Fountain Valley City Council
July 19, 2022

AGENDA

CITY COUNCIL/ SUCCESSOR

AGENCY TO THE FOUNTAIN

VALLEY AGENCY

FOR COMMUNITY DEVELOPMENT/

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

Closed Session immediately following Study Session
Regular Meeting 6:00 p.m.

Tuesday, July 19, 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 th e Cit y Counci l or othe r 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
Time: Jul 19, 2022 05:00 PM Pacific Time (US and Canada) Join Zoom Meeting
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STUDY SESSION

CALL TO ORDER
PUBLIC COMMENTS (Study Session matters only)
Persons wishing to speak on a Study Session matter are requested to identify themselves by completing a blue speaker card indicating the item they want to address and to give the card to the City Clerk prior to the public comment period. The City Clerk will call upon those that wish to speak. • Strategic Planning Objectives – Presentation by Maggie Le – City Manager • Enhanced Development Project Noticing – Presentation by Omar Dadabhoy, Community Development Director and Colin Burns, Attorney for the City • Report on Creating a Finance Ad-Hoc Sub-Committee – Presentation by Rick Miller, City Clerk
• Approval Authority in the Crossings Specific Plan – Presentation by Omar Dadabhoy, Community Development Director

CLOSED SESSION
CALL TO ORDER Immediately Following Study Session
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.

1. CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code §54957.6.

Agency Designated Representatives: City Manager, Maggie Le; Human Resources Director, Carrie Hanes; Colin Burns, Attorney for the City.

Employee Organizations: Fountain Valley Municipal Employees Association (Field Services), Fountain Valley General Employees Association (FVGEA), Professional and Technical Employees (P&T), Individually Represented Professional and Technical Employees (IRP&T), and Administrative Officers.

2. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Section 54956.9: 1 potential case: In re Retired Employee Jose Maldonado- Worker Comp Claim # 16- 128728

3. CONFERENCE WITH LEGAL COUNSEL--EXISTING LITIGATION
Paragraph (1) of subdivision (d) of Section 54956.9
Name of case: Kaufmann v. City of Fountain Valley

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

5. CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Section 54956.9 :  (1 potential case)

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

INVOCATION
SALUTE TO THE FLAG Mayor Patrick Harper

CITY COUNCIL/SUCCESSOR AGENCY/HOUSING AUTHORITY/ ROLL CALL Council Members: Bui, Grandis, Vo, Mayor Pro Tem/Vice Chair Constantine, Mayor/Chair Harper

ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS

CITY MANAGER/MAYOR UPDATE

PRESENTATIONS
• Parks Make Life Better Proclamation
• Recap of Summerfest: Comparison of attendees, revenues, sales tax revenue from O Entertainment (2019, 2021, 2022) – Presentation by Rob Frizzelle, Community Services Director
• Certificate of Kindness presented to: Water Quality Technician, Kevin Deason

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 6 – 15 will be approved simultaneously with one motion, unless separate action/or discussion is requested.

6. Waive the reading in full of all ordinances under consideration and direct the Mayor to read by titles only.

7. Request to Destroy Police Department Records Page 7
Recommended Action: Staff Recommends that the City Council Approve Alternative #1:

Authorize the Chief of Police to destroy the Police Department Records contained in the records destruction requests.

8. Receive and File the Draft Minutes of the June 21, 2022 Regular City Council Meeting Page 13 9. Purchase and configuration of Palo Alto Network next-generation Firewalls and advanced detection and filtering subscriptions Page 23
Recommended Action: Determine that the public interest requires that bidding be dispensed with for the reasons stated in this Staff report and approve the purchase and authorize the City Manager to execute an agreement with C1P Solutions, a local installer for Palo Alto, to purchase the firewall and subscriptions and configure the Palo Alto Network Next-Generation Firewalls.

10. Waive Bidding Requirements Pursuant to FVMC 2.36.070 Par 5 & Authorize Staff to Issue Purchase Order to LB BMW Motorcycles for $136,016.38 for Purchase of 4 New 2023 BMW Police Motorcycles. Authorize Staff to Dispose of Existing Police Motorcycles Page 30 Recommended Action: Staff recommends that City Council approve Alternative No. 1, which is to 1) waive the bidding requirements pursuant to FVMC 2.36.070 Par 5 and authorize staff to issue a purchase order to Long Beach BMW Motorcycles in the amount of $136,016.38 for the purchase of four (4) new/unused 2023 BMW Police Motorcycles, and 2) authorize staff to dispose of the existing police motorcycles by means that best meet the City’s needs.

11. APPROVE A THREE-YEAR AGREEMENT WITH ALL CITY MANAGEMENT SERVICES TO

PERFORM CROSSING GUARD SERVICES BEGINNING WITH SCHOOL YEAR 2022/2023, WITH THE OPTION TO EXTEND THE CONTRACT FOR TWO ADDITIONAL TWO-YEAR TERMS Page 60
Recommended Action: Staff recommends approval of a three-year agreement with All City Management Services to perform crossing guard services beginning with school year 2022/2023, with the option to extend the contract for two additional two-year terms

12. Accept bids & award contract to Wright Construction Engineering Corporation for $84,800.

Accept fee proposal from GMU Geotechnical, Inc. for $6,454 to provide professional material testing services & direct staff to issue a Purchase Order for amount Page 113 Recommended Action: Staff is recommending that the City Council 1) Accept the bids and award a construction contract to Wright Construction Engineering Corporation for $84,800 and 2) Accept a fee proposal from GMU Geotechnical, Inc. for $6,454 to provide professional material testing services and direct staff to issue a Purchase Order for the amount.

13. Review Need for Continuing Local Emergency Due to the Omni Metals HazMat Fire Page 145
Recommended Action: Staff recommends that the City Council approve Alternative No. 1:

Approve the continued need for the Proclamation of Local Emergency due to the Omni Metals HazMat Fire. This is the recommended action because remediation continues and the declaration of local emergency provides the City with additional liability protection, the ability to take extraordinary action of the need arises, and may provide additional advantages in seeking cost recovery.

14. Adopt a Resolution to effect certain changes to the City’s Master Salary Schedule in conformance with Title 2 of the California Code of Regulations section 570.5 and the California Public Employees’ Retirement System Page 149 Recommended Action: Adopt a Resolution to effect certain changes to the City’s Master Salary Schedule for all represented and unrepresented employee classifications of the City of Fountain Valley, covered by the City’s Classification and Compensation Plan, to conform with Title 2 of the California Code of Regulations Section 570.5, listing all employee pay rates on a publicly available master salary schedule approved and adopted by City Council and superseding all provisions contained in Resolution No. 9827, and all subsequent salary schedule resolutions, which pertain to the Classification and Compensation of city employees.

15. 1) Accept the Senate Bill (SB) 1383 Grant Award from CalRecycle, 2) Amendment of the Fiscal Year 2022-23 Trash Fund for $78,475, 3) Waive bidding, and
4) Award a consultant service award to Mike Balliet Consulting to assist with SB 1383 Compliance Page 160
Recommended Action: Staff recommends that City Council approve Alternative 1, which is to accept the Senate Bill (SB) 1383 Grant Award from CalRecycle and amend the Fiscal Year 2022-23 Trash Fund for $78,475, waive competitive bidding for the reasons stated in the staff report, and award a consultant service contract to Mike Balliet Consulting to assist with SB 1383 compliance.

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

16. Conduct a Public Hearing Regarding the 2022 Report on the City’s Water Quality Relative to Public Health Goals, and Receive and File the Report - Presentation by Mark Sprague, Field Services Manager Page 184
Recommended Action: It is recommended that the City Council approve Alternative No. 1, which is to conduct a Public Hearing regarding the 2022 Report on the City’s Water Quality Relative to Public Health Goals, and receive and file the report.

17. Introduction and First Read of an Ordinance Adding Sections 8.55.030, 8.55.040, and

8.55.045 to Chapter 8.55 Camping in Public Areas of the Fountain Valley Municipal Code – Presentation by Colin Burns, Attorney for the City Page 210 Recommended Action: Staff recommends Alternative No.1: Approve the Introduction-First Read of an ordinance adding Sections 8.55.030, 8.55.040 and 8.55.045 to Chapter 8.55 Camping in Public Areas of the Fountain Valley Municipal Code

ADMINISTRATIVE ITEMS

18. Approve an Employment Contract for the Interim Finance Director Sherry Johnson, as a Retired Annuitant – Presentation by Carrie Hanes, Human Resources Director Page 215 Recommended Action: Approve the employment contract for the Interim Finance Director, Sherry Johnson, as a Retired Annuitant

19. General Plan Advisory Committee (GPAC) Appointment – Presentation by Omar Dadabhoy, Community Development Director Page 221
Recommended Action: Staff recommends the City Council select one (1) of the residents to serve as the new representative for Quadrant 2 of 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 Meeting of the Fountain Valley City Council will be an Adjourned Regular Meeting on August 23, 2022 at 6:00 p.m., in the Fountain Valley Council Chambers, 10200 Slater Avenue, Fountain Valley.

MINUTES OF THE

CITY COUNCIL/ SUCCESSOR AGENCY TO THE FOUNTAIN

VALLEY AGENCY

FOR COMMUNITY DEVELOPMENT/ FOUNTAIN VALLEY

HOUSING AUTHORITY
Closed Session 4:30 p.m.

Regular Meeting 6:00 p.m.

Tuesday, June 21, 2022
Council Chambers

CLOSED SESSION
CALL TO ORDER 4:30 p.m.

PUBLIC COMMENTS (Closed Session matters only)
None
CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to paragraph (3) of subdivision (d) of Section 54956.9: (2 potential cases)
No Reportable Action

THREAT TO PUBLIC SERVICES OR FACILITIES
Consultation with: Interim IT Manager
No Reportable Action

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
No Reportable Action

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
No Reportable Action

PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Title: City Manager
No Reportable Action

OPEN SESSION
CALL TO ORDER 6:05 p.m.

INVOCATION Council Member Michael Vo
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 All members were present

ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS
Item 14 had several updated documents that were provided to the City Council and the public.

PRESENTATIONS
 Certificate of Kindness presented to: Police Services Officer Andrew Quang Mayor Harper presented Police Services Officer Andrew Quang with a Certificate of Kindness recognition.
 Proclamation Recognizing the Month of June as Pride Month in the City of Fountain Valley Mayor Harper read the proclamation and recognized June as Pride month in the City of Fountain Valley

CITY MANAGER/MAYOR UPDATE
City Manager Maggie Le congratulated staff on a great Summerfest event.

Mayor Harper thanked staff for a great Summerfest event and wished all the fathers out there a Happy Fathers Day.

FIRST CITY COUNCIL/ SUCCESSOR AGENCY/ HOUSING AUTHORITY/ PUBLIC COMMENTS (Unscheduled Matters Only)
Katy Wright

CONSENT CALENDAR

1. Receive and File the Draft Minutes of the April 12, 2022 Special City Council Meeting ACTION: Move to Receive and File the Draft Minutes of the April 12, 2022 Special City Council Meeting
MOTION: Vo SECOND: Constantine
AYES: Bui, Grandis, Vo, Constantine, Harper
NOES: None
ABSENT: None
ABSTAIN: None

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

3. Receive and File the Draft Minutes of the May 17, 2022 Regular City Council Meeting ACTION: Move to Receive and File the Draft Minutes of the May 17, 2022 Regular City Council Meeting
MOTION: Vo SECOND: Constantine
AYES: Bui, Grandis, Vo, Constantine, Harper
NOES: None
ABSENT: None
ABSTAIN: None

4. Receive and File the Draft Minutes of the May 25, 2022 Special City Council Meeting ACTION: Move to Receive and File the Draft Minutes of the May 25, 2022 Special City Council Meeting
MOTION: Vo SECOND: Constantine
AYES: Bui, Grandis, Vo, Constantine, Harper
NOES: None

ABSENT: None
ABSTAIN: None

5. Receive and File the Draft Minutes of the June 7, 2022 Regular City Council Meeting ACTION: Move to Receive and File the Draft Minutes of the June 7, 2022 Regular City Council Meeting
MOTION: Vo SECOND: Constantine
AYES: Bui, Grandis, Vo, Constantine, Harper
NOES: None
ABSENT: None
ABSTAIN: None

6. Approval and Award of Copiers Lease and Maintenance Contract ACTION: Move to Approve and Award of Copiers Lease and Maintenance Contract MOTION: Vo SECOND: Constantine
AYES: Bui, Grandis, Vo, Constantine, Harper
NOES: None
ABSENT: None
ABSTAIN: None

7. Second Reading and Adoption of an Ordinance approving Code Amendment No. 22-01 ACTION: Move to Approve the Second Reading and Adoption of an Ordinance approving Code Amendment No. 22-01
MOTION: Vo SECOND: Constantine
AYES: Bui, Grandis, Vo, Constantine, Harper
NOES: None
ABSENT: None
ABSTAIN: None

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.

ACTION: Move to Approve and 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.

MOTION: Vo SECOND: Constantine

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

9. Second Reading and Adoption of an Ordinance Establishing a Military Equipment Use Policy ACTION: Move to Approve the Second Reading and Adoption of an Ordinance Establishing a Military Equipment Use Policy
MOTION: Vo SECOND: Constantine
AYES: Bui, Grandis, Vo, Constantine, Harper
NOES: None
ABSENT: None
ABSTAIN: None

10. Resolutions Relating to the Calling of the November 8, 2022, General Municipal Election ACTION: Move to Approve the Resolutions Relating to the Calling of the November 8, 2022, General Municipal Election
MOTION: Vo SECOND: Constantine
AYES: Bui, Grandis, Vo, Constantine, Harper
NOES: None
ABSENT: None
ABSTAIN: None

11. Item 11 Pulled by Mayor Harper
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 Non-Functional Turf at Commercial, Industrial and Institutional Sites
ACTION: Move to Approve 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 Non-Functional Turf at Commercial, Industrial and Institutional Sites
MOTION: Harper SECOND: Vo
AYES: Bui, Grandis, Vo, Constantine, Harper
NOES: None
ABSENT: None

ABSTAIN: None
12 Accept the Proposal and Award a Contract in the Amount Not to Exceed $96,027 to Bucknamm Infrastructure Group, Inc. for Core GIS Program Management and Maintenance for FY 22/23 ACTION: Move to Approve and 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
MOTION: Vo SECOND: Constantine
AYES: Bui, Grandis, Vo, Constantine, Harper
NOES: None
ABSENT: None
ABSTAIN: None

PUBLIC HEARINGS

13. Public Hearing - Approval of the FY 2022-23 Community Development Block Grant (CDBG) Annual Action Plan
Public Hearing Opened: 6:31 p.m.

There were no public comments
Public Hearing Closed at 6:31 p.m.

ACTION: Move to Approve FY 2022-23 Community Development Block Grant (CDBG) Annual Action Plan
MOTION: Vo SECOND: Grandis
AYES: Bui, Grandis, Vo, Constantine, Harper
NOES: None
ABSENT: None
ABSTAIN: None

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
ACTION: Move to Approve 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 and create an Ad-Hoc Finance Subcommittee
MOTION: Grandis SECOND: Vo
AYES: Bui, Grandis, Vo, Constantine, Harper
NOES: None
ABSENT: None
ABSTAIN: None

15. Approve a Memorandum of Understanding with the Cities of Garden Grove and Westminster to Advance a Homeless Navigation Center
ACTION: Move to Approve a Memorandum of Understanding with the Cities of Garden Grove and Westminster to Advance a Homeless Navigation Center MOTION: Bui SECOND: Constantine
AYES: Bui, Grandis, Vo, Constantine, Harper
NOES: None
ABSENT: None
ABSTAIN: None

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) ACTION: Move to Approve 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)
MOTION: Vo SECOND: Grandis
AYES: Bui, Grandis, Vo, Harper
NOES: Constantine
ABSENT: None
ABSTAIN: None

17. General Plan Advisory Committee (GPAC) Appointment
ACTION: Move to Approve 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)
MOTION: Vo SECOND: Grandis
AYES: Bui, Grandis, Vo, Harper
NOES: Constantine
ABSENT: None
ABSTAIN: None

COUNCIL MEMBER ITEMS FOR FUTURE CONSIDERATION
Mayor Pro Tem Constantine requested that council member’s requests for items for future consideration be placed on the website and updated two times per month. There was no second.

The second request was that Planning Commissioners requests for items for future consideration be placed on the website and updated two times per month. There was no second.

Council Member Bui requested that if an item has been brought up for future consideration and receives no second, then the request could not be brought again until 6 months had passed. There was no second.

CITY COUNCIL/ SUCCESSOR AGENCY/ HOUSING AUTHORITY/ PUBLIC COMMENTS (Unscheduled Matters Only)
Katy Wright
CITY COUNCIL/SUCCESSOR AGENCY/HOUSING AUTHORITY AB 1234/GENERAL COMMENTS Council Member Bui
June 9 Attended the Strategic Planning meeting and the grand opening of Ini Restaurant June 17 Attended the Chamber of Commerce Update

June 16-19 Attended Summerfest
Council Member Vo
Attended the PCTA Meeting
June 9 Attended the Strategic Planning meeting
June 16-19 Attended Summerfest
Council Member Grandis
Attended the PCTA meeting
June 9 Attended the Strategic Planning meeting and the Ini restaurant grand opening June 12 Attended the Fountain valley High School Senior Honors Ceremony June 13 Attended the Measure HH Meeting
June 15 Attended the Fountain Valley High School Grad Night June 16-19 Attended the Summerfest event
Mayor Pro Tem Constantine
June 8 Attended the Planning Commission Meeting at City Hall.

June 9 Attended the bi-annual Strategic Planning Meeting at the Recreation Center; then attended the Ini Ristorante Grand Opening.

June 10 Volunteered with check-in at the Dance for Persons with Disabilities Dance at the Senior Center. It was prom theme and organized by the FV Committee for Persons with Disabilities.

June 14 Viewed the OC Board of Supervisors Meeting on the County’s website.

June 15 Attended the OC Vector Control Special Event at the Discover Cube, then volunteered as parking attendant at the FV High School Summerfest Grad Night.

June 16 Participated in the OC Mosquito and Vector Control Meeting on Zoom, then attended the first night of Summerfest.

June 17 Attended the FV Connect Breakfast at Sonesta Select.

June 19 Attended Summerfest.

June 20 Attended the Measure HH Advisory Oversight Committee Meeting.

Mayor Harper
June 8 Attended the Orange County Sanitation Admin Committee Meeting June 9 Attended the Strategic Planning meeting
June 12 Attended the Fountain valley High School Senior Honors Ceremony June 13 Attended the OCTA Board Meeting
June15 Attended the Grad Night at Summerfest
June 16-19 Attended Summerfest

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

AUTHORITY

Mayor Harper adjourned the meeting at 8:13 pm to the next Meeting of the Fountain Valley City Council on July 19, 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: 7/19/2022
Members of the City Council
SUBJECT: Purchase and configuration of Palo Alto Network next-generation Firewalls and advanced detection and filtering subscriptions
EXECUTIVE SUMMARY:

Staff is requesting the City Council authorize the purchase of new firewalls to keep the City secure from cyber threats.

DISCUSSION:

A firewall is a network security device that monitors incoming and outgoing network traffic and determines whether to allow or block specific traffic based on a defined set of security rules. It is the security barrier between the cyber threats on the internet and the City’s internal data network.

The next generation of firewalls on the market today provide robust security features and machine learning and are easier to administer and configure. Replacing our current Palo Alto Firewalls and deploying the latest firewall technology with an advanced threat prevention subscription will decrease the risk of exposure for the City.

The City worked directly with Palo Alto to get the best pricing and recommended C1P as a local Value-Added reseller for the hardware and implementation. Information Technology selected C1P Solutions, a local company in Long Beach, to replace our current Palo Alto and install the new next-generation firewall for Police Department and City Hall. Gartner’s Magic Quadrant, a well-respected technology research and advisory company, has ranked the new Palo Alto Networks firewalls as the best network firewalls for eight years. Palo Alto Network solutions can be found in many Fortune 500 companies worldwide and many government institutions
PROCUREMENT:

Fountain Valley Municpal Code 2.36.070(a)(6) provides that bidding may be dispensed with “[w]hen the public interest otherwise requires that bidding be dispensed with provided the city council approves the purchase by majority vote and, as part of its approval, indicates the reasons bidding was dispensed with[.]” In this case, staff recommends the Council find that the public interest requires bidding be dispensed with because the

Council Action Request
Palo Alto Firewalls
July 19, 2022

Interim IT Manager worked directly with the Palo Alto sales representative to get the best quotes with a local installer and the local installer cut the implementation price by more than half.

FINANCIAL ANALYSIS:

The adopted Fiscal Year 2022-23 budget includes sufficient funding for the contract costs to cover the full fiscal year for the two new Palo Alto Network firewalls, installation, configuration, and subscription in the amount of $67,105.55 in the Information Services budget. Sufficient ongoing appropriations will be budgeted in future years to accommodate the full three-year cost of the contract, including support, in the amount of $187,987.62.

ATTORNEY REVIEW:

The Attorney for the City has reviewed this staff report and concurs with the recommended action. The Attorney will review the technology contract as to form prior to execution by the City Manager.

ALTERNATIVES:

Alternative No.1: Determine that the public interest requires that bidding be dispensed with for the reasons stated in this Staff report and approve the purchase and authorize the City Manager to execute an agreement with C1P Solutions, a local installer for Palo Alto, to purchase the firewall and subscriptions and configure the Palo Alto Network NextGeneration Firewalls. This is the recommended action.

Alternative No. 2: Reject the purchase and continue with the current unsupported Firewalls.

RECOMMENDATION:

Staff is recommending the approval of Alternative No. 1 to determine that the public interest requires that bidding be dispensed with for the reasons stated in this Staff report and approve the purchase and authorize the City Manager to execute an agreement with C1P Solutions, a local installer for Palo Alto, to purchase the firewall and subscriptions and configure the Palo Alto Network Next-Generation Firewalls.

Prepared By: Jackeline Luengas, Interim IT Manager
Fiscal Review by: Shannon Espinoza, Budget Manager

Council Action Request
Palo Alto Firewalls
July 19, 2022

Approved By: Maggie Le, City Manager
Attachment 1: Quote 1 for Installation at City Hall
Attachment 2: Quote 2 for Installation at the Police Department

CITY OF FOUNTAIN VALLEY

CITY COUNCIL

COUNCIL ACTION REQUEST
To: Honorable Mayor and Agenda Date: July 19, 2022
Members of the City Council
SUBJECT: 1) Waive the Bidding Requirements Pursuant to FVMC 2.36.070 Par 5 and Authorize Staff to Issue a Purchase Order to Long Beach BMW Motorcycles for $136,016.38 for the Purchase of Four (4) New 2023 BMW Police Motorcycles, and 2) Authorize Staff to Dispose of the Existing Police Motorcycles by Means that Best Meet the City’s Needs
EXECUTIVE SUMMARY:

The City of Fountain Valley has budgeted a total of $140,000 for the replacement of four (4) police motorcycles in FY 2022/23. Police motorcycles have a 5-year life cycle, and all of the motorcycles scheduled for replacement have been in service for between 5-10 years and meet the City’s criteria for replacement.

In the past, the City purchased Honda Police Motorcycles. However, Honda is no longer manufacturing police motorcycles.

After considering the available options, the Police Department has determined that the BMW Police Motorcycle (R 1250 RT-P) best meets the department’s needs.

The total cost to purchase the four new police motorcycles by “piggybacking” off pricing established by other government agencies is $136,016.38.

Staff is requesting that the City Council: 1) Waive the bidding requirements pursuant to FVMC 2.36.070 Par 5 and authorize staff to issue a purchase order to Long Beach BMW Motorcycles in the amount of $136,016.38 for the purchase of four (4) new/unused 2023 BMW Police Motorcycles, and 2) Authorize Staff to dispose of the existing police motorcycles by means that best meet the City’s needs.

DISCUSSION:

The City of Fountain Valley has budgeted a total of $140,000 for the replacement of four (4) police motorcycles in FY 2022/23. Staff is recommending the replacement of the following units:

Council Action Request
Purchase of Police Motorcycles
July 19, 2022

 Unit No. 167 – a 2012 model year Honda Police Motorcycle. Unit No. 167 is 9 years old and has a total of 27,696 miles. The replacement of this motorcycle per the five (5) year life cycle as shown in the FY 2022/23 Fleet Management Budget, Ten Year Capital Summary.
 Unit No. 181 – a 2015 model year Honda Police Motorcycle. Unit No. 181 is 7 years old and has a total of 26,871 miles. The replacement of this motorcycle is per the five (5) year life cycle as shown in the FY 2022/23 Fleet Management Budget, Ten Year Capital Summary.
 Unit No. 182 – a 2015 model year Honda Police Motorcycle. Unit No. 182 is 7 years old and has a total of 27,645 miles. The replacement of this motorcycle per the five (5) year life cycle as shown in the FY 2022/23 Fleet Management Budget, Ten Year Capital Summary.
 Unit No. 199 – a 2015 model year Honda Police Motorcycle. Unit No. 199 is 7 years old but has only been in service for 3 years and has a total of 8,402 miles.

Unit No. 199 is down and needs extensive repairs that will be costly. Staff is recommending that it be replaced at this time because of its condition and to provide consistency in the police motorcycle frontline fleet.

The remaining Honda Police Motorcycle, Unit No. 410, is a 2016 model year that has been in service for three (3) years with a total of 9,591 miles. Unit No. 410 will become the training motorcycle and will no longer be a front-line unit. Its primary purpose as a training motorcycle for new motor officers will subject it to minor accidents and physical damage as officers learn how to master the difficult riding skills required to be a motor officer. In the past, the City purchased Honda Police Motorcycles. However, Honda is no longer manufacturing police motorcycles.

After considering the available options, the Police Department has determined that the BMW Police Motorcycle (R 1250 RT-P) best meets the department’s needs. The BMW Police Motorcycle performs well and is the most widely used police motorcycle in Los Angeles and Orange Counties. Its balance, maneuverability, and handling, is far superior to that of the competition, providing better responsiveness and causing less rider fatigue.

The rider also sits in an upright posture on the BMW Police Motorcycle, making it easier on the back and more comfortable for the officer. The BMW Police Motorcycle is equipped with two batteries, an engine battery and a separate auxiliary battery for components, as well as a large lighting system that provides greater forward intensity, 90-degree alley lights and forward takedown lights.

In addition to its outstanding performance capabilities, the BMW Police Motorcycle comes fully equipped from the manufacturer, eliminating the need for expensive outfitting costs.

BMW even includes the installation of the agency supplied radio/communications equipment, an 84-month, unlimited-miles extended service contract and 24-hour roadside

Council Action Request
Purchase of Police Motorcycles
July 19, 2022

assistance in the price quoted. The only additional cost will be for the decals. BMW will also provide free service maintenance training for our mechanics at their BMW training center in Ontario, California, enabling our mechanics to fully maintain the new motorcycles.

Therefore, staff recommends that the City replace the Honda Police Motorcycles identified for replacement in FY 2022/23 with the BMW Police Motorcycle. Staff solicited a quote from Long Beach BMW Motorcycles and received a quote that “piggybacked” off the base pricing previously established by the Cities of Costa Mesa and Stockton.

Section 2.36.070 Par 5 of the Fountain Valley Municipal Code authorizes the procurement of goods and services without formal bidding under the following circumstance: “When ‘piggybacking’ off the pricing that was previously established by another government agency; provided the original solicitation was made in a competitive manner and awarded to the lowest responsible bidder.”
FINANCIAL ANALYSIS:

The FY 2022/23 Fleet Management Capital Program provides a total of $140,000 for the replacement of four police motorcycles.

FY 2022/23 Budget for 4 Police Motorcycles $ 140,000.00 2023 BMW Police Motorcycle – Qty. 4 ($34,853.69 ea.) $ 136,016.38* *Includes sales tax and tire fees
After the purchase of the four (4) motorcycles, there will be $3,983.62 remaining in the FY 2022/23 Fleet Management Capital Program for the necessary decals.

There are sufficient funds to purchase the requested police vehicles.

ATTORNEY REVIEW:

This action will be issued on a City approved purchase order form that provides standard terms and conditions, which have been approved by the Attorney for the City.

ALTERNATIVES:

Alternative No. 1: 1) Waive the bidding requirements pursuant to FVMC 2.36.070 Par 5 and authorize staff to issue a purchase order to Long Beach BMW Motorcycles in the amount of $136,016.38 for the purchase of four (4) new/unused 2023 BMW Police Motorcycles, and 2) authorize staff to dispose of the existing police motorcycles by means that best meet the City’s needs. This is the recommended action.

Alternative No. 2: Do not approve the proposal to purchase the four police motorcycles by “piggybacking” off established pricing and direct staff to obtain multiple quotes for the

Council Action Request
Purchase of Police Motorcycles
July 19, 2022

motorcycles. This is not recommended due to the additional time that would be required and production constraints. The Dealer has advised the City that there are only 30 production slots left for the rest of the year.

Alternative No. 3: Do not authorize the purchase of the police motorcycles at this time, and defer and direct staff to return at a future date with an update on the condition of the existing motorcycles. This is not recommended as these units should be replaced now due to their age and condition. Delaying the purchase of these motorcycles will make it difficult for the Public Works Fleet Division to keep an adequate number of motorcycles on the road as motorcycles have to be taken out of service for maintenance and repair.

RECOMMENDATION:

Staff recommends that City Council approve Alternative No. 1, which is to 1) waive the bidding requirements pursuant to FVMC 2.36.070 Par 5 and authorize staff to issue a purchase order to Long Beach BMW Motorcycles in the amount of $136,016.38 for the purchase of four (4) new/unused 2023 BMW Police Motorcycles, and 2) authorize staff to dispose of the existing police motorcycles by means that best meet the City’s needs.

Prepared by: Christine Smith, Management Analyst
Reviewed by: Mark Sprague, Field Services Manager
Approved by: Hye Jin Lee, Director of Public Works
Approved by: Matthew L. Sheppard, Police Chief
Fiscal Review by: Teresa Gonzalez, Accounting Manager
Approved by: Maggie Le, City Manager
Attachment 1: Quote
Attachment 2: Costa Mesa Bid
Attachment 3: City of Stockton Bid Pkg

Attachment 2

Attachment 1

5

6

7

8

9

11 Page 43

14 Page 46

16 Page 48
17

19 Page 51
20 Page 52
21

23 Page 55

26 Page 58

CITY OF FOUNTAIN VALLEY

CITY COUNCIL

COUNCIL ACTION REQUEST
To: The Honorable Mayor and Agenda Date: July 19, 2022
Members of the City Council
Subject: APPROVE A THREE-YEAR AGREEMENT WITH ALL CITY

MANAGEMENT SERVICES TO PERFORM CROSSING GUARD
SERVICES BEGINNING WITH SCHOOL YEAR 2022/2023, WITH THE OPTION TO EXTEND THE CONTRACT FOR TWO ADDITIONAL TWOYEAR TERMS EXECUTIVE SUMMARY:

Crossing guard services are contracted by the City of Fountain Valley with a vendor who staffs 11 crossing guards at 9 locations within the Fountain Valley city limits. These locations service schools within the Fountain Valley and Garden Grove Unified School Districts. The vendor is responsible for all hiring, training and supervision of the program.

In April 2022, the City issued a Request for Proposal (RFP) for crossing guard services.

Three companies responded and were evaluated. All City Management Services was the highest ranked company; therefore, the recommendation is to award the crossing guard contract to All City Management Services.

DISCUSSION:

For the past three school years, the City has contracted with American Guard Services, Inc., for crossing guard services. That contract ended with the completion of the 2021- 22 school year.

In accordance with City’s Purchasing Policies, the City of Fountain Valley issued an RFP for Crossing Guard Services (RFP 22-002) on April 5, 2022. The RFP was publicly advertised through Planetbids with an invitation through the City’s website. Nine companies showed interest in the RFP and downloaded the required documents. The RFP closed on May 3, 2022, and three firms submitted proposals. There was a proposal scoring session and a discussion session followed by cost proposal scoring. The first round was evaluating the proposals on a 10-point system with a weighted score of 800 (80 percent) in three areas: General Approach & Work Plans, Qualifications & Experience, and Past/Performance/References. Three evaluators discussed weaknesses, strengths and similarities of all three companies. Throughout the discussion, there was a clear indicator that only one vendor was truly qualified at all levels and covered the need of crossing guard services the City requires. The most

Council Action Request

ALL CITY MANAGEMENT SERVICES
July 19, 2022

qualified vendor currently handles crossing guard services for most of the surrounding cities in Orange County. One potential vendor currently provides no known crossing guard services, but focuses their business on security. The third vendor currently provides crossing guard services, but none of their clients are in Southern California.

Cost proposals were opened for all three vendors. Costs were electronically scored through Planetbids with a weighted score of 200 (20 percent) and added to the proposal scores to get a complete score.

Based on the overall rankings, All City Management Services is the all-around best option for the crossing guard services contract.

FINANCIAL ANALYSIS:

The proposed fiscal year 2022-23 budget does not include sufficient funding for the increase in contract costs to cover the full year costs for crossing guard services. Staff is requesting a budget amendment to appropriate $19,606 in increased expenditure appropriations in the Police Department Traffic Non-Professional Services account (100.70.70702.53006) from unappropriated fund balance at the beginning of the new fiscal year to adequately fund the contract. Sufficient on-going appropriations will be budgeted in future years to accommodate the full cost of the existing contract.

ATTORNEY REVIEW:

The Attorney for the City have reviewed this Council Action Request.

PUBLIC NOTIFICATION:

Public notification was accomplished through the normal agenda process.

ALTERNATIVES:

Alternative No. 1: Approve a three-year agreement with All City Management Services to perform crossing guard services beginning with school year 2022/2023, with the option to extend the contract for two additional two-year terms.

Council Action Request

ALL CITY MANAGEMENT SERVICES
July 19, 2022

Alternative No. 2: Do not approve a three-year agreement with All City Management Services to perform crossing guard services beginning with school year 2022/2023, with the option to extend the contract for two additional two-year terms and provide direction to Staff.

RECOMMENDATION:

Staff recommends approval of a three-year agreement with All City Management Services to perform crossing guard services beginning with school year 2022/2023, with the option to extend the contract for two additional two-year terms Prepared by: Tony Luce, Police Captain
Approved by: Matthew L. Sheppard, Chief of Police
Fiscal Review by: Shannon Espinoza, Budget Manager
Procurement By: Amanda McCall, Finance Mgmt Analyst/Purchasing Officer Legal Review by: Colin Burns, Attorney for the City
Approved by: Maggie Le, City Manager
Attachments: A. Contract with All City Management Services B. All City Management Services RFP Response
C. All City Management Services Cost Proposal
D. Crossing Guard RFP 2022

City of Fountain Valley
Electronic submittal of Request for Proposal
RFP 22-002
Crossing Guard Services
Questions Deadline:
4:00 p.m., PST, Tuesday, April 19, 2022
Proposals Due Date:
4:00 p.m., PST, Tuesday, May 3, 2022
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 April 5, 2022)

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City of Fountain Valley Request for Proposal for
Crossing Guard Services

SUMMARY
The City of Fountain Valley is seeking proposals from qualified and experienced contractors to provide personnel equipped and trained in appropriate procedures for crossing pedestrians in marked crosswalks. For the three year period beginning with the 2022-23 school year with the option of providing the same services for two (2) additional two-year terms. This Request for Proposal (RFP) is aimed to provide contractors with sufficient information in order to prepare and submit a proposal detailing the crossing guard services they provide Proposals, prepared according to the following detailed instructions, must be received via PlanetBids no later than as indicated on the cover of this proposal.

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

It is the City of Fountain Valley’s policy to assure nondiscrimination in any contract entered into pursuant to this advertisement. Firms will not be discriminated against on the grounds of race, color, national origin, or sex in consideration for an award as provided by Title VI of the Civil Rights Act of 1964.

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I. ABOUT THE CITY
Background Information
The City of Fountain Valley 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 of Fountain Valley Crossing Guard Services Program consists of nine (9) locations throughout the City of Fountain Valley staffed by eleven (11) crossing guard personnel.

II. PROJECT DESCRIPTION
The City of Fountain Valley is seeking proposals for qualified independent Crossing Guard Services Contractor works in conjunction with program oversight of the Police Department.

The City of Fountain Valley reserves the right to accept or reject any or all bids, to waive any informality, to negotiate separately with competing bidders and to accept the proposal deemed to be in the best interest of the City of Fountain Valley.

III. GENERAL SCOPE OF WORK
As described earlier in the RFP, this request is to solicit proposals for Crossing Guard Services.

1. Contractor Responsibilities/Provisions
A. The Contractor shall render a full- service program to provide adult crossing guards for the City. The Contractor shall administer and coordinate the program and be capable of staffing eleven (11) crossing guard personnel at nine (9) locations throughout the City.

B. The Contractor shall recruit, select, and employ crossing guards and alternate crossing guards as required to provide coverage at each crossing guard post on each day when guards are required in accordance with the schedule provided by the City and respective schools.

C. The Contractor is responsible for the application process and determining the suitability and qualifications of the crossing guards hired. All crossing guards employed by the Contractor to perform services under this contract shall meet the qualifications specified in the Scope of Services.

D. The Contractor shall provide a program manager as required to ensure competent and efficient management of the crossing guard program.

E. The Contractor shall hire Field Supervisors to make on -site visits at crossing guard sites. One Field Supervisor shall be responsible for the supervision of no more than 11 crossing guards. The contractor shall provide the name and contact information for the Field Supervisor(s) to the City. The Contractor shall conduct on -site visits to crossing guards' sites on a monthly basis or as directed by the City.

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F. The Contractor shall provide each crossing guard with the following equipment:
• Complete uniform with contractor' s identifiable patch or badge; • Regulation -size, hand -held stop sign;
• Brass or plastic whistle;
• Traffic safety vest; and
• High visibility raincoat.

2. Duties of Crossing Guards
A. It shall be the duty of each Crossing Guard to:
• Halt vehicles when necessary by mechanical and hand signal to permit children to cross the road safely;
• Maintain order among children assembled at street crossing points and permit them to cross only when they can do so safely; • Report to The Fountain Valley Police Department the license plate numbers of motor vehicles who violate traffic laws of crossing guard instructions;
• Make children aware of the elements of traffic safety and operation of pedestrian controls;
• Report to school authorities the names of children who do not follow safety regulations; and
• Wear a reflective traffic safety vest at all times when on duty.

3. Minimum Standards for Crossing Guards
A. The following shall be the minimum qualifications for all Crossing Guards assigned by the Contract to this Project:
• Be at least eighteen (18) years of age;
• Be physically and mentally capable of performing the duties of a crossing guard;
• Have the ability to give and follow oral instructions; • Have the ability to establish and maintain effective working relationships with children, parents, school officials and law enforcement officials;
• Have the ability to remain calm and use judgement and initiative in an emergency situation; and

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• Be of good moral character
B. Contractor shall include the following procedures in the selection process for Crossing Guards:
• The Contractor shall contact the last two (2) or three (3) employers of the Crossing Guard applicant. Personal
reference(s) should be checked if the applicant has not been employed during the last five (5) years.
• Employment and personal reference checks should be of such a nature as to provide the Contractor with the information necessary to determine if the applicant is capable of performing the duties of a Crossing Guard.
• The Contractor shall provide for fingerprinting each applicant and shall complete fingerprint identification card that shall be forwarded within five (5) working days to the California Department of Justice (DOJ).
• The Contractor shall not employ any person as a Crossing Guard who has been convicted of a drug offense, sex offense or a felony, or is otherwise prohibited from working with children. • The Contractor shall maintain records of fingerprint identification during the period of this contract and five (5) years thereafter.

Such records shall be available to the City for review upon request of the City.

C. The Contractor shall provide each crossing guard with appropriate training for the position of Crossing Guard before assigning a guard to any post. The training program shall include:
• General indoctrination concerning rules and regulations of employment;
• Instructions on the proper handling of required reports; • Crossing guard techniques appropriate to the guard post; • Telephone numbers, and addresses, of the schools served by the crossing guards and local law enforcement; and
• Public relations instructions, including the importance of image, dress and appearance, attitude and general demeanor of a crossing guard.

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4. Listing of Current Crossing Guard Locations
The following is a listing of all the current crossing guard locations in the City.

The selected contractor shall be required to post crossing guards at each of the following locations during the time specified. Times may very if school hours change, however, the time difference is usually not major.

Crossing
Guard
No.

School Intersection Monday Tuesday Wednesday Thursday Friday 1 1 Allen
Elementary
Bushard /
Honeysuckle
7:50 AM – 8:50 AM
2:20 PM – 3:20 PM
7:50 AM – 8:50 AM
2:20 PM – 3:20 PM
7:50 AM – 8:40 AM
1:30 PM – 2:30 PM
7:50 AM – 8:50 AM
2:20 PM – 3:20 PM
7:50 AM – 8:50 AM
2:20 PM – 3:20 PM
2 1
James
Monroe
Elementary
Newhope /
Primrose
7:50 AM – 8:50 AM
2:20 PM – 3:20 PM
7:50 AM – 8:50 AM
2:20 PM – 3:20 PM
7:50 AM – 8:40 AM
1:30 PM – 2:30 PM
7:50 AM – 8:50 AM
2:20 PM – 3:20 PM
7:50 AM – 8:50 AM
2:20 PM – 3:20 PM
3 1 Courreges
Elementary
Santa
Andrea /
Ellis
7:30 AM – 8:30 AM
1:30 PM – 2:50 PM
7:30 AM – 8:30 AM
1:30 PM – 2:50 PM
7:30 AM – 8:30 AM
1:30 PM – 2:50 PM
7:30 AM – 8:30 AM
12:00 PM – 1:00 PM
7:30 AM – 8:30 AM
1:30 PM – 2:50 PM
4 2 Courreges
Elementary
Santa
Cecilia /
Talbert
7:30 AM – 8:30 AM
1:30 PM – 2:50 PM
7:30 AM – 8:30 AM
1:30 PM – 2:50 PM
7:30 AM – 8:30 AM
1:30 PM – 2:50 PM
7:30 AM – 8:30 AM
1:30 PM – 2:50 PM
7:30 AM – 8:30 AM
1:30 PM – 2:50 PM
5 1 Cox
Elementary
Los Jardines
East / Slater
7:45 AM – 8:45 AM
1:45 PM – 3:00 PM
7:45 AM – 8:45 AM
1:45 PM – 3:00 PM
7:45 AM – 8:45 AM
1:45 PM – 3:00 PM
7:35 AM – 8:45 AM
12:30 PM – 1:30 PM
7:45 AM – 8:45 AM
1:45 PM – 3:00 PM
6 1 Cox
Elementary
Los Jardines
Wes t/ Slater
7:45 AM – 8:45 AM
1:45 PM – 3:00 PM
7:45 AM – 8:45 AM
1:45 PM – 3:00 PM
7:45 AM – 8:45 AM
1:45 PM – 3:00 PM
7:35 AM – 8:30 AM
12:30 PM – 1:30 PM
7:45 AM – 8:45 AM
1:45 PM – 3:00 PM
7 1 Cox
Elementary Slater / Ward
7:45 AM – 8:45 AM
1:45 PM – 3:00 PM
7:45 AM – 8:45 AM
1:45 PM – 3:00 PM
7:45 AM – 8:45 AM
1:45 PM – 3:00 PM
7:45 AM – 8:45 AM
12:30 PM – 1:30 PM
7:45 AM – 8:45 AM
1:45 PM – 3:00 PM
8 1 Gisler
Elementary
Ellis / Las
Flores
7:50 AM – 8:50 AM
2:00 PM – 3:10 PM
7:50 AM – 8:50 AM
2:00 PM – 3:10 PM
7:50 AM – 8:50 AM
2:00 PM – 3:10 PM
7:50 AM – 8:50 AM
12:15 PM – 1:15 PM
7:50 AM – 8:50 AM
2:00 PM – 3:10 PM
9 2 Plavan
Elementary
Greenleaf /
Warner
7:50 AM – 8:45 AM
1:50 PM – 3:10 PM
7:50 AM – 8:45 AM
1:50 PM – 3:10 PM
7:50 AM – 8:45 AM
1:50 PM – 3:10 PM
7:50 AM – 8:45 AM
12:30 PM – 1:30 PM
7:50 AM – 8:45 AM
1:50 PM – 3:10 PM

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IV. PROPOSAL REQUIREMENTS
A. General Requirements
Inquiries/Questions concerning this request for proposal should be made before 4:00 p.m., PST, on Tuesday, April 19, 2022.

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, Tuesday, May 3, 2022.

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.
• Line Item (if required): make sure to input an amount on each item, can use the notes section to clarify your amount.

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, including exhibits and resumes, single-sided, single column, portrait layout, 1" side margins and 1/2"

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top and bottom margins, font size no less than 12 pt., and single or double spaced.
• 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 (including subconsultants’ experience) in performing similar work, addressing the elements listed above.

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, and their relevant experience. • Identify availability of key personnel to work on each task described in “General Scope of Work”.
• If sub-consultants are used, names of sub-consultants’ key personnel for the project, their professional experience, qualifications, and training which are applicable to this project, and the scope of services that will be provided by each sub-consultant.
• Any changes to personnel assigned to this project shall be made in writing to CITY. CITY reserves the right to reject any proposal with modified personnel.
• The office location from which the consultant(s) shall operate.

4. Approach and Schedule
• Discuss your company’s ability to provide desired services, addressing the elements listed under “General Scope of Work”.
• Describe how your company would ensure City requests are completed

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in a timely manner.

Click or tap here to enter text.

5. 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.

6. 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 firm will address concerns or deficiencies in quality control and deliverables and give a specific example.
• Provide a clear grievance procedure and chain of command points of contact for escalation of concerns.

7. 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.

8. 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 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.
• A work program together with a breakdown of labor hours by employee billing classification together with the cost of non-labor and subcontractor services shall be included with the fee proposal. The labor breakdown shall be compiled based upon a listing of work tasks that correlates with the firm’s defined scope of work for project proposal.

This information will be used by the City staff to evaluate and compare the reasonableness of the fee schedule and may be used in determining the total cost for the proposed work.

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• Senate Bill No. 3 indicates an increase in minimum wage of about $1 each year, until $15.00 per hour has reached in January 2022 or 2023. Illustrate a breakdown of what the hourly cost would be for the three year period beginning with the 2022/23 school year. In addition, outline the hourly rate for providing the same services for two (2) additional two-year terms. The proposal rates shall include the impact associated with SB 3 (Leno, Chapter 4, Statutes) that states the mandated minimum.

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, April 5, 2022
Clarification Questions Due by: Tuesday, April 19, 2022 Due Date for Proposals Tuesday, May 3, 2022
Interviews of Finalists, if applicable Week of May 23, 2022 Tentative Selection and City Council Award Tuesday, June 7, 2022 Begin Project Friday, July 1, 2022
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. Depth of proposer’s understanding of City’s requirements and overall quality of work plan and clarity. Understanding of compliance with all Federal, State and County health regulations.

Qualifications and experience of the project manager and other key individuals.

11 | Page
The contractor’s /consultant’s past performance on projects of similar size and scope.

Cost & Price. Reasonableness of rates; competitiveness with other offers received; adequacy of data in support of figures quoted.

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 May 23, 2022 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 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.

CITY OF FOUNTAIN VALLEY

CITY COUNCIL

COUNCIL ACTION REQUEST
To: Honorable Mayor and Agenda Date: July 19, 2022
Members of the City Council
SUBJECT: 1) Accept the bids and award a construction contract to Wright Construction Engineering Corporation for $84,800;
2) Accept a fee proposal from GMU Geotechnical, Inc. for $6,454 to provide professional material testing services and direct staff to issue a Purchase Order for the amount.

EXECUTIVE SUMMARY:

In early 2019, Public Works staff discovered that a 27-inch Talbert Channel Storm Drain located at 17712 Walnut Street had severed due to an eroded channel bottom. The previous Public Works Director and Staff had many discussions with the County of Orange and the OC Flood Control District to find a solution. After a long stalemate, the City and County recently agreed to work together to repair the channel. The agencies determined that the City will repair the City's storm drain outlet pipe and the surrounding channel slope, and the County will repair the channel bottom erosion. The repair will restore and protect the cover over the exposed City's sewer main line as a result of longterm erosion.

Since the agreement, Staff solicited proposals for the 27-inch Talbert Chanel Storm Drain Outlet Repair on an emergency basis. The City received four (4) proposals for the 27- inch Talbert Chanel Storm Drain Outlet Repair. After careful evaluation, Huitt-Zollars, Inc. was selected and awarded a contract on November 1, 2020. A contract was executed under the City Manager's contract authority for $29,995.

On June 28, 2022 the City received four (4) bids for the Talbert Channel Storm Drain Repair Project. The apparent low bidder, Wright Construction Engineering Corporation submitted a bid of $84,800. The lowest responsible bidder, Wright Construction Engineering Corporation, has completed similar projects for other Orange County municipalities and has proven to be a reliable contractor. GMU Geotechnical, Inc. submitted a proposal for $6,454.00 for materials testing services. Their expertise in these areas will ensure that all soil testing requirements are met through the construction process.

Council Action Request
Talbert Channel Project Award
July 19, 2022

Staff recommends that the City Council 1) Accept the bids and award a construction contract to Wright Construction Engineering Corporation for $84,800; and 2) Accept a fee proposal from GMU Geotechnical, Inc. for $6,454 to provide professional material testing services and direct staff to issue a Purchase Order for the amount.

DISCUSSION:

In early 2019, Public Works Staff discovered that the 27-inch Talbert Channel Storm Drain located at 17712 Walnut Street had eroded and separated from the main discharge pipe.

The previous Public Works Director and staff had many discussions with the County of Orange and the OC Flood Control District to find a solution. After a long stalemate, in late 2020, the City and OC Flood Control District recently came to a collaborative agreement to work together to repair the channel. The agencies determined that the City will repair the storm drain outlet and the surrounding eroded channel slope, and the County will fix the eroded channel bottom.

Since the agreement, staff solicited proposals for the 27-inch Talbert Chanel Storm Drain Outlet Repair on an emergency basis. The City received four (4) proposals for the 27- inch Talbert Chanel Storm Drain Outlet Repair. After careful evaluation, Huitt-Zollars, Inc. was selected and awarded a contract on November 1, 2020. A contract was executed under the City Manager's contract authority for $29,995.

On June 1, 2022 the project was posted on Planetbids to invite qualified contractors and vendors for competitive bidding. On June 28, 2022 the City received four (4) bids for the Talbert Channel Storm Drain Repair Project. The apparent low bidder, Wright Construction Engineering Corporation submitted a bid of $84,800 just under the engineer’s estimate of $86,289.

The following is a summary of the bids received:

1. Wright Construction Corporation $84,800.00

2. Beador Construction Company, Inc. $86,300.00

3. Cheloletty Engineering $105,550.00

4. Bonadiman Water, Inc. $132,500.00
Engineer’s Construction Estimate $86,289.00
The lowest responsible bidder, Wright Construction Engineering Corporation, has completed similar projects for other Orange County municipalities and has proven to be a reliable contractor.

Council Action Request
Talbert Channel Project Award
July 19, 2022

GMU Geotechnial, Inc. submitted a proposal for $6,454.00 for professional materials testing services. Their expertise in these areas will ensure that all requirements are met through the construction process and the slope is restored for soil stability.

FINANCIAL ANALYSIS:

The Sewer/Drainage Fund is appropriated for this project construction in the Capital Improvement Program.

TOTAL PROJECT COSTS (3402130101)
Design (Huit-Zollars, Inc.) $29,995
Printing Plans and Specifications $1,331.60
County of Orange Encroachment Permit $2,830
Construction Contract (Wright Construction Corporation) $84,800 Material Testing Services (GMU Geotechnial, Inc.) $6,454 Contingency for Change Orders (15% of Contract Value) $12,720 Total Anticipated Project Costs $138,130.60
PROJECT BUDGET (3402130101)
Current Approved Budget $185,428.00
Note that, as in all of the City's public works contracts, the contract itself provides the Director of Public Works authority to issue change orders of up to 10% of the original contract amount. When the Council approves the contract, it approves this authority. Ten percent is generally considered within the normal range of changed conditions on a public works construction project and, by providing change order authority upfront, Council helps to reduce the possibility of delay damages that could be incurred when a contractor must stop work and wait for authorization to proceed. For this project, due to small contract amounts, the staff is requesting a 15% contingency.

ATTORNEY REVIEW:

The Attorney for the City has approved the contract.

ALTERNATIVES:

Alternative No. 1: Staff is recommending that the City Council 1) Accept the bids and award a construction contract to Wright Construction Engineering Corporation for $84,800; 2) Accept a fee proposal from GMU Geotechnical, Inc. for $6,454 to provide professional material testing services and direct staff to issue a Purchase Order for the amount.

Alternative No. 2: Reject all bids and direct staff to re-advertise for new bids. This is not the recommended action as staff believes this action will result in

Council Action Request
Talbert Channel Project Award
July 19, 2022

higher-priced construction bids.

RECOMMENDATION:

Staff is recommending that the City Council 1) Accept the bids and award a construction contract to Wright Construction Engineering Corporation for $84,800; and 2) Accept a fee proposal from GMU Geotechnical, Inc. for $6,454 to provide professional material testing services and direct staff to issue a Purchase Order for the amount.

Prepared by: Kyle Hilton, Associate Engineer
Approved by: Hye Jin Lee, Director of Public Works
Fiscal Review by: Teresa Gonzalez, Accounting Manager
Approved by: Maggie Le, City Manager
Attachment 1: Wright Construction Contract
Attachment 2: GMU Geotechnial, Inc. Proposal

July 2021– City of Fountain Valley 1 | Page

CONTRACT
CON-___-___
This AGREEMENT is made and entered into this 19th day of July, 2022, by and between the CITY OF FOUNTAIN VALLEY, hereinafter referred to as “CITY,” and Wright Construction Engineering Corporation, hereinafter referred to as “CONTRACTOR.”

WITNESSETH
That for and in consideration of the promises and agreements hereinafter made and exchanged, CITY and CONTRACTOR mutually agree as follows:

SCOPE OF THE WORK AND CONTRACT SUM

1. Scope of the Work. CONTRACTOR shall perform all the work and shall provide and furnish all labor, materials, tools, expendable equipment, utility and transportation services required to, RFB 22-003 Talbert Channel Storm Drain Repair Project, (hereafter referred to as “PROJECT”).

2. Labor and Materials. All of said work to be performed and materials to be furnished shall be in strict accordance with the plans and specifications entitled and CONTRACTOR agrees to do everything required by this AGREEMENT, the plans and specifications, and the CONTRACT DOCUMENTS.

RFB 22-003 Talbert Channel Storm Drain Repair Project,
All labor, materials, tools, equipment, and services shall be performed under the direction, administration, and subject to the approval of CITY or its authorized representatives.

3. Contract Sum. CITY agrees to pay, and CONTRACTOR agrees to accept in full payment for the work above agreed to be done, the sum of eighty-four thousand eight hundred dollars ($84,800.00).

NOTICE TO PROCEED AND TIMING

4. Notice to Proceed. No work, services, material, or equipment shall be performed or furnished under this AGREEMENT unless and until a “Notice to Proceed” has been given to CONTRACTOR by CITY and all bonds and certificates of insurance required pursuant hereto have been furnished to and approved by CITY.

5. Term. This AGREEMENT shall commence on the date of execution of this AGREEMENT, and expire on July 19, 2023, subject to earlier termination as provided for herein.

6. Time of the Essence. Time is of the essence of this AGREEMENT.

JOB PROGRESS AND COOPERATION

7. Job Progress. CONTRACTOR agrees to maintain a realistic critical path analysis throughout the project. CONTRACTOR agrees to meet with CITY’s PROJECT MANAGER or designee on a weekly or other periodic basis, or as requested by CITY to review job progress. PROJECT MANAGER for purposes of this AGREEMENT shall be the Director of Public Works-City Engineer or such designee as has been given the authority for this project in a written designation. CONTRACTOR agrees to provide CITY with critical path analysis documentation whenever job progress is impacted so that the completion date may be affected or whenever delays or other impacts may give rise to CONTRACTOR’s claim for additional days or additional damages. Delay and other claims of damages based on CONTRACTOR’s planned early completion are prohibited.

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8. Cooperation. CONTRACTOR agrees to cooperate with CITY’s PROJECT MANAGER or designee and to provide submittals and participate in meetings in a good faith effort to complete the project.

If disagreements arise, CONTRACTOR agrees to document the disagreement in accordance with these AGREEMENT provisions and provide CITY with early notice of the same for later resolution but shall continue to cooperate and prosecute the work to completion in a diligent manner. Nothing herein shall excuse CONTRACTOR’s strict compliance with Section 22 if additional time or money is sought.

9. CONTRACTOR’S Independent Investigation.

No plea of ignorance of conditions that exist or that may hereafter exist, or of conditions or difficulties that may be encountered in the execution of the work under this AGREEMENT, as a result of failure to make the necessary independent examinations and investigations, and no plea of reliance on initial investigations or reports prepared by CITY for purposes of letting this AGREEMENT out to bid, will be accepted as an excuse for any failure or omission on the part of the CONTRACTOR to fulfill in every detail all requirements of said AGREEMENT, specifications, and plans, nor will such reasons be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time except as provided in Section 22 of this AGREEMENT.

Except as specifically provided in the CONTRACT DOCUMENTS, information provided for purposes of bidding do not represent “conditions indicated” as being in existence and are provided for the convenience of the parties in making their own investigation.

PREVAILING WAGES & LABOR, WAGE, AND HOURS LAWS

10. Compliance with the Davis-Bacon Act. This provision does not apply to this AGREEMENT.

11. Public Work/DIR Registration. Notice is provided pursuant to Labor Code Section 1781 that this is a “public work” as defined in Chapter 1, Part 7, Division 2 of the Labor Code, to which Section 1771 applies. CONTACTOR shall pay prevailing wages, unless exempt. All contractors and subcontractors working on this job shall be registered with the Department of Industrial Relations using online form 100.

12. 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. CONTACTOR 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.

13. 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. Each contractor and subcontractor 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 or her in connection with the public work. Electronic certified payroll records shall be on forms provided by the Division of Labor Standards Enforcement or contain the same information. THE CONTRACTOR’S AND SUBCONTRACTOR’S PAYROLL RECORDS SHALL BE SUBMITTED TO CITY ON A WEEKLY BASIS.

THE CONTRACTOR SHALL BE RESPONSIBLE FOR SUBMITTAL OF SUB-CONTRACTOR’S PAYROLL RECORDS. Additionally, CONTRACTOR or subcontractor has 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 CONTRACTOR or subcontractor fails to comply within the 10-day period, he or she shall, as a penalty to CITY, forfeit one hundred dollars ($100) 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 CONTRACTOR under this AGREEMENT.

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14. Penalty. CONTRACTOR and any subcontractor under CONTRACTOR shall pay, as a penalty to CITY, as specified in section 1 of General Provision and CITY may deduct the penalty from any monies due or that may become due CONTRACTOR 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 CONTRACTOR or subcontractor, in accordance with Section 1775 of the Labor Code of the State of California.

15. Apprentices. If applicable, the provisions of Labor Code Section 1777.5 requiring the use of apprentices in certain ratios to journeymen on the project are hereby imposed upon CONTRACTOR.

16. Legal Day’s Work. In the performance of this AGREEMENT, not more than eight (8) hours shall constitute a day’s work, and the CONTRACTOR 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.

CONTRACTOR 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 the CONTRACTOR shall forfeit to the CITY as a penalty the sum of Twenty-Five Dollars ($25.00) for each worker employed in the execution of this AGREEMENT by the CONTRACTOR or any subcontractor 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 sums owed pursuant to this AGREEMENT.

PROGRESS PAYMENTS AND RETENTION

17. Progress Payments. Pursuant to Public Contract Code Section 7201, prior to the fifteenth (15th) day of the month next following the commencement of the work, there shall be paid to CONTRACTOR a sum equal to ninety-five percent (95%) of the value of the work completed since the commencement of the work as determined by CITY and thereafter prior to the fifteenth (15th) day of each successive month as the work progresses. CONTRACTOR shall be paid such sum as will bring the payments up each month to ninety-five percent (95%) of the value of the work completed since the commencement of the work as determined by CITY, less all previous payments and authorized deductions, provided that CONTRACTOR submits his request for payment prior to the last Wednesday of each preceding month. Pursuant to Public Contract Code 7107, CITY shall make the final payment, if unencumbered, or any part thereof unencumbered, within sixty (60) days after the date of completion. Notwithstanding the foregoing, CONTRACTOR shall provide CITY with all documentation required by this AGREEMENT, including the Final Closeout Agreement and Release of All Claims, as well as any other documents required by the CONTRACT DOCUMENTS, such as as-builts, red-line plans, manufacturers and specific guarantees, and owner’s manuals prior to receiving final payment. Payments shall be made on demands drawn in the manner required by law, accompanied by a certificate signed by the City Engineer, stating that the work for which payment is demanded has been performed in accordance with the terms of the AGREEMENT, and that the amount stated in the certificate is due under the terms of the AGREEMENT. Partial payments on the AGREEMENT price shall not be considered as an acceptance of any part of the work. Nothing herein shall limit CITY’s right to withhold one hundred fifty percent (150%) of disputed amounts in the event of a good faith dispute.

18. Prompt Payments. CITY agrees to promptly make progress payments on undisputed and properly submitted payment requests within thirty (30) days and to comply with the provisions of Public Contract Code Section 20104.50.

19. Retention Securities. Pursuant to California Public Contract Code Section 22300, CONTRACTOR will be entitled to post approved securities with the CITY or an approved financial institution in order to have the CITY release funds retained by the CITY to insure performance of the AGREEMENT.

20. Federal Participation. This provision does not apply to this AGREEMENT. If this project had involved federal funds, other provisions would be incorporated into this AGREEMENT. If those provisions had applied, the Davis-Bacon Act would govern the payment of prevailing wages.

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CHANGE ORDERS / EXTRA TIME / EXTRA WORK

21. Request for Extra Time or Additional Compensation. The following provisions must be strictly complied with to obtain additional time to complete the job or to obtain additional compensation:
(a) Request for Change Order – Additional Time. The CONTRACTOR shall promptly notify the CITY of any delay and shall within ten (10) days from the beginning of any such delay notify the CITY in writing of the cause of the delay, and the CITY shall extend the time for completing the work if in its judgment the cause so merits. The CITY’s determination on this matter shall be final and conclusive on the parties hereto. CONTRACTOR shall be required to submit a Request for Change Order, as set forth in this AGREEMENT, to the CITY’s PROJECT MANAGER within ten (10) days of the beginning of such delay. No adjustment shall be allowed for such delay unless there is strict compliance with this contractual provision.

CONTRACTOR’s remedy shall be limited to the extra days granted and to any damages that it may be entitled to using the formula agreed to by the parties for all damages as provided in Section 22. (b) Request for Change Order – Additional Compensation Sought. (i) Should CONTRACTOR claim that the CITY is demanding extra work from it or consider any work demanded of it to be outside the requirements of this AGREEMENT or if it considers any instruction, ruling, or decision of the PROJECT MANAGER to be unfair, he shall within ten (10) days after any such demand is made, or instruction, ruling, or decision is given, file a written protest with the PROJECT MANAGER, stating clearly and in detail his objections and the reasons therefor.

Except for such protests and objections as are made of record, in the manner and within the time above stated, the CONTRACTOR shall be deemed to have waived and does hereby waive all claims for extra work, damages, and extensions of time on account of demands, instructions, rulings, and decision of the PROJECT MANAGER.
(ii) Should CONTRACTOR claim that additional compensation is due it because of an unforeseen condition, CONTRACTOR shall bring that to CITY’s attention promptly and, within ten (10) days, shall submit a written request for change order to CITY. (c) Request for Change Order – City Form to Be Used. CITY’s Request for Change Order form, which is attached hereto as part of this AGREEMENT, shall be the form that must be submitted in a timely fashion for a request for either additional time or additional compensation. By initialing, the CONTRACTOR specifically agrees to use said form for those purposes and understands that, if he does not submit that form in a timely manner, he waives the right to request additional time or compensation. No oral modifications or other forms of communication shall be accepted as compliance with this provision.

Contractor’s Initials ________
(d) Change Order. Should CITY agree that a change order is warranted for either additional time or compensation, a written change order shall be executed. If CITY does not agree to the change order, and CONTRACTOR has provided timely notices and submitted its written request for change order in a timely manner, CONTRACTOR will have preserved the issue for later resolution in compliance with other procedures set forth in this AGREEMENT or as the law may otherwise allow. (e) Change Order Authority. The following authority is hereby given to make change orders:
(i) Change Orders for Extra Time. The City Manager, Director of Public Works, or PROJECT MANAGER shall have the authority to grant extra days without limit. (ii) Change Orders for Extra Compensation. The Director of Public Works shall have the

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authority to make change orders up to an aggregate amount of Fifteen Percent (15%) of the original contract amount.

22. Damages / Extra Work Compensation. The parties have agreed to modify the formula for damages set forth in the Standard Specifications for Public Works Construction. The parties agree that the following damage formula shall be used to measure all of CONTRACTOR’s damages or extra work required by this job. CONTRACTOR shall be limited to the following:

Direct costs Mark-up
Labor 20%
Materials 15%
Equipment Rental 15%
Subcontracted work 10% (first $5,000)
Subcontracted work 5% (work in excess of first $5,000)
Specialty Subcontracting
(required by extra work) 5% (Provided at least three (3) competitive bids are obtained and CONTRACTOR selected the
lowest bidder)

Excluded from recovery shall be so-called “Eichleay damages,” including, but not limited to, home office overhead, insurance and bonding costs, lost bonding capacity, lost profits, and lost interest.

CONTRACTOR acknowledges that his recovery for damages or extra work is limited as provided in this Section.

Contractor’s Initials ________

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SUBCONTRACTING

23. Subcontracting. CONTRACTOR acknowledges that he or she is aware of the provisions of the “Subletting and Subcontracting Fair Practices Act” (Public Contract Code Sections 4100 et seq.) and agrees to comply with all applicable provisions thereof. If any part of the work to be done under this AGREEMENT is subcontracted, the subcontract shall be in writing and shall provide that all work to be performed thereunder shall be performed in accordance with this AGREEMENT. Upon request, certified copies of any or all subcontracts shall be furnished to CITY. The subcontracting of any or all of the work to be done will in no way relieve CONTRACTOR of any part of his responsibility under the AGREEMENT.

Pursuant to Public Contract Code Section 4110, CONTRACTOR’s violation of any of the provisions of the Subletting and Subcontracting Fair Practices Act violates this AGREEMENT and CITY may cancel this AGREEMENT or assess CONTRACTOR a penalty of not more than 10 percent (10%) of the subcontract involved. CITY may deduct this penalty from any monies due or that may become due to CONTRACTOR for work performed under this AGREEMENT.

All persons engaged in the work, including subcontractors, will be considered as employees of CONTRACTOR. CONTRACTOR will be held responsible for their work. CITY will deal directly with and make all payments to CONTRACTOR.

STOP NOTICES

24. Additional Costs. Pursuant to Civil Code Section 9358, upon receipt of a stop notice, CITY shall withhold from payment to CONTRACTOR sufficient funds due or to become due to pay the claim stated in the stop notice and provide for reasonable costs of litigation. One hundred twenty five percent (125%) of the amount of the claim stated in the stop notice shall be a reasonable amount to withhold. In addition to the remedies authorized by law, CONTRACTOR shall reimburse CITY for administrative expenses incurred in processing Notices to Withhold, Stop Notices, or similar legal documents arising out of a failure of CONTRACTOR to pay for labor or materials. Said obligation shall be provided for in CONTRACTOR’s payment bond. CITY shall have the right to deduct any such expenses from amounts due or to become to CONTRACTOR under this AGREEMENT.

COMPLETION

25. CONTRACTOR’S Waiver. CONTRACTOR agrees to execute a Final Close Out Agreement and Release of All Claims on CITY’s form. The execution by CONTRACTOR of the Final Close Out Agreement and Release of All Claims shall constitute a waiver of all claims against CITY under or arising out of this AGREEMENT unless otherwise stated in said document.

26. Guarantees. CONTRACTOR shall and hereby does guarantee all work for a period of one (1) year after the date of acceptance of the work by the CITY and shall repair and replace any and all such work, together with any other work which may be displaced in so doing, that may prove defective in workmanship and/or materials within the one (1) year period from the date of acceptance, without expense whatsoever to the CITY, ordinary wear and tear and usual abuse or neglect excepted. In the event of failure to comply with the aforementioned conditions within five (5) days after being notified in writing, the CITY is hereby authorized to proceed to have the defects repaired and made good at the expense of the CONTRACTOR, who shall pay the cost and charges therefor immediately on demand. This guarantee shall be in addition to any manufacturer or specific guarantees that may be required. CONTRACTOR shall provide those manufacturer and specific guarantees before CONTRACTOR may claim entitlement to final payment.

INDEMNIFICATION

27. Indemnity. CONTRACTOR shall indemnify, defend with legal counsel approved by CITY,

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and hold harmless CITY, its officers, officials, employees and volunteers from and against all liability, loss, damage, expense, cost (including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with CONTRACTOR's negligence, recklessness or willful misconduct in the performance of work hereunder or its failure to comply with any of its obligations contained in this agreement, except such loss or damage which is caused by the sole or active negligence or willful misconduct of the CITY. Should conflict of interest principles preclude a single legal counsel from representing both CITY and CONTRACTOR, or should CITY otherwise find CONTRACTOR’s legal counsel unacceptable, then CONTRACTOR shall reimburse the CITY its costs of defense, including without limitation reasonable legal counsels fees, expert fees and all other costs and fees of litigation. The CONTRACTOR shall promptly pay any final judgment rendered against the CITY (and its officers, officials, employees and volunteers) with respect to claims determined by a trier of fact to have been the result of the CONTRACTOR’s negligent, reckless or wrongful performance. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.

CONTRACTOR obligations under this section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee. However, without affecting the rights of CITY under any provision of this agreement, CONTRACTOR 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 active negligence accounts for only a percentage of the liability involved, the obligation of CONTRACTOR will be for that entire portion or percentage of liability not attributable to the active negligence of CITY.

Notwithstanding any limits provided for indemnification, CONTRACTOR’s duty to defend is broader.

CONTRACTOR agrees to provide CITY with a defense, with counsel reasonably acceptable to CITY, or pay CITY’s costs of defense, upon service of any complaint, petition, or other pleading that requires CITY to defend itself in any proceeding arising out of the work described in this AGREEMENT. Said obligation shall not extend to disputes between CONTRACTOR and CITY.

INSURANCE

28. Insurance. Without limiting CONTRACTOR’s indemnification of CITY, and prior to commencement of Work, CONTRACTOR 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 satisfactory to CITY.

29. General liability insurance. CONTRACTOR 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 $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability, and a $2,000,000 completed operations aggregate.

Automobile liability insurance. CONTRACTOR 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 the CONTRACTOR arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.

Umbrella or excess liability insurance. CONTRACTOR shall obtain and maintain an umbrella or excess liability insurance policy with limits of not less than $4,000,000 that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above,

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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 in the event that any primary insurance that would otherwise have applied proves to be uncollectable in whole or in part for any reason; Pay on behalf of wording as opposed to reimbursement;
Concurrency of effective dates with primary policies; and Policies shall “follow form” to the underlying primary policies.

Insureds under primary policies shall also be insureds under the umbrella or excess policies.

Workers’ compensation insurance. CONTRACTOR shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000) for CONTRACTOR ’s employees in accordance with the laws of the State of California, Section 3700 of the Labor Code In addition, CONTRACTOR shall require each subcontractor to similarly maintain Workers’ Compensation Insurance and Employer’s Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subcontractor’s employees.

CONTRACTOR 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.

Pollution liability insurance. Environmental Impairment Liability Insurance shall be written on a Contractor’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 $1,000,000 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.

Builder’s risk insurance. Upon commencement of construction and with approval of CITY, CONTRACTOR shall obtain and maintain builder’s risk insurance as specified below.

The named insureds shall be CONTRACTOR, all Subcontractors (excluding those solely responsible for design Work) of any tier, suppliers, and CITY and its officers, officials, employees, and agents.

CONTRACTOR shall not be required to maintain property insurance for any portion of the Project following transfer of control thereof to CITY.

Policy shall be provided for replacement value on an "all risk" basis. There shall be no coinsurance penalty provision in any such policy. Policy must include: (1) coverage for any ensuing loss from faulty workmanship, Nonconforming Work, omission or deficiency in design or specifications; (2) coverage against machinery accidents and operational testing; (3) coverage for removal of debris, and insuring the buildings, structures, machinery, equipment, materials, facilities, fixtures and all other properties constituting a part of the Project; (4) transit coverage, including ocean marine coverage (unless insured by the supplier), with sublimits sufficient to insure the full replacement value of any key equipment item; and (5) coverage with sublimits sufficient to insure the full replacement value of any property or equipment stored either on or off the Site. Such insurance shall be on a form acceptable to CITY to ensure adequacy of terms and sublimit.

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Proof of insurance. CONTRACTOR 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’s risk manager 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. CONTRACTOR shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Work hereunder by CONTRACTOR, his agents, representatives, employees or subcontractors. CONTRACTOR 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 requirements 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 CONTRACTOR or CITY will withhold amounts sufficient to pay premium from CONTRACTOR 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 the CITY’s risk manager.

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 CONTRACTOR or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. CONTRACTOR hereby waives its own right of recovery against CITY, and shall require similar written express waivers and insurance clauses from each of its sub consultants.

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

Requirements 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. CONTRACTOR 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.

CITY’s right to revise requirements. The CITY reserves the right at any time during the term of the

July 2021– City of Fountain Valley 10 | Page
contract to change the amounts and types of insurance required by giving the CONTRACTOR a ninety (90)- day advance written notice of such change. If such change results in substantial additional cost to the CONTRACTOR, the CITY and CONTRACTOR may renegotiate CONTRACTOR’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. CONTRACTOR shall give CITY prompt and timely notice of claims made or suits instituted that arise out of or result from CONTRACTOR’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.

Additional insurance. CONTRACTOR 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.

30. Workers’ Compensation.

CONTRACTOR shall carry Workers’ Compensation Insurance and require all subcontractors to carry Workers’ Compensation Insurance as required by the Labor Code of the State of California. CONTRACTOR, by executing this AGREEMENT, hereby certifies:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this AGREEMENT.”
CONTRACTOR acknowledges that it is unlawful and a crime to intentionally make false statements about employees that misclassify their job duties to obtain lesser premium costs or for other improper purposes.

CONTRACTOR agrees that if it makes false statements about its employees for the purpose of obtaining lower workers’ compensation premiums or for other unlawful purposes, it shall be considered a material breach of this AGREEMENT.

31. Bonds. Within the time period set forth in the CONTRACT DOCUMENTS and prior to commencing the Work on the Project, the CONTRACTOR shall file with the CITY good and sufficient labor and material payment bond (Payment Bond) and performance bond (Performance Bond) in the amount of one hundred percent (100%) of the Contract Sum covering performance of the Work other than the professional design services portion of the Work. The Performance Bond and Payment Bond shall be in the form required by the CONTRACT DOCUMENTS. The amounts of the Payment Bond and Performance Bond shall be increased as, when and in the amount of any Change Orders that are executed increasing the Contract Sum, the CONTRACTOR shall, upon request by the CITY, provide evidence of such increases.

Should the Payment Bond or Performance Bond or any Surety on such bond become or be determined by the CITY to be insufficient, it shall be replaced within ten days by a bond that fully complies with the requirements of this Section. No further payments to the AGREEMENT for the Work performed shall be made or due until the CONTRACTOR has fully complied with the requirements of this Section.

Duration. The Payment Bond shall remain in effect until acceptance of the Work and payment of all stop notices and claims by the CONTRACTOR or the Subcontractors, of any Tier, have been satisfied. The Performance Bond shall remain in effect and assure faithful performance of all the CONTRACTOR’s obligations under the CONTRACT DOCUMENTS, including, without limitation, all obligations that survive final completion or termination, such as, but not limited to, CONTRACTOR’s warranty, commissioning and indemnity obligations.

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Surety. At the time the Contract is signed and at all times thereafter until Final Payment has been made by the CITY, the Surety on the Payment Bond shall be an Admitted Surety and the Surety on the Performance Bond shall be a licensed Surety in good standing with the California Department of Insurance, and having an A.M. Best's Insurance Rating of not less than A-: VI.

Premiums. The premiums for all bonds are included in the Contract Sum and shall be paid by the CONTRACTOR.

Obligee. The Payment Bond and Performance Bond shall each name the CITY as obligee. All bonds purchased by the Subcontractors shall name the CONTRACTOR and the CITY as dual obligees.

No exoneration. Changes, Change Orders, Unilateral Change Orders, Field Orders, Modifications and adjustments to the Contract Sum or Contract Time shall in no way release or exonerate the CONTRACTOR or its Surety from their obligations, and notice thereof shall be waived by the Surety. The foregoing provision shall be included in the terms of the Payment Bond, Performance Bond and any bonds obtained by the Subcontractors.

Communications. The CITY shall have the right to communicate with the CONTRACTOR’s sureties with respect to matters that are related to the CONTRACTOR’s performance of its obligations under the CONTRACT DOCUMENTS. Such communications shall not create, or be interpreted as creating, any contractual relationship between the CITY and the Surety.

No limitation. The requirements of this Section pertaining to the Performance Bond and the Payment Bond shall be without limitation to any other obligations the CONTRACTOR may have under Applicable Law to provide bonding for the benefit of and to assure payment to the Subcontractors or Subconsultants performing the Work for the Project.

TERMINATION

32. Termination.

A. If CONTRACTOR should fail to comply with any of the provisions hereof, or in the event CONTRACTOR should become the subject of a proceeding under state or federal law for relief of debtors, or if CONTRACTOR makes an assignment for the benefit of creditors, CITY shall have the right to hold CONTRACTOR in default and cancel this AGREEMENT in whole or in part.

B. Should CONTRACTOR, at any time during the progress of the work, refuse or neglect to supply sufficient material or labor, or fail in compliance with any provision of this AGREEMENT, CITY shall have the right, without prejudice to any other right or remedy it may have, to provide such materials and labor, or make good such deficiencies as CITY may deem expedient after three (3) days’ notice in writing, delivered or mailed to CONTRACTOR at his last address on file with CITY, and CONTRACTOR shall be liable for the cost and expense thereof which may be deducted by CITY from any money due or that may become due CONTRACTOR.

C. Without limiting any rights which CITY may have by reason of any default by CONTRACTOR hereunder, CITY reserves the right to terminate this AGREEMENT in whole or in part at its convenience. In such event CITY shall compensate CONTRACTOR, subject to deduction for previous payments and authorized deductions: (i) by reimbursing CONTRACTOR for reasonable and necessary expenditures and costs that are actually incurred in performing under this AGREEMENT, (ii) by reimbursing CONTRACTOR for reasonable and necessary expenditures made and costs actually incurred with CITY’s prior written approval in settling or discharging outstanding commitments entered into by CONTRACTOR in performing under this AGREEMENT, and (iii) by paying CONTRACTOR as a profit, insofar as a profit is realized

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hereunder, an amount equal to the profit on the entire AGREEMENT estimated at the time of termination, multiplied by the percentage of completion of the work. In no event, however, will the compensation to CONTRACTOR exceed the total AGREEMENT price less payments previously made and less the AGREEMENT price of work not terminated. Upon receipt of any notice of termination, CONTRACTOR shall, unless the notice otherwise directs, (i) immediately discontinue the work and the placing of all orders and subcontracts in connection with this AGREEMENT, (ii) immediately cancel all existing orders and subcontracts made hereunder, and (iii) immediately transfer to CITY all materials, supplies, work-in-process, appliances, facilities, equipment, machinery, and tools acquired by CONTRACTOR in connection with the performance of this AGREEMENT.

CLAIM RESOLUTION

33. Resolution of Claims. For all claims that are Three Hundred Seventy-Five Thousand Dollars ($375,000.00) or less, the provisions of Public Contract Code Section 20104 et seq. (Article 1.5 - Resolution of Construction Claims) shall be followed.

34. Notice to Contractor of Claims. CITY shall provide notice to CONTRACTOR upon receipt of any third-party claim related to the AGREEMENT.

CONTRACT DOCUMENTS AND INTERPRETATION

35. Other Documents Included. It is further agreed by the parties hereto that the following documents are incorporated herein by reference and are to be read and construed together as the full, complete, and integrated terms of this AGREEMENT and, collectively with this AGREEMENT, may be referred to as the CONTRACT DOCUMENTS:

Notice Inviting Bids
Instructions to Bidders
General Provisions (incorporating portions of the Caltrans Standard Specifications) Special Provisions (Construction Details)
Construction Provisions (Individual Bid Items)
Proposal
Construction Plans
City Public Works Standard Plans
City Request for Change Order/Change Order
Notice to Proceed
Labor and Materials Bond
Performance Bond
Final Closeout Agreement

36. Interpretation of Incorporated Documents. In the event of any conflict, inconsistency, or incongruity between the provisions of this AGREEMENT and the provisions of any document listed in Section 35 hereof, the provisions of this AGREEMENT shall prevail unless a contrary intent is shown. The parties acknowledge that the Caltrans Standard Specifications is a document that is prepared for use in state street projects and is to be used to supplement this AGREEMENT. As used in the those Standard Specifications, “Engineer” shall refer to CITY’s Director of Public Works-City Engineer, the Attorney General shall mean the Attorney for the City, and laws that pertain exclusively to state projects or contracts shall not apply but instead those provisions pertaining to CITY projects and CITY contracts shall be applied. To the extent the Standard Specifications provide for additional procedures that are not inconsistent with the provisions of this AGREEMENT, those additional procedures shall be interpreted to supplement this AGREEMENT.

This AGREEMENT shall be interpreted as though it had been drafted by the CITY and the CONTRACTOR equally. This AGREEMENT shall be interpreted according to the laws of the State of California.

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37. Integration/No Oral Modifications. This AGREEMENT integrates all understandings of the parties. Any amendment to this AGREEMENT must be made in writing and signed by the parties with legal authority to execute the same. CONTRACTOR is aware that CITY is a general law city and that, pursuant to Government Code Section 40602, contract amendments may only be entered into by compliance with those formalities. Notwithstanding the above, requests for additional time or compensation may be made by following the procedures and using the form incorporated into this AGREEMENT. The limits of authority to enter into such amendments (change orders) shall be those provided in Section 22 of this AGREEMENT.

38. Effect of Invalidity. The invalidity in whole or in part of any provision hereof shall not affect the validity of any other provision.

MISCELLANEOUS

39. Discrimination, Minorities, Aliens. The CONTRACTOR shall not discriminate nor allow its employees, agents, principals, or subcontractors to discriminate against any employee or applicant for employment on the basis of race, religious creed, national origin, or sex. CONTRACTOR shall take affirmative steps to hire qualified minority individuals when job opportunities occur and utilize local business firms when possible and when consistent with California Constitution Article 1, Section 31 (a) [Proposition 209].

40. Equal Employment Opportunity. CONTRACTOR shall comply with all provisions of Executive Order 11246, entitled “Equal Employment Opportunity” and amended by Executive Order 11375, and as supplemented in Department of Labor Regulations (41 CFR part 60).

41. Drug-Free Work. CONTRACTOR agrees to provide a drug-free workplace in accordance with 24 CFR part 24, sub-part F. Under 24 CFR part 24, sub-part F, the CONTRACTOR will provide certification in writing that it will provide a drug-free workplace by:
(a) Publicizing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the action it will take against employees for violation of such prohibition; (b) Establishing an ongoing drug-free awareness program to inform employees about:

1. Degrees of drug abuse in the workplace;

2. The policy of maintaining a drug-free workplace;

3. Any available drug counseling, rehabilitation, and employee assistance programs; and

4. The penalties which may be imposed on employees for drug abuse violations occurring in the workplace.
(c) Making it a requirement that every employee to be engaged in the performance of the AGREEMENT be given a copy of the statement required by Subsection (a); (d) Notifying employees in the statement required by Subsection (a) that as a condition of employment under the AGREEMENT the employee will:

1. Abide by the term of the statement; and

2. Notify the employer in writing of any conviction for a violation of a criminal drug statute occurring in the workplace no later than five (5) calendar days after such conviction. (e) Notifying CITY in writing within ten (10) calendar days after receiving notice under Subsection (d)(2) from an employee or otherwise receiving actual notice of such conviction. Employer of

July 2021– City of Fountain Valley 14 | Page
said convicted employee must provide notice, including conviction title, to the CITY; (f) Taking one of the following actions, within thirty (30) calendar days of receiving notice under Subsection (d)(2), with respect to any employee who is so convicted:

1. Taking appropriate action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or

2. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency.
(g) Making a good faith effort to continue to maintain a drug-free workplace through implementation of Sections (a), (b), (c), (d), (e), and (f).

42. Permits. The CONTRACTOR shall obtain from the CITY, County, State, or other responsible public agencies all licenses and permits, and pay all fees related thereto, necessary to complete the job.

43. Assignment. No assignment by the CONTRACTOR of this AGREEMENT or any part hereof, or of funds to be received hereunder, will be recognized by the CITY unless such assignment has had prior written approval and consent of the CITY and the Surety.

44. Safety and Site Condition. CONTRACTOR shall perform all operations with due regard for safety and in strict compliance with all applicable laws relating thereto. It shall be CONTRACTOR’s responsibility to keep the site in a clean, neat, and orderly condition. It shall also be CONTRACTOR’s duty to dust-palliate all working areas and access routes, if applicable. All operations shall be conducted by CONTRACTOR so that no fire hazards are created.

45. Utility Location. CITY acknowledges its responsibilities with respect to locating facilities pursuant to California Government Code Section 4215.

46. Trenching. If this AGREEMENT involves digging trenches or other excavations that extend deeper than four feet (4’) below the surface, CONTRACTOR shall promptly, and before the following conditions are disturbed, notify the CITY in writing, of any:
(a) Material that the CONTRACTOR believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law. (b) Subsurface or latent physical conditions at the site differing from those indicated. (c) Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the AGREEMENT.

The CITY shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in the CONTRACTOR’s cost of, or the time required for, performance of any part of the work shall issue a change order in accordance with the procedures described in this AGREEMENT.

In the event that a dispute arises between the CITY and the CONTRACTOR whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the CONTRACTOR’s cost of, or time required for, performance of any part of the work, the CONTRACTOR shall not be excused from any scheduled completion date provided for by the AGREEMENT but shall proceed with all work to be

July 2021– City of Fountain Valley 15 | Page
performed under the AGREEMENT. The CONTRACTOR shall retain any and all rights provided either by this AGREEMENT or by law which pertain to the resolution of disputes and protests between the contracting parties provided that CONTRACTOR complies with Section 22 when asserting such claim.

47. Notices. The parties hereto agree that all formal notices required by this AGREEMENT may be provided to the following persons at the following addresses by sending the same by certified or registered mail as follows:

CITY: City Clerk
Fountain Valley City Hall
10200 Slater Avenue
Fountain Valley, California 92708
Wright Construction Engineering Corporation
CONTRACTOR: 2625 S Santa Fe Avenue
San Marcos, CA 92069

48. Gratuities. CONTRACTOR warrants that neither it nor any of its employees, agents, or representatives has offered or given any gratuities to CITY’s employees, agents, or representatives with a view toward securing this AGREEMENT or securing favorable treatment with respect thereto.

49. Conflict of Interest. CONTRACTOR warrants that he has no blood or marriage relationship with, and that he is not in any way associated with, any architect, engineer, or other preparer of the plans and specifications for this project.

50. Copeland "Anti-Kickback" Act. If applicable to this AGREEMENT, CONTRACTOR and its subcontractors shall comply with the provisions of the Copeland “Anti-Kickback” Act (18 U.S.C. Section 874), as supplemented in Department of Labor regulations, which Act provides that each contractor shall be prohibited from including, by any means, any person employed in the construction, completion, or repair of any public work, to give up any part of the compensation to which he is otherwise entitled.

51. Attorney’s 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 CONTRACTOR’s duty to provide CITY with a defense at CONTRACTOR’s cost when CITY receives a complaint, petition, or other pleading from a third party requiring CITY to defend itself.

52. Assignment of Rights. Pursuant to Section 7103.5 of the Public Contract Code, in entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, the contractor or subcontractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C.

Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body tenders final payment to the contractor, without further acknowledgment by the parties.

53. SCAQMD and CARB Compliance. CONTRACTOR agrees to comply with all South Coast

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Air Quality Management District (SCAQMD) and California Air Resources Board (CARB) requirements, including, but not limited to, compliance with CARB Regulations limiting idling of self-propelled diesel-fueled on-road and off-road vehicles and equipment (25 HP and up) to no more than five (5) consecutive minutes as specified in Title 13 of the California Code of Regulations, section 2449 (d)(3), Idling.

54. Mined Construction Materials. CONTRACTOR shall not purchase mined construction material except from a mining operation that is currently identified in the list published pursuant to subdivision (b) of Section 2717 of the Public Resources Code. Refer to the current 3098 list for qualified mining operations at www.consrv.ca.gov/OMR/ab_3098_list/current_list.

IN WITNESS WHEREOF, the parties hereto have entered into this AGREEMENT the date and year first above written.

ATTEST: CITY OF FOUNTAIN VALLEY

City Clerk Mayor

APPROVED AS TO FORM:

HARPER & BURNS LLP

CONTRACTOR
Name: Wright Construction Engineering Corporation
Attorneys for the City
Address: 2625 S Santa Fe Avenue
San Marcos, CA 92069
APPROVED AS TO CONTENT:

By: Wesley Wright
______________________________
Director of Public Works

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State of California )
County of _____________________________ )
On__________________________ before me, __________________________________________, Date Here insert Name and Title of the Officer
Personally appeared _______________________________________________________________ Name(s) of Signer(s)
____________________________________________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is true and correct
WITNESS my hand and official seal.

Signature____________________________________
Signature of Notary Public
A notary public or other officer completing this completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not truthfulness, accuracy, or validity of that document.

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PAYMENT BOND
PAGE 1
Bond No.

CITY OF FOUNTAIN VALLEY

PAYMENT BOND
(LABOR AND MATERIAL BOND)
KNOW ALL MEN BY THESE PRESENTS:

THAT, WHEREAS, CITY OF FOUNTAIN VALLEY, a municipal corporation, by minute order of the City Council, adopted on July 19, 2022, has awarded to
Wright Construction Engineering Corporation
2625 S Santa Fe Avenue
San Marcos, CA 92069
hereinafter designated as the “PRINCIPAL,” an AGREEMENT for the work described as follows: RFB 22- 003 Talbert Channel Storm Drain Repair Project Said AGREEMENT is fully incorporated herein by reference.

WHEREAS, said PRINCIPAL is required by the provisions of said AGREEMENT and of the Civil Code to furnish a bond in connection with said AGREEMENT, as hereinafter set forth.

NOW, THEREFORE, WE, the undersigned CONTRACTOR, as PRINCIPAL, and (Name and Address of Surety)

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hereinafter designated as the “SURETY,” duly authorized to transact business under the laws of the State of California, as SURETY, are held and firmly bound unto the City of Fountain Valley, in the penal sum of:_____________________ ($__________), said sum being not less than one hundred percent (100%) of the estimated amount payable under the terms of the AGREEMENT for which payment well and truly be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH that, if said PRINCIPAL or his subcontractors, or the heirs, executors, administrators, successors, or assigns thereof, shall fail to pay any of the persons named in Section 3181 of the Civil Code of the State of California for any materials, provisions, provender ,or other supplies used in, upon, for, or about the performance of the work contracted to be done, or for any work or labor performed by any such claimant or any amounts require deducted, withheld, and paid over to the Franchise Tax Board from the wages of employees of the CONTRACTOR and his subcontractors pursuant to Section 18806 of the Revenue and Taxation Code, with respect to such work and labor, then said SURETY will pay for the same, in an amount not exceeding the sum set forth hereinabove, and in addition, in case suit is brought upon the bond, will pay a reasonable attorney’s fee to be fixed by the court.

This bond shall inure to the benefit of any and all persons named in the aforesaid Civil Code Section 3181 so as to give a right of action to them or their assigns in any suit brought upon the bond.

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PAYMENT BOND
PAGE 2
Bond No.

Further, the said SURETY, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modification of the AGREEMENT documents or of the work to be performed thereunder shall in any way affect its obligation on this bond, and it hereby waives notice of any and all such changes, extensions of time, and alterations or modifications of the AGREEMENT documents and/or of the work to be performed thereunder.

IN WITNESS WHEREOF, we have hereunto set our hands and seals this ________ day of ________ , 2022.

CONTRACTOR
Wright Construction Engineering Corporation
2625 S Santa Fe Avenue
San Marcos, CA 92069

PRINCIPAL
By:

Company Representative
In accordance with the AGREEMENT for RFB 22-003 Talbert Channel Storm Drain Repair Project, all bonds shall have been issued by an admitted surety insurer, and the CITY reserves the right to object to any such surety, in accordance with Code of Civil Procedure Section 995.660.

By signing below, SURETY certifies that the bonds are issued by admitted surety.

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SURETY
By:

Company Representative
APPROVED AS TO FORM:

HARPER & BURNS LLP
Colin Burns, Attorneys for the City
City of Fountain Valley
By /s/

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FAITHFUL PERFORMANCE BOND
PAGE 1
Bond No.

CITY OF FOUNTAIN VALLEY

FAITHFUL PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:

THAT, WHEREAS, CITY OF FOUNTAIN VALLEY, a municipal corporation, by minute order of the City Council, adopted on July 19, 2022, has awarded to
Wright Construction Engineering Corporation
2625 S Santa Fe Avenue
San Marcos, CA 92069
hereinafter designated as the “PRINCIPAL,” an AGREEMENT for the work described as follows: RFB 22- 003 Talbert Channel Storm Drain Repair Project
Said AGREEMENT is fully incorporated herein by reference.

WHEREAS, the said PRINCIPAL is required under the terms of said AGREEMENT to furnish a bond for the faithful performance of said AGREEMENT.

NOW, THEREFORE, WE, the undersigned CONTRACTOR, as PRINCIPAL, and (Name and Address of Surety)

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hereinafter designated as the “SURETY,” duly authorized to transact business under the laws of the State of California, as SURETY, are held and firmly bound unto the City of Fountain Valley, in the penal sum of:
___________________ ($______________), said sum being not less than one hundred percent (100%) of the estimated amount payable under the terms of the AGREEMENT for which payment well and truly be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH that, if the above burden PRINCIPAL, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and perform all the undertakings, terms, covenants, conditions, and agreements in the said AGREEMENT and any alteration thereof made as therein provided, on his or their part, to be kept and performed, at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Fountain Valley, its officers, and its agents, as therein stipulated, then this obligation shall become null and void, otherwise it shall be and remain in full force and virtue.

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FAITHFUL PERFORMANCE BOND
PAGE 2
Bond No.

In case suit is brought upon this bond, each party shall bear its own costs and attorney fees.

And the said SURETY, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the AGREEMENT or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the AGREEMENT or to the work or to the specifications.

IN WITNESS WHEREOF, we have hereunto set our hands and seals this _________ day of____________, 2022.

CONTRACTOR
Wright Construction Engineering Corporation
2625 S Santa Fe Avenue
San Marcos, CA 92069

PRINCIPAL
By:

Company Representative
RFB 22-003 Talbert Channel Storm Drain Repair Project, all bonds shall have been issued by an admitted surety insurer, and the CITY reserves the right to object to any such surety, in accordance with Code of Civil Procedure Section 995.660.

By signing below, SURETY certifies that the bonds are issued by admitted surety.

July 2021– City of Fountain Valley 25 | Page
SURETY
By:

Company Representative
APPROVED AS TO FORM:

HARPER & BURNS LLP
Colin Burns, Attorneys for the City
City of Fountain Valley
By /s/

July 5, 2022
Mr. Kyle Hilton
Associate Engineer

CITY OF FOUNTAIN VALLEY
10200 Slaver Avenue
Fountain Valley, CA 92708 GMU Proposal No. P-22167
Subject: Proposal for Geotechnical Observation and Testing Services – Talbert Channel Storm Drain Repair Project, City of Fountain Valley, California
References: Talbert Channel Storm Drain Repair Project, Request for Bid, prepared by City of Fountain Valley, dated May 31, 2022.

Storm Drain & Channel Outlet Repair, Talbert Channel (OCFCD Facility D02- 1103.01), CIP# DF997, repair plans prepared by Huitt-Zollars.

Dear Mr. Hilton:

GMU is pleased to present this proposal to provide geotechnical observation and testing services for the Talbert Channel Storm Drain Repair Project. This project is located in the City of Fountain Valley, California.

SCOPE OF SERVICES
Our services will consist of as-requested geotechnical observation and testing of soil and pavement materials. The following bullets summarize our proposed scope of services:
• Geotechnical Observation and Testing:
o Observation of removals/trench excavations, and placement of compacted fill. o In-situ testing of compacted fill.
o Supporting laboratory testing of soil and pavement materials used. o Assume 32 hours Senior Engineering Technician.
o Assume 8 hours Laboratory Testing.
• Office Support and Project Management:
o Engineering oversight for quality assurance.
o Staff engineering support for field personnel.
o Preparation of a final construction report is not considered in our budget.

Mr. Kyle Hilton, CITY OF FOUNTAIN VALLEY
Proposal for Geotechnical Observation and Testing Services – Talbert Channel Storm Drain Repair Project July 5, 2022 2 GMU Proposal No. P-22167

ESTIMATED FEE
The cost estimate below is based on the above scope of work, the above assumptions of hours required for each task, and our existing on-call contract and fee schedule (fee schedule is attached).

City of Fountain Valley
Talbert Channel Storm Drain Repair Project
ESTIMATED NOT-TO-EXCEED TOTAL (TIME-AND-MATERIALS) $6,454.00 Our services are provided on an as-requested basis, not to exceed this amount without written authorization. All costs will be billed for actual work performed on a time-and-material basis in accordance with our existing on-call contract and fee schedule. Please notify us immediately if the proposed scope of services does not meet your current needs, or if any significant changes are made to the proposed project limits so that we can revise our scope of services. Revision of the scope of services may affect the estimated fee. Please note our services are provided in conjunction with the contractor’s schedule; and any changes in their schedule will affect our cost. The proposed scope of services is consistent with the level of care and skill ordinarily exercised by engineering professionals with experience in this area. No warranty, either expressed or implied, is made.

Please do not hesitate to call if you have any questions regarding this information.

Respectfully submitted,
GMU
Scott Ward
Project Engineer
Roger W. Schlierkamp, MS, PE C81529
Director of Pavement Engineering
Attachment:
• City of Fountain Valley, GMU On-Call Fee Schedule (5/17/22-5/16/25) sw/P-22167 (7-5-22

2021 SCHEDULE OF CHARGES

PROFESSIONAL SERVICES
Document Preparation and Project Services $ 97.00/hour
CAD/GIS Design Engineer $ 118.00/hour
Staff Engineer or Geologist $ 152.00/hour
Senior Staff Engineer or Geologist $ 175.00/hour
Project Engineer or Geologist $ 195.00/hour
Senior Engineer or Geologist $ 230.00/hour
Associate Engineer or Geologist $ 245.00/hour
Principal/Director $ 270.00/hour

FIELD INSPECTION & TESTING SERVICES
Staff Engineering Technician $ 105.00/hour*
• Services provided under direct supervision of a Senior Engineering Technician Senior Engineering Technician $ 118.00/hour*
• Inspections for soils/grading, asphalt, concrete, batch plants, piles/caissons, etc. • Certifications by ACI, ICC, Caltrans, local jurisdictions, etc.

Registered Special Inspector (No 4-hour minimum) $ 118.00/hour* • Certifications by ACI, ICC, Caltrans, local jurisdictions, etc. • Reinforced concrete, Post-Tension, Masonry, Welding, Bolting, Fireproofing Instrumentation Engineer $ 150.00/hour
• Slope inclinometer and Piezometer monitoring
• Manometer for floor-level surveys
• Stormwater turbidity & pH meter
• Groundwater monitoring - pressure transducer, datalogger, water chemistry meter, etc. • Pipeline video camera for drains, wells, etc.

Engineering Seismological Technician (includes 3-channel seismograph) $ 150.00/hour • Blast vibration monitoring
• Construction vibration & noise monitoring (pile driving, drilling, demolition, etc.) *Notes:
(1) Rates include vehicle, nuclear density gauge, and equipment for testing, inspection, and sampling. (2) No 4-hour minimum charges apply.
(3) Overtime is charged at 1.5 times the base rate. Overtime is defined as time worked on the project in excess of 8 hours per day and all time on Saturdays, Sundays, and holidays. (4) Additional hourly surcharge for Prevailing Wage projects for Field Personnel per CA Labor Code §1720, et seq. Add $ 27.00/hour

LABORATORY TESTING SERVICES
Laboratory Testing $ 122.00/hour
(For special materials testing and laboratory costs on a per-test basis, see GMU’s Laboratory Fee Schedule)

OTHER CHARGES
Outside Services Cost + 15%
Reimbursables & Reprographics Cost

CITY OF FOUNTAIN VALLEY

CITY COUNCIL

COUNCIL ACTION REQUEST
To: Honorable Mayor and Agenda Date: July 19, 2022
Members of the City Council
SUBJECT: Review Need for Continuing Local Emergency Due to the Omni Metals HazMat Fire
EXECUTIVE SUMMARY:

The fire at Omni Metals, located at 11665 Coley River Circle, resulted in water runoff that included hazardous materials on Coley River Circle. On May 3, 2022, the City Council, at the recommendation of Staff, declared the existence of a Local Emergency. This item is a review of the need for continuing the local emergency.

LEGAL BACKGROUND:

The California Emergency Services Act provides that a local emergency may be proclaimed by the City Council (Gov Code 8630.) Whenever a local emergency has been proclaimed, the City Council reviews the need for continuing the local emergency at least once every 60 days until the City Council terminates the local emergency (Gov Code 8630). The City Council proclaims the termination of the local emergency at the earliest possible date that conditions warrant (Gov Code 8630).

OMNI METALS HAZMAT FIRE:

The fire at Omni Metals, located at 11665 Coley River Circle, occurred on April 20, 2022.

The fire resulted in water runoff that included hazardous materials on Coley River Circle.

Within hours of the fire, the third-party vendor began remediation of the spill. By April 22, 2022, approximately 48-hours after the incident occurred, all public areas along Newhope Street, the full length of Coley River Circle, and the storm drain facility extending to Euclid Street and Grace Avenue were declared safe for both public pedestrian and vehicular traffic by the Orange County Public Health Department and the third party clean up vendor.

Soil samples from the water valve risers and meters from Coley River, where the hazardous materials incident occurred, came back with high levels of cyanide and other heavy metals. The City will work with a third-party vendor to perform additional soil

City Council Request
Review of Need to Continue Local Emergency
July 19, 2022

samples to isolate the extent of the soil contamination. The City will continue to monitor and conduct additional remediation as needed. The surface-level streets and public right of way remain safe for vehicle and pedestrian travel. There is no impact on potable water and storm drain water quality. The following table provides a summary of important milestones regarding the response and remediation:

Date Action
April 20-22,
2022
 The Public Works crew responded to an emergency dispatch call for assistance with fire operation containment at 4:45 a.m.  PW crew was on-site by 5:30 a.m. to assist with the fire-fighting operation for traffic control and contaminated water containment  PW crews on standby 24/7 to assist with traffic control, road closures, and assist with remediation efforts by constructing containment dams
 Sewer/Storm Drain crews oversaw cleanup efforts of our storm drain system
 Water crew directed Ocean Blue to take soil samples on all water valves and meters that were under contaminated water
April 22, 2022  Coley River Cir was declared safe by Ocean Blue, the third-party clean-up vendor, and OC PW
 Ocean Blue, the remediation contractor took soil samples from all the water valves since they’ve been under contaminated water for 3 days
April 26, 2022  Fire Marshall Michelle Rudaitis informed Public Works Director that the soil sample tests came back with levels of toxic substances of concern.
 PW Director informed the Public Works crew not to perform any maintenance on Coley River Cir until further notice
May 5, 2022  Finance generated a PO for Ocean Blue to start additional soil investigation to identify the extent of the soil contamination.  Ocean Blue called for Dig-Alert. Utility marking was completed on May 6.

May 10, 2022  PW staff marked in the field the locations for soil samples  Ocean Blue will take soil samples by hand auger to protect the utilities
May 17, 2022  Ocean Blue was given the notice to proceed with soil sampling with a no-fee permit from Engineering. (Update: Ocean Blue was heavily tied up with the building interior hazmat remediation and did not begin the soil sampling work when the Public Works Director informed them to stop work pending Omni Metal
declaring voluntary clean-up.)

City Council Request
Review of Need to Continue Local Emergency
July 19, 2022

June 21, 2022  City of Fountain Valley Fire and Public Work was invited to a field meeting at Omni Metal with State Water Board, Environmental Protection Agency, OC Public Works, OC Health, Omni Metal owner, and Omni Metal’s insurance adjuster. The meeting was very productive and Omni Metal is willing to do a voluntary cleanup with the Stage regulators. This option will put the burden of clean-up and preparation of a work plan on the responsible party, Omni Metal. Ocean Blue was informed not to proceed with soil sampling in anticipation of Omni Metal declaring voluntary cleanup.

June 30, 2022  Ocean Blue removed all containers along Grace Street. The street is also swept/cleaned.

Public Works continues to collaborate with Orange County Public Works (OCPW) and Orange County Health (OC Health). Public Works is working directly with a third-party vendor recommended by the OCPW/OC Health to identify the extent of soil contamination. The contaminated water covered the potable water supply pipe valves and saturated the soil around the City’s potable water lines. After Dig-Alert utility marking, the Public Work/Water Division identified the soil sample locations. The vendor was given the authorization to proceed with a no-fee permit from the Engineering Division on May 17, 2022. However, pending Omni Metal declaring voluntary clean-up, the vendor was notified not to proceed with the soil sampling work.

Omni Metal will be responsible for acquiring environmental professionals to prepare the Work Plan under the State Water Resources Control Board and EPA’s oversight. The City will provide input into the preparation of the Work Plan to address the necessary work to protect City’s employees and infrastructure. The Work Plan will identify how to proceed with soil sampling and what remediation may be needed.

City’s water supply and water quality remain safe from the potentially contaminated soil as our water system is under pressure.

The Fire Department remains in active communication with the owners of Omni Metals as well as the Environmental Protection Agency (EPA) and Orange County Health (OCH) to oversee property and building cleanup. The owners have contracted with the same third party vendor (Ocean Blue) that is being used by public works for soil remediation.

The FVFD Fire Marshal remains the liaison to the owners as it relates to the building clean up and will remain in that role until the building is clean and the fire sprinkler system has been restored. Additionally, the Fire Marshal is in regular communication with FV Public Works. The building remains on overnight fire watch by a third party security vendor.

Progress to this point has been acceptable. Finally, Fire Marshal Rudaitis reported that major structural repairs caused by the fire would need to be addressed to bring the building back to both building and fire code acceptability.

City Council Request
Review of Need to Continue Local Emergency
July 19, 2022

ATTORNEY REVIEW:

The Attorney for the City prepared this staff report, with the Fire Chief and Director of Public Works.

ALTERNATIVES:

Alternative No. 1: Review and approve the continued need for the Proclamation of Local Emergency due to the Omni Metals HazMat Fire.

Alternative No. 2: Find that there is no need to continue the Local Emergency, in which case the emergency will terminate and Staff will prepare a resolution for Council approval at the next Council Meeting ratifying the termination of the local emergency.

RECOMMENDATION:

Staff recommends that the City Council approve Alternative No. 1: Approve the continued need for the Proclamation of Local Emergency due to the Omni Metals HazMat Fire. This is the recommended action because remediation continues and the declaration of local emergency provides the City with additional liability protection, the ability to take extraordinary action of the need arises, and may provide additional advantages in seeking cost recovery.

Prepared by: Colin Burns, Attorney for the City
Prepared by: Hye Jin Lee, Director of Public Works
Prepared by: Ron Cookston, Fire Chief
Approved by: Maggie Le, City Manager

CITY OF FOUNTAIN VALLEY

CITY COUNCIL

COUNCIL ACTION REQUEST
TO: Honorable Mayor and Agenda Date: July 19, 2022
Members of the City Council
SUBJECT: Adopt a Resolution to effect certain changes to the City’s Master Salary Schedule in conformance with Title 2 of the California Code of Regulations section 570.5 and the California Public Employees’ Retirement System.

EXECUTIVE SUMMARY:

Adopt a Resolution to effect certain changes to the City’s Master Salary Schedule for all represented and unrepresented employee classifications of the City of Fountain Valley, covered by the City’s Classification and Compensation Plan, to conform with Title 2 of the California Code of Regulations Section 570.5, listing all employee pay rates on a publicly available master salary schedule approved and adopted by City Council and superseding all provisions contained in Resolution No. 9827, and all subsequent salary schedule resolutions, which pertain to the Classification and Compensation of city employees.

DISCUSSION:

The City Council of the City of Fountain Valley establishes a basic compensation plan for City employees in all of the classifications of employment.

Adoption of this Resolution (Attachment 1) will supersede all provisions contained in Resolution No. 9827, with the following changes to the City’s Master Salary Schedule:

1. Compensation for the new City Manager approved by Council on June 7, 2022, with an effective date of June 11, 2022.

2. Classification and compensation workforce changes approved in the fiscal year 2022-2023 budget approved by Council on June 21, 2022.

3. Contractual cost of living increases (COLA) for designated represented and unrepresented employees effective July 1, 2022 approved by Council on June 28, 2021.

Adoption of this Resolution (Exhibit 1) will comply with CalPERS’ interpretation of the requirements of Title 2 of the California Code of Regulations section 570.5 by affirming the City’s Master Salary Schedule already on the City’s website and publically available

City Council Request
Resolution to Approve City’s Salary Schedule
July 19, 2022

and representing all previously approved actions on individual employee classifications set forth as part of the salary schedule.

FINANCIAL ANALYSIS:

There is no fiscal impact associated with this item.

ATTORNEY REVIEW:

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

ALTERNATIVES:

Alternative No.1: Adopt a Resolution effecting changes to the City’s Master Salary Schedule.

Alternative No. 2: Do not adopt a Resolution effecting changes to the City’s Master Salary Schedule, and provide direction to staff.

RECOMMENDATION:

Staff recommends the City Council approve proposed by adopting the attached Resolution, which amends the City’s Salary Schedule to reflect these changes.

Prepared By: Carrie Hanes, Human Resources Director
Approved By: Maggie Le, City Manager

Attachment 1: Master Salary Schedule Resolution

- 1 -
ATTACHMENT 1
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

FOUNTAIN VALLEY RELATING TO THE

CLASSIFICATION AND COMPENSATION

COMPREHENSIVE SALARY SCHEDULE OF CITY

EMPLOYEES AND SUPERSEDING ALL PROVISIONS
CONTAINED IN RESOLUTION NO. 9827 AND ALL

SUBSEQUENT SALARY SCHEDULE RESOLUTIONS,

WHICH PERTAIN TO THE CLASSIFICATION AND
COMPENSATION OF CITY EMPLOYEES.

WHEREAS, the City Council of the City of Fountain Valley hereby establishes a basic compensation plan for City employees in all of the classifications of employment as described in this resolution; and
WHEREAS, representatives of the City Council and the City Manager or the City Manager and representatives of the bargaining groups and unrepresented units noted below periodically negotiate in good faith to reach agreement on benefits and compensation pursuant to Government Code Section 3500 et seq; and Employee Unit Name
Fountain Valley Firefighters’ IAFF Local 4530
Individually Represented Battalion Chiefs
Fountain Valley Police Officers’ Association
Police Officers’ Management Unit
Professional/Technical Unit
Fountain Valley General Employees’ Association
Fountain Valley Municipal Employees’ Association
Individually Represented Professional/Technical Employees Administrative Officers
Part-Time Employees
WHEREAS, the City maintains a comprehensive salary resolution of each paid City classification and their corresponding salary range; and

- 2 -
WHEREAS, the comprehensive salary resolution is updated periodically to include any negotiated adjustments to the salary range for a classification, title changes to an existing classification, reclassification or deletion of existing classifications, or new classifications; and
WHEREAS, the compensation for the new City Manager was approved by Council on June 7, 2022 for the effective date of June 11, 2022; and WHEREAS, the classification and compensation workforce changes approved in the fiscal year 2022-2023 budget on June 21, 2022.

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

SECTION 1. The salary ranges as specified in Exhibit 1 for paid City classifications for employees are hereby established.

SECTION 2. Effective Date: Pay Period including 7/1/2022, all provisions shall be effective as noted in Exhibit 1 for each classification.

PASSED AND ADOPTED by the City Council of the City of Fountain Valley at a regular meeting on this 19th day of July 2022.
__________________________
Patrick Harper, Mayor
ATTEST:
__________________________

- 3 -
City Clerk

APPROVED AS TO FORM
__________________________
Colin Burns
Attorneys for the City
Attachment: Exhibit 1

Bargaining Unit Codes:

POA: Fountain Valley Police Officers' Association
POMU: Fountain Valley Peace Officers' Management Unit
FVFA: Fountain Valley Firefighters' Association IAFF Local 4530 BC: Individually Represented Battalion Chiefs
P&T: Professional/Technical Unit
IRP&T: Individually Represented Professional/Technical Employee FVGEA: Fountain Valley General Employees' Association
FVMEA: Fountain Valley Municipal Employees' Association DD: Department Directors (non-represented)
PT: Part-time employees (non-represented)
Bargaining Unit Effective Date Class Code Classification Type Step 1 Step 2 Step 3 Step 4 Step 5 POA 7/1/2022 008 Corporal Annual $90,423.02 $94,944.17 $99,691.38 $104,675.95 $109,909.75 Monthly . $7,535.25 $7,912.01 $8,307.62 $8,723.00 $9,159.15 Bi-weekly $3,477.81 $3,651.70 $3,834.28 $4,026.00 $4,227.30 Hourly $43.47 $45.65 $47.93 $50.32 $52.84
POA 7/1/2022 004 Police Officer Annual $86,109.37 $90,411.96 $94,930.40 $99,679.08 $104,672.38 Monthly $7,175.78 $7,534.33 $7,910.87 $8,306.59 $8,722.70 Bi-weekly $3,311.90 $3,477.38 $3,651.17 $3,833.81 $4,025.86 Hourly $41.40 $43.47 $45.64 $47.92 $50.32
POA 7/1/2022 003 Police Sergeant Annual $111,147.86 $116,702.38 $122,544.69 $128,674.80 $135,107.10 Monthly $9,262.32 $9,725.20 $10,212.06 $10,722.90 $11,258.93 Bi-weekly $4,274.92 $4,488.55 $4,713.26 $4,949.03 $5,196.43 Hourly $53.44 $56.11 $58.92 $61.86 $64.96
Bargaining Unit Effective Date Class Code Classification Type Step 1 Step 2 Step 3 Step 4 Step 5 POMU 7/1/2022 002 Police Lieutenant Annual $136,205.22 $143,018.05 $150,165.10 $157,672.07 $165,551.82 Monthly $11,350.44 $11,918.17 $12,513.76 $13,139.34 $13,795.98 Bi-weekly $5,238.66 $5,500.69 $5,775.58 $6,064.31 $6,367.38 Hourly $65.48 $68.76 $72.19 $75.80 $79.59
POMU 7/1/2022 001 Police Captain Annual $155,409.70 $163,173.75 $171,336.30 $179,897.33 $188,895.41 Monthly $12,950.81 $13,597.81 $14,278.02 $14,991.44 $15,741.28 Bi-weekly $5,977.30 $6,275.91 $6,589.86 $6,919.13 $7,265.21 Hourly $74.72 $78.45 $82.37 $86.49 $90.82
Bargaining Unit Effective Date Class Code Classification Type Step 1 Step 2 Step 3 Step 4 Step 5 FVFA 7/1/2022 F03 Firefighter Annual $77,589.11 $81,468.57 $85,542.00 $89,819.10 $94,310.05 Monthly $6,465.76 $6,789.05 $7,128.50 $7,484.92 $7,859.17 Bi-weekly $2,984.20 $3,133.41 $3,290.08 $3,454.58 $3,627.31 Hourly $26.64 $27.98 $29.38 $30.84 $32.39
FVFA 7/1/2022 F04 Firefighter/Paramedic Annual $88,839.54 $93,281.51 $97,945.59 $102,842.87 $107,985.01 Monthly $7,403.29 $7,773.46 $8,162.13 $8,570.24 $8,998.75 Bi-weekly $3,416.91 $3,587.75 $3,767.14 $3,955.49 $4,153.27 Hourly $30.51 $32.03 $33.64 $35.32 $37.08
FVFA 7/1/2022 F02 Fire Engineer Annual $89,727.93 $94,214.33 $98,925.04 $103,871.30 $109,064.86 Monthly $7,477.33 $7,851.19 $8,243.75 $8,655.94 $9,088.74 Bi-weekly $3,451.07 $3,623.63 $3,804.81 $3,995.05 $4,194.80 Hourly $30.81 $32.35 $33.97 $35.67 $37.45
FVFA 7/1/2022 F01 Fire Captain Annual $103,937.68 $109,134.56 $114,591.29 $120,320.85 $126,336.89 Monthly $8,661.47 $9,094.55 $9,549.27 $10,026.74 $10,528.07 Bi-weekly $3,997.60 $4,197.48 $4,407.36 $4,627.73 $4,859.11 Hourly $35.69 $37.48 $39.35 $41.32 $43.38
FVFA 7/1/2022 F06 Administrative Fire Captain Annual $124,140.21 $130,347.22 $136,864.59 $143,707.81 $150,893.21 Monthly $10,345.02 $10,862.27 $11,405.38 $11,975.65 $12,574.43 Bi-weekly $4,774.62 $5,013.35 $5,264.02 $5,527.22 $5,803.58 Hourly $59.68 $62.67 $65.80 $69.09 $72.54
IRBCs Effective Date Class Code Classification Type Step 1 Step 2 Step 3 Step 4 Step 5 BC 7/1/2022 P23 Battalion Chief Annual $145,301.43 $152,566.50 $160,194.83 $168,204.57 $176,614.80 Monthly $12,108.45 $12,713.88 $13,349.57 $14,017.05 $14,717.90 Bi-weekly $5,588.52 $5,867.94 $6,161.34 $6,469.41 $6,792.88 Hourly $49.90 $52.39 $55.01 $57.76 $60.65
BC 7/1/2022 P56 Division Chief Annual $158,378.56 $166,297.49 $174,612.36 $183,342.98 $192,510.13 Monthly $13,198.21 $13,858.12 $14,551.03 $15,278.58 $16,042.51 Bi-weekly $6,091.48 $6,396.06 $6,715.86 $7,051.65 $7,404.24 Hourly $54.39 $57.11 $59.96 $62.96 $66.11
Bargaining Unit Effective Date Class Code Classification Type Step 1 Step 2 Step 3 Step 4 Step 5 P&T 7/1/2022 P57 Building Official Annual $130,455.02 $136,977.77 $143,826.66 $151,017.99 $158,568.89 Monthly $10,871.25 $11,414.81 $11,985.56 $12,584.83 $13,214.07 Bi-weekly $5,017.50 $5,268.38 $5,531.79 $5,808.38 $6,098.80 Hourly $62.72 $65.85 $69.15 $72.60 $76.24
P&T 7/1/2022 P09 Community Services Supervisor Annual $78,513.19 $82,438.85 $86,560.79 $90,888.83 $95,433.28 Monthly $6,542.77 $6,869.90 $7,213.40 $7,574.07 $7,952.77 Bi-weekly $3,019.74 $3,170.73 $3,329.26 $3,495.72 $3,670.51 Hourly $37.75 $39.63 $41.62 $43.70 $45.88
P&T 7/1/2022 P46 Crime Analyst Annual $80,596.56 $84,626.39 $88,857.71 $93,300.59 $97,965.62 Monthly $6,716.38 $7,052.20 $7,404.81 $7,775.05 $8,163.80 Bi-weekly $3,099.87 $3,254.86 $3,417.60 $3,588.48 $3,767.91 Hourly $38.75 $40.69 $42.72 $44.86 $47.10
P&T 7/1/2022 P50 Deputy Public Works Director/City Annual $147,107.46 $154,462.83 $162,185.97 $170,295.27 $178,810.03 Engineer Monthly $12,258.95 $12,871.90 $13,515.50 $14,191.27 $14,900.84 Bi-weekly $5,657.98 $5,940.88 $6,237.92 $6,549.82 $6,877.31 Hourly $70.72 $74.26 $77.97 $81.87 $85.97
P&T 7/1/2022 P55 Emergency Medical Services Annual $116,353.40 $122,171.07 $128,279.62 $134,693.61 $141,428.29 Manager Monthly $9,696.12 $10,180.92 $10,689.97 $11,224.47 $11,785.69 Bi-weekly $4,475.13 $4,698.89 $4,933.83 $5,180.52 $5,439.55 Hourly $55.94 $58.74 $61.67 $64.76 $67.99
P&T 7/1/2022 P20 Engineering Associate Annual $99,596.87 $104,576.71 $109,805.55 $115,295.83 $121,060.62 Monthly $8,299.74 $8,714.73 $9,150.46 $9,607.99 $10,088.38 Bi-weekly $3,830.65 $4,022.18 $4,223.29 $4,434.45 $4,656.18 Hourly $47.88 $50.28 $52.79 $55.43 $58.20
P&T 7/1/2022 P31 Environmental Services Annual $102,358.82 $107,476.76 $112,850.60 $118,493.13 $124,417.79 Administrator Monthly $8,529.90 $8,956.40 $9,404.22 $9,874.43 $10,368.15 Bi-weekly $3,936.88 $4,133.72 $4,340.41 $4,557.43 $4,785.30 Hourly $49.21 $51.67 $54.26 $56.97 $59.82
City of Fountain Valley Salary Resolution

P&T 7/1/2022 P25 Field Services Manager Annual $142,462.67 $149,585.80 $157,065.09 $164,918.35 $173,164.26 Monthly $11,871.89 $12,465.48 $13,088.76 $13,743.20 $14,430.36 Bi-weekly $5,479.33 $5,753.30 $6,040.97 $6,343.01 $6,660.16 Hourly $68.49 $71.92 $75.51 $79.29 $83.25
P&T 7/1/2022 P48 Fire Marshal Annual $115,501.89 $121,276.99 $127,340.84 $133,707.88 $140,393.27 Monthly $9,625.16 $10,106.42 $10,611.74 $11,142.32 $11,699.44 Bi-weekly $4,442.38 $4,664.50 $4,897.72 $5,142.61 $5,399.74 Hourly $55.53 $58.31 $61.22 $64.28 $67.50
P&T 7/1/2022 P05 Housing Coordinator Annual $101,537.38 $106,614.25 $111,944.96 $117,542.21 $123,419.32 Monthly $8,461.45 $8,884.52 $9,328.75 $9,795.18 $10,284.94 Bi-weekly $3,905.28 $4,100.55 $4,305.58 $4,520.85 $4,746.90 Hourly $48.82 $51.26 $53.82 $56.51 $59.34
P&T 7/1/2022 P10 Information Technology Manager Annual $124,240.13 $130,452.14 $136,974.75 $143,823.48 $151,014.66 Monthly $10,353.34 $10,871.01 $11,414.56 $11,985.29 $12,584.55 Bi-weekly $4,778.47 $5,017.39 $5,268.26 $5,531.67 $5,808.26 Hourly $59.73 $62.72 $65.85 $69.15 $72.60
P&T 7/1/2022 P41 Internal Services Supervisor Annual $92,656.28 $97,289.09 $102,153.55 $107,261.23 $112,624.29 Monthly $7,721.36 $8,107.42 $8,512.80 $8,938.44 $9,385.36 Bi-weekly $3,563.70 $3,741.89 $3,928.98 $4,125.43 $4,331.70 Hourly $44.55 $46.77 $49.11 $51.57 $54.15
P&T 7/1/2022 P01 Management Analyst Annual $80,596.56 $84,626.39 $88,857.71 $93,300.59 $97,965.62 Monthly $6,716.38 $7,052.20 $7,404.81 $7,775.05 $8,163.80 Bi-weekly $3,099.87 $3,254.86 $3,417.60 $3,588.48 $3,767.91 Hourly $38.75 $40.69 $42.72 $44.86 $47.10
P&T 7/1/2022 P02 Management Specialist Annual $72,536.90 $76,163.75 $79,971.94 $83,970.53 $88,169.06 Monthly $6,044.74 $6,346.98 $6,664.33 $6,997.54 $7,347.42 Bi-weekly $2,789.88 $2,929.37 $3,075.84 $3,229.64 $3,391.12 Hourly $34.87 $36.62 $38.45 $40.37 $42.39
P&T 7/1/2022 P07 Principal Planner Annual $114,680.45 $120,414.47 $126,435.20 $132,756.96 $139,394.81 Monthly $9,556.70 $10,034.54 $10,536.27 $11,063.08 $11,616.23 Bi-weekly $4,410.79 $4,631.33 $4,862.89 $5,106.04 $5,361.34 Hourly $55.13 $57.89 $60.79 $63.83 $67.02
P&T 7/1/2022 P07A Principal Planner (new hire) Annual $113,013.76 $118,664.45 $124,597.67 $130,827.55 $137,368.93 Monthly $9,417.81 $9,888.70 $10,383.14 $10,902.30 $11,447.41 Bi-weekly $4,346.68 $4,564.02 $4,792.22 $5,031.83 $5,283.42 Hourly $54.33 $57.05 $59.90 $62.90 $66.04
P&T 7/1/2022 P35 Principal Civil Engineer Annual $119,513.86 $125,489.56 $131,764.04 $138,352.24 $145,269.85 Monthly $9,959.49 $10,457.46 $10,980.34 $11,529.35 $12,105.82 Bi-weekly $4,596.69 $4,826.52 $5,067.85 $5,321.24 $5,587.30 Hourly $57.46 $60.33 $63.35 $66.52 $69.84
P&T 7/1/2022 P42 Public Services Supervisor Annual $92,656.28 $97,289.09 $102,153.55 $107,261.23 $112,624.29 Monthly $7,721.36 $8,107.42 $8,512.80 $8,938.44 $9,385.36 Bi-weekly $3,563.70 $3,741.89 $3,928.98 $4,125.43 $4,331.70 Hourly $44.55 $46.77 $49.11 $51.57 $54.15
P&T 7/1/2022 P03A Purchasing Manager Annual $95,263.47 $100,026.64 $105,027.97 $110,279.37 $115,793.34 Monthly $7,938.62 $8,335.55 $8,752.33 $9,189.95 $9,649.44 Bi-weekly $3,663.98 $3,847.18 $4,039.54 $4,241.51 $4,453.59 Hourly $45.80 $48.09 $50.49 $53.02 $55.67
P&T 7/1/2022 P08 Recreation and Community Annual $106,977.94 $112,326.84 $117,943.18 $123,840.34 $130,032.36 Services Manager Monthly $8,914.83 $9,360.57 $9,828.60 $10,320.03 $10,836.03 Bi-weekly $4,114.54 $4,320.26 $4,536.28 $4,763.09 $5,001.24 Hourly $51.43 $54.00 $56.70 $59.54 $62.52
P&T 7/1/2022 P34 Senior Civil Engineer Annual $109,561.32 $115,039.39 $120,791.36 $126,830.92 $133,172.47 Monthly $9,130.11 $9,586.62 $10,065.95 $10,569.24 $11,097.71 Bi-weekly $4,213.90 $4,424.59 $4,645.82 $4,878.11 $5,122.02 Hourly $52.67 $55.31 $58.07 $60.98 $64.03
P&T 7/1/2022 P53 Senior Planner Annual $100,655.77 $105,688.56 $110,972.99 $116,521.64 $122,347.72 Monthly $8,387.98 $8,807.38 $9,247.75 $9,710.14 $10,195.64 Bi-weekly $3,871.38 $4,064.94 $4,268.19 $4,481.60 $4,705.68 Hourly $48.39 $50.81 $53.35 $56.02 $58.82
P&T 7/1/2022 P30 Sewer/Storm Drain Supervisor Annual $100,068.78 $105,072.22 $110,325.83 $115,842.13 $121,634.23 Monthly $8,339.07 $8,756.02 $9,193.82 $9,653.51 $10,136.19 Bi-weekly $3,848.80 $4,041.24 $4,243.30 $4,455.47 $4,678.24 Hourly $48.11 $50.52 $53.04 $55.69 $58.48
P&T 7/1/2022 P06 Support Services Manager Annual $96,108.72 $100,914.15 $105,959.86 $111,257.86 $116,820.75 Monthly $8,009.06 $8,409.51 $8,829.99 $9,271.49 $9,735.06 Bi-weekly $3,696.49 $3,881.31 $4,075.38 $4,279.15 $4,493.11 Hourly $46.21 $48.52 $50.94 $53.49 $56.16
P&T 7/1/2022 P54 Support Services Supervisor Annual $78,513.19 $82,438.85 $86,560.79 $90,888.83 $95,433.28 Monthly $6,542.77 $6,869.90 $7,213.40 $7,574.07 $7,952.77 Bi-weekly $3,019.74 $3,170.73 $3,329.26 $3,495.72 $3,670.51 Hourly $37.75 $39.63 $41.62 $43.70 $45.88
P&T 7/1/2022 P21 Water Supervisor Annual $100,068.78 $105,072.22 $110,325.83 $115,842.13 $121,634.23 Monthly $8,339.07 $8,756.02 $9,193.82 $9,653.51 $10,136.19 Bi-weekly $3,848.80 $4,041.24 $4,243.30 $4,455.47 $4,678.24 Hourly $48.11 $50.52 $53.04 $55.69 $58.48
IRP&T Effective Date Class Code Classification Type Step 1 Step 2 Step 3 Step 4 Step 5 IRP&T 7/1/2022 P12 Accounting Manager Annual $108,500.35 $113,925.37 $119,621.64 $125,602.72 $131,882.85 Monthly $9,041.70 $9,493.78 $9,968.47 $10,466.89 $10,990.24 Bi-weekly $4,173.09 $4,381.74 $4,600.83 $4,830.87 $5,072.42 Hourly $52.16 $54.77 $57.51 $60.39 $63.41
IRP&T 9/20/2021 P58 Budget Manager Annual $108,500.35 $113,925.37 $119,621.64 $125,602.72 $131,882.85 Monthly $9,041.70 $9,493.78 $9,968.47 $10,466.89 $10,990.24 Bi-weekly $4,173.09 $4,381.74 $4,600.83 $4,830.87 $5,072.42 Hourly $52.16 $54.77 $57.51 $60.39 $63.41
IRP&T 7/1/2022 P14 City Clerk Administrator Annual $113,942.34 $119,639.46 $125,621.43 $131,902.51 $138,497.63 Monthly $9,495.20 $9,969.96 $10,468.45 $10,991.88 $11,541.47 Bi-weekly $4,382.40 $4,601.52 $4,831.59 $5,073.17 $5,326.83 Hourly $54.78 $57.52 $60.39 $63.41 $66.59
IRP&T 7/1/2022 P49 Human Resources Analyst Annual $80,596.56 $84,626.39 $88,857.71 $93,300.59 $97,965.62 Monthly $6,716.38 $7,052.20 $7,404.81 $7,775.05 $8,163.80 Bi-weekly $3,099.87 $3,254.86 $3,417.60 $3,588.48 $3,767.91 Hourly $38.75 $40.69 $42.72 $44.86 $47.10
IRP&T 7/1/2022 P62 Human Resources Manager Annual $125,694.10 $131,978.81 $138,577.75 $145,506.63 $152,781.96 Monthly $10,474.51 $10,998.23 $11,548.15 $12,125.55 $12,731.83 Bi-weekly $4,834.39 $5,076.11 $5,329.91 $5,596.41 $5,876.23

Hourly $60.43 $63.45 $66.62 $69.96 $73.45
IRP&T 7/1/2022 P15 Human Resources Specialist Annual $72,536.90 $76,163.75 $79,971.94 $83,970.53 $88,169.06 Monthly $6,044.74 $6,346.98 $6,664.33 $6,997.54 $7,347.42 Bi-weekly $2,789.88 $2,929.37 $3,075.84 $3,229.64 $3,391.12 Hourly $34.87 $36.62 $38.45 $40.37 $42.39
IRP&T 7/1/2022 P01 Management Analyst Annual $80,596.56 $84,626.39 $88,857.71 $93,300.59 $97,965.62 Monthly $6,716.38 $7,052.20 $7,404.81 $7,775.05 $8,163.80 Bi-weekly $3,099.87 $3,254.86 $3,417.60 $3,588.48 $3,767.91 Hourly $38.75 $40.69 $42.72 $44.86 $47.10
IRP&T 7/1/2022 P02 Management Specialist Annual $72,536.90 $76,163.75 $79,971.94 $83,970.53 $88,169.06 Monthly $6,044.74 $6,346.98 $6,664.33 $6,997.54 $7,347.42 Bi-weekly $2,789.88 $2,929.37 $3,075.84 $3,229.64 $3,391.12 Hourly $34.87 $36.62 $38.45 $40.37 $42.39
IRP&T 2/15/2022 P61 Payroll Administrator Annual $106,765.68 $112,103.96 $117,709.16 $123,594.62 $129,774.36 Monthly $8,897.14 $9,342.00 $9,809.10 $10,299.55 $10,814.53 Bi-weekly $4,106.37 $4,311.69 $4,527.28 $4,753.64 $4,991.32 Hourly $51.33 $53.90 $56.59 $59.42 $62.39
IRP&T 7/1/2022 P40 Principal Management Analyst Annual $96,715.87 $101,551.66 $106,629.25 $111,960.71 $117,558.75 (City Manager's Department) Monthly $8,059.66 $8,462.64 $8,885.77 $9,330.06 $9,796.56 Bi-weekly $3,719.84 $3,905.83 $4,101.12 $4,306.18 $4,521.49 Hourly $46.50 $48.82 $51.26 $53.83 $56.52
IRP&T 9/20/2021 P59 Principal Human Resources Analyst Annual $106,765.68 $112,103.96 $117,709.16 $123,594.62 $129,774.36 Monthly $8,897.14 $9,342.00 $9,809.10 $10,299.55 $10,814.53 Bi-weekly $4,106.37 $4,311.69 $4,527.28 $4,753.64 $4,991.32 Hourly $51.33 $53.90 $56.59 $59.42 $62.39
IRP&T 2/15/2022 P60 Purchasing Administrator Annual $106,765.68 $112,103.96 $117,709.16 $123,594.62 $129,774.36 Monthly $8,897.14 $9,342.00 $9,809.10 $10,299.55 $10,814.53 Bi-weekly $4,106.37 $4,311.69 $4,527.28 $4,753.64 $4,991.32 Hourly $51.33 $53.90 $56.59 $59.42 $62.39
IRP&T 7/1/2022 P47 Safety and Human Resources Annual
Specialist Monthly
Bi-weekly
Hourly
IRP&T 7/1/2022 P51 Senior Budget Analyst Annual $88,644.31 $93,076.53 $97,730.35 $102,616.87 $107,747.71 Monthly $7,387.03 $7,756.38 $8,144.20 $8,551.41 $8,978.98 Bi-weekly $3,409.40 $3,579.87 $3,758.86 $3,946.80 $4,144.14 Hourly $42.62 $44.75 $46.99 $49.34 $51.80
IRP&T 7/1/2022 P52 Senior Human Resources Analyst Annual $88,644.31 $93,076.53 $97,730.35 $102,616.87 $107,747.71 Monthly $7,387.03 $7,756.38 $8,144.20 $8,551.41 $8,978.98 Bi-weekly $3,409.40 $3,579.87 $3,758.86 $3,946.80 $4,144.14 Hourly $42.62 $44.75 $46.99 $49.34 $51.80
IRP&T 7/1/2022 P39 Senior Management Analyst Annual $88,644.31 $93,076.53 $97,730.35 $102,616.87 $107,747.71 (City Manager's Department) Monthly $7,387.03 $7,756.38 $8,144.20 $8,551.41 $8,978.98 Bi-weekly $3,409.40 $3,579.87 $3,758.86 $3,946.80 $4,144.14 Hourly $42.62 $44.75 $46.99 $49.34 $51.80
Bargaining Unit Effective Date Class Code Classification Type Step 1 Step 2 Step 3 Step 4 Step 5 FVGEA 7/1/2022 G02 Accountant Annual $77,989.37 $81,888.84 $85,983.28 $90,282.45 $94,796.57 Monthly $6,499.11 $6,824.07 $7,165.27 $7,523.54 $7,899.71 Bi-weekly $2,999.59 $3,149.57 $3,307.05 $3,472.40 $3,646.02 Hourly $37.49 $39.37 $41.34 $43.41 $45.58
FVGEA 7/1/2022 G03 Accounting Technician I Annual $52,381.81 $55,000.90 $57,750.95 $60,638.49 $63,670.42 Monthly $4,365.15 $4,583.41 $4,812.58 $5,053.21 $5,305.87 Bi-weekly $2,014.69 $2,115.42 $2,221.19 $2,332.25 $2,448.86 Hourly $25.18 $26.44 $27.76 $29.15 $30.61
FVGEA 7/1/2022 G03 Accounting Technician I/ Annual $52,381.81 $55,000.90 $57,750.95 $60,638.49 $63,670.42 Storekeeper Monthly $4,365.15 $4,583.41 $4,812.58 $5,053.21 $5,305.87 Bi-weekly $2,014.69 $2,115.42 $2,221.19 $2,332.25 $2,448.86 Hourly $25.18 $26.44 $27.76 $29.15 $30.61
FVGEA 7/1/2022 G04 Accounting Technician II Annual $55,000.90 $57,750.95 $60,638.49 $63,670.42 $66,853.94 Monthly $4,583.41 $4,812.58 $5,053.21 $5,305.87 $5,571.16 Bi-weekly $2,115.42 $2,221.19 $2,332.25 $2,448.86 $2,571.31 Hourly $26.44 $27.76 $29.15 $30.61 $32.14
FVGEA 7/1/2022 G79 Administrative Assistant Annual $58,953.35 $61,901.01 $64,996.07 $68,245.87 $71,658.16 Monthly $4,912.78 $5,158.42 $5,416.34 $5,687.16 $5,971.51 Bi-weekly $2,267.44 $2,380.81 $2,499.85 $2,624.84 $2,756.08 Hourly $28.34 $29.76 $31.25 $32.81 $34.45
FVGEA 7/1/2022 G77 Administrative Specialist Annual $40,893.53 $42,938.20 $45,085.11 $47,339.37 $49,706.34 Monthly $3,407.79 $3,578.18 $3,757.09 $3,944.95 $4,142.19 Bi-weekly $1,572.83 $1,651.47 $1,734.04 $1,820.74 $1,911.78 Hourly $19.66 $20.64 $21.68 $22.76 $23.90
FVGEA 7/1/2022 G73 Assistant Engineer Annual $83,596.61 $87,776.44 $92,165.26 $96,773.52 $101,612.20 Monthly $6,966.38 $7,314.70 $7,680.44 $8,064.46 $8,467.68 Bi-weekly $3,215.25 $3,376.02 $3,544.82 $3,722.06 $3,908.16 Hourly $40.19 $42.20 $44.31 $46.53 $48.85
FVGEA 7/1/2022 G55 Assistant Planner Annual $70,429.73 $73,951.21 $77,648.77 $81,531.21 $85,607.77 Monthly $5,869.14 $6,162.60 $6,470.73 $6,794.27 $7,133.98 Bi-weekly $2,708.84 $2,844.28 $2,986.49 $3,135.82 $3,292.61 Hourly $33.86 $35.55 $37.33 $39.20 $41.16
FVGEA 7/1/2022 G61 Building Inspector Annual $77,760.55 $81,648.58 $85,731.01 $90,017.56 $94,518.44 Monthly $6,480.05 $6,804.05 $7,144.25 $7,501.46 $7,876.54 Bi-weekly $2,990.79 $3,140.33 $3,297.35 $3,462.21 $3,635.32 Hourly $37.38 $39.25 $41.22 $43.28 $45.44
FVGEA 7/1/2022 G49 Code Enforcement Officer Annual $67,322.53 $70,688.66 $74,223.09 $77,934.25 $81,830.96 Monthly $5,610.21 $5,890.72 $6,185.26 $6,494.52 $6,819.25 Bi-weekly $2,589.33 $2,718.79 $2,854.73 $2,997.47 $3,147.34 Hourly $32.37 $33.98 $35.68 $37.47 $39.34
FVGEA 7/1/2022 G12 Community Services Officer Annual $54,989.00 $57,738.45 $60,625.37 $63,656.64 $66,839.47 Monthly $4,582.42 $4,811.54 $5,052.11 $5,304.72 $5,569.96 Bi-weekly $2,114.96 $2,220.71 $2,331.74 $2,448.33 $2,570.75 Hourly $26.44 $27.76 $29.15 $30.60 $32.13
FVGEA 7/1/2022 G24 Dispatcher Annual $64,072.48 $67,276.10 $70,639.91 $74,171.90 $77,880.50 Monthly $5,339.37 $5,606.34 $5,886.66 $6,180.99 $6,490.04 Bi-weekly $2,464.33 $2,587.54 $2,716.92 $2,852.77 $2,995.40 Hourly $30.80 $32.34 $33.96 $35.66 $37.44
FVGEA 7/1/2022 G30 Engineering Technician I Annual $59,298.59 $62,263.52 $65,376.70 $68,645.53 $72,077.81 Monthly $4,941.55 $5,188.63 $5,448.06 $5,720.46 $6,006.48 Bi-weekly $2,280.72 $2,394.75 $2,514.49 $2,640.21 $2,772.22

Hourly $28.51 $29.93 $31.43 $33.00 $34.65
FVGEA 7/1/2022 G29 Engineering Technician II Annual $65,893.94 $69,188.63 $72,648.07 $76,280.47 $80,094.49 Monthly $5,491.16 $5,765.72 $6,054.01 $6,356.71 $6,674.54 Bi-weekly $2,534.38 $2,661.10 $2,794.16 $2,933.86 $3,080.56 Hourly $31.68 $33.26 $34.93 $36.67 $38.51
FVGEA 7/1/2022 G31 Engineering Technician III Annual $73,144.06 $76,801.26 $80,641.32 $84,673.39 $88,907.06 Monthly $6,095.34 $6,400.10 $6,720.11 $7,056.12 $7,408.92 Bi-weekly $2,813.23 $2,953.89 $3,101.59 $3,256.67 $3,419.50 Hourly $35.17 $36.92 $38.77 $40.71 $42.74
FVGEA 7/1/2022 G50 Fire Prevention Specialist Annual $77,560.80 $81,438.84 $85,510.78 $89,786.32 $94,275.63 Monthly $6,463.40 $6,786.57 $7,125.90 $7,482.19 $7,856.30 Bi-weekly $2,983.11 $3,132.26 $3,288.88 $3,453.32 $3,625.99 Hourly $37.29 $39.15 $41.11 $43.17 $45.32
FVGEA 7/1/2022 G72 Fire Prevention Analyst Annual $81,441.81 $85,513.90 $89,789.60 $94,279.08 $98,993.03 Monthly $6,786.82 $7,126.16 $7,482.47 $7,856.59 $8,249.42 Bi-weekly $3,132.38 $3,289.00 $3,453.45 $3,626.12 $3,807.42 Hourly $39.15 $41.11 $43.17 $45.33 $47.59
FVGEA 7/1/2022 G80 Housing Analyst Annual $77,132.22 $80,988.83 $85,038.27 $89,290.18 $93,754.69 Monthly $6,427.68 $6,749.07 $7,086.52 $7,440.85 $7,812.89 Bi-weekly $2,966.62 $3,114.95 $3,270.70 $3,434.24 $3,605.95 Hourly $37.08 $38.94 $40.88 $42.93 $45.07
FVGEA 7/1/2022 G52 Housing Technician Annual $70,120.20 $73,626.21 $77,307.52 $81,172.89 $85,231.54 Monthly $5,843.35 $6,135.52 $6,442.29 $6,764.41 $7,102.63 Bi-weekly $2,696.93 $2,831.78 $2,973.37 $3,122.03 $3,278.14 Hourly $33.71 $35.40 $37.17 $39.03 $40.98
FVGEA 7/1/2022 G84 Human Resources Technician Annual $58,953.35 $61,901.01 $64,996.06 $68,245.87 $71,658.16 Monthly $4,912.78 $5,158.42 $5,416.34 $5,687.16 $5,971.51 Bi-weekly $2,267.44 $2,380.81 $2,499.85 $2,624.84 $2,756.08 Hourly $28.34 $29.76 $31.25 $32.81 $34.45
FVGEA 7/1/2022 G10 Identification Technician Annual $67,977.30 $71,376.17 $74,944.98 $78,692.23 $82,626.84 Monthly $5,664.78 $5,948.01 $6,245.41 $6,557.69 $6,885.57 Bi-weekly $2,614.51 $2,745.24 $2,882.50 $3,026.62 $3,177.96 Hourly $32.68 $34.32 $36.03 $37.83 $39.72
FVGEA 7/1/2022 G57 Information Technology Technician Annual $65,786.79 $69,076.13 $72,529.94 $76,156.44 $79,964.26 Monthly $5,482.23 $5,756.34 $6,044.16 $6,346.37 $6,663.69 Bi-weekly $2,530.26 $2,656.77 $2,789.61 $2,929.09 $3,075.55 Hourly $31.63 $33.21 $34.87 $36.61 $38.44
FVGEA 2/15/2022 G83 Sr. Accounting Technician Annual $57,750.86 $60,638.40 $63,670.32 $66,853.83 $70,196.53 Monthly $4,812.57 $5,053.20 $5,305.86 $5,571.15 $5,849.71 Bi-weekly $2,221.19 $2,332.25 $2,448.86 $2,571.30 $2,699.87 Hourly $27.76 $29.15 $30.61 $32.14 $33.75
FVGEA 7/1/2022 G81 Lead Code Enforcement Officer Annual $70,688.72 $74,223.15 $77,934.31 $81,831.03 $85,922.58 Monthly $5,890.73 $6,185.26 $6,494.53 $6,819.25 $7,160.21 Bi-weekly $2,718.80 $2,854.74 $2,997.47 $3,147.35 $3,304.71 Hourly $33.98 $35.68 $37.47 $39.34 $41.31
FVGEA 7/1/2022 G25 Lead Dispatcher Annual $67,274.91 $70,638.66 $74,170.59 $77,879.12 $81,773.08 Monthly $5,606.24 $5,886.55 $6,180.88 $6,489.93 $6,814.42 Bi-weekly $2,587.50 $2,716.87 $2,852.72 $2,995.35 $3,145.12 Hourly $32.34 $33.96 $35.66 $37.44 $39.31
FVGEA 7/1/2022 G86 Lead Information Technology Annual $72,365.47 $75,983.75 $79,782.93 $83,772.08 $87,960.68 Technician Monthly $6,030.46 $6,331.98 $6,648.58 $6,981.01 $7,330.06 Bi-weekly $2,783.29 $2,922.45 $3,068.57 $3,222.00 $3,383.10 Hourly $34.79 $36.53 $38.36 $40.28 $42.29
FVGEA 7/1/2022 G08 Lead Records Clerk Annual $52,060.38 $54,663.40 $57,396.57 $60,266.39 $63,279.71 Monthly $4,338.36 $4,555.28 $4,783.05 $5,022.20 $5,273.31 Bi-weekly $2,002.32 $2,102.44 $2,207.56 $2,317.94 $2,433.84 Hourly $25.03 $26.28 $27.59 $28.97 $30.42
FVGEA 7/1/2022 G74 Management Aide Annual $68,501.12 $71,926.18 $75,522.49 $79,298.61 $83,263.54 Monthly $5,708.43 $5,993.85 $6,293.54 $6,608.22 $6,938.63 Bi-weekly $2,634.66 $2,766.39 $2,904.71 $3,049.95 $3,202.44 Hourly $32.93 $34.58 $36.31 $38.12 $40.03
FVGEA 7/1/2022 G87 Permit Technician Annual $56,927.85 $59,774.25 $62,762.96 $65,901.11 $69,196.16 Monthly $4,743.99 $4,981.19 $5,230.25 $5,491.76 $5,766.35 Bi-weekly $2,189.53 $2,299.01 $2,413.96 $2,534.66 $2,661.39 Hourly $27.37 $28.74 $30.17 $31.68 $33.27
FVGEA 7/1/2022 G56 Plan Check Engineer Annual $91,620.55 $96,201.58 $101,011.66 $106,062.24 $111,365.35 Monthly $7,635.05 $8,016.80 $8,417.64 $8,838.52 $9,280.45 Bi-weekly $3,523.87 $3,700.06 $3,885.06 $4,079.32 $4,283.28 Hourly $44.05 $46.25 $48.56 $50.99 $53.54
FVGEA 7/1/2022 G54 Public Works Inspector Annual $73,275.01 $76,938.76 $80,785.70 $84,824.98 $89,066.23 Monthly $6,106.25 $6,411.56 $6,732.14 $7,068.75 $7,422.19 Bi-weekly $2,818.27 $2,959.18 $3,107.14 $3,262.50 $3,425.62 Hourly $35.23 $36.99 $38.84 $40.78 $42.82
FVGEA 7/1/2022 G Records Clerk I Annual $44,631.68 $46,863.27 $49,206.43 $51,666.75 $54,250.09 Monthly $3,719.31 $3,905.27 $4,100.54 $4,305.56 $4,520.84 Bi-weekly $1,716.60 $1,802.43 $1,892.56 $1,987.18 $2,086.54 Hourly $21.46 $22.53 $23.66 $24.84 $26.08
FVGEA 7/1/2022 G09 Records Clerk II Annual $49,584.15 $52,063.35 $54,666.52 $57,399.85 $60,269.84 Monthly $4,132.01 $4,338.61 $4,555.54 $4,783.32 $5,022.49 Bi-weekly $1,907.08 $2,002.44 $2,102.56 $2,207.69 $2,318.07 Hourly $23.84 $25.03 $26.28 $27.60 $28.98
FVGEA 7/1/2022 G76 Recreation Coordinator Annual $55,941.39 $58,738.46 $61,675.39 $64,759.16 $67,997.11 Monthly $4,661.78 $4,894.87 $5,139.62 $5,396.60 $5,666.43 Bi-weekly $2,151.59 $2,259.17 $2,372.13 $2,490.74 $2,615.27 Hourly $26.89 $28.24 $29.65 $31.13 $32.69
FVGEA 7/1/2022 G14 Secretary Annual $58,953.35 $61,901.01 $64,996.07 $68,245.87 $71,658.16 Monthly $4,912.78 $5,158.42 $5,416.34 $5,687.16 $5,971.51 Bi-weekly $2,267.44 $2,380.81 $2,499.85 $2,624.84 $2,756.08 Hourly $28.34 $29.76 $31.25 $32.81 $34.45
FVGEA 7/1/2022 G85 Supervising Records Clerk Annual $61,989.11 $65,088.57 $68,343.00 $71,760.15 $75,348.15 Monthly $5,165.76 $5,424.05 $5,695.25 $5,980.01 $6,279.01 Bi-weekly $2,384.20 $2,503.41 $2,628.58 $2,760.01 $2,898.01 Hourly $29.80 $31.29 $32.86 $34.50 $36.23
Bargaining Unit Effective Date Class Code Classification Type Step 1 Step 2 Step 3 Step 4 Step 5 FVMEA (Field) 7/1/2022 G45 Equipment Operator I Annual $54,477.08 $57,200.94 $60,060.98 $63,064.03 $66,217.24 Monthly $4,539.76 $4,766.74 $5,005.08 $5,255.34 $5,518.10 Bi-weekly $2,095.27 $2,200.04 $2,310.04 $2,425.54 $2,546.82

Hourly $26.19 $27.50 $28.88 $30.32 $31.84
FVMEA (Field) 7/1/2022 G82 Equipment Operator I- Water Annual $58,835.23 $61,776.99 $64,865.84 $68,109.13 $71,514.59 Monthly $4,902.94 $5,148.08 $5,405.49 $5,675.76 $5,959.55 Bi-weekly $2,262.89 $2,376.04 $2,494.84 $2,619.58 $2,750.56 Hourly $28.29 $29.70 $31.19 $32.74 $34.38
FVMEA (Field) 7/1/2022 G46 Equipment Operator II Annual $57,072.36 $59,925.98 $62,922.28 $66,068.40 $69,371.82 Monthly $4,756.03 $4,993.83 $5,243.52 $5,505.70 $5,780.98 Bi-weekly $2,195.09 $2,304.85 $2,420.09 $2,541.09 $2,668.15 Hourly $27.44 $28.81 $30.25 $31.76 $33.35
FVMEA (Field) 7/1/2022 G47 Equipment Operator II - Water Annual $60,179.56 $63,188.54 $66,347.96 $69,665.36 $73,148.63 Monthly $5,014.96 $5,265.71 $5,529.00 $5,805.45 $6,095.72 Bi-weekly $2,314.60 $2,430.33 $2,551.84 $2,679.44 $2,813.41 Hourly $28.93 $30.38 $31.90 $33.49 $35.17
FVMEA (Field) 7/1/2022 G62 Foreman Annual $62,774.84 $65,913.58 $69,209.26 $72,669.72 $76,303.21 Monthly $5,231.24 $5,492.80 $5,767.44 $6,055.81 $6,358.60 Bi-weekly $2,414.42 $2,535.14 $2,661.89 $2,794.99 $2,934.74 Hourly $30.18 $31.69 $33.27 $34.94 $36.68
FVMEA (Field) 7/1/2022 G63 Foreman Fleet Annual $62,774.84 $65,913.58 $69,209.26 $72,669.72 $76,303.21 Monthly $5,231.24 $5,492.80 $5,767.44 $6,055.81 $6,358.60 Bi-weekly $2,414.42 $2,535.14 $2,661.89 $2,794.99 $2,934.74 Hourly $30.18 $31.69 $33.27 $34.94 $36.68
FVMEA (Field) 4/5/2022 G88 Foreman Sewer/Storm Drain Annual $66,929.67 $70,276.15 $73,789.96 $77,479.46 $81,353.43 Monthly $5,577.47 $5,856.35 $6,149.16 $6,456.62 $6,779.45 Bi-weekly $2,574.22 $2,702.93 $2,838.08 $2,979.98 $3,128.98 Hourly $32.18 $33.79 $35.48 $37.25 $39.11
FVMEA (Field) 7/1/2022 G75 Foreman Water Annual $66,929.67 $70,276.15 $73,789.96 $77,479.46 $81,353.43 Monthly $5,577.47 $5,856.35 $6,149.16 $6,456.62 $6,779.45 Bi-weekly $2,574.22 $2,702.93 $2,838.08 $2,979.98 $3,128.98 Hourly $32.18 $33.79 $35.48 $37.25 $39.11
FVMEA (Field) 7/1/2022 G39 Irrigation Technician Annual $56,024.73 $58,825.96 $61,767.26 $64,855.63 $68,098.41 Monthly $4,668.73 $4,902.16 $5,147.27 $5,404.64 $5,674.87 Bi-weekly $2,154.80 $2,262.54 $2,375.66 $2,494.45 $2,619.17 Hourly $26.93 $28.28 $29.70 $31.18 $32.74
FVMEA (Field) 7/1/2022 G78 Landscape Inspector Annual $70,001.15 $73,501.20 $77,176.27 $81,035.08 $85,086.83 Monthly $5,833.43 $6,125.10 $6,431.36 $6,752.92 $7,090.57 Bi-weekly $2,692.35 $2,826.97 $2,968.32 $3,116.73 $3,272.57 Hourly $33.65 $35.34 $37.10 $38.96 $40.91
FVMEA (Field) 7/1/2022 G36 Maintenance Worker II Annual $51,881.80 $54,475.89 $57,199.69 $60,059.67 $63,062.66 Monthly $4,323.48 $4,539.66 $4,766.64 $5,004.97 $5,255.22 Bi-weekly $1,995.45 $2,095.23 $2,199.99 $2,309.99 $2,425.49 Hourly $24.94 $26.19 $27.50 $28.87 $30.32
FVMEA (Field) 7/1/2022 G35 Maintenance Worker II - Chemical Annual $56,024.73 $58,825.96 $61,767.26 $64,855.63 $68,098.41 Applicator Monthly $4,668.73 $4,902.16 $5,147.27 $5,404.64 $5,674.87 Bi-weekly $2,154.80 $2,262.54 $2,375.66 $2,494.45 $2,619.17 Hourly $26.93 $28.28 $29.70 $31.18 $32.74
FVMEA (Field) 7/1/2022 G64 Maintenance Worker II - Water Annual $56,024.73 $58,825.96 $61,767.26 $64,855.63 $68,098.41 Monthly $4,668.73 $4,902.16 $5,147.27 $5,404.64 $5,674.87 Bi-weekly $2,154.80 $2,262.54 $2,375.66 $2,494.45 $2,619.17 Hourly $26.93 $28.28 $29.70 $31.18 $32.74
FVMEA (Field) 7/1/2022 G33 Mechanic Annual $59,393.83 $62,363.52 $65,481.70 $68,755.78 $72,193.57 Monthly $4,949.49 $5,196.96 $5,456.81 $5,729.65 $6,016.13 Bi-weekly $2,284.38 $2,398.60 $2,518.53 $2,644.45 $2,776.68 Hourly $28.55 $29.98 $31.48 $33.06 $34.71
FVMEA (Field) 7/1/2022 G37 Meter Reader Annual
Monthly
Bi-weekly
Hourly
FVMEA (Field) 7/1/2022 G65 Water Quality Technician Annual $70,036.86 $73,538.71 $77,215.64 $81,076.42 $85,130.24 Monthly $5,836.41 $6,128.23 $6,434.64 $6,756.37 $7,094.19 Bi-weekly $2,693.73 $2,828.41 $2,969.83 $3,118.32 $3,274.24 Hourly $33.67 $35.36 $37.12 $38.98 $40.93
FVMEA (Field) 7/1/2022 G66 Water System Operator Annual $65,893.94 $69,188.63 $72,648.07 $76,280.47 $80,094.49 Monthly $5,491.16 $5,765.72 $6,054.01 $6,356.71 $6,674.54 Bi-weekly $2,534.38 $2,661.10 $2,794.16 $2,933.86 $3,080.56 Hourly $31.68 $33.26 $34.93 $36.67 $38.51
City Manager Effective Date Class Code Classification Type Step 1 Step 2 Step 3 Step 4 Step 5 City Manager 6/11/2022 CMG City Manager Annual $245,000.00 Monthly $20,416.67
Bi-weekly $9,423.08
Hourly $117.79
Administrative Officers Effective Date Class Code Classification Type Step 1 Step 2 Step 3 Step 4 Step 5 Dept. Director 7/1/2022 D01 Chief of Police Annual $198,747.59 $208,684.97 $219,119.22 $230,075.18 $241,578.94 Monthly $16,562.30 $17,390.41 $18,259.94 $19,172.93 $20,131.58 Bi-weekly $7,644.14 $8,026.35 $8,427.66 $8,849.05 $9,291.50 Hourly $95.55 $100.33 $105.35 $110.61 $116.14
Dept. Director 7/1/2022 D08 Community Services Director Annual $149,442.92 $156,915.07 $164,760.82 $172,998.86 $181,648.80 Monthly $12,453.58 $13,076.26 $13,730.07 $14,416.57 $15,137.40 Bi-weekly $5,747.80 $6,035.19 $6,336.95 $6,653.80 $6,986.49 Hourly $71.85 $75.44 $79.21 $83.17 $87.33
Dept. Director 7/1/2022 D09 Deputy City Manager Annual $149,442.92 $156,915.07 $164,760.82 $172,998.86 $181,648.80 Monthly $12,453.58 $13,076.26 $13,730.07 $14,416.57 $15,137.40 Bi-weekly $5,747.80 $6,035.19 $6,336.95 $6,653.80 $6,986.49 Hourly $71.85 $75.44 $79.21 $83.17 $87.33
Dept. Director 7/1/2022 D03 Director of Public Works Annual $169,785.20 $178,274.46 $187,188.18 $196,547.59 $206,374.97 Monthly $14,148.77 $14,856.20 $15,599.02 $16,378.97 $17,197.91 Bi-weekly $6,530.20 $6,856.71 $7,199.55 $7,559.52 $7,937.50 Hourly $81.63 $85.71 $89.99 $94.49 $99.22
Dept. Director 7/1/2022 D06 Finance Director Annual $165,062.23 $173,315.34 $181,981.11 $191,080.16 $200,634.17 Monthly $13,755.19 $14,442.95 $15,165.09 $15,923.35 $16,719.51 Bi-weekly $6,348.55 $6,665.97 $6,999.27 $7,349.24 $7,716.70 Hourly $79.36 $83.32 $87.49 $91.87 $96.46
Dept. Director 7/1/2022 D02 Fire Chief Annual $189,472.07 $198,945.67 $208,892.96 $219,337.60 $230,304.48 Monthly $15,789.34 $16,578.81 $17,407.75 $18,278.13 $19,192.04 Bi-weekly $7,287.39 $7,651.76 $8,034.34 $8,436.06 $8,857.86 Hourly $91.09 $95.65 $100.43 $105.45 $110.72
Dept. Director 7/1/2022 D07 Human Resources Director Annual $149,442.92 $156,915.07 $164,760.82 $172,998.86 $181,648.80 Monthly $12,453.58 $13,076.26 $13,730.07 $14,416.57 $15,137.40

Bi-weekly $5,747.80 $6,035.19 $6,336.95 $6,653.80 $6,986.49 Hourly $71.85 $75.44 $79.21 $83.17 $87.33
Dept. Director 7/1/2022 D04 Planning/Building Director Annual $165,288.42 $173,552.85 $182,230.49 $191,342.01 $200,909.11 Monthly $13,774.04 $14,462.74 $15,185.87 $15,945.17 $16,742.43 Bi-weekly $6,357.25 $6,675.11 $7,008.86 $7,359.31 $7,727.27 Hourly $79.47 $83.44 $87.61 $91.99 $96.59
Part-time/Temporary/Seasonal Effective Date Class Code Classification Type Step 1 Step 2 Step 3 PT 7/1/2022 T38 Accounting Technician I * Hourly $25.18 $26.44 $27.76 PT 7/1/2022 T39 Accounting Technician II * Hourly $26.44 $27.76 $29.15 PT 7/1/2022 T06 Administrative Intern Hourly $15.29 $16.05 PT 7/1/2022 T28
Administrative Intern- City Manager's
Office Houtly $15.29 $16.06
PT 7/1/2022 T29 Administrative Specialist * Hourly $19.66 $20.64 $21.68 PT 7/1/2022 T14 Customer Service Representative Hourly $25.67 $26.96 $28.30 PT 7/1/2022 T15 Dispatcher * Hourly $30.80 $32.34 $33.96 PT 7/1/2022 T21 Dispatcher Trainee Hourly $16.64
PT 7/1/2022 T32
Emergency Medical Services
Manager * Hourly $55.94 $58.74 $61.67
PT 7/1/2022 T22 Emergency Preparedness Assistant Hourly $18.20 $19.10 $20.06 PT 7/1/2022 T05 Engineering Technician I * Hourly $26.87 $28.22 $29.63 PT 7/1/2022 T05 Engineering Technician II * Hourly $27.68 $29.06 $30.52 PT 7/1/2022 T05 Engineering Technician III * Hourly $28.51 $29.93 $31.43 PT 7/1/2022 T35 Fire Administrative Aide Hourly $15.29 $16.05 $16.85 PT 7/1/2022 T36 Firefighter Trainee Hourly $23.05
PT 7/1/2022 T31 Graduate Intern Hourly $15.29 $16.05 $16.85 PT 7/1/2022 T18 Human Resources Coordinator Hourly $15.29 $16.06 PT 7/1/2022 T25 Information Technology Technician * Hourly $31.63 $33.21 $34.87 PT 7/1/2022 T10 Lifeguard Hourly $15.29 $16.05
PT 7/1/2022 T33 Management Aide * Hourly $32.93 $34.58 $36.31 PT 7/1/2022 T23 Management Intern Hourly $19.22 $20.18 $21.18 PT 7/1/2022 T17 Office Specialist I Hourly $16.37 $17.19 $18.05 PT 7/1/2022 T13 Office Specialist II Hourly $18.20 $19.10 $20.06 PT 7/1/2022 T37 Paramedic Trainee Hourly $25.61
PT 7/1/2022 T01 Police Recruit Hourly $36.18
PT 7/1/2022 T12 Police Reserve Officer Hourly $20.80
PT 7/1/2022 T30 Police Services Officer Hourly $20.56 $21.59 $22.67 PT 7/1/2022 T20 Police Cadet Hourly $15.29 $16.06
PT 7/1/2022 T34 Public Information Officer Hourly $52.00 PT 7/1/2022 T26 Recreation Coordinator * Hourly $24.62 $25.85 $27.13 PT 7/1/2022 T03 Recreation Leader Hourly $15.29 $16.06
PT 7/1/2022 T04 Recreation Specialist Hourly $16.12 $16.93 $17.77 PT 7/1/2022 T09 Swim Instructor/Lifeguard Hourly $15.29 $16.06 PT 7/1/2022 T07 Maintenance Worker I Hourly $17.46 $18.34 $19.26 Step 1 removed for part-time classes due to minimum wage law as of 7/1/2022, beginning step is Step 2 for these classes. * PT class with FT Equivelant receive the hourly rate for the first 3 steps

CITY OF FOUNTAIN VALLEY

CITY COUNCIL

COUNCIL ACTION REQUEST
To: Honorable Mayor and Agenda Date: July 19, 2022
Members of the City Council
SUBJECT: 1) Accept the Senate Bill (SB) 1383 Grant Award from CalRecycle; 2) Amendment of the Fiscal Year 2022-23 Trash Fund for $78,475; 3) Waive Competitive Bidding; and
4) Award a consultant service award to Mike Balliet Consulting to assist with SB 1383 Compliance.

EXECUTIVE SUMMARY:

At the February 15, 2022 meeting, the City Council authorized an application to CalRecycle to apply for a grant that will provide funds to assist the City in implementing the SB 1383 program. The City’s grant application has been approved by CalRecycle and the City was awarded $78,475.

Staff recommends that City Council accept the award of the grant and amend the Fiscal Year 2022-23 budget for the same amount.

DISCUSSION:

On September 15, 2020 and April 6, 2021 presentations were provided to City Council on Senate Bill 1383 (SB 1383). SB 1383 was signed into law to reduce landfill-generated greenhouse gases by reducing the disposal of organic waste, increasing edible food recovery, and requiring businesses and residents to recycle food waste. To assist the cities in implementing the extensive programmatic requirements of SB 1383, CalRecycle offered a one-time non-competitive grant. The City’s grant application has been approved and the City was awarded $78,475. The grant will be used to supplement funding for City staff time, purchase kitchen compost pails, print educational outreach materials, and cover the costs of hiring a consultant to assist staff with implementing various program components.

Mike Balliet Consulting LLC, has been assisting the City with SB 1383 compliance program with Republic Services. He was instrumental in identifying and auditing Republic’s proposed fees for the rate increases and organics recycling capacity planning.

Thus, Mike Balliet is thoroughly knowledgeable on City’s solid waste collection program with Republic and recommends to continue assisting staff with refining capacity planning requirements and data submission, setting up the procurement program, reviewing the waiver program and evaluating businesses applying for waivers, coordinating with

City Council Request
Accept Grant Award and Amend FY 2022-23 Budget
July 19, 2022

Republic Services to ensure they are meeting compliance requirements, and assist the city with grant management as needed.

PROCUREMENT:

Fountain Valley Municipal Code 2.36.070(a)(6) allows bidding to be dispensed with “[w]hen the public interest otherwise requires that bidding be dispensed with provided the city council approves the purchase by majority vote and, as part of its approval, indicates the reasons bidding was dispensed with[.]” Here, Staff requests that the City Council find that the public interest requires that bidding be dispensed with because Mike Balliet has been heavily involved in our SB 1383 program from the beginning, it will not provide a competitive opportunity for another consultant due to the amount of information catch-up.

His fees are also very reasonable due to the low overhead cost. He also provides similar services to other agencies and the City of Fountain Valley can take advantage of his vast knowledge and research cost-sharing in the Orange County area.

FINANCIAL ANALYSIS:

The total grant funding is $78,475. It does not require any matching of City funds. This item was not budgeted for FY 2022-23 as the award of the grant was unknown at the time the City’s budget was drafted and approved.

The budget amendment for the $78,475 grant will amend the Trash Fund account (502.00.00000.44011) budget.

ATTORNEY REVIEW:

The Attorney for the City reviewed and approved the contract for Mike Balliet Consulting.

ALTERNATIVES:

Alternative No.1: Accept the Senate Bill (SB) 1383 Grant Award from CalRecycle Amendment of the Fiscal Year 2022-23 Trash Fund for $78,475, waive competitive bidding for the reasons discussed herein, and award a consultant service award to Mike Balliet Consulting to assist with SB 1383 Compliance.

This is the recommended alternative as it will provide the City with the needed resources to implement the SB 1383 program.

Alternative No. 2: Do not accept the Senate Bill (SB) 1383 Grant Award from CalRecycle and do not amend the Fiscal Year 2022-23 Trash Fund for $78,475.

This is not the recommended alternative as the grant provides the City with the resources needed to implement the SB 1383 program.

City Council Request
Accept Grant Award and Amend FY 2022-23 Budget
July 19, 2022

RECOMMENDATION:

Staff recommends that City Council approve Alternative 1, which is to accept the Senate Bill (SB) 1383 Grant Award from CalRecycle and amend the Fiscal Year 2022-23 Trash Fund for $78,475, waive competitive bidding for the reasons discussed in this staff report, and award a consultant service contract to Mike Balliet Consulting to assist with SB 1383 compliance.

Prepared by: Loriana Hornik, Environmental Services Administrator Approved by: HyeJin Lee, Director of Public Works
Financial Review by: Teresa Gonzalez, Accounting Manager Approved by: Maggie Le, City Manager
Attachment: Michael Balliet FY 22-23 CON

CITY OF FOUNTAIN VALLEY

CITY COUNCIL

COUNCIL ACTION REQUEST
To: Honorable Mayor and Agenda Date: July 19, 2022
Members of the City Council
SUBJECT: Conduct a Public Hearing Regarding the 2022 Report on the City’s Water Quality Relative to Public Health Goals, and Receive and File the Report EXECUTIVE SUMMARY:

Every three years, the City of Fountain Valley Water Utility is required to prepare a Public Health Goals Report, and conduct a public hearing on the report, when water quality measurements have exceeded any Public Health Goals (PHGs), per California Health and Safety Code, Section 116470(b & c).

Staff has prepared the attached Public Health Goals Report (Report) which provides the required information for compliance based on the water quality data collected for 2019, 2020, and 2021. The City of Fountain Valley Water Utility vigilantly safeguards the City’s water supply and continues to deliver water that meets or exceeds the quality standards required by federal and state regulatory agencies.

Staff recommends that the City Council conduct a Public Hearing regarding the 2022 Report on the City’s Water Quality Relative to Public Health Goals, and receive and file the report.

DISCUSSION:

The City’s potable water meets all California State Water Resources Control Board (SWRCB) Division of Drinking Water (DDW) and United States Environmental Protection Agency (USEPA) drinking water standards.

The California Health and Safety Code, Section 116470(b) specifies that public water systems serving more than 10,000 service connections must prepare a Public Health Goals Report by July 1, 2022, if their water quality measurements have exceeded any Public Health Goals (PHGs). PHGs are non-enforceable goals established by the Cal/EPA’s Office of Environmental Health Hazard Assessment (OEHHA). The law also requires that where OEHHA has not adopted a PHG for a constituent, the water suppliers are to use the Maximum Contaminant Level Goal (MCLG) adopted by the U.S.

Environmental Protection Agency (USEPA). Only constituents that have a California

Council Action Request
Public Health Goals Report 2022
July 19, 2022

primary drinking water standard and for which either a PHG or MCLG has been set are to be reported.

Since the Safe Drinking Water Act was implemented in 1977, the City’s drinking water has consistently met all state and federal water quality requirements. Maximum Contaminant Levels (MCLs) set by the California State Water Resources Control Board (SWRCB) Division of Drinking Water (DDW) are enforceable, and the City diligently complies with these drinking water standards. While placing primary emphasis on the protection of public health, the DDW establishes a contaminant’s MCL at a level as close as is technically and economically feasible to its PHG. The City conducts over 13,500 water quality analyses each year to ensure that the water meets all standards.

PHGs are often set at levels well below the MCL. In these cases, water purveyors will have certain constituents in the water produced that exceed the PHG for that constituent.

This is not uncommon, nor is there any real concern regarding public health.

The attached Report provides information as required by law regarding uranium, which exceeded the PHG between 2019 and 2021 as described below.

Uranium: The MCL for uranium is 20 picocuries per liter (pCi/L). The PHG for uranium is

0.43 pCi/L, which is set well below the detection limit for purposes of reporting (DLR) of

1.0 pCi/L. Uranium has been detected in five wells at levels between 1.28 and 4.03 pCi/L.

The levels detected were well below the MCL at all times.

Uranium is found in groundwater and the Colorado River commonly due to its natural presence in sediments throughout the United States. According to the Orange County Water District, all groundwater in the Santa Ana Groundwater Basin contains naturally occurring uranium. Uranium was detected in water supplied by MWD and groundwater wells at concentrations up to 4.03 pCi/L.

The City’s drinking water quality continues to meet all DDW and USEPA drinking water standards set to protect public health. Additional costly treatment processes would be required to further reduce the level of uranium which is already significantly below the health-based Maximum Contaminant Level (MCL) established to provide “safe drinking water.” The effectiveness of the treatment processes to provide any significant reductions in constituent level at these already low values is uncertain. The health protection benefits of these further hypothetical reductions are not at all clear and may not be quantifiable.

Therefore, no action is proposed.

FINANCIAL ANALYSIS:

There are no financial impacts to the City as a result of the proposed action.

ATTORNEY REVIEW:

Council Action Request
Public Health Goals Report 2022
July 19, 2022

None required.

PUBLIC NOTIFICATION:

This item was noticed as a public hearing for July 19, 2022, in accordance with the rules and regulations regarding noticing of public meetings and agendized items and topics for discussion and/or action.

ALTERNATIVES:

Alternative No.1: Conduct a Public Hearing regarding the 2022 Report on the City’s Water Quality Relative to Public Health Goals, and receive and file the report. This is the recommended alternative as it will enable the City to comply with California Health and Safety Code, Section 116470(b & c).

Alternative No. 2: Do not conduct a Public Hearing regarding the 2022 Report on the City’s Water Quality Relative to Public Health Goals. This alternative is not recommended as the City will not be in compliance with California Health and Safety Code, Section 116470(b & c).

RECOMMENDATION:

It is recommended that the City Council approve Alternative No. 1, which is to conduct a Public Hearing regarding the 2022 Report on the City’s Water Quality Relative to Public Health Goals, and receive and file the report.

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: Teresa Gonzalez, Accounting Manager
Approved by: Maggie Le, City Manager
Attachment: 2022 Public Health Goals Report

2 TABLE OF CONTENTS
A. Background.........................................................................................................3 B. What are PHGs?................................................................................................3 C. Water Quality Data Considered.......................................................................3 D. Guidelines Followed..........................................................................................4 E. Best Available Treatment Technology and Cost Estimates.........................4 F. Constituents Detected that Exceed a PHG or a MCLG..............................4

1. Uranium.........................................................................................................4 G. Recommendations for Further Action............................................................5

3 A. Background
The California Health and Safety Code, Section 116470(b) specifies that public water systems serving more than 10,000 service connections must prepare a Public Health Goals Report by July 1, 2022, if their water quality measurements have exceeded any Public Health Goals (PHGs). PHGs are nonenforceable goals established by the Cal/EPA’s Office of Environmental Health Hazard Assessment (OEHHA). The law also requires that where OEHHA has not adopted a PHG for a constituent, the water suppliers are to use the Maximum Contaminant Level Goal (MCLG) adopted by the U.S.

Environmental Protection Agency (USEPA). Only constituents which have a California primary drinking water standard and for which either a PHG or MCLG has been set are to be reported.

Since the Safe Drinking Water Act was implemented in 1977, the City’s drinking water has consistently met all state and federal water quality requirements. Maximum Contaminant Levels (MCLs) set by the California State Water Resources Control Board (SWRCB) Division of Drinking Water (DDW) are enforceable, and the City diligently complies with these drinking water standards. While placing primary emphasis on the protection of public health, the DDW establishes a contaminant’s MCL at a level as close as is technically and economically feasible to its PHG. The City conducts over 13,500 water quality analyses each year to ensure that the water meets all standards.

If a constituent was detected in the City’s water supply between 2019 and 2021 at a level exceeding an applicable PHG or MCLG, this report provides the information as required by law. Included in this report is the numerical public health risk associated with the MCL and the PHG or the MCLG, the category or type of risk to health that could be associated with each constituent, the best available technology (BAT) available that could be used to reduce the constituent level, and an estimate of the cost to install that treatment technology if it is appropriate and feasible. The City’s water met the PHG for 87 out of 88 substances applicable for this report.

B. What are PHGs?
PHGs are set by OEHHA, which is part of Cal/EPA, and are based solely on public health risk considerations. None of the practical risk-management factors that are considered by the USEPA or the DDW in setting drinking water standards (MCLs) are considered in setting the PHGs. These factors include analytical detection capability, treatment technology available, benefits and costs. The PHGs are not enforceable and are not required to be met by any public water system. MCLGs are the federal equivalent to PHGs. MCLGs and PHGs are goals identifying extremely small risks that are posed by constituents tested in potable water. The risks are normally assessed where one person in a million would be at risk to a constituent in potable water. Determinations of health risk at these low levels are frequently theoretical and are based on risk assessments made using assumptions and mathematical extrapolations.

C. Water Quality Data Considered
All of the water quality data collected from the City’s water system between 2019 and 2021 for purposes of determining compliance with drinking water standards was considered. This data was summarized in the City’s Annual Consumer Confidence Reports (Water Quality Reports) for years 2020, 2021 and 2022, which were mailed to all Fountain Valley water customers by July 1 of the corresponding year. (The Annual Consumer Confidence Report contains data from the prior year.)

4 D. Guidelines Followed
The Association of California Water Agencies (ACWA) formed a workgroup that prepared guidelines for water utilities to use in preparing these required reports. The ACWA guidelines were used in the preparation of this report. No guidance was available from state regulatory agencies (i.e., DDW or OEHHA).

E. Best Available Treatment Technology and Cost Estimates Both the USEPA and DDW adopt what are known as Best Available Technologies (BATs), which are the best-known methods of reducing constituent or contaminant levels to achieve compliance with the MCLs. Costs can be estimated for such technologies. However, since many PHGs and MCLGs are set much lower than the MCLs, it is not always possible, nor practical, to determine what treatment is needed to further reduce a constituent downward to or near the PHG or MCLG, many of which are set at zero. Estimating the costs to reduce a constituent to zero is difficult, if not impossible, because it is not possible to verify by analytical means that the level has been lowered to zero. In some cases, installing treatment to try to further reduce extremely low levels of one constituent may have adverse effects on other aspects of the water quality.

F. Constituents Detected that Exceed a PHG or a MCLG
The following is a discussion of constituents that were detected in one or more of the City’s drinking water sources at levels above the PHG, or if no PHG, above the MCLG.

1. Uranium
The MCL for uranium is set at 20 picocuries per liter (pCi/L). The PHG is set at 0.43 pCi/L.

Levels in City of Fountain Valley Drinking Water: Uranium has been detected in five wells at levels between 1.28 and 4.03 pCi/L. The levels detected were well below the MCL at all times.

This constituent is a common and naturally occurring radioactive element in the earth’s crust. A trace element of uranium can be detected in many types of rocks and can be found in ground and surface waters due to its natural occurrence in geological formations.

Health Risk Category: The category of health risk for uranium is carcinogenicity – causes cancer.

Exposure to uranium in drinking water may also result in kidney problems.

Numerical Health Risk: The cancer risk of uranium at the MCL is 5 in 100,000. The cancer risk of uranium at the PHG level is 1 in 1,000,000.

BAT and Treatment Cost: The BAT treatment for uranium to lower the level below the MCL is Ion Exchange. Since the level of uranium in each of the City wells is already below the MCL, the Ion Exchange treatment method would likely be used to attempt to lower the uranium level below the

0.43 pCi/L PHG. Based on data provided by ACWA on the estimated cost of treatment, it is estimated that a centralized treatment plant of this type would cost approximately $10M – $28M per year, including initial construction costs and additional operations and maintenance costs. This

5 would result in an assumed increased cost to each customer’s water service connection of about $560 – $1,650 per year. All of the City wells are at separate locations throughout the City. The cost to install treatment plants at each affected well site throughout the City, or to install collection mains from the affected wells to a central treatment plant, would be much more expensive than the estimate provided.

Status: No treatment for uranium is currently provided. The City will continue to monitor levels of uranium in the potable water supply, although current levels are well below the MCL.

G. Recommendations for Further Action
The City’s drinking water quality meets all DDW and USEPA drinking water standards set to protect public health. Additional costly treatment processes would be required to further reduce the levels of the constituents identified in this report that are already significantly below the health-based Maximum Contaminant Levels (MCLs) established to provide “safe drinking water.” The effectiveness of the treatment processes to provide any significant reductions in constituent levels at these already low values is uncertain. The health protection benefits of these further hypothetical reductions are not at all clear and may not be quantifiable. Therefore, no action is proposed.

Attachments:
2020, 2021, and 2022 Annual Consumer Confidence Reports (containing prior year’s data, respectively)

Since 1990, California public water utilities have been providing an annual Water Quality Report to their customers. This year’s report covers calendar year 2019 drinking water quality testing and reporting. The City of Fountain Valley Water Depart ment (City) vigilantly safe guards yourwater supply and, as in years past, the water delivered to your home meetsor exceeds the quality standards required by federal and state regulatoryagencies. The U.S. Environmental Protection Agency (USEPA) and theState Water Resources Control Board, Division of Drinking Water (DDW)are the agencies responsible for estab lish ing and enforcing drinking waterquality standards.

Pursuant to the California Safe Drinking Water Act, the City monitors over 100 chemicals in your water supply. This report includes only thechemicals actually detected in the water. In some cases, the City goesbeyond what is required by testing for unregulated chemicals that may haveknown health risks but do not have drinking water standards. Unregulatedchemical monitoring helps USEPA and DDW determine where certain chemicals occur and whethernew standards need to beestablished for those chemicalsto protect public health.

Through drinking water quality
testing programs carried out bythe Orange County Water District(OCWD) for groundwater, theMetropolitan Water District of Southern California (MWDSC) for treatedsurface water, and the City for the water distribution system, yourdrinking water is constantly monitored from source to tap for contaminantsthat are regulated and unregulated.

The State allows us to monitor for some contaminants less than once per year because the concentrations of these contaminants do not changefrequently. Therefore, some of our results, though representative of currentconditions, are more than one year old.

Your 2020 Water Quality Report Water Quality Report

For information or concerns about this report, or your water quality in general, please contact Kevin Deason, Water Quality Technician, at (714) 593-4624, send an email to [email protected], or visit the City’s website at www.fountainvalley.org.

You may also address your concerns at the regularly scheduled City Council Meetings held at City Hall at 10200 Slater Avenue in Fountain Valley on the first and third Tuesdays of each month at 6:00 pm in the City Hall Council Chambers.

Please feel free to participate in these meetings. The City firmly believes in the public’s right to know as much as possible about the quality of their drinking water and the health of their watershed.

Your input and concerns are very important to us.

For more information about the health effects of the listed contaminants in the following tables, call the USEPA hotline at (800) 426-4791.

Questions about your water? Contact us for answers.

Sources of Supply
The City’s water supply is a blend of groundwater from six City wells and one imported water connection originating from Northern California and the Colorado River by the Municipal Water District of Orange County (MWDOC) via MWDSC.

Groundwater comes from a natural underground aquifer that is replenished with water from the Santa Ana River, local rainfall, recycled Groundwater Replenishment System (GWRS) water, and imported water. The groundwater basin is 350 square miles and lies beneath north and central Orange County from Irvine to the Los Angeles County border and from Yorba Linda to the Pacific Ocean. More than 20 cities and retail water districts draw from the basin to provide water to homes and businesses.

Orange County’s Water Future
For years, Orange County has enjoyed an abund ant, seemingly endless supply of high-quality water. However, as water demand continues to increase state wide, we must be even more conscientious about our water supply and maximize the efficient use of this precious natural resource.

OCWD and MWDOC work coopera -
tively to evaluate new and innovative
water manage ment and supply
development programs, including water
reuse and recycling, wetlands expansion,
recharge facility construction, ocean and
brackish water desalination, surface
storage and water use efficiency
programs. These efforts are helping to
enhance long-term countywide water
reliability and water quality.

A healthy water future for Orange
County rests on finding and developing
new water supplies, as well as protecting the quality of the water that we have today.

Your local and regional water agencies are committed to making the necessary investments today in new water management projects to ensure an abundant and high-quality water supply for our future.

Basic Information About
Drinking Water Contaminants
The sources of drinking water (both tap water and bottled water) include rivers, lakes, streams, ponds, reservoirs, springs and wells. As water travels over the surface of land or through the ground it dissolves naturally occurring minerals and, in some cases, radioactive material, and can pick up substances resulting from the presence of animals or human activity.

Contaminants that may be present in source water include:

S Microbial contaminants, such as viruses and bacteria, that may come from sewage treatment plants, septic systems, agri cultural livestock operations and wildlife.

S Inorganic contaminants, such as salts and metals, that can be natur ally occurring or result from urban stormwater runoff, industrial or domestic waste water discharges, oil and gas production, mining or farming.

S Radioactive contaminants, that can be naturally occurring or be the result of oil and gas production or mining activities.

S Organic chemical contaminants, includ ing synthetic and volatile organic chemicals, that are by-products of industrial processes and petroleum production, and can also come from gas stations,
urban storm water runoff,
agricultural application and
septic systems.

S Pesticides and herbicides, that
may come from a variety of
sources such as agri culture,
urban stormwater runoff and
residential uses.

In order to ensure that tap
water is safe to drink, USEPA and the DDW prescribe regulations that limit the amount of certain contaminants in water provided by public water systems.

The U.S. Food and Drug Administration regulations and California law also establish limits for contaminants in bottled water that provide the same protection for public health. Drinking water, including bottled water, may reasonably be expected to contain at least small amounts of some contaminants. The presence of contaminants does not necessarily indicate that water poses a health risk.

More information about contaminants and potential health effects can be obtained by calling the USEPA’s Safe Drinking Water Hotline at (800) 426-4791.

Immuno-Compromised People
Some people may be more vulnerable to
contami nants in drinking water than the
general population. Immuno-compromised
people, such as those with cancer who are
under going chemo therapy, persons who
have had organ trans plants, people with
HIV/AIDS or other immune system
disorders, some elderly persons and infants
can be particularly at risk from infections.

These people should seek advice about
drinking water from their health care
providers. USEPA/Centers for Disease
Control (CDC) guidelines on appropriate means to lessen the risk of infection by Cryptosporidium and other microbial contaminants are available from the Safe Drinking Water Hotline, (800) 426-4791.

The Quality of Your Water Is Our Primary Concern

What are Water Quality Standards?
Drinking water standards established by USEPA and DDW
set limits for substances that may affect consumer health or aesthetic qualities of drinking water. The chart in this report shows the following types of water quality standards:
• Maximum Contaminant Level (MCL): The highest level of a contaminant that is allowed in drinking water. Primary MCLs are set as close to the PHGs (or MCLGs) as is economically and technologically feasible.
• Maximum Residual Disinfectant Level (MRDL): The highest level of a disinfectant allowed in drinking water. There is convincing evidence that addition of a disinfectant is
necessary for control of microbial contaminants.
• Secondary MCLs: Set to protect the odor, taste, and appear - ance of drinking water.
• Primary Drinking Water Standard (PDWS): MCLs, MRDLs
and Treatment Techniques (TTs) for conta mi nants that
affect health, along with their monitoring and reporting requirements.
• Regulatory Action Level (AL): The concentration of a
contaminant, which, if exceeded, triggers treatment or other requirements that a water system must follow.

How are Contaminants Measured?
Water is sampled and tested throughout the year.

Contaminants are measured in:
• parts per million (ppm) or milligrams per liter (mg/L) • parts per billion (ppb) or micrograms per liter (µg/L) • parts per trillion (ppt) or nanograms per liter (ng/L) What is a Water Quality Goal?
In addition to mandatory water quality standards, USEPA and DDW have set voluntary water quality goals for some con - tami nants. Water quality goals are often set at such low levels that they are not achievable in practice and are not directly measur able. Nevertheless, these goals provide useful guide - posts and direction for water management practices. The chart in this report includes three types of water quality goals:
• Maximum Contaminant Level Goal (MCLG): The level of a contaminant in drinking water below which there is no
known or expected risk to health. MCLGs are set by USEPA. • Maximum Residual Disinfectant Level Goal (MRDLG): The level of a drinking water disinfectant below which there is no known or expected risk to health. MRDLGs do not reflect the benefits of the use of disinfectants to control microbial contaminants.
• Public Health Goal (PHG): The level of a contaminant in drinking water below which there is no known or expected risk to health. PHGs are set by the California Environ mental Protection Agency.

Drinking Water Fluoridation
Fluoride occurs naturally in the City’s water supplies. In addition to the natural levels, the City’s water system adds a small concentration of sodium fluoride to the water to promote dental benefits per a majority vote of the community. Fluoridating the water especially helps to prevent tooth decay in children. Because of the dramatic health benefits of fluori dating drinking water, a 1997 assembly bill of the state of California has mandated all large system water suppliers to begin fluori dating their systems. In 2007 MWDSC began fluori dation of their water supply. The City’s water is fluori dated to the DDW optimal range between 0.6 to 1.2 parts per million.

There are many places to go for additional infor ma tion about the fluoridation of drinking water.

U.S. Centers for Disease Control and Prevention:
1-800-232-4636 • www.cdc.gov/fluoridation/
State Water Resources Control Board, Division of Drinking Water:
www.waterboards.ca.gov/drinking_water/certlic/
drinkingwater/Fluoridation.html
For more information about MWDSC’s fluori dation program, please contact Edgar G. Dymally at (213) 217-5709 or at [email protected].
2019 City of Fountain Valley Drinking Water Quality
Local Groundwater and Metropolitan Water District Treated Surface Water PHG Avg. Local Avg. MWD Range of MCL
Chemical MCL (MCLG) Groundwater Surface Water Detections Violation? Typical Source of Contaminant Radiologicals – Tested in 2013, 2017, and 2019
Beta Radiation (pCi/L) 50* (0) < 4 ND ND – 4.62 No Decay of Man-made or Natural Deposits Uranium (pCi/L) 20 0.43 2.7 ND ND – 6.8 No Erosion of Natural Deposits Inorganic Chemicals – Tested in 2019
Aluminum (ppm) 1 0.6 ND 0.124 ND – 0.065 No Treatment Process Residue, Natural Deposits Bromate (ppb) 10 0.1 NR 2 ND – 5.9 No Byproduct of Drinking Water Ozonation Fluoride (ppm) naturally-occurring 2 1 0.41 NR 0.3 – 0.46 No Erosion of Natural Deposits Fluoride (ppm) treatment-related 2 1 See Footnote 1 0.7 0.1 – 0.9 No Water Additive for Dental Health Nitrate as N (ppm) 10 10 1.37 0.5 0.5 – 2.17 No Agriculture Runoff and Sewage Nitrate and Nitrite as N (ppm) 10 10 1.38 0.5 0.5 – 2.18 No Agriculture runoff and sewage Secondary Standards** – Tested in 2019
Aluminum (ppb) 200** 600 ND 124 ND – 65 No Treatment Process Residue, Natural Deposits Chloride (ppm) 500** n/a 40.9 56 27.9 – 65.9 No Runoff or Leaching from Natural Deposits Color (color units) 15** n/a ND ND ND – 1 No Naturally-occurring Organic Materials Odor (threshold odor number) 3** n/a ND ND ND – 1 No Naturally-occurring Organic Materials Specific Conductance (µmho/cm) 1,600** n/a 611 514 465 – 852 No Substances that Form Ions in Water Sulfate (ppm) 500** n/a 79.8 91 48.1 – 134 No Runoff or Leaching from Natural Deposits Total Dissolved Solids (ppm) 1,000** n/a 384 304 296 – 590 No Runoff or Leaching from Natural Deposits Turbidity (NTU) 5** n/a <0.1 ND ND – 0.3 No Runoff or Leaching from Natural Deposits Unregulated Chemicals – Tested in 2019
Alkalinity, total as CaCO3 (ppm) Not Regulated n/a 170 72 69 – 220 n/a Runoff or Leaching from Natural Deposits Boron (ppm) NL = 1 n/a < 0.1 0.12 ND – 0.14 n/a Runoff or Leaching from Natural Deposits Calcium (ppm) Not Regulated n/a 70.5 30 29 – 104 n/a Runoff or Leaching from Natural Deposits Chromium, Hexavalent (ppb) Not Regulated 0.02 0.59 ND ND – 2.43 No Erosion of Natural Deposits; Industrial Discharge Hardness, total as CaCO3 (ppm) Not Regulated n/a 228 127 124 – 332 n/a Runoff or Leaching from Natural Deposits Hardness, total (grains/gallon) Not Regulated n/a 13 7.4 7.3 – 19 n/a Runoff or Leaching from Natural Deposits Magnesium (ppm) Not Regulated n/a 12.7 14 8.3 – 17.8 n/a Runoff or Leaching from Natural Deposits Perfluorohexanoic Acid (ppt) Not Regulated n/a NR 2.3 2.2 – 2.3 n/a Industrial Discharge pH (pH units) Not Regulated n/a 7.9 8.4 7.6 – 8.5 n/a Hydrogen Ion Concentration Potassium (ppm) Not Regulated n/a 2.6 2.8 1.7 – 3.9 n/a Runoff or Leaching from Natural Deposits Sodium (ppm) Not Regulated n/a 42.4 56 36.6 – 57 n/a Runoff or Leaching from Natural Deposits Total Organic Carbon (ppm) TT n/a NR 2.4 1.8 – 2.6 n/a Various Natural and Man-made Sources ppb = parts-per-billion; ppm = parts-per-million; ppt = parts per trillion; pCi/L = picoCuries per liter; NTU = nephelometric turbidity units; µmho/cm = micromhos per centimeter; ND = not detected; NR = Not Required to be analyzed; MCL = Maximum Contaminant Level; (MCLG) = federal MCL Goal; n/a = not applicable; PHG = California Public Health Goal; NL = Notification Level *The DDW considers 50 pCi/L to be the level of concern for beta particles. **Contaminant is regulated by a secondary standard to maintain aesthetic qualities (taste, odor, color) (1) The Fountain Valley water system treats your water by adding fluoride to the naturally occurring level in order to help prevent dental caries in consumers.

The fluoride levels in the treated water are maintained by the City within a control range of 0.6 ppm to 1.2 ppm.

Turbidity – combined filter effluent Treatment Turbidity TT Metropolitan Water District Diemer Filtration Plant Technique Measurements Violation? Typical Source of Contaminant 1) Highest single turbidity measurement 0.3 NTU 0.05 No Soil Runoff 2) Percentage of samples less than 0.3 NTU 95% 100% No Soil Runoff Turbidity is a measure of the cloudiness of the water, an indication of particulate matter, some of which might include harmful microorganisms.

Low turbidity in Metropolitan’s treated water is a good indicator of effective filtration. Filtration is called a ”treatment technique” (TT).

A treatment technique is a required process intended to reduce the level of contaminants in drinking water that are difficult and sometimes impossible to measure directly.

Unregulated Chemicals Requiring Monitoring
Notification Average Average MWD Range of Most Recent
Chemical Level PHG Groundwater Imported Water Detections Sampling Date Bromide (ppm) n/a n/a 0.14 NR 0.081 – 0.242 2019
Germanium (ppb) n/a n/a ND 0.1 ND – 0.4 2019
Manganese (ppb)*** SMCL = 50 n/a 1.9 1.73 ND – 12.1 2019 Total Organic Carbon (Unfiltered) (ppm) n/a n/a 0.17 NR 0.08 – 0.38 2019 SMCL = Secondary MCL
***Manganese is regulated with a secondary standard of 50 ppb but was not detected, based on the detection limit for purposes of reporting of 20 ppb. ***Manganese was included as part of the unregulated chemicals requiring monitoring.

Federal and State Water Quality Regulations
Water Quality Issues that Could Affect Your Health

Source Water Assessments
Imported (MWDSC) Water Assessment
Every five years, MWDSC is required by DDW
to examine possible sources of drinking water
contamination in its State Water Project and
Colorado River source waters.

The most recent watershed sanitary surveys of
its source water supplies from the Colorado
River was updated in 2015 and the State Water Project was updated in 2016.

Water from the Colorado River is considered to be most vulnerable to contamination from recreation, urban/storm water runoff, increasing urbanization in the watershed, and wastewater. Water supplies from Northern
California’s State Water Project are most
vulnerable to contamination from
urban/stormwater runoff, wildlife, agriculture,
recreation, and wastewater.

USEPA also requires MWDSC to complete one
Source Water Assessment (SWA) that utilizes
information collected in the water shed sanitary
surveys. MWDSC completed its SWA in December
2002. The SWA is used to evalu ate the
vulnerability of water sources to con tamination
and helps deter mine whether more protective
measures are needed.

A copy of the most recent summary of either
Watershed Sanitary Survey or the SWA can be
obtained by calling MWDSC at (800) CALL-MWD
(225-5693).

Groundwater Assessment
An assessment of the drinking water sources for
the City was completed in February 2003 and was
updated in October 2016 for Wells 6, 9 and 10.

The ground water sources are considered most
vulnerable to the following activities not associated
with detected contami nants: dry cleaners, gas
stations, historic gas stations, NPDES/WDR
permitted discharges, and sewer collection
systems.

A copy of the complete assessment is avail able
at State Water Resources Control Board, Division
of Drinking Water, Santa Ana District, 2 MacArthur
Place, Suite 150, Santa Ana, California 92707.

Total Coliform Rule
This Consumer Confidence Report (CCR) reflects changes in drinking water regula tory requirements instituted during 2016. All water systems are required to comply with the state Total Coliform Rule. Effective April 1, 2016, all water systems are also required to comply with the federal Revised Total Coliform Rule.

The new federal rule protects public health by ensuring the integrity of the drinking water distribution system by monitor ing for the presence of microbials (i.e., total coliform and E. coli bacteria). The USEPA anticipates greater public health protection as the new rule requires water systems that are vulnerable to microbial contamination to identify and resolve potential issues. Water systems that exceed a specified frequency of total coliform occurrences are required to conduct an assessment to determine if any sanitary defects exist. If found, these must be corrected by the water system.

Chloramines
The City imports water from MWDSC which produces
water using chloramines, a combi nation of chlorine and ammonia, as its drinking water dis infectant. Chlora mines are effective killers of bacteria and other micro organisms that may cause disease. Chlora mines form fewer disinfec - tion by-products and have no odor when used properly.

People who use kidney dialysis machines may want to take special precautions and consult their physician for the appropriate type of water treatment.

Customers who maintain fish ponds, tanks or aquaria
should also make necessary adjust ments in water quality treatment, as these disinfectants are toxic to fish. For further informa tion or if you have any questions about chloramines please call (714) 593-4624.

About Lead in Tap Water
If present, elevated levels of lead can cause serious health problems, especially for preg nant women and young children.

Lead in drinking water is primarily from materials and
compo nents associated with service lines and home
plumbing.

The City is responsible for providing high quality drinking water, but cannot control the variety of materials used in plumbing compo nents. When your water has been sitting for several hours, you can minimize the potential for lead
exposure by flushing your tap for 30 seconds to 2 minutes before using water for drinking or cooking.

If you are concerned about lead in your water, you may wish to have your water tested. Infor ma tion on lead in drinking water, testing methods, and steps you can take to minimize exposure is available from the Safe Drinking Water Hotline, (800) 426-4791, or at www.epa.gov/lead.
2019 City of Fountain Valley Distribution System Water Quality Disinfection MCL Average Range of MCL Typical Source
Byproducts (MRDL/MRDLG) Amount Detections Violation? of Contaminant Total Trihalomethanes (ppb) 80 21 ND – 22 No Byproducts of chlorine disinfection Haloacetic Acids (ppb) 60 3 ND – 1 No Byproducts of chlorine disinfection Chlorine Residual (ppm) (4 / 4) 0.44 0.23 – 0.62 No Disinfectant added for treatment Aesthetic Quality
Color (color units) 15* <3 ND – 5 No Erosion of natural deposits Odor (threshold odor number) 3* 1 1 – 2 No Erosion of natural deposits Turbidity (NTU) 5* <0.1 0.1 -1.8 No Erosion of natural deposits Eight locations in the distribution system are tested quarterly for total trihalomethanes and haloacetic acids; thirty are tested monthly for color, odor and turbidity.

MRDL = Maximum Residual Disinfectant Level; MRDLG = Maximum Residual Disinfectant Level Goal; NTU = nephelometric turbidity units; ND = not detected. *Contaminant is regulated by a secondary standard to maintain aesthetic qualities (taste, odor, color) Highest Monthly MCL Typical Source
Bacterial Quality MCL MCLG Percent Positives Violation? of Contaminant Total Coliform Bacteria 5.0% 0 0.81% No Naturally present in the environment No more than 5.0% of the monthly samples may be positive for total coliform bacteria.

The occurrence of 2 consecutive total coliform positive samples, one of which contains fecal coliform/E. coli, constitutes an acute MCL violation.

Lead and Copper Action Levels at Residential Taps
Action Level Public 90th Percentile Sites Exceeding AL / AL Typical Source (AL) Health Goal Value Number of Sites Violation? of Contaminant Copper (ppm) 1.3 0.3 0.19 0 / 39 No Corrosion of household plumbing Lead (ppb) 15 0.2 ND 0 / 39 No Corrosion of household plumbing For the sampling event, 39 residences were tested for lead and copper at-the-tap. The most recent set of samples was collected in August 2018.

Lead was detected in two homes, none of which exceeded the Action Level (AL). Copper was detected in 27 samples, none of which exceeded the AL.

A regulatory AL is the concentration of a contaminant which, if exceeded, triggers treatment or other requirements that a water system must follow.

In 2019, no school submitted a request to be sampled for lead.

Unregulated Chemicals Requiring Monitoring in the Distribution System Notification Average Range of Most Recent
Chemical Level PHG Amount Detections Sampling Date
Chlorodibromoacetic Acid (ppb) n/a n/a 0.041 ND – 0.4 2019 Dibromoacetic Acid (ppb) n/a n/a 0.37 ND – 1.1 2019
Dichloroacetic Acid (ppb) n/a MCLG = 0 0.012 ND – 0.4 2019

This report contains important
information about your drinking water.

Translate it, or speak with someone
who understands it.

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informa ción importante
sobre su agua para beber.

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alguien que entiende.

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Fountain V Fountain Valley Water: alley Water:

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The Coronavirus (COVID-19) does not present a threat to our water supplies. We continually monitor and test the quality of your water and are committed to ensuring its safety.

Providing a safe, clean, reliable supply of water for you and your family is our highest priority.

For more information, visit: www.fountainvalley.org/1205/Water-Quality-Reports-FAQs Rest Assured,Your Tap Wateris Safe, Clean,and Reliable

where certain chemicals
occur and whether new standards need to be established for those chemicals to protect public health.

Through drinking water quality testing programs carried out by the Orange County Water District (OCWD) for groundwater, the Metropolitan Water District of Southern California (MWDSC) for treated surface water, and the City for the water distribution system, your drinking water is constantly monitored from source to tap for contaminants that are regulated and unregulated.

The State allows us to monitor for some contaminants less than once per year because the concentrations of these contaminants do not change frequently. Therefore, some of our results, though representative of current conditions, are more than one year old.

Since 1990, California public water utilities have been providing an annual Water Quality Report to their customers. This year’s report covers calendar year 2020 drinking water quality testing and reporting.

The City of Fountain Valley Water Depart ment (City) vigilantly safe guards your water supply and, as in years past, the water delivered to your home meets or exceeds the quality standards required by federal and state regulatory agencies. The U.S. Environmental Protection Agency (USEPA) and the State Water Resources Control Board, Division of Drinking Water (DDW) are the agencies responsible for estab lish ing and enforcing drinking water quality standards.

Pursuant to the California Safe Drinking Water Act, the City monitors over 100 chemicals in your water supply. This report includes only the chemicals actually detected in the water. In some cases, the City goes beyond what is required by testing for unregulated chemicals that may have known health risks but do not have drinking water standards. Unregulated chemical monitoring helps USEPA and DDW determine Your 2021 Water Quality Report Water Quality Report

Sources of Supply
The City’s water supply is a blend of
groundwater from six City wells and one
imported water connection originating
from Northern California and the
Colorado River by the Municipal Water
District of Orange County (MWDOC)
via MWDSC. Groundwater comes from
a natural under ground aquifer that is
replenished with water from the Santa
Ana River, local rain fall, recycled
Groundwater Replenishment System (GWRS) water, and imported water. The groundwater basin is 350 square miles and lies beneath north and central Orange County from Irvine to the Los Angeles County border and from Yorba Linda to the Pacific Ocean. More than 20 cities and retail water districts draw from the basin to provide water to homes and businesses. In 2020, the City only provided groundwater, which is reflected in the charts provided.

Orange County’s
Water Future
For years, Orange County has
enjoyed an abund ant, seemingly
endless supply of high-quality
water. However, as water demand
continues to increase state wide,
we must be even more
conscientious about our water
supply and maximize the efficient use of this precious natural resource.

OCWD and MWDOC work coopera tively to evaluate new and innovative water manage ment and supply development programs,
including water reuse and recycling, wetlands
expansion, recharge facility construction, ocean and
brackish water desalination, surface storage and water
use efficiency programs. These efforts are helping
to enhance long-term countywide water reliability and
water quality.

A healthy water future for Orange County rests on
finding and developing new water supplies, as well as
protecting the quality of the water that we have today.

Your local and regional water agencies are committed
to making the necessary investments today in new
water management projects to ensure an abundant
and high-quality water supply for our future.

Basic Information About
Drinking Water Contaminants
The sources of drinking water (both tap water and
bottled water) include rivers, lakes, streams, ponds,
reservoirs, springs and wells. As water travels over the surface of land or through the ground it dissolves
naturally occurring minerals and, in some cases,
radioactive material, and can pick up substances resulting from the presence of animals or human activity.

Contaminants that may be present in source water include:

S Microbial contaminants, such as viruses and bacteria, that may come from sewage treatment plants, septic systems, agri cultural livestock operations and wildlife.

S Inorganic contaminants, such as salts and metals, that can be natur ally occurring or result from urban stormwater runoff,
industrial or domestic waste water discharges, oil
and gas production, mining or farming.

S Radioactive contaminants, that can be naturally
occurring or be the result of oil and gas
production or mining activities.

S Organic chemical contaminants, includ ing
synthetic and volatile organic chemicals, that are
by-products of industrial processes and
petroleum production, and can also come from
gas stations, urban storm water runoff, agricultural
application and septic systems.

S Pesticides and herbicides, that may come from a variety of sources such as agri culture, urban stormwater runoff and residential uses.

In order to ensure that tap water is safe to drink, USEPA and the DDW prescribe regulations that limit the amount of certain contami nants in water provided by public water systems.

The U.S. Food and Drug Administration regulations and California law also establish limits for contaminants in bottled water that provide the same protection for public health. Drinking water, including bottled water, may reasonably be expected to contain at least small amounts of some contaminants.

The presence of contaminants does not necessarily
indicate that water poses a health risk.

More information about contaminants and
potential health effects can be obtained by calling
the USEPA’s Safe Drinking Water Hotline at
(800) 426-4791.

Immunocompromised People
Some people may be more vulnerable to
contami nants in drinking water than the general
population. Immunocompromised people, such as
those with cancer who are under going chemo -
therapy, persons who have had organ trans plants,
people with HIV/AIDS or other immune system
disorders, some elderly persons and infants can be
particularly at risk from infections. These people
should seek advice about drinking water from their
health care providers. USEPA/Centers for Disease
Control (CDC) guidelines on appropriate means to
lessen the risk of infection by Cryptosporidium and
other microbial contaminants are available from
the Safe Drinking Water Hotline, (800) 426-4791.

Constant Monitoring Ensures Continued Excellence
For information or concerns about this report, or
your water quality in general, please contact Kevin
Deason, Water Quality Technician, at (714) 593-4624,
send an email to [email protected],
or visit the City’s website at www.fountainvalley.org.

You may also address your concerns at the
regularly scheduled City Council Meetings held at
City Hall at 10200 Slater Avenue in Fountain Valley
on the first and third Tuesdays of each month at
6:00 pm in the City Hall Council Chambers. Please
feel free to participate in these meetings. The City
firmly believes in the public’s right to know as much
as possible about the quality of their drinking water
and the health of their watershed.

Your input and concerns are very important to us.

For more information about the health effects of
the listed contaminants in the following tables, call
the USEPA hotline at (800) 426-4791.

We Invite You to Learn More
About Your Water’s Quality
The
California
State
Water
Project

What are Water Quality Standards?
Drinking water standards established by USEPA and
DDW set limits for substances that may affect consumer
health or aesthetic qualities of drinking water. The charts in this report show the following types of water quality standards:

S Maximum Contaminant Level (MCL): The highest
level of a contaminant that is allowed in drinking water.

Primary MCLs are set as close to the PHGs (or
MCLGs) as is economically and technologically
feasible.

S Maximum Residual Disinfectant Level (MRDL): The
highest level of a disinfectant allowed in drinking
water. There is convincing evidence that addition of a
disinfectant is necessary for control of microbial
contaminants.

S Secondary MCLs: Set to protect the odor, taste, and
appear ance of drinking water.

S Primary Drinking Water Standard (PDWS): MCLs,
MRDLs and Treatment Techniques (TTs) for conta mi -
nants that affect health, along with their monitoring
and reporting requirements.

S Regulatory Action Level (AL): The concentration of a
contaminant which, if exceeded, triggers treatment or
other requirements that a water system must follow.

What is a Water Quality Goal?
In addition to mandatory water quality standards,
USEPA and DDW have set voluntary water quality goals
for some contami nants. Water quality goals are often set at such low levels that they are not achievable in practice and are not directly measur able. Nevertheless, these
goals provide useful guide posts and direction for water management practices. The charts in this report include three types of water quality goals:

S Maximum Contaminant Level Goal (MCLG): The level
of a contaminant in drinking water below which there
is no known or expected risk to health. MCLGs are set
by USEPA.

S Maximum Residual Disinfectant Level Goal (MRDLG):

The level of a drinking water disinfectant below which
there is no known or expected risk to health. MRDLGs
do not reflect the benefits of the use of disinfectants to control microbial contaminants.

S Public Health Goal (PHG): The level of a contaminant
in drinking water below which there is no known or
expected risk to health. PHGs are set by the California Environ mental Protection Agency.

How are Contaminants Measured?
Water is sampled and tested throughout the year.

Contaminants are measured in:

S parts per million (ppm) or milligrams per liter (mg/L) S parts per billion (ppb) or micrograms per liter (µg/L) S parts per trillion (ppt) or nanograms per liter (ng/L) Drinking Water Fluoridation
Fluoride occurs naturally in the City’s water supplies. In addition to the natural levels, the City’s water system adds a small concentra - tion of sodium fluoride to the water to promote dental benefits per a majority vote of the community. Fluoridating the water especially helps to prevent tooth decay in children. Because of the dramatic health benefits of fluori dating drinking water, a 1997 assembly bill of the state of California has mandated all large system water suppliers to begin fluori dating their systems. In 2007 MWDSC began fluori - dation of their water supply. The City’s water is fluori dated to the DDW optimal range between 0.6 to 1.2 parts per million.

There are many places to go for additional infor ma tion about the fluoridation of drinking water.

U.S. Centers for Disease Control and Prevention
1-800-232-4636 S www.cdc.gov/fluoridation/
State Water Resources Control Board, Division of Drinking Water www.waterboards.ca.gov/drinking_water/certlic/
drinkingwater/Fluoridation.html
For more information about MWDSC’s fluori dation program, please contact Edgar G. Dymally at (213) 217-5709 or via email at [email protected].
2020 City of Fountain Valley Drinking Water Quality
Local Groundwater
Average
PHG Local Range of MCL
Chemical MCL (MCLG) Groundwater Detections Violation? Typical Source of Contaminant Radiologicals – Tested in 2013 and 2020
Beta Radiation (pCi/L) 50* (0) < 4 ND – 4.62 No Decay of Man-made or Natural Deposits Uranium (pCi/L) 20 0.43 2.39 1.28 – 4.03 No Erosion of Natural Deposits Inorganic Chemicals – Tested in 2020
Fluoride (ppm) naturally-occurring 2 1 0.4 0.3 – 0.44 No Erosion of Natural Deposits Fluoride (ppm) treatment-related 2 1 See Footnote 1 See Footnote 1 No Water Additive for Dental Health Nitrate as N (ppm) 10 10 1.02 0.79 – 1.52 No Agriculture Runoff and Sewage Nitrate and Nitrite as N (ppm) 10 10 1.02 0.79 – 1.52 No Agriculture Runoff and Sewage Secondary Standards** – Tested in 2020
Chloride (ppm) 500** n/a 35.1 27.1 – 47.6 No Runoff or Leaching from Natural Deposits Specific Conductance (µmho/cm) 1,600** n/a 575 474 – 647 No Substances that Form Ions in Water Sulfate (ppm) 500** n/a 69.2 47.9 – 88.7 No Runoff or Leaching from Natural Deposits Total Dissolved Solids (ppm) 1,000** n/a 349 300 – 396 No Runoff or Leaching from Natural Deposits Turbidity (NTU) 5** n/a 0.1 ND – 0.4 No Runoff or Leaching from Natural Deposits Unregulated Chemicals – Tested in 2020
Alkalinity, total as CaCO3 (ppm) Not Regulated n/a 166 144 – 184 n/a Runoff or Leaching from Natural Deposits Boron (ppm) NL = 1 n/a < 0.1 ND – 0.16 n/a Runoff or Leaching from Natural Deposits Calcium (ppm) Not Regulated n/a 64.7 52.1 – 76 n/a Runoff or Leaching from Natural Deposits Chromium, Hexavalent (ppb) Not Regulated 0.02 0.7 ND – 2.4 No Erosion of Natural Deposits; Industrial Discharge Hardness, total as CaCO3 (ppm) Not Regulated n/a 211 166 – 243 n/a Runoff or Leaching from Natural Deposits Hardness, total (grains/gallon) Not Regulated n/a 12 9.7 – 14 n/a Runoff or Leaching from Natural Deposits Magnesium (ppm) Not Regulated n/a 11.8 8.6 – 13.1 n/a Runoff or Leaching from Natural Deposits pH (pH units) Not Regulated n/a 7.9 7.6 – 8 n/a Hydrogen Ion Concentration Potassium (ppm) Not Regulated n/a 2.4 1.7 – 3.6 n/a Runoff or Leaching from Natural Deposits Sodium (ppm) Not Regulated n/a 41 36.6 – 46.9 n/a Runoff or Leaching from Natural Deposits ppb = parts-per-billion; ppm = parts-per-million; pCi/L = picoCuries per liter; NTU = nephelometric turbidity units; µmho/cm = micromhos per centimeter; ND = not detected; MCL = Maximum Contaminant Level; (MCLG) = federal MCL Goal; n/a = not applicable; PHG = California Public Health Goal; NL = Notification Level *The DDW considers 50 pCi/L to be the level of concern for beta particles. **Contaminant is regulated by a secondary standard to maintain aesthetic qualities (taste, odor, color) ( 1 ) The Fountain Valley water system treats your water by adding fluoride to the naturally occurring level in order to help prevent dental caries in consumers.

The fluoride levels in the treated water are maintained by the City within a control range of 0.6 ppm to 1.2 ppm.

Unregulated Chemicals Requiring Monitoring
Notification Average Range of Most Recent
Chemical Level PHG Groundwater Amount Detections Sampling Date Bromide (ppm) n/a n/a 0.14 0.081 – 0.242 2019
Manganese (ppb)*** SMCL = 50 n/a 1.9 ND – 12.1 2019
Total Organic Carbon (Unfiltered) (ppm) n/a n/a 0.17 0.08 – 0.38 2019 SMCL = Secondary MCL
***Manganese is regulated with a secondary standard of 50 ppb but was not detected, based on the detection limit for purposes of reporting of 20 ppb.

Manganese was included as part of the unregulated chemicals requiring monitoring.

To Safeguard Against Issues that May Affect Your Health We Comply with All State & Federal Water Quality Regulations

Total Coliform Rule
This Consumer Confidence Report (CCR) reflects
changes in drinking water regula tory requirements
instituted during 2016. All water systems are required
to comply with the state Total Coliform Rule. Effective April 1, 2016, all water systems are also required to
comply with the federal Revised Total Coliform Rule.

The new federal rule protects public health by
ensuring the integrity of the drinking water
distribution system by monitor ing for the presence of
microbials (i.e., total coliform and E. coli bacteria).

The USEPA anticipates greater public health protection as the new rule requires water systems that are vulnerable to microbial contamination to identify and resolve potential issues. Water systems that exceed a specified frequency of total coliform occurrences are required to conduct an assessment to determine if any sanitary defects exist. If found, these must be corrected by the water system.

About Lead in Tap Water
If present, elevated levels of lead can cause serious
health problems, especially for preg nant women and
young children.

Lead in drinking water is primarily from materials and
compo nents associated with service lines and home
plumbing.

The City is responsible for providing high quality
drinking water, but cannot control the variety of materials used in plumbing compo nents. When your water has been sitting for several hours, you can minimize the potential for lead exposure by flushing your tap for 30 seconds to 2 minutes before using water for drinking or cooking.

If you are concerned about lead in your water, you may wish to have your water tested. Infor ma tion on lead in drinking water, testing methods, and steps you can take to minimize exposure is available from the Safe Drinking Water Hotline, (800) 426-4791, or at www.epa.gov/lead.

Chloramines
The City imports water from MWDSC which produces water using chloramines, a combi nation of chlorine and ammonia, as its drinking water dis infectant.

Chlora mines are effective killers of bacteria and
other micro organisms that may cause disease.

Chlora mines form fewer disinfec tion by-products
and have no odor when used properly.

People who use kidney dialysis machines may
want to take special precautions and consult their
physician for the appropriate type of water
treatment.

Customers who maintain fish ponds, tanks or
aquaria should also make necessary adjust ments in
water quality treatment, as these disinfectants are toxic to fish.

For more informa tion, or if you have any questions about chloramines, please call (714) 593-4624.

Source Water Assessment
Groundwater Assessment
An assessment of the drinking water sources
for the City was completed in February 2003
and was updated in October 2016 for Wells 6, 9
and 10.

The ground water sources are considered most
vulnerable to the following activities not
associated with detected contami nants: dry
cleaners, gas stations, historic gas stations,
NPDES/WDR permitted discharges, and sewer
collection systems.

A copy of the complete assessment is avail -
able at State Water Resources Control Board,
Division of Drinking Water, Santa Ana District,
2 MacArthur Place, Suite 150, Santa Ana,
California 92707.
2020 City of Fountain Valley Distribution System Water Quality Disinfection MCL Average Range of MCL Typical Source
Byproducts (MRDL/MRDLG) Amount Detections Violation? of Contaminant Total Trihalomethanes (ppb) 80 7 ND – 5.6 No Byproducts of chlorine disinfection Haloacetic Acids (ppb) 60 1 ND – 1.2 No Byproducts of chlorine disinfection Chlorine Residual (ppm) (4 / 4) 0.38 0.22 – 0.56 No Disinfectant added for treatment Aesthetic Quality
Color (color units) 15* 3 ND – 5.6 No Erosion of natural deposits Odor (threshold odor number) 3* 1 1 – 2 No Erosion of natural deposits Turbidity (NTU) 5* 0.18 ND – 4.4 No Erosion of natural deposits Eight locations in the distribution system are tested quarterly for total trihalomethanes and haloacetic acids; thirty are tested monthly for color, odor and turbidity.

MRDL = Maximum Residual Disinfectant Level; MRDLG = Maximum Residual Disinfectant Level Goal; NTU = nephelometric turbidity units; ND = not detected. *Contaminant is regulated by a secondary standard to maintain aesthetic qualities (taste, odor, color) Highest Monthly MCL Typical Source
Bacterial Quality MCL MCLG Percent Positives Violation? of Contaminant Total Coliform Bacteria 5.0% 0 2.3% No Naturally present in the environment No more than 5.0% of the monthly samples may be positive for total coliform bacteria.

The occurrence of 2 consecutive total coliform positive samples, one of which contains fecal coliform/E. coli, constitutes an acute MCL violation.

Lead and Copper Action Levels at Residential Taps
Action Level Public 90th Percentile Sites Exceeding AL / AL Typical Source (AL) Health Goal Value Number of Sites Violation? of Contaminant Copper (ppm) 1.3 0.3 0.19 0 / 39 No Corrosion of household plumbing Lead (ppb) 15 0.2 ND 0 / 39 No Corrosion of household plumbing For the sampling event, 39 residences were tested for lead and copper at-the-tap. The most recent set of samples was collected in August 2018.

Lead was detected in two homes, none of which exceeded the Action Level (AL). Copper was detected in 27 samples, none of which exceeded the AL.

A regulatory AL is the concentration of a contaminant which, if exceeded, triggers treatment or other requirements that a water system must follow.

In 2020, no school submitted a request to be sampled for lead.

Unregulated Chemicals Requiring Monitoring in the Distribution System Notification Average Range of Most Recent
Chemical Level PHG Amount Detections Sampling Date
Chlorodibromoacetic Acid (ppb) n/a n/a 0.04 ND – 0.4 2019 Dibromoacetic Acid (ppb) n/a n/a 0.37 ND – 1.1 2019
Dichloroacetic Acid (ppb) n/a MCLG = 0 0.01 ND – 0.4 2019 Want Additional Information?
There’s a wealth of information on the
internet about Drinking Water Quality and
water issues in general, especially the
drought and conservation. Some good sites
to begin your research are:

City of Fountain Valley:
www.fountainvalley.org
Water Conservation
Tips & Rebate Information:
www.ocwatersmart.com

This report contains important
information about your drinking water.

Translate it, or speak with someone
who understands it.

Este informe contiene
informa ción importante
sobre su agua para beber.

Traducir, o hable con
alguien que entiende.

Turn the tap and the water flows, as if by magic. Or so it seems. The reality is considerably different, however. Delivering high-quality drinking water to our customers is a scientific and engineering feat that requires considerable effort and talent to ensure the water is always there and safe to drink.

Because tap water is highly regulated by state and federal laws, water treatment and distribution operators must be licensed and are required to complete on-thejob training and technical education before becoming a state certified operator.

Our licensed water professionals have an understanding of a wide range of subjects, including mathematics, biology, chemistry, physics, and engineering.

Some of the tasks they complete on a regular basis include:

S Operating and maintaining equipment to purify and clarify water S Monitoring and inspecting machinery, meters, gauges, and operating conditions S Conducting tests and inspections on water and evaluating the results S Documenting and reporting test results and system operations to regulatory agencies S Serving our community through customer support, education, and outreach So, the next time you turn on your faucet, think of the skilled professionals who make every drop count.

Quality Water is Our Priority – Depend on Us PRESORT STD U.S. Postage PA I D
Santa Ana, CA
Permit No. 1208
ECRWSS

POSTAL CUSTOMER
City of Fountain Valley Field Services ~ Water Department 17300 Mt. Herrmann Street Fountain Valley, California 92708

RECYCLED
PAPER

PRINTED ON

where certain chemicals occur
and whether new standardsneed to be established forthose chemicals to protect public health.

Through drinking water
quality testing programscarried out by the Orange County Water District (OCWD) forgroundwater, the Metropolitan Water District of Southern California(MWDSC) for treated surface water, and the City for the water distributionsystem, your drinking water is constantly monitored from source to tap forcontaminants that are regulated and unregulated.

The State allows us to monitor for some contaminants less than once per year because the concentrations of these contaminants do not changefrequently. Therefore, some of our results, though representative ofcurrent conditions, are more than one year old.

Since 1990, California public water utilities have been providing an annual Water Quality Report to their customers. This year’s report covers calendar year 2021 drinking water quality testing and reporting.The City of Fountain Valley Water Depart ment (City) vigilantly safe guards your water supply and, as in years past, the water delivered to your homemeets or exceeds the quality standards required by federal and stateregulatory agencies. The U.S. Environmental Protection Agency (USEPA)and the State Water Resources Control Board, Division of Drinking Water(DDW) are the agencies responsible for estab lish ing and enforcingdrinking water quality standards.

Pursuant to the California Safe Drinking Water Act, the City monitors over 100 chemicals in your water supply. This report includes only thechemicals actually detected in the water. In some cases, the City goesbeyond what is required by testing for unregulated chemicals that mayhave known health risks but do not have drinking water standards.Unregulated chemical monitoring helps USEPA and DDW determine Your 2022 Water Quality Report Water Quality Report

Sources of Supply
The City’s water supply is a
blend of groundwater from six
City wells and one imported
water connection originating
from Northern California and the
Colorado River by the Municipal
Water District of Orange County
(MWDOC) via MWDSC.

Groundwater comes from a
natural under ground aquifer that
is replenished with water from the Santa Ana River, local rain fall, recycled Groundwater Replenishment System (GWRS) water, and imported water. The groundwater basin is 350 square miles and lies beneath north and central Orange County from Irvine to the Los Angeles County border and from Yorba Linda to the Pacific Ocean. More than 20 cities and retail water districts draw from the basin to provide water to homes and businesses. In 2021, the City only provided groundwater, which is reflected in the charts provided.

Orange County’s Water Future
For years, Orange County has enjoyed an abund ant, seemingly endless supply of high-quality water. However, as water demand continues to increase state wide, we must be even more conscientious about our water supply and maximize the efficient use of this precious natural resource.

OCWD and MWDOC work
coopera tively to evaluate new and
innovative water manage ment
and supply development
programs, including water reuse
and recycling, wetlands
expansion, recharge facility
construction, ocean and brackish
water desalination, surface
storage and water use efficiency
programs. These efforts are helping to enhance long-term countywide water reliability and water quality.

A healthy water future for Orange County rests on finding and developing new water supplies, as well as protecting the quality of the water that we have today. Your local and regional water agencies are committed to making the necessary investments today in new water management projects to ensure an abundant and high-quality water supply for our future.

Basic Information About
Drinking Water Contaminants
The sources of drinking water (both tap water and bottled water) include rivers, lakes, streams, ponds, reservoirs, springs and wells. As water travels over the surface of land or through the ground it dissolves natur ally occurring minerals and, in some cases, radioactive material, and can pick up substances resulting from the presence of animals or human activity.

Contaminants that may be present in source water include:

S Microbial contaminants, such as viruses and bacteria, that may come from sewage treatment plants, septic systems, agri cultural livestock operations and wildlife.

S Inorganic contaminants, such as salts and metals, that can be natur ally occurring or result from urban stormwater runoff, industrial or domestic waste water discharges, oil and gas production, mining or farming.

S Radioactive contaminants, that can be naturally occurring or be the result of oil and gas production or mining activities.

S Organic chemical contaminants, includ ing synthetic and volatile organic chemicals, that are by-products of industrial processes and petroleum production, and can also come from gas stations, urban storm water runoff, agricultural application and septic systems.

S Pesticides and herbicides, that may come from a variety of sources such as agri culture, urban stormwater runoff and residential uses.

In order to ensure that tap water is safe to drink, USEPA and the DDW prescribe regulations that limit the amount of certain contami nants in water provided by public water systems.

The U.S. Food and Drug Administration
regulations and California law also establish
limits for contaminants in bottled water that
provide the same protection for public health.

Drinking water, including bottled water, may
reasonably be expected to contain at least small
amounts of some contaminants. The presence of
contaminants does not necessarily indicate that
water poses a health risk.

More information about contaminants and
potential health effects can be obtained by
calling the USEPA’s Safe Drinking Water Hotline at (800) 426-4791 or visiting epa.gov/safewater.

Immunocompromised People
Some people may be more vulnerable to contami nants in drinking water than the general population. Immunocompromised people, such as those with cancer who are under going chemo therapy, persons who have had organ trans plants, people with HIV/AIDS or other immune system disorders, some elderly persons and infants can be particularly at risk from infections. These people should seek advice about drinking water from their health care providers. USEPA/Centers for Disease Control (CDC) guidelines on appropriate means to lessen the risk of infection by Cryptosporidium and other microbial contaminants are available from the Safe Drinking Water Hotline, (800) 426-4791, or epa.gov/safewater.

For information or
concerns about this report,
or your water quality in
general, please contact Kevin Deason, Water Quality Technician, at (714) 593-4624, send an email to [email protected], or visit the City’s website at fountainvalley.org.

You may also address your concerns at the regularly scheduled City Council Meetings held at City Hall at 10200 Slater Avenue in Fountain Valley on the first and third Tuesdays of each month at 6:00 pm in the City Hall Council Chambers. Please feel free to participate in these meetings.

The City firmly believes in the public’s right to know as much as possible about the quality of their drinking water and the health of their watershed.

Your input and concerns are very important to us.

For more information about the health effects of the listed contaminants in the following tables, call the USEPA hotline at (800) 426-4791 or visit epa.gov/safewater.

Constant Monitoring Ensures Continued Excellence Constant Monitoring Ensures Continued Excellence We Invite You to Learn More
About Your Water’s Quality
Englebright Dam on the Yuba River

What are Water Quality Standards?
Drinking water standards established by USEPA and
DDW set limits for substances that may affect consumer
health or aesthetic qualities of drinking water. The charts in this report show the following types of water quality standards:

S Maximum Contaminant Level (MCL): The highest
level of a contaminant that is allowed in drinking water.

Primary MCLs are set as close to the PHGs (or
MCLGs) as is economically and technologically
feasible.

S Maximum Residual Disinfectant Level (MRDL): The
highest level of a disinfectant allowed in drinking
water. There is convincing evidence that addition of a
disinfectant is necessary for control of microbial
contaminants.

S Secondary MCLs: Set to protect the odor, taste, and
appear ance of drinking water.

S Primary Drinking Water Standard (PDWS): MCLs,
MRDLs and Treatment Techniques (TTs) for conta mi -
nants that affect health, along with their monitoring
and reporting requirements.

S Regulatory Action Level (AL): The concentration of a
contaminant which, if exceeded, triggers treatment or
other requirements that a water system must follow.

What is a Water Quality Goal?
In addition to mandatory water quality standards,
USEPA and DDW have set voluntary water quality goals
for some contami nants. Water quality goals are often set at such low levels that they are not achievable in practice and are not directly measur able. Nevertheless, these
goals provide useful guide posts and direction for water management practices. The charts in this report include three types of water quality goals:

S Maximum Contaminant Level Goal (MCLG): The level
of a contaminant in drinking water below which there
is no known or expected risk to health. MCLGs are set
by USEPA.

S Maximum Residual Disinfectant Level Goal (MRDLG):

The level of a drinking water disinfectant below which
there is no known or expected risk to health. MRDLGs
do not reflect the benefits of the use of disinfectants to control microbial contaminants.

S Public Health Goal (PHG): The level of a contaminant
in drinking water below which there is no known or
expected risk to health. PHGs are set by the California Environ mental Protection Agency.

How are Contaminants Measured?
Water is sampled and tested throughout the year.

Contaminants are measured in:

S parts per million (ppm) or milligrams per liter (mg/L) S parts per billion (ppb) or micrograms per liter (µg/L) S parts per trillion (ppt) or nanograms per liter (ng/L) Chloramines
Although the City did not import water in 2021, the
City can import water as needed from MWDSC which
produces water using chloramines, a combi nation of
chlorine and ammonia, as its drinking water dis infectant.

Chlora mines are effective killers of bacteria and other micro organisms that may cause disease. Chlora mines
form fewer disinfec tion by-products and have no odor
when used properly.

People who use kidney dialysis machines may want to take special precautions and consult their physician for the appropriate type of water treatment.

Customers who maintain fish ponds, tanks or aquaria should also make necessary adjust ments in water quality treatment, as these disinfectants are toxic to fish.

For more informa tion, or if you have any questions about chloramines, please call (714) 593-4624.

About Lead in Tap Water
If present, elevated levels of lead can cause serious health problems, especially for preg nant women and young children.

Lead in drinking water is primarily from materials and compo nents associated 2021 City of Fountain Valley Drinking Water Quality
Local Groundwater
Average
PHG Local Range of MCL
Chemical MCL (MCLG) Groundwater Detections Violation? Typical Source of Contaminant Radiologicals – Tested in 2013 and 2020
Beta Radiation (pCi/L) 50* (0) < 4 ND – 4.62 No Decay of Man-made or Natural Deposits Uranium (pCi/L) 20 0.43 2.67 1.58 – 4.03 No Erosion of Natural Deposits Inorganic Chemicals – Tested in 2021
Fluoride (ppm) naturally-occurring 2 1 0.37 0.31 – 0.44 No Erosion of Natural Deposits Fluoride (ppm) treatment-related 2 1 See Footnote 1 No Water Additive for Dental Health Nitrate as N (ppm) 10 10 1.13 0.85 – 1.66 No Agriculture Runoff and Sewage Nitrate and Nitrite as N (ppm) 10 10 1.13 0.85 – 1.66 No Agriculture runoff and sewage Secondary Standards** – Tested in 2021
Chloride (ppm) **500** n/a 32 30.9 – 33.6 No Runoff or Leaching from Natural Deposits Specific Conductance (µmho/cm) **1,600** n/a 553 518 – 586 No Substances that Form Ions in Water Sulfate (ppm) **500** n/a 67 62.6 – 78.1 No Runoff or Leaching from Natural Deposits Total Dissolved Solids (ppm) **1,000** n/a 342 312 – 365 No Runoff or Leaching from Natural Deposits Turbidity (NTU) **5** n/a 0.58 ND – 4.8 No Runoff or Leaching from Natural Deposits Unregulated Chemicals – Tested in 2021
Alkalinity, total as CaCO3 (ppm) Not Regulated n/a 165 151 – 180 n/a Runoff or Leaching from Natural Deposits Boron (ppm) NL = 1 n/a < 0.1 ND – 0.12 n/a Runoff or Leaching from Natural Deposits Calcium (ppm) Not Regulated n/a 61.3 53.8 – 70.2 n/a Runoff or Leaching from Natural Deposits Chromium, Hexavalent (ppb) Not Regulated 0.02 1.27 ND – 2.39 No Erosion of Natural Deposits; Industrial Discharge Hardness, total as CaCO3 (ppm) Not Regulated n/a 199 174 – 228 n/a Runoff or Leaching from Natural Deposits Hardness, total (grains/gallon) Not Regulated n/a 11.6 10.2 – 13.3 n/a Runoff or Leaching from Natural Deposits Magnesium (ppm) Not Regulated n/a 11.2 9.1 – 13 n/a Runoff or Leaching from Natural Deposits pH (pH units) Not Regulated n/a 7.7 7.6 – 7.8 n/a Hydrogen Ion Concentration Potassium (ppm) Not Regulated n/a 2.3 1.8 – 3 n/a Runoff or Leaching from Natural Deposits Sodium (ppm) Not Regulated n/a 41.4 37.7 – 46 n/a Runoff or Leaching from Natural Deposits ppb = parts-per-billion; ppm = parts-per-million; pCi/L = picoCuries per liter; NTU = nephelometric turbidity units; µmho/cm = micromhos per centimeter; ND= not detected; MCL = Maximum Contaminant Level; (MCLG) = federal MCL Goal; n/a = not applicable; PHG = California Public Health Goal; NL = Notification Level *The DDW considers 50 pCi/L to be the level of concern for beta particles. **Contaminant is regulated by a secondary standard to maintain aesthetic qualities (taste, odor, color) ( 1 ) The Fountain Valley water system treats your water by adding fluoride to the naturally occurring level in order to help prevent dental caries in consumers.

The fluoride levels in the treated water are maintained by the City within a control range of 0.6 ppm to 1.2 ppm.

Unregulated Chemicals Requiring Monitoring
Notification Average Range of Most Recent
Chemical Level PHG Groundwater Amount Detections Sampling Date Bromide (ppm) n/a n/a 0.14 0.081 – 0.242 2019
Manganese (ppb)*** SMCL = 50 n/a 1.9 ND – 12.1 2019
Total Organic Carbon (Unfiltered) (ppm) n/a n/a 0.17 0.08 – 0.38 2019 SMCL = Secondary MCL
***Manganese is regulated with a secondary standard of 50 ppb but was not detected, based on the detection limit for purposes of reporting of 20 ppb.

Manganese was included as part of the unregulated chemicals requiring monitoring.

To Safeguard Against Issues that May Affect Your Health We Comply with All State & Federal Water Quality Regulations

with service lines and home plumbing.

The City is responsible for providing high quality
drinking water, but cannot control the variety of
materials used in plumbing compo nents. When
your water has been sitting for several hours, you
can minimize the potential for lead exposure by
flushing your tap for 30 seconds to 2 minutes
before using water for drinking or cooking.

If you are concerned about lead in your water,
you may wish to have your water tested. Infor ma tion
on lead in drinking water, testing methods, and
steps you can take to minimize exposure is available from the Safe Drinking Water Hotline, (800) 426-4791, or at epa.gov/lead.

Drinking Water Fluoridation
Fluoride occurs naturally in the City’s
water supplies. In addition to the natural
levels, the City’s water system adds a small
concentra tion of sodium fluoride to the water
to promote dental benefits per a majority
vote of the community. Fluoridating the
water especially helps to prevent tooth decay
in children. Because of the dramatic health
benefits of fluori dating drinking water, a 1997
assembly bill of the state of California has mandated all large system water suppliers to begin fluori dating their systems. In 2007 MWDSC began fluori dation of their water supply. The City’s water is fluori dated to the DDW optimal range between 0.6 to 1.2 parts per million.

There are many places to go for additional infor ma tion about the fluoridation of drinking water.

U.S. Centers for Disease Control and Prevention
1-800-232-4636 S cdc.gov/fluoridation/
State Water Resources Control Board, Division of Drinking Water waterboards.ca.gov/drinking_water/certlic/drinkingwater/Fluoridation.html For more information about MWDSC’s fluori dation program, please contact Edgar G. Dymally at (213) 217-5709 or via email at [email protected].

Total Coliform Rule
This Consumer Confidence Report (CCR) reflects changes in drinking water regulatory requirements during 2021. These revisions add the requirements of the federal Revised Total Coliform Rule, effective since April 1, 2016, to the existing state Total Coliform Rule. The revised rule maintains
the purpose to protect public health by ensuring the
integrity of the drinking water distribution system and monitoring for the presence of microbials (i.e., total
coliform and E. coli bacteria). The USEPA anticipates
greater public health protection as the rule requires
water systems that are vulnerable to microbial
contamination to identify and fix problems. Water
systems that exceed a specified frequency of total
coliform occurrences are required to conduct an
assessment to determine if any sanitary defects exist.

If found, these must be corrected by the water system. The state Revised Total Coliform Rule became effective July 1, 2021.

Total Coliform Bacteria was not detected in the distribution system in 2021 and is not included in this report.

Source Water Assessment
Groundwater Assessment
An assessment of the drinking water sources
for the City was completed in February 2003
and was updated in October 2016 for Wells 6, 9
and 10.

The ground water sources are considered most
vulnerable to the following activities not
associated with detected contami nants: dry
cleaners, gas stations, historic gas stations,
NPDES/WDR permitted discharges, and sewer
collection systems.

A copy of the complete assessment is avail -
able at State Water Resources Control Board,
Division of Drinking Water, Santa Ana District,
2 MacArthur Place, Suite 150, Santa Ana,
California 92707.
2021 City of Fountain Valley Distribution System Water Quality Disinfection MCL Average Range of MCL Typical Source
Byproducts (MRDL/MRDLG) Amount Detections Violation? of Contaminant Total Trihalomethanes (ppb) 80 5 ND – 6.6 No Byproducts of chlorine disinfection Haloacetic Acids (ppb) 60 1 ND – 1.2 No Byproducts of chlorine disinfection Chlorine Residual (ppm) (4 / 4) 0.4 0.22 – 0.62 No Disinfectant added for treatment Aesthetic Quality
Odor (threshold odor number) 3* 1 1 No Erosion of natural deposits Turbidity (NTU) 5* 0.24 0.1 – 5.1 No Erosion of natural deposits Eight locations in the distribution system are tested quarterly for total trihalomethanes and haloacetic acids; thirty are tested monthly for color, odor and turbidity. Color was not detected in 2021.

MRDL = Maximum Residual Disinfectant Level; MRDLG = Maximum Residual Disinfectant Level Goal; NTU = nephelometric turbidity units; ND= not detected. *Contaminant is regulated by a secondary standard to maintain aesthetic qualities (taste, odor, color) Lead and Copper Action Levels at Residential Taps
Action Level Public 90th Percentile Sites Exceeding AL / AL Typical Source (AL) Health Goal Value Number of Sites Violation? of Contaminant Copper (ppm) 1.3 0.3 0.15 0 / 33 No Corrosion of household plumbing Lead (ppb) 15 0.2 ND 0 / 33 No Corrosion of household plumbing For the sampling event, 33 residences were tested for lead and copper at-the-tap. The most recent set of samples was collected in 2021.

Lead was not detected in any sample. Copper was detected in 24 samples, none of which exceeded the Action Level (AL).

A regulatory AL is the concentration of a contaminant which, if exceeded, triggers treatment or other requirements that a water system must follow.

In 2021, no school submitted a request to be sampled for lead.

Unregulated Chemicals Requiring Monitoring in the Distribution System Notification Average Range of Most Recent
Chemical Level PHG Amount Detections Sampling Date
Chlorodibromoacetic Acid (ppb) n/a n/a 0.04 ND – 0.4 2019 Dibromoacetic Acid (ppb) n/a n/a 0.37 ND – 1.1 2019
Dichloroacetic Acid (ppb) n/a MCLG = 0 0.01 ND – 0.4 2019 Want Additional Information?
There’s a wealth of information on the
internet about Drinking Water Quality and
water issues in general, especially the
drought and conservation. Some good sites
to begin your research are:

City of Fountain Valley: fountainvalley.org
Water Conservation
Tips & Rebate Information:
ocwatersmart.com