3 Fountain Valley Municipal Code section 2.04.110 allows each person three minutes to address the Council. This three-minute limit does not apply to the applicant or other person/entity that is the direct subject of an agendized item.
The three-minute limit applies to each agendized item. Members of the public shall have three minutes to speak on each agendized item (with the exception of items that are not pulled from the consent calendar). A person commenting on an agendized item shall limit his or her remarks to that item.
Each member of the public shall also be permitted a total of three minutes to speak on unagendized matters during “Public Comment - Unagendized Matters.” A person commenting during “Public Comment - Unagendized Matters” shall limit his or her comments to unagendized matters.
This three-minute limit does not apply to the applicant or other person/entity that is the direct subject of an agendized item. Instead, the applicant or other person/entity that is the direct subject of an agendized item shall have 15 minutes to speak. Said 15 minutes shall include all consultants, agents, and employees of the applicant or other person/entity that is the direct subject of an agendized item. Persons wishing for additional time may request the same before the meeting by emailing the City Clerk and the City Clerk will forward the request to the parliamentarian for a determation. The City Clerk will notify the requesting party and any other applicant or person/entity that is the direct subject of an agendized item of the parliamentarian’s determination.
Consent Calendar
The Mayor shall review the consent calendar prior to publication of the agenda to ensure items on the consent calendar are non-controversial.
Only a Council Member has authority to pull an item from the consent calendar for discussion.
The order of business on the consent calendar proceeds as follows:
Parliamentarian calls the consent calendar.
Council Members identify item(s) they wish to pull from the consent calendar.
Parliamentarian asks the City Clerk if any member of the public wishes to speak on items that were not pulled from the consent calendar.
Persons wishing to speak on items that were not pulled from the consent calendar have a total of 3 minutes per person to comment on the non-pulled items.
Council Members have an opportunity to pull additional items from the consent calendar.
Council votes on the remaining (i.e., non-pulled) items on the consent calendar via one motion.
Council then moves on to discuss items that were pulled from the consent calendar.
City Council Policy
Parliamentary Procedures for City Council Meetings
4 Each item that was pulled from the consent calendar is considered individually.
Members of the public have 3 minutes to speak on each pulled item. The Council deliberates and votes on each pulled item individually.
Vice-Mayor
The Mayor Pro Tempore may be referred to as the Vice Mayor. Any reference to “Vice Mayor” shall refer to the “Mayor Pro Tempore.”
CITY COUNCIL POLICY
PARLIAMENTARY PROCEDURES
Adopted: April 17, 2018
Amended: June 5, 2018
Amended: November 21, 2023
ISSUE: PARLIAMENTARY PROCEDURES FOR CITY COUNCIL MEETINGS PURPOSE:
It is the policy of the City that City Council meetings are open, public, and conducted in compliance with state and federal law, and the municipal code. This policy is meant to ensure openness and provide clarity for the Council, staff, and the public on procedural matters at City Council meetings.
This policy is advisory. The parliamentarian may deviate from this policy for good cause.
Good cause means a lawful reason. Examples of good cause include complying with state or federal law or promoting efficiency. Matters that do not constitute good cause include disagreement with the speaker or the message.
MUNICIPAL CODE:
This policy is meant to supplement, and is subordinate to, the Fountain Valley Municipal Code, which contains the City’s codified rules for conducting public hearings.
ROLE OF THE MAYOR:
In addition to the rights and responsibilities of the Mayor set by statute or the Municipal Code, the Mayor also serves as the ceremonial head of the City. This Policy outlines the City’s vision of the role of the Mayor as ceremonial head of the City.
Awards and Proclamations: The Mayor should present awards and proclamations at City events and Council Meetings. The Mayor should also present a Mayor’s award to recognize exemplary employees.
Events: The Mayor should attend and represent the City in community events and functions, including:
City Events: Mayor’s Breakfast, Strategic Planning Sessions, opening of new City facilities, and employee or volunteer award lunches, etc.
Community Events: Miss Fountain Valley Pageant, Chamber of Commerce Events, Ribbon Cuttings, Eagle Scout Courts of Honor, etc.
City Council Policy
Parliamentary Procedures for City Council Meetings
2 Other Local, County, and Regional Activities: Special events or functions of a County or Special District, OCSD, OCTA, etc.
PARLIAMENTARY PROCEDURES:
Parliamentarian
The presiding officer (identified as the Mayor, or in the Mayor’s absence, Mayor Pro Tempore F.V.M.C. 2.04.020) shall act as parliamentarian.
Agenda
Meetings shall be agendized in compliance with the Ralph M. Brown Act (Gov. Code 54950 et seq.).
The City Manager has discretion to determine the order at which items are placed on the meeting agenda. The parliamentarian may change the order of items to be heard during the meeting for any reason.
Presentations
Any Council Member may make a presentation to any group or person. The Council Member may request the City Clerk add a presentation to the agenda at any time (subject to the Brown Act) without a second from another Council Member.
Public Requests to Speak
Persons wishing to speak shall fill out a speaker card and hand it to the City Clerk before Council consideration of the item.
Persons wishing to speak before the City Council must be physically present. Persons wishing to speak before the City Council may do so in person at the Council Meeting or virtually. The City makes no guarantee regarding connectivity or technology for remote speakers.
A person may submit written comments to the City Clerk before the meeting. The City Clerk will endeavor to provide the written comments to the Council prior to the meeting and make them available for public inspection. The City Clerk is not required to read written comments out loud during the meeting.
Speaker Time Limits
City Council Policy
Parliamentary Procedures for City Council Meetings
3 Fountain Valley Municipal Code section 2.04.110 allows each person three minutes to address the Council. This three-minute limit does not apply to the applicant or other person/entity that is the direct subject of an agendized item.
The three-minute limit applies to each agendized item. Members of the public shall have three minutes to speak on each agendized item (with the exception of items that are not pulled from the consent calendar). A person commenting on an agendized item shall limit his or her remarks to that item.
Each member of the public shall also be permitted a total of three minutes to speak on unagendized matters during “Public Comment - Unagendized Matters.” A person commenting during “Public Comment - Unagendized Matters” shall limit his or her comments to unagendized matters.
This three-minute limit does not apply to the applicant or other person/entity that is the direct subject of an agendized item. Instead, the applicant or other person/entity that is the direct subject of an agendized item shall have 15 minutes to speak. Said 15 minutes shall include all consultants, agents, and employees of the applicant or other person/entity that is the direct subject of an agendized item. Persons wishing for additional time may request the same before the meeting by emailing the City Clerk and the City Clerk will forward the request to the parliamentarian for a determation. The City Clerk will notify the requesting party and any other applicant or person/entity that is the direct subject of an agendized item of the parliamentarian’s determination.
Consent Calendar
The Mayor shall review the consent calendar prior to publication of the agenda to ensure items on the consent calendar are non-controversial.
Only a Council Member has authority to pull an item from the consent calendar for discussion.
The order of business on the consent calendar proceeds as follows:
Parliamentarian calls the consent calendar.
Council Members identify item(s) they wish to pull from the consent calendar.
Parliamentarian asks the City Clerk if any member of the public wishes to speak on items that were not pulled from the consent calendar.
Persons wishing to speak on items that were not pulled from the consent calendar have a total of 3 minutes per person to comment on the non-pulled items.
Council Members have an opportunity to pull additional items from the consent calendar.
Council votes on the remaining (i.e., non-pulled) items on the consent calendar via one motion.
Council then moves on to discuss items that were pulled from the consent calendar.
City Council Policy
Parliamentary Procedures for City Council Meetings
4 Each item that was pulled from the consent calendar is considered individually.
Members of the public have 3 minutes to speak on each pulled item. The Council deliberates and votes on each pulled item individually.
Vice-Mayor
The Mayor Pro Tempore may be referred to as the Vice Mayor. Any reference to “Vice Mayor” shall refer to the “Mayor Pro Tempore.”
CITY OF FOUNTAIN VALLEY
CITY COUNCIL
COUNCIL ACTION REQUEST
To: Honorable Mayor and Agenda Date: November 21, 2023
Members of the City Council
SUBJECT: Request for a CPI Increase to the Hourly Rates for Harper & Burns Legal Services Three-Year Strategic Goals
☐ Enhance the culture and environment of “A Nice Place to Live” ☐ Achieve fiscal stability by evaluating processes, and attract and retain revenue producing businesses/opportunities
☒ Attract and retain quality staff through best practices and trends ☐ Maintain, build, and modernize infrastructure to support growth and future needs of the City
☐ Not applicable
EXECUTIVE SUMMARY:
On September 7, 2021, the City entered into a new Three Year Agreement with Harper Burns for legal services to the City. Pursuant to that contract that the City Council Approved, Harper & Burns’s request for the City’s consideration a CPI adjustment based on a year-to-year comparison of prices on the Consumer Price Index.
DISCUSSION:
Any CPI adjustment requires approval of the City, subject to the City’s sole and absolute discretion.” Last year, the CPI index for Los Angeles, Long Beach, and Anaheim was used as a better measurement of CPI in Orange County. Pursuant to the CPI index for Los Angeles, Long Beach, and Anaheim, the cost of living increased year over year by 3.2%.
Harper & Burns costs have increased as well. Harper & Burns are requesting the City Council approve a CPI adjustment effective December 1, 2023 in the amount of 3.2%. A 3.2% increase results in the following:
Position Current Rate Adjusted Rate (3.2%
increase)
Partner $187.00 $193.00
Senior Attorney $171.00 $176.00
Associate $155.00 $160.00
Law Clerk $101.00 $104.00
Paralegal $101.00 $104.00
Harper & Burns CPI Increases Request
November 21, 2023
Even with these adjustments, Harper & Burns rates remain highly competitive.
FISCAL REVIEW:
The fiscal impact has been budgeted in Fiscal Year 2023-24 under 10010102-53000.
ATTORNEY REVIEW:
The Attorney for the City has not reviewed this item, as that would be a conflict of Interest.
Outside counsel, Michael Daudt of Woodruff Spradlin & Smart, has reviewed the attached amendment No.2.
ALTERNATIVES:
Alternative No. 1: Approve the CPI increase of 3.2% as requested by Harper & Burns, which will be effective as of December 1, 2023.
Alternative No. 2: Do not Approve the CPI increase of 3.2% as requested by Harper & Burns which will be effective as of December 1, 2023 and Direct staff to take an alternate action.
RECOMMENDATION:
Staff recommends that the City Council approve Alternative No. 1.
Prepared by: Rick Miller, City Clerk
Reviewed by: Ryan Smith, Finance Director
Approved by: Maggie Le, City manager
Attachment: AMENDMENT NO. 2 TO CON-21-45 CITY LEGAL SERVICES
CITY OF FOUNTAIN VALLEY
CITY COUNCIL
COUNCIL ACTION REQUEST
To: Honorable Mayor and Agenda Date: November 21, 2023
Members of the City Council
SUBJECT: Waive the bidding requirements pursuant to FVMC 2.36.070 Par 4 and authorize staff to issue three purchase orders totaling $225,611.46 to National Auto Fleet Group for the purchase of the following Public Works trucks through the existing cooperative contract with Sourcewell:
1. $73,754.20 for one (1) new/unused 2023 Ram 2500 Tradesman 4x2 Reg Cab 8’ Box, Royal Service Body Package 40V098 with extended warranty;
2. $78,103.06 for one (1) new/unused 2023 Ram 2500 Tradesman 4x2 Crew Cab 8’ Box, Royal Service Body Package 40V098 with extended warranty;
3. $73,754.20 for one (1) new/unused 2023 Ram 2500 Tradesman 4x2 Reg Cab 8’ Box, Royal Service Body Package 40V098 with extended warranty; and authorize staff to dispose of the existing vehicles by means that best meet the City’s needs.
Three-Year Strategic Goals
☐ Enhance the culture and environment of “A Nice Place to Live” ☐ Achieve fiscal stability by evaluating processes, and attract and retain revenue producing businesses/opportunities
☒ Attract and retain quality staff through best practices and trends ☒ Maintain, build, and modernize infrastructure to support growth and future needs of the City
☐ Not applicable
EXECUTIVE SUMMARY:
Staff is requesting that City Council waive the bidding requirements pursuant to FVMC
2.36.070 Par 4 and authorize staff to issue three purchase orders totaling $225,611.46 to National Auto Fleet Group for the purchase of the following Public Works trucks through the existing cooperative contract with Sourcewell:
1. $73,754.20 for one (1) new/unused 2023 Ram 2500 Tradesman 4x2 Reg Cab 8’ Box, Royal Service Body Package 40V098 with extended warranty;
Purchase of Three Ram 2500 Trucks
November 21, 2023
2. $78,103.06 for one (1) new/unused 2023 Ram 2500 Tradesman 4x2 Crew Cab 8’ Box, Royal Service Body Package 40V098 with extended warranty;
3. $73,754.20 for one (1) new/unused 2023 Ram 2500 Tradesman 4x2 Reg Cab 8’ Box, Royal Service Body Package 40V098 with extended warranty; and authorize staff to dispose of the existing vehicles by means that best meet the City’s needs.
There are 14 Public Works trucks scheduled for replacement in FY 2023/24. Production challenges and backlogs continue to make it extremely difficult to purchase trucks, especially Fords.
Fortunately, staff has been able to locate three 2023 Ram 2500 trucks that are currently available for immediate delivery which will meet the City’s needs. If approved, these trucks will replace three Public Works service trucks that have high mileage and have met or exceeded their expected life cycles, two of which are out of service.
DISCUSSION:
There are 14 Public Works trucks scheduled for replacement in FY 2023/24. Many of these trucks were scheduled for replacement previously, but the City was unable to procure the vehicles due to production challenges affecting vehicle manufacturers.
All of the existing Public Works service trucks were manufactured by Ford. The City has found Ford trucks to be reliable vehicles, and maintaining consistency within the fleet makes it easier to stock parts needed for repairs. Unfortunately, Ford’s production issues and backlog continue to limit the availability of trucks which has forced the City to delay the replacement of service trucks by several years. During this delay, the truck fleet has continued to age and is becoming increasingly unreliable. Given the importance of a reliable fleet to transport staff and necessary equipment/tools to where they are needed, Fleet Management staff has had to look at other manufacturers to find solutions to this ongoing problem.
With the assistance of National Auto Fleet Group, staff has been able to locate three 2023 Ram 2500 Tradesman 4x2 8’ Box Trucks with Royal Service Body Packages that will meet the City’s needs. One truck is a crew cab, and two are regular cabs. Each truck comes with an extended warranty. All of these vehicles are currently available for immediate delivery from National Auto Fleet Group and can be purchased through an existing cooperative contract with Sourcewell.
Based on the condition of the service trucks scheduled for replacement in FY 2023/24 and the needs of the City, staff is recommending that the City purchase the available vehicles to replace the following vehicles:
Unit #8645 – a 2006 Ford F-250 with 110,500 miles and internal engine problems that have taken it out of service. This vehicle is assigned to Government Buildings. Unit #8923 – a 2008 Ford F-250 with 90,615 miles. This vehicle has been taken out of service because it blew a head gasket and the engine overheats. It is assigned to Wastewater Management.
Purchase of Three Ram 2500 Trucks
November 21, 2023
Unit #8925 – a 2008 Ford F-250 with 138,500 miles, the highest mileage in the fleet.
This vehicle is assigned to Water Management.
All of the units proposed for replacement have met or exceeded their 15-year life cycle and meet the City’s criteria for replacement.
Staff has identified an existing cooperative contract through Sourcewell, formerly the National Joint Powers Alliance (NJPA), that can be used for the purchase of these vehicles. Sourcewell combines the buying power of 50,000 government, education, and nonprofit organizations through nationally, competitively solicited cooperative contracts. Cooperative purchasing is “Procurement conducted by, or on behalf of, one or more Public Procurement Units” as defined by the American Bar Association Model Procurement Code for State and Local Governments.
Sourcewell’s rigorous process streamlines the procurement process by developing Invitation for Bids and Request for Proposals for national, competitive solicitations that meet or exceed local requirements. Sourcewell issued a Request for Proposal (RFP) in July 2021 for the procurement of automobiles, SUVs, vans, and light trucks with related equipment and accessories. The RFP was publicly advertised. Thirteen proposals were received in September 2021 and were evaluated based on eight criteria with pricing being the most heavily weighted.
Based on that process, National Auto Fleet Group was the highest ranked and awarded a cooperative contract (Contract #091521-NAF) by Sourcewell. The City can utilize the cooperative contract with National Auto Fleet Group through Sourcewell to purchase the vehicles at a competitive price in compliance with the City’s purchasing policy.
Section 2.36.070 Par 4 of the Fountain Valley Municipal Code authorizes the procurement of goods and services without formal bidding under the following circumstance: “When participating in cooperative contracts with another government agency.” The total cost to purchase the three new/unused Ram 2500 Trucks (1 crew cab, 2 reg cab), with extended warranties, utilizing the existing cooperative contract with Sourcewell is $225,611.46.
Purchasing the three Ram 2500 trucks will support the City’s strategic goals of attracting and retaining quality staff and maintaining, building, and modernizing infrastructure to support the growth and future needs of the City. Providing staff with reliable service trucks helps them to do their jobs effectively and reduces frustration. Employees that have the equipment/tools they need to do their jobs well feel empowered by their employer and take more pride in the work they do. Properly equipped staff are able to better maintain the City’s infrastructure.
FISCAL REVIEW:
The FY 2023/24 budget allocates a total of $1,803,000 in the Fleet Management Fund – Public Works Department, ISF – Fleet Capital – PW Trucks/Vans account (112.50.50052.55545) for the purchase and outfitting of 14 trucks. A total of $300,000 has been specifically budgeted for the replacement of Units #8645, #8923 and #8925.
Therefore, there are sufficient funds to purchase the three requested replacement vehicles at a total cost of $225,611.46.
Purchase of Three Ram 2500 Trucks
November 21, 2023
Fleet Management Fund
Public Works Department
ISF – Fleet Capital – PW Trucks/Vans Account (112.50.50052.55545) Currently Available Amount - $1,803,000
FY 2023/24 Budget to Replace Identified Vehicles $ 300,000.00 Unit #8645 2006 Ford F-250 Service Truck – Government Bldgs. Unit #8923 2008 Ford F-250 Service Truck – Wastewater Mgmt. Unit #8925 2008 Ford F-250 Service Truck – Water Management $ 100,000.00
$ 100,000.00
$ 100,000.00
FY 2023/24 Cost to Purchase 3 Ram 2500 Trucks $ 225,611.46* 2023 Ram 2500 Tradesman 4x2 Reg Cab 8’ Box, Royal Service Body Package 40V098 with extended warranty – Qty. 1
2023 Ram 2500 Tradesman 4x2 Crew Cab 8’ Box, Royal Service Body Package 40V098 with extended warranty – Qty. 1
2023 Ram 2500 Tradesman 4x2 Reg Cab 8’ Box, Royal Service Body Package 40V098 with extended warranty – Qty. 1
$ 73,754.20*
$ 78,103.06*
$ 73,754.20*
*Includes sales tax and tire fees
The trucks that the City is unable to procure this fiscal year will be budgeted for replacement in FY 2024/25.
PUBLIC NOTIFICATION:
Not applicable.
ENVIRONMENTAL IMPACT REVIEW:
Not applicable.
ATTORNEY REVIEW:
This does not require the Attorneys for the City review or approval. This action will be issued on a City approved purchase order form that provides standard terms and conditions which have been approved by the Attorneys for the City.
ALTERNATIVES:
Alternative No. 1: Waive the bidding requirements pursuant to FVMC 2.36.070 Par 4 and authorize staff to issue three purchase orders totaling $225,611.46 to National Auto Fleet Group for the purchase of the following Public Works trucks through the existing cooperative contract with Sourcewell: 1. $73,754.20 for one (1) new/unused 2023 Ram 2500 Tradesman 4x2 Reg Cab 8’ Box, Royal Service Body Package 40V098 with extended warranty;
2. $78,103.06 for one (1) new/unused 2023 Ram 2500 Tradesman 4x2 Crew Cab 8’ Box, Royal Service Body Package 40V098 with extended warranty; 3. $73,754.20 for one (1) new/unused 2023 Ram 2500 Tradesman 4x2 Reg Cab 8’ Box, Royal Service Body Package 40V098 with extended warranty; and authorize staff to dispose of the existing vehicles by means that best meet the City’s needs. This is the recommended action.
Purchase of Three Ram 2500 Trucks
November 21, 2023
Alternative No. 2: Do not approve the proposal to purchase three 2023 Ram 2500 trucks through the cooperative contract and direct staff to obtain multiple quotes for the vehicles. This is not recommended as the cost under the cooperative contract is competitive and provides the best value to the City.
All Sourcewell contracts have been competitively solicited nationally and also save staff considerable time and effort over individual requests and specifications with various vendors to meet our procurement needs.
Alternative No. 3: Do not authorize the purchase of all three Ram 2500 trucks, and direct staff to order only specific trucks at this time. This is not recommended, as all of the vehicles identified should be replaced now due to their age and condition.
Alternative No. 4: Do not authorize the purchase of the Ram 2500 trucks at this time, and defer and direct staff to return at a future date with an update on the condition of the existing vehicles and the availability of Ford F-250 trucks.
This is not recommended, as these vehicles should be replaced now due to their age and condition.
RECOMMENDATION:
Staff is requesting City Council approval of Alternative No. 1 to waive the bidding requirements pursuant to FVMC 2.36.070 Par 4 and authorize staff to issue three purchase orders totaling $225,611.46 to National Auto Fleet Group for the purchase of the following Public Works trucks through the existing cooperative contract with Sourcewell: 1. $73,754.20 for one (1) new/unused 2023 Ram 2500 Tradesman 4x2 Reg Cab 8’ Box, Royal Service Body Package 40V098 with extended warranty; 2. $78,103.06 for one (1) new/unused 2023 Ram 2500 Tradesman 4x2 Crew Cab 8’ Box, Royal Service Body Package 40V098 with extended warranty; 3. $73,754.20 for one (1) new/unused 2023 Ram 2500 Tradesman 4x2 Reg Cab 8’ Box, Royal Service Body Package 40V098 with extended warranty; and authorize staff to dispose of the existing vehicles by means that best meet the City’s needs.
Prepared by: Christine Smith, Senior Management Analyst Reviewed by: Mark Sprague, Field Services Manager
Approved by: Scott Smith, Public Works Director
Fiscal review by: Ryan Smith, Finance Director
Approved by: Maggie Le, City Manager
Attachment:
1. Quote 1
2. Quote 2
3. Quote 3