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City of Fountain Valley Field Services ~ Water Department 17300 Mt. Herrmann StreetFountain Valley, California 92708
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Thank you! For all we’ve been through these many years of inter - mittent drought, the City of Fountain Valley Water Department extends its heartfelt thanks to all of you who have worked so hard toconserve water. When the seemingly impossible was asked of you —that you conserve 20% of our water at the height of the last drought— you not only met this goal, you exceeded it. And best of all, youcontinued to conserve water after the drought was officially declaredto be over.
Now, as we potentially enter another year of drought, the City is in a better position than it has been in previous droughts. All because you, our citizens, take your responsibilities seriously. You know we live in an arid land, and yourecognize water conservation has to be more than a passing passion — it must be a wayof life.
As with all of you, it is our fondest hope we will escape another year of drought. But beyond our hopes, we have confidence the citizens of Fountain Valley will always knowwhat to do to conserve their water.
We Appreciate All You Do to Save Water
CITY OF FOUNTAIN VALLEY
CITY COUNCIL
ACTION REQUEST
TO: Honorable Mayor and Members Agenda Date: July 19, 2022 of the City Council
SUBJECT: Introduction and First Read of an Ordinance Adding Sections 8.55.030,
8.55.040, and 8.55.045 to Chapter 8.55 Camping in Public Areas of the Fountain Valley Municipal Code
EXECUTIVE SUMMARY:
Proposed for City Council Introduction and First Read is an Ordinance adding Sections
8.55.030, 8.55.040, and 8.55.045 to Chapter 8.55 of the Fountain Valley Municipal Code.
DISCUSSION:
Cities have the authority to regulate conduct upon a street, sidewalk, or other public place or on or in a place open to the public and to pass and enforce anti-camping regulations.
Anti-camping ordinances have been upheld by the Court as facially neutral laws. (Tobe v City of Santa Ana (1995) 9 Cal. 4th 1069.)
Camping and storage of personal property in public streets and public areas interferes with the rights of the public to use and access those areas for the purposes for which they are intended. An anti-camping ordinance would help City maintain its public streets and public areas in an accessible and orderly condition for use by the public.
In Martin v. City of Boise (9th Cir. 2018) 902 F.3d 1031 the Ninth Circuit Court of Appeals held that the enforcement of anti-camping ordinances against homeless persons when there are no shelter beds available in the jurisdiction violates the Eighth Amendment.
Accordingly, the ordinance provides an exemption to enforcement when there is no alternative shelter available in situations where Martin v City of Boise would apply.
Note that the exemption does not apply to any City park, where camping shall always be illegal, regardless of available shelter beds, unless pursuant to section 12.08.090, “…when done in specially designated areas and then only with the written permission of the recreation manager.”
City Council Action Request
Ordinance Adding Sections 8.55.030, 8.55.040 and 8.55.045 to Chapter 8.55 Camping in Public Areas
July 19, 2022
ALTERNATIVES:
Alternative No.1: Approve the Introduction-First Read of an ordinance adding sections
8.55.030, 8.55.040 and 8.55.045 to Chapter 8.55 Camping in Public Areas of the Fountain Valley Municipal Code
Alternative No. 2: Do not approve the proposed ordinance.
FINANCIAL ANALYSIS:
There is no cost anticipated with adoption of this ordinance.
RECOMMENDATION:
Staff recommends Alternative No.1: Approve the Introduction-First Read of an ordinance adding Sections 8.55.030, 8.55.040 and 8.55.045 to Chapter 8.55 Camping in Public Areas of the Fountain Valley Municipal Code.
PUBLIC NOTIFICATION:
This item was agendized in compliance with the Brown Act and noticed as a public hearing.
Prepared By: Alexandra Halfman, Attorneys for the City
Reviewed By: Colin Burns, Attorney for the City
Fiscal Review By: Teresa Gonzalez, Accounting Manager
Approved By: Maggie Le, City Manager
Attachment 1: Proposed Ordinance
ORDINANCE NO.______
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
FOUNTAIN VALLEY ADDING SECTIONS 8.55.030 UNLAWFUL
CAMPING, 8.55.040 UNLAWFUL STORAGE OF PERSONAL
PROPERTY IN PUBLIC AREAS, AND 8.55.045 EXCEPTION TO
THE FOUNTAIN VALLEY MUNICIPAL CODE
WHEREAS, the City Council of the City of Fountain Valley hereby declares that public streets and public areas should be readily available and accessible to residents and the public for their intended purposes and uses; and WHEARAS, City has the authority to regulate conduct upon a street, sidewalk, or other public place or on or in a place open to the public; and WHEREAS, Camping and storage of personal property in public streets and public areas interferes with the rights of others to use and access those areas for the purposes for which they are intended; and
WHEREAS, the City Council desires to maintain its public streets and public areas in an accessible and orderly condition for use by the public; and WHEREAS, the ordinance provides exemption to enforcement in situations where Martin v. City of Boise (9th Cir. 2018) 902 F.3d 1031 would apply; and WHEREAS, the ordinance is modeled after the ordinance that was upheld by the California Supreme Court in Tobe v City of Santa Ana (1995) 9 Cal. 4th 1069; and WHEREAS, the City Council finds that this ordinance is not subject to review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15061(b)(3) (there is no possibility the activity in question may have a significant effect on the environment).
NOW, THEREFORE, the City Council of the City of Fountain Valley does hereby ORDAIN as follows:
Section 1:
Fountain Valley Municipal Code section “8.55.030 Unlawful Camping” is hereby added to read as follows:
8.55.030 Unlawful camping.
It shall be unlawful for any person to camp in any public area.
Section 2:
Fountain Valley Municipal Code section “8.55.040 Unlawful storage of personal property in public areas” is hereby added to read as follows:
8.55.040 Unlawful storage of personal property in public areas.
It shall be unlawful for any person to store personal property, including camp facilities and camp paraphernalia, in any public area.
Section 3:
Fountain Valley Municipal Code section “8.55.045 Exception” is hereby added to read as follows:
8.55.045 Exception
Absent exigent circumstances relating to immediate threats to the public health, safety, or welfare, section 8.55.030 (unlawful camping) and section 8.55.040 (unlawful storage of personal property in public areas) of this chapter will not be enforced against indigent homeless persons sitting, lying, or sleeping on public property when no alternative shelter is available in accordance with the holding in Martin v. City of Boise (9th Cir. 2018) 902 F.3d 1031.
Section 4:
If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the ordinance. The City Council declares that it would have passed this ordinance and each
and every section, subsection, sentence, clause or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would subsequently be declared invalid or unconstitutional.
Section 5:
The City Clerk shall certify to the adoption of this ordinance and cause it to be published as required by law. This ordinance shall become effective thirty (30) days after the date of its adoption.
PASSED AND ADOPTED by the City Council of the City of Fountain Valley at a regular meeting this ____ day of , 2022.
ATTEST:
_______________________ _______________________
Rick Miller, City Clerk Patrick Harper, Mayor
Approved as to Form:
HARPER & BURNS LLP
_______________________
Alexandra Halfman
Attorneys for the City
CITY OF FOUNTAIN VALLEY
CITY COUNCIL
COUNCIL ACTION REQUEST
To: Honorable Mayor and Agenda Date: July 19, 2022
Members of the City Council
SUBJECT: Approve an Employment Contract for the Interim Finance Director Sherry Johnson, as a Retired Annuitant
EXECUTIVE SUMMARY:
City Council to approve an employment agreement with Sherry Johnson, a Retired Annuitant, as the Interim Finance Director.
DISCUSSION:
The City currently has an active recruitment open to find a permanent replacement to fill the Finance Director role. The City Manager has a desire to maintain continuity in the Finance Department by appointing an interim Finance Director to fill a critically needed position until a permanent replacement is appointed. The term of the agreement is effective as of August 1, 2022 and shall remain and continue in effect until and including August 1, 2023, or until the successful hiring of a permanent Finance Director, whichever occurs first.
Sherry Johnson is a retired Finance Director for the City of Westminster. Sherry will serve as the Interim Finance Director through the duration of the vacancy while the City completes recruitment and selection of a permanent Finance Director. The appointment will not exceed 960 hours within a fiscal year and will be compensated at an hourly rate of $96.46, which is within the pay scale for the full-time classification of Finance Director.
The classification salary range is listed on the City’s Salary Schedule and made publically available on the City’s website. The interim appointment is not eligible for any other forms of pay, benefits or leave accruals while serving in a retired annuitant appointment.
Due to the Public Employees’ Pension Reform Act of 2013 (PEPRA, Assembly Bill 340), Senate Bill 1021 & Senate Bill 13 established new requirements for post-retirement employment of CalPERS retirees. Effective January 1, 2013, retirees can be hired into retired annuitant interim positions approved by the governing body of the employer, as authorized by Government Code sections 7522.56 and 21221(h) during an active recruitment for a permanent replacement for the vacant position. Sherry has met the
City Council Request
Approve Employment Contract for the Interim, Sherry Johnson as a Retired Annuitant Finance Director
July 19, 2022
requirements under the above government codes and has bona fide separation in service of 180-day wait period or more.
FINANCIAL ANALYSIS:
Funds allocated in Fiscal Year 2022-2023 to the salary of the full-time Finance Director position can be applied to the Interim Finance Director position.
ATTORNEY REVIEW:
Attorneys for the City have reviewed and approved the agreement as to form.
ALTERNATIVES:
Alternative No. 1:
Alternative No. 2:
Approve the employment contract for the Interim Finance Director, Sherry Johnson, as a Retired Annuitant.
Do not approve the employment contract for Interim Finance Director, Sherry Johnson, as a Retired Annuitant.
RECOMMENDATION:
City staff is requesting City Council approval of Alternative No.1.
Prepared by: Carrie Hanes, Human Resources Director
Approved by: Maggie Le, City Manager
Attachment: 1. Sherry Johnson Employment Contract
CITY OF FOUNTAIN VALLEY
CITY COUNCIL
COUNCIL ACTION REQUEST
To: Honorable Mayor and Agenda Date: July 19, 2022
Members of the City Council
SUBJECT: General Plan Advisory Committee (GPAC) Appointment EXECUTIVE SUMMARY:
The General Plan is a long-range planning document that represents the community’s view of its future; it is a blueprint for a city’s future growth and development. The City is currently in the process of updating its General Plan which was adopted in 1995 in order to create a vision through 2045.
One of the largest components of a General Plan Update is public outreach and community input. Public participation is facilitated through several efforts including the utilization of a General Plan Advisory Committee (GPAC). The purpose of a GPAC is to advise the City on the topics and issues addressed in the General Plan. The GPAC serves as an important channel for the community to provide input and make recommendations.
As originally conceived, the GPAC consists of 15 members comprised of the following:
• FV Council Members (2)
• FV Planning Commissioner (1)
• FV HCD Advisory Board (1)
• FV Community Foundation Board Member (1)
• Measure HH Committee Member (1)
• FV Elementary School Board Member (1)
• Huntington Beach Union High School District Board Member (1) • FV Chamber of Commerce Board Member (1)
• FV Large Business Representative (1)
• OC Board of Realtors Representative (1)
• At-large FV residents/community members (4)
In October of 2018, the City Council selected the initial 15 GPAC members. Since that time, the at-large representative for Quadrant 2 has had to resign. To fill the vacancy, the City advertised the vacancy on its website and social media pages to encourage residents in the area to submit a statement of interest. The attached statements were submitted with the July 14, 2022 deadline and are presented to the City Council for selection of one (1) representative.
City Council Request
GPAC Appointment
July 19, 2022
DISCUSSION:
The Fountain Valley General Plan last received a comprehensive update in 1995. It is recommended that a city update its General Plan on a 10-year cycle to ensure the document is current with legislative requirements, community conditions and community preferences. The City Council recently approved a contract with PlaceWorks, Inc. to provide the City with a Comprehensive General Plan Update and associated Environmental Impact Report. Work is set to begin this fall on the project.
The updated General Plan will provide the community the opportunity to refresh its vision and decide on how best to manage growth in the 20 - 25 year horizon. The process to update the General Plan will be a substantial undertaking from a time and financial commitment standpoint. The General Plan is one of California’s most important planning tools. The General Plan is a long-range planning document that represents the community’s view of its future; it is a blueprint for a city’s future growth and development.
Typically, city councils and planning commissions use the goals and policies of the General Plan as a basis on which to guide land use decisions; city staff uses the General Plan to guide recommendations on development and decisions about implementation strategies and capital improvements, which in turn, impact operational and budget decisions.
General Plans are required to address a range of topics and issues. The City’s General Plan will be comprised of seven State-mandated chapters, or “elements” which include:
land use, circulation, noise, housing, safety, conservation and open space. In addition to the elements required by State law, a city or county may adopt other elements that relate to its physical development. Once an optional element is adopted by the City Council, it has the same force and effect as the statutory elements.
Fountain Valley’s General Plan will be drafted to reflect the local values and priorities of the City’s diverse communities as well as the unique attributes that distinguish Fountain Valley from other cities in the region. The General Plan will also develop strategies to sustain the quality of life and economic prosperity desired by City residents and businesses.
GPAC
The City Council General Plan Update sub-committee discussed the formation of the GPAC and decided that the composition for this Brown Act Board will consist of 15 community members that represent a diversity of interests, as set forth below:
• FV Council Members (2)
• FV Planning Commissioner (1)
• FV HCD Advisory Board (1)
City Council Request
GPAC Appointment
July 19, 2022
• FV Community Foundation Board Member (1)
• Measure HH Committee Member (1)
• FV Elementary School Board Member (1)
• Huntington Beach Union High School District Board Member (1) • FV Chamber of Commerce Board Member (1)
• FV Large Business Representative (1)
• OC Board of Realtors Representative (1)
• At-large FV residents/community members (4)
The vacancy in Quadrant 2 is the first vacancy to occur for the at-large representatives.
To fill the vacancy, Staff advertised a request for volunteers from June 20, 2022 to July 14, 2022 on its website and social media pages. Staff also made an announcement at City Council and Planning Commission meetings.
As of the writing of this agenda report, there have been four (4) qualifying statements of interest provided and included in Attachment 1 (one additional application was submitted but withdrawn as the applicant lives outside of Quadrant 2). Any additional statements of interest received by the deadline will be provided to the City Council prior to the meeting.
Staff requests that the City Council consider each of the applicants and select one atlarge citizen member for Quadrant 2.
FINANCIAL ANALYSIS
There are no associated costs with the formation of the GPAC. All support associated costs for the facilitation of the Committee have been included in the PlaceWorks contract already approved.
ATTORNEY REVIEW:
This item does not require Attorney for the City review.
ALTERNATIVES
1. Select one (1) citizen at-large to serve as the representative for Quadrant 2.
2. Do not select one (1) citizen at-large to serve for Quadrant 2 and leave the position vacant.
3. Direct Staff to take an alternative action.
RECOMMENDED ACTION
City Council Request
GPAC Appointment
July 19, 2022
Staff recommends the City Council select one (1) of the residents to serve as the new representative for Quadrant 2 of the GPAC.
Prepared by: Omar Dadabhoy, Community Development Director Approved By: Maggie Le, City Manager
Attachment 1: Statements of Interests Received
Attachment 2: Citizen At-Large Quadrant Map
Attachment No. 2
Citizen At-Large Quadrant Map
Quadrant No. 1
Quadrant No. 3 Quadrant No. 4
Quadrant No. 2