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
Adjourned Regular Meeting 6:00 p.m.
Tuesday, August 23, 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 lor 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.
City of Fountain Valley is inviting you to a scheduled Zoom meeting.
Topic: City Council
Time: Aug 23, 2022 06:00 PM Pacific Time (US and Canada) Join Zoom Meeting
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STUDY SESSION
CALL TO ORDER 4:30 p.m.
PUBLIC COMMENTS (Study Session matters only)
Persons wishing to speak on a Study Session matter are requested to identify themselves by completing a blue speaker card indicating the item they want to address and to give the card to the City Clerk prior to the public comment period. The City Clerk will call upon those that wish to speak. • Update on Community Gardens – Rob Frizzelle, Community Services 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 REAL PROPERTY NEGOTIATORS
Property: 13871 West Street, Garden Grove, CA
Agency negotiator: City Manager, Community Development Director, Interim Finance Director, Attorney for the City
Negotiating parties: Fountain Valley, Garden Grove, Westminster, West Street Investments LLC
Under negotiation: Price and Terms of Payment
2. CONFERENCE WITH LABOR NEGOTIATORS
Agency designated representatives: City Manager, Human Resources Director, Attorney for the City
Employee organization: FV General Employees Association, FV Municipal Employees Association, Individually Represented Professional & Technical, and Professional & Technical
3. CONFERENCE WITH LABOR NEGOTIATORS
Agency designated representatives: Mayor and Attorney for the City Employee organization: Administrative Officers
4. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Title: City Manager
OPEN SESSION
CALL TO ORDER 6:00 p.m.
INVOCATION
SALUTE TO THE FLAG Council Member Glenn Grandis
CITY COUNCIL/SUCCESSOR AGENCY/HOUSING AUTHORITY/ ROLL CALL Council Members: Bui, Grandis, Vo, Mayor Pro Tem/Vice Chair Constantine, Mayor/Chair Harper
ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS
CITY MANAGER/MAYOR UPDATE
PRESENTATIONS
• Certificate of Recognition to Pizza D’z for their 50th Anniversary • Certificate of Kindness to Terri Phan
• Certificate of Kindness to Dr. Sujata Lalla Reddy
• Proclamation Recognizing August as Hunger Action Month • Update on Covid 19 – Presentation by Meghan Wishner, Management Aide • Retirement Proclamation for Chuck Hargis
• Presentation and Update on the Orange County Sanitation District Headquarters Project – Presentation by the Sanitation District’s Director of Engineering, Kathy Millea
FIRST CITY COUNCIL/ SUCCESSOR AGENCY/ HOUSING AUTHORITY/ PUBLIC COMMENTS (Unscheduled Matters Only)
The Unscheduled Matters Public Comments portion will last 15 Minutes at the beginning of the meeting. Any requests to speak on unscheduled matters after the initial 15 minutes, will be heard at the end of the meeting, unless the Mayor approves an extension of this time. If an individual speaks during the First unscheduled matters time period, they do not get to speak at the end of the meeting as well. Persons wishing to speak on an unscheduled matter are requested to identify themselves by completing a blue speaker and to give the card to the City Clerk. Each person will have up to 3 minutes to speak. The City Clerk will call upon those that wish to speak.
PUBLIC COMMENTS (Scheduled Matters Only)
Persons wishing to speak on Agenda item(s) are requested to identify themselves by completing a blue speaker card indicating the item they want to address and to give the card to the City Clerk prior to the public comment period. Each person will be given up to 3 minutes to speak on the entire Consent Calendar, 3 minutes to speak on each item pulled from the consent calendar, and 3 minutes to speak on any agendized item(s) not appearing on the Consent Calendar.
CONSENT CALENDAR
Consent Calendar Items 1 – 15 will be approved simultaneously with one motion, unless separate action/or discussion is requested.
1. Waive the reading in full of all ordinances under consideration and direct the Mayor to read by titles only.
2. Receive and File the Draft Minutes of the July 19, 2022 Regular City Council Meeting Page 9
3. Approval of the Agreement with Liebert Cassidy Whitmore (LCW) Page 20 Staff recommends the approval of the professional services contract with Liebert Cassidy Whitmore for specialized services related to personnel matters for the next 5 years beginning July 1, 2022 for an amount not to exceed $500,000.
4. Orange County Grand Jury Report Response –WHERE’S THE FIRE? Stop Sending Fire Trucks to Medical Calls Page 43
Staff recommends that the City Council approve the attached response to the Presiding Judge of the Superior Court
5. Approval to Purchase Motorola Push-To-Talk Radios Page 89 Approve the purchase of 10 Motorola TLK 100 Push-To-Talk Radios from Golden State Communications in the Amount of $5,222 Using State Asset Forfeiture Funds.
6. Approve a Side Letter Agreement to the POA MOU Page 92 Approve a Side Letter Agreement to the Fountain Valley Police Officers’ Association 2021- 2024 Memorandum of Understanding amending Section 4.07 A.5, Personnel and Training Assignment Pay.
7. Approve the Republic Services (Rainbow Disposal Company, Inc.) franchise agreement Amendment #3 to incorporate the terms and conditions to comply with the SB 1383, ShortLived Climate Pollutant Reduction Strategy (i.e. Organics Recycling) Page 97 Staff recommends that the City Council approve Alternative No. 1, Approve the Republic Services (Rainbow Disposal Company, Inc.) franchise agreement Amendment #3 to incorporate the terms and conditions to comply with the SB 1383, Short-Lived Climate Pollutant Reduction Strategy (i.e. Organics Recycling)
8. Second Read and Adoption 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 Page 116 Staff recommends Alternative No.1: Approve the second read and adoption 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.
9. Accept General Pump proposal for $384,290 & issue Purchase Order for amount; Authorize Public Works Director to administer contract change orders up to $200,000; Amend FY 22/23 Water Fund budget for $584,290 for Well 10 Rehab, Proj 5002254403. Page 121 Staff recommends that the City Council approve Alternative No. 1, which is to 1) Accept the fee proposal from General Pump Company Inc. for $384,290 and direct staff to issue a Purchase Order for the amount; and,
2) Authorize the Public Works Director for a change order authority up to $200,000 as necessary;
3) Amend the FY 22/23 Water Fund budget for $584,290 for the Rehabilitation of Well 10, Project No. 5002254403,
4) Authorize the Public Works Director to award, administer and issue Purchase Orders for future well rehabilitations for Wells 8, 9, 11, and 12 as necessary to restore all potable wells to maximize the groundwater pumping as the most cost-effective water supply
10. Planning Department Annual Report FY 2021-2022 Page 229 Approve the FY 2021-22 Annual Planning Department Report as recommended by the Planning Commission and direct staff to transmit a copy to the Office of Planning Research and the Department of Housing and Community Development.
11. Approval Amendment No. 5 to CON-19-33 for $32,006.65 with TR Design Group, Inc. for Architectural Design Services for the Police Department Locker and Restroom Modernization Project (the Project). Page 248
It is recommended that the City Council approve Alternative No. 1, which is to approve Amendment No. 5 to CON-19-33 in the amount of $32,007 with TR Design Group, Inc. for additional architectural design services for the Police Department Locker and Restroom Modernization Project (the Project).
12. Residential Roadway Rehabilitation Project (City Quadrant D3), Project No. 2402320001 (GT229)
Accept bids & award $2,818,077.20 contract to R.J. Noble. Amend FY22/23 Gas Tax Budget for $150,000 for Proj 2402320001. Accept proposal & issue $37,950 PO to Onward for Const Insp. Accept proposal & issue $18,784 PO to Ninyo&Moore for Materials Testing Services for $18,784.00. Page 261
It is recommended that the City Council approve Alternative No. 1, which is to 1) Accept the bids and award of the construction contract to R.J. Noble Company for $2,818,077.20.
2) Amend the FY 22/23 Gas Tax Budget (Fund 240) for $150,000.00 for Project No. 2402320001.
3) Accept the proposal and authorize the staff to issue a purchase order to Onward Engineering’s on-call contract for Construction Inspection Services for $37,950.00; and 4) Accept the proposal and authorize the staff to issue a purchase order to Ninyo & Moore’s on-call contract for Materials Testing Services for $18,784.00.
13. Approve Coop Agreement No. C-5-3613 (Amendment No. 6) for additional $165,950 between OCTA and City of Fountain Valley to provide OCTA’s Fair-Share Contribution for participation costs towards traffic improvements at Magnolia/Slater intersection. Page 452 Staff recommends that the City Council Approve Amendment No. 6 to Cooperative Agreement No. C-5-3613 for an additional $165,950 between the Orange County Transportation Authority (OCTA) and the City of Fountain Valley to provide OCTA’s Fair Share Contribution for the participation in costs towards traffic improvements at the Intersection of Magnolia/Slater. This will increase the maximum obligation of the cooperative agreement to a total value of $5,189,658.
14. Determination of Public Convenience or Necessity for the Issuance of a Type 21 Off-Sale General, Liquor Store for a New Retail Grocery Store Located at 18100 Brookhurst Street
Staff recommends the City Council consider the information provided by Apex Realty and approve the attached Resolution (Attachment #6) finding and determining that public convenience or necessity would be served by the issuance of a Type 21 Off-Sale General Liquor license for the future grocery store located at 18060-18100 Brookhurst Street.
15. Review Need for Continuing Local Emergency Due to the Omni Metals HazMat Fire – Third Review Page 496
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.
PUBLIC HEARINGS
Each person will have up to 3 minutes to speak on each Public Hearing.
16. Conduct Public Protest Hearing Re Proposed Trash Rate Increase in Compliance with Prop 218 to comply with SB 1383, Short-Lived Climate Pollutant Reduction Strategy (Organics Recycling), & Adopt Resolution Establishing Proposed Residential Trash Rates – Presentation by HyeJin Lee, Public Works Director Page 499
It is recommended that the City Council approve Alternative No. 1, which is to conduct a public protest hearing regarding the proposed residential trash collection rate increase in compliance with Proposition 218 and adopt a resolution establishing the proposed residential trash rate.
17. Public Hearing and Introduction: Code Amendment No. 22-03 – An Amendment To The Fountain Valley Municipal Code (FVMC) Sections 21.30.030, 21.22.040, and 21.22.070 Regarding Drive-Through Facilities and Updates to Stormwater Grading Requirements for Parking Lots – Presentation by Steven Ayers, Principal Planner Page 628 Introduce the attached Ordinance approving a Notice of Exemption in accordance with the California Environmental Quality Act (CEQA) and approving Code Amendment No. 22-03 which is an amendment to FVMC sections 21.20.030, 21.22.040, and 21.22.070 regarding drive-through facilities and updates to stormwater grading requirements for parking lots.
18. Public Hearing and Introduction: Code Amendment No. 22-04 – An Amendment To The Fountain Valley Municipal Code (FVMC) Section 21.15.040 Table 2-11 To Reconsider A Variation Of Residential Density In The Mixed-Use Zoning District That Allows Residential Density To Be Built Up To 100 Dwelling Units Per Acre (DU/AC) In Certain Situations – Presentation by Omar Dadabhoy, Community Development Director Page 643 Pleasure of the City Council.
ADMINISTRATIVE ITEMS
19. Designation of Voting Delegate and Alternate(s) for League of California Cities Annual Business Meeting in September 2022 – Presentation by Rick Miller, City Clerk Page 707 Staff is requesting the City Council approve Alternative 1, to designate a voting delegate and alternate(s) to vote at the Cal Cities Annual Business Meeting on September 9, 2022.
20. Approve the City of Fountain Valley Six Month Strategic Objectives for August 23, 2022 through November 1, 2022 – Presentation by Maggie Le, City Manager Page 710 Staff recommends that the City Council adopt the Six Month Strategic Objectives matrix for August 23, 2022 through November 1, 2022.
21. Adopt a Resolution Amending the City’s Salary Schedule, and Approving Amendments to the Memoranda of Understandings and Employment Resolutions – Presentation by Carrie Hanes, Human Resources Director Page 717
Staff recommends Alternative No.1: Adopt a Resolution Amending the City’s Salary Schedule and Approving Amendments to the Memoranda of Understandings for the Fountain Valley General Employees’ Association, Fountain Valley Municipal Employees’ Association, and the Employment Resolution Amendments for the Individually Represented Professional and Technical Unit, relating to Wages, Hours, Terms and Conditions of Employment.
22. 1) Waive the Bidding Requirements Pursuant to FVMC 2.36.070 Par 4 and Authorize Staff to Issue a Purchase Order to Haaker Equipment Company in the Amount of $584,334.17 for the Purchase of One (1) New Vactor 2110i Sewer Cleaner Truck; and 2) Authorize Staff to Keep the Existing Sewer Vac in Inventory as an Emergency Backup and for Use by the Utilities Division for Hydro Excavations – Presentation by Mark Sprague, Field Services Manager Page 756
Staff recommends that City Council approve Alternative No. 1, which is to 1) waive the bidding requirements pursuant to FVMC 2.36.070 Par 4 and authorize staff to issue a purchase order to Haaker Equipment Company in the amount of $584,334.17 for the purchase of one (1) new Vactor 2110i Sewer Cleaner Truck; and 2) authorize staff to keep the existing sewer vac truck in inventory as an emergency backup and for use by the utilities division for hydro excavations.
23. Appointment and Approval of Ad-Hoc Finance Subcommittee Members – Presentation by Rick Miller, City Clerk Page765
Staff recommends that the City Council designate two City Council Members for appointment to the Ad-Hoc Finance Subcommittee.
24. Amendment to the Administrative Fee for Professional Services Agreements, Instructional Classes – Presentation by Rob Frizzelle, Community Services Director Page 767 Staff recommends Alternative No. 1, Approve the proposed amendment to the administrative fee for Professional Services Agreements (Instructional Classes) from $1.00 to $6.00 and from $1.00 to $2.00 for drop in classes.
25. Reorganization of City Manager division, which includes proposed staffing changes to the City Manager, Community Development, Recreation & Community Services, and Information Technologies divisions – Presentation by City Manager, Maggie Le Page 773 It is recommended that the City Council approve Alternative No. 1, which is to:
1. Approve the defunding of the Deputy City Manager position, which provides sufficient funding for the reclassifications, new positions and assignment pay among the Community Development department, Recreation & Community Services department, City Manager's office and Information Technology division.
COUNCIL MEMBER ITEMS FOR FUTURE CONSIDERATION
CITY COUNCIL/ SUCCESSOR AGENCY/ HOUSING AUTHORITY/ PUBLIC COMMENTS (Unscheduled Matters Only)
Persons wishing to speak on an unscheduled matter are requested to identify themselves by completing a blue speaker and to give the card to the City Clerk. Each person will have up to 3 minutes to speak. The City Clerk will call upon those that wish to speak.
CITY COUNCIL/SUCCESSOR AGENCY/HOUSING AUTHORITY AB 1234/GENERAL
COMMENTS
ADJOURN THE MEETING OF THE CITY COUNCIL/SUCCESSOR
AGENCY/HOUSING AUTHORITY
The next Regular Meeting of the Fountain Valley City Council is September 6, 2022 at 6:00 p.m., in the Fountain Valley Council Chambers, 10200 Slater Avenue, Fountain Valley.