MINUTES OF THE
CITY COUNCIL/ SUCCESSOR AGENCY TO THE FOUNTAIN
VALLEY AGENCY
FOR COMMUNITY DEVELOPMENT/ FOUNTAIN VALLEY
Fountain Valley HOUSING AUTHORITY
A NICE PLACE TO LIVE Closed Session 4:00 p.m.
JUNE 13,1451 Study Session 5:30 p.m.
Regular Meeting 6:00 p.m.
Tuesday, September 19, 2023
Council Chambers
CLOSED SESSION
CALL TO ORDER 4:00 p.m.
PUBLIC COMMENTS (Closed Session matters only)
There were no public comments
1. CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code §54957.6.
Agency Designated Representatives: City Manager, Maggie Le, Finance Director, Ryan Smith, Human Resources Director, Carrie Hanes, Community Development Director / Deputy City Manager, Omar Dadabhoy, Attorney for the City, Colin Burns Employee Organizations: Police Officers' Association (POA), Police Officers' Management Unit (POMU), Fire Association (FVFA), Fountain Valley Municipal Employees Association (Field Services unit), Fountain Valley General Employees Association (FVGEA), Fountain Valley Professional and Technical Employees (P&T), Individually Represented Battalion Chiefs and Individually Represented P&T (IRP&T)
No Reportable Action
2. CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION
(Paragraph (1) of subdivision (d) of Section 54956.9)
Name of Case: Johnson v. City of Grants Pass Ninth Circuit Case Nos. 20-35752, 20-35881 - Consider Joinder / Amicus Support
By a 5-0 vote, the City Council voted to support the Amicus
3. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: 16111 Harbor Boulevard (APN: 167-301-04):
City Negotiators: Maggie Le, City Manager; Omar Dadabhoy, Community Development Director/Deputy City Manager; Ryan Smith, Finance Director; Colin Burns, Attorney for the City Negotiating Parties: City of Fountain Valley and Spirit Master Funding IX, LLC Under Negotiation: Price and terms of payment
No Reportable Action
4. CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9: 1 potential case
No Reportable Action
5. CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION
Paragraph (1) of subdivision (d) of Section 54956.9
Name of case: City of Costa Mesa v. SoCal Recovery - United States Supreme Court Case No 23-71 (consider providing amicus support)
By a 5-0 vote, the City Council voted to support the Amicus
STUDY SESSION
CALL TO ORDER 5:15 p.m.
PUBLIC COMMENTS (Study Session matters only)
1. ACC-OC & League of CA Cities Membership Update - Presentation by Meghan Wishner, Management Analyst
Public Comment: Kris Murray
Management Analyst Meghan Wishner presented the membership update to the City Council.
2. Presentation of Community Survey Company Recommendations - Presented by Rob Frizzelle, Community Services Director
Public Comment: Jeff McHenry
Community Services Director Rob Frizzelle presented the various options for the city council to consider. The city council directed staff to do the survey internally, with Vice Mayor Grandis and Mayor Constantine serving as the City Council Subcommittee members.
OPEN SESSION
CALL TO ORDER 6:12 p.m.
INVOCATION Vice Mayor Glenn Grandis
SALUTE TO THE FLAG Council Member Jim Cunneen
CITY COUNCIL/SUCCESSOR AGENCY/HOUSING AUTHORITY/ ROLL CALL Council Members Present: Cunneen, Harper, Mayor Pro Tem/Vice Chair Grandis, Mayor/Chair Constantine
Council Members Absent: None
ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS
Item 12 - Letters were received from residents after the agenda was published and item 14 included the proposal from Richard Slade and Associates
CITY MANAGER / MAYOR UPDATES
City Manager Maggie Le provided her update.
Mayor Kim Constantine provided her update.
PRESENTATIONS
1. Proclamation Recognizing the Month of September as National Senior Center Month - Presentation by Ben Dieterle, Community Services Supervisor Ben Dieterle presented the Month of September as National Senior Center month while Mayor Constantine presented a proclamation recognizing National Senior Center Month.
2. Proclamation Recognizing the Month of September as Hunger Action Month Mayor Constantine presented a Proclamation recognizing the Month of September as Hunger Action Month
3. Certificate of Recognition for Triston Nguyen for Receiving his Eagle Scout Designation Mayor Constantine presented Triston Nguyen with a certificate of recognition for his achievement in receiving his Eagle Scout Designation
FIRST CITY COUNCIL/ SUCCESSOR AGENCY/ HOUSING AUTHORITY/ PUBLIC COMMENTS (Unscheduled Matters Only)
Rudy Huebner
PUBLIC COMMENTS
(Scheduled Matters Only)
CONSENT CALENDAR
Consent Calendar Items 1 - 8 were approved simultaneously. Item number 6 was pulled from the Consent Calendar and heard as a separate item under the Administrative Items portion of the agenda
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: Grandis SECOND: Cunneen
AYES: Bui, Cunneen, Harper, Grandis, Constantine
NOES: None
ABSENT: None
ABSTAIN: None
2. Receive and File the Draft Minutes from the August 15, 2023 Regular City Council Meeting ACTION: Move to Receive and File the Draft Minutes from the August 15, 2023 Regular City Council Meeting
MOTION: Grandis SECOND: Cunneen
AYES: Bui, Cunneen, Harper, Grandis, Constantine
NOES: None
ABSENT: None
ABSTAIN: None
3. Approve the Register of Demands for the period of 8/5/2023 to 9/8/2023.
ACTION: Move to Approve the Register of Demands for the period of 8/5/2023 to 9/8/2023.
MOTION: Grandis SECOND: Cunneen
AYES: Bui, Cunneen, Harper, Grandis, Constantine
NOES: None
ABSENT:
ABSTAIN: None
City of Fountain Valley Six Month Strategic Objectives Adoption for May 11, 2023 through November 16, 2023
ACTION: Move to Approve the City of Fountain Valley Six Month Strategic Objectives Adoption for May 11, 2023 through November 16, 2023
MOTION: Grandis SECOND: Cunneen
AYES: Bui, Cunneen, Harper, Grandis, Constantine
NOES: None
ABSENT: None
ABSTAIN: None
5. Approve a resolution to accept the Office of Traffic Safety Selective Traffic Enforcement Program grant money, amend the FY 2023-24 budget COPS/SLES fund in the amount of $60,000 and appropriate an expenditure to incorporate the changes into the FY 2023-24 ACTION: Move to Approve a resolution to accept the Office of Traffic Safety Selective Traffic Enforcement Program grant money, amend the FY 2023-24 budget COPS/SLES fund in the amount of $60,000 and appropriate an expenditure to incorporate the changes into the FY 2023-24
MOTION: Grandis SECOND: Cunneen
AYES: Bui, Cunneen, Harper, Grandis, Constantine
NOES: None
ABSENT: None
ABSTAIN: None
6. Award a contract to Sierra Analytical Labs, Inc. in an amount not to exceed $70,000 annually for Water Quality Testing Services
ACTION: Move to Award a contract to Sierra Analytical Labs, Inc. in an amount not to exceed $70,000 annually for Water Quality Testing Services MOTION: Grandis SECOND: Cunneen
AYES: Bui, Cunneen, Harper, Grandis, Constantine
NOES: None
ABSENT: None
ABSTAIN: None
Award a contract to Sierra Analytical Labs, Inc. in an amount not to exceed $25,000 annually for Backflow Testing Services
ACTION: Move to Award a contract to Sierra Analytical Labs, Inc. in an amount not to exceed $25,000 annually for Backflow Testing Services
MOTION: Grandis SECOND: Cunneen
AYES: Bui, Cunneen, Harper, Grandis, Constantine
NOES: None
ABSENT: None
ABSTAIN: None
8. Adopt a Resolution Authorizing the City Manager to Approve Information Technology Software, Hardware and Professional Service Purchases for Vendors with Multiple Contracts that Cumulatively exceed Fifty Thousand Dollars and to Issue Change Orders of up to $50,000 or 20-percent of the original contract amount, whichever is greater.
ACTION: Move to Adopt a Resolution Authorizing the City Manager to Approve Information Technology Software, Hardware and Professional Service Purchases for Vendors with Multiple Contracts that Cumulatively exceed Fifty Thousand Dollars and to Issue Change Orders of up to $50,000 or 20-percent of the original contract amount, whichever is greater.
MOTION: Grandis SECOND: Cunneen
AYES: Bui, Cunneen, Harper, Grandis, Constantine
NOES: None
ABSENT: None
ABSTAIN: None
PUBLIC HEARINGS
Public Hearing - FY 2022-23 Community Development Block Grant Consolidated Annual Performance and Evaluation Report
Public Hearing Opened: 6:58 p.m.
No Public Comments
Public Hearing Closed: 6:58 p.m.
ACTION: Move to Approve FY 2022-23 Community Development Block Grant Consolidated Annual Performance and Evaluation Report
MOTION: Grandis SECOND: Constantine
AYES: Bui, Cunneen, Harper, Grandis, Constantine
NOES: None
ABSENT: None
ABSTAIN: None
10. Public Hearing and Introduction: Code Amendment No. 23-01 - An Amendment To Fountain Valley Municipal Code (FVMC) Sections 21.54.050 and 21.54.070 Regarding Entitlement Extensions
Public Hearing Opened: 7:03 p.m.
Peggy Tabas
Public Hearing Closed: 7:13 p.m.
ACTION: Move to Approve Code Amendment No. 23-01 - An Amendment To Fountain Valley Municipal Code (FVMC) Sections 21.54.050 and 21.54.070 Regarding Entitlement Extensions
MOTION: Bui SECOND: Grandis
AYES: Bui, Cunneen, Harper, Grandis
NOES: Constantine
ABSENT: None
ABSTAIN: None
11. Public Hearing and Introduction: Code Amendment No. 23-02 - An Amendment To Fountain Valley Municipal Code Section 21.08.055 For Accessory Dwelling Units (ADU's) Public Hearing Opened: 7:20 p.m.
George Berg
Public Hearing Closed: 7:26 p.m.
ACTION: Move to Approve Code Amendment No. 23-02 - An Amendment To Fountain Valley Municipal Code Section 21.08.055 For Accessory Dwelling Units (ADU's) MOTION: Constantine SECOND: Cunneen
AYES: Cunneen, Harper, Grandis, Constantine
NOES: None
ABSENT: None
ABSTAIN: Bui
12. Appeal of Administrative Wireless Communication Facilities Permit 22-09 and Decision to Not Issue a Stop Work Order
Public Hearing Opened: 10:05 p.m.
Evan Jorgensen, Richard Lubchenko, George Berg, Jeff McHenry, Julie Scheppele, Kevin Mills, Tom Rimdzius, Kori Davis, Anne Bettinger, Joel Spencer, Laura Giuntoli, Valerie
Williams,
Public Hearing Closed: 10:32 p.m.
ACTION: Move to reverse the decision of the Planning Commission related to permit 22- 09 and uphold the Planning Commission's stop work order as well as revoking the Administrative Permit.
MOTION: Grandis SECOND: Bui
AYES: Bui, Cunneen, Harper, Grandis, Constantine
NOES: None
ABSENT: None
ABSTAIN: None
13. Introduction and First Read of An Ordinance Adding Chapters 4.35 Group Homes and 21.29 Group Homes and Amending Section 21.08.030 Residential Zoning District Land Uses and Permit Requirements to the Fountain Valley Municipal Code Public Hearing Opened: 11:08 p.m.
Lyle Scheppele, Nicole Baldwin and Jill Tanner
Public Hearing Closed: 11:17 p.m.
ACTION: Move to approve the Introduction and First Read of An Ordinance Adding Chapters 4.35 Group Homes and 21.29 Group Homes and Amending Section
21.08.030 Residential Zoning District Land Uses and Permit Requirements to the Fountain Valley Municipal Code
MOTION: Bui SECOND: Cunneen
AYES: Bui, Cunneen, Harper, Grandis, Constantine
NOES: None
ABSENT: None
ABSTAIN: None
ADMINISTRATIVE ITEMS
14. Well No. 11 - General Pump Company, Inc. Contract Award & Amendment No. 1 to Richard C. Slade & Associates, LLC CON 21-14 and amend paragraph 27 language from (may prove) to (is).
ACTION: Move to approve Well No. 11 - General Pump Company, Inc. Contract Award & Amendment No. 1 to Richard C. Slade & Associates, LLC CON 21-14 MOTION: Constantine SECOND: Grandis
AYES: Bui, Cunneen, Harper, Grandis, Constantine
NOES: None
ABSENT: None
ABSTAIN: None
15. Restated and Amended Joint Powers Agreement for Integrated Law and Justice Agency for Orange County (ILJAOC)
ACTION: Move to approve the Restated and Amended Joint Powers Agreement for Integrated Law and Justice Agency for Orange County (ILJAOC) MOTION: Grandis SECOND: Constantine
AYES: Bui, Cunneen, Harper, Grandis, Constantine
NOES: None
ABSENT: None
ABSTAIN: None
16. Approve Amendment No. 1 to Bear Electrical Solutions, Inc. CON 21-63 (Munis CON 1040) to extend the street light maintenance and repair services contract term for an additional two (2) year term.
ACTION: Move to approve Amendment No. 1 to Bear Electrical Solutions, Inc. CON 21- 63 (Munis CON 1040) to extend the street light maintenance and repair services contract term for an additional two (2) year term.
MOTION: Cunneen SECOND: Constantine
AYES: Bui, Cunneen, Harper, Grandis, Constantine
NOES: None
ABSENT: None
ABSTAIN: None
COUNCIL MEMBER ITEMS FOR FUTURE CONSIDERATION
Vice Mayor Grandis requested that the city adjust the traffic flow on the Brookhurst Street Bridge. 2nd by Council Member Bui
Council Member Bui requested that the ADU Ordinance be brought back to adjust the size of ADU's. 2nd by Mayor Constantine
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
July 19 Attended the JPIA Annual Board meeting
July 20 Attended the OC Fair Ribbon Cutting
July 26 Attended the OC ADA Summer Mixer
August 30 Attended the JPIA Risk Management Conference
September 6 Attended the Health and Wellness Fair
September 8 Attended the Sober Living Task Force meeting September 9 Attended the Lobster Fest
September 13 Attended the City Council and staff bowling event at Fountain Bowl September 14 Attended the OC Waste Mangement meeting
September 15 Attended the Fountain Valley Chamber Endless Summer BBQ Council Member Cunneen
September 7 Attended the Mayors Breakfast
September 9 Attended the Lobster Fest opening ceremonies September 13 Attended the City Council and staff bowling event at Fountain Bowl September 19 Attended the opening photo opportunity at the Ward Street Bridge Mayor Pro Tem Grandis
August 16 Attended the PCTA Board Meeting and Kiwanis Board Meeting August 17 Attended the Community Foundation Board/volunteer meeting August 22 Attended the community event with congresswoman Steele and the Boys and Girls Club Board Meeting
August 23 Attended the OC Sanitation District Executive Board Meeting August 24 Attended the OC Cities Division meeting as the Division 1 representative August 30-31 Attended the JPIA Risk management Conference September 2 Attended the Kelly Osborn Memorial Golf Tournament September 7 Attended the Mayors Breakfast
September 8 Attended the Lobster Festival
September 13 Attended the Bowling Team Building with City Staff and the OC Sanitation Board Meeting
September 14 Attended the fishing with OC Sanitation research vessel and the Boys and Girls Club gift giving party
September 15 Attended the Fountain Valley Chamber Endless Summer BBQ Mayor Constantine
August 15th, participated in the PCTA Board Meeting (Public Cable Television Authority) Meeting at Stanton City Hall.
August 16th, participated in the OC Mosquito and Vector Control Board Meeting at OC Mosquito and Vector Control Headquarters in Garden Grove, then attended both the Fountain Valley Community Foundation Board Meeting and Fountain Valley Community Foundation Volunteer Meeting at Founders Village Community and Senior Center.
August 22nd, watched the OC Board of Supervisors Meeting via the County's website, then attended the Fountain Valley Chamber of Commerce Board Meeting at Coastline College.
August 24th, Attended the Fountain Valley Chamber of Commerce OC Connect Luncheon at Coastline College. The speaker was Weikko Wirta, VP SES Southland Security. He is in charge of Huntington Beach, Long Beach, and Redondo Beach power plants; participated in a "Getting There:
Understanding ADAS Accessible Routes" webinar, then later participated in the League of California Cities Orange County Division's Quarterly Meeting and Board Election at the Huntington Beach Senior Center.
August 26th, participated in the "Livable California Teleconference" on Zoom, then attended the Annual Green Valley End of Summer Luau.
August 27th, attended the Fountain Valley Moms End of Summer Kickball / Chili Cookoff Event and voted for the best chili at Cox Elementary School field.
August 29th, attended the Luau Luncheon for senior citizens at Founders Village Community and Senior Center, then the monthly Green Valley Board Meeting in the Green Valley Family Clubhouse.
August 30th, participated in the ACC-OC / California Sober Living and Recovery Task Force Roundtable to discuss OC Grand Jury Report "Welcome to the Neighborhood: Are Cities Responsibly Managing the Integration of Group Homes (Association of California Cities - Orange County) Update on Legal Action Impacting Regulation of Anti-Camping Ordinances via Zoom.
September 2nd, stopped in at the Water Safety Session for Kids, Girl Scout Gold Award Project by Kim Tran at the Green Valley Family Clubhouse. She had copies of her booklet "A Day at the Pool with Jimmy!" for us.
September 6th, attended the well-attended Fountain Valley Health Fair at the Fountain Valley Recreation Center with a nice boxed lunch for all, then the Fountain Valley Regional Hospital surprise recognition event for Adrienne Feilden, Child Life Specialist, then stopped by the LobsterFest while they were setting up - had a nice chat with Jairo, then attended the Housing and Community Development Meeting (HCD) in the evening at City Hall.
September 7th, hosted the 3rd Fountain Valley Mayor's Breakfast of 2023 and there was a great turnout. The presenters were Jeff Mills and Chris Boucly who provided an update on the I-405 Improvement Project, then stopped by the Billiards Tournament at The Center at Founders Village Community and Senior Center. I later stopped by the set up for this weekend's LobsterFest at the FV Sports Park.
September 8th, stopped in at the Film Friday for senior citizens. Today's film was "l Can Only Imagine" at The Center at Founders Village Community and Senior Center, then participated in the Sober Living Task Force Meeting / CASLAR on Zoom, then stopped by the setup for this weekend's LobsterFest at the FV Sports Park, then attended viewing for longtime resident Augie Lascola at Dilday-Heritage Mortuary in Huntington Beach, then greeted the crowd with my fellow City Council Members at LobsterFest at the Fountain Valley Sports Park. Later, I volunteered as a Greeter / Information person at LobsterFest.
September 9th, attended the funeral service for fellow longtime resident Augie Lascola at Dilday- Heritage Mortuary in Huntington Beach, then attended the LobsterFest at Fountain Valley Sports Park.
September 10th, attended the last day of LobsterFest at Fountain Valley Sports Park.
September 12th, watched the Orange County Board of Supervisors Meeting on the County's website.
September 13th, did a ride along with Fountain Valley Police Officer Lee and we visited unhorsed individuals - meeting up with CityNet and more FVPD officers, then participated in a staff bowling event as we welcomed our new Public Works Director Scott Smith at Fountain Bowl.
September 14th, attended the Fountain Valley Friends of the Library Monthly Board Meeting at the Fountain Valley Library, then the Fountain Valley Chamber of Commerce Network at Night at Sports Basement.
September 15th, attended the soft opening of Bagel Now! September 16th, attended the second day of the Bagel Now! Soft opening.
September 18th, attended the Fountain Valley Friends of the Library Volunteer Meeting and Luncheon at the Fountain Valley Library.
September 19th, my fellow City Council Members and I visited the Ward Bridge for a photo opportunity before it reopens.
Council Member Harper
No Report was filed
ADJOURN THE MEETING OF THE CITY COUNCIL/SUCCESSOR AGENCY/HOUSING
AUTHORITY
Tonight's City Council meeting is being adjourned in the memory of Augie Lascola and Richard Maurice Cassidy
Mayor Constantine adjourned the meeting at 11:51 pm to the next Meeting of the Fountain Valley City Council on October 3, 2023 at 6:00 p.m., in the Fountain Valley Council Chambers, 10200 Slater Avenue, Fountain Valley.
Kim Constantine
/Kim Constantine, Mayor
Attest:
"Dice Milh
Rick Miller, City Clerk