OocuSign Envelope ID: C4EBE6AB-016A-4AE8-B667-7C3B546E44CA staffing will be based on the level of funding provided by the Parties as d��p[ipE3d p�lovy:
7. Notwithstanding anything to the contrary stated in this Agreement, CITY shall have no obligation to provide a SRO to GGUSD. CITY hereby notifies GGUSD that FVPD is currently understaffed, and CITY must be permitted, and expressly reserves the right, to meet its own staffing needs before providing a SRO to GGUSD.
B. SRO deployment.
1. The SROs shall remain subject to the administration, supervision and control of the FVPD.
2. The SROs shall be subject to all personnel policies and practices of the FVPD except as such policies or practices may be modified by the terms and conditions of this Agreement.
3. The FVPD in its sole discretion, shall have the power and authority to hire, discharge, and discipline SROs.
4. Officers appointed to the SRO unit will go through a training and testing process to be selected into the unit. The testing process will include a review of the officer's experience, education, technical competence, performance record, as well as an oral interview. One member of the GGUSD appointed by the superintendent will participate with the command staff of the FVPD in rating officers during the testing process.
Recommendations for the SRO positions will be made to the Chief of Police who shall assign such officers. The FVPD Chief of Police will have ultimate decision and control over the deployment of SROs depending on the need for effective program deployment.
5. If a principal is dissatisfied with an SRO who has been assigned to that principal's school, then that principal may request that the FVPD Chief of Police assign a different officer as the SRO for that school.
C. Confidential Information. SROs may have access to confidential school and student records only to the extent permitted by law. Release of confidential information to SROs shall not be deemed a public disclosure and the information shall be kept confidential to the maximum extent permitted by law.
D. Independent Contractor. In the performance of all services and obligations under this Agreement, all Parties shall act as independent agents. The Parties, and each of their respective officers and employees, shall not be considered as an employee or agent of any other party to this Agreement.
School Resource Program Cooperative Agreement
1406489.1
DocuSign Envelope ID: C4EBE6AB-016A-4AE8-B667-7C3B546E44CA SECTION Ill: PAYMENT
.A· .GGP�.P .Y.ZilLP�Y fVPD le% pfJb� f0llY:PX!rde.o�d·o.Q§t(i.!:icllJQlllg.�nblJ�I �aJ�.r)' and benefits but excluding overtime associated with the SRO program, which shall be compensated at 100%, as set forth below) for one full-time FVPD officer under the SRO program.
8. GGUSD shall pay FVPD 100% of any overtime costs associated with the SRO program that is pre-approved by GGUSD for the term of this Agreement.
C. For FY 2024-2025 only, GGUSD will pay FVPD $152,335 per year and will be invoiced quarterly. Payment will be issued within 30 days of receiving notice that CITY intends to being providing SRO services pursuant to this Agreement. This amount is 76% of the fully-burdened cost of one full-time FVPD officer. GGUSD will also pay FVPD for any preapproved overtime costs during FY 2024-2025.
D. For subsequent fiscal years during the term of this Agreement, the Parties acknowledge that the fully-burdened cost of FVPD officers may increase and that GGUSD will pay FVPD 76% of the actual fully-burdened cost and 100% of any preapproved overtime costs associated with the SRO program.
E. GGUSD shall pay FVPD the full amount due under Subsection (A) of this Section Ill in full on or before August 1 of each fiscal year. FVPD shall invoice GGUSD on an on-going basis for the term of the Agreement for any preapproved overtime costs due under Subsection (8) of this Section Ill and GGUSD shall pay all such invoices to FVPD within 30 days of receipt of the invoice. GGUSD shall have the right to inspect all FVPD payroll documents associated with preapproved overtime pay under this Agreement.
SECTION IV: TERM
The term of this Agreement shall be from September 18, 2024 to September 17, 2027. The Parties may extend the Agreement by executing a written amendment prior to the expiration of the term.
SECTION V: TERMINATION
Either of the PARTIES may terminate this agreement for convenience upon giving one hundred eighty days' notice to the other.
SECTION VI: INDEMNIFICATION
Each party to this Agreement hereby assumes any and all risks for personal injury and property damage attributable to the negligent acts or omissions of that party and the officers, employees, and agents thereof. Each party warrants that it has adequate Worker's Compensation Insurance and liability insurance for its own employees. Each party agrees to indemnify and hold each of the other party harmless School Resource Program Cooperative Agreement
1406489.1
DocuSign Envelope ID: C4EBE6AB-016A-4AE8-B667-7C3B546E44CA from any obligations, costs, claims, judgments, attorney fees, and/or attachments in ·any way connected with the party's own acts or omissions and that of their respective officers aiidemployees ...
SECTION VII: DISPUTES
The Parties appoint their respective City Manager and Superintendent as "Contract Administrators" who shall be available for contract resolution or policy intervention when a situation exists under this Agreement in which a decision to serve the interests of CITY conflicts or has the potential to conflict with GGUSD' interests or policies. Within three days of making such a determination that an actual or potential conflict exists, the Contract Administrators shall meet and confer with each other. Any dispute concerning a question of fact arising under the terms of this Agreement that is not resolved within ten days of the Administrators' meet and confer will be subject to arbitration before a mutually agreed to arbitrator. Each party shall bear the cost of arbitration divided between the PARTIES equally. If arbitration fails to resolve said dispute or any portion thereof, the venue for litigation as to that dispute will be the County of Orange.
SECTION VIII: DELIVERY OF NOTICES
Any notices to be served pursuant to this Agreement shall be considered delivered when confirmed received by electronic mail, or within 72 hours of it having been deposited in the United States mail and addressed to:
CITY OF FOUNTAIN VALLEY
Attn.: City Manager
10200 Slater Ave.
Fountain Valley, CA
92688
GGUSD
Attn.: Superintendent
10331 Stanford Avenue
Garden Grove, CA 92840
Provisions of this section do not preclude any notices being delivered in person to the addresses shown above. Delivery in person shall constitute service hereunder, effective when such service is made.
SECTION IX: BUDGET CONTINGENCY
It is mutually agreed that if each party to this Agreement does not appropriate sufficient funds in the current fiscal year or any subsequent year covered under this Agreement, this agreement shall be of no further force and effect. In this event, no party shall have any liability to perform any provisions of this Agreement except that the PARTIES shall remain responsible for payment for services rendered.
School Resource Program Cooperative Agreement
1406489.1
DocuSign Envelope ID: C4EBE6AB-016A-4AE8-B667-7C38546E44CA SECTION X: NO THIRD-PARTY BENEFICIARY
, N,e>!hln9 ,�<:mt�in�g 1rithi�A9t��111eJ1ti§"ir:i!�tic;t�c:t Jq QC>f'.lf�L tiQ(sh�IIJhi$ Agf§�Jn,Ei[!t be construed as conferring, any rights, including, without limitation, any rights as thirdparty beneficiary or otherwise, upon any entity or person not a party hereto.
SECTION XI: ENTIRE CONTRACT
This Agreement contains the whole contract between the parties for the provision of SRO services. It may be amended or modified upon the mutual written consent of the parties hereto.
SECTION XII: COUNTERPARTS
This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument.
[SIGNATURE PAGE FOLLOWS]
School Resource Program Cooperative Agreement
1406489.1
Gabriela Mafi, Superintendent
CITY OF FOUNTAIN VALLEY
CITY COUNCIL
COUNCIL ACTION REQUEST
To: Honorable Mayor and Agenda Date: September 17, 2024 Members of the City Council
SUBJECT: First Reading and Introduction of an Ordinance to (1) Amend Fountain Valley Municipal Code 10.64.010 to establish regulations related to electrical bicycles and include definitions of E-bikes and similar conveyances; (2) Implement training and educational programs for E-bikes; (3) Amend Fountain Valley Municipal Code to include regulations for E-bikes in parks
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:
The use of electric bicycles (E-bikes) has significantly increased in our community. These bikes are used by adults and children of nearly all ages on various terrains, including parks, bike lanes, parking lots, and streets. However, riders, especially minors, often lack the necessary training, testing, and licensing that adults undergo. Consequently, they are not adequately educated on the rules of the road or the potential dangers involved. E-bikes often travel at speeds up to 28 miles per hour, with some modified versions reaching speeds close to 60 miles per hour. Due to the state level's lack of regulation and oversight, E-bikes have become a nuisance to drivers and pose a danger to both themselves and other vehicles. This has led to increased collisions and personal injuries, causing significant traffic disruptions.
To mitigate these issues, Staff recommends that the City enact a Municipal Code that enables the Police Department to enforce specific rules of the road for E-bike riders who operate in an unsafe manner.
E-Bike Municipal Code
September 17, 2024
DISCUSSION:
In recent years, E-bikes have surged in popularity, particularly among young children and teenagers in Fountain Valley. This growing trend has led to a significant increase in calls to the Fountain Valley Police Department concerning the unsafe operation of E-bikes on City streets and in parks. Additionally, the City has seen a rise in E-bike-related injuries. The absence of a clear Municipal Code governing E-bike usage has created a pressing need for the City to establish comprehensive regulations to ensure the proper and safe operation of E-bikes.
Updating the bicycle Municipal Code to include specific provisions for E-bikes is essential to mitigate the risks associated with their use. Furthermore, it is crucial to implement training and educational programs aimed at E-bike users, especially young riders, to promote awareness of safety practices and adherence to traffic laws. By taking these steps, Fountain Valley can enhance public safety, reduce accidents, and ensure that E-bike users are well-informed and responsible.
The proposed changes to the current Municipal Code include adding definitions for different types of electric bicycles, such as electric bikes, motor-driven cycles, mopeds, and motorized bicycles. Additionally, the update includes a section for unsafe riding. These enhancements will help ensure that the regulations are clear, enforceable, and in line with modern transportation needs.
The following are the changes recommended by Staff:
FVMC 10.64.010 Definitions:
"Electric bicycle" is a bicycle equipped with fully operable pedals and an electric motor of less than 750 watts as defined by California Vehicle Code Section 312.5(a). "Moped" or "motorized bicycle" is any two- or three-wheeled device having fully operative pedals for propulsion by human power, or having no pedals if powered solely by electrical energy, has an automatic transmission, and a motor which produces less than four gross brake horsepower and is capable of propelling the device at a maximum speed of not more than 30 miles per hour on level ground as defined by California Vehicle Code Section 406(a). "Motor-driven cycle" is a motorcycle with a motor that displaces less than 150cc per California Vehicle Code Section 405.
"Pocket bike" is a two-wheeled motorized device having a seat or saddle for the use of the rider that is not designed or manufactured for highway use. A pocket bike does not include an off-highway motorcycle, as defined in California Vehicle Code Section 436.
FVMC 10.64.065 Electrical Bicycle Operation.
(a) No person shall ride a conventional bicycle, electric bicycle, moped, motor-driven cycle, electric motorcycle, pocket bike, or any other electric conveyance not previously named in an
E-Bike Municipal Code
September 17, 2024
unsafe manner on any publicly owned property, including but not limited to a public roadway, highway, sidewalk, park; nor any private property open to the public. (1) "Unsafe manner" means any act or acts in violation of the Fountain Valley Municipal Code, California Vehicle Code, or other existing law. An "unsafe manner" can also be defined as operating the conveyance in such a way as to constitute a danger to the operator, a passenger, other motorists, other riders, or pedestrians in the area. (2) Examples of riding in an unsafe manner may include, but are not limited to, the following actions:
(A) Riding on a sidewalk without due caution for pedestrians. (B) Riding on a sidewalk, highway, bicycle path, or bicycle lane against the flow of traffic. (C) Not yielding to vehicles or pedestrians when required to by the California Vehicle Code. (D) Intentionally swerving or riding around stopped or slowed traffic. (E) Operating a conveyance in a manner it was not designed for, including carrying passengers when not designed for carrying passengers, or standing on the seat of the bicycle.
(F) Not obeying posted signs.
(G) A person under the age of 18 riding without a properly fitted and fastened helmet. (H) Intentionally lifting one or more wheels into the air while riding on a highway, sidewalk, bicycle lane, or bicycle path. It is not a violation of this section if one or more wheels loses contact with the ground briefly due to the condition of the road surface or other circumstances beyond the control of the rider.
(I) Riding on a bicycle path, bicycle lane, or sidewalk at a speed greater than is reasonable or prudent under the existing conditions, or at a speed which endangers the safety of persons or property.
By amending the existing bicycle Municipal Code, the City can create a safer environment for all road users, ensuring that the benefits of E-bikes are enjoyed responsibly and without compromising public safety.
FVMC 12.08.100 Electric Bicycle Regulations in Parks Ordinance The increasing popularity of E-bikes has raised safety concerns in City parks due to their speed, which can create hazardous conditions for pedestrians and other park users. To address these safety concerns, it is proposed to amend Section 12.08.100 of the Fountain Valley Municipal Code to include E-bikes in the list of prohibited vehicles in City parks.
E-Bike Municipal Code
September 17, 2024
PUBLIC NOTIFICATION:
Public notification was provided in accordance with the standard agenda process and all legal requirements, including publication in the Orange County Register.
ATTORNEY REVIEW:
The Attorney for the City has reviewed and concurs with the recommended action.
ALTERNATIVES:
Alternative No. 1: 1) Amend Fountain Valley Municipal Code 10.64.010 to establish regulations related to Electrical bicycles and include definitions of E-bikes and similar conveyances; (2) Implement training and educational programs for E-bikes; (3) Amend Fountain Valley Municipal Code to include regulations for E-bikes in parks.
Alternative No. 2: 1) Do not amend Fountain Valley Municipal Code 10.64.010 to establish regulations related to Electrical bicycles and include definitions of E-bikes and similar conveyances; (2) Implement training and educational programs for E-bikes; (3) Amend Fountain Valley Municipal Code to include regulations for E-bikes in parks.
RECOMMENDATION:
Staff recommends Alternative No. 1: Conduct the First Reading and Introduction of an ordinance Amending Fountain Valley Municipal Code 10.64.010 to establish regulations related to electrical bicycles and include definitions of E-bikes and similar conveyances; (2) Implement training and educational programs for E-bikes; (3) Amend Fountain Valley Municipal Code to include regulations for E-bikes in parks.
Prepared by: Brian Mosher, Police Sergeant
Approved by: Michael Ishii, Interim Police Chief
Attorney review by: Vanessa Lassooy, Attorney for the City Approved by: Maggie Le, City Manager
E-Bike Municipal Code
September 17, 2024
Attachments:
1. Ordinance amending Fountain Valley Municipal Code 10.64.010 to establish regulations related to Electrical bicycles and include definitions of E-bikes and similar conveyances and Ordinance amending Fountain Valley Municipal Code Section 12.08.100 to include E-bike regulations in parks.
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
FOUNTAIN VALLEY AMENDING SECTION 10.64.010 OF
THE FOUNTAIN VALLEY MUNICIPAL CODE TO INCLUDE
DEFINITIONS OF E-BIKES AND SIMILAR
CONVEYANCES, ADDING SECTION 10.64.065
REGARDING E-BIKE AND SIMILAR CONVEYANCE
OPERATION AND SAFETY REGULATIONS, AND
AMENDING SECTION 12.08.100 TO INCLUDE E-BIKES IN
THE PARKS BAN
WHEREAS, City Council of the City of Fountain Valley recognizes the need to ensure safety and well-being of its residents and visitors; and WHEREAS, The use of e-bikes and similar conveyances have increased significantly, leading to concerns about safety, and orderly use on City Streets, sidewalks and in parks; and
WHEREAS, The Orange County Grand Jury in their report called “Friend or Foe” The impacts of e-bikes in Orange County” addressed the growing safety concerns associated with e-bikes and recommends that Orange County Cities adopt regulations to manage their operation; and
WHEREAS, City Council desires to establish clear definitions of e-bikes and similar conveyances; and
WHEREAS, City Council recognizes the need to establish safety regulations for ebikes and similar conveyances; and WHEREAS, City Council desires to amend Section 12.08.100 of the Fountain Valley Municipal Code to include e-bikes in the list of prohibited vehicles in park; and NOW, THEREFORE, City Council of the City of Fountain Valley does hereby ORDAIN as follows:
Amendment to section 10.64.010: Section 10.64.010 of the Fountain Valley Municipal Code is hereby amended as follows:
As used in this chapter, the following terms and words shall have the following meanings:
“Bicycle” means and includes any device upon which a person may ride, which is propelled by human power through a system of belts, chains or gears and which has wheels at least twenty inches in diameter and a frame size of at least fourteen inches.
“Electric bicycle” is a bicycle is a bicycle equipped with fully operable pedals and an electric motor of less than 750 watts as defined by California Vehicle Code Section 312.5(a).
"Moped" or "motorized bicycle" is any two- or three-wheeled device having fully operative pedals for propulsion by human power, or having no pedals if powered solely by electrical energy, has an automatic transmission, and a motor which produces less than four gross brake horsepower and can propel the device at a maximum speed of not more than 30 miles per hour on level ground as defined by California Vehicle Code Section 406(a)
"Motor driven cycle" is a motorcycle with a motor that displaces less than 150cc per California Vehicle Code Section 405. "Pocket bike" is a two-wheeled motorized device having a seat or saddle or the use of the rider that is not designed or manufactured for highway use. A pocket bike does not include an off-highway motorcycle, as defined in California Vehicle Code Section 436. “Bicycle license receipt” means and includes that ownership card issued by the licensing agency or agent of the city upon receipt of the designated license fee.
“Bicycle plate” means and includes the license tag or decal designated by the state, in accordance with Section 39001 of the California Vehicle Code, to be permanently affixed to the bicycle and which bears a unique number permanently assigned to that bicycle by the state. “Licensing agency or agent” means and includes that party or parties designated by the city council as the official licensing agency or agent for bicycles in the city. For purposes of this chapter, the police department shall be deemed the licensing agency. The Chief of Police shall be given the authority to recommend for appointment by the City Council any person or persons to assist the licensing agency in the capacity of bicycle licensing agents. The licensing agency or agent shall license bicycles for persons residing in the City only. All other bicycle license applicants shall be referred to their respective city or jurisdiction of residency.
Addition of Section 10.64.065: Section 10.64.065 of the Fountain Valley Municipal Code hereby reads:
(a) No person shall ride a conventional bicycle, electric bicycle, moped, motor-driven cycle, electric motorcycle, pocket bike, or any other electric conveyance not previously named in an unsafe manner on any publicly owned property, including but not limited to
a public roadway, highway, sidewalk, park; nor any private property open to the public.
(1) "Unsafe manner" means any act or acts in violation of the Fountain Valley Municipal Code, California Vehicle Code, or other existing law. An "unsafe manner" can also be defined as operating the conveyance in such a way as to constitute a danger to the operator, a passenger, other motorists, other riders, or pedestrians in the area.
(2) Examples of riding in an unsafe manner may include, but are not limited to, the following actions:
(A) Riding on a sidewalk without due caution for pedestrians. (B) Riding on a sidewalk, highway, bicycle path, or bicycle lane against the flow of traffic.
(C) Not yielding to vehicles or pedestrians when required to by the California Vehicle Code.
(D) Intentionally swerving or riding around stopped or slowed traffic.
(E) Operating a conveyance in a manner it was not designed for, including carrying passengers when not designed for carrying passengers, or standing on the seat of the
bicycle.
(F) Not obeying posted signs.
(G) A person under the age of 18 riding without a properly fitted and fastened helmet.
(H) Intentionally lifting one or more wheels into the air while riding on a highway, sidewalk, bicycle lane, or bicycle path. It is not a violation of this section if one or more wheels loses contact with the ground briefly due to the condition of the road surface or other circumstances
beyond the control of the rider.
(I) Riding on a bicycle path, bicycle lane, or sidewalk at a speed greater than is reasonable or prudent under the
existing conditions, or at a speed which endangers the
safety of persons or property.
Amendment to Section 12.08.100. Section 12.08.100 of the Fountain Valley Municipal Code is hereby amended as follows:
(a) No person shall operate, drive, or ride any automobile, truck, motorcycle, motor scooter, motorized bicycle, go-cart, electric
bicycle, moped, motor-driven cycle, pocket bike, or any other motorized or electric conveyance, or any other vehicle at any time in any park except in designated areas. The provisions of this section shall not apply to city vehicles nor to authorized commercial delivery vehicles. No person shall ride or use a bicycle, skateboard or roller skates upon any tennis, handball, basketball, shuffleboard or multipurpose court.
(b) No person shall park or leave standing and unattended any vehicle in any of the following locations:
(1) Any area other than those designated for parking;
(2) Over the lines of a parking stall so that the vehicle is in more than one stall or not completely within one parking stall; (3) Overhanging a designated parking stall into any park space or pedestrian walkways or paths; and
(4) Undesignated or permit parking only locations without written permission by the community services director
(c) No person may leave a vehicle parked in any park between ten p.m. and six a.m. of the following day unless that person is attending an authorized activity. Vehicles left unattended between those hours or in undesignated areas may be towed away and stored by the city and the removal and storage costs shall be charged to and paid by the owner prior to release. The public works director, the city engineer, or their designee is directed to post the appropriate signs in accordance with the California Vehicle Code.
EFFECTIVE DATE: This Ordinance shall take effect and be in full force 30 days from and after the date of its final passage and adoption, in accordance with California Government Code Section 36937.
PASSED, APPROVED, AND ADOPTED this ____day of ________ 2024 by the City Council of the City of Fountain Valley pursuant to the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_______________________________
Mayor
ATTEST:
_________________________
City Clerk
APPROVED AS TO FORM:
HARPER & BURNS LLP
_____________________________
Attorney for the City
CITY OF FOUNTAIN VALLEY
CITY COUNCIL
COUNCIL ACTION REQUEST
To: Honorable Mayor and Agenda Date: September 17, 2024 Members of the City Council
SUBJECT: Approve a Second Amendment to the City Manager’s Employment Agreement to Provide Additional Compensation and Benefits Following a Positive Performance Review
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:
During its recent Council Meetings, the City Council reviewed the performance of the City Manager and, following a successful review, determined to increase the City Manager’s compensation and benefits. Provided for Council consideration is a Second Amendment to the City Manager’s Employment Agreement implementing the same.
DISCUSSION:
The City Manager’s Employment Agreement provides for periodic performance reviews and negotiation of compensation and benefits. The City Council recently conducted a performance review and, following a positive review of the City Manager’s performance, determined to provide increases to the City Manager’s compensation and benefits.
Specifically, the City Council agreed to offer the following increases:
1. EMPLOYEE shall receive a COLA increase of 4% annually from July 1, 2024 to June 30, 2027.
2. Personal fitness equipment and body scans shall qualify for reimbursement under wellness/fitness reimbursement provisions.
Amendment to Employment Agreement
September 17, 2024
3. EMPLOYEE shall receive a 3% increase to base salary commencing July 1, 2024.
4. CITY shall increase its matching deferred compensation by $1,000 to a total of $6,000 annually ($500/month).
5. In no event may EMPLOYEE be terminated 90 days before or after any municipal election for the selection or recall of one or more of the members of the City Council.
FISCAL REVIEW:
The City Manager’s salary, as set by resolution effective July 1, 2023 is $264,600. Including the agreed to increases, the table below displays the City Manager salary, effective July 1 of each fiscal year.
FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27
4% COLA 3% Merit 4% COLA 4% COLA
City Manager
Salary
264,600
275,184
283,440
294,778
306,569
The City Manager’s current FY 2024-25 salary will be retroactively effective as of July 1st, 2024 and is $283,440.55.
City staff projected out and included a baseline City Manager salary increase in the FY 2024- 25 adopted budget. However, the current adopted budget is insufficient to cover all the increases and will require a budget amendment. The budget amendment appropriates a total of $11,000 in increased expenditures from the General Fund unreserved fund balance into the City Manager salary and benefit accounts as determined by the finance department.
Subsequent year costs for the City Manager COLA increases will be included in each individual fiscal year’s budget process.
PUBLIC NOTIFICATION:
This item was noticed in compliance with the Ralph M. Brown Act. Also, per the Brown Act, an oral report at a regular City Council meeting will precede Council’s consideration of the item.
ENVIRONMENTAL IMPACT REVIEW:
Not applicable.
Type Step 1 Step 2 Step 3 Step 4 Step 5
Annual $ 283,440.55
Monthly $ 23,620.0457
Bi-weekly $ 10,901.5596
Hourly $ 136.2695
Bargaining Effective Class Classification
City Manager 7/1/2024 CMG City Manager
Amendment to Employment Agreement
September 17, 2024
ATTORNEY REVIEW:
The Attorney for the City prepared the Second Amendment.
ALTERNATIVES:
Alternative No. 1:
Alternative No. 2:
RECOMMENDATION:
Approve a Second Amendment to the City Manager’s Employment Agreement to Provide Additional Compensation and Benefits Following a Positive Performance Review and approve the associated budget amendment
Do not approve the Amendment
Staff recommends that the City Council approve Alternative 1:
Approve a Second Amendment to the City Manager’s Employment Agreement to Provide Additional Compensation and Benefits Following a Positive Performance Review approve the associated budget amendment
Prepared by: Colin Burns, Attorney for the City
Fiscal review by: Ryan Smith, Finance Director
Attachments:
1. Second Amendment to City Manager’s Employment Agreement
AMENDMENT NO. 2 TO
EMPLOYMENT AGREEMENT
CITY MANAGER MAGGIE LE-NGUYEN
This SECOND AMENDMENT to the Employment Agreement – City Manager is made and entered into this 17th day of September, 2024, by and between the City of Fountain Valley, a municipal corporation (hereinafter “CITY”) and Maggie Le-Nguyen, an individual (hereinafter sometimes called “EMPLOYEE”).
Recitals
WHEREAS, CITY and EMPLOYEE previously entered into an Employment Agreement for City Manager effective June 11, 2022, (“AGREEMENT”); and WHEREAS, on March 7, 2023, CITY and EMPLOYEE entered into a FIRST AMENDMENT to the AGREEMENT, providing for increases to compensation and benefits; and WHEREAS, the AGREEMENT provides for periodic reviews of the performance of EMPLOYEE; and
WHEREAS, at its recent Council Meetings, the City Council reviewed the performance of EMPLOYEE and, following a successful review, desires to increase EMPLOYEE’s compensation and benefits.
NOW, THEREFORE, the parties hereto agree as follows:
1. EMPLOYEE shall receive a COLA increase of 4% annually from July 1, 2024 to June 30, 2027.
2. Personal fitness equipment and body scans shall qualify for reimbursement under wellness/fitness reimbursement provisions.
3. EMPLOYEE shall receive a 3% increase to base salary commencing July 1, 2024.
4. CITY shall increase its matching deferred compensation to $6,000 annually ($500/month).
5. In no event may EMPLOYEE be terminated 90 days before or after any municipal election for the selection or recall of one or more of the members of the City Council.
6. Except as provided in this SECOND AMENDMENT, all other terms and conditions of the AGREEMENT and FIRST AMENDMENT shall remain in effect.
In witness whereof, the parties hereto have entered into this SECOND AMENDMENT the date and year first above written.
ATTEST: CITY OF FOUNTAIN VALLEY
________________________________ ________________________________________ City Clerk Mayor
APPROVED AS TO FORM: EMPLOYEE
_______________________________ _______________________________________ Attorney for the City Maggie Le-Nguyen