AGENDA
CITY COUNCIL/ SUCCESSOR
AGENCY TO THE FOUNTAIN
VALLEY AGENCY
FOR COMMUNITY DEVELOPMENT/
FOUNTAIN VALLEY HOUSING AUTHORITY
Study Session 5:00 p.m.
Regular Meeting 6:00 p.m.
Tuesday, October 18, 2022
Council Chambers
10200 Slater Avenue
Fountain Valley, CA 92708
http://www.fountainvalley.org
MEETING ASSISTANCE: In compliance with the Americans with Disabilities Act, anyone needing special assistance to participate in a meeting of the government bodies listed herein should contact the City Clerk’s Office at (714) 593-4445. Notification 72 hours prior to the meeting allows the City to make reasonable arrangements to ensure accessibility to the meeting.
AGENDA COMMUNICATIONS: All revised or additional documents and writings related to an item on this agenda provided to all or a majority of the government body members after distribution of the agenda packet, are available for public inspection (1) in the City Clerk’s Office at 10200 Slater Avenue, Fountain Valley, CA 92708 during normal business hours; and (2) in the Council Chambers at the time of the meeting. Unless directed otherwise by a government body listed herein all actions shall be based on/memorialized by the latest document submitted as a late communication.
PUBLIC COMMENTS/PUBLIC HEARINGS: Persons wishing to address th e Cit y Counci l or othe r government body listed complete a speaker card and give it to the City Clerk prior to the public comment period. Requests to speak will not be accepted after the public comment session begins without permission of the Mayor/Chair. Speakers must limit remarks to a total of (3) three minutes and address the City Council through the Mayor.
Comments to individuals or staff are not permitted. Scheduled Matters, including Public Hearings: Indicate on the card what item you want to address. Unscheduled Matters: Indicate on the card what subject matter you
want to address. Comments must be related to issues that are within the jurisdiction of the governing body listed on the agenda. Pursuant to the Brown Act, the governing body may not enter into discussion regarding items not on the agenda.
CONSENT CALENDAR: All matters listed under the Consent Calendar are considered by the governing bodies listed herein to be routine and will be enacted on simultaneously with one motion without discussion unless separate action and/or discussion is requested by a governing body member, staff, or a member of the public.
PUBLIC HEARINGS: Persons wishing to speak in favor of or in opposition to a proposal are given an opportunity to do so during the public hearing. Those wishing to address a governing body during the hearing are requested to complete the speaker card and submit it to the City Clerk prior to the hearing. If a proposed action is challenged in court, there may be a limitation to
raising only those issues raised during the hearing or in written correspondence received by the governing body at or before the hearing.
Note: The Fountain Valley City Council serves as the Successor Agency to the Fountain Valley Agency for Community Development (Successor Agency), the Fountain Valley Housing Authority, and the Fountain Valley Finance Authority. The Actions of the Successor Agency are separate and apart from the actions of the City Council.
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Topic: City Council Meeting
Time: Oct 18, 2022 06:00 PM Pacific Time (US and Canada) Join Zoom Meeting
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STUDY SESSION
CALL TO ORDER 5:00 p.m.
PUBLIC COMMENTS (Study Session matters only)
Persons wishing to speak on a Study Session matter are requested to identify themselves by completing a blue speaker card indicating the item they want to address and to give the card to the City Clerk prior to the public comment period. The City Clerk will call upon those that wish to speak.
1. Presentation on the Results of the Citizen Satisfaction Survey – Presentation by Rob Frizzelle, Community Services Director2. Recap of the 3 Festivals and Community Services Events put on this year – Presentation by Rob Frizzelle, Community Services Director
3. New Revenue and/or Savings Options – Presentation by Sherry Johnson, Interim Finance Director
OPEN SESSION
CALL TO ORDER 6:00 p.m.
INVOCATION
SALUTE TO THE FLAG Mayor Patrick Harper
CITY COUNCIL/SUCCESSOR AGENCY/HOUSING AUTHORITY/ ROLL CALL Council Members: Bui, Grandis, Vo, Mayor Pro Tem/Vice Chair Constantine, Mayor/Chair Harper
ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS
CITY MANAGER / MAYOR UPDATE
PRESENTATIONS
• Certificate of Kindness Presentation Presented to – Prentice Meeks of Republic Services • Hyundai Check Presentation – Presented by Rob Frizzelle, Community Services Director and Hyundai Corporate Social Responsibility
• Presentation on the Measure M2 Update by OCTA
• FVHS Football Bell Game presented by Coach David Gutierrez & Principal Paul Lopez
FIRST CITY COUNCIL/ SUCCESSOR AGENCY/ HOUSING AUTHORITY/ PUBLIC COMMENTS (Unscheduled Matters Only)
The Unscheduled Matters Public Comments portion will last 15 Minutes at the beginning of the meeting. Any requests to speak on unscheduled matters after the initial 15 minutes, will be heard at the end of the meeting, unless the Mayor approves an extension of this time. If an individual speaks during the First unscheduled matters time period, they do not get to speak at the end of the meeting as well. Persons wishing to speak on an unscheduled matter are requested to identify themselves by completing a blue speaker and to give the card to the City Clerk. Each person will have up to 3 minutes to speak. The City Clerk will call upon those that wish to speak.
PUBLIC COMMENTS (Scheduled Matters Only)
Persons wishing to speak on Agenda item(s) are requested to identify themselves by completing a blue speaker card indicating the item they want to address and to give the card to the City Clerk prior to the public comment period. Each person will be given up to 3 minutes to speak on the entire Consent Calendar, 3 minutes to speak on each item pulled from the consent calendar, and 3 minutes to speak on any agendized item(s) not appearing on the Consent Calendar.
CONSENT CALENDAR
Consent Calendar Items 1 – 5 will be approved simultaneously with one motion, unless separate action/or discussion is requested.
1. Waive the reading in full of all ordinances under consideration and direct the Mayor to read by titles only.
2. Receive and File the Draft Minutes of the October 18, 2022 Regular City Council Meeting
3. City of Fountain Valley Six Month Strategic Objectives Update For August 23, 2022 through November 1, 2022 Page 12
Recommended Action: Staff recommends that the City Council receive and file the Six Month Strategic Objectives matrix for August 23, 2022 through November 1, 2022.
4. Second Reading and Adoption of an Ordinance Declaring Existing Law that Short Term Rentals are Prohibited in the City of Fountain Valley and Increasing Administrative and Criminal Fines for Short-Term Rental and Building Code Violations Page 20 Recommended Action: Staff recommends the City Council approve Alternative 1: adopt the attached Ordinance Declaring Existing Law that Short Term Rentals are Prohibited in the City of Fountain Valley and Increasing Administrative and Criminal Fines for Short-Term Rental and Building Code Violations.
5. Termination of the Declaration of Local Emergency Due to the Omni Metals HazMat Fire
Recommended Action: Staff recommends that the City Council approve Alternative No. 1:
Adopt a Resolution Terminating the Local Emergency due to the Omni Metals HazMat Fire.
COUNCIL MEMBER ITEMS FOR FUTURE CONSIDERATION
CITY COUNCIL/ SUCCESSOR AGENCY/ HOUSING AUTHORITY/ PUBLIC COMMENTS (Unscheduled Matters Only)
Persons wishing to speak on an unscheduled matter are requested to identify themselves by completing a blue speaker and to give the card to the City Clerk. Each person will have up to 3 minutes to speak. The City Clerk will call upon those that wish to speak.
CITY COUNCIL/SUCCESSOR AGENCY/HOUSING AUTHORITY AB 1234/GENERAL COMMENTS
ADJOURN THE MEETING OF THE CITY COUNCIL/SUCCESSOR AGENCY/HOUSING
AUTHORITY
The next Regular Meeting of the Fountain Valley City Council is November 1, 2022 at 6:00 p.m., in the Fountain Valley Council Chambers, 10200 Slater Avenue, Fountain Valley.
MINUTES OF THE
CITY COUNCIL/ SUCCESSOR AGENCY TO THE FOUNTAIN
VALLEY AGENCY
FOR COMMUNITY DEVELOPMENT/ FOUNTAIN VALLEY
HOUSING AUTHORITY
Closed Session 4:30 p.m.
Study Session 5:15 p.m.
Regular Meeting 6:00 p.m.
Tuesday, October 4, 2022
Council Chambers
CLOSED SESSION
CALL TO ORDER 4:30 p.m.
PUBLIC COMMENTS (Closed Session matters only)
1. CONFERENCE WITH LEGAL COUNSEL--EXISTING LITIGATION
Paragraph (1) of subdivision (d) of Section 54956.9
Names of cases:
Auster, Randall v. Fountain Valley (30-2020-01158809-CU-PA-CJC) Barrett, Stephen v. Fountain Valley, Los Caballeros, et al (30-2021-01226466-CU-PO-CJC) Dunne, David v. OC 405 (Fountain Valley) et al (30-2021-001219445-CU-PO-CJC) Guirguis, Tahini v. RJ Noble (Fountain Valley) 30-2021-01220821-CU-PO-WJC Hill, Stephen et al v. Fountain Valley et al (9th Circuit Court of Appeals - 21-55867) (State Court - 30-2021-01215714-CU-CR-CJC)
Taylor, Devon v. Fountain Valley (30-2020-01155502)
Sanzaro, Tilden v. Fountain Valley (30-2022-01244065) There was no reportable action
2. CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Section 54956.9:
(1 potential case) (threat of litigation by STRs re implementation of ban) There was no reportable action
3. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: 13871 West Street, Garden Grove, CA
Agency negotiator: City Manager, Community Development Director, Interim Finance Director, Attorney for the City
Negotiating parties: Fountain Valley, Garden Grove, Westminster, West Street Investments LLC
Under negotiation: Price and Terms of Payment
There was no reportable action.
STUDY SESSION
CALL TO ORDER 5:20 p.m.
PUBLIC COMMENTS (Closed Session matters only)
1. Strategic Planning Objective – Diversity in Community Events; presented by Community Services Director Rob Frizzelle
Rob Frizzelle presented the various diversity events that the city has put on and mentioned a few new ones to the City Council.
2. Consideration of North Unincorporated County Island Annexation – Survey Results – Presented by Community Development Director – Omar Dadabhoy
Omar Dadabhoy presented the results of a survey done to see if the County island to our north was interested in being annexed by the city.
OPEN SESSION
CALL TO ORDER 6:00 p.m.
INVOCATION Mayor Patrick Harper
SALUTE TO THE FLAG Council Member Ted Bui
CITY COUNCIL/SUCCESSOR AGENCY/HOUSING AUTHORITY/ ROLL CALL Council Members: Bui, Grandis, Vo, Mayor Pro Tem/Vice Chair Constantine, Mayor/Chair Harper All members were present
CITY MANAGER / MAYOR UPDATES
City Manager Maggie Le spoke about the Halloween Bash on October 7th, the Fire Department Open House on October 15th and that the city was recruiting for several positions.
ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS
Item 6 – Updated responses to the Housing Element and an updated resolution were provided.
PRESENTATIONS
1. Advisory Committee for Persons with Disabilities Award Presentation Board Chairman John Borack presented the awards to the recipients.
2. Frontier Project Update - Presented by HyeJin Lee, Public Works Director and Doug McAllister of Frontier
Frontier presented an update on the progress of the project.
3. ICSC Western Conference Recap - Presentation by Meghan Wishner Meghan Wishner provided an update on who the city met with at the ICSC event in San Diego.
FIRST CITY COUNCIL/ SUCCESSOR AGENCY/ HOUSING AUTHORITY/ PUBLIC COMMENTS (Unscheduled Matters Only)
Katy Wright, Tracy Cameron
CONSENT CALENDAR
Consent Calendar Items 1 – 8 & 10 were approved simultaneously.
1. Waive the reading in full of all ordinances under consideration and direct the Mayor to read by titles only.
ACTION: Move to Waive the reading in full of all ordinances under consideration and direct the Mayor to read by titles only.
MOTION: Vo SECOND: Grandis
AYES: Bui, Grandis, Vo, Constantine, Harper
NOES: None
ABSENT: None
ABSTAIN: None
2. Second Reading and Adoption of an Ordinance of the City Council of the City of Fountain Valley adding Section 12.08.105 to the Fountain Valley Municipal Code to prohibit feeding, disturbing, or having physical contact with wildlife on City property to reduce the presence of coyotes ACTION: Move to Approve the Second Reading and Adoption of an Ordinance of the City Council of the City of Fountain Valley adding Section 12.08.105 to the Fountain Valley Municipal Code to prohibit feeding, disturbing, or having physical contact
with wildlife on City property to reduce the presence of coyotes MOTION: Vo SECOND: Grandis
AYES: Bui, Grandis, Vo, Constantine, Harper
NOES: None
ABSENT: None
ABSTAIN: None
3. Receive and File the Draft Minutes of the September 20, 2022 Regular City Council Meeting ACTION: Move to Receive and File the Draft Minutes of the September 20, 2022 Regular City Council Meeting
MOTION: Vo SECOND: Grandis
AYES: Bui, Grandis, Vo, Constantine, Harper
NOES: None
ABSENT: None
ABSTAIN: None
4. Item Pulled by Council Member Bui
Determination of Public Convenience or Necessity for the Issuance of a Type 20 Off-Sale Beer and Wine Liquor License Extra Mile Market Located at 17980 Magnolia Street ACTION: Move to Approve the Determination of Public Convenience or Necessity for the Issuance of a Type 20 Off-Sale Beer and Wine Liquor License Extra Mile Market Located at 17980 Magnolia Street
MOTION: Harper SECOND: Constantine
AYES: Grandis, Vo, Constantine, Harper
NOES: Bui
ABSENT: None
ABSTAIN: None
5. Item 5 was removed for consideration from the Consent Calendar at staff’s request Review Need for Continuing Local Emergency Due to the Omni Metals HazMat Fire – Fourth Review
No Action Taken
PUBLIC HEARINGS
6. General Plan Amendment 22-02 - Adoption of the 2021-2029 Housing Element Update Public Hearing Opened: 7:34 p.m.
Adam Wood, Rudy Huebner, Chuong Vu and Eitel Braunschweig Public Hearing Closed: 7:47 p.m.
ACTION: Move to Approve the General Plan Amendment 22-02 - Adoption of the 2021- 2029 Housing Element Update
MOTION: Vo SECOND: Grandis
AYES: Bui, Grandis, Vo, Constantine, Harper
NOES: None
ABSENT: None
ABSTAIN: None
7. Introduction and First Read of an Ordinance Declaring Existing Law that Short Term Rentals are Prohibited in the City of Fountain Valley and Increasing Administrative and Criminal Fines for Short-Term Rental and Building Code Violations
Public Hearing Opened: 7:53 p.m.
Adam Palermo, Katy Wright, Janet Duouette, Sandy Strech, Lisa Sanders, Darrel Mymon Brown, Eileen Asahi, Linh Do, Thi Pham, Jaye Towne, Rudy Huebner, Pam Van Laningham, Jenny Tran, Angela Nguyen, Stephen Schwarz, Peter Hanna, Edvin Sanchez, Evan Jorgensen, Richard Stowman, Andy Tai, Binh Le
Via Zoom: Audirs Nguyen, Lee T, Anne Bettinger, Khang Do, Bryan Cimo, Michiyo Leho, Anthony Vo, Denise Lobianco
Public Hearing Closed: 8:53 p.m.
ACTION: Move to Approve the Introduction and First Read of an Ordinance Declaring Existing Law that Short Term Rentals are Prohibited in the City of Fountain Valley and Increasing Administrative and Criminal Fines for Short-Term Rental and Building Code Violations
MOTION: Grandis SECOND: Constantine
AYES: Bui, Grandis, Vo, Constantine, Harper
NOES: None
ABSENT: None
ABSTAIN: None
ADMINISTRATIVE ITEMS
8. Adopt Salary Resolution Providing Increase in Compensation for the City Manager
COUNCIL MEMBER ITEMS FOR FUTURE CONSIDERATION
There were no requests
CITY COUNCIL/ SUCCESSOR AGENCY/ HOUSING AUTHORITY/ PUBLIC COMMENTS (Unscheduled Matters Only)
None
CITY COUNCIL/SUCCESSOR AGENCY/HOUSING AUTHORITY AB 1234/GENERAL COMMENTS Council Member Bui
September 14 Attended the Planning Commission meeting via Zoom September 15 Attended the OC Human Relations Commission September 17 Attended the Ed Arnold Event hosted by the Rotary Club September 24 Attended the Kiwanis installation dinner
September 28 Attended the OC San District meeting
September 29 Attended the ICSC Event in San Diego
Council Member Vo
September 29 Attended the Miss Fountain valley Scholarship fundraiser Council Member Grandis
September 21 Attended the PCTA Board Meeting
September 22 Attended the FVRH Governing Board Meeting
September 25 Attended the FV Hyundai 5k fun-run, the FV Kiwanis Banquet and the Celebration to remember Robert Mayer
September 27 Attended the FV Chamber Candidates Forum
September 28-29 Attended the ICSC Conference in San Diego October 2-3 Attended the MISAC Conference in Monterey, CA October 4 Attended the PCTA Sub Committee Meeting
Mayor Pro Tem Constantine
September 22 Attended the FV Mayor’s Breakfast at the FV Regional Hospital in which CA, then watched the SARFPA Executive Committee Meeting on Zoom.
September 23 volunteered a 3-hour shift in the Friends of the Library Bookstore.
September 24 Attended the Hyundai Hope on Wheels 5K and Color Fun Run at the FV Sports Park, then stopped in at the Historical Society Luncheon at Heritage Park.
September 27 Watched the Orange County Board of Supervisors Meeting on Zoom, then attended the FV (City Council) Candidates Forum hosted by the Chamber of Commerce in
FV Council Chambers.
October 3 Volunteered in the Friends of the Library Bookstore pulling books for the next book sale event.
October 4 Watched the Orange County Board of Supervisors Meeting on Zoom.
Mayor Harper
September 22 Attended the Mayors Breakfast
September 25 Attended the Hyundai 5k event
September 26 Attended the OCTA Board Meeting
September 27 Attended the Candidate Forum
September 29 Attended ICSC in San Diego
October 3 Attended the OCTA Emergency Board Meeting
ADJOURN THE MEETING OF THE CITY COUNCIL/SUCCESSOR AGENCY/HOUSING
AUTHORITY
Mayor Harper adjourned the meeting at 9:20 pm to the next Meeting of the Fountain Valley City Council on October 18, 2022 at 6:00 p.m., in the Fountain Valley Council Chambers, 10200 Slater Avenue, Fountain Valley.
________________________________________________________________________________________________________________________________ Patrick Harper, Mayor
Attest:
___________________________
Rick Miller, City Clerk
CITY OF FOUNTAIN VALLEY
CITY COUNCIL
COUNCIL ACTION REQUEST
To: Honorable Mayor and Agenda Date: October 18, 2022
Members of the City Council
SUBJECT: City of Fountain Valley Six Month Strategic Objectives Update for August 23, 2022 through November 1, 2022
Three-Year Strategic Goals
☒ Enhance the culture and environment of “A Nice Place to Live” ☒ Attract and retain revenue producing businesses
☒ Achieve fiscal stability in accordance with the 20-Year Financial Plan ☒ Attract and retain quality staff
☐ Not applicable
EXECUTIVE SUMMARY:
On August 23, 2022, the City Council approved the attached strategic plan objectives matrix for August 23, 2022 through November 1, 2022. The attached objectives have been updated to give the City Council a current status of the objectives to date.
DISCUSSION:
During the city’s strategic planning session on June 9, 2022, the City Council, management and staff in attendance reviewed the previously established mission statement, three-year goals and six-month strategic planning objectives. The strategic plan has and will continue to serve as a guideline for both the council and staff as we work to achieve our goals over the next few years.
Our strategic planning efforts reconfirmed the existing city mission statement that states; “The City of Fountain Valley delivers cost-effective quality public services to provide a safe and desirable community that enriches its residents and businesses.” The three-year goals established by the City Council in 2020 were reviewed and discussion occurred to determine what the next three-year goals should be.
Six Month Strategic Objectives Update
October 18, 2022
The recommended 2020 - 2023 goals are:
o Enhance the culture and environment of “A Nice Place to Live” o Attract and retain revenue producing businesses
o Achieve fiscal stability in accordance with the 20-Year Financial Plan o Attract and retain quality staff
At the July 19, 2022 City Council Study Session, Staff presented a draft of the six-month objectives and Staff received feedback to bring back to City Council for adoption. The City Council approved the strategic plan objectives matrix for August 23, 2022 through November 1, 2022 at the August 23 City Council Meeting. Attachment No. 1 is the strategic objectives and staff’s progress toward achieving it.
FISCAL REVIEW:
The current adopted budget includes sufficient funding for the professional services required.
It will be expensed to the 10010103-53003 - PROFESSIONAL SERVICES.
PUBLIC NOTIFICATION:
Not applicable.
ENVIRONMENTAL IMPACT REVIEW:
Not applicable.
ATTORNEY REVIEW:
City Attorney review was not necessary for this item.
ALTERNATIVES:
Alternative No. 1:
Alternative No. 2:
RECOMMENDATION:
Receive and File the updated Six-Month Strategic Objectives Matrix for August 23, 2022 through November 1, 2022.
Direct staff to take an alternate action.
Staff recommends that City Council approve Alternative No. 1 to receive and file the updated Six-Month Strategic Objectives Matrix for August 23, 2022 through November 1, 2022.
Prepared by: Rick Miller, City Clerk
Approved by: Maggie Le, City Manager
Attachment:
Six Month Strategic Objectives Update
October 18, 2022
1. Updated Six Month Strategic Objectives Matrix for August 23, 2022 through November 1, 2022
A
C I T Y O F F O U N T A I N V A L L E Y
SIX-MONTH STRATEGIC OBJECTIVES
A u g u s t 2 3 , 2 0 2 2 – N o v e m b e r 1 , 2 0 2 2 THREE-YEAR GOAL: ENHANCE THE CULTURE AND ENVIRONMENT OF “A NICE PLACE TO LIVE”
WHEN WHO WHAT STATUS COMMENTS
DONE ON
TARGET
REVISE
D
1. At the September
20, 2022 City
Council Meeting
City Attorney-lead,
Community Development
Director, Finance Director
Present to the City Council for consideration, options
to address short-term rentals in the city.
X Presented a STRs
ordinance on 9/20/22 and
10/3/22 presented an
ordinance to prohibit STRs.
10/18/22 presented the
second reading to prohibit
STRs.
2. By Sept. 1, 2022 Community Services
Director with assistance
from all directors
Reinstate and enhance outreach/engagement
opportunities related to city-wide community services
and present to the City Manager.
X
Presented results of
reinstated community
outreach programs and
opportunities for future
engagement at City-wide
community events to CM.
3. At October 4, 2022
City Council Meeting
City Clerk-lead,
Community Development
Director, and Community
Services Director
Present to the City Council the results of a customer
service survey from residents and businesses.
X Results will be presented at
the October 18, 2022 City
Council meeting.
4. At the Oct 4, 2022
City Council meeting
Community Development
Director lead, working with
the Finance Director, Fire
Chief, Police Chief, Public
Works Director
Present to the CC the completed survey results of
residents and business owners in the North Island.
X Survey results were
presented, however,
additional efforts to increase
participation are being taken
5. At the October 4,
2022 City Council
meeting
Community Services
Director
Identify one proposed community event and one
proposed concert in the park to embrace diversity.
X Opportunities for diversity in
community events presented
to City Council on
10/4/2022.
B
6. By November 1,
2022
Public Works Director,
Community Services
Director and IT Manager
Present improved WiFi options at the Sport Park to the
City Council.
X Spectrum, Frontier, and SiFi
Smart City options were
explored. SiFi is working
with WISP as ISP to provide
WiFi at Sports Park. A
summary will be presented
on November 1.
7. By October 15,
2022
Community Development
Director
Present the Housing Element Update to the Planning
Commission and City Council for adoption.
X The City Council adopted
the Housing Element Update
on October 4, 2022.
8. By October 18,
2022
Police Chief Provide an update on homelessness strategy. X Rescheduled presentation to the November 1 Council
Meeting. This provides an
opportunity to include
proposed Navigation Center
into the presentation.
8. At the November
1, 2022 City Council
Meeting
Public Works Director Present an update on Frontier fiber optic project to the City Council.
X Frontier provided an update
to City Council on October 4.
C
THREE-YEAR GOAL: ATTRACT AND RETAIN REVENUE PRODUCING BUSINESSES
WHEN WHO WHAT STATUS COMMENTS
DONE ON
TARGET
REVISE
D
1. At the November 15,
2022 City Council
meeting
Community
Development Director
and Public Works
Director
Present to the City Council for direction branding the FV Crossings Business Area with signage, beautification and marketing.
X Staff completed RFP
process and will review
proposals.
2. By the October 18,
2022 City Council
Meeting
Community
Development Director
Enter into a contract to update the City’s Economic
Development Plan.
X A preferred consultant has
been identified and the
contract has been
distributed for signature.
3. By the October 18,
2022 City Council
Meeting
Community
Development Director
Participate in the San Diego ICSC Conference to increase outreach efforts with businesses and brokers and present results to City Council.
X Staff provided a recap on
October 4.
D
THREE-YEAR GOAL: ACHIEVE FISCAL STABILITY IN ACCORDANCE WITH THE 20-YEAR FINANCIAL PLAN
WHEN WHO WHAT STATUS COMMENTS
DONE ON
TARGET
REVISE
D
1. By the Sept. 20, 2022
City Council meeting
HR Director - lead,
Finance Director, City
Manager
Present to the City Council the findings and impacts of the Employee Compensation Study for miscellaneous groups.
X
9/20/2022 Council Meeting
will conclude the
compensation study findings
and staff reports.
2. At the November 1,
2022 City Council
meeting
Finance Director,
working with all
Directors
Identify and present to the City Council areas for savings to the city, and new revenue opportunities that do not
impact residents.
X Suggestions to be presented
at the October 18 Council
Meeting with request for
direction.
3. By November 1, 2022
City Council meeting
Finance Director –
lead and Public
Works Director
Present to the City Council the creation of a Facilities Replacement Fund.
X
Pending new Finance
Director.
4. By November 1, 2022
City Council Meeting
Interim Finance
Director
Hire an independent consultant to reconcile the current budget with previous forecasts and present to the City
Council.
X Results to be presented at
November 15 Council
Meeting. Moved out one
meeting to accommodate
GovInvest November 1
presentation on CalPERS
unfunded liability.
5. By August 23, 2022
City Council Meeting
City Clerk Present to the City Council the process for establishing an Ad-Hoc Finance Sub Committee.
X 8/23/22 City Council
approved Mayor Pro Tem
Constantine and
Councilmember Glenn
Grandis to be on the Ad-Hoc
Finance Sub Committee
through end of fiscal year.
E
THREE-YEAR GOAL: ATTRACT AND RETAIN QUALITY STAFF
WHEN WHO WHAT STATUS COMMENTS
DONE ON
TARGET
REVISE
D
1. By the October
4, 2022
Council
Meeting
Cross City Committee
with
oversite/assistance
from Fire Chief and
HR Director
Present results from Engagement Team – Increase Engagement of staff for teambuilding, equity, inclusion, retention and morale.
X Committee will provide an
update in the Council
Communicator on 10-14-22.
2. By October 4,
2022 City
Council
Meeting
PW Director,
Community Services
Director, HR Director,
Police Chief and IT
Manager
Present to City Council on hiring process/on boarding
improvements.
X ERP HRIS/Payroll has been
moved to January 1/1/2023
to begin implementation.
CITY OF FOUNTAIN VALLEY
CITY COUNCIL
COUNCIL ACTION REQUEST
To: Honorable Mayor and Agenda Date: October 18, 2022
Members of the City Council
SUBJECT: Second Reading and Adoption of an Ordinance Declaring Existing Law that Short Term Rentals are Prohibited in the City of Fountain Valley and Increasing Administrative and Criminal Fines for Short-Term Rental and Building Code Violations
Three-Year Strategic Goals
☒ Enhance the culture and environment of “A Nice Place to Live” ☐ Attract and retain revenue producing businesses
☐ Achieve fiscal stability in accordance with the 20-Year Financial Plan ☐ Attract and retain quality staff
☐ Not applicable
EXECUTIVE SUMMARY
At its meeting on October 4, 2022, the City Council introduced for first reading an Ordinance Declaring Existing Law that Short Term Rentals are Prohibited in the City of Fountain Valley and Increasing Administrative and Criminal Fines for Short-Term Rental and Building Code Violations. The Ordinance was approved during the first reading without amendment.
The Ordinance is now presented to the City Council for second reading and adoption.
RECOMMENDED ACTION
Staff recommends that the City Council adopt the attached Ordinance.
ENVIRONMENTAL ANALYSIS
This action is exempt from CEQA per the sections noticed in the Ordinance.
FINANCIAL ANALYSIS
If prohibited, the amount of revenue realized by the City from STRs would be limited to fines for violations, which would help partially offset the costs of the compliance and enforcement. City would also receive revenue from collection of back TOT.
City Council Request
Second Reading of an Ordinance Declaring Existing Law that Short Term Rentals are Prohibited in the City of Fountain Valley and Increasing Administrative and Criminal Fines for Short-Term Rental and Building Code Violations October 18, 2022
ATTORNEY REVIEW:
The Attorney for the City prepared the Ordinance and staff report.
PUBLIC NOTIFICATION
Public notice was published in the newspaper a minimum of 10 days prior to the public hearing on the first read of the ordinance. This second read has been agendized in compliance with the Ralph M. Brown Act.
ALTERNATIVES
1. Adopt the attached Ordinance Declaring Existing Law that Short Term Rentals are Prohibited in the City of Fountain Valley and Increasing Administrative and Criminal Fines for Short-Term Rental and Building Code Violations.
2. Do not adopt the attached Ordinance.
3. Continue the item for further consideration.
RECOMMENDED ACTION
Staff recommends the City Council approve Alternative 1: adopt the attached Ordinance Declaring Existing Law that Short Term Rentals are Prohibited in the City of Fountain Valley and Increasing Administrative and Criminal Fines for Short-Term Rental and Building Code Violations.
Prepared by: Colin Burns, Attorney for the City
Fiscal Review by: Sherry Johnson, Interim Finance Director Approved By: Maggie Le, City Manager
Attachment No 1: Ordinance Declaring Existing Law that Short Term Rentals are Prohibited in the City of Fountain Valley and Increasing Administrative and Criminal Fines for Short-Term Rental and Building Code Violations
ORDINANCE NO. 22-__
SHORT-TERM RENTAL ORDINANCE
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
FOUNTAIN VALLEY (1) APPROVING A CATEGORICAL
EXEMPTION PER THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT; (2) ADDING CHAPTER 4.95 TO THE MUNICIPAL
CODE PROHIBITING SHORT TERM RENTALS; (3) AMENDING
SECTION 1.13.070 OF THE MUNICIPAL CODE TO INCREASE
ADMINISTRATIVE FINES FOR SHORT-TERM RENTAL
PROPERTY AND BUILDING CODE VIOLATIONS; AND (4)
AMENDING SECTION 1.16.010 OF THE MUNICIPAL CODE TO
INCREASE CRIMINAL FINES FOR SHORT-TERM RENTAL
PROPERTY AND BUILDING CODE VIOLATIONS
WHEREAS, the City of Fountain Valley desires to preserve the residential character of neighborhoods that enhance the quality of life for our residents and visitors; and
WHEREAS, short-term rentals are not, and have never been, a permitted use under the City’s zoning code and, therefore, short-term rentals are currently, and have always been, prohibited in the City; and
WHEREAS, the City has a legitimate governmental interest in expressly prohibiting the transitory use of residential properties in order to declare existing law and further preserve the long-term residential character of its residential neighborhoods; and WHEREAS, the City’s primary objective is to protect the health, safety, and welfare of residents and visitors and ensure the collection of legally due and owing Transient Occupancy Taxes; and
WHEREAS, the proposed Code Amendment No. 22-__ has been publicly noticed for a public hearing in accordance with State Law and the Fountain Valley Municipal Code.
NOW, THEREFORE, the City Council of the City of Fountain Valley does ORDAIN as follows:
Section 1.
The City Council determines that Code Amendment No. 22-___ 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). This Code Amendment will prevent negative secondary effects caused by short-term rentals.
Section 2.
The City Council finds that due notice of the public hearing on October 4, 2022, conducted in the City Council Chambers, 10200 Slater Avenue, Fountain Valley, was given as required by the Fountain Valley Municipal Code, Title 21, and the State of California. Public notice of this hearing was posted at City Hall, Recreation Center, and the Fountain Valley Library and public notice was published in a newspaper of general circulation at least 10 days before the public hearing.
Section 3.
Chapter 4.95 “Short-Term Rentals” is added to the Fountain Valley Municipal Code expressly banning short-term rental properties as shown in Attachment A. This is declaratory of existing law.
Section 4.
Section 1.13.070 of the Fountain Valley Municipal Code is amended to provide increased administrative fines for short-term rental property and building code violations as shown in Attachment B.
Section 5.
Section 1.16.010 of the Fountain Valley Municipal Code is amended to provide increased criminal fines for short-term rental property and building code violations as shown in Attachment C.
Section 6.
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 7.
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.
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PASSED, APPROVED, AND ADOPTED THIS DAY OF , 2022.
ATTEST:
City Clerk Mayor
APPROVED AS TO FORM
HARPER & BURNS LLP
___________________________
Attorneys for the City
EXHIBIT A
CHAPTER 4.95
Short-Term Rentals
Section 4.95.010. Purpose
The purposes of this chapter are to:
(a) Prohibit short-term rentals in the City.
(b) Ensure the collection and payment of Transient Occupancy Taxes. (d) Safeguard the residents of the City of Fountain Valley by preserving the residential character of residential neighborhoods.
Because short-term rentals have never been listed as a permitted use under the City’s zoning regulations, this chapter is declaratory of existing law.
Section 4.95.020. Definitions
For purposes of this chapter, the following words and phrases are defined as follows:
(a) “Hosting platform” means a person or entity who participates in home-sharing or short-term rentals by collecting or receiving a fee, directly or indirectly through an agent or intermediary, for conducting a booking transaction using any medium of facilitation. Examples include, but are not limited to, VRBO.com, Airbnb.com, homestay.com and other internet and non-internet based services that facilitate bookings for a fee.
(b) “Hosted short-term rental” means a short-term rental where the owner of the short-term rental property is present and living in the unit. (c) “Owner” means a person, firm, corporation, or other entity that holds record fee title to the property.
(d) “Unhosted short-term rental” means a short-term rental where the owner of the short-term rental property resides off-site during the guest’s stay. (e) “Residential dwelling” means a private structure that is designed for use and occupancy by one or more individuals. “Residential dwelling” does not include a commercially operated hotel, motel, bed and breakfast inn, or a time-share property as defined by subdivision (aa) of Section 11212 of the Business and Professions Code.
(f) “Short-term rental” or “short-term-rental property” means a residential dwelling, or any portion of a residential dwelling, that is rented to a person or persons for 30
consecutive days or less. “Short-term rental” and “short-term-rental property” include both hosted short-term rentals and unhosted short-term rentals.
Section 4.95.030. Short-term rentals and advertisement of short-term rentals prohibited
(a) No owner, person, firm, corporation, hosting platform, or other entity shall offer or make available a short-term rental property located in the City of Fountain Valley. (b) No owner, person, firm, corporation, hosting platform, or other entity shall operate a short-term rental property located in the City of Fountain Valley. (c) No owner, person, firm, corporation, hosting platform, or other entity shall post, publish, circulate, broadcast, maintain, or advertise a short-term rental property located in the City of Fountain Valley.
Section 4.95.040. Violations
(a) Any short-term rental operated, conducted, or maintained contrary to the provisions of this chapter shall be, and the same is declared to be, unlawful and a public nuisance.
(b) It is unlawful and a public nuisance for any owner, person, firm, corporation, hosting platform, or other entity to violate any provision of this chapter.
EXHIBIT B
1.13.070 Administrative fine.
(a) Amount. Fines for administrative citations shall be assessed in the amounts set forth in this section.
(b) Administrative citations are subject to:
(1) A fine not exceeding one hundred dollars ($100) for a first violation. (2) A fine not exceeding two hundred dollars ($200) for a second violation of the same ordinance within one year.
(3) A fine not exceeding five hundred dollars ($500) for each additional violation of the same ordinance within one year.
(c) Notwithstanding any other law, an administrative citation for a violation of local building and safety codes is punishable by the following:
(1) A fine not exceeding one hundred thirty dollars ($130) for a first violation. (2) A fine not exceeding seven hundred dollars ($700) for a second violation of the same ordinance within one year.
(3)
(A) A fine not exceeding one thousand three hundred dollars ($1,300) for each additional violation of the same ordinance within one year of the first violation.
(B) A fine not exceeding two thousand five hundred dollars ($2,500) for each additional violation of the same ordinance within two years of the first violation if the property is a commercial property that has an existing building at the time of the violation and the violation is due to failure by the owner to remove visible refuse or failure to prohibit unauthorized use of the property.
(d)
(1) Notwithstanding any other law, including subdivisions (b) and (c), an administrative citation for the violation of a short-term rental ordinance is punishable by the following:
(A) A fine not exceeding one thousand five hundred dollars ($1,500) for a first violation.
(B) A fine not exceeding three thousand dollars ($3,000) for a second violation of the same ordinance within one year.
(C) A fine not exceeding five thousand dollars ($5,000) for each additional violation of the same ordinance within one year of the first violation.
(e) Fines levied pursuant to paragraphs (2) and (3) of subdivisions (b) and (c), and paragraph (1) of subdivision (d), shall be subject to a hardship waiver to reduce the amount of the fine upon a showing by the responsible party to the City Manager no later than 30 days after the fine is imposed that the responsible party
has made a bona fide effort to comply after the first violation and that payment of the full amount of the fine would impose an undue financial burden on the responsible party.
(f) Continuing Violation. Each and every day during any portion of which any violation is committed, continued, maintained or permitted shall constitute a separate offense.
(g) Payments. If the responsible party does not make a timely request for a hearing, he, she or it must pay the administrative fine directly to the city of Fountain Valley within fifteen calendar days from the date the administrative citation is served.
Payment of a fine shall not excuse or discharge the failure to correct the violation(s) nor shall it bar further enforcement action by the city. (h) No Waiver. The payment of the administrative fine shall not constitute a waiver of the responsible party’s right to a hearing. A responsible party may pay the administrative fine within the fifteen calendar-day period and also obtain a hearing to protest the imposition of the administrative fine, provided that the responsible party makes a timely request for a hearing. (i) Obligation to Correct Violation. Nothing in this chapter shall be interpreted to mean that because a responsible party has paid the administrative fine he, she, or it is excused from correcting the violation. If the responsible party fails to correct the violation(s), subsequent administrative citations may be issued for the same violation(s). The amount of the fine for failure to correct the violation shall increase at a rate specified in this chapter.
EXHIBIT C
1.16.010 Violations—Penalty.
(a) It is unlawful for any person, firm or corporation to violate any provision or to fail to comply with any of the requirements of this code. A violation of this code shall constitute a misdemeanor; except that notwithstanding any other requirement of the code, any violation constituting a misdemeanor under this code may, in the discretion of the city attorney or other prosecutor, be charged and prosecuted as an infraction. Notwithstanding any other provision of this code to the contrary, any person convicted of a misdemeanor shall be punishable by a fine of not more than one thousand dollars or by imprisonment in the County Jail for a period of not more than six months or by both such fine and imprisonment. Each day such violation continues shall be regarded as a new and separate offense. (b) Any person charged and convicted of an infraction under the provisions of this code is punishable by:
(1) A fine not exceeding one hundred dollars ($100) for a first violation. (2) A fine not exceeding two hundred dollars ($200) for a second violation of the same ordinance within one year.
(3) A fine not exceeding five hundred dollars ($500) for each additional violation of the same ordinance within one year.
(c) Notwithstanding any other law, a violation of local building and safety codes determined to be an infraction is punishable by the following:
(1) A fine not exceeding one hundred thirty dollars ($130) for a first violation. (2) A fine not exceeding seven hundred dollars ($700) for a second violation of the same ordinance within one year.
(3)
(A) A fine not exceeding one thousand three hundred dollars ($1,300) for each additional violation of the same ordinance within one year of the first violation.
(B) A fine not exceeding two thousand five hundred dollars ($2,500) for each additional violation of the same ordinance within two years of the first violation if the property is a commercial property that has an existing building at the time of the violation and the violation is due to failure by the owner to remove visible refuse or failure to prohibit unauthorized use of the property.
(d)
(1) Notwithstanding any other law, including subdivisions (b) and (c), the violation of a short-term rental ordinance that is an infraction is punishable by the following:
(A) A fine not exceeding one thousand five hundred dollars ($1,500) for a first violation.
(B) A fine not exceeding three thousand dollars ($3,000) for a second violation of the same ordinance within one year.
(C) A fine not exceeding five thousand dollars ($5,000) for each additional violation of the same ordinance within one year of the first violation.
(e) Fines levied pursuant to paragraphs (2) and (3) of subdivisions (b) and (c), and paragraph (1) of subdivision (d), shall be subject to a hardship waiver to reduce the amount of the fine upon a showing by the responsible party to the Court no later than 30 days after the fine is imposed that the responsible party has made a bona fide effort to comply after the first violation and that payment of the full amount of the fine would impose an undue financial burden on the responsible party.
(f) In addition to the penalties provided in this section, any condition caused or permitted to exist in violation of any of the provisions of this code is a public nuisance and may be, by this city, abated as such by any lawful means, including injunctive relief. Each day such condition continues shall be regarded as a new and separate offense.
(g) In addition to the penalties and remedies provided in this section, any condition caused or permitted to exist in violation of any of the provisions of this code is also subject to a civil penalty of up to one thousand dollars per day for each and every day such condition continues.
CITY OF FOUNTAIN VALLEY
CITY COUNCIL
COUNCIL ACTION REQUEST
To: Honorable Mayor and Agenda Date: October 18, 2022
Members of the City Council
SUBJECT: Termination of the Declaration of Local Emergency Due to the Omni Metals HazMat Fire
Three-Year Strategic Goals
☐ Enhance the culture and environment of “A Nice Place to Live” ☐ Attract and retain revenue producing businesses
☐ Achieve fiscal stability in accordance with the 20-Year Financial Plan ☐ Attract and retain quality staff
☒ Not applicable
EXECUTIVE SUMMARY:
The fire at Omni Metals, located at 11665 Coley River Circle, resulted in water runoff that included hazardous materials on Coley River Circle. On May 3, 2022, the City Council, at the recommendation of Staff, declared the existence of a Local Emergency. The Council was updated on the status of the local emergency and determined to continue the local emergency on May 25, 2022, July 19, 2022, and August 23, 2022. This item recommends that Council declare an end to the local emergency.
LEGAL BACKGROUND:
The California Emergency Services Act provides that a local emergency may be proclaimed by the City Council. (Gov Code 8630.) Whenever a local emergency has been proclaimed, the City Council reviews the need for continuing the local emergency at least once every 60 days until the City Council terminates the local emergency. (Gov Code 8630.) The City Council proclaims the termination of the local emergency at the earliest possible date that conditions warrant. (Gov Code 8630.) OMNI METALS HAZMAT FIRE:
The fire at Omni Metals, located at 11665 Coley River Circle, occurred on April 20, 2022.
The fire resulted in water runoff that included hazardous materials on Coley River Circle.
The Fire Department remains in active communication with the owners of Omni Metals as well as the Environmental Protection Agency (EPA) and Orange County Health (OCH)
City Council Request
Termination of Local Emergency
October 18, 2022
to oversee property and building cleanup. The FVFD Fire Marshal remains the liaison to the owners as it relates to the building clean up. Additionally, the Fire Marshal is in regular communication with FV Public Works. Progress to this point has been acceptable. A private vendor has made substantial progress on remediation and clean up. The immediate threat to the public has been abated. A point has now been reached where staff recommends that the City Council declare an end of the local emergency.
ATTORNEY REVIEW:
The Attorney for the City, Fire Chief, and Director of Public Works prepared this Staff Report.
ALTERNATIVES:
Alternative No. 1: Adopt a Resolution Terminating the Local Emergency due to the Omni Metals HazMat Fire.
Alternative No. 2: Do not adopted the attached Resolution and, instead, continue the Local Emergency.
RECOMMENDATION:
Staff recommends that the City Council approve Alternative No. 1: Adopt a Resolution Terminating the Local Emergency due to the Omni Metals HazMat Fire.
Prepared by: Colin Burns, Attorney for the City
Prepared by: Ron Cookston, Fire Chief
Prepared by: HyeJin Lee, Director of Public Works
Approved by: Maggie Le, City Manager
RESOLUTION NO. ___________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
FOUNTAIN VALLEY TERMINATING THE DECLARATION
OF A LOCAL EMERGENCY DUE TO THE “OMNI METALS
HAZMAT FIRE”
WHEREAS, California Government Code Section 8630 and Fountain Valley Municipal Code Section 2.57.050 empowers the City Council to proclaim the existence of a local emergency to protect and preserve public welfare when the City is affected or likely to be affected by a public calamity; and
WHEREAS, on May 3, 2022, the City Council found that the Omni Metals HazMat Fire resulted in the release of chemical substances that are, or may be, harmful when released into the environment; and
WHEREAS, the need to contain and remediate the release of such chemicals required immediate and coordinated emergency response action; and WHEREAS, on May 3, 2022, the City Council declared a local emergency to facilitate immediate response to the Omni Metals HazMat Fire; and WHEREAS, the conditions causing the need for a declaration of local emergency have now abated; and
WHEREAS, pursuant to Government Code Section 8630, a City Council proclaims the termination of a local emergency at the earliest possible date conditions warrant.
NOW, THEREFORE, the City Council of the City of Fountain Valley hereby RESOLVES:
Section 1. Pursuant to California Government Code Section 8630, the City Council finds and proclaims that the need for continuing the local emergency has ended and the declaration of local emergency is hereby terminated.
Section 2. The Fountain Valley City Clerk shall certify to the passage of this Resolution. This Resolution shall take effect immediately upon its adoption by the City Council.
Section 3. The City Clerk shall forward a copy of this Resolution to the Orange County Operational Area.
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Passed, approved, resolved, and adopted at a regular City Council meeting this 18th day of October 2022 by the following vote:
Mayor Harper:
Mayor Pro Tempore Constantine:
Council Member Bui:
Council Member Grandis:
Council Member Vo:
ATTEST:
_____________________ ___________________________
City Clerk, Rick Miller Mayor, Patrick Harper
APPROVED AS TO FORM:
______________________________
Colin Burns
Attorneys for the City