City Council Regular Meeting Agenda Page 1 March 21, 2023 AGENDA
CITY COUNCIL/ SUCCESSOR
AGENCY TO THE FOUNTAIN
VALLEY AGENCY
FOR COMMUNITY DEVELOPMENT/
FOUNTAIN VALLEY HOUSING AUTHORITY
Closed Session 4:30 p.m.
Study Session Immediately Following Closed Session
Regular Meeting 6:00 p.m.
Tuesday, April 4, 2023
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.
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Topic: City Council
Time: Apr 4, 2023 05:00 PM Pacific Time (US and Canada) Join Zoom Meeting
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CLOSED SESSION
CALL TO ORDER 4:30 p.m.
PUBLIC COMMENTS (Closed Session matters only)
Persons wishing to speak on a Closed Session matter are requested to identify themselves by completing a blue speaker card indicating the item they want to address and to give the card to the City Clerk prior to the public comment period.
1. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9: 1 potential case
2. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION
Paragraph (1) of subdivision (d) of Section 54956.9
Name of case: WISP v. City of Fountain Valley (Federal Communications Commission)
STUDY SESSION
CALL TO ORDER Immediately Following Closed Session.
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. • Sidewalk Vending Presentation - Presented by Christine Lane – Orange County Environmental Health Division
OPEN SESSION
CALL TO ORDER 6:00 p.m.
INVOCATION Pastor Gary Garcia
SALUTE TO THE FLAG Mayor Kim Constantine
CITY COUNCIL/SUCCESSOR AGENCY/HOUSING AUTHORITY/ ROLL CALL Council Members: Bui, Cunneen, Harper, Mayor Pro Tem/Vice Chair Grandis, Mayor/Chair Constantine
ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS
CITY MANAGER / MAYOR UPDATE
PRESENTATIONS
• Proclamation Recognizing April as Donate Life Month – Presentation by Mayor Constantine • Community Service Day – Presentation by Jynene Johnson of the Greater Huntington Beach Interfaith Council
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 – 5 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. Page
2. Receive and File the Draft Minutes of March 21, 2023 Regular City Council Meeting Page 5
3. Second Reading and Adoption of an Ordinance of the City Council of the City of Fountain Valley Increasing the Campaign Contribution Limit to Adjust for Inflation Page 13 Recommended Action: Staff recommends that the City Council adopt the attached Ordinance of the City Council of the City of Fountain Valley Increasing the Campaign Contribution Limit to Adjust for Inflation.
4. Approve a Resolution Ratifying the Director of Emergency Service’s Proclamation of the Existence of a Local Emergency Due to the 2023 California Rainstorms Page 17 Recommended Action: Staff is recommending that the City Council approve Alternative No. 1: Approve a Resolution Ratifying the Director of Emergency Services’s Proclamation of the Existence of a Local Emergency Due to the 2023 California Rainstorms
5. Approve a First Amendment to CON-20-53 to Increase Hourly Rate for Barber & Bauermeister for Claims Defense Legal Services Page 24
Recommended Action: Staff is requesting City Council approval of Alternative No. 1 Approve the First Amendment to the contract increasing the hourly rate.
ADMINISTRATIVE ITEMS
6. Consideration and Direction in Regards to Whether the City Continues to Participate with PRISM-EIA or Return to the Previous Insurance Program California Joint Powers Insurance Authority (CalJPIA) Page 27
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 April 18, 2023 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 5:30 p.m.
Regular Meeting 6:00 p.m.
Tuesday, March 21, 2023
Council Chambers
CLOSED SESSION
CALL TO ORDER 5:30 p.m.
PUBLIC COMMENTS (Closed Session matters only)
There were no public comments
1. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9: 1 potential case
There was no reportable action
OPEN SESSION
CALL TO ORDER 6:00 p.m.
INVOCATION Pastor Kene Panas
SALUTE TO THE FLAG Mayor Pro Tem Glenn Grandis
CITY COUNCIL/SUCCESSOR AGENCY/HOUSING AUTHORITY/ ROLL CALL Council Members Present: Bui, Cunneen, Harper, Mayor Pro Tem/Vice Chair Grandis, Mayor/Chair Constantine
Council Members Absent: None
ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS
None
CITY MANAGER / MAYOR UPDATES
City Manager Maggie Le shared that Street Sweeping is cancelled on March 22nd, Miola Park Grand Opening has been postponed, City Staff is looking for feedback on the City Website. Free Compost
give away event on April 15th
.
Mayor Constantine gave directions to the Mayor’s Breakfast on March 30th at Fountain valley Regional Hospital.
PRESENTATIONS
Strategic Objective Presentation-Fountain Valley Unhoused Population Information Publication; Presentation by Police Chief Sheppard
Police Chief Matt Sheppard provided an update on the unhoused population within the City of Fountain Valley.
FIRST CITY COUNCIL/ SUCCESSOR AGENCY/ HOUSING AUTHORITY/ PUBLIC COMMENTS (Unscheduled Matters Only)
None
CONSENT CALENDAR
Consent Calendar Items 1-2 and 4 –11 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 Waive the reading in full of all ordinances under consideration and direct the Mayor to read by titles only.
MOTION: Constantine SECOND: Harper
AYES: Bui, Cunneen, Harper, Grandis, Constantine
NOES: None
ABSENT: None
ABSTAIN: None
2. Receive and File the Draft Minutes of the March 7, 2023 Regular City Council Meeting ACTION: Move to Receive and File the Draft Minutes of the March 7, 2023 Regular City Council Meeting
MOTION: Constantine SECOND: Harper
AYES: Bui, Cunneen, Harper, Grandis, Constantine
NOES: None
ABSENT: None
ABSTAIN: None
3. Item Pulled by Mayor Constantine
2022 Annual State Housing Element Progress Report
ACTION: Move to Receive and File the Draft Minutes of the March 7, 2023 Regular City Council Meeting
MOTION: Constantine SECOND: Grandis
AYES: Bui, Cunneen, Harper, Grandis, Constantine
NOES: None
ABSENT: None
ABSTAIN: None
4. Approval of a Resolution of the City of Fountain Valley Council delegating to the City’s Director of Public Works and/or the Deputy Public Works Director / City Engineer the authorization to execute all master agreements, program supplemental agreements, fund exchange agreements, fund transfer agreements and any amendments thereto with the California State Department of Transportation (Caltrans), and sign/execute State and Federal required documents for various highway projects, including but not limited to Right-of-Way Certifications.
ACTION: Move to Approve a Resolution of the City of Fountain Valley Council delegating to the City’s Director of Public Works and/or the Deputy Public Works Director / City Engineer the authorization to execute all master agreements, program supplemental agreements, fund exchange agreements, fund transfer agreements and any amendments thereto with the California State Department of Transportation (Caltrans), and sign/execute State and Federal required documents for various highway projects, including but not limited to Right-of-Way Certifications.
MOTION: Constantine SECOND: Harper
AYES: Bui, Cunneen, Harper, Grandis, Constantine
NOES: None
ABSENT: None
ABSTAIN: None
5. Accept the Parcel Map No. 2021-176 for the Property Located at 17900-17980 Magnolia Street ACTION: Move to Accept the Parcel Map No. 2021-176 for the Property Located at 17900- 17980 Magnolia Street
MOTION: Constantine SECOND: Harper
AYES: Bui, Cunneen, Harper, Grandis, Constantine
NOES: None
ABSENT: None
ABSTAIN: None
6. City of Fountain Valley Six Month Strategic Objectives Update for November 17, 2022 through May 11, 2023
ACTION: Move to Receive and File the City of Fountain Valley Six Month Strategic Objectives Update for November 17, 2022 through May 11, 2023
MOTION: Constantine SECOND: Harper
AYES: Bui, Cunneen, Harper, Grandis, Constantine
NOES: None
ABSENT: None
ABSTAIN: None
7. Approve Amendment No. 2 to the Professional Services Agreement with Davis Farr LLP ACTION: Move to Approve Amendment No. 2 to the Professional Services Agreement with Davis Farr LLP
MOTION: Constantine SECOND: Harper
AYES: Bui, Cunneen, Harper, Grandis, Constantine
NOES: None
ABSENT: None
ABSTAIN: None
8. Renewal/Extension of Lease for Mile Square Park
ACTION: Move to Approve the Renewal/Extension of Lease for Mile Square Park MOTION: Constantine SECOND: Harper
AYES: Bui, Cunneen, Harper, Grandis, Constantine
NOES: None
ABSENT: None
ABSTAIN: None
9. Second Reading and Adoption of an Ordinance of the City Council of the City of Fountain Valley Amending Title 2 to Elevate the Information Technology and Recreation Divisions to Department Status, Amend Position Titles in the Planning and Building Department to Community Development Department, and Codify City Manager’s Authority to Appoint a Deputy ACTION: Move to Approve the Second Reading and Adoption of an Ordinance of the City Council of the City of Fountain Valley Amending Title 2 to Elevate the Information
Technology and Recreation Divisions to Department Status, Amend Position Titles in the Planning and Building Department to Community Development Department, and Codify City Manager’s Authority to Appoint a Deputy MOTION: Constantine SECOND: Harper
AYES: Bui, Cunneen, Harper, Grandis, Constantine
NOES: None
ABSENT: None
ABSTAIN: None
10. Highway Safety Improvement Program (HSIP) for Traffic Signal Modification Improvements for Eight (8) Intersections
ACTION: Move to Approve the Highway Safety Improvement Program (HSIP) for Traffic Signal Modification Improvements for Eight (8) Intersections
MOTION: Constantine SECOND: Harper
AYES: Bui, Cunneen, Harper, Grandis, Constantine
NOES: None
ABSENT: None
ABSTAIN: None
11. Waive the bidding requirements pursuant to FVMC 2.36.070 par. 2 and issue a purchase order to Tyler Technologies in the amount of $55,348 for the purchase of 20 Zebra TC72 mobile devices and associated printers and equipment.
ACTION: Move to Waive the bidding requirements pursuant to FVMC 2.36.070 par. 2 and issue a purchase order to Tyler Technologies in the amount of $55,348 for the purchase of 20 Zebra TC72 mobile devices and associated printers and equipment.
MOTION: Constantine SECOND: Harper
AYES: Bui, Cunneen, Harper, Grandis, Constantine
NOES: None
ABSENT: None
ABSTAIN: None
ADMINISTRATIVE ITEMS
12. Approve the Proposed 2023 Legislative Platform
ACTION: Move to Approve the Proposed 2023 Legislative Platform
MOTION: Constantine SECOND: Grandis
AYES: Bui, Cunneen, Harper, Grandis, Constantine
NOES: None
ABSENT: None
ABSTAIN: None
13. Introduction and First Read of an Ordinance Increasing the City’s Campaign Contribution Limit to Adjust for Inflation
ACTION: Move to Approve the Introduction and First Read of an Ordinance Increasing the City’s Campaign Contribution Limit to Adjust for Inflation MOTION: Grandis SECOND: Bui
AYES: Bui, Cunneen, Grandis
NOES: Harper, Constantine
ABSENT: None
ABSTAIN: None
COUNCIL MEMBER ITEMS FOR FUTURE CONSIDERATION
There were no items
CITY COUNCIL/ SUCCESSOR AGENCY/ HOUSING AUTHORITY/ PUBLIC COMMENTS (Unscheduled Matters Only)
None
CITY COUNCIL/SUCCESSOR AGENCY/HOUSING AUTHORITY AB 1234/GENERAL COMMENTS Council Member Bui
March 9 Attended the OC Waste Management
March 13 Attended the Legislative meeting
March 18 Attended the Ribbon Cutting of Nguyen’s Kitchen Council Member Cunneen
March 13 Attended the Legislative Committee meeting
Mayor Pro Tem Grandis
March 8 Attended the OC Sanitation Admin Committee board meeting March 9 Attended the Kiwanis Board meeting
March 15 Attended the PCTA Board Meeting and the OC Sanitation District Board Meeting March 16 Attended the Community Foundation Board Meeting and the Volunteer meeting March 1 Attended the
March 3 Attended the
March 4 Attended the
March 6 Attended the
Mayor Constantine
March 8 I watched the Planning Commission Meeting on the City’s website.
March 9 I attended the GAC Meeting (Government Affairs Council) at the Sonesta Suites Hotel, then attended the Friends of the Fountain Valley Library Board Meeting at the Fountain Valley Library. Later, I attended a meeting regarding the FVPD locker room project at City Hall.
March 10 I attended the OC Women in Leadership Conference at the Avenue of the Arts Hotel in Costa Mesa. Our City Manager, Maggie was a panelist.
March 11 I attended the grand opening of Amarith Table (restaurant) in Garden Grove. It’s a new location by the owners of our Fountain Valley Amarith restaurant.
March 14 I watched the OC Board of Supervisors Meeting on the County website.
March 15 I participated in the PCTA Meeting (Public Cable Television) via Zoom.
March 16 I attended the U.S. Congresswoman Michelle Steel Mayoral Roundtable at the La Palma Community Center in La Palma, then participated in the OC Mosquito and Vector Control Meeting at OC Mosquito and Vector Control in Garden Grove. Later, I presented U.S.
Assembly Member Tri Ta a certificate on behalf of the City of Fountain Valley at his office in Westminster, then attended the Fountain Valley Community Foundation Board Meeting and the Fountain Valley Community Foundation Volunteer Meetings at the Fountain Valley Community and Senior Center.
March 18 I assisted the Fountain Valley Friends of the Library in setting up their 25 cent book sale outside the Fountain Valley Library, then attended and presented a certificate on behalf of the City of Fountain Valley at the ribbon cutting / grand opening of Nguyen’s Kitchen in Santa Ana. After that, I stopped in at the ESPN LA Pickleball Madness Tournament at the Fountain Valley Sports Park.
March 21 I attended the Rotary “Most Improved Student” Meeting at the Fountain Valley Community and Senior Center and presented 3 students with certificates on the behalf of the City of Fountain Valley.
Council Member Harper
March 8 Attended the OCTA Finance Committee
March 13 Attended the OCTA Board meeting
March 15 Attended the ACCOC Board Meeting
ADJOURN THE MEETING OF THE CITY COUNCIL/SUCCESSOR AGENCY/HOUSING
AUTHORITY
Mayor Pro Tem Grandis adjourned tonight’s meeting in the memory of Jason Schwerin Mayor Constantine adjourned the meeting at 7:10 pm to the next Meeting of the Fountain Valley City Council on April 4, 2023 at 6:00 p.m., in the Fountain Valley Council Chambers, 10200 Slater Avenue, Fountain Valley.
________________________________________________________________________________________________________________________________ Kim Constantine, Mayor
Attest:
___________________________
Rick Miller, City Clerk
CITY OF FOUNTAIN VALLEY
CITY COUNCIL
COUNCIL ACTION REQUEST
To: Honorable Mayor and Agenda Date: April 4, 2023
Members of the City Council
SUBJECT: Second Reading and Adoption of an Ordinance of the City Council of the City of Fountain Valley Increasing the Campaign Contribution Limit to Adjust for Inflation
Three-Year Strategic Goals
☐ Enhance the culture and environment of “A Nice Place to Live” ☐ Attract and retain revenue producing businesses
☐ Achieve fiscal stability in accordance with the 20-Year Financial Plan ☐ Attract and retain quality staff
☒ Not applicable
EXECUTIVE SUMMARY
At its meeting on March 21, 2023, the City Council introduced for first reading an Ordinance of the City Council of the City of Fountain Valley Increasing the Campaign Contribution Limit to Adjust for Inflation. The Ordinance was approved during the first reading without amendment.
The Ordinance is now presented to the City Council for second reading and adoption.
RECOMMENDED ACTION
Staff recommends that the City Council adopt the attached Ordinance.
ENVIRONMENTAL ANALYSIS
This Ordinance is not subject to review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines sections 15061(b)(3) (there is no possibility the activity in question may have a significant effect on the environment).
FINANCIAL ANALYSIS
There is no fiscal impact related to this item.
ATTORNEY REVIEW:
The Attorney for the City has reviewed and approved the Ordinance and prepared this
Second Reading for Campaign Contribution
April 4, 2023
Staff Report.
PUBLIC NOTIFICATION
Public notice was provided in compliance with the Ralph M. Brown Act.
ALTERNATIVES
1. Adopt the attached Ordinance of the City Council of the City of Fountain Valley Increasing the Campaign Contribution Limit to Adjust for Inflation.
2. Do not adopt the attached Ordinance of the City Council of the City of Fountain Valley Increasing the Campaign Contribution Limit to Adjust for Inflation.
3. Continue the item for further consideration.
RECOMMENDED ACTION
Staff recommends that the City Council adopt the attached Ordinance of the City Council of the City of Fountain Valley Increasing the Campaign Contribution Limit to Adjust for Inflation.
Prepared by: Colin Burns, Attorney for the City
Approved By: Maggie Le, City Manager
Attachment No 1: Ordinance of the City Council of the City of Fountain Valley Increasing the Campaign Contribution Limit to Adjust for Inflation
ORDINANCE NO.______
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
FOUNTAIN VALLEY INCREASING THE CITY CAMPAIGN
CONTRIBUTION LIMIT TO ADJUST FOR INFLATION
WHEREAS, in 1986, the Fountain Valley City Council enacted Municipal Code Section 2.90.020, which imposes a five hundred dollar campaign contribution limit on City elections; and
WHEREAS, the City of Fountain Valley has always maintained strong, ethical limits on local elections; and
WHEREAS, the five hundred dollar limit is substantially lower than that allowed under State law; and
WHEREAS, the City Council supports restrictions on campaign contributions that are effective, legally enforceable, and allow persons to exercise First Amendment rights to run effective campaigns; and
WHEREAS, the Ninth Circuit, in Thompson v. Hebdon, recently called into question a five hundred dollar limit on campaign contributions that was not indexed to inflation because of the impact the contribution limit had on the ability to run an effective campaign; and
WHEREAS, inflation has eroded the purchasing power of the dollar and it now takes $1,372 to have the same purchasing power that $500 had in 1986.
NOW, THEREFORE, the City Council of the City of Fountain Valley does hereby ORDAIN as follows:
Section 1:
Fountain Valley Municipal Code Section 2.90.020 is hereby amended to read to as follows:
2.90.020 Campaign contribution limitation.
(a) No person shall solicit or accept any contribution, gift, payment, subscription, loan, forgiveness of loans, advance, deposit, pledge or promise of payment of money, or anything of material value other than personal professional or nonprofessional services rendered, performed or offered by an individual on a purely voluntary basis, in aid of the nomination or election of a candidate that will cause the total amount contributed by the contributing person with respect to a single election in support of such candidate to exceed one thousand three hundred seventy-two dollars
($1,372). “Person,” for the purposes of this section, includes individuals, corporations, partnerships, foundations, political, religious or social organizations, committees, or associations.
(b) For the purposes of this section a husband or wife shall each be allowed the right to contribute up to one thousand three hundred seventytwo dollars ($1,372) regardless of the separate or community property nature of the source of the contribution. Each validly formed legal entity shall also have the right to contribute up to one thousand three hundred seventytwo dollars ($1,372), notwithstanding the fact that any individual partner, member, or shareholder may have also contributed in an individual capacity.
Section 2:
If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the ordinance. The City Council declares that it would have passed this ordinance and each and every section, subsection, sentence, clause or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would subsequently be declared invalid or unconstitutional.
Section 3:
The City Clerk shall certify to the adoption of this ordinance and cause it to be published as required by law. This ordinance shall become effective thirty (30) days after the date of its adoption.
PASSED AND ADOPTED by the City Council of the City of Fountain Valley at a regular meeting this 4th day of April, 2023.
ATTEST:
_______________________ _______________________
Rick Miller, City Clerk Kim Constantine, Mayor
Approved as to Form:
_______________________
Colin Burns
Attorney for the City
CITY OF FOUNTAIN VALLEY
CITY COUNCIL
COUNCIL ACTION REQUEST
To: Honorable Mayor and Agenda Date: April 4, 2023
Members of the City Council
SUBJECT: Approve a Resolution Ratifying the Director of Emergency Service’s Proclamation of the Existence of a Local Emergency Due to the 2023 California Rainstorms
Three-Year Strategic Goals
☒ Enhance the culture and environment of “A Nice Place to Live” ☐ Attract and retain revenue producing businesses
☐ Achieve fiscal stability in accordance with the 20-Year Financial Plan ☐ Attract and retain quality staff
☐ Not applicable
EXECUTIVE SUMMARY:
The 2023 California Rainstorms have resulted in widespread damage to public facilities.
On March 14, 2023, City staff discovered approximately 500 feet of the Northbound No. 2 lane on Newland Street south of Ellis Avenue had a roadway subgrade failure. The exact extent of the damage is undetermined at this time pending geotechnical and civil engineering investigation and the restoration recommendations.
On March 28, 2023, pursuant to Section 2.57.050 of the Fountain Valley Municipal Code, the City Manager acting as a Director of Emergency Services, and upon the recommendation of Staff, declared the Newland Street roadway subgrade failure as an emergency. Per City’s Municipal Code Section 2.36.030 (b), the City Manager authorized the immediate expenditure of funds to provide traffic control services to close the northbound lane temporarily to protect the motorist/public. Staff is working to secure geotechnical and civil engineering services to evaluate the conditions and recommendations for repairs. Ultimately, the goal is to repair the roadway by retaining a construction contractor to facilitate the repairs.
The preliminary cost estimate for repairs is approximately $1.2M. The City staff is pursuing Federal Storm Damage funding through the State Local Assistance Engineer’s office. City staff submitted a repair cost estimate to Caltrans for Federal Funding consideration on March 17, 2023.
City Council Request
Ratification of Proclamation of Local Emergency
April 4, 2023
PROCLAMATION OF LOCAL EMERGENCY:
A local emergency is defined in the California Emergency Management Act as:
“The duly proclaimed existence of conditions of disaster or of extreme peril to the safety of persons and property within the territorial limits of a county, city and county, or city, caused by such conditions as air pollution, fire, flood, storm, epidemic, riot, drought, sudden and severe energy shortage, plant or animal infestation or disease, the Governor’s warning of an earthquake or volcanic prediction, or an earthquake... or other conditions, other than conditions resulting from a labor controversy, which are or are likely to be beyond the control of the services, personnel, equipment, and facilities of that political subdivision and require the combined forces of other political subdivisions to combat…” California Government Code Section 8558(c).
When such emergency exists, the City Council may adopt a Proclamation of Local Emergency or, if the City Council is not in session, the Director of Emergency Services may Proclaim a local emergency. (Gov. Code 8630(a).)
Whenever a local emergency is proclaimed by the Director of Emergency Services, the local emergency will not remain in effect for a period in excess of seven days unless it is ratified by the City Council. (Gov Code 8630(b).)
Thereafter, the City Council reviews the need for continuing the local emergency at least once every 60 days until the Council terminates the local emergency. (Gov. Code 8630(c).) The Council should proclaim the termination of the local emergency at the earliest possible date conditions warrant. (Gov. Code 8630(d).) The Proclamation authorizes the undertaking of extraordinary police powers; provides limited immunity for emergency actions of public employees and governing bodies; authorizes the issuance of orders and regulations to protect life and property (e.g., curfews); and activates pre-established local emergency provisions such as special purchasing and contracting.
Local governments that adopt a Proclamation of Local Emergency should notify their Operational Area and provide a copy of the proclamation as soon as possible. 2023 CALIFORNIA RAINSTORMS:
On March 14, 2023, the staff discovered approximately 500 feet of the Northbound No. 2 lane on Newland Street south of Ellis Avenue had a roadway subgrade failure. The exact extent of the damage is undetermined at this time pending geotechnical and civil engineering investigation and the restoration recommendations.
City Council Request
Ratification of Proclamation of Local Emergency
April 4, 2023
On March 28, 2023, pursuant to Section 2.57.050 of the Fountain Valley Municipal Code, the City Manager acting as a Director of Emergency Services declared the Newland Street roadway subgrade failure as an emergency. Per City’s Municipal Code Section
2.36.030 (b), the City Manager authorized the immediate expenditure of funds to provide traffic control services to close the northbound lane temporarily to protect the motorist/public. Staff is working to secure geotechnical and civil engineering services to evaluate the conditions and recommendations for repairs. Ultimately, the goal is to repair the roadway by retaining a construction contractor to facilitate the repairs.
The preliminary cost estimate for repairs is approximately $1.2M. City staff is pursuing Federal Storm Damage funding through the State Local Assistance Engineer’s office. The staff submitted a repair cost estimate to Caltrans for Federal Funding consideration on March 17, 2023.
FINANCIAL ANALYSIS:
The preliminary cost estimate of the repairs for the rain-induced Newland Street pavement failure is $1.2M; however, actual costs are unknown due to the uncertainty inherent in underground construction work. Following completion of the work for the Newland Repairs, final costs will be reported to the Council. City staff will be recommending the City Council amend the FY 2022/23 General Fund Budget to include the actual cost of repairs.
PUBLIC NOTIFICATION:
The item was noticed per the Ralph M. Brown Act.
ATTORNEY REVIEW:
The Attorney for the City was apprised of the pavement failures and subsequently concurred that justification exists for the City Manager to declare an emergency to authorize work to being immediately under the emergency provisions of Section 2.57.050 and 2.36.030 (b) of the Fountain Valley Municipal Code. The Attorney for the City also assisted in the preparation of this staff report and resolution.
ALTERNATIVES:
Alternative No. 1: Approve a Resolution Ratifying the Director of Emergency Services’s Proclamation of the Existence of a Local Emergency Due to the 2023 California Rainstorms
Alternative No. 2: Do not Approve the Resolution. This is not a viable alternative as delaying the necessary emergency repairs exposes the City to potential danger to motorists and the public. Staff desires to continue to serve the community with a safe roadway.
City Council Request
Ratification of Proclamation of Local Emergency
April 4, 2023
RECOMMENDATION:
Staff is recommending that the City Council approve Alternative No. 1: Approve a Resolution Ratifying the Director of Emergency Services’s Proclamation of the Existence of a Local Emergency Due to the 2023 California Rainstorms Prepared by: Colin Burns, Attorney for the City
Prepared by: Temo Galvez, Deputy Public Works Director/City Engineer Approved by: Hye Jin Lee, Director of Public Works
Fiscal Review by: Ryan Smith, Finance Director/Treasurer Approved by: Maggie Le, City Manager
Attachment 1: Proclamation of Local Emergency
Attachment 2: Resolution Ratifying the Proclamation of Local Emergency
RESOLUTION NO. ___________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
FOUNTAIN VALLEY RATIFYING THE DIRECTOR OF
EMERGENCY SERVICE’S PROCLAMATION OF THE
EXISTENCE OF A LOCAL EMERGENCY DUE TO THE
2023 CALIFORNIA RAINSTORMS
WHEREAS, Fountain Valley Municipal Code Section 2.57.050 empowers the Director of Emergency Services of the City of Fountain Valley to proclaim the existence of a local emergency when the City is affected by a public calamity and the City Council is not in session; and
WHEREAS, on March 28, 2023, the Director of Emergency Services found that conditions of extreme peril to the safety of persons and property had arisen within the City, caused by rainstorms; and
WHEREAS, those conditions are, or are likely to be, beyond the control of the services, personnel, equipment, and facilities of said City; and WHEREAS, pursuant to California Government Code Section 8630, when the Director of Emergency Services proclaims the existence of a local emergency, the local emergency shall not remain in effect for a period in excess of seven days unless it has been ratified by the City Council; and
WHEREAS, the City Council has reviewed the proclamation of local emergency and the circumstances underlying the local emergency and concurs with the Director of Emergency Service’s Proclamation; and
WHEREAS, the City Council desires to ratify the Director’s proclamation of local emergency and authorize all powers associated therewith including, but not limited to, the powers granted the Director of Emergency Services under the California Emergency Services Act, Chapter 2.57 of the Fountain Valley Municipal Code, and City Polices.
NOW, THEREFORE, the City Council of the City of Fountain Valley hereby RESOLVES:
Section 1. Pursuant to California Government Code Section 8630 and Fountain Valley Municipal Code Section 2.57.050, the City Council ratifies the proclamation of local emergency, as defined by California Government Code Section 8558(c), caused by the 2023 California Rainstorms.
Section 2. The City Council shall review, within the time required by law, the need for continuing the local emergency until such time that the local emergency is terminated.
Section 3. The Director of Emergency Services, under Fountain Valley Municipal Code Section 2.57.050, is designated as the authorized representative of the City for purposes of receipt, processing, and coordination of inquiries and requirements necessary to obtain such private, state, and federal assistance as may be available.
Section 4. The Director of Emergency Services is authorized to exercise all powers of said position as described in the California Emergency Services Act, Chapter
2.57 of the Fountain Valley Municipal Code, and City Policies.
Section 5. The Director of Emergency Services is authorized to furnish information, enter into agreements, and to take all actions necessary to obtain emergency assistance to implement preventative measures to protect and preserve the public health of the City from said public health hazard within the scope of the local emergency hereby declared.
Section 6. The Fountain Valley City Clerk shall certify to the passage of this Resolution. This Resolution shall take effect immediately upon its adoption by the City Council.
Section 7. The City Clerk or City Fire Department shall forward a copy of this Resolution to the Orange County Operational Area.
Passed, approved, resolved, and adopted at a regular City Council meeting this 4th day of April 2023 by the following vote:
Mayor Constantine:
Mayor Pro Tempore Grandis:
Council Member Bui:
Council Member Cunneen:
Council Member Harper:
ATTEST:
_____________________ ___________________________
City Clerk, Rick Miller Mayor, Kim Constantine
APPROVED TO FORM:
HARPER & BURNS LLP
______________________________
Colin Burns
Attorneys for the City
CITY OF FOUNTAIN VALLEY
CITY COUNCIL
COUNCIL ACTION REQUEST
To: Honorable Mayor and Agenda Date: April 4, 2023
Members of the City Council
SUBJECT: Approve a First Amendment to CON-20-53 to Increase Hourly Rate for Barber & Bauermeister for Claims Defense Legal Services
Three-Year Strategic Goals
☒ Enhance the culture and environment of “A Nice Place to Live” ☐ Attract and retain revenue producing businesses
☐ Achieve fiscal stability in accordance with the 20-Year Financial Plan ☐ Attract and retain quality staff
☐ Not applicable
EXECUTIVE SUMMARY:
Barber & Bauermeister requests an increase in the firms’ hourly attorney rate from $215 to $235 to account for 2.5 years of inflation and maintain a billing rate that is consistent with that paid by CalJPIA.
DISCUSSION:
John Barber, of Barber & Bauermeister, has provided legal defense services to the City for years, including when City was a member of CalJPIA. Barber’s firm is currently defending several cases for the City while the City is a member of PRISM. Barber’s firm has had the same hourly rate since 2020. CalJPIA recently increased Barber’s hourly rate to $235. Mr.
Barber has requested the same increase from City to maintain consistency with CalJPIA and account for 2.5 years of inflation. City has received excellent representation from Mr. Barber over the years.
FISCAL REVIEW:
The current adopted budget includes sufficient funding for this increase. It will be expensed through the Self Insurance Internal Service Fund - General Liability Legal Fees Account 114.00.00411.54005.
Amendment of CON-20-53
April 4, 2023
Law Offices of Barber & Bauermeister (CON 20-53)
Purchase Order 230096 - FY 2023 Legal Services 175,000
YTD Expenditures - Legal Services through February
2023 (87,831)
Total Remaining on FY23 PO 230096 87,169
PUBLIC NOTIFICATION:
The item was noticed per the Ralph M. Brown Act.
ENVIRONMENTAL IMPACT REVIEW:
Not applicable.
ATTORNEY REVIEW:
The Attorneys for the City prepared this staff report and the contract amendment.
ALTERNATIVES:
Alternative No. 1:
Alternative No. 2:
RECOMMENDATION:
Approve the First Amendment to the contract increasing the hourly rate.
Do not approve the First Amendment.
Staff is requesting City Council approval of Alternative No. 1 Approve the First Amendment to the contract increasing the hourly rate.
Prepared by: Colin Burns, Attorney for the City
Reviewed by: Rick Miller, City Clerk-Risk Administrator Fiscal review by: Ryan Smith, Finance Director
Approved by: Maggie Le, City Manager
Attachments:
1. First Amendment to Contract 20-53
CITY OF FOUNTAIN VALLEY
CITY COUNCIL
COUNCIL ACTION REQUEST
To: Honorable Mayor and Agenda Date: April 4, 2023
Members of the City Council
SUBJECT: Consideration and Direction in Regards to Whether the City Continues to Participate with PRISM-EIA or Return to the Previous Insurance Program California Joint Powers Insurance Authority (CalJPIA)
Three-Year Strategic Goals
☒ Enhance the culture and environment of “A Nice Place to Live” ☐ Attract and retain revenue producing businesses and opportunities ☒ Achieve fiscal stability in accordance with the 20-Year Financial Plan ☒ Attract and retain quality staff
☐ Not applicable
EXECUTIVE SUMMARY:
This report requests City Council to consider whether or not they would like the City to continue with its current Insurance Carrier, PRISM, or withdraw from the PRISM program and re-join CalJPIA.
DISCUSSION:
Since 2018, the City has participated in the PRISM program after having withdrawn from CalJPIA after 32 years of membership. PRISM has been a stable insurance provider in what has turned out to be a very hard market over the past few years as it relates to General Liability premiums. However, one of the City’s Strategic Planning goals is to assess opportunities for cost savings. Given that General Liability premiums have increased by $279,972 over four years, the City undertook a project to review the City’s cost of coverage.
PRISM (former known as CSAC) was formed in 1979 by 29 California counties. Since then, the EIA’s membership has expanded to include 93% of the counties in California and approximately 60% of cities (for at least one line of coverage), as well as numerous school districts, special districts, housing authorities, fire districts, and other Joint Powers Authorities.
The EIA is one of the largest public agency risk pools in the nation. For comparison purposes, total member payroll for the CalJPIA General Liability Program is $779 million compared to $6.1 billion for the EIA. The EIA is able to leverage economies of scale not commonly available to joint powers authorities due to the EIA’s size and financial strength.
Consideration and Direction on Insurance Program
April 4, 2023
Since 2018, the City has been a member of PRISM (CSAC). The table below reflects the annual premiums the City has paid for General Liability coverage only as of 2020.
Annual GL
Premium (PRISM)
2020/21 515,028
2021/22 515,774
2022/23
2023/24
651,196
795,000 (estimate)
The City on average has had positive claim experience over the past 10 years with the exception of two (2) claims that occurred in January 2013. The 2013 claims resulted in losses that exceeded $1 million per incident. As expected, these losses have contributed, in part, to the increase in premiums. Liability claims are not the only factor as the reinsurance market has also become a hard market where many insurers have declined to provide coverage, leaving only a smaller market of insurers to provide coverage.
The City identified comparable coverage through CalJPIA compared to the coverage afforded by PRISM. The chart below represents the 2023/24 premiums for both CalJPIA and PRISM.
The premium quote provided by PRISM; however, is not finalized yet, and a range of $795,000 to $833,000 was given for the 2023/24 renewal of the General Liability Policy. In addition to the base premium amount, the City would also have to contract out for Third Party Claims Administration services within the PRISM program. In the CalJPIA program, the Third party Administrator cost is absorbed into the GL premium.
CalJPIA EIA
Insurance Premium (GL) $692,556 $795,000
Third Party Administrator Costs Included 20,000
Training Costs Included 95,000
$692,556 $910,000
City staff met with the CalJPIA Chief Executive Officer and Chief Financial Officer on January 17, 2023 in order to explore more cost effective programs available through the CalJPIA.
Subsequent to this meeting, the City engaged in seeking a quote on the General Liability coverage. On March 21, 2023, the CalJPIA underwriting committee held a meeting to determine if the City should be admitted. The committee voted in unanimous favor of admitting the City of Fountain Valley.
CalJPIA was formed over forty years ago by 33 cities to address their shared risks and to fill an immediate need and to develop a long-term strategy for mitigating the growing risks of their public agencies. Then and now, the CalJPIA preserves the independence of each member agency while yielding the benefits of scale that come with pooling their risks. The Authority is governed by elected officials from its member agencies. An Executive Committee, elected by members and guided by the CalJPIA’s mission to provide innovative risk management
Consideration and Direction on Insurance Program
April 4, 2023
solutions, provides strategic oversight while a professional staff of experienced risk mitigation experts facilitate day-to-day management and execute on key priorities and programs.
Members of the CalJPIA have committed their agencies to risk management best practices— including policy implementation, staff training, and operational guidance—that support proactive efforts to mitigate risk. Not merely an insurance solution, the CalJPIA’s holistic model positions its member agencies to control costs and remain fiscally strong. Today, more than 100 public agencies have partnered with the CalJPIA to address their risks and implement best practices. Member agencies vary from small, single-purpose entities to cities to special districts. Though diverse in their missions, each member is committed to the implementation of risk management practices and the overall financial health of the pool.
The bylaws provided by PRISM in regards to notice of leaving the program require the City to provide a 60-day notice of intent to leave the program followed up by a confirmation notice that the City will indeed leave the PRISM program or has decided to stay. The final notice of determination must be sent at least 30 days prior to the expiration of the 2022/23 policy year which ends June 30, 2023. Therefore, the initial notice would be required to be sent prior to May 1, 2023 and the second notice no later than June 1, 2023.
FINANCIAL ANALYSIS:
The 2023/24 Preliminary Budget that will be brought forward to the City Council on May 16, 2023 will include all of the insurance premiums due for the 2023/24 renewal, based on what program the City Council elects to move forward with.
ATTORNEY REVIEW:
This item does not require City Attorney review.
ALTERNATIVES:
Alternative No.1: Provide staff with direction to formally request that the City be removed from the PRISM program and alternatively pursue admittance into the CalJPIA program with formal action taking place at the April 18, 2023 Regular City Council meeting.
Alternative No. 2: Provided staff with the direction that the City intends to stay with the PRISM program, to which no further action is necessary.
RECOMMENDATION:
Staff has no recommendation on this item.
Prepared by: Rick Miller, City Clerk / Administrator
Approved by: Maggie Le, City Manager