AGENDA
CITY COUNCIL/ SUCCESSOR
AGENCY TO THE FOUNTAIN
VALLEY AGENCY
Fantain Vatt FOR COMMUNITY DEVELOPMENT/
FOUNTAIN VALLEY HOUSING AUTHORITY
A NICE PLACE TO LIVE
INCORPORATID Closed Session 5:00 p.m.
JUNE 13. 1957
SHITE COLT CONTINEN Study Session Immediately Following Closed Session Adjourned Regular Meeting 6:00 p.m.
Wednesday, May 25, 2022
Council Chambers
10200 Slater Avenue
Fountain Valley, CA 92708
http://www.fountainvalley.org
MEETING ASSISTANCE: In compliance with the Americans with Disabilities Act, anyone needing special assistance to participate in a meeting of the government bodies listed herein should contact the City Clerk's Office at (714) 593-4445. Notification 72 hours prior to the meeting allows the City to make reasonable arrangements to ensure accessibility to the meeting.
AGENDA COMMUNICATIONS: All revised or additional documents and writings related to an item on this agenda provided to all or a majority of the government body members after distribution of the agenda packet, are available for public inspection (1) in the City Clerk's Office at 10200 Slater Avenue, Fountain Valley, CA 92708 during normal business hours; and (2) in the Council Chambers at the time of the meeting. Unless directed otherwise by a government body listed herein all actions shall be based on/memorialized by the latest document submitted as a late communication.
PUBLIC COMMENTS/PUBLIC HEARINGS: Persons wishing to address the City Councilor other government body listed complete a speaker card and give it to the City Clerk prior to the public comment period. Requests to speak will not be accepted after the public comment session begins without permission of the Mayor/Chair. Speakers must limit remarks to a total of (3) three minutes and address the City Council through the Mayor. Comments to individuals or staff are not permitted. Scheduled Matters, including Public Hearings: Indicate on the card what item you want to address. Unscheduled Matters: Indicate on the card what subject matter you want to address. Comments must be related to issues that are within the jurisdiction of the governing body listed on the agenda. Pursuant to the Brown Act, the governing body may not enter into discussion regarding items not on the agenda.
CONSENT CALENDAR: All matters listed under the Consent Calendar are considered by the governing bodies listed herein to be routine and will be enacted on simultaneously with one motion without discussion unless separate action and/or discussion is requested by a governing body member, staff, or a member of the public.
PUBLIC HEARINGS: Persons wishing to speak in favor of or in opposition to a proposal are given an opportunity to do so during the public hearing. Those wishing to address a governing body during the hearing are requested to complete the speaker card and submit it to the City Clerk prior to the hearing. If a proposed action is challenged in court, there may be a limitation to raising only those issues raised during the hearing or in written correspondence received by the governing body at or before the hearing.
Note: The Fountain Valley City Council serves as the Successor Agency to the Fountain Valley Agency for Community Development (Successor Agency), the Fountain Valley Housing Authority, and the Fountain Valley Finance Authority. The Actions of the Successor Agency are separate and apart from the actions of the City Council.
ZOOM LINK INFORMATION
• Participants that choose to watch the City Council meeting through zoom are automatically placed in the waiting room and will only be allowed into the Zoom meeting if they request to make a public comment. In order to make a public comment, you will indicate through the chat feature which item you would like to speak on, and click on the "raise hand" icon to let the administrator know you wish to speak. • All participants are muted unless you are requesting to speak, at which time you will be allowed to unmute and make you comment.
• All public comments are allowed up to 3 minutes to speak.
City of Fountain Valley is inviting you to a scheduled Zoom meeting.
Topic: City Council Meeting
Time: May 25, 2022 05:00 PM Pacific Time (US and Canada) Join Zoom Meeting
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CLOSED SESSION
CALL TO ORDER 5:00 p.m.
PUBLIC COMMENTS (Closed 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. • CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: 18375 Euclid Street
Agency Negotiator: City Manager, Deputy City Manager, Planning Director, Finance Director, Attorney for the City
Negotiating Parties: Fountain Valley and Becker Boards
Under Negotiation: Price and terms of payment
STUDY SESSION
CALL TO ORDER Immediately Following Closed Session
PUBLIC COMMENTS (Study 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.
Fiscal Year 2022/2023 Budget Workshop Follow-up
OPEN SESSION
CALL TO ORDER 6:00 p.m.
INVOCATION
SALUTE TO THE FLAG Council Member Michael Vo
CITY COUNCIL/SUCCESSOR AGENCY/HOUSING AUTHORITY/ ROLL CALL Council Members: Bui, Grandis, Vo, Mayor Pro Tem/Vice Chair Constantine, Mayor/Chair Harper
ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS
PRESENTATIONS
• Proclamation on the Adoption of the 2nd Battalion, 11th Marine Regiment, 1st Marine Division (2/11 Marines)
CITY MANAGER/MAYOR UPDATE
FIRST CITY COUNCIL/ SUCCESSOR AGENCY/ HOUSING AUTHORITY/ PUBLIC COMMENTS (Unscheduled Matters Only)
The Unscheduled Matters Public Comments portion will last 15 Minutes at the beginning of the meeting. Any requests to speak on unscheduled matters after the initial 15 minutes, will be heard at the end of the meeting, unless the Mayor approves an extension of this time. If an individual speaks during the First unscheduled matters time period, they do not get to speak at the end of the meeting as well. Persons wishing to speak on an unscheduled matter are requested to identify themselves by completing a blue speaker and to give the card to the City Clerk. Each person will have up to 3 minutes to speak. The City Clerk will call upon those that wish to speak.
PUBLIC COMMENTS (Scheduled Matters Only)
Persons wishing to speak on Agenda items) are requested to identify themselves by completing a blue speaker card indicating the item they want to address and to give the card to the City Clerk prior to the public comment period. Each person will be given up to 3 minutes to speak on the entire Consent Calendar,
Conna calendar to spites any agendized ace is nolen o
consent calendar, and 3 minutes
the Consent Calendar.
CONSENT CALENDAR
Consent Calendar Items 1 - 3 will be approved simultaneously with one motion, unless separate action/or discussion is requested.
1. Receive and File the Draft Minutes of the May 3, 2022 Regular Meeting Page 5
2. Second Reading and Adoption of an Ordinance of the City Council of the City of Fountain Valley Page 11
Adopt the attached Ordinance of the City Council of the City of Fountain Valley to Approve an Amendment to the Contract between the Board of Administration California Public Employees' Retirement System and the City Council of the City of Fountain Valley.
Approve a Second Amendment to the Agreement with Vincent Benjamin Group for Temporary Employee Staffing Services Page 25
Approve First Amendment to the Agreement
ADMINISTRATIVE ITEMS
Review Need for Continuing Local Emergency Due to the Omni Metals HazMat Fire - Presentation by Ron Cookston, Fire Chief Page 28
Review and approve the continued need for the Proclamation of Local Emergency due to the Omni Metals HazMat Fire.
COUNCIL MEMBER ITEMS FOR FUTURE CONSIDERATION
CITY COUNCIL/ SUCCESSOR AGENCY/ HOUSING AUTHORITY/ PUBLIC COMMENTS (Unscheduled Matters Only)
Persons wishing to speak on an unscheduled matter are requested to identify themselves by completing a blue speaker and to give the card to the City Clerk. Each person will have up to 3 minutes to speak. The City Clerk will call upon those that wish to speak.
CITY COUNCIL/SUCCESSOR AGENCY/HOUSING AUTHORITY AB 1234/GENERAL
COMMENTS
ADJOURN THE MEETING OF THE CITY COUNCIL/SUCCESSOR
AGENCY/HOUSING AUTHORITY
The next Regular Meeting of the Fountain Valley City Council is June 7, 2022 at 6:00 p.m., in the Fountain Valley Council Chambers, 10200 Slater Avenue, Fountain Valley.
MINUTES OF THE
CITY COUNCIL/ SUCCESSOR AGENCY TO THE FOUNTAIN
VALLEY AGENCY
FOR COMMUNITY DEVELOPMENT/ FOUNTAIN VALLEY
Fontain Valsey HOUSING AUTHORITY
A NICE PLACE TO LIVE Closed Session 4:30 p.m.
JUNE 13. 1951 Study Session Immediately Following Closed Session PRINCE CUATI CALDEN Regular Meeting 6:00 p.m.
Tuesday, May 3, 2022
Council Chambers
CLOSED SESSION
CALL TO ORDER 4:40 p.m.
PUBLIC COMMENTS (Closed Session matters only)
• CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code §54957.6.
Agency Designated Representatives: City Manager, Raul Godinez; Deputy City Manager, Maggie Le; Interim Finance Director, Ernestine Jones; Budget Manager, Shannon Espinoza; Human Resources Director, Carrie Hanes; Attorney for the City, Colin Burns.
Employee Organizations: Fountain Valley Municipal Employees Association (Field Services), Fountain Valley General Employees Association (FVGEA), Professional and Technical Employees (P&T)
No reportable action
• CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to paragraph (3) of subdivision (d) of Section 54956.9: (1 potential case)
Was not heard
• Conference With Real Property Negotiators
Pursuant to Government Code Section 54956.8
Property: APN 100-130-65
Negotiators: City Manager Raul Godinez II, Deputy City Manager Maggie Le, Director of Community Development Omar Dadabhoy, Cities of Garden Grove/Fountain Valley/Westminster/Stanton
Negotiating Parties: Mike Barreiro, DAUM Commercial Real Estate Services Gave direction - No reportable action
STUDY SESSION
CALL TO ORDER 5:40 p.m.
PUBLIC COMMENTS (Study Session matters only)
Persons wishing to speak on a Study Session matter are requested to identify themselves by completing a blue speaker card indicating the item they want to address and to give the card to the City Clerk prior to the public comment period. The City Clerk will call upon those that wish to speak • Update on County Island Area in Fountain Valley - Presentation by Maggie Le, Deputy City Manager
OPEN SESSION
CALL TO ORDER 6:03 p.m.
INVOCATION Council Member Michal Vo
SALUTE TO THE FLAG Mayor Patrick Harper
CITY COUNCIL/SUCCESSOR AGENCY/HOUSING AUTHORITY/ ROLL CALL Council Members: Bui, Grandis, Vo, Mayor Pro Tem/Vice Chair Constantine, Mayor/Chair Harper All members were present
ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS
Red Folder Item - Item 1 Revised minutes; Item 4 Outfront Development proposal (most current)
PRESENTATIONS
• Homeless Update was presentation by Matt Sheppard, Chief of Police & Alex Halfman, Deputy City Attorney and an outreach hotline was provided: (714) 451-6198.
Public Comment - Susie
CITY MANAGER/MAYOR UPDATE
FIRST CITY COUNCIL/ SUCCESSOR AGENCY/ HOUSING AUTHORITY/ PUBLIC COMMENTS (Unscheduled Matters Only)
Lee Shelby & Kristin Gonzalez
PUBLIC COMMENTS (Scheduled Matters Only)
Cheryl Brothers, Jennifer Dietz, Ruby Lee, Katy Wright, Andrea Martell, Stephen Schwarz, Rudy Huebner, Tracy Cameron, Phu Nguyen
Via Zoom
Susie Prado, Anne B, Jaye Towne, Leston Trueblood, Ausie Lascola, Memory Bartlett
CONSENT CALENDAR
Consent Calendar Items 1 was approved.
Items pulled - Item 2
Receive and File the Draft Minutes of the April 19, 2022 Regular City Council Meeting ACTION: Move to Receive and File the Draft Minutes of the April 19, 2022 Regular City Council Meeting
MOTION: Vo SECOND: Constantine
AYES: Bui, Grandis, Vo, Constantine, Harper
NOES: None
ABSENT: None
ABSTAIN: None
2. Approve Via Minute Order for the Additional Purchasing Authority for the City Manager Item was pulled
PUBLIC HEARINGS
3. Public Hearing - Approval of the FY 2022-23 Community Block Grant (CDBG) Annual Action Plan
Item was moved to the June 21, 2022 meeting
ADMINISTRATIVE ITEMS
4. Approve the On-Call List of Qualified Contractors for As-Needed Water Well Etc Services and Award 3 contracts to the Qualified Contractors for an Amount Not to exceed $2,000,000 per Contract for a 3-Year Term with Option for 1 2-Year Term Extension
ACTION: Approve the On-Call List of Qualified Contractors for As-Needed Water Well, Pump and Maintenance, Repair and Rehabilitation Services and Award Three (3) contracts to the Qualified Contractors for an Amount Not to Exceed $2,000,000 per Contract for a Three-Year Term with an Option for One (1) Two-Year Term Extension MOTION: Vo SECOND: Grandis
AYES: Bui, Grandis, Vo, Constantine, Harper
NOES: None
ABSENT: None
ABSTAIN: None
5. Approve Lease Agreement with Outfront Media, LLC for an Electronic Reader Board Sign with Two Displays to be Located at 10955 Ellis Avenue - Presentation by Maggie Le, Deputy City Manager Page 191
ACTION: Mayor Pro Tem Constantine motions to Continue to a further date. Date not determined.
MOTION: Constantine SECOND: None
ACTION: Approve Alternative No. 1 with a lease agreement between the City of Fountain Valley and Outfront Media, LLC for a portion of City-owned property located at 10955 Ellis Avenue.
MOTION: Vo SECOND: Grandis
AYES: Grandis, Vo, Harper
NOES: Constantine
ABSENT: None
ABSTAIN: Bui
ACTION: Council Member Bui motions to continue to the lease agreement for 30 days MOTION: Bui SECOND: Constantine
AYES: Bui, Constantine
NOES: Grandis, Vo, Harper
ABSENT: None
ABSTAIN: None
Item passes 3-1-1
COUNCIL MEMBER ITEMS FOR FUTURE CONSIDERATION
Mayor Pro Tem requests to fine-tuning the existing ordinance on 1 temporary non-commercial speech signs per 100 feet of arterial street frontage in nonresidential zones to a number greater than 100 feet. There was no second.
Mayor Pro Tem Constantine requests to go over temporary non-commercial speech signs with respect to fine-tuning the existing ordinance to notify commercial property owners when there are violations to this sign ordinance. She would like to change that to the City instead who notifys the candidate directly to issue a warning, $100 fine, $200 fine, then subsequent $500 fines for each sign in violation of the signage ordinance. Council Member Grandis second.
Council Member Grandis requests to bring back MU1 to 65/acre. Mayor Pro Tem Constantine second.
CITY COUNCIL/ SUCCESSOR AGENCY/ HOUSING AUTHORITY/ PUBLIC COMMENTS (Unscheduled Matters Only)
Jennifer Dietz
CITY COUNCIL/SUCCESSOR AGENCY/HOUSING AUTHORITY AB 1234/GENERAL
COMMENTS
Council Member Bui
Council Member Vo
Council Member Grandis
April 19 Attended the PCTA Board Meeting
April 21 Attended the Mayor's Breakfast, then attended the FV Community Foundation Board Meeting
April 23 Attended the Day of Service at the FV Sports Park April 24 Attended the Amuse 4 Autism event at the FV Sports Park April 25 Attended the PCTA Subcommittee Meeting
• April 26 Attended the Boys and Girls Club of Huntington Valley Board Meeting Mayor Pro Tem Constantine
April 20 Participated in the Green Valley Swim Team Fundraiser Dine Out at Lamppost Pizza.
April 21 Attended the Mayor's Breakfast at Fountain Valley Regional Hospital, then participated in the OC Vector Control Meeting on Zoom.
April 23 Attended the Community Service Day at Mile Square Park, then attended the grand opening of new FV business, Tra Space
April 24 Attended the Silky Sullivan's Chili Cookoff
April 26 viewed the OC Board of Supervisors Meeting on the County's website, participated in the Friends of the Library Dine & Donate at FV Panda Express, attended the Volunteer Recognition Brunch at the Senior Center honoring all our Senior Center Volunteers, attended the FV School District Art Show, then attended the Green Valley Board Meeting.
April 27 participated in the OC Mosquito and Vector Control District Board of Trustees Special Meeting via Zoom, then attended the FVRA Meeting at HOP in Huntington Beach for a presentation by Dr. Stefan Bean, Candidate for OC Superintendent.
April 28 Participated in the OC Mosquito and Vector Control District Board Virtual Open House for City Staff & City Council Members via Zoom.
April 30 Attended the Friends of the Library Spring Jubilee Plant Sale, presented a Certificate from the City of Fountain Valley to Let There Be Rock Music School for their Grand Reopening, and visited 4 Fountain Valley home gardens of the Mary Lou Heard Garden Tour.
May 1 Visited 2 Fountain Valley home gardens of the Mary Lou Heard Garden Tour. All in all, I visited 6 of the 7 homes and enjoyed these beautiful gardens
May 3 Met one-on-one with Marie Knight, on Zoom, for our upcoming Strategic Planning Session, then attended the Virtual Statewide Townhall on Safer Wildfire Mayor Harper
April 21 Attended the Mayor's Breakfast
April 23 Attended Community Service Day at Mile Square Park, then attended an Eagle Scout Reception for DJ Ferguson Troop 567
April 25 Attended the OCTA Board Meeting
April 26 Attended the Volunteer Recognition Lunch at the Senior Center April 27 Attended the OCTA Finance Committee, then attended OC San Board Meeting April 28 Attended a Zoom meeting with the OC Mayors
May 2 Attended the OCTA Regional Planning and Highways Committee
ADJOURN THE MEETING OF THE CITY COUNCIL/SUCCESSOR
AGENCY/HOUSING AUTHORITY
The Meeting recessed from 8:10 p.m. - 9:33 p.m. due to a power outage Mayor Harper adjourned the meeting at 11:02 pm to the next Meeting of the Fountain Valley City Council on May 17, 2022 at 6:00 p.m., in the Fountain Valley Council Chambers, 10200 Slater Avenue, Fountain Valley.
CITY OF FOUNTAIN VALLEY
Filey CITY COUNCIL
A NICE PLACE TO LIVE
JUNE 13, 1951
COUNCIL ACTION REQUEST
To: Honorable Mayor and Agenda Date: May 25, 2022
Members of the City Council
SUBJECT: Second Reading and Adoption of an Ordinance of the City Council of the City of Fountain Valley to Approve an Amendment to the Contract between the Board of Administration California Public Employees' Retirement System and the City Council of the City of Fountain Valley
EXECUTIVE SUMMARY
At its meeting on April 19, 2022, the City Council was presented for consideration the first reading an Ordinance of the City Council of the City of Fountain Valley to approve an amendment to the contract between the Board of Administration California Public Employees' Retirement System and the City Council of the City of Fountain Valley to increase the Tier 1 employee cost sharing pension contributions. The Ordinance was approved during the first reading without amendment.
The Ordinance is now being presented to the City Council for a second reading and consideration of adoption.
RECOMMENDED ACTION
Staff recommends that the City Council adopt the attached Ordinance.
FINANCIAL ANALYSIS
Cost savings will be budgeted in the FY 22-23 budget.
ATTORNEY REVIEW:
The Attorney for the City has reviewed and approved the Ordinance.
PUBLIC NOTIFICATION
The standard City Clerk's agenda notification process was used for this item and published fourteen days prior to the first reading of the ordinance in the local newspaper.
City Council Request
Second Reading and Adoption of an Ordinance
May 25, 2022 •
This second reading has been agenized in compliance with the Ralph M. Brown Act.
ALTERNATIVES
1. Adopt the attached Ordinance of the City Council of the City of Fountain Valley to Approve an Amendment to the Contract between the Board of Administration California Public Employees' Retirement System and the City Council of the City of Fountain Valley.
2. Do not adopt the attached Ordinance of the City Council of the City of Fountain Valley to Approve an Amendment to the Contract between the Board of Administration California Public Employees' Retirement System and the City Council of the City of Fountain Valley.
3. Continue the item for further consideration.
RECOMMENDED ACTION
Staff recommends Alternative 1.
Prepared by: Carrie Hanes, Human Resources Director
Reviewed by: Ernestine Jones, Interim Finance Director
Approved By: Raul Godinez, II, Interim City Manager
Attachment No 1: April 19, 2022 Staff Report
Attachment No 2: Ordinance
a. Amendment to Contract
CITY OF FOUNTAIN VALLEY
Fantalen CITY COUNCIL
A NICE PLACE TO LIVE
JUNE 13, 1951
COUNCIL ACTION REQUEST
To: Honorable Mayor and Agenda Date: April 19, 2022
Members of the City Council
Subject: ADOPT A RESOLUTION OF INTENTION AND FIRST READING OF AN
ORDINANCE TO APPROVE AN AMENDMENT TO THE CONTRACT
BETWEEN THE BOARD OF ADMINISTRATION CALIFORNIA PUBLIC
EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF
THE CITY OF FOUNTAIN VALLEY
EXECUTIVE SUMMARY:
The City of Fountain Valley negotiating team recently negotiated three year Memoranda of Understandings with all seven of its' bargaining groups as well as its' unrepresented employees. One of the City's priorities for the recent contracts) was to address the unfunded actuarial liability related to pension costs, specifically for our Classic/Tier One employees. The City was able to successfully negotiate cost-sharing of a portion of these pension costs through an increase in the employee contributions for all Classic/Tier One employees at all levels of the organization over a term of three year agreements, with different rates for miscellaneous and safety groups.
Increase effective date Misc. Misc. EE Rate Safety Safety EE Increase Increase rate
1/8/22 0.5% 8.5% 1.0% 10.0%
7/8/22 0.5% 9.0% 1.0% 11.0%
7/7/23 0.5% 9.5% 1.0% 12.0%
Total Increase/Rate by 6/30/24 1.5% 9.5% 3.0% 12.0%
Upon completion of negotiations, the City learned it must amend its contracts) with CaPERS to implement the cost-sharing agreements as negotiated. The City submitted a formal request to amend its contracts) with CaPERS for cost sharing per Government Code 20516 for 0.5% for Classic/ Tier One Miscellaneous employees and also 1.0% for Classic/ Tier One Fire and Police Safety employees. Council adopted an ordinance to
•
Council Action Request
Adopt a Resolution and Adopt First Reading of an Ordinance April 19, 2022
amend the CaPERS retirement contract for the first cost sharing contributions on December 7, 2021, to become effective on January 8, 2022.
DISCUSSION:
In order for the City to implement the cost-sharing provision, it is necessary for the City to amend its' contract with CaPERS. The City Council must adopt a Resolution of Intention to amend the contract and adopt the first reading of the Ordinance with includes the Amendment to the CalPERS contract as an Exhibit. The change is shown under Section A(14)(i) of the amendment contract. California Government Code Section 7507 requires that future annual cost of benefit changes of the proposed contract amendment be made public at a public meeting at least two weeks prior the final Ordinance. If the City Council approves the first reading of the Ordinance, then the second reading will occur on May 17, 2022. CaPERS provides the option of the first reading of the Ordinance occurring the same day as the adoption of the Resolution of Intention.
It is recommended the City Council approve the Resolution of Intention and the first reading of an Ordinance to Approve an Amendment to the Contract between the Board of Administration California Public Employees' Retirement System and the City Council of the City of Fountain Valley.
• Adopt a Resolution of Intention to amend the City's CaPERS retirement contract • Adopt First Reading of an Ordinance to Approve an Amendment to the Contract with CaPERS
To implement this employee cost-sharing provision, the City Council will need to approve the Resolution of Intention and Ordinance to Approve an Amendment to the Contract between the Board of Administration California Public Employees' Retirement System and the City Council of the City of Fountain Valley.
An employee election was conducted and approved prior to the amendment adopted and effective on January 8, 2022, CaPERS determined it was not necessary to conduct votes again, since they had already voted and approved all three cost sharing amendments on this election.
FINANCIAL ANALYSIS:
Cost savings will be budgeted in the FY 22-23 budget proposal.
PUBLIC NOTIFICATION/CONTACT:
The standard City Clerk's agenda notification process was used for this item and posted fourteen days prior to the first reading of the ordinance in the local newspaper.
Council Action Request
Adopt a Resolution and Adopt First Reading of an Ordinance April 19, 2022
CITY ATTORNEY REVIEW:
The City Attorney has reviewed the attached Resolution of Intention, Ordinance and Amendment to Contract.
ALTERNATIVES:
1. Approve the Resolution of Intention and Ordinance to Approve an Amendment to the Contract between the Board of Administration California Public Employees' Retirement System and the City Council of the City of Fountain Valley.
2. Do not approve the aforementioned Resolution of Intention and Ordinance and provide alternative direction to City staff
•
RECOMMENDED ACTION:
City staff recommends Alternative 1: Approve the Resolution of Intention and Ordinance to Approve an Amendment to the Contract between the Board of Administration California Public Employees' Retirement System and the City Council of the City of Fountain Valley.
PREPARED BY: Carrie Hanes, Human Resources Director
REVIEWED BY: Ernestine Jones, Interim Finance Director
APPROVED BY: Raul Godinez II, Interim City Manager
Attachments:
1. Resolution of Intention
2. Ordinance
a. Exhibit - CaPERS Amendment to Contract
ORDINANCE NO._
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
FOUNTAIN VALLEY AUTHORIZING AN AMENDMENT TO THE
CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF
FOUNTAIN VALLEY AND THE BOARD OF ADMINISTRATION
OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT
SYSTEM
NOW, THEREFORE, the City Council of the City of Fountain Valley does hereby ORDAIN as follows:
Section 1. That an amendment to the contract between the City Council of the City of Fountain Valley and the Board of Administration, California Public Employees' Retirement System is hereby authorized, a copy of said amendment being attached hereto, marked Exhibit, and by such reference made a part hereof as though herein set out in full.
Section 2. The Mayor of the City Council is hereby authorized, empowered, and directed to execute said amendment for an on behalf of the City of Fountain Valley.
Section 3. This ordinance shall take effect 30 days after its adoption, and prior to the expiration of 15 days from the passage thereof shall be published at least once in the Orange County Register, a newspaper of general circulation, published and circulated in the City of Fountain Valley and thenceforth and thereafter the same shall be in full force and effect.
INTRODUCTION AND FIRST READ by the City Council of the City of Fountain Valley at a regular meeting on April 19, 2022.
/II
/II
/II
PASSED AND ADOPTED by the City Council of the City of Fountain Valley at a regular meeting this 17th day of May 2022.
ATTEST:
Rick Miller, City Clerk Patrick Harper, Mayor
Approved as to Form:
Colin Burns
Attorney for the City
CaIPERS
EXHIBIT
California
Public Employees' Retirement System
AMENDMENT TO CONTRACT
Between the
Board of Administration
california Public Emplovee s Retirement Svsten
and the
City Council
City of Fountain Valley
The Board of Administration, California Public Employees' Retirement System, hereinafter referred to as Board, and the governing body of the above public agency, hereinafter reterred to as Public Agency, having entered into a contract effective May 1, 1965, and witnessed March 15, 1965, and as amended effective August 1, 1965, March 1, 1966, December 1, 1972, July 1, 1973, October 18, 1975, October 22, 1977, January 5, 1980, February 9, 1985, October 8, 1997, June 23, 2001, October 13, 2001, October 8, 2005, December 17, 2005, August 20, 2009, October 30, 2010, December 25, 2010, March 31, 2012, September 21, 2012 and January 8, 2022 which provides for participation of Public Agency in said System, Board and Public Agency hereby agree as follows:
A. Paragraphs 1 through 20 are hereby stricken from said contract as executed effective January 8, 2022, and hereby replaced by the following paragraphs numbered 1 through 20 inclusive:
1. All words and terms used herein which are defined in the Public Employees' Retirement Law shall have the meaning as defined therein unless otherwise specifically provided. "Normal retirement age" shall mean age 55 for classic local miscellaneous members entering membership in the miscellaneous classification on or prior to December 25, 2010, age 60 for classic local miscellaneous members entering membership for the first time in the miscellaneous classification after December 25, 2010, age 62 for new local miscellaneous members, age 50 for classic local fire members and those classic local police members entering membership in the police classification on or prior to October 30, 2010, age 55 for classic local police members entering membership for the first time in the police classification after October 30, 2010 and age 57 for new local safety members.
PLEASE DO NOT SIGN "EXHIBIT ONLY"
2. Public Agency shall participate in the Public Employees' Retirement System from and after May 1, 1965 making its employees as hereinafter provided, members of said System subject to all provisions of the Public Employees' Retirement Law except such as apply only on election of a contracting agency and are not provided for herein and to all amendments to said Law hereafter enacted except those, which by express provisions thereof, apply only on the election of a contracting agency.
Public Agency agrees to indemnify, defend and hold harmless the California Public Employees' Retirement System (CalPERS) and its trustees, agents and employees, the CaPERS Board of Administration, and the California Public Employees' Retirement Fund from any claims, demands, actions, losses, liabilities, damages, judgments, expenses and costs, including but not limited to interest, penalties and attorney fees that may arise as a result of any of the following:
(a) Public Agency's election to provide retirement benefits, provisions or formulas under this Contract that are different than the retirement benefits, provisions or formulas provided under the Public Agency's prior non-CalPERS retirement program. (b) Any dispute, disagreement, claim, or proceeding (including without limitation arbitration, administrative hearing, or litigation) between Public Agency and its employees for their
representatives) which relates to Public Agency's election to amend this Contract to provide retirement benefits, provisions or formulas that are different than such employees' existing retirement benefits, provisions or formulas.
(c) Public Agency's agreement with a third party other than CaPERs to provide retirement benefits, provisions, or formulas that are different than the retirement benefits, provisions or formulas provided under this Contract and provided for under the California Public Employees' Retirement Law.
Employees of Public Agency in the following classes shall become members of said Retirement System except such in each such class as are excluded by law or this agreement:
a. Local Fire Fighters (herein referred to as local safety members); Local Police Officers (herein referred to as local safety members); C. Employees other than local safety members (herein referred to as local miscellaneous members).
PLEASE DO NOT SIGN "EXHIBIT ONLY"
In addition to the classes of employees excluded from membership by said Retirement Law, the following classes of employees shall not become members of said Retirement System:
a. PERSONS COMPENSATED ON AN HOURLY BASIS HIRED ON
OR AFTER MARCH 1, 1966; AND
CITY COUNCIL MEMBERS PROSPECTIVELY FROM
SEPTEMBER 21, 2012.
The percentage of final compensation to be provided for each year of credited prior and current service for classic local miscellaneous members in employment before and not on or after October 8, 2005 shall be determined in accordance with Section 21354 of said Retirement Law, subject to the reduction provided therein for service prior to September 30, 1977, termination of Social Security, for members whose service has been included in Federal Social Security (2% at age 55 Full and Modified).
7. The percentage of final compensation to be provided for each year of credited prior and current service for classic local miscellaneous members in employment on or after October 8, 2005 and not entering membership for the first time in the miscellaneous classification after December 25, 2010 shall be determined in accordance with Section 21354.4 of said Retirement Law, subject to the reduction provided therein for service prior to September 30, 1977, termination of Social Security, for members whose service has been included in Federal Social Security (2.5% at age 55 Full and Modified).
The percentage of final compensation to be provided for each year of credited current service as a classic local miscellaneous member entering membership for the first time in the miscellaneous classification after December 25, 2010 shall be determined in accordance with Section 21353 of said Retirement Law (2% at age 60 Full).
9. The percentage of final compensation to be provided for each year of credited prior and current service as a new local miscellaneous member shall be determined in accordance with Section 7522.20 of said Retirement Law (2% at age 62 Full).
10. The percentage of final compensation to be provided for each year of credited prior and current service as a classic local police member entering membership in the police classification on or prior to October 30, 2010 and for those classic local fire members entering membership in the fire classification on or prior to March 31, 2012 shall be determined in accordance with Section 21362.2 of said Retirement Law (3% at age 50 Full).
PLEASE DO NOT SIGN "EXHIBIT ONLY"
The percentage of final compensation to be provided for each year of credited current service as a classic local police member entering membership for the first time in the police classification after October 30, 2010 shall be determined in accordance with Section 21363.1 of said Retirement Law (3% at age 55 Full).
12. The percentage of final compensation to be provided for each year of credited current service as a classic local fire member entering membership for the first time in the fire classification after March 31, 2012 shall be determined in accordance with Section 21362 of said Retirement Law (2% at age 50 Full).
13. The percentage of final compensation to be provided for each year of credited prior and current service as a new local safety member shall be determined in accordance with Section 7522.25(d) of said Retirement Law (2.7% at age 57 Full).
14. Public Agency elected and elects to be subject to the following optional provisions:
a. Sections 21624 and 21626 (Post-Retirement Survivor Allowance) for classic local police members entering membership on or prior to October 30, 2010, classic local miscellaneous members entering membership on or prior to December 25, 2010 and for classic local fire members entering membership on or prior to March 31, 2012.
Section 21222.2 (One-Time 5% Increase - 1971). Legislation repealed said Section effective January 1, 1980.
c. Section 20965 (Credit for Unused Sick Leave).
Section 21574 (Fourth Level of 1959 Survivor Benefits) for local miscellaneous members only.
e. Section 20042 (One-Year Final Compensation) for classic local police members entering membership on or prior to October 30, 2010, classic local miscellaneous members entering membership on or prior to December 25, 2010 and classic local fire members entering membership on or prior to March 31, 2012.
Section 20516 (Employees Sharing Cost of Additional Benefits):
Section 21362.2 (3% @ 50 Full formula) effective June 23, 2001 for local police members. From and after December 17, 2005 and January 8, 2022 the employee cost sharing contribution is not to exceed 3%.
PLEASE DO NOT SIGN "EXHIBIT ONLY"
Section 20516 (Employees Sharing Cost of Additional Benefits):
Section 21362.2 (3% @ 50 Full formula) effective June 23, 2001 for local fire members. From and after December 17, 2005 and until March 31, 2012 the fire employees of Public Agency shall be assessed an additional 3% of their compensation, pursuant to Government Code Section 20516.
g. Section 20903 (Two Years Additional Service Credit).
Section 20475 (Different Level of Benefits). Section 21363.1 (3% @ 55 Full formula), Section 20037 (Three-Year Final Compensation) and to remove Sections 21624 and 21626 (Post-Retirement Survivor Allowance) applicable to classic local police members entering membership for the first time with this agency in the police classification after October 30, 2010.
Section 21353 (2% @ 60 Full formula), Section 20037 (Three-Year Final Compensation) and to remove Sections 21624 and 21626 (Post-Retirement Survivor Allowance) applicable to classic local miscellaneous members entering membership for the first time with this agency in the miscellaneous classification after December 25, 2010.
Section 21362 (2% @ 50 Full formula), Section 20037 (Three-Year Final Compensation) and to remove Sections 21624 and 21626 (Post-Retirement Survivor Allowance) applicable to classic local fire members entering membership for the first time with this agency in the fire classification after the March 31, 2012.
i. Section 20516 (Employees Sharing Additional Cost):
From and after January 8, 2022 and until the effective date of this amendment to contract, .5% for first tier classic local miscellaneous members.
From and after January 8, 2022 and until the effective date of this amendment to contract, 1% for first tier classic local police members.
From and after January 8, 2022 and until the effective date of this amendment to contract, 1% for first tier classic local fire members.
From and after the effective date of this amendment to contract, 1% for first tier classic local miscellaneous members.
From and after the effective date of this amendment to contract, 2% • for first tier classic local police members.
PLEASE DO NOT SIGN "EXHIBIT ONLY"
From and after the effective date of this amendment to contract, 2% for first tier classic local fire members.
The portion of the employer's contribution that the member agrees to contribute from his or her compensation, over and above the member's normal contribution ("Cost Sharing Percentage"), shall not exceed the Employer Normal Cost Rate, as that rate is defined in the CaPERS Actuarial Valuation for the relevant fiscal year. If Normal Cost Rate for the relevant fiscal year.
15. Public Agency, in accordance with Government Code Section 20790, • ceased to be an "employer" for purposes of Section 20834 effective on October 18, 1975. Accumulated contributions of Public Agency shall be fixed and determined as provided in Government Code Section 20834, and accumulated contributions thereafter shall be held by the Board as provided in Government Code Section 20834.
16. Public Agency, in accordance with Government Code Section 20840 and regulations, has elected to participate in risk pools for its miscellaneous members and shall share its experience with the experience of all employers participating in the same risk pool.
17. Public Agency shall contribute to said Retirement System the contributions determined by actuarial valuations of prior and future service liability with respect to local miscellaneous members and local safety members of said Retirement System.
18. Public Agency shall also contribute to said Retirement System as follows:
a. Contributions required per covered member on account of the 1959 Survivor Benefits provided under Section 21574 of said Retirement Law. (Subject to annual change.) In addition, all assets and liabilities of Public Agency and its employees shall be pooled in a single account, based on term insurance rates, for survivors of all local miscellaneous members.
b. A reasonable amount, as fixed by the Board, payable in one installment within 60 days of date of contract to cover the costs of administering said System as it affects the employees of Public Agency, not including the costs of special valuations or of the periodic investigation and valuations required by law.
c. A reasonable amount, as fixed by the Board, payable in one installment as the occasions arise, to cover the costs of special valuations on account of employees of Public Agency, and costs of the periodic investigation and valuations required by law.
19. Contributions required of Public Agency and its employees shall be subject to aajustment by board on account of amendments to the Public Employees' Retirement Law, and on account of the experience under the Retirement System as determined by the periodic investigation and valuation required by said Retirement Law.
20. Contributions required of Public Agency and its employees shall be paid by Public Agency to the Retirement System within fifteen days after the end of the period to which said contributions refer or as may be prescribed by Board regulation. If more or less than the correct amount of contributions is paid for any period, proper adjustment shall be made in connection with subsequent remittances. Adjustments on account of errors in contributions required of any employee may be made by direct payments between the employee and the Board.
This alandment shall be effective on the. _ day of
BOARD OF ADMNISTRATION CITY COUNCIL
CITY OF FOUNTAIN VALLEY
PUBLIC ENFLOVER RETIREZMENT SYSTEM
PENSION CONTRE CE PE PRESIDING SEICER
PENSION CONTRACTS ANE REFUNDING
PROGRAMS DIVISION
PUBLIC EMPLOYEES' RETIRE SENT SYSTEM
SIGN "EXHIBIT
Witness Date
Attest:
Clerk
AMENDMENT CaPERS ID #4102420058
PERS-CON-702A
CITY OF FOUNTAIN VALLEY
Fontan Fley CITY COUNCIL
A NICE PLACE TO LIVE
JUNE 13, 1951
COUNCIL ACTION REQUEST
To: Honorable Mayor and Agenda Date: May 25, 2022
Members of the City Council
Subject: Approve a Second Amendment to the Agreement with Vincent Benjamin Group for Temporary Employee Staffing Services
EXECUTIVE SUMMARY:
Approve a second amendment to the agreement (CON-21-43) with Vincent Benjamin Group to approve additional funding up to $300,000 for a total contract sum of $500,000 to continue providing staffing services through the term of the contract ending August 24, 2024.
DISCUSSION:
Temporary staffing services provides professional temporary staffing services for the City of Fountain Valley's temporary employment needs focusing on the following services; general administrative office support, executive/senior administrative office support, accounting and financial administrative support, or limited term City assignments due to vacancies, employee leaves of absences, or to assist with work backlogs. • The Contractor shall provide temporary workers who have the skills required for the assignment.
• The City reserves the right to end a temporary staff's assignment if work performed is substandard, attendance is poor, assignment is completed, or for other business related reasons. The Contractor shall remove any temporary worker from their assignment at the City's request, and at the time requested by the City, and provide a replacement temporary worker if requested by the City. • The Contractor shall be responsible for all decisions concerning matters of hiring, firing, discipline, payroll practices, and employee benefits such as vacation, sick and other leave benefits. Temporary workers provided by the agency shall be considered employees of the agency and shall in no sense be considered employees or agents of the City.
The City has a need for additional staffing services to continue beyond what was initially anticipated and allocated for in the original agreement and first amendment due to vacancies and staff shortages. The City now desires to amend the agreement with
Approve First Amendment to Agreement Vincent Benjamin Group May 25, 2022
Vincent Benjamin to approve additional funding to the consultant to continue providing temporary staffing services through the remainder of the term of the agreement.
FINANCIAL ANALYSIS:
The compensation provided to consultant shall be increased by an amount not to exceed $300,000 for a total contract sum of $500,000. Funds are available in various departmental Contractual Services-Professional and Other Professional accounts.
ALTERNATIVES:
Alternative No. 1: Approve First Amendment to the Agreement Alternative No. 2: Do not approve the First Amendment to the Agreement.
RECOMMENDATION:
Staff recommends Alternative No. 1.
Prepared by: Carrie Hanes, Director of Human Resources
Fiscal Review by: Ernestine Jones, Interim Finance Director Approved by: Raul Godinez II, Interim City Manager
Attachment: 1. Second Amendment to the Contract with
Vincent Benjamin Group
AMENDMENT NO. 2 TO CON-21-43
VincentBenjamin Group, LLC
This SECOND AMENDMENT to CON-21-43 is made and entered into this 25th day of May, 2022, by and between the City of Fountain Valley, a municipal corporation (hereinafter "CITY") and VincentBenjamin Group, LLC (hereinafter "CONSULTANT").
Recitals
WHEREAS, CITY and CONSULTANT previously entered into an Agreement for temporary staffing services CON-21-43 dated August 24, 2021 ("AGREEMENT") for a not-to- exceed amount of $50,000 and expiring August 24, 2024; and WHEREAS, CITY and CONSULTANT entered into a FIRST AMENDMENT to the AGREEMENT on January 18, 2022 to approve additional funding in the amount of $150,000 for •i
CONSULTANT to provide additional temporary staffing services; and WHEREAS, CITY has a need for further additional temporary staff services beyond that allocated for in the AGREEMENT and FIRST AMENDMENT; and nding or SULTANT to done desire amend the ran see prove orin AMENDMENT").
NOW, THEREFORE, the parties hereto agree as follows:
That the total compensation to CONSULTANT under the AGREEMENT shall be increased by $300,000 for a TOTAL CONTRACT SUM not to exceed amount of $500,000.
In witness whereof, the partles hereto have entered into this SECOND AMENDMENT the date and year first above written.
ATTEST: CITY OF FOUNTAIN VALLEY
-
City Clerk Mayor
APPROVED AS TO FORM: VincentBenjamin LLC
Attorney for the City
Its:
CITY OF FOUNTAIN VALLEY
Fantas abey CITY COUNCIL
A NICE PLACE TO LIVE
JUNE 13, 1951
COUNCIL ACTION REQUEST
To: Honorable Mayor and Agenda Date: May 25, 2022
Members of the City Council
SUBJECT: Review Need for Continuing Local Emergency Due to the Omni Metals HazMat Fire
EXECUTIVE SUMMARY:
The fire at Omni Metals, located at 11665 Coley River Circle, resulted in water runoff that included hazardous materials on Coley River Circle. On May 3, 2022, the City Council, at the recommendation of Staff, declared the existence of a Local Emergency. This item is a review of the need for continuing the local emergency.
LEGAL BACKGROUND:
The California Emergency Services Act provides that a local emergency may be proclaimed by the City Council. (Gov Code 8630.) Whenever a local emergency has been proclaimed, the City Council reviews the need for continuing the local emergency at least once every 60 days until the City Council terminates the local emergency. (Gov Code 8630.) The City Council proclaims the termination of the local emergency at the earliest possible date that conditions warrant. (Gov Code 8630.) OMNI METALS HAZMAT FIRE:
The fire at Omni Metals, located at 11665 Coley River Circle, occurred on April 20, 2022.
The fire resulted in water runoff that included hazardous materials on Coley River Circle.
Within hours of the fire, the third-party vendor began remediation of the spill. By April 22, 2022, approximately 48-hours after the incident occurred, all public areas along Newhope Street, the full length of Coley River Circle, and the storm drain facility extending to Euclid Street and Grace Avenue were declared safe for both public pedestrian and vehicular traffic by the Orange County Public Health Department and the third party clean up vendor.
Soil samples from the water valve risers and meters from Coley River, where the hazardous materials incident occurred, came back with high levels of cyanide and other heavy metals. The City will work with a third-party vendor to perform additional soil
City Council Request
Revie of Need to Continue Local Emergency
May 25, 2022
samples to isolate the extent of the soil contamination. The City will continue to monitor and conduct additional remediation as needed. The surface-level streets and public right of way remain safe for vehicle and pedestrian travel. There is no impact on potable water and storm drain water quality. The following table provides a summary of important milestones regarding the response and remediation:
Date Action
April 20- • The Public Works crew responded to an emergency dispatch call for 22,2022 assistance with fire operation containment at 4:45 am.
PW crew was on-site by 5:30 am to assist with the fire-fighting operation for traffic control and contaminated water containment. • PW crews on standby 24/7 to assist with traffic control, road closures, and assist with remediation efforts by constructing containment dams.
• Sewer/Storm Drain crews oversaw cleanup efforts of our storm drain system
• Water crew directed Ocean Blue to take soil samples on all water valves and meters that were under contaminated water
April 22, • Coley River Cir was declared safe by the third party clean up vendor 2022 and OC PW
• Ocean Blue, the remediation contractor took soil samples from all the water valves since they've been under contaminated water for 3 days April 26, • Fire Marshall Michelle Rudaitis informed Public Works Director that 2022 the soil sample tests came back with levels of toxic substances of concern.
• PW Director informed the Public Works crew not to perform any maintenance on Coley River Cir until further notice.
May • Finance generated a PO for Ocean Blue to start additional soil 2022 investigation to identify the extent of the soil contamination. • Ocean Blue called for Dig-Alert. Utility marking was completed on May 6 May 10, • PW staff marked in the field the locations for soil samples. 2022 • Ocean Blue will take soil samples by hand auger to protect the utilities.
May 17, • Ocean Blue was given the notice to proceed with soil sampling with a 2022 no-fee permit from Engineering
Public Works continues to collaborate with Orange County Public Works (OCPW) and Orange County Health (OC Health). Public Works is working directly with a third-party vendor recommended by the OCPW/OC Health to identify the extent of soil contamination. The contaminated water covered the potable water supply pipe valves and saturated the soil around the City's potable water lines. After Dig-Alert utility marking, the Public Work/Water Division identified the soil sample locations. The vendor was given
City Council Request
Revie of Need to Continue Local Emergency
May 25, 2022
authorization to proceed with a no-fee permit from the Engineering Division on May 17, 2022. The soil sample results may take up to 2-3 weeks.
When the soil sample results become available, Engineering will consult with Environmental Protection Agency (EPA) and OC Health to identity the soil contaminants and remediation strategy. If the remediation is needed, the remediation will include excavation/removal/manifest of contaminated soil and reconstructing the waterline and pavement along Coley River Circle.
City's water supply and water quality remain safe from the potentially contaminated soil as our water system is under pressure.
The Fire Department remains in active communication with the owners of Omni Metals as well as the Environmental Protection Agency (EPA) and Orange County Health (OCH) to oversee property and building cleanup. The owners have contracted with the same third party vendor (Ocean Blue) that is being used by public works for soil remediation.
The FVFD Fire Marshal remains the liaison to the owners as it relates to the building clean up and will remain in that roll until the building is clean and the fire sprinkler system has been restored. Additionally, the Fire Marshal is in regular communication with FV Public Works. The building remains on 24-hour fire watch by a third party security vendor and the progress and effort. Progress to this point has been acceptable.
ATTORNEY REVIEW:
The Attorney for the City prepared this staff report, with the Fire Chief and Director of Public Works.
ALTERNATIVES:
Alternative No. 1: Review and approve the continued need for the Proclamation of Local Emergency due to the Omni Metals HazMat Fire.
Alternative No. 2: Find that there is no need to continue the Local Emergency, in which case the emergency will terminate and Staff will prepare a resolution for Council approval at the next Council Meeting ratifying the termination of the local emergency.
RECOMMENDATION:
Staff recommends that the City Council approve Alternative No. 1: Approve the continued need for the Proclamation of Local Emergency due to the Omni Metals HazMat Fire. This is the recommended action because remediation continues and the declaration of local emergency provides the City with additional liability protection, the ability to take
City Council Request
Revie of Need to Continue Local Emergency
May 25, 2022
extraordinary action of the need arises, and may provide additional advantages in seeking cost recovery.
Prepared by: Colin Burns, Attorney for the City
Prepared by: HyeJin Lee, Director of Public Works
Prepared by: Ron Cookston, Fire Chief