Joint Powers Agreement Page 5 of 19 Amended July 17, 2019 (b) Said powers shall be exercised pursuant to the terms hereof and in the manner provided by law and are subject to the restrictions upon the manner of exercising the powers of the City of Lakewood.
ARTICLE 7 - BOARD OF DIRECTORS
(a) The Authority shall be governed by the Board of Directors that is hereby established and that shall be composed of one representative Director from each Member, who shall be selected from the legislative body of that Member by the process chosen by the Member. (b) Each legislative body, in addition to appointing its Director of the Board, shall appoint at least one alternate who shall be an officer or employee of the Member. The alternate shall have the authority to attend, participate in, and vote at any meeting of the Board when the regular Director for whom he or she is an alternate is absent from said meeting.
ARTICLE 8 - POWERS OF THE BOARD OF DIRECTORS
The Board of Directors of the Authority shall have the following powers and functions:
(a) The Board shall elect from its members pursuant to Article 10 of this Agreement an Executive Committee, to which it may give authority to make and implement any decisions, including those involving the administration of the Authority, except those decisions that would require an amendment of this Agreement, under Article 34 herein. (a) The Board shall adopt the operating budget of the Authority. (b) The Board may review all acts of the Executive Committee, including development of the memoranda of coverage, and shall have the power to modify and/or override any decision or action of the Executive Committee upon a majority vote of a quorum of the Board of Directors.
(c) The Board shall receive and review periodic accountings of all funds under Articles 18 and 19 of this Agreement.
(d) The Board shall have the power to conduct on behalf of the Authority all business of the Authority, including that assigned to the Executive Committee, that the Authority may conduct under the provisions hereof and pursuant to law. (e) The Board shall have such other powers and functions as are provided for in this Agreement.
Joint Powers Agreement Page 6 of 19 Amended July 17, 2019 (f) The Board shall not have the power to overturn the decisions of the Claims Committee in regard to the settlement of claims.
ARTICLE 9 - MEETINGS OF THE BOARD OF DIRECTORS
(a) Meetings. The Board shall provide for its regular, adjourned regular, and special meetings; provided, however, that it shall hold at least one regular meeting annually at a time and place determined by the Executive Committee.
(b) Minutes. The Secretary of the Authority shall cause minutes of regular, adjourned regular, and special meetings to be kept and shall, as soon as possible after each meeting, cause a copy of the minutes to be forwarded to each member of the Board. (c) Quorum. A majority of the Directors or Alternates of the Board shall constitute a quorum for the transaction of business, except that less than a quorum may adjourn from time to time. A vote of the majority of those Directors or Alternates present at a meeting shall be sufficient to constitute action by the Board.
(d) Compliance with the Brown Act. All meetings of the Board, including, without limitation, regular, adjourned regular, and special meetings, shall be called, noticed, held, and conducted in accordance with the provisions of the Ralph M. Brown Act, California Government Code Section 54950 et seq.
ARTICLE 10 - EXECUTIVE COMMITTEE
There shall be an Executive Committee of the Board of Directors that shall consist of nine (9) members. Two of the members of the Executive Committee shall be the President and Vice President of the Board of Directors. The other members of the Executive Committee shall be elected by the Board of Directors at the Annual Meeting for the terms provided in the Bylaws.
The President of the Authority, or the Vice President in his or her absence, shall serve as the Chairperson of the Executive Committee.
ARTICLE 11 - POWERS OF THE EXECUTIVE COMMITTEE
The Executive Committee of the Board of Directors shall have the following powers:
(a) The Executive Committee shall determine and select joint protection programs for the Authority including adoption of language of the Memoranda of Coverage and any limitations or endorsements to such Memoranda.
Joint Powers Agreement Page 7 of 19 Amended July 17, 2019 (b) The Executive Committee shall determine and select all insurance necessary to carry out the joint protection programs of the Authority. (c) The Executive Committee shall have the authority to approve membership in the Authority and Member participation in one or more joint protection programs in accordance with Articles 22 and 23.
(d) The Executive Committee shall have the authority to cancel Member participation in one or more joint protection programs in accordance with Articles 26 and 28. (e) The Executive Committee shall develop the operating budget of the Authority. (f) The Executive Committee shall have authority to contract for or develop various services for the Authority, including, but not limited to, claims adjusting, loss control, and risk management consulting services.
(g) The Executive Committee shall receive and act upon reports of the Advisory Committees and the Chief Executive Officer.
(h) The Executive Committee shall appoint the Treasurer and Chief Executive Officer of the Authority.
(i) The Executive Committee shall have the power to hire such persons as the Executive Committee deems necessary for the administration of the Authority. (j) The Executive Committee shall have the general supervisory and policy control over the day-to-day decisions and administrative activities of the Chief Executive Officer of the Authority.
(k) The Executive Committee shall have such other powers and functions as are provided for in this Agreement or as delegated by the Board of Directors, including the power to create committees it deems necessary.
ARTICLE 12 - MEETINGS OF THE EXECUTIVE COMMITTEE
The meetings of the Executive Committee shall be held and conducted in the same manner as the meetings of the Board of Directors, provided for in Article 9 of this Agreement.
In addition, the Committee shall make periodic reports to the Board of Directors, advising the Board of its decisions and activities concerning the implementation of the joint protection programs of the Authority.
Joint Powers Agreement Page 8 of 19 Amended July 17, 2019 ARTICLE 13 - CLAIMS COMMITTEE
The Executive Committee members, together with the Chairs of the Managers Committee and the Finance Officers Committee, shall sit as the Claims Committee of the Authority. The Claims Committee shall have authority to make all determinations regarding defense, indemnity, and settlement of claims under the Memoranda of Coverage. Decisions of the Claims Committee regarding settlement of claims shall be final and not subject to further review.
Decisions regarding coverage for defense or indemnity of claims shall be final, but subject to the Member’s appeal rights as detailed in the applicable Memorandum of Coverage.
ARTICLE 14 - OFFICERS OF THE AUTHORITY
(a) President and Vice President. The Board shall elect a President and Vice President of the Authority, each to hold office for a two-year term, except as hereinafter provided, and until a successor is elected. The election of the President and Vice President shall be on alternate years. In the event the President so elected ceases to be a member of the Board, or for other reasons is unable to serve, the Vice President shall assume the position of President and serve the remainder of the prior President’s unexpired term. In the event the Vice President so elected ceases to be a member of the Board, or for other reasons is unable to serve, the Executive Committee shall select from among its membership a new Vice President who shall serve the remainder of the unexpired term.
(b) Chief Executive Officer. The Chief Executive Officer shall be authorized and responsible for the overall management and administration of the Authority and its joint protection programs and shall select and appoint all employees. (c) Secretary. The Secretary shall be responsible for all minutes, notices and records of the Authority and shall perform such other duties as may be assigned by the Executive Committee.
(d) Treasurer. The duties of the Treasurer are set forth in Articles 18 and 19 of this Agreement.
(e) Attorney. The Executive Committee shall select an attorney for the Authority.
The attorney shall serve at the pleasure of the Executive Committee. (f) The Executive Committee shall have the power to appoint such other officers as may be necessary in order to carry out the purposes of this Agreement.
Joint Powers Agreement Page 9 of 19 Amended July 17, 2019 ARTICLE 15 - ADVISORY COMMITTEES
The Board of Directors or Executive Committee may establish Advisory Committees as deemed necessary. Such Committees shall meet from time to time as deemed necessary by them, and shall make recommendations to the Executive Committee based upon their expertise.
ARTICLE 16 - COVERAGE
(a) The coverage provided for Members through the Authority’s joint protection programs may include protection for Personal Injury, Errors and Omissions, Contractual and Comprehensive Liability, Workers’ Compensation and such other areas of coverage as the Executive Committee may determine. Such coverage may be through insurance as defined in Article 1.
(b) The Authority shall maintain limits of coverage for Members determined by the Executive Committee to be adequate. The Executive Committee may arrange for a group policy to be issued for Members interested in obtaining additional coverage above the limits of coverage at an additional cost to those participating Members. (c) The Executive Committee shall arrange for the purchase of insurance it deems necessary to protect the funds of the Authority against catastrophes. The Executive Committee shall have the authority to discontinue purchase of this insurance, if at a future time the Executive Committee determines that it is no longer needed to protect the Authority's funds.
ARTICLE 17 - DEVELOPMENT OF THE JOINT PROTECTION PROGRAMS (a) The joint protection programs provided by the Authority shall extend to agencies or authorities as determined in the Memorandum of Coverage of each program. (b) The cost allocation formula for each joint protection program shall be adopted by the Executive Committee.
(c) The contribution for each Member’s participation in a joint protection program shall be determined by the Executive Committee.
(d) The cost allocation formula adopted by the Executive Committee for each joint protection program may provide for retrospective adjustments, and each Member shall pay any additional contribution required by such retrospective adjustment.
Joint Powers Agreement Page 10 of 19 Amended July 17, 2019 (e) The Executive Committee may provide for payment of a portion of such contributions to be made over a period of time on terms set by the Executive Committee. (f) The Executive Committee may expand the Authority's offerings of joint protection programs to make available for Members’ protection in addition to that which is provided for in this Agreement.
(g) Contributions held by the Authority for each joint protection program shall be accounted for separately, so that only Members participating in the program will share in pooled losses and expenses of that program. This separate accounting shall not prohibit the Authority from commingling contributions for purposes of investment, nor from paying losses or expenses when due from all available funds. As deemed appropriate, the Executive Committee may provide for inter-program transfers in the forms of loans, letters of credit, or other financial arrangements that stipulate that the lending program will be made whole by the borrowing program through the timely repayment of principal and compensation for the value of lost investment earnings during the financing period.
ARTICLE 18 - ACCOUNTS AND RECORDS
(a) Budget. The Authority shall adopt an operating budget, pursuant to Article 11(e) of this Agreement.
(b) Funds and Accounts. The Treasurer of the Authority shall establish and maintain such funds and accounts as may be required by good accounting practice or by the Executive Committee. Books and records of the Authority in the hands of the Treasurer shall be open to any inspection at all reasonable times by representatives of a Member. (c) Treasurer's Report. The Treasurer, within 270 days after the close of each fiscal year, shall give a complete written report of all financial activities for such fiscal year to the Board and to each Member.
(d) Annual Audit. The Executive Committee shall provide for a certified, annual audit of the accounts and records of the Authority. The audit shall conform to generally accepted auditing standards. When such an audit of the accounts and records is made by a Certified Public Accountant, a report thereof shall be filed as a public record with each of the Members.
Such report shall be filed within nine months of the end of the year under examination.
Joint Powers Agreement Page 11 of 19 Amended July 17, 2019 (e) Costs. Any costs of the audit, including contracts with, or employment of, Certified Public Accountants, in making an audit pursuant to this Article, shall be borne by the Authority and shall be considered included within the term “administrative costs.” ARTICLE 19 - RESPONSIBILITY FOR MONIES
(a) The Treasurer of the Authority shall have the custody of and disburse the Authority's funds. He or she shall have the authority to delegate the signatory function of Treasurer to such persons as are authorized by the Executive Committee. (b) A bond or other insurance protection providing coverage for embezzlement or other criminal acts in an amount determined by the Executive Committee to be adequate shall be required of all officers and personnel authorized to disburse funds of the Authority. The cost of such bond or insurance protection shall be paid for by the Authority. (c) The Treasurer of the Authority shall perform the duties described in California Government Code Sections 6505.5 and 6505.6 pertaining to the receipt, safekeeping, payment, and reporting of Authority funds.
ARTICLE 20 - RESPONSIBILITIES OF THE AUTHORITY
The Authority shall perform the following functions in discharging its responsibilities under this Agreement:
(a) Provide loss protection as necessary, through various means including but not limited to insurance or other financial risk transfer, by negotiation or bid and purchase. (b) Assist Members in obtaining coverage for risks not included within the joint protection programs of the Authority.
(c) Assist each Member’s assigned risk manager with the implementation of that function within the Member.
(d) Provide loss prevention and safety and consulting services to Members as required, which may include programs for grants or loans to Members for loss prevention or safety purposes.
(e) Provide claims adjusting and subrogation services for claims covered by the Authority's joint protection programs.
Joint Powers Agreement Page 12 of 19 Amended July 17, 2019 (f) Provide loss control and analysis by the use of statistical analysis, data processing, and record and file keeping services, in order to identify high exposure operations and to evaluate proper levels of self-retention and deductibles. (g) Provide contract review when requested by Members to determine sufficiency of indemnity and insurance provisions.
(h) Conduct risk management evaluations of each Member to encourage implementation of best risk management practices.
(i) The Authority shall have standing and shall pursue recovery in its own name or in the name of a Member for losses covered by a joint protection program. Such recovery may be through subrogation, cross complaint, or salvage, as appropriate. (j) The Authority shall have such other responsibilities as deemed necessary by the Board of Directors or Executive Committee in order to carry out the purposes of this Agreement.
ARTICLE 21 - RESPONSIBILITIES OF MEMBERS
Members shall have the following responsibilities:
(a) The legislative body of each Member shall appoint a representative and at least one alternate representative to the Board of Directors, pursuant to Article 7 of this Agreement. (b) Each Member shall appoint an employee to be responsible for the risk management function of that Member, and to serve as a liaison between the Member and the Authority as to risk management.
(c) Each Member shall maintain an active safety officer and/or committee, and shall consider all recommendations of the Authority concerning unsafe practices or exposures. (d) Each Member shall pay its contribution and any retrospective adjustment promptly to the Authority when due. After withdrawal or termination, each Member shall pay promptly to the Authority its share of any additional contribution, when and if required of it by the Executive Committee under Articles 24, 25, 26, 27, and 28 of this Agreement. (e) Each Member shall report all claims to the Authority in accordance with the policies and procedures governing the joint protection program to which the claim applies. (f) Each Member shall provide the Authority with such other information or assistance as may be necessary for the Authority to carry out the joint protection programs under this Agreement.
Joint Powers Agreement Page 13 of 19 Amended July 17, 2019 (g) Each Member shall cooperate with and assist the Authority in the pursuit of recoveries for losses covered by a joint protection program, including assigning its right to recover subrogated amounts, and if necessary, executing a written agreement to effect such assignment.
(h) Each Member shall in any and all ways cooperate with and assist the Authority, and any insurer of a joint protection program, in all matters relating to this Agreement and covered losses, and will comply with all bylaws, rules and regulations adopted by the Board of Directors and Executive Committee.
(i) Each Member shall actively participate in the Authority’s Risk Management Evaluation and Loss Control Action Plan (LossCAP) programs.
ARTICLE 22 - NEW MEMBERS
The Authority shall allow entry of new Members approved by the Executive Committee. (a) Executive Committee approval for new Members shall be according to the following procedure:
1. Investigation of each potential member by Authority staff and preparation of a report;
2. Review of the report by the Underwriting Committee, which shall then be forwarded to all Directors for review and comment;
3. Review by the Directors and submittal of comments to the Chief Executive Officer during the comment period; and
4. Approval by a two-thirds vote of the Executive Committee. (b) Membership is effective immediately upon approval by the Executive Committee and execution of this Agreement by the new Member to join the Authority. (c) A Member entering under this Article may be required to pay its share of organization expenses as determined by the Executive Committee including those necessary to analyze its loss data and determine its contributions.
(d) Should the Board of Directors rescind the membership approval made by the Executive Committee pursuant to Article 8(b), the Member shall be given at least ninety days advance notice of the effective date of termination of Membership, and the Member shall be
Joint Powers Agreement Page 14 of 19 Amended July 17, 2019 treated as if it had withdrawn on the effective date, and shall have the same responsibilities as if the Member had voluntarily withdrawn on the effective date. (e) New Members, accepted into membership after July 1, 2016, shall have provisional membership status throughout the initial five years of membership. During the provisional membership period:
1. The Authority reserves the right to retrospectively adjust the cost of coverage for provisional Members based on actual claims development, in the event that it varies materially from claims data provided to the Authority at the time of the initial underwriting; and
2. The Authority reserves the right to terminate membership of any provisional Member at the end of a protection period, with or without cause, by a two-thirds vote of the Executive Committee, provided the Executive Committee gives the provisional Member at least ninety days advance notice of the effective date of the termination of membership.
3. A provisional Member subject to termination under Paragraph 2, above, may appeal said termination to a panel of five chief executives randomly selected from the other Members.
(f) If a provisional Member does not complete five successive years of membership in good standing, due to withdrawal or termination, that provisional Member is not eligible to receive in any refunds, dividends, or equity distributions that may occur during the provisional membership period or at any time thereafter.
ARTICLE 23 - PROGRAM PARTICIPATION
The Authority shall allow for the participation of Members in the joint protection programs as approved by the Executive Committee.
(a) Executive Committee approval for new Members shall be according to the following procedure:
1. Investigation of a potential participant by Authority staff and preparation of a report;
2. Consideration of the report by the Underwriting Committee with a recommendation to the Executive Committee; and
Joint Powers Agreement Page 15 of 19 Amended July 17, 2019
3. Approval by a two-thirds vote of the Executive Committee, (b) Program participation is effective immediately upon approval by the Executive Committee and execution of appropriate resolutions and/or other documents by the new participant allowing participation in the joint protection program. (c) A Member entering into a joint protection program may be required to pay its share of program development expenses as determined by the Executive Committee including those necessary to analyze its loss data and determine its contributions. (d) Should the Board of Directors rescind the program participation approval made by the Executive Committee pursuant to Article 8(b), the Member shall be given at least ninety days advance notice of the effective date of termination of program participation, and the Member shall be treated as if it had withdrawn on the effective date, and shall have the same responsibilities as if the Member had voluntarily withdrawn on the effective date.
ARTICLE 24 - WITHDRAWAL
(a) A Member that enters into this Agreement may not withdraw as a party to this Agreement and as a Member of the Authority for a three-year period commencing on the effective date of its membership.
(b) A Member that enters into a joint protection program may not withdraw as a participant in that program for a three-year period commencing on the effective date of its participation in the joint protection program.
(c) After the initial three-year non-cancellable commitment to membership in the Authority or participation in a joint protection program, a Member may withdraw only at the end of any protection period, provided it has given the Authority a twelve-month written notice of its intent to withdraw from this Agreement and/or any joint protection programs in which it participates.
ARTICLE 25 - EFFECT OF WITHDRAWAL
(a) The withdrawal of any Member from this Agreement shall not terminate the Agreement, and no Member by withdrawing shall be entitled to payment or return of any deposits, contributions, consideration or property paid, or donated by the Member to the Authority, or to any distribution of assets.
Joint Powers Agreement Page 16 of 19 Amended July 17, 2019 (b) The withdrawal of any Member from participation in a joint protection program shall not terminate the Member’s responsibility to contribute its share of contributions or funds to the program until all claims, or other unpaid liabilities, covering the period the Member was signatory hereto have been finally resolved and a determination of the final amount of payments due from the Member or credits to the Member for the period of its participation has been made by the Executive Committee. In connection with this determination, the Executive Committee may exercise similar powers to those provided for in the Article 30(c) of this Agreement.
ARTICLE 26 - CANCELLATION OF PROGRAM PARTICIPATION
The Executive Committee shall have the right to cancel any Member’s participation in one or more joint protection programs upon the recommendation of the Chief Executive Officer and in accordance with the Healthy Members Practices and Procedures protocol. Any Member so cancelled shall on the effective date of the cancellation be treated the same and shall have the same responsibilities as if the Member had voluntarily withdrawn from the joint protection program.
ARTICLE 27 - CANCELLATION OF MEMBERSHIP
The Board of Directors shall have the right to cancel the membership of any Member based upon a three-fourths vote of the entire Board of Directors. Any Member so cancelled shall on the effective date of the cancellation be treated the same as if the Member had voluntarily withdrawn from membership, and said Member shall have the same responsibilities.
Cancellation, as specified above, shall be within the sole discretion of the Board of Directors and may occur with or without cause, and the Board's discretion shall not be subject to any further review or appeal.
ARTICLE 28 - CANCELLATION FOR NON-PAYMENT
In the absence of a payment plan as authorized in Article 17(e), any Member’s participation in a joint protection program may be cancelled automatically in the event of a failure of the Member to pay any contribution as required in this Agreement. Should any contribution remain unpaid more than thirty (30) days after receipt of notice by the Member, the Authority will send a notice advising the Member that it is in default under the terms of this Agreement, and that the Member’s participation will be cancelled within thirty (30) additional
Joint Powers Agreement Page 17 of 19 Amended July 17, 2019 days unless full payment is received. Failure to make full payment as required in the notice of default shall be considered a withdrawal by the Member from the program effective on the date of cancellation specified in the notice of default; and no coverage shall apply to any claims submitted subsequent to the effective date of cancellation that arise from occurrences taking place during the current protection period. A Member cancelled for non-payment shall remain liable for a prorated share of the current year’s contribution and for all retrospective adjustment contributions through the date of cancellation and attributable to prior years of coverage in which it participated.
ARTICLE 29 - ATTORNEY FEES AND COSTS OF COLLECTION
Should any Member or former Member fail to pay any contribution or retrospective adjustment contribution when due, the Member shall also be liable to the Authority for attorney fees and costs incurred by the Authority in pursuing collection of such sums.
ARTICLE 30 - TERMINATION AND DISTRIBUTION
(a) This Agreement may be terminated by the written consent of three-fourths of the Members; provided, however, that this Agreement and the Authority shall continue to exist for the purpose of disposing of all claims, distribution of assets and all other functions necessary to wind up the affairs of the Authority.
(b) Upon termination of this Agreement, all assets of the Authority shall be distributed only among the parties that have been Members of a joint protection program, including any of those parties that previously withdrew pursuant to Article 24 of this Agreement, in accordance with and proportionate to their cash (including contributions) payments and property (at market value when received) contributions made reduced by their share of losses and expenses paid during the term of this Agreement. The Executive Committee shall determine such distribution within six months after the last pending claim or loss covered by this Agreement has been finally disposed of.
(c) The Executive Committee is vested with all powers of the Authority for the purpose of winding up and dissolving the business affairs of the Authority. These powers shall include the power to require Members, including those that were Members at the time a claim arose or at the time a loss was incurred, to pay their share of any additional amount of
Joint Powers Agreement Page 18 of 19 Amended July 17, 2019 contribution deemed necessary by the Executive Committee for final disposition of all claims and losses covered by this Agreement. A Member’s share of such additional contributions shall be determined on the same basis as that provided for annual contributions in Article 17 of this Agreement, and shall be treated as if it were the next year's annual contribution for that Member. (d) In the absence of an Executive Committee, the Secretary shall exercise all powers and authority under this Article. The decision of the Executive Committee or Secretary under this Article shall be final.
(e) A provisional Member that does not complete five years of membership pursuant to Article 22 shall not be entitled to any distribution of assets upon termination of this Agreement.
ARTICLE 31 - PROVISION FOR BYLAWS
The Board shall cause to be developed Authority Bylaws. Each Member shall receive a copy of any Bylaws developed under this Article.
ARTICLE 32 - NOTICES
Notices to Members hereunder shall be sufficient if delivered to the administrative office of the respective Member. Delivery may be by U.S. Mail, email, or other form of notice acceptable under the Ralph M. Brown Act.
ARTICLE 33 – PROVISION FOR MAILED BALLOTS
Unless specifically prohibited elsewhere within this Agreement or the Bylaws, all actions contemplated by the Board of Directors may be voted on by the Members by mailed ballot as defined in the Bylaws. This shall not include the election of officers or members of the Executive Committee. Actions taken by mailed ballot shall require the same percentage of votes cast by the entire Membership as the percentage that would be required of a quorum voting on an item at a Board of Directors meeting.
Joint Powers Agreement Page 19 of 19 Amended July 17, 2019 ARTICLE 34 - AMENDMENT
With the exception of Article 27, this agreement may be amended by two-thirds vote of the Directors present at a duly held Board of Directors meeting, or by a two-thirds vote of the Membership for an amendment placed before the Membership by mailed ballot. Amendment to Article 27 shall require a three-fourths vote of the entire Board of Directors at a duly held Board of Directors meeting, or by a three-fourths vote of the Membership for an amendment placed before the Membership by mailed ballot.
ARTICLE 35 - PROHIBITION AGAINST ASSIGNMENT
With the exception of Article 21 (g), no Member may assign any right, claim or interest it may have under this Agreement, and no creditor, assignee or third party beneficiary of any Member shall have any right, claim or title to any part, share, interest, fund, contribution, or asset of the Authority.
ARTICLE 36 - AGREEMENT COMPLETE
The foregoing constitutes the full and complete Agreement of the parties. There are no oral understandings or agreements not set forth in writing herein.
IN WITNESS WHEREOF, the parties hereto have first executed this Agreement by authorized officials thereof on the date indicated below.
Date:
MEMBER:
By:
CITY OF FOUNTAIN VALLEY
CITY COUNCIL
COUNCIL ACTION REQUEST
To: Honorable Mayor and Agenda Date: May 16, 2023
Members of the City Council
SUBJECT: A Resolution of the City Council of the City of Fountain Valley approving the Fiscal Year 2023/2024 Project List for SB-1 Funds for $1,413,157 for the following arterial streets rehabilitation project:
Warner Avenue and Ellis Avenue (from Brookhurst Street to Bushard Street)
Project No. 2422321008 Warner Avenue from Brookhurst Street to Bushard Street
Project No. 2422321009 Ellis Avenue from Brookhurst Street to Bushard Street
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:
In April 2017, the Governor signed into law Senate Bill 1 (SB-1), the Road Repair and Accountability Act of 2017. Administered through the Roadway Maintenance and Rehabilitation Account (RMRA), it will provide for an additional $54 billion statewide over the next decade. The major focus of the funding is for pavement rehabilitation to improve the condition of roadways throughout the State. The major revenue-generating sources for this new funding increase are gasoline and diesel tax, an increase in vehicle registration fees that varies depending upon the vehicle's value, and a $100 vehicle registration fee imposed on zero-emission vehicles.
To be eligible for receipt and use of the funds, agencies must adopt a resolution that identifies each year’s projects that will utilize SB-1 funding. In addition, there are specific and separate financial reporting requirements each year and a continued Maintenance of Effort (MOE)
SB-1 FY2023-2024 Project Resolution
May 16, 2023
General Fund spending to ensure that these new SB-1 revenues supplement and not supplant existing spending.
The basic eligible projects include roadway rehabilitation, safety projects, complete street components (such as bike lanes and pedestrian facilities), and traffic control devices. For agencies whose pavement condition index (PCI) is less than 80 (on a scale of 0 to 100), the eligible projects are restricted to those listed above. For agencies whose PCI is greater than 80, the eligible list of projects includes not only those listed above but can also include additional project categories such as roadway capacity improvement projects. The overall PCI for Fountain Valley is 85.7. The overall PCI for residential pavement is 86.4 while the PCI for the arterial system is 84.5. While this strong PCI provides for additional transportation investment opportunities, Staff recommends that the funds generated by SB-1 continue to be focused on the City’s residential and arterial highway rehabilitation and resurfacing projects.
The City has a $24 million backlog on paving projects. The City of Fountain Valley will receive approximately $1 million per year in the next 10 years of SB-1.
Staff recommends that the City Council adopt a Resolution of the City Council of the City of Fountain Valley approving the Fiscal Year 2023/2024 Project List for SB-1 Funds for $1,413,517 for the following arterial street rehabilitation project:
Warner Avenue and Ellis Avenue (from Brookhurst Street to Bushard Street) Project No. 2422321008 Warner Avenue from Brookhurst Street to Bushard Street Project No. 2422321009 Ellis Avenue from Brookhurst Street to Bushard Street DISCUSSION:
On April 28, 2017, the Governor signed into law Senate Bill 1 (SB-1), the Road Repair and Accountability Act of 2017. This act establishes the Roadway Maintenance and Rehabilitation Account (RMRA) and provides for an additional $54 billion statewide over the next decade to improve California’s pavement and transportation infrastructure. Funding is generated from an increase in gasoline and diesel fuel taxes, as well as an increase in vehicle registration fees and the initiation of a flat fee for electric vehicles. Below are the basic framework and timelines for the implementation of these new revenue sources:
November 2017
- Gasoline excise tax – 12 cents increase (30 cents total) - Diesel excise tax – 20 cent increase (36 cents total) - Diesel sales tax – 4 percent increase (5.75% total)
January 2018
- New “Transportation Improvement Fee” applied to vehicle registration fee based on value ($25 to $175 per vehicle)
Each year, the increased revenues statewide will provide funding for the following programs:
- Maintenance and Rehabilitation of State Highways - $1.5 billion - Maintenance and Repair of State Bridges and Culverts - $400 million - Maintenance and Rehabilitation of Local Streets and Roads - $1.5 billion
SB-1 FY2023-2024 Project Resolution
May 16, 2023
- Matching Funds for Self-Help Voter Initiative Transportation Tax Measures - $200 million
- Freeway Service Patrol to Assist Stranded Motorists on Freeways - $25 million - Transit Funding for Increased Service and Access - $750 million - Trade Corridor Enhancements for Freight Improvements in Trade Corridors - $300 million
- Solutions for Congested Corridor Enhancements - $250 million - Local Planning Grants for Transportation - $25 million - Transportation-Related Research at State Universities - $7 million - Workforce Training Programs - $5 million
Funding projections, which will vary due to changes in fuel consumption rates as well as the average cost of vehicles, are only available for the next two (2) years.
Funds can be used for projects that include road maintenance and rehabilitation, safety projects, complete street components (such as bike lanes and pedestrian facilities), and traffic control devices. For agencies whose pavement condition index (PCI) is less than 80, the focus of the funding is to be on improving pavement condition and eligible projects are limited to the above-listed categories. For agencies whose pavement condition index (PCI) is greater than 80, there are more eligible expenditure categories available that can include additional projects such as roadway capacity improvements.
The pavement Condition Index (PCI) is a metric common to all agencies throughout the State and is used to measure the pavement condition of each roadway and cumulatively for each agency. It is based upon a scale of 0-100 with 100 representing a brand new or recently rehabilitated street.
To receive funds, agencies must meet the eligible project expenditures commensurate with their PCI, as well as some additional financial commitment and reporting requirements, including:
Transparency – The City will be required to submit a list of projects annually to the California Transportation Commission (CTC) via the City’s Capital Improvement Program (CIP)>
Complete Streets – To the extent beneficial, cost-effective, practicable, and where feasible, projects should incorporate complete street elements that improve the quality of bicycle and pedestrian facilities and that improve safety for all users of transportation facilities.
Maintenance of Effort (MOE) – The City cannot use this funding to supplant historical funding from its General Fund and must maintain the average General Fund expenditures for transportation-related projects.
Potential Uses
The City’s Pavement Management Program (PMP) identifies the investment necessary to maintain or improve the City’s PCI. The current PCI is 85.7. While this is a relatively strong PCI, approximately 25% of the City’s pavement network is a condition labeled as fair, poor, or
SB-1 FY2023-2024 Project Resolution
May 16, 2023
very poor. These conditions will only deteriorate over time. There is currently a backlog of approximately $24 million.
Residential Pavement Network – Due to the City’s investment in its residential pavement network over the last fourteen years, the PCI for the residential network is in the high 80s. The current PCI of the residential network is 86.4. Only a few quadrants have not received the additional new asphalt cap to restore the structural integrity of those streets. Due to the past economic challenges in the City from the 2007 recession, the residential program has fallen behind schedule. Because of that delay, the continued deterioration of the remaining residential roadways has led to increased repair costs and, thus, higher overall costs to complete these efforts.
Arterial Pavement Network – The City made a strong investment in its arterial highway pavement network. Because of this investment, the City of Fountain Valley has the best pavement condition in the County. The PCI of the arterial network increased from 82.8 to 84.5.
Previously, the City was able to benefit from an influx of Federal funds about every six to seven years. This provided a boost to the arterial paving condition. Recently, the City was able to take advantage of a Federal grant opportunity that provided for the funding of Harbor Boulevard and Edinger Avenue, from Brookhurst to Euclid. Without additional funding, the City’s Local Fair Share funds from Measure M are not adequate to keep pace with the arterial pavement network needs. Several arterial sections of pavement are showing advanced signs of distress as they have reached the end of the useful life of their previous pavement treatment. Upon conclusion of the additional funding proposed to be dedicated to the residential paving program over this next fiscal year to complete that work and play catch up on schedule, the additional funding that is made available through SB-1 is proposed to be dedicated to improving the City’s arterial pavement PCI.
FISCAL REVIEW:
The identified pavement rehabilitation project on Warner and Ellis has a total estimated cost of $3,000,000 in Fiscal Year 2023-24. This project has been included in the proposed FY 2023- 24 Capital Improvement Projects plan that is being present along with the proposed budget.
The Warner and Ellis pavement project will be funded by a variety of sources available to the City. Below is a summary of the funding sources planned for this project.
Project SB1
General
Fund
Traffic
Imp.
Measure
M
Water
Fund
Sewer
Fund Total
Ellis & Warner -
Brookhurst to
Bushard
1,413,160 631,500 23,000 877,340 25,000 30,000 3,000,000 Funding projections for future SB1 revenues, which vary due to changes in fuel consumption rates as well as the average cost of vehicles, are only available for three (3) fiscal years.
Each year staff identifies and prioritizes the streets to maximize the PCI. Any unused funds are carried over for the following year’s project.
SB-1 FY2023-2024 Project Resolution
May 16, 2023
Below is a summary of SB 1 funding and SB 1 funded projects:
Fiscal Year Approx.
Funding
Amount
Projects
2017-2018 $332,290 First Year of SB 1/Partial Year
2018-2019 $1,043,810 Euclid Street and Residential Road Rehabilitation 2019-2020 $1,043,705 Residential Streets City Quad H3, J1, and J2 2020-2021 $1,069,977 Residential Streets City Quad D7, E1, and F1 2021-2022 $1,107,246 Euclid Street from Edinger Avenue to Warner Avenue 2022-2023 $1,260,842 Heil Avenue from Euclid Street to Harbor Boulevard and Ward Street from Edinger Avenue to Northern City Limits and Residential Roadway Rehabilitation Project in City
Quadrant D3
2023-2024
(Proposed)
$1,413,157 Warner Avenue from Brookhurst Street to Bushard Street and Ellis Avenue from Brookhurst Street to Bushard
Street
It should be noted that the City cannot use this funding to supplant historical funding from its “General Fund” and must maintain the average expenditures for transportation-related projects.
PUBLIC NOTIFICATION:
Not applicable.
ENVIRONMENTAL IMPACT REVIEW:
Not applicable.
ATTORNEY REVIEW:
The Attorney for the City has reviewed and approved the Resolution.
ALTERNATIVES:
Alternative No. 1: Adopt a Resolution approving the Fiscal Year 2023/2024 Project List for SB-1 funds for $1,413,157 for the Arterial Rehabilitation and Resurfacing of Warner Avenue and Ellis Avenue (from Brookhurst Street to Bushard Street) (Project No. 2422321008 Warner Avenue from Brookhurst Street to Bushard Street and Project No. 2422321009 Ellis Avenue from Brookhurst Street to Bushard Street). This is the recommended action.
Alternative No. 2: Adopt a Resolution approving the Fiscal Year 2023/2024 Project List for SB-1 funds in the amount of $1.41 million toward a different project type.
This is not recommended. Applying these funds to projects within the
SB-1 FY2023-2024 Project Resolution
May 16, 2023
other eligible categories does not address the ongoing pavement rehabilitation needs going forward. It is important to continue the City’s long-term commitment to funding roadway maintenance to ensure that the City maintains its high-quality roadway infrastructure consistent with the City’s Pavement Management Plan.
RECOMMENDATION:
Staff recommends that the City Council approve Alternative No. 1, which is to adopt a Resolution approving the Fiscal Year 2023/2024 Project List for SB-1 funds for $1,413,157 for the Arterial Rehabilitation and Resurfacing of Warner Avenue and Ellis Avenue (from Brookhurst Street to Bushard Street) (Project No. 2422321008 Warner Avenue from Brookhurst Street to Bushard Street and Project No. 2422321009 Ellis Avenue from Brookhurst Street to Bushard Street).
Prepared by: Terri Phan, Management Aide
Reviewed by: Temo Galvez, P.E., Deputy Public Works Director / City Engineer Approved by: Hye Jin Lee, P.E., Director of Public Works Fiscal Review by: Ryan Smith, Director of Finance/City Treasurer Approved by: Maggie Le, City Manager
Attachment 1: Resolution
RESOLUTION NO._______
RESOLUTION ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2023-2024 FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017
WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 to address the significant multi-modal transportation funding shortfalls statewide; and WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of our City of Fountain Valley are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and WHEREAS, the City of Fountain Valley must adopt by resolution a list of projects proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement; and WHEREAS, the City of Fountain Valley, will receive an estimated $1,413,157 in RMRA funding in Fiscal Year 2023-2024 from SB 1; and
WHEREAS, this is the seventh year in which the City of Fountain Valley is receiving SB 1 funding and will enable the City of Fountain Valley to continue essential road maintenance and rehabilitation projects, safety improvements, repairing and replacing aging bridges, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB 1; and WHEREAS, the City of Fountain Valley has undergone a robust public process to ensure public input into our community’s transportation priorities/the project list; and WHEREAS, the City of Fountain Valley used a Pavement Management System to develop the SB 1 project list to ensure revenues are being used on the most high-priority and cost-effective projects that also meet the communities priorities for transportation investment; and WHEREAS, the funding from SB 1 will help the City of Fountain Valley maintain and rehabilitate Warner Avenue from Brookhurst Street to Bushard Street and Ellis Avenue from Brookhurst Street to Bushard Street throughout the City of Fountain Valley this year and similar projects into the future; and WHEREAS, the 2020 California Statewide Local Streets and Roads Needs Assessment found that the City of Fountain Valley’s streets and roads are in a good condition and this revenue will help us increase the overall quality of our road system and over the next decade will bring our streets and roads into an excellent condition; and
WHEREAS, the SB 1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting-edge technology, materials and practices, will have significant positive co-benefits statewide. SB 1 funds provide the much-needed resources to maintain valuable roadway infrastructure that contributes to the quality of life for the City of Fountain Valley.
NOW, THEREFORE IT IS HEREBY RESOLVED, ORDERED AND FOUND by the City Council of the City of Fountain Valley, State of California, as follows:
1. The foregoing recitals are true and correct.
2. The following list of newly proposed projects will be funded in-part or solely with Fiscal Year 2023-2024 Road Maintenance and Rehabilitation Account revenues:
Project Title: Arterial Roadway Rehabilitation Project at Warner Avenue and Ellis Avenue from Brookhurst Street to Bushard Street
Project Description: The scope of work for the project includes the removal and reconstruction of deteriorated sections of roadway and placement of a rubber asphalt concrete overlay. The project will also include concrete improvements. These improvements will provide for a better ride quality and service life for Warner Avenue from Brookhurst Street to Bushard Street and for Ellis Avenue from Brookhurst Street to Bushard Street for ADA compliant pathways for pedestrians.
Project Location: Warner Avenue from Brookhurst Street to Bushard Street and Ellis Avenue from Brookhurst Street to Bushard Street
Estimated Project Schedule: Start (09/23)– Completion (11/23) based on the component being funded with RMRA funds
Estimated Project Useful Life: 10-15 years
PASSED AND ADOPTED by the City Council of the City of Fountain Valley, State of California this 16th day of May, 2023, by the following vote:
Ayes:
Nays:
Absent:
Abstain:
ATTEST:
_________________________ _________________________
Rick Miller, City Clerk Kim Constantine, Mayor
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
HARPER & BURNS LLP
_________________________ _________________________
Attorneys for the City Director of Public Works
City of Fountain Valley
CITY OF FOUNTAIN VALLEY
CITY COUNCIL
COUNCIL ACTION REQUEST
To: Honorable Mayor and Agenda Date: May 16, 2023
Members of the City Council
SUBJECT: Adopt a Seven-Year Transportation Capital Improvement Program (CIP) for the Annual Measure M (M2) Eligibility Program Submittal for Fiscal Years 2023-2024 through 2029-2030.
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:
Each year, Orange County cities are required to submit various items to the Orange County Transportation Authority (OCTA) to establish and maintain eligibility to receive Measure M (M2) funds. As part of OCTA’s renewed Measure M2 funding eligibility package for FY 2023-2024, it is a requirement that local agencies adopt a Seven-Year CIP and submit the adoption as part of the annual Measure M Eligibility package.
The attached Seven-Year CIP is consistent with the City’s 10-Year CIP and includes all foreseeable transportation projects, which will involve Measure M funding for Fiscal Years 2023-2024 through 2029-2030.
Staff recommend that the City Council adopt a 7-Year Transportation Capital Improvement Program (CIP) for the Annual Measure M (M2) Eligibility Program submittal for Fiscal Years 2023-2024 through 2029-2030.
DISCUSSION:
Each year, Orange County cities are required to submit various items to the Orange County Transportation Authority (OCTA) to establish and maintain eligibility to receive Measure M (M2) funds.
This year, as part of OCTA’s renewed Measure M2 funding eligibility package for FY 2023- 2024, the City of Fountain Valley is required to submit an Eligibility Checklist, as well as
Measure M (M2) Eligibility Seven-Year CIP Adoption FY 2023-2024 to 2029-2030 May 16, 2023
documentation related to the City’s 7-Year CIP, Circulation Element/MPAH Consistency (with Resolution), Congestion Management Plan (CMP) with CMP Checklist, Local Signal Synchronization Plan (with Resolution), Maintenance of Effort (MOE), Mitigation Fee Program (with Resolution), and General Plan Policies that accommodate transit and active transportation. In addition to these requirements, and as part of OCTA’s renewed Measure M2 funding eligibility package for FY 2023-2024, it is also a requirement that local agencies annually adopt a 7-Year CIP and submit the adoption as part of the annual Measure M Eligibility package.
The attached 7-Year CIP list is consistent with the City’s 10-Year CIP and includes all foreseeable transportation improvement projects which will involve Measure M funding for Fiscal Years 2023-2024 through 2029-2030. Projects included as part of the City’s FY 2023- 2024 submittal include the following:
Citywide Signal Retiming
Magnolia Traffic Signal Synchronization Program (TSSP) Project Citywide Coordination Timing Maintenance
Citywide Signal Communication Maintenance
Traffic Signal System Equipment Improvements Citywide Citywide Arterial Roadway Rehabilitation Projects
Magnolia – Edinger to Heil (Westminster Lead)
Ellis – Brookhurst to Bushard & Warner – Brookhurst to Bushard Street Arterial Roadway Rehabilitation Project
Edinger – Euclid to Harbor Arterial Roadway Rehabilitation Project Euclid/Condor & Talbert/Bushard Signal Modifications
Edinger Traffic Signal Synchronization Program (TSSP) Project Warner Traffic Signal Synchronization Program (TSSP) Project Talbert Traffic Signal Synchronization Program (TSSP) Project Euclid Signal Synchronization (La Habra) FUTURE
Slater Signal Traffic Signal Synchronization Program (TSSP) Project The submittal of the Seven-Year CIP does not commit the City to fund the listed projects.
However, for projects to be eligible to receive M2 funding, the City’s 7-Year CIP needs to be identified on the adopted 7-Year CIP list. Staff identified approximately $22.9 Million in funded and unfunded projects on the Seven-Year CIP over the next seven years.
FISCAL REVIEW:
The adoption of the 7-Year CIP has no direct fiscal impact but will help maintain the City’s eligibility for receipt of Measure M2 funds.
PUBLIC NOTIFICATION:
Not applicable.
ENVIRONMENTAL IMPACT REVIEW:
Not applicable.
Measure M (M2) Eligibility Seven-Year CIP Adoption FY 2023-2024 to 2029-2030 May 16, 2023
ATTORNEY REVIEW:
The Attorney for the City has reviewed and approved the attached Seven-Year CIP list.
ALTERNATIVES:
Alternative No. 1: Adopt a 7-Year Transportation Capital Improvement Program (CIP) for the Annual Measure M (M2) Eligibility Program submittal for Fiscal Years 2023-2024 through 2029- 2030.
Alternative No. 2: Do not adopt a 7-Year Transportation Capital Improvement Program (CIP) for the Annual Measure M (M2) Eligibility Program submittal for Fiscal Years 2023-2024 through 2029-2030. This is not recommended as it would make the City ineligible for Measure M2 funding.
RECOMMENDATION:
Staff recommends that the City Council adopt a Seven-Year Transportation Capital Improvement Program (CIP) for the Annual Measure M (M2) Eligibility Program submittal for Fiscal Years 2023-2024 through 2029-2030.
Prepared by: Terri Phan, Management Aide
Reviewed by: Temo Galvez, P.E., Deputy Public Works Director / City Engineer Approved by: Hye Jin Lee, P.E., Director of Public Works Fiscal review by: Ryan Smith, Finance Director/City Treasurer Approved by: Maggie Le, City Manager
Attachment 1: Fountain Valley Seven-Year CIP list for FY’s 2023-2024 through 2029-2030 Attachment 2: Resolution - Circulation Element/MPAH Consistency & Mitigation Fee Program Attachment 3: Resolution - Local Signal Synchronization Plan
CITY OF FOUNTAIN VALLEY
CITY COUNCIL
COUNCIL ACTION REQUEST
To: Honorable Mayor and Agenda Date: May 16, 2023
Members of the City Council
SUBJECT: OCACS Notice of Intent for Animal Care Services Totaling $617,828 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:
Orange County Animal Care Services (OCACS) currently provides animal care services to the City of Fountain Valley through a 10-year agreement (2016-2026). The FY 2023/2024 OCACS Notice of Intent for the City of Fountain Valley for $617,828 requires Council approval.
DISCUSSION:
In 2016, the City of Fountain Valley contracted with OCACS to provide animal care services.
OCACS currently provides the following services to the City of Fountain Valley:
Field services for animal control
Animal special care
Animal care shelter
Barking dog complaints
Each year OCACS provides the City with an estimate for the costs to provide animal services for the upcoming year. The actual cost is finalized by subtracting the total cost of services provided from the fee revenue that OCACS collected from citizens for the services OCACS provided. The FY 2023/2024 Notice of Intent is estimated at $617,828 for the City of Fountain Valley. Should the City exceed the NOI estimate, the County will invoice the City for the additional expenses.
For FY 2022/2023, the City of Fountain Valley had an estimated NOI of $532,360 and is on track not to exceed the projected NOI amount. For reference see the below table on the
OCACS Notice of Intent
May 16, 2023
OCACS NOI estimates in comparison to the actual City costs since the beginning of the contract.
Overall, the OCACS NOI budget has increased 18% over the FY 2022/2023 budget. The increase is represented by salaries/employee benefit costs increasing by $1.6 million and services/supplies seeing an 11.1% increase.
Additionally for the historical perspective on total costs, the OCACS contract provides for the City of Fountain Valley to share in the $35 million cost for the facility construction. The County of Orange originally contributed $5 million and the remaining $30 million was divided proportionally amongst the contract Cities of Anaheim, Brea, Cypress, Fullerton, Garden Grove, Huntington Beach, Laguna Hills, Lake Forest, Orange, Placentia, Rancho Santa Margarita, San Juan Capistrano, Stanton, Tustin, Villa Park, and Yorba Linda. The City of Fountain Valley share for construction contribution is $855,959. The City of Fountain Valley currently pays $88,000 annually for the cost of the facility construction and to date has paid $538,840. The $88,000 is allocated as a recurring cost under the Police Department budget and is not included in the annual NOI estimate.
In FY 2024/2025, OCACS has a facilities Capital Improvement Program (CIP) cost projection at approximately $573,000, which will be shared by all contract Cities and the County. The projects include the following:
Replacement and major repairs to kennel partitions, doors, fencing, and locks/handles Evaluation and repairs to asphalt surfaces
OCACS Notice of Intent
May 16, 2023
Cleaning of ducts connected to the HVAC systems
Installation of artificial turf
FISCAL REVIEW:
The draft FY 2023/24 budget includes sufficient funding for these services. It will be expensed to the General Fund Service Contracts account within the Police Department budget unit, 100.70.70800.53010. The City’s share of the facilities cost has also been included in the draft budget and will be expensed to the General Fund Miscellaneous Capital Outlay account within the Police Department budget unit, 100.70.97000.56002.
PUBLIC NOTIFICATION:
Public notification was made through the regular agenda process.
ATTORNEY REVIEW:
The Attorney for the City has reviewed the OCACS Animal Care Notice of Intent.
ALTERNATIVES:
Alternative No. 1: Approve the FY 2023/24 OCACS Notice of Intent for animal care services totaling $617,828.
Alternative No. 2: Do not approve the FY 2023/24 OCACS Notice of Intent for animal care services totaling $617,828.
RECOMMENDATION:
Staff is requesting City Council approval of Alternative No. 1 to approve the FY 2023/24 OCACS Notice of Intent for animal care services totaling $617,828.
Prepared by: Matthew Sheppard, Chief of Police
Fiscal Review: Ryan Smith, Finance Director
Approved by: Maggie Le, City Manager
Attachments:
OCACS Notice of Intent
OCACS City of Fountain Valley 2016 Participation Agreement