City of Fountain Valley
Warner/Newhope Specific Plan
SECTION V – Implementation January 2025 - Page 59
Warner/Newhope Specific Plan
5.7.7 Specific Plans
• Per Chapter 21.46, Specific Plans, of the City of Fountain Valley Municipal Code.
5.7.8 Temporary Use Permits
• Per Chapter 21.48, Temporary Use Permits, of the City of Fountain Valley Municipal Code, except that temporary homes are prohibited.
5.7.9 Variances
• Per Chapter 21.50, Variances, of the City of Fountain Valley Municipal Code.
City of Fountain Valley
Warner/Newhope Specific Plan
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Appendices January 2025 - Page 61
Warner/Newhope Specific Plan
APPENDICES
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Appendix A – Glossary of Terms January 2025 - Page 1
Warner/Newhope Specific Plan
Per Chapter 21.90, Definitions/Glossary, of the City f Fountain Valley Municipal Code with the addition of the following definitions:
Intensity, Building: For residential uses, the actual number or the allowable range of dwelling units per net or gross acre. For nonresidential uses, the actual or the maximum permitted floor area ratios (FARs).
Land Use Classification: A system for classifying and
designating the appropriate use of properties. The land use classifications for the Warner/Newhope are defined in the Specific Plan itself.
Parking, Shared: A public or private parking area used jointly by two or more uses.
Planning Area: Specific zones or districts that contain explicit uses or groups of uses. Taken together, the twelve Planning Areas constitute the entire Warner/Newhope Specific Plan.
Qualified Residents: Residents who are eligible to qualify for affordable housing. Qualifying residents are classified as “Very Low,” those earning up to 50% of the County’s median income; “Low,” those earning between 50-80% of the County’s median income, and; “Moderate,” those earning between 80-120% of the County’s median income.
Right-of-Way: A strip of land occupied or intended to be occupied by certain transportation and public use facilities, such as roads, railroads, and utility lines.
Specific Plan: A tool authorized by Government Code §65450 et seq. for the systematic implementation of the general plan for a defined portion of a community. A specific plan must specify in detail the land uses, public and private facilities needed to support the land uses, phasing of development, standards for the conservation, development, and use of natural resources, and a APPENDIX A – GLOSSARY OF TERMS
City of Fountain Valley
Warner/Newhope Specific Plan
program of implementation measures, including financing measures.
Zoning: The division of a city or county by legislative regulations into areas, or zones, that specify allowable uses for real property and size restrictions for buildings within these areas; a program that implements policies of the General Plan.
City of Fountain Valley
Warner/Newhope Specific Plan
SECTION II – Introduction September 2004 - Page
3 Warner/Newhope Specific Plan
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Warner/Newhope Specific Plan
Appendix B – Parking Study January 2025 - Page 1
Warner/Newhope Specific Plan
APPENDIX B – PARKING STUDY
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Warner/Newhope Specific Plan
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Warner/Newhope Specific Plan
Appendix C – Mitigated Negative Declaration January 2025 - Page 1 Warner/Newhope Specific Plan
The following are provided Uunder a separate cover:.
- Mitigated Negative Declaration (September 21, 2004)
- General Plan EIR (November 21, 2023, State Clearinghouse #2022100563), with amendments determined to be consistent in accordance with CEQA Guidelines Section 15183 and California Public Resources Code section 21083.3.
APPENDIX C – MITIGATED NEGATIVE
DECLARATIONENVIRONMENTAL
City of Fountain Valley
Warner/Newhope Specific Plan
eptember 2004– January 2025 PlaceWorks
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Appendix D – Development Entitlement History January 2025 - Page 1 Warner/Newhope Specific Plan
The following presents the development entitlement history of development in the Specific Plan.
Event Action
Los Caballeros Sports Club established CUP 231
Plaza Del Lago established CUP 421
Los Caballeros restaurant, banquet facilities, and 44 unit sports motel (Phase 1) permitted
CUP 513
Office condominiums permitted CUP 555
Office condominiums in Plaza Del Lago permitted CUP 604 Entrance structure permitted CUP 630
Office/industrial building established CUP 642
84 units and 24 units (Phase 2) established CUP 650
Parking structure and gymnasium expansion permitted CUP 650R Tow office buildings established CUP 743
21 unit condominium (Phase 3) complex established CUP 791 Yardley Building established CUP 799
123 unit condominium complex on Warner (Phase 4)
established
CUP 857/TT
12836
Office and storage complex established CUP 1327
APPENDIX D – DEVELOPMENT
ENTITLEMENT HISTORY
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Warner/Newhope Specific Plan
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Warner/Newhope Specific Plan
Appendix E – Reciprocal Parking and Access Agreement January 2025 - Page 1 Warner/Newhope Specific Plan
APPENDIX E – RECIPROCAL PARKING
AND ACCESS AGREEMENT
City of Fountain Valley
Warner/Newhope Specific Plan
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Appendix F – Adopting City Council Ordinance January 2025 - Page 1 Warner/Newhope Specific Plan
APPENDIX F – ADOPTING CITY
COUNCIL ORDINANCE
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Appendix G – Non-Residential Intensity Analysis January 2025 - Page 1 Warner/Newhope Specific Plan
The following table provides a breakdown of the existing and permitted non-residential intensities in the Specific Plan. The maximum overall non-residential intensity for the Specific Plan, as expressed in Floor Area Ratio (FAR), is .52. The maximum FAR for each parcel is described by Planning Area and expresses existing conditions and the potential additional building area.
APPENDIX G – NON-RESIDENTIAL
INTENSITY ANALYSIS
Planning
Area Land Use
Parcel
Size
(acres) Sq Ft. of parcel
Sq. Ft. of
Existing
Buildings
Existing
FAR
Max FAR in
SP
Total Sq. Ft. of buildings
if Max FAR from SP
applied
Additional Square
Footage using Max FAR
from SP
A
Los Caballeros Sports
Club 13.202 575,079.12 190,389 0.33 0.50 287,539.56 97,150.56 C
Office (Plaza Del
Lago) 3.047 132,727.32 41,520 0.31 0.35 46,454.56 4,934.56 D
Manufacturing
(Yardley) 0.953 41,512.68 26,500 0.64 0.65 26,983.24 483.24 E Gym 0.444 19,340.64 16,439 0.85 0.85 16,439.54 0.54
F Office 0.821 35,762.76 14,000 0.39 0.40 14,305.10 305.10 G Storage/Office 0.358 15,594.48 12,000 0.77 0.80 12,475.58 475.58 H Vacant 1.175 51,183.00 25,000 0.49 0.50 25,591.50 591.50 I Manufacturing 1.213 52,838.28 19,800 0.37 0.40 21,135.31 1,335.31 J Public Storage 2.780 121,096.80 86,000 0.71 0.75 90,822.60 4,822.60 Totals 23.993 1,045,135.08 431,648 0.41 0.52 541,747.01 110,099.01 Non-Residential Intensity Analysis
Existing Conditions Permitted Buildout Conditions
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Warner/Newhope Specific Plan
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CITY OF FOUNTAIN VALLEY
CITY COUNCIL
COUNCIL ACTION REQUEST
To: Honorable Mayor and Agenda Date: January 21, 2025
Members of the City Council
SUBJECT: Adopt a Resolution of the City Council of the City of Fountain Valley Appointing Rodney Cox as Interim Police Chief and Authorizing a Retired Annuitant Contract.
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:
City Council to adopt a Resolution appointing Rodney Cox, and to approve a Retired Annuitant Agreement.
DISCUSSION:
The City currently has an active recruitment open to find a permanent replacement for the Police Chief role. The City Manager has a desire to maintain continuity in the Police Department, and appointing an interim Police Chief is necessary to fill a critically needed position until a permanent replacement is appointed. The term of the agreement is effective as of January 6, 2025. It shall remain and continue in effect until and including January 5, 2026, or until the successful hiring of a permanent Police Chief, whichever occurs first.
Chief Rodney Cox had a long career in law enforcement, finishing as the Chief of Police at the City of Cypress. Chief Rodney Cox has the necessary skills and experience to assist the department with the critical functions and responsibilities during the vacancy. The appointment will not exceed 960 hours within a fiscal year and will be compensated at Step 5 of the Police Chief salary range. The classification salary range is listed on the City’s Salary Schedule and made publicly available on the City’s website. The interim appointment is not eligible for any other forms of pay, benefits, or leave accruals while serving in a retired annuitant appointment.
Public Employees’ Pension Reform Act of 2013 (PEPRA, Assembly Bill 340), Senate Bill 1021 & Senate Bill 13 established new requirements for post-retirement employment of CalPERS retirees. Effective January 1, 2013, retirees can be hired into retired annuitant interim positions
Approve Resolution and Retired Annuitant Agreement
January 21, 2025
approved by the employer's governing body, as authorized by Government Code sections 7522.56 and 21221(h), during an active recruitment for a permanent replacement for the vacant position. Under Government Code section 7522.56(c), CalPERS allows for an exception to the 180-day wait period restriction:
(c) A person who retires from a public employer may serve without reinstatement from retirement or loss or interruption of benefits provided by the retirement system upon appointment by the appointing power of a public employer either during an emergency to prevent stoppage of public business or because the retired person has skills needed to perform work of limited duration.
The appointment of Rodney Cox as Interim Police Chief meets these requirements for hiring a Retired Annuitant during this vacancy. The City’s governing body must approve the appointment in a public meeting as an action item.
FISCAL REVIEW:
Funds allocated in the current Fiscal Year 2024-2025 budget include sufficient funding. The Fiscal Year 2024-2025 salary budget for the full-time Police Chief position can be applied to the Interim Police Chief until the position is permanently filled.
PUBLIC NOTIFICATION:
Not applicable.
ENVIRONMENTAL IMPACT REVIEW:
Not applicable.
ATTORNEY REVIEW:
Attorneys for the City have reviewed and approved this agreement as to form.
ALTERNATIVES:
Alternative No. 1:
Alternative No. 2:
RECOMMENDATION:
Adopt a Resolution appointing Rodney Cox as an Interim Police Chief and approving a Retired Annuitant Agreement.
Do not adopt a Resolution appointing Rodney Cox as an Interim Police Chief and do not approve a Retired Annuitant Agreement.
Staff requests City Council approval of Alternative No. 1 to Adopt a Resolution appointing Rodney Cox as an Interim Police Chief and approving a Retired Annuitant Agreement.
Prepared by: Vanessa Lassooy, Attorney for the City
Reviewed by: Colin Burns, Attorney for the City
Approve Resolution and Retired Annuitant Agreement
January 21, 2025
Fiscal review by: Ryan Smith, Finance Director
Approved by: Maggie Le, City Manager
Attachments:
1. Resolution
2. Contract
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOUNTAIN VALLEY
APPOINTING RETIRED ANNUITANT AS INTERIM POLICE CHIEF AND
APPROVING RETIRED ANNUITANT AGREEMENT
Gov. Code sections 7522.56 & 21221(h)
WHEREAS, Due to the retirement of the Police Chief of the City of Fountain Valley in July 2024, and the end of assignment for the current Interim Police Chief (Michael Ishii), the City Council requires the appointment of an Interim Police Chief, effective January 6, 2025; and
WHEREAS, the Fountain Valley City Council has determined that it is critically necessary to fill the vacancy on an interim basis to ensure continuity in leadership; and WHEREAS, the Fountain Valley City Council has determined that Rodney Cox is a Retired Annuitant with the expertise, experience, and qualifications required to fill the vacancy of Interim Police Chief; and
WHEREAS, the Fountain Valley City Council hereby appoints Rodney Cox as an interim appointment retired annuitant to the vacant position of Police Chief for the City of Fountain Valley under Government Code section 21221(h), effective January 6, 2025; and
WHEREAS, an appointment under Government Code section 21221(h) requires an active, publicly posted recruitment for a permanent replacement; and WHEREAS, the current status of this recruitment is open, active, and publicly posted; and
WHEREAS, this section 21221(h) appointment shall only be made once and, therefore, will end on January 5, 2026, or until a full-time replacement has been appointed; and
WHEREAS, the entire employment agreement, contract, or appointment document between Rodney Cox and the City of Fountain Valley has been reviewed by this body and is attached herein; and
WHEREAS, no matters, issues, terms, or conditions related to this employment and appointment have been or will be placed on a consent calendar; and WHEREAS, the employment shall be limited to 960 hours per fiscal year; and WHEREAS, the compensation paid to retirees cannot be less than the minimum nor exceed the maximum monthly base salary paid to other employees performing comparable duties, divided by 173.333 to equal the hourly rate; and
WHEREAS, the maximum monthly base salary for this position is $ 22,104.07 and the hourly equivalent is $127.5235 and the minimum monthly base salary for this position is $18,185.07 and the hourly equivalent is $104.9139; and WHEREAS, the hourly rate paid to Rodney Cox will be $127.5235; and WHEREAS, Rodney Cox has not and will not receive any other benefit, incentive, compensation in lieu of benefit or other form of compensation in addition to this hourly pay rate; and
THEREFORE, BE IT RESOLVED THAT the Fountain Valley City Council hereby:
1. Appoint Rodney Cox as Interim Police Chief, as described herein and detailed in the attached Retired Annuitant Agreement, and
2. Authorizes executing the attached Retired Annuitant Agreement between the City of Fountain Valley and Rodney Cox.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Fountain Valley, California, held on January 21, 2025, by the following vote:
AYES, Council Members:
NOES, Council Members:
ABSENT, Council Members:
ABSTAIN, Council Members:
_________________________________
Ted Bui, Mayor
ATTEST:
___________________________
Rick Miller, City Clerk
APPROVED AS TO FORM:
HARPER & BURNS LLP
______________________________________
Vanessa Lassooy, Attorneys for the City
CITY OF FOUNTAIN VALLEY
CITY COUNCIL
COUNCIL ACTION REQUEST
To: Honorable Mayor and Agenda Date: January 21, 2025
Members of the City Council
SUBJECT: Adopt a Resolution of the City Council of the City of Fountain Valley Appointing William McQuaid as Interim Fire Chief and Approving a 180-day Wait Period Exception Pursuant Government Code Section 21221(h) and Authorizing a Retired Annuitant Contract.
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:
City Council to adopt a Resolution appointing William McQuaid, to approve a 180-wait period exception and to approve a Retired Annuitant Agreement.
DISCUSSION:
The City currently has an active recruitment open to find a permanent replacement for the Fire Chief role. The City Manager has a desire to maintain continuity in the Fire Department, and appointing an interim Fire Chief is necessary to fill a critically needed position until a permanent replacement is appointed. The term of the agreement is effective as of January 01, 2025, and shall remain and continue in effect until and including December 31, 2025, or until the successful hiring of a permanent Fire Chief, whichever occurs first.
Chief McQuaid was employed by the City of Fountain Valley on April 8, 1996, and held the title of Fire Chief for the last two (2) years. Chief McQuaid has the necessary skills and experience to assist the department with the critical functions and responsibilities during the vacancy. The appointment will not exceed 960 hours within a fiscal year and will be compensated at Step 5 of the Fire Chief salary range. The classification salary range is listed on the City’s Salary Schedule and made publicly available on the City’s website. The interim appointment is not eligible for any other forms of pay, benefits, or leave accruals while serving in a retired annuitant appointment. However, Chief McQuaid may voluntarily participate in the City’s 401(a) Retirement Plan with the Retired Annuitant’s contributions only.
Approve Resolution and Retired Annuitant Agreement
January 21, 2025
Due to the Public Employees’ Pension Reform Act of 2013 (PEPRA, Assembly Bill 340), Senate Bill 1021 & Senate Bill 13 established new requirements for post-retirement employment of CalPERS retirees. Effective January 1, 2013, retirees can be hired into retired annuitant interim positions approved by the employer's governing body, as authorized by Government Code sections 7522.56 and 21221(h), during an active recruitment for a permanent replacement for the vacant position. Under Government Code section 7522.56(c), CalPERS allows for an exception to the 180-day wait period restriction:
(c) A person who retires from a public employer may serve without reinstatement from retirement or loss or interruption of benefits provided by the retirement system upon appointment by the appointing power of a public employer either during an emergency to prevent stoppage of public business or because the retired person has skills needed to perform work of limited duration.
The appointment must be approved by the City’s governing body in a public meeting as an action item.
FISCAL REVIEW:
Funds allocated in the current Fiscal Year 2024-2025 budget include sufficient funding. The salary budget for the Fiscal Year 2024-2025 for the full-time Fire Chief position can be applied to the Interim Fire Chief until the position is permanently filled.
PUBLIC NOTIFICATION:
Not applicable.
ENVIRONMENTAL IMPACT REVIEW:
Not applicable.
ATTORNEY REVIEW:
Attorneys for the City have reviewed and approved this agreement as to form.
ALTERNATIVES:
Alternative No. 1:
Alternative No. 2:
Adopt a Resolution appointing William McQuaid as an Interim Fire Chief, approving the 180-day wait period exception and approving a Retired Annuitant Agreement.
Do not adopt a Resolution appointing William McQuaid as an Interim Fire Chief, do not approve the 180-day wait period exception and do not approve a Retired Annuitant Agreement.
Approve Resolution and Retired Annuitant Agreement
January 21, 2025
RECOMMENDATION:
Staff is requesting City Council approval of Alternative No. 1 to Adopt a Resolution appointing William McQuaid as an Interim Fire Chief, approving the 180-day wait period exception and approving a Retired Annuitant Agreement.
Prepared by: Carrie Hanes, Human Resources Director
Reviewed by: Colin Burns, Attorney for the City
Fiscal review by: Ryan Smith, Finance Director
Approved by: Maggie Le, City Manager
Attachments:
1. Resolution
2. Agreement
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOUNTAIN VALLEY
APPOINTING RETIRED ANNUITANT AS INTERIM FIRE CHIEF AND APPROVING AN EXCEPTION TO THE 180-DAY WAIT PERIOD FOR HIRING A RETIRED
ANNUITANT, AND APPROVING THE RETIRED ANNUITANT AGREEMENT Gov. Code sections 7522.56 & 21221(h)
WHEREAS, in compliance with Government Code section 7522.56 the Fountain Valley City Council must provide CalPERS this certification resolution when hiring a retiree before 180 days have passed since his or her retirement date; and WHEREAS, William McQuaid will retire from the City of Fountain Valley in the position of Fire Chief, effective December 31, 2024; and WHEREAS, section 7522.56 requires that post-retirement employment commence no earlier than 180 days after the retirement date, which is June 30, 2025, without this certification resolution; and
WHEREAS, section 7522.56 provides that this exception to the 180-day wait period shall not apply if the retiree accepts any retirement-related incentive; and WHEREAS, the Fountain Valley City Council, the City of Fountain Valley, and William McQuaid certify that William McQuaid has not and will not receive a Golden Handshake or any other retirement-related incentive; and WHEREAS, the Fountain Valley City Council hereby appoints William McQuaid as an interim appointment retired annuitant to the vacant position of Fire Chief for the City of Fountain Valley under Government Code section 21221(h), effective January 1, 2025; and
WHEREAS, an appointment under Government Code section 21221(h) requires an active, publicly posted recruitment for a permanent replacement; and WHEREAS, the current status of this recruitment is open, active, and publicly posted; and
WHEREAS, this section 21221(h) appointment shall only be made once and therefore will end on December 31, 2025; and
WHEREAS, the entire employment agreement, contract or appointment document between William McQuaid and the City of Fountain Valley has been reviewed by this body and is attached herein; and
WHEREAS, no matters, issues, terms or conditions related to this employment and appointment have been or will be placed on a consent calendar; and WHEREAS, the employment shall be limited to 960 hours per fiscal year; and
WHEREAS, the compensation paid to retirees cannot be less than the minimum nor exceed the maximum monthly base salary paid to other employees performing comparable duties, divided by 173.333 to equal the hourly rate; and WHEREAS, the maximum base salary for this position is $ 21,541.21 and the hourly
equivalent is $124.2763 and the minimum base salary for this position is $17,722.01 and the hourly equivalent is $102.2424; and
WHEREAS, the hourly rate paid to William McQuaid will be $124.2763; and WHEREAS, William McQuaid has not and will not receive any other benefit, incentive, compensation in lieu of benefit or other form of compensation in addition to this hourly pay rate; and
THEREFORE, BE IT RESOLVED THAT the Fountain Valley City Council hereby:
1. Appoints William McQuaid as Interim Fire Chief, as described herein and detailed in the attached employment agreement; and
2. Approves an exception to the 180-day waiting period pursuant to Government Code Section 21221(h), finding that this appointment is necessary to fill the critically-needed position of Fire Chief for the City of Fountain Valley by January 1, 2025, until a permanent replacement is appointed; and
3. Authorizes the execution of the attached Retired Annuitant Agreement between the City of Fountain Valley and William McQuaid.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Fountain Valley, California, held on January 21, 2025 by the following vote:
AYES, Council Members:
NOES, Council Members:
ABSENT, Council Members:
ABSTAIN, Council Members:
_________________________________
Ted Bui, Mayor
ATTEST:
___________________________
Rick Miller, City Clerk
APPROVED AS TO FORM:
HARPER & BURNS LLP
______________________________________
Vanessa Lassooy, Attorneys for the City
1 CITY OF FOUNTAIN VALLEY
RETIRED ANNUITANT – INTERIM FIRE CHIEF
This Agreement (“AGREEMENT”) is made and entered into as of January 1, 2025, between the City of Fountain Valley, a municipal corporation, hereinafter referred to as “CITY” and William McQuaid, an individual, hereinafter referred to as “RETIRED ANNUITANT.” In consideration of the mutual promises and covenants contained herein, the parties hereto mutually agree as follows:
SECTION 1. RECITALS. This AGREEMENT is made and entered into with respect to the following facts:
a. The CITY is desirous of obtaining the services of a qualified person to provide services to temporarily staff the vacant Fire Chief position as Interim pursuant to Government Code 21221 (h); and
b. The City Council has determined that the public interest, convenience and necessity require execution of this AGREEMENT. c. The employment shall be limited to 960 hours per fiscal year. d. A Government Code 21221(h) appointment may only be made once with this agency.
e. The compensation to be paid RETIRED ANNUITANT cannot be less than the minimum, and may not exceed the maximum, monthly base salary paid to other employees performing comparable duties pursuant to a publicly posted pay schedule, divided by 173.33, to equal the hourly rate.
f. In compliance with Government Code 7522.56, the City Council may not retain a retired annuitant prior to 180 days from the date of the employee’s retirement unless an exception applies and has been approved by City Council. This Agreement is contingent upon City Council certifying the critical need for this exception. City Council is scheduled to approve this Resolution and Agreement at the City Council Meeting on January 21, 2025.
SECTION 2. SERVICES. RETIRED ANNUITANT shall serve as the CITY's Interim Fire Chief (hereafter “POSITION”) and provide all necessary functions of such position attendant thereto.
SECTION 3. PERFORMANCE. RETIRED ANNUITANT shall at all times faithfully, competently and to the best of his/her ability, experience, and talent perform all tasks described herein. RETIRED ANNUITANT shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of RETIRED ANNUITANT hereunder in meeting his obligations under this AGREEMENT.
2 SECTION 4. EXTRA SERVICES. No extra services shall be rendered by RETIRED ANNUITANT under this AGREEMENT unless such extra services have first been duly authorized in writing by the CITY.
SECTION 5. CITY SUPERVISION. The City Manager shall have the right of general supervision of all work performed by RETIRED ANNUITANT.
SECTION 6. PAYMENT. The CITY agrees to pay RETIRED ANNUITANT at the hourly rate of $124.2763 per hour, or Step 5 of the hourly rate of the Fire Chief as shown in CITY’s most recently adopted salary schedule, whichever is greater, which is within the salary range of the classification for Fire Chief, and RETIRED ANNUITANT will not receive any other benefit, incentive, or compensation in lieu of benefit, or other form of compensation in addition to the hourly pay rate.
SECTION 7. PARTICIPATION IN 401(a) PLAN WITH RETIRED
ANNUITANT’S FUNDS. RETIRED ANNUITANT agrees and acknowledges that he may voluntarily participate in the City’s 401(a) Retirement Plan with RETIRED ANNUITANT’s contributions only. CITY will not make any contributions to RETIRED ANNUITANT’s 401(a) Retirement Plan.
SECTION 8. SUSPENSION, TERMINATION, OR ABANDONMENT OF
AGREEMENT. CITY may, with or without cause, at any time, immediately suspend, terminate, or abandon this AGREEMENT, or any portion hereof, by service upon RETIRED ANNUITANT of written notice. Upon receipt or delivery of said notice, RETIRED ANNUITANT shall immediately cease all work under this AGREEMENT, unless the notice provides otherwise. RETIRED ANNUITANT may, with or without cause, at any time, suspend, terminate, or abandon this AGREEMENT, or any portion hereof, by service upon CITY of at least thirty (30) days prior written notice.
SECTION 9. TERM. This AGREEMENT is effective as of January 1, 2025 and shall remain and continue in effect until the successful hiring of a permanent Fire Chief, or earlier termination as provided for under this AGREEMENT, whichever occurs first.
SECTION 10. OWNERSHIP OF DOCUMENTS. Upon satisfactory completion of, or in the event of termination, suspension, or abandonment of, this AGREEMENT, all original documents, designs, drawings, notes, reports, documents, drives, floppy disks, diskettes or other materials prepared, developed or discovered by RETIRED ANNUITANT during the course of providing the services to be performed pursuant to this AGREEMENT shall become the sole property of the CITY and may be used, reused or otherwise disposed of by the CITY without the permission of the RETIRED ANNUITANT. Upon completion, expiration or termination of this AGREEMENT, RETIRED ANNUITANT shall turn over to the CITY all original documents, designs, drawings, notes, reports, documents, floppy disks, drives, diskettes or other materials prepared, developed or discovered by RETIRED ANNUITANT during providing the services to be performed pursuant to this AGREEMENT.
3 SECTION 11. RETIRED ANNUITANT. RETIRED ANNUITANT is hired in conformance with CalPERS regulations governing the use of retired annuitants.
RETIRED ANNUITANT has specialized skills to perform the duties of the POSITION.
No employee benefits shall be available to RETIRED ANNUITANT in connection with the performance of this AGREEMENT. Except for RETIRED ANNUITANT's hourly compensation as provided for in this AGREEMENT, CITY shall not pay salaries, wages, benefits or other compensation to RETIRED ANNUITANT for performing services hereunder.
SECTION 12. NOTICE. Whenever it is necessary for either party to serve written notice on the other regarding this AGREEMENT, such notice shall be served personally or may be furnished in writing by either party to the other, by the following means:
CITY: RETIRED ANNUITANT:
U.S. Mail Deliver by email:
City of Fountain Valley [email protected] 10200 Slater Avenue
Fountain Valley, CA 92708
Attn: City Clerk
Notice via U.S. Mail shall be deemed to have been served seventy-two (72) hours after the same has been deposited in the United States Postal Service or upon receipt, whichever occurs first. Notice by Electronic Mail shall be deemed to have been served at the time the email is sent. This shall be valid and sufficient service of notice for all purposes.
SECTION 12. CONFLICTS OF INTEREST. RETIRED ANNUITANT covenants that he or she has no interest, and shall not acquire any interest, directly or indirectly, which will conflict in any manner or degree with the performance of his or her services hereunder. RETIRED ANNUITANT further covenants that he/she has not contracted with nor is performing any services directly or indirectly with any developer(s) and/or property owner(s) and/or firm(s) and/or partnerships owning property in the CITY and further covenants and agrees that RETIRED ANNUITANT shall provide no services to or enter into any agreement or agreements with any developer(s) and/or property owner(s) and/or firm(s) doing business in the CITY prior to the completion of the work under this AGREEMENT without the express written consent of the City Council.
4 SECTION 13. ENTIRE AGREEMENT. This AGREEMENT contains the entire understanding between CITY and RETIRED ANNUITANT. Any prior agreements, promises, negotiations or representations not expressly set forth herein are of no force or effect. Subsequent modifications to this AGREEMENT shall be effective only if in writing and signed by all parties. If any term, condition, or covenant of this AGREEMENT is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions of this AGREEMENT shall be valid and binding.
SECTION 14. WAIVER. Waiver by any party hereto of any term, condition, or covenant of this AGREEMENT shall not constitute the waiver of any other term, condition, or covenant hereof.
SECTION 15. BINDING EFFECT. This AGREEMENT shall be binding upon the heirs, executors, administrators, successors and assigns of the parties hereto.
SECTION 16. LICENSED STATUS. RETIRED ANNUITANT shall, at all times during the term of this AGREEMENT, have in full force and effect all licenses required by law. CITY desires the personal services of RETIRED ANNUITANT and this AGREEMENT is not transferable or assignable.
SECTION 17. GOVERNING LAW. This AGREEMENT shall be interpreted and construed according to the laws of the State of California. In the event of litigation between the parties, venue in state trial courts shall lie exclusively in the County of Orange.
SECTION 18. UNEMPLOYMENT INSURANCE CERTIFICATION. Pursuant to Government Code section 7522.56, by signing this AGREEMENT, RETIRED ANNUITANT certifies that he or she has not received unemployment insurance payments from any public employer within 12 months prior to the effective date of this AGREEMENT.
5 IN WITNESS, WHEREOF, the parties hereto have caused this AGREEMENT to be executed the day and year first above written.
CITY OF FOUNTAIN VALLEY RETIRED ANNUITANT
___________________________ _________________________
Ted Bui, Mayor William McQuaid
ATTEST:
_____________________________
Rick Miller
City Clerk
Approved as to Form:
HARPER & BURNS LLP
__________________
Attorneys for the City
CITY OF FOUNTAIN VALLEY
CITY COUNCIL
COUNCIL ACTION REQUEST
To: Honorable Mayor and Agenda Date: January 21, 2025
Members of the City Council
SUBJECT: Adopt a Resolution of the City Council of the City of Fountain Valley Authorizing the Engagement of Michelle Rudaitis as Retired Annuitant Extra Help to Provide Advisory Services to the Incoming Fire Marshal, Approve a 180-day Wait Period Exception and Approve Rudaitis’ Retired Annuitant Extra Help Agreement.
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:
City Council to adopt a resolution authorizing the engagement of Michelle Rudaitis as a Retired Annuitant Extra Help, approve a 180-day wait period exception and approve the Retired Annuitant Extra Help Agreement.
DISCUSSION:
Michelle Rudaitis, the City’s Fire Marshal, retired on December 31, 2024. The Fire Department has been planning succession with Thang Nguyen, the Fire Inspection Analyst. Nguyen does not meet all the requirements of the Fire Marshal job description, but it is anticipated that Nguyen will meet the requirements within one year. Rudaitis has the necessary skills and experience to advise, mentor, and train Thang Nguyen throughout the calendar year.
Engaging Michelle Rudaitis as a Retired Annuitant Extra Help is necessary to advise the incoming Fire Marshal during his first year of transition and to prevent work stoppage or disruption in the City’s Fire Department. The City would like to engage Michelle Rudaitis as a Retired Annuitant Extra Help and the Agreement shall commence January 21, 2025 and shall terminate no later than January 20, 2026. The employment shall be limited to 960 hours per fiscal year.
Approve Resolution, 180-day exemption and Retired Annuitant Extra Help Agreement January 21, 2025
Due to the Public Employees’ Pension Reform Act of 2013 (PEPRA, Assembly Bill 340), Senate Bill 1021 & Senate Bill 13 established new requirements for post-retirement employment of CalPERS retirees. In compliance with Government Code 7522.56, City Council may not retain prior to 180 days from the date of the employee’s retirement unless an exception applies and has been approved by City Council in a public meeting as an action item. CalPERS allows for an exception to the 180-day wait period restriction under the following conditions:
(c) A person who retires from a public employer may serve without reinstatement from retirement or loss or interruption of benefits provided by the retirement system upon appointment by the engaging power of a public employer either during an emergency to prevent stoppage of public business or because the retired person has skills needed to perform work of limited duration.
The proposed Resolution certifies that an exception to the 180-day wait period is necessary to prevent work stoppage or disruption in the City’s Fire Department.
FISCAL REVIEW:
Funds allocated in the current Fiscal Year 2024-2025 budget include sufficient funding for the Retired Annuitant Extra Help.
PUBLIC NOTIFICATION:
Not applicable.
ENVIRONMENTAL IMPACT REVIEW:
Not applicable.
ATTORNEY REVIEW:
Attorneys for the City have reviewed and approved this agreement.
ALTERNATIVES:
Alternative No. 1:
Alternative No. 2:
Adopt a Resolution engaging Michelle Rudaitis as a Retired Annuitant Extra Help, approve a 180-day wait period exception and approving Rudaitis’ Retired Annuitant Extra Help Agreement.
Do not adopt a Resolution engaging Michelle Rudaitis as a Retired Annuitant Extra Help, do not approve a 180-day wait period exception and do not approve Rudaitis’ Retired Annuitant Extra Help Agreement.
Approve Resolution, 180-day exemption and Retired Annuitant Extra Help Agreement January 21, 2025
RECOMMENDATION:
Staff is requesting the City Council’s approval of Alternative No. 1 to Adopt a Resolution engaging Michelle Rudaitis as Retired Annuitant Extra Help, approving a 180-day wait period exception, and approving Rudaitis’ Retired Annuitant Extra Help Agreement.
Prepared by: Vanessa Lassooy, Attorney for the City
Reviewed by: Vanessa Lassooy, Attorney for the City
Fiscal review by: Ryan Smith, Finance Director
Approved by: Maggie Le, City Manager
Attachments:
1. Resolution
2. Contract
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOUNTAIN VALLEY
AUTHORIZING THE ENGAGEMENT OF RETIRED ANNUITANT EXTRA HELP AND APPROVING AN EXCEPTION TO THE 180-DAY WAIT PERIOD FOR HIRING RETIRED
ANNUITANT EXTRA HELP AND APPROVING RETIRED ANNUITANT EXTRA HELP
AGREEMENT
Gov. Code sections 7522.56 and 21244
WHEREAS, in compliance with Government Code section 7522.56 the Fountain Valley City Council must provide CalPERS this certification resolution when hiring a retiree before 180 days have passed since his or her retirement date; and WHEREAS, Michelle Rudaitis retired from the City of Fountain Valley in the position of Fire Marshall, effective December 31, 2024; and WHEREAS, section 7522.56 generally requires that post-retirement employment commence no earlier than 180 days after the retirement date, which is June 30, 2025, unless an exception is authorized through a certification resolution; and WHEREAS, section 7522.56 provides that this exception to the 180-day wait period shall not apply if the retiree accepts any retirement-related incentive; and WHEREAS, the Fountain Valley City Council, the City of Fountain Valley, and Michelle Rudaitis certify that Michelle Rudaitis has not and will not receive a Golden Handshake or any other retirement-related incentive; and WHEREAS, City desires a smooth transition of leadership and intends to utilize Michelle Rudaitis’s extensive knowledge, expertise and experience to mentor and train the newly appointed Deputy Fire Marshal during the first year of transition in this role; and
WHEREAS, City has determined that Michelle Rudaitis is uniquely qualified to provide those services due to her extensive knowledge and understanding of the City of Fountain Valley’s operations; and
WHEREAS, City has determined that engaging Michelle Rudaitis as an Retired Annuitant Extra Help to prevent work stoppage and disruption with the City’s Fire Department is in the best interest of the City; and
WHEREAS, the entire Retired Annuitant Extra Help Agreement between Michelle Rudaitis and the City of Fountain Valley has been reviewed by this body and is attached herein; and
WHEREAS, the hourly rate paid to Michelle Rudaitis will be $78.2024; and
WHEREAS, Michelle Rudaitis has not and will not receive any other benefit, incentive, compensation in lieu of benefit or other form of compensation in addition to this hourly pay rate; and
THEREFORE, BE IT RESOLVED THAT the Fountain Valley City Council hereby:
1. Approves the engagement of Michelle Rudaitis as Retired Annuitant Extra Help, as described herein and detailed in the attached Retired Annuitant Extra Help Agreement; and
2. Approves an exception to the 180-day waiting period pursuant to Government Code Section 7522.56 finding that this engagement prevents work stoppages and disruption within the City’s Fire Department; and
3. Authorizes the execution of the attached Retired Annuitant Extra Help Agreement between the City of Fountain Valley and Michelle Rudaitis. .
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Fountain Valley, California, held on January 21, 2025, by the following vote:
AYES, Council Members:
NOES, Council Members:
ABSENT, Council Members:
ABSTAIN, Council Members:
________________________________
Ted Bui, Mayor
ATTEST:
___________________________
Rick Miller, City Clerk
APPROVED AS TO FORM:
HARPER & BURNS LLP
____________________________
Vanessa Lassooy, Attorneys for the City
RETIRED ANNUITANT EXTRA HELP AGREEMENT BETWEEN THE CITY OF
FOUNTAIN VALLEY AND MICHELLE RUDAITIS
This Retired Annuitant Extra Help Agreement (“Agreement”) is entered into on January 21, 2025 by and between the City of Fountain Valley (“City”) and Ms. Michelle Rudaitis, an individual, hereinafter referred to as “RETIRED ANNUITANT EXTRA HELP.” In consideration of the mutual promises and covenants contained herein, the parties hereto mutually agree as follows:
SECTION 1. RECITALS. This AGREEMENT is made and entered into with respect to the following facts:
a. Michelle Rudaitis is retiring from her position as Fire Marshal for the City, effective December 31, 2024; and
b. The City desires a smooth transition and intends to utilize Michelle Rudaitis’ extensive knowledge, expertise and experience at the City’s Fire Department to mentor and train the newly appointed Deputy Fire Marshal during his first year of transition; and c. The City desires to employ Michelle Rudaitis temporarily as Retired Annuitant Extra Help to prevent work stoppage or disruption in the City’s Fire Department; and
d. The employment shall be limited to 960 hours per fiscal year; and e. In compliance with Government Code 7522.56, the City Council may not retain prior to 180 days from the date of the employee’s retirement unless an exception applies and has been approved by City Council; and
f. City Council has reviewed and approved this Agreement in a public meeting and declared a critical need for temporary assistance to prevent work stoppage or disruption.
SECTION 2. SERVICES. RETIRED ANNUITANT EXTRA HELP shall perform the following services in a temporary, extra help capacity:
• Advice, mentor and train the Deputy Fire Marshal
• Provide expert guidance on fire prevention programs
SECTION 3. TERM. This Agreement shall commence on January 21, 2025, and shall terminate no later than January 20, 2026, unless earlier terminated in accordance with Section 7. of this Agreement.
SECTION 4. PERFORMANCE. RETIRED ANNUITANT EXTRA HELP shall at all times faithfully, competently and to the best of his/her ability, experience, and talent perform all tasks described herein. RETIRED ANNUITANT EXTRA HELP shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of RETIRED ANNUITANT EXTRA HELP hereunder in meeting his obligations under this AGREEMENT.
SECTION 5. PAYMENT. The CITY agrees to pay RETIRED ANNUITANT EXTRA HELP at the hourly rate of $78.2024 per hour, or Step 5 of the hourly rate of Fire Marshal as shown in CITY’s most recently adopted salary schedule, whichever is greater, which is within the salary range of the classification for Fire Marshal, and RETIRED ANNUITANT EXTRA HELP will not receive any other benefit, incentive, or compensation in lieu of benefit, or other form of compensation in addition to the hourly pay rate.
SECTION 6. OWNERSHIP OF DOCUMENTS. Upon satisfactory completion of, or in the event of termination, suspension, or abandonment of, this AGREEMENT, all original documents, designs, drawings, notes, reports, documents, drives, floppy disks, diskettes or other materials prepared, developed or discovered by RETIRED ANNUITANT EXTRA HELP during the course of providing the services to be performed pursuant to this AGREEMENT shall become the sole property of the CITY and may be used, reused or otherwise disposed of by the CITY without the permission of the RETIRED ANNUITANT EXTRA HELP. Upon completion, expiration or termination of this AGREEMENT, RETIRED ANNUITANT EXTRA HELP shall turn over to the CITY all original documents, designs, drawings, notes, reports, documents, floppy disks, drives, diskettes or other materials prepared, developed or discovered by RETIRED ANNUITANT EXTRA HELP during providing the services to be performed pursuant to this AGREEMENT.
SECTION 7. SUSPENSION, TERMINATION, OR ABANDONMENT OF
AGREEMENT. CITY may, with or without cause, at any time, immediately suspend, terminate, or abandon this AGREEMENT, or any portion hereof, by service upon RETIRED ANNUITANT EXTRA HELP of written notice. Upon receipt or delivery of said notice, RETIRED ANNUITANT EXTRA HELP shall immediately cease all work under this AGREEMENT, unless the notice provides otherwise. RETIRED ANNUITANT EXTRA HELP may, with or without cause, at any time, suspend, terminate, or abandon this AGREEMENT, or any portion hereof, by service upon CITY of at least thirty (30) days prior written notice.
SECTION 8. RETIRED ANNUITANT EXTRA HELP STATUS. RETIRED ANNUITANT EXTRA HELP is a temporary, at will pursuant California Government Code Sections 7522.56 and 21244. The position is intended to address a critical need for temporary assistance to prevent work stoppage or disruption with the City’s Fire Department.
SECTION 9. NOTICE. Whenever it is necessary for either party to serve written notice on the other regarding this AGREEMENT, such notice shall be served personally or may be furnished in writing by either party to the other, by the following means:
CITY: RETIRED ANNUITANT EXTRA HELP:
U.S. Mail Michelle Rudaitis
City of Fountain Valley [email protected] 10200 Slater Avenue
Fountain Valley, CA 92708
Attn: City Clerk
Notice via U.S. Mail shall be deemed to have been served seventy-two (72) hours after the same has been deposited in the United States Postal Service or upon receipt, whichever occurs first. Notice by Electronic Mail shall be deemed to have been served at the time the email is sent. This shall be valid and sufficient service of notice for all purposes.
SECTION 10. CONFLICTS OF INTEREST. RETIRED ANNUITANT EXTRA HELP covenants that he or she has no interest, and shall not acquire any interest, directly or indirectly, which will conflict in any manner or degree with the performance of his or her services hereunder. RETIRED ANNUITANT EXTRA HELP further covenants that he/she has not contracted with nor is performing any services directly or indirectly with any developer(s) and/or property owner(s) and/or firm(s) and/or partnerships owning property in the CITY and further covenants and agrees that RETIRED ANNUITANT EXTRA HELP shall provide no services to or enter into any agreement or agreements with any developer(s) and/or property owner(s) and/or firm(s) doing business in the CITY prior to the completion of the work under this AGREEMENT without the express written consent of the City Council SECTION 11. ENTIRE AGREEMENT. This AGREEMENT contains the entire understanding between CITY and RETIRED ANNUITANT EXTRA HELP. Any prior
agreements, promises, negotiations or representations not expressly set forth herein are of no force or effect. Subsequent modifications to this AGREEMENT shall be effective only if in writing and signed by all parties. If any term, condition, or covenant of this AGREEMENT is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions of this AGREEMENT shall be valid and binding.
SECTION 12. WAIVER. Waiver by any party hereto of any term, condition, or covenant of this AGREEMENT shall not constitute the waiver of any other term, condition, or covenant hereof.
SECTION 13. LICENSED STATUS. RETIRED ANNUITANT EXTRA HELP shall, at all times during the term of this AGREEMENT, have in full force and effect all licenses required by law. CITY desires the personal services of RETIRED ANNUITANT EXTRA HELP and this AGREEMENT is not transferable or assignable.
SECTION 14. GOVERNING LAW. This AGREEMENT shall be interpreted and construed according to the laws of the State of California. In the event of litigation between the parties, venue in state trial courts shall lie exclusively in the County of Orange.
SECTION 15. UNEMPLOYMENT INSURANCE CERTIFICATION. Pursuant to Government Code section 7522.56, by signing this AGREEMENT, RETIRED ANNUITANT EXTRA HELP certifies that he or she has not received unemployment insurance payments from any public employer within 12 months prior to the effective date of this AGREEMENT.
SECTION 16. CALPERS ACKNOWLEDGEMENT. RETIRED ANNUITANT
EXTRA HELP understands that failure to comply with California Public Employees’ Retirement System (“CalPERS”) rules may result in adverse consequences, including but not limited to the suspension or termination of her retirement benefits, reinstatement to active employment status, and repayment of pension benefits. RETIRED ANNUITANT EXTRA HELP acknowledges that the City has advised her to seek legal counsel regarding her rights and obligations under CalPERS regulations and the City makes no guarantees about her compliance with those rules.
IN WITNESS WHEROF, the Parties have executed this Agreement as of the date first above written.
CITY OF FOUNTAIN VALLEY RETIRED ANNUITANT EXTRA
HELP
___________________________
_____________________________
Ted Bui, Mayor Michelle Rudaitis
ATTEST:
__________________________
City Clerk, Rick Miller
Approved as to Form:
HARPER & BURNS LLP
__________________
Attorneys for the City
CITY OF FOUNTAIN VALLEY
CITY COUNCIL
COUNCIL ACTION REQUEST
To: Honorable Mayor and Agenda Date: January 21, 2025
Members of the City Council
SUBJECT: Authorization to Issue a Purchase Order to Stryker Sales LLC for Four (4) LUCAS 3 Automatic Chest Compression Devices with required accessory equipment and Five (5) Years of Warranty/Service Coverage in the amount of $110,626.66 Plus a Five Percent Contingency of $5,531.33.
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:
Out-of-hospital cardiac arrest is one of the leading causes of death in the United States. The outcomes of out-of-hospital cardiac arrest patients are influenced by a series of actions known as a “chain of survival,” among which cardiopulmonary resuscitation (CPR) is pivotal. The link between high-quality CPR and patient survival is well documented, and medical devices like the LUCAS 3 automatic chest compression device (ACCD) have become the standard in pre-hospital care to provide patients with high-quality CPR. ACCDs are a mandatory piece of paramedic equipment in Orange County. These devices improve CPR performance by eliminating human factors such as fatigue, distraction, and difficulty performing high-quality compressions while moving a patient or transporting them in a moving ambulance. This device also frees emergency personnel to focus on other vital tasks for patient care.
Also, ACCDs increase the safety of our employees, especially during the transport phase, where there is an increased risk of injury.
Fire crews performed a 30-day field trial of the LUCAS 3 ACCD and an evaluation of the next-generation ZOLL AutoPulse NXT ACCD. The trial resulted in staff determining that the LUCAS 3 compression device is operationally and financially better for our fire department. The cost of the LUCAS 3 devices with required accessory equipment and warranties is within the capital replacement budget of $122,600.00, and no supplemental funding is being requested. Staff is requesting the authorization to issue a purchase order to Stryker Sales for four (4) LUCAS 3 devices with required accessory equipment and five (5) years of warranty and service in the amount of $110,626.66 plus a five-percent contingency of $5,531.33 to account for any unforeseen costs or price increases.
Purchase of CPR Chest Compression Devices
January 21, 2025
DISCUSSION:
The fire department currently utilizes the ZOLL AutoPulse device. Purchased in May 2019, these devices are nearing the end of their 5-year service life and are quickly becoming obsolete. Starting in April 2025, ZOLL will no longer service our current AutoPulse devices and will no longer provide the required accessories related to emergency operations.
The replacement of the (4) ACCD devices will allow our department to stay current with technology.
Our ability to deliver high-quality CPR assists cardiologists in receiving more viable patients eligible for corrective interventions within the emergency cardiac catheterization laboratory.
Our ACCD devices are scheduled to be replaced on a standard 5-year replacement plan. Since 2019, the current ACCD devices have been maintained and serviced on time as appropriate and have served our department and citizens well. Over the past five (5) years, the devices have experienced a rough service life in the 9-1-1 environment. Our ACCD devices have reached the end of their life expectancy, and the manufacturer's service will end this year.
The Stryker LUCAS 3 device was field tested over 30 days, where it was utilized on medical aid incidents in the daily management of our 9-1-1 patient population. The new ZOLL AutoPulse NXT was evaluated but was found to be outside our target price point. It was also noted that the cost per call of the ZOLL AutoPluse NXT device exceeds the cost per call of the LUCAS 3 device.
During the field trial, paramedics were given an evaluation tool that focused their assessment in the following areas:
Physical
Technology
Ergonomics
Performance
Critical Patient Therapies
The LUCAS 3 and ZOLL AutoPulse NXT devices were then scored in the following categories:
Physical
Performance
Feedback
The LUCAS 3 device scored higher than the ZOLL AutoPulse NXT in all areas by our department paramedics.
PROCUREMENT PROCESS
The ZOLL AutoPulse and Stryker LUCAS 3 are the two (2) FDA-approved manufacturers used by fire departments throughout Orange County. Surveying other Orange County fire departments, the trend is moving towards the LUCAS 3 device being the standard. Both vendors provided a list of required equipment, accessories, and warranty services needed to ensure the best possible pricing. Stryker’s quote of $110,626.66 was $13,417.26 lower than ZOLL’s.
Purchase of CPR Chest Compression Devices
January 21, 2025
Vendor Total Quote
ZOLL AutoPulse $124,043.92
LUCAS 3 $110,626.66
Cost Difference 13,417.26
FISCAL REVIEW:
The current funding within the FY 2024/25 Capital Replacement for the ACCDs is $122,600.00. Staff obtained a quote of $110,626.66, including tax, to purchase four (4) new ACCDs with required accessory equipment and five (5) years of warranty/service that would meet the fire department's current and future operational emergency medical services (EMS) requirements. Including the five percent contingency for any unforeseen costs or price increases, no supplemental funding is required to complete the purchase.
STRYKER EQUIPMENT COSTS
(4) LUCAS 3 Chest Compression Systems $72,920.32
Five (5) Years Warranty/Service Coverage $32,022.00
(4) Desktop Battery Chargers $5,663.68
(4) Lucas Rechargeable Li Pro Batteries $3,368.64
(4) External Power Supply Cords $1,791.68
Sales Tax $5,560.18
Shipping $1,300.16
Trade-In Credit for ZOLL AutoPulse devices ($12,000.00) Total Equipment Cost $110.626.66
5% Contingency $5,531.33
Grand Total $116,157.99
PUBLIC NOTIFICATION:
Not applicable.
Purchase of CPR Chest Compression Devices
January 21, 2025
ALTERNATIVES:
Alternative No. 1: Approve this action, thereby authorizing the purchase of four (4) LUCAS 3 Automatic Chest Compression Devices with required accessory equipment and five (5) years of warranty and service coverage in the amount of $110,626.66 plus a five-percent contingency of $5,531.33.
Alternative No. 2: Do not approve this action and direct staff to research alternatives.
RECOMMENDATION:
Staff recommends that the City Council approve Alternative No. 1.
Prepared by: Tim Saiki, Battalion Chief and Lauren Lee, EMS Manager Reviewed by: William McQuaid, Fire Chief
Reviewed by: Ryan Smith, Finance Director
Approved by: Maggie Le, City Manager
Attachment:
1. Stryker Quote
2. ZOLL Quote
Quote Summary
Delivery Address Sold To - Shipping
Name:
FOUNTAIN VALLEY FIRE DEPT Name: FOUNTAIN VALLEY FIRE DEPT Account #:
20040084 Account #: 20040084
Address:
10200 SLATER AVE Address:
10200 SLATER AVE
FOUNTAIN VALLEY
FOUNTAIN VALLEY
California 92708-4736
California 92708-4736
Equipment Products:
# Product Description Qty Sell Price Total
1.0 99576-000063 LUCAS 3, v3.1 Chest Compression System, Includes Hard Shell Case, Slim Back Plate, (2) Patient Straps, (1) Stabilization Strap, (2) Suction Cups, (1) Rechargeable Battery and Instructions for use With Each Device
4 $18,230.08 $72,920.32
2.0 11576-000060 LUCAS Desk-Top Battery Charger 4 $1,415.92 $5,663.68
3.0 11576-000080 LUCAS 3 Battery - Dark Grey - Rechargeable LiPo 4 $842.16 $3,368.64
4.0 11576-000071 LUCAS External Power Supply 4 $447.92 $1,791.68
Equipment Total:
$83,744.32
Trade In Credit:
Product Description Qty Credit Ea.
Total Credit
TR-ZAP-LUC3 TRADE-IN-ZOLL AUTOPULSE TOWARDS PURCHASE OF LUCAS 3.1
4 -$3,000.00 -$12,000.00
ProCare Products:
# Product Description Qty Sell Price Total
6.1 LUCAS-FLD-PROCARE LUCAS 3, 3.1 for LUCAS 3, v3.1 Chest Compression System, Includes Hard Shell Case, Slim Back Plate, (2) Patient Straps, (1) Stabilization Strap, (2) Suction Cups, (1) Rechargeable Battery and Instructions for use With Each Device
4 $8,005.50 $32,022.00
LUCAS
Quote Number:
10907543 Remit to: Stryker Sales, LLC
21343 NETWORK PLACE
CHICAGO IL 60673-1213
USA
Version:
1 Prepared For:
FOUNTAIN VALLEY FIRE DEPT Rep: Ryan Lovelady
Attn:
Email:
[email protected]
Phone Number:
Quote Date:
11/19/2024
Expiration Date:
12/20/2024
Contract Start:
Contract End:
04/17/2024
04/17/2024
1 This is not an Invoice
# Product Description Qty Sell Price Total
10/24/2024 - 10/23/2029
√ Parts, Labor, Travel √ Preventative Maintenance √ Batteries Service
ProCare Total:
$32,022.00
Price Totals:
Estimated Sales Tax (7.750%):
$5,560.18
Freight/Shipping:
$1,300.16
Grand Total:
$110,626.66
Comments/Terms/Signatures
Comments:
Prices: In effect for 30 days
Terms: Net 30 Days
Terms and Conditions:
Deal Consummation: This is a quote and not a commitment. This quote is subject to final credit, pricing, and documentation approval. Legal documentation must be signed before your equipment can be delivered. Documentation will be provided upon completion of our review process and your selection of a payment schedule. Confidentiality Notice: Recipient will not disclose to any third party the terms of this quote or any other information, including any pricing or discounts, offered to be provided by Stryker to Recipient in connection with this quote, without Stryker’s prior written approval, except as may be requested by law or by lawful order of any applicable government agency. A copy of Stryker Medical's terms and conditions can be found at https:// techweb.stryker.com/Terms_Conditions/index.html.
LUCAS
Quote Number:
10907543 Remit to: Stryker Sales, LLC
21343 NETWORK PLACE
CHICAGO IL 60673-1213
USA
Version:
1 Prepared For:
FOUNTAIN VALLEY FIRE DEPT Rep: Ryan Lovelady
Attn:
Email:
[email protected]
Phone Number:
Quote Date:
11/19/2024
Expiration Date:
12/20/2024
Contract Start:
Contract End:
04/17/2024
04/17/2024
2 This is not an Invoice
Quote No: Q-99223 Version: 1
ZOLL Medical Corporation
269 Mill Road
Chelmsford, MA 01824-4105
Federal ID# 04-2711626
Phone: (800) 348-9011
Fax: (978) 421-0015
Email: [email protected]
Fountain Valley Fire Department
10200 Slater Ave
Fountain Valley, CA 92708
ZOLL Customer No: 7913
Lauren Lee
7143741789
[email protected]
Quote No: Q-99223
Version: 1
Issued Date: January 7, 2025
Expiration Date: March 31, 2025
Terms: NET 30 DAYS
FOB: Destination
Freight: Free Freight
Prepared by: Brenda Owen
EMS CPR Territory Manager
[email protected]
(505) 220-2901
Item Contract
Reference
Part Number Description Qty List Price Adj. Price Total Price 1 1501418 8700-001003-01 AutoPulse NXT Starter Kit - EMS Includes: AutoPulse NXT Platform, AutoPulse NXT
Charger, AutoPulse NXT Lithium Batteries (2),
AutoPulse NXT Bands (3 pack), AutoPulse NXT
QuickCase, AutoPulse NXT Shoulder Restraint
4 $23,204.00 $22,739.92 $90,959.68
2 1501418 8700-001012-01 AutoPulse NXT Lithium Battery 4 $1,497.00 $1,467.06 $5,868.24 3 8778-890004-WF-NXT AutoPulse NXT Worry-Free Service Plan - 4 Year At Time of Sale
Includes: Preventive maintenance per ZOLL's
recommendation, parts + labor on normal wear and
tear, 7% discount for NXT Band replacements and
batteries, and minimum service fee waived, and
Accidental damage coverage (see below). Shipping
and use of a Service Loaner during repairs, no
charge shipping. Extended warranty is a continuation
of the One Year, Point of Sale Product Limited
Warranty.
<br><br>Battery replacement and accidental
damage guidelines can be found in the ExpertCare
Service Plan Terms and Conditions on the ZOLL
website.
4 $7,560.00 $6,804.00 $27,216.00
Subtotal: $124,043.92
Total: $124,043.92
Contract Reference Description
1501418 Reflects CHM GPO NPP 2020 - Contract No. PS20200 (EXT2) contract Pricing. Notwithstanding anything to the contrary herein, the terms and conditions set forth in NPP Contract No. PS20200 shall apply to the customer's purchase of the products set forth on this quote.
Fountain Valley Fire Department
Quote No: Q-99223 Version: 1
ZOLL Medical Corporation
269 Mill Road
Chelmsford, MA 01824-4105
Federal ID# 04-2711626
Phone: (800) 348-9011
Fax: (978) 421-0015
Email: [email protected]
To the extent that ZOLL and Customer, or Customer’s Representative have negotiated and executed overriding terms and conditions (“Overriding T’s & C’s”), those terms and conditions would apply to this quotation. In all other cases, this quote is made subject to ZOLL’s Standard Commercial Terms and Conditions (“ZOLL T’s & C’s”) which for capital equipment, accessories and consumables can be found at https://www.zoll.com/terms-and-conditions-of-sale, for software products can be found at https://www.zoll.com/software-legal, and for ExpertCare Service Plans can be found at https://www.zoll.com/ExpertCare-Service-Terms. Except in the case of overriding T’s and C’s, any Purchase Order (“PO”) issued in response to this quotation will be deemed to incorporate ZOLL T’s & C’s, and any other terms and conditions presented shall have no force or effect except to the extent agreed in writing by ZOLL.
1. Delivery will be made upon availability.
2. This Quote expires on March 31, 2025. Pricing is subject to change after this date.
3. Applicable tax, shipping & handling will be added at the time of invoicing.
4. All purchase orders are subject to credit approval before being accepted by ZOLL.
5. To place an order, please forward the purchase order with a copy of this quotation to [email protected] or via fax to 978-421-0015.
6. All discounts from list price are contingent upon payment within the agreed upon terms.
7. Place your future accessory orders online by visiting the ZOLL web store.
Order Information (to be completed by the customer)
[ ] Tax Exempt Entity (Tax Exempt Certificate must be provided to ZOLL) [ ] Taxable Entity (Applicable tax will be applied at time of invoice)
BILL TO ADDRESS SHIP TO ADDRESS
Name/Department: Name/Department:
Address: Address:
City / State / Zip Code: City / State / Zip Code:
Is a Purchase Order (PO) required for the purchase and/or payment of the products listed on this quotation? [ ] Yes PO Number: ____________ PO Amount: ____________ (A copy of the Purchase Order must be included with this Quote when returned to ZOLL) [ ] No (Please complete the below section when submitting this order) For organizations that do not require a PO, ZOLL requires written execution of this order. The person signing below represents and warrants that she or he has the authority to bind the party for which he or she is signing to the terms and prices in this quotation.
Fountain Valley Fire Department
Authorized Signature: _1\
\s1\
Name: \n1\
Title: \t1\
Date: \d1\