Staff Report 78 Attachment 1 - Report from Measure HH Committee 80 Approve the Acceptance of a Fixed Automated License Plate Reader by the Fountain

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1 Table of Contents Agenda 3 Conduct a Public Hearing for the Introduction and First Reading of an Ordinance of the City of Fountain Valley Approving a Categorical Exemption Under the California Environmental Quality Act and Approving Code Amendment No , Which Would Amend the Fountain Valley Municipal Code Chapter (K) Regarding Provisions for Protected Non- Commercial Speech Temporary Signs Staff Report 7 Ordinance 11 Conduct a Public Hearing for the Introduction and First Reading of an Ordinance of the City of Fountain Valley, California, Adopting a Categorical Exemption Per the California Environment Quality Act and Amending Chapter Regarding Provisions for Temporary Use Permits and Section Regarding Special Event Exception(s) Staff Report 14 Ordinance 21 Second Reading and Adoption of an Ordinance approving Code Amendment No An Amendment to the Fountain Valley Municipal Code Chapter Floodplain (-FP) Overlay Zoning District Flood Damage Prevention to Ensure Compliance with the National Flood Insurance Program Staff Report 24 January 22, 2019, Staff Report 26 Ordinance 29 FEMA Letter 33 FVMC Request the City Council Approval for the Appropriation of Grant Funds from the 2018 Emergency Management Performance Grant (EMPG) Program Staff Report 46 EMPG Award Letter 49 FY1819 Transfer Agreement 51 Receive and File the Draft Minutes of the January 22, 2019 Regular City Council Meeting Minutes 55 Second Reading and Adoption of an Ordinance approving Code Amendment No An Amendment to the Fountain Valley Crossings Specific Plan, Table 2.7.1, Pertaining to Parking Regulations for Entertainment and Recreation Uses 2nd reading report 65 Jan 22 staff report 67 ordinance 72 copy of FVCSP 2.7 parking regulations 77 Report from the Measure HH Essential City Services Advisory Oversight Committee on 2017/18 Audited Measure HH Revenues and Expenditures 1

2 Staff Report 78 Attachment 1 - Report from Measure HH Committee 80 Approve the Acceptance of a Fixed Automated License Plate Reader by the Fountain Valley Police Department from the Anaheim Police Department Staff Report 86 Fixed ALPR Attachments 89 2

3 AGENDA CITY COUNCIL/ SUCCESSOR AGENCY TO THE FOUNTAIN VALLEY AGENCY FOR COMMUNITY DEVELOPMENT/ FOUNTAIN VALLEY HOUSING AUTHORITY Regular Meeting 6:00 p.m. Tuesday, February 05, 2019 Council Chambers Slater Avenue Fountain Valley, CA 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) 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 Slater Avenue, Fountain Valley, CA 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 t he City C ouncil or other government body listed complete a speaker card and give it to the City Clerk prior to the public comment period. Requests to speak will not be accepted after the public comment session begins without permission of the Mayor/Chair. Speakers must limit remarks to a total of (3) three minutes and address the City Council through the Mayor. Comments to individuals or staff are not permitted. Scheduled Matters, including Public Hearings: Indicate on the card what item you want to address. Unscheduled Matters: Indicate on the card what subject matter you want to address. Comments must be related to issues that are within the jurisdiction of the governing body listed on the agenda. Pursuant to the Brown Act, the governing body may not enter into discussion regarding items not on the agenda. CONSENT CALENDAR: All matters listed under the Consent Calendar are considered by the governing bodies listed herein to be routine and will be enacted on simultaneously with one motion without discussion unless separate action and/or discussion is requested by a governing body member, staff, or a member of the public. PUBLIC HEARINGS: Persons wishing to speak in favor of or in opposition to a proposal are given an opportunity to do so during the public hearing. Those wishing to address a governing body during the hearing are requested to complete the speaker card and submit it to the City Clerk prior to the hearing. If a proposed action is challenged in court, there may be a limitation to 3

4 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. OPEN SESSION CALL TO ORDER INVOCATION SALUTE TO THE FLAG 6:00 p.m. Pastor Brent Wagner Mayor Steve Nagel CITY COUNCIL/SUCCESSOR AGENCY/HOUSING AUTHORITY/ ROLL CALL Council Members: Constantine, Harper, Vo, Mayor Pro Tem/Vice Chair Brothers, Mayor/Chair Nagel ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS 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. READING ORDINANCES 1. Waive the reading in full of all ordinances under consideration and direct the Mayor to read by titles only. PUBLIC HEARINGS Each person will have up to 3 minutes to speak on each Public Hearing. 2. (Council) Conduct a Public Hearing for the Introduction and First Reading of an Ordinance of the City of Fountain Valley Approving a Categorical Exemption Under the California Environmental Quality Act and Approving Code Amendment No , Which Would Amend the Fountain Valley Municipal Code Chapter (K) Regarding Provisions for Protected Non-Commercial Speech Temporary Signs Report by Steven Ayers, Planner Page 7 a. Staff Report b. Ordinance 3. (Council) Conduct a Public Hearing for the Introduction and First Reading of an Ordinance of the City of Fountain Valley, California, Adopting a Categorical Exemption Per the California Environment Quality Act and Amending Chapter Regarding Provisions for Temporary 4

5 Use Permits and Section Regarding Special Event Exception(s) Report by Matt Jenkins, Assistant Planner Page 14 a. Staff Report b. Ordinance CONSENT CALENDAR Consent Calendar Items 4 7 will be approved simultaneously with one motion, unless separate action/or discussion is requested. 4. (Council) Second Reading and Adoption of an Ordinance approving Code Amendment No An Amendment to the Fountain Valley Municipal Code Chapter Floodplain (- FP) Overlay Zoning District Flood Damage Prevention to Ensure Compliance with the National Flood Insurance Program Page 24 a. Staff Report b. January 22, 2019, Staff Report c. Ordinance d. FEMA Letter e. FVMC (Council) Request the City Council Approval for the Appropriation of Grant Funds from the 2018 Emergency Management Performance Grant (EMPG) Program Page 46 a. Staff Report b. EMPG Award Letter c. FY1819 Transfer Agreement 6. (Council/Successor Agency/Housing Authority) Receive and File the Draft Minutes of the January 22, 2019 Regular City Council Meeting Page 55 a. Minutes 7. (Council) Second Reading and Adoption of an Ordinance approving Code Amendment No An Amendment to the Fountain Valley Crossings Specific Plan, Table 2.7.1, Pertaining to Parking Regulations for Entertainment and Recreation Uses Page 65 a. 2nd reading report b. Jan 22 staff report c. ordinance d. copy of FVCSP 2.7 parking regulations ADMINISTRATIVE ITEMS 8. (Council) Report from the Measure HH Essential City Services Advisory Oversight Committee on 2017/18 Audited Measure HH Revenues and Expenditures Report by Jason Al-Imam, Finance Director Page 78 a. Staff Report b. Attachment 1 - Report from Measure HH Committee 9. (Council) Approve the Acceptance of a Fixed Automated License Plate Reader by the Fountain Valley Police Department from the Anaheim Police Department Report by Captain Rob Sweaza Page 86 a. Staff Report b. Fixed ALPR Attachments 5

6 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 February 19, 2019 at 6:00 p.m., in the Fountain Valley Council Chambers, Slater Avenue, Fountain Valley. 6

7 CITY OF FOUNTAIN VALLEY CITY COUNCIL COUNCIL ACTION REQUEST To: Honorable Mayor and Agenda Date: February 5, 2019 Members of the City Council SUBJECT: Public Hearing: Code Amendment No An Amendment to the Fountain Valley Municipal Code Chapter (k) Regarding Provisions for Protected Non-Commercial Speech Temporary Signs EXECUTIVE SUMMARY: At the City Council meeting of October 16, 2018, two Council Members expressed their desire to amend the protected non-commercial speech temporary sign code. The attached changes would place a maximum number of one (1) non-commercial speech temporary sign per every 100 feet of arterial street frontage in non-residential zones and would allow temporary noncommercial sings in the rear yards of residential zones up to nine (9) feet tall if the property is adjacent to an arterial street. On January 9, 2019, the Planning Commission recommended that the City Council not approve the proposed Code Amendment by a vote of 3-0 as they felt the amendment was not necessary and expressed concerns about the procedures for initiating policy changes. Staff originally proposed a sign separation of 50 feet; however to alleviate the volume of signs on large commercial properties, staff is now suggesting a sign separation of 100 feet. Staff recommends the Council approve the attached Ordinance amending Fountain Valley Municipal Code (FVMC) (k) for protected non-commercial speech temporary signs. DISCUSSION: Signs on private property are governed by FVMC This chapter provides that it is the city s policy and intent to regulate signs in a manner consistent with the United States and California constitutions, which are content neutral as to protected non-commercial speech and which do not favor commercial speech over non-commercial speech. The current code addressing protected non-commercial speech temporary signage can be found in FVMC (k). This code was recently updated in July 2018 in an attempt to regulate the number, size, and height of protected non-commercial speech temporary signs on properties. It states: All private properties in the city are allowed to display a maximum of four signs per parcel of temporary non-commercial signage. Temporary non-commercial signs may not exceed three square feet per sign face. The temporary non-commercial signage can be displayed in the residential zone at all times. The temporary non-commercial signage can be displayed in a nonresidential zone only during the period which begins sixty days before, and ends ten days after, an election held by a local, state, or national government entity. The display area may be used for any protected non-commercial speech. Temporary non-commercial speech signs must be freestanding and cannot 7

8 Council Action Request City Council Meeting February 5, 2019 Page 2 exceed six feet in height measured from the adjacent grade. Non-commercial speech temporary signs authorized by this section may not be placed within the fifteen-foot corner cutback area, as defined in Section After this code was updated, and after the recent election, the City Council noticed an imbalance in the number of signs that various commercial properties could display due to the size of the property or the number of parcels on a commercial property. Some commercial properties are comprised of one parcel and, regardless of the lot size, would only be permitted four (4) protected non-commercial speech temporary signs. This is the case for a larger property such as the Fountain Valley Plaza at the southeast corner of Brookhurst Street and Talbert Avenue, Fountain Valley Promenade at the northwest corner of Brookhurst Street and Ellis Avenue, and a smaller property like the Del Taco property on Brookhurst Street between Slater Avenue and Warner Avenue. On the other hand, some commercial centers are comprised of several parcels, thus allowing for several signs, such as the Fountain Valley Town Center located at the southwest corner of Brookhurst Street and Edinger Avenue. This shopping center is comprised of 13 parcels and could display up to 52 protected noncommercial speech temporary signs. Obviously, the rules are not equitable or fair between commercial properties. The City Council directed staff to look into revising the rules for protected non-commercial speech temporary signs again to correct this problem. Staff recommends altering the rules based on the length of street frontage rather than by parcel for nonresidential properties. Staff originally proposed a sign separation of 50 feet to the Planning Commission; however to alleviate the volume of signs on large commercial properties, including the proliferation of signs on commercial corners, staff recommends one (1) sign per every 100 feet of arterial street frontage for nonresidential signage. This would allow smaller and larger commercial areas a similar and fair number of signs based on their size as well as hopefully reduce clutter along the street. The City Council also asked staff to review and propose revisions to the height of protected non-commercial speech temporary signs on the rear or sides of residential properties over a wall. Below are the suggested changes to the code section and to the structure of FVMC (k) to provide clarity: (k) Protected Temporary Non-Commercial Speech Signs. (1) Number. All private properties in the city are allowed to display a maximum of four (4) temporary non-commercial speech signs per parcel in the residential zone and one (1) temporary non-commercial speech sign per 100 feet of arterial street frontage in nonresidential zones. (2) Display. The display area of a temporary non-commercial speech sign may be used for any protected non-commercial speech. (3) Structure and Height. Temporary non-commercial speech signs may not exceed three square feet per sign face. Temporary non-commercial speech signs must be freestanding and cannot exceed six feet in height measured from the adjacent grade. Notwithstanding the foregoing height restriction, a temporary non-commercial speech sign placed in the rear yard of a single family dwelling, where the dwelling is both adjacent to an 8

9 Council Action Request City Council Meeting February 5, 2019 Page 3 arterial street and located in the residential zone, cannot exceed nine feet in height measured from the adjacent grade. (4) Timing. Temporary non-commercial speech signs can be displayed in the residential zone at all times. Temporary non-commercial speech signs can be displayed in nonresidential zones only during the period which begins sixty days before, and ends ten days after, an election held by a local, state, or national government entity. (5) No Obstruction. Non-commercial speech temporary signs authorized by this section may not be placed within the fifteen-foot corner cutback area, as defined in Section , or encroach on or over the public right of way. The code amendment would provide for the fair and consistent implementation of the city s sign ordinance relating to protected non-commercial speech temporary signs and would not result in an unbalance of signs due to the size or the number of parcels in commercial areas of the city. The table below shows how this update will change the number of signs permitted in the shopping centers/properties analyzed above. Shopping Center/Property Fountain Valley Plaza Brookhurst/Talbert Fountain Valley Promenade Brookhurst/Ellis Del Taco Property Brookhurst between Slater and Warner Fountain Valley Town Center Brookhurst/Edinger Existing Code Allowance for Protected Non-Commercial Speech Temporary Signs Proposed Code Allowance for Protected Non-Commercial Speech Temporary Signs Planning Commission The Planning Commission considered the information provided in the staff report, as well as the information presented at the Planning Commission meeting of January 9, By a vote of 3-0, the Planning Commission recommended that the City Council not approve Code Amendment No regarding provisions for protected non-commercial speech temporary signs. The Planning Commission felt that the proposed amendment was not necessary. They also felt that since the idea of an amendment to this code section was initiated by the City Council, it was more appropriate for the Council to take action on the item. ENVIRONMENTAL REVIEW: The City Council hereby determines that Code Amendment No is not subject to review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guideline section 15061(b)(3), CREED-21 v. City of San Diego (2015) 234 Cal.App.4th 488, 512, (there is no possibility the activity in question may have a significant effect on the environment because the activity will enhance existing environmental conditions). 9

10 Council Action Request City Council Meeting February 5, 2019 Page 4 FINANCIAL ANALYSIS: There is no financial impact associated with approving the proposed code amendment. ATTORNEY REVIEW: The Attorney for the City has reviewed attached Ordinance. PUBLIC NOTIFICATION: The item was published in the Fountain Valley View and notices were posted at City Hall, the Recreation Center and the Fountain Valley Library. ALTERNATIVES: Alternative No. 1 Alternative No. 2 Alternative No. 3 Approve Code Amendment No amending FVMC Chapter (k) regarding provisions for protected non-commercial speech temporary signs. Deny Code Amendment No amending FVMC Chapter (k) regarding provisions for protected non-commercial speech temporary signs. Continue the request for additional information. RECOMMENDATION: Staff recommends that the City Council select Alternative No. 1 - Approve Code Amendment No amending FVMC Chapter (k) regarding provisions for protected noncommercial speech temporary signs. Prepared By: Approved By: Fiscal Review by: Approved By: Steven Ayers, Planner Brian James, Planning & Building Director Jason Al-Imam, Finance Director/Treasurer Rob Houston, City Manager Attachment 1: An Ordinance of the City Council of the City of Fountain Valley approving Code Amendment No amending Fountain Valley Municipal Code Chapter (k) regarding provisions for protected non-commercial speech temporary signs. 10

11 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FOUNTAIN VALLEY APPROVING A CATEGORICAL EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT AND APPROVING CODE AMENDMENT NO , WHICH WOULD AMEND THE FOUNTAIN VALLEY MUNICIPAL CODE CHAPTER (k) REGARDING PROVISIONS FOR PROTECTED NON-COMMERCIAL SPEECH TEMPORARY SIGNS WHEREAS, the Fountain Valley City Council adopted the Development Code Update on December 7, 2000; and WHEREAS, Title of the Fountain Valley Municipal Code contains development regulations pertaining to signage on private property; and WHEREAS, the sign ordinance sets forth regulations to preserve and enhance the aesthetic, traffic safety and environmental values of the community, while at the same time providing channels of communication to the public; and WHEREAS, on August 16, 2016, the City Council set forth regulations to address the protected non-commercial speech temporary sign needs in the city, while at the same time protecting the aesthetics and public safety of the community; and WHEREAS, on July 17, 2018, the City Council amended those regulations to limit protected non-commercial speech temporary signs to no more than four (4) signs per parcel, three (3) square feet per sign face, and limiting the height to six (6) feet measured from the adjacent grade; and WHEREAS, due to differing property sizes and number of parcels in several commercial centers in the city, the number of signs permitted per parcel creates an unbalance of the number of signs in several areas of the city thus creating an unsightly issue and negatively affecting the aesthetics and environmental values of the community; and WHEREAS, the proposed Code Amendment provides that protected noncommercial speech temporary signs may not exceed one (1) per every 100 feet of arterial street frontage in non-residential zones and may not exceed nine (9) feet in height measured form the adjacent grade when placed in the rear yards of single family dwellings adjacent to arterial streets in residential zones; and WHEREAS, the following City Council action was reviewed for content by the attorney for the city; and WHEREAS, the Fountain Valley Planning Commission considered the proposed Code Amendment at a duly noticed public hearing on January 9, By a vote of 3-0, the Planning Commission did not recommend the City Council approve Code Amendment No regarding provisions for protected non-commercial speech temporary signs; and 11

12 WHEREAS, the proposed Code Amendment has been publicly noticed 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 hereby determines that Code Amendment No is not subject to review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guideline section 15061(b)(3), CREED-21 v. City of San Diego (2015) 234 Cal.App.4th 488, 512, (there is no possibility the activity in question may have a significant effect on the environment because the activity will enhance existing environmental conditions). SECTION 2 The City Council finds that notice of the public hearing conducted on January 22, 2019, in the City Council Chambers, Slater Avenue, Fountain Valley, was duly given as required by the Fountain Valley Municipal Code, Title 21, and the State of California. SECTION 3 The City Council finds as follows: SECTION 4 1. The proposed amendment ensures and maintains internal consistency with the actions, goals, objectives, and policies of the General Plan, and would not create any inconsistencies with the Development Code; 2. The proposed amendment will not be detrimental to the public convenience, health, interest, safety or welfare of the City; 3. The proposed amendment has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA) and the City s environmental review procedures; 4. The proposed amendment is internally consistent with other applicable provisions of the Development Code. Section (k) of the Fountain Valley Municipal Code is hereby amended to read as follows: (k) Protected Non-Commercial Speech Temporary Signs. (1) Number. All private properties in the city are allowed to display a maximum of four (4) temporary non-commercial speech signs per parcel in the residential zone and one (1) temporary non-commercial speech sign per 100 feet of arterial street frontage in nonresidential zones. 12

13 (2) Display. The display area of a temporary non-commercial speech sign may be used for any protected non-commercial speech. (3) Structure and Height. Temporary non-commercial speech signs may not exceed three square feet per sign face. Temporary non-commercial speech signs must be freestanding and cannot exceed six feet in height measured from the adjacent grade. Notwithstanding the foregoing height restriction, a temporary non-commercial speech sign placed in the rear yard of a single family dwelling, where the dwelling is both adjacent to an arterial street and located in the residential zone, cannot exceed nine feet in height measured from the adjacent grade. (4) Timing. Temporary non-commercial speech signs can be displayed in the residential zone at all times. Temporary non-commercial speech signs can be displayed in nonresidential zones only during the period which begins sixty days before, and ends ten days after, an election held by a local, state, or national government entity. (5) No Obstruction. Non-commercial speech temporary signs authorized by this section may not be placed within the fifteen-foot corner cutback area, as defined in Section , or encroach on or over the public right of way.... SECTION 5 If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the ordinance. The City Council declares that it would have passed this ordinance and each and every section, subsection, sentence, clause or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would subsequently be declared invalid or unconstitutional. SECTION 6 The City Clerk shall certify to the adoption of this ordinance and cause it to be published as required by law. This ordinance shall become effective thirty (30) days after the date of its adoption. PASSED, APPROVED AND ADOPTED THIS DAY OF, ATTEST: City Clerk Mayor APPROVED AS TO FORM Attorneys for the City 13

14 CITY OF FOUNTAIN VALLEY CITY COUNCIL COUNCIL ACTION REQUEST TO: Honorable Mayor and Agenda Date: February 5, 2019 Members of the City Council SUBJECT: Public Hearing Code Amendment No An Amendment to the Fountain Valley Municipal Code Chapter regarding provisions for Temporary Use Permits and Section regarding Special Event Exception[s]. EXECUTIVE SUMMARY: Staff received inquiries to review the City s Temporary Use Permit provisions for special events to ensure that they were appropriate for non-profit entities and employee-only events. At the City Council meeting on November 13, 2018, staff requested the Council consider possible changes to the City s Temporary Use Permit provisions and direct staff to prepare a code amendment pertaining to Temporary Use Permits. The proposed code changes are minor in nature consisting of: 1) an exemption from a temporary use permit for outdoor employee-only events under certain conditions; 2) a reduced application fee of $50 for minor temporary uses for non-profit entities that draw less than 200 people; and 3) a reduction in all temporary use permit application fees to $120. On January 9, 2019, the Planning Commission approved Resolution No by a vote of 3-0 recommending the City Council approve Code Amendment No regarding an amendment to the Fountain Valley Municipal Code Chapter regarding provisions for Temporary Use Permits and Section regarding Special Event Exception[s]. DISCUSSION: Fountain Valley Municipal Code (FVMC) states in part that All special events which are likely to attract at least seventy-five persons occurring on property within the city, other than that property specified in Section of this code, shall be prohibited unless a properly issued special events permit has first been obtained defines small special event as any special event that is likely to draw less than 500 persons in a four-hour period. The community services manager is authorized to issue small event permits on public property. The planning/building director shall be authorized to issue such a permit if the event is to be conducted on private property. Special Events on private property are allowed for minor short-term activities that might not meet the normal development or use standards of the applicable zoning district, but 14

15 City Council Action Code Amendment No February 5, 2019 Page 2 may otherwise be acceptable because of their temporary nature. Short term activities that may be allowed subject to a Special Event Permit include, but are limited to, limited duration art and craft fairs, carnivals, farmer s markets, flea markets, outdoor sales and displays, seasons sales lots, church bazaars and outdoor church activities, filming activities, temporary model homes and structures and other similar uses. Chapter of the Fountain Valley Municipal Code contains the purpose, authority, applicability, process and procedures for obtaining a Temporary Use Permit for a special event on private property. The purpose of obtaining a Temporary Use Permit is to ensure the basic public convenience, health, interest, safety or community welfare standards are maintained and protected from any adverse impacts of the proposed use. The FVMC provides for two categories of temporary uses: those that are Exempt Temporary Uses and those that are permitted, but require a Temporary Use Permit. Uses exempted from special event permit requirements include: 1. Construction yards, in conjunction with an approved and active construction project on the same site; including a caretaker during non-construction hours. 2. Emergency Facilities. 3. Estate, garage or yard sale events with no more than four events within a twelvemonth period, and for no longer than three consecutive days for each event. Special Events that are permitted subject to issuance of a Temporary Use Permit by the Planning & Building Director include: 1. Car washes; limited to 12 days per year. Limited to educational, fraternal, religious or service organizations directly engaged in civic or charitable efforts, or to tax exempt organizations. 2. Off-site contractors construction yards, in conjunction with an approved construction project; one adult caretaker may be present during non-construction hours. 3. Special Events including: a. Amusement rides, art and craft exhibits, auctions, carnivals, circuses, concerts, fairs, farmers markets, festivals, flea markets, food events, outdoor entertainment/sporting events, rodeos, rummage sales, second hand sales and swap meets for eighteen consecutive days or less, or six two-day weekends, within a 12 month period. b. Outdoor meeting and group activities within the parking area for seven consecutive days or less within a 12 month period c. Church sales, bazaars, dinners, parties or other outdoor events on church owned property. 4. On-location filming activities. 5. Outdoor Displays/Sales. The temporary outdoor display/sales of merchandise (e.g., sidewalk sales) are allowed only if the merchandise is regularly sold on the 15

16 City Council Action Code Amendment No February 5, 2019 Page 3 premises and located immediately adjacent to the structure for a period of 18 consecutive days or less, within a 12 month period. a. Outdoor Sales of Flowers and Produce. (e.g., flowers, fruits, vegetables, etc.). Permitted only if the property is engaged in agricultural production for the duration of the temporary use. Use limited to 90 consecutive days, within a 12 month period, if located on a parcel(s) not engaged in agricultural production. 6. Seasonal Sales lots (e.g., Halloween, Thanksgiving, Christmas, etc.) including temporary residence/security trailers, on non-residential properties, for 45 days or less, within a 12 month period. 7. Temporary Model Homes. Limited to 12 months. 8. Temporary Structures; e.g. a temporary classroom, office or similar portable structure, including a manufactured or mobile unit. Limited to a 12 months, as an accessory use or as the first phase of a development project, in the commercial and industrial zoning districts. 9. Temporary Work Trailers. For temporary use of employees of a business during construction or remodeling. 10. Similar Temporary Uses which, in the opinion of the director, are compatible with the zoning district and surrounding land uses and necessary due to unusual or unique circumstances beyond the control of the applicant. A temporary use permit may be approved, modified, conditioned or disapproved by the director. The director may defer action and refer the application to the commission. Approval of the Temporary Use Permit can be granted if the director or commission finds that the temporary use would be located, operated and maintained in compliance with the actions, goals, objectives and policies of the general plan and any applicable specific plan, and the applicable provisions of the zoning code and that the location, operation or maintenance of the temporary use would not be detrimental to the public convenience, health, interest, safety or welfare of persons residing or working in the surrounding neighborhood. An applicant seeking a temporary use permit is required to file their application at least 15 days prior to the event in non-residential zones and 30 days before the date of the event in residential area. The application fee is $405 for a special event and $120 for outdoor and seasonal sales. Staff has been requested to look at the possibility of creating a minor Temporary Use Permit for non-profit entities that conduct smaller Temporary Uses. During calendar year 2017, a total of 32 Temporary Use Permits for special events were issued by the Planning & Building Department. Of these 32 permits, three (3) were issued to non-profit entities. They included: 1. Fountain Valley School District art show, carnival, and food trucks 2. Viet Love for Texas (Brookhurst & Edinger center) fundraiser 3. Special Olympics (Fountain Bowl) Special Olympic events 16

17 City Council Action Code Amendment No February 5, 2019 Page 4 During calendar year 2018 to date, Temporary Use Permits for special events issued to non-profit entities include: 1. Fountain Valley School District art show, carnival, and food trucks 2. Fountain of Life (9120 Heil) celebration of life, large tent, temporary sound system 3. Special Olympics (Fountain Bowl) Special Olympic events 4. Adat B rit Synagogue (10460 Slater) Festival of Sukkos, included a 10 x 19 temporary structure 5. Fountain of Life (9120 Heil) outdoor wedding reception, DJ music, 200 guests 6. Orange County Water District Winter Fest event/10 th year anniversary of GWRS system, included tours, snow play area, food trucks, live band, and tent. 7. Coastal Community Fellowship Harvest Carnival, included trunk or treating, bounce house, music, hot dogs. In developing a concept for a minor Temporary Use Permit for non-profit entities, staff is suggesting a code amendment that would provide for a second tier application for nonprofit entities if their special event application can clearly demonstrate their proposed temporary use will not have a significant impact to the surrounding neighborhood. The code amendment includes language that would allow for a minor Temporary Use Permit if the event is likely to draw less than 200 people during a four-hour period, that there is no outside amplified music, and that there is adequate parking to accommodate their expected attendance. Staff will continue to require insurance for the special event as outlined in the Special Event application. As a minor Temporary Use Permit would require less staff time to process and review, the $405 Temporary Use Permit application fee could be significantly reduced. Staff has also evaluated the time and city resources necessary to process Temporary Use Permits in general. Staff has concluded that it is taking the same amount of time to process Temporary Use Permits for special events as it does to process a Temporary Use Permit for outdoor and seasonal sales. The existing fees for these two types of permits are $405 and $120 respectively. As such, staff proposes that the City Council consider reducing all Temporary Use Permits as provided in FVMC to $120. Another code change to the City s special event provisions is an exemption that will allow local businesses to host their on-site staff members at an outdoor group activity without the need to secure a Temporary Use Permit. Currently, the Municipal Code requires a Special Event Permit for Outdoor meetings and group activities within the parking areas for seven consecutive days or less, within a twelve-month period. Staff has identified a few local businesses that hold annual/semi-annual outdoor lunches and meetings for staff already located on site. These businesses are required to obtain a $405 Temporary Use Permit to conduct the meeting or lunch in their parking lot. A possible change to the Municipal Code that would allow for these type of activities to be exempt from the permit requirement if the meeting or group activity is limited to individuals already located onsite and provided there is adequate parking remaining to 17

18 City Council Action Code Amendment No February 5, 2019 Page 5 accommodate these individuals. Often times the Temporary Use Permit is accompanied by an application for a tent permit from the Fire Department. The requirement for the tent permit would not change. Proposed changes to the city s Temporary Use Permit code requirements are summarized as follows: Creation of a new minor Temporary Use Permit process for non-profit entities for special events that can demonstrate the proposed temporary use will not have a significant impact to the surrounding neighborhood, is likely to draw less than 200 people during a four-hour period, has no outside amplified music, and has adequate parking to accommodate their expected attendance. A reduced application fee of $50 would be charged. Reducing the fee for all Temporary Use Permits as provided in FVMC to $120. Create an exemption from the Temporary Use Permit requirement for local businesses to host their on-site staff members at an outdoor group activity e.g. annual/semi-annual outdoor lunches or meetings for staff already located on site provided there is adequate parking remaining to accommodate these individuals. Below are the suggested additions to FVMC Section Exempt Temporary Uses: The following minor and limited duration temporary uses are exempt from the requirement for a temporary use permit. Uses that do not fall within the categories defined below shall comply with Section (Allowed temporary uses) of this chapter. (1) Construction yards On-Site. (A) On-site contractors construction yard(s), in conjunction with an approved construction project on the same site; (B) One adult caretaker may be present during nonconstruction hours; (C) The construction yard shall be removed immediately upon completion of the construction project, or the expiration of the companion building permit, authorizing the construction project. (2) Emergency Facilities. Emergency public health and safety needs/land use activities. (3) Estate, Garage or Yard Sale Events. Estate, garage or yard sale events with no more than four events within a twelve-month period, and for no longer than three consecutive days for each event. (4) Employee Events. Businesses that host an outdoor group activity that is not open to the public, e.g., annual/semi-annual outdoor lunches or meetings, for staff members already located on-site and on-site parking is provided for all attendees. 18

19 City Council Action Code Amendment No February 5, 2019 Page 6 Below are the suggested additions to FVMC Section Allowed Temporary Uses: (12) Minor Temporary Uses. Minor temporary uses for non-profit entities that draw less than 200 people during a four-hour period, do not provide any amplified music, and can accommodate on-site parking for all attendees. Below are the suggested changes to FVMC Section Special Event Exception: (c) The community services manager shall be authorized to issue such a small event permit if the event is to occur on public property other than public property located in right-of-way; as defined in Section The planning/building director shall be authorized to issue such a permit if the event is to be conducted on private property, subject to the provisions in Chapter of this code. Planning Commission: The Planning Commission considered the information provided in the staff report, as well as the information presented at the Planning Commission meeting of January 9, 2019, and recommended by a vote of 3-0 that the City Council approve Code Amendment No Should the City Council approve the proposed code amendment and the accompanying reduction in the Temporary Use Permit application fees, the reduced application fees will be updated accordingly. ENVIRONMENTAL REVIEW: Pursuant to the provisions of CEQA, this project is categorically exempt. PUBLIC NOTICE: This item was published in the Fountain Valley View and notices were posted at City Hall, the Recreation Center and the Fountain Valley Library. FINANCIAL ANALYISIS: There is no fiscal impact associated with approving the proposed code amendment. ATTORNEY REVIEW: The Attorney for the City has reviewed the attached ordinance. 19

20 City Council Action Code Amendment No February 5, 2019 Page 7 ALTERNATIVES: Alternative No. 1: Alternative No. 2: Alternative No. 3: Approve Code Amendment No amending Fountain Valley Municipal Code Chapter regarding provisions for Temporary Use Permits and Section regarding Special Event Exception[s]. Deny Code Amendment No amending Fountain Valley Municipal Code Chapter regarding provisions for Temporary Use Permits and Section regarding Special Event Exception[s]. Continue this request for additional information. RECOMMENDATION: Staff recommends that the City Council select Alternative No. 1 Approve Code Amendment No amending Fountain Valley Municipal Code Chapter regarding provisions for Temporary Use Permits and Section regarding Special Event Exception[s]. Prepared By: Approved By: Fiscal Review by: Approved by: Matt Jenkins, Assistant Planner Brian James, Planning and Building Director Jason Al-Imam Finance Director/Treasurer Robert Houston, City Manager Attachment: An Ordinance of the City Council of the City of Fountain Valley approving Code Amendment No amending the Fountain Valley Municipal Code Chapter regarding provisions for Temporary Use Permits and Section regarding Special Event Exception[s]. 20

21 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FOUNTAIN VALLEY, CALIFORNIA, ADOPTING A CATEGORICAL EXEMPTION PER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT AND AMENDING CHAPTER REGARDING PROVISIONS FOR TEMPORARY USE PERMITS AND SECTION REGARDING SPECIAL EVENT EXCEPTION[S] WHEREAS; the Fountain Valley City Council adopted the Development Code Update on December 7, 2000; and WHEREAS, Code Amendment No adopts changes to FVMC Chapter regarding provisions for Temporary Use Permits and Section regarding Special Event Exception[s]; and WHEREAS, the Fountain Valley Planning Commission considered the proposed Code Amendment at a duly noticed public hearing on January 9, By a vote of 3-0, the Planning Commission approved Resolution No recommending the City Council approve Code Amendment No regarding an amendment to the Fountain Valley Municipal Code Chapter regarding provisions for Temporary Use Permits and Section regarding Special Event Exception[s].; 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); and NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FOUNTAIN VALLEY ORDAINS AS FOLLOWS: SECTION 1: The City Council hereby determines that Code Amendment No 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). SECTION 2: The City Council finds that due notice of the public hearing on February 5, 2019, conducted in the City Council Chambers, Slater Avenue, Fountain Valley, and was given as required by the Fountain Valley Municipal Code, Title 21, and the State of California. 21

22 SECTION 3: The City Council hereby finds as follows: 1. The proposed amendment ensures and maintains internal consistency with the actions, goals, objectives and policies of the general plan, and would not create any inconsistencies with the Fountain Valley Municipal Code; 2. The proposed amendment would not be detrimental to the public convenience, health, interest, safety or welfare of the city; and 3. The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA) and the city s environmental review procedures and was determined to be categorically exempt; 4. The proposed amendment is internally consistent with other applicable provisions of the Development Code. SECTION 4: Section of the Fountain Valley Municipal Code is hereby amended by to read as follows: (4) Employee Events. Businesses that host an outdoor group activity that is not open to the public, e.g., annual/semi-annual outdoor lunches or meetings, for staff members already located on-site and on-site parking is provided for all attendees. SECTION 5: Section of the Fountain Valley Municipal Code is hereby amended by to read as follows: (12) Minor Temporary Uses. Minor temporary uses for non-profit entities that draw less than 200 people during a four-hour period, do not provide any amplified music, and can accommodate on-site parking for all attendees. SECTION 6: Section of the Fountain Valley Municipal Code is hereby amended by to read as follows: (c) The community services manager shall be authorized to issue such a small event permit if the event is to occur on public property other than public property located in right-of-way; as defined in Section The planning/building director shall be authorized to issue such a permit if the event is to be conducted on private property, subject to the provisions in Chapter of this code. SECTION 7: 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 22

23 unconstitutional without regard to whether any portion of the ordinance would subsequently be declared invalid or unconstitutional. SECTION 8: 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 adjourned meeting this 5 th day of February, ATTEST: Rick Miller, City Clerk Steve Nagel, Mayor APPROVED AS TO FORM: Harper & Burns LLP Attorneys for the City 23

24 CITY OF FOUNTAIN VALLEY CITY COUNCIL COUNCIL ACTION REQUEST To: Honorable Mayor and Agenda Date: February 5, 2019 Members of the City Council SUBJECT: Second Reading and Adoption of an Ordinance approving Code Amendment No An Amendment to the Fountain Valley Municipal Code Chapter Floodplain (-FP) Overlay Zoning District Flood Damage Prevention to Ensure Compliance with the National Flood Insurance Program EXECUTIVE SUMMARY: At its meeting on January 22, 2019, the City Council introduced for first reading an Ordinance approving Code Amendment No an amendment to the Fountain Valley Municipal Code Chapter Floodplain (-FP) Overlay Zoning District Flood Damage Prevention to ensure compliance with the National Flood Insurance Program. The Ordinance would change the effective Flood Insurance Rate Map (FIRM) and Flood Insurance Study (FIS) dates found in FVMC (g) from December 3, 2009, to March 21, 2019, as requested by FEMA. 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. FINANCIAL ANALYSIS: There is no financial impact associated with approving the proposed code amendment. ATTORNEY REVIEW: The Attorney for the City has reviewed attached Ordinance. PUBLIC NOTIFICATION: The item was published in the Fountain Valley View and notices were posted at City Hall, the Recreation Center and the Fountain Valley Library for the public hearing on January 22, ALTERNATIVES: Alternative No. 1 Adopt the attached Ordinance of the City Council of the City of Fountain Valley approving Code Amendment No amending the Fountain Valley Municipal Code Chapter Floodplain (-FP) overlay zoning district-flood damage prevention. 24

25 Council Action Request Second Reading Adoption of Ordinance approving Code Amendment City Council Meeting February 5, 2019 Page 2 Alternative No. 2 Alternative No. 3 Do not adopt the attached Ordinance of the City Council of the City of Fountain Valley approving Code Amendment No amending the Fountain Valley Municipal Code Chapter Floodplain (-FP) overlay zoning district-flood damage prevention. It should be noted that failure to adopt the revised FIRM and FIS dates into our floodplain ordinance could result in a loss of the city s participation in the National Flood Insurance Program, thereby potentially increasing flood insurance premiums for residents within the city s floodplain. Continue the request for additional information. It should be noted that any delay in adopting the revised FIRM and FIS dates into our floodplain ordinance could result in a loss of the city s participation in the National Flood Insurance Program, thereby potentially increasing flood insurance premiums for residents within the city s floodplain. RECOMMENDATION: Staff recommends that the City Council select Alternative No. 1 Adopt the attached Ordinance of the City Council of the City of Fountain Valley approving Code Amendment No amending the Fountain Valley Municipal Code Chapter Floodplain (-FP) overlay zoning district-flood damage prevention. Approved By: Fiscal Review by: Approved By: Brian James, Planning and Building Director Jason Al-Imam, Finance Director/ Treasurer Rob Houston, City Manager Attachment 1: Attachment 2: Attachment 3: January 22, 2019, Staff Report An Ordinance of the City Council of the City of Fountain Valley approving Code Amendment No amending the Fountain Valley Municipal Code Chapter Floodplain (-FP) overlay zoning district-flood damage prevention. Letter from the Federal Emergency Management Agency dated September 21, 2018 Attachment 4: Copy of existing Floodplain code FVMC

26 CITY OF FOUNTAIN VALLEY CITY COUNCIL COUNCIL ACTION REQUEST To: Honorable Mayor and Agenda Date: January 22, 2019 Members of the City Council SUBJECT: Public Hearing: Code Amendment No An Amendment to the Fountain Valley Municipal Code Chapter Floodplain (-FP) Overlay Zoning District Flood Damage Prevention to Ensure Compliance with the National Flood Insurance Program EXECUTIVE SUMMARY: Chapter of the Fountain Valley Municipal Code addressed the City s Floodplain (-FP) Overlay Zoning District Flood Damage Protection. The Federal Emergency Management Agency (FEMA) recently completed a revision to the Flood Insurance Rate Map (FIRM) and Flood Insurance Study (FIS) for Orange County and Incorporated Areas. The City of Fountain Valley is unaffected by the updated flood hazard information contained in the FIRM and FIS, however, the City of Fountain Valley lies within one or more of the revised map panels. As such, FEMA has notified the City that our floodplain ordinance needs to be amended to reflect the new map date and study. The proposed code amendment will change the effective FIRM and FIS date found in FVMC (g) from December 3, 2009 to March 21, 2019 as requested by FEMA. On January 9, 2019, the Planning Commission approved Resolution No by a vote of 3-0 recommending the City Council approve Code Amendment No regarding an amendment to the Fountain Valley Municipal Code Chapter Floodplain (-FP) overlay zoning district-flood damage prevention. Staff recommends the Council approve the attached Ordinance amending the Fountain Valley Municipal Code Chapter Floodplain (-FP) overlay zoning district-flood damage prevention. DISCUSSION: The City of Fountain Valley is one of approximately 20,000 communities across the United States and its territories that participate in the Department of Homeland Security s Federal Emergency Management Agency (FEMA) National Flood Insurance Program (NFIP). Participation in the NFIP requires the City to adopt and enforce floodplain management ordinances to reduce potential future flood damage. In exchange, the NFIP makes federally backed flood insurance available to homeowners, renters, and business owners. Participation in the NFIP is voluntary. Fountain Valley Municipal Code Chapter Floodplain (-FP) Overlay Zoning District Flood Damage Prevention contains the City s requirement to reduce the potential damage resulting from flooding. The City s ordinance regarding flood protection is adopted in compliance with the Federal Emergency Management Agency (FEMA) requirements. 26

27 Council Action Request Code Amendment City Council Meeting January 22, 2019 Page 2 FEMA recently completed a revision to the Flood Insurance Rate Map (FIRM) and Flood Insurance Study (FIS) for Orange County and Incorporated Areas. The City of Fountain Valley is unaffected by the updated flood hazard information presented in the FIRM and FIS, however, the City of Fountain Valley lies within one or more of the revised map panels. As such, FEMA has notified the City that our floodplain ordinance needs to be amended to reflect the new map date and study. The proposed code amendment will change the effective FIRM and FIS date found in FVMC (g) from December 3, 2009 to March 21, 2019 as requested by FEMA. No other changes to the City s Floodplain Ordinance are proposed. Planning Commission The Planning Commission considered the information provided in the staff report, as well as the information presented at the Planning Commission meeting of January 9, 2019, and recommend by a vote of 3-0 that the City Council approve Code Amendment No ENVIRONMENTAL REVIEW: Pursuant to the provisions of CEQA, this project is categorically exempt. FINANCIAL ANALYSIS: There is no financial impact associated with approving the proposed code amendment. ATTORNEY REVIEW: The Attorney for the City has reviewed attached Ordinance. PUBLIC NOTIFICATION: The item was published in the Fountain Valley View and notices were posted at City Hall, the Recreation Center and the Fountain Valley Library. ALTERNATIVES: Alternative No. 1 Alternative No. 2 Approve Code Amendment No amending the Fountain Valley Municipal Code Chapter Floodplain (-FP) overlay zoning district-flood damage prevention. Deny Code Amendment No amending the Fountain Valley Municipal Code Chapter Floodplain (-FP) overlay zoning district-flood damage prevention. It should be noted that failure to adopt the revised FIRM and FIS dates into our floodplain ordinance could result in a loss of the city s participation in the National Flood Insurance Program, thereby potentially increasing flood insurance premiums for residents within the city s floodplain. 27

28 Council Action Request Code Amendment City Council Meeting January 22, 2019 Page 3 Alternative No. 3 Continue the request for additional information. It should be noted that any delay in adopting the revised FIRM and FIS dates into our floodplain ordinance could result in a loss of the city s participation in the National Flood Insurance Program, thereby potentially increasing flood insurance premiums for residents within the city s floodplain. RECOMMENDATION: Staff recommends that the City Council select Alternative No. 1 Approve Code Amendment No amending the Fountain Valley Municipal Code Chapter Floodplain (-FP) overlay zoning district-flood damage prevention. Prepared By: Approved By: Fiscal Review by: Approved By: Steven Ayers, Planner Brian James, Planning and Building Director Jason Al-Imam, Finance Director/ Treasurer Rob Houston, City Manager Attachment 1: Attachment 2: An Ordinance of the City Council of the City of Fountain Valley approving Code Amendment No amending the Fountain Valley Municipal Code Chapter Floodplain (-FP) overlay zoning district-flood damage prevention. Letter from the Federal Emergency Management Agency dated September 21, 2018 Attachment 3: Copy of existing Floodplain code FVMC

29 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FOUNTAIN VALLEY, CALIFORNIA, ADOPTING A CATEGORICAL EXEMPTION PER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT AND AMENDING CHAPTER FLOODPLAIN (-FP) OVERLAY ZONING DISTRICT FLOOD DAMAGE PREVENTION OF THE FOUNTAIN VALLEY MUNICIPAL CODE (FVMC) TO ENSURE COMPLIANCE WITH THE NATIONAL FLOOD INSURANCE PROGRAM WHEREAS; the Fountain Valley City Council adopted the Development Code Update on December 7, 2000; and WHEREAS, on October 5, 2004, the City Council adopted Ordinance 1359 reestablishing the floodplain regulations as required by the Federal Emergency Management Agency; and WHEREAS, on December 5, 2017, the City Council adopted Ordinance 1529 amending Chapter with changes recommended by the California Department of Water Resources to ensure the City s regulations are in compliance with the National Flood Insurance Program (NFIP); and WHEREAS, the Federal Emergency Management Agency (FEMA) recently completed a revision to the Flood Insurance Rate Map (FIRM) and Flood Insurance Study (FIS) for Orange County and Incorporated Areas; and WHEREAS, the City of Fountain Valley is unaffected by the updated flood hazard information presented in the FIS report and FIRM, but Fountain Valley does lie in one or more revised map panels; and WHEREAS, FEMA has notified the City that our floodplain management ordinance needs to be amended to reflect the new FIRM map date of March 21, 2019; and WHEREAS, Code Amendment No adopts changes to FVMC Chapter as directed by FEMA to ensure the City s floodplain regulations are in compliance with the NFIP; and WHEREAS, the Fountain Valley Planning Commission considered the proposed Code Amendment at a duly noticed public hearing on January 9, By a vote of 3-0, the Planning Commission approved Resolution No recommending the City Council approve Code Amendment No regarding an amendment to the Fountain Valley Municipal Code Chapter Floodplain (-FP) Overlay Zoning District flood damage prevention to ensure compliance with the National Flood Insurance Program; and 29

30 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); and NOW THEREFORE, the City Council of the City Of Fountain Valley ordains as follows: SECTION 1: The City Council hereby determines that Code Amendment No 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). SECTION 2: The City Council finds that due notice of the public hearing on January 22, 2019, conducted in the City Council Chambers, Slater Avenue, Fountain Valley, and was given as required by the Fountain Valley Municipal Code, Title 21, and the State of California. SECTION 3: The City Council hereby finds as follows: 1. The proposed amendment ensures and maintains internal consistency with the actions, goals, objectives and policies of the general plan, and would not create any inconsistencies with the Fountain Valley Municipal Code; 2. The proposed amendment would not be detrimental to the public convenience, health, interest, safety or welfare of the city; and 3. The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA) and the city s environmental review procedures and was determined to be categorically exempt; 4. The proposed amendment is internally consistent with other applicable provisions of the Development Code. SECTION 4: 30

31 The Fountain Valley Municipal Code is hereby amended by revising section to read as follows: (g) Basis for Establishing the Areas of Special Flood Hazard. The areas of special hazard identified by the Federal Insurance Administration (FIA) of the Federal Emergency Management Agency (FEMA) in the Orange County and incorporated areas Flood Insurance Study (FIS), dated March 21, 2019, and accompanying Flood Insurance Rate Map (FIRM), dated March 21, 2019, and all subsequent amendments and/or revisions, are hereby adopted by reference and declared to be a part of this chapter. This FIS, and attendant mapping, is the minimum area of applicability of this chapter and which are recommended to the city council by the floodplain administrator. The study, FIRM are on file at City Hall, Slater Avenue, Fountain Valley, California SECTION 5: If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the ordinance. The City Council declares that it would have passed this ordinance and each and every section, subsection, sentence, clause or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would subsequently be declared invalid or unconstitutional. SECTION 6: The City Clerk shall certify to the adoption of this ordinance and cause it to be published as required by law. This ordinance shall become effective thirty (30) days after the date of its adoption. PASSED and ADOPTED by the City Council of the City of Fountain Valley at a regular adjourned meeting this 5 th day of February, ATTEST: Rick Miller, City Clerk Steve Nagel, Mayor APPROVED AS TO FORM: Harper & Burns LLP 31

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46 CITY OF FOUNTAIN VALLEY COUNCIL ACTION REQUEST To: The Honorable Mayor and Agenda Date: February 5, 2019 Members of the City Council Subject: REQUEST THE CITY COUNCIL APPROVAL FOR THE APPROPRIATION OF GRANT FUNDS FROM THE 2018 EMERGENCY MANAGEMENT PERFORMANCE GRANT (EMPG) PROGRAM. EXECUTIVE SUMMARY: The federal Department of Homeland Security (DHS) has allocated $775,004 to the Orange County Operational Area for the Fiscal Year 2018 Emergency Management Performance Grant (EMPG) program. The City of Fountain Valley is part of the Orange County Operational Area. The amount that each city is eligible to receive is determined by the population of the city and the number of cities that participate in the grant program. The City of Fountain Valley is estimated to be eligible to receive $7, if all performance measures are met. One of the requirements of the grant is to have the Agreement to Transfer Funds for the 2018 Emergency Management Performance Grant Program signed by the City Council. Staff requests the City Council approve the appropriation of grant funds from the 2018 Emergency Management Performance Grant Program. DISCUSSION: The purpose of the Fiscal Year 2018 Emergency Management Performance Grant (FY18 EMPG) is to support comprehensive emergency management at the state, tribal, and local levels and to encourage the improvement of mitigation, preparedness, response, and recovery capabilities for all hazards. Funds provided under the EMPG may, and should, be used to support activities that contribute to the grant recipient s capability to prevent, prepare for, mitigate against, respond to, and recover from emergencies and disasters, whether natural or man-made. The federal Department of Homeland Security (DHS) has allocated $775, to the Orange County Operational Area. The City of Fountain Valley is part of the Orange County Operational Area. The amount that each city is eligible to receive is determined by the population of the city and the number of cities that participate in the grant program. The City of Fountain Valley is estimated to be eligible to receive up to $7, if all performance measures are met. On November 1, 2018, the City of Fountain Valley submitted a provisional application to the Orange County Operational Area to participate in the FY18 46

47 Request for Council Action Approval of Grant Funds Page 2 Emergency Management Performance Grant Program. Fountain Valley has met all the obligations of the grant program and is eligible for funds providing that the Agreement to Transfer Funds for 2018 Emergency Management Performance Grant Program is signed by the City Council. It is recommended the City Council approve the appropriation of grant funds from the 2018 Emergency Management Performance Grant Program; and direct staff to amend revenues and expenditures for the 2018/2019 budget in the amount of $7, ALTERNATIVES: Alternative No. 1: Approve the appropriation of grant funds from the 2018 Emergency Management Performance Grant Program. Alternative No. 2: Do not approve the appropriation of grant funds from the 2018 Emergency Management Performance Grant Program. FINANCIAL ANALYSIS: The 2018 EMPG grant allocation for the City of Fountain Valley is estimated to be $7,132.00, depending on how many jurisdictions apply. The City must provide a 50% match for these funds, which is accomplished through personnel costs expended on the Disaster Preparedness program. Funds from EMPG are utilized to offset the City s cost of administering this program. ATTORNEY REVIEW: The Attorney for the City has reviewed and approved the agreement. PUBLIC NOTIFICATION/CONTACT: The notification for this item is via the City Clerk s agenda notification process. RECOMMENDATION: It is recommended that the City Council approve Alternative No. 1, thereby approving appropriation of grant funds for the 2018 Emergency Management Performance Grant Program. 47

48 Request for Council Action Approval of Grant Funds Page 3 Prepared by: Concurred by: Fiscal Review by: Approved by: Michelle Rudaitis, Fire Marshal Tony Coppolino, Fire Chief Jason Al-Imam, Finance Director Rob Houston, City Manager Attachment 1: Agreement to Transfer Funds 48

49 January 23, 2019 Ms. Michelle Rudaitis City of Fountain Valley Fire Department Slater Avenue Fountain Valley, CA Subject: Notification of Application Approval FY17 Emergency Management Performance Grant Subaward # , CalOES ID: Dear Michelle Rudaitis, The California Governor s Office of Emergency Services (CalOES) has approved the County of Orange application, including the proposed project for your city in the amount of $7,132. A copy of the approved Subaward is enclosed for your records. All payment requests must be submitted on the Financial Management Forms Workbook. In addition, expenditures can only be made for items listed in the approved Subaward. Any activities requiring an Environmental and Historic Preservation (EHP) review and approval are prohibited from expending Subaward on those activities until an EHP clearance has been obtained. Failure to adhere to this requirement will result in the de-obligation of Subaward funds. This Subaward is subject to all policies and provisions of the Single Audit Act of 1984 and the Single Audit Act Amendments of Any funds received in excess of current needs, approved amounts, or those found owed as a result of a final inspection or audit, must be refunded to the State within 30 days upon receipt of an invoice from CalOES. Quarterly reports must be prepared and submitted to CalOES for the duration of the performance period or until all activities are completed and the Subaward is formally closed. Failure to submit quarterly reports could result in grant reduction, suspension, or termination. In order to comply with the Uniform Grant Guidance, the following information is being furnished to you although it may be stated elsewhere in this letter or in the documents enclosed in your Award Binder: 49

50 Requirement Response Subrecipient name City of Fountain Valley Fire Department Subrecipient s DUNS number Federal Award Identification Number (FAIN) EMF-2018-EP Federal Award Date: 10/01/2017 9/30/2019 (obligated) Subaward Period of Performance Start and End 7/01/2018-6/30/2019 Date: Amount of Federal Funds Obligated by this $7,132 action Total Amount of Federal Funds Obligated to the $7,132 subrecipient Total Amount of the Federal Award $27,827,857 Federal award project description, as required to The purpose of the Emergency Management be responsive to the Federal Funding Performance Grant (EMPG) Program is to provide Accountability and Transparency Act (FFATA); federal funds to states to assist state, local, and tribal governments in preparing for all hazards. Funds provided under the EMPG must be used to support activities that contribute to the Operational Area s capability to prevent, prepare for, mitigate against, respond to, and recover from emergencies and Name of Federal awarding agency, pass-through entity, and contact information for awarding official CFDA Number and Name disasters, whether natural or man-made. These funds have been awarded by the Federal Emergency Management Agency, Department of Homeland Security and passed through the California Office of Emergency Services and the County of Orange. The City should contact the Orange County Sheriff s Department Emergency Management Division at as the awarding official , Emergency Management Performance Grants 50

51 Attachment B - Form of Transfer Agreement Page 1 of AGREEMENT TO TRANSFER FUNDS FOR 2018 EMERGENCY MANAGEMENT PERFORMANCE GRANT PROGRAM THIS AGREEMENT is entered into this day of 20, which date is enumerated for purposes of reference only, by and between the COUNTY OF ORANGE, a political subdivision of the State of California, hereinafter referred to as COUNTY, and, a municipal corporation, hereinafter referred to as SUBRECIPIENT. WHEREAS, COUNTY, acting through its Sheriff-Coroner Department, hereinafter referred to as SHERIFF, in its capacity as the lead agency for the Operational Area, has applied for, received and accepted the Emergency Management Performance Grant (hereinafter referred to as the grant ) from the California Office of Emergency Services ( CalOES ). WHEREAS, the purpose of the grant is to support comprehensive emergency management at the state, tribal and local levels and to encourage the improvement of prevention, protection, mitigation, response and recovery capabilities for all hazards, as set forth in Attachment A hereto (FY 2018 Emergency Management Performance Grants [EMPG] Notice of Funding Opportunity [NOFO]), which is attached hereto and incorporated herein by reference. NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS: 1. COUNTY shall transfer to SUBRECIPIENT grant funds, in arrears, as necessary to reimburse SUBRECIPIENT for reasonable and permissible expenditures for the grant purposes. In order to obtain grant funds, SUBRECIPIENT shall comply with the instructions and submit to SHERIFF all required information and documentation, as set forth in Attachment B (FY 2018 EMPG Financial Management Forms Workbook), which is attached hereto and incorporated herein by reference. 2. Throughout their useful life, grant property and equipment shall be used by SUBRECIPIENT only for grant purposes in accordance with Attachment A hereto. 3. SUBRECIPIENT shall exercise due care to preserve and safeguard grant property and equipment from damage or destruction and shall provide regular maintenance and such repairs for grant CFDA: Emergency Management Performance Grant Department of Homeland Security Page 1of 4 51

52 Attachment B - Form of Transfer Agreement Page 2 of property and equipment as are necessary, in order to keep said grant property and equipment continually in good working order. 4. If grant property or equipment becomes obsolete, SUBRECIPIENT shall dispose of it only in accordance with the instructions of COUNTY or the agency from which COUNTY received the grant funds. 5. SUBRECIPIENT shall submit to the COUNTY grant program reporting documents and information in accordance with requirements set out in the Attachment C (FY 2018 Emergency Management Performance Grant Program: California Supplement to the Federal Program Funding Opportunity Announcement; or, The State Guidance), which is attached hereto and incorporated herein by reference. 6. By executing this Agreement, SUBRECIPIENT agrees to comply with and be fully bound by this Agreement and all applicable provisions of Attachments A, B, C, and D (Standard Assurances for all CalOES Federal Grant Programs) hereto. SUBRECIPIENT shall notify COUNTY immediately upon discovery that it has not abided or no longer will abide by any applicable provision of this Agreement or Attachments A, B, C, or D hereto. 7. SUBRECIPIENT agrees to indemnify, defend and save harmless COUNTY and the agency from which COUNTY received grant funds, and their elected and appointed officials, officers, agents and employees from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, laborers, and any other person, firm or corporation furnishing or supplying work, services, materials or supplies in connection with SUBRECIPIENT s performance of this Agreement, including Attachments A, B, C, and D hereto, and from any and all claims and losses accruing or resulting to any person, firm, or corporation who may be injured or damaged by SUBRECIPIENT in the performance of this Agreement, including Attachments A, B, C, and D hereto. 8. No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by duly authorized representatives of the parties hereto, and no oral understanding or agreement not incorporated herein shall be binding on any of the parties hereto. 9. SUBRECIPIENT may not assign this Agreement in whole or in part without the express written consent of COUNTY. CFDA: Emergency Management Performance Grant Department of Homeland Security Page 2of 4 52

53 Attachment B - Form of Transfer Agreement Page 3 of SUBRECIPIENT shall provide to COUNTY all records and information requested by COUNTY for inclusion in quarterly reports and such other reports or records as COUNTY may be required to provide to the agency from which COUNTY received grant funds or other persons or agencies. 11. For a period of three years after the final Federal Financial Report hereunder or until all claims related to this Agreement are finally settled, whichever is later, SUBRECIPIENT shall preserve and maintain all documents, papers and records relevant to the work performed or property or equipment acquired in accordance with this Agreement, including Attachments A, B, C, and D hereto. For the same time period, SUBRECIPIENT shall make said documents, papers and records available to COUNTY and the agency from which COUNTY received the grant funds or their duly authorized representative(s), for examination, copying, or mechanical reproduction on or off the premises of SUBRECIPIENT, upon request, during usual working hours. 12. SUBRECIPIENT and COUNTY shall be subject to examination and audit by the California State Auditor with respect to this Agreement for a period of three years after the final Federal Financial Report hereunder. 13. COUNTY may terminate this Agreement and be relieved of the payment of any consideration to SUBRECIPIENT if a) SUBRECIPIENT fails to perform any of the covenants contained in this Agreement, including the applicable terms of Attachments A, B, C, and D hereto, at the time and in the manner herein provided, or b) COUNTY loses funding under the grant. In the event of termination, COUNTY may proceed with the work in any manner deemed proper by COUNTY. 14. SUBRECIPIENT and its agents and employees shall act in an independent capacity in the performance of this Agreement, including Attachments A, B, C, and D hereto, and shall not be considered officers, agents or employees of COUNTY or SHERIFF or of the agency from which COUNTY received grant funds. 15. By signing this Agreement, SUBRECIPIENT understands and agrees that: a. Failure to follow grant guidance, including those detailed below, will result in ineligibility for any reimbursement under the FY 2018 EMPG: 28 CFDA: Emergency Management Performance Grant Department of Homeland Security Page 3of 4 53

54 Attachment B - Form of Transfer Agreement Page 4 of 4 Approved as to Form: Attorney for the City 54

55 MINUTES OF THE CITY COUNCIL/ SUCCESSOR AGENCY TO THE FOUNTAIN VALLEY AGENCY FOR COMMUNITY DEVELOPMENT/ FOUNTAIN VALLEY HOUSING AUTHORITY Study Session 4:30 p.m. Closed Session 5:51 p.m. Regular Meeting 6:21 p.m. Tuesday, December 18, 2018 Council Chambers STUDY SESSION CALL TO ORDER 4:30 p.m. 1. Proposal by Goals Soccer Center, CEO Andy Anson Public Comments: Michael Ramirez Allan Grandall Representatives from GOALS Soccer and Community Services Director Rob Frizzelle presented the proposed GOALS soccer complex. CLOSED SESSION CALL TO ORDER 5:15 p.m. PUBLIC COMMENTS None 2. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION Paragraph (1) of subdivision (d) of Section Name of case: Environmental Construction, Inc. v. City of Fountain Valley (Pascal & Ludwig Constructors, Inc.) OCSC Case No CU-WM-CJC There was no reportable action on this item. 3. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION Paragraph (1) of subdivision (d) of Section Name of case: Orange County Transportation Authority v. City of Fountain Valley, et al. (OCSC Case No CU-EI-CXC) There was no reportable action on this item. 4. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: (1) Fountain Valley Sports Park Field A City Negotiators: Rob Houston, City Manager; Rob Frizzelle, Community Services Director, Maggie Le, Assistant to the City Manager, Colin Burns, Attorney for the City Negotiating Parties: Fountain Valley and Goals Soccer Center 55

56 Under negotiation: Price and terms of payment There was no reportable action on this item. 5. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION Paragraph (1) of subdivision (d) of Section Name of case: Sherman v. City of Fountain Valley, et al. (USDC Case No. 8:17-cv-2217-JVS (DFMx)) There was no reportable action on this item. 6. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: (APNs and ) Agency negotiators: City Manager, Attorney for the City, Director of Public Works, Assistant to the City Manager Negotiating parties: Fountain Valley and Orange County Transportation Authority Under negotiation: Price and terms of payment There was no reportable action on this item. 7. Property: (Land adjacent to 405 freeway including City Water Tank Euclid Street, Fountain Valley, CALTRANS PARCEL: ; ) Agency negotiators: City Manager, Attorney for the City, Director of Public Works, Assistant to the City Manager Negotiating parties: Fountain Valley and Orange County Transportation Authority Under negotiation: Price and terms of payment There was no reportable action on this item. 8. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: (APN Numbers: , -02 and -03) Agency negotiators: City Manager, Attorney for the City, Director of Public Works, Assistant to the City Manager Negotiating parties: Fountain Valley, Mike Thompson s RV, and Orange County Transportation Authority Under negotiation: Price and terms of payment There was no reportable action on this item. 9. Conference with Real Property Negotiators under Government Code Section Property: APNs: and Housing Authority/City negotiators: Rob Houston, City Manager/Housing Authority Executive Director; Brian James, Building and Planning Director; Colin Burns, City Legal Counsel; Celeste Brady, Special Counsel; Kathleen Head, Housing and Economic Advisor Persons with whom its negotiators may negotiate: authorized representatives of the property owner, Scott Ramser, et al., and The Related Companies of California, LLC, Frank Cardone, Colby Northridge, et al. Under negotiation are the price and terms of funding and payment related to potential acquisition of subject real property. There was no reportable action on this item. 56

57 10. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION Paragraph (1) of subdivision (d) of Section Name of case: AmeriCare Medservices, Inc. v. City of Anaheim, et al. (United States Supreme Court Case No ) There was no reportable action on this item. Closed Session was recessed at 6:17 p.m. CALL TO ORDER INVOCATION SALUTE TO THE FLAG OPEN SESSION 6:18 p.m. Mayor Steve Nagel Mayor Pro Tem Cheryl Brothers CITY COUNCIL/SUCCESSOR AGENCY/HOUSING AUTHORITY/ ROLL CALL Council Members: Constantine, Harper, Vo, Mayor Pro Tem/Vice Chair Brothers, Mayor/Chair Nagel All members were present ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS In regards to item 12, late s were received and given to City Council Members. In regards to item 22, a revised staff report was given to the City Council and Public. PUBLIC COMMENTS (Scheduled Matters Only) None READING ORDINANCES 11. 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: Brothers AYES: NOES: ABSENT: ABSTAIN: Constantine, Harper, Vo, Brothers, Nagel None None None PUBLIC HEARINGS Each person will have up to 3 minutes to speak on each Public Hearing. Council Member Harper left the Dias at 6:21 p.m. 12. (Council) Public Hearing to Consider an Appeal Filed by the City Council Regarding the Planning Commission s Approval of Conditional Use Permit No and Variance No. 329 Submitted by Rodecker Slater LLC to Install a Wireless Telecommunication Facility on the 57

58 Roof of the Existing Building Located at Slater Avenue and a Variance to Exceed the Fifty-Foot Maximum Height for a Structure in the C1 Zoning District Public Hearing opened at 6:52 p.m. Public Comments: Mary parsons, Bud Potter, Valerie Fairman, Alan Marcum, Tracy Cameron, Memory Bartlett, Gary Forman, Gary Sahagen, Mitchell Cameron, Sasha Chavez, Deborah Ballard, Jim Newton, Wallace Rodecker, Dan Madden, Bob Herman, Michael Ramirez, Al Franco, Lal Punwani, Dan Hoppy, Susan Castellanos, Hany Stefanos, Dan Sumpter, Amanda Zive, Nomi Channapragada, George Renjes, Susan Saurastri. Public Hearing Closed at 7:43 p.m. ACTION: Move to continue the Public Hearing item to a future meeting. MOTION: Vo SECOND: Brothers AYES: NOES: ABSENT: ABSTAIN: Constantine, Vo, Brothers, Nagel None None Harper Council Member Harper returned to the Dias at 7:49 p.m. 13. (Council) Public Hearing: Code Amendment No An Amendment to the Fountain Valley Municipal Code Chapter Floodplain (-FP) Overlay Zoning District Flood Damage Prevention to Ensure Compliance with the National Flood Insurance Program Public Hearing opened at 7:52 p.m. No Comments Public Hearing Closed at 7:52 p.m. ACTION: Move to approve Code Amendment No An Amendment to the Fountain Valley Municipal Code Chapter Floodplain (-FP) Overlay Zoning District Flood Damage Prevention to Ensure Compliance with the National Flood Insurance Program MOTION: Brothers SECOND: Harper AYES: NOES: ABSENT: ABSTAIN: Constantine, Harper, Vo, Brothers, Nagel None None None 14. (Council) Public Hearing: Code Amendment No An Amendment to the Fountain Valley Crossings Specific Plan, Table 2.7.1, Pertaining to Parking Regulations for Entertainment and Recreation Uses Public Hearing opened at 7:56 p.m. No Comments 58

59 Public Hearing Closed at 7:56 p.m. ACTION: Move to approve Code Amendment No An Amendment to the Fountain Valley Crossings Specific Plan, Table 2.7.1, Pertaining to Parking Regulations for Entertainment and Recreation Uses MOTION: Vo SECOND: Brothers AYES: NOES: ABSENT: ABSTAIN: Constantine, Harper, Vo, Brothers, Nagel None None None CONSENT CALENDAR Consent Calendar Items 16 and 18 through 20 were approved simultaneously. Pulled by Council Member Harper 15. (Council/Successor Agency/Housing Authority) Receive and File the Draft Minutes of the December 18, 2018 City Council Meeting ACTION: Move to approve the Minutes of December 18, 2018, as amended MOTION: Harper SECOND: Nagel AYES: NOES: ABSENT: ABSTAIN: Constantine, Harper, Vo, Brothers, Nagel None None None 16. (Council) 1) Approval of a Resolution of the City Council of the City of Fountain Valley relating to the Classification and Compensation of City employees, and superseding all provisions contained in Resolution No which pertain to the Classification and Compensation of City employees. 2) Approval of a Resolution of the City Council of the City of Fountain Valley relating to the classification and compensation plan for part-time employees of the City and superseding all provisions contained in Resolution No which pertain to the part-time employees and Workers Compensation coverage for volunteers. ACTION: Move to approve a Resolution of the City Council of the City of Fountain Valley relating to the Classification and Compensation of City employees, and superseding all provisions contained in Resolution No which pertain to the Classification and Compensation of City employees and a Resolution of the City Council of the City of Fountain Valley relating to the classification and compensation plan for parttime employees of the City and superseding all provisions contained in Resolution No which pertain to the part-time employees and Workers Compensation coverage for volunteers. MOTION: Vo SECOND: Nagel AYES: NOES: ABSENT: Constantine, Harper, Vo, Brothers, Nagel None None 59

60 ABSTAIN: None Pulled by Mayor Pro Tem Brothers 17. (Council) 1) Accept the Bids and Award a Contract to California Professional Engineering, Inc. in the amount of $626, for Project Construction for the Traffic Signal Installation Project at Talbert Avenue/Mount Washington Street/Costco Plaza, Project No. TI233; 2) Approve a Budget Amendment to the Traffic Improvement Fund (Fund 24) in the amount of $324,493.34; and, 3) Approve a Transfer from the General Fund into the Traffic Improvement Fund in the amount of $201, ACTION: Move to 1) Accept the Bids and Award a Contract to California Professional Engineering, Inc. in the amount of $626, for Project Construction for the Traffic Signal Installation Project at Talbert Avenue/Mount Washington Street/Costco Plaza, Project No. TI233; 2) Approve a Budget Amendment to the Traffic Improvement Fund (Fund 24) in the amount of $324,493.34; and, 3) Approve a Transfer from the General Fund into the Traffic Improvement Fund in the amount of $201, MOTION: Brothers SECOND: Harper AYES: NOES: ABSENT: ABSTAIN: Constantine, Harper, Vo, Brothers, Nagel None None None 18. (Council) Adopt a Resolution Authorizing Application to the Orange County Transportation Authority for 2019 Measure M2 Project W Safe Transit Stops Funding Program ACTION: Move to Adopt a Resolution Authorizing Application to the Orange County Transportation Authority for 2019 Measure M2 Project W Safe Transit Stops Funding Program MOTION: Vo SECOND: Nagel AYES: NOES: ABSENT: ABSTAIN: Constantine, Harper, Vo, Brothers, Nagel None None None 19. (Council) Approval of a contract with Konica Minolta Business Systems for the Implementation of New Agenda Management Software. ACTION: Move to approve a contract with Konica Minolta Business Systems for the Implementation of New Agenda Management Software. MOTION: Vo SECOND: Nagel AYES: NOES: ABSENT: ABSTAIN: Constantine, Harper, Vo, Brothers, Nagel None None None 60

61 20. (Council) Approve the Modification of the Salary and Position Control Schedule to Convert the Reproduction/Stores Clerk Position to an Accounting Technician I Position. ACTION: Move to approve the Modification of the Salary and Position Control Schedule to Convert the Reproduction/Stores Clerk Position to an Accounting Technician I Position. MOTION: Vo SECOND: Nagel AYES: NOES: ABSENT: ABSTAIN: Constantine, Harper, Vo, Brothers, Nagel None None None ADMINISTRATIVE ITEMS 21. (Council/Successor Agency/Housing Authority) ACQUISITION LOAN AGREEMENT FOR AFFORDABLE HOUSING SITE BETWEEN THE FOUNTAIN VALLEY HOUSING AUTHORITY AND THE RELATED COMPANIES OF CALIFORNIA, LLC TO FUND ACQUISITON OF REAL PROPERTY LOCATED AT HARBOR BOULEVARD, FOUNTAIN VALLEY FOR THE PROPOSED DEVELOPMENT OF A 50-UNIT AFFORDABLE HOUSING PROJECT ACTION: Move to approve the ACQUISITION LOAN AGREEMENT FOR AFFORDABLE HOUSING SITE BETWEEN THE FOUNTAIN VALLEY HOUSING AUTHORITY AND THE RELATED COMPANIES OF CALIFORNIA, LLC TO FUND ACQUISITON OF REAL PROPERTY LOCATED AT HARBOR BOULEVARD, FOUNTAIN VALLEY FOR THE PROPOSED DEVELOPMENT OF A 50-UNIT AFFORDABLE HOUSING PROJECT MOTION: Brothers SECOND: Vo AYES: NOES: ABSENT: ABSTAIN: Constantine, Harper, Vo, Brothers, Nagel None None None COUNCIL MEMBER ITEMS FOR FUTURE CONSIDERATION None CITY COUNCIL/ SUCCESSOR AGENCY/ HOUSING AUTHORITY/ PUBLIC COMMENTS (Unscheduled Matters Only) APPOINTMENTS 22. City of Fountain Valley Committee and Commissions Appointments for the Planning Commission, Advisory Committee for the Disabled, Fountain Valley Community Foundation and the Measure HH Advisory Committee The City Council used a regular ballot and voted for who they felt should represent each 61

62 committee. There was no point system used for the purpose of appointing candidates. PLANNING COMMISSION APPOINTMENTS FOR 2019 Applicants: Herman Jack Ajamian Dave Osborn Azzam Saad Brian Holeman Glenn Grandis Michael White Tom Nguyen William Spear Evan Jorgensen By a 4-1 vote, the City Council voted to Appoint Azzam Saad. By a 3-2 vote, the City Council voted to appoint Dave Osborn. By a 3-2 vote, the City Council voted to appoint William Spear to fill the remainder of the vacated seat left by Patrick Harper. The seats appointed to Azzam Saad and Dave Osborn will last until January, The seat filled by Bill Spear will last until January, The City Council, by 3-2 vote, appoint Brian Holeman to the alternate position for a 1 year term. ADVISORY COMMITTEE FOR THE DISABLED 2019 By a 5-0 vote, the following applicants were appointed to the Committee for the Disabled for 2 years: Susanne Seiden Gary Osterbach Herman Jack Ajamian John Borack Ramon Galvez-Arango Theresa Coakley Lawrence Judson Anna Nagmay Tom Nguyen John Collins Leonard Santoro FOUNTAIN VALLEY COMMUNITY FOUNDATION 2019 Applicants: Jan Heistermann Glenn Grandis Jason Cooper Ross Larry Crandall Barbara Montz By a unanimous 5-0 vote, the City Council voted to appoint all 5 applicants whose terms will expire in January, MEASURE HH OVERSIGHT COMMITTEE The City Council voted by ballot for the following residents to be appointed to the Measure HH Oversight Committee: 62

63 Resident who voted Against Measure HH Evan jorgensen by a 5/0 vote in favor. This term will now expire in December Resident at Large Margie Drilling by a 5/0 vote. This term will now expire in December Committee Alternate Stephen Schwarz by a 5/0 vote in favor, this term will expire in December CITY COUNCIL/SUCCESSOR AGENCY/HOUSING AUTHORITY AB 1234/GENERAL COMMENTS Council Member Constantine January 3 January 7 January 8 January 9 January 11 January 12 January January 15 January January 16 January 17 January 18 Attended the Advisory Committee for the Disabled as part of my City Council appointment. Attended a meeting with the City Manager and Staff to learn about the Successor Agency and that evening attended the swearing in event of District Attorney Todd Spitzer Attended the meeting of the Huntington Valley Impact Republicans and was captivated by Sandra Crandall s presentation on a recent Supreme Court Case Janus vs. AFSCME. Attended a tour of the Republic Trash Company Facilities and attended the Planning Commission meeting that night Attended the Fountain Valley Chamber of Commerce Breakfast and heard the latest on the 405 Improvement Project. Attended the General Plan Meeting Attended the Interviews for the City Committees and Commissions Attended the Most Improved Student Breakfast at the Rotary Club. Attended the Grocery Outlet Grand Openings. Attended the Mile Square Park Expansion Attended the OC Library Advisory Board Meeting as part of my City Council appointment. Attended the State of the Schools Breakfast Council Member Harper January 8 January January 16 January 17 January 18 January 20 Attended the Orange County Supervisors swearing in Ceremony Attended the Interviews for the City Committees and Commissions Attended the Mile Square Park expansion meeting Attended the Grand Opening of Grocery Outlet Attended the State of the Schools Breakfast Attended the Historical Society Meeting Council Member Vo January 15 January 16 January 17 January 18 Attended the Interviews for the City Committees and Commissions Attended the PCTA Meeting Attended the Fountain Valley Community Foundation Meeting Attended the State of the Schools Breakfast Mayor Pro Tem Brothers January 8 Attended the Orange County Supervisors swearing in Ceremony 63

64 January 8 January 10 January 11 January 11 January 16 January 16 January 16 January 17 January 17 January 18 January 20 January 22 Attended the Summerfest meeting Attended the Chamber Government Affairs Committee Attended the Chamber Breakfast Attended the General Plan Advisory Committee bus tour Attended the PCTA Meeting Attended the OC Parks Expansion Community Meeting Attended the Grocery Outlet Preview Opening Attended the Orange County Vector Control Committee and Board Meeting Attended the Fountain Valley Volunteer Committee Meeting Attended the State of the Schools Breakfast Attended the Fountain Valley Historical Society General Meeting Attended the PCTA Subcommittee Meeting with the City of Huntington Beach Mayor Nagel December 19 December 19 December 20 January 8 January 10 January 11 January 14 January 15 January 15 January 16 January 16 January 17 January 18 January 18 Attended the OCSD Board Meeting Attended the General Plan Advisory Committee (GPAC) Meeting Attended the Community Foundation Christmas Party Attended the Orange County Supervisors swearing in Ceremony Attended the ACC-OC City Leadership reception at Angel s Stadium Attended the Chamber Legislative Breakfast Attended the Interviews for the City Committees and Commissions Attended the Rotary meeting for most improved student recognition awards Attended the Interviews for the City Committees and Commissions Attended the Grocery Outlet Preview Opening Attended the OC Parks Expansion Community Meeting at Freedom Hall Attended the Grocery Outlet Ribbon Cutting and Grand Opening Attended the State of the Schools Breakfast Attended the Boys and Girls Club of Huntington Valley Finance Meeting at Golden West College ADJOURN THE MEETING OF THE CITY COUNCIL/SUCCESSOR AGENCY/HOUSING AUTHORITY Mayor Nagel reconvened Closed Session at 8:57 p.m. Mayor Nagel adjourned the meeting at 9:32 pm to the next Regular Meeting of the Fountain Valley City Council on February 5, 2019 at 6:00 p.m., in the Fountain Valley Council Chambers, Slater Avenue, Fountain Valley. Attest: Steve A. Nagel, Mayor Rick Miller, City Clerk 64

65 CITY OF FOUNTAIN VALLEY CITY COUNCIL COUNCIL ACTION REQUEST To: Honorable Mayor and Agenda Date: February 5, 2019 Members of the City Council SUBJECT: Second Reading and Adoption of an Ordinance approving Code Amendment No An Amendment to the Fountain Valley Crossings Specific Plan, Table 2.7.1, Pertaining to Parking Regulations for Entertainment and Recreation Uses EXECUTIVE SUMMARY: At its meeting on January 22, 2019, the City Council introduced for a first reading an Ordinance approving Code Amendment No an amendment to the Fountain Valley Crossings Specific Plan, Table 2.7.1, pertaining to parking regulations for entertainment and recreation uses. The Ordinance was approved during the first reading without amendment. The Ordinance is now presented to the City Council for a second reading and adoption. ENVIRONMENTAL REVIEW: Pursuant to the provisions of CEQA, this project is categorically exempt. FINANCIAL ANALYSIS: There is no financial impact associated with approving the proposed code amendment. ATTORNEY REVIEW: The Attorney for the City has reviewed attached Ordinance. PUBLIC NOTIFICATION: The item was published in the Fountain Valley View and notices were posted at City Hall, the Recreation Center and the Fountain Valley Library for the public hearing on January 22, ALTERNATIVES: Alternative No. 1 Adopt the attached Ordinance of the City Council of the City of Fountain Valley approving Code Amendment No an amendment to the Fountain Valley Crossings Specific Plan, Table 2.7.1, pertaining to parking regulations for Entertainment and Recreation uses. 65

66 Council Action Request Second Reading Adoption of an Ordinance approving Code Amendment City Council Meeting February 5, 2019 Page 2 Alternative No. 2 Alternative No. 3 Do not adopt the attached Ordinance of the City Council of the City of Fountain Valley approving Code Amendment No an amendment to the Fountain Valley Crossings Specific Plan, Table 2.7.1, pertaining to parking regulations for Entertainment and Recreation uses. Continue the request for additional information. RECOMMENDATION: Staff recommends that the City Council select Alternative No. 1 Adopt the attached Ordinance of the City Council of the City of Fountain Valley approving Code Amendment No an amendment to the Fountain Valley Crossings Specific Plan, Table 2.7.1, pertaining to parking regulations for Entertainment and Recreation uses. Prepared By: Approved By: Fiscal Review by: Approved By: Steven Ayers, Planner Brian James, Planning and Building Director Jason Al-Imam, Finance Director/ Treasurer Rob Houston, City Manager Attachment 1: Attachment 2: January 22, 2019 Staff Report An Ordinance of the City Council of the City of Fountain Valley approving Code Amendment No amending the Fountain Valley Crossings Specific Plan, Table 2.7.1, pertaining to parking regulations for Entertainment and Recreation uses. Attachment 3: Copy of existing Fountain Valley Crossings Specific Plan Section 2.7 Parking Regulations 66

67 CITY OF FOUNTAIN VALLEY CITY COUNCIL COUNCIL ACTION REQUEST To: Honorable Mayor and Agenda Date: January 22, 2019 Members of the City Council SUBJECT: Public Hearing: Code Amendment No An Amendment to the Fountain Valley Crossings Specific Plan, Table 2.7.1, Pertaining to Parking Regulations for Entertainment and Recreation Uses EXECUTIVE SUMMARY: On January 23, 2018, the Fountain Valley City Council adopted the Fountain Valley Crossings Specific Plan (FVCSP). The FVCSP contains the development regulations for the Crossing Specific Plan area generally located south of Talbert Avenue, north of Ellis Avenue, east of Ward Street, and west of the Santa Ana River. Typically, commercial centers wherein tenants share parking are afforded a reduced parking requirement. This ensures that commercial centers are not over-parked and acknowledges the fact that most parking spaces are only needed part of the time by a particular business because of varying hours of operation and customer demand. Table of the FVCSP contains the parking standards for new development, including standards for shared parking. In this table, the number of required parking spaces for uses with shared parking arrangements is reduced for all uses with the exception of Entertainment and Recreation uses. As a stand-alone use, Table requires that Entertainment and Recreation uses provide a minimum of 4 parking spaces per 1,000 sf of building area with a maximum of 10 parking spaces per 1,000 sf of building area. However, the minimum number of parking spaces increases to 5 spaces per 1,000 sf of building area when the parking for Entertainment and Recreation uses is shared. Code Amendment No proposes to reduce the number of required parking spaces for Entertainment and Recreation uses when shared with other uses to a minimum of 3 spaces per 1,000 sf of building area. This reduction is consistent with other uses outlined in Table with shared parking arrangements. No other changes to the FVCSP are proposed. On January 9, 2019, the Planning Commission approved Resolution No by a vote of 3-0 recommending the City Council approve Code Amendment No regarding an amendment to the Fountain Valley Crossings Specific Plan, Table 2.7.1, pertaining to parking regulations for Entertainment and Recreation uses. Staff recommends the Council approve the attached Ordinance amending the Fountain Valley Crossings Specific Plan, Table pertaining to paring regulations for Entertainment and Recreation uses. 67

68 Council Action Request Code Amendment City Council Meeting January 22, 2019 Page 2 DISCUSSION: On January 23, 2018, the Fountain Valley City Council adopted the Fountain Valley Crossings Specific Plan (FVCSP). The FVCSP contains the development regulations for the Crossings Specific Plan area, consisting of the approximate 162-acres of light industrial/commercial uses in the southeastern portion of the City located south of Talbert Avenue, north of Ellis Avenue, east of Ward Street and west of the Santa Ana River. The FVCSP provide a design framework in which a community activity center district could be created through private investment. The purpose of the Fountain Valley Crossings Specific Plan (FVCSP) is to create a policy and zoning framework that will allow for additional land-use flexibility within the FVCSP area. Another purpose of the FVCSP is to foster the creation of a Fountain Valley scale main street experience for residents. This main street environment would provide a gathering place for families and all residents where they can shop and dine. The FVCSP is intended to guide future development through new policies and development standards that enhance economic development with revenue-generating employment centers supported by compatible residential and commercial growth, while ensuring protection of the community s quality of life and provision of community benefits. The FVCSP contains the development regulations for the FVCSP area. Chapter 2.7 of the FVCSP contains the standards and guidelines to ensure parking throughout the Specific Plan Area is convenient, accessible, accommodates all land uses, and reinforces the desired character of each District. Table of the FVCSP contains Provisions for Parking including listing types of uses and the minimum and maximum number of parking spaces required for new development, including the number of parking spaces required for uses with shared parking arrangements. The number of required parking spaces for uses allowing shared parking arrangements is reduced for all other uses with the exception of Entertainment and Recreation uses. The plan allows for the Planning Director or his designee to request a transportation demand management plan or other adequate survey data on a case-by-case basis to support the request for reduced shared parking arrangements. The FVCSP defines shared parking as the use of parking space to serve two or more individual land uses without conflict. In addition to or in lieu of dedicated parking facilities and where permitted, developments may satisfy all or part of the minimum parking requirement with on-site or off-site shared parking. It also states that Minimum parking requirements may be reduced where parking is shared as indicated in Figure 2.7.1B Shared Parking. This reduction in parking is consistent with other uses with permitted shared parking arrangements except for Entertainment & Recreation uses. As shown in Table 2.7.1, a stand-alone Entertainment and Recreation use requires a minimum of 4 parking spaces per 1000 sf of building area, with a maximum of 10 parking spaces per 1000 sf of building area. However, the minimum number of parking spaces increases to 5 spaces per 1000 sf of building area when the parking is shared. 68

69 Council Action Request Code Amendment City Council Meeting January 22, 2019 Page 3 Table from the FVCSP Code Amendment No proposed to reduce the number of required parking spaces for Entertainment and Recreation uses when shared with other uses to a minimum of 3 spaces per 1000 sf of building area. This reduction is consistent with other uses outlined in Table with shared parking arrangements. No other changes to the FVCSP are proposed. 69

70 Council Action Request Code Amendment City Council Meeting January 22, 2019 Page 4 Proposed Changes to Table of the FVCSP 2.7 Parking Regulations Standards Peak Parking Period Minimum Parking When Shared Provisions of Parking 4. Entertainment & Recreation Spaces per 1000 sf. Planning Commission 4 min/10 max Evening, Late Night, Weekend 5 min 3 min The Planning Commission considered the information provided in the staff report, as well as the information presented at the Planning Commission meeting of January 9, 2019, and recommend by a vote of 3-0 that the City Council approve Code Amendment No ENVIRONMENTAL REVIEW: Pursuant to the provisions of CEQA, this project is categorically exempt. FINANCIAL ANALYSIS: There is no financial impact associated with approving the proposed code amendment. ATTORNEY REVIEW: The Attorney for the City has reviewed attached Ordinance. PUBLIC NOTIFICATION: The item was published in the Fountain Valley View and notices were posted at City Hall, the Recreation Center and the Fountain Valley Library. ALTERNATIVES: Alternative No. 1 Alternative No. 2 Alternative No. 3 Approve Code Amendment No amending the Fountain Valley Crossings Specific Plan, Table 2.7.1, pertaining to parking regulations for Entertainment and Recreation uses. Deny Code Amendment No amending the Fountain Valley Crossings Specific Plan, Table 2.7.1, pertaining to parking regulations for Entertainment and Recreation uses. Continue the request for additional information. RECOMMENDATION: Staff recommends that the City Council select Alternative No. 1 Approve Code Amendment No amending the Fountain Valley Crossings Specific Plan, Table 2.7.1, pertaining to parking regulations for Entertainment and Recreation uses. 70

71 Council Action Request Code Amendment City Council Meeting January 22, 2019 Page 5 Prepared By: Approved By: Fiscal Review by: Approved By: Steven Ayers, Planner Brian James, Planning and Building Director Jason Al-Imam, Finance Director/ Treasurer Rob Houston, City Manager Attachment 1: An Ordinance of the City Council of the City of Fountain Valley approving Code Amendment No amending the Fountain Valley Crossings Specific Plan, Table 2.7.1, pertaining to parking regulations for Entertainment and Recreation uses. Attachment 2: Copy of existing Fountain Valley Crossings Specific Plan Section 2.7 Parking Regulations 71

72 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FOUNTAIN VALLEY APPROVING CODE AMENDMENT NO AN AMENDMENT TO THE FOUNTAIN VALLEY CROSSINGS SPECIFIC PLAN TABLE PERTAINING TO PARKING REGULATIONS FOR ENTERTAINMENT AND RECREATION USES WHEREAS, the Fountain Valley City Council adopted the Fountain Valley Crossing Specific Plan on January 23, 2018; and WHEREAS, Chapter 2.7 of the Specific Plan contains the Parking Regulations for the Crossing Specific Plan; and WHEREAS, Table of the Crossings Specific Plan contains the provisions for parking including the type of use and the minimum and maximum number of parking spaces required for new development, including the number of parking spaces required for uses with shared parking arrangements; and WHEREAS, the number of parking spaces required for uses with shared parking arrangements is reduced from the number of parking spaces required for a stand-alone use for all types of uses with the exception of Entertainment and Recreation uses; and WHEREAS, it is the City s intent to allow for a reduction in the number required parking spaces for Entertainment and Recreation uses when the parking is shared with other adjacent uses, consistent with all other uses outlined in the Crossings Specific Plan; and WHEREAS, Code Amendment No proposes to adopt a change to Table of the Crossings Specific Plan to allow for a reduction in the number parking spaces required for shared parking arrangements for Entertainment and Recreation uses; no other changes to the Crossings Specific Plan are proposed; and WHEREAS, the following City Council action was reviewed for content by the Attorneys for the City; and WHEREAS, the Fountain Valley Planning Commission considered the proposed Code Amendment at a duly noticed public hearing on January 9, By a vote of 3-0, the Planning Commission approved Resolution No recommending the City Council approve Code Amendment No regarding an amendment to the Fountain Valley Crossings Specific Plan Table pertaining to parking regulations for Entertainment and Recreation uses; and WHEREAS, the proposed Code Amendment has been publicly noticed in accordance with State Law and the Fountain Valley Municipal Code. 72

73 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FOUNTAIN VALLEY DOES ORDAIN AS FOLLOWS: SECTION 1 The City Council hereby determines that Code Amendment No 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). SECTION 2 The City Council finds that notice of the public hearing conducted on January 22, 2019 in the City Council Chambers, Slater Avenue, Fountain Valley, was duly given as required by the Fountain Valley Municipal Code, Title 21, and the State of California. SECTION 3 The City Council finds as follows: 1. The proposed development is generally consistent with the actions, goals, objectives and policies of the general plan. The proposed changes to the specific plan are generally consistent with the actions, goals, objectives and policies of the general plan. The proposed change would reduce the shared parking requirement for Entertainment and Recreation uses consistent with adopted standards for shared parking in the Crossings Specific Plan Table 2.7.1, which are 5 spaces/1,000 sf to 3 spaces/1,000 sf. This amendment would make the shared parking requirement for Entertainment and Recreation uses consistent with other shared parking requirements. This amendment will help guide future development to enhance economic development with revenue-generating employment centers supported by compatible residential and commercial growth, while ensuring protection of the community s quality of life and provisions of community benefits. Moreover, Table of the Revised Final Environmental Impact Report dated January 2018, and adopted by the City Council on January 23, 2018, contains a detailed analysis as to consistency with the General Plan goals and policies that are applicable to the proposed General Plan Amendment and the land use changes of the Fountain Valley Crossings Specific Plan. As evidenced in this detailed analysis, the Fountain Valley Crossings Specific Plan is consistent with the goals and policies of the General Plan. 2. The design, location, shape, size, operating characteristics and the provision of public and emergency vehicle access and public services and utilities (e.g., drainage, fire protection, sewers, water, etc.), would ensure that the proposed development would not endanger, jeopardize or otherwise constitute a hazard to 73

74 the public convenience, health, interest, safety or welfare, or injurious to the property or improvements in the vicinity and zoning district in which the property is located. The reduction of the shared parking requirement from 5 spaces/1,000 sf to 3 spaces/1,000 sf would not be detrimental to the public convenience, health, interest, safety or welfare of the city. The design, location, shape, size, operating characteristics and the provision of public and emergency vehicle access and public services and utilities (e.g., drainage, dire protection, sewers, water, etc.) would ensure that the proposed project would not endanger, jeopardize or otherwise constitute a hazard to the public convenience, health, interest, safety or welfare, or injurious to the property or improvements in the vicinity and zoning district in which the property is located. This proposed amendment would help enhance the City s economic base and business environment and would assist in the preservation, improvement, and intensification of commercial development within the Crossings Specific Plan. 3. The proposed development would ensure quality development by encouraging greater flexibility with more creative and aesthetically pleasing designs for major urban developments. The reduction in the shared parking requirement for Entertainment and Recreation uses in the Crossings Specific Plan will help provide for greater flexibility in shared parking situations to allow for development of the Crossings Specific Plan area. This proposed amendment would help enhance the City s economic base and business environment and would assist in the preservation, improvement, and intensification of commercial development within the Crossings Specific Plan. 4. The proposed development would ensure the timely provision of essential public services and facilities consistent with the demand for the services and facilities. The reduction in the shared parking requirement for Entertainment and Recreation uses in the Crossings Specific Plan will help provide for greater flexibility in shared parking situations to allow for development of the Crossings Specific Plan area. The Crossings Specific Plan would ensure the timely provision of essential public services and facilities consistent with the demand for the services and facilities. The Final EIR prepared for the project analyzed the adequacy of access, public services, and facilities that will support the project. 5. The proposed development would promote a harmonious variety of housing choices and commercial and industrial activities; attain a desirable balance of residential and employment opportunities and result in a high level of urban amenities and the preservation of the natural and scenic qualities of open space. 74

75 The reduction in the shared parking requirement for Entertainment and Recreation uses in the Crossings Specific Plan will help provide for greater flexibility in shared parking situations to allow for development of the Crossings Specific Plan area. The Crossings Specific Plan would promote a harmonious variety of housing choices and commercial and industrial activities, attain a desirable balance of residential and employment opportunities, and result in a high level of urban amenities and the preservation of the natural and scenic qualities of open space. 6. The subject property is physically suitable for the proposed land use designation(s). The proposed amendment to the Fountain Valley Crossings Specific Plan would not affect the land use designation of the Fountain Valley Crossings Specific Plan. The amendment will only modify the shared parking requirement for Entertainment and Recreation uses from 5 spaces/1,000 sf to 3 spaces/1,000 sf. in the Fountain Valley Crossings Specific Plan. 7. The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA) and the city s environmental review procedures and there would be no potential significant negative effects upon environmental quality and natural resources that would not be properly mitigated and monitored, unless a statement of overriding considerations is adopted by the council. SECTION 4 On January 23, 2018, the City Council adopted Resolution No approving the Final Environmental Impact Report for the Fountain Valley Crossings Specific Plan. The reduction of the shared parking requirement from 5 spaces/1,000 sf to 3 spaces/1,000 sf for Entertainment and Recreation uses is categorically exempt from the provisions of CEQA and does not alter the original findings of Resolution No Table Parking Regulations for the Fountain Valley Crossings Specific Plan is hereby amended to read as follows: 2.7 Parking Regulations Standards Peak Parking Periods Provisions of Parking 4. Entertainment and Recreation Spaces per 1000 sf. 4 min/5 max Evening, late night weekends Minimum Parking When Shared 3 min 75

76 SECTION 5 If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the ordinance. The City Council declares that it would have passed this ordinance and each and every section, subsection, sentence, clause or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would subsequently be declared invalid or unconstitutional. SECTION 6 The City Clerk shall certify to the adoption of this ordinance and cause it to be published as required by law. This ordinance shall become effective thirty (30) days after the date of its adoption. PASSED, APPROVED AND ADOPTED THIS 5 th DAY OF FEBRUARY, ATTEST: City Clerk Mayor APPROVED AS TO FORM HARPER & BURNS LLP Attorneys for the City 76

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78 CITY OF FOUNTAIN VALLEY CITY COUNCIL COUNCIL ACTION REQUEST To: Honorable Mayor and Agenda Date: February 5, 2019 Members of the City Council SUBJECT: Report from the Measure HH Essential City Services Advisory Oversight Committee on 2017/18 Audited Measure HH Revenues and Expenditures EXECUTIVE SUMMARY: On November 8, 2016 the residents of the City of Fountain Valley approved Measure HH a one-cent transactions and use (i.e. sales ) tax. Pursuant to the ballot measure, a citizen advisory committee was formed to review the expenditure of Measure HH revenues in relation to the City s Responsible Spending Pledge. DISCUSSION: The Measure HH Essential City Services Oversight Advisory Committee met four times in 2018 to review the usage of estimated Measure HH Revenues and Expenditures for The Committee also reviewed the 20-Year Financial Plan, which sets forth fiscal policy with a long-term goal for fiscal sustainability. On January 24, 2019, the City s Auditor, Robert Callanan of White Nelson Diehl Evans LLP (an independent auditing firm), discussed their audit of Measure HH Revenues and Expenditures for the fiscal year ended June 30, The auditor s report reflected twelve-months of revenue in Fiscal Year 2017/18 in the amount of approximately $11.8 million. Measure HH expenditures included the utilization of funds to maintain existing services for public safety and senior and youth programs in an amount totaling $2,207,564. In addition, Measure HH expenditures included one-time expenditures of $441,560 for capital improvements and $2.2 million that was used to make additional payments to CalPERS towards unfunded pension liabilities. The balance of Measure HH Funds, at approximately $6.9 million, was set aside for reserves. Oversight Committee Chair Matt Taylor will discuss the results of the Oversight Committee s report (Attachment 1) with the City Council at the meeting on February 5,

79 Report on 2017/18 Measure HH Revenues and Expenditures February 5, 2019 Page 2 ALTERNATIVES: Alternative No.1: Receive and File the Report from the Measure HH Essential City Services Advisory Oversight Committee on 2017/18 Audited Measure HH Revenues and Expenditures. Alternative No. 2: Do not approve Alternative No. 1. RECOMMENDATION: Staff recommends Alternative No. 1. Prepared by: Jason Al-Imam, Director of Finance/Treasurer Approved by: Rob Houston, City Manager Attachment 1: Report from the Measure HH Essential City Services Advisory Oversight Committee on 2017/18 Audited Measure HH Revenues and Expenditures 79

80 CITY OF FOUNTAIN VALLEY SLATER AVE FOUNTAIN VALLEY, CA (714) , FAX (714) January 24, 2019 TO THE HONORABLE CITY COUNCIL: The Measure HH Essential City Services Oversight Advisory Committee is pleased to have the opportunity to present to you its comments and conclusions concerning the usage of Measure HH revenues for the fiscal year ended June 30, The Committee was established by the City Council on April 4, 2017 after passage of Measure HH on the November 8, 2016 ballot. One of the provisions of Measure HH was the creation of an Oversight Committee to review and make recommendations to the City Council to ensure that revenues from it are utilized in accordance with the City s Responsible Spending Pledge. The Committee met four times in 2018 to review the usage of estimated Measure HH Revenues and Expenditures for The Committee also reviewed the 20-Year Financial Plan, which sets forth fiscal policy with a long-term goal for fiscal sustainability. On January 24, 2019, the City s Auditor, Robert Callanan of White Nelson Diehl Evans LLP (an independent auditing firm), discussed their audit of Measure HH Revenues and Expenditures for the fiscal year ended June 30, The auditor s report reflected twelve-months of revenue in Fiscal Year 2017/18 in the amount of approximately $11.8 million. Measure HH expenditures included the utilization of funds to maintain existing services for public safety and senior and youth programs in an amount totaling $2,207,564. In addition, Measure HH expenditures included one-time expenditures of $441,560 for capital improvements and $2.2 million that was used to make additional payments to CalPERS towards unfunded pension liabilities. The balance of Measure HH Funds, at approximately $6.9 million, was set aside for reserves. CONCLUSIONS: The Measure HH Oversight Committee s conclusion to the City Council is that (based on information presented to the Committee by City Staff) the audited revenue and expenses for are consistent with the intent of the Measure HH ballot measure and the Responsible Spending Pledge. We also encourage the City Council to consider opportunities to communicate programs and projects preserved by Measure HH. We are thankful for the opportunity to serve and we look forward to continuing to serve the City Council and the residents of this great city. Respectfully submitted, Matt Taylor, Chair April 2017 Present CITY OF FOUNTAIN VALLEY MEASURE HH ADVISORY OVERSIGHT COMMITTEE Michele Jensen, Vice Chair John W. Briscoe April 2017 Present Jeffrey Stone April 2017 December 2018 Attachments: 1. Measure HH Audit Report for Measure HH Report Card for April 2017 Present Evan Jorgensen January 2019 Present 80 Marjorie Drilling April 2017 Present Stephen Schwarz, Alternate February 2018 Present

81 CITY OF FOUNTAIN VALLEY, CALIFORNIA SCHEDULE OF MEASURE HH REVENUES AND EXPENDITURES WITH INDEPENDENT ACCOUNTANTS REPORT ON EXAMINATION REPORT ON MANAGEMENT S ASSERTIONS ABOUT THE CITY S COMPLIANCE WITH MEASURE HH FOR THE YEAR ENDED JUNE 30,

82 INDEPENDENT ACCOUNTANTS REPORT ON EXAMINATION REPORT ON MANAGEMENT S ASSERTIONS ABOUT THE CITY S COMPLIANCE WITH MEASURE HH To the Honorable Mayor and Members of City Council of the City of Fountain Valley Fountain Valley, California We have examined management of the City of Fountain Valley, California s, (City) assertion that the City complied with Measure HH included in the accompanying Schedule of Measure HH Revenues and Expenditures (Schedule) during the fiscal year ended June 30, The City s management is responsible for its assertion. Our responsibility is to express an opinion on management s assertion about the City s compliance with the specified requirements based on our examination. Our examination was conducted in accordance with attestation standards established by the American Institute of Certified Public Accountants. Those standards require that we plan and perform the examination to obtain reasonable assurance about whether management s assertion about compliance with the specified requirements is fairly stated, in all material respects. An examination involves performing procedures to obtain evidence about whether management s assertion is fairly stated, in all material respects. The nature, timing, and extent of the procedures selected depend on our judgment, including an assessment of the risks of material misstatement of management s assertion, whether due to fraud or error. We believe that the evidence we obtained is sufficient and appropriate to provide a reasonable basis for our opinion. Our examination does not provide a legal determination on the City s compliance with the specified requirements. In our opinion, management s assertion that the City complied with Measure HH reporting requirements included in the accompanying Schedule is fairly stated, in all material respects. This report is intended solely for the information and use of the City Council and management of the City of Fountain Valley, California and is not suitable for any other purpose. Irvine, California January 8, Michelle Drive, Suite 300, Irvine, CA Tel: Fax: Offices located in Orange 82 and San Diego Counties

83 CITY OF FOUNTAIN VALLEY SCHEDULE OF MEASURE HH REVENUES AND EXPENDITURES Fiscal Year Ended June 30, 2018 Measure HH Revenues $ 11,764,066 Measure HH Expenditures: Reoccurring Expenses Incurred on Essential City Services 2,207,564 One-Time Expenses (Capital Projects & Pension Paydown) 2,641,560 Financial Stewardship: Reserves Set-Aside in $ 6,914,942 Financial Stewardship: Reserves Set-Aside in ,747,320 Financial Stewardship: Reserves as of June 30, 2018 $ 8,662,262 Measure HH provided necessary funding in Fiscal Year 2017/18 that was used for the following in accordance with the Responsible Spending Pledge: Reoccurring Expenses Incurred on Essential City Services: Public Safety Maintain 911 Emergency Response Times & Keep Fire Station No. 2 open. $ 885,789 Without Measure HH, staff would have faced the challenge of closing Fire Station No.2, which would have been a gradual process spanning multiple years. The total cost attributable to 14-full-time equivalents (FTEs) within various classifications assigned to Fire Station No. 2 is $1,757,772. Measure HH provided funding to keep Fire Station No. 2 open and maintain 911 emergency response times. Police and Fire Pension Costs that are Legally Required to be Paid to CalPERS 911,331 Police and Fire Training Programs 43,054 Total Public Safety 1,840,174 Senior & Youth Programs Amount associated with the cost to keep the Recreation Center, Community Center & Senior Center open. 367,390 Total Reoccurring Expenses $ 2,207,564 One-Time Expenses: Capital Improvements Includes $350,000 for residential road rehab and $91,560 for park improvements. $ 441,560 Additional Payment to CalPERS towards unfunded pension liabilities 2,200,000 Total One-Time Expenses $ 2,641,560 Reserves Set-Aside in 17-18: OPEB Reserves - Transfer to Other Post-Employment Benefits (OPEB) Trust Fund. $ 1,700,000 Pension Reserves - Initial contribution to Pension Trust Fund. 2,800,000 Capital Reserves - Includes $98,841 increase in General Fund Capital Reserves and $360,000 transfer to Fleet Management Internal Service Fund for Fire Apparatus 458,841 Emergency Reserves 1,956,101 Total Reserves Set-Aside in $ 6,914,942 See accompanying notes to Schedule of Measure HH Revenues and Expenditures. 2 83

84 CITY OF FOUNTAIN VALLEY NOTES TO SCHEDULE OF MEASURE HH REVENUES AND EXPENDITURES For the year ended June 30, BASIS OF ACCOUNTING AND MEASUREMENT FOCUS: The Measure HH Revenues and Expenditures Schedule (Schedule) is presented using the modified-accrual basis of accounting. Under the modified-accrual basis of accounting, revenues are recognized when they become both measurable and available. Revenues are considered to be available when they are collected within the current period or soon enough thereafter to pay liabilities of the current period. For this purpose, the City considers revenues to be available if they are collected within 60 days of the end of the current fiscal year. Expenditures generally are recorded when a liability is incurred, as under accrual accounting. 2. REVENUES AND EXPENDITURES: Measure HH revenues consist of the one-cent transactions and use (i.e. sales ) tax approved by the voters of Fountain Valley on November 8, Measure HH became effective April 1, 2017, which provided twelve months of revenue in Fiscal Year 2017/18 in the amount of approximately $11.8 million. Measure HH is a general-purpose tax, which means the revenues received from the tax go into the City s General Fund to maintain or enhance any lawful City program, improvement or service such as police and fire services, senior and youth programs, etc. Without Measure HH, the General Fund s operating deficit for Fiscal Year 2017/18 would have been $2,207,564. Measure HH expenditures include the utilization of funds to maintain existing services for public safety and senior and youth programs in an amount totaling $2,207,564. In addition, Measure HH expenditures include one-time expenditures of $441,560 for capital improvements and $2,200,000 for funding of the pension liabilities. The remaining balance of Measure HH funds represent amounts set-aside in reserves. Two reserves set-aside in Fiscal Year 2017/18 were placed in trust with a third party and include the following: (1) the OPEB reserve amount of $1,700,000 was placed in a trust with CalPERS and (2) the pension reserve amount of $2,800,000 was placed in a trust with PARS. The remaining reserves set-aside in Fiscal Year 2017/18, including the capital reserves of $458,841 and the emergency reserves of $1,956,101 represent the unexpended amount that was deposited into the City s Budget Stabilization Reserves. The General Fund reserves set-aside in Fiscal Year 2016/17 of $1,747,320 remain unexpended and, when added to the reserves set-aside in Fiscal Year 2017/18 result in a total reserve balance of $8,662,262 as of June 30,

85 Measure HH Funding by Function MEASURE HH REPORT CARD For the Fiscal Year Ended June 30, 2018 This Report Card is provided by the Measure HH Oversight Committee based on the audit of Measure HH Revenues and Expenditures for the Fiscal Year ended June 30, 2018, which reflects that the use of Measure HH Revenues is consistent with the Responsible Spending Pledge. Measure HH Funding Operating vs. Non-Operating 3% 4% 15% 19% 59% 59% 19% 22% Reserves Senior & Youth Programs Debt Paydown Public Safety Capital Improvements Reoccuring Expenses One-Time Expenses Reserves In accordance with the Responsible Spending Pledge, Measure HH was used to fund essential city services (including Police, Fire, Senior & Youth Programs), capital improvements and to build and maintain reserves. In addition, $2.2 million was used to make additional payments to CalPERS to paydown pension debt, which will save the City $3.9 million in interest expense. 20-Year Financial Plan The City s fiscal policy is guided by a 20-Year Financial Plan. The long-term goal is to achieve fiscal sustainability with a balanced operating budget when Measure HH sunsets in The twenty year forecast shows that in 2037/38 the annual operating deficit is forecasted to be $2.3 million when Measure HH sunsets, which can be eliminated with active management via new revenue sources from economic development. The City is also exploring opportunities for cost savings. For example, in 2018 the City Council approved a change in the City's liability insurance program that will yeild $612,000 of annual savings. 85

86 CITY OF FOUNTAIN VALLEY CITY COUNCIL COUNCIL ACTION REQUEST To: Honorable Mayor and Agenda Date: February 5, 2019 Members of the City Council SUBJECT: Approve the Acceptance of a Fixed Automated License Plate Reader by the Fountain Valley Police Department from the Anaheim Police Department EXECUTIVE SUMMARY: In 2011, the Anaheim Police Department, leveraging Federal Grant money from the Urban Area Security Initiative (UASI) purchased Automated License Plate Readers (ALPR) systems to be installed in Police cars throughout Orange County. The Police Department was issued (2) ALPR systems consisting of four cameras each that were mounted on two of the patrol units. After the deployment of these systems, UASI saw a need for camera systems that could be installed at fixed locations. The Anaheim Police Department has agreed to provide the Fountain Valley Police Department a fixed ALPR camera system. This ALPR camera system consists of two cameras along with a small box that includes the data processor and a Verizon air card for internet access. DISCUSSION The Automated License Plate Reader technology has been developed over the last decade and utilizes infrared technology. They have proven to be valuable law enforcement tools in the protection of critical infrastructure, crime prevention, incident analysis and locating vehicles connected to criminal acts. The ALPR camera systems scan vehicle license plates in the immediate vicinity of the system. Once the license plate is scanned by the ALPR unit, the information is compared against known stolen vehicles, vehicles used in the commission of a crime or AMBER alerts. The information gathered by the ALPR unit is stored on the vendor s database for two years. After two years, the data is erased. These cameras are not designed to gather personal information related to the license plate that is captured by the system. The practice of scanning and processing publically visible license plates has been upheld by the courts. The ALPR unit will be governed by Police Department policy, which will limit its usage to legitimate law enforcement practices only. This policy will create a series of accountability 86

87 Council Action Request Fixed Automated License Plate Reader February 5, 2019 Page 2 and safeguard protocols to ensure the system is used only for legitimate purposes, including an ongoing audit process to ensure compliance. The system will provide hit notifications in real time of these vehicles passing through the camera system. The ability to link the fixed ALPR camera system to a LEARN dispatch dashboard will be available, which will allow our dispatchers to be alerted of the hit notification. This allows Officers to be dispatched to the area where the vehicle is scanned in an attempt to locate it. The recommended installation point for the fixed ALPR camera system is on a streetlight located on the northeast corner of Brookhurst and La Hacienda. The unit will be affixed to the light boom above the traffic signals. Deputy City Engineer Temo Galvez was contacted regarding the installation of the unit. He reviewed the equipment and its specifications. Galvez approved the installation of the unit at this proposed location and requested a City signal maintenance worker be present during the installation to ensure the equipment is installed to the City s standards. FINANCIAL ANALYSIS The Anaheim Police Department, acting as the Operational Area Authority, purchased the ALPR camera system using Federal Urban Area Security Initiative Grant funds. Therefore, the cost of the system, including installation and maintenance, is entirely covered by them. The unit will be installed and maintained by the Anaheim Police Department. ATTORNEY REVIEW: The Attorney for the City has reviewed this report and concurs. PUBLIC NOTIFICATION: Public notification was made through the regular agenda process. ALTERNATIVES: Alternative No. 1: Approve the Acceptance of a Fixed Automated License Plate Reader by the Fountain Valley Police Department from the Anaheim Police Department Alternative No. 2: Do Not Approve the Acceptance of a Fixed Automated License Plate Reader by the Fountain Valley Police Department from the Anaheim Police Department. 87

88 Council Action Request Fixed Automated License Plate Reader February 5, 2019 Page 3 RECOMMENDATION: Staff recommends Alternative No. 1: Approve the Acceptance of a Fixed Automated License Plate Reader by the Fountain Valley Police Department from the Anaheim Police Department. Prepared By: Approved By: Reviewed By: Reviewed By: Reviewed By: Fiscal Review By: Approved By: Robert C. Cortes, Sergeant Kevin L. Childe, Chief of Police Temo Galvez, Deputy City Engineer Lee Pratt, Information Systems Manager Colin Burns, Attorney for the City Jason Al-Imam, Finance Director Robert Houston, City Manager This is a one-time action item. Attachment 88

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