Agenda packet — San Fernando City Council, February 18, 2025 (part 2 of 3)

regardless of the type of graffiti, it is imperative for removal operations to work quickly and efficiently to disincentivize ongoing graffiti cases in the area they have been found.

The City has experienced a significant increase in graffiti activity in recent years. The City’s resident and internal staff reporting tool, GoGov, has logged over 200%1 increase in month-to-month reports of graffiti on private and public property since March 2024 (Attachment “C”). To address this growing concern, an enhancement for Fiscal Year (FY) 2024-2025 was approved for the Public Works Department to hire a full-time, dedicated staff member for graffiti maintenance efforts.

The current City Ordinance No. 1581 (Attachment “B”), which outlines procedures for graffiti prevention, prohibition, and removal of graffiti, provides overarching guidance on the goals and expectations of how staff should work with the community to support graffiti abatement and discourage more graffiti occurrences. To complement this ordinance with updated procedures and role designations, the City is proposing a new Graffiti Abatement Policy.

Overview of Proposed Graffiti Abatement Policy.

The purpose of this policy is to establish the steps needed to efficiently and safely remove graffiti from public and private properties in compliance with City policies, ordinances, and applicable laws. The proposed policy applies to City employees authorized to remove graffiti within the City limits, issue notice of violation and administrative citations, and document and investigate crimes.

The policy outlines the process for graffiti abatement from the time an initial report is made by a member of the community or City employee, to the removal and/or potential referral of the incident to Community Preservation and/or the Police Department. Following the initial transition of graffiti abatement services from the Community Development Department to the Public Works Department in recent years, a detailed reorganization of reporting procedure was proposed but never finalized. The following proposal outlines the abatement procedure and defines the roles of each department involved directly in day-to day operations.

Role of the Public Works Department
Reports of graffiti on private and public property are received by the Public Works Department through:
a. GoGov tickets, phone calls, emails or direct observation; OR b. Active monitoring conducted by any City staff throughout the City on a daily basis.

Upon receipt of a graffiti report, Public Works will respond within 48 hours by visiting the location indicated in the report, providing documentation and referrals to other departments through GoGov, as applicable. If graffiti can be removed and no further referrals to Community

1 It is important to note that this increase may be due, in part, to improved reporting and tracking methods resulting from implementation of the GoGov Citizen Reporting application.

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Preservation are necessary, Public Works staff will close the GOGov ticket directly with no further action.

Referrals to Community Preservation
Graffiti will be referred to Community Preservation if one (1) or more of the following apply:
a. Graffiti is on private property that cannot be accessed from the public right of way. b. Graffiti is on a mural or artwork.
c. The location has five (5) previous graffiti incidents within 12 months. d. Graffiti is on glass, brick, stone, or decorative material.

The proposed policy outlines steps taken to report these concerns through GoGov and impose additional notices on private property owners in the case of code enforcement violations.

Referrals to the Police Department
To continue improving graffiti deterrence efforts in the community, graffiti reporting to the Police Department will be directly combined with the GoGov reporting tool. This new referral mechanism will enable staff to easily and quickly provide information that could lead to prosecutions. Considering the growth in these activities within the community, this enhanced reporting effort will be a step forward in tracking and building more comprehensive cases against known gang affiliates and serial taggers.

Release of Liability Agreement
The new policy also incorporates the development of a Release of Liability Agreement (Attachment “D”), which will be mailed out to property owners along frequently affected corridors in the City by May 1, 2025. If the property owners agree to the terms outlined in the agreement and return the form to City staff, it will be logged in the City’s Activity Information Management System (AIMS) to provide Public Works staff with permission to remove graffiti immediately without providing additional notice to the property owner. Public Works staff will verify whether a property has completed this release agreement before proceeding with a referral to Community Preservation.

BUDGET IMPACT:

There is no budget impact associated with this update, as graffiti maintenance services for Fiscal Year 2024-2025 are accounted for through a budget enhancement to add a full-time maintenance worker in the Public Works Department.

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CONCLUSION:

It is recommended that the City Council adopt Resolution No. 8364 approving a Graffiti Abatement Policy.

ATTACHMENTS:

A. Resolution to No. 8364, including:

Exhibit “A”: Graffiti Abatement Policy
B. Ordinance No. 1581
C. GoGov: One Year Analysis for Public Works
D. Release of Liability Agreement
February 18, 2025 Special & Regular CC Mtg Page 232 of 424 ATTACHMENT “A”
RESOLUTION NO. 8364

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN FERNANDO,

CALIFORNIA, APPROVING A GRAFFITI ABATEMENT POLICY
WHEREAS, on April 21, 2008, the City Council adopted Ordinance No. 1581, amending the San Fernando City Code regarding Procedures for the Prevention, Prohibition and Removal of Graffiti; and
WHEREAS, in March 2024, staff began utilizing the My San Fernando App (“GoGov”) to track graffiti removal activities; and
WHEREAS, updated procedures are necessary to create a clear and efficient reporting process that helps mitigate the City’s exposure to increased graffiti activity; and WHEREAS, a Graffiti Abatement Policy has been created to outline the specific tasks and responsibilities of the Public Works Department, Community Development Department, and Police Department in the process of graffiti removal and reporting; and WHEREAS, the City Manager seeks to formalize this policy through City Council approval.

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN FERNANDO, DOES HEREBY RESOLVE, FIND, DETERMINE AND ORDER AS FOLLOWS:

SECTION 1. The City Council hereby establishes the Graffiti Abatement Policy, attached hereto as Exhibit “A” and incorporated herein by this reference.

SECTION 2. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the Office of the City Clerk.

PASSED, APPROVED, AND ADOPTED THIS 18th day of February, 2025.

Mary Mendoza, Mayor of the City of
San Fernando, California
ATTEST:

Julia Fritz, City Clerk
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2 CERTIFICATION
I, City Clerk of the City of San Fernando, California, do hereby certify that the foregoing is a full, true, and correct copy of Resolution No. 8364 which was regularly introduced and adopted by the City Council of the City of San Fernando, California, at a regular meeting thereof held on the 18th day of February, 2025, by the following vote of the City Council:

AYES:

NAYS:

ABSENT:

ABSTAINED:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Fernando, California, this _____ day of February, 2025.

POLICY/PROCEDURE

SUBJECT ISSUANCE
Graffiti Abatement Policy

ORIGINAL DATE
February 18, 2025

EFFECTIVE
February 18, 2025

CURRENT DATE
February 18, 2025

EFFECTIVE
February 18, 2025
CATEGORY POLICY NO. SUPERSEDES
Public Works

MANAGEMENT POLICY/PROCEDURES
SECTION I. PURPOSE
The purpose of this policy is to establish the steps needed to efficiently and safely remove graffiti from public and private properties in compliance with City policies, ordinances, and applicable laws.

SECTION II. SCOPE
This procedure applies to all Public Works employees authorized to remove graffiti within the City of San Fernando limits; all Community Development employees authorized to issue notice of violation and administrative citations; and all Police Department employees authorized to document and investigate crimes.

SECTION III. BACKGROUND
• On April 21, 2008, the City Council adopted Ordinance No. 1581, amending the San Fernando City Code regarding Procedures for the Prevention, Prohibition and Removal of Graffiti. • Substantive changes were not made to this procedure until March 2024, as staff were required to begin reporting graffiti removal activities on the My San Fernando App (GoGov). • On September 23, 2024, the City onboarded its first dedicated graffiti maintenance worker, officially shifting the lead on graffiti removal operations to the Public Works Department. • From March 2024 to February 2025, there have been 674 opened cases submitted on GoGov for “Graffiti and Sign Posting on Public Property”; 593 cases have been closed by staff. Additionally, in the same time frame there have been 626 cases opened for “Graffiti on Private Property”, with 584 cases closed.

SECTION IV. PROCEDURE
Reporting and Documentation
Reports of graffiti on private and public property are received by the Public Works Department through:

1. GoGov tickets, phone calls, emails or direct observation; OR

2. Active monitoring conducted by Public Works throughout the City on a daily basis.

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EXHIBIT “A” GRAFFITI ABATEMENT POLICY
Administration Department | 117 Macneil Street | San Fernando, CA 91340 | (818) 898-1202 | Policy # ADM-____ (__/2015) | Page 2 of 4 POLICY/PROCEDURE:

Upon receipt of graffiti report, Public Works shall respond within 48 hours by visiting the location indicated in the report. If graffiti was identified through proactive monitoring by a City employee or reported by phone or email through a member of the public, a ticket in the GoGov app shall be opened by Public Works. The ticket shall include a description, location, picture, and square foot measurement of the reported graffiti.

If the graffiti was reported through the GoGov app and a picture is already in the system, staff shall use the existing ticket to administer the remainder of the abatement process. Staff will insert a description, location, picture, and square foot measurement of the reported graffiti if the initial report is missing any of these elements.

If graffiti is on trash enclosures, an email shall be sent to the City’s trash service vendor,requesting the dumpster bin to be replaced. The address shall be included in the email. The GoGov ticket shall then be closed with the note “Replacement dumpster requested by email.”
SECTION V. PREPARATION FOR REMOVAL
Safety measures will include:

1. Wearing of appropriate Personal Protective Equipment (PPE), including gloves, safety glasses, and mask if needed.

2. Inspection of the site for safety concerns, such as traffic, hazardous materials, or dangerous access points.

Ensure proper traffic measures are in place if working near roads.

The following supplies and materials will be readily available and present on the site of the removal:

1. Pressure washer, chemical removers, scrapers, all City approved paint colors, rollers, brushes, poles, drop clothes, cones and cleaning materials.

SECTION VI. RELEASE OF LIABILITY AGREEMENT PROCEDURE
A Release of Liability Agreement (Form # PWD-004.1) will be offered to property owners along frequently affected corridors in the City. If the property owners agree to the terms outlined in the agreement and return the form to City staff, it will be logged in the City’s Activity Information Management System (AIMS) to provide Public Works staff with permission to remove graffiti immediately without providing additional notice to the property owner.

Public Works staff will verify whether a property has completed this release agreement before proceeding with a referral to Community Preservation.

SECTION VII. REMOVAL METHODS
• Painted surfaces shall be repainted with the color that most closely matches the surface. • Signs and poles shall be cleaned with solvent-based cleaners or a work order via GoGov shall be initiated to replace the sign if damage is extensive.
• Care shall be made to avoid paint dropping, spilling, or splattering on sidewalk.

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EXHIBIT “A” GRAFFITI ABATEMENT POLICY
Administration Department | 117 Macneil Street | San Fernando, CA 91340 | (818) 898-1202 | Policy # ADM-____ (__/2015) | Page 3 of 4 POLICY/PROCEDURE:

SECTION VIII. PUBLIC WORKS DEPARTMENT REPORTING

1. If graffiti has been removed and no further referrals to Community Preservation are necessary, Public Works staff will upload a picture of the re-painted surface, add the note “Graffiti abated. Case closed.”; and close the GoGov ticket.

2. If referrals are needed to Community Preservation, see Section IX.

3. If referrals are needed to the Police Department, see Section X.

SECTION IX. REFERRALS TO COMMUNITY PRESERVATION
Graffiti will be referred to Community Preservation if one (1) or more of the following apply:

1. Graffiti is on private property that cannot be accessed from the public right of way. The GoGov note should state “Graffiti on private property not able to be removed from the public right of way.”

2. Graffiti is on a mural or artwork. The GoGov note should state: “Graffiti on mural” or “Graffiti on artwork.”

3. The location has five (5) previous graffiti incidents within 12 months. The GoGov note should state: “Sixth incident of graffiti within 12 months.”

4. Graffiti is on glass, brick, stone, or decorative material. The GoGov note should state: “Graffiti on surface prohibiting City removal.”
Tickets from the GoGov app that are referred to Community Preservation shall be assigned to the Community Preservation Officer (CPO) whose area the graffiti is located.

The CPO is to conduct an inspection within 48 hours of being assigned the ticket and complete the following steps if the graffiti is confirmed:

1. The CPO will add the GoGov note “Code Enforcement case has been opened. Please contact Community Development Department at 818-898-1227 or at [email protected] for more information” and close the ticket.

2. A case in AIMS shall be opened with reference to the GoGov ticket. A Notice of Violation shall be mailed and posted for violation of Zoning Code Section 106-1143(a)(24). Reasonable time to remove graffiti is outlined in San Fernando Municipal Code (SFMC) 106-1143(a)(2, a-i). The 72 hour notice described in SFMC Section 50-307 can be used if a Notice of Abatement will be issued.

3. Code Enforcement process shall follow SFMC Section 50-304. This allows for the abatement measures to be sought after graffiti has appeared more than five (5) times in 12 months, therefore considered a “graffiti attracting surface”.

4. If graffiti is removed, code enforcement case in AIMS shall be closed and pictures uploaded of graffiti abated.

5. If graffiti has not been removed, the administrative citation process outlined in Chapter 1, Articles II and III, administrative process, Code 1-53 and 1-103 shall be followed.

Note: Referrals made to Community Development do not preclude the Community Preservation Officer from self-initiating graffiti cases when canvassing their assigned areas of the City. The same steps should be taken to open a case in GoGov and in AIMS (when applicable) to initiate the graffiti removal process.

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EXHIBIT “A” GRAFFITI ABATEMENT POLICY
Administration Department | 117 Macneil Street | San Fernando, CA 91340 | (818) 898-1202 | Policy # ADM-____ (__/2015) | Page 4 of 4 POLICY/PROCEDURE:

SECTION X. REFERRALS TO THE POLICE DEPARTMENT
Graffiti cases will be referred to the Police Department if the graffiti includes:

1. Gang-related content

2. Hate speech

3. Tagging

4. Revenge-based content

5. The private or public property owner is seeking to prosecute the offender Reports of graffiti shall be provided to the Police Department by:

1. Submitting a report to an eligible Police Department representative through the City’s internal GoGov reporting function. Staff will update graffiti reporting criteria to include relevant Police Department referral criteria as needed; OR

2. In the instance where field staff are unable to submit an online report, completing a written report checklist provided to Public Works and Community Development staff. Written reports shall be submitted to the Police Department within seven (7) calendar days.

Police Department staff leading their GoGov administration shall update graffiti reporting criteria to include relevant Police Department referral criteria as needed. An electronic and paper copy of this checklist will be maintained by the Police Department and distributed to both Public Works and Community Preservation for field staff to use as needed.

SECTION XI. DISPOSAL OF WASTE
Staff responsible for removal shall dispose of paint cans, solvent containers, and cleaning materials according to hazardous waste disposal guidelines and any other applicable laws or regulations. To ensure a sanitary work space, staff shall clean tools and equipment thoroughly after each use.

SECTION XII. POST-REMOVAL PROCEDURES
Upon completion of the graffiti removal, staff shall:

1. Inspect the site to ensure all graffiti is fully removed.

2. Monitor frequently targeted areas for recurrence.

3. Ensure Police Department referrals are completed in GoGov or if written reports are taken, provide them as a submission to the Police Department within seven (7) calendar days.

SECTION XIII. AUTHORITY
By order of City Council Motion (Agenda Item No. 7, Resolution No. 8364), Policy adopted by the City Council on February 18, 2025.

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Chapter 50 - OFFENSES AND MISCELLANEOUS PROVISIONS
ARTICLE VII. GRAFFITI PREVENTION, PROHIBITION AND REMOVAL San Fernando, California, Code of Ordinances Created: 2024-08-29 17:05:01 [EST] (Supp. No. 39)

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ARTICLE VII. GRAFFITI PREVENTION, PROHIBITION AND REMOVAL Sec. 50-301. Purpose and intent.

The city council finds and declares as follows:
(1) Graffiti on public or private property is a condition of blight that not only depreciates the value of property which has been the target of such vandalism, but also depreciates the value of the adjacent and surrounding properties so as to create a negative impact upon the entire community. (2) Graffiti has also been found to be associated with criminal activity and delinquency. It is also a means of identification and intimidation utilized by gangs and its presence may further gang-related activities.

The power of graffiti to create fear within the community and blight upon the landscape, devaluing property and detracting from a sense of community enjoyed by the residents of the city goes beyond the cost of clean-up or removal. Not only is graffiti a criminal act of vandalism, but it is also a social crime upon the quality of life and freedom from intimidation that residents desire in their neighborhoods.
(3) Acts of graffiti are most-often committed by persons under the age of 18 years using aerosol containers of spray paint or felt-tip markers, or both. These implements of graffiti are frequently stolen from retail stores by minors, and, as such, retail stores that display or sell these implements should be required to take reasonable steps to prevent their theft. (4) California Government Code § 53069.3 authorizes the city, under certain circumstances, to provide for the removal of graffiti and other inscribed materials from private as well as public property. Unless the city causes graffiti to be removed from public and private property, it tends to remain. Other properties then become the target of graffiti with the result that the entire neighborhood is affected and becomes a less desirable place in which to be.
(5) In the past, the city has appropriated funds for the removal of graffiti from privately owned real or personal property located within the city. While this public service benefits the entire community, it provides no incentive to private property owners to deal directly with the problem and to formulate their own ideas, solutions, and mitigation measures to avoid being victimized time and time again. The perpetual provision of free graffiti removal services is not an effective deterrent to the escalation of graffiti vandalism and is not a cost effective use of public funds. (6) It is the purpose and intent of the city council of this city, through the adoption of this Article, to provide additional enforcement tools to protect public and private property from acts of vandalism and defacement. Such acts are destructive of the rights and values of private property owners as well as of the entire community. It is the further intent of the city council, through the adoption of this article, to provide notice to all of those who disregard the property rights of others, that the city will strictly enforce the law and seek vigorous prosecution against those persons engaging in the defacement of public or private properties.
(Ord. No. 1581, § 5, 4-21-2008)
ATTACHMENT "B"
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Sec. 50-302. Definitions.

For the purposes of this article, the following words shall have the meanings respectively ascribed to them in this section:

Adhesive label shall mean any so called "bumper sticker", sheet of paper, fabric, or plastic, or other substance with an adhesive backing.

Aerosol paint container shall mean any aerosol container, regardless of the material from which it is made, which is adapted or made for the purpose of spraying paint, undercoating, spray insulation, or other substance capable of defacing property.

City agents shall mean city employees, representatives, or contract agents.

Enforcement officer shall mean any city official authorized to enforce the provisions of this article, including, but not limited to, the city's police department, code enforcement department, and public works department, as well as any contract agent authorized by the city to abate graffiti nuisances described in this article.

Felt-tip marker shall mean any indelible marker or similar implement with a tip which, at its broadest width, is greater than one-eighth of an inch and which contains an ink or other pigmented liquid.

Graffiti shall mean any unauthorized inscription, word, figure, mark, or design that is written, marked, etched, scratched, drawn, painted or engraved on or otherwise glued, posted, or affixed to or on any surface of any public or private real or personal property within the city to the extent that the same was not authorized in advance by the owner or occupant thereof.

Graffiti implement shall mean an aerosol paint container, a felt tip marker, gum label, paint stick, graffiti stick, etching tool capable of scarring glass, metal, concrete, wood, or any other surface, or adhesive label. "Graffiti implement" shall also include any other device capable of being used to leave a visible mark at least one-eighth of an inch in width upon any surface of any material.

Minor shall mean any person under the age of 18 years.

Paint stick or graffiti stick shall mean a device containing a solid form of paint, chalk, wax, epoxy, or similar substance capable of being applied to a surface by pressure, and upon application, leaving a mark at least oneeighth of an inch in width.

Responsible party shall mean any person who owns, possesses, occupies, or otherwise has responsibility for the repair or maintenance of personal or real property on which there exists graffiti. Responsible party shall also include any minor (or parent or guardian of a minor) or other person who causes or permits the application of graffiti or other inscribed material.

Retrofitting shall mean and include, without limitation, the restoration, modification, or alteration of a structure with new or modified parts, devices, systems, or equipment to remove graffiti, to prevent or inhibit the recurrence of graffiti, or to return the structure to an acceptable, usable, unblemished, unblighted, or original state or condition in compliance with all applicable laws.

Structure shall mean any structure as defined in the city's building code, and shall include, but not be limited to, buildings, walls, fences, sidewalks, curbs, poles, signs, and cargo/shipping containers.

Vehicle shall mean a device by which any person or property may be propelled, moved, or drawn upon a highway, excepting a device moved exclusively by human power or used exclusively upon stationary rails. (Ord. No. 1581, § 5, 4-21-2008)
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Sec. 50-303. Accessibility to graffiti implements.
(a) Display requirements. It shall be unlawful and a misdemeanor for any person or business engaged in a commercial enterprise to display for sale, trade, loan, or exchange any graffiti implement except in an area from which the public shall be securely precluded from entering without employee assistance. Two such acceptable methods for displaying graffiti implements for sale shall be by containment in (i) a completely enclosed cabinet or other storage device which shall be permanently affixed to a building or structure, and which shall, at all times except during access by authorized representatives, remain securely locked; or (ii) in an enclosed area behind a sales or service counter from which the public is precluded from entry. Nothing herein shall relieve such person or business entity from, at all times, complying with the requirements of the California Penal Code § 594.1(c) by posting signs as described therein. (1) Any person or business engaged in the retail sale of etching cream or aerosol container of paint must display at a conspicuous location a legible sign measuring not less than 12 inches by 12 inches with letters at least one-half inch in height which states:
"It is unlawful for any person to sell or give to any individual under the age of eighteen years, any etching cream or aerosol container of paint that is capable of defacing property, except as provided in Section 594.1 of the California Penal Code. Any person who maliciously defaces real or personal property is guilty of vandalism which is punishable by a fine, imprisonment, or both." (b) Storage requirements. It shall be unlawful and a misdemeanor for any person or business engaged in the commercial enterprise of selling, providing, loaning, trading, or exchanging graffiti implements to store any graffiti implement except in either (i) a completely enclosed room which shall, at all times except during access or actual occupancy by the owner or authorized adult representative of the owner, remain securely locked; or (ii) in a completely enclosed cabinet or other storage device which shall be permanently affixed to a building, and which shall at all times except during access by the owner or an authorized adult representative of the owner, remain securely locked. For purpose of this section, an owner or authorized representative of the owner shall be deemed to actually occupy a room even during brief periods of absence if the room is contained within a larger building which is occupied by the owner. (c) Civil responsibility for wrongful display or storage. Any person or business who displays or stores or permits the display or storage of any graffiti implement in violation of the provisions of this section shall be personally liable for any and all costs, including attorneys fees and court costs, incurred by any party in connection with the removal of graffiti, the repair of any property containing graffiti, or such party's prosecution of a civil claim for reimbursement or damages resulting from such graffiti removal or property repair, arising from the use by any person of such wrongfully displayed or stored graffiti implement in violation of this section or of any provision of the California Penal Code. (Ord. No. 1581, § 5, 4-21-2008)
Sec. 50-304. Graffiti constitutes a nuisance.

Pursuant to California Government Code § 38771, the city council hereby declares the following conditions to constitute a public nuisance:
(1) Graffiti visible from real property (whether privately or publicly owned), public street, sidewalk, alley, or other public right-of-way or other area open to the public; (2) The existence of any surface of a structure, tree, shrub, sidewalk, curb, or vehicle on any privately owned parcel of land which has been defaced with graffiti after removal more than five times in 12 months (hereinafter, "graffiti attracting surface").

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(Ord. No. 1581, § 5, 4-21-2008)
Sec. 50-305. Graffiti removal requirement.

Notwithstanding any other provision of this Code, it shall be unlawful and a misdemeanor for any person to maintain graffiti, that is, to cause, permit, aid, abet, or suffer any graffiti which is visible from any real property (whether privately or publicly owned), public street, sidewalk, alley, or other public right-of-way or other area open to the public to remain on any structure, tree, shrub, or vehicle owned, possessed, or within the custody or control of such person, or located on real property owned, possessed, or within the custody or control of such person.
(1) Each day that graffiti is maintained constitutes a new and separate offense, and is subject to the penalties set forth in Chapter 1, Articles II and III of this Code. (2) Enforcement of this section shall be stayed pending a final order upon appeal of a notice of abatement. (Ord. No. 1581, § 5, 4-21-2008)
Sec. 50-306. Abatement of graffiti by city.
(a) The city council authorizes the appropriation and use of public funds for abatement of the public nuisance conditions listed in section 50-304 of this Code, that is, either the removal of the graffiti or other inscribed material from publicly or privately owned real or personal property located within the city, or if the graffiti cannot be removed cost effectively, the repair or replacement of the portion of the property that was defaced, or to otherwise abate graffiti attracting surfaces, and the director of public works, or his or her designee, is authorized to immediately abate the nuisance pursuant to the following conditions:
(1) In abating the public nuisance from public property owned or leased by the city, the painting, repair, and/or replacement of an area more extensive than where the graffiti is located shall not be authorized, except where the director of public works, or his or her designee, determines that a more extensive area must be repainted, repaired, and/or replaced. (2) Where the structure or surface is owned by a public entity other than the city, the removal of graffiti by city agents may be performed only after securing the consent of the public entity having jurisdiction over the structure or surface and only after such entity executes an appropriate release and right of entry form permitting such graffiti removal. In abating the public nuisance from a structure or property owned by another public entity, the painting, repair, and/or replacement of an area more extensive than where the graffiti is located shall not be authorized, except where (i) the director of public works, or his or her designee, determines that a more extensive area must be repainted, repaired, and/or replaced in order to avoid aesthetic disfigurement to the neighborhood or community; or (ii) the other public entity agrees in writing to pay for the costs of repainting, repairing, and/or replacing a more extensive area.
(3) Where the structure or surface is privately owned, the removal of graffiti by city agents may be performed only after securing the consent of the owner or possessor and only after the owner or possessor executes an appropriate written release and right of entry form permitting such graffiti removal. In abating the public nuisance from a structure or property owned by a private party, the painting, repair, and/or replacement of an area more extensive than where the graffiti is located shall not be authorized, except where (i) the director of public works, or his or her designee, determines that a more extensive area must be repainted, repaired, and/or replaced in order to avoid aesthetic disfigurement to the neighborhood or community; or (ii) a responsible party agrees in writing to pay for the costs of repainting, repairing, and/or replacing a more extensive area.

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(b) As an alternative to the procedure provided in the first sentence of subsection (a)(3) of this section, Enforcement Officer(s) shall have the authority to cause the abatement and removal thereof in accordance with the procedure set forth in section 50-307.
(Ord. No. 1581, § 5, 4-21-2008)
Sec. 50-307. Abatement of graffiti by city without consent of property owner or possessor.

If the consent of the private property owner or possessor of the property cannot be obtained, a public nuisance condition listed in section 50-304 of this Code which is located on privately owned real or personal property within the City may be abated by the city at the owner's expense as a public nuisance pursuant to the following provisions:
(1) Notice of abatement. The enforcement officer shall issue a "Notice of Graffiti Nuisance and Intent to Abate by City Agents" (hereinafter, "notice of abatement") to the owner and/or person in possession of the property on which the nuisance exists, or to any other party responsible for the nuisance, requiring the abatement of the nuisance within 72 hours of the date of service of the notice of abatement, or within some other longer reasonable time period in connection with a graffiti attracting surface. (2) Contents of notice of abatement. A notice of abatement issued pursuant to this section shall contain the following provisions:
a. The address of the real property on which the nuisance condition exists. b. A brief description of the nuisance condition(s).
c. A reference to the law prohibiting or pertaining to the nuisance condition. d. A brief description of the required corrective actions. e. A time period and/or schedule in which to complete the nuisance abatement actions (with all required city approvals, permits and inspections, when applicable) pursuant to the time limits proscribed in subsection (a) of this section.
f. The period and manner in which a responsible party may contest the notice of abatement pursuant to section 50-307 of this Code. No such right shall exist when the city is not seeking to establish the right to abate a public nuisance with city agents. g. A statement that if the violations are not abated within the time specified or a timely appeal is not made, such nuisance may be abated by city agents, in the manner stated in this notice and that all costs of the abatement shall be assessed against the responsible part(ies) and/or the subject property, as a lien or as a special assessment, at the city's election, in accordance with the nuisance abatement provisions of sections 1-152 through 1-154, 50-307 through 50-308, 106- 1152 through 106-1154, or any applicable combination thereof. (3) Service of notice of abatement. A notice of abatement issued pursuant to this section shall be served (i) by personal service on the owner, occupant or person in charge or control of the property; (ii) by posting at a conspicuous place on the property or abutting public right-of-way; or (iii) by sending a copy of the notice by United States mail addressed to the owner or person in charge or control of the property, at the person's mailing address according to the last equalized assessment roll of the Los Angeles County Assessor's Office, or if the owner's address is unknown, then in care of the property address. Service by mail shall be complete at the time of deposit with the U.S. Postal Service, and such service shall be made on the day the notice is dated and by affidavit, the original of which shall be filed with the city clerk. Failure of any responsible party to receive a Notice of Abatement properly February 18, 2025 Special & Regular CC Mtg Page 243 of 424 Created: 2024-08-29 17:05:01 [EST]
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addressed pursuant to this subdivision and mailed shall not invalidate any action or proceeding pursuant to this Chapter.
(4) Deadline for owner to abate. The owner shall within 72 hours of the date of service of the notice of abatement, or within a longer time period if specified in the notice of abatement, remove the graffiti or be subject to abatement of the graffiti by the City and assessment of the costs of such abatement as a lien or special assessment against the subject property in accordance with the nuisance abatement provisions of sections 1-152 through 1-154, 50-307 through 50-308 or 106-1152 through 106-1154 of this Code, or any applicable combination thereof. The enforcement officer may extend the period of time in which to abate graffiti upon a showing of good cause. (5) Method of abatement. When graffiti is being abated by the repainting of the surface on which the graffiti exists, the responsible party shall use paint that matches the color of the remaining portions of the real or personal property being painted or as otherwise approved by the director of community development, or his or her designee. As it relates to a graffiti attracting surface, a notice of abatement may require, but shall not be limited to, any of the following modifications (or combinations thereof) as methods of abatement the costs of which are to be borne by the responsible part(ies):
a. Retrofitting of the graffiti attracting surface;
b. Application or use of anti-graffiti materials, or both, to the graffiti attracting surface such as antietching films or anti-graffiti paints; c. Installation of landscaping so as to screen or to provide a barrier to the graffiti attracting surface; and,
d. Installation of additional lighting.

Each of the modifications listed in the notice of abatement shall use materials, methods, or designs approved in advance by the director of community development, or his or her designee. (6) Appeal of notice of abatement.
a. Right of appeal from a notice of abatement.

1. A responsible party may contest a notice of abatement by filing a written request for an appeal with the city clerk within three business days of service of the notice of abatement.

A written request for an appeal shall contain the following information:
(a) Name, address, and telephone number of each responsible party who is appealing the notice of abatement (hereinafter, "appellant"). (b) Address and description of real property upon which the city intends to enter and abate a public nuisance.
(c) Date of notice of abatement being appealed.
(d) Specific action or decision being appealed.
(e) Grounds for appeal in sufficient detail to enable the hearing officer to understand the nature of the controversy.
(f) The signature of at least one appellant.

2. Failure of the city clerk to receive a timely appeal constitutes a waiver of the right to contest a notice of abatement. In this event, the notice of abatement is final and binding.

3. The provisions of this section only apply to instances where the city has elected to establish the right, but not the obligation, to abate public nuisances with city agents. In no event does this article limit the right of city officials to issue alternative written or oral notices of February 18, 2025 Special & Regular CC Mtg Page 244 of 424 Created: 2024-08-29 17:05:01 [EST]
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code violations to responsible persons (as the term "responsible persons" is defined in section 1-52 of this Code), or to cause the abatement of public nuisances in a different manner, including without limitation, by court orders arising from the city's exercise of its criminal or civil remedies. In such instances, a responsible person shall receive a right to hearing and other due process rights in court.
b. Appeal hearing.

1. Any responsible party who contests a notice of abatement shall, subject to filing a timely appeal, obtain review thereof before a hearing officer, which hearing officer shall be appointed pursuant to section 1-62 of this Code. The city clerk shall schedule the administrative appeal no later than 30 days, and no sooner than seven calendar days, after receipt of a timely filed request for appeal. The appellants listed on the written request for an appeal shall be notified in writing at least five days prior to the date of the hearing by first class mail of the date, time, and location of the hearing. The time in which to abate the nuisance pursuant to the notice of abatement is stayed pending the outcome of the hearing.

2. At the place and time set forth in the notification of appeal hearing, the hearing officer shall hear the testimony of the appellant(s), the issuing enforcement officer, and/or their witnesses, as well as any documentary evidence presented by these persons concerning the alleged public nuisance(s).

3. Appeal hearings are informal, and formal rules of evidence and discovery do not apply. The city bears the burden of proof to establish a nuisance exists by a preponderance of evidence. The notice of abatement and any additional reports submitted by the enforcement officer(s) shall constitute prima facie evidence of the facts contained in those documents and such enforcement officer(s) are not required to participate in the appeal hearing. The appellant, and city, as well as all other interested persons, shall have the opportunity to present evidence and to cross-examine witnesses. The appellant, or other interested persons, may represent themselves or be represented by anyone of their choice.

The appellant, or other interested persons, may bring a language interpreter to the hearing at their sole expense.

4. If the appellant(s) fail to attend the scheduled hearing, the hearing will proceed without the appellant(s), and the appellant(s) will be deemed to have waived the right to a hearing. c. Notice of decision; order of abatement.

1. Within a reasonable time, not to exceed ten calendar days following conclusion of the hearing, the hearing officer shall make any one or more of the following determinations in a written decision (hereinafter, "order of abatement"):
(a) A finding and description of each nuisance condition at the subject property, or the non-existence thereof. In the event of a finding of non-existence of all nuisance conditions contained in the notice of abatement, the hearing officer shall cancel the notice of abatement.
(b) The name of each person responsible for a nuisance condition, or conditions, at the subject property, as well as the name of any appellant who lacks responsibility therefor.
(c) The required corrective action and completion date for each unabated nuisance condition.

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(d) Any other finding, determination or requirement that is relevant or related to the subject matter of the appeal.

2. The decision of the hearing officer is final and conclusive. The order of abatement shall also contain the following statement: "The Hearing Officer's decision is final, and judicial review of this decision is subject to the time limits set forth in California Code of Civil Procedure Sections 1094.5 et seq."

3. A copy of the order of abatement shall be served on all appellants by first class mail to the address(es) stated on the appeal form. In the event that a responsible party was originally served with a notice of abatement but was not an appellant, such responsible party shall also be served by first class mail to the address at which the notice of abatement was served (or, if the city has been provided a subsequent change of address for the responsible party, at the responsible party's current address). Failure of an appellant or a responsible party (or both) to receive a properly addressed and mailed order of abatement shall not invalidate any action or proceeding by the city pursuant to this article.

4. The failure of any appellant to comply with an order of abatement by completing each of the requisite corrective actions in the manner and time set forth in the order of abatement constitutes a misdemeanor offense punishable in accordance with chapter 1, article II of this Code.
(7) Abatement by city agents. If no appeal is filed, or if the appeal is denied following a hearing, and if the owner fails to remove or fails to cause the graffiti to be removed by the designated date, or such continued date thereafter as the enforcement officer approves, then the director of public works shall cause the graffiti to be abated by city agents, and the city agents may enter upon the premises for such purposes after obtaining a warrant authorizing the entry upon the property for abatement of the graffiti.
(Ord. No. 1581, § 5, 4-21-2008)
Sec. 50-308. Costs of abatement.

The costs of abatement shall be determined pursuant to sections 106-1152 through 106-1153 of this Code; provided, however, in the event that the cost of abatement is being assessed against a graffiti perpetrator, the calculation of the costs of abatement of graffiti shall also include the related administrative costs as provided in section 50-309. The costs of abatement shall constitute a personal obligation against the responsible parties, and may be assessed in any, or a combination, of the following manners:
(1) Special assessment or nuisance abatement lien in accordance with the provisions of sections 1-152 through 1-154, or section 106-1154 of this Code;
(2) Graffiti abatement lien or special assessment against any parcel of land owned by a minor (or a parent or legal guardian of any minor) or other person creating, causing, or committing a graffiti nuisance, as authorized by section 38772 of the California Government Code and in accordance with section 50-309 of this Code;
(3) Any other manner provided in the city's graffiti removal program (in instances where the owner or tenant of a property where a graffiti nuisance exists consents to the removal of the nuisance by city agents); and,
(4) Any other manner provided or authorized by law.
(Ord. No. 1581, § 5, 4-21-2008)
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Sec. 50-309. Abatement of graffiti by city at graffiti perpetrator's expense. (a) The cost of abatement of graffiti, as well as related administrative costs, shall become a lien against any property owned by any minor or other person creating, causing, or committing the nuisance and shall be a personal obligation of such minor or other person as set forth in Government Code § 38772. The parent or guardian having custody and control of such minor shall be jointly and severally liable with the minor and the expense of abatement of such graffiti shall be a personal obligation and become a lien or an assessment on the property of such parent or guardian.
(1) For purposes of this section, the term "related administrative costs" includes, but is not limited to, court costs, attorney's fees, and the law enforcement costs incurred by the city in identifying and apprehending the minor or other person who created, caused, or committed the graffiti or other inscribed material on property of another within the city. (b) Graffiti nuisance abatement lien.
(1) The city may collect the costs of abatement of graffiti, as well as related administrative costs, by a graffiti nuisance abatement lien upon the parcel of land owned by the minor or other person who applied graffiti to the property, or upon the parcel of land owned by the parent or guardian having custody and control of the minor.
(2) If the total costs of abatement of the graffiti and related administrative costs, as determined by the city council pursuant to section 106-1153, are not paid to the city in full within ten days after the date of the notice from the city, the city clerk may record, in the county recorder's office in the county in which the parcel of land is located, a graffiti nuisance abatement lien, which, from the date of recording, shall have the force, effect, and priority of a judgment lien. (3) Prior to the recordation of the lien, notice of the lien shall be personally served upon the person owning the lot or parcel of land upon which the lien is sought, whether such person may be the minor, other person, or parent of guardian of the minor, in accordance with California Government Code Section 38773.2. The date upon which service is made shall be entered on or affixed to the face of the copy of the notice at the time of service. However, service of such notice without such date shall be valid and effective.
(4) The graffiti nuisance abatement lien shall specify the amount of the lien, that the lien is imposed on behalf of the city, the street address, legal description, and assessor's parcel number of the parcel upon which the lien is imposed, and the name and address of the recorded owner of the parcel. (5) The lien will continue in full force and effect until the entire amount due is paid in full. (6) The graffiti nuisance abatement lien may be foreclosed by an action brought by the city. The city may recover from the parcel owner any costs incurred regarding the processing and recording of the lien and providing notice to the parcel owner as part of its foreclosure action to enforce the lien or as condition of releasing the lien upon payment.
(7) If the lien is discharged, released, or satisfied, either through payment or foreclosure, notice of the discharge shall be recorded by the city. A graffiti nuisance abatement lien and the release of the lien shall be indexed in the grantor-grantee index.
(c) Special assessment.
(1) As an alternative to the procedure set forth in subsection (b) of this section, the city may make the costs of abatement of graffiti, as well as related administrative costs, a special assessment against the parcel of land owned by the minor or other person or by the parent or guardian having custody and control of the minor, as provided in Government Code § 38773.6.

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(2) If the total costs of the abatement of the graffiti and related administrative costs, as determined by the city council pursuant to section 106-1153, are not paid to the city in full within ten days after the date of the notice from the city, the city may cause the total costs of abatement, including related administrative costs, to be charged to the owner of the subject lot or parcel on the next regular tax bill. (3) The assessment may be collected at the same time and in the same manner as ordinary municipal taxes are collected, and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary municipal taxes. All laws of the state applicable to the levy, collection and enforcement of municipal taxes shall be applicable to the special assessment. However, if any real property to which the cost of abatement and related administrative costs relate has been transferred or conveyed to a bona fide purchaser for value, or if a lien of a bona fide encumbrancer for value has been created and attaches thereon prior to the date on which the first installment of the taxes would become delinquent, then the cost of abatement and related administrative costs shall not result in a lien against the real property but shall instead be transferred to the unsecured roll for collection.
(4) Notices or instruments relating to the abatement proceeding or special assessment may be recorded. (5) Upon entry of a second or subsequent civil or criminal judgment within a two-year period finding a minor or other person described in paragraph (3) of subdivision (d) of California Government Code Section 38772 is responsible for a condition that may be abated as a nuisance pursuant to subsection (a) of this section, the court may order such minor or other person to pay treble the costs of the abatement.
(Ord. No. 1581, § 5, 4-21-2008)
Sec. 50-310. Prevention of graffiti through land use entitlements.

In approving tentative or parcel maps, subdivision maps, conditional use permits, variances, or other discretionary land use entitlements, the city shall consider imposing conditions reasonably related to the control of graffiti or the mitigation of the impacts of graffiti, or both. Such conditions may include, without limitation, any or all of the following:
(1) Installation and use of anti-graffiti materials (as approved by the director of community development, or his or her designee) on surfaces which are likely to be graffiti attracting surfaces; (2) Installation and use of landscaping to screen or provide a barrier to surfaces prone to graffiti or are likely to be a graffiti attracting surface;
(3) Installation and use of additional lighting to areas that are likely to be graffiti attracting surfaces and areas adjacent thereto;
(4) Applicant or owner shall immediately remove any graffiti at the property; (5) Right of access by city agents to remove graffiti from any surface that is open and accessible from city property, or any public right-of-way; and,
(6) Applicant or permittee to supply the city with sufficient matching paint and/or anti-graffiti material on demand for use in the abatement of graffiti by city agents. (Ord. No. 1581, § 5, 4-21-2008)
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Sec. 50-311. Reward for information.
(a) Pursuant to California Government Code § 53069.5, the City does hereby offer a reward in an amount to be established by resolution of the City Council, for information leading to the arrest and conviction of any person for a violation committed within the City of California Penal Code § 594 or 594.3 (by the use of graffiti), 640, 640.5, 640.6, or section 50-303 of this article. In the event of multiple contributors of information, the reward amount shall be divided by the Ccity in the manner it shall deem appropriate. For the purposes of this section, diversion of the offending violator to a community service program, or a plea bargain to a lesser offense, shall constitute a conviction. (b) Claims for rewards under this section shall be filed, in writing, with the city clerk. Each claim shall:
(1) Specifically identify the date, location, and kind of property damaged or destroyed, (2) Identify by name the person who was convicted, and, (3) Identify the court and the date upon which the conviction occurred. (c) No claim for a reward shall be allowed by the city council unless the city investigates and verifies the accuracy of the claim and determines that the requirements of this section have been satisfied. The investigation must determine that the claimant's information was relevant and directly responsible for the arrest and conviction of the suspect.
(d) Any person committing graffiti vandalism, and if that person is an unemancipated minor, then the parent or lawful guardian of the minor, shall be civilly liable for any reward paid pursuant to this section. (Ord. No. 1581, § 5, 4-21-2008)
Sec. 50-312. Parental responsibility.

Pursuant to California Civil Code § 1714.1(b), where graffiti is applied by an unemancipated minor, the parents or legal guardian of the minor shall be jointly and severally liable for payment of civil damages resulting from the misconduct of the minor in an amount not to exceed the amount specified in California Civil Code § 1714.1(b) as it is adjusted periodically by the Judicial Council. The parent or legal guardian of the minor shall also be civilly liable for any reward paid pursuant to section 50-311 of this article. (Ord. No. 1581, § 5, 4-21-2008)
Sec. 50-313. Penalties.
(a) Criminal penalties. Any violation of this chapter shall constitute a misdemeanor offense and subject to the penalties set forth in chapter 1, article II of this Code. (b) Additional penalties. Whenever deemed appropriate, it is the city's intent to petition a sentencing court to impose the following additional penalties or conditions of any grant or probation, diversion, deferred entry of judgment, or other court supervision (including upon a determination that a minor is to be a ward of the court as a result of committing an act of vandalism or graffiti) upon conviction:
(1) Suspension or delay in issuance of driver's license (pursuant to California Vehicle Code § 13202.6); (2) Community service and/or graffiti removal service (pursuant to California Penal Code §§ 640.6 and 1203 et seq., Welfare & Institutions Code §§ 728 and 729.8, and Vehicle Code § 42001.7); and, (3) Payment of restitution for the expenses/costs of abatement pursuant to California Penal Code § 1202.4, California Government Code § 38772, or other state law.

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(c) Cumulative remedies. The remedies provided in this Ordinance are in addition to other remedies and penalties available under provisions of other applicable city ordinances, the laws of the State of California, or the laws of the United States."
(Ord. No. 1581, § 5, 4-21-2008)
February 18, 2025 Special & Regular CC Mtg Page 250 of 424 Topic 24-Mar 24-Apr 24-May 24-Jun 24-Jul 24-Aug 24-Sep 24-Oct 24-Nov 24-Dec 25-Jan 25-Feb Total Graffiti and Sign Posting on
Public Property
Start of month 39 40 32 30 20 29 65 125 130 130 122 117 Opened 50 56 60 52 82 95 93 70 39 27 40 10 674
Closed 49 64 62 62 73 59 33 65 39 35 45 7 593
Start of month 15 25 53 23 17 25 20 37 70 73 71 53
Opened 68 59 42 56 54 49 61 89 55 49 32 12 626
Closed 58 31 72 62 46 54 44 56 52 51 50 8 584
Internal and External Requests One Year Analysis for Public Works Ending February 2025
Graffiti on Private Property
ATTACHMENT "C"
February 18, 2025 Special & Regular CC Mtg Page 251 of 424 Public Works Department | 117 Macneil Street | San Fernando, CA 91340 | (818) 898-1222 | Form # PWD-004.1 (09/2015) | Page 1 of 1

CONSENT TO ENTER

RELEASE OF LIABILITY AND WARRANTY OF WORK
TO THE CITY OF SAN FERNANDO:

The undersigned owner of the property, or agent representing the property owner at the address indicated below, the “Property”, hereby consents to entry upon the Property by personnel and equipment of the City of San Fernando Public Works Department as is necessary to perform installation or maintenance, as follows:

DESCRIPTION OF WORK TO BE PERFORMED

ADDRESS OR LOCATION OF WORK SITE
I authorize the City of San Fernando Public Works Department to enter said Property and use tools, equipment, and materials with full knowledge in order to perform above work.

I agree that the City of San Fernando and all employees, officials, agents, representatives, and sureties of the City and each of them shall NOT be responsible or liable for any injury, damage, loss, or expense to my person and/or property incurred during or arising out of entry upon my property for the above described services. I hereby release the City of San Fernando and all employees, officials, agents, representatives, and sureties of the City, and each of them, and do agree to indemnify, defend, and hold harmless the same against any and all claims, suits, causes of action, debts, demands, injuries, damages, liabilities, and manners of actions or expenses of every kind or nature incurred or arising by reason of entry upon my Property for the above described services or conducting of the above described services including, but not limited to, any personal injuries or incidental damage to shrubs or plants.

I RECOGNIZE THAT THE WARRANTY OF THE WORK PERFORMED SHALL BE IN EFFECT FOR THE SPECIFIED DURATION INDICATED BELOW, AFTER THE DATE THE WORK PERFORMED HAS BEEN COMPLETED.

I HAVE CAREFULLY READ THIS DOCUMENT AND FULLY UNDERSTAND ITS CONTENTS.

PROPERTY OWNER/AGENT NAME PHONE NUMBER

ADDRESS CITY STATE & ZIP CODE

SIGNATURE DATE

WORK COMPLETED DATE DURATION FOR WHICH AGREEMENT IS VALID Calendar Days
Business Days
February 18, 2025 Special & Regular CC Mtg
dd,D
EdΗΗ

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February 18, 2025 Special & Regular CC Mtg Page 254 of 424

AGENDA REPORT
PUBLIC WORKS DEPARTMENT 117 MACNEIL STREET, SAN FERNANDO, CA 91340 (818) 898-1222 WWW.SFCITY.ORG REVIEW: ☒ Finance Director ☒ Deputy City Manager ☒ City Manager To: Mayor Mary Mendoza and Councilmembers
From: Nick Kimball, City Manager
By: Wendell Johnson, Director of Public Works
Patsy Orozco, Civil Engineering Assistant II

Date: February 18, 2025
Subject: Consideration to Adopt a Resolution Initiating Proceedings for Fiscal Year 2025-2026 Levy of Annual Assessments for the Landscaping and Lighting Assessment District and Ordering the Engineer’s Report
RECOMMENDATION:

It is recommended that the City Council:
a. Adopt Resolution No. 8366 (Attachment “A”) initiating the proceedings for the Fiscal Year (FY) 2025-2026 Levy of Annual Assessments for the Landscaping and Lighting Assessment District; and
b. Order the preparation of the Engineer’s Report
BACKGROUND:

1. In Fiscal Year (FY) 1981-1982, the City Council established a citywide Landscaping and Lighting Assessment District (LLAD) pursuant to the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code, to cover street lighting maintenance and operational costs. The LLAD is comprised of 5,178 parcels and the assessment, based on benefit, has been levied each year since that time.

2. In April 1995, the City Council accepted staff’s recommendations to continue using the current assessment methodology with the exception of those assessments for single family corner lots, which would be based on front footage only (side yards not included). The change in assessing corner lots began in FY 1995-1996 and has continued through the present year.

3. In FY 2002-2003, the City conducted property owner protest ballot proceedings for a proposed assessment increase. The proposed increase was not approved.

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4. In FY 2003-2004, the City again submitted a proposed assessment increase to the property owners based on the LLAD’s estimated expenses and revenues. The property owners approved the proposed assessment increase and established new maximum assessment rates for the various land use classifications within the LLAD.

5. For FY 2023-2024, the LLAD Engineer’s Report determined that estimated operating and personnel costs would be $331,181. The total assessment levy of $331,181 was submitted to the Los Angeles County Assessor’s Office for processing.

ANALYSIS:

A Landscape Lighting Assessment District (LLAD) is a designated geographical area where property owners are required to pay a special assessment for the installation, operation, maintenance, and improvement of outdoor lighting within that area. The purpose of a LLAD is to improve the aesthetic appeal, safety, and security of the neighborhoods through the use of well-designed and maintained outdoor lighting. Property owners within the district typically vote to establish the district and agree to pay the assessment fees. The fees are calculated to equitably assess properties in accordance with special benefits received from improvements and to cover the cost of maintenance and operation of the lighting system within the City’s streets.

The City’s LLAD has been in effect since FY 1981-1982, under the 1972 Landscaping and Lighting Assessment District Act. The current methodology for assessments has been used since 1995 and staff will continue with the same methodology this year.

The City has awarded an administrative services agreement with Willdan Financial Services to prepare the required LLAD Engineer’s Report for Fiscal Years 2025-2030. The firm is currently under an engineering services agreement with the City and are experienced and very familiar with the City’s LLAD. The work timeline is shown in Attachment “B”, and the proposed scope of services to prepare the Report is consistent with last year’s LLAD proceedings. The proceedings will be conducted in accordance with the State of California Landscaping and Lighting Act of 1972.

The costs outlined in the Engineer’s Report for FY 2025-2026 will be included in the proposed City’s Budget and will be assessed in FY 2025-2026 after City Council consideration and approval.

City staff recommends using the same assessment methodology. The exact amounts and the assessment rate comparison will be shown in the Engineer’s Report.

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BUDGET IMPACT:

Sufficient funding has been allocated in the current FY 2024-2025 Adopted Budget within Account No. 027-344-0000-4260 (Street Lighting Fund – Operating Expenses) to cover the cost of ordering the Engineer’s Report.

CONCLUSION:

Staff recommends that the City Council direct staff to proceed with the FY 2025-2026 LLAD by adopting the resolution to initiate procedures and ordering the Engineer’s Report.

ATTACHMENTS:

A. Resolution No. 8366
B. Work Schedule
February 18, 2025 Special & Regular CC Mtg Page 257 of 424 ATTACHMENT “A”
RESOLUTION NO. 8366

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN FERNANDO, CALIFORNIA, INITIATING PROCEEDINGS FOR THE FISCAL YEAR 2025-2026

LEVY OF ANNUAL ASSESSMENT FOR THE CITY OF SAN FERNANDO

LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT, AND ORDERING THE PREPARATION OF AN ENGINEER’S REPORT PURSUANT TO THE PROVISIONS OF DIVISIONS 15, PART 2, OF THE STREETS AND HIGHWAYS

CODE OF THE STATE OF CALIFORNIA
WHEREAS, the City Council of the City of San Fernando proposes to levy the annual assessment for the Landscaping and Lighting Assessment District (hereinafter referred to as the “District”) pursuant to the provisions of Division 15, Part 2, of the Streets and Highways Code of the State of California, being the “Landscaping and Lighting Act of 1972”; and WHEREAS, the City Council of the City of San Fernando proposes that the net annual cost for improvement, maintenance and/or service of certain public facilities shall be fairly distributed among all assessable lots and parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements within the District; and WHEREAS, the provisions of said Division 15, Part 2, require a written Engineer’s Report in accordance with Chapter 3 (commencing with Section 22620).

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN FERNANDO DOES HEREBY RESOLVE, FIND, DETERMINE, AND ORDER AS FOLLOWS:

SECTION 1. The above recitals are all true and correct.

SECTION 2. WILLDAN FINANCIAL SERVICES, is hereby ordered to prepare and file with the City Council a “Engineer’s Report” relating to the 2025-2026 levy of annual assessment for said District in accordance with the provisions of Chapter 3 (commencing with Section 22620) of Part 2 of Division 15 of the Streets and Highways Code of the State of California.

SECTION 3. Upon completion, said “Engineer’s Report” shall be filed with the City Clerk who shall then submit the same to this City Council for its consideration pursuant to Section 22623 of said Street and Highways Code.

SECTION 4. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the Office of the City Clerk.

PASSED, APPROVED, AND ADOPTED this 18th day of February 2025.

Mary Mendoza, Mayor of the City of
San Fernando, California
ATTEST:

Julia Fritz, City Clerk
February 18, 2025 Special & Regular CC Mtg Page 258 of 424 RES. NO. 8366
2 CERTIFICATION
I, City Clerk of the City of San Fernando, California, do hereby certify that the foregoing is a full, true, and correct copy of Resolution No. 8366 which was regularly introduced and adopted by the City Council of the City of San Fernando, California, at a regular meeting thereof held on the 18th day of February, 2025, by the following vote of the City Council:

AYES:

NAYS:

ABSENT:

ABSTAINED:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Fernando, California, this _____ day of February 2024.

Julia Fritz, City Clerk
February 18, 2025 Special & Regular CC Mtg Page 259 of 424 ATTACHMENT “B”
Fiscal Year (FY) 2025-2026 Landscaping and Lighting Assessment District All dates are in Calendar Year 2025.

February 18 City Council adopts a Resolution initiating proceeding and ordering the preparation of an Engineer’s Report.

February 19 City Engineer authorizes Willdan Financial Services to begin work using same methodology (as used in FY 2024-2025) for the Engineer’s Report.

February 20–April 19 Prepare cost estimate and include/reference in the FY 2025-2026 street lighting budget, considering the FY 2025-2026 expenditures.

February 20-April 19 Compile parcel and zone changes for FY 2025-2026.

April 30 Willdan Financial Services submits the Engineer’s Report to the City.

May 19 Resolution approving the Engineer’s Report, declaring the intention to order the annual lighting assessment and setting a date for the Public Hearing (June 16, 2025).

May 19 Send notice of Public Hearing with a copy of the Resolution for June 6, 2025 publication (10+ days prior to Hearing).

June 16 Public Hearing - Resolution declaring the continued maintenance of City street lights and confirming the annual assessment; Resolution is authorizing the addition of special assessment to the tax bill.

August 10 Submission of direct assessment via magnetic tape to Los Angeles County Auditor-Controller; City of San Fernando 2025-2026 Landscaping and Lighting District Account No. 240.52 (signed by the City Manager).

August 10 Submit parcel exception checklist to Los Angeles County Assessor’s Office by City and Willdan Financial Services.

Note: Street lighting assessment proceedings are performed in advance so that assessments may appear in the Los Angeles County Tax Rolls the same year lighting costs are incurred, FY 2025-2026.

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February 18, 2025 Special & Regular CC Mtg Page 262 of 424

Date: February 18, 2025
Subject: Consideration to Accept Project Completion and Authorize the Recordation of a Notice of Completion for the Pioneer Park Playground Renovation Project RECOMMENDATION:

It is recommended that the City Council:
a. Accept the work completed by Great Western Recreation dba Great Western Installations Inc. for the Pioneer Park Playground Renovation Project; and b. Authorize the issuance and filing of the Notice of Completion (Attachment “A”) with the Los Angeles County Office of the Registrar-Recorder/County Clerk.

BACKGROUND:

1. On September 18, 2023, the City Council awarded a Contract Services Agreement to Great Western Recreation for the Pioneer Park Playground Renovation Project (Contract No. 2196).

The City Council directed staff to conduct community engagement to receive input from the community on the desired aspects of the project. Staff indicated that a series of community engagement meetings were planned to gather input and ideas from the community, which would be incorporated into the final playground design.

2. On September 30, 2023, staff hosted the first of three (3) community meetings to gather feedback with the aid of Pacoima Beautiful, who canvassed the Pioneer Park neighborhood and tabled at the park. This meeting was held at 10:00 a.m. on a Saturday to allow working residents the opportunity to attend. Six (6) individuals participated in this meeting.

3. On October 12, 2023, a second public meeting was held in conjunction with the regular Parks, Wellness, and Recreation Commission (PWRC) meeting. This provided the public and the PWRC, the opportunity to review and provide feedback on the proposed design. In addition to the PWRC recommendations, two (2) comments were provided by members of the public.

February 18, 2025 Special & Regular CC Mtg Page 263 of 424 Consideration to Accept Project Completion and Authorize the Recordation of a Notice of Completion for the Pioneer Park Playground Renovation Project

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4. On October 26, 2023, the final community meeting was held at the Pioneer Park Puig House.

Three (3) individuals attended and no new feedback that had not already been discussed was provided.

5. On November 9, 2023, staff presented two (2) additional playground designs to the PWRC, which incorporated the ideas gathered from the community. The PWRC considered all optional design elements put forth by residents and concurred that the most important design element that should be considered was additional shading for the playground.

6. On December 4, 2023, staff presented all design options to the City Council for final approval.

The City Council considered the feedback collected from the community engagement meetings, as well as the recommendations from the PWRC, and directed staff to return with a final design option that focused on maximum shade coverage with fewer gaps for sunlight to get through.

7. On January 16, 2024, the City Council continued the item to the February 5, 2024 Regular City Council meeting.

8. On February 5, 2024, the City Council selected playground design and shade structures for the Pioneer Park Playground Renovation Project.

9. On June 14, 2024, a Notice to Proceed with the work for the project was issued to Great Western Recreation dba Great Western Installations.

10. On January 23, 2025, the playground equipment and shade structures were installed and the City deemed the work complete by Great Western Recreation dba Great Western Installations Inc.

11. On February 8, 2025, the City had the Ribbon Cutting Ceremony and officially opened the new playground to the community.

ANALYSIS:

The Pioneer Park Playground Renovation Project aimed to transform the existing playground into a safer, more engaging, and inclusive space for the community. The updated design emphasized multi-functionality and aesthetic appeal while fostering physical activity, imaginative play, and social interaction. Key features included age-appropriate equipment, inclusive play structures, musical elements, and ample shade coverage.

The project underwent an extensive review process, beginning with community engagement meetings to gather resident input. The Parks, Wellness, and Recreation Commission (PWRC) reviewed the feedback and provided recommendations for City Council consideration. On February 18, 2025 Special & Regular CC Mtg Page 264 of 424 Consideration to Accept Project Completion and Authorize the Recordation of a Notice of Completion for the Pioneer Park Playground Renovation Project

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December 4, 2023, staff presented to City Council a report summarizing the results of the community engagement process and the PWRC’s recommendations. On February 5, 2024, City Council selected the design and shade structures for the Pioneer Park Playground Renovation Project.

The Pioneer Park Playground Renovation Project aimed to revitalize the existing playground area, making it a safer, more engaging, and inclusive space for the community. The design focused on creating a multifunctional and aesthetically pleasing environment that encouraged physical activity, imaginative play and social interaction. Key features of the renovation included age appropriate equipment, inclusive play structures, musical elements, and shade coverage.

The Pioneer Park Playground Renovation Project has been completed and is in general conformance with the approved design and installations. Project acceptance and filing the Notice of Completion allows for the project to be closed out.

BUDGET IMPACT:

The total budget for this project was $620,523 with final project costs coming in slightly under budget at $620,293. The current funding sources for the project are State per Capita Grant, LA County Measure A Grant, and American Rescue Plan Act (ARPA) Funds. A summary of the project funding is as follows:

Pioneer Park Playground Renovation Project
Funding Source Account No. Current Funding
State Per Capita Grant 010-420-0671-4600 $192,862
LA County Measure A Grant 010-423-3643-4600 $172,426
ARPA Funds 121-420-0671-4600 $255,235
Project Total Costs: $620,523
CONCLUSION:

Staff recommends the City Council accept the work completed by Great Western Recreation dba Great Western Installations Inc. for the Pioneer Park Playground Renovation Project; and authorize the issuance and filing of the Notice of Completion with the Los Angeles County Office of the Registrar-Recorder/County Clerk.

ATTACHMENT:

A. Notice of Completion
February 18, 2025 Special & Regular CC Mtg Page 265 of 424 Notice pursuant to Civil Code Section 3093, must be filed within 10 days after completion.

1. NOTICE IS HEREBY GIVEN THAT: work on the Pioneer Park Playground Renovation Project has been completed, and it is recommended that a Notice of Completion be executed and recorded

2. NAME AND ADDRESS OF OWNER: City of San Fernando, a municipal corporation, 117 Macneil Street, San Fernando, CA 91340

3. DESCRIPTION OF THE PUBLIC WORK: Design and installation of Pioneer Park Renovation Project. OMNIA Partners Cooperative Purchase Ref. No. 2017001134 consisted of the design and installation of playground and outdoor exercise equipment for the Pioneer Park Playground Renovation Project.

4. DESCRIPTION OF PROPERTY: The property on which said work of improvement was completed is in the City of San Fernando, County of Los Angeles, State of California, and is described as: Pioneer Park located at 828 Harding Avenue, San Fernando, CA 91340.

5. ACCEPTED AND COMPLETED: Work on said contract was completed and accepted on February 18, 2025.

6. NATURE OF OWNER’S INTEREST: Public Right of Way (Public Street)

7. NAME AND ADDRESS OF CONTRACTOR: Great Western Recreation DBA Great Western Installations, Inc., 975 S. State Hwy 89, Logan, UT 84321

8. DECLARATION: I, Wendell Johnson, duly appointed Director of Public Works of the City of San Fernando, have read the foregoing Notice of Completion, have made my verification on behalf of said City, and know the contents thereof to be true. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

________________________
Wendell Johnson, Director of Public Works Date
City of San Fernando, California

ACKNOWLEDGMENT
State of California )
County of Los Angeles )
On _______________ before me, Julia Fritz, Notary Public, personally appeared, Wendell Johnson who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify UNDER PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature_______________________
Julia Fritz, Notary Public (Seal)

RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:

City of San Fernando
Julia Fritz, City Clerk
San Fernando City Hall
117 Macneil Street
San Fernando, CA 91340
ATTACHMENT “A”
Space Above This Line Reserved For The Recorder’s Use
EXEMPT FROM RECORDING FEES PER GOVT CODE SECTION 6103

NOTICE OF COMPLETION
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

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February 18, 2025 Special & Regular CC Mtg Page 268 of 424

AGENDA REPORT
CITY CLERK DEPARTMENT 117 MACNEIL STREET, SAN FERNANDO, CA 91340 (818) 898-1204 WWW.SFCITY.ORG REVIEW: ☒ Finance Director ☒ Deputy City Manager ☒ City Manager To: Mayor Mary Mendoza and Councilmembers
From: Nick Kimball, City Manager
By: Erika Ramirez, Director of Community Development
Marina Khrustaleva, Associate Planner

Date: February 18, 2025
Subject: A Public Hearing to Consider Adopting a Resolution Approving the Appeal Filed by the Applicant, Midland Contractors, Inc., Overturning the Planning and Preservation Commission’s Denial of Site Plan Review No. 2024-001 and Issue a Certificate of Use to Allow for a 3-Story, 10-Unit Townhouse Style Residential Multi-Family Development and Two Detached Accessory Dwelling Units Located at 833 N. Brand Boulevard in the R-2/PD Zone
RECOMMENDATION:

It is recommended that the City Council:
a. Conduct a Public Hearing;
b. Pending public testimony, either:

1. Adopt Resolution 8365 (Attachment “A”) titled, “A Resolution of the City Council of the City of San Fernando, California, Approving an Appeal Filed by the Applicant, Midland Contractors, Inc., overturning the Planning and Preservation Commission’s Denial of Site Plan Review No. 2024-001, and issue a Certificate of Use to Allow the Development of a 3-Story, 10-Unit Townhouse Style Residential Multi-Family Dwelling Structure that Includes Two Deed Restricted Affordable Units and with Two Detached Accessory Dwelling Units at 833 N. Brand Boulevard in the Multi-Family Dwelling/Precise Development Overlay Zone (R-2/PD);
OR

2. Deny the Appeal and affirm the Planning and Preservation Commission’s Denial of Site Plan Review No. 2024-001, and of issuing a Certificate of Use for the Development of a 3-Story, 10-Unit Townhouse Style Residential Multi-Family Dwelling Structure that Includes Two Deed Restricted Affordable Units and with Two Detached Accessory Dwelling Units at 833 N. Brand Boulevard in the Multi-Family Dwelling/Precise Development Overlay Zone (R-2/PD).

February 18, 2025 Special & Regular CC Mtg Page 269 of 424 A Public Hearing to Consider Adopting a Resolution Approving the Appeal Filed by the Applicant, Midland Contractors, Inc., Overturning he Planning and Preservation Commission’s Denial of Site Plan Review No. 2024-001 and Issue a Certificate of Use to Allow for a 3-Story, 10-Unit Townhouse Style Residential Multi-Family Development and Two Detached Accessory Dwelling Units Located at 833 N.

Brand Boulevard in the R-2/PD Zone

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BACKGROUND:

1. On January 2, 2024, an application was received for a Site Plan Review (2024-001) to develop a 3-Story, 10-Unit Townhouse Style Residential Multi-Family Development, including Two (2) Deed Restricted Affordable Units, and Two (2) Detached Accessory Dwelling Units located at 833 N. Brand Boulevard in the R-2/PD Zone.

2. On August 14, 2024, the application was deemed complete and schedule for a Planning and Preservation Commission meeting to consider approval of a Certificate of Use in accordance with San Fernando Municipal Code (SFMC) Section 106-644(a).

3. On October 3, 2024, a Notice of Public Hearing was published in the San Fernando Valley Sun Newspaper and mailed to property owners of record within a 500-foot radius of the Project Site.

4. On October 14, 2024, a public hearing was held before the Planning and Preservation Commission to consider a request for the approval of Site Plan Review 2024-001 and issuance of a Certificate of Use at 833 N. Brand Boulevard. The Commission voted 3-1-1 to deny the request.

5. On October 22, 2024, an appeal of the Planning and Preservation Commission’s decision was received from Midland Contractors Inc. (“Appellant”)

6. On November 20, 2024, a Special Neighborhood Watch meeting on Housing and Zoning was held at City Hall to provide a presentation and answer questions related to state housing laws, Regional Housing Needs Assessment (RHNA), Housing Element law, and City zoning regulations.

7. On January 22, 2025, notices of the February 5, 2025, community meeting were mailed out to residents and property owners within 500 feet of the Project site.

8. On February 5, 2025, a community meeting was hosted by the applicant to present revised plans and answer questions regarding the project.

9. On February 6, 2025, a Notice of Public Hearing was published in the San Fernando Valley Sun Newspaper and mailed to property owners of record within a 500-foot radius of the Project Site to notify of the Appeal hearing scheduled on February 18, 2025. The notice was published and mailed in both English and Spanish.

February 18, 2025 Special & Regular CC Mtg Page 270 of 424 A Public Hearing to Consider Adopting a Resolution Approving the Appeal Filed by the Applicant, Midland Contractors, Inc., Overturning he Planning and Preservation Commission’s Denial of Site Plan Review No. 2024-001 and Issue a Certificate of Use to Allow for a 3-Story, 10-Unit Townhouse Style Residential Multi-Family Development and Two Detached Accessory Dwelling Units Located at 833 N.

Brand Boulevard in the R-2/PD Zone

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ANALYSIS:

A zoning code is a fundamental part of the city’s legal framework, regulating land use and development to implement the broader goals of the general plan—a long-term policy document that guides the city’s growth, land use, housing, transportation, and sustainability efforts. The zoning code dictates how properties can be used within designated zones—such as residential, commercial, industrial, or mixed-use—and may include additional regulations for historic preservation or environmental protection. It also establishes the review process for development projects, determining whether they are permitted by right or require discretionary approval under specific conditions. The City’s zoning map, included as Attachment “B,” provides a visual reference.
“By Right Approval” versus “Discretionary Approval”
In the City of San Fernando, if a proposed project is allowed by right, then it requires the applicant to submit a Site Plan Review application to ensure conformity with the Zoning Code, consistency with the general plan, any applicable specific plans, and adopted design guidelines. Conditions of approval may be placed on the project to ensure compliance is maintained for the life project.

Once the Site Plan has been deemed complete and in conformance with the above codes and legislative policies, it is approved by the Director of Community Development.

If the zone requires a Conditional Use Permit (CUP) for the proposed development’s use then the Planning and Preservation Commission approves the CUP. Conditional uses are those uses that have a special impact or uniqueness such that their effect on the surrounding environment cannot be determined in advance of the use being prosed for a particular location. Additionally, certain zones and specific uses in San Fernando also require specific approvals or actions by the Planning and Preservation Commission or other commissions. One (1) such instance is that of the Precise Development (PD) Zone. The PD zone is an overlay zone that requires the development of land to be subject to the issuance of a Certificate of Use by the Planning and Preservation Commission. These types of approvals are considered “discretionary” because the decision maker, in this case the Commission, uses judgment and deliberation to decide whether to approve or deny the project. The decision is also based on specific findings fact specified in the Zoning Code.
833 N. Brand Boulevard Development Proposal (Site Plan Review No. 2024-001).

On January 2, 2024, a Site Plan Review application was received to demolish a 1,320 sq. ft. single family residence and accessory structures for the construction of a 3-story, 10-unit townhouse style multi-family residential development with two (2) detached Accessory Dwelling Units (ADUs) and associated site improvements at 833 N Brand Boulevard. Although there are single family residences in that area, the proposed site is zoned for Multiple-Family Dwelling (R-2 Zone), which is intended to provide for medium density residential development. The R-2 Zone allows February 18, 2025 Special & Regular CC Mtg Page 271 of 424 A Public Hearing to Consider Adopting a Resolution Approving the Appeal Filed by the Applicant, Midland Contractors, Inc., Overturning he Planning and Preservation Commission’s Denial of Site Plan Review No. 2024-001 and Issue a Certificate of Use to Allow for a 3-Story, 10-Unit Townhouse Style Residential Multi-Family Development and Two Detached Accessory Dwelling Units Located at 833 N.

Brand Boulevard in the R-2/PD Zone

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for multi-family developments at a density of one (1) unit per 2,562 square feet of net lot area.

The density calculation for the proposed project is provided below under project description.

The subject property is also located with a Precise Development Overlay Zone, which was approved by the City in 1989. Pursuant to SFMC Section 106-644, development of land in a PD precise development zone for any specific use shall be subject to the issuance of a certificate of use. The Planning and Preservation Commission is the authority body that issues the certificate of use.

Project Description
The proposed development is designed with two (2) separate structures: one (1) structure contains ten (10) townhome style rental units along the length of the property and the second structure contains two (2) detached ADUs at the rear of the property. The townhome style dwelling units are three (3) stories with the first floor consisting of a garage and the second and third floor consisting of living area. Each unit has a 2-car enclosed garage, storage area (on the garage level), and a private open space area. The garages are accessible by a single driveway along the length of the property accessed from North Brand Boulevard. Front entrances are accessed from a pedestrian walkway along the side of the property, also accessed from North Brand Boulevard. The applicant has revised the site plan to relocate the building with the ten (10) townhome style dwellings from the east side of the property to the west side of the property.

This allows for vehicle entrance from front and rear of the property. Elevations have also been revised to reduce the massing of the building. Revised plans are included as Attachment “D”.

One (1) of the units will be ADA-compliant, providing an accessible route to the primary entry and one (1) additional bedroom with a bathroom on the first floor. The project development program is summarized in the table below:

Building 1
Unit 1 Unit 2 Unit 3 Unit 4 Unit 5 Unit 6 Unit 7 Unit 8 Unit 9 Unit 10 ADA
Total area
(sq. ft.)
1,935 1,825 1,825 1,825 1,825 1,825 1,825 1,825 1,825 2,285 Bedrooms 3 3 3 3 3 3 3 3 3 4
Bathrooms 3 3 3 3 3 3 3 3 3 4
Private
open
space
(sq. ft.)
150
patio
150
patio
150
patio
150
patio
150
patio
150
patio
150
patio
150
patio
150
patio
150
balcony
February 18, 2025 Special & Regular CC Mtg Page 272 of 424 A Public Hearing to Consider Adopting a Resolution Approving the Appeal Filed by the Applicant, Midland Contractors, Inc., Overturning he Planning and Preservation Commission’s Denial of Site Plan Review No. 2024-001 and Issue a Certificate of Use to Allow for a 3-Story, 10-Unit Townhouse Style Residential Multi-Family Development and Two Detached Accessory Dwelling Units Located at 833 N.

Brand Boulevard in the R-2/PD Zone

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Building 2
Unit 1 (1st Floor) Unit 2 (2nd Floor)
Total area (sq. ft.) 690 697
Bedrooms 1 1
Bathrooms 1 1
Application Review
The application required a review for compliance with a number of state laws and local regulations. Specifically, the application required Site Plan Review, a Certificate of Use pursuant to the Precise Development Zone, State Housing Accountability Act compliance, State Density Bonus Law, and State Residential Replacement Determination. A more detailed description of the process for each of these review activities is provided as Attachment “C.”

As previously mentioned, the R-2 Zone allows for one (1) unit per 2,562 square feet of net lot area. Based on the lot area of 18,000 square feet, a maximum of eight (8) units are allowed on the site. However, by proposing to designate one (1) unit as a covenant restricted unit for a Very Low Income household, the project is entitled to a 32.5% density bonus per State law, allowing up to three (3) additional units. The Applicant proposed a total of ten (10) dwelling units as part of the primary structure; eight (8) permitted by right and two (2) permitted under the Density Bonus provisions. In addition to the primary structure, two (2) detached ADUs are permitted per Government Code Section 66323(a)(3).

Originally, 1-unit was proposed as a covenant restricted unit for a Very Low Income household, however, the project will be conditioned to make two (2) of the units covenant restricted for Very Low Income under the Replacement Unit Determination law.

Although the two (2) structures fall within the by-right requirements of the Zoning Code, the Precise Development Overlay Zone requires discretionary approval of a Certificate of Use by the Planning & Preservation Commission, which is similar to a Conditional Use Permit.

October 14, 2024 Planning and Preservation Commission Meeting.

At a public hearing on October 14, 2024, the proposed development was presented to the Planning and Preservation Commission to consider the issuance of a Certificate of Use. The Commission denied the request on a vote of 3-1-1. Commission comments were related to the following concerns:

February 18, 2025 Special & Regular CC Mtg Page 273 of 424 A Public Hearing to Consider Adopting a Resolution Approving the Appeal Filed by the Applicant, Midland Contractors, Inc., Overturning he Planning and Preservation Commission’s Denial of Site Plan Review No. 2024-001 and Issue a Certificate of Use to Allow for a 3-Story, 10-Unit Townhouse Style Residential Multi-Family Development and Two Detached Accessory Dwelling Units Located at 833 N.

Brand Boulevard in the R-2/PD Zone

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• Increased density in the area;
• Increased traffic (residential and delivery);
• Parking impacts;
• Construction impacts;
• Asthma rates;
• Design; and
• Impacts to sewer and water.

Public Comments:

Public comments were provided by residents, expressing concerns about the number of units proposed, increased residential traffic, increased deliveries, impacts to parking, conjunction, height of the structures, impacts to sewer and water infrastructure, and notification. A petition signed by 122 residents opposed to the construction of the project was submitted to the Commission Secretary.

February 5, 2025 Community Meeting.

On February 5, 2025, a community meeting hosted by the Applicant was held at Las Palmas Park.

The purpose of the meeting was to provide a forum in which residents could ask questions and provide comments directly to the Applicant. There were approximately nine (9) people in attendance. Issues of concern that were expressed were in regards to parking, infrastructure and the density. Residents asked the developer to reduce the number of units and consider changing the proposed project from a for rent apartment development or a single family for sale development.

Project Modifications.

Based on community and staff feedback, the applicant relocated the residential structure from the west to the east side of the Project Site. This change improves rear access, reduces traffic on Brand Boulevard by creating two (2) entry points rather than one (1), and minimizes massing by placing the structure next to a two-story residence instead of a single-story home.

APPEAL:

On October 22, 2024, Midland Contractors Inc., timely filed an appeal, (“Appellant”), to the Planning and Preservation Commission’s denial of Site Plan Review No. 2024-001 and of issuing a Certificate of Use for the Project described above.

In summary the Appellant, Midland Contractors Inc., states that the project adheres to all the planning requirements of the R-2/PD zone, complies with the requirements of Public Works and February 18, 2025 Special & Regular CC Mtg Page 274 of 424 A Public Hearing to Consider Adopting a Resolution Approving the Appeal Filed by the Applicant, Midland Contractors, Inc., Overturning he Planning and Preservation Commission’s Denial of Site Plan Review No. 2024-001 and Issue a Certificate of Use to Allow for a 3-Story, 10-Unit Townhouse Style Residential Multi-Family Development and Two Detached Accessory Dwelling Units Located at 833 N.

Brand Boulevard in the R-2/PD Zone

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has a Notice of Exemption from a City Certified CEQA consultant. The appellant further states that they request an approval of the request since all the City provisions required to approve the project have been fulfilled.

CITY COUNCIL REVIEW AUTHORITY:

The City Council’s review authority for this appeal is governed by SFMC Section 106-79, which provides that the City Council may approve, approve with conditions, or disapprove the application and shall render its decision by resolution within 30 days after the conclusion of the hearing. In its consideration of this matter, the City Council may take the following actions:
• Approve the Appeal, overturn the Planning and Preservation Commission’s decision to Deny Site Plan Review No. 2024-001 and the Issuance of a Certificate of Use, and Issue a Certificate of Use for the Project (Staff Recommendation). • Deny the Appeal and affirm the Planning and Preservation Commission’s decision.

ENVIRONMENTAL REVIEW:

No further environmental analysis is required upon approving the Appeal as the project has been reviewed by the City for compliance with the California Environmental Quality Act (CEQA). A Class 32 – In-Fill Development Exemption (Exhibit “B” to Attachment “A”) was prepared by environmental consultant firm, Chambers Group, Inc. Based on the provided analysis, the proposed Project meets all the conditions of Class 32 categorical exemption: it is consistent with the applicable General Plan designation and all applicable General Plan policies as well as with applicable zoning designation and regulation; the proposed development occurs within the City limits on a project site of no more than five acres substantially surrounded by urban uses; the Project site has no value as habitat for endangered, rare, or threatened species; approval of the project would not result in any significant effects related to traffic, noise, air quality, or water quality; and the site can be adequately served by all required utilities and public services.

The Project does not have the potential to trigger any of the exceptions identified in CEQA Guidelines §15300.2: the project is not located in environmentally sensitive areas; there is no potential for the significant cumulative impact of successive projects; there are no unusual circumstances; the Project may not result in damage to scenic resources; the site is not on any list of hazardous waste sites; and the property does not qualify as a historic resource. Therefore, the proposed Project is exempt from further CEQA review pursuant to CEQA Guidelines section 15332, Class 32 – In-Fill Development Projects. Based on this analysis, no significant environmental effects would result from this project and the use of a categorical exemption is appropriate.

February 18, 2025 Special & Regular CC Mtg Page 275 of 424 A Public Hearing to Consider Adopting a Resolution Approving the Appeal Filed by the Applicant, Midland Contractors, Inc., Overturning he Planning and Preservation Commission’s Denial of Site Plan Review No. 2024-001 and Issue a Certificate of Use to Allow for a 3-Story, 10-Unit Townhouse Style Residential Multi-Family Development and Two Detached Accessory Dwelling Units Located at 833 N.

Brand Boulevard in the R-2/PD Zone

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The denial of the Appeal is not subject to California Environmental Quality Act (CEQA) as the action has been determined to not be considered a “project,” under CEQA as defined in Public Resources code section 21065 as the denial does not have the potential to affect the environment, nor to cause a reasonable foreseeable indirect physical change in the environment.

BUDGET IMPACT:

Adoption of Resolution No. 8365 will not impact the current Fiscal Year (FY) 2024-2025 Adopted Budget.

CONCLUSION:

Staff recommends that the City Council conduct a Public Hearing; pending public testimony, to consider approving:

1. Approve Resolution 8365 (Attachment “A”) titled, “A Resolution of the City Council of the City of San Fernando, California, Approving an Appeal Filed by the Applicant, Midland Contractors, Inc., Overturning the Planning and Preservation Commission Denial of Site Plan Review No. 2024-001, and Issue a Certificate of Use to Allow the Development of a 3-Story, 10-Unit Townhouse Style Residential Multi-Family Dwelling Structure that Includes Two Deed Restricted Affordable Units and with Two Detached Accessory Dwelling Units at 833 N. Brand Boulevard in the Multi-Family Dwelling/Precise Development Overlay Zone (R-2/PD).

Alternatively the City Council may consider to:

2. Deny the Appeal and affirm the Planning and Preservation Commission’s Denial of Site Plan Review No. 2024-001, and of Issuing a Certificate of Use for the Development of a 3-Story, 10-Unit Townhouse Style Residential Multi-Family Dwelling Structure that Includes Two Deed Restricted Affordable Units and with Two Detached Accessory Dwelling Units at 833 N. Brand Boulevard in the Multi-Family Dwelling/Precise Development Overlay Zone (R-2/PD).

ATTACHMENTS:

A. Resolution 8365 including
Exhibit “A”: Conditions of Approval
Exhibit “B”: Class 32 CEQA Exemption
B. City of San Fernando Zoning Map
C. Review Process for 833 N. Brand Boulevard
D. Original Project Plans
E. Revised Site Plan and Elevations
February 18, 2025 Special & Regular CC Mtg Page 276 of 424 RESOLUTION NO. 8365

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN FERNANDO,

CALIFORNIA, APPROVING AN APPEAL FILED BY THE APPLICANT, MIDLAND CONTRACTORS INC., OVERTURNING THE PLANNING AND PRESERVATION COMMISSION’S DENIAL OF SITE PLAN REVIEW NO. 2024-001, AND ISSUE A CERTIFICATE OF USE TO ALLOW THE DEVELOPMENT OF A 3-STORY, 10-UNIT

TOWNHOUSE STYLE RESIDENTIAL MULTI-FAMILY DEVELOPMENT, THAT

INCLUDES TWO DEED RESTRICTED AFFORDABLE UNITS AND WITH TWO DETACHED ACCESSORY DWELLING UNIT AT 833 NORTHBRAND BOULEVARD

IN THE MULTI-FAMILY DWELLING/PRECISE DEVELOPMENT OVERLAY (R-2/PD) ZONE
WHEREAS, an application was filed by Jacques Mashihi, 8671 Wilshire Blvd., Suite #610, Beverly Hills, CA 90211 (the “Applicant”), to request for the approval of a Site Plan Review and issuance of the Certificate of Use to allow demolition of a 1,320 sq. ft. single family residence and accessory structures and construction of a 3-story, 10-unit townhouse style multi-family residential development, including two (2) deed restricted affordable units, with two (2) detached Accessory Dwelling Units(ADUs) and associated site improvements at 833 North Brand Boulevard within the Multiple-Family Dwelling/Precise Development Overlay Zone (R-2/PD); and WHEREAS, the Applicant has requested approval pursuant to Section 106-644 of the City of San Fernando Municipal Code (SFMC), the R-2/PD allows for multifamily residential developments as a permitted use, and the proposed use meets the minimum development standards set forth in Section 106-967 and has been processed in accordance to Sections 106-111 to 106-113 and of the SFMC; and
WHEREAS, the proposed project is considered a “project” as defined by the California Environmental Quality Act (CEQA), Public Resources Code Section 21000 et seq.; and WHEREAS, the project has been reviewed for compliance with the California Environmental Quality Act (CEQA) and it qualifies for an exemption from further environmental review pursuant to CEQA Guidelines section 15332, Class 32 – In-Fill Development Projects; and WHEREAS, on October 14, 2024, after conducting a duly noticed public hearing on the subject application, including full consideration of the application, plans, staff report, environmental information and all testimony presented, the Planning and Preservation Commission on a vote of vote of 3-1-1, denied Site Plan Review No. 2024-001 and did not issue a Certificate of Use to allow the demolition of a 1,320 sq. ft. single family residence and accessory structures to construct a 3-story, 10-unit townhouse style multi-family residential development, including two (2) deed restricted affordable units, with two (2) detached accessory dwelling units and associated site improvements at 833 North Brand Boulevard within the Multiple-Family Dwelling/Precise Development Overlay Zone (R-2/PD); and February 18, 2025 Special & Regular CC Mtg Page 277 of 424 RES. NO. 8365
2 WHEREAS, On October 22, 2024, Midland Contractors Inc., timely filed an appeal, (“Appellant”), to the Planning and Preservation Commission’s denial of Site Plan Review No. 2024-001 and of issuing a Certificate of Use for the Project, pursuant to San Fernando Municipal Code (SFMC) Section 106-77, claiming the project adheres to all the planning requirements of the R-2/PD zone, complies with the requirements of Public Works and has a Notice of Exemption from a City Certified CEQA consultant. The appellant concludes the Appeal shall be approved as all the City provisions required to approve the project have been fulfilled; and
WHEREAS, on February 18, 2025, the City Council conducted a duly noticed public hearing on the Appeal of the Planning and Preservation Commission’s denial of Site Plan Review No. 2024-001, and issue a Certificate of Use to allow the development of a 3-story, 10-unit townhouse style residential multi-family swelling structure that includes two (2) deed restricted affordable units and with two (2) detached accessory dwelling unit at 833 North Brand Boulevard in the Multi-Family Dwelling/Precise Development Overlay (R-2/PD) zone.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN FERNANDO DOES ORDAIN AS FOLLOWS:

SECTION 1. Recitals.

The recitals above are true and correct and incorporated herein by reference.

SECTION 2. Environmental Findings
The proposed project has been reviewed by the City for compliance with the California Environmental Quality Act (CEQA). A Class 32 – In-Fill Development Exemption Memo was prepared by environmental consultant firm, Chambers Group, Inc. Based on the provided analysis, the proposed Project meets all the conditions of Class 32 categorical exemption: it is consistent with the applicable General Plan designation and all applicable General Plan policies as well as with applicable zoning designation and regulation; the proposed development occurs within the City limits on a project site of no more than five acres substantially surrounded by urban uses; the Project site has no value as habitat for endangered, rare, or threatened species; approval of the project would not result in any significant effects related to traffic, noise, air quality, or water quality; and the site can be adequately served by all required utilities and public services.

The Project does not have the potential to trigger any of the exceptions identified in CEQA Guidelines §15300.2: the project is not located in environmentally sensitive areas; there is no potential for the significant cumulative impact of successive projects; there are no unusual circumstances; the Project may not result in damage to scenic resources; the site is to on any list of hazardous waste sites; and the property does not qualify as a historic resource. Therefore, the proposed Project is exempt from further CEQA review pursuant to CEQA Guidelines section 15332, Class 32 – In-Fill Development Projects. Based on this analysis, no significant environmental effects would result from this project and the use of a categorical exemption is appropriate. Since no new significant information has been found that would impact the CEQA Exemption; no additional environmental analysis is required.

February 18, 2025 Special & Regular CC Mtg Page 278 of 424 RES. NO. 8365
3 SECTION 3. Certificate of Use Findings
Pursuant to SFMC Sec. 106-644, all procedures regarding issuance of a Certificate of Use in a Precise Development Zone, or the revocation or modification thereof, shall be governed by provisions establishing procedures related to Conditional Use Permits. Pursuant to San Fernando Municipal Code Section 106-145 the following findings shall be made for approval of a Conditional Use Permit:

Finding 1: The proposed use is one (1) (conditionally) permitted within the subject zone and complies with all of the applicable sections of this chapter.

Evidence: Pursuant to SFMC Sec. 106-387, the R-2 Multiple-Family Dwelling Zone allows for the development of multiple-family dwelling units and accessory dwelling units (ADUs) as a permitted use. The California State Density Bonus Law (Government Code Section 65915) allows for an increased density. The approval of the requested Certificate of Use would allow for the proposed entitlement of a new 10-unit residential development, including 2 deed restricted affordable units, with 2 detached ADUs.

The proposed project is also eligible for up to two (2) concessions or incentives under Density Bonus Law. This allows for the request to modify development standards that would otherwise make the project financially infeasible, or waivers from standards that would prevent the project from being built at the allowable density. This project has requested one incentive: an increase in lot coverage from 40% permitted in the R-2 zone to 42%.

Finding 2: The proposed use would not impair the integrity and character of the zone in which it is to be located.

Evidence: The City’s General Plan Land Use Element designates the Project site as Medium Density Residential land use and the site is zoned Multiple-Family Dwelling with a Precise Development Overlay Zone (R-2/PD). Pursuant to The City’s General Plan Land Use Element, future uses that are envisioned for the area include multi-family residential development.

To ensure the protection and preservation of the surrounding neighborhood, while fostering and promoting growth in the zone, the city’s standard conditions of approval would be adopted to address issues associated with noise, trash and debris, and other public nuisance conditions. Noncompliance with the adopted conditions of approval would require the City to seek corrective action from the property owner.

Finding 3: The subject site is physically suitable for the type of land use being proposed.

Evidence: The Project Site is a generally flat 18.000 sq. ft. or 0.41 acre parcel and is located on the western side of North Brand Boulevard, south of Lucas Street and north of Glenoaks Boulevard. The Project Site abuts similarly zoned properties February 18, 2025 Special & Regular CC Mtg Page 279 of 424 RES. NO. 8365
4 R-2/PD Overlay the north, west, and east. The neighboring properties to the south, across the street, are zoned R-1 Single Family Residential. Parking for the project will consist of 20 parking spaces in a garage and 2 additional guest parking spaces.

Therefore, the site is physically suitable as proposed.

Finding 4: The proposed use is compatible with the land uses presently on the subject property.

Evidence: The project site is designated by The General Plan Land Use Element as Medium Density Residential. The proposed Certificate of Use to a new 10-unit residential development, including 2 deed restricted affordable units, with 2 detached ADUs would be compatible with the present land use. Currently the site is occupied with a residential use and therefore, the proposed residential use is compatible with the land use present on the subject property.

Finding 5: The proposed use would be compatible with existing and future land uses within the zone and the general area in which the proposed use is to be located.

Evidence: The Precise Development Overlay Zone (R-2/PD) allows uses permitted in the R-2 Multiple-Family Dwelling zone where future uses include residential uses. In 1987, this block was designated for Medium Density Residential land use in the General Plan Land Use Element. On February 21, 1989, the City Council adopted Ordinance No. 1332 changing the zoning from Single-Family Residential (R-1) and Multiple-Family (R-3) to Multiple-Family Dwelling Precise Development (R-2 PD) for properties located at the area between Lucas Street, Glenoaks Boulevard, Brand Boulevard and the Alley east of Maclay Avenue. The request to allow the multi-family use would entitle the already existing project site and therefore, is compatible with the land use present on the subject property.

Finding 6: There would be adequate provisions for water, sanitation, and public utilities and services to ensure that the proposed use would not be detrimental to public health and safety.

Evidence: The existing site is adequately served by existing water, sanitation, and public utilities. Any required future improvements to infrastructure and public utilities with the change of occupancy would be required to be developed in compliance with the requirements of the city’s building and health and safety codes, including any requirements for offsite improvements and utility connections from the City’s Public Works Department.

Finding 7: There would be adequate provisions for public access to serve the subject proposal.

Evidence: The Project Site is a generally flat 18.000 sq. ft. or 0.41 acre parcel and is located on the western side of North Brand Boulevard, south of Lucas Street and north of Glenoaks Boulevard. Parking for the project will consist of 20 parking February 18, 2025 Special & Regular CC Mtg Page 280 of 424 RES. NO. 8365
5 spaces in a garage and 2 additional guest parking spaces. The site will provide shared use of the existing driveway approach off of N Brand Blvd.

Finding 8: The proposed use would be appropriate in light of an established need for the use at the proposed location.

Evidence: The proposed Project is consistent with the Housing Element Goal 2.0, Policy 2.1, which is to provide adequate housing sites to facilitate the development of a range of residential housing types in San Fernando that fulfill regional housing needs by constructing 8 new market rate housing units and 2 ADUs, while maintaining 2 Very Low Income housing unit. This will further the intent of the 6th Cycle Regional Housing Needs Assessment (RHNA), 2021-2029, as prepared by the Southern California Association of Governments and the State of California Housing and Community Development Department, which call for an addition of 1,795 housing units in San Fernando in the RHNA planning period ending in 2029.

Finding 9: The proposed use is consistent with the objectives, policies, general land uses and programs of the city's general plan.

Evidence: The City’s General Plan Land Use Element designates the Project Site as Medium Density Residential land use area, a location where future uses envisioned for the area to provide multi-family developments. The entitlement of a new 10-unit residential development, including 2 deed restricted affordable units, with 2 ADUs would meet the density standards and would meet the goals of the R-2/PD Overlay to t and supports the Housing Element Goal 2.0, Policy 2.1.

The density for this site allows for a maximum of 37 dwelling units per acre; this site measuring 0.41 acres would allow for a maximum of 8 units. Two additional units are allowed under the provisions of State Density Bonus law, and two ADUs are permitted per Government Code Sec. 66323(a)(3). Additionally, two units are required to be deed restricted to affordable households at the very low income level. Therefore, the proposal is consistent with the General Plan.

Finding 10: The proposed use would not be detrimental to the public interest, health, safety, convenience or welfare.

Evidence: The requested Certificate of Use to allow a new 10-unit residential development, including 2 deed restricted affordable units, with 2 detached ADUs will not be detrimental to the public interest, health, safety, convenience or welfare due to the fact that the proposed use will be consistent with and complement established uses within the vicinity. The proposed entitlement will provide a new paved driveway, new landscaping and new garages which will serve the tenants and provide an overall improvement to the site. With the adoption of the recommended conditions of approval for the requested Certificate of Use, the applicant would be required to provide sufficient safeguards to deter any potential public nuisance issues and protect public interest, health, safety, convenience or welfare.

February 18, 2025 Special & Regular CC Mtg Page 281 of 424 RES. NO. 8365
6 SECTION 5. Determination
Pursuant to all of the foregoing, the City Council of the City of San Fernando, California, hereby approves the appeal filed by the Appellant and overturns the Planning and Preservation Commission denial of Site Plan Review No. 2024-001 and issues a Certificate of Use, subject to conditions of approval attached hereto as Exhibit “A”.

SECTION 6. Certification of the Resolution
The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Resolution and shall cause a certified resolution to be filed in the Office of the City Clerk. This Resolution shall take effect and be in full force immediately.

PASSED, APPROVED, AND ADOPTED this 18th day of February 2025. _________________________________
Mary Mendoza, Mayor of the City of
San Fernando, California
ATTEST:
____________________________________
Julia Fritz, City Clerk
February 18, 2025 Special & Regular CC Mtg Page 282 of 424 RES. NO. 8365
7 CERTIFICATION
I, City Clerk of the City of San Fernando, California, do hereby certify that the foregoing is a full, true, and correct copy of Resolution No. 8365 which was regularly introduced and adopted by the City Council of the City of San Fernando, California, at a regular meeting thereof held on the 18th day of February, 2025, by the following vote of the City Council:

AYES:

NAYS:

ABSENT:

ABSTAINED:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Fernando, California, this _____ day of February, 2025.

Julia Fritz, City Clerk
February 18, 2025 Special & Regular CC Mtg Page 283 of 424 RES. NO. 8365
8 Exhibit A

CONDITIONS OF APPROVAL
PROJECT NO.: Site Plan Review No. 2024-001
Certificate of Use
PROJECT ADDRESS: 833 N Brand Blvd, San Fernando, CA 91340 (Assessor’s Parcel Number 2515-015-009)
PROJECT DESCRIPTION: Site Plan Review and Certificate of Use for a new 10-unit residential development, including 2 deed restricted affordable units, with 2 ADUs.

The following conditions shall be made a part of the approval of the project, and shall be complied with in their entirety, as determined by the Community Development Department:

NO. CONDITION OF APPROVAL AGENCY COMPLIANCE

VERIFICATION

GENERAL

1. This Site Plan Review and Certificate of Use are granted for the land use and development of the Property as
described in this application and any attachments
thereto, as reviewed by the Planning and Preservation
Commission on October 14, 2024, and shall be
maintained in substantial conformance with the plans
and materials, except as herein modified to comply
with these Conditions of Approval.

Planning

2. Expiration. The Site Plan Review and Certificate of Use approval to which these Conditions of Approval apply
shall expire one year from the date of final approval of said Site Plan Review and Certificate of Use if the
approval has not been exercised by submitting
construction plans to the Building Division for plan
check review. An applicant may request an extension
of said expiration date by filing a written request with the Planning Division prior to the expiration of the
approval. The Community Development Director may
grant extensions of 6 months but no more than 2 or a
total of 12 months of extended time may be given.

Planning
February 18, 2025 Special & Regular CC Mtg Page 284 of 424 RES. NO. 8365
9 3. Alterations. Any expansion to this use or exterior alterations will require the submittal of a separate
application(s) and shall be reviewed and approved
under separate permit(s).

Planning

4. Acceptance. Within 30 days of this approval, the
applicant and property owner shall certify his/her
acceptance of the conditions of approval or
modifications thereto by signing the acceptance form
and shall be bound by all of the conditions.

Planning

5. Recordation. The applicant shall provide the
Community Development Department with proof that
the conditions of approval have been recorded with
the Los Angeles Registrar Recorder/County Clerk’s
Office.

Planning

6. Indemnification. The property owner and the project
applicant, shall indemnify, protect, hold harmless and
defend the City and any agency or instrumentality
thereof, and/or any of its officers, employees and
agents from any and all claims, actions, or proceedings against the City to attack, set aside, void, annul, seek monetary damages resulting from an approval of the
City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including
actions approved by the voter of the City, concerning
the entitlement application. City shall promptly notify both the property owner and developer of any claim,
action, or proceeding to which this condition is
applicable and shall further cooperate fully in the
defense of the action. The City reserves its right to
take any and all action the City deems to be in the best interest of the City and its citizens in regard to such defense. The property owner and developer shall
defend, indemnify and hold harmless the City for all
costs and fees incurred in additional investigation or
study of, or for supplementing, redrafting, revising, or amending, any document (such as an environmental
impact report or related environmental assessment) if
made necessary through the initiation of the project.

All Depts.

7. Code Compliance. The project shall be in compliance
with all of the provisions of the San Fernando
Municipal Code. The applicant shall also comply with
all other requirements of any applicable federal, state, All Depts.

February 18, 2025 Special & Regular CC Mtg Page 285 of 424 RES. NO. 8365
10 or local law, ordinance, or regulation, including 2022 California Building, Electrical, Plumbing, Mechanical,
Energy & Green Building Standards Codes.

8. Construction Hours. Construction activity on Mondays through Fridays shall comply with the current San
Fernando City Code standards for construction of 7:00
a.m. to 6:00 p.m. In addition, any construction on
Saturday shall be from 8:00 a.m. to 6:00 p.m. Unless
otherwise allowed in the City’s Noise Ordinance, no
construction shall be allowed on Sundays and Federal
Holidays.

Building

9. Waste. All project-related solid and recyclable waste materials removal shall be in accordance with SFMC
Chapter 70 – “Solid Waste and Recyclables Collection
Services”. All trash receptacles shall be placed in a
confined area within the property out of sight of the
public right of way as well as off of public property
except for trash collection activities. The property shall provide adequate trash and recycling capacity and
shall comply with Assembly bills 939, 1826 and 341
waste diversion goals. Please contact Brianna N. Solis
at [email protected] to ensure collection
services are provided.

Public Works

10. Property Maintenance. The subject site and its
immediate surrounding area shall be maintained in a
clean, neat and orderly manner at all times and shall
comply with the property maintenance standards as
set forth in the San Fernando City Code.

Code
Enforcement

11. Landscape. All proposed on-site and off-site plantings shall be kept in a healthy and growing condition,
consistent with the design of a landscaping and
irrigation plan approved by the Community
Development Department. Fertilization, cultivation,
tree pruning shall be a part of regular maintenance.

Good horticultural practices shall be followed in all
instances.

Planning,
Code
Enforcement

12. Signage. No signage shall be allowed on the property.

The only allowable signage permitted on a temporary
basis shall be “For Lease” signage to indicate a vacancy at the property.

Planning
February 18, 2025 Special & Regular CC Mtg Page 286 of 424 RES. NO. 8365
11 13. Graffiti. The property owner shall remove any graffiti from the project site within 24 hours of its occurrence, or as requested by the City.

Police /
Public Works

14. Site Inspections. The Community Development
Department shall have the authority to inspect the site to assure compliance with these conditions of
approval. The applicant and all successors shall grant
the right of access to authorized agents of the City of San Fernando to conduct periodic inspections of the
property.

Planning,
Building,
Code
Enforcement

15. A copy of these conditions of approval shall be printed on the building construction plans.

Building
Prior to Issuance of a Building Permit
(NOTE: Additional comments may be added during Plan Check)

16. Replacement Unit Determination. Pursuant to SB 330/ SB 8 / AB 1218 and the requirements of Government
Code Section 66300.6, the City performed an
affordability analysis of two existing rental units. Based on this analysis, the proposed development shall
provide 2 units of comparable size restricted to Very
Low Income households. The 2 affordable units shall
be identified on the plans.

Planning

17. Affordable Housing Agreement. An Affordable
Housing Agreement must be executed with the City
recorded with the Los Angeles County Registrar /
Recorder prior to the issuance of building permits.

Planning

18. ADA Compliance. Increase the width of the staircase leading to the 2nd floor in the ADA unit to ensure its
adaptability to accommodate a wheel-chair lift if
needed.

Planning

19. Quimby Fee. The City's residential development fee for parkland acquisition or enhancement ("Quimby fee")
shall be paid in full. The required development fee is
calculated with a formula: land value per square foot
times number of dwelling units times 235 square foot
per unit. Staff will establish land value by either an
independent appraisal (at the applicant's expense) or
by the applicant providing the City with satisfactory
proof of purchase.

Planning
February 18, 2025 Special & Regular CC Mtg Page 287 of 424 RES. NO. 8365
12 20. Construction Plans. The submitted plans must be
stamped and signed by an architect or engineer
licensed in the State of California (Business &
Professions code Sections 5537, 5538 & 6737.1).

Building

21. Grading Permit. All grading shall conform to the 2022 California Building Code, and all other relevant laws,
ordinances and resolutions governing grading as
adopted by The City of San Fernando. The applicant
shall be submit geotechnical and/or soils reports to the Building & Safety Department for review and approval
to obtain a grading permit prior to commencing any
grading or site excavation.

Building,
Public Works

22. Grading & Paving Requirements. This project must
comply with all Grading & Paving requirements
designated in the California Green Building Standards
Section 5.106.10 These include the following:
• Swales
• Water collection & disposal systems
• French drains
• Water retention gardens
• Other measures which keep surface water away
from other buildings.

Building

23. A Drainage Study of the site shall be performed and any improvements necessary to prevent runoff from
any future development onto adjacent properties shall
be provided or ensured by a bond.

Public Works

24. Soil Contamination. The applicant shall verify to the City's satisfaction that there is no existing
contamination of soil on the site.

Building

25. A Landscape and Irrigation Plan shall be submitted in compliance with the latest State Model Water Efficient
Landscape Ordinance (MWELO) and the City’s Water
Efficient Landscaping regulations in Division 5 and
Section 70-147 of the San Fernando Municipal Code
(SFMC). The Landscape and Irrigation Plan shall include both on-site and off-site landscaping and irrigation
with details of but not limited to, plant species, size, count, ground cover, and hardscape material. The plan
shall also show two trees on the parkway (see Public
Works Condition #20).

Building,
Public Works
February 18, 2025 Special & Regular CC Mtg Page 288 of 424 RES. NO. 8365
13 26. Fences and Walls. A complete fence and wall plan shall be submitted with plans for approval. Include
details of footing, materials, etc.

Planning,
Building

27. An Exterior Lighting Plan including the manufacturer’s specifications of the outdoor light fixtures, location, height, and method of shielding on the property, with
electrical & energy calculations. All exterior lighting must be shown on Exterior Elevation Plans.

Building

28. A complete ADA Plan (interior & exterior). Include path of travel, stripping, dimensions, signage, etc.

Building

29. Fire Sprinklers. This project shall have fire sprinklers and comply with all relevant laws, ordinances &
resolutions governing fire sprinklers as adopted by the City of San Fernando (Current Building Codes apply).

Building

30. Demolition Permit. A demolition permit for existing structures must be obtained with The City of San
Fernando Building & Safety Department prior to any
onsite demolition. The demolition shall comply with all applicable building and safety code requirements and
clearance shall be obtained from the South Coast Air
Quality Management District ("SQAQMD") prior to any
demolition, excavation or renovation.

Call (909) 396-2000 for further information. Failure to comply with the provisions of Rule 1403 may result in
a penalty of up to $25,000 per day.

Building

31. Fire Department. Apply to the City of Los Angeles Fire Department, Fire Life Safety Unit and Hydrants and
Access Unit at FIMS website (lafd.org) and provide
their conditions to the City of San Fernando Planning
Division. Register online using the property address of 222 N. Fremont Ave., Los Angeles, CA 90012. After
that, you can enter the correct address in the project
description; it will be updated and flagged internally.

Upload San Fernando application and set of plans as
an attachment.

Building
Planning

32. Fees. A proof of payment of school fees and Public
Works fees shall be provided to the Building Division.

Public Works
LAUSD
Building
February 18, 2025 Special & Regular CC Mtg Page 289 of 424 RES. NO. 8365
14 Prior to Issuance of a Certificate of Occupancy

33. Public Works Requirements. The property owner shall comply with the requirements for development and
improvement of the site as listed in the attached
“Public Works Department Development /
Improvement Review Checklist.” (See Attachment 1).

Contact person: Patsy Orozco, 818-898-1224,
[email protected]
Public Works

34. Utilities. All on-site utilities shall be located
underground. Applicant shall provide any easements
as necessary. Overhead utility facilities and
distribution lines located on the site or off-site
adjacent to the perimeter of the site shall be removed
and/or placed underground unless determined to be
unfeasible by Community Development Department.

The applicant shall comply with all development
standards and health and safety requirements or
guidelines of any relevant utility company, the Public
Utilities Commission and the City of San Fernando
("City") relating to construction or residential
occupancy in proximity to any remaining overhead
utility distribution facilities, and to the design of new utilities placed underground or elsewhere.

Planning,
Public Works

35. Electrical equipment. Electrical distribution
facilities/equipment (transformers, load centers,
panel boxes and meters, major conductors,
underground conduits, etc.) shall be designed/located
in conformance with California Public Utilities
Commission recommendations for "prudent
avoidance" of exposures of dwelling unit occupants to
power frequency electromagnetic fields (EMF) that are
above background levels.

Building

36. Surface Runoff. All requirements of the National
Pollutant Discharge Elimination System (NPDES) shall
be complied with and an NPDES permit, including but
not limited to the installation of any required clarifiers and/or on-site infiltration system, must be obtained
prior to any occupation or use of the site. During
construction, the project site shall comply with all
applicable Best Management Practices (BMPs).

Public Works

37. Tree Protection. Provide a Tree Protection Tree for the Building February 18, 2025 Special & Regular CC Mtg Page 290 of 424 RES. NO. 8365
15 existing Camphor Tree to ensure its health and safety during the construction.

38. Anti-graffiti Coating. The property owner shall apply two coats of anti-graffiti paint on all exterior building walls.

Building,
Code
Enforcement

39. Outdoor Lighting. Provide sufficient lighting for
outdoor areas. Pedestrian walkways, back lanes and
access routes open to public spaces should be lit so
that a person with normal vision is able to identify a
face from a distance of about 10 meters. Light fixtures should be protected against casual vandalism by
means of vandal resistant materials and design.

Police

40. Security surveillance cameras and video recording
system shall be installed on the exterior of the building with view directed towards the streets. The cameras
and recording system shall be of adequate quality,
color rendition, resolution to allow the identification of any individual present on the site and have the
ability to capture and retain recordings for a minimum
of 30 days.

Police

41. Final Inspection. A final inspection shall be conducted by the Planning Division to ensure the development
complies with the approved site plan review and all
conditions attached thereto.

Planning

42. Modifications. Unless the chief Community
Development Director deems a proposed change to
the approved plans and operation a minor
modification, any and all other modifications to the
development plan, including these conditions of
approval, shall require review and approval by the
Planning and Preservation Commission.

Planning
Attachment 1: Public Works Checklist
February 18, 2025 Special & Regular CC Mtg Page 291 of 424 NOE Justification Report
Multi-Family Residential Development in San Fernando, CA Notice of Exemption (NOE)
The City of San Fernando (City), asthe Lead Agency under the California Environmental Quality Act (CEQA), proposes to construct a Multi-Family Residential Development Project in San Fernando, California (Proposed Project).

Project Location: The Project site is located at 833 North Brand Boulevard, San Fernando, CA 91340.

Description of Project: Midland Contractors, Inc. is proposing to develop a small (12-unit) multi-family residential development located at 833 North Brand Boulevard, San Fernando, CA 91340-1412. Nine units will be standard, one unit will be designated for affordable housing at a very low income level, and two units will be Accessory Dwelling Units (ADUs). Open space will be provided totaling 1,000 square feet. The City has preliminary determined the Project may meet the criteria for an Article 19 Section 15332 Class 32 Infill Development Project Categorical Exemption (CE).

Project Schedule: The Proposed Project is expected to break ground in December 2024 and be completed by December 2025. Construction activities will take place between the hours of 7:00 a.m. and 6:00 p.m. on Monday-Friday, 8:00 a.m. to 6:00 p.m. on Saturday, and will not take place on Sunday or a Federal holiday.

Reason Why Project is Exempt:

The proposed activity is a project subject to CEQA. However, it is exempt from further environmental analysis under a Class 32 In-Fill Development Projects (CEQA Guidelines § No. 15332). • Class 32 categorical exemption consists of projects as in-fill development meeting the following conditions:
o The project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation andregulations. o The proposed development occurs within the city limits on a project site of no more than five acres substantially surrounded by urban uses.
o The project site has no value as habitat for endangered, rare, or threatened species. o Approval of the project would not result in any significant effects related to traffic, noise, air quality, or water quality.
o The site can be adequately served by all required utilities and public services.

The Multi-Family Residential Development in San Fernando, CA Project meets all the conditions of Class 32 categorical exemption. The Proposed Project does not have the potential to trigger any of the exceptions identified in CEQA Guidelines §15300.2. Consequently, as documented below, the Proposed Project is exempt from further CEQA review.
(a) Location. The improvements will occur entirely within the city limits which is located in an urbanized community. The Projectsite is 0.41 acres. The Projectsite is located within the MultipleFamily Dwelling / Precise Development Overlay Zone (R-2 PD) (City, 2019). The existing conditions on the Project site are disturbed, including a 1,320 sq. ft. single-family house and two accessory structures. Minor ground disturbance would occur during construction but would be limited to previously disturbed surfaces. The Proposed Project would not impact environmentally sensitive areas or an environmental resource of hazardous or critical concern. This exception does not apply to the Proposed Project.

RES. NO. 8365
EXHIBIT "B"
February 18, 2025 Special & Regular CC Mtg Page 292 of 424 NOE Justification Report
(b) Cumulative Impact. As further discussed below under (c) Significant Effects, the Proposed Project would not have a significant effect on the environment, including those due to unusual circumstances. The Proposed Project would use a previously disturbed lot to develop family housing that is consistent with the R-2 Zoning Code and adopt the San Fernando Design Guidelines for Multi-Family Residential Development. The Proposed Project would increase family housing in the area. Accordingly, since the Proposed Project would not result in any significant environmental impacts, project implementation would not add appreciably to impacts of any existing or foreseeable future projects (City of San Fernando, 2024) that could result in a significant cumulative impact. Any incremental impacts, if any, would be negligible. Potential future projects would be required to conduct a separate environmental analysis and mitigate any potential impacts to less-than-significant levels. The Proposed Project would not result in any significant cumulative impacts. This exception does not apply to the Proposed Project. (c) Significant Effect. The construction of family housing in an area that includes multi-family and single-family residences is not considered an unusual circumstance. The Project site is currently a single-family home. The Proposed Project would follow design guidelines designated by the City and would not appear visually incompatible with existing equipment and accessories on the Project site. Normal operations will be similar and consistent with current uses surrounding the Project site. The Proposed Project is located within a disturbed, urbanized environment and will not involve the removal of any vegetation or scenic trees, nor would it impact any scenic vistas within the immediate area. Impacts to traffic, noise, air quality, and water quality are described below:

Traffic: Per the Institute of Transportation Engineers (ITE) Trip Generation Manual 11th Edition (2021), the Proposed Project would generate 88 average daily trips. The average daily trips are calculated using the ITE trip generation factor for low-rise multi-family residential units of 7.32 average daily trips per unit. Small projects that generate fewer than 110 daily trips are determined to have a less-than-significant transportation impact and do not require further study (OPR, 2018).

Noise: The City’s Noise Ordinance is included in Chapter 34 Article II of the City’s Municipal Code.

Per the Municipal Code, the maximum permissible ambient noise level for residential uses shall not exceed 55 dBA between the hours of 7:00 a.m. and 10:00 p.m. and 50 dBA between the hours of 10:00 p.m. and 7:00 a.m. Operational noise levels would be similar to existing levels, would not exceed noise levels of typical residential communities, and would be required to comply with the noise levels identified in the Municipal Code. Additionally, construction of the Proposed Project would be required to occur outside of the hours of 6:00 p.m. and 7:00 a.m. on weekdays and 6:00 p.m. and 8:00 a.m. on Saturdays, or at any time on Sundays or on federal holidays. The construction noise would be required to remain under 70 dB at the property line.

The City’s General Plan Noise Element (1987) identifies the Project site experiences a Community Noise Equivalent Level (CNEL) in between 65 and 70. Due to the Project site’s proximity to N.

Maclay Avenue and Glenoaks Boulevard, both classified as Major Arterials, and proximity to nearby commercial and industrial uses, it is unlikely that the Proposed Project would result in a significant noise impact. Compliance with the City’s Noise Ordinance and proximity to nearby high levels of ambient noise would reduce any impact associated with noise to less than significant.

Air Quality: Construction would result in a temporary increase of emissions and operational emissions would be similar to existing conditions and typical of residential development. The South Coast Air Quality Management District (SCAQMD) established screening tables for identifying projects that would result in potentially significant impacts associated with air quality.

RES. NO. 8365
EXHIBIT "B"
February 18, 2025 Special & Regular CC Mtg Page 293 of 424 NOE Justification Report
Per the SCAQMD CEQA Handbook (1993), multi-family projects with fewer than 261 units are generally assumed to result in less than significant air quality impacts. Additionally, SCAQMD has developed sample construction scenarios designed to be used by local lead agencies as models or templates for analyzing construction air quality impacts for projects undergoing an environmental analysis under. The sample construction scenarios have been developed to generically represent a broad range of project types that occur in the district, e.g., commercial, residential, educational, etc.). The sample construction scenario is divided into five non-overlapping phases: demolition, site preparation, grading, building, and architectural coatings and paving. The construction scenarios can be used in their entirety to represent similar construction for similar projects. The construction scenarios are based on actual numbers of construction equipment and activity (hours of operation, area disturbed, dirt and debris handled, etc.) obtained from construction site surveys. The one-acre sample construction scenario which reflects construction of a one-acre site with residential uses resulted in less than significant impacts associated with air quality impacts during construction (SCAQMD 2024). The Proposed Project size is less than one-acre and it can be reasonably assumed that the Proposed Project would result in less than significant air quality impacts.

As discussed above, SCAQMD has determined that residential projects similar in scope and size would not result in significant impacts associated with air quality.

Water Quality: According to the Regional MS4 Permit (Order No. R4-2021-0105), construction sites less than one-acre are required to implement an effective combination of erosion and sediment control best management practices (BMPs) (e.g. wind erosion controls, perimeter controls, water conservation practices, spill prevention and control) to prevent erosion and sediment loss and the discharge of construction waste. The Project site is small (0.41 acre) and would comply with Article III, Section 34-96 of the City’s Municipal Code which requires owners or developers to implement stormwater pollution control requirements for construction activities. The Proposed Project would connect to the existing water lines and would not have an impact on groundwater supplies. Implementation of BMPs associated with MS4 Permit requirements and adherence to City requirements, the Project’s construction-related activities would not violate any water quality standards or otherwise substantially degrade surface or groundwater quality.

Therefore, no reasonable possibility exists that the Proposed Project would have a significant effect on the environment due to unusual circumstances. (d) Scenic Highways. The Proposed Project isthe construction of a new facility that would not directly or indirectly affect an officially designated scenic highway or scenic resources near a scenic highway. Therefore, this exception does not apply to the Proposed Project. (e) Hazardous Waste Sites. The Proposed Project has not been designated as a hazardous waste site (SWRCB 2024, DTSC 2024). There are no listed hazardous waste sites located immediately adjacent to the Project site (SWRCB 2024, DTSC 2024).
(f) Historical Resources. The Proposed Project includes the construction of 12 residential units. The house currently located within the Project site was initially identified as an eligible historic resource (City 2002); however, after the Survey, the structure has been significantly altered, has lost its integrity and does not qualify as a historical resource anymore. Therefore, it is reasonable to assume that the Proposed Project is not determined to be a historically significant site. Should human remains be uncovered during Proposed Project activities, as specified by State Health and RES. NO. 8365
EXHIBIT "B"
February 18, 2025 Special & Regular CC Mtg Page 294 of 424 NOE Justification Report
Safety Code Section 7050.5, no further disturbance shall occur until the Los Angeles County Coroner has made a determination of origin and disposition pursuant to Public Resources Code 5097.98.

References:

California Department of Toxic Substances Control (DTSC) 2024 Envirostor Database. at:
https://www.envirostor.dtsc.ca.gov/public/map/?myaddress=833+North+Brand+Boulevard%2C +San+Fernando%2C+CA+91340
California State Water Resources Control Board(SWRCB)
2024 Geotracker database. at:
https://geotracker.waterboards.ca.gov/map/?CMD=runreport&myaddress=833+North+Brand+ Boulevard%2C+San+Fernando%2C+CA+91340
City of San Fernando (City)
2002 City of San Fernando Historic Resources Survey (on file at the Community Development Department)
2005 General Plan Historic Preservation Element. at: https://ci.san-fernando.ca.us/wpcontent/uploads/2015/11/Historic-Preservation-Element-with-adoption-date.pdf 2019 City of San Fernando Zoning Map. at: https://ci.san-fernando.ca.us/wpcontent/uploads/2020/01/City-of-San-Fernando-Zoning-Map.pdf 2024 San Fernando Major Projects and Programs. at: https://ci.san-fernando.ca.us/citysmajor-projects-programs/ Institute of Transportation Engineers
2021 Trip Generation Manual, 11th Edition
Office of Planning and Research
2018 Technical Advisory on Evaluating Transportation Impact in CEQA at:
https://opr.ca.gov/docs/20190122-743_Technical_Advisory.pdf South Coast Air Quality Management District
1993 California Environmental Quality Act Air Quality Handbook 2024 Localized Significance Thresholds, Appendix A – One Acre Site Example. At:
https://www.aqmd.gov/home/rules-compliance/ceqa/air-quality-analysis-handbook/localizedsignificance-thresholds RES. NO. 8365
EXHIBIT "B"
February 18, 2025 Special & Regular CC Mtg Page 295 of 424 ATTACHMENT "B"
February 18, 2025 Special & Regular CC Mtg Page 296 of 424 ATTACHMENT “C”
Application Review Process re: 833 N. Brand Boulevard
Site Plan Review.

According to SFMC Sec. 106-111, the purpose of the Site Plan Review procedure is to ensure conformity with the provisions of the Zoning Code and adopted Design Guidelines. The maximum lot coverage for the R-2 zone is 40%. The proposed project exceeds the maximum by 2%; however, the application includes a request to waive the standards as an incentive in accordance to the requirements of State Density Bonus law.

Precise Development Zone Approval Procedure.

Pursuant to SFMC Sec. 106-644, development of land in a Precise Development Zone (PD) for any specific use shall be subject to the issuance of a Certificate of Use. Only those uses permitted in the zone to which the PD precise development overlay zone is added shall be permitted under conditions of this division. All procedures regarding a Certificate of Use in a Precise Development Zone, or the revocation or modification thereof, shall be governed by provisions establishing procedures related to Conditional Use Permits.

The Planning and Preservation Commission shall have the authority, as an administrative act, subject to the provisions of this section, to require conditions of development in addition to those required by the zone, where it is determined that such conditions are necessary to further the objectives of the general plan and are in harmony with the intent, purpose and spirit of the Zoning Code and/or where such additional requirements are deemed essential to protect the public safety and general welfare of the community. All special conditions established by the commission in accordance with this section may be appealed to the council.

Housing Accountability Act.

Pursuant to the State Housing Accountability Act (Governmemt Code Section 65589.5), a local government must approve a housing development project that complies with all objective rules in the general plan, zoning ordinance, subdivision ordinance, and design standards. The government must approve the project at the proposed density. The only exception is if the local government makes written findings that (1) the project will have a specific, adverse impact on public health or safety, and (2) there is no way to mitigate the adverse impact other than by disapproving the project or conditionally approving it at a lower density. These written findings must be based on a preponderance of the evidence in the record. The health or safety impact identified must be significant, quantifiable, and direct, and it must be based on identified written public health or safety standards.

Density Bonus Law.

The California State Density Bonus Law (Government Code Section 65915) is a housing policy designed to encourage the development of affordable housing by offering developers increased density and other incentives. Under this law, developers can build more units than normally allowed by local zoning laws if they include a certain percentage of affordable housing in their projects. The law also provides other benefits, such as reduced parking requirements or waivers of certain design standards, to make it easier for developers to build.

February 18, 2025 Special & Regular CC Mtg Page 297 of 424 ATTACHMENT “C”
The project proposes one unit designated as a Very Low-Income Affordable unit, which triggers a Density Bonus Review in accordance with Division 15 of Article VI of the Zoning Code. Under this provision, the project must utilize the Density Bonus, incentives, and waivers, with the affordable unit subject to a covenant lasting a minimum of 55 years. An affordable housing agreement must also be executed with the City, which will be a condition of project approval and must be in place prior to the issuance of building permits.

With one (1) Very Low-Income unit out of the eight (8) units permitted under the zone density of 6-17 dwelling units per acre (10% of the allowable units), the project qualifies for a 32.5% density bonus. Very Low-Income category is an annual income of $43,950 for a household of four (4) individuals. The annual income goes up incrementally with each additional person in the household.

The project is also eligible for up to two (2) concessions or incentives to modify development standards that would otherwise make the project financially infeasible, or waivers from standards that would prevent the project from being built at the allowable density. However, the applicant has requested only one incentive: an increase in lot coverage from 40% permitted in the R-2 zone to 42%.

Replacement Unit Determination
In 2021, SB 330 was amended and SB 8 was signed into California law, which establish standards relating to the replacement of residential units that will be demolished for a housing development project. This requires the City to determine the level of affordability of the housing unit that is to be demolished and to determine if it may be required to be replaced at the determined level of affordability.

State law creates a rebuttable presumption that lower income, low income, or very low-income households occupied these units in the same proportion that Lower Income, Low Income, or Very Low-Income households to all renter households within the jurisdiction as determined by the most recently available data from the United States Department of Housing and Urban Development’s (HUD) Comprehensive Housing Affordability Strategy database. The level of affordability depends on the status of the unit (occupied, unoccupied, vacated, or demolished).

In the case of the proposed project there are two rental residential dwelling units that have been deemed as protected by the process described above. As a result the proposed development will be conditioned to provide two (2) units of comparable size restricted to Very Low Income households.

February 18, 2025 Special & Regular CC Mtg Page 298 of 424 T - 1
1) SCOPE OF WORK:
a) DEMOLISH OF THE EXISTING SINGLE FAMILY HOME AND ACCESSORY STRUCTURES. b) PROPOSED 3 STORY 10 TOWNHOME + 2 ADU INCLUDING ONE STREET LEVEL GARAGE 2) PROPERTY ADDRESS: 833 N BRAND BLVD. SAN FERNANDO, CA 91340 3) OWNER: BRAND ESTATE LLC
4) PROJECT ARCHITECT: WEST PACIFICA DESIGN CONSTR. INC. - JACQUES MASHIHI, AIA 5) PROPERTY ZONE: R2-PD
6) DENSITY ANALYSIS:
8 BASE DENSITY UNITS (18,000SF/2,562) + 2 DENSITY BONUS UNITS 1 VERY LOW INCOME AFFORDABLE UNIT= 10% AFFORDABLE UNITS (0.10 X 8 = ~1 UNIT) = 32.5% DENSITY BONUS = 8 X 0.325 = 2.6 ADDITIONAL UNITS ROUNDED UP PER CA GOVT. CODE SECTION 65915)ALLOWS FOR UP TO THREE (3) ADDITIONAL UNITS 9 MARKET RATE AND 1 VERY LOW AFFORDABLE UNIT AND 2 ADUS 7) LOT SIZE BASED ON SURVEY: 18,000 SQ. FT.
8) TOTAL OPEN SPACE REQUIRED: # OF UNITS x 100 = 10 x 100 = 1,000 SQ. FT.

TOTAL OPEN SPACE PROVIDED: 1,000 SQ. F.T @ REARTOTAL LANDSCAPED OPEN SPACE PROVIDED: 250 SQ. FT. 9) TOTAL REGULAR PARKING PROVIDED: 20 (2 PER UNIT)
TOTAL GUEST PARKING PROVIDED: 2
10) BUILDING FOOTPRINT: 42% (REQUIRING INCENTIVE FOR ADDITIONAL 2%).11) NOTE: THE DRAINAGE PLAN WILL BE PROVIDED BY THE ENGINEER LEGAL DESCRIPTION:

OBJECTID 5892
AIN 2515015009APN 2515-015-009
SITUSHOUSENO 833SITUSFRACTIONSITUSDIRECTION NSITUSUNITSITUSSTREETBRAND BLVDSITUSADDRESS 833 N BRAND BLVDSITUSCITY SAN FERNANDO CASITUSZIP 91340-1412SITUSFULLADDRESS 833 N BRAND BLVDSAN FERNANDO CA 91340 TAXRATEAREA 00660TAXRATECITYSAN FERNANDO
UNIT 101UNIT 103UNIT 105UNIT 107UNIT 109UNIT 111UNIT 113UNIT 115UNIT 117UNIT 119UNIT 121UNIT 123 3 BEDROOM3 BEDROOM3 BEDROOM3 BEDROOM3 BEDROOM3 BEDROOM3 BEDROOM3 BEDROOM3 BEDROOM 4 BEDROOM
1 BEDROOM1 BEDROOM
1,935 SQ. FT.1,825 SQ. FT.1,825 SQ. FT.1,825 SQ. FT.1,825 SQ. FT.1,825 SQ. FT.1,825 SQ. FT.1,825 SQ. FT.1,825 SQ. FT. 2,285 SQ. FT.
690 SQ. FT. 697 SQ. FT.

ADA
ADU #1
ADU #2
UNIT # # OF BEDROOM UNIT AREA DESCRIPTION
TOTAL: 12 UNITS
---------

UNIT TABLE
$77$&+0(17"D"
February 18, 2025 Special & Regular CC Mtg

Page 299 of 424 ends

X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X

X X X X X X X
X X X

X X X X X X

X X X X X X X X

X X X X X X X X X X X

X X X X X

X X X X X X X X X X X X X X
GATE
GATE
GATE
GATE
X X X
February 18, 2025 Special & Regular CC Mtg

Page 300 of 424 ends

PROPOSED SITE PLAN
SCALE: 3/32"=1'-0"

DRIVEWAY DRIVEWAY

DRIVEWAY

PEDESTRIAN

TRASH & RECYCLE
64 SQ. FT.

TRANSFORMER

ELECTRICAL METER
GUEST PARKING 02GUEST PARKING 01
STD 01STD 01

PLANTER BOX
AREA: 187 S.F.

PLANTER BOX
AREA: 37 S.F.

PATH OF ACCESS FOR

RECYCLING COMPANY

UNIT UNIT UNIT UNIT UNIT UNIT UNIT UNIT UNIT
101
UNIT 119
(ADA)
UNITS
121 & 123
(ADUs) 117 115 113 111 109 107 105 103
X
XX

PROPERTY LINE PROPERTY LINE

PROPERTY LINE

BUILDING LINE ABOVE BUILDING LINE ABOVE

BUILDING LINE ABOVE BUILDING LINE ABOVE BUILDING LINE ABOVE 150 SQ. FT.

PRIVATE

OPEN SPACE
150 SQ. FT.

PRIVATE

OPEN SPACE
150 SQ. FT.

PRIVATE

OPEN SPACE
150 SQ. FT.

PRIVATE

OPEN SPACE
150 SQ. FT.

PRIVATE

OPEN SPACE
150 SQ. FT.

PRIVATE

OPEN SPACE
150 SQ. FT.

PRIVATE

OPEN SPACE
150 SQ. FT.

PRIVATE

OPEN SPACE
150 SQ. FT.

PRIVATE

OPEN SPACE
OPEN
SPACE
1,000
SQ. FT.

PLANTER BOX PLANTER BOX
AREA: 187 S.F. AREA 187 S F

PLANTER BOX TE AN P OX B ER NT LA XOB RETNALP
AREA: 37 S.F. A: RE A F. S 73 A: RE A
OPEN
SPACE
1,000
SQ. FT.

PROPOSED BUILDING FOOTPRINT
TOTAL LOT AREA: 18,000 SQ. FT.TOTAL BUILDING FOOTPRINT (INCLUDING ADU) : 7,557 SQ. FT.TOTAL BUILDING FOOTPRINT PERCENTAGE: %42

PROPERTY LINE PROPERTY LINE

PROPERTY LINE

DRIVEWAY DRIVEWAY

DRIVEWAY

PEDESTRIAN

TRASH & RECYCLE
64 SQ. FT.

TRANSFORMER

ELECTRICAL METER
GUEST PARKING 02GUEST PARKING 01
STD 01STD 01

PLANTER BOX
AREA: 187 S.F.

PLANTER BOX
AREA: 37 S.F.

PATH OF ACCESS FOR

RECYCLING COMPANY

UNIT UNIT UNIT UNIT UNIT UNIT UNIT UNIT UNIT
101
UNIT 119
(ADA)
UNITS
121 & 123
(ADUs) 117 115 113 111 109 107 105 103
150 SQ. FT.

PRIVATE

OPEN SPACE
150 SQ. FT.

PRIVATE

OPEN SPACE
150 SQ. FT.

PRIVATE

OPEN SPACE
150 SQ. FT.

PRIVATE

OPEN SPACE
150 SQ. FT.

PRIVATE

OPEN SPACE
150 SQ. FT.

PRIVATE

OPEN SPACE
150 SQ. FT.

PRIVATE

OPEN SPACE
150 SQ. FT.

PRIVATE

OPEN SPACE
150 SQ. FT.

PRIVATE

OPEN SPACE
50 S FT
VA
EN AC
SQ
PR
O
T.

ATE
N S CE
SQ.

TE
E
1 PR
OP SP
0 S FT.

AT
ACE
P
O EN
SQ.

TE
E
1 PR
OP SP
0 S FT.

AT
ACE
P
O EN
50 S FT
VA
EN AC
SQ
PR
O
T.

ATE
N S CE
SQ.

TE
E
15 PR
OP SP
0 S FT.

AT
ACE
P
O EN
50 S FT
VA
EN AC
SQ
PR
O
T.

ATE
N S CE
SQ.

TE
E
1 PR
OP SP
0 S FT.

AT
ACE
P
O EN
50 S FT
VA
EN AC
SQ
PR
O
T.

ATE
N S CE
50 FT
VA

PEN PAC
SQ
PR
O
T.

ATE
N S CE

BUILDING LINE ABOVE BUILDING LINE ABOVE

BUILDING LINE ABOVE BUILDING LINE ABOVE BUILDING LINE ABOVE 
A - 1
February 18, 2025 Special & Regular CC Mtg

Page 301 of 424 ends

PROPOSED GARAGE PLAN

DRIVEWAY DRIVEWAY

DRIVEWAY

PEDESTRIAN

TRASH & RECYCLE
64 SQ. FT.

TRANSFORMER

ELECTRICAL METER
GUEST PARKING 02GUEST PARKING 01
STD 01STD 01

PLANTER BOX
AREA: 187 S.F.

PLANTER BOX
AREA: 37 S.F.

PATH OF ACCESS FOR

RECYCLING COMPANY

BUILDING LINE ABOVE BUILDING LINE ABOVE

BUILDING LINE ABOVE BUILDING LINE ABOVE BUILDING LINE ABOVE

PROPERTY LINE PROPERTY LINE

PROPERTY LINE

PROPERTY LINE
SCALE: 3/32"=1'-0"
A
B
B
A-5
A
A-5
A-5A-5

STORAGE
MIN. 100
Cu. Ft. STD 01 STD 02
150 SQ. FT.

PRIVATE

OPEN SPACE
UNIT 1
3 BEDROOM
AREA:
1,825 SQ. FT.

STD 01 STD 02
150 SQ. FT.

PRIVATE

OPEN SPACE

STORAGE
MIN. 100
Cu. Ft.

UNIT 1
3 BEDROOM
AREA:
1,825 SQ. FT.

STORAGE
MIN. 100
Cu. Ft. STD 01 STD 02
150 SQ. FT.

PRIVATE

OPEN SPACE
UNIT 1
3 BEDROOM
AREA:
1,825 SQ. FT.

STD 01 STD 02
150 SQ. FT.

PRIVATE

OPEN SPACE

STORAGE
MIN. 100
Cu. Ft.

UNIT 1
3 BEDROOM
AREA:
1,825 SQ. FT.

STORAGE
MIN. 100
Cu. Ft. STD 01 STD 02
150 SQ. FT.

PRIVATE

OPEN SPACE
UNIT 1
3 BEDROOM
AREA:
1,825 SQ. FT.

STD 01 STD 02
150 SQ. FT.

PRIVATE

OPEN SPACE

STORAGE
MIN. 100
Cu. Ft.

UNIT 1
3 BEDROOM
AREA:
1,825 SQ. FT.

STORAGE
MIN. 100
Cu. Ft. STD 01 STD 02
150 SQ. FT.

PRIVATE

OPEN SPACE
UNIT 1
3 BEDROOM
AREA:
1,825 SQ. FT.

STD 01 STD 02
150 SQ. FT.

PRIVATE

OPEN SPACE

STORAGE
MIN. 100
Cu. Ft.

UNIT 1
3 BEDROOM
AREA:
1,825 SQ. FT. SQ
PR
O
T.

ATE
N S CE
15 Q.

RIV
OPE
E
SPA E
SQ.

TE
E
15 PR
OP SP
0 S FT.

AT
ACE
P
O EN
SQ.

TE
E
15 PR
OP SP
0 S FT.

AT
ACE
P
O EN
SQ
PR
O
T.

ATE
N S CE
15 Q.

RIV
OPE
E
SPA E
SQ.

TE
E
15 PR
OP SP
0 S FT.

AT
ACE
P
O EN
SQ
PR
O
T.

ATE
N S CE
15 Q.

RIV
OPE
E
SPA E
SQ
PR
O
T.

ATE
N S CE
15 Q.

RIV
OPE
E
SPA E
SQ.

TE
E
15 PR
OP SP
0 S FT.

AT
ACE
P
O EN
LIVING
STD01 STD 02

BEDROOM
DINING
W/D
COAT

STORAGE
MIN. 100
Cu. Ft.

MECH. ROOM
UNIT 121
1 BEDROOM
(ADU I)
AREA:
690 SQ. FT.

UNIT 119
4 BEDROOM
(ADA)
AREA:
2,285 SQ. FT.

UNIT 101
3 BEDROOM
AREA:
1,935 SQ. FT.

STD01 STD 02
150 SQ. FT.

PRIVATE

OPEN SPACE

STORAGE
MIN. 100
Cu. Ft.

STORAGE
MIN. 100
Cu. Ft.
17 15 13 11 09 07 05 03
X
XX
PROPOSED 2ND FLOOR PLAN

PROPERTY LINE PROPERTY LINE

PROPERTY LINE

PROPERTY LINE
SCALE: 3/32"=1'-0"
A
B
B
A-5
A
A-5
A-5A-5
LIVING
P.R.

KITCHEN

BALCONY
(150 SQ. FT. PRIVATE

OPEN SPACE)
( 5 S
OP
A
Q.

E
C
T
S
ON
P
PA
Y
R
C
A
)
E
DINING

BALCONY
LIVING

KITCHEN
DINING
COAT

BALCONY B LCON
COAT

W/D BALCONY
P.R.

LIVING

BEDROOM
DINING
W/D
COAT

STORAGE
UNIT 101
3 BEDROOM
AREA:
1,935 SQ. FT.

UNIT 123
1 BEDROOM
(ADU II)
AREA:
697 SQ. FT.

UNIT 119
4 BEDROOM
(ADA)
AREA:
2,285 SQ. FT.

LIVING
P.R.

KITCHEN
DINING
COAT

BALCONY
BROOM
UNIT 1
3 BEDROOM
AREA:
1,825 SQ. FT.

LIVING
P.R.

KITCHEN
DINING
COAT

BALCONY
BROOM
UNIT 1
3 BEDROOM
AREA:
1,825 SQ. FT.

LIVING
P.R.

KITCHEN
DINING
COAT

BALCONY
BROOM
UNIT 1
3 BEDROOM
AREA:
1,825 SQ. FT.

LIVING
P.R.

KITCHEN
DINING
COAT

BALCONY
BROOM
UNIT 1
3 BEDROOM
AREA:
1,825 SQ. FT.

LIVING
P.R.

KITCHEN
DINING
COAT

BALCONY
BROOM
UNIT 1
3 BEDROOM
AREA:
1,825 SQ. FT.

LIVING
P.R.

KITCHEN
DINING
COAT

BALCONY
BROOM
UNIT 1
3 BEDROOM
AREA:
1,825 SQ. FT.

LIVING
P.R.

KITCHEN
DINING
COAT

BALCONY
BROOM
UNIT 1
3 BEDROOM
AREA:
1,825 SQ. FT.

LIVING
P.R.

KITCHEN
DINING
COAT

BALCONY
BROOM
UNIT 1
3 BEDROOM
AREA:
1,825 SQ. FT.
17 15 13 11 09 07 05 03
A - 2
February 18, 2025 Special & Regular CC Mtg

Page 302 of 424 ends

PROPOSED 3RD FLOOR PLAN

PROPERTY LINE PROPERTY LINE

PROPERTY LINE

PROPERTY LINE
SCALE: 3/32"=1'-0"
A
B
B
A-5
A
A-5
A-5A-5
BEDROOM 3
BEDROOM 1
BEDROOM 2
BATH
W.I.C.

BATH

W/D STORAGE
BEDROOM 3
BEDROOM 1
BEDROOM 2
BATH
W.I.C.

BATH
LINEN
UNIT 101
3 BEDROOM
AREA:
1,935 SQ. FT.

UNIT 119
4 BEDROOM
(ADA)
AREA:
2,285 SQ. FT.

BEDROOM 3
BEDROOM 1 BEDROOM 2
BATH
W.I.C. BATH W/D
LINEN
UNIT 1
3 BEDROOM
AREA:
1,825 SQ. FT.

BEDROOM 3
BEDROOM 1 BEDROOM 2
BATH
W.I.C. BATH W/D
LINEN
UNIT 1
3 BEDROOM
AREA:
1,825 SQ. FT.
17 15 13 11 09 07 05 03

PROPOSED ROOF PLAN

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PROPERTY LINE

PROPERTY LINE
SCALE: 3/32"=1'-0"
A
B
B
A-5
A
A-5
A-5A-5
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PROPOSED EAST ELEVATION
SCALE: 3/32"=1'-0"
STAIRCASE INFO.: MAX. HEIGHT OF EACH STEP: 7.5"
THREAD OF EACH STEP: 10" WIDTH SIZE OF EACH STEP: 44" NUMBER OF STAIRS FROM 1ST TO 2ND FLOOR: 16 NUMBER OF STAIRS FROM 2ND TO 3RD FLOOR: 18 NUMBER OF STAIRS FROM 33D TO ROOF: 18 6' HIGH WROUGHT IRON FENCE
48" HIGH WROUGHT IRON FENCE
PROPOSED WEST ELEVATIONSCALE: 3/32"=1'-0"
48" HIGH WROUGHT IRON FENCE 6' HIGH WROUGHT IRON FENCE
PROPOSED NORTH ELEVATIONSCALE: 3/32"=1'-0"
6' HIGH WROUGHT IRON FENCE 6' HIGH WROUGHT IRON SLIDING GATE IN THE DRIVEWAY PROPOSED SOUTH ELEVATIONSCALE: 3/32"=1'-0"
12 3
7'x3' OPENING

PROPOSED SECTION A - ASCALE: 3/32"=1'-0"
2% Slope
BATHROOM W.I.C. BEDROOM

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TERRACE LIVING ROOM

BEDROOM BATHROOM

BEDROOM BEDROOM

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PROPOSED GARAGE PLAN

DRIVEWAY DRIVEWAY

DRIVEWAY

PEDESTRIAN

TRASH & RECYCLE
64 SQ. FT.

TRANSFORMER
ELECTRICAL METER GUEST PARKING 02
GUEST PARKING 01
STD 01STD 01

PLANTER BOX
AREA: 187 S.F.

PLANTER BOX
AREA: 37 S.F.

PATH OF ACCESS FOR

RECYCLING COMPANY

BUILDING LINE ABOVE BUILDING LINE ABOVE

BUILDING LINE ABOVE BUILDING LINE ABOVE BUILDING LINE ABOVE

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B
B
A-5
A
A-5
A-5A-5

STORAGE
MIN. 100
Cu. Ft.
01 02
150 SQ. FT.

PRIVATE

OPEN SPACE
UNIT 1
STD STD 01 02
150 SQ. FT.

PRIVATE

OPEN SPACE

STORAGE
MIN. 100
Cu. Ft.

UNIT 1

STD STD

STORAGE
MIN. 100
Cu. Ft.
01 02
150 SQ. FT.

PRIVATE

OPEN SPACE
UNIT 1
STD STD 01 02
150 SQ. FT.

PRIVATE

OPEN SPACE

STORAGE
MIN. 100
Cu. Ft.

UNIT 1

STD STD

STORAGE
MIN. 100
Cu. Ft.
01 02
150 SQ. FT.

PRIVATE

OPEN SPACE
UNIT 1
STD STD 01 02
150 SQ. FT.

PRIVATE

OPEN SPACE

STORAGE
MIN. 100
Cu. Ft.

UNIT 1

STD STD

STORAGE
MIN. 100
Cu. Ft.
01 02
150 SQ. FT.

PRIVATE

OPEN SPACE
UNIT 1
STD STD 01 02
150 SQ. FT.

PRIVATE

OPEN SPACE

STORAGE
MIN. 100
Cu. Ft.

UNIT 1

STD STD
50 FT
VA
EN PAC
SQ
PR
O
T.

ATE
N S CE
50 . FT
IVA
PE PA
SQ.

TE
E
15 PRI
OP SP
50 . FT
IVA
PE PA
SQ.

TE
E
15 PRI
OP SP
50 FT
VA
EN PAC
SQ
PR
O
T.

ATE
N S CE
50 . FT
IVA
PE PA
SQ.

TE
E
15 PRI
OP SP
50 FT
VA
EN PAC
SQ
PR
O
T.

ATE
N S CE
50 FT
VA
EN PAC
SQ
PR
O
T.

ATE
N S CE
50 . FT
IVA
PE PA
SQ.

TE
E
15 PRI
OP SP
LIVING

BEDROOM
DINING
W/D

STORAGE
MIN. 100
Cu. Ft.

MECH. ROOM
UNIT 121
1 BEDROOM
(ADU I)
AREA:
560 SQ. FT.

UNIT 101
150 SQ. FT.

PRIVATE

OPEN SPACE

STORAGE
MIN. 100
Cu. Ft.

UNIT 119
STD 21 STD01 STD 01 STD 02
17 15 13 11 09 07 05 03
X
XX
PROPOSED 2ND FLOOR PLAN

PROPERTY LINE PROPERTY LINE

PROPERTY LINE

PROPERTY LINE
SCALE: 3/32"=1'-0"
A
B
B
A-5
A
A-5
A-5A-5
LIVING
P.R.

KITCHEN

BALCONY
(150 SQ. FT. PRIVATE

OPEN SPACE)
( 5 S
OP
A
Q.

E
C
T
S
ON
P
PA
Y
R
C
A
)
E
DINING

BALCONY
LIVING

KITCHEN
DINING
COAT

BALCONY B LCON
COAT

W/D BALCONY
P.R.

LIVING

BEDROOM
DINING
W/D
COAT

STORAGE
UNIT 101
3 BEDROOM
TOTAL AREA:
1,935 SQ. FT.

UNIT 123
1 BEDROOM
(ADU II)
AREA:
697 SQ. FT.

UNIT 119
4 BEDROOM
(ADA)
TOTAL AREA:
2,285 SQ. FT.

LIVING
P.R.

KITCHEN
DINING
COAT

BALCONY
BROOM
UNIT 1
3 BEDROOM
TOTAL AREA:
1,825 SQ. FT.

LIVING
P.R.

KITCHEN
DINING
COAT

BALCONY
BROOM
UNIT 1
3 BEDROOM
TOTAL AREA:
1,825 SQ. FT.

LIVING
P.R.

KITCHEN
DINING
COAT

BALCONY
BROOM
UNIT 1
3 BEDROOM
TOTAL AREA:
1,825 SQ. FT.

LIVING
P.R.

KITCHEN
DINING
COAT

BALCONY
BROOM
UNIT 1
3 BEDROOM
TOTAL AREA:
1,825 SQ. FT.

LIVING
P.R.

KITCHEN
DINING
COAT

BALCONY
BROOM
UNIT 1
3 BEDROOM
TOTAL AREA:
1,825 SQ. FT.

LIVING
P.R.

KITCHEN
DINING
COAT

BALCONY
BROOM
UNIT 1
3 BEDROOM
TOTAL AREA:
1,825 SQ. FT.

LIVING
P.R.

KITCHEN
DINING
COAT

BALCONY
BROOM
UNIT 1
3 BEDROOM
TOTAL AREA:
1,825 SQ. FT.

LIVING
P.R.

KITCHEN
DINING
COAT

BALCONY
BROOM
UNIT 1
3 BEDROOM
TOTAL AREA:
1,825 SQ. FT.
17 15 13 11 09 07 05 03
A - 2
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PROPOSED 3RD FLOOR PLAN

PROPERTY LINE PROPERTY LINE

PROPERTY LINE

PROPERTY LINE
SCALE: 3/32"=1'-0"
A
B
B
A-5
A
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A-5A-5
BEDROOM 3
BEDROOM 1
BEDROOM 2
BATH
W.I.C.

BATH

W/D STORAGE
BEDROOM 3
BEDROOM 1
BEDROOM 2
BATH
W.I.C.

BATH
LINEN
BEDROOM 3
BEDROOM 1 BEDROOM 2
BATH
W.I.C. BATH W/D
LINEN
BEDROOM 3
BEDROOM 1 BEDROOM 2
BATH
W.I.C. BATH W/D
LINEN
BEDROOM 3
BEDROOM 1 BEDROOM 2
BATH
W.I.C. BATH W/D
LINEN
BEDROOM 3
BEDROOM 1 BEDROOM 2
BATH
W.I.C. BATH W/D
LINEN
BEDROOM 3
BEDROOM 1 BEDROOM 2
BATH
W.I.C. BATH W/D
LINEN
BEDROOM 3
BEDROOM 1 BEDROOM 2
BATH
W.I.C. BATH W/D
LINEN
BEDROOM 3
BEDROOM 1 BEDROOM 2
BATH
W.I.C. BATH W/D
LINEN
BEDROOM 3
BEDROOM 1 BEDROOM 2
BATH
W.I.C. BATH W/D
17 15 13 11 09 07 05 03 LINEN

PROPOSED ROOF PLAN

PROPERTY LINE PROPERTY LINE

PROPERTY LINE

PROPERTY LINE
SCALE: 3/32"=1'-0"
A
B
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A-5
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AGENDA REPORT
POLICE DEPARTMENT 910 FIRST STREET, SAN FERNANDO, CA 91340 (818) 898-1250 WWW.SFCITY.ORG REVIEW: ☒ Finance Director ☒ Deputy City Manager ☒ City Manager To: Mayor Mary Mendoza and Councilmembers
From: Nick Kimball, City Manager
By: Fabian Valdez, Police Chief
Walter Dominguez, Acting Operations Commander

Date: February 18, 2025
Subject: A Public Hearing to Consider Adopting an Ordinance Approving a Military Use Equipment Policy Governing the Use of Military Equipment, as Required by Assembly Bill 481; and Approval of the 2024 Annual Military Equipment Report RECOMMENDATION:

It is recommended that the City Council:
a. Conduct a Public Hearing;
b. Pending public input, introduce for first reading, in title only, and waive further reading of Ordinance No. 1731 (Attachment “A”) titled, “An Ordinance of the City Council of the City of San Fernando, California, adopting a Military Equipment Policy (Exhibit “A” of Attachment “A”) governing the use of military equipment pursuant to Assembly Bill 481 (AB 481)”; and c. Approve the 2024 Annual Military Equipment Report (Attachment “B”).

BACKGROUND:

1. On September 30, 2021, Governor Gavin Newsom signed into law AB 481 (Attachment “C”) relating to the use of "military equipment" by law enforcement agencies in California.

2. On April 27, 2022, the Police Department posted the proposed military equipment policy on the City’s website as part of a 30-day public review period prior to any public hearing as part of the transparency process to solicit public feedback, pursuant to AB 481.

3. On June 1, 2022, the Police Department presented the proposed military equipment policy to the Transportation and Public Safety Commission.

4. On July 5, 2022, a public hearing was held to consider adopting an ordinance approving the proposed military equipment policy, governing the use of military equipment. There were no February 18, 2025 Special & Regular CC Mtg Page 321 of 424 A Public Hearing to Consider Adopting an Ordinance Approving a Military Use Equipment Policy Governing the Use of Military Equipment, as Required by Assembly Bill 481; and Approval of the 2024 Annual Military Equipment Report

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public comments submitted, and the City Council voted unanimously to approve introduction for first reading, in title only, and waive further reading of Ordinance No. 1711 titled, “An Ordinance of the City Council of the City of San Fernando, California, adopting a Military Equipment Policy governing the use of military equipment pursuant to Assembly Bill 481.”

5. On July 18, 2022, the City Council adopted Ordinance No. 1711, “An Ordinance of the City Council of the City of San Fernando, California, adopting a Military Equipment Policy, governing the use of military equipment pursuant to Assembly Bill 481” as it was introduced on July 5, 2022, and waived further reading of the ordinance.

6. On December 15, 2023, the Police Department’s 2023 Annual Military Equipment Use Report was posted on the City’s website for public comment, in accordance with AB 481.

7. On January 4, 2024, the Police Department hosted a community engagement forum during the Transportation and Public Safety Commission meeting. The Department presented a summary of the 2023 Annual Military Equipment Report and Policy update, followed by an open forum for public comment and questions. To ensure transparency and public participation, the presentation was announced on the City’s website and promoted through the City’s social media channels.

8. On February 5, 2024, the City Council adopted Ordinance No. 1721, “An Ordinance of the City Council of the City of San Fernando, California, adopting a Military Equipment Policy governing the use of military equipment pursuant to Assembly Bill 481” and approved the 2023 Annual Military Equipment Report.

9. On January 10, 2025, the Police Department posted the proposed 2024 Annual Military Equipment Use Report on the City’s website as part of a 30-day public review period prior to any public hearing as part of the transparency process to solicit public feedback, pursuant to AB 481.

10. On January 30, 2025, a Notice of Public Hearing (Attachment “D”) was published in the San Fernando Sun newspaper and was posted at the front entrance of City Hall.

11. On February 6, 2025, the Police Department hosted a community engagement forum during the Transportation and Public Safety Commission meeting. The Department presented a summary of the 2024 Annual Military Equipment Report and Policy update, followed by an open forum for public comment and questions. To ensure transparency and public participation, the presentation was announced on the City’s website and promoted through the City’s social media channels.

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ANALYSIS:

AB 481 is designed to enhance transparency, oversight, and public involvement in the decision-making processes related to the funding, acquisition, and utilization of military equipment by California law enforcement agencies. AB 481 requires that the Department report annually on the inventory, procurement, use, and misuse of covered military equipment items.

The 2024 Annual Military Equipment Report also includes a description of new military equipment for which the Department seeks City Council approval for acquisition and funding.

AB 481 requires law enforcement agencies to post policies on military equipment for a 30-day period for public review prior to a public hearing to adopt the policy. Additionally, AB 481 mandates annual reporting on the military equipment outlined in the policy and requires at least one well publicized and conveniently located annual community engagement meeting to discuss the findings presented in the annual report.

AB 481 Annual Reporting Requirements (Government Code 7072).

AB 481 establishes annual reporting requirements within Government Code 7072. The Department’s Military Use Policy Annual Report to the City Council requires reporting of each type of equipment used within the year and annual reporting thereafter. The annual report requires the following:
(1) A summary of how the military equipment was used and the purpose of its use. (2) A summary of any complaints or concerns received concerning the military equipment. (3) The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response.
(4) The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report.
(5) The quantity possessed for each type of military equipment. (6) If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment.

The Department is committed to placing the community’s safety first by using various public safety tools and equipment that have been proven effective in enhancing safety. To that end, a number of items defined by AB 481 as military equipment, as outlined below, are currently utilized by the Department and many agencies throughout Los Angeles County. These items provide officers with critical tools and the ability to safely resolve dynamic and volatile situations that may otherwise rise to the level of a lethal encounter. These tools and equipment, combined February 18, 2025 Special & Regular CC Mtg Page 323 of 424 A Public Hearing to Consider Adopting an Ordinance Approving a Military Use Equipment Policy Governing the Use of Military Equipment, as Required by Assembly Bill 481; and Approval of the 2024 Annual Military Equipment Report

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with the current departmental military equipment policy, are a key component to facilitating compliance with the Department’s Use of Force Policy.

It is important to understand that the term “military equipment” as used within AB 481 does not necessarily indicate equipment that has been used or provided by the military. In fact, the Department does not have any equipment currently in use that has been obtained from the military or its Federal 1033 program, which provides surplus equipment to law enforcement.

AB 481 Definition of Military Equipment (Government Code 7070).

AB 481 has created Government Code 7070 to designate the following 15 categories of items as military equipment:

1. Unmanned, remotely piloted, powered aerial or ground vehicles.

2. Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers.

3. High Mobility Multipurpose Wheeled Vehicles (HMMWV), commonly referred to as Humvees, two and one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. Unarmored all-terrain vehicles (ATVs) and motorized dirt bikes are specifically excluded from this subdivision.

4. Tracked armored vehicles that provide ballistic protection to their occupants and utilize a tracked system instead of wheels for forward motion.

5. Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units.

6. Weaponized aircraft, vessels, or vehicles of any kind.

7. Battering rams, slugs, and breaching apparatuses that are explosive in nature. Items designed to remove a lock, such as bolt cutters, or a handheld ram designed to be operated by one person, are specifically excluded from this subdivision.

8. Firearms of .50 caliber or greater. Standard issue shotguns are specifically excluded from this subdivision.

9. Ammunition of .50 caliber or greater. Standard issue shotgun ammunition is specifically excluded from this subdivision.

10. Specialized firearms and ammunition of less than .50 caliber, including assault weapons as defined in Sections 30510 and 30515 of the Penal Code, with the exception of standard issue service weapons and ammunition of less than .50 caliber that are issued to officers, agents, or employees of a law enforcement agency or a state agency.

11. Any firearm or firearm accessory that is designed to launch explosive projectiles.

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12. “Flashbang” grenades and explosive breaching tools, “tear gas,” and “pepper balls,” excluding standard, service-issued handheld pepper spray.

13. Taser Shockwave, microwave weapons, water cannons, and the Long Range Acoustic Device (LRAD).

14. The following projectile launch platforms and their associated munitions: 40 mm projectile launchers, “bean bag,” rubber bullet, and specialty impact munition (SIM) weapons.

15. Any other equipment as determined by a governing body or a state agency to require additional oversight.

The Department is currently in possession of items in Categories 10, 11, 12 and 14 from the aforementioned list. The current policy authorizes the Department to use the equipment that was listed in the Military Equipment Inventory (Attachment “B,” Section 706.4) at time of adoption only. Future equipment identified as military equipment, but not included in the current policy will require prior City Council approval before it can be purchased or deployed by the Department.

The Military Equipment Use Policy and the attached 2024 Annual Military Equipment Report (as summarized below) were developed in consultation with the City Attorney’s Office, who reviewed and approved the documents as to content and form prior to release on the City’s website.

AB 481 Approval of the Military Equipment Use Policy (Government Code 7071).

California Government Code Section 7071(d)(1) states the following:
“The governing body shall only approve a military equipment use policy pursuant to this chapter if it determines all of the following:
(A) The military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.

Response: The items identified in the current policy and currently possessed by the Department are industry standard equipment that serve a unique and specific purpose. To staff’s knowledge, no viable alternative equipment currently exists to achieve the respective objectives of this equipment.
(B) The current military equipment use policy will safeguard the public’s welfare, safety, civil rights, and civil liberties.

Response: The military equipment in the current policy and currently possessed by the Department will safeguard the public’s welfare, safety, and civil rights by ensuring that San February 18, 2025 Special & Regular CC Mtg Page 325 of 424 A Public Hearing to Consider Adopting an Ordinance Approving a Military Use Equipment Policy Governing the Use of Military Equipment, as Required by Assembly Bill 481; and Approval of the 2024 Annual Military Equipment Report

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Fernando Police Officers have the proper equipment to appropriately respond to violent and/or unusual incidents (e.g. active shooters) or incidents involving large and riotous/unruly crowds (e.g. civil unrest).
(C) If purchasing the equipment, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety.

Response: The military equipment identified in the current policy complied with the City’s purchasing policy and was cost effective at the time of purchase as it was procured through a competitive process. The Department is not currently seeking to purchase any additional equipment as outlined in Assembly Bill 481.
(D) Prior military equipment use complied with the military equipment use policy that was in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance.”
Response: All prior military equipment use complied with the City’s policies that were in effect at the time. Additionally, all items currently in possession of the Department have been approved during the associated budgetary periods commensurate with the items purchased.

AB 481 Funding, Acquisition and Use of Military Equipment (Government Code 7071).

In accordance with California Government Code Section 7071(a)(1), the adoption of a Military Equipment Use Policy by ordinance, allows the Department, with the approval from City Council, to do the following:
(A) Request military equipment identified in the Policy and made available pursuant to Section 2576a of Title 10 of the United States Code.
(B) Seek funds for military equipment identified in the Policy, including, but not limited to, applying for a grant, soliciting or accepting private, local, state, or federal funds, in- kind donations, or other donations or transfers.
(C) Acquire military equipment identified in the Policy, either permanently or temporarily, including by borrowing or leasing.
(D) Collaborate with another law enforcement agency in the deployment or other use of military equipment identified in the Policy within the territorial jurisdiction of the governing body. (E) Use any new or existing military equipment identified in the Policy for a purpose, in a manner, or by a person not previously approved by the governing body pursuant to this chapter.

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(F) Solicit or respond to a proposal for, or enter into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of, military equipment identified in the Policy.
(G) Acquire military equipment identified in the Policy through any means not provided by this paragraph.

The Department’s 2024 Annual Military Equipment Report contains the following information:

1. A description of the Department’s specialized firearms and ammunitions including a quantity, capabilities, and purchase cost;

2. A summary of the purpose of the equipment;

3. A description of who is authorized to use the equipment;

4. The expected life span of the equipment;

5. The annual cost to maintain the equipment;

6. Training required to use the equipment;

7. The legal and procedural rules for using the equipment; and

8. A summary of complaints or concerns about the equipment, the results of any internal audits, and information about any violations of the use policy.

As provided in the 2024 Annual Military Equipment Report:
(1) Complaints or Concerns: There were no annual complaints or concerns reported on the use of the equipment in this Policy.
(2) Internal Audit: The Department conducted an internal audit and determined that there were no violation(s) of the Policy.
(3) Intention to Purchase Additional Equipment: The Department does not intend to purchase any military equipment in 2025.
(4) Equipment Usage for 2024: On May 25, 2024, a 40mm less-lethal launcher was deployed and utilized in response to an active shooter situation in the 1900 block of Warren Street. Three 40mm sponge projectiles were discharged; the initial two rounds failed to hit the suspect, while the third round struck the suspect, who was not adhering to the officers’ directives to surrender peacefully following the shooting of several individuals and at a hovering police helicopter.

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Public Notification and Review.

A Notice of Public Hearing (Attachment “D”) was published in the San Fernando Valley Sun Newspaper and notification posted at the front entrance of City Hall on January 30, 2025. The Department released the 2024 Annual Military Equipment Report to the community via its webpage on January 10, 2025, for public comment, in accordance with AB 481. There were no public comments received during the Transportation and Public Safety Commission Meeting.

BUDGET IMPACT:

There is no budget impact associated with receiving this informational report. Military equipment identified in the Policy is purchased through the Department’s annual operating budget as adopted by the City Council.

CONCLUSION:

It is recommended that the City Council introduce for first reading, in title only, and waive further reading of Ordinance No. 1731 (Attachment “A”) titled, “An Ordinance of the City Council of the City of San Fernando, California, adopting a Military Equipment Policy (Exhibit “A” of Attachment “A”) governing the use of military equipment pursuant to Assembly Bill 481 (AB 481)”and approve the 2024 Annual Military Equipment Report.

ATTACHMENTS:

A. Ordinance No. 1731, including:

Exhibit “A” San Fernando Police Department Military Equipment Policy B. 2024 Annual Military Equipment Report
C. Text of California Assembly Bill 481
D. Public Hearing Notice
February 18, 2025 Special & Regular CC Mtg Page 328 of 424 ATTACHMENT “A”
ORDINANCE NO. 1731

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN FERNANDO,

CALIFORNIA, ADOPTING A MILITARY EQUIPMENT POLICY GOVERNING THE USE OF MILITARY EQUIPMENT PURSUANT TO ASSEMBLY BILL 481

WHEREAS, on September 30, 2021, Governor Gavin Newsom signed into law Assembly Bill 481 (creating Government Code Section 7070, et seq.), relating to the use of military equipment by California law enforcement agencies; and
WHEREAS, AB 481 became effective January 1, 2022, and is codified at Sections 7070 through 7075 of Chapter 12.8 to Division 7 of Title 1 of the California Government Code; and WHEREAS, AB 481 seeks to provide transparency, oversight, and an opportunity for meaningful public input on decisions regarding whether and how military equipment is funded, acquired, or used; and
WHEREAS, the term “military equipment” is defined in California Government Code Section 7070; and
WHEREAS, AB 481 requires, among other things, that a law enforcement agency obtain approval of the governing body, by an ordinance adopting a military equipment use policy that includes a description of the equipment, quantity, capabilities, expected lifespan, purposes and authorized uses, fiscal impact, legal and procedural rules governing authorized uses, required training, and mechanisms to ensure compliance with the agency’s use policy, prior to taking certain actions relating to the funding, acquisition or use of military equipment, including military equipment acquired prior to January 1, 2022; and
WHEREAS, the San Fernando Police Department is in possession of certain items of equipment that qualify as “military equipment” under AB 481; and WHEREAS, the San Fernando Police Department has prepared a proposed Military Equipment Policy, attached hereto as Exhibit “A” and incorporated herein; and WHEREAS, pursuant to Government Code section 7071(a)(2), if seeking to continue the use of any military equipment that was acquired prior to January 1, 2022, the San Fernando Police Department was obligated to, and has met the requirement, of commencing a City Council approval process for the Military Equipment Policy no later than December 16, 2023; and WHEREAS, the San Fernando Police Department made the proposed Military Equipment Policy available on the Police Department’s website for at least 30 days prior to the first public meeting concerning the proposed Military Equipment Policy on January 16, 2024; and February 18, 2025 Special & Regular CC Mtg Page 329 of 424 ORD NO. 1731
2 WHEREAS, as required by AB 481, the City Council determines as follows:
(a) the military equipment inventoried and presented to the City Council is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety; and
(b) the proposed Military Equipment Policy will safeguard the public’s health, welfare, safety, civil rights, and civil liberties; and
(c) the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety; and (d) prior military equipment use complied with the applicable equipment use policy (which included equipment now defined as military equipment) that was in effect at the time, or if prior uses did not comply with the accompanying Military Equipment Policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance; and
WHEREAS, as further required by Government Code section 7071(a)(2), if the City Council does not approve the continuing use of military equipment, including by adoption pursuant to a Military Equipment Policy, within 180 days of submission of the proposed Military Equipment Policy to City Council, the San Fernando Police Department shall cease its use of the military equipment until it receives the approval of City Council in accordance with this Ordinance; and WHEREAS, the Military Equipment Policy and supporting information must be approved by the governing body by ordinance, and reviewed annually; and WHEREAS, the City Council of the City of San Fernando, having received the information required under AB 481 regarding the San Fernando Police Department’s use of military equipment as defined in said law, deems it to be in the best interest of the City to approve the Military Equipment Policy as set forth herein.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN FERNANDO DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. Recitals. The Recitals set forth above are true and correct and incorporated into this Ordinance.

SECTION 2. Approval of Military Equipment Policy. The City Council, having received the information required under AB 481 regarding the San Fernando Police Department’s use of military equipment as defined in said law, deems it to be in the best interest of the City to and hereby approves the Military Equipment Policy attached hereto as Exhibit “A.” The Military Equipment Policy shall govern the approval, acquisition, use and reporting of military equipment by the San Fernando Police Department.

February 18, 2025 Special & Regular CC Mtg Page 330 of 424 ORD NO. 1731
3 SECTION 3. CEQA. This Ordinance is not a project within the meaning of Section 15378 of the California Environmental Quality Act (CEQA) Guidelines because it has no potential to result in physical change in the environment, directly or indirectly. This Ordinance is also exempt under CEQA Guideline 15061(b)(3) because it can be seen with certainty that there is no possibility that the Ordinance may have a significant effect on the environment.

SECTION 4. Uncodified Ordinance. This Ordinance shall not be codified in the San Fernando Municipal Code unless and until the City Council so ordains.

SECTION 5. Severability. 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 this Ordinance. The City Council declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause or phrase not declared invalid or unconstitutional without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional.

SECTION 6. Effective Date. In accordance with Government Code section 36937, this ordinance shall take effect and be in force thirty (30) days from passage and adoption.

SECTION 7. Certification. The City Clerk is hereby authorized and directed to certify to the passage of this Ordinance by the City Council and shall cause it to be published or posted as required by law.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of San Fernando this _____ day of _____, 2025.

Mary Mendoza, Mayor of the City of
San Fernando, California
ATTEST:

Julia Fritz, City Clerk
APPROVED AS TO FORM:

Richard A. Padilla, City Attorney
February 18, 2025 Special & Regular CC Mtg Page 331 of 424 ORD NO. 1731
4 CERTIFICATION
I, City Clerk of the City of San Fernando, California, do hereby certify that the foregoing is a full, true, and correct copy of Ordinance No. 1731 which was introduced on the 18th day of February, 2025, and adopted by the City Council of the City of San Fernando, California at a regular meeting thereof held on the ____ day of ________, ____, by the following vote of the City Council:

AYES:

NAYS:

ABSENT:

ABSTAINED:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Fernando, California, this _____ day of _________, 2025.

Julia Fritz, City Clerk
February 18, 2025 Special & Regular CC Mtg Page 332 of 424 Policy
706
San Fernando Police Department
San Fernando PD Policy Manual
Copyright Lexipol, LLC 2025/02/10, All Rights Reserved.

Published with permission by San Fernando Police
Department
Military Equipment - 1
Military Equipment
706.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of military equipment (Government Code § 7070; Government Code § 7071; Government Code § 7072).
706.1.1 DEFINITIONS
Definitions related to this policy include (Government Code § 7070):

Governing body – The elected or appointed body that oversees the Department.

Military equipment – Includes but is not limited to the following:
• Unmanned, remotely piloted, powered aerial or ground vehicles. • Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. • High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. • Tracked armored vehicles that provide ballistic protection to their occupants. • Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. • Weaponized aircraft, vessels, or vehicles of any kind. • Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one-person ram.
• Firearms and ammunition of_.50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition.
• Specialized firearms and ammunition of less than_.50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the exception of standard-issue firearms.
• Any firearm or firearm accessory that is designed to launch explosive projectiles. • Noise-flash diversionary devices and explosive breaching tools. • Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray.
• Area denial electroshock devices, microwave weapons, water cannons, long-range acoustic devices (LRADs), acoustic hailing devices, and sound cannons. • Kinetic energy weapons and munitions.
• Any other equipment as determined by a governing body or a state agency to require additional oversight.

ORD. NO. 1731
EXHIBIT "A"
February 18, 2025 Special & Regular CC Mtg Page 333 of 424 San Fernando Police Department
San Fernando PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2025/02/10, All Rights Reserved.

Published with permission by San Fernando Police
Department
Military Equipment - 2
706.2 POLICY
It is the policy of the San Fernando Police Department that employees of this Department comply with the provisions of Government Code § 7071 with respect to military equipment. 706.3 MILITARY EQUIPMENT COORDINATOR
The Chief of Police should designate an employee of this Department to act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to:
(a) Acting as liaison to the governing body for matters related to the requirements of this policy.
(b) Identifying Department equipment that qualifies as military equipment in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the governing body.
(c) Conducting an inventory of all military equipment at least annually. (d) Collaborating with any allied agency that may use military equipment within the jurisdiction of San Fernando Police Department (Government Code § 7071). (e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include:

1. Publicizing the details of the meeting.

2. Preparing for public questions regarding the Department's funding, acquisition, and use of equipment.
(f) Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the Department website (Government Code § 7072).
(g) Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of military equipment, and how the Department will respond in a timely manner.
706.4 MILITARY EQUIPMENT INVENTORY
The following constitutes a list of qualifying equipment for the Department:

Heckler & Koch 9mm submachine guns
40mm Less Lethal Launcher
40mm Exact Impact Sponge Round
40mm Spede-heat long range Chlorobenzaldehyde Malononitrile (CS) Tear Gas Munition 40mm Ferret CS Munition
40mm Bean Bag Munition
12 gauge Shotgun Less Lethal Bean Bag Munition
ORD. NO. 1731
EXHIBIT "A"
February 18, 2025 Special & Regular CC Mtg Page 334 of 424 San Fernando Police Department
San Fernando PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2025/02/10, All Rights Reserved.

Published with permission by San Fernando Police
Department
Military Equipment - 3
12 gauge Shotgun Ferret CS Munition
Pepperball launcher
Pepperball CS Munition
Unmanned aerial vehicle (drone)
Colt M4 Carbine Full Auto.223 Caliber Capability
For specific detail, see the following attachment: See attachment: Military Equipment Policy Attachment clean2.pdf
The attachment referred to in policy section 706.4 above provides detail related to the description of each category of equipment/supply, quantity, capability, expiration date, purpose, product description, cost impact and policy reference for use. Less lethal weapon training shall be completed in compliance with policy section 304, Control Devices and Techniques. Training shall be provided by POST-certified less lethal instructors in compliance with approved POST-certified course outlines for less lethal weapons. Training for the M-4 rifle and submachine gun will be provided by POST-certified rifle and submachine gun instructors following POST-certified course outlines. All drone (unmanned aerial vehicle) operators will be certified in the Part 107 pilot course as required by the FAA.
706.5 APPROVAL
The Chief of Police or the authorized designee shall obtain approval from the governing body by way of an ordinance adopting the military equipment policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed military equipment policy is submitted to the governing body and is available on the Department website at least 30 days prior to any public hearing concerning the military equipment at issue (Government Code § 7071). The military equipment policy must be approved by the governing body prior to engaging in any of the following (Government Code § 7071):
(a) Requesting military equipment made available pursuant to 10 USC § 2576a. (b) Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
(c) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
(d) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this Department. (e) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body.
(f) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment.

ORD. NO. 1731
EXHIBIT "A"
February 18, 2025 Special & Regular CC Mtg Page 335 of 424 San Fernando Police Department
San Fernando PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2025/02/10, All Rights Reserved.

Published with permission by San Fernando Police
Department
Military Equipment - 4
(g) Acquiring military equipment through any means not provided above.

It will be the practice of the Department to replace damaged equipment in order to maintain the equipment levels as specified in policy section 706.4 above. As equipment is deployed or utilized in compliance with this policy or if such equipment exhausts its useful life, the Department will replace that equipment. The Department will endeavor to maintain supplies of equipment at 50% of supply levels as established in the attachment referred to in policy section 706.4 above. 706.6 COORDINATION WITH OTHER JURISDICTIONS
Military equipment used by any employee of this Department shall be approved for use and in accordance with this Department policy. Military equipment used by other jurisdictions that are providing mutual aid to this Department or operating in a law enforcement capacity in conjunction with this Department shall comply with their respective military equipment use policies in rendering mutual aid.
706.7 ANNUAL REPORT
Upon approval of a military equipment policy, the Chief of Police or the authorized designee should submit a military equipment report to the governing body for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for use (Government Code § 7072).

The Chief of Police or the authorized designee should also make each annual military equipment report publicly available on the Department website for as long as the military equipment is available for use. The report shall include all information required by Government Code § 7072 for the preceding calendar year for each type of military equipment in Department inventory. 706.8 COMMUNITY ENGAGEMENT
Within 30 days of submitting and publicly releasing the annual report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment. Any complaints regarding the use of equipment or to express support for equipment use may be submitted as outlined in Policy 1009 - Personnel Complaints.

Published with permission by San Fernando Police
Department
Attachments - 5
Attachments
ORD. NO. 1731
EXHIBIT "A"
February 18, 2025 Special & Regular CC Mtg Page 337 of 424 Attachment
San Fernando PD Policy Manual
Copyright Lexipol, LLC 2025/02/10, All Rights Reserved.

Published with permission by San Fernando Police
Department
Military Equipment Policy Attachment
clean2.pdf - 6
Military Equipment Policy Attachment clean2.pdf
Military Equipment Policy Attachment clean2.pdf
ORD. NO. 1731
EXHIBIT "A"
February 18, 2025 Special & Regular CC Mtg Page 338 of 424

1. Specialized Firearms and Ammunition (Equipment Category 10) a. Description, quantity, capabilities, and purchase cost:

I. The carbine rifle is a firearm capable of accurately stopping an armed subject at various distances. The carbine rifle is a lightweight, air-cooled, gas-operated, magazine-fed, shoulder-fired weapon designed for semiautomatic and selective fire. The carbine rifle does not have an expiration date and needs to be serviced or replaced when the rifle fails or breaks.

The .223 Remington/5.56mm NATO ammunition is used as a lethal option designed to stop a violent encounter. The projectile is capable of penetrating soft body armor being worn by armed subjects. These carbine rifles use ammunition already used by standard-issued patrol rifles. Colt AR-15 M4 Carbine | cost: $3.000 | quantity: 4 II. The submachine gun is a firearm capable of accurately stopping an armed subject in a variety of conditions and at various distances. The submachine gun is a lightweight and compact firearm designed to match firepower while also having the capability to clear enclosed or closecombat spaces. The submachine gun does not have an expiration date and needs to be serviced or replaced when the submachine gun fails or breaks. These submachine guns use ammunition already used by standard-issued 9mm handguns. Heckler & Koch MP5 submachine gun | cost: $3,000 | quantity: 8
III. The sniper rifle is a firearm capable of precision accuracy and is used to stop an armed subject from a safe distance. The sniper rifle can also be outfitted with a suppressor to reduce hearing damage in confined spaces.

The projectile used by this rifle is capable of penetrating soft body armor being worn by armed subjects. The sniper rifle does not have an expiration date and needs to be serviced or replaced when the rifle fails or breaks. This rifle uses .308 Winchester ammunition which is not standard issue and is listed below. TacOps suppressed sniper rifle | cost:
$16,400 | quantity: 2
IV. The .308 Winchester is a rimless, bottlenecked rifle cartridge. This ammunition is deployed during potentially lethal encounters at longer distances. The 168 grain projectile maintains accuracy, while resulting in higher impact velocities and more energy on target to stop a violent threat. Federal Gold Medal MatchKing 168 grain boat-tail hollow-point | cost $200 | quantity: 50
b. Purpose:

To be used as special weapons to address potentially deadly threats with more precision, handle close quarter situations/confined spaced, and/or deployment at greater distances than a handgun, if weapon systems are present and feasible to use in that particular situation.
c. Authorized Use:

Only personnel that are POST certified as operators or instructors, or personnel designated by the Chief of Police as authorized to use the above specifically mentioned rifles, submachine guns, and munitions.
d. Expected Lifespan:

I. Carbine Rifle – no expiration
ORD. NO. 1731
EXHIBIT "A"
February 18, 2025 Special & Regular CC Mtg Page 339 of 424 II. Submachine Gun – no expiration
III. Sniper Rifle – no expiration
IV. .308 Winchester 168 grain Rifle Ammunition – no expiration e. Fiscal Impact:

I. Carbine Rifle – estimated $0 - $1,000 annually
II. Submachine Gun – estimated $0 - 2,000 annually
III. Sniper Rifle – estimated $0 - $2,000 annually
IV. .308 Winchester 168 grain Rifle Ammunition – estimated $0 - $10,000 f. Training:

Personnel operating the above mentioned rifles and machine guns receive POST certified training as an operator or instructor and complete annual training and qualifications to maintain certification.
g. Legal and Procedural Rules:

Use of the above mentioned rifles, machine guns, and munitions is established under policy and procedure manual. It is the policy of the San Fernando Police Department to utilize this equipment only for official law enforcement purposes, according to State and Federal law.

2. PepperBall Launcher (Category 11)
a. Description, quantity, capabilities, and purchase cost:

This system uses high pressure to deliver PAVA (Pelargonyl Vanillylamide - synthetic pepper spray) powder projectiles, similar in ways to that of a paintball delivery system. It is capable of launching projectiles at a subject up to 60 feet.

The delivery of the projectile has an area saturation of up to 160 feet. This nonlethal option offers an alternative in potentially lethal encounters as a means of de-escalation. It also doubles as a valuable tool to control riotous situations and crowd control during civil unrest. PepperBall Launcher | cost: $3,500 | quantity: 3 b. Purpose:

To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Situation for use of this non-lethal weapon system may include, but are not limited to:

I. Self-destructive, dangerous and/or combative individuals II. Riot/crowd control and civil unrest incidents
III. Circumstances where a tactical advantage can be obtained IV. Potentially vicious and/or dangerous animals
V. Training exercises or approved demonstrations
c. Authorized Use:

Only personnel that have been trained as operators or instructors by the department, or personnel designated by the Chief of Police as authorized to use the PepperBall system.

ORD. NO. 1731
EXHIBIT "A"
February 18, 2025 Special & Regular CC Mtg Page 340 of 424 d. Expected Lifespan:

I. PepperBall Launcher – no expiration
II. PepperBall Live Projectile – 1 year
e. Fiscal Impact:

I. PepperBall Launcher – estimated $0 - $2,000 annually II. PepperBall LIVE Projectile – estimated $0 - $1,000 annually f. Training:

Personnel operating the PepperBall launcher and munition received department training on the operation and deployment of the system. Refresher training is periodically conducted.
g. Legal and Procedural Rules:

Use of the PepperBall launcher and munitions is established under policy and procedure manual. It is the policy of the San Fernando Police Department to utilize this equipment only for official law enforcement purposes, according to State and Federal law.

3. Bean Bag Shotgun (Category 11)
a. Description, quantity, capabilities, and purchase cost:

A bean bag shotgun, also known as a less-lethal shotgun, is a firearm designed to fire bean bag rounds and specialized ammunition as outlined in Category 12. This non- lethal option offers an alternative in potentially lethal encounters as a means of de-escalation. It also doubles as a valuable tool to control riotous situations and crowd control during civil unrest.
b. Purpose:

To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Situation for use of this non-lethal weapon system may include, but are not limited to:

Only personnel that have been trained as operators or instructors by the department, or personnel designated by the Chief of Police as authorized to use the Bean Bag Shotgun system.
d. Expected Lifespan:

No expiration
e. Fiscal Impact:

Bean Bag Shotgun– estimated $0 - $2,000 annually
f. Training:

Personnel operating the Bean Bag Shotgun and munition received department training on the operation and deployment of the system. Refresher training is periodically conducted.
g. Legal and Procedural Rules:

Use of the Bean Bag Shotgun and munitions is established under policy and procedure manual. It is the policy of the San Fernando Police Department to utilize this equipment only for official law enforcement purposes, according to State and Federal law.

ORD. NO. 1731
EXHIBIT "A"
February 18, 2025 Special & Regular CC Mtg Page 341 of 424

4. Tear Gas (Category 12)
a. Description, quantity, capabilities, and purchase cost:

Chemical agent munitions, which are commonly referred to as “tear gas” are used by the San Fernando Police Department as a non-lethal tool to disperse rioting subjects and dislodge barricaded subjects. The San Fernando Police Department uses chemical agents which are used by law enforcement across the United States. CS (2-chlorophenylmethylenemalononitrile) is an irritating agent and lachrymator (irritates the eyes and causes tears to flow). CS has been medically tested in the United Kingdom and United States, specifically by the U.S. Army. There are no known allergic reactions to CS. OC (Oleoresin Capsicum) was de-regulated in California in 1996, is endorsed by the FBI, and is available to civilians to legally possess (2.5 oz. or less). OC is an inflammatory agent which causes involuntary closure of eyes (opens in 2-5 minutes) and respiratory inflammation (subsides in approximately 2 minutes).

I. PepperBall LIVE projectile is the basic PepperBall projectile and contains 2% PAVA powder and is designed for direct impact and area saturation, especially in confined and/or interior spaces. The projectile is launched from the PepperBall Launcher at a velocity of 280 - 350 fps. The projectile has a direct impact of 60 feet and an area of saturation of 150+ feet. PepperBall LIVE projectile | cost: $1,000 | quantity: 3000 II. CS Liquid Direct Impact 40mm (part# 6322) – This munition is a point-ofaim, point-of-impact direct-fire round. It serves as a solution whether you need to stop the threat from a single subject or control a crowd. The Direct Impact combines blunt trauma with the effects of an irritant powder, thereby maximizing the potential for incapacitation. Defense Technology | cost: $400 | quantity: 9
III. CS Spede-Heat Long Range 40mm (part# 6182) – This munition delivers one chemical canister of CS agent from a 40mm launcher down range up to 150 yards. The Spede-Heat is a pyrotechnic round designed specifically for outdoor use in crowd control situations with a high volume continuous burn that expels its payload in approximately 20-40 seconds from a single source. This munition may be used to conceal tactical movement or to route a crowd. Defense Technology | cost: $800 | quantity: 35
IV. CS Ferret 40mm (part# 2292) – This barricade penetrating munition is filled with a CS powder chemical agent. It is a frangible projectile that is spin stabilized utilizing barrel rifling. It is non-burning and designed to penetrate barriers. Primarily used to dislodge barricaded subjects, it can also be used for area denial. It is designed to penetrate barriers, such as windows, hollow-core doors, wallboard and thin plywood. Upon impact the nose ruptures and instantaneously delivers the CS agent inside a structure or vehicle. Defense Technology | cost: $800 | quantity: 38
V. CS Muzzle Blast 40mm (part# 6042) – This munition is widely used as a crowd management tool for immediate and close deployment. It can also ORD. NO. 1731
EXHIBIT "A"
February 18, 2025 Special & Regular CC Mtg Page 342 of 424 be employed in tactical operations such as barricaded subjects, room clearing, area denial, and for small space contamination (e.g. a means of contaminating crawl spaces and attics). Defense Technology | cost:
$270, quantity: 7
VI. CS Liquid Ferret 12 gauge (part# 3012) – This munition has nonpyrotechnical properties which eliminates the fire hazard common with other products. It is primarily used to dislodge barricaded subjects and is designed to penetrate windows, hollow-core doors, wallboard and thin plywood. Upon impact it delivers CS agent inside a structure or vehicle.

Defense Technology | cost: $600 | quantity: 140
VII. OC Liquid Ferret 12 gauge (part# 3010) – This munition has nonpyrotechnical properties which eliminates the fire hazard common with other products. It is primarily used to dislodge barricaded subjects and is designed to penetrate windows, hollow-core doors, wallboard and thin plywood. Upon impact it delivers CS agent inside a structure or vehicle.

Defense Technology | cost: $600 | quantity: 111
VIII. CS Stinger Grenade (part# 1088) – The CS stinger grenade is a maximum effect device that delivers four stimuli for psychological and physiological effects: rubber pellets, light, sound, and CS. The CS stinger grenade is most widely used as a crowd management tool by Law Enforcement and Corrections. The blast of the CS stinger grenade is sufficient to project the rubber balls and chemical agent in a 50 foot radius. Defense Technology | cost: $810 | quantity: 24
b. Purpose:

To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Situations for use of these chemical agent munitions may include, but are not limited to:

I. Self-destructive, dangerous and/or combative individuals II. Riot/crowd control and civil unrest incidents
III. Circumstances where a tactical advantage can be obtained IV. Dislodging barricaded subjects
V. Potentially vicious and/or dangerous animals
VI. Training exercises or approved demonstrations
ORD. NO. 1731
EXHIBIT "A"
February 18, 2025 Special & Regular CC Mtg Page 343 of 424 c. Authorized Use:

Only personnel that are POST certified as operators or instructors, or personnel designated by the Chief of Police as authorized to use the above specifically mentioned chemical agent munitions.
d. Expected Lifespan:

I. Part# 6322 – 5 years from date of manufacture
II. Part# 6182 – 5 years from date of manufacture
III. Part# 2292 – 5 years from date of manufacture
IV. Part# 6042 – 5 years from date of manufacture
V. Part# 3012 – 5 years from date of manufacture
VI. Part# 3010 – 5 years from date of manufacture
VII. Part# 1088 – 5 years from date of manufacture
e. Fiscal Impact:

I. Part# 6322 – estimated $0 - $400 annually
II. Part# 6182 – estimated $0 - $800 annually
III. Part# 2292 – estimated $0 - $800 annually
IV. Part# 6042 – estimated $0 - $270 annually
V. Part# 3012 – estimated $0 - $600 annually
VI. Part# 3010 – estimated $0 - $600 annually
VII. Part# 1088 – estimated $0 - $850 annually
f. Training:

Personnel operating the above mentioned 40mm launcher and chemical agent munitions receive POST certified training as an operator or instructor and complete annual training and qualifications to maintain certification. g. Legal and Procedural Rules:

Use of the above mentioned 40mm launcher and chemical agent munitions is established under policy and procedure manual. It is the policy of the San Fernando Police Department to utilize this equipment only for official law enforcement purposes, according to State and Federal law.

5. Projectile Launcher Platforms and Associated Munitions (Category 14) a. Description, quantity, capabilities, and purchase cost:

I. The single shot 40mm launcher is not a firearm, but a less lethal system that uses smokeless black powder to deliver 40mm projectiles from a safe distance. The less lethal launcher is capable of launching 40mm munitions up to 131 feet. The launcher can fire impact munitions and chemical agent munitions. This less lethal system offers an alternative in potentially lethal encounters as a means of de-escalation. It also doubles as a valuable tool to control riotous situations and crowd control during civil unrest. The 40m launcher does not have an expiration date and needs to be serviced or replaced when the launcher fails or breaks.

Defense Technology 40mm Tactical Single Launcher | cost: $2,000 | quantity: 1
II. The multiple shot 40mm launcher is not a firearm, but a less lethal system that uses smokeless black powder to deliver 40mm projectiles from a safe distance. The less lethal launcher is capable of launching up to four 40mm munitions consecutively at a distance up to 131 feet. The launcher ORD. NO. 1731
EXHIBIT "A"
February 18, 2025 Special & Regular CC Mtg Page 344 of 424 can fire impact munitions and chemical agent munitions. This less lethal system offers an alternative in potentially lethal encounters as a means of de-escalation. It also doubles as a valuable tool to control riotous situations and crowd control during civil unrest. The 40m launcher does not have an expiration date and needs to be serviced or replaced when the launcher fails or breaks. Defense Technology 40mm Tactical 4-Shot Launcher | cost: $4,000 | quantity: 1
III. The bean bag shotgun is a firearm designed to fire 12 gauge bean bag less lethal munitions and 12 gauge chemical agent munitions. The bean bag shotgun is capable of accurately firing 12 gauge munitions up to 75 feet. This less lethal system offers an alternative in potentially lethal encounters as a means of de-escalation. The bean bag shotgun does not have an expiration date and needs to be serviced or replaced when the launcher fails or breaks. Remington 870 Shotgun with orange highvisibility less lethal stock and foregrip | cost: $8,000 | quantity: 8 IV. Exact Impact 40mm (part# 6325) – The 40mm sponge round is a point-ofaim, point-of-impact, direct-fire munition. This lightweight, high-speed projectile consisting of a plastic body and sponge nose is spin stabilized via the incorporated rifling collar and the 40 mm launcher’s rifled barrel.

The munition is used as an alternative in potentially lethal encounters as a means of de-escalation. It can stop violent threats and subjects that pose a hazard to themselves through blunt force trauma. Defense Technology | cost: $4,000 | quantity: 142
V. Bean Bag 40mm (part# 6025) – The 40mm bean bag munition is most widely used as a crowd management tool by Law Enforcement and Corrections when there is a need to target individual instigators. It has also been successfully used as a dynamic, high-energy, single-subject munition for incapacitation or distraction. The round contains one silica sand-filled bag. Defense Technology | cost: $3,000 | quantity: 510 VI. Bean Bag 12 gauge (part# 3027) – The drag stabilized 12 gauge munition is a translucent 12 gauge shell loaded with a 40g tear-shaped bag made from a cotton and ballistic material blend and filled with #9 shot. This design utilizes four stabilizing tails and utilizes smokeless powder as the propellant. This munition has a velocity of 270 fps with a maximum effective range of 75 feet. The munition is used as an alternative in potentially lethal encounters as a means of de-escalation. It can stop violent threats and subjects that pose a hazard to themselves through blunt force trauma. Defense Technology | cost: $3,000 | quantity: 510 VII. Rubber Ball Stinger 12 gauge (part# 3016) – The rubber ball stinger 12 gauge munition is a translucent 12 gauge shell loaded with approximately eighteen 32-caliber rubber balls. The 12 gauge rubber ball stinger is generally considered a low to medium pain compliance munition for close range deployment. The round has a maximum effective range of approximately 25 feet and a velocity of 500 fps. It is suitable for administering a means of pain compliance and is mainly used for routing crowds or groups that are mildly resistive. Defense Technology | cost:
$2,700 | quantity: 450
ORD. NO. 1731
EXHIBIT "A"
February 18, 2025 Special & Regular CC Mtg Page 345 of 424 b. Purpose:

To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Situations for use of these kinetic energy weapons and munitions may include, but are not limited to:

I. Self-destructive, dangerous and/or combative individuals II. Riot/crowd control and civil unrest incidents
III. Circumstances where a tactical advantage can be obtained IV. Dislodging barricaded subjects
V. Potentially vicious and/or dangerous animals
VI. Training exercises or approved demonstrations
c. Authorized Use:

Only personnel that are POST certified as operators or instructors, or personnel designated by the Chief of Police as authorized to use the above specifically mentioned kinetic energy weapons and the above specifically mentioned munitions.
d. Expected Lifespan:

I. Single Shot 40mm Launcher – no expiration
II. Multiple Shot 40mm Launcher – no expiration
III. Bean Bag Shotgun – no expiration
IV. Part# 6325 – no expiration
V. Part# 6025 – no expiration
VI. Part# 6097 – no expiration
VII. Part# 3027 – no expiration
VIII. Part# 3016 – no expiration
e. Fiscal Impact:

I. Single Shot 40mm Launcher – estimated $0 - $2,000 annually II. Multiple Shot 40mm Launcher – estimated $0-$2,000 annually III. Bean Bag Shotgun – estimated $0 - $1,000 annually
IV. Part# 6325 – estimated $0 - $4,800 annually
V. Part# 6025 – estimated $0 - $2,000 annually
VI. Part# 6097 – estimated $0 - $1,500 annually
VII. Part# 3027 – estimated $0 - $4,000 annually
VIII. Part# 3016 – estimated $0 - $360 annually
f. Training:

Personnel operating the above mentioned 40mm launcher and kinetic energy munitions receive POST certified training as an operator or instructor and complete annual training and qualifications to maintain certification. g. Legal and Procedural Rules:

Use of the above mentioned 40mm launcher and kinetic energy munitions is established under policy and procedure manual. It is the policy of the San Fernando Police Department to utilize this equipment only for official law enforcement purposes, according to State and Federal law.

ORD. NO. 1731
EXHIBIT "A"
February 18, 2025 Special & Regular CC Mtg Page 346 of 424 2024
Annual Military Equipment Report
San Fernando Police Department
ATTACHMENT "B"
February 18, 2025 Special & Regular CC Mtg Page 347 of 424 Military Equipment Use AB 481 Compliance Requirements:
 Approval of the Military Use Policy (Completed 2022, Policy 706)  Publishing the Policy (Completed 2022)
 Annual Report (See Below)
Annual Report Description:

Assembly Bill 481 requires the Department to report annually on the inventory, procurement, use, and misuse of covered military equipment items. The annual report also provides an account of the current inventory possessed by the Department for each category of military equipment.

Per AB 481, the annual report must include the following:
(1) A summary of how the military equipment was used and the purpose of its use. (2) A summary of any complaints or concerns received concerning the military equipment. (3) The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response. (4) The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report. (5) The quantity possessed for each type of military equipment. (6) If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment.

San Fernando Ordinance No. 1711 Military Equipment Policy As required by AB 481, the San Fernando City Council reviewed this section as an ordinance to approve a military equipment use policy. The City Council's approval shall remain effective for a period of one-year, which approval may be revoked, extended, renewed, modified or amended by ordinance of the City Council. Within a year of the initial approval, and at least annually thereafter, the City Council will review this Ordinance. The City Council may, by ordinance, make amendments, modifications or revisions to the military equipment use policy adopted by the Department. The ordinance must be reviewed and renewed annually.

February 18, 2025 Special & Regular CC Mtg Page 348 of 424 A. The City Council has made the following determinations:

1. The military equipment inventoried and presented to the City Council is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.

2. The proposed military equipment use policy (SFPD Policy 706) will safeguard the public welfare, safety, civil rights and civil liberties (said Policy is attached hereto as Exhibit “A” and incorporated by this reference).

3. The equipment is reasonably cost-effective compared to available alternatives that can achieve the same objective of officer and civilian safety (if any).

4. Prior military equipment use complied with the applicable equipment use policy (which included equipment now defined as military equipment) that was in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance.

Equipment Usage for 2024:

On May 25, 2024, a 40mm less-lethal launcher was deployed and utilized in response to an active shooter situation in the 1900 block of Warren Street. Three 40mm rubber projectiles were discharged; the initial two rounds failed to hit the suspect, while the third round struck the suspect, who was not adhering to the officers’ directives to surrender peacefully following the shooting of several individuals and on a police helicopter.

Summary of Complaints for 2024:

The Department did not receive any complaints concerning military equipment from January through December 2024.

Violations of Policy 706:

The Department conducted an internal audit and determined that there were no violation(s) of the Policy for calendar year 2024.

Total Annual Cost for Military Equipment:

The estimated annual cost for the maintenance of the military equipment in the current inventory was assessed to be zero. This includes the cost of replacement parts, cleaning supplies, and the staff time to conduct inspections on the equipment.

Acquire Additional Military Equipment:

The Department does not intend to acquire any additional military equipment for the calendar year 2025.

February 18, 2025 Special & Regular CC Mtg Page 349 of 424 CURRENT MILITARY EQUIPMENT INVENTORY LIST:

1. Specialized Firearms and Ammunition [Category 10]
This equipment is typically used to address potentially deadly threats with more precision, handle close-quarter situations/confined spaces, and/or deployment at greater distance than a handgun. According to State and Federal law, the Department’s policy is to utilize the equipment only for official law enforcement purposes. Those operating specialized firearms receive POST certified training and complete annual training to maintain certification. The Department possesses the following specialized firearms:

A. Colt AR-15 M4 Submachine Rifles (4)
i. Acquisition Cost: $3,000
ii. Estimated Annual Cost: $0-$2,000
iii. Actual Annual Operating Cost: $0
iv. Life Span: No expiration
B. HK MP-5 Submachine Guns (8)
i. Acquisition Cost: $3,600
ii. Estimated Annual Cost: $0-$2,000
iii. Actual Annual Operating Cost: $0
iv. Life Span: No expiration
C. Sniper Rifles (2)
i. Acquisition Cost: $16,400
ii. Estimated Annual Cost: $0-$2,000
iii. Actual Annual Operating Cost: $0
iv. Life Span: No expiration
D. 308 Winchester 168 Grain Rifle Cartridges (50)
i. Acquisition Cost: $200
ii. Estimated Annual Cost: $0-$200
iii. Actual Annual Operating Cost: $0
iv. Life Span: No expiration

2. PepperBall Launcher and Projectiles [Category 11]
This non-lethal equipment is typically used to de-escalate conflicts where lethal force is prohibited or undesirable. Situations where this equipment may be deployed include dealing with combative individuals, riots or civil unrest, potentially vicious or dangerous animals, and training exercises or demonstrations. In accordance with State and Federal law, the Department’s policy is to utilize the equipment only for official law enforcement February 18, 2025 Special & Regular CC Mtg Page 350 of 424 purposes. Only those trained as operators or instructors or designated by the Police Chief are authorized to use the PepperBall system. The Department possesses the following Pepperball launcher equipment:

A. PepperBall Launchers (3)
i. Acquisition Cost: $3,500
ii. Estimated Annual Cost: $0-$2,000
iii. Actual Annual Operating Cost: $0
iv. Life Span: No expiration
B. Bean Bag Shotgun (3)
i. Acquisition Cost: $8,000
ii. Estimated Annual Cost: $0-$2,000
iii. Actual Annual Operating Cost: $0
iv. Life Span: No Expiration

3. Tear Gas [Category 12]
This non-lethal chemical agent munitions equipment is typically used to limit the escalation of conflict where use of lethal force is prohibited or undesirable. Situations in which this equipment may be used include dealing with combative individuals, riots or civil unrest, potentially vicious or dangerous animals, and training exercises or demonstrations.

In accordance with State and Federal law, the Department’s policy is to utilize the equipment only for official law enforcement purposes. Only those who are POST certified or designated by the Police Chief are authorized to use this equipment. The Department possesses the following tear gas equipment:

A. CS Liquid Direct Impact 40mm Munition (9)
i. Acquisition Cost: $400
ii. Estimated Annual Cost: $0-$400
iii. Actual Annual Operating Cost: $0
iv. Life Span: 5 years from date of manufacture
B. CS Speed-Heat Long Range 40mm Munitions (35)
i. Acquisition Cost: $800
ii. Estimated Annual Cost: $0-$800
iii. Actual Annual Operating Cost: $0
iv. Life Span: 5 years from date of manufacture
February 18, 2025 Special & Regular CC Mtg Page 351 of 424 C. Smokeless Powder Bean Bag 40mm Munitions (67)
i. Acquisition Cost: $2,000
ii. Estimated Annual Cost: $0-$2,000
iii. Actual Annual Operating Cost: $0
iv. Life Span: 5 years from date of manufacture
D. CS Ferret 40mm Munitions (38)
i. Acquisition Cost: $800
ii. Estimated Annual Cost: $0-$800
iii. Actual Annual Operating Cost: $0
iv. Life Span: 5 years from date of manufacture
E. CS Muzzle Blast 40mm Munitions (7)
i. Acquisition Cost: $270
ii. Estimated Annual Cost: $0-$270
iii. Actual Annual Operating Cost: $0
iv. Life Span: 5 years from date of manufacture
F. CS Liquid Ferret 12 Gauge (140)
i. Acquisition Cost: $600
ii. Estimated Annual Cost: $0-$600
iii. Actual Annual Operating Cost: $0
iv. Life Span: 5 years from date of manufacture
G. OC Liquid Ferret 12 Gauge (111)
i. Acquisition Cost: $600
ii. Estimated Annual Cost: $0-$600
iii. Actual Annual Operating Cost: $0
iv. Life Span: 5 years from date of manufacture
H. CS Stinger Grenades (24)
i. Acquisition Cost: $850
ii. Estimated Annual Cost: $0-$850
iii. Actual Annual Operating Cost: $0
iv. Life Span: 5 years from date of manufacture
I. PepperBall Projectiles (3,000)
i. Acquisition Cost: $1,000
ii. Estimated Annual Cost: $0-$1,000
iii. Actual Annual Operating Cost: $0
February 18, 2025 Special & Regular CC Mtg Page 352 of 424 iv. Expect Life Span: 5 years from date of manufacture

4. Projectile Launcher Platforms and Associated Munitions [Category 14] This non-lethal kinetic energy weapons equipment is typically used to limit the escalation of conflict where use of lethal force is prohibited or undesirable. Situations in which this equipment may be used include dealing with combative individuals, riots or civil unrest, potentially vicious or dangerous animals, and training exercises or demonstrations.

According to State and Federal law, the Department’s policy is to utilize the equipment only for official law enforcement purposes. Only those who are POST certified or designated by the Police Chief are authorized to use this equipment. The Department possesses the following projectile launcher equipment:

A. Tactical 40mm Single Shot Launcher (1)
i. Acquisition Cost: $2,000
ii. Estimated Annual Cost: $0-$2,000
iii. Actual Annual Operating Cost: $0
iv. Life Span: No expiration
B. Multiple Shot 40mm Tactical 4-Shot Launcher (1)
i. Acquisition Cost: $4,000
ii. Estimated Annual Cost: $0-$2,000
iii. Actual Annual Operating Cost: $0
iv. Life Span: Not Expiration
C. Direct Impact 40mm Sponge Munition (142)
i. Acquisition Cost: $4,000
ii. Estimated Annual Cost: $0-$2,000
iii. Actual Annual Operating Cost: $0
iv. Life Span: No expiration
D. Bean Bag 12 Gauge Munition (510)
i. Acquisition Cost: $3,000
ii. Estimated Annual Cost: $0-$3,000
iii. Actual Annual Operating Cost: $0
iv. Life Span: No expiration
E. Rubber Ball Stinger 12 Gauge (450)
i. Acquisition Cost: $2,700
ii. Estimated Annual Cost: $0-$2,700
iii. Actual Annual Operating Cost: $0
February 18, 2025 Special & Regular CC Mtg Page 353 of 424 iv. Life Span: No expiration
Although deployed as an option during certain occasions, the aforementioned equipment was utilized on only one occasion during the calendar year 2024. The Department is providing this disclosure pursuant to the requirements of AB 481. In addition, the Department did not receive any complaints or concerns about the aforementioned equipment. Nor does the Department foresee the acquisition of any additional military equipment at this time.

BUDGET IMPACT:

There were no new purchases of military equipment in 2024. The Department does not intend to purchase any new military equipment in 2025.

CONCLUSION:

It is recommended that the City Council accept, file, and approve the AB 481 Military Equipment use Policy Annual Report.

February 18, 2025 Special & Regular CC Mtg Page 354 of 424 Assembly Bill No. 481
CHAPTER 406
An act to add Chapter 12.8 (commencing with Section 7070) to Division 7 of Title 1 of the Government Code, relating to military equipment. [Approved by Governor September 30, 2021. Filed with
Secretary of State September 30, 2021.]
legislative counsel’s digest
AB 481, Chiu. Law enforcement and state agencies: military equipment:
funding, acquisition, and use.

Existing law designates the Department of General Services as the agency for the State of California responsible for distribution of federal surplus personal property, excepting food commodities, and requires the department to, among other things, do all things necessary to the execution of its powers and duties as the state agency for the distribution of federal personal surplus property, excepting food commodities, in accordance with specified federal law. Existing law, the Federal Surplus Property Acquisition Law of 1945, authorizes a local agency, as defined, to acquire surplus federal property without regard to any law which requires posting of notices or advertising for bids, inviting or receiving bids, or delivery of purchases before payment, or which prevents the local agency from bidding on federal surplus property.

Existing federal law authorizes the Department of Defense to transfer surplus personal property, including arms and ammunition, to federal or state agencies for use in law enforcement activities, subject to specified conditions, at no cost to the acquiring agency.

This bill would require a law enforcement agency, defined to include specified entities, to obtain approval of the applicable governing body, by adoption of a military equipment use policy, as specified, by ordinance at a regular meeting held pursuant to specified open meeting laws, prior to taking certain actions relating to the funding, acquisition, or use of military equipment, as defined. The bill would also require similar approval for the continued use of military equipment acquired prior to January 1, 2022. The bill would allow the governing body to approve the funding, acquisition, or use of military equipment within its jurisdiction only if it determines that the military equipment meets specified standards. The bill would require the governing body to annually review the ordinance and to either disapprove a renewal of the authorization for a type, as defined, of military equipment or amend the military equipment use policy if it determines, based on an annual military equipment report prepared by the law enforcement agency, as provided, that the military equipment does not comply with the above-described standards for approval. The bill would specify these provisions do not preclude a county or local municipality from implementing 92 STATE OF CALIFORNIA

AUTHENTICATED

ELECTRONIC LEGAL MATERIAL
ATTACHMENT "C"
February 18, 2025 Special & Regular CC Mtg Page 355 of 424 additional requirements and standards related to the purchase, use, and reporting of military equipment by local law enforcement agencies.

This bill would also require a state agency, as defined, to create a military equipment use policy before engaging in certain activities, publish the policy on the agency’s internet website, and provide a copy of the policy to the Governor or the Governor’s designee, as specified. The bill would also require a state agency that seeks to continue use of military equipment acquired prior to January 1, 2022, to create a military equipment use policy.

This bill would also include findings that the changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.

By adding to the duties of local officials with respect to the funding, acquisition, and use of military equipment, this bill would impose a state-mandated local program.

The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose.

This bill would make legislative findings to that effect.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

The people of the State of California do enact as follows:

SECTION 1. The Legislature finds and declares all of the following:
(a)  The acquisition of military equipment and its deployment in our communities adversely impacts the public’s safety and welfare, including increased risk of civilian deaths, significant risks to civil rights, civil liberties, and physical and psychological well-being, and incurment of significant financial costs. Military equipment is more frequently deployed in low-income Black and Brown communities, meaning the risks and impacts of police militarization are experienced most acutely in marginalized communities.
(b)  The public has a right to know about any funding, acquisition, or use of military equipment by state or local government officials, as well as a right to participate in any government agency’s decision to fund, acquire, or use such equipment.
(c)  Decisions regarding whether and how military equipment is funded, acquired, or used should give strong consideration to the public’s welfare, safety, civil rights, and civil liberties, and should be based on meaningful public input.
92 Ch. 406 — 2 —
February 18, 2025 Special & Regular CC Mtg Page 356 of 424 (d)  Legally enforceable safeguards, including transparency, oversight, and accountability measures, must be in place to protect the public’s welfare, safety, civil rights, and civil liberties before military equipment is funded, acquired, or used.
(e)  The lack of a public forum to discuss the acquisition of military equipment jeopardizes the relationship police have with the community, which can be undermined when law enforcement is seen as an occupying force rather than a public safety service.

SEC. 2. Chapter 12.8 (commencing with Section 7070) is added to Division 7 of Title 1 of the Government Code, to read:

Chapter 12.8. Funding, Acquisition, and Use of Military Equipment
7070. For purposes of this chapter, the following definitions shall apply:
(a)  “Governing body” means the elected body that oversees a law enforcement agency or, if there is no elected body that directly oversees the law enforcement agency, the appointed body that oversees a law enforcement agency. In the case of a law enforcement agency of a county, including a sheriff’s department or a district attorney’s office, “governing body” means the board of supervisors of the county.
(b)  “Law enforcement agency” means any of the following:
(1)  A police department, including the police department of a transit agency, school district, or any campus of the University of California, the California State University, or California Community Colleges. (2)  A sheriff’s department.
(3)  A district attorney’s office.
(4)  A county probation department.
(c)  “Military equipment” means the following:
(1)  Unmanned, remotely piloted, powered aerial or ground vehicles. (2)  Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. However, police versions of standard consumer vehicles are specifically excluded from this subdivision.
(3)  High mobility multipurpose wheeled vehicles (HMMWV), commonly referred to as Humvees, two and one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. However, unarmored all-terrain vehicles (ATVs) and motorized dirt bikes are specifically excluded from this subdivision.
(4)  Tracked armored vehicles that provide ballistic protection to their occupants and utilize a tracked system instead of wheels for forward motion. (5)  Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. (6)  Weaponized aircraft, vessels, or vehicles of any kind. (7)  Battering rams, slugs, and breaching apparatuses that are explosive in nature. However, items designed to remove a lock, such as bolt cutters, 92 — 3 — Ch. 406
February 18, 2025 Special & Regular CC Mtg Page 357 of 424 or a handheld ram designed to be operated by one person, are specifically excluded from this subdivision.
(8)  Firearms of .50 caliber or greater. However, standard issue shotguns are specifically excluded from this subdivision.
(9)  Ammunition of .50 caliber or greater. However, standard issue shotgun ammunition is specifically excluded from this subdivision. (10)  Specialized firearms and ammunition of less than .50 caliber, including assault weapons as defined in Sections 30510 and 30515 of the Penal Code, with the exception of standard issue service weapons and ammunition of less than .50 caliber that are issued to officers, agents, or employees of a law enforcement agency or a state agency. (11)  Any firearm or firearm accessory that is designed to launch explosive projectiles.
(12)  “Flashbang” grenades and explosive breaching tools, “tear gas,” and “pepper balls,” excluding standard, service-issued handheld pepper spray.
(13)  Taser Shockwave, microwave weapons, water cannons, and the Long Range Acoustic Device (LRAD).
(14)  The following projectile launch platforms and their associated munitions: 40mm projectile launchers, “bean bag,” rubber bullet, and specialty impact munition (SIM) weapons.
(15)  Any other equipment as determined by a governing body or a state agency to require additional oversight.
(16)  Notwithstanding paragraphs (1) through (15), “military equipment” does not include general equipment not designated as prohibited or controlled by the federal Defense Logistics Agency.
(d)  “Military equipment use policy” means a publicly released, written document governing the use of military equipment by a law enforcement agency or a state agency that addresses, at a minimum, all of the following:
(1)  A description of each type of military equipment, the quantity sought, its capabilities, expected lifespan, and product descriptions from the manufacturer of the military equipment.
(2)  The purposes and authorized uses for which the law enforcement agency or the state agency proposes to use each type of military equipment. (3)  The fiscal impact of each type of military equipment, including the initial costs of obtaining the equipment and estimated annual costs of maintaining the equipment.
(4)  The legal and procedural rules that govern each authorized use. (5)  The training, including any course required by the Commission on Peace Officer Standards and Training, that must be completed before any officer, agent, or employee of the law enforcement agency or the state agency is allowed to use each specific type of military equipment to ensure the full protection of the public’s welfare, safety, civil rights, and civil liberties and full adherence to the military equipment use policy.
(6)  The mechanisms to ensure compliance with the military equipment use policy, including which independent persons or entities have oversight 92 Ch. 406 — 4 —
February 18, 2025 Special & Regular CC Mtg Page 358 of 424 authority, and, if applicable, what legally enforceable sanctions are put in place for violations of the policy.
(7)  For a law enforcement agency, the procedures by which members of the public may register complaints or concerns or submit questions about the use of each specific type of military equipment, and how the law enforcement agency will ensure that each complaint, concern, or question receives a response in a timely manner.
(e)  “State agency” means the law enforcement division of every state office, officer, department, division, bureau, board, and commission or other state body or agency, except those agencies provided for in Article IV (except Section 20 thereof) or Article VI of the California Constitution. (f)  “Type” means each item that shares the same manufacturer model number.
7071. (a)  (1)  A law enforcement agency shall obtain approval of the governing body, by an ordinance adopting a military equipment use policy at a regular meeting of the governing body held pursuant to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2) or the Ralph M.

Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5), as applicable, prior to engaging in any of the following:
(A)  Requesting military equipment made available pursuant to Section 2576a of Title 10 of the United States Code.
(B)  Seeking funds for military equipment, including, but not limited to, applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers. (C)  Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
(D)  Collaborating with another law enforcement agency in the deployment or other use of military equipment within the territorial jurisdiction of the governing body.
(E)  Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body pursuant to this chapter.
(F)  Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of, military equipment. (G)  Acquiring military equipment through any means not provided by this paragraph.
(2)  No later than May 1, 2022, a law enforcement agency seeking to continue the use of any military equipment that was acquired prior to January 1, 2022, shall commence a governing body approval process in accordance with this section. If the governing body does not approve the continuing use of military equipment, including by adoption pursuant to this subdivision of a military equipment use policy submitted pursuant to subdivision (b), within 180 days of submission of the proposed military equipment use policy to the governing body, the law enforcement agency shall cease its use of 92 — 5 — Ch. 406
February 18, 2025 Special & Regular CC Mtg Page 359 of 424 the military equipment until it receives the approval of the governing body in accordance with this section.
(b)  In seeking the approval of the governing body pursuant to subdivision (a), a law enforcement agency shall submit a proposed military equipment use policy to the governing body and make those documents available on the law enforcement agency’s internet website at least 30 days prior to any public hearing concerning the military equipment at issue. (c)  The governing body shall consider a proposed military equipment use policy as an agenda item for an open session of a regular meeting and provide for public comment in accordance with the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2) or the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5), as applicable.
(d)  (1)  The governing body shall only approve a military equipment use policy pursuant to this chapter if it determines all of the following:
(A)  The military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety. (B)  The proposed military equipment use policy will safeguard the public’s welfare, safety, civil rights, and civil liberties. (C)  If purchasing the equipment, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety.
(D)  Prior military equipment use complied with the military equipment use policy that was in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance. (2)  In order to facilitate public participation, any proposed or final military equipment use policy shall be made publicly available on the internet website of the relevant law enforcement agency for as long as the military equipment is available for use.
(e)  (1)  The governing body shall review any ordinance that it has adopted pursuant to this section approving the funding, acquisition, or use of military equipment at least annually and, subject to paragraph (2), vote on whether to renew the ordinance at a regular meeting held pursuant to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2) or the Ralph M.

Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5), as applicable.
(2)  The governing body shall determine, based on the annual military equipment report submitted pursuant to Section 7072, whether each type of military equipment identified in that report has complied with the standards for approval set forth in subdivision (d). If the governing body determines that a type of military equipment identified in that annual military equipment report has not complied with the standards for approval set forth in subdivision (d), the governing body shall either disapprove a renewal of the authorization for that type of military equipment or require modifications 92 Ch. 406 — 6 —
February 18, 2025 Special & Regular CC Mtg Page 360 of 424 to the military equipment use policy in a manner that will resolve the lack of compliance.
(f)  Notwithstanding subdivisions (a) to (e), inclusive, if a city contracts with another entity for law enforcement services, the city shall have the authority to adopt a military equipment use policy based on local community needs.
7072. (a)  A law enforcement agency that receives approval for a military equipment use policy pursuant to Section 7071 shall submit to the governing body an annual military equipment report for each type of military equipment approved by the governing body within one year of approval, and annually thereafter for as long as the military equipment is available for use. The law enforcement agency shall also make each annual military equipment report required by this section publicly available on its internet website for as long as the military equipment is available for use. The annual military equipment report shall, at a minimum, include the following information for the immediately preceding calendar year for each type of military equipment:
(1)  A summary of how the military equipment was used and the purpose of its use.
(2)  A summary of any complaints or concerns received concerning the military equipment.
(3)  The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response. (4)  The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report.
(5)  The quantity possessed for each type of military equipment. (6)  If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment.
(b)  Within 30 days of submitting and publicly releasing an annual military equipment report pursuant to this section, the law enforcement agency shall hold at least one well-publicized and conveniently located community engagement meeting, at which the general public may discuss and ask questions regarding the annual military equipment report and the law enforcement agency’s funding, acquisition, or use of military equipment. 7073. (a)  A state agency shall create a military equipment use policy prior to engaging in any of the following:
(1)  Requesting military equipment made available pursuant to Section 2576a of Title 10 of the United States Code.
(2)  Seeking funds for military equipment, including, but not limited to, applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers. (3)  Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
92 — 7 — Ch. 406
February 18, 2025 Special & Regular CC Mtg Page 361 of 424 (4)  Collaborating with a law enforcement agency or another state agency in the deployment or other use of military equipment within the territorial jurisdiction of the governing body.
(5)  Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body pursuant to this chapter.
(6)  Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, or to apply to receive, acquire, use, or collaborate in the use of, military equipment. (7)  Acquiring military equipment through any means not provided by this subdivision.
(b)  No later than May 1, 2022, a state agency seeking to continue the use of any military equipment that was acquired prior to January 1, 2022, shall create a military equipment use policy.
(c)  A state agency that is required to create a military equipment use policy pursuant to this section shall do both of the following within 180 days of completing the policy:
(1)  Publish the military equipment use policy on the agency’s internet website.
(2)  Provide a copy of the military equipment use policy to the Governor or the Governor’s designee.
7074. The Legislature finds and declares that ensuring adequate oversight of the acquisition and use of military equipment is a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, this chapter applies to all cities, including charter cities and shall supersede any inconsistent provisions in the charter of any city, county, or city and county. 7075. Nothing in this chapter shall preclude a county or local municipality from implementing additional requirements and standards related to the purchase, use, and reporting of military equipment by local law enforcement agencies.

SEC. 3. The Legislature finds and declares that Section 1 of this act, which adds Chapter 12.8 (commencing with Section 7070) to Division 7 of Title 1 of the Government Code, furthers, within the meaning of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the purposes of that constitutional section as it relates to the right of public access to the meetings of local public bodies or the writings of local public officials and local agencies. Pursuant to paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the Legislature makes the following findings:

Requiring local agencies to hold public meetings prior to the acquisition of military equipment further exposes that activity to public scrutiny and enhances public access to information concerning the conduct of the people’s business.

SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district under this act would 92 Ch. 406 — 8 —
February 18, 2025 Special & Regular CC Mtg Page 362 of 424 result from a legislative mandate that is within the scope of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution.

O
92 — 9 — Ch. 406
February 18, 2025 Special & Regular CC Mtg Page 363 of 424 Your Return Mailing Address
Name: San Fernando Sun
Address: 1150 San Fernando Road, Suite 100
City: San Fernando State CA Zip Code: 91340
Proof of Publication -
(2015.5 C.C.P.)

ST ATE OF CALIFORNIA

COUNTY OF LOS ANGELES
The undersigned says:

I am a citizen of the United States, and
a resident of the county aforesaid; I am
over the age of eighteen years; and I
am not a party to or interested in the
notice published. I am the chief legal
advertising clerk of the publisher of the
San Fernando Valley Sun
a newspaper of general circulation, printed and
published weekly in the San Fernando Valley ,
in the County of Los Angeles, and which
newspaper has been adjudged a newspaper of
general circulation by the Superior Court of
the County of Los Angeles, State of California,
Under the date of 8-16, 1945
Case Number 503894
that the notice, of which the annexed is a printed
copy has been published in each regular and entire
issue of said newspaper and not in any supplement
There of on the following dates, to-wit:
01/30/2025
all in the year 2024. I certify (or declare)
under penalty of perjury that the foregoing is trne
and correct. Dated at San Fernando California, on
this 30th day of January, 2025
Signature,
Yaritza Rodriguez

SAN FERNANDO VALLEY SUN
1150 SAN FERNANDO ROAD, SUITE 100
SAN FERNANDO,CA 91340
NOTICE OF PUBLIC H R1NO
Ct OF SAN FERNA CITY
UNCIL TO COHSI APPR THE ADOPTION o ORDI CE JU>PAlOVl,NO A I rTARY USE EQUIPMENT POLICY,

AS REQUIRED BY ASSEMBLY
BILL 481 (AB 481)
NOTICE IS HEREBY GIVEN that the
City Council of the City of San Fernando will hold a Public Hearing for the consideration and a first reading
to adopt an ordinance to approve the
San Fernando Police Department's
Military Use Equipment Polley ("Policy") as required by Assembly Bill 481 ("AB 481").

DATE & TIME HEARING: February 18, 2025, 6:00 P.M., or as soon thereafter as possible
HEARING LOCATION:Clty Hall
Council Chambers, 117 Macneil
Street, San Fernando
PROPOSAL: The City Council of the
City of San Fernando will conduct a
public hearing on Tuesday, February
18, 2025, at 6:00 p.m. to consider
adopting an ordinance approving
the Annual Military Use Equipment
Policy as required by AB 481 . AB
481 was signed into law on September 30, 2021, and requires law enforcement agencies, including
San Fernando Police Department,
to annually adopt a Polley In order
to take actions relating to the funding, acquisition, or use of military equipment as that term Is defined by
state law. The City's proposed Policy Is available for review at: https:// cl.san-fernando.ca.us/sfpolice/#military-equlpment.

The City Council staff report and
other Information will be available on
Friday,
February 14, 2025 before 12 p.m.,
and will be posted on the City's website https://ci.san-fernando.ca.us/ city-councll/#agenda-mlnutes-audlo.

The City of San Fernando strongly encourages your participation.

Interested members of the public
may . provide comments regardIng approval of the Annual Military Equipment Policy during t_he public
hearing on this matter. Additionally,
public comments may be submitted
via email to [email protected], or
malled to City Clerk Office, 117 N
Macneil Street, San Fernando, CA
91340 and received by the date and
close of the public hearing. If you
have any questions, please contact
Walter Dominguez, Lieutenant, at
WDomlnguezCsfcity.org or call (818)
898-1258.

Date this 30th day of January, 2025
City of San Fernando, California
ls/Julia Fritz, CMC
City Clerk
Publish: 01/30/2025
San Fernando Sun
L13882
ATTACHMENT "D"
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February 18, 2025 Special & Regular CC Mtg Page 366 of 424

AGENDA REPORT
ADMINISTRATIVE SERVICES DEPARTMENT 117 MACNEIL STREET, SAN FERNANDO, CA 91340 (818) 898-7307 WWW.SFCITY.ORG REVIEW: ☐ Finance Department ☒ Deputy City Manager ☐ City Manager To: Mayor Mary Mendoza and Councilmembers
From: Nick Kimball, City Manager
By: Erica D. Melton, Director of Administrative Services

Date: February 18, 2025
Subject: Receive and File an Informational Presentation on the City’s Pension and Other Post-Employment Benefits Liabilities
RECOMMENDATION:

It is recommended that the City Council:
a. Receive and file a presentation from staff; and
b. Provide additional direction as appropriate.

BACKGROUND:

1. On May 28, 2024, during the fiscal year 2024-2025 Budget Study Sessions, City Council directed staff to return with an update on the City’s outstanding pension and healthcare liabilities.

2. On September 25, 2024, staff received the Retiree Healthcare Plan Actuarial Valuation from the City’s Other Post-Employment Benefits (OPEB) Consultants.

Pension Benefits.

3. On April 9, 1946, San Fernando voters approved a ballot measure authorizing an ad valorem property tax rate that can only be used for the purpose of funding retirement benefits for City employees.

4. In October 1946, the City of San Fernando (City) joined the California Public Employees Retirement System (CalPERS), which allows public entities to provide various levels of retirement benefits with benefit provisions set by state statute.

5. According to a 1955 State Supreme Court ruling, public employee benefits, once granted, cannot be modified, even for future work. This is called the “California Rule,” and has been upheld by the State Supreme Court as recently as 2020 in the Alameda County Deputy Sheriff’s Association v. Alameda County Employees’ Retirement Association decision.

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6. In FY 1982-1983, the City levied an ad valorem property tax rate of $0.28420 for each $100 of assessed value on all property in the City subject to taxation (Resolution No. 5252, adopted August 18, 1982) to pay the City’s annual CalPERS obligation.

7. In August 2021, the City issued $31,780,000 and $4,745,000 in Pension Obligation Bonds (POBs), Series 2021A and 2021B, respectively to provide funding for contributions to the City’s unfunded pension obligations. By paying off the Unfunded Liability and replacing it with level debt service payments, it has allowed the City to minimize the ad valorem property taxes rate required to fund pension costs annually.

8. On August 19, 2024, the City Council approved the Pension Tax at $0.170462 per $100 of assessed value, a decrease of 9.1% from the prior year rate of $0.187613.

Retiree Health Benefits.

9. In addition to a defined benefit pension plan, the City provides other post-employment benefits (OPEB), specifically, retiree health benefits. Employees that service retire or disability retire directly from the City of San Fernando receive some level of lifetime paid healthcare benefit. City Retiree Health benefits are paid directly from the City’s General Fund on an annual “pay-as-you-go” basis.

10. On May 1, 2023, the City Council approved establishing a Section 115 Trust for the purpose setting aside designated funding to be used towards paying future retiree medical benefits.

In Fiscal Years 2022-2023, 2023-2024 and 2024-2025 Adopted Budgets, the City Council authorized $500,000 for each year towards the Pension Trust.

ANALYSIS:

The purpose of providing a defined benefit pension and retiree health benefits to employees is to ensure financial security and health coverage for employees after they retire. These benefits are designed to support employees in their later years, helping them maintain a decent standard of living and access to necessary healthcare. City employers provide pension and retiree health benefits to attract and retain a skilled workforce, ensuring stability and continuity in public services. These benefits offer employees financial security and healthcare coverage in retirement, encouraging long-term commitment and fostering job satisfaction.

The cost of public pensions and sustainability of the defined benefit system has long been part of the national public policy conversation on the vulnerability of pension systems. Due to increasing life expectancy rates as quality of life improves, pension systems have been challenged with paying benefits for a growing number of retirees for a longer period of time. This is coupled with fewer younger workers, due to declining birth rates, contributing to an imbalance between February 18, 2025 Special & Regular CC Mtg Page 368 of 424 Receive and File an Informational Presentation on the City’s Pension and Other Post-Employment Benefits Liabilities

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contributors and recipients. The demographic assumptions upon which the pension system was built has created a strain as funding sources are no longer able to keep pace with expanding costs.

The City provides a defined benefit pension plan to all full-time employees through the California Public Employees Retirement System (CalPERS). CalPERS is the largest public pension fund in the United States with over $500 billion in assets covering more than two (2) million state, school and public employees. CalPERS, however, is considered to be underfunded because it owes more in benefits over time than the present value of its assets.

Presently, assets are worth approximately 75% of what is owed to current employees and retirees. Funding levels can vary significantly each year due to economic cycles. For example, during the Great Recession, CalPERS experienced significant investment losses and was forced to re-evaluate its two (2) sources of income: 1) earnings on invested assets, and 2) annual charges to member agencies.

In 2012, the California state legislature passed the California Public Employees’ Pension Reform Action (PEPRA), to address the structural issues and transfer more of the cost of pensions to public agency employees and new employees. PEPRA significantly reduced benefits for public employees hired after January 1, 2013, and limited member agencies’ ability to increase existing pension benefits. The outcome effectively established varying employee pension benefit tiers. A summary of the various benefit levels provided by the City are as follows:

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CalPERS also acknowledged the expectation of less revenue from investments, and established new policies to shorten the timeline to collect investment losses from member public agencies from 30 years to 20 years, which significantly increased annual pension costs statewide.

Every municipal government is funded by a different mix of revenue sources, which typically include Sales Tax, Property Tax, Business Tax, Utility Tax, Transient Occupancy Tax (Hotel Tax), Franchise Fees, and User Fees. These taxes and fees are used to fund public safety, infrastructure maintenance, recreation and cultural programming, economic development, and general administration (including pension costs). The City is somewhat unique in California as it does not have a Utility Tax or a Transient Occupancy Tax; however, the City has a special property tax specifically earmarked to pay employee pensions. As a result, the City does not currently use General Fund revenue to pay employee pensions.

Pension Cost Control Efforts
The growing interest accruing on the unfunded liability as a result of CalPERS changes would have required the City to raise property taxes over the next 10 years to cover the annual cost of the debt with CalPERS. To address this, in 2018, the City Council appointed an ad hoc to work with staff to evaluate the City’s retirement related liabilities and develop recommendations to control pension costs. The City has since implemented a number of pension-related cost control measures, including:
• Refinancing the City’s Long-Term Pension Liability through a Low-Interest Pension Obligation Bond: In August 2021, the City issued $31,780,000 and $4,745,000 in Pension Obligation Bonds (POBs), Series 2021A and 2021B, respectively to provide funding for contributions to the City’s unfunded pension obligations. The proceeds from POBs are being used to pay CalPERS to reduce the Unfunded Liability from the 2021 total of $45.6 million and replace the CalPERS annual rate of 6.80% with a fixed debt service payment to the bond trustee, which is currently 3.85% per year. The City’s annual rate is now locked and fixed over the 25-year term of the Bond, which is projected to generate approximately $15 million in savings through Fiscal Year 2046.

In August 2024, Standard and Poor’s (S&P) Global Ratings, raised the City’s long-term and underlying POB rating from a strong credit rating of 'A+' (strong capacity to meet financial commitment, but with sensitivity to adverse economic conditions) to a higher credit rating of ‘AA-‘ (strong capacity to meet credit worthiness with a stable outlook). • Pre-Paying Annual Unfunded Liability: As of June 30, 2024, the City reported a liability of $21,153,018 for its proportionate share of the net pension liability. The City’s required contribution for the unfunded liability was $858,008 in fiscal year 2024. CalPERS allows member agencies to pre-pay the annual unfunded liability at a discounted rate in July rather than paying in 12 monthly installments. The City has done this for a number of years, which saves in interest costs. This is only possible because of a cash balance in the February 18, 2025 Special & Regular CC Mtg Page 370 of 424 Receive and File an Informational Presentation on the City’s Pension and Other Post-Employment Benefits Liabilities

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Pension Tax fund available to make the payment. Staff anticipates retaining sufficient cash in the fund to continue this practice. The City’s contributions to the Plan for the year ended June 30, 2024, were $2,583,891.
• Negotiating Employee Pension Contributions: The City negotiated cost sharing with the various bargaining units, with employees paying between 4% and 8% of the employer pension cost, depending on bargaining unit and tier.

As a result of these measures, since 2014 the City Council has been able to gradually decrease the Tax Rate from $0.26 per $1,000 of Assessed Value in 2013 to $0.17 per $1,000 of Assessed Value in 2024. This has been possible because annual increases in assessed value has exceeded annual increases in CalPERS costs. Additionally, due to the elimination of redevelopment in California, the City began receiving Pension Tax revenue from all of the former redevelopment project areas in Fiscal Year 2015-2016. Prior to 2015, Pension Tax revenues were giving to the Redevelopment Agency as tax increment.

The illustrations below show the historical Pension Tax Rate and the annual revenue compared to the annual cost:

Retiree Health Costs.

Another significant stressor on municipal budgets nationwide is health insurance for both active and retired employees. In response to rising healthcare costs, the Affordable Care Act (ACA) was signed into law in 2010. Since implementation of the ACA, healthcare costs have continued to be volatile with premium increases averaging 7% in 2025. San Fernando contracts with CalPERS to provide medical insurance to active and retired employees. This allows the City to take advantage of statewide negotiated group premiums for active and qualifying retired employees.

0.000000%

0.050000%

0.100000%

0.150000%

0.200000%

0.250000%

0.300000%
2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024
Pension Tax Rate - Actual
(Max. 0.284200%)
February 18, 2025 Special & Regular CC Mtg Page 371 of 424 Receive and File an Informational Presentation on the City’s Pension and Other Post-Employment Benefits Liabilities

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The City has negotiated a cap on healthcare cost exposure with a number of bargaining units by implementing a cafeteria plan or maximum amount the City will pay toward healthcare. If the cost of an employee’s selected healthcare premium exceeds their negotiated allowance, then the employee is responsible to pay the difference. There is currently only one (1) bargaining unit that receives fully paid medical coverage.

In 2015, the City negotiated a reduction in retiree health care costs with all bargaining units for employees hired after July 1, 2015. Employees hired before July 1, 2015, that retire from the City will continue to receive fully paid retiree medical insurance. Employees hired after July 1, 2015, and retire from the City will receive the state statutory minimum to be paid toward retiree medical insurance, which is currently $158 per month. Based on the most recent actuarial report as of September 2024, of the 107 active employees that would qualify for retiree health benefits if they retire from the City, 58 receive 100% paid benefits and 49 employees will receive the reduced benefit. A summary of the various benefit levels provided by the City follows:

MISCELLANEOUS
Eligibility
(Hire Date) Benefit Maximum Payment Covered Parties
Tier 1 Before 12/31/2012 100% Paid None Employee & eligible dependents
Tier II Before 06/30/2015 100% Paid Excludes PERSCare Employee & eligible dependents
Tier III After 07/01/2015 State Minimum $158/month N/A
SWORN
Eligibility
(Hire Date) Benefit Maximum Payment Covered Parties
Tier 1 Before 12/31/2008 100% Paid None Employee & eligible dependents
Tier II Before 06/30/2015 100% Paid Excludes PERSCare Employee & eligible dependents
Tier III After 07/01/2015 State Minimum $158/month N/A
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San Fernando City CouncilFebruary 18, 2025

San Fernando City Council
February 18, 2025