the sale and display of collectible vehicles. The draft Code Amendment (CA) proposes to allow for the sale and display of collectible vehicles in the Workplace Neighborhood District only with a CUP (Attachment #2). While the CA would apply to the entire District, the applicant has proposed the CA with the intention of locating the vehicle sales business at 18020-18030 Euclid Street.
Location:
On January 23, 2018, the Fountain Valley City Council adopted the FVCSP which contains the development regulations for the Crossings Specific Plan area, consisting of the approximate 162-acres of light industrial/commercial uses in the southeastern portion of the City located south of Talbert Avenue, north of Ellis Avenue, east of Ward Street and west of the Santa Ana River (Figure 1). As shown in Figure 1 below, the FVCSP is divided into the Activity Core Overlay and Target Area, the Workplace Neighborhood District, the Workplace Gateway District, and the Mixed Industry District.
Figure 1
Council Action Request
Code Amendment No. 23-07
City Council Meeting May 20, 2025
The purpose of the FVCSP is to create a policy and zoning framework that will allow for additional land-use flexibility within the FVCSP area. The FVCSP is intended to guide future development through new policies and development standards that enhance economic development with revenue-generating employment centers supported by compatible residential and commercial growth, while providing protection for the community’s quality of life and the provision of community benefits.
Analysis:
Bob Bunyan, on behalf of the property owner, Chance Gath, has submitted a request for a code amendment to allow for the sale and display of collectible vehicles in the Workplace Neighborhood District in the FVCSP. While the proposed CA would apply to all properties in the Workplace Neighborhood segment in the FVCSP, the applicant is specifically applying for the CA to allow for the sale and display of vehicles inside the building at 18020-18030 Euclid Street, located at the southeast corner of Euclid Street and Talbert Avenue.
The property has been vacant for several years since the Covid pandemic in 2020. The previous long-term tenants were Floor Expo & Design and WFD Interiors. As described in the applicant’s description letter, the property owner, Chance Gath who is the owner of Chanceco, LLC, intends to lease the building for the business Still Plays With Cars.
The owner intends to acquire and store high-value, classic and collectible automobiles in their 16,700 square-foot warehouse building. The project applicant prepared a conceptual floor plan showing one half of the building used for display of vehicles, and the other half storing inventory. As described in the description letter, the owner’s business plan is to search out high-value, classic and collectible automobiles and transport them to the Fountain Valley location. The vehicle would then be photographed and listed for sale. Any vehicle service would be completed off-site through a vendor.
Code Amendment 23-07:
The proposed CA has been drafted with the intention of only allowing high-value and truly collectible vehicle sales in the FVCSP with a CUP. Examples of such vehicles are pictured in Attachment #1 provided by the owner. In order to describe the type of vehicles that would be allowed to be displayed and sold on the property, the following definition is proposed to be added to the Workplace Neighborhood District Section 2.2.1.A.12 - Use Types chart (Page 32 of the FVCSP):
12. Vehicle Sales
Definition:
Collectible Vehicle Sales
The sale of vehicles that are sold or displayed and that offers more technology, or higher quality materials, or may be built in smaller numbers than more affordable mass market cars; or is recognized by automobile or insurance industry analysts as a collectible/classic/luxury car subject to the review and approval by the Director of Community Development.
Council Action Request
Code Amendment No. 23-07
City Council Meeting May 20, 2025
The proposed CA will also make changes to the following in the FVCSP:
Section # Section Page Addition
2.1.3.A Development
Standards Chart
2.2.1 Building Use
Regulations
specifying the type of vehicle sales allowed
2.2.1.A.12 Vehicle Sales Page 32 Adding definition of Collectible Vehicle Sales to table
2.7 Parking
Regulations
floor area
Since vehicle sales is currently not permitted in the Workplace Neighborhood District in the FVCSP, there is no parking regulation for vehicle sales. Staff worked with the applicant and determined a parking ratio of two (2) parking spaces per 1,000 square feet of floor area would be an appropriate parking regulation for the proposed vehicle sales and storage use. The idea of the business is to have a select and unique inventory of vehicles, thus naturally limiting the number of potential buyers, therefore the amount of parking needed for the business would be minimal.
Conclusion:
The proposed CA would allow the sale and display of collectible vehicles in the Workplace Neighborhood District in the FVCSP with a CUP. Staff recommends that the City Council conduct the public hearing and approve CA 23-07.
FISCAL REVIEW:
There is no financial impact associated with approving the proposed Ordinance.
PUBLIC NOTIFICATION:
This item was published in the Orange County Register and public notices were posted at City Hall and Fountain Valley Library.
ENVIRONMENTAL IMPACT REVIEW:
The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA) and the city’s environmental review procedures. CA 23-07 is not subject to review under CEQA pursuant to CEQA Guidelines Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15061(b)(3) (there is no possibility the activity in question may have a significant effect on the environment). CA 23-07 would allow for the sale and display of collectible vehicles in the Workplace Neighborhood District in the FVCSP with a CUP. A CUP application would be analyzed separately under the CEQA Guidelines.
Council Action Request
Code Amendment No. 23-07
City Council Meeting May 20, 2025
ATTORNEY REVIEW:
The Attorney for the City has reviewed the attached Ordinance.
ALTERNATIVES:
Alternative No. 1: Adopt the attached Ordinance approving Code Amendment No. 23- 07, that is an amendment to the Fountain Valley Crossings Specific Plan (FVCSP) to allow for the sale and display of collectible vehicles in the Workplace Neighborhood District in the FVCSP.
Alternative No. 2: Do not adopt the attached Ordinance and deny Code Amendment No. 23-07, that is an amendment to the Fountain Valley Crossings Specific Plan (FVCSP) to allow for the sale and display of collectible vehicles in the Workplace Neighborhood District in the FVCSP and direct staff to prepare a resolution for denial.
Alternative No. 3: Continue the request for additional information.
RECOMMENDATION:
Staff recommends that the City Council select Alternative No. 1 to adopt the attached Ordinance approving Code Amendment No. 23-07, that is an amendment to the Fountain Valley Crossings Specific Plan (FVCSP) to allow for the sale and display of collectible vehicles in the Workplace Neighborhood District in the FVCSP.
Prepared by: Matt Jenkins, Senior Planner
Reviewed by: Omar Dadabhoy, Community Development Director Fiscal Review by: Ryan Smith, Finance Director
Approved by: Maggie Le, City Manager
Attachments: 1. Planning Commission Staff Report
2. City Council Ordinance – Code Amendment
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FOUNTAIN VALLEY APPROVING CODE AMENDMENT (CA) NO. 23-07 TO AMEND
THE FOUNTAIN VALLEY CROSSINGS SPECIFIC PLAN (FVCSP) TO
ALLOW FOR THE SALE AND DISPLAY OF COLLECTIBLE VECHICLES
IN THE WORKPLACE NEIGHBORHOOD DISTRICT IN THE FVCSP WITH
A CONDITIONAL USE PERMIT
WHEREAS, the Fountain Valley City Council adopted the Fountain Valley Crossing Specific Plan (FVCSP) on January 23, 2018; and WHEREAS, an application for a Code Amendment (CA) was submitted by Bob Bunyan on behalf of the property owner of the building located at 18020/18030 Euclid Street in the FVCSP; and
WHEREAS, CA 23-07 would allow the Collectible Vehicle display, sales, and storage in the Workplace Neighborhood Segment; and
WHEREAS, the Fountain Valley Planning Commission considered the proposed CA 23-07 at a duly noticed public hearing on March 26, 2025, and by a vote of 5-0, approved Resolution No. 25-04, recommending the City Council approve Code CA 23- 07; and
WHEREAS, the City Council first considered CA 23-07 at its noticed public hearing on May 6, 2025; and by a vote of 5-0, approved CA 23-07; and WHEREAS, the proposed CA 23-07 has been publicly noticed in accordance with State Law and the Fountain Valley Municipal Code; and
NOW, THEREFORE, THE CITY COUNCIL DOES HEREBY ORDAIN AS
FOLLOWS:
SECTION 1:
The City Council finds that due notice of the public hearing on May 6, 2025, conducted in the Council Chambers, City Hall, 10200 Slater Avenue, was given as required by the FVMC, Title 21, and the Statutes of the State of California.
CA 23-07
SECTION 2:
Prior to consideration of the proposed code amendment, the City Council found that the amendments would not have a significant adverse effect upon the environment and determines that CA 23-07 is not subject to review under CEQA pursuant to CEQA Guidelines Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15061(b)(3) (there is no possibility the activity in question may have a significant effect on the environment). CA 23-07 would allow for the sale, display, and storage of collectible vehicles in the Workplace Neighborhood District in the FVCSP with a CUP. A CUP application would be analyzed separately under the CEQA Guidelines.
SECTION 3:
Pursuant to Fountain Valley Municipal Code section 21.34.050 the City Council does hereby find as follows:
1. The proposed amendment ensures and maintains internal consistency with the actions, goals, objectives and policies of the General Plan, and would not create any inconsistencies with Title 21, in the case of a title amendment.
The proposed CA would not create any inconsistencies with both the zoning ordinance – Title 21 and the FVCSP. The CA has been proposed and submitted by a representative of a property owner in the FVCSP, which is a request to allow for additional land use options in the Workplace Neighborhood District.
The proposed CA is consistent with the General Plan Policy regarding development in the FVCSP:
Policy LU-2.4 Crossings Specific Plan. Stay engaged with property owners, developers, brokers, and other stakeholders to facilitate development that makes progress toward the vision of the Crossings Specific Plan.
Allowing the sale and display of collectible vehicles with a CUP is consistent with Title 21 and the FVCSP. New and used auto sales are allowed in the C1 zoning district with a CUP throughout the city. Auto sales are also allowed in the FVCSP, Workplace Gateway District with a CUP, where several businesses have been approved for and are engaged in vehicle sales.
2. The proposed amendment would not be detrimental to the public convenience, health, interest, safety or welfare of the city. The proposed amendments set forth a permitting system whereby any negative impacts on health, safety, and welfare are mitigated though ordinance regulations and permit conditions.
The proposed CA would allow amendment would allow for the sale and display of collectible vehicles in the Workplace Neighborhood District of the FVCSP with a
CA 23-07
CUP approved by the Planning Commission. Through the process of reviewing a CUP application, city staff would be responsible for vetting and preparing an application for review before the Planning Commission, and shall propose any conditions of approval necessary to protect the adjacent properties and the city from any negative impacts on health, safety, and welfare.
3. The proposed amendment has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA) and the city’s environmental review procedures.
The CA has been reviewed in compliance with the City’s procedures and considered exempt from CEQA as described in Section 2 above.
4. The proposed amendment is internally consistent with other applicable provisions of Title 21. The proposed Code Amendment ensures consistency between the General Plan and Zoning Map land use designations, and the Fountain Valley Municipal Code.
The proposed CA is consistent with the zoning ordinance – Title 21, which allows new and used auto sales with a CUP approved by the Planning Commission in the city’s commercial and industrial zones, outside of the FVCSP. Therefore, requiring a CUP for vehicle sales in the Workplace Neighborhood District of the FVCSP is consistent with the land use requirements in Title 21, for vehicle sales in the city’s commercial and industrial zones. Vehicle sales are also allowed with a CUP in the Workplace Gateway District of the FVCSP, where there currently are several vehicle sales businesses in operation.
CA 23-07
SECTION 4:
That following sections of the FVCSP are hereby amended to read as follows:
“…
2.1.3 WORKPLACE NEIGHBORHOOD
2.1.3.A Development Standards Chart…..Page 26
“…
Use:
(U2) Live Entertainment and Dancing not permitted except conditional within a hotel
(U3) Large Scale Specialty Goods and Foods Only (see section 2.2.1) (U4) Vehicle Sales – conditional is indoors-only
(U5) Ground floor Health & Exercise Clubs are conditional (U6) Telecommunications facilities are allowed pursuant to the requirements of FVMC Chapter 21.28 Wireless Communications
(U7) Only Health & Exercise Clubs
(U8) Collectible Vehicle Sales Only (see section 2.2.1) …”
2.2 Building Use Regulations…..Page 26
“…
2.2 Building Use Regulations Standards
2.2.1 Use Types
A. Retail
1. Specialty Goods Anchors AC
2. Community Oriented Anchors AC
3. Entertainment Anchors AC
4. Eating & Drinking Establishments AC
5. Specialty Goods & Foods AC
6. Entertainment & Recreation permitted
7. Convenience Uses AC
8. Business Services AC
9. Personal Services AC
10. Service Commercial & Repair conditional
11. Large Scale Commercial Goods ---
12. Vehicle Sales Conditional (U8)
B. Civic & Cultural conditional (C2 or C14)
C. Workplace
CA 23-07
1. Professional Services permitted (C2)
2. Medical Services permitted (C2 or C14)
3. Light Industrial & Telecommunications ---
D. Lodging permitted (C2 or C14)
E. Live Work permitted (C2 or C14)
F. Residential
1. Multi-Family w/ Common Entry permitted (C2 or C14)
2. Multi-Family w/ Individual Entries permitted (C2 or C14)
3. Attached Single Family ---
4. Detached Single Family ---
2.2.2 Special Retail Configurations
1. Activity Core Required
2. Convenience Cluster n/a
3. Drive-through ---
…”
2.2 BUILDING USE REGULATIONS … Page 32
“…
12. Vehicle Sales
Definition: Businesses that sell any kind of motorized vehicle such as those listed Collectible Vehicle Sales: The sale of vehicles that are sold or displayed and that offers more technology, or higher quality materials, or may be built in smaller numbers than more affordable mass market cars; or is recognized by automobile or insurance industry analysts as a collectible/classic/luxury car subject to the review and approval by the Director of Community Development.
Automobile Sales New/used vehicle sales
Motorcycle/powersports sales Collectible Vehicle sales c …”
2.7 PARKING REGULATIONS…Page 50
“…
PARKING REGULATION STANDARDS
15. Collectible Vehicle Sales Area 2 spaces per 1,000 s.f. …”
CA 23-07
SECTION 5
If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the ordinance. The City Council declares that it would have passed this ordinance and each and every section, subsection, sentence, clause or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would subsequently be declared invalid or unconstitutional.
SECTION 6
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 20th DAY OF MAY 2025.
ATTEST:
________________________ ________________________
City Clerk Mayor
APPROVED AS TO FORM
HARPER & BURNS LLP
___________________________
Attorneys for the City
Request for
Planning Commission Action
TO: Planning Commission DATE: March 26, 2025
FROM: Senior Planner, Matt Jenkins
SUBJECT: Code Amendment No. 23-07 – An Amendment to the Land Use Requirements in the Workplace Neighborhood District to allow for Collectible Vehicle Sales in the Fountain Valley Crossings Specific Plan __________________________________________________________________ Project Location: Fountain Valley Crossings Specific Plan (FVCSP) Workplace Neighborhood District
Project Applicant: Bob Bunyan
24008 Skyline
Mission Viejo, CA 92692
Zoning: FVCSP
General Plan: Specific Plan Area
Proposal:
The proposed code amendment (CA), submitted by Bob Bunyan on behalf of the property owner of 18020/18030 Euclid Street, would amend the land use requirements in the Workplace Neighborhood District to allow for the sale and display of collectible vehicles in the FVCSP with a conditional use permit (CUP). The owner of the 18020/18030 Euclid Street property intends to display, sell, and store their high-end classic and collectible vehicles inside the building located at the southeast corner of Talbert Avenue and Euclid Street (Attachment #1).
Code Requirement:
The subject property is located in the Workplace Neighborhood District of the FVCSP and vehicle sales are not permitted in the district. As such, to accommodate the applicant’s request, Section 2.1.3 of the FVCSP must be amended to allow for the sale and display of collectible vehicles. The draft Code Amendment (CA) proposes to allow for the sale and display of collectible vehicles in the Workplace Neighborhood District only with a CUP (Attachment #2). While the CA would apply to the entire District, the applicant has proposed the CA with the intention of locating the vehicle sales business at 18020/18030 Euclid Street.
Planning Commission Action – CA 23-07
March 26, 2025
FVCSP Location:
On January 23, 2018, the Fountain Valley City Council adopted the FVCSP which contains the development regulations for the Crossings Specific Plan area, consisting of the approximate 162-acres of light industrial/commercial uses in the southeastern portion of the City located south of Talbert Avenue, north of Ellis Avenue, east of Ward Street and west of the Santa Ana River (Figure 1). As shown in Figure 1 below, the FVCSP is divided into the Activity Core Target Area, the Workplace Neighborhood District, the Workplace Gateway District, and the Mixed Industry District.
Figure 1
The purpose of the FVCSP is to create a policy and zoning framework that will allow for additional land-use flexibility within the FVCSP area. The FVCSP is intended to guide future development through new policies and development standards that enhance economic development with revenue-generating employment centers supported by compatible residential and commercial growth, while ensuring protection of the community’s quality of life and provision of community benefits.
Discussion:
Bob Bunyan, on behalf of the property owner, Chance Gath, has submitted a request for a code amendment to allow for the sale and display of collectible vehicles in the Workplace Neighborhood District in the FVCSP. While the proposed CA would apply to all properties in the Workplace Neighborhood segment in the FVCSP, the applicant is specifically applying for the CA to allow for the sale and display of vehicles inside the building at 18020 & 18030 Euclid Street, located at the southeast corner of Euclid Street and Talbert Avenue.
Planning Commission Action – CA 23-07
March 26, 2025
The property has been vacant for several years since the Covid pandemic in 2020. The previous long-term tenants were Floor Expo & Design and WFD Interiors. As described in the applicant’s description letter (Attachment #1), the property owner, Chance Gath who is the owner of Chanceco, LLC, intends to lease the building for the business Still Plays With Cars. The owner intends to acquire and store high-value, classic and collectible automobiles in their 16,700 square-foot warehouse building. The project applicant prepared a conceptual floor plan showing one half of the building used for display of vehicles, and the other half storing inventory As described in the description letter, the owner’s business plan is to search out high-value, classic and collectible automobiles and transport them to the Fountain Valley location. The vehicle would then be photographed and listed for sale. Any vehicle service would be completed off-site through a vendor.
Code Amendment 23-07:
The proposed CA has been drafted with the intention of only allowing high-value and truly collectible vehicle sales in the FVCSP with a CUP. Examples of such vehicles are pictured in Attachment #1 provided by the owner. In order to describe the type of vehicles that would be allowed to be displayed and sold on the property, the following definition is proposed to be added to the Workplace Neighborhood District Section 2.2.1.A.12 - Use Types chart (Page 32 of the FVCSP):
12. Vehicle Sales
Definition:
Collectible Vehicle Sales
The sale of vehicles that are sold or displayed and that offers more technology, or higher quality materials, or may be built in smaller numbers than more affordable mass market cars; or is recognized by automobile or insurance industry analysts as a collectible/classic/luxury car subject to the review and approval by the Director of Community Development.
The proposed CA will also make changes to the following sections in the FVCSP:
Section # Section Page Addition
2.1.3.A Development
Standards Chart
2.2.1 Building Use
Regulations
specifying the type of vehicle sales allowed
2.2.1.A.12 Vehicle Sales Page 32 Adding definition of Collectible Vehicle Sales to table
2.7 Parking
Regulations
floor area
Since vehicle sales is currently not permitted in the Workplace Neighborhood District in the FVCSP, there is no parking regulation for vehicle sales. Staff worked with the applicant and determined a parking ratio of two (2) parking spaces per 1,000 square feet of floor area would be an appropriate parking regulation for the proposed vehicle sales and storage use. The idea of the business is to have a select and unique inventory of vehicles, thus naturally limiting the number of potential buyers, therefore the amount of parking needed for the business would be minimal.
Planning Commission Action – CA 23-07
March 26, 2025
Conclusion:
The proposed CA would allow the sale and display of collectible vehicles in the Workplace Neighborhood District in the FVCSP with a CUP. Staff recommends that the Planning Commission conduct the public hearing and approve CA 23-07.
Environmental Clearance:
The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA) and the city’s environmental review procedures. CA 23-07 is not subject to review under CEQA pursuant to CEQA Guidelines Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15061(b)(3) (there is no possibility the activity in question may have a significant effect on the environment). CA 23-07 would allow for the sale and display of collectible vehicles in the Workplace Neighborhood District in the FVCSP with a CUP. A CUP application would be analyzed separately under the CEQA Guidelines.
Alternatives:
1. Adopt Resolution No. 25-04 (Attachment #3) recommending that the City Council approve a notice of exemption in accordance with the California Environmental Quality Act (CEQA) and adopt CA 23-07 to allow for the sale and display of collectible vehicles in the Workplace Neighborhood District in the FVCSP.
2. Continue the request and direct staff to prepare a resolution for denial.
3. Continue this request for additional information.
Recommended Action:
Staff recommends the Planning Commission select Alternative 1: Adopt Resolution No. 25-04, recommending that the City Council approve a Notice of Exemption in accordance with the California Environmental Quality Act (CEQA); adopting Code Amendment No. 23-07 to amend the Fountain Valley Crossings Specific Plan to allow for the sale and display of collectible vehicles in the Workplace Neighborhood District in the FVCSP.
Prepared By: Matt Jenkins, Senior Planner
Reviewed By: Steven Ayers, Principal Planner
Approved By: Omar Dadabhoy, Community Development Director / Deputy City Manager
Attachments: 1. Project Description Letter
2. City Council Ordinance – Code Amendment
3. Planning Commission Resolution No. 25-04
CITY OF FOUNTAIN VALLEY
CITY COUNCIL
COUNCIL ACTION REQUEST
To: Honorable Mayor and Agenda Date: May 20, 2025
Members of the City Council
SUBJECT: Approve the Water Loss Control Shared Services Election Form for FY 25-26 with the Municipal Water District of Orange County in an amount not to exceed $28,771
Three-Year Strategic Goals
☒ Enhance the culture and environment of “A Nice Place to Live” ☐ Achieve fiscal stability by evaluating processes, and attract and retain revenue producing businesses/opportunities
☐ Attract and retain quality staff through best practices and trends ☐ Maintain, build, and modernize infrastructure to support growth and future needs of the City
☐ Not applicable
EXECUTIVE SUMMARY:
Staff is requesting that the City Council approve the Water Loss Control Shared Services Election Form for FY 25-26 with the Municipal Water District of Orange County in an amount not to exceed $28,771. The cost will be expensed to Public Works accounts within the Water Utility Fund.
Based on the common needs of its member agencies, the Municipal Water District of Orange County (MWDOC) Board approved a business plan to provide Water Loss Control Shared Services to assist member agencies in complying with current and future legislation by identifying and taking steps to reduce sources of water loss within their systems. Water Loss Control Shared Services focus on field assessment of distribution system condition and performance to identify water loss. This service from MWDOC minimizes time-consuming administration and provides economy-of-scale cost-benefit to all participating member agencies.
In September 2019, the City of Fountain Valley entered into the Water Loss Control Shared Services Agreement (CON #1194) (Agreement) with MWDOC, in which the City may opt-in and out of shared services annually on an as-needed basis. Heading into year seven of the
FY 25-26 – Water Loss Control Shared Services
May 20, 2025
Agreement, staff has identified water audit validation, meter accuracy testing, and distribution system leak detection as needed services in FY 25-26.
DISCUSSION:
During the California Drought of 2012-2016, the Governor issued Executive Order B-37-16 mandating water conservation throughout California. In response to implementing the Executive Order, the California Department of Water Resources and State Water Resources Control Board drafted the framework for “Making Water Conservation a Way of Life.” This is more than a marketing slogan; it establishes a new foundation for California’s long-term commitment to water conservation, water use efficiency, and drought planning in order to sustain the state’s water supply. This commitment is backed by legislation designed to improve and measure water conservation and drought planning throughout the state to ensure that we have enough water now and in the future.
All water agencies are required to prepare the Urban Water Management Plan (UWMP) every 5 years per the Urban Water Management Planning Act of 1983. Over the years, additional requirements have been incorporated into the UWMP. On September 19, 2014, Senate Bill (SB) 1420 was adopted thus requiring water agencies to audit their distribution system water loss annually and to report the information in their Urban Water Management Plans. The bill also requires water agencies to report the information to the Department of Water Resources (DWR) annually. SB 555, which was adopted on October 9, 2015, established the additional requirement that the annual water loss audit submitted to DWR be validated by a third party, beginning October 2017.
In addition to requiring annual validated water loss reporting, SB 555 will require water agencies to comply with supplier-specific water loss standards established by the State Water Resources Control Board. SB 606 and Assembly Bill (AB) 1668, which were adopted on May 31, 2018, will also require agencies to operate within an annual water supply allocation budget that includes distribution system water loss. In order to comply with these new requirements, water agencies will need to identify and take steps to reduce sources of water loss to ensure that they are making every drop count.
Based on the common needs of member agencies, the MWDOC Board approved a business plan to provide Water Loss Control Shared Services to assist member agencies in complying with current and future legislation. MWDOC’s shared services program provides retail agencies flexible and cost-effective access to field interventions that assess system condition and performance to identify and reduce water loss within their systems. The Water Loss Control Shared Services Agreement had an initial term of five years, and automatically renews for another five years unless either of the parties terminates the agreement. Participating agencies opt in and out of shared services annually on an as-needed basis. Benefits of participating in the Shared Services program include:
Competitive or lower cost services than can be provided by the private sector Quality services on par with or better than those provided by the private sector Economies of scale that can be realized by providing services at a regional level Continued collaboration and shared learning among all agencies
FY 25-26 – Water Loss Control Shared Services
May 20, 2025
Phased implementation of new shared services over time based on need In September 2019, the City of Fountain Valley entered into the Water Loss Control Shared Services Agreement (CON #1194) (Agreement) with MWDOC and elected which services the City wanted to participate in during Year 1. Since then, the City has elected which services the City wants to participate in on an annual basis.
The MWDOC Water Loss Control Shared Services program is now entering its seventh year and is offering the following services to participating agencies in FY 25-26:
Task 1 – Water Audit Validation
Task 2 – Meter Accuracy Testing
Task 3a – Distribution System Leak Detection
Task 3b – Suspected Leak Survey
Task 4 – Distribution System Pressure Survey
Staff recommends that the City participate in MWDOC’s Water Loss Control Shared Services program Task 1 – Water Audit Validation, Task 2 – Meter Accuracy Testing, and Task 3a – Distribution System Leak Detection.
Water audit validation is required by all agencies and will be provided by MWDOC as a core service at no cost to member agencies.
Water meter accuracy testing is an important tool in water loss control. It determines and monitors meter accuracy over time, identifies inaccuracies that may result in volumetric and financial loss, and provides insights into the City’s apparent water loss. With this in mind, staff worked with Water Systems Optimization, Inc. (which is now E Source), through MWDOCs Water Loss Control Technical Assistance program, to design both a small meter testing program and a large meter testing program. Since the City’s AMI water meters are relatively new, the City will be testing 30 random small meters a year to characterize the typical performance of small meters throughout the City. In contrast, the large meter testing program will focus on the individual performance of high volume meters ranging in size from 2 inches to 10 inches. The City will test over 90 large meters a year based on a 6-year schedule that will test approximately 550 meters at least once. High volume/high revenue meters will be tested more frequently based on their calculated optimum test and repair frequency. The meter testing results will be utilized to identify and repair/replace failing meters and perform a component analysis of apparent losses to identify areas of apparent water loss that the City may want to address in order to comply with the new regulatory standards.
Distribution system leak detection is also an important tool in water loss control. In fact, it is so important that the Metropolitan Water District of Southern California is providing a $170 per mile of main incentive for leak detection in FY 25-26. This incentive brings the City’s cost of distribution system leak detection down from $315 per mile to $145 per mile. Using a comprehensive acoustic survey, such as the one provided by MWDOC, to identify unreported leaks in the system allows for the repair of leaks and a better understanding of the distribution system. Identifying and repairing unreported leaks will assist the City in reducing real water loss and complying with the new regulatory standards. Reducing the amount of water loss due
FY 25-26 – Water Loss Control Shared Services
May 20, 2025
to leakage also reduces production costs, including energy costs, by reducing the amount of water that needs to be produced.
In FY 23-24, the City utilized MWDOC’s shared services to conduct a comprehensive acoustic leak detection survey of the City’s 217-mile water distribution system. A total of 78 leaks were detected and repaired by staff or the property owner based on the location of the leak. Since the leaks identified were small in size and relatively few in number, with an average occurrence of only one leak per three miles of pipe, staff is recommending that the City utilize available water conservation funding to participate in Task 3a to survey 45 miles of the distribution system in FY 25-26. This will kick off a program to systematically survey the entire distribution system over the course of 5 years. This will allow the City to identify and repair leaks annually, while regularly assessing the condition of the distribution system to make informed decisions about future water loss control actions.
It should be noted that although compliance with the new water loss standards is not required until 2028, data from 2025, 2026, or 2027 will be used to assess compliance.
FISCAL REVIEW:
The cost of the selected water loss control shared services for FY 25-26 will be expensed to Public Works accounts within the Water Utility Fund. The water audit validation is a core service provided by MWDOC to member agencies at no cost. The water meter testing services will be expensed to the Service Contracts account for Meter M&R (500.50.50574.53010), and the distribution system leak detection services will be expensed to the Water Conservation account for Water Distribution (500.50.50571.53550).
Cost for FY 25-26 – Water Loss Control Shared Services
Account Task Cost
n/a Task 1 – Water Audit Validation $ 0
500.50.50574.53010 Task 2 – Meter Accuracy Testing $ 22,246 500.50.50571.53550 Task 3a – Distribution System Leak Detection $ 6,525 Total $28,771*
*All remaining funds provided to MWDOC for meter accuracy testing for FY 24-25 will be applied to the cost of meter accuracy testing in FY 25-26, thus reducing the total cost. The final rollover amount will be determined at the end of FY 24-25 after all scheduled meter testing is completed.
The proposed FY 25-26 budget allocates $30,000 for meter testing and repair and $100,000 for water conservation efforts. Therefore, there are sufficient funds for the water loss control shared services selected by the City for FY 25-26.
Although the value of the Election Form for FY 25-26 is within the City Manager’s signing authority, this item is presented for City Council approval because of the cumulative value of the Contract that the City entered into in September 2019.
FY 25-26 – Water Loss Control Shared Services
May 20, 2025
PUBLIC NOTIFICATION:
Not applicable.
ENVIRONMENTAL IMPACT REVIEW:
Not applicable.
ATTORNEY REVIEW:
The Attorney for the City has reviewed and approved the Water Loss Control Shared Services Election Form for FY 25-26.
ALTERNATIVES:
Alternative No. 1: Approve the Water Loss Control Shared Services Election Form for FY 25-26 with the Municipal Water District of Orange County in an amount not to exceed $28,771. This is the recommended action, as it will allow the City to submit a validated water loss audit in compliance with SB 555, as well as gain important data regarding meter accuracy and unreported leaks within the distribution system to help the City better understand its water loss profile and comply with water conservation legislation and standards.
Alternative No. 2: Do not approve the Water Loss Control Shared Services Election Form for FY 25-26 with the Municipal Water District of Orange County. This is not the recommended action, as it will make it necessary for the City to procure the needed services
independently, without the benefits provided by MWDOC’s shared services program and their expertise in overseeing these efforts on behalf of their member agencies.
RECOMMENDATION:
Staff recommends that the City Council approve Alternative No. 1, which is to approve the Water Loss Control Shared Services Election Form for FY 25-26 with the Municipal Water District of Orange County in an amount not to exceed $28,771.
Prepared by: Christine Smith, Senior Management Analyst Reviewed by: Mark Sprague, Field Services Manager
Approved by: Scott Smith, Director of Public Works
Fiscal review by: Ryan Smith, Finance Director
FY 25-26 – Water Loss Control Shared Services
May 20, 2025
Approved by: Maggie Le, City Manager
Attachments:
1. WLC Shared Services FY 25-26
4 EXHIBIT A
Water Loss Control Shared Services
Election Form
Fiscal Year 2025-2026
Year 7
Water Loss Control Shared Services
Agency:
Contact Person:
Contact E-mail:
Contact Phone:
Task 1: Water Audit Validation
Water audit validation will be conducted at Level 1, according to the methodology established in Water Research Foundation project 4369: Level 1 Water Audit Validation Guidance Manual.
Water audit validation aims to identify and appropriately correct for inaccuracies in water audit data and application of methodology. Furthermore, validation also evaluates and communicates the uncertainty inherent in water audit data. To accomplish these goals, MWDOC’s validation Shared Service will follow the steps published in the Water Research Foundation Level 1 Water Audit Validation Guidance Manual. The process will include:
• Review the water audit and supporting documentation.
• Review performance indicators for evidence of inaccuracy. • Review audit inputs and data validity grades and confirm correct application of methodology in a Level 1 validation interview. Adjust inputs and data validity grades, if necessary.
• Review performance indicators again for evidence of persisting inaccuracy. • Document results.
MWDOC’s validation Shared Service will also employ the California-specific additional guidance developed by the California Water Loss Technical Assistance Program and subsequently taught in the Water Audit Validator (WAV) certificate course.
Validation results will be documented in a format acceptable to the Department of Water Resources. Templates for this format have been published by the CaliforniaNevada section of the American Water Works Association on their WAV Certification webpage.
Deliverables include:
• Level 1 Validation Summary Notes
• Certified Validation Report (signed by validator)
Yes
No
$
Water Balance Validation is a Core service provided by MWDOC to its member agencies at no cost. MWDOC member agencies are requested to check the box to the left indicating their choice to have MWDOC validate their annual water balance.
The Cities of Anaheim, Fullerton, and Santa Ana may access MWDOC’s Water Audit Validation service for a fee of $990 per validation.
City of Fountain Valley
Christine Smith, Sr. Management Analyst
[email protected]
714-593-4603
X
5 Task 2: Meter Accuracy Testing
Customer meter accuracy testing enables an agency to measure a retail meter’s performance and, consequently, the throughput that the meter fails to register. By measuring a meter’s inaccuracy, an agency can understand financial loss due to meter inaccuracy and can develop a plan to manage the meter performance within their system.
Customer meter tests will be conducted in accordance with the methodology set forth in American Water Works Association manual M6, Water Meters – Selection, Installation, Testing, and Maintenance. The stipulations in manual M6 include:
• Specific low, medium, and high flow rates for each meter type and size • Minimum test volume by flow rate and meter size
• Generally acceptable accuracy limits for new and repaired meters M6 also enumerates test procedures for laboratory tests and field tests that MWDOC staff and/or contractors will be required to follow.
Agencies can choose between two customer meter accuracy testing service providers: McCall’s Meters, Inc. or Westerly Meter Service Company. The Meter Accuracy Testing (MAT) Worksheet, Attachment 2 to this document, summarizes the fees for each meter accuracy testing service provider. Note that the fees are slightly different between providers. As a result, each service provider has its own MAT Worksheet. Agencies will need to:
• Select the meter accuracy testing company of their choice, • Identify the number and sizes of meters to be tested (green data entry cells), and
• Estimate the number of meetings (McCall’s) or hours and mileage (Westerly) for meetings with the selected company.
This worksheet should be used to calculate the total cost for meter accuracy testing services for your agency. The cost estimate calculated in the MAT Worksheet should be entered into the shaded cell immediately below. E Source is available to assist agencies in quantifying the number and sizes and interpret the results of meters to be tested as part of Task 3: Component Analysis of Apparent Losses.
Small meter (5/8 – 2 inch) testing will require agencies to pull the meters from the field and deliver them to the selected meter testing company. Meter testing company locations are provided below. Large meters (3 inch and larger) will be tested in-situ.
McCall’s Meters, Inc. Westerly Meter Company
1498 Mesa View Street 1937 W. Eleventh St. Suite E
Hemet, CA 92543 Upland, CA 91786
(951) 654-3799 (951) 205-3725
Deliverables include:
• Meter accuracy testing results
• Warehousing of test results data
$ 346
$21,900
$22,246
MWDOC Administrative Fee = $346
Input the total dollar amount calculated in the MAT Worksheet.
Task 2 Total
6 Task 3a: Distribution System Leak Detection
Leak detection will be conducted using a comprehensive acoustic survey, meaning that leak detection technicians will sound all accessible appurtenances regardless of spacing distances. The following protocols will be adopted for leak detection:
• Sounding points: Physical contact and sonic leak sound amplification will occur for each hydrant, and customer service connection. Valves may be used as contact points, if necessary.
• Sonic ground listening (hard cover): When normal contact points are not available or cannot be created within a reasonable distance, sonic ground listening devices will be used by making ground contact directly over the pipe at intervals no greater than six (6) feet when ground cover is pavement, concrete, or a similar hard surface. If excessive ambient noise precludes the effectiveness of the ground listening device in an area during daytime hours, then survey will be considered during nighttime hours. Such situations will be pre-approved with retail agency staff before any night surveying is undertaken. • Sonic ground listening (soft cover): When normal ground contact points are not available and ground cover is not a hard surface, probe rods will be used at 10-foot intervals. A sound amplifier will be used on probe rods • Verification: All indications of leaks found during initial survey will be verified a second time, after which the leak will be pinpointed with a computer-based leak sound correlator whenever possible. Pinpointing leak locations through interpretation of sound intensity, whether by ear, decibel metering, or comparable methods, will be used when contact points are available for access with a computer-based leak sound correlator.
MWDOC staff will perform distribution system leak detection at a cost of $315 per mile of distribution main surveyed. Metropolitan will contribute $170 per mile thereby reducing the cost to $145 per mile to member agencies. Deliverables include:
• Distribution System Leak Detection Plan
• Weekly progress reporting and leak verification
• Final Reporting
• Training for measuring leak rates in gallons per minute Please note that in order to be eligible to receive Metropolitan funding, participating agencies must provide leak repair results. All leaks must be investigated, repaired or slated for repair and their status reported to MWDOC within 60 days of the completion of the leak survey. If a participating agency does not report this information to MWDOC within 60 days, the participating agency will have to pay the full cost of the survey at $315 per mile. MWDOC may also perform visual/acoustic verification of repairs as needed to satisfy Metropolitan funding requirements.
Participating agencies must elect a minimum of 30 miles or the full system, whichever is less.
$ Task 3a total =_45___ miles X $145 6,525
7 Task 3b: Suspected Leak Survey
MWDOC staff will perform a suspected leak survey at a cost of $651 per leak investigation. The methodology to detect suspected leaks will employ the same process described in Task 3a. Deliverables include:
• Suspected leak consultation
• Field leak investigation
• Written report and pinpointed leak location
Please note that pricing may vary if the suspected leak survey area extends beyond one city block. For assistance in determining suspected leak survey costs for your needs, please contact Rachel Davis at the number or e-mail address below.
Municipal Water District of Orange County
Rachel Davis
Water Loss Control Programs Supervisor
(714) 593-5308
[email protected]
Please see Attachment 1 for more details.
$ Task 3b Total = number of suspected leaks X $651
Task 4: Distribution System Pressure Survey
The methodology used for pressure surveying depends on the survey goal of: 1) Average zonal and system pressure survey, or 2) Pressure transient survey using high frequency logger. Methodology must be agreed upon with each agency before surveying begins. The methodology to be determined includes:
• Logger settings (e.g. sampling and recording frequencies) • Logger deployment locations
• Logger deployment durations
• Analysis of data after logger retrieval
1) Average Zonal and System Pressure Survey
Pressure loggers can be deployed to evaluate the range of pressures in a system or zone, which can then be used to estimate average system or zonal pressure.
Loggers should be placed strategically, capturing the highs and lows of each pressure zone in the system. The specific survey methodology must be customized to the specific infrastructure being studied.
2) Pressure Transient Survey
A pressure transient survey identifies instantaneous, damaging swings in pressure introduced by infrastructure malfunction, sudden and significant changes in demand, or rapid hydrant operation. Pressure transients move quickly and can only be identified with a high sampling frequency. At minimum, loggers should be deployed immediately upstream and downstream of pressure regulating infrastructure suspected of transient production.
The resulting data analysis will include:
• Transient identification using a relative or absolute amplitude threshold o Absolute: transient amplitude
o Relative: ratio of transient amplitude to average location pressure • Temporal transient alignment to study the direction and speed of transient propagation
MWDOC staff will perform a distribution system pressure survey at a cost of $3,959 per 8-logger survey.
8 $ Task 4 Total = number of 8 logger surveys X $3,959.
9 Fiscal Year 25-26
Year 7
Summary of Shared Services Elections:
(transfer total for each Shared Service above to this summary table) Task 1: Water Audit Validation Yes
No
$ (3-Cities only)
Task 2: Meter Accuracy Testing
Total Elected Amount
Less Rollover Funds to be Applied
*Indicate task #(s) to move $ from
$
$
Task 3a: Distribution System Leak Detection
Total Elected Amount
Less Rollover Funds to be Applied
*Indicate task #(s) to move $ from
$
$
Task 3b: Suspected Leak Survey
Total Elected Amount
Less Rollover Funds to be Applied
*Indicate task #(s) to move $ from
$
$
Task 4: Distribution System Pressure Survey
Total Elected Amount
Less Rollover Funds to be Applied
*Indicate task #(s) to move $ from
$
$
Total Elected Amount: $
Less Total Rollover Funds to be Applied: $
Total Amount to be Invoiced: $
Check One;
Invoice Upon Receipt
X Invoice July 1, 2025
By: By:
Date: Date:
Harvey De La Torre,
General Manager
Name:
Title:
Municipal Water District of Orange County Agency:
X
22,246
Task #2
TBD end of FY 24-25
Ted Bui
Mayor
City of Fountain Valley
Approved as to form:____________________
Harper & Burns LLP, Attorneys for the City
Approved as to content:__________________
Scott Smith, Director of Public Works
6,525
28,771
TBD end of FY 24-25
not to exceed $28,771
10 Attachment 1
Water Loss Control Shared Services
Suspected Leak Survey
Background:
MWDOC’s Suspected Leak Survey Shared Services has evolved into two distinct elections based on the varying needs of member agencies. The first election is a Known Area Suspected Leak Survey of an isolated geographic area and requires a simple and limited investigation. The “Known Area” leak survey is billed at a flat rate as defined in Task A below. The second election is an Unknown Area Suspected Leak Survey of a broader geographic area and requires significantly more investigation and time to complete than a “Known Area” survey. The “Unknown Area” leak survey is billed based on actual time spent planning, executing, and reporting the investigation.
MWDOC staff will evaluate each suspected leak investigation request and inform the requesting agency if the investigation will fall under Task A or Task B as described below. In advance of initiating the “Unknown Area” leak survey, MWDOC staff will provide the requesting agency an estimated, not to exceed cost for the investigation.
Task A: Known Area Suspected Leak Survey
MWDOC staff will perform a suspected leak survey at a cost of $651 per leak investigation. Leak investigation area shall not exceed one standard city block.
MWDOC will listen to all meters and hydrants within the survey area by using SubSurface Model LD-18 Digital Water Leak Detectors. ZCorr Digital Correlating loggers will be placed on valves and other appurtenances as needed to perform leak correlations. These loggers are more sensitive than the human ear, accurately registering and locating leaks by tuning into the leak’s digital sound signature. Other techniques such as visual inspection and chlorine residual testing may be used if applicable.
Deliverables include:
• Suspected leak consultation
• Field leak investigation
• Written report documenting findings and leak location if found $ A Total = number of suspected leaks X $651
Task B: Unknown Area Suspected Leak Survey
MWDOC staff will perform a suspected leak survey at its cost including time and materials. Leak investigation area may expand beyond a city block and may change during the course of the investigation. MWDOC will listen to meters and hydrants within the survey area using SubSurface Model LD-18 Digital Water Leak Detectors.
ZCorr Digital Correlating loggers will be placed on valves and other appurtenances as needed to perform leak correlations. These loggers are more sensitive than the human ear, accurately registering and locating leaks by tuning into the leak’s digital sound signature. Other techniques such as visual inspection and chlorine residual testing may be used if applicable.
Deliverables include:
• Suspected leak consultation
• Field leak investigation
• Written report documenting findings and leak location, if found Note that the value below is an estimated, not to exceed cost. Because the exact location of the leak is not known and may evolve during the survey, the estimated cost is also subject to change.
11 $ Task B Estimated Total based on Time and Materials = $
13 Meter Accuracy Testing (MAT) Worksheet
Westerly Meter Service Company
Rate Quantity Total
Small Meter Testing
5/8 - 1 in. $30.00 $ 900
1 1/2 in. and up $70.00 $
3 in. Turbine N/A $
Large Meter Testing
3 in and up. $200 $21,000
Ratesfor Pickup or Delivery of
Meters No Charge (1)
Ratesfor attending meetings $150/hr. + mileage $
Total: $21,900
(1) No charge for orders transport of over 50 meters. Transport of less than 50 is based on time and mileage Participating Agency:
Contact Person:
Phone & Email:
City of Fountain Valley
Joseph Macias
714-593-4625 [email protected]
30 105
CITY OF FOUNTAIN VALLEY
CITY COUNCIL
COUNCIL ACTION REQUEST
To: Honorable Mayor and Agenda Date: May 20, 2025
Members of the City Council
SUBJECT: Authorize the City Manager to Issue and Execute a Contract(s)/Purchase Order(s) to Complete the Emergency Metropolitan Water District (MWD) Connection Water Main Break Repair Work in a Total Amount Not-to-Exceed $600,000.00.
Three-Year Strategic Goals
☐ Enhance the culture and environment of “A Nice Place to Live” ☐ Achieve fiscal stability by evaluating processes, and attract and retain revenue producing businesses/opportunities
☐ Attract and retain quality staff through best practices and trends ☐ Maintain, build, and modernize infrastructure to support growth and future needs of the City
☒ Not applicable
EXECUTIVE SUMMARY:
The City owns and operates approximately 5-miles of 16-inch steel, high pressure water main that runs outside of city boundaries through the City of Westminster and Garden Grove and terminates at the Metropolitan Water District (MWD) branch on Katella bordering the City of Anaheim. In the late hours of December 4th, City staff was contacted about a major failure on that line. Staff determined to hire a repair contractor on an emergency basis per Section
2.36.030(b) of the Fountain Valley Municipal Code, which allows the City Manager to obtain repair work in the event of an emergency. The water main break was deemed an emergency for several reasons: The proximity of the leak up against a flood control channel wall, the depth the water main at the point of the leak, the danger of trench wall collapse, and the pipe material being steel without a certified welder on staff.
Pursuant to Section 2.36.030 (b) and per the City Council Policy – City Manager to Order Emergency Work Without Bidding, the Public Works Director notified the City Manager and City Council of the emergency via email on December 5th. Following notification, the City Manager authorized the immediate expenditure of funds, by virtue of a Purchase Order not-toexceed $50,000 to evaluate and perform the necessary repairs, effectively declaring the MWD water main break an emergency.
Emergency MWD Connection Water Line and Roadway Repair
May 20, 2025
Staff is requesting that City Council authorize the City Manager to issue and execute a contract(s)/Purchase Order(s) to complete the emergency MWD connection water main break repair work in a total amount not-to-exceed $600,000.00. This item is also a report on the current status of the emergency repairs for MWD water main.
DISCUSSION:
At approximately 11:30 PM on December 4th, 2024, City standby staff was called out to investigate a water main break outside of city limits. Police dispatch relayed information about water flooding Magnolia Street between Hard Ave and Westminster Blvd. Staff recognized the location as a street containing critical City infrastructure and responded immediately. Upon arrival, city staff confirmed our Metropolitan Water District imported water connection as the source of the break. The force of the water had already lifted the asphalt completely across Magnolia Street, lifted the sidewalk on the West side of the street and was blowing out of all the valve cans and creating cracks in the street. Staff called for assistance and began to isolate the break. Once the break was isolated, staff began to assess the damages and look for potential repair options. The Water Supervisor was notified and responded to the site at approximately 2:00 AM. Upon investigation, the leak was pinpointed to a siphon where the water main crosses the flood control channel. A slight sinkhole had begun to form at this time.
City staff began securing the site from public traffic and maintained a safe line of traffic until additional staff could respond for assistance. Shortly, after this began City staff was contacted by Jake Ngo, Public Works Director for the City of Westminster. Joe Macias and Jake Ngo established a verbal agreement to secure the site for the duration of the repair and agreed that one lane of traffic in each direction would remain open throughout the repair. Mudflow and debris scoured the neighborhoods both on the East and West side of Magnolia Street. Fountain Valley Utilities Division responded with a swift and coordinated cleanup effort beginning in the neighborhood East of Magnolia and worked their way into the other neighborhood West of Magnolia. This cleanup effort alone would take several days.
Pursuant to Section 2.36.030 (b) of the Fountain Valley Municipal Code and per the City Council Policy – City Manager to Order Emergency Work Without Bidding, the Public Works Director notified the City Manager and City Council of the emergency via email on December 5 th. Following notification, the City Manager authorized the immediate expenditure of funds, by virtue of a Purchase Order not-to-exceed $50,000 (P.O. 250206) to evaluate and perform the necessary repairs, effectively declaring the MWD water main break an emergency. It should be noted that staff also published a newsflash to the City website to notify the community.
In the morning of December 5th a clearly visible, yet small sinkhole had opened near the blow off valve on our water main and a contractor, T.E. Roberts, was contacted to assist in the repair. K-rail was delivered and placed around the excavation site. A traffic control company was subcontracted by T.E. Roberts to install all necessary traffic control devices to ensure traffic flowed as agreed upon. Additionally, construction fencing was placed around the excavation site to ensure pedestrian safety.
Later on December 5th, the actual excavation would begin to locate the water main. At this point, the roadway had begun to collapse, exposing an approximate 10-foot by 10-foot sinkhole. T.E. Roberts staff would work tirelessly in conjunction with City staff to excavate and
Emergency MWD Connection Water Line and Roadway Repair
May 20, 2025
locate the source of the water main break. As the sun set, staff had to secure the site for the night without locating the break. The sinkhole had grown to approximately 10 feet by 20 feet.
December 6th the water main was located, and the leak was identified as a failed weld on a 90-degree bend attached to a welded nozzle for a blow off assembly. An internal discussion between Mark Sprague (Field Services Manager) and Joe Macias (Water Supervisor) determined the appropriate repair would include the abandonment of the existing blow off assembly and removal of the existing 6-inch water valve. T.E. Roberts staff also made this recommendation for this repair. By that evening, the utility repair had been completed and inspected, the line was recharged and checked for leaks. City staff supplied the parts and material to make the final repair. Our contractors worked in conjunction with City staff to begin the backfill process. The hole was backfilled with sand supplied by the city.
At the request of SoCal gas and the City of Westminster staff, the hole was left only partially backfilled to just below the 3-inch gas main that was also located within the limits of our excavation. This would allow time for SoCal Gas staff to repair a very minute and unrelated gas leak. On December 7-8th SoCal gas staff utilized our excavation to locate and repair their leak.
December 9th staff returned to properly jet and compact the sand. Additionally, as specified by Mr. Jake Ngo, approximately 30 inches of 1 and ½ sack slurry was poured to 2 inches below the existing asphalt. Staff allowed the slurry to adequately cure overnight. On December 10th the excavation site was temporarily base paved, and all traffic control was removed to allow access to the street.
City of Westminster and Fountain Valley engineering staff are working diligently to determine the final terms of roadway repair, concrete sidewalk, and curb and gutter removal and replacement limits to complete the emergency repair work and return the facilities to preemergency condition. These remaining items will still need to be negotiated and determined by survey and geotechnical analysis.
FISCAL REVIEW:
The preliminary cost estimate for the MWD water main break repair and pavement restoration is $600,000, to be funded by the Water Fund Budget; however, staff will return for council approval should the cost for repairs exceed $600,000 due to the uncertainty inherent in construction work. Following completion of the work for the MWD water main break, final costs will be reported to the Council. City staff will be recommending the City Council amend the FY 2024/25 Water Fund Budget to include the actual cost of repairs.
PUBLIC NOTIFICATION:
Not applicable.
ENVIRONMENTAL IMPACT REVIEW:
Not applicable.
Emergency MWD Connection Water Line and Roadway Repair
May 20, 2025
ATTORNEY REVIEW:
The Attorney(s) for the City has reviewed and concurs with the Staff Report.
ALTERNATIVES:
Alternative No. 1: Authorize the City Manager to issue and execute a contract(s)/Purchase Order(s) to complete the emergency Metropolitan Water District (MWD) connection water main break repair work in a total amount not-to-exceed $600,000.00.
Alternative No. 2: Do not authorize the City Manager to issue a Purchase Order(s). This is not recommended as emergency repair services are necessary to complete the repair.
RECOMMENDATION:
It is recommended that City Council authorize the City Manager to issue and execute a contract(s)/Purchase Order(s) to complete the emergency Metropolitan Water District (MWD) connection water main break repair work in a total amount not-to-exceed $600,000.00.
Staff is requesting City Council Receive and File this Status Report.
Prepared by: Joe Macias, Water Distribution Supervisor
Reviewed by: Mark Sprague, Field Services Manager
Reviewed by: Temo Galvez, P.E., Deputy Public Works Director/City Engineer Fiscal review by: Ryan Smith, Finance Director
Legal review by: Colin Burns, Attorney for the City
Approved by: Scott Smith, P.E., Public Works Director
Approved by: Maggie Le, City Manager
Attachment 1: Email Notification to the City Manager and City Council Attachment 2: Purchase Order 250206
Attachment 3: Photo Documentation
From: Scott Smith
To: Maggie Le
Cc: Directors; Colin Burns ([email protected]); Meghan Wishner Subject: Emergency Water Line Repair
Date: Thursday, December 5, 2024 4:19:08 PM
Attachments: Video.mov
Video_1.mov
image0.jpeg
image1.jpeg
image2.jpeg
image3.jpeg
image002.png
Importance: High
City Manager and Councilmembers,
There was a high-pressure waterline leak that occurred late last night. Since this waterline is highpressure, the leak caused a significant amount of damage within the public right-of-way, see attached photos, videos, following email string. Starting early this morning, City staff have been aggressively working to resolve this matter. The following is key information:
Traffic control (with changeable message sign trailers) has been put in place to isolate and secure the damaged areas.
Emergency repair activities are scheduled to commence tomorrow (Friday, December 6).
The total time to complete the repairs is presently unknown.
Communications with the City of Westminster, Orange County Public Works, the Gas Company, the City of Garden Grove, Midway Sanitary District, the Orange County Sanitation District, and OCTA has been occurring throughout the day to assess damages and coordinate repairs to their infrastructure, as needed.
The emergency repairs will follow the City’s Purchasing Manual requirements and be paid for by the Water Fund.
Staff is in the process of preparing information to post as a News Flash on the City’s webpage.
Staff will provide more information as it becomes available.
Please do not hesitate to contact me if you have any questions concerning this matter. My cell phone number is (714) 415-8727.
I am presently out of the office at a League of California Cities event. However, Mark Sprague (714- 593-4609), Temo Galvez (714-593-4517), and Public Works staff are on top of this item and doing a great job.
Thank you,
From: Temo.Galvez <[email protected]>
Sent: Thursday, December 5, 2024 3:42 PM
To: Scott Smith <[email protected]>
Cc: Mark Sprague <[email protected]>; Joseph Macias <[email protected]>; Kyle Hilton <[email protected]>; Kyle Knoke <[email protected]>
Subject: FW: Magnolia emergency work
Scott,
As a follow up to our discussion early this morning and in the afternoon, regarding the City’s Metropolitan Water District (MWD) Connection Waterline Break, Field Services staff has provided a detailed description of the series of events to date (Please see below).
In the early hours of Thursday Morning on December 5, 2024, City of Fountain Valley Public Works Crews were made aware of a waterline break related to the City of Fountain Valley MWD Connection on Magnolia Street between Hazard and Westminster Blvd in the City of Westminster.
The site has been temporarily secured including the isolation of the MWD waterline and the implementation of traffic control. Impacts are currently being assessed where Public Works and Finance staff have secured a contractor to begin the expeditious restoration of the waterline and associated infrastructure including the road, curb, gutter, sidewalks and associated utilities in the vicinity.
It should be noted that the current impact to the Fountain Valley MWD Waterline Connection does not currently affect the City’s ability to distribute water to the residents of Fountain Valley. City staff will continue to work with all impacted agencies and their respective staff including the City of Westminster, Orange County Public Works, the Gas Company, the City of Garden Grove, Midway Sanitary District, the Orange County Sanitation District and OCTA to ensure the restoration of the impacted facilities are completed properly and in an expeditious manner.
More information will be forthcoming as details develop.
Thanks,
Temo Galvez, P.E.
Deputy Public Works Director / City Engineer
CITY OF FOUNTAIN VALLEY
10200 Slater Avenue
Fountain Valley, CA 92708
Direct: 714.593.4517
Office: 714.593.4433
www.fountainvalley.ca.gov
From: Mark Sprague <[email protected]>
Sent: Thursday, December 5, 2024 2:07 PM
To: Temo.Galvez <[email protected]>
Cc: Scott Smith <[email protected]>; Joseph Macias <[email protected]>
Subject: FW: Magnolia emergency work
FYI – see description below and attached pictures.
From: Joseph Macias <[email protected]>
Sent: Thursday, December 5, 2024 12:41 PM
To: Mark Sprague <[email protected]>
Subject: Magnolia emergency work
Mark,
At approximately midnight 12/5/2024, FV Water Standby received a call from City of Westminster Water Department. Westminster staff determined a leak was a City of Fountain Valley MWD water main on Magnolia street between Hazard and Westminster Blvd. Upon arrival, standby staff turned the water off to determine the extent of the damaged caused by the broken high pressure water main. Damage was extensive. A massive sinkhole was identified. The extent of the damages to the
street, at a minimum, expand from gutter to gutter across six lanes of traffic and a center painted median and from 40- 100 feet in length. The extent of the roadway damages cannot be truly identified until excavation and utility repairs have been completed along with pot holing and soil sampling . There were visual damages done to the sidewalk on the west side of magnolia that will need to be removed and replaced. In addition to roadway damages, there are several utilities which may have been damaged as a result of the main break. OCSD sanitary sewer, Midway City sanitary sewer, OC Public Works Flood Control, SoCal Gas, and City of Westminster Water utilities all need to be accessed for possible damages as they are all within the limits of construction. According to our SCADA system trends, we were able to pinpoint the time the leak started to the leak stopped. The leak started at 10:05PM, staff was called around midnight, the leak was isolated by 1 AM. The operating pressure in the 16” steel pipe is approximately 237 PSI. A contractor was brought in on emergency to provide traffic control, utility repair, roadway rehabilitation and sidewalk repair.
Traffic control will be done to Jake Ngo’s, (Westminster Public Works Director’s) specification. Mr.
Ngo wanted two lanes of traffic to remain open. One North bound and one South bound on the East side of the street. The closure will also effect City of Garden Grove, encroachment permits are required for work in both Westminster and for traffic control extending into Garden Grove. The entire site will be protected by K rail per the request of Mr. Ngo as well.
Permanent traffic control will be set up today and construction is expected to start tomorrow morning. Because of the storm drain channel going under Magnolia the water line siphons under it here and main potentially be 15’ deep depending on where the exact leak is.
Thanks.
Joe Macias Water Distribution Supervisor City of Fountain Valley Utilities Division 17300 Mount Herrmann St. Fountain Valley, CA 92708 [email protected]
p: (714) 593-4625
Vendor
Bill To
Fiscal Year
Department
Purchase Order Date
Purchase Order Number
Ship To
VENDOR PHONE NUMBER VENDOR EMAIL VENDOR NUMBER REQUISITION NUMBER BUYER NAME DELIVERY REFERENCE NOTES
ITEM # DESCRIPTION QUANTITY UOM UNIT PRICE EXTENDED PRICE GL #:
Project # :
Approver Name: Approval Date:
DUPLICATE COPY
100752
T.E. ROBERTS, INC
306 W. KATELLA AVE
UNIT B
ORANGE, CA 92867
10200 SLATER AVENUE
FOUNTAIN VALLEY CITY HALL
10200 SLATER AVENUE
FOUNTAIN VALLEY, CA 92708
CTYHLL
00250206
PW - CY - WATER PRODUCTION
12/09/2024
PLEASE INCLUDE PO NUMBER ON ALL INVOICES,
PACKAGES AND SHIPPING PAPERS.
2025 Page 1 of 1
17300 MOUNT HERRMANN STREET
FOUNTAIN VALLEY CITY YARD
FOUNTAIN VALLEY, CA 92708
CTYYRD
714-669-0072 100752 20250297 JOSEPH MACIAS
EMERGENCY PO TO START WORK ON STREET:WATER LINE
The Above Purchase Order Number Must Appear On All Correspondence - Packing Sheets And Bills Of Lading EMERGENCY PO TO START WORK ON MAGNOLIA BETWEEN HAZARD AND 1.0000 EACH $50,000.0000 $50,000.00 WESTMINSTER (CITY OF WESTMINSTER).
WATER LINE BREAK ON 12/4/2024
1 500.50.95001.56002 $50,000.00
E-25016 .00 .56002
Purchasing Officer Finance Director Purchase Order Total Total Ext. Price $50,000.00
$50,000.00
THIS ORDER SUBJECT TO THE TERMS & CONDITIONS ON THE REVERSE SIDE. ALL GOODS & SERVICES MUST BE AS SPECIFIED. DO NOT SUBSTITUTE.
AMANDA MCCALL 12/09/2024
TERMS AND CONDITIONS
1. There is no acknowledgement copy of this purchase order. Any discrepancies in price, items or delivery, must be phoned to Buyer’s purchasing department within 48 hours of your receipt of this purchasing order. Any correspondence referring to the items, prices and conditions of this order must be directed to Buyer’s purchasing agent, inquiries relative to payment of invoices should be directed to Buyer’s accounts payable.
2. Buyer furnished or paid for items: All artwork, specifications, tools, equipment and other items furnished to Seller, or paid for by Buyer shall (A) remain Buyer’s property or upon acquisition by Seller shall become Buyer’s property; (B) Be safely kept by Seller in good and usable order; (C) Be promptly returned to Buyer.
3. Seller is performing as an independent contractor and, thus, shall hold the Buyer, its officers, agents, and employees, harmless from liability of any nature or kind, on account of used invention articles, process for work on labor performed under this purchase order.
4. Insurance: Seller shall maintain insurance acceptable to Buyer in full force and effect at the Seller’s expense throughout the term of this contract.
5. Freight: Excessive charges from incorrect description or from routing other than given will be charged to Seller’s account.
Packing list must accompany each case or parcel, showing Buyer’s order number. No charges for transportation containers, or any other purpose, will be allowed unless so specified in this order. Freight changes allowable pursuant to the terms FOB point or origin or FOB destination plus freight shall be prepaid by the Seller and must be itemized on the invoice, and a copy of the paid express or freight bill shall be attached to the invoice. COD shipments will not be accepted.
6. Rejections: If any of the goods are found at any time to be defective in material or workmanship, or otherwise not in conformity with the requirements of the order, Buyer, in addition to any other rights which it may have under warranties or otherwise, shall have the right to reject and return such goods at Seller’s expense, such goods not to be replaced without written authorization from Buyer’s purchasing agent. Where quality is questioned on any delivery, any cost of inspection will be against the account of the Seller.
7. Responsibility for supplies: Seller shall bear the risk of loss or damage to the articles covered by this order until delivery of said supplies at the location designated by Buyer or at such other place as may be designated herein regardless of FOB point or the point of inspection. Seller shall also bear the risk of loss or damage to supplies after Buyer gives Seller notice of rejection.
8. Changes: Buyer may, by written order or at any time prior to final delivery, and without notice to sureties, make changes to the general scope of this order in any of the following: Applicable drawings, designs, or specifications, method of shipment or packing, and place or time of delivery. To the extent such change causes an increase or decrease in the cost of, or time required for, the performance of this order, an appropriate equitable adjustment in this order shall be made. Any claim by Seller for adjustment must be asserted in writing within fifteen (15) days of receipt of the change request. Failure to agree to an adjustment shall not excuse the Seller from proceeding with this order as changed.
9. Buyer shall have the right to cancel at any time for Seller’s breach of any provisions of this order, including failure to meet the stated delivery schedule. All or any portion of this order may be cancelled by Buyer if Seller, in Buyer’s judgment, is failing to make sufficient progress so as to endanger performance of this order in accordance with its terms. Buyer reserves the right to terminate the contract without penalty without cause if ten (10) days notice is given or immediately with cause.
10. If Seller breaches this agreement and fails to deliver the goods, services or materials provided herein within the time above set forth or by failing to make sufficient progress so as to endanger performance of this order, then Buyer may terminate this contract and purchase the goods, services or materials from whatever source and Seller shall be liable to Buyer for the difference in price which Buyer is obligated to pay plus all of its costs and expenses in enforcing its rights hereunder. Further, Buyer may offset any such costs or expenses incurred against any of the monies that may be owing to the Seller.
11. Anti-Discrimination Claim: It is the policy of the Buyer that in connection with all work performed under public works, and purchasing contracts, there be no unlawful discrimination against any prospective or active employee engaged in the work because of race, color, sex, ancestry, national origin, or religious creed, and therefore, the Seller agrees to comply with applicable federal and California laws including, but not limited to the California Fair Employment and Housing Act beginning with Government Code section 12900. In addition, the Seller agrees to require like compliance by all sub-contractors employed.
12. Any controversy or claim arising out of or relating to this purchase order or the breach thereof, shall be settled by arbitration at election of either party in accordance with the rules of the American Arbitration Association and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
13. Buyer’s purchase order number must appear on all packages, invoices, and correspondence.
14. Deliveries for all departments must be made as directed. Non-payment may result from merchandise delivered in any other manner. Cash terms shall be predicated on the delivery date of the material as specified or from date correct invoices are received in Buyer’s accounts payable office, if the later date is later than the date of delivery.
15. Seller agrees to furnish Buyer with two-shop maintenance and two operational manuals (which will include writing schematics, part diagrams, alignment date, and parts list) on all purchases of equipment.
16. Warranty: Unless otherwise specified, warranty on quoted equipment shall be five (5) years defective parts and/or workmanship.
17. Seller agrees to make available special replacement parts required to maintain the purchase equipment unless otherwise stipulated at the time of equipment order.
18. Seller guarantees and agrees to indemnify, defend and hold harmless the Buyer against any or all loss, liability, damages, demands, claims or costs arising out of defective material and products. This guarantee is in addition to and not intended as a limitation on any other warranty, express or implied.
19. No assignment by the Seller of the purchase order or any part hereof, or of funds to be received hereunder will be recognized by the Buyer unless such assignment has had prior written approval and consent of the Buyer.
CITY OF FOUNTAIN VALLEY
CITY COUNCIL
COUNCIL ACTION REQUEST
To: Honorable Mayor and Agenda Date: May 20, 2025
Members of the City Council
SUBJECT: Report from the Measure HH Advisory Oversight Committee on FY2023-24 Audited Measure HH Revenues and Expenditures
EXECUTIVE SUMMARY:
On November 8, 2016 the residents of the City of Fountain Valley approved Measure HH – a one-cent transactions and use (i.e. “sales”) tax. Pursuant to the ballot measure, a citizen advisory committee was formed to review the expenditure of Measure HH revenues in relation to the City’s Responsible Spending Pledge.
DISCUSSION:
The Responsible Spending Pledge sets forth the City’s fiscal policy on the use of Measure HH, which states that the majority of this money should be used to maintain:
Essential City services including public safety / 911 emergency response; Keep Fire Station 2 open and maintain firefighter / paramedics; Police Station and Police officers; restore anti-gang / drug programs; Senior and youth programs;
Streets / sidewalks / roadways and repair storm water systems Parks and play equipment; and
Provide other essential City services
The pledge also states that when additional revenue gains are realized, the City should seek opportunities to:
Pay off, pay down, consolidate or refinance the City’s outstanding debt; Pay down unfunded liabilities; and
Rebuild and maintain the City’s established reserves levels.
At the April 24, 2025 Measure HH Oversight Committee meeting, the City’s Finance Director, Ryan Smith, presented the audit report of Measure HH Revenues and Expenditures for fiscal year 2023-24 (Attachment 2). The 2023-24 auditor’s report reflected approximately $17.15 million of revenue from Measure HH. In accordance with the Responsible Spending Pledge, $13 million of Measure HH funds were used to fund essential city services such as paying down unfunded liabilities, city debt, and partially funding a residential road rehabilitation project. In addition, $365,000 was used to fund capital maintenance projects including a setPage 112 Report on 2023-24 Measure HH Revenues and Expenditures
May 20, 2025
aside for future Fire Department apparatus purchases. A payment of $3 million was made to CalPERS consistent with the City’s 20-Year Financial Plan where the goal is to pay-off all outstanding debt and pay-down unfunded liabilities by 2037, when Measure HH sunsets. The balance of Measure HH revenue in the amount of $3.7 million was transferred to the Measure HH Reserve. Additionally, $3.2 million of previously set-aside Measure HH reserves were used towards identified projects, including the Police Department Locker Room project and the Fire Station No.1 Project. The Measure HH Oversight Committee also reviewed the City’s 20-Year Financial Plan, which guides fiscal policy and encompasses the long-term operating and capital needs of the General Fund.
On May 8, 2025, the Measure HH Oversight Committee met, discussed, and prepared a report to City Council regarding the FY 2023-24 audited Measure HH revenues and expenditures.
Oversight Committee chair, Randy Takayama, will present the letter and discuss the results of the Oversight Committee’s report (Attachment 1) to City Council at the meeting on May 20, 2025.
ALTERNATIVES:
Alternative No.1: Receive and File the Report from the Measure HH Advisory Oversight Committee on FY2023-24 Audited Measure HH Revenues and Expenditures.
Alternative No. 2:
Do not approve Alternative No. 1.
RECOMMENDATION:
Staff recommends Alternative No. 1.
Prepared by: Ryan Smith, Finance Director/City Treasurer Reviewed by: Colin Burns, City Attorney
Approved by: Maggie Le, City Manager
Attachment 1: Report from the Measure HH Advisory Oversight Committee on FY2023-24 Audited Measure HH Revenues and Expenditures
Attachment 2: FY 2023-24 Measure HH Audit Report
10200 Slater Avenue
Fountain Valley, CA 92708
Phone: (714) 593-4412
Fax: 714-593-4494
www.FountainValley.gov
May 8, 2025
TO THE HONORABLE CITY COUNCIL:
One of the provisions of Measure HH was the creation of an Oversight Committee to review and make recommendations to the City Council to ensure that revenues from the tax are utilized in accordance with the City’s Responsible Spending Pledge.
The Committee received the report from the auditor on April 24, 2025, and support the conclusion that all Measure HH funds are being used consistent with the legal requirements placed on Measure HH funds.
We are happy to say, that we also believe that the City has gone beyond the legal requirements to ensure reporting that tracks Measure HH income, especially that portion of annual revenue that is carried over in reserves.
As we mentioned in our last correspondence, there have been important changes to the way Measure HH reserves are identified in the budget and there are clear and transparent ways to track the Measure HH loan for the new Fire Station.
As of this spring, we also have a new report card. We want to thank Ryan Smith and his team for their important work on this document. They listened to feedback from our committee for over a year and produced a document that, we believe, clearly communicates how Measure HH funds are being spent to pay down debt and cover annual essential service expenses that the general fund could not cover on an annual basis.
We want to thank City Council, City Manager, Maggie Le, City Treasurer Ryan Smith and his entire Finance team. The Committee looks forward to continued collaboration.
Respectfully submitted,
Randy Takayama, Chair
January 2021 – Present
CITY OF FOUNTAIN VALLEY --MEASURE HH ADVISORY OVERSIGHT COMMITTEE Matt Taylor
April 2017 – Present
Stephen Schwarz,
February 2021 – Present
Jeffrey Stone
February 2022 –
Present
Feeman Dogar
February 2025-Present
CITY OF FOUNTAIN VALLEY
Schedule of Measure HH Revenues and Expenditures
With Independent Accountant’s Report Thereon
For the Year Ended June 30, 2024
Tel. 909-889-0871 | www.ramscpa.net | 735 E. Carnegie Dr. Suite 100, San Bernardino, CA 92408
CERTIFIED PUBLIC ACCOUNTANTS
-1-
Independent Accountant’s Report
To the Honorable City Council
City of Fountain Valley
We have examined management of the City of Fountain Valley’s (the City) assertion that the City complied with Measure HH included in the accompanying Schedule of Measure HH Revenues and Expenditures (schedule) during the fiscal year ended June 30, 2024. The City’s management is responsible for its assertion. Our responsibility is to express an opinion on management’s assertion about the City’s compliance with the specified requirements based on our examination.
Our examination was conducted in accordance with attestation standards established by the American Institute of Certified Public Accountants and the standards applicable to attestation engagements contained in Government Auditing Standards, issued by the Comptroller General of the United States. Those standards require that we plan and perform the examination to obtain reasonable assurance about whether the City complied, in all material respects, with the specified requirements referenced above. An examination involves performing procedures to obtain evidence about whether the City complied with the specified requirements. The nature, timing, and extent of the procedures selected depend on our judgment, including an assessment of the risks of material noncompliance, whether due to fraud or error. We believe that the evidence we obtained is sufficient and appropriate to provide a reasonable basis for our opinion.
We are required to be independent and meet our other ethical responsibilities in accordance with relevant ethical requirements relating to the engagement.
Our examination does not provide a legal determination on the City’s compliance with specified requirements.
In our opinion, management’s assertion that the City complied with Measure HH reporting requirements included in the accompanying schedule is fairly stated, in all material respects.
Other Reporting Required by Government Auditing Standards In accordance with Government Auditing Standards, we are required to report all deficiencies that are considered to be significant deficiencies or material weaknesses in internal control; fraud, and noncompliance with provisions of laws, regulations, contracts or grant agreements that have a material effect on the City’s compliance with the specified requirements and any other instances that warrant the attention of those charged with governance. We are also required to obtain and report the views of responsible officials concerning the findings, conclusions, and recommendations, as well as any planned corrective actions. We performed our examination to express an opinion on the City’s compliance with the specified requirements and not for the purpose of expressing an opinion on the internal control over the specified requirements or on compliance and other matters; accordingly, we express no such opinions. The results of our tests disclosed no matters that are required to be reported under Government Auditing Standards.
-2-
Intended Purpose
This report is intended solely for the information and use of the City Council and management of the City and is not suitable for any other purpose.
San Bernardino, California
March 20, 2025
Measure HH Revenues $ 17,146,213
Transaction Tax 17,146,213
17101 Bushard Revenue -
Measure HH Expenditures:
Reoccurring Expenses Incurred on Essential City Services $ 13,067,688 One-Time Expenses $ 3,226,555
Financial Stewardship: HH Reserves Set-Aside in 23-24 $ 851,970 Reoccurring Expenses Incurred on Essential City Services:
Pay Down Unfunded Liabilities;1
CalPERS Unfunded Accrued Liabilities (UAL) Payments
4,305,214
City Miscellaneous required CalPERS UAL Payments 2,378,872 Total Required UAL Payments $ 6,684,086
Pay Down Unfunded Liabilities;1
Additional Payment towards unfunded pension liabilities 3,000,000 Total Additional UAL Payments $ 3,000,000
Outstanding Debt Payments
2015A Pension Obligation Bonds 1,343,475
2016A Stormwater Infrastructure Bonds 871,648
2017 Clean Renewable Energy Bonds 225,554
Total Debt Payments $ 2,440,677
Streets / sidewalks / roadways and repair storm water systems;3 Roadway Rehabilitation Projects
942,925
Total Roadway Rehab Projects $ 942,925
Total Reoccurring Expenses5 $ 13,067,688
Reserves Set-Aside in 23-24:
$ 365,000
Increase in Measure HH Reserves $ 3,713,525
Set-Aside Reserves Appropriated in FY23-244
Police Locker Room/Shower Remodel Project (2,966,251)
Fire Station No.1 Project (260,304)
Total Appropriated Reserves $ (3,226,555)
Measure HH Funds Set-Aside in 23-24 $ 851,970
See accompanying notes to Schedule of Measure HH Revenues and Expenditures.
CITY OF FOUNTAIN VALLEY
SCHEDULE OF MEASURE HH REVENUES AND EXPENDITURES
Fiscal Year Ended June 30, 2024
Measure HH provided necessary funding in Fiscal Year 2023-24 that was used for the following in accordance with the Responsible Spending Pledge:
Police and Fire required CalPERS UAL Payments
Pay off, pay down, consolidate or refinance the City’s outstanding debt;2 Residential Roadway Rehab Project
Capital Equipment Reserves - $365,000 Transfer to Fleet Management Internal Service Fund - Set-aside for Fire Apparatus
$ 2,966,251 $ (2,966,251) $ -
1,000,000 (260,304) 739,696
500,000 - 500,000
650,000 - 650,000
$ 5,116,251 $ (3,226,555) $ 1,889,696
Police Locker Room Remodel
Fire Station No. 1
Sports Park Outbuildings
Sports Park Road Rehab
FY2020-21
Set-Aside
Set-Aside
Funds Used Remaining Balance
4 - Capital Reserve Set-Asides - In the Fiscal Year 2020-21 Schedule of Measure HH Revenues and Expenditures, a total of $5,116,251 in Measure HH funds were set-aside for specific capital projects. In FY 2023-24, $3,226,555 of these allocated funds were used, leaving a remaining balance of $1,889,696. 3 - Streets / sidewalks / roadways and repair storm water systems - Measure HH was approved by the community to allow for continuous operating and improvement of essential City services. Each year, Measure HH funds are used to supplement the annual residential roadway rehabilitation project. This project rehabilitates the road surface on residential streets within Fountain Valley. Without the use of Measure HH funds, the project would be scaled back or deferred to future years.
1 - Pay Down Unfunded Liabilities - The City has an unfunded accrued pension liability of $96.5 Million as of the most recent valuation measurement date of June 30, 2023. In addition to the CalPERS required $6.68 Million contribution towards the City's UAL, the City also paid $3 Million of Measure HH funds in FY23-24 as additional discretionary payments to accelerate the pay-down of the unfunded liability. 2 - Pay off, pay down, consolidate or refinance the City’s outstanding debt - The City's debt service includes payments for three outstanding bonds that are General Fund obligations. All three bonds are set to Mature prior to measure HH Sunset, with the last maturity being May 1, 2037. Fiscal Year 2023-24 includes approximately $2.44 million of Measure HH funds allocated towards these General Fund obligations.
1. BASIS OF ACCOUNTING AND MEASUREMENT FOCUS
2. REVENUES AND EXPENDITURES
Total reserves and targets are as follows as of June 30, 2024:
Short-Term/
Measure HH Long-Term
Contributed Reserves Targeted % Funded by
Reserves at 6/30/24* Reserve** Measure HH
OPEB Trust Reserves $ 1,700,000 14,796,027 $10-30 Million 11% Pension Trust Reserves 14,300,000 17,370,073 $10-30 Million 82% Measure HH Reserves 19,501,338 19,501,338 - 100%
Emergency Reserves 4,903,421 18,426,000 $ 18,426,000 27% Capital Rsrve-Set-aside HH CIP 1,889,696 1,889,696 - 100% Fire Apparatus Reserves 1,095,000 1,095,000 $2 Million 100% $ 43,389,455 $ 73,078,134
* Including Measure HH and non-HH reserves set-aside and related investment income.
CITY OF FOUNTAIN VALLEY
Notes to the Schedule of Measure HH Revenues and Expenditures Year Ended June 30, 2024
The Measure HH Revenues and Expenditures Schedule (Schedule) is presented using the modified-accrual basis of accounting. Under the modified-accrual basis of accounting, revenues are recognized when they become both measurable and available. Revenues are considered to be available when they are collected within the current period or soon enough thereafter to pay liabilities of the current period. For this purpose, the City considers revenues to be available if they are collected within 60 days of the end of the current fiscal year. Expenditures generally are recorded when a liability is incurred, as under accrual accounting.
Measure HH revenues consist of the 1% transactions and use (i.e. "sales") tax approved by the voters of Fountain Valley on November 8, 2016. Measure HH became effective April 1, 2017. In Fiscal Year (FY) 2023/24, Measure HH provided approximately $17.15 million in General Fund Revenue.
Measure HH is a general-purpose tax, which means the revenues received go into the City's General Fund to maintain or enhance any lawful City program, improvement, or service such as police and fire services, senior and youth programs, etc. Without Measure HH, the General Fund's operating deficit for the FY 2023/24 would have been $11,149,570. Measure HH expenditures include the utilization of funds to pay down unfunded pension liabilities in an amount totaling $9,684,086 and paying debt obligations of $2,440,677. In addition, $942,925 of Measure HH funds were allocated to supplement the Residential Roadway Rehabilitation Project.
Total Measure HH reserves set-aside in the General Fund between fiscal year 2016/17 and fiscal year 2023/24 have been $47,815,317. During the FY 2019/20 a prepayment was made for the purchase of a fire apparatus in which the reserves set-aside was reduced by $1,199,307. Additionally, $3,226,555 of Measure HH Capital Reserve Set-asides were allocated in fiscal year 2023/24 for the Police Department Locker Room Project and Fire Station No.1 Project. As of June 30, 2024 the total reserve balance contributed by Measure HH is $43,389,455.
** A new reserve policy was adopted by City Council on October 1st, 2024, subsequent to the reporting period of this report.
The remaining balance of Measure HH funds represent amounts set-aside in reserves. The reserves setaside in FY 2023/24 include an increase in Measure HH reserves of $3,713,525 and an increase in Fleet Reserves of $365,000 for future Fire Apparatus.
CITY OF FOUNTAIN VALLEY
CITY COUNCIL
COUNCIL ACTION REQUEST
To: Honorable Mayor and Agenda Date: May 20, 2025
Members of the City Council
SUBJECT: Approval of Amendment No. 1 to Consultant Services Agreement (#1514) with Michael Baker International for Contract Assistant Planner 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:
The City Manager approved an agreement (#1514) with Michael Baker International (MBI) to provide contract planning services through May 31, 2025 in an amount not-to-exceed $45,000.
Staff is now requesting that the City Council approve Amendment No. 1 to extend the contract term to June 30, 2026 and increase the amount by $78,500 to a total not-to-exceed of $123,500.
DISCUSSION:
In support of staff’s pursuit of continuing their higher education, the City contracted with MBI on November 27, 2024 to assist with reduced hours for the Planning Associate. MBI has provided a planner that has worked at the public counter and has provided service to the general public. That agreement is set to expire on May 31, 2025 and requires an amendment to extend the agreement to June 30 2026, which is the expected return of the Planning Associate to full time status. Also, the amendment will replace the current Scope of Services and Payment Terms, which will update the compensation amount of the agreement that will allow for MBI’s continued service to June 30, 2026.
FISCAL REVIEW:
The cost of the amended MBI agreement is $78,500 and will be expensed to the Planning Department’s Contract Services account (100.30.30300.53007). The cost will be offset with savings to salaries in the Planning Department Both the FY 2024-25 amended, and the FY 2025-26 proposed budgets are sufficient to cover the increased contract authority.
Amendment Number 1 to Consultant Services Agreement with Michael Baker International May 20, 2025
PUBLIC NOTIFICATION:
Not applicable.
ENVIRONMENTAL IMPACT REVIEW:
Not applicable.
ATTORNEY REVIEW:
The Attorney for the City has reviewed and approved the Amendment.
ALTERNATIVES:
Alternative No. 1: Approve Amendment No. 1 to Consultant Services Agreement (#1514) with Michael Baker International for Contract Assistant Planner Services.
Alternative No. 2: Do not approve Amendment No. 1 and provide further direction.
RECOMMENDATION:
Based on the positive experience with MBI’s services, staff is recommending Alternative No. 1, approval of the Amendment.
Prepared by: Omar Dadabhoy, Deputy City Manager, Community Development Director
Approved by: Maggie Le, City Manager
Attachments:
1. Amendment Number 1
2. Updated Scope of Services and Payment Terms
AMENDMENT 1
AGREEMENT FOR CONSULTING SERVICES
CON - 1514
THIS FIRST AMENDMENT is made and entered into this 20th day of May 2025, by and between the City of Fountain Valley (hereinafter "CITY") a municipal corporation, and M ichae l Bake r In ter national (hereinafter "CONSULTANT") a California corporation.
Recitals
WHEREAS, CITY and CONSULTANT previously entered into an Agreement for Contract Assistant Planner Services dated November 27, 2024, (AGREEMENT) which is incorporated herein by this reference; and
WHEREAS, the AGREEMENT currently has a term ending on May 31, 2025; and WHEREAS, the parties do now desire to amend the AGREEMENT and extend the term date of the agreement and replace the current Scope of Services and Payment Terms.
NOW, THEREFORE, the parties hereto agree as follows:
1. The term of the AGREEMENT shall be extended to June 30, 2026.
2. The total contract sum, as outlined in section 6 of the AGREEMENT, is hereby amended to state that the total compensation paid to CONSULTANT shall not exceed One Hundred Twenty-Three Thousand Five Hundred Dollars ($123,500).
3. The original Exhibit A Scope of Services and Payment Terms is replaced with a new Exhibit A Scope of Services and Payment Terms attached to and incorporated into this Amendment.
4. All other terms and conditions of the AGREEMENT, as amended, shall remain in full force and effect.
In witness whereof, the parties hereto have entered into this AMENDMENT #1 the date and year first above written.
ATTEST: CITY OF FOUNTAIN VALLEY
City Clerk City Manager
APPROVED AS TO FORM: CONSULTANT:
Attorney for the City Office Executive, Vice President
ATTACHMENT: Exhibit; A Scope of Services
Fareeha Kibriya
CITY OF FOUNTAIN VALLEY
CITY COUNCIL
COUNCIL ACTION REQUEST
To: Honorable Mayor and Agenda Date: May 20, 2025
Members of the City Council
SUBJECT: Amendment #3 to Extend Contract #22-11 from July 1, 2025 through July 1, 2026, with City Net for Homeless Outreach Services in the Amount of $376,999.66
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:
In 2022, Staff identified City Net as a sole source vendor that was uniquely qualified to provide street outreach and engagement for the homeless population in the City of Fountain Valley.
The contract was extended for an additional year and expired June 30, 2024. An additional extension to the agreement was approved by the City Council and is set to expire June 30, 2025. Staff recommends extending the City Net contract for an additional one-year term to continue providing essential social services to our homeless population.
DISCUSSION:
The City’s partnership with City Net began March 1, 2022, and was very successful with 116 successful street exits through March of 2025. Hundreds of other homeless individuals have accepted some sort of outreach services from City Net, including, but not limited to, temporary shelter, medical services, mental health services, financial services and employment services.
City Net, in conjunction with the Police Department’s Special Operations Bureau (S.O.B.) and several other City departments, has been vital in minimizing encampments within the community, increasing the quality of life for the residents and unhoused individuals. City Net has collaborated with S.O.B. by being responsive to their needs, often responding to the unhoused population prior to law enforcement contact. City Net provides their own transportation, allowing them to transport people directly to shelters, hospitals, retrieve paperwork necessary for housing, and a multitude of other resources. This ability allows them to provide service quickly and efficiently.
Renewal of City Net Contract
May 20, 2025
Central Cities Navigation Center (CCNC) opened in June 2024. City Net has supported the City and Police Department in utilizing the City’s dedicated beds at this facility. Since June 2024, City Net has placed 36 unhoused individuals. The collaboration between City Net, CCNC, and the Police Department has been superior.
Homelessness is a complex problem that requires a multi-faceted approach, and City Net has been a vital partner in efforts to address this issue. While the Police Department and other City departments play a role in addressing homelessness, it is clear they cannot solve this problem alone. City Net’s work aligns with the City's Strategic Goal to Enhance the culture and environment of “A Nice Place to Live,” and City Net’s continued involvement is essential.
FISCAL REVIEW:
The cost of the 12-month contract for City Net services (July 1, 2025 - July 1, 2026) is $376.999.66. This amount has already been included with the proposed FY 2025-27 budget.
The cost will be expensed to account 100.70.70700.53006 in the Police Department budget.
There are no additional anticipated costs associated with the City Net contract.
The Police Department received $616,722 in grant funding through the California Housing and Community Development Department PLHA Program (Funding Years 2019, 2020, 2021) to offset the cost of previous and current City Net contracts. These funds are held in the State Grants’ account (100.00.00000.44011). The City of Fountain Valley is eligible to receive $218,991 from the PLHA Program (Funding years 2022 and 2023) for homeless outreach services which will help offset the proposed City Net contract extension. These monies are expected to be received during the 2025-2026 fiscal year.
PUBLIC NOTIFICATION:
Public notification was made through the regular agenda process.
ENVIRONMENTAL IMPACT REVIEW:
Not applicable.
ATTORNEY REVIEW:
This action has been approved by the Attorney for the City.
ALTERNATIVES:
Alternative No. 1: Approve Amendment #3 to extend Contract #22-11 from July 1, 2025 through July 1, 2026, with City Net for homeless outreach services in the amount of $376,999.66.
Alternative No. 2: Do not approve Amendment #3 to extend Contract #22-11 from July 1, 2025 through July 1, 2026, with City Net for homeless outreach services in the amount of $376,999.66.
Renewal of City Net Contract
May 20, 2025
RECOMMENDATION:
Staff is requesting City Council approve Alternative No. 1: Approve Amendment #3 to extend Contract #22-11 from July 1, 2025 through July 1, 2026, with City Net for homeless outreach services in the amount of $ 376,999.66.
Prepared by: Jarrod Frahm, Police Lieutenant
Reviewed by: Rodney Cox, Interim Chief of Police
Attorney Review by: Colin Burns, Attorney for the City
Fiscal review by: Ryan Smith, Finance Director
Approved by: Maggie Le, City Manager
Attachments:
A. FY 25/26 Cost
B. Original Contract 2022/2023
AMENDMENT #3
AGREEMENT FOR SERVICES – FOUNTAIN VALLEY
STREET OUTREACH AND ENGAGEMENT
(CON 22-11) #1153
THIS THIRD AMENDMENT is made and entered this 6th day of May 2025, by and between the City of Fountain Valley (hereinafter "CITY") a municipal corporation, and Kingdom Causes, Inc. Dba City Net(hereinafter "CONSULTANT").
Recitals
WHEREAS, CITY and CONSULTANT have previously entered into an Agreement for Contract Services dated March 1, 2022; and
WHEREAS, CITY and CONSULTANT entered into Amendment No.1 on June 6, 2023 to extend the term of the Agreement until June 30, 2024, and increase the Agreement amount by $321 036.28.
WHEREAS, CITY and CONSULTANT entered into Amendment No. 2 on June 16, 2024 to extend the term of the Agreement until June 30, 2025, and increase the Agreement amount by $376,999.66.
WHEREAS, the parties do now desire to extend the agreement for an additional year starting with July 1st, 2025 and until June 30, 2026; and increase the Agreement amount by $ 376,999.66.
WHEREAS, all other terms and conditions of the Agreement shall remain in effect.
NOW, THEREFORE, the parties hereto agree as follows:
1. The Agreement is extended until June 30, 2026 after which it shall expire unless extended pursuant to an agreement between the parties.
2. Except as amended, all other terms and conditions of the Agreement shall remain in full force and effect.
3. CITY shall pay CONSULTANT in accordance with Attachment “A”.
In witness whereof, the parties hereto have entered into this THIRD AMENDMENT the date and year first above written.
ATTEST: CITY OF FOUNTAIN VALLEY
City Clerk Mayor
Approved as to form: CONSULTANT:
HARPER & BURNS LLP
Attorneys for the City City Net
City of Fountain Valley
1 3/26/25
[email protected]
Title/Role Description Full Comp
Hrs/
week Wks FTE TOTAL
Regional Program Director Project compliance with management, operations and public safety standards
$66.12 2 52 0.05 $6,876.48
Program Supervisor Direct program activities, staff management/ supervision and project coordination
$50.83 4 52 0.10 $10,572.64
Case Manager I Street outreach, case mgt, housing navigation $36.88 40 52 1.00 $76,710.40 Case Manager II Street outreach, case mgt, housing navigation $40.45 40 52 1.00 $84,136.00 Dispatch Response to recorded and live inquiries $37.01 8 52 0.20 $15,396.16 Data Analyst HMIS data entry, reporting, data compliance $34.68 4 52 0.10 $7,213.44 Executive leadership Quality control, problem solving $95.65 2 52 0.05 $9,947.60 Community Engagement Align activities with community stakeholders and generate resources for client needs
$33.21 2 52 0.05 $3,453.84
Finance and Billing Payroll, billing, financial controls $53.91 2 52 0.05 $5,606.64 Human resources Staff recruiting, hiring, training, disputes $44.57 2 52 0.05 $4,635.28 Operations Inventory, purchasing, technical support $41.42 2 52 0.05 $4,307.68 $4,577.12
2.70 $233,433.28
Item TOTAL
Client Services $25,008.00
Client Services $50,000.00
Rent $8,748.00
Computing and
Telecommunications
$11,048.40
Materials and Supplies $2,430.00
Materials and Supplies $3,240.00
Materials and Supplies $1,134.00
Materials and Supplies $7,685.28
$109,293.68
Category TOTAL
De minimis rate for nonfederal entity$34,272.70
$34,272.70
$376,999.66
Labor Subtotal:
Labor
FYE 26 Fountain Valley Street Outreach and Engagement, annual budget 2 full-time case managers plus support staff, with client services Operations, Program and Client Expenses
Description
Overtime at Industry-Standard 2% of Labor
Client/staff transport (1 vehicles): vehicle hire fee, gas, insurance, maintenance Administration subtotal:
Project TOTAL
Description
Per 2 CFR 200.414-11, de minimis rate established for non-Federal entities who do not have negotiated Indirect Cost Rate. This fee is charged at a rate of 10% to offset expenses incurred by the organization but not billable as direct project expenses.
Financial audit
Liability Insurance
Operations, Program and Client Expenses Subtotal:
Administration
Fees, rental assistance and move-in costs for: rapid rehousing, sober living homes, room and board, rooms for rent, relocations, etc. Also fees for documentation, local transportation, work expenses, etc.
Office space and office equipment/furniture rental
Computing (computer, IPad, phone), telecommunications (phones & cell service), printer/copier w/supplies, hardware & software, wifi, etc.
Uniforms, copies, forms, office supplies, equipment, etc.
IT support and client management software licenses