SUCCESSOR AGENCY TO THE FOUNTAIN VALLEY AGENCY FOR COMMUNITY DEVELOPMENT/ FOUNTAIN VALLEY HOUSING AUTHORITY

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1 Table of Contents Agenda 2 ACC-OC and League of California Cities Membership Update ACC-OC and League Membership Update 6 Introduction of an Ordinance Amending Fountain Valley Municipal Code Section Staff Report 10 Ordinance 12 Approval of a Resolution of the City Council of the City of Fountain Valley Requesting Funding for the Planning Phase of the Measure M2 Project V Community-Based Transit/Circulators Grant Program Staff Report 15 Project V Resolution 18 Receive and file the minutes of the January 19, 2016 Council/Successor Agency to the Fountain Valley Agency for Community Development/Fountain Valley Housing Authority meeting. Minutes of Council Mtg 19 1

2 AGENDA CITY COUNCIL/ SUCCESSOR AGENCY TO THE FOUNTAIN VALLEY AGENCY FOR COMMUNITY DEVELOPMENT/ FOUNTAIN VALLEY HOUSING AUTHORITY 5:15 Study Session/Closed Session Regular Meeting 6:00 p.m. Tuesday, February 02, 2016 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 the City Council 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 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. 2

3 STUDY SESSION CALL TO ORDER PUBLIC COMMENTS 5:15 p.m. (Study Session matters only) Persons wishing to speak on a Study Session matter are requested to identify themselves by completing a blue speaker card indicating the item they want to address and to give the card to the City Clerk prior to the public comment period. The City Clerk will call upon those that wish to speak. 1. (Council) ACC-OC and League of California Cities Membership Update ACC-OC and League Membership Update CLOSED SESSION CALL TO ORDER PUBLIC COMMENTS Immediately following Study Session (Closed Session matters only) Persons wishing to speak on a Closed Session matter are requested to identify themselves by completing a blue speaker card indicating the item they want to address and to give the card to the City Clerk prior to the public comment period. 2. (Council) THREAT TO PUBLIC SERVICES OR FACILITIES Consultation with the Chief of Police 3. (Council) CONFERENCE WITH LEGAL COUNSEL -- ANTICIPATED LITIGATION Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section : (1 potential case) OPEN SESSION CALL TO ORDER INVOCATION SALUTE TO THE FLAG 6:00 p.m. Pastor Brent Wagner Council Member McCurdy CITY COUNCIL/SUCCESSOR AGENCY/HOUSING AUTHORITY/ ROLL CALL Council Members: McCurdy, Nagel, Vo, Mayor Pro Tem/Vice Chair Collins, Mayor/Chair Brothers ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS 3

4 PRESENTATIONS Police Department Presentation by Police Chief, Dan Llorens on the New Recruitment Outreach Update and Presentation by Steve Hauerwaas, Environmental Services manager on the January 30th Neighborhood Cleanup Event Update on 2016 Tet Festival by Rob Frizzelle, Community Services Manager 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 have up to 3 minutes to speak. The City Clerk will call upon those that wish to speak. READING ORDINANCES 4. Waive the reading in full of all ordinances under consideration and direct the Mayor to read by titles only. ORDINANCES 5. (Council) (First Reading) Introduction of an Ordinance Amending Fountain Valley Municipal Code Section (Report by Colin Burns, Attorney for the City ) Page # 10 Staff Report Ordinance CONSENT CALENDAR Consent Calendar Items 6 and 7 will be approved simultaneously with one motion, unless separate action/or discussion is requested. 6. (Council) Approval of a Resolution of the City Council of the City of Fountain Valley Requesting Funding for the Planning Phase of the Measure M2 Project V Community-Based Transit/Circulators Grant Program Page # 15 Staff Report Project V Resolution 7. (Council/Successor Agency) Receive and file the minutes of the January 19, 2016 Council/Successor Agency to the Fountain Valley Agency for Community Development/Fountain Valley Housing Authority meeting. Page # 19 Minutes of Council Mtg COUNCIL MEMBER ITEMS FOR FUTURE CONSIDERATION 4

5 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 16, 2016 at 6:00 p.m., in the Fountain Valley Council Chambers, Slater Avenue, Fountain Valley. 5

6 City of Fountain Valley Memorandum TO: FROM: Honorable Mayor and City Council Bob Hall, City Manager DATE: February 2, 2016 SUBJECT: ACC-OC and League of California Cities Membership Update EXECUTIVE SUMMARY: In December 2015, City Council directed City staff to provide an update on the activities and benefits as a member of the Association of California Cities-Orange County (ACC- OC) and the League of California Cities (League). The City has been a member of the League as far back as 2006 and participates in ACC-OC meetings as a member last year. The annual membership dues for calendar year 2016 for ACC-OC are $13,135 and $16,776 for the League. The membership dues amount is based on the city s population size. The League membership dues were budgeted in FY DISCUSSION: Association of California Cities Orange County The mission of the ACC-OC is to protect and restore local control to the government taxpayers trust most cities and ACC-OC focuses on three key service initiatives: serve as the hub for good public policy, educational and staffing resource for city leaders, and the catalyst for regional collaboration. Benefits of ACC-OC membership: Work with city and local leaders on Public Policy from the ground up to meet the unique needs of each community through Local Government Innovation Taskforce, Economic Development and Job Creation Committee, City-Business Community Sacramento Advocacy Trip, Summits on City Infrastructure/Public Policy and Orange County Housing, and Public Policy Academy Certification. Save us time and money by offering ehub- a virtual staff analyst tool for OC cities, countywide research on key public policy issues, public polling that allows city leaders to better understand what their residents are thinking, legislative monitoring and bill reports for cities, annual city directory, navigating public policy workshop, education and informational events. Convene diverse stakeholders to develop consensus-based solutions through Regional Committee and Commission Appointments, Countywide Wireless Plan, 6

7 Page 2 Sustainable Communities Strategy, Landscape Model Ordinance, and cityspecific demographic research. League of California Cities The League is a 473-member association of California city officials who work together to enhance their knowledge and skills, exchange information, and combine resources so that they may influence policy decisions that affect cities. Through the League, created 118 years ago, all cities and all city officials have the opportunity to help shape solutions to the issues of greatest importance to our cities and the state of California. Benefits of League membership: Advocacy at the ballot box, in the Legislature, and in the courts. Timely Communication delivered on the latest advocacy efforts with news about legislative developments that affect our community. Vehicles include CA Cities Advocate, social media, and updates. In addition, Western City magazine, the League s monthly publication, provides substantive analysis of broader statewide policy issues for local officials. Member-Driven Priorities developed by local leaders. Regional divisions, professional departments, caucuses, and policy committees meet throughout the year to address policy issues. Best Practices and practical tools for local officials are provided by the Institution for Local Government on topics including public engagement, sustainability, ethics, Local Government 101, and more. Cutting-Edge Professional Development offered through the League s educational conferences and events is geared to the unique needs of local government officials and city staff Annual Report: Legislative Advocacy- 2,772 bills introduced (monitored, tracked and engaged on 1,291), 70 city official meetings with legislators and legislative staff arranged by League staff, and 465 members combined from eight policy committees that met three to four times. Legal Advocacy- 54 friend-of-the-court briefs/letters approved for filing in California appellate courts and Attorney General and League is petitioner on behalf of cities or provided financial support in three additional cases. Information- 105 issues of CA Cities Advocate e-newsletter with 8,430 subscribers and average of 37 articles per month, 18 active League listservs for city officials to discuss city-focused issues, 25 new resources from the Institute for Local Government, and 12 issues of Western City magazine published. Education- 1,773 annual conference and expo attendees, 273 exhibitors at the annual conference, eight municipal department meetings with a total of 2,665 participants, and 23 webinars on a wide range of topics. Financial Resources for Cities- $1.25 billion issuance of tax-exempt bonds and tax credits for cities/community nonprofits, 345 cities saved $4.2 million using purchasing portal with group discounts on goods and services, and $2.17 billion in pooled investment of public funds at attractive rates. 7

8 Page 3 Below is a table of the department s participation in both ACC-OC and the League. Departments League of CA Cities/ACC-OC Administration Attended monthly ACC-OC City Manager Committee to discuss hot topics such as cannabis ordinance case study, short-term rental, group homes, and shared services Mayor, Mayor Pro Tem, and City Manager attended the League Conference Mayor and Councilmember Nagel participated in ACC-OC Policy Committees & Task Forces to discuss matters on model encroachment permit, develop wireless policy principles, public/private partnerships, wireless connectivity in greater, longterm infrastructure planning, and legislative bills Monitored and tracked legislative bills ed by ACC-OC and League Participated in events such as war stories and tough choices, changing housing needs in OC, OC Coastal Coalition, and the 21 st Century Public Square Community Services Attended ACC-OC Bringing Learning to Work sessions and City Manager Roundtable Submitted an award nomination to the annual ACC-OC awards ceremony Finance Attended ACC-OC Bringing Learning to Work sessions and monitored legislative issues Received s from the League s fiscal officers to stay current on issues Used League s website for valuable information Fire Attended a few informational breakfast and lunch presentations and updates Discussed shared services Human Resources Arranged Bringing Learning to Work sessions and coordinated League s webinar Information Technology Attended an event in promoting the new City website Submitted award application for the new website Monitored best practices Planning and Building Attended ACC-OC Bringing Learning to Work sessions and monthly evening program Participated in the art of persuasion and building working relationships, economic and community development were beneficial through ACC-OC Modeled ordinances provided by ACC-OC and League and participated in legislative trainings 8

9 Page 4 Participated in the planning commissioners academy Please advise if City Council has a preference one over the other since the approved budget for FY would only afford the City to participate in one. 9

10 CITY OF FOUNTAIN VALLEY CITY COUNCIL COUNCIL ACTION REQUEST To: Honorable Mayor and Agenda Date: February 2, 2016 Members of the City Council SUBJECT: Enact an Ordinance Amending Fountain Valley Municipal Code Section EXECUTIVE SUMMARY Proposed for your consideration is an amendment to Fountain Valley Municipal Code section This section currently provides criminal penalties and injunctive relief for violations of the Fountain Valley Municipal Code. In addition to the criminal penalties and injunctive relief, the amendment will give the council discretion to impose a civil penalty up to $1,000 for a violation of the Fountain Valley Municipal Code. Each day a condition exists in violation of the Code will be considered a new and separate offense. DISCUSSION Fountain Valley Municipal Code section provides the general penalties for violations of the City s ordinances. Pursuant to subdivision (a) of this Section, any violation of the Code is a misdemeanor, which may be prosecuted as an infraction in the discretion of the Attorney for the City. Under Subdivision (b), any violation of the Code is a public nuisance, which may be abated by injunctive relief. Government Code section authorizes city legislative bodies to impose a civil penalty up to $1,000 for a violation of its ordinances. Currently, the Code does not impose a civil penalty for a violation of the Code. The proposed amendment to Section will add subdivision (c) and give the Council the option to impose a civil penalty up to $1,000 for a violation of the Code. Each day that a violation exists will constitute a new and separate offense, allowing the Council to impose a civil penalty up to $1,000 for each day that a violation exists. The complete discretion to impose civil penalties will lie with the Council. On a case by case basis, the Council will be able to decide whether or not to impose a civil penalty. If the Council elects to impose a civil penalty and decides later that it no longer wants to impose the penalty, the Council has discretion to waive the penalty. Imposing civil penalties will deter persons from repeatedly violating the Code. It will also prevent a defendant from mooting a case by abating violations on the eve of trial. While 10

11 Council Action Request Amendment Fountain Valley Municipal Code section Page 2 abatement of violations is the ultimate goal, it frustrates the entire system if a defendant forces the City to litigate and, on the day before trial, abates the nuisance conditions, rendering the case moot and then arguing that the case should be dismissed, including City s request for attorney fees. FINANCIAL ANALYSIS The City will receive revenue from imposing civil penalties. The City will be able to impose a penalty for each day the violation occurs. There is no additional cost to the City for imposing civil penalties. OPTIONS 1. Adopt an ordinance amending section of the Fountain Valley Municipal Code. This is the recommend alternative for all of the above reasons. 2. Do not adopt an ordinance amending the code section. This is not the recommended course of action for the above reasons. RECOMMENDED ACTION Adopt an ordinance amending section of the Fountain Valley Municipal Code. Prepared by: Reviewed by: Fiscal Review by: Approved by: Colin Burns, Attorney for the City Matt Mogensen, Interim Building and Planning Director David Cain, Finance Director Bob Hall, City Manager This is a non-recurring action item. 11

12 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FOUNTAIN VALLEY AMENDING SECTION TO IMPOSE CIVIL PENALTIES FOR VIOLATIONS OF THE MUNICIPAL CODE WHEREAS, over the years, the City has adopted ordinances providing for, among other things, criminal penalties, administrative fines, and injunctive relief for violations of the Fountain Valley Municipal Code; WHEREAS, Government Code section authorizes the City Council to impose civil penalties up to $1,000 for each violation of its ordinances; and WHEREAS, the City desires to have the option of imposing a civil penalty to encourage persons to abate violations of the Fountain Valley Municipal Code and to deter persons from repeatedly violating the Fountain Valley Municipal Code. NOW, THEREFORE, the City Council of the City of Fountain Valley does hereby ORDAIN as follows: Section 1. That Section of the Fountain Valley Municipal Code is hereby amended to read as follows: Violations Penalty. (a) It is unlawful for any person, firm or corporation to violate any provision or to fail to comply with any of the requirements of this code. A violation of this code shall constitute a misdemeanor; except that notwithstanding any other requirement of the code, any violation constituting a misdemeanor under this code may, in the discretion of the city attorney or other prosecutor, be charged and prosecuted as an infraction. Notwithstanding any other provision of this code to the contrary, any person convicted Page 1 of 3 12

13 of a misdemeanor shall be punishable by a fine of not more than one thousand dollars or by imprisonment in the County Jail for a period of not more than six months or by both such fine and imprisonment. Any person charged and convicted of an infraction under the provisions of this code is punishable by: (1) a fine not exceeding one hundred dollars for a first violation; (2) a fine not exceeding two hundred dollars for a second violation of this chapter within the year; and (3) a fine not exceeding five hundred dollars for each additional violation of this chapter within one year. Each day such violation continues shall be regarded as a new and separate offense. (b) In addition to the penalties provided in this section, any condition caused or permitted to exist in violation of any of the provisions of this code is a public nuisance and may be, by this city, abated as such by any lawful means, including injunctive relief. Each day such condition continues shall be regarded as a new and separate offense. (c) In addition to the penalties and remedies provided in this section, any condition caused or permitted to exist in violation of any of the provisions of this code is also subject to a civil penalty of up to $1,000 per day for each and every day such condition continues. Section 2. Severability. If any section, subsection, clause or phrase of this Ordinance or any part thereof is for any reason held to be invalid, unconstitutional or unenforceable by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of the Ordinance. The City Council declares that it would have passed each section, subsection, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsection, sentence, clause or phrase would be declared invalid, unconstitutional or unenforceable. Section 3. The City Clerk shall certify to the adoption of this Ordinance and cause it to be published as required by law. PASSED AND ADOPTED by the City Council of the City of Fountain Valley at a regular meeting this day of, Page 2 of 3 13

14 ATTEST: Rick Miller, City Clerk Cheryl Brothers, Mayor APPROVED AS TO FORM: Harper & Burns LLP Colin Burns, Attorney for the City Page 3 of 3 14

15 CITY OF FOUNTAIN VALLEY CITY COUNCIL COUNCIL ACTION REQUEST To: Honorable Mayor and Agenda Date: February 2, 2016 Members of the City Council SUBJECT: Approval of a Resolution of the City Council of the City of Fountain Valley Requesting Funding for the Planning Phase of the Measure M2 Project V Community-Based Transit/Circulators Grant Program EXECUTIVE SUMMARY: On November 24, 2015, Orange County Transportation Authority (OCTA) released a Call for Projects for the Measure M2 Project V Community-Based Transit/Circulators Grant Program. A requirement of the program states that the participating agencies must secure resolutions of support in order to proceed with the planning phase of the grant program. Staff will be submitting an application to fund a study that will assess the City s existing and future local community transit needs and make a recommendation as to the viability and sustainability of a Project V Community-Based Transit/Circulator. The Planning Phase of Project V requires a 10% local match for funding up to $50,000. The $5,000 local match will be funded by the Pollution Reduction Fund (Fund 26). This funding commitment will be submitted as part of the FY 2016/17 budget. There are adequate funds in the Pollution Reduction Fund to facilitate this match. Staff is recommending that the City Council approve a resolution of the City Council of the City of Fountain Valley requesting funding for the planning phase of the Measure M2 Project V Community-Based Transit/Circulators Grant Program. DISCUSSION: On November 24, 2015, Orange County Transportation Authority (OCTA) released a Call for Projects for the Measure M2 Project V Community-Based Transit/Circulators Grant Program. A requirement of the program states that the participating agencies must secure resolutions of support in order to proceed with the planning phase of the grant program. The Project V Community-Based Transit/Circulators Program establishes a competitive process to enable local jurisdictions to develop community-based local transit services 15

16 Resolution Project V February 2, 2016 Page 2 that complement regional services while meeting the needs in areas not adequately serviced by OCTA. The goals of the grant program are to encourage new and flexible transportation systems customized to each community s needs. The Planning Phase of the grant program is intended to allow for agencies to explore the viability of community-based transit/circulators for future application to Project V calls for projects. Cities must provide a scope of work for the proposed planning document. This scope must include project needs, goals, and objectives for the proposed service. The intent of this study is to assess the City s existing and future local community transit needs and make a recommendation as to the viability and sustainability of a Project V Community-Based Transit/Circulator. The City will utilize a consultant with expertise in local transit to research and prepare the planning document that will provide origin and destination studies, surveys and marketing research, proposed service plans, and transit coordination studies. This study document will include the Fountain Valley Crossings as a future destination point, as well as other key points of interest in the community. FINANCIAL ANALYSIS The Planning Phase of Project V requires a 10% local match for funding up to $50,000. For this project application, the City match will be $5,000 for a grant of $50,000. This $5,000 match will be funded by the Pollution Reduction Fund (Fund 26). This funding commitment will be submitted as part of the FY 2016/17 budget. There are adequate funds in the Pollution Reduction Fund to facilitate this match. ATTORNEY REVIEW: The Attorney for the City has reviewed and approved the proposed resolution. ALTERNATIVES: Alternative No. 1: Approve a resolution of the City Council of the City of Fountain Valley requesting funding for the planning phase of the Measure M2 Project V Community-Based Transit/Circulators Grant Program. This is the recommended action. Alternative No. 2: Do not approve a resolution of the City Council of the City of Fountain Valley requesting funding for the planning phase of the Measure M2 Project V Community-Based Transit/Circulators Grant Program. This is not recommended as this resolution is necessary to allow the City of Fountain Valley to initiate the planning phase and explore the viability of community-based circulators and potentially establish local transit services. 16

17 Resolution Project V February 2, 2016 Page 3 RECOMMENDATION: It is recommended that the City Council approve Alternative No. 1, which is to approve a resolution of the City Council of the City of Fountain Valley requesting funding for the planning phase of the Measure M2 Project V Community-Based Transit/Circulators Grant Program. Prepared by: Reviewed by: Approved by: Procurement Review by: Fiscal Review by: Approved by: Stacy DeLong, Assistant Engineer Temo Galvez, Deputy City Engineer Mark Lewis, Director of Public Works/City Engineer Cathy Wagner, Purchasing Manager David Cain, Finance Director/City Treasurer Bob Hall, City Manager Attachment 1: Project V Resolution 17

18 RESOLUTION NO. A resolution of the Fountain Valley City Council approving the submittal of Fountain Valley Project V Community Based Transit/Circulator planning project(s) to the Orange County Transportation Authority for funding under Project V Community Based Transit/Circulators THE CITY COUNCIL OF THE CITY OF FOUNTAIN VALLEY HEREBY RESOLVES, DETERMINES, AND ORDERS AS FOLLOWS THAT: (a) WHEREAS, the City of Fountain Valley desires to prepare planning study listed below; and (b) WHEREAS, the City of Fountain Valley has been declared by the Orange County Transportation Authority to meet the eligibility requirements to receive Measure M "fair share" funds; and (c) WHEREAS, the City's Circulation Element is consistent with the County of Orange Master Plan of Arterial Highways; and (d) WHEREAS, the City of Fountain Valley will provide matching funds for each project as required by the Orange County Project V Community Based Transit/Circulators and Program Guidelines; and (e) WHEREAS, the Orange County Transportation Authority intends to allocate funds for the Fountain Valley Project V Community Based Transit/Circulator Planning Project within the incorporated cities and the County; and (f) WHEREAS, the City of Fountain Valley will not use Measure M funds to supplant Developer Fees or other commitments; and NOW, THEREFORE, BE IT RESOLVED THAT: The City Council of the City of Fountain Valley hereby requests the Orange County Transportation Authority allocate funds in the amounts specified in the City's application to said City from the Project V. Said funds shall be matched by funds from said City as required and shall be used as planning funds to aid the City in the improvement of the following planning project(s): Fountain Valley Project V Community Based Transit/Circulator Planning Project ADOPTED BY THE CITY COUNCIL on February 2, SIGNED AND APPROVED on, 20. MAYOR ATTEST: APPROVED AS TO FORM: CITY CLERK ATTORNEY FOR THE CITY 18

19 MINUTES OF THE CITY COUNCIL/ SUCCESSOR AGENCY TO THE FOUNTAIN VALLEY AGENCY FOR COMMUNITY DEVELOPMENT/ FOUNTAIN VALLEY HOUSING AUTHORITY/ FINANCE AUTHORITY/PUBLIC FINANCING AUTHORITY Study Session/Closed Session 4:45 p.m. Regular Open Session 6:00 p.m. Tuesday, January 19, 2016 STUDY SESSION CALL TO ORDER PUBLIC COMMENTS 4:45 p.m. (Study Session matters only) There were no requests to speak regarding the Study Session. 1. (Council) 2016 Tet Festival at Mile Square Park - Report provided by Community Services Manager Rob Frizzelle. CLOSED SESSION CALL TO ORDER PUBLIC COMMENTS 5:37 p.m. (Closed Session matters only) There were no requests to speak regarding the Closed Session. 2. (Council) CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION - Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section : (2 potential cases) 3. (Council) CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION - Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Section : (1 potential case) 4. (Council) THREAT TO PUBLIC SERVICES OR FACILITIES - Consultation with the Chief of Police 5. (Council) (a) Conference with Legal Counsel - Anticipated Litigation initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section (one potential case). (b)(council/housing Authority) Conference with Real Property Negotiator pursuant to Government Code Section Real Property: 3.96-acre parcel located at Warner Avenue, Fountain Valley, CA (APN ) owned by the Fountain Valley Housing Authority 19

20 RECONVENE Housing Authority/City negotiators: Bob Hall, City Manager/Housing Authority Executive Director, Matt Mogensen, Planning/Building Director, Colin Burns, Housing Authority/City Legal Counsel, Celeste Brady, Housing Authority/City Special Counsel, Brent Hoff, Housing Authority/City Consultant Persons with whom its negotiators may negotiate: authorized representatives of potential buyer(s), lessee(s), including Fountain Valley Senior Housing LLC and Capital Win Corporation. Under negotiation: price and terms of payment for potential sale, lease or exchange of real property OPEN SESSION Mayor Brothers reconvened the meeting to order at 6:01 p.m. REPORT OUT OF CLOSED SESSION Mayor Brothers reported that council gave direction on item (2) to initiate litigation, on item (3) council gave direction to proceed with the claim, on item (4) council did not hear the item and on item (5) council provided direction to property negotiators. INVOCATION The invocation was led by Rabbi Stephen J. Einstein of the Congregation B Nai Tzedek. SALUTE TO THE FLAG The salute to the flag was led by Council Member Vo. CITY COUNCIL/SUCCESSOR AGENCY/HOUSING AUTHORITY/ FINANCE AUTHORITY/PUBLIC FINANCING AUTHORITY ROLL CALL MEMBERS PRESENT: MEMBERS ABSENT: Collins, McCurdy, Vo, Brothers, Nagel None ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS City Clerk Rick Miller announced the following supplemental communications were provided to the City Council and made available to the public: Memo from Attorney for the City in regards to the use of JAMS for Employment Related Investigations on Consent Calendar item #11, An amended Staff Report was provided by Jean Hirai in regards to the adoption of the ICMA-RC Qualified Retirement Plan on Consent Calendar item # 13 and an amended Staff Report was provided for the Use of Community Development Block Grant (CDBG) for neighborhood cleanup events on Consent Calendar item # 19. PUBLIC COMMENTS (Scheduled Matters Only) Patrick Tucker requested to comment on item number 11 of the Consent Calendar. PUBLIC HEARINGS 6 (Council/Public Financing Authority/Financing Authority) Authorization to refinance 2003 Certificates of Participation and issue fixed rate lease revenue bonds to finance storm 20

21 water pump station improvements and other ten-year capital improvement projects (Report by Finance Director/Treasurer David Cain) Mayor Brothers opened the Public Hearing. There were no requests to speak on this item. Mayor Brothers closed the Public Hearing. ACTION: Fountain Valley Financing Authority: Approve a resolution of the Fountain Valley Financing Authority authorizing the execution and delivery by the authority of a termination agreement in connection with the prepayment of the City of Fountain Valley 2003 certificates of participation (capital improvement projects) and authorizing the execution of necessary documents and certificates and related actions. City of Fountain Valley: Approve a resolution of the City Council of the City of Fountain Valley, California, authorizing the execution and delivery by the City of a ground lease, lease agreement, indenture, escrow agreement, continuing disclosure certificate and bond purchase agreement in connection with the issuance of the Fountain Valley Public Financing Authority lease revenue bonds, series 2016A, approving the issuance of such bonds in an aggregate principal amount of not to exceed $16,200,000, authorizing the distribution of an official statement in connection with the offering and sale of such bonds and authorizing the execution of necessary documents and certificates and related actions. Fountain Valley Public Financing Authority: Approve a Resolution of the Fountain Valley Public Financing Authority authorizing the execution and delivery by the Authority of a ground lease, lease agreement, indenture, assignment agreement and bond purchase agreement in connection with the issuance of the fountain valley public financing authority lease revenue bonds, series 2016A, authorizing the issuance of such bonds in an aggregate principal amount of not to exceed $16,200,000, authorizing the distribution of an official statement in connection with the offering and sale of such bonds and authorizing the execution of necessary documents and certificates and related actions. MOTION: Collins SECOND: Nagel AYES: McCurdy, Nagel, Vo, Collins, Brothers NOES: None Motion Carried 5-0 CONSENT CALENDAR Consent Calendar Items 8, 10 and were approved simultaneously with one motion. Items 7, 9 and 11 were pulled for separate discussion. (Pulled by Council Member McCurdy for further discussion) 7. (Council/Successor Agency/Housing Authority) Receive and file the minutes of the December 15, 2015 Council/Successor Agency to the Fountain Valley Agency for Community Development/Fountain Valley Housing Authority meeting. 21

22 ACTION: Council Member McCurdy made a motion to amend the minutes of the December 15 th, 2015 City Council Meeting by clarifying Councilmember Nagel seconded the motion and that his motion on Council Member items for future discussion was to review and reconsider the cities membership with the ACCOC and discuss that issue. MOTION: McCurdy SECOND: Collins AYES: McCurdy, Nagel, Vo, Collins, Brothers NOES: None Motion Carried: (Council) Receive and file the minutes of the December 15, 2015 City Council Special meeting. ACTION: Receive and file the minutes of the December 15, 2015 City Council Special Meeting. MOTION: Collins SECOND: Vo AYES: McCurdy, Nagel, Vo, Collins, Brothers NOES: None Motion Carried: 5-0 (Pulled by Council Member McCurdy for further discussion) 9. (Council) Receive and file the City of Fountain Valley Strategic Plan Review Update. ACTION: Councilmember Collins made a motion to approve the Strategic Plan as presented. MOTION: Collins SECOND: Nagel AYES: Nagel, Vo, Collins, Brothers NOES: McCurdy Motion Carried: (Council/Successor Agency) Recognized Obligation Payment Schedule for the A-B Fiscal Period of July 1, 2016 to June 30, 2017 ("ROPS A-B") ACTION: Approved the recognized Obligation Payment Schedule for the A-B Fiscal Period of July 1, 2016 to June 30, 2017 ("ROPS A-B") MOTION: Collins SECOND: Vo AYES: McCurdy, Nagel, Vo, Collins, Brothers NOES: None Motion Carried: 5-0 (Pulled by Council Member McCurdy for further discussion) 11. (Council) City Council Policy Against Harassment, Discrimination and Retaliation by Elected and Appointed Officials. Public Comment: Patrick Tucker spoke in favor of using JAMS as the mediator. ACTION: Councilmember McCurdy made a motion to approve item 11 with JAMS as the arbitrator. The motion died for lack of a second. Mayor Brothers made a motion to approve selecting a neutral investigator and approve the City Council Policy Against Harassment, Discrimination and Retaliation by Elected and Appointed Official. 22

23 Mayor Pro Tem Collins made a substitute motion to Mayor Brothers motion, to adopt the policy as presented, which includes alternative one labor firm recommendations and alternative two, JAMS. The substitute motion died for lack of a second. The prior motion, made by Mayor Brothers, to approve selecting a neutral investigator and approve the City Council Policy Against Harassment, Discrimination and Retaliation by Elected and Appointed Official was presented again. MOTION: Collins SECOND: Nagel MOTION: Brothers SECOND: Vo AYES: McCurdy, Nagel, Vo, Collins, Brothers NOES: None Motion Carried: (Council) Authorize the Acceptance and Appropriation of Grant Funds from FM Global Fire Prevention to accept a Grant for the Purchase of Digital Camera Equipment and Amend the Operating Budget in the Amount of $2, ACTION: Approved Resolution 9536 to grant Authorization and acceptance and appropriation of Grant Funds from FM Global Fire Prevention to accept a Grant for the Purchase of Digital Camera Equipment and Amend the Operating Budget in the Amount of $2, MOTION: Collins SECOND: Vo AYES: McCurdy, Nagel, Vo, Collins, Brothers NOES: None Motion Carried: (Council) A Resolution of the City Council of the City of Fountain Valley adopting the ICMA-RC Qualified Retirement plan in the form of a money purchase plan Plan No ACTION: Approved Resolution 9537 adopting the ICMA-RC Qualified Retirement plan in the form of a money purchase plan Plan No MOTION: Collins SECOND: Vo AYES: McCurdy, Nagel, Vo, Collins, Brothers NOES: None Motion Carried: (Council) Authorization to renew Contract for Ambulance Services with Care Ambulance, Inc. for Two (2) Years. ACTION: Approved the Authorization to renew Contract for Ambulance Services with Care Ambulance, Inc. for Two (2) Years. MOTION: Collins SECOND: Vo AYES: McCurdy, Nagel, Vo, Collins, Brothers NOES: None Motion Carried:

24 15. (Council) Comprehensive Annual Financial Report of the City of Fountain Valley, California, for the period ending June 30, 2015 ACTION: Approved the Comprehensive Annual Financial Report of the City of Fountain Valley, California, for the period ending June 30, 2015 MOTION: Collins SECOND: Vo AYES: McCurdy, Nagel, Vo, Collins, Brothers NOES: None Motion Carried: (Council) 1) Approval of Amendment No. 1 to Contract with AKM Consulting Engineers in the Amount of $24,995, and 2) Amendment of the Drainage Fund (Fund 31) for FY 2015/16 in the Amount of $24,995 for Additional Professional Engineering Services to Update the Plans, Specifications and Estimates for the Sandalwood Storm Water Pump Station Upgrade Project ACTION: Approved Amendment No. 1 to Contract with AKM Consulting Engineers in the Amount of $24,995, and 2) Amendment of the Drainage Fund (Fund 31) for FY 2015/16 in the Amount of $24,995 for Additional Professional Engineering Services to Update the Plans, Specifications and Estimates for the Sandalwood Storm Water Pump Station Upgrade Project MOTION: Collins SECOND: Vo AYES: McCurdy, Nagel, Vo, Collins, Brothers NOES: None Motion Carried: (Council) Approval of a Preferential Permit Parking Resolution for the Orange County Tet Festival and Event and Direct Staff to Implement Preferential Permit Parking for February 12-14, 2016 ACTION: Approve Resolution 9538 for Preferential Permit Parking for the Orange County Tet Festival and Event and Direct Staff to Implement Preferential Permit Parking for February 12-14, 2016 MOTION: Collins SECOND: Vo AYES: McCurdy, Nagel, Vo, Collins, Brothers NOES: None Motion Carried: 5-0 ADMINISTRATIVE ITEMS 18. (Council) Approval of a Policy for Fee Waivers for Non-Profit Organizations. ACTION: Moved to continue this item to a date uncertain. MOTION: Brothers SECOND: McCurdy AYES: McCurdy, Nagel, Vo, Collins, Brothers NOES: None Motion Carried: (Council) Establish The Use Of Community Development Block Grant (CDBG) Funds For Neighborhood Cleanup Events In Eligible Census Tract Block Groups And Approval Of A Budget Amendment Of Fund 87 In The Amount 24 Of $20,000.

25 ACTION: Approved establishing The Use Of Community Development Block Grant (CDBG) Funds For Neighborhood Cleanup Events In Eligible Census Tract Block Groups And Approval Of A Budget Amendment Of Fund 87 In The Amount Of $20,000. MOTION: McCurdy SECOND: Vo AYES: McCurdy, Nagel, Vo, Collins, Brothers NOES: None Motion Carried: 5-0 COUNCIL MEMBER ITEMS FOR FUTURE CONSIDERATION None CITY COUNCIL/ SUCCESSOR AGENCY/ HOUSING AUTHORITY/ PUBLIC COMMENTS (Unscheduled Matters Only) The following individuals spoke in opposition to the electronic message center sign: Peter Piampiano, Jaye Towne, Augie Lascola, Patrick Tucker, Peggy Partnoff, Bill Partnoff and Stephen Schwartz. Kim Constantine spoke against the electronic message sign and the TET Festival. Kieli Scott Lisack spoke on the Capital Win Development Assisted Living site that was on the Closed Session agenda. Vickie Soffia spoke about Alzheimer s Orange County and provided information to the City Council Members. CITY COUNCIL/SUCCESSOR AGENCY/HOUSING AUTHORITY AB 1234/GENERAL COMMENTS Council Member McCurdy December 16 - Attended the city employee holiday lunch December 17 Attended Holiday Party at senior center December 19 - Attended the grand opening of the 24 Hour Fitness January 7 Attended the Library Board meeting Council Member Vo December 16 Attended the city employee holiday lunch December 17 Attended the grand opening of the 24 Hour Fitness December 17 Attended the Hamlet Market 20 th Anniversary event Council Member Nagel December 16 Attended the employee holiday lunch January 7 Attended the California Economic Summit in Los Angeles that was hosted by Southern California Association of Governments (SCAG) January 20 Attended the OCTA meeting in Santa Ana regarding the Regional Transportation Program and Sustainable Communities Strategies January 22 Attended the California League of Cities Public Safety Policy Committee Sacramento 25 7

26 Mayor Pro Tem Collins December 16 Attended the employee holiday lunch December 17 Attended the Senior Center holiday lunch January 7 Attended the Advisory Committee for the Disabled meeting January 8 Attended the Water Advisory Committee of Orange County Mayor Brothers December 16 Attended the Public Cable television Authority meeting December 16 Attended the employee holiday lunch December 16 Attended Fountain Valley High School Troubadours concert December 17 Attended the Senior Center holiday lunch December 17 Attended Mosquito and Vector Control nuisance abatement meeting December 17 Attended the Fountain Valley Foundation community meeting December 19 Attended the grand opening of the 24 hour Fitness center December 19 Attended Hamlet Market 20 th Anniversary event December 22 - Met with representatives from the Communications Lab December 27 Attended walk through meeting at Mile Square Park regarding Summerfest January 5 Attended the regular monthly Summerfest Meeting January 7 Attended memorial for Jane Irvin January 7 Attended Orange County Library Board meeting January 7 Attended and spoke at the Huntington Beach Lions Club meeting January 8 Attended the Water Advisory Committee meeting January 8 Attended ACCOC infrastructure and technology meeting January 13 Attended Fountain Valley Planning Commission meeting January 14 Attended the Chamber of Commerce Citizens Advisory Committee January 14 Attended the Relay for Life kickoff meeting January 15 Attended the Chamber of Commerce Business Connection breakfast January 17 Attended the unveiling of the statue of General Tran vong dow at Mile Square Park January 18 Meeting with Supervisor Do regarding the TET Festival January 19 Attended the Rotary Club meeting ADJOURN THE MEETING OF THE CITY COUNCIL/SUCCESSOR AGENCY/HOUSING AUTHORITY Mayor Brothers adjourned the meeting at 7:32 p.m. in Memory of Jane Irvin, to the next Regular Meeting of the Fountain Valley City Council on February 2, 2016 at 6:00 p.m. in the Fountain Valley Council Chambers, Slater Avenue, Fountain Valley. Cheryl Brothers, Mayor Rick Miller, City Clerk Administrator 26 8