About this meeting
- Government Body
- City Council
- Meeting Type
- City Council
- Location
- Fountain Valley, CA
- Meeting Date
- January 20, 2026
Transcript
948 sections (from 1,089 segments)
As we heel tap to the front. Good. Great job. Last one. Let's go back to a toe tap. Alternating arm and leg. Good. Great job. Keep breathing. Are we having fun? Oh, yeah. Good. Alright. We're gonna take that toe tap into a leg lift. Lift a little higher now. Thinking about strong core muscles. Our core is the region of our trunk that helps support our posture, helps with our breathing, and all your movements should be coming from your core right now. Let's take those legs out to the side now. K. And press the arms out.
Vicky's showing an alternative for those of you who are seated. Good. Relax your shoulders. Last one. Let's take it to the rear now. If you're standing, tricep press to the back. Okay? Lift the leg to the rear. Press. Press. Press. Press. Press. Last one. Take it to the side again. Out. Out. Out. Good. Relax those shoulders.
We're trying to warm up the body, all the tissues, get the blood flowing, get the oxygen oxygen moving throughout the body. And to the front again. Lift. Lift. Lift. Nice and tall. Good. And now we're gonna cross midline. If you have a bad hip or knee, I would recommend that you just keep your legs going straight in front of you. Otherwise, join us as we cross midline. Cross. We're trying to get some rotation of the hip. Okay. We wanna move that hip into many reach in many planes of motion. Okay? Good. You know, with
the more we exercise, our hip, I think the less likely it'll fracture if we should fall, but
we're not gonna fall. That's right. We wanna get be prepared, and let's march it out.
From a fitness standpoint, every single activity is higher than national averages. From swimming all the way to jogging, which is 28% higher than national average. And then outdoor activities, a number of them are higher, some are lower. So in general, again, a very active community as well. Right now, you are higher than national average in terms of people that have access to a park within a ten minute walk, yet one in three people today do not have access.
So that is something as we look at a goal with the plan to increase access to someone, to everyone in the community, to a park space as well. And to better understand, this is where the extent of the public engagement and the outreach process has been thus far. Obviously, a number of different ways, starting with outstanding communication from the city staff to get the word out, to educate the community on what this plan really is. It's not a site specific plan, it's a system wide roadmap for the future. As we look at it, there is an active website, myfvparks.com.
I will ask you the name of the site at the end of the presentation. If you don't know, you'll have to spend the night here. But this is multilingual, ADA accessible, mobile friendly. So the idea is every meeting, every findings, whatever we do going forward, it'll all be here. So at the end of it, every place I've been to, there are two people that will come to the very last presentation in front of you and say, I didn't know this was happening.
The whole plan is flawed. Now there isn't an excuse to do that. Anybody that wants to engage has the opportunity to do so, and we will continue doing that in 82 different languages through the website. A number of stakeholder focus groups as well, individually, staff, internal, external focus groups, a number of different ways at special events as well, at open public meetings. We've invited the community to come to us.
We've also gone to them as well in a variety of different ways and at different events as well, and continue to promote this in multiple languages, English, Spanish, Vietnamese, etcetera, along the way. As you can see, the idea is to physically and philosophically go where the community is, not just expect them to come to us in order to get their information. We don't want to check a box. We actually want to hear from people in as many different ways as we possibly can. That leads to the key component here, the statistically reliable survey.
All the input we did up to that point, dozens of meetings, focus groups, etcetera, were all subjective, which means it depends on who showed up to that meeting. If you have a 150 people like me show up, you all better believe the most important thing in Fountain Valley is cricket fields, which may not be true, but that's all you're going to get, which is why you need a scientific defensible way to either validate or disprove what you heard as well. The input we got across all these meetings was then crafted into a six page survey questionnaire conducted by an independent company called ETC Institute. They've done thousands of these specific for park and rec agencies. We've done several 100 with them, including all around you as well.
So not only do they have the expertise, they also have a national database and a California database to understand how the results compare to the rest. This is sent by mail, followed up with a one time link per household, and a phone call as well if somebody wants to do it over the phone. For a population your size, 55,000 odd, three fifty to three seventy five is statistically reliable as a sample. One might think, how is that enough for that many thousands? If you look at national surveys for 340,000,000 people, they get a thousand surveys to express some of the information as well.
In this case, every response is actually one household, not just one individual. And as you'll see in the following slides, the results are sampled based on the demographics of the community. It is random. It is anonymous. I'm curious, did any of you get the survey? Yes. Yes? Did you take it?
Oh, yes.
Well, thank you. So now you know, right? It works. And we can't the fact that it's random and anonymous, we can't control who gets it, but they'll ensure that about 10 to 15% response rates to to get this number, four to 5,000 were mailed out. If we get more people, we'll take it.
As you can see, the goal was 400, which is higher than statistical reliability. The very last bullet point, all that indicates is for any methodology to be reliable, I have to be able to repeat the process and get consistent results. In no public meeting, focus group, special event, can you guarantee that. In this case, we can, and what this tells me is 95 out of a 100 times, the results you're about to see are in a margin of error of plus or minus 4.8%. 5% margin of error is really good.
The lesser the margin of error, the more accurate it is. Beyond this point, if I go from 400 to 900, the margin of error may drop to just 4.7. So the incremental cost of doing that many more surveys doesn't give you significantly more accurate data. Where you are is really, really accurate and representative. So this is where you can say, I don't expect a nine year old or a 15 year old to take a survey, but I do want to ensure that the household includes people of that age, which you can see from this that it does.
From a gender standpoint, almost even split. From a race and ethnicity standpoint, this matches the community's demographics. As you can see, nearly two in five are Asian. About 45% is white only. 18% Hispanic Latino, so on and so forth.
And then you have people that have lived here for less than five years to all the way for more than thirty one years as well that have all been sampled as part of the survey process. So very, very encouraging visitation numbers to begin with. 81% is the national average, four out of five. In your case, it's 90%, significantly higher have visited in the last twelve months. More importantly, they value and rate what you have as good or excellent also at higher averages.
Big props to the staff for taking care of what you have at levels significantly higher than national average. And no, they did not give me pizza and beer to say that. This is the truth. In addition to that, in terms of barriers to participation, this is huge. Number one, lack of restrooms. I know you've heard it. We've heard it as well. A number of people said that either they aren't there or we don't have access. Lack of shade. More and more, that's what we're hearing. It's not amenities. It's shade or restrooms to be able to use the amenities longer that we hear from people as well. Program participation, this is insanely good. I have no other words to say. National average is 32%.
We recommend agencies to try to get to 40%. National gold medal agencies get to 45%. You're already at 53. So I don't even know what to recommend for you anymore. Just be where you are. Good enough. More than good enough. Right? So extremely high participation across programs and events, testament to the quality of the programming and the events your team offers as well. Same thing here.
It's not just high participation. It's also high quality. Again, if I were to nitpick, I would say that the future goal should be, can you shrink the percentage that says good and grow the percent that says excellent? I used to work for Disney, so I'll say talking in Disney language, always plus up the show. And the idea is how do we go from good to great and stay there. Right? So that's the little extra, the little pixie dust that you can inject here as well to do that too. Mayor's laughing. I know you know it as well. You've been there.
You've done that. So, you know, here we go. Program participation barriers, number one thing nationally is I don't know what's offered. It's close for us too, but it's still much lower than national average, only 22%. So great job again in getting the word out and room to improve there in terms of continued marketing and outreach as well.
Almost every single one has a majority agreeing to the benefits that Parks Recreation Community Services in general provides. It makes the city a better place to live, more safe, higher quality of life, livability, all the rest. This is the money question. Right? This is really where you all are going to use this to make decisions is what do people really want you to do out of a $100?
The majority, almost $39, they want to spend on taking care and improving what already exists. This is a national trend as well. In addition to that, acquiring new parkland and open space, programs and improving indoor facilities rounded off most of the others. New community event center, again, a number of different things that people indicate the frequency of use, from aerobics and fitness to weight room, which is usually the number one along with walking, jogging, track. Lap lanes, indoor running, walking are all at 20% or higher in terms of several times a week of use.
Features most likely to use, top four, senior services and programs, indoor walking track and running track, aerobics and fitness, lap lanes for swim lessons, and the weight room were at least chosen by 30% or more as the top four. None of these are surprises. These are the most dues we see across the country. In terms of how it's funded as well, again, a gamut as well. You can see 21% from impact fees, 24% user fees, 19% city taxes. And the eighty twenty principle, nearly 20% say, I won't pay for anything. Right? I don't support building it. It's just no matter what you ask, the answer is no. Best represents the cost for operations.
This is where majority say user fees, fees from the users should pay most of it. 100% through city taxes and fees are 17%, and 31% say should pay a majority while users pay a portion of it. So it's a gamut from all taxes to all fees to something in between. In terms of the 16 acres as well at Miles Square Park, again, you can see walking, jogging trails and aquatic facility by far were the top two, followed by playgrounds and outdoor exercise and fitness areas as the third and the fourth highest preferred and most likely to be used. Regional trails, aquatic facility, community gardens, outdoor exercise fitness area and playgrounds and picnic shelters collectively were the top five.
Can ask you a question? Of course. This one is about a cricket pitch. Did you put that in there?
How did you know? At least we got 1%. But, yes, you know, it certainly is growing as well. And earlier, we would not even hear much about it. Now it's gonna be in the LA 28 Olympics. It certainly continues to grow. We're working in East Wales, and they have one. They're looking at adding another one as well. Best represent how this should be funded. Again, very similar. Bonds, 17%. Taxes and fees, 25%. User fees, development impact fees as well. In this case, much fewer, only 9% do not support developing the site. So the majority, 91%, certainly do support.
And in this case, again, 34% said current taxes should pay majority of the cost. 28% said fees from the user should pay the majority. 20% said 100% through Citi's taxes and fees. This all cumulatively gets to the final two questions, is the priority investment rating. And what this gets to is the idea that all the survey questions, every amenity, every program choice was a three part question.
Is this something you have a need for? Yes or no? If yes, is this a need that's fully met, partially met, completely unmet? And then separately, is this important to you? So things that people may say are important, things that then they say they have a need and indicate the need is unmet goes to the top.
Conversely, you may have a huge unmet need for underwater basket weaving, which is important to three people, so it's not that important. You have a very high importance for playgrounds, but you've provided a lot of them, so it's not a high unmet need. So that's where as you look at leadership, the greatest good for the greatest number of people, what is important and the need that's unmet rises to the top. And that's what you see here are the high priority ones are the ones that have the greatest combination of importance and unmet need. The ones that are low priority are where it's either very low importance or very low unmet need.
So trails, restrooms, again, this is an indication of, again, how things have changed. I never saw restrooms that high till three or four years ago. The longer people spend time, the more they have kids there. If you've had young kids at one point in time or the other or have them now, you know their bathroom dictates how long you stay in the park. So a lot of that now is what's driving it. Nature park, pools, off leash dog park, community garden, shade and trees, outdoor exercise, splash pads, spray parks, etcetera, are all there as well. We usually see pickleball courts higher, but you do have them. There are others coming as well. So it's not that they're not important. It's still the fastest growing sport in the country.
But it's a much lower unmet need here because people do have them as well. Programmatically, very similar. Fitness and wellness programs continue to be the number one. Special events here are very, very high. Two of the top four really tied to that, special events and cultural enrichment programs. Testament to the diversity of the community and the fact that you have a lot of special events, and they want even more. So these are some of the things you look at as well. This is nine months of work in about nine and a half minutes. We're we're going to go through parking facility assessments quickly, but I'll pause for a moment. If you have any questions on this, I'm happy to address them before I
bring Doug up. Any questions from council? Yes.
Actually I do, Mayors. Okay. Well, first of all, you for the presentations of the survey. It's very helpful for us to take a look at it moving forward. But when I was looking at the survey, like you mentioned earlier, scientific and defensible, right?
That was the key right there. And there's four fourteen response and that's a 95% confidence level as you stated in your survey. But it would be helpful to us to better understand how this ensure the survey is statistically valid, physically responsible, equitable and build public trust and here I'm going with this. Who respond to the survey? I didn't see that.
Was it a homeowner or renters, family with seniors, youth, income level, disability? We don't know that. Since the survey was mailed out citywide as you indicate earlier, it will be helpful to know who respond and whether the result reflect the found by the real demographic.
Great question. So the word I use is reliable not valid. Right? Validity of data is different than reliability. This is reliable because, one, it is random.
Second, it's anonymous. So there is no way of telling you who responded, but we know which households responded because a survey company sends it to households only within your boundaries. And if anybody sends it to somebody else and it comes from another address, they are discarded because they are meant to be responded only by your residents. Homeowners or renters, either one of them could have gotten them as well. As we showed here, you can actually see the ages of who lives in the household, the gender of who actually responded to the survey, the race and ethnicity of who responded to the survey, and how long they've lived here.
We do not ask about abilities, physical ability or not. That is not pertinent within the survey results here. But these are the qualifying demographics that we do ask as well. So this, when actually matched against your city's demographics, your city's demographics are 49.5% male and 50.5% female. This is within the margin of error and very close.
The Asian population here is very close to what we see here as well, as is the white only population, as is the Hispano Latino population. So based on that, this is what gives us the confidence in the reliability of the data because who's responding closely matches who actually lives in the city at large. There is no other mechanism in any other process that can closely mirror your community's demographics. No online survey, no special event, no focus group can actually match that. That's why because it was random and anonymous to start, because the demographics actually match who lives here, that's why the reliability of this being within 5% of margin of error gives us the most confidence that what we see here actually represents the will of your constituents, not a loud vocal group, not a special interest group, not just users, but all residents and all your constituents.
Okay, great. In that case, were you able to identify any key populations that underrepresent, for example, seniors, working families? Were you able to identify?
So we didn't ask about working or not, right? That's not relevant to in terms of statistics validity. What we do know in terms of response rates, like I said earlier, you may have 13, 14, 16 year olds living in Fountain Valley, but not taking the survey, right? So that's in terms of the age group, it's usually the 18 that's underrepresented in taking the survey. That's why we have people answer, who will live in your household? And every question says, is this important to you or members of your household? So they expect that when I'm answering, I'm not just thinking of my needs as a 45 year old, I'm thinking of my son who's 12 and my daughter who's eight going on 28.
Okay. That's it. That's for now. That's for now.
Any other questions?
No. Just a comment. I appreciate all the effort that you put into that. That it makes a lot of sense. And statistically, it's interesting that I heard that from other survey companies too. The numbers kind of align. So that that makes I'm glad to hear that. And I'm super excited. I know Rob's gonna knows what I'm gonna say. I've been trying for seven years, eight years to get a community carded in a dog park, and I'm so excited to see those are ranked high. It's finally gonna happen.
And we're almost at time. Do we want to talk about the assessments or should we go quickly to the next steps?
I think for consideration of time, maybe we can accelerate just a bit. We have had the advantage of
reviewing this. Precisely, right?
And we've been brief, which we appreciate.
So suffice to say for the audience, the parking facility assessments were done for every individual site. Same for the programs, each of them were addressed. Generally, as a city, par for the course, you are above average, and there's always room to plus up the show. So we'll keep working towards that. Some of the next steps here, we will identify levels of service, show the mapping in terms of equity of access, tie it to a capital improvement plan to say what's it going to cost to upgrade, build new, maintain what you have, come back to the community and all of you just like we are, go through a visioning process, a draft and final plan and the final actual adopted plan, as Rob mentioned, in the next six months. With that, I want to thank you again for your time and the opportunity. Thank you.
Great. Thank you so much. Really appreciate it. Thank you also, Rob, for setting this up. Okay. We are going to take a quick recess. This will allow for family and and our guests to come in. So take maybe a
Okay. Five minute, two minute, three minutes.
Do five minutes. Okay. We'll come
back in five. Thank you.
Call this meeting to order at 06:10PM. Welcome. We will begin with an invocation from pastor Bill Staffieri. You would all please rise.
Let's pray.
Almighty God, we think of Psalm one twenty one. We look to the mountains. Where does our help come from? It comes from the Lord, the maker of heaven and earth. We thank you that, Lord, you can provide our blessing and protection. We pray that. This room is filled with people who serve this city, who want to, we we wanna pray your blessing on them, your protection on them. We're thankful for all those who want to see this city flourish. And God, we pray that you would show us well how to how to love our neighbors. And so we know tonight is a full night with a lot of important stuff to talk about and celebrate.
We ask your blessing. We pray for wisdom. We pray for discernment. We pray for a mutual care for each other, Lord, so that our city might thrive. We pray this in your son's name. Amen.
Amen. Thank you, pastor. Next, we'll have
the salute to the flag.
Please remain standing. Council member Kim Konseti,
will you
please lead us in the salute?
Sure. Please join me in the salute to our back. Ready, begin.
Thank you. Sure.
Next is city council. City council successor agency housing authority roll call.
Council member Bowie. Here. Council member Constantine. Here. Council member Grandis. Here. Vice mayor vice chair Harper. Here. Mayor chair Kunin? Here. All members are present.
Thank you. Any items on closed session item? City attorney Burns?
No, mister mayor. There was no reportable action.
Great. Thank you. Are there any supplemental communications?
We have none.
Okay. Alright. We'll move into city manager update. City manager Lee.
Yes. Thank you, mayor and city council. Calling all young artists, the municipal water district of Orange County is now accepting entries for the twenty twenty six water awareness poster contest. For more than thirty five years, this annual contest has encouraged Orange County students to use their creativity to explore the importance of our first our most precious resource. This year theme will showcase how water connects us all.
All Orange County students in grade k 12 are invited to illustrate how we can protect our water supply and highlight the many ways water brings our community together. A total of four winners will be selected across four grade levels. The deadline to submit all entries is 03/11/2026. To view the full contest rules and submission instruction, can visit Murdoch poster contest page at www.mw.doc.com and fountainvalley.gov. This year, we, the city, in partnership with Fountain Valley School District, will utilize the Murdoch contest and select one or two winners for our Art in the Box program, so the students will be able to see the art piece in our community.
Don't miss this exciting opportunity to showcase your students talent, creativity, and passion for water awareness. So, please share that with your friends, family, or any students that you know of. Thank you. That's it.
Thank you, senior manager Lee. Next is the mayor's update. The long awaited Popeyes has had their soft opening yesterday, January 19, and the city staff is working with them to coordinate a grand opening in the near future. Popeyes is located at Garfield and Brookhurst. Fulfill your southern fried chicken's cravings today. And I have to say,
when I got home last
night from a meeting, there was Popeyes on the counter, so it was great. Free health lecture, understanding heart attacks, stop by the centers at Founders Village Senior Community Center for an important and informative free lecture. Not after the Popeyes. So MemorialCare's doctor Tung, go, will help learn the signs, risks of what you can do to stay heart healthy. The lecture will be held on Thursday, January 22 from 03:30 to 04:30PM at the senior center.
Yeti or not blood drive, the recreation center is hosting its first blood drive on the month on of the month on Friday, January 23 at the Fount Valley Sports Park. Come by and help us make a difference together. Let's welcome the year of the horse. Celebrate Lunar New Year with the recreation center on 02/07/2026 from 10AM to 1PM. The morning will be filled with history, games, crafts, and activities.
For a project at 8550 it's called the park Parkside FV, notice is hereby given that the city of Fountain Valley as lead agency under California Environmental Quality Act or CEQA has prepared a mitigated mitigated negative declaration or MND supporting the initial study for the 8550 Warner Avenue project, Parkside FE. The project involves construction of three story, 72 unit apartment complex with 10 units set aside for very low income households and a one story amenity building. The MND is available for a thirty day public review period beginning 01/14/2026 and ending 02/13/2026. The Planning Commission I think I just read that. Okay.
And then lastly, it's time to crown a new mister Fountain Valley. This will be 02/21/2026 at 05:30 held at the center at Founders Village. Who will get the crown? There are five very worthy contestants, and so we encourage everyone to sign up and join us for the next crowning of mister Fountain Valley. Okay.
So that concludes the mayor's update. Next, we're gonna have a presentation recognizing Viet Nguyen on being named as a member of the 125 most influential people in Orange County for 2025. Vietnamian cofounder of Key Concepts moved from Vietnam to The US at age 16, originally intending to study IT and finance. It kinda changed a little. Luckily for Pilates, he made a detour in the culinary world opening soup noodle bar in 2014 in Buena Park.
This marked the creation of Key Concepts, which now has eight restaurants under its name, including the newly opened Kwa in Fountain Valley. So I'd like to make a presentation.
Oh, sorry.
So we had in in recognition of being named as one of Orange County's a 125 most influential people for for the year as the chef founder of key concept concepts, the city recognizes you and and wants to celebrate you this evening. So yeah.
Oh,
yeah. Zach.
We're not done yet. Sorry.
Morning, every or good evening, everyone. My name is Zachariah here on behalf of state senator Tony Strickland. He's the proud representative for the city of Fountain Valley in the California state senate. It's just such an honor to go out and recognize Viet Minh today for just how many things it's incredible. I was actually researching a little bit about his story, and it's just incredible, all the things that you've accomplished. And there's so many stories from across our district that are like yours. So we just wanna just recognize you today for the many contributions you've made to Fountain Valley, one of Park, and Orange County in general. Thanks so much. Of course. Well,
I like to say a few words, and I promise everybody this
is gonna take two minutes.
Alright. Well, thanks so much for being here tonight. I came here, I think I came to Orange County right around 2014. And I landed right here in Fountain Valley. And, it's timely because also I just being naturalized last year.
I just became a US citizen. I'd like to say, without this country, without this community, and without this city, I wouldn't be here. And this recognition is not just for me, me and 1,200 of our staff, about 800 of them in the city of Fountain Valley alone. So, you know, we're we're here to create jobs. We love creating jobs, and we we love to create magics.
Also, I wouldn't be here if my family wouldn't be here. Very happy that my dad is here tonight and my fiance. So Also, sorry we have to leave a little bit early tonight. It's her last night in America. She's flying back to Vietnam. She'll she'll be back here, but she, you know. You know what? We'll have to take her to the airport. But I love you guys all. You know, this city has given me so much.
My whole life, I'm turning 40 this year and, you know, I I can't do this without community support and, you know, this country. God bless America and may he protect our troops. Thank you for Maggie. Thank you for it's Ted. You know, they've been supporting me this whole entire time, and thank you to the whole entire city council. Thank you.
Alright.
Next will be the swearing in of new City Of Fountain Valley fire chief Chris Nick. Won't we clap? So we've got a statement that I'd like to read, and I think it it it recognizes lifetime of achievement. And so please please pay attention and listen closely. The city of Fountain Valley has appointed Chris Nigg as the as its new fire chief, bringing more than two decades of comprehensive fire service experience.
Executive leadership, and statewide influence to the Fount Valley Fire Department. Chris Nick joins Fount Valley from the city of Luverne, where he served as fire chief the past four years. He led the department through significant organizational modernization, strategic planning, fiscal stewardship, and numerous operational improvements. Over the course of his career, chief Nick has served in every rank in the fire service from firefighter through fire chief, providing him with a deep operational foundation and a leadership perspective informed by executive by experience at all levels of the organization. As fire chief in Luverne, he oversaw community risk assessment and standards of cover development, department wide strategic planning, response and deployment modeling, capital and apparatus planning, budget development, and organizational realignment.
His leadership emphasized operational readiness, firefighter safety, accountability Mama. And data driven decision making in service to community. Chief Nigga is widely recognized for his regional and statewide leadership within the California Fire Service. He has held numerous elected leadership positions throughout the state, which recently included president of the Los Angeles Area Fire Chiefs Association or LAFCA. He has been appointed to the California Fire Chiefs Association executive board as the deputy legislative director and is actively serving as the president past president of the California League of Cities Fire Chiefs Department.
In each of these roles, he contributed to local and statewide policy development and legislative advocacy. In addition, chief Nigg has held several other numerous elected positions, such as chair of the LAVCA Regional Training Group Joint Powers Authority, president of the LAFCA Regional Training Group Foundation, president of the LA area Foothill Fire Chiefs, and as a board member of the Los Angeles Regional Interoperability Communication Systems or or LARICS. Prior to his service in the Los Angeles region, he served as president of the Orange County Fire Marshals Association while serving as the fire marshal for the Fullerton and Brea fire departments. Chris holds a master's degree from California State University Long Beach. Go 49ers or sharks.
Bachelor's from Arizona State University, Sun Devils. And is an executive chief fire officer certified by California State Fire Marshal's Office. His professional fire service education includes multiple state certifications as a company officer and chief officer, as well as heavy technical rescue and fire and life safety plan reviews. As he assumes leadership of the Fountain Valley Fire Department, chief Nick is honored to join an organization with a proud history and a strong culture of service. We are now gonna swear you in.
Okay. You've raised your right hand. Please repeat after me. I, state your name.
I, Chris Nick.
Do solemnly swear
Do solemnly swear.
That I will well and faithfully
That I will well and faithfully
serve the city of Fountain Valley
serve the city of Fountain Valley
in the capacity of fire chief
in the capacity of fire chief
that I will respect, obey, and enforce
I will respect, obey, and enforce
the laws of the state of California
The laws of the state of California.
And the laws, ordinances, and regulations
And the laws, ordinances, and regulations
Of the city of Fountain Valley.
Of the city of Fountain Valley. Valley.
As well as the rules and regulations
As well as the rules and regulations
Of the fire department.
Of the fire department.
Further, I accept the badge
Further, I accept the badge of my office of my office
as a symbol of my responsibilities
as a symbol of my responsibilities and public trust
and public trust. And I promise to hold sacred and I promise to hold sacred the objectives and ideals
the objectives and ideals
of the fire service of the fire service as my chosen profession
as my chosen profession.
So help me, God.
So help me, God.
Let's give him a congratulations.
Before I turn it over to Chief Chris Nieg, I wanted to go ahead and acknowledge and thank our former fire chief Bill McQuaid for his support and also our acting fire chief in the last year, Tim Sakey for all of your support. And, I want to thank the department as well for everything you've done in the last year. And, I want to welcome Chris to our executive team. Thank you for being patient with us, with the process. And, we are excited to have you in in the city of Fountain Valley.
We're excited for your leadership. And, we are excited of your partnership with our fire department in serving this great community. And, we look forward to what you will bring in 2026 and beyond. Thank you.
Alright. Wow. Thank you everybody for being here. Good evening, mayor, members of the city council, city manager, other elected officials and their representatives, chiefs in the room, labor partners, members of the Fountain Valley Fire Department, family, friends, and honored guests. Standing here tonight is both humbling and deeply meaningful.
I'm grateful for the trust placed in me, honored by the responsibility that comes with this badge, and genuinely excited for the opportunity to serve the city of Fountain Valley and the men and women of this fire department. Before speaking about the future, it's important to acknowledge the circumstances that have brought us to this moment. This department experienced a profound loss with the tragic passing of fire chief Bill McQuaid. His loss was felt not only professionally, but personally by colleagues, families, and a community that depended on his leadership. I wanna pause and recognize chief McQuaid's service, his legacy, and the impact he had on this department.
I'm mindful that I step into this role carrying both response both responsibility and remembrance, and I do so with great respect. Tracy McQuade, where are you? Thank you for being here tonight. It means a lot. Congratulations.
Thank you. In
the months that followed, this organization benefited from steady professional leadership under acting fire chief Tim Saiki. Stepping into that role during a period of loss and transition is no small task. It requires judgment, humility, and a commitment to the organization above self. Chief Saike, I wanna sincerely thank you for providing continuity, stability, and care for this department when it mattered most. Fountain Valley Fire is better positioned today because of your leadership. Where are you,
brother? Thank you.
I also wanna recognize president of the firefighters association, Russ Martin. Where are you at? From our earliest conversations, your approach has been one of openness, professionalism, and partnership. You took the time to welcome me to candidly share the interests and priorities of the labor group and to ensure that I understood the perspectives of the firefighters you represent. I value that honesty.
I respect the role that you play, and I look forward to continuing a collaborative, trust based relationship built on mutual respect and shared purpose. Before going any further, I wanna say this clearly. This is an outstanding fire department. I've had the privilege of leading a strong and respected organization as a fire chief prior to coming here, and I am no stranger to what excellence looks like in practice. I've seen busy busy departments, high expectations, resilient people, and cultures built on pride and professionalism.
Those same traits are clearly present here. Fountain Valley Fire is a busy, highly capable, and deeply respected fire department throughout the region. The call volume, the complexity of incidents, and the expectations placed on this organization are significant, and yet this department continues to perform at a high level day in and day out. What stands out most, however, is not just how busy the department is, but how it carries itself. There's a strong sense of pride here, pride in the job, pride in the uniform, pride in the community that you serve.
I've already seen a department that is resilient, professional, and unified, and one that shows up for each other and for this city no matter the challenge. The culture within Fountain Valley Fire is real. It's built on trust, accountability, and a shared commitment to excellence. That culture is not created by policies or titles. It's created by people, and the people of this department are its greatest strength.
It's an honor to join an organization with this reputation, this work ethic, and this level of pride. None of this would be possible for me if it wasn't without the support of my family. My wife's been my constant anchor through the demands, long hours, and emotional weight that comes with this profession. Fire service leadership does not end at the station doors or my office for that matter. And it just asks and it asks just as much of our families as it does of us.
Her strength, patience, and belief in me are critical to my success. To my family, thank you for walking this path with me and standing beside me tonight and my extended family here. As I look ahead, I wanna be clear about how I view the immediate future. The first chapter of my time here is not about sweeping change or quick declarations. It's about listening. It's about learning. It's about understanding the culture that already exists and honoring the people who have built it. My early focus will be on will be on getting to know our firefighters, our chief officers, and the professional staff as individuals, spending time in the stations, on the floor, and in the field. I get to ride out again on the fire engine. That's cool.
And listening to what is working well and where we can improve and be better. And conducting a thoughtful analytical review of our operations, risks, and organizational systems. Only after that foundation is built can be a meaningful vision truly take shape. That vision will be grounded in data and best practices, but guided by people and values. It will emphasize professionalism, readiness, wellness, and pride.
It will respect the legacy of those who came before us while positioning this department for the future. And above all, it will focus on taking care of our people because when we do that well, everything else follows. I believe deeply in servant leadership, accountability, and creating an environment where people are trusted, supported, and challenged to be their best. I'm incredibly proud to wear this badge, honored to serve alongside you, and committed to earning your trust every single day. Thank you, everybody, council, fire department personnel, for the warm welcome. Thank you for the opportunity, and thank you for allowing me to serve as your fire chief.
I'd like to call up Zechariah to present on behalf of state senator Tony Strickland. Welcome.
Hello, all. It's me again. I have the honor again to be here just to go out and congratulate and thank and just for all that he's already been doing. Even before he got sworn in today, I was at a Fountain Valley Rotary meeting who a lot of people are here from there today. But it was at 07:30 in the morning.
He's already putting in early hours even though he hadn't even sworn in yet as chief. So you guys have a worker here, and and I think as city manager Maggie Lee was saying, it'd be a mistake to not mention former chief Bill McQuaid in this as well. He was one of the first faces that I met in this community, and he always was so very kind to us in our office and just me as a person. Just it it would be a mistake to not recognize him for his service as well. But to also just go and congratulate you, welcome you to our community and just offer my hand up to our office and say we're here to help. Congratulations.
We're gonna take about fifteen, maybe twenty minute recess. We're gonna be walking towards the back, city manager Lee, and there'll be photos. And so we'll start back here probably around seven. Thank you. So council colleagues will.
We're gonna resume our meeting. First City Council successor agency housing authority public comments for unscheduled manner matters only. Are there any requests to speak?
I have three requests to speak. Okay. First, Katie Wright.
Someone gave me these and I kind of agree with them. So I'm here on a non agenda item. I just wanna point out a lot of people don't understand when you talk about the meetings coming up for committees, commissions and boards. Someone I spoke with didn't understand what any of that talk was about. Now I know the deadline has already passed, but it's a situation where people that are interested in serving on planning commission or any of the committees or any of the boards fill out an application and then they get interviews. I would love to cordially invite everyone to those interviews. As a member of the public, I have the right to do that. It's a public meeting. A couple years ago, I attended and it was very unusual. They weren't accustomed to people showing up.
And the then mayor asked me twice to basically, he tried to guilt me into leaving saying, you know, you're gonna make people uncomfortable by your presence. Don't you think you'll make them uncomfortable? I said, I don't think so. If they're running for planning commission, if my being present in the room is gonna make them uncomfortable, that's kind of a them problem not a me problem. And in that meeting, I sat through a couple of interviews and again, it's a public meeting everyone's invited to be there.
And then I got to thinking, maybe I am being unfair. So I asked the city council members between interviews, I said, I would like to ask all of you, do you think that I'm being inappropriate by sitting here? Well, knew council member Constantine's attitude would be very much pro me being there because she had actually told the public, hey, come on out and watch these interviews. And I asked all the other members. I knew what the then mayor was gonna say because he was trying to guilt me into leaving.
But as it happened, one person did speak up on my behalf. That was Patrick Harper. He said, no Katie, you stay right where you are, you have a right to be here. But I want to point out for everyone to be aware, we do have an election coming up. Two of the other people sat there stone silent, didn't say a word, didn't offer me as a member of the public any encouragement at all.
That was Ted Bui and that was Jim Kinneen sat there silently allowing me to be bullied. Two people stood up for me and I want you to all start showing up at these public meetings and paying attention. These interviews are a master class in learning how to pass a panel interview. If you are just coming out of high school and you don't know what you wanna be yet, but you know you're gonna have to interview for jobs, come to these meetings. You're a member of the public, you're entitled to be there, and you will learn so much about watching how a good interview is conducted. Thank you very much.
Next speaker is Vicki Johnson. Vicki? Yeah.
Welcome.
Good evening, city council, mayor, vice mayor. My name is Vicky Johnson, and I am a monitor of the Orange County Power Authority because I lived in Irvine when it started and OCPA targeted my retirement community Laguna Woods. And I have a handout to be passed out to you. Hopefully, you'll review that. The Orange County Power Authority has ended the 3% discount off of SCE.
In 2026, OCPA will not offer a discount on on SCE for any of its rates. OCPA stated their rates will be about 12 to 16% higher than SCE, and it works out to about $20 more for an average resident. OCPA has steadily lost millions since Fountain Valley joined in November 2024. Their reserves are down by half since then from 90,000,000 to 40,000,000. So OCPA raised its prices over 13% in October.
An Irvine City Council member and former OCA board member said, this hike is predatory. On January 1, in contrast, SCE lowered its rates 3%. Not only Fountain Valley has joined OCPA since OCPA started in 2022. Three initial members exited and other cities OCPA has targeted did not join. A few months ago, October 2025, Costa Mesa's Finance Committee recommended not joining OCPA to wait for OCPA to mature and get stronger financially and they expressed concerns about affordability.
Friction with Irvine continues. The latest California Energy Commission reports states that OCPA's emissions were nearly twice of that of SCE for the service tier that Fountain Valley chose, which is called Basic Choice. Now, OCPA's not offering any financial or environmental benefits for your residents or businesses. What's this 12 to 16% price rate hike going to cost the city? How about your budget?
How are residences going to feel when they find out all of them have to join OCPA in October? I recommend that you agendize a vote to exit OCPA now before service starts. And that's what the County Of Orange did. They joined, but then they exited before service started because they saw OCPA was in trouble. There's no honor lost in doing so. I recommend you consider that. Thank you.
Mike Rao.
Welcome. Thank you council members. I always appreciate your welcoming spirit. I come to appeal to your better angels, although I will say some hard things today. I'd like to discuss fiduciary duty.
You who are board members of OCPA have a fiduciary duty to protect the financial standing of the power authority. And as city council members, you all have fiduciary obligations to protect the citizens of your communities. But these fiduciary duties are in glaring conflict. OCPA has been losing a lot of money draining reserves to $40,000,000 last year and continuing. So last week, OCPA did a shocking thing.
They dropped their 3% discount on basic choice and fixed the rate to about $20 per month higher than SCE will charge. So city council members, what should your OCPA representative do? Accede to the power authority or protect your citizens, the rate payers from higher prices than SCE would charge. You see the conflict, don't you, in fiduciary duty. Don't forget, you voted for OCPA affecting every resident who will be opted in by saying it would save money.
Please exit OCPA before your residents and businesses see what a mess you got them into. A $20 per month rate hike on electricity will not be politically popular. As Vicky said before, please agendize this diversion of please agendize discussion of OCPA's financial impacts and consider exiting soon. Thank you.
Mister mayor, I think it would be appropriate at this time. I'm planning on giving this in my a b one two three four comment as the city representative for OCPA, but I think it might pertain better if we do it now if
that's okay. Sure. You have the floor.
Thank you. So at the last OCPA meeting, we voted to hold our rates steady. We are not raising rates at all. We are basing it based on what the 2025 rate is. In the last meeting, had speakers who came up and were concerned that our price went up 13¢ or 13%. And what we do is we follow OCPA. So I'm sorry. We follow Southern California Edison. So Southern California Edison raised their price. And since we were 3% below, we raised our price too.
And what was happening is Southern California Edison has changed their rates approximately six times per year, and it's like a roller coaster. And every time they change the rates, OCPA changed the rates right in line with it. So what I felt was better is let's take the rate that we have right now, and let's hold it for all throughout 2026. So if the rate goes up on the next rate increase 20% or 18% like it did last time, OCPA is gonna stay flat through the year. So the price you're paying will be the price that you pay for the entire year.
It is correct that Southern California Edison in January did reduce their price. It's my expectation and and I think what we've seen over history is that in their next price increase in two months or a month and a half from now, it's going to go back up, but we're going to hold steady throughout the year. So the price you're paying is the price that you're going to pay for the entire year. The other thing that we talked about, we set the budget for the year. We expect a breakeven budget for the year.
So that's kind of what we set the goal for. I also have some information that they provided on what OCPA does besides provide green energy and besides providing competitive rates. It's what they do for the community. Again, OCPA is a not for profit entity. And what they do with profits or with any excess that they do get is they invest back in the community.
And here's a few of the things that they did. So they had some pilot programs. They gave out rebates for 47 e bikes, 204 free level two EV chargers, and sent out 48 approvals for a thousand dollar rebate on residential battery storage. Again, green energy, it's the rebates and programs they invest back into the community. They've also given out almost 1,500 free energy efficiency kits and given away over $300,000 in grants to community based organizations.
I see a lot of people here from the various nonprofits in our community, and you could see OCPA is investing back in our nonprofits for community events. And then next month, staff will preview a new program that specifically supports renters with portable heat pumps and portable batteries to help them save on at home energy cost. They're also doing a green discount program that should be approximately 10% lower than Edison for those that are in need. So I was planning on doing that later, but that's just my quick update.
Okay. Thank you, Councilman Grannis.
Councilman Bui? Yeah, Mr. Mayor. Since I'm alternate on this subject matter as well, if he brings it up, I just want to bring out a few points. It is absolutely true that OCP have done a phenomenal job as giving back to committee.
It's not this committee, but any community that they're participating in. But we were under we always believe choice is always good for the community, right? And OCPA when they came on board, that was a choice for people to either stay with Edison or opt in with OCPA. The question here is, as the current rate, like Councilman Granges has said it, that currently, we'll be paying 12% higher. So the question is, if we are paying 12% higher because we no longer have the discount, then at that point then all the resident should not be managed to be put into OCPA.
They would have a choice to opt in, not mandate it. Currently, the way it's said is, when we roll out, you will be automatically rolled in and pay high tiers. The reason for having OCPA is capitalist, right? Capitalism, right? You understand? You have trained that you compete for the business. So Edison understand there's a competition that brings down the price. That's
We want to make sure the comments stay brief because this is a non agenda item. Understood.
I'm just putting the point why they why Edison weighed down the price, bring down the price is because they understand OCPA is going to take a market share. So they become a competition for Edison. So they work our way around. So my point is, if that's the case, then the residents should have a choice to opt in, not being forced by then you have to opt out. And most people may not know how to opt out. That was
my So just to clarify, state law states that you must everybody must be placed in and then you opt out. So if yeah. I know you're the alternate, but you must not attend the meeting. Well, you don't attend the meetings. But you but you have that state law.
We really don't wanna have a back and forth on this item.
Yeah. Yeah. I just
wanna clarify the erroneous information he provided. Okay.
Thank you. Are there any other request to speak on on scheduled matters?
I have no further request to speak on unscheduled matters.
Moving to public comments scheduled matters only. Do we have any requests to speak?
Just a couple on item nine and twelve.
Okay.
So we'll move into consent. Hey, we'll move into consent. Consent calendar items one through eight will be approved simultaneously with one motion unless separate action or discussion is requested. Does anyone wanna remove any item?
Yes, mister mayor. I'd like to pull item number seven.
Item seven is pulled for discussion. I will then ask for a motion on the balance.
I may I move to move approve items one through six and then number eight, please. Is that correct? Yes.
Correct. Thank
you. I'll second. Okay.
Please vote.
Items one through six and item eight pass five zero.
Item number seven was pulled by Councilman Bowie. Would you like to comment?
Yes. I do want to get clarifications. Last time when we vote this is to approve this item was last year. And my I just want to get a clarification. I thought my understanding was it was for a study session to figure out if we should move forward or not. I was looking at my note and that's my that was my understanding. So I just want to get a clarification on that.
We did approve it last year.
Right. We moved forward and I thought you'll bring it back some more details. But here is to move forward, so I wasn't sure if I
Okay. I'm sorry. I was not aware that it was to a study session.
Okay.
May, if it's possible, Lieutenant Williams can go ahead and present the item. And then based on the city council interests at this point in time, if you want us to continue this item for a study session, please direct us or if you want to go ahead and move forward with what staff is presenting tonight, please let us know. So, go ahead and proceed with the presentation.
Please proceed.
Okay. So staff is recommending that we approve a resolution a resolution for the city of Fountain Valley to implement preferential permit parking on specific holidays on Easter, Cinco de Mayo, Mother's Day, Memorial Day, Independence Day, and for Labor Day of twenty twenty six. We established this to provide parking for residents and their guests surrounding the residential areas around Mile Square Park and Centennial Park, and this is to allow them to have space to park in their neighborhoods during holidays and park events. There is no cost to the city to do this. All enforcement will be conducted during staff time, and residents who live around those areas within the residential parking district where they would be obtaining the permit would be given a permit.
They would have to show proof of residency that they do live in those districts, and they would be giving up given a permit that shows that they are able to park there on their public streets for those specific days. Staff is recommending that we approve that to go ahead and move forward with authorizing these permits.
You. Councilman Newley.
Thank you, mister mayor. So I I'm I'm sorry if I if I spoke some of my concern to our senior managers and our senior attorney at that time, and I didn't get a chance to talk with you to some of my concern. I hope they did get a chance to talk to you. So perhaps I can ask some questions so you could help clarify for tonight.
Yes.
So I was looking at the report, and obviously, there is going to be some change that needs to be made on the report such as, for example, in the report, it talks about six holidays, right? But on the report itself, it also talk about another date, February. So if I'm counting the six holiday plus that, so it's going to be very confusing. So how many days is it actually? So as if we could make sure we can if we approve the clarification, that is to remove on those day. And I I think my senior measure has caught that. Yes. When I
It's actually not Lieutenant Williams. It it was actually on my end. I included potentially Lunar New Year weekend, and so going back and forth. And I removed other areas, but I did not remove one category which is under the recommendation so that was not Lieutenant William, it's on my end.
Okay. And another concern that I have is talk about indefinite permit validity. It's concerning because over time, you know, the resident might no longer be there. They might move out to a different city but because the the detail sticker is forever, in other words. So how are you going to enforce that? Identify, you know, those who are current resident and those who are not resident.
So they do have to come in and apply and fill out an application to show proof of residency, and then we do keep that on file at the police department. The permanent decals are typically not used for the holidays. Those are in specific parking districts where it is parking by permit on a daily basis. Those are usually not used for the holidays. So they would not use the permanent parking stickers on holidays.
Okay. And another one is I was concerned about residents that have special needs services such as health care providers and they come on the holidays because they just made the phone call but yet they don't have a sticker. And if our enforcement comes by and find it and obviously they will issue them a ticket because they don't have the proper decal on the car. Do we have mechanism to ensure that those people who come and service those who needs internal health care will be will not be cited?
Yes. We do. There is a way that they can contest or appeal the citation through our third party, which is p ticket or turbodata.com, and they can just put their comments in there and explain why they were there if they did not have a guest permit inside their vehicle, and that can be dismissed.
Okay. Great. Alright. Thank you.
Mister mayor.
Start with councilor Yeah. Granted and then
Constance. Lieutenant Williams. The residents who we have these parking passes for voted to put this in, didn't they?
They
did. So this is something they asked for and they want?
Correct.
And this is something that we've been doing how many decades?
Probably about twenty to thirty years.
Twenty to thirty years. We've been doing this that the residents want, and we're doing it. So I'm not concerned that somebody who used to live there may wanna go park, not at Mile Square Park, but in a neighborhood surrounding it. You know, if they do, well, that's fine. Know, I I think the issue is not an issue. So with that, I just need to make sure the residents understand this is a long standing tradition that the residents themselves voted for.
Councilwoman Costerstein.
That's what I wanted to say too. Ever since I was elected to city council, we every single year, we go over this. And thank you so much for your presentation. Appreciate it.
Thank you very much.
I'd like to move the item.
I'll second.
Can I clarify? So are we including February or not?
No, we're not aware that there's any activities going on at this point in time.
Okay. Alright. Thank you.
Okay. So we've got a motion from Councilman Grandis. Is there a second?
Yes.
Sorry, Rick.
Just waiting on councilman Constantine.
Oh, I'm
sorry. Item number seven passes five zero.
Okay. Moving into administrative items. Item nine, annual comprehensive financial report for the fiscal year ended June '20 06/30/2025 presentation by finance director Ryan Ryan Smith. Welcome.
Thank you. Good evening, mayor and council. This item tonight is a presentation of our annual comprehensive financial report for the fiscal year that ended last June, 06/30/2025. So the audits that were completed last year, we we had our annual city audit, and that included auditing all the city's financials, and that's summarized in this this report. We had a GAN AUP review, and that has to do with appropriations limit that the state says we have to be within an appropriation limit for the city, which we're well under.
And we also had a Measure HH AUP review. So the the auditors looked at our Measure HH expenditures and verified that the information that we're presenting that we will present to the Measure HH committee and ultimately to this body was was accurate. So some of the highlights of the last fiscal year. Our total net position for the city is 222,000,000. That's an increase of 18,600,000.0 from the prior year.
The net position of governmental activities, and that includes our general fund, special revenue funds, and capital funds, increased 12,500,000 since the prior year. And the net position of our business type funds, which includes our water, sewer, and solid waste funds, increased 6,100,000 since the last fiscal year. Citywide revenues were 125,000,000, which is an $8,100,000 increase from the prior fiscal year. And the citywide expenditures were 106,700,000.0. That was an $11,000,000 increase.
The total general fund balance was 88,900,000.0, which represented an $8,800,000 increase from the 06/30/2024 general fund balance. So the governmental fund balances, the combined fund balances were 116,300,000.0. And again, these are general these are governmental funds, which is general fund, special revenue, CIP. Our general fund balance, 88,900,000.0. That included 88,600,000.0 in revenues, 79,800,000.0 in expenditures, which ultimately led to an $8,800,000 general fund increase.
Other governmental fund balance was 27,500,000.0, a $200,000 increase, and that included our special revenue debt service and capital funds. So some of the highlights of how we got to the $8,800,000 surplus. It it's it's somewhat subjective to say how exactly the surplus, but we can look at our differences between what we had budgeted. So where did we where did we have gains against our budget? So we had 1,600,000.0 in interest earnings in our one fifteen trust accounts, and that that's not budgeted.
Those accounts are invested and are completely dependent on stock market returns for the year. So we don't try to predict what the stock market's gonna do for the year. So this last fiscal year, we had 1,600,000.0 in returns for that for those accounts. We had 1,400,000.0 in unrealized gain in our market value of our city's investment portfolio. So that's gain on the the market value of what the holdings that we have in the portfolio.
That isn't realized currently. It's just the market value. If we were to sell our holdings, we would then realize those those gains. We had $1,000,000 in interest above our budget projections. So we continue to have a good interest environment in our investment portfolio throughout the year, and it led to $1,000,000 more than what we had projected through the budget process.
On the expenditure side, we had 3,200,000.0 of unspent CIP funds, 3,300,000.0 in salary and benefit vacancy savings versus what we had budgeted, and 3,000,000 in operation savings versus the budget. And one thing we do want to note is that we had an 8,800,000 surplus. We also have about $13,000,000 in capital projects scheduled over the next two years that are going to be using reserves to do those projects. So this surplus will go right back in to those projects that are going to be completed over the next two years. The proprietor proprietary fund net position, our water utility fund had 43,200,000.0 fund balance, which is a 4.5 or sorry, net position, is a $4,500,000 increase.
The sewer fund, $18,000,000 net position, which is 1,700,000 increase. Our solid waste fund has 1,300,000.0 fund net position, which is $26,000 decrease. And our internal service funds had a total balance of 18,900,000.0, which is a $1,800,000 increase. City recently received our GFOA certificate for the prior fiscal year ending 06/30/2024. The reason that this is important is that it it shows that the city's ACFR report is following the GFOA guidelines, which are set out for every city to ensure the readability of the the document.
So regardless of what city you look at, their annual financial report is gonna look almost identical. The only thing that's gonna change are the the numbers and the the circumstances in them. So our recommended action tonight is to re receive and file the annual comprehensive financial report for the fiscal year ended 06/30/2025, and I'm available for any questions.
Thank you. Finance director Smith. City Clerk Miller, are there any requests to speak?
We have one request to speak. Steven Schwartz, who was on Zoom. Steven, I'll ask you to unmute.
Good evening. Can you hear me?
We can hear
you. I just wanted to talk a little bit about the finances. I realize this is the finances for last year, and we're now in the next year. But I didn't notice in the information, at least in the agenda, that the twenty year plan was included as part of this. And as a member of the HH oversight, I was hoping that whenever we talk finances, we would be looking at that.
I think it's very important for you to keep in the forefront so that residents are aware that HH has made a big difference in the last eight years. And that when we don't spend money wisely, it's HH money that we're spending, which we can't spend for protecting our pensions or our services. And that twenty year plan really shows that well because it shows when it sunsets in twenty thirty seven that the city, because of HH, will have a balanced budget and will be able to exist without sales tax. We forget that, then we get to 2037, and we still have a problem. So I'm just bringing this up for people to be aware of because there's plenty of decisions that we make that have to do with with our finances.
And I guess the other question I have is with that twenty year plan, if we expose ourselves to any other legal problems with the charter city, is that gonna impact us positively or negatively? Thank you.
I have no other request to speak on this item.
Are there questions from council?
I do. Thank you. Yeah, I just want to congratulate you on the this report. It's really thorough. If anybody's interested in reading through it, there's ton of great information that shows there's reports for that show you over the last ten years various financial information.
And I wanted to point out along with you know, Mr. Schwartz's comments. For the last four years, we've made an additional pension payment of $3,000,000 per year to pay down our pension liability above and beyond what we are required to do. And that's, you know, being good stewards of the city's fund. So I want to point that out.
And also, in addition to Mr. Ryan Smith, he mentioned special thanks to Peter Samey, our Accounting Manager Robin Harnish, our Finance Manager and Deborah Beckley, Accountant. I wanted to thank all of them individually and job well done. Thanks.
Any other comments from counsel?
Do. Mayor?
Councilman Bui.
Okay. Well first of all I've dive into this report and it was extensive. There was a lot of data in there. But I did not find any material that raised concern of red flag were identified by the independent auditor. So congratulation to our senior managers on you as the or our Finance Director.
There was no compliance violation as well, so which is good by the city. But what I find a little bit lack in the report, and I'd like to see if we could add that in the future is the council member annual spending total by name. It was not identified. The quarterly council member spending report is not itemized in the register of demand either. It's just book.
But what is it for? I think the public it's fair for the public to know what we spend the money for. The city manager spending under 50,000 if it's possible to have a report on that as well. It's just dollar amount, but itemized will help us because it's not tied into any contract or anything because it's under $50,000 threshold that we authorize the city manager. And I think that will be helpful for the public to see the full transparency of each one of us. And let's talk about oversight, right? And I think a good oversight is make sure the public could see all that numbers. Thank you.
Councilman Grandis?
Yeah. I I would like to add to that. I'd also like to see how much the city attorney is charging per council member as well because I think that's gonna be very telling.
Absolutely. Yep. Any other questions from counsel? I did want to make a comment. We're looking for an unmodified report. It's kind of a way of saying no further action, but that's actually a good thing. And so congratulations on receiving an unmodified report once again. I think this is a receive and file item, so no vote. Correct.
I'm sorry. One other comment I want to make is I don't want to end on a negative note, but that's great. We had this surplus. I understand we have some projects that are delayed that, you know, would have used some of these funds. But I think it's again, I wanna say that in the past, prior to you coming on board, we as a board, all of us, didn't always trust the numbers that were coming because they were all over the place. And you've done a solid job, and your entire team needs to be commended for that. So thank you.
Thank you.
City Manager Lee?
Yes. I wanted to go ahead and add as well. I want to show my appreciation for my executive team, especially my finance director and his finance team. His goal to have an accounting manager to achieve this report before the end of the calendar year and he did accomplish that with the hiring of Peter. So, great job on his accomplishment in that area.
And he always strive to continue to improve in those area. And I want to acknowledge and point out that our finance team, our team in itself actually go above and beyond the standard requirement of the reporting and that needs to be recognized and show appreciation. And I really appreciate City Council continued support in our city staff and the work that we do and the positive impact that we've done with my executive team.
Great. Excellent work. Thanks so much.
And if I may, I just to echo what council member Harper said, my team really does the the the most of this work. And Peter, our accounting manager, has come in and really given us good structure and got us this report before the end of the calendar year. And also Robin, our finance manager, Deborah, our accountant, and Jenny, our management analyst have done a lot of work to get this report to us in a timely fashion. So I just want to recognize them as well.
Great. Thank you so much. Okay. Moving on to item 10. Approve the agreement with Hoag Corporate Health for a three year term to provide NFPA fifteen eighty two compliant annual fire train firefighter medical evaluations replacing the current provider, Concentra. Presentation by fire captain Nick Fasulo. Welcome.
Thank you very much. Thank you for this opportunity. I'm really excited. This is the first time I've got to give a presentation to everyone here at Citi. Alright. Also, like a longtime listener, first time caller situation.
pressure.
Yeah. There's a lot of pressure. I thought this was gonna be pretty straightforward and then we had all this tonight. So yeah. Thank you. I'm working on this presentation for you tonight about changing our annual health our annual physicals, the health care provider that we're using from Concentra to Hoag Health. I tried to keep this relatively brief, so hopefully, we can just jump right into it. I got a little cheat notes here. Let's see if I can do it. Okay.
Quick background on our annual physicals. We've been the city of Fountain Valley has been allowing firefighters to have annual physicals for years and years now. It's no secret that due to our profession, we're at increased risk for multiple injuries and illnesses, and this is an avenue for us to address that problem. The intent of physicals is really just for early prevention for injury and illness so that we can address things and hopefully prevent health problems from getting worse and address them early on instead of later stages where options and treatment isn't gonna be as effective. Along with that, another objective of our physicals is something that we don't, or gets overlooked on occasion.
It allows us long term trending of our medical data for ourselves so that we can trend our physicals, lab work over a long amount of time. If you remember, we recently added, as an example, the heavy metals testing in our annual physicals. And that's gonna afford our members and our staff the opportunity to track and establish baselines and make sure that we're not gathering these heavy metals over the course of time. And if we are, we can address it in a timely fashion. These are types of the objectives we're hoping to get out of that out of our annual physicals.
The annual physicals have always been contracted through qualified health care providers, and historically, we've used the same provider to provide workers' compensation services as well as our annual physicals. So it's been the exact same provider. Basically, we're going to the same place for both. The city's current provider for these services is Concentra, and Memorial Prompt Care was our previous provider. So that begs the question, why are we considering a change?
What what's the reason behind this? Combining workers compensation services and annual firefighter physicals under a single provider has led to some interesting administrative challenges in the past. One of those challenges being billing. We've had bills sent directly to to firefighters when it should have been sent to the city. That was a big mess, hard to undo.
Another big challenge administratively that happens when you're all under the same roof is confidentiality. As you know, really workman's comp is one lane and our annual physicals are another. When you're in the workman's comp lane, the communication about the patient, there's a lot of discussion between the city, there's a lot of communication that goes back and forth, but our annual physicals are confidential. Sometimes that line gets blurred because we're kind of using the same person to do both.
Over the last couple
of years, there have been some observations, some variations in the consistency and the thoroughness of individualized evaluations at Concentra. The current provider and staff, they don't specialize in first responder patient population. Concentra is really great at the workman's comp. They're kind of a one stop shop. However, we've identified the goals of our annual physicals are really specialized evaluations of firefighters and the risks and the ever changing risks that we're being presented with when it comes to our health.
The fire service is trending towards a proactive, preventative, and evidence based care that addresses our unique stressors for firefighting, causing improved functional physical fitness and occupational disease prevention and minimize injuries along the way. So we started to look around, tried to find out what our options were to address this and maybe find a better provider for us. Myself, Chief Psyche, Tanya, we began to ask other agencies what they've been doing. Well, turns out Hoag Health, created a actual first responder program for annual physicals. We toured their facility.
We met their staff. They answered all of our questions. We met with their physicians. We were very, very impressed with their direction, what we saw. Their goals are our goals on what we want to accomplish in these physicals. Hogue is an established local healthcare system that's providing consistent, high quality, comprehensive annual physicals. And the real kicker here and what really sets them apart is their physicians are familiar with the firefighter's specific occupational health needs. They know what's coming. They're trending with what's important. New things are happening all the time, like my example of heavy metals.
That's a new danger on our plate. Hogue also provides part their physicals are completely NFPA fifteen eighty two compliant, and they're also they also meet all the OSHA regulations that we need them to adhere to to be able to complete our physicals. I talked a little bit about the surrounding agencies that use them. They have an excellent reputation. We did our due diligence making sure that the reviews from other people were very, very good.
Kind of continuing, Hogue is really the most well positioned health care provider to support our firefighter specific preventative health care because they really are on top of the evolving problems that we're we're challenged with. We feel like they're going to be able to, like I said, partner with us in a very comprehensive way that we think is gonna be great. Let me see that I got ahead of myself a little bit. Onto the important part, the financial analysis. I'll skip to the good part about this.
There's no additional budget impacts that are gonna occur from us moving our contract from Concentra to Hoag. We were able to utilize a piggyback off of the RFP that Huntington Beach used, so it transitioned very smoothly. And if you look at the slide, can see that currently we're the there will be an intrinsic or an immediate cost savings, excuse me, by going to Hoag. The per employee cost per physical is less at Hoag than what we're currently paying at Concentra. So we feel like we're going to get better service, a great product for less.
So that's why I thought this was gonna be an easy one for me to start with. Our recommendation is to approve the agreement with Hogue Corporate Health for a three year term, and that's what I've got for you. Any questions?
Just checking. City Clerk Malarny.
We have no requests. On this item.
Okay. Okay. Are there any questions from council? No?
I think you
Actually, just just a quick comment. First off, man, you're a pro. Great job. You got to do that.
It's I said, can I say some jokes or anything? It's almost like, brand new chief is here.
careful. Know how hard
it was for you not to make faces.
You're right.
I'm struggling. I couldn't
Now this is a great program. I know you guys put effort into this, and you say you're saving us money. I mean, it's a no brainer, so appreciate it.
Okay. Thank you so much for your presentation. Thanks. Great delivery. You nailed it.
Appreciate it.
I'll move to approve.
I'll second. Okay.
Motion and a second.
Item number 10 passes five-zero.
Okay. Thank you.
Next is item 11, amendment number two to extend contract number 21Dash50 from 07/01/2024 through 06/30/2026 with Airwave Communications Enterprises in the amount of $541,083.35. Presentation by police sergeant Bill Hughes. Welcome. Good evening, everybody.
Alright. For this in a nutshell, City of Fallon Valley entered into an agreement with Airwave Communications up in the City Of Commerce for upfitting of police vehicles in July 2021. That was a one year contract, which expired in 2022. Despite the expiration of that contract, Airwave Communications continued to to upfit our police vehicles for us, and it was caught the lapse in the contract in 2023. We entered into an extension that was amendment number one that ran from 2023 to 2024.
Same things happened again. We caught it though. And so I stand before you to extend their contract through June 30. After that, the plan is to go to RFP, go out to bid and see what's out there in the market. Staff is recommending that we extend this contract. The total amount of the contract from 2021 through 06/30/2026 not to exceed $541,083.35.
Thank you. City Clerk, Bill, any request to speak?
No requests to speak.
Okay. Any questions from council?
Yeah, have a question. So just for the public, can you explain what these guys do and how it works with our police vehicles?
Yes, sir, absolutely. So essentially we buy our police vehicles through a company called Sourcewell. We get the vehicles, and they're not equipped with any emergency lights and sirens, none of the equipment that we require. So what happens is, is we contract with Airwave Communications and Commerce. We deliver the vehicles to them and they make them patrol ready putting all the necessary equipment in the vehicles for our officers to use out in the field.
How long does it take to for them to outfit a vehicle?
Typical build time is one and a half to two weeks depending on the build and the car specifics. We do have different cars that provide different functions to the city. For example, we have a community resource officer vehicle that's waiting to be built out and that one will be very specific for our outreach officers in the field.
And the typical build, the dollar amounts are pretty substantial. It's about what 30,000 a vehicle for the extra equipment?
Correct. Currently a typical build will cost anywhere from $26,000 to $30,000 per vehicle. We are at the point now to where we've transitioned away from Dodge Chargers, we've moved to the Explorers, those required specific sets of equipment like different sized light bars and stuff like that. We are at the point now to where the lifespan of some of those vehicles that we've transitioned to with that equipment, we're able to reuse some of it, which should provide some cost savings this fiscal year.
All right. Thank you for the extra information. I'll move the item.
I'll second. Okay.
Item number 11 passes five zero.
Thank you, Sergeant Hughes. Next is item 12. Item 12. Charter City direction to staff on language of proposed charter, designate a newspaper for publication of notice, approve communications plan and outreach materials, authorize city manager to engage survey consultant and outreach consultant. Presentation by city attorney Burns.
Great. Thank you, mister mayor. Members of council, We are here again to discuss Charter City. I know the council has had several previous discussions, and the audience has heard this as well. Several council meetings, we've had town hall meetings. Last November, council voted to move forward with a simple charter to place on the November 2026 ballot. During those meetings, we had also received several requests for follow-up information, and we're continuing to provide or try to provide answers and better answers to council's questions. So we have two people here tonight to assist with that. The first is Carl Berger. Carl Berger is the city attorney of Bellflower.
Bellflower recently switched from general law to charter. Carl was integral to that process, so he has some good anecdotal experience based expertise on the whole process. Also with us on Zoom is Drew Corbett. Drew Corbett was either the city manager or the finance director at Sunnyvale, Menlo Park, and San Mateo. Two of those cities were charter cities.
One of those cities was a general law city. So Drew has anecdotal experience based expertise on the cost of operating as a general law city versus the cost of operating as a charter city. I'd like to first ask Carl to present on the first issue, which is going to be his Bellflower experience. Then we'll ask Drew to make some brief comments on operational costs before I come back and we address the four matters on the agenda, which is picking language for a charter, designating a newspaper, approving an outreach plan, and if council desires, providing discretion of the city manager to engage some consultants. So with that, I will turn it over to Carl.
And Carl, as we've discussed, I believe counsel in the audience have heard a couple of these on on Charter, so they're of the background. So maybe we can be expedient to the background portion and leave lots of time for the Bellflower experience and any counsel questions of Carl specifically.
Alrighty. Thank you very much for having me tonight. It's a joy to be here, see if my fellow public servants. As Colin mentioned, the city of Bellflower has had the experience of going through the charter experience and and development. And I'm assuming that I just clicked through here in order to to do the PowerPoint. So let me
You can use the mouse or the keyboard. Choose the
arrow keys. Keyboard. Got it. Even better. Again, my name is Karl Berger. I'm a partner with Burke, Williams, and Sorenson. I also serve as city attorney for the cities of Bellflower and Monterey Park, various other cities as assistant or deputy city attorney. I think you've seen most of this, so I'm not going to dwell a lot have a lot of time on this. Stop me if you have any questions. I'm sure the city attorney and the city manager have have gone over these.
Two types of of cities. You're currently a general law city contemplating going to a charter city. This is the brief information with regard to how many charter cities there are in California. The core municipal affairs, I'm assuming that you've gone over municipal affairs and and what charter cities specifically are able to govern in California. Again, stop me if I'm going too fast.
Additional municipal affairs matters of statewide concern. So these are things where the California Supreme Court has identified items that are not municipal affairs and charter cities must comply with these particular laws. Easy examples, vehicle code. Can't change the vehicle code specific for the city of Fountain Valley. I know that you have discussed in the past litigation specifically.
I think the most litigation that's been in news has to do with Huntington Beach. There have been other Charter City pieces of litigation that have been discussed in the news. I'm happy to discuss those if you wish. I will tell you that my advice to my client, the city of Belfour has been, why don't you let the people with the deeper pockets litigate on your behalf and see how how the litigation comes out and then we can ride on the coattails or or not. This is a brief overview of how Huntington Beach has has been engaging in its various battles with both the state and the governor and HCD. Recent outcomes, important things
to that. That's two folks.
Prevailing wages and state funding. I will tell you that for the city of Bellflower at least, the charter effort initially went along the lines of we don't want Sacramento telling us what to do. And that has been the primary mantra since this first came onto the radar for the elected officials in Bellflower. As you've seen in the previous slide and you heard from your audience, the idea that charter cities are able to thwart the efforts by Sacramento to continue to erode local control has had mixed results. So really the focus in Bellflower at least has been on other things.
One of those things has to do for example with chartered cities are not required to pay prevailing wage for public works contracts. Now that's an important distinction because the definition of public works contracts has been much expanded from what you would read in the statute and interpreted and instead interpreted by the Department of Industrial Relations. So for example, Bellflower is very proud of its downtown business assistance program, but when you provide grants to private businesses that are trying to start up, that triggers the possibility of prevailing wage for those particular private projects because you're providing public money for those private projects. And the DIR has interpreted that as being a public work for which prevailing wage must be paid. So one of the things that the city's charter has done in Bellflower is distinguish between traditional public works projects.
You go out and see a freeway, that's a public works project. You provide a grant to a new business that's in the downtown in order to get them started either through paying for permit fees, whatever it might be, that's not a public works project according to the city charter for Bellflower. Briefly went over this, greater local control. I touched on the prevailing wage. One of the other benefits that we can talk about has to do with selecting your own bidding process, particularly with regards to public works projects.
As you're aware, ordinarily the public contract code requires you to select the lowest responsible bidder for for public works projects. The city of Bellflower's charter says, no. You don't have to select the lowest responsible bidder. You can select the bidder that has the best value for the city. Meaning that's not just the lowest price, it could be the lowest price and that's part of the consideration, but it's also the best contractor to be able to deliver the particular project for which you're looking for.
Challenges and concerns, I'm sure you've discussed this before. Once the charter has been approved by the voters, any subsequent amendment to the charter also has to be approved by the voters. So it's important to craft your charter so it gives greater flexibility to you as the city council to be able to implement the voters will pursuant to the charter. It says here legislature can restrict charter powers. What we've not to get too hyper technical on this, it's actually the California Supreme Court is the only one that can interpret whether or not there is a law of statewide interpretation or statewide application.
So while the legislature will frequently adopt statutes that say this is of statewide application and applies to charter cities in addition to general law cities, the true test of that is if that statute is ever challenged and brought up to the California Supreme Court and that court concurs with the California legislature. What you've seen in the lower appellate courts is that the appellate courts have said, in the case in particular with Huntington Beach, well, either legislature said this was of statewide importance or it didn't, but the legislature can go back and change that statue to make it of state wide importance and applicability. But we have not yet heard from the California Supreme Court on some of those cases. Not that I'm advocating that you go to the Supreme Court, but I'm just pointing that out as a hyper technical observation. Believe this is just some of the the Charter election results that we've that have occurred at least in the past twelve, sixteen years.
Bellflower has been most recent passing with almost 80% of the vote. Again, stop if I'm wrong. I want to go quickly through these so that you can ask me any as
I Actually, the last
one is really critically important that you skip through.
Go ahead.
So I I think everybody needs to understand there are two types of adopting a charter. One is whatever the city council tells you or involving the community and having a charter commission to help us write a particular charter. There there's things that you're mentioning that I think is important to get the residents if we decide to move forward there them to weigh in on. You mentioned that a just a basic charter, just a two page charter.
I'm sorry, Mayor. I'm sorry to interrupt. Do we have a translator in the room? In the back. Shouldn't they be translating because there's people in the mind aren't understanding everything. But I think that's what they hear.
I think he is.
He's in the back. No.
There are two in the
back. Who are they translating to?
I have no idea.
Somebody hasn't asked for I translation
I just wanna make sure that it's They are available. They're available.
Okay. I I guess my question since you brought the why haven't they been translating since the beginning? Why just this issue? Anyway, that's not relevant to this. Sorry. So I lost my train of thought. What
was this? You were you were discussing the difference between having a
Oh, yeah. Yeah. Having the community involved versus our own and then having a basic charter. One of the questions I asked you was if we need to change the charter, what kind of you know, if we do a basic two page charter, we're just the simplest of simple. When we go to change the charter, we have to go back and do a general election. Correct?
That's correct.
Okay. Let interrupt that one. It depends. If you draft it, is all the change can be done through municipal ordinance change, the will of the people?
So let me first address the question between a charter commission and a city council enacted or city council proposed charter. It is true that there are those two methods. The city council commission is is actually elected into place in order to help develop a city charter. The alternative is for a city council to place a proposition onto the ballot for a charter. Now, the assumption is when you hear city council doing that that there is no public input.
Mhmm. My observation and my experience has been that's no city council that I'm aware of would want to do that without public input. So for example, in in Bellflower, there were two council members that were appointed to an ad hoc charter commission Perfect. Or or committee. And they came back and recommended that an additional seven individuals be added to that committee from the public appointed by the city council so that there could be a complete participation by the public and so that the charter could be well crafted when it's presented both to the city council and then ultimately to the voters. Very smart. So that went through a four meeting process over a period of time in order to craft a charter that was palatable to that committee and could be recommended to the city council before ultimately going on to the ballot.
So it wasn't just the five council members who came up and voted on a charter and put it on the
charter? That's correct.
Okay. Thank you.
To answer the question about amendments, yes. Amendments would also need to go back to a general election. I mentioned earlier that that it's important for charters to be well crafted so that most of the things that the voters intend to be implemented by the city council can be implemented by the city council so you don't find the need to go back to the voters continuously amend the charter in order to react to whatever the perception is that you need to have in the charter. It's preferable and I always advise that we have representative government and the voters should be able to trust that their their representatives are properly implementing their will through the charter. So to answer your question council member, every time there's a change in overall policy of the city, it's not strictly legally required that you go back to ask the voters as long as you have a well crafted charter.
That's
great. The only two area that is should be go back to the voters is two area. One is raise tax that needs to go back to voters. And second, if we were going to change our pay scale that goes back to the voters. But everything else, they can do through the amendment without going back not going to have to go to the voter ballot.
Those sound like policy decisions that the city council could make when when crafting the charter and I have no no
By by doing so, there's an importance to that so people need to understand the distinctions. The importance of that, it doesn't cost us money to make the change and those change will go throughout the wills of the people.
I'm sorry, mister city attorney. Can you clarify that? That's the only two things that could ever go back for a a voted election?
No. It's it's a policy decision of how you craft the charters as Carl was stating. If that is something you wanted to put in the charter, we could put that in the charter. That's a that's a policy decision, those aren't there's no there's nothing out there that says that those can be the only two that a charter would require to go back to the voters.
And mister mayor, members of the council, I I'm not here to advocate on any way to draft craft your charter. I'm here to provide you with my war story to helpfully help you make your decisions about whether or not to do it in the first place. And then if you decide to do it, how to craft it. Those are all your policy decisions and your city manager and city council city attorney can help you with those types of things. I'm happy to answer any questions.
I appreciate that. Thank you.
Colin and I had talked about what he he termed the the simple charter. I would say this is the bare bones charter, but it is certainly a simple charter. Simply taking what's already in the California constitution and proposing that as your city charter, that is certainly a charter and you can certainly work with it. My direction from my electeds when in terms of crafting a charter was what I call the KISS principle which is keep it simple staff. That way it's it's an easy charter for you to understand and read but it's not so simplistic that you aren't able to have a better understanding of what that charter is supposed to do and what the voters intend for your council to do.
This is the timeline. I believe this is the legal timeline for putting together a charter and the types of public hearings that are necessary and what have you. And going back to an earlier question, council member, it's the actual legislation for how you get something onto the ballot for charter consideration requires and anticipates that there will be public input even if you haven't gone through the the process that I described that Bellflower went through, which is to have a nine person committee making recommendations to the city city council.
How how many how much time did Bellflower take to put together the committee? How how many years from the start to finish?
The actual charter committee was formed, I think I have the exact dates but I'm just going off the top
of 2019, we all received that same report. Yes. It's the question you're asking.
But it's the actual time period was over a summer. It took about four meetings before a charter was crafted and and presented to the city council for consideration.
And how long did it take you guys to select that committee?
That was pretty much one meeting. So the the two council members were appointed. At one meeting, they came back and asked for additional seven seven individuals, all of whom were appointed. It was a Brown Act Committee because they were appointed by the city council, required public input, public comment, and expected it and and asked for it. So it was it was a very open transparent process.
Didn't they first initially start this in 2022 and they were late to get it onto the ballot? So they literally had two years to talk about it, think about it, discuss it, and come back and do it.
It was actually it started in 2019. In 2020, the council decides a policy decision not to put it onto the to the ballot for various reasons. And then, yes, it was reactivated in 2022, and we missed the window for within which which is described here in terms of our our timing for public hearings. And so it was delayed again until 2024.
So, basically, five years, but
Yes.
Breaks in between. Okay. Thank you. That's what I needed to know.
The cost for charter adoption are listed here. Believe these are just ballpark figures. I can't tell you off the top of my head. You know, I went to law school, not to finance director school, so I can't tell you the exact number. So but these are the the numbers that we we came up with based upon the information that we had certainly from Bellflower and the anticipated costs.
And I believe the consultant is also on on Zoom to give you a more better understanding. Public outreach and education. I will tell you that the city council and the city manager in Belfour went through an extensive education process for for the city and and for the public to understand what was being proposed and why. I know certainly, don't know if any of you know the name Jeff Stewart. He was the city manager at the time.
He was a long time city manager within the business and he made it a personal goal to go to each one of the fraternal organizations, chamber of commerce, what have you, along with council members in order fully those service clubs and also to to interview and and answer any questions from any members of the public that were interested. I'm sure you've discussed this so I'm not going to discuss it again. I will note that the last bullet point, council compensation, that was a concern for the Bellflower City Council, particularly in light of the events in Bell back in twenty thirteen ish, which we have all had the ripple effect of dealing with. And so it's very important for the Bellflower City Council to make sure that the Charter itself addressed Council compensation and how that would be allowed and regulated. So the Charter for Bellflower links back to the government code in terms of how councils are compensated so they can't pay themselves more than what the general law allows.
I'm glad you brought that up because I did look into the Bell matters. The fact is it's because they did not put a proper guardrail in place. That's the bottom line. It has nothing to do with the generosity. It could in the generosity, it could be the same thing. It would have proper oversight, same concept.
Well, that's not correct. The state law sets what the maximum compensation council could be. So a general law city could not pay themselves a $100,000 like Bell did.
Which is the guardrail from the state. In the Charles City, we could do the same, put a guardrail.
Okay. Just said that a general law city could have the same issue as Bell and they can't.
No. If if it's reference to paying compensation to the employee because that's the bill, that's issue of the bill.
No, no. I was talking about the compensation to council members.
Oh, council members. Okay. Yes. Let me answer that part.
No worries.
Thank you.
We talked a little bit about this, the development of how the the charter was put together, how it was drafted, the input for that. As we mentioned or I mentioned, I was off by a month. It was February, not March. But in any event, it it was eventually recommended to the city council in October 2019 following basically a summer of committee meetings whereby they crafted the the wording of the of the charter. Voter engagement, we briefly talked about that.
What was really important in the Bellflower experience at least was the community surveys. As a policy matter, the city council always has a citywide survey every two years just to see how the city's doing, seeing how citizens are prioritizing public interests and and what have you. This particular survey was very specific as to as to the charter issue. And as you'll see in 2022, it was at 67% approval. And as you'll see on subsequent slides, it actually went up, which reflected the eventual vote on the matter. You had a question, mister mayor? Okay.
Actually, I do on that just real quick. Sorry. Yes. Over here. So it's 67% voter support. That's good. So if it were 50% or lower than 50% or at what percent do you think is a fair number to move forward with?
You're asking an attorney about fairness.
So if it weren't 50%, I mean, Bellflower wanted to do this, and they went to the residents, and the residents said they wanted to do this. So that makes sense. And I've said since the beginning, if the overwhelming the residents want it, I'll I'll vote for it. So I I was just curious if if they didn't have that and it was five o with your counsel. Right? They all wanted Yes. So you had a unified council and you had a unified community to do it to be successful. I I'm just curious if that survey came back. I'm asking opinion. If it came back at less than 50%, would you have done it?
I will speculate on behalf of the electeds that were in office at that time. I do not think that it would have moved forward if it came back at any number around 50%.
Okay. Thank you. I agree with that. That makes sense.
Karl, can I also elaborate on that? I believe it went from 67% to 73%?
Correct.
And what was the rationale? How did you increase from 67% to 73%?
So Richard Bernard who is the FM three representative that conducted the survey, as I pointed out to him the other day, he has a real doctorate, I just have a Juris doctorate. I can't pretend to know how he does the survey questions other than he bounces them off very adeptly. I can't explain the increase other than the outreach that I mentioned before, which was through the city manager and the elected officials going out to the community explaining what this exactly was and making sure that the concerns that that were expressed within the community have been shored up. Bellflower is a very conservative community. It's actually where prop 13 was conceived, was on the back of a napkin down the street or so I'm told by the historian.
But in any event, that particular council and especially those electeds are very concerned about making sure that whatever they are doing is fully supported by their community because they don't want to go too far out on a limb. Just since I'm here for war stories, I'll tell you, Bellflower licenses cannabis dispensaries. That's the longest council meeting I've ever sat through. It began at 05:30 p PM and ended at 6AM. So I but there was 72% support from the community to engage in that type of regulation which convinced the council to actually get it down that road.
And that particular tax that was enacted by voters at nearly 78% what brings in 3 and a half million dollars of revenue to the city on an annual basis. So I give that war story from the standpoint of would the council move forward if there was even a question that there wasn't community support and the answer to that is no.
Okay. Thank you.
This is an example of the dedicated web page. It's still up. Anyone can go there today and and see it. This was the public hearing process for 2024. And as as the council member mentioned, the updated survey results showed an increase in terms of support for the charter and I can only attribute that without any objective data to the output and outcome by council members and the city manager for making sure that the community understood what was being proposed.
The next few slides go through what I call the simple charter. Colin may call it more complicated charter.
Simple plus.
Okay. I like that. Simple plus. I'm happy to go through any of these. I will tell you that these were specially crafted given the concerns that the community had that I talked about which was most of the community and certainly the city council do not like outside agencies coming in and telling local government how to run their local government.
Their elected officials, the people elected them to be in office and they do not appreciate either the state or the county or anybody else coming in and trying to explain to them how they should be running the city. So the opening part of the charter is we the people believe that nobody else should bother us. I'm paraphrasing. Municipal affairs, we briefly talked about municipal municipal affairs that is really the core of any charter which is the City Council's ability to adopt regulations to be able to implement municipal affairs of the city. I'm gonna go through these quickly because you may or may not want to copy these but this is simply each article in my simple plus charter is reflected in these particular PowerPoints.
Fountain Valley, I've not participated in any of this. So I will call and provide me with the dates and and what happened. And so this is the historic overview, which I'm sure you participated in. So there's no need for me to elaborate on that. And, Colin, tell me anytime that you want to jump back in.
Cost to date provided by Fountain Valley. 2026 outreach strategy, I did provide all of the information to Fountain Valley that Bellflower used in terms of mailers and what have you. One of the things that I did encourage Colin to consider is once a decision is made of of moving forward and an impartial analysis is written by the city attorney, to use that impartial analysis for purposes of educating the public. It is presumptively objective and so you don't run into an issue with regard to people challenging those mailers from the standpoint of whether you're engaging in advocacy or not after the matter's been placed onto the ballot. Stop me if you're ready.
This looks like all you. Let's see. Here
we go. So with council's approval, I'd like to have Drew come on to talk very briefly about operational costs as a general law city versus operating as a charter city. Rick, can you bring Drew up?
He's on.
Drew? Hi. Yes. Can you hear me?
Slightly. Slightly.
Alright. I will I will speak up. Are you able to hear me now?
Better.
Okay. So, good evening. Drew Corbett, principal of DKG Consultants. As Paul mentioned earlier, I have extensive experience working, in and with local governments. I have worked for the cities of Sunnyvale, Menlo Park, and San Mateo.
So two charter cities, one general law city, serving, in a as the finance director for both Menlo Park and San Mateo and as the city manager for San Mateo. And as it relates to this discussion, my input is related to generally, the the scope of administrative operation of general law in charter cities. And what I would say is that that in my experience, there there's not a wide gap administratively between general law and charter cities. And I think there's two two main reasons I would point to this from my perspective. Number one is I've not found in my experience that that the government code is overly restrictive as it relates to the administrative operation of general law cities.
You know, you'll have the government code tell you what, but not necessarily tell you how. And so I don't find that that general law cities are are more restrictive with respect to being operationally efficient and administering the the city in the best way possible, you know, less so than a a charter city. The other thing I would say is that, you know, charter cities do have greater administrative flexibility, in comparison to general law cities, so they do have a better ability to to manage themselves based on local conditions. However, in my experience with charter cities, both working directly for them, working in my consulting capacity, I've done an interim finance director assignment in a very large charter city, is is that in all those cases, the the government code was still used as sort of a guiding principle in terms of best practices and transparency. And and one example I'll give you from from the finance world is is the treasurer's report.
If you are a general law city, you're required by government code to produce a monthly treasurer's report, with your investment holdings. You know, what I found is that in general, in in charter cities, even though they're not required to provide this report, because of their charter status, that for the most part, what I find is that they do provide that that they do produce the report. One one of the cities that I worked in, San Mateo, continued to produce the report on a monthly basis following government code even though it wasn't required to in city of San Jose where I I served as interim director for a a small period of time. They produced a report on a quarterly basis, so they they take their opportunity as a charter to still provide the report for for best practices and transparency purposes, but they they opt to to be, you know, a little bit more administratively efficient by doing it quarterly rather than month monthly. So so that's generally what I find is while they have that greater flexibility, they use it as it makes sense to them, and they often still use the government code to sort of guide guide the decisions on what they're doing administratively.
Drew, can I get a clarification to what you say that you said generally General Law City can do pretty much what Charter City can do? That's what I heard at the beginning. Am I correct? That's what you said. Right?
Yeah. In my in my experience, in terms of the administrative operation, terms of the the things that they're wanted wanting to do with respect to, you know, automating certain operations, sharing services, doing some of those things that that that they're not restricted because of their general law status, and they have the same, you know, similar abilities to to do some of those things that a that a charter city would do.
Okay. Clarify this for me. To my understanding, General Law City can do to a certain extent. For example, contracting and procurement. Charter City can go much farther than General Law City as well as development fees and process, labor and HR rules, elections, court enforcement and land use can go much farther than a General Law City cannot do. General Law City is that's a statue from the state, that's it. But General General Charlie City can make those change based on the will of the people, and we'll make those change through municipal court ordinance.
Yeah. I mean, I you know, so what I would say is is, again, in in my experience, you know, in in working in charter cities, specifically as it relates to procurement, yes, there are certain abilities to operate, with greater flexibility than a general law city would have. However, you know, if I compare, a a procurement policy in a in a general law city with a procurement policy in a in a charter city, not necessarily going to see a significant amount of difference. I think as as was mentioned before, there's a greater flexibility in terms of some of the contracting, you know, some of your your flexibility with respect to selecting bidders based on value versus versus bid price, which which is a good thing and and good flexibility to have as a as a charter. But in terms of, like, the administrative process, I I typically find that they're pretty similar.
They they go through the same process, the same evaluation where where you gain the gain the advantage is the ability to, you know, potentially have greater greater flexibility with your overall selection. So they're not necessarily gaining a ton process wise, but they they are potentially gaining on the back end if they feel like, they're able to to choose a, you know, choose a contractor based on value versus just on price. In terms of some of the other things you mentioned, you know, again, I I have not seen in my experience significant restrictions on general law cities from being able to operate in their in their best interests and and do the, you know, do the things administratively that that make the most sense for them.
And and counsel, we asked Drew to to discuss a very narrow scope, is the operational cost differences, and that's and he he's an expert at that. So I I I don't want Drew to get pulled too far out of the the fair warning that I that I gave him that that the topics that he would discuss. Carl is here, and he can talk about any any differences of that Bellflowers use or that cities can use once they become a charter city, the public contract, and the prevailing wages, any of those questions. Drew is more kind of a cost guy. Did the costs go up? Did the costs go down? Did they stay the same once he went from a general law to charter city?
That's a fair question. So Drew, did the cost went up when you transitioned from general law city to charter city?
The the the two charter cities I was with were already charter cities when when I arrived. So I I did not go through the the initial chartering process. I've gone through charter amendment processes. I would say, you know, I I started with a charter city, went to a general law city, ended with a charter city, and and I would say there was not there's not any material difference in overall administrative cost of running the city as a result of of being in general law versus versus being a charter.
Okay. So I want to make sure I understand this. So you're saying that there's no administrative cost increase moving from a general law city to a charter city. Is that correct? Is that what you said?
I would I would say that not moving to because I didn't I didn't move from a a city becoming a charter. So so but I would say that unless you write your charter in a certain way that puts admit additional administrative burdens on you, and and so I don't wanna sound flip with this answer, but, you know, the charter cities that I worked for were were not just simple charters. They were, you know, they were extensive charters, and they put additional administrative onerous on staff. So they were, you know, they had things that that they required that you you wouldn't necessarily have under a simple charter. But all things being equal, a general law city and a charter city are are not going to be administratively different in terms of their overall and in terms of the overall cost of operation.
So so my biggest concern with everything councilman Bowie was just saying is, you know, the advantages he is saying is an advantage is a disadvantage to me because we don't have you know, we can have fraud. We can have corruption in terms of the bidding process versus the guardrails that are put in forth from the state. And I've heard three times already that as a general law city, we have to take the lowest bid, and that's just not true. We've had already Maggie, our city manager league, a couple of times this year, the lowest bid didn't win. It was based on a scoring system, based on experience, based on knowledge of the community, based on different things.
So to say that a general law city has to take the lowest bid no matter what is just blatantly not true.
Mister mayor, if if I may just clarify one thing about my previous comments. My observation had to do specifically with public works projects. That is a very regulated area of bidding under the public contracts code that general law cities must apply must use. So I can't speak to the example that you gave in terms of scoring or what have you. Those are usually done either in a design build context or they're done in a purchasing context, which is different than a public works project context.
So for any public works project that is over a million dollars, you have the ability as a general law city to use what's called the design build process. That does involve sometimes scoring systems or other types of things. But the day to day public works projects that you think about, streets, sidewalks, whatever it might be, those are very heavily regulated by the public contracts kit. One of the first ordinances that the city council in Belfair actually adopted was to revamp the entire public works methodology of delivering public works projects. And the reason for that was that for formal types of projects, it cost the city 15,000 to $25,000 to bid out formal bid processes.
You have to publish in trade journals. You have to publish for sixty days. And then at the end of that process, when you open the bids, you do have to take the lowest responsible bidder. Now, responsible bidder is a loaded term. It basically means you have to have the contractor's license and demonstrate that you're able to finish that particular project. But I can't tell you the number of times in my entire career where the Lowe's responsible bidder has been anything but responsible from the standpoint of actually being
able to
practically deliver a public works project.
No. I agree.
I agree. Okay. I don't know. I think at this point, these people have been waiting a long time to talk. I think we should give it to the public at this point.
We appreciate the presentation and I agree. We've
I don't know if you have more to present. I'm just going present
the forward discussion action item. We can do that after the public's had a chance to speak.
Mister city clerk, do we have any request to speak?
Just a couple. First first speaker, Michael Relich.
Hey, Rick. Can you call up, like, four people at a time?
And following Michael will be Chris Cluey.
Maybe have him come forward. Have, like
Good evening. My name is Michael Relic. I've lived in Fountain Valley for forty years. My two children are proud products of the Fountain Valley school system. They both graduated from Fountain Valley High. My one son is actually a property owner, a proud property owner in Fountain Valley. You know, I love this community deeply. I think it's always been a place that stood for stability, and it is a great place to live. That's why I've chosen to live here. But I'm here tonight to voice my strong opposition to the proposal for become a charter city.
In my four decades as a resident, I've seen this city thrive as a general law city. Our current system provides predictable legal framework that has served us well for generations. I see no systemic issues that require us to abandon the protections of the California government code. Now becoming a charter city is a solution in search of a problem and it's a costly one at that. Between the legal fees to draft the charter, the cost of the ballot measure, and the inevitable litigation that follows, we are looking at spending hundreds and thousands of dollars of taxpayer money.
In an era that we should be focused on infrastructure and public safety, spending money to rewrite our constitution seems to be a waste of our limited resources. And then I know the whole argument's about local control, but we only have to look at our friends at Huntington Beach to see how that's played out. They spent millions of legal fees fighting housing mandates. And we saw from the list there, lost, lost, lost, lost. This charter hasn't been a shield for them.
It's been the magnet for losing lawsuits. Why would we wanna follow that path? So finally, a charter opens the door to the city to change the rules on how we award contracts, which we just discussed, and how we tax property transfers. I trust our current leadership, but the charter is permanent. It removes the guardrails provided by the law and gives future councils too much power to change the rules of our government without sufficient oversight. Now, Fountain Valley isn't broken. We don't need a charter to be a great city. We are a great city. You know, I would stress for the council to please keep us, the Fountain Valley, a general charters as a general law city. Thank you.
Chris
Cluey. After Chris will be Bob Doe. Hello. Hi. I'm Chris Cluey.
I am a Huntington Beach City resident. I'm here speaking on behalf of my own personal experience living in a charter city that is currently wildly out of control. And I would I can't tell you how to vote because obviously this is not my city, but I will say I really enjoy Fountain Valley. My kid goes my younger kid goes to Fountain Valley High School. Like this this is a great city. Like you guys are doing it right. Huntington Beach, it sucks right now. And it is entirely due to our charter because our city council thinks they can do whatever they want regardless of what it's costing us as taxpayers. They won't even tell us how much it has cost us as taxpayers to wage their endless legal against the state. And as you saw, we just keep losing.
Alright? We are losing not just money. We are losing business in Huntington Beach. People don't wanna go there because they don't like how it's being run. We have crony council members giving contracts to their friends because they can do that, because that's in the charter. So I would highly recommend you listen to the people of your city, many of whom seem to not want to install a charter. And again, just look at your past. You guys are doing it right. I mean, I saw the gentleman at at the beginning during the the study session. He was talking about how good you guys are doing.
Like, why do you need to change? It's working for you. So please listen to the people here. I'll actually be brief because normally we only get like sixty seconds to talk in Huntington Beach. Again, thanks to our city council. So yes, that's just been my experience. So thank you for allowing me to speak and have a good night.
Bob
Do. After Bob will be Mary Ellen Pascucci.
Boy, that's a tough act to follow. Yeah. My name is Bob Doe. I've lived in Champton Valley for forty two years. And I have just recently been made aware of this issue from a friend of mine, Lee Martin, who who couldn't be here today. And so I reviewed the November 25, meeting where this was discussed, this issue, And what I was struck by was mister council member Grandis asking, what's the plan? Several times. What's the plan? What's the plan? It seemed like a good question.
I think an even better question is, what's the problem? What what problem are we solving by moving to a charter? And I I done a little research only in the last couple of days, and I I can't think of the problem that we're solving. We know that it's gonna cost money. We know it'll cost explicit you know, explicitly cost and implicit costs.
People, you know, going for outreach and setting up elections and that kind of stuff. And we know the risks, which mister Cluey has very clearly, you know, mentioned recently. I I don't see a tangible financial benefit. There's been no benefit up on the PowerPoints in any presentation. I've seen costs and I've seen the amorphous, well, we can manage our city with more flexibility. I just don't understand what the benefit there is. So I'm a definite no on this proposal. Thank you.
Mary Ellen Pascucci. After Mary Ellen is Vincent Morrison.
Hi. I want to express my concerns regarding the city's intentions and its pursuit to become a charter city. My impression is that a majority of the feedback from the community has been against a charter city, and that feedback has been disregarded. The placement of this charter city question on the November ballot flies in the face of public opinion. The more information presented to the community regarding the effects of becoming a charter city, the more negative my impression.
I see an unnecessary expense and negative effects for our city from this effort. Thank you.
Vincent Morrison. After Vincent will be Rudy Huber.
Hello. Thank you for for hosting another of the info sessions. This is the third one I've been to. I think I've been to most of them so far. And each time, you're really honoring the values of bringing out more information.
I know the last time, mister Bui councilman Bui, you mentioned, like, there were it was an opportunity for people to ask questions, and there weren't a lot of questions. There was a lot of anger or mentions and, like, statements of of against the charter cities, but you mentioned that not a lot people are at they're taking the opportunity to ask a lot of questions. This is the one of the first times where there is a lot of really good information about what next steps are as well as in the agenda, there was outlined alternatives for the outcomes of today's meeting. One of them was take no action and wait and get more details. Details.
And that was alternative number two, I believe, mister Burns, in the in the agenda that you outlined. In the agenda, it also outlines the series of outreach steps that are planned and has been mentioned by mister Grandis, mister Booyah, everyone, that there is a huge factor on what the Fountain Valley public, the city, the people want to have. And a lot of this is was mentioned for the city of Bellflower, it relies on how educated they are, what are they hearing, how are they learning about this. And so you have these four points in the outreach plan of city events and mailers and the agenda items was like, yes. Cool.
We'll approve those and then move them on, and we only have so many months to get these done. What's the language on these mailers? What's going to be going on? As he mentioned, there's a big focus on objectivity. However, many, many people are being swayed by misinformation.
As we know in today's environment, it is really easy to lay out a case that says this is gonna solve your housing problems, or in the absence of saying in nice, really big, bold letters, this will not solve ADUs, this will not solve these problems that people really want it to solve, people will be misinformed by omission that it's going to solve the problems they really care about. There is a huge effort that needs to be done to pull in more people from the community, have really well thought out planned activities. If we want to have a charter city, if we're if it's a solution in in the search of a of a problem, we we should be engaging more with the community and not just informing them, but getting them to engage in this process. Have them show up to these events and draft out their own plans, their own ideas. What concerns you?
What do you wanna see in a charter? Why don't we have kindergartners out here right now saying, what are the problems you wanna see in Fountain Valley's charter? Where are our students involved in in the high school beginners government classes? This should be a the year of governance engagement at the schools. Vincent, your time's up.
Thank you.
Ernie Hubner. Can just make make a quick comment on mister Morrison's shirt? I love the mystery science three thousand theater. Thank you for raiming. Alright.
Good evening, mayor and members of the city council. My name is Rudy Huebner, and I strongly oppose this effort to change from a general law city to a charter city. And that's primarily because, as many people have pointed out, you know, why now? When the city has been operating as a general law city for nearly seventy years, and as we just saw in the budget report, we're doing well. We are in a very, very good fiscal position.
And then we also saw in this presentation all of the costs that are going to be associated with this effort, both the cost to the city staff and the cost to notice properly all of the residents. And that is something that's come up time and time again where residents have made it very, very clear. I'm not getting these very important messages. I even spoke to people today, and I said, are you coming to the council meeting tonight to talk about this? And they said, what council meeting?
And so there's been a history where residents have come and stood where I'm standing now and have said, why don't I know about this? And so to Glenn's point, you know, what is the plan? So far, the plan has not been a very good one. And staying a general law city avoids a lot of these legal administrative costs, of drafting, defending, and maintaining a charter. You know, why are we changing all of these things now when the things that have been serving us well for the past seventy years and like somebody else said, what is the problem we're trying to fix with this?
I really don't see a benefit to this exercise. I just see a detriment where it's a waste of our tax payer dollars to even go through this exercise. So, again, I'm strongly opposed to this idea of becoming a charter. And I wanna add in closing that if there are any council members who are running for election or reelection in 2026 who are supporting this charter measure, you will not have my vote. Thank you.
Next up is Julie. Julie? After Julie will be Vincent Gonzalez.
Thank you very much, mayor, council members. I can't get any better than what Rudy just said and what everybody before me has already said. And, again, why now? And I'm strongly opposed to this. It gives you guys way too much power. Doesn't look very good.
Vincent Gonzalez. After Vincent is Katie Wright.
Thank you for finally addressing the issue of charter city operating costs. The city's response, however, is pathetically inadequate. On page five zero two of the agenda, the city's two sentence analysis states, the main additional cost to becoming a charter city would be incurred if the city determined on a case by case basis to initiate charter litigation. Aside from litigation costs and discussions with various cities and Drew Corbett of DKG Consultants, staff has been informed that there is negligible change to general operating costs between charter cities and general law cities. Let's break down the so called cost analysis.
What are the various cities with whom staff has discussions? I imagine it included Bellflower, and yet Bellflower as a charter city is barely a year old. That is not enough time to assess any cost differences. Didn't the city also talk to Oceanside, Lancaster, Palmdale, which have been charter cities for fifteen years and therefore have more cost data and to share with us? Were these discussions phone calls or Zoom meetings?
Given how important this this issue is, didn't you have face to face meetings with these cities? What sorts of cost information was shared during these discussions? Did the city take notes or minutes during these discussions? If so, weren't these notes or minutes in the agenda? Did the city retain consultant Drew Corbett to do a cost analysis of Fountain Valley operating as a charter city?
If so, why is this analysis not included in tonight's agenda? What exactly does negligible change mean? Is it $10,000 $100,000 $1,000,000 With respect to the city conducting a case by case determination whether to initiate charter city litigation, wouldn't this determination require a legal and financial risk analysis each and every time? And why aren't the estimates of these analyses included in the agenda? How much staff time would be spent every time the city needs to do this case by case analysis?
And wouldn't this case by case analysis be triggered every time the city is asked by other charter cities such such as Huntington Beach to join their ongoing charter city litigation and ask us to help pay their costs? Hell no. Finally, where is the cost analysis of obtaining voter approval every time we need to change the charter? Before you vote on spending more money on communication plans, consultants, etcetera, the city council must close those data gaps and direct staff to conduct a more thorough and comprehensive operating cost analysis beyond a mere two sentences. Indeed, one does I do more cost analysis when I go car shopping.
I compare gas mileage or EV range, maintenance, reliability, resale value, etcetera.
Choosing to
become a charter city without sufficient cost is like choosing to buy a lemon.
Vincent.
Thank you.
Thanks, buddy. Your time is up. Katie Wright.
Howdy. There's a problem with trust, and there's a problem of who's promoting this the hardest. I wander through the city website under the agenda center, and it goes back way, way, year after year after year after year. It shows this year, last year, the next year. And if you click on more, it'll give you more.
I went to 2021, specifically February 16 meeting of the city council, and I found the most amazing clips. And I saved a few and posted them today. Hidden within a huge mid year budget, which included police, locker room expansion, potential expansion for the fire department, lots of important big city spending. This huge midterm budget, most of us don't pay attention to what's going on. Most of us don't read in the deep weeds.
Three, very alert, very attentive members of the city of Fountain Valley residents were paying attention and came up and spoke right here because they found something hidden within that budget where a brand new city council member had put in a request for the city to pay somewhere between 8 to 800 8,000 to $8,500 to relocate the door to his office because he didn't like that it faced the same hallway with the bathroom for Feng Shui. This person wanted us to pay over 8,000, somewhere between 8 and 9, quoted 8,500. Three people came up and spoke. One of them was Anna Kitsuki. One of them was Tracy Cameron, now Tracy Cameron Quisel, thank you.
And one of them was Steve Nagel. Bear in mind, Steve Nagel was the previous resident of that office when he was the mayor and city council member right here. Prior to that, he was, oh gee, fire chief. So someone very familiar with the city and the city spending and what's a value and what's not a value. The very first thing Ted Buoy tried to run on us was paying $8,500 approximately to change where the door of his office was because he was offended that it faced onto a hallway with a bathroom. This is on the city's website. It's documented. It's filmed. Anybody can find it. I found it.
I shared it. I find these things and share them. If you find it, point them out to me. I'll put them on my YouTube channel. I will take them and I will post them on Facebook. I don't put my opinion into it very often. If I do, it's to a point where I'm not altering the video. The video's right there. I say what date I found it, where I found it, and you're all welcome to do the same. There is a trust issue here and the person promoting this is the same person that tried to run through that bill on us. Thank you very much.
Marjorie Ray. Marjorie? I like to respond to that. That is why we're bringing to the public to let people, hey, this is what I'm doing. Is April okay on board? It's okay. We didn't do it. Thank you very much. Marjorie?
After Marjorie is Gary Goodshaw. Goodshaw. Well,
I concur with my name is Marjorie Ray. I've been a resident here in Fountain Valley for fifty years. I was active in the Chamber of Commerce when I had a business, kind of knew what was going on, and there seemed to be usually a sense of consensus within the board. They worked things out and found something close to consensus. We have been, as somebody fifty years I've been here in the in the city, general law has worked just fine.
What really disturbs me is that I went to the town hall meeting on the October 18, and there were maybe 50 or 60 people. Most of them were talking about not wanting to be a charter city. And then they have a survey, and the survey had, I don't know, a couple 100 people. We have like 50 or 60,000, and they said they wanted it. I don't know where you got that survey.
I tried to find the survey. I couldn't find it. My fault. But my point is, we're getting this far without a consensus on the board and without a consensus in the population. And this really disturbs me moving forward, spending any more money I am not in favor of. I yes. And I'll leave the time for the rest of the people.
Gary? One quick correction
to Marjorie there. The survey correct me if I'm wrong, city manager, but the total on the survey was negative and not positive.
Based on the staff report, there were 94 to support Charter City and 113 did not support the Charter. 50, not sure, need more information. So there were a total of two forty seven responded to the survey that staff placed on the city website.
Thank you. I just wanted to clarify that the survey did not show that the residents were in favor. Thank you.
Ask a question? There is a resident that's in favor, but not to the number you're looking for. You can't say there is no support.
I didn't say no support. The majority is against it.
Thank you. Gary? Okay. Thank the you opportunity to speak. I just became aware of this relatively recent. The reason being I have family health issues. I've been a caretaker for my wife for quite some time. So anyway I got a notice saying there was something here this evening. I started looking into some of the past history, etcetera, etcetera. And a couple of things came to mind.
First, I like the idea of local control. I mean I think we know what's most needed in our city more than anybody else. But setting that aside, if we move over to a charter situation, the big question is what I tried to find, I could not find any place where it said what prompted this? That was the number one thing I was looking for. What prompted this entire process?
Why was that important to take a look at and move forward? Without knowing the problem it's very hard to determine what a solution is. So I want to find out that and then make my mind up whether or not charter cities sounds good or that the costs and liabilities and so on, etcetera, may overweigh that. I understand any change. There's usually costs associated with that and I understand that we need to take that into consideration. But it is a serious consideration and if we move in that direction, what are those costs? I think some of that's been presented this evening. I really appreciate the other presenters. And thank you.
Susan Crook. After Susan will be Linda Ecker.
I want to respond to his questions. What prompted this is serving on this council for five years during the general plan update along with a lot of construction in the city, and you'll see more coming up constructions. At that time, I didn't see any of the I mean, of you are here, but not all of you are here when people had a real hard time reference to things that have been built in the city. And with parking issues, with high density, keep in mind that the charter city would never solve the problem of statewide mandate concern. That is the area we cannot touch, and court have established that already.
But there's a 20% that we can manage and that is the structure of the 20% that we could have some savings and I'll present that later.
Susan?
Okay. Good evening. My name is Susan Crook. Don't hold the last name against me. It came with my husband. And it's not off my record. So I'm good. I've been a resident of Fountain Valley for over five decades. And I've seen the city grow and change in a lot of ways over the years. From the time I found myself delivering Fountain Valley newsletters in my district to help save postage at the time to what we now have with computers, Fountain Valley has remained a nice place to live, and I'm grateful to be here.
My question is, why do we need to become a charter city now? We have our own police and they serve us well. What reasons do we have to make changes to our city elections? The system is working. Why shouldn't we take the lowest competitive bid on a contract if they meet the requirements for the job as stated by the city?
It avoids possible nepotism, bribes and saves money. So what is it about the charter city that will make Fountain Valley a nicer place to live? At this time, and what I have seen in the past, our city council has shown sincere concerns for our community. But we don't want to tempt any malice in the future or corruption of a future council such as raising their own salaries as we saw in Bell or cause any other ill will to our wonderful city. The ways of spending our tax money has surely changed from the time of delivering flyers by hand to help save the city's money.
But what will it cost for making the changes of a general law city to a charter city? It's an expensive endeavor. What will that expense cover to make Fountain Valley even a nicer place to live than what it already is? I hope the council and the fam and Fountain Valley voters take a serious look at what is really at stake here and vote against the Fountain Valley Charter City and keep Fountain Valley a nice place to live. Thank you.
Linda Ecker. After Linda will be Libby.
Hi. Linda Ecker, fifty two year resident. I spoke last time explaining why becoming a charter city is a bad idea. I spoke how we will become like Huntington Beach. After all the people spoke, it didn't even matter. The then mayor Bowie wanted this, and council members Harper and Kunin, who didn't even participate in the conversation, went along with it. So I'm not sure what anyone saying here will matter, but I'm just here to restate the following. These are my fears. Beyond the cost of funding the ballot initiative, putting the concept of a charter city on the ballot is going to divide this city. However you dress it up, it's a partisan issue.
Additionally, we will have no idea how much money it will cost for the city now and in the future. These are funds we can use for other projects that we need so badly. This action will tarnish former mayor Bowie's reputation, giving him the title of one who took apart this spare city, making him a partisan player not suitable for elected office. The same action will go for city council members who go for this should they run for election or another office. I mean, all of this with respect.
We have no need to become a charter city. Please rethink this path. Come back to the concept after you can present to this community all of the hard facts. What is the impact on our budget? What are the reunifications of becoming the Charter City? And what will we gain through this status? Rushing through with this pros prospect is not a wise decision, only a poor political decision. There is a lot of work to be done. Should we rush it for a November ballot? Thank you.
Next up is Libby. After Libby is Martine Speckler.
I'm a newbie. I'm only a twenty six year homeowner. I'm in a crowd of all the I'm a baby compared to the crowd. Objectively speaking, you have not done your due diligence. Since the time this idea was first brought up for Charter City, the reasons for proceeding have never been well articulated.
It's for more flexibility. And just in case for the future, charter cities are actually less flexible than general law cities because any change to the charter adding or removing provisions requires another vote of the citizens, which isn't quick or inexpensive. As for the future, aside from helping to share the cost burden with other charter cities in lawsuits against the state, we have no idea what the future holds that is so different from the past. Throughout this whole process, there has not been a citizen outpour asking for you to proceed. In fact, at the August meeting, mister Keene mentioned that he didn't know if the citizens wanted this, and two town halls were scheduled to try to assess the citizens' opinions.
The town halls only brought in fewer than 50 commenters from our 39,200 registered voters in this city, and overall, those commenters are opposed. There were only two forty seven responses to voluntary online surveys with 52% of those with an opinion opposing. Since there were two separate surveys, do we even know if all respondents were unique? There is no indication that your constituents want this. The report for this item says that the Charter City Initiative is to enhance the culture of a nice place to live, but the report doesn't explain how that could happen.
And the comparison to the Bellflower charter is irrelevant since Fountain Valley isn't considering a complex charter like Bellflower's compared to what we're talking about. Theirs is very complex. The costs included in your analysis are ridiculously low. There is no line for the additional attorney's fees as this moves forward. Assuming voters will receive paper utility bills is naive at best.
The price included for mailers is enough for just one bulk mailed postcard, not enough to truly inform voters. Staff time answering the inevitable questions is not accounted for. The fiscal review is just two paragraphs, and it doesn't actually analyze anything. The chart of recent attempts to charter is misleading. They had to use data going all the way back to 2008 in order to get the stats to show a majority of the attempts passing.
If you look at 2011 to the present, only five passed and 10 failed. Why would we reelect representatives that continue to move forward with this with an item that hasn't been asked for by your constituents and thoroughly analyzed, is costly and is likely to fail at the ballot. Prove you are worthy of our votes and stop this nonsense now. Thank you.
Martin Speckler.
After Martin is Elizabeth Andrade.
Good evening, Mayor and Council Member. I've been a Fontaine Valley resident for over thirty years, and I'm asking you to stop pursuing the charter city status. After two town halls and two online polls, the public still hasn't been giving a clear reason of why. This is necessary. A shuttle reduced flexibility because any change require a vote.
There's also been no fiscal or cost benefit analysis. We don't know the true administrative or legal cost. How much staff time will this take and how it could affect city services or future taxes? We do know it will cost at least $20,000 just to place it on the ballot plus election and legal expenses. This effort appear tied to avoiding SB nine, but becoming a shadow city does not guarantee protection.
So legislature can rewrite the law, and any legal win could disappear after significant expense. Shutters can also be misused. Bell, California is a real example of how local control was abused by future consuls. Most residents who have spoken have opposed this. Continuing this process wastes time, money and public trust. Please stop this effort and keep Fontaine Valley a well run general law city. Let's keep Fontaine Valley a nice place to live. Thank you.
Elisabeth Andrade. After Elisabeth is Verna Ayr.
Good evening, Mayor, City Council members. Thank you for the opportunity to speak before you tonight. One of the previous speakers shared about the frustration about perhaps not being heard or understood, and I just have to believe that coming up here tonight and spending time with you does make a difference. It does matter. You are listening to our concerns. I recognize the city has already you've already voted to move us in this direction. You've hired a consultant. The analysis has been well represented by a previous speaker, I won't go into detail there. I'd rather focus my comments on the risk, the readiness, and the public accountability. From the public's perspective, this process appears to be moving forward before the full plan analysis and public framework are complete.
In reviewing the provided timeline from our friends at Bellflower, I'm just unclear on how we accomplish all of the required, say, best practices at hand to engage the community with such an important topic. I'm unclear, and advancing the measure to voters without a full developed implementation road map and impact analysis creates real risk both for the city and the public confidence. You know, I I keep up with most of you on social media, and and it's it's interesting to see the variety of information that's being put out there. I share that only in light of encouraging as we move forward to prioritize completeness over speed of the information that goes out, ensure that whatever consultant we engage with is properly vetted, is independent, and goes through rigorous review, and that commitment to public education outweighs political party or any public advantage around this. I really do thank you for listening and for considering what is best for Fountain Valley.
Verna Ayr. After Verna will be Leigh Martin.
Hi. I'm Verna Ayer. I've been a resident of Fountain Valley for forty years. So my question is why the hurry of putting this
Put the mic down.
On ballot and why make this a priority? And I say you're making it priority because you haven't answered the voters' questions that have been presented to you many times. Specifically, what benefit does this give Fountain Valley? And also, the cost analysis, the first thank you for, you know, having the person give us an idea what the operational cost is, not in dollars, just but in comparison. Another thing is I'm concerned about the safeguards that need to be in place to prevent corruptions, you know, as example of the city of Bell and also the bad actors in in Huntington Beach.
You know, what safeguards can we put in there? So I'm asking you to do some due diligence before you put this in the ballot and also to do major outreach to your constituents. Thank you.
Next up is Leigh Martin on Zoom. After Leigh is Brian Kewer, also on Zoom. Lei, you need to unmute.
Lei. Lei. Lei.
Lei. Sorry.
Yes. Yeah. Lei, you hear me now?
Yes. We can hear you.
Yeah. Good evening, board. But council members, thanks, as many have said, for entertaining our voices. Obviously, hearing from your community, those people you represent is critical. My wife and I have lived in Fountain Valley for forty years. We've raised our kids here. Now our kids and our grandkids all live either in Fountain Valley or just across the border in Huntington Beach. So I've had very firsthand vision to what's happened in Huntington Beach. I've been acting in my community in a bunch of different ways I don't need to go into. But through that, I've met a whole bunch of people.
I've become an activist in several ways. And I can tell you that over the last two months, I've been following this issue. By the way, there was a speaker earlier that asked how this became a topic, how it came to rise. I think Glenn had spoken on that in the past. And, Glenn, if you wanna speak more about it, that would be wonderful. But like I say, I've been following it closely. I have talked to literally dozens and dozens of family members, neighbors, community, friends, and nobody I have spoken to is in support of this. I have two friends, two neighbors that are on the fence because they don't know. They don't understand it. They haven't done any research.
They haven't read any of the details. But it clearly appears, as many have said, that this has come up very quickly, and it's being pushed in spite of negative feedback from both online and public speaking at meetings. The city attorney's discussion on the last in the November meeting presented both the pros and cons and the risks and really no key benefits. The consultant that spoke this evening spoke of the pros and cons and really no could not neither one of them articulated as the council has not articulated any clear benefits to our city. So the question becomes, what's the push?
Why the rush? Fountain Valley has been a successful city for sixty eight years. I often say that choosing to buy in Fountain Valley was the wisest, you know, decision I made financially in my entire life. Raising my kids here, my kids wanna live here.
It is a great place to live.
But this issue is obviously not being taken well by the by the community. As city council members, you have a responsibility to listen to and represent the needs and the values of your constituents. And while most agree that the city council has done a wonderful job over the many years, as far back as I can remember in managing the needs of the city and the financial responsibilities. It seems as if contrary to what a recent speaker just said, you're not listening. You're pushing forward despite the cost.
Just the cost to put this on the ballot is a risk because my gut reach, remember everybody I've talked to and all we've seen, is it will fail. So what's it cost? $20.30, $40,000 and more to put it on the ballot if we know that the city is against it?
Lee, your time is up.
Thank you very much.
Thank you. Brian Keeler, also on Zoom.
Hi. Thank you. My name is Brian, and I don't support the Fountain Valley becoming a charter city. For the sheer amount of pushback that Ted's received on the initiative, I'm surprised that he hasn't been able to pinpoint specific things that would benefit our city, and the report mimics something that I'd expect out of high schooler working on a weekend project. I've sat on this call for almost three hours, and I haven't heard one person who is for this. Like, Ted couldn't pay anyone $200 to be here and float his idea as a good thing. That's ridiculous. In addition, I'd also like for Ted to stop using ChatGPT to formulate his messaging when interacting with the public because it creates an output that is soulless and doesn't resonate well with the community. No further comments. Thanks.
Steven Schwartz.
Steven?
Okay. You're on mute. Yes. Good evening, council members and neighbors. Tonight, I speak as someone who has lived here fifty five years, and I urge you at this time to keep our city a general law city. Let's talk about physical responsibility. We all all want a city that's physically strong and accountable. Adopting a charter isn't just a technical change. It's a gamble with our tax dollars. K.
It brings brings new legal and administrative costs, but not a single dollar of new revenue. Why make an extra expense when our priorities should be clear, balanced budgets, reduced pension liability, and protect the essential services our families rely on? The state's framework already gives us proven oversight and accountability. Why fix what isn't broken? Consider the risks to the taxpayer.
A a charter gives city hall broader taxing power. That means more ways to raise taxes when budgets get tough. We're already paying a higher sales tax under Measure HH. It's to ask it's fair to ask, why should we shoulder any more expenses? What about re the legal reality?
Some argue that a charter will give us more local control, especially over housing mandates, but the courts have spoken. Housing's a statewide concern. Chartered cities that try to override state law have lost again and again. Pursuing a charter for this reason is not just futile. It's a waste of taxpayer dollars on unwinnable fights.
So what's the bottom line? The general law framework already delivers stability, transparency, governance, and physical restraint. Charter status should serve the residents, not shield the city from oversight. True local control means living within one's means, prioritizing physical integrity over symbolism. Fountain Valley's size and physical position simply does not justify a risky structural overhaul.
The risks outweigh the benefits. Let's not rewrite the rules just to escape accountability. Let's focus on what matters, public trust based on sound finances and good nonpartisan governance. That's how we build a city that works for everyone. Let's keep Fountain Valley strong, stable, and accountable. Please say no to the charter. Thank you.
Janice Fong.
Good
evening, mayor and members of the city council. My name is Janice Vong, and I'm apparently the baby in this group. I've only got fifteen years on you guys. I live, work, and raise my family in Fountain Valley, and I'm here tonight to speak against moving forward with placing the council drafted charter on the November 2026 ballot. My opposition is straightforward.
Becoming a charter city does not free Fountain Valley from state laws on matters of statewide concern. These include housing mandates, affordable housing requirements, and the allowance of sober living homes within residential neighborhoods. In other words, the issues residents are most concerned about will remain unchanged under a charter. This effort to convert Fountain Valley into a charter city is redundant, wasteful, and unnecessarily exposes our city to increased risk of abuse and corruption. I value the guardrails and accountability built into the structure of a general law city.
Additionally, the projected cost to place this measure on the November 2026 ballot between 66,000 to $75,000 is not an effective use of taxpayer dollars. I would much rather see those funds directed towards services and priorities that directly benefit our residents. Thank you for your time and consideration.
Marsha McReynolds. After Marsha will be Bill Spear.
My name is Marsha McReynolds. I've been a Fountain Valley resident for forty years. I was an engineer in my career for forty years and I've never seen a project this poorly planned in all those forty years. It really doesn't justify becoming a charter city. I am very strongly opposed to changing our status from a general law city and it has been working well the forty years I've been living here.
It's a wonderful city. It's a nice place to live, and I really wanna keep it a nice place to live and not turn neighbor against neighbor because of the whims of the city council at any given time. So it also seems to me that a charter city gives power to the city council, but it takes power away from the general residents of the city. I like the legal safeguards that a being a general city provide, and I want us to stay that way. And I really want the council to consider removing this from the ballot in November. Thank you.
Bill Spear. After Bill is Evan Jorgensen. Good evening.
Can anyone tell the citizens of Fountain Valley why we are having this discussion about converting from a general law city to a charter city? I've been to most of the meetings and followed the issue on social media. In none of the meetings have there been specific reasons provided by Ted Bui and voted on voted with with Jim Keene and Patrick Carverbrough who initiated and voted to support this effort to get on the ballot. I'm not aware of one Fountain Valley citizen that's in support of this that's come decided to put this on the ballot. The main reason I've heard from Patrick Carper, Ted Bouie, and Jim Keenan and the city count the city council members supporting this effort are nebulous reasons that Fountain Valley can better control their own destiny and possibly the housing elements required by the state.
Many of the comments I see from the few residents supporting this issue appear to be based on a misinformed notion that we can do whatever is best for Fountain Valley no matter what the state's position is on the issue. I do see in the agenda packet that Ted Buey would like the charter city document to enable anyone on city council to restart their term limits if we approve the chartered city. Not sure why this would be a part of this, but it seems pretty self serving. That alone shows they cannot handle any more power than they already have today as a general law city and gives us all the more reason for us to vote this initiative down. This effort to utilize the Charter City umbrella is the same tack Huntington Beach has tried.
They challenged having to submit a compliant housing element and also putting in place voter ID requirements. Both of these as well as other lawsuits were lost and the state's requirements prevailed at a great expense to the city of Huntington Beach. The city council supporting this effort, Ted Buoy, Patrick Harper, Jen Kinneen, utilized Michael Gates, the previous Huntington Beach city attorney, as a consultant on this proposed change in a previously closed session meeting. I'm not sure why it was a closed session meeting since it did not fit the Brown Act definition enabling closed session meetings without public visibility and the very important ability for Fountain Valley citizens to provide comments. Seems like they knew this was controversial.
I was a planning commissioner in Fountain Valley for five years and worked with the city council with the approach that Fountain Valley will submit a compliant housing plan and locally manage required housing in the city based on the overall plan. That housing plan is incorporated in a recurrent general plan that was approved by the planning commission I was part of and the city council sitting before you today. Some cities have failed to do so, the remedies are expensive and can result in the complete loss of local control on the overdevelopment. The other issue citizens have Found Valley need to know is that many of these developments include some portion of affordable housing that is really needed to enable teachers, nurses, young professors, and low and moderately paid employees in the businesses in our city to live in Fountain Valley close to their jobs. If this city council approves moving forward with us tonight, I ask that all citizens of Fountain Valley vote specifically against Patrick Harper and Jim Kunin in their reelection bids in November.
Ted Bouie can run for city council again in three years, and we can remember that if and when he runs. We will also remember this if and if and when any of these three run for higher officers and vote against them accordingly. This is nothing personal. It is just they have lost their focus on what is really important to the citizens of Fountain Valley, and they are not listening. Remember, your vote counts, and you should let them know how you feel on this issue. Emails and phone numbers are
filled at
Fountain Valley City site.
Evan Jorgensen.
Hello. My name is Evan Jorgensen. How are doing? I've been to every one of these meetings on this subject. Every time I have asked for a specific reason, some reason that we need to spend a $100,000, just one reason where we get a payback on this.
Not a one, not a half a one, nothing. You know, I was a member of the HHS committee for a number of years. The HHS tax provides a lot of money for the city. You wouldn't be having this $100,000 if it wasn't for the HHS money that all taxpayers are now paying. Obviously, we need the protection of a general law city to protect the public from unknown power grabs, okay?
And then as I've said before, Sacramento between 1933 and 2002, they had 54 elections on 111 amendments and 45 failed. Santa Ana, now I'm talking locally. Santa Ana from 'fifty two to 2012 had 76 charter amendments and 57 passed. Huntington Beach, charter city crown jewel, had 19 past amendments. Newport Beach has four past amendments.
Seal Beach has 10 past amendments. And the master plan community to the south, Irvine, has seven amendments. And they've only been a charter city for fifty years. You know, all that is costs that you haven't included to run a charter city. Missing from this list is of charter cities is Costa Mesa.
Now Fountain Valley is a nice place to live, but Costa Mesa is more diverse. You know, it's home to the arts, Seagerstrom Center for the Arts, the envy of all malls, South Coast Plaza, a community college home of the county fair, and a city that Fountain Valley leaned on to lead the way with their sober living ordinance. They have tried twice to pass the charter, getting only 40% and then 36% in favor of it the next time they tried. A simple charter city was originally told that it would only cost us $20,000 In this packet here, was $65,000 to $75,000 and not including an outside legal, financial and outreach numbers. Then a few sons later, it's 81,000 to 91,089 thousand dollars Bellflowers took five years to develop and cost $175,000 This is going to cost a lot of money.
In your packet, you know, a lot of people think housing is going to be I'm running out of time. It's a no vote for me, no vote for anybody that wants it.
Is Jen Mesiel here? Jen? Eric Lever. After Eric will be Ann Bettinger.
Evening, members of the council. I've been a Fountain Valley homeowner for thirty three years, and I'd like to add my voice to the chorus of Fountain Valley residents who have come here tonight to oppose the Charter City proposal. It clearly to me appears to be a solution in search of a problem. I understand and have heard from time to time that some residents oppose certain of California's state policies and laws. And I truly believe that the solution to that would be to try to work with the state government to try to pass legislation and policies that they prefer rather than trying to perform an end run around those laws, which was as we have heard from many speakers tonight, would likely not be affected anyway.
So in conclusion, I think that we really need to look at the experience of some of the other charter cities in terms of the legal entanglements that they have been involved with and the legal expenses which could run, I'm sure, into the millions of dollars. So in conclusion, I think that Charter City proposal would likely be very expensive for our small city and in all likelihood would accomplish nothing. Thank you.
Up next is Anne Bettinger on Zoom.
My name is Anne Bettinger, and I'm a fifteen year resident of Fountain Valley. I have raised my family here. My kids went through Fountain Valley Schools, and it's been a nice place to live. My question is why and why now? This has already cost Fountain Valley additional money that we don't need to spend.
There's too much risk to increased power to the city council members. Ted Bowie, Patrick Harper, and Jim Keene want this additional power, maybe for higher salaries or maybe just to back up the special interest or favoritism to other small interest entities. Huntington Beach shows what happens when the worst in the worst case scenario. Why haven't you pulled some of the Huntington Beach people involved with their decisions, processes, and results and included those in your packet? It's cost Huntington Beach millions of dollars, especially oh, I'm skipping around.
I noticed that Ted Bowie tends to favor small interest groups and others who have a specific narrow interest. This would allow him to do it easily. I worry about unethical contract and contract decisions which can cause great corruption. Why do we need this? Why change? This decision is a power grab and caters to the few. I am against it. Thank you.
I'd like to add I want to respond because I keep getting to hear the same message from the speaker, which is okay. The concerns are valid. But these comment I'll make and I'll hope the Attorney Carl can chime in. So a lot of people are saying that it will give the City Council power, more power. Well, charter status does not give the City Council unlimited or personal power.
That's number one. That's a misinformation or misconceptional understanding of the charter's status. On the contrary, it gives the voter on a certain specific area called municipal affair. And it gives the charter is like a local constitution approved by the voters. The general law see, the rules are set most set by Sacramento. Charter is the reverse. The rules are set by the voters. So the consent, you know, perception to give the council member more power is misinformation. And second, Charter City
Mayor, I'm sorry to interrupt, but we we do want to finish with the public speakers. Could we hold your comments and we can clarify? Okay. Thank you. We
have one more public comment. Anna Katsuki.
Mayor and city member and council members, thank you for the opportunity to speak. My name is Anna Katsuki, and I'm a resident of Fountain Valley. I'm here tonight to respectfully urge you do not not to move forward with making Fountain Valley a charter city. Fountain Valley is widely recognized as a well managed, fiscally responsible, and stable city. Our services function well, our neighborhoods are safe, and our quality of life is strong.
Given that, I think it's fair to ask what problem are we trying to solve? Becoming a charter city is not a small administrative adjustment. It is a fundamental change to how our city is governed. While it's often described as providing more local control, a charter can also mean fewer statewide protections and fewer guardrails for residents. It grants future city councils broad authority to change rules related to elections, labor standards, and city operations, sometimes without direct voter approval.
Even if the current council has good intentions, this decision would affect Fountain Valley long after today's members are gone. Transparency is another concern. As a general law city, Fountain Valley follows clear, consistent state rules that promote accountability and public oversight. A charter city writes its own rules, which can make it easier for major policy changes to happen incrementally and with limited public awareness. That is not a direction we should take lightly.
There are also costs and risk involved. Drafting, adopting, and potentially defending a city charter can create legal and administrative expenses. If challenges arise or future councils make controversial changes, taxpayers could ultimately bear that cost. At a time when residents are focused on affordability, infrastructure and public safety, this feels like an unnecessary gamble. Most importantly, I have not seen strong broad community demand for this change.
Residents are asking for safer streets, responsible budgeting, and preservation of our neighborhoods, none of which require becoming a charter city. Good governance is not about expanding power. It's about maintaining trust. Fountain Valley already works. I respectfully ask the council to reject the charter city proposal and keep Fountain Valley a general law city transparent, accountable, and focused on serving its residents.
And with the time left, I do not like what's going on with the housing in my community. I've seen homes knocked down and three story houses built. I have garages being changed into ADUs. I've got a whole house being built in a backyard. But becoming a charter city is not going to solve that problem.
Anna, your time's up. Thank you. Is there anybody else who would like to make a public comment that has not? Yes. Kathy Ellis.
Yes. Hi. I'm Kathy Ellis. My husband and I have lived in Fountain Valley for twenty eight years, and I'm here representing Mesquite Circle with my husband and our neighbor who also feel the way everybody else here has felt. For the most part, I think this is a good city. I've I like what you guys are doing. I don't see any reason to make any changes to the way we govern. I didn't even really know about this until pretty recently. And when I went around the neighborhood knocking on doors, asking people if they heard about this, what do they think? And they went, what?
What's a charter city? And then I said, it's like Huntington Beach. And they said, no. So I can't say anything better than what everybody else has already said, but I can tell you that if this goes on the ballot, we're against it and we're gonna make sure that anybody that votes for it is out. So that's my plan. Thank you very much.
Anybody else? Last call. No?
Can we take a two minute bio break?
There's a request to take a two minute break. I think we that's a good idea. We'll recess, come back in two minutes. Just as a reminder, we're on item 12. I just wanted to read the item just to get us back to focus.
Charter City provide direction to staff on language of proposed charter, designate a newspaper for publication of notice, approved communications plan and outreach materials, authorized city manager to engage survey consultant and outreach consultant. And so now open questions, comments from from council, and we have city attorney Burns also as part of that discussion. So who wants to go first? I guess. Constantine. Thank you.
So I'm gonna try something but if it doesn't work, I'm prepared to talk more. So I'd like to make a substitute motion that we totally abandon this item number 12. And that's pretty I'm thinking a second.
We haven't discussed that's not a discussion.
Well, it's a thought.
Okay. Okay. So
So the main motion is off to the side. There's a substitute motion on the floor. Well,
we have an agenda item.
Doesn't have to make a substitute. She could just make a motion. The motion could be to
To abandon this.
Kick this down the road, cancel it, whatever.
Yeah. I'd suggest that we we all comment before a motion is made, but that's
No that's just my problem. Okay. That's Well, I said, I'm prepared to continue. It was worth a shot. So anyway, I really appreciate all the public speakers. And you know, was a no as we heard. Fountain Valley, very soon, we're gonna be 69 years old. Next year is gonna be our seventieth. We did hear something in here about, new developments. Council member Bowie mentioned about parking.
It was governor Newsome, California governor Newsome that signed off on AB two zero nine seven. And again, whenever there's a major transit, situate stop or a bus stop within a half a mile, A lot of talk and consideration about parking is just not there's no value to it. So there's that. But anyway, moving forward with this item as is, if we are going to continue with this, part of the item here is for talking about how we would like to do community reach out. So to make it easy, I would say everything on page five zero three, all the reach outs that we've done to get to this point already, which would include social media posts, Facebook, Instagram, Nextdoor, city webpage, city website, news flash post, city November newsletter digital, mass email to various distribution list, air on channel three, flyer distribution to the following locations and groups to be city Hall, Fountain Valley Library, city senior center building, senior living communities, senior living buildings, senior groups and clubs, recreation center buildings, churches, youth sports leagues, schools, PTAs that we have contacts for, and nonprofit community groups.
In addition to that, I would like a notice at least one to be sent to each Found Valley address if that's done by info send and also utility billing. Also notification in the Orange County Register, five city events and I kinda wanted to know what they were even though I made my own list on the back. But just to verify, parks, staff reports and presentations on the city website. And then we have languages, Spanish, Vietnamese, and I wanted to add one because we have several businesses that are Turkish. And I would like to include Turkish as part of the language.
And I think so the only thing I don't wanna do so all the places we've we've noticed for this meeting on page five zero three and then five zero one, the proposed. So it's easy for staff, but I do have a list of everything I said. The only thing I don't wanna do, honestly, is advertise in Fountain Valley Living magazine. That's supposed to be a community magazine. It would be in the form of an ad and I am not for that.
And we can elaborate more if we need to. But that's my my thoughts on this. I'm a no on this, and I'm trying really hard to keep keep going with this. And just like the electronic billboards, I I can't just sit in the corner and just be quiet. I have to participate. So thank you.
Okay. Thank you. Other council comments?
Yeah. I'd like to finish what I said earlier. And I want attorney Carl, if you may, and clarify because I've been hearing this all night long, keep repeating the same thing that's saying stating that charter rules give unlimited power to city council, and that's not true. Charter City give those power on the contrary back to the voters to decide instead of Sacramento. And that Charter authority comes from voters, not from council members in written in advance publicly and it can be limited, revoked or amend by voters.
And it does not give council member unlimited powers. And I just want to make get a clarification on that.
Thank you, mister mayor, members of the council. So since I'm an attorney, I have to give you a full context of of my response, which is this. Any city, whether you're a general law city or you're a charter city, doesn't matter. The question of whether or not the city is run correctly and in accordance with what the voters in that city want wanted to run is up to the voters. It doesn't matter which type of city you have.
The difference between a charter city and a general law city is a charter is actually a constitution. It's like the California constitution, it's a federal constitution. It's actually legally a limitation on the powers of a city. From the standpoint of a pure legal argument, cities have police powers which absent a charter or absent the we've talked about the barriers or the the guardrails. Absent the guardrails of law enacted either by the state legislature, by your charter, or by the city council, those police powers are unfettered.
So if we wanna talk about giving unlimited power to to council members, no, there is no there is no unlimited power to council members regardless of whether you're in a charter city or a general law city. The the actions of elected officials and appointed public officials like myself and Colin and your city manager, they're all regulated by federal constitution, the California constitution, the laws that apply to this, criminal laws. You can't change criminal laws as a charter city, so criminal laws apply. If if there is, I've heard a number of and it's not the first time, I've heard several commentators observe that a charter encourages corruption. Well, a charter doesn't by itself encourage corruption.
The failure to enforce the charter, the failure to make sure that elected representatives are accountable to the voters, that's what allows those types of things to happen. So
And a failure to have a in-depth charter to protect
So that's exactly where I was going. So if the voters wish to have specific duties and obligations assigned to their council members, to the representatives that that are the ones responsible for enforcing the charter, enforcing the laws that are adopted by the city, those should be in the charter.
Okay. Perfect. So we could rest the rest of that. Well, to to your point, which is okay. Let's put those in place. So to that, we could put the rep to rest by saying that giving you charters will give only power to city council, which is misinformation incorrect.
Actually, it's not incorrect.
Hold on. It's not incorrect. No, don't want
you to go to the next point before we get off this one.
Why won't you allow me to speak to the next point?
Because I want to address
this one.
You can do it after I'm done.
Because otherwise, it gets forgotten. You'll go through 10 different items.
I'm not going to 10 different items.
Nobody said it gives council members unlimited power. It gives us too much power. Yeah. Such as you're proposing that your term limits get reset.
I never say that.
It's in your it's in the agenda packet. It's in
your Let me tell you this.
It's in your charter.
Let me tell you this.
If we go district,
our term get reset either. Has nothing to do with it. Are you willing to
go district right now? If we need to. Okay. Let's go district.
But my point in trying to say is incorrect to that statement. It could be anyway. Let me finish my next point that you interrupt me, so Mr. Call cannot respond. So the point I was trying to make is, it give unlimited power to the council member is incorrect. No, unlimited. That's what it says earlier, something public speaking. Too much power. Yes. Okay. Well, if you feel there's too much power, the public can put the guardrail to the power. Because the public is voting on it. That is correct. Yeah. Guys That's that's not We could say
time to talk, please.
Council member Bowie has the floor, please.
That that's not true. You all those change can happen insulin, and it doesn't have to do amendment. If the public feel that there's something wrong in the policy, they will make to change through the municipal ordinance, how we monitor this policy. Am I correct? You don't have to wait for two years? No. Instantly you can make this change.
No. Mister mayor, members of the council, I I hesitate to get drawn into your obvious policy discussions about this. I stand by my previous observations about chartered and general law cities. Again, I'm here to provide you with technical assistance, and I understand that there's a greater debate. And that's why people elected you to have the greater debate and to listen to your constituents on that particular debate. So I'm happy to help you with the technical assistance, but that's what I can help you with.
Okay. I just wanna finish that thought earlier. We we got interrupted. Thank you. Okay.
Council member Gratus,
any any comments?
Okay. I think the public has spoken.
Is that it? That's it. So if you say the public has spoken, some of the public members mentioned earlier, the population of the city. Tonight, the public has spoken. Alright. We hear your concern. It's only 30. It's not they a representative of the entire city. That's number one. I'm not listening. Mister That's a portion of the city. Okay.
If that's the case, I'll give you that. Let let's hold on. Let's say he's right. So what we need to do is a proper survey of the community to see what they want. And if they don't want it when I first put when this first came about, I did the compromise, and I said, let's do two town halls. If we do two town halls and the overwhelming majority of the people, even a majority of the people, are for it, then we should consider it. We held two town hall meetings, and a majority of the people were against it, and you still went forward with it. You're not listening. Tonight, there was plenty of people. There wasn't a single person in favor.
Now statistical samples, I get it. This isn't necessarily a perfect case, but I'm fairly confident if we go to a survey, a statistically valid survey, that we're gonna get something similar to this. We had an update on the parks plan earlier today. And in the parks plan, we did a statistical valid survey on the parks, which is important, not as important as a charter city. Sorry, Rob, if you're listening.
But it's not. This is a major change to our city. And if we're gonna do it, let's get the citizens involved. Let's start a citizens committee to determine what should even be on the survey, what questions to be asked. You and I should step aside because we're both too passionate about it.
Let the two other council members do an ad hoc committee, put something together, and let's get a real flavor from the residents to see are they interested? And if they're not one thing I would want on the survey is even if you're in favor of Charter City, is a Charter City more important than our $90,000,000 unfunded pension liability? Is a Charter City more important than us getting a new fire station that we paid $8,000,000 for the land, and we need a plan to put in a new fire station? Or what's the third one? There was another big oh, oh, the third one is the parks themselves.
When I was mayor, we got 14 and a half acres. When you became mayor, we got another acre and a half. We have 16 acres to plan. We could be bringing the community together. Instead of dividing us, we can work together.
And mayor, I know that you do things for the right reason. I know you listen to the constituents. And if you could be the leader to lead us in these areas of importance, what the residents say is important, and maybe two years from now or whenever we after we do a real survey that there again, I'll throw it out there, like I said, with the town halls. If there is an outpouring of the residents that they want this, I'm right there with you, and I will support mayor council member Bowie to make sure that this passes. It's just not there at this point.
I'm gonna jump in. I wanna give council member Harper a chance to speak, and then we'll continue on. Floor.
Thank you. Thank you first. I want to thank thank everybody for coming out today. I appreciate you. Giving your input to this process. Want to thank the staffs, and Maggie for getting us additional information about the charter city. Mister Jung. Thank you. Thank you for coming out today and lending your experience with Bellflower. Also Drew, who's on the line that has some experience with Charter cities.
And know since the last meeting, which was was it November? November, we've had you know we've got a lot of new information and you know, had time to consider this new information and and with the city of Bellflower, it's a recent example of a city that's close to us that decided that converting to a charter city is a good idea and they have provided kind of a road map if. You know Fountain Valley. Wants to sort of get to that place and and think that Charter City is a good idea. But you know some of where I heard a lot of concerns today.
One was the cost for changing the city. Support for charters charter City not clear within the community. Know is there. There's a lot of people that seem to be against it. It's clear. No. It's clear to you, but it's
clear everybody here.
You you can't interrupt you.
Can't I hear them talk and have to listen to all you guys So there are the benefits of changing to a charter city are not not clear. There's a kind of a trust issue with the council. We don't wanna be like Huntington Beach. Somebody said it's a partisan issue and there's concerns about corruption that we heard about. So you know, think there's one can you go back to the slide before this?
There's one slide before I think it is. No? Think it's the slide before.
Mine's not working either. Let
me find a page on the agenda. There it is okay. So this is a this kind of this slide I think is a good slide, it says in at the at the bottom, it says success requires informed voters careful drafting and realistic expectations and. You know, I think that that kind of sums it up. And so, although, you know, I am in favor of charter cities that they somebody mentioned what's what's the reason?
One of the reasons for me is SB nine and and which is the lot split legislation from Sacramento. And currently, the the charter cities, Redondo Beach and a couple others have been successful in sort of becoming exempt from that. You know, that could change, but that was one thing. But anyway, getting back to the main topic. So I think that we should follow the Bellflower roadmap.
And as the first part of that roadmap, I think we should do a community survey to statistically valid community survey to gauge support for the for a charter city. And we can include other items in there as part of a community survey. Think one of the things we learned from Bellflowers they do a community survey every two years to gauge you know on a bunch of things. But I would say that we start with that. Pump the brinks a little bit on this matter.
And based on after the results of that survey, decide the next steps You know, with a the next step they took was the citizen committee, which I think is probably a good thing to do as well. And then if there is if there is still support, we can tee it up for 2028, which will be a presidential election year. A lot more a lot more voters and so that's that's my thoughts at this time. Thank you.
Okay.
I'm going to go back to council member Bowie wrap wrapping up thoughts.
I have a lot more than just wrapping up the thought because it's a discussion right. So a lot of it was talk about partisan, and I'll show you my thought on that. But in the meantime, Rick, can you go and bring up the slide that I emailed you because people are asking why do it now? In the e mail. So this is an operating cost under general city.
As most people don't understand or probably don't know, there's a cost operating as a general city. Well, let's take a breakdown. What are those costs? So as you can see, those are the breakdown from planning to planning. And these are some of the costs in the last five years.
These are the data from our Finance Director that provide me and we were able to calculate the cost operating under Generalocity. As you could see, as time goes by, it caused us to operate as Generalocity under the state mandate. This is what Council Member Kunin was talking about that what are the potential savings everyone under Charter City. As you can see and from my understanding, it will continue increase because the state will continue to put mandate on city. So that will continue to increase the cost. So if you slide down, please.
I'm sorry. What's the comparison for Charter City though?
It's coming. Okay. This is go back to the slide so people could see that there's a cost. And this is what the state has reimbursed us up to date. And what was the dollar amount? I'm sorry, that's a no, if you go down, you'll see it, right there. It cost us last year $2,800,000 to operate under state mandate. But how much did we receive back total? 2 and $37,000 That's as much to the German talking about analysis costs. That's how much we got to refund under the state mandate.
That's very little. Now if you want to go down, if we were go to operate under Charter City, well, which is what I've talked earlier, seems like I'm repeating the same thing redundantly. But we can run if we depending on how we craft our ordinance measure. If we craft carefully, not conflicting with statewide concern matter, we'll be fine. And that is so I was looking at it.
So what's the difference really difference between generosity and charter city? General city, you have to adhere 100% to state mandate rules. Charter City is 80% because it's a matter of statewide concern. So that leave us that 20%. That's why they say Charter City give you that local control, give you that flexibility and the and the power to the to the direction of this belongs to the people, the voter, not Sacramento, not us.
So to understand that say, oh, just give us more power. Okay. It's not true. You if you understand it, you have the power, the people right here, not Sacramento.
Wasn't this part of the presentation?
Rick, can you please move to the next slide? So safely, if under our current spending, 2,800,000, remember last year, 2,800,000.0. If we craft within our 20% perimeter, that's the area we could save annually, between $232,000 to $408,000 10% is conservatively. Once again, we got to go to the point area that I mentioned earlier. And the staff will have to identify how to cut the costs.
I'm sorry, can you I got a question about this. Can you tell me where you got this information? There's no reference to where you're coming up. I understand the cost of that Ryan gave you, our Finance Director, but what about the cost of Charter City? I don't
The cost of the Charter City is how you implement it on the city ordinance that you can control within the 20% of perimeter as a charter city. Keep in mind, which is as long you craft or ordinance measure does not conflict with matter of statewide concern. And that's where the saving comes in.
Can you show where you got this information other than you just putting it here? Like, when you do a research paper for a college, you reference where you came up with this data and information. Footnote. You know? Footnote. Yeah. There. Thank you. This this is just numbers. Like, where how did you come up with this?
Okay. I guess you still didn't understand the concept then. The concept is remember, Charter City, you cannot touch that 80%. And then the 20% Can
you show me where you got that information? What does that mean? You only can control 80%?
No, you cannot control that 80% because that's statewide mandate. You cannot control. You're going to control the area that within a parameter, which is go back to earlier, which is adopt our own municipal rule right there. I mean I don't know how more to explain to you. If it's local procurement, public work contracting, those are the area that we can control as a charter city, and that translate into the savings.
I don't follow that. Sorry.
Well, perhaps we need to have more in-depth discussion.
That would be nice if you would have provided this in advance, maybe we could have considered it. So
that's for that. Now I'm going go a little bit respond to the partisan aspect of it. First of all, yes, you did compromise by moving forward with the charter city and with the two town hall meeting. Yes, you did say that. And that was if I remember, it's either May or June. It's one of those two months. Can't remember the exact date.
Sounds about right.
And I appreciate that. So my concern here is keep in mind on the date timeline. So I will ask you a few questions and I'm going give you this. I'm going ask you to pull it up.
Feel like I'm on trial.
You have raised concern both on the dais and also and on social media. At several city council meeting, our attorney has explained at length the potential benefit of becoming a charge city as well as attorney called today. Yet you continue to state that you do not see any benefit. I respect your long service and your commitment to Fountain Valley. However, I believe the community deserve a full and open discussion about the real practical advantage that Charter City Service can offer our city.
At two separate meeting, you and Council Member Konstantin referred to this effort as a political stunt. When I asked whether you would reconsider the statement, you declined. So Rick, can you bring up this slide June 3? Just click it, you'll be able to play it. June '3. Yeah.
This
is highly political. Why we would do this?
Okay. If you will
get even mayor John, I like mayor John to be a that served
on him.
Okay. The point I'm trying to bring this is there was two incident that he have said that
this is
political. And the point of that is to show that I'm not making this up and you might not catch that meeting. So that was the point of that. Now perhaps that made me curious why such a serious acquisition by both of my council member. Perhaps is it easier to gain public opposition by calling Charter City a political stunt?
Many public comments now repeat the same narrative in two separate survey and at past City Council meeting, including tonight. We don't want to be like Huntington Beach, spending millions on litigations. I understand that concern, and I do not blame the resident for feeling that way. But Fire Valley is not Huntington Beach or Charter would be written carefully by our city attorney and I believe this council would act responsibly to avoid that outcome. You have a lot of concern? Great. Let's put those guardrail to all your concern. There's nothing wrong with that.
But we're talking about doing a two page simple charter. We're not talking about
You because why? Because that's a simple charter, so most people will understand. And as we go guardrail, because you want the public engagement. What guardrail would the public want? You might have an idea of certain guardrail, but while the public might have a better idea, that's what the municipal courts comes in to change the ordinance for the guardrail.
Council Member Bui, you mentioned but you didn't back it up. Do you have anything on me?
I will let me get I'll get it. Saying Let me back it up. You did say to the same relative. I'm going bring it up.
Well, something's off here.
Okay. Hold on. Hold on. I'll get to it. So I believe council act responsibly without, like I said earlier. So council member, why do you oppose to charge the status? I'd like to hear from
You know, at this point, I think we should you should just kind of move on and get to the end. There's no there's this this is just counterproductive. If you got a if you want to state your case for charter cities, that's great. And go do it. But you don't have to engage in this Okay. Back and forth with other council The
reason why I'm laying the framework so people can see that's why that's why it is.
Oh. I
I gave a I think it was twenty minutes I put the video on social media, all the reasons why I was against it. Off the top of my head, it's the cost to do it. Even our guests tonight, you know, making $500 an hour. It's been four hours. We spent $2,000 on one. We spent a couple thousand dollars on the others. So the cost of staff time and everything to do this. Two, the residents are against it, so why do it? Three, I am worried about counsel compensation. And again, I said this before, I don't expect any of you guys to do anything illegal or wrong or whatever.
But what we're doing is we're allowing the potential for somebody else to come into our city, spend a lot of money to get elected for the wrong reason, and then make those changes. And the cost of changing the charter and quite candidly, the poor planning that went into this, you know, when we voted on November 4, you literally said, I don't have a plan. And you turned it back on me and said, well, you had seven months. Why didn't you come up with a plan then? I'm like, you gotta be kidding me. I don't want this. This is not good for our community. Would you like more reasons why I'm against it? No. I just wanna hear
some. Okay. Alright. Alright. So if that was the case, because as you heard tonight, this is partisan, right? This is partisan. So my question to you, have you ever received support, endorsement or assistance from a political party or political affiliate group in your city council campaign. And I understand this is a nonpartisan seat, but often speak about the importance of transparency. So I think this is
a good question. Inappropriate This out of line. I encourage you to just move on and you know get on with the merits of a charter city instead of trying to impugn another council member.
Yeah, mean okay. I'm I'm gonna I'm gonna stop conversation for a moment. What I would like to do is encourage councilman Bui to wrap up your closing argument. If you can do that in five minutes, we'd appreciate it. As was mentioned, we're on the clock in multiple with multiple. So can we do that? Can we wrap up in five minutes? Can we hold comments from other council members? And also try to refrain from accusatory statements. Let's stay on Item 12, if we could, please. And let's move forward. Thank you.
Okay. So here's the one I'll try and get with this. I feel that based on the acquisitions, so I've done some investigation work. And I was I discover and deeply concerning, disturbing and troubling, that it raised serious question about the true nature of the opposition to Charter City. This lead me to ask a various questions and direct questions.
Are you generally acting in the best interest of our city? Or are you responding to a directive from a Democratic Party of Orange County opposed to Charles City? Here's what I'm getting with this.
I'm happy to answer that. Hold on. No, I'm happy to that.
I'm not done. Let me finish my thoughts. If this letter is true, it is profoundly disappointing. But if it's not,
great. Okay.
I believe your heart is in with the city, and I can believe and I believe that you care for a for a resident.
I appreciate it.
By choosing following the party line over independent judgment will be placing the political party.
Yeah. If you were correct, I would agree. That's a problem. I can tell you right now, the Democratic Party of Orange County, the Independent Party of Orange County, the Republican Party of Orange County, none of them have talked to me about being a charter city for or against it. They have no official stance one way or the other on charter cities. And I will say Bellflower is, what is it, 56% Democrats? What is the so this this is, you know, you're you're reaching for things.
Okay.
Actually, you're not there. I know they're a majority of them. So wait. I'm gonna respond, though. I think a lot of concern from the communities. You brought this up. You met with Michael Gates. You brought this together. You brought it to the city. Will you commit right now that you're not doing this for higher office and you will never run for higher office again?
I could say that I'm not doing this.
I'm jump going in. Think we're way off topic
I need to bring one point though because he's saying that it's not accurate.
Your point's lost.
No, it's not. Rick, can you bring up the slide?
My request is to wrap up Charter City.
I'm bringing this slide and I'll
wrap It's it within five minutes. Can we
do Yes, I can.
Thank you.
He's saying that I don't have anything to wrap. Can you bring in the slide DPOC letter? This letter was dated by May 13 from the Democratic Party opposing to charter city status. On behalf of the party, we expect a strong opposition to any proposition proposal to transition to HRC. Slide all the way to the bottom.
Keep going. Go back up. We urge City Council to consider the potential ramification. That's my concern. And since he was since that date forward, he has been pushing back.
No, I've been pushing back since when you met with Michael Gates in closed session, which was in February before this letter. And I will say, I have never ever received or seen this letter before ever. I don't know where it came from.
Does it even deal with Fountain Valley?
It it's it's not specific to Fountain Valley.
It's not
I could also say that I have never gone to a Democratic party. What's the meeting you went to last night, Jim?
Central Committee.
Central Committee. I've never gone to a central committee meeting, whereas you guys all went to a central committee meeting last night. So if we're talking partisanship, I'm my old man. I will never run for higher office. I answer to nobody but the residents.
That's not true because Absolutely true. You'd be endorsed by the party. Okay. I think our five minutes are true. Ted, you're not just wanna make sure that not
doing this. And trying to do a smear campaign and you're
I'm just want make sure that
you're failing miserably.
I just want to make sure that your decision That's is not the best based on
you got for us to be
a charter city, then I'm asking you guys right now. Let's I will second Council Member of Constantine's motion. Alright. You
want wrap it up? Okay. So my remark to wrap this thing up is thank you. No, that was
Nice try, Ted.
Thank you for everyone who took the time to speak and share your concern tonight. I appreciate the residents who are engaged, passionate and protective of the city. I want to be very clear as we close this discussion, I'm not supporting the charter city conversation for personal ambitions, political gain and ideology. My only responsibility is to found Vale and to the resident who live here and now and in the future. I hear the unease, frustrations and skepticism many of you have expressed.
You're absolutely right that residents deserve clear and honest explanations in plain language, including both the potential benefits and the limits. When information feels incomplete or one-sided, it create distrust and I acknowledge that concern. There has also been a great deal of misinformation circling online and at meeting. So I want to clarify a few points simply and directly. Charter City status does not only raise tax.
It does not force the city into lawsuit. It does not require regular spending. It does not create new department, new staff or new operating budget. It does not eliminate state mandate across the board. But Charter City status is simply a form of local governance that allows voters, not Sacramento to decide certain municipal matters if and only voters approve.
Nothing happens without voters' consent. I also want to address the frequent comparison to Hudson Beach. The legal and financial problem that were caused by specific policy choice and litigation strategy made by their elected official, not simply by being a charter city. It is important to understand that as a general law city, FarmValley would face the same exposure to litigations if future elected official choose to pursue the same path. Lawsuit are driven by decision, not by the form of governance.
Whether FarmValley remains general law city or becomes a charter city is not a decision made by council member. It is a decision made by resident at the ballot box. All responsibility as council members is to ensure that the discussion is accurate, transparent and honest, so voter can make an informed decision. And I believe that's why Bellflower increased from 63% to 73% approval rate at the end because the information was neutral. I respect disagree with the idea that this discussion is a waste of money or a political stepping stone.
At the same time, I understand why it can feel that way when people believe information is missing or unclear. That perception matters and it is only us to address it better. Fan Valley has always been a city where neighbors can disagree respectfully while still working toward the same goal, keeping a stable, well run city and a nice place to live. No one here wants chaos, unnecessary conflict or preventable lawsuit. To anyone who still has questions, doubts or concern, I want to extend a sincere invitation. I'm
more
than willing to sit down with you one on one or in small group to listen and answer questions and walk through the facts calmly and transparently. My goal is not to persuade anyone how you vote. My goal is to make sure your decision is based on accurate information, not fear, frustrations or comparison that do not fully apply to Farn Valley. At the end of the day, we all share the same goal. We want to protect our city and preserve the quality of life that makes Farn Valley special. And I believe that continuing this conversation thoroughly, respectfully and together we can get there. Change is never easy. Thank you.
Thank you, Councilman Buoy.
As I One final comment and then I'll stop. Okay. Promise
One more, and then we're going to Councilwoman Oh,
sure.
First off, you said Huntington Beach it's not that they're a charter city, that their council members were acting inappropriately and suing and all that. But if you remember, Hutchinson Mitch did all of their lawsuits on the basis they are a charter city. So you're wrong on that. And then second, do we have the gentleman from Northern California still on the phone on the Zoom?
Drew Corbett?
Yes. Drew? Yes. He's still on.
Still on. Drew, sorry. So one question. When we had our meeting prior to this, I asked you what was the number one or what was a major advantage of the charter city, and your answer was the ability for counsel to raise taxes. Is that correct?
One nuance to that is it's it's the ability to take taxes to the voters. Those taxes would still have to go to the voters, but but, yes, the charter provides that ability, particularly for the real property transfer tax.
Okay. Thank you. And when I had responded, our city council has made it quite clear. I think, Jim, you were mayor, you were on the call that we would not raise taxes. That we're fundamentally against that. That takes away the biggest advantage. And I think, you know so when you say the council doesn't have power, it gives us too much power. And you accuse me of, you know, doing stuff for nefarious reasons or being controlled by somebody else. Can you I committed that I will not run for higher office. Can you commit you will never run for higher office? And, Patrick, please let him answer.
No. I think this is just a stupid question. I mean, it's you know, it's great if if one of us gets to higher office, that's great. Then we have somebody up there that's from from Fountain Valley. I mean, what's what's the problem?
He's doing the best interest of himself and not answer the question.
Like I say, that to his questions is, I don't think it's relevant. I always said earlier, my reasoning already. I I might go repeat said
the question you gave me, but you won't answer the question.
I already did. I always said at the beginning, I guess I'm after you want me to repeat the same thing?
I that
my I want to be very clear. I'm not supporting the Charles City composition for personal ambitions, pursue gain or ideology. My only responsibility right now is family and to the resident who lives here for now and into the future. And I said there's a benefit of cost savings. You don't want to see through it or you can't see through it or you want to see down, I'll be more happy to show you. Now to ask you Andrew earlier, is that the only one? No. That's not the only benefit. That's incorrect.
I'm done, Mayor. Thank you.
Arguments have been submitted. We're moving on. Okay? And in order, first, let's go to Councilwoman Constantine and then our city manager.
Just to wrap up very, very quickly. Let's not forget, please, that we had 30 emails from residents to city hall email because I saw them, and they were noes. About 30 speakers tonight were noes. Our survey results that we had in the past mostly noes. Two town halls mostly noes. All the city council meeting discussions, study sessions, everything we've had mostly noes. So that to me is an indication of no. And that's it. Thank you.
Okay. Thank you. City Manager Lee?
May I don't think I have anything to add. I think we just want to wrap this up. Just want to state that this is a city council initiative, and staff are here to provide information for the city council to make an informed decision for the best of the community. So the ball is back in your court.
Okay. So we're on item 12. Sure. As I've said multiple times. What I would like to do is direct this towards some action, get us moving so that we can get some resolution. And what I want to do mention, Councilman Harper,
is I would
like you if you could elaborate a little bit more on, I think, what you gave a direction and sort of a timeline. And if you could just clarify that, then I want us to move towards some kind of decision here.
Okay. So what would say under alternative number one, I would say you know I'd I'm I'm okay with number four with the authorized city manager to engage a survey consultant. For the purpose of gauging. Community interest in in the charter city issue. That's that's what I think I think we need to kind of the next process would have been public hearings, but I think I think we need to like I said pump the brakes and the first step in the in the road map from City of Bellflower is to really get that statistically valid survey to gauge public interest.
That would be my motion.
Okay. So I would actually like to make a substituted motion.
Okay.
Okay.
What we gained from learning about Bellflower's experience is their process. And the very first thing they did was they formed an ad hoc committee with two council members and, I think, seven community members. So let's just put that to us aside for a moment. Anything that is worth doing should be done well. And I'm convinced at this point that while the spirit was there, the idea could be argued as novel, plus or minus, good or bad, however the debate has been going.
I think the way we've approached it, we've buggered it up. I mean, let's just be candid. And so I think what I want to do in my substitute motion is to move towards an ad hoc committee and start this at the beginning where we should have started because now we know better because we've got some models to follow. So my and that's a starting point. I I don't even wanna get to a survey yet because I wanna get advised by an ad hoc committee who is informed and who we all agree would bring wisdom and would bring community input and a sense of direction to us.
Okay? So that that's my substitute emotion. Does that make sense?
I like the idea. How would you determine who we pick, the seven people?
That's a great question.
Could bring it up.
What did Bellflower do?
We would to put it on Let's the go to Bellflower. It's an action item. So it would be an agenda for future consideration. It's sort
of the best model we have.
You have any model you want to talk about? No.
I'm convinced that based on experience or the feedback that we got from the city, and we've had multiple conversations for free. So yes, please.
Thank you, mister mayor and members of the council. The council appointed two of their members to create the ad hoc committee, which came back to the council with recommendations for not only expanding the committee, but also for names on that committee. So that's how that selection process occurred. There was no application or interviews or it was members of the community that that were well known and were trusted by by the electeds.
Okay. Okay. So there's a motion on the floor. I think I would like to have city attorney Burns sort of help us with this since we're all
So there's a motion. I don't think it's received a second yet, but the motion would be to essentially stop moving forward with the current plan and, at a future council meeting, agendize, create an ad hoc committee to discuss charter language to discuss becoming a charter city. So we'd put it on a future agenda.
talking about the ad hoc committee, that's my substitute emotion.
Yeah, that's right. And actually
the formation of an ad hoc committee.
That reminds me. I think we did have a motion to second first.
No, was the motion for the survey.
It was council member Constantine made a motion, and I believe Councilmember Grand has seconded it. So we have an active motion on the floor. We haven't received a substitute motion that's received a second yet. So the motion that's still pending is Councilmember Constantine's.
Yeah. My substitute motion would be to, I guess, engage to it engage a survey to gauge interest from the from the community and also may make it like a community survey. We can ask other other stuff. I think an ad hoc committee in the case of Bellflower, you had a sort of a unanimous council that the Charter was a good thing to do and and I think in this case we don't so I think that I'm I would not support an ad hoc committee at this time.
Like to second Councilman Harper's substitute motion for a survey going forward.
So I have an issue with that. Not that I don't like the idea. Think it's a great idea. But I think we have to be very specific on what the questions are going to be and how we're going to come up with those questions.
Sure. I think we can
Maybe we should have an ad hoc committee to help put that together.
We actually we have a gentleman from FM3 here tonight. They have a scientific method for how they create their questions. Some of it deals with what we're going to have in our charter. So there's a little bit of a cart before the horse situation, but they have done surveys before charter language is crafted. Just as kind of a preliminary dive into it.
Kim, I think it would come it can come back to the council for approval of what the survey questions are.
Survey questions would come back to council.
But mister And
and my understanding too is that we're gonna do a survey that's beyond charter. It's other things as well that will include an overall survey.
Yeah. Okay. Mister mayor, didn't you just
Yes, councilor.
Didn't you say please correct me if I'm wrong. I thought I heard you say a little bit ago that you didn't feel we were ready for a survey. Did I hear it incorrect?
My motion failed. So my substitute motion failed. So I'm
Thank you.
Trying to reach
No, his motion was for an ad hoc committee.
Failed. Okay.
For lack of a second.
Okay. So you have a second.
So any discussion on that substitute a motion from Council Member Harper?
I have questions. Timing, like when how are we going to do this? When are we going to do this? I don't know. I have this question for our city manager.
So first, I wanna, attorney to Burns to summarize what I understand currently, in regards to timing, and the mayor can provide clarification. It is my understanding as there is a request from staff to get additional proposal on top of what is being presented to us at this point in time by FM three. And I think it would be good for FM three since they're still with us right now, if they can provide some clarification in regards the best method to arrive to potentially questions for city council future consideration based on their experience with their clients. So maybe Colin can summarize what motion is on the table. It has not been voted.
And then FM3 can go ahead and provide clarification. And then FM3 can also provide potential time line. And so City Council will have a better understanding.
The motion on the table, from my understanding, is put the brakes on all four of the items that were listed in the agenda except give the city manager authority to engage a survey consultant. Council, give us authority to do that. The survey consultant is here tonight. If they can give us just a brief 50,000 foot road map of what it would look like for you to start the process turning.
Adam Senan, FM3. Thank you for having me. In terms of the development of the survey questions, I think our goal in terms of the charter elements here is to gain broad stroke sense of what people's interests are for the concept of this, provide them with some of the information that has been shared detailed at level and see how that may impact their level of support. The goal there is not to try to influence an outcome in one direction or another, but rather just to make sure that you as a council have an understanding of what the voter support is for this concept. We would, in addition to that, as Vice Mayor Harper said, you have the opportunity within the survey to ask some questions about the services provided by the city, problems, issues, ways that the city services could be improved.
I do wanna caution the charter issue can be complex. The survey can't go on forever. So this wouldn't be there wouldn't be as many questions in that sort of section as there would be if we were to do a dedicated community satisfaction survey of the kind that Bellflower, for example, and other cities do, where the entire survey is just dedicated to issues of the importance of different services, their satisfaction, the problems, changes, specific proposals. We just don't have time to do all of that within the same survey, but we can do some. And I think that would be helpful.
The one thing I just want to throw on the table, and I hate to pull back on something that you've all talked about already, generally speaking, it's not a great idea to take the questions from your survey and present them in open session for the council to debate for a couple of reasons. One is that then you basically just have everybody start studying and preparing in groups saying, oh, tell them this, tell them that, make sure you pick apart, you know, tell them that answer. You may want to think of a different process, and we can work with Maggie to give you some suggestions of how you can have input on the survey questions, make sure that they seem appropriate without a broad discussion word by word of each question in public.
Okay.
That's a
good point. Okay. Okay. Let's advance in this deliberation. City Manager Lee?
I do need additional clarification. I think one of the clarification that I need from City Council right now is, are we working on a strict timeline at this point in time? Or we can work with the consultant to present potential timeline to the City Council for your direction? I think that would be good clarity for us in regards to how we go about to present this to the city council, let's say, the near future?
How are you? I mean, I I would say, you know, the next three to six months. I think that the if if there were if the charter thing goes forward, think it's 2028 would be the earliest that we could kind of that we should should do it.
I agree. And I would like to add one of the comments or one of the themes we heard tonight was why rush this? Why push this? And so my thinking is we again, to do this properly and also not in a way that puts staff in a position where they've got to make choices on priorities because we've given them a lot of work to do. We've got a lot of big goals this year. And so I think that could be a guiding principle on timing is what's also best for us as a team.
So I would like to amend the motion to say that to target add to target the Charter City potential election for 2028? Not because right now, we voted to do it in 2026. We need to move it to 2028 at the earliest.
That's okay with me.
Do you'll second the amended motion?
I guess so. Yeah. I'm amending the original motion, but friendly amendment, I guess.
And I do want to make one comment on the survey. Think as a prudent buyer, while we appreciate having one consultant here tonight, it's always good to get three. And so if we could have a selective invitation, just gives us that additional assurance that we're getting the best value for these dollars that we're going to be dedicating to the survey. So just wanted to make that point. Okay.
So I guess what we're saying is we're going to do the survey and that we're going to bring this back potentially in 2028 as an election thing if the survey comes back positive? Yes. Okay. I'll vote yes
on As far as we want to go right now. Okay. Okay. So we've got discussions completed.
One last comment. I just want to thank everybody who spoke tonight. When you say you can't change City Hall, you're wrong.
I apologize. Colin, is there a vote that is needed by five at this point in time? Okay, good. I don't want us to leave without a vote.
Just waiting for council council member Constantine. Item the amended substitute motion for Item 12 passes four-zero with Council Member Constantine abstaining.
Well, and the reason is the community is tremendously confused right now. If we walk out of here with a five zero vote, it's gonna be problematic. So I will keep an open mind and we'll see how it goes. But I do support this. I just can't vote yes because it's been such a problematic truly the public is
I will commit if the survey comes back positive, I will support it. I will too.
Okay. Think we made it through item 12.
Did.
All right. Appointments item 13 amendment thank you, sir. Amendment to mayoral appointments of council members and staff to outside committees. This will a quick presentation.
This will be very quick. Okay.
With the appointment to council member Constantine for vector control, the health and safety code requires that it's a two or four year appointment. We appointed her for one year. So I would recommend that we do a two year appointment as council member Constantine's term is up in November. It's at the pleasure of the council however you want to amend that.
Yeah. I I think that makes sense.
I don't
know if there's any other comment from council. But
Yeah. I I'll support it too. We have precedents too. Former Mayor Scholl Brothers, her second year, she was not reelected and she remained on vector control for that additional year. So we have precedents to do this. So I'll move to approve.
All those in favor say aye. Aye. All those opposed? Item number 13 passes five zero.
Okay council member items for future consideration. Are there any other items council might want to consider?
I do. I have one I'd suggest you know yesterday was Martin Luther King birthday and so I'd I'd suggest in the future that if there's a holiday Monday before a council meeting that we don't have a council meeting on a Monday on the day after a Monday holiday. So we could maybe schedule next year's calendar in October of each year and make sure that there's no nothing like the Monday holiday and then the Tuesday council meeting.
As long as we don't reduce the number of meetings, I'm good with that.
Okay. Moves forward. Okay.
Was there a second for that?
I'll second it.
I just wanted to make a quick comment. There's a flight to be made by one of the council members, and we are looking at quarter to eleven. I will move quickly through the rest of the agenda items, but just wanted to alert my counsel for courtesy. There any requests? Okay. City Council successor agency housing authority AB1234 general comments. Start with Councilman Grandis.
Yeah. I actually I have a forty five minute presentation I want to give on just kidding. On Thursday, December 18, the retirement party of Captain DeSantis, then and I attended the Fountain Valley Community Foundation board meeting and then holiday party afterwards. Monday, December 22, the Fountain Valley Qantas had their orange wood bowling. Monday, January 5, the Fountain Valley School District Educational Foundation. I just found out today that Hyundai I'm sorry. Oh, shoot. I think it's Kingston. Donated $20,000 towards it's Kingston to the foundations. That's fantastic.
Thursday, January 8, the Fountain Valley Chamber GAC meeting, which is really sounds gross, but it's Government Affairs Committee. And then that evening, I attended the network at night over at Fountain Bowl, Monday, January 12, the OCPA board meeting. I've already given my update on OCPA. And then Thursday, January 15, the Fountain Valley Foundation meeting and then the volunteer meeting. We're encouraging everybody who wants to do something for our city. The third Thursday at 07:00 over at the senior center is the volunteer group for the community foundation. If you want to give back to our community, that's one really good way to do it. And that's my report. Thank you.
Thank you.
Councilman Bui?
Yes, Mayor. I'll go ahead and submit my report because there isn't enough time. But I'm going to actually flying out to DC and try to solidify the money from for the fire department stations. As you all know that we were supposed to get $5,000,000 but circumstance changed. So we didn't we're not receiving that.
So I've been talking with the our current Congressman Tran, possibly $2.5 and my trip is to solidify that check as well as possibly any other funds that we can receive from the body and White House for others needs for cities such as police stations and any other infrastructures that city manager has given me the request already, and I'll be working with that when I get there. That's it.
Great. We wish you safe travels.
Is that being paid by for by the county? Or because you're going with the county, right? Or is that paid for by the city?
No. It's not paid by the county. Why is it paid by the county? I don't know. I'm I'm Did you
go you're traveling with the county. I'm just asking.
No. I'm asking you a question why you think within the county.
Because you're traveling with Janet Wynn in the county.
I'm traveling at Fountain Valley.
So the answer is no.
I'm traveling as Fountain Valley. I'm not traveling as Orange County.
I'm sorry, you brought up earlier council how much councilmen are spending. So I'm just curious. Yeah.
That's it. That's okay.
You answered. Thank you.
And and I want to say I appreciate Councilman Bowie going. That's generally what what the mayor does. That's one of the mayoral duties that he's graciously going for me. I appreciate that. Councilwoman Constantine.
Yes, to clarify I want to clarify that real quick because last year, I was supposed to go. But as you know, was a shutdown. So I couldn't go and they didn't refund. So they credit to next time of flight. So buying that, so I'm using the opportunity to go.
Okay, great. Thank you.
So since the last City Council meeting, I attended a few meetings, Planning Commission meeting, Housing and Community Development, two Orange County mosquito and vector control board meetings, founded by community foundation, founded by chamber of commerce government affairs, advisory committee for persons with disabilities, social club, friends of the library general meeting, and bingo. And really a great event was the police department badge ceremony. We're just about fully staffed and so proud of all the new police officers and promotions. Thank you.
Thank you, Councilwoman Constantine. Vice Mayor Harper.
Thank you. I'll submit my reports in writing in light of the time constraints, and that concludes my report.
Thank you, Vice Mayor. I will do the same. I'll also submit my comments and my report. So we will be adjourning to the next regular meeting on 02/03/2026 at six p. M. Here in the council chambers. Have a good evening.
This transcript was automatically generated from the official public meeting video and is presented unedited. It reflects remarks made on the public record by elected officials, staff, and public commenters. Transcript accuracy may vary; view the original recording for reference.