MINUTES OF THE
CITY OF FOUN TAIN VALLEY CITY COUNCIL/ SUCCESSOR AGENCY TO THE FOUNTAIN
VALLEY AGENCY
FOR COMMUNITY DEVELOPMENT/ FOUNTAIN VALLEY
Fountain Val HOUSING AUTHORITY
A NICE PLACE TO LIVE Closed Session 4:30 p.m.
JUNE 11,1459 Study Session Immediately Following Closed Session ORANGE COL ST'. • CALIFORSIA
Adjourned Regular Meeting 6:00 p.m.
Tuesday, August 23, 2022
Council Chambers
STUDY SESSION
CALL TO ORDER 4:30 p.m.
PUBLIC COMMENTS (Study Session matters only)
None
• Update on Community Gardens - Rob Frizzelle, Community Services Director Rob Frizzelle provided an update on Community Gardens and possible locations. The City Council requested staff to look further into locations to see which is the most viable and if water could be provided to the area.
CLOSED SESSION
CALL TO ORDER 4:54 p.m.
PUBLIC COMMENTS (Closed Session matters only)
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
No Reportable Action
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 No Reportable Action
3. CONFERENCE WITH LABOR NEGOTIATORS
Agency designated representatives: Mayor and Attorney for the City Employee organization: Administrative Officers
No Reportable Action
4. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Title: City Manager
No Reportable Action
OPEN SESSION
CALL TO ORDER 6:01 p.m.
INVOCATION Mayor Patrick Harper
SALUTE TO THE FLAG Council Member Glenn Grandis
CITY COUNCIL/SUCCESSOR AGENCY/HOUSING AUTHORITY/ ROLL CALL Council Members: Bui, Grandis, Vo, Mayor Pro Tem/Vice Chair Constantine, Mayor/Chair Harper All members were present
CITY MANAGER / MAYOR UPDATES
City Manager Maggie Le gave a brief update on the General Election and provided the dates and times for when the city hosted vote centers would be open.
ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS
There were no announcements
PRESENTATIONS
• Certificate of Recognition to Pizza D'z for their 50th Anniversary Mayor Harper presented Pizza D'z with a Certificate of Recognition in honor of their 50th Anniversary.
• Certificate of Kindness to Terri Phan
Mayor Harper presented Terri Phan with a Certificate of Kindness • Certificate of Kindness to Dr. Sujata Lalla Reddy
Mayor Harper presented Dr. Sujata Lalla Reddy with a Certificate of Kindness • Proclamation Recognizing August as Hunger Action Month Mayor Harper presented a Proclamation recognizing August as Hunger Action Month • Update on Covid 19 - Presentation by Meghan Wishner, Management Aide Meghan Wishner provide the City Council with an update on the latest information as it relates to the Covid-19 Pandemic
• Retirement Proclamation for Chuck Hargis
Mayor Harper presented Chuck Hargis with his retirement Proclamation. • Presentation and Update on the Orange County Sanitation District Headquarters Project - Presentation by the Sanitation District's Director of Engineering, Kathy Millea Kathy Millea gave an update on the progress of the new Sanitation District headquarters building in Fountain Valley.
FIRST CITY COUNCIL/ SUCCESSOR AGENCY/ HOUSING AUTHORITY/ PUBLIC COMMENTS (Unscheduled Matters Only)
Roberta Buchanan, Katy Wright, Lynn Esch, Margie Drilling and Jeanne Smolinski
CONSENT CALENDAR
Consent Calendar Items 1- 6;8, 10, 11, 14 & 15 were approved simultaneously.
1. Waive the reading in full of all ordinances under consideration and direct the Mayor to read by titles only.
ACTION: Move to approve and waive the reading in full of all ordinances under consideration and direct the Mayor to read by titles only.
MOTION: Grandis SECOND: Bui
AYES: Bui, Grandis, Vo, Constantine, Harper
NOES: None
ABSENT: None
ABSTAIN: None
2. Receive and File the Draft Minutes of the July 19, 2022 Regular City Council Meeting ACTION: Move to Receive and File the Draft Minutes of the July 19, 2022 Regular City Council Meeting
MOTION: Grandis SECOND: Bui
AYES: Bui, Grandis, Vo, Constantine, Harper
NOES: None
ABSENT: None
ABSTAIN: None
3. Approval of the Agreement with Liebert Cassidy Whitmore (LCW) ACTION: Move to Approve the Agreement with Liebert Cassidy Whitmore (LCW) MOTION: Grandis SECOND: Bui
AYES: Bui, Grandis, Vo, Constantine, Harper
NOES: None
ABSENT: None
ABSTAIN: None
4. Orange County Grand Jury Report Response -WHERE'S THE FIRE? Stop Sending Fire Trucks to Medical Calls
ACTION: Move to Approve the Orange County Grand Jury Report Response -WHERE'S THE FIRE? Stop Sending Fire Trucks to Medical Calls
MOTION: Grandis SECOND: Bui
AYES: Bui, Grandis, Vo, Constantine, Harper
NOES: None
ABSENT: None
ABSTAIN: None
5. Approval to Purchase Motorola Push-To-Talk Radios
ACTION: Move to Approve the purchase of Motorola Push-To-Talk Radios MOTION: Grandis SECOND: Bui
AYES: Bui, Grandis, Vo, Constantine, Harper
NOES: None
ABSENT: None
ABSTAIN: None
6. Approve a Side Letter Agreement to the POA MOU
ACTION: Move to Approve a Side Letter Agreement to the POA MOU MOTION: Grandis SECOND: Bui
AYES: Bui, Grandis, Vo, Constantine, Harper
NOES: None
ABSENT: None
ABSTAIN: None
7. Pulled from the Consent Calendar and will be heard after item 16 on the agenda 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) ACTION: Move to Approve the Republic Services Franchise Agreement Amendment #3 to incorporate the terms and conditions to comply with SB 1383, Short-Lived Climate Pollutant Reduction Strategy (i.e. Organics Recycling)
MOTION: Grandis SECOND: Vo
AYES: Bui, Grandis, Vo, Harper
NOES: Constantine
ABSENT: None
ABSTAIN: None
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 ACTION: Move to 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
MOTION: Grandis SECOND: Bui
AYES: Bui, Grandis, Vo, Constantine, Harper
NOES: None
ABSENT: None
ABSTAIN: None
9. Item Pulled by Staff
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.
Mayor Pro Tem Constantine made a motion to approve the item without the change order. The motion died for lack of a second.
ACTION: Move to approve, amending part 2 change authority to $100,000; amend part 3 decreasing the budget amount from $584,290 to $484,290; amend part 4 Do Not 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
MOTION: Grandis SECOND: Harper
AYES: Bui, Grandis, Vo, Constantine, Harper
NOES: None
ABSENT: None
ABSTAIN: None
10. Planning Department Annual Report FY 2021-2022
ACTION: Move to approve the Planning Department Annual Report FY 2021-2022 MOTION: Grandis SECOND: Bui
AYES: Bui, Grandis, Vo, Constantine, Harper
NOES: None
ABSENT: None
ABSTAIN: None
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).
ACTION: Move to approve 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).
MOTION: Grandis SECOND: Bui
AYES: Bui, Grandis, Vo, Constantine, Harper
NOES: None
ABSENT: None
ABSTAIN: None
12. Item Pulled by Staff
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.
ACTION: Move to approve 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.
MOTION: Constantine SECOND: Vo
AYES: Bui, Grandis, Vo, Constantine, Harper
NOES: None
ABSENT: None
ABSTAIN: None
13. Item Pulled by Staff
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.
ACTION: Move to approve a 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.
MOTION Constantine SECOND: Vo
AYES: Bui, Grandis, Vo, Constantine, Harper
NOES: None
ABSENT: None
ABSTAIN: None
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 ACTION: Move to approve a 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
MOTION: Grandis SECOND: Bui
AYES: Bui, Grandis, Vo, Constantine, Harper
NOES: None
ABSENT: None
ABSTAIN: None
15. Review Need for Continuing Local Emergency Due to the Omni Metals HazMat Fire - Third Review
ACTION: Move to approve the Need for Continuing Local Emergency Due to the Omni Metals HazMat Fire - Third Review
MOTION: Grandis SECOND: Bui
AYES: Bui, Grandis, Vo, Constantine, Harper
NOES: None
ABSENT: None
ABSTAIN: None
PUBLIC HEARINGS
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 Public Hearing Opened: 8:18 p.m.
Public Comment - Katy Wright, Cheryl Brothers
Public Hearing Closed: 8:23 p.m.
ACTION: Move to approve the 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 MOTION: Vo SECOND: Grandis
AYES: Bui, Grandis, Vo, Harper
NOES: Constantine
ABSENT: None
ABSTAIN: None
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
Public Hearing Opened: 8:38 p.m.
Public Comment - Diane Evans
Public Hearing Closed: 8:39 p.m.
ACTION: Move to approve 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
MOTION: Vo SECOND: Grandis
AYES: Bui, Grandis, Vo, Constantine, Harper
NOES: None
ABSENT: None
ABSTAIN: None
The City Council took a recess from 8:40p.m. to 8:47 p.m.
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
Public Hearing Opened: 9:20 p.m.
Public Comment - Katy Wright, Matt Turk, Andrea martell, Darrel Mymon-Brown, Rudy Huebner, Karl Steinke, Lynn Esch, Ken Curtiss, Diane Edmonds, Eileen Asahi, Leston Trueblood, Anna Katsuki, Dominic Migliorini, Steve Edwards, Mary Ellen Esquer, George Elum
Public Hearing Closed: 10:02 p.m.
ACTION: Move to approve 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 75 Dwelling Units Per Acre (DU/AC) In the MU 1 Zone and 40-55 in the MU2 Zone
MOTION: Grandis SECOND: Bui
AYES: Bui, Grandis, Vo
NOES: Harper, Constantine
ABSENT: None
ABSTAIN: None
ADMINISTRATIVE ITEMS
19. Designation of Voting Delegate and Alternate(s) for League of California Cities Annual Business Meeting in September 2022
ACTION: Move to approve Mayor Harper as the voting delegate and Council member Grandis as the alternate.
MOTION: Harper SECOND: Grandis
AYES: Bui, Grandis, Vo, Constantine, Harper
NOES: None
ABSENT: None
ABSTAIN: None
20. Approve the City of Fountain Valley Six Month Strategic Objectives for August 23, 2022 through November 1, 2022
ACTION: Move to approve the City of Fountain Valley Six Month Strategic Objectives for August 23, 2022 through November 1, 2022
MOTION: Vo SECOND: Constantine
AYES: Bui, Grandis, Vo, Constantine, Harper
NOES: None
ABSENT: None
ABSTAIN: None
21. Adopt a Resolution Amending the City's Salary Schedule, and Approving Amendments to the Memoranda of Understandings and Employment Resolutions ACTION: Move to approve a Resolution Amending the City's Salary Schedule, and Approving Amendments to the Memoranda of Understandings and Employment Resolutions
MOTION: Vo SECOND: Constantine
AYES: Bui, Grandis, Vo, Constantine, Harper
NOES: None
ABSENT: None
ABSTAIN: None
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
ACTION: Move to approve 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
MOTION: Vo SECOND: Grandis
AYES: Bui, Grandis, Vo, Constantine, Harper
NOES: None
ABSENT: None
ABSTAIN: None
23. Appointment and Approval of Ad-Hoc Finance Subcommittee Members ACTION: Move to approve Council Member Grandis and Mayor Pro Tem Constantine' as members to the Finance Ad-Hoc Subcommittee approved by acclamation.
24. Amendment to the Administrative Fee for Professional Services Agreements, Instructional Classes
ACTION: Move to approve an Amendment to the Administrative Fee for Professional Services Agreements, Instructional Classes
MOTION: Vo SECOND: Grandis
AYES: Bui, Grandis, Vo, Constantine, Harper
NOES: None
ABSENT: None
ABSTAIN: None
25. Reorganization of City Manager division, which includes proposed staffing changes to the City Manager, Community Development, Recreation & Community Services, and Information Technologies divisions
ACTION: Move to approve the Reorganization of City Manager division, which includes proposed staffing changes to the City Manager, Community Development, Recreation & Community Services, and Information Technologies divisions
MOTION: Bui SECOND: Grandis
AYES: Bui, Grandis, Vo, Constantine, Harper
NOES: None
ABSENT: None
ABSTAIN: None
COUNCIL MEMBER ITEMS FOR FUTURE CONSIDERATION
Council Member Constantine requested speaker time limits be increased to 5 minutes. There was no second
CITY COUNCIL/ SUCCESSOR AGENCY/ HOUSING AUTHORITY/ PUBLIC COMMENTS (Unscheduled Matters Only)
Cheryl Brothers
CITY COUNCIL/SUCCESSOR AGENCY/HOUSING AUTHORITY AB 1234/GENERAL COMMENTS Council Member Bui
July 20 Attended the Prado Grand Opening
August 2 Attended the National Night Out
Council Member Vo
Council Member Grandis
July 22 Attended the Orange County elected officials dinner at the OC fair July 25 Attended the Fountain Valley Legislative Breakfast July 26 Attended the Boys and Girls Club Board Meeting
July 28 Attended the Fountain Valley Regional Hospital Board Meeting and the Concerts in the Park
August 9 Attended the Mimi's Jewelry community event
August 13 Attended the Fountain Valley Kiwanis "Pins for Kids" event August 18 Attended the Fountain Valley Community Foundation meeting and volunteer meeting
August 19/21 Attended the BBQ fest
August 19 Attended the FV Connect Chamber meeting
Mayor Pro Tem Constantine
July 20 Attended the Prado Homes Grand Opening / Ribbon Cutting event, then the grand opening / ribbon cutting of Fritzankotters Deli in Huntington Beach.
July 21 Attended the Mayor's Breakfast at FV Regional Hospital, participated in the OC Mosquito and Vector Control Board Meeting on Zoom, then attended the Concert in the Park at Mile Square Park.
July 22 Attended the OC Government Officials Dinner at the Orange County Fair.
July 23 Attended the San Onofre Tour.
July 24 Attended a Car Show at Mile Square Park on the County side, then the Historical Society Luncheon at the Historical Society.
July 25 Attended the FV Chamber of Commerce Legislative Breakfast at the Senior Center.
July 26 Viewed the OC Board of Supervisors Meeting on the County's website, then attended the Green Valley Board Meeting in the Green Valley Association Family Meeting Room.
July 26 Attended the last Concert in the Park for Summer, 2022 at Mile Square Park.
July 31 Participated in the Green Valley's Mom's Walk.
August 1 Attended a training session at the Friends of the Library Bookstore.
August 2 Attended the Rotary Meeting at the FV Senior Center, then the National Night Out / Movie in the Park at Mile Square Park.
August 5 Attended and helped out with the luau-themed Dance for Persons with Disabilities at the Senior Center.
August 6 Assisted with set up for the Friends of the Library Colossal Book Sale; helped out with the Colossal Book Sale event for several hours.
August 7 Participated in the Green Valley's Mom's Walk.
August 9 Attended the Rotary Meeting at the FV Senior Center, viewed the OC Board of Supervisors Meeting on the County's website, attended the Seniors Luau Luncheon at the FV Senior Center, then the FV Chamber of Commerce Mimi's Jewelry Mixer.
August 10 Attended the FV Planning Commission Meeting.
August 11 Participated in the Special OC Mosquito and Control Board Meeting on Zoom, then viewed the 405 Project "Warner Bridge Update on Zoom".
August 13 Attended the Grand Opening of "The Currents" Lennar Homes.
August 14 Participated in the Green Valley Mom's Walk.
August 15 Attended the CBPT Grand Opening.
August 16 Attended the Rotary Meeting at the FV Senior Center.
August 18 Attended OC Mosquito and Vector Control Open House, then stayed for the OC Mosquito and Vector Control Board Meeting, then the Community Foundation Meeting at the FV Senior Center.
August 19 Attended the FV Chamber of Commerce FV Connect Breakfast at Sonesta Suites August 19-21 Attended the BBQ / Music Festival at Mile Square Park.
August 23 Viewed the OC Board of Supervisors Meeting on the County's website.
Mayor Harper
July 20 Attended the Prado Grand Opening, then the ACC-OC Board Meeting, then the OC San Audit Committee Meeting
July 21 Attended the Concert in the Park
July 22 Attended the OC Fair Elected Officials Event
July 25 Attended the Legislative Breakfast
July 27 Attended the OCTA Finance Committee Meeting, then attended the OC San Board Meeting
August 1 Attended the OCTA Regional Planning and Highways Committee August 2 Attended the Movie in the Park and National Night Out August 8 Attended the OCTA Board Meeting
August 10 Attended the OCTA Finance Committee
August 11 Attended the OCTA Transit Committee
August 18 Attended the Mobile Source Air Pollution Reductions Review Committee August 19 Attended the FV Connect Breakfast
August 19-21 Attended the BBQ Festival
August 22 Attended the OCTA Board Meeting
ADJOURN THE MEETING OF THE CITY COUNCIL/SUCCESSOR AGENCY/HOUSING
AUTHORITY
Mayor Harper adjourned the meeting at 11:12 pm to the next Meeting of the Fountain Valley City Council on September 6, 2022 at 6:00 p.m., in the Fountain Valley Council Chambers, 10200 Slater Avenue, Fountain Valley.
Petal Han
Patrick Harper, Mayor
Attest:
Rick Miller, City Clerk