Resolution 105 Salary Schedule Effective

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1 Table of Contents Agenda 3 Emergency Vehicle Preemption (EVP) for Fire Department Vehicles (Presentation by Mark Lewis, Public Works Director and Tony Coppolino, Fire Chief) PowerPoint Presentation 7 (1) Introduce and Conduct a First Read of an Ordinance Amending the Procedure for Selecting the Mayor and Mayor Pro Tempore (FVMC ) Mayoral Rotation and Parlimentary Procedures Staff Report Mayoral Selection Ordinance - Version Mayoral Selection Ordinance - Version Mayoral Selection Ordinance - Version Mayoral Selection Ordinance - Version Council Policy - Parlimentary Procedures 40 Public Hearing and Approval of Ordinance Adopting the County's Animal Control Ordinance by Reference Staff Report 43 Ordinance 49 Introduction and First Read of an Ordinance Amending the Definition of "Single-family dwellings" in Section (19) of the Fountain Valley Municipal Code. Staff Report 53 Ordinance Annual State Housing Element Progress Report Staff Report 58 Annual Element Progress Report 61 Housing Successor Annual Report 66 Receive and File the Minutes of the March 6, 2018 Regular City Council Meeting Minutes of March 6 75 Organizational Assessment and FTE Count Change Recommendations March 20 Staffing Report FINAL 81 Attachment 1 - Salary Schedule Effective Attachment 2 Finance Dept. Org (1). Charts 94 Attachment 3A - Police Dept. Current Org (3). Chart 95 Attachment 3B Police Dept. Proposed Org (1). Chart 96 Attachment 4 Planning Dept. Org. Charts 97 Attachment 5 HR Org (1). Charts 99 Attachment 6A Comm Serv Current Org Chart 101 Attachment 6B Comm Serv Proposed Org Chart 102 Adopt Amended Salary Resolution Providing Increase in Compensation for the City Manager Staff Report 103 1

2 Resolution 105 Salary Schedule Effective

3 AGENDA CITY COUNCIL/ SUCCESSOR AGENCY TO THE FOUNTAIN VALLEY AGENCY FOR COMMUNITY DEVELOPMENT/ FOUNTAIN VALLEY HOUSING AUTHORITY Study Session 5:15 p.m. Closed Session Immediately Following Study Session Regular Meeting 6:00 p.m. Tuesday, March 20, 2018 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. 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. Emergency Vehicle Preemption (EVP) for Fire Department Vehicles (Presentation by Mark Lewis, Public Works Director and Tony Coppolino, Fire Chief) Page 7 PowerPoint Presentation 2. Facility Capital Project Discussion (Presentation by Rob Houston, City Manager) 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. 3. CONFERENCE WITH LEGAL COUNSEL--EXISTING LITIGATION (Paragraph (1) of subdivision (d) of Section ) Name of case: City of Fountain Valley vs. Larry Hammer ADJ OPEN SESSION CALL TO ORDER INVOCATION SALUTE TO THE FLAG 6:00 p.m. Pastor Brent Wagner Council Member John Collins CITY COUNCIL/SUCCESSOR AGENCY/HOUSING AUTHORITY/ ROLL CALL Council Members: Brothers, Collins, Crandall, Mayor Pro Tem/Vice Chair Nagel, Mayor/Chair Vo 4

5 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 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. PUBLIC HEARINGS Each person will have up to 3 minutes to speak on each Public Hearing. 5. (Council/Successor Agency/Housing Authority) (1) Introduce and Conduct a First Read of an Ordinance Amending the Procedure for Selecting the Mayor and Mayor Pro Tempore (FVMC ) (2) Adopt a Council Policy on Parliamentary Procedures Page 22 a Mayoral Rotation and Parlimentary Procedures Staff Report b Mayoral Selection Ordinance - Version 1 c Mayoral Selection Ordinance - Version 2 d Mayoral Selection Ordinance - Version 3 e Mayoral Selection Ordinance - Version 4 f Council Policy - Parlimentary Procedures 6. (Council/Successor Agency/Housing Authority) Public Hearing and Approval of Ordinance Adopting the County's Animal Control Ordinance by Reference Page 43 a. Staff Report b. Ordinance 7. (Council) Introduction and First Read of an Ordinance Amending the Definition of "Singlefamily dwellings" in Section (19) of the Fountain Valley Municipal Code. Page 53 a. Staff Report b. Ordinance CONSENT CALENDAR Consent Calendar Items 8 and 9 will be approved simultaneously with one motion, unless separate action/or discussion is requested. 8. (Council) 2017 Annual State Housing Element Progress Report Page 58 a. Staff Report b. Annual Element Progress Report c. Housing Successor Annual Report 9. (Council) Receive and File the Minutes of the March 6, 2018 Regular City Council Meeting Page 75 a. Minutes of March 6 5

6 ADMINISTRATIVE ITEMS 10. (Council/Successor Agency/Housing Authority) Organizational Assessment and FTE Count Change Recommendations (Report by Rob Houston, City Manager) Page 81 a. March 20 Staffing Report FINAL b. Attachment 1 - Salary Schedule Effective c. Attachment 2 Finance Dept. Org (1). Charts d. Attachment 3A - Police Dept. Current Org (3). Chart e. Attachment 3B Police Dept. Proposed Org (1). Chart f. Attachment 4 Planning Dept. Org. Charts g. Attachment 5 HR Org (1). Charts h. Attachment 6A Comm Serv Current Org Chart i. Attachment 6B Comm Serv Proposed Org Chart 11. (Council/Successor Agency/Housing Authority) Adopt Amended Salary Resolution Providing Increase in Compensation for the City Manager (Report by Colin Burns, Attorney for the City) Page 103 a. Staff Report b. Resolution c. Salary Schedule Effective 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 April 3, 2018 at 6:00 p.m., in the Fountain Valley Council Chambers, Slater Avenue, Fountain Valley. 6

7 Emergency Vehicle Preemption (EVP) for Fire Department Vehicles 7

8 EVP Emergency Vehicle Preemption 1. A system that allows for on demand changes to an existing traffic signal system 2. Features global positioning satellite (GPS) technology 3. Delivers green lights at intersections for emergency vehicles to effectively navigate signalized intersections. 8

9 PURPOSE OF EVP The Fire Department strives for 90% of 911 response travel times of four minutes or less. An industry performance standard Established by the National Fire Protection Association (NFPA). TRAVEL TIME 1. Begins when a unit goes en route to the emergency incident 2. Ends when the unit arrives at the scene 9

10 M A G N O L I A How the GPS System Works S L A T E R B U S H A R D 10

11 EVP Simulation 11

12 CONCERNS Fire Department First responder driver/passenger safety Public driver/passenger/pedestrian safety Reduced travel time during 911 calls Less confusion and risk for citizens when approached by an emergency vehicle Greater opportunity to preserve lives and property Public Works Potential delay on traffic signal coordination Potential increase in traffic congestion especially during peak hours Cost/Funding sources Operations /Maintenance Costs Number of preemptive intersections needed in the city. Large Investments in traffic system during past 15 years 12

13 SURVEYS AND INFO GATHERING In 2017, an independent report was completed by Albert Grover & Associates who opined that EVPs will provide minor improvement times for Code 3 emergency vehicles in Fountain Valley. Staff was presented with an overview of the GPS EVP system by Global Traffic Technologies & also surveyed and solicited feedback from neighboring fire departments and traffic engineers regarding EVP. 13

14 Orange County Cities with EVP Cities without EVP 14

15 EVP Experiences & Technology Traffic engineering profession is very hesitant to implement EVP due to its impact on signal timing and coordination Advancements in EVP technology have improved interaction with signals, minimizing impacts to timing and coordination Some cities currently using EVP have not realized the impacts that were initially anticipated Each city s signal timing system is different, therefore it is unclear the effects EVP will have on Fountain Valley 15

16 FUTURE TRAFFIC ISSUES Fire department response data indicates emergency response travel time is growing and becoming challenging to manage. It is anticipated that the 405 Freeway expansion project will cause increased traffic congestion and delays in emergency response. 16

17 PILOT STUDY In response to increased travel times and predicted increased traffic congestion from the 405 expansion project, a pilot EVP installation within the city is warranted to test if the system improves travel time without adversely effecting intersection light coordination. 17

18 PILOT INTERSECTIONS Bushard Five Intersections Newhope Six Intersections Bushard Ellis Newhope Talbert Bushard Talbert Newhope Southpark Bushard El Camino Newhope Slater Bushard Slater Newhope Los Cab Bushard Warner Newhope Warner Newhope Heil 18

19 PILOT DETAILS & COST Costs below are $22,100 per intersection. Estimated cost to install EVP emitters onto eight fire apparatus is $5,600 (one time cost) If EVP concept and pilot project are approved by Council, funding in the amount of $300,000 would be requested for appropriation for the FY 2018/19 budget to facilitate implementation. PILOT STUDY EVP installed at 11 intersections $ 252,565 EVP installed on fire apparatus fleet $ 5,600 10% Contingency $ 25,256 Total $ 283,421 19

20 POTENTIAL FUNDING CIP Funds can be used for the pilot study. Grants Available Statefarm Good Neighbor Citizenship Company Grants ($5000 minimum, no maximum) FEMA Assistance to Fire Fighter Grant Measure M OCTA / 405 Expansion Project 20

21 21

22 CITY OF FOUNTAIN VALLEY CITY COUNCIL ACTION REQUEST TO: Honorable Mayor and Members Agenda Date: March 20, 2018 of the City Council SUBJECT: (1) Introduce and Conduct a First Read of an Ordinance Amending the Procedure for Selecting the Mayor and Mayor Pro Tempore (FVMC ) (2) Adopt a Council Policy on Parliamentary Procedures EXECUTIVE SUMMARY: Proposed for City Council consideration is an ordinance amending the process for selecting the Mayor and Mayor Pro Tempore and a policy on parliamentary procedures. DISCUSSION: Ordinance Regarding the Selection of the Mayor and Mayor Pro Tempore The Municipal Code currently provides that the person with the highest consecutive service since his or her last term as Mayor or election shall become Mayor. The Code also provides, however, that the Council shall vote on the matter. To date, this has been interpreted as a preference for the rotation, with ultimate discretion residing with the Council. The Code should be clarified to expressly state the desired level of discretion. Proposed are four separate ordinances for Council consideration. The ordinances differ in the amount of Council discretion, with the first version providing the most discretion and the last (fourth) providing the least discretion. Each version is summarized below: First Version - No Rotation, Unlimited Discretion: This version has no suggested rotation. Rather, the Council simply chooses a Mayor and Mayor Pro Tempore each November at its discretion, with no guidelines. Second Version - Suggested Rotation with Council s Unlimited Discretion: This second version provides for a rotation that should be followed, using the consecutive service model. It specifically provides that the ultimate discretion lies with the Council. There are no limits on how the Council exercises its discretion. This version most closely mirrors how staff has interpreted and applied our current Code provision. 22

23 City Council Action Request Ordinance Amending the Procedure to Select Mayor and Mayor Pro Tempore and Parliamentary Procedures Policy March 20, 2018 Page 2 Third Version - Presumptive Rotation w/ Council Discretion to Change for Good Cause: This third version provides for an automatic Mayor and Mayor Pro Tempore rotation, which occurs each year without a vote. A vote would only occur if a Council Member wanted to skip the next person in line for cause. A person currently serving as Mayor or Mayor Pro Tempore could also be removed for cause. Cause means a Council Member is unable or unfit to fulfill the role of Mayor or Mayor Pro Tempore for any reason including malfeasance or lack of participation. The vote of cause can happen at any Council Meeting, provided there is Brown Act compliance. Meaning, with the exception of the November meeting where the official change of Mayor is already agendized, a vote of cause at a later meeting must be placed on the agenda. Fourth Version - Absolute Rotation, No Council Discretion: This final version provides for a rotation without any Council discretion. Under this version, the Council Member with the highest consecutive service becomes Mayor. There is no vote. This is the only version where there is no Council discretion. Staff asks the Council to conduct a public hearing and select one of the four versions (or another version) for Introduction-First Read, and the ordinance will be brought back at the next regular Council meeting for Adoption-Second Read. Parliamentary Procedures Policy Staff also proposes a policy addressing various meeting scenarios that are not addressed by state law or the Municipal Code. The proposed policy is subordinate to the Municipal Code and clarifies areas not addressed by our Code. For example, the Code provides a 3-minute limit on speakers but does not state whether that limit is per speaker or per item. This policy specifies how that 3-minute limit is applied in various cases. The policy is advisory, not mandatory. The parliamentarian can alter the procedures for good cause, including meeting efficiency. One of the advantages of a policy (rather than a Code provision) is that the policy can be easily amended to address future factual situations. Regarding the agenda, the policy gives the City Manager discretion to determine the order items are placed on the agenda. The Parliamentarian has discretion to move items at the meeting. To make a public comment, a person must be personally present. Also, the policy clarifies that the 3-minute limit applies to each agendized item (with another 3 minutes for unagendized matters). 23

24 City Council Action Request Ordinance Amending the Procedure to Select Mayor and Mayor Pro Tempore and Parliamentary Procedures Policy March 20, 2018 Page 3 Issues regarding the consent calendar, such as who can pull an item for discussion (only a Council Member) are also included. Staff asks the Council to review and approve the Parliamentary Procedures Policy. ALTERNATIVES: Alternative No.1: Select one of the four versions of the Ordinance addressing the selection of a Mayor and Mayor Pro Tempore for Introduction-First Read and set the Ordinance for Adoption-Second Read at the next regularly-scheduled Council Meeting. Adopt the Council Policy on Parliamentary Procedures. Alternative No. 2: Alternative No. 3: Amend either the Ordinance or the Policy (or both) and approve them as amended. Take no action. FINANCIAL ANALYSIS: There is no cost anticipated with adoption of the Ordinance or Council Policy. RECOMMENDATION: Staff recommends Alternative No.1: Select one of the four versions of the Ordinance addressing the selection of Mayor and Mayor Pro Tempore for Introduction-First Read and set the Ordinance for Adoption-Second Read at the next regularly-scheduled Council Meeting. Adopt the Council Policy on Parliamentary Procedures. PUBLIC NOTIFICATION: This item was agendized in compliance with the Brown Act and was noticed as a public hearing. /// /// 24

25 City Council Action Request Ordinance Amending the Procedure to Select Mayor and Mayor Pro Tempore and Parliamentary Procedures Policy March 20, 2018 Page 4 Prepared By: Fiscal Review by: Approved By: Colin Burns, Attorney for the City Jason Al-Imam, Finance Director-City Treasurer Rob Houston, City Manager Attachments: Proposed Ordinance Version 1 Proposed Ordinance Version 2 Proposed Ordinance Version 3 Proposed Ordinance Version 4 Proposed Parliamentary Procedures Policy 25

26 VERSION 1 NO ROTATION, COMPLETE DISCRETION ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FOUNTAIN VALLEY AMENDING SECTION OF THE FOUNTAIN VALLEY MUNICIPAL CODE REGARDING THE SELECTION OF MAYOR AND MAYOR PRO TEMPORE WHEREAS, Chapter 2.04 of the Fountain Valley Municipal Code contains provisions regulating the conduct of City Council meetings; and WHEREAS, one such provision (FVMC ) describes the process of selecting the Mayor and Mayor Pro Tempore; and WHEREAS, under current law, the Council Member with the longest consecutive service since their election or service as Mayor shall become Mayor; however, the City Council is also required to vote on who will become Mayor, which requires a motion and second, and a vote of the Council until at least three votes have been given to one nominee; and WHEREAS, there is a need to clarify the level of discretion the Council desires to select the Mayor; and WHERAS, the City Council finds that this ordinance is not subject to review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15061(b)(3) (there is no possibility the activity in question may have a significant effect on the environment). NOW, THEREFORE, the City Council of the City of Fountain Valley does hereby ORDAIN as follows: Section 1. That Section Term and selection Mayor and mayor pro tempore is hereby amended to read as follows: 26

27 Term and selection Mayor and mayor pro tempore. (a) As soon as practical, following the certification of the city council election results after the November general municipal election, the city council shall make its selections of mayor and mayor pro tempore. In the nonelection years, the selection of mayor and mayor pro tempore shall be made at the city council meeting date closest to the anniversary date of the selections in the election years. (b) The selection of the mayor and mayor pro tempore shall be made by the city council with at least four councilmembers present. Selection shall be made by a nomination from a councilmember, seconded by another councilmember, after which a vote is taken by the entire city council. This procedure shall be repeated until at least three votes have been given to one nominee. (c) In the event of a vacancy in the office of mayor, the mayor pro tempore shall assume all of the duties of the mayor until a mayor is selected by the city council to serve the balance of the term of the vacated incumbent. The city council shall be free to appoint any councilmember for the balance of that term. (d) The selection of mayor pro tempore shall be in accordance with the same criteria as provided above. 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. 27

28 PASSED AND ADOPTED by the City Council of the City of Fountain Valley at a regular meeting this day of, ATTEST: Rick Miller City Clerk Michael Vo Mayor APPROVED AS TO FORM: HARPER & BURNS LLP Colin Burns Attorney for the City 28

29 VERSION 2 SUGGESTED ROTATION WITH COUNCIL DISCRETION ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FOUNTAIN VALLEY AMENDING SECTION OF THE FOUNTAIN VALLEY MUNICIPAL CODE REGARDING THE SELECTION OF MAYOR AND MAYOR PRO TEMPORE WHEREAS, Chapter 2.04 of the Fountain Valley Municipal Code contains provisions regulating the conduct of City Council meetings; and WHEREAS, one such provision (FVMC ) describes the process of selecting the Mayor and Mayor Pro Tempore; and WHEREAS, under current law, the Council Member with the longest consecutive service since their election or service as Mayor shall become Mayor; however, the City Council is also required to vote on who will become Mayor, which requires a motion and second, and a vote of the Council until at least three votes have been given to one nominee; and WHEREAS, there is a need to clarify the level of discretion the Council desires to select the Mayor; and WHERAS, the City Council finds that this ordinance is not subject to review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15061(b)(3) (there is no possibility the activity in question may have a significant effect on the environment). NOW, THEREFORE, the City Council of the City of Fountain Valley does hereby ORDAIN as follows: Section 1. That Section Term and selection Mayor and mayor pro tempore is hereby amended to read as follows: 29

30 Term and selection Mayor and mayor pro tempore. (a) As soon as practical, following the certification of the city council election results after the November general municipal election, the city council shall make its selections of mayor and mayor pro tempore. In the nonelection years, the selection of mayor and mayor pro tempore shall be made at the city council meeting date closest to the anniversary date of the selections in the election years. (b) The offices of mayor and mayor pro tempore shall have one-year terms and shall be filled in accordance with the following rotation procedure: (1) The councilmember who has the longest consecutive council service since his or her election or last service as mayor, whichever is longer, should become the mayor. (2) In the event that two councilmembers have the same length of service as described in subsection (b)(1) of this section, the one having received the greatest number of votes in the last councilmember s election should become mayor. If any person declines his or her term as it comes by in rotation, that person should remain in the same place in the rotation cycle as if he or she had served. (3) Notwithstanding the rotation provided for in this section, the selection of the mayor and mayor pro tempore shall ultimately be at the discretion of the city council, which shall make its selection with at least four councilmembers present. Selection shall be made by a nomination from a councilmember, seconded by another councilmember, after which a vote is taken by the entire city council. This procedure shall be repeated until at least three votes have been given to one nominee. (4) The city council should arrange the order in such a way as to allow every councilmember an opportunity to serve as mayor. (c) The above rules should be applied so that each person serving is allowed to have a full one-year term as mayor. In the event of a vacancy in the office of mayor, the mayor pro tempore shall assume all of the duties of the mayor until a mayor is selected by the city council to serve the balance of the term of the vacated incumbent. The city 30

31 council shall be free to appoint any councilmember for the balance of that term, but upon the conclusion of that term the rotational selection process should again be employed in the same order as if the vacated incumbent had served a full term. (d) The selection of mayor pro tempore shall be in accordance with the same criteria as provided above, with the exception that the mayor pro tempore should be the person with the next greatest qualifications. 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, ATTEST: Rick Miller City Clerk Michael Vo Mayor APPROVED AS TO FORM: HARPER & BURNS LLP Colin Burns Attorney for the City 31

32 VERSION 3 PRESUMPTIVE ROTATION WITH DISCRETION TO CHANGE FOR CAUSE ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FOUNTAIN VALLEY AMENDING SECTION OF THE FOUNTAIN VALLEY MUNICIPAL CODE REGARDING THE SELECTION OF MAYOR AND MAYOR PRO TEMPORE WHEREAS, Chapter 2.04 of the Fountain Valley Municipal Code contains provisions regulating the conduct of City Council meetings; and WHEREAS, one such provision (FVMC ) describes the process of selecting the Mayor and Mayor Pro Tempore; and WHEREAS, under current law, the Council Member with the longest consecutive service since their election or service as Mayor shall become Mayor; however, the City Council is also required to vote on who will become Mayor, which requires a motion and second, and a vote of the Council until at least three votes have been given to one nominee; and WHEREAS, there is a need to clarify the level of discretion the Council desires to select the Mayor; and WHERAS, the City Council finds that this ordinance is not subject to review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15061(b)(3) (there is no possibility the activity in question may have a significant effect on the environment). NOW, THEREFORE, the City Council of the City of Fountain Valley does hereby ORDAIN as follows: Section 1. That Section Term and selection Mayor and mayor pro tempore is hereby amended to read as follows: 32

33 Term and selection Mayor and mayor pro tempore. (a) The terms of the offices of mayor and mayor pro tempore shall begin at the first meeting following the certification of the city council election results after the November general election. In non-election years, the terms of the offices of mayor and mayor pro tempore shall begin at the city council meeting closest to the anniversary date of the beginning of the term in the last election year. No council vote shall be required, except as provided in subsection (b)(3). (b) The offices of mayor and mayor pro tempore shall have one-year terms and shall be filled in accordance with the following rotation procedure: (1) The councilmember who has the longest consecutive council service since his or her election or last service as mayor, whichever is longer, shall become the mayor. (2) In the event that two councilmembers have the same length of service as described in subsection (b)(1) of this section, the one having received the greatest number of votes in the last councilmember s election shall become mayor. If any person declines his or her term as it comes by in rotation, that person shall remain in the same place in the rotation cycle as if he or she had served. (3) Notwithstanding the rotation provided for in this section, the city council may deny any councilmember his or her turn to be mayor or mayor pro tempore for cause. Cause shall exist when the city council, in its sole and absolute discretion, determines that a council member is unable or unfit to fulfill the role of mayor or mayor pro tempore for any reason including, but not limited to, malfeasance or lack of participation. Cause may be raised during the first council meeting of the term of the mayor or mayor pro tempore or at any council meeting thereafter. A person serving as mayor or mayor pro tempore may be removed from that office by the council pursuant to a vote of cause. A vote of cause to skip or remove the mayor or mayor pro tempore shall be made by motion, second, and vote of the council with at least four councilmembers present. The councilmember who is next in line under the rotation provided for in this section shall then become mayor or mayor pro tempore unless that councilmember is skipped by a vote of 33

34 cause. A councilmember who is skipped or removed for cause shall, for purposes of the rotation, be considered to have served a full term as mayor. (4) The city council shall endeavor to arrange the order in such a way as to allow every councilmember an opportunity to serve as mayor. (c) The above rules shall be applied so that each person serving shall be allowed to have a full one-year term as mayor. In the event of a vacancy in the office of mayor, the mayor pro tempore shall assume all of the duties of the mayor until a mayor is selected by the city council to serve the balance of the term of the vacated incumbent. The city council shall be free to appoint any councilmember for the balance of that term, but upon the conclusion of that term the rotational selection process shall again be employed in the same order as if the vacated incumbent had served a full term. (d) The selection of mayor pro tempore shall be in accordance with the same criteria as provided above, with the exception that the mayor pro tempore shall be the person with the next greatest qualifications. 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, ATTEST: 34

35 Rick Miller City Clerk Michael Vo Mayor APPROVED AS TO FORM: HARPER & BURNS LLP Colin Burns Attorney for the City 35

36 VERSION 4 ABSOLUTE ROTATION, NO DISCRETION ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FOUNTAIN VALLEY AMENDING SECTION OF THE FOUNTAIN VALLEY MUNICIPAL CODE REGARDING THE SELECTION OF MAYOR AND MAYOR PRO TEMPORE WHEREAS, Chapter 2.04 of the Fountain Valley Municipal Code contains provisions regulating the conduct of City Council meetings; and WHEREAS, one such provision (FVMC ) describes the process of selecting the Mayor and Mayor Pro Tempore; and WHEREAS, under current law, the Council Member with the longest consecutive service since his or her election or service as Mayor shall become Mayor; however, the City Council is also required to vote on who will become Mayor, which requires a motion and second, and a vote of the Council until at least three votes have been given to one nominee; and WHEREAS, there is a need to clarify the level of discretion the Council desires to select the Mayor; and WHERAS, the City Council finds that this ordinance is not subject to review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15061(b)(3) (there is no possibility the activity in question may have a significant effect on the environment). NOW, THEREFORE, the City Council of the City of Fountain Valley does hereby ORDAIN as follows: Section 1. That Section Term and selection Mayor and mayor pro tempore is hereby amended to read as follows: 36

37 Term and selection Mayor and mayor pro tempore. (a) The offices of mayor and mayor pro tempore shall begin at the first meeting following the certification of the city council election results after the November general election. In non-election years, the offices of mayor and mayor pro tempore shall begin at the city council meeting closest to the anniversary date of the beginning of the term in the last election year. No council vote shall be required. (b) The offices of mayor and mayor pro tempore shall have one-year terms and shall be filled in accordance with the following rotation procedure: (1) The councilmember who has the longest consecutive council service since his or her election or last service as mayor, whichever is longer, shall become the mayor. (2) In the event that two councilmembers have the same length of service as described in subsection (b)(1) of this section, the one having received the greatest number of votes in the last councilmember s election shall become mayor. If any person declines his or her term as it comes by in rotation, that person shall remain in the same place in the rotation cycle as if he or she had served. (c) In the event of a vacancy in the office of mayor, the mayor pro tempore shall assume all of the duties of the mayor until a mayor is selected by the city council to serve the balance of the term of the vacated incumbent. The city council shall be free to appoint any councilmember for the balance of that term, but upon the conclusion of that term the rotational selection process shall again be employed in the same order as if the vacated incumbent had served a full term. (d) The selection of mayor pro tempore shall be in accordance with the same criteria as provided above, with the exception that the mayor pro tempore shall be the person with the next greatest qualifications. 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 37

38 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, ATTEST: Rick Miller City Clerk Michael Vo Mayor APPROVED AS TO FORM: HARPER & BURNS LLP Colin Burns Attorney for the City 38

39 39

40 CITY COUNCIL POLICY PARLIMENTARY PROCEDURES ISSUE: PARLIMENTARY PROCEDURES FOR CITY COUNCIL MEETINGS PURPOSE: It is the policy of the City that City Council meetings are open, public, and conducted in compliance with state and federal law, and the municipal code. This policy is meant to ensure openness and provide clarity for the Council, staff, and the public on procedural matters at City Council meetings. This policy is advisory. The parliamentarian may deviate from this policy for good cause. Good cause means a lawful reason. Examples of good cause include complying with state or federal law or promoting efficiency. Matters that do not constitute good cause include disagreement with the speaker or the message. MUNICIPAL CODE: This policy is meant to supplement, and is subordinate to, the Fountain Valley Municipal Code, which contains the City s codified rules for conducting public hearings. PARLIMENTARY PROCEDURES: Parliamentarian The presiding officer (F.V.M.C ) shall act as parliamentarian. Agenda Meetings shall be agendized in compliance with the Ralph M. Brown Act (Gov. Code et seq.). The City Manager has discretion to determine the order at which items are placed on the meeting agenda. The parliamentarian may change the order of items to be heard during the meeting for any reason. Presentations Any Council Member may make a presentation to any group or person. The Council Member may request the City Clerk add a presentation to the agenda at any time (subject to the Brown Act) without a second from another Council Member. 40

41 City Council Policy Parliamentary Procedures for City Council Meetings Page 2 Public Requests to Speak Persons wishing to speak shall fill out a speaker card and hand it to the City Clerk before Council consideration of the item. Persons wishing to speak before the City Council must be physically present. A person may submit written comments to the City Clerk before the meeting. The City Clerk will endeavor to provide the written comments to the Council and make them available for public inspection. The City Clerk is not required to read written comments out loud during the meeting. Speaker Time Limits Fountain Valley Municipal Code section allows each person three minutes to address the Council. This three-minute limit does not apply to the applicant or other person/entity that is the direct subject of an agendized item. The three-minute limit applies to each agendized item. Members of the public shall have three minutes to speak on each agendized item. A person commenting on an agendized item shall limit his or her remarks to that item. The parliamentarian may reduce the three-minute allotment for other agendized matters or unagendized matters discussed by a member of the public during comment on a different agendized item. If an agendized item will receive such a large number of requests to speak that the parliamentarian determines, in his or her reasonable discretion, that public comment will exceed 45 minutes, the parliamentarian may reduce the time each speaker has to comment on the item, limit the total time for public comment on the item, or both. When the total time for public comment on an item has been limited, speakers will be granted an opportunity to speak in the order that speaker cards are received by the City Clerk, until the total time for public comment on the item has expired. Each member of the public shall also be permitted a total of three minutes to speak on unagendized matters during public comment unagendized matters. Consent Calendar Persons wishing to speak on a consent calendar item shall have three-minutes per consent calendar item that they wish to speak on. Only a Council Member has authority to pull an item from the consent calendar for discussion. If an item is pulled for discussion, public comment will be heard before 41 2

42 City Council Policy Parliamentary Procedures for City Council Meetings Page 3 consideration of that item. If an item is not pulled from the consent calendar, public comment on the item shall be heard before consideration of the consent calendar. 42 3

43 CITY OF FOUNTAIN VALLEY CITY COUNCIL COUNCIL ACTION REQUEST To: Honorable Mayor and Agenda Date: March 20, 2018 Members of the City Council SUBJECT: PUBLIC HEARING AND APPROVAL OF ORDINANCE ADOPTING THE COUNTY S ANIMAL CONTROL ORDINANCE BY REFERENCE EXECUTIVE SUMMARY Orange County recently amended its animal control ordinance. The County enforces the animal control ordinance in the City and requires that we adopt the County ordinance by reference for uniform enforcement. Although our current ordinance provides that we have adopted the County ordinance as the same may be hereafter amended, we recommend formal adoption of the new County ordinance. DISCUSSION: The City of Fountain Valley previously adopted the County animal control ordinance by reference. The County requires that the City adopt the County s animal control ordinance for uniform enforcement, including the penalty provisions. The City s current Chapter 7.04 does not include all of the penalty provisions suggested by the County to be adopted. In addition, the County recently amended multiple sections of its animal control ordinance. This ordinance re-adopts the County s animal control ordinance to ensure that the amendments are effective in the City as well as the penalty provision. Pursuant to Government Code sections et seq., the City is required to follow a specific procedure when adopting an ordinance by reference that is not required by law. Government Code section specifically requires cities follow this procedure when adopting by reference county ordinances. The first reading is the introduction of the ordinance. This occurred on March 6, The second reading requires a public hearing with notice published in the newspaper 1. The ordinance can be adopted after the public hearing at the second reading 2. This meeting is the second reading. After the public hearing, we recommend adopting this ordinance. 1 Gov. Code Gov. Code

44 City Council Request Ordinance Adopting County Animal Control Ordinance March 20, 2018 Page 2 FINANCIAL ANALYSIS No Fiscal Impact. PUBLIC NOTIFICATION Public notice was published in the Orange County Register a minimum of 10 days prior to the public hearing on March 20, Public notice was also posted at City Hall, the Recreation Center, and the Fountain Valley Library. ALTERNATIVES 1. After the public hearing, approve an ordinance adopting the County s animal control ordinance by reference. 2. Do not approve an ordinance adopting the County s animal control ordinance by reference. The County will continue to enforce the animal control laws but, prosecution may be difficult because the enforcement officer will have to learn two different sets of laws. RECOMMENDED ACTION Staff recommends the City Council approve Alternative #1: After the public hearing, approve an ordinance adopting the County s animal control ordinance by reference. Prepared by: Reviewed by: Reviewed by: Reviewed by: Approved By: Alexandra Halfman Colin Burns, Attorney for the City Kevin Childe, Police Chief Jason Al-Imam, Finance Director - Treasurer Rob Houston, City Manager Attachment No 1: Ordinance adopting the County s animal control ordinance by reference 44

45 ORDINANCE NO. 18- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FOUNTAIN VALLEY AMENDING CHAPTER 7 OF THE FOUNTAIN VALLEY MUNICIPAL CODE AND ADOPTING BY REFERENCE DIVISION 1 OF TITLE 4; ARTICLE 1 OF DIVISION 1 OF TITLE 5; SECTIONS AND of ARTICLE 2 OF DIVISION 1 OF TITLE 5; ARTICLE 3 OF DIVISION 1 OF TITLE 5; DIVISION 2 OF TITLE 5; AND ARTICLE 17 OF DIVISION 3 OF TITLE 5 OF THE CODIFIED ORDINANCES OF THE COUNTY OF ORANGE WHEREAS, the City of Fountain Valley has for many years adopted the County of Orange s Animal Control laws as controlling law in the City; and WHEREAS, the City Council is aware that the County of Orange has amended numerous sections of its Animal Control laws; and WHEREAS, the City Council wishes to specifically adopt the County s Animal Control laws, including the amendments; and WHEREAS, this ordinance has been noticed in accordance with Government Code sections 6066 and NOW, THEREFORE, the City Council of the City of Fountain Valley does hereby ordain as follows: Section 1. modified to read: That Fountain Valley Municipal Code Chapter 7.04 is hereby Chapter 7.04 County Ordinance Adopted County Animal Control Laws Adopted. Subject to the particular additions, deletions, and amendments hereinafter set forth in this Chapter, the rules, regulations and conditions of the Codified Ordinances of the County of Orange as contained in: (a) Division 1 of Title 4; (b) Article 1 of Divisions 1 of Title 5; (c) Sections and of Article 2 of Division 1 of Title 5; (d) Article 3 of Division 1 of Title 5; (e) Division 2 of Title 5; and (d) Article 17 of Division 3 of Title 5; as may be amended from time to time by the Board of Supervisors of the County of Orange, California, as well as such other regulations adopted by the Board of Supervisors concerning animal control, including those which relate to fees, are adopted by reference 45

46 under the authority of Sections through of the Government Code of the State of California and made a part hereof as though fully set forth herein as part of the Fountain Valley Municipal Code and the same are hereby established and adopted as the rules, regulations, provisions, and conditions to be observed and followed to govern animal control, welfare, and license requirements in the City of Fountain Valley. One full copy of the above-specified provisions of the Codified Ordinances of the County of Orange, certified to be a true copy by the City Clerk of the City of Fountain Valley is to be kept on file at the office of the City Clerk of the City of Fountain Valley for public inspection Amendments. The ordinances adopted hereby are intended to apply to animal control and regulation within the jurisdiction of the City of Fountain Valley in the same manner as they apply to animal control and regulation within the unincorporated area of the County of Orange. Therefore, the ordinances adopted hereby shall be amended as necessary to achieve that goal, including amending references to the County or the unincorporated area of the County to references to the City of Fountain Valley, as necessary to achieve that goal. Only those provisions of Title 5 of the Orange County Ordinances relevant to animal related facilities including animal exhibitions, animal rental establishments, animal rescuers, commercial stables, grooming parlors, kennels, and pet shops are adopted hereby Penalties. (a) Any person who violates any provision of this Chapter shall be guilty of an infraction, except as otherwise provided in subsection (b) below. (b) Any person who violates any provision of Sections , , or of Division 1 of Title 4 or any provision of Title 5 of the Codified Ordinances of Orange County adopted hereby is guilty of a misdemeanor. Moreover, any person who violates any other provisions of Division 1 of Title 4 the Codified Ordinances of Orange County and the violation occurs within one (1) year of the occurrence of two (2) other separate violations of this division by that person is guilty of a misdemeanor. Each day on which a violation occurs or continues shall constitute a separate offense. (c) Any license required by Article 4, Division 1 of Title 4 of the Codified Ordinances of the County of Orange not purchased or renewed within fifteen (15) days after expiration, or the date on which they come due, shall be considered delinquent and a late fee as determined by resolution of the Board of Supervisors shall be added to the cost of the new license. The Director may waive the above late fee if the Director determines the applicant made a reasonable effort to comply with the above deadline. (d) Any person convicted of a misdemeanor for a violation of any of the provisions of this Chapter shall, unless otherwise specifically provided in this Chapter or by statute, be punishable by a fine of not more than one thousand dollars ($1,000.00) or by imprisonment in the County Jail for a period of not more than six (6) months or by both such fine and imprisonment. 46

47 (e) Any person convicted of an infraction for a violation of any of the provisions of this Chapter shall, unless otherwise specifically provided in Chapter or by statute, be punishable by: (1) A fine not exceeding one hundred dollars ($100.00) for a first violation; (2) A fine not exceeding two hundred dollars ($200.00) for a second violation of the same Code provision within a period of one year; (3) A fine not exceeding five hundred dollars ($500.00) for each additional violation of the same Code provision within one year. (f) An infraction is not punishable by imprisonment. A person charged with an infraction shall not be entitled to a trial by jury. A person charged with an infraction shall not be entitled to have the public defender or other counsel appointed at public expense to represent him or her unless he or she is arrested and not released on his or her written promise to appear, his or her own recognizance or a deposit of bail. (g) Except as otherwise provided by law, all provisions of law relating to misdemeanors shall apply to infractions including, but not limited to, powers of peace officers, jurisdiction of courts, periods for commencing action and for bringing a case to trial and burden of proof. (h) Barking dog and Animal Nuisance civil fines. Fines for violating the provisions of Subarticle 2 of Article 2 of Division 1 of Title 4 of the Codified Ordinances of Orange County shall be as follows: (1) Fine for first offense (per citation) $ (2) Fine for second offense within same twelve-month period (per citation) $ (3) Fine for third offense within same twelve-month period (per citation) $ (4) Fine for fourth offense within same twelve-month period (per citation) $ (5) Fine for fifth offense within same twelve-month period (per citation) $ (6) Fine for sixth and subsequent offense within same twelve-month period (per citation) $ In the event that a fine imposed under the authority granted by said Subarticle 2 of Article 2 of Division 1 of Title 4 remains unpaid for thirty (30) days after it is due and payable pursuant to Section of the Codified Ordinances of Orange County, an amount equal to the fine shall be added as a late penalty and the late penalty and fine shall become due immediately. If a Hearing Officer upholds the issuance of a citation in an administrative hearing, the late penalty will be assessed if the fine is not paid within thirty (30) days from the conclusion of the hearing. Failure to timely remit payment of a citation fine and/or late penalty authorized pursuant to said Section will result in criminal liability and a warrant may be issued for a violator's arrest. Nonpayment of such fine and/or late penalty shall be a misdemeanor punishable by a fine of not more than one thousand dollars ($1,000) or by imprisonment in the County jail for a period of not more than six (6) months or by both such fine and imprisonment. The City at its discretion may pursue any and all legal and equitable remedies for the collection of unpaid fines and late penalties. Pursuit of one remedy does not preclude the pursuit of any other 47

48 remedies until the total fines and late penalties owed by a violator under this subarticle have been collected. Section 2. 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 be subsequently declared invalid or unconstitutional. 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, ATTEST: Rick Miller City Clerk Mayor APPROVED AS TO FORM: HARPER & BURNS LLP Attorneys for the City 48

49 ORDINANCE NO. 18- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FOUNTAIN VALLEY AMENDING CHAPTER 7 OF THE FOUNTAIN VALLEY MUNICIPAL CODE AND ADOPTING BY REFERENCE DIVISION 1 OF TITLE 4; ARTICLE 1 OF DIVISION 1 OF TITLE 5; SECTIONS AND of ARTICLE 2 OF DIVISION 1 OF TITLE 5; ARTICLE 3 OF DIVISION 1 OF TITLE 5; DIVISION 2 OF TITLE 5; AND ARTICLE 17 OF DIVISION 3 OF TITLE 5 OF THE CODIFIED ORDINANCES OF THE COUNTY OF ORANGE WHEREAS, the City of Fountain Valley has for many years adopted the County of Orange s Animal Control laws as controlling law in the City; and WHEREAS, the City Council is aware that the County of Orange has amended numerous sections of its Animal Control laws; and WHEREAS, the City Council wishes to specifically adopt the County s Animal Control laws, including the amendments; and WHEREAS, this ordinance has been noticed in accordance with Government Code sections 6066 and NOW, THEREFORE, the City Council of the City of Fountain Valley does hereby ordain as follows: Section 1. modified to read: That Fountain Valley Municipal Code Chapter 7.04 is hereby Chapter 7.04 County Ordinance Adopted County Animal Control Laws Adopted. Subject to the particular additions, deletions, and amendments hereinafter set forth in this Chapter, the rules, regulations and conditions of the Codified Ordinances of the County of Orange as contained in: (a) Division 1 of Title 4; (b) Article 1 of Divisions 1 of Title 5; (c) Sections and of Article 2 of Division 1 of Title 5; (d) Article 3 of Division 1 of Title 5; (e) Division 2 of Title 5; and (d) Article 17 of Division 3 of Title 5; as may be amended from time to time by the Board of Supervisors of the County of Orange, California, as well as such other regulations adopted by the Board of Supervisors concerning animal control, including those which relate to fees, are adopted by reference 49

50 under the authority of Sections through of the Government Code of the State of California and made a part hereof as though fully set forth herein as part of the Fountain Valley Municipal Code and the same are hereby established and adopted as the rules, regulations, provisions, and conditions to be observed and followed to govern animal control, welfare, and license requirements in the City of Fountain Valley. One full copy of the above-specified provisions of the Codified Ordinances of the County of Orange, certified to be a true copy by the City Clerk of the City of Fountain Valley is to be kept on file at the office of the City Clerk of the City of Fountain Valley for public inspection Amendments. The ordinances adopted hereby are intended to apply to animal control and regulation within the jurisdiction of the City of Fountain Valley in the same manner as they apply to animal control and regulation within the unincorporated area of the County of Orange. Therefore, the ordinances adopted hereby shall be amended as necessary to achieve that goal, including amending references to the County or the unincorporated area of the County to references to the City of Fountain Valley, as necessary to achieve that goal. Only those provisions of Title 5 of the Orange County Ordinances relevant to animal related facilities including animal exhibitions, animal rental establishments, animal rescuers, commercial stables, grooming parlors, kennels, and pet shops are adopted hereby Penalties. (a) Any person who violates any provision of this Chapter shall be guilty of an infraction, except as otherwise provided in subsection (b) below. (b) Any person who violates any provision of Sections , , or of Division 1 of Title 4 or any provision of Title 5 of the Codified Ordinances of Orange County adopted hereby is guilty of a misdemeanor. Moreover, any person who violates any other provisions of Division 1 of Title 4 the Codified Ordinances of Orange County and the violation occurs within one (1) year of the occurrence of two (2) other separate violations of this division by that person is guilty of a misdemeanor. Each day on which a violation occurs or continues shall constitute a separate offense. (c) Any license required by Article 4, Division 1 of Title 4 of the Codified Ordinances of the County of Orange not purchased or renewed within fifteen (15) days after expiration, or the date on which they come due, shall be considered delinquent and a late fee as determined by resolution of the Board of Supervisors shall be added to the cost of the new license. The Director may waive the above late fee if the Director determines the applicant made a reasonable effort to comply with the above deadline. (d) Any person convicted of a misdemeanor for a violation of any of the provisions of this Chapter shall, unless otherwise specifically provided in this Chapter or by statute, be punishable by a fine of not more than one thousand dollars ($1,000.00) or by imprisonment in the County Jail for a period of not more than six (6) months or by both such fine and imprisonment. 50

51 (e) Any person convicted of an infraction for a violation of any of the provisions of this Chapter shall, unless otherwise specifically provided in Chapter or by statute, be punishable by: (1) A fine not exceeding one hundred dollars ($100.00) for a first violation; (2) A fine not exceeding two hundred dollars ($200.00) for a second violation of the same Code provision within a period of one year; (3) A fine not exceeding five hundred dollars ($500.00) for each additional violation of the same Code provision within one year. (f) An infraction is not punishable by imprisonment. A person charged with an infraction shall not be entitled to a trial by jury. A person charged with an infraction shall not be entitled to have the public defender or other counsel appointed at public expense to represent him or her unless he or she is arrested and not released on his or her written promise to appear, his or her own recognizance or a deposit of bail. (g) Except as otherwise provided by law, all provisions of law relating to misdemeanors shall apply to infractions including, but not limited to, powers of peace officers, jurisdiction of courts, periods for commencing action and for bringing a case to trial and burden of proof. (h) Barking dog and Animal Nuisance civil fines. Fines for violating the provisions of Subarticle 2 of Article 2 of Division 1 of Title 4 of the Codified Ordinances of Orange County shall be as follows: (1) Fine for first offense (per citation) $ (2) Fine for second offense within same twelve-month period (per citation) $ (3) Fine for third offense within same twelve-month period (per citation) $ (4) Fine for fourth offense within same twelve-month period (per citation) $ (5) Fine for fifth offense within same twelve-month period (per citation) $ (6) Fine for sixth and subsequent offense within same twelve-month period (per citation) $ In the event that a fine imposed under the authority granted by said Subarticle 2 of Article 2 of Division 1 of Title 4 remains unpaid for thirty (30) days after it is due and payable pursuant to Section of the Codified Ordinances of Orange County, an amount equal to the fine shall be added as a late penalty and the late penalty and fine shall become due immediately. If a Hearing Officer upholds the issuance of a citation in an administrative hearing, the late penalty will be assessed if the fine is not paid within thirty (30) days from the conclusion of the hearing. Failure to timely remit payment of a citation fine and/or late penalty authorized pursuant to said Section will result in criminal liability and a warrant may be issued for a violator's arrest. Nonpayment of such fine and/or late penalty shall be a misdemeanor punishable by a fine of not more than one thousand dollars ($1,000) or by imprisonment in the County jail for a period of not more than six (6) months or by both such fine and imprisonment. The City at its discretion may pursue any and all legal and equitable remedies for the collection of unpaid fines and late penalties. Pursuit of one remedy does not preclude the pursuit of any other 51

52 remedies until the total fines and late penalties owed by a violator under this subarticle have been collected. Section 2. 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 be subsequently declared invalid or unconstitutional. 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, ATTEST: Rick Miller City Clerk Mayor APPROVED AS TO FORM: HARPER & BURNS LLP Attorneys for the City 52

53 CITY OF FOUNTAIN VALLEY CITY COUNCIL ACTION REQUEST TO: Honorable Mayor and Members Agenda Date: March 20, 2018 of the City Council SUBJECT: Introduction and First Read of an Ordinance Amending the Definition of Single-family dwellings In Section (19) of the Fountain Valley Municipal Code EXECUTIVE SUMMARY: Proposed for City Council Introduction and First Read is an Ordinance amending the definition of Single-family dwellings in the Municipal Code, by deleting the word /or. DISCUSSION: The City s development (zoning) code defines uses that are permitted in each zone. One use permitted in certain residential zones is Single-family dwellings. Section (19) of the code defines Single-family dwellings as: Single-family dwellings means a building designed for and/or occupied exclusively by one family. Also includes factory-built, modular housing units, constructed in compliance with the uniform building code (U.B.C.), and mobile homes/manufactured housing on permanent foundations. May include the rental of rooms within a dwelling also occupied by the property owner or a primary tenant. (emphasis added) The intent of this definition is to limit single family dwellings to those designed for and used by one family. Therefore, the /or is surplusage, and creates confusion in how the ordinance should be applied. Therefore, staff asks the Council to amend the definition by deleting the /or. After amendment, the ordinance will read building designed for and occupied exclusively by one family. This amendment is declaratory of existing law and does not change the application of the ordinance by staff. The amendment is consistent with how the law has been interpreted and applied to date. 53

54 City Council Action Request Ordinance Amending the Definition of Single-family dwellings March 20, 2018 Page 2 On February 14, 2018, the Planning Commission adopted Resolution recommending Council approval of this ordinance. ALTERNATIVES: Alternative No.1: Approve the Introduction-First Read of the ordinance amending the definition of Single-family dwellings and place the ordinance on the next regular agenda for Adoption-Second Read. Alternative No. 2: Do not approve the proposed ordinance. This action is not recommended as the definition requires clarification. FINANCIAL ANALYSIS: There is no cost anticipated with adoption of this ordinance. RECOMMENDATION: Staff recommends Alternative No.1: Approve the Introduction-First Read of the ordinance amending the definition of Single-family dwellings and place the ordinance on the next regular agenda for Adoption-Second Read. PUBLIC NOTIFICATION: This item was agendized in compliance with the Brown Act and was noticed as a public hearing. RECOMMENDATION: Prepared By: Approved By: Fiscal Review by: Approved By: Colin Burns, Attorney for the City Matt Mogensen, Director of Planning and Building Jason Al-Imam, Finance Director-City Treasurer Rob Houston, City Manager Attachment 1: Proposed Ordinance 54

55 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FOUNTAIN VALLEY AMENDING THE DEFINITION OF SINGLE- FAMILY DWELLINGS IN SECTION (19) OF THE FOUNTAIN VALLEY MUNICIPAL CODE WHEREAS, the City of Fountain Valley Development Code (Title 21) contains City zoning regulations; and WHEREAS, the Development Code defines certain terms and phrases in Section ; and WHEREAS, one such defined phrase is Single-family dwellings ; and WHEREAS, the definition of Single-family dwellings currently characterizes such use as one involving a building designed for and/or occupied exclusively by one family; and WHEREAS, the intent of the definition of Single-family dwellings is to limit such use to buildings that are designed for and used exclusively by one family; and WHEREAS, this ordinance will delete the /or from the definition of Single-family dwellings to reiterate that such use requires a building designed for and occupied exclusively by one family; and WHEREAS, this ordinance is declaratory of existing law; and WHERAS, 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 WHEREAS, the Planning Commission held a duly noticed public hearing on February 14, 2018 at which time it considered all evidence presented, both written and oral, and at the end of the hearing voted to recommend that the City Council adopt this ordinance. 55

56 NOW, THEREFORE, the City Council of the City of Fountain Valley does hereby ORDAIN as follows: Section 1. That the definition of Single-family dwellings in Section (19) Definitions S shall be amended to read as follows: Single-family dwellings means a building designed for and occupied exclusively by one family. Also includes factory-built, modular housing units, constructed in compliance with the uniform building code (U.B.C.), and mobile homes/manufactured housing on permanent foundations. May include the rental of rooms within a dwelling also occupied by the property owner or a primary tenant. 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. /// /// /// /// /// /// /// 56

57 PASSED AND ADOPTED by the City Council of the City of Fountain Valley at a regular meeting this day of, ATTEST: Rick Miller City Clerk Michael Vo Mayor APPROVED AS TO FORM: HARPER & BURNS LLP Colin Burns Attorney for the City 57

58 CITY OF FOUNTAIN VALLEY CITY COUNCIL COUNCIL ACTION REQUEST To: Honorable Mayor and Agenda Date: March 20, 2018 Members of the City Council SUBJECT: 2017 Annual State Housing Element Progress Report EXECUTIVE SUMMARY: Government Code Section requires each governing body (City Council) to prepare an annual report on the status and progress in implementing the jurisdiction s housing element of the general plan using forms and definitions adopted by the California Department of Housing and Community Development. The reporting period for the annual report shall be the calendar year immediately preceding the April 1 reporting deadline. Staff has completed the report on the prescribed State forms and attached a copy of the report to the Council Action Request. The report addresses the progress in meeting the City s Regional Housing Needs Assessment (RHNA) allocation. The report also addresses the progress to remove governmental constraints to the maintenance, improvement and development of affordable housing. The largest constraint to the development of affordable housing is the demise of redevelopment funding. Redevelopment funds were the largest provider of funding for affordable housing outside programs supplied by the Federal government. It will be very difficult to achieve the RHNA production for the lower income categories without another form of funding. Staff recommends the City Council review the Housing Element Annual Progress Report and authorizes the City Manager to forward it to the California Department of Housing and Community Development and the Governor s Office. DISCUSSION: The Housing Element Annual Progress Report is a reporting document that is required by Government Code Section It requires each governing body (City Council) to prepare an annual report on the status and progress in implementing the jurisdiction s housing element of the general plan using forms and definitions adopted by the California Department of Housing and Community Development. The report addresses the progress to remove governmental constraints to the maintenance, improvement and development of affordable housing. 58

59 Council Action Request March 20, Housing Element Update Page 2 The report also shows the City s annual progress of their goals as outlined in their Housing Element. One of the main features of the report is the tracking of progress on the Regional Housing Needs Assessment (RHNA) allocation. The attached report shows that the City is making strides toward meeting its required production of above-moderate income units for the planning period. The RHNA goal for above-moderate income units is 151 and 102 units have been completed as of this plan period. The new state requirements regarding the building of Accessory Dwelling Units (ADU s) in residential zones has resulted in a substantial increase in the issuance of building permits for ADU s in the city. The Department of Housing and Community Development allows ADU s to be counted as new housing units. They will also allow you to count the ADU s, without any deed restrictions, as very low, low, or moderate income units if a survey of comparable units show that ADU s are affordable to lower income levels or if rent or market conditions show that local rents meet affordability limits. An informal rent survey of apartments in Fountain Valley show that the majority of rents meet the affordability requirement for moderate- income level so the six (6) ADU s permitted in 2017 may be counted as moderate income housing units. The RHNA goal for very low and low income units will be very difficult to develop without a funding source to provide the affordability gap financing that was once provided by redevelopment funds. State law changed in 2015 requiring that a copy of the Housing Successor annual report be forwarded to the State Department of Housing and Community Development along with the Housing Element Annual Progress Report. Both reports have been included as attachments. Staff recommends the City Council to review the attached Housing Element Annual Progress Report and authorize the City Manager to forward it to the California Department of Housing and Community Development and the Governor s Office of Planning and Research. FINANCIAL ANALYSIS There is no financial impact for submitting this report, but the submission of this report is a pre-requisite to keep the current housing element certified. ATTORNEY REVIEW: City Attorney review is not required for this item. 59

60 Council Action Request March 20, Housing Element Update Page 3 ALTERNATIVES: 1. Review the Housing Element Annual Progress Report and authorize the City Manager to forward it to the California Department of Housing and Community Development and the Governor s Office of Planning and Research. 2. Do not authorize the City Manager to forward it to the California Department of Housing and Community Development and the Governor s Office of Planning and Research. 3. Continue for further review. RECOMMENDATION: Staff recommends Alternative #1 - Review the Housing Element Annual Progress Report and authorizes the City Manager to forward it to the California Department of Housing and Community Development and the Governor s Office of Planning and Research. Prepared By: Approved By: Fiscal Review by: Approved By: Ashlyn Newman, Housing Analyst Matt Mogensen, Planning and Building Director Jason Al-Imam, Finance Director/ Treasurer Rob Houston, City Manager/Executive Director Attachment 1: Annual Element Progress Report Attachment 2: Housing Successor Annual Report 60

61 ANNUAL ELEMENT PROGRESS REPORT Housing Element Implementation (CCR Title ) Attachment 1 page 1 of 5 Jurisdiction City of Fountain Valley Reporting Period Date 1/1/ Date 12/31/2017 Table A Annual Building Activity Report Summary - New Construction Very Low-, Low-, and Mixed-Income Multifamily Projects Housing Development Information Housing with Financial Assistance and/or Deed Restrictions Housing without Financial Assistance or Deed Restrictions a Project Identifier (may be APN No., project name or address) Unit Category Tenure R=Renter O=Owner Very Low- Income Affordability by Household Incomes Low- Income Moderate- Income Total Units per Project Est. # Infill Units* Assistance Programs for Each Development Deed Restricted Units Above Moderate- Income See Instructions See Instructions Note below the number of units determined to be affordable without financial or deed restrictions and attach an explanation how the jurisdiction determined the units were affordable. Refer to instructions. None (9) Total of Moderate and Above Moderate from Table A (10) Total by income Table A/A (11) Total Extremely Low-Income Units* * Note: These fields are voluntary 61

62 Attachment 1 page 2 of 5 ANNUAL ELEMENT PROGRESS REPORT Housing Element Implementation (CCR Title ) Jurisdiction City of Fountain Valley Reporting Period Date 1/1/ Date 12/31/2017 Table A2 Annual Building Activity Report Summary - Units Rehabilitated, Preserved and Acquired pursuant to GC Section (c)(1) Please note: Units may only be credited to the table below when a jurisdiction has included a program it its housing element to rehabilitate, preserve or acquire units to accommodate a portion of its RHNA whichmeet the specific criteria as outlined in GC Section (c)(1) Activity Type Extremely Low- Income* Affordability by Household Incomes Very Low- Income Low- Income TOTAL UNITS (4) The Description should adequately document how each unit complies with subsection (c )(7) of Government Code Section (1) Rehabilitation Activity 0 None (2) Preservation of Units At-Risk 0 (3) Acquisition of Units 0 (5) Total Units by Income * Note: This field is voluntary Table A3 Annual building Activity Report Summary for Above Moderate-Income Units (not including those units reported on Table A) 1. Single Family Units Units 4. Second Unit 5. Mobile Homes 6. Total 7. Number of infill units* No. of Units Permitted for Moderate 6 6 No. of Units Permitted for Above Moderate 8 8 * Note: This field is voluntary 62

63 ANNUAL ELEMENT PROGRESS REPORT Housing Element Implementation (CCR Title ) Attachment 1 page 3 of 5 Jurisdiction City of Fountain Valley Reporting Period Date 1/1/ Date 12/31/2017 Table B Regional Housing Needs Allocation Progress Permitted Units Issued by Affordability Enter Calendar Year starting with the first year of the RHNA allocation period. See Example. Very Low Low Moderate Income Level Deed Restricted Non-deed restricted Deed Restricted Non-deed restricted Deed Restricted Non-deed restricted RHNA Allocation by Income Level Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 Year 8 Year 9 Total Units to Date (all years) Total Remaining RHNA by Income Level Above Moderate Total RHNA by COG. Enter allocation number: Total Units 358 Remaining Need for RHNA Period Note: units serving extremly low-income households are included in the very low-income permitted units totals

64 ANNUAL ELEMENT PROGRESS REPORT Housing Element Implementation (CCR Title ) Attachment 1 page 4 of 5 Jurisdiction City of Fountain Valley Reporting Period Date 1/1/ Date 12/31/2017 Program Description (By Housing Element Program Names) Home Improvement Program Name of Program Table C Program Implementation Status Housing Programs Progress Report - Government Code Section Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element. Objective 16 Grants or Rebate/ 10 Energy Grants per year Timeframe in H.E. Annually Status of Program Implementation 6 Grants/ 3 Rebates/ 3 loans that included energy items Infrastructure Improvement Program Coordinate infrastructure Improvements Ongoing Staff continues to coordinate infrastructure improvements citywide Lead Based Paint Hazard Grant Program 5 Grants per Year Annually 2 units tested for Lead Based Paint Hazards Provision of Adequate Sites Rezone vacant and underutilized Property 1st Planning Year Housing Overlay Zones created October 15, 2013 (HO1 and HO2) Review Residential Development Standards Review and revise standards as necessary Review by 2015 Residential Development Standards reviewed. No change needed currently. South Island Project Mt. Hope Specific Plan Area/Rancho Las Bolsas Project cancelled 2021 Housing Choice Vouchers Assist 460 Households through Section 8 Program Annually Affordable Housing Monitoring and Preservation Monitor and preserve 71 at risk units Ongoing Ongoing City has entered into an Exclusive Negotiating Agreement with an affordable housing developer to develop 60 units of affordable workforce housing. Project cancelled and property sold due to title restrictions. An assisted living facility is contracted to be built on the site. OCHA assisted 453 with 1180 on the waiting list Guadalupe Manor is no longer at risk as their Section 108 and 202 contracts have been extended. Support Homeless Services Support Homeless Services, Coordination Ongoing Provided assistance to Interval Housing Temporary Shelter (assisted 66) Promote Affordable Housing Explore alternative funding and Financing Sources Promote Fair Housing Practices throughout the City Support Persons with Disabilities 60 New Units affordable to low and very low households Support and encourage development of affordable housing Funding and financing for housing development Support Fair Housing Services Housing and services for persons with disabilities Ongoing Ongoing Accessibility Modifications for Persons with Disabilities 1 CDBG grant per year as funding allows Annually 2021 Ongoing Staff continues to support and encourage development of affordable housing Citywide Staff continues to explore funding opportunities for affordable housing development citywide Partnered with Fair Housing Council of Orange County with Fair Housing/Tenant/Landlord disputes (assisted 99) Partnered with the Regional Center of OC and Elwyn California for case management ADA restroom improvements completed at Mile Square Park Recreation Center. Public Works has completed curb cuts and upgrades as part of pavement projects 64

65 ANNUAL ELEMENT PROGRESS REPORT Housing Element Implementation (CCR Title ) Attachment 1 page 5 of 5 Jurisdiction City of Fountain Valley Reporting Period Date 1/1/ Date 12/31/2017 General Comments: The elimination of redevelopment and the subsequent passage of restrictions in SB 341 and other legislation has significantly reduced the housing opportunities that the housing successor can offer the low income residents of their city. The City is currently in negotiations with an Affordable Housing Developer to build a 60 unit apartment complex for low and extremely low income families and, if approved, anticipate to begin leasing in

66 HOUSING SUCCESSOR ANNUAL REPORT REGARDING THE LOW AND MODERATE INCOME HOUSING ASSET FUND FOR FISCAL YEAR PURSUANT TO CALIFORNIA HEALTH AND SAFETY CODE SECTION (f) FOR THE FOUNTAIN VALLEY HOUSING AUTHORITY This Housing Successor Annual Report (Report) regarding the Low and Moderate Income Housing Asset Fund (LMIHAF) has been prepared pursuant to California Health and Safety Code Section (f) and is dated as of November 21, This Report sets forth certain details of the Fountain Valley Housing Authority (Housing Successor) activities during Fiscal Year (Fiscal Year). The purpose of this Report is to provide the governing body of the Housing Successor an annual report on the housing assets and activities of the Housing Successor under Part 1.85, Division 24 of the California Health and Safety Code, in particular sections and (Dissolution Law). The following Report is based upon information prepared by Housing Successor staff and information contained within the financial records of the Low and Moderate Income Housing Asset Fund 85 for Fiscal Year This Report conforms with and is organized into sections I. through XIII, inclusive, pursuant to Section (f) of the Dissolution Law: I. Amount Received Pursuant to Section (b)(3)(A): This section provides a total amount of funds received pursuant to Section (b)(3)(A). II. III. IV. Amount Deposited into LMIHAF: This section provides the total amount of funds deposited into the LMIHAF during the Fiscal Year. Any amounts deposited for items listed on the Recognized Obligation Payment Schedule (ROPS) must be distinguished from the other amounts deposited. Ending Balance of LMIHAF: This section provides a statement of the balance in the LMIHAF as of the close of the Fiscal Year. Any amounts deposited for items listed on the ROPS must be distinguished from the other amounts deposited. Description of Expenditures from LMIHAF: This section provides a description of the expenditures made from the LMIHAF during the Fiscal Year. The expenditures are to be categorized. V. Statutory Value Of Assets Owned By Housing Successor In LMIHAF: Under the Dissolution Law and for purposes of this Report, the statutory value of real property means the value of properties formerly held by the former redevelopment agency as listed on the housing asset transfer schedule approved by the Department of Finance as listed in such schedule under Section 34176(a)(2), the value of the properties transferred to the Housing Successor pursuant to Section 34181(f), and the purchase price of property(ies) purchased by the Housing Successor. Further, the value of loans and grants receivable is included in these reported assets held in the LMIHAF. Fountain Valley Housing Authority Page 1 66

67 VI. Description of Transfers: This section describes transfers, if any, to another housing successor agency made in previous Fiscal Year(s), including whether the funds are unencumbered and the status of projects, if any, for which the transferred LMIHAF will be used. The sole purpose of the transfers must be for the development of transit priority projects, permanent supportive housing, housing for agricultural employees or special needs housing. VII. Project Descriptions: This section describes any project for which the Housing Successor receives or holds property tax revenue pursuant to the ROPS and the status of that project. VIII. Status of Compliance with Section : This section provides a status update on compliance with Section for interests in real property acquired by the former redevelopment agency prior to February 1, For interests in real property acquired on or after February 1, 2012, provide a status update on the project. IX. Description of Outstanding Obligations under Section 33413: This section describes the outstanding inclusionary and replacement housing obligations, if any, under Section that remained outstanding prior to dissolution of the former redevelopment agency as of February 1, 2012 along with the Housing Successor s progress in meeting those prior obligations, if any, of the former redevelopment agency and how the Housing Successor s plans to meet unmet obligations, if any. X. Income Test: This section provides the information required by Section (a)(3)(B), or a description of expenditures by income restriction for five year period, with the time period beginning January 1, 2014 and whether the statutory thresholds have been met. However, reporting of the Income Test is not required until XI. Senior Housing Test: This section provides the percentage of units of deedrestricted rental housing restricted to seniors and assisted individually or jointly by the Housing Successor, its former redevelopment Agency, and its host jurisdiction within the previous 10 years in relation to the aggregate number of units of deed-restricted rental housing assisted individually or jointly by the Housing Successor, its former Redevelopment Agency and its host jurisdiction within the same time period. For this Report the ten-year period reviewed is July 1, June 30, XII. Excess Surplus Test: This section provides the amount of excess surplus in the LMIHAF, if any, and the length of time that the Housing Successor has had excess surplus, and the Housing Successor s plan for eliminating the excess surplus. XIII. Inventory of Home Ownership Units: This section provides an inventory of homeownership units assisted by the former Agency or FVHA as Housing Successor that are subject to covenants or restrictions or to an adopted program that protects the former Agency s investment of moneys from the Low and Moderate Income Fund per Section (f). Fountain Valley Housing Authority Page 2 67

68 This Report is to be provided to the Housing Successor s governing body by December 31, In addition, this Report and the former redevelopment agency s pre-dissolution Implementation Plans are to be made available to the public on the City s website I. AMOUNT RECEIVED PURSUANT TO SECTION (b)(3)(A): This section provides a total amount of funds received pursuant to Section (b)(3)(A). A SERAF payment in the amount of $532,520 was received and deposited into LMIHAF as shown in table below. II. AMOUNT DEPOSITED INTO LMIHAF SOURCE AMOUNT 1 st Time Homebuyer Loan Repayment (Principal) $61,564 1 st Time Homebuyer Loan Repayment (Interest) $55,679 Housing Rehab Loan Repayment (Principal) $950 Housing Rehab Loan Repayment (Interest) $587 Jasmine Project Loan Repayment (Principal) $156,870 Jasmine Project Loan Repayment (Interest) $104,276 Sale Proceeds of Warner Avenue $7,242,176 Forfeited Deposit $50,000 Misc. Interest $27,107 Misc. Fees $260 Total Revenue $7,699,469 SERAF Payment (ROPS Requested Reimbursement) $532,520 Total Revenue from all sources deposited in Fiscal Year $8,231,989 A total of $8,231,989 was deposited into the LMIHAF during the Fiscal Year. Of the total funds deposited into the LMIHAF, a total of $0 was held for items listed on the ROPS. III. ENDING BALANCE OF LMIHAF SOURCE AMOUNT Previous balance + Current Deposits - Expenditures $11,299,076 ROPS requested repayment of SERAF Loan $532,520 Ending Balance as of 6/30/17 $11,831,596 At the close of the Fiscal Year, the ending balance in the LMIHAF was $11,831,596 of which $0 is held for items listed on the ROPS. Fountain Valley Housing Authority Page 3 68

69 IV. DESCRIPTION OF EXPENDITURES FROM LMIHAF SUBJECT AMOUNT Monitoring& Administration $96,875 Housing Development Expenditures for pre-development expenses. $58,269 Total Expenditures $155,144 Housing Development expenditures were for legal and professional services related to the Exclusive Planning and Negotiation Agreement between Jamboree Housing and the Housing Authority. V. STATUTORY VALUE OF ASSETS OWNED BY HOUSING SUCCESSOR IN LMIHAF Under the Dissolution Law and for purposes of this Report, the statutory value of real property means the value of properties formerly held by the former redevelopment agency as listed on the housing asset transfer schedule approved by the Department of Finance as listed in such schedule under Section 34176(a) (2), the value of the properties transferred to the Housing Successor pursuant to Section 34181(f), and the purchase price of property (ies) purchased by the Housing Successor. Further, the value of loans and grants receivable is included in these reported assets held in the LMIHAF. The following provides the statutory value of assets owned by the Housing Successor. Asset Category Loans Statutory Value 1 st Time Home Buyer Loans (9 Loans) $ 890,473 Home Improvement Loans (23 Loans) $ 480,149 Development Loans ( Jasmine) $5,057,450 Total Statutory Value of Assets Owned by Housing Successor $6,428,072 VI. DESCRIPTION OF TRANSFERS The Housing Successor did not make any LMIHAF transfers to other Housing Successor(s) under Section (c)(2) during the Fiscal Year. No LMIHAF transfers were made during the fiscal year. Fountain Valley Housing Authority Page 4 69

70 VII. PROJECT DESCRIPTIONS This section describes any project for which the Housing Successor receives or holds property tax revenue pursuant to the ROPS and the status of that project. The Housing Successor does not receive or hold property tax revenue pursuant to the ROPS. VIII. STATUS OF COMPLIANCE WITH SECTION Section provides that Section does not apply to interests in real property acquired by the Housing Successor on or after February 1, 2012; however, this Report presents a status update on the project related to such real property. With respect to interests in real property acquired by the former redevelopment agency prior to February 1, 2012, the time periods described in Section shall be deemed to have commenced on the date that the Department of Finance approved the property as a housing asset in the LMIHAF; thus, as to real property acquired by the former redevelopment agency now held by the Housing Successor in the LMIHAF, the Housing Successor must initiate activities consistent with the development of the real property for the purpose for which it was acquired within five years of the date the DOF approved such property as a housing asset. The following provides a status update on the project(s) for property or properties that have been acquired by the Housing Successor using LMIHAF on or after February 1, 2012: ADDRESS Warner Ave. Fountain Valley, CA DATE OF TRANSFER APPROVAL FROM DOF DEADLINE TO INITIATE ACTIVITY CURRENT STATUS 8/30/2012 8/30/2017 Property was sold on 3/23/2017 Funds placed in LMIHAF Note- date of acquisition reflects the Asset Transfer approval letter from D.O.F. dated 8/30/2012 per Section IX. DESCRIPTION OF OUTSTANDING OBLIGATIONS PURSUANT TO SECTION Replacement Housing: According to the FY2010/11 - FY2014/15 Implementation Plan for the former redevelopment agency, no Section 33413(a) replacement housing obligations were transferred to the Housing Successor. The former Fountain Valley Housing Authority Page 5 70

71 redevelopment agency s Implementation Plans are posted on the City s website at There are no replacement housing obligations. Inclusionary/Production Housing: According to the FY2010/11 - FY2014/15 Implementation Plan for the former redevelopment agency, no Section 33413(b) inclusionary/production housing obligations were transferred to the Housing Successor. The former redevelopment agency s Implementation Plans are posted on the City s website at There are no inclusionary production obligations. X. EXTREMELY-LOW INCOME TEST Section (a)(3)(B) requires that the Housing Successor must require at least 30% of the LMIHAF to be expended for development of rental housing affordable to and occupied by households earning 30% or less of the AMI. If the Housing Successor fails to comply with the Extremely-Low Income requirement in any fiveyear report, then the Housing Successor must ensure that at least 50% of the funds remaining in the LMIHAF be expended in each fiscal year following the latest fiscal year following the report on households earning 30% or less of the AMI until the Housing Successor demonstrates compliance with the Extremely-Low Income requirement. This information is not required to be reported until 2019 for the reporting period. The Housing Successor has utilized funds only for administration and monitoring of housing units subject to Affordable Housing Agreements of the former Agency and costs related to the sale of Housing Successor owned property. XI. SENIOR HOUSING TEST The Housing Successor is to calculate the percentage of units of deed-restricted rental housing restricted to seniors and assisted by the Housing Successor, the former redevelopment agency and/or the City within the previous 10 years in relation to the aggregate number of units of deed-restricted rental housing assisted by the Housing Successor, the former redevelopment agency and/or City within the same time period. If this percentage exceeds 50%, then the Housing Successor cannot expend future funds in the LMIHAF to assist additional senior housing units until the Housing Successor or City assists and construction has commenced on a number of restricted rental units that is equal to 50% of the total amount of deed-restricted rental units. Fountain Valley Housing Authority Page 6 71

72 The following provides the Housing Successor s Senior Housing Test for the 10-year period of 7/1/2007-6/30/2017. Senior Housing Test 10 Year Test - July1, 2007-June 30, 2017 # of Assisted Senior Rental Units 0 # of Total Assisted Rental Units 0 Senior Housing Percentage 0% XII. EXCESS SURPLUS TEST Excess Surplus is defined in Section (d) as an unencumbered amount in the account that exceeds the greater of one million dollars ($1,000,000) or the aggregate amount deposited into the account during the Housing Successor s preceding four Fiscal Years, whichever is greater. The following provides the Excess Surplus test for the preceding four Fiscal Years: Year FY 2012/13 FY 2013/14 FY 2014/15 FY 2015/16 FY 2016/17 Beginning Balance $72,776 $255,098 $1,281,768 $2,308,085 $3,754,751 + Deposits $411,719 $1,043,012 $1,106,960 $1,636,096 $8,231,989 - Expenditures $229,397 $16,342 $80,643 $188,430 $ 155,144 = Ending Balance $255,098 $1,281,768 $2,308,085 $3,754,751 $11,831,596 Prior and Current Reporting Years 4 Yrs. Ago FY Yrs. Ago FY 2013/14 2 Yrs. Ago FY 2014/15 1 Yr. Ago FY 2015/16 Total of 4 Previous Yrs. Deposits Current Reporting Yr. 2016/17 Current Yr. minus past 4 Yrs. Net amount deposited into the LMIHAF $255,089 $1,026,670 $1,026,317 $1,447,666 $3,755,742 Excess Surplus Amount Expended/Encumbered Against FY Balance of Excess Surplus as of End of Reporting Year Remaining Excess Surplus for Each Fiscal Year as of End of Reporting Year $8,231,989 $4,476,247 $4,476,274 $4,476,247 Fountain Valley Housing Authority Page 7 72

73 The Excess Surplus calculation relates to the preceding four year deposits. Therefore, the determination is that during this period the Excess Surplus for 2016/2017 is $4,476,247. The plan to eliminate the excess surplus is to assist an affordable housing developer to develop affordable rental units at an affordability rate that meets the requirements of Section (a)(3)(B). The Housing Authority has entered an exclusive negotiation agreement with a developer to develop 60 units of low-income workforce housing. XIII. INVENTORY OF HOME OWNERSHIP UNITS This section provides an inventory of homeownership units assisted by the former Agency or FVHA as Housing Successor that are subject to covenants or restrictions or to an adopted program that protects the former Agency s investment of moneys from the Low and Moderate Income Fund per Section (f). The inventory includes: (A) The total number of units currently assisted by the former Agency - 63 units. Units in Inventory on Units Lost from 2/1/12 to Total Current Units 02/1/2012 6/30/ (B) The total number of homeownership units lost to the FVHA/Housing Successor s portfolio between February 1, 2012 and June 30, 2017 along with the reasons for those losses. Total unit losses from February 1, 2012 to June 30, units. Reason for the loss from the portfolio for each such unit: Unit Address Reason for Loss Redwood Unit Sold La Tehama Unit Sold La Terraza Unit Sold Mt. Cook Circle Unit Sold Bluebell Unit Sold 9560 Columbus CT. Unit Sold 9548 Columbus Ct. Unit Sold Los Coyotes Ct Unit Sold Los Jardines Unit Sold La Rosa Unit Sold Amethyst Court Unit Sold Powderhorn Court Unit Sold Yellowstone Unit Sold Sylvan River Unit Sold Los Pintos Loan Paid Off Fountain Valley Housing Authority Page 8 73

74 Funds returned to the FVHA/Housing Successor as part of an adopted program that protects the former Agency s investment of moneys from the Low and Moderate Income Housing Fund from February 1, 2012 to June 30, 2017, $418,602. (C) The number of homeownership units lost to the FVHA/Housing Successor s portfolio and the reason for those losses. Total losses in portfolio for FY units. Reason for the loss from the portfolio for each such unit: Unit Address Reason for Loss Sylvan River Unit Sold Los Pintos Loan Paid Off Funds returned to the FVHA/Housing Successor as part of an adopted program that protects the former Agency s investment of moneys from the Low and Moderate Income Housing Fund. This includes loan repayments including principal, interest, and equity sharing payments during FY $127,127 (D) The FVHA/Housing Successor does have existing consulting agreements with AmeriNat Loan Services relating to certain, but not all, aspects of administration of the former Agency s Single Family Rehabilitation and First Time Homebuyer Program that provided second lien mortgages for homeownership units. These consulting services include oversight and assistance with amortized loan payments, tracking and calculation of loan balances in the event of payoff, and other administrative activities related to outstanding Single Family Rehabilitation and First Time Homebuyer Program loans. In addition FVHA utilizes Celeste Brady of Stradling, Yocca, Carlson and Rauth as Special Legal Counsel to assist staff with legal issues and Kathe Head of Keyser Marston Associates for the provision of financial analysis. Actions Needed This report must be presented to the Housing Successor Agency governing body within six months of the end of the previous fiscal year. This report and the former redevelopment agency s Implementation Plans are posted on the City s website at Fountain Valley Housing Authority Page 9 74

75 MINUTES OF THE CITY COUNCIL/ SUCCESSOR AGENCY TO THE FOUNTAIN VALLEY AGENCY FOR COMMUNITY DEVELOPMENT/ FOUNTAIN VALLEY HOUSING AUTHORITY Study Session 5:15 p.m. Closed Session 5:45 p.m. Regular Meeting 6:00 p.m. Tuesday, March 6, 2018 STUDY SESSION CALL TO ORDER PUBLIC COMMENTS 5:15 p.m. (Study Session matters only) 1. Arterial Median Landscape Master Plan Review Deputy City Engineer Temo Galvez provided the City Council with options for the Median Landscape. CLOSED SESSION CALL TO ORDER PUBLIC COMMENTS 5:15 p.m. (Closed Session matters only) 2. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION (Paragraph (1) of subdivision (d) of Section ) Name of case: Crosstown Electrical & Data v. Flatiron Electrical Group and City of Fountain Valley Settlement Authority was given to the Attorney for the City. OPEN SESSION CALL TO ORDER INVOCATION SALUTE TO THE FLAG 6:00 p.m. Rabbi David Young Mayor Michael Vo CITY COUNCIL/SUCCESSOR AGENCY/HOUSING AUTHORITY/ ROLL CALL 75

76 Members Present: Brothers, Collins, Crandall, Mayor Pro Tem/Vice Chair Nagel, Mayor/Chair Vo Members Absent: None ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS Landscape proposals in regards to item number 5 on the agenda were presented to the city council and the public. PRESENTATIONS Certificate of Recognition presented to Hyundai Mayor Vo presented Zafar Brooks of Hyundai with the Certificate of Recognition. Tet Festival Post Event Presentation By Rob Frizzelle, Community Services Director Rob Frizelle provided the City Council with the post TET Festival event details. Proclamation of a Successful Lunar New Year Celebration to 1st District Supervisor, Chairman Andrew Do By Mayor Michael Vo Mayor Vo presented County Supervisor Andrew Do with a Proclamation in honor of the New Lunar Year. Fountain Valley Community Foundation 5K Presentation By Rob Frizzelle, Community Services Director Rob Frizelle and members of the Community Foundation recapped the recent 5k event and announced the top three group participants. PUBLIC COMMENTS (Scheduled Matters Only) READING ORDINANCES 3. Waive the reading in full of all ordinances under consideration and direct the Mayor to read by titles only. ACTION: Moved to approve waiving the reading in full of all ordinances under consideration and direct the Mayor to read by titles only. MOTION: Collins SECOND: Crandall AYES: Brothers, Collins, Crandall, Nagel, Vo NOES: None ABSENT: None ABSTAIN: None Motion carried:

77 CONSENT CALENDAR Consent Calendar Items 4 was approved. 4. (Council/Successor Agency/Housing Authority) Receive and File the Minutes of the February 20, 2018 Regular City Council Meeting ACTION: Moved to Receive and File the Minutes of the February 20, 2018 Regular City Council Meeting MOTION: Collins SECOND: Vo AYES: Brothers, Collins, Crandall, Nagel, Vo NOES: None ABSENT: None ABSTAIN: None Motion carried: 5-0 ADMINISTRATIVE ITEMS 5. (Council) Consideration for the Repair of the City Hall Entry Fountain & Water Feature Report by Mark Lewis, Public Works Director ACTION: Moved to Approve Alternative number 1 in regards to the Repair of the City Hall Entry Fountain & Water Feature MOTION: Collins SECOND: Nagel AYES: Brothers, Collins, Crandall, Nagel, Vo NOES: None ABSENT: None ABSTAIN: None Motion carried: (Council) Determination of Public Convenience or Necessity for the Issuance of a Type 20 Off- Sale Beer and Wine Liquor License for Grocery Outlet Located at Brookhurst Street Report by Steven Ayers, Planner ACTION: Moved to Approve Alternative number 1 as recommended by staff. MOTION: Crandall SECOND: Nagel AYES: Brothers, Collins, Crandall, Nagel, Vo NOES: None ABSENT: None ABSTAIN: None Motion carried:

78 7. (Council) Introduction and First Reading of an Ordinance Adopting the County's Animal Control Ordinance by Reference Report by Colin Burns, Attorney for the City ACTION: Moved to Approve the Introduction and First Reading of an Ordinance Adopting the County's Animal Control Ordinance by Reference MOTION: Collins SECOND: Nagel AYES: Brothers, Collins, Crandall, Nagel, Vo NOES: None ABSENT: None ABSTAIN: None Motion carried: (Council) Approve Amendment to the City Manager s contract, increasing compensation Report by Colin Burns, Attorney for the City ACTION: At the request of Mayor Pro Tem Nagel, item number 8 was pulled and will be brought back for consideration at a future meeting MOTION: Nagel SECOND: Collins AYES: Brothers, Collins, Crandall, Nagel, Vo NOES: None ABSENT: None ABSTAIN: None Motion carried: 5-0 COUNCIL MEMBER ITEMS FOR FUTURE CONSIDERATION 9. Consider Scheduling an Appeal of the City Manager s Decision re: Officer Bonaventura Item number 9 died as there was no motion or second to hear the item. CITY COUNCIL/ SUCCESSOR AGENCY/ HOUSING AUTHORITY/ PUBLIC COMMENTS (Unscheduled Matters Only) 1. Kim Constantine CITY COUNCIL/SUCCESSOR AGENCY/HOUSING AUTHORITY AB 1234/GENERAL COMMENTS COUNCIL MEMBER COLLINS February 23 February 27 March 1 Attended the Government Leaders Prayer Breakfast Attended the Chamber of Commerce Leadership Awards Ceremony Attended the Advisory Committee for the Disable meeting 78

79 COUNCIL MEMBER CRANDALL February 22 February Attended the ICSC event in Anaheim Attended the OC Water District Winterfest COUNCIL MEMBER BROTHERS February 21 Attended the PCTA Meeting February 21 Attended International Vector Control Conference in Kansas City, MO MAYOR PRO TEM NAGEL February 21 February 21 February 21 February 22 February 23 February. 27 February 28 March 1 March 2 March 3 Attended Supervisor Michelle Steel's Mayors/Mayor Pro Tern Breakfast at Mile Square Golf Course Banquet Center Attended Orange County Assoc. of Realtors Luncheon. Guest speaker was HB Police Chief Rob Handy Attended Lunar New Year Mixer at Barcode in Garden Grove hosted by the Asian Pacific Islanders Young Professionals. Invitations to local area City Council Members and City Leaders Attended ICSC (International Council of Shopping Centers) Event at Anaheim Convention Center. The City was able to speak and/or introduce Fountain Valley to many economic developers, restaurants, and retailers Attended the Annual OC Government Leaders Prayer Breakfast held at the Irvine Marriott Attended the FV Chamber of Commerce Business & Leadership Awards for Held at Mile Square Golf Course Banquet Facilities. Attended the OCSD Board Meeting Attended SCAG- CEHD (Community, Economic & Human Development) Committee Mtg. and Regional Council Meeting in Los Angeles Attended Baron Bridge Builders, Day of Dialog Attended FV Little League Opening Day Ceremony MAYOR VO February 21 February 27 Attended the meeting with Supervisor Michelle Steele and Mayor Pro Tem Nagel Attended the FV Chamber of Commerce Business & Leadership Awards for 2017 Held at Mile Square Golf Course Banquet Facilities. 79

80 ADJOURN THE MEETING OF THE CITY COUNCIL/SUCCESSOR AGENCY/HOUSING AUTHORITY Mayor Vo adjourned the meeting in the memory of Kevin Stevens at 7:19 p.m. The next Regular Meeting of the Fountain Valley City Council is April 3, 2018 at 6:00 p.m., in the Fountain Valley Council Chambers, Slater Avenue, Fountain Valley. Michael Vo, Mayor Rick Miller, City Clerk 80

81 CITY OF FOUNTAIN VALLEY CITY COUNCIL COUNCIL ACTION REQUEST To: Honorable Mayor and Agenda Date: March 20, 2018 Members of the City Council SUBJECT: Organizational Assessment and FTE Count Change Recommendations EXECUTIVE SUMMARY: One of the City Council s Strategic Planning goals is to have the City Manager complete an organizational assessment with recommendations to change if needed. The City spent many years with budget challenges that resulted in staffing cuts, vacancies and no real change to the City s structure. Over the last six months, the City Manager has met with City Department Directors and analyzed the needs of these departments. Overall, this assessment was focused on getting the departments in a position where they can: best handle the challenges of the coming years, provide improved opportunities for career progression of staff, and ensure salary levels are competitive to enhance retention efforts. In addition, the Police department recommendation meets the Measure HH request to support 911 service. The resulting recommendations cover the majority of City departments. Contained within the request are adjustments to our Finance department to contract out a service and to adjust staffing positions to provide the flexibility to handle the current accounting and purchasing needs of the City. Adjustments to the Police department are also proposed to augment our 911 dispatch staff to provide more staffing for the center and greatly reduce the amount of time the center is single staffed. In the Planning department, an addition of a Senior Planner is requested to provide more depth in advance planning to help with the upcoming General Plan update project and the many complicated issues that are brought forth in today s development project environment. In addition, help is requested to ensure we are able to respond to the new housing regulations that the State continues to pass down for Cities to implement. In Public Works, a water certification premium is proposed to be added to supervisor positions, as well as a salary adjustment for the Field Services Manager. The HR Department is to add a Management Aide position to be shared with the City Manager s office and a salary adjustment is proposed for the Assistant to the City Manager. The Recreation and Community Services Department recently had the Recreation Manager position re-classed to a Recreation Director and, to complete the transformation of Recreation to a full department, two CS Supervisor positions are recommended to become CS Managers and one Recreation Coordinator position is recommended to become a CS Supervisor position. The Fire department does not have 81

82 City Council Request Organization Assessment and Change Recommendation March 20, 2018 Page 2 any adjustments recommended due to the fact that they earlier received a staffing adjustment with the reclassification of a position to Management Aide. The total additional FTE count requested is 2 FTE s. This translates to 1 new position for the Police Department and the conversion of several job-share positions to full-time that result in the remaining 1 FTE addition. The cost to fund the proposed citywide reorganization for the remainder of Fiscal Year 2017/18 is $83,120 and is funded from salary savings, which is projected at approximately $1.35 million. It is recommended that the Council approve the organizational assessment and request for 2 FTE s. The City currently has FTE s. In 2008 before the downturn in the economy the City had 250 FTE s to serve the City. The City runs very efficiently with a lean staff and it is not proposed that the FTE count grow back to the old levels. However, there are some areas where workload and new challenges merit the addition of a few new positions in order to provide the right amount of effort towards those needs. DISCUSSION: One of the City Council s Strategic Planning goals is to have the City Manager complete an organizational assessment with recommendations to change if needed. The City spent the last ten years with budget challenges that resulted in staffing cuts, vacancies and no real change to the City s structure. Since the arrival of the new City Manager in July 2017, there have been discussions with the Department Directors to analyze the needs of these departments. Overall, this assessment was focused on getting the departments in a position where they can best be positioned to handle the challenges of the coming years, to meet to set up better options for career progression for staff, and ensure salary levels are competitive to enhance retention efforts. These recommendations will help the City of Fountain Valley further one of the City s 3 year goals, which is to attract, develop and retain quality staff. The specific recommendations for each department follow below. Finance Department The Finance Department periodically evaluates the cost effectiveness of performing services and has outsourced certain functions, such as utility billing, in order to provide residents with cost effective quality public services. Based on an assessment of the current and future needs of the Finance Department, the following recommendations are proposed, including the outsourcing of Business License which will provide cost effective quality public services: Elimination of the Purchasing Manager position, which is currently vacant (-1 FTE) Addition of a Management Analyst positon Business license administration outsourcing with HdL along with the elimination of one full-time Accounting Tech II position, backfilled with one part-time Accounting Tech II to assist with utility-related customer service and cashiering functions Reclassification of a job-share Accounting Tech II to Accountant 82

83 City Council Request Organization Assessment and Change Recommendation March 20, 2018 Page 3 Addition of a part-time Accounting Tech II dedicated to payroll Addition of Accounting Tech II Lead classification, which will replace an existing Accounting Tech II classification upon fulfillment of an internal recruitment. The Accounting Tech II Lead will have supervisory responsibilities and will also be assigned additional duties requiring a broader range of analytical skills. The recommended changes re-allocate resources within the department resulting in a net reduction of General Fund costs and provide the following three core benefits: (1) cost effective quality services due to the outsourcing of Business License administration and the ability for businesses to obtain and pay for business licenses online; (2) additional resources in accounting to assist with Measure HH related-responsibilities, audit-related activities, purchasing, payroll, etc.; and (3) Succession Planning the new classifications of Accountant, Accounting Tech II Lead and Management Analyst provide distinct career development pathways within the department and paves the way for succession planning. Multiple factors were considered while analyzing the impacts to the purchasing function, which is currently supported by four employees in varying capacities ranging from the involvement of the Finance Director, one Accounting Tech II, the Department Secretary and the Stores Clerk. Over the past two years the number of Purchase Orders issued has decreased by 40 percent. Efficiencies have also been realized by allowing Departments to fulfill small dollar purchases (e.g. office supplies) on their own. In light of this and the seasonal nature of purchasing, a fully-dedicated Purchasing Manager is not considered necessary in light of the demands of the function and in light of the resources currently allocated to purchasing. The Management Analyst would function as the City s Purchasing Officer and would continue to provide for a centralized purchasing function while also providing savings that would be used to fund a new job-share Accountant position who will also have purchasing responsibilities. Consequently, staff believes that the re-organization continues to provide for a centralized purchasing function that adheres to the City s Purchasing Policies and best practices and at the same time provides for flexibility in how those resources are allocated throughout the year when other demands of the department require additional resources. Police Department Organizational gaps exist within the 911 Dispatch and Support Services division which include limited supervision, Dispatch short staffing and limited career advancement opportunities. Since inception, the Support Services Supervisor (SSS) duties were comprised of operational supervision of 911 Dispatch, Records and front desk personnel, completing evaluations, ensuring the security of criminal history and personnel information, assisting staff and the public, and administration of the West Covina Services Group Computer Aided Dispatch/Records Management System (CAD/RMS). Over time these duties 83

84 City Council Request Organization Assessment and Change Recommendation March 20, 2018 Page 4 expanded to include completing staff projects with the Management Analyst, responding to Public Records Act requests, completing court discovery for dispatch audio and the administration of our enterprise Computer Aided Dispatch System, which includes the Records Management, Property/Evidence, Personnel/Training, License/Permits, Traffic, Arrest and Alarm Tracking/Billing modules. The Lead Dispatcher position is responsible for scheduling, completing the 9-month training program with newly hired dispatchers, update training for tenured dispatchers, call auditing and assisting with annual evaluations. Ideally, when fully staffed the Lead Dispatcher is scheduled 20 hours per week away from staffing a dispatch shift to accomplish these administrative duties. Due to short staffing, the Lead Dispatcher has been relied upon to staff a full-time shift in Dispatch, regularly works overtime to cover shifts and is the only trainer for new dispatchers. This has precluded her ability to utilize administrative time to complete call auditing and evaluations in a timely manner. As a result, auditing standards were severely reduced, jeopardizing quality control. The SSS assumed responsibility for the reduced audits and evaluations, adding to workload. We have operated Dispatch short staffed for years. This is due to structural staffing shortages, unfilled vacancies and the continual training of new Dispatchers. In 2017, Dispatch and the front desk processed 45,971 incidents in CAD and answered 83,500 telephone calls. Although Dispatch is authorized 8.5 FTE s, we currently have one fulltime Dispatcher in training, are in the hiring process to fill another vacancy and have a job-share Dispatcher on leave. With the Lead Dispatcher assigned full-time in Dispatch and the Dispatch Trainee filling a full-time shift, even though she has not completed training, we are single staffed in Dispatch 8 hours each day of the week (2 AM-9 AM hours and 7 PM-8 PM) or 56 hours per week. When fully staffed and with the Lead Dispatcher staffing a full-time shift, Dispatch will be single staffed 24 hours per week. Further the current position structure does not provide for a clear career path for Support Services employees once they achieve the supervisor level. This proposal will provide a potential path for staff to progress in the organization to a management position. The Division Secretary supports the administrative duties of the Patrol Division and Support Services Division Captains, as well as the Chief of Police. This position was originally staffed by (2) job share employees. In 2014, one job share Division Secretary position was eliminated to partially fund a full-time Management Analyst. Since 2014 the Division Secretary s workload has increased to include managing our burglary alarm program. This program was transferred from the Finance Department, after a new false alarm module was implemented. Finance estimated they expended approximately 500 hours per year administering the program. While we have capitalized on system efficiencies, the Department expends approximately 250 hours per year, mostly on an overtime basis by the Division Secretary. In 2018 the Police Department plans to implement a Body Worn Camera program. Allied agencies experienced significant increases in Court discovery requests for video files of 84

85 City Council Request Organization Assessment and Change Recommendation March 20, 2018 Page 5 incidents; staffing new positions to respond to requests. It is anticipated we will have similar experiences and the Division Secretary will be assigned these duties. In addition, the Division Secretary will also be assigned the increased Court discovery requests for Dispatch audio records and managing the Personnel investigation files. In order to best address these added responsibilities, Staff recommends reclassifying the Division Secretary to Secretary and restoring the position to full-time status. A total of $47,005 is needed to make these changes, which can be paid for utilizing the salary and benefits from the eliminated Management Analyst position. To improve supervision effectiveness, provide adequate support for alarm and new body camera administration, restore and expand call audits, reduce single staffing and provide career opportunity, Staff recommends the following: Add an additional Support Services Supervisor position to allow for sufficient staffing in Dispatch and Operational supervision of Dispatch, Records and front desk. paid in part from Fund Balance. Restore/expand call auditing standards for Dispatch and front desk personnel. Restore the Lead Dispatcher to staffing a full-time Dispatch shift; reducing single staffing to 24 hours per week, when fully staffed. Add a Job Share Dispatcher; further reducing single staffing to 8 hours per week. The annual pay and benefits for a job share Dispatcher is $43,251.Reclassify part time Division Secretary to full time Secretary. Eliminate the Management Analyst position; utilizing salary and benefits to pay for part of the additional requested positions. Planning and Building The Planning and Building Department is proposing a reorganization within the Planning, Code Enforcement and Housing and Community Development Divisions. This reorganization would reestablish the Department s ability to meet the increasingly complex housing and zoning priorities of the City while only resulting in a 1 FTE increase over the current structure. Senior Planner The Planning Division currently consists of the Planning and Building Director, Planner and Assistant Planner. The Division is responsible for current and advanced planning functions of the City. On average over the last 4 years, Planning Division staff has processed 74 land use permits and an average 819 plan checks. This activity, coupled with public counter staffing and responses to requests for information severely limits staff s ability to accomplish ongoing advanced planning duties such as general plan updates, continuous new state mandated zoning code updates, and new state mandated reporting requirements concerning the City s housing element, water conservation ordinance, RHNA goals and more. To increase the capacity of the Planning Division, staff 85

86 City Council Request Organization Assessment and Change Recommendation March 20, 2018 Page 6 is requesting to use one of the budgeted, but unfilled, code enforcement positions to fund a new Senior Planner position. Also of note for this consideration, is new revenues that have been realized as a result of the planning fee study update performed in November These fee adjustments resulted in $116,000 in additional Planning Division revenues in fiscal year 2016/17. The new Senior Planner position would be responsible for the following: Primary project manager for the General Plan Update Crossings Implementation projects and plans (funding, New Impact fees, CIPs) Primary project manager for the zoning code update that will follow the General Plan Update Preparing annual updates to the municipal code as mandated by state Participating in OCCOG and SCAG meetings to represent the City in housing allocations and future growth forecast distributions Monitoring compliance of the Housing Element and providing mandated reporting Reviewing and commenting on environmental documents for projects in neighboring agencies Housing Coordinator and Technician The Housing and Community Development Division is fully funded by the CDBG program and Housing Authority. This division consisted of a Housing Analyst and a part-time Housing Coordinator until the recent departure of the Housing Coordinator. Prior to 2016, the Housing and Community Development Division consisted of a full-time Housing Technician and a full-time Housing Coordinator. The Housing Analysist position was created to reflect new duties taken on by the Housing Technician when the Housing Coordinator was reduced to part-time due to the incumbent retiring from full-time service. The proposed reorganization would reinstate the 2015 structure of this division with one full-time Housing Technician and one full-time Housing Coordinator. Under this reorganization, Code Enforcement would be supervised within this division. This would keep the neighborhood preservation functions unified. The Housing Technician is proposed to be a ½ time code enforcement officer and ½ CDBG improvement program administrator. The Housing Analyst would be reclassified to Housing Coordinator and the position would assume the responsibilities of the Housing Authority, CDBG program and Code Enforcement Programs. This new organization allows us to have experienced training of new code enforcement officers, ensures we are using our CDBG funding property and to the highest use possible and creates succession planning opportunities. Both the new Housing Technician and the current full-time Code Enforcement position (currently being recruited) would report to the Housing Coordinator. This reorganization would not have an impact on the General Plan and costs would be funded through the CDBG program and the Housing Authority. Under this position reinstatement plan, the roles would be as follows. Housing Coordinator (promote current full-time housing analyst to replace part time retired annuitant) 86

87 City Council Request Organization Assessment and Change Recommendation March 20, 2018 Page 7 Responsible for CDBG federal grant Oversee the professional services agencies to ensure compliance with CDBG grant Responsible for Housing Authority day to day matters Prepares agendas and reports for Housing & Community Development Advisory Board Responsible for housing rehabilitation low income loan and grant programs Responsible for monitoring loans issued by the former redevelopment agency (now Housing Authority) Provides ongoing supervision and training of the code enforcement officer and housing technician Assist with processing of affordable housing developments Housing Technician (reinstated position 100% CDBG & Housing Authority funded) ½ time CDBG rehab loan and grant support to Housing Coordinator and ½ time code enforcement officer. Loan monitoring assistance and support. Assist with oversight of professional services agency mandatory reporting, performance and payment Support for annual CDBG, reporting requirements Assist customers needing resources to low income programs or fair housing services HR / City Manager s Department Shared Management Aide The Human Resources Department would benefit from the elimination of their part-time Human Resources Coordinator and instead add a full-time shared Management Aide position with that would be shared by the City Manager s Office. The department has had a difficult time retaining the part-time Human Resources Coordinator due to compensation and part-time status. With the constant change in State laws and backlog in the Human Resources Department for years and out of classification job duties placed on the existing Secretary position, it is necessary to create a Management Aide to assist with HR functions and meet the needs of the City Manager s Office. Some of the functions assigned to the Management Aide in the Human Resources Department include assisting with: Recruitment of part-time openings, new employee orientations for both part-time and full-time (back-up), Employee Training Program, Benefit changes/billing, Service Awards, Health Fair coordination, DMV pull notice program, attending job fairs/recruiting events, and other agency background checks. It is proposed this position serve the HR department with 70% of their time. The City Manager s Office has a part-time Graduate Intern position and with the constant changes of personnel for the position, staff has to retrain new intern every 8 to 12 months. Therefore, to establish efficiency and consistency, the City Manager s Office has an 87

88 City Council Request Organization Assessment and Change Recommendation March 20, 2018 Page 8 interest in eliminating the existing Intern position and sharing the Management Aide position with Human Resources Department. The position will be responsible for monitoring legislative bills and sending out support/opposition letters, preparing the monthly Fountain Valley newsletter, monitoring social media sites to address/clarify City services, participating at economic development events and assisting with the preparation of marketing property sheets to attract businesses. It is proposed this position serve the City Manager s department with 30% of their time. The position will report to the Assistant to the City Manager and Senior Human Resources Analyst. Assistant to the City Manager Salary Adjustment The City has an Assistant to the City Manager position that functions in a number of capacities. One of these functions is to lead all economic development efforts for the City, promoting the City at conferences and events, and connecting landlords with new business owners looking for new locations. Another function is to provide support for the City Manager. This includes doing special projects and research, overseeing legislative review at the State and Federal level, answering tough questions from community members, and overseeing the City Manager office budget. In addition, this position also functions as an information officer leading our social media efforts and coordinating City website and newsletter communication. The City receives value in having all of these duties contained in one position and a review of salary levels at surrounding Cities for Assistant to the City Manager roles show a need to provide a salary increase to make the position competitive within the County. Public Works The Public Works Department has a number of positions that are recommended to have adjustments made to ensure they are paid competitively and ensure we can hire and retain quality staff to conduct important Engineering and Water maintenance activities. Field Services Manager The Field Services Manager provides a central leadership role and responsibility for overseeing the entire City Yard operations including both the Utilities Division and General Services Division with the support of five Division Supervisor positions and one Management Analyst. In addition, the Field Services Manager position possesses the highest level of certifications for water and sewer for the rating as required by the State for the City s utility systems. This position was created after two Manager positions were eliminated resulting in an overall budget savings of over $80,000 per year. The benefit of this structure is consistency in management of the two divisions as well as operational and cost efficiencies which are improved over that in place under two different Managers. It is recommended that the salary range be increased to make the position competitive within the County. Associate Engineer 88

89 City Council Request Organization Assessment and Change Recommendation March 20, 2018 Page 9 The City currently has an Associate and an Assistant Engineer position in the Public Works department. To provide for the proper level of engineering expertise necessary for delivery of the heavy capital improvement program, proper traffic design and operations, private development review, design engineering solutions, and provide engineering design and field review of traffic control and physical improvements within the City related to the I-405 project, it is important to elevate the second position of Assistant Engineer to Associate Engineer. This will ensure that the City can hire and retain personnel with the requisite education, training, and skills necessary to perform the required job functions. An added benefit of having both positions at the Associate Engineer level is that they are P&T positions, for which no overtime pay is received. With the heavy internal workload combined with the heavy workload for the I-405 project, it will be necessary to work extra hours on many occasions for at least the next five years. This will cut down on additional costs in overtime. Additionally, funding from OCTA for the I-405 in the amount of approx. $1 million will provide funding for some of the salary difference. Water Supervisor Certification Premium Pay There exists a formula in the Utilities Division line level positions wherein pay for certified positions is 8% higher than its corresponding equivalent in the General Services Division due to the very specific utility certification requirements. Currently the Water/Sewer Maintenance workers, technicians and foreman positions receive this 8% premium but the three supervisor positions do not. It is recommended that this premium be added for these three positions. In order to operate the water system, the City must employ professionals that have achieved and maintain the certification levels that meet the requirements for the level at which the City s system is rated as set forth by the State. In addition, it is also essential that the City s Sewer/Storm Drain Supervisor be certified at the highest rating for Waste Water Collections. This high level of certification and the knowledge in this position helps maintain the City s compliance with regulatory agency requirements as well as helping to mitigate citations and fines that can be quite costly. It is critical to the operations of the Utilities Division to maintain competitive compensation to retain and attract employees that have these required advanced level certifications. The funding for this recommendation would be entirely from the Water and Sewer Enterprise funds. Recreation Guided by the City Council approved transition of the Recreation and Community Services Department, the proposed departmental structure (Director, two Managers, a Supervisor, and two Coordinators) will provide a combination of competitive benchmarking, training opportunities, and career growth potential to retain quality employees. Additionally, this structure will provide the ability to attract employees with the desired level of skills, education, and experience. The capacity to attract and retain quality employees will allow the department to maintain the community s expected level of service and high quality of life in Fountain Valley. 89

90 City Council Request Organization Assessment and Change Recommendation March 20, 2018 Page 10 To achieve the desired departmental structure, the following positions (3 total) will be reclassified; Recreation Coordinator (Sports Park) will be reclassified Community Services Supervisor with increased program responsibility under limited supervision from the Community Services Manager including: o Oversight of the new cloud based Recreation Software (RecTrac 3.1) o Professional Services Supervision/Contract Management Community Services Supervisor (2) will be reclassified to Community Services Manager (2) with the increased responsibility of serving as the division head of various community services or human services functions including: o Budget development and oversight o Strategic Planning o Serve as the staff liaison to various City Boards, Committees, or Foundations FINANCIAL ANALYSIS: The cost to fund the proposed citywide reorganization for the remainder of Fiscal Year 2017/18 is $57,290 and is funded from salary savings, which is projected at approximately $1.35 million. There will be a budget increase in the budget as a result of the recommended change that is divided across a number of funds. The table on the following page summarizes this budget impact. Fiscal Year 2018/19 Funding Summary CDBG & Department General Fund Measure HH Housing Authority Water Fund Total City Manager/Administration 31, ,323 Finance Department (7,857) - - 9,032 1,175 Recreation & Community Svcs. 34, ,279 Planning 36,434-53,884-90,318 Human Resources 28, ,293 Public Works 16, ,552 41,720 Police Department - 116, ,652 All Departments Total 138, ,652 53,884 34, ,760 RECOMMENDATION: 90

91 City Council Request Organization Assessment and Change Recommendation March 20, 2018 Page 11 It is recommended that the Council approve the organizational assessment and request for 2.0 FTE s. Prepared & Approved By: Fiscal Review By: Approved By: Rob Houston, City Manager Jason Al-Imam, Finance Director Rob Houston, City Manager Attachment: Attachment 1 Citywide Re-Org. Cost Analysis Attachment 2 Finance Department Org. Charts Attachment 3A Police Dept. Current Org. Chart Attachment 3B Police Dept. Proposed Org. Chart Attachment 4 Planning Dept. Org Chart Attachment 5 Human Resources Org. Chart Attachment 6A Comm. Serv. Current Org. Chart Attachment 6B Comm. Serv. Proposed Org. Chart 91

92 All Departments Summary General Fund Measure HH CDBG & Housing Authority Water Fund Total FTE +/ City Manager/Administration 31,323 31, Finance Department (7,856) 9,032 1,175 (1.00) Recreation & Community Services 34,279 34, Planning 36,434 53,884 90, Human Resources 28,293 28, Public Works 16,168 25,552 41, Police Department 116, , All Departments Total 138, ,652 53,884 34, , City Manager/Administration Position Totals Eliminate Position Graduate Intern (CM Office) (16,350) Add Position (Shared with HR) Management Aide 41,235 Reclassification/Increase Pay Range Assistant to City Manager 6,438 Net Impact to General Fund Associated with City Manager/Administration 31,323 Finance Department Position Totals Eliminate Position Purchasing Manager (135,807) Add Position Management Analyst 92,130 Add PT Position PT Account Tech II (Payroll) 27,431 Reclass JS Acct Tech II to JS Accountant (0.75 FTEs) Job Share Accountant 8,902 Add PT Position PT Account Tech II (Utilities) 23,528 Add Lead Pay Account Tech II (Utilities) 3,343 Eliminate Position Account Tech II (BL) (84,953) Contractual Services Cost to Outsource Business License to HdL 66,600 Less Amounts Funded by the Water Fund (9,032) Recreation & Community Services Reclassify 1 Recreation Coordinator to Community Services Supervisor Fiscal Year 2018/19 Funding & FTE Summary Net Impact to General Fund Associated with Finance Department (7,856) Position Totals Recreation Coordinator (72,068) Community Services Sup. 82,842 Total 1 Rec Coord to CSS 10,774 Reclassify 2 Community Services Supervisors to Rec & CS Managers Community Services Sup. (114,064) Community Services Mgr. 125,816 Community Services Sup. (114,063) Community Services Mgr. 125,816 Total 2 CSS to CSM 23,505 Net Impact to General Fund Associated with Recreation & Community Svcs. 34,279 Planning Position Totals Eliminate Position Lead Code Enforcement (78,692) Eliminate Position Part Time Housing Coord (51,537) Eliminate Position Housing Analyst (111,858) Add Position Senior Planner 115,126 Add Position Housing Coordinator 116,430 Add Position Housing Tech 100,849 Less Amounts Funded by CDBG & FVHA (53,884) Net Impact to General Fund Associated with Planning 36, Revised 2/26/18

93 Human Resources Position Totals Eliminate Position Part Time HR Coordinator (12,942) Add Position (Shared with CM) Management Aide 41,235 Net Impact to General Fund Associated with Human Resources 28,293 Public Works Position Totals Add Water Certification Pay (Supervisors 8%) Utilities Supervisors (2) 18,024 Add Water Certification Pay (Supervisors 8%) Utilities Supervisors (1) 7,528 Increase Pay Range (no fiscal impact to 18/19) Field Services Manager 0 Add Position Associate Engineer 113,546 Eliminate Position Assistant Engineer (97,378) Less Amounts Funded by the Water Fund (25,552) Net Impact to General Fund Associated with Public Works 16,168 Police Department * Position Totals Eliminate Position Management Analyst (86,941) Eliminate Position (JS) Secretary (46,991) Add Position Support Services Supervisor 114,269 Add Position (JS) Job Share Dispatcher 42,320 Add Position Full Time Secretary 93,994 Net Impact to General Fund Associated with Police Department (Funded by Measure HH) * Support Services Supervisor based on Recreation & Community Services Supervisor 116, Revised 2/26/18

94 FINANCE DEPARTMENT ORGANIZATIONAL CHART CURRENT STRUCTURE PROPOSED STRUCTURE TOTAL FTEs: TOTAL FTEs:

95 Attachment 3A Police Department Current Org. Chart Division Commander Division Secretary.5 FTE Support Services Supervisor Dispatch Lead Front Desk CSO Records Lead Dispatch FT (6 FTE) Cadet PT (2.5 FTE) Records Clerk FT (2 FTE) Dispatch JS (2 FTE Equivalent) Records Clerk JS (.5 FTE) 95

96 Attachment 3B Police Department Proposed Org. Chart Division Commander Division Secretary.5 FTE Support Services Supervisor Dispatch Lead Front Desk CSO Records Lead Dispatch FT (6 FTE) Cadet PT (2.5 FTE) Records Clerk FT (2 FTE) Dispatch JS (2 FTE Equivalent) Records Clerk JS (.5 FTE) 96

97 Attachment 4 Planning Department Org. Charts Planning Department Existing Organizational Chart Planning and Building Director Administrative Assistant Housing & Community Development Division Code Enforcement Division Planning Division Building Division Housing Analysist Lead Code Enforcement Officer Code Enforcement Officer Planner Building Official Assistant Planner 2 Building Inspectors 2 Permit Techs 97

98 Attachment 4 Planning Department Org. Charts Planning Department Proposed Organizational Chart Planning & Building Director Administrative Assistant Housing & Community Development Division Code Enforcement Division Current Planning Planning Division Advanced Planning Building Division Housing Coordinator Code Enforcement Officer Planner Senior Planner Building Official Housing Technician Assistant Planner 2 Building Inspectors 2 Permit Techs 98

99 PROPOSED HUMAN RESOURCES DEPARTMENT Attachment 5 HR Organizational Charts Human Resources Director Senior HR Analyst HR Specialist Secretary Management Aide (Share) 99

100 Current Human Resouces Department Attachment 5 HR Organizational Charts Human Resources Director Senior HR Analyst HR Specialist Secretary HR Coordinator (PT) 100

101 101

102 102