Fountain Valley — 2023-09-19

1. CONFERENCE WITH LABOR NEGOTIATORS\nPursuant to Government Code §54957.6.\nAgency Designated Representatives: City Manager, Maggie Le, Finance Director, Ryan\nSmith, Human Resources Director, Carrie Hanes, Community Development Director / Deputy\nCity Manager, Omar Dadabhoy, Attorney for the City, Colin Burns\nEmployee Organizations: Police Officers' Association (POA), Police Officers' Management\nUnit (POMU), Fire Association (FVFA), Fountain Valley Municipal Employees Association\n(Field Services unit), Fountain Valley General Employees Association (FVGEA), Fountain\nValley Professional and Technical Employees (P&T), Individually Represented Battalion\nChiefs and Individually Represented P&T (IRP&T)

2. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION\n(Paragraph (1) of subdivision (d) of Section 54956.9)\nName of Case: Johnson v. City of Grants Pass Ninth Circuit Case Nos. 20-35752, 20-35881 -\nConsider Joinder / Amicus Support

3. CONFERENCE WITH REAL PROPERTY NEGOTIATORS\nProperty: 16111 Harbor Boulevard (APN: 167-301-04):\nCity Negotiators: Maggie Le, City Manager; Omar Dadabhoy, Community Development\nDirector/Deputy City Manager; Ryan Smith, Finance Director; Colin Burns, Attorney for the City\nNegotiating Parties: City of Fountain Valley and Spirit Master Funding IX, LLC\nUnder Negotiation: Price and terms of payment

4. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION\nInitiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9: 1 potential case

5. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION\nParagraph (1) of subdivision (d) of Section 54956.9\nName of case: City of Costa Mesa v. SoCal Recovery - United States Supreme Court Case No\n23-71 (consider providing amicus support)\nSTUDY SESSION

1. Waive the reading in full of all ordinances under consideration and direct the Mayor to read\nby titles only.

10. Public Hearing and Introduction: Code Amendment No. 23-01 – An Amendment To Fountain\nValley Municipal Code (FVMC) Sections 21.54.050 and 21.54.070 Regarding Entitlement\nExtensions – Presentation by Steven Ayers, Principal Planner Page 180\nRecommended Action: Staff is requesting City Council approval of Alternative No. 1 to\nintroduce the attached Ordinance approving a categorical exemption per the California\nEnvironmental Quality Act (CEQA) and approving Code Amendment No. 23-01 to amend the\nFountain Valley Municipal Code (FVMC) Sections 21.54.050 and 21.54.070 regarding\nentitlement extensions.

11. Public Hearing and Introduction: Code Amendment No. 23-02 – An Amendment To Fountain\nValley Municipal Code Section 21.08.055 For Accessory Dwelling Units (ADU’s) –\nPresentation by Steven Ayers, Principal Planner Page 190\nRecommended Action: Staff is requesting City Council approval of Alternative No. 1 to\nintroduce the attached Ordinance approving a categorical exemption per the California\nEnvironmental Quality Act (CEQA) and approving Code Amendment No. 23-02 to amend the\nFountain Valley Municipal Code (FVMC) Section 21.08.055 for accessory dwelling units.

12. Appeal of Administrative Wireless Communication Facilities Permit 22-09 and Decision to Not\nIssue a Stop Work Order – Presentation by Alexandra Halfman, Deputy City Attorney\nPage 217

13. Introduction and First Read of An Ordinance Adding Chapters 4.35 Group Homes and 21.29\nGroup Homes and Amending Section 21.08.030 Residential Zoning District Land Uses and\nPermit Requirements to the Fountain Valley Municipal Code – Presentation by Alexandra\nHalfman, Deputy City Attorney Page 265\nRecommended Action: If the City Council desires to regulate group homes in accordance with\nthe City of Costa Mesa and its ordinance, Staff recommends Alternative No.1: Approve the\nintroduction-first read of an ordinance adding chapters 4.35 Group Homes and 21.29 Group\nHomes and amending Section 21.08.030 Residential Zoning District Land Uses and Permit\nRequirements.\nADMINISTRATIVE ITEMS

14. Well No. 11 – General Pump Company, Inc. Contract Award & Amendment No. 1 to Richard\nC. Slade & Associates, LLC CON 21-14 – Presentation by Mark Sprague, Field Services\nManager Page 292\nRecommended Action: City staff recommends City Council to approve Alternative No. 1,\nwhich is to accept the bid and award a construction contract in the amount of $592,730 to\nGeneral Pump Company, Inc. for Project No. 24029, Well No. 11 Rehabilitation Project;\naccept the Richard C. Slade & Associates LLC proposal in the amount of $73,999; and\napprove Amendment No. 1 to the Richard C. Slade & Associates LLC CON 21-14 in the\namount of $43,583.13.

15. Restated and Amended Joint Powers Agreement for Integrated Law and Justice Agency for\nOrange County (ILJAOC) – Presentation by Matt Sheppard, Chief of Police Page 391\nRecommended Action: Approve Resolution 9898 for the restated and amended Joint Powers\nAgreement for Integrated Law and Justice Agency for Orange County

16. Approve Amendment No. 1 to Bear Electrical Solutions, Inc. CON 21-63 (Munis CON 1040)\nto extend the street light maintenance and repair services contract term for an additional two\n(2) year term. – Presentation by Temo Galvez, Deputy Public Works Director Page 419\nRecommended Action: Staff recommends that the City Council approve Alternative No. 1,\nwhich is to approve Amendment No. 1 to Bear Electrical Solutions, Inc. CON 21-63 (Munis\nCON 1040) to extend the streetlight maintenance and repair services contract for a term two-\nyear term.

3. Approve the Register of Demands for the period of 8/5/2023 to 9/8/2023. Page 17\nRecommended Action: Staff recommends Alternative No. 1 to approve the attached Register\nof Demands representing payments made by the City of Fountain Valley between 8/5/2023\nand 9/8/2023 for a total of $20,073,001.73.

4. City of Fountain Valley Six Month Strategic Objectives Adoption for May 11, 2023 through\nNovember 16, 2023 Page 43\nRecommended Action: Staff recommends that the City Council approve Alternative No. 1.

5. Approve a resolution to accept the Office of Traffic Safety Selective Traffic Enforcement\nProgram grant money, amend the FY 2023-24 budget COPS/SLES fund in the amount of\n$60,000 and appropriate an expenditure to incorporate the changes into the FY 2023-2\nPage 49\nRecommended Action: Approve a resolution to accept the Office of Traffic Safety Selective\nTraffic Enforcement Program grant money, amend the FY 2023-24 budget COPS/SLES fund\nin the amount of $60,000 and appropriate an expenditure to incorporate the changes into the\nFY 2023-24 budget.

6. Award a contract to Sierra Analytical Labs, Inc. in an amount not to exceed $70,000 annually\nfor Water Quality Testing Services Page 69\nRecommended Action: Staff is requesting City Council approval of Alternative No. 1 to award\na contract to Sierra Analytical Labs, Inc. in an amount not to exceed $70,000 annually for\nwater quality testing services.

7. Award a contract to Sierra Analytical Labs, Inc. in an amount not to exceed $25,000 annually\nfor Backflow Testing Services Page 96\nRecommended Action: Staff is requesting City Council approval of Alternative No. 1 to award\na contract to Sierra Analytical Labs, Inc. in an amount not to exceed $25,000 annually for\nbackflow testing services.

8. Adopt a Resolution Authorizing the City Manager to Approve Information Technology\nSoftware, Hardware and Professional Service Purchases for Vendors with Multiple Contracts\nthat Cumulatively exceed Fifty Thousand Dollars and to Issue Change Orders of up to\n$50,000 or 20-percent of the original contract amount, whichever is greater. Page 124\nRecommended Action: Staff is requesting City Council approval of Alternative No. 1: Adopt\nthe proposed Resolution authorizing the City Manager to approve information technology\nsoftware, hardware, and professional service purchases for vendors with multiple contracts\nthat cumulatively exceed fifty thousand dollars and to issue change orders of up to $50,000\nor 20-percent of the original contract amount, whichever is greater.\nPUBLIC HEARINGS\nEach person will have up to 3 minutes to speak on each Public Hearing.

9. Public Hearing - FY 2022-23 Community Development Block Grant Consolidated Annual\nPerformance and Evaluation Report – Presentation by Ashlyn Newman, Housing Coordinator\nPage 129\nRecommended Action: Conduct a public hearing to consider the City of Fountain Valley FY\n2022-23 CAPER, approve the CAPER, and authorize staff to submit the final CAPER to HUD\nby the September 30, 2023 deadline.

1. ACC-OC & League of CA Cities Membership Update – Presentation by Meghan Wishner,\nManagement Analyst

2. Presentation of Community Survey Company Recommendations – Presented by Rob Frizzelle,\nCommunity Services Director

3. Certificate of Recognition for Triston Nguyen for Receiving his Eagle Scout Designation\nFIRST CITY COUNCIL/ SUCCESSOR AGENCY/ HOUSING AUTHORITY/ PUBLIC COMMENTS\n(Unscheduled Matters Only)\nThe Unscheduled Matters Public Comments portion will last 15 Minutes at the beginning of the\nmeeting. Any requests to speak on unscheduled matters after the initial 15 minutes, will be heard at\nthe end of the meeting, unless the Mayor approves an extension of this time. If an individual speaks\nduring the First unscheduled matters time period, they do not get to speak at the end of the meeting as\nwell. Persons wishing to speak on an unscheduled matter are requested to identify themselves by\ncompleting a blue speaker and to give the card to the City Clerk. Each person will have up to 3 minutes\nto speak. The City Clerk will call upon those that wish to speak.\nPUBLIC COMMENTS\n(Scheduled Matters Only)\nPersons wishing to speak on Agenda item(s) are requested to identify themselves by completing a\nblue speaker card indicating the item they want to address and to give the card to the City Clerk\nprior to the public comment period. Each person will be given up to 3 minutes to speak on\nthe entire Consent Calendar, 3 minutes to speak on each item pulled from the\nconsent calendar, and 3 minutes to speak on any agendized item(s) not appearing on\nthe Consent Calendar.\nCONSENT CALENDAR\nConsent Calendar Items 1 – 8 will be approved simultaneously with one motion, unless separate\naction/or discussion is requested.