Fountain Valley City Council
June 21, 2022

AGENDA

CITY COUNCIL/ SUCCESSOR

AGENCY TO THE FOUNTAIN

VALLEY AGENCY

FOR COMMUNITY DEVELOPMENT/

FOUNTAIN VALLEY HOUSING AUTHORITY
Closed Session 4:30 p.m.

Regular Meeting 6:00 p.m.

Tuesday, June 21, 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 Cit y Co unci l or oth er 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.

Topic: City Council Meeting
Time: Jun 21, 2022 04:30 PM Pacific Time (US and Canada) Join Zoom Meeting
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CLOSED SESSION
CALL TO ORDER 4:30 p.m.

PUBLIC COMMENTS (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.

CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to paragraph (3) of subdivision (d) of Section 54956.9: (2 potential cases)

THREAT TO PUBLIC SERVICES OR FACILITIES
Consultation with: Interim IT Manager

CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: 18375 Euclid Street
Agency Negotiator: City Manager, Community Development Director, Finance Director, Attorney for the City
Negotiating Parties: Fountain Valley and Becker Boards
Under Negotiation: Price and terms of payment

CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: 17101 Bushard
Agency Negotiator: City Manager, Community Development Director, Finance Director, Attorney for the City
Negotiating Parties: Fountain Valley and Blackridge, LLC Under Negotiation: Price and terms of payment

PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Title: City Manager

OPEN SESSION
CALL TO ORDER 6:00 p.m.

INVOCATION
SALUTE TO THE FLAG Mayor Pro Tem Kim Constantine

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
 Certificate of Kindness presented to: Police Services Officer Andrew Quang  Proclamation Recognizing the Month of June as Pride Month in the City of Fountain Valley

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 item(s) are requested to identify themselves by completing a blue speaker card indicating the item they want to address and to give the card to the City Clerk prior to the public comment period. Each person will be given up to 3 minutes to speak on the entire Consent Calendar, 3 minutes to speak on each item pulled from the consent calendar, and 3 minutes to speak on any agendized item(s) not appearing on the Consent Calendar.

CONSENT CALENDAR
Consent Calendar Items 1 – 12 will be approved simultaneously with one motion, unless separate action/or discussion is requested.

1. Receive and File the Draft Minutes of the April 12, 2022 Special City Council Meeting

2. Receive and File the Draft Minutes of the Special City Council Meeting on May 3, 2022

3. Receive and File the Draft Minutes of the May 17, 2022 Regular City Council Meeting

4. Receive and File the Draft Minutes of the May 25, 2022 Special City Council Meeting

5. Receive and File the Draft Minutes of the June 7, 2022 Regular City Council Meeting

6. Approval and Award of Copiers Lease and Maintenance Contract Page 26 Recommended Action: Approve the purchase of 11 Ricoh Copiers for the City for a total of $71,500 over five years, along with managed print services during the duration of Agreement #2855945

7. Second Reading and Adoption of an Ordinance approving Code Amendment No. 22-01

Recommended Action: Adopt the attached Ordinance of the City Council of the City of Fountain Valley approving a Notice of Exemption in accordance with the California Environmental Quality Act (CEQA) and approve Code Amendment No. 22-01 to remove section 21.10.050(a)(2)(I) from the Fountain Valley Municipal Code (FVMC) which includes a sunset date of July 16, 2021 for the allowance of permanent outdoor display and sales for grocery stores over 14,000 gross square feet and big box warehouse retail stores over 130,000 gross square feet.

8. Accept a Fee Proposal from AGA Engineers Inc. not to exceed $50,000 for Citywide Traffic Signal Timing Maintenance for FY 22/23 and authorize the staff to issue a Purchase Order to encumber the on-call contract. Page 79
Recommended Action: Staff recommends that the City Council approve Alternative No. 1, which is to accept the fee proposal from AGA Engineers Inc. not to exceed $50,000 for citywide traffic signal timing maintenance for FY 22/23 and authorize the staff to issue Purchase Order for the service.

9. Second Reading and Adoption of an Ordinance Establishing a Military Equipment Use Policy

Recommended Action: Staff recommends that the City Council adopt the attached Ordinance Establishing a Military Equipment Use Policy.

10. Resolutions Relating to the Calling of the November 8, 2022, General Municipal Election

11. A Resolution of the City Council of City of Fountain Valley Declaring a Level 2 Water Supply Shortage with a Provision to Prohibit the Use of Potable Water for the Irrigation of NonFunctional Turf at Commercial, Industrial and Institutional Sites Page 150 Recommended Action: Staff recommends that the City Council adopt a Resolution declaring a Level 2 Water Supply Shortage with a provision to prohibit the use of potable water for irrigation of non-functional turf at commercial, industrial and institutional sites.

12. Accept the Proposal and Award a Contract in the Amount Not to Exceed $96,027 to Bucknam Infrastructure Group, Inc. for Core GIS Program Management and Maintenance for FY 22/23

Recommended Action: Staff recommends that the City Council approve Alternative No. 1, which is to accept the proposal and award a contract not to exceed $96,027 for FY 22/23 to Bucknam Infrastructure Group, Inc. for core GIS program management and maintenance.

PUBLIC HEARINGS
Each person will have up to 3 minutes to speak on each Public Hearing.

13. Public Hearing - Approval of the FY 2022-23 Community Development Block Grant (CDBG) Annual Action Plan – Presentation by Ashlyn Newman, Housing Coordinator Page 208 Recommended Action: Alternative No. 1: Conduct a public hearing for the FY 2022-23 Action Plan, approve the FY 2022-23 Action Plan, and authorize the City Manager to execute all documents necessary to submit the final FY 2022-23 Action Plan to HUD prior to the July 13, 2022, deadline.

ADMINISTRATIVE ITEMS

14. Resolution Adopting the FY 2022-23 Annual Operating Budget & Ten-Year Capital Improvement Program (Adoption of the ten-year Capital Improvement Plan consistent with Measure M2 Eligibility process), and Financial, Budget & Debt Policies and; Resolution Adopting the FY 2022-23 GANN Appropriations Limit and; Resolution establishing the FY 2022-23 Annual Schedule of Property Rental and Administrative Service Charges to the Municipal Water & Sewer Utility Funds – Presentation by Ernestine Jones, Interim Finance Director Page 280
It is recommended that the City Council approve Alternative No. 1, which is to:

1. Adopt a resolution adopting the FY 2022-23 City of Fountain Valley Annual Budget and related schedules; Ten-Year Capital Improvement Plan; and Financial, Budget and Debt Policies. (Adoption of the ten year Capital Improvement Plan consistent with Measure M2 Eligibility process);

2. Adopt a resolution approving the FY 2022-23 Gann Appropriations Limit; and

3. Adopt a resolution establishing the FY 2022-23 annual schedule of property rental

15. Approve a Memorandum of Understanding with the Cities of Garden Grove and Westminster to Advance a Homeless Navigation Center – Presentation by Colin Burns, Attorney for the City Page 475
Recommended Action: Staff recommends Council approve the attached Memorandum of Understanding.

16. Authorization to Distribute the Proposition 218 Notification Regarding a Proposed Residential Trash Collection Rate Increase to comply with the requirement of SB 1383, Short-lived Climate Pollutant Reduction Strategy (i.e. Organics Recycling) – Presentation by HyeJin Lee, Public Works Director Page 486
Recommended Action: Staff recommends that the City Council approve Alternative No. 1, which is Authorize Staff to Distribute Public Hearing Notices Regarding Proposed Residential Trash Collection Rate Increase in Compliance with Proposition 218.

17. General Plan Advisory Committee (GPAC) Appointment – Presentation by Omar Dadabhoy, Community Development Director Page 494
Recommended Action: Approve the selection of Steven Schwarz to represent the Measure HH Committee on the GPAC.

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 July 19, 2022 at 6:00 p.m., in the Fountain Valley Council Chambers, 10200 Slater Avenue, Fountain Valley.

MINUTES OF THE

CITY COUNCIL
Special Meeting 5:00 p.m.

Closed Session following the Open Meeting
Tuesday, April 12, 2022
Council Chambers

OPEN SESSION
CALL TO ORDER 5:04 p.m.

CITY COUNCIL/SUCCESSOR AGENCY/HOUSING AUTHORITY/ ROLL CALL Council Members: Bui, Grandis, Mayor Pro Tem/Vice Chair Constantine, Mayor/Chair Harper Council member Vo was absent at the start of the meeting and arrived at 5:06 p.m.

ADMINISTRATIVE ITEMS

6. City Council Discussion on the various regional appointments to be made by the city selection committee at its meeting on 5/19/2022
Members of the City Council stated their wishes as it related to the city selection committee appointments.

CLOSED SESSION
CALL TO ORDER 5:12 p.m.

PUBLIC COMMENTS (Closed Session matters only)
 PUBLIC EMPLOYEE APPOINTMENT
Title: City Manager
No reportable action

ADJOURN THE MEETING OF THE CITY COUNCIL
Mayor Harper adjourned the meeting at 7:30 p.m.
___________________________
Patrick Harper, Mayor
Attest:
___________________________
Rick Miller, City Clerk

MINUTES OF THE

CITY COUNCIL
Special Meeting 4:15 p.m.

Tuesday, May 3, 2022
Council Chambers

OPEN SESSION
CALL TO ORDER 4:16 p.m.

CITY COUNCIL/SUCCESSOR AGENCY/HOUSING AUTHORITY/ ROLL CALL Council Members: Bui, Grandis, Mayor Pro Tem/Vice Chair Constantine, Mayor/Chair Harper Council member Vo was absent at the start of the meeting and arrived at 4:22 p.m. Mayor Pro Tem Constantine was absent at the start of the meeting and arrived at 4:24 p.m.

ADMINISTRATIVE ITEMS

1. Approve a Resolution Proclaiming the Existence of a Local Emergency Due to the Omni Metals HazMat Fire
ACTION: Move to Approve a Resolution Proclaiming the Existence of a Local Emergency Due to the Omni Metals HazMat Fire
MOTION: Bui SECOND: Grandis
AYES: Bui, Grandis, Vo, Constantine, Harper
NOES: None
ABSENT: None
ABSTAIN: None

ADJOURN THE MEETING OF THE CITY COUNCIL
Mayor Harper adjourned the meeting at 4:39 p.m.
___________________________
Patrick Harper, Mayor
Attest:
___________________________
Rick Miller, City Clerk

MINUTES OF THE

CITY COUNCIL/ SUCCESSOR AGENCY TO THE FOUNTAIN

VALLEY AGENCY

FOR COMMUNITY DEVELOPMENT/ FOUNTAIN VALLEY

HOUSING AUTHORITY
Study Session 5:00 p.m.

Regular Meeting 6:00 p.m.

Closed Session Immediately Following the Regular Meeting Tuesday, May 17, 2022
Council Chambers

STUDY SESSION
CALL TO ORDER 5:00 p.m.

PUBLIC COMMENTS (Study Session matters only)
Evan Jorgensen
 Political Signs
No Action Taken
 Fiscal Year 22/23 Proposed Budget Workshop
Interim Finance Director, Ernestine Jones and Budget Manager, Shannon Espinoza presented on the 2022-2023 Fiscal Year Proposed Budget. City Engineer, Temo Galvez presented on the CIP.

OPEN SESSION
CALL TO ORDER 6:13 p.m.

INVOCATION Mayor Patrick Harper
SALUTE TO THE FLAG Council Member Glenn Grandis

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
Signed versions of the 5 contracts contained in Items 3 & 5 of the Consent Calendar were in included in the Red Folder.

PRESENTATIONS
 Mayor Harper presented the Mental Health Awareness Proclamation. No one was in attendance to accept.
 Mayor Harper Presented the Public Works Proclamation. Public Works Director Hye Jin Lee and Public Works staff were in attendance to accept.

CITY MANAGER/MAYOR UPDATE
City Manager Godinez II reported about the upcoming Crawfish Festival on May 20 – May 22

FIRST CITY COUNCIL/ SUCCESSOR AGENCY/ HOUSING AUTHORITY/ PUBLIC COMMENTS (Unscheduled Matters Only)
Leston Trueblood
Elizabeth Moore
Karla Stagman
Rebecca Captain
Maryann Marks
Joy Chen & Nick Whitefield
Evan Jorgensen
Jaye Towne Via Zoom
Priscilla Via Zoom
PUBLIC COMMENTS (Scheduled Matters Only)
Rudy Huebner – Item 7
Stephen Schwarz – Item 7 via Zoom

CONSENT CALENDAR
Consent Calendar Items 1-4 were approved
Items 5 was pulled

1. A Resolution of the City Council of the City of Fountain Valley approving the Fiscal Year 2022/23 Project List for SB-1 Funds for $1,260,842 for the following street rehabilitation projects and funding appropriations
ACTION: Move to approve A Resolution of the City Council of the City of Fountain Valley approving the Fiscal Year 2022/23 Project List for SB-1 Funds for $1,260,842 for the following street rehabilitation projects and funding appropriations MOTION: Vo SECOND: Constantine
AYES: Bui, Grandis, Vo, Constantine, Harper
NOES: None
ABSENT: None
ABSTAIN: None

2. A Resolution of the City Council of the City of Fountain Valley Concerning the Status and Update of the Pavement Management Plan for the Measure M (M2) Program ACTION: Move to approve A Resolution of the City Council of the City of Fountain Valley Concerning the Status and Update of the Pavement Management Plan for the Measure M (M2) Program
MOTION: Vo SECOND: Constantine
AYES: Bui, Grandis, Vo, Constantine, Harper
NOES: None
ABSENT: None
ABSTAIN: None

3. Approve Amendment No. 3 for $25,050 to Iteris Inc. (CON 21-27) and amend the budget as recommended for Fiber Optic Infrastructure Maintenance Services through June 30, 2022
ACTION: Move to approve Amendment No. 3 for $25,050 to Iteris Inc. (CON 21-27) and amend the budget as recommended for Fiber Optic Infrastructure Maintenance Services Through June 30, 2022
MOTION: Vo SECOND: Constantine
AYES: Bui, Grandis, Vo, Constantine, Harper
NOES: None
ABSENT: None
ABSTAIN: None

4. Accept a Fee Proposal from Interwest Not to Exceed $80,000 for a Three-Month Extension of Engineering Plan Check and Encroachment Permit Review Services and Direct Staff to Issue a Purchase Order for the Amount
ACTION: Move to approve to Accept a Fee Proposal from Interwest Not to Exceed $80,000 for a Three-Month Extension of Engineering Plan Check and Encroachment Permit Review Services and Direct Staff to Issue a Purchase Order for the Amount
MOTION: Vo SECOND: Constantine
AYES: Bui, Grandis, Vo, Constantine, Harper
NOES: None
ABSENT: None
ABSTAIN: None

5. Item 5 was pulled by Council Member Bui
Approve the On-Call List of Qualified Consultants for As-Needed Material Testing Services and Award Four (4) Contracts to the Qualified Consultants for an Amount Not to Exceed $400,000 per Contract for a Three-Year Term

ACTION: Move to approve the On-Call List of Qualified Consultants for As-Needed Material Testing Services and Award Four (4) Contracts to the Qualified Consultants for an Amount Not to Exceed $400,000 per Contract for a ThreeYear Term MOTION: Vo SECOND: Grandis
AYES: Bui, Grandis, Vo, Constantine, Harper
NOES: None
ABSENT: None
ABSTAIN: None
PUBLIC HEARINGS.

6. Introduction and First Read of an Ordinance Establishing a Military Equipment Use Policy Per CA Assembly Bill 481
Public Hearing Opened: 7:05 p.m.

No Public Comments
Public Hearing Closed: 7:05 p.m.

ACTION: Move to Approve a First Reading of an Ordinance: 1) Establishing a Military Equipment Use Policy; and 2) As part of the Approval, make Findings related thereto
MOTION: Vo SECOND: Bui
AYES: Bui, Grandis, Vo, Constantine, Harper
NOES: None
ABSENT: None
ABSTAIN: None

ADMINISTRATIVE ITEMS

7. License Agreement with SiFi Networks Fountain Valley LLC, a Delaware limited liability company for deployment of a Citywide Fiber Optic Infrastructure Public Comments made on Item 7:

Rudy Huebner
Stephen Schwarz via Zoom
ACTION: Move to Approve the License Agreement with SiFi Networks Fountain Valley LLC (SiFi), a Delaware limited liability company for the deployment of a Citywide Fiber Optic infrastructure.

MOTION: Vo SECOND: Grandis

AYES: Bui, Grandis, Vo, Constantine, Harper
NOES: None
ABSENT: None
ABSTAIN: None

COUNCIL MEMBER ITEMS FOR FUTURE CONSIDERATION
Mayor Pro Tem Constantine requests a 30-day Reconsideration of Billboard referencing poor noticing to the public. No second.

CITY COUNCIL/ SUCCESSOR AGENCY/ HOUSING AUTHORITY/ PUBLIC COMMENTS No requests.

CITY COUNCIL/SUCCESSOR AGENCY/HOUSING AUTHORITY AB 1234/GENERAL COMMENTS Council Member Bui
May 12 Attended the Warner Bridge Tour
May 13 Attended the Fire Department Badge Ceremony
Council Member Vo
Council Member Grandis
May 4 City Manager Interviews
May 6 City Manager Interviews
May 5-6 Attended the SCAG Conference
May 9 Attended the Fountain Valley Schools Foundation Fundraiser May 10 City Manager Interview Second Interviews
May 12 Attended the Warner Bridge Tour
Mayor Pro Tem Constantine
May 4 Interviewed City Manager candidates, night 1
May 6 Interviewed City Manager candidates, night 2
May 7 Attended the Friends of the Library Book Sale, then the Congresswoman Michelle Steel’s Meet & Greet in Fountain Valley
May 10 Viewed the OC Board of Supervisors Meeting on the County’s website, then attended the in-person OC Vector Control Trustee Tour and Lunch, then interviewed City Manager candidates for a second round on interviews May 11 Attended the Proposed 2022-2023 Budget & 20-year Financial Plan Forecast Model Meeting, then attended the Planning Commission Meeting May 12 Attended Virtually the OC Human Relations “Bringing OC Together through Justice, Diversity and the Human Spirit” Luncheon, then attended the Warner Bridge Tour, then attended the OC Mosquito and Vector Control Special Meeting via Zoom
May 13 Attended the Fire Department Badge Ceremony, then attended Movies in the Park film featuring “Raya”

May 14 Attending the E-waste/Shredding event at the FV Sports Park May 17 Attended the SBDD (Small Business Development Day) at the Delta by Marriott in Garden Grove
Mayor Harper
May 4 Zoom call with Katrina Foley’s Office
May 13 Fire Department Badge Ceremony

ADJOURN THE MEETING OF THE CITY COUNCIL/SUCCESSOR

AGENCY/HOUSING AUTHORITY
Mayor Harper adjourned the meeting at 8:28 pm to the next Meeting of the Fountain Valley City Council Adjourned Regular Meeting on May 25, 2022 at 6:00 p.m., in the Fountain Valley Council Chambers, 10200 Slater Avenue, Fountain Valley.

CLOSED SESSION
CALL TO ORDER 8:35 pm

PUBLIC COMMENTS
Evan Jorgensen & Leston Trueblood
 CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Public Comments:

Evan Jorgensen
Leston Trueblood
No Reportable Action. Direction was given to the negotiator.  CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION No reportable action. Direction was given to the Attorney for the City.  PUBLIC EMPLOYEE APPOINTMENT
No Reportable Action. Direction was given to the Negotiator.

Mayor Harper adjourned Closed Session at 9:55 pm
________________________________________________________________________________________________________________________________ Patrick Harper, Mayor
Attest:
___________________________
Rick Miller, City Clerk

MINUTES OF THE

CITY COUNCIL/ SUCCESSOR AGENCY TO THE FOUNTAIN

VALLEY AGENCY

FOR COMMUNITY DEVELOPMENT/ FOUNTAIN VALLEY

HOUSING AUTHORITY
Closed Session 5:00 p.m.

Study Session Immediately Following Closed Session
Special Meeting 6:00 p.m.

Wednesday, May 25, 2022
Council Chambers

CLOSED SESSION
CALL TO ORDER 5:00 p.m.

PUBLIC COMMENTS (Closed Session matters only)
Leston Trueblood
 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
There was no reportable action

STUDY SESSION
CALL TO ORDER 5:15 p.m.

PUBLIC COMMENTS (Study Session matters only)
Matt Taylor
 Fiscal Year 2022/2023 Budget Workshop Follow-up

OPEN SESSION
CALL TO ORDER 6:03 p.m.

INVOCATION Mayor Patrick Harper
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 All members were present

CITY MANAGER / MAYOR UPDATES
Mayor Patrick Harper commented on the success of the Crawfish Festival.

ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS
There were no announcements

PRESENTATIONS
 Proclamation on the Adoption of the 5th Battalion, 11th Marine Regiment, 1st Marine Division (5/11 Marines)
Mayor Harper presented the proclamation to those in attendance.

FIRST CITY COUNCIL/ SUCCESSOR AGENCY/ HOUSING AUTHORITY/ PUBLIC COMMENTS (Unscheduled Matters Only)
Leston Trueblood, Katy Wright and Andrea Martell
PUBLIC COMMENTS (Scheduled Matters Only)

CONSENT CALENDAR
Consent Calendar Items 1 – 3 were approved simultaneously.

1. Receive and File the Draft Minutes of the May 3, 2022 Regular Meeting ACTION: Move to Receive and File the Draft Minutes of the January 18, 2022 Regular City Council Meeting
MOTION: Grandis SECOND: Vo
AYES: Bui, Grandis, Vo, Constantine, Harper
NOES: None
ABSENT: None
ABSTAIN: None

2. Second Reading and Adoption of an Ordinance of the City Council of the City of Fountain Valley
ACTION: Move to Receive and File the Draft Minutes of the January 18, 2022 Regular City

Council Meeting
MOTION: Grandis SECOND: Vo
AYES: Bui, Grandis, Vo, Constantine, Harper
NOES: None
ABSENT: None
ABSTAIN: None

3. Approve a Second Amendment to the Agreement with Vincent Benjamin Group for Temporary Employee Staffing Services
ACTION: Move to Receive and File the Draft Minutes of the January 18, 2022 Regular City Council Meeting
MOTION: Grandis SECOND: Vo
AYES: Bui, Grandis, Vo, Constantine, Harper
NOES: None
ABSENT: None
ABSTAIN: None

ADMINISTRATIVE ITEMS

4. Review Need for Continuing Local Emergency Due to the Omni Metals HazMat Fire ACTION: Move to Approve the Resolution and Need for Continuing Local Emergency Due to the Omni Metals HazMat Fire
MOTION: Vo SECOND: Constantine
AYES: Bui, Grandis, Vo, Constantine, Harper
NOES: None
ABSENT: None
ABSTAIN: None

COUNCIL MEMBER ITEMS FOR FUTURE CONSIDERATION
Mayor Pro Tem Constantine requested that the city use the newsletter as an extra means of communication for future agenda items. Second by Council Member Grandis

CITY COUNCIL/ SUCCESSOR AGENCY/ HOUSING AUTHORITY/ PUBLIC COMMENTS (Unscheduled Matters Only)
None
CITY COUNCIL/SUCCESSOR AGENCY/HOUSING AUTHORITY AB 1234/GENERAL COMMENTS

Council Member Bui
May 20-22 Attended the Crawfish Festival
Council Member Vo
May 20-22 Attended the Crawfish Festival
Council Member Grandis
J May 20-22 Attended the Crawfish Festival
Mayor Pro Tem Constantine
May 23-25 Attended ICSC with City Staff and Mayor Harper May 20-22 Attended the Crawfish Festival
Mayor Harper
May 20-22 Attended the Crawfish Festival
May 23-25 Attended ICSC with City Staff and Mayor Pro tem Constantine

ADJOURN THE MEETING OF THE CITY COUNCIL/SUCCESSOR AGENCY/HOUSING

AUTHORITY

Mayor Harper adjourned the meeting at 6:39 pm to the next Meeting of the Fountain Valley City Council on June 7, 2022 at 6:00 p.m., in the Fountain Valley Council Chambers, 10200 Slater Avenue, Fountain Valley.
________________________________________________________________________________________________________________________________ Patrick Harper, Mayor
Attest:
___________________________
Rick Miller, City Clerk

MINUTES OF THE

CITY COUNCIL/ SUCCESSOR AGENCY TO THE FOUNTAIN

VALLEY AGENCY

FOR COMMUNITY DEVELOPMENT/ FOUNTAIN VALLEY

HOUSING AUTHORITY
Study Session 5:00 p.m.

Regular Meeting 6:00 p.m.

Tuesday, June 7, 2022
Council Chambers

STUDY SESSION
CALL TO ORDER 5:00 p.m.

Council Member Bui was absent at the start of the Study Session. He arrived at 5:04 p.m.

PUBLIC COMMENTS (Study Session matters only)
None
 Regulation of Group Homes – Presentation by Alexandra Halfman, Deputy City Attorney Alex Halfman informed the City Council and the public as to how cities are regulating group homes.

OPEN SESSION
CALL TO ORDER 6:00 p.m.

INVOCATION Mayor Patrick Harper
SALUTE TO THE FLAG Council member Glenn Grandis

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
Item 11 had several updated documents that were provided to the City Council and the public.

PRESENTATIONS
 City of Kindness Presentation to Rocky McKinnon

Mayor Harper presented Rocky McKinnon with a City of Kindness Award.  Innovating Commerce Serving Communities 2022 Las Vegas Conference Recap – Presentation by Meghan Wishner, Management Aide
Meghan Wishner recapped the recent ICSC Conference that city representatives attended in Las Vegas and reported some of the meetings that took place with various land owners and businesses.

FIRST CITY COUNCIL/ SUCCESSOR AGENCY/ HOUSING AUTHORITY/ PUBLIC COMMENTS (Unscheduled Matters Only)
Katy Wright, Leston Trueblood and Evan Jorgensen
Item number 10 on the agenda was heard prior to the consent calendar

CONSENT CALENDAR

1. City of Fountain Valley Strategic Plan Review Update ACTION: Move to Approve the City of Fountain Valley Strategic Plan Review Update MOTION: Vo SECOND: Grandis
AYES: Bui, Vo, Constantine, Harper
NOES: Grandis
ABSENT: None
ABSTAIN: None

2. Adopt 7-Year Transportation Capital Improvement Program (CIP) for Annual Measure M (M2) Eligibility Program submittal For FY 2022-2023 through 2028-2029 Amend FY 2021-2022 7- Year Transportation Capital Improvement Program (CIP) to include 2 Projects ACTION: Move to Adopt 7-Year Transportation Capital Improvement Program (CIP) for Annual Measure M (M2) Eligibility Program submittal For FY 2022-2023 through 2028-2029 Amend FY 2021-2022 7-Year Transportation Capital Improvement Program (CIP) to include 2 Projects
MOTION: Vo SECOND: Grandis
AYES: Bui, Vo, Constantine, Harper
NOES: Grandis
ABSENT: None
ABSTAIN: None

3. Approve Exhibit A – CY 2022 of the Cost Sharing Agreement (CON-16-08) with the Municipal Water District of Orange County for Water Loss Control Technical Assistance for $23,680 ACTION: Move to Approve Exhibit A – CY 2022 of the Cost Sharing Agreement (CON-16- 08) with the Municipal Water District of Orange County for Water Loss Control Technical Assistance for $23,680
MOTION: Vo SECOND: Grandis
AYES: Bui, Vo, Constantine, Harper
NOES: Grandis
ABSENT: None
ABSTAIN: None

4. Approve the Water Loss Control Shared Services Election Form for FY 22-23 with the Municipal Water District of Orange County
ACTION: Move to Approve the Water Loss Control Shared Services Election Form for FY 22-23 with the Municipal Water District of Orange County MOTION: Vo SECOND: Grandis
AYES: Bui, Vo, Constantine, Harper
NOES: Grandis
ABSENT: None
ABSTAIN: None

5. First Amendment to Agreement with AdminSure the City’s Self-Insured Workers’ Compensation Program to extend the agreement for a one-year term through June 30, 2023, not to exceed $100,000.

ACTION: Move to Approve the First Amendment to Agreement with AdminSure the City’s Self-Insured Workers’ Compensation Program to extend the agreement for a one-year term through June 30, 2023, not to exceed $100,000.

MOTION: Vo SECOND: Grandis
AYES: Bui, Vo, Constantine, Harper
NOES: Grandis
ABSENT: None
ABSTAIN: None

6. Approve the Final Map for Tract No. 19115 for the property located at 9801 Starfish Avenue ACTION: Move to Approve the Final Map for Tract No. 19115 for the property located at 9801 Starfish Avenue

MOTION: Vo SECOND: Grandis
AYES: Bui, Vo, Constantine, Harper
NOES: Grandis
ABSENT: None
ABSTAIN: None

7. Approve the Cooperative Agreement between the City of Fountain Valley and the City of Huntington Beach for the Rehabilitation and Resurfacing of Newland Street from Slater Avenue to Talbert Avenue.

Public Comment: Evan Jorgensen
ACTION: Move to Approve the Cooperative Agreement between the City of Fountain Valley and the City of Huntington Beach for the Rehabilitation and Resurfacing of Newland Street from Slater Avenue to Talbert Avenue.

MOTION: Vo SECOND: Grandis
AYES: Bui, Vo, Constantine, Harper
NOES: Grandis
ABSENT: None
ABSTAIN: None

PUBLIC HEARINGS

8. Municipal Code (FVMC) Which Includes A Sunset Date Of July 16, 2021 For The Allowance Of Permanent Outdoor Display And Sales For Grocery Stores Over 14,000 Gross Square Feet And Big Box Warehouse Retail Stores Over 130,000 Gross Square Feet Public Hearing Opened: 6:49 p.m.

Public Comment: Evan Jorgensen
Public Hearing Closed: 6:52 p.m.

ACTION: Move to Approve the Introduction and First Reading of the attached Ordinance approving a Notice of Exemption in accordance with the California Environmental Quality Act (CEQA) and approving Code Amendment No. 22-01 to remove section 21.10.050(a)(2)(I) from the Fountain Valley Municipal Code (FVMC) which includes a sunset date of July 16, 2021 for the allowance of permanent outdoor display and sales for grocery stores over 14,000 gross square feet and big box warehouse retail stores over 130,000 gross square feet.

MOTION: Harper SECOND: Bui
AYES: Bui, Vo, Constantine, Harper

NOES: Grandis
ABSENT: None
ABSTAIN: None

ADMINISTRATIVE ITEMS

9. Adopt a Policy on Enhanced Noticing of Development Projects Public Comment: Evan Jorgensen
ACTION: Move to Adopt a Policy on Enhanced Noticing of Development Projects and see what other city’s are doing in regards to noticing and report the findings back to the City Council.

MOTION: Harper SECOND: Bui
AYES: Bui, Vo, Constantine, Harper
NOES: Grandis
ABSENT: None
ABSTAIN: None

10. Consider and Approve Employment Agreement Between City of Fountain Valley and Maggie Le-Nguyen to Serve as City Manager
ACTION: Move to Approve Employment Agreement Between City of Fountain Valley and Maggie Le-Nguyen to Serve as City Manager
MOTION: Vo SECOND: Bui
AYES: Bui, Grandis, Vo, Constantine, Harper
NOES: None
ABSENT: None
ABSTAIN: None

11. Resolution Adopting the FY 2022-23 Annual Operating Budget & Ten-Year Capital Improvement Program (Adoption of the ten-year Capital Improvement Plan consistent with Measure M2 Eligibility process), and Financial, Budget & Debt Policies and; Resolution Adopting the FY 2022-23 GANN Appropriations Limit and; Resolution establishing the FY 2022-23 Annual Schedule of Property Rental and Administrative Service Charges to the Municipal Water & Sewer Utility Funds
ACTION: Move to Continue the item until the June 21, 2022 Regular City Council Meeting.

MOTION: Harper SECOND: Constantine
AYES: Bui, Grandis, Vo, Constantine, Harper

NOES: None
ABSENT: None
ABSTAIN: None

COUNCIL MEMBER ITEMS FOR FUTURE CONSIDERATION
Mayor Pro Tem Constantine requested that a change be made in the verbiage as it relates to Fountain Valley Crossings Specific Plan – Application and Review Process. There was no second. The next request was to a running list of council projects proposed for future consideration be maintained on the city website, on the city council page and being updated twice per month. Council Member Grandis suggested the city council discuss that at the upcoming Strategic Plan meeting on the 9th.

Council Member Grandis requested a Proclamation recognizing June as Pride Month. Second by Mayor Harper. Another request was for a future discussion on campaign contributions over $500 that relate to outside elections of current City Council Members be posted on the City Website. Second by Council Member Constantine.

CITY COUNCIL/ SUCCESSOR AGENCY/ HOUSING AUTHORITY/ PUBLIC COMMENTS (Unscheduled Matters Only)
None
CITY COUNCIL/SUCCESSOR AGENCY/HOUSING AUTHORITY AB 1234/GENERAL COMMENTS Council Member Bui
May 24 Attended the Rotary Club Teacher Awards
May 27 Attended the Strawberry Festival in Garden Grove May 30 Attended the Veterans Ceremony in Riverside
June 4 Attended the Walk for Ukraine
Council Member Vo
May 30 Attended the Memorial Day Flag Raising Ceremony
June 4 Attended the Walk for Ukraine
Council Member Grandis
May 24 Attended the Boys and Girls Club Board Meeting
May 26 Attended the Fountain Valley Regional Hospital Board Meeting May 30 Attended the Memorial Day Flag Raising Ceremony
June 6 Attended the Fountain Valley High School District Educational Foundation Board Meeting and the Measure HH Committee meeting
Mayor Pro Tem Constantine
May 26 Viewed the SARFPA (Santa Ana River Flood Protection Agency) Executive Committee Meeting on Zoom.

May 30 Attended the annual Memorial Day Ceremony at our Veterans Park, then attended

the annual Green Valley Memorial Day Picnic in the Green Valley Park, and the Memorial Day Picnic at Fountain Valley Estates.

June 1 Viewed the OC Board of Supervisors Public Budget Workshop on the County’s website.

June 5 Viewed the FVRA Meeting on Zoom.

June 6 Attended the Measure HH Oversight Committee Meeting.

June 7 Attended the FV Rotary Meeting at the Senior Center, then viewed the OC Board of Supervisors Meeting on the County’s website.

Mayor Harper
May 19 Attended the City Selection Committee Meeting
May 30 Attended the Memorial Day Ceremony at Veterans Park June 6 Attended the OCTA Regional Planning and Highways Committee Meeting

ADJOURN THE MEETING OF THE CITY COUNCIL/SUCCESSOR AGENCY/HOUSING

AUTHORITY

Mayor Harper adjourned the meeting at 7:47 pm to the next Meeting of the Fountain Valley City Council on June 21, 2022 at 6:00 p.m., in the Fountain Valley Council Chambers, 10200 Slater Avenue, Fountain Valley.
________________________________________________________________________________________________________________________________ Patrick Harper, Mayor
Attest:
___________________________
Rick Miller, City Clerk

CITY OF FOUNTAIN VALLEY

CITY COUNCIL

COUNCIL ACTION REQUEST
To: Honorable Mayor and Agenda Date: June 21, 2022
Members of the City Council
SUBJECT: Approval and Award of Copiers Lease and Maintenance Contract EXECUTIVE SUMMARY:

The City of Fountain Valley (City) has conducted a request for proposal (RFP) process to seek a provider of copiers and maintenance services. The process has resulted in the recommendation to award a contract to the most qualified company, Advanced Office/Imaging Plus.

DISCUSSION:

The City is centralizing the lease of large multi-functional printers in an effort to reduce monitoring, maintenance, and support cost.

The lease agreement includes troubleshooting services during regular business hours, with monitoring software for on-demand ordering of consumables (i.e., toner cartridges) and as needed preventative maintenance services. Entering into this contract guarantees no annual increases in cost per page printing and other included services during the contract timeframe and ensures efficient operation.

PROCUREMENT:

In accordance with City’s Purchasing Policies, the City issued a RFP for Managed Print Services (RFP 21-012) on July 27, 2021. The RFP was publicly advertised through Planetbids and also posted on the City’s website. Thirty-four (34) companies showed interest in the RFP and downloaded the RFP documents. The RFP closed on September 6, 2021 and seven (7) firms submitted proposals. There was a proposal scoring session, a discussion session, and a cost scoring session. The first round evaluated the proposals on a 10-point system with a weighted score of 650 (65%) in three areas: General Approach & Work Plans, Qualifications & Experience, and References. After the first round, the evaluators discussed weaknesses, strengths, and similarities. Throughout the discussion, it was agreed that the evaluators would reach consensus on the scoring of the vendors and that any vendor that scored under 500 would not make it to round two.

In round two, cost proposals were opened for the four (4) vendors that met the City’s

Approve and Award Copier Lease and Maintenance Contract Copier Contract
June 21, 2022

minimum requirements. Costs were electronically scored through Planetbids with a weighted score of 350 (35%) and added to the Proposal scores to get a complete score.

Advanced Office/Imaging Plus is recommended because of their proven expertise, past performance, and clear proposal. The proposed copiers provide new versions of the copiers currently used by the City, with minimum training needed for the end-users.

ALTERNATIVES:

Alternative No.1: Approve the purchase of 11 Ricoh Copiers for the City for a total of $71,500 over five years, along with managed print services during the duration of Agreement #2855945.

Alternative No. 2: Do not approve this action and direct staff to research alternatives.

This alternative is not recommended.

FINANCIAL ANALYSIS:

Funding for equipment and services was anticipated and included in the current fiscal year’s operating budget. The annual cost of the equipment is $14,300. Sufficient funds are budgeted and available in the current fiscal year to fully fund the managed print services contract with Advanced Office/Imaging Plus. The products and services acquired under this contract are available through the City’s competitive purchasing policies.

ATTORNEY REVIEW:

The City Attorney’s office has reviewed and approved the contract as to form.

RECOMMENDATION:

Prepared By: Amanda McCall, Management Analyst

Approve and Award Copier Lease and Maintenance Contract Copier Contract
June 21, 2022

Approved and Fiscal Review by: Ernestine Jones, Interim Finance Director Approved By: Maggie Le, City Manager
Attachment 1: Lease Agreement
Attachment 2: Proposal

City of Fountain Valley
Electronic submittal of Request for Proposal
RFP 21-012
Managed Print Services
Questions Deadline:
4:00 p.m., PST, Tuesday, August 17, 2021
Proposals Due Date:
4:00 p.m., PST, Monday, August 30, 2021
City Contact:

Amanda McCall, Mgmt. Analyst / Purchasing Officer
email: [email protected]
Phone No. (714) 593-4413
CITY OF FOUNTAIN VALLEY’S ELECTRONIC BIDDING SITE, PLANETBIDS *Read Upload Instructions*
for important information on the best time to upload proposals (Issued July 27, 2021)

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City of Fountain Valley Request for Proposal for
Managed Print Services

SUMMARY
The City of Fountain Valley is soliciting proposals for Managed Print Services (MPS) to deliver the most efficient and cost-effective management of the City’s printer fleet including usage, supplies and service.

The City will select one vendor, based on demonstrated competence and a cost effective approach to design, conduct, and assist in the implementation and management of the specific MPS needs defined in this Request for Proposal.

Proposals, prepared according to the following detailed instructions, must be received via PlanetBids no later than 4:00 p.m., Pacific Standard Time, Monday, August 30, 2021.

The City of Fountain Valley assumes no obligations of any kind for expenses incurred by any respondent to this solicitation.

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The City of Fountain Valley is seeking proposals for Managed Printing Services (MPS) for the City’s printer fleet.

I. ABOUT THE CITY
Background Information
The City of Fountain Valley is a general law city that has operated under the councilmanager form of government since its incorporation in 1957. The City is located in Orange County, California, and is located roughly 30 miles southeast of Los Angeles and 90 miles northwest of San Diego. The City has an estimated population of 56,920 and has a land area of 9.75 square miles. The City is a full-service City that offers a range of municipal services that includes, but is not limited to: police and fire protection; water and sewer utility operations; building and safety; development services for land use planning, and zoning; housing and community development; and a full range of recreation and cultural activities.

II. PROJECT DESCRIPTION
The City of Fountain Valley (hereinafter referred to as "CITY") is requesting a MPS solution that will maximize efficiency and reduce overall printing costs. The primary objectives are:
to reduce total cost, reduce print volume, reduce burden rates (staff time managing print supplies & repairs), optimize device utilization, streamline equipment maintenance and repair, and to maintain high levels of user satisfaction. The MPS model allows for better control and oversight of print usage thus resulting in reduced operating costs associated with print output while still meeting business needs. The selected vendor will enter into a service contract with the City for up to 5 years to provide Managed Print Services for the City of Fountain Valley.

Currently, the City has two (2) leases; 1 with 8 Ricoh copiers and another lease with 1 Ricoh Copier, from the current MPS provider. Devices are located throughout various departments within City Hall as well as other City facilities (i.e. Community Services, Police Department, etc.). This RFP is a request for a total of 9 copiers. There are 2 other copiers on 2 separate leases, provide an alternative to add these on if provided the chance to absolve the leases.

III. GENERAL SCOPE OF WORK
The City of Fountain Valley is seeking the services of a highly qualified vendor to design, implement and maintain an MPS program covering all print/copier devices. Scope of Services consist of the following:
• Manage and provide leasing options for new copiers.

Device Management
• Maintain a readily available, accurate and up-to-date detailed list of all printing devices and their respective locations throughout the City’s departments/facilities. • Provide quarterly usage reports for auditing purposes (user printing data and cost).

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• Provide a Citywide year-end cost analysis that details total cost, costs by department, and includes a performance review along with recommendations to improve operations and reduce costs/efficiencies further. • Control, monitor, manage, and reduce overall print costs for the City. • Provide the ability to monitor print volumes by device and create incentives for staff to reduce print volumes.
• Ability to expand or contract the overall size of document output fleet as needs change without penalties or refinancing of hardware and software (if applicable).

Maintenance, Service & Repair
• Service equipment on-site at the facility where equipment is located. If the device is replaced due to inoperability, the City of Fountain Valley requires that all hard drives be removed and retained by the City. The device must be wiped of all data before being removed from facility for disposal.
• Provide Multi-brand device service & support for existing and new single function printers
• Perform all preventative maintenance services on all devices at the manufacturer’s suggested intervals and guarantee the use of only OEM parts and supplies for copiers.
• Provide full-service support for all printers during the hours of Monday – Friday, (7:00 a.m.–5:00 p.m.) within the pricing proposed
• Provide a four-hour service response, 2-hour call-back, and 4 hours on-site. The • 4-hour requirement is calculated from the time the first phone call is made for support to the vendor until the appropriately trained technician is on site. Penalties may be assessed if service response times repeatedly exceed four hours. • Replace troubled units with a like unit until the device is repaired correctly without cost to City of Fountain Valley whenever any device has any repeated service calls.
• Provide a loaner machine anytime equipment is down for more than three (3) business days at no cost to the City. The loaner will remain on site until the original unit is repaired or replaced. In the unlikely event that a loaner is not available, a new unit will be provided.

Consumables
• Consumable supplies (parts and toner) shall be delivered within 72 business hours (7 a.m. to 5 p.m., Monday through Thursday) of order, regardless of location. • Consumable supplies must meet original equipment manufacturer specifications.

Vendor assumes all responsibility for hardware performance due to consumable supplies. Vendor retains ownership of all consumables inventory and is responsible for ensuring City consistently has sufficient inventory to maintain operations at all time.
• Additional costs will not be allowed for consumables (parts or toner). Paper will be provided by the City of Fountain Valley.
• Provide proactive vendor-managed supply alerts with City help desk integration to initiate proper action.

Support

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• Ensure that City of Fountain Valley employees are continually satisfied with the printing/copying environment and services provided.
• Provide telephone support for City of Fountain Valley I.S. staff. Phone access must be available to the City at no additional charge for as long as the Vendor is maintaining the equipment.
• Provide Multi-brand device support for existing and new single function printers. • Provide proactive Vendor managed Break/Fix alerts with Help Desk integration to initiate proper action.

Lease Options
• Leased copiers shall be 2021 or newer.
• Responses shall include make, model and manufacture date of proposed equipment
• All copiers need to have the following features:
o At least 4 paper trays to accommodate multiple paper sizes (i.e. 8½ by 11, 8½ by 14, 11 x 17, etc.).
o Staple finisher
o Hole puncher
o Finisher attachment
o Side deck loader.
o Must do Banner Printing
o Capable of producing a Watermark in copy/print mode
o Must have SD card option
o Ability to scan/email documents
• All copiers should have a speed of the following:
o Color: must be 45 - 50 ppm
o Black: must be 45 - 55 ppm
o Output print speed of first copy 7 seconds or less
• Other requirements:
o Processing speed of 3300mhz
o RAM of at least 4,096mb
o Scan Resolution of 1200 x 1200 dpi
o Drum life of 400 pages black and white and 250 pages color The vendor selected to provide the services specified above will enter into a service contract with the City for up to 5 years. The vendor will assume full responsibility and risk for all printer supply needs and maintenance services. The expectation is that the City of Fountain Valley will be responsible solely for the cost per print. Maintenance costs are included as part of the cost per print. The selected vendor shall be responsible for all facets of the management of a Managed Print Services program to include, but not limited to, installation, support, service metering, supplies, billing, equipment moves, removals, short-term rentals, loaners, etc.

V. PROPOSAL REQUIREMENTS
A. General Requirements

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Inquiries/Questions concerning this request for proposal should be made before 4:00 p.m., PST, on Tuesday, August 17, 2021.

If the Proposer is in doubt as to the meaning or finds discrepancies and/or omissions from any part of the RFP and Agreement Documents, the Proposer must submit a written request for clarification via PlanetBids.

All questions regarding this project shall be submitted electronically in PlanetBids up to the Question and Answer (QA) deadline. All project correspondence will be posted in PlanetBids. It is the responsibility of the Proposers to check the website regularly for information updates, clarifications, and addenda. At the Agency’s discretion, Proposers requests for clarifications may or may not be responded to.

All revisions of the RFP by the City will be made in writing and will be posted on PlanetBids in accordance with the procurement schedule. Proposers shall electronically acknowledge receipt of all addenda at time of submittal and all addenda so issued shall become part of the RFP and the effects of all Addenda shall be considered in the proposal.

B. Submission of Proposals
Proposals must be received no later than 4:00 p.m., PST, Monday, August 30, 2021.

Proposals shall be received in electronic format EXCLUSIVELY at the City of Fountain Valley’s electronic bidding (ebidding) site, at:
https://pbsystem.planetbids.com/portal/25002/portal-home and are due by the date, and time shown on this solicitation. See “upload instructions” document for details. Files are to be uploaded accordingly:
• Response File: Upload proposal with no cost attached. • General Attachments: If City request forms, upload under specified file as shown on PlanetBids.
• Cost File: Cost proposal is to be uploaded electronically as a separate file and not attached to the response file.

The following instructions describe the form in which proposals must be presented. Proposal documents must be prepared simply, economically, and provide a straightforward, concise response to the requirements of the RFP.

Completeness and clarity of content must be emphasized. The requirements stated do not preclude proposers from furnishing additional reports, functions, and costs as deemed appropriate.

C. Proposal Content Format
Should contain no more than twenty (20) pages typed 8.5” x 11”, or fewer (excluding cover letter and attachments) however, includes exhibits and resumes, portrait layout, 1" side margins on all borders, font size no less than 12 points.

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• RFP Addenda. Proposers shall check the website for addenda prior to proposing and shall be required to electronically acknowledge receipt of all addenda at time of proposal submittal.

1. Transmittal Letter
The proposal transmittal letter shall be addressed to the Purchasing Officer for the City of Fountain Valley and shall contain the following:
• Name of individual, partnership, company, or corporation submitting proposal.
• Statement that indicates an understanding of the scope of work as presented in this specification and confirmation that all terms and conditions of the RFP are understood and acknowledged by the undersigned.
• Team organization including an organization diagram and time commitment shall be submitted showing all key team members and illustrating the relationship between the City, the manager, and key staff.
• Signature(s) of representative(s) legally authorized to bind the proposer.

2. Company Experience
• Provide a description of your company’s experiences in performing similar work, addressing the elements listed above.
• At least five (5) years of experience providing Managed Print Services for government entities, public sector agencies, or clients similar in scale and complexity to the City of Fountain Valley.
• Proven expertise in designing, deploying, and maintaining a successful managed print strategy.

3. Key Personnel/Past Performance
• Identify and describe the relevant experience and qualifications of the pertinent individuals who would serve as key personnel for various City of Fountain Valley projects.
• Identify other staff members and/or sub-consultants that would contribute to the project, if needed, and their relevant experience.

4. Understanding of Project Components
• Identify objectives/tasks that you feel are key to the success of the project; this may include items not already identified in this Request for Proposal. References for protocols and methods are encouraged.

5. Quality Control
• Describe the standards and methods used by the company to assure useful quality deliverables of this nature to the client. • Describe how your company will address concerns or deficiencies in quality control and deliverables and give a specific example.

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6. References
• Provide descriptions and references for five comparable projects that your company has previously performed, Include contact names, company/agency and telephone numbers for each.
• Identify key personnel listed on this proposal who have worked on the reference projects.

7. Cost / Fee (submit as a separate document, not attached to the Proposal/Response file)
Compensation for services provided shall be based upon the Contractor’s detailed fee proposal.
• Identification of all costs Consultant/Vendor will charge for performing the tasks necessary to accomplish the objectives of this RFP. The costs must break out all expenses expected to be billed to the City.

Cost proposal shall include the estimated number of project work hours by each task/requirement, and the cost of each
task/requirement. A list of hourly rates of proposed project team members shall also be included along with any other fees that may be applicable and billed. Cost is to be listed out for the initial term of the contract.
• Firms shall provide complete cost and billing schedules of current hourly billing rates for each specialized skill, material, and support services.
• The service contract will be for a period of five years.

V. GENERAL REQUIREMENTS
A. DISCLAIMER
This RFP does not commit the City to award a contract, or to pay any costs incurred in the preparation of the proposal. The City reserves the right to extend the due date for the proposal, to accept or reject any or all proposals received as a result of this request, to negotiate with any qualified Contractor, or to cancel this RFP in part or in its entirety. The City may require the selected Contractor to participate in negotiations and to submit such technical, fee, or other revisions of their proposals as may result from Negotiations.

VI. TENTATIVE SCHEDULE OF EVENTS
The following is the Schedule of events that the City plans to follow in conducting this solicitation:

Event Tentative Date
Issuance of RFP Tuesday, July 27, 2021
Clarification Questions by Email Due Tuesday, August 17, 2021 Due Date for Proposals Monday, August 30, 2021
Interviews of Finalists, if applicable Week of September 6, 2021

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Tentative Selection and City Council Award Tuesday, September 21, 2021 Begin Project Friday, October 1, 2021
VII. PROPOSAL EVALUATION, INTERVIEWS AND AWARD PROCESS
A. Evaluation Criteria
Award will be based upon a review and evaluation by a committee designated by the Purchasing Officer. Each proposal will be evaluated based on the following criteria but not limited to.

General approach and work plans to meet the requirements of the specified City objectives described in the RFP.

Qualifications and experience of the project manager and other key individuals. Background and prior experience of the vendor in the service area(s) being proposed, experience of key staff assigned to oversee services provided to City of Fountain Valley, evaluation of size and scope of similar work performed and success on that work

References/Past Performance on projects of similar size and scope. As well as Past performance of proposer.

Cost & Price. (Scored separately from Proposal) Cost is not the sole determining factor but will be taken into consideration. Proposer must offer service at a rate comparable to the rate proposer offers to other governmental entities for similar work. Reasonableness of rates; competitiveness with other offers received; adequacy of data in support of figures quoted. If rates differ for different types or levels of service, or for difference Service Areas, the Proposer should so state.

B. Interviews
If interviews are needed. A few days’ notice will be sent via email to the proposer. An interview may not be required or needed to award a contract.

C. Evaluation Procedure
An evaluation committee will be appointed to review all proposals received for this RFP. The committee is chaired by the Purchasing Officer, comprised of City staff and may include outside personnel. The committee members will evaluate the written proposals using the evaluation criteria identified. A list of top ranked proposals, firms within a competitive range, will be developed based upon the totals of each committee members’ score for each proposal. During the evaluation period, the City may interview some or all of the proposing firms. The City has established the week of September 6, 2021 as the date(s) to conduct interviews. All prospective Proposers are asked to keep these dates available. No other interview dates will be provided, therefore, if a Proposer is unable to attend the interview on the selected date(s), its proposal may be eliminated from further discussion. The interview may consist of a short presentation by the Proposer after which the evaluation committee will ask questions related to the firm’s proposal and qualifications. At the conclusion of this

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interview process, the evaluation committee will provide a recommendation for award and the proposer being recommended will receive a notice of intent to award pending successful negotiations and contract preparation. Upon successful completion of this process, a recommendation will be made to the City Council, based on the contract, for their review and consent and unsuccessful firms will be notified.

D. Notification of Awards
The successful proposer will be required to execute a Contract agreement, See “Draft Contract”, with the City, which is subject to formal approval by the Fountain Valley City Council. The proposer will also be required to purchase a City Business License annually during the duration of the contract.

EXHIBITS

1. Standard Terms and Conditions

2. Draft Contract

CITY OF FOUNTAIN VALLEY

CITY COUNCIL

COUNCIL ACTION REQUEST
To: Honorable Mayor and Agenda Date: June 21, 2022
Members of the City Council
SUBJECT: Second Reading and Adoption of an Ordinance approving Code Amendment No. 22-01 – An Amendment To Remove Section 21.10.050(a)(2)(I) From The Fountain Valley Municipal Code (FVMC) Which Includes A Sunset Date Of July 16, 2021 For The Allowance Of Permanent Outdoor Display And Sales For Grocery Stores Over 14,000 Gross Square Feet And Big Box Warehouse Retail Stores Over 130,000 Gross Square Feet
________________________________________________________________________ EXECUTIVE SUMMARY:

At its meeting on June 7, 2022, the City Council introduced for a first reading an Ordinance approving Code Amendment No. 22-01 to remove section 21.10.050(a)(2)(I) from the Fountain Valley Municipal Code (FVMC) which includes a sunset date of July 16, 2021 for the allowance of permanent outdoor display and sales for grocery stores over 14,000 gross square feet and big box warehouse retail stores over 130,000 gross square feet (Attachment 1). The Ordinance was introduced by a vote of 5-0 during the first reading without amendment.

As detailed in the attached report (Attachment 2), the ordinance will remove section

21.10.050(a)(2)(I) from the Fountain Valley Municipal Code (FVMC) which includes a sunset date of July 16, 2021 for the allowance of permanent outdoor display and sales for grocery stores over 14,000 gross square feet and big box warehouse retail stores over 130,000 gross square feet.

The Ordinance is now presented to the City Council for a second reading and adoption.

ENVIRONMENTAL REVIEW:

The proposed project is exempt from environmental 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). CA 22-01 will only eliminate the sunset date from the existing code that allows for permanent outdoor display and sales for grocery stores over 14,000 square feet and big box warehouse retail stores over 130,000 gross square feet (Attachment 3).

Council Action Request
Second Reading – Adoption of an Ordinance approving Code Amendment 22-01 City Council Meeting June 21, 2022

FINANCIAL ANALYSIS:

There is no financial impact associated with approving the proposed code amendment.

ATTORNEY REVIEW:

The Attorney for the City has reviewed the attached Ordinance (Attachment No. 1).

PUBLIC NOTIFICATION:

The item was published in the Fountain Valley View and public notices were posted at City Hall, Recreation Center, and Fountain Valley Library for the public hearing on June 7, 2022.

ALTERNATIVES:

Alternative No. 1: Adopt the attached Ordinance of the City Council of the City of Fountain Valley approving a Notice of Exemption in accordance with the California Environmental Quality Act (CEQA) and approve Code Amendment No. 22-01 to remove section 21.10.050(a)(2)(I) from the Fountain Valley Municipal Code (FVMC) which includes a sunset date of July 16, 2021 for the allowance of permanent outdoor display and sales for grocery stores over 14,000 gross square feet and big box warehouse retail stores over 130,000 gross square feet.

Alternative No. 2: Do not adopt the attached Ordinance of the City Council of the City of Fountain Valley approving a Notice of Exemption in accordance with the California Environmental Quality Act (CEQA) and do not approve Code Amendment No. 22-01 to remove section 21.10.050(a)(2)(I) from the Fountain Valley Municipal Code (FVMC) which includes a sunset date of July 16, 2021 for the allowance of permanent outdoor display and sales for grocery stores over 14,000 gross square feet and big box warehouse retail stores over 130,000 gross square feet.

Continue the request for additional information.

RECOMMENDATION:

Staff recommends that the City Council select Alternative No. 1 – Adopt the attached Ordinance of the City Council of the City of Fountain Valley approving a Notice of Exemption in accordance with the California Environmental Quality Act (CEQA) and approve Code Amendment No. 22-01 to remove section 21.10.050(a)(2)(I) from the Fountain Valley Municipal Code (FVMC) which includes a sunset date of July 16, 2021 for the allowance of permanent outdoor display and sales for grocery stores over 14,000 gross square feet and big box warehouse retail stores over 130,000 gross square feet.

Council Action Request
Second Reading – Adoption of an Ordinance approving Code Amendment 22-01 City Council Meeting June 21, 2022

Prepared By: Steven Ayers, Principal Planner
Approved By: Omar Dadabhoy, Community Development Director Approved By: Maggie Le, City Manager
Attachment 1: An Ordinance of City Council of the City of Fountain Valley approving a Notice of Exemption in accordance with the California Environmental Quality Act (CEQA) and approving Code Amendment No. 22-01 to remove section 21.10.050(a)(2)(I) from the Fountain Valley Municipal Code (FVMC) which includes a sunset date of July 16, 2021 for the allowance of permanent outdoor display and sales for grocery stores over 14,000 gross square feet and big box warehouse retail stores over 130,000 gross square feet.

Attachment 2: December 7, 2021 Staff Report
Attachment 3: Notice of Exemption

ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FOUNTAIN

VALLEY APPROVING A CATEGORICAL EXEMPTION PER THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) AND APPROVING CODE AMENDMENT (CA) NO. 22-01 TO REMOVE SECTION

21.10.050(a)(2)(I) FROM THE FOUNTAIN VALLEY MUNICIPAL CODE (FVMC) WHICH INCLUDES A SUNSET DATE OF JULY 16, 2021 FOR THE

ALLOWANCE OF PERMANENT OUTDOOR DISPLAY AND SALES FOR
GROCERY STORES OVER 14,000 GROSS SQUARE FEET AND BIG BOX WAREHOUSE RETAIL STORES OVER 130,000 GROSS SQUARE FEET
WHEREAS, the Fountain Valley City Council adopted the Development Code Update on December 7, 2000; and
WHEREAS, on May 29, 2019, at a Special Meeting of the City Council Strategic Planning Study Session, direction was given to Planning and Building Director to present to the City Council options to address outdoor displays at commercial businesses to help enhance economic development in the City of Fountain Valley; and WHERAS, on September 11, 2019, the Planning Department presented options to the Planning Commission during a study session to permit permanent outdoor display and sales areas and received input; and
WHEREAS, on September 17, 2019, the Planning Department presented options to the City Council during a study session to permit permanent outdoor display and sales areas and received input; and
WHEREAS, the amendment to FVMC 21.10.050 incorporates input received from both study sessions of the Planning Commission on September 11, 2019 and City Council on September 17, 2019; and
WHEREAS, on April 22, 2020, the Fountain Valley Planning Commission considered CA 20-04 at a duly noticed public hearing and recommended the City Council approve a categorical exemption per CEQA and approve CA 20-04 to amend FVMC 21.10.050 to allow for permanent outdoor display and sales for grocery stores over 14,000 gross square feet and big box warehouse retail stores over 130,000 gross square feet; and WHEREAS, on June 16, 2020, the Fountain Valley City Council adopted Ordinance 1561 approving CA 20-04 to amend FVMC Section 21.10.050 to allow for permanent outdoor display and sales for grocery stores over 14,000 gross square feet and big box warehouse retail stores over 130,000 gross square feet; and
WHEREAS, Ordinance 1561 approving CA 20-04 became law 30 days after adoption on July 16, 2020; and
WHEREAS, Ordinance 1561 approving CA 20-04 included an amendment to restrict the time frame for grocery stores and big box warehouse retail stores to apply for a permanent outdoor display to one (1) year with a sunset date of July 16, 2021; and

WHEREAS, the time frame limit of one (1) year was included in the ordinance to ensure permanent outdoor display and sales would not create a strain on city services and would not create any enforcement issues; and
WHEREAS, since the adoption of Ordinance 1561 approving CA 20-04, no applications for a permanent outdoor display and sale have been submitted to the Planning and Building Department and has therefore not been a strain on city services or enforcement; and
WHEREAS, the City desires to remove Section 21.10.050(a)(2)(I) from the FVMC which includes a sunset date of July 16, 2021 for the allowance of permanent outdoor display and sales for grocery stores over 14,000 gross square feet and big box warehouse retail stores over 130,000 gross square feet; and
WHEREAS, the Fountain Valley Planning Commission considered CA 22-01 at a duly noticed public hearing on May 11, 2022, and by a vote of 5-0 recommended the City Council approve CA No. 22-01; and
WHEREAS, the proposed CA 22-01 has been publicly noticed in accordance with State Law and the Fountain Valley Municipal Code.

NOW, THEREFORE, the City Council of the City of Fountain Valley does ORDAIN as follows:

SECTION 1
The City Council hereby determines that CA 22-01 is not subject to review under 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). CA 22-01 will only eliminate the sunset date from the existing code that allows for permanent outdoor display and sales for grocery stores over 14,000 square feet and big box warehouse retail stores over 130,000 gross square feet.

SECTION 2
The City Council finds that due notice of the public hearing on June 7, 2022, conducted in the City Council Chambers, 10200 Slater Avenue, Fountain Valley, was given as required by the Fountain Valley Municipal Code, Title 21, and the State of California. Public notice of this hearing and a copy of the Planning Commission agenda were posted at City Hall, Recreation Center and the Fountain Valley Library.

SECTION 3
Pursuant to Fountain Valley Municipal Code section 21.34.050 the City Council does hereby find as follows:

1. The proposed amendment ensures and maintains internal consistency with the actions, goals, objectives and policies of the General Plan, and would not create

any inconsistencies with Title 21, in the case of a title amendment. The amendment will also meet General Plan Goal 2.12.1 to enhance the city’s economic base and business environment by assisting in the improvement and intensification of commercial development in the City of Fountain Valley. The proposed amendment will only eliminate the sunset date from the existing code to allow for permanent outdoor display and sales for grocery stores over 14,000 square feet and big box warehouse retail stores over 130,000 gross square feet. The proposed amendment to eliminate the sunset date will still allow for permanent outdoor display and sales, which was approved through Ordinance 1561 by the City Council on June 16, 2020, that will enhance the city’s economic base and business environment by assisting in the improvement and intensification of commercial development. Additionally, the existing code will still allow for outdoor displays and sales while preserving safety and aesthetics by limiting the size, location, height, operations, and maintenance of the areas as well as allow an avenue to revoke the Permanent Outdoor Display and Sales Permit if necessary.

2. The proposed amendment would not be detrimental to the public convenience, health, interest, safety or welfare of the city. The proposed amendment would only eliminate a sunset date for the existing code allowing permanent outdoor display and sales. The code will continue to clearly identify standards that must be met including aesthetic, area, height, clearance, and location standards that will prevent permanent outdoor displays and sales areas from being detrimental to the public convenience, health, interest, safety or welfare of customers visiting the stores.

3. The proposed amendment has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA) and the city’s environmental review procedures as addressed in Section 1 above.

4. The proposed amendment is internally consistent with other applicable provisions of Title 21. As noted in finding 1 above, FVMC Section 21.10.050 would only be amended to eliminate the sunset date for the code that allows for permanent outdoor display and sales for grocery stores over 14,000 gross square feet and big box warehouse retail stores over 130,000 gross square feet. This change will be internally consistent with Title 21. There are no other known inconsistencies with the proposed amendment and other applicable provisions of Title 21.

SECTION 4
Section 21.10.050(a)(2)(I) is hereby amended to read as follows:
“…
(I) Subsection (2) of this section shall remain in effect until July 16, 2021. …”

SECTION 5
If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the ordinance. The City Council declares that it would have passed this ordinance and each and every section, subsection, sentence, clause or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would subsequently be declared invalid or unconstitutional.

SECTION 6
The City Clerk shall certify to the adoption of this ordinance and cause it to be published as required by law. This ordinance shall become effective thirty (30) days after the date of its adoption.

PASSED, APPROVED AND ADOPTED THIS 21ST DAY OF JUNE, 2022.

ATTEST:

City Clerk Mayor

APPROVED AS TO FORM

HARPER & BURNS LLP
Attorneys for the City

CITY OF FOUNTAIN VALLEY

CITY COUNCIL

COUNCIL ACTION REQUEST
To: Honorable Mayor and Agenda Date: June 7, 2022
Members of the City Council
SUBJECT: Public Hearing and Introduction: Code Amendment No. 22-01 – An Amendment To Remove Section 21.10.050(a)(2)(I) From The Fountain Valley Municipal Code (FVMC) Which Includes A Sunset Date Of July 16, 2021 For The Allowance Of Permanent Outdoor Display And Sales For Grocery Stores Over 14,000 Gross Square Feet And Big Box Warehouse Retail Stores Over 130,000 Gross Square Feet

EXECUTIVE SUMMARY
On June 16, 2020, the City Council approved an Ordinance approving Code Amendment 20-04 amending FVMC 21.10.050 to allow for permanent outdoor display and sales for grocery stores over 14,000 gross square feet and big box warehouse retail stores over 130,000 gross square feet. Per the amendment, outdoor displays/sales would be permitted with the approval of an Outdoor Display and Sale Permit.

The amendment to FVMC 21.10.050 for permanent outdoor display and sales, however, included a sunset date of July 16, 2021 and the regulations are therefore no longer valid.

Currently, Sprouts Farmers Market is proceeding through plan check for their new location at 17950 Magnolia and desires to provide outdoor displays and sales area on a permanent basis. To allow Sprouts, and any other qualifying stores who wish to take advantage of permanent outdoor displays the ability to do so, staff recommends a simple code change to eliminate the sunset date for permanent outdoor display and sales in the code.

At the Planning Commission meeting of May 11, 2022, the Planning Commission voted 5-0 approving Resolution No. 22-14 recommending the City Council approve Code Amendment No. 22-01. Staff recommends the City Council conduct a public hearing and introduce the attached Ordinance approving Code Amendment No. 22-01 to remove section

21.10.050(a)(2)(I) from the Fountain Valley Municipal Code (FVMC) which includes a sunset date of July 16, 2021 for the allowance of permanent outdoor display and sales for grocery stores over 14,000 gross square feet and big box warehouse retail stores over 130,000 gross square feet.

Proposal
An amendment to remove section 21.10.050(a)(2)(I) from the Fountain Valley Municipal Code (FVMC) which includes a sunset date of July 16, 2021 for the allowance of permanent outdoor display and sales for grocery stores over 14,000 gross square feet and big box warehouse retail stores over 130,000 gross square feet.

Council Action Request
Code Amendment 22-01
City Council Meeting June 7, 2022

Current Code Requirement
Per FVMC Section 21.10.050, outdoor displays/sales are permitted with the approval of an Outdoor Display and Sale Permit. The code section, however, includes a sunset date of July 16, 2021 and is therefore no longer valid.

Background
On May 29, 2019, at a Special Meeting of the City Council Strategic Planning Study Session, direction was given to Planning & Building Director to present to the City Council options to address outdoor sales/displays at commercial businesses to help enhance economic development in the City of Fountain Valley. Such outdoor displays would allow retailers the ability to market their merchandise and sales to customers as they pass a business in hopes of attracting them into the store to increase sales.

Planning Staff presented options to permit permanent outdoor display and sales at study sessions of the Planning Commission on September 11, 2019, and the City Council on September 17, 2019. Direction was provided to the Planning Department on what types of uses would be permitted to provide outdoor displays and sales, if the city wanted to consider a limited duration of the amendment as a test run, what requirements the city should look for, and enforcement of such an amendment.

On April 22, 2020, the Planning Commission recommended the City Council approve Code Amendment 20-04 and on June 16, 2020, the City Council approved a second reading of an Ordinance approving Code Amendment 20-04.

Uses and Limited Duration
In an attempt to “test the waters” of the amendment, the Planning Commission and City Council provided direction to the Planning Department to limit the types of uses that would qualify for permanent outdoor displays and sales to grocery stores over 14,000 gross square feet and big box warehouse retail stores over 130,000 gross square feet. This would allow the following grocery stores and big box warehouse retail stores in the city to take advantage of the proposed amendment:
 Grocery Stores over 14,000 gross square feet:
o Albertsons
o Ralphs
o Stater Bros
o Aldi
o Grocery Outlet
o Smart & Final
o Sunrise Supermarket
o Sprouts Farmers Market
 Big box warehouse retail stores over 130,000 gross square feet:
o Costco
o Sam’s Club

Council Action Request
Code Amendment 22-01
City Council Meeting June 7, 2022

The Planning Commission and the City Council also gave direction to limit the duration of the amendment to one (1) year as a test run to evaluate the impacts and levels of enforcement. If successful, with no or limited enforcement issues, staff would return with a permanent change.

All grocery and big box warehouse retail stores were invited to participate in the public hearings before the Planning Commission and City Council when this amendment was considered in 2020. Additionally, shortly after approval of the amendment, staff sent letters to the store managers of each grocery store and big box warehouse retail store on July 29, 2020 informing them of the recently approved code change and encouraging them to participate in permitting outdoor display and sales on a more permanent basis by filling out and submitting their application for permanent outdoor display and sales permit.

Discussion
The proposed amendment (Code Amendment 22-01) would remove section

21.10.050(a)(2)(I) from the Fountain Valley Municipal Code (FVMC) which includes a sunset date of July 16, 2021. The code would continue to allow for permanent outdoor display and sales for grocery stores over 14,000 gross square feet and big box warehouse retail stores over 130,000 gross square feet.

To date, there have been no applications submitted for permanent outdoor displays and sales and as such, there have been no enforcement issues with the code change. Currently, Sprouts Farmers Market is proceeding through plan check for their new location at 17950 Magnolia and desires to provide outdoor displays and sales area on a permanent basis. To allow Sprouts, and any other qualifying stores who wish to take advantage of permanent outdoor displays the ability to do so, staff recommends a simple code change to eliminate the sunset date for permanent outdoor display and sales in the code.

The existing development standards for permanent outdoor display and sales will remain in the code. The standards will limit the size, location, height, aesthetics, operations, hours, maintenance, unpermitted uses, and revocation of permanent outdoor displays and sales areas. Permanent outdoor display and sales shall:
 Not encroach into public right-of-way, traffic sight areas, parking areas, driveways, shopping cart areas, accessible paths of travel, seating areas, landscape areas, or vehicular circulation areas, and maintain at least an 8’0” wide clearance from the public entrance and/or exit to the nearest driveway or, if fronting on a courtyard, as determined by the city.
 Be approved by the Planning Department. They shall be immediately abutting the grocery store or big box warehouse building and allowed on main public entry side of the building only.
 Maintain a professional appearance utilizing platforms, racks, shelfs, containers that are themed or visually coordinated – no cardboard boxes, clothes racks, platforms on cinderblocks, pallets.
 Be physically demarcated with pavement materials or concrete seams, medallions, or monuments in the pavement – non-permanent markers such as paint, tape, chalk lines are not acceptable.

Council Action Request
Code Amendment 22-01
City Council Meeting June 7, 2022

 Only display and sell items outside that are normally sold in the store.  Be limited in linear length of display not exceeding 10% of the linear length of the business. Depth will be determined on a case-by-case basis depending upon sidewalk/courtyard clearances.
 Be limited to a maximum display height of 6’0” from grade.  Allow unlimited signage that does not exceed 5”x5” in area and one (1) sign not exceeding 2 square feet per display.
 Be restricted to the hours of operation of the corresponding business. All products must be moved inside the store at the close of business each day.  Be kept free of garbage and debris.
 Prohibited uses in permanent outdoor display and sales areas include:
o Displays that are unorganized, cluttered, careless, and messy look in appearance.
o Vending machines, mechanical rides, or similar uses.
o Mechanically produced sound, amplified sound, or live music. o Prohibited signs per the Sign Code.
o Displays of goods or materials prohibited by the Municipal Code.  Be revoked or modified due to the following:
o Circumstances under which the permit was granted have been changed that affect the public convenience, health, interest, safety, or welfare of the public. o Misrepresentation or omission of information on the application. o One or more requirements of the permit have not been fulfilled or have been violated.
o Violation of any code, law, ordinance, regulation, or statute of the city, state, or federal government.
o Outdoor display and sales becoming detrimental to the public convenience, health, interest, safety, or welfare of the public thus creating a nuisance.

In summary, with the proposed elimination of the sunset date outlined above, the code will continue to allow grocery stores over 14,000 gross square feet and big box warehouse retail stores over 130,000 gross square feet the ability to provide permanent outdoor displays and sales meeting the requirements of this section. Planning staff would verify compliance with the standard requirements with the applicant through a Permanent Outdoor Display and Sales Permit and the applicant’s submittal of a site plan outlining their display area and photograph examples of display platforms, racks, shelves, or containers to be utilized. Staff would then inspect the designated area to be utilized for the permanent outdoor display and sales and provide a final approval when the display is assembled.

Strategic Plan and General Plan Consistency
The proposed amendment will meet the City Council’s Strategic Plan Goal #3 to enhance economic development in the City of Fountain Valley. The amendment will also meet General Plan Goal 2.12.1 to enhance the city’s economic base and business environment by assisting in the improvement and intensification of commercial development in the City of Fountain Valley. The proposed amendment will only eliminate the sunset date from the existing code to allow for permanent outdoor display and sales for grocery stores over 14,000 square feet and big box warehouse retail stores over 130,000 gross square feet. The proposed amendment to eliminate the sunset date will still allow for permanent outdoor display and sales, which was approved through Ordinance 1561 by the City Council on June

Council Action Request
Code Amendment 22-01
City Council Meeting June 7, 2022

16, 2020, that will enhance the city’s economic base and business environment by assisting in the improvement and intensification of commercial development. Additionally, the existing code will still allow for outdoor displays and sales while preserving safety and aesthetics by limiting the size, location, height, operations, and maintenance of the areas as well as allow an avenue to revoke the Permanent Outdoor Display and Sales Permit if necessary.

Planning Commission
At the Planning Commission meeting of May 11, 2022, the Planning Commission voted 5-0 approving Resolution No. 22-14 recommending the City Council approve Code Amendment No. 22-01.

ENVIRONMENTAL REVIEW
The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA) and the city’s environmental review procedures. CA 22- 01 is not subject to review under 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). CA 22-01 will only eliminate the sunset date from the existing code that allows for permanent outdoor display and sales for grocery stores over 14,000 square feet and big box warehouse retail stores over 130,000 gross square feet (Attachment #1).

FINANCIAL ANALYSIS
There is no financial impact associated with approving the proposed code amendment.

ATTORNEY REVIEW
The Attorney for the City has reviewed the attached Ordinance (Attachment #2).

PUBLIC NOTIFICATION
The item was published in the Fountain Valley View and public notices were posted at City Hall, Recreation Center, and Fountain Valley Library.

ALTERNATIVES:

1. Introduce the attached Ordinance approving a Notice of Exemption in accordance with the California Environmental Quality Act (CEQA) and approving Code Amendment No. 22-01 to remove section 21.10.050(a)(2)(I) from the Fountain Valley Municipal Code (FVMC) which includes a sunset date of July 16, 2021 for the allowance of permanent outdoor display and sales for grocery stores over 14,000 gross square feet and big box warehouse retail stores over 130,000 gross square feet.

2. Do not introduce the attached Ordinance approving a Notice of Exemption in accordance with the California Environmental Quality Act (CEQA) and approving

Council Action Request
Code Amendment 22-01
City Council Meeting June 7, 2022

Code Amendment No. 22-01 to remove section 21.10.050(a)(2)(I) from the Fountain Valley Municipal Code (FVMC) which includes a sunset date of July 16, 2021 for the allowance of permanent outdoor display and sales for grocery stores over 14,000 gross square feet and big box warehouse retail stores over 130,000 gross square feet.

3. Continue the request for additional information.

Recommended Action
Staff recommends that the City Council select Alternative No. 1 – Introduce the attached Ordinance approving a Notice of Exemption in accordance with the California Environmental Quality Act (CEQA) and approving Code Amendment No. 22-01 to remove section

21.10.050(a)(2)(I) from the Fountain Valley Municipal Code (FVMC) which includes a sunset date of July 16, 2021 for the allowance of permanent outdoor display and sales for grocery stores over 14,000 gross square feet and big box warehouse retail stores over 130,000 gross square feet.

Prepared By: Steven Ayers, Principal Planner
Approved By: Omar Dadabhoy, Community Development Director Fiscal Review By: Ernestine Jones, Interim Finance Director/Treasurer Approved By: Raul Godinez II, Interim City Manager
Attachments: 1. Notice of Exemption

2. Ordinance for Code Amendment No. 22-01

CITY OF FOUNTAIN VALLEY
Planning Department
10200 Slater Avenue, Fountain Valley, CA 92708
714-593-4425 – fountainvalley.org
Notice of Exemption_________________________________________________ TO: Office of Planning and Research FROM: City of Fountain Valley P.O. Box 3044, Room 113 10200 Slater Avenue
Sacramento, CA 95812-3044 Fountain Valley, CA 92708
County Clerk
County of Orange
12 Civic Center Plaza
Santa Ana, CA 92701
Project Title: _________________________________________________________________________ Project Location/Address: ______________________________________________________________ Project Activity/Description: _____________________________________________________________ ___________________________________________________________________________________ ___________________________________________________________________________________ ___________________________________________________________________________________ Public Agency Approving Project: City of Fountain Valley, Orange County, California Project Applicant: _____________________________________________________________________ Project Applicant’s Address: ___________________________________Phone Number: ____________ _____________________________________________________________________________ Exempt Status: (check one):

Ministerial (Sec. 21080 (b)(1); 15268);
Declared Emergency (Sec. 21080 (b((3); 15269 (a));
Emergency Project (Sec. 21080 (b)(4); 15269 (b) (c));
Categorical Exemption. State type and section number: _________________________________ Statutory Exemptions. State code number: ___________________________________________ Reasons why project is exempt: __________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ Lead Agency Contact Person: ___________________________ Contact Phone: _____________________________ If filed by applicant:

1. Attach certified document of exemption finding.

2. Has a Notice of Exemption been filed by the public agency approving the project?: Yes No Signature: ________________________________ Date: _____________ Title: ___________________ Signed by Lead Agency Signed by Applicant

CITY OF FOUNTAIN VALLEY

CITY COUNCIL

COUNCIL ACTION REQUEST
To: Honorable Mayor and Agenda Date: June 21, 2022
Members of the City Council
SUBJECT: Accept a Fee Proposal from AGA Engineers Inc. not to exceed $50,000 for Citywide Traffic Signal Timing Maintenance for FY 2022-23 and authorize Staff to issue a Purchase Order to encumber the on-call contract.

EXECUTIVE SUMMARY:

On October 5, 2021, the Council awarded ten (10) on-call consultant services contracts of which AGA Engineers Inc. (AGA) was one of them. AGA was ranked among the top ten qualified consultants through a competitive Request for Proposal (RFP) process per City’s Administrative Purchasing Policy.

The City of Fountain Valley (City) has a robust Traffic Management Center and monitors the traffic conditions throughout the City for effective vehicular mobility. At the request of the City, AGA submitted a fee proposal for citywide traffic signal timing maintenance. The scope of work includes remote monitoring of the Fountain Valley traffic signal system and minor signal timing adjustments on an as-needed basis. This work is an integral part of the City’s continuing effort to ease congestion, reduce delays and improve traffic flow. It also allows the City to meet OCTA Measure “M2” requirements.

The Citywide Traffic Signal Timing Maintenance Project is an annual traffic engineering operational program with a $50,000 Fiscal Year 2022-23 budget from the Traffic Improvement Fund (Fund 242).

Staff recommends that the City Council accept a fee proposal from AGA not to exceed $50,000 for citywide traffic signal timing maintenance for FY 2022-23 and authorize the staff to issue a Purchase Order to encumber the on-call contract.

DISCUSSION:

AGA submitted a fee proposal for citywide traffic signal timing maintenance for Fiscal Year 2022-23. The City operates and maintains 55 traffic signals at intersections. The City shares three (3) intersections controlled by the City of Santa Ana. This scope of services detailed in the fee proposal includes the preparation of signals and coordination timing adjustments for all the City’s traffic signals. This citywide traffic signal timing

City Council Request
Traffic Signal Timing Maintenance Fee Proposal
June 21, 2022

maintenance fee proposal is an integral part of the City’s continuing effort to ease congestion, reduce delay, improve traffic flow and maintain traffic safety.

AGA was selected as the highest-ranked firm for traffic signal/engineering services through a competitive RFP process in 2004. AGA successfully implemented traffic signal coordination timing, timing optimization, and occasional timing changes due to traffic volume and pattern changes. AGA also provides services to several Orange County agencies, including OCTA. Due to its success, AGA is recognized as one of the best traffic signal timing consultants in the industry. As AGA has been the City’s signal timing maintenance consultant for many years, they have an intimate working knowledge of the traffic patterns in the City, which makes them uniquely qualified as the best team to continue to perform these services. Their fee is always reasonable.

On March 24, 2021, Staff solicited qualifications for As-needed Engineering Services on the PlanetBids portal. On April 22, 2021, the City received proposals from 38 vendors for various services including traffic signal timing, maintenance, and repair. After careful consideration and evaluation of proposals, Staff selected ten (10) highest ranked consultants for the on-call list of qualified consultants for as-needed engineering services.

This list also allows Staff to solicit competitive bids limited to those pre-qualified consultants.

AGA Engineers, Inc. is highly qualified and provides the City with excellent professional traffic signal timing services throughout the city. AGA’s proposed fee includes monitoring the traffic signal system, minor signal timing adjustments, and periodic field reviews on an as-needed basis. Unscheduled/emergency call-outs will be billed on a time and materials basis based on their hourly not to exceed $50,000.

The continuation of citywide signal timing maintenance is an important component to allow the City to maintain Measure "M2" funding eligibility.

FINANCIAL ANALYSIS:

BUDGET (CON 21-57)
Total Contract for AGA Engineers* $400,000.00
Annual Traffic Signal Monitoring (1/1/22-6/30/22)** $35,000.00 Annual Traffic Signal Monitoring (7/1/22-6/30/23) $50,000.00 Total Contract Encumbrance $85,000.00
Remaining Contract Balance 315,000.00
*Approved by the City Council on October 5, 2021
**PO Approved by Finance on January 21, 2022

City Council Request
Traffic Signal Timing Maintenance Fee Proposal
June 21, 2022

This project has a Fiscal Year 2022-23 budget of $50,000 funded by the Traffic Improvement Fund (Fund 242). The proposed fee schedule is not to exceed $50,000.

There are adequate funds in the budget to accommodate this project.

ATTORNEY REVIEW:

The Attorney for the City has reviewed and approved the attached contract.

ALTERNATIVES:

Alternative No.1: Accept a fee proposal from AGA Engineers Inc. not to exceed $50,000 for Citywide Traffic Signal Timing Maintenance for FY 2022- 23 and authorize the staff to issue a Purchase Order for the service This is the recommended action.

Alternative No. 2: Do not accept the fee proposal from AGA Engineers Inc. for citywide traffic signal timing maintenance. This is not recommended as AGA Engineers Inc. is highly qualified and has submitted a quality proposal at a fair and reasonable fee. Additionally, this alternative would not allow the City to maintain OCTA Measure “M2” funding eligibility.

RECOMMENDATION:

Staff recommends that the City Council approve Alternative No. 1, which is to accept the fee proposal from AGA Engineers Inc. not to exceed $50,000 for citywide traffic signal timing maintenance for FY 2022-23 and authorize the staff to issue Purchase Order for the service.

Prepared by: Terri Phan, Administrative Assistant
Recommended by: Regino De Avila, Associate Engineer
Reviewed by: Temo Galvez, Deputy Public Works Director / City Engineer Approved by: Hye Jin Lee, Director of Public Works
Fiscal Review by: Ernestine Jones, Interim Finance Director/Treasurer Approved by: Maggie Le, City Manager
Attachment 1: AGA Engineers Inc. Contract CON 21-57
Attachment 2: AGA Engineers Inc. Fee Proposal

AGA Engineers, Inc.
211 Imperial Highway, Suite 208, Fullerton, CA 92835
(714) 992-4592 Email: [email protected]
June 2, 2022
Mr. Regino De Avila
Associate Engineer
City of Fountain Valley
10200 Slater Avenue
Fountain Valley, California 92708
RE: Proposal for Annual Traffic Signal System Monitoring: July 1, 2022 to June 30, 2023 Dear Mr. De Avila:

Pursuant to your request, AGA Engineers, Inc. (AGA) is pleased to present to you this letter proposal to provide traffic signal system monitoring services to the City of Fountain Valley for a twelve (12) month period from July 1, 2022 to June 30, 2023. The following is our proposed scope of services:

AGA will monitor the Fountain Valley signal system via remote access to the City's QuicNet/4 system on an as-needed basis. Minor signal timing adjustments, primarily related to existing signal coordination splits or offset changes, will be accomplished via remote login of the system or manually in the field.

Additional signal timing related items identified either by City staff, AGA staff, or in response to citizen complaints received by the City, which require a follow-up action by AGA, will be conducted on a Time and Materials basis in accordance with AGA's Schedule of Hourly Rates (attached) per the agreement with the City. A minimum charge of four hours for field investigations, or two hours for office work, will apply under this category. AGA will respond to specific requests as quickly as possible, usually within two to three days.

AGA’s fee to provide these services is not to exceed $50,000.

Please let us know if you have any questions or to further discuss our proposed scope of services. Thank you.

Respectfully submitted,
Greg Wong, P.E.

Vice President
Attachments: AGA’s Schedule of Hourly Rates

Mr. Regino De Avila
June 2, 2022

Schedule of Hourly Rates
Effective July 1, 2020

President $ 275
Executive Vice President $ 250
Vice President $ 225
Principal Transportation Engineer $ 225
Senior Transportation Engineer $ 200
Senior Design Engineer/Senior Project Development Manager $ 185 Advanced System Integrator $ 180
Senior Associate/Senior Project Engineer $ 175
Transportation Engineer/System Integrator $ 170
Senior Signal Systems Specialist/Construction Inspector $ 165 Design Engineer/ Signal Systems Specialist $ 150
Associate Transportation Engineer III $ 140
Associate Transportation Engineer II $ 135
Associate Transportation Engineer I $ 125
Project Coordinator $ 120
Associate Engineer II $ 115
CADD Operator/Associate Engineer I $ 110
Assistant Transportation Engineer/Assistant Project Coordinator $ 90 Traffic Enumerator, Engineering Aide II $ 75
Engineering Aide I $ 50
Council/Commission Meetings, Hearings, etc. (Billing Rate + $50 Surcharge) $1,000.00 Expert Witness (Billing Rate + $50 Surcharge) $1,000.00 Expert Witness - Deposition/Court (Billing Rate + $100 Surcharge) $1,000.00 Subconsultants will be billed at cost plus 2f0%

Conditions of Usage: The above rates are typically effective for a 12-month period, but AGA maintains the right to change the billing rates at any time for convenience of record keeping. Therefore, all billings will always be at the then current billing rates. This will not affect any agreed upon total or not-to-exceed fees.

INVOICES WILL BE SUBMITTED MONTHLY AND SHALL BE DUE AND PAYABLE WITHIN 30 DAYS. FINANCE CHARGES MAY BE ACCRUED DAILY ON UNPAID BALANCES BASED ON A 10% ANNUAL PERCENTAGE RATE.

CITY OF FOUNTAIN VALLEY

CITY COUNCIL

COUNCIL ACTION REQUEST
To: Honorable Mayor and Agenda Date: June 21, 2022
Members of the City Council
SUBJECT: Second Reading and Adoption of an Ordinance Establishing a Military Equipment Use Policy

EXECUTIVE SUMMARY
At its meeting on May 17, 2022, the City Council introduced for first read an Ordinance Establishing a Military Equipment Use Policy. The Ordinance was approved during the first reading without amendment. The Ordinance is now presented to the City Council for second reading and adoption.

ENVIRONMENTAL ANALYSIS
This Ordinance is not subject to review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines sections 15061(b)(3) (there is no possibility the activity in question may have a significant effect on the environment).

FINANCIAL ANALYSIS
There is no fiscal impact with the adoption of the attached Ordinance.

ATTORNEY REVIEW:

The Attorney for the City has reviewed and approved the Ordinance.

PUBLIC NOTIFICATION
This second read has been agendized in compliance with the Ralph M. Brown Act.

ALTERNATIVES

1. Adopt the attached Ordinance Establishing a Military Equipment Use Policy.

2. Do not adopt the attached Ordinance Establishing a Military Equipment Use Policy.

City Council Request
Second Reading
June 21, 2022

3. Continue the item for further consideration.

RECOMMENDED ACTION
Staff recommends that the City Council adopt the attached Ordinance Establishing a Military Equipment Use Policy.

Prepared by: Colin Burns, Attorney for the City
Reviewed by: Jarrod Frahm, Police Lieutenant
Reviewed by: Matt Sheppard, Chief of Police
Approved By: Maggie Le, City Manager
Attachment No 1: Ordinance Establishing a Military Equipment Use Policy

ORDINANCE NUMBER

AN ORDINANCE OF THE FOUNTAIN VALLEY CITY COUNCIL

ADOPTING A MILITARY EQUIPMENT USE POLICY
WHEREAS on September 30, 2021, Governor Gavin Newsom signed into law Assembly Bill 481, relating to the use of military equipment by law enforcement agencies; and
WHEREAS Assembly Bill 481, codified at California Government Code sections 7070 through 7075, requires law enforcement agencies to obtain approval of the applicable governing body, by an ordinance adopting a “military equipment” use policy, at a regular meeting held pursuant to open meeting laws, prior to taking certain actions relating to the funding, acquisition, or use of military equipment.

The term “military equipment” is defined in California Government Code section 7070; and
WHEREAS Assembly Bill 481 allows the governing body of a city to approve the funding, acquisition, or use of military equipment within its jurisdiction only if it makes specified determinations; and
WHEREAS the proposed military equipment use policy is found within Fountain Valley Police Department Policy 706; and
WHEREAS Fountain Valley Police Department Policy 706 was published on the Fountain Valley Police Department’s internet website and presented to City Council on April 5, 2022; and
WHEREAS the military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety; and
WHEREAS the proposed military equipment use policy will safeguard the public’s welfare, safety, civil rights, and civil liberties; and WHEREAS if purchasing the equipment, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety; and
WHEREAS prior military equipment use complied with the military equipment use policy that was in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance.

NOW, THEREFORE, THE FOUNTAIN VALLEY CITY COUNCIL DOES
HEREBY ORDAIN AS FOLLOWS:

Section 1. That section 2.22.140 is added to the Fountain Valley Municipal Code to read as follows:
“2.22.140 Military Equipment Use Policy. Pursuant to Government Code Section 7070 et seq., the City has adopted a military equipment use policy. The City Council has reviewed the military use policy prepared by the Fountain Valley Police Department and approves of the same. This policy shall be reviewed at least annually by the City Council in accordance with the law.” 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, APPROVED AND ADOPTED by the Fountain Valley City Council at a regular meeting on the ____ of June 2022___________ by the following vote:

AYES: Council Members
NOES: Council Members
ABSENT: Council Members
ABSTAIN: Council Members
ATTEST

Rick Miller Patrick Harper
City Clerk Mayor
APPROVED TO FORM:
___________________________
Colin Burns
Attorney for the City

STATE OF CALIFORNIA }
COUNTY OF ORANGE }
CITY OF FOUNTAIN VALLEY }
I, Rick Miller, City Clerk of the City of Fountain Valley, do hereby certify that the foregoing ordinance is the original copy of Ordinance Number on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the _____ day of June, 2022.

Rick Miller
City Clerk

CITY OF FOUNTAIN VALLEY

CITY COUNCIL

COUNCIL ACTION REQUEST
To: Honorable Mayor and Agenda Date: June 21, 2022
Members of the City Council
SUBJECT: Resolutions Relating to the Calling of the November 8, 2022 General Municipal Election

EXECUTIVE SUMMARY
The City of Fountain Valley General Municipal Election will be held on Tuesday, November 8, 2022. It is City policy to consolidate the local election with the County of Orange. In order to establish such consolidation, it is necessary for the City to adopt resolutions calling and giving notice of the election, requesting consolidation with the County, adopting regulations pertaining to materials prepared by any candidate for a municipal; election, including costs of candidates’ statements. Pursuant to the City’s schedule, three offices on the City Council will be subject to election on November 8, 2022.

DISCUSSION:

Municipal Election
The 2022 Fountain Valley General Municipal Election will be held on Tuesday, November 8, 2022 in conjunction with the Statewide General Election, for the purpose of electing three (3) Council Members of the City Council for the full term of four years. The nomination period will run from July 18, 2022 to August 12, 2022. Pursuant to provisions of the California Elections Code, the City Council must adopt certain resolutions related to the General Municipal Election. As such it is necessary to submit the appropriate Resolutions to the County of Orange for consolidation.

Attached for the Council’s review and consideration are resolutions that satisfy requirements for the November 8, 2022, General Municipal Election, including resolutions calling the election for the offices of three Members of the City Council, Resolution requesting the County of Orange consent to consolidation of the General Municipal Election with the Statewide General Election and provide certain services in connection with the election; and a Resolution adopting regulations for candidates for elective office

pertaining to Candidate Statements submitted to the voters at an election to be held on Tuesday, November 8, 2022 and includes requirements of the Voting Rights Act relative to foreign language policy (currently English, Spanish, Vietnamese, Korean, and Chinese for Orange County cities).

It is important to note that the Resolution calling for the election includes a provision, that states in the event of a tie vote, the tie will be broken by lot. Alternatively, the Council could elect to provide, at the expense of the City, to hold a special runoff election in the case of a tie. If the City Council wishes to select this alternative, the Resolution could be revised accordingly. However, it has been the practice of the City to draw lots in case of a tie.

Pursuant to Sections 10400 to 10418 of the Elections Code and provisions in the California Government Code, these Resolutions must be adopted in order to proceed with the General Municipal Election. Therefore, it would be appropriate for the City Council to call for the election, request its consolidation with the Statewide General Election, and establish regulations for candidates’ statements.

FINANCIAL ANALYSIS
Based on an estimate received from the Orange County Registrar of Voters, the estimated cost for the consolidated General Municipal Election is between $37,187 to $47,329, which is an average cost of $1.10 and $1.40 per voter. Funds to cover the election related costs have been included as part of the FY 2022-23 budget.

ATTORNEY REVIEW:

The Attorney for the City has reviewed and approved the attached resolutions.

ALTERNATIVES:

The Council must still approve calling the election for the offices of three (3) Members of the City Council. The City Council may elect to conduct the election with the help of an outside consultant; however, the costs will be higher compared to the cost estimate provide by the Orange County Registrar of Voters. Therefore, Staff recommends the following actions:
a. Adopt a Resolution of the City Council of the City of Fountain Valley, California, Calling A General Municipal Election to be Held on Tuesday, November 8, 2022, for the Election of Certain Officers as Required by the Provisions of Law of the State of California Relating to General Law Cities.

b. Adopt a Resolution of the City Council of the City of Fountain Valley, California Requesting the Board of Supervisors of the County of Orange to Consolidate a General Municipal Election to be held on November 8, 2022 with the Statewide General Election to be held on the date Pursuant to § 10403 of the Elections Code. c. Adopt a Resolution of the City Council of the City of Fountain Valley, California adopting regulations for candidates for elective office pertaining to Candidate Statements submitted to the voters at an election to be held on Tuesday, November 8, 2022.

RECOMMENDATION:

Staff recommends that the City Council choose Alternative No. 1 Prepared By: Rick Miller, City Clerk Administrator
Fiscal Review by: Ernestine Jones, Interim Finance Director/ Treasurer Legal Review by: Colin Burns, Attorney for the City
Approved By: Maggie Le, City Manager

RESOLUTION NO. ____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOUNTAIN

VALLEY, CALIFORNIA, CALLING FOR THE HOLDING OF A

GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY,
NOVEMBER 8, 2022, FOR THE ELECTION OF CERTAIN OFFICERS

AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE

OF CALIFORNIA RELATING TO GENERAL LAW CITIES
WHEREAS, under the provisions of the laws relating to general law cities in the State of California, a General Municipal Election shall be held on November 8, 2022, for the election of Municipal Officers; and

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FOUNTAIN

VALLEY CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

SECTION 1. That pursuant to the requirements of the laws of the State of California relating to General Law Cities, there is called and ordered to be held in the City of Fountain Valley, California, on Tuesday, November 8, 2022, a General Municipal Election for the purpose of electing three (3) Members of the City Council for the full term of four years.

SECTION 2. That the ballots to be used at the election shall be in form and content as required by law.

SECTION 3. That the City Clerk is authorized, instructed and directed to coordinate with the County of Orange Registrar of Voters to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election.

SECTION 4. That the polls for the election shall be open at seven o’clock a.m. of the day of the election and shall remain open continuously from that time until eight o’clock p.m. of the same day when the polls shall be closed, pursuant to Election Code § 10242, except as provided in § 14401 of the Elections Code of the State of California.

SECTION 5. That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections.

SECTION 6. That notice of the time and place of holding the election is given and the City Clerk is authorized, instructed and directed to give further or

additional notice of the election, in time, form and manner as required by law.

SECTION 7. That in the event of a tie vote, if any two or more persons receive an equal and the highest number of votes for an office as certified by the County of Orange Registrar of Voters, the City Council, in accordance with Election Section 15651(a), shall set a date and time and place and summon the candidates who have received the tie votes to appear and will determine the tie by lot.

SECTION 8. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions.

SECTION 9. The City Council authorizes the City Clerk to administer said election and all reasonable and actual election expenses shall be paid by the City upon presentation of a properly submitted bill.

PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Fountain Valley this 21st day of June, 2022.

AYES:

NOES:

ABSENT:

ABSTAIN:

Patrick Harper, Mayor
ATTEST:

Rick Miller, City Clerk
APPROVED AS TO FORM:

Colin Burns
Attorney for the City

RESOLUTION NO. _____

A RESOLUTION OF THE CITY OF FOUNTAIN VALLEY,

CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF

THE COUNTY OF ORANGE TO CONSOLIDATE A GENERAL
MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 8, 2022,

WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON
THE DATE PURSUANT TO GOVERNMENT CODE §10403 OF

THE ELECTIONS CODE
WHEREAS, the City Council of the City of Fountain Valley called a General Municipal Election to be held on November 8, 2022 for the purpose of the election of three (3) Members of the City Council for the term of four years, and; WHEREAS, it is desirable that the General Municipal Election be consolidated with the Statewide General Election to be held on the same date and that within the city, the precincts, polling places, and election officers of the two elections be the same, and that the Orange County Registrar of Voters canvass the returns of the General Municipal Election, and that the election be held in all respects as if there were only one election;

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FOUNTAIN

VALLEY DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS
FOLLOWS:

SECTION 1. That pursuant to the requirements of Section 10403 of the Elections Code, the Board of Supervisors of the County of Orange is hereby requested to consent and agree to the consolidation of a General Municipal Election with the Statewide General Election on Tuesday, November 8, 2022, for the purpose of electing three (3) Members of the City Council for the term of four years.

SECTION 2. That the County of Orange Registrar of Voters is authorized to canvass the returns of the General Municipal Election. The election shall be held in all respects as if there were only one election, and only one form of ballot shall be used. The election will be held and conducted in accordance with the provisions of law regulating statewide elections.

SECTION 4. That the Board of Supervisors is requested to issue instructions to the Orange County Registrar of Voters to take any and all steps necessary for the holding of the consolidated election.

SECTION 5. That the City of Fountain Valley recognizes that additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County for any costs related to this election.

SECTION 6. That the City Clerk is hereby directed to file a certified copy of this resolution with the Board of Supervisors and the Orange County Registrar of Voters.

SECTION 7. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Fountain Valley this 21st day of June, 2022.

AYES:

NOES:

ABSENT:

ABSTAIN:

Patrick Harper, Mayor
ATTEST:

Rick Miller, City Clerk
APPROVED AS TO FORM:

Colin Burns
Attorney for the City

1 RESOLUTION NO. ______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOUNTAIN

VALLEY, CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES

FOR ELECTIVE OFFICE PERTAINING TO CANDIDATES STATEMENTS

SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON
TUESDAY, NOVEMBER 8, 2022
WHEREAS, §13307 Elections Code of the State of California provides that the governing body of any local agency adopt regulations pertaining to materials prepared by any candidate for a municipal election, including costs of the Candidates Statement.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FOUNTAIN VALLEY,

CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:

Section 1: General Provisions.

A. That pursuant to §13307 of the Elections Code of the State of California, each Candidate for elective office to be voted for at an election to be held in the City of Fountain Valley on November 8, 2022, may prepare a Candidates Statement on an appropriate form provided by the City Clerk.

The Statement may include the name, age, and occupation of the Candidate and a brief description of no more than 200 words of the Candidate’s education and qualifications expressed by the Candidate. The Statement shall not include party affiliation of the Candidate, nor membership or activity in partisan political organizations. Additionally any Candidates Statement submitted pursuant to §13307 of the Elections Code shall be limited to a recitation of the Candidate’s own personal background and qualifications, and shall not in any way make reference to other candidates for that office.

B. The statement shall be filed in typewritten form in the office of the City Clerk at the time the Candidate’s nominations papers are filed. The Candidate must also provide the City Clerk with an electronic copy of the statement in Word format on a CD, flash drive, or by email.

C. The Statement shall be filed in the Office of the City Clerk at the same time the Candidate’s Nomination Papers are filed. The Statement may be withdrawn, but not changed, during the period for filing Nomination Papers and until 5:00 p.m. of the next working day after the close of the Nomination Period.

Section 2. Foreign Language Policy

2 A. Pursuant to the Federal Voting Rights Act, Candidates Statements will be translated into all languages required by the County of Orange. The County is required to translate Candidates Statements into the following languages:

Spanish, Chinese, Korean, and Vietnamese.

B. The County will print and mail sample ballots and Candidates Statements to all voters in Spanish, Chinese, Korean, or Vietnamese to only those voters who are on the County voter file as having requested a sample ballot in a particular language. The County will make the sample ballots and all Candidates Statements in the required languages available at all polling places, on the County’s website, and in the City Clerk’s Office.

Section 3. Payment
A. Translations:

1. The Candidate shall be required to pay for the cost of translating the Candidates Statement into any required foreign language as specified in Section 2.A. and Section 2.B. above pursuant to Federal and/or State law.

2. The Candidate shall be required to pay for the cost of translating the Candidates Statement into any foreign language that is not required as specified in Section 2.A. and Section 2.B. above, pursuant to Federal and/or State Law, but is requested as an option by the Candidate.

B. Printing:

1. The Candidate shall be required to pay for the cost of printing a Candidates Statement in English in the main voter pamphlet.

2. The Candidate shall be required to pay for the cost of printing the Candidates Statement in a foreign language required in Section 2.A. above, in the main voter pamphlet.

3. The Candidate shall be required to pay for the cost of printing the Candidates Statement in a foreign language requested by the Candidate per Section 2.B. above, in the main voter pamphlet.

4. The Candidate shall be required to pay for the cost of printing the Candidates Statement in a foreign language required by Section

2.A. above, in the facsimile voter pamphlet.

The City Clerk shall provide an estimate of the total cost of printing, handling, translating, and mailing the Candidates Statements filed pursuant to this Section, including costs incurred as a result of complying with the Voting Rights Act of 1965 (as amended), and require each Candidate filing a statement to pay in advance to the City his estimated pro rata share as a condition of having his statement included in the voter’s pamphlet. In the event the estimated payment is required, the estimate is just an approximation of the actual cost that varies from one election to another election

3 and may be significantly more or less than the estimate, depending on the actual number of candidates filing statements. Accordingly, the City Clerk is not bound by the estimate and may, on a pro rata basis, bill the Candidate for additional actual expense or refund any excess paid depending on the final actual cost. In the event of underpayment, the City Clerk may require the Candidate to pay the balance of the cost incurred. In the event of overpayment, the City Clerk shall pro rate the excess amount among the candidates and refund the excess amount paid within 30 days of the election.

Section 4. Additional Materials. No Candidate will be permitted to include additional materials in the sample ballot package.

Section 5. That the City Clerk shall provide each Candidate or the Candidate’s representative a copy of this Resolution at the time nominating petitions are issued.

Section 6. That all previous Resolutions establishing City Council policy on payment for Candidates Statements are repealed.

Section 7. That this Resolution shall apply only to the election to be held on November 8, 2022, and shall then be repealed.

Section 8. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions.

PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Fountain Valley this 21st day of June, 2022.

AYES:

NOES:

ABSENT:

ABSTAIN:

Patrick Harper, Mayor
ATTEST:

Rick Miller, City Clerk
APPROVED AS TO FORM:

Colin Burns, Attorney for the City

CITY OF FOUNTAIN VALLEY

CITY COUNCIL

COUNCIL ACTION REQUEST
To: Honorable Mayor and Agenda Date: June 21, 2022
Members of the City Council
SUBJECT: A Resolution of the City Council of the City of Fountain Valley Declaring a Level 2 Water Supply Shortage with a Provision to Prohibit the Use of Potable Water for the Irrigation of Non-Functional Turf at Commercial, Industrial and Institutional Sites
EXECUTIVE SUMMARY:

The State of California is in its third consecutive year of dry conditions, resulting in continuing drought in all parts of the State. The 21st century to date has been characterized by record warmth and predominately dry conditions, and summer 2021 in California and the rest of the western United States was the hottest on record. Despite early rains in October and December 2021, January and February 2022 were the driest in recorded history for the watersheds that provide much of California’s water supply. The record-breaking dry period in January and February 2022 and the absence of significant rains in March have required the Department of Water Resources (DWR) to reduce anticipated deliveries from the State Water Project to 5 percent of requested supplies. As a result, the following actions have been enacted.

On March 28, 2022, Governor Gavin Newsom issued Executive Order N-7-22 calling on all Californians to limit summertime water use and to use water more efficiently indoors and out. Californians were also encouraged to understand and track the amount of water they use and measure their progress toward their conservation goals. He also directed the State Water Resources Control Board (SWRCB) to consider adopting additional emergency regulations by May 25, 2022 to increase water conservation.

On May 24, 2022, the SWRCB adopted an emergency regulation to reduce water demand and improve water conservation (Resolution No. 2022-0018). This emergency regulation requires that:
 Each urban water supplier submit a preliminary annual water supply and demand assessment to DWR by June 1, 2022 and submit a final annual water supply and demand assessment by July 1, 2022.
 Each urban water supplier that has submitted a Water Shortage Contingency Plan (WSCP) to DWR shall implement by June 10, 2022, at a minimum, all demand

City Council Request
Level 2 – Water Supply Shortage
June 21, 2022

reduction actions identified in the supplier’s WSCP for a shortage level of 10-20% (Level 2).
 The use of potable water is prohibited for the irrigation of non-functional turf at commercial, industrial and institutional sites.

Staff recommends that the City Council adopt a Resolution declaring a Level 2 Water Supply Shortage with a provision to prohibit the use of potable water for the irrigation of non-functional turf at commercial, industrial and institutional sites.

DISCUSSION:

History
In 2018, following the end of the 2013-2017 drought, the California Legislature modified the Urban Water Management Planning Act of 1983 (California Water Code 10610 to 10656) to include new water shortage planning requirements. More specifically, California Water Code Section 10632 now requires urban water suppliers to conduct, approve and submit an annual water supply and demand assessment beginning July 1, 2022; implement six standard water shortage levels corresponding to progressive water shortages of up to 10%, 20%, 30%, 40%, 50% and greater than 50%; and identify shortage response actions that align with each of the defined shortage levels.

On June 1, 2021, City Council adopted the City’s 2020 Urban Water Management Plan (2020 UWMP) and 2020 Water Shortage Contingency Plan (2020 WSCP) pursuant to California Water Code. Both the 2020 UWMP and the 2020 WSCP incorporated the new legislative requirements.

On June 1, 2021, City Council adopted Ordinance 1572 (Ordinance), which repealed and reenacted Chapter 14.18 of the Fountain Valley Municipal Code (FVMC) pertaining to water conservation. The Ordinance updated FVMC 14.18 to be consistent with the new requirements of California Water Code Section 10632 and the City’s 2020 UWMP Plan and 2020 WSCP including:
 Redefining the City’s water supply shortage levels to comply with the six standard levels defined by the State;
 Reassigning the water shortage contingency measures to the new standardized shortage levels to achieve required reductions;
 Requiring mandatory reductions and water shortage contingency measures at all levels to allow for enforcement; and
 Incorporating the annual water shortage assessment (commonly referred to as the annual water supply and demand assessment) required by the California Department of Water Resources (DWR) into the water shortage determination process.

City Council Request
Level 2 – Water Supply Shortage
June 21, 2022

FVMC 14.18.050 now defines six water supply shortage levels that are aligned with the City’s 2020 WSCP and the State’s Water Shortage Levels.

Water Supply Shortage Levels Corresponding Water Use Requirements Level 0 – Normal Water Supply
Conditions
Permanent water conservation requirements are
in place at all times to prevent waste and
unreasonable use of water
Level 1 Water Supply Shortage Requires a water use reduction of up to 10% Level 2 Water Supply Shortage Requires a water use reduction of 11-20% Level 3 Water Supply Shortage Requires a water use reduction of 21-30% Level 4 Water Supply Shortage Requires a water use reduction of 31-40% Level 5 Water Supply Shortage Requires a water use reduction of 41-50% Level 6 Water Supply Shortage
Emergency
Requires a water use reduction of greater than
50%
The City Council can declare a water supply shortage and require or impose reductions in the use of water if such reductions are necessary in order for the City to comply with water use restrictions imposed by federal, state or regional water agencies, or to respond to local or regional water shortage conditions and emergencies. Each water supply shortage level is intended to be more restrictive than the previous level(s) and has predefined water conservation/demand management measures that can be implemented to help achieve the necessary reduction. The corresponding water conservation/demand management measures shall be in addition to the City’s permanent water conservation requirements and the water conservation/demand management measures of the previous level(s).

On April 21, 2021, Governor Gavin Newsom proclaimed a state of emergency to exist in Mendocino and Sonoma counties due to drought conditions in the Russian River Watershed.

On May 10, 2021, Governor Gavin Newsom proclaimed a state of emergency to exist in the Klamath River, Sacramento-San Joaquin Delta, and Tulare Lake Watershed counties due to drought.

On July 8, 2021, Governor Gavin Newsom proclaimed a state of emergency to exist due to drought in the additional nine counties of Inyo, Marin, Mono, Monterey, San Luis Obispo, San Mateo, Santa Barbara, Santa Clara, and Santa Cruz, such that a drought state of emergency was in effect in 50 counties.

On July 8, 2021, Governor Gavin Newsom issued Executive Order N-10-21 calling on all Californians to voluntarily reduce their water use by 15 percent from their 2020 levels.

On October 19, 2021, Governor Gavin Newsom proclaimed a state of emergency to exist in the State due to drought in the remaining counties of Imperial, Los Angeles, Orange, Riverside, San Bernardino, San Diego, San Francisco, and Ventura, such that the drought

City Council Request
Level 2 – Water Supply Shortage
June 21, 2022

state of emergency is in effect statewide. He also directed local water suppliers to execute their urban Water Shortage Contingency Plans and agricultural Drought Plans at a level appropriate to local conditions, taking into account the possibility of a third consecutive dry year, and to ensure that Urban and Agricultural Water Management Plans were up to date and in place.

At this point in time, the City of Fountain Valley had recently adopted its 2020 UWMP and had determined that there was sufficient water supply to meet the demands of its water customers through multiple dry years. The City remained at Level 0 and continued to promote the efficient use of water through its permanent water conservation requirements (FVMC 14.18.040), a variety of programs and educational material, and Best Management Practices.

On January 4, 2022, the State Water Resources Control Board (SWRCB) adopted an emergency regulation to supplement voluntary water conservation (Resolution No. 2022- 0002). The wasteful water uses prohibited by this emergency regulation were already included in the City’s permanent water conservation requirements (FVMC 14.18.040) so no action was required of the City.

Recent Events
The State of California is in a third consecutive year of dry conditions, resulting in continuing drought in all parts of the State. The 21st century to date has been characterized by record warmth and predominately dry conditions, and summer 2021 in California and the rest of the western United States was the hottest on record. Despite early rains in October and December 2021, January and February 2022 were the driest in recorded history for the watersheds that provide much of California’s water supply. The record-breaking dry period in January and February and the absence of significant rains in March have required the DWR to reduce anticipated deliveries from the State Water Project to 5 percent of requested supplies. As a result, the following actions have been enacted.

On March 28, 2022, Governor Gavin Newsom issued Executive Order N-7-22 calling on all Californians to limit summertime water use and to use water more efficiently indoors and out. Californians were also encouraged to understand and track the amount of water they use and measure their progress toward their conservation goals. He also directed the SWRCB to consider adopting additional emergency regulations by May 25, 2022, to increase water conservation.

On May 24, 2022, the SWRCB adopted an emergency regulation to reduce water demand and improve water conservation (Resolution No. 2022-0018). This emergency regulation requires that:

City Council Request
Level 2 – Water Supply Shortage
June 21, 2022

 Each urban water supplier submit a preliminary annual water supply and demand assessment to DWR by June 1, 2022, and submit a final annual water supply and demand assessment by July 1, 2022;
 Each urban water supplier that has submitted a WSCP to DWR shall implement by June 10, 2022, at a minimum, all demand reduction actions identified in the supplier’s WSCP for a shortage level of 10-20% (Level 2); and  The use of potable water is prohibited for the irrigation of non-functional turf at commercial, industrial, and institutional sites.

Compliance
The City of Fountain Valley submitted a preliminary annual water supply and demand assessment to DWR by June 1, 2022, and will submit a final annual water supply and demand assessment to DWR by July 1, 2022, in compliance with the SWRCB’s new emergency regulation (May 24, 2022). Based on the City’s water supply and demand assessment, a water supply shortage does not exist in the City of Fountain Valley. We are fortunate to have access to both groundwater from a natural underground aquifer managed by the Orange County Water District (OCWD) and water imported from Northern California and the Colorado River by the Metropolitan Water District of Southern California. However, we can still do our part to conserve water.

Water conservation is the easiest, most efficient, and most cost-effective way to quickly reduce water demand and extend limited water supplies through this summer and into the next year, providing flexibility for all California communities. Water saved is water available next year, giving water suppliers added flexibility to manage their systems effectively over time. The more water that is conserved now, the less likely it is that a community will experience dire shortages that may require water rationing or other emergency actions.

The SWRCB’s new emergency regulation requires that each urban water supplier that has submitted a water shortage contingency plan to the DWR shall implement by June 10, 2022, at a minimum, all demand reduction actions identified in the supplier’s water shortage contingency plan for a Level 2 Water Supply Shortage. It also prohibits the use of potable water for the irrigation of non-functional turf at commercial, industrial and institutional sites.

Therefore, Staff is recommending that the City Council adopt a Resolution declaring a Level 2 Water Supply Shortage with a provision to prohibit the use of potable water for the irrigation of non-functional turf at commercial, industrial and institutional sites.

Water Restrictions
The City has permanent water conservation requirements, identified in Section 14.18.040 of the Fountain Valley Municipal Code, that include but are not limited to the following:

City Council Request
Level 2 – Water Supply Shortage
June 21, 2022

 Limits on watering hours – prohibited between 9:00 a.m. and 6:00 p.m.;  Limits on watering duration – limited to no more than 15 minutes per station per day;
 Watering during and after rainfall – prohibited during and within 48 hours after measurable rainfall;
 Watering ornamental turf on public street medians is prohibited;  Watering in a manner that causes or allows more than incidental water runoff is prohibited;
 No washing down hard or paved surfaces;
 Any new planting should be drought tolerant plants;
 Obligation to fix leaks, breaks or malfunctions within 72 hours of notice;  Limits on washing vehicles – prohibited except with the use of a bucket or a hose with an automatic shutoff nozzle, or at a commercial car wash that recycles water;  Swimming pools – no person shall empty and refill a swimming pool except to prevent or repair structural damage or to comply with public health regulations;  Water fountains or decorative water features are prohibited unless they recirculate water;
 Hotels/Motels must provide option to not have towels and linens laundered daily;  Food Service Facilities are required to use water conserving pre-rinse spray valves, serve drinking water only upon request and other miscellaneous requirements; and
 Miscellaneous construction requirements.

The following additional water conservation requirements will apply during the Level 2 Water Supply Shortage.

1. Percentage Use Reductions. All users are required to reduce their usage by 11-20% to sustain an adequate water supply for the City.

2. Staff. All City staff to be alerted to the water supply shortage level conditions, supplied with educational material, and directed to actively intervene and educate the public, when excessive use is observed.

At the discretion of the City Manager or his/her designee, hire, divert, or employ additional City staff and volunteers to monitor water usage, provide assistance to water users to reduce their water consumption, and to monitor the enforcement of the requirements, restrictions and priorities adopted by the City in response to the water supply shortage condition.

3. Lawn Watering and Landscape Irrigation. Watering or irrigating of lawn, landscape or other vegetated area with potable water is limited to three (3) days per week on a schedule established and posted by the City as outlined below.

City Council Request
Level 2 – Water Supply Shortage
June 21, 2022

4. Adjust Water Usage Rates. The City may increase water rates, which would apply for the duration of the Level 2 Water Supply Shortage.

5. Agriculture/Nurseries. All non-essential water use should cease.

6. Public Entities. All non-essential water use should cease.

7. Commercial/Industrial Use. All non-essential water use should cease.

8. Other Prohibited Uses. The City may prohibit other water uses as determined by the City, after notice to customers.

9. Other Actions Possible. Initiate or implement additional or innovative actions to increase the supply of water available to the City and to conserve the City’s existing water supply.

10. Media. The declaration of this and subsequent water supply shortage levels shall be communicated to the media.

In addition, to the demand reduction actions identified in the City’s WSCP and Municipal Code for a Level 2 Water Supply Shortage, Staff recommends a provision to prohibit the use of potable water for the irrigation of non-functional turf at commercial, industrial and institutional sites, per the requirements of the emergency regulation. “Commercial, industrial and institutional” refers to commercial water users, industrial water users, and institutional water users as respectively defined in Water Code, section 10608.12, subdivisions (e), (i), and (j), and includes homeowners’ associations, common interest developments, community service organizations, and other similar entities but does not include the residences of these entities’ members or separate interests.

California Water Code Definitions (Section 10608.12)
Commercial Water User A water user that provides or distributes a product or service.

Industrial Water User A water user that is primarily a manufacturer or processor of materials as defined by the North American Industry
Classification System code sectors 31 to 33, inclusive, or an NEW Outdoor Watering Schedule – 3 Days Per Week – Effective July 1, 2022 Locations Sun Mon Tues Wed Thurs Fri Sat
ODD Numbered Addresses
(Ending in 1, 3, 5, 7, 9)   
EVEN Numbered Addresses
(Ending in 0, 2, 4, 6, 8)   
Commercial, Industrial & Institutional
Excluding Non-functional Turf   

City Council Request
Level 2 – Water Supply Shortage
June 21, 2022

entity that is a water user primarily engaged in research and development.

Institutional Water User A water user dedicated to public service. This type of user includes, among other users, higher education institutions, schools, courts, churches, hospitals, government facilities, and nonprofit research institutions.
“Non-functional turf” means turf that is solely ornamental and not regularly used for human recreational purposes or for civic or community events. Non-functional turf does not include sports fields and turf that is regularly used for human recreational purposes or for civic or community events, such as parks and school fields.

The use of water by commercial, industrial, and institutional sites to ensure the health of trees and other non-turf plantings or to the extent necessary to address an immediate health and safety need is not prohibited by this provision.

The City can comply with this using one of or a combination of the following: turning off irrigation to non-functional turf; replacing the non-functional turf with drought-tolerant landscaping, mulch or synthetic turf; or by converting non-functional turf to recycled water.

The following is a list of the City’s non-functional turf that will be affected by this provision.

Non-functional Turf Locations at City Facilities Est. Sq. Ft.

City Hall (turf along Slater Ave, adjacent to employee parking lot) 3,800 City Hall (turf along west side of building) 3,060
Senior Center (narrow strip of turf north of fountain) 730 Senior Center (turf area between building and Slater Ave) 3,000 Fire Station No. 2 1,950
City Yard (area adjacent to Mt. Herrmann St) 2,280
Well #8 (bordered by Edinger Ave., Richardson St. and W. Lilac Ave) 18,180 Total 33,000
The City itself will also be complying with all of the Level 2 water restrictions at all of the City’s properties, facilities, parks, right-of-ways, etc.

The Level 2 Water Supply Shortage mandatory provisions and the additional provision prohibiting the use of potable water for the irrigation of non-functional turf at commercial, industrial, and institutional sites shall be effective on July 1, 2022.

The mandatory provisions enacted by this resolution or contained in Municipal Code Chapter 14.18 do not apply to the use of recycled water. The Fountain Valley Sports Park, Mile Square Park, Baker Golf Course, Mile Square Golf Course, Green Valley Park and Hyundai Motor America utilize recycled water for landscape irrigation and are not subject to these restrictions.

City Council Request
Level 2 – Water Supply Shortage
June 21, 2022

Any City customer violating the mandatory provisions enacted by this resolution or contained in Municipal Code Chapter 14.18 shall be subject to the procedures and/or penalties of Municipal Code Chapter 14.18 which is available for public review at City Hall and on the City website, www.fountainvalley.org.

This declared Level 2 Water Supply Shortage will remain in effect until the City of Fountain Valley City Council so determines, based on the City Council’s evaluation of water supply conditions.

Public Notification
The City will provide notification and information through individual postcards mailed to all service addresses in the City, as well as issuing a press release outlining the new restrictions. Bilwater-savingith water saving tips and rebate information will also be used.

In addition, the City’s website will be updated to reflect all of the current regulations. Water customers can use the City’s website to report water waste, track their own water usage and find rebate opportunities for twater-efficient water efficient devices/fixtures.

City staff will work with commercial, industrial and institutional water customers, including HOA’s, to make sure they are aware of the new regulations and turf removal rebates.

Staff will also reach out to restaurants and hotels to remind them of the permanent water restrictions related to their businesses.

In addition, City staff will host booths at local events, such as Concerts in the Park, to promote water conservation and provide information to residents on the new restrictions, ways they can conserve and how to apply for rebates.

Enforcement
The City will notify customers (through letters, door hangers, etc.) to make them aware of the violation that occurred and the possible consequences of failing to correct the violation. This will be a step-up process that focuses on education and assistance to help the customer remedy the issue. If notification and education are not successful, the City may issue an administrative citation in the amount of $100 for a first violation, $200 for a second violation and $500 for each additional violation occurring within the same calendar year. Continuing violations may be prosecuted as a misdemeanor punishable by imprisonment in the county jail for not more than 30 days and/or a fine in the amount of $1,000. Each day that a violation occurs is a separate offense. Additionally, the City may install a flow restricting device on the water meter. Payment of the City’s charges for installing and/or removing any flow restricting device and for disconnecting and/or reconnecting service per the City’s schedule of charges is also the responsibility of the customer.

City Council Request
Level 2 – Water Supply Shortage
June 21, 2022

FINANCIAL ANALYSIS:

Water users may face fines that are progressive beginning at $100 to $200 then $500 up to $1,000 per day if they are found to have failed to implement conservation requirements.

If the proposed water conservation measures are effective in helping the City achieve its goal of reducing its water usage by 11-20%, it is anticipated that the overall fund balance in the Water Enterprise Fund will be reduced by approximately 1.3 to 2.4 million dollars in FY 2022-23 with additional steeper impacts in future years depending upon how long drought conditions last and what percentage of customer use rebound will be experienced when the drought conditions are lifted.

ATTORNEY REVIEW:

The Attorney for the City has reviewed and approved the proposed Resolution.

ALTERNATIVES:

Alternative No. 1: Adopt a Resolution declaring a Level 2 Water Supply Shortage with a provision to prohibit the use of potable water for irrigation of non-functional turf at commercial, industrial and institutional sites. This is the recommended action.

Alternative No. 2: Adopt a Resolution declaring a Level 2 Water Supply Shortage without a provision to prohibit the use of potable water for irrigation of non-functional turf at commercial, industrial and institutional sites. This is not recommended as the City would not be in compliance with SWRCB’s Resolution 2022-0018 adopting an emergency regulation to reduce water demand and improve water conservation.

Alternative No. 3: Do not adopt a Resolution declaring a Level 2 Water Supply Shortage and continue enforcing the City’s permanent water conservation requirements. This is not recommended as the City would not be in compliance with SWRCB’s Resolution 2022-0018 adopting an emergency regulation to reduce water demand and improve water conservation.

RECOMMENDATION:

Staff recommends that the City Council adopt a Resolution declaring a Level 2 Water Supply Shortage with a provision to prohibit the use of potable water for irrigation of nonfunctional turf at commercial, industrial and institutional sites.

City Council Request
Level 2 – Water Supply Shortage
June 21, 2022

Prepared by: Christine Smith, Management Analyst
Reviewed by: Mark Sprague, Field Services Manager
Approved by: Hye Jin Lee, Director of Public Works
Fiscal Review by: Ernestine Jones, Interim Finance Director Approved by: Maggie Le, City Manager
Attachment 1: Resolution
Attachment 2: Executive Order N-7-22
Attachment 3: SWRCB Resolution No. 2022-0018

RESOLUTION NO. __________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOUNTAIN VALLEY DECLARING A LEVEL 2 WATER SUPPLY SHORTAGE PER
SECTION 14.18.050 OF THE CITY OF FOUNTAIN VALLEY MUNICIPAL

CODE REQUIRING PUBLIC COMPLIANCE WITH ADDITIONAL

MANDATORY CONSERVATION PRACTICES
WHEREAS, the City of Fountain Valley provides a reliable water supply for the beneficial use, health, safety, and welfare of its customers; and WHEREAS, statewide drought conditions over the past years have significantly impacted the State of California's water supply situation; and WHEREAS, on April 21, 2021, California Governor Gavin Newsom issued a Proclamation declaring a State of Emergency to exist in Mendocino and Sonoma counties due to drought conditions in the Russian River Watershed; and WHEREAS, on May 10, 2021, California Governor Gavin Newsom issued a Proclamation declaring a State of Emergency to exist in the Klamath River, SacramentoSan Joaquin Delta, and Tulare Lake Watershed Counties due to drought; and WHEREAS, on June 1, 2021, the City Council of the City of Fountain Valley adopted Ordinance 1572, which updated Fountain Valley Municipal Code Chapter 14.18 pertaining to Water Conservation to be consistent with the requirements of California Water Code Section 10632 and the City’s 2020 Urban Water Management Plan and 2020 Water Shortage Contingency Plan, including redefining the City’s water supply shortage levels to comply with the six standard levels defined by the State; and WHEREAS, on July 8, 2021, California Governor Gavin Newsom issued a Proclamation declaring a State of Emergency to exist due to drought in the additional nine counties of Inyo, Marin, Mono, Monterey, San Luis Obispo, San Mateo, Santa Barbara, Santa Clara, and Santa Cruz, such that a drought state of emergency was in effect in 50 counties; and
WHEREAS, on July 8, 2021, California Governor Gavin Newsom issued Executive Order N-10-21 calling on all Californians to voluntarily reduce their water use by 15 percent from their 2020 levels; and
WHEREAS, on October 19, 2021, California Governor Gavin Newsom issued a Proclamation declaring a State of Emergency to exist in the State due to drought in the remaining counties of Imperial, Los Angeles, Orange, Riverside, San Bernardino, San Diego, San Francisco, and Ventura, such that the drought state of emergency was in effect statewide; and

WHEREAS, on January 4, 2022, the State Water Resources Control Board (State Water Board) adopted an emergency regulation to supplement voluntary water conservation by prohibiting wasteful water uses (Resolution No. 2022-0002); and WHEREAS, on March 28, 2022, California Governor Gavin Newsom issued Executive Order N-7-22 calling on all Californians to limit summertime water use and use water more efficiently indoors and out. He also directed the State Water Board to consider adopting additional emergency regulations by May 25, 2022, to increase water conservation; and
WHEREAS, on May 24, 2022, the State Water Board adopted an emergency regulation to reduce water demand and improve water conservation (Resolution No. 2022-0018); and
WHEREAS, the State Water Board’s adopted emergency regulation requires that each urban water supplier that has submitted a Water Shortage Contingency Plan (WSCP) to the Department of Water Resources shall implement by June 10, 2022, at a minimum, all demand reduction actions identified in the supplier’s WSCP for a shortage level of 10-20% (Level 2); and
WHEREAS, the State Water Board’s adopted emergency regulation prohibits the use of potable water for the irrigation of non-functional turf at commercial, industrial, and institutional sites; and
WHEREAS, failure by water customers to abide by the provisions of this resolution and Chapter 14.18 of the Fountain Valley Municipal Code is subject to fines of $100 for a first violation, $200 for a second violation, and $500 for each additional violation within a calendar year, and/or can be prosecuted as a misdemeanor punishable by imprisonment in the county jail for not more than thirty days, or by a fine not exceeding $1,000 or both, in addition to other civil and administrative fines and remedies.

NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Fountain Valley, pursuant to City of Fountain Valley Municipal Code Section 14.18.050, declares a Level 2 Water Supply Shortage.

Due to the current drought situation throughout the State of California and in compliance with the State Water Board’s emergency regulation issued May 24, 2022, the City of Fountain Valley declares a Level 2 Water Supply Shortage with the additional provision to prohibit the use of potable water for the irrigation of non-functional turf at commercial, industrial, and institutional sites.

Additional water conservation measures. In addition to the Permanent Water Conservation Requirements – Prohibition Against Waste identified in Section 14.18.040 of the Fountain Valley Municipal Code, that include but are not limited to the following permanent conservation measures:

• Limits on watering hours – prohibited between 9:00 a.m. and 6:00 p.m. • Limits on watering duration – limited to no more than 15 minutes per station per day
• Watering during and after rainfall – prohibited during and within 48 hours after measurable rainfall
• Watering ornamental turf on public street medians is prohibited • Watering in a manner that causes or allows more than incidental water runoff is prohibited
• No washing down hard or paved surfaces
• Any new planting should be drought tolerant plants
• Obligation to fix leaks, breaks or malfunctions within 72 hours of notice • Limits on washing of vehicles – prohibited except with the use of a bucket or a hose with an automatic shutoff nozzle, or at a commercial car wash that recycles water
• Swimming pools – no person shall empty and refill a swimming pool except to prevent or repair structural damage or to comply with public health regulations • Water fountains or decorative water features are prohibited unless they recirculate water
• Hotels/Motels must provide option to not have towels and linens laundered daily • Food Service Facilities are required to use water conserving pre-rinse spray valves, serve drinking water only upon request and other miscellaneous requirements
• Miscellaneous construction requirements
The following additional water conservation requirements apply during the time of a Level 2 Water Supply Shortage:

1. Percentage Use Reductions. All users are required to reduce their usage by 11-20% to sustain an adequate water supply for the City.

2. Staff. All City staff to be alerted to the water supply shortage level conditions, supplied with educational material, and directed to actively intervene and educate the public, when excessive use is observed.

At the discretion of the City Manager or his/her designee, hire, divert, or employ additional City staff and volunteers to monitor water usage, provide assistance to water users to reduce their water consumption, and to monitor the enforcement of the requirements, restrictions and priorities adopted by the City in response to the water supply shortage condition.

3. Lawn Watering and Landscape Irrigation. Watering or irrigating of lawn, landscape or other vegetated are with potable water is limited to three (3) days per week on a schedule established and posted by the City as outlined below.

4. Adjust Water Usage Rates. The City may increase water rates, which would apply for the duration of the Level 2 Water Supply Shortage.

5. Agriculture/Nurseries. All non-essential water use should cease.

6. Public Entities. All non-essential water use should cease.

7. Commercial/Industrial Use. All non-essential water use should cease.

8. Other Prohibited Uses. The City may prohibit other water uses as determined by the City, after notice to customers.

9. Other Actions Possible. Initiate or implement additional or innovative actions to increase the supply of water available to the City and to conserve the City’s existing water supply.

10.Media. The declaration of this and subsequent water supply shortage levels shall be communicated to the media.

Additionally, in order for the City to comply with water use restrictions imposed by federal, state, or regional water agencies, and to respond to local or regional water shortage conditions and emergencies, the following provision is added:

11.Non-functional Turf at Commercial, Industrial, and Institutional Sites. The use of potable water for the irrigation of non-functional turf at commercial, industrial, and institutional sites is prohibited. The use of water to ensure the health of trees and other perennial non-turf plantings or to the extent necessary to address an immediate health and safety need is not prohibited. a. “Commercial, industrial and institutional” refers to commercial water users, industrial water users, and institutional water users as respectively defined in Water Code, section 10608.12, subdivisions (e), (i), and (j), and includes homeowners’ associations, common interest developments, community service organizations, and other similar entities but does not include the residences of these entities’ members or separate interests.

NEW Outdoor Watering Schedule – 3 Days Per Week – Effective July 1, 2022 Locations Sun Mon Tues Wed Thurs Fri Sat
ODD Numbered Addresses
(Ending in 1, 3, 5, 7, 9)   
EVEN Numbered Addresses
(Ending in 0, 2, 4, 6, 8)   
Commercial, Industrial & Institutional
Excluding Non-functional Turf   

b. “Non-functional turf” means turf that is solely ornamental and not regularly used for human recreational purposes or for civic or community events. Non-functional turf does not include sports fields and turf that is regularly used for human recreational purposes or for civic or community events, such as parks and school fields.

The Level 2 Water Supply Shortage mandatory provisions and the additional provision prohibiting the use of potable water for the irrigation of non-functional turf at commercial, industrial, and institutional sites shall be effective on July 1, 2022.

The mandatory provisions enacted by this resolution or contained in Municipal Code Chapter 14.18 do not apply to the use of recycled water.

Any City customer violating the mandatory provisions enacted by this resolution or contained in Municipal Code Chapter 14.18 shall be subject to the procedures and/or penalties of Municipal Code Chapter 14.18 which is available for public review at City Hall and on the City website, www.fountainvalley.org.

This declared Level 2 Water Supply Shortage will not expire until the City of Fountain Valley City Council so determines, based on the City Council’s evaluation of water supply conditions.

PASSED, APPROVED AND ADOPTED this 21st day of June, 2022, at a regular meeting of the City Council of the City of Fountain Valley.

ATTEST:
________________________ ________________________
Rick Miller, City Clerk Patrick Harper, Mayor
APPROVED AS TO FORM: APPROVED AS TO CONTENT:

Harper & Burns LLP
________________________ ________________________
Attorneys for the City Hye Jin Lee, Director of Public Works

EXECUTIVE DEPARTMENT

STATE OF CALIFORNIA
EXECUTIVE ORDER N-7-22
WHEREAS on April 12, 202 l, May l 0, 2021, July 8, 202 l, and October 19, 2021, I proclaimed states of emergency that continue today and exist across all the counties of California, due to extreme and expanding drought conditions; and
WHEREAS climate change continues to intensify the impacts of droughts on our communities, environment, and economy, and California is in a third consecutive year of dry conditions, resulting in continuing drought in all parts of the State; and
WHEREAS the 21st century to date has been characterized by record warmth and predominantly dry conditions, and the 2021 meteorological summer in California and the rest of the western United States was the hottest on record; and
WHEREAS since my October 19, 2021 Proclamation, early rains in October and December 2021 gave way to the driest January and February in recorded history for the watersheds that provide much of California's water supply; and WHEREAS the ongoing drought will have significant, immediate impacts on communities with vulnerable water supplies, farms that rely on irrigation to grow food and fiber, and fish and wildlife that rely on stream flows and cool water; and
WHEREAS the two largest reservoirs of the Central Valley Project, which supplies water to farms and communities in the Central Valley and the Santa Clara Valley and provides critical cold-water habitat for salmon and other anadromous fish, have water storage levels that are approximately l .1 million acre-feet below last year's low levels on this date; and WHEREAS the record-breaking dry period in January and February and the absence of significant rains in March have required the Department of Water Resources to reduce anticipated deliveries from the State Water Project to 5 percent of requested supplies; and
WHEREAS delivery of water by bottle or truck is necessary to protect human safety and public health in those places where water supplies are disrupted; and
WHEREAS groundwater use accounts for 41 percent of the State's total water supply on an average annual basis but as much as 58 percent in a critically dry year, and approximately 85 percent of public water systems rely on groundwater as their primary supply; and
WHEREAS coordination between local entities that approve permits for new groundwater wells and local groundwater sustainability agencies is important to achieving sustainable levels of groundwater in critically overdrafted basins; and

WHEREAS the duration of the drought, especially following a multiyear drought that abated only five years ago, underscores the need for California to redouble near-, medium-, and long-term efforts to adapt its water management and delivery systems to a changing climate, shifting precipitation patterns, and water scarcity; and
WHEREAS the most consequential, immediate action Californians can take to extend available supplies is to voluntarily reduce their water use by 15 percent from their 2020 levels by implementing the commonsense measures identified in operative paragraph 1 of Executive Order N-10-21 (July 8, 2021 ); and
WHEREAS to protect public health and safety, it is critical the State take certain immediate actions without undue delay to prepare for and mitigate the effects of the drought conditions, and under Government Code section 8571, I find that strict compliance with various statutes and regulations specified in this Proclamation would prevent, hinder, or delay the mitigation of the effects of the drought conditions.

NOW, THEREFORE, I, GAVIN NEWSOM, Governor of the State of California, in accordance with the authority vested in me by the State Constitution and statutes, including the California Emergency Services Act, and in particular, Government Code sections 8567, 8571, and 8627, do hereby issue the following Order to become effective immediately:

IT IS HEREBY ORDERED THAT:

1. The orders and provisions contained in my April 21, 2021, May 10, 2021, July 8, 2021, and October 19, 2021 Proclamations remain in fu ll force and effect, except as modified by those Proclamations and herein.

State agencies shall continue to implement all directions from those Proclamations and accelerate implementation where feasible.

2. To help the State achieve its conservation goals and ensure sufficient water for essential indoor and outdoor use, I call on all Californians to strive to limit summertime water use and to use water more efficiently indoors and out. The statewide Save Our Water conservation campaign at SaveOurWater.com provides simple ways for Californians to reduce water use in their everyday lives. Furthermore, I encourage Californians to understand and track the amount of water they use and measure their progress toward their conservation goals.

3. By May 25, .2022, the State Water Resources Control Board (Water Board) shall consider adopting emergency regulations that include all of the following:
a. A requirement that each urban water supplier, as defined in section 10617 of the Water Code, shall submit to the Department of Water Resources a preliminary annual water supply and demand assessment consistent with section 10632.1 of the Water Code no later than June 1, 2022, and submit a final annual water

supply and demand assessment to the Department of Water Resources no later than the deadline set by section 10632.1 of the Water Code;
b. A requirement that each urban water supplier that has submitted a water shortage contingency plan to the
Department of Water Resources implement, at a minimum, the shortage response actions adopted under section 10632 of the Water Code for a shortage level of up to twenty percent (Level 2), by a date to be set by the Water Board; and
c. A requirement that each urban water supplier that has not submitted a water shortage contingency plan to the
Department of Water Resources implement, at a minimum,
shortage response actions established by the Water Board, which shall take into consideration model actions that the Department of Water Resources shall develop for urban water supplier water shortage contingency planning for Level 2, by a date to be set by the Water Board.

To further conserve water and improve drought resiliency if the drought lasts beyond this year, I encourage urban water suppliers to conserve more than required by the emergency regulations described in this paragraph and to voluntarily activate more stringent local requirements based on a shortage level of up to thirty percent (Level 3).

4. To promote water conservation, the Department of Water Resources shall consult with leaders in the commercial, industrial, and institutional sectors to develop strategies for improving water conservation, including direct technical assistance, financial assistance, and other approaches. By May 25, 2022, the Water Board shall consider adopting emergency regulations defining "non-functional turf" (that is, a definition of turf that is ornamental and not otherwise used for human recreation purposes such as school fields, sports fields, and parks) and banning irrigation of non-functional turf in the commercial, industrial, and institutional sectors except as it may be required to ensure the health of trees and other perennial non-turf plantings.

5. In order to maximize the efficient use of water and to preserve water supplies critical to human health and safety and the environment, Public Resources Code, Division 13 (commencing with section 21000) and regulations adopted pursuant to that Division are hereby suspended, with respect to the directives in paragraphs 3 and 4 of this Order and any other projects and activities for the purpose of water conservation to the extent necessary to address the impacts of the drought, and any permits necessary to carry out such projects or activities. Entities that desire to conduct activities under this suspension, other than the directives in paragraphs 3 and 4 of this Order, shall first request that the Secretary of the Natural Resources Agency make a determination that the proposed activities are eligible to be conducted under this suspension. The Secretary shall use sound discretion in applying this Executive Order to ensure that the suspension serves the purpose of accelerating conservation projects that are necessary to address impacts of the drought, while at the same time

protecting public health and the environment. The entities implementing these directives or conducting activities under this suspension shall maintain on their websites a list of all activities or approvals for which these provisions are suspended.

6. To support voluntary approaches to improve fish habitat that would require change petitions under Water Code section 1707 and either Water Code sections 1425 through 1432 or Water Code sections 1725 through 1732, and where the primary purpose is to improve conditions for fish, the Water Board shall expeditiously consider petitions that add a fish and wildlife beneficial use or point of diversion and place of storage to improve conditions for anadromous fish. California Code of Regulations, title 23, section 1064, subdivisions ( a) ( 1) (A) (i)-(ii) are suspended with respect to any petition that is subject to this paragraph.

7. To facilitate the hauling of water for domestic use by local communities and domestic water users threatened with the loss of water supply or degraded water quality resulting from drought, any ordinance, regulation, prohibition, policy, or requirement of any kind adopted by a public agency that prohibits the hauling of water out of the water's basin of origin or a public agency's jurisdiction is hereby suspended. The suspension authorized pursuant to this paragraph shall be limited to the hauling of water by truck or bottle to be used for human consumption, cooking, or sanitation in communities or residences threatened with the loss of affordable safe drinking water.

Nothing in this paragraph limits any public health or safety requirement to ensure the safety of hauled water.

8. The Water Board shall expand inspections to determine whether illegal diversions or wasteful or unreasonable use of water are occurring and bring enforcement actions against illegal diverters and those engaging in the wasteful and unreasonable use of water. When access is not granted by a property owner, the Water Board may obtain an inspection warrant pursuant to the procedures set forth in Title 13 (commencing with section 1822.50) of Part 3 of the Code of Civil Procedure for the purposes of conducting an inspection pursuant to this directive.

9. To protect health, safety, and the environment during this drought emergency, a county, city, or other public agency shall not:
a. Approve a permit for a new groundwater well or for alteration of an existing well in a basin subject to the Sustainable
Groundwater Management Act and classified as medium- or high-priority without first obtaining written verification from a Groundwater Sustainability Agency managing the basin or area of the basin where the well is proposed to be located that groundwater extraction by the proposed well would not be inconsistent with any sustainable groundwater management program established in any applicable Groundwater
Sustainability Plan adopted by that Groundwater Sustainability

Agency and would not decrease the likelihood of achieving a sustainability goal for the basin covered by such a plan; or b. Issue a permit for a new groundwater well or for alteration of an existing well without first determining that extraction of groundwater from the proposed well is (1) not likely to interfere with the production and functioning of existing nearby wells, and (2) not likely to cause subsidence that would adversely impact or damage nearby infrastructure.

This paragraph shall not apply to permits for wells that will provide less than two acre-feet per year of groundwater for individual domestic users, or that will exclusively provide groundwater to public water supply systems as defined in section 116275 of the Health and Safety Code.

10. To address household or small community drinking water shortages dependent upon groundwater wells that have failed due to drought conditions, the Department of Water Resources shall work with other state agencies to investigate expedited regulatory pathways to modify, repair, or reconstruct failed household or small community or public supply wells, while recognizing the need to ensure the sustainability of such wells as provided for in paragraph 9.

11. State agencies shall collaborate with tribes and federal, regional, and local agencies on actions related to promoting groundwater recharge and increasing storage.

12. To help advance groundwater recharge projects, and to demonstrate the feasibility of projects that can use available high water flows to recharge local groundwater while minimizing flood risks, the Water Board and Regional Water Quality Control Boards shall prioritize water right permits, water quality certifications, waste discharge requirements, and conditional waivers of waste discharge requirements to accelerate approvals for projects that enhance the ability of a local or state agency to capture high precipitation events for local storage or recharge, consistent with water right priorities and protections for fish and wildlife. For the purposes of carrying out this paragraph, Division 13 (commencing with section 21000) of the Public Resources Code and regulations adopted pursuant to that Division, and Chapter 3 ( commencing with section 85225) of Part 3 of Division 35 of the Water Code and regulations adopted pursuant thereto are hereby suspended to the extent necessary to address the impacts of the drought. This suspension applies to (a) any actions taken by state agencies, (b) any actions taken by local agencies where the state agency with primary responsibility for the implementation of the directives concurs that local action is required, and (c) permits necessary to carry out actions under (a) or (b). The entities implementing these directives shall maintain on their websites a list of all activities or approvals for which these provisions are suspended.

13. With respect to recharge projects under either Flood-Managed Aquifer Recharge or the Department of Water Resources Sustainable

Groundwater Management Grant Program occurring on open and working lands to replenish and store water in groundwater basins that will help mitigate groundwater conditions impacted by drought, for any (a) actions taken by state agencies, (b) actions taken by a local agency where the Department of Water Resources concurs that local action is required, and (c) permits necessary to carry out actions under (a) or (b), Public Resources Code, Division 13 (commencing with section 21000) and regulations adopted pursuant to that Division are hereby suspended to the extent necessary to address the impacts of the drought. The entities implementing these directives shall maintain on their websites a list of all activities or approvals for which these provisions are suspended.

14. To increase resilience of.state water supplies during prolonged drought conditions, the Department of Water Resources shall prepare for the potential creation and implementation of a multi-year transfer program pilot project for the purpose of acquiring water from willing partners and storing and conveying water to areas of need.

15. By April 15, 2022, state agencies shall submit to the Department of Finance for my consideration proposals to mitigate the worsening effects of severe drought, including emergency assistance to communities and households and others facing water shortages as a result of the drought, facilitation of groundwater recharge and wastewater recycling, improvements in water use efficiency, protection of fish and wildlife, mitigation of drought-related economic or water-supply disruption, and other potential investments to support short- and long-term drought response.

IT IS FURTHER ORDERED that as soon as hereafter possible, this Order be filed in the Office of the Secretary of State and that widespread publicity and notice be given of this Order.

This Order is not intended to, and does not, create any rights or benefits, substantive or procedural, enforceable at law or in equity, against the State of California, its agencies, departments, entities, officers, employees, or any other person.

IN WITNESS WHEREOF I have hereunto set
my hand and caused the Great Seal of the
State of California to be affixed this 28th
day of March 2022.

I I
,:, .
l · I'
t (.1 I
l~~-~-- GAVIN NEWSOM
Governor of California
ATTEST:

SHIRLEY N. WEBER, PH.D.

Secretary of State

STATE WATER RESOURCES CONTROL BOARD
RESOLUTION NO. 2022-0018

TO ADOPT AN EMERGENCY REGULATION

TO REDUCE WATER DEMAND AND IMPROVE WATER CONSERVATION
WHEREAS:

1. On April 21, May 10, July 8, and October 19, 2021, Governor Newsom issued proclamations that a state of emergency exists statewide due to severe drought conditions and directed state agencies to take immediate action to preserve critical water supplies and mitigate the effects of drought and ensure the protection of health, safety, and the environment.

2. These proclamations urge Californians to reduce their water use.

3. On March 28, 2022, Governor Newsom signed an Executive Order directing the State Water Resources Control Board (State Water Board or Board) to consider adopting emergency regulations to increase water conservation. The Executive Order includes a request that the Board require urban water suppliers to implement Level 2 of their water shortage contingency plans, establish water shortage response actions for urban water suppliers that have not submitted water shortage contingency plans, taking into consideration model actions that the Department of Water Resources, and establish a ban on the irrigation of nonfunctional turf by entities in the commercial, industrial, and institutional sectors.

4. Many Californians and urban water suppliers have taken bold steps over the years to reduce water use; nevertheless, the severity of the current drought requires additional conservation actions from urban water suppliers, residents, and the commercial, industrial, and institutional sectors.

5. Water conservation is the easiest, most efficient, and most cost-effective way to quickly reduce water demand and extend limited water supplies through this summer and into the next year, providing flexibility for all California communities.

Water saved is water available next year, giving water suppliers added flexibility to manage their systems effectively over time. The more water that is conserved now, the less likely it is that a community will experience dire shortages that may require water rationing or other emergency actions.

6. Most Californians use more water outdoors than indoors. In many areas, 50 percent or more of daily water use is for irrigation of lawns and outdoor landscaping irrigation. Outdoor water use is generally discretionary, and many irrigated landscapes would not suffer greatly from receiving a decreased amount of water.

2 7. The use of potable water to irrigate turf on commercial, industrial, or institutional properties that is not regularly used for human recreational purposes or for civic or community events can be reduced in commercial, industrial, and institutional areas to protect local water resources and enhance water resiliency.

8. Public information and awareness are critical to achieving conservation goals, and the Save Our Water campaign (SaveOurWater.com), run jointly by the Department of Water Resources (DWR) and the Association of California Water Agencies, is an excellent resource for conservation information and messaging that is integral to effective drought response.

9. SaveWater.CA.Gov is an online tool designed to help save water in communities.

This website lets anyone easily report water waste from their phone, tablet, or computer by simply selecting the type of water waste they see, typing in the address where the waste is occurring, and clicking send. These reports are filed directly with the State Water Board and relevant local water supplier.

10.Enforcement against water waste is a key tool in conservation programs. When conservation becomes a social norm in a community, the need for enforcement is reduced or eliminated.

11.On March 28, 2022, the Governor suspended the environmental review required by the California Environmental Quality Act to allow State Water Board-adopted drought conservation emergency regulations and other actions to take place quickly to respond to emergency conditions.

12.Water Code section 1058.5 grants the State Water Board the authority to adopt emergency regulations in certain drought years in order to: “prevent the waste, unreasonable use, unreasonable method of use, or unreasonable method of diversion, of water, to promote water recycling or water conservation, to require curtailment of diversions when water is not available under the diverter’s priority of right, or in furtherance of any of the foregoing, to require reporting of diversion or use or the preparation of monitoring reports.”

13.On May 13, 2022, the State Water Board issued public notice that it will consider the adoption of the regulation at the Board’s regularly scheduled May 24, 2022 public meeting, in accordance with applicable State laws and regulations. The State Water Board also distributed for public review and comment a Finding of Emergency that complies with State laws and regulations.

14.The emergency regulation exempts suppliers from enforcing connection moratoria, if their Level 2 demand management actions call for them, because new residential connections are critical to addressing the state’s housing supply shortage. However, the Board recognizes connections for other projects may not be appropriate given the shortage conditions and urges water suppliers to carefully evaluate new development projects for their water use impacts.

3 15.Disadvantaged communities may require assistance responding to Level 2 conservation requirements, including irrigation restrictions, temporary changes to rate structures, and prohibited water uses. State shortage contingency plans aimed at increasing water conservation, and state and local agencies should look for opportunities to provide assistance in promoting water conservation. This assistance should include but not be limited to translation of regulation text and dissemination of water conservation announcements into languages spoken by at least 10 percent of the people who reside in a water supplier’s service area, such as in newspaper advertisements, bill inserts, website homepage, social media, and notices in public libraries.

16.The Board directs staff to consider the following in pursuing any enforcement of section 996, subdivision (e): before imposing monetary penalties, staff shall provide one or more warnings; monetary penalties must be based on an ability to pay determination, consider allowing a payment plan of at least 12 months, and shall not result in a tax lien; and Board enforcement shall not result in shutoff.

17.The Board encourages entities other than Board staff that consider any enforcement of this regulation to apply these same factors identified in resolved paragraph 16. Nothing in the regulation or in the enforcement provisions of the regulation precludes a local agency from exercising its authority to adopt more stringent conservation measures. Moreover, the Water Code does not impose a mandatory penalty for violations of the regulation adopted by this resolution, and local agencies retain their enforcement discretion in enforcing the regulation, to the extent authorized, and may develop their own progressive enforcement practices to encourage conservation.

THEREFORE BE IT RESOLVED THAT:

1. The State Water Board adopts California Code of Regulations, title 23, section 996, as appended to this resolution as an emergency regulation that applies to urban water suppliers, as defined by Water Code section 10617.

2. State Water Board staff shall submit the regulation to the Office of Administrative Law (OAL) for final approval.

3. If, during the approval process, State Water Board staff, the State Water Board, or OAL determines that minor corrections to the language of the regulation or supporting documentation are needed for clarity or consistency, the State Water Board Executive Director or designee may make such changes.

4 4. This regulation shall remain in effect for one year after filing with the Secretary of State unless the State Water Board determines that it is no longer necessary due to changed conditions or unless the State Water Board renews the regulation due to continued drought conditions, as described in Water Code section 1058.5.

5. The State Water Board directs State Water Board staff to work with the Department of Water Resources and the Save Our Water campaign to disseminate information regarding the emergency regulation.

6. The State Water Board directs staff to, by January 1, 2023, survey urban water suppliers on their experience protecting trees and tree cover during drought, with attention to disadvantaged communities. The survey shall inquire about challenges encountered, strategies used, costs, and successes in protecting trees.

7. Nothing in the regulation or in the enforcement provisions of the regulation precludes a local agency from exercising its authority to adopt more stringent conservation measures. Local agencies are encouraged to develop their own progressive enforcement practices to promote conservation.

CERTIFICATION
The undersigned Clerk to the Board does hereby certify that the foregoing is a full, true, and correct copy of a resolution duly and regularly adopted at a meeting of the State Water Resources Control Board held on May 24, 2022.

AYE: Chair E. Joaquin Esquivel
Vice Chair Dorene D’Adamo
Board Member Sean Maguire
Board Member Laurel Firestone
NAY: None
ABSENT: Board Member Nichole Morgan
ABSTAIN: None
Jeanine Townsend
Clerk to the Board

5 ADOPTED EMERGENCY REGULATION TEXT
Version: May 24, 2022
Title 23. Waters
Division 3. State Water Resources Control Board and Regional Water Quality Control Boards
Chapter 3.5. Urban Water Use Efficiency and Conservation Article 2. Prevention of Drought Wasteful Water Uses
§ 996. Urban Drought Response Actions
(a) As used in this section:
(1) “Commercial, industrial and institutional” refers to commercial water users, industrial water users, and institutional water users as respectively defined in Water Code, section 10608.12, subdivisions (e), (i), and (j), and includes homeowners’ associations, common interest developments, community service organizations, and other similar entities but does not include the residences of these entities’ members or separate interests.
(2) “Common interest development” has the same meaning as in section 4100 of the Civil Code.
(3) “Community service organization or similar entity” has the same meaning as in section 4110 of the Civil Code.
(4) “Homeowners’ association” means an “association” as defined in section 4080 of the Civil Code.
(5) “Non-functional turf” means turf that is solely ornamental and not regularly used for human recreational purposes or for civic or community events. Nonfunctional turf does not include sports fields and turf that is regularly used for human recreational purposes or for civic or community events. (6) “Plant factor” has the same meaning as in section 491. (7) “Separate interest” has the same meaning as in section 4185 of the Civil Code.
(8) “Turf” has the same meaning as in section 491.
(9) “Urban water supplier” has the same meaning as Water Code section 10617. (10) “Water shortage contingency plan” means the plan required by Water Code section 10632.
(b) Each urban water supplier shall submit to the Department of Water Resources a preliminary annual water supply and demand assessment consistent with section

6 10632.1 of the Water Code no later than June 1, 2022, and submit a final annual water supply and demand assessment to the Department of Water Resources no later than the deadline set by section 10632.1 of the Water Code. (c) (1) Each urban water supplier that has submitted a water shortage contingency plan to the Department of Water Resources shall implement by June 10, 2022, at a minimum, all demand reduction actions identified in the supplier’s water shortage contingency plan adopted under Water Code 10632 for a shortage level of ten (10) to twenty (20) percent (Level 2).
(2) Notwithstanding subdivision (c)(1), urban water suppliers shall not be required to implement new residential connection moratoria pursuant to this section. (3) Notwithstanding subdivision (c)(1), an urban water supplier may implement the actions identified in subdivision (d) in lieu of implementing the demand reduction actions identified in the supplier’s water shortage contingency plan adopted under Water Code section 10632 for a shortage level of ten (10) to twenty (20) percent (Level 2), provided the supplier meets all of the following:
(i) The supplier’s annual water supply and demand assessment submitted to the Department of Water Resources demonstrates an ability to maintain reliable supply until September 30, 2023.
(ii) The supplier does not rely on, for any part of its supply, the Colorado River, State Water Project, or Central Valley Project, and no more than ten (10) percent of its supply comes from critically overdrafted groundwater basins as designated by the Department of Water Resources.
(iii) The supplier's average number of gallons of water used per person per day by residential customers for the year 2020 is below 55 gallons, as reported to the Board in the Electronic Annual Report.
(d) Each urban water supplier that has not submitted a water shortage contingency plan to the Department of Water Resources shall, by June 10, 2022, and continuing until the supplier has implemented all demand reduction actions identified in the supplier’s water shortage contingency plan adopted under Water Code 10632 for a shortage level of ten (10) to twenty (20) percent (Level 2), implement at a minimum the following actions:
(1) Initiate a public information and outreach campaign for water conservation and promptly and effectively reach the supplier’s customers, using efforts such as email, paper mail, bill inserts, customer app notifications, news articles, websites, community events, radio and television, billboards, and social media. (2) Implement and enforce a rule or ordinance limiting landscape irrigation with potable water to no more than two (2) days per week and prohibiting landscape irrigation with potable water between the hours of 10:00 a.m. and 6:00 p.m. (3) Implement and enforce a rule or ordinance banning, at a minimum, the water uses prohibited by section 995. Adoption of a rule or ordinance is not required if the supplier has authority to enforce, as infractions, the prohibitions in section 995 and takes enforcement against violations.

7 (e) (1) To prevent the unreasonable use of water and to promote water conservation, the use of potable water is prohibited for the irrigation of non-functional turf at commercial, industrial, and institutional sites.
(2) Notwithstanding subdivision (e)(1), the use of water is not prohibited by this section to the extent necessary to ensure the health of trees and other perennial non-turf plantings or to the extent necessary to address an immediate health and safety need.
(3) Notwithstanding subdivision (e)(1), an urban water supplier may approve a request for continued irrigation of non-functional turf where the user certifies that the turf is a low water use plant with a plant factor of 0.3 or less, and demonstrates the actual use is less than 40% of reference evapotranspiration. (f) The taking of any action prohibited in subdivision (e) is an infraction punishable by a fine of up to five hundred dollars ($500) for each day in which the violation occurs. The fine for the infraction is in addition to, and does not supersede or limit, any other remedies, civil or criminal.
(g) A decision or order issued under this section by the Board, or an officer or employee of the Board, is subject to reconsideration under article 2 (commencing with section 1122) of chapter 4 of part 1 of division 2 of the Water Code.

Authority: Section 1058.5, Water Code.

References: Article X, Section 2, California Constitution; Sections 4080, 4100, 4110, and 4185, Civil Code; Section 8627.7, Government Code; Sections 102, 104, 105, 275, 350, 377, 491, 1122, 10608.12, 10617, 10632, and 10632.1, Water Code; Light v. State Water Resources Control Board (2014) 226 Cal.App.4th 1463; Stanford Vina Ranch Irrigation Co. v. State of California (2020) 50 Cal.App.5th 976.

CITY OF FOUNTAIN VALLEY

CITY COUNCIL

COUNCIL ACTION REQUEST
To: Honorable Mayor and Agenda Date: June 21, 2022
Members of the City Council
SUBJECT: Accept the Proposal and Award a Contract in the Amount Not to Exceed $96,027 to Bucknam Infrastructure Group, Inc. for Core GIS Program Management and Maintenance for FY 2022-23
EXECUTIVE SUMMARY:

The Geographic Information System (GIS) for the City provides valuable infrastructure information and is used by the entire City, including Public Works, Police, Fire, Code Enforcement, and other departments. It serves as a centralized source of critical City infrastructure information, such as geospatial data; record drawings; maps; reports; charts related to water lines, sewer lines, fiber optics, tract maps, fire hydrant locations; pavement conditions, and aerial maps; etc. The GIS system is owned and operated by the City and managed through partnerships between the City and its consultants to make the data accessible and reliable.

Every year the City budgets programs for the management and improvement of the GISbased on the needs of each department. The City’s GIS consultant, Bucknam Infrastructure Group, Inc. (Bucknam), makes improvements to the GIS-based on the direction of staff. To better address the ongoing management and maintenance of this valuable data management tool, Bucknam Infrastructure Group, Inc. serves as an extension of staff to provide the City with service, maintenance, and management of the GIS system.

Bucknam Infrastructure Group, Inc.’s proposal provides for the full scope of work at a cost not to exceed $96,027 for FY 2022-23. Bucknam’s services have multiple sources of funding as listed below.

Water Enterprise Fund (Fund 500 | GL# 500.50.50571.53003); Sewer Fund (Fund 501 | GL# 501.50.50580.53003); and
Gas Tax Fund (Fund 240 | GL# 240.50.95001.53003).

There are sufficient funds to fund the full cost of the proposed contract amount.

Staff recommends that the City Council accept the proposal and award a contract not to exceed $96,027 for FY 2022-23 to Bucknam Infrastructure Group, Inc. for core GIS program management and maintenance.

City Council Request
Core GIS Management and Maintenance
June 21, 2022

DISCUSSION:

In April 2004, the City of Fountain Valley Council awarded the contract to Bucknam as the most qualified consultant through a competitive Request for Proposal (RFP) process for developing the Pavement Management System (PMS) as required by Orange County Transportation Authority (OCTA). Bucknam has provided excellent service for reasonable fees through the years for updating the PMS. In 2009, Bucknam submitted a proposal to provide consulting services to update the City’s Infrastructure Management programs on a new platform based on the GIS and the Council awarded this contract on December 15, 2009. At that time, the City started its path towards building a robust GIS that integrated PMS, engineering plan archival/retrieval for all City-owned infrastructure along with easements and other pertinent records. GIS integrates hardware, software, and data for capturing, managing, analyzing, and displaying data and records graphically in a geo-coded referenced information database to allow users to search, in a visual format, important infrastructure information. GIS allows the City to view, understand, question, interpret and visualize data in many ways that reveal relationships, patterns, and trends in the form of maps, reports, charts, record drawings, etc.

Since the inception of GIS by Public Works, other departments quickly ramped up the utilization of GIS as they found GIS provided time and resource savings when conducting database and resource management. Today, Police, Fire, Planning, Code Enforcement, Finance, Building, Administration, and Utilities depend on it to quickly search for those infrastructure records that at one time took a great amount of time to acquire. As the system grows and continues to be utilized more extensively, the management needed to ensure the reliability of the data requires a greater level of attention and expertise than is available through existing City staffing resources.

To meet the City’s continuing GIS needs, Bucknam has submitted a proposal to continue providing core GIS management services, including consultant staff at City Hall for a portion of the week where they will serve as an extension to City staff when dealing with all things GIS. This staff augmentation facilitates the management, maintenance, and improvement of the City’s GIS system since the Engineering Division does not have sufficient staffing and expertise to provide the GIS system maintenance and management.

Bucknam is the architect of the City’s GIS System and over the years has helped the City build and expand the GIS system. The GIS infrastructure information is a matter of Homeland Security with the locations of our water, sewer, and fiber optic systems. It’s in the best interest of the City to limit who has access to the full GIS information of these sensitive infrastructures.

Therefore, Bucknam is best suited to provide the City with continued GIS services as needed. In addition, Bucknam has provided the City with fair and reasonable rates since 2013. Staff recommends waiving the bidding requirements under FVMC 2.36.070 of the

City Council Request
Core GIS Management and Maintenance
June 21, 2022

Fountain Valley Municipal Code authorizing the procurement of goods and services without a formal bid.

The contract with Bucknam provides annual core services to update/expand the GIS system management, and maintenance of the City’s GIS system at a cost not to exceed $96,027. Each year, Bucknam at the request of staff, may provide a proposal for special projects beyond the core services to be considered for approval by the City Council during the corresponding fiscal year. These special projects would be responsive to staff requests and may include pavement condition assessments of arterial streets as required to receive Measure M funding; special GIS layers for Fire, Police, and Planning; or other department needs. The Council would consider special projects before amending Bucknam’s contract.

FINANCIAL ANALYSIS
Bucknam’s proposed base annual fee is not to exceed $96,027 for core GIS management and maintenance. Annually, staff budgets adequate funds within the Water Enterprise Fund (Fund 500), Sewer Fund (Fund 501), and Gas Tax Fund (Fund 240) to cover the annual core services contract. The remaining balance of the budget may be utilized for special project costs, as well as maintenance and replacement of hardware and software for GIS as needs arise.

FY 22/23 Project Budget
Funding Source Budget Project
Cost
Remaining
Budget
Water Enterprise Fund (Fund 500) $ 50,000 $ 32,009 $17,991 Sewer Fund (Fund 501) $ 35,000 $ 32,009 $2,991
Gas Tax Fund (Fund 240) $ 40,000 $ 32,009 $7,991
FY 22/23 Project Budget $125,000 $96,027 $28,973
BIDDING:

Bucknam is the architect of the City’s GIS System and over the years has helped the City build upon the GIS system they helped create; therefore, Bucknam is best suited to provide the City with the GIS services needed. In addition, Bucknam provided annual updates to the City’s GIS system with fair and reasonable rates since 2013. Staff recommends waiving the bidding requirements under FVMC 2.36.070 of the Fountain Valley Municipal Code authorizing the procurement of goods and services without formal bids. Staff recommends that Council waive bidding because Bucknam has provided excellent service to the City and on-boarding a new consultant will require substantial time and effort which will cause hardship due to staffing shortage.

The GIS infrastructure information is a matter of Homeland Security with the locations of our water, sewer, and fiber optic systems. It’s in the best interest of the City to limit who has access to the full GIS information of these sensitive infrastructures.

City Council Request
Core GIS Management and Maintenance
June 21, 2022

Although Bucknam has provided excellent service with reasonable fees over the years, in the spirit of competitive bidding per the administrative policy and fiduciary responsibility for public funds, staff will solicit Requests for Proposals for this service in the fiscal year 2023-24.

ATTORNEY REVIEW:

The Attorney for the City has reviewed and approved the attached contract.

ALTERNATIVES:

Alternative No. 1: Waive bidding for the reasons identified in this report and accept the proposal and award a contract in the amount not to exceed $96,027 for FY 2022-23 to Bucknam Infrastructure Group, Inc. for core GIS program management and maintenance. This is the recommended action.

Alternative No. 2: Reject the proposal and do not award a contract for $96,027 for FY 2022-23 to Bucknam Infrastructure Group, Inc. for core GIS program management and maintenance. This is not recommended as the scope of work proposed is greatly needed to properly maintain, upgrade, and be responsive to City department requests and needs for the City’s GIS system. Bucknam is a highly qualified firm with particular knowledge and expertise in the City’s GIS system and its infrastructure.

RECOMMENDATION:

Staff recommends that the City Council approve Alternative No. 1, which is to accept the proposal and award a contract not to exceed $96,027 for FY 2022-23 to Bucknam - Infrastructure Group, Inc. for core GIS program management and maintenance.

Prepared by: Terri Phan, Administrative Assistant
Reviewed by: Temo Galvez, Deputy Public Works Director / City Engineer Approved by: Hye Jin Lee, Director of Public Works
Fiscal Review by: Ernestine Jones, Interim Finance Director/City Treasurer Approved by: Maggie Le, City Manager
Attachment: Contract

AGREEMENT FOR CONSULTANT SERVICES
CON – –
This AGREEMENT is made and effective as of the EFFECTIVE DATE, by and between the City of Fountain Valley, a municipal corporation ("CITY") and ("CONSULTANT"). In
consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

1. TERM
This AGREEMENT shall commence on (“EFFECTIVE DATE”)
and remain and continue in effect until all tasks described herein are completed but in no event later than , unless sooner terminated or extended pursuant to the provisions of this AGREEMENT.

2. SERVICES
CONSULTANT shall perform the tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. CONSULTANT shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A.

3. NOTICE TO PROCEED
CONSULTANT shall not perform any work or be entitled to any compensation under this AGREEMENT until a written Notice to Proceed is issued by CITY. The Notice to Proceed shall not issue unless and until CONSULTANT submits proof, satisfactory to CITY, of its procurement of appropriate insurance required by this AGREEMENT. The failure of CONSULTANT to submit proof of appropriate insurance within 10 days of the EFFECTIVE DATE is a material breach and shall constitute cause for immediate termination of this AGREEMENT by CITY.

4. PERFORMANCE
CONSULTANT shall at all times faithfully, competently, and to the best of his/her/its ability, experience, and talent perform all tasks described herein.

CONSULTANT shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of CONSULTANT hereunder in meeting its obligations under this AGREEMENT.

5. CITY MANAGEMENT
shall represent CITY in
all matters pertaining to the administration of this AGREEMENT, including review and approval of all products submitted by CONSULTANT, but not including the authority to enlarge the tasks to be performed or change the compensation due to CONSULTANT.

The City Manager shall be authorized to act on CITY’S behalf and to execute all necessary documents that enlarge the tasks to be performed or change

CONSULTANT's compensation, subject to Section 6 hereof.

6. PAYMENT
(a) CITY agrees to pay CONSULTANT in accordance with the payment rates, terms, and schedule of payment set forth in Exhibit A. This amount shall not exceed
Dollars ( ) (“TOTAL CONTRACT SUM”) for the total term of this AGREEMENT unless additional payment is approved as provided in this AGREEMENT.
(b) CONSULTANT shall not be compensated for any services rendered in connection with its performance of this AGREEMENT that are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. This written authorization requirement cannot be waived. CONSULTANT shall be compensated for any additional services in the amounts and in the manner as agreed to by the City Manager and CONSULTANT at the time CITY’s written authorization is given to CONSULTANT for the performance of said additional services. The City Manager’s authority to approve additional compensation is subject to Fountain Valley Municipal Code section 2.36.110. Approval of additional compensation that exceeds the City Manager’s authority as specified in Fountain Valley Municipal Code section

2.36.110 must be obtained from the City Council.

7. PUBLIC WORK
Notice is provided pursuant to Labor Code Section 1781 that all or a portion of the work contemplated in this AGREEMENT may constitute a “public work” as defined in Chapter 1, Part 7, and Division 2 of the Labor Code, to which Section 1771 applies. If all or a portion of the work contemplated under this AGREEMENT constitutes “public work,” then CONSULTANT shall pay prevailing wages, unless exempt, on those portions of the work which require payment of prevailing wages under the prevailing wage laws (Labor Code, §§ 1720 et seq.), and shall comply with the following:
(a) Prevailing Wage Rates. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages can be found at http://www.dir.ca.gov/OPRL/PWD/index.htm and are on file at City Hall, which shall be made available to any interested party upon request. CONSULTANT shall post a copy of the determination of the director of the prevailing rate of per diem wages at each job site. Said per diem wages are deemed to include employer payments for health and welfare, pension, vacation and travel time, and subsistence pay, all in accordance with Section 1773.1 of the Labor Code. (b) Payroll Records. The provisions of Section 1776 of the Labor Code regarding the preparation, maintenance, and filing of payroll records are applicable to this AGREEMENT. CONSULTANT and each subconsultant shall keep accurate payroll records showing the name, address, social security number, work classification, straight time, and overtime hours worked each day and week, and the

actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him/her/it in connection with the public work. Certified payroll records shall be on forms provided by the Division of Labor Standards Enforcement or contain the same information. CONSULTANT’S AND ANY SUBCONSULTANT’S PAYROLL RECORDS SHALL BE SUBMITTED TO CITY ON A WEEKLY BASIS. CONSULTANT SHALL BE RESPONSIBLE FOR SUBMITTAL OF SUBCONSULTANT’S PAYROLL RECORDS. Additionally, CONSULTANT or subconsultant has ten (10) days in which to comply subsequent to receipt of a written notice requesting the records enumerated in Section 1776, subdivision (a), of the Labor Code. In the event that CONSULTANT or subconsultant fails to comply within the ten (10) day period, he/she/it shall, as a penalty to CITY, forfeit One Hundred Dollars ($100.00) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. CITY may deduct this penalty from any monies due or that may become due CONSULTANT under this AGREEMENT. (c) Penalty. CONSULTANT and any subconsultant under CONSULTANT shall, as a penalty to CITY, forfeit not more than Two Hundred Dollars ($200.00) for each calendar day, or portion thereof, for each worker paid (either by CONSULTANT or any subconsultant under CONSULTANT) less than the prevailing rate set forth herein on the work provided for in this AGREEMENT. CITY may deduct the penalty from any monies due or that may become due CONSULTANT under this AGREEMENT. The difference between the prevailing wage rates and the amount paid to each worker for each calendar day, or portion thereof, for which each worker was paid less than the prevailing wage rate shall also be paid to each worker by CONSULTANT or subconsultant, in accordance with Section 1775 of the Labor Code of the State of California.
(d) Apprentices. If applicable, the provisions of Labor Code Section 1777.5 requiring the use of apprentices in certain ratios to journeymen are hereby imposed upon CONSULTANT.
(e) Legal Day’s Work. In the performance of this AGREEMENT, not more than eight (8) hours shall constitute a day’s work, and CONSULTANT shall not require more than eight (8) hours of labor in a day from any person employed by him hereunder except as provided in Labor Code Section 1815. CONSULTANT shall conform to Article 3, Chapter 1, Part 7 (Sections 1810 et seq.), of the Labor Code of the State of California, and it is agreed that CONSULTANT shall forfeit to CITY as a penalty the sum of Twenty-Five Dollars ($25.00) for each worker employed in the execution of this AGREEMENT by CONSULTANT or any subconsultant for each calendar day during which any worker is required or permitted to labor more than eight (8) hours in any one (1) calendar day and forty (40) hours in any one (1) week in violation of said article. CITY may deduct this penalty from any monies due or that may become due pursuant to this AGREEMENT.

8. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE (a) CITY may at any time, for any reason, with or without cause, suspend or terminate this AGREEMENT, or any portion hereof, by serving upon CONSULTANT, at least thirty (30) days prior, written notice. Upon receipt of

said notice, CONSULTANT shall immediately cease all work under this AGREEMENT, unless the notice provides otherwise. If CITY suspends or terminates a portion of this AGREEMENT such suspension or termination shall not make void or invalidate the remainder of this AGREEMENT. (b) In the event this AGREEMENT is terminated pursuant to this section, CITY shall pay to CONSULTANT the actual value of the work performed up to the time of termination, provided that the work performed is of value to CITY. Upon termination of the AGREEMENT pursuant to this section, CONSULTANT will submit an invoice to CITY detailing work performed up to the time of termination.

9. DEFAULT OF CONSULTANT
(a) CONSULTANT's failure to comply with the provisions of this AGREEMENT shall constitute a default. In the event that CONSULTANT is in default for cause under the terms of this AGREEMENT, CITY shall have no obligation or duty to continue compensating CONSULTANT for any work performed after the date of default and can terminate this AGREEMENT immediately by written notice to CONSULTANT. If such failure by the CONSULTANT to make progress in the performance of work hereunder arises out of causes beyond CONSULTANT's control, and without fault or negligence of CONSULTANT, it shall not be considered a default.
(b) As an alternative to the procedure for immediate termination for default set forth in subparagraph (a), if CITY determines that CONSULTANT is in default in the performance of any of the terms or conditions of this AGREEMENT, CITY may in its discretion cause to be served upon CONSULTANT a written notice of the default and demand to cure. CONSULTANT shall have ten (10) calendar days after service upon it of said notice to cure the default by rendering a satisfactory performance. In the event that CONSULTANT fails to cure its default within such period of time, CITY shall have the right, notwithstanding any other provision of this AGREEMENT, to terminate this AGREEMENT without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity, or under this AGREEMENT.

10. OWNERSHIP OF DOCUMENTS
(a) CONSULTANT shall maintain complete and accurate records with respect to the plans, specifications, estimates, drawings, design calculations, letters, reports, testing results, and other such information including as-built records as required by CITY that relate to the performance of services under this AGREEMENT. CONSULTANT shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. CONSULTANT shall provide free access to the representatives of CITY or its designees at reasonable times to such books and records; shall give CITY the right to examine and audit said books and records; shall permit CITY to make copies and transcripts therefrom as necessary; and shall allow inspection of all work, data, documents, proceedings,

and activities related to this AGREEMENT. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment.
(b) Upon completion, termination, or suspension of this AGREEMENT all plans, specifications, engineer’s estimates, and other documents prepared in the course of providing the services to be performed pursuant to this AGREEMENT shall become the sole property of CITY and may be used, reused, or otherwise disposed of by CITY without the permission of CONSULTANT. With respect to computer files, CONSULTANT shall make available to CITY, at CONSULTANT's office and upon reasonable written request by CITY, the necessary computer software and hardware for purposes of accessing, compiling, transferring, and printing computer files.

11. INDEMNIFICATION
(a) Indemnification for Professional Liability. When the law establishes a professional standard of care for CONSULTANT’s services, to the fullest extent permitted by law, CONSULTANT shall indemnify, protect, defend, and hold harmless CITY and any and all of its officials, employees, and agents (“INDEMNIFIED PARTIES”) from and against any and all losses, liabilities, damages, costs, and expenses, including attorney’s fees and costs to the extent the same are caused in whole or in part by any negligent or wrongful act, error, or omission of CONSULTANT, its officers, agents, employees, or subconsultants (or any entity or individual that CONSULTANT shall bear the legal liability thereof) in the performance of professional services under this AGREEMENT. With respect to the design of public improvements, CONSULTANT shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in this AGREEMENT without the written consent of CONSULTANT. With respect to the duty to defend, if CONSULTANT is a design professional as defined in Civil Code Section 2782.8, in no event shall the cost to defend charged to the CONSULTANT exceed the CONSULTANT’s proportionate percentage of fault. However, notwithstanding the previous sentence, in the event one or more defendants in a suit is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, the CONSULTANT shall meet and confer with other parties regarding unpaid defense costs.
(b) Indemnification for Other Than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, CONSULTANT shall indemnify, defend, and hold harmless CITY, and any and all of its employees, officials, and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses, or costs of any kind, whether actual, alleged, or threatened, including attorneys fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this AGREEMENT by CONSULTANT or by any individual or entity for which CONSULTANT is legally liable, including but not limited to officers, agents, employees, or subconsultants of CONSULTANT.
(c) General Indemnification Provisions. CONSULTANT agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every subconsultant or any other person or entity

involved by, for, with or on behalf of CONSULTANT in the performance of this AGREEMENT. In the event CONSULTANT fails to obtain such indemnity obligations from others as required here, CONSULTANT agrees to be fully responsible according to the terms of this section. Failure of CITY to monitor compliance with these requirements imposes no additional obligations on CITY and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend CITY as set forth here is binding on the successors, assigns, or heirs of CONSULTANT and shall survive the termination of this AGREEMENT or this section. Nothing in this indemnity shall be construed as authorizing any award of attorney’s fees in any action on or to enforce the terms of this Indemnity or AGREEMENT. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable.
(d) Indemnity Provisions for Contracts Related to Construction. This paragraph applies only when this AGREEMENT is related to construction. Without affecting the rights of CITY under any provision of this AGREEMENT, CONSULTANT shall not be required to indemnify and hold harmless CITY for liability attributable to the active negligence of CITY, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where CITY is shown to have been actively negligent and where CITY’s active negligence accounts for only a percentage of the liability involved, the obligation of CONSULTANT will be for that entire portion or percentage of liability not attributable to the active negligence of CITY.

12. INSURANCE
Prior to performing any work or receiving any compensation under this AGREEMENT, CONSULTANT shall obtain, and thereafter maintain for the duration of this AGREEMENT, insurance coverage as specified in Exhibit B, attached hereto and incorporated herein as though set forth in full.

13. WARRANTY FOR GOODS
(a) If this AGREEMENT includes the purchase of equipment, supplies, or chattel (hereafter “GOODS”), CONSULTANT shall provide the following warranty of said GOODS, or obtain a warranty from the manufacturer and/or retailer with provisions equal to or exceeding those specified in this Section. In the event the manufacturer’s warranty or retailer’s warranty do not equal or exceed the protections specified in this Section, CONSUTLANT agrees to provide said warranty protections.

The warranty described hereunder extends to the original purchaser of the GOODS warranted under the warranty, and to each transferee owner of the GOODS. The term of this warranty begins on the date the GOODS are delivered to CITY, and continues therefrom. CONSULTANT warrants that:
(1) The GOODS will function properly under normal use, will be of good workmanship, free from defect, of merchantable quality, and fit for CITY’s intended use;
(2) The GOODS will fully comply with any specifications provided by CITY and any samples or documentation provided by CONSULTANT; (3) The GOODS will be free of any security interests, liens, or encumbrances and CONSULTANT has title to the GOODS;

(4) The GOODS will not violate any intellectual property rights of any third party;
(5) The GOODS will be delivered free of the rightful claim of a third person by way of infringement; and
(6) The GOODS are merchantable in accordance with Commercial Code Section 2314.
(b) The warranty listed above is in addition to any other warranties made by CONSULTANT, the manufacturer, retailer, or imposed by law. All warranties will survive inspection and payment by CITY and are assignable to CITY’s successors and assigns. If any GOODS do not meet the warranty, CITY may, at CITY’s option, and without additional cost to CITY:
(1) Require CONSULTANT to repair or replace the GOODS until the GOODS meet the warranty. If CONSULTANT cannot replace the GOODS and repair either is not commercially practicable or cannot be made within three (3) days, CONSULTANT will refund the purchase price;
(2) Return any of the GOODS to CONSULTANT at CONSULTANT’s expense for a full refund;
(3) Correct the nonconformance and charge CONSULTANT for the costs to make the correction; or
(4) Engage a third party to provide substitute GOODS and charge CONSULTANT for the costs of obtaining the substitute GOODS from the third party.

14. INDEPENDENT CONTRACTOR
(a) CONSULTANT is and shall at all times remain as to the CITY a wholly independent contractor. The personnel performing the services under this AGREEMENT on behalf of CONSULTANT shall at all times be under CONSULTANT's exclusive direction and control. Neither CITY nor any of its officers, employees, or agents shall have control over the conduct of CONSULTANT or any of CONSULTANT's officers, employees, or agents, except as set forth in this AGREEMENT. CONSULTANT shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the CITY. CONSULTANT shall not incur or have the power to incur any debt, obligation, or liability whatsoever against CITY, or bind CITY in any manner. (b) No employee benefits shall be available to CONSULTANT in connection with the performance of this AGREEMENT. Except for the fees paid to CONSULTANT as provided in this AGREEMENT, CITY shall not pay salaries, wages, or other compensation to CONSULTANT for performing services hereunder for CITY. CITY shall not be liable for compensation or indemnification to CONSULTANT for injury or sickness arising out of performing services hereunder. In

addition to the indemnification provisions of Section 11, CONSULTANT shall indemnify, defend, and hold CITY harmless from claims or liability arising from CONSULTANT’s employees for CITY benefits including, but not limited to, pension, health benefits, holiday, vacations, etc.

15. LEGAL RESPONSIBILITIES
CONSULTANT shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this AGREEMENT. CONSULTANT shall at all times observe and comply with all such laws and regulations. CITY, and its officers and employees, shall not be liable at law or in equity occasioned by failure of CONSULTANT to comply with this Section.

16. POLITICAL REFORM ACT
If the Political Reform Act requires CONSULTANT to file a Form 700, then CONSULTANT must file a Form 700 with full disclosure within 30 days of assuming office and thereafter must file an annual statement for each calendar year of this AGREEMENT.

17. UNDUE INFLUENCE
CONSULTANT declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of CITY in connection with the award, terms, or implementation of this AGREEMENT, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of the CITY will receive compensation, directly or indirectly, from CONSULTANT, or from any officer, employee, or agent of CONSULTANT, in connection with the award of this AGREEMENT or any work to be conducted as a result of this AGREEMENT. Violation of this section shall be a material breach of this AGREEMENT entitling CITY to any and all remedies at law or in equity.

18. NO BENEFIT TO ARISE TO LOCAL EMPLOYEES
No member, officer, or employee of CITY, or their designees or agents, and no public official who exercises authority over or responsibilities with respect to the project during his/her tenure or for one year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for work to be performed in connection with this AGREEMENT.

19. RELEASE OF INFORMATION / CONFLICTS OF INTEREST
(a) All information gained by CONSULTANT in performance of this AGREEMENT shall be considered confidential and shall not be released by CONSULTANT without CITY’s prior written authorization. CONSULTANT, its officers, employees, agents, or subconsultants, shall not without written authorization from the City Manager or unless requested by the Attorney for the City, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories, or other information

concerning the work performed under this AGREEMENT or relating to any project or property located within the CITY. Response to a subpoena or court order shall not be considered "voluntary" provided CONSULTANT gives CITY notice of such court order or subpoena.
(b) CONSULTANT shall promptly notify CITY should CONSULTANT, its officers, employees, agents, or subconsultants be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, requests for admissions, or other discovery request, court order, or subpoena from any person or party regarding this AGREEMENT and the work performed thereunder or with respect to any project or property located within the CITY.

CITY retains the right, but has no obligation, to represent CONSULTANT and/or be present at any deposition, hearing, or similar proceeding. CONSULTANT agrees to cooperate fully with CITY and to provide the opportunity to review any response to discovery requests provided by CONSULTANT. However, CITY's right to review any such response does not imply or mean the right by CITY to control, direct, or rewrite said response.

20. SECURITY OF INFORMATION
CONSULTANT shall identify reasonably foreseeable internal and external risks to the privacy and security of personal information acquired during performance of this AGREEMENT that could result in the unauthorized disclosure, misuse, alteration, destruction, or other compromise of the information.

CONSULTANT shall regularly assess the sufficiency of any safeguards and information security awareness training in place to control reasonably foreseeable internal and external risks, and evaluate and adjust those safeguards in light of the assessment.

21. NOTICES
Any notices which either party may desire to give to the other party under this AGREEMENT must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, which provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by notice:

CITY CONSULTANT
City of Fountain Valley
10200 Slater Avenue
Fountain Valley, California 92708
Attention: City Clerk

22. ASSIGNMENT
CONSULTANT shall not assign the performance of this AGREEMENT, nor

any part thereof, nor any monies due hereunder, without the prior written consent of CITY.
[Check if Applicable] CONSULTANT shall provide CITY fourteen (14) days’ notice prior to the departure of any key personnel from CONSULTANT’s employ.

Should key personnel leave CONSULTANT’s employ, CITY shall have the option to immediately terminate this AGREEMENT, within three (3) days of the close of said notice period. Upon termination of this AGREEMENT, CONSULTANT’s sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and CONSULTANT.
[Check if Applicable] Because of the personal nature of the services to be rendered pursuant to this AGREEMENT, only (“PRINCIPAL”) shall perform the services described in this AGREEMENT. PRINCIPAL may use assistants, under his/her direct supervision, to perform some of the services under this AGREEMENT. CONSULTANT shall provide CITY fourteen (14) day's notice prior to the departure of PRINCIPLE from CONSULTANT's employ. Should he or she leave CONSULTANT's employ, CITY shall have the option to immediately terminate this AGREEMENT, within three (3) days of the close of said notice period.

Upon termination of this AGREEMENT, CONSULTANT's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between CITY and CONSULTANT.

23. LICENSES
At all times during the term of this AGREEMENT, CONSULTANT shall have in full force and effect, all licenses required of it by law for the performance of the services described in this AGREEMENT including, but not limited to, a Fountain Valley business license.

24. GOVERNING LAW
CITY and CONSULTANT understand and agree that the laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to this AGREEMENT and also govern the interpretation of this AGREEMENT. Any litigation concerning this AGREEMENT shall take place in Orange County Superior Court or Central District of California Federal District Court.

25. ENTIRE AGREEMENT
This AGREEMENT contains the entire understanding between the parties relating to the obligations of the parties described in this AGREEMENT. All prior or contemporaneous agreements, understandings, representations, and statements, oral or written, are merged into this AGREEMENT and shall be of no further force or effect. Each party is entering into this AGREEMENT based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material.

26. CONTENTS OF REQUEST FOR PROPOSAL AND PROPOSAL
CONSULTANT is bound by the contents of CITY’s Request for Proposals and the contents of the Proposal submitted by CONSULTANT. In the event of conflict, this AGREEMENT shall take precedence over CITY’s Request for Proposals and CONSULTANT’s Proposal; and CITY’s Request for Proposals shall take precedence over CONSULTANT’s Proposal. No limitation of CONSULTANT’s liability, waiver of rights of CITY, or release of rights or remedies held by CITY, contained in CONSULTANT’s Proposal shall be of any force or effect.

27. INTERPRETATION
In the event of conflict or inconsistency between this AGREEMENT and any other document, including any proposal or Exhibit hereto, this AGREEMENT shall control unless a contrary intent is clearly stated. This AGREEMENT shall be interpreted as though drafted by all parties hereto.

28. MODIFICATION
No modification to this AGREEMENT shall be effective unless it is in writing and signed by authorized representatives of the parties hereto. The written modification requirement cannot be waived.

29. ATTORNEY FEES
In any action or proceeding brought by either party against the other party arising out of or in any way connected to this AGREEMENT, or where any provision hereof is validly asserted as a defense, the parties shall bear their own attorney’s fees, costs, and expenses. Nothing in this provision shall excuse CONSULTANT’s duty to provide CITY with a defense at CONSULTANT’s cost when CITY receives a complaint, petition, or other pleading from a third party requiring CITY to defend itself.

30. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this AGREEMENT on behalf of CONSULTANT warrants and represents that he/she/they has the authority to execute this AGREEMENT on behalf of CONSULTANT and has the authority to bind CONSULTANT to the performance of his/her/its obligations hereunder ///
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IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executed the day and year first above written.

CITY OF FOUNTAIN VALLEY CONSULTANT
Signature
ATTEST: Typed Name
Title
City Clerk
Approved as to Form:

Corporate seal (or attach Notary
HARPER & BURNS LLP acknowledgment)
Attorneys for the City
Approved as to Content:
___________________________

Exhibit “A”
Scope of Services
And Payment Terms

March 14, 2022
Mr. Temo Galvez, P.E.

Deputy Director of Public Works/City Engineer

CITY OF FOUNTAIN VALLEY
10200 Slater Avenue
Fountain Valley, CA 92708
Subject: Proposal for FY 2022-2023 GIS Operation & Maintenance Services Dear Temo:

Bucknam Infrastructure Group, Inc. is again pleased to submit our Scope of Work for the management of the City’s Geographic Information System. Building upon the on-going success of the infrastructure GIS projects over the past 20+ years, we look forward to the continued implementation of our proven GIS methods. Our submittal addresses the numerous comments and discussion items derived from our meetings with the City.

Bucknam Infrastructure Group, Inc. (Bucknam) will serve as the “go-to” GIS staff for the City and will champion the on-going management of the following GIS functions:
• Core GIS Annual Updates (Public Works, Comm. Dev., IT, Recreation-Community Services, Environmental Services, Planning departments, etc.) • Optional GIS Projects (All Departments, as-needed projects) • GIS staff augmentation (on-site monthly and off-site) In our enclosed scope of work, we have included detailed descriptions of the major work elements described above. Bucknam Infrastructure Group will serve as the Prime GIS Consultant and will be responsible for providing quality Infrastructure and GIS services to the City. Our team will work closely with City staff in proactively managing this project to ensure seamless GIS support.

By selecting Bucknam, the City of Fountain Valley will continue to receive a strong, knowledgeable, innovative, and communicative team with the experience to provide costeffective citywide GIS services. We are committed to delivering quality services to the City.

Respectfully submitted,
Bucknam Infrastructure Group, Inc.

Peter J. Bucknam
President/Project Manager
Exhibit A - 1

GIS Program Management
City of Fountain Valley
2022-23 GIS Operation & Maintenance Services
1 Project Approach
With an established Fountain Valley Geographic Information System (FVGIS) implemented in 2005, the City has grown to utilize and rely upon the system daily through all levels of management. Recognizing that the system is critical for day-to-day operations within the City, the continued implementation of Bucknam’s GIS management plan to champion and ensure GIS projects are efficiently managed within each department is essential. This is vital to the long-term success of the FVGIS. With Bucknam Infrastructure Group, Inc. staff working onsite we will immediately be able to assess ongoing GIS projects (internal and with outside consultants), implement solutions to known short-term GIS needs and manage long-term GIS priorities.

Scope of Services
With the approval of the City project management team, Bucknam will initiate the GIS Management efforts to oversee the FVGIS. This will include the identification of “core” and “optional” projects for the FY 2022-23. Bucknam will work closely with key City staff to ensure the tasks are prioritized and all project scopes are understood.

Core GIS Services
Core/Routine services would be considered GIS projects that require regular updates and include:

FY 2022-2023 GIS Core Services
Public Works Utility Mapping Flood Zone
Water-Sewer-Storm Atlases Right-of-Way mapping
Easement Assessment and Identification Planning (Landuse/Zoning) LOMA Updates GeoServer/QGIS/ArcGIS Online
Fiber Optics Pavement Management
Sign Management Refined Easements
XY Maps Management Parcel Updates
Capital Improvement Program Addresses / Assessor Dwelling Units Currently, the City has over 50 data layers that reside within XY Maps and qualify for annual updates. GIS layer updates will be prioritized based upon project workloads, City needs, data availability and outside consultant project delivery schedules.

Exhibit A - 2

GIS Program Management
City of Fountain Valley
2022-23 GIS Operation & Maintenance Services
2 Pavement Management Program Biennial update (OCTA Compliance) Bucknam will perform annual AC/PCC inspections for 25% of residential streets (28 miles), work history data entry, internal PMP reporting, and PMP GIS data publication to XYMaps. Upon completion of the survey Bucknam will provide the final OCTA compliant PMP report to the City.

Included in the PMP Management Program is an account on Bucknam’s proprietary MyRoads™ application designed to conveniently view pavement condition and plan future maintenance work.

GeoServer & XY Maps Management
Bucknam will continue to coordinate with City staff to communicate the pros and cons of the current GIS Enterprise. With the continued monitoring and enhancement to the City’s GeoServer and QGIS software, our services will include the data management of all existing and forthcoming GIS data that resides on the FV GIS server and XY Maps server. Bucknam will act as a liaison with XY Maps to ensure data is current, accurate and accessible.

Additionally, the City’s annual ESRI ArcGIS Online license allows for the continued data management for FV Yard staff as well as allow for the development of PW GIS data access to relevant map data above and beyond XY Maps. ArcGIS Online allowsstaff to search, query, report and edit specific department data both in the field and in-house. FV Yard staff are currently using the ArcGIS Online application to enter work activities and monitor sign condition data. The annual licensing fees for ArcGIS Online are included in our proposed fee.

During the 2022-23 fiscal year Bucknam will include Eckersall, Inc.’s XY Maps technical support services and fees under our main contract. Bucknam will continue to monitor Eckersall, LLC’s technical support contract to ensure that XY Maps is available daily and ensure that City staff comments and questions are addressed immediately.

Operations & Maintenance
Bucknam will assess the project maintenance priorities relating to GIS and asset management and support maintenance staff with all GIS services. Our staff will provide the listed core services and maintain existing GIS layers, as well as develop new GIS datasets, through weekly staff augmentation support. This will include Bucknam staff being on-site at the FV City Hall/Yard eight (8) hours bi-weekly and 48 hours per month of support off-site at Bucknam’s offices (hours may vary weekly between on-site and off-site due to workload).

Bucknam will plan on being on-site every other Thursday (based on project/staff need); as project loads and priorities accumulate this schedule may vary. Our staff will inform Mr. Temo Galvez and key department staff when this schedule is adjusted.

Exhibit A - 3

GIS Program Management
City of Fountain Valley
2022-23 GIS Operation & Maintenance Services
3 Quality Control/Quality Assurance
Bucknam will provide the City’s Project Manager with monthly status reports describing what work efforts were started, progressed upon and/or completed during the previous month. This will allow the project manager to quickly assess and verify that the GIS scope of work is moving forward and is on schedule.

Optional GIS Services
Optional services would be considered GIS projects that may require a significant effort to complete. To prevent affecting the budget and delivery of Core services they are designated as an Optional project. Optional projects are typically driven through individual department requests and funded through that department as an amendment to our GIS Services contract or separately through a purchase order or unique professional services agreement.

Optional GIS services will be prioritized based upon project workloads, City needs, available data, allocated budget and outside consultant project delivery schedules. Fees to be determined.

Based upon discussions with staff from multiple departments as well as needs of other clients, Bucknam has identified potential FY 2022-23 Optional GIS projects below:

Potential Optional GIS Services
Parks Hardscape / Softscape Inventory Traffic Control Asset Inventory Sidewalks Digitization Park Hardscape Trip Hazard Assessment Sidewalk Condition Assessment Hazards (fire, faults, liquefaction, flood) Schools / Public Facilities Street Lights / Circuits
Districts (School, Tax, City Council) Centerline Ties
Weed Abatement Trash Collection mapping
Traffic Signals Vector Control / Vacant Land
Project Deliverables
With Core projects ready to be initiated immediately we have provided below a general outline approach and summary to what deliverables will be provided to the City within the next fiscal year.
2022-23 GIS Project Management Deliverables
• Assessment / Summary report of key GIS projects within each department o Draft prioritization plan for City project manager review and approval o Develop critical path project schedules for core and special projects o Quarterly review meetings with key department staff
Exhibit A - 4

GIS Program Management
City of Fountain Valley
2022-23 GIS Operation & Maintenance Services
4 o Debriefing summary report to City project manager
• Program management of XY Maps / Eckersall, Inc.
• Team coordination and assessment of GIS RFPs, potential consultants, and proposal review
• Draft budget revenue projections for FY 2023-24 projects (submitted to City project manager in March 2023)
• Annual GIS grant review and recommendations
2022-23 Core GIS Project Deliverables
• General Management of all current GIS datasets
• Annual Water, Sewer, Storm Drain updates and Atlas production • Assessment and data coordination of utility management/software (Nobel) • Capital Improvement Program GIS mapping
• Sign management GIS support for sign replacement and retro-reflectivity efforts • Traffic Signal GIS – Plan Links
• QGIS / GeoServer / ArcGIS Online software and license management • Refined Easement Mapping
• Assist in hosted XYMaps solution and hosted public facing XYMaps solution • Biennial Pavement Management Survey (25% of residential streets will be surveyed) 2022-23 Optional GIS Project Deliverables
• To be determined
Proposed Fee
The scope of services shown will be accomplished on a time and materials not-to-exceed basis in accordance with the standard hourly rate schedule attached. Our anticipated fee for the combined “Core” tasks, including labor and reimbursable expenses, is $96,027. Should the City desire to increase the service level above the fees outlined above or require other services not described herein, a fee adjustment would be negotiated and mutually agreed upon by both parties.

We have included our fee schedule below for the City consideration:

Annual Core GIS Services Proposed Fee (July 2022 to June 2023) = $7,171 per month • Includes 3 hours per month (GIS Project Manager/GIS Analyst) • Includes 42 hours per month (GIS Analyst)
• Includes 8 hours per month (GIS / Field Technicians)
• Includes monthly reimbursable (mileage, reprographics, materials) Annual Fixed Cost Support
• Includes Eckersall, Inc. XY Maps Annual Maintenance = $7,475 (In-house and Public Editions)
• Includes annual license fee for ArcGIS Online = $2,500 Exhibit A - 5

GIS Program Management
City of Fountain Valley
2022-23 GIS Operation & Maintenance Services
5 Project Team
PETER BUCKNAM, Project Manager, has managed numerous infrastructure/GIS management projects over the past 20 years in the Southern California region and will be the Project Manager for Fountain Valley’s GIS management project.

As the City moves into the “operation and management” phase for its GIS program, Mr. Bucknam brings his experience of working with individual cities for numerous years, where he has assisted cities from the onset (turnkey, data conversion) to high-end infrastructure management and GIS integration and County compliance. Mr. Bucknam he will oversee all project delegation and deliverables with City staff and outside consultants. He will assist the City in the review and potential implementation of various GIS software, management tools as well as deliver annual financial plans for the ongoing management and maintenance of the FVGIS.

Mr. Bucknam will coordinate Public Works department GIS meetings (quarterly) to ensure that all GIS projects are known, on schedule and delivered in the proper format.

AARON SUTTON, GIS Manager, will serve as the GIS Manager for this project and will be responsible for overall data coordination, assessment, conversion and delivery into the City’s FVGIS. He will also serve as the quality control manager for all GIS data collected and delivered to the City.

LINDA WILLIAMS, GIS Analyst, will serve as the Sr. GIS Analyst for this project and will be responsible for all data coordination, assessment, conversion and delivery into the City’s FVGIS.

Her responsibilities will include data population, surveying, daily quality control, and working with our management staff ensuring the GIS projects are complete and delivered proactively.

Linda will be on-site at the City once specific priority projects are scheduled; our technicians will be responsible for coordinating and communicating GIS work activities with City staff when onsite. Technicians will also work off-site at Bucknam offices when project workload and schedules require it. Our technicians are well-versed with ESRI ArcMap 10 and web-based GIS systems.

SHAUN RUSSO, Field Technician / GIS Technician, will be a supportive field technician and GIS technician for this project. His responsibilities will include surveying, data population, quality control, and working with our management staff ensuring the GIS projects are complete and delivered proactively. Shaun will be on-site at the City once specific priority projects are scheduled; our technicians will be responsible for coordinating and communicating GIS work activities with City staff when on-site. Technicians will also work off-site at Bucknam offices when project workload and schedules require it. Our technicians are well-versed with ESRI ArcMap 10 and web-based GIS systems.

Exhibit A - 6

GIS Program Management
City of Fountain Valley
2022-23 GIS Operation & Maintenance Services
6 Standard Hourly Rate Schedule
Category Rate
Principal $ 250
Senior Project Manager 215
Senior Engineer / Planner 195
Construction Manager 190
Pavement Management / GIS Project Manager 185

Management Analyst 160
Project Engineer / Planner 155
Engineer / Senior Technician / GIS Manager / Senior Inspector 145 Assistant Engineer / Technician / GIS Analyst / Inspector 140 CADD Operator 105
Administrative Assistant 100
Field / GIS Technician 92
Clerical / Word Processing 75
Forensic Services Quote
Reimbursables
Mileage $ 0.67/mile
Subconsultant Services Cost + 15%
Reproduction Cost + 15%
Travel & Subsistence Cost + 15%
Fees & Permits Cost + 15%
Computer Services (External) Cost + 15%
Exhibit A - 7

Exhibit “B”
InsuranceSpecifications

EXHIBIT “B”

INSURANCE SPECIFICATIONS
Without limiting CONSULTANT’s indemnification of CITY, and prior to performing any work under this AGREEMENT or receiving any compensation, CONSULANT shall obtain, provide and maintain at its own expense during the term of this AGREEMENT, policies of insurance of the type and amounts described below and in a form that is satisfactory to CITY.

General liability insurance. CONSULTANT shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than dollars per occurrence, dollars general aggregate, for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability.
[Check if Applicable] Automobile liability insurance. CONSULTANT shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of CONSULTANT arising out of or in connection with the work to be performed under this AGREEMENT, including coverage for any owned, hired, non-owned, or rented vehicles, in an amount not less than dollars combined single limit for each accident. [Check if Applicable] Workers’ compensation insurance. CONSULTANT shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least dollars). CONSULTANT shall submit to CITY, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of CITY, its officers, agents, employees, and volunteers. [Check if Applicable] Umbrella or excess liability insurance. CONSULTANT shall obtain and maintain an umbrella or excess liability insurance policy with limits of not less than dollars that will provide bodily injury, personal injury, and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability and employer’s liability. Such policy or policies shall include the following terms and conditions:
• A drop down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason;
• Pay on behalf of wording as opposed to reimbursement; • Concurrency of effective dates with primary policies; • Policies shall “follow form” to the underlying primary policies; and • Insureds under primary policies shall also be insureds under the umbrella or excess policies.
[Check if Applicable] Professional liability (errors & omissions) insurance.

CONSULTANT shall maintain professional liability insurance that covers the services to

be performed in connection with this AGREEMENT, in the minimum amount of dollars per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this AGREEMENT and CONSULTANT agrees to maintain continuous coverage through a period no less than three years after completion of the services required by this AGREEMENT.
[Check if Applicable] Pollution liability insurance. Environmental Impairment Liability Insurance shall be written on CONSULTANT’s Pollution Liability form or other form acceptable to CITY providing coverage for liability arising out of sudden, accidental, and gradual pollution and remediation. The policy limit shall be no less than dollars per claim and in the aggregate. All activities contemplated in this AGREEMENT shall be specifically scheduled on the policy as “covered operations.” The policy shall provide coverage for the hauling of waste from the project site to the final disposal location, including non-owned disposal sites. Products/completed operations coverage shall extend a minimum of three years after project completion. Coverage shall be included on behalf of the insured for covered claims arising out of the actions of independent contractors. If the insured is using subcontractors, the policy must include work performed “by or on behalf” of the insured. Policy shall contain no language that would invalidate or remove the insurer’s duty to defend or indemnify for claims or suits expressly excluded from coverage.

Policy shall specifically provide for a duty to defend on the part of the insurer. The CITY, its officials, officers, agents, and employees, shall be included as insureds under the policy.
[Check if Applicable] Explosion, collapse, underground insurance.

CONSULTANT shall furnish a copy of a public liability and property damage insurance policy with “XCU” or equivalent coverage in an amount not less than dollars per person and dollars per occurrence for personal injury. The limit of property damage liability shall be not less than dollars for each occurrence as payment for damages to property which may result from or be caused by such public display of fireworks and arising from any acts of the CONSULTANT, its agent, employees, or subcontractors presenting such public display. CITY, its officers, agents, and employees shall be additional insureds under the policy. CONSULTANT shall not cancel the insurance coverage without fifteen (15) days prior written notice to the State Fire Marshal.

Proof of insurance. CONSULTANT shall provide certificates of insurance to CITY as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsement must be approved by CITY prior to commencement of performance. Current certification of insurance shall be kept on file with CITY at all times during the term of this contract.

CITY reserves the right to require complete, certified copies of all required insurance policies, at any time.

Duration of coverage. CONSULTANT shall procure and maintain for the duration of the AGREEMENT insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of this

AGREEMENT by CONSULTANT, his/her/its agents, representatives, employees, or subconsultants. If this AGREEMENT involves construction, CONSULTANT must maintain general liability and umbrella or excess liability insurance for as long as there is a statutory exposure to completed operations claims. CITY and its officers, officials, employees, and agents shall continue as additional insureds under such policies.

CITY’s rights of enforcement. In the event any policy of insurance required under this AGREEMENT does not comply with these specifications or is canceled and not replaced, CITY has the right but not the duty to obtain the insurance it deems necessary and any premium paid by CITY will be promptly reimbursed by CONSULTANT or CITY will withhold amounts sufficient to pay premium from CONSULTANT’s payments. In the alternative, CITY may cancel this AGREEMENT.

Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by CITY. Notwithstanding the foregoing, XCU insurance shall have a rating of at least B-VI.

Waiver of subrogation. All insurance coverage maintained or procured pursuant to this AGREEMENT shall be endorsed to waive subrogation against CITY, its elected or appointed officers, agents, officials, employees, and volunteers or shall specifically allow CONSULTANT or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. CONSULTANT hereby waives its own right of recovery against CITY, and shall require similar written express waivers and insurance clauses from each of its subconsultants.

Enforcement of contract provisions (non estoppel). CONSULTANT acknowledges and agrees that any actual or alleged failure on the part of CITY to inform CONSULTANT of noncompliance with any requirement imposes no additional obligations on the CITY nor does it waive any rights hereunder.

Specifications not limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits, or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type.

Notice of cancellation. CONSULTANT agrees to oblige its insurance agent or broker and insurers to provide to CITY with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.

Additional insured status. General liability policies shall provide or be endorsed to provide that CITY and its officers, officials, employees, and agents shall be additional insureds under such policies. This provision shall also apply to any excess liability

policies. Coverage available to the additional insured shall be primary and noncontributory.

Agency’s right to revise specifications. CITY reserves the right at any time during the term of the AGREEMENT to change the amounts and types of insurance required by giving CONSULTANT ninety (90) days advance written notice of such change. If such change results in substantial additional cost to CONSULTANT, CITY and CONSULTANT may renegotiate CONSULTANT’s compensation.

Self-insured retentions. Any self-insured retentions must be declared to and approved by CITY. CITY reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by CITY.

Timely notice of claims. CONSULTANT shall give CITY prompt and timely notice of claims made or suits instituted that arise out of or result from CONSULTANT’s performance under this AGREEMENT, and that involve or may involve coverage under any of the required liability policies.

Additional insurance. CONSULTANT shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.

CITY OF FOUNTAIN VALLEY

CITY COUNCIL

COUNCIL ACTION REQUEST
To: Honorable Mayor and Agenda Date: June 21, 2022
Members of the City Council
SUBJECT: Public Hearing - Approval of the FY 2022-23 Community Development Block Grant (CDBG) Annual Action Plan
EXECUTIVE SUMMARY:

The U.S. Department of Housing and Urban Development Department (HUD) Community Development Block Grant (CDBG) Consolidated Plan process requires that entitlement communities, such as the City of Fountain Valley (City), prepare a document that describes the projects and activities proposed for each year of their five-year Consolidated Plan. This document is known as the Action Plan. The period covered by the attached Action Plan is July 1, 2022, through June 30, 2023 (FY 2022-23).

On May 13, 2022, HUD released the annual CDBG funding allocation for FY 2022-23. The City will receive an allocation of $319,886 to be used toward funding CDBG approved activities that benefit low- and moderate-income households in the community. The FY 2022-23 allocation is approximately $30,000 less than last year, which is a total reduction in funding of approximately eight and a half percent (8.5%).

In response to the COVID pandemic, the City received $616,554 in CARES Act funding (CDBG-CV) to support activities that prevent, prepare for and respond to COVID-19. There is approximately $60,000 remaining in the CDBG-CV allocation to fund COVID-19 related programs and services.

The CDBG Program Budget for FY 2022-23 will be comprised of the following sources of funds:

FY 2022-23 CDBG Allocation: $319,886
Estimated Program Income & Unobligated Carryover: $149,567 CDBG-CV (CARES Act) funds $ 30,547
TOTAL FUNDING PROPOSED: $500,000
In order to comply with HUD regulations governing the CDBG program, the City must conduct a public hearing to allow the public to submit comments on the Action Plan.

City Council Request
Public Hearing - Approval of the FY 2022-23 Community Development Block Grant Annual Action Plan
June 21, 2022

Staff recommends that the City Council conduct a public hearing for the FY 2022-23 Action Plan, approve the FY 2022-23 Action Plan, and authorize the City Manager to execute all documents necessary to submit the final FY 2022-23 Action Plan to HUD prior to the July 13, 2022 deadline.

DISCUSSION:

The FY 2022-23 Action Plan describes programs, projects and activities that are proposed to be accomplished during the program year. The activities reflect the objectives and priorities outlined in the City’s Five-Year (FY 2020-24) Consolidated Plan. The Action Plan incorporates the FY 2022-23 CDBG program budget that will be incorporated within the proposed City of Fountain Valley FY 2022-23 Budget.

The primary focus of the CDBG program is to provide public services to low and moderateincome residents, and to preserve and improve existing neighborhoods. CDBG funds are allocated to community development and neighborhood improvement activities that are designed to principally benefit low-income persons and households. HUD requires that 70% of all CDBG funding be utilized to assist low-income persons or households; however, the City of Fountain Valley strives for 100% of program funding to go towards programs that assist low-income persons and/or households.

CDBG regulations also dictate limits on certain expenditures such as administration (capped at 20% of allocation) and public services (capped at 15% of allocation) and the proposed FY 2022-23 CDBG budget complies with these regulations.

In establishing the FY 2022-23 CDBG program budget, Housing and Community Development (HCD) staff reviewed the Housing and Community Development Advisory Board’s (HCDAB) recommendations regarding Public Service Agency’s (PSA) funding, and additionally utilized the following guidelines:

1. Fund programs that address goals and objectives set forth in the City of Fountain Valley’s Five-Year Consolidated Plan.

2. Allocate funding first to programs such as Administration and Public Services that have maximum funding limits, and fund federally mandated programs such as the provision of Fair Housing Services.

Below is a brief description of the programs and budgets that are proposed for FY 2022-23 utilizing the $500,000 in available entitlement grant allocation, carryover funds, and CDBGCV funds. CBDG-CV funds may only be used to prevent, prepare for, and respond to the coronavirus.

City Council Request
Public Hearing - Approval of the FY 2022-23 Community Development Block Grant Annual Action Plan
June 21, 2022

 Administration – Budget $58,977
Funds pay for salaries and other costs related to administering the CDBG program including preparing the Action Plan, CAPER, IDIS management and other HUD required documents. Administration is capped at 20% of the total allocation and includes the cost of providing fair housing services.
 Fair Housing – Budget $5,000
HUD requires cities to provide fair housing services to low and moderate-income residents. Services include landlord/tenant dispute resolution and housing discrimination education. Funding is part of the 20% committed to Administration.  Public Service Agency Program – Total Budget $78,529
The public service agencies help provide the continuum of care that is a required goal of the CDBG program. Assistance for underserved populations are the main goals of this program. Funding for Public Service Agency Programs is capped at 15% of allocation ($47,982). The total budget includes a portion of the remaining CARES Act funding ($30,547) which may be used for Public Services above the 15% allocation cap.
 Code Enforcement Program – Budget $81,078
Code Enforcement provides inspection and abatement procedures for municipal code and building code violations on deteriorated properties within the HUD designated low/mod census tracts within the City.
 Neighborhood Revitalization Program – Budget $268,916 Provides grants, rebates and loans to low-income single family and mobile home homeowners for needed home repairs. Includes administration of the program as well as administration of the existing loan portfolio.
 Lead Based Paint Grant Program - Budget $7,500
Provides grants for HUD required lead based hazard testing for homeowners participating in the Neighborhood Revitalization program and abatement as necessary.

The Public Service Agency Grant Program is an important part of the services that assist low-income households in the city. Fair Housing Service providers also play an integral role in assisting low-income households, and the service is, in fact, mandated by HUD.

Six Public Service Agencies (PSA) and one Fair Housing Service Provider applied to receive funding to provide services to low and moderate-income households in the community for FY 2022-23. The applicants were invited to provide a presentation of their services at the December 1, 2022 HCDAB meeting. All applicants were in attendance, and the HCDAB

City Council Request
Public Hearing - Approval of the FY 2022-23 Community Development Block Grant Annual Action Plan
June 21, 2022

heard presentations from each applicant regarding the services they provide in the community. All of the applicants have been participants in the City’s Public Services Grant programs for several years.

A seventh PSA applied to continue the third year of Senior Social Services Program in Response to COVID that is based at the Senior Center. This program is solely funded with CDBG-CV funds designated for COVID response and does not fall under the 15% maximum cap for public service activities.

The HCDAB reviewed each agencies funding request prior to making recommendations at their December meeting. Their initial funding recommendations were made using the prior year’s allocation as an estimate, pending the announcement of the FY 2022-23 allocation. The HCDAB directed staff to adjust the final amount for each agency by the percentage difference, either higher or lower, once the allocation was announced. The Senior Social Services Program in Response to COVID is funded from the CDBG-CV allocation and is not affected by the annual CDBG allocation.

The following table shows the funding recommendation process from request to final funding.

Non-Profit Organization
 FY 22-23 Number anticipated assisting
Requested
Funding
Initial
recommendation
based on FY 21-
22 allocation
FINAL FY 22-23
recommendation
Boys and Girls Club of Huntington Valley
 50 Child Care Scholarships $10,000 $7,500 $6,900
Meals on Wheels OC Home Delivered (Formerly
CSS)
 30 Home Delivered Meals for Frail Elderly
$10,000 $5,355 $4,742
Meals on Wheels OC Congregate
(Formerly CSS)
 125 Congregate Meals at the Senior Center
$14,000 $10,000 $9,200
Elwyn California
 10 Developmentally Disabled Case Mgmt. $7,000 $6,500 $5,980 Interval House Crisis Shelter
 55 Shelter Domestic Violence Victims $15,000 $15,000 $13,800 Waymakers
 45 Juvenile Diversion Assistance $8,000 $8,000 $7,360

SUB-TOTAL (CDBG- 15% CAP) $68,000 $52,355 $47,982

City Council Request
Public Hearing - Approval of the FY 2022-23 Community Development Block Grant Annual Action Plan
June 21, 2022

Lighthouse Ministry- CDBG-CV
 50 Senior Social Services in response to
COVID funded by CDBG-CV
$30,547 $30,547 $30,547
TOTAL $98,500 $82,902 $78,529
The COVID-19 Related Mortgage Assistance Grant (MAG) that was approved by City Council in November 2021, remains available to assist low-income homeowners who are behind in their mortgage payments due to COVID-19.

On May 4, 2022, the HCDAB held a public meeting to review the draft FY 2022-23 Action Plan. The HCDAB unanimously approved the FY 2022-23 Action Plan, and forwarded a recommendation of approval to City Council.

FINANCIAL ANALYSIS
The City’s CDBG program is wholly funded by the allocation received from the HUD CDBG program allocation. By approving the budget as defined in the Action Plan, the City Council authorizes the use of funds provided under the CDBG program in the amount of $500,000.

ATTORNEY REVIEW:

City Attorney review was not required.

PUBLIC NOTIFICATION:

HUD regulations require that local jurisdictions conduct a public hearing and allow for a 30-day public comment period prior to the submission of the Action Plan to provide an opportunity for public review and comment.

On February 17, 2022, a public notice was published in the Fountain Valley View announcing that the FY 2022-23 Action Plan was available for public comment on the City website and available via email by request from March 1, 2022 until March 31, 2022. The notice advised of a public hearing before the Housing and Community Development Advisory Board on March 2, 2022, and a second public hearing before the City Council on May 3, 2022 to receive public comments. The public notice also advised the methods of submitting public comments.

At the May 3, 2022 City Council meeting the scheduled public hearing was continued until June 21, 2022 due to HUD’s delay in announcing the annual allocation. No public comments have been received. (TBD)

City Council Request
Public Hearing - Approval of the FY 2022-23 Community Development Block Grant Annual Action Plan
June 21, 2022

ALTERNATIVES:

Alternative No. 1: Conduct a public hearing for the FY 2022-23 Action Plan, approve the FY 2022-23 Action Plan, and authorize the City Manager to execute all documents necessary to submit the final FY 2022-23 Action Plan to HUD prior to the July 13, 2022 deadline.

Alternative No. 2: Conduct public hearing for the FY 2022-23 Action Plan, amend the FY 2022-23 Action Plan, and authorize the City Manager to execute all documents necessary to submit the final FY 2022-23 Action Plan to HUD prior to the July 13, 2022 deadline.

RECOMMENDATION:

Staff recommends the City Council approve Alternative No. 1- Conduct a public hearing for the FY 2022-23 Action Plan, approve the FY 2022-23 Action, and authorize the City Manager to execute all documents necessary to submit the final FY 2022-23 Action Plan to HUD prior to the July 13, 2022 deadline.

Prepared by: Ashlyn Newman, Housing Coordinator
Approved by: Omar Dadabhoy, Community Development Director Fiscal Review by: Ernestine Jones, Interim Finance Director/City Treasurer Approved by: Maggie Le, City Manager
Attachment 1: FY 2022-23 Community Development Block Grant Annual Action Plan

City of Fountain Valley
Fiscal Year 2022-2023
Annual Action Plan
Housing and Community Development Division
10200 Slater Avenue
Fountain Valley, CA 92708

FY 22-23 ACTION PLAN 2

CITY COUNCIL
Patrick Harper, Mayor
Kim Constantine, Mayor Pro Tempore Ted Bui, Council Member Glenn Grandis, Council Member Michael Vo, Council Member Maggie Le, City Manager

HOUSING AND COMMUNITY DEVELOPMENT ADVISORY BOARD
Ahmad Tahir, Chair
Mike White, Vice Chair Cindy Cao, Board Member
Ramon Pasos, Board Member Susan Saurastri, Board Member

PLANNING AND BUILDING DEPARTMENT

HOUSING & COMMUNITY DEVELOPMENT DIVISION
Omar Dadabhoy, Community Development Director
Ashlyn Newman, Housing Coordinator
Nikesha Hazel, Housing Technician

FY 22-23 ACTION PLAN 3
Table of Contents
Executive Summary................................................................................................ 4 AP-05 Executive Summary - 24 CFR 91.200(c), 91.220(b) ........................................................................ 4 R-05 Lead & Responsible Agencies – 91.200(b)......................................................................................11 AP-10 Consultation – 91.100, 91.200(b), 91.215(l).................................................................................12 AP-12 Participation – 91.105, 91.200(c) ................................................................................................. 21 Expected Resources...............................................................................................26 AP-15 Expected Resources – 91.220(c)(1,2) ...........................................................................................27 Annual Goals and Objectives .................................................................................30 Projects ...................................................................................................................................................35 AP-35 Projects – 91.220(d) .....................................................................................................................35 AP-38 Project Summary ..........................................................................................................................36 AP-50 Geographic Distribution – 91.220(f).............................................................................................44 Affordable Housing .............................................................................................. 46 AP-55 Affordable Housing – 91.220(g) ...................................................................................................46 AP-60 Public Housing – 91.220(h)...........................................................................................................48 AP-65 Homeless and Other Special Needs Activities – 91.220(i)............................................................49 AP-75 Barriers to affordable housing – 91.220(j) ...................................................................................52 AP-85 Other Actions – 91.220(k) ............................................................................................................54 Program Specific Requirements........................................................................... 57 Attachments…… 54
Citizen Participation Summary ………………………………………………………………………………………………………… 54 Map of CDBG Code Enforcement Eligible Low Income Areas…………………………………………………………… 57 Proof of Public Notice …………………………………………………………………………………………………………………….. 59